Dear Neighbor,

It has been a busy month in Albany, with over a dozen budget hearings occurring in addition to the regular legislative session. Below you will find updates on legislative activity, as well as upcoming events and other useful information.

As always, if you have any questions or need assistance, please email or call my office at [email protected] or 212-490-9535.

Best,

Liz Krueger

State Senator

Legislators Introduce New Bill To Ban CO2 Fracking

Late last month I joined several of my legislative colleagues, experts, and actor and activist Mark Ruffalo to announce the introduction of a bill (A8866/S8357) to prohibit using carbon dioxide to drill and extract natural gas and oil resources.

Since the fall of 2023, the fossil fuel industry (specifically through a Texas-based company called “Southern Tier CO2 to Clean Energy Solutions”) has been asking landowners to lease their land in the Southern Tier to extract gas by injecting carbon dioxide into the Marcellus shale formation, the same area where they had tried to frack previously.

Almost a decade after New York historically led the nation and protected public health and the environment by banning high-volume hydraulic fracking, the gas industry is proposing to use an experimental and dangerous method of shale gas extraction. Currently, the state’s law banning fracking prohibits the use of water to extract the gas. The industry’s push to get around our state’s fracking ban is to use CO2, which poses many of the same threats to our water, health, and climate. 

More than 90 environmental, public health, and community organizations previously released a letter to Governor Hochul, Senate Majority Leader Stewart-Cousins, Speaker Heastie, and DEC Commissioner Seggos calling for a ban on CO2 fracking. The proposed plan to transport waste CO2 to New York from other states, drill and inject high-pressure CO2 to release sequestered methane, and build new gas-fired power plants is reckless and would perpetuate reliance on fossil fuels. As countless scientific studies about drilling and fracking demonstrate, fractures are not controllable and could cause the CO2 as well as naturally occurring radioactivity in the shale to migrate, threatening to contaminate our drinking water. 

High pressure CO2 is itself very dangerous, and ruptured pipelines can result in asphyxiation. This was tragically illustrated in Satartia, Mississippi when a CO2 pipeline exploded, leading to mass CO2 poisoning that left 45 people hospitalized. Additionally, high pressure CO2 injection underground poses significant risk of earthquakes.

The organizations have noted that they are deeply concerned that the proposal would violate New York’s nation-leading climate law, the Climate Leadership and Community Protection Act (CLCPA). Studies show that drilling and fracking operations and infrastructure are inherently leaky, releasing methane that is disastrous for the climate along with air pollutants that endanger public health. Drilling and fracking for fossil fuels, along with pipelines, gas plants, truck trips, and other infrastructure, is contradictory to the CLCPA.

Fracking is a bad idea, full stop. Injecting incredibly dangerous concentrated CO2 into the ground and hoping to never have to think about it again is like a kid saying they've cleaned their room by shoving it all under the bed. The solution to the climate crisis is to stop emitting greenhouse gases, not to use one greenhouse gas to help you extract another one from the ground. We don't need this ridiculous idea damaging our land, our water, and our people's health and offering more false solutions to the greatest challenge of our time.

Earlier this month the Senate passed a bill that I carry, S.2449, that helps to address age discrimination in the hiring process by prohibiting an employer, licensing agency or employment agency from requesting or requiring that a prospective employee disclose his or her age, date of birth or date of graduation.

According to the US Census, over the past decade, the number of New Yorkers aged 50 and over increased by 13 percent, making up a larger share of the state's population than ever before. After 50, many older adults find it challenging to find a job, but some want to continue working, and others need to work to make ends meet.

However, age discrimination is a significant factor in preventing older adults from finding jobs,and staying employed. Older adult advocates and legal experts familiar with age discrimination litigation believe prohibiting employers from asking

about a job applicant's age and graduation dates during the hiring process are important first steps to eliminating age discrimination in hiring. A 2018 study of age discrimination by the U.S. Equal Employment Opportunity Commission stressed the importance of hiring and retention practices in addressing age discrimination.

Asking someone's age is the easiest way to discriminate against hiring older people. Age is just a number, and does not predict if a person is qualified for a job and has the requisite skills needed to perform a job well. Furthermore, since an increasing number of job applications are submitted online, asking for a date of birth or graduation dates allows employers to easily identify and omit older applicants from

the qualified applicant pool if they wish to do so.

Older adults make great workers. This bill, if passed by the Assembly and signed by the Governor, will be a win for older workers, for employers, and for the economy as a whole.

This month the Albany Times-Union carried an op-ed I authored on the need to do more to fight sex trafficking and help sex trafficking victims. New York State has received a failing grade for the past three years on our report card on sex trafficking policies from the organization Share Hop International.

In the op-ed, I argue that one critical action we can take is to pass my Sex Trade Survivors Justice & Equality Act. The bill applies the Equality Model framework, also known as the Nordic Model, to reduce demand for sex buying by decriminalizing people in prostitution and related offenses, while holding exploiters such as sex buyers, pimps and traffickers responsible for the harms they cause.

We have an opportunity in New York to implement smart, evidence-based policy that will help survivors of prostitution rebuild their lives. After receiving an F on our report card, we must take action now – and passing the Sex Trade Survivors Justice & Equality Act is one critical step in the right direction.

Up to three casinos could open in New York City in the coming years and five casino proposals are being discussed in Manhattan. Are you wondering how that would impact you and your neighborhood?

Last week I hosted a virtual town hall on the “Impact of Casinos on Urban Communities.” We heard from experts about the casino siting process in New York City, the fiscal and economic impacts of gaming institutions, and their impact on individuals, businesses, and the surrounding community. The event was co-sponsored by local elected officials who may be involved in the casino siting process depending on which casino applications are ultimately submitted, including Senators Brad Hoylman and Kristin Gonzalez, and Assemblymembers Alex Bores, Tony Simone, Harvey Epstein, and Linda Rosenthal.

Earlier this month I released the following statement regarding the announcement from State Comptroller TomDiNapoli of several climate-related actions that the Common Retirement Fund will take, including only partially divesting from ExxonMobil despite the company failing to meet the Fund's minimum standards for climate transition readiness:

“Although I am pleased to see Comptroller DiNapoli continuing to demonstrate leadership and climate realism in certain investment areas, I am disappointed in the shortsightedness of the decision not to fully divest from Exxon, let alone the other oil majors that continue to actively drive humanity over the climate cliff. Exxon did not even meet the extremely low bar of the Comptroller’s minimum standards for climate transition readiness, yet the pension fund will continue to hold more than half a billion dollars in this incredibly risky company.

“Last year – once again the hottest year on record – New Yorkers suffered deadly storms and floods, and apocalyptic, yellow, smoke-filled skies, in what was just a small foretaste of what the climate crisis will bring in the decades to come. In September, the Secretary General of the United Nations described the ever-increasing number of extreme weather events by saying that ‘humanity has opened the gates of hell.’ That is the grim reality. The time for half-measures is long past.

“Last year the Comptroller’s office released a report that found that from 2018 to 2028, 55% of New York localities' municipal spending outside of New York City was or will be related to climate change. Those same municipalities – and their taxpayers – are contributing to the state pension fund, and the Comptroller in turn is investing their money in the very companies that are causing the crisis. It is wrong, and does not serve the interests of current or future beneficiaries of the Fund.

“However, in spite of his failure to divest from Exxon and other oil majors, the fact remains that Comptroller DiNapoli has taken a much more responsible approach to the climate crisis than many comparable fiduciaries who have failed to act at all. Expanding the Fund’s sustainable investment goal to $40 billion, including a doubling of climate index investments to $14 billion, is responsible leadership that acknowledges the triple bottom line. Continuing the review process that has led to substantial divestments from coal, tar sands, and fracking companies, and which will now examine utilities, is critical to demonstrating the seriousness of the Comptroller’s groundbreaking goal of a net-zero portfolio by 2040.

“There’s no question that we all have a lot more work to do, particularly those of us in the Legislature. I continue to urge Comptroller DiNapoli to match his ambition to the moment; the seemingly reasonable excuses that justify incrementalism today will ring hollow to our grandchildren suffering from the irreversible consequences of our inaction.”

Earlier this month I had the honor of being invited to speak at Temple Emanu-El's Reproductive Rights Shabbat, about the critical and growing necessity of protecting the reproductive rights of New Yorkers and all Americans, particularly from my perspective as a Jew. Thank you again to Temple Emanu-El for giving me such a meaningful opportunity.

Editorial on my Database of Deals Legislation

This week the Senate Finance Committee moved a bill I carry that would create a searchable database regarding economic development projects that outlines the aggregate amounts of State investments in economic development projects statewide, the benefactors of these investments and the number of jobs businesses

created or retained as a result of this development assistance.

New York State invests billions of dollars in economic development projects each year, regularly in the form of grants, loans or tax expenditures. However, it is difficult to ascertain the extent and effectiveness of this spending because the responsibility of granting this development assistance is spread across several State entities. In the 2022 State Budget, a database of deals was created for the public to have a resource to search this information. Unfortunately, the Authorities Budget Office and Industrial Development Agencies were not included in this initiative. This bill would require participation in the Statewide programs and would create easily accessible searchable databases for the public's access.

Independent Audit of New York State Tax Incentives

Earlier this month, I joined Senators James Skoufis and Sean Ryan to announce the completion and public release of a long-awaited, independent audit of New York State tax incentives. 25 tax credits and economic development programs were studied across various industries, including entertainment, real estate and land use, employment and investment, labor, and more.

The Legislature was able to include a provision in the 2022-2023 state budget to conduct a first-of-its-kind, comprehensive audit of the state’s major taxpayer-funded incentives and corporate subsidies. The 359-page report highlights which programs provide a strong return on investment to taxpayers as well as those that return as little as two cents to taxpayers for every dollar the state invests.

This groundbreaking audit is just the tip of the iceberg in terms of the information we should have on economic development spending in our state, yet it has the potential to change the conversation around how we balance our budget. We simply should not be wasting taxpayer money on programs that do not provide a fiscal or other benefit to New Yorkers, or those that make grand promises of jobs but serve only to line the pockets of a small number of individuals. I look forward to working with my colleagues on the next steps to build on this information.

From Congressman Nadler's Office:

Tax season is upon us again and this year, Tax Day is April 15th. Below you will find information and resources that you can use to prepare.

Create an IRS Individual Online Account

Over the past year, the IRS has rolled out an enhanced IRS Individual Online Account that includes chat, the option to schedule and cancel future payments, revise payment plans, and validate and save bank accounts. As before, you can also access your individual account information including balance, payments, tax records and more.

IRS Direct File Pilot Program

In 2024, the IRS is introducing a new Direct File pilot program in certain states, and New York is participating. If you are eligible, you can electronically file your 2023 federal tax return for free directly with the IRS. The Direct File pilot doesn't prepare state returns. However, the Direct File pilot guides you to a state-supported tool you can use to prepare and file your state tax return. Find more information on eligibility and how to participate here. The IRS has not yet announced the program’s opening date.

Free Tax Preparation Resources

• Free File
• Many people can file electronically for free. The IRS Free File program offers brand-name tax preparation software packages at no cost.
• The software does all the work of finding deductions, credits and exemptions. It‘s free for those who earned $79,000 or less in 2023. Some of the Free File packages also offer free state tax return preparation.
• Taxpayers comfortable filling out tax forms electronically, can use Free File Fillable Forms, regardless of income, to file their tax returns either by mail or online.
• VITA & TCE
• The IRS's Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly (TCE) programs offer free basic tax return preparation to qualified individuals. You may qualify if you are elderly, disabled, speak limited English, or are a taxpayer who earns less than approximately $60,000 annually.
• The VITA Locator Tool will help you locate an open VITA site near you. There are also virtual options available for those who are unable to go to a VITA site in person.

Once your return is submitted, you can check the status of your refund using the IRS Where's My Refund? tool. The status is available within 24 hours after the IRS receives your e-filed tax return or up to 4 weeks after you mailed a paper return. The “Where’s My Refund?” tool updates once every 24 hours, usually overnight, so you only need to check once a day.

Social Security Recipients

The Benefit Statement, also known as the SSA-1099 or SSA-1042S, is a tax form that the Social Security Administration mails each year in January to people who receive Social Security benefits. It shows the total amount of benefits you received in the previous year, so you know how much Social Security income to report to the IRS on your tax return. If you misplace your Benefit Statement, you can instantly get a replacement form with a personal my Social Security account. Replacement tax forms for the previous tax year are generally available beginning February 1st of each year.

IRS Penalty Relief

In December, the IRS announced that approximately 4.7 million individuals, businesses and tax-exempt organizations that were not sent automated collection reminder notices during the pandemic will automatically receive penalty relief. Due to the COVID-19 pandemic, the IRS temporarily suspended the mailing of automated reminders to pay overdue tax bills starting in February 2022. These reminders would have normally been issued as a follow-up after the initial notice. Although these reminder notices were suspended, the failure-to-pay penalty continues to accrue for taxpayers who did not fully pay their bills in response to the initial balance due notice. The IRS is taking steps to waive the failure-to-pay penalties for eligible taxpayers affected by this situation for tax years 2020 and 2021 and has adjusted eligible individual accounts and business accounts. The accounts of trusts, estates, and tax-exempt organizations will be adjusted in February and March 2024.

Keep Your Personal Information Safe

With tax season starting, millions of Americans will be targeted by tax scams. Here are some tips to keep your personal information safe and be alert to scams this tax season:

• Taxpayers should be alert to potential fake emails or websites looking to steal personal information. The IRS will never initiate contact with taxpayers via email about a tax bill or refund.
• Don't click on links claiming to be from the IRS.
• A common tax scam involves bogus threatening phone calls from a scammer claiming to be with the IRS.
• However, IRS employees will NOT:
• Call you with threats of jail or lawsuits
• Contact you to demand an immediate payment
• Send you an unsolicited email suggesting you have a refund or that you need to update your account
• Tell you that your Social Security number has been suspended
• Promise a Social Security benefit approval, or increase, in exchange for information
• Ask you for credit or debit card numbers over the phone
• Require a specific means of debt repayment, like a prepaid debit card or gift card
• If you receive a suspicious call or are unsure of the identity of someone alleging to be from a federal agency, hang up and do not provide personal information or payment.

If you are an identity theft victim and your tax account is affected, review the steps you need to take at the IRS Identity Theft Central.

If you earned $85,000 or less in 2023, file for FREE with an IRS-certified VITA/TCE volunteer preparer. The deadline to file a tax return for your 2023 taxes is April 15, 2024.

For more information, visit https://www.nyc.gov/site/dca/consumers/file-your-taxes.page.

Extended Deadline for Retroactive Requests for Replacement of Skimmed SNAP and/or Cash Benefits

Eligibility for replacement of SNAP and/or Cash Assistance benefits remains the same as initially described here. However, timeframes in which a household can submit an application for replacement of stolen benefits are being extended as follows:

• Applications for SNAP benefits stolen between October 1, 2022, and August 20, 2023, and Cash Assistance benefits stolen between January 1, 2022, and August 20, 2023 (retroactive claims) can now be submitted through April 1, 2024. The original retroactive claim application deadline was extended from October 31, 2023, to December 31, 2023, and has now been extended to April 1, 2024.  
• All other applications must be submitted within 30 days from the date the household discovered the theft. 

Note: Households whose SNAP benefits were stolen between October 1, 2022, and August 20, 2023, or TA cash benefits stolen between January 1, 2022, and August 20, 2023, who do not apply before April 1, 2024, still have the option to apply for replacement as long as the application is submitted within 30 days from the date the household discovered the theft.

This updated application deadline is effective retroactively to January 1, 2024. Applications for retroactive claim reimbursement submitted on or after the previous deadline will be considered against this new deadline. Any retroactive claims denied for untimely filing during this time will be reconsidered.  

If you have had your benefits stolen, click here to learn more and submit a claim.

New Common Benefit Identification Card (CBIC)/ Electronic Benefits Transfer (EBT) Card Lock Feature

Households will now have the ability to lock their EBT card, which prevents their Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance (TA) cash benefits, or Home Energy Assistance Program (HEAP) benefits issued as cash to a household, from being accessed. Cardholders must then unlock the locked card to make a purchase using their SNAP or cash benefits. This new feature is intended to be used as a tool to help prevent theft of benefits through skimming or other fraudulent methods. Locking and unlocking the EBT card has no impact on Medicaid or other benefits issuances, including restricted payments directly to a landlord, utility, or other vendor. The card lock feature will roll out in multiple phases over the course of the next three months as described below.

The locking feature cannot prevent card information from being skimmed if a household’s card is used on a compromised device. However, if a card remains locked, remote fraudulent use of stolen information would be greatly restricted, limiting vulnerability to theft only at the time during which a household’s card is unlocked for purchasing.

While card locking cannot completely prevent theft of information via skimming devices or other fraudulent methods, households whose EBT cards remain locked when not in use have a significantly lower chance of having their benefits stolen.

Implementation

Phase 1: As of February 20, 2024, households will have the ability to lock and unlock their cards via the ConnectEBT mobile application (available on the: Google Play Store and Apple App Store). Cardholders must have a ConnectEBT account. If they have not already created an account, they can set one up using the mobile app. The cardholder must have activated their EBT card to access the lock/unlock feature. On the ConnectEBT mobile app home screen, a radio button will allow the cardholder to lock or unlock the card with one click. During this initial phase of the card lock rollout, the only option available to households will be to completely lock the card, preventing purchases, balance inquiries and most other transactions until the card is unlocked. Cardholders will receive an email immediately upon locking or unlocking their card, confirming the action they took. 

Phase 1 will also allow cardholders to call the ConnectEBT helpline at 1-888-328-6399 to check the lock/unlock status and speak to a representative to unlock the card (only the unlock function is available through the helpline). 

Clients can lock their EBT card when it is not in use and then unlock the card to make a purchase by following these four simple steps:

1. Open or download the ConnectEBT app on their mobile device (available on the: Google Play Store and Apple App Store).
2. Securely log in to their account.
3. Tap the new “Lock/Unlock Card” icon on the home screen.
4. Select “Lock My Card Everywhere” and click “OK.”

Phase 2: The complete card lock functionality will be expanded to the web-based ConnectEBT New York EBT client portal. In addition to the ConnectEBT mobile application, households will have the ability to perform the same locking and unlocking functions via their internet browser at www.connectebt.com/nyebtclient/. Phase 2 is expected to be completed within three months of Phase 1 and we will provide notification when it becomes available.

Phase 3: An additional, and separate, locking feature to both the mobile application and the web-based client portal will be available, allowing households the option to lock their card for out-of-state transactions. Selecting this option will block all out-of-state transactions but continue to allow in-state transactions. Phase 3 is also expected to be completed within three months of Phase 1.

New Cards

When a new card is ordered, the system does not retain the locked status of the previous card and all new cards are issued unlocked regardless of whether the prior card was locked or not. Therefore, if the cardholder would like the new card locked, they must lock it. Households should be encouraged to lock their new cards immediately after selecting a Personal Identification Number (PIN). The EBT card carrier, included in new card mailings, will contain information about the card lock feature.

Transaction Types

The most common transactions that are rejected when a card is locked include: all purchases, balance inquiries, ATM withdrawals (TA cash benefits) and in-person returns/credits that require a card to be swiped.

The most common transactions that are still allowable when a card is locked include: returns/credits made online, and changes to an existing PIN.

In December, the MTA announced details of a public comment period of the tolling structure that has been proposed for Central Business District Tolling, New York’s congestion pricing program. The agency will accept written and audio comments and will hold four hybrid virtual/in-person public hearings in February and March.

The proposed tolling structure is available online. It is modeled on recommendations made by the Traffic Mobility Review Board on Nov. 30.

Through Monday, March 11, 2024, members of the public may submit written comments online and by email, mail and fax, and may submit audio comments by leaving a voicemail message. All comments will be recorded and submitted for review.

Online: https://contact.mta.info/s/forms/CBDTP  

Email: [email protected]  

Mail: CBD Tolling Program, 2 Broadway, 23rd Floor, New York, NY 10004  

Phone: 646-252-7440  

Fax: Send to (212) 504-3148 with Attention to CBDTP Team.

The hearings begin on Thursday, Feb. 29, and conclude on Monday, March 4. Members of the public who wish to speak at the hearings are required to register in advance online, by calling the Public Hearing Hotline at (646) 252-6777, or in person. Registration will open one week before the start time of each hearing and will close 30 minutes after the beginning of the hearing. Speakers will be provided two minutes to speak. The hearings will be hosted in person at 2 Broadway, New York, NY 10004 in the William J. Ronan 20th Floor Board Room. People may also register to participate remotely via Zoom or telephone.

The hearings will be accessible online at mta.info/CBDTP at these dates and times:  

• Thursday, Feb. 29, at 6:00 p.m.
• Friday, March 1, at 10:00 a.m. 
• Monday, March 4, at 10:00 a.m.
• Monday, March 4, at 6:00 p.m.  

Each public hearing will be livestreamed on the MTA YouTube channel at https://www.youtube.com/mtainfo and on the project website: mta.info/CBDTP.

Next Steps

The Central Business District Tolling Program was mandated by the State of New York in April 2019 and modeled on urban congestion pricing programs around the world to reduce traffic congestion and raise needed revenue to improve public transportation. Other cities around the world that have similar programs have also experienced improved air quality.

Following the public comment period, MTA Bridges and Tunnels (known legally as the Triborough Bridge and Tunnel Authority) will review the public comments. Then its Board, which is coterminous with the MTA Board, will consider adopting a ratemaking regulation that includes any updates that may follow the public comment period.

As with any proposed toll ratemaking, this public comment period is being conducted in accordance with the State Administrative Procedure Act.

Reservations are now open for Spring 2024 field trips at the 9/11 Memorial and Museum. Beginning January 16, they'll offer interactive on site and virtual programs that help students understand what happened on 9/11 and its ongoing relevance today.

Thanks to public funds from the New York City Department of Cultural Affairs in partnership with the City Council, both on site and virtual field trips are FREE for New York City schools. Proof of eligibility will be determined using a school’s zip code and subsequently confirmed by Museum staff.  

To plan your on-site student field trip to the Museum, fill out a booking request form. To schedule a virtual field trip, visit their Virtual Field Trips page. Space is limited for all programs, and requests will be processed on a first-come first-served basis. Programs are appropriate for students in grades 3 through 12.