Tag Archives: NYS Governor Andrew Cuomo

NYS Restricts Mass Gatherings, Visits to Nursing Homes & Creates Drive-Thru Testing Facility as Numbers of Coronavirus Cases Rise

New York State Governor Andrew Cuomo, touring Northwell Labratory on Long Island, announced the first public drive-through testing facility for coronavirus on the East Coast and new restrictions on gatherings of more than 500 as the number of coronavirus cases rises in the state © Karen Rubin/news-photos-features.com.

With the Trump Administration’s response to the coronavirus pandemic in severe disarray, it is falling to states and localities to protect their residents. This is the latest from New York State Governor Andrew Cuomo:

During a novel coronavirus briefing, Governor Andrew M. Cuomo today announced the state will institute limits on mass gatherings, directing events with 500 or more individuals in attendance to be cancelled or postponed. Public health experts agree mass gatherings with people making sustained close contact are a place where the novel coronavirus can easily infect many people quickly and continue its spread. As such, events, gatherings, or places of business with less than 500 individuals in attendance will be required to cut capacity by 50 percent, with exceptions being made for spaces where individuals do not make sustained close contact, such as schools, hospitals, public buildings, mass transit, grocery stores and retail stores. These new regulations will go into effect Friday, March 13th at 5pm, with the exception of Broadway Theaters where the limits will go into effect this evening at 5pm.

In an effort to protect some of the most vulnerable New Yorkers, Governor Cuomo also announced only medically necessary visits will be allowed at nursing homes. This policy will be effective Friday at 5pm. The state is also asking nursing homes to set up skyping and other online communication capacity so families can tele-visit their loved ones. Additionally, the state will require health screenings for all nursing home workers each day when they enter a facility and require them to wear surgical masks to guard against any potential asymptomatic spread.

In order to increase testing capacity, the State is contracting with BioReference Laboratories to run an additional 5,000 tests per day on top of what the state is already doing. These additional 5,000 tests per day will come online next week. This additional testing capacity is on top of that of the 28 private labs the Governor announced are partnering with the state in the coming days and weeks. Additionally, the Governor announced the first public drive-through testing facility on the east coast will start testing people tomorrow in New Rochelle. Testing will be done by appointment only. New Rochelle residents who have been quarantined will be tested first. 

Finally, the Governor confirmed 109 additional cases of novel coronavirus, bringing the statewide total to 325 confirmed cases in New York State. Of the 325 total individuals who tested positive for the virus, the geographic breakdown is as follows:

Albany County: 1 (1 new)

Broome County: 1 (1 new)

Delaware County: 1 (1 new)

Dutchess County: 1 (1 new)

Herkimer County: 1 (1 new)

Monroe County: 1 (1 new)

Nassau County: 41 (13 new)

New York City: 95 (43 new)

Orange County: 1 (1 new)

Rockland County: 7 (1 new)

Saratoga County: 3 (1 new)

Suffolk County: 20 (14 new)

Ulster County: 4 (3 new)

Westchester County: 148 (27 new)

“The spread of this coronavirus is not going to stop on its own, and we know that mass gatherings have been hotspots for the virus to infect large numbers of people quickly,” Governor Cuomo said.”To help contain it, we are instituting limits on large events as well as new measures to protect our most vulnerable populations — including people in nursing homes — and preparing our healthcare system to be able to deal with any future capacity issues. While the context is key and the anxiety is outpacing the facts of this situation, we will continue taking aggressive action to protect public health and prepare for any future spread of this virus.”  

“Our number one priority is protecting the public health and every action the Governor and the State of New York have taken thus far have been in furtherance of that goal,” State Health Department Commissioner Dr. Howard Zucker said. “Public health experts have been clear that limiting large public gatherings where there is potential for close contact is a critical way to slow the spread of this virus. This regulation will help keep people healthy and safe.”

The Governor also announced that the State is taking measures to create a reserve workforce of health care professionals in the event of a staffing shortage and identify state facilities that can be used as temporary hospitals. The State is asking former doctors, nurses and other health care professionals to reconnect with their former employers and offer to work on an on-call basis in the cases of a staffing shortage. The State is also identifying National Guard medics for reserved staffing and contacting medical schools to identify possible reserve health care professionals. Additionally, the Department of Health is accelerating regulations to get more health care personnel trained so they can work in other areas.

For all schools in communities with the highest rates of positive cases, the state will be taking proactive steps to implement protocols that limit mass contact. Today the Governor announced SUNY Albany will cancel in person classes for the rest of the semester effective tomorrow after a positive case was confirmed today.

Additionally, any business that cannot accommodate rigorous cleaning standards should contact Empire State Development at (212) 803-3100 for a close order.

At WorldPride NYC Parade, NYS Governor Cuomo Signs Law Banning Gay, Trans Panic Legal Defense

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 © Karen Rubin/news-photos-features.com

By Karen Rubin, News& Photo Features

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 host WorldPride. 

“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 over.

“Congratulations, New 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.

Senator 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.”

NYS Governor Andrew Cuomo was joined at the WorldPride 2019 parade by Lieutenant Governor Kathy Hochul, Chris Quinn, Randi Weingarten, Adriano Espaillat, Jim Gaughran, Jen Metzger, David Weprin, Amy Paulin. Chad Griffin, Alphonso David, Counsel to the Governor, State Senator Brad Hoylman, who’s been a champion, Kristen Browde, Dolores Nettles, Secretary to the Governor Melissa DeRosa, as well as Cuomo’s three daughters Cara, Mariah, Michaela. © Karen Rubin/news-photos-features.com

Delores Nettles said, “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 today.”

“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.”

NYC’s Pride Center celebrating at WorldPride NYC 2019. There was much to celebrate: Governor Cuomo had just signed legislation banning the gay and trans panic legal defense © Karen Rubin/news-photos-features.com

Glennda Testone, 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.”  

“Using an 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.”

Guillermo 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.”

Amanda 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.”

Brooke 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.”

Kelly Metzgar, 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.”

Kelsey Louie, 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.

Cuomo Takes Bow in Delivering on Justice Agenda, Calling Legislative Session ‘Most Productive in Modern Political History’

New York State Governor Andrew M. Cuomo took a deserved bow in delivering on the Justice Agenda he laid out at his inauguration, calling this year’s Legislative Session “the most productive in modern political history.” © Karen Rubin/news-photos-features.com

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 economy. 

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.

Advancing LGBTQ 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 anti-discrimination agencies

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 determining wages.

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.

Tenant 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.

Ensuring Quality 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 as Excelsior.

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 TAP assistance.

Criminal Justice 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 infrastructure.

Protecting the 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 the environment.

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.

Supporting Workers’ Rights: Extended Janus protections to all local governments and guaranteed the right to organize and collectively bargain.

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 registration.

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:

  • Full 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.
  • $120 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.
  • $100 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.
  • $20 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.
  • Penn 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.
  • $20 Million 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.
  • $30 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 grants.
  • $25 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.

Sierra Club Applauds Cuomo Commitment to Advancing Clean, Renewable Energy in State of State

Governor Andrew Cuomo reiterated his support for offshore windpower project off Long Island in his 2019 State of the State address © Karen Rubin/news-photos-features.com

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 training centers.

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 State.

NYS Governor Cuomo Uses State of State Message to Define Justice Agenda

New York State Governor Andrew M. Cuomo used his 2019 State of the State Address to delineate a Justice Agenda that works toward the ideal of full, true justice for all. © Karen Rubin/news-photos-features.com

This is what a progressive state looks like.

New York State Governor Andrew M. Cuomo used his 2019 State of the State Address to delineate a Justice Agenda that works toward the ideal of full, true justice for all. 

In stark contrast to the federal government’s dysfunction and the self-destructive tactic of using the shutdown to extort a political prop, the Governor is laying out a blueprint to move forward, while shielding New Yorkers from Washington’s devastating federal attacks. It is aimed at strengthening the middle class, safeguards the environment, improves the health of communities and invests in building an infrastructure for the 21st century. For the ninth consecutive year, the Budget is balanced and holds spending growth below two percent.

“In December, in the face of the nation’s biggest social crisis, and with the federal government seeking to undo generations of progress, Governor Cuomo laid out his legislative agenda to enable the Legislature to commence action on these top priorities immediately upon convening.” In this State of the State Address, the Governor called on the Legislature to swiftly and immediately act on these priorities in the first 100 days of session.
 
“In the face of unprecedented challenges on a national level and a federal government at a complete standstill, New York will deliver on the most productive agenda in our history and build on our record of accomplishments,” Governor Cuomo said. “This is a true Justice Agenda that ensures our neediest schools receive an equitable share of funds, advances historic criminal justice reform, safeguards our health care, protects the rights of women in our state from the federal government, and leads the nation in fight against climate change and contaminants in our environment and our water. While extreme conservatives in Washington govern by division and fuel dysfunction, New York State will raise the beacon of progress and take action to make a real difference in people’s lives.”

Here is a summary of the initiatives (it is long, but New Yorkers should see the detail of the agenda):

  • The FY 2020 Executive Budget is $175.2 billion on an All Funds basis.
  • State Operating Funds is $102.0 billion, growth of 1.9%
  • Health and Education spending grows at 3.6%, Executive Agencies at 0.8%.

ECONOMIC JUSTICE
  
Continue the Phase-In of Middle Class Tax Cuts: The Budget supports the phase-in of the middle class tax cuts. Under these reforms, rates will continue to drop to 5.5 percent and 6 percent when the cuts are fully phased in – an up to 20 percent cut in income tax rates for the middle class – and produce a projected $4.2 billion in annual savings for six million filers by 2025. As the new rates phase in, they will be the State’s lowest middle-class tax rates in more than 70 years.
 
Extend the Millionaire’s Tax: To protect the progress that has been made in enhancing progressivity and ensuring tax fairness for New York’s middle-class, Governor Cuomo is proposing a five-year extension of the current tax rate on millionaires. This will preserve an estimated $4.4 billion annually otherwise unavailable to make vital investments in education and infrastructure to secure New York’s future economic prosperity.
 
Make Permanent the Property Tax Cap: Governor Cuomo made a first-ever property tax cap a hallmark of his first campaign for Governor and a priority of his administration’s first year. Since the implementation of the tax cap in 2012, growth has averaged approximately 2 percent and the tax cap has produced approximately $25 billion in taxpayers’ savings. The Governor proposes that New York preserve and make permanent the property tax cap, as he has advocated in the past.
 
Close the Carried Interest Loophole: Because of an egregious loophole in federal law, some of the wealthiest people in the country, including hedge fund managers and private equity investors, are paying lower tax rates on their income than many middle class families. This “carried interest” loophole results in a substantial cost to middle-class New Yorkers, with the State losing about $100 million every year. To ensure that the wealthiest Americans are paying their fair share, Governor Cuomo will take a landmark step to close the carried interest loophole under New York State law and effectively eliminate the benefits of this loophole under the federal tax code.
 
Fight for the Full Deductibility of State and Local Taxes: Governor Cuomo fought the federal tax bill every step of the way while it was under consideration in Congress. After its passage, New York joined together with three other states to sue the federal government over this illegal and targeted assault. The Governor will continue to fight against this law and the threat that it poses to New York State, and he urges the new Democratic House of Representations stand together and demand that the SALT deduction is fully restored.
 
Continue Lawsuit Against Federal Government Challenging Unconstitutional Tax Law That Targets New York: Governor Cuomo and Attorney General Barbara D. Underwood filed a lawsuit to protect New York and its taxpayers from Washington’s drastic curtailment of the SALT deduction. The lawsuit 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. The Governor and Attorney General Letitia James will continue in their fight to overturn the law’s unprecedented and unconstitutional limitations on SALT deductibility.
 
Building 21st Century Infrastructure
 
Invest an Additional $150 Billion in the Nation’s Largest Infrastructure Program: Governor Cuomo has made an unprecedented commitment to invest $150 billion in infrastructure projects over the next five years. Beginning in FY 2020, these capital projects will rebuild transportation and mass transit systems, drive economic and community development, create new environmental and park facilities, and support our sustainable energy future.
 
Reduce Traffic Congestion in NYC and Fund the MTA: This year, the Governor will implement congestion pricing to establish a reliable funding stream to transform the transit system and reduce congestion in Manhattan. By charging fees for vehicles to move within the most congested area of New York City and then reinvesting those funds into transit improvements, this plan will combat gridlock and deliver to New York City’s residents and visitors the world-class transit system they deserve. 
 
Establish Accountability for the MTA: The MTA is a bureaucracy that lacks any accountability. The board of 17 members gives no single person a clear majority of nominees and there are 32 unions representing MTA employees that exert significant political power over the elected officials who appoint the board members. To overhaul this bureaucracy and fix the system, the Governor will work with the Legislature to establish clear authority over the MTA, while continuing to solve the need for dedicated funding and splitting capital funding shortfalls between New York City and New York State. Only with clearly designated authority and adequate funding can the MTA can be overhauled into the efficient and effective transit system that New Yorkers deserve.
   
Expand Design-Build and Enact Other Efficiencies to Expedite Construction Projects: Governor Cuomo’s $100 billion infrastructure program is arguably the nation’s largest and boldest. Key to the program’s success is the Governor’s decision to deploy the design-build method on complex projects, saving taxpayers time and money by making a single contractor responsible for both a project’s design and its actual construction. To ensure efficiency across State projects, the Executive Budget includes legislation authorizing the use of state-of-the-art methods such as construction manager at-risk and construction manager-build, while expanding design-build to additional agencies.
 
Continuing New York’s Bottom-Up Economic Development Strategy
  
Invest $750 million for Round Nine of the Regional Economic Development Councils: In 2011, Governor Cuomo established 10 Regional Economic Development Councils (REDCs) to develop long-term regional strategic economic development plans. Since then, the REDCs have awarded $6.1 billion to more than 7,300 projects. This strategy has resulted in 230,000 new or retained jobs in New York. The Executive Budget includes core capital and tax-credit funding that will be combined with a wide range of existing agency programs for a ninth round of REDC awards totaling $750 million.
 
Invest in Communities Across the State Through the Fourth Downtown Revitalization Initiative: The Downtown Revitalization Initiative is transforming downtown neighborhoods into vibrant communities where the next generation of New Yorkers will want to live, work and raise families. Participating communities are nominated by the State’s ten REDCs based on the downtown’s potential for transformation. Through three rounds of awards, each winning community was awarded $10 million to develop a downtown strategic investment plan and implement key catalytic projects that advance the community’s vision for revitalization. The Executive Budget provides $100 million for the Downtown Revitalization Program Round IV.
 
Ensuring A Quality Education for All
 
Require Districts to Distribute State Aid in a More Equitable Manner to Their Neediest Schools: Although the state distributes 70 percent of its funding to the neediest districts, the districts do not always distribute funding to their schools in an equitable manner. In fact, some school districts have schools with significantly higher needs receiving less than the average school in the district. Governor Cuomo proposes to require that these school districts devote a portion of their 2019-20 school aid to increase the per-pupil allocation in those high-need schools. This increase in allocation will help ensure that funding intended to help improve educational outcomes for the neediest students reaches those students.
 
$1 Billion Education Aid Increase: State support for school districts will have increased by $8.1 billion (42 percent) since FY 2012. Over 70 percent of this year’s increase goes to high-need school districts. Foundation Aid is increased by $338 million.
 
Expand Universal Pre-Kindergarten: The Budget includes an additional $15 million investment in pre-kindergarten to expand high-quality half-day and full-day prekindergarten instruction for three- and four-year-old children in high-need school districts.
 
Recruit 250 New Teachers in Shortage Areas through the We Teach NY Program: With the goals of diversifying and strengthening the teacher workforce pipeline, Governor Cuomo proposes to invest $3 million in the We Teach NY program, which will strategically recruit 250 new teachers to fill identified needed positions in New York classrooms in 2024.
 
Expand Master Teacher to High Poverty Schools to Increase Access to Advanced Courses: In 2013, Governor Cuomo launched the New York State Master Teacher Program to strengthen our nation’s STEM education, giving selected educators an annual $15,000 stipend for four years, professional development opportunities and a platform to foster a supportive environment for the next generation of STEM teachers. In order to recruit and retain outstanding educators in the highest poverty schools, the Executive Budget will provide $1.5 million to support 100 new Master Teachers who teach in high-poverty schools with high rates of teacher turnover or high rates of relatively inexperienced teachers.
  
Protect Student Loan Borrowers: There are approximately 2.8 million student loan borrowers in New York that have tens of billions of dollars in outstanding student loan debt, which is serviced by about 30 student loan servicers. The Governor will advance sweeping protections for student loan borrowers by requiring that companies servicing student loans held by New Yorkers obtain a state license and meet standards consistent with the laws and regulations governing other significant lending products such as mortgages; banning upfront fees; requiring fair contracts and clear and conspicuous disclosures to borrowers; and providing penalties for failing to comply with the law.
 
Creating Economic Opportunity for Every New Yorker
 

Launch the $175 Million Workforce Initiative: Governor Cuomo will launch a new Consolidated Funding Application for workforce investments that will support strategic regional efforts that meet businesses’ short-term workforce needs, improve regional talent pipelines, expand apprenticeships, and address the long-term needs of growing industries — with a particular focus on emerging fields with growing demand for jobs like clean energy, health technology, and computer science. These funds will also support efforts to improve the economic security of women, youth, and other populations that face significant barriers to career advancement.  

Expand Employer-Driven Training Opportunities by Enhancing the Employee Training Incentive Program: Governor Cuomo proposes to expand the Employee Training Incentive Program to provide more training options to more industries by enabling employers with dedicated training shops to draw on in-house expertise in delivering approved training, and by extending ETIP tax credits to internship opportunities in additional high-tech industries.
 
Protect Workers from Union-Busting Activity by Codifying EO 183 into Law and Expanding its Protections to Local Governments: New York State has a long and distinguished history of standing by union workers. This year, Governor Cuomo will continue to advance his support for unions by introducing legislation that not only codifies EO 183 into law, but expands its protections to local governments to ensure that more union workers are protected.
 
Increase Criminal Penalties for Wage Theft: Governor Cuomo will advance legislation to increase criminal penalties for employers who knowingly or intentionally commit wage theft violations to more closely align with other forms of theft.
   
Ensuring Access to Affordable Housing
 
Enact Historic Legislation to Strengthen Rent Regulation: This year, the Governor proposes aggressive rent regulation reforms, including ending vacancy decontrol, repealing preferential rent, and limiting building and apartment improvement charges. These changes will preserve the rent regulated housing stock, strengthen tenants’ rights to affordable housing, and ensure New Yorkers safe, quality affordable housing.
 
Limit Security Deposits to Reduce Housing Barriers: Governor Cuomo will propose legislation to limit security deposits to a maximum of one month’s rent across New York State, making New York’s security deposit limits among the strongest in the nation This law will serve to ensure that burdensome security deposits will no longer serve as a barrier to entry for anyone trying to find a new place to live.  

Help Families Build Credit and Holistically Evaluate Credit Scores: In New York State, most landlords conduct background credit checks on potential tenants, which often leads to rejecting applicants with low credit scores or an insufficient credit history. To ensure all New Yorkers have a fair shot of accessing affordable, quality housing, Governor Cuomo will issue regulations prohibiting state-funded housing operators from automatically turning away applicants with poor credit or histories of bankruptcy. Instead, the State will require that all potential tenants and homeowners be holistically evaluated to determine the circumstances behind their credit history and their ability to pay rent on a forward-looking basis.  

Enact Source of Income Protections to Support Fair Housing for All: In certain parts of New York State, landlords can reject applicants based on their lawful source of income, disproportionately impacting households that rely on non-wage income or income assistance and those who use vouchers to obtain housing for their families. The Governor will work with the legislature to amend the New York State Human Rights Law to prohibit discrimination based on lawful source of income statewide to ensure that such lawful income is not a blanket barrier to housing, reducing financial instability for New York’s most economically vulnerable individuals.
 
Combating Poverty
  
Support ESPRI Communities and Establish ESPRI Representation on REDC Workforce Development Committees:  In 2016, Governor Cuomo created the Empire State Poverty Reduction Initiative (ESPRI) to combat poverty and reduce inequality. ESPRI is an important component of the Governor’s anti-poverty agenda, and this year Governor Cuomo proposes to build on the success of these State and local partnerships to address poverty, supporting more community-based efforts through continued funding of ESPRI. Governor Cuomo will also continue to support efforts by the REDCs and the economic development community to broaden and deepen their commitments to local anti-poverty efforts and he will ensure an ESPRI representative is included on each region’s Workforce Development Committee and involved in the review process for the Governor’s new Workforce Development Initiative.
  
Reduce Hunger and Food Insecurity: Building on historic investments to combat food insecurity, Governor Cuomo will establish a goal to reduce household food insecurity in New York State by 10 percent by 2024. In order to achieve this goal, Governor Cuomo is directing the following actions: create a food and anti-hunger policy coordinator; simplify access to SNAP for older and disabled adults; enhanced resources and referrals in clinical settings; participate in SNAP online purchasing pilot; and expand food access in Central Brooklyn.
 
Supporting the Rural and Agricultural Economy
  
Continue the Revitalization of the Great New York State Fairgrounds: The State Fair drives $100 million a year in economic activity in Central New York and thousands of jobs. Under Governor Cuomo’s leadership, New York State has invested more than $120 million dollars in two phases over the last three years to remake the New York State Fairgrounds. To continue the transformation of the State Fairgrounds, the State will make additional renovations and upgrades to enhance user experience. The Governor’s commitment continues to make the fairgrounds a year-round destination.
 
Fund Key Programs to Support New York’s Farmers: The agricultural industry is full of variability and uncertainty. As a reflection of the Governor’s resolve to support New York’s farmers, this year’s Executive Budget will continue funding the specialized technical assistance, industry promotion, and research investments statewide to reduce farms’ exposure to economic and climate inconsistency.
 
SOCIAL JUSTICE
 
Advancing Criminal Justice for All
 
Bail and Pretrial Detention Reform: Governor Cuomo is advancing legislation that will end cash bail once and for all, significantly reduce the number of people held in jail pretrial, and ensure due process for anyone awaiting trial behind bars. This series of reforms will include a mandate that police issue appearance tickets instead of making arrests in low-level cases, eliminate money as a means of determining freedom, and institute a new procedure whereby a district attorney can move for a hearing to determine whether eligible defendants may be held in jail pretrial, for which the judge must find reasonable cause to believe the individual is a danger to themselves or others.
 
Improve Transparency in the Discovery Process: As only one of ten states where prosecutors can withhold basic evidence until the day a trial begins, Governor Cuomo’s plan will bring New York’s discovery process into the 21st century by requiring both prosecutors and defendants to share all information in their possession well in advance of trial.  Defendants will also be allowed the opportunity to review whatever evidence is in the prosecution’s possession prior to pleading guilty to a crime.
 
Ensure the Right to a Speedy Trial: Governor Cuomo will introduce legislation that ensures criminal cases no longer drag on without accountability. With this proposal, Governor Cuomo will guarantee that all necessary discovery procedures are completed quickly, and that no New Yorker is unduly held in custody as they await their day in court.
 
Abolish the Death Penalty: Although the New York Court of Appeals ruled the death penalty unconstitutional in 2004, capital punishment was never fully repealed in statute.  To address this disparity, Governor Cuomo will introduce legislation to permanently strike capital punishment from the law to guarantee that this draconian punishment is never again practiced in the State of New York.
 
Transform the Use of Solitary Confinement in State Prisons:  New York has dramatically reformed and reduced the use of solitary confinement for people who engage in misconduct within state prisons. The Governor is directing DOCCS to accelerate the momentum of solitary confinement reform by limiting the length of time spent in separation, building dedicated housing units for rehabilitation and integration following a disciplinary sanction, and expanding therapeutic programming to reinforce positive and social behavior.
 
Establish Compassionate Release: The Governor will establish a process of compassionate release for incarcerated individuals over the age of 55 who have incapacitating medical conditions exacerbated by their age.
 
Enact a Comprehensive Re-entry Package to Improve Outcomes for Formerly Incarcerated Individuals: Governor Cuomo will enact a four-point plan to ease the burdens placed on individuals who have paid their debt to society and provide them with the opportunities they need to succeed.
 
Legalizing Adult Use Cannabis
 
In January 2018, Governor Cuomo directed the Department of Health to launch a multi-agency study to review the potential impact of regulated cannabis in New York. The study, issued last July, concluded that the positive impact of a regulated cannabis program in New York State outweighs the potential negative aspects. Building on extensive outreach and research, Governor Cuomo is proposing the establishment of a regulated cannabis program for adults 21 and over in the FY 2020 budget that protects public health, provides consumer protection, ensures public safety, addresses social justice concerns, and invests tax revenue.  Specifically, the program will: 

  • Reduce impacts of criminalization affecting communities of color.
  • Automatically seal certain cannabis-related criminal records.
  • Implement quality control and consumer protections to safeguard public health.
  • Counties and large cities can opt out.
  • Restrict access to anyone under 21.
  • Generate approximately $300 million in tax revenue and create jobs.

Advancing Reproductive Justice and Women’s Equality
  
Pass the Reproductive Health Act and Comprehensive Contraceptive Coverage Act and Enshrine Roe v. Wade into the New York State Constitution: Governor Cuomo will work with the legislature to pass the Reproductive Health Act within the first 30 days of the 2019 Legislative Session, codifying the principles of Roe v. Wade into State law. This law will ensure the right of people to make personal health care decisions to protect their health, in addition to their life, and ensure that health care professionals can provide these crucial services without fear of criminal penalty. Upon passage of the RHA, the Governor will advance a concurrent resolution to enshrine the principles of Roe v Wade into the New York State Constitution. Additionally, Governor Cuomo will advance legislation to codify affordable access to contraception, including emergency contraception, into New York State law, by passing the Comprehensive Contraceptive Coverage Act.
 
Improve Access to In-Vitro Fertilization and Fertility Preservation Coverage: This year, Governor Cuomo will advance legislation to expand access to coverage for IVF, as well as medically-necessary fertility preservation services. This legislation will specifically mandate that large group insurance providers cover IVF and will also require large, small, and individual group insurance providers to cover egg-freezing services for women with certain health conditions, including those undergoing cancer treatment.
 
Reduce Maternal Mortality and Morbidity and Racial Disparities: Based on recommendations from the Maternal Mortality Taskforce established by Governor Cuomo in 2018, the Governor will advance a series of policies to reduce maternal mortality and racial disparities in New York State, including creating an education and training program to reduce implicit racial bias in health care institutions statewide, expand Community Health Worker programs, enacting legislation to create a statewide Maternal Mortality Review Board, creating a data warehouse to provide near real-time information on maternal mortality and morbidity and to inform targeted quality initiatives, and convening an Expert Workgroup on Postpartum Care to develop recommendations targeting the critical time immediately after birth.
 
Pass the Equal Rights Amendment: Governor Cuomo will push to pass the Equal Rights Amendment to add sex as a protected class to Section 11 of Article 1 of the New York State Constitution. With this change, Section 11 of Article 1 of the New York State Constitution will read: No person shall be denied the equal protection of the laws of this State or any subdivision thereof. No person shall, because of race, color, sex, creed or religion, be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation or institution, or by the State or any agency or subdivision of the state.
 
Pass the Domestic Violence Survivors Justice Act: Governor Cuomo will advance the Domestic Violence Survivors Justice Act, which will build on Jenna’s Law to include more meaningful sentence reductions and encompass crimes committed not only against, but also at the behest of, abusers. The Act will also permit a small population of currently incarcerated survivors to apply for re-sentencing and earlier release due to their prior victimization.
 
Eliminate the Statute of Limitations for Rape: While New York removed the statute of limitations for Rape in the First Degree, a five-year statute of limitations remains for Rape in the Second Degree and Rape in the Third Degree. Therefore, in 2019 Governor Cuomo will advance legislation to remove the statute of limitations for Rape in the Second Degree and Third Degree.
 
Increase Protections Against Harassment in the Workplace: Building on the nation’s most comprehensive sexual harassment package signed into law by Governor Cuomo in 2018, Governor Cuomo will advance legislation to lower the high bar set for employees to hold employers accountable under the New York Human Rights Law for sexual harassment, protect employees’ rights to pursue complaints, and ensure workers know their rights, by requiring all employers to conspicuously post a sexual harassment educational poster in their workplace.
 
Modernize New York’s Pay Equity Law: Since taking office, Governor Cuomo has fought aggressively to close the gender pay gap in New York. This year, Governor Cuomo will build upon that effort by championing the passage of a salary history ban. In addition, the Governor will advance legislation to expand the definition of “equal pay for equal work” to require equal pay on the basis of race, ethnicity, gender, and other protected characteristics, and expand the requirement that equal pay be provided for all substantially similar work, adding flexibility in recognition of the complexity of the issue.
 
If You Can See It, You Can Be It 2019—Girls in Government: Governor Cuomo will create an opportunity for girls to learn about the impact they can have through politics through the new Girls in Government initiative, a non-partisan program to encourage girls in grades 8 through 12 to get involved in government and public policy. The program will introduce girls to the machinery of advocacy and public policy and teach young girls about public affairs and issues that matter to them personally and in their community. They will witness first-hand the inner workings of state government and meet with elected officials and senior staff.
 
Creating a Safer New York
 
Establish Extreme Risk Protection Orders to Save Lives: Governor Cuomo will continue to champion the Red Flag Bill, also known as the Extreme Risk Protection Order Bill, which would prevent individuals determined by a court to have the potential to cause themselves or others serious harm from purchasing, possessing, or attempting to purchase or possess any type of firearm, including handguns, rifles, or shotguns. This legislation builds on New York’s strongest-in-the-nation gun laws, and, if passed, would make New York the first state to empower its teachers and school administrators to prevent school shootings by pursuing court intervention.
 
Extend the Background Check Waiting Period: Governor Cuomo continues to support legislation to establish a 10-day waiting period for individuals who are not immediately approved to purchase a firearm through the National Instant Criminal Background Check System (NICS).
 
Ban Bump Stocks: Governor Cuomo will advance legislation to close existing statutory loopholes to prohibit ownership or sale of a bump stock. As evidenced by the 2017 Las Vegas shooting, bump stocks can be equipped to semi-automatic weapons to simulate machine gun fire with deadly consequences. Bump stocks serve no legitimate purposes for hunters or sportsmen and only cause unpredictable and accelerated gun fire, and there is no reason to allow for their continued sale in New York State.  

Pass the Child Victims Act: Having advanced the Child Victims Act, Governor Cuomo is fighting to enact the bill and provide survivors with a long-overdue path to justice. This legislation will increase the length of time during which a child sex abuser may be held criminally accountable, allow abuse victims to commence a civil lawsuit at any time until they reach age 50, and ensure that each and every survivor has an opportunity to seek justice by creating a one-year window for victims whose claims have previously been time-barred to bring suit.  

Enact Comprehensive Safety Reforms for Large Passenger Vehicles: The horrific tragedies involving modified stretched limousines in Schoharie County in 2018 and Suffolk County in 2015 filled every New Yorker with a deep sense of empathy and sorrow for the victims and their loved ones. Governor Cuomo proposes a number of statutory reforms to both protect passengers and hold those accountable who seek to flout the law, including an outright ban on the registration of remanufactured limousines, prohibiting their operation in New York State.
 
Authorize Speed Cameras: In order to reinstate the bill signed into law by Governor Cuomo in 2013 authorizing the City of New York to develop a system to advance school zone highway safety utilizing camera technology to record and enforce speeding violations, the Governor will put forward a proposal to reinstate and expand the speed camera program in New York City.
 
Enacting the Democracy Agenda
 
Allow Universal Absentee Voting: Governor Cuomo will push to amend the constitution to make absentee ballots available to any eligible voter, no matter their reason for wanting one. 
 
Enact Statewide Early Voting: This proposal would combine early voting with electronic poll books, making make it easier for poll workers to keep track of voting records and verify voter identity and registration status. 
 
Permit Same-Day Registration: Governor Cuomo is proposing amending the constitution to eliminate this outdated but formidable barrier to the ballot box. 
 
Automatic Registration: Today New Yorkers are given the opportunity to register to vote when interacting with State agencies and they must affirmatively ask to be registered. The budget will include a proposal to reverse that process and register eligible New Yorkers to vote unless they affirmatively ask not to be registered. Automatic voter registration will not only boost voter registration and turnout in this state, it will also strengthen our democratic process. 
 
Make It Easier to Register to Vote: In order to ensure voter registration is as simple as possible, the Governor is proposing that all automatic voter registration opportunities be available online, and that New Yorkers are able to apply to register to vote on the State Board of Elections website if they choose to do so. 
 
Make Election Day a Holiday: An inability to take off of work should never be a barrier to voting. For this reason, Governor Cuomo will advance legislation to ensure that every worker in New York State receives, as of right, paid time off to vote on Election Day.
 
Eliminate Restrictions on Voting Before Noon in Upstate Primaries: Governor Cuomo will fix unequal ballot access across the state by ensuring that voting hours are extended for primary elections upstate to match those voting hours across the rest of the state. 
 
Fight to Ensure that All New Yorkers Are Counted in the 2020 Census: In 2019, Governor Cuomo will launch a comprehensive campaign to protect the integrity of the 2020 Census and to ensure that every New Yorker is counted.
 
Enacting Ethics Reform
 
Adopt Campaign Finance Reform: Governor Cuomo will advance a comprehensive package of campaign finance reform legislation to combat the unprecedented influence of big money in politics and empower the voices of all New Yorkers.

  • Public Financing of Elections: There is no incentive in today’s campaign finance system for candidates to focus on ordinary donors. Large donors provide large donations which drown out the voices of ordinary people. Public campaign financing is the remedy to this problem. By enacting a 6:1 public financing matching ratio for small donations, candidates will be incentivized to focus on small donors.
  • Lowering Campaign Contribution Limits: Governor Cuomo is proposing lowering contribution limits for all candidates. By implementing these reforms, and creating a strong public financing system, New York will dramatically reduce the influence of money in politics and return to a government by the people and for the people.
  • Ban Corporate Contributions and Fully Close the LLC Loophole: Ever since the Citizens United decision in 2010, corporate money has overtaken our elections system. It is time for New York State to finally say enough is enough. Governor Cuomo will fix this problem once and for all by banning all corporate and LLC contributions. It is time to restore the power to the people, and take it out of the hands of dark money and special interest donors.
  • Strengthen Disclosure Laws that Expose Dark Money in Politics : In June 2016, Governor Cuomo advanced ethics reform legislation to address the impact of Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). The Governor cautioned about the increase of dark money in politics and promised to “strengthen disclosure requirements and mandate that groups report the identity of anyone exerting control over them.” In August 2016, the Governor signed into law New York Executive Law § 172, which requires disclosures of political relationships and behaviors widely recognized to be influential but which operate in the shadows. Now, with the lessons of the 2018 election in hand, the Governor proposes strengthening this law in a variety of ways to assure all New Yorkers have critical information about who is actually speaking to them. Further, the Governor is seeking to streamline the reporting process for 501(c)(3) and 501(c)(4) organizations, including by providing a mechanism for organizations to apply for a statutory exemption before the start of a reporting period.

Require Financial Disclosures by Local Elected Officials: This proposal will require these local elected officials to submit basic financial disclosure information to JCOPE, just like their state counterparts, so that the people of New York State can have the information they need about the people they choose to represent them at all levels of government.
 
Build a Dynamic, User-Friendly Database of Economic Development Projects: In an effort to increase transparency and modernize the information available on State economic development efforts, the Governor is directing Empire State Development (ESD) to build and host a searchable online database that will give the public more current and relevant information on projects that receive ESD assistance. When deployed, the new database will provide the public with more recent information on projects and combine the data from many static, program-specific reports into one dynamic, user-friendly website.
 
Ensuring Immigrant Rights
 
Pass the Jose Peralta DREAM Act: Governor Cuomo will pass the Senator Jose R. Peralta DREAM Act to finally open the doors of higher education to thousands of New Yorkers. The Senator Jose R. Peralta DREAM Act will give undocumented New York students, who are deserving of the same advantages given to their citizen peers, access to the Tuition Assistance Program, as well as state administered scholarships. 
 
Codify Executive Order Prohibiting State Agencies from Inquiring About Immigration Status: In 2017, Governor Cuomo issued Executive Order 170, prohibiting State agencies and officers from inquiring about or disclosing an individual’s immigration status unless required by law or necessary to determine eligibility for a benefit or service. Building upon further amendments to the Executive Order, Governor Cuomo proposes codifying the protection of the amended EO 170 into law.
 
Protecting LGBTQ Rights
  
Pass the Gender Identity and Expression Non-Discrimination Act:Governor Cuomo supports the passage of the Gender Expression Non-Discrimination Act (GENDA), solidifying protections against discrimination, harassment, and hate crimes against people on the basis of gender identity.
 
Banning Conversion Therapy: Governor Cuomo supports legislation to expand the definition of professional misconduct for professions licensed under the education law to include engaging in, advertising for, or allowing someone under one’s direction or oversight to engage in conversion therapy with a patient under the age of eighteen years. 
 
Ban the “Gay Panic” Defense: Governor Cuomo will again push to close the loophole in New York State by passing legislation to ban gay and trans panic defenses.
 
Make Surrogacy Legal in New York State: New York State law presently bans the practice of gestational surrogacy, and creates destabilizing uncertainty about who the legal parents are when a child is conceived via other reproductive technology like artificial insemination or egg donation. The Governor is proposing legislation to lift the ban on surrogacy contracts to permit gestational carrier agreements.
 
Serving Our Veterans
 
Support for Transgender Troops: New York will stand with all veterans regardless of sexual orientation or gender identity. This year, all New York State Division of Veterans’ Affairs staff will receive LGBTQ cultural competency training to help understand how to best serve LGBTQ veterans. DVA will also work with LGBTQ-focused organizations to make sure that each and every LGBTQ veteran receives individualized assistance in a safe and supportive environment, including by helping LGBTQ veterans upgrade their service discharges so that these brave veterans will be able to access healthcare, education, financial compensation, and other benefits they have earned.
 
JUSTICE FOR ALL NEW YORKERS
  
Protecting Quality, Affordable Health Care
 
Codify Health Care Protections and Coverage Guarantees for New Yorkers: In light of the continued federal attacks on the ACA, Governor Cuomo believes it is essential that New York codify key ACA provisions, including the state’s health insurance marketplace, as well as enhanced State regulatory protections into State law. This is critical to stabilizing the health insurance market and inoculating New York from any further federal attacks on the health care system.
 
Take Action to Achieve Universal Access to Health Care: Governor Cuomo is establishing a Commission on universal health care to be supported by Department of Health and Department of Financial Services, and comprised of health policy and insurance experts to develop options for achieving universal access to high-quality, affordable health care in New York. This review process will consider all options for expanding access to care, including strengthening New York’s commercial insurance market, expanding programs to include populations that are currently ineligible or cannot afford coverage, as well as innovative reimbursement models to improve efficiency and generate savings to support expanded coverage.
 
Fighting to End the Opioid Epidemic
 
Protect New Yorkers from Predatory Practices: Governor Cuomo will advance legislation to 1) require that out-of-state facilities be licensed in their home state and accredited by a nationally recognized organization, and 2) prevent predatory out-of-state providers from targeting justice involved individuals by working with courts to immediately connect individuals to in-state treatment programs and by advancing legislation to protect in-state court ordered treatment. He will also direct OASAS to implement regulations that require out-of-state marketers comply with OASAS requirements when marketing in New York State. With these actions, New York will implement the strongest practices in the nation to protect its residents, forcing predatory treatment programs to look elsewhere to fill their facility quotas.
 
Expand Access to Buprenorphine: Buprenorphine is an important advance in Medication Assisted Treatment, which, like methadone and injectable naltrexone, is used in combination with counseling as appropriate to help people reach and sustain recovery from Opioid Use Disorder. To expand use of buprenorphine, Governor Cuomo will direct the Department of Health to require all hospitals statewide to develop protocols for their Emergency Departments to address Opioid Use Disorder based on the standard of care for treatment or referral for treatment.
 
Expand Access to Medication Assisted Treatment in Criminal Justice Settings: To expand access to treatment in prisons and jails, Governor Cuomo has directed OASAS to distribute over $4 million to support addiction treatment services in over 50 facilities. Additionally, Governor Cuomo will expand access to Medication Assisted Treatment by providing $1.2 million to support the establishment of up to three new MAT programs in State prisons.
 
Increase Access to Naloxone: Governor Cuomo will direct DOH to advance legislation that expands Good Samaritan laws to apply to workers in restaurants, bars, and other retail establishments. In addition, Governor Cuomo will increase access to naloxone at SUNY and CUNY by ensuring that naloxone is provided as part of every dorm first aid kit, or available for the Resident Assistant on duty every night in every SUNY and CUNY dorm.
 
Launch a Comprehensive Substance Use Prevention Blueprint for Schools: At Governor Cuomo’s direction, New York State will launch a statewide collaborative to streamline all prevention resources and develop best practices, standards, and metrics for substance use prevention into a focused “Prevention Blueprint” that will assist schools to follow a comprehensive, evidence-based and data-driven approach to prevention. OASAS shall work in collaboration with the State Education Department, Department of Health and the Office of Mental Health to develop the Prevention Blueprint for use in the 2020-21 school year.
 
Creating Healthy Communities
  
Protect New Yorkers from Unknown Exposure to Toxic Chemicals: Governor Cuomo will introduce new legislation authorizing the Department of Environmental Conservation, the Department of Health and the Department of State to develop regulations establishing an on-package labeling requirement for designated products, indicating the presence of potentially hazardous chemicals, developing a list of the more than 1,000 carcinogens and other chemicals that will trigger labeling, and identifying the types of consumer products that will be subject to the new regime. DEC and DOH will be further empowered to require manufacturers to disclose the chemical contents of consumer products in sold or distributed in New York State and explore possible additional measures to protect consumers.
 
Control Health Threats from Tobacco: Governor Cuomo is proposing comprehensive legislation to combat the rising use of tobacco products. This legislation includes:

  • Raising the Minimum Sales Age for Tobacco and Electronic Cigarette Products from 18 to 21: Most underage youth obtain tobacco and vapor products from friends who are over 18 and can legally purchase products. Raising the minimum age will remove sources of tobacco from high schools.
  • Ending the Sale of Tobacco and Electronic Cigarette Products in Pharmacies: Health care related entities should not be in the business of selling tobacco, the leading cause of preventable death in New York State. Ending the sale of tobacco and electronic cigarette products in pharmacies will reduce the availability, visibility, and social acceptability of tobacco use, especially to youth.
  • Clarify the Department of Health’s Authority to Ban the Sale of Certain Flavored E-Cigarette Liquids: Flavored combustible cigarettes, except menthol, were banned by the FDA in 2009 to reduce youth smoking as they were frequently used as a starter product.  Most e-cigarette users said their first e-cigarette was flavored. Flavors, such as sweet tart, toffee, and bubble gum, make e-cigarettes more attractive and make e-cigarettes more attractive to youth. Legislation is being introduced to provide the Department of Health the authority to ban the sale of flavored liquids that target youth use of e-cigarettes.
  • Restricting Available Discounts Provided by Tobacco and Electronic Cigarette Manufacturers and Retailers: New York has the highest cigarette tax in the nation, but manufacturers and retailers have developed tactics to reduce prices, such as “buy one, get one free” discounts. These tactics directly target price-sensitive consumers, including youth. Restricting discounts on tobacco and vapor products will strengthen the impact of New York’s tax on tobacco and disincentivize tobacco use.
  • Introduce a Tax on E-Cigarettes: Tobacco use is reduced or prevented when the price of tobacco products is high. Youth are particularly sensitive to price increases on tobacco products. New York State has one of the highest taxes on combustible cigarettes and one of the lowest youth smoking rates in the country. The same rationale is expected to apply to taxation and youth use of electronic cigarettes and e-liquids.
  • Require E-Cigarettes to Be Sold Only Through Licensed Retailers: Currently the sale of e-cigarettes is almost entirely unregulated. Restricting the sale to licensed retailers will allow the current enforcement infrastructure to ensure that minors do not purchase tobacco products.

Invest in Community-Based Supports for Aging New Yorkers: Governor Cuomo proposes investing $15 million in community-based supports for aging New Yorkers. This needed targeted investment in NYSOFA’s programs and services will help serve more older adults and will help them maintain their autonomy, support family and friends in their caregiving roles, and delay future Medicaid costs. Working with the Department of Health, NYSOFA will develop specific metrics to evaluate the success of this investment.
 
Create the Family First Transition Fund: The state will leverage the investment of private foundation funding to create a Family First Transition fund that will provide resources to local departments of social services and foster care agencies to have the resources needed to prepare for the implementation of the Family First federal legislation. This investment will allow New York State to adequately prepare for the implementation of Family First and will position New York to continue to prioritize the needs of its most vulnerable children and families and ensure the local departments of social services are fully equipped to meet those needs while maintaining compliance with important federal benchmarks.
 
Continuing New York’s Environmental Leadership
 
Launching the Green New Deal:  Amidst the Trump Administration’s assault on the environment and in order to continue New York’s progress in the fight against climate change, Governor Cuomo is announcing New York’s Green New Deal, a nation-leading clean energy and jobs agenda that will put the state on a path to carbon neutrality across all sectors of New York’s economy. At the Governor’s direction, New York will move boldly to achieve this goal with specific near-term actions and long-term strategies to spur unparalleled innovation and transform the state’s electric, transportation, and building infrastructure while prioritizing the needs of low- and moderate-income New Yorkers. This landmark initiative will further drive the growth of New York’s clean energy economy, create tens of thousands of high-quality 21st century jobs, provide all New Yorkers with cleaner air and water by reducing harmful emissions, and set an example of climate leadership for the rest of the nation and world to follow.  
 
Establish $10 Billion Green Future Fund: This year, Governor Cuomo will advance a $10 billion Green Future Fund to support clean water infrastructure, renewable energy and clean transportation, and open space and resiliency. This fund includes $5 billion in total for drinking water and wastewater infrastructure—building upon the $2.5 billion Clean Water Infrastructure Act and effectively doubling the state’s investment in clean water over the next five years.
 
Continue Historic $300 Million Environmental Protection Fund: Governor Cuomo proposes maintaining the State’s historic $300 million EPF. This investment will prioritize programs to protect New York’s water bodies, promote stewardship projects in parks and on other state lands, revitalize municipal waterfronts, and build community resilience to climate change—all while creating jobs and stimulating local economies.
 
Expanding the Bottle Bill to Include Most Nonalcoholic Drinks: In order to reduce litter and provide relief to overburdened municipal recycling entities who are struggling amidst changes to the global recycling markets, Governor Cuomo will expand the Bottle Bill to make most non-alcoholic beverage containers eligible for 5 cent redemption, including those for sports drinks, energy drinks, fruit and vegetable beverages and ready-to-drink teas and coffee. 
 
Prohibiting the Use of Plastic Bags: To address the environmental impacts of single-use plastic bags, Governor Cuomo proposes a statewide plastic bag prohibition with certain exceptions.

2019 State of the State Book Available Here