NYAPRS State Policy Update
March 29, 2021
NYAPRS Note: It seems as if all of Albany, be it state legislators and their staff, state agency staffers, lobbyists and a broad array of advocates and lobbyists are frozen in time awaiting for some movement on reaching a budget agreement. As of 6:00 pm today, top legislators and Administration officials have yet to agree on some major issues, in particular the amount of funding that is allotted to each table, e.g. for example mental hygiene, health corrections and so forth. Once those dollar amounts are settled, legislative chairs and colleagues and their staff will throw themselves into a near frantic pace of negotiations to craft a final budget that will be more than likely miss the traditional April 1 budget deadline. It is likely that one of the main sticking points is, per the reports below, is on the revenues that could be raised by levying a tax hike on the wealthy.
In the meantime, NYAPRS’ priorities continue to be in line with the ones we identified at our February 3rd legislative day. Until the budget deal is announced, here’s some background reading on many of our issues:
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More Funding For Community Services: it has appeared that a significant amount of federal relief funds have eliminated the threatened 5% across the board cut to community providers. At least that’s what the budget director said a few weeks ago. And both houses have prioritized the 1% Cost of Living Adjustment. Reinvestment is another thing though. Legislators have shown a good deal of hesitation in closing the 200 state hospital beds and, if that doesn’t happen, there won’t be savings to reinvest into the community. We are tireless on all issues and fronts.
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HALT Solitary Confinement Bill: A supermajority in both houses passed the bill a few weeks ago, enough to override a possible veto by the Governor (https://www.nyaprs.org/e-news-bulletins/2021/3/18/nys-senate-passes-the-halt-solitary-confinement-act). Support for enactment of the bill has been pouring in from all corners, from the Archbishop of NYS (https://www.timesunion.com/opinion/article/HALT-use-of-solitary-confinement-in-NY-16057267.php) and the New York Times (https://www.nytimes.com/2021/03/25/opinion/cuomo-solitary-confinement.html). Passage would be a unforgettable, landmark victory (see the bill at https://nycaic.org/legislation/). The Governor has a few days left to sign or veto the bill. Today we and our colleagues at NAMI and MHANYS issued a news release and a letter to the Governor (https://www.nyaprs.org/e-news-bulletins/2021/3/29/mental-health-advocates-call-on-gov-cuomo-to-turn-torture-to-treatment-and-sign-the-halt-bill). NYAPRS hosted a webinar a few weeks back that featured powerful presentations by HALT campaign leaders; see it at https://www.youtube.com/watch?v=eBOyAfKOBv8. Again, we have been and remain tireless on one of the most compelling issues of our respective lifetimes.
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988: Late last week, there appeared to be legislative interest in going where the Administration did not: starting the clock now to commit the funds necessary to build call centers designed to solely respond to purely behavioral health related crises. See more at https://www.fcc.gov/suicide-prevention-hotline. In New York, the call centers are expected to help connect people in need with expanded or additional Mobile Crisis Teams and newly created Crisis Stabilization Centers. Non-police first responders could also provide assistance as needed (see below).
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Crisis Stabilization Centers: A prominent goal for state officials and advocates alike. We and our members have spent a lot of time on educating and building support for the measure. See the attached summary to learn about one of NY’s best practice model operated by People-USA in Dutchess County.
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Alternative to Police First Responders: NYAPRS is working hard to secure some of the $10 million that has been proposed by the Assembly for crisis related initiatives could be used to fund mental health peer and/or clinician and EMT first responders in the manner of the best practices CAHOOTs model (https://whitebirdclinic.org/what-is-cahoots/) or a NYC-based peer led model (see http://www.ccitnyc.org/who-we-are/our-proposal/).
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Coercion: we believe that legislators will once again reject proposals to increase the use of coercive outpatient and inpatient treatment mechanisms. Instead, we are hoping to secure funding to continue a peer led model that was developed by NYAPRS and the MHA of Westchester that has successfully engaged 80% of a group who has historically rejected or not responded to other efforts. See more at https://www.mhawestchester.org/our-services/treatment-support/intensive-and-sustained-engagement-and-treatment.
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Self-Directed Care: between action by either the Senate or the Executive, this groundbreaking initiative appears to be headed for extension rather than termination. See more at https://www.hsri.org/files/uploads/publications/NYSD_ImplementationOnepager_Final_191104.pdf.
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Adult Home Resident Advocacy: it appears that the legislature is poised to restore the resident advocacy dollars for essential groups like CIADNY (https://www.ciadny.org/) that the Governor had cut; fines for serious infractions by adult home operators may go up as well. Both have been supported by NYAPRS and our members.
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OASAS/OMH Consolidation: approval of such a merger will be taken up after the budget’s passage. Last week, NYAPRS joined our colleagues in supporting a measure advanced by Senator Harckham that support the creation of an Office of Mental Health, Addiction and Wellness. NYAPRS has been actively involved in stakeholder work groups weighing in on a variety of issues connected with such a merger, specifically on the one relating to Recovery and Stigma.
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Most Integrated Setting Coordinating Council: unrelated to the budget. MISCC public members including NYAPRS worked with state officials to launch workgroups last week, on Employment, Deinstitutionalization, Community Services: State, Local Government, Private Partnerships and an updated Olmstead Plan. See a recorded version of the meeting at https://totalwebcasting.com/view/?func=VOFF&id=nysomh&date=2021-03-24&seq=1.
Stay tuned for more details as we get them and be at the ready for some additional advocacy as needed. Thanks to everyone who’s working on these issues!
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No Signs Of An Imminent Budget Deal As Deadline Nears
By Bill Mahoney, Anna Gronewold, Marie J. French Politico March 29, 2021
ALBANY — As the business day drew to a close in the Capitol on Monday, there were no hints that state budget talks were nearing a conclusion.
Some sources were hopeful that a few of the 10 budget bills could be finalized at some point later in the day. But in general, hopes seem to have turned from having an on-time budget — one passed by 11:59 p.m. on Wednesday — to one that’s that’s “timely,” the flexible phrase that’s used to refer to a budget that’s late but not so late as to cause serious disruptions to state operations.
“There have been some discussions that have been productive, and some large issues have been somewhat resolved, [but] there’s no agreement until there’s a complete agreement,” said Assembly member Harry Bronson (D-Rochester). “Discussions have been productive,” he said, but “it would be very tight if we were to be able to get this done by the April 1 deadline.”
The most significant outside issue is the budget’s very size. Both the Senate and Assembly have proposed $208 billion spending plans that depend on $7 billion in new taxes imposed on high earners. Gov. Andrew Cuomo has been more open to some new taxes than he has been in the past, but he’s also argued that the recent infusion of federal cash means drastic tax increases aren’t necessary.
Sources say that the tax talks have reached leaders-meeting levels and some increases in both corporate franchise and income tax rates are likely. But the three entities have made little movement coalescing around just how steep those hikes might be, nor have they decided just where in the spending plan that new revenue might go.
With the final figure still undetermined, advocates continued to spend Monday highlighting all of the causes that could be funded should the higher figures materialize.
The state teachers union had said in recent weeks that the ask might look large now, but its leaders are concerned about a repeat of Cuomo’s early years in office, when stimulus from the Great Recession ran out before local economies truly recovered and forced schools to make drastic cuts.
“We understand that they are making good progress,” New York State United Teachers President Andy Pallotta said while pushing for more Foundation Aid funding for schools on a Zoom press conference. “We are optimistic. We also know right now, [allies in the Legislature] really need to hold their place. They need to be able to hold on and get us to the finish line with these generators of revenue, because we know that this is a one-shot from the federal government and that in the out years we don’t want to be back saying we have no money and we need to do mid-year cuts.”
Advocates and progressive lawmakers were also continuing to promote a plan to provide unemployment benefits to those who have lost their jobs over the past year but have been ineligible for regular benefits — a group that includes undocumented immigrants and those recently released from prison. Both houses of the Legislature included $2.1 billion for this purpose in their budget proposal.
The impasse at this point seems to be due to Cuomo insisting on more stringent means of verifying whether the individuals who could receive five-figure checks under such a program have actually suffered financial hardships recently.
“The Legislature and the governor are seeking to iron out the details of an excluded workers fund, and that includes how people demonstrate that they are excluded workers,” said Sen. Julia Salazar (D-Brooklyn). “Our position is that there needs to be minimal means testing. We want to make sure that everyone who is an excluded worker, who works in the informal economy, who is undocumented, who has otherwise been excluded from relief because they don’t meet the qualifications that other workers who receive relief are able to meet.”
Sen. Robert Jackson (D-Manhattan) similarly identified “the governor’s office wanting proper identification” as a hold-up. “What’s proper is another question,” he said, suggesting lenient burdens such as “text messages between your employer and you or any other things like pictures with you and your employer and you at your place of business.”
Still, lawmakers were optimistic that some sort of an agreement on this subject could be reached. There was a good chance that “a way forward” will be found, said one legislative source.
Environmentalists continue to push for inclusion of a $3 billion bond act, which was said to still be part of negotiations at the leadership level. A provision to have the state set a standard tax methodology for new solar and wind projects was still live as well. The measure would effectively cap the amount of PILOTs local governments could seek from developers. Renewable advocates have said tax agreements are the next bottleneck now that permitting has been revamped in their favor.
One of the outstanding issues might face longer odds — that of allowing movie theaters to sell booze. Cuomo had proposed such a move for adults attending movies rated PG-13, R or NC-17. The Senate proposal would have limited the types of available beverages to beer and wine, while the Assembly completely kept this provision out of its budget.
A couple of sources said on Monday that talks on this issue were still ongoing. But one legislator who has supported this in the past said later in the day that the issue has been dropped.
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Tax-the-Rich Debate Central in New York Budget Discussion
By Nick Reisman Spectrum News March 29, 2021
As state lawmakers aim to pass a budget this week for New York, whether to increase taxes on upper-income New Yorkers and the financial industry has been central to the debate.
Business groups are making a final push to oppose the increase, which Democrats in the state Senate and Assembly estimate will generate billions of dollars in revenue to help bolster spending for schools and health care, among other programs in the budget.
The group Upstate United released a new analysis late last week pointing to the state’s existing tax burden relative to other states and the effect of further increasing taxes on the state’s economy.
The analysis pointed to a 2021 Tax Foundation report, which found New York ranked 48th in tax climate, in front of California and New Jersey.
“As special interests keep calling on Albany to raise taxes, our organization is committed to fighting for much-needed tax relief. Overburdened taxpayers continue to flee New York due, in part, to the state’s extraordinary tax burden,” said Justin Wilcox, the executive director of Upstate United. “Returning to the days of massive tax hikes and bloated budgets isn’t progressive, it’s problematic.”
Gov. Andrew Cuomo’s top budget advisor this month said there was no need for a significant tax hike in the budget given higher-than-expected tax revenue and the aid package approved by Congress, which will send $12.5 billion in unrestricted direct aid to New York to offset pandemic losses.
“Thanks to the recent federal stimulus package and better-than-expected state tax collections, there’s ample resources for this year’s budget,” Wilcox said. “Moving forward, we’ll need to grow our way out of this problem. Washington isn’t going to come to our rescue every year. The sooner we can reopen businesses, rebuild our economy and revive our communities, the better.”
Still, progressive organizations in recent weeks have launched an extensive push for some form of a tax increase in the budget, due to pass by Wednesday. Democrats have introduced budget resolutions that would increase tax rates on those earning more than $2 million while also placing new taxes on investment earnings and second homes.