State budget approval expected to be late, but progress reported

ALBANY — Gov. Kathy Hochul’s first attempt to deliver a state budget will come up late after hitting a rough patch over 11th-hour proposals on bail and an NFL stadium for the Buffalo Bills.

As a result, lawmakers will miss the midnight Thursday deadline for an on-time budget.

But they said Wednesday that they’re closing in on a roughly $216 billion spending plan that could be approved in coming days and cover a host of issues:

Amending the state bail law, suspending gasoline taxes for a temporary period, replacing the state ethics board and accelerating bidding for new downstate casinos.

An environmental bond act, expanded child care and prekindergarten funding, and a greenlight for remodeling Belmont Park racetrack are all part of the mix as Hochul, a Democrat, negotiates with the Democratic-dominated State Legislature. It’s unclear if a Hochul proposal to give developers incentives to create affordable housing has enough support to be included.

Friday marks the start of New York’s 2022-23 fiscal year, but the logjam of issues appears to be pushing the likelihood of voting on a plan into next week.

“The vast majority of important issues seem to still be open,” said Sen. Jim Gaughran (D-Northport).

Assemb. Catherine Nolan (D-Queens), now in her 38th year in the Assembly, was more optimistic. She said thorny policy issues continue to be in play, but Hochul “has really taken the temperature down” compared with past years’ white-knuckle negotiations under former Gov. Andrew M. Cuomo, who resigned in August amid sexual harassment allegations.

That should lead to a deal soon, Nolan said, but noted that in the final days of Albany budget talks “something always comes out of left field.”

Among the key issues gaining support are:

Amending bail law

Lawmakers are looking for compromises on a few elements of Hochul’s public safety plan, especially lowering the number of guns possessed for certain charges to be bail eligible.

Another proposal would allow judges to set bail for a defendant who has been charged with multiple offenses within 18 months even if none of the individual charges are serious enough to have warranted bail restrictions. The most liberal bloc of the Legislature opposes any changes.

Gasoline tax

Republicans started the push to suspend the state’s gas taxes, which now has widespread support. The lingering policy question has been whether to do a straight suspension of the price at the pump or issue rebate checks to car owners, a path California is pursuing.

State taxes add 33.5 cents to the cost of gallon. Local sales taxes — often 4% or more — add another 20 cents if gas is going for $5 per gallon. Counties would have to agree to suspending the local tax.

Casinos

Bidding for three new downstate casino licenses wasn’t supposed to begin till 2023, but Hochul wants to move it up a year. Negotiations in recent days have focused on creating a way for local communities to have input — to object and possibly block a casino. The Senate has proposed a minimum fee to get a license at $1 billion.

Ethics board

Hochul wants to replace the Joint Commission on Public Ethics, a panel created by Cuomo which has been criticized for its lack of independence from the former governor. Law school deans or their designees would run a new ethics board under Hochul’s proposal. But legislators are vying to have a role in making appointments — an idea good-government groups oppose. Direct appointments would lead to a lack of independence and will to hold elected officials accountable, they said.

Belmont bonding

The New York Racing Association is seeking state approval to borrow money, by issuing $450 million in bonds, to upgrade seating and other features at Belmont. Key lawmakers haven’t objected to the substance — after all, the state wouldn’t be providing the money. But they are irked the Hochul administration threw the idea in the negotiating mix just days before the budget deadline.

Buffalo Bills stadium

Hochul, a Bills fan and Buffalo native, announced a deal with the NFL team for a new stadium, with taxpayers footing about $850 million in costs. Then, she announced a settlement with the Seneca Nation over casino revenues netting the state $418 million, which she said would be used to offset the stadium costs.

A number of legislators want to pump the brakes, saying they haven’t agreed to anything. Gubernatorial rivals have criticized Hochul’s plan for the use of taxpayers’ dollars and a lack of transparency. But officials said it was still on track to be part of larger budget agreement.

Kendra’s Law

The law can be used to force a person into mental health evaluations and services if she or he isn’t taking prescribed medications. It was adopted after a mentally ill person shoved another person in front of a subway train. Hochul’s proposal would provide some greater leeway to get these people back into treatment, but she has faced oppositions from advocates of the mentally ill.