In the News-New York State
Governor Hochul Signs Legislation to Protect the Rights of Freelance Workers
Governor Kathy Hochul signed legislation, Chapter 678 of the Laws of 2023, the “Freelance Isn’t Free” Act, which provides protections, rights, and opportunities for recourse to freelance workers experiencing non-payment for their services.
“Every single New Yorker deserves to be treated with dignity and respect in the workplace, whether they’re a full-time, part-time or freelance worker,” Governor Hochul said. “As freelance work becomes more and more common, we need laws have strong protections to ensure these individuals are paid fairly for the work they do.”
Chapter 678 extends protections to freelancers across all of New York State, building upon the NYC’s Freelance Isn’t Free Law, by adding oversight and enforcement from the New York State Attorney General’s Office. This law will protect freelancers by establishing a right to a written contract with certain terms, timely and full payment, and protection from retaliation and discrimination for exercising these rights. The Attorney General can bring actions to obtain remedies, including damages and civil penalties, on behalf of impacted freelance workers. Freelance workers would also have the right to pursue a private lawsuit to protect their rights under the new law.
“Whether it’s our contract electricians or domestic workers or our freelance journalists, all workers across New York deserve full, clear, and enforced labor protections, Senator Andew Gounardes explained. “…we are making it clear that we won’t let workers be pushed around or denied their rights — not in Brooklyn, not in Buffalo, and not anywhere across New York.”
These expanded rights and protections will apply to covered freelancers being paid at least $800 for their services. The Department of Labor will provide model contracts on its website for freelancers and hiring parties to use with terms that comply with this new law.
“Freelancing is a major portion of our economy. Freelancers work very hard every day and prior to this legislation had very little protections if a client didn’t pay them for their work…” Assembly Member Harry Bronson said. “…Through this legislation the State is saying to all Freelancers you and your work is valued.”
Chapters of the Laws of 2023
Chapter 672 – Sponsored by AM Epstein/Senator Persaud – Relates to requiring one voting member of the metropolitan transportation authority be a transit dependent individual.
Chapter 673 – Sponsored by AM Sayegh/Senator Mayer – Relates to emergency response plans relating to downed wires.
Chapter 674 – Sponsored by AM Bronson/Senator Hoylman-Sigal – Requires the collection of certain demographic information by certain state agencies, boards and commissions.
Chapter 679 – Sponsored by Senator Hoylman-Sigal/AM Lavine – Relates to court confirmation of arbitration awards for public sector arbitrations.
Chapter 681 – Sponsored by Senator Mayer/AM Otis – Requires camps and youth sports programs to establish an automated external defibrillator implementation plan.
Chapter 682 – Sponsored by Senator Hoylman-Sigal/AM Bronson – Establishes the lesbian, gay, bisexual and transgender, and people living with HIV long-term care facility residents’ bill of rights.
In the News-New York City
Drivers May Have to Pay $15 to Enter Midtown Manhattan Under NYC Congestion Pricing Plan
The Traffic Mobility Review Board (TMRB) this week issued its recommendation to the Metropolitan Transportation Authority board on the Manhattan Central Business District (CBD) Tolling Program. The five-member panel released its recommended tolling structure, which contains credit, exemption, and surcharge specifications.
The system will charge cars, buses, motorcycles, and trucks a rate based on vehicle size and occupancy to drive into Manhattan on or below 60th Street, including Times Square, Chelsea and SoHo.
The recommendations of the TMRB include:
- Passenger vehicles and passenger-type vehicles with commercial license plates should be charged a $15 toll for entering the CBD, no more than once per day.
- Trucks should be charged a $24 or $36 toll for entering the CBD, depending on their size.
- Buses providing transit or commuter services should be exempted from the toll. Other buses should be charged a $24 or $36 toll for entering the CBD, depending on their type.
- Motorcycles should be charged half the passenger vehicle toll, no more than once per day.
- Tolls should be charged to vehicles only as they enter the CBD – not if they remain in or leave the zone.
- Congestion toll rates should apply during the most congested times of the day — from 5am to 9pm on weekdays, and from 9am to 9pm on weekends. Toll rates should be 75% lower in the nighttime.
- A credit against the daytime CBD toll rate should be provided to vehicles entering through the four tolled entries that lead directly into the CBD: the Queens-Midtown, Hugh L. Carey, Holland, and Lincoln Tunnels. The credit should be $5 for passenger vehicles, $2.50 for motorcycles, $12 for small trucks and intercity/charter buses, and $20 for large trucks and tour buses. No crossing credits should be in effect in the nighttime period when toll rates are 75% lower.
- NYC Taxi and Limousine Commission (TLC)-licensed taxis and For-Hire Vehicles (FHVs) should be exempted from the daily system toll on vehicles. Instead, a per ride CBD toll should be added to each paid passenger trip fare for rides made to, from, or within the CBD at the toll rate of $1.25 per-ride for taxis and $2.50 per-ride for app-based FHVs.
- Specialized government vehicles should be exempted from the CBD toll (in addition to emergency vehicles and vehicles transporting people with disabilities, as required by law).
- Low-income vehicle owners who qualify and register with TBTA should receive a 50% discount on the daytime auto toll after the first 10 trips made by that vehicle in a calendar month.
The proposal now goes to the Metropolitan Transportation Authority Board for its consideration. The plan is set to be implemented next year.
Members of the TMRB include: Carl Weisbrod, former Chair of the City Planning Commission; John Banks, President Emeritus of the Real Estate Board of New York; John Durso, President of the Long Island Federation of Labor; Elizabeth Velez, President and Principal of the Velez Organization; and Kathryn Wylde, President and CEO of the Partnership for New York City.
International President of the Transport Workers Union John Samuelsen resigned from the Review Board prior to the release of the report, according to published reports.
Comptroller Lander Releases Report on City’s Use of Emergency Procurement
New York City Comptroller Brad Lander this week released a report on the City’s use of emergency procurement. From January 1, 2022 to September 30, 2023, the City’s emergency procurement contracts totaled $1.73 billion. Under the City Charter, the Comptroller’s office (along with the Law Department) is charged with assessing whether to grant prior approval for agencies’ use of the emergency procurement method.
The Comptroller’s review examined 292 new emergency contracts during the 20-month period. Seventy-four of those 292 contracts are for asylum seeker services, totaling $1.38 billion (80% of new emergency procurement dollars).
Nineteen agencies filed new emergency contracts and task orders. According to the Comptroller, while the Department of Housing Preservation and Development (HPD), which is tasked with hiring contractors to conduct emergency building demolitions, remains the largest driver of the number of emergency procurements in terms of volume, the New York City Department of Homeless Services (DHS) holds the largest share of emergency procurements in terms of dollar value. This is because DHS, whose agency mission is to provide temporary shelter for those in need, is leading the City’s contracting for emergency shelter services for newly arrived asylum seekers.
Table 1: Volume and Value of Emergency Contracts by Agency
| Agency | # of Emergency Contracts | Total Contract Value[6] |
|---|---|---|
| ACS | 1 | $158,691 |
| DCAS | 4 | $2,858,412 |
| DDC | 10 | $123,474,668 |
| DEP | 4 | $21,429,666 |
| DHS | 57 | $753,482,626 |
| DOB | 1 | $630,000 |
| DOC | 6 | $29,447,180 |
| DOHMH | 44 | $14,666,040 |
| DOI | 1 | $6,890,040 |
| DOP | 1 | $500,000 |
| SBS | 1 | $30,000,000 |
| DPR | 1 | $1,196,183 |
| DSS | 2 | $14,947,988 |
| DYCD | 1 | $2,233,301 |
| HPD | 146 | $509,645,202 |
| HRO | 5 | $47,992,767 |
| NYPD | 1 | $5,063,812 |
| NYCEM | 4 | $137,454,406 |
| OTI | 2 | $29,072,865 |
| Grand Total | 292 | $1,731,143,847 |
The key findings of Comptroller Lander’s report included:
- Delays in the submission of critical information impede proper and timely oversight reviews.
- Agencies are not doing enough to ensure that prime vendors and subcontractors have been properly vetted, tracked, and evaluated.
- Vendors seeking to compete for and provide emergency goods and services face high barriers.
- Emergency contracts are not subject to the same procurement laws, rules, regulations, and agreements as other methods.
To mitigate the issues identified, Comptroller Lander recommended that the Administration integrate risk assessments and data driven forecasting tools into procurement planning; transition goods and services provided under emergency contracts to a competitively sourced contract whenever possible; and strengthen accountability for vendor integrity and performance evaluation reviews.
Briefs
Governor Hochul Signs Legislation to Protect the Rights of Seniors Living with HIV and Members of the LGBTQIA+ Community
Governor Kathy Hochul signed legislation, Chapter 682 of the Laws of 2023, which establishes a bill of rights for long-term care facility residents who are lesbian, gay, bisexual, transgender, or living with HIV. The bill prohibits long-term care facilities and their staff from discriminating against any resident on the basis of a resident’s actual or perceived sexual orientation, gender identity or expression, or HIV status.
This legislation builds on existing protections from discrimination already established in New York’s Human Rights Law. Long-term care facilities and their staff are prohibited from making discriminatory decisions based on a resident’s actual or perceived sexual orientation, gender identity or expression or HIV status, such as: denying admission to a long-term facility; transferring or denying a transfer within a facility or to another facility; or discharging or evicting a resident from a facility.
Comptroller DiNapoli: The South Bronx Sees Economic Growth Despite Pandemic Challenges
The COVID-19 pandemic hit the South Bronx especially hard, but the area’s economy has shown resiliency, according to a report released by New York State Comptroller Thomas DiNapoli.
“The South Bronx was hard hit by the COVID-19 pandemic but was resilient because of dedicated and hardworking neighborhood groups and advocates, and the strength of its residents,” said Comptroller DiNapoli. “Still, the need for more affordable housing, jobs and quality of life improvements remains pivotal to the community’s long-term success.”
According to the Comptroller, despite the impact of the pandemic, jobs and businesses grew faster in the South Bronx than the rest of the borough and city. This was due in part to community-led investments through the pandemic, stemming from the city’s public-private partnerships to develop commercial, housing and cultural projects. From 2011 to 2022, the South Bronx saw a 25% and 20% increase in jobs and businesses, respectively, led by the health care and social assistance sector. While the area lost 7.7% (6,150) of jobs gained the decade prior due to COVID, the South Bronx added 4,679 jobs in 2022, while new businesses saw an uptick. Federal pandemic assistance helped many South Bronx businesses stay afloat, and in 2022, the area had 78,476 private sector jobs, which accounted for almost one-third of jobs boroughwide.
The South Bronx also saw the median household income rise 30.9%, poverty decline 3.4%, and more people move to the area from 2011 to 2021. According to most economic indicators, the area’s economy has proven more resilient than the borough as a whole following the worst waves of COVID. Still the South Bronx has a higher overall poverty rate (36.3%), a lower median household income ($32,381) and fewer adults who graduate from college (14%) when compared to the borough and city. The pandemic further shined light on systemic health, socioeconomic, and environmental disparities in the area.
NYSERDA Issues Solicitations for Offshore Wind and Land-Based Renewable Projects
The New York State Energy Research and Development Authority (NYSERDA) this week announced the launch of expedited renewable energy solicitations. Final proposals for both offshore wind and land-based renewable projects are due in January 2024.
Offshore Wind Solicitation
Final proposals for the offshore wind solicitation will need to be submitted by January 25, 2024, with award announcements expected to be made in February 2024. Details on the offshore wind solicitation are available on the Offshore Wind Solicitation page on NYSERDA’s website.
Land-Based Renewables Solicitation
The process for submitting proposals into the land-based renewables solicitation will be conducted in two steps, with eligibility requirements due on December 21, 2023 to confirm that interested projects are eligible to bid, and final proposals due on January 31, 2024. Award announcements are expected by the end of April 2024. More details on the land-based renewable energy solicitation are available on the Tier 1 Solicitation page on NYSERDA’s website.
Mayor Adams Unveils Plan To Transition
City’s Heavy-duty Fleet Vehicles To Renewable Fuel
New York City Mayor Eric Adams and New York City Department of Citywide Administrative Services (DCAS) Commissioner Dawn M. Pinnock this week outlined a plan that will make New York City the first city on the East Coast to transition all heavy-duty vehicles in the city’s fleet from fossil to renewable fuel.
According to the Mayor, the city’s fleet currently includes more than 12,600 on- and off-road trucks and specialized equipment that operate on diesel fuel. By the end of Fiscal Year 2024, they will all operate on renewable diesel.
Renewable diesel biofuel will replace up to 16 million gallons of fossil fuel used every year to power the city’s heavy-duty fleet, which includes garbage trucks and ambulances. The transition began this past September, with 2.5 million gallons of renewable diesel used across heavy-duty vehicles.
Mayor Adams explained that as the city works to fully electrify its entire vehicle fleet, renewable diesel represents an important intermediate step until viable electric models become fully available. Currently, 450 city vehicles — nearly three-quarters of the entire fleet — use a type of cleaner fuel alternative, such as electric, solar, hybrid, or biofuels.
Adams Administration Launches New Effort to Make Thousands of NYC Intersections Safer
Plan includes removing parking spots from 1,000 NYC intersections every year
New York City Mayor Eric Adams this week launched a three-pronged effort to accelerate the city’s ongoing efforts to make streets safe, beginning by doubling the administration’s focus on improving safety at intersections.
Under this initiative, the Adams administration will make safety improvements to intersections at double its current rate — delivering upgrades to at least 2,000 intersections per year, with visibility improvements through “daylighting” at least 1,000 of those intersections each year. To build on that work, the New York City Police Department (NYPD) will add traffic violence to its regular CompStat reporting and the administration will make safety upgrades to city vehicles and vehicles of city contractors and licensees.
The City Department of Citywide Administrative Services (DCAS) will test additional safety improvements to the school bus fleet, including audible turn alerts, safety surround cameras, pedestrian collision warning systems, and back-up sensors. The agency will require that school bus operators participate in urban safety and defensive driver training, with the goal of having all drivers complete that training by the start of the 2025-2026 school year. In the coming weeks, DCAS will release a Safe Fleet Transition Plan, encompassing these and other initiatives to make the city’s school buses safer.
In addition, Mayor Adams will issue an executive order setting forth a framework for contractor heavy duty vehicles to include vehicle safety training and technology, ranging from truck surround cameras to telematics. Separately, the mayor’s office will work with the Business Integrity Commission to further strengthen rules related to heavy-duty trade waste vehicles.
Coming Up
New York State
Thursday, December 7th
Public Campaign Finance Board Meeting Followed by SBOE Commissioners Meeting
New York State Board of Elections
State Board Offices, 40 North Pearl Street, 5th Floor, Albany 12 p.m.
New York City
Monday, December 4th
Committees on Women and Gender Equity & Technology, Council Chambers – City Hall, 10 a.m.
Oversight – Online Harassment Against Women, Girls, and Gender Expansive People.
Committee on Transportation and Infrastructure, Council Chambers – City Hall, 1 p.m.
Oversight – DOT Transparency and Notice Requirements.
Tuesday, December 5th
Subcommittee on Landmarks, Public Sitings and Dispositions, 250 Broadway – Committee Room, 16th Floor, 11 a.m.
Wednesday, December 6th
Committee on Transportation and Infrastructure, Council Chambers – City Hall – VOTE, 9 a.m.
Committee on Finance, Committee Room – City Hall – VOTE, 10 a.m.
Committee on Women and Gender Equity, Council Chambers – City Hall – VOTE, 10 a.m.
Committee on Higher Education, Council Chambers – City Hall – VOTE, 10:30 a.m.
Committee on Housing and Buildings, Committee Room – City Hall – VOTE, 10: 30 a.m.
Committee on Civil Service and Labor, Council Chambers – City Hall – VOTE, 11 a.m.
City Council, Council Chambers – City Hall, 1:30 p.m.
Thursday, December 7th
Committees on Health & Sanitation and Solid Waste Management, Council Chambers, 10 a.m.
Oversight – Rat Mitigation and Public Health.
Committees on Mental Health, Disabilities and Additions, General Welfare, Veterans, & Housing and Buildings, Council Chambers – City Hall, 1 p.m.
Oversight – Supportive Housing in New York City.
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