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Thursday, April 2, 2020

NY: New budget permanently bans hydrofracking in New York

TAKEN FROM HIGHLIGHTS OF NYS FY 2021 BUDGET

Permanently Banning Hydrofracking:
The Enacted Budget codifies Governor Cuomo's ban on the Department of Environmental Conservation approving permits that would authorize an applicant to drill, deepen, plug back or convert wells that use high-volume hydraulic fracturing as a means to complete or recomplete a well. In addition, it places a moratorium on future gelled propane hydrofracking applications until the Department can conduct an analysis of the impacts of this completion method. Gov. Cuomo says this will protect the health of New Yorkers and ensuring permanently that "our environment is not harmed by this practice."   

Other highlights include:
Funding for State Police Hate Crimes Task Force: The State Police Hate Crimes Task Force was established by the Governor in the 2018 to address the increase in bias-motivated threats, harassment and violence throughout New York State. The FY 2021 Enacted Budget includes $2 million to support the Task Force's ongoing work, and to bolster the monitoring of digital media which promote violence, intolerance, selling of illicit substances and terrorism.

Removing Guns from Domestic Abusers: The FY 2021 Enacted Budget authorize law enforcement to remove guns from the scene of a domestic violence incident.  It would also establish a domestic violence misdemeanor to ensure abusers lose access to firearms immediately upon conviction. Further, it would authorize law enforcement officers to seize weapons from the home of an individual who becomes subject to a protective order arising out of a domestic dispute.

Banning Fentanyl Analogs: The FY 2021 Enacted Budget explicitly designates certain fentanyl analogs as controlled substances in New York State. This gives police and law enforcement the authority to prosecute the manufacturing, sale and distribution of these drugs to the fullest extent of the law. The measure also gives the State Department of Health Commissioner the authority to add additional analogs to the list of controlled substances, enabling the State to stay in front of these deadly substances as they appear on the market.

Adjustments to 2019 Criminal Justice Reform Law: The budget also makes adjustments to the 2019 bail reform law that addressed inequities in the criminal justice system. The budget clarifies the 2019 law to make sure judges know all the options available to them with respect to non-monetary conditions for release; enhances the options upon which a judge can condition release, including mental health referrals and requirements to attend counseling; and it adds several offenses that can be bail eligible, including sex trafficking offenses, money laundering in support of terrorism in the 3rd and 4th degree, child pornography offenses, repeat offenders, and those who commit crimes resulting in death.  Read more highlights HERE.