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Blair Horner's Capitol Perspective

New Yorkers Need a Utility Advocate in Their Corner

Posted by NYPIRG on August 25, 2025 at 9:01 am

It’s summertime and New Yorkers are paying more attention to swimming, barbeques, and picnics than they are to New York State policies. Many will soon have a rude awakening. Starting next month, upstate electricity rates will take a big jump. After approval by the state’s utility regulator, the Public Service Commission (PSC), National Grid consumers will see electricity rates go up by 11%, with additional hikes in the following years.

National Grid was not alone, the PSC approved other utility increases for Central Hudson and other utilities have big rate hikes currently under consideration. Con Ed wants a 11% hike, New York State Electric and Gas Company (NYSEG) and Rochester Gas and Electric are seeking increases of at least 20%.

Not only are those increases hurting people’s wallets, for some consumers, rising utility rates is devastating. According to the PSC, as of June of this year over 1.2 million households in New York are 60 days behind on their utility bills, owing close to $2 billion. And over 1,400 households had their service terminated that month. No electricity during the hottest months of the year can be deadly.

Not surprisingly, public officials are criticizing those decisions. Even Governor Hochul – who appoints the members of the PSC – has complained.

Allies of the fossil fuel lobby have been quick to argue that it’s the state’s Climate Law that is a key driver in these hikes.

While a nice talking point, complaining about the state’s Climate Law simply doesn’t hold up.

It is true, however, that New York’s residential electricity rates are high relative to the nation’s. But that has been true for years. For example in 2018 – the year before the state Climate Law was signed – New York’s residential electricity rates were ranked the seventh-highest in the nation. In 2025, New York was ranked seventh highest. Still high to be sure, but the impact of the Climate Law’s passage didn’t make a meaningful difference.

There are reasons why utilities’ costs are going up – and thus the rates we all pay.

A few key reasons: Across the country, utility companies are overhauling the electric grid – often to prepare for the expected increases in demand. In many cases, these projects replace decades-old equipment and fortify infrastructure against extreme weather, which is becoming more frequent and severe.

So, what can be done about New York’s high utility bills?

As mentioned, the problem with high electric bills goes back a long way; the problem is structural. The central player in the rate-setting process is the PSC. When it comes to ratemaking and other utility matters, the PSC is charged with a dual mission: to both ensure the financial stability of utilities as well as set rates for the public that are “just and reasonable.”

As a result of the inherent tension created by the PSC having to both protect ratepayers and keep utilities profitable, consumers don’t have a full-time, well-resourced advocate for their interests at the crucial decision points that affect utility reliability and affordability.  This conflicted process means that utility regulators typically only get to hear fully developed arguments from industry sources.  The average residential consumer voice can get lost in the cacophony of industry lobbyists, engineers, and economists.  

It wasn’t always that way. From 1970 to 2011, New York had a Consumer Protection Board (CPB), a state agency that fielded customer complaints about everything from gas bills to faulty fridges. It had more than 40 staff in the early 1990s and played a role in rate cases like the ratepayer advocacy offices that still exist in more than 40 other states. At its peak in the 1980s and early ‘90s, New York’s CPB estimated that it had saved customers $1 billion.

However, starting during the years of the Pataki Administration, the CPB had its funding slashed until Governor Andrew Cuomo finished it off and moved its responsibilities to a unit with the Department of State (the Utility Intervenor Unit). That office now has fewer than a dozen employees.

What New York has in place to defend the interests of ratepayers is far from the national norm.

Forty-five states are part of the National Association of State Utility Consumer Advocates, with offices that were set up by their respective jurisdictions to “represent the interests of utility consumers before state and federal regulators and in the courts.” According to reports, the New Jersey intervenor unit, the Division of Rate Counsel, is an independent agency with a staff of 26, half of whom are attorneys. California’s unit — the Public Advocates Office — has a staff of 179.

Yet in New York, there is nothing of the sort. That could change. The New York Legislature approved a bill to establish the “State Office of the Utility Consumer Advocate” to solely represent the interests of the state’s residential utility customers in energy ratemaking proceedings. This legislation would ensure that consumers have an advocate at the table with only their interests in mind when their interests are at stake.

That Office has long been needed in New York. In order to do something meaningful to protect consumers, Governor Hochul should sign that legislation.

New York’s Finances Get Bleaker

Posted by NYPIRG on August 18, 2025 at 7:07 am

Last week, state Comptroller DiNapoli released his office’s analysis of New York’s finances. His observations were sobering: State government faces a three-year aggregate budget deficit of $34.3 billion. The Comptroller specifically pointed to Washington’s federal budget cuts and a weakening economic outlook as the bases for his assessment.

His findings tracked those issued late last month by the Hochul Administration, which also predicted growing state budget deficits over the next few years.

According to both, the federal cuts that impact the current year’s state finances are manageable, no more than $1 billion out of an overall budget of nearly $255 billion. The current state fiscal year runs through the end of next March, seven months away.

The Comptroller’s report also predicted that the state’s financial picture will get more “problematic” as the phase in of the federal cuts hit, as well as expected future actions that could further deepen those cuts.

One program that was targeted is the Supplemental Nutrition Assistance Program (SNAP), which used to be called food stamps, which is the federal program that helps low-income families with their grocery bills. The federal changes to that program will hurt right away. The federal government has always funded 100 percent of SNAP benefits. Yet the federal actions will shift some of those costs to the state, resulting in as much as $1.9 billion annually in additional costs for the state and local governments.

The impacts to New York don’t stop there. According to estimates, as many as 1.5 million New Yorkers will lose their health coverage. In particular, the cuts to Medicaid and other health insurance programs are deep and there is every reason to believe that state lawmakers will attempt to minimize the number of New Yorkers who lose their government coverage. But in order to do so, they may have to reduce spending on other areas.

This robbing “Peter to pay Paul” approach could impact programs in areas that were untouched by the federal cuts.

One option would be for the state to raise taxes on wealthy New Yorkers to help cover at least some of the upcoming shortfalls. After all, the federal budget plan advanced by President Trump and approved by the Congress enacts massive tax cuts with the benefits flowing overwhelmingly to the wealthiest Americans—thereby increasing the tax burden for the poorest while enhancing the incomes of the richest.

The thinking goes “why not claw back some of those benefits to offset the impact of the cuts to services?”

Governor Hochul has thrown cold water on that idea.

Whether the Legislature ultimately agrees with her, or she changes her mind, only time will tell. There are other options that the state should consider as lawmakers grapple with reducing expenses and generating revenue.

One area to examine is the state’s economic subsidies. A recent report found that New York spends billions of dollars on tax incentives and gets too little in return. In some cases, the subsidies run counter to the state’s established public priorities. For example, through tax expenditures and other economic benefits, the state provides annual subsidies to the climate crisis contributors—the fossil fuel industry. Should the state be providing tax benefits to the enormously profitable oil and gas industry? And aren’t benefits to the industry that causes the world’s climate catastrophe at odds with New York’s Climate Law, which promises to end reliance on that power source?

The clear answer is a resounding “yes.”

Governor Hochul is beginning to develop her plans for next year’s budget. As her plans come together, one important measure should be whether she has thoroughly vetted the state subsidies to the oil and gas industry, as well as the billions more spent on controversial tax and economic development benefits.

Thanks to the President and his Congressional allies, millions of New Yorkers—and tens of millions of Americans—will be poorer, unhealthier, and more at risk.

New York should take steps to do all it can to reduce that unnecessary suffering and to do so by eliminating questionable—or ineffective—tax programs, as well as steps to offset some of the federal benefits going to the well to do in order to reduce some New Yorkers’ misery.

It’s Baaaaack!  Redistricting Returns

Posted by NYPIRG on August 11, 2025 at 7:48 am

One of the big political news stories last week was the effort by President Trump and his allies to steam roll through changes to Congressional lines in “red” states in order to boost the likelihood that Republicans will continue to control the House of Representatives after the 2026 elections.

Republicans do have a lot to worry about in 2026.  Historically, the party that controls the White House takes an electoral pasting in the mid-terms.  Given the current razor-thin majority that allows the Republicans to control the House, big changes in 2026 could flip it back to Democratic control.

A House controlled by Democrats would be a big headache for the President on multiple fronts.

Given the President’s weak polling numbers, rigging elections in red states seemed like a good way to hedge the Republican’s bets.  And yes, they are rigging those elections.  The President who consistently complains about “rigged” elections and lied about the outcome of the 2020 Presidential election is, in fact, engaging in the type of political tampering he decries.  He is not hiding it, either, bluntly saying that re-writing the Congressional lines in red states, is a way to keep the Republican majority.  The Republicans, the President said, are “entitled to five more seats” in Texas.

Re-writing those lines means changing the existing political boundaries in a way that will hurt Democrats and help Republicans, regardless of what it does to the Congressional representation by the people that actually live there.

Periodically redrawing political boundaries is as old as the nation itself.  Since 1790, the nation has had a census to establish where people lived and then every ten years to readjust political boundaries (redistricting) and to sort Congressional seats among the states (reapportionment) after the census in order to ensure that the nation’s representative democracy reflects shifts in the population.

Efforts to redraw political boundaries to help political parties is, of course, old news.  The political parties have been engaging in “gerrymandering” since Elbridge Gerry did so in Massachusetts two centuries ago.

What is different is that the President is throwing his political weight behind efforts to readjust House lines in the middle of a ten-year period and to do so with the explicitly stated goal of rigging the elections to help build a Republican majority.

In the hyper-partisan and toxic political environment that we unfortunately find ourselves in, Democratic governors feel compelled to follow suit and to try to rig elections in their states to benefit Democratic candidates for the House.  A move that would most certainly further undermine public confidence in democracy and put partisan interests ahead of the public’s.

As has been noted, the problem with the old adage is that an eye for an eye leaves the whole world blind.

Governor Hochul is not immune.  She has said that the actions of the President are a declaration of political “war” and that she will do what she can to help Democrats take more seats in New York.

In New York, that will not be so easy.

While the U.S. Constitution sets the broad rules for the census, reapportionment, and redistricting, it is up to the states to establish the specific steps.  In New York, how redistricting is conducted is enshrined in the state’s Constitution.  In order for the governor and state Democrats to try to rig elections here, the Constitution would have to be changed.

The process of changing the Constitution takes time.  Two successive legislatures would have to approve the proposed amendment and then it would have to go before voters for final approval.  If New York embarked on Constitutional changes, the fastest those changes could be put in place is January 1, 2028, well after the 2026 elections.

There is a case to be made to change New York’s redistricting process.  The current system is a mess and some reformers opposed the creation of the current system when then-Governor Cuomo advocated for it in 2014.  The key problem is that the current system relies on the two major political parties to agree on the new boundaries, which is – and has been – a recipe for gridlock.  

Among other changes, setting up a redistricting process that relies on an independent, non-partisan, commission would be far better.  Just changing New York’s system, however, doesn’t deal with the national problem.

So, what can be done about the political map drawing frenzy?  

Here in New York, the Legislature should advance changes that fix redistricting in this state, measures that remove the political parties and that set boundaries that focus on the best interests of the public, not partisan schemes.

New York’s Republican members of the House should immediately demand that the President tell red states to back off.  If he fails to do so, they should pledge to block his Congressional initiatives until he puts a stop to what he set in motion.  Next month the House will take up extending the nation’s budget, which gives New York’s delegation leverage.  While holding up the budget is risky, rigging elections is far worse.

The Congress should immediately take up legislation to stop gerrymandering.  Let’s have elections in districts that are about communities and who they want to represent them, not rigged elections in which the dominant political party picks the winner.

This latest disgraceful spectacle demands political courage and action, not just speechifying and finger-pointing.  New Yorkers will soon know how their representatives measure up.

Oil Lobby’s Propaganda Machine Cranks It up in New York

Posted by NYPIRG on August 4, 2025 at 8:56 am

The deep pocketed propaganda machine bankrolled by the fossil fuel industry and its allies has been running non-stop through the summer.  Their latest effort attempts to exploit New Yorkers’ legitimate concerns over energy prices to advance their plan to undermine the state’s climate law.

First some background:  The Climate Leadership and Community Protection Act (“Climate Law”) was approved six years ago and sets the state on a path toward “net zero” greenhouse gas emissions by the middle of this Century.  The “net zero” goal is consistent with the standard set by the world’s climate scientists – who have warned that in order to avoid the worst consequences of global heating, all nations need to adhere to the net zero goal. 

New York’s Climate Law set interim goals designed to guide policymakers as benchmark steps to meet the targets advised by the world’s climate experts.  Those interim goals commit the state to generate 70 percent of its electricity from renewable power sources and achieve a 40 percent reduction in greenhouse gas emissions by 2030 – just five years from now.

After the Climate Law was passed the state convened a panel of “stakeholders” to develop a detailed blueprint to meet the law’s milestone goals.  That blueprint was released at the end of 2022.  Among its findings was that unless measures were taken, New Yorkers faced a considerable financial risk from climate-change impacts.  The blueprint estimated “the cost of inaction in New York State exceeding the cost of action by more than $115 billion.”

As we have experienced in recent weeks, New Yorkers are already paying dearly for climate damages.  This summer, Canadian wildfires have polluted the air leading to seemingly non-stop air quality warnings.  And it’s not just our health:  The state is already spending billions to cover the costs of damages caused by a worsening planet and to protect from storms to come.

Big-ticket spending to address climate problems is expected to be the norm over the coming decades.  Here are some examples: Recent estimates put the price tags at $52 billion to protect NYC Harbor, $100 billion to upgrade NYC’s sewers to handle more intense storms, $75-$100 billion to protect Long Island, and $55 billion for climate costs outside of New York City.  The state Comptroller has predicted that more than half of local governments’ costs will be attributable to the climate crisis.  

Preparing for and dealing with those climate disasters has been a cornerstone for energy policy in New York.  Actions by the state will not only protect New Yorkers but can also benefit the world.  While New York’s contribution to greenhouse gas emissions is small relative to the global total, New York is one of the world’s leading economies.  As a result, having aggressive science-based energy policies here can have impacts at the state, national, and international levels.

Despite the mounting evidence and the need for global – including New York – action, a well-funded backlash has been organized to erode public support for New York’s science-based climate goals.  Opponents have been rallying around the call for a more “affordable” energy policy, one that – not surprisingly – calls for a weakening of the Climate Law.  

Opponents are arguing that it is the Climate Law that is making New York’s electricity rates too high, all in an effort to block – or at least slow down – action in New York.  This campaign is just the latest in the decades-long efforts to block climate protection policies.  

Some opponents have argued that New York’s science-based goals are simply too ambitious.  If so, then other states would be in the same situation.  But that is not the case.  For example, New York ranks 16th in the nation in its reliance on renewable energy.  Obviously, there is room to improve.

New York’s residential electricity rates are high, however, relative to the nation’s.  But that has been true for years.  For example in 2018 – the year before the state climate law was signed – New York’s residential electricity rates were ranked the seventh-highest in the nation.  In 2025, New York was ranked eighth highest.  Still high to be sure, but the impact of the Climate Law’s passage didn’t make a meaningful difference.

Moreover, the amount of energy generated by wind and solar is a very small percentage of the electricity generated in the state (under 10%).  How could such a small percentage substantially power increases in electricity costs?  It can’t.

New York does have a problem of high utility rates, one shared by its neighbors in the northeast.  That problem, however, is a long-standing one and one that requires a structural change to better protect consumers, not one that undermines its Climate Law.

Here is one thing that Governor Hochul can do right away to help.  

The New York Legislature approved a bill to establish the “State Office of the Utility Consumer Advocate” to represent the interests of the state’s residential utility customers in energy ratemaking proceedings.  Currently consumers don’t have a full-time, well-resourced advocate for their interests at the crucial decision points that affect utility reliability and affordability.  As a result, utility regulators typically only get to hear fully developed arguments from industry sources.  The average residential consumer voice can get lost in the cacophony of industry lobbyists, engineers, and economists.  This legislation would ensure that consumers have an advocate at the table with only their interests in mind when their interests are at stake.

That Office has long been needed in New York.  In order to do something meaningful to protect consumers – and not get bamboozled by the propaganda – Governor Hochul should sign that legislation.

The Ongoing Threat of Algal Blooms

Posted by NYPIRG on July 28, 2025 at 8:22 am

As New Yorkers choked through another day of poor air qualitydriven by ongoing Canadian wildfires – another environmental threat looms, this one found in the state’s surface waters. The threat of “harmful algal blooms,” which can jeopardize drinking water supplies and the public’s health, is spreading across the state.

The blooms are a blue-green slimy substance that floats in water.  Harmful algal blooms aren’t the typical green surface ooze seen on the top of lake waters.  While ugly to look at when at the surface, a bloom can also be extremely dangerous, so much so that the state has a policy that warns people to stay out of the water should there be evidence of one.

The heating planet drives the production of algal blooms.  Warmer temperatures prevent water from mixing, allowing algae to grow thicker and faster.  Algal blooms absorb sunlight, making water even warmer and promoting more blooms. 

While not every algal bloom is toxic – some algal species can produce both toxic and nontoxic blooms – toxic blooms can cause problems for swimmers and other recreational users in the form of rashes or allergic reactions.  People who swim in a bloom may experience health effects, including nausea, vomiting, headaches, respiratory problems, skin rash and other reactions.  There have also been reports nationwide of dogs and livestock dying shortly after swimming or wading in a bloom.

Heat alone doesn’t stimulate algal blooms.  As we know, climate changes have also caused stronger, more powerful storms, storms that release much more rainwater than in storms of the past.  Those incredible downpours swiftly flush whatever is sitting on the land directly into lakes, so instead of letting a natural filtration process take place, nutrients that would benefit the soil are washed into surface waters and wreak havoc in the water in the form of algal blooms.

Algal blooms are an increasing menace. New York State has experienced a tenfold increase in the number of waterbodies experiencing a bloom over the past 10 years and $6 billion in mitigation expenses and lost economic value.

Obviously, algal blooms pose a threat to recreational water bodies. But they pose a greater danger to drinking water supplies. Once these blooms are found in drinking water supplies, they are hard to treat. The toxins released from algal blooms make it difficult for treatment facilities to remove them safely and efficiently.

Usually, algal blooms crop up in late summer and early fall. This year, in the Spring they began showing up in lakes across New York. There have been over 450 algal blooms reported by the DEC as of last week.

According to the Department of Conservation, in Albany, for example, Lawson Lake has had confirmed algaL blooms.  In Saratoga, Saratoga Lake has had a confirmed algal bloom. Areas in which the New York City reservoir system is located (most notably in Putnam and Westchester counties) have had reports of algae blooms. 

Unfortunately, the only way to confirm whether an algal bloom is toxic is through laboratory testing. As a result, experts advise that when in doubt, stay out. If you want to check out the lakes in which algae blooms are a concern, you can go to the DEC website, which has a harmful algal bloom notifications webpage that it updates weekly. 

When it comes to minimizing the threat of algal blooms, New York policymakers can take action. And, in fact, there is no shortage of such plans already developed.

But when it comes to protecting surface waters and drinking water supplies, the state has to do a lot more to reduce the runoff from agriculture, landscaping and wastewater sources.  New York must be proactive about protecting drinking water supplies and recreational waters.  The costs for prevention are cheaper than the cost of remediation and illness. That’s a lesson we’ve had to re-learn too many times – particularly when it comes to public health and environmental threats.

Unfortunately, the situation will not get better in our lifetimes. More frequent heat waves, bigger wildfires, rising sea levels, hotter temperatures are the unmistakable signs of climate change. Last year was the hottest ever and with that, surface waters will get warmer too.

While we all must embrace changes that follow the science and reduce the emission of greenhouse gases which causes the worsening climate catastrophe, there are things that we can do to better protect surface waters. We should demand of policymakers that strong steps be taken and taken quickly.