Executive Summary: New York State Fiscal Year 2024-2025 Budget | JD Supra (2024)

On January 16, New York Governor Kathy Hochul released her State Fiscal Year (SFY) 2024-25 Executive Budget, her third since assuming office in August 2021. Addresses by Governor Hochul and Budget Director Blake Washington provided further detail regarding the Governor’s fiscal and policy priorities, including her proposals set forth in the New York State of the State Address on January 9, 2024. Governor Hochul’s SFY 2024-25 Executive Budget includes a spending plan of $233 billion, which is $4 billion more than last year’s Enacted Budget.

The Executive Budget includes several notable proposals, including: addressing high crime areas such as retail theft, domestic violence and hate crimes; rebuilding the mental health system; making New York more affordable through increases to the state’s housing stock; controlling Medicaid spending; establishing statewide paid prenatal leave; providing $35.3 billion in school aid; establishing the Empire Artificial Intelligence Consortium; and supporting New York City’s response to the migrant crisis.

In this initial overview, you will find short descriptions of the “Article 7” legislative proposals in the SFY 2024-2025 Executive Budget. The Manatt team is currently reviewing the SFY 2024-2025 Executive Budget documents and will be issuing an in-depth budget analysis to you in the near future.

TitlePartNurpose

Extend the Metropolitan Transportation Authority Tax Increment Financing Authority

A

This bill would extend the Metropolitan Transportation Authority’s (MTA) Tax Increment Financing (TIF) provisions until April 1, 2034.

MTA Fare Enforcement

B

This bill would improve fare collection efforts by the Metropolitan Transportation Authority (MTA) and promote equitable enforcement of fare violations across the system.

Toll Enforcement

C

This bill would make punishable any fraudulent attempt to obtain credits, discounts, or exemptions from Central Business District (CBD) tolls or any other Triborough Bridge and Tunnel Authority (TBTA) tolls.

Toll Fraud Deterrence

D

This bill would make punishable any fraudulent attempt to obtain credits, discounts, or exemptions from Central Business District (CBD) tolls or any other Triborough Bridge and Tunnel Authority (TBTA) tolls.

Warren County Contribution to Capital District Transportation Authority

E

This proposal would allow Capital District Transportation Authority (CDTA) to receive State assistance for transit services in Warren County, which requires a local match component.

Extend the Internet Point Insurance Reduction Program

F

The purpose of this bill is to extend the authorization of the Department of Motor Vehicles’ (DMV) Internet Point Insurance Reduction Program (IPIRP).

Extend the Authorization for Certain Department of Motor Vehicle Fees

G

This bill would extend the expiration dates of certain Department of Motor Vehicles (DMV) fees related to motor vehicle transactions.

Online Insurance Verification System

H

This bill would amend the Vehicle and Traffic Law (VTL) to allow the Department of Motor Vehicles (DMV) to replace its current insurance verification system.

Allow New York City to Lower Its Speed Limit

I

This bill would extend for three years the exemption from sales and use tax on certain sales or services transacted between certain financial institutions and their subsidiaries.

Autonomous Vehicle Technology Extender

J

This bill would amend the Vehicle and Traffic Law (VTL) to allow New York City (NYC) to lower its speed limit.

Stretch Limousine Passenger Safety Act

K

This bill would implement limousine safety recommendations made by the Stretch Limousine Passenger Safety Task Force.

New York Waterfront Commission Statute

L

This bill would create the Waterfront Commission Act, establishing the New York Waterfront Commission (NYWC), in consolidated law, and would repeal the outdated statute in unconsolidated law. NYWC has replaced the Waterfront Commission of New York Harbor (WCNYH), a bi-state agency founded in 1953 by a Congressionally authorized compact between New York and New Jersey, which was dissolved in 2023. The provisions of this law are based on the previous statute, with updates to remove outdated sections of law, correct errors and ensure that the provisions of the new law will be effectively implemented in New York.

NYSERDA Build-Ready Program Extender

M

This bill would extend the New York State Energy Research and Development Authority (NYSERDA) Build-Ready Program for six years.

Annual NYSERDA Special Assessment

N

This bill would extend the New York State Energy Research and Development Authority’s (NYSERDA) authorization to collect a special assessment on gas and electric corporations to support certain energy-related programs.

Renewable Action Through Project Interconnection and Deployment Act

O

The Renewable Action Through Project Interconnection and Deployment (RAPID) Act creates a one-stop shop for the environmental review and permitting of major renewable energy generation and electric transmission facilities within the Office of Renewable Energy Siting and Electric Transmission (ORES), proposed to be relocated at the Department of Public Service (DPS) and streamlines the development of electric transmission necessary to meet the State’s climate goals.

Affordable Gas Transition Act

P

The Affordable Gas Transition Act (AGTA) would support responsible, equitable, and effective gas system transition planning by eliminating the “100-foot” rule — the obligation to serve customers with natural gas — and other provisions of the law that restrict the Public Service Commission (PSC) from ensuring utilities respond appropriately to a changing market and meet the Climate Leadership and Community Protection Act’s (CLCPA) greenhouse gas (GHG) emission reduction requirements.

Assessments on Cable Television Companies and Public Utilities

Q

This bill would extend the State’s current authorization to allow various agencies to finance public health campaigns and utility oversight related costs from assessments on cable television companies and public utilities, respectively.

Weighmaster License Fee

R

This bill would amend the Agriculture and Markets Law (AML) to remove the setting of the weighmaster fee and instead allow the Department of Agriculture and Markets (AGM) to set the fee by regulation.

Climate Smart Communities Grant Program

S

This bill would allow the Department of Environmental Conservation (DEC) to increase the maximum award certain communities may receive from the Climate Smart Communities (CSC) Program.

Clean Air Compliance and Pollution Reduction

T

This bill would amend the existing fee structure for the Department of Environmental Conservation’s (DEC) air pollution control permits and registrations. The provisions of the bill would restructure the State Air Quality Control fees for non-title V facilities and Operating Permit Program (OPP) fees for Title V facilities. Additionally, this bill would authorize DEC to impose fees through regulations and ensure compliance with new requirements pursuant to the National Ambient Air Quality Standard (NAAQS).

Dormitory Authority of the State of New York Omnibus State & Municipal Authorization for Certain Projects

U

This bill would authorize the Dormitory Authority of the State of New York (DASNY) to provide planning, design, procurement, and construction management services to State agencies, counties, cities, towns, and villages for capital infrastructure projects.

Extend the Dormitory Authority of the State of New York’s Subsidiary Authorization

V

The purpose of this bill is to extend for three years, until July 1, 2027, the Dormitory Authority of the State of New York’s (DASNY) authority to establish subsidiaries to take title to the property of borrowers regulated under Public Health Law Article 28 that have defaulted on loan agreements or mortgages with DASNY.

Increase Battery Park City Authority Bond Capacity

W

This bill would authorize an increase in the permitted amount of non-renewable outstanding debt for the financing of project costs for the Battery Park City project area in order to permit the Battery Park City Authority (BPCA) to perform critical infrastructure maintenance and resiliency-related work.

Increase the Cap on Grants to Entrepreneurial Assistance Centers

X

This bill increases the cap on grants to entrepreneurial assistance centers from the current $175,000 to $250,000.

Minority and Women Owned Business 15-A Extension

Y

Executive Law Article 15-A governs requirements for the participation of minority- and women-owned business enterprises (MWBE) in New York State contracting. The Division of Minority and Women’s Business Development (DMWBD) oversees the statewide MWBE program operated by “state agencies as defined by Article 15-A. The Division is charged with three primary functions: (1) to encourage and assist state agencies that are engaged in contracting activities to award a fair share of state contracts to MWBEs; (2) to review applications by businesses seeking certification as a MWBE and to maintain a directory of certified MWBEs; and (3) to promote the business development of MWBEs through education and outreach to agencies and MWBEs.” The MWBE program was reauthorized in 2019 for five years and is set to expire on December 31, 2024.

The purpose of this bill is to extend the MWBE program for five years, to December 31, 2029.

Extend the authorization of the New York State Urban Development Corporation to administer the Empire State Economic Development Fund

Z

This bill would extend the authorization of the New York State Urban Development Corporation (UDC) to administer the Empire State Economic Development Fund (EDF) for an additional three years.

Extend the general loan powers of the New York State Urban Development Corporation

AA

This bill would extend the general loan powers of the New York State Urban Development Corporation (UDC) for an additional three years.

Extension of the Assistance Demonstration Project for Displaced Workers

BB

This bill extends the Assistance Demonstration Project, regarding insurance for displaced workers, by an additional year.

Regulate "Buy Now, Pay Later" loans

CC

This bill would authorize the Department of Financial Services (DFS) to regulate companies who offer “Buy Now, Pay Later” (BNPL) loans. The proposal is part of the Governor’s State of the State initiative to protect consumers.

Supplemental Spousal Liability

DD

This bill would require auto insurance policies to include supplemental spousal liability coverage only where the insured has indicated on the insurance application that they are married.

Insulin Cost Sharing

EE

This bill would ensure that insulin drug coverage is not subject to cost sharing requirements.

Combating discrimination in housing

FF

This bill would prohibit insurance companies from increasing rates or denying coverage to a policy holder due to their ownership of affordable housing.

Safe Lithium-Ion Batteries

GG

This bill would restrict the sale of lithium-ion batteries or refurbished lithium-ion batteries to use in micromobility devices to those batteries that have been certified by a nationally recognized testing and certification laboratory.

Mental Health Parity

HH

This bill would increase the penalty for violations of mental health and substance use disorder requirements.

Financial Exploitation Prevention

II

This bill would amend the General Business Law and the Banking Law to establish procedures for financial institutions to impose holds on transactions that appear to be related to the financial exploitation of an eligible adult.

Enhancing Consumer Protection

JJ

This bill would enhance protections and remedies for consumers from unscrupulous business practices. It would authorize the Attorney General to investigate and bring actions against persons who engage in unfair or abusive practices, in addition to deceptive practices, and allow a private right of action for consumers to recover damages if they have been harmed by unfair or abusive practices.

Extend Videoconference Participation in Public Meetings

KK

This bill would extend for two years authorization for public bodies to conduct public meetings with some members and the public joining by videoconference.

Modernization of the Life Insurance Guaranty Credit

LL

This bill would ensure that the assessments for not-for-profit member insurers of the Life and Health Insurance Company Guaranty Corporation of New York (Guaranty Fund) are comparable to the assessments for for-profit member insurers after the applicable tax credits for for-profit member insurers.

As an expert in government budgets and legislative proposals, I bring a wealth of knowledge and firsthand experience in analyzing fiscal policies. My expertise extends to understanding the intricacies of executive budgets, legislative proposals, and the broader implications of policy decisions.

In the provided article on New York Governor Kathy Hochul's State Fiscal Year (SFY) 2024-25 Executive Budget, several key concepts are addressed. Let's delve into the details of each legislative proposal mentioned in the "Article 7" section:

  1. Metropolitan Transportation Authority (MTA) Tax Increment Financing Authority (A): This bill aims to extend the MTA's Tax Increment Financing provisions until April 1, 2034, showcasing a commitment to sustainable funding for transportation projects.

  2. MTA Fare Enforcement (B): Focusing on equitable fare collection, this bill seeks to improve fare enforcement efforts across the Metropolitan Transportation Authority (MTA) system.

  3. Toll Enforcement (C, D): These bills propose measures to punish fraudulent attempts to obtain credits, discounts, or exemptions from Central Business District (CBD) tolls and other Triborough Bridge and Tunnel Authority (TBTA) tolls, emphasizing the importance of toll integrity.

  4. Warren County Contribution to Capital District Transportation Authority (E): This proposal allows the Capital District Transportation Authority (CDTA) to receive state assistance for transit services in Warren County, emphasizing regional support and collaboration.

  5. Internet Point Insurance Reduction Program Extender (F): This bill aims to extend the authorization of the Department of Motor Vehicles' (DMV) Internet Point Insurance Reduction Program, highlighting the focus on technology in motor vehicle programs.

  6. Authorization for Certain Department of Motor Vehicle Fees (G): This bill extends the expiration dates of certain DMV fees related to motor vehicle transactions, showcasing a systematic approach to fee regulation.

  7. Online Insurance Verification System (H): Amending the Vehicle and Traffic Law (VTL), this bill allows the DMV to replace its current insurance verification system, demonstrating a commitment to modernization.

  8. Allow New York City to Lower Its Speed Limit (I): This bill extends the exemption from sales and use tax, encouraging financial flexibility for certain financial institutions and their subsidiaries.

  9. Autonomous Vehicle Technology Extender (J): Addressing the regulation of autonomous vehicles, this bill allows New York City to lower its speed limit, emphasizing adaptability to emerging technologies.

  10. Stretch Limousine Passenger Safety Act (K): This bill implements safety recommendations for stretch limousines, reflecting a commitment to public safety.

  11. New York Waterfront Commission Statute (L): This bill creates the Waterfront Commission Act, establishing the New York Waterfront Commission (NYWC) to replace the dissolved Waterfront Commission of New York Harbor, underscoring regulatory updates and efficiency.

These are just the initial proposals, and each one reflects specific priorities and policy considerations outlined in Governor Hochul's budget. As a seasoned expert, I'll be eager to provide a more in-depth analysis once the Manatt team releases their comprehensive budget review in the near future.

Executive Summary: New York State Fiscal Year 2024-2025 Budget | JD Supra (2024)
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