Gotham Gazette Gotham Gazette is an online publication covering New York policy and politics as well as news on public safety, transportation, education, finance and more. http://www.gothamgazette.com/component/tags/tag/new-york-city-environmental-justice-alliance 2017-10-22T13:29:08+00:00 Webmaster webmaster@gothamgazette.com Fair Share: Design Flaws, Flashpoints & Possible Updates 2016-11-20T05:00:00+00:00 2016-11-20T05:00:00+00:00 http://www.gothamgazette.com/?id=6633:fair-share-design-flaws-flashpoints-possible-updates Ben Max <p><img src="http://www.gothamgazette.com/images/27449795996_b13ffb1f6f_z.jpg" alt="garbage trucks" width="600" height="401" /></p> <p>Trucks (photo: Sofie Hecht/Gotham Gazette)</p> <hr /> <p><em><strong>This is part two of a two-part series on the city’s Fair Share rules. Read part one: <a href="http://www.gothamgazette.com/index.php/city/6630-city-may-soon-have-more-formal-fair-share-discussion" target="_blank">City May Soon Have More Formal ‘Fair Share’ Discussion</a></strong></em></p> <p><strong>Fair Share Flawed from the Beginning, Some Say</strong><br />Ronald Shiffman, now professor emeritus at the Pratt Institute and co-founder of Pratt’s Center for Community Development, was appointed to the newly-expanded City Planning Commission in 1990, and was present for the adoption of the Fair Share Criteria. He told Gotham Gazette that the creation of the criteria was compelled in large part by increasing concern over the then-nascent homelessness crisis and the early power of the emerging environmental justice movement.</p> <p>“The criteria came out of the need to house populations that were more difficult to house at that time: the homeless, people just released from mental hospitals, people with AIDS,” Shiffman said. “Because of statewide deinstitutionalization policies, the city had to find a way to house these people. The criteria were meant in part to prevent communities from discriminating against those populations.”</p> <p>Shiffman also said that the criteria were kept intentionally vague, so as not to “tie the city’s hands” when shelters and other facilities needed to be sited quickly, and noted the difficulty of achieving an equal distribution of burdens.</p> <p>“How do you make sure that no area is getting over-concentration due to having more city-owned property or being less powerful than other communities?” Shiffman said. “There is a difficult line between preventing communities from excluding populations in dire need of housing and giving communities tools to protest an over-concentration of ‘burdensome’ facilities. It was a goal, to find a balance, and for everyone to carry their fair share of residential facilities.”</p> <p>According to Shiffman, the Fair Share Criteria began to lose power as more city services and facilities were taken over by not-for-profit and private entities, because the accountability and mapping requirements set forth by the criteria apply to only city-owned and operated facilities.</p> <p>“With the privatization of those facilities, city control kind of evaporated,” Shiffman said. “Devolving so much authority to the private sector allowed service providers and the city to do things that were far more inequitable than when we were dealing only with city-owned lots.”</p> <p>At the same time that the newly-created criteria sought to compel communities to do their part to shelter fellow New Yorkers, the environmental justice movement saw the criteria as a tool to help protect low-income communities of color from becoming dumping grounds for waste processing stations.</p> <p>Eddie Bautista is the director of the New York Environmental Justice Alliance; in 1990, when the criteria were enacted, he was the Director of Community Planning with the New York Lawyers for the Public Interest (NYLPI). Bautista said that the criteria emerged at the same time that the environmental justice movement in New York was ramping up.</p> <p>“Environmental activists saw Fair Share as an organizing opportunity,” Bautista told Gotham Gazette. “We developed a citywide coalition with groups doing different environmental organizing in low-income neighborhoods of color.” Those neighborhoods, Bautista said, had “too much of the bad stuff and not enough of the good stuff.”</p> <p>Bautista and others in the environmental justice movement at the time hoped that the criteria would increase transparency of the city facility-siting process, and provide an “early warning” to communities whose neighborhoods had been selected for waste processing stations so that they might intervene.</p> <p>“The Charter Revision in ‘89 put land use in the hands of the City Council,” Bautista said.</p> <p>While NYLPI was able to prevent the construction of two sludge treatment facilities using the criteria as an argument, Bautista says that, overall, the criteria are too superficial in nature and too opaque in execution to be impactful.</p> <p>“Fair Share was never designed to get at the root causes of inequity in neighborhoods,” Bautista said. “It was made to look at the symptoms of the problem; it wasn’t going to change the siting dynamic.”</p> <p>Bautista also points to the lack of penalties levied upon city agencies that do not submit upcoming facilities to the Citywide Statement of Needs; noting that there are no consequences for an agency that does not include plans to open a new facility in a neighborhood. For instance, the Fire Department submitted a site relocation proposal in the Statement of Needs for <a href="http://www1.nyc.gov/assets/planning/download/pdf/about/publications/son_16_17.pdf" target="_blank">Fiscal Years 2016/2017</a> but did not do so for <a href="http://www1.nyc.gov/assets/planning/download/pdf/about/publications/son_17_18.pdf" target="_blank">Fiscal Years 2017/2018</a>. At the same time, in 2016/2017, Department of Homeless Services and the Administration of Child Services had no site proposals, but in the next statement, both agencies put forward multiple projects. Not enforcing a complete picture of new facilities in neighborhoods means that communities “never get an accurate view of what’s happening in their areas,” Bautista said.</p> <p>“We had three administrations where Fair Share was meaningless because the regulatory framework made it so toothless,” Bautista said, referring to Mayors Dinkins, Giuliani, and Bloomberg.</p> <p>A representative for the City Planning Commission confirmed that there are no punitive measures taken against agencies that fail to participate in the annual statement, but that checks and balances on siting decisions occur throughout the ULURP and public comment process. Often, it is left to City Council oversight and public pushback to a Council member or at a Council hearing to hold sway over these types of omissions.</p> <p>Despite high hopes at the outset, there is no doubt that the Fair Share Criteria have not proved as useful as early proponents had hoped. But, their influence is starting to be felt again in conversations around distribution of facilities. The perception and reality of inequitable distribution are a constant in headlines across New York, as evidenced by the defeated proposal for the homeless shelter in Wakefield, which would have oversaturated the neighborhood, and the agitation over the conversion of the hotel into a homeless shelter in Maspeth, Queens, where the city has limited such facilities. In both situations, the city has had to navigate local concerns while attempting to install services and infrastructure for a growing population. In the case of Wakefield, Council Member Andy Cohen believes Fair Share was definitely a contributing factor in the administration’s final decision. In an interview outside City Hall, he told Gotham Gazette that there is a tension between the city’s need to house the homeless and the needs of communities.</p> <p>“I think in order to maintain quality of life there just has to be balance,” he said, “and having a disproportionate number of homeless people being serviced out of one community, I think taxes the NYPD.” He cited as an example one of the shelters in the Wakefield neighborhood that he said had generated more than 500 911 calls within the first six months of opening. “The precinct is not able to service the rest of the...precinct if they’re answering all of these calls so that’s the kind of example of why I think it’s important that these facilities are spread out in a proportional and representative way,” Council Member Cohen said.&nbsp;</p> <p><strong>Fair Share Flashpoints</strong><br />Council Speaker Mark-Viverito ignited a firestorm of protest and earned quite a few applause when she spoke hopefully in her <a href="http://www.nytimes.com/2016/02/12/nyregion/melissa-mark-viverito-council-speaker-vows-to-pursue-new-criminal-justice-reforms.html?_r=0" target="_blank">2016 State of the City address</a> of reducing the jail population of Rikers Island so significantly “that the dream of shutting it down becomes a reality,” and announced the creation of a special commission to be led by Jonathan Lippman, former Chief Judge of the New York Court of Appeals. The commission is reviewing the city’s entire criminal justice system, including the possibility of closing the island’s jails and relocating the detainees and inmates.</p> <p><a href="https://www.dnainfo.com/new-york/20160331/college-point/city-quietly-eying-sites-for-new-jails-replace-rikers-island-sources" target="_blank">DNAinfo reported in March</a> that, contrary to earlier claims from the mayor’s office that the closure proposal was a “noble” but “unworkable” concept, city officials had begun examining several locations for new and expanded jails that might house the thousands displaced by shuttering Rikers complexes. As of October 20, Rikers held about 7,500 inmates, many awaiting trial, and other city jails off the island held about 2,200, for a Department of Correction headcount of 9,764, according to a DOC spokesperson.</p> <p>According to DNAinfo, officials identified possible locations in the Bronx, Brooklyn, Queens, and on Staten Island, “where two new jails — each housing as many as 2,000 inmates — could be built.” According to several proposals that have been around for years, existing detention centers could and should be expanded to also accommodate detainees if Rikers were to be closed -- something Mayor de Blasio has called a long-shot and a many years, multi-billion dollar project if it were to ever come to fruition.</p> <p>Perhaps even more daunting to the prospect of closing Rikers jails than several billion dollars in costs are the roadblocks thrown up by the Uniform Land Use Review Procedure, or ULURP. In the event that the city would need to site small jails to take on the incarcerated population, each site would be subject to a lengthy, complicated, and controversial process that also requires the application of the Fair Share Criteria. Pushback from several City Council members was quick and fierce when DNAinfo reported on potential <a href="https://www.dnainfo.com/new-york/20160404/east-new-york/more-neighborhoods-surface-as-possible-new-jail-sites-for-rikers-shutdown" target="_blank">communities</a> being targeted. No one wants a jail in their district - or “back yard.”</p> <p>One site on the short list for a hypothetical new jail is Hunt’s Point, where a jail barge holding 800 prisoners is currently moored - and the very neighborhood Mark-Viverito held up as an example of an area already saturated with more than its fair share of burdensome facilities.</p> <p>“While I understand that we need to make strides in improving corrections infrastructure, primarily Rikers Island, the solution is not building a new facility in the South Bronx,” City Council Member Rafael Salamanca, recently elected to represent the area, said in an April <a href="https://www.nysenate.gov/newsroom/press-releases/jeffrey-d-klein/klein-salamanca-city-no-mini-rikers-hunts-point-community" target="_blank">press release</a>, released in collaboration with State Senator Jeff Klein.</p> <p>City Council Member Antonio Reynoso, who represents Williamsburg, Bushwick, and Ridgewood, said in a statement that while he has not been able to verify that the city is considering using a National Grid site in his district as a jail location, “...if it were true, the proposal would need to go through public land use review, and I would never allow it to pass.” The Council is known to defer to the local representative on land use decisions.</p> <p>City Council Member Joseph Borelli, of Staten Island’s south shore, has advocated for addressing conditions at Rikers in lieu of shutting it down. He put his response plainly in <a href="http://www.silive.com/news/index.ssf/2016/02/staten_island_jail.html" target="_blank">his letter</a> to Mark-Viverito: “No one wants a jail next to their house.”&nbsp;</p> <p><strong>Homeless Shelters</strong><br />In 2013, then-Comptroller John Liu <a href="https://comptroller.nyc.gov/wp-content/uploads/documents/20130509_NYC_ShelterSiteReport_v24_May.pdf" target="_blank">released a report</a> that set out to examine the way the city chooses sites for homeless shelters, and to “determine if the City’s goal of transparency is being effectively achieved by implementation of the Fair Share Criteria.” The answer, in short, was “no,” but the report dove deep into the ways the complex process of siting city facilities is made even more convoluted and opaque when different kinds of shelters and shelter operators are in play.</p> <p>“Shelters are undoubtedly clustered in low-income neighborhoods,” the report stated. Using data from 2011, the comptroller’s office showed that “family and adult shelters were unevenly dispersed across the city,” with the greatest concentrations found in the Bronx, followed by Brooklyn, Manhattan, and Queens. Staten Island was not included, because its six shelters made the borough an outlier that skewed citywide results. The analysis is never as simple as being borough-based, of course, and there are specific communities that are at the heart of fair share issues.</p> <p>Though the unequal distribution of shelters was stark, the report was more an indictment of the failure of the Fair Share Criteria to ensure transparency in the shelter siting process. The criteria, the report said, should “set the framework for dialogue between communities and government in an effort to achieve optimal levels of efficiency, utility, and fairness in the siting of public facilities,” and were developed “to provide communities with a transparent decision-making process that facilitates adequate planning and takes communities’ needs into account.”</p> <p>To this end, the report pointed out a litany of shortcomings, chief among them that a large number of homeless shelters are regularly not included on the annual Citywide Statement of Needs. Many DHS shelters are excluded, as are emergency shelters, which by nature are not anticipated, though potential sites could be identified earlier; as well as per diem shelters, “which are not City facilities” and therefore skirt a real public input process. Those exclusions, the report says, prevent communities from offering comment or intervening once a site has been chosen.</p> <p>The lengthy report contains a thorough critique of and suggestions for improvement to the transparency aspects of the Fair Share Criteria, but the driving conclusions were that “there is poor notification and limited community participation in decisions about siting family and adult homeless shelters” and that “clustering is occurring and that certain neighborhoods across the City have a higher proportion of family and adult shelters than others” - namely, low-income neighborhoods such as Bedford-Stuyvesant and Brownsville in Brooklyn, Fordham, Morris Heights, Belmont, and East Tremont in the Bronx, and Central Harlem in Manhattan.</p> <p>If the public notification and input process were improved, the report says, a more transparent process might create a more equitable distribution of facilities.</p> <p>The problems of transparency and clustering don’t seem to have improved significantly since that data was collected in 2011.</p> <p>In 2015, the Department of Homeless Services <a href="https://www.dnainfo.com/new-york/20150824/belmont/map-10-community-districts-carry-bulk-of-citys-homeless-shelters" target="_blank">released data</a> showing that the ten community districts with the most homeless shelters contain more shelters than the other 49 districts combined. Of those top ten districts, four were located in the Bronx.</p> <p>The other areas with the highest concentration of shelters were almost all low-income and predominantly non-white, including Manhattan Community Boards 10 and 3 in Harlem and the Lower East Side, respectively; Brooklyn CB3 in Bed-Stuy; and Manhattan CB11 in East Harlem.</p> <p>“New York City is legally obligated to provide shelter to any New Yorker who would otherwise be on the streets,” said a Department of Homeless Services spokesperson in an email. “Mayor de Blasio charged the administration with evaluating the breadth of human services located in each community district citywide to identify areas to locate new shelter facilities. We are committed to engaging communities on these issues, listening to feedback and working to address community concerns.”</p> <p>DHS takes a number of factors into consideration when selecting a new site for a homeless shelter -- rating the bid made for the site, whether the building has the appropriate documentation, including a Certificate of Occupancy, whether it complies with requirements of the state Office of Temporary and Disability Assistance (OTDA), timeframe of availability, potential capacity and saturation, among others. The OTDA also has to approve the expansion of an existing shelter. In non-emergency circumstances, the city ensures that elected officials are informed of a shelter opening at least 45 days in advance. DHS now also creates a Community Advisory Board for every new shelter. These boards, comprised of appointees of local elected officials and community members, hold monthly meetings with DHS staff, the shelter operator, and NYPD to discuss any pertinent issues.</p> <p>However, the regulatory void in which homeless shelter siting operates became apparent in 2014, when DHS successfully opened a new homeless shelter for adult families without children at 56-66 Clay St. in Greenpoint, Brooklyn, despite protests from local officials and community members that a public review process had not taken place.</p> <p>Assembly Member Joseph Lentol pushed back, citing the four existing shelters in his district, and asking city officials to consider the Fair Share Criteria before making a final decision.</p> <p>"For more than 40 years we have been our brother’s keeper, and we continue to accept that responsibility on the condition that we are not being unfairly singled out to carry this burden," Lentol said in a letter to Department of Homeless Services about the conflict. "Other communities are not carrying this same burden because Community Board 1 is unfairly carrying this load."</p> <p>But the shelter on Clay Street was not subject to the Fair Share Criteria, or to any lengthy public review process. It was instated as an emergency shelter, for which DHS must only give seven days notice. While DHS acted legally, the shelter felt as though it had been “smuggled in by the dead of night,” Board 1 chair Dealice Fuller said in a letter to Mayor de Blasio last year.&nbsp;</p> <p><strong>Waste Management</strong><br />On August 17, Mayor de Blasio announced major planned reforms to the city’s commercial sanitation industry, which would seek to reduce truck traffic and emissions, increase recycling and promote environmental justice by creating commercial waste zones that are each served by one private sanitation company. The plan was praised by the Transform Don’t Trash NYC coalition, an environmental justice community group that has long advocated against the problem of waste facility clustering in the city.</p> <p>While city officials are making and eyeing significant strides toward reducing the amount of waste New York residents and businesses produce, processing and transfer stations are concentrated in a handful of low-income communities populated predominantly by people of color.</p> <p>Transform Don’t Trash NYC <a href="http://transformdonttrashnyc.org/resources/dirty-wasteful-unsustainable-the-urgent-need-to-reform-new-york-citys-commercial-waste-system/" target="_blank">released a report in 2015</a> indicting the city’s “inefficient and ad-hoc arrangement” for waste processing that allows hundreds of private hauling companies to collect waste from restaurants, stores, and other businesses each night and “truck it to dozens of transfer stations and recycling facilities concentrated in a handful of low-income communities of color.”</p> <p>After collecting data for both city-run and privately-owned waste collectors, the report authors found that 75% of all waste handled in New York City is trucked to transfer stations in <a href="http://www.gothamgazette.com/index.php/government/5589-the-bronx-is-breathing-waste-transfer-station-city-council" target="_blank">just three outer-borough neighborhoods</a> in North Brooklyn, the South Bronx, and Northeast Queens.</p> <p>The 4,000-plus diesel trucks that transport waste to those facilities each day emit exhaust, increase traffic congestion, and add wear and tear to roads, according to the report. The study found that the trucks’ emissions alone have a significant negative impact of <a href="http://www.gothamgazette.com/index.php/government/5111-while-improving-quiet-crisis-air-quality-persists-new-york-city-asthma-air-pollution" target="_blank">air quality in neighborhoods</a> where waste facilities are clustered.</p> <p>While de Blasio’s new commercial sanitation plan will address these issues, there is no indication if it will also look at the Fair Share Criteria to site new waste management facilities. In March, the New Harlem East Merchants Association wrote a letter to the Department of Sanitation, demanding that the department reconsider its <a href="https://www.dnainfo.com/new-york/20160218/east-harlem/city-ignores-concerns-about-proposed-sanitation-garage-residents-say" target="_blank">decision to open a sanitation garage</a> in a residential neighborhood on 3rd Avenue, about 1,200 feet away from another garage on East 131 Street, and in close proximity to two schools and a new cancer treatment facility.</p> <p>According to a statement from New Harlem East Merchants Association, the addition “would place an unfair burden on the East Harlem community,” which already struggles with an asthma rate twice that of the city-wide average (asthma rates in the nearby South Bronx are also quite high). The city has not indicated that community protest will prevent a second garage from going up.</p> <p>However, where the Fair Share Criteria have failed, local legislators are pursuing alternative projects and policies to prevent low-income communities from handling the vast majority of the city’s waste with a mind toward more equitable distribution.</p> <p>Building on the 20-year <a href="http://www1.nyc.gov/assets/dsny/about/laws/solid-waste-management-plan.shtml" target="_blank">Solid Waste Management Plan</a> (SWMP), which has an environmental justice focus and was adopted by Mayor Bloomberg and the City Council in 2006, City Council Member Steve Levin of Brooklyn introduced a bill in October 2014. <a href="http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=1937616&amp;GUID=2680B9A0-32EF-4B2F-BFD3-85D48111006F&amp;Options=ID|Text|&amp;Search=495" target="_blank">Intro. 495</a>, also known as the “Trash Cap,” would cut the daily waste processing capacity in the three most-burdened neighborhoods -- North Brooklyn, South Bronx, and Northeast Queens -- by 50% of the daily trash volume they currently receive, according to Council Member Antonio Reynoso’s legislative director, Lacey Tauber. It would also cap the permitted capacity of waste transfer stations at 10 percent of the average citywide capacity.&nbsp;</p> <p>Reynoso, who is chair of the Council’s Committee on Sanitation and Solid Waste, also represents the district with the highest concentration of waste facilities: parts of Brooklyn including Williamsburg and Bushwick.&nbsp;</p> <p>Under the trash cap bill, all community districts with solid waste transfer stations would be capped, but not every cap would be the same, Tauber told Gotham Gazette. The bill considers any community district handling more than 10 percent of the city’s waste as overburdened and seeks to ensure that community districts that aren’t already over that threshold are capped at 10 percent and cannot be pushed over it.</p> <p>“The [10 percent] cap on citywide waste ensures that lessening the burden on one community does not simply transfer that full burden to another similar community,” Tauber said.</p> <p>Tauber added that pairing prevention of over-saturation of waste facilities with a clear alternative is key to not sacrificing equity in one community to benefit another.</p> <p>“If we say you can’t bring it here but don’t specify where it can go, that directs waste to other low-income communities of color,” Tauber said.</p> <p>After negotiations with the de Blasio administration about the bill, which had a hearing early in 2015, it was amended to increase the cap from the original proposal of 5 percent to the current 10 percent. The bill has not yet been voted on in committee.</p> <p>Another way to decrease truck traffic and associated ills is through the use of marine transfer stations, or MTS, where waste leaves the city via barge, decreasing traffic and consolidating the process. The city is opening MTS in Queens, Brooklyn, and, perhaps most famously, on 91 Street on the Upper East Side. According to the NYC Environmental Justice Alliance, the latter, a wealthy and well-connected neighborhood, has funneled hundreds of thousands of dollars into an <a href="http://ny.curbed.com/2014/11/25/10018036/trash-clash" target="_blank">opposition campaign</a>. Nevertheless, construction is still underway, and proponents of MTS believe the three will offer significant relief to overburdened communities.</p> <p>“It will help decrease traffic, congestion, pollution - everything that the trucks bring into those low-income neighborhoods,” Tauber said of the Upper East Side MTS.</p> <p>Yet, the MTS currently only deal with the residential waste under the jurisdiction of the Department of Sanitation. Incentivizing private truck companies that pick up waste from businesses and restaurants is another challenge that the city appears to be targeting through the neighborhood zoning plan. This model allows the city to consolidate truck traffic and regulate labor standards, truck emissions, and more. The proposal that the de Blasio administration put out has <a href="http://www.politico.com/states/new-york/albany/story/2016/08/tough-fight-in-store-for-de-blasios-private-carting-proposal-104815" target="_blank">a long way to go before becoming law</a>.</p> <p><strong>Updating Fair Share</strong><br />Despite noble intentions, the Fair Share Criteria does not achieve the kind of transparent public input process and equitable city landscape sought by its supporters. While Speaker Mark-Viverito promised in her February State of the City address that the City Council would “empower neighborhoods by working with our partners in City and State government to create tools and improve opportunities for public input in the Fair Share process,” no specific legislation has been put forth. In the August interview with Gotham Gazette, she said the Council was exploring the issue, and may put out a paper on it.&nbsp;</p> <p>City Council Member Brad Lander, long a proponent of progressive city planning practices, has clear ideas about how to revamp the criteria.</p> <p>“Step one is to provide more transparency on both the existing siting of various forms of municipal infrastructure and services that are covered by the fair share rules, and more transparency on each individual application so it will be possible to really evaluate whether it is fair or not fair,” Lander told Gotham Gazette in an interview.</p> <p>Second, Lander said that the criteria have to be updated. “If City Planning wants to do that, great. But if not, we need to step forward and push them to do it,” he said.</p> <p>The third objective, Lander said, and one that could be the most challenging legislatively, “is putting some teeth in the laws, having some consequence for unfair sitings, making unfair sitings be more difficult for the city than fairer ones.”</p> <p>“Developing a system that has at least a thumb on the scale toward more equitable distribution: that’s the ultimate goal,” Lander said.</p> <p>The City made significant moves in this direction in April, according to Lander, when the administration quietly resurrected the formerly-annual <a href="http://www1.nyc.gov/assets/operations/downloads/pdf/Social-Indicators-Report-April-2016.pdf" target="_blank">Social Indicators Report.</a> Though the annual report was mandated in the same 1989 Charter Revision that created the Fair Share Criteria, this is the first report to be published by a Mayor in a decade.</p> <p>The report, which mostly escaped public notice, provides a comprehensive statistical snapshot of the city, ostensibly to provide a clearer understanding of both need and progress in various communities. The data is disaggregated by 45 different indicators, including race, income, gender, education, English proficiency, and others. The report’s introduction states that it is “meant to help guide the City’s efforts to reduce disparities and advance equity.”</p> <p>Lander says that while the City Council works on how to update and improve the Fair Share Criteria, the Social Indicators Report is a valuable and promising tool. “It’s a good, strong step forward,” Lander said. The Council member did not indicate whether anything on fair share from his office or the Council in general should be expected any time soon.</p> <p>Eddie Bautista, executive director of the New York City Environmental Justice Alliance and veteran in the fight against clustering waste facilities in low-income neighborhoods, is cautiously optimistic.</p> <p>“What would make it meaningful would be to go back to the original concept: transparency and a full accounting of the burdens and lack of benefits in each community,” Bautista said.</p> <p>“The Fair Share Criteria was all we could muster in ‘89 and ‘90. After 25 years of cynicism, I’m looking forward to the [City Council] speaker - the first speaker of color - and Brad Lander - an activist involved in early fair share conversations - working toward a solution on this.”</p> <p><em>**This is part two of a two-part series on the city’s Fair Share rules. Read part one:&nbsp;<a href="http://www.gothamgazette.com/index.php/city/6630-city-may-soon-have-more-formal-fair-share-discussion" target="_blank">City May Soon Have More Formal ‘Fair Share’ Discussion</a>**</em></p> <p>***<br />by Maggie Calmes &amp; Samar Khurshid for Gotham Gazette<br /><a href="https://twitter.com/GothamGazette" target="_blank">@GothamGazette</a></p> <p>Note: this story has been updated to reflect amended language in Intro. 495, the "Trash Cap" bill.</p> <p><img src="http://www.gothamgazette.com/images/27449795996_b13ffb1f6f_z.jpg" alt="garbage trucks" width="600" height="401" /></p> <p>Trucks (photo: Sofie Hecht/Gotham Gazette)</p> <hr /> <p><em><strong>This is part two of a two-part series on the city’s Fair Share rules. Read part one: <a href="http://www.gothamgazette.com/index.php/city/6630-city-may-soon-have-more-formal-fair-share-discussion" target="_blank">City May Soon Have More Formal ‘Fair Share’ Discussion</a></strong></em></p> <p><strong>Fair Share Flawed from the Beginning, Some Say</strong><br />Ronald Shiffman, now professor emeritus at the Pratt Institute and co-founder of Pratt’s Center for Community Development, was appointed to the newly-expanded City Planning Commission in 1990, and was present for the adoption of the Fair Share Criteria. He told Gotham Gazette that the creation of the criteria was compelled in large part by increasing concern over the then-nascent homelessness crisis and the early power of the emerging environmental justice movement.</p> <p>“The criteria came out of the need to house populations that were more difficult to house at that time: the homeless, people just released from mental hospitals, people with AIDS,” Shiffman said. “Because of statewide deinstitutionalization policies, the city had to find a way to house these people. The criteria were meant in part to prevent communities from discriminating against those populations.”</p> <p>Shiffman also said that the criteria were kept intentionally vague, so as not to “tie the city’s hands” when shelters and other facilities needed to be sited quickly, and noted the difficulty of achieving an equal distribution of burdens.</p> <p>“How do you make sure that no area is getting over-concentration due to having more city-owned property or being less powerful than other communities?” Shiffman said. “There is a difficult line between preventing communities from excluding populations in dire need of housing and giving communities tools to protest an over-concentration of ‘burdensome’ facilities. It was a goal, to find a balance, and for everyone to carry their fair share of residential facilities.”</p> <p>According to Shiffman, the Fair Share Criteria began to lose power as more city services and facilities were taken over by not-for-profit and private entities, because the accountability and mapping requirements set forth by the criteria apply to only city-owned and operated facilities.</p> <p>“With the privatization of those facilities, city control kind of evaporated,” Shiffman said. “Devolving so much authority to the private sector allowed service providers and the city to do things that were far more inequitable than when we were dealing only with city-owned lots.”</p> <p>At the same time that the newly-created criteria sought to compel communities to do their part to shelter fellow New Yorkers, the environmental justice movement saw the criteria as a tool to help protect low-income communities of color from becoming dumping grounds for waste processing stations.</p> <p>Eddie Bautista is the director of the New York Environmental Justice Alliance; in 1990, when the criteria were enacted, he was the Director of Community Planning with the New York Lawyers for the Public Interest (NYLPI). Bautista said that the criteria emerged at the same time that the environmental justice movement in New York was ramping up.</p> <p>“Environmental activists saw Fair Share as an organizing opportunity,” Bautista told Gotham Gazette. “We developed a citywide coalition with groups doing different environmental organizing in low-income neighborhoods of color.” Those neighborhoods, Bautista said, had “too much of the bad stuff and not enough of the good stuff.”</p> <p>Bautista and others in the environmental justice movement at the time hoped that the criteria would increase transparency of the city facility-siting process, and provide an “early warning” to communities whose neighborhoods had been selected for waste processing stations so that they might intervene.</p> <p>“The Charter Revision in ‘89 put land use in the hands of the City Council,” Bautista said.</p> <p>While NYLPI was able to prevent the construction of two sludge treatment facilities using the criteria as an argument, Bautista says that, overall, the criteria are too superficial in nature and too opaque in execution to be impactful.</p> <p>“Fair Share was never designed to get at the root causes of inequity in neighborhoods,” Bautista said. “It was made to look at the symptoms of the problem; it wasn’t going to change the siting dynamic.”</p> <p>Bautista also points to the lack of penalties levied upon city agencies that do not submit upcoming facilities to the Citywide Statement of Needs; noting that there are no consequences for an agency that does not include plans to open a new facility in a neighborhood. For instance, the Fire Department submitted a site relocation proposal in the Statement of Needs for <a href="http://www1.nyc.gov/assets/planning/download/pdf/about/publications/son_16_17.pdf" target="_blank">Fiscal Years 2016/2017</a> but did not do so for <a href="http://www1.nyc.gov/assets/planning/download/pdf/about/publications/son_17_18.pdf" target="_blank">Fiscal Years 2017/2018</a>. At the same time, in 2016/2017, Department of Homeless Services and the Administration of Child Services had no site proposals, but in the next statement, both agencies put forward multiple projects. Not enforcing a complete picture of new facilities in neighborhoods means that communities “never get an accurate view of what’s happening in their areas,” Bautista said.</p> <p>“We had three administrations where Fair Share was meaningless because the regulatory framework made it so toothless,” Bautista said, referring to Mayors Dinkins, Giuliani, and Bloomberg.</p> <p>A representative for the City Planning Commission confirmed that there are no punitive measures taken against agencies that fail to participate in the annual statement, but that checks and balances on siting decisions occur throughout the ULURP and public comment process. Often, it is left to City Council oversight and public pushback to a Council member or at a Council hearing to hold sway over these types of omissions.</p> <p>Despite high hopes at the outset, there is no doubt that the Fair Share Criteria have not proved as useful as early proponents had hoped. But, their influence is starting to be felt again in conversations around distribution of facilities. The perception and reality of inequitable distribution are a constant in headlines across New York, as evidenced by the defeated proposal for the homeless shelter in Wakefield, which would have oversaturated the neighborhood, and the agitation over the conversion of the hotel into a homeless shelter in Maspeth, Queens, where the city has limited such facilities. In both situations, the city has had to navigate local concerns while attempting to install services and infrastructure for a growing population. In the case of Wakefield, Council Member Andy Cohen believes Fair Share was definitely a contributing factor in the administration’s final decision. In an interview outside City Hall, he told Gotham Gazette that there is a tension between the city’s need to house the homeless and the needs of communities.</p> <p>“I think in order to maintain quality of life there just has to be balance,” he said, “and having a disproportionate number of homeless people being serviced out of one community, I think taxes the NYPD.” He cited as an example one of the shelters in the Wakefield neighborhood that he said had generated more than 500 911 calls within the first six months of opening. “The precinct is not able to service the rest of the...precinct if they’re answering all of these calls so that’s the kind of example of why I think it’s important that these facilities are spread out in a proportional and representative way,” Council Member Cohen said.&nbsp;</p> <p><strong>Fair Share Flashpoints</strong><br />Council Speaker Mark-Viverito ignited a firestorm of protest and earned quite a few applause when she spoke hopefully in her <a href="http://www.nytimes.com/2016/02/12/nyregion/melissa-mark-viverito-council-speaker-vows-to-pursue-new-criminal-justice-reforms.html?_r=0" target="_blank">2016 State of the City address</a> of reducing the jail population of Rikers Island so significantly “that the dream of shutting it down becomes a reality,” and announced the creation of a special commission to be led by Jonathan Lippman, former Chief Judge of the New York Court of Appeals. The commission is reviewing the city’s entire criminal justice system, including the possibility of closing the island’s jails and relocating the detainees and inmates.</p> <p><a href="https://www.dnainfo.com/new-york/20160331/college-point/city-quietly-eying-sites-for-new-jails-replace-rikers-island-sources" target="_blank">DNAinfo reported in March</a> that, contrary to earlier claims from the mayor’s office that the closure proposal was a “noble” but “unworkable” concept, city officials had begun examining several locations for new and expanded jails that might house the thousands displaced by shuttering Rikers complexes. As of October 20, Rikers held about 7,500 inmates, many awaiting trial, and other city jails off the island held about 2,200, for a Department of Correction headcount of 9,764, according to a DOC spokesperson.</p> <p>According to DNAinfo, officials identified possible locations in the Bronx, Brooklyn, Queens, and on Staten Island, “where two new jails — each housing as many as 2,000 inmates — could be built.” According to several proposals that have been around for years, existing detention centers could and should be expanded to also accommodate detainees if Rikers were to be closed -- something Mayor de Blasio has called a long-shot and a many years, multi-billion dollar project if it were to ever come to fruition.</p> <p>Perhaps even more daunting to the prospect of closing Rikers jails than several billion dollars in costs are the roadblocks thrown up by the Uniform Land Use Review Procedure, or ULURP. In the event that the city would need to site small jails to take on the incarcerated population, each site would be subject to a lengthy, complicated, and controversial process that also requires the application of the Fair Share Criteria. Pushback from several City Council members was quick and fierce when DNAinfo reported on potential <a href="https://www.dnainfo.com/new-york/20160404/east-new-york/more-neighborhoods-surface-as-possible-new-jail-sites-for-rikers-shutdown" target="_blank">communities</a> being targeted. No one wants a jail in their district - or “back yard.”</p> <p>One site on the short list for a hypothetical new jail is Hunt’s Point, where a jail barge holding 800 prisoners is currently moored - and the very neighborhood Mark-Viverito held up as an example of an area already saturated with more than its fair share of burdensome facilities.</p> <p>“While I understand that we need to make strides in improving corrections infrastructure, primarily Rikers Island, the solution is not building a new facility in the South Bronx,” City Council Member Rafael Salamanca, recently elected to represent the area, said in an April <a href="https://www.nysenate.gov/newsroom/press-releases/jeffrey-d-klein/klein-salamanca-city-no-mini-rikers-hunts-point-community" target="_blank">press release</a>, released in collaboration with State Senator Jeff Klein.</p> <p>City Council Member Antonio Reynoso, who represents Williamsburg, Bushwick, and Ridgewood, said in a statement that while he has not been able to verify that the city is considering using a National Grid site in his district as a jail location, “...if it were true, the proposal would need to go through public land use review, and I would never allow it to pass.” The Council is known to defer to the local representative on land use decisions.</p> <p>City Council Member Joseph Borelli, of Staten Island’s south shore, has advocated for addressing conditions at Rikers in lieu of shutting it down. He put his response plainly in <a href="http://www.silive.com/news/index.ssf/2016/02/staten_island_jail.html" target="_blank">his letter</a> to Mark-Viverito: “No one wants a jail next to their house.”&nbsp;</p> <p><strong>Homeless Shelters</strong><br />In 2013, then-Comptroller John Liu <a href="https://comptroller.nyc.gov/wp-content/uploads/documents/20130509_NYC_ShelterSiteReport_v24_May.pdf" target="_blank">released a report</a> that set out to examine the way the city chooses sites for homeless shelters, and to “determine if the City’s goal of transparency is being effectively achieved by implementation of the Fair Share Criteria.” The answer, in short, was “no,” but the report dove deep into the ways the complex process of siting city facilities is made even more convoluted and opaque when different kinds of shelters and shelter operators are in play.</p> <p>“Shelters are undoubtedly clustered in low-income neighborhoods,” the report stated. Using data from 2011, the comptroller’s office showed that “family and adult shelters were unevenly dispersed across the city,” with the greatest concentrations found in the Bronx, followed by Brooklyn, Manhattan, and Queens. Staten Island was not included, because its six shelters made the borough an outlier that skewed citywide results. The analysis is never as simple as being borough-based, of course, and there are specific communities that are at the heart of fair share issues.</p> <p>Though the unequal distribution of shelters was stark, the report was more an indictment of the failure of the Fair Share Criteria to ensure transparency in the shelter siting process. The criteria, the report said, should “set the framework for dialogue between communities and government in an effort to achieve optimal levels of efficiency, utility, and fairness in the siting of public facilities,” and were developed “to provide communities with a transparent decision-making process that facilitates adequate planning and takes communities’ needs into account.”</p> <p>To this end, the report pointed out a litany of shortcomings, chief among them that a large number of homeless shelters are regularly not included on the annual Citywide Statement of Needs. Many DHS shelters are excluded, as are emergency shelters, which by nature are not anticipated, though potential sites could be identified earlier; as well as per diem shelters, “which are not City facilities” and therefore skirt a real public input process. Those exclusions, the report says, prevent communities from offering comment or intervening once a site has been chosen.</p> <p>The lengthy report contains a thorough critique of and suggestions for improvement to the transparency aspects of the Fair Share Criteria, but the driving conclusions were that “there is poor notification and limited community participation in decisions about siting family and adult homeless shelters” and that “clustering is occurring and that certain neighborhoods across the City have a higher proportion of family and adult shelters than others” - namely, low-income neighborhoods such as Bedford-Stuyvesant and Brownsville in Brooklyn, Fordham, Morris Heights, Belmont, and East Tremont in the Bronx, and Central Harlem in Manhattan.</p> <p>If the public notification and input process were improved, the report says, a more transparent process might create a more equitable distribution of facilities.</p> <p>The problems of transparency and clustering don’t seem to have improved significantly since that data was collected in 2011.</p> <p>In 2015, the Department of Homeless Services <a href="https://www.dnainfo.com/new-york/20150824/belmont/map-10-community-districts-carry-bulk-of-citys-homeless-shelters" target="_blank">released data</a> showing that the ten community districts with the most homeless shelters contain more shelters than the other 49 districts combined. Of those top ten districts, four were located in the Bronx.</p> <p>The other areas with the highest concentration of shelters were almost all low-income and predominantly non-white, including Manhattan Community Boards 10 and 3 in Harlem and the Lower East Side, respectively; Brooklyn CB3 in Bed-Stuy; and Manhattan CB11 in East Harlem.</p> <p>“New York City is legally obligated to provide shelter to any New Yorker who would otherwise be on the streets,” said a Department of Homeless Services spokesperson in an email. “Mayor de Blasio charged the administration with evaluating the breadth of human services located in each community district citywide to identify areas to locate new shelter facilities. We are committed to engaging communities on these issues, listening to feedback and working to address community concerns.”</p> <p>DHS takes a number of factors into consideration when selecting a new site for a homeless shelter -- rating the bid made for the site, whether the building has the appropriate documentation, including a Certificate of Occupancy, whether it complies with requirements of the state Office of Temporary and Disability Assistance (OTDA), timeframe of availability, potential capacity and saturation, among others. The OTDA also has to approve the expansion of an existing shelter. In non-emergency circumstances, the city ensures that elected officials are informed of a shelter opening at least 45 days in advance. DHS now also creates a Community Advisory Board for every new shelter. These boards, comprised of appointees of local elected officials and community members, hold monthly meetings with DHS staff, the shelter operator, and NYPD to discuss any pertinent issues.</p> <p>However, the regulatory void in which homeless shelter siting operates became apparent in 2014, when DHS successfully opened a new homeless shelter for adult families without children at 56-66 Clay St. in Greenpoint, Brooklyn, despite protests from local officials and community members that a public review process had not taken place.</p> <p>Assembly Member Joseph Lentol pushed back, citing the four existing shelters in his district, and asking city officials to consider the Fair Share Criteria before making a final decision.</p> <p>"For more than 40 years we have been our brother’s keeper, and we continue to accept that responsibility on the condition that we are not being unfairly singled out to carry this burden," Lentol said in a letter to Department of Homeless Services about the conflict. "Other communities are not carrying this same burden because Community Board 1 is unfairly carrying this load."</p> <p>But the shelter on Clay Street was not subject to the Fair Share Criteria, or to any lengthy public review process. It was instated as an emergency shelter, for which DHS must only give seven days notice. While DHS acted legally, the shelter felt as though it had been “smuggled in by the dead of night,” Board 1 chair Dealice Fuller said in a letter to Mayor de Blasio last year.&nbsp;</p> <p><strong>Waste Management</strong><br />On August 17, Mayor de Blasio announced major planned reforms to the city’s commercial sanitation industry, which would seek to reduce truck traffic and emissions, increase recycling and promote environmental justice by creating commercial waste zones that are each served by one private sanitation company. The plan was praised by the Transform Don’t Trash NYC coalition, an environmental justice community group that has long advocated against the problem of waste facility clustering in the city.</p> <p>While city officials are making and eyeing significant strides toward reducing the amount of waste New York residents and businesses produce, processing and transfer stations are concentrated in a handful of low-income communities populated predominantly by people of color.</p> <p>Transform Don’t Trash NYC <a href="http://transformdonttrashnyc.org/resources/dirty-wasteful-unsustainable-the-urgent-need-to-reform-new-york-citys-commercial-waste-system/" target="_blank">released a report in 2015</a> indicting the city’s “inefficient and ad-hoc arrangement” for waste processing that allows hundreds of private hauling companies to collect waste from restaurants, stores, and other businesses each night and “truck it to dozens of transfer stations and recycling facilities concentrated in a handful of low-income communities of color.”</p> <p>After collecting data for both city-run and privately-owned waste collectors, the report authors found that 75% of all waste handled in New York City is trucked to transfer stations in <a href="http://www.gothamgazette.com/index.php/government/5589-the-bronx-is-breathing-waste-transfer-station-city-council" target="_blank">just three outer-borough neighborhoods</a> in North Brooklyn, the South Bronx, and Northeast Queens.</p> <p>The 4,000-plus diesel trucks that transport waste to those facilities each day emit exhaust, increase traffic congestion, and add wear and tear to roads, according to the report. The study found that the trucks’ emissions alone have a significant negative impact of <a href="http://www.gothamgazette.com/index.php/government/5111-while-improving-quiet-crisis-air-quality-persists-new-york-city-asthma-air-pollution" target="_blank">air quality in neighborhoods</a> where waste facilities are clustered.</p> <p>While de Blasio’s new commercial sanitation plan will address these issues, there is no indication if it will also look at the Fair Share Criteria to site new waste management facilities. In March, the New Harlem East Merchants Association wrote a letter to the Department of Sanitation, demanding that the department reconsider its <a href="https://www.dnainfo.com/new-york/20160218/east-harlem/city-ignores-concerns-about-proposed-sanitation-garage-residents-say" target="_blank">decision to open a sanitation garage</a> in a residential neighborhood on 3rd Avenue, about 1,200 feet away from another garage on East 131 Street, and in close proximity to two schools and a new cancer treatment facility.</p> <p>According to a statement from New Harlem East Merchants Association, the addition “would place an unfair burden on the East Harlem community,” which already struggles with an asthma rate twice that of the city-wide average (asthma rates in the nearby South Bronx are also quite high). The city has not indicated that community protest will prevent a second garage from going up.</p> <p>However, where the Fair Share Criteria have failed, local legislators are pursuing alternative projects and policies to prevent low-income communities from handling the vast majority of the city’s waste with a mind toward more equitable distribution.</p> <p>Building on the 20-year <a href="http://www1.nyc.gov/assets/dsny/about/laws/solid-waste-management-plan.shtml" target="_blank">Solid Waste Management Plan</a> (SWMP), which has an environmental justice focus and was adopted by Mayor Bloomberg and the City Council in 2006, City Council Member Steve Levin of Brooklyn introduced a bill in October 2014. <a href="http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=1937616&amp;GUID=2680B9A0-32EF-4B2F-BFD3-85D48111006F&amp;Options=ID|Text|&amp;Search=495" target="_blank">Intro. 495</a>, also known as the “Trash Cap,” would cut the daily waste processing capacity in the three most-burdened neighborhoods -- North Brooklyn, South Bronx, and Northeast Queens -- by 50% of the daily trash volume they currently receive, according to Council Member Antonio Reynoso’s legislative director, Lacey Tauber. It would also cap the permitted capacity of waste transfer stations at 10 percent of the average citywide capacity.&nbsp;</p> <p>Reynoso, who is chair of the Council’s Committee on Sanitation and Solid Waste, also represents the district with the highest concentration of waste facilities: parts of Brooklyn including Williamsburg and Bushwick.&nbsp;</p> <p>Under the trash cap bill, all community districts with solid waste transfer stations would be capped, but not every cap would be the same, Tauber told Gotham Gazette. The bill considers any community district handling more than 10 percent of the city’s waste as overburdened and seeks to ensure that community districts that aren’t already over that threshold are capped at 10 percent and cannot be pushed over it.</p> <p>“The [10 percent] cap on citywide waste ensures that lessening the burden on one community does not simply transfer that full burden to another similar community,” Tauber said.</p> <p>Tauber added that pairing prevention of over-saturation of waste facilities with a clear alternative is key to not sacrificing equity in one community to benefit another.</p> <p>“If we say you can’t bring it here but don’t specify where it can go, that directs waste to other low-income communities of color,” Tauber said.</p> <p>After negotiations with the de Blasio administration about the bill, which had a hearing early in 2015, it was amended to increase the cap from the original proposal of 5 percent to the current 10 percent. The bill has not yet been voted on in committee.</p> <p>Another way to decrease truck traffic and associated ills is through the use of marine transfer stations, or MTS, where waste leaves the city via barge, decreasing traffic and consolidating the process. The city is opening MTS in Queens, Brooklyn, and, perhaps most famously, on 91 Street on the Upper East Side. According to the NYC Environmental Justice Alliance, the latter, a wealthy and well-connected neighborhood, has funneled hundreds of thousands of dollars into an <a href="http://ny.curbed.com/2014/11/25/10018036/trash-clash" target="_blank">opposition campaign</a>. Nevertheless, construction is still underway, and proponents of MTS believe the three will offer significant relief to overburdened communities.</p> <p>“It will help decrease traffic, congestion, pollution - everything that the trucks bring into those low-income neighborhoods,” Tauber said of the Upper East Side MTS.</p> <p>Yet, the MTS currently only deal with the residential waste under the jurisdiction of the Department of Sanitation. Incentivizing private truck companies that pick up waste from businesses and restaurants is another challenge that the city appears to be targeting through the neighborhood zoning plan. This model allows the city to consolidate truck traffic and regulate labor standards, truck emissions, and more. The proposal that the de Blasio administration put out has <a href="http://www.politico.com/states/new-york/albany/story/2016/08/tough-fight-in-store-for-de-blasios-private-carting-proposal-104815" target="_blank">a long way to go before becoming law</a>.</p> <p><strong>Updating Fair Share</strong><br />Despite noble intentions, the Fair Share Criteria does not achieve the kind of transparent public input process and equitable city landscape sought by its supporters. While Speaker Mark-Viverito promised in her February State of the City address that the City Council would “empower neighborhoods by working with our partners in City and State government to create tools and improve opportunities for public input in the Fair Share process,” no specific legislation has been put forth. In the August interview with Gotham Gazette, she said the Council was exploring the issue, and may put out a paper on it.&nbsp;</p> <p>City Council Member Brad Lander, long a proponent of progressive city planning practices, has clear ideas about how to revamp the criteria.</p> <p>“Step one is to provide more transparency on both the existing siting of various forms of municipal infrastructure and services that are covered by the fair share rules, and more transparency on each individual application so it will be possible to really evaluate whether it is fair or not fair,” Lander told Gotham Gazette in an interview.</p> <p>Second, Lander said that the criteria have to be updated. “If City Planning wants to do that, great. But if not, we need to step forward and push them to do it,” he said.</p> <p>The third objective, Lander said, and one that could be the most challenging legislatively, “is putting some teeth in the laws, having some consequence for unfair sitings, making unfair sitings be more difficult for the city than fairer ones.”</p> <p>“Developing a system that has at least a thumb on the scale toward more equitable distribution: that’s the ultimate goal,” Lander said.</p> <p>The City made significant moves in this direction in April, according to Lander, when the administration quietly resurrected the formerly-annual <a href="http://www1.nyc.gov/assets/operations/downloads/pdf/Social-Indicators-Report-April-2016.pdf" target="_blank">Social Indicators Report.</a> Though the annual report was mandated in the same 1989 Charter Revision that created the Fair Share Criteria, this is the first report to be published by a Mayor in a decade.</p> <p>The report, which mostly escaped public notice, provides a comprehensive statistical snapshot of the city, ostensibly to provide a clearer understanding of both need and progress in various communities. The data is disaggregated by 45 different indicators, including race, income, gender, education, English proficiency, and others. The report’s introduction states that it is “meant to help guide the City’s efforts to reduce disparities and advance equity.”</p> <p>Lander says that while the City Council works on how to update and improve the Fair Share Criteria, the Social Indicators Report is a valuable and promising tool. “It’s a good, strong step forward,” Lander said. The Council member did not indicate whether anything on fair share from his office or the Council in general should be expected any time soon.</p> <p>Eddie Bautista, executive director of the New York City Environmental Justice Alliance and veteran in the fight against clustering waste facilities in low-income neighborhoods, is cautiously optimistic.</p> <p>“What would make it meaningful would be to go back to the original concept: transparency and a full accounting of the burdens and lack of benefits in each community,” Bautista said.</p> <p>“The Fair Share Criteria was all we could muster in ‘89 and ‘90. After 25 years of cynicism, I’m looking forward to the [City Council] speaker - the first speaker of color - and Brad Lander - an activist involved in early fair share conversations - working toward a solution on this.”</p> <p><em>**This is part two of a two-part series on the city’s Fair Share rules. Read part one:&nbsp;<a href="http://www.gothamgazette.com/index.php/city/6630-city-may-soon-have-more-formal-fair-share-discussion" target="_blank">City May Soon Have More Formal ‘Fair Share’ Discussion</a>**</em></p> <p>***<br />by Maggie Calmes &amp; Samar Khurshid for Gotham Gazette<br /><a href="https://twitter.com/GothamGazette" target="_blank">@GothamGazette</a></p> <p>Note: this story has been updated to reflect amended language in Intro. 495, the "Trash Cap" bill.</p> The Week Ahead in New York Politics, April 4 2016-04-03T05:00:00+00:00 2016-04-03T05:00:00+00:00 http://www.gothamgazette.com/?id=6260:the-week-ahead-in-new-york-politics-april-4 Super User <p><img src="http://www.gothamgazette.com/images/graphics/2014/03/640px-New_York_City_Hall.jpg" alt="New York City Hall" height="450" width="600" /></p> <p><span style="font-size: 10pt;">New York City Hall</span></p> <hr /> <p><strong>What to watch for this week in New York politics:</strong></p> <p>We're about two weeks from New York's April 19 presidential primary vote. The three remaining Republican candidates and two remaining Democrats have been campaigning in New York, which is more in play than it has been in several cycles. Hillary Clinton is set to hold events in New York City and Albany Monday, including a rally with Gov. Cuomo and a meeting with state Assembly Democrats, and while the candidates are also paying attention to Wisconsin as the week begins, New York already has a great deal of their and the nation's focus. It should be an exciting and dramatic two weeks. As this week begins, the Clinton and Sanders campaigns continue to spar over whether there will be a Democratic debate in New York before the state votes.</p> <p>All three Republican candidates - Donald Trump, Ted Cruz, and John Kasich - are set to attend the New York GOP's annual gala, set for April 14. The candidates are expected to campaign in New York over the next two weeks.</p> <p>The day of the New York presidential primaries, April 19, is also the date of special elections in the state Legislature, including the races to replace both former Assembly Speaker Sheldon Silver and former Senate Majority Leader Dean Skelos. Both those races appear competitive two weeks out. The Senate race is especially important given that Democrats are eyeing this year's elections as a chance to take control of the chamber - they already have a wide majority in the Assembly.</p> <p>Monday will see return to a focus on the recently-passed state budget. Hillary Clinton will rally in New York City Monday with Gov. Cuomo and others to celebrate that the budget includes a path to a $15 per hour minimum wage and a paid family leave policy.</p> <p>There is sure to be more analysis of the $147-plus billion budget this week, it was passed Friday after much last-minute negotiating (a deal was announced just a few hours before the midnight Thursday deadline, with voting by the Legislature taking place through Thursday evening and into Friday - the state's fiscal year begins April 1). The new budget was met with some criticism, largely over the process by which it was agreed upon and passed with little time for review by lawmakers and the public, and much celebration, especially over the minimum wage and paid family leave provisions, as well as increased funding for education, transportation infrastructure, and more. There is a lot of budget language to digest as the details have been made public.</p> <p>The Legislature is due in Albany for three days of post-budget legislative session this week. Including this week, there are 27 days of session scheduled between now and its scheduled end on June 16. Issues to address include mayoral control of New York City schools, which expires at the end of June (the Senate will hold two May hearings, it recently announced, at which Mayor de Blasio is expected to testify), a property tax abatement program to spur affordable housing development (renewing or replacing the expired 421-a program), raising the age of adult criminal responsibility from 16, the Dream Act, and much more - including government ethics reform, which the governor says will be his top priority after none was included in the budget deal.</p> <p>On Monday we expect the City Council's official response to Mayor Bill de Blasio's $82 billion preliminary budget plan. The Council has held a month of budget hearings and now has the state budget to consider, so it is able to give its response to the mayor, who will take it and the state budget into account as he prepares his executive budget. When de Blasio releases his updated spending plan in a few weeks, it will kick off another round of Council budget hearings as the two sides head toward a deal by the end of June and the July 1 start of the city's new fiscal year. Since major cuts in funding to the city from the state that Gov. Cuomo had in his budget plan were taken out of the final deal, there will be little drama to the city budget process the rest of the way. The biggest bone of contention appears to be whether the mayor is insisting on enough agency savings. There will also be small battles over things like <a href="http://www.gothamgazette.com/index.php/government/6240-library-funding-one-discrepancy-in-quiet-city-budget-season" target="_blank">levels of library funding</a>.</p> <p>Many eyes are also <a href="http://www.gothamgazette.com/index.php/government/6262-with-clock-ticking-east-new-york-negotiations-to-heat-up" target="_blank">on East New York as the week begins</a>. A large area of the Brooklyn community is set to be rezoned, the first of 15 neighborhoods where the de Blasio administration plans to significantly change land use rules to facilitate more housing and community improvements, but the clock is ticking as the administration and local stakeholders, led by City Council Member Rafael Espinal, <a href="http://www.gothamgazette.com/index.php/government/6262-with-clock-ticking-east-new-york-negotiations-to-heat-up" target="_blank">negotiate the final details of the plan</a>. There is no zoning subcommittee or land use committee vote scheduled as of Sunday evening, but one could be scheduled if a deal is reached. The parties have until the end of the month to reach and pass a deal.</p> <p>As always, there's a great deal happening&nbsp;all over the city, with many events to be aware of - read our day-by-day rundown below.</p> <p style="text-align: center;"><em>***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?</em><br /><em>E-mail Gotham Gazette editor Ben Max:&nbsp;<a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com">bmax@gothamgazette.com</a>***</em></p> <p><strong>The run of the week in detail:</strong></p> <p><strong>Monday<br /></strong>Both houses of the New York State Legislature are in session on Monday in Albany.</p> <p dir="ltr">The City Council’s preliminary budget response to Mayor de Blasio is expected on Monday.</p> <p dir="ltr">At 11 a.m. Monday at the Javits Center in Manhattan, The Mario Cuomo Campaign for Economic Justice will hold a "victory rally for $15 minimum wage and paid family leave"&nbsp;- participants will include "Governor Andrew M. Cuomo; Hillary Clinton; George Gresham, President of 1199SEIU United Healthcare Workers East and Chair of the Mario Cuomo Campaign for Economic Justice; labor leaders; advocates and minimum wage workers." City Council Speaker Melissa Mark-Viverito is expected to attend the rally, according to her schedule.</p> <p dir="ltr">On Monday at 1 p.m. at 1 Police Plaza,&nbsp;"Mayor de Blasio and Police Commissioner William Bratton will host a press conference to discuss monthly crime stats," according to the mayor's public schedule.</p> <p dir="ltr"><a href="http://legistar.council.nyc.gov/Calendar.aspx" target="_blank">At the City Council</a> on Monday:</p> <ul> <li dir="ltr">10 a.m., the Committee on Transportation will meet to discuss several items, such as the provision of certain parking privileges for press vehicles, the requirement of curb extensions at certain dangerous intersections, and the establishment of Earth Day 2016 as a car-free day for private and all non-essential city vehicles.</li> <li dir="ltr">10:30 a.m., the Committee on Rules, Privileges and Elections will meet to discuss various candidates for appointment to the Civilian Complaint Review Board, the Board of Corrections, and the City Planning Commission.</li> <li dir="ltr">1 p.m., the Subcommittee on Planning, Dispositions and Concessions will meet to address several land use applications.</li> <li dir="ltr">1 p.m., the Committee on Contracts will hold an oversight meeting on the challenges facing nonprofits in city contracting.</li> </ul> <p dir="ltr">At 11:30 a.m. Monday, schools Chancellor Carmen Fariña&nbsp;will visit "a Model Dual Language Program to make an announcement," at High School for Dual Language and Asian Studies in Manhattan.</p> <p dir="ltr">On Monday at noon,&nbsp;"At a press conference Monday, the New York City Environmental Justice Alliance will release a new report on Mayor de Blasio's OneNYC Plan, his administration's blueprint for increasing the city's environmental sustainability and resiliency. The report shows that six low-income communities of color on the waterfront designated by the city as Significant Maritime and Industrial Areas (SMIAs)—the South Bronx, Sunset Park, Red Hook, Newtown Creek, Brooklyn Navy Yard, and the North Shore of Staten Island—are still the most vulnerable to the threats of climate change and not sufficiently protected by the OneNYC Plan. A number of constructive recommendations for strengthening the plan are offered in the detailed report."</p> <p dir="ltr">At 5 p.m. Monday, Comptroller Scott Stringer will deliver remarks&nbsp;"at 32BJ Security Contract Rally" at the Wall Street Bull. At 9 p.m., Stringer will appear on BronxTalk with Gary Axelbank (BronxNet TV or Bronxnet.org).</p> <p dir="ltr">At 7:30 p.m. Monday in Albany, the burgeoning Museum of Political Corruption will host a <a href="http://www.museumofpoliticalcorruption.org/news.html" target="_blank">roundtable discussion and public forum</a> on political corruption following a reception and fundraiser. Speakers include Frank Anechiarico, professor of government and law at Hamilton College; Blair Horner, Executive Director of the New York Public Interest Research Group; Zephyr Teachout, Fordham Law School professor and Congressional candidate; Jimmy Vielkind, Politico NY Albany bureau chief; and Thomas Bass, SUNY Albany professor, who will moderate.</p> <p><strong>Tuesday<br /></strong>Both houses of the New York State Legislature are in session on Tuesday in Albany.</p> <p dir="ltr">At 8 a.m., Bill Mulrow, secretary to Gov. Andrew Cuomo will <a href="http://www.gothamgazette.com/#utm_medium=email&amp;utm_source=cnyb-events&amp;utm_campaign=cnyb-events-20160317" target="_blank">discuss</a> the administration’s budget goals and legislative priorities, including a $15 minimum wage, paid family leave, and infrastructure projects, at a Crain’s New York Business event. Moderating the conversation will be Crain’s New York editor Erik Engquist and Ken Lovett of the Daily News.</p> <p dir="ltr">At 10 a.m. Tuesday on the Upper East Side,&nbsp;the launch of LinkNYC Kiosks with free Wi-Fi and more, featuring City Council Member Ben Kallos, Assistant Commissioner Telecommunications Planning at NYC Department of Information and Technology Stanley Shor and LinkNYC General Manager Jen Hensley (86th Street and 3rd Avenue, South East Corner).</p> <p dir="ltr">At the City Council on Tuesday: at 10 a.m., the Committee on Immigration will address a resolution calling on the U.S. Supreme Court to issue a decision in U.S. v. Texas, which overturns the Fifth Circuit’s ruling and upholds the implementation of President Obama’s expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs.</p> <p dir="ltr">At 2 p.m., a town hall meeting to discuss the 2017 referendum to hold a New York constitutional convention will be held at the University at Buffalo. The event will feature a number of experts, such as Gerald Benjamin of SUNY New Paltz and Henrik Dullea, who served as director of state operations and policy management for Governor Mario Cuomo from 1983-91, who will discuss what a constitutional convention would look like and the issues at stake in constitutional reform.</p> <p dir="ltr">At 6 p.m., The Coalition to End Broken Windows will launch a two-day <a href="https://www.eventbrite.com/e/breaking-broken-windows-tickets-21796569125" target="_blank">conference</a>, Breaking Broken Windows, at the CUNY Graduate Center. Participants will evaluate, debate, and debunk Broken Windows policing theory, which “contends that policing disorder leads to reductions in serious crime.” They will also analyze the era of mass criminalization and imprisonment while working towards alternative solutions for a better future for New York City. Speakers include a variety of academics, advocates, and journalists, including Noha Arafa, of New Yorkers Against Bratton, Janine Jackson of Fairness &amp; Accuracy in Reporting, and Professor Alex Vitale of Brooklyn College.</p> <p dir="ltr">Tuesday at 6:30 p.m. in Queens, "City Council "Majority Leader Jimmy Van Bramer and Access Queens will host a Town Hall on the 7 train with New York City Transit President Veronique "Ronnie" Hakim. At this event, 7 train riders, angry and frustrated by seemingly endless delays, overcrowding, and weekend and evening closures, will have the opportunity to ask questions and share concerns directly with the president of New York City Transit."</p> <p><strong>Wednesday<br /></strong>Both houses of the New York State Legislature are in session on Wednesday in Albany.</p> <p dir="ltr">The Manhattan Institute and the Fordham Institute will host a <a href="http://www.manhattan-institute.org/html/future-charter-schools—and-school-choice—-nyc-8621.html?et=5c3c75c9f5a6e1fc8f4bc64f46e771fc" target="_blank">conference</a> beginning at 8:30 a.m. Wednesday to address “The Future of Charter Schools—And School Choice—In NYC,” following a recent study ranking U.S. cities on various school-choice metrics (by the Fordham Institute) finding that local political support for charters in NYC has fallen from 8th to 26th place, and the city’s overall ranking from 3rd to 12th. Speakers include Priscilla Wohlstetter, professor at Teachers College, Columbia University; James Merriman, president of the New York City Charter School Center; Michael Petrilli, president of the Fordham Institute; and Charles Sahm, Director of Education Policy at the Manhattan Institute.</p> <p dir="ltr"><a href="http://legistar.council.nyc.gov/Calendar.aspx" target="_blank">At the City Council</a> on Wednesday:</p> <ul> <li dir="ltr">10 a.m., the Committee on Public Safety will meet to address several resolutions on Nicholas’ Law, the Public Safety and Second Amendment Rights Protection Act, Congressional funding for gun violence research, safeguards against wrongful convictions, and opposing the Constitutional Concealed Carry Reciprocity Act.</li> <li dir="ltr">11 a.m., the Committee on Economic Development will hear a bill requiring a survey and study of racial, ethnic, and gender diversity among the leadership of city contractors.</li> <li dir="ltr">11 a.m., the Committee on Land Use will meet to address several issues deferred from the meeting of the Subcommittee on Zoning and Franchises and the Subcommittee on Landmarks, Public Siting, and Maritime Uses.</li> <li dir="ltr">1 p.m., the Committee on Governmental Operations will meet to evaluate the structure and content of the preliminary Mayor’s Management Report.</li> </ul> <p>On Wednesday at 11 a.m. in Albany,&nbsp;"State Senator Liz Krueger will hold a forum on modernizing sales tax collection in New York State. New York State's current system of sales tax collection has not kept up with changes in retail payment methods and technological innovation. This forum will evaluate proposals for modernizing the collection of sales tax to improve its efficiency for retailers and to reduce the potential for fraud through sales tax suppression. One tax researcher has estimated that sales tax suppression costs New York State $1.7 billion in revenue annually. A number of other states and countries have adopted or are exploring the adoption of new technologies to address these issues."</p> <p>At 6:30 p.m. Wednesday, the Brooklyn Historical Society will host a <a href="https://www.eventbrite.com/e/moving-beyond-the-rhetoric-creating-a-diverse-workplace-in-the-21st-c-tickets-22062477464?ct=t(March+Programs+Week+3+(03082016))&amp;mc_eid=[UNIQID]&amp;mc_cid=6d60e307a9" target="_blank">panel</a> to discuss “Moving Beyond the Rhetoric: Creating a Diverse Workplace in the 21st Century.” Panelists include professionals leading Bloomberg LP’s Diversity and Inclusion group; Kristen Titus, Founding Director of NYC Tech Talent Pipeline; Anthony Crowell, President of New York Law School; Eulas Boyd, Dean of Admissions at Brooklyn Law School; and Tom Finkelpearl, Commissioner, NYC Department of Cultural Affairs” and will discuss their experiences in building and instituting workplace diversity policies.</p> <p><strong>Thursday<br /></strong>At 9:30 a.m. Thursday, Columbia’s schools of International and Public Affairs and Law will host a public policy forum about policing, criminal justice reform, and public integrity. Loretta Lynch, the 83rd Attorney General of the U.S., will deliver the keynote address. Former Mayor David Dinkins, who the event is named for and is a professor at Columbia, will deliver remarks. Professor Ester Fuchs will moderate a panel on&nbsp;on "Criminal Justice Reform and Public Integrity" featuring Mark Peters, Commissioner, NYC Department of Investigation; Daniel C. Richman, Paul J. Keller Professor of Law, Columbia Law School; Ken Thompson, Brooklyn District Attorney; Nicholas Turner, President and Director, Vera Institute of Justice. (This event is by invitation only.)</p> <p dir="ltr">At the City Council on Thursday:</p> <ul> <li dir="ltr">10 a.m., the Committee on Finance will meet to address a land use application and introduce a bill establishing a temporary program to resolve outstanding penalties imposed by the environmental control board.</li> <li dir="ltr">1:30 p.m., the City Council will hold a full-body stated meeting, which will be prefaced as usual by a pre-stated press conference hosted by Council Speaker Melissa Mark-Viverito.</li> </ul> <p dir="ltr">State Legislature hearings Thursday:</p> <ul> <li dir="ltr">10 a.m. in Albany, the Assembly Standing Committee on Insurance and the Assembly Standing Committee on Health will be hosting a <a href="http://assembly.state.ny.us/write/upload/publichearing/20160318.pdf" target="_blank">public hearing</a> to evaluate the process of modifying or enhancing health insurance coverage requirements under the Affordable Care Act.</li> <li dir="ltr">Noon in Oakdale, the Senate Joint Task Force on Heroin and Opioid Addiction will host a <a href="http://assembly.state.ny.us/leg/?sh=hear" target="_blank">public meeting</a> to examine the issues facing communities in the wake of increased heroin abuse.</li> </ul> <p dir="ltr">At 5 p.m. Thursday, the MTA will hold a <a href="http://web.mta.info/mta/news/hearings/" target="_blank">public hearing</a> about a proposal to restore service to the N and Q lines in connection with the opening of Phase I of the Second Avenue Subway, expected to be completed late this year.</p> <p><strong>Friday and the weekend<br /></strong>U.S. Attorney for the Southern District of New York Preet Bharara <a href="https://twitter.com/PreetBharara/status/715551466505814016" target="_blank">is scheduled to deliver</a> the keynote speech at the New York Press Association Spring <a href="https://www.regonline.com/builder/site/tab2.aspx?EventID=1812032" target="_blank">Convention</a>, which will begin at 9 a.m. Friday.</p> <p>At 9:30 a.m. on Saturday, Staten Island Borough President James S. Oddo will join the ROLE Call in hosting the NYC Fatherhood and Family Enrichment Conference at Port Richmond High School. This <a href="https://www.eventbrite.com/e/nyc-fatherhood-and-family-enrichment-conference-2016-tickets-21128906127" target="_blank">event</a> aims to enhance Fatherhood Engagement by offering seminars and workshops in family and fatherhood services.</p> <p>***<br />Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time:&nbsp;<a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com">bmax@gothamgazette.com</a>&nbsp;(please use "For Week Ahead" as email subject).</p> <p>***<br />by Kelly Fan and Ben Max<br /><a href="https://twitter.com/GothamGazette" target="_blank">@GothamGazette</a></p> <p><img src="http://www.gothamgazette.com/images/graphics/2014/03/640px-New_York_City_Hall.jpg" alt="New York City Hall" height="450" width="600" /></p> <p><span style="font-size: 10pt;">New York City Hall</span></p> <hr /> <p><strong>What to watch for this week in New York politics:</strong></p> <p>We're about two weeks from New York's April 19 presidential primary vote. The three remaining Republican candidates and two remaining Democrats have been campaigning in New York, which is more in play than it has been in several cycles. Hillary Clinton is set to hold events in New York City and Albany Monday, including a rally with Gov. Cuomo and a meeting with state Assembly Democrats, and while the candidates are also paying attention to Wisconsin as the week begins, New York already has a great deal of their and the nation's focus. It should be an exciting and dramatic two weeks. As this week begins, the Clinton and Sanders campaigns continue to spar over whether there will be a Democratic debate in New York before the state votes.</p> <p>All three Republican candidates - Donald Trump, Ted Cruz, and John Kasich - are set to attend the New York GOP's annual gala, set for April 14. The candidates are expected to campaign in New York over the next two weeks.</p> <p>The day of the New York presidential primaries, April 19, is also the date of special elections in the state Legislature, including the races to replace both former Assembly Speaker Sheldon Silver and former Senate Majority Leader Dean Skelos. Both those races appear competitive two weeks out. The Senate race is especially important given that Democrats are eyeing this year's elections as a chance to take control of the chamber - they already have a wide majority in the Assembly.</p> <p>Monday will see return to a focus on the recently-passed state budget. Hillary Clinton will rally in New York City Monday with Gov. Cuomo and others to celebrate that the budget includes a path to a $15 per hour minimum wage and a paid family leave policy.</p> <p>There is sure to be more analysis of the $147-plus billion budget this week, it was passed Friday after much last-minute negotiating (a deal was announced just a few hours before the midnight Thursday deadline, with voting by the Legislature taking place through Thursday evening and into Friday - the state's fiscal year begins April 1). The new budget was met with some criticism, largely over the process by which it was agreed upon and passed with little time for review by lawmakers and the public, and much celebration, especially over the minimum wage and paid family leave provisions, as well as increased funding for education, transportation infrastructure, and more. There is a lot of budget language to digest as the details have been made public.</p> <p>The Legislature is due in Albany for three days of post-budget legislative session this week. Including this week, there are 27 days of session scheduled between now and its scheduled end on June 16. Issues to address include mayoral control of New York City schools, which expires at the end of June (the Senate will hold two May hearings, it recently announced, at which Mayor de Blasio is expected to testify), a property tax abatement program to spur affordable housing development (renewing or replacing the expired 421-a program), raising the age of adult criminal responsibility from 16, the Dream Act, and much more - including government ethics reform, which the governor says will be his top priority after none was included in the budget deal.</p> <p>On Monday we expect the City Council's official response to Mayor Bill de Blasio's $82 billion preliminary budget plan. The Council has held a month of budget hearings and now has the state budget to consider, so it is able to give its response to the mayor, who will take it and the state budget into account as he prepares his executive budget. When de Blasio releases his updated spending plan in a few weeks, it will kick off another round of Council budget hearings as the two sides head toward a deal by the end of June and the July 1 start of the city's new fiscal year. Since major cuts in funding to the city from the state that Gov. Cuomo had in his budget plan were taken out of the final deal, there will be little drama to the city budget process the rest of the way. The biggest bone of contention appears to be whether the mayor is insisting on enough agency savings. There will also be small battles over things like <a href="http://www.gothamgazette.com/index.php/government/6240-library-funding-one-discrepancy-in-quiet-city-budget-season" target="_blank">levels of library funding</a>.</p> <p>Many eyes are also <a href="http://www.gothamgazette.com/index.php/government/6262-with-clock-ticking-east-new-york-negotiations-to-heat-up" target="_blank">on East New York as the week begins</a>. A large area of the Brooklyn community is set to be rezoned, the first of 15 neighborhoods where the de Blasio administration plans to significantly change land use rules to facilitate more housing and community improvements, but the clock is ticking as the administration and local stakeholders, led by City Council Member Rafael Espinal, <a href="http://www.gothamgazette.com/index.php/government/6262-with-clock-ticking-east-new-york-negotiations-to-heat-up" target="_blank">negotiate the final details of the plan</a>. There is no zoning subcommittee or land use committee vote scheduled as of Sunday evening, but one could be scheduled if a deal is reached. The parties have until the end of the month to reach and pass a deal.</p> <p>As always, there's a great deal happening&nbsp;all over the city, with many events to be aware of - read our day-by-day rundown below.</p> <p style="text-align: center;"><em>***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?</em><br /><em>E-mail Gotham Gazette editor Ben Max:&nbsp;<a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com">bmax@gothamgazette.com</a>***</em></p> <p><strong>The run of the week in detail:</strong></p> <p><strong>Monday<br /></strong>Both houses of the New York State Legislature are in session on Monday in Albany.</p> <p dir="ltr">The City Council’s preliminary budget response to Mayor de Blasio is expected on Monday.</p> <p dir="ltr">At 11 a.m. Monday at the Javits Center in Manhattan, The Mario Cuomo Campaign for Economic Justice will hold a "victory rally for $15 minimum wage and paid family leave"&nbsp;- participants will include "Governor Andrew M. Cuomo; Hillary Clinton; George Gresham, President of 1199SEIU United Healthcare Workers East and Chair of the Mario Cuomo Campaign for Economic Justice; labor leaders; advocates and minimum wage workers." City Council Speaker Melissa Mark-Viverito is expected to attend the rally, according to her schedule.</p> <p dir="ltr">On Monday at 1 p.m. at 1 Police Plaza,&nbsp;"Mayor de Blasio and Police Commissioner William Bratton will host a press conference to discuss monthly crime stats," according to the mayor's public schedule.</p> <p dir="ltr"><a href="http://legistar.council.nyc.gov/Calendar.aspx" target="_blank">At the City Council</a> on Monday:</p> <ul> <li dir="ltr">10 a.m., the Committee on Transportation will meet to discuss several items, such as the provision of certain parking privileges for press vehicles, the requirement of curb extensions at certain dangerous intersections, and the establishment of Earth Day 2016 as a car-free day for private and all non-essential city vehicles.</li> <li dir="ltr">10:30 a.m., the Committee on Rules, Privileges and Elections will meet to discuss various candidates for appointment to the Civilian Complaint Review Board, the Board of Corrections, and the City Planning Commission.</li> <li dir="ltr">1 p.m., the Subcommittee on Planning, Dispositions and Concessions will meet to address several land use applications.</li> <li dir="ltr">1 p.m., the Committee on Contracts will hold an oversight meeting on the challenges facing nonprofits in city contracting.</li> </ul> <p dir="ltr">At 11:30 a.m. Monday, schools Chancellor Carmen Fariña&nbsp;will visit "a Model Dual Language Program to make an announcement," at High School for Dual Language and Asian Studies in Manhattan.</p> <p dir="ltr">On Monday at noon,&nbsp;"At a press conference Monday, the New York City Environmental Justice Alliance will release a new report on Mayor de Blasio's OneNYC Plan, his administration's blueprint for increasing the city's environmental sustainability and resiliency. The report shows that six low-income communities of color on the waterfront designated by the city as Significant Maritime and Industrial Areas (SMIAs)—the South Bronx, Sunset Park, Red Hook, Newtown Creek, Brooklyn Navy Yard, and the North Shore of Staten Island—are still the most vulnerable to the threats of climate change and not sufficiently protected by the OneNYC Plan. A number of constructive recommendations for strengthening the plan are offered in the detailed report."</p> <p dir="ltr">At 5 p.m. Monday, Comptroller Scott Stringer will deliver remarks&nbsp;"at 32BJ Security Contract Rally" at the Wall Street Bull. At 9 p.m., Stringer will appear on BronxTalk with Gary Axelbank (BronxNet TV or Bronxnet.org).</p> <p dir="ltr">At 7:30 p.m. Monday in Albany, the burgeoning Museum of Political Corruption will host a <a href="http://www.museumofpoliticalcorruption.org/news.html" target="_blank">roundtable discussion and public forum</a> on political corruption following a reception and fundraiser. Speakers include Frank Anechiarico, professor of government and law at Hamilton College; Blair Horner, Executive Director of the New York Public Interest Research Group; Zephyr Teachout, Fordham Law School professor and Congressional candidate; Jimmy Vielkind, Politico NY Albany bureau chief; and Thomas Bass, SUNY Albany professor, who will moderate.</p> <p><strong>Tuesday<br /></strong>Both houses of the New York State Legislature are in session on Tuesday in Albany.</p> <p dir="ltr">At 8 a.m., Bill Mulrow, secretary to Gov. Andrew Cuomo will <a href="http://www.gothamgazette.com/#utm_medium=email&amp;utm_source=cnyb-events&amp;utm_campaign=cnyb-events-20160317" target="_blank">discuss</a> the administration’s budget goals and legislative priorities, including a $15 minimum wage, paid family leave, and infrastructure projects, at a Crain’s New York Business event. Moderating the conversation will be Crain’s New York editor Erik Engquist and Ken Lovett of the Daily News.</p> <p dir="ltr">At 10 a.m. Tuesday on the Upper East Side,&nbsp;the launch of LinkNYC Kiosks with free Wi-Fi and more, featuring City Council Member Ben Kallos, Assistant Commissioner Telecommunications Planning at NYC Department of Information and Technology Stanley Shor and LinkNYC General Manager Jen Hensley (86th Street and 3rd Avenue, South East Corner).</p> <p dir="ltr">At the City Council on Tuesday: at 10 a.m., the Committee on Immigration will address a resolution calling on the U.S. Supreme Court to issue a decision in U.S. v. Texas, which overturns the Fifth Circuit’s ruling and upholds the implementation of President Obama’s expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs.</p> <p dir="ltr">At 2 p.m., a town hall meeting to discuss the 2017 referendum to hold a New York constitutional convention will be held at the University at Buffalo. The event will feature a number of experts, such as Gerald Benjamin of SUNY New Paltz and Henrik Dullea, who served as director of state operations and policy management for Governor Mario Cuomo from 1983-91, who will discuss what a constitutional convention would look like and the issues at stake in constitutional reform.</p> <p dir="ltr">At 6 p.m., The Coalition to End Broken Windows will launch a two-day <a href="https://www.eventbrite.com/e/breaking-broken-windows-tickets-21796569125" target="_blank">conference</a>, Breaking Broken Windows, at the CUNY Graduate Center. Participants will evaluate, debate, and debunk Broken Windows policing theory, which “contends that policing disorder leads to reductions in serious crime.” They will also analyze the era of mass criminalization and imprisonment while working towards alternative solutions for a better future for New York City. Speakers include a variety of academics, advocates, and journalists, including Noha Arafa, of New Yorkers Against Bratton, Janine Jackson of Fairness &amp; Accuracy in Reporting, and Professor Alex Vitale of Brooklyn College.</p> <p dir="ltr">Tuesday at 6:30 p.m. in Queens, "City Council "Majority Leader Jimmy Van Bramer and Access Queens will host a Town Hall on the 7 train with New York City Transit President Veronique "Ronnie" Hakim. At this event, 7 train riders, angry and frustrated by seemingly endless delays, overcrowding, and weekend and evening closures, will have the opportunity to ask questions and share concerns directly with the president of New York City Transit."</p> <p><strong>Wednesday<br /></strong>Both houses of the New York State Legislature are in session on Wednesday in Albany.</p> <p dir="ltr">The Manhattan Institute and the Fordham Institute will host a <a href="http://www.manhattan-institute.org/html/future-charter-schools—and-school-choice—-nyc-8621.html?et=5c3c75c9f5a6e1fc8f4bc64f46e771fc" target="_blank">conference</a> beginning at 8:30 a.m. Wednesday to address “The Future of Charter Schools—And School Choice—In NYC,” following a recent study ranking U.S. cities on various school-choice metrics (by the Fordham Institute) finding that local political support for charters in NYC has fallen from 8th to 26th place, and the city’s overall ranking from 3rd to 12th. Speakers include Priscilla Wohlstetter, professor at Teachers College, Columbia University; James Merriman, president of the New York City Charter School Center; Michael Petrilli, president of the Fordham Institute; and Charles Sahm, Director of Education Policy at the Manhattan Institute.</p> <p dir="ltr"><a href="http://legistar.council.nyc.gov/Calendar.aspx" target="_blank">At the City Council</a> on Wednesday:</p> <ul> <li dir="ltr">10 a.m., the Committee on Public Safety will meet to address several resolutions on Nicholas’ Law, the Public Safety and Second Amendment Rights Protection Act, Congressional funding for gun violence research, safeguards against wrongful convictions, and opposing the Constitutional Concealed Carry Reciprocity Act.</li> <li dir="ltr">11 a.m., the Committee on Economic Development will hear a bill requiring a survey and study of racial, ethnic, and gender diversity among the leadership of city contractors.</li> <li dir="ltr">11 a.m., the Committee on Land Use will meet to address several issues deferred from the meeting of the Subcommittee on Zoning and Franchises and the Subcommittee on Landmarks, Public Siting, and Maritime Uses.</li> <li dir="ltr">1 p.m., the Committee on Governmental Operations will meet to evaluate the structure and content of the preliminary Mayor’s Management Report.</li> </ul> <p>On Wednesday at 11 a.m. in Albany,&nbsp;"State Senator Liz Krueger will hold a forum on modernizing sales tax collection in New York State. New York State's current system of sales tax collection has not kept up with changes in retail payment methods and technological innovation. This forum will evaluate proposals for modernizing the collection of sales tax to improve its efficiency for retailers and to reduce the potential for fraud through sales tax suppression. One tax researcher has estimated that sales tax suppression costs New York State $1.7 billion in revenue annually. A number of other states and countries have adopted or are exploring the adoption of new technologies to address these issues."</p> <p>At 6:30 p.m. Wednesday, the Brooklyn Historical Society will host a <a href="https://www.eventbrite.com/e/moving-beyond-the-rhetoric-creating-a-diverse-workplace-in-the-21st-c-tickets-22062477464?ct=t(March+Programs+Week+3+(03082016))&amp;mc_eid=[UNIQID]&amp;mc_cid=6d60e307a9" target="_blank">panel</a> to discuss “Moving Beyond the Rhetoric: Creating a Diverse Workplace in the 21st Century.” Panelists include professionals leading Bloomberg LP’s Diversity and Inclusion group; Kristen Titus, Founding Director of NYC Tech Talent Pipeline; Anthony Crowell, President of New York Law School; Eulas Boyd, Dean of Admissions at Brooklyn Law School; and Tom Finkelpearl, Commissioner, NYC Department of Cultural Affairs” and will discuss their experiences in building and instituting workplace diversity policies.</p> <p><strong>Thursday<br /></strong>At 9:30 a.m. Thursday, Columbia’s schools of International and Public Affairs and Law will host a public policy forum about policing, criminal justice reform, and public integrity. Loretta Lynch, the 83rd Attorney General of the U.S., will deliver the keynote address. Former Mayor David Dinkins, who the event is named for and is a professor at Columbia, will deliver remarks. Professor Ester Fuchs will moderate a panel on&nbsp;on "Criminal Justice Reform and Public Integrity" featuring Mark Peters, Commissioner, NYC Department of Investigation; Daniel C. Richman, Paul J. Keller Professor of Law, Columbia Law School; Ken Thompson, Brooklyn District Attorney; Nicholas Turner, President and Director, Vera Institute of Justice. (This event is by invitation only.)</p> <p dir="ltr">At the City Council on Thursday:</p> <ul> <li dir="ltr">10 a.m., the Committee on Finance will meet to address a land use application and introduce a bill establishing a temporary program to resolve outstanding penalties imposed by the environmental control board.</li> <li dir="ltr">1:30 p.m., the City Council will hold a full-body stated meeting, which will be prefaced as usual by a pre-stated press conference hosted by Council Speaker Melissa Mark-Viverito.</li> </ul> <p dir="ltr">State Legislature hearings Thursday:</p> <ul> <li dir="ltr">10 a.m. in Albany, the Assembly Standing Committee on Insurance and the Assembly Standing Committee on Health will be hosting a <a href="http://assembly.state.ny.us/write/upload/publichearing/20160318.pdf" target="_blank">public hearing</a> to evaluate the process of modifying or enhancing health insurance coverage requirements under the Affordable Care Act.</li> <li dir="ltr">Noon in Oakdale, the Senate Joint Task Force on Heroin and Opioid Addiction will host a <a href="http://assembly.state.ny.us/leg/?sh=hear" target="_blank">public meeting</a> to examine the issues facing communities in the wake of increased heroin abuse.</li> </ul> <p dir="ltr">At 5 p.m. Thursday, the MTA will hold a <a href="http://web.mta.info/mta/news/hearings/" target="_blank">public hearing</a> about a proposal to restore service to the N and Q lines in connection with the opening of Phase I of the Second Avenue Subway, expected to be completed late this year.</p> <p><strong>Friday and the weekend<br /></strong>U.S. Attorney for the Southern District of New York Preet Bharara <a href="https://twitter.com/PreetBharara/status/715551466505814016" target="_blank">is scheduled to deliver</a> the keynote speech at the New York Press Association Spring <a href="https://www.regonline.com/builder/site/tab2.aspx?EventID=1812032" target="_blank">Convention</a>, which will begin at 9 a.m. Friday.</p> <p>At 9:30 a.m. on Saturday, Staten Island Borough President James S. Oddo will join the ROLE Call in hosting the NYC Fatherhood and Family Enrichment Conference at Port Richmond High School. This <a href="https://www.eventbrite.com/e/nyc-fatherhood-and-family-enrichment-conference-2016-tickets-21128906127" target="_blank">event</a> aims to enhance Fatherhood Engagement by offering seminars and workshops in family and fatherhood services.</p> <p>***<br />Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time:&nbsp;<a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com"></a><a href="mailto:bmax@gothamgazette.com">bmax@gothamgazette.com</a>&nbsp;(please use "For Week Ahead" as email subject).</p> <p>***<br />by Kelly Fan and Ben Max<br /><a href="https://twitter.com/GothamGazette" target="_blank">@GothamGazette</a></p>