The $220B state budget: What's in and what's out

ALBANY — The State Legislature approved a $220 billion state budget early Saturday morning that spends generously on schools, roads, universities, health care and all the usual items government funds.

But the plan also addresses many of the high-profile and controversial items in the 2022 legislative session. And there were some that fell by the wayside. Here’s what to know about what’s in and what’s out:

6 things in

Criminal justice

Lawmakers, under pressure over crime, agreed to more changes to the landmark 2019 overhaul of bail laws. Three years ago, lawmakers changed the laws to eliminate bail for most misdemeanors and nonviolent felonies.

This year, Gov. Kathy Hochul, a Democrat, persuaded the Democratic-led legislature to give judges more discretion to set bail in some cases.

For example, more crimes involving guns will be bail-eligible. Defendants under age 18 could be held on bail on certain gun charges. Also, a judge could set bail on a person who has been charged with multiple offenses in an 18-month period, even if none of those offenses were bail-eligible under the 2019 overhaul.

“We are now for the first time going to allow judges to set bail for gun charges that were previously subject only to release,” Hochul said, adding that judges can consider a person’s criminal history. She said: “We’re also going to be looking at the bail and arrest eligibility for repeat offenders and any crimes, repeat offenses, with harm to a person or property.”

Republicans, who want a full repeal of the 2019 law, called the changes minor and insufficient.

Progressive groups and defense attorneys decried the change as an unfair rollback. They point out statistics showing very few (2%) of defendants released without bail are rearrested for violent crimes and note major cities and states have experienced crime spikes since the pandemic began.

Gasoline taxes

What began as a call for a full suspension of state and local gas taxes — roughly 50 cents per gallon at today’s prices — ended up as smaller fare.

Lawmakers agreed to cut 16 cents out of the 33.5 cents in state taxes applied to every gallon. A source said this was because lawmakers wanted to cap the hit on state funds at roughly $500 million.

Lawmakers also agreed to give counties the option of suspending or capping the local sales tax — typically 4% — applied on gas. Some believe it’s doubtful many counties will agree to forgo a key source of revenue.

So in the end, you might get just $1.60 off that 10-gallon fill-up. The tax suspension will run from June 1 to Dec. 31.

Downstate casinos

Lawmakers agreed to start the process for siting three downstate casinos (Westchester County and south) this year instead of waiting until 2023.

Alcohol to go

The budget renewed, for another three years, a popular pandemic initiative: Drinks to go from restaurants and bars. It will allow businesses that serve alcohol on-premises to offer it to go, as long as the purchases include a “substantial food item.” Beverages must have a secure lid or a seal, according to the bill.

Buffalo Bills stadium

Hochul reached a deal with the NFL amid state budget negotiations and threw the issue into the pot, upsetting some Democrats and Republicans about the size of the state’s subsidy, $600 million, when the money could be used for other purposes.

But Hochul soothed some of the anger when she announced a $418 million settlement with the Seneca Nation over casino revenues, which she earmarked to cover the bulk of the state’s stadium obligation.

Health care, child care

The deal included $7 billion for home care workers, which officials said would provide a $3 an hour raise. It gave $1.2 billion in bonuses to keep health care workers in the industry. It boosted child care subsides by another $7 billion over four years.

But a related proposal to allow children of people who are in the country illegally to be eligible for child-care subsidies was omitted.

3 things out

421-A

It’s the government jargon for an obscure but lucrative tax break for developers. It has helped build some prominent New York City buildings, generated a slew of campaign contributions from the real estate industry and played a role in a series of political corruption trials over the last decade.

Hochul wanted to revamp and rename it. Legislators, noting the incentive doesn’t expire until June, refused and said the issue can be addressed later.

Clean slate

Progressives were pushing for this measure, which would seal some felony records seven years after a person’s conviction and some misdemeanors after three years. Supporters say it would make it easier for people to find jobs and housing after completing their sentences.

But the political winds aren’t with liberal criminal justice initiatives this year in Albany.

All-electric buildings

Democrats in the State Senate backed a proposal to mandate for all new construction under seven stories to incorporate all electric heating, geothermal heating systems or new heat pump systems by January 2024. It would have prohibited building permits for homes and offices under seven stories that planned on using gas or fuel oil heat.

Proponents said it would help the transition to cleaner energy. Opponents said the timetable was not feasible, among other issues.

By Yancey Roy

yancey.roy@newsday.com@yanceyroy