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Desperate times could bring about desperate measures in NY

11/28/11




ALBANY -- It turns out that after months of self-congratulatory backslapping over finally steering New York away from fiscal crisis, the sky is falling again.

And for many lobbyists and politicians in Albany, that's just perfect.

Supporters of some potentially transformative plans like a Catskills casino, gas drilling in the Southern Tier and a tax on millionaires are getting added ammunition as the fiscal outlook darkens. And for all the talk of Albany's new politics after years of dysfunction, the bedrock remains steeped in horse-trading and creating a crisis before a lawmaker can push through a solution.

And the budget chatter from Albany is delivering that crisis.

After the legislative session ended this summer, it appeared the worst was over because Gov. Andrew Cuomo and the Legislature dispatched a $10 billion deficit and made a rare cut in spending.

More good news came in July: State Comptroller Thomas DiNapoli announced tax collections were $799 million ahead of projections.

But the last two weeks changed much of that. So what happened?

Overall, the economy remains fragile and unpredictable, same as it has since the hemorrhaging of jobs and tax revenues slowed last year.

But estimates this month from Cuomo show a surprising deficit of $350 million this year with another $3.5 million deficit next year.

And Cuomo said this week that the inability of Washington's supercommittee to cut the federal debt last week, the shock it sent to Wall Street, and economic crisis in Europe "have dramatically changed the fiscal course of the state."

"In some ways, it couldn't be worse," Cuomo said Wednesday. "The economic news is getting worse, not better, and we have a way to go before we are going to come out the other side of this economic tumult."

Cuomo's not wrong if he's low-balling the state's fiscal situation. All governors do before they face a Legislature that traditionally tries to increase spending.

But in New York politics, such pessimism can be gold if you are backing big, bold and controversial plans like hydrofracking for gas in the Southern Tier.

The faltering economy provides fuel for residents there who envision an energy boom after decades of decline. It may also be the catalyst needed for an already powerful political mix involving the Democratic governor and Republican Sen. Thomas Libous of Broome County. Cuomo and Libous, the Senate's deputy majority leader, have formed perhaps Albany's closest alliance.

It's the kind of partnership that could yield a deal in which Libous' Southern Tier district gets state approval for hydraulic fracturing of natural gas wells, called hydrofracking, where many residents want it. In return, Cuomo can limit the process of shooting water and chemicals into underground shale, which environmental groups strongly oppose.

"It makes sense to me that if we are going to permit environmentally safe drilling, that you go to those regions that are willing at accept it," Libous said. "I know this region is willing to accept it."

In true Albany fashion, everything could end up in one big pile:

-- Economic woes would also stir the mix for a private sector casino and for a millionaire tax. Cuomo is looking at whether bringing in a casino -- and its tax revenues -- is a good idea, but has rejected a higher tax on New Yorkers making over $1 million a year out of fear it would drive employers out of state.

-- Powerful Assembly Speaker Sheldon Silver, however, seems oddly optimistic of his chances of getting his proposed millionaire tax passed, which could help avoid further cuts to schools, hospitals and social services. And Silver remains the key to any expansion of gambling.

-- There is even a regional payoff: A millionaire tax and a casino to better fund New York City schools is a top priority of the Assembly's Democratic majority, while reviving the long moribund upstate economy is the top goal of the Senate's Republican majority this election year.

"It seems clear the governor is laying the foundation for major initiatives of some kind," said E.J. McMahon of the fiscally conservative Manhattan Institute. He said many of the economic factors today were present months ago but the rhetoric has changed.

"The phrase 'things have changed' keeps creeping in," McMahon said.

Officially, drilling for gas is only in the review stage to see whether it is environmentally safe. Officially, private-sector casino gambling is just an idea. And officially, the millionaire tax is dead.

But Cuomo faces two basic ways to address further fiscal crisis after three years of budget cutting. He can cut more spending and consider raising taxes. Or, he can try to quickly grow the economy and let more jobs and commerce raise revenue, a riskier route he favors but that has mostly failed in the past.

"That is a more ambitious way to go at it," he said. "That's how I'm doing it. I'm not willing to accept failure, especially without trying."

DEC Hydrofracking Hearing

11/16/11





It may look like déjà vu to passers by tomorrow outside of the Forum Theatre. As it did just over a year ago, the debate over hydrofracking, and all of its passion, is returning to Binghamton.

This time, rather than the EPA, it's the DEC holding a set of public hearings on the controversial natural gas drilling technique. There will be two sessions, from 1 until 4 and again from 6 until 9. Doors open an hour before the hearings begin and the 3 minute time slots will be on a first-come basis. Politicians and agency representatives will be allowed to speak first.

Scott Kurkoski, an attorney with Levene, Gouldin and Thompson, represents the Joint Landowners Coalition which supports natural gas drilling. He says that while landowners are pleased that the process is moving forward, they are concerned that making the regulations too stringent may discourage gas companies from signing leases, or make the terms less favorable. Kurkoski says some drilling opponents don't want to see hydrofracking under any circumstances. "I call them anti-industrialists. People just don't want to have new industry come into our state. First of all, that's not reasonable. Second, there are so many opportunities that this will bring, people are looking for work now. Look at the unemployment figures that we have now. We're seeing those jobs go to other states. We're seeing those opportunities go to other states, while our state continues in this downward spiral. This is the one thing on our horizon that we have that can really turn this thing around."

Walter Hang has been a leading opponent to the DEC's current regulatory plan but says he could support drilling with the proper safeguards. Hang objects to rules that would allow frackwater to be sent to sewage treatment plants. And, is concerned about the possible contamination of private drinking water wells. Hang says, "Unfortunately, the revised draft is still totally incomplete. It's inadequate, it can't protect public health. And that's how come I've written a coalition letter that has more than 3300 signatories. We're calling on Governor Cuomo to withdraw the draft, send it back to the drawing board yet again. And let's see if we can get it right this time around."

Hang is collecting signatures through his website, Toxics Targeting dot com, that asks Cuomo to rescind the proposed rules and start over. In it, he cites 17 specific concerns with the draft policy. Kurkoski says he expects the DEC to issue final regs next year and start issuing drilling permits. Hang says he doesn't anticipate drilling to begin until after 2012.

Fracking Battle Set For Binghamton

11/16/11

As the DEC gets set to hold public fracking hearings in Binghamton Thursday, it's task is not easy:

"Regulate what is by all accounts an intrusive industry but an industry that could have some real economic benefits," said Coughlin & Gerhart attorney Robert McKertich.

At the center of the hearings will be the DEC's latest Economic Impact Study, or S-GEIS. Those in favor of fracking say it's time to finalize the S-GEIS and move on.

"We've seen drilling in New York for 100 years. As you know we have over 14,000 active wells in our state so the D-E-C is very familiar with the process. They've made some modifications to really address high-volume hydrofracking," says Scott Kurkoski, an attorney for the Joint Landowners Coalition.

Fracking opponents say the S-GEIS is inadequate and will tell the DEC tomorrow to go back to the drawing board.

"It would allow wastewater to be spread on our streets and roads. It doesn't deal with the radioactivity issues. There are just so many ways that it's insufficient," said Ben Perkus of NYRAD.

Kurkoski and his landowners coalition feel it's time to set the regulations and start drilling.

"We right now are in a competition for this business with Pennsylvania, Ohio, and Virginia," said Kurkoski.

Others are ready to present a different view.

"You generate this toxic gas drilling wastewater. We don't have a single treatment plant in New York to handle this material. And the scale of the industrialization is simply unprecedented in 100 years," said Walter Hang of Toxics Targeting.

But after tomorrow, it could be just weeks before the DEC issues its final regulations.

"I think we'll have more concrete regulations and better understanding of where the DEC is by the first half of next year," said McKertich.

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Thousands Want DEC Draft Withdrawn

11/15/11




(WBNG Binghamton) With the DEC hearing in Binghamton this week there's a call to scrap the DEC's revised draft supplemental generic environmental impact statement.

While others will call to press forward with natural gas drilling in New York's shale areas.

More than three thousand people have signed a letter calling upon Governor Andrew Cuomo to withdraw the DEC's revised draft report.

Binghamton Mayor Matthew Ryan penned his signature on the letter too.

In a statement to Action News Mayor Ryan says "I've signed onto this letter to protect our citizens, our environment and our economy. This is undoubtedly the most important decision that we will make as a community in the next hundred years, and we have to make it properly."

President of Toxics Targeting Walter Hang wrote the letter to Governor Cuomo.

He believes the DEC is ignoring major issues with hydrofracking.

President of the Greater Binghamton Chamber of Commerce and member of Clean Growth Now, Lou Santoni disagrees.

"It's good for the community, the DEC has done their due diligence, the time really now is to act," says Santoni.

"To say that there have never been hydrofracking problems in New York is just factually incorrect and that's one of the main reasons why I believe the revised draft SGEIS is a dishonest document, it's a sham," says Hang.

The DEC public hearing in Binghamton will be held on Thursday at the Forum Theater from 1 to 4 pm and another session from 6 to 9 pm.

The DEC says they will review the comments made on the revised draft SGEIS and prepare responses to be released with the final SGEIS.

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Binghamton prepares for DEC hydrofracking hearings

11/15/11

Citizens in Binghamton will have the opportunity to speak about the hydraulic fracturing process this week. The DEC is holding a public hearing on the topic Thursday. Our Melissa Kakareka tells us what people can expect at the event.

BINGHAMTON, N.Y. -- Advocates on both sides of the hydrofracking debate will make their voice heard at the Forum Theatre in Binghamton Thursday.

"We're going to be here at dawn, we're going to get in line so that people are able to testify," said President of Toxics Targeting Walter Hang.

The event is one of four public hearings where citizens can comment on the DEC's proposed guidelines for hydraulic fracturing in the state. But there are rules for those who are hoping to speak.

"They have to get there and sign up and there's two to three hour sessions," explained Binghamton Mayor Matt Ryan.

Entry to the locations will begin about an hour before the hearings are set to begin. Speakers will have the opportunity to talk on a first come, first serve basis and will have three minutes to comment. City officials say they are preparing for large crowds to attend the meeting.

"We learned from last time that good preparation makes an orderly affair, so we're going to work on Washington Street to have an area for both groups to gather and we are going to try to leave one lane open depending on how big crowds are," said Ryan.

And they are hopeful that the hearing will help the status of the ongoing debate.

"This is one of the most important topics in our whole region, to make sure that if gas drilling does come, it happens safely," said Ryan.

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