Plugged In @ Hinman Straub

April 27, 2022

What’s Inside

  • Governor Extends State Disaster Emergency
  • Governor Announces Funding Available for the ‘Clean Green Schools’ Initiative
  • Governor Issues Budget Line Item Vetoes
  • Governor Nominates New Commissioner and President of the State Civil Service Commission
  • Supreme Court Declines to Hear Case on SALT Deduction Cap
  • Appellate Court Rules Congressional Lines Unconstitutional, State Legislative Lines Valid
  • Political Updates
  • Coming Up

Governor Extends State Disaster Emergency

The Governor extended the state disaster emergency for an additional 30 days which is now set to expire on May 15. The Governor cited the prevalence of two sub-variants for the need to continue the state disaster emergency. At a press conference this week, Governor Hochul said that despite a federal court striking down mask mandates on airplanes, New York’s mask mandate on public transit and in certain congregate settings like hospitals will remain in place for the time being, noting that New York’s mandate is based on CDC guidance.

Governor Announces Funding Available for the ‘Clean Green Schools’ Initiative

The Governor announced $59 million in funding is now available for the Clean Green Schools initiative, which will advance clean energy and energy efficiency solutions to improve indoor air quality and reduce emissions for more than 600 under-resourced public Pre-K-12 schools across the state. All public school buildings across New York State that are designated as high-needs by the New York State Education Department or located in a disadvantaged community will be eligible to participate in the program.

Administered by the New York State Energy Research and Development Authority (NYSERDA), applications are now being accepted for the Clean Green Schools initiative, which will help public schools in disadvantaged communities or high-needs areas that traditionally lack resources to invest in infrastructure improvements. This initiative will provide technical, financial, and human resource support to help under-resourced public schools assess and implement energy efficient heating and cooling projects. All HVAC projects funded under this initiative will address indoor air quality.

Applications are open for the two tracks participating in the initiative:

  • Track I will provide professional services, including energy studies, on-site energy managers and fiscal advisors, to help schools evaluate and facilitate comprehensive energy reduction, decarbonization, environmental sustainability, and indoor air quality improvements.
    • Funding for Track I will be provided on an open enrollment, first-come-first-served basis.
  • Track II will provide schools with funding for construction projects that decarbonize their building portfolios, including retrofits that impact energy consumption and overall building load, electrification readiness projects, and conversion of central heating and/or cooling plants to clean energy technologies such as heat pumps.
    • Funding for Track II will be provided on a competitive basis.

Governor Issues Budget Line Item Vetoes

The Governor announced the submission of 33 line-item vetoes in accordance with Article VII of the State Constitution. The vetoes include 23 appropriations that are fully expended and three that have minimal spending authority remaining. One appropriation is duplicative of another appropriation for the same purpose, and another appropriation has been previously vetoed. Five appropriations are vetoed on the grounds of being unconstitutional alterations.

The full list of vetoes is available here.

Governor Nominates New Commissioner and President of the State Civil Service Commission

The Governor announced Timothy Hogues will be nominated to serve as the Commissioner and President of the State Civil Service Commission. Mr. Hogues most recently served as a Personnel Commissioner for Erie County. Previously, Mr. Hogues served as Commissioner for the Erie County Department of Senior Services. He served in the Erie County Legislature from 2012 through 2013. In addition to his government service, Mr. Hogues worked as an Operations Manager at private firms in the Buffalo area.

Governor Hochul said:

New York’s exemplary civil servants deserve leadership that is equally qualified and committed to the work of the State. With his wealth of experience and passion for public service, Timothy Hogues will be an extraordinary leader for the Commission, and I look forward to working with him as we continue to solve the State’s most pressing challenges and deliver for New Yorkers.

Supreme Court Declines to Hear Case on SALT Deduction Cap

The U.S. Supreme Court declined to review an appellate case that upheld the $10,000 limit on the amount of state and local taxes (SALT) that can be claimed as a deduction on individual federal income tax returns. New York, joined by Connecticut, Maryland, and New Jersey, had sued the United States, Treasury, and the IRS, and their respective secretary and commissioner, soon after the enactment of the limitation by the law known as the Tax Cuts and Jobs Act (TCJA). A federal district court denied the states’ arguments, finding the SALT cap was validly enacted and was not unconstitutionally coercive toward them. The decision was affirmed by the Second Circuit Court of Appeals.

Governor Hochul said:

Four years ago, former President Trump and a Republican controlled Congress launched an economic attack on New Yorkers. Their tax plan handed major giveaways to big corporations, while raising taxes on middle-class families here in New York. Though I am disappointed in the U.S. Supreme Court’s decision, I can’t give up on fighting for New York families and the tax relief they deserve. That’s why I accelerated our middle-class tax cut, put forward a significant property tax rebate and advanced a suspension of the gas tax in the recently enacted state budget. Leaders in the White House and Congress have the power to undo the damage caused by the Republican tax plan and restore the full SALT deduction to help middle-class New Yorkers. With costs rising and New Yorkers hurting, I urge our leaders in Washington to address this critical economic issue as quickly as possible.

Appellate Court Rules Congressional Lines Unconstitutional, State Legislative Lines Valid

A five-judge panel heard arguments on appeal of a state Supreme Court ruling that recently invalidated congressional and state legislative redistricting lines. The appellate court ruled that congressional lines were drawn to discourage competition and favor the Democratic Party, upholding the lower court’s decision to invalidate the congressional maps. They disagreed with the lower court’s remedy (special master to draw new lines) and have given the legislature until the end of the month to draw new lines. The appellate court, however, found that the process by which the legislature drew the lines did not violate the constitution. Because the process by which the lines were drawn was deemed constitutional, the decision by the lower court to invalidate the state legislative lines was overturned. The decision will be stayed on appeal to the state’s highest court, which will hear oral arguments on Tuesday.

A Senate Democratic spokesperson said in a statement:

We are pleased the Court upheld the legislature’s process and the right for the legislature to enact these maps. The newly-drawn Senate and Assembly maps are now valid. We always knew this case would end at the Court of Appeals and look forward to being heard on our appeal to uphold the Congressional map as well.

Political Updates

City & State NY’s Weekly Winners and Losers here.

City & State NY’s Energy and Environment Power 100 here.

Hochul releases first television ads of 2022 campaign.

Cuomo Op-Ed: There’s a better way forward for New York State here.

Independent runs for governor or LG? Not so fast.

Ex-Cuomo aide Melissa DeRosa plans tell-all memoir.

Benjamin lawyer floats same defense that helped de Blasio avoid indictment.

Hochul: ‘Options’ exist for replacing Benjamin on ballot.

NY Democrats refuse to back bills that allow Gov. Kathy Hochul to switch running mates.

Hochul won’t ask Brian Benjamin to move out of state as way of disqualifying him from primary ballot.

Hochul avoids press just days after her lieutenant governor resigns.

Hochul’s campaign events paused following running mate scandal, shooting.

N.Y. Democrats want a ‘Fair Deal’ for Hochul on ballot line this November.

Times Union Editorial: Corruption? That’s a shock. Here.

The Fall and Fallout of Brian Benjamin.

Rival alleges Queens Assemblywoman forged petition signatures.

Two Republicans looking to primary Rep. Tenney in NY 23.

Alison Esposito opens up on being NY’s first openly gay lieutenant governor candidate.

Harry Wilson vies for second ballot line in governor’s race.

Coming Up

JCOPE will hold its next meeting on April 26.

The Public Service Commission will hold its next meeting on May 12.

The Board of Regents will hold their next meeting on May 16 and 17.