In the News-New York State
Governor Hochul Reboots Congestion Pricing
New York City’s Central Business District (CBD)’s Tolling Program will begin at midnight on January 5th, charging passenger vehicles $9 (once per day), motorcycles $4.50 (once per day), small trucks and non-commuter buses $14.40 (each entry), and large trucks and sightseeing buses $21.60 (each entry) to access Manhattan below 60th Street, under Governor Kathy Hochul’s rebooted congestion pricing plan.
In addition, Governor Hochul committed to funding the proposed $68.4 billion 2025-2029 Metropolitan Transportation Authority’s Capital Plan that was approved by the MTA Board in September.
Governor Hochul paused the $15 per passenger car toll plan in June, citing increasing economic pressure on New Yorkers. The reboot calls for a 40 percent decrease in the toll structure through 2027 and limits the MTA from increasing the toll to more than $12 per passenger car (80 percent of the original toll structure) through 2030.
According to Governor Hochul, while the toll structure under this plan is lower than the tolls initially proposed, it will still enable the MTA to leverage $15 billion in bonds for the MTA’s current Capital Program over time.
State Budget Director Blake Washington, in published reports, acknowledged that the state will regularly review the tolling structure to ensure that enough revenue is generated. He indicated that the toll will not increase unless “it’s absolutely necessary.” Tunnel crossing costs will be credited by 40 percent of the original plan and nighttime travel brings discounts of 75 percent of daytime tolls. The peak period toll rate will apply from 5 a.m. to 9 p.m. on weekdays and 9 a.m. to 9 p.m. on weekends. Per-ride fees for all trips to, from, or within the CBD are 75 cents for taxis and black cars and $1.50 for App-based for-hire vehicles.
The Governor is also proposing a package of measures for her Executive Budget proposal in January, including:
- Expanding the joint MTA-NYC Automated Camera Enforcement program to permit enforcement of “blocking the box” violations at NYC street intersections.
- Expanding statutory authorization for the use of weigh-in-motion (WIM) technology.
- Permitting the City to impose a surcharge for street permits on construction projects that block traffic lanes.
Governors Hochul & Murphy Announce Proposal for Annual Minimum Wage Increases for Port Authority Airport Workers Tied to Inflation
Airport Stores and Restaurants Allowed to Offset Increased Costs Through Proposed Revision to Concession Pricing Policy
Governor Kathy Hochul and Governor Phil Murphy this week announced a Port Authority of New York & New Jersey proposal to expand the minimum wage policy at John F. Kennedy International, LaGuardia, and Newark Liberty International airports. The proposal provides annual wage increases for airport workers starting in January 2025, with automatic increases tied to the regional cost of living.
The new proposal provides for three upfront increases of $0.75 in January 2025, July 2025, and January 2026. Beginning January 1, 2027, annual increases would be tied to the U.S. Bureau of Labor Statistics’ Consumer Price Index (CPI) three-year moving average for the Northeast region, consistent with the two states’ minimum wage policies. The proposal provides for the wage to automatically increase to $25 in September 2032 if that level has not already been reached through the annual CPI increases as of January 2032.
The Port Authority Board of Commissioners last adopted an expanded minimum wage policy in 2018, which brought the wages of airport workers to a minimum of $19 per hour as of September 2023 but did not provide for any further increases without additional Board action, according to Governor Hochul.
To offset costs to businesses operating stores and restaurants at Port Authority airports, the Port Authority also proposed a revision to the agency’s policy that regulates concession pricing at the agency’s airports. The revised policy will allow concessionaires to charge prices to their customers at a level not to exceed 15 percent of the local, off-airport “street prices” for comparable products. The Port Authority will also allow airport concessionaires to add employee benefits and retention surcharge not to exceed 3 percent of a customer’s pre-tax bill.
The Port Authority is scheduled to take action on the proposal at its December 12th meeting. Members of the public and all interested parties are invited to submit comments via the Port Authority website during a 30-day comment period. All comments received about the proposed policy will be submitted to the Port Authority commissioners for consideration of changes, if any, to the proposal.
Bills Delivered to the Governor
S610 Sponsored by Senator Hoylman-Sigal/AM Simone – Authorizes boards of elections to establish absentee ballot drop-off locations.
S1198A Sponsored by Senator Rivera/AM Paulin – Directs the State Department of Health to conduct a review of reimbursement adequacy for early intervention services
S3105A Sponsored by Senator Mannion/AM Seawright – Requires the office for people with developmental disabilities to produce and publish a report on staffing at state-operated institutions under the jurisdiction of such office.
S5302 Sponsored by Senator Fernandez/AM Sayegh – Includes removal or threat of removal of religious clothing as aggravated harassment in the second degree.
S6162 Sponsored by Senator May/AM Levenberg – Ensures that color vision requirements for the appointment of police officers are tailored to only eliminate individuals with extreme color vision deficiencies from eligibility.
S6929 Sponsored by Senator Fernandez/AM Lunsford – Allows for treatment costing less than $1,500 to be done without prior approval, and more clearly defines the list of “pre-authorized procedures” as a floor on treatment as opposed to its current status as a ceiling; allows non-network providers of testing to be compensated at the provider network rate negotiated by the carrier.
S8136A Sponsored by Senator Sanders/AM Vanel – Establishes the New York state cryptocurrency and blockchain study task force.
S8373A Sponsored by Senator Rivera/AM Paulin – Exempts credit card debt from the definition of medical debt unless the credit card is issued under an open-ended or closed-ended plan.
S9673A Sponsored by Senator Addabbo/AM Pretlow – Relates to the acceleration of the downstate casino licenses.
S9849 Sponsored by Senator Comrie/AM Braunstein – Relates to authorizing the use of certain alternative
project delivery methods including design-build and construction manager build.
A2740B Sponsored by AM Paulin/Senator Mayer – Provides timelines and procedures for state agency contracts involving not-for-profit corporations.
A2885A Sponsored by AM Rosenthal L/Senator Gounardes – Requires places of public assembly to maintain epinephrine auto-injector devices and to have at least one employee who is trained in its use.
A8994-A Sponsored by AM Paulin/Senator Scarcella-Spanton – Enacts “Detective Brian Simonsen’s Law”; requires wireless communication method service providers disable services to stolen wireless phones.
In the News-New York City
New York City Council Approves Legislation to Reform Real Estate Brokers’ Fees
The New York City Council passed legislation (Introduction 360-A) on Wednesday that would reform broker fees to increase affordability for renters. Sponsored by Council Member Chi Osse, the FARE Act prohibits brokers from passing their fees onto tenants when the broker is exclusively representing the landlord’s interests.
According to the Council, broker’s fees can range from a month’s rent to as much as 15% of the annual rent. In addition, prospective renters face a host of upfront costs, including the first month’s rent, security deposit, credit report fees, background checks, and often a fee for a real estate broker hired by the property owner. A report by EasyStreet, a brand of Zillow, found between January and September of this year, the average New Yorker moving to a new apartment on average spent nearly $13,000 in upfront costs– the highest average recorded in New York City since at least 2010 when the data began to be tracked.
The FARE Act includes brokers who publish listings with the landlord’s permission. Landlords or their agents would be required to disclose the fees that the tenant must pay in their listings and rental agreements. The Department of Consumer and Worker Protection would enforce this bill and would conduct education and outreach. Any person who violates this bill would be subject to a civil penalty or civil action.
“To address the affordability crisis in our city, we must make the process of renting an apartment more transparent and affordable for working-class New Yorkers,” said Speaker Adrienne Adams. “The Council is proud to pass this historic bill to protect our city’s renters, ensuring that tenants aren’t on the hook for fees for services they did not request. Many New Yorkers can’t afford these major upfront payments, blocking them from the ability to secure a home. This bill would deliver economic fairness to renters, and greater transparency in the rental process.”
Bills Passed by the City Council
Introduction 130-A, sponsored by Council Member Gale Brewer, Requires the Department of Parks and Recreation (DPR) to establish composting facilities for plant waste processing within at least two parks in each borough by July 1, 2026, at least three parks in each borough by July 1, 2027, and at least five parks in each borough by July 1, 2028. DPR would also be required to issue an annual report that details the composting process occurring at the required parks.
Introduction 663-A, sponsored by Council Member Erik Bottcher, Allows the Department of Transportation (DOT) to establish standards regarding the size, shape, and materials used to construct news racks and to restrict news racks from being placed too closely to certain infrastructure located on sidewalks. This bill would further require DOT to provide notice to owners of any changed obligations imposed by this bill or DOT rules governing news racks.
Introduction 1088-A, sponsored by Speaker Adrienne Adams, Establishes a Charter Revision Commission that prioritizes improving city government, transparency, and accountability, restoring public confidence in local democracy. The Commission would consist of 17 members appointed by the Speaker, Mayor, Public Advocate, Comptroller, and all five Borough Presidents. Registered lobbyists would be ineligible to serve on the Commission and anyone with business before the City would require approval of the Conflicts of Interest Board in order to serve on the Commission. The Commission would be required to conduct an extensive outreach campaign to solicit ideas from civic and community leaders and encourage the public to participate in the hearing process. It would be empowered to submit its proposals to revise the City Charter for the 2025 or 2026 General Election.
Adams Administration Launches Drone as First Responder Program to Reduce Response Times
New York City Mayor Eric Adams and New York City Police Department (NYPD) Interim Commissioner Tom Donlon this week announced the Drone as First Responder (DFR) program, operating NYPD’s unmanned aircraft systems in five commands in three boroughs.
Located at the 67th, 71st, and 75th police precincts in Brooklyn; the 48th Police Precinct in the Bronx; and the Central Park Precinct in Manhattan, the 10 newest drones — two per command — will be deployed remotely and fly autonomously to the exact longitude and latitude of select priority public safety calls, including searches for missing people, alerts from the ShotSpotter gunshot detection system, incidents of robberies and grand larcenies, and other crimes in progress as needed.
According to the Mayor, the rapid deployment of DFR drones based at station houses supplements the NYPD’s in-person patrol response to 911 calls by supplying high-definition audio and video that is accessible, in real-time, on officers’ and supervisors’ department-issued smartphones.
Every DFR flight is commanded and monitored by an NYPD officer certified as a drone pilot by the Federal Aviation Administration (FAA). DFR pilots are situated at the Joint Operations Center at police headquarters in lower Manhattan or at one of the department’s off-site Technical Assistance and Response Unit (TARU) stations. Pilots remotely control the drones on a computer screen that displays a live feed, enabling them to make initial scene assessments and quickly broadcast over police radios detailed descriptions of suspects and other timely information to central dispatchers and arriving patrol officers. Each DFR mission is monitored in real-time by a member of the NYPD’s Legal Bureau.
With the launch of the DFR program, the NYPD now has 100 drones of various sizes and capabilities, and more than 110 FAA-qualified drone operators. NYPD drones have been dispatched on more than 4,000 missions in the past year, including approximately 2,300 priority calls for service.
Briefs
Governor Hochul to Amtrak: Restore Canceled Empire Service Used by More Than 2 Million Passengers
Governor Kathy Hochul this week sent a letter to senior executives at Amtrak urging them to restore the canceled Empire Service, which serves 2 million passengers in New York State per year. The Governor emphasized her support for the maintenance work but urged Amtrak to reconsider the cuts and explore a series of viable alternatives to ease the disruption. The Amtrak Empire Service train runs daily between NYC and Albany with some continuing service to Buffalo and Niagara Falls.
Amtrak made the decision to reduce service by two daily round trips between the Hudson Valley and New York City along with other schedule modifications while it undertakes a rehabilitation of the East River Tunnel.
Governor Hochul reiterated the mitigation strategies that NYSDOT Commissioner Marie Therese Dominguez provided to Amtrack previously, including proposals to restore service through operation of some trains to Grand Central Terminal or via another feasible alternative, or by expanding the trains that operate in the New York City–Albany market to six cars.
Attorney General James Warns New Yorkers of Health Insurance Scams During Open Enrollment for Affordable Care Act Plans
New York Attorney General Letitia James has issued a consumer alert warning New Yorkers about common health insurance scams as open enrollment begins for insurance plans through New York’s Affordable Care Act marketplace.
New Yorkers have until December 15th to enroll through the New York State of Health marketplace for health coverage taking effect January 1, 2025. Health insurance scams spike during open enrollment periods. According to the Attorney General, New Yorkers should look out for the following tactics scammers use to target those who are trying to obtain or keep health insurance:
- Scammers often use fear by threatening New Yorkers that their Medicaid or other health coverage is at risk of cancellation, or that they have already lost their Medicaid or other health coverage unless they provide hundreds of dollars to reinstate or continue benefits.
- Scammers will also use false offers of generosity to lure New Yorkers into providing personal information. This is typically done through phishing scams offering people gift cards or money to “update” their health accounts so as not to lose coverage.
- Scammers may ask for money to enroll people in marketplace or “Obamacare” insurance. The New York agencies that administer Medicaid, Child Health Plus, and Essential Plan benefits will never use the term “Obamacare” or ask for money from consumers to enroll or re-enroll. They will also not offer New Yorkers rewards to renew their coverage.
Comptroller DiNapoli: State Paid $14.5 Billion for Medicaid Home Care Services That Lacked Verification
A recent audit by State Comptroller Thomas DiNapoli found that the State Department of Health paid $14.6 billion in unverified Medicaid personal care claims during the audit period of January 2021 through March 2023.
New York State implemented an electronic visit verification program to confirm the delivery of Medicaid personal care services (2021) and home health care services (2023) to validate service delivery and reduce improper charges to the program. Providers can submit information about their home visit using a phone app, landline phone, or fixed object placed in the home.
During the audit period, from January 2021 through March 2023, the state Department of Health (DOH), through the Medicaid program, paid providers more than $31 billion for personal care and home health care services including medical care and assistance with housekeeping, meals, bathing and toileting.
DOH said the Medicaid claims processing system has a feature that can prevent payments for certain claims when there is no matching electronic verification record, however, this feature was not turned on, auditors found.
Comptroller DiNapoli’s audit found Medicaid paid out:
- $14.5 billion in personal care claims for 82 million services (44%) that had no matching electronic visit verification record.
- $97.6 million in home health care claims reflecting 400,557 services (89%) that did not have a matching electronic visit verification record.
- $11.6 million in claims for visits that lasted less than eight minutes —too short to be billable under Medicaid rules.
- $9.7 million for home services provided when the patient was hospitalized and home visits should have been suspended.
While DOH officials disputed the number of claims that had no matching verification (due to timing differences between when auditors and agency officials captured electronic visit verification data), and noted that the absence of electronic visit verification data alone may not indicate that the underlying claim was inappropriate, they said they planned to implement a program to increase providers’ compliance with electronic verification of home services and review current procedures to improve oversight.
SUNY Enrollment Increases for Second Consecutive Year
The State University of New York colleges and universities saw overall enrollment gains for the second year in a row, including increases in first-year undergraduate enrollment. Fall 2024 enrollment systemwide was up 2.3 percent, compared with Fall 2023, for a total of 376,155 students across the system. Last year, enrollment was up 1.1 percent, year-over-year, the first increase in a decade.
In addition, first-year undergraduate enrollment was up at SUNY by 0.9 percent over Fall 2023. In contrast, during the same time period, nationwide first-year undergraduate enrollment results declined by 5 percent, according to a recent report from the National Student Clearinghouse Research Center.
NYS Representatives Announce Home Heating and Energy Efficiency Assistance to Help New Yorkers Lower Heating Costs This Winter
Governor Kathy Hochul this week announced that funding is available to help low and middle income households and older adults lower their energy costs. Applications for the Home Energy Assistance Program, or HEAP, which can provide up to $996 to eligible households, are currently open to New Yorkers.
HEAP benefits are also available to eligible homeowners and renters depending on their income levels, household size, and operative heating systems. A family of four may have a maximum gross monthly income of $6,390, or an annual gross income of $76,681, and still qualify for benefits, marking a significant increase from last year’s maximum of a monthly gross income of $5,838, and an annual gross income of $70,059. Eligible New Yorkers can apply at ny.gov/heat.
More than 1.7 million HEAP benefits were issued last winter, putting more than $397 million dollars back in the pockets of families across the state.
Coming Up
New York State
Monday, November 18th
Metropolitan Transit Authority Joint Committee Meeting: Bridges and Tunnels, Capital Program, Finance, LIRR, Metro-North, NYCT/MTA Bus, Safety, MTA Board Room – 2 Broadway, 20th Floor, 9 a.m. Metropolitan Transit Authority Regular Board Meeting,
MTA Board Room – 2 Broadway, 20th Floor, 11 a.m.
Wednesday, November 20th
Public Hearing – To examine and evaluate the independent, comprehensive analysis – as required by NYS Tax Law Section 180 – of each tax credit, deduction, and incentive that relates to increasing economic development within the state in order to solicit stakeholder feedback and develop a legislative response
Van Buren Hearing Room A, LOB, 2nd Floor, Albany, 11 a.m.
New York City
Monday, November 18th
Committee on Children and Youth, Council Chambers – City Hall, 10 a.m.
Committee on Public Safety, Council Chambers – City Hall, 10 a.m.
Committee on Education, Council Chambers – City Hall, 10 a.m.
Committee on Transportation and Infrastructure, Council Chambers – City Hall, 10 a.m.
Committee on Civil and Human Rights, Committee Room – City Hall, 10:30 a.m.
Tuesday, November 19th
Committee on Mental Health, Disabilities, and Addiction, 250 Broadway – Committee Room, 16th floor, 10 a.m.
Committee on Civil Service and Labor, 250 Broadway – Committee Room, 14th floor, 10 a.m.
Committee on Governmental Operations, State & Federal Legislation, 250 Broadway – Committee room, 14th floor, 10 a.m.
Committee on General Welfare, Council Chambers – City Hall, 10 a.m.
Committee on Immigration, Council Chambers – City Hall, 10 a.m.
Committee on Housing and Buildings, 250 Broadway – Committee Room, 14th Floor, 1 p.m.
Committee on Consumer and Worker Protection, 250 Broadway – Committee Room, 16th Floor, 1 p.m.
Committee on Aging, 250 Broadway – Committee Room, 16th Floor, 1 p.m.
Wednesday, November 20th
Committee on Sanitation and Solid Waste Management, Committee Room – City Hall, 10 a.m.
Committee on Contracts, Committee Room – City Hall, 10 a.m.
Committee on Rules, Privileges and Elections, Council Chambers – City Hall, 10 a.m.
Thursday, November 21st
Committee on Finance, Committee Room – City Hall, 10:30 a.m.
City Council Stated Meeting, Council Chambers – City Hall, 1:30 a.m.
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