Gotham Gazette

The Place for New York Policy and politics

Citizens Union

David Howard King

State Government Editor of The Gotham Gazette 

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Sen. Jose Peralta wants action on legislation that would give young undocumented New Yorkers tuition assistance.

He is filing a motion to force the legislation out of committee in the Senate and has written Gov. Andrew Cuomo asking him to make the DREAM Act part of his budget. 

"Under your stewardship, New York has blazed a trail on several of the great issues of our time," Peralta wrote in a letter to Cuomo today. "By passing the DREAM Act, we can take another such monumental step."

"The Fiscal Policy Institute has calculated that bachelor's degree holders pay an additional $3,900 in annual state taxes, meaning that TAP funding for the undocumented would more than pay for itself within six years on average," Peralta continued.

The Assembly has added $25 million for funding the DREAM Act to their budget plan. The deadline for a budget is April 1. 

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City Jobless Rate Rises

The city's jobless rate rose above 9 percent in January despite the fact that the city started the year with more jobs than it has ever had before. The State Labor Department found that the city added85,000 jobs in 2012 and started 2013 with 3.94 million jobs. The Labor Department has concluded that the city's jobless rate rose no higher than 9.5 percent last year and was at 8.8 percent by the end of the year. 


Other Stories We're Following

City Park Staff to be Bolstered (Wall Street Journal)

Amendments to State Gun Law Package in The Works (Albany Times Union)

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The New York Public Interest Groups Straphanger's Campaign Second Annual Platform Survey found that conditions at subway platforms have mostly improved or stayed the same since last year. Only water damage and graffiti increased. Riders still have a one in ten chance of seeing a rat. (read the full report)

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The state Assembly voted yesterday for a 24-month moratorium on hydraulic fracturing, apparently emboldened by Gov. Andrew Cuomo's decision to hold off on allowing the natural gas drilling process in New York state. In a statement defending the bill, Assembly Speaker Sheldon Silver said a moratorium was necessary to allow for sufficient time to thoroughly study the issue. “We need to better understand the broad impacts to our environment, our economy, and the health and safety of all who work and live in New York before the Department of Environmental Conservation makes its decision," he said. Supporters of fracking condemned the move saying fracking will bring a needed boost to the upstate economy. The bill is unlikely to pass in the Senate although members of the Independent Democratic Conference have proposed a similar measure. The Assembly bill also requires a health impact assessment to be carried out using a model recommended by the Centers for Disease Control.


Other Stories We're Following

Cuomo to Hold Telephone Town Hall on Campaign Finance Reform (Capital Tonight)

State Budget Deadline May Be Even Earlier Than Usual (Daily News)

in Albany, Teacher Union's Lobbying Power Remains Unmatched (Gotham Schools)

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The state Assembly voted yesterday for a 24-month moratorium on hydraulic fracturing, apparently emboldened by Gov. Andrew Cuomo's decision to hold off on allowing the natural gas drilling process in New York state.

In a statement defending the bill, Assembly Speaker Sheldon Silver said a moratorium was necessary to allow for sufficient time to thoroughly study the issue. “We need to better understand the broad impacts to our environment, our economy, and the health and safety of all who work and live in New York before the Department of Environmental Conservation makes its decision," he said. 

The Assembly bill also requires a health impact assessment to be carried out using a model recommended by the Centers for Disease Control.

Assemblyman Kevin Cahill of Ulster County lauded the move: “It became evident during our budget hearings that the review currently being done by the New York State Department of Health is inadequate for the protection of New Yorkers. This legislation will create New York-centered studies, taking into account our unique geology and water resources and also capitalize on the experience in other states.”

The Independent Oil and Gas Association and the Business Council both issued statements condemning the Assembly's action. “The proposed moratorium on future natural gas development in upstate New York is seriously ill-informed and ignores science and the experience in other states, and demonstrates continued disregard for farmers, landowners and small businesses in the Southern Tier,” said IOGA Executive Director Brad Gill.

But opponents of hydraulic fracturing, or fracking, say the gas industry simply doesn’t have its heart in the fight because the market demand is not simply there.

“I think the industry is focusing on development in other places,” said Kate Sinding of the Natural Resources Defense Council. “Gas prices are so low that there is just not so much pressure to get into the ground in New York. We are seeing frustration from landowners who are threatening lawsuits but not sure it is practical for the industry right now.”

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Looking for some fisticuffs this afternoon? Too bad! But the next best thing is taking place in the New York Senate where the body is debating legalizing mixed martial arts.

Sen. Joseph Griffo is answering the questions of Sen. Liz Krueger about the finer points of choking out an opponent. Krueger is also concerned about neo-Nazis being involved in MMA. 

The Ultimate Fighting Championships, which is the largest MMA organization, has been lobbying hard for five years to get New York to sanction the sport; most other states have already done so. The UFC donated over $105,000 to Cuomo in his first 18 months in office. 

The UFC has high hopes that this will be the year they get to hold an event in the state, since a number of the biggest opponents of the sport in the Assembly have retired and it also has a pending lawsuit that claims the state ban on MMA is unconstitutional. 

The UFC claims its events will bring millions in revenue and tourism dollars to the state, and has commited to holding events not only in the city but in upstate and western New York. 

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Assembly Republicans are expressing their dissaproval with Speaker Sheldon Silver's legislation that will increase the minimum wage to $9 an hour at a hearing this afternoon. 

Assemblyman Al Graf just got finished noting that this specific bill has no sponsor in the Senate and that it is basically a one-house bill. "All this amounts to is a nice little press release," Graf said. Democratic Keith Wright is the bill's sponsor in the Assembly. 

Silver decided to bring the wage increase to a vote today as negotiations over a minimum wage increase continue between the Senate, Governor and Assembly.

Senate Republicans have acknowledged an increase is likely but they want to pair it with tax cuts. 

Meanwhile, the breakaway Independent Senate Democrats support a wage hike as well.

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A member of a dissident faction of Senate Democrats has introduced legislation that would put a a 24-month moratorium on the form of natural gas drilling known as hydraulic fracturing, pending the outcome of major health studies into the practice. 

Sen. David Carlucci, who is a member of the Independent Democratic Conference representing Rockland and Westchester counties, announced Tuesday that he had introduced the bill.

“A quick buck is not worth the long-term debt that our children will have to live with if we get this decision wrong," Carlucci said in a statement. "Rushing to judgment without all of the facts is a recipe for a disaster, particularly involving a hydrofracking process that lacks transparency and accountability, and has appeared to pose significant harmful health effects towards populations surrounding the Marcellus Shale. I cannot in good conscience support any measure that does not first fully evaluate all related scientific data, and that is precisely what we are advocating for here today. Let’s get the facts at our disposal before we launch into unchartered territory.” 

Sen. Jeff Klein had similar reservations: "As I've said before, I have serious concerns about the process. These studies will provide the Department of Health with a much clearer sense of whether or not hydrofracking can ever be conducted safely."

A release from Carlucci's office notes that three major studies into hydrofracking are ongoing: One on the impacts on drinking water resources by the U.S. Environmental Protection Agency; a Geisinger Health System of Pennsylvania study on the health histories of hundreds of thousands of people who live near natural gas wells on the Marcellus Shale that covers parts of New York as well as Pennsylvania; and a study of health impacts led by academic researchers. 

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The Office of State Comptroller Thomas DiNapoli is making it easy for New Yorkers to track what the state is spending on Hurricane Sandy relief.

DiNapoli ordered all storm expenditures to be expedited and is keeping a very prominent list on his webpage of all the contracts that have been approved, how much money was spent, what it was for and who was contracted.

You can check out the database here. If you see anything interesting, don't hesitate to let us know in the comments section or over social media.  

Here is an accounting of last month's contracts: 

02/22/2013 Cascade Water Services Inc. OGS $175,000 Clean HVAC duct systems, South Beach PC
02/21/2013 WW Grainger DHSES $299,192 Generators, heaters & accessories
02/19/2013 Imperial Restrooms, Inc. DHSES $221,244 Rent portable shower trailers & water tanks
02/13/2013 Teledyne Paradise Datacom, LLC DHSES $66,046 Satellite Modems
02/13/2013 Standard Textile Corp DHSES $89,200 Pillows
02/13/2013 CDW Governement DHSES $71,515 Cameras, ink, printer & accessories
02/13/2013 Audio Video Corp DHSES $146,144 Wireless video system
02/12/2013 Garner Environmental Services DHSES $1,007,087 Pumps and Hoses
02/12/2013 Skyworks LLC DHSES $245,240 Light towers
02/12/2013 Jeres Hardware DHSES $315,029 Generators
02/11/2013 One Power Solutions DHSES $334,107 Mobile water purification unit
02/11/2013 Stone Industries DHSES $235,500 Toilet rentals
02/07/2013 Certified Stainless Service DHSES $137,600 Potable water transport vehicle
02/07/2013 Innotech Products DHSES $70,234 Heater meals
02/07/2013 Innotech Products DHSES $161,302 Heater meals
02/07/2013 WW Grainger DHSES $74,880 Chainsaws
02/07/2013 The Sandbagger Corp. DHSES $51,910 Motorized auger w/chutes, sandbags
02/07/2013 Jeres Hardware DHSES $283,814 Generators
02/07/2013 Jeres Hardware DHSES $132,176 Generators
02/07/2013 Airgas Carbonic DHSES $116,013 Dry ice
02/06/2013 Imperial Restrooms, Inc. DHSES $545,693 Rentals of shower trailers, water tanks & generators
02/04/2013 RRS Construction Corp. OGS $300,000 Restore sewer plant services - Jones Beach SP
02/04/2013 Square One Construction Services Inc. OGS $300,000 Repair building structures - Belmont Lake SP
02/04/2013 Square One Construction Services Inc. OGS $100,000 Repair greenhouse, replace glass - Planting Fields Arboretum
02/04/2013 N/A DMNA $572,234 Emergency payroll, 313 employees, Jan 9 - Jan 22, 2013

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Gov. Andrew Cuomo touted the contributions of New York women in the fight for equality as he opened a new exhibition in the War Room of the State Capitol. 

“New York’s women have always been trailblazers in the pursuit of equality and justice in our nation,” Cuomo said. “As the birthplace of the women’s rights movement in 1848, it is important that we continue that tradition by working toward achieving women’s equality in all areas of our society. Through organizing efforts, governmental action or shattering glass ceilings in professions historically dominated by men, the women featured in this exhibit represent the very best of our State’s tradition of national leadership in advancing equality and economic justice. I encourage all New Yorkers to visit this exhibit at the Capitol and share in the recognition of these extraordinary women.”

Cuomo is pushing a 10-point legislative agenda called the Women's Equality Act that looks to end pay discrimination, protect pregnancy leave, strengthen laws against human trafficking, enact a zero-tolerance policy against sexual harassment and — perhaps most controversially — take abortion out of the criminal code and make it part of the state's public health code. Supporters and detractors say it will take some stigma away from abortion. It is unclear how Cuomo will get the entire package through the Republican-controlled Senate but public relations will certainly be part of it. 

The exhibit in the capitol honors the following women:

· Lavinia Wright, co-leader of the first garment workers’ strike
· Louise Mitchell, co-leader of the first garment workers’ strike
· Jane Hunt, Seneca Falls Convention organizer
· Dr. Mary Edwards Walker, only woman to earn a Congressional Medal of Honor
· Belva Ann Lockwood, pioneering female attorney and political activist
· Rose Schneiderman, Triangle Shirtwaist Factory workers’ advocate
· Belle Moskowitz, social reform activist and advisor to Governor Al Smith
· Frances Perkins, first female member of the U.S. Cabinet, served as Secretary of Labor under Presidents Roosevelt and Truman
· Eleanor Roosevelt, influential First Lady and Human Rights activist
· Pauline Newman, organizer of the women’s labor movement in New York
· Kate Mullaney, founder of the Collar Laundry Union in Troy, New York
· Luisa Moreno, immigrant workers’ rights advocate
· Mary McLeod Bethune, African American community rights activist

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Gun Advocates Swarm Capitol 

The Capitol in Albany was swarmed by an estimated 5,000 gun advocates yesterday in a rally organized to protest Gov. Andrew Cuomo's New York Safe Act. The SAFE Act that expanded the definition of assault weapons, banned clips with 7 or more bullets and increased penalties for illegal gun possesion was championed by Cuomo after the shootings in Newtown, Conn.The predominantly male audience carried signs that compared Cuomo to Hitler and chanted "Cuomo's got to go." Many protesters traveled for miles from across the state. Cuomo and legislative leaders have said they do not plan any major changes to the Safe Act besides a few technical corrections. However, one Republican Senator Kathy Marchione has introduced a bill that would repeal most of the SAFE act. The repeal is unlikely to ever come to a vote as Senate Republican leadership supports the SAFE act. The New York Rifle and Pistol Association which organized the protest is working on a legal challenge to the SAFE Act that it plans to file next week.


Other Stories We're Following

Fare Hikes on MTA Commuter Rails Take Effect Today (NY 1)

New State Education Standards Could Cost City Big (NY Times)

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I applaud all those who voted in favor of the Violence Against Women Reauthorization Act today in the U.S. House of Representatives. Today’s bipartisan passage demonstrates the support for the programs and services that grant lifesaving assistance to hundreds of thousands of victims of rape and domestic violence, largely under-reported crimes. For the first time ever, this legislation will ensure that these vital domestic violence services are available to immigrant and lesbian, gay, bisexual and transgendered people.

“I would especially like to thank all of the members of the New York delegation for their continued leadership and support on this vital issue. In New York City, the funding from this Act has been used to help establish innovative Family Justice Centers, which have reduced the barriers faced by victims of domestic violence who are seeking help by providing them one location where they can meet with trained counselors and prosecutors, and apply for housing and financial assistance. By making help more available, victims in New York City have been increasingly willing to come forward and break the cycle of violence. I look forward to seeing the President sign this legislation into law.”

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The South Bronx district represented by Congressman Jose Serrano has the highest rate of hunger in the country. 

That's accoridng to the The Food Research and Action Center, which says Serrano's district has the highest rate of food instability and hunger out of any other congressional district. The rate is 36.3 percent.

One in six Americans (or 18.2 percent) report not being able to afford enough food, the FRAC study concluded. New York Sate has a rate of 18.8 percent food instability, while New York City as a whole performs better at 16.6 percent. 

Mark Dunlea of Hunger Action Network, which released a statement on the report, says the study shows that more work needs to be done nationally and on the state level to increase incomes and support programs that provide food to the needy. 

Hunger Action recently released a survey that showed a third of participants in emergency food programs have a job but make too little to provide enough food for their families. 

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Council Votes to Curb Deportations

The City Council overwhelmingly voted for two bills yesterday that will further restrict the city's cooperation with federal immigration authorities in an effort to prevent unnecessary deportations. The laws would stop the city from honoring detainment requests except for immigrants with previous felonies, who are on gang or terrorist watch lists, have outstanding criminal warrants, or have committed misdemeanors such as sexual abuse, gun possession and assault. However, the law would prevent holding immigrants charged or having been found guilty of most misdemeanors. The impact of the laws is unclear as they echo recent guidelines from the Immigrations and Customs Enforcement chair. "Current policy is eroding the trust between immigrants and local law enforcement and that frustrates the stated purpose of ‘Secure’ Communities,” said City Council Speaker Christine C. Quinn in a statement. “If immigrants believe that the police will hand them over to immigration authorities, they are less likely to report crimes, and this can only have a negative effect on public safety. We have seen too many families torn apart by current detention and deportation practices


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Bronx Defenders Offer Legal Aid (NY Times)

Critics Say City Should Pay Wrongly Convicted (NY Times)

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The New York City Parents Union is adding Mayor Michael Bloomberg's name to their lawsuit that aims to stop city schools from losing $250 million in education aid.

The group won a temporary junction to stop Gov. Andrew Cuomo from putting in place the cuts that were triggered by the failure of the Bloomberg Administration and the United Federation of Teachers to work out a deal on teacher evaluations.

In allowing the injunction, a state judge ruled last week that children should not be punished for a failure to reach a deal. 

The Parents Union says Bloomberg's attorney informed them today that the Mayor is going forward with the $250 million in cuts. So now the group has added Bloomberg, the New York City Department of Education and Chancellor Dennis Walcot to the lawsuit and asked the judge to extend the temporary injunction to them. 

"We are appalled that Mayor Bloomberg has decided to cut $250 million from New York City's public schools despite the fact that parents have obtained an injunction against Governor Cuomo and New York State Education Commissioner John B. King, Jr., stopping them from taking education funds due to the lack of agreement between New York City and the UFT on a teacher evaluation system," said NYC Parents Union President Mona C. Davids in a statement. "Is Mayor Bloomberg above the law?"

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The New York City Immigration Coalition may have its work cut out for itself this year: Its 10-point agenda is ambitious and will require action from Albany as well as cooperation from law enforcement.

The groups top policy priority is expanding access to college by passing New York State's version of the DREAM Act. The State's DREAM act which is backed by Mayor Michael Bloomberg and Council Speaker Christine Quinn would open up tuition assistance to students regardless of their immigration status.

Despite massive grassroots pressure, Gov. Andrew Cuomo did not make the DREAM legislation a part of his State of the State Speech in January. The Democratic-controlled Assembly has passed a version of the DREAM Act in the past and seems poised to do so again.

The Senate is a different story. The breakaway Independent Democratic Conference has indicated major support for the legislation but Senate Republicans have generally been opposed to the measure and have prevented floor votes. To add to the difficulty advocates face, it is unclear how many in the Democratic conference actually support the legislation.

Democratic Sen. Joe Addabbo said at a debate in October that he felt his constituents had a hard enough time finding money sending their children to college so he could not support the DREAM Act. His Republican opponent, Councilman Eric Ulrich, said at the time that he supported "some version" of the legislation.

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Mayor Michael Bloomberg wants to see the state adopt the city's ban on large sugary beverages, but that isn't Gov. Andrew Cuomo to-do list. 

During a press conference this afternoon, Cuomo bluntly responded to a quesiton about the drinks ban saying: "We're not considering it. I haven't really studied it ether." 

It seems a bit of a switch for Cuomo, who had positive things to say about the ban in June 2011. 

"Obesity is a major problem that we desperately need to address,” Cuomo said on former Gov. David Paterson's now-cancelled radio show in June 2011. “So I don’t see that this can do any harm.”

The soda industry wants to do its best to make sure the restriction on the sale of large sugary beverages does not move beyond New York City. 

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Judge Blocks Cuomo's School Aid Cut

State Supreme Court Justice Manuel Mendez temporarily blocked Gov. Andrew Cuomo's from witholding $260 million in aid to New York City schools saying that students should not be punished because the Bloomberg administration and the teachers union could not reach a deal on teacher evaluations. The judge says funds can't be witheld until the lawsuit is resolved but the Cuomo administration has said it plans to appeal. Cuomo set a January deadline for the city to come up with a teacher evaluations deadline but last-minute negotiations brokedown and both sides have been playing the blame game ever since. Cuomo has since said he will impose a teacher evaluation system on the city if negotiations aren't successful by June. The judge noted this saying, "There are alternate means of achieving [evaluation] goals while preserving federal grant funds without the long term effects of financial sanctions on the students," he wrote.




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Gov. Andrew Cuomo's office has provided this handy cheat sheet for the Gov's 30 day amendments to his budget proposal. Take a look and see if there is anything that stands out. Doesn't look like the Cuomo administration is restoring funding to the state's spinal cord injury research program I wrote about this week--not that anyone was expecting that. 

Here are the amendments: 

Implement teacher evaluation system in New York City. Under the Governor’s leadership, the state passed a comprehensive teacher evaluation system for every district across New York State. Though 99 percent of districts were able to reach an agreement on a plan with their local teacher unions, submit it to the state, and have their plan approved by the State Education Department before their January deadline, New York City failed to so. As a result, it lost $240 million in state aid and is in danger of losing additional funds if an evaluation system is not in place this year.

In the event the City and its collective bargaining units fail to reach agreement on a teacher evaluation system by the end of May, an expedited arbitration process, led by the Commissioner of Education, will occur. Following hearings and a review of evidence, the Commissioner, by June 1st, will make a final, written determination on the structure of a teacher evaluation system for New York City schools. This legislation will ensure that New York City students and educators will not see another school year go by without the timely feedback, professional development, and accountability that a robust teacher evaluation plan will provide.

Simplify, Streamline and Reduce Costs of hunting, fishing licenses. New York is Open for Fishing and Hunting is a plan to streamline hunting and fishing licenses and reduce fees to support tourism opportunities and benefit sportsmen and sportswomen throughout the State. The proposal would reduce fees paid by hundreds of thousands of hunters, anglers and trappers while maintaining support for the State’s fish and wildlife programs.

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Supreme Court Justice Manuel J. Mendez has awarded the New Yok City Teacher's union an injunction temporarily stopping Gov. Andrew Cuomo from taking $250 million in education funding from New York City schools. The Cuomo administration plans to appeal. 

Cuomo warned the Bloomberg administration and the city teacher's union that they would lose millions in funding if they did not agree on a teacher evaluation structure by last month. Negotiations collapsed at the last minute and both sides have been playing the blame game ever since. Cuomo has refused to restore funding despite please of state legislators. He did however announce that the state will impose a evaluation system on the city by June 1st if a deal can't be reached in order to prevent the city from losing out on more school aid. 

Cuomo was facing considerable pressure from city legislators to stop Cuomo from using education aid to force an evaluation deal. The Assembly which has a considerable number of Democrats from New York City including Assembly Speaker Sheldon Silver from Manhattan saw this as a sticking point in budget negotiations. 

Budget negotiations continue at the state capital. Lawmakers have predicted an early budget agreement this year. 

With Mendez's injunction the parents union hopes it may be able to stop city schools from losing any funding at all. 

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