
New York City Hall
What to watch for this week in New York politics:
One of the big stories this week is what is happening in the fight over the city’s fee on plastic and paper carryout bags that is supposed to go into effect February 15 but state lawmakers are moving to block. Both houses of the state Legislature are set to pass legislation stopping the implementation of the nickel-per-bag fee, much to the disappointment of environmentalists, Mayor Bill de Blasio, and City Council members who passed the city legislation.
On Sunday, according to the media advisory of those involved, there was a rally at City Hall during which “Environmental groups and elected officials call for Assembly, Senate and Governor to Oppose Assembly Bill No. 4883 and Senate Bill No. 4158, which would nullify NYC’s Bring Your Own Bag Law -- the City’s thoroughly-vetted, democratically-adopted, easy-to-follow, environmentally-sound, Bring Your Own Bag Law.”
It is unclear how Gov. Andrew Cuomo will act on the legislation. He has kept his thoughts close to the vest, but it will up to him whether to sign or veto the state legislation. There is a chance that if Cuomo were to use a veto, the Legislature would then override it.
Also, on Monday in Albany, “the New York State Senate is expected to take up a comprehensive bill to bring ride-sharing to Upstate communities and improve local economies. The new bill (S4159), sponsored by Senate Insurance Committee Chairman James L. Seward (R-C-I-Ref, Oneonta) provides the framework for ride-sharing companies to expand operations outside of New York City and enable new jobs to be created by offering more safe, reliable transportation options to Upstate residents and visitors.”
Generally speaking, it will be another busy week of budget and other hearings in Albany as the state Legislature evaluates elements of Cuomo’s executive budget, which he released in mid-January, and policy matters like the bag fee and ride-hailing apps like Uber, as mentioned above. There’s also a hearing Monday on raising the age of adult criminal responsibility in New York, one of several ongoing, hot-button issues at the state level.
As always, there's a great deal happening all over the city, with many events to be aware of - see our day-by-day rundown below.
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The run of the week in detail:
Monday
At the City Council on Monday:
The New York State Legislature will be in session on Monday.
At 8:30 a.m. on Monday, the Brooklyn Chamber of Commerce will hold a “Special Congressional Breakfast Forum.” This event will feature the Brooklyn Delegation of the United States House of Representatives. These people “will share their perspectives on the new administration and on the 2017 Congressional session.”
On Monday at 10 a.m., Queens Borough President Melinda Katz and the Queens Borough Board “will hold a public hearing on the Mayor’s Fiscal Year 2018 Preliminary Budget.” This event will take place at Queens Borough Hall, which is on 120-55 Queens Boulevard in Queens. People from the general public are encouraged to testify at this hearing.
On Monday at 1 p.m., there will be a joint legislative budget hearing on mental hygiene at Hearing Room B of the Legislative Office Building in Albany.
At 10:30 p.m. on Monday, the NYC Department of Homeless Services will begin its Homeless Outreach Population Estimate (HOPE) count. This event “is an annual, HUD-mandated, point-in-time estimate to assess the number of individuals chronically living in New York City's public spaces.” This event will kick off at P.S. 116 in Manhattan, and Department of Social Services Commissioner Steven Banks will kick off the event with a training session.
At 11 a.m. on Monday, the Senate Standing Committee on Children and Families and Senate Standing Committee on Crime Victims, Crime and Correction will hold a joint public hearing on “The Age of Criminal Responsibility and its Impact in New York State.” This hearing will take place at Van Buren Hearing Room A which is on the 2nd Floor of the Legislative Office Building in Albany.
At 12 p.m. on Monday, the Senate Standing Committee on Judiciary will hold a hearing “To Consider the Nomination of Rowan D. Wilson for Associate Judge of the New York State Court of Appeals.” This hearing will take place in Room 124 of the New York State Capitol Building in Albany.
Also at 12 p.m. Monday, Mayor Bill de Blasio and NYPD Commissioner James O’Neill will hold a press conference in the Bronx to discuss the latest crime statistics.
At 1:15 p.m. Monday, Assembly Speaker Carl Heastie will hold a news conference on immigration and the DREAM Act at the Capitol in Albany.
At 5 p.m. on Monday, Council Member Ben Kallos and the Department of Sanitation will hold a reusable bag giveaway at Fairway Market on East 86th Street.
At 6:30 p.m. on Monday, the CUNY Graduate Center will hold “Higher Education and Upward Mobility.” Economist Raj Chetty will take on questions such as these--”Which U.S. colleges best help children climb the income ladder? How can we increase access to such colleges for children from low-income families?” Opening remarks will be made by CUNY Chancellor James Milliken, and Professors Philip Kasinitz (Sociology) and Leslie McCall (Sociology and Political Science) will join Chetty in the panel discussion. David Leonhardt of The New York Times will lead the panel discussion.
At 7 p.m. on Monday, feminist.com, the Center for the Study of Men and Masculinities at Stony Brook University, and Road to Market Limited will sponsor “Now What/What Now? The Urgency of an ‘Allies Agenda.’” This event promises to be “an important panel discussion and open conversation about constructing an ‘allies agenda.’” The speakers include human rights activist Jimmie Briggs; Joelle Gamble, the National Director of Network at Roosevelt Institute; City Council Member Dan Garodnick; political consultant and opinion writer Alexis Grenell; and CBS National News Correspondent Michelle Miller. The moderators of this panel are Michael Kimmel, a SUNY Distinguished Professor of Sociology and Gender Studies, and Executive Director at the Center for the Study of Men and Masculinities; and Marianne Schnall, the Author and Founder/Executive Director of feminist.com.
Also at 7 p.m. Monday, the mayor's taped appearance on NY1's Inside City Hall will air.
Tuesday
At the City Council on Tuesday:
The New York State Legislature will be in session on Tuesday in Albany.
On Tuesday at 9:30 a.m., there will be a joint legislative budget hearing on taxes at Hearing Room B of the Legislative Office Building in Albany.
Wednesday
At the City Council on Wednesday:
On Wednesday at 9:30 a.m., there will be a joint legislative budget hearing on human services at Hearing Room B of the Legislative Office Building in Albany.
On Wednesday at 10 a.m., the Assembly Standing Committee on Codes; the Assembly Standing Committee on Judiciary; and the Assembly Standing Committee on Oversight, Analysis and Investigation will hold a joint oversight hearing on “government oversight of forensic science laboratories.” This event will take place in the Assembly Hearing Room, which is at 250 Broadway, Room 1923, on the 19th Floor, in New York.
At 6 p.m. on Wednesday, City Council Member Jumaane Williams will hold “State of Immigration State of Emergency.” At this event, “attendees will learn about immigration policy changes under President Donald J. Trump and how to prepare.” Williams, State Senator Kevin Parker, State Assembly Member Rodneyse Bichotte, and District Leader Josue Pierre will all be at this forum.
At 6:30 p.m. on Wednesday, the Museum of the City of New York will hold “Divided in a Diverse City.” At this event, “New York Times journalist Nikole Hannah-Jones and NYC Council Member Brad Lander examine the value of “diversity” and the realities of racial segregation in New York City today.”
At 6:30 p.m. on Wednesday, the NYC Civilian Complaint Review Board will hold a board meeting.
At 7 p.m. on Wednesday, there will be a Town Hall in Bedford Stuyvesant with Mayor de Blasio. This Town Hall will also be presented by City Councilman Robert Cornegy, Jr., Brooklyn Borough President Eric Adams, Congressman Hakeem Jeffries, State Assemblywoman Velmanette Montgomery, and State Assemblyman Tremaine Wright. The event will be at P.S. 23, which is at 545 Willoughby Avenue.
Thursday
At the City Council on Thursday:
At 8:30 a.m. on Thursday, the Queens Chamber of Commerce will have DSNY Commissioner Kathryn Garcia discuss Mayor de Blasio’s “One New York.”
On Thursday at 9:30 a.m., there will be a joint legislative budget hearing on housing at Hearing Room B of the Legislative Office Building in Albany.
At 10 a.m. on Thursday, the New York City Industrial Development Agency (NYCIDA) will hold a public hearing.
At 10 a.m. on Thursday, the NYC Campaign Finance Board will hold a public meeting. This will take place at at 100 Church Street, on the 12th Floor.
At 12 p.m. on Thursday, the New York City Bar will hold “Over the Rainbow: Ending Mass Incarceration - Fewer Inmates and Better Prisons.” David Yassky, a former member of the New York City Council and Dean at Pace University School of Law; and Michael Mushlin a professor at Pace University School of Law will speak at this event.
At 5 p.m. on Thursday, the John Jay College of Criminal Justice will hold an event with Mayors Against Illegal Guns. This event will feature a panel discussion with Q&A. The panelists include Kansas City, Missouri Mayor Sly Jones, Rochester Mayor Lovely Warren, and Syracuse Mayor Stephanie Miner. The moderator will be Bill Keller of The Marshall Project.
At 6 p.m. on Thursday, City Councilman Antonio Reynoso will hold his State of the District Address. People can RSVP through this link.
At 6 p.m. on Thursday, Assemblywoman Rodneyse Bichotte will deliver her State of the District Address. She will deliver her address at the Brooklyn College Student Center (SUBO), which is located on Campus Road and East 27th Street, 6th Floor.
At 6 p.m. on Thursday, the Manhattan Institute will hold “Supreme Court At A Crossroads: Judicial Engagement VS. Judicial Restraint: What Should Conservatives Prefer?” This event will be a debate between “those who support a more engaged judiciary that vigorously enforces enumerated as well as unenumerated constitutional rights to overturn state and federal legislation and those who believe in a judiciary that takes a more limited view of the constitutional text.” The speakers at this event will be Clark Neily, Senior Attorney, Institute For Justice; and Mark Pulliam, Lawyer And Contributing Editor, Library Of Law And Liberty; Contributor, City Journal. These two speakers will provide differing views in what a conservative should want out of a pick for the Supreme Court.
At 6 p.m. on Thursday, the Urban Land Institute of New York will hold “YLG Signature Panel: Zoning The City.” At this event, the topics include “affordable housing, the East New York Rezoning, the Midtown East Rezoning, and how zoning might resolve some of the city’s greatest challenges.” The speakers will include Gail Benjamin; Carl Weisbrod, Chair of the New York City Planning Commission; Elise Wagner, Partner of Kramer Levin Naftalis & Frankel LLP; Vishaan Chakrabarti, Founder of Practice For Architecture And Urbanism (PAU); and David Brown, Director of Real Estate at the Archdiocese of New York.
At 7 p.m. on Thursday, the office of Manhattan Borough President Gale Brewer will hold an “East Side L Train Workshop.” This workshop will brainstorm ideas of how to deal with the reality of a shutdown of the L Train on the 14th Street Corridor in 2019.
Friday and the weekend
At 8:15 a.m. on Friday, there will be a CityLaw Breakfast with Fidel Del Valle, Commissioner and Chief Judge of the Office of Administrative Trials and Hearings (OATH).
On Friday at 3 p.m., the Center for Community and Ethnic Media will hold a Q&A with Small Business Services Commissioner Gregg Bishop. At this event, “Commissioner Bishop will focus on his department’s major initiatives such as outreach to M/WBEs about city contracting opportunities, services available to help small business owners launch and grow, partnerships with business improvement districts, industry partnerships to help support growth in the local economy, and recent work with small business owners impacted by enhanced security near Trump Tower.”
At 2 p.m. on Sunday, Manhattan Borough President Gale Brewer will deliver her “State of the Borough.” The theme of this event is “Get involved in the new era of activism!” This event will include remarks from Borough President Brewer, a panel discussion, and a Manhattan Activist Fair.
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Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).
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by Brendan Birth and Ben Max
@GothamGazette @tweetBenMax

De Blasio in Albany (photo: Michael Appleton/Mayor's Office)
Governor Andrew Cuomo released his $152.3 billion Executive Budget plan on January 17, with funding and policy proposals that stand to have significant impact on New York City. The governor’s budget is a starting point for legislative hearings and negotiations, with a fiscal year 2018 budget due by the April 1 start of the next state fiscal year.
After he and his team had some time to analyze the governor’s new spending plan and policy proposals, Mayor Bill de Blasio drove to Albany Monday for his annual budget testimony in front of the joint budget committee of the state Senate and Assembly. Before answering a wide variety of questions from state legislators, de Blasio gave an opening statement, in which he presented his on-the-record response to Cuomo’s executive budget plan in terms of what it means for New York City and his own agenda.
De Blasio’s appearance did not have as dramatic a prelude as last year, when Cuomo had proposed nearly $1 billion in Medicaid and CUNY cost shifts to the city that angered de Blasio and became the focus of intense, ultimately successful, efforts to reverse before a state budget was passed.
This year, the mayor offered another, albeit less pointed, mixed review of the governor’s budget. He praised components like the extension of the millionaires’ tax, promise of tuition-free city and state college for middle-class students, voting reforms, and increased state contribution for Medicaid costs. But, de Blasio raised concerns about Cuomo’s reworked 421-a proposal meant to spur affordable housing development, as well as several cost shifts totaling more than $100 million involving foster care, senior and special education services, pre-kindergarten, charter schools, and more.
“There are several cuts in the State Executive Budget that are going to have an effect on thousands and thousands of New Yorkers,” de Blasio said at Monday’s hearing. “These cuts include, first of all, $32.5 million through Fiscal ‘18 for public health programs, chipping away at the long history of State partnership in health funding in areas including disease control and emergency preparedness.”
While de Blasio’s testimony touched on a variety of budget related matters, the question-and-answer session that followed often veered into other categories, notably the coming city fee on takeout plastic and paper bags. There were several Cuomo proposals of great significance to New York City that were given minimal, if any, discussion at the hearing.
Cuomo’s budget will not be passed through the Legislature without changes, and de Blasio’s efforts to influence the adopted state budget will now largely rely on Assembly Speaker Carl Heastie, a Bronx Democrat who has been the mayor’s most important Albany ally over the last two years.
As outlined, Cuomo’s budget provides New York City a “net positive impact” of $279 million for the coming fiscal year, according to the governor’s financial plan. In total, an additional $400 million above the current year would be sent to New York City from Albany, thanks in large part to a $294.9 million school aid bump, the state picking up some Medicaid growth costs, and $40.6 million in revenue from a proposed sales tax on internet companies, like Amazon and Etsy. These added potential investments are offset by the $100 million-plus in proposed cuts and cost shifts to a variety of city departments and initiatives, according to the mayor’s estimates.
“The cost shifts were really the story for last year’s budget, though it didn't really come to fruition,” said David Friedfel, director of state studies at the Citizen’s Budget Commission. “In comparison, this year, the governor proposed a much more benign executive proposal.”
Rather, this year’s issues for de Blasio are the variety of smaller cuts and cost-shifts, as well as Cuomo’s 421-a proposal, another extension of mayoral control of city schools, which de Blasio hopes will be done this year through the budget, not afterward, and several other items like permission for the city to use design-build contracting.
One other key concern about Cuomo’s new plan -- raised by Comptroller Scott Stringer at Monday’s hearing in testimony following de Blasio’s -- is that it grants the state unilateral power to change the budget mid-year in the event that federal funding shifts suddenly. For example, if President Donald Trump follows through on his threat to defund so-called sanctuary states and cities like New York.
"I would urge you, the Legislature, to reject such an approach that would bypass this body, and do tremendous harm to cities and counties throughout the State,” Stringer said to legislators during his testimony. “I would also ask you to reject cost shifts for foster care, public health, and special education that single out New York City," he added.
An official from the state budget division told Gotham Gazette that such budget decision-making “flexibility” is necessary in the wake of uncertainty wrought by President Donald Trump’s administration and that the ability for the executive to manage mid-year deficits has been supported by rating agencies and good governance groups. Federal funding totalling $52 billion accounts for nearly one-third of the state’s anticipated operating budget, the official said.
The state official noted that the allocation of any reduction in federal support would be made uniformly across a broad set of appropriations so no program is specifically targeted.
Mayor de Blasio recently outlined his own $84.67 billion preliminary city budget for fiscal year 2018, which, for the city, begins July 1. It forecasts $14.5 billion in state grants and about $7 billion in federal grants. De Blasio did not account for potential federal cuts, saying it is too early to tell what the Trump administration and Republican-controlled Congress will do.
While legislative leaders and Gov. Cuomo will debate the mid-year adjustment proposal and all other aspects of the budget, the governor’s spending and policy plans will, as always, heavily influence the final outcomes. There are significant implications for New York City on affordable housing, education, infrastructure, health care, transportation, and more. As budget hearings continue in Albany and negotiations among stakeholders including Mayor de Blasio heat up, there are eight major takeaways so far:
1. Tuition-free College
The crown jewel of Cuomo’s 2017 agenda is his promise of tuition-free college for middle class New Yorkers at city and state schools. The proposal, which seeks to build on the reduced tuition and financial aid available to low-income New Yorkers to attend CUNY and SUNY schools, was the topic of Cuomo’s first State of the State rollout event and of the state Legislature’s first budget hearing.
The plan, which Cuomo’s office projects to cost the state an additional $163 million in tuition coverage, includes undocumented immigrant students, or “Dreamers,” who have been the focus of intense debates in Albany for several years. Senate Republicans, who control that chamber, have not been supportive of the Dream Act, which Cuomo’s tuition proposals more-or-less incorporates into a larger plan, making undocumented students eligible for education aid.
Cuomo’s proposed “Excelsior Scholarship” would provide tuition-free city and state university for students from households earning up to $125,000 a year. The proposal could incentive and help thousands more New York City students attend CUNY or SUNY tuition-free.
The joint Senate and Assembly budget hearing on higher education, which saw testimony from the CUNY and SUNY chancellors, included concerns that a proposed requirement that students take 15 credits per semester to be eligible for the Excelsior Scholarship would be too rigid.
Another critique came from CBC’s Friedfel. “Essentially, the [$163 million] cost estimate is probably too low and we’re apprehensive about whether the SUNY and CUNY system is prepared for the influx of students,” he said.
During his testimony, De Blasio praised the scholarship program and the governor’s support for the Dream Act.
“In terms of education, the City of New York certainly appreciates deeply that the new Excelsior Scholarship Program – when added to existing tuition assistance programs promises to further ease tuition costs for low-and middle-income students in our state,” said de Blasio. “We are also gratified to see continued support for the Dream Act, which is particularly important at this moment in history.”
2. Pre-K to 12 Education
In other education matters, the governor again proposed a three-year extension of mayoral control of city schools and is proposing a statewide school aid increase of nearly $1 billion for the 2017-18 school year. Of the $961 million aid increase Cuomo has outlined, New York City schools would receive an aid increase of $294.9 million, a percentage of new funding that is roughly in line with the city’s proportion of students.
Cuomo said the $1 billion would be paid for by extending the state’s “millionaire's tax” for another three years. The surcharge on the highest-earning New Yorkers, many of whom live in New York City, pulls in about $4 billion annually, and is due to expire December 31. “If you don’t have the millionaire's’ tax, that is a $4 billion hole,” Cuomo said during his mid-January budget briefing.
At Monday’s hearing, de Blasio told state legislators that mayoral control of schools should be given a multi-year extension. De Blasio has received consecutive one-year extensions of mayoral control, moves that are apparent insults to the mayor largely sought by state Senate Republicans.
De Blasio also called on the state to increase its education aid to the city further, and he cited the Campaign for Fiscal Equity settlement, the source of much debate about how much education money the state “owes” the city.
“The city is doing its part,” de Blasio said Monday. “Since 2008, the city’s share of education spending has increased from 49 percent to 57 percent, while the state share has declined from 41 percent to 37 percent. The state shortfall is currently $1.6 billion.”
Many concerns have been raised over how state education funds are distributed. The Citizens Budget Commission, for example, is calling for reforms to the Foundation Aid formula, which it says is based on outdated data and metrics, in order ensure more funding is directed to high-need districts. The governor is looking to do away with foundation aid.
De Blasio made sure on Monday to push back against Cuomo’s proposed cuts in per-child funding for the city’s universal pre-kindergarten program -- a $34 million burden, according to the mayor’s estimate, and shifted responsibility for some charter school costs.
“The State has made a giant leap forward of the last years in supporting pre-K. But this proposal and this proposed cut is a leap backwards and counter to all the progress that we’ve made with your partnership in ensuring that 70,000 four year olds had full-day high-quality pre-K program,” said de Blasio. “This rate cut should not go forward.”
Additionally, de Blasio said, “the State is proposing to increase and shift charter school costs it has been paying previously. The proposal strips State support away from charter schools and transfers the cost to school districts abruptly and to an exorbitant degree. For New York City alone this would mean $198.3 million less funding for our schools.”
3. Millionaires’ & Mansion Taxes
Gov. Cuomo says a three-year extension of the millionaire's’ tax, set to expire this year, is crucial to maintaining the state’s operating budget. Currently, anyone earning more than $2.1 million a year pays a state rate of 8.82 percent. If the tax is not renewed, that rate drops to 6.85 percent -- the same rate taxpayers making $40,000 contribute.
The extension of the millionaires’ tax has been praised by progressives, though some, including Mayor de Blasio and Assembly Democrats, say it should go further. Last week, Assembly Speaker Carl Heastie, who says Cuomo’s budget doesn’t provide enough funds for education, proposed a more progressive version of the tax, introducing additional tax brackets for the mega wealthy who earn more than $5 million, $10 million, and $100 million a year.
Senate Republicans, who oppose the millionaires’ tax, slammed the Assembly Democrats’ proposal, arguing it will drive business owners from the state. “I want to drive people into the state,” Senate Republican Majority Leader John Flanagan told The Daily News. “I think raising taxes is absolutely the wrong way to go. I think that is bad economic policy at this time and I think it will drive people who have affluence and who have companies right out of the State of New York."
In his testimony Monday, de Blasio said he not only wants to see the state expand the millionaires’ tax, but that he wants an additional “mansion tax” -- a surcharge on homes sold for $2 million or more -- a plan that drew immediate scoffs from Senate Republicans.
Senator Catherine Young, a Republican from Chautauqua and Allegany Counties who chairs the Senate finance committee and co-chairs legislative budget hearings, expressed her dismay with the mayor to WCNY radio’s Susan Arbetter. “It was amazing to me to hear Mayor de Blasio come in yesterday and push a new tax - a mansion tax,” Young said on The Capitol Pressroom. “This has to end somewhere,” she said, referring to New York taxes.
Flanagan, who met de Blasio on Monday after the mayor testified, told State of Politics that the mansion tax is “a non-starter” and that it did not come up in his conversation with de Blasio.
On the other hand, while Young told Arbetter that Senate Republicans would like to let the millionaire’s tax expire, she said extension will be looked at. Flanagan has said similarly.
4. Incentivizing Affordable Housing Development
Cuomo’s rebranded 421-a, called Affordable New York, is projected to spur 2,500 units per year of affordable housing in New York City. Always controversial, 421-a is a property tax exemption program that incentivizes developers to build mixed-income rental housing in some of the city’s most expensive neighborhoods (Manhattan and parts of Brooklyn and Queens.) The old 421-a program, almost universally seen as flawed, expired at the end of 2015 when an extension agreement designed by de Blasio faltered after Cuomo said it was too good for developers and not good enough for labor.
The program has been in limbo since, with fits and starts of negotiation, de Blasio moving ahead with other aspects of his affordable housing plan, and Cuomo promising to do more about affordable housing.
Cuomo’s new plan meets his requirements for labor provisions, more affordable units, and extended terms of both rent caps on the apartments created and the accompanying property tax break.
“It has been signed off by the real estate community and the labor unions. We call it ‘Affordable New York,’” Cuomo told John Catsimatidis on his Sunday morning radio show. “It is actually in my opinion a better program than the old 421-a. This has increased the length of affordability to 40 years, and it’s actually made it more affordable for people to qualify.”
Critics, including the de Blasio administration, say Cuomo’s proposal will cost taxpayers a lot more than a version proposed by the mayor last year. De Blasio’s program from 2015 had a per-unit subsidy of $421,700 and would have produced 25,500 apartments over 10 years, while for the state’s proposal, the per-unit subsidy tallies up to $544,300 and would produce 21,750 affordable apartments over 10 years, according to de Blasio administration estimates.
“In other words, more than $100,000 per-unit above the cost of our proposal with less affordable housing,” de Blasio said on Monday.
The governor’s office maintains that Cuomo’s proposal provides more affordability for tenants and fairer wages for workers, but keeps the cost of the program from the original 2015 law largely intact. Any additional expenses are “minimal, won’t occur for 26 years, and are worth it,” a state budget spokesperson said.
Negotiations over the program are likely to be among the most contentious of the next several weeks before a budget deal is reached. Over several years now, 421-a has been one of the central issues at the heart of the Cuomo-de Blasio feud.
5. Indian Point Shutdown
The nuclear power plant, situated 35 miles from Manhattan on the banks of the Hudson River, has been polluting nearby waterways and sparking fears of a potential nuclear disaster for years. One nuclear reactor will be shut down by April 2020, while the other must be closed a year later, Cuomo has announced. The governor had been working on a deal to shut the plant for years, finally announcing one earlier this year as part of his State of the State rollout.
One concern with closure is finding a clean energy source to replace Indian Point. New York City and Westchester County residents account for one quarter of Indian Point’s power consumers, reports the New York Times. The plant’s shutdown would impact electric rates in the New York City area, though state officials said the increases would be “negligible,” adding about $3 a month to bills. Westchester County official and unions expressed concern about the loss of jobs. Nearly 1,000 workers are employed full-time at the plant and about 550 are unioned. Cuomo has said all employees would be offered work elsewhere.
6. Public, Affordable & Supportive Housing
The governor’s budget plan again earmarks $20 billion to create or preserve 100,000 units of affordable housing and 6,000 units of supportive housing over the next five years, beginning in 2017.
The governor said he has directed his budget director, Robert Mujica, to execute a memorandum of understanding (MOU) will legislative leaders to release nearly $2 billion in funding to advance the creation of these units. The first $2 billion of the $20 billion plan was allocated last year, but most of it has remained unspent because an MOU is needed and hasn’t been signed. Cuomo said that Senate Republicans have been holding up the MOU until a new 421-a deal was in place, and Assembly Democrats are said to be pushing for more money to go toward NYCHA.
Funding Cuomo has outlined includes $3.5 billion in capital resources, $8.6 billion in State and Federal tax credits and other allocations, and $8 billion to support the operation of shelters and supportive housing units and to provide rental subsidies. Combined with a previously approved MOU for a small portion of the $2 billion, the budget appropriates additional capital resources for a variety of affordable and supportive housing investments.
This includes up to $1.4 billion for new units across the state; up to $100 million for state-approved NYCHA projects; up to $565 million for preserving affordable units and “creating a large-scale financing program that specifically supports assets like public housing authorities in upstate communities”; $100 million for Mitchell-Lama properties; up to $54 million toward homeownership aid and incentives; and up to $10 million toward continued neighborhood revitalization investments.
Affordable housing advocates and providers have been protesting the governor, calling on him to do more to release housing funds so that new projects can begin. Meanwhile, Mayor de Blasio and city housing officials have been frustrated with the slow pace at which money allocated for NYCHA repairs has been spent.
7. Transportation Infrastructure
Having just celebrated the opening of phase one of Manhattan’s long-awaited 2nd Avenue subway, Gov. Cuomo announced several ongoing and new infrastructure investments for New York City. While these capital projects do not fall under the operating budget, many of them are designed to enhance transportation options for New York City residents, commuters, and tourists.
As Cuomo often likes to boast, more than $100 billion in ongoing infrastructure projects are underway across the state — including construction of a new Tappan Zee Bridge, expected to open in 2018; a new LaGuardia Airport; a new Pennsylvania Station-Farley Complex; a 1.2 million square foot expansion of the Javits Convention Center.
In addition, the governor announced plans to move forward with the following projects in the coming year:
Kennedy Airport. For the coming fiscal year, Cuomo outlines $564 million towards $1.5 billion in spending by DOT to improve the roadway congestion leading to JFK. The MTA and Port Authority will also evaluate two proposals: expanding JFK AirTrain service and exploring the possibility of creating a “one-seat” subway ride to the airport.
Penn Station. The State is investing $700 million to leverage a total of $3 billion for the transformation of the James A. Farley Post Office building into a new train hall for the station.
Long Island Railroad. The governor also plans to invest $120 million for the LIRR—to provide state-of-the-art enhancements to 16 stations and improve system connectivity.
MTA. The 2015-2019 MTA transit capital plan includes $28 billion in investments, including city and state funds, with the state continuing to contribute a larger share than the city.
Empire State Trail. One of Gov. Cuomo’s favorite new proposals is to create one continuous trailway through the Hudson Valley and Adirondacks from New York City’s Hudson River Greenway, which runs 11 miles along the Upper West Side of Manhattan, up to the Canadian border and along the Erie Canal from Albany to Buffalo. It would be the largest single-state multi-use trail network in the nation, attracting new tourists to explore New York’s diverse landscapes and rich history, according to Cuomo, who included $53 million for phase one of the plan in his executive budget.
8. Cutting & Shifting Costs
Gov. Cuomo has proposed more than $100 million in cuts and cost shifts to New York City, primarily related to placement of foster children and special education services, according to Cuomo’s 2017-2018 financial plan.
Mayor de Blasio emphasized the importance of suring up public health funding to the city, which accounts for 58 percent of Medicaid enrollees across the state.
According to Cuomo’s budget proposal, New York City also stands to lose $50 million in Medicaid funding unless the de Blasio administration comes up with a plan by June 30 to produce $100 million in available federal funding (or city cutbacks) for preschool and school supportive health services, reports Politico New York.
The city would have six months to coordinate with the state’s health commissioner and the Trump administration to generate the $100 million in savings, according to the executive budget. If the city does not come up with the required savings, “DOH will have the authority to reduce Medicaid Administration payments to the City,” according to the budget proposal.
While Cuomo is looking to move some costs to the city and push the city to bring in more federal Medicaid dollars, on one increasingly popular measure meant to help New York City save billions, Mayor de Blasio noted a “glaring and inexplicable omission” in Cuomo’s executive budget. The city is seeking state permission to use “design-build” contracting, which allows a more efficient process of hiring contractors for major infrastructure projects. It is something the state has been using more often that Cuomo regularly touts as a money and time saver.
“If the city also had access to this tool, similar benefits would be realized,” de Blasio said during his Albany budget testimony. “Our capital agencies have identified $7.3 billion in projects, with around $450 million in immediate savings. If the rest of New York State has access to design-build, New York City certainly should as well as a matter of common sense.”
Though design-build is widely used throughout the United States, in New York there are legislative hurdles to overcome, and the program has seen opposition from labor unions. Currently, the law only allows select state agencies to use it.
Presumably because of pushback from the Assembly, which is dominated by Democrats from New York City who feel pressure from unions, Cuomo has only favored design-build for certain state agencies and counties outside of New York City.
A spokesperson for Cuomo’s office said the governor is a proponent of design-build and he is open to discussing a statewide expansion. “The governor is a strong supporter of design-build which has successfully delivered large-scale infrastructure projects, saving time on project completion and taxpayer money. In the past, there has been resistance to the expansion of design-build statewide, but we look forward to discussing it during the budget process,” said Cuomo transportation spokesperson Jon Weinstein.
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by Rachel Silberstein, State government reporter, Gotham Gazette
@RachelSilby @GothamGazette

Sheldon Silver & others in 2011 (photo: The Governor's Office)
This November, New York voters will get to decide whether state officials who are convicted of public corruption can be stripped of their pensions.
A government ethics reform bill, jointly passed by the state Legislature Monday for a second time, amends the state constitution and allows the state to reduce or revoke the pension of a public officer that has been convicted of a crime related to his or her official duties.
Under the measure, a public officer convicted of a crime would be subject to a court hearing, which would determine the fate of of the officer’s pension. Current law only allows pensions to be stripped from lawmakers convicted of a crime who joined the retirement system after August 15, 2011, but this constitutional amendment would make the forfeiture apply retroactively to all currently in government.
Because it is a constitutional change, it must pass two consecutive classes of the state Legislature, which this legislation has now done, and then be approved by the voters via ballot referendum.
A public push for the legislation came after it was revealed that disgraced ex-Senate Majority Leader Dean Skelos and ex-Assembly Speaker Sheldon Silver, as well as other corrupt public officials, were granted pensions despite convictions on public corruption charges. As they face prison sentences, Skelos is to receive $95,832 annually and Silver, $79,224 a year, according to The Daily News.
While many state legislators’ initially appeared content to keep the pension (forfeiture) system as is, a public outcry following news reports on the Skelos and Silver pension packages appears to have changed their minds. A 2015 Quinnipiac University poll found that voters supported pension forfeiture for corrupt officials 76 percent to 18 percent.
The new pension forfeiture measure will appear on the ballot November 7 of this year, as voters go to the polls for the general elections in a variety of local offices. In New York City, elections will include those for mayor, public advocate, comptroller, borough presidents, all of the City Council, and others.
On the flip side of the ballot from candidate choices, alongside the pension forfeiture “yes” or “no” question, will be another somewhat related referendum: whether New York State should call a constitutional convention. That question is required to appear on the ballot every 20 years, but New Yorkers have not called for a Con Con, as it is often referred, in several decades.
A chance to rewrite the state constitution, a constitutional convention could result in the enactment of numerous government ethics reforms, from different pension forfeiture rules to the closure of the infamous “LLC loophole,” term limits for elected officials, and more.
The last time a constitutional convention was on the ballot, in 1997, it did not pass, in part due opposition from labor groups and other special interests, which factor into this year’s vote as well. However, not only is there currently a “take back the government” political moment occurring, but the fact that the constitutional convention question will be accompanied by the popular pension forfeiture referendum could potentially have a “coattail effect,” according to Blair Horner, executive director of the New York Public Interest Research Group (NYPIRG).
“From an advocate’s perspective, I think this makes it easier to get it passed,” Horner said of Con Con. “Any sort of political campaign is difficult to run, when you are telling people vote “yes” on one and “no” on the other, because people forget which is which.”
According to the new measure, a court’s decision to reduce or revoke pension benefits would consider factors such as the severity of the crime and whether a reduction might be proportionate to the offense. Public officers include elected officials, direct gubernatorial appointees, municipal managers, department heads, chief fiscal officers, and policy-makers.
“There must be zero tolerance for public corruption, and these ethics reforms are crucial to holding officials accountable and making sure they don’t profit from abusing their positions,” said Senate Majority Leader John Flanagan in a statement. “Now the measure will go to the voters so that they can have the opportunity to join with us in taking a strong stand against corruption.” Flanagan, a Long Island Republican like his predecessor, replaced Skelos as majority leader when Skelos stepped down amid federal charges.
Assembly Speaker Carl Heastie, a New York City Democrat who replaced Silver when Silver stepped down from his long-time speaker post, said similarly. “The Assembly Majority believes that public officials who violate the public’s trust and engage in corruption should face the consequences of their actions including the forfeiture of taxpayer funded pensions,” said Heastie in a statement.
The proposal, sponsored by Assemblymember David Buchwald, a Westchester Democrat, and Senator Thomas Croci, a Republican from Long Island, would also allow the court to order pension benefits to be paid to an innocent spouse, minor dependents, or other dependent family members after consideration of their financial needs and resources.
Good government groups were quick to commend the Legislature’s reform efforts as a step in the right direction. Still, the potential loss or reduction of pension benefits -- a punitive measure -- is less likely to deter corruption than more preventative measures that reformers have called for, like a public campaign finance system and stricter limits on campaign donations. Jail time and other penalties faced by corrupt politicians have appeared to show little effect as state lawmaker after state lawmaker is put behind bars.
“Public officials who break the law shouldnʼt get a taxpayer pension, period. Thanks to Assemblymember Buchwaldʼs and Senator Crociʼs persistent efforts to pass this needed response to our state’s on-going ethics crisis, New York is one step closer to restoring the public’s trust in government,ˮ said Susan Lerner, Executive Director of Common Cause New York, in a statement.
The Legislature also passed a joint resolution Monday that requires any member of the Legislature earning at least $5,000 in income through outside employment to get advisory permission from the Legislative Ethics Commission, to ensure the employment is consistent with the New York State Public Officers Law.
Governor Andrew Cuomo outlined a ten-point government ethics plan earlier this year as part of his State of the State tour and policy plan. Cuomo said he will be pushing reform measures, including campaign finance reform, in budget negotiations with the Legislature. The governor is supportive of the pension forfeiture amendment and has said he is supportive of a constitutional convention, but he did not include it in his 149-plank 2017 policy agenda.
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by Rachel Silberstein, State government reporter, Gotham Gazette
@RachelSilby @GothamGazette