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Key Takeaways: How the State Budget Impacts New York City


Cuomo

(photo: The Governor's Office)


Early Saturday morning, the New York State Legislature finalized a new $168 billion budget ahead of the April 1 start to the 2019 fiscal year. The process to agree on the budget heavily involved four men -- Democratic Governor Andrew Cuomo, Democratic Assembly Speaker Carl Heastie, Republican Senate Majority Leader John Flanagan and Senate Independent Democratic Conference Leader Jeff Klein -- in the usual largely closed-door process.

When a deal was reached, the various parties sought to claim victories, including, for the Senate GOP, about what was not in the budget. The list of stated priorities for Cuomo, Heastie, and Mayor Bill de Blasio that were not included is indeed fairly long, and includes criminal justice, election, and campaign finance reforms; additional taxes and more speed cameras around city schools; and much more. 

But, along with the basics of a spending plan that funds state government and sends aid to localities, chiefly for education and Medicaid, there was quite a bit that did make it into the budget deal.

Cuomo is touting the budget’s inclusion of added funding for New York City public housing (NYCHA), anti-sexual harassment legislation, and a new state tax code that aims to blunt the impact of the new federal tax code. The governor, who is seeking a third term this year, is also boasting about measures to remove guns from those convicted of domestic violence, what he calls a first step toward a fuller congestion pricing plan for New York City, and more.

“The budget hit the priorities that we had set out,” Cuomo said Friday night in Albany after the budget passed. “When we started we said, number one, we have to defend against that federal tax increase, number two invest in education, three fight sexual harassment, four protect our democratic process, safeguard the environment, and grow the economy.”

Mayor Bill de Blasio, for his part, called the new state budget a “mixed bag” for the city. Though de Blasio was forced into sending more than $400 million to the MTA for the Subway Action Plan, he commended the governor for heeding his call to allocate more resources to the ailing subway system. 

“When it comes to the subways, Mayor de Blasio has always demanded two things: significant movement by the state toward a real plan, and a dedicated lockbox so city riders' money goes toward fixing city subways,” said de Blasio spokesperson Eric Phillips in a statement to Gotham Gazette on Monday. “This budget appears to respond to the Mayor’s demands on behalf of the city’s straphangers. There are no excuses left for the Governor to hide behind. He must do his job and fix the subways.”

It was a sentiment de Blasio presented during a NY1 appearance Monday night. There are a number of provisions in the budget that de Blasio disagrees with, including an impending independent monitor to oversee the spending of the new NYCHA funds. The mayor also said he’s disappointed about measures that did not make it into the budget, like the additional speed cameras that he says would save lives.

City Comptroller Scott Stringer and City Council Speaker Corey Johnson were pleased that the city would pay for half of the Subway Action Plan. “For months and months since, we’ve continuously released alarming reports that have spotlighted the delays underground, the economic ramifications of slowdowns, and the crisis in our transportation systems. Each time, we’ve continued to call for the full funding of the emergency plan. It has always been the right thing to do,” Stringer said in a press release on Friday. “Today, it appears action is finally happening. We’re glad to see the City taking this step forward.”

“I applaud @NYCMayor Bill de Blasio for this decision,” Johnson tweeted on Saturday of the move to agree to pay the 418 million toward mending the subway. “As I've said for months, the subways are in crisis and we must work together towards a solution.”

The MTA Action Plan funding the city will put forth is one of a number of key takeaways from the state budget for New York City.

More Transportation
While the budget included a surcharge on for-hire vehicles, such as taxis and Ubers, traveling below 96th Street in Manhattan, there is no comprehensive congestion pricing plan. After reversing course on congestion pricing last summer, Governor Cuomo formed the Fix NYC Advisory Panel, which recommended a comprehensive congestion pricing plan with three phases over three years; Cuomo never officially endorsed the plan. 

The governor faced headwinds in both the Assembly and Senate, and the budget includes only the surcharge on for-hire vehicles, aimed at reducing traffic in Manhattan and producing an estimated $400-plus million in annual revenue for the MTA. In addition, the budget includes funding for over 50 new bus lane enforcement cameras.

NYCHA
The budget includes a new $250 million investment in the troubled New York City Housing Authority. Governor Cuomo in March vowed not to sign a budget that didn’t include additional funding for NYCHA as he assailed de Blasio and NYCHA leadership for its management and the crises at public housing, notably those related to lead paint and heat, as well as mold and general disrepair. The new money will be added to previously allocated state funding that hasn’t been spent, totaling $550 million. 

The money comes with a catch, though: spending will be overseen by an outside private contractor chosen by the mayor, the City Council, and NYCHA tenant leadership.

“In the situation of NYCHA, it’s so bad that New York State has stepped in,” Cuomo said. Cuomo declared a state of emergency for NYCHA in an executive order on Monday.

“When I go, cameras come,” he said in his state Capitol Red Room announcement of a budget deal on Friday night, around 9 p.m., “and I wanted New Yorkers to see how deplorable these conditions were.”

The new state investments and oversight come as the federal government has also added checks on NYCHA operations, with more possibly coming soon as the result of an ongoing federal investigation.

Some have connected Cuomo’s recent interest in NYCHA -- he’s made more visits in the last month than in his prior seven years as governor combined -- to both an opportunity to vilify his rival de Blasio and the primary challenge he’s now facing from Cynthia Nixon, who also recently visited NYCHA, as the guest of Brooklyn Borough President Eric Adams. Nixon said there should be a $1 billion state investment.

The Assembly’s one-house budget had included $275 million in additional funding for NYCHA, while the Senate’s had included no additional funding.

The state budget also gives NYCHA design-build authority for critical repairs, allowing for a streamlined procurement and construction process and should help speed timelines for things like boiler replacements.

Design-Build
Speaking of design-build, the budget allows the City of New York to use it in three areas: NYCHA, Rikers Island replacement jails, and the Brooklyn-Queens Expressway. 

Design-build allows both the design and construction of a capital project to be consolidated into one contract for one firm, shortening the project timeline, decreasing costs, and increasing efficiency. This stands in contrast to the currently allowed procurement process of design-bid-build, which requires separate bids for the design and construction aspects of a capital project.

The city has asked for design-build authority for all of its capital projects, or for a longer list than the three, but has long been met with heavy resistance from the state Legislature and a seemingly limited push by Cuomo, who had omitted design-build for the city from his January budget proposal despite continually touting its impact on state projects. The state has used design-build for several of its recent high profile capital projects, such as the Tappan Zee Bridge and the Kosciuszko Bridge.

Design-build authority should allow the city to speed its ten-year plan for closing Rikers Island jails completely, and will allow it to make long-planned, critical infrastructure repairs to the BQE. On the latter, city DOT Commissioner and MTA Board member Polly Trottenberg has estimated savings of $113 million and a construction timeline shortened by two years.

Penn Station
The governor’s transit zone value capture proposal to fund the MTA, which faced major criticism from city elected officials as a raid on city property tax revenue, did not make it into the final budget. But a somewhat related and also controversial measure did make it into the budget: the state has more authority around Penn Station, though not nearly as much as Cuomo had sought in a last-minute proposal, according to de Blasio. The mayor said Monday night on NY1 that what was passed was nothing like what Cuomo had floated that would have given the state authority over a wide swath of land -- reaction from city officials had been swift and harsh. 

In the budget announcement Friday night, Cuomo framed the issue as a matter of safety, acknowledging, though, that the final language dealt more with Penn Station itself than the surrounding area.

“This is not just a transportation issue this is a public safety issue,” Cuomo said. “Current Penn Station is dangerous especially in this age of terrorism.” The administration claimed that Penn’s poor infrastructure and layout, and heavy congestion, was an attractive target for a terrorist attack, and that the state needed to utilize eminent domain in order to reduce security threats.

Education
The state’s public schools will see an increase of $1 billion in school aid in the new budget. This is above the governor’s originally proposed $769 million increase and the Senate’s proposed $717 million increase, but below the Assembly’s proposed $1.5 billion increase. Out of the $1 billion increase, New York City will receive $334 million, bringing the state’s total funding for New York City schools to $10.54 billion, including $7.76 billion in Foundation Aid. 

Cuomo also won a significant new oversight power over the city’s schools. The budget requires certain school districts, such as New York City, to report spending of state funds on a per-school basis. Cuomo has argued that the issue with schools funding is one that can be fixed with better management, not more money.

“How much did the high performing schools in this borough get? How much does a student in the chronically failing school get? We’ve never had that conversation,” he said on The Brian Lehrer Show in late March. “And you can’t even find the information. And I said, in this budget, in January, ‘that’s the relevant conversation.’ It’s not how much money do you spend, we spend more than anybody else.”

Cuomo originally proposed a more far-reaching program that would require the state to approve budgets for large school districts.

De Blasio doesn’t buy Cuomo’s argument, and has said there is more information about school spending already available than Cuomo recognizes. In his own appearance on The Brian Lehrer Show, de Blasio criticized the governor for continuing to fail to fulfill the terms of a decade-old court ruling mandating more equitable funding for schools statewide.

“Of course it’s about the money,” de Blasio said. “The governor often likes to put out these ideas without having the facts behind them. There’s a huge amount of information that is publicly available on how much we spend on each school.”

Total education spending by the state in the enacted budget is $26.7 billion.

Beyond school aid, it also includes a $50 million increase in funding for community schools and a $15 million increase for pre-kindergarten, as well as investments in the No Student Goes Hungry program, after-school programs, and an $81 million increase in charter school funding. An expansion of the state’s school breakfast program will allow the city, which already has a “Breakfast After The Bell” program in elementary schools, to expand to middle schools and high schools, according to a statement from Hunger Free America.

Criminal Justice
Cuomo’s criminal justice reform package is entirely absent from the enacted budget, a blow to New York City leaders and advocates who have been among the loudest voices calling for things like bail reform and tying them to closing the jails on Rikers.

Cuomo had proposed a eliminating money bail for nonviolent felonies and misdemeanors, but despite support from the Assembly the Senate would not allow the measure through.

The same goes for Cuomo’s proposed reform of the state’s maligned discovery process, which would have required timely sharing of potentially exculpatory information by prosecutors with the defense but had been criticized by advocates for giving prosecutors a virtually unlimited right to redact information; the proposed speedy trial reform, which would have expedited the court process in order to avoid long pretrial detention; and the proposal to add strict limitations on asset seizure by police and new programs to support re-entry into society by ex-convicts.

The budget cuts the state’s $41 million funding of the Close to Home program, which places incarcerated juveniles in rehabilitation facilities in or close to the city in order to keep them close to their families and maintain continuity and help them advance and transition. As noted by Chronicles of Social Change, the cut comes just as New York’s juvenile detention facilities are preparing for an influx of new detainees, since the recently passed Raise the Age legislation will place 16- and 17-year-old offenders in the juvenile justice system rather than the adult criminal justice system.

Administration for Children’s Services Commissioner David Hansell referred to the cuts as “troubling,” according to New York Nonprofit Media. Other proposed cuts to child welfare services at ACS that were in Cuomo’s executive budget did not come to fruition.

The Child Victims Act, which would significantly lengthen the statute of limitations on prosecuting childhood sexual abuse and would create a year-long “lookback period” to re-open “time-barred” cases, also failed to make it into the budget. Despite the governor’s heavy support for the bill and the backing of celebrities, victims, and advocates, the CVA was once again killed by Senate Republicans, with the backing of the Catholic Church. Senate Majority Leader Flanagan said on The Capitol Pressroom radio program on Tuesday that his conference is open to continuing discussions about a change in the law.

The highest profile criminal justice item to make it into the budget is a ban on sex between police officers and individuals in police custody. This was spurred by the alleged sexual assault of Anna Chambers, who said she was raped by two NYPD officers while in their custody. The defendants, Richard Hall and Eddie Martins, who each quit the force days before a scheduled internal trial, claimed in their defense that the sex was consensual. The new state law makes it illegal regardless of any notion of consent.

Health Care
According to Cuomo, the budget includes $18.9 billion in state Medicaid spending. Much of the state’s Medicaid program is funded by the federal government; the total cost of the state’s Medicaid program is in excess of $70 billion.

The budget includes $1.1 billion in funding for Medicaid Disproportionate Share Hospital, a federal program that disperses funds to hospitals that serve a large number of patients who are either uninsured or on Medicaid. Last year, New York City Health and Hospitals Corporation received $360 million in DSH funds withheld by the state in the midst of proposed federal cuts to the program. The state, facing a $4 billion deficit, suggested the city tap into its own reserves to finance the ailing city hospital network.

As the budget wrapped up, the Cuomo administration and the Legislature negotiated a deal that would enable the government to capture $2 billion from the sale of health care provider Fidelis to Centene Corporation. Fidelis, which is operated by the Roman Catholic Diocese of Brooklyn, is a Medicaid provider; the government argued that, since the business was built on selling government health insurance plans, the state is entitled to a substantial portion of the sale. As such, the state will be able to capture some 53% of the $3.75 billion sale price, key to helping the state close the budget deficit it was facing.

Taxes
New York State and New York City are notoriously high-tax jurisdictions and the recently-passed federal tax bill compounds the phenomenon, city and state officials have said, especially for upper middle-class and high-income earners. Cuomo made it a top priority to ensure New Yorkers face as little addition tax burden as possible by “protecting taxpayers against federal tax changes.”

On this front, the budget includes attempted workarounds to help New Yorkers avoid bearing the burden of the reduction of SALT, or state and local tax deductions from federal taxes. The budget decouples state and local taxes from the federal code, will allow employers to pay an optional payroll tax to help employees reduce their income taxes, and creates new charitable giving entities where New Yorkers can give to offset their taxes and receive a corresponding tax credit from the state. It is unclear how well these measures will work, given that employers have to opt in on the payroll measure and the IRS will have to weigh in on the charitable deductions.

"New York will also become the first state to implement new measures to shield families from the devastating federal tax law's elimination of full state and local deductibility — an economic arrow aimed at the heart of this state's economy,” the governor said in a press release. Cuomo has said his top priority is repeal of the new federal tax code, or at least of the SALT cap, now at $10,000, which would likely require Democrats to take control of Congress and the White House.

Anti-Harassment Legislation
As the country struggles with how best to confront rampant sexual harassment in workplaces, New York state lawmakers pledged to enact legislation aimed at preventing and punishing sexual harassment in public and private work environments. “We put into place the strongest and most comprehensive anti-sexual harassment protections in the nation, ending once and for all the secrecy and coercive practices that have enabled this unacceptable behavior for far too long,” Cuomo said in a press release.

To that end, the new legislation requires sexual harassers to repay taxpayer funds when they are found liable (not in other settlements, however, according to The New York Times). In addition, a new measure will prevent sexual harassers from sweeping allegations under the rug by ensuring that nondisclosure agreements are only reached at the victim’s request. “[N]ondisclosure agreements can only be used when the condition of confidentiality is the explicit preference of the victim,” Cuomo said of the budget’s new legislation.

Other measures on this front include mandating all state contractors “submit an affirmation” that they have sexual harassment policies in place and that their employees are made aware of them via training. The budget also mandates the Department of Labor and Division of Human Rights will form sexual harassment policies to be used by public and private employers.  

However, there has been a great deal of criticism of the process by which the new measures were reached, with the only female legislative leader -- Senate Minority Leader Andrea Stewart-Cousins -- left out of the negotiations. The policies have also been criticized by advocates and former state government aides, some of whom experienced harassment, for not empowering victims enough, not simplifying the process to report claims, and not protecting people who face other types of workplace harassment. "These laws will not adequately protect workers, leaving them to navigate an opaque process and in danger of retaliation,” the group of former staffers stated following the budget’s passage.

The bill has also been criticized for not addressing or reforming in any way the Joint Commission on Public Ethics, tasked with investigating sexual harassment allegations. Cuomo had sought to add funding for a new JCOPE unit, but that was not part of the budget deal.

Also Missing
The DREAM Act, which would allow for state college assistance to be provided to undocumented New Yorkers, was again included in the Assembly’s and Cuomo’s budget proposals, but did not make it through the Senate. Members of the IDC attempted a maneuver to attach it to a budget bill but it was defeated.

The DREAM Act is one of several other progressive wish-list items again left out of the budget, blocked by the Senate, including measures like codifying Roe v. Wade abortion protections into state law.

Despite calls among government reformers and some reform-minded legislators, a number of government ethics, campaign finance, and election reforms were again left out of the state budget. Specifically, the budget does not institute early voting, keeping New York in the minority of states, nor does it implement same-day voter registration or several other election reform measures. There is no new ban on outside income for legislators or implementation of term limits; nor is there any change in the state’s exceptionally high individual campaign donation limits or the notorious LLC loophole, which essentially negates even those high donation thresholds. There is also no new limits on donations from those with or seeking state business.

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by Ben Brachfeld and Sam Raskin

Note: this article has been corrected to remove mention that there is language in the budget allowing the state to take money related to the city's Health + Hospitals insurance provider, Metroplus.

Nixon-Cuomo Primary Spotlights Role of State Democratic Party


geoff berman on ny1

Geoff Berman on NY1


In challenging Governor Andrew Cuomo in the Democratic primary this year, actor and activist Cynthia Nixon faces tough roadblocks ahead, not the least of which is that the New York State Democratic Party is seemingly throwing its weight and resources behind the incumbent. That has led many left-leaning activists and Nixon allies to cry foul and question why the state party, short of an outright endorsement, would choose sides so far ahead of the party primary.

In an interview last week on NY1’s Inside City Hall, Geoff Berman, the executive director of the New York State Democratic Party, suggested that a contested primary would be counter-productive for the party.

“[M]y mission is to elect Democrats to office, so my focus in this important election year is on maintaining the Democratic seats that we do have, and increasing them by flipping red seats to blue,” Berman said, when asked by host Errol Louis about the apparent conflict between centrist Democrats who control the party and more left-leaning party members. Berman emphasized that the party’s priorities are to elect New York Democrats to the U.S. House of Representatives and to the State Senate, both legislative bodies under GOP control.

“I certainly believe that we have a strong, progressive governor in office already, who has already signed a slew of progressive legislation over his time in office,” Berman continued, when Louis noted that Cuomo, who appointed Berman, is also running for reelection and being challenged. Pointing to a number of Cuomo’s accomplishments -- including the passage of marriage equality, a $15 minimum wage phase-in for most of the state, and paid family leave -- Berman said, “We have that governor in place and it would be a waste, I think, of time and energy to focus on an intra-party battle when there’s so much opportunity...I don’t think we need to worry about a new governor, we have a strong governor.”

Naturally, that didn’t sit well with those tired of Cuomo and his unfulfilled promises on various progressive causes, including to help flip the state Senate, and who are hoping to see a competitive primary battle between the two-term incumbent and Nixon, the insurgent.

Among those decrying Berman’s approach is Zephyr Teachout, the Fordham law professor who challenged Cuomo in the 2014 primary and received a surprising 34 percent of the vote with comparatively little name recognition or campaign funds. Teachout has joined Nixon’s upstart campaign as treasurer

“Theres a primary, state party shouldnt take sides,” Teachout tweeted [sic] on Tuesday, a day ahead of Berman’s appearance on NY1. Teachout then had sharp words for Berman’s comments during the interview, all continuing a line of criticism she and others have been leveling as the state party has recently increased its activity, often in support of or in conjunction with Cuomo.

Berman has continued to maintain that the state party has no obligation, at least under its own bylaws, to remain neutral in the primary, though it would conduct a fair nominating process at the party’s convention in late May. The party-backed nominee is chosen through a weighted vote of more than 300 Party Committee members representing Assembly districts, with the weight depending on the number of voters from each district that voted on the Democratic line in the previous gubernatorial election. A candidate who is not the endorsed nominee can also petition to get on the ballot if they collect enough signatures.

When Teachout said the party should take no sides in the primary, Berman responded on social media, “Wrong actually. There is no neutrality rule and customarily parties support their incumbents. And: Who is “the party?” The voters who decide our nominee on Election Day? Members of the party committee like @ZephyrTeachout (non-neutral) who vote to endorse a candidate at our mtg?” As he noted, Teachout is indeed an elected member of the state party and will have a vote on the party’s eventual endorsement.

Reached by phone, Berman sought to set the record straight. “I think there’s a lot of misinformation being spread there on Twitter. I don’t know if that’s on purpose or just because people don’t know because, first of all, there’s the question of what do people even mean when they say ‘the party, the Democratic party.’”

Berman drew a line between the party at large -- composed of every registered Democratic voter who can vote in the primary for the candidate of their choice -- and the State Democratic Party Committee, which is made up of elected district leaders and is not necessarily a neutral entity. “People declare who they want to represent the party and the person who gets 50 percent or more votes is the person that the party endorses,” he said, of the nominating process at the party’s convention. “The party’s never neutral. And that process happens months before the primary.”

Berman, who will not personally have a vote in the state party’s endorsement of a Democratic nominee, insisted that his job is simply to ensure that Democrats are elected, and reelected, to office. “And since we already have a Democrat elected to the office of governor who’s running again and has a progressive agenda and a progressive record, my focus is on turning seats that are held by Republicans in to Democrat seats...Anything else, for me, is a distraction and not a good use of party energy and resources.”

For a progressive activist base that has been hitting the streets since the 2016 presidential election, Berman’s recent comments are simply confirmation of their long-running criticisms of the governor and his stranglehold on the state’s Democratic machinery.

“It seems like @geoffberman doesn't take seriously his job as @nydems exec director, which obligates him to strict neutrality in primary contests. He thinks he's @NYGovCuomo's PAC director,” tweeted activist Peter Feld.

“@geoffberman is signed sealed and delivered apparently,” tweeted NY Indivisible, a group dedicated to electing Democrats.

“This sums up everything that is wrong with the Democratic Party and its corporate sycophants,” wrote another Twitter user, Robert Margolist.

Even before Berman seemed to declare that the state party would rally behind Cuomo, questions were raised about the party acting as an extension of the Cuomo campaign.

There was an expensive ad blitz launched last month by the state party touting the 2013 passage of the SAFE Act, the governor’s signature gun control bill. Though Berman claimed that the ad campaign was intended to target Republicans running for reelection in the state, critics, including Teachout, said it seemed intended more as a boost to Cuomo just a week after news reports that Nixon was about to jump into the race.

Also, between March 7 and 27, Cuomo signed his name to at least six email blasts from the State Democratic Party on topics including gun control and the NRA, sexual assault and the #MeToo movement, and early voting. When New York Times reporter Shane Goldmacher pointed that out on Twitter, Teachout posed the question, “Executive Director @geoffberman, do we have your word that you are not consulting Cuomo's reelection campaign when deciding what emails to send?” The tweet prompted portions of the ongoing debate about coordination and neutrality.

Notably, both the State Democratic Party and Cuomo’s campaign have retained the services of Metropolitan Public Strategies, a prominent Democratic consulting firm.

Nixon already faces a massive uphill battle, competing against an incumbent with $30 million in his campaign coffers, far greater name recognition, and strong support from labor unions. Yet, many Democratic elected officials have been hesitant to endorse Cuomo in the early going of the campaign and it is yet to be seen how much grassroots support for Nixon emerges among Democrats.

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by Samar Khurshid, senior reporter, Gotham Gazette
     

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Max & Murphy Podcast: Molinaro Launches Campaign for Governor


mxm logo

Ben Max, left, of Gotham Gazette, and Jarrett Murphy, right, of City Limits


April 2, 2018 - Max & Murphy Podcast: Molinaro Launches Campaign for Governor

marc molinaro277px

Dutchess County Executive Marc Molinaro has been a declared candidate for Governor for several weeks, emerging as the frontrunner to earn the Republican nomination, but he officially kicked off that campaign on Monday in Tivoli, a small village in Dutchess where Molinaro grew up and was elected mayor at the age of 18, in 1994.

For this week's podcast, Max & Murphy took the show on the road, traveling up to Tivoli for Molinaro's announcement, which consisted of a rally at the village hall, where Molinaro delivered remarks and was cheered on by family, friends, and other supporters. For the podcast, Max & Murphy set the context, then there's the first five minutes of Molinaro's remarks, followed by the hosts recapping and analyzing the speech, and discussing Molinaro's candidacy, especially as it relates to incumbent Governor Andrew Cuomo, who is seeking a third term this year.

Listen to the full conversation and let us know what you think -- we're on Twitter @TweetBenMax and @JarrettMurphy and guest Marc Molinaro (@marcmolinaro). You can listen to the episode through the embedded audio below or download the episode wherever you get your podcasts.

Listen to Molinaro's full remarks from Tivoli:

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by Ben Max, Gotham Gazette
     

Read more by this writer.

The Week Ahead in New York Politics, April 2


New York City Hall

New York City Hall


What to watch for this week in New York politics:

With a new state budget in place, City Council preliminary budget hearings over, and it being the annual April school break, there are limited events scheduled this week. But, that does not mean the politics will be anywhere near quiet. In fact, things get moving quickly on Monday morning as Republican Marc Molinaro officially launches his campaign for Governor -- see below for details and read Gotham Gazette's new profile of Molinaro and his campaign.

Monday is also the first day on the job for new New York City schools Chancellor Richard Carranza.

As the week gets going we will also be digesting that state budget, marked for $168.3 billion for the new fiscal year, which was passed in the middle of the night on Friday. Governor Andrew Cuomo held a press conference at about 9 p.m. Friday to announce details of the agreement, which then was passed both both houses of the Legislature in the wee hours. We expect to hear more from Mayor Bill de Blasio about the budget outcomes, as well as other officials, advocates, and others.

Governor Cuomo will speak in New York City on Thursday, likely about highlights in the new budget -- see below for details. Cuomo also will participate in at least one election-related event this week. With the budget done, much attention will move to the April 24 special elections taking place for 11 state legislative seats, including, most pivotal, the Senate District 37 seat in Westchester, which could dictate which party is in control of the upper chamber.

There are a few other events to be aware of this week - see our day-by-day rundown below.

***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
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The run of the week in detail:

Monday
Dutchess County Executive Marc Molinaro will launch his campaign for the Republican nomination for governor on Monday. He’ll hold an 11 a.m. event in Tivoli and a 2 p.m. event in Albany. [Read: In Run for Governor, Marc Molinaro Will Make a Character Argument]

"On Monday, Chancellor Richard A. Carranza will arrive for his first day as NYC Schools Chancellor. In the afternoon, he will join Mayor de Blasio and First Lady Chirlane McCray for lunch at Katz's Delicatessen."

Along with his lunch with Carranza, de Blasio's other public event for Monday is his weekly appearance on NY1's Inside City Hall, during the 7 and 11 p.m. hours.

At 10 a.m. Monday, Bronx Borough President Ruben Diaz Jr, Deputy Mayor Alicia Glen, Assemblymember Marcos Crespo, and NYCEDC President James Patchett will “tour the construction progress of the NYC Ferry landing coming to the Soundview section of the Bronx this summer.” [This event was postponed due to weather.]

On Monday "at 11:30 AM, Brooklyn Borough President Eric L. Adams and members of the New York City Police Department (NYPD) Muslim Officers Society, the nations' first fraternal organization representing Muslim-American police officers, will discuss plans to help keep Brooklyn safe amid the threats potentially posed by the "Punish a Muslim Day" campaign that has gone viral and generated fear in local Muslim communities. Last month, letters were circulated in the mail throughout the United Kingdom and on social media that called for violence against Muslims on Tuesday, April 3rd, including proposed "rewards" for acts ranging from verbal abuse and assault to murder and bombings. Borough President Adams, a 22-year veteran of the NYPD, will address community concerns and highlight Brooklyn's unity in the face of any bias-based attack."

At 2 p.m. Monday, Governor Cuomo will make an announcement at Johnson Community Center in Manhattan. Public Advocate Letitia James will be in attendance.

Also at 2 p.m. Monday, Lieutenant Governor Kathy Hochul will speak at the dedication of a historic site to honor the first woman to cast a vote, at 3 West Main Street in LeRoy, NY.

At 7 p.m., Public Advocate James will delivers remarks at the Italian American Women of Staten Island Meeting, at New Dorp Moravian Church.

Tuesday
"On Tuesday, Mayor de Blasio will deliver remarks and introduce new Schools Chancellor Carranza at the DOE’s Spring STEM Institute" at Stuyvesant High School at noon.

At 7:30 p.m., "the Mayor and First Lady McCray will light the arch in Washington Square Park and play a recording of Dr. Martin Luther King Jr.’s “I’ve Been to the Mountaintop” speech in honor of the 50th anniversary of its delivery."

On Tuesday at 11 a.m., "New York Attorney General Eric T. Schneiderman will announce the filing of a multistate lawsuit to block the Trump administration from demanding citizenship information in the 2020 Census," at DC37.

Also at 11 a.m. Tuesday, "Fed up tenants and those impacted by homelessness, are taking their outrage to Governor Cuomo’s Manhattan office among other sites across the state, who they accuse of helping increase the homelessness and housing crisis by not taking needed action in the budget. In fact, under Governor Cuomo’s leadership for the past seven years, New Yorkers have seen the highest rate of homelessness with displacement pressures spreading to every corner of the state. Instead of protecting tenants and housing the homeless, Cuomo’s housing policies continue to focus on benefiting real state developers and lobbyists. Tenants and homeless New Yorkers demand: Stronger rent laws, fully funded NYCHA and safe homes for all New Yorkers."

On Tuesday at 10 a.m. at City Hall, “New York City elected officials and three of CUNYs Latino Studies institutes, along with other partners, will release the "Latinos United in Action- New York Latin@s" Report and announce the second annual Summit on Latinos to be held on June 1st, 2018.” Participants will include “Council Members Ydanis Rodriguez, Carlos Menchaca; Assemblywoman Carmen De La Rosa, The NYC Council Black, Latino, and Asian Caucus; Dr. Edwin Melendez, Director, Center for Puerto Rican Studies (Centro); Dr. Ramona Hernández, Director, Dominican Studies Institute (CUNY DSI); José Higuera López, Interim Director, Jaime Lucero Mexican Studies Institute.” [This event was canceled on Monday]

At 2 p.m. Tuesday, the CUNY Journalism School’s Center for Community and Ethnic Media will host “Newsmakers 2018: The 2020 Census and the Stakes for New York City,” discussing “the Trump administration’s decision to include a citizenship question in the 2020 census.” NY1’s Errol Louis will moderate a panel consisting of J. Phillip Thompson, Deputy Mayor for Strategic Planning; Marisa Lago, Director of the Department of City Planning and Chair of the City Planning Commission; and Bitta Mostofi, Acting Commissioner of the Mayor’s Office of Immigrant Affairs. The event will take place at the CUNY Graduate School of Journalism in Midtown.

At 6 p.m. Tuesday, TransitCenter will host “Women Changing Transportation” at One Whitehall Street in Manhattan. Panelists will “contribute to the national dialogue around gender equality in the workplace and gender bias in transportation at the WTS/TransitCenter Women Changing Transportation event.” Panelists include Naomi Doerner, Transportation Equity Program Manager at the Seattle Department of Transportation; Nicole Garcia, DOT’s Queens Borough Commissioner; Midori Valdivia, Chief of Staff to MTA President Pat Foye; and Laura Weins, Executive Director of Pittsburghers for Public Transit.

Governor Cuomo will speak at a fundraiser for Democratic State Senate candidate Shelley Mayer on Tuesday evening at Harlem Tavern. Mayer is running in a special election in Westchester that is key to party control of the Senate.

On Tuesday at 7:30 p.m. in Washington Square Park, “Mayor Bill de Blasio and NYC Parks will honor the 50th anniversary of Dr. Martin Luther King Jr.’s “I’ve Been to the Mountaintop” speech, which was delivered the night before he was killed.”

Wednesday
On Wednesday Cynthia Nixon will give her first TV interview as a gubernatorial candidate to The Wendy Williams Show.

Thursday
At 11 a.m. Thursday, Governor Cuomo will speak at an Association for a Better New York event at Cipriani Wall Street.

At noon Thursday, the New York State Board of Elections will hold a commissioners’ meeting in Albany.

Friday and the weekend
Mayor de Blasio may make his weekly appearance on WNYC’s The Brian Lehrer Show on Friday at 10 a.m.

On Saturday, U.S. Reps Carolyn Maloney and Nydia Velazquez will hold a town hall meeting on gun violence at MS 50 in Williamsburg.

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Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).

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by Ben Brachfeld and Ben Max
@GothamGazette

Cuomo and Legislature Reach Agreement on $168 Billion State Budget


Cuomo Mujica David DeRosa

Gov. Cuomo and top aides announce a budget deal (photo: Mike Groll/The Governor's Office)


Governor Andrew Cuomo and his top aides held a press conference late Friday night to announce a deal with the Legislature on a new $168.3 billion state budget for fiscal year 2019, which begins April 1. The announcement came several hours before the final budget bills were voted through both the Senate and Assembly, despite reservations from some lawmakers and another flawed process wherein legislators did not know the full details of what they were voting on and the public had virtually no time for review of the legislative language.

As usual, the state budget devotes significant portions to education aid to localities and Medicaid spending. Education aid is increasing another $1 billion, according to Cuomo's office, for a total of "a record" $26.7 billion, while there are also new requirements for individual school destricts to report how funding is distributed to individual schools.

The budget includes, as the governor's office put it, a new state tax code including measures "protecting taxpayers against federal tax changes." The main pillars of this attempt to circumvent some of the negative effects of the new federal tax code and its $10,000 limit on state and local tax deductibility (SALT) are an optional payroll tax that employers will be able to adopt in lieu of some personal income taxes and state-led charitable entities where individuals will be able to send money for education and health care that they can then deduct from their federal taxes and receive a state tax credit for.

The budget includes new laws to take guns from individuals guilty of domestic abuse and prevent and punish sexual harassment in workplaces, though there are a number of critics of the latter, both in terms of process and outcome. The budget also includes measures related to the MTA, NYCHA, congestion pricing, and development around Penn Staion, wherein the state is excercising some new power in the area, superceding the city's local control.

In a press release, Governor Cuomo said of the budget:

"This budget is a bold blueprint for progressive action that builds on seven years of success and helps New York continue to lead amid a concerted and sustained assault from Washington on our values and principles. We put into place the strongest and most comprehensive anti-sexual harassment protections in the nation, ending once and for all the secrecy and coercive practices that have enabled this unacceptable behavior for far too long.

"New York will also become the first state to implement new measures to shield families from the devastating federal tax law's elimination of full state and local deductibility — an economic arrow aimed at the heart of this state's economy.

"It also protects New York's future with record funding for education, coupled with new reforms that finally ensure transparency and equity in how that funding is distributed.

"This budget also delivers for the most vulnerable among us, including the NYCHA tenants who have had to live with mold, lead and no heat and were placed at risk by a failed bureaucracy, and those who have had to endure the injustice that is Rikers Island."

The budget includes another $250 million allocation for NYCHA, along with new independent monitoring of the authority and other measures through a new executive order from Cuomo. It also includes design-build authority for New York City for three key areas of construction work: reconstructing the Brooklyn-Queens Expressway, building new jails to replace Rikers Island facilities, and NYCHA repairs.

There will be new surcharges on taxi and app-based for-hire vehicle rides in the Manhattan central business district, proceeds from which are expected to be over $400 million and will go toward the MTA. Cuomo is calling this a first step toward a fuller congestion pricing plan. The budget includes a mandate forcing New York City to pay half the $836 million Subway Action Plan that Mayor Bill de Blasio had thus far refused to pay.

While it includes a number of policy changes along with key spending decisions, notably, the new budget does not include any voting or election reforms, other than measures to make digital ads more transparent and protect against cyberattacks -- there is no early voting or same-day registration, for example -- nor does the budget include government ethics or campaign finance reforms, with the exception of new sexual harassment-prevention legislation, part of a package that also applies to the private sector. These reform measures, among others like bail reform, were key planks of the governor's agenda that he was not able to move through the Legislature during the budget.

In an initial statement about the budget, Comptroller Tom DiNapoli said, "The Governor and Legislature reached an on-time budget agreement amid an uncertain revenue picture and risks to federal aid. Still, there are areas of concern. As in past years, the budget negotiation process was mostly done behind closed doors, leaving the public in the dark about how taxpayer money will be spent. My office will provide a more detailed analysis of the enacted budget in the coming weeks."

Gotham Gazette will provide more coverage of the new state budget in the coming days, but below are portions of the budget announcements from Cuomo's office and those of legislative leaders.

More from Governor Cuomo's Office:

Keeping New York Economically Competitive
Protect New Yorkers from Federal Tax Changes: The recently enacted federal tax law has negative fiscal implications for many New Yorkers. By gutting the deductibility of state and local taxes, the law effectively raises middle class families' property and state income taxes by 20 to 25 percent. New York is fighting back against the federal plan and the loss of both income tax deductibility and property tax deductibility. To combat the assault, the FY 2019 Budget:

Expands Charitable Contributions to Benefit New Yorkers: The FY 2019 Budget creates two new state-operated Charitable Contribution Funds to accept donations for the purposes of improving health care and education in New York. Taxpayers who itemize deductions may claim these charitable contributions as deductions on their Federal and State tax returns. Any taxpayer making a donation may also claim a State tax credit equal to 85 percent of the donation amount for the tax year after the donation is made. In addition, the legislation authorizes school districts and other local governments to create charitable funds. Donations to these funds would provide a reduction in local property taxes (via a local credit) equal to a percentage of the donation.

Creates Alternative Employer Compensation Expense Program: While Federal tax reform eliminated full State and local tax deductibility for individuals, businesses were spared from these limitations. Under the FY 2019 Budget employers would be able to opt-in to a new ECEP structure. Employers that opt-in would be subject to a 5 percent tax on all annual payroll expenses in excess of $40,000 per employee, phased in over three years beginning on January 1, 2019. The progressive personal income tax system would remain in place, and a new tax credit corresponding in value to the ECEP would cut the personal income tax on wages and ensure that State filers subject to the ECEP would not experience a decline in take-home pay.

Decouples from Federal Tax Code: The FY 2019 Budget decouples the state tax code from the federal tax code, where necessary, to avoid more than $1.5 billion in State tax increases brought solely by increases in federal taxes.

Continue the Phase-In of the Middle Class Tax Cut: The Budget supports the phase-in of the middle class tax cuts. In 2018, average savings will total $250 and, when fully effective, six million New Yorkers will save an average of $700 annually. Once fully phased in, the new rates will be the lowest in more than 70 years - dropping from 6.45 to 5.5 percent for incomes ranging from $40,000 - $150,000 and 6.65 to 6 percent for incomes ranging from $150,000 - $300,000. The new lower tax rates will save middle class New Yorkers $4.2 billion, annually, by 2025.

Grow County-Wide Shared Services Initiative to Deliver Savings for Taxpayers: New York State will build on progress to reduce local property taxes for millions of New Yorkers and take the next step forward to provide local governments with new tools to put money back in the pockets of middle-class families. The FY 2019 Budget includes $225 million to fund the State's match of savings from shared services actions included in property tax savings plans. The Budget also continues the county-wide shared services panels for another three years and amends a statutory hurdle that prevented localities from sharing some specific services.

Create a Voluntary Retirement Savings Program: The Budget authorizes the New York State Secure Choice Savings Program - a voluntary-enrollment payroll deduction IRA for employees of private employers that do not already offer retirement savings plans. This program will give millions of New Yorkers who currently have no access to an employer-provided retirement plan the opportunity to save for retirement, all while alleviating the burdens on participating New York employers of creating and sponsoring a retirement plan on their own. Participation is voluntary for businesses and employees.

Continue the Local Property Tax Relief Credit: The Property Tax Credit, enacted in 2015, will provide an average reduction of $380 in local property taxes to 2.6 million homeowners this year alone. By 2019, the program will provide an additional $1.3 billion in property tax relief and an average credit of $530.

Investing in Education Equity
The FY 2019 Budget reflects the state's strong commitment to education equity through a $1 billion annual increase in Education Aid - 3.9 percent growth - to a record total of $26.7 billion for the 2018-19 school year and a 36 percent increase since 2012.

Require Transparency in Education Spending: New York State spends more money per pupil than any state in the nation, and the FY 2019 Budget includes new provisions to require funding transparency. Under the budget agreement, for the 2018-19 school year, 76 large school districts that receive significant state aid shall report school level funding allocation data to the public, SED and DOB.

Expand Community Schools: The FY 2019 Budget continues the state's push to transform New York's high-need schools into community schools. This year, the Budget increases funding for community schools by $50 million, to a total of $200 million. This increased funding is targeted to districts with struggling schools and/or districts experiencing significant growth in homeless pupils or English language learners. In addition, the Budget increases the minimum community schools funding amount from $10,000 to $75,000.

Promote the First 1,000 Days of Life: The Budget supports the development of a new initiative to expand access to services and improve health outcomes for young children covered by Medicaid and their families. Studies show that the basic structure of the brain is developed within the first 1,000 days of life.

Expand Access to Prekindergarten: The Budget includes an additional $15 million investment in prekindergarten to expand high-quality half-day and full-day prekindergarten instruction for 3,000 three- and four-year-old children.

Continue the Empire State After School Program: The FY 2019 Budget provides $10 million to fund a second round of Empire State After School awards. These funds will provide an additional 6,250 students with public after school care in high-need communities across the State. Funding will be targeted to districts with high rates of childhood homelessness.

Grow Early College High Schools: To build upon the success of the existing programs, the Budget commits an additional $9 million to create 15 new early college high school programs. This expansion will target communities with low graduation or college access rates, and will align new schools with in-demand industries.

Expanding Access to Higher Education
Invest $7.6 Billion for Higher Education: The Budget provides $7.6 billion in State support for higher education in New York - an increase of $1.5 billion or 25 percent since FY 2012. This investment includes $1.2 billion for strategic programs to make college more affordable and encourage the best and brightest students to build their future in New York.

Launch the Second Phase of the Excelsior Free Tuition Program: For the 2019 academic year, the Excelsior Scholarship income eligibility threshold will increase, allowing New Yorkers with household incomes up to $110,000 to be eligible. To continue this landmark program, the Budget includes $118 million to support an estimated 27,000 students in the Excelsior program. Along with other sources of tuition assistance, including the generous New York State Tuition Assistance Program, the Excelsior Scholarship will allow approximately 53 percent of full-time SUNY and CUNY in-state students, or more than 210,000 New York residents, to attend college tuition-free when fully phased in.

Boost Funding for SUNY and CUNY: The Budget provides SUNY and CUNY with more than $200 million in new resources to support the operations of the university systems while maintaining low predictable tuition ensuring access for all to a quality education.

Support Students Attending New York's Private Colleges: The Budget includes $22.9 million for the second phase of the Enhanced Tuition Award program, providing up to $6,000 in financial assistance including match funds and a tuition freeze to make college more affordable for residents attending private colleges in New York. To leverage more participation, the program was modified to provide more flexibility in the matching requirement for colleges. The Budget also provides $4 million to expand the New York State Science, Technology, Engineering and Mathematics (STEM) Scholarship Program to students attending private colleges in New York. In addition, the Budget includes $30 million for competitive grants to support strategic capital investments at independent colleges to improve academic programs, enhance student life and provide economic development benefits to the college community.

Expand the Murphy Institute for Worker Education and Labor Studies into the CUNY School of Labor and Urban Studies: The Joseph S. Murphy Institute for Worker Education and Labor Studies, which was established in collaboration with New York City labor unions in 1984 to meet the higher education needs of working adults, now serves more than 1,200 adult and traditional-aged students across the CUNY system in undergraduate and graduate degree, and certificate programs focused on labor-related issues. The Institute provides higher education programs in three general categories including labor, urban studies, and worker education/workforce development. The Budget includes a $3.0 million investment to expand the institute into the CUNY School of Labor and Urban Studies, a recognition of the invaluable role the Institute plays in the CUNY community and as a center of labor discourse.

Prohibit State Agencies from Suspending the Professional Licenses of Individuals Behind or in Default on their Student Loans: The FY 2019 Budget includes legislation expressly prohibiting the suspension of professional licenses of individuals behind or in default on their student loans. Currently, there are 19 states that allow for the suspension of a professional license for people who are behind or in default on their student loans, with one state allowing for the suspension of an individual's driver's license. This practice severely limits the ability of people to support themselves and their families, and to ultimately pay back their student loans, creating a further financial death spiral. By expressly prohibiting the practice, the Budget ensures that current and future New Yorkers are protected.

Advancing the Women's Agenda
Combat Sexual Harassment: The Budget includes nation-leading, multi-pronged legislation to combat sexual harassment in the workplace:

Require all state contractors to submit an affirmation that they have a sexual harassment policy and that they have trained all of their employees.
Prohibit employers from using a mandatory arbitration provision in an employment contract in relation to sexual harassment.

Require officers and employees of the state or of any public entity to reimburse the state for any state or public payment made upon a judgement of intentional wrongdoing related to sexual harassment.
Ensure that nondisclosure agreements can only be used when the condition of confidentiality is the explicit preference of the victim

Establish a model sexual harassment policy, in consultation with the Department of Labor and Division of Human Rights, for employers to adopt or use to establish a similar policy that meets or exceeds the minimum standards of the model policy

Amend the law to protect contractors, subcontractors, vendors, consultants or others providing services in the workplace from sexual harassment in the workplace.

End Sextortion: The Budget includes legislation increasing the existing penalties for compelling another person to engage in sexual conduct by threatening their health, safety, business, career, financial condition, reputation or personal relationships.

Extend the Storage Timeline for Rape Kits: The FY 2019 Budget includes legislation to extend the length of time sexual offense evidence collection kits are preserved from 30 days to 20 years, delivering justice to survivors.

Reauthorize MWBE Program Legislation: The FY 2019 Budget extends the State's Minority and Women-owned Business Enterprise Program, which is due to expire this year, for one year.

Ensure Equal Access to Diaper Changing Stations in Public Restrooms and Provide Access to Lactation Rooms: The FY 2019 Budget amends New York's Uniform Building Code to require all new or substantially renovated buildings with publicly accessible restrooms to provide safe and compliant changing tables. Changing tables will be available to both men and women, and there must be at least one changing table accessible to both genders per publicly-accessible floor. In addition, the Budget requires lactation rooms in certain state buildings and authorizes a study of adult changing facilities.

Prohibit Sexual Contact Between Police Officers and Individuals Under Their Custody: Incarcerated individuals are prohibited from providing consent to corrections officers or probations officers under current law. This helps curb sexual harassment and abuse from those in a position of power that oversee individuals under their custody. Police officers, in a glaring loophole to the law, are not included in this list. The FY 2019 Budget corrects this deficiency in the law by expressly including police officers and prohibiting sexual contact with those under their custody.

Improve Access to IVF and Fertility Preservation Services: Under current law, all commercial health insurance plans include coverage for most infertility medical services. In vitro fertilization is the one primary exception. The Superintendent of Financial Services will analyze in vitro fertilization coverage to help ensure that New Yorkers have access to infertility treatment and fertility preservation services regardless of sexual orientation or marital status.

Increase State Funding to Provide Families with Affordable Child Care: Child care subsidies help parents and caretakers pay for some or all of the cost of child care. Families are eligible for financial assistance if they meet the State's low income guidelines and need child care to work, look for work or attend employment training. The FY 2019 Budget increases State support for child care subsidies by $7 million above FY 2018 Budget funding levels and programs new federal funds to make an additional $10 million dollars available for child care subsidies, restoring recent cuts and sustaining a record level of funding.

Continue the Enhanced Child Care Tax Credit for Middle Class Families: The 2017 Enhanced Middle Class Child Care Tax Credit reduces child care costs for working families. This expansion more than doubled the benefit for 200,000 families. The FY 2019 Budget reflects the first year of the Enhanced Child Care Tax Credit for working families to continue to alleviate costs for families and support the needs of working parents.

Ensure Access to Menstrual Products in Public Schools: The FY 2019 Budget includes legislation requiring all public schools, except for charter schools, to provide free feminine hygiene products, in restrooms, for students in grades 6 through 12. Feminine hygiene products are as necessary as toilet paper and soap, but hardly ever as available or free. At $7 to $10 per package, a month's supply of something as simple as a box of pads or tampons can be one expense too many for struggling families. This Budget legislation makes New York State a leader in addressing this issue of inequality and stigma.

Add Experts in Women's Health and Health Disparities to the State Board of Medicine: Legislation in the FY 2019 Budget requires that one of the doctors on the State Board of Medicine be an expert on women's health and one of the doctors be an expert in health disparities.

Provide Health Insurance Coverage for Donor Breast Milk: The FY 2019 Budget includes legislation to ensure health insurance coverage for donor breast milk for infants, especially premature or preterm infants, who do not have maternal breast milk to meet all or some of their nutritional needs.

Close the Gender Gap by Giving the Youngest Learners Access to Computer Science Education: The FY 2019 Budget establishes a working group to review existing computer science education standards and create draft model computer science standards for kindergarten through grade 12.

Investing $250 Million in NYCHA to Empower Tenants
Over the course of the budget negotiations, the Governor and legislative leaders have discussed the conditions of NYCHA's housing stock and the services that are being provided to residents. The FY 2019 Budget includes an additional $250 million to improve the quality of living conditions for NYCHA residents and provides a process by which the proper deployment of capital funding can be verified. To expedite repairs to NYCHA facilities, the FY 2019 Budget includes design/build legislation. This record investment brings total state funding for NYCHA to $550 million.

Expediting Critical Projects Through Design/Build
The FY 2019 Budget includes design/build legislation for the construction of new jails to replace the Rikers Island Jail Complex, the reconstruction of the Brooklyn Queens Expressway and NYCHA projects. As a result of design/build authorization, the City will avoid significant delays in construction and will realize savings in excess of $1 billion.

Investing in 21st Century Transportation Infrastructure
Support the MTA Subway Action Plan: The comprehensive $836 million MTA Subway Action Plan will address system failures, breakdowns, delays and deteriorating customer service, and position the system for future modernization. The Budget fully funds the Subway Action Plan to move forward on these critically needed repairs, with the City required to contribute half of the funding for the plan. The MTA will begin receiving the funding in April and will receive the full funding by the end of 2018.

Enact a $2.75 Surcharge on For-Hire Vehicles: To establish a long-term funding stream for the MTA and to reduce motor vehicle congestion, the FY 2019 Budget enacts a surcharge on for-hire vehicles below 96th Street. The surcharge is $2.75 for for-hire vehicles, $2.50 for yellow cabs, and $0.75 for pooled trips. This funding will go into an MTA "lock box," and will provide long-term funding to sustain for the Subway Action Plan, outer borough transit improvements, as well as a NYC general transportation account.

Provide at Least 50 New Bus Lane Enforcement Cameras: The FY 2019 Budget will help immediately reduce traffic congestion in Manhattan's Central Business District by directing the MTA to equip New York City Transit SBS buses operating below 96th Street with at least 50 new traffic monitoring cameras to enforce bus lane violations. Drivers and delivery trucks blocking dedicated bus lanes are significant contributors to bus delays and traffic congestion.

Transfer the Remaining Payroll Mobility Tax Revenue Directly to the MTA: The State currently collects and disburses the Payroll Mobility Tax (PMT) to the MTA. The Budget amends the law so the revenue is directly provided to the Authority. Eliminating this unnecessary appropriation by the State legislature will benefit the MTA because PMT revenue pledged to bondholders under the new credit will have no risk of non-appropriation and PMT receipts will be received by the MTA in a more timely manner.

Improving Public Safety at Penn Station: Penn Station's facilities are antiquated, inadequately meet current public safety and transportation needs and present an unreasonable public safety hazard. The State will coordinate with MTA and consult with community leaders, business groups and federal and city government to design a solution.

Begin Service on the Lower Hudson Transit Link: The FY 2019 Budget appropriates $8 million to allow the Lower Hudson Transit Link to begin bus service along the Governor Mario M. Cuomo Bridge in 2018.

Maintain Record Commitment to Local Highways and Bridges and Public Transportation: Funding for the Consolidated Highway Improvement Program (CHIPS) and the Marchiselli program is maintained at $477.8 million, and the Local PAVE NY and BRIDGE NY programs are each maintained at $100 million. The Budget also includes, in addition to previously planned amounts, $65 million for extreme winter recovery roadway repairs, as well as $20 million in capital funding and $5 million in operating funding for transit systems statewide other than the MTA.

Strengthening the Democracy Agenda
Increase Transparency of Online Political Advertisements: The FY 2019 Budget expands New York State's definition of political communication to include paid internet and digital advertisements, requires digital platforms to maintain a file of all political advertisements purchased by a person or group for publication on the platform and requires online platforms confirm that foreign individuals and entities are not purchasing political advertisements in order to influence the American electorate.

Bolster Election Infrastructure to Defend Against Cyberattacks: The FY 2019 Budget includes $5 million to implement a four-pronged strategy to further strengthen cyber protections for New York's election infrastructure: create an Election Support Center, develop an Election Cyber Security Toolkit, provide cyber risk vulnerability assessments for State and County Boards of Elections, and require County Boards of Elections to report data breaches to State authorities.

Establish a State Pay Commission
The FY 2019 Budget supports the establishment of a State Pay Commission, which will include the Chief Judge of the Court of Appeals and the State of New York, New York State Comptroller, New York City Comptroller, a former New York City Comptroller, and a former New York State Comptroller. The Commission will examine and decide what the appropriate salary should be for state legislatures and certain executive employees.

Ensuring No Student Goes Hungry
The Budget includes legislation and additional funding to launch a comprehensive No Student Goes Hungry program: sweeping initiatives to provide students of all ages, backgrounds and financial situations access to healthy, locally-sourced meals to address child hunger. By launching the program, the State will provide students in need with locally-grown, quality meals, which will support an improved learning experience for children of all ages.

The program will:
Ban meal shaming, a practice in some schools where children may be singled out, provided a lesser meal, or otherwise treated differently for not having money for a meal
Support breakfast after the bell to make breakfast accessible for students after the school day has begun
Expand the Farm to School Program
Incentivize the use of farm-fresh, locally grown foods in schools

Defending the Rights of Immigrants
The FY 2019 Budget continues the first-in-the-nation Liberty Defense Project. Last year, the State launched the Liberty Defense Project, a State-led, public-private legal defense fund to ensure that all immigrants, regardless of status, have access to high quality legal counsel. In partnership with leading nonprofit legal service providers, the project has significantly expanded the availability of immigration attorneys statewide. The FY 2019 Budget includes an investment to ensure the Liberty Defense Project continues to sustain and grow the network of legal service providers providing these critical service in defense of our immigrant communities. 

Cutting off the Recruitment Pipeline to Combat MS-13
MS-13 is an international criminal gang that emerged in the United States in the 1980s. They engage in a wide range of criminal activity and are uniquely violent, oftentimes engaging in brutal acts simply to increase the gang's notoriety. Despite violent crime being down dramatically in Long Island over the past several years, a recent uptick in violent crime has been traced back to the gang. The FY 2019 Budget supports a comprehensive $16 million strategy to provide at-risk youth in Long Island with greater access to social programs and alternatives to gang activity. The program will: 

Expand afterschool programs in areas with high gang activity.
Expand job and vocational training opportunities for young people.
Provide gang prevention education to students.
Expand comprehensive support services for at-risk young people, especially immigrant children - including comprehensive case management, with a focus on unaccompanied children entering the United States.
Deploy a Community Assistance Team to Long Island comprised of six State Troopers, three investigators, one senior investigator and one supervisor to identify and engage gang activity hot-spots or respond to departmental and community requests for increased service.

Nation-Leading Efforts to Combat Worker Exploitation
The New York State Department of Labor has been a national leader in wage theft case processing and fund recovery. Since 2011, the agency has recovered more than any other state - a quarter of a billion dollars - and returned that money to more than 215,000 workers victimized by wage theft. With a staff of 110 investigators, one of the nation's largest, DOL has led the way in protecting workers. The FY 2019 Budget invests an additional $1 million to allow additional investigators to be hired, ensuring that money is put back into the pockets of workers as quickly as possible. 

Protecting the Health & Safety of Our Communities
Establish a First-in-the-Nation Opioid Stewardship Fund: New York State, like much of the country, is battling a harrowing opioid epidemic. The Budget creates an opioid stewardship program with a $100 million fund to be used for the ongoing and growing costs of prevention, treatment, and recovery services for individuals with a substance abuse disorder. Language in the budget ensures the costs are borne by industry, not by consumers. 

Combat Heroin and Opioid Epidemic: Over $200 million in funding is being used to address the heroin and opioid crisis. The Budget includes an increase of over $30 million (5 percent) in operating and capital support for OASAS to continue to enhance prevention, treatment and recovery programs, residential service opportunities, and public awareness and education activities.

Establish Health Care Shortfall Fund: The Budget establishes a fund to ensure the continued availability and expansion of funding for quality health services to New York State residents and to mitigate risks associated with the loss of Federal funds. This fund will be initially populated with funds from any insurer conversion or similar transaction.

Launching a Comprehensive Plan to Attack Homelessness
Continue $20 Billion Affordable and Homeless Housing and Services Initiative: The Budget continues to support the creation or preservation of more than 100,000 units of affordable housing and 6,000 units of supportive housing. 

Increase Mental Health and Substance Use Disorder Services for Individuals Experiencing Homelessness: To strengthen shelter services for homeless individuals living with mental illness in existing homeless shelters, the State is directing the Office of Mental Health and the Office of Temporary and Disability Assistance to work together to ensure that Assertive Community Treatment teams are connected to existing shelters, so that individuals with mental illness can access needed treatment. In addition, the Office of Alcoholism and Substance Abuse Services will make on-site peer-delivered substance abuse treatment services available in 14 existing shelters across the state.

Require Outreach and a Comprehensive Homeless Services Plan from Each Local Social Services District: The FY 2019 Budget requires all local social services districts develop and implement an approved outreach and services plan to address street homelessness.

Continuing Relief and Recovery Efforts along the Lake Ontario and St. Lawrence River Shoreline
The Budget includes an additional $40 million, bringing the total commitment to $95 million, to help the families along the Lake Ontario and St. Lawrence River shoreline recover from the months-long flooding and build back stronger and smarter than ever before. Impacted counties include Jefferson, Monroe, Niagara, Orleans, St. Lawrence, Wayne, Cayuga and Oswego. 

Safeguarding the Environment for Future Generations
Complete the Hudson River Park: The Budget includes $50 million in capital funding for the Hudson River Park, which will help fulfill the State's commitment to complete the park. The Budget includes language to ensure that New York City makes the phased and matched investments necessary to get the job done. In addition, the State will continue to facilitate public-private partnerships, while ensuring the Estuary Management Plan is complete and the marine sanctuary is protected. 

Attack Harmful Algal Blooms: Using resources from the Clean Water Infrastructure Act and the Environmental Protection Fund, the State will implement a $65 million initiative to combat harmful algal blooms in Upstate New York water bodies. The resources will be used to develop action plans to reduce sources of pollution that spark algal blooms, and provide grant funding to implement the action plans, including the installation of new monitoring and treatment technologies.

Continue the Clean Water Infrastructure Act: The FY 2019 Budget continues the State's historic multi-year $2.5 billion investment in drinking water and wastewater infrastructure and source water protection actions that will protect the environment and enhance communities' health and wellness.

Renew Record Funding for the Environmental Protection Fund: The Budget continues EPF funding at $300 million, the highest level of funding in the program's history.

Overhaul Niagara Falls Wastewater Treatment Facility: The Budget invests $20 million to launch phase one of the comprehensive infrastructure and operational improvements at the Niagara Falls Wastewater Treatment Facility.

Expanding the New York Youth Jobs Program
The New York Youth Jobs program encourages businesses to hire unemployed, disadvantaged youth, ages 16 to 24, who live in New York State, with a focus on the following cities and towns: Albany, Buffalo, New York, Rochester, Schenectady, Syracuse, Mount Vernon, New Rochelle, Utica, White Plains, Yonkers, Brookhaven and Hempstead. Due to the success of the program, which has helped connect 31,000 youths to jobs, the Budget increases the credit amounts by 50 percent, from $500 to $750 per month for up to the first six months, and from $2,000 to $3,000 for each employee who is employed for additional time periods after six months with a maximum full time hire credit of $7,500. 

Driving Economic Growth & Development
Continue the Successful Regional Economic Development Councils: In 2011, the State established 10 Regional Economic Development Councils (REDCs) to develop long-term regional strategic economic development plans. The Budget includes core capital and tax-credit funding that will be combined with a wide range of existing agency programs for an eighth round of REDC awards totaling $750 million. 

Launch Next Round of the Downtown Revitalization Initiative: The Downtown Revitalization Initiative is transforming downtown neighborhoods into vibrant communities where the next generation of New Yorkers will want to live, work and raise families. The FY 2019 Budget provides $100 million for the Downtown Revitalization Program Round III.

Create Photonics Attraction Fund in Rochester: New York State will dedicate $30 million to a Photonics Attraction Fund, administered through the Finger Lakes Regional Economic Development Council, to attract integrated photonics companies to set up their manufacturing operations in the greater Rochester area. Thanks to the world-renowned AIM Photonics consortium, the Finger Lakes is already a leader in photonics research and development, and this additional State funding will help leverage this unique asset to bring the businesses and the jobs of tomorrow to New York State.

Advance Industrial Hemp Production: The State will continue the investment in Hemp research, production, and processing made in FY 2018 through a broad, multi-pronged program. The FY 2019 Budget provides $650,000 for a brand-new $3.2 million industrial hemp processing facility in the Southern Tier. New York State will import thousands of pounds of industrial hemp seed, ensuring that farmers have access to a high-quality product and easing the administrative burden on farmers. Further, New York State will invest an additional $2 million in a seed certification and breeding program, to begin producing unique New York seed. Finally, New York will host an Industrial Hemp Research Forum in February, bringing together researchers and academics with businesses and processors to develop ways to further boost industry research in New York.

Drive Investment in Life Sciences: The Budget includes $600 million to support construction of a world-class, state-of-the-art life sciences public health laboratory in the Capital District that will promote collaborative public/private research and development partnerships.

Extend and Strengthen the Historic Rehabilitation Tax Credit: The FY 2019 Budget agreement reauthorizes the State Commercial and Homeowner rehabilitation tax credit programs through 2025 and allows the State commercial credit to be used independently of the federal credit.

Invest in the Olympic Regional Development Authority: The Budget includes $62.5 million in new capital funding for ORDA, including $50 million for a strategic upgrade and modernization plan to support improvements to the Olympic facilities and ski resorts, $10 million for critical maintenance and energy efficiency upgrades, and $2.5 million appropriated from the Office of Parks, Recreation and Historic Preservation budget as part of the New York Works initiative.

Enhance North Country Lodging: The State will provide the North Country region with tools and resources to bolster tourism in the North Country and catalyze private investment in lodging. Empire State Development will commission a study to identify lodging development opportunities in the Adirondacks and Thousand Island regions, and provide $13 million in capital funding through the REDCs and Upstate Revitalization Initiative to spur development activity.

Establish $175 Million Workforce Initiative: The FY 2019 Budget establishes a new approach for workforce investments that would support strategic regional efforts to meet businesses' short-term workforce needs, improve regional talent pipelines, expand apprenticeships, and address the long-term needs of expanding industries—with a particular focus on emerging fields with growing demand for jobs like clean energy and technology. Funds will also support efforts to improve the economic security of women, youth, and other populations that face significant barriers to career advancement.

From the State Senate Majority:

The New York State Senate will complete passage of the 2018-19 state budget that achieves key objectives to promote affordability, opportunity, and security for hardworking taxpayers. The final budget maintains fiscal discipline by keeping within the self-imposed two-percent spending cap and closes a $4.5 billion deficit, while also preventing billions of dollars in new taxes and fees to protect taxpayers and encourage economic growth.

Senate Majority Leader John J. Flanagan said, “This budget invests in the shared priorities of hardworking New Yorkers - affordability, opportunity, and security. It is a solid and fiscally responsible budget that protects taxpayers, creates jobs, and supports many other quality-of-life issues important to middle-class families across the state.”

The $168.3 billion budget rejects $1 billion in new taxes and fees proposed in the Executive Budget and helps reduce the state’s high cost of living; provide record levels of funding for education, the environment, and opioid abuse prevention; and address the serious public health and safety challenges facing the state’s communities. Highlights include:

AFFORDABILITY

Maintaining Fiscal Discipline
The budget protects taxpayers by adhering to a self-imposed two-percent spending cap for the eighth year in a row. Adhering to the cap was instrumental in helping eliminate a $4.5 billion deficit expected to face the state this year. Capping state spending has saved taxpayers nearly $52 billion on a cumulative basis since the 2010-2011 budget.

Rejecting Tax and Fee Increases
The Senate led the successful fight to reject $1 billion in onerous tax-and-fee increases proposed by the Governor and billions more proposed by the Assembly, including new taxes on internet purchases and new DOT fees. The final budget also protects the continued roll-out of the landmark $4.2 billion Middle Class Income Tax Cut that began taking effect in January and will reduce tax rates on middle class families and thousands of small businesses by 20 percent over the next several years.

Protecting and Expanding STAR Property Tax Relief
The Senate made it a priority to build upon the highly successful property tax cap that has already saved taxpayers $23 billion and worked to ensure the Governor’s proposed cap on STAR property tax relief benefits was rejected, saving $49 million. The budget also extends the property tax rebate check program and many homeowners will see their rebate checks double to an average of $380 this year and $532 next year.

Protecting Taxpayers from Negative Impacts of Federal Tax Changes
The budget follows the Senate’s lead in decoupling the state and federal tax codes to prevent New Yorkers from taking a $1.5 billion state tax hit as a result of recent federal tax changes. It holds harmless New Yorkers who may have to pay more in state income taxes because of the changes at the federal level and prevents the state from benefitting from the sudden revenue increase at the expense of taxpayers.

Making Retirement More Affordable and Accessible for Private Sector Employees
The budget creates a program that provides a simpler way for private employees to save up for retirement through voluntary payroll deductions. Many small business owners and job creators in New York currently face costly administrative and financial barriers to providing retirement savings plans to their employees. This program would give employers, on a completely voluntary basis, the opportunity to utilize existing state administrative resources to help workers that choose to participate in the program and contribute to Roth IRAs to help them save for their future.
Protecting New Yorkers from Overpaying for Prescription Drugs

A Senate initiative passed earlier this year to protect consumers from unfair prescription drug pricing is included in the budget. The reforms help consumers become better informed about the price of drugs and prohibits two costly practices – gag clauses and clawbacks – used by pharmacy benefit managers (PBMs). Prohibiting these costly practices will help fight the rising cost of prescription drugs for all New Yorkers.

OPPORTUNITY

Keeping $700 Million in Brownfield, Historic, and Other Business Tax Credits In Place
The final budget prevents the deferment of tax credits including the state’s Historic Tax Credit and Brownfield Cleanup Tax Credit programs so that private investment in under-developed communities is not jeopardized. These credits and all but five of the state’s other business tax credits would have been deferred for multiple years under the Executive Budget proposal, but the Senate fought to save the $700 million in credits so that they can continue to promote business growth, create jobs, and revitalize communities.

Growing NY Strong
Together, the Senate and Assembly succeeded in restoring and adding more than $13 million beyond what the Executive proposed for agriculture programs, totaling $54.4 million. This year’s total funding is an increase of over $3 million from last year. Dozens of programs -
investments in cutting-edge agricultural research, support for the next generation of family
farmers, environmental stewardship, and protections for plant, animal, and public health – will
be funded, with significant increases including:

· $1.5 million, for a total of $1.9 million, for the Farm Viability Institute to help New York’s farmers become more profitable and to improve the long-term economic viability and sustainability of farms, the food system, and the communities which they serve;
· $1 million, for a total of $9.28 million, for Agri Business Child Development Program, to provide quality early childhood education and social services to farm workers and other eligible families;
· $1 million, for a total of $5.43 million, for Cornell Diagnostic Lab;
· $1.1 million for Taste New York, including $550,000 for the New York Wine and Culinary Center;
· $750,000 for Farm-to-School programs;
· $544,000, for a total of $750,000, for the Apple Growers Association;
· $500,000 for the Farm-to-Seniors Program;
· $300,000 for the North Country Farm-to-School Program;
· $225,000 for Maple Producers; and
· $138,000 for EBT at Farmers Markets.

In addition, the Senate again secured $5 million to support local county fairs and $5 million for animal shelter improvements.

Preparing Workers for Successful Careers
The budget provides key investments in job training and workforce development initiatives so New Yorkers can enhance their job skills – providing a pathway for new opportunities, financial security and career success. Specific highlights include:
· $5 million for the Next Generation Job Linkage Program that assists employers in identifying potential jobs, defining their necessary skills and providing employees with the appropriate training;
· $5 million for the SUNY/CUNY Apprentice Initiative, a targeted training initiative that helps employers refine the skills of new hires and enables more experienced employees the chance to upgrade their skills;
· $4 million for the Workforce Development Institute (WDI), a highly successful not-for-profit that works with businesses and the AFL-CIO to provide focused training for workers and for workforce transition support to help stop the outsourcing of jobs to other states. An additional $3 million is also provided for WDI’s Manufacturing Initiative;
· $3.6 million for Business and Community College Partnerships that support innovative, specifically-tailored workforce training programs coordinated between individual businesses and community colleges; and
· Increased support for Early College High Schools to help prepare students for college-level coursework that promotes future academic performance and enables students to get their high school diplomas while also earning free associate degrees for high-skilled jobs or taking other college credit-bearing courses.
Increasing Education Funding to Help Children Succeed
The final education budget includes record support for schools of more than $26 billion, including an increase of $1 billion over last year. This four-percent increase continues the Senate’s commitment to funding education at a rate higher than the growth of the rest of the budget. Other highlights include:
· Nearly doubling the Governor’s Foundation Aid proposal with $281 million in additional funding, for a total increase of $619 million in 2018-19;
· Fully funding expense base aids at $240 million;
· Increasing funding for charter schools;
· Increasing funding for STEM programs in non-public schools by $10 million for a total of $15 million;
· Continuing $15 million in security grants for non-public schools;
· Restoring a $7 million cut in the Executive Budget for non-public school immunization funding;
· Creating the “No Student Goes Hungry” program to provide students of all ages, backgrounds, and financial situations access to healthy, locally-sourced meals to address child hunger. It includes an expansion of the Farm-to-School Program to utilize locally-grown, quality meals, which will support local agriculture and an improved learning experience for children.

Preparing Students for Bright Futures Through Higher Education
The final budget provides $7.6 billion to support higher education in New York. Among the highlights are record-high levels of more than $1 billion in funding for tuition assistance and financial aid this year; a restoration of $35 million for Bundy Aid; and an overall funding increase in base aid funding for community colleges by $18 million - $12 million for SUNY and $6 million for CUNY - to help prevent tuition hikes. It also includes $200 million for educational opportunity programs and the Collegiate Science and Technology Entry Program (CSTEP), among others, and restores $200 million in Executive Budget cuts to SUNY and CUNY’s capital programs. To help working parents succeed in school, $2 million was restored for child care centers at community colleges, and to support New York’s Bravest, firefighters would be allowed to take up to one CUNY course that pertains to their line of work for free, similar to what police officers are currently offered.

Promoting Economic Growth Through Infrastructure Investments
To ensure New York has the infrastructure in place to attract and expand businesses, the Senate has secured $122 million in new capital funds to support investments in transportation, environmental mitigation, aviation, and other economic development-related infrastructure projects throughout the state.

Providing Safe, Reliable Transportation
To help localities repair and rehabilitate local roads and bridges, the enacted budget provides an additional $65 million in one-time Consolidated Local Streets and Highway Program (CHIPS) funding for extreme winter recovery, for a total of $503 million.

The budget also supports the Metropolitan Transportation Authority with a $334 million - 7 percent – increase in funding over last year for a total of more than $4.8 billion in operating assistance. This includes $254 million to fully fund the state’s half of this year’s $418 million obligation towards the $836 million Subway Action Plan, with New York City responsible for contributing the remaining half.

There is an additional $20 million in non-MTA transit capital, for a total of $104.5 million for 2018-19, and a two percent increase in state operating assistance to all non-MTA systems, for a total of $530 million.

SECURITY

Providing Record Support for Heroin and Opioid Abuse Prevention and Treatment
The Senate secured a major increase in funding to combat the opioid epidemic for a new record investment of $247 million – $20 million above the 2018-19 Executive Budget proposal, and $37 million above 2017-18. Among the highlights are:
· $10.6 million to support services including more residential treatment beds, a new Recovery and Community Outreach Center, and an Adolescent Clubhouse program to provide peer support activities and events that help maintain a sober and substance-free lifestyle;
· $3.8 million for the development and implementation of substance use disorder treatment in local jails; and
· $1.5 million for the creation of an Independent Substance Use Disorder and Mental Health Ombudsman to assist individuals in receiving appropriate health insurance coverage.

In addition to record funding, the budget includes a Senate-driven initiative to help prevent and address an increase in the number of babies born addicted to opioids. The budget creates a new program and provides $1 million to further educate and assist health care providers in caring for expectant mothers and new parents with substance use disorders and help ensure they receive appropriate care, with an additional $350,000 provided for infant recovery centers.

It also prohibits prior authorization for outpatient substance abuse treatment to ensure people are able to get the help they need immediately. And the budget makes permanent the state’s certified peer recovery program, where those in recovery utilize their expertise and experiences to promote the success of others battling substance abuse.

To help increase the tools available to law enforcement to get dangerous drugs off the streets, the budget adds two new derivatives of fentanyl and several new hallucinogenic drugs, synthetic cannabinoids, and cannabimimetic agents to the state’s controlled substances schedule.

Preventing Sexual Harassment in the Workplace
The Senate Majority has taken a leadership role to create safer workplaces free of sexual harassment and abuse, including passing comprehensive legislation earlier this month. As a result of the Senate’s strong advocacy on this issue, the final budget measure:
· Prohibits secret settlements unless the victim requests confidentiality;
· Prohibits mandatory arbitration for sexual harassment complaints;
· Protects non-employees in the workplace;
· Creates a uniform sexual harassment policy and training for businesses as well as state and local governments;
· Requires all state contractors to submit an affirmation that they have a sexual harassment policy and that they have trained all of their employees; and
· Protects taxpayer funds from being used for individual sexual harassment judgements.

Helping Survivors of Rape and Sexual Assault
New requirements included in the budget ensure untested rape kits are stored for 20 years, an increase from the current 30-day requirement. This will address serious concerns about the current lack of long-term storage for untested rape kits and will increase the ability of rape and sexual assault survivors to get justice. The state will develop a plan to identify a location that will house untested forensic rape kits for 20 years and develop a system for those kits to be tracked by survivors. In addition, rape survivors will not ever have to pay any costs, including insurance co-pays, for a rape examination or hospital visit.

An additional $147,000 was added by the Legislature to support Rape Crisis Centers, for a total of nearly $6.5 million. These measures build upon recent laws championed by the Senate over the last few years to provide funding and make sure New York State is testing all rape kits, no matter how old, and including DNA evidence in the national CODIS database so matches can be made and criminals brought to justice.

The budget includes $300,000 for a Senate initiative that establishes a Sexual Assault Forensic Examiner (SAFE) telehealth pilot program to ensure providers are able to properly conduct sexual assault examinations at facilities that do not have a designated SAFE program. The provider would be linked by telehealth to a SAFE profession to help care for the victim and make sure evidence is protected.

Preventing “Sextortion”
The budget includes a measure to help prevent sex-related crimes and protect victims from extortion by creating new penalties for the act of sexual coercion – also known as “sextortion.” Anyone threatening a victim’s health, safety, business, career, financial condition, reputation, or personal relationship in exchange for sexual acts will face new felony-level charges.

Combatting Gang Violence
The final budget provides $500,000 to local law enforcement to support youth outreach programs that help prevent MS-13 or other gang violence in Nassau and Suffolk counties. An additional $5.8 million was secured by the Senate in the budget for other local law enforcement initiatives including equipment and technology enhancement, and anti-drug, anti-violence, crime control and prevention programs.

IMPROVING PUBLIC HEALTH AND NEW YORKERS’ QUALITY OF LIFE

Building Healthier Communities
The budget includes $525 million – an increase of $100 million over the Executive Budget proposal - for the Health Care Facility Transformation Program to boost a new third round of awards and help ensure long-term sustainability for facilities as they adjust to the changing dynamics of health care in New York. In addition, the budget provides extensive supports for a variety of important public health initiatives including:
· $27 million for Nutritional Information for Women, Infants and Children;
· $27 million for Alzheimer’s and other dementia related programs;
· $21 million for cancer services;
· $16 million for maternal and child health programs;
· $13 million for chronic disease prevention (including diabetes, asthma, and hypertension);
· $11.2 million for the Doctors Across New York Program;
· $8.5 million in additional funding of the Spinal Cord Injury Research Board;
· $5 million for crucial women’s health initiatives;
· $2.5 million to support organ donation; and
· $283,000 for the Adelphi Breast Cancer Support Program.

Investing in Women’s Health
The Senate Majority successfully advocated for more than $4.5 million in new state funding to enhance women’s access to quality medical care. The budget restores a $475,000 cut the Executive proposed and includes the additional commitment for a total of $5 million that will be used to support initiatives like breast cancer prevention, education, and support, and prenatal and postpartum services, among others.

Preventing Lyme Disease
The Senate’s Task Force on Lyme and Tick-Borne Diseases was once again instrumental in securing a record amount of funding to support education and prevention efforts. The budget restores $400,000 in Executive Budget cuts and includes $600,000 in new funding, for a total of $1 million to support the Task Force’s recommendations.

Protecting the Environment and Critical Water Resources
The Senate continues its longstanding support for the Environmental Protection Fund at a record $300 million. It continues the implementation of last year’s historic $2.5 billion Clean Water Infrastructure Bond Act and supports important initiatives to protect drinking water quality and environmental health, including:
· $65 million to combat harmful algal blooms in Upstate New York waterbodies
· $1.5 million for the Center for Clean Water to help address 1,4-Dioxane – an increase of $500,000 to support additional lab testing equipment;
· $250,000 for the Adirondacks Lake Survey Corporation;
· $200,000 Long Island Commission for Aquifer Protection;
· $200,000 to the Town of Geneva for a Seneca Lake Watershed Manager;
· $150,000 for the Chautauqua Lake Association; and
· $125,000 for water quality monitoring in Manhasset Bay, Hempstead Harbor, Oyster Bay Harbor, and Cold Spring Harbor.

The Senate also included a measure in the budget to require the state Department of Health to establish a statewide plan for examining lead service lines to help reduce harmful lead exposure. The plan would include an analysis of lead service lines throughout the state and a plan for replacement.

Assisting Lake Ontario Communities
The Senate succeeded in providing $40 million in new budget funding to assist owners of residences still needing repairs to property impacted by last year’s historic flooding of Lake Ontario, St. Lawrence River, and their connected waterways.

Bolstering Libraries
The budget continues the Senate’s longstanding support for libraries and the community resources they provide by securing $5 million in operations funding above the Executive Budget and $10 million in additional capital funding for a total capital increase of $20 million.

Supporting New York’s Seniors
The budget reaffirms the Senate’s strong commitment to a wide array of programs and initiatives that serve New York’s senior community so that they can continue leading healthy, secure, and fulfilling lives, including funding for the following:
· $50 million for the Expanded In-home Services for the Elderly Program;
· $31 million for Community Services for the Elderly Program;
· $27 million for the Wellness in Nutrition Program;
· $27 million for Alzheimer’s and other dementia related programs;
· $250,000 for Older Adults Technology Services;
· $132,000 for the Senior Action Council Hotline; and
· $86,000 for the New York Foundation for Seniors Home Sharing and Respite.

In addition to these funds, the Senate remains committed to stopping elder abuse by including $1.2 million to support elder abuse prevention initiatives, and this year’s budget provides funding for a three-hour extension of Adult Protective Services Call Center hours as an additional resource to report suspected cases of elder abuse. The budget also makes the Residential Emergency Services to Offer Home Repairs to the Elderly (RESTORE) program permanent, and continues $1.4 million for this initiative that assists low-income, elderly homeowners eliminate unsafe conditions in their home.

This year’s budget also fully funds New York’s vital Elderly Pharmaceutical Insurance Coverage (EPIC) program at $132.6 million to help cover seniors’ prescription drug needs. It also fully funds the state’s Enhanced STAR school tax relief program for seniors, totaling $865 million.

Helping Our State’s Veterans
The Senate Republican Conference’s support for the heroic men and women in our nation’s military is unwavering. The 2018-19 State Budget reflects this commitment by including:
· $645,000 in additional funding to expand the Joseph P. Dwyer Veteran Services Peer-to-Peer Program to an additional seven counties. Total funding for this successful program, which is based on veterans helping veterans, is now $3.7 million and reaches 23 counties;
· $500,000 for the NYS Defenders Association Veterans Defense Program;
· $250,000 in additional funding for the Veterans Outreach Center in Monroe County, for a total of $500,000;
· $450,000 for the Veteran's Mental Health Training Initiative;
· $220,000 to fund the Veterans Defense Program to Long Island
· $200,000 for Legal Services of the Hudson Valley Veterans and Military Families Advocacy Project;
· $200,000 for Warrior Salute;
· $100,000 for the Veterans Justice Project;
· $100,000 for the SAGE Veterans Project;
· $50,000 for the Vietnam Veterans of America New York State Council;
· $200,000 for Helmets-to-Hardhats;
· $25,000 for the Veterans Miracle Center; and
· $125,000 for Veterans of Foreign Wars NYS Chapter Field Service Operations.

The budget also expands the eligibility criteria for veterans to participate in the state's Home for Heroes program, which helps remove barriers to accessible and affordable housing for veterans with disabilities.

From the State Assembly Majority:

Assembly Speaker Carl Heastie said, "The Assembly Majority is committed to making investments that ensure New York State is a better place to live, work and raise a family. With a focus on Families First, we have crafted a spending plan that makes the necessary investments to strengthen our economy, support working people and preserve essential services that are important to so many citizens.

"This budget will help put New York’s students on a path to achievement from pre-k to adulthood. Led by the Assembly’s efforts, we invest a record $26.7 billion in our public schools and make critical investments in higher education.

"New York City’s transportation system is one of New York’s main economic drivers and vitally important to all who live in the region. The budget provides a sustainability plan to keep our transportation networks moving safely and efficiently, including much-needed investments for public transit in New York City.

"We also secured critical support for our public health systems and, despite federal uncertainties, protected funding for Medicaid and school-based health centers.

"Importantly, we were able to come to an agreement to address the scourge of sexual harassment. This plan is a strong first step and we look forward to future conversations that will help us build on these efforts.

"There is much more to be accomplished in the coming months as we continue to work to move our state forward. I thank the members of the Assembly Majority for their hard work and commitment in crafting a budget that helps citizens grow and thrive in New York."

In Run for Governor, Marc Molinaro Will Make a Character Argument


molinaro w dollar unfundated mandates

Marc Molinaro (photo: @MarcMolinaro)


Marc Molinaro wants you to believe in government again. In order to do so, he will argue, you must elect him to be the next governor of New York, eschewing the cutthroat, divisive, corrupt politics of Andrew Cuomo and opting for unity, dignity, and bipartisan problem-solving.

The 42-year-old Republican is in his second term as Dutchess County Executive; on Monday he will officially launch his gubernatorial campaign from the town of Tivoli, where he grew up and was elected mayor at 18, in 1994. In part, he is going to run for governor on the concept that Andrew Cuomo is a bad guy and that he, Marc Molinaro, is a good guy -- a man with good values, good character, and the right approach to government. Many will vouch for him; and loud will be the chorus decrying Cuomo, who, despite not being particularly well-liked by people in politics, has many of his own advantages as he seeks a third term.

While Molinaro has been a declared gubernatorial candidate for weeks now -- appearing at candidate forums, racking up endorsements from party leaders across the state, and emerging as the frontrunner for the GOP nomination -- Monday will mark a new beginning, setting off a seven-month push to become the first Republican elected statewide since Gov. George Pataki won a third term in 2002.

“We’ve elected state leaders who don’t understand how government is supposed to function,” Molinaro said in an interview earlier this year, “who don’t think they are truly responsible and accountable and ought to be accessible to the voters. And I have done all of that.” In order to inspire more confidence in government, Molinaro will argue, leadership must be more worthy of respect, more attentive, and more competent.

“[W]hen you look to Albany and Washington, you realize all of a sudden that they have one thing in common: they’re divided,” Molinaro says in the campaign video he released last week. “[T[he politics of today seems to be focused on tearing others down instead of lifting up the people we serve. We seek to bring people together, to work together, to overcome our challenges, and I know that the people working together can solve any problem, confront any challenge, and overcome any obstacle."

Though there will be plenty of lofty rhetoric, Molinaro will not be running a purely positive campaign, as he has already fired off acerbic attacks on Cuomo, the Democratic incumbent who must survive his own primary challenge before worrying about the Republican nominee. Molinaro is the heavy favorite to leave his party’s May convention as the nominee -- Republicans are aiming to avoid a contentious primary, while Cuomo is likely to have to battle actor and activist Cynthia Nixon through the September 13 Democratic vote in what is shaping up to be a scorched-earth contest.

Part of the reason Molinaro is favored by many of his partymates is that he is something of an Albany outsider -- though he did spend five years in the state Assembly minority -- who is able to run on executive and legislative experience and a believable platform of changing the way business is done in a state capital known for secretive negotiations, pay-to-play politics, and other legal and illegal ethical breaches. Molinaro’s main competition for the nomination is state Senator John DeFrancisco, the deputy majority leader who has been in the Senate since 1992.

Molinaro is folksy but assertive. He is self-deprecating -- “my mom still thinks I should get a real job” -- with a honed sense of himself and ready ability to talk about what he sees as the strengths of his record, having spent virtually his entire adult life in elected office. He talks about his family a lot - he has three young children, including one with special needs, which has helped inform one of his focus areas as county executive. He talks about growing up with a single mother, eating free lunch at school -- “we struggled quite a bit” -- and is quick to show empathy. He is a people-person; Andrew Cuomo is not.

“I wasn’t born into politics,” Molinaro said in the interview, “nobody anointed me anything.”

There are a variety of clear reasons why Molinaro was recruited to run, even after he said in early January that he had decided against it, leading him to change his mind and answer the call from fellow Republicans. But, he’ll face some daunting challenges if he does indeed win his party nomination and face the incumbent in the general election: raising money, especially enough to compete with Cuomo, who has shown tremendous skill at exploiting New York’s porous campaign finance rules to accumulate a massive $30 million war chest; building name recognition across the state; and appealing to the more conservative Republican base as well as moderates from both major parties and independents.

“There are real people in the State of New York of all backgrounds who I think do want a competent, capable, caring leader, and who are willing to cross party lines to be supportive,” Molinaro said.

Alongside character, he’ll have to compete with Cuomo’s record, which boasts a number of high-profile accomplishments, and the support for the incumbent from the Democratic establishment, including many labor unions, and, perhaps, an activist base that decides Cuomo is preferable to anyone with an “R” next to their name, especially in the Donald Trump era.

New York is a blue state, with a significant Democratic enrollment advantage, and November is expected to usher in the full impact of a blue wave building across the country, including in New York. But, there are many parts of the state that lean Republican and some signs of Cuomo fatigue. Seeking a third term in 2018 may be like seeking a fourth term in earlier eras that didn’t have today’s news cycles and social media. Mario Cuomo, Andrew’s father, lost his attempt at a fourth term to Pataki in 1994.

Andrew Cuomo is likely to be damaged by what is already a bruising primary challenge from Nixon, who, if she doesn’t win, is cutting powerful ads for use against the incumbent in the general. While Nixon is challenging Cuomo from the left flank, her criticisms of him as “corrupt Cuomo,” “Andrew the bully,” a poor steward of the MTA, and more, are all ones that will be tenets of any Republican campaign against the governor.

Though polls and campaign accounts show Cuomo in good position as the campaign season gets moving, and he is a famously crafty political operative, the amount of apparent vitriol from the governor’s left and right should not be underestimated. Nixon launched her campaign less than two weeks ago, many prominent Democrats have sidestepped questions about endorsing the party’s most powerful New York player, and anti-Trump and anti-Senate Independent Democratic Conference fervor may take major bites out of Cuomo’s margins in the primary.

As the calendar turns to April and Nixon throws haymakers, enter Molinaro.

The county executive will talk “purpose” and “service” a lot, he’ll talk about civic responsibility, shared values across political lines, family, and opportunity. He will continue to criticize Cuomo on ethical, management, and leadership lines. He will point to the struggling economies of upstate towns, the floundering New York City subway system, the high property taxes and unfunded mandates on localities, the corruption trials of top Cuomo aides, the secretive Albany budget negotiations, and the vengeful nature of an incumbent with few friends but many allies.

That will take him only so far.

Molinaro will need a clear platform, and his positions on a variety of issues will be vetted carefully. He’ll need to secure votes across upstate New York and break through in the suburban counties surrounding New York City, including the areas around his own home in Dutchess and onto Long Island. He’ll have to make himself exempt from the apparent suburban revolt against Trump’s Republican Party.

Votes from the five boroughs would also be helpful, if not essential -- can he secure the Giuliani and Bloomberg Democrats and independents and hit the “magic 30 percent” that Republicans believe they need in the city to win statewide?

How will Molinaro tailor his campaign in the different regions of the state? How will he talk about Trump? Who will be his lieutenant governor candidate running mate?

As he seeks to mostly take the high road, Molinaro has been critical of the tone and tenor of the 2016 presidential campaign, and said at a recent candidate forum in Manhattan that he will support Trump when he works to help the middle class, but speak up when he disagrees with the president. “You’ll always hear me say it the way I see it, just like I think many people admire the way he says it the way he sees it,” Molinaro said.

Molinaro has said he did not vote for Trump in 2016, instead writing in former Congressional Rep. Chris Gibson, who at one time was many New York Republicans’ hope to challenge Cuomo this year. Gibson decided against running. Molinaro’s opposition to Trump has not stopped many Republican leaders from supporting him.

While some Republicans throughout the state will want to hear Molinaro back Trump’s presidency, Democrats will surely use the president against whoever the GOP nominee is, especially in the state’s large cities and suburbs around New York City.

When asked by Gotham Gazette if he calls himself a moderate, Molinaro said no.

“I have some strongly held beliefs,” he said. “I have had to vote on them from time to time. You could consider me a communitarian. I know it’s not a real term, but it was one. Everyone who has a stake in the game, everyone who has something to win or lose deserves a seat at the table and the leader needs to set the tone. In this case, a governor, a mayor, or a county executive sets the tone that gets people who may be on opposite sides of the issue to find some commonality so that we solve the problem, confront the challenge, and provide the outcome.”

“We have to come to conclusions that don't divide people,” he added. “This governor is often too happy to divide people. If you're too far right, you don't deserve to live in the state of New York. If you’re too far left well then, he suggests, I don’t have to listen to you. The truth of the matter is, everybody who calls the state home has to know that their leader is listening to them.”

Molinaro said he has friends and colleagues who will vouch for him who are Democrats and Republicans. In Dutchess, he said with a laugh, “most of the Democratic leaders hate that they like me.” He said that he would work better with Democratic Mayor Bill de Blasio than Cuomo has.

Molinaro is a fiscal conservative, promising job growth based on smart development, lower taxes, fewer regulations, and tighter government spending. “Driving down the costs of doing business and the cost of living is, I think, paramount,” he said.

He will have his record to run on. “Under Marc's leadership, [Dutchess] County saw a transformation into a community where businesses and families thrive,” said New York City Council Member Joe Borelli, a former Assembly colleague of Molinaro’s who lived in Dutchess for several years and knows Molinaro well. “He is a pragmatic executive, willing to work with all sides, and has a reputation as a problem-solver. Most importantly, he has good character and a strong moral compass that guides his decisions.”

In the interview with Gotham Gazette, Molinaro expressed concerns about the minimum wage hike that Cuomo orchestrated in 2016, which will see the wage hit $15 in many parts of the state over the course of several years. He said that especially outside of New York City, “I don't necessarily think it was a smart move and certainly hasn’t produced, I think, the outcomes outside of the city. I didn’t support it at the time. I’m all for indexing a minimum wage to growth, but I think that frankly it was a decision defined by political expediency. It is not necessarily defined by molding consensus and trying to come up with a policy that was in the best interest of taxpayers and employers and of people struggling to find any job.”

Molinaro believes in targeted support for industries or sectors to help encourage growth, saying that power has become too concentrated in Albany and he wants to return much of it to counties, cities, and towns. Molinaro noted his endorsement from The Sierra Club, saying he was one of the “few Republicans in the state Assembly” to earn the environmental group’s backing. He stressed that he’s not easily labeled.

He promises to make education a priority if elected governor. “I think a wholesale look and review as to how we fund education and how we distribute funding,” he said, adding, “it’s important that we look at the delivery of special education in the state.”

Molinaro may face challenges establishing broad-based appeal on social issues. He appears poised to run with a moderate, inclusive message on immigration, but on gun regulations, LGBT rights, and women’s reproductive freedoms he may struggle to find the constituency needed to win in New York, especially given the attacks that Cuomo would level against him on those issues.

“When I was in the Assembly I did vote against same-sex marriage,” he said of the 2011 vote that moved through what is perhaps Cuomo’s signature policy achievement of his tenure. “I think that we’ve moved along. Everyone now enjoys and has the right to enjoy marriage. To celebrate whoever, with whomever they love. I accept that and as an elected official it’s my job to uphold the laws of the state of New York. I don’t have any reservations about the vote. I also accept that time has passed. As a society we’ve moved forward.”

On abortion rights Molinaro said somewhat similarly. He believes in “preserving life,” he said, “but I accept that there are certain situations where individuals need to be able to make that decision, but I also accept that this is settled law in the state.”

“I’d like us to work as a society, as a community, to reduce the numbers and times that abortion is chosen,” he added. “It’s not something that I could support personally, and I don’t, but I acknowledge that as a society we need to do our very best to help people make as many responsible decisions as possible and there are certain situations, obviously, where women are put into a position having to make that decision. As a government we need to be sure that individuals have access to affordable healthcare to ensure that they’re as safe and healthy as possible.”

On gun regulations, Molinaro echoed what many Republicans across New York believe: “Frankly, I do have concerns with how aggressive this governor has been. I think in some ways irresponsibly ignoring those that do support, as I do, the Second Amendment and forcing legislation without having the kind of local robust conversation necessary. I believe the constitution is as it’s written.” Molinaro is a regular at Friends of NRA events, something Cuomo -- who pushed through the SAFE Act gun regulations in early 2013 -- would likely seek to use against him.

Molinaro has been a steady critic of Cuomo’s ethics, and been among many asking questions about a pay-to-play culture where campaign donors appear to be favored and massive amounts of cash flow into the governor’s coffers from entities that have or hope to win state business. These issues were brought into sharp relief during the recent corruption trial of Cuomo’s top former aide, Joseph Percoco, and others. They will again be on display during another trial set to begin in June that features Cuomo allies, projects, and donors.

The county executive said he’d “like to engage in a comprehensive reform of campaign finance.” He said he’s in favor of closing the LLC loophole, but only in combination with other reforms.

Calling for “wholesale review and reform of campaign finance in the state” that is informed by many perspectives, he said, “I’m one of the people that only thinks people should be able to contribute money.”

“[T]hose are individual rights, those rights extend to individuals,” he said, raising questions about donations from businesses and labor. “[U]nions have a great deal of influence, corporations have a great deal of influence; the state contribution limits are astronomically out of line to other states, independent expenditure opportunities are pretty broad in the state. There are a lot of those reforms that I think should go hand-in-hand,” he said.

The endorsements of Molinaro that have steadily flowed in over the past few weeks speak to faith in him as a leader and as a person.

J.C. Polanco, a Bronxite who works for the Assembly minority and has known Molinaro for over a decade, believes he is the type of candidate Republicans need to run more in New York. “His youth and moderate positions on immigration, criminal justice, taxes and widening the tent of our party is one of the main reasons I'm excited to support my friend Marc,” said Polanco, who unsuccessfully ran for New York City Public Advocate last year. “At a time when many moderate Republicans like me feel unwelcomed he's one of the few guys that has made it a point to include me and others like me into the conversation.”

Many of those offering their backing cite different reasons, namely reigning in state spending, improving the economy, lowering taxes, and leading a more ethical government.

In his endorsement of Molinaro, Suffolk County Republican Committee Chair John J. LaValle called him “a proven leader” who “has both the executive and legislative experience, together with the energy and enthusiasm to lead our ticket to victory this November.”

LaValle said that New Yorkers “are desperate for a Governor that is truly committed to cleaning up our government and fighting for our overburdened taxpayers. It's time to replace the Governor who has led New York to the bottom of virtually every economic category, while focusing on self-promotion.”

As he formally launches his campaign, Molinaro will have to start proving that he can raise the money to compete, and that he has a sense of the path to victory. Much will depend on who emerges from the Democratic primary, but Cuomo is the obvious favorite at this point, no matter the state of the New York City subways, the recent corruption conviction of his former top aide, or the upcoming trial of his former economic development czar.

Molinaro’s campaign believes that the stage is set for a competitive race, though, in large part because of those corruption trials, which have helped sink Cuomo’s standing in and around Syracuse, Buffalo, and Rochester, and the primary challenge from Nixon, which could damage Cuomo badly downstate.

“I’ve thought about what a roadmap looks like and how one as a Republican in this state can win,” Molinaro said. “We know it takes a lot of messaging and action in New York City to allay fear.” To find a Republican governor acceptable, he said, would mean building trust in and around the five boroughs, but that he would be aided by the fact that Cuomo has “eroded” a significant portion of the progressive base of the party.

“And frankly upstate it’s community by community,” Molinaro said. “It just is. You have to be willing to commit every day until Election Day to go to, to get to the VFWs and fire houses and the community organizations, and as many voters as possible and make that connection.”

“I'm not naive, I've worked on campaigns, I've run for office, it’s a lot of work,” he said. “[O]utside of the city it’s district by district. It’s neighborhood by neighborhood. Building the network to send your message over and over again so that we not only, not only earn the support but get the turnout.”

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by Ben Max, Gotham Gazette
     

Read more by this writer.

Cynthia Nixon Recently Re-registered to Vote in Manhattan


Cynthia Nixon campaign event

Nixon at a campaign event (photo: @CynthiaNixon)


When actor and activist Cynthia Nixon recently launched her gubernatorial campaign, she said that in 2010 she voted for Andrew Cuomo, the man she is now running to unseat in this year’s Democratic primary, but that she became disillusioned with the governor as his approach to governance took shape.

While there is no apparent reason to doubt Nixon’s claim about that vote, there are questions about her voting record, particularly where she has been registered in recent years.

Nixon has shifted her voter registration multiple times in the past few years, recently re-registering in Manhattan, where she lives, a few weeks before voting in the 2017 general election.

Manhattan Board of Elections records obtained by Gotham Gazette show that in October the actress and activist, who announced her challenge to Cuomo last week, shifted her voter registration from Montauk, on Long Island, to Manhattan. It appears that Nixon was only registered in Suffolk County a short time, however, having previously been registered in New York County (Manhattan), where she voted for Mayor Bill de Blasio in the 2013 election, according to her campaign. During that election, Nixon was a prominent backer and surrogate for de Blasio.

Based on the Board of Elections records, Nixon did not re-register in the city in time to vote for de Blasio in the 2017 Democratic mayoral primary, which he won handily, but she did vote in the general election. BOE records indicate if a voter went to the polls for a certain election, but a Nixon campaign spokesperson said she voted for de Blasio as he easily outran a field led by Republican nominee Nicole Malliotakis.

It is not clear why Nixon changed her registration to Montauk, which is on the far eastern tip of the south fork of Long Island. NY1’s Courtney Gross reported on Friday that it may have been in an effort to vote in a contentious 2016 congressional election in the district encompassing the Montauk address Nixon used to register, which is listed on her 2017 Manhattan BOE form as her prior voting address.

Asked a series of questions about Nixon’s registration and voting history, campaign spokesperson Rebecca Katz said in a statement, “Despite New York’s archaic voter laws, Cynthia has been a regular and active voter who has voted in 36 primary and general elections over the past 26 years.”

Katz did not explain why Nixon had shifted her registration or provide her full voting history. The Board of Elections will only provide records based on the current registration of a voter. Katz did say that Nixon voted in the 2013 New York City mayoral primary and general and in the 2014 primary and general elections. Katz said Nixon voted for Zephyr Teachout in that year’s Democratic gubernatorial primary against Cuomo as he sought a second term. Teachout, who won 34% of the vote in that primary, is now Nixon’s campaign treasurer.

Katz did not respond to the question of whether Nixon voted for Cuomo in the 2014 general election, when he beat a field led by Republican nominee Rob Astorino.

Nixon voted in both the primary and general elections in 2016, Katz said, presumably voting for Hillary Clinton over Donald Trump in November of that year. Nixon, like Cuomo, backed Clinton in that year’s Democratic primary.

Nixon, a first-time candidate for elected office, is now challenging Cuomo from his left, running on more of a Bernie Sanders-style platform. One issue that progressive activists are upset with the incumbent governor about -- and that came into stark relief around the time of the 2016 Clinton-Sanders primary -- is the state's antiquated election laws, including lack of early voting and same-day registration, and party-change deadlines extremely far in advance of the applicable vote.

 

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by Ben Max, Gotham Gazette
     

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‘Sex and the City’ Likely to Stay on Air Through Nixon-Cuomo Primary


nixon hobbes sex and the city

(image via Sex and the City website)


With actor Cynthia Nixon now running for governor of New York, questions arise about whether reruns of her most famous show, “Sex and the City,” would need to be pulled from the airwaves to not violate federal election rules mandating equal time for candidates on television and radio broadcast networks.

But, given its current distribution, Nixon’s show may not be subject to the federal equal time rule, which applies to broadcast networks but not cable channels or streaming services.

The Federal Communications Commission has, since 1934, required that broadcasters provide equal time to political candidates so as to not create the appearance of bias or reality of favor. The rule has come into play in recent celebrity campaigns, including that of former California Governor Arnold Schwarzenegger. But “Sex and the City” may be able to get around this because it airs in syndication on cable, which is not explicitly regulated under the rule.

“Sex and the City,” on which Nixon famously played Miranda Hobbes, originally aired on premium cable channel HBO from 1998 to 2004 and currently airs in syndication on the E! Network. It also streams through HBO and Amazon online platforms.

Exemptions to the federal rule also include appearances on newscasts, news interviews, documentaries, and “on-the-spot coverage” of news events. In the decades since its inception, the FCC has broadly interpreted this statute, according to The Atlantic, to include exemptions for interviews on television talk shows, including those which are primarily comedic instead of news -- for example, late-night variety shows like The Tonight Show.

What isn’t exempted is scripted programming, such as “Sex and the City,” whether the series or one of the two movies with the same name. During the 2016 presidential election, candidates Donald Trump, Hillary Clinton, Bernie Sanders, and Ted Cruz all appeared on “Saturday Night Live” during their respective campaigns, all in scripted comedic roles. Only Trump, however, actually hosted the program, which resulted in requests from rival candidates John Kasich, Lindsey Graham, Jim Gilmore, and Mike Huckabee for equal time on NBC’s airwaves. The request was granted with airtime on local affiliates in Iowa, New Hampshire, and South Carolina.

Networks are not required to comply with the rule unless equal time is specifically requested by a rival candidate. Candidates have one week from the initial broadcast to make a request.

Broadcast networks are subject to much more stringent FCC regulations in general than cable networks. Broadcast networks transmit television and radio content over public airwaves, while cable content is broadcast through privately owned cable infrastructure.

Prior to Nixon’s run, the issue has arisen with past celebrity candidates. When Schwarzenegger, one of the biggest movie stars in the world at the time, ran for governor of California in 2003, broadcast network affiliates in the state stopped airing his films. When Fred Thompson ran for president in 2008, Law & Order reruns where he appeared were halted by NBC. But cable network TNT aired both Schwarzenegger films and Thompson reruns without challenge.

Though Trump faced an equal time question when he hosted SNL, the issue largely didn’t come up in relation to his longtime television show, “The Apprentice.” After Trump’s inaugural campaign remarks where he accused Mexican immigrants of being “rapists,” NBC cancelled its business relationship with Trump and removed the Trump-helmed show from its lineup and its streaming platforms.

It’s not firmly established legal precedent that cable networks aren’t subject to the equal time rule, but rather an area that the FCC has not yet breached. The FCC has not had serious talks about extending the regulations to cable. If Governor Cuomo’s campaign requested equal time, it’s likely the FCC would reject the application, but the pressure to appear impartial in the race may lead to NBCUniversal, E!’s parent company, to voluntarily remove the show from its schedule.

The Cuomo and Nixon campaigns did not respond to requests for comment for this story.

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by Ben Brachfeld, Gotham Gazette

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The Week Ahead in New York Politics, March 26


New York City Hall

New York City Hall


What to watch for this week in New York politics:

A new state budget due by midnight Saturday, but lawmakers have promised to have the spending plan completed before Friday, acknowledging the Passover and Easter holiday weekend. Legislators are scheduled to be in Albany Monday through Thursday. As in years past, there is always a chance that the budget is not done until after the new fiscal year begins April 1. State officials could break for the holiday weekend and resume talks next week, but as is always the case in Albany, things are fluid and much will be brokered behind closed doors and voted through, most likely, in the middle of the night with little-to-no public review of the final budget and policies stuffed into bills. [READ: Key New York City Issues in Final State Budget Negotiations]

Budget negotiations are taking place amid the political backdrop of a major election year, with races for Congress, state Legislature, and statewide positions, especially governor. This will be Cynthia Nixon’s second week of candidacy in the Democratic primary, where she is trying to unseat Cuomo, and we’re watching to see when she will hold events outside the five boroughs. Nixon is making her first trip to Albany as a declared candidate on Monday, to criticize Cuomo on education and corruption - see below for details.

And Monday marks one week until Dutchess County Executive Marc Molinaro plans to formally launch his gubernatorial campaign, which is already declared and strongly supported by many Republicans across the state. Molinaro is currently seen as the frontrunner for the nomination, which will be decided at the party convention in May. Molinaro has said he’ll formally launch his campaign Monday April 2.

As politicos in New York City try to shape state budget outcomes this week, City Council hearings on Mayor Bill de Blasio’s preliminary budget will conclude. Next steps for the city budget will be significantly affected by both City Council priorities and the details of the state budget, not to mention the federal spending bill that was just passed in Washington, D.C., and signed by President Donald Trump.

De Blasio just cut what was supposed to be a long weekend in Florida short after the death of a New York City firefighter late Thursday night (on Monday, de Blasio will attend the wake of FDNY Lieutenant Michael Davidson). De Blasio was thus around to participate in the March For Our Lives event that took place in Manhattan on Saturday, where many other public officials also marched to call for federal action to better regulate guns and take other steps to reduce gun violence.

The Manhattan march was part of a national movement with dozens of marches, the main one took place in Washington, D.C., led by survivors of the February 14 school massacre in Parkland, Florida.

De Blasio will surely be working this week to influence the state budget outcomes, largely through the leadership of Assembly Speaker Carl Heastie, of the Bronx, who is the city’s main advocate in Albany. De Blasio is also due to hold a town hall meeting in Queens on Wednesday night.

As always, there's a great deal happening all over the city, with many events to be aware of - see our day-by-day rundown below.

***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
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The run of the week in detail:

Monday
On Monday, Mayor de Blasio will attend the wake of FDNY Lieutenant Michael Davidson, which is closed to the press. In the 7 and 11 p.m. hours, the Mayor will appear on NY1’s Inside City Hall.

At the City Council on Monday, the following committees will hold preliminary budget hearings:
--Education at 10 a.m., regarding the School Construction Authority.
--Oversight & Investigations, regarding the Department of Investigation.
--Immigration at 10 a.m., regarding the Mayor’s Office of Immigrant Affairs.
--Civil and Human Rights at 1 p.m., regarding the Human Rights Commission and the Equal Employment Practices Commission.

The New York State Legislature will be in session on Monday in Albany.

At 9 a.m. Monday, the Association for a Better New York will host a debate on the topic of congestion pricing, moderated by NY1’s Errol Louis. Arguing for congestion pricing will be MTA board member Veronica Vanterpool and Regional Plan Association chair and MTA board member Scott Rechler; arguing against congestion pricing will be Assemblymember David Weprin and Patrick Hyland, executive director of the NY Metropolitan Trucking Association. The event will take place at The Mezzanine.

At 9:30 a.m. Monday, advocates will rally on the steps of City Hall to call on the mayor and City Council to restore funding for adult literacy education in the city’s upcoming budget.

"On Monday, March 26, New Yorkers Against Hidden Predators (NYAHP), an organization of advocates and sex abuse survivors from across New York, will be at the New York State Capitol from 10:30 a.m. to 4 p.m., urging Senate Majority Leader John Flanagan and Senate Republicans to include the Child Victims Act in the state’s budget. NYAHP survivors and advocates, including co-founders Kathryn Robb, Steve Jimenez, and Marci Hamilton, will be available for comment throughout the day," per a media advisory.

On Monday at 11 a.m. at the state Capitol, "Watchdog Groups Call for Passage of Budget Proposal Creating Greater Transparency and Accountability of Business Subsidies." Participants will include "Reinvent Albany, Citizens Budget Commission, Fiscal Policy Institute, League of Women Voters New York State."

At 11:30 a.m. Monday, State Comptroller Tom DiNapoli will release his annual “Wall Street bonus estimate” and report on Wall Street profits for 2017. [Listen to DiNapoli discuss the report and much more of his work, assessment of state finances, and key issues facing state budget negotiations on the latest episode of What's The [Data] Point? from Gotham Gazette and Citizens Budget Commission]

At noon at the Hilton Albany, "Candidate for governor of New York, Cynthia Nixon, will return to Albany on Monday to speak out against Andrew Cuomo’s budget and demand that public schools in every district in the state get the resources they need. Cynthia will speak at a press conference sponsored by the Alliance for Quality Education, followed by a roundtable with parents from around the state."

At 1 p.m. Monday, City Council Speaker Corey Johnson will speak at the Lavendar Line exhibit opening, at LaGuardia Community College.

On Monday at 1 p.m., "Brooklyn Borough President Eric L. Adams will be joined by an array of parks advocates in Highland Park, which straddles the Brooklyn-Queens border and is home to the newly nationally-recognized Ridgewood Reservoir, as he unveils the findings of “Pulse of Our Parks,” a year-long analysis conducted to assess the condition of 270 parks across the borough. In addition to identifying key areas where Brooklyn’s parks fall short — including in access to comfort stations, drinking fountains, and publicly-accessible Wi-Fi — as well as showing which communities are best served by quality open space, the report recommends ways that community engagement and new City funding can support “complete parks” and their upkeep. The report’s announcement comes one day ahead of the City Council’s preliminary parks budget hearing, and will be held at the Ridgewood Reservoir, which Borough President Adams and other local elected officials recently supported for designation to the National Register of Historic Places; this 50-acre reservoir served as a main water supply for Brooklyn from 1858 to 1959. Borough President Adams will be joined by representatives from Coney Island Beautification Project, Friends of Wingate Park, Friends of St. Johns Park, and Open Space Alliance for North Brooklyn (OSA)."

"On Monday, March 26 at 2:45 PM, Assemblymember Linda Rosenthal, State Senator Brad Hoylman, State Senator Tim Kennedy, and child sex abuse survivors and advocates will deliver more than 100,000 petition signatures to the Senate Republicans, calling for inclusion of the Child Victims Act in the New York State budget. This includes over 45,000 petition signatures collected by Senator Hoylman, Senator Kennedy, and Assemblymember Linda Rosenthal and an additional 75,000 signatures collected by survivor Melanie Blow. The senators and dozens of survivors and advocates will hold a press conference at 2:45 PM outside the Senate Chambers before delivering the signatures."

At 6 p.m. Monday, State Comptroller Tom DiNapoli will join the New School’s Center for New York City Affairs to discuss his efforts as comptroller “to shape corporate policies and practices on environmental, social and governance issues and achieve strong returns for the fund.” The event will take place at the Theresa Lang Student Center in the West Village.

At 7 p.m. Monday, Public Advocate Letitia James will deliver remarks at the Sunnyside Shines Annual Meeting.

Tuesday
At the City Council on Tuesday, the following committees will hold preliminary budget hearings:
--General Welfare at 10 a.m., regarding the Human Resources Administration, Department of Social Services, Department of Homeless Services, and the Administration for Children’s Services. The Juvenile Justice Committee will join for the hearing on ACS at 1:30 p.m.
--Contracts at 10 a.m., regarding the Mayor’s Office of Contracts.
--Parks & Recreation and Capital Budget jointly at 1 p.m., regarding the Department of Parks & Recreation.

Also at the City Council on Tuesday:
--The Subcommittee on Zoning and Franchises will meet at 9:30 a.m.
--The Subcommittee on Landmarks, Public Siting, and Maritime Uses will meet at noon.
--The Subcommittee on Planning, Dispositions, and Concessions will meet at 2 p.m.

"On March 27th at 11 AM, representatives of the Good Call organization and advocates for criminal justice reform will deliver over 1,000 petition signatures calling for City Council to support expansion of the critical Good Call program. The community-led Good Call service provides timely legal representation and family notification for people in New York City jails. With the City Budget close to completion, these activists are calling on the City to help expand Good Call to all five Boros by funding the program in the budget this year. Good Call's Co-Executive Directors will deliver the petition to City Council during the Juvenile Justice Preliminary Budget Hearing that afternoon."

The New York State Legislature will be in session on Tuesday in Albany.

The Joint Commission on Public Ethics will meet on Tuesday in Albany.

At 9 a.m. Tuesday, the Senate Standing Committees on Investigations & Government Operations, Energy & Telecommunications, and Aging will meet jointly in Albany for a public hearing to “evaluate the reason behind widespread power outages and slow restoration of power in the Hudson Valley over the past two weeks.”

At 10 a.m. Tuesday is the funeral of FDNY Lieutenant Michael Davidson, who recently died fighting a fire. Many elected officials will attend. Mayor de Blasio will be among those who deliver remarks.

At 4 p.m., de Blasio will "hold public hearings for six pieces of legislation: Intro. 600-A reaffirms the declaration of NYC’s housing emergency and extends rent stabilization laws to April 1, 2021; Intro. 262-A requires reporting on how many students have individualized education programs by school; Intro. 410-A mandates the creation of a plan to offer 21-24 year old homeless young adults the same services as 16-20 year old homeless youth and requires annual reporting on services and demographics; Intro. 490-A mandates time frames for runaway and homeless youth shelter services; Intro. 556-A relates to shelter services for homeless young adults; and Intro. 605-A requires reporting on marijuana possession enforcement by NYPD. This event is open press. There will be no Q-and-A."

At 5:30 p.m. Tuesday, Bronx Borough President Ruben Diaz Jr will host a celebration of Women’s History Month at the Tosca Marquee in Throgs Neck.

Comptroller Scott Stringer will host a Women's History Month event on Tuesday evening.

Wednesday
At the City Council on Wednesday:
--The Committee on Land Use will meet at 11 a.m.
--The Committee on Consumer Affairs and Business Licensing will meet at 2 p.m. to discuss a proposed law “adding members to the nightlife advisory board.”

The New York State Legislature will be in session on Wednesday in Albany.

At 8 a.m. Wednesday, Crain’s New York Business will host Rick Chandler, the commissioner of the New York City Department of Buildings, for a “Business Breakfast Forum” at the New York Athletic Club. Chandler will “discuss efforts to modernize the Department of Buildings, improve efficiency and enforce the city’s new construction safety law.”

At 10 a.m. Wednesday, the City Planning Commission will hold a public meeting at 120 Broadway.

On Wednesday at 10:30 a.m. by conference call with members of the media, "Citizens Union will announce the latest findings of their annual “Spending in the Shadows” report, illuminating $11.7 billion in nonspecific lump sum funding “pots” found in the New York FY 2019 Executive Budget. “Spending in the Shadows” is the fifth report which identifies lump sum expenditures proceeding without information as to their specific justification or use. Additionally, this spending lacks information about who will benefit from these sums of money, now equalling an amount over $11.7 billion. Without any public reporting from the New York State Assembly or Senate, New Yorkers need a clear way to judge or understand the spending of these enormous sums of money."

At 6 p.m. Wednesday, City & State will host its 2018 “Above & Beyond Awards” at DREAM Downtown, honoring “30 exceptional women from New York for their accomplishments across various sectors including politics, media, education, nonprofit, and beyond.” Honorees include Lieutenant Governor Kathy Hochul, Manhattan Borough President Gale Brewer, and State Regents Chancellor Betty Rosa.

At 6 p.m. Wednesday, City Council Speaker Corey Johnson and the Council Women’s Caucus will hold a celebration of Women’s History Month in the Council Chambers.

At 6:30 p.m. Wednesday, Mayor de Blasio will hold a town hall meeting at IS 145 in Jackson Heights, Queens. He will be joined by City Council Member Danny Dromm, Queens Borough President Melinda Katz, and Assemblymember Michael DenDekker.

Thursday
The New York State Legislature will be in session on Thursday in Albany.

At noon Thursday, the Manhattan Institute and Empire Center will host “New York After Tax Reform: What the SALT Deduction Cap Means for the Empire State” at the Harvard Club in Midtown. The event will discuss the impacts of the tax reform bill on New York State and Governor Cuomo’s proposals to restructure the state tax code in response. Speakers include Scott Drenkard of the Tax Foundation, EJ McMahon of the Empire Center, and Andrew Mason of Sullivan and Cromwell; they will sit on a panel moderated by MI’s Howard Husock.

Thursday is the declared deadline for reaching a state budget deal for the fiscal year that begins April 1.

Friday and the weekend
Mayor de Blasio may make his weekly appearance on WNYC’s The Brian Lehrer Show at 10 a.m. Friday.

Passover begins at sundown Friday night.

Saturday at midnight is the actual April 1 start of the new fiscal year.

Sunday is Easter.

***
Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).

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by Ben Brachfeld and Ben Max
@GothamGazette

What's The [Data] Point? 17%, with Comptroller Tom DiNapoli


whats the data point


What's The [Data] Point? Episode 35 -- 17%, with Tom DiNapoli [You can download What's The [Data] Point? wherever you get your podcasts, including on iTunes]

wtfp dinapoli w md and bmComptroller Tom DiNapoli just released his annual report on Wall Street, and 17% -- this episode's data point -- is the increase in the average bonus paid by the securities industry, more colloquially called Wall Street, in 2017. This brings the average bonus to more than $161,000. Wall Street profits were also up strongly in 2017, and so was employment -- however, employment is still 6% below the pre-recession level of 188,900.

On this report and much more, Comptroller DiNapoli spoke at a Citizens Budget Commission event and then sat with podcast hosts Maria and Ben for a few questions. Listen to DiNapoli's remarks, then make sure to stay tuned for that Q&A that touches on the state budget, response to federal tax cuts, activism in the pension funds and more.

Listen to the conversation and let us know what you think: Ben Max of GG (@TweetBenMax), Maria Doulis of CBC (@MariaDoulis). Listen below or download wherever you get your podcasts!

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by Ben Max, Gotham Gazette
     

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