What a difference 50 years makes – from the
Stonewall Uprising when the forces of government were marshaled against the gay
and lesbian community, to today, when government officials and even members of
New York City’s Police Department, flocked to take part in WorldPride NYC 2019,
the largest Pride event in history.
US State Senator Charles Schumer, with his familiar
bullhorn, declared,, “I was the first US Senator to march, and I won’t be the
Congresswoman Carolyn Maloney, revved up the crowd
to chant “ERA, ERA” and Congressmembers Jerry Nadler and Nydia Velazquez joined
New York State officials were there in force,
including Governor Andrew Cuomo, who appropriately crowed about the gains a
progressive legislature accomplished, NYS’s first black woman Attorney General
Leticia James, Comptroller Thom DiNapoli, and a score of state senators and
Governor Cuomo did not come empty-handed:
he used the occasion to sign into law legislation banning the gay
and trans panic legal defense (S3293/A2707), fulfilling his pledge
to ensure nobody uses this abhorrent legal defense strategy in the State
of New York. The Governor signed the measure, a key component of his 2019
Justice Agenda, on WorldPride and the 50th anniversary of the
Stonewall uprising. The Governor also vowed to double down next legislative
session on his campaign to legalize gestational surrogacy, which the Assembly
failed to take up this year.
and trans panic defense is essentially a codification of homophobia
and transphobia, and it is repugnant to our values of equality and
inclusion,” Governor Cuomo said at a press
conference on the street before joining the parade. “This defense strategy
isn’t just offensive – it also sends a dangerous message that violence toward
LGBTQ people is somehow OK. It’s not, and today we’re sending this noxious
legal tool to the dustbin of history where it belongs.”
NYC Mayor Bill De Blasio, who is running for the
Democratic Nomination for president, marched with the city’s First Lady Chirlane McCray.There were also the
NYC Comptroller Scott M. Stringer with his family, Public Advocate Jumaane D.
Williams, members of the City Council including Speaker Corey Johnson,
There were contingents from just about every city agency, from Sanitation to Transportation, the Department of Social Services, to the Bar Association and teachers.
“In the month of June,
we celebrated 50 years of Pride here in New York State and around the
world,” stated New York’s Lt. Governor Kathy Hochul. “We marched in
parades from Buffalo to Albany, and finished the month with World Pride in New
York City this past weekend.
“We celebrated how far
the LGBTQ+ community has come since the Stonewall Uprising in 1969, and
reflected on the progress we still have to make.
legislative session over the last six months, we made history. GENDA is now the
law of the land, ensuring permanent protections for transgender New Yorkers.
Young people are now protected from the barbaric practice of conversion
therapy. Finally, with the stroke of a pen, we ended the legalized hatred that
was once allowed by the gay and trans ‘panic’ defense.
“I am always proud to
stand in solidarity with the LGBTQ+ community and continue the fight for
New York State Governor Andrew Cuomo did
not come empty-handed to the WorldPride NYC 2019 parade, perhaps the largest
LGBTQIA+ Pride event in history: Cuomo used the occasion to sign into law legislation banning the gay
and trans panic legal defense (S3293/A2707), fulfilling his pledge
to ensure nobody uses this abhorrent legal defense strategy in the State
of New York. The Governor signed the measure, a key component of his 2019
Justice Agenda, on WorldPride and the 50th anniversary of the
Stonewall uprising. The Governor also vowed to double down next legislative
session on his campaign to legalize gestational surrogacy, which the Assembly
failed to take up this year.
“The gay and trans panic defense is essentially a
codification of homophobia and transphobia, and it is repugnant to our values
of equality and inclusion,” Governor Cuomo said at a press
conference on the street before joining the parade. “This
defense strategy isn’t just offensive – it also sends a dangerous message that
violence toward LGBTQ people is somehow OK. It’s not, and today we’re sending
this noxious legal tool to the dustbin of history where it belongs.”
At a press conference before joining the parade, Governor Cuomo said, “What a great, great day
this is. New York is so proud. New York is so, so, so proud to
“New Yorkers are just
New Yorkers. Look, all New Yorkers should be very proud because New York has
always been the home of the LGBTQ equality movement, always. It all started
here. It started at Stonewall, it started when we hosted the first Pride Day
ever. And we’ve kept that legacy alive. This is the leading State in the United
States of America for LGBTQ equality. And we don’t just say it, we do it. We
prove it here in New York.
“What was the first
state to address AIDS and announce the goal of ending AIDS as an epidemic? New
York. What was the first state to end discrimination against transgender
people? New York. What was the first big state to pass marriage equality
and send a message across the nation? New York. What was the first state
to pass GENDA and end discrimination against transgender people? New York.
What was the first state to ban conversion therapy? New York.
“And today, we’re going
to sign a bill that ends the codification of homophobia. Because we have now as
a law in this state, something called the gay and trans panic
defense. That a person can argue – they were so emotionally disturbed when they
found out a person was gay or trans that that is actually a
justification or an excuse for murder. Not in this state. We are going to – not
in this state. Not in this state. Not in this state. Not in this state. Not in
this state. And we are going to end the gay and transpanic defense and we
are going to do it right now. I will sign this now and end this law. It is now
York. Let’s lead once again.”
The gay and trans panic defenses allow those accused of violent
crimes against LGBTQ people to receive a lesser sentence, and in some cases,
avoid conviction, by placing the blame on a victim’s sexual orientation or
gender identity. The passage of this bill would close a loophole in state law
that currently allows individuals to use the gay and trans panic
defenses after attacking another person based upon a perception, or discovery
of, that victim’s gender, gender identity, or sexual orientation.
Brad Hoylman said,”By banning the so-called gay and trans
panic defense, New York is sending a message to prosecutors, defense attorneys,
juries and judges that a victim’s LGBTQ identity shouldn’t be weaponized
against them. I’m proud to be a member of a legislature that protects the
rights of LGBTQ New Yorkers and thank Senate Majority Leader Stewart-Cousins
and Assemblymember O’Donnell for their leadership on this critical
issue. As we commemorate the 50th anniversary of Stonewall, I am extremely
grateful to Governor Cuomo for signing this critical piece of legislation into
law and look forward to continuing to work with him to make New York a more
inclusive, equitable home for the LGBTQ community.”
“In 2013, my daughter Islan was killed in Harlem for being who she was.
Her attacker used the discriminatory ‘trans panic’ defense. I am so grateful
that New York is banning this legislation so that no mother has to go through
this again. We must keep fighting so that all trans people
can live free from violence and discrimination. Thank you to Governor
Cuomo for advocating tirelessly for this bill and for signing it into law
“Banning the “gay
and trans panic” defense in New York is an important and long
overdue step toward treating the LGBTQ community equitably,” Ethan Rice, Senior Attorney,
Fair Courts Project at Lambda Legal. “LGBTQ people in New York should never have to experience
violence. When it happens, LGBTQ people certainly should not be faced with
blame for this violence. These “defenses” have no place in our
justice system. Lambda Legal commends the Governor for signing this bill
today and for his ongoing advocacy on behalf of the LGBTQ community.”
Executive Director of NYC’s LGBT Community Center said, “New York State government has
taken another great step in the right direction, legally halting some enduring
elements of homophobia and transphobia ingrained in our society. After
establishing marriage equality, passing GENDA and ending conversion therapy in
our state, Governor Cuomo showed that he is not done fighting for LGBTQ
equality, and neither are we. We thank him for taking the gay
and trans panic defense out of New York’s court system and for his
commitment to equal rights for all people.”
individual’s actual or perceived sexual orientation or gender as a defense for
violent behavior is abhorrent and will not stand in the State of New York,” Harlem Pride and The NYC Black and Latino
LGBTQ Coalition said. “We applaud Governor Cuomo for his leadership and
dedication to protecting the LGBTQ community and closing the legal loophole
keeping this archaic practice in place.”
Chacon, president of the Latino Commission on AIDS and founder of Hispanic
Health Network said,”As we celebrate LGBT Pride and the
50th Anniversary of the Stonewall uprising we recognize that outlawing the
gay and trans panic defense is long overdue in New York. We
appreciate that this legislation will be signed to ensure this can never happen
again and that people impacted by homophobia and transphobia are no longer
taking the blame for this antiquated loophole. We thank Governor Cuomo for
advancing this important issue and I look forward to him signing this law to
increase protections for the LGBTQ community.”
Rod Townsend, Community Leader said, “A person’s gender identity or sexual orientation is never a justifiable reason for violent attack, and Governor Cuomo closes the loophole in state law that allowed for it in cases of first degree murder today. We look forward to seeing justice for individuals impacted by these crime and will fight to further limit the use of this appalling “blame the victim” strategy in cases of violence against LGBTQ people everywhere.”
Babine, Director of Policy & Programs at the New York Transgender
Advocacy Group said,”Banning the ‘gay
and trans panic’ defense was a huge win for the LGBTQI community,
especially for our Transgender, Gender-Non-Conforming, & Non-Binary
siblings. This year alone, ten Transgender women of color have been found
dead, one right here in New York. The New York Transgender Advocacy Group
stands with pride next to Governor Cuomo as he continues to be a champion for
the LGBTQI community here in New York State.”
Malloy, Executive Director, Rockland County Pride Center said, “New Yorkers do not tolerate hate. We are
a state of love and inclusion, and hold firm to our belief in equality for
every person. The fact that there ever was a legal defense for crimes committed
against the LGBTQ community, specifically based on their actual or perceived
gender identity or sexual orientation is disgusting. Thank you to Governor
Cuomo for his leadership in ending this abhorrent law, and for always speaking
up and protecting LGBTQ New Yorkers.”
Executive Director, Adirondack North Country Gender Alliance said,”New York State prides itself on being an inclusive,
progressive state, where every person can feel safe and welcome. With
his work to end the gay and trans panic defense, Governor Cuomo
continues to ensure that everyone, regardless of their sexual orientation or
gender identity, receives equal protection under New York
State law. I wish to personally thank Governor Cuomo, on behalf
of residents in the Adirondack North Country for
his relentless work to defend the rights of all who call this
beautiful state our home.”
Christopher Goodwin, Supervisor of The MOCHA Center Rochester said, “We at The MOCHA Center and Trillium Health applaud Governor Cuomo for taking swift, progressive action to protect and uphold the rights of LGBTQ New Yorkers. Thanks to his efforts, a dangerous loophole rooted in hate has been erased from our criminal justice system. The gay and trans panic defense should never have been allowed. LGBTQ New Yorkers are grateful that we can now feel safer knowing that we are one step closer to having our lives equally valued and represented under the law.”
Jeff Rindler, Executive Director, Hudson Valley LGBTQ Community Center said, “This revision to our legal system has been long overdue. The human rights of LGBTQ New Yorkers are non-negotiable, and now this hateful excuse will no longer be a permissible defense for homophobic and transphobic hate crimes, which are on the rise. For transgender women of color who experience higher rates of violence, this law is the next step in solidifying protections for our community. I applaud and thankGovernor Cuomo and all the advocates and legislators who worked tirelessly to pass this legislation.”
CEO, GMHC said, “The beginning of the Stonewall rebellion was in New York
City and it was in reaction to hate-fueled actions. Fifty years have passed
since the beginning of our LGBT rights movement and New York has been a model
for LGBT equality, setting a national standard that the rest of the country
must follow. We thank Governor Cuomo for closing a loophole which permitted the
murder of gay and trans New Yorkers due to their perceived sexual
orientation or gender identity. This ensures that justice will be served for LGBTQ
New Yorkers who are the victims of homophobia and transphobia.”
Kristen Prata Browde,
Board President, LGBT Bar Association of Greater New York and
Co-Chair Board of Directors, National Trans Bar Association said,”This shows the kind of change that good government can and
should bring. Banning the trans and gay panic defense is a huge step
towards equality for LGBTQ New Yorkers. Governor Cuomo not only recognized the
absurdity of giving someone a lesser sentence or even a pass after murdering
someone based on their sexual orientation or gender identity, he fought hard
for the ban. As the Governor signs the bill he is once again showing that New
York truly is a beacon to the world and to every LGBTQ person.”
The Governor also released a new video for social media featuring
Delores Nettles, the mother of Islan Nettles, a transgender woman who
was brutally murdered in Harlem in 2013 and whose assailant used the gay
and trans panic legal defense in court. Watch the video here.
New York State Governor
Andrew M. Cuomo took a deserved bow in announcing historic progressive
accomplishments during this year’s Legislative Session, delivering on his 2019
Justice Agenda first laid out in December, and calling it “the most productive
in modern political history.”
“These sweeping reforms
will ensure social and economic justice for all New Yorkers, address the
devastating impact of climate change, support New York’s ongoing commitment to
workers’ rights, modernize transportation systems across the state, and
enhance the Empire State’s nation-leading commitment to gender equity and LGBTQ
rights. All of this was done while enacting fiscally responsible policies
including holding spending growth to 2 percent for the ninth consecutive year,
enacting a permanent property tax cap and cutting taxes for the middle class,”
the governor’s office stated.
“Six months ago we
laid out our 2019 Justice Agenda – an aggressive blueprint to move New York
forward – and today I’m proud to say we got it done,” Governor Cuomo said. “At
the end of the day, the only thing that matters is what you accomplish, and
this was the most progressively productive legislative session in modern
history. The product was extraordinary, and we maintained our two pillars –
fiscal responsibility and economic growth paired with social progress on an
unprecedented and nation-leading scale.”
Here’s a synopsis:
Climate Leadership and
Community Protection Act: This
legislation enacts the Climate Leadership and Community Protection Act,
creating the most aggressive climate change program in the nation with goals
to: reach zero carbon emissions in the electricity sector by 2040; install
9 GW of offshore wind by 2035; 6GW of solar by 2025;
3 GW of energy storage by 2030; and directs state entities to work
toward a goal of investing 40 percent of clean energy and energy efficiency
resources to benefit disadvantaged communities. Additionally, the law creates
the Climate Action Council comprised of the leaders of various state agencies
and authorities as well as legislative appointments to develop a plan outlining
how the state will achieve an 85% reduction in GHG emissions from
1990 levels by 2050, and eventually net zero emissions in all sectors of the
Permanent Property Tax
Cap: Made permanent the 2%
property tax cap, building upon the approximate $25 billion in taxpayer savings
since it was implemented in 2012.
MTA Money and
Management: Funded the MTA
with an estimated $25 billion raised through Central Business District tolling,
a new progressive mansion tax, and the elimination of the internet tax
advantage. Implemented overdue MTA reforms including the developing a
reorganization plan, modifying MTA Board appointments to align with appointing
authority, requiring the MTA to undergo an independent forensic audit and
efficiency review, and calling for a major construction review unit made up of
outside experts to review major projects.
Rights: Governor Cuomo is
enacting transformative legislation in support of LGBTQ rights, including the
elimination of the gay and trans panic defense—closing a loophole in
state law that allowed individuals to use the gay and trans panic defenses
after attacking another based upon that victim’s gender, gender identity, or
sexual orientation. The Governor also enacted into law the Gender Expression
Non-Discrimination Act (GENDA) and a ban on LGBTQ conversion therapy.
Establish a Farmworkers
Bill of Rights: This legislation
established a farmworkers bill of rights, granting overtime pay, a rest day and
the right to unionize.
Enact Additional Sexual
Harassment Protections: This
package of reforms will lower the high bar set for employees to hold employers
accountable under the New York Human Rights Law for sexual harassment by
amending the requirement that conduct be “severe or pervasive” to
constitute actionable conduct; extend the statute of limitations for employment
sexual harassment claims filed with the Division of Human Rights from one year
to three years; and protect employees’ rights to pursue complaints by mandating
that all non-disclosure agreements in employment contracts
include language stating that employees may still participate in
government investigations conducted by local, state, and federal
Expand Statutes of
Limitations for Rape: Statutes
of limitations on rape cases impose a ticking clock on how long victims are
able to come forward if they want to seek charges. Over the last year, victims who
have suffered in silence for decades have bravely spoken about their abuse, and
also have laid bare the state’s limited ability to prosecute their abusers due
to the passage of time. In recognition of this fact, states across the country
are lengthening or eliminating the statutes of limitations on crimes of sexual
violence. This legislation extends the statute of limitations for
Rape in the Second Degree and Third Degree, and expand the civil statute of
limitations for claims related to these offenses, allowing
victims greater opportunity to obtain justice.
Closing the Gender Wage
Gap: Since taking office,
Governor Cuomo has fought aggressively to increase safeguards for women in the
workplace and close the gender pay gap in New York. This package of reforms
includes legislation to expand the definition of “equal pay for equal
work” to prohibit unequal pay on the basis of a protected class for all
substantially similar work and to close any loopholes employers try to use to
pay people less on the basis of their gender, race or other protected classes;
as well as a salary history ban, which prohibits employers from asking or
relying on salary history of applicants and employees in making job offers or
Reauthorize and Expand
the MWBE Program: The Minority and Women-Owned Business Enterprise program has been
highly successful since its inception, establishing the highest goals
for MWBE participation in the entire nation and awarding thousands of
state contracts to minority-owned and women-owned businesses. This legislation
reauthorizes the MWBE program and extends the provisions of law
relating to the participation of MWBEs in state contracts to ensure
this effective program continues.
Protections: This package of reforms,
known as Housing Stability and Tenant Protection act of 2019, enacts the most
sweeping, aggressive tenant protections in state history, safeguarding
affordable housing for millions of New Yorkers.
Remove the Non-Medical
Exemptions for Vaccines: The United States is currently experiencing the worst outbreak of
measles in more than 25 years, with outbreaks in pockets of New York primarily
driving the crisis. As a result of non-medical vaccination exemptions, many
communities across New York have unacceptably low rates of vaccination, and
those unvaccinated children can often attend school where they may spread the
disease to other unvaccinated students. This new law will remove non-medical
exemptions from school vaccination requirements for children and help protect
the public amid this ongoing outbreak.
Education: School aid increased by
over $1 billion, bringing total school aid to a record $27.9 billion. In
addition, new reporting requirements will address imbalances in the
distribution of resources by prioritizing funding at the individual school
level in order to advance a more transparent, equitable education system.
Makes the Jose R.
Peralta DREAM Act a Reality: Finally opens the doors of higher education to
thousands of New Yorkers by giving undocumented New York students the same
advantages given to their citizen peers, including access to the
Tuition Assistance Program and state administered scholarships such
Expands Eligibility for
the Excelsior Scholarship Free Tuition Program: As the state’s successful free tuition
program enters its third year, students whose families make up to $125,000
annually will now be eligible to apply for the program, allowing more than 55
percent of full-time, in-state SUNY and CUNY students—or more than
210,000 New York residents—to attend college tuition-free when combined with
Reform: Sweeping criminal
justice reform was delivered by eliminating cash bail for misdemeanors and
non-violent offenses, ensuring the right to a speedy trial, and transforming
the discovery process.
Continued Investment in
Infrastructure: Builds upon the
Governor’s unprecedented commitment to invest $150 billion in infrastructure
projects over the next five years.
Delivering on the
Gateway Tunnel Project: This legislation establishes the Gateway Development Commission
and creates a comprehensive rail investment program for purposes of the
project. This bi-state effort, in cooperation with New Jersey,
represents significant progress on a crucial project for our nation’s
economy and security while restoring our role as a global leader in
Environment: The launch of the Green
New Deal—the most aggressive environmental protection initiative in the nation,
the ban of single-use plastic bags, launch of the food waste recycling program
and investment of an additional $500 million in clean water infrastructure,
increasing the State’s historic investment to $3 billion, all of which serves
to protect New Yorkers while combatting some of the most pressing threats to
Keeping New Yorkers
Healthy: By codifying
provisions of the Affordable Care Act, New Yorkers can rest assured that their
health needs will be covered, regardless of Washington’s actions.
Rights: Extended Janus
protections to all local governments and guaranteed the right to organize and
Promoting the Democracy
Agenda: To boost New York’s
voter turnout and ensure that New York’s elections remain fair and transparent,
the following initiatives were enacted this year: synchronized federal and
state elections, pre-registration for minors, early voting, universal transfer
of registration, and the advancement of no-excuse absentee voting, and same-day
Common Sense Gun
Reform: Building upon the SAFE
Act—the strongest gun control legislation in the country—additional measures
were enacted this year to ensure guns were kept out of the wrong hands,
including the Red Flag Bill, ban on bump stocks, and extending the background
check waiting period.
Signing the Child
Victims Act: The signing of this
long-awaited legislation provided necessary relief to child victims of sexual
abuse by amending New York’s antiquated laws to ensure that perpetrators are
held accountable for their actions, regardless of when the crime occurred.
Closing the LLC
Loophole: Closed the LLC loophole
by limiting political spending by an LLC to a total of $5,000 annually, which
is the same limit as corporations. The new law also requires the disclosure of
direct and indirect membership interests in the LLC making a contribution, and
for the contribution to be attributed to that individual.
2019 Women’s Justice
Agenda Accomplishments: With the passage of the Reproductive Health Act, Comprehensive
Coverage Contraceptive Act, and the Domestic Violence Survivors Justice Act, as
well as the ban on revenge porn, and strengthened protections for breastfeeding
in the workplace, Governor Cuomo continued his commitment to ensuring fairness
and equality for women across New York State.
New capital funding
investments this year include:
Funding for Extreme Winter Recovery: $65 million in State funding for the
Extreme WINTER Recovery program. Provides enhanced assistance to local
governments for the rehabilitation and reconstruction of local highways and
roads impacted by New York State’s harsh winter weather. This unprecedented
infrastructure investment in local roads and bridges is in addition to the $478
million in State funding provided through the CHIPS
and Marchiselli programs, and $200 million for PAVE-NY and Bridge NY.
Million Public Housing Investment: Building on the State’s unprecedented $550 million investment in
the New York City Housing Authority, the Governor and Legislature are providing
an additional $100 million in capital funding to help support its ongoing
transformation while providing $20 million to support housing
authorities and other housingoutside of New York City.
Million for the Lake Ontario Resiliency and Economic Development Initiative: The Governor and Legislature are providing
$100 million in capital funding to support the State’s up to $300 million
commitment to communities impacted by Lake Ontario Flooding. Launched last
month, the REDI Commission is working with localities along the
shoreline to identify and support projects that will reduce the flooding risk
to infrastructure while strengthening the region’s local economies.
Million for the Niagara Frontier Transportation Authority: A $20 million capital appropriation is provided
to support the first year of a five-year $100 million commitment from the
Governor and Legislature to theNFTA to fund a five-year capital plan for
maintenance and improvements of Metro Rail.
Station 33rd Street Entrance: $425 million in capital funding will support the Penn Station
33rd Street Entrance project, and others associated with improvements to
the Long Island Railroad. Just last month, the Governor unveiled final design
renderings for the new main entrance to Penn Station located at
33rd street and 7th Avenue, which will provide much needed direct
access to the LIRR Main Concourse and the New York City Subway.
Investment in Public Libraries: A $20 million capital appropriation to public libraries will
help libraries across New York State as they continue to transform into
21st century community hubs.
Million for Higher Education Capital Matching Grant Program: A $30 million capital appropriation will support
the Higher Education Capital Matching Grant Program, which under the Governor’s
leadership is enabling independent colleges across the state to make critical
investments in their infrastructure and equipment by providing matching capital
million Security Investment to Protect Against Hate Crimes: A $25 million capital appropriation is
included for security projects at nonpublic schools, community centers,
residential camps, and day care facilities at risk of hate crimes because of
their ideology, beliefs, or mission.
New York State Governor
Andrew Cuomo has said he won’t sign the state budget unless it makes permanent
the property tax cap.
“The highest tax in the state
is the property tax and it is a killer,” Governor Cuomo said.”We want to reduce economic
pressure on families by making sure government is not aggravating the problem
with increased expenses. We’re going to cut your state income tax and
we’re going to cap your property taxes so you know it’s not going higher than 2
percent. And I will tell you this as sure as I am before you today: if we do
not have the permanent property tax cap in that state budget, this hand will
never sign that state budget until it’s in there.”
From the very
beginning, I have objected to this trampling off local control with an
arbitrary and unreasonable constraint designed to hamstring and ultimately
destroy local governments. Cuomo’s original intent was to force school
districts and other local governments to cannibalize their reserve funds; the
second was to force consolidation and dissolution of local governments and the
third was to use local taxes as the bogeyman, so politicians could appear to be
on the side of taxpayers.
Of course the
property tax is the largest state tax and of course school taxes are the
largest component. Something has to be “largest”. What should be? But local
property taxes are spent where they are used, and local people have the
greatest ability to participate in spending decisions. In fact, school and
library taxes are the only taxes we taxpayers directly vote.
What the property
tax cap does, though, is remove local control. Communities should have the
right to decide if they want to improve their schools or parks. The property
tax cap which basically keeps the annual increase to 2% or the rate of
inflation whichever is less says: we
don’t want any growth or improvement or new investment in your community. We
want the status quo, and if that means deterioration, so be it. (Little known
fact: the property tax cap incentivizes bonding because the debt service isn’t
counted toward the cap.)
Somehow, and fairly
ingeniously I think, the Great Neck Public School district has managed to
continue to be among the best in the country and still average only 1.8 percent
increase in the tax levy since the property tax cap was implemented in 2012,
despite increasing enrollments and unfunded state mandates. This year, though,
through the complicated formula, the school district could have raised taxes by
4.09 percent and still fall within the cap, is only seeking 1.94 percent
I resent the
property tax cap by which the Governor and state legislators can declare
themselves champions of reducing or controlling taxes.
But here’s the
thing: New York State’s property taxes are not the highest in the nation; Nassau
County’s taxes are not the highest; and both of these do not take into account
that Long Island and New York’s incomes and our housing values are higher.
According to a survey by Wallethub, a financial services company, New York State ranks 8th (not first) in property taxes. New York ranks 43rd in its real estate tax rate, at 1.68 percent. You know which states are higher? Nebraska (1.80), Texas (1.83), Vermont (1.83), Wisconsin (1.94), Connecticut (2.07), New Hampshire (2.20), Illinois (2.31), and New Jersey (2.44) (See the study: https://wallethub.com/edu/states-with-the-highest-and-lowest-property-taxes/11585/)
Even so, do you
want to be Alabama, which is #2 on the list for lowest taxes, where the median
home value is $132,000 and the tax is $558 (0.42%), or Louisiana, #3, where the
median home value is $152,900 and median tax is $795 (0.52%)? Louisiana ranks
51st in health care, Alabama is 48th. New York is 17th
(fourth most physicians per capita)
USA Today ranks New
York’s public education 9th noting, “Between 2003 and 2015, the
achievement gap between eighth graders living in poverty and their wealthier
peers narrowed by the largest amount of all states…Annual public school
funding totals $18,665 per pupil in New York, the third highest expenditure of
all states.” (Top three are Massachusetts, New Jersey and Vermont). Alabama
ranks 43rd (14th lowest in public school spending at
$10,142). Louisiana is 46th, Mississippi is 48th.
Yes, total taxes
are high: New Yorkers spend 17.07 percent of income on taxes, second highest after
Connecticut (17.65 percent). But New York State is spending billions on a
21st century infrastructure and racing toward 50:50 clean energy by
2030. This is where I want to live. So do 20 million others, a number that is
increasing, even as unemployment rates are at the lowest ever and the number of
jobs is at an all-time high.
We pay a lot in
taxes because our incomes are higher and our housing values are higher, what is
more, we get more for our money, making for a higher quality of life.
The states that
don’t charge an appropriate amount of state and local taxes – that is related
to the cost of providing services and public investment – depend on federal
handouts. New York is one of 11 states that send more money to the federal
government than it gets back, in fact the #1 donor state, sending $36-$48
billion more to the federal government than it gets back. Alabama is 4th
“most federally dependent state”; Louisiana is 10th.
New York sends the
second highest amount in federal taxes, $133 billion (California sends $227
billion), and is fourth in the average amount of federal taxes per adult
($8,490), behind Connecticut $10,279), Massachusetts ($9,445), and New Jersey
(Here’s an idea: New York should do
what tenants do in a landlord dispute and put that $36 billion into escrow
until the SALT deductibility issue is fixed.)
But we shouldn’t be
punishing our localities because of the criminality of Republicans to use the tax
code as political weapon – according to State Comptroller Tom Dinapoli, the
SALT deduction cap has driven down tax receipts by $2.3 billion, as wealthiest
New Yorkers choose other places for primary residency.
But the tax cap is also a
larger objective is to eliminate local municipalities entirely – to force villages
to consolidate into towns, towns into counties, school districts into larger
school districts. But the fallacy in that is all that it saves is a few
administrative positions. Villages and school districts already have
cooperative purchasing, mutual aid; school districts even cooperate on
transportation where feasible. Our school district spends 4 percent of its
budget on administration, the lion’s share, 75 percent, on instruction (12
percent on building, grounds & capital projects, 6 percent on
transportation). (To see where your schools spend every penny, come to Great
Neck South High School this Saturday at 9:30 am for the line-by-line budget
The state boasts that since
implementation the tax cap has “saved” taxpayers $24.4
billion statewide – that works out to $1000 per capita, divided by 7 years, or
$142 a year. I’m not sure that’s worth giving up local control.
But just as Cuomo
and the Congressmembers decry Trump’s disparity in federal spending for blue
states versus red states and the attack on state control over its ability to
raise revenue and spend, it is the same thing with local spending: there is
gigantic disparity in the level of state
aid to school districts, with the result that New York City only has to raise
50 percent of its school budget from property taxes, while Great Neck, which
gets just 4 percent from the state, has to raise 95 percent through property
taxes. Here’s another measure: Roosevelt, with 3270 enrolled students, gets $53
million in state aid; Great Neck, with 6399 enrolled students, gets $10 million
– the difference made up from property taxes. That’s just the way it is.
What the property
tax cap means is that virtually all Great Neck’s school spending is governed by
the cap; other districts have much less that is controlled by the tax cap.
for determining if our elected representatives are properly handling our tax
appropriations is on the community, not an arbitrarily selected cap enshrined
We see what our
school taxes (and park and library and sewer district) pay for and I don’t want
the state – or some politician looking to score points – deciding we can’t have
low class size or a robotics club or a fencing team or an opera performance
(Great Neck South High marks its 50th anniversary full-scale opera
production, April 12). This community has decided these things are just as
important to our district’s mission of helping every child fulfill their full
potential as cramming the latest incarnation of ELA and math or operating
school buildings as if they were prisons. Our mission has been to instill a
love of life-long learning. And the investment this community has made in
public education has brought solid ROI day after day.
Environmentalists are hailing energy and environmental legacy initiatives in New York State proposed by Governor Andrew Cuomo in his his annual State of the State and budget address.
“Governor Cuomo made historic commitments today
supporting the advancement of clean energy throughout the state,” stated Lisa Dix, Senior New York Campaign Manager
for the Sierra Club. “With a mandate to source 70 percent of the state’s
energy through renewables by 2030, doubling New York’s distributed solar target
and quadrupling the current offshore wind targets, the Governor has proven that
he is a national leader determined to make New York a 21st century, renewable
energy, economic powerhouse. Through massive investments in offshore wind ports
and clean energy job training centers, New York will be the regional hub for
the offshore wind industry. Working with the administration, climate-affected
communities and labor, we will create long-term, family-wage jobs, while
supporting a robust supply chain and multiplying economic development
opportunities for New Yorkers.”
The initiatives include commitments to:
New York’s “Green New Deal”: The Governor restated his December
goal of making New York 100 percent carbon neutral by 2040. The Administration
will map how New York will achieve carbon neutrality, while providing a just
and fair transition for communities and workers. This initiative includes a $10 billion “Green Future Fund” that supports
climate priorities and emissions reduction goals and $70 million to provide
initial funding for communities affected by the clean energy transition.
Increased Clean Energy Standard Target: New York is now the second state after Hawaii with the most
ambitious clean energy targets in the nation, with a new goal of sourcing 70
percent of New York’s electricity from renewable energy by 2030, including the
most ambitious off-shore windpower program in the country. This doubles the
current targets for energy storage, distributed solar, large scale solar and
wind and quadruples the offshore wind targets.
Increased Green Infrastructure and Jobs: With the Governor
committing to building nearly four times more offshore wind by 2035 than he
initially stated, this is the most ambitious offshore wind generation
commitment in the country. New York will nearly triple the offshore wind
commitment any state has made before. Additionally, about $200 million of the
budget will be invested in building offshore wind ports and clean energy job
Clean Transportation and Congestion Pricing: The Governor urged
the legislature to pass congestion pricing legislation to make the Metro
Transit Authority (MTA) more reliable for years to come. Through congestion
pricing, the state would make $15 billion to invest back into the MTA. The
Governor also committed to over $3 billion in funding for clean energy and
clean transportation infrastructure for electric vehicles and charging
infrastructure. The Governor, however, fell short in setting an enforceable
commitment to reducing emissions from New York’s transportation sector, the
economic sector responsible for the most climate/carbon pollution in New York
Governor Andrew M. Cuomo issued the following statement in honor of Donald Trump’s visit to New York State:
“Mr. President, welcome back to New York, the progressive capital of the nation.
“Despite being a native New Yorker, since you took office, you have attacked our healthcare, passed a tax law that punished New York in order to fund corporate tax cuts, ripped immigrant New Yorkers from their families, launched an assault on our environment, and undermined the basic values on which this state and this nation were built.
“You say you want to make this country great again, but you have clearly forgotten what made this country great in the first place. Perhaps you can use this trip to New York to help you remember what truly makes this state and this nation great.
“While in Utica, I urge you to meet with the immigrants and refugees who are breathing new life into the city, which has a higher proportion of immigrants than any other city in upstate New York.
“I urge you to visit Seneca Falls, where women first fought for equal rights—a legacy New York is fighting to uphold against your administration’s ongoing attacks on women.
“I urge you to visit Westchester, where jobs are on the rise and the economy is booming despite your partisan and punitive tax policies that are directly responsible for home sales dropping 18 percent.
“I urge you to visit the new Buffalo, where an economic renaissance is transforming the city without resorting to harmful tariffs or trying to revive the industries of yesterday.
“I urge you to visit the beautiful Long Island beaches and thriving marine economy that are threatened by your administration’s reckless proposal to drill off our shores. In New York, we are advancing the strongest environmental program in the nation, and we say no way, no how to your continued assault on our planet.
“I urge you to meet with Mr. Pablo Villavicencio, a father, husband and aspiring American citizen who was torn away from his family and locked away for 53 days because of your anti-immigrant agenda. I was proud to fight for his freedom and will always stand with our immigrant communities against your un-American policies.
“I urge you to visit the new Governor Mario M. Cuomo Bridge, a symbol of New York’s proud building spirit, constructed by the men and women of organized labor, that today is setting the example for your administration that pledged but failed to follow through on your own rebuilding efforts.
“And I urge you to visit the Leadership and Public Service High School in New York City, where I joined students there who, along with others across our state and nation, are calling for action on gun safety. While your administration remains beholden to the NRA and ignores the young people crying out for change, New York is proud to be taking on the NRA and moving to strengthen our nation-leading gun safety laws to keep our communities safe.
“Mr. President, I urge you to visit the Statue of Liberty in our harbor to remember the American promise made to your grandfather when he first came to this country as an immigrant—the promise of equality, hope and opportunity for all.
“Perhaps then you will remember what made this country great.”
Governor Andrew M. Cuomo and Attorney General Barbara D. Underwood today filed a lawsuit to protect New York and its taxpayers from Washington’s drastic curtailment of the State and Local Tax (SALT) deduction. The lawsuit, which was joined by Connecticut, Maryland, and New Jersey, argues that the new SALT cap was enacted to target New York and similarly situated states, that it interferes with states’ rights to make their own fiscal decisions, and that it will disproportionately harm taxpayers in these states.
Accusing the federal government of engaging in a host of un-American actions – ranging from Zero Tolerance for immigrants seeking asylum, to pushing oil and gas drilling off coasts, to the failure of the Trump Administration to sufficiently protect elections and critical infrastructure against cyberattacks by Russia and other foreign adversaries- he cited the tax reform act’s SALT provision as “un-American.”
“Put aside the philosophy and the top 1 percent getting 80 percent of the benefits, the so-called SALT provision was un-American. What you did was you divided the states, you penalized the democratic states.”
In a phone conference call with the press, Cuomo said that the lawsuit is being filed in the district court of the Southern District of New York, and seeks declaratory judgment that it is unconstitutional and injunctive relief.
“There are three causes of action that the lawsuit will lay out. The first one is that it’s a violation of the Tenth Amendment which was ratified in 1791. The Tenth Amendment prohibits the federal government from invading the sovereign tax authority of the states. Remember, the founding fathers who they loved to quote, these are co-equal sovereign the federal government and the states. That was the basis of the Constitution.
“And the Tenth Amendment prohibited the federal government from invading a state’s tax authority. And that’s what they did by their own admission. Secretary Mnuchin said, the purpose of the law was ‘to send a message to the state governments that they have to get their budgets in line.’ Ted Cruz said, ‘we want to get states to lower their taxes.
Paul Ryan said the same thing. This was their attempt to manipulate state governments.
The second cause of action is that it’s a violation of the 16th Amendment that was ratified in 1913, which states the federal government may not exercise its power to tax individual incomes without providing for deduction of state and local taxes. Alexander Hamilton was cited: “the individual states would under the proposed Constitution retain an independent and uncontrollable authority to raise revenue to any extend of which they may stand in need. By every kind of taxation except duties on imports and exports.” James Madison said, “the state’s status as co-equal sovereigns provided security against interference from the federal government.”
The third cause of action is a violation of Article 1 Section 8 of the Constitution that says, ‘the Congress has the power to lay and collect taxes, duties, impose excises to pay debts, and provide for the common defense and general welfare, but it may not use its tax and spending authorities to exert a power akin to undue influence over the states or coerce the states into adopting policies preferred by the federal government.’ That goes back to case law to 1937.
Cuomo cited Abraham Lincoln when he passed the first federal income tax—the Revenue Act of 1862— “state and local taxes shall first be deducted to determine a taxpayer’s liability for the federal income taxes.” Justin Morrill in 1862, stated”‘as a matter of simple logic, the deduction is necessary to avoid both double taxation and the principle of federalism.” It also goes to the principle of federalism.
“This is their political attempt to hurt Democratic states,” Cuomo stated. “It is totally repugnant and hypocritical of the fundamental conservative ideology which they preach—the limited federal government, respect state rights. This tramples on their own theory. And it is politically motivated. And it was politically targeted. Steven Moore, the conservative economist who advised the Trump campaign, said the Republican tax bill represents death to the Democrats.
“This is not what our Founding Fathers intended. They did not intend for the federal government to manipulate or politically retaliate against states. It’s violative of the fundamental relationship between the federal government and the states. It is un-American, like what the president did with Putin yesterday, like what they did in Puerto Rico, like what they’ve done on immigration, like what they’ve done on trampling women’s rights. It is un-American. Not just repugnant to this state. Repugnant to the Constitution and the values of the American people.”
The 2017 federal tax law, “which resulted from a hyper-partisan and rushed process,” drastically reduced the deduction by capping it at $10,000. An analysis by the New York State Department of Taxation and Finance shows that the cap will increase New Yorkers’ federal taxes by $14.3 billion in 2018 alone, and an additional $121 billion between 2019 and 2025. As set forth in the complaint, the law flies in the face of centuries of precedent, which establishes constitutional limits on the federal government’s ability to use its tax power to interfere with the sovereign authority of the states.
For the entire history of the United States, every federal income tax law protected the sovereign interests of the states by providing a deduction for all or a significant portion of state and local taxes. This uninterrupted history demonstrates that the unprecedented cap on the SALT deduction is unconstitutional, as the lawsuit notes. This new, drastic curtailment of the SALT deduction has both the purpose and effect of harming New York, other similarly situated states, and their residents. Among other things, the new cap will depress home prices, spending, and business sales, and result in slower growth for the New York economy and fewer jobs.
Countering the impression that New York is the highest taxed state in the country, Cuomo said, “The large tax in New York is not state income tax, it’s local taxes – that’s what they are targeting. We have people who pay more in property ax than income tax – if those jump 30% after we capped them with first proper tax cap in history, you will see home values go down, real estate values come down, because it will make this jurisdiction must more expensive, and there may be people right on margin. This is not a theoretical political argument, this is real life.
“Ask your neighbor if property taxes go up 30 percent, what will you do? That’s why we did the property tax cap in first place – 2% year over year – this would be 30 percent bump in property taxes, and if you see real estate values come down, we will have a problem with banks, funding for school districts, and have potential devastating consequences. That’s why wanted to move on expeditious basis.
“This state has been fiscally responsible. That’s undeniable. Our credit rating up, spending increases are at record lows, efficiency up. This is a different point: it’s not for fed government to determine local taxation. That is fundamental Constitutional point.
“We think they are doing it out of political intent. If they want to talk about reduce taxes, give us back the $48 billion they take from us – we are the highest Donor State in the nation. We have been since Moynihan railed against it. We give them $48 billion more than we get back. If you really want us to reduce taxes, give it back and I will reduce taxes.
“They set up two sets of rules,” Governor Cuomo asserted, “One for Republican states, one for Democratic states. If we can’t deduct, state and local taxes [effectively] go up 30 percent. We depend heavily on property taxes to fund local governments.”
The lawsuit, filed today in the U.S. District Court for the Southern District of New York, was led by Attorney General Underwood and joined by the Attorneys General of Connecticut, Maryland, and New Jersey, is against the United States, the IRS and Treasury Secretary Steven T. Mnuchin as defendants.
Cuomo held out the possibility of other states, such as California, joining the suit. “We are forming a coalition, but time is of the essence.”
“New York will not be bullied. This cap is unconstitutional – going well beyond settled limits on federal power to impose an income tax, while deliberately targeting New York and similar states in an attempt to coerce us into changing our fiscal policies and the vital programs they support,” said Attorney General Underwood. “We will not allow partisans in Washington to hurt our people or interfere with our policies. We’ve filed suit against this unconstitutional attack on New York and our state’s fundamental rights — because we won’t stand by and let Washington pick the pockets of New Yorkers.”
“It was a number and a tax selected to effect what they wanted,” Cuomo charged. “You think it was a coincidence that it impacted 12 states, all Democratic, all states Trump lost, all that don’t have Republican representative in Congress? .. That puts democratic states on different footing. That’s why I’ve said this is economic civil war – red versus blue, Democratic versus Republican, and penalizing those states. But these are co-equal sovereigns. The federal government can’t do whatever want. It has a right to tax, and we have right to tax, I can’t interfere with the federal right to tax, and the federal government can’t interfere with our right to tax, and where they drew this line, arbitrary, because it had the desired effect.”
In the wake of Donald Trump’s apparent indifference to the continued threat of Russia and other actors against elections, Governor Andrew M. Cuomo today announced a comprehensive initiative with the State Board of Elections to further secure New York State’s elections infrastructure and protect against foreign interference. The initiative will help County Boards of Elections strengthen their election cyber security in the face of foreign threats after the Department of Justice released an indictment of 12 Russian intelligence officers accused of hacking during the 2016 elections, which also alleged that Russian intelligence officers hacked into the website of a yet-unidentified state board of elections.
In the FY 2019 budget, Governor Cuomo secured $5 million to expand and further support statewide election cyber security infrastructure. The State will solicit contracts in the next few days for three independent services for County Boards of Elections, including: 1) cyber security risk assessments; 2) enhanced intrusion detection devices; and 3) managed security services. The State’s Secure Election Center, managed by the State Board of Elections, will also provide statewide, uniform cybersecurity training to all state and county election officials and staff prior to the Midterm Elections.
“While President Trump stands by those who seek to undermine our democracy, New York is taking aggressive action to protect our elections from foreign interference,” Governor Cuomo said. “There is nothing more sacred than democracy, and New Yorkers should know that when they cast their ballot that their vote is safe. The groundbreaking cyber security initiative we launch today will harden and protect our election infrastructure from the very real threat of foreign meddling. While the President has abdicated his responsibility to defend this country and left our electoral system open to sabotage by foreign adversaries, New York is fighting back and leading the way.”
“The integrity of our Elections system is our number one priority,”Co-Executive Director of the State Board of Elections Robert A. Brehmsaid. “The State Board has and will continue to diligently work and collaborate with our federal, state and county partners to strengthen and protect our elections infrastructure from any interference.”
“We have been working diligently since the 2016 election to improve security at the State Board, including our statewide voter registration database and networks with our counties,” Co-Executive Director of the State Board of Elections Todd D. Valentine said. “These additional services will ensure publicly facing applications and infrastructure for the county boards of elections will be more secure and better position the entire state elections system to respond to cyber incidents. These new revelations only serve to confirm that the measures we have taken so far to protect our elections are necessary and we have to remain vigilant as we move into the mid-term elections.”
This initiative builds on Governor Cuomo’s commitment to ensuring the integrity of elections in New York State. The State will execute contractsbeginning the first week of August through the Office of General Services on behalf of the State Board of Elections.
Comprehensive Risk Assessment for all County Boards of Election
The State Board of Elections will contract for professional services to conduct a comprehensive, uniform and verified risk assessment at every County Board of Elections. The State Board of Elections has conducted a County Board of Elections risk survey to gain an understanding of the security posture of each county board. This risk assessment will build off the county risk survey. This contract will provide a uniform and verified third party risk assessment which is critical in ascertaining a security baseline for our statewide elections infrastructure.
Enhanced Intrusion Detection Systems and Managed Security Services for County Boards of Election
Additionally, the State Board of Elections will contract for a vendor to provide enhanced intrusion detection systems and managed security services for all the County Boards of Elections. An intrusion detection system is a system that monitors network traffic for suspicious activity and issues alerts when such activity is discovered. Managed Security Services correlate logs/traffic and creates actionable reports on malicious cyber activity. Quote solicitations will seek to identify qualified companies on backdrop contracts that can fulfill the request for these services.
Cyber Security Training Program
The Secure Elections Center, housed in NYSBOE, will provide uniform online technical training courses and security awareness programs to all state and county election officials and staff. These web-based trainings will be provided prior to the 2018 Midterm Elections. As part of these trainings, officials and staff will learn cyber-hygiene, best email practices and how to identify phishing campaigns, among other topics.
This initiative will build upon Governor Cuomo’s efforts to safeguard New York State elections including:
The State Board of Elections recently concluded a first-of-its-kind series of six regional tabletop exercises to identify risks and safeguard the election process against a cyber-attack. The State Board is coordinating with the federal Department of Homeland Security (DHS) to provide three on-line tabletop exercises in August 2018 for county election and IT professionals.
Following the Governor’s 2018 State of the State proposals in January, New York was recognized as having one of the most secure elections systems in the nation in the Center for American Progress’ recent report.
Lieutenant Governor Kathy Hochul said, “With the Trump administration putting our country at risk and continuing to ignore the reality of Russian election interference, it’s up to New York to lead the way once again to protect the integrity of our elections. Sadly, we can’t count on the current federal government to protect us from threats of foreign election meddling. Our new cyber security initiative will give New Yorkers peace of mind as they go to the ballot box and will protect our democracy from those who seek to cause harm.”
William Pelgrin, Co-Chair of Governor Cuomo’s Cyber Security Advisory Board, Founder of the Multi-State Information Sharing and Analysis Center (MS-ISAC), CEO of CyberWA, Inc., and Board Director and Global Strategic Advisor for Global Cyber Alliance, said,“This announcement again demonstrates Governor Cuomo’s and New York’s strong commitment toward an enhanced cyber security posture. This initiative will greatly assist County Board of Elections by facilitating the process to identify and deploy key essential layers of cyber security. Cyber security risk assessments and intrusion detection devices are critical layers of preparedness to understand one’s computing infrastructure and what is required to address any associated risks as well as continuously monitoring that environment for malicious activities.”
Richard Clarke, Governor Cuomo’s Cyber Security Advisory Board Member, Chairman and CEO, Good Harbor Consulting, LLC and Former White House Counter-Terrorism and Cyber Security Advisor, said, “Given the Intelligence Community’s assessment that Russian efforts to interfere in our democracy continue, Governor Cuomo’s steps to protect the election infrastructure are commendable and should be immediately copied by other states.”
New York State Division of Homeland Security and Emergency Services Commissioner Roger Parrino said, “Security of our election process is paramount. These initiatives support our state and local partners to strengthen our election cyber infrastructure from those who seek to manipulate our election process.”
New York State Office of General Service Commissioner RoAnnDestito said,“Governor Cuomo has been clear that secure elections are fundamental to democracy and these steps by the Board of Elections will help further protect this process in New York State.”
After Trump tried to undo the damage of his statements in Helsinki by claiming that he “misspoke” when he left out “not” regarding whether Russia was to blame for hacking the 2016 election, Cuomo took him to task.
“Mr. President: Do you think the American people are stupid? You’re the leader of the free world – you don’t misspeak when it comes to our foreign enemies. You shamefully defended those who tried to sabotage our democracy, and now Congress must decide if your remarks or actions were in fact treasonous.
“While it’s clear we cannot rely on this federal government to protect the sanctity of our elections, New York will do everything in its power to. In light of this potential foreign interference, today we announced a groundbreaking cyber security initiative to strengthen our election infrastructure. I urge Congress to step up and do the same.”
In Helsinki, Trump had said, “I have President Putin; he just said it’s not Russia. I will say this: I don’t see any reason why it would be. But I really do want to see the server.” The next day, in a room full of Republican Congressmembers, Trump claimed that he should have said, “would not be”.
Governor Andrew M. Cuomo was joined today by Nassau County leaders at a rally in New Hyde Park to fight to protect women’s reproductive rights. State and local leaders called on the Senate to return to Albany to codify Roe v. Wade into New York State Law. The rally follows the federal government’s decision Monday night to nominate Brett Kavanaugh to the Supreme Court. The Governor vowed to take action to defend New York’s progressive values against the extreme conservative agenda of the Trump Administration, including the fight to codify the protections of Roe v. Wade into state law. New actions were also announced by the Governor on Monday to protect reproductive rights in anticipation of this Supreme Court Justice nomination.
“This federal government is threatening basic values New York and this entire nation were built upon, and while extreme conservatives in Washington make destructive decisions that violate the rights of our residents, New York is fighting to protect the progressive accomplishments that we have made,” Governor Cuomo said.“I call on every Senate Republican to come back and reconvene in Albany – no excuses. The Assembly will support codification of Roe v. Wade, I will sign the bill, the Senate Democrats will vote in favor of it and we will pass Roe v. Wade for New York.”
Noting that elections have consequences, Cuomo laid out the challenge to return to Albany to codify Roe into state law as a line in the sand.
“When you’re talking to our friends the Republican Senators, remind them in 1970, before Roe v. Wade, which was 1973, this state legalized abortion. 1970. With a Republican Senate and a Republican Governor because we understood it wasn’t a partisan issue, it was a fairness issue. It was a health issue. It was an equality issue. It was a woman being able to control her own body issue. We did it in 1970, don’t tell me in 2018 the Republican Senate is going to go backwards from 1970. We have to call to question. Elections have consequences and this is binary. They’re with us, they’re against us. And if they don’t come back, if they don’t codify Roe v. Wade, you know what we’re going to say?
“In the immortal words of President Trump, to the senators who won’t come back and sign a bill, you’re fired. We’re protecting the women in the state of New York. Women’s rights come first. Let’s sign the state Executive Order.”
Lieutenant Governor Kathy Hochul who attended a similar rally to protective reproductive rights with Governor Cuomo in Yonkers earlier, said, “I lost my seat in Congress over my steadfast support of the Affordable Care Act and the contraception mandate, and I know how critically important it is to protect these rights at the state level. That is why I stand with the Governor and the women of this great state in fighting back to ensure protections and safety for women when it comes to their reproductive health. Given all that is happening in Washington, these actions will protect women’s reproductive rights. As President of the State Senate, I’m also calling on Senate Republican leadership to protect the women of this state and pass the Reproductive Health Act and codify Roe v. Wade. No one should tell us what to do with our bodies. Not now, not ever.”
For years, Governor Cuomo has pushed to codify the Supreme Court’s Roe v. Wade decision and subsequent rulings into state law to secure women’s access to reproductive health options, and noted that Republicans made a pretense of supporting women’s rights but blocked any consideration on the floor based on the federal protection under Roe. Now the Governor is calling their bluff and calling for the passage of legislation to protect the right of women to make personal health care decisions and ensure that health care professionals can provide these crucial services without fear of criminal penalty. The Assembly has passed legislation to codify the protections of Roe v. Wade for the last six years, including during the 2018 Legislative Session.
Additionally, through regulations by the Department of Financial Services and Department of Health, as directed by the Governor on Monday, New York State will ensure an insurer must cover over the counter emergency contraception in addition to all other contraceptive drugs, devices or other products for women approved by the Federal Food and Drug Administration and, as well as the dispensing of 12 months of contraceptive at one time, all without co-insurance, co-pays or deductibles. The Executive Order signed by the Governor on Monday, in addition to today’s rally, builds on Governor Cuomo’s 2018 Women’s Agenda: Equal Rights, Equal Opportunity.
The updated DFS regulation mandates that health insurers:
Expand coverage requirements for contraceptive drugs, devices or other products for women approved by the Federal Food and Drug Administration. Require coverage for emergency contraception with no cost sharing when acquired in any lawful manner including on an over the counter basis from an out of network pharmacy;
Permit a woman to fill 12 months of a prescribed contraceptive at one time, removing the previously required three-month trial period;
Cover voluntary sterilization procedures for women and over-the-counter contraceptives without cost-sharing; and
Do not place restrictions or delays on contraceptive coverage not otherwise authorized under the regulation. This provision would prohibit quantity limits and other such restrictions.
The regulation codifies guidance issued in January 2017 regarding information that must be provided in formularies regarding contraceptives, including noting which contraceptives are covered without cost-sharing. Insurers will be required to publish an easily accessible, up-to-date, accurate and complete list of all covered contraceptive drugs, devices and other products on their formulary drug lists, including any tiering structure and any restrictions on the manner in which a drug may be obtained.
The accompanying DOH regulations permit a woman insured through Medicaid to fill 12 months of a prescribed contraceptive at one time, whereas previously, the limit was three months.
A copy of the proposed regulations can be found here.
“Women’s rights are under attack. Another Trump-appointed Justice will guarantee an ultra-conservative Court that is even more hostile to women’s health care protections. This will have dire consequences if we don’t act because New York decriminalized abortion before the Roe v. Wade decision,” Senate Minority Leader Andrea Stewart-Cousins said. “The women of New York State are looking to us to protect their hard-won rights, and we must not fail them.”
“The administration in Washington is preparing yet another assault on women’s reproductive rights with the nomination of an ultra-conservative Supreme Court justice. Earlier this year, and in countless previous legislative sessions, the New York State Assembly passed legislation to codify Roe v. Wade,” Assembly Speaker Carl Heastie said. “Year after year, our Republican colleagues in the Senate neglect to pass this legislation, insisting there is no threat to Roe v. Wade. Their inaction has shamefully put women’s reproductive health care in jeopardy. It’s time to codify Roe v. Wade. No more excuses.”
“The Trump Administration is committed to ensuring that millions of women across America lose essential access to the health care they absolutely require. We are facing an unprecedented attack on our health care, and rights by a federal government determined to replace evidence-based medically accurate public policy with politically driven ideology,” Robin Chappelle Golston, President & CEO, Planned Parenthood Empire State Acts, said. “Governor Cuomo is standing up today to remind the nation that New York won’t go backwards; we won’t sit back quietly as our rights evaporate and we will resist this dismantling of our constitutionally protected rights.”
“Armed with a Supreme Court vacancy, the Trump regime is poised to pack the court in an effort to undo Roe v. Wade and curtail abortion to an extent not seen since 1973. New York can no longer put off fixing our state’s broken abortion law,” New York Civil Liberties Union Executive Director Donna Lieberman said. “The Reproductive Health Act would take abortion out of the criminal code so that New York can be a safe-haven where women and their health are valued and protected. That means codifying Roe and ensuring access to the information and services women — including pregnant women — need to protect their health.”
Andrea Miller, President of the National Institute for Reproductive Health said, “Governor Cuomo’s executive order today proves that, regardless of what happens at the federal level, states have tremendous power to shape their own state laws and can act now to protect women from the full-blown assault on their reproductive health and rights. The best defense against a hostile Supreme Court and Trump-Pence Administration is a strong state-level offense. States around the country should take note of this action – and Governor Cuomo’s previous regulations – and help lead the movement for reproductive freedom from the ground up.”
Cuomo Draws Line in the Sand for State Republican Lawmakers
Cuomo said that with the Trump administration dismantling rights – civil rights, voting rights, environmental and financial protections, a woman’s right to choose – it is up to the states to take action.
“Every day this federal government does something that is shocking to our senses…It’s shocking to us in New York because we are the exact opposite. We’re night and day from who they are and what they believe so we’re continually in a state of shock, but they are doing what they said they were going to do, and elections have consequences.
“And it is a wake-up call to all of us. My daughters, you know if you’re 21, 22, 23, young women you never even questioned your reproductive rights. You grew up in a generation where you just assumed, you know Roe v. Wade was 1973. 1973. Generations just grew up assuming this was the way it was. Couldn’t even imagine that a woman wouldn’t have the right to control her own body. That’s what they are saying. And they are serious. And it’s not just politics and this isn’t just a game. They are doing it. They’re doing what they said they would do
“They have their own view of what religions are right and what lifestyles are right and what sexuality is right and who should be an American and who shouldn’t be an American, and they are going to enforce that. It’s the greatest act of political hypocrisy, because conservatives used to stand for limited government, right? Less federal government. Leave it to the states, leave it to the individual rights.
“They are on track to overturn Roe v. Wade. That’s what they want to do. That’s what they’ve wanted to do since it was passed in 1973. And it is a shock to the system. How could we possible go back to those days? Who even remembers what it was like before, when a woman couldn’t have an abortion? How many lost their lives, were damaged because of what they had to do in that situation? And that is what we’re looking at. They are pro-life.
“They also have their view of sexuality and they don’t agree with the LGBTQ community and that’s why they treat them as second-class citizens. Wanted to keep transgender out of the military, regardless of service, regardless of merits. They believe who should be an immigrant and who shouldn’t be an immigrant. A little hypocritical since we’re all immigrants, but they now decide they’re going to close the door. The separation of family policy – isn’t that a coincidence? They knew exactly what they were doing. They wanted to stop people at the border. The first point was, build a wall. I am going to build a big wall, nobody can come. The President didn’t get a wall so he went to the “zero tolerance” policy. And now what he says to families is, if you show up, I’m going to take your children from you and send them to a place where you don’t even know where they are. He knew exactly what he was doing. It was a deterrent to stop people from coming when he couldn’t get the wall.
“They’re going to tell you which religion is right. They don’t believe that Muslims are an appropriate religion, and that’s the travel ban. They don’t believe with labor unions. Thank God for the teamsters. They don’t want labor unions. They just passed the Janus decision with the Supreme Court because they don’t want these annoying unions being able to organize employees, making it harder for management to negotiate with the workforce. It’s who they are and what they said they were going to do. And it is a frightening reality.
“We believe the opposite and it’s incumbent on us to act. To act. We’re not going to let them change our values. We’re not going to let them change or philosophy. We’re not going to let them change the way we treat one another. We’re not going to let them change our tolerance to intolerance. We’re not going to allow them to divide us. They’re not going to pick who has the right lifestyle and who has the right religion and who has the right sexuality and who has the right income level to deserve respect. We’re not going to let them do that.
“Federal government has rights, but you know what there was before the federal government? There were state governments and there were states’ rights. And states have the ability to stand up and act. And when they wouldn’t do anything in the face of the #MeToo movement, this state stood up and said, we’re going to pass the strongest anti-sexual harassment law in the United States of America. When they separated families at the border, this state stood up and said, that’s unconstitutional, it’s illegal, it violates due process, and we’re suing the federal government to put those families back together and to stop the separation.
“And we have to do the same thing on the issue of choice. They are going to overturn Roe v. Wade. We need a New York State law that codifies Roe v. Wade into the New York State law. And we need that law in place before they overturn Roe v. Wade in the Supreme Court. Now, we’ve been trying to get the New York State legislature, the Senate, to pass a New York State Roe v. Wade. That’s all the law would say. Take the federal ruling in Roe v. Wade—1973—and enact it into a state law.
“Currently, the New York State law is not as strong as Roe v. Wade because we had Roe v. Wade. And I’ve been arguing with the Republicans in the Senate, frankly, why don’t we codify it into New York state law? And the Republican Senators have been saying to me, well we have Roe v. Wade. We don’t need it. No one would be crazy enough to overturn Roe v. Wade. That’s the answer JoAnn has been getting for years when Planned Parenthood would lobby for New York State law. We don’t need it, we have Roe v. Wade. Well you know what? Now we need it. Now we need it.
“And I want the New York State Senators to come back today, tomorrow, to go to Albany, and pass and New York State Roe v. Wade, period. And no excuses. No excuses. For years they’ve been doing this dance, the Republican Senators. Privately they say, I’m pro-choice, I’m pro-choice. When the bill comes up, I’m going to vote pro-choice. [Planned Parenthood of Nassau County CEO]JoAnn [Smith] will tell you. But then, they never let the bill come up. We tried to force a vote this legislative session. They won’t put the bill on the floor. Why? It’s a little game they play. It allows them to say privately, when the bill comes up, I’ll vote yes. But, the bill never comes up, so they can tell one audience, yes, I’m pro-choice. Then they can go to another audience and say, we’ll never pass choice in the state of New York.
“We have to call to question. This is binary. This is black and white. You are either pro-choice or you are not pro-choice and we don’t have Roe v.Wade to fall back on anymore. It’s only what we have in New York State law. And the New York State law does not go as far as Roe v. Wade and if we have only the New York State law, we’re in trouble. It does not do life and health. It is in the criminal code. We will have a problem. We need that law. We have to call to question and we have to say to the Republican Senators who have been having it both ways for too long, that’s over. You are with us or against us. And if you are with us don’t just tell me. Go up to Albany and pass a bill. That’s how I know that you are with the women and the men of this state who support choice. That’s what it has to be.
“In the meantime, I’m going to sign an Executive Order that guarantees the women in this state the right to contraception. I don’t care what the insurance company says or what the bureaucracy says. Women have the right to contraception. But we have to learn the lesson, my friends. Elections have consequences. Elections have consequences. And this is a wakeup call. If what they did on immigration and unions and what they did to Muslims wasn’t enough, this is an attack on every woman’s rights to control her own reproductive health in the United States of America. This is a direct attack on what we knew in 1970.”
Nassau County leaders who joined the Governor today in calling on the State Senate to reconvene and codify Roe v. Wade into state law included:
Nassau County Executive Laura Curran
Nassau County District Attorney Madeline Singas
Nassau County Legislator Ellen Birnbaum
Town of North Hempstead Supervisor Judi Bosworth
Town of North Hempstead Councilwoman Anna Kaplan
Town of North Hempstead Councilwoman Lee Seeman
Town of North Hempstead Clerk Wayne Wink
Town of Hempstead Clerk Sylvia Cabana
JoAnn Smith, President and CEO, Planned Parenthood of Nassau County
Rebecca Sanin, President and CEO, Health and Welfare Council of Long Island
Matty Aracich, President, Nassau and Suffolk Building Trades Council
Governor Andrew Cuomo sees the opportunity to create a new industry centered largely on Long Island to take advantage of the offshore windpower in an area of the Atlantic Ocean, considered “the Saudi Arabia of windpower.” In this, the state is acting much like other nations which jumpstart new industries by funding critical studies, research centers, workforce development. This is all to ease the way, lessen the risk and increase likelihood of success for the private companies which are expected to vie for leases from the federal Bureau of Ocean Energy Management (BOEM).
Cuomo has set a standard of the state generating 50% of its energy needs through renewable by 2030, and offshore wind, in addition to solar, hilltop windpower, hydroelectric and other sources (“all of the above”) are considered essential to meeting that goal, which Cuomo has proudly declared the most ambitious in the nation.
The New York State Department of Environmental Conservation just released proposed regulations to require all power plants in New York to meet new emissions limits for carbon dioxide (CO2), a potent greenhouse gas that contributes to climate change. The regulations, a first in the nation approach to regulating carbon emissions, will achieve the Governor’s goal to end the use of coal in New York State power plants by 2020.
Environmental groups including Sierra Club have long advocated offshore wind, especially as Long Island faces a crucial transition juncture of expanding or upgrading fossil-fuel based power plants to meet its energy needs, versus investing and transitioning to renewable energy.
The state is targeting acquiring 2,400 megawatts of energy from offshore wind – the equivalent of what is generated by the Indian Point Nuclear Power Plant – enough to power 1.2 million households. The associated industries that would develop to manufacture the wind turbines and platforms, construct ports and stage the equipment, install the turbines, operate and maintain the systems are expected to employ some 5,000 people in relatively high-paying jobs, and generate $6 billion for the region. What is more, over time, windpower will bring down the cost of electricity on Long Island, where high costs of energy are considered impediments to economic growth.
At the same time, the state has invested in new research programs at State Universities, including Stony Brook to address key issues such as storage batteries (for when the wind does not blow), and transmission.
The master plan, being unveiled in public hearings, has been developed over a period of years by New York State Energy Research and Development Authority (NYSERDA).
The strategy is to be the furthest along in order to be first in line to contract for the electricity, which could be sold to New Jersey and other regions, to reduce cost and risk to private entities which will bid for the rights to construct and operate the wind turbines. The state is not actually seeking to be the winning bidder for the leases, but to be the customer for the power for those that do. And the state is also aware that other customers – New Jersey, as one example (though the former governor Chris Christie showed little interest, the new governor Phil Murphy is) – will also be bidding. But there is great confidence because of proximity and the sheer market size, that New York City and Long Island residents will be the beneficiary. And there is so much energy potential from this area, there is “enough for all.” Indeed, NYSERDA is eyeing 3,200 MW of production from the sites it has targeted, of which it would contract for 2,400.
NYSERDA has conducted studies in 20 areas –literally every environmental, biologic, economic and engineering aspect – in order to define every aspect of locating the best places to position turbines and cables, where to stage construction, where to manufacture the turbines and components, even where to invest in workforce development. All along the way, the agency has engaged stakeholders – from municipalities and environmentalists to labor unions to consumer advocates, to commercial fishing interests.
The state has allocated $15 million to spend on workforce development and infrastructure advancement (for example, building port facilities), and is allocating up to $5 million for multi-year research studies that will assist project developers with the data will be made available by NYSERDA in real time to public. For example, data on wind speeds particularly impact economics of projects and will improve the certainty of bids to state.
“We are seeking to invest $20 million or more, kicking off in 2018, for research and development – component design, systems design, operational controls, monitoring systems, manufacturing processes,” said Doreen Harris, Director, Large Scale Renewables, NYSERDA.
To attract private investment in port infrastructure and manufacturing, the state is hoping to spotlight promising infrastructure investments (60 sites have been identified), helping jumpstart project development and “secure its status as the undisputed home for the emerging offshore wind industry in the US.”
Think of it: Long Island used to be the center for America’s aerospace industry. Now it can be a leader in a global offshore windpower industry. What is more, off shore windpower can also bring down Long Island’s historically high utility rates which are considered an impediment to business development and economic growth.
“We’ve established technical working groups to determine best use of funds – to insure new Yorkers well prepared to serve offshore wind industry and connected to the global Industry.” Indeed, offshore wind is brand new for the US, but has been in force in Europe for 25 years.
The United States projects will have the benefit of leap-frogging over earlier technology, with more efficient, productive, and less environmentally risky structures.
The state is estimating that the near-term incremental program cost would be less than 30 cents a month for a typical homeowner – the cost of windpower is front-loaded in the initial construction, as opposed to fossil-fuel generated energy which continues to get more expensive over time because it is a finite resource that is increasingly more difficult and costly to obtain and needs to be transported from further distances to users. Electricity generated from wind is already competitive with fossil-fuel generated power, but over time, as usage thresholds and technology improvements are reached, the costs will go down. And this does not even factor in the environmental and public health benefits of transitioning from carbon-based fuel.
The only kicker is that while New York State is being pro-active, it is BOEM that ultimately controls the leases and is undertaking similar studies, so people are concerned this can be unnecessarily time-consuming and duplicative. And while BOEM under the Obama Administration was full-speed ahead and keen to develop offshore windpower, concern was raised after Interior Secretary Ryan Zinke declared the entire continental shelf open for drilling, and this prime windpower area used instead for drilling rigs or equally horrible Liquified Natural Gas (LNG) terminals such as the Port Ambrose that had been beaten back by Governor Cuomo.
But BOEM’s Energy Program Specialist Luke Feinberg, who attended NYSERDA’s May 8 public hearing in Melville expressed enthusiasm for offshore wind in this area (not to mention the area does not seem to have much potential for oil). BOEM presented a timetable that projects out two to five years before actual construction can begin; BOEM intends to hold its next lease auction no later than 2019.
BOEM is taking comments on the proposed “New York Bight” Call Area by May 29. Submit comments and view documents at boem.gov/New-York/
The New York Public Service Commission is now considering a number of options for the state to advance solicitations once the leases are awarded; send comments or view materials at http://documents.dps.ny.gov.