By Marie J. French, Emily Ngo, Nick Reisman and Jeff Coltin

Justin Driscoll is the president of the New York Power Authority. | New York Power Authority

Despite socialist organizers declaring victory at blocking him, the current head of the New York Power Authority has now been confirmed — by default.

NYPA president and CEO Justin Driscoll quietly dropped the “acting” from his title on July 26. Driscoll will not have to face another confirmation fight in the Senate, thanks to an obscure section of the Public Authorities Law.

“Mr. Driscoll has established an outstanding record of accomplishment over the last two years when he was acting president and CEO,” Power Authority spokesperson Sue Craig said in a statement to Playbook.

“He will now lead NYPA in its aggressive and continuing efforts to combat climate change, pursue the bold decarbonization objectives of Gov. Kathy Hochul and the Legislature, and prepare New York’s iconic canal system for a third century of operation.”

NYPA is poised to play an increasingly important role in the state’s effort to reduce emissions and green the electricity sector.

The authority already provides the majority of the renewable energy in New York and has secured contracts with partners to build two major transmission projects.

Driscoll faced strident opposition from the New York City Democratic Socialists of America and the Public Power NY coalition.

The group heralded the Senate declining to vote on Driscoll’s nomination in June as a victory and called on him to resign.

Now they are miffed that he’s still on — for good.

“With so much at stake to fully decarbonize New York’s grid and bring down the cost of utility bills, Governor Hochul’s blatant refusal to listen to the will of the people and slide in Driscoll’s confirmation when it never came to a vote reveals her lack of seriousness in implementing the historic Build Public Renewables Act,” said Elizabeth Oh, a coalition organizer with Public Power NY.

Sen. Jabari Brisport, a socialist who opposed Driscoll, added: “This is just really a new low in the governor showing how power hungry and sneaky she wants to be in this position.”

Brisport suggested a public pressure campaign could force Driscoll to resign and that the Senate should consider ways to prevent longtime acting leaders in key posts.

Hochul spokesperson Katy Zielinski said Driscoll was confirmed after the board of trustees nominated him “by operation of law.”

“The governor is pleased he will continue in this role on a permanent basis with broad support from labor and environmental groups,” she said.

The governor’s office indicated Hochul did not receive a request from Senate Democrats to withdraw Driscoll.

Senate Democratic spokesman Mike Murphy said: “We hope to be able to work together in the future to support the crucial initiatives we have passed in this area, especially Build Public Renewables.”

Driscoll was nominated and officially sent to the Senate for confirmation in early June after heading up the authority since late 2021.

Sending the nomination started the clock on an obscure section of the Public Authorities Law.

It says for some positions that the Senate has 60 days to act on the nomination if they’re in session and seven days from the start of session if they aren’t.

If no vote is taken, as in this case, “such appointment shall be deemed confirmed without any further action by the Senate.”

So Driscoll stays.

HAPPY THURSDAY. Thanks for reading our New York Playbook. Got news? Send it our way: Jeff Coltin, Emily Ngo and Nick Reisman.

WHERE’S KATHY? Making a transportation announcement at the Albany airport.

WHERE’S ERIC? Appearing on CBS this morning and then celebrating the 75th anniversary of WABC. In the evening, he's hosting a community conservation and delivering remarks at the Brooklyn Children's Museum.

QUOTE OF THE DAY: “This economy is very uncertain. We still have many projections of a recession that hasn't happened yet. We keep waiting for it to kick in. Thankfully, it hasn't. But most of the forecasters still point to that at some point.” — Comptroller Tom DiNapoli to WAMC.

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Additional support for aiding migrants may be coming. | John Minchillo/AP Photo

MIGRANT HELP ON THE WAY?: Mayor Eric Adams and Hochul shed light Wednesday into some efforts by President Joe Biden to alleviate the migrant crisis, even as Adams sharpened his appeal for more impactful federal intervention.

Some of them included:

• Biden officials are reviewing federal facilities that can be used as emergency housing, including Floyd Bennett Field in Brooklyn and Department of Defense sites, the governor said.
• They’re also looking to link more funding for migrants to supplemental funding for Ukraine, Hochul said, urging Congress’ advocacy.
• The Department of Homeland Security has deployed an assessment team to the city to see conditions first-hand, the mayor said.

Adams announced Wednesday that the projected cost of caring for migrants has ballooned to $12 billion.
About $140 million in federal funding has been allocated for migrants.

Officials familiar with the process told Playbook that the federal assessment team will conduct walkthroughs of the city’s emergency housing system and may witness incoming buses of migrants. — Emily Ngo

New York City Comptroller Brad Lander with more scrutiny for Rikers. | Noam Galai/Getty Images for One Fair Wage

REVIEW OF RIKERS CONDITIONS: Rikers Island “saw little improvement over the course of the past year,” City Comptroller Brad Lander wrote in a report released on the eve of a hearing on control of the jail complex.

His conclusion echoed that of Rikers’ independent monitor, who wrote in his report Monday that “little progress has been evident.”

A federal judge will hear arguments Thursday in favor of a federal takeover of Rikers.

Adams has said he’s better positioned than an outside authority to improve Rikers conditions, citing declines in stabbings, slashings, assaults on staff and other metrics.

Lander found in his report that fights and excessive use of force remain high.

The comptroller, an Adams critic, has called for receivership since last October. — Emily Ngo

More city news:

— The head of former Mayor Bill de Blasio’s security detail pleaded guilty to obstructing an investigation into his erstwhile boss’s use of the Executive Protection Unit. (POLITICO)

— New York's House Republicans are slamming the $2 billion no-bid migrant contracts issued by Hochul and Adams. (New York Post)

— The correction officers’ union donated to council members who oppose Rikers receivership. (THE CITY)

New York has seen an outflow of people, which is picking up in recent years. | Justin Rex/AP Photo

MOVIN’ OUT: A new report from the Center on Budget and Policy Priorities seeks to dispel the claim people are fleeing New York state solely because of the high taxes.

Indeed, New York has seen an outflow of people that has accelerated since the pandemic. And the state’s taxes, especially for rich people, haven’t gotten any lower.

New York has long led the nation in outmigration to other states, often cited for its high cost of living.

But the report from the left-leaning group argues tax policy has a minimal effect on whether people decide to leave a state, even high-tax ones like New York, California or Illinois.

Expect these debates to pick up in volume as a potentially difficult budget year approaches for Albany. — Nick Reisman

More from Albany:

— Democrats in New York are fine-tuning their message on crime after the issue became a potent one for Republicans in last year’s elections. (Associated Press)

— State education officials are urging schools to use caution when introducing biometric technology like facial recognition software. (LoHud)

— Hochul unveiled a cybersecurity plan for the state, touting it as a “nation-leading” program. (Spectrum News NY1)

Republican Rep. Marc Molinaro. | Eduardo Munoz Alvarez/AP Photo

BACK HOME: Republican Rep. Marc Molinaro wants voters to see him when he’s back home in the Hudson Valley.

He's planning to run next year in what will be one of the nation's most hotly contested races.

“Being a member of the House is the last of the local offices,” the former Dutchess County executive said in an interview with Playbook. “You don’t see your senator at the grocery store. But you’ll likely see me at Sam’s Club with two carts full of kids’ stuff.”

Molinaro is not hearing a lot of stuff about former President Donald Trump nor is he thinking about the prospects of Trump leading the GOP ticket, he insists.

Instead, it’s the more issue-driven concerns like crime and the cost of living as well as the “frustration” Washington and Albany are ignoring upstate New York that's animating voters.

Molinaro during the August recess is launching an “August Action Plan” — meeting with people in places like Binghamton on issues like veterans services in his sprawling district that runs through the Southern Tier and Central New York.

Molinaro is ever-exuberant and well known: He’s been serving in elected office since he was the teen mayor of his hometown.

He’s also representing a district that, as it’s currently drawn, will be key if the GOP wants to retain control in 2025.

The constituent events are meant to “cut through the national noise,” he said.

“Eleven counties in a national environment that’s pretty polarized really do require seeing me, knowing me,” he said, “and I’m doing the same for them.” — Nick Reisman

— Lawmakers in Monroe County approved a measure to block employers from inquiring about an applicant’s criminal history. (WROC)

— Construction of the new Buffalo Bills stadium is approaching $300 million in cost overruns. (Associated Press)

— Have you spotted the elm zigzag sawfly? The new invasive pest is being closely monitored by the DEC.(Times Union)

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

HAPPY BIRTHDAY: CBS’ Nancy Cordes … Andrew Sullivan (6-0) … Axios’ Alex Thompson … Fox News’ Houston Keene … Commerce’s Sarah Weinstein … CNN’s Alex Marquardt and Susie Xu … ACLU’s Ally Harpootlian … Leila Clifford ... Mike Linhorst … Sophie Vershbow … Genevieve Glatsky

OUT AND ABOUT: New York Jews in Politics hosted its first happy hour at the Beach Cafe on the Upper East Side, hosted by Moshe Davis, Adrien Lesser and Hochul’s deputy Jewish liaison Eva Wyner. (PHOTOS)

SPOTTED THERE: Manhattan Borough President Mark Levine, City Councilmember Inna Vernikov, Erica Vladimer, former Rep. Carolyn Maloney, NYC International Affairs Commissioner Ed Mermelstein, JCRC’s Michael Miller, Matt Nosanchuk, Gabby Eiss, Ilana Maier, Sam Weinberger, Josh Kramer, Noam Gilboord, Ushi Teitelbaum, and Forward’s Jacob Kornbluh.

MAKING MOVES: Nikki Thompson has joined NYC Kids RISE, a nonprofit supporting a universal wealth-building platform, as the organization’s first managing director of development. She previously served as the first chief operating officer for BASTA, a workforce development organization.

—NYC’s real estate market has WeWork’s survival in "substantial doubt." (Gothamist)

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