Plugged In @ Hinman Straub – December 6, 2019

What’s Inside

  • National Grid Lifts Gas Moratorium
  • Campaign Finance Reform Commission Releases Final Report
  • Governor Announces $15 Minimum Wage Phase In Will Continue On Schedule
  • Governor Releases RFA for Census Funding to Localities
  • Nuisance Call Act Signed
  • Governor Signs Attorney General Program Bill to Protect Rent Regulated Tenants
  • Senators Amedore and Little Not Seeking Reelection
  • Updates, Reminders, and Links
  • Coming Up

National Grid Lifts Gas Moratorium

Governor Cuomo and National Grid announced an agreement to immediately lift the current moratorium on gas service in Long Island, Queens and Brooklyn. National Grid has identified short-term solutions to address supply constraints and meet demand over the next two years. The short-term plan includes investing $8 million in significantly enhanced demand response initiatives and energy efficiency programs that reduce demand for natural gas at peak times and increases reliance on portable, compressed natural gas.

As part of the agreement, National Grid will analyze and present viable options to address the long-term supply issue including: renewable energy sources, conservation strategies, a new pipeline, LNG facilities, CNG facilities and interoperable systems. National Grid will analyze these options over the next three months and present them to the public through a series of public meetings in Queens, Brooklyn, Nassau, and Suffolk. These meetings will be conducted in coordination with local elected officials.

John Bruckner, President of National Grid New York, said:

“We have worked hard to identify an innovative series of alternatives to meet growing demand. With this agreement, we will present options for long term supply solutions that ensure our customers have the service they require and desire. With the resumption of service, providing support for those affected by the moratorium and further investments in New York’s long-term clean energy future, we are demonstrating our unwavering commitment to delivering on our top priority of providing safe and reliable service.” 

Campaign Finance Reform Commission Releases Final Report

The Campaign Finance Reform Commission released their final report, laying out a new system of public funding by matching small dollar donations. The report carries the force and effect of law unless changed by statute within the next few weeks. The commission also made changes to the threshold to qualify as a political party. An outline of the program is as follows:

Contribution Limits were reduced across the board, taking effect on January 1, 2022. Limits apply to both participating and nonparticipating candidates.

  • Statewide candidates (Governor, Attorney General, and Comptroller) – limits were reduced from $69,700 down to $18,000 per calendar year, equally divided between primary and general election.
  • Senate candidates – limits were reduced from $19,300 down to $10,000 per year, equally divided between primary and general.
  • Assembly candidates – limits were reduced from $9,400 down to $6,000 per year, equally divided between primary and general.

Qualifying Thresholds were created for each candidate looking to participate in the public match system.

  • Governor – Must raise $500,000 (large or small dollar contributors) from at least 5,000 individuals.
  • Statewide (Attorney General or Comptroller) – Must raise $100,000 from at least 1,000 individuals.
  • Senate ­– Must raise $12,000 from at least 150 individuals*.
  • Assembly – Must raise $6,000 from at least 75 individuals*.
  • *Senate and Assembly thresholds vary based on district average median income, for those district below average, thresholds are lowered to 66.67% of base threshold – If this AMI adjustment fails judicial scrutiny, thresholds are automatically reduced for both houses to $10k/150 for Senate and $5k/75 for Assembly.

Caps on Public Funds are set at $3.5 million for statewide offices per election, $375k for Senate candidates per election, and $175k for Assembly candidates per election.

Contributions Qualified for Public Match are for any contribution between $5 and $250.

Match Ratios for Statewide races are set at a 6:1 match and can come from anywhere within the state. For Senate and Assembly races, contributions must come from within the district and are matched at the following rates:

  • 12:1 for the first $50
  • 9:1 for the next $100 (or any amount between $51-$150)
  • 8:1 for the next $100 (or any amount between $151-$250)

In order for a candidate to draw a public dollars they must have an opponent and can only spend those campaign funds on qualified expenditures. A new unit within the State Board of Elections was formed to provide administration and oversight of the new program. It is important to note that contribution limits were reduced for all, including those who choose not to participate. As mentioned, the threshold to qualify as a political party (and receive an automatic ballot line) was increased from 50,000 votes for the party’s gubernatorial candidate in each gubernatorial election (qualifying every four years), to 2% of total turnout or 130,000 votes, whichever is higher, for the party’s gubernatorial and presidential candidate (qualifying every two years). The only minor party that has consistently met this threshold in the past is the Conservative Party. Most other minor parties fail more often than not and some have never come close. 

Governor Announces $15 Minimum Wage Phase In Will Continue On Schedule

Governor Cuomo announced that New York State will continue the fourth phase of the mandatory minimum wage increase effective December 31, 2019. This announcement follows the release of a statutorily required report by the Division of the Budget (DOB), which found that the current outlook for continued growth in employment and wages at a moderate pace should allow the State labor market to absorb the minimum wage increases scheduled for 2020.

The 2016-17 state budget enacted a mandatory New York State minimum wage increase phase-in on a trifurcated regional basis as outlined in the chart below. The annual report produced by the Division of the Budget is required by the minimum wage statute to review the state of the economy in each region and the effect of minimum wage increases to determine whether increases move forward as scheduled or if there should be a delay.

Governor Releases RFA for Census Funding to Localities

In order to ensure that New York State receives an accurate count for the 2020 census, the 2019-20 budget included $20 million for census outreach, targeting “hard-to-count” areas. It was previously reported by the Governor that a Request for Expressions of Interest would be released, with awards determined based on plans evaluated on a variety of factors, including presence of cooperating libraries and other institutions, and proven capability of local organizations. This week, additional detail regarding the Request for Expressions of Interest was released, directing local governments to come up with a plan outlining how they will use the funds. Further guidance on how localities can develop their plans will be provided in the near future. Counties and cities have 30 days to submit their final plans, and funding awards will be approved in late January.

Nuisance Call Act Signed

Governor Cuomo signed legislation (S.4777/A.2224) enacting the Nuisance Call Act, which requires live telemarketers to give consumers the option to be added to the seller’s do-not-call list. It also requires telemarketers to have a consumer’s written consent before sharing or selling their contact information. 

Governor Cuomo said:

“This loophole is a license to annoy New Yorkers that telemarketers have taken advantage of for far too long. With these new protections, we can help ensure New Yorkers receive fewer unwanted calls and their privacy is protected once and for all.”

Governor Signs Attorney General Program Bill to Protect Rent Regulated Tenants

Governor Cuomo signed an Attorney General Program Bill (A.6188/S.2605) protecting rent regulated tenants from landlord harassment by preventing landlords from creating unsafe, disruptive or uninhabitable conditions in order to force tenants out of their homes. The previous law only provided protections to tenants who could demonstrate physical injury.

The bill creates a new Class A misdemeanor for harassing a rent regulated tenant. A landlord is guilty of the new misdemeanor when they attempt to force out a tenant by making their accommodations uninhabitable or purposefully creates or maintains a condition that risks the safety, health and comfort of the tenant. The bill also broadens the definition of the existing class E felony offense to include conduct by a landlord that seeks to force out two or more rent regulated tenants by making their accommodations uninhabitable or purposefully creates or maintains a condition that risks the safety, health and comfort of the tenant. Finally, multiple convictions for misdemeanor conduct under these new provisions within five years will permit prosecutors to charge the repeat offender with a class E felony.

Attorney General James said:

“For far too long, unscrupulous landlords have gotten away with subjecting rent-regulated tenants to dangerous and inhumane conditions in an attempt to force them out of their homes. Today that changes. Tenants will no longer have to meet an unreasonably high bar to demonstrate that they are being harassed. Instead, we will ensure that landlords will face justice when they intentionally subject their tenants to unsafe, disruptive, or uninhabitable conditions, such as exposing them to hazardous materials, shutting off heat and hot water, or using construction to make buildings deliberately uninhabitable. I thank the bill’s sponsors, Senator Krueger and Assemblymember Lentol, legislative leaders, and Governor Cuomo for ensuring that our most vulnerable tenants will be protected.”

Senators Amedore, Little, and Ranzenhofer Not Seeking Reelection

Senators Amedore, Little, and Ranzenhofer all announced they would not be seeking reelection in 2020, adding to the growing list of Senate Republicans who will not be seeking another term. Senator Amedore was a three term incumbent, Senator Little has served in either the Assembly or Senate since 1995, and Senator Ranzenhofer was elected in 2008. All seats are likely to be contested in 2020, with Little’s seat being the only district with a Republican enrollment advantage.

Updates, Reminders, and Links

City & State NY’s Winners and Losers here.

Assembly Speaker suggests raising revenue is the way to close the upcoming budget gap.

New York Medicaid Gap an “Achilles Heel” here.

Coming Up

The Board of Regents will hold their next meeting on December 9th and 10th.

The Assembly will hold a public hearing on suicide prevention supports and services on December 9.

The Assembly will hold a public hearing on youthful offender status and the sealing of criminal records on December 10.

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

The Assembly will hold a public hearing to examine capital funding for arts and cultural organizations on December 12.

The Senate will hold a public hearing on real estate agents’ discrimination of home buyers on December 12.

The Assembly Committee on Libraries and Education Technology will hold a public hearing on funding of public libraries on December 13.

The Senate Committee on Higher Education has rescheduled a public hearing on the funding of public colleges for December 16.

The Assembly Education committee will hold a public hearing on mayoral control of New York City School District on December 16.

The Assembly Social Services committee will hold a public hearing on Empire State Poverty Reduction Initiative (ESPRI) on December 16.

JCOPE will hold its next meeting on December 17.

The Assembly will hold a public hearing on substance use disorder services and barriers to accessing those services on December 17.

The Assembly will hold a public hearing regarding oversight of the 2019-2020 state budget for the Department of Agriculture and Markets on December 19.

According to a tweet from Jimmy Vielkind of the Wall Street Journal, the Governor will announce funding for projects through the Regional Economic Development Councils on December 19 at the Albany Capital Center (though that is yet to be confirmed elsewhere).

The Assembly will hold a public hearing to discuss changes the STAR rebate program on January 21.

The Senate Racing Committee will hold a public hearing on the economic impact of the three unused downstate casino licenses on January 22.