Archive for March, 2008

DOT Unveils 5-year Plan

Senate transportation chairman doubts $25.7 billion proposal can be dealt with by April 1
By Cathy Woodruff, Staff Writer

ALBANY — State Transportation Commissioner Astrid Glynn has submitted a new $25.7 billion five-year capital program to state lawmakers, calling it “a turnaround plan” that aims to halt deterioration of infrastructure and set the stage for more ambitious enhancements with federal help.
A 53-page outline of the plan sent to legislators notes that a recent assessment “concluded that the state’s transportation system is under stress, chiefly as a result of its age, heavy use and lack of adequate investment in past years.”

In addition to projects begun under New York’s current capital plan, the program proposed for 2009-2014 emphasizes “multi-modal” projects that would offer New Yorkers more options for how they travel.

The first focus of the plan is stabilizing the state’s aging roads and bridges, Glynn said, but the plan also reflects an effort to include rail, transit, bike and pedestrian and aviation-oriented projects.

The plan is billed as “a departure from previous strategies,” and Glynn said there was an effort to more clearly explain what results should be expected.

But Senate Transportation Committee Chairman Thomas Libous, R-Binghamton, questioned how the state will pay for it.

“It’s a $25 billion plan. It’s considerably higher than the last one, which was $17.5 billion, and it doesn’t really back it up with any revenue,” he said.

Chances that the Legislature will approve a $15 car insurance surcharge proposed in former Gov. Eliot Spitzer’s budget are dim, he said, and prospects for significant increases in federal funding are not solid.

Libous also pointed to delays in funding contracts already awarded and an ongoing diversion of money from New York’s dedicated highway fund, which he said also could help cover gaps in funding.

The senator said it is unlikely that lawmakers will be able to make any budgetary determinations on the plan in time for the fiscal year starting April 1.

“It’s going to have to be done off-budget,” Libous said. “It’s a massive task.”

NYSDOT Submits Five-Year Transportation Capital Plan

$25.7 Billion Multimodal Program for 2009-2014 Sent to Legislature

New York State Department of Transportation (NYSDOT) Commissioner Astrid C. Glynn today announced that the agency’s five-year capital program for State fiscal years 2009-10 through 2013-14 has been submitted to the Legislature. Submitted a year early in accordance with congestion pricing legislation that was passed last year, it outlines a $25.7 billion plan to sustain the safe, efficient, reliable operation of a modern transportation system. The current plan, covering State fiscal years 2005-06 through 2009-10, is $19.4 billion.

The proposed multimodal transportation program focuses on preserving our investments in the state’s highways and bridges and providing essential support for public transportation, rail, aviation and port facilities.

“This five-year capital program represents a turn-around plan that stabilizes current conditions,” Commissioner Glynn said. “By funding all modes of the transportation system, New York can help promote continued economic development and provide all New Yorkers with the transportation choices they need to enjoy the quality of life they deserve.”

In the face of increasing demand and the aging of the state’s infrastructure, the proposed capital program calls for stabilizing and preserving the multimodal infrastructure through preventive and corrective maintenance and capital construction improvements. In addition, the program identifies cost-effective investments designed to improve the existing transportation system by making it more reliable and more tailored to supporting a growing economy. The program also complements efforts to improve air quality, reduce energy use and encourage smart-growth statewide.

The proposed capital program includes $24.128 billion for the core transportation program, the investments targeted at maximizing the useful life of the existing transportation infrastructure. These core efforts would include maintaining the transportation system in a condition at least equal to current conditions, cost effectively managing the state’s transportation assets and protecting public safety.

The proposed capital program also provides $1.513 billion for eight major construction projects of statewide significance as well as a new, $12 million land-use planning initiative to help communities address their transportation needs comprehensively.

The eight major projects are: converting Route 17 to Interstate 86; repairing and replacing the deck on the Gowanus Expressway in Brooklyn; designing and constructing a new connector road from I-81 to Fort Drum near Watertown, Jefferson County; constructing Section 6 of U.S. Route 219 in Cattaraugus County, implementing border crossing infrastructure improvements; providing additional funding for the Peace Bridge expansion; eliminating, closing or improving highway railroad crossings as part of the Long Island Railroad’s Mainline Corridor Project between Bellerose and Hicksville in Nassau County; and improving the railroad infrastructure on the Empire Line between New York City and the Capital District.

For localities, the core program includes $1.711 billion for the Consolidated Local Street and Highway Improvement Program (CHIPS), which provides state grants for local highway and bridge repair and improvement. The core program also provides $233 million for the Municipal Street and Highway (“Marchiselli”) Program, which helps localities match federal aid. The Marchiselli funding level represents an increase of $35 million over the current plan. An investment of $250 million for a local bridge program is included to continue an initiative proposed in the 2008-09 Executive Budget to enhance the repair and maintenance of local bridges. Finally regarding localities, more than $2.5 billion is estimated as the share of the state’s federal funding that will be utilized for local and other non-state system transportation projects

The program also provides $74 million for enhancements to the core program, investments that will improve the transportation system beyond existing levels. These enhancements include additional CHIPS funding, as well as funding to develop an additional 50 miles of bicycle lanes and resources to expand the electronic systems that monitor and manage highway traffic flows.

Last fall, NYSDOT released an analysis of the state’s transportation needs for the 20-year period from 2010 to 2030. This action was taken not only to define New York’s needs, but also to prepare for 2009’s reauthorization of the federal highway and transit funding programs. NYSDOT, like transportation agencies in other states, has urged the federal government to continue its traditional leadership role and to provide strong support for the transportation system.

Commissioner Glynn said, “For this critical effort to succeed, the federal government will need to be a full partner and provide a significant share of necessary resources.”

Throughout the past month, NYSDOT conducted a series of nine statewide forums to gather public opinion about the content of the five-year program, as well as project and program priorities during the next 20 years. Speakers at the forums discussed capacity issues on our transportation system, the need for increased multimodal travel opportunities and the need to fix an aging infrastructure that is struggling to support its increasing use.

The proposed capital program that has resulted is subject to approval by regional metropolitan planning organizations across the state, organizations designated to approve short and long-range transportation plans under a federally prescribed planning process that includes extensive public outreach.

The plan establishes a series of accomplishment-focused goals, objectives and investment criteria. Highlights include:

A day of good feeling

Paterson sworn in as governor amid praise for his character; focus now turns to budget.

By JAMES M. ODATO, Capitol Bureau

ALBANY — Announcing his ascension to the state’s highest office, Gov. David Paterson on Monday declared himself ready to serve out the unexpired term of scandal-scarred Gov. Eliot Spitzer.

Without mentioning his disgraced former boss, Paterson gave a rousing, humorous and historic swearing-in speech that raised hopes among the 2,000 politicians and visitors in attendance.
Paterson, greeted by applause that lasted more than a minute and a half, took the oath of office at a joint session of the Legislature. The blind, 20-year veteran of the state Senate showed his gift for oratory and talent for memory, delivering a 25-minute address that listeners praised as inspirational and serious when it came to the shaky economy.

He called for “adjustments” to the budget plan Spitzer unveiled in January. Some lawmakers began talking about the possibility of a baseline budget, which would mean bare-bones spending, with a supplemental appropriations bill later in the year.

As he ascended from the lieutenant governor’s post he’s held since January 2007 to become New York’s 55th governor, Paterson, 53, displayed a humble smile and began his speech with some playful pokes at legislative leaders.

He closed it by summing up his life as an African American born in Brooklyn, educated on Long Island, and raised in Harlem, encountering racial prejudice and dealing with blindness. In a rising voice he said: “Let me reintroduce myself. I am David Paterson. And I am the governor of New York state!”

A crowd of Senate and Assembly members, lobbyists and dignitaries packed the largest chamber in the Capitol, which was filled with uncertainty early last week as Spitzer agonized over whether to quit.

“I never expected to have the honor of serving as governor,” Paterson said. “But our constitution demands it. This transition today is an historic message to the world that we live among the same values that we profess, and that we are a government of laws and not individuals. Today we can be proud of our democracy.”

Randi Weingarten, president of the United Federation of Teachers, said the address was “transforming” and at once repositioned Paterson from “the David we all knew, to — the governor. It sent chills.”

Considered more accepting of the legislative process than Spitzer, whose resignation took effect an hour before Paterson took the podium, the new governor said his top issues are fixing the upstate economy, making health care affordable, lowering property taxes and creating housing.

Spitzer left office after being caught in a federal investigation of a prostitution ring. The former attorney general, who had come to be disliked by many members of the Legislature, was alleged by law enforcement officials to be a repeat client of the high-priced call girls employed by Emperor’s Club VIP.

Spitzer has not publicly admitted hiring prostitutes. But in two somber press conferences last week he first apologized and later said he had failed his family and the public and would step down.

Paterson said he will focus on the future and hopes to work with the Legislature, from which he was plucked by Spitzer to be his running mate in 2006.

Republicans and Democrats alike praised his speech. Former Gov. George Pataki, recovering from recent surgery, said Paterson “set the right tone.” Governors Jon Corzine of New Jersey, Deval Patrick of Massachusetts and Jodi Rell of Connecticut also attended.
“Yesterday was yesterday. Last week has come and gone,” added Senate Majority Leader Joseph L. Bruno. He said he was cheered by Paterson and indicated he will not miss his predecessor.

“Let’s face it, there’s been tension around here for months,” Bruno said. “It’s like a new day … We are coming out of the gloom.”

“I thought he was remarkable,” said Sen. William Larkin, R-New Windsor. “You saw a new vision.”

U.S. Sen. Charles Schumer said Paterson faces “daunting” challenges but is starting off on the right foot. “You could feel and see in that chamber the good will.”

Some lawmakers said Paterson showed a willingness to put his ego aside. “This man is from the Legislature,” said Assemblyman James Tedisco, R-Schenectady.

“He’s not going to be dictatorial,” said Sen. Elizabeth Little, R-Queensbury. “He has a respect for the Legislature.”

Paterson’s wife, Michelle Paige Paterson, told reporters that although becoming governor was a surprise to him, her husband will prove his abilities.

Sen. Hillary Rodham Clinton took a break from her presidential campaign to join Paterson. He has supported her candidacy and was expected to run for her seat should she gain the White House.

“I wouldn’t be anywhere else,” she said. “I’ve got a lot of confidence in him.”

Many lawmakers chanted Paterson’s name after he took the oath of office before Judith Kaye, chief judge of the Court of Appeals.

Paterson drew laughs by poking mild jokes at all the legislative leaders.

He imitated Assembly Speaker Sheldon Silver’s deep monotone, offered to teach Tedisco, a Union College hoops star, how to play basketball, and said he would dine with Bruno as long as his taster could accompany him.

Silver said Paterson gave a “message of hope.” But he emphasized that negotiations on the next state budget, a roughly $124 billion package, will be tricky, particularly because the Senate’s budget resolution, he said, is only a political “press release” without a financial plan.

Paterson is expected to meet with legislative leaders today to discuss the budget.

Tedisco said Paterson spoke with him on Friday about the idea of developing a “bare-bones” budget for the fiscal year beginning April 1. A supplemental budget, he said, could follow later.

Bruno said that’s an option but said he believes a full budget can be done on time.

Union versus Injury Expert

By DANNY HAKIM
Published: March 10, 2008

Unions vs. Injury Expert

Labor leaders are up in arms over a new employee of Mr. Spitzer’s workers’ compensation task force, which in the coming weeks will release the details of his overhaul of the system that provides benefits for employees who are injured on the job or have work-related illnesses.

Last fall, the task force’s staff hired a well-known consultant and physician named Christopher R. Brigham to help formulate the new rules. That was a problem for the state’s powerful labor unions, because Dr. Brigham, who has offices in Maine, California and Hawaii, is also one of the country’s leading advisers to companies locked in legal disputes with workers over disability payments.

Union officials argued that Dr. Brigham’s system for evaluating workers’ injuries tended to favor lower payments than the system commonly accepted under New York labor law. They also fault the task force’s executive director, Bruce Topman, for hiring Dr. Brigham without first consulting members of the task force’s advisory committee.

“There’s been no detailed discussion on what he’s going to do, why he’s been hired, or anything else,” said Art Wilcox, an official with the state A.F.L.-C.I.O., who is on the advisory committee.

Dr. Brigham’s contract, for which his firm, Brigham Associates, will be paid $162,500, was finalized in early December.

“We didn’t know they were going to hire one of the world’s most famous defense witnesses, from Hawaii, and pay him $162,000 to push for a system that he makes money off of,” Mr. Wilcox complained.

Through a spokeswoman, Dr. Brigham declined to comment. Andrew Mais, a spokesman for the task force, said that Dr. Brigham’s hiring was appropriate and that he had disclosed to state officials any potential conflicts of interest.

“The Task Force sought to contract with an individual highly qualified for this important and specialized task,” Mr. Mais said.

The advisory committee, which includes representatives from business and labor, meets behind closed doors, which has rankled some outside groups.

Group says New Governor Should Consider Plan to Reduce Drug Prices

By JEREMY M. ROODMAN
Legislative Gazette Staff Writer

Representatives from seven organizations announced a plan to reduce the price of prescription drugs. The coalition is hopeful their suggestions will be included in the final state budget.

The coalition consisted of Robert O’ Connell and Bill Ferris of AARP, Alan Lubin from New York State United Teachers and the Business and Labor Coalition of New York, Joe McMullen from Civil Service Employees Association, Deborah Stayman from Public Employees Federation, Chuck Bell from the Consumers Union and Russ Haven from New York Public Interest Research Group.

According to AARP, the cost of brand name prescription drugs used by people who are on Medicare rose 7.4 percent in 2007, which is two and a half times the rate of general inflation. The average treatment cost went from $80 per year per prescription in 2002 and rose to $151 by 2007.

The groups say New York State can save $100 million on drug purchases by using their large purchasing power.

Reaching Out, Paterson Offers Different Tone

By NICHOLAS CONFESSORE

With sorrow, seriousness and a dollop of humor, Lt. Gov. David A. Paterson opened his first full day as governor-in-waiting Thursday, pledging his continued commitment to Gov. Eliot Spitzer’s agenda but breaking markedly with the governor’s style.

In a flurry of meetings with legislative leaders, news conferences and briefings, Mr. Paterson began quickly laying the groundwork for when he is formally sworn in as governor on Monday.

At a news conference in Albany, he said he would try to govern through consensus and declined to rule out an income tax increase, and then took questions from an overflow crowd of reporters.

And when asked whether he, like Mr. Spitzer, had ever patronized a prostitute, Mr. Paterson could not suppress his trademark dagger wit.

He paused, gave a sly smile, and answered, “Only the lobbyists.”

The tone Mr. Paterson set in his appearances was the most marked shift from Mr. Spitzer, who favored stern and high-flying oratory over self-deprecating humor.

“I kind of feel like the student who’s getting ready for the final exam but they didn’t attend any classes,” Mr. Paterson conceded Thursday morning in an interview broadcast from the Capitol on radio station WGDJ.

In his remarks to reporters, Mr. Paterson signaled that he would remain committed to most of Mr. Spitzer’s priorities, including the broad outlines of the governor’s budget plan, a push for more restrictions on campaign donations, and a $1 billion public investment fund to invigorate the upstate economy.

“I promised the governor yesterday that I would commit myself to the people of this great state, that we would have stability and continuity in those challenges that lie ahead,” said Mr. Paterson, a Democrat, at the news conference.

Unlike Mr. Spitzer, Mr. Paterson, who has favored tax increases on the wealthy in the past, did not rule out raising taxes to balance the budget for the next fiscal year, which begins April 1. The Assembly is pushing for a measure that would increase taxes on those earning more than $1 million to 7.7 percent from 6.85 percent.

Briefly addressing Mr. Spitzer’s future, Mr. Paterson, 53, said he considers the governor a close friend, adding, “In my heart I feel he has suffered enough.” He acknowledged that some people might feel that prosecutors should pursue criminal charges against Mr. Spitzer.

“That is why we have dispassionate law enforcement that looks into these situations,” he said. “We should leave it in their hands, and support them, which I do.”

In ways large and small, Mr. Spitzer’s presence at the Capitol had already begun to fade. His belongings were being packed into boxes and his office desk cleared of the family photos that once adorned it.

Christine Anderson, a spokeswoman for the governor’s office, said the staff of the executive chamber had already started to take bills to Mr. Paterson that had been awaiting Mr. Spitzer’s signature.

Mr. Paterson kept up a hectic pace of meetings with his future partners in government, including Joseph L. Bruno, the Senate majority leader, and Sheldon Silver, the Assembly speaker. Mr. Paterson consulted with the state comptroller, Thomas P. DiNapoli, on Wednesday. Mr. DiNapoli has said his office is auditing Mr. Spitzer’s travel records to determine whether he spent state money in arranging or traveling to his liaisons with prostitutes.

It was his wish to give himself time to become acclimated, Mr. Paterson said, that led him to ask Mr. Spitzer to hold off formally resigning until Monday.

“I wanted to spend today not being sworn in, or speaking, or in any way celebrating,” he said. “I wanted to come in here, meet with the legislative leaders, get back to work on some of those points where I need to be updated on where the budget process is now — do that for a few days.”

On Thursday morning, Mr. Paterson met with Mr. Spitzer’s staff members, in part to assure aides that the transition between administrations would be smooth and that there would be no wholesale housecleaning of the executive chamber.

Mr. Paterson also spoke with Mr. Spitzer on Thursday, Ms. Anderson said, and is likely to do so often as the transition progresses. Mr. Spitzer will have no formal role in Mr. Paterson’s administration, however, and is not expected to exercise his powers as governor or appear in Albany, she said.

Mr. Paterson acknowledged in his radio appearance Thursday morning that as lieutenant governor, he had not been closely involved in formulating Mr. Spitzer’s budget plan. Later in the day, he said he planned to meet all weekend with agency heads and budget officials to prepare better for the budget negotiations.

The Assembly and the Senate are already moving ahead with their own budget deliberations, and hope to have a final spending plan approved by March 31. Assemblyman Herman D. Farrell Jr., the Manhattan Democrat who heads the Assembly Budget Committee, said the Senate and the Assembly just passed their modifications to the governor’s budget plan. Meetings to iron out a compromise are to begin on Monday.

As he turns his attention to the budget, aides said the incoming governor would retain key members of Mr. Spitzer’s staff, including the budget director, Laura L. Anglin, and Paul Francis, the director of operations.

The two had been working together to control state spending and find new sources of revenue in the face of a projected $4.4 billion budget gap.

Several other Spitzer aides seem likely to stay, at least for now. They include Sean Patrick Maloney, the first deputy secretary to the governor; Bruce Gyory, a senior adviser; and Mr. Spitzer’s press team, headed by Ms. Anderson.

Speaking with reporters, Ms. Anderson said there would be relatively few resignations.

But members of Mr. Spitzer’s tight-knit inner circle are likely to depart when the governor does. Richard Baum, Mr. Spitzer’s top aide and gatekeeper, has already submitted his resignation. He will be replaced by Mr. Paterson’s chief of staff, Charles J. O’Byrne, who met Thursday with members of Mr. Spitzer’s executive staff.

Lloyd Constantine, Mr. Spitzer’s close friend, mentor, and adviser, has already submitted a letter of resignation, although he will continue to assist the transition.

Some of those likely to depart are aides Mr. Spitzer brought with him from the attorney general’s office whom some legislators blamed for Mr. Spitzer’s combative approach to governing in his early months in office.

Changes in staff are not the only ones Mr. Paterson is likely to make. He did not make a commitment to voluntary limits on his own campaign fund-raising, as Mr. Spitzer did when he became governor. Asked whether he would support Mayor Michael R. Bloomberg’s proposal for congestion pricing to regulate traffic in Manhattan, Mr. Paterson said only that he would take a look at it.

But in some areas, Mr. Paterson seemed more inclined to revise Mr. Spitzer’s rhetoric rather than his policies. Speaking of campaign finance reform, Mr. Paterson did not, as the governor did, pledge to visit the districts of uncooperative lawmakers and publicly lambaste them. Instead, he spoke of trying to reach a consensus with the Senate and Assembly on lowering campaign limits.

“We want to not dictate campaign finance,” Mr. Paterson said. “We want to really persuade legislators that it really is the root of a lot of the dysfunction we have in Albany.”

David Paterson will become Governor

This has been a strange week, to say the least. The silver lining in the sad events that have unfolded this week is that David Paterson will become Governor. On Monday, when Lt. Governor Paterson takes the oath of office and becomes Governor of New York State, we will have a Governor who has a long record of championing progressive issues in New York.

David Paterson has enormous legislative and political experience, and a track record on some of our top issues. He is a long-time champion of Clean Elections – full public funding of campaigns. As a State Senator and as Senate Minority Leader, Paterson was the prime sponsor of Clean Elections legislation. Click to read articles mentioning his support of Clean Elections in Newsday and Crains.

Paterson has long been a proponent of Rockefeller Drug Law reform and has maintained his anti-Death Penalty position. As Senate Minority Leader David Paterson was one of our most consistent allies on school funding reform. His support for public education has not wavered.

He has provided leadership as Lt. Governor on health care, with the stem cell research initiative, development of a statewide plan for renewable energy, and efforts to combat domestic violence. He has worked to bring economic development to every part of the state.

Paterson has shown his ability to stay true to his values and ideals, even when working across partisan lines to get things done. We expect he will be firm in fighting for the needs of working people in New York State.

Citizen Action of New York looks forward to working with our new Governor on the issues that matter most to our members and activists, and that will benefit the working families of New York.

Karen Scharff & Richard Kirsch
Executive Directors

NY Unions: Membership on the Rise

The U.S. Labor Department reported that the percentage of unionized workers jumped 3 points to 25.2% in New York—the highest in the nation.

By: Daniel Massey

Labor union membership in New York State rose last year as union leaders stepped up organizing efforts.

The U.S. Labor Department reported that the number of unionized workers jumped almost a full percentage point to 25.2% in New York—the highest share in the nation.

In 2007, 2.1 million workers in the state belonged to unions, up from two million the year before. An additional 91,000 workers were covered by collective bargaining agreements, but were not union members themselves. The rise follows a period between 2005 and 2006 where membership in the state fell 5%.

“Our unions are organizing on a scale they never have before,” says Greg Tarpinian, executive director of Change to Win, a federation of seven unions representing six million workers. “There’s a lot of organizing going on in health care, in building services, in food service.”

Department of Labor Regional Commissioner Michael Dolfman says the jump resulted in part from an executive order signed by Gov. Eliot Spitzer that paved the way for unions to organize 60,000 child care workers across the state. Among them were 28,000 home-based child care providers in New York City who joined the United Federation of Teachers last December.

“Even with the fact that it’s very difficult to organize, there still is an increase,” says New York State AFL-CIO President Denis Hughes. “It shows that there’s a pent-up will for people to be represented in the workplace, to have a democratic voice in the workplace.”

Union leaders say the National Labor Relations Board’s election process is stacked against workers, sparking a need to organize creatively through legislative and other means, such as the child care campaign.

“If we use the law that was originally passed to give workers the right to join unions, we’d lose more often than not” says Mr. Hughes. “So we’re forced to look at different ways to approach it.”

New York has more than four times as many union members as Texas, despite having 1.7 million fewer workers.

Nationally, union membership rose by 311,000, to 15.7 million, or 12.1% of the workforce. Membership declined in 27 states, including New Jersey and Massachusetts.

Coalition of Consumer, Business, Union and Advocacy Groups Call for Increased Rx Affordability and Accessibility

A Final State Budget Must Include Prescription Drug
Marketing and Purchasing Reform

ALBANY, NY – An unprecedented alliance that includes AARP, NYSUT, BALCONY, CSEA, PEF, Consumers Union, NYPIRG and the Center for Medical Consumers called on state elected officials and leaders to make prescription drugs more affordable and accessible to New Yorkers through marketing and purchasing reform.

Among the proposals supported for inclusion in a final state budget are a prescription drug card, bulk purchasing, and an Rx prescribing educational program known as “academic detailing.” AARP’s Public Policy Institute report released last week shows drug companies have substantially raised prices on 220 brand name prescription drugs. The Rx Watchdog report found that prices of brand name drugs rose an average of 7.4 percent in 2007 – nearly two and a half times the rate of general inflation.