Caution needed in crafting state budget

State budget negotiations are going down to the wire in Albany, and it is unlikely the April 1 deadline will be met, especially when thorny policy issues and the matter of raising taxes remain undecided. The biggest concern is how to prepare a spending plan when the Trump administration and the Republican-controlled Congress are seeking to slash new program funding and hold back dollars already allocated. As of now, Gov. Kathy Hochul's proposed budget counts on $91 billion in aid from Washington, much of it earmarked for Medicaid and education. 

The smart strategy for New York is to presume a lot of federal aid will evaporate. Hochul and legislative leaders should design a bare-bones overall plan while stockpiling state revenues as much as possible into reserves. Better to prepare earlier than have to cut later because assumptions proved too rosy. Overtaxed New Yorkers should not need to fork over any more. 

It looks like the state will restrict cellphone use during the school day. But that legislation must include substantial flexibility for local districts, for which we have previously advocated. Funding for essential Long Island projects in the Metropolitan Transportation Authority's capital plan remains in doubt.

The political habit of jamming non-fiscal policy issues into the budget unfortunately won't end this year.

PUBLIC MASKING BAN

Such a difficult civil rights issue deserves a full-scale debate to determine what problem Gov. Kathy Hochul wants to address other than political expediency. Stuffing such a measure into the complex state budget would give lawmakers cover for their votes. Nonetheless, our long-standing position is that wearing masks should be criminalized only when that's done in the commission of another crime such as trespassing, destruction of property, or assault. That would keep the focus on punishing those who are trying to avoid detection while breaking the law, whether during a burglary or campus protest. And it would reduce random stops by police of those who are legally exercising their free speech rights. Choosing to be anonymous during a lawful protest can be a form of symbolic speech.

ENVIRONMENT

Advocates are seeking to build on recent funding successes. That includes increasing the state Environmental Protection Fund from $400 million to $500 million and Clean Water Infrastructure Act funding from $500 million to $600 million, and a smaller program of particular interest on Long Island, the South Shore Estuary Reserve, from $2 million to $5 million. Given the importance of these programs to our region, and the value Long Islanders have always placed on environmental protection, increased funding would be wise even in a difficult budget year.

CRIMINAL JUSTICE

District attorneys around the state have complained of unreasonable hurdles in criminal cases since 2019 when New York changed its discovery law, which mandates what materials prosecutors must hand over to the defense, and when. Hochul includes the long-sought changes in her budget proposal that she says would "ensure procedural fairness, shorten case processing times, reduce the length of pretrial incarceration, and safeguard sensitive and personal information belonging to witnesses."

Contrary to the lobbying rhetoric of legal-aid attorneys — who blame authorities for minor technical transgressions that sometimes tank prosecutors’ cases — these amendments don’t seem to scrap protections for the accused, only calibrate them to make it easier to meet discovery deadlines.

In a letter to the Senate and Assembly last week urging support of the proposal, the state district attorneys' association says: "The current system results in cases being dismissed on technicalities. The discovery proposal in the Governor’s proposed budget would ... streamline case processing time while also ensuring that defendants are provided with the information that they need to defend themselves."

MENTAL HEALTH

Hochul wants to expand the law permitting involuntary hospital commitment of those who live on the streets and in other public places. This change would allow local governments to provide medical care to homeless people who are deemed at substantial risk of harm because of their inability to handle their own basic needs including food, shelter and medical care, and who refuse offers of assistance.

Hochul's proposal also would make it easier for facilities to hold people longer to ensure they receive proper psychiatric treatment. Balancing this broader authority with an individual's civil rights is always a concern, so there must be clear legal recourse to prevent random sweeps of people who have no homes. To avoid a frustrating revolving door of patients, quality treatment after discharge should be funded, including supportive housing. Something needs to change — for those who need help and to improve the quality of life in New York City and its suburbs. 

BOTTOM LINE

At Hochul's insistence, the state wisely has built up its reserves, now totaling $21.1 billion. It looks like New York will need to start tapping into it, but leaders should do so cautiously with future fiscal years in mind, not to sidestep tough decisions.

Lawmakers, now paid a best-in-nation $142,000 per year, should be prepared to react quickly — even if that means returning swiftly to Albany later in the year — to adjust to any crises that the coming federal funding chaos may cause.