Dinowitz Digest: Primary Recap, Special Session on Guns & Equality, & More

What's Happening in the 81st Assembly District?

Primary Recap Extraordinary Session to Pass Gun Safety Legislation And to Pass the Equality Amendment, Too Congestion Pricing Begins Moving Forward, Henry Hudson Bridge Toll Still Waiting for Funds to Replenish Thoughts on Supreme Court Ruling Against EPA Climate Regulations Local Update: Unlicensed Cannabis Vendors Washington Update: Congress Passes Rare Bipartisan Bill on Common Sense Gun Safety Reforms Around the Community: Association of Riverdale Coops & Condominiums Dinner Poll of the Week: Did You Vote in the June Primary? Updates from Government & Community Partners

Primary Recap

Thank you to each and every one of you who participated in the primary election on Tuesday. I am honored and privileged to have been selected by a large majority of Democratic voters to be the party nominee in November's general election for the New York State Assembly in District 81. I've always prided myself on being active in our community, and having a broad base of support in every neighborhood of our district. Based on preliminary numbers, before absentee ballots received on or after Election Day have been tallied, I received significant majority support in all parts of our community. I will continue to work hard to represent our community and our interests in Albany and elsewhere, and please continue to share your thoughts with me about what you believe we need to do so that the Bronx will continue to be a great place to call home.

Extraordinary Session to Pass Gun Safety Legislation

On Thursday, the Legislature was called into "Extraordinary Session" to address the recent Supreme Court decision that overturned our state's century-old laws regulating concealed carry permits. As a reminder, the Supreme Court ruled that New York's 110-year-old requirement that people provide "proper cause" for applying for a concealed carry permit was unconstitutional. The Supreme Court ruling did leave open the concept of restricting firearms in sensitive areas, such as around schools or government buildings. The legislation we passed on Friday evening, which has been signed into law by Governor Hochul and takes effect on September 1, 2022, makes substantive changes to ensure that our state laws are as strong as they can be while still complying with the Supreme Court ruling. I strongly support this legislation and am proud to have been the lead debater for the Assembly Majority to defend this legislation during legislative debate on Friday. One change will require people who are applying for a concealed carry permit to participate in an in-person interview, undergo a social media review, attend a sixteen-hour, in-person training course and test, complete a minimum two-hour live-fire range training course and test, and grant access to their mental health records as part of a background check. Current license holders will have to complete this training requirement before renewing their license. People who were honorably discharged from the military within the last ten years who can produce evidence of firearms training during service, as well as retired law enforcement who qualify to carry under the Federal Law Enforcement Officers Safety Act, would be exempt from the training requirements. There will be an appeals board created by April 1, 2023 for those applicants whose license is denied. Another change defines sensitive location and establishes new criminal penalties (including revocation of a concealed carry license) for bringing a concealed firearm into such a location. The list of these locations is very long, but generally covers government buildings, healthcare facilities, religious gatherings, public venues where children are likely to be present (libraries, playgrounds, parks, zoos), childcare facilities, healthcare facilities (including mental health and substance abuse treatment), homeless shelters (including domestic violence residential programs), educational facilities, public transportation, places where alcohol or cannabis is served, performance venues, polling places, public sidewalks or public areas that are temporarily closed for a special event, lawful protests or assemblies, and Times Square in Manhattan. There will be a presumption that guns are banned from private businesses unless the business establishes their own policy to the contrary. There are also exemptions granted to certain types of professions, such as law enforcement officers. The legislation also accomplishes several other goals related to promoting gun safety. New York State will have oversight over background checks for firearms, run regular checks on license holders for criminal convictions, and create a statewide license and ammunition database. We also included a strengthening and clarification of recent legislation to restrict the sale and use of body armor as well as safe storage of firearms. I will continue to work hard on additional measures to make sure that we are as safe as we can be in the face of a national effort to push as many firearms into the hands of Americans as possible. I do not believe that more guns makes the world safer, and in fact I believe that more guns makes our world more dangerous. We live in a world where people will come into conflict with each other, and there will always be some degree of violence that occurs. However, when firearms are involved — a fistfight becomes a bloodbath, and a one-on-one feud is expanded to include everybody in the vicinity. I have received legislative suggestions from several constituents, including a tax or surcharge on ammunition and firearms (there are already bills dealing with ammunition, and I am actively exploring similar legislation on firearms). I have also received a suggestion to require gun permit holders to carry personal liability insurance (there was a similar bill introduced by former Assemblymember Nick Perry, and I am actively looking into whether somebody has picked it up already). Please continue to share your thoughts and ideas on how New York can keep working to strengthen our laws to protect people against gun violence.

And to Pass the Equality Amendment, Too

Additionally, while we were already in Albany, I am pleased to share that Governor Hochul expanded the scope of our Extraordinary Session to include taking legislative action to address the recent Supreme Court ruling which overturned Roe v. Wade. Also on Friday evening, we passed legislation to amend our state constitution to enshrine the Equality Amendment into the very foundation of our state government. This legislation will need to pass once more by the upcoming Legislature that is seated on January 1, 2023 before being ratified by statewide popular vote in the subsequent November general election. The soonest this amendment could be fully approved is November 2023. The proposed amendment is relatively straightforward. We have existing language in our state constitution which prohibits discrimination based on race, color, creed, or religion. The amendment would add a new set of categories which would additionally be protected against discrimination: ethnicity, national origin, age, disability, and sex. The amendment specifically includes within the discrimination protections for sex the following elements: sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy. I strongly support this legislation, and am happy that we took action on this proposed amendment before the end of this year. I look forward to returning to session in 2023 and passing the amendment a second time so that New Yorkers can ratify these important protections without delay.

Congestion Pricing Begins Moving Forward, Henry Hudson Bridge Toll Still Waiting for Funds to Replenish

First authorized as part of the 2019 state budget, the Central Business District toll (colloquially known as congestion pricing) has been delayed for at least two years by a set of federal approvals. This revenue is intended to fund critical capital investments in our transit system, such as the installation of much-needed elevators at our subway and Metro-North stations as well as signal upgrades so that train service can run more frequently and with fewer delays. The MTA has announced that they have answered the 400 or so questions presented to them by the Federal Highway Administration (FHWA) as part of their environmental assessment. Next steps for the implementation of congestion pricing after the FHWA grants their approval are public outreach from the MTA, installation of toll collection devices, and the setting of the toll amount. The MTA currently estimates that congestion pricing will go into effect by the end of 2023. Though technically unrelated to the congestion pricing system, I was successful in negotiating a set of three programs to help improve the quality of our transportation networks in our community. One of these programs is the aforementioned accessibility upgrades at subway stations at Mosholu Parkway (4), West 242nd Street (1), and East 241st Street (2, 5), and Metro-North stations at Woodlawn and Wakefield. There is already an elevator at the Riverdale Metro-North station, and there are significant topographic challenges that need to be surmounted for Metro-North stations at Marble Hill and Spuyten Duyvil. The other two programs are funded by the Outer Borough Transit Account (OTBA), which as you may recall is paid for by revenue collected from the for-hire vehicle surcharge on any rides that begin or end south of 96th Street in Manhattan. These two programs were delayed by the pandemic because this revenue stream was significantly diminished by fewer for-hire vehicle trips. Once that revenue returns to it's pre-pandemic levels, our programs can take effect. I can assure you that I will absolutely share all available details once this revenue threshold is achieved. One of the OTBA programs is the widely anticipated toll rebate program for Bronxites for the Henry Hudson Bridge. Currently, the Henry Hudson Bridge charges a toll of $3.00 each way (with a New York E-ZPass) while the Broadway Bridge remains free to cross. The impact of this is that many drivers choose to avoid the Henry Hudson Bridge, adding congestion to the streets in Kingsbridge and Marble Hill. This congestion not only pollutes the air, but it also slows down bus service on lines like the Bx7, Bx9, Bx20, and BxM1 buses. The other OTBA program is to create an intraborough discount of 10% on Metro-North trips. I continue to advocate for a broader discount (such as equating Metro-North fares for intraborough trips to the MetroCard subway fare), but this would make a big difference for commuters along the 1 train or Hudson Metro-North line who need to access the east side of Manhattan or the Bronx courthouse (or Yankee Stadium). I will continue to advocate for the full implementation of these programs and improvements to our mass transit system. Please let me know if you have additional questions or concerns.

Thoughts on Supreme Court Ruling Against EPA Climate Regulations

Perhaps lost in the noise of a flurry of highly damaging decisions from the Supreme Court was an overturning of EPA regulations to curb the emission of greenhouse gases. This regulation was implemented by President Biden as one of the first official actions taken by his administration, and it was designed to reduce carbon pollution from power plants and to regulate the energy sector. This is a highly destructive decision from an extremist Supreme Court that clearly seems to care more about furthering the right-wing agenda than they do about preserving the welfare of the United States and its people. I am proud of the work that New York has done in recent years to protect the planet and create a more sustainable future for our next generation. In 2019, we passed the strongest climate goals in the nation as part of the Climate Leadership and Community Protection Act. Our state budget this year provided significant investments to help achieve these ambitious goals, from expanding environmental conservation efforts (30% land and water conservation by the year 2030) and expanding the use of electric vehicles. We absolutely have more work to do to ensure that we meet the moment on climate change, and I will continue to fight for pro-climate legislation such as my Green Transit, Green Jobs proposal as well as the Climate and Community Investment Act, Build Public Renewables Act, and more.

Local Update: Unlicensed Cannabis Vendors

My office has received several reports of unlicensed cannabis sales in our community. As a reminder, the possession of cannabis was legalized as part of the Marihuana Regulation and Taxation Act of 2021, however legalized commercial sales of cannabis has not taken effect yet. This being said, based on public remarks from Mayor Adams, there seems to be minimal interest in using significant resources to try to stop the unlicensed sale of cannabis in New York City. However, in my opinion, even though we have legalized cannabis in New York — it is still a regulated product, just like alcohol. We have designed what I believe will be an excellent regulated system of commercial cannabis sales, and it is important that we stay within the prescribed parameters of such a system. My office was notified of a storage trailer that seems to have set up shop near Broadway and West 242nd Street, and we did share this report with the newly created NYS Office of Cannabis Management. We shared with them photos of the trailer as well as the apparent corporation information based on a search of NYS Department of State records. If you have unlicensed cannabis sales activity that you want to report, you can do so using the email address: enforcement@ocm.ny.gov.

Washington Update: Congress Passes Rare Bipartisan Bill on Common Sense Gun Safety Reforms

As you may have heard, Congress finally passed the first major federal gun measure in nearly three decades. It does not accomplish everything that many of us hoped for, but it still represents a significant victory for pro-safety Americans and garnered support from an astonishing fifteen Republicans in the US Senate. Several weeks ago, Congressman Espaillat took a quick break from voting on this legislation in the House to join a virtual town hall that I was hosting. He shared at that time that he thought the bill had a good chance at passing the Senate, but I do admit that I was very skeptical. I am extremely happy that Congressman Espaillat was correct, and I am proud of the leadership shown by President Biden, Senate Majority Leader Schumer, House Speaker Pelosi, and everyone in the New York Congressional Delegation to get this done. The bipartisan federal bill expands the background check system for young people who want to purchase guns, providing up to 10 business days for authorities to review juvenile and mental health records. The bill also provides funding for states to establish intervention programs (such as mental health and drug courts) and to implement red flag laws (known in New York as "extreme risk protection orders") which allow authorities to temporarily remove firearms from an otherwise permitted person based on an order from a judge. In addition, the federal bill invests heavily in mental health resources and school safety. It strengthens laws against gun trafficking and straw purchasing (which is when someone who is not legally allowed to buy a gun pays somebody else to do it for them). It also establishes new protections to prevent domestic abusers from buying firearms (which was colloquially known as the "boyfriend loophole"). Though I tend to focus most of my attention on matters of state policy, I must admit that this particular issue has really struck a chord with me — and I think many of you also. In 2012, I remember the devastating tragedy in Newtown, Connecticut at Sandy Hook and how many of us were shocked that Congress failed to take substantive action after being blocked by Tea Party radicals who had seized power in Congress. Year after year, mass shootings took place throughout the country and Americans watched helplessly as pro-death extremists repeatedly blocked all common sense gun safety measures. There is more work that needs to be done, of course, but let's not lose sight of the significance of this victory for all Americans who care about saving lives.

Around the Community: Association of Riverdale Coops & Condominiums Dinner

I was pleased to attend the recent annual dinner for the Association of Riverdale Coops & Condominiums. This organization represents the interests of the many coops and condos in our community, and have been excellent partners to help pass state policy to ensure that coops are treated fairly by our legal system (such as legalizing reverse mortgages for coop owners and adjusting elements of the Housing Stability and tenant Protection Act to ensure that coops are inadvertently not put in a dangerous fiscal position). This year, ARC decided to honor our longtime former Congressman, Eliot Engel. Eliot has led a remarkable and dedicated career in service of our community, and I was proud to join him to celebrate. Pictured above, left to right, are Bill Weitz (former Chief of Staff to Congressman Engel), Michael Heller (community leader and ARC leader), myself, Council Member Eric Dinowitz, Congressman Eliot Engel, ARC President Stephen Budihas, and Pat Engel. We were also joined by Congressman Ritchie Torres.