Plugged In @ Hinman Straub – September 20, 2019

What’s Inside

New York Bans Flavored Electronic Cigarette Products
Sienna College Research Institute Releases Poll
Governor Signs Bill Extending Statute of Limitations for Rape
Available Funding Announced for Smart Start Program
Comptroller Releases MTA Financial Outlook
Mayor de Blasio Withdraws from 2020 Presidential Race
Updates, Reminders, and Links
Coming Up

New York Bans Flavored Electronic Cigarette Products

This week, at the direction of the Governor, the Public Health and Health Planning Council (PHHPC) voted on emergency regulations banning the sale of flavored electronic cigarettes and nicotine e-liquids. New York is the first state in the nation to ban such products. The Department of Health will provide retailers with an approximate two-week grace period before conducting visits to enforce the flavoring ban beginning on Friday, October 4. Local health departments and the Department’s District Offices, with State oversight, will handle enforcement. Retailers who violate the ban will face fines of up to $2,000 per violation, which is defined as each unit of flavored e-liquid or product containing e-liquid that is possessed, manufactured, sold or offered for sale.

The Governor has also directed State Police and DOH to immediately partner to ramp up enforcement efforts against retailers who sell to underage youth, with the possibility of criminal penalties, in addition to announcing that he will advance legislation to ban deceptive marketing of e-cigarettes to teens and children.

Governor Cuomo said:

“It is undeniable that vaping companies are deliberately using flavors like bubblegum, Captain Crunch and cotton candy to get young people hooked on e-cigarettes – it’s a public health crisis and it ends today. New York is not waiting for the federal government to act, and by banning flavored e-cigarettes we are safeguarding the public health and helping prevent countless young people from forming costly, unhealthy and potentially deadly life-long habits.”

DOH Commissioner Howard Zucker said:

“The alarmingly high numbers of young people in New York State who are using vape products is nothing short of a public health crisis. These regulations are a part of many critical steps we are taking to combat this disturbing trend. We will continue to be aggressive in our efforts to prevent nicotine addiction and bad marketing practices under Governor Cuomo’s leadership.”

Sienna College Research Institute Releases Poll

Sienna College Research Institute released its latest poll this week, focusing on a few New York issues, favorability ratings and the presidential primary candidates. Support for legalizing recreational marijuana dipped slightly from Sienna’s last poll though still holding a slight majority of support from New Yorker’s polled. An overwhelming majority of New Yorker’s oppose the state’s plan to require new license plates and the attached fee for the plate is even less popular. A majority of New Yorker’s oppose the new law allowing undocumented immigrants to obtain a driver’s license, though there has been a slight uptick in support from the last poll. Half of those polled support New York’s current practice of allowing fusion voting and candidates for office running on multiple party lines.

Governor Cuomo’s favorability rating rebounded significantly from August when he posted his lowest numbers to date.

Joe Biden takes a plurality of support for the Democratic presidential candidate of preference with Elizabeth Warren not far behind and Bernie Sanders solidly in third place with a full third polled remaining undecided. Biden’s lead increase fairly significantly when New Yorkers weigh in on which candidate is most likely to defeat President Trump.

Governor Signs Bill Extending Statute of Limitations for Rape

Governor Cuomo, joined at the signing ceremony by leaders of the TIME’S UP movement and NOW New York, signed legislation (S.6574/A.8412) extending the statute of limitations to 20 years for rape in the second degree and to 10 years for rape in the third degree. The law also extends the statute of limitations to 20 years for a criminal sexual act in the second degree and incest in the second degree, and to 10 years for a criminal sexual act in the third degree. This law also eliminates the statute of limitations for incest in the first degree and increases the time period in which victims can bring a civil suit for these offenses to 20 years. Prior to this new law, victims only had five years to bring a legal case alleging rape in the second degree or third degree or a criminal sexual act in the second degree or third degree.

Governor Cuomo said:

“There has been an ongoing and pervasive culture of sexual harassment and abuse in our society, and it is made worse by the fact that victims of second and third degree rape only have five years to bring a legal claim against their attacker. Five years is an insult to these survivors and today we’re providing them more time to come to terms with the trauma they experienced and to seek justice. This new law recognizes the injustice that has gone on for far too long and honors all the women who have suffered this pain and all the advocates who had the courage to come forward and tell their story so that other women may be spared the pain.”

Senate bill sponsor Senator Biaggi said:

“Speaking from my own experience of staying silent after surviving sexual abuse, it can take decades for a person to come forward and feel ready to pursue justice against their perpetrator. By extending the statute of limitations for certain offenses of rape, sexual criminal acts, and incest, New York state is adopting procedures that allow survivors of sexual violence to report on their own terms. I thank Governor Andrew M. Cuomo and Senate Majority Leader Andrea Stewart-Cousins for their commitment to seeing this legislation through. It is critical that we continue to enact laws that hold offenders accountable, and prioritize the safety and wellbeing of survivors.”

Assembly Bill sponsor Simotas said:

“Our culture teaches people not to be raped instead of teaching people not to rape. By updating our laws, we are sending a strong message that survivors matter, their stories matter and New York will not deny anyone accessible means to justice. I am proud that we are finally providing survivors an adequate window of time to process their trauma. I thank Governor Cuomo, Senator Biaggi, the advocates from Times Up and my partners in the Legislature for understanding the urgency of prioritizing these reforms.”

Available Funding Announced for Smart Start Program

Governor Cuomo announced $6 million in funding is available for elementary and middle schools through the Smart Start Computer Science Program. Smart Start works to expand computer science education by offering teacher support and resources in computer science and technology for students in kindergarten through 8th grade. Schools across the state are eligible to apply, and preference will be given to high-need schools. Applications are due November 19, 2019 and are available here.

Board of Regents Chancellor Betty Rosa said:

“The Board of Regents and I are committed to ensuring that every child has equitable access to the highest quality educational opportunities. It’s critical that we continue to expand the movement to make computer science a fundamental part of New York State education to better prepare students them for life in the 21st century world we live in.”

Comptroller Releases MTA Financial Outlook

This week, Comptroller DiNapoli released a report on the financial outlook of the MTA. According to the report, the MTA’s latest financial plan projects budget gaps that grow from $392 million in 2020 to nearly $1.6 billion in 2023. These estimates, however, already assume successful implementation of the MTA’s proposed budget reduction program. Excluding that program, the gaps are much larger, growing from $705 million in 2020 to $1.9 billion by 2023. The report also concludes that the MTA has large unfunded capital needs as well. New state resources for the MTA’s capital program, such as congestion pricing, and federal funding are expected to contribute $32 billion to the MTA’s 2020-2024 capital program, but additional funding will still be needed to modernize the subway system.

The report also found the following:

Even before taking into consideration the next 5 year capital program, outstanding debt is projected to reach $41.8 billion by 2022, an increase of 19 percent from 2019.
Debt service would increase by 31 percent, exceeding $3.5 billion by 2023 when debt service will represent nearly 20 percent of total revenue.
As of June 2019, the MTA has committed just 65 percent of the funds for its 2015-2019 capital plan and finished just 25 percent of its projects.
Overtime grew by 143 percent between 2010 and 2018, reaching a record of nearly $1.4 billion, which exceeded the MTA’s initial forecast by more than one-third ($396 million). The MTA expects overtime to fall by $255 million to $1.1 billion this year, but that is still $123 million more than it projected at the beginning of the fiscal year.
Health and welfare costs for MTA employees and retirees rose 34 percent to $1.8 billion from 2013 to 2018. MTA expects these costs to further increase by 41 percent by 2023.
Despite record job growth in NYC, annual subway ridership has fallen for three consecutive years (2016-2018) to 1.68 billion, although it has held steady through May 2019.
Weekday on-time subway performance fell from 87.7 percent in 2010 to 63.5 percent in 2017, the lowest since 1991. Through the MTA’s Subway Action Plan and Save Safe Seconds campaign, on-time performance improved to 79 percent through July 2019. On-time performance on lettered lines has lagged behind the numbered lines. The MTA reports that weekday on-time performance reached 84 percent in Aug., up from 69 percent in Aug. 2018.
LIRR’s reported on-time performance, which had slipped to 90.4 percent by 2018 — its worst level in 22 years — has improved in 2019, averaging 93 percent through July.
Metro-North’s reported on-time performance also improved in 2019 after recent declines, to 94.8 percent through July.

Comptroller DiNapoli said:

“This is a critical moment for the MTA and for riders. As everyone agrees, the MTA needs to transform itself into a more efficient organization, improve service and modernize the system. The right choices and effective implementation are crucial, and transparency and openness with all stakeholders is essential. If it fails, the consequences could be felt for years to come, and riders could face reduced services, unplanned fare hikes, and deterioration of the system.”

Mayor de Blasio Withdraws from 2020 Presidential Race

Mayor de Blasio announced his decision to withdraw from the presidential race today. The Mayor was not able to gain much traction and was unable to meet the requirements to participate in the last presidential debate. The Mayor promised to continue to fight for progressive change for New York.

The Mayor said:

“I’m going to redouble my efforts to improve the quality of life of everyday New Yorkers, proving that policies like guaranteed paid personal time off can work on a grand scale. I’m going to continue implementing universal health care and a Green New Deal in the nation’s largest city. And I promise I’ll fight for New Yorkers and workers everywhere to ensure there’s an actual plan to protect their livelihoods from being automated out of existence.”

Updates, Reminders, and Links

City & State NY’s Winners and Losers here.

City & State NY’s Bronx Power 100 here.

Watch this week’s public hearing on rural broadband here.

Democratic Socialists of America plan state Assembly and Senate primaries.

Comptroller releases school district audits here and here.

Comptroller releases municipal audits here.

Coming Up

A Joint Senate and Assembly public hearing on New York’s response to Federal Government shutdowns will be held on September 24.

The Senate Task Force on Opioid and Drug Abuse will hold a public meeting to hear from stakeholders on strategies for reducing overdoses, improving individual and community health, and addressing the harmful consequences of drug use on October 3.

The Senate Committee on Internet and Technology will hold a public hearing to hear from stakeholders within the “Gig Economy” – to identify the needs of workers and employers operating outside the traditional employee-employer dynamic and determine possible legislative avenues – including S.6538 – The Dependent Worker Act’s impact on the workforce on October 16.

The PSC will hold its next meeting on Thursday, October 17.

A Joint Assembly public hearing on the delivery of veteran services and programs is scheduled for October 17.

The Senate Codes Committee will hold public hearings on policing (S3695) on October 17 and October 24.

The Assembly Health Committee will hold a public hearing on youth tackle football, scheduled for October 29.

The Senate Committee on Higher Education will hold a series of public hearings regarding the cost of public higher education. The hearing will take place on October 24, October 28, October 30, and November 1.

The Senate Codes Committee will hold its second public hearing on discovery reform implementation on October 28.

JCOPE will hold its next meeting on Tuesday, October 29.

Joint Senate Task Force on Opioids, Addiction and Overdose Prevention will hold a public hearing to hear from stakeholders on strategies for reducing overdoses, improving individual and community health, and addressing the harmful consequences of drug use on November 15.

The Senate Committee on Mental Health has schedule a public hearing on OPWDD transition to managed care for December 2.