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Claiming Attempt to Silence Them, Advocacy Groups Oppose Cuomo Lobbying Proposal


Cuomo press conference

Gov. Cuomo (photo: Mike Groll/Governor's Office)


Governor Andrew Cuomo’s 2019 agenda includes a host of voting, campaign finance, and ethics reforms. Of three provisions related to government lobbying, one is spurring backlash from nonprofits, smaller advocacy organizations, and grassroots activists who feel threatened. Cuomo would like to require any individual or organization spending over $500 in a year on lobbying to be required to register as a lobbyist, lowering the threshold from $5,000.

The proposal is sparking outcry from nonprofit leaders and members, among others, who view the legislation as exclusionary of smaller organizations and unincorporated activist groups that do little formal lobbying and cannot afford the labor or time to navigate the state’s complex lobbying regulations. A letter from 15 New York nonprofits outlines vehement opposition to the new legislation. “Perversely, while this might increase the number of filings, it will effectively silence small groups while increasing the influence of big money in government,” the letter reads.

Signees include The Council of Family and Child Caring Agencies, the Hispanic Federation, Homeless Services United, the Jewish Community Relations Council, the Lawyer’s Alliance, the NYC Environmental Justice Alliance, and the NYC Immigration Coalition, among others.

In addition to lowering the registration threshold, Cuomo’s two other lobbying reforms include redefining “reportable business relationships,” i.e. compensation paid to individuals connected with lobbying, to those involving $500 or more, instead of the current $1,000.

The third provision would mandate a semi-annual report for lobbying expenditures exceeding $500, lowering the threshold from the current $5,000. Cuomo has included the three lobbying reforms in his policy book and Executive Budget, setting the stage for negotiations with the Legislature before a budget deal is due April 1 for the new fiscal year.

According to the governor’s office, his larger bill is a multipronged reform package. “It’s not just lobbying reform. It’s lobbying reform, and campaign finance reform, and independent expenditure reform, and voting reform, and procurement reform. It’s all related and we have an unprecedented opportunity to increase transparency and disclosure and improve our democracy for the better. The fact that some self-described reform groups are against reform speaks to the problem in better ways than I can,” said Rich Azzopardi, a senior advisor to Cuomo.

Co-signers of the letter believe the bill would limit their ability to participate in New York democracy, and some observers of state politics believe it is purposefully aimed at quieting Cuomo critics.

Jim Purcell, chief executive officer of the Council of Family and Child Caring Agencies, made the decision to add his organization to the letter. “It’s not a fundamental disagreement about accountability, but this is taken in a direction that’s unnecessary and burdensome,” he said.

Purcell gave an example of how quickly an individual can hit $500 in lobbying expenditure. “The train back and forth to Albany is $100. A cab is $20. An organization that spends one day a year lobbying or organizing a letter to support foster care for kids, it ends up feeling like you don’t want to hear from us.”

From a bigger picture perspective, $287 million was spent in 2017 on lobbying state government by 3,415 filers, per the latest available data from the Joint Commission on Public Ethics (JCOPE). Laura Abel, senior counsel for the Lawyer’s Alliance, an organization that co-signed the letter, said the top 100 filers spent 22 percent of the total amount, which translates to $63 million. By contrast, 390 filers spent less than $10,000.

“It’s a lot like election spending, where you’ve got a handful of really wealthy people and companies putting in most of the money. And then you’ve got a lot of small, really small spenders.” said Abel.

Reinvent Albany, a nonprofit watchdog that advocates for transparency and accountability at the state and city levels, also opposes the governor’s proposed lobbying reform. Its analysis, released last month, cites New York State’s 92 pages of lobbying regulations as “some of the most comprehensive in the country,” consisting of “carefully tracking and reporting compensation, expenses, hours spent lobbying, persons lobbied, and bills, executive orders, and procurement lobbied on in addition to potentially having to disclose reportable business relationships.”

Alex Camarda, a senior policy advisor for the organization, said “We think the benefits of the additional transparency are exceeded by the cost of burdens on smaller organizations.”

The burden of the legislation, if enacted, also goes in another direction. JCOPE commissioners during a January 29 meeting to discuss the governor’s proposed budget recognized what would be added responsibility for regulators. After the proposed legislation was read aloud, commissioner James E. Dering said, “Requiring lobbyists to spend $500 or more would precipitously increase the resources needed. One would hope if this is enacted there will be resources provided certainly at that time, but we may need resources in advance to gear up for that. It would be quite an increase.”

While many typically think of lobbying as done by high-powered for-hire firms, it takes many forms. As Purcell said, “I can hear someone saying ‘Lobbying is a dirty business, and I don’t want to do that,’ but if you want to have your voice heard, you have to visit your local official or go to Albany.”

Note - This article has been updated.

De Blasio Testifies in Albany; State Sexual Harassment Hearing & More: The Week Ahead in New York Politics, Feb. 11


New York City Hall

New York City Hall


What to watch for this week in New York politics:

This week looks like it will be dominated by several storylines:

-Controversy over comments made by City Council Member Reverend Ruben Diaz, Sr. that the City Council is "controlled by the homosexual community," as reported by NY1's Juan Manual Benitez. Diaz Sr.'s comments, the latest in a long line of controversial and bigoted statements, have been met with condemnation by many, and calls to resign from some, including many of his Council colleagues. City Council Speaker Corey Johnson -- who sought Diaz Sr.'s support for his speakership bid and rewarded him with the creation of a new committee for him to chair -- said Sunday that the Council is looking into its options for consequences for Diaz Sr., who said he has no plans to resign and refused to apologize for his comments.

-Monday will see Mayor Bill de Blasio and other local officials testify at a legislative budget hearing in Albany. It is de Blasio's yearly trip to the capital to discuss the governor's executive budget plan, the city's top state government priorities and funding needs, and to take questions from legislators.

-Wednesday will see a joint legislative hearing on sexual harassment in New York, both the public and private sectors. The hearing will also include discussion of how to improve upon the anti-sexual harassment laws passed last year without public hearings. Victims and alleged victims of harassment are expected to testify, including about how sexual misconduct has been part of a culture in state government in Albany and the systemic failures to address it that persisted for a long time, and may still have remnants even as awareness has been heightened and new laws have been passed.

-Tuesday will mark just two weeks until the February 26 special election for Public Advocate. Candidates are raising money, getting their messages out, working to secure endorsements, and trying to make sure they qualify for the second televised debate, which will be on NY1 on February 20.

It will also be a very busy week of hearings at the City Council, including a Stated Meeting of the full Council, at which new bills are introduced and those that have passed committee are voted on by the full body. That's not it, though. As always, there are a variety of events to be aware of - see our day-by-day rundown below.

***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
e-mail Gotham Gazette editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.***

The run of the week in detail:

Monday
The New York State Legislature will be in session on Monday.

At 10:30 a.m. Monday, State Senator James Sanders will hold a press at the State Capitol to discuss new legislation for a “Green New Deal for New York.” [Read about Sanders’ proposal here: State Senate Bill Would Advance Framework for More Aggressive Green New Deal in New York]

Also at 10:30 a.m. Monday in Albany, “dozens of Mayors and village officials from across New York State” will hold a press conference “to call on Governor Andrew Cuomo to restore over $60 million in funding to municipal governments across the State,” according to a press release from Village of Freeport Mayor Robert T. Kennedy.

At 11 a.m. Monday, the State Legislature will hold a joint budget hearing on “local government officials/general government.” Mayor Bill de Blasio will be the first to testify at the hearing. After the mayor, Comptroller Scott Stringer and City Council Speaker Corey Johnson will each testify, as will leaders from other cities around the state.

The New York State Board of Regents will meet on Monday and Tuesday in Albany.

At the City Council on Monday:
--The Committee on Justice System will meet at 10 a.m. for an oversight hearing regarding Multi-Agency Response to Community Hotspots (MARCH), as well as to discuss a proposed law requiring the Mayor’s Office of Criminal Justice to issue quarterly reports on MARCH.
--The Committee on Housing and Buildings will meet at 10 a.m. to discuss proposed laws requiring landlords to take steps to eradicate “indoor asthma allergen hazards” and to establish a “demonstration program” for legal basement apartments in East New York.
--The Committee on Environmental Protection will meet at 10 a.m. for an oversight hearing regarding “the Astoria transformer explosion and the transition to a green grid,” as well as to discuss a proposed law requiring the Mayor’s Office of Sustainability to study and issue a report on the feasibility of replacing gas power plants with renewables.
--The Committee on Civil Service and Labor will meet at noon to discuss the DCAS provisional employee reduction plan.
--The Committee on Immigration will meet at 1 p.m. for an oversight hearing regarding IDNYC.
--The Subcommittee on Planning, Dispositions, and Concessions will meet at 1 p.m.

At 1:15 p.m. Monday, Assemblymember Harvey Epstein, CUNY Interim Vice Chancellor Christopher Rosa, other elected officials, and student leaders will rally at the State Capitol to demand greater funding for students with disabilities in New York colleges.

At 5 p.m. Monday, there will be a meeting of the Queens Borough Board, chaired by Borough President Melinda Katz.

Tuesday
The New York State Legislature will be in session on Tuesday.

At 1 p.m. Tuesday, the Senate Standing Committee on Environmental Conservation will meet in Albany for a public hearing to discuss the Climate and Community Protection Act.

On Tuesday, the State Legislature will hold joint budget hearings on:
--Economic development at 9:30 a.m.
--Taxes at 1 p.m.

At the City Council on Tuesday:
--The Committee on Finance and Subcommittee on the Capital Budget will meet jointly at 10 a.m. to discuss proposed laws requiring city agencies to electronically notify elected officials and community board members of delays in capital projects and requiring the city to create a publicly searchable database on all pending capital projects.
--The Committees on Juvenile Justice and Youth Services will meet jointly at 1 p.m. for an oversight hearing regarding “runaway and homeless youth (RHY) and the juvenile justice system.”
--The Committee on Technology will meet at 1:30 p.m. for an oversight hearing regarding the “Commission on Public Information and Communication’s collaboration in developing city information policies and promoting governmental transparency.”

At 9 a.m. Tuesday, the New York City Board of Correction will hold a public meeting at 125 Worth Street.

At noon Tuesday, Council Member Brad Lander, Families for Safe Streets, TransAlt, and the Red Hook Community Justice Center will rally at the City Hall steps to demand passage of the Reckless Driver Accountability Act.

Starting at 2 p.m. Tuesday, faculty unions and student activists from SUNY and CUNY will hold a lobbying day in Albany to press lawmakers for full funding of public higher education.

Wednesday
The City Council will hold a stated meeting at 1:30 p.m. Wednesday. It will be prefaced by City Council Speaker Corey Johnson’s pre-stated press conference.

Also at the City Council on Wednesday: the Committee on Immigration will meet at 10 a.m. to discuss a resolution calling on the State Legislature to pass a law allowing undocumented immigrants to obtain driver’s licenses.

At 10 a.m. Wednesday, the Senate Standing Committees on Investigations, Ethics, and Women’s Issues, the Assembly Standing Committees on Governmental Operations and Labor, and the Task Force on Women’s Issues will hold a public hearing in Albany to discuss sexual harassment in the workplace.

At 10 a.m. Wednesday, the City Planning Commission will hold a public meeting at 120 Broadway.

At 4 p.m. Wednesday, the Civilian Complaint Review Board will hold a board meeting.

Thursday
At the City Council on Thursday:
--The Subcommittee on Zoning and Franchises will meet at 9:30 a.m.
--The Committees on General Welfare and Higher Education will meet jointly at 10 a.m. for an oversight hearing regarding “food insecurity in New York City.”
--The Committee on Consumer Affairs will meet at 1 p.m. to discuss proposed laws prohibiting and establishing penalties for cashless businesses, and requiring cash-only businesses to post signage indicating that they only accept cash.

At 10 a.m. Thursday, the New York City Campaign Finance Board will hold a board meeting at 100 Church Street.

At 10:30 a.m. Thursday, the Senate Standing Committee on Environmental Conservation will meet at 250 Broadway in Manhattan for a public hearing to discuss the Climate and Community Protection Act.

At 6 p.m. Thursday, Mayor de Blasio will join CNN commentator Symone Sanders for a discussion at Harvard’s Institute of Politics.

Friday and the weekend
At 10 a.m. Friday, the Senate Standing Committee on Environmental Conservation will meet at the Nassau County Legislature in Mineola for a public hearing to discuss the Climate and Community Protection Act.

Mayor de Blasio may make his weekly appearance on WNYC’s The Brian Lehrer Show at 10 a.m. Friday.

At 1 p.m. Saturday, U.S. Rep Alexandria Ocasio-Cortez will deliver her inaugural address at Herbert H. Lehman High School in the Bronx.

***
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: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).

***
by Ben Brachfeld and Ben Max
@GothamGazette

State Senate Bill Would Advance Framework for More Aggressive Green New Deal in New York


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A New York Renews rally at the state Capitol (photo: @NYRenews)


As Congressional Democrats pursue efforts to pass a Green New Deal at the federal level and Governor Andrew Cuomo has outlined his own version for New York, Queens State Senator James Sanders has proposed a pathway to implementing a more ambitious climate and green jobs agenda.

Proponents of the Green New Deal aim to eliminate the country’s reliance on fossil fuels and transition to 100 percent clean energy, creating thousands of infrastructure and renewable energy jobs in the process and in a way that prioritizes fairness for those communities most adversely impacted by harmful environmental policies. It’s been championed in the past by members of the Green Party, and recently by U.S. Rep. Alexandria Ocasio-Cortez, the rising Democratic star who represents Queens and the Bronx and is gearing up with Massachusetts Senator Ed Markey to introduce a non-binding resolution on the Green New Deal this week, details of which have begun to emerge.

Just as newly re-empowered House Democrats created a “Select Committee on the Climate Crisis” -- though without a mandate to look at the Green New Deal -- the New York State Senate could soon follow suit. State Senator Sanders’ bill would mandate the creation of a Green New Deal task force charged with crafting a “detailed statewide, industrial, economic mobilization plan” for New York to take the state to zero carbon emissions by 2030, a goal more ambitious than those recently proposed by Cuomo and by advocates and legislators backing a separate bill, the Climate and Community Protection Act (CCPA), which has languished in the state Legislature for years despite repeated passage by the state Assembly. The CCPA is part of Sanders’ vision for a New York Green New Deal. The 18-member task force his bill would empanel would have until the end of the year to send its report and draft legislation to the state Legislature and governor.

Cuomo, who has used executive action to mandate carbon emission reductions by 2050,  recently announced support for a Green New Deal as well but his “Climate Leadership Act” proposal stops short of others. In his executive budget proposal, presented at his State of the State address in January, he advanced legislation that would make the state’s electricity sector carbon-free by 2040. He also proposed a Climate Action Council to look at measures to reduce the state’s carbon footprint overall.

The CCPA, on the other hand, would aim to make the entire state economy carbon-free by 2050, not just the electricity sector. It also establishes a Climate Action Council, similar to Cuomo’s proposal but with a different, more democratic structure. The bill is sponsored by State Senator Todd Kaminsky and Assemblymember Steve Englebright, both Democrats. It was passed by the Assembly’s Environmental Conservation Committee, chaired by Englebright, on Tuesday and Kaminsky is holding a series of hearings on it next week. It also has the backing of New York Renews, a coalition of more than 160 organizations across the state that have been advocating for it for the last three years.

There are also two other legislative proposals with similar goals as the CCPA -- the Climate and Community Investment Act, which would enact a carbon tax to fund the transition towards renewable energy, and the Off Fossil Fuels Act, which would establish a 100 percent clean energy system by 2030, among other measures, on a faster timeline than the CCPA.  

An official in Sanders’ office said that his task force proposal was modelled on Ocasio-Cortez’s effort to push for a House select committee, in an attempt to advance the conversation on the Green New Deal. Sanders has also co-sponsored the CCPA in the past and intends to support it this year as well. His new proposal, the official noted, mandates the shortest timeline and is the most progressive of the proposals.

Its supporters include the New York State Council of Churches, 350 NYC, Bronx Climate Justice North, The Climate Mobilization, North Bronx Racial Justice, Food and Water Watch, and prominent environmental scientists such as Stanford University Professor Mark Jacobson, Paul Hawken and Peter Kalmus, among others, the official said. The senator plans to rally for the proposal in the capital on Monday.

Mark Dunlea, co-founder of the Green Party in New York, said Sanders’ proposal would “go much further” than the CCPA with its longer timeline and would be much stronger than any proposal put forth by the governor. “I think [Governor Cuomo’s] concept of the Green New Deal is a branded slogan,” he said. “He can latch on to the Green New Deal as an economic stimulus program, which is good, but Sanders is going further than that, which is even better.”

But other environmental advocates want to see action immediately, rather than wait for a year from now after the task force would report. “The CCPA is still the most ambitious climate legislation out there...I don’t think that there needs to be any other interim step, this bill is the first step,” said Annel Hernandez, associate director at the New York City Environmental Justice Alliance, which is a part of New York Renews.

Hernandez pointed out that the CCPA also includes a guarantee that 40 percent of funds raised from new energy and climate regulations are directed to disadvantaged communities dealing with the effects of climate change. “[A]nything that is proposed by New York State has to be abiding by the principles of a just transition,” she said. “It means that those who are on the front lines of the climate crisis, of dealing with environmental burdens in their communities, have to be a part and leading the solution to the renewable, regenerative economy.”

A spokesperson for the governor did not have comment on Sanders’ proposal (Cuomo’s office rarely provides comment on pending bills) but did note the overlap between the Climate Leadership Act and the CCPA, which are bound to be issues negotiated with the Legislature as the legislative session proceeds, up to and after a budget deal is reached by April 1. The spokesperson speculated that the CCPA will likely not be approved in its current form, and may go through amendments following the Kaminsky-led hearings, after which a version of the bill acceptable to both lawmakers and the governor could come to pass.

***
by Samar Khurshid, senior reporter, Gotham Gazette
     

Read more by this writer.

Note - This article has been updated to clarify the provisions of the Off Fossil Fuels Act. 



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