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Blair Horner's Capitol Perspective

SUMMERTIME: BEACHES, OCEAN AND TRASH

Posted by NYPIRG on August 24, 2015 at 1:49 pm

As the nation begins to cram in its end of summer vacationing, many Americans head to the beach, particularly those on the ocean.  Little do they see the increasing reality: the oceans are choking on garbage, particularly plastic waste.

According to a recent report, experts estimate that over eight million tons of plastic waste ends up in the world’s oceans each year, and that amount is likely to increase dramatically over the next decade unless nations act.

The amount of plastics waste found in the ocean is the equivalent of “five plastic grocery bags filled with plastic for every foot of coastline in the world.”  Experts estimate that by 2025, the amount of plastic waste entering the oceans would double, or the equivalent of 10 bags per foot of coastline.

While the United States is not the world’s worst offender – that distinction goes to China – the U.S. generates an estimated 110,000 metric tons of marine debris a year.

Plastics have been spotted in the oceans since the 1970s.  Since then, masses of plastic waste have been observed floating where ocean currents come together and plastics can be found on the world’s most remote beaches and in arctic sea ice.

Exposed to saltwater and sun, coupled with the effects of wave action, the plastics break up into tiny pieces that can become coated with toxic substances like PCBs and other pollutants.

Research into the marine food chain suggests that fish and other organisms consume the bite-size particles and may reabsorb the toxic substances. Those fish are eaten by other fish, and by people.  It has been estimated that roughly 20 percent of small fish have plastic in their bellies.

Cleaning up the plastic once it is in the oceans is impractical; only a portion of it floats, while most disappears, and what does not wash ashore settles to the bottom.  For example, plastic beverage bottles, immediately sink. Studies suggest the seafloor–typically 2½ to 3¾ miles down–may hold far more than surface waters.

So what can be done?  Some researchers are looking into trying to collect much of the floating plastics.  For example, nonprofit tech developer The Ocean Cleanup wants to use ocean currents to corral plastics into an array of anchored booms to concentrate and remove them.

Easier than trying to recover these practically irretrievable bits of broken-down plastic is keeping plastic stuff out of the water in the first place. In 2013, volunteers with the Ocean Conservancy’s International Coastal Cleanup collected more than 12.3 million pounds of beach trash around the globe, including more than 940,000 plastic bottles.

Better yet, the nation should curb plastic use altogether. The average American throws out 185 pounds of plastic every year. Cutting plastic bag use can dramatically reduce waste.  After San Jose, California banned plastic bags in 2012, plastic bag litter dropped by almost 90 percent; it fell by 60 per­cent in creeks and rivers.

And San Jose is not alone:  San Francisco passed a ban in 2007. A similar law took effect across California this summer.In addition to California, a de facto statewide ban exists in Hawaii as all of the most populous counties in the state prohibit non-biodegradable plastic bags at checkout, as well as paper bags containing less than 40 percent recycled material. Other states, including Delaware, Maine, and North Carolina have also passed laws governing plastic bags.

In addition to the benefits to reducing the amount of garbage in the oceans, plastic bags aren’t biodegradable, and less than one percent of plastic bags are recycled. Even when they are, it costs more than producing a new one.

One staff member from San Francisco’s Department of the Environment, commented, “There’s harsh economics behind bag recycling: It costs $4,000 to process and recycle one ton of plastic bags, which can then be sold on the commodities market for $32.” It is clear that recycling plastic bags makes little economic sense, banning them is best.

New York State should do its part too – by banning plastic bags.  The ocean views will be that much better.

SOME GOOD NEWS

Posted by NYPIRG on August 17, 2015 at 2:03 pm

The scandals and controversies that have engulfed Albany surely feed public cynicism.  However, the vast majority of the time, government is providing services that help people, and it does so in a reasonably efficient and ethical way.

But that doesn’t make news.

Last week, there was evidence of how effective New York’s policymaking has been – at least compared to the rest of the nation.

Recently, the Obama Administration unveiled its plan to combat global warming by ordering a cut in carbon emissions from power plants.  The plan calls for a 32 percent nationwide carbon reduction in power plant emissions by the year 2030.

The President’s plan makes sense.  2014 was the hottest year in recorded history.  The world’s experts have stated that global warming is largely due to human activity—primarily the result of reliance on fossil fuels.  They argue that the only way to respond to this crisis is to dramatically slash the use of fossil fuels, like coal, oil and gas, which, when burned, emit the greenhouse gases warming the planet.

New York State has been responding.  In June, the state’s energy plan committed to reducing greenhouse gas emissions by 40 percent, decreasing energy consumption in buildings by 23 percent, and making sure half of the state’s energy is produced from renewable sources.  These goals are part of the state’s overall effort to curb greenhouse gas emissions by 80 percent by the year 2050, the goal set by the world’s climate experts as part of the overall worldwide strategy to reduce the impacts of global warming.

While the federal plan focuses on power plants, the state’s energy plan also looks at other sectors – suchas heating buildings and the transportation industry – toboost energy efficiency.

New York’s plans – if enacted – would ensure that the state meet the Obama Administration’s deadline a full decade ahead of the federal mandate.

New York’s head start is the result of its policymaking.  A key component has been New York’s participation in a nine-state effort known as the Regional Greenhouse Gas Initiative, which caps each state’s annual carbon emissions and requires power plants to purchase pollution allowances at auction, with the money supposed to be reserved for clean-energy projects in each state.

The potential program that could dramatically boost the state’s global warming efforts is New York’sReforming the Energy Vision (also known as “REV”) plan.  REV is under active development before the state’s Public Service Commission.  REV has the potential to fundamentally reshape the production and distribution of electric power and significantly reduce the creation of heat-trapping carbon emissions through the use of energy reductions, efficiency measures and the move to reliance on alternative energy sources, such as solar power.

The REV is also the vehicle for modernizing the state’s energy system.  Under the current utility structure, the power sector in New York is on track to spend an estimated $30 billion to replace and modernize the state’s aging energy infrastructure over the next decade.  REV offers a way to modernize that system in a “green” and affordable way.

New York’s REV offers a vision for how to modernize the energy grid while mitigating the impacts from global warming.  At the moment, it is just a plan.  But if it succeeds, it can offer a model for the nation and perhaps the world.

And it is an example of innovation in state government.  It’s easy to get depressed by the news coming out of Albany.  It is, however, important to keep the bad news in perspective.  There is a lot happening in New York that’s good, too.  The state’s efforts to tackle global warming areexamples of its positive efforts to respond to the most daunting issue of our time.

ETHICS STAYS IN THE NEWS

Posted by NYPIRG on August 10, 2015 at 11:00 am

When Albany is in the dog days of summer, it is usually quiet at the state Capitol.  Lawmakers are doing whatever they do during the summer and, in recent decades, the governor isusually downstate.

But this has not been a typical summer.  The arrests and indictments of Albany’s legislative leaders earlier in the year and the recent convictions of other leaders have kept the issue of ethics reform alive.

For reasons that are not entirely clear, the governor continues to do all that he can to keep throwing cold water on the calls for action.  Most recently he smothered calls for a special legislative session devoted solely to ethics reforms, declaring:  “I haven’t heard anything from the Senate or the Assembly saying, ‘Our minds are changed, we now want to pass a bill that we didn’t want to pass.’ So for the taxpayers to spend a lot of money to bring the legislators back to Albany for the same outcome they had several weeks ago makes no sense.”

It is certainly out of character for this governor to allow someone else to dictate his actions.  Let’s take at face value his statement that lawmakers have rejected, and will continue to reject, his reforms.  What reforms is the governor talking about?  He never mentions them at all.

There is one reform that the governor has not advanced and the legislature has not considered: strengthening the state’s ethics enforcement agencies.

The problems with the state’s leading ethics watchdog bubbled to the surface last week when the Joint Commission on Public Ethics (JCOPE) held its monthly meeting.  Some of the members publicly complained that the governor’s staff had been meddling in its internal affairs (which, if true, is a violation of the law).

At the meeting, several members questioned whether the governor had too much influence over the agency, which is now looking for its third director in less than four years.  The first had served as Cuomo’s inspector general and worked for Cuomo when he was attorney general.  The second worked for Cuomo in both the governor’s office and the attorney general’s office before that. She left the commission to join Cuomo’s tax department.

Meddling by the governor is not the only problem:  The agency has been nearly invisible in combatting corruption.  Federal prosecutors, not state ones, have brought the vast majority of the high-profile corruption cases.

When the governor talks about the reforms that he cannot get approved by a recalcitrant legislature, he conveniently ignores the need for reform of the state’s ethics agencies.   And reforms are needed to ensure that ethics is monitored by an independent ethics agency that is looking out for the public interest, not the interests of either the governor or the legislature.  Here are a five needed reforms:

  • In a rare, if not unique, provision, New York law allows JCOPE’s board to include elected officials. Given the role of the agency in monitoring elected officials, as well as monitoring the lobbying industry (which is also a rich source of campaign contributions), New York should ban the involvement of electedofficials from the ethics watchdog panel.
  • New York law also allows the appointees of legislative leaders to veto JCOPEinvestigations of the legislators. That provision must be repealed.
  • There should be a “revolving door” limitation that prohibits legislative or executive staff from becomingthe top staff of any of the state’s ethics watchdogs.
  • Those executive directors should serve for a fixed term so as to enhance her or his independence from political retribution. And ethics agencies should be guaranteed budgets that are predictable, adequate, and not subject to political pressures.
  • Ethics agencies should be covered by the provisions of the Freedom of Information and Open Meeting Laws requirements and make all investigation records open to public inspection when a matter is closed, as was the practice of the Temporary State Commission on Lobbying.

New York law requires that an independent commission review the work of JCOPE.  That group has been appointed and is beginning its work.  Its recommendations are due later this year.  When its reactions become public, the governor should use that opportunity to call lawmakers back to get cracking on ethics reforms.

The best laws in the world will not work without real oversight and enforcement.  It’s time New York State’s ethics watchdogs became more independent – entities that not only barked, but were free to bite.

IS ALBANY THROWING IN THE TOWEL ON ETHICS?

Posted by NYPIRG on August 3, 2015 at 7:06 am

Even by Albany’s scandal-stained record, last week was unique: 2 state Senators were found guilty of corruption in two separate trials.  Former State Senate Majority Leader John Sampson and current Deputy Majority leader Tom Libous are now facing prison time for violating the public’s trust.

Given the historic nature of those convictions, it would be reasonable to expect reaction from Albany’s political leadership.  But that was not the case.  Instead of news releases and calls for action, only the sounds of crickets were heard from the state Capitol.

When pressed, the governor made two, seemingly inconsistent arguments:

(1) That enough had been done to strengthen the state’s ethics laws; and,

(2) That the legislature wouldn’t agree to any additional changes.

Is the governor giving up on ethics reform?

Just a little background on how Albany got here.  After dozens of lawmakers were sanctioned due to ethical misconduct, a new low was hit earlier this year with the arrest and indictment of the now-former Assembly Speaker.  In reaction, the governor sprang into action.  Within days, the governor had organized a venue for him to discuss the need for sweeping, unprecedented ethics reforms.  The governor even promised to hold up the budget if his plan was not approved.

The budget that passed did contain new ethics measures, which at least to some extent, requires more disclosures of outside income by lawmakers.  Yet, the plan was widely viewed as an insufficient response to the weaknesses in the state’s ethics laws.

A month later, the now-former Senate Majority Leader was indicted for unethical conduct.  Once again, a member of Albany’s political leadership was under an ethics cloud.  But this time, no calls for reform were uttered by the governor.  In fact, for the rest of the legislative session, the governor and the legislative leaders ignored the growing chorus calling for new ethics measures.  Lawmakers wrapped up the end of the session with the obligatory pats on the back and headed home.

But the public views ethics as a big problem:  A recent poll found that 90 percent of New Yorkers agree that ethics at the state Capitol needs improvement.

Fast forward to last week, two more lawmakers were convicted for abusing their public office.

Reformers are urging that the governor convene a special session devoted exclusively to ethics.  But the governor will have none of it.

When pressed by reporters, the governor stated, “A special session to do what? I mean, we’ve proposed every ethics law imaginable. We’ve proposed and accomplished unprecedented disclosure.”  The governor also told reporters in another media scrum, “I haven’t heard anything from the Senate or the Assembly saying, ‘Our minds are changed, we now want to pass a bill that we didn’t want to pass.’ So for the taxpayers to spend a lot of money to bring the legislators back to Albany for the same outcome they had several weeks ago makes no sense.”

In one key way, the governor is quite right:  While the governor can call the legislature back to Albany, he can’t make them do anything.  But doing nothing makes it clear to New Yorkers exactly where their elected officials are when it comes to cleaning up Albany.

By giving up, the governor is giving political cover to those lawmakers who oppose reform.  The governor is, in effect, defending the status quo.

That’s not what New Yorkers want.  90 percent of New Yorkers see Albany’s ethics as a problem.  They send elected officials to Albany to solve problems, not dodge them.

Right now the governor is helping the dodge.  Governor Cuomo is someone who prides himself on getting things done, on bringing people together.  When it comes to ethics, the long parade of crooked pols underscores just how much more needs to be done.

The governor shouldn’t be throwing in the towel; he should be taking up the challenge.

THE GOVERNOR GETS A CHANCE TO BOOST STATE SUPPORT FOR PUBLIC COLLEGES

Posted by NYPIRG on July 27, 2015 at 9:51 am

Four years ago, state lawmakers approved a plan that changed its relationship with the state’s public colleges and students.  The plan contained two major changes: public college tuition would be raised automatically and the state would commit not to cut state support for those institutions and would not use the increased tuition to close budget holes.

As part of the deal to increase tuition up to $300 annually, the state pledged to maintain its support.  According to state officials, “In return, the State committed to maintain [the state and New York city university systems] current funding year-to-year – this preserved budgets for curriculum innovation and ensured students were not back filling State cuts.”

This component of the plan was a Maintenance of Effort (MOE) provision, which mandated the state provide a steady level of funding to public colleges that would not depend on revenue generated from tuition.

The idea was that this MOE should have allowed the State University of New York and the City University of New York to invest the funds generated by the tuition hikes toward expanded academic and student support services.

But it turns out that there was a major caveat to the state’s promise.

Buried in the fine print of the 2011 legislation was that the MOE was defined to mean that the state would spend no less than the total amount it spent the year before.  Yet, annual inflation erodes the purchasing power of the dollar; in essence keeping state support at a steady level meant a cut.  Moreover, the fine print also left vague what services would be covered by the MOE.

When the plan was approved in 2011, critics thought the result of annual tuition hikes would be a shift in the cost of attending public college from Albany to the students and their families.  Sadly, it appears that they were right.

Tuition at state public colleges is expected to increase by as much as 42% by the time the law expires on July 1, 2016.   While tuition has jumped dramatically, state support for SUNY and CUNY has remained largely flat.  As a result, the cost to maintain SUNY and CUNY’s services at the same level as it was in 2011 has increased by nearly $200 million combined.

The state made up the difference by using the increased tuition dollars, undermining its promise to students and their families.  Eroding state support coupled with rising tuition has had an impact: Prior to the 2008 recession, the state paid more than half of SUNY’s operating costs. Now student tuition and fees account for 64 percent of SUNY’s operating costs and the state pays a mere 36 percent of those costs.

During that time, the state has not felt budgetary shortfalls: In fact,New York State’sbudget has grown from $134.8 billion in 2011 to $143.8 billion in 2015, roughly a 7.5 percent increase.That’s right, while the state has spent 7.5 percent more than it did at the beginning of the Cuomo Administration, students have been forced to pay more and the state has shortchanged public colleges in the budget.  Clearly, priorities have been elsewhere.

The effect has been to shift the burden of operating New York’s public colleges from the state to college students and their families.

Lawmakers now understand the mistake in the MOE and have overwhelming approved a fix.  The legislation requires the state to provide funding tocover all mandatory costs of bothSUNY and CUNY.  Those mandatory costs include items like utility bills, building rentals and other inflationary expenses incurred by both the state and city universities and the state university health science centers.  The legislation has broad support:  SUNY, CUNY, faculty and student groups all supported the bill and it passed the Senate 62-1 and passed Assembly 146-1.

Now the ball is in Governor Cuomo’s court.  When the legislation is sent to his desk, will he approve it and keep New York’s promise to ensure that increases in public college tuition enhance public higher education?  New Yorkers will soon see.