News from STATE SENATOR
Liz Krueger
New York State Senate, 26th District

COMMUNITY BULLETIN – January 2003

Message from Liz . . .
The new legislative session starts today, and I am looking forward to a challenging and difficult session. New York State faces a budget crisis beyond anything we have experienced in recent memory. Based on my experience last year, there is little evidence that our legislature is capable of facing this reality. That said, I view our current crisis as an opportunity to encourage new ways of thinking about the issues that face our state. Since we clearly cannot get out of this if we continue along with business as usual, perhaps the seriousness of our predicament will force the Governor and the Legislature to address the structural problems with New York State government. Failing to do so will result in disastrous consequences for the State, and even worse consequences for New York City, which has even less access to budgetary tricks to resolve the serious revenue shortfalls we face.

Below are some of my main legislative priorities for the coming term:

· Renewal and strengthening of rent regulations. Fortunately Majority Leader Bruno has indicated he does not plan to fight rent law renewal this year. Unfortunately his reasoning is that given the “reforms” enacted in previous years, rent regulation is already dying a slow death through mechanisms such as luxury and vacancy decontrol. I will work with my Republican colleagues to ensure rent regulations are renewed, and will fight for a strengthening of rent regulations through repeal of vacancy decontrol, reform of luxury decontrol, strengthening protections for tenants facing personal use evictions, and other measures designed to ensure that affordable housing in New York City is protected.
· Dealing responsibly with the fiscal crisis. The governor and legislature have to face reality. Current estimates suggest New York State could face a $10 billion shortfall for the coming year, as well as a $2 billion gap for the remainder of this fiscal year. We have to face the reality that there will be both service cuts and tax increases to address these problems. At the same time, we need to recognize that we simply cannot mortgage our future by gutting essential services such as education. We made that mistake during the fiscal crisis in the 1970s and our students are still paying the price twenty five years later. There are areas that can be cut however, and I am hopeful that the budget crisis will encourage the state to look at reform of the Rockefeller Drug Laws again from a new angle. We failed to change these laws in the name of justice, but perhaps this year we will do so in order to save the state money.

District Office: 211 East 43rd Street, Suite 1300, New York NY 10017 (212) 490-9535 Fax: (212) 490-2151
Albany Office: Room 302, Legislative Office Bldg., Albany NY 12247 (518) 455-2297 Fax: (518) 426-6874

· Rules and Budget Process Reform. I believe that the current crisis is the perfect opportunity to push an agenda of reform of the legislative process. Everyone knows the old system has failed – and that the smoke and mirrors budget we passed last year has only worsened the depth of the fiscal crisis we now face. I will continue to push forward my agenda of creating a more democratic and deliberative legislative process. I know that many colleagues also recognize the need for reform and will work to build a critical mass to push reform measures through.

These are just some of the issues I will be working on in the coming session. I will also be serving on two new committees – Rules and Banks – which present new opportunities for advancing these and other issues. I will continue to use these reports to shine light on our legislative process and priorities in the coming months.

Community Spotlight

Lawsuit Filed to Challenge Disposition of Con Edison Waterside Site:
I have joined the East Midtown Coalition for Sensible Development and other elected officials in filing a lawsuit against the New York State Public Service Commission (PSC), challenging the process by which the PSC is deciding whether to approve the sale of the Con Edison Waterside Site, located between 35th and 41st Street at First Avenue. This key land use decision will have tremendous implications for East Midtown neighborhoods for years to come. Unfortunately, the process utilized by the PSC in evaluating whether to approve the sale of this property has not allowed for a thorough review of those implications. A generic environmental review was completed which had significant shortcomings, failing to provide enough detail to allow for a full discussion of the impact of development on traffic, open space and other areas. The lawsuit challenges the qualifications of the PSC to make the kinds of environmental and planning decisions necessary to evaluate the impact of the project, given their focus on the issue of ensuring an adequate rate of return to the utility. It also objects to the terms of the contract between Con Edison and FSM East River Associates, the proposed developers of the project. The suit alleges that the contract does not allow for an adequate environmental review as required by New York City and New York State environmental laws. I will keep you informed regarding further developments.

Update on the United Nations Proposal to Develop Robert Moses Playground:
The United Nations Development Corporation is currently proposing to build a 35-story office building on the Robert Moses Playground site at 42nd Street and First Avenue. The proposed new building will be used to house 4,500 U.N. workers during a $1.05 billion renovation of the glass and marble Secretariat building located on a campus extending from 42nd Street to 48th Street along First Avenue. The current proposal calls for an esplanade along the East River and enhanced public utilization of the U.N.’s north lawn. Particularly given the proposed development of the Con Edison Waterside site just south of the playground, this proposal must be carefully reviewed before it is allowed to go forward.

This proposal must be approved by the State Legislature. New York abides by a public trust doctrine that requires the City to gain the approval of the Albany legislature when relinquishing parkland. For parkland to be forfeited, something equivalent must be provided in return. Manhattan’s East Side from 14th Street to 59th Street has some of the least amount of land devoted to public parks among the city neighborhoods. The city’s Economic Development Corporation (EDC) is still working on plans to present to the community. Unless the open space is replaced on a square foot for square foot basis, it will be difficult to satisfy the community and its needs. I look forward to seeing the EDC’s plans, and hope they develop a proposal that will take the legitimate concerns of this community into account. Any plans for development of Robert Moses Playground must provide for replacement park space that meets the needs of our communities. I will review the final proposal for this project very carefully, and will require the United Nations to be responsive to community input regarding the replacement of Robert Moses Playground.

Spotlight on Policy

Recycling Revisited

Recently a number of press stories and editorials in Upstate newspapers have called for updating the New York City Bottle Law. A number of the suggestions in the press coverage mirror legislation I introduced last session and reintroduced this month. I have attached a recent editorial and letter to the editor from me that appeared in the Albany Times-Union regarding expanding the bottle bill. My legislation S.384 would revise the New York State Returnable Container Act to increase the deposit on returnable beverage containers to ten cents, expand the types of containers covered by the law, and provide for a share of the proceeds from unclaimed deposits to be provided to municipalities through the Environmental Protection Fund (EPF) to cover the costs of recycling programs or other environmental preservation projects.

I believe it offers the most feasible alternative for accomplishing the goal of reducing waste by maximizing the recycling of metal, glass and plastic. S.384 also allows the industry to retain their current five cents per container for unclaimed deposits. This should significantly reduce industry opposition to revising the legislation. Because this legislation increases the deposit, both the EPF and the industry can each receive the equivalent of five cents per unredeemed container. Furthermore, even accounting for an increase in the number of redeemed containers due to the higher deposit, the inclusion of non-carbonated flavored drinks and bottled water in the recycling program should increase the proceeds to industry. It is estimated that industry and government would receive approximately $101 million each year under this legislation. New York City would receive approximately $48.5 million of this total. Under existing law, local governments receive no money and the industry receives approximately $85 million.

This legislation thus accomplishes three goals. First, by increasing the deposit and the number of containers subject to deposit, it encourages recycling and reduces waste production. Second, it addresses the costs associated with recycling programs for the localities that administer them. Finally, it acknowledges that there are costs for the businesses that administer returnable bottle programs, and provides for reimbursement of those costs.

I am hopeful that the recent press attention to this issue will help build the support necessary to move S.384 forward. To help facilitate this, I have written to the Mayor and members of the City Council urging them to support this legislation, and bringing to their attention the recent press coverage. Eliminating recycling in times of economic difficulty is an example of trying to solve a short-term problem by creating a larger long-term problem. We must find more creative approaches that achieve our budgetary goals without undermining essential goals such as reducing the solid waste stream and protecting the environment. S.384 offers one such approach.

Reprinted from the Albany Times Union, December 31, 2002 and January 8, 2003.