Gotham Gazette https://www.gothamgazette.com/component/tags/tag/638 Sun, 25 Aug 2019 00:51:33 +0000 Joomla! - Open Source Content Management en-gb webmaster@gothamgazette.com (Webmaster) 10 Burning Questions After Cuomo’s State of the State and Budget https://www.gothamgazette.com/state/8242-10-burning-questions-after-cuomo-s-state-of-the-state-and-budget-2 https://www.gothamgazette.com/state/8242-10-burning-questions-after-cuomo-s-state-of-the-state-and-budget-2 cuomo legistlation pro

Gov. Cuomo with Lt. Gov. Hochul & legislative leaders (photo: Mike Groll/Governor's Office)


Governor Andrew Cuomo, a third-term Democrat, delivered his State of the State speech earlier this month, laying out his proposed $175.2 billion executive budget for the 2020 state fiscal year that begins April 1. Calling it his “justice agenda,” Cuomo unveiled a long list of proposals, some new and many rehashed, expressing confidence that full Democratic control of the state Legislature would allow for a slew of sweeping policy victories that had been denied by years of Republican obstruction in the upper chamber. In the two weeks since then, the Assembly and Senate have indeed advanced several bills -- some of which the governor has quickly signed -- to reform the state’s voting laws, protections for the LGBTQ community, reproductive health rights, and criminal justice system.

The budget gap for next fiscal year, which begins April 1, is about $3.1 billion, lower than the one the state had to cover last year. Cuomo has proposed a 3.6 percent increase in spending each for healthcare and education, the two largest buckets in the budget. Under Cuomo’s plan, which will now be the subject of negotiations with the Legislature, the health care budget would increase by about $700 million, reaching $19.6 billion, and education spending would increase by $1 billion, for a total of $27.7 billion. The governor has also proposed a new education funding formula that he calls “Education Equity,” which would redistribute funds to the poorest schools in the poorest districts, he says, and will be a central element of budget discussions.

[READ: 15 Notable Cuomo Proposals Not In His State of the State Speech]

There’s a great deal to be hashed out, both in terms of policy and the state budget, in the next three months, including stakeholders beyond the governor and legislators, such as advocates, service-providers, local officials like Mayor Bill de Blasio, and others. Though the governor finds himself largely allied with the Legislature on broad progressive priorities, there are areas of disagreement, small and large, and details to be worked out on a host of complicated policies.

Now that Cuomo has framed the discussion with his policy and budget plans, the Legislature is fast at work passing bills and others around the state are pushing their agendas, here are ten of the outstanding questions for the upcoming Legislative session and budget:

1. Will the state stick to a 2% cap in spending increases?
Cuomo is fond of touting his administration’s fiscal discipline and his self-imposed 2 percent cap on increased spending each year. But it’s become a tradition for him to use maneuvers that move spending off the state budget to help mask the actual uptick in spending.

“One of the things that we noticed was that the governor again purports that this keeps state spending at 2 percent,” said Dave Friedfel, director of state studies at Citizens Budget Commission, a nonpartisan watchdog, said of the governor’s executive budget plan, “and it looks like it’s closer to 3 percent. It’s probably a touch more, based on some quick adjustments that we could see right away where money was moved out of state operating spending in a budget year but not in the current year for the calculation.”

2. Will the state put away more money in reserves?
The state would have just $2.3 billion in rainy day funds based on Cuomo’s budget, a pittance compared to the $175 billion in planned spending and an amount that would be insufficient for the state to survive an economic downturn if one should occur without major spending cuts and/or tax increases. The state, and the country at large, is reaching the tail end of the second-longest economic expansion in history and most experts say it will not last too much longer.

“The tide will turn eventually,” Friedfel said. “It’s a matter of how severe that recession is going to be. So we were hoping to see more deposits to the state’s rainy day funds.” Friedfel praised the governor’s proposal to put $500 million more into reserves over the current and upcoming fiscal years but said it wouldn’t be strong enough. “In the absolute best case scenario, [based on] the last three recessions, you could expect to see a revenue shortfall of $20 billion over four years and right now the state’s rainy day fund, even with the governor’s deposit is gonna have $2.3 billion,” he said.

Experts like Friedfel have pointed to California, a similarly high-tax and high-spending state, as a model to follow since that state has put away nearly 10 percent of its operating budget into reserves -- the California rainy day fund is expected to reach $15.3 billion by next year.

3. What will congestion pricing look like?
Cuomo has embraced congestion pricing -- tolling traffic into the Manhattan business district south of 60th Street -- as a crucial method to fund the MTA (and help reduce traffic). At his State of the State, he said the proposal could bring in as much as $15 billion over ten years. But he gave few details of what he believes the program should look like and his budget similarly does not outline exact tolls or methodology.

For elected officials in New York City and its suburbs, congestion pricing is far from a settled idea (there is also concern upstate about transportation funding). New York City Mayor Bill de Blasio has repeatedly emphasized that he would prefer a millionaire’s tax to fund the MTA, and has hemmed and hawed about an ideal congestion pricing plan, while lawmakers in outer boroughs have raised concerns that the program will hurt the pockets of their constituents. However, support for congestion pricing has grown significantly over the last few years, and Cuomo appears committed to passing some version of the program.

Still, there are many questions to answer as a scheme is crafted.

“But I think the bigger question too is, the city runs the roads and bridges that will generate this revenue, so how much of the money will go back to maintaining these roads and bridges?,” said Nicole Gelinas, senior fellow at the Manhattan Institute, a think tank. “That’s something the city really has a stake in. You wouldn’t want to see the city having to pay hundreds of millions of dollars to rehabilitate these bridges every few decades and then they’re generating money that only goes to the MTA.”

The governor's proposal, as Gelinas pointed out in a column for the New York Post, would give the Triborough Bridge and Tunnel Authority, which falls under the MTA, the ability to take over city streets, sidewalks, roads, bridges and tunnels to build the infrastructure to implement congestion pricing. In effect, it would put city infrastructure under the control of the state which could potentially, Gelinas warned, use that power to demolish bike lanes and pedestrian-friendly spaces and create more space for cars. "This would be a huge deal even if the state were offering something in return: a bigger say over how the MTA spends our money," she wrote. "Instead, Cuomo has said that he’d like more control over the MTA. More money from the city — and more dominance over its future."  

4. Will the governor and Legislature force New York City to split MTA costs with the state?
The governor has suggested that any shortfalls in capital funding for the MTA, after congestion pricing revenues are accounted for, should be split 50-50 between the city and state. He dubiously argued in his speech, as he has before, that he doesn’t control the MTA and that the city is legally responsible for funding subway and bus system capital needs. “And it is worth splitting the cost with New York City, to make the investment we should've made for decades to keep that transportation system vital,” he said, indicating that he could leave it entirely to the city.

Mayor de Blasio disagreed with the governor’s contention, and pushed back against his suggestion that the city had funded the majority of capital plans in past decades. But the mayor may have no choice in the matter if the governor and Legislature force his hand through law, as they did last year in compelling the city to fund half of the $836 million Subway Action Plan put into motion to arrest the rapid decline of subway service over the last few years.   

“On the MTA, it’s going to be very difficult negotiations to start off from here,” said Gelinas of the Manhattan Institute. “It’s hard to see the city going along with having to pay a much bigger portion of the MTA capital budget without having some kind of greater say in what happens at the MTA. The governor seems to want to go in the opposite direction with giving the state a bigger say, although it’s not really clear.”

In the weeks since the speech, Cuomo has repeatedly criticized the very management that he has appointed at the MTA while arguing that it should be restructured to give him more control, though he effectively already has near-absolute power over it.

“I think it’s a little disturbing that he would tie the rest of the existing [2015-2019] capital plan money for the MTA to all of this reform because that’s money that was already promised,” Gelinas added. “They’re already bidding out contracts based on that money. If you’re gonna say that $7.3 billion won’t be available unless we completely restructure the MTA, not only then do you have to worry about the future capital budget but now he’s sort of creating a big hole in the current MTA capital budget...It would be really hard to conceive of an MTA where the city, the suburbs, they’re still providing this money...but they don’t have say over the major capital projects that the MTA embarks on.”

5. What will Cuomo’s new education funding formula look like?
Cuomo proposed $1 billion in increased education funding overall, about $1.1 billion less than what the state Board of Regents recommended. In a series of slides during his speech, Cuomo pointed to education funding disparities across the state stemming from the current “Foundation Aid” formula, also known as Fair Student Funding, and how local districts distribute it to their schools, insisting that more money was being funnelled to richer schools in the poorest districts. His argument formed the basis for his “Education Equity” proposal, which would require school districts to dedicate a significant amount of foundation aid money to the poorest schools.

De Blasio was among those to quickly critique the governor’s proposal, insisting that in New York City at least, funding had been sent where it was needed, despite figures Cuomo had for the first time presented during his speech. The mayor, and education advocates and elected officials, have repeatedly urged Cuomo to fully fund the state Court of Appeals’ Campaign for Fiscal Equity (CFE) decision that first led to the creation of foundation aid -- a decision Cuomo insists is no longer relevant, with a commitment he says has already been met -- which would require billions more in funding, which Cuomo has refused to provide.

Rather, the governor’s budget briefing book took pains to argue that CFE has no relation to foundation aid. But he did not outline what his new proposal would entail, instead leaving it up to the state Department of Education to hammer out a plan.

6. Will Cuomo leverage mayoral control of city schools to get concessions from de Blasio?
Cuomo’s budget book noted his support for extending mayoral control of New York CIty schools by three years, a position he has taken in the past as well. But in the past, the governor -- and Republicans who controlled the state Senate earlier -- used mayoral control as a form of leverage over de Blasio, who is more closely allied with Assembly Speaker Carl Heastie and the teachers unions, attempting to enact concessions including an expansion of a charter school cap.

Cuomo did not mention charter schools in his speech and his budget briefing book has only a small section dedicated to them, but he has been friendly to the sector in the past, and charter school donors have been generous to his campaigns. It’s not clear yet whether Cuomo will pursue increasing the statutory cap, which is close to being reached, especially since Republicans who favor the charter sector no longer have clout in Albany. There are some Democratic legislators who are supportive of charters, but it is unclear how loud those voices will be in their conferences, and whether Cuomo will put any political capital into another expansion of charters’ ability to grow.

And if it isn’t charter schools, it’s unclear what, if anything, Cuomo may try to trade for extending mayoral control.

7. What will marijuana regulation look like?
This is one particularly burning question that has more answers than the others. Cuomo proposed a regulated program to legalize adult recreational marijuana use and raise $300 million in revenue annually, though it allows counties and municipalities to opt out. His budget puts forward the Cannabis Regulation and Taxation Act, which would impose three taxes on the cultivation and sale of marijuana for recreational use. He has also insisted that regulation must be accompanied by decriminalization for those already convicted on marijuana-related arrests and set a legal use age of 21.

But as legislators negotiate what Cuomo has outlined, questions remain about where the marijuana revenue will go and what the new regulation will look like in practice, particularly for businesses, among other details to be decided. The governor is a more recent convert to the cause of legalization and he has heeded the advice of advocates and other elected officials who have long supported legalization and have insisted it should come with benefits for the communities that have been most adversely impacted by marijuana enforcement.

“Now we just have to put it in place, and we have to do it in a way that creates an economic opportunity for poor communities and people who paid the price, and not for rich corporations that are going to come in to make a buck,” Cuomo said in his speech.

New York City is expected to comprise a majority of the state’s marijuana market and de Blasio, who was until recently opposed to legalization himself, also warned against the “corporate takeover of the marijuana industry.” Speaking at a news conference in Albany after the governor’s speech, he said, “[T]his should be a community-based form of business, a small business focus, and a focus on those who are economically harmed by the previous policies.”

8. Will Cuomo’s ‘Green New Deal’ have legislative backing?
Cuomo proposed a “Green New Deal” to increase New York State’s investment in renewable energy and reach 100 percent clean energy by 2040. It was a sweeping declaration from the governor, who has long faced criticism from activists that his environmental record has not been strong enough. At the same time, Cuomo failed to mention the Climate and Community Protection Act, a bill that seeks to accomplish similar goals but has not moved in the state Legislature, though it may this year.

It’s unclear what compromise might look like, or whether the Legislature will force Cuomo’s hand -- the proposals have differing timelines for achieving certain milestones, among other differences, and advocates say the governor’s ideas don’t go far enough. With legislative action, the proposed environmental regulations would also have the strength of law rather than being enacted administratively and being vulnerable to cuts in the future. Senator Todd Kaminsky has indicated that he will continue to pursue the CCPA, potentially setting up a clash between the governor and lawmakers.

9. Will the Legislature advance the New York Health Act for single-payer health care?
While running for reelection, the governor was ardent that he supports a single-payer health care program, the likes of which would be established by the proposed New York Health Act -- but he has repeatedly said it should be mandated and funded by the federal government rather than the state. New York would have to increase overall state government revenue by $139 billion by 2022 to pay for the program, according to a RAND Corporation study. It would provide health coverage to all New Yorkers -- they wouldn’t have to purchase insurance or receive it from employers -- and patients would not have to pay deductibles, co-payments or out-of-pocket costs. The study estimates that total health care spending in this case would be similar to what current levels are expected to be in 2022, and would be about 3 percent lower by 3031, “with the ten-year cumulative net savings being about $80 billion, or 2 percent.”

The bill -- which its sponsors say will be altered in a new version soon to be introduced -- has passed the Assembly but not the Senate, though both houses are now under Democratic control. Still, legislative leaders have not listed the New York Health Act as a top priority for this year. Several Democratic state lawmakers successfully flipped seats last year on platforms that included support for the New York Health Act, and some legislators, especially the lead sponsors, Assemblymember Richard Gottfried and Senator Gustavo Rivera, are expected to continue pursuing it, which could create a significant fissure both within the Legislature and with the governor’s office.

“It was clear in the country and New York that healthcare was the number one issue on voters’ minds,” Gottfried, chair of the Assembly Health Committee, said in an interview with Gotham Gazette right after the November election. “A solid majority of the new state Senate has either been a cosigner, voted for it in the Assembly, or campaigned on it. So I think we’re on track to get it passed in the Assembly and state Senate.”

10. Will the Legislature fully close the LLC loophole and pass stronger ethics reforms and a public campaign finance system?
The state Legislature passed several ethics and campaign finance reforms within the first few days of the new session, including severely limiting donations that can be made by Limited Liability Companies and requiring increased disclosure of the ownership of those firms. But that measure did not completely close the so-called ‘LLC loophole,’ which has allowed untold amounts of money to flow into state elections from moneyed interests and has drawn the ire of good government advocacy groups.

Cuomo, the biggest beneficiary of LLC donations of any elected official in the state, has said he wants to close the loophole entirely, a pledge he reiterated at his State of the State while also calling for a ban on corporate contributions to political candidate campaigns -- under the new law passed by the Legislature, LLCs, like corporations, can donate a maximum of $5,000. The Legislature is expected to take up further campaign finance reforms as well, which could mean that LLC and corporate donations may soon become a thing of the past, while a state public campaign finance system could be put into motion.

Cuomo has also proposed a broader agenda of reform that includes curtailing contribution limits across the board, a proposal that could meet with some resistance, and expanding the state’s Freedom of Information Law to cover the Legislature, to which lawmakers have been strictly opposed, among a variety of other reform measures.

[READ: Cuomo's 2019 Agenda of Election, Campaign Finance and Government Ethics Reforms]

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by Samar Khurshid, senior reporter, Gotham Gazette
     

Read more by this writer.

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10 Burning Questions After Cuomo’s State of the State and Budget Wed, 30 Jan 2019 05:00:00 +0000
9 Key Takeaways for New York City from Cuomo's State of the State and Budget https://www.gothamgazette.com/city/8217-9-key-takeaways-for-new-york-city-from-cuomo-s-state-of-the-state-and-budget https://www.gothamgazette.com/city/8217-9-key-takeaways-for-new-york-city-from-cuomo-s-state-of-the-state-and-budget govcuomo jus

Mayor de Blasio applauds Governor Cuomo (photo via the Governor's office)


Governor Andrew Cuomo’s State of the State speech and accompanying $175.2 billion state budget proposal for fiscal year 2020 had something for everything. The 354-page policy book lays out proposals, big and small, on everything from criminal justice reform, transit and infrastructure funding, workforce protections to rent regulations, voting and ethics reform, farmer benefits, legalizing marijuana, women’s rights and reproductive health, LGBTQ protections, and environmental regulation, to name just a few.

The budget proposal, with its long list of policy priorities, has several measures that will have significant consequences for New York City and its own budget, the first draft of which Mayor Bill de Blasio will soon present. The state fiscal year begins April 1, the city’s begins July 1. Citizens Budget Commission, a nonpartisan fiscal watchdog, noted in its assessment that the governor’s budget proposal cuts nearly $100 million in reimbursements and aid to the city.

And while some of the governor’s initiatives may benefit the city or line up with de Blasio’s priorities, there are others that could end up being a burden and might prompt staunch opposition from the mayor and state legislators who represent districts in the five boroughs. De Blasio expressed concern about a few proposals in the hours after the governor’s presentation, while conceding that “there's a lot to like in the speech.” Below are eight key takeaways for the city from Cuomo’s policy and budget plans.

Cuomo wants the city to split MTA costs with the state. De Blasio disagrees.
Cuomo has embraced congestion pricing as a key proposal to garner resources for the MTA and stem the tide of years of disinvestment that have left large funding obligations and a crumbling subway system. While he has still not fully fleshed out a congestion pricing plan, Cuomo estimated such a system could bring in about $15 billion in revenue over a ten-year period, but also insisted that any shortfall to fund the subways and buses over and above that should be split 50-50 between the city and the state. He argued that over several MTA capital plans the city’s contributions to the MTA have been falling and the state’s contributions have been rising, a characterization that de Blasio later took issue with.

Cuomo, who effectively controls the MTA and appoints a plurality of its board members and its leadership, is proposing an overhaul of the agency’s management, which he has blamed for repeated failures over the years and again in his speech. “It was purposefully designed so that everyone can point fingers at everybody else, and nobody's responsible,” he said, even though he has claimed credit for its successes in the past and he has recently re-exerted control relative to the L-train shutdown.

The details of Cuomo’s MTA management reform plan are also still not fully clear.

De Blasio has repeatedly said the best solution to the MTA’s financial woes is a millionaire’s tax, an idea that is anathema to Cuomo. In his Albany news conference shortly after the governor’s speech, the mayor reiterated the proposal as he pushed back against the governor’s suggestions. “Now, there’s a lot of good ideas on the table and here's a chance to decide which combination of those ideas will actually solve the problem,” he said of funding the MTA. “But yet you can't take it out of the city budget, it’s not going to work.” Though he continues to say he prefers the millionaire’s tax, de Blasio’s rhetoric around congestion pricing has warmed considerably.

Reforms needed to close Rikers Island may soon be reality
The governor’s budget proposal includes support for several criminal justice reforms which de Blasio has said are crucial to the plan to close the Rikers Island jail complex within 10 years. Among those are ending cash bail, among other reforms to pretrial detention processes, and passing Kalief’s Law, a speedy trial reform named for Kalief Browder, the Bronx youth who spent three years on Rikers Island on charges of stealing a backpack. Never convicted, Browder was released but later died by suicide, which was attributed to his harsh treatment while in detention.

De Blasio has said that bail and speedy trial reform would work in concert with ongoing efforts to reduce the population of Rikers down below 5,000, the threshold the city estimates it would need to reach in order to house detainees in borough-based facilities that are being planned. The city jail population is now under 8,000, de Blasio announced during his State of the City address.

Rent regulations will help de Blasio’s affordable housing plan
De Blasio’s ambitious plan to create and preserve 300,000 units of affordable housing by 2026 is on track according to city estimates and broke a record in 2018 by financing 34,160 affordable units, the most in one year for any administration. That plan could benefit massively from a push by the governor and the Legislature to strengthen rent regulations, which are set to expire at the end of June.

Cuomo has expressed support for ending vacancy decontrol whereby upon certain vacancies landlords can remove units from the regulated rolls, eliminating preferential rent limits, and reforming the process by which landlords can assess tenants for improvements to buildings and apartments. All are items that de Blasio praised while noting that he would have to see more details. Such regulations would have been “inconceivable” when Republicans controlled the state Senate, he said as he anticipated seeing stronger laws in place this year. “It's going to help us preserve affordable housing in New York City,” de Blasio said. “And certainly from what the governor said in the speech, I'm encouraged.

Education and mayoral control
Cuomo proposed a 3.6 percent increase in education funding statewide -- an increase of $1 billion from the current year for a total of $27.7 billion -- and proposed a new school funding formula called “Education Equity,” emphasizing that current funding is not flowing to the poorest schools in poorer school districts.

The governor presented new data based on his administration’s analysis of numbers provided to the state by large schools districts that had been required by a law passed last year meant to assess exactly how districts are allocating education funds. Cuomo showed data that indicated all the largest school districts are funding their wealthier schools at higher rates than their poorer schools, though de Blasio questioned the presentation and said the city would have more to say soon. It’s not immediately clear how Cuomo’s administration calculated its numbers.

Cuomo’s proposal looks like it would set up a fight with the mayor, who insisted that the governor should fully fund the “Foundation Aid” formula as required by the Campaign for Fiscal Equity court decision, which Cuomo has argued is settled and a relic of the past.

De Blasio did praise the governor for proposing a three-year extension of mayoral control of city schools, which Cuomo has done in the past though he has appeared comfortable settling on multiple one-year extensions (last time it was two years) as a means of frustrating the mayor. “[U]nder a mayoral control model that we have in New York City for the last five years, we have consistently moved resources to schools in greater need,” de Blasio said, noting that Cuomo’s presentation “did not reflect the reality we know in New York City” and promising to correct the record.

Notably, Cuomo has not initially indicated a plan to raise the cap on charter schools in New York City, a statutory limit that will soon be hit. Cuomo has been a staunch supporter of charters (and de Blasio has mostly been an opponent), but he has been relatively quiet on the issue as he has moved left over the last few years and repaired his relationship with the teachers unions. Still, Cuomo has made sure that charters have secured key protections in state agreements, though this year could hold a different approach.

Speed cameras and bus lane cameras
Last year, a limited speed camera program around schools in New York City lapsed amid legislative intransigence led by state Senate Republicans but was revived through an agreement among the governor, mayor, and New York City Council. Cuomo has proposed reinstating the program in state law through 2022, expanding the number of camera zones from 140 to 290, as well as removing a cap on bus lane cameras and allowing automated cameras to enforce “block-the-box” violations in the proposed congestion pricing zone. The bill would also create a new camera program to combat violations in Manhattan that contribute to congestion.

Infrastructure program highlights include JFK, LaGuardia Airports
Cuomo touted an additional planned $150 billion investment in infrastructure in his third term, building on projects that are already underway and several new ones that he is expected to launch. Among those are the renovations of LaGuardia Airport, the new JFK Airport, four new Metro North stations in the Bronx, an expansion of the Javits Convention Center, and the opening of the Shirley Chisholm State Park in Brooklyn.

Anti-terror initiatives
New York City continues to be one of the most prominent terror targets in the world and Cuomo offered several measures to improve security and preparedness, including legislation to ban gun bump stocks, prohibit weaponized drones, and regulations on the sale of certain explosives.

Two measures were directly impelled by incidents in New York City -- the governor proposed a bill to require two pieces of identification to rent a vehicle, citing attacks carried out across the world and particularly the 2017 Halloween attack on the West Side Highway that claimed the lives of eight people. Cuomo also proposed investments in “infrastructure hardening” such as traffic bollards and crash barriers to protect civilians.

Lead exposure thresholds
Cuomo proposed lowering the threshold of blood lead levels that would lead to an immediate public health response, which could potentially become a prominent issue in New York City where residents of the New York City Housing Authority have been fighting with the administration for years over lead paint in their apartments.

Other policies apply to New York City
A variety of other policies the governor is backing would apply to New York City and have an impact in the five boroughs, including some measures that have already passed the Legislature, like voting reforms, a ban on gay conversion therapy, and the Gender Expression Non-Discrimination Act. This list also includes the planned expansion of abortion rights, more gun control, the Child Victims Act to address child sex abuse, and the Dream Act to provide state tuition assistance to undocumented immigrants and their children, among other policies. Also in this category is the expected legalization of recreational marijuana for adults 21 years of age and older.

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by Samar Khurshid, senior reporter, Gotham Gazette
     

Read more by this writer.

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9 Key Takeaways for New York City from Cuomo's State of the State and Budget Mon, 21 Jan 2019 05:00:00 +0000
15 Notable Cuomo Proposals Not In His State of the State Speech https://www.gothamgazette.com/state/8213-15-notable-cuomo-proposals-not-in-his-state-of-the-state-speech https://www.gothamgazette.com/state/8213-15-notable-cuomo-proposals-not-in-his-state-of-the-state-speech 32881220978 1373afdcc8 z

Gov. Cuomo (photo via the Governor's office)


In his expansive State of the State speech on Tuesday, Governor Andrew Cuomo articulated wide-ranging priorities for the legislative session and the budget for the 2020 fiscal year that is due April 1. But there was plenty left unsaid in the 80-minute speech, included instead in the detailed policy book and budget documents released along with the governor’s address. Some of those proposals could have broad social and economic consequences for the state should they come to pass, with many likely to move forward as Democrats control the entire State Legislature.

But the governor has also been known to include proposals in past policy books and budgets without putting any political capital behind them once negotiations with the Legislature are underway. Below is a list of notable Cuomo proposals that didn’t make it into the governor’s speech:

Increasing protections against harassment in the workplace
Though the governor has touted passing last year the strongest laws in the nation against sexual harassment in the workplace, he did not mention them at all during his State of the State speech. Nonetheless, his plans do include proposals to expand the protections passed last year, including by lowering what some have called onerous standards for proving harassment under the Human Rights Law, mandating that non-disclosure agreements articulate a victim’s right to file a complaint or participate in an investigation, and requiring workplaces to prominently display sexual harassment informational posters.

The governor and legislators have been under pressure from advocates and some lawmakers to hold public hearings on sexual harassment in both the public and private sector -- hearings that were not held before last year’s laws were passed -- and to strengthen the new laws. While Cuomo included enhanced laws in his proposals, legislative leaders announced a joint hearing for February 13.

Cuomo is also proposing removal of the statute of limitations for reporting rape.

Pursuing universal access to health care
The governor will establish a commission comprised of the Department of Health, Department of Financial Services, health care and insurance experts to explore how the state can provide universal access to health care in the state. The commission would have to issue a report by December 1.

Cuomo has dismissed calls from legislators and advocates to support creation of a single-payer health care system in New York, but outlined several health care proposals in his speech and included the commission in his written plans.

Criminal penalties for assaulting the press
Taking direct aim at President Donald Trump’s repeated attacks on the free press, including calling journalists the “enemy of the people,” and accusations of “fake news” against reporters, Cuomo, who has had his own issues with the press, is proposing legislation that would make it a felony to assault a journalist while they are doing their job. Journalists would join several other classes of worker, such as nurses, in this category.

Creating a database of economic development deals
Cuomo’s budget proposes several reforms to state contracting processes, which have been at the center of recent corruption scandals that have marred his administration. Among those reforms is an online database of economic development projects that receive state assistance. Good government advocates have repeatedly called for that “database of deals” to provide more accountability for state spending and the Legislature has in the past promised to pass such legislation even if the governor did not support it.

It’s unclear if the database the governor has in mind will meet the expectations of those who have demanded such a public accounting, which would ideally show investments and their results in granular detail.

Protecting undocumented immigrants from deportation
The governor backed the “One Day to Save New Yorkers” bill, a small but significant change to sentencing for Class A misdemeanors. The bill would reduce the maximum punishment for such offenses from 365 days -- exactly one year -- to 364, in an effort to protect undocumented immigrants who, if convicted of crimes with a sentence of one year or more, could face deportation proceedings.

A permanent watchdog over police-involved killings
Cuomo signed an executive order in 2015 giving the state Attorney General the authority of a  special prosecutor to investigate instances where unarmed civilians are killed by law enforcement officers. His budget proposal includes support for legislation to codify that order by creating a permanent special counsel to probe such incidents, something he has backed in the past.

Additionally, Cuomo’s budget would require all law enforcement agencies across the state to implement a use-of-force policy and to collect and report all data on incidents where the use of force leads to death or injury.

Tackling lead exposure among children
The governor has proposed lowering the threshold of blood lead levels in children that would trigger intervention by public health officials. The proposal could be particularly significant for New York City, where the city’s public housing authority (NYCHA) has been sued in federal court for failing to deal with lead paint in its apartments (and covering up missed inspections) while Mayor Bill de Blasio has repeatedly downplayed the number of children exposed to lead.

Creating a new agency to help domestic violence survivors
The budget proposes creating a new state agency called the Division of Victim Prevention and Response, by consolidating the Office for the Prevention of Domestic Violence, the Office of Victim Services, and the Office of Campus Safety.

The governor is also proposing legislation to modernize policies for providing relief to domestic violence survivors -- no longer requiring them to pay certain costs for staying in a domestic violence shelter and removing the requirement that they must apply for public assistance. He is also creating a task force to study the state’s service delivery system for survivors. Cuomo is also pushing the Domestic Violence Survivors Justice Act, which would expand certain protections for survivors caught up in the criminal justice system.

Protecting breastfeeding mothers from workplace discrimination
The governor intends to propose legislation that would clearly establish lactation as a pregnancy-related condition covered by the state’s Human Rights Law. It would ensure that employers provide reasonable accommodations for breastfeeding women (i.e. to pump) or be liable under the law.  

Expanding protections against wage theft
In his “first 100 days” agenda, Cuomo spoke about passing new protections for the freelance and gig economy but made no reference to it on Tuesday and his policy book only mentions it sparingly, in its introductory section. What the document does include is a proposal to expand criminal penalties for wage theft, a crime of which freelancers and gig workers often find themselves the victims. The budget proposes changing the state’s labor law and establishing an expanded range of violations, from misdemeanors to felonies, for wage theft. It would also give the state Department of Labor the authority to refer cases for criminal prosecution.

Protecting sex trafficking victims
The budget commits to closing loopholes in the state’s rape shield laws, which are meant to protect victims of sexual violence by limiting evidence of their sexual history from being introduced in court. Cuomo’s budget proposes expanding the law to cover sex trafficking victims and to prevent prostitution convictions from being used against victims.

Establishing compassionate release
Cuomo’s budget proposes introducing legislation to establish a compassionate release process for incarcerated individuals above the age of 55 suffering from debilitating health issues. The bill would allow these individuals to be considered for medical parole after serving half their sentence.

Promoting corporate diversity and pay equity
Cuomo’s budget creates a Task Force on Representation and Corporate Transparency, to devise ways the state can promote diversity on corporate boards and in their workforce and to ensure pay equity. Cuomo will also order a study -- by the Department of State, Department of Labor and the Division of Human Rights -- of the gender and racial composition and inequity of boards of firms that have state contracts.

Encouraging youth participation and engagement
The policy book proposes creating a Youth Council made up of 62 young people, one from each county in the state, between the ages of 13 and 21. The council is meant to operate for two years, meeting at least three times a year, to inform the state government’s policies on education, the environment, civic engagement, and juvenile justice. It would also include subcommittees dedicated to discussing sexual harassment and assault, female empowerment, and cyberbullying.

Extending the millionaire’s tax and closing the carried interest loophole
The state’s millionaire’s tax is slated to expire at the end of 2019 and so far its fate has remained somewhat uncertain, though Cuomo announced his intention to renew it during a December policy speech. The governor’s policy book proposals includes a five-year extension of the tax to retain the $4.4 billion that it is estimated to bring to the state coffers each year from roughly 60,000 taxpayers, half of whom are from out of state.

The governor is also proposing to do away with the “carried interest” loophole. Hedge fund managers, private equity investors, and venture capitalists earn a portion of their income in the form of carried interest, which is taxed at a lower rate than regular income, costing the state about $100 million, according to state estimates. Cuomo has proposed a change in how this income is treated, and would impose a 17 percent “fairness fee” to raise about $1.1 billion annually.

[Read: Cuomo's 2019 Agenda of Election, Campaign Finance and Government Ethics Reforms]

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by Samar Khurshid, senior reporter, Gotham Gazette
     

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15 Notable Cuomo Proposals Not In His State of the State Speech Thu, 17 Jan 2019 05:00:00 +0000
Cuomo's 2019 Agenda of Election, Campaign Finance and Government Ethics Reforms https://www.gothamgazette.com/state/8210-cuomo-s-voting-campaign-finance-and-ethics-reform-proposals https://www.gothamgazette.com/state/8210-cuomo-s-voting-campaign-finance-and-ethics-reform-proposals gov cuomo albany

(Photo via the Governor's office)


Governor Andrew Cuomo proposed a broad agenda of progressive legislation in his State of the State speech on Tuesday, accompanied by more detailed policy and budget books, including several measures aimed at improving New York’s democracy and increasing public trust in state government.

Emboldened by full Democratic control of the State Senate and Assembly, after years of a split Legislature where Republicans controlled the upper chamber, Cuomo reiterated many of the proposals that he has repeatedly advanced in vain in previous years and also introduced new ideas to combat public corruption, reduce the effects of money in politics, and provide more transparency about the workings of the Legislature and Executive branches.

Cuomo took stock of the state government’s failure to police its own -- as he spoke about passing ethics reforms, the powerpoint slide behind him filled with newspaper headlines about corruption in state government, starting with his own administration. “If you read the headlines over the past few years, they have been continuous and they have been disappointing, and they have been disgraceful, and they have been widespread,” he admitted. “It looks terrible and it is terrible.”

Government reform advocates have broadly praised the governor’s platform as they continue to examine the details included in the budget. On voting reforms, there seems to be general agreement, while the campaign finance and ethics proposals may prompt further debate.   

Election Reforms
Cuomo backed several voting reforms, many of which were passed by the State Legislature on Monday and sent to the governor’s desk for his signature. They included early voting -- he has proposed 12 days of early voting while the Legislature passed a 10 day bill -- consolidation of state and federal primaries into one date in June, pre-registering 16- and 17-year-olds to vote, and portability of voter registrations. There was also the campaign finance reform measure of significantly limiting contributions through the so-called LLC loophole and requiring more transparency from LLC owners.

The Legislature also began the process of amending the state constitution to establish same-day voter registration and no-excuse absentee ballots by mail, both of which will have to be approved by the next Legislature seated in 2021 and then through a ballot referendum.   

Cuomo supports all of the above, and his proposals go further, some of which are matched by bills Democratic legislators have introduced. The governor wants to make Election Day a state holiday, implement automatic and online voter registration, and also expand voting hours for primary elections upstate where polling sites currently only open at noon.

Campaign Finance Reform
Cuomo is supporting a sweeping campaign finance reform agenda that includes a public matching system for the state.

The Legislature’s LLC bill brought contribution limits in line with those for corporations, at $5,000. Cuomo, on the other hand, has proposed closing that loophole entirely (something some legislators have said they want to do in a next phase) and banning all corporate contributions to candidate campaigns, while also lowering contribution limits across the board. He also proposed prohibiting any contributions from individuals or entities that have recently applied or are seeking government contracts.

Separately, the governor pushed a measure to require reporting of intermediaries or “bundlers” who collect donations from several contributors and funnel them to candidates.

He wants to establish public financing of elections, providing 6-to-1 matches for small contributions up to $175, similar to the system currently in place in New York City. The public funds limits would be $8 million for candidates for governor; $4 million for lieutenant governor, attorney general and comptroller candidates; $375,000 for Senate candidates; and $175,000 for Assembly candidates.

On Wednesday, the governor’s office put out details of his proposal to lower contribution limits -- statewide candidates would be able to receive a total of $25,000 ($10,000 for the primary and $15,000 for the general election) down from the current effective total limit of roughly $65,100. Limits would be lower for state legislators -- Senate candidates would be allowed to raise a total of $10,000 from individual contributors, down from $18,000; Assembly candidates would be limited to $6,000 total, down from $8,800. While significant reductions, the numbers are still quite high relative to individual donation limits to presidential candidates or candidates for mayor of New York City, for example.

Cuomo is also seeking to take on the scourge of “dark money” flowing into elections through independent expenditures by anonymous sources. His budget briefing book calls for expanded disclosure by 501(c)(3) and 501(c)(4) nonprofit groups of the “extent and nature of their expenditures used to influence the debate on public issues, and the identity of large donors who facilitate that speech.”

“These loopholes make the entire campaign system fraught for a lack of integrity,” Cuomo said. “You want to talk about franchising individuals who now feel disenfranchised - a corporation, a large contributor with a $10 million check can buy an election and nobody knows who he or she is.”

Government and Lobbying Ethics
Though some of his proposals are likely to face resistance from the State Legislature, Cuomo wasn’t shy about challenging his legislative counterparts in his Tuesday speech as he railed against the recurring instances of corruption that have come to light in recent years, including from within his own administration.

“Now, we will never stop venial, greedy, ignorant, behavior by people. And we shouldn't be expected to do that,” Cuomo said, “but we should be expected to do everything we can to have a system in place that safeguards against fraud or theft, and there it is a continuing battle, but there I believe we can do more to ensure the public trust.”

He proposed requiring candidates in state elections to disclose their tax returns, a measure that is usually voluntarily taken by candidates for major offices like mayor, governor, and president. Cuomo’s budget proposal would require statewide candidates to release ten years of tax returns and five years of returns for candidates for Senate and Assembly.

He also emphasized the need to expand the state’s Freedom of Information Law to cover the state Legislature, a move that certain lawmakers have backed in the past but one that previous legislative leaders have ardently opposed.

The governor is also seeking to ban government employees from volunteering for their employer’s political campaigns, and wants to require local elected officials to annually disclose their finances to the Joint Commission on Public Ethics (JCOPE), just as state elected officials and employees are required to do.   

Cuomo also floated a “Lobbying Code of Conduct” to severely limit real and perceived pay-to-play politics and to curb the revolving door practices that have become commonplace in Albany. He proposed greater penalties for violations of lobbying laws, lowering the threshold for disclosure of lobbying activities to $500, down from $5,000, a ban on loans from lobbyists to candidates, and preventing political consultants from lobbying the elected officials who they helped get into office. He is also advocating for expanding the blackout period in which government employees and elected officials, as well as their staff members, would be prohibited from becoming lobbyists from two years to five.

The governor promised on Tuesday that if the state Legislature did not approve the code of conduct for lobbyists, he would prohibit those lobbyists who do not voluntarily abide by it from lobbying the executive chamber. The provisions of his proposal, however, contain many gray areas as well as steep penalties -- a lobbyist who deliberately violates the rules could receive a civil fine of $25,000 or be banned from lobbying for six months to five years -- that will be part of negotiations if there is any movement on the proposals.  

In a surprising move, the governor also announced on Tuesday that he had reached an agreement with State Comptroller Tom DiNapoli to implement certain reforms to the state’s contracting and procurement processes, including returning to the comptroller certain powers that had been stripped during Cuomo’s first year as governor. Cuomo said he would allow the comptroller to pre-audit any SUNY, CUNY and Office of General Services contracts worth more than $250,000, granted the audits are done within 30 days, and, in turn, the comptroller agreed to turn over contracts above that threshold to the state inspector general for audits.

“Contract procurement review must be performed and government must function on a timely basis,” Cuomo said. “I don't believe one is the enemy of the other. Yes, review contracts, but yes let's get it done quickly because government has to function and we have to get things done.” The agreement neutralized criticism that Cuomo faced for undermining the comptroller’s authority and also preempted the potential threat of the state Legislature passing these measures against the governor’s wishes.   

Cuomo also proposed strengthening the powers of the State Inspector General, giving the office the authority to oversee nonprofits affiliated with SUNY and CUNY, as well as “state-related procurement and the implementation and enforcement of financial control policies at SUNY and CUNY.”

“This proposal is a positive step forward,” said Jennifer Freeman, a DiNapoli spokesperson, in a statement. “Improvements to the procurement process will assure that independent checks and balances are in place to prevent abuse.”

Finally, the governor’s briefing book indicates that he will direct Empire State Development, a state agency responsible for economic development programs, to create a publicly accessible online database of projects getting state benefits. Good government advocates, DiNapoli, and some legislators have long been pushing for such a “database of deals” and praised its inclusion in the governor’s budget proposal.  

“We’re very pleased by the sheer scope of the many good government reform measures the governor issued and we’re carefully evaluating them,” said Alex Camarda, senior policy advisor at Reinvent Albany, a nonprofit advocacy group. “We’re most pleased with progress on clean contracting.”

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by Samar Khurshid, senior reporter, Gotham Gazette
     

Read more by this writer.

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Cuomo's 2019 Agenda of Election, Campaign Finance and Government Ethics Reforms Wed, 16 Jan 2019 05:00:00 +0000
New York City Takeaways from Governor Cuomo's 2018 State of the State https://www.gothamgazette.com/state/7402-new-york-city-takeaways-from-governor-cuomo-s-2018-state-of-the-state https://www.gothamgazette.com/state/7402-new-york-city-takeaways-from-governor-cuomo-s-2018-state-of-the-state Cuomo State of the State podium

Gov. Cuomo delivers his 2018 State of the State (photo: Philip Kamrass/Governor's Office)


Governor Andrew Cuomo unveiled his full policy agenda for the 2018 legislative session on Wednesday, returning to his traditional State of the State format: a single address at the Empire State Convention Center, chock full of slideshow-aided proposals and lofty rhetoric, with legislative leaders of all five conferences and other statewide elected officials accompanying him on stage.

During the 92-minute speech, Cuomo gave considerable attention on his women’s rights platform -- a timely legislation package in the face of international outcry over sexual misconduct in the workplace — as well as criminal justice reform proposals like significantly reducing the use of cash bail. Cuomo also focused a good deal on policies coming out of Washington, D.C., especially the recent tax overhaul program that will hit New York hard. He said the state will sue while also exploring other ways to blunt the impact of the drastically reduced ability for New Yorkers to deduct their high local and state taxes from their federal burden.

The second-term governor outlined a wide variety of proposals for the state and some that apply to different geographic areas. He touched on only a portion of the proposals listed in his 374-page policy book. The next three months will determine which Cuomo can accomplish through some combination of executive action, the regular legislative process, and a grand budget deal, due by the April 1 start to the new state fiscal year. After that, there will be another three months of legislative session.

Many of Cuomo’s broader proposals, like on criminal justice reform, workforce development, and protecting the environment, impact New York City, while several are aimed directly at the five boroughs, such as the creation of a subway station in Red Hook, Brooklyn, the creation of a new park in Brooklyn, and proposals to address the state’s homelessness problem, which is concentrated in New York City.

Mayor Bill de Blasio was in attendance for Cuomo’s speech and, in a news conference afterward, praised certain aspects of it, such as Cuomo’s promise to fight the federal tax overhaul, while taking a wait-and-see approach as the governor still did not unveil a congestion pricing scheme, and outlining a few of the city’s top priorities for the upcoming state budget, like more funding for the mayor’s plan to extend pre-school to all three-year-olds.

The Democratic governor wields an enormous degree of power over the state’s $160 billion-plus budget. He’ll unveil his executive budget proposal within the next few weeks, which will show at least some detail of how he plans to fund the initiatives in his State of the State while also balancing the roughly $4 billion deficit for next fiscal year.

As he alluded to during his speech, touting his ability to lead the state to bipartisan compromise, Cuomo is again negotiating with a split Legislature. While Democrats handily control the 150-seat Assembly, with most New York City lawmakers sitting in the majority, the 63-seat Senate is controlled by the Republican conference, made up of many members representing suburban and Upstate areas, that has formed a ruling coalition with the eight-member Independent Democratic Conference and rogue Democratic Senator Simcha Felder, of Brooklyn. As a result, downstate and left-leaning interests often rely on the governor to take up their policy items, and watch his annual address closely for signs that he will make them a focal point of the coming budget negotiations.

During his Wednesday remarks, Cuomo took slightly different approaches to two hot-button issues, important to many in New York City, that are also indicative of the political moment Cuomo finds himself in. Democrats in New York want to see Cuomo fight for Democratic takeover of the state Senate, including through special elections for two Senate seats that the governor has not yet called, despite being able to as of January 1. A long list of progressive legislation has been blocked in the Senate, with many believing Cuomo largely prefers to deal with a split Legislature so that he can better control spending and policy.

Advocates have been turning up their pressure on Cuomo to push for the Child Victims Act, legislation that makes it easier for people who were victims of childhood sex abuse to bring charges. The legislation has overwhelmingly passed the Assembly, but stalled in the Senate.

Those pushing for the the bill were disheartened by the governor’s omission in his State of the State speech, though it is included in his policy book, as it was last year.

"In the #MeToo moment it’s especially disappointing to see the Governor fail to mention child victims of sexual abuse in his State of the State address, even as he correctly prioritizes the issue of sexual harassment in the workplace,” said Michael Polenberg, VP of Government Affairs at Safe Horizon, and survivor and advocate Bridie Farrell in a joint statement. “Survivors of childhood sexual abuse, advocates, and elected officials have been fighting to pass the Child Victims Act (CVA) for over a decade.”

Meanwhile, the governor did give a brief shoutout to the New York Dream Act, which would allow undocumented college students who arrived here as children to obtain student financial aid as part of a comprehensive immigration package. Cuomo mentioned the Dream Act, which has also easily passed the Assembly but stalled in the Senate, when discussing the next phase of his Excelsior Scholarship, the middle-class college-tuition supplement he announced and passed last year.

Women’s Rights
Cuomo released more than 20 planks of his 2018 agenda in the lead-up to his speech, including his proposals related to fighting sexual harassment in workplaces.

The governor’s full women’s right platform is wide-ranging, from policies Democrats have pushed each year like the codification of Roe v. Wade into state law and the Comprehensive Contraception Coverage Act, to his new call to criminalize “sextortion” and non-consensual pornography, often known as revenge porn, under state law, as well as legislation to remove firearms from domestic abusers.

In addition, the governor is proposing legislation to prohibit public dollars from being used to settle sexual harassment claims against individuals, and a proposal to void forced arbitration policies in employee contracts. He vowed that any companies doing business with the state would be required to disclose the number of sexual harassment adjudications and nondisclosure agreements they have executed. There appears to be a good chance that some, possibly most, of these measures will pass, as Republican and Democratic lawmakers in both houses have introduced legislation aimed at tightening sexual harassment laws.

“No taxpayer funds should be used to pay for any public official’s sexual harassment or misconduct – period. It is the bad act of the individual, let the individual pay,” said Cuomo.

Cuomo is also proposing that state pension funds only be invested in companies that have “adequate” representation of women and people of color on their boards of directors. And Cuomo is calling for the reauthorization and expansion of his Minority and Women Business Entrepreneurship program.

Criminal Justice Reform
In a dramatic moment, Cuomo addressed Akeem Browder, the brother of Kalief Browder, the young man who took his own life after being held for three years at Rikers Island jail complex, awaiting a trial for allegedly stealing a backpack that never came. “Akeem, I want you to know that your brother did not die in vain,” Cuomo said, with the audience giving Akeem a standing ovation.

Referencing Kalief Browder’s ordeal, Cuomo announced a comprehensive package including bail and speedy trial reforms, and improving the disclosure of evidence in the discovery process.

“To begin, our jails are filled with people who should not be incarcerated,” said Cuomo. “Race and wealth should not be factors in our criminal justice system.”

Many, including Public Advocate Letitia James and Tina Luongo, attorney-in-charge of the criminal defense practice at The Legal Aid Society, commended the governor.

“This comprehensive package of criminal justice reforms places a spotlight on the current system’s flaws and the need for strong reforms to New York’s criminal discovery, bail and speedy trial statutes. Reforming these core issues is required to end mass incarceration, avoid wrongful convictions and, for New York City, expedite the closing of Rikers Island,” said Luongo. Mayor de Blasio has pointed to state-level bail reform as key to the goal of closing the Rikers jails by continuing to help reduce the city's detainee population.

New York Civil Liberties Union’s Donna Lieberman noted that the initiatives could have gone further, including the passage of Kalief’s Law, which ensures the right to a speedy trial, and the STAT Act, which would disclose policing data to improve transparency and accountability.

Affordable Housing
Cuomo lamented the state’s homelessness crisis, noting that he began his work in public service running a non-profit aiding homeless families, but critics say his proposals to address the crisis are slim.

“Homelessness is on the rise in our cities and worse than ever before. It pains me personally to acknowledge this reality,” he said. “It has become a part of our new normal, but it is abnormal and it is wrong,” he later added.

Cuomo vowed to build on the $20 billion investment made in 2016 on a five-year plan to combat homelessness, including thousands of supportive housing units that provide stable housing and social services. The governor said he would instruct the appropriate state agencies to expand street outreach, homelessness prevention activities, rapid rehousing, and ongoing housing stability for the formerly homeless.

He said he would direct the state’s mental health and substance abuse agencies to increase access at homeless shelters across the state. He also implored localities to do more to help mentally ill homeless people, saying that some claim their hands are tied. He vowed to “change the law this session.”

In a variety of directions, affordable housing and homelessness policy has been a topic of conflict between Cuomo and de Blasio.

During his post-speech press conference, de Blasio said one major area the city wants to see more from the state is affordable housing. He called for the delivery of NYCHA funds allocated two years ago, among other items.

“The supporting housing plan – as everyone knows, the City of New York is committed to, and is funding, and is acting on and implementing a plan for 15,000 supportive housing apartments. The State has a plan for 20,000. We need to see that plan take off and start to have an impact on the ground in New York City so it can help us address homelessness,” said de Blasio.

“And then the broader affordable housing plan that was put together at the end of the legislative session – again, we’re looking for action, we’re looking for results that will help us address the huge affordability challenges in New York City.”

In her statement reacting to Cuomo’s speech, Public Advocate James praised Cuomo on several fronts, but pointed to a need for Cuomo to improve his commitment to creating and preserving affordable housing. “I urge the Governor to push Albany legislators to adopt vacancy decontrol, make preferential rent permanent and repeal the twenty percent vacancy bonus and introduce a housing bond act to create more affordable housing,” she said. “In order to truly protect New Yorkers, we must ensure that everyone has access to safe and decent housing. It is the most critical step to creating a New York that is just and inclusive for all.”

Public Transportation
While Cuomo suggested that there is a congestion pricing plan in the works, he did not provide details, saying that he is waiting for his Fix NYC commission to "present options" to the Legislature. Any plan would be intended to create revenue for the MTA and reduce congestion into much of Manhattan, likely would add tolls on the East River bridges and other access points to the “Manhattan business district.”

He also appeared to take one of several jabs at de Blasio, who opposes congestion pricing and wants to see an added tax on high earners to additionally fund the MTA.

“These are difficult choices, but difficult choices do not get easier by ignoring them,” Cuomo said. “They only get harder. And in the meantime, cheap political slogans are just that—cheap political slogans. It's not a real policy or policy discussion. And that's what we need. Santa Claus did not visit the State Capitol this year. I was watching. Funding must be provided in a very tight budget and funding must be provided this session because the riders have suffered for too long, politics has gone on for too long, and we can't leave our riders stranded anymore -- period.”

Speaking with reporters, de Blasio reiterated that he believes passing an additional millionaires tax to pay for subway system repairs is achievable because his proposal only impacts New York City residents, not the main constituents of the Senate Republicans outside the city.

“It’s a way that we can solve our own problems. So, I’m going to keep working for that because I think it’s the right solution,” de Blasio said, adding, “No, I don’t think we’ve seen enough now to know what any congestion pricing option may look like.”

Public Safety
Cuomo opened his speech by noting the growing threats of terrorism, extreme weather, rising anti-semitism, and increasingly divisive politics. He proposed a number of initiatives aimed at making New York City, which is often a target for attacks, safer.

“Looking back, 2017 was a tough year by any measure, but New Yorkers once again rose to the occasion. We had frightening incidents of terrorism in New York City -- as Mayor Bill de Blasio well knows -- but we have the best police and first responders in the country and some of them are here today,” said Cuomo.

To address gang activity, Cuomo has proposed a plan to cut off the recruitment pipeline to eradicate MS-13, which has a strong presence in Long Island and parts of the five boroughs. Cuomo’s five-point plan would improve access to social programs -- including after-school education and job training for at-risk youth -- additional support for unaccompanied minors and bolstered law enforcement in gang hotspots.

He also introduced a number of counter terrorism initiatives, such as the construction of a new firefighter training facility to support the city’s first responders, expanded vehicle rental regulations, and a terrorism tip line.

“[T]he state owns many of the places of potential vulnerability, our bridges, tunnels, trains, buses and airports, our transit hubs like Penn Station and Grand Central,” Cuomo said. “Our transportation system must be better protected, and we must do it now. We have had warning.” He specifically cited Penn Station as vulnerable and said he already has plans in motion, while also referencing the possible use of eminent domain to make the surrounding area more secure.

Voting and Other Reforms
Leading up to his speech Cuomo unveiled parts of his “Democracy Agenda,” which aims to protect the integrity of elections, requires transparency for digital advertisements, and enact voting reforms.

Reform advocates, like Common Cause/NY’s Executive Director, Susan Lerner, welcomed the proposals but said that “the Governor proposed a high tech blanket to protect an antiquated election system that cries out for common-sense low-tech improvement.”

“It's not enough to simply pitch the idea of early voting – a crucial change that will bring New York in line with 37 other states- as well as same day voter registration, and no penalty absentee voting,” she said. “The Governor must put money behind it. Initiatives like automatic voter registration, electronic poll books, flexibility to change parties, and parolee voting rights are pivotal upgrades to our current system of elections administration that can not be ignored.”

The governor did not give much airtime to his government ethics and campaign finance initiatives this year, many of which are recycled from past years in his 2018 policy book. On Wednesday he talked briefly about ending outside income for lawmakers, and “spent less than a minute total discussing his remaining reforms,” said Jennifer Wilson, of The League of Women Voters.

Education
The governor put forth several education initiatives, including to expand the availability of early childhood care, pre-kindergarten education, and afterschool; a proposal to guarantee free food for school children; and supports for teachers.

He also introduced a slew of measures to address the student loan debt crisis. Planks include appointing a Student Loan Ombudsman; requiring colleges to provide simple 'truth in lending' facts for students; and increasing consumer protection standards throughout the student loan industry.

De Blasio, after the event, told reporters he hopes to see a boost in education aid in the governor’s 2018-2019 budget proposal, which would help fund the city’s 3-K for All initiative.

Infrastructure 
Cuomo said he would call on the Port Authority and the Metropolitan Transportation Authority to study potential options for relocating and improving maritime activities and enhancing transportation access to Brooklyn's Red Hook neighborhood and harbor. The plan would include the creation of a new subway line extending into the South Brooklyn neighborhood “to stimulate Red Hook’s community-based development.”

Citing the Trump administration’s efforts to scale back national parks, Cuomo vowed to open the largest state part in New York City, a 407-acre plot of land on Jamaica Bay.

He vowed to finally complete the Hudson River Park on Manhattan’s west side, a project started by his late father, former Governor Mario Cuomo, and Mayor David Dinkins.

“It was supposed to be finished in 2003. It was derailed by ongoing disputes. We now have settled the disputes. We now have a full completion plan that completes the park from Battery Park City to 59th Street,” said Cuomo.

Next Steps
Along with congestion pricing recommendations, Cuomo is also awaiting the results of a study he’s ordered of the possibility of eliminating a separate minimum wage for tipped workers, which could have significant impact in New York City.

Threats from the federal government loomed large at the State of the State, as the governor, who is facing reelection in 2018 and has presidential aspirations, painted himself as a unifying leader in the face of a divisive and hostile president.

While Cuomo prepares to release his executive budget plan in the coming weeks, he will continue to fight the federal tax overhaul and deal with other ways in which federal policies are cutting funds to New York. Still, Cuomo spoke in grand terms, saying that New York can accomplish anything it puts its mind to, as his tenure has shown.

“Ladies and gents I am a realist,” Cuomo said. “I know that this an ambitious agenda and I know it is probably the most challenging agenda that I have ever put forth. But these are challenging times, and we have to rise to the challenge for the very survival of our state.”

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by Rachel Silberstein, State government reporter, Gotham Gazette
     

Read more by this writer.

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New York City Takeaways from Governor Cuomo's 2018 State of the State Thu, 04 Jan 2018 05:00:00 +0000
Cuomo's 2018 State of the State 'Reform' Agenda Largely Repeats Past Proposals https://www.gothamgazette.com/state/7403-cuomo-s-2018-state-of-the-state-reform-agenda-largely-repeats-past-proposals https://www.gothamgazette.com/state/7403-cuomo-s-2018-state-of-the-state-reform-agenda-largely-repeats-past-proposals Cuomo State of the State reforms

Gov. Cuomo at his 2018 State of the State (photo: Philip Kamrass/Governor's Office)


During his 2018 State of the State speech on Wednesday in Albany, Governor Andrew Cuomo spent little time on government ethics reform, but did address at somewhat greater length his proposals to increase access to the ballot box and change state campaign finance law.

In sum, the “reform” portion of Cuomo’s remarks were relatively brief, though the governor did expand more on his proposals to change voting, campaign financing, political advertising, and the jobs of legislators in the accompanying 374-page policy book that details his 2018 agenda. Many of these proposals are repeated from prior years. Cuomo has not prioritized things like early voting or a public campaign finance system, so they have not become law in New York.

Known for his ability to bend the Legislature to his will for policy items he puts his weight behind -- like marriage equality or a $15 minimum wage program -- Cuomo has overseen some incremental ethics reforms but little by way of seismic shifts to prevent corruption or increase election participation. He has also been unwilling to go along with contracting reform that is aimed at bringing more oversight and transparency to his own economic development programming.

The governor’s speech came just ahead of a handful of corruption trials that will occur this year, including some of his top aides and donors who are accused of engaging in major bid-rigging and kickback schemes dealing with the governor’s signature economic development programs. Two former legislative leaders will also be retried for public corruption after their recent convictions were overturned due to a new Supreme Court ruling.

In an hour-and-a-half speech on Wednesday, government ethics was sandwiched briefly between Cuomo’s discussion of doing more to help mentally ill homeless people and focusing on “new problems” facing the state, like the “rise in terrorism,” climate change, the opioid epidemic, and more. Cuomo devoted just one brief segment to the topic, and in doing so nodded to legislators’ disinterest in further reform.

“With all we have to do as a government, it is more important than ever that we have the public's trust,” Cuomo said. “I know the Legislature feels that we have done much on ethics reform and they are right. I know they feel that whatever we do, it will never be enough in this political atmosphere and they may be right, but we must do more anyway. The single best ethics reform is to ban outside income, remove any possibility for conflict and let legislators say 'I work for the public. Period. And there are no possible conflicts presented.’”

The Democratic governor, now in the final year of his second term and seeking a third, has proposed banning outside income for legislators before, along with other reforms that he did not name Wednesday but are again in his policy book, like term limits. These and campaign finance reforms have mostly gone nowhere in the Legislature, especially the Republican-controlled state Senate, though lawmakers would like their first salary increase since 1999. Cuomo is in favor of a pay raise for legislators, but in exchange for strict limits on outside income and other reforms.

In moving toward “new” challenges, Cuomo referenced previously announced pieces of his larger “Democracy Agenda,” including more transparency for online political advertisements. Action must be taken, he said, to address “the distortion and manipulation of our elections by big donors, foreign money and social media advertising and the alienation of our citizens.”

Noting that “social media has revolutionized our elections,” Cuomo said that the “freedom of the internet” must be respected, but that laws must be followed. “Foreign countries like Russia and big anonymous donors cannot jeopardize our democracy. Social media must disclose who or what pays for political advertising because sunlight is still the best disinfectant.”

“Disclosure must apply to social media the same way that it applies to a newspaper ad or a TV ad or a radio ad,” Cuomo said. “Anything else is a scam and a perversion of the law and an affront to democracy. Let's stop this abuse, and while Washington talks about it and dithers, let New York lead the way and address this challenge and let's do it this session.”

Cuomo also said that in “this time of citizen alienation and outrage, the best thing we can do is let people know that their voice is heard, that they matter and that they can and they should vote. And we should make voting easier, not harder, with same-day registration, no-fault absentee ballots, and early voting.”

He said that New York could “increase trust” through campaign finance reforms like closing the infamous LLC loophole, which allows virtually unlimited campaign donations from people and businesses through multiple limited liability companies (which Cuomo has benefited mightily from), and public financing of electoral campaigns. Both are ideas Cuomo has said he supports for years but has not been able to see passed through the Legislature. A 2014 pilot public campaign financing program that was passed but only applied to the comptroller race fizzled almost immediately.

Cuomo, king of the mega-donors, as The New York Times recently pointed out, says in his policy book that “candidates are incentivized to focus on large donations over small ones.” New York does have excessively high individual donation limits, at more than $65,000 for gubernatorial candidates. Cuomo writes that the only way to fix the situation is to offer matching funds for smaller donations, like the New York City system does.

The governor is also calling for laws mandating financial disclosures by local elected officials, which would institute requirements on officials not in state government, but municipal and county offices around the state, where there are not uniform requirements to create more transparency around potential conflicts of interest.

Cuomo is also again calling for extending the state’s Freedom of Information Law to the Legislature, which is not currently subject. He also calls for FOIL and the open meetings law to apply to state ethics monitors the Joint Commission on Public Ethics (JCOPE) and the Legislative Ethics Commission.

The governor is again calling for extending the power of the state Inspector General to nonprofits affiliated with the SUNY and CUNY systems, including their contracting processes. This reform relates to some of the alleged bid-rigging in Cuomo’s economic development programs. While Cuomo is open to the IG having more power, he continues to resist re-establishing the state Comptroller’s pre-clearance of contracts procured through SUNY-affiliated nonprofits.

On that same note, Cuomo is also again proposing the creation of a Chief Procurement Officer in order to “oversee the integrity” of contracting processes. Critics have called this potential position duplicative given the role of the Comptroller. The governor’s policy book notes, “despite existing legal safeguards, conflicts of interest and unlawful conduct may jeopardize the impartiality and objectivity of the current procurement process. This risk is further heightened by the significant amount of dollars spent by state and local public agencies, which exceeds tens of billions of dollars annually.”

Cuomo is also proposing legislation toward eventually creating a uniform contract-tracking system among various state entities that each currently use their own.

There is no indication of a new appetite for the voting, ethics, and campaign finance reforms that Cuomo has proposed before, and it is unclear if there will be support for some of the new proposals, like more transparency around digital political advertisements. Several of the proposals would likely pass if the state Senate flips to Democrats, which could occur at some point later this year. The governor must first call a special election for the 11 vacancies in the Legislature, two of which are in the Senate.

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by Ben Max, Gotham Gazette
     

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Cuomo's 2018 State of the State 'Reform' Agenda Largely Repeats Past Proposals Wed, 03 Jan 2018 05:00:00 +0000
Previewing Cuomo’s 2018 State of the State https://www.gothamgazette.com/state/7391-previewing-cuomo-s-2018-state-of-the-state https://www.gothamgazette.com/state/7391-previewing-cuomo-s-2018-state-of-the-state Cuomo State of the State Long Island

Gov. Cuomo (photo via The Governor's Office)


Governor Andrew Cuomo is set to deliver his 2018 State of the State address on Wednesday in Albany, at which he will outline his policy agenda for the year, his eighth as governor. A Democrat who plans to seek a third term later in the year, Cuomo has been rolling out planks of his State of the State agenda in the weeks leading up to the speech.

As of Wednesday morning, Cuomo had officially announced 22 pieces of the agenda, each in a separate press release from his office, some in conjunction with public events. They range from statewide proposals like environmental protections to more local topics, like fighting the MS-13 gang on Long Island, and also include promises to take away gun rights from domestic abusers, criminalize “revenge porn” and “sextortion,” invest further in his program to revitalize local downtown areas, and reevaluate the lower minimum wage allowed for workers who regularly receive tips. Most of the 22 planks have several parts that at times cover a lot of ground.

These announcements have come as Cuomo has been working to preempt, then react to recently-passed federal tax reform legislation that is opposed by New Yorkers across the political spectrum. While he’s put forth his initial 2018 agenda items, Cuomo has also been working to mitigate the effects of the tax reforms, which will likely force many New Yorkers to pay higher overall taxes, with measures such as allowing property tax prepayments.

Along with what he’s announced so far, there are a number of topics the governor is expected to address either through his State of the State speech or the policy book that typically accompanies it. That policy agenda, in combination with his executive budget proposal, also due in January, forms the initial blueprint for bargaining with the Legislature.

Cuomo's 18th plank came on Tuesday morning and deals with combating sexual harassment in workplaces, including throughout state government. Cuomo had indicated the would unveil comprehensive sexual misconduct legislation that strengthens harassment and discrimination laws in all industries, a response to the ongoing national reckoning, which has touched high-profile Cuomo donors Harvey Weinstein and Mario Batali as well as a now-former member of Cuomo’s administration, Sam Hoyt.

The governor recently made waves when he defensively responded to a reporter who asked him what he was going to do to root out sexual misconduct in state government. Speaking with a group of journalists, Cuomo told the female reporter who asked the question that singling out state government did a “disservice to women” because there are problems across industries and sectors. Cuomo vowed to deal with the issue holistically and said to look for plans during the State of the State. The governor’s response drew widespread criticism and he made efforts to clarify his intent while he also called to apologize to the reporter, Karen DeWitt of upstate public radio.

According to SUNY New Paltz political scientist Gerald Benjamin, Cuomo must further address the new tax code, signed into law by Republican President Donald Trump just before Christmas, while he also seeks attention for his other plans.

“The run-up to the State of the State is being overpowered by the debate over the federal tax changes. So, it’s taking the headlines and the governor is directly involved, when he’s using terms like ‘traitor’ to describe people,” said Benjamin. “The purpose of the early release of these items, one proposal at a time, is to control and direct the news flow. It’s a classic practice that has gone on over decades in New York.”

Cuomo recently told CNN hosts that even as he considers a legal challenge to the federal tax overhaul, “We're going to propose a restructuring of our tax code.”

“I'm not even sure what they did is legal or constitutional and that's something we're looking at now,” Cuomo added, referring to federal lawmakers. He said that the ways in which the reforms targeted heavily Democratic states like New York and California that have higher state and local taxes could be grounds for legal action.

Another piece of his agenda that Cuomo has already announced is his “Democracy Project,” which includes several measures to make online political advertisements more transparent; secure elections from cyberattacks, and improve New Yorkers’ access to the ballot box through measures like early voting.

The governor has not yet released any proposals around government ethics or campaign finance reform, which are annual topics of controversy in Albany. When Cuomo announced the Democracy Project, Gotham Gazette inquired whether New Yorkers should expect campaign finance and government ethics reform proposals from the governor. A spokesperson did not give an indication either way, but said the governor is committed to seeing his election reforms pass.

Cuomo has proposed such measures every year he has been governor, with some measures and half-measures passing on several occasions. But they have not stemmed the tide of corruption in state government. The spotlight will again be on Cuomo to make headway this year as several of his close associates are facing trial in early 2018 for their roles in an alleged bid-rigging scheme tied to Cuomo’s signature economic development programs.

“There may be a degree of uncertainty in this session because of the monumental scope and character of recent events, but the ethics question is going to be very important,” said Benjamin.

Voting, government ethics, and campaign finance reforms are among many of Cuomo’s 2017 policy proposals that did not materialize last year, either due to resistance from the Legislature, a lack of more aggressive lobbying by the governor, or other challenges.

While it was not part of his agenda last year, Cuomo has indicated that a congestion pricing plan for the New York City region will be part of his 2018 agenda, and he empaneled a commission to make recommendations that are due soon. The governor may release the details of his proposal as part of his State of the State, with the goals of reducing congestion on city streets, especially in Manhattan, and funding MTA repairs, but he may also wait for later in the year. There are host of other issues Cuomo may look to address, including major areas like affordable housing, education, and health care.

Ahead of Cuomo’s 2018 address, Gotham Gazette asked legislative leaders for what they would like to see on the governor’s agenda. Senate Minority Leader Andrea Stewart-Cousins -- who is in talks with Cuomo and members of the Independent Democratic Conference about a potential reunification deal if Democrats can secure a numerical majority in 2018 -- noted that New York faces a difficult economic reality due to actions taken by Trump and Republican lawmakers in Washington, D.C.

“We must find more ways to protect taxpayers and create good jobs, ensure access to quality, affordable healthcare for all New Yorkers, protect women's rights, ensure our education system receives the resources it deserves, repair and fully fund our decaying infrastructure and MTA, and stand up for vulnerable communities under attack by the Trump Administration,” she said. “We have a lot of work ahead of us, and Senate Democrats will push for action to be taken immediately.”

Assembly Minority Leader Brian Kolb, who was the first Republican to announce that he is running for governor in 2018, took aim at Cuomo.

“The priority in 2018 must be on setting an agenda that helps New Yorkers, rather than setting an agenda that helps presidential ambitions,” said Kolb, referring to Cuomo’s apparent interest in a 2020 presidential campaign. “We have an affordability problem that’s driving residents and businesses to other states. The growing infrastructure crisis is making everyday life more difficult for millions of New Yorkers. Endless unfunded mandates from Albany continue to drive up local property tax burdens. Billions in taxpayer dollars are spent on job-creation programs, with little return on investment. Government accountability and transparency have been ignored for too long. These are the priorities of the Assembly Minority Conference and I hope the governor and our legislative colleagues agree that they demand our immediate attention.”

Spokespeople for Republican Senate Majority Leader John Flanagan and Democratic Assembly Speaker Carl Heastie did not return requests for comment. While an IDC spokesperson did not return a request for comment, the IDC did unveil on Thursday its 2018 state budget agenda -- a spending plan for next fiscal year is due by its April 1 start.

Among other things, the breakaway group of eight Democratic senators led by Sen. Jeff Klein of the Bronx is calling for early voting, no-excuse absentee voting, dedicating a portion of New York City sales taxes toward MTA repairs, tax relief for many New Yorkers, and protecting health insurance for children from poor families.

In a statement accompanying release of the agenda, Klein said that the “budget addresses issues...we can advance to improve participation in our elections, enhance our children’s education, protect our workers, upgrade our infrastructure, and help our immigrant communities. As one state we must unite around passing a budget that achieves these goals that transcend party lines.”

As for Gov. Cuomo, he is returning this year to the typical State of the State address in Albany after he gave six smaller addresses around the state last year, finishing in Albany, which had been a break from tradition.

A running list of Cuomo’s 2018 proposals unveiled so far:

1. Removing firearms from domestic abusers - the legislation would build on existing restriction on gun ownership which currently only bars gun ownership from individuals convicted of a felony domestic abuse, not those convicted of a misdemeanor.
2. Protect the environment, protect the Hudson River - Governor Cuomo and Attorney General Eric Schneiderman will take immediate action to sue the federal government if the Environmental Protection Agency deems the Hudson River PCB dredging complete.
3. Round three of the Downtown Revitalization Initiative - Invest $100 Million in 10 Economic Development Regions and build upon first two rounds of downtown revitalization awards.
4. Cutting off the recruitment pipeline to eradicate MS-13 - A five-point plan to improve access to social programs, like after-school education and job training for at-risk youth. Additional support for unaccompanied minors and bolstered law enforcement in gang hotspots.
5. Examine eliminating the minimum wage tip credit to strengthen economic justice in New York State - Cuomo will direct the Commissioner of Labor to hold hearings to evaluate eliminating tip credit.
6. Continue to reduce the local property tax burden by making the state’s county shared services panels permanent - state funding for local government performance aid will now be conditioned on shared services panels.
7. Major investment to accelerate improvement at Niagara Falls Wastewater Treatment Plant - Invest $20 million to launch phase one of treatment plant overhaul to protect water quality. Commit $500,000 to accelerate studies of outfall, facility upgrades required by consent order issued by DEC.
8. New York will take legal action to halt a rail operator's plan to store thousands of railcars indefinitely in the Adirondack Park.
9. Fossil fuel divestment - Calling on New York State Common Retirement Fund to cease all new investment in entities with significant fossil fuel-related activities and develop a decarbonization plan for divesting from fossil fuels.
10. Bringing the New York Islanders home with a world-class sports and entertainment destination at Belmont Park - Internationally recognized destination will feature 18,000-seat arena, 435,000-square-foot retail and dining village, and new hotel.
11, Ending sextortion - sextortion and non-consensual pornography will be criminalized under state law and require registration as a sex offender and be punishable by jail time
12. Protecting New York’s Lakes from harmful algal blooms - a $65M investment to combat algal blooms that threaten recreational use of lakes and drinking water
13. Democracy Agenda - Protect integrity of New York Elections, require transparency for digital ads, and enact voting reforms.
14. Fast track state-of-the-art containment and treatment of U.S. Navy/Northrop Grumman contamination plume - Cites new analysis indicating it will be possible to fully contain and treat four-mile-long, two-mile-wide plume in Oyster Bay, Long Island.
15. Ensure students don’t go hungry - a five-point plan to combat hunger for students in kindergarten through college including requiring breakfast after the bell in schools, creating more pathways to healthy eating in schools, and ending practices that shame students who cannot afford school lunch.
16. Take further action to fight the burden of student loan debt. Planks include appointing a Student Loan Ombudsman; requiring colleges to provide simple 'truth in lending' facts for students; and increasing consumer protection standards throughout the student loan industry.
17. Invest $34 million to modernize and expand Stewart International Airport in Orange County. Cuomo proposes the Port Authority approve the investment, which would increase access to the Mid-Hudson Valley via construction of a permanent U.S. Customs and Border Protection federal inspection station, which would allow for both domestic and international flights. Cuomo is also proposing modernization efforts for the airport.
18. Combat sexual harassment in the workplace. "Cuomo will propose legislation to prevent public dollars from being used to settle sexual harassment claims against individuals, void forced arbitration policies in employee contracts, and mandate that any companies that do business with the state disclose the number of sexual harassment adjudications and nondisclosure agreements they have executed."
19. Strengthen workforce development. The governor is proposing "a comprehensive workforce development program to ensure all New Yorkers have access to training to meet growing workforce needs and continue to move New York's economy forward. The new Office of Workforce Development will implement a multi-pronged plan to strategically target local workforce needs in emerging industries across the state and help workers and businesses succeed in the 21st century economy."
20. "Combat climate change by reducing greenhouse gas emissions and growing the clean energy economy. By further strengthening the Regional Greenhouse Gas Initiative and welcoming new state members, New York will continue its progress in slashing emissions from existing fossil fuel power plants. In addition, unprecedented commitments announced today to advance clean energy technologies, including offshore wind, solar, energy storage and energy efficiency, will spur market development and create jobs across the state."
21. Taking steps to revitalize Red Hook. "[C]alling on the Port Authority and the Metropolitan Transportation Authority to study potential options for relocating and improving maritime activities and enhancing transportation access to Brooklyn's Red Hook neighborhood."
22. Overhaul the state's criminal justice system. "This comprehensive package - the most progressive set of reforms in the nation -- will guarantee fairness for the accused by reshaping New York's antiquated bail system, ensuring access to a speedy trial, improving the disclosure of evidence in the discovery process, transforming asset forfeiture procedures and implementing new initiatives to help individuals transition from incarceration to their communities."

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By Rachel Silberstein and Ben Max

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by Rachel Silberstein, State government reporter, Gotham Gazette
     

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Note: this article will be updated as the governor's office releases more proposals ahead of his speech.

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Previewing Cuomo’s 2018 State of the State Thu, 28 Dec 2017 05:00:00 +0000
Cuomo Unveils ‘Democracy Agenda’ of Ad Transparency, Election Security and Voting Reforms https://www.gothamgazette.com/state/7384-cuomo-unveils-democracy-agenda-of-ad-transparency-election-security-and-voting-reforms https://www.gothamgazette.com/state/7384-cuomo-unveils-democracy-agenda-of-ad-transparency-election-security-and-voting-reforms 38198034236 bf971489f7 z

Gov. Cuomo voting (photo: Kevin P. Coughlin/Office of the Governor)


Governor Andrew Cuomo on Thursday unveiled his “Democracy Agenda,” a plan to create more transparency in political advertising and require online platforms to archive political ads, protect state elections from hacking threats, and enhance voting opportunities.

The 13th proposal of the governor’s developing 2018 State of the State speech, the advertising transparency and cybersecurity initiatives are joined by three voting reform measures that were introduced by Cuomo last year but did not pass: early voting, automatic voter registration, and same-day voter registration.

"What we saw during the last election was a systematic effort to undermine and manipulate our very democracy," Cuomo said in a statement. "With these new safeguards, New York — in the strongest terms possible — will combat unscrupulous and shadowy threats to our electoral process, as well as break down fundamental barriers that for far too long have prevented New Yorkers from being heard and from exercising their right to vote."

In his 2017 agenda, Cuomo included the voting reforms as part of his 10-point government ethics program, which included strengthening campaign finance laws, such as closing the LLC loophole, which allows virtually unlimited donations to elected officials. None of the planks were passed, either in the budget in April or at the end of the legislative session in June.

A spokesperson for the governor’s office declined to reveal whether ethics and campaign finance reform will be introduced in a separate plank during the governor’s upcoming SOTS address, but said the administration was committed to getting the announced electoral reforms passed.

“In our political environment, it can sometimes takes multiple years for the legislature to pass reforms like these—as was the case with raise the age, the minimum wage increase, and even marriage equality, which failed in 2009 and then passed with bipartisan support two years later,” said Cuomo spokesperson Elizabeth Bibi. “This administration remains committed to modernizing our election process and will work with the legislature on this issue.”

The voting reform measures are not embraced by leadership in the Republican-controlled state Senate, which clings to power through a ruling coalition with breakaway Democrats, and Cuomo told reporters that there was “no appetite” from the Legislature to implement them during budget negotiations earlier this year.

After the legislative session, the governor did sign an executive order expanding the list of agencies required to provide voting registration assistance, but advocates said that the order could have gone further. For example, they say, a task force assembled by Cuomo to explore the implementation of these new rules could also study the costs and benefits of more meaningful electoral reform -- such as early voting and automatic registration -- in order to better sell the proposals to legislative leaders in 2018.

If passed, Cuomo’s early voting proposal would allow eligible New Yorkers to cast ballots up to 12 days before Election Day. Automatic voter registration would automatically register anyone who comes in contact with the Department of Motor Vehicles or other government agency unless the person chooses to opt-out, and same-day registration would allow New Yorkers to register to vote when going to the polls to cast their ballots.

Reform advocates praised the governor’s Democracy Agenda while urging him to include funding for the proposals in his upcoming budget.

“While Governor Cuomo's recent push in cyber security and transparency for elections is an important step forward to ensure that New York's elections remain fair and safe, our basic voting processes also demand improvement,” said Common Cause/NY Executive Director Susan Lerner, in a statement. “Common Cause/NY urges the Governor to include Early Voting in his upcoming budget to create a more equitable voting process for all.”

Cuomo’s democracy platform, as presented in a press release, focuses on the proliferation of “fake news” and political ad campaigns on social media platforms, which are not regulated in the same way as advertisements on traditional media platforms. Citing the influence of  “unscrupulous and disruptive actors” on the 2016 presidential election, Cuomo’s proposal would codify state regulations as introduced by United States Senate and House members to regulate online advertising for federal elections. The governor vowed to ensure that all social media platforms, and other states, adopt similar policies.

“As many as 126 million Americans are estimated to have seen Russian-bought political ads on Facebook alone last year, without realizing that they were seeing content paid for by Russia.  Additionally, 131,000 Twitter messages, linked to more than 36,000 Russian accounts, have also been identified,” states the press release from Cuomo’s office.

To ensure the fairness and transparency of New York elections, Cuomo has put forth a three-pronged strategy to: expand New York State's definition of political communication to include paid internet and digital advertisements; require digital platforms to maintain a public file of all political advertisements purchased by a person or group for publication on the platform; and require online platforms to make reasonable efforts to ensure that foreign individuals and entities are not purchasing political advertisements in order to influence the American electorate.

Violations of these requirements would be subject to a civil penalty of up to $1,000, according to Cuomo’s office.

The cybersecurity component seeks to keep elections uncorrupted by hackers. Earlier this year, following numerous reports of Russian meddling in the 2016 election, Cuomo directed the New York State Cyber Security Advisory Board to work with state agencies and the State and County Boards of Election to assess the threats to the cybersecurity of New York's elections infrastructure, identify security priorities, and recommend any necessary additional security measures.

As a result of this review, Cuomo says he is proposing a four-pronged approach to further strengthen cyber protections for New York's elections infrastructure: create an Election Support Center; develop an Elections Cyber Security Support Toolkit; provide cyber risk vulnerability assessments and support for local boards of elections; and require counties to report data breaches to state authorities.

Governmental reform advocates had praise for Cuomo’s proposals, as promoted through the governor’s press release.

"Our democracy urgently needs repair. Washington has not yet acted, but states can. Today New York lags behind many other states. With these reforms it can step into the lead, making it easier to register and vote, and protecting the system from abuse,” said Michael Waldman, president of the Brennan Center for Justice at NYU School of Law, in a statement.

He noted that automatic voter registration, if done right, could add millions to the rolls, cost less, and bolster security. Meanwhile, early voting and same-day registration would make voting far easier for working people.

“And it is vital to ensure that foreign governments and other malevolent actors can't distort elections with dark money ads or attacks on voting machines and databases. Governor Cuomo's agenda would be a powerful step forward. It's worth fighting for. We hope Albany listens," Waldman said.

The governor’s 13th State of the State proposal also received praise from Senator Todd Kaminsky, a Democrat from Long Island who has introduced similar legislation to prevent anonymous and false political attack ads on social media, and Kaminsky’s fellow Senate Democrats, who have long pushed for voting reforms like the ones unveiled today.

“I thank Governor Cuomo for joining this important effort to rid our election process of these false, misleading, and anonymous advertisements. These often dirty attacks that are aimed at providing misinformation to voters undermine our democracy. Voters deserve full transparency during their elections,” said Kaminsky. “It is important that we restore the voters' trust in government, and Governor Cuomo advancing this initiative will ensure we are able to take real steps to clean up campaigns in New York.”

Each year, ahead of his annual State of the State address, which for 2018 will take place on January 3, Cuomo typically previews several planks of his new agenda. Other initiatives unveiled so far have focused on environmental investment and protections, strengthening of labor laws, gun control, and returning the Islanders hockey team to Long Island.

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by Rachel Silberstein, State government reporter, Gotham Gazette
     

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Cuomo Unveils ‘Democracy Agenda’ of Ad Transparency, Election Security and Voting Reforms Thu, 21 Dec 2017 05:00:00 +0000
Cuomo Proposed New Wall Street Regulation, But Left It Out of NYC Speech https://www.gothamgazette.com/state/6712-cuomo-proposes-new-wall-street-regulation-but-left-it-out-of-nyc-speech https://www.gothamgazette.com/state/6712-cuomo-proposes-new-wall-street-regulation-but-left-it-out-of-nyc-speech Cuomo state of the state new york city

Gov. Cuomo (photo: The Governor's Office on flickr)


As part of his 2017 policy agenda, Governor Andrew Cuomo announced on Sunday a plan to ban bad actors from the financial services industry. Cuomo’s proposal would empower a state agency, the Department of Financial Services, with the authority to mete out such punishment to those deemed to have violated the public trust.

However, when he launched his three-day, six-event State of the State tour in New York City on Monday morning, just a few blocks from Wall Street, home to the country’s financial industry giants, Cuomo made no mention of the proposal, which his Sunday press release said would ”better help prevent situations like the one seen recently at Wells Fargo.”

Cuomo’s 2017 agenda has been defined by an overarching focus on addressing “middle class anger” stemming from economic anxiety and a lack of inclusion in the state’s overall economic recovery since the Great Recession. In his New York City speech he alluded to perpetrators whose behavior led to that economic downturn, Wall Street bankers and insurance companies responsible for the subprime mortgage crisis.

“In the recession of 2007 the middle class saw their hard earned equity in their homes stolen,” Cuomo said from 1 World Trade Center. “Nearly half the homes of our middle class are not yet back to their pre-recession value. Just think of it. That home equity was their life’s work, their security blanket, the payment for their daughter’s wedding, it was their business loan, and their child’s college tuition. It was taken through no fault of their own. But they never got it back and no one even went to jail. Justice was never done. And that is not the American way.”

The sixth plank from Cuomo’s 2017 policy agenda seeks to address that broader issue by giving the state Superintendent of Financial Services the ability to ban individuals from working in the banking and insurance industries in New York if they are found guilty of egregious wrongdoing.

That the governor didn’t bring it up in his roughly 45-minute speech appears to be an odd omission, given the location of the speech and the fact that parts of it were specifically tailored to New York City. The governor’s entire 2017 agenda does contain 149 proposals, though only 19 had been made public by the end of his two speeches on Monday. Cuomo did not mention every region-specific proposal at its relevant stop on his tour. The governor’s office told Gotham Gazette there is nothing to the fact that Cuomo did not discuss the proposal during his New York City speech.

“Under Governor Cuomo’s leadership, New York has made great strides in establishing a strong financial regulator and protecting consumers from unscrupulous practices,” said Abbey Fashouer, a spokesperson for the governor, in an email. “By banning bad actors from the financial services industry, we are taking another major step forward that will ensure that those who seek to defraud the hardworking people of New York are held accountable.”

The proposal is indeed an aggressive move to regulate the financial services industry and would give the Department of Financial Services (DFS) powers that federal regulators currently possess, a move allowed under federal law. “There is no federal preemption issue,” Department of Financial Services Superintendent Maria Vullo told Gotham Gazette. “National banks and financial institutions must comply with New York State law. The proposal is a New York State statute that would authorize the Department of Financial Services to pursue individuals who commit bad acts that impact New Yorkers.”

How the proposal will be received by state legislators and by those it seeks to regulate remains to be seen. The governor, in the announcement of the proposal, directly referred to the “excesses and systematic abuse” in the Wells Fargo case, where employees used customer information to create fake bank accounts and inflate their figures. A Wells Fargo spokesperson declined to comment on Cuomo’s proposal. Since the scandal broke in September, the bank has been attempting to make amends for its employees’ misdeeds. “We also recognize that aside from the financial impact, we’ve broken trust with some customers and...our priority is to restore trust with our customers,” Wells Fargo executive Justin Thornton told the Wall Street Journal in December.

The governor’s proposal has not been fleshed out entirely and state legislative leaders have yet to weigh in. “We will review it once we see the language,” said Mike Whyland, spokesperson for Democratic Assembly Speaker Carl Heastie, in an email to Gotham Gazette. Republican Senate Majority Leader John Flanagan’s office did not respond to a request for comment.

Cuomo’s proposal indicates a plan to expand financial services law, but without further clarity or bill language, legislators, industry representatives, advocacy groups, and others have little to go on.

“The New York Insurance Association (NYIA) will be reviewing the proposal and considering whether or not the measures outlined are an appropriate approach,” said Ellen Melchionni, president of the insurance trade association, in a statement.

Cuomo created the Department of Financial Services in 2011, shortly after taking office as governor, in order to create stronger oversight of the industry, which calls New York home. Since, DFS and other state entities, like the Attorney General’s office, have reached billions of dollars in settlements with financial institutions.

Marcus Stanley, policy director for Americans for Financial Reform, a nonpartisan coalition that focuses on accountability in the industry, said the governor’s proposal was a “standard thing” for a state regulator. “I’m surprised they don’t have it already,” he said. He noted that despite numerous instances of misconduct over many years, federal regulators have tended not to use their power to ban individuals from the industry. “It’s a good thing for states to step into the gap,” he said. Although, he added, “It depends on whether they use [that power] and how they use it.”

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by Samar Khurshid, senior reporter, Gotham Gazette
     

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Cuomo Proposed New Wall Street Regulation, But Left It Out of NYC Speech Thu, 12 Jan 2017 05:00:00 +0000
A Cheat Sheet to Governor Cuomo's 2017 State of the State Proposals https://www.gothamgazette.com/state/6710-all-of-governor-cuomo-s-2017-state-of-the-state-proposals https://www.gothamgazette.com/state/6710-all-of-governor-cuomo-s-2017-state-of-the-state-proposals Cuomo State of the State image presser

Gov. Cuomo (photo: Governor's Office on flickr)


Breaking with decades of tradition, Governor Andrew Cuomo decided this year to deliver a series of State of the State addresses, making six speeches over three days to outline his 2017 agenda and tout some of his accomplishments during his first six years as governor.

Cuomo began his six-stop tour in New York City on Monday, January 9 and concluded it in Albany on Wednesday, January 11. He tailored each speech and presentation to the particular region, and, in total, his administration announced 37 often broad proposals, most with several sub-planks. For example, there are 10 points to the 35th proposal, which is restoring trust in government through sweeping ethics reform. The governor has a nearly 400-page policy book that he is delivering to the Legislature and has made public. The books contains about 150 proposals in sum.

Some of the proposals are region- or city-specific, many are for the entire state. Various elements will need approval from or compromise with the Legislature. Cuomo starts the year feuding with legislative leaders, especially Senate Majority Leader John Flanagan, a Long Island Republican, and Senate Minority Leader Andrea Stewart-Cousins, a Westchester Democrat.

After outlining his policy agenda for 2017, Cuomo must release his Executive Budget proposal for the 2017-2018 fiscal year, then negotiate with legislative leaders, particularly Flanagan and Assembly Speaker Carl Heastie, a Bronx Democrat. Senate Independent Democratic Conference Leader Jeff Klein, of the Bronx, will also be heavily involved in negotiations -- the IDC is again forming a coalition with Senate Republicans. A new state budget is due by April 1.

A cheat-sheet to Cuomo's State of the State proposals:

1. Tuition-free public college for middle-class students:
-Ultimately tuition will be free for families/individuals earning less than $125,000 per year
-This program will be phased in over three years--it’ll be for people and families earning less than $100,000 in Fall 2017, going to $110,000 in 2018 and $125,000 in 2019
-The program, the Excelsior Scholarship, was unveiled by Cuomo with Senator Bernie Sanders
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2. Transforming Kennedy Airport:
-It would involve improving roadways around the Airport to reduce congestion
-He would also either, 1. Increase the capacity of the AirTrain, or 2. Have a 1-seat ride from Manhattan to JFK
-Cuomo also wants to connect all the terminals at JFK
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3. Expanded Child Care Tax Creidt:
-Child care tax benefits would increase for those making at least $50,000 a year but less than $150,000 a year
-Those earning between $60,000 a year and $150,000 a year will see their benefits more than double under this plan
-Over 200,000 taxpayers affected
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4. Protecting New Yorkers from Cyber Attacks:
-Cuomo proposes strengthening cybercrime and identity theft laws
-Cuomo wants to “establish a Cyber Incident Response Team within the office of Counter Terrorism.”
-This team “will serve as a go-to resource for non-Executive agencies, local governments, and public authorities in how to better protect their information technology assets, critical operating systems and data from cyber-attacks, malware and ransomware.”
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5. Protecting Seniors from Financial Exploitation and Foreclosure
-Establish “an Elder Abuse Certification Program for banks located in New York State, amending the banking law to empower banks to place holds on potentially fraudulent transactions, and strengthening legislation that will protect senior homeowners with reverse mortgages.”
-Several measures to further protect seniors from financial exploitation
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6. Banning Bad Actors from the Financial Services Industry for Egregious Conduct
-This proposal would “empower the state Superintendent of Financial Services to ban certain bad actors from the banking and insurance industries for misconduct like that seen in the Wells Fargo scandal.”
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7. Further Strengthen New York’s Efforts to Crack Down on Wage Theft
-“[A]mend State law to hold the top 10 members of out-of-state limited liability companies personally financially liable for unsatisfied judgments for unpaid wages.”
-Such laws apply to in-state Limited Liability Corporations (LLCs) but not out-of-state LLCs.
-“Further, the Governor will advance legislation to empower the Labor Commissioner to directly enforce all wage liabilities on behalf of workers with unpaid wage claims. Combined, these measures will get more money back into the hands of the hardworking New Yorkers who earned it.”
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8. Install Over 500 New Charging Stations to Promote Electric Vehicle Use
-500 new workplace charging stations
-69 charging stations along the New York State Thruway
-Encourage electric motor vehicle use and cut down on greenhouse gas emissions
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9. Modernizing Voting in New York to Increase Participation in the Democratic System
-“[A]llow early voting, and adopt both automatic voter registration and same day voter registration.”
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10. Close Indian Point power plant by 2021
-Unit 2 Reactor to close April 2020 and Unit 3 Reactor April 2021
-End use of a plant with numerous safety violations
-“Current Indian Point Employees will be Offered relocation and opportunities with other plants and utilities within the state; training in renewable technologies"
-“Entergy will provide $15 million in funding for environmental and community benefits"
-Cuomo is working on replacement resources so that there can be no cost increases in electricity after Indian Point closes
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11. Invest $650 Million to Fuel the Growth of a World-Class Life Sciences Cluster in New York
-$250 million for tax incentives for life science companies
-$200 million for “state capital grants to support investment in wet-lab and innovation space”
-$100 million for “investment capital for early stage life science initiatives”
-At least $100 million for “operating support from private sector partnerships”
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12. Launch the “New York Promise” Agenda to Advance Social Justice and Affirm New York’s Progressive Values
-Reforms of the Criminal Justice System including “overhauling New York’s antiquated bail system, ensuring access to a speedy trial, raising the age of criminal responsibility, improving witness identification procedures, recording police interrogations for serious offenses, and extending the Hurrell-Harring settlement reforms statewide.”
-Signed two executive orders to make it more likely for people to get equal pay for equal work.
-Help immigrants by “implementing the Empire State Immigrant Defense Project; expanding the naturalization services offered at the state’s Office of New Americans; pressing for passage of the DREAM Act; and convening the New York State Blue Ribbon Panel on Immigrants to make recommendations that support the integration and success of immigrants and their families.”
-Establish a Statewide Hate Crimes Task Force
-Form an Interfaith Advisory Council led by Cardinal Dolan to “help achieve a greater understanding and tolerance of all religions and cultures, promote open-mindedness and inclusivity, and bolster the state’s efforts to protect all New Yorkers.”
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13. Expand After-School Education to Children in High-Need Areas Across the State
-$35 million pilot program
-“[C]reate 22,000 new after-school slots in high-need areas across the state.”
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14. Lower Regional Greenhouse Gas Initiative Cap by 30 Percent Between 2020 and 2030
-Cuomo “has called upon RGGI states to join New York in an effort to continue to lead the fight against climate change and drive the nation’s transition toward a clean energy economy.” (RGGI = Regional Greenhouse Gas Initiative)
-Lowers greenhouse gas emissions in New York and other states
-“By reviewing the RGGI program and adjusting the cap to reflect the progress made in just a few short years, New York and neighboring states will continue to reduce emissions annually after 2020 and ensure that power sector emission reductions continue through 2030.”
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15. Regional Investments to Move New York City Forward
-Investments in New York City’s outer boroughs
-$50 million investment in the Montefiore Health System
-Transform health and wellness in Brooklyn through measures such as affordable housing with “features such as exercise rooms, rooftop gardens, and health clinics,” the expansion of New York’s Land Bank Program, and the establishment of “Brooklyn as a primary location for the FreshConnect Mobile Markets and FreshConnect Checks program expansion to increase access to healthy foods in the area.”
-Permanent toll reductions at the Verrazano Narrows Bridge for Staten Island residents
-$10 million for upgrading the Orchard Beach Pavilion in Pelham Bay Park
-$108 million for the redevelopment of the Kingsbridge Armory in the Bronx
-“[I]ncorporate the Institute for Basic Research in Developmental Disabilities into CUNY”
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16. $500 Million Buffalo Billion Phase II ("Buffalo Billion squared")
-“[E]xpansion of the Buffalo Billion initiative to continue building on the renewed economic engines and reinvigorated civic spirit throughout Buffalo and the entire Western New York region.”
-“[I]mplement revitalization and smart growth efforts; improve workforce development and job training; grow advanced manufacturing, tourism and life sciences; and connect communities and economic progress through rail expansion.”
-“[D]evelop a new commuter rail and multi-modal station in downtown Buffalo and completing Buffalo’s light rail extension to University at Buffalo’s North Campus will provide 20,000+ students access to downtown Buffalo and the waterfront, as well as connect urban job seekers with suburban employment centers, helping Buffalo to deliver economic inclusion for all the region’s workers.”
-A Buffalo Blueway, which would “create a network of expanded public access points to waterways and historic, cultural and natural assets to spur revitalization and tourism in the Buffalo/Niagara Region.”
-Investment at the Buffalo Niagara Medical Campus
-Doubles down on program with widespread alleged corruption involving Cuomo aides, associates, and donors
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17. Invest $2 Billion in Clean Water Infrastructure and Water Quality Protection
-“[I]nvestment in drinking water infrastructure, wastewater infrastructure and source water protection.”
-“Funding for projects will prioritize regional and watershed level solutions, and incentivize consolidation and sharing of water and wastewater services.”
-Drinking water and wastewater infrastructure upgraded
-Advanced treatment installed for both drinking water and wastewater, and advanced filtration systems installed for drinking water
-Green infrastructure and open spaces built for source water protection
-“[E]nsuring proper management and storage of common contaminants like manure and road salt to prevent runoff; and increasing the state Superfund to expedite the cleanup of hazardous waste that may impact sources of drinking water.”
-Follows (ongoing) water quality crisis in Hoosick Falls and questions about water quality in other places in New York
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18. Enable Access to Ride-hailing Apps Throughout New York
-Ride-hailing apps are legal and regulated in New York City but not in the rest of the state
-Legalize and regulate throughout the state
-Create regulatory framework including zero-tolerance policy with drugs and alcohol, DMV licensing and regulating of ridesharing companies, consumer protections for users, and more
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19. New $10 Million Photonics Venture Challenge in Rochester
-“This business competition will aim to support start-up companies that commercialize these rapidly developing technologies through a business accelerator program and a top award of $1 million to the most promising start-up company.”
-“[M]odeled after Western New York’s 43North, a $5 million start-up competition funded by Governor Cuomo’s Buffalo Billion initiative where cash prizes are awarded to some of the best entrepreneurs and start-ups from around the world.”
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20. Complete the Empire State Trail by 2020
-“The state will develop 350 miles of new trail in three phases to create a 750-mile pathway for hiking and biking along scenic vistas and through charming, historic communities.”
-“The Empire State Trail will span much of the state, from the New York Harbor up through the Adirondack Mountains to the Canadian border – and from the shores of Lake Erie along the historic Erie Canal to the heart of the Capital Region.”
-Gaps closed in the Erie Canalway and the Hudson River Valley Greenway, as well as connect the two trails
-When complete, “the largest state multi-use trail in the nation.”
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21. Build the Town of Woodbury Transit and Economic Development Hub
-“[E]xpand the Route 32 corridor, replace the Route 32 bridge over Route 17, reconfigure the ramp leading to the New York State Thruway, and add a solar-powered bus station and a commuter parking lot and an interconnected traffic system to improve access and allow for increased commercial activity.” (Orange County)
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22. Extend the Empire State Excellence in Teaching Awards
-Honor 60 additional teachers
-“Winners will receive an honor from the Governor, the opportunity to advise education policy makers, and a stipend of $5,000.”
-“The funds can be used for continued learning and professional endeavors.”
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23. Empower Voters to Reduce Property Taxes and Costs of Local Government
-This plan “requires county officials to develop localized plans that find real, recurring property tax savings”
-Cost-saving plans would be up for voter referendum in the November 2017 elections
-“If the plan is not approved by a majority of voters, the county government must prepare a new plan for approval in November 2018.”
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24. $160 Million to Transform Long Island
-$80 million for improvements at 16 LIRR Stations
-$40 million will “support economic growth, environmental sustainability and water quality in business districts in Smithtown and Kings Park.”
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25. Nation's Largest Offshore Wind Energy Project Off Long Island Coast and Unprecedented Commitment to Develop up to 2.4 Gigawatts of Offshore Wind Power by 2030
-Long Island Power Authority to approve of a wind project 30 miles southeast of Montauk, for 90 megawatts of power
-“[A]n unprecedented commitment to develop up to 2.4 gigawatts of offshore wind power by 2030, enough power generation for 1.25 million homes and the largest commitment in U.S. history.”
-“[C]alls on state agencies to ensure a 79,000 acre lease area capable of siting approximately 800 megawatts of offshore wind off of the Rockaway Peninsula is developed cost-effectively and responsibly to customers.”
-Help New York reach its goal of 50% of energy needs met by renewable sources by 2030
-“[T]he Department of Environmental Conservation and the New York State Energy Research and Development Authority to undertake a comprehensive study to determine the most rapid, cost-effective, and responsible pathway to reach 100 percent renewable energy statewide.”
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26. Actions to Combat the Heroin and Opioid Epidemic in New York
-"[E]liminate insurance prior authorization for inpatient treatment to include outpatient treatment.”
-“[T]en 24/7 urgent access centers with crisis intervention on-call services, one in each region of the state.”
-“[R]equire emergency department prescribers to consult the Prescription Monitoring Program Registry to combat “Doctor Shopping"
-"[L]egislation to create New York’s first recovery high schools in regions of the State hit especially by the disease of addiction.”
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27. "Buy American" Plan will Implement the Nation's Strongest State Procurement Laws Mandating the Preference of American Products
-"[A]ll state entities will be required to give preference to American-made goods and products in any new procurements more than $100,000.”
-Other states have “buy American incentives” and New York is missing out on the opportunity to incentivize people to buy American
-“To qualify as “American-made” under Governor Cuomo’s proposal, end manufacturing processes should take place in the United States and more than sixty percent of the components of the manufactured good should be of domestic origin.” There are a few exceptions to this requirement, though.
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28. Saab to Establish North American Headquarters for Defense and Security Division in New York State
-Saab is in military defense and civil security, and will invest $55 million to relocate to New York State.
-Saab plans “strongly align with the region’s “CNY Rising” Upstate Revitalization Initiative (URI) plan.”
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29. New Independent Study of All Possible Options to Replace I-81 Viaduct in Central New York
-This viaduct is in Syracuse and is in need of a replacement
-“The New York State Department of Transportation will engage an independent expert with international tunnel expertise to conduct the study.”
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30. $45 Million Revitalization of Syracuse Hancock International Airport
-“[W]ide-scale redesign of the grand hall, food, beverage and retail concessions, and the exterior façade. In addition, a new Regional Aviation History Museum, glass pedestrian bridge, and eco-friendly roof will be built along with new flooring and furniture to provide a welcoming atmosphere for travelers from across the world.”
-Expected to create 850 construction jobs
-Additional funding will come from the airport, county, and federal government; with estimated completion date in 2019
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31. Foster the Industrial Hemp Industry in New York State
-“[T]he Governor has proposed to amend legislation to further grow the industry and authorize farmers to work with the state to conduct hemp research as an agricultural commodity.”
-“[T]he Governor will host the first-ever Industrial Hemp Summit in the Southern Tier”
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32. $38 Million Revitalization of Plattsburgh International Airport
-Modernize the airport, including “the construction of a new air cargo receiving and distribution center.” This “will allow existing manufacturers to transport their own materials, create jobs, and attract new companies to the region.”
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33. Protect New Yorkers from Soaring Prescription Drug Prices
-Three-pronged plan. One, to “effectively create a price ceiling for certain high cost prescription drugs reimbursed under the Medicaid program by requiring a 100 percent supplemental rebate for any amount that exceeds a benchmark price recommended by the state's Drug Utilization Review Board.”
-Two, to have “a surcharge on any amount by which the price of these high-priced drugs exceeds the benchmark recommended by the Drug Utilization Review Board in the Medicaid context, when these drugs are sold into the state.”
-Three, to have Pharmacy Benefit Managers register with the State, “and be subject to new regulations requiring disclosure of financial incentives or benefits for promoting the use of certain drugs, as well as other financial arrangements affecting customers.”
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34. Launch the Empire Star Public Service Award to Recognize the Meaningful Contributions of Public Employees
-Award will go to those who “go beyond simply what is routinely asked of them and display an admirable level of dedication and pride in their work.”
-“Individuals or teams will be nominated by their fellow state employees via the Empire Star Public Service Award website and an Awards Selection Committee will review all nominations and recommend winners to the Governor.”
-Winners get a $5,000 scholarship for professional development.
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35. Restoring the Integrity and Accountability of State Government Through Comprehensive Ethics Reform
-Ten-point plan: limiting outside income and having a full-time Legislature (imposed through constitutional amendment), term limits (imposed through constitutional amendment), “requiring members of the Legislature to obtain an advisory opinion before earning outside income,” closing the so-called LLC Loophole and other campaign finance reforms including a public-financing system, “subjecting local elected officials to financial disclosure requirements,” reform to the state’s Freedom of Information Law, “expanding the State Inspector General's authority to SUNY and CUNY not-for-profits,” “new Inspectors General for the Port Authority and the State Education Department,” and “ensuring greater oversight of the state's procurement process.”
-Governor Cuomo: “State government must do more to restore the public trust because as public servants we earn the trust of the people we serve. Unfortunately, in Albany there have been a series of breaches of that trust. We must take action to show the people of this state that we get it, and that when someone does something wrong, they are punished to the full extent of the law and we have a system that is going to catch them. We have been doing historic work at the state level – the government is doing more than ever before – but imagine what we could do if we had the complete confidence of the people. If we had that confidence, there is nothing we couldn’t do – and I am not going to stop until I get there.”
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36. Grow New York's 21st Century Workforce and Advance the Tech Economy
-Ideas including establishing a Tech Workforce Training Fund; starting the the New York Tech Workforce Development Task Force; starting more Early College High Schools, which would “provide high-performing, at-risk students the opportunity to receive hands-on training, a free associate’s degree and first-in-line job opportunities upon graduating; expanding the Master Teacher Program so that more teachers are trained in computer science; and establish what Cuomo calls a “tech workforce training fund.”
-Launch the New York Tech Workforce Task Force, “a body of industry experts, academic leaders, and state officials who will inform New York’s K-12, college, workforce and economic development investments and ensure their continued alignment with 21st century workforce demands.”
-A tax credit for incumbent worker training.
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37. Encourage Recent College Graduates to Become First-Time Homeowners in Upstate Communities
-“Graduate to Homeownership” program would help recent college grads with homebuyer assistance to purchase homes upstate so that college grads can remain upstate.
-According to the Governor, “This $5 million pilot program will incentivize homeownership with subsidized low interest loans, down payment assistance and homebuyer education courses to encourage young people to stay and continue revitalizing Upstate New York’s downtown areas.”
-This is an initial pilot program of $5 million aimed at keeping upstate students in their home or school communities and reversing population and job losses.
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Governor Cuomo's full 2017 State of the State policy book

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by Brendan Birth and Ben Max

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by Ben Max, Gotham Gazette
     

Read more by this writer.

Note: this article has been updated.

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A Cheat Sheet to Governor Cuomo's 2017 State of the State Proposals Wed, 11 Jan 2017 05:00:00 +0000