This Week In New York/Page 1
This Week in New York
Covering New York State and City Government
A Publication of Pitta Bishop Del Giorno & Giblin LLC
May 15, 2009 Edition
In the News – New York State
Dueling Press Releases Becoming the
Albany Norm
Comptroller DiNapoli Calls for Reforms to State Budget Process
Governor Paterson Calls on Comptroller to Support Spending Cap
State Comptroller Thomas DiNapoli fueled a barrage of press releases this week with the
release of his budget reform proposal. Immediately following the Comptroller’s report on the
2009-2010 budget and suggestions on how to improve the budget process, Governor David
Paterson responded with a call to the Comptroller to fall in line. The immediate response could be
seen as a show of force by the Governor, who engaged both Democrats and Republicans alike in a
war of words this week.
Comptroller DiNapoli noted that although the $131.9 billion budget closed a historic $17.9
billion gap, it did so by using more than $11 billion in temporary federal stimulus funds and
temporary new taxes, “masking the state’s serious structural imbalance.” He then provided a series
of recommendations including:
► Change the beginning of the fiscal year to July 1 to allow sufficient time for public input
and decision making, and to provide a full picture of available revenues.
► Require a binding consensus revenue forecast and also require the Governor to submit a
two-year budget to help eliminate out-year deficits;
► Require more frequent updates to the state’s Financial Plan and require the Legislature to
hold public conference committees to provide the public with greater information during
the budget process;
► Increase the cap on the Rainy Day reserve fund from 3 percent to at least 5 percent;
► Require one-shot revenues to finance non-recurring spending (such as emergency or capital
expenditures).
► Identify in the final budget how much each state agency and program received to maintain
current services and new programs or spending reductions.
► Replace back-door borrowing with voter-approved debt to be issued by the State
Comptroller and establish a new debt cap that would place all new and existing outstanding
State-funded debt under the cap.
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This Week In New York/Page 2
Governor Paterson countered swiftly with a statement which effectively called the
Comptroller’s proposals unsuccessful old chestnuts, a tact usually saved for reforms proposed by
the opposing party.
“…Comptroller DiNapoli made a number of suggestions for reforming the budget process,”
Governor Paterson said. “However, many of these proposals have been advanced previously and
unlike a spending cap, none will have the lasting effect of bringing the State into structural
balance.”
Following a week highlighted by Democrat and Republican resistance to the Governor’s
response to Troopergate and Senate Democrat criticism of the Governor’s choice to head the MTA,
it is not surprising that the Governor moved quickly to reign in the Comptroller. However,
continued Democratic infighting may very well serve to further mire an already difficult session.
Governor Vetoes Bill to Enforce Open Meetings
Governor David Paterson vetoed legislation this week that would have allowed judges to
fine school boards, municipal councils and other public bodies up to $500 for violating the state
open meetings law. The measure would have amended the so-called "Sunshine Law" that allows
judges to invalidate for "good cause" votes or actions taken behind closed doors.
Currently, courts can award costs and attorney fees to someone who sues for an open
meetings violation. The legislation also would have enabled judges to stop board actions done
illegally behind closed doors and send issues back for reconsideration.
In his veto message, Governor Paterson said he "applauds the goal" of the bill, but it has
technical flaws and was opposed by all major groups representing local governments. "The most
problematic aspect of the bill is that civil penalties would be imposed upon local governments,
which means taxpayers would ultimately be responsible for the bill," the Governor explained.
Supporters of the legislation indicate that they are working with the Governor’s office to
address his concerns. One suggestion would be to redraft the legislation to impose the fine on the
individual board members.
In the News – New York City
City Unveils Construction, Demolition and
Abatement Overhaul
City Council Speaker Christine C. Quinn and Deputy Mayor for Operations Edward Skyler
this week announced a comprehensive legislative package designed to improve safety protocols,
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This Week In New York/Page 3
increase City oversight, and enhance inter-agency communication at construction, demolition, and
abatement sites in New York City.
Following the tragic fire at the former Deutsche Bank building at 130 Liberty Street, Mayor
Michael R. Bloomberg ordered a comprehensive review of oversight and operations at
construction, demolition, and abatement sites. The bill package is the result of a collaborative
process between the Administration and the Council that combined the findings of the task force
with Council members’ legislative proposals.
STRENGTHENING STANDPIPE AND SPRINKLER SAFETY
Five bills that will:
► Establish uniform color coding of standpipe and sprinkler systems for ease of identification
in case of emergency and so they are not damaged and rendered inoperable;
► Require a plumbing or fire-suppression license and permit to cut and cap standpipes or
sprinklers during demolition;
► Require installation of an air-pressurized alarm system in dry standpipes during
construction and demolition operations to ensure any breach in the system is immediately
detected;
► Require pressure testing of new or altered sprinkler or standpipe systems;
► Require site safety managers to conduct daily checks of standpipes and weekly tracing of
the system at construction and demolition sites to ensure no breach has occurred.
IMPROVING INTER-AGENCY COMMUNICATION AND ENHANCING SAFETY AT
CONSTRUCTION AND DEMOLITION SITES
Three bills that will:
► Require DEP, FDNY and DOB to share information about violations issued and other key
inspection data so that inspectors from all three agencies enter a site aware of any serious
problems and agency managers can allocate inspection resources most efficiently to the
properties that pose the highest risks;
► Improve permitting standards for demolitions by requiring a registered design professional
to submit a detailed plan for demolition, including all work done by mechanical devices
(for example, jackhammers, bobcats, etc.);
► Implement a zero-tolerance smoking policy at certain demolition, construction and
abatement sites.
REGULATING OVERSIGHT AND SAFETY OF ASBESTOS ABATEMENT
Three bills that will:
► Establish a three-point asbestos abatement protection program that will: 1) require permits
for certain abatement jobs that pose the highest safety risk; 2) mandate the use of fire-
retardant materials during the abatement process; and 3) authorize DEP inspectors to
enforce provisions of the fire and building code at abatement sites;
► Limit simultaneous asbestos abatement and full demolition work unless the job meets
certain thresholds established by DEP, FDNY and DOB;
► Require DEP to publish guidance to environmental contractors on how to maintain egress
and satisfy other safety requirements at abatement sites.
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This Week In New York/Page 4
Speaker Quinn Announces $3 Million Biotech Tax
Credit to Encourage Hundreds of High Tech Jobs
City Council Speaker Christine C. Quinn, State Assembly Member Mark Weprin and State
Senator Thomas Duane, this week announced the introduction of legislation in Albany that will
allow New York City to move forward with a $3 million biotech tax credit.
The tax credit is designed to work with New York State's Qualified Emerging Technologies
Credit (QETC). Firms will be provided with a refundable credit for facilities, operations and
training. The credit is limited to small firms engaged in research and development that meet New
York State standards as qualified emerging technology companies.
Qualified companies will be eligible for the credit for up to 4 years. The credit will help a
young firm equip a lab, train technicians and fund access to high tech equipment. The allowable
expenses and the credit based on those expenses will be the same as for the New York State credit
for businesses that increase their employment by at least 5 percent, compared to a base year. Those
that do not grow will still be eligible for the credit but at half the rate.
The credit will be capped at $3 million per year. The bill is sponsored by in the Senate by
Senator Tom Duane (S. 4845) and in the Assembly by Assembly Member Mark Weprin (A. 8131).
In Brief
NYC Health Commissioner to Head
Centers for Disease Control
New York City Health Commissioner Dr. Thomas R. Frieden will be tapped by President
Barack Obama as the next director of the Centers for Disease Control and Prevention. Dr. Frieden
is expected to take office next month. His appointment does not require Senate confirmation.
Senate Task Force Formed to Review Empire Zone Program
Senate Democrats this week announced the development of an economic task force charged
with developing new ways to attract businesses to the state and create jobs. The proposed task
force would make recommendations for a program to replace the Empire Zone program— which is
scheduled to sunset in June 2010.
The task force will be made up of 29 business and community leaders from across the state
and could include members from universities, unions, business organizations and non-profits.
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This Week In New York/Page 5
US Government to Help Pay NY Unemployment Benefits
New York State will receive an extra $137.6 million from the federal government to pay
unemployment benefits and may see an additional $275 million more later this year, according to
Governor David Paterson. The state will use about $17 million to pay for extra workers to
process claims and to upgrade software, with $120 million used to provide benefits for laid off
workers
The state currently spends $100 million per week to pay unemployment benefits. The
state's unemployment trust fund has depleted and New York has borrowed about $1 billion from
the federal government, which has to be repaid. The state unemployment rate is 7.8 percent. More
than 446,000 New Yorkers collected unemployment benefits in March, according to the state
Labor Department
More Proposals Introduced to Deal with Bottle Bill Expansion
The state Legislature has introduced three bills to amend the expansion of the Bottle Bill
proposed as part of the 2009-2010 state budget to address implementation problems.
► A bill sponsored by Senate Finance Committee Chairman Carl Kruger, D-Brooklyn, and
Assemblymember RoAnn Destito would push back the start date until Oct. 1 and limit the
number of bottles accepted at smaller stores (S4637A).
► Environmental Conservation Committee chair Senator Antoine Thompson is proposing to
delay the expansion until July 1 and eliminate the bar-code requirement (S5505).
► Assembly Environmental Conservation Committee Chairman Robert Sweeney, D-Suffolk
County, proposes to delay the bar coding until January (A8130). Assemblyman Sweeney
has indicated that the law should stand except for the bar coding issue. Any delay would
mean a loss of state revenue. The state is expecting to raise $115 million from the bottle bill
in the 2009-10 fiscal year, which started April 1.
In a memo to groups involved in the issue, Governor Paterson this week called for delaying
the start date until July 1, eliminating New York-specific bar codes on bottles and letting some
stores opt out of having to install machines that accept recyclable bottles.
Coming Up
State Legislative Hearings
Thursday, May 21st
Evaluating the Equitability of New York State's Business and Banking Tax Structures and Their
Effectiveness to Foster Economic Growth Statewide
Senate Select Committee on Budget and Tax Reform
Senate Hearing Room, 250 Broadway, 19th Floor, New York, 12:30 p.m.
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This Week In New York/Page 6
Governance of the New York City School District
Senate Standing Committee on Education
Bronx Community College, Gould Memorial Library Auditorium, University Avenue and West
181st Street, Bronx, 1 p.m to 4 p.m.
City Legislative Hearings
Monday, May 18th
Finance; Governmental, Council Chambers - City Hall, 10 a.m.
Budget Hearings
10 a.m. - 11 a.m. Board of Elections
11 a.m. – 12 p.m. Campaign Finance Board
Finance; Juvenile Justice, Council Chambers - City Hall, Noon
12 p.m. - 12:30 p.m. Juvenile Justice
Aging; Finance; Senior Centers, Council Chambers - City Hall, 12:30 p.m.
12:30 p.m. - 1:30 p.m. Aging
Tuesday, May 19th
Finance; Public Safety, Council Chambers - City Hall, 10 a.m.
Budget Hearings
10 p.m - 12:00 pm Police
12 p.m. - 1:15 p.m. District Attorney / Special Narcotics Prosecutor
1:15 p.m. - 2:15 p.m. Civilian Complaint Review Board
Finance; Parks & Recreation, Council Chambers - City Hall, 2:15 p.m.
2:15 p.m. - 3:15 p.m. Parks & Recreation
Wednesday, May 20th
Zoning & Franchises, Committee Room - City Hall. 9:45 p.m.
Consumer Affairs, Council Chambers - City Hall, 10 a.m.
Proposed Int 846-A - By Council Member Gonzalez, Comrie, and James – In relation to vending in
Sunset Park, Brooklyn.
Land Use, Committee Room - City Hall, 10 a.m.
Rules, Privileges & Elections, Council Chambers - City Hall, 11:30 a.m.
M 1386 - Communication from the Mayor - Margery H. Perlmutter, reappointment as a member of
the Landmarks Preservation Commission
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M 1390 - Communication from the Public Advocate - Karen Phillips, reappointment to the City
Planning Commission,
M 1424 - Communication from the Staten Island Borough President - Rayann Besser, appointment
to the City Planning Commission.
Stated Council Meeting, Council Chambers - City Hall, 1:30 p.m.
Thursday, May 21st
Zoning & Franchises, Council Chambers - City Hall, 10 a.m.
Parks & Recreation, Hearing Room - 250 Broadway, 14th Floor, 10 a.m.
Int 916 - By Council Members Liu et al - In relation to regulating removal of trees from private
property.
Int 927 - By Council Members Oddo et al - In relation to the unlawful damage or removal of trees
within a Special Natural Area District.
Health, Committee Room - City Hall, 10 a.m.
Proposed Int 433-A - By Council Members Rivera et al - A Local Law to amend the
administrative code of the city of New York, in relation to prohibiting the sale of certain flavored
tobacco products.
Int 642-A - By Council Members Dickens et al - In relation to prohibiting smoking on and around
hospital grounds.
Res 293 - By Council Members Fidler et al - Resolution calling upon the United States Congress
to tighten advertising restrictions in the federal Cigarette Labeling and Advertising Act and to
allow localities to legislate in this area, in order to reduce the exposure of youth to tobacco
advertising.
Res 1927 - By Council Members Felder, Comrie, Gentile, James and Koppell - Resolution calling
upon the United States Congress to pass the Family Smoking and Prevention Act.
Civil Service & Labor; Lower Manhattan Redevelopment, Hearing Room - 250 Broadway, 16th
Floor, 10:30 a.m.
Oversight – The Health of 9/11 World Trade Center First Responders Proposed
Res 1924-A - By The Speaker (Council Member Quinn) and Council Members Brewer et al-
Resolution calling upon Congress to amend and pass H.R. 847, the James Zadroga 9/11 Health and
Compensation Act, to reduce the share of the costs borne by the City.
Civil Rights, Hearing Room - 250 Broadway, 16th Floor, 1 p.m.
Oversight - The Neighborhood Human Rights Program
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This Week In New York/Page 8
Environmental Protection, Hearing Room - 250 Broadway, 14th Floor, 1 p.m.
Preconsidered Introduction - By Council Members Gerson and Martinez – In relation to the
simultaneous performance of demolition work and asbestos activities within the same building.
Preconsidered Introduction - By Council Member James – In relation to prohibiting smoking at
abatement sites.
Preconsidered Introduction - By Council Members Martinez and Gerson – In relation to asbestos
abatement and repealing article 106 of chapter 1 of title 28 of the administrative code in relation
thereto.
Preconsidered Introduction - By Council Member Stewart – In relation to egress at abatement
projects.
Finance; Education, Council Chambers - City Hall, 3 p.m.
Budget Hearings
3 p.m. – 5 p.m. Education & School Construction Authority (Capital)
___________________________________________________
If you have any questions regarding any of the matters addressed in this newsletter, or any other
lobbying or government relations issues in general, please contact the Pitta Bishop Del Giorno &
Giblin LLC representative with whom you usually work.
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This Week in New York is a publication of Pitta Bishop Del Giorno & Giblin LLC, 120 Broadway,
20th Floor, New York, New York 10271 (212) 652-3890.
Pitta Bishop DelGiorno & Giblin LLC, 111 Washington Avenue, Albany, New York. (518) 449-3320
Theresa Cosgrove,editor, tcosgrove@pittabishop.com