Plugged In @ Hinman Straub

January 24, 2023

What’s Inside

  • Senate Judiciary Committee Rejects LaSalle Nomination
  • Senate Holds Public Hearing on Climate Action Final Scoping Plan
  • Public Service Commission Approves Arrears Forgiveness
  • Governor Announces State Cancer Prevention Efforts to Protect Firefighters
  • DFS Adopts New Rules for Check Cashing Services
  • State Tax Receipts Exceed Projections
  • Political Updates
  • Coming Up

Senate Judiciary Committee Rejects LaSalle Nomination

The Senate Judiciary Committee held a confirmation hearing for Governor Hochul’s nomination of Hon. Hector LaSalle for Chief Judge of the Court of Appeals. Justice LaSalle is currently the presiding justice of the Appellate Division of the Second Judicial Department of the New York State Supreme Court, which handles civil and criminal appeals from Brooklyn, Queens, Staten Island, Westchester County and six other counties.

After nearly five hours of deliberation and consideration, the Senate Judiciary Committee narrowly voted against advancing the nomination of Justice Hector D. LaSalle, in a 10-9 vote. A key issue which remains unresolved is whether the Governor’s nominee can be voted down solely by the Judiciary Committee, or whether the nominee requires a full chamber vote. It is unclear if the Governor will challenge this in court, though she has said publicly that she is weighing all options.

A recording of this hearing is available here.

Members voting to advance the nomination:

  • Senator Sepulveda (D)
  • Senator Thomas (D)
  • Senator Bailey (D) – (without recommendation)
  • Senator Palumbo (R) – (without recommendation)
  • Senator Canzoneri-Fitzpatrick (R) – (without recommendation)
  • Senator Lanza (R) – (without recommendation)
  • Senator Martins (R) – (without recommendation)
  • Senator O’Mara (R) – (without recommendation)
  • Senator Rhoads (R) – (without recommendation)

Members voting against:

  • Senator Hoylman-Sigal (D)
  • Senator Breslin (D)
  • Senator Gounardes (D)
  • Senator Liu (D)
  • Senator Mayer (D)
  • Senator Myrie (D)
  • Senator Ramos (D)
  • Senator Ryan (D)
  • Senator Skoufis (D)
  • Senator Stavisky (D)

Governor Hochul said:

Today, New Yorkers had the opportunity to hear directly from Judge LaSalle, and what they heard was an affirmation of his commitment to fairness and justice above all else. He also shared his personal background and views, including his deeply held support for organized labor and unequivocal belief in the right to an abortion. Judge LaSalle demonstrated exactly why he is the right person for this role – because of his extensive experience, judicial temperament and integrity. “While this was a thorough hearing, it was not a fair one, because the outcome was predetermined. Several Senators stated how they were going to vote before the hearing even began – including those who were recently given seats on the newly expanded Judiciary Committee. While the Committee plays a role, we believe the Constitution requires action by the full Senate.

Senate Holds Public Hearing on Climate Action Final Scoping Plan

The Senate Committees on Finance, Energy and Telecommunications, and Environmental Conservation held a public hearing soliciting testimony related to budgetary and legislative action necessary to implement the Climate Leadership and Community Protection Act (CLCPA) and the Climate Action Council (CAC) Final Scoping Plan.

The Scoping Plan serves as the framework for how the State will reduce greenhouse gas emissions and achieve net-zero emissions, increase renewable energy usage, and ensure climate justice, in line with the mandates of the CLCPA.

The committees heard eight hours of testimony from a wide range of stakeholders including utilities, power producers, organized labor, and numerous environmental advocates. Those testifying on behalf of the energy industry urged an all-options approach to meeting the state’s climate goals and suggested that while meeting the 2030 emissions reduction goal may potentially be attainable if everything goes according to plan, that without a dispatchable energy source the 2040 goals are out of reach. Environmental advocates recommended banning fossil fuels in new buildings more quickly than proposed, ending the utility obligation to serve new gas customers within 100 feet of a gas main, barring utility subsidization of gas appliances, and preventing the use of alternative fuels like renewable natural gas and hydrogen.

Archived video and links to written testimony can be found here.

Public Service Commission Approves Arrears Forgiveness

The PSC approved recommendations made by the Energy Affordability Policy Working Group on a debt-forgiveness plan to address utility arrears stemming from the pandemic. The program will resolve all arrears through May 1, 2022, of approximately 75 percent of residential non-low-income and small business customers, and partially resolve arrears for approximately 25 percent of remaining customers via a one-time credit. The state had previously provided relief for low-income customer arrears through a budget appropriation. The costs of this new program will be socialized among all ratepayers.

The Governor said:

Every New Yorker deserves affordable energy, yet too many New Yorkers are at risk of having their lights turned off due to financial problems caused by the pandemic. Earlier this month, I laid out extensive proposals to make energy more affordable in my State of the State address, and with this historic electric and gas utility relief we’re achieving another major milestone to help New Yorkers stay warm during the cold winter months.

Governor Announces State Cancer Prevention Efforts to Protect Firefighters

The Governor announced the State’s Office of Fire Prevention and Control will begin outreach efforts to help protect New York’s firefighters and their families from the threat of cancer. State Fire officials initially launched a similar outreach program in early 2020, which was placed on hold due to the pandemic. Starting this month, State officials will travel across the state to demonstrate new protocols directly to firefighters via in-person educational sessions at local fire departments. Among the new protocols are the following:

According to the protocols, if exposed during a response, firefighters should:

  • Perform on scene gross decontamination, stop the exposure, and stop the spread of contaminates to the apparatus and station.
  • While on scene, use post-fire wipes to reduce exposures.
  • Shower as soon as possible and put on clean clothes.
  • Wash tools, equipment, and apparatus after fires.
  • Transport gear in non-porous containers such as a clear garbage bag.
  • Wear only clean gear, including hood.

New sessions are being scheduled on a rolling basis. Firefighters looking to attend or host an educational session can view the State Office of Fire Prevention and Control’s training calendar, or contact their county’s fire coordinator.

DFS Adopts New Rules for Check Cashing Services

Superintendent of Financial Services Adrienne A. Harris announced via press release newly adopted regulations regarding check cashing, originally proposed in June. The regulation implements a new methodology for calculating fees which accounts for needs of licensees.

The final regulation eliminates annual, automatic fee increases based on CPI. The regulation creates two tiers of fees for check cashers. The maximum fee that any check casher can charge for a public assistance check issued by a federal or state agency is 1.5%. For all other checks, the maximum fee that any check casher can charge is 2.2% or $1, whichever is greater.

The regulation does not apply to commercial checks, which are not subject to statutory fee limits, or fees generated from other services that check cashers often provide including wire transfers, bill payments, and lottery tickets.

Superintendent Harris said:

Check cashers are frequently the only way that many underserved New Yorkers – particularly members of immigrant communities and people of color – can access their money. When I became Superintendent, it was clear that the existing fee methodology wasn’t just outdated, but inappropriate and punitive to consumers. Check cashers should not be entitled to automatic, annual fee increases just because their services are essential to many New Yorkers.

State Tax Receipts Exceed Projections

The Comptroller announced that state tax receipts totaled $79.8 billion through the third quarter of State Fiscal Year (SFY) 2022-23, exceeding the latest projections from the Division of the Budget’s (DOB) Mid-Year Update to the State Financial Plan by nearly $7.7 billion. Personal Income Tax (PIT) receipts were $8.1 billion above projections, but, $6.9 billion lower than the same period last year. The State’s General Fund ended December with a balance of $49.4 billion, $9.7 billion higher than projected and just under $18.8 billion higher than last year at the same time, primarily due to PTET collections, higher than anticipated tax collections, and lower than anticipated capital projects spending.

State Comptroller Tom DiNapoli said:

Tax collections continued to exceed projections through December. However, concerns of an economic downturn and a cloudy revenue picture continue to create uncertainty. These conditions reinforce the importance of increasing rainy day reserve funds on or ahead of the schedule proposed in the Financial Plan.

Political Updates

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

City & State NY’s 2023 Health Care Power 100 here.

Seneca Nation denounces Hochul’s veto of unmarked burial protection act.

NY Times: Inside the Political Fight That May Have Doomed a Chief Judge Nominee.

Schumer, Jeffries talk Brooklyn and bipartisanship over breakfast.

New York Assembly staff goes public with union effort.

Advocate: On affordable housing, Hochul putting her eggs in the wrong basket.

Long Islanders question Hochul’s plan to bolster housing stock.

New York State may regulate Short-Term Rentals.

NY Post: Justice ‘reforms’ forcing prosecutors to toss out 69% of NYC criminal cases, alarming new study finds.

Dems back climate bills, including ‘Superfund’ to make oil companies foot the bill.

NY Post: Michael Henry in bid to become New York Republican Party leader.

Coming Up

The Senate will hold a public hearing to receive testimony regarding the child care crisis in New York State, the lack of availability of child care, and any legislation or policy response to protect child care workers and families on January 26.

The Commission on Ethics and Lobbying in Government will hold their next meeting on January 31.

A Joint Senate and Assembly public hearing reviewing mobile sports betting and its budget impact will be held on January 31.

The Board of Regents will hold their next meeting on February 13 and 14.

The Public Service Commission will hold its next meeting on February 16.