Committee Chair Vacancies
This election cycle has already created changes within the State Legislature, as various Standing Committee Chair positions have become vacant. While some positions were vacated due to impending retirement, many committees had the leadership post announce a run for higher office. The Committee Chair positions that are expected to be, or are already, vacated are:

•    Assembly Corporations Authorities and Commissions
•    Assembly Higher Education
•    Assembly Local Governments
•    Assembly Tourism, Arts and Sports Development
•    Assembly Veterans Affairs

•    Senate Consumer Protection
•    Senate Disabilities
•    Senate Ethics and Internal Governance
•    Senate Insurance

Please note that all New York State Legislators are up for reelection this November. No statewide positions, such as Governor, Attorney General, or Comptroller, are up for reelection.

Equal Rights Amendment
This November, New York State voters will consider a significant constitutional amendment known as the Equal Rights Amendment (ERA). This proposed amendment aims to expand the current anti-discrimination protections in the New York State Constitution. Specifically, it seeks to prohibit discrimination based on a person’s ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy.

This amendment follows the passage of similar measures in other states and is part of a broader movement to update civil rights protections. The proposed ERA was passed by the New York State Legislature in two successive sessions, first in June 2022 and again in January 2023, in response to the U.S. Supreme Court’s decision to overturn Roe v. Wade. The amendment has been framed as a way to protect reproductive rights, among other civil rights, although it does not explicitly reference abortion.

Advocates have clamored for additional protections, such as the inclusion of LGBT individuals. The New York State Board of Elections will determine final ballot language on July 29, 2024.

The amendment will be on the ballot for voter ratification on November 5, 2024. If approved, it would add these new protections to the New York State Constitution, ensuring broader civil rights and anti-discrimination measures for all New Yorkers.

Democratic Support
Governor Kathy Hochul has been significantly involved in fundraising efforts to support Democrats in Congress for the upcoming elections. In the first half of 2024, Hochul raised over $7.3 million, setting a record for a New York Governor at this stage in the election cycle. This substantial amount includes $5.8 million for her re-election bid and $1.4 million for the state Democratic Party. Since January 2023, she has raised more than $22 million combined for her campaign and the party.

Hochul’s fundraising efforts are crucial as Democrats aim to flip congressional seats in New York and regain control of the House. She has emphasized the importance of having a robust infrastructure to support Democratic candidates across the State and has been working closely with figures like Senator Kirsten Gillibrand and House Democratic Leader Hakeem Jeffries to bolster the party’s prospects.

After Governor Hochul announced on June 5, 2024 that the implementation of congestion pricing would be “paused,” questions remain on the status of the program. This week, two different lawsuits were filed in opposition to the pause in implementation. Both suits were filed by environmental and commuter advocacy groups, and both suits seek to have a judge affirm the legality of the congestion pricing program.

In response to the lawsuits, a spokesman for Governor Hochul’s office confirmed that 11 separate congestion pricing lawsuits have been filed over the last several weeks: two to move the program forward, 9 suits seeking to prevent the program in full. The latest pair of suits contends that the Governor had no authority to “pause” the implementation, and that pausing congestion pricing affects New Yorkers recently enshrined constitutional right to a clean environment.

The congestion pricing plan was designed to reduce traffic congestion in Manhattan’s central business district by imposing tolls on vehicles entering the area south of 60th Street. The expected revenue from these tolls, estimated at $1 billion annually, was intended to fund Metropolitan Transportation Authority (MTA) projects. With the program on hold, the MTA now potentially faces a $15 billion budget shortfall.

President Joe Biden’s decision to withdraw from the 2024 presidential race has sent shockwaves through the political landscape. The move, just months before the election, marks a significant shift and has catalyzed a scramble within both parties to realign their strategy. Biden, who has faced increasing scrutiny, acknowledged that stepping aside was necessary to bolster the party’s chances against the Republican nominee, former President Trump. This development mirrors the historic withdrawal of President Lyndon B. Johnson in 1968, a decision that similarly reshaped the Democratic primary dynamics.

In the wake of Biden’s exit, Vice President Kamala Harris has emerged as the nominee for the Democratic Party. Harris, who has been Biden’s running mate since 2020, has quickly garnered substantial support from key New York leaders, including Senate Majority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries. This swift consolidation of support underscores Harris’ strong position within the party. Her candidacy represents a continuation of the Biden administration’s policies, with an added emphasis on issues such as social justice, healthcare, and economic equality.

Harris’s ascendancy as the prime candidate brings a historic dimension to the 2024 election. If elected, she would become the first woman and the first person of South Asian and African American descent to hold the presidency. This potential milestone is energizing a broad coalition of voters and activists who see her candidacy as a fulfillment of long-held aspirations for greater representation and diversity in American leadership. However, Harris also faces significant challenges, including uniting the Democratic base and appealing to moderate and independent voters, which are crucial for winning the general election.

While originally sticking with President Biden, Governor Hochul has joined Lt. Governor Delgado in supporting Vice President Harris’ bid. Also this week, all 307 of New York State’s delegates to the Democratic National Convention held an informal vote to solidify their support behind Harris.

Both the New York City Public School System, as well as Governor Hochul, have been discussing banning the use of cell phones in grade schools. New York City School Chancellor David Banks is expected to release guidance soon, while Governor Hochul has been discussing the issue at various roundtables.

This week, Governor Hochul hosted a roundtable in Western New York to discuss smartphone use in schools as part of her statewide listening tour. The session included educators, parents, and stakeholders to gather insights for developing a statewide policy on smartphone usage in schools, aimed at addressing youth mental health issues such as depression and anxiety. This initiative is part of broader efforts, including laws to combat addictive social media feeds and campaigns promoting outdoor activities, to improve the mental health of young people in New York.

The New York State Legislature concluded the 2023-24 NYS Legislative Session this past weekend. Legislative deliberations were delayed when Governor Hochul announced that she is temporarily pausing the implementation of congestion pricing in New York City.

Both the State’s and City’s budgets included assumed revenue from congestion pricing, so legislators attempted to negotiate a solution to ensure fiscal solvency. While this remains an outstanding issue, there is a possibility that legislators will need to return to Albany for a Special Session.

Legislators introduced over 20,000 bills over the two-year period. In 2024, the Assembly passed 964 bills, while the Senate passed 1,690 bills. Of these, 805 bills passed both houses.

Due to the end of the two-year legislative cycle, legislators will choose which legislation will be reintroduced in 2025. All legislation chosen for reintroduction will begin the committee process anew, beginning from its committee of origin, and all reintroduced bills will receive new bill numbers.

The results of this year’s Session are summarized below:

The negotiations for New York State’s 2024-25 State Budget went 20 days past the April 1 deadline. Once the budget bills were finalized, a $237 billion spending plan emerged with several new provisions, including policy changes such as increasing penalties for retail theft and harsher charges for assaulting retail workers.

The budget also makes permanent the sale of to-go cocktails by restaurants, a policy initially introduced during the pandemic. Additionally, the Empire AI Consortium will be established to advance artificial intelligence initiatives with state and private funding. Notably, “Sammy’s Law” will reduce New York City’s speed limit from 25 to 20 mph, and copays for insulin are now banned.

A $2.4 billion allocation will support the costs associated with aiding migrants in NYC. New protections against forced evictions for low-income residents and provisions for renters to challenge significant rent increases have been enacted. Mayoral control over New York City schools is extended for two years, with new provisions to limit class sizes. Development incentives now offer tax breaks to developers who reserve units for low-income residents. The new Supplemental Drug Rebate Program aims to control drug costs by enhancing the NYS Department of Health’s negotiation authority and removing parts of the existing drug cap.

Significant legislative proposals were finalized during the 2023-24 Legislative Session. Though some of these proposals were percolating for years prior, this year saw the passage of:

Teacher Evaluations– The state’s largest teachers’ unions had rallied for changes to the current system of teacher evaluations. New changes to statute will reduce how the evaluations are tied to standardized test scores, and will increase professional development opportunities for teachers.

Children on Social Media– Governor Hochul and lawmakers agreed in the final weeks of Session to pass two measures that will restrict the use of social media by those under 18, and will restrict the types of data being stored by these platforms.

Cryptocurrency and Blockchain Task Force– The Task Force would be tasked with a review of the digital currency, cryptocurrency and blockchain industries in New York State, and the use of digital currencies’ impact on state and local tax receipts

Health Emergency Response Data System (HERDS)– Provisions put forth would require the Department of Health to share aggregate data from HERDS reports with the public.

Grieving Families Act– This legislation would permit families to seek compensation for the emotional suffering caused by the loss of a loved one, in addition to the loss of income. The bill has passed the Legislature in the two prior years but has been vetoed by the Governor each time.

Any legislation that passed both houses can be delivered to the Governor for consideration anytime until the last day of the calendar year. Once delivered to the Governor, she has 10 days to sign or veto the bill. The Governor has until the last day of the calendar year to complete the consideration of all legislation.

With over 20,000 bills introduced in the 2023-24 Legislative Session, many bills never reached the floor for a vote. Below is a list of the legislation that was negotiated arduously, but that was ultimately not passed in both chambers:

Extended Producer Responsibility– This legislation would create a new mechanism to enable New York State to implement packaging and recycling standards on manufacturers. Under the provisions of the bill, companies would be financially responsible for the appropriate recycling of any packaging item.

Bigger Better Bottle Bill– The bill would raise redemption fees for certain beverage containers, including raising: the deposit refund value to ten cents, the handling fee to six cents, and improve the redemption process through implementation of grants to establish new redemption centers.

NY HEAT Act– The bill aims to cap utility payments for low- and moderate-income New Yorkers, eliminate a subsidy for companies to install new gas hookups, and empower the state’s Public Service Commission to enact regulations promoting the transition away from gas. Governor Hochul had included parts of the bill in her Executive Budget proposal.

NY Privacy Act– This legislation would have enshrined mandatory transparency-related data practices; the right for consumers to access, correct, and delete their data; and the requirement for businesses to obtain explicit consent before sharing personal information with third parties. The bill also proposed strong enforcement mechanisms, including significant penalties for non-compliance

Aid in Dying– The New York State Aid in Dying legislation proposes to allow terminally ill adults with a prognosis of six months or less to live the option to request and receive prescription medication to peacefully end their lives.

Congestion pricing in New York City was agreed to by lawmakers in 2019 and set to be implemented on June 30, 2024. However, last week Governor Hochul issued a public statement that she has requested the Metropolitan Transportation Authority to halt the implementation of congestion pricing indefinitely.

The Governor’s administration is also dealing with a difficult implementation of adult-use cannabis. In May, Governor Hochul released the findings of an audit conducted on the New York State Office of Cannabis Management. It showed inefficiencies and problems with licensing. Within days, OCM Executive Director Chris Alexander had submitted his resignation.

During the 2023-24 Legislative Session, several members announced their intention to end their tenure in the NYS Legislature. Some are moving to other endeavors while others are seeking higher office. Senators Kennedy and Mannion both announced their intended runs for separate Congressional seats. Sen. Kennedy has subsequently won his race via special election.

Senator Breslin announced his retirement, leading to Assembly member Fahy announcing her intention to run for the seat. Senator Thomas is also vacating his seat, leading to Assembly member Darling announcing her candidacy for that seat.

Other retirements include Assembly members Aubry, Byrnes, Dickens, Giglio, Goodell, Gunther, Jean-Pierre, Joyner, O’Donnell, Thiele, Weinstein, and Zebrowski. Several of these legislators were long-tenured members with Committee Chair positions. Our team will be monitoring closely when new Committee Chairs are chosen.

Today, the New York State Legislature passed a budget extender and emergency appropriations measure to ensure the State can continue operations through April 4th. Though legislators will not be paid until a final budget is enacted, today’s passage ensures state employees will have timely paychecks.

Due to the Easter holiday, the NYS Legislature was aiming to come to an agreement this week to avoid a late State Budget. Despite the looming April 1 budget deadline, lawmakers have conceded that negotiations will continue into next week.

Legislative leaders in both the Assembly and Senate have characterized negotiations as faring better than years’ prior. Despite this, Senate Leader Stewart-Cousins has noted that talks are firmly “in the middle,” while Speaker Heastie told reporters this week, “I think everybody’s under the understanding that you can’t always get everything you want.”

The NYS Legislature also passed the first of ten budget bills today. The Debt Service bill is typically the first of the budget portions to be passed by both houses as it deals with outstanding state debts. The timely passage of this legislation ensures that the State’s credit rating will remain unaffected.

Budget talks will continue after the holiday and into next week. Education aid, Cost-of-Living-Adjustment for human service providers, retail worker safety, tenant protections, and tax credits for real estate developers are all expected to remain contentious issues.