State Needs to Supercharge Efforts to
Meet Renewable Electricity Goals

New York State will have to take multiple steps to increase renewable electricity generation in order to achieve the objectives of the Climate Leadership and Community Protection Act. Success will also require State agencies to consistently and proactively identify and address problems, continue streamlining permit and interconnection study procedures, and develop the necessary infrastructure to connect renewable projects to the grid and New Yorkers' homes, according to a report by State Comptroller DiNapoli.

“New York State has rightly pursued an aggressive campaign to reduce greenhouse gas emissions to limit the most dangerous impacts of climate change,” DiNapoli said. “New York’s energy goals are attainable, but they require careful attention and management to address challenges, meet ambitious deadlines and avoid future pitfalls.”

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Casinos’ Impact on Upstate Local Tax Revenues

From 2017 to 2022 New York’s four licensed casinos brought $176 million in gaming tax revenue to host and regional local governments, but only the three smaller towns that host casinos realized significant fiscal benefits relative to their overall revenue, a report from State Comptroller DiNapoli highlights.

“Casinos are not a magic fix that will solve local fiscal challenges,” DiNapoli said. “While casinos have generated local gaming tax revenue, the impacts vary for the communities that receive such revenues. It’s my hope that this report gives State and local officials a clearer perspective that can help potential host communities avoid the pitfalls that arise with misguided expectations about the public benefits of casinos. They are not a sure bet.”

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Local Sales Tax Collections Up 3% in Second Quarter

Local government sales tax collections in New York State totaled $5.7 billion in the second quarter of 2023 (April-June), an increase of 3%, or nearly $167 million, compared to the same period last year, according to a report released by State Comptroller DiNapoli. Collections were more robust in the first quarter of 2023, growing 7.1%.

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Audits 

• State Education Department
• Department of Health
• Metropolitan Transportation Authority
• State Board of Elections
• New York City Department of Buildings
• Division of Homeland Security and Emergency Services
• New York State Health Insurance Program

ALSO IN THE NEWS THIS WEEK

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• New York comptroller releases report detailing revenue impact of state's casinos
  
  
• State comptroller: Renewable energy needs to step up the pace
  
  
• New York State Comptroller Urges Swift End to Hollywood Strike, Warns of ‘Financial, Legal and Reputational Risks’
  
  
• NYC Sales Tax Collections Slow Down as Broadway, Retail Struggle
  
  

• Comptroller's office to help New Yorkers search for unclaimed funds

 X of the Week 
Tom DiNapoli @NYSComptroller 

Council Votes to Establish Permanent Outdoor Dining Program in New York City, Building on Previous Sidewalk Café Law and Emergency Pandemic-Era Program

 

Council also votes on legislation to protect New Yorkers against lead exposure, create Office of the Homeowner Advocate, support striking actors and writers’ fight for fair contracts, reduce barriers to building environmentally friendly homes, develop a map of bicycle infrastructure, and call for state law to eliminate legacy admissions preferences at colleges in New York

The New York City Council voted to establish a newly revised permanent outdoor dining program under local law that incorporates lessons from the emergency pandemic outdoor restaurants program. It helps make the permanent program accessible and inclusive to more restaurants, similar to the temporary emergency program, while addressing concerns with more orderly and uniform regulation. The program allows for year-round outdoor dining options: 12 months of sidewalk dining, similar to the pre-pandemic program, and for the first time will allow permanent roadway dining for the warmer 8 months of the year, from April through November. The legislation eases the application process and lowers the cost of participation for restaurants, compared to the pre-pandemic program. As legal authorization of the emergency open restaurants program was determined to be expired, the Council’s approval of the permanent program assures restaurants will be able to continue with outdoor dining uninterrupted.

In addition, the Council voted on legislation that  protects New Yorkers against lead contamination, creates the Office of the Homeowner Advocate, supports the Writers Guild of America (WGA) and Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) in calling for fair contracts, reduces barriers to building environmentally friendly homes, develops a map of bicycle infrastructure conditions, and calls for passage and enactment of State Law to prohibit legacy admissions preferences at colleges.

“During the COVID-19 pandemic, outdoor dining became a lifeline for small businesses and New Yorkers seeking socialization and normalcy,” said Speaker Adrienne Adams. “As we move from an emergency program to one under local law, this legislation strikes the right balance for restaurants, neighborhoods, and all New Yorkers. It allows a greater number of restaurants to continue participating, while easing the bureaucratic barriers, making the licensing costs affordable, and providing orderly and uniform regulations that were missing from the temporary program. This permanent program will serve and support our neighborhoods, restaurants, residents and city for years to come.”

Establishing a Permanent Outdoor Dining Program in New York City

Introduction 31-C, sponsored by Council Member Marjorie Velázquez, will establish a permanent outdoor dining program that incorporates benefits and lessons from the emergency pandemic-era outdoor dining program. The legislation will make it less bureaucratically prohibitive and more affordable for restaurants to participate in outdoor dining than the previous sidewalk café licensing scheme that existed before the COVID-19 pandemic. It will also create more orderly and uniform regulation of outdoor dining that provides reliable consistency for restaurants and neighborhoods alike.

Introduction 31-C will:

• Allow sidewalk cafés to operate year-round, and for the first time permanently allow roadway cafés to operate most of the year, specifically the warmer 8 months of April through November.
• Make the costs for restaurants to participate in the outdoor dining program more affordable and lower, compared to the pre-pandemic outdoor dining licensing and revocable consent process.
• Reduce the required processes and timelines for restaurants to receive approval from city agencies and entities.
• In conjunction with zoning changes approved by the Council in 2022, permit more neighborhoods and restaurants within them to be eligible for participation in outdoor dining than the previous pre-pandemic sidewalk café program.
• Allow restaurants to continue their outdoor dining operations, even after this local law takes effect, as long as they apply for a license and submit a petition for a revocable consent on or before the date set forth by the Department of Transportation (DOT), which cannot be less than three months after the rules go into effect.
• Establish DOT as the agency to administer licensing of both sidewalk and roadway cafes and enforce rules pertaining to their operation, in continued coordination with other city agencies.
• Sheds, or any structure that does not comply with rules set by DOT, must be taken down no later than 30 days after the determination by DOT to grant or deny a revocable consent to operate a sidewalk or roadway cafe, or by November 1, 2024, whichever comes first.  

“Outdoor dining helped buoy New York City’s economy during the COVID lockdowns, and has been embraced as a creative solution to address the post-pandemic economic crisis. We have spent the past year negotiating and modifying the bill to be as inclusive and equitable as possible, meeting the needs of the different types of restaurants and eateries across our city. This was not a one-size-fits-all bill, and that’s the beauty of it. I am proud to have advocated for our small businesses throughout this process and look forward to seeing them thrive,” said Council Member Marjorie Velázquez. “I would like to thank Mayor Adams and Speaker Adams for their support throughout this process; City Council’s Legislative Division for their dedication in drafting a bill that will meet the needs of all parties, delivering to New Yorkers by presenting legislation that makes outdoor dining a reality for all. Special thanks to Department of Transportation Commissioner Ydanis Rodriguez and his team for taking on this incredible project; my colleagues at the New York City Council for their sponsorship of this bill, and the countless advocates for being a part of this moment in history.”

Governor Hochul Announces Increased Weekday Subway Service

 

Second Phase of Subway Service Enhancements Included in State Budget Begin Monday, Increasing Frequency of Weekday C Service

 Governor Kathy Hochul today announced upcoming MTA subway service enhancements beginning Monday, August 7. The second phase of previously announced weekday service increases on the C line will increase frequency with midday trains arriving every eight minutes instead of every 10 minutes. About 800,000 riders are expected to benefit each weekday from the off-peak service enhancements made possible through increased funding in the FY 2024 New York State Budget.

“With more frequent subway service, New Yorkers can feel confident that there is no better way than the MTA to get where they need to go, even beyond traditional commuting hours,” Governor Hochul said. “Thanks to funding from the FY 2024 Budget, we are able to respond to riders’ needs and keep the city moving - above and below ground.”

MTA Chair and CEO Janno Lieber said, “HUGE thanks to Governor Hochul and the State Legislature for heeding the call for increase subway service to meet the needs of post-pandemic riders. Not everyone is a rush hour commuter, and more frequent subway service throughout the day – and night – will better connect New Yorkers to Broadway, to education, to all kinds of recreation, and to everything the City has to offer. With this funding from the State Budget, the MTA can get nearly a million riders to where they need to go faster.”

The planned subway service enhancements focus on off-peak periods where subway ridership has recovered the highest from its pre-pandemic baseline. Subway ridership overall continues to recover, with weekday paid ridership around 65% to 70% of the pre-COVID baseline. The latest trend shows 3.5 million riders on an average July weekday.

New York City Transit explored where additional off-peak service would have the most benefit, focusing primarily on lines with train frequencies of 10 to 12 minutes during off-peak hours. Planned work was taken into consideration when these enhancements were planned to ensure critical state of good repair work and capital work would not be affected.

The first phase of weekend service increases on the G, J, and M lines, increasing frequency on the three lines with trains arriving every 8 to 10 minutes instead of every 10 to 12 minutes, began on Sunday, July 2.

Six Genovese Organized Crime Family Defendants Sentenced For Racketeering

 

Damian Williams, the United States Attorney for the Southern District of New York, announced that Genovese Family Captains NICHOLAS CALISI and RALPH BALSAMO, Genovese Family Soldiers MICHAEL MESSINA and JOHN CAMPANELLA, and Genovese Family Associates MICHAEL POLI and THOMAS POLI were sentenced by U.S. District Judge John G. Koeltl following their earlier guilty pleas to racketeering conspiracy. 

U.S. Attorney Damian Williams said: “La Cosa Nostra and its various Families are criminal organizations that prey on the public.  These sentences demonstrate that those who seek to enrich themselves through allegiance to such organizations will face not only jail time but also real financial consequences.”

According to the Superseding Indictment, the defendants’ statements when pleading guilty, and statements made in related court filings and proceedings:

The Genovese Organized Crime Family is part of a nationwide criminal organization known by various names, including La Cosa Nostra (“LCN”) and the “Mafia,” which operates through entities known as “Families.”

Like other LCN Families, the Genovese Organized Crime Family operates through groups of individuals known as “crews.”  Each “crew” has as its leader a person known as a “Captain” and consists of “made” members, known as “Soldiers.”  Soldiers are aided in their criminal endeavors by other trusted individuals, known as “associates,” who sometimes are referred to as “connected” or identified as “with” a Soldier or other member of the Family.  Associates participate in the various activities of the crew and its members.  In order for an associate to become a made member of the Family, the associate typically needs to demonstrate the ability to generate income for the Family and/or that the associate is capable of committing acts of violence.

A Captain is responsible for supervising the criminal activities of his crew, resolving disputes between and among members of the Family, resolving disputes between members of the Family and members of other Families and other criminal organizations, and providing Soldiers and associates with support and protection.  In return, the Captain typically receives a share of the illegal earnings of each of his crew’s Soldiers and associates.

At times relevant to the charges in the Superseding Indictment, NICHOLAS CALISI and RALPH BALSAMO were Captains in the Genovese Family, MICHAEL MESSINA and JOHN CAMPANELLA were Soldiers in the Genovese Family, and MICHAEL POLI and THOMAS POLI were associates of the Genovese Family.

Members of the Genovese Family, including CALISI, BALSAMO, MESSINA, and CAMPANELLA, and associates MICHAEL POLI and THOMAS POLI, engaged in extortionate extensions of credit, financing extortionate extensions of credit, collecting extensions of credit by extortion, extortion, operating illegal gambling businesses, and the transmission of gambling information.

CALISI, 64, of Boca Raton, Florida, was sentenced principally to two years in prison, three years of supervised release, and ordered to forfeit $40,000.

BALSAMO, 52, of the Bronx, New York, was sentenced principally to 34 months in prison, three years of supervised release, and ordered to forfeit $20,000. 

MESSINA, 70, of New Fairfield, Connecticut, was sentenced principally to 18 months in prison, three years of supervised release, and ordered to forfeit $200,000.

CAMPANELLA, 48, of the Bronx, New York, was sentenced principally to 13 months in prison, three years of supervised release, and ordered to forfeit $40,000.

MICHAEL POLI, 38, of Hawthorne, New York, was sentenced principally to 31 months in prison, three years of supervised release, ordered to forfeit $175,000, and ordered to pay a $15,000 fine.

THOMAS POLI, 65, of the Bronx, New York, was sentenced principally to 22 months in prison, three years of supervised release, and ordered to forfeit $200,000.

Mr. Williams praised the outstanding investigative work of the Office of the New York Attorney General’s Organized Crime Task Force and the Kings County District Attorney’s Office and thanked the Federal Bureau of Investigation for its assistance in this investigation.