Wednesday, April 3, 2019

Assemblyman Marcos A. Crespo: 2019-20 State Budget Highlights




 Assemblyman Marcos A. Crespo (D-Bronx) announced that he helped pass a $175.5 billion 2019-20 state budget that builds on the historic progress that’s already been made this year and stays true to the Assembly Majority’s commitment to putting families first.

  “An unexpected budget deficit undoubtedly posed some challenges, but we didn’t let that stand in the way of crafting a budget that truly delivers for New Yorkers,” said Assemblyman Marcos A. Crespo“First and foremost, this budget cares for our most vulnerable and holds true on the Assembly Majority’s promise to create a fairer, more just state for all, where opportunity and success are not reserved only for the lucky few. For the student who goes to school hungry, to the commuter who’s tired of getting to work late because of unreliable service to the innocent New Yorker who’s unfairly sat in jail for far too long, we heard you and we’re looking out for you.”
 
Increasing Fairness in Our Criminal Justice System
 
The 2019-20 state budget includes sweeping criminal justice reforms to ensure New York treats all defendants fairly and equally.
 
“New York should be a place where everyone is treated equally,” Assemblyman Marcos A. Crespo said. “But our current criminal system is deeply flawed, perpetuating racial bias, putting the wealthy above the poor and leaving individuals who can’t afford bail behind bars for months or even years. No matter their circumstances, New Yorkers must be able to trust that the criminal justice system isn’t working against them every step of the way.”
 
To remedy this ongoing injustice, the final state budget eliminates cash bail for misdemeanors, excluding sex offense misdemeanors, and non-violent felonies, allowing individuals to be released on their own recognizance or under non-monetary conditions. Electronic monitoring will not be available for most misdemeanors, but can be ordered as a condition of release, following a hearing, for felonies, domestic violence misdemeanors, sex offense misdemeanors or a misdemeanor where the defendant had a violent felony conviction within the past five years.
 
Under the legislation, a cash bail option will be retained for sex offense misdemeanors and most violent felony offenses, excluding felonies classified as “violent” but which do not actually have a violent component, such as second-degree robbery or burglary.
 
Additionally, the legislation will require police officers to issue desk appearance tickets in lieu of making a custodial arrest for most misdemeanors and Class E felonies. Further, the court will be required to consider the defendant’s financial resources, ability to post bail without undue hardship and set at least three alternative bail or bond methods.
 
The budget also secures:
  • Reforming the discovery process
  • Ensuring the right to a speedy trial
  • Advocating for fairness and equality

The budget also works to protect immigrants from automatic deportation by lowering the maximum sentence for those charged with Class A misdemeanors from 365 to 364 days. The one-day sentence reduction avoids triggering deportation proceedings, which happen with a sentence of one year or longer.
 
“By picking and choosing who gets equal protection in a court of law, we’re saying to the rest of the world that justice is not really blind in New York State,” Assemblyman Marcos A. Crespo said. “No matter their situation or circumstance, everyone must be treated with fairness and given the proper resources they need to defend themselves and navigate the legal system.”
 
Education
 
The 2019-20 state budget continues the Assembly’s commitment to expanding opportunity for our youngest New Yorkers by increasing funding for public schools by $1 billion over last year and putting a college degree within reach for more students.
 
“Our kids need to know that we always have their backs, and a crucial part of that is providing them with stronger schools and a well-rounded education,” said Assemblyman Marcos A. Crespo. “They’re relying on us to prepare them for the future. That’s why I fought for a state budget that helps make sure a student is never defined by their ZIP code, income or the color of their skin, but rather by the motivation they show, the creativity that inspires them and the hard work they put in.”
 
The state budget provides a total of $27.8 billion in education funding, an increase of $1 billion – or 3.7 percent – over last year. This includes a $618 million increase in Foundation Aid for a total of $18.4 billion. The budget also rejects the executive’s proposal to require certain districts to distribute a percentage of their Foundation Aid increase to specific schools and instead requires those districts to report to the commissioner of education on how they are prioritizing underfunded high-need schools. Further, $30 million of uncollected lottery winnings is earmarked for public schools, and districts are authorized to create a reserve fund to finance contributions to the New York State Teachers’ Retirement System. And to help more kids get started on the right foot, the spending plan also includes a $15 million increase in funding for grants for prekindergarten, for a total of $822 million.
 
The plan also rejects the executive proposal to consolidate 11 expense-based aids, including BOCES aid, special services aid and transportation aid, and allows them to be reimbursed at their present levels.
 
To ensure local school districts can adopt teacher and principal evaluation systems best suited to their students’ needs, the budget includes legislation removing the mandate that state-created or administered assessments be used for evaluations. The Assembly has led the way on this issue, spearheading the measure last year and passing it again earlier this year. Assemblyman Marcos A. Crespo noted that this will help allow teachers to craft lesson plans that are most effective for their students rather than following a cookie-cutter approach that could leave some of our young learners behind.
 
Opening Doors to Higher Education
 
 “Our commitment to New York’s students doesn’t end when they walk across the stage at their high school graduation,” said Assemblyman Marcos A. Crespo. “The next part of their life is just beginning, and each and every one of them deserves the chance to go to college. That’s why we’ve worked so hard to make it affordable for every family – because college should be for all, not just the privileged and wealthy.”
 
The budget continues the Excelsior Scholarship, which was established in 2017 and makes SUNY and CUNY schools tuition-free for eligible New Yorkers. The income eligibility threshold increases this year to $125,000. Students who attend a private college in New York and have a family income of less than $125,000 this year would also be eligible for a scholarship award of $6,000.
 
Earlier this year, both the Assembly and Senate passed the Jose Peralta New York State DREAM Act to help the children of immigrants achieve their college dreams. The budget includes $27 million to implement the law and fund TAP awards for eligible “Dreamers.” 
 
“They may not have been born here, but ‘Dreamers’ are New Yorkers,” said Assemblyman Marcos A. Crespo. “The DREAM Act breaks down barriers to ensure all students – regardless of immigration status – are able to pursue a college degree and have the same opportunities to succeed.”
 
Strengthening Public and Community Colleges
 
The 2019-20 state budget also invests in SUNY and CUNY schools, as well as community colleges across the state. The plan:
 
  • allocates $12.1 million to SUNY, and $6.1 million to CUNY, to increase community college base aid by $100 per full-time equivalent (FTE) student, bringing the total rate to $2,947;
  • provides $6 million more for Educational Opportunity Centers (EOCs), for a total of $61 million;
  • restores $2.5 million in funding for the CUNY Accelerated Study in Associate Programs (ASAP);
  • provides $1.1 million to SUNY and $902,000 for CUNY for Child Care Centers; and
  • restores $1 million to Advanced Technology Training and Information Networking (ATTAIN) labs for a total of $5.5 million.
 
The budget also allows SUNY and CUNY schools to reduce or waive tuition for high school students enrolled in college courses, supporting those who want to get a head start on the journey to a college degree.
 
Additionally, the budget:
  • restores $4.5 million for the Foster Youth College Success Initiative to support foster students on their path to higher education;
  • restores $1.5 million for the CUNY School of Labor and Urban Studies, formerly known as the Joseph S. Murphy Institute;
  • restores $700,000 for Small Business Development Centers, which offer business counseling and entrepreneurial training;
  • restores $600,000 for Graduate Diversity Fellowships;
  • restores $500,000 for mental health services and telecounseling at SUNY;
  • provides $200,000 for the SUNY Institute for Leadership and Diversity and Inclusion;
  • provides $150,000 for the Hispanic Leadership Institute at SUNY; and
  • allocates $100,000 to the Center for Women in Government.

Supporting College Opportunity Programs 
 
The Assembly Majority has long recognized how invaluable college opportunity programs are to ensuring disadvantaged New Yorkers are given a fair chance to pursue higher education. This year’s state budget restores $23.8 million to these programs, providing:
 
  • $35.5 million for the Higher Education Opportunity Program (HEOP);
  • $32.2 million for the Educational Opportunity Program (EOP);
  • $28.1 million for Search for Education, Elevation and Knowledge (SEEK);
  • $18.4 million for Liberty Partnerships;
  • $15.8 million for the Science and Technology Entry Program (STEP);
  • $11.9 million for the Collegiate Science and Technology Entry Program (C-STEP); and
  • $1.3 million for College Discovery.
 
“College opportunity programs give disadvantaged New Yorkers hope for a successful future,” said Assemblyman Marcos A. Crespo. “They provide promising, hardworking students the tools and resources needed to pursue their college dreams.”
 
Ensuring Accurate Count in 2020 Census
           
“The 2020 Census will have major implications on the future of our state,” said Assemblyman Marcos A. Crespo. “Each person not counted costs New York thousands of dollars in federal aid, putting the funding we need to maintain our hospitals, schools and transportation infrastructure at risk, as well as the size of our congressional representation. We need to ensure every person is counted – there’s too much at stake.”
 
While hurdles are already being put in place by the federal government to make it harder for certain communities to participate in the census – including a proposed citizenship question – the Assembly is taking steps to combat this thinly veiled power grab. To that end, the 2019-20 state budget includes $20 million to promote the census and to assist with funding for local outreach efforts. Neighborhood organizations not only know their communities best, but their members are trusted and will be better able to motivate people to participate, noted Assemblyman Marcos A. Crespo.
           
The budget also ensures public libraries are getting the funding they need since they’re going to play a major role in the census, which is being offered online for the first time. The Census Bureau is aiming to receive half of its 2020 submissions online, but this can be a real problem for lower-income households and communities with limited internet access. Libraries bridge this divide. Not only are they the primary channel of internet access for many, but public libraries across the state are hosting programs and setting up census stations to inform communities about the importance of the census and how to participate.
 
“The census helps determine the path of our nation, state and communities,” said Assemblyman Marcos A. Crespo. “We will continue doing everything we can to protect its integrity and ensure every New Yorker is counted.”
 
Protecting Tenants and Ensuring Safe, Affordable Housing
 
“As the cost of living continues to outpace wage growth, we must ensure our families aren’t priced out of the communities they helped build,” said Assemblyman Marcos A. Crespo. “Our budget makes critical investments to protect and expand affordable housing statewide for homeowners and tenants alike and helps ensure every New Yorker has a safe, affordable place to call home.”
 
The budget includes $402.14 million for housing, including restoring $12.83 million for Neighborhood Preservation Programs and $5.36 million for Rural Preservation Programs, which help community-based not-for-profits provide safe, healthy and affordable housing throughout the state.
 
To improve the administration of the STAR tax exemption/credit and make data collection more efficient in manufactured homes parks, the budget will allow park owners to report to the Commissioner of Tax and Finance instead of to Homes and Community Renewal (HCR). Tax and Finance must send the report to HCR within 30 days, and HCR must report annually to the public on data to increase transparency and maintain proper oversight of the parks, as well as determine the best steps to protect tenants.
 
The budget also includes an $8 million increase for HCR’s Office of Rent Administration – which helps enforce rent regulations and protect tenants from landlord harassment – as well as $5.5 million for its Tenant Protection Unit.
 
Supporting Homeowners and Seniors
 
To help more New Yorkers remain in their homes, the state budget provides $20 million for the Communities First program to fund foreclosure prevention assistance. It also requires lenders to provide 90 days’ notice to homeowners facing foreclosure and makes settlement conferences mandatory. 
 
The budget includes a $15 million increase for Expanded In-home Services Program (EISEP), which offers non-medical in-home services such as personal care and housekeeping, for a total of $65.1 million. To help more seniors remain in the communities they helped build, the budget increases the maximum amount the state can provide a Naturally Occurring Retirement Community (NORC) from $200,000 to $300,000. 
 
“Seniors helped make New York the vibrant and diverse state that it is today, and it’s our responsibility to support them as they age,” said Assemblyman Marcos A. Crespo. “The budget expands access to critical services to ensure seniors can remain in their homes, surrounded by family and friends, for as long as possible.”
 
Expanding Access to Child Care, Protecting At-Risk Youth
 
To ensure more New Yorkers have access to quality child care they can afford, the budget allocates $832 million for child care subsidies – an increase of $26 million over last year’s final budget. The budget also includes $334,000 to support SUNY and CUNY child care. The budget also creates the New York State Employer-Provided Child Care Credit, which is equal to 100 percent of the federal credit, for employers who provide child and dependent care facilities to their employees.
 
Further, the budget restores funding for programs that help young people – regardless of family or financial background – achieve success, including:
 
  • over $33 million for the Advantage After School Program, which provides structured activities for kids to help them succeed academically, including $10.8 million to support minimum wage increases and $5 million for additional services;
  • million for Safe Harbour to help support victims of childhood sexual abuse overcome the unspeakable trauma they have suffered;
  • $2.45 million for settlement houses, which provide educational, recreational and other social services to the community;
  • million for Kinship Cares and $100,000 for Kinship Navigator, which provides a support system for relative and non-relative kinship caregivers; and
  • $1.5 million for the Youth Development Program, which builds relationships between children and their communities.
 
“The saying goes that children are our future, but the truth is, it’s what we do in the present that molds them down the line,”Assemblyman Marcos A. Crespo said. “When we give kids opportunities and support, we’re giving them a chance to rise above their circumstances. No child should have to face hardship, but the sad reality is that far too many do. We can’t just reach out a hand – we need to lift these kids up onto our shoulders so they can see past now and dream about tomorrow.”
 
To ensure continued eligibility for federal child care funding, the budget includes language to enact various provisions of law required to comply with the health, safety and training standards contained in the federal reauthorization of the Child Care and Development Block Grant of 2014. In addition to provisions related to compliance, language was also included to provide due process for individuals newly required to receive state and federal background checks under the federal reauthorization.
 
Further, the budget limits the circumstances under which detention and placement of youth alleged or adjudicated to be persons in need of supervision (PINS) in foster care agencies is allowed and restores state reimbursements to local social services districts for preventive services available to PINS. 
           
Combating Addiction 
 
To help address the ongoing opioid crisis that continues to devastate communities across the state, the budget allocates an additional $1 million to expand jail-based substance use disorder services in county jails for a total of $4.75 million. It also restores $2 million for New York City’s Substance Abuse Prevention and Intervention Specialists (SAPIS) program, which provides a host of support services for school-aged children.
 
“Substance use disorder is a serious and life-threatening issue that breaks families apart, leaves communities in pieces and steals lives too soon,” said Assemblyman Marcos A. Crespo. “Addiction is not a character flaw, or a struggle reserved for a certain subset of people – it’s a disease that spans the spectrum of people we know and those we’ve never met. This disease doesn’t discriminate, and we can’t afford to discriminate against the people it affects. The sooner we recognize this, the sooner we can help those struggling get onto the road to recovery and protect more New Yorkers from addiction’s deadly grasp.”
 
The budget also creates a new credit for employers of up to $2,000 for each person hired who is in recovery from a substance use disorder.
 
Supporting Working New Yorkers
 
            The budget restores funding to several labor programs, including:
  • $1.62 million to the Displaced Homemakers Program, which provides career and job search assistance to unemployed and underemployed New Yorkers who previously provided unpaid services for their families;
  • $350,000 for the New York Committee for Occupational Safety and Health (NYCOSH), a coalition of labor groups and safety professionals dedicated to reducing workplace injury;
  • $150,000 for the Sexual Harassment Prevention Program at the Cornell School of Industrial Labor Relations; and
  • $50,000 for the Criminal Records Discrimination Program at Cornell University.

To provide more workers with on-the-job experience and training, the budget expands the Employee Training Incentive Program (ETIP) Credit for New York businesses by including in-house training, software development and renewable or clean energy internships as part of eligible training activities. The budget also extends the Workers with Disabilities Tax Credit until 2023 for those employing individuals with developmental disabilities.
 
The Historic Rehabilitation Credit, which encourages job creation in the trades, is also expanded to qualified rehabilitation projects within state parks and historic sites and other state-owned land.  
 
Investing in Job Creation Across the State
 
The budget provides over $900 million for economic development programs and approximately $750 million for the ninth round of REDC awards to fuel economic growth across the state. To better spur technological advancement and foster collaboration between institutions of higher learning and the private sector, the budget allocates $11 million for Centers of Excellence, an increase of $1.4 million over the executive budget proposal. It also provides $609,000 in additional support to Technology Development Organization Matching grants, for a total of $2 million.
 
Small businesses are the foundation of the state’s economy, providing jobs to approximately 4 million New Yorkers. To help these critical economic engines thrive, the budget allocates an additional $150,000 for Community Development Financial Institutions (CDFIs), for a total of $1.65 million. It also provides an additional $365,000 for the Minority- and Women-Owned Business (MWBE) Development and Lending Program, for a total of $1 million.
 
Making the Property Tax Cap Permanent, Keeping Taxes in Check

The 2019-20 state budget makes the 2 percent property tax cap permanent, limiting the annual growth of local property taxes to 2 percent or the rate of inflation, whichever is lower. Implemented in 2012, the tax cap has saved New York property taxpayers $24.4 billion statewide. Making it permanent will provide taxpayers with predictable tax bills from year to year and guard against skyrocketing double-digit hikes, Assemblyman Marcos A. Crespo noted. The 2 percent property tax cap was set to expire next year. The budget also continues the phase in of middle-class tax cuts.

 “We drew a line in the sand with the cap so that families wouldn’t be priced out of their homes and to make our state more business friendly,” said Assemblyman Marcos A. Crespo. “The cap makes New York more affordable, helps seniors stay in their homes and has saved homeowners thousands of dollars.”

Extending the Millionaires Tax, raising funds for MTA repairs 
 
The 2019-20 state budget extends the millionaires tax by five years to continue funding important programs that New Yorkers rely on and ensure everyone is paying their fair share. It also implements a progressive and supplemental mansion tax starting on properties valued at more than $2 million at an additional 0.25 percent and ending at a top rate of 2.9 percent for properties in excess of $25 million. The mansion tax is projected to raise $243 million. Additionally, the budget creates a supplemental Real Estate Transfer Tax of 0.25 percent for residences above $3 million and commercial properties over $2 million to raise $122 million. Together they will raise $365 million in financing for the Metropolitan Transportation Authority (MTA) capital lockbox. The budget also allocates $232 million from internet sales tax revenues to the MTA.
 
Funding Early Voting 

To help ensure every New Yorker has an opportunity to participate in our democracy, the Assembly passed a law establishing early voting during a nine-day period before any general, primary, run-off primary or special election to make voting more accessible (Ch. 6 of 2019). To offset the costs of additional poll hours for financially strained local governments, the final state budget earmarks $10 million for localities. The budget also makes primary voting hours consistent across the state, requiring all counties to have polling sites open from 6 a.m. to 9 p.m. This measure addresses a discrepancy that saw most upstate counties provide six fewer hours to vote on primary day than downstate. The budget also includes legislation ensuring that workers receive three hours of paid time off on Election Day.
“Giving New Yorkers more flexibility and time to cast their votes should boost participation in our elections,” Assemblyman Marcos A. Crespo said. “Voting should be an easy and convenient process. No one should have to jump through hoops to vote or miss out on the opportunity to make their voice heard on vital issues that will impact their life.”
 
Modernizing Our Voting System 

The state budget enacts an electronic voter registration system through which voters can register and have their application submitted to the appropriate local board of elections online. The state budget also authorizes the use of electronic poll books to administer elections and provides $14.7 million in capital funding for counties to purchase e-poll books and on-demand ballot printers to support the implementation of early voting. Most states and the District of Columbia already use e-poll books, which can reduce crowding at polling sites and get voters in and out much faster, Assemblyman Marcos A. Crespo noted.

Making Progress Toward Public Financing 
 
The state budget also establishes a commission that will examine, evaluate and make recommendations regarding a public campaign financing system in New York. The commission’s findings are to be reported by Dec. 1, 2019, and will be binding unless modified by law within 20 days. The budget also prohibits lobbyists, political action committees, labor unions and independent expenditure committees from making loans to candidates for political office.
 
Getting the Subways Back on Track and Clearing the Roads
 
“If you’ve ever stepped foot on a subway, you know our transit system is a train wreck,” said Assemblyman Marcos A. Crespo. “Any straphanger can tell you that delays and rerouted trains are the rule, not the exception. Fares skyrocket with seemingly nothing to show for it. We need to fix our public transportation so New Yorkers can keep moving forward, instead of getting stalled at every junction.”
 
To raise funds for the Metropolitan Transportation Authority (MTA) and make critical improvements to public transportation, the budget creates the first congestion tolling program in the country. The congestion pricing zone includes 60th Street and south in Manhattan – excluding FDR Drive and West Side Highway – and spans New York City’s Central Business District. The Triborough Bridge and Tunnel Authority (TBTA) will oversee the program’s creation and operation, working closely with the New York City Department of Transportation. The Assembly fought to ensure that the TBTA would oversee the program – pursuant to a memorandum of understanding with the City of New York – rejecting an executive proposal that would have bypassed local input. Electronic tolling devices would be installed on the perimeter of the Central Business District, with dynamic pricing for tolls. Passenger vehicles would be charged only once per day.
 
The TBTA will establish a six-member Traffic Mobility Review Board to recommend the price of the tolls and the value of any exemptions or credits. To allow ample time for installation and public input – including public hearings – the program would not go into effect before Dec. 31, 2020. This tolling program is expected to raise $15 billion, which the budget ensures goes entirely toward the MTA capital budget and is prohibited from being used for non-capital spending. 
 
To determine the needs of the MTA and see that the funding is used strategically, the budget takes several steps to improve oversight. This includes requiring the MTA to develop a reorganization plan by June and undergo an independent forensic audit and efficiency review. The budget also modifies MTA Board appointments to align with the appointing authority, creates a unit made up of independent experts to review major projects, increases the competitive procurement threshold from $100,000 to $1 million and establishes a 30-day review notice for comptroller contract approval. And, to increase transparency, the budget also requires public reporting on MTA performance metrics.
 
Further, the budget would require any Capital Program Review Board member who does not approve of the MTA capital plan to issue a written explanation for their veto. To save both time and money, the budget also allows the MTA to disqualify any contractor that exceeds 10 percent of the contract cost or time on a capital construction project and any MTA capital project over $25 million will be required to use design-build, unless such use would be inefficient or costly.
 
To supplement funding for the MTA and ensure the wealthy pay their fair share, the budget implements a progressive and supplemental mansion tax starting on properties valued at more than $2 million at an additional 0.25 percent and ending at a top rate of 2.9 percent for properties in excess of $25 million. The mansion tax is projected to raise $243 million. Additionally, the budget creates a supplemental Real Estate Transfer Tax of 0.25 percent for residences above $3 million and commercial properties over $2 million to raise $122 million. Together they will raise $365 million for the MTA capital lockbox. The budget also allocates $232 million from internet sales tax revenues to the MTA.
 
Helping our Veterans Get Ahead
 
While the brave men and women who fought for our country have a vast array of skills and invaluable experiences, there are times where they may need assistance when they come home. The 2019-20 budget honors the immense sacrifices made by our veterans by restoring more than $1.6 million to various programs that will help these heroes begin new chapters of their lives. These vital programs help veterans use their diverse skills to find gainful employment, connect them to needed resources and provide legal and other services to low-income active-duty members so that veterans and their families are supported in their transition back to civilian life.
           
The funding includes:
  • $500,000 for the NYS Defenders’ Association;
  • $200,000 for Helmets to Hardhats;
  • $200,000 for Clear Path for Veterans;
  • $125,000 for Veterans of Foreign Wars; and
  • $100,000 for the SAGE Veterans Project.
           
Additionally, the budget changes the name of the state Division of Veterans’ Affairs to the Division of Veterans’ Services to avoid confusion with the federal department and includes $1.38 million to allow it to fully fund county and city service agencies. It also earmarks $4 million for the Joseph P. Dwyer Peer Support Project, a peer-to-peer program that helps veterans who have returned home and are facing the challenges of post-traumatic stress disorder (PTSD) and Traumatic Brain Injury (TBI).
 
“Those who put their lives at risk to serve us deserve all the support they need to reintegrate when they come home,” said Assemblyman Marcos A. Crespo. “We owe it to them to extend a helping hand so that they don’t have to worry about where their next paycheck will be coming from or how they will feed their families.”
 
Banning Plastic Bags
 
The widespread use of single-use plastic bags is wasteful, unnecessary and puts our marine life and our environment at risk. They also take decades to decompose. New York State has been a strong leader in fighting the very real and present threat of climate change, and tackling the scourge of plastic bags is another step the Assembly is taking in protecting our environment.
 
To clean up our neighborhoods and waterways, the 2019-20 state budget implements a statewide ban on single-use plastic bags given out by grocery stores and other retailers. The proposal also authorizes counties and cities to impose a 5-cent fee on paper carryout bags, with 40 percent of the fee going back to the municipalities to help distribute reusable bags and 60 percent going toward the Environmental Protection Fund. Low-income New Yorkers who qualify for Supplemental Nutrition Assistance Program (SNAP) or Special Supplemental Nutrition Program for Women, Infants and Children (WIC) services will be exempt from the paper bag surcharge.
 
“It’s up to us to undo years of damage from pollution so that our children, grandchildren and great-grandchildren have clean water to drink, healthy air to breathe and fertile land to use,” said Assemblyman Marcos A. Crespo. “This legislation is a strong step in the right direction. I’ll always work to implement policy that protects our natural resources and wildlife now, and for generations to come.”
 
Protecting the Environment
 
New York is not only home to some of the country’s most beautiful landmarks that we can explore and enjoy, but also natural resources that help our communities and boost our economy. To help keep our environment vibrant and healthy, the final budget renews a record $300 million for the Environmental Protection Fund (EPF), the highest level of funding in the program’s history.
 
Additionally, the final budget removes personal service language from the EPF that was included in the executive budget. This proposal would have resulted in the loss of $18.5 million for environmental projects in neighborhoods across the state in order to pay for state agency staff.
 
To ensure all New Yorkers have access to clean drinking water, the 2019-20 state budget builds on the state’s historic $2.5 billion investment in clean water, including an additional $500 million in funding for the Clean Water Infrastructure Act.
 
Among the water infrastructure initiatives funded in the 2019-20 state budget are:
  • $200 million for the Water Infrastructure Improvement Act (WIIA) to address emerging contaminants;
  • $50 million for the replacement of lead drinking water service lines;
  • $40 million for Water Quality Improvement Projects;
  • $25 million for the Intermunicipal Water Infrastructure grant program;
  • $25 million for land acquisition for source water protection; and
  • $10 million for upgrades and replacements of septic systems and cesspools.

Additionally, to cut down on food waste, the budget requires large-scale food scrap generators to separate as much edible food as possible for donation, and separate food scraps for organic recycling if they are within 25 miles of an organics recycler, exempting hospitals, nursing homes, adult care facilities and elementary and secondary schools. The budget also encourages the use of clean and alternative energy by providing $23 million for clean energy tax credits.
 
“Cleaning up our water, land and air is an absolute priority,” said Assemblyman Marcos A. Crespo. “We owe it to our kids and future generations to tackle the consequences of decades of irresponsible environmental practices. This budget takes our health and the health of the planet seriously, because we can no longer afford to ignore it.”
 

Tuesday, April 2, 2019

Governor Cuomo on the FY 2020 Budget: We Got it Done!


   "This is probably the broadest, most sweeping state plan that we have done. There are a number of national firsts and it really grapples with the tough issues that have been facing this state for a long time. And we've done a lot of good work in this state, a lot of good work that has informed the nation and I think this budget is probably the strongest progressive statement that we've made and actually addresses many of the difficult, difficult issues that we are facing today."

The FY 2020 Budget Fights Back Against Washington's Assault on the Middle Class - Makes the Property Tax Cap Permanent, Limits Spending to 2% and Cuts Taxes for the Middle Class

Supports Reform of the MTA with Long-Term Revenue Streams Including Central Business District Tolling

Funds Capital Projects to Begin in FY 2020 as Part of the Governor's Unprecedented $150 Billion Investment to Support Infrastructure Projects Across the State

Increases School Aid by Over $1 Billion, Bringing Total School Aid to $27.9 Billion, and Promotes Education Equity by Prioritizing Funding for Poorer Schools

Enacts Key Criminal Justice Reform by Eliminating Cash Bail, Restoring Speedy Trials and Transforming the Discovery Process

Strengthens Women's Agenda Initiatives by Improving Access to IVF and Egg-Freezing Services, Instituting a Rape Shield for Sex Trafficking Victims and Investing in Initiatives to Combat Maternal Mortality

Codifies Affordable Care Act Provisions, Including the State's Health Insurance Marketplace, Into State Law

Statement from Governor Andrew M. Cuomo on Raising the Minimum Sales Age for Tobacco from 18 to 21


  "This year I proposed raising the minimum age for tobacco sales to 21 to help stamp out teen smoking and protect New Yorkers. The lifelong health effects of tobacco cannot be overstated and in New York we are committed to doing everything in our power to keep tobacco products out of the hands of young people. I commend the Assembly and now the Senate, including Senator Diane Savino and Assembly Member Linda Rosenthal, for joining us in this effort, and I look forward to signing this lifesaving legislation."

DOI ISSUES FIFTH ANNUAL REPORT ON CALENDAR YEAR 2018 INVESTIGATIONS BY ITS OFFICE OF THE INSPECTOR GENERAL FOR THE NEW YORK CITY POLICE DEPARTMENT


  The Department of Investigation’s (“DOI”) Office of the Inspector General for the New York City Police Department (“OIG-NYPD”) today released its Fifth Annual Report on investigations and recommendations made in Calendar Year 2018 to the New York City Police Department (“NYPD”). In addition, the Report updates the status of recommendations made previously that have not been fully adopted by NYPD. The City Charter requires an annual report be produced each year on or before April 1. In 2018, DOI issued three reports containing 42 recommendations to improve NYPD policies, procedures, and accountability. To date, NYPD has accepted, partially implemented, or implemented more than half, or 55 percent, of these 42 recommendations. In total, approximately 74 percent of DOI’s 145 recommendations, spanning 13 investigative reports issued since 2015, have been accepted, partially implemented, or implemented by NYPD. 

 A copy of the Report is attached to this release and can be found at the following link: http://www1.nyc.gov/site/doi/newsroom/public-reports.page 

 DOI Commissioner Margaret Garnett said, “In 2018, DOI’s Inspector General for the NYPD released three significant reports focusing on NYPD’s Special Victims Division, the use of force by officers, and ways that NYPD can make better use of litigation data. By shining a light on NYPD’s progress towards implementing these recommendations, as well as those of prior years’ reports, this annual report enhances police accountability in New York City.” 

 Inspector General Philip K. Eure said, “Tracking NYPD’s implementation of our recommendations is vital to sustaining reform. Going forward, we will continue to build upon our mission to increase public safety, protect civil rights, and increase the public’s confidence in the police force by conducting investigations and making recommendations aimed at improving NYPD.” 

 The findings and recommendations of Calendar Year 2018 were published in the following reports: 

• An Investigation of NYPD’s New Force Reporting System: After OIG-NYPD’s initial 2015 Report on NYPD use of force, NYPD overhauled its force reporting system. OIG-NYPD investigated this new force-reporting system and found both successes as well as room for improvement. The Report revealed that while NYPD has made notable improvements in certain aspects of use-of-force reporting, officers are still not properly documenting all reportable use-of-force incidents, including an under-reporting of force incidents in arrest reports. The Report recommended changes to NYPD’s policies and infrastructure for collecting force data, and called on NYPD to make public more data about force incidents. 

• An Investigation of NYPD’s Special Victims Division—Adult Sex Crimes: OIG-NYPD conducted a comprehensive investigation of the NYPD’s Special Victims Division, with a particular focus on the adult sex crime units in each of the five boroughs. OIG-NYPD’s investigation found that all five of the adult sex crime units were deeply understaffed. While the Report found that the professionals of SVD are dedicated and hard-working, the investigation concluded that the Department needed to do more to bring in and retain experienced detectives at SVD. The Report also highlighted the critical need for adequate training of new SVD recruits. .  

• Ongoing Examination of Litigation Data Involving NYPD: In 2017, the New York City Council passed legislation (Local Law No. 166 of 2017) requiring OIG-NYPD to collect, evaluate, and report on information concerning improper police conduct through the analysis of claims and lawsuits filed against NYPD. For this Report, OIG-NYPD conducted its own analysis of claims and lawsuits filed against officers in six NYPD precincts to illustrate the types of patterns and trends NYPD could be studying if its systems were more robust. For example, the data from the six precincts showed upward and downward spikes in specific types of claims (e.g., use of force and false arrests). By interpreting this data, NYPD can furnish precinct commanders with useful guidance that could lead to improvements in training, supervisory controls, and other operations. OIG-NYPD’s Report also documented NYPD’s current efforts to review and analyze litigation data, including how such information could inform NYPD’s early intervention system for at-risk officers.

 This Annual Report also provides updates on the 103 recommendations issued across ten reports from 2015 through 2017. Those reports can be found here.

 A chart breaking out NYPD’s implementation status for all 145 recommendations can be found on page two in the Report. OIG-NYPD will continue to monitor the implementation status of these recommendations and issue follow-up reports as necessary.


NYPD Announces 60-Day Update on Disciplinary System Reforms


Improvements to Disciplinary System Include Stronger Penalties for Domestic Violence
Commissioner James P. O'Neill today announced an update to reforms of the NYPD disciplinary system. In June 2018, Commissioner O'Neill convened an Independent Panel comprised of former Chair of the U.S. Securities and Exchange Commission Mary Jo White, U.S. Attorney Robert Capers, and former federal judge Barbara Jones. The panel performed an autonomous, exhaustive review of NYPD discipline policies and made recommendations to improve it. On February 1, Commissioner O'Neill accepted the panel's 13 recommendations and pledged to implement five of the recommendations within 60 days. He also appointed an Implementation Group comprised of NYPD executives and chaired by First Deputy Commissioner Benjamin B. Tucker to lead this critical work.
The five short-term recommendations include:
  • Recommendation #1: Support amendments to 50-a
  • Recommendation #2: Guard against expansion of the scope of 50-a
  • Recommendation #3: Enhance public reporting in line with other agencies
  • Recommendation #4: Publish trial room calendars
  • Recommendation #6: Enhance variance reporting when penalty differs from recommendation
"Sixty days out from the panel's report, the NYPD continues to make significant progress in all areas. It's vital that we keep making our way forward, while always balancing it with the privacy and the safety of our police officers. All of this is an important step toward even greater transparency, and it is a crucial way to continue building trust and strengthening relationships across the city,” said Police Commissioner James P. O'Neill.
In addition to the five recommendations that the Commissioner pledged to implement within 60-days, starting April 1st, the Department is adopting the recommendations from the Commission to Combat Police Corruption and the Independent Panel for discipline regarding domestic violence, which includes stronger penalties for offenders. Now, the first time, presumptive penalties have been established for members of service found guilty by the department of committing an act of physical domestic violence.
The strengthened domestic violence penalties include:
  • Addition of the presumptive penalty of dismissal probation for first-time offenders, in which violators lose civil service rights and now have one year to demonstrate commitment to rehabilitation by attending counseling, submitting to monthly evaluations, and following all department policies, or face outright dismissal.
  • The presumptive penalty for second-time offenders and/or members of service that have been legally convicted of a domestic violence crime is now termination.
  • Increase in potential penalty days that an offender can receive for acts of domestic violence based on the aggravating circumstances, like the presence of children during the incident.
The NYPD takes every instance of alleged domestic violence seriously, and the adoption of these recommendations will guide the Police Commissioner, who, as endorsed by the Panel, retains final disciplinary decision-making.
The domestic violence policy is currently being finalized, and will be made public when it is complete.
Below is a status update of the recommendations:
#RecommendationUpdate
1The Department should support amendments to 50-a to increase transparency and enhance accountability.NYPD leadership has voiced unequivocal support for 50-a reform in a number of forums. Read an op-ed from the Police Commissioner here. The Department will continue to engage members of the legislature in Albany.
2The NYPD must guard against unwarranted expansion of the scope of 50-a.For FOIL requests since March, the Legal Bureau no longer asserts 50-a as a basis for non-disclosure of body-camera footage, arrest reports, and other routine police reports completed in connection with an arrest.
3The NYPD should also enhance its public reporting in line with that of other agencies.NYPD newly created and published 2016 and 2017 reports as of April 1. These reports include never-before-published aggregate discipline information, within the limitations of 50-a. The 2018 report will be posted in May 2019 and on an annual basis thereafter.
4Publish trial room calendars.As of March 4th, the Trial Room Calendar is posted online the first Monday of every month.
5The Department should appoint a Civilian Liaison.The Department is establishing the Civilian Liaison position and will appoint by Fall 2019.
6The Police Commissioner should enhance the documentation of variances from disciplinary recommendations.Beginning in mid-March, enhanced variance memoranda are now prepared for any discipline decision that deviates from DAO, DCT, or CCRB recommendation.
7The NYPD should adopt protocols to insulate decision makers from external pressures and minimize the appearance of inappropriate influence over the disciplinary process.NYPD is developing a protocol and recusal policy and is on track to publish this new policy publically and train relevant members of service by Fall 2019.
8The Department should study and consider adopting a disciplinary matrix.The Department should study and consider adopting a disciplinary matrix
9The Department should take measures to expedite disciplinary adjudications.The NYPD is increasing personnel to handle case-load and identified fast-tracks for lower-level offenses, saving as much as three months in those cases.
10The Department should strengthen enforcement of false statement disciplinary policies.New false statement enforcement policy will be in place by Summer 2019.
11The Department should adopt presumptive penalties in domestic violence cases as recommended by CCPC.The NYPD is adopting presumptive penalties for physical acts of domestic violence as of April 1st, 2019 and is launching new mandatory training and an employee awareness campaign for all members of service in May 2019.
12The Department should upgrade and integrate its Case Management System.The NYPD is developing technology solutions to ensure the successful implementation of all recommendations and efficient cross-sharing with other internal divisions.
13Identify an external organization to audit the NYPD's reformed disciplinary system.NYPD is reviewing models for an independent audit of discipline process, and will establish a proposal by the end of summer.

The NYPD Implementation Group members include:
  • John K. Donohue, Chief of Strategic Initiatives
  • Vincent D. Grippo, Deputy Commissioner for Management and Budget
  • Rosemarie Maldonado, Deputy Commissioner Trials
  • Matthew Pontillo, Assistant Chief and Commanding Officer in the Office of the First Deputy Commissioner
  • Ann Prunty, Assistant Deputy Commissioner Legal Matters
  • Joseph Reznick, Deputy Commissioner Internal Affairs
  • Jessica Tisch, Deputy Commissioner Information Technology
  • Cecil Wade, Deputy Chief and Commanding Officer in the Office of the Police Commissioner
  • Ashley Waters, Counsel to the Police Commissioner

Attorney General James And Coalition Files Brief In Census Case Challenging Trump Administration's Attempt To Add Citizenship Question To The 2020 Census


  Attorney General Letitia James, leading a coalition of 18 states, 16 local governments, and the U.S. Conference of Mayors filed a merits brief in the United States Supreme Court in the case challenging the Trump Administration’s attempt to add a question about citizenship to the 2020 Census. Attorney General James released the following statement: 

“The federal government is legally required to perform an accurate count of the people in this country every ten years. The thoroughness and accuracy of this count is paramount: it determines the allocation of Congressional seats and federal funding for localities and municipalities. Any deviation in this count – especially one that affects some states and localities more than others – would have far-reaching and long-last implications for states, communities, and our ability to best support Americans. The federal government’s attempt to add a question about citizenship to this Census is antithetical to its basic responsibility to protect and serve our country – this question would incite widespread fear in immigrant communities and greatly impair the accuracy of the Census. Simply put, we cannot afford for anyone to be left out. We look forward to presenting our position to the Supreme Court.” 
In January 2019, the U.S. District Court for the Southern District of New York, ruled in favor of the New York Attorney General’s Office in a lawsuit to block the Trump Administration from demanding citizenship information in the 2020 Census. The United States Supreme Court will be hearing the case in April 2019. The initial lawsuit was filed in April 2018. New York is leading a coalition of 18 states, 16 local governments, and the U.S. Conference of Mayors in this case. The multistate and local government suit was consolidated with a case brought by multiple non-profit groups. 

Van Naes Neighborhood Alliance Meeting April 1, 2019



   The April Monthly Meeting of the Van Nest Neighborhood Alliance was held Monday night with Guest Speaker Deputy Chief Inspector Chuck Holzinger talking about fire safety in your home. Pictured above (L - R) are VNNA Treasurer John Messenger, VNNA President Bernadette Ferrara, Deputy Chief Inspector Chuck Holzinger, VNNA Senior Advisor Bob Nolan, VNNA Secretary Marion Manfredi, and VNNA Vice-President Sharlene Jackson-Mendez.

  Deputy Chief Inspector Holzinger spoke about changing the batteries in your smoke and carbon monoxide alarms every year, and that new alarms are hitting the market where when the alarm goes off a person will not be able to just take out the battery to turn off the alarm, but the alarm will be sealed and have a battery life of ten years.

  He spoke about buying new hair dryers and irons every few years, because the filament wears out and can become a fire hazard. Electric extension should not be overloaded especially in the hot weather months when the electricity level drops as demand increases. A surge in power when the demand drops can be a cause of fire if these extension cords are not able to handle the surge of electricity. He warned about cheap wire strip plug in electric extenders, and said make sure that what you buy has the UL tag for safety. 

  Representatives of local elected officials gave community reports, and the NCO officers went over a few calls in the area that were handled by the 49th Precinct including a mentally disturbed person police had to take care of. 

  The next VNNA meeting will be on Monday May 6th with Postal branch managers from 10460, 61, and 62 in attendance to answer questions about local mail service. Friday May 10th is the Annual VNNA Dinner for more information call Bernadette Farrara at 917-498-5786 or Marie Santillana at 646-305-4913 for more information. 

  Monday May 27th the Annual Memorial Day Parade and services begin at noon in front of the Van Nest Memorial at White Plains Road and Van Nest Avenue.