This Week in New York Covering New York State and City Government A Publication of Pitta Bishop & Del Giorno LLC January 25, 2019 Edition

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1 This Week in New York Covering New York State and City Government A Publication of Pitta Bishop & Del Giorno LLC January 25, 2019 Edition In the News State This Week In New York/Page 1 NYS Enacts Voting Reforms Governor Andrew Cuomo this week signed the voting reform legislative package approved by the Legislature at the start of the 2019 session. Specifics of the legislation include: Closing the LLC Loophole: This bill will limit political spending by an LLC to a total of $5,000 annually, which is the same limit as corporations. It will also require the disclosure of direct and indirect membership interests in the LLC making a contribution, and for the contribution to be attributed to that individual. Early voting: This bill would allow early voting for voters whose professional or family obligations make it difficult to physically get to the polls, as well as reduce waiting times and ease logistical burdens for poll workers. Synchronizing federal and state elections: This bill will unify the federal and state primary day to the fourth Tuesday in June prior to the general election. Pre-registration for minors: This bill will allow 16 and 17-year-olds to pre-register to vote, meaning that a voter will automatically be registered on his or her 18th birthday. Universal transfer of registration: This bill will ensure that when a voter moves elsewhere in the state, his or her voter registration will go with them. In addition, the Governor acknowledged the passage of two resolutions for Constitutional Amendments: No-excuse absentee voting by mail: This constitutional amendment will make absentee ballots available to any eligible voter, no matter their reason for wanting one. The New York State Constitution currently restricts absentee ballots to individuals who provide a qualifying reason, such as absence from the county on Election Day or an illness or disability.

2 This Week In New York/Page 2 Same-day registration: The New York State Constitution prohibits voters from registering to vote less than 10 days before an election. This amendment will eliminate this prohibition. Chapters of the Laws of 2019 Chapter 1 (Sponsored by Senator Krueger /M of A Glick) Enacts the reproduction health act. Chapter 2 (Sponsored by M of A Lavine / Senator Carlucci) -- Relates to voter pre-registration. Chapter 3 (Sponsored by M of A Dinowitz / Senator Carlucci) -- Relates to voter registration transfers. Chapter 4 (Sponsored by M of A Simotas / Senator Kavanagh) -- Relates to contributions by LLCs. Chapter 5 (Sponsored by M of A Lavine / Senator Stewart-Cousins) -- Relates to primary elections and the timely transmission of ballots to military voters stationed overseas. Chapter 6 (Sponsored by Senator Myrie / M of A Lavine) -- Relates to early voting. Chapter 7 (Sponsored by M of A Glick / Senator Hoylman) Bans engaging in sexual orientation change efforts by mental health care professionals upon patients under 18 years of age. Chapter 8 (Sponsored by Senator Hoylman / M of A Gottfried) -- Prohibits discrimination based on gender identity or expression and includes offenses regarding gender identity under the hate crimes statute. Bills Passed by Both Houses A881 (Sponsored by M of A Zebrowski / Senator Skoufis) -- Provides a temporary extension for payment of real property taxes owed by a furloughed or designated non-pay federal employee. S659A (Sponsored by Senator Salazar / M of A Cahill) -- Enacts the "comprehensive contraception coverage act." S660 (Sponsored by Senator Metzger / M of A Jaffee) -- Relates to the prohibition of discrimination based on an individual's or a dependent's reproductive health decision making. S1190 (Sponsored by Senator Bailey / Perry) -- Relates to the commission on prosecutorial conduct. S1250 (Sponsored by Senator Sepulveda / M of A De La Rosa) -- Enacts the Jose Peralta New York state DREAM Act.

3 This Week In New York/Page 3 S1262 (Sponsored by Senator Mayer / Benedetto) -- Relates to state assessments and teacher evaluations. In the News City De Blasio Administration Unveils Plan to Improve Capital Project Delivery at DDC The de Blasio Administration this week announced a plan to improve capital project delivery at the Department of Design and Construction (DDC). The plan is aimed at decreasing construction costs and project timelines, making more efficient use of City resources, and delivering public works projects faster. A Strategic Blueprint for Construction Excellence addresses issues in early project stages that can undermine a project s success and provides flexibility to work around the most common causes of project delays. The plan provides more incentives for contractors to meet construction schedules while also allowing for better evaluation of contractor performance. Strategies outlined in the plan include: Modernize Procurement According to the Mayor, the procurement of services can take more than nine months, and some projects go through multiple procurement cycles. DDC will work with the Mayor s Office of Contract Services to delegate more independent authority to DDC, propose rule changes to the Procurement Policy Board, and expand the efficient use of contractor pre-qualified lists. DDC will also create a new Business Development Unit to create more opportunities for M/WBE firms. Use Innovative Project Delivery Methods The agency will continue to advocate for the expanded use of tools like the Design-Build method of contracting, while exploring alternative project delivery methods such as CM-Build, CM-at-Risk and insurance reforms with the State Legislature. Streamline Change Order Approval and Payment The City will create allowances in project budgets for common project delays to give DDC the ability to pay contractors as soon as change order work starts. Get Projects Approved and Started Faster DDC will improve its internal business process to move projects through preliminary review more quickly, and coordinate with OMB to advance project review and shorten the time to get a Certificate to Proceed, the approval that allows work to start on a project. Plan Projects Better and Minimize Mid-Stream Scope Changes DDC will enhance its innovative Front End Planning units and work with sponsor agencies to establish realistic project scopes and budgets before work begins.

4 This Week In New York/Page 4 Work With Utilities More Effectively DDC is working to establish early, regular coordination with utility companies so that schedules are clear and delays avoided. DDC will expand the use of joint bidding when utility work and City work can be performed simultaneously. Become More Active Community Partners DDC will take a more proactive approach to community outreach and communication with project stakeholders, and expand the use of borough-specific liaisons to better manage public concerns. Transform Information Technology DDC will upgrade systems and create new tools to better manage projects including new mobile technology that gives staff access to project management information in the field. DDC will work with MOCS to integrate new systems with its PASSport payment system. Comptroller Stringer: Millions in Unclaimed Wages Available for Workers Cheated Out of Pay Comptroller s office launches outreach campaign to link impacted employees with wages New York City Comptroller Scott Stringer launched a new media campaign this week to return over $2.5 million in unclaimed prevailing wage awards to workers on City-funded projects. The Comptroller s Bureau of Labor Law enforces prevailing wage and benefit rates for construction and building service workers employed by contractors on City public work projects. The letters notifying workers many of whom are immigrants of their unclaimed awards are on the Comptroller s letterhead. However, according to the Comptroller, anecdotal evidence indicates many are afraid to respond because they fear it is a scam or veiled immigration enforcement. The new campaign will conduct outreach to impacted workers through media outlets to provide reassurance to those with unclaimed prevailing wage awards. Workers must fill out a proof of claim form included with the letter (available on the Comptroller s website) and attach copies of any documents they have received from the employer, such as paystubs or W-2 statements. The proof of claim form must be signed and notarized and returned to the Bureau. Workers should retain copies of the proof of claim form and attached documents for their records. Workers can also check the Comptroller s website at for a list of all workers with unclaimed prevailing wage awards and for more information about the Bureau.

5 This Week In New York/Page 5 De Blasio Administration Places NYCHA Residents Into 15,000 Jobs Mayor de Blasio this week announced that NYCHA has placed residents into nearly 15,000 jobs since 2014 through their workforce development programs. Half of these jobs are at the housing authority or construction projects with NYCHA contractors and affordable housing developers, and the rest are in the private sector. The Office of Resident Economic Empowerment and Sustainability (REES), part of NYCHA s Department of Community Engagement and Partnerships (CEP), has helped to engage and connect residents to jobs through JobsPlus (connects residents to private sector jobs) and the Resident Training Academy. REES provides employment-linked training for NYCHA residents that leads to careers with NYCHA in positions such as caretakers and pest control technicians, and to build careers in the construction trades through opportunities with NYCHA contractors and affordable housing developers. REES also connects residents to opportunities through a citywide network of over 80 community-based partners that offer high-quality workforce, business development, as well as educational and financial counseling services for residents. The JobsPlus program provided 7,313 resident placements since Last year, those jobs provided a median wage of $14.95 per hour. REES, through its Resident Training Academy and other programs provided 7,169 additional job placements since 2014, with a median wage of $ Building on the success of these workforce development programs, NYCHA is now expanding its Resident Training Academy by 70% or 225 additional trainees annually.. The JobsPlus program will also expand within Brownsville and Western Queens. For more info, residents should visit opportunitynycha.org. Briefs Governor Cuomo Signs Reproductive Health Act Crack Down on W Governor Andrew Cuomo this week signed the much-publicized Reproductive Health Act which allows women in New York to make personal healthcare decisions and the State s medical professionals to provide reproductive health services without fear of criminal penalty. The legislation codifies Roe v. Wade into New York State law. Governor Cuomo made this legislation a priority for 2019 and vowed enactment within the first 30 days of the session. It was sponsored by Senator Liz Krueger and M of A Deborah Glick.

6 This Week In New York/Page 6 Specifically, the legislation creates a new Article 25-A of the Public Health Law (PHL) which provides that an abortion may be performed by a licensed, certified, or authorized practitioner within 24 weeks from the commencement of pregnancy, or there is an absence of fetal viability, or at any time when necessary to protect a patient's life or health. In addition, the Reproductive Health Act amends the public health law, de-criminalizing women's access to abortions and protecting the doctors who perform them. It also removes the provision that includes an unborn child with which a female has been pregnant for more than twenty-four weeks from the definition of homicide. Governor Cuomo s FY 2020 Executive Budget Proposes to Crack Down on Wage Theft Governor Cuomo s 2020 Executive Budget proposal increases the penalties for employers who knowingly or intentionally commit wage theft violations to more closely align with other forms of theft. Currently, only employers who commit repeated wage theft can be prosecuted with a felony, and such prosecutions are extremely limited. This legislation will amend the Labor Law to provide criminal penalties for employers who knowingly steal wages, with criminal penalties ranging from a Class B misdemeanor for wage theft less than $1,000 to a Class B Felony for wage theft greater than $50,000. NYPD Crackdown on Illegal Parking to Speed Up Buses Mayor Bill de Blasio announced this week that the City is working to speed up buses Citywide with dedicated NYPD teams towing cars parked in bus lanes. The seven new NYPD tow teams will operate in all five boroughs. The City has set a goal to increase bus speeds by 25% by 2020, using increased enforcement and street redesign. Agreement Reached on Construction of Four Metro-North Railroad Stations in the Bronx The Metropolitan Transportation Authority (MTA), Empire State Development, and Amtrak this week reached an agreement which will lead to four new Metro-North Railroad stations in the east Bronx with access to Penn Station. The parties signed a memorandum of understanding allowing the project to move forward. Empire State Development Corporation is going to work with the MTA to do the planning and expedition of the project. As part of the agreement, Amtrak and MTA will jointly study the feasibility of Amtrak running several trains daily from Long Island to Penn Station and continuing either north to Boston or south to Washington. The new service will bring Metro-North trains over the Hell Gate Bridge into Queens, where they will merge with the Long Island Rail Road's route, proceeding through the East River Tunnels into Manhattan and west to Penn Station. In addition to the new stations, the project includes new tracks and

7 This Week In New York/Page 7 switches, as well as power, signal, communication and infrastructure upgrades. The stations include: Hunts Point; Parkchester/Van Nest; Morris Park; and Co-op City. Coming Up New York State The Legislature is in session Monday January 28 th through Tuesday January 29 th Monday January 28 th Joint Legislative Budget Public Hearing Higher Education Van Buren Hearing Room B, Legislative Office Building, 2 nd Floor, Albany, 11 a.m. Tuesday January 29 th Joint Legislative Budget Public Hearing Public Protection Van Buren Hearing Room B, Legislative Office Building, 2 nd Floor, Albany, 9:30 a.m. Wednesday January 30 th Joint Legislative Budget Public Hearing Transportation Van Buren Hearing Room B, Legislative Office Building, 2 nd Floor, Albany, 9:30 a.m. New York City Monday January 28 th Committee on Environmental Protection, Committee Room 250 Broadway, 16 th Floor, 10 a.m. Committee on For-Hire Vehicles, Council Chambers City Hall, 10 a.m. Committee on Immigration, Committee Room City Hall, 1 p.m. Tuesday January 29 th Committee on Housing and Buildings, Council Chambers City Hall, 10 a.m. Committee on Criminal Justice, Committee Room 250 Broadway, 16 th Floor, 10 a.m. Committee on Sanitation and Solid Waste Management, Council Chambers City Hall,1 p.m. Committee on Contracts, Committee Room 250 Broadway, 16 th Floor, 1 p.m. Committee on State and Federal Legislation, Committee Room 250 Broadway, 14 th Floor, 1 p.m.

8 This Week In New York/Page 8 Wednesday January 30 th Committee on Finance, Council Chambers City Hall, 10 a.m. Subcommittee on Planning, Dispositions and Concession, 250 Broadway, 16 th Floor, 1 p.m. Committee on Health, Committee Room City Hall, 1 p.m. Committee on Small Business, Committee Room 250 Broadway, 14 th Floor, 1 p.m. Thursday January 31 st Subcommittee on Zoning and Franchises, Committee Room City Hall, 9:30 a.m. Subcommittee on Landmarks, Public Siting and Maritime Uses, Committee Room 250 Broadway, 16 th Floor, 12 p.m. Committee on Governmental Operations, Council Chambers City Hall, 1 p.m. Disclaimer: The materials in this This Week in New York report are provided for informational purposes only and are not intended to be a comprehensive review of legislative or governmental or political developments, to create a client-consultant/lobbyist relationship, or to provide consulting, lobbying or political advice. Readers are cautioned not to attempt to solve specific problems on the basis of information contained in this This Week in New York. If consulting, lobbying or government relations advice is required, please consult a professional expert in such matters. The information contained herein, does not necessarily reflect the opinions of Pitta Bishop & Del Giorno LLC, or any of its members or employees or its clients. Neither Pitta Bishop & Del Giorno LLC, nor its members or employees make any warranty, expressed or implied, and assume no legal liability with respect to the information in this report, and do not guarantee that the information is accurate, complete, useful or current. Accordingly, Pitta Bishop & Del Giorno LLC is not responsible for any claimed damages resulting from any alleged error, inaccuracy, or omission. This communication may be considered an advertisement or solicitation. To request that copies of this publication be sent to a new address or fax number, to unsubscribe, or to comment on its contents, please contact Theresa Cosgrove at tcosgrove@pittabishop.com or at (518) To Our Clients: If you have any questions regarding any of the matters addressed in this newsletter, or regarding any legislative, government relations or political or consulting or related issues in general, please contact the Pitta Bishop & Del Giorno LLC professional with whom you usually work. This Week in New York is a publication of Pitta Bishop & Del Giorno LLC. 120 Broadway, 28th Floor 111 Washington Avenue, St Hyatt Street, St. 202 New York, New York Albany, New York Staten Island, New York Telephone (212) Telephone (518) Telephone (718) Facsimile (212) Facsimile (518) Facsimile (718)

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