October 20, 2023

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In the News-New York State

AI takes Center Stage in Albany

Governor Announces Advances in AI research at SUNY’s first-ever AI Symposium 

Organized Labor Weighs in at Assembly Hearing on the Workforce Impact of AI

Senate & Assembly Continue to Introduce Measures to Define the Use of AI

State officials this week turned their sights to artificial intelligence (AI), asserting the need for New York to both lead in AI research and development and protect its citizens from security threats and job impacts. 

Early in the week Governor Kathy Hochul announced $20 million to advance AI research in the state at SUNY’s first-ever AI Symposium at UAlbany. 

“AI is fundamentally changing the world we live in, and New York doesn’t just want to get in at the ground floor—we want to set the standard in AI development,” Governor Hochul asserted.  “With this investment and the creation of the SUNY AI Research Group, we are centering AI within education so we can incubate and foster a brilliant future for New York.”

Speaking to reporters following the SUNY event on Monday, Governor Hochul said she’s confident the development of AI will not impact the state workforce, according to State of Politics.

“No one in our workforce needs to worry about losing a job, I’m trying to find more workers,” the Governor said in the published report. “I just stopped a hiring freeze that had been in place for many years that eviscerated our agencies. I’m trying to hire people.

In addition, according to published reports, Governor Hochul suggested forming a state task force to research the best ways to use AI and safeguard against possible consequences. The Governor is expected to put forth additional AI proposals in the 2024 State of the State Address and Executive Budget Proposal.

In June, the State Legislature passed a bill (A4969/S6402), sponsored by Assemblyman Clyde Vanel and Senator James Sanders, to establish a temporary state commission to study and investigate how to regulate artificial intelligence, robotics and automation.  It awaits delivery to Governor Hochul for consideration.

On Thursday, the State Assembly Labor and Technology Committees heard from representatives of organized labor on the impacts of AI.  All recounted the rise of automation and AI in the workforce and asked the Legislature for help with its regulation.

“It’s accelerating at a pace where it may be used in ways that we don’t want as a society and we need to get the checks and balances in place for it,” Christopher Ford, council leader and executive board member of state workers’ union Public Employees Federation said.

Meanwhile, Stanley Koniszewski, Business Agent, Teamsters Local 294, Political Coordinator, Teamsters Joint Council 18, International Brotherhood of Teamsters, provided concrete examples regarding the need for legislative or regulatory guardrails with automation in the trucking industry.

“In the trucking world its hard to replace the guy behind the steering wheel or young lady…it’s hard to replace that human function,” he explained.  “There’s not one of you…that can tell me that when you’re driving in a snowstorm next to a tracker trailer that you really feel comfortable…Now you want to tell me you want to drive down the road [in a middle of a snowstorm] with no body in that truck.”

Following the legislators’ agreeing laughter, Mr. Koniszewski explained that AI-assisted functions (e.g. automatic braking) can negatively impact skilled driving because “you can replace human reaction.”

Both the Senate and the Assembly continue to put forth proposals on ways to rein in the use the AI.  Since the beginning of October, a number of bills regulating AI have been introduced including:

  • A8105 Sponsored by AM Vanel — Requires the collection of oaths of responsible use from users of certain high-impact advanced artificial intelligence systems.
  • A8110 Sponsored by AM Vanel — Relates to the admissibility of evidence created or processed by artificial intelligence.
  • A8129 Sponsored by AM Vanel — Enacts the New York artificial intelligence bill of rights.
  • A8138/S7676 Sponsored by AM Weinstein/Senator Ramos — Establishes contract requirements for contracts involving the creation and use of digital replicas.
  • A8158 Sponsored by AM Fahy — Requires publications to identify when the use of artificial intelligence is present within such publication.  

Chapters of the Laws of 2023

Chapter 522 – Sponsored by AM Cunningham/Senator Scarcella-Spanton — Permits a retail licensee for on-premises consumption to prepare and keep drinks containing alcoholic beverages in dispensing machines.

Chapter 523 — Sponsored by AM Clark/Senator Hinchey — Provides the liquor authority the ability to set the duration of brewer’s licenses, farm brewery licenses and restaurant-brewer licenses to three years. 

 Chapter 524 — Sponsored by AM Bronson/Senator Skoufis — Permits beer to be sold for off, premise consumption between the hours of 3 a.m. and 5 a.m. on Sundays.

 Chapter 525 — Sponsored by AM Cunningham/Senator Skoufis — Relates to the hours during which liquor and/or wine stores may be open on Sunday.

 Chapter 526 — Sponsored by AM Bronson/Senator Skoufis — Permits the sale or promotional gifting of certain complementary products for wine and spirits.

Chapter 527 — Sponsored by AM Jones/Senator Ryan — Relates to licensing restrictions for on-premises alcohol consumption for certain manufacturers and wholesalers of alcoholic beverages.

 Chapter 529 — Sponsored by AM Paulin/Senator May — Enacts the safe schools by design act.

 Chapter 530 — Sponsored by AM Paulin/Senator Harckham — Requires children’s non-regulated camps to ascertain whether an employee or volunteer is listed on the sex offender registry.

Chapter 531 — Sponsored by AM Gonzalez-Rojas /Senator Hoylman-Sigal — Relates to the provision of and payment for violence prevention programs. 

Chapter 532 — Sponsored by AM Lupardo/Senator Kennedy — Relates to paying drug-impaired driving surcharges to counties to reduce drug-impaired driving incidences.

 Chapter 533 — Sponsored by AM Pretlow/Senator Fernandez — Relates to education and outreach programs for individuals who have suffered a pregnancy loss or infant loss.

Governor Hochul Allocates $12 Million In Pandemic Relief

On October 18, Governor Kathy Hochul announced the allocation of $12 million in federal funding through the Pandemic Emergency Assistance Fund. This funding is set to provide a crucial one-time Family Economic Support payment to low-income families with children, aiming to alleviate the financial burden many have faced during the ongoing pandemic.

Administered by the New York State Office of Temporary and Disability Assistance (OTDA), this initiative targets households with children aged 17 and under who receive Public Assistance. Each eligible family will receive approximately $100 as part of this program. The payments commenced on October 17, and around 120,000 families in New York State are eligible to benefit from this support.

The Pandemic Emergency Assistance Fund, established as part of the American Rescue Plan Act of 2021, was designed to aid families affected by the COVID-19 pandemic. According to federal guidelines, the funding is designated for issuing non-recurring benefits to households with children facing specific short-term situations or needs. The Fund has already made significant impact by providing crucial support to low-income New Yorkers such as defraying the cost of diapers, food, and housing expenses.

New York initially received $128 million in federal funds through the Pandemic Emergency Assistance Fund, and thanks to its prudent use, the state was eligible for an additional $12 million in funds that were unused by other states. Public Assistance, which provides monthly grants to help low-income individuals and families meet basic needs, has been instrumental in supporting over 590,000 New Yorkers facing temporary unemployment, low-wage work, and other challenges, especially when it comes to supporting children.

Barbara C. Guinn, Acting Commissioner of the New York State Office of Temporary and Disability Assistance, emphasized the significance of these one-time payments – pointing out that these modest contributions will help families on Public Assistance better provide for their children in times of increased costs associated with basic household needs.

Several elected officials also praised this initiative. Senator Kirsten Gillibrand noted that these one-time payments will provide crucial financial relief to low-income families in covering their household expenses. Rep. Brian Higgins commended Governor Hochul for investing in New York’s children, particularly acknowledging the extra expenses families face for childcare and school-related costs. Rep. Adriano Espaillat reiterated the importance of financial assistance to help alleviate the daily burdens faced by struggling families. State Senator Roxanne J. Persaud expressed gratitude for the additional $12 million in American Rescue Plan Act funds, highlighting their importance in aiding New York families and children in need and Assemblymember Maritza Davila applauded Governor Hochul’s commitment to uplifting vulnerable communities, emphasizing the enduring strength of these initiatives.

In the News-New York City    

Adams Administration Releases Plan For Responsible Artificial Intelligence Use In NYC Government

New York City Mayor Eric Adams and Chief Technology Officer Matthew Fraser this week released the Adams Administration’s comprehensive “New York City Artificial Intelligence Action Plan.”

The plan will develop a framework for city agencies to carefully evaluate AI tools and associated risks, help city government employees build AI knowledge and skills, and support the responsible implementation of these technologies to improve quality of life for New Yorkers.

In addition, Mayor Adams and New York City Department of Small Business Services (SBS) Commissioner Kevin Kim launched the new MyCity Business site, which features a pilot for New York City’s first citywide AI chatbot. MyCity Business will connect business owners and aspiring entrepreneurs to content to help them start, operate, and grow businesses in New York City. According to the Mayor, with the AI chatbot, business owners will more easily be able to access trusted information from more than 2,000 NYC Business web pages.

“While artificial intelligence presents a once-in-a-generation opportunity to more effectively deliver for New Yorkers, we must be clear-eyed about the potential pitfalls and associated risks these technologies present,” said Mayor Adams. “I am proud to introduce a plan that will strike a critical balance in the global AI conversation — one that will empower city agencies to deploy technologies that can improve lives while protecting against those that can do harm.”

The City AI Action Plan introduces a set of phased actions the city will undertake to help agencies evaluate risks and determine whether or not a tool is the right technology to deliver better positive outcomes for New Yorkers.   The plan outlines 37 key actions — 29 of which are set to be started or completed within the next year. Under this plan, the city will:

  • Establish a framework for AI governance that acknowledges the risks of AI, including bias and disparate impact.
  • Create an external advisory network to consult with stakeholders across sectors around the opportunities and challenges posed by AI.
  • Build AI knowledge and skills in city government to prepare city employees to effectively and responsibly work with and on AI.
  • Enable responsible AI acquisition with AI-specific procurement standards or guidance to support agency-level contracting.
  • Publish an annual AI progress report to communicate about the city’s progress and implementation.

 Legislation Signed by the Mayor

Introduction 349-A — Sponsored by Public Advocate Jumaane Williams — Requires DOC to provide screenings for dyslexia and appropriate interventions to individuals between 18 and 21 years old in custody who self-report that they do not have a high school diploma or its equivalent. This requirement would expand to the entire jail population by December 31, 2025. DOC will coordinate with the Mayor’s Office of Criminal Justice and city-contracted programs that serve justice-involved individuals to provide dyslexia interventions after individuals are released from custody and issue quarterly reports updating on its progress.

Introduction 1190 – Sponsored by CM Brewer Creates a one-time waiver for EMS workers to apply to become firefighters even if they have passed the maximum age. Under existing local law, to become a firefighter for the FDNY, an individual must not have turned 29 years old before the date of the filing of their application for a civil service examination. This waiver would apply to the next promotion examination for EMS workers to become firefighters.

Bills Approved by the City Council

Introduction 712-A Sponsored by CM Bottcher — Requires the DOT to report on motor vehicles with license plates that are unreadable by red light cameras or school speed cameras. An unreadable license plate being defined as a license plate that a photo-violation monitoring system does not read because the camera malfunctioned, the license plate’s number was concealed or obscured, the license plate produced a distorted recorded or photographic image, or if no license plate was affixed to the motor vehicle. 

Introduction 790-BSponsored by CM Brewer  Eases the process of applying for an IDNYC card by adding documentation and verifications to the list of acceptable documents for proof of identity.  Applicants for IDNYC would be able to provide specific documents issued by federal immigration authorities, electronic verification through the Department of Correction, and a released offender identification card issued by the New York State Department of Corrections and Community Supervision

Introduction 1026-A Sponsored by CM Ung — Requires the Mayor to appoint an agency or office to prepare a report on potential locations for the construction of a bus transit center in Flushing, Queens to enable passengers to embark and disembark from buses without impeding the surrounding streets or sidewalks.

Introduction 1084-A — Sponsored by CM Narcisse — Requires the Department of Health and Mental Hygiene to include information on refugee, asylum seeker and migrant experiences to improve its trauma-informed care training that it offers to providers.

Introduction 1119-ASponsored by CM Brooks-Powers — Requires the Department of Health and Mental Hygiene to report annually on drowning deaths that occur in the city.

Introduction 1164-A Sponsored by CM Brooks-PowersRequire the Department of Transportation (“DOT”) to promote equity in infrastructure investment as part of its master plan and include an investment roadmap as part of each plan. The investment roadmap would require DOT to identify underserved neighborhoods with a high need of additional infrastructure based on existing infrastructure and safety needs, and to describe future investments in these neighborhoods so they are no longer underserved. 

Briefs

Governor Hochul Vetoes “The Planned Offshore Wind Transmission Act”

Citing local opposition and duplicity, Governor Kathy Hochul today vetoed legislation (S6218A) to establish a plan for improved transmission planning for an offshore grid upon the expansion of the State’s offshore wind megawatt (MW) goal.

 “The bill’s new requirements would, if the State’s offshore wind goals are expanded, be largely duplicative of the planning requirements already in place,” Governor Hochul explained.   “New York’s Accelerated Renewable Energy Growth and Community Benefit Act (Accelerated Renewables Act) currently requires the Public Service Commission (PSC) to identify the energy infrastructure needed to achieve the Climate Leadership and Community Protection Act (CLCPA) goals. The PSC has already started this work. To the  extent that  this  bill’s planning requirements are not duplicative, they would cause confusion by  assigning  contradictory  and  overlapping  planning responsibilities to NYSERDA.”

Sponsored by Senator Kevin Parker and AM Marcela Mitaynes, the bill also allowed a parkland alienation in Long Beach which would facilitate running a transmission cable from an offshore turbine under the beach to a transfer station in Island Park.

“Here, the City Council of Long Beach, the host community for the wind power project, has made clear that while it supports the State’s efforts to transition from the use of fossil fuels, it would not support or authorize any alienation of parkland in furtherance of this project,” the Governor said in veto message 37 of 2023. “New York State encourages all renewable energy developers to build and maintain strong and continued local support from host communities so that the state can realize the full potential of our green economy and protect New Yorkers from the climate crisis.”

“It is incumbent on renewable energy developers to cultivate and maintain strong ties to their host communities throughout the planning, siting and operation of all large-scale projects,” Governor Hochul concluded.

Comptroller DiNapoli: State Tax Receipts Higher Than Updated Projections Through the First Half of the Year

State tax receipts totaled $51.5 billion through the first six months of State Fiscal Year (SFY) 2023-24, $1.7 billion higher than estimates released in the Division of the Budget’s (DOB) July Update to the Enacted Budget Financial Plan. However, tax receipts were $6.9 billion lower than the first half of SFY 2022-23, according to the monthly State Cash Report released this week by Comptroller Thomas DiNapoli.

“The economy exhibited resilience in the first half of the year,” Comptroller DiNapoli said. “Continued job gains, wage growth, and easing inflation were all contributing factors to higher-than-expected tax receipts. However, global unrest, labor strikes, and a potential federal government shutdown could slow the economy, adding to existing budget challenges that include significant out-year budget gaps.”

Through the midyear, personal income tax (PIT) receipts totaled $26 billion and were $49 million below DOB’s updated financial plan projections. However, PIT receipts were $7.2 billion lower than the same period in SFY 2022-23, reflecting, in part, this year’s financial market volatility as well as how PIT credits were claimed in SFY 2022-23 under the pass-through entity tax (PTET).

Year-to-date consumption and use tax collections totaled $11 billion which were 6.8%, or $698.4 million, higher than the same period last year and $105.3 million higher than DOB estimates. 

Sales tax receipts increased by $563.1 million, or 6%. Business taxes totaled $12.8 billion, $129.3 million lower than through September in the prior fiscal year, but $1.6 billion higher than DOB projections.

State Court of Appeals Hears Arguments on New York’s Police Accountability Measures

The New York Court of Appeals this week heard two cases involving the State’s policing protocols and oversight measures, including investigating allegations of officer misconduct and banning chokeholds during arrests.

After George Floyd’s death in 2019, Governor Andrew Cuomo directed localities to revisit how they deal with allegations of police misconduct. In response, many upstate communities established Community Review Boards to oversee the process.  In Rochester, a Community Review Board was created via referendum which has the power to subpoena and penalize city police officers.

  On Wednesday, in the Matter of Rochester Police Locust Club, Inc. v City of Rochester, lawyers for Rochester’s Police Union argued that the review board cannot exercise this power because local law is preempted by the state’s 1967 Taylor Law that regulates public employees.

On Thursday, in the Mater of Police Benevolent Association of the City of New York v City of New York, the Court of Appeals heard arguments in a case challenging a New York City ban on using chokeholds during arrests. This law prohibits “sitting, kneeling, or standing on the chest or back in a manner that compresses the diaphragm.”   The police unions argued that the statute, particularly the diaphragm compression ban, is unconstitutionally vague and is preempted by state criminal laws.

Mayor Adams, Governor Hochul, Chan Zuckerberg Initiative Announce Nearly $300 Million For New Biomedical Research Hub In NYC

New York City Mayor Eric Adams, New York Governor Kathy Hochul, and the Chan Zuckerberg Initiative (CZI) this week announced plans for the Chan Zuckerberg Biohub New York (CZ Biohub NY), a new biomedical research hub in New York City that will leverage a nearly $300 million public-private investment to drive collaboration between leading research institutions. 

CZ Biohub NY will bring together experts from Columbia University, The Rockefeller University, and Yale University to focus on early disease prevention, detection, and treatment — particularly for ovarian and pancreatic cancers, neurodegenerative diseases, including Parkinson’s and Alzheimer’s, as well as aging and autoimmunity.

The Chan Zuckerberg Initiative will invest $250 million into the new hub. The New York City Economic Development Corporation (NYCEDC) and Empire State Development (ESD) will each contribute $10 million. 

Mayor Adams, DOT Commissioner Rodriguez Advance “Dining Out NYC”

New York City Mayor Eric Adams and New York City Department of Transportation (DOT) Commissioner Ydanis Rodriguez this week released new proposed regulations to advance “Dining Out NYC” – the city’s permanent outdoor dining program and launched a public outreach and engagement campaign.

DOT – in partnership with the New York City Department of Small Business Services (SBS) – will engage with the local restaurants, business organizations, trade associations, and community groups to solicit feedback on proposed rules for the program.  The first approved Dining Out NYC setups are expected to hit New York City streets in spring 2024.

Coming Up

New York State

Monday, October 23rd

Bottle Bill 

Senate & Assembly Committees on Environmental Conservation

Roosevelt Hearing Room C, Legislative Office Building, 2nd Floor, Albany, 11 a.m. 

 

Tuesday, October 24th

Packaging Reduction

Senate & Assembly Committees on Environmental Conservation

Roosevelt Hearing Room C, Legislative Office Building, 2nd Floor, Albany, 9:30 a.m. 

 

Wednesday, October 25th

Library Construction Aid

Assembly Committee on Libraries and Education Technology

Roosevelt Hearing Room C, Legislative Office Building, 2nd Floor, Albany, 10 a.m. 

Commission Meeting

New York State Commission on Ethics and Lobbying in Government

25 Beaver Street, 5th Floor, New York & 540 Broadway, 1st Floor Conference Room,

Albany, 10:30 a.m. 

 

Thursday, October 26th

Impact and Effectiveness of Economic Development Programs in the Enacted 2023-24 State Budget

Assembly Committees on Economic Development & Industry & Small Business

Roosevelt Hearing Room C, Legislative Office Building, 2nd Floor, Albany, 10 a.m.

 

New York City

Monday, October 23rd

Committee on Consumer and Worker Protection, Committee Room – City Hall, 10 a.m.

Oversight – Lithium-Ion Battery, Powered Bicycle and Powered Mobility Device Safety.

Committees on Finance, General Welfare & Oversight and Investigations, Council Chambers, 10 a.m.

Oversight – Asylum Seeker Response Efforts – Costs and Projections.

 

Tuesday, October 24th

Committee on Sanitation and Solid Waste Management, Council Chambers, 1 p.m.

Oversight – The State of NYC Sanitation Workers’ Safety and Protections.

Committee on Public Housing, Committee Room – City Hall, 1 p.m.

Oversight – RAD/PACT, The Trust, & The Future of NYCHA.

 

Wednesday, October 25th 

Committee on Women and Gender Equity, Council Chambers – City Hall, 10 a.m.

Oversight – Microgrants for survivors of domestic and gender-based violence.

Committees on Education & Public Safety, Council Chambers – City Hall, 1 p.m.

Oversight – New Safety Initiatives in NYC Public Schools.

Committee on Contracts, Committee Room – City Hall, 1 p.m.

 

Thursday, October 26th

Committee on Health, Oversight and Investigations, Fire and Emergency Management & Housing and Buildings, Council Chambers – City Hall, 10 a.m.

Oversight – Mayor’s Management Report: Agency Performance on Inspections and Responses.


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