Friday Morning Brief Nov 17, 2023

Nov 16

Written By Michael Avella

Member Spotlight:

Assemblymember Pat Fahy

For today's Member Spotlight, Assemblymember Pat Fahy joined us to talk about herself, her district, priorities, and experience in the Assembly. She is very active in her district and an avid advocate for the environment, education, and the outdoors. She is currently the Chair of the Assembly's Committee on Higher Education and a sitting member of various other committees, such as Environmental Conservation, Transportation, and the Task Force on Women's Issues.

What district do you represent? Can you describe it for those that have never been there?
I represent Assembly District 109 – which recently changed a little bit after redistricting – so as of January, I represent all of the City of Albany and towns of New Scotland and Guilderland in the County of Albany.

What do you like the most about your district?
The extraordinary diversity: my district encompasses urban, suburban, and rural areas with dozens of farms, including the famed Indian Ladder Farm, where they have a cidery, brewery, and amazing apples and pumpkins.

Any favorite restaurant(s) in your district you want to highlight?
I’m very impressed with all the restaurants that use locally produced and sourced ingredients and pay more attention to the use of small and organic farms. I like to eat healthy, and I try to promote small businesses when I do get to eat. But there are a lot of good restaurants in Albany, especially in the Lark Street Corridor, which has a couple of new restaurants.

Favorite food?
I am obsessed with popcorn as a snack – sometimes, that’s my dinner. Other than that, I tend to eat a lot of vegetarian food, some fish, and probably not a day without yogurt.

What was your career before becoming a legislator?
I’ve been a public servant for a number of years. I did private consulting before, but I always considered myself a public servant. I’ve worked at multiple levels of government. I recently attended a 30-year reunion for the US Department of Labor under Secretary Bob Reich during the early Clinton Administration. So I worked a number of years in Washington DC on Capitol Hill. I’ve also worked in the state Department of Labor and was a staffer for multiple roles in the Legislature. I was also proud to be able to serve as a volunteer on the Albany school Board when my children attended schools in Albany.

Why did you get into politics? What made you want to be a legislator and what is your favorite part of being a legislator?
From a young age, I have always liked being the voice for the people and understood that working with an elected official – either as a staffer for local, state, or federal elected officials – can truly influence policy. So, when the opportunity arose, it was important to run for office. My interests were formed from my background: I am a daughter of immigrants who came to the US without any education or jobs, so I always thought it was important to be the voice for the voiceless. Listening to children, teachers, and parents from my district and trying to address their concerns keeps me going. For example, recently, concerns were brought up by students and teachers about drones repeatedly flying above schools and playgrounds, so I introduced a bill to address that.
Similarly, with AI, I’ve been advocating hard to help put SUNY Albany on the map for AI research and development in the state. At the same time, I’ve been trying to address the abuses, fraud, and misrepresentation in the media using AI, so I recently introduced a bill to address that. Being a voice and an internal advocate in the Legislature for those without a voice has always been my favorite part of being a legislator.

What are/is your greatest/proudest legislative achievement throughout your legislative career?
I’m very fortunate to have quite a few. But one of the recent ones was from last year, which was the Right to Repair legislation. When we break or have a problem with our newer phones, it’s $250 to replace a glass screen if you don’t have any insurance. We also saw a monopoly – a chokehold – on repair services, especially with handheld electronics like laptops or phones. So our bill allows large companies like Samsung and Microsoft to provide diagnostics – they don’t have to expose their trade secrets – so you can go to independent repair shops and fix your problems, like how you can already do for your cars. We were the first in the country, and now there is national legislation and a White House forum to address the Right to Repair. One of my older achievements was my bill to help address the overwhelming number of caseloads that defense attorneys had to carry for indigent legal services. In Upstate, some attorneys were carrying over 600 cases at a time, so I carried a bill a number of years ago to remedy that. Also, I’m proud to carry a few bills relating to gun control, the most significant being the state’s ability to go after gun manufacturers, where they can be sued for negligent practices. I did that bill with Senator Zellnor Myrie, and it is currently being challenged in court, but the AG is very committed to fighting for that legislation.

What was the most challenging piece of legislation/policy that you worked on this year?
Quite a few. But the most challenging one would be my Sovereign Debt bill. Many developing countries spend more on debt service than basic human needs, negatively impacting the global and state economies. Most privately held sovereign debt is governed under New York State law, allowing New York to institute a "bankruptcy" regime when debt restructurings fail. This bill would stabilize the bond market, benefiting pension funds, 401Ks, and lowering consumer prices, making it one of those rare bills that hits all the marks: pro-people, pro-business, pro-labor, pro-United States, pro-investment, and pro-planet.

As the Chair of Higher Education, what issues or priorities do you see arising next year?
First is the funding; that’s going to be the biggest issue. As the new Chair, I am incredibly proud that we had the highest increase in funding in fifteen years for SUNYs and CUNYs earlier this year in the 2023-2024 Budget. The increased funding was for operating funds and capital funds. I am doubling down on that to ensure another increase. We have spent billions on Pre-K to 12, and now it’s Higher Education’s turn to support the upcoming college student cohort who have experienced Covid-19. They have a lot of serious needs: academic loss, loss of socialization, and mental health needs. I’m committed to getting record increases again, with a focus on TAP. I’m hoping that the Governor comes through with encouraging proposals. As well as making sure that the state is not losing ground on affirmative action strides we have made with access to higher education despite the pushback and disappointing decisions coming out of the US Supreme Court. I am honored that the Speaker appointed me as Chair of Higher Education, and I will continue to work hard for funding. Funding is the key to ensuring that our schools are competitive and have critical capital investment for students’ research. For example, in sustainability efforts, AI, mental health, and social services.

Do you have any favorite NY sports team? Or any activities you like to do?
I like the teams my children have participated in, such as Albany High’s track team. Some of my favorite moments were watching sports teams from schools, especially schools that did not have the same resources as some other schools. I am a huge promoter of giving every opportunity to youths to participate in sports because I think it helps with teamwork and teaches them the idea of winning and losing – there are a lot of life lessons and character development when children participate in team sports.

What about music? Favorite Bands or Artists?
I like to listen to jazz or sometimes Irish music at home. Two of my son's favorite bands were Muse and Artic Monkeys, so I do tend to listen to the music he listened to. It's not my go-to, but anything he liked, we like.

What do you like to do in your free time?
Free time is a challenge. I do like to read, even though it’s mostly current events to keep up. I love to hike, bike, and walk. I try to be active as much as I can. I love being outdoors and being outside. I’m a huge promoter of environmental advocacy and the outdoors. A few years ago, one of my other favorite bills that was passed was to create a master state plan for state parks on outdoor trails. The plan was finished a couple of years ago, and they have done great work to build an extensive set of offroad trails. And I have a whole legislative package coming up on that as well. The more we promote our youth being outdoors, it makes them better stewards of the environment. As a daughter of two farmers, I greatly appreciate the environment and protecting it.

What advice do you have for young people/recent graduates that want to get into politics?
Volunteer in your local community through nonprofits or local campaigns, whether partisan or nonpartisan. It’s essential to be very involved! And be very careful of social media to ensure you follow legitimate news. It’s becoming more and more of a challenge. Now, it’s tough to tell what the sources are. It’s important to get out of your bubble and make sure you listen to each other, especially in a very divided time like now. I’m not one to ever condone violence, so we also have to be careful of our rhetoric and what bubble we are in. Educating yourselves is very important. Also, practice resiliency; young people are the ones who are going through so much, such as negativity in the press, social media, and at the national level, with so many unprecedented events from so much chaos. These are just unprecedented times, so it’s important to know that these events are not normal and to be wary of hyper-partisanship and violence on both sides.

What is your office going to focus on before next year's session starts?
We will focus on the bills I mentioned: drones on schools and playgrounds, AI, dozens of bills on higher ed, with a focus on funding, and parks and trails bill. We are extremely busy gearing up for next year with a priority on Higher Education.

Are you a public official or staffer that would like to be featured in our spotlight or do you know someone that would? If so, reach out to your favorite D&A team member or contact us at team@dickinsonavella.com to set up an interview!

With rising levels of hate crimes and antisemitism, Governor Hochul announcedincreased staffing for the FBI Joint Terrorism Task Force, an investment of an additional $2.5 million to the State Police. This comes a day after Hochul joined Jewish leaders at the American Jewish Committee Board of Governors Meeting, where Hochul iterated her commitment to combating antisemitism and other forms of hate crimes and speech by promising to add “$75 million more for public safety initiatives, security and individuals to protect yeshivas and synagogues and other places of worship.” Hochul explains, "Just in the last month, antisemitic incidences, complaints, reporting – it’s up 217 percent. Now that’s on top of prior increases.” Her reiteration of combating hate crimes and incidents comes after lawmakers in both the Senate and Assembly urged Hochul to increase security funding for Jewish and Muslim schools amidst escalating hate crimes and incidents across the state.

Earlier this week, Hochul issued a proclamation making November the state’s Apprenticeship Month to celebrate and honor more than 17,500 registered apprentices across 900 programs in the state. In addition, Hochul also announced an investment of $2 million for the state’s Direct-Entry Apprenticeship programs. To further support the investment, the state’s Department of Labor will launch a social media campaign to help businesses understand how apprenticeship programs can help them recruit talent and prevent worker shortages. “Registered apprenticeships are the backbone of my administration’s strategy to prepare New Yorkers for the jobs of tomorrow, and with this proclamation establishing New York State Apprenticeship Month, I am doubling down on my commitment to helping our workforce meet the needs of 21st-century businesses,” explained Hochul.

To further improve and add onto the statewide cybersecurity strategy, Hochul announced the release of proposed cybersecurity regulations for hospitals. The proposed regulations will help guide and require hospitals to establish policies and procedures to ensure that the state’s healthcare systems and patients privacy records are protected from cyber threats. In addition to complementing the recently announced statewide cybersecurity strategy, the hospital cybersecurity regulations build upon the 2024 Budget investment of $500 million in funding for health care facilities to improve their technology systems. "Our interconnected world demands an interconnected defense against cyber-attacks, leveraging every resource available, especially at hospitals," Hochul explains.

On Tuesday, Hochul announced an additional $7 million in funding for the state Office of Children and Family Services to support and facilitate a broad range of adoption-related services. This comes as Hochul proclaimed November as Adoption Awareness Month, and OCFS held an annual adoption awareness event featuring Ta’Nika Gibson, a Broadway star and adoption advocate. The recent investment of $7 million brings the state’s two-year adoption-related investments to $29.8 million, with an additional $3.074 million in federal funding for services that support adoptive families.

On Wednesday, Hochul publically announced that the state reached a record of 171,000 workers in the state’s clean energy industry at the end of last year, as highlighted by NYSERDA’s Clean Energy Industry Report. The report also finds that clean energy job growth occurred in all technology sectors, with decarbonization and energy efficiency projects adding over 2,000 jobs – or 75% of all clean energy employment in 2022 – and clean transportation projects expanded by about 20%. The announcement builds upon and illustrates the success of the state’s CLCPA goals to ensure a smooth transition into a clean economy.

LEGISLATIVE UPDATES

Somos 2023

Last week, Somos - the annual beachfront conference in San Juan, Puerto Rico - kicked off. Somos is where lawmakers officially celebrate the close ties between the state and Puerto Rico and unofficially mingle and interact with one another on a beachfront gateway. During this year’s events, reporters were surrounding Speaker Carl Heastie in an impromptu press briefing, protestors disrupted the annual Somos Shabbat event, gossip about a possible primary challenge to NYC Mayor Eric Adams floated around, and countless receptions took place.

Juan Ardila Launches Re-Election Campaign

Late last week, Assemblymember Juan Ardilla officially launched his reelection bid. This comes even after calls for his resignation from his constituents, Hochul, and other lawmakers. The calls for his resignation come after Ardila was accused of sexual assaulting two women when he was a student at Fordham University. Currently, Ardila is facing a primary challenge from labor organizer Claire Valdez, who has earned endorsements from the NYC Chapter of DSA and the Working Families Party. Commenting on Ardila’s reelection bid, Valdez said, “Juan Ardila has been too distracted by sexual harassment scandals to do his job. It’s a shame he didn’t step down, and it’s a shame he’s asking our community to send him back to Albany.”

Senator Tim Kennedy Runs for Congress

On Tuesday, Senator Tim Kennedy announced his campaign for Congress for Congressman Brian Higgins’ seat as Higgins is set to step down in February of 2024. With a special election expected, Kennedy had already asked for the Democratic designation and endorsements from the Democratic leadership. Kennedy has indicated that he will run on a platform of protecting abortion rights and strengthening gun control laws to protect public safety, saying in his announcement statement, “I will always fight to protect a woman’s right to choose and work to strengthen our nation’s gun laws to combat senseless gun violence like we’ve seen right here in our community.” Another possible Democratic candidate is Erie County Executive Mark Poloncarz, who recently won his fourth term but hasn’t commented on it as he is currently on vacation. Others names have been mentioned and some speculate that Senator Sean Ryan may also want to run for the seat. However, he has been non-committal thus far, stating "But right now, I'm super happy representing the people of Western New York in the New York State Senate."

Diwali Officially a Holiday

On Tuesday, Hochul signed a bill making Diwali a NYC public school holiday, mandating that all city public schools close on the 15th day of the eighth month of the Indian calendar annually. Diwali is a significant festival of lights for Hindus, Jains, Sikhs, and some Buddhist communities, with over one billion individuals celebrating the holiday annually. With NYC having large South-Asian communities, many lawmakers pushed to make Diwali an official holiday during this year’s session. Earlier this year, Speaker Carl Heastie announcedthat he and the Assembly were committed to passing bills to make Diwali an official holiday in the state alongside Lunar New Year – which Hochul signed in September. The Assembly sponsor and first Indian-American and first Hindu elected to state office, Jenifer Rajkumar, explained, “For over two decades, the South Asian community has lobbied for the Diwali holiday… By signing my bill, we say to over 600,000 Hindu, Sikh, Jain, and Buddhist New Yorkers, ‘We see you, we recognize you, and Diwali is an American holiday.’”

Bill Combating Deed Thefts Signed By Hochul

Earlier this week, a bill was signed by Hochul enhancing deed theft protections by giving prosecutors more power to go after fraudulent real estate transactions. The bill enables the Attorney General and district attorneys to pause housing court eviction proceedings for homeowners entangled in ownership or title possession disputes and extend specific provisions in the state Home Equity Theft Prevention Act. The Senate’s sponsor, Brian Kavanagh, explains that the bill “addresses many of the shortcomings in our laws that have allowed the outrageous crime of deed theft to occur all too frequently and that prevented these cases from being resolved in a just manner.”

Lawmakers Send Letter to Hochul for the Creation of AAPI Commission

A letter by lawmakers was sent to Hochul to urge her to sign a bill that would create the state’s Asian-American and Pacific Islander Commission. The letter explains that the AAPI community in the state has grown by 40%, and the creation of the AAPI Commission would address AAPI’s community safety, health, economic well-being, education, and civic participation. With a “2900% increase in hate crimes statewide,” the letter urges that the creation of the AAPI Commission would “bridge the gap between our government and our emerging Asian-American community” and “be more responsive to [the AAPI] community.” The bill is currently on Hochul’s desk awaiting action.

Hochul Signs Clean Slate

Hochul signed the Clean Slate Act yesterday after pressure from lawmakers, business groups, and advocates. Under Clean Slate, formerly incarcerated individuals with eligible misdemeanor convictions will have their records sealed after three years and those with certain felony convictions will have records sealed after eight years. However, law enforcement, prosecutors, the state’s Education Department, and the courts will continue to have access to all criminal records. Individuals convicted of sex crimes, murder, or other non-drug Class A felonies will not be covered under Clean Slate. Advocates argue that Clean Slate provides economic opportunities and reduces recidivism while protecting public safety. With public safety being an election issue for next year, many Republican lawmakers have already opposed Clean Slate, arguing that sealing criminal records should only occur after a judge approves it. “We continue to pass legislation like this that is really geared toward those who have broken the law, the criminal class, and not those who might be victims,” Senate Minority Leader Robert Ortt explains. Clean Slate will take effect in one year, after next year's elections.

Greenway Trails for a Green Future Introduced

Joined by Parks & Trail NY, Assemblymember Pat Fahy introduced the “Greenway Trails for a Green Future” legislative package yesterday to promote and support the state’s trailways as well as supporting cyclists. The legislative package includes a bill to encourage the development of rails-with-trails and other greenway trails. The legislative package also establishes that bicyclists on multi-use trails have the same right-of-way as pedestrians when crossing the street. Fahy explains that the state’s “trail system supports our economy, creates jobs, and attracts hundreds of thousands of visitors to our state each year.

OTHER UPDATES

Congress Averts Government Shutdown for This Year

Wednesday night, Congress approved a stopgap bill funding the government until January 19 for some agencies and February 2 for others. The bill was drafted by House Speaker Mike Johnson, who indicated that he would not support any future stopgap measures and that he was looking for deeper budget cuts in the future. This comes as he is already facing pushback from some conservative members of congress who support using the prospect of a government shutdown to attain spending cuts and policy demands, such as immigration reforms. The approved stopgap measure does not include the White House’s $106 billion request for aid for Israel and Ukraine and humanitarian funding for Palestinians. Nevertheless, President Biden is expected to sign the bill.

Ethics Report Found George Santo Violated Federal Criminal Laws

Yesterday, the congressional House Ethics Committee “determined there was substantial evidence that Representative [George] Santos violated federal criminal laws, some of which are the subject of the pending charges filed against him in court” in their investigation report on Santos. Additionally, the report states that “[T]he evidence uncovered by the Investigative Subcommittee (ISC) revealed that Representative George Santos cannot be trusted.” However, the report did not formally recommend Santos’ expulsion. California Representative Robert Garcia said that he plans to submit a resolution to expel Santos. Santos calls the report a "smear" but announced that he will not run for re-election.

Court Heard Oral Arguments on State's Congressional Redistricting Case

On Wednesday, the state’s Court of Appeals heard oral arguments in a lawsuit that could enable the Democrat-led Legislature to redraw the congressional lines in time for next year’s elections. The Democrats want the current map to be redrawn, which was drawn by an independent special master after the Court of Appeals struck down a district map drawn by the Democratic-controlled Senate over a year ago. The Democrats are arguing that the current boundaries for Congress are only intended to be a temporary one-time measure and allowed to be changed since the court modified the district lines last year. The Republicans seek to keep the current boundaries until the next decade, saying that “mid-decade redistricting is particularly dangerous” and that only the court can modify the district lines. If the Court sides with the Democrats, the new district lines must be finalized by early February.

Eric Adams Unveils City Budget Cuts

Yesterday, NYC Mayor Eric Adams released the City’s November Financial Plan Update for 2024, officially announcing 5% budget cuts for every city agency, totaling $3.7 billion. Another 5% budget cut across every city agency will occur in January with another possible 5% cut in May. The budget cuts are due to the ongoing asylum-seekers crisis, on which the city has already spent nearly $1.45 billion this year and is set to spend $4.7 billion next year and $6.1 billion in 2025. “To balance the budget as the law requires, every city agency dug into their own budget to find savings, with minimal disruption to services. And while we pulled it off this time, make no mistake: Migrant costs are going up, tax revenue growth is slowing, and COVID stimulus funding is drying up,” Adams explains.

Quick Start Budget Meeting Hosted by the Division of Budget

At the annual quick start budget meeting hosted by state Budget Director Blake Washington and attended by Senate, Assembly, and state Comptroller staffers, Washington iterated that the upcoming $4.3 budget gap for next year is “manageable” without rolling back on increased state funding for education, healthcare, and mental health services. Additionally, Washington noted that Hochul will not raise taxes next year, a sentiment that was voiced by Assembly Minority staffers. However, Washington warns of the possible economic slowdown in the state and nationwide with further potential economic instability from geopolitical factors. A budget deficit of $4.3 billion is expected next year, $9.5 billion the following year, and $7.7 billion for the year after. The total state budget for next year is expected to reach up to $231 billion.

FIRM SPOTLIGHT

D&A Partner Chrissy Dickinson was recently named to City & State’s 2023 Power of Diversity: Women 100 List. Chrissy’s excerpt below:

Christina Dickinson is a seasoned lobbyist who began her career in government as a legislative aide for former state Sen. Tom Duane. She was eventually promoted as a counsel for state Senate Democrats before moving on to launch her own private firm in 2009. Her firm, Dickinson & Avella, sits as a top lobbyist in Albany.

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