Plugged In @ Hinman Straub – May 31, 2019

What’s Inside

  • Senate Finance Committee Acts on Governor’s Nominations
  • Legislature Announces Unified Front on Rent Control Issues
  • Governor Signs Finger Lakes Community Preservation Act
  • Governor Signs Bill to Lift Ban on Gravity Knives
  • Governor Announces Launch of University of Buffalo Innovation Hub
  • Comptroller Release Report on Industrial Development Agencies
  • Updates, Reminders, and Links
  • Coming Up

Senate Finance Committee Acts on Governor’s Nominations

This week, the Senate Finance Committee moved several of the Governor’s nominations. The committee favorably reported the following nominees:

  • Linda Lacewell, Superintendent, Department of Financial Services 
  • Keith M. Corlett, Superintendent, State Police 
  • Angela Fernandez, Commissioner, Division of Human Rights 
  • Robert T. Williams, Executive Director, New York State Gaming Commission 
  • Allen Riley, Member, State Commission of Correction 
  • Michael Schmidt, Commissioner, Taxation and Finance 
  • Erik Kulleseid, Commissioner, State Parks, Recreation and Historic Preservation 
  • Theodore Kastner, MD, Commissioner, Developmental Disabilities 
  • Michael P. Hein, Commissioner, Office of Temporary and Disability Assistance 
  • Mark J. F. Schroeder, Commissioner, Motor Vehicles 
  • Guillermo Linares, Ed. D. President and CEO, Higher Education Services Corporation
  • Maria T. Vullo, Director, State of New York Mortgage Agency
  • Carolyn Pokorny, Metropolitan Transportation Authority Inspector General

Of the nominees moved through committee, only five were taken up and confirmed by the entire Senate body including Guillermo Linares (HESC), Angela Fernandez (Division of Human Rights), Allen Riley (Correction), Erik Kulleseid (Parks), and Carolyn Pokorny (MTA IG). The remaining nominees will be confirmed by the Senate at a later date. 

Legislature Announces United Front on Rent Control Issues

This week, Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins issued a press release regarding their position on the ongoing rent regulation discussions. The press release comes after the Governor suggested the possibility of vetoing a package of rent regulation bills if he isn’t included in negotiations.

The press release:

“Now that both legislative houses have concluded our hearings on New York’s rent laws, the Senate and Assembly majorities agree that in 2019 we will enact the strongest rent package ever – one that protects tenants and makes New York more affordable for all its residents.

It is clear landlords have had an unfair advantage for many years and that equity must be restored. Both the Senate and Assembly majorities share a deep commitment to helping New Yorkers stay in their homes. United, we will advance a historic package of tenant protections that encompasses the principles of the nine bills that tenants have long awaited and deserve, as well as other critical housing protections.”

Governor Signs Finger Lakes Community Preservation Act

Governor Cuomo signed into law the Finger Lakes Community Preservation Act (S.2270A/A.5029A), which prohibits the siting of a waste-to-energy facility in the Finger Lakes Watershed. Under the new law, waste-to-energy facilities will be prohibited from receiving a certificate of environmental compatibility and public need if the facility is: within the Oswego River/Finger Lakes Watershed; there is at least one landfill or other Department of Environmental Conservation permitted solid waste management facility operating or located within a 50-mile radius of the facility; and within 10 miles of a state-designated priority water body, pursuant to Environmental Conservation Law.

Senator Rachel May said:

“Protection of the Finger Lakes is a crucial issue for Central New York’s health and well-being. We rely on these lakes for drinking water, recreation, tourism, and a thriving winery industry. Thank you to the Governor for recognizing the importance of protecting this region from incinerator projects that put our people, environment, and economy in harm’s way.”

Assembly Member Michael Cusick said:

“Today’s bill signing is step forward for New York and the Finger Lakes region specifically. I want to thank Governor Cuomo for his leadership in blocking harmful projects from being built in environmentally sensitive regions.”

Governor Signs Bill to Lift Ban on Gravity Knives

This week, the Governor signed a bill into law (A.5944/S.4863) which will lift the ban on gravity knives. “Gravity knives” are folding knives which are able to be opened with one hand, by a flick of the wrist. These knives are commonly used in the skilled trades industry, by chefs or artists. They can be bought in hardware and sporting goods stores.

This is the third time this bill (or a similar bill with the same goal) has been delivered to the Governor for approval, having been vetoed in both prior instances. The Governor had vetoed the bill in 2016 and 2017 based on concerns from law enforcement, however, in March of this year a federal judge ruled the ban unconstitutional.

Governor Cuomo’s approval memo #2 of 2019:

APPROVAL #2                                                                                                        May 30, 2019

CHAPTER #34

 MEMORANDUM filed with Assembly Bill 5944, entitled:

“AN ACT to amend the penal law, in relation to gravity knives”

 APPROVED

This bill, unanimously passed by the Legislature, would legalize the possession of commonly sold and lawfully used folding knives by removing the term “gravity knife” from the Penal Law, while leaving intact law enforcement’s ability to pursue those who otherwise use these knives unlawfully. 

This is not the first time the Legislature has sought to remove the criminal sanctions associated with possessing these knives, which are widely available in hardware and sporting goods stores. Indeed, in 2016 and 2017, I was constrained to veto similar bills (see Veto No. 299 of 2016 and Veto No. 171 of 2017). As I explained in each of those instances, despite recognizing the absurdity of a criminal justice system which has regularly charged individuals for simply carrying folding knives designed, marketed and sold as work tools for construction workers, artisans, restaurant workers, and day laborers, the uniform opposition of the State’s law enforcement entities and mayors could not be ignored. Recognizing the concerns on both sides of this issue, the Executive strived to reach a compromise over the past three years, carefully constructing bills that would have legalized these knives in a limited fashion so that individuals using them for work could not be prosecuted. None of those attempts to reach a resolution proved successful. 

As I review this bill for a third time, the legal landscape has changed. In March of this year, the United States District Court for the Southern District of New York declared the State’s existing “gravity knife” ban unconstitutional. As argued by many who have advocated for this change in law, the court reasoned that the existing law could result in arbitrary and discriminatory enforcement.

While I remain aware of the cautious community voices, I cannot veto a bill passed by the Legislature to address a decided constitutional infirmity in existing law, as recently affirmed by a federal court. I remain confident that our law enforcement community will continue to keep our communities safe by pursuing anyone who uses, or attempts to use, one of these knives in an unlawful manner. 

On that basis, this bill is approved.

Governor Announces Launch of University of Buffalo Innovation Hub

Governor Cuomo announced the official launch of the University at Buffalo’s Innovation Hub. The Innovation Hub is funded through a $32 million Empire State Development grant commitment from New York State, and supports innovation at UB and its leading research partners, including Roswell Park Comprehensive Cancer Center, The Jacobs Institute, Hauptmann-Woodward Medical Research Institute and Kaleida Health.

Several updates on the advancement of the Innovation Hub were shared with attendees and affiliates at the event, with developments coming in three key areas:

  • The planning, design and renovation of UB’s New York State Center of Excellence in Bioinformatics and Life Sciences into incubation and entrepreneur support space is underway and expected to open in early 2020. The space, which will be a designated START-UP NY-eligible location, will be made available to companies affiliated with UB and partner organizations. The university will also utilize various portions of the facility for entrepreneur support programs, events, education and related services.
  • Initial investments through the Innovation Hub’s $13.5 million fund have commenced with a focus on fueling proof-of-concept opportunities and pre-seed/seed growth. As a result, seven proof of concept accelerator fund awardees have been selected, and the fund is expected to ramp up activity later this year, with additional funding announcements expected soon.
  • Outreach engagement and support programming to best serve and guide founders and startups through the various phases of development is underway. This outreach, curriculum and programming is being introduced and implemented.

Governor Cuomo said:

“Western New York’s world-class academic institutions, like the University at Buffalo, are proven catalysts in the development of dynamic life science and technology hubs across the state. Through strategic investments and local partnerships, this Innovation Hub will bring together the very best and brightest in the tech industry, growing the region’s innovation economy for generations to come.”

FComptroller Release Report on Industrial Development Agencies

Comptroller DiNapoli released his annual report on Industrial Development Agencies (IDAs) and their activity within the state. The report showed IDAs provided approximately $1.4 billion in total tax exemptions to 4,385 projects in 2017. These exemptions were partially offset by $642 million in payments in lieu of taxes (PILOTs).

Through 2017, active IDA projects produced a net total of 198,522 jobs gained since their inception, with nearly two-thirds (2,912) of projects resulting in net jobs gained.

Outside of New York City, IDAs in 2017 reported:

  • All seven upstate regions had net job gains over the life of their active projects, with the Capital District adding the most (22,987). Long Island led the downstate regions with nearly 47,000 jobs created;
  • Long Island continues to lead the state in net job gains, once again accounting for approximately 24 percent of the statewide total;
  • For the second straight year, the Long Island (809), Finger Lakes (742) and Western New York (720) regions had the largest number of projects;
  • The Mid-Hudson ($175 million) and Long Island ($153 million) regions had the highest net tax exemptions;
  • The Mohawk Valley ($24 million) and North Country ($7 million) regions had the lowest net tax exemptions; and

The Capital District ($76) and Mid-Hudson ($75) regions had the highest net tax exemptions per capita.

Updates, Reminders, and Links

City & State NY’s Winners and Losers here.

City & State NY’s Long Island Power 100 here.

Cuomo on Chartock here.

Lohud’s feature of Melissa DeRosa, Secretary to the Governor here.

Albany Med CEO announces retirement.

According to a report, Liz Benjamin will leave Spectrum News and Capital Tonight program will end.

Cuomo suggests mobile sports betting could happen soon.

Newyorkupstate.com Do NY farmworkers deserve OT, union rights? An Upstate-Downstate clash here.

Facial recognition coming soon to New York schools. Promptly gets pushback from SED. 

Coming Up

The Board of Regents will hold its next meeting on June 3rd and 4th.

 A Joint Legislative hearing on suicide and suicide prevention is scheduled for June 4th.

The Senate Committees on Consumer Protection and Internet and Technology will hold a public hearing to conduct discussion on online privacy and what role the State Legislature should play in overseeing it on June 4th.

The Senate Committees on Racing, Gaming, and Wagering and Domestic Animal Welfare will hold a public hearing to examine the health of racehorses while training and racing, and resources for aftercare on June 5th.

The Senate Committee on Transportation will hold a public hearing to examine the legalization of E-Bikes and E-Scooters on June 7th.

The PSC will hold its next meeting on June 13th.

JCOPE will hold its next meeting on June 25th.