The News

Nearly three weeks have passed since the April 1 deadline for a state budget, and leaders in Albany still seem to have a ways to go.

Each year, New York’s spending is negotiated behind closed doors by the governor, Senate majority leader and Assembly speaker. And while all three are Democrats, that does not mean they agree — particularly on issues of policy.

Governors have tended to use the budget to shoehorn in nonfiscal initiatives, and Gov. Kathy Hochul is no exception. She wants to include fundamental changes to the state’s criminal justice and housing policy in the budget, but disagreement over those proposals has led to the most delayed budget in more than a decade.

Context: Bail and Housing Are to Blame

For the second year in a row, Ms. Hochul has requested changes to the state’s bail laws that would make it easier for judges to detain people before trial. Once again, her proposal met stiff opposition in the Legislature, with Democratic opponents saying that the change would unfairly penalize the poor.

Even so, leaders are reportedly close to an agreement that would allow judges to set bail even if they did not believe there was a flight risk, according to two people familiar with the discussions. The arrangement would mean that judges would no longer need to choose the “least restrictive” means necessary to make sure defendants returned for court dates. But lawmakers have seemingly agreed to leave intact most of the 2019 changes to the state bail law that made the vast majority of misdemeanors and nonviolent felonies ineligible for bail.

Ms. Hochul has also outlined an ambitious proposal to spur the construction of 800,000 homes statewide. But her plan, which would have set local growth targets and authorized the state to mandate housing in localities that failed to meet goals, met strong opposition from lawmakers, particularly in the Assembly.

And while some Albany observers have surmised that Ms. Hochul has given up on imposing such mandates, she has remained publicly skeptical that incentives alone will the spur the volume of construction necessary to meet the housing needs of New York. Other housing issues, such as extended tax rebates for developers, and creative rezoning that could boost supply, are still on the table.

Why It Matters

Ms. Hochul has repeatedly said that a good budget is better than an on-time budget. Indeed, this is far from the latest negotiations have run: The budget wasn’t passed until early August in 2010, just days short of the record set in 2004, when it passed on Aug. 11.

State workers will continue to receive their paychecks, thanks to extender bills. But some things are not so easily put off.

On April 26, New York City’s executive budget plan is due — which will be a challenge, given the uncertainty in Albany.

And the budget clock is not the only one that is ticking: The 2023 legislative session runs only until June 8. The longer lawmakers spend on the budget, the less time they will have to address anything else.

What’s Next

When bail and housing agreements materialize, lawmakers must turn to a plethora of other issues, including:

How will New York pay for the drastic emissions reductions required under the 2019 climate law? Will the state expand the number of charter schools, raise the minimum wage or ban menthol cigarettes?

Who will make up funding shortages for the subway?

Time may tell.

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