City & State Magazine, April 23rd Edition by City & State

SPECIAL ISSUE

April 21, 2014

State

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CONTENTS April 21, 2014 7...............

CITY

De Blasio’s first 100 days: 3 successes, 3 failures By Nick Powell 9............... The push for municipal ID cards By Seth Barron 10..............

EDUCATION

Chancellor Fariña’s vision for accountability By Sarah Darville 11..............

HEALTHCARE

This gym class brought to you by our sponsor By Annie Wu 12.............

LABOR

How unions fared in the state budget By Nick Powell 14.............

ALBANY POWER 100

City & State’s annual list of the hundred most influential people in Albany politics 36.............

NEW YORK STATE’S TOP 10 LOBBYISTS

49.............

SPOTLIGHT: ENVIRONMENT

50............. Reforming the state’s Brownfield and Superfund programs By Wilder Fleming

52............. How de Blasio is continuing Bloomberg’s environmental agenda By Azure Gilman 54............. Q&As with Paul Tonko, Judith Enck, Joe Martens, Kathryn Garcia and Donovan Richards 58............. A victory for Buffalo’s water quality By Dan Tevlock 60.............

PERSPECTIVES

Michael Benjamin on the “powerful” black caucus…Alexis Grenell on Rev. Al Sharpton…and Senate Minority Leader Andrea Stewart-Cousins on women’s equality 62.............

A Q&A with Montreal Mayor Denis Coderre

CITY AND STATE, LLC Chairman Steve Farbman President/CEO Tom Allon tallon@cityandstateny.com cityandstateny.com

Art Director Guillaume Federighi gfederighi@cityandstateny.com

PUBLISHING

EDITORIAL

Publisher Andrew A. Holt aholt@cityandstateny.com

Editor-in-Chief Morgan Pehme mpehme@cityandstateny.com

Vice President of Advertising Jim Katocin jkatocin@cityandstateny.com

Albany Bureau Chief Jon Lentz jlentz@cityandstateny.com

Marketing Graphic Designer Charles Flores, cflores@cityandstateny.com

Events Manager Dawn Rubino drubino@cityandstateny.com

City Hall Bureau Chief Nick Powell npowell@cityandstateny.com

Illustrator Danilo Agutoli

Government Relations Sales Director Allison Sadoian asadoian@cityandstateny.com

Reporter Matthew Hamilton mhamilton@cityandstateny.com

Business Manager Jasmin Freeman jfreeman@cityandstateny.com Distribution Czar Dylan Forsberg

Associate Editor Helen Eisenbach mhamilton@cityandstateny.com Multimedia Director Michael Johnson mjohnson@cityandstateny.com

Graphic Designer Michelle Yang myang@cityandstateny.com

Columnists Alexis Grenell, Bruce Gyory, Nicole Gelinas, Michael Benjamin, Seth Barron, Steven M. Cohen, Susan Arbetter

city & state — April 21, 2014

Cover : Typography Guillaume Federighi

61 Broadway, Suite 2825 New York, NY 10006 Editorial (212) 894-5417 General (646) 517-2740. Advertising (212) 284-9712 advertising@cityandstateny.com

BACK & FORTH

MOVING FORWARD T

city & state — April 21, 2014

his issue of City & State marks both my By Morgan Pehme 50th as editor and Editor-In-Chief my two-year anniversary at the publication. During this time period we have moved from a newspaper to a magazine format and redesigned our look; launched our popular afternoon email, Last Read; created City & State TV; produced The Five Borough Ballot e-book; dramatically overhauled our website; opened a full-time Albany bureau; and hosted over two dozen fascinating and enjoyable events, including the very first of the gazillion New York City mayoral forums, a memorable night of State Senate and Assembly debates in Buffalo, and of course an event that attracted national coverage: candidate stickball. And then there were those 500 mornings of First Read. I have also been privileged to be the first to read so many thoughtful and penetrating articles, like Jon Lentz’s deep dive into the Long Island Power Authority’s struggles; M a t t h e w Hamilton’s review of the SAFE Act one year later; and Nick Powell’s telling of former Senate Majority Leader Joe Bruno’s ongoing legal saga. Just last week, Nick Powell was recognized with a New York Press Association award for a tremendous investigative piece he did on Nassau County Executive Ed Mangano in June. In all, City & State took home four NY Press Association awards this year, including for best coverage of elections and politics, our Art Director Guillaume Federighi’s stunning work, and the minidocumentaries Michael Johnson and I made on the 10 greatest mayors in New York City history. On the heels of this recognition, City & State is pleased to announce that Michael Johnson has been promoted from our multimedia director to managing editor. In his new role as the marshal of our editorial staff, Michael, the brains behind City & State TV and the former executive producer of YNN’s Capital Tonight, will apply his technical know-how and intuitive grasp of the future of media to hasten City

& State’s transformation into a cutting-edge 21st century media outlet that seamlessly integrates its coverage across its print, digital and video platforms. In conjunction with Michael’s promotion, we have hired two terrific new reporters: Wilder Fleming and Azure Gilman. Wilder, who most recently was a fellow at The New York World, comes aboard C&S as our policy reporter, a newly created position aimed at growing our coverage of industry areas of great interest to our readers, including healthcare, labor, energy, infrastructure and education. Azure, who worked previously as a research assistant to legendary investigative journalist Wayne Barrett, joins C&S’ City Hall bureau, where she will cover New York City politics and city-centric policy and industry stories. Along with these hires, we are also adding two enormously well-respected columnists: Gerson Borrero and Jim Heaney. Gerson, who will produce both print and video content for C&S, is a commentator on NY1 and NY1 Noticias, the former editor-in-chief of El Diario, and the venerable dean of New York City’s Latino media. Jim Heaney, a former l o n g t i m e i nve s t i g a t i ve reporter for The Buffalo News, joins our editorial family through a new partnership b e t w e e n C&S and I nve s t i g a t i ve Post, the nonprofit news website Heaney founded two years ago. Through Heaney’s twice-a-month column and the Investigative Post’s stories, we will be greatly augmenting our coverage of Western New York and our state’s cross-border relationship with Canada. Gerson and Jim will be in good company among our already staggering array of top-notch columnists: Susan Arbetter, Nicole Gelinas, Alexis Grenell, Michael Benjamin, Jeff Smith, Seth Barron, Bruce Gyory and Steven M. Cohen. All of these developments fill me with optimism as I embark upon my third year at City & State. As momentous and exciting as these last two years have been, I promise you, dear readers and viewers, that what we have in store for you for the rest of 2014 and beyond will take you even deeper inside New York politics and farther than we have ever gone before. Stay tuned and keep reading.

Letters to the

ABOVE & BEYOND

SPOTLIGHT: TRANSPORTATION AND INFRASTRUCTURE

25 WOMEN OF PUBLIC AND CIVIC MIND

March 24, 2014

Editor CIT YANDSTATENY.COM

@CIT YANDSTATENY

City & State City Hall Bureau Chief Nick Powell’s cover story in the March 24 issue delved into the enforcement process of the New York City Campaign Finance Board and some of its more controversial decisions, such as the denial of matching funds to the mayoral campaign of former City Comptroller John Liu. Reasonable people can disagree over the Campaign Finance Board’s decision to deny former City Comptroller John Liu public matching funds in the 2013 mayoral election. I thought the Board had made a mistake in not leaving the comptroller’s fate to the voters, not to a lack of funds. And I told them that. But what one cannot deny is the very wholesome effect that the CFB and public funds have had on New York City politics since 1988, when the program was created. Among those effects: reducing the influence of those doing business with the city by greatly (and constitutionally) reducing the size of contributions that such people can make; increasing public participation in elections by creating incentives for New York City residents to contribute, many making smaller contributions; insuring that the candidates debate; greatly increasing public information on candidates’ spending and fundraising practices; and, over time and in concert with other factors, helping elect more people who reflect the diversity of New York to city government. It’s true that the CFB is as popular with many elected officials as is the IRS with the public. That’s inevitable. No one enjoys being regulated, especially when down the block is a model of dysfunction on campaign enforcement: the City Board of Elections. If the lawyers quoted in your post have legitimate beefs, the Council will address them as it has in the past. I have participated in every postelection review of the CFB since 1989. Their auditing and enforcement powers have been studied closely and often changed. As you note, there’s a tension: how to help candidates participate fully in the public funds program versus how to insure those public funds are correctly and fairly spent. Most of the time the Board gets it 100 percent right. Sometimes it’s less successful. —Gene Russianoff, staff attorney for the New York Public Interest Research Group’s Straphangers Campaign (via cityandstateny.com) To have your letter to the editor considered for publication, leave a comment at www.cityandstateny.com, tweet us @ CityAndStateNY, email editor@cityandstateny.com or write to 61 Broadway, Suite 2825, New York, NY 10006. Letters may be edited for clarity or length. cityandstateny.com

Congratulates Evan Stavisky on Being Named to the Albany Power 100

24 WINNER OF

AWARDS

THE PARKSIDE GROUP is proud to have earned Gold Medals from both the American Association of Political Consultants and Campaigns & Elections magazine for our direct mail in the 2013 election cycle.

P U B L I C R E L AT I O N S

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A DV E RT I S I N G

G OV E R N M E N T A F FA I R S

C A M PA I G N M A N A G E M E N T

4/22/14 10:46 AM

FAKE TWEETS

First there was El Bloombito, but now de Blasito speakos el español at Ciudad Hall. Parody Twitter accounts exist for a variety of high-level politicians and they range from the light-hearted (Bill de Blasio’s Spanish-speaking alter ego) to the somewhat nastier (King Andrew Cuomo). Here’s a look at some top New York politicians who have alternate personalities on Twitter.

Fake Sheldon Silver @ShellySilver The most powerful man in New York state.

TOP TWEETS Like my great predecessors Speakers Heck and Weprin, I’ll be leaving this chamber feet-first. Here’s to another 20 years of leadership. ••• With all due respect, why would Mario’s Kid name the Mario Cuomo Bridge after a Marxist folk singer?

city & state — April 21, 2014

Not Dean Skelos @deanskelos

Fake Merryl Tisch @FakeMerrylTisch Le Gran Fromage, Chancellor of NY State Board of Regents TOP TWEETS @sullio @perdidostschool @leoniehaimson I own Common Core, and @NYGovCuomo too. Don’t forget who is gran fromage here. ••• @practigal @GreyGoose I felt I looked thoughtful. I made sure to say almost nothing and let Kingsie talk. That way he gets all the blame.

Faux Marty Golden @fakemartygolden

The 2nd or 3rd most powerful man in New York State.

A parody of the official twitter account of State Senator Martin Golden. (R-C-I, Brooklyn).”

TOP TWEETS Couldn’t agree more with the Moreland Commission. We can fight corruption by repealing the Open Meetings Law. ••• @senatorlavalle You’re officially out of the Independent Republican Conference. #consbeforekids @JeffKleinNY

TOP TWEETS My advice for @repmichaelgrimm: “Leave the gun. Take the cannoli.” ••• Woof woof! RT @SenMartyGolden: Keep track of prescription drugs in your home. Pay attention to any code words like “dog food” for heroin.

King Andrew Cuomo @KingAndrewCuomo Profile Description: King of NY Nannystate, Career Dictator, Living in Sin, Showing Kim John Un how it’s done! Blocked TOP TWEETS @CuomoWatch Nobody understands My magnificent beneficence.

Bill de Blasito @billdeblasito Official-Unofficial Bill de Blasio parody account. DMzFXVSw.... Much Gracias. New Yorko. facebook.com/ billdeblasito TOP TWEETS don’t make me mado si tu quiere see el snowo plowo

cityandstateny.com

EARLY MONTHS OF DE BLASIO ADMINISTRATION SHOW MIXED SUCCESS By NICK POWELL

n 2002, 100 days into what would eventually be three terms in office, former mayor Michael Bloomberg gave a speech much like the one Mayor Bill de Blasio delivered on April 10—a recap of his first three months in office, and a blueprint for his political agenda. “What did I do in the first 100 days?” Bloomberg asked during the speech. “I think the answer is, I got ready for the next 1,000.” In some ways de Blasio has done the same, especially in pushing his vaunted universal pre-K program—an initiative where the benefits likely will not be seen for many years. In fact, many argue that de Blasio has focused too much on big picture items at the expense of more urgent matters. But consider the first 100 days in office a crash course of sorts for de Blasio. He received a lesson in managerial minutiae in dealing with

snow cleanup; he experienced his fair share of “gotcha” moments with the media; and he was schooled in the rules of Machiavellian politics by his “dear friend” Gov. Andrew Cuomo. There were a fair share of early successes to go with these missteps, however—a number of which we take the opportunity to recap below. SUCCESSES (1) Receiving $300 million from the state to fund his universal pre-K program. From day one Mayor de Blasio went to work pursuing his signature campaign promise to establish a full-day universal pre-K program for all 4-year-olds, coupled with an after-school program for middle

Mayor Bill de Blasio satisfied one of his foremost campaign pledges by securing $300 million for universal pre-K.

By Stuart Appelbaum, President, Retail, Wholesale and Department By Stuart Appelbaum, President, Store Union, RWDSU, UFCW Retail, Wholesale and Department Store Union,

RWDSU, UFCW n April 16, hundreds of car wash workers and community and worker n April 16, hundreds of activists car washjoined workers and together at Guttman College in Manhattan for community and worker activists joined the Second Annual Car Wash Workers Assembly. The together at Guttman College in Manhattan for workers gathered celebrate the successes of the the Second AnnualtoCar Wash Workers Assembly. The two-year old WASH NY campaign – including winning workers gathered to celebrate the successes of the union elections at eight New York–City car washes two-year old WASH NY campaign including winning and ratifying six union contracts that include wage union elections at eight New York City car washes and benefit improvements. The carwasheros also and ratifying six union contracts that include wage celebrated a $3.9 million settlement between the and benefit improvements. The carwasheros also state and car wash kingpin John Lage and one other operator over unpaid celebrated a $3.9 million settlement between the wages, $2.2 million of which will be divided between car wash workers state and car wash kingpin John Lage and one other operator over unpaid whose wages were stolen. wages, $2.2 million of which will be divided between car wash workers The WASH NYstolen. campaign – which is supported by community groups whose wages were Make The the Road New York and New YorkisCommunities Change, and the WASH NY campaign – which supported byfor community groups RWDSU – has struck a chord with New Yorkers because it embodies the Make the Road New York and New York Communities for Change, and the most pressing issues afacing today. RWDSU – has struck chordworkers with New Yorkers because it embodies the It’s why every city-wide elected official in New York City, along with most pressing issues facing workers today. State Attorney General Eric Schneiderman, on hand thealong assembly, It’s why every city-wide elected officialwas in New York at City, with and why the event was covered by major city media organizations. State Attorney General Eric Schneiderman, was on hand at the assembly, Mayor Bill dewas Blasio summed it up when he addressed the brave and why the event covered by major city media organizations. carwasheros who have inspired so many. Mayor Bill de Blasio summed it up when he addressed the brave “This iswho parthave of a bigger fight,” he said. “This is the progressive city carwasheros inspired so many. that we will built together.” “This is part of a bigger fight,” he said. “This is the progressive city The are standing up for all low-wage workers in New that we willcarwasheros built together.” York City. They are making statement nolow-wage matter what you do for a The carwasheros areastanding up that for all workers in New living, no matter how long you and others like you have been exploited, York City. They are making a statement that no matter what you do for a and regardless yourlong documentation status, you have deserve to exploited, be treated living, no matterofhow you and others like you been like a human being. You deserve the opportunity to earn fair wages and and regardless of your documentation status, you deserve to be treated to have your voice heard at work. Your tips, your wages, and your dignity like a human being. You deserve the opportunity to earn fair wages and – these are rightfully cannot be stolen from to havethings your voice heard atyours work.and Your tips, your wages, andyou. your dignity – The carwasheros have stood up for themselves by banding these things are rightfully yours and cannot be stolen from you. together and winning a union voice with the up RWDSU. They’ve proven that when The carwasheros have stood for themselves by banding together they join together, workers in New York City can improve their jobs and and winning a union voice with the RWDSU. They’ve proven that when change their lives. they join together, workers in New York City can improve their jobs and The campaign change their lives. continues to roll forward. Progress is being made on the legislative front, where the Car Wash Accountability Actbeing – sponsored The campaign continues to roll forward. Progress is made on by City Council Speaker Melissa Mark-Viverito – would implement the legislative front, where the Car Wash Accountability Act – sponsored important environmental and consumer protections in implement the largely by City Council Speaker Melissa Mark-Viverito – would unregulated car wash industry. important environmental and consumer protections in the largely The Second Annual Car Wash Workers Assembly showcased the unregulated car wash industry. powerThe thatSecond New York’s workers have Workers to change an entireshowcased industry. They Annual Car Wash Assembly the are on the front line of the fight against obscene income inequality, which power that New York’s workers have to change an entire industry. They has made life a struggle to survive for too many New Yorkers. The are on the front line of the fight against obscene income inequality, which carwasheros living proof that we inThe the lives of has made lifeare a struggle to survive forcan toomake manyreal Newchange Yorkers. working people. carwasheros are living proof that we can make real change in the lives of

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working people.

Visit us on the web at Visit us on the web at www.rwdsu.org

www.rwdsu.org cityandstateny.com

CIT Y

Car Wash Assembly Showcases the Power Showcases the Power of NYC’s Workers of NYC’s Workers

city & state — April 21, 2014

CIT Y

DE BLASIO’S FIRST 100 DAYS: 3 SUCCESSES, 3 FAILURES

Perspective Our Perspective Our Car Wash Assembly

(2) Expanding paid sick leave. To be sure, de Blasio received a big assist from the newly progressive City Council on this one. New Speaker Melissa Mark-Viverito made expanding paid sick leave her first legislative priority, pushing it across the finish line after the previous Council, galvanized by former Councilwoman Gale Brewer, laid the foundation for the current law by passing a more watered down version in 2013. Still, de Blasio deserves an ample share of the credit, in part because he played a huge behind-the-scenes role in making Mark-Viverito Speaker, giving him a solid ally in moving progressive legislation. The questions regarding paid sick leave now become to what extent will employers ignore the law and how aggressively will the city enforce it? (3) Ending stop-and-frisk lawsuit; naming an inspector general for the NYPD. One of the successes of the Bloomberg administration was that New York City had never been safer than under his watch. An unfortunate by-product of that safety was the disproportionate number of minorities who were stopped and frisked by the New York Police Department, a tactic which sparked an outcry that led to the Community Safety Act, and subsequently the establishment of an inspector general for the NYPD. On this particular issue Mayor de Blasio fulfilled his campaign promise to curb the unconstitutional use of stopand-frisk by ending a lawsuit filed by Bloomberg challenging a federal court ruling against the controversial practice. De Blasio also made, by all

ED REED

CIT Y city & state — April 21, 2014

school students. He did so through campaign style crowdsourcing, establishing, along with consulting firm BerlinRosen, the UPKNYC nonprofit to drum up support from business and labor leaders, as well as elected officials. De Blasio also staunchly advocated for a proposed tax hike on high-income earners to pay for the $500 million program, a severe political miscalculation given Gov. Cuomo’s intransigence on raising taxes during an election year. In the end, the mayor got a chunk of the money he requested—enough to establish the pre-K component starting in September—but received no funding for after-school and vague promises that the pre-K money would be recurring over the next five years. It was a victory of sorts, but one that expended much needed political capital in Albany.

Mayor de Blasio has stumbled at times in dealing with the media. accounts, a solid hire for the inspector general position, tapping Philip Eure, who led the Office of Police Complaints in Washington, D.C. Whether Eure’s looming presence over the NYPD leads to tangible results in the conduct of police officers remains to be seen, but public safety advocates believe these moves are steps in the right direction.

FAILURES (1) Underestimating the charter school lobby. Mayor de Blasio campaigned on a moratorium for charter school co-locations and charging rent for charter schools in public spaces, as well as not letting Success Academy (and staunch Bloomberg ally) CEO Eva Moskowitz “have the run of City Hall”—words that came back to bite him. De Blasio denied Success three co-locations (he approved five other Success charters), forcing Moskowitz to run to her buddy in Albany, Gov. Andrew Cuomo—a recipient of many charter-affiliated campaign donations—who undercut de Blasio by pledging to “save charter schools” and enacting legislation that stripped the mayor of the power to deny co-locations. Meanwhile Moskowitz and her charter cohorts ran $5 million

worth of ads attacking de Blasio for his charter school position, forcing de Blasio to strike a more conciliatory tone, effectively conceding defeat on the issue. Between losing the charter battle and receiving only a chunk of the pre-K money he requested, de Blasio’s education agenda took a hit in his first 100 days. (2) A lack of urgency on Superstorm Sandy recovery. The lackluster Sandy recovery effort has been perhaps the de Blasio administrations most egregious failure in terms of governance thus far, if only because the mayor was well aware even before he took office of the slow pace of rebuilding and recovery. Sandy hit in October of 2012, and de Blasio has toured areas destroyed by the storm numerous times. Why, then, did it take three months for his administration to name its own Sandy recovery team? Why has the Build It Back program yielded construction of a mere six new homes despite having 20,000-plus applicants? Where is the resiliency plan to prevent the destruction from another “100 year” storm? The mayor released a more comprehensive Sandy recovery plan on April 17 that included an accelerated timetable to step up the pace of the recovery effort, but for the thousands of displaced homeowners in the city, these efforts came over 100 days late.

(3) Media mishaps. In fairness to de Blasio, nearly every new mayor has experienced his fair share of growing pains in navigating the gauntlet that is the New York City press corps. However, the mayor has been less than transparent on several seemingly minor issues, giving relatively meaningless stories extra legs when simply being forthright in answering questions would have served him best. Specifically, de Blasio took a beating when, days after announcing his Vision Zero plan for traffic safety, the mayor was caught speeding in his police escort. De Blasio exacerbated the issue by initially dodging questions about the incident. The administration has also seemingly been stonewalling efforts by the media to find out what exactly happened when de Blasio placed a call to a police precinct inquiring about the arrest of clergyman Orlando Findlayter, a member of the mayor’s transition team. By not responding swiftly to Freedom of Information requests, and giving vague information about the call, de Blasio has fed an appearance of impropriety. The mayor has also taken to doing media pools for some of his public events, a move that irks many in the press. At times De Blasio has taken a somewhat condescending tone with reporters, as well—something his predecessor turned into an art form—though that offense is perhaps more forgivable. cityandstateny.com

COUNCIL WATCH:

OUT OF THE SHADOWS

s the initial step of a legislative program that seeks to expand the vote to noncitizens residing in New York City, Mayor Bill de Blasio and Speaker Melissa Mark-Viverito are fast-tracking a bill to establish a municipal ID card that will be available to all residents of the city, regardless of their legal status in the United States. Advocates for the bill, Intro 253, contend that a great many people in the five boroughs are living in the proverbial “shadows” because they lack official forms of identification. Sonia Medrano of New York Communities for Change (the successor organization to ACORN) avers, “For too long, hardworking people who have deep ties to our neighborhoods and communities have not been able to prove their identity, let alone have access to basic and critical services.” The municipal ID card will cure this defect by allowing freer access to official identification. However, it is a curious feature of the law that, in order to prevent fraud, one must present identification in order to obtain the proposed ID card. In fact, the list of forms of identification that must be presented, in some combination yet to be determined, is so extensive that it begs the question of why anyone who already possesses “a U.S. or foreign passport; a U.S. driver’s license; a U.S. state identification card; a U.S. permanent resident card; a consular identification card; a photo identification card with name, address, date of birth, and expiration date issued by another country to its citizens or nationals as an alternative to a passport for re-entry to the issuing country; a certified copy of U.S. or foreign birth certificate; a Social

cityandstateny.com

would want to get a card that is clearly intended as documentation for the underdocumented. The question of entry to schools comes up frequently—although in response to a query to the Department of Education, spokeswoman Marge Feinberg insisted that possession of identification to visit a school is not mandatory, contrary to received opinion. “You may be under the idea that parents need to show identification to visit their children in school,” says Feinberg. “The principal knows the parents, so all that is required is to sign in at the security desk, and then they call the principal’s office to let them know a parent would like to visit.” As for applying to jobs, it is unclear that municipal identification would make much difference to people looking for work. According to federal law, prospective employees must present proof of identity and authorization to work; a municipal or even state-issued ID card is not sufficient. It may be the case that there are a lot of job seekers who have proof of work authorization such as a birth certificate, a Social Security card, a Native American tribal document, etc., but who lack photo ID; however, for those people, getting a New York State nondriving ID card through the Department of Motor Vehicles costs $10, with substantial discounts for people over 62 or on disability. Someone who is ineligible to work in the United States will not become eligible once they possess a municipal ID card. An “undocumented” individual looking for a job will either have to find an employer who is willing to violate federal law and hire them off the books, or use the identity of an eligible person—which, of course, constitutes identity fraud. Access to banking is another presumed problem that advocates aim to solve through the introduction of municipal ID cards: Immigrants tend to have higher rates among the “unbanked,” and illegal immigrants are higher still. However, banks currently allow anyone with a Taxpayer Identification Number to open a bank account, and the IRS will issue an ITIN to anyone upon request. A key feature of the proposed law broadens its applicability to

another population that is reputedly underserved by the current system. Transgender people, according to their advocates, are burdened by an unfair and onerous system that requires them to get a letter from a doctor or psychologist before the DMV will allow them to change their designated gender on their state-issued ID cards. Municipal ID cards would allow applicants to self-designate their gender without getting a note from a professional, a freedom that may be estimable for the few thousand New Yorkers it would impact, but one wonders why it would be necessary to institute a citywide program solely to address it. It is not too much of a stretch to conclude that the real reason behind the introduction of the ID bill is to lay the groundwork for the introduction of noncitizen voting. Last year Councilman Daniel Dromm, the other co–prime sponsor of Intro 253, introduced a bill to allow all city residents to vote in municipal elections. The bill, which the mayor has nominally opposed, has not yet been reintroduced, though Dromm’s office confirmed that it is on deck. Menchaca acknowledged that there is a “network of opportunity” between the municipal ID bill, the expanded practice of participatory budgeting and the ultimate introduction of noncitizen voting. “We want to have a conversation about access to power and representation,” said the councilman. Noncitizen voting in city elections, as detailed in City & State last fall, would have the effect of massively and suddenly shifting the demographics of voting in a number of electoral districts—frequently, though not always, in the favor of incumbents. Resident ID cards, in this light, are a stealthy maneuver to get future voters lined up and registered in preparation for noncitizen voting. Otherwise, what is the point of issuing these pointless documents?

Seth Barron (@NYCCouncilWatch on Twitter) runs City Council Watch, an investigative website focusing on local New York City politics.

city & state — April 21, 2014

SETH BARRON

Security card; a national identification card with photo, name, address, date of birth, and expiration date; a foreign driver’s license; a U.S. or foreign military identification card; a current visa issued by a government agency; a U.S. Individual Taxpayer Identification Number (ITIN) authorization letter; an Electronic Benefit Transfer (EBT) card; or any other documentation that the mayor’s office of operations deems acceptable” would require a municipal identification card. Actual numbers of how many people in New York City have no source of identification are hard to come by. The Brennan Center at NYU conducted an oft-cited survey in 2006 that concluded that as much as 11 percent of the voting-age citizen population of the United States lacks “unexpired” government-issued identification. However, a 2008 study by American University’s Center for Democracy and Election Management, which used a broader sample, found radically lower numbers of citizens without photo ID: In Indiana, for example, only 0.3 percent of registered voters did not possess photo identification. The Brennan Center’s metric based on unexpired driver’s licenses skews its findings by not accounting, for instance, for nondrivers or people who have neglected to renew their license in time: Most states, after all, offer generous grace periods before licenses become invalid. The push for municipal identification cards has centered on places such as New Haven, Oakland and Los Angeles that have very high immigrant populations, including many “undocumented” people who do not have legally valid forms of identification. This lack, according to Councilman Carlos Menchaca, co– prime sponsor of the bill, impacts the ability of city residents to enter school buildings, apply for jobs or obtain banking services. Menchaca says of the proposed municipal ID: “This is a card for every New Yorker: seniors, LGBT people, nondrivers like me who ride bikes. We are having conversations to build out the cool factor; we want to take everyone into consideration.” Cool factor aside, it is hard to imagine why the vast majority of New Yorkers who already have state-issued IDs

E D U C AT I O N

A VISION FOR ACCOUNTABILITY

100 DAYS IN, SCHOOLS CHANCELLOR CARMEN FARIÑA LOOKS AHEAD

city & state — April 21, 2014

fter 100 days of running the city school system, New York City Schools Chancellor Carmen Fariña took stock earlier this month, repeating her commitment to making teachers and principals feel respected and previewing changes to the Bloomberg-era system of school accountability. She also unveiled new initiatives aimed at the city’s more vulnerable students, including a new science and technology program for English Language Learners and the doubling of programs meant to curb summer learning loss for low-income students. Her remarks, delivered April 12 at Teachers College, rarely departed from the themes she has focused on since Mayor Bill de Blasio chose her as chancellor. She championed a number of what she called “amazingly simple” solutions centered on forcing people to solve problems by talking to one another. “We don’t need to cook up some secret sauce for success,” Fariña said. Looking ahead, Fariña offered some specifics about how the Department

of Education will enact de Blasio’s campaign promise to eliminate the city’s system of assigning letter grades to schools. She twice said the current system can be “arbitrary,” citing the 75 schools that earned a C, D or F on their progress report despite their students scoring above average on state exams. Those reports weigh student progress more heavily than overall achievement, and were a centerpiece of the Bloomberg era of school accountability. That system was designed to more equitably measure the success of both typically highachieving and low-achieving schools, but it also often distressed schools where students do well but don’t meet the city’s progress targets. In her speech Fariña promised the grades will be replaced by a report that includes “qualitative measures,” something even the architects of the existing system acknowledged was necessary last year. “Accountability must occur in a way that’s conducive to achieving results, because you don’t reach historic

heights for kids when morale in our system has plummeted to all-time lows,” Fariña said. The most visible education initiative in Fariña’s first 100 days has been the mayor’s own push to secure funding for an ambitious prekindergarten expansion, which has been largely directed by City Hall. Fariña praised the pre-K effort, pointing to one classroom she visited where fouryear-olds were tackling the word “carnivorous.” “But make no mistake: Our efforts to provide every child with an excellent education do not stop here,” she added. That begins with making sure that what teachers are doing is aligned with the Common Core learning standards, she said, which will improve student achievement. For all of her alignment with the mayor’s pre-K vision, Fariña’s speech revealed one continuing distinction from her boss: She refuses to say the school system she runs is “falling short” or “failing.” De Blasio has been much more

Schools Chancellor Carmen Fariña joined Mayor Bill de Blasio on a visit to a prekindergarten class this month. Fariña refuses to say the school system she runs is “falling short.”

direct in saying he believes the city’s schools aren’t up to par. “We need to be able to say that despite the good efforts of so many, the school system is still broken in so many ways,” the mayor said in his own education speech three weeks earlier, just one block from Teachers College. Fariña spent little time addressing the charter school space controversy that had led to de Blasio’s speech, though she noted that the city was committed to working with all of its students. “Space sharing has often been distorted as an us-versus-them battle, particularly between district and charter schools,” Fariña said. “We seek progress by getting out of headquarters, inside schools and to the bottom of problems.” The chancellor announced that she was working with universities in the city to forge partnerships with district schools, though she didn’t say what those partnerships would provide. To help low-income students, the city is looking to double the number of spots available in Summer Quest, a program designed to keep kids reading. (Last year that program was not shown to have an impact on summer learning loss, however.) Fariña also announced that the department’s Division of Students with Disabilities and English Language Learners will be renamed the Division of Specialized Instruction and Student Support, and that the city would be launching a new science, technology, engineering and math initiative specifically for bilingual students. “These are the types of programs that will help level the playing field,” Fariña said.

Chalkbeat New York is a nonprofit news organization covering educational change efforts in the communities where improvement matters most. The Chalkbeat network has bureaus in New York, Colorado, Indiana and Tennessee. Its mission is to inform the decisions and actions that lead to better outcomes for children and families by providing deep, local coverage of education policy and practice. Visit ny.chalkbeat.org for more information. cityandstateny.com

ROB BENNETT/OFFICE OF MAYOR BILL DE BLASIO

By SARAH DARVILLE from CHALKBEAT NEW YORK

NEW YORK CITY SCHOOLS MAKE A PLAY FOR CORPORATE SPONSORSHIP OF ATHLETICS ANNIE WU from THE NEW YORK WORLD

H E A LT H C A R E

PAY TO PLAY?

Coal for New York, An Earth Day Failure By Norris McDonald

To celebrate Earth Day on April 22, New York State should take a few lessons from New York City on combatting climate change. The Big Apple adopted climate change legislation in 2013, advancing the goals of PlaNYC and making significant headway to realize its cleanest air in five decades. For years Albany led attacks on other states for sending pollution across the New York border; however, recent actions by the New York State Public Service Commission will allow a dirty coal plant to choke the Hudson Valley once again. New York Attorney General Eric Schneiderman said, “Coal-fired power plants make the largest contribution to air pollution in New York’s skies. Continuing to cut emissions is crucial to protecting New Yorkers’ health and environment.” But with SuperstormSandy-damaged Danskammer scheduled to start burning coal as early as July 1, Mr. Schneiderman has yet to act.

Then Mayor Michael Bloomberg visited Kings Collegiate Charter School with U.S. Secretary of Education Arne Duncan in May 2010.

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The department also had a two-year revenue-generating arrangement with Cablevision to broadcast PSAL games; that has now expired. And most famously, in 2003 the city struck a $166 million deal with the beverage company Snapple, which brought vending machines to the city’s public schools that exclusively sold Snapple brand water and juice. The deal promised a minimum of $40.2 million to the department and an additional minimum of $3 million per year for PSAL programs. According to the Daily News, school income from Snapple during the five-year deal fell several million dollars short of that commitment. The city’s revenue budget does not currently reflect any income to the Department of Education from sports sponsorships, according to the Independent Budget Office. One firm already approached by the city is the Leverage Agency, whose slogan is “the power to influence” and which specializes in bringing corporate logos onto the sports field. Kevin McIntyre, the executive vice president and general manager, said he wasn’t surprised to see New York City schools in the arena. “It’s been done before, with the Snapple deal,” he noted. In evaluating the new opportunity, said McIntyre, “We will look at the assets available in

the school system, the number of students and parents, and other eyeballs our advertising elements could garner, and break it down in a cost-value analysis.” The picture looks very different to some advocates for young people. Josh Golin, associate director of the national advocacy group Campaign for a Commercial-Free Childhood, said the monetary benefits of such deals are small compared with the psychological effects on children when they are forced to see or wear ads in school. “Sports should be part of the school curriculum, but we have to find a way to do it without selling out kids,” Golin said. Even where such promotions are limited to high schools, teens are highly susceptible to peer pressure, he said. “Schools should be teaching kids to resist that kind of pressure, not capitalizing on it so that kids will get the shoes that the popular athletes are wearing,” Golin said.

More work needs to be done to mitigate air pollution that claims the lives of vulnerable populations. Solutions include embracing liquefied natural gas to significantly lower vehicular emissions on congested transit routes as well as converting more buildings away from fuel oil to cleaner natural gas. Maintaining access to clean and reliable electricity generators will also help New Yorkers breathe cleaner air. This includes the continued operation and license renewal of Indian Point, a 2,000 plus megawatt nuclear plant that supplies 25 percent of New York City’s and 10 percent of New York State’s power with virtually zero emissions. Numerous independent studies reveal that without Indian Point, New York’s air quality would be significantly degraded. A study by the City of New York found that carbon pollution would increase by 15 percent, sulfur dioxide up to 12 percent, and nitrogen oxide by 7-8 percent.

As we near Earth Day, Attorney General Schneiderman remains remarkably silent on New York’s decision to allow Danskammer to darken the sky, clog the air with toxic emissions, and threaten countless people fighting respiratory ailments in the region. Breathing clean air should not be reserved for the privileged. It is essential that New York State policies protect the environment and all New Yorkers’ health every day, especially on Earth Day. Norris McDonald is the President of the African American Environmentalist Association and an Advisory Board Member of New York AREA. S P E C I A L

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Louise Dewast contributed reporting.

The New York World produces accountability journalism devoted to deepening public understanding of the ways city and state government shape life in New York City. The project, which is published by Columbia Journalism School, is online at www.thenewyorkworld .com.

The New York Affordable Reliable Electricity Alliance (New York AREA) is a diverse group of business, labor, environmental, and community leaders working together for clean, low-cost and reliable electricity solutions that foster prosperity and jobs for the Empire State. W W W. A R E A - A L L I A N C E . O R G

city & state — April 21, 2014

his gym class brought to you by our sponsor? That could be the future for New York City public school students, if a Department of Education effort comes to fruition. The agency intends to seek sponsorship deals for public school physical education programs and the Public School Athletic League, a recent solicitation revealed. The department announced that it is seeking a sports marketing firm to “develop a coherent marketing/business plan to attract paying sponsors to promote and/or merchandise goods and services” that are “centered on” PSAL and public school physical education programs. The Department of Education did not respond to a request for comment. If a firm is selected, it would receive a five-year contract, with the option for a one-year extension. PSAL runs varsity athletics in the city high schools, with more than 37,000 participants in 22 sports, according to the PSAL website. This isn’t the first time the Department of Education has flirted with corporate sponsorship. In 2012 it posted a similar solicitation for an athletic apparel, footwear or equipment company to sponsor the city’s high school and middle school sports teams.

A new report from New York State Comptroller DiNapoli puts the cost to treat asthma at $1.3 billion annually, a 61 percent increase since 2002. According to the report, 1.4 million adults and 315,000 children battle asthma daily, and the Bronx is among the hardest hit with an average of 57 deaths per year attributed to asthma.

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New York State

AFL-CIO

FRUITS OF LABOR

Helping Working Families Achieve A Better Life

Don’t Pull the Ladder Out From Under Workers By Mario Cilento President of the New York State AFL-CIO

April 28 is Workers’ Memorial Day – a day where we honor hardworking men and women who have died on the job, and rededicate ourselves to the fight for workplace safety and health for all.

CUOMO, LEGISLATURE MAKE NICE WITH UNIONS IN ELECTION YEAR BUDGET By NICK POWELL

With the enactment of the Occupational Safety and Health Act at the federal level and the Public Employee Safety and Health Act at the state level, you may think that workplace safety is a victory already won; you’d be wrong. The hundreds of New Yorkers who never return home after a day at work every year tell a very different story.

In addition, the never-ending efforts by opponents of workplace safety to eviscerate the Scaffold Safety Law are evidence that we can never let up in our efforts to protect the lives of workers. They argue, without actual evidence mind you, that the law is too much of an economic burden. Even if safety comes at a significant price, which is far from a given, it is sad that for some, the bottom line will always come before the wellbeing of the workers that yield their prosperity. What price are we prepared to place on the lives of workers? First we should set the record straight on what the Scaffold Safety Law is and isn’t. The Scaffold Safety Law requires contractors and project owners to ensure that necessary safety equipment is provided and utilized. If they fail to do so, then they are held responsible. It is a safety law to stop preventable workplace injury and death. It was never meant to be an economic development law or insurance law as so-called “reformers” have tried to frame it, and therefore it should never be viewed in that light.

city & state — April 21, 2014

This safety law is particularly important for immigrant workers who all too often fear retribution if they speak up regarding safety on the job. According to a study by Center for Popular Democracy, in 60% of the OSHA-investigated fall from elevation fatalities in New York State, the worker was Latino and/or immigrant, disproportionately high for their participation in construction work. That number climbs to nearly ninety percent in parts of the state. The last thing we should be doing is undermining worker protections. In fact, we should be doing more to ensure that fewer and fewer children lose a father or mother at work. Next week, I encourage those who so flippantly choose to cast aside the protections of the Scaffold Safety Law to join union members at memorials and services throughout the state, where we honor the deceased. Perhaps, seeing the loved ones of those who have lost their lives will provide them with some much needed perspective. For more information on the New York State AFL-CIO, visit www.nysaflcio.org.

New York healthcare workers rally in support of the Safe Patient Handling Act, a top organized labor priority that was included in the final state budget.

ost political pundits and observers mark the end of the legislative session on their calendars, so they can take stock of all the favors doled out that year to satisfy special interests, what deals were cut and which bills wound up on the cutting room floor. This being an election year for both the governor and all of the members of the state Legislature, one particular interest group may walk away from Albany on June 19, the last scheduled day of session, more satisfied than others: organized labor. The Democratic Assembly has long served as a champion of labor’s priorities, passing generally friendly

legislation that often fails to gain traction in the Senate, where there is more party parity. Meanwhile Gov. Andrew Cuomo, Assembly Speaker Sheldon Silver, and Senate Co-Leaders Dean Skelos and Jeff Klein—the “four men in the room” hammering out the finer points of the state budget—can decide, depending on the politics of the moment and, to a certain extent, favors owed, whether to placate labor unions by including carve-outs and desired initiatives or legislation. This particular year, with the governor’s talk of a budget surplus looming over negotiations, experts believe such rhetoric may have made it especially difficult to say no to unions’ cityandstateny.com

providing financial incentives to private entities, was a top priority of the federation. Cilento said that most IDAs do not create the number of jobs they claim and that there should be “a projected job creation number commensurate with the amount of money we’re giving out.” But in a year in which Cuomo is campaigning on cutting taxes and stimulating the flagging upstate economy, IDA reform was always going to be a heavy lift, as the agencies are a vehicle for growth in the state, warts and all. On the flip side, Cilento and organized labor did win a hard-fought victory on another piece of legislation that had fallen short for a number of years: safe patient handling, which would require healthcare facilities throughout the state to form committees that would design specific programs to make improvements in this area. Though the legislation had failed to pass for the better part of a decade, Cilento does not necessarily believe the Legislature and governor being up for re-election had much to do with getting it passed now. “We’ve been working on [safe patient handling] cityandstateny.com

Federal Policy Set to Improve New York Energy System on May 1

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for somewhere between 8 and 10 years—there were four election cycles, at least, in that time period,” Cilento said. “It doesn’t hurt to have a big issue in an election year, but I think it was just a confluence of events. It was the right time; we had made the case for many years at this point. We had six or seven different affiliates who we had coordinated this through over the years, coming up with what we are all agreeable to on this side of it, and certainly on the employer side of it. Sometimes it just takes a while.” Even with the victory, labor had to make some concessions in the final agreement on safe patient handling, removing provisions that directed the statewide policy to include recommendations for lift equipment and ratios of equipment per staff. A safe staffing companion initiative that would establish a nurse-to-patient ratio in hospitals and nursing homes was left out of the budget. Labor insiders say the safe staffing component was a large reason why safe patient handling failed to pass last year, despite momentum for it to do so, because the legislation would increase expenses for hospitals and nursing homes by necessitating them to hire more staff. “[Safe patient handling] would have passed last year; then the nurses started bringing up safe staffing or staffing ratios, so they want to put in nurses per patient in hospitals and nursing homes. The industry really doesn’t want to do that,” said a source familiar with the safe patient handling negotiations. “When they brought that up last year, it sort of killed the safe patient handling bill. Both houses said, ‘Wait a minute, we want credit for doing safe patient handling, and if you’re just going to be making noise next year for the other bill, let’s do this in an election year so we can get credit for it.’ ” Public Employees Federation President Susan Kent, who represents the second largest public sector membership in the state, pointed to the fact that Cuomo chose not to reauthorize the “designbuild” procurement process as “very big for us.” The governor also left out a provision to include more wide-ranging authorization for Public Private Partnerships (P3s). Labor unions have consistently fought to ensure that “design-build” and P3 projects include union construction— which is not always the case—and also ensure safety protections, as the same private entities responsible for construction are also responsible for inspections. “You cannot have private contractors designing building and also be responsible for inspecting,” Kent said. “It was one of the things that seemed to be new to the administration as well as the Legislature—that because designbuild [contractors were] silent on inspections, they didn’t believe that inspections were included [in the process].” Still, there are those who believe that election years are not unique in being especially rife with legislative or budget concessions to labor. E.J. McMahon, president of the conservative-leaning Empire Center for New York State Policy, said that labor unions “do so well [legislatively], it’s hard to almost tell the difference,” between election and nonelection years. McMahon added that there is still ample time for the Legislature to curry even more favor with labor. “The budget’s not normally [labor’s] big thing,” McMahon said. “In an election year, you really

By Dr. Matthew C. Cordaro New York set new record demands for electricity during the sweltering 2013 heat wave and 2014 sub-zero deep freeze. The lights stayed on; homes were air conditioned in the summer and space heating kept things comfortable during the winter and all of this largely because of sound management by the New York Independent System Operator (NYISO), the non-profit responsible for our electric reliability. However, the Federal Energy Regulatory Commission (FERC), a federal regulatory agency strengthened in the wake of the 2003 blackout, has indicated that the Empire State may not be so lucky in the coming years if sufficient in-state power is not made available. This is why FERC and NYISO experts spent seven years conducting an exhaustive analysis to ensure New York maintains access to abundant and competitively priced electricity. The result is a new energy market design for the Hudson Valley and New York City known as the “Lower Hudson Valley Capacity Zone.” It relies on free market fundamentals and takes effect on May 1, 2014. It aims to attract private investments into the state’s energy infrastructure to create a more robust and reliable system. These investments will lead to cheaper electricity, jobs creation, and spur economic growth. Opponents of FERC’s free market approach contend that the new zone should be delayed and warn that electric prices could increase as a result. The truth of the matter though is that this is an oversimplification and counterproductive. In reality many power plants have retired in New York in the past 15 years while many others are facing economic pressures to close. Further, any electric increase should be minimized over time as more supply leads to lower electricity costs, and can be more than offset by political will. Pinning the blame for high energy prices on FERC ignores other paths to dramatically cutting electricity costs in New York. According to the U.S. Energy Information Administration, New York’s residential electricity costs were 68% higher than the national average in January, and 53% more than neighboring Pennsylvania. This may be as much a result of increasing transmission costs, taxes, and arcane fees than changes in the wholesale price of electricity which has actually declined in New York over the past 10 years.

Before investors commit many millions or billions of dollars to new plants, they need a clear, market pricing structure upon which to evaluate their decisions. With the new capacity zone, New York will encourage the energy infrastructure investments needed to ensure reliable and competitively priced electricity. Dr. Matthew Cordaro is the former chief executive officer of the Midwest Independent System Operator, the non-profit transmission grid operator serving 15 states and a Canadian province. He serves on the advisory board of the New York Affordable Reliable Electricity Alliance and is also a former CEO at utility companies. Note: The above op-ed was adapted from an opinion piece Dr. Cordaro authored and appeared in the Poughkeepsie Journal on April 13, 2014. S P E C I A L

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New York AREA’s membership includes some of the state’s most vital business, labor and community organizations including the New York State AFL-CIO, Business Council of New York State, Partnership for New York City, New York Building Congress, National Federation of Independent Business and many more. W W W. A R E A - A L L I A N C E . O R G

city & state — April 21, 2014

priorities. “It’s very difficult in an election year to be tough on organized labor,” said Elizabeth Lynam, vice president and director of state studies for the Citizens Budget Commission. “People are talking about a surplus and spending a surplus, and that tends to kind of light up people’s eyes: ‘Now we’re gonna spend again, we’re gonna go forward in spending mode.’ It’s hard while you’re doing that to then on the other hand be tough on organized labor in New York State.” On the face of this year’s budget, the economic development agenda the state AFL-CIO (representing 3,000 public and private sector unions and over 2.5 million members) pushed at the outset of the session has not fared well, at least not yet. State AFL-CIO President Mario Cilento told City & State in September that assigning accountability to New York’s industrial development agencies, which attempt to attract and retain businesses by

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ower is a lot like real estate,” says Rep. Francis Underwood in the political drama House of Cards. “It’s all about location, location, location. The closer you are to the source, the higher your property value.” Underwood is a fictional character, but in the real world of politics his words often hold true. In New York, proximity to Gov. Andrew Cuomo, who holds the state’s highest elected office, can serve as an indicator of political clout. Nearly a dozen people on this year’s list owe their jobs directly to the governor, and many others are highly ranked largely because of their connections to him

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or to other state power brokers. Even those who have earned election in their own right generally owe their position to key patrons and mentors who helped them climb the rungs of power. Cuomo himself grew up with a father who was governor, after all. However, simply being close to a powerful figure does not always mean that one is powerful as a result. Dozens of state commissioners and agency heads are nowhere to be found on this list. Sandra Lee, the governor’s longtime girlfriend, did not make the cut, and Lt. Gov. Robert Duffy just squeezed on to it for a second consecutive year at No. 100.

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As Underwood notes in a later episode, “Proximity to power deludes some into thinking they wield it.” To give our readers an accurate portrayal of who really holds sway in Albany politics, City & State presents its second annual Albany Power 100. Of course, any list of this sort is bound to generate criticism and controversy. We acknowledge that our ranking is imperfect—yet it is not arbitrary. Off-the-record conversations with many of the state’s most savvy political insiders helped us arrive at a list that we hope will resound with the people who know the score as well as anyone—our readers. cityandstateny.com

#99 Joanie Mahoney

#98 Jerry Kremer

LIEUTENANT GOVERNOR

ONONDAGA COUNTY EXECUTIVE

CHAIRMAN, NEW YORK AREA

The Onondaga County Executive is often floated as a possible running mate for Cuomo in 2016, even though she is a Republican—or perhaps because she is. While it’s an unlikely scenario, particularly if the governor has national ambitions, Mahoney has already proven that she is one of the few Republicans and Central New York leaders who has both Gov. Cuomo’s ear and his trust.

Kremer, a former chairman of the Assembly Ways and Means Committee, so revels in his decades spent as an Albany insider par excellence that he entitled the memoir he released last year Winning Albany. These days Kremer wields clout in the Capitol as the chairman of the New York Affordable Reliable Electricity Alliance, one of the preeminent energy and utility trade groups in the state. He’s also a partner at the law firm where Dean Skelos works, Ruskin Moscou Faltischek, and a prolific columnist and television pundit specializing in Long Island politics.

Rumors have abounded since last year that Duffy would not be on the ticket for Gov. Cuomo’s second term, but as the state Democratic convention in May quickly draws nearer it appears increasingly that for the governor the safe choice of staying with Duffy might very well end up outweighing the allure of selecting someone new. If that winds up being the case, Duffy will hold on to his place in the Power 100 by virtue of being the 57th governor of New York State if anything happens to the 56th.

#97 Michael Long

#96 Frank MacKay

#95 Blair Horner

#94 Tonio Burgos

CHAIRMAN, CONSERVATIVE PARTY OF NEW YORK STATE

CHAIRMAN, INDEPENDENCE PARTY OF NEW YORK

FOUNDER AND CEO, TONIO BURGOS AND ASSOCIATES

It’s still early in this election cycle, but so far Long has yet to wield much power over how the Republican field is shaping up. Still, state Senate Republicans will have to rely on the support of Conservative Party voters if they are going to maintain control of the chamber, meaning Long’s influence can’t be discounted. The Conservative line could prove significant in close Congressional races, too.

Had the governor’s effort last year to reform the Wilson-Pakula law succeeded, MacKay and Mike Long would be off this list, but it didn’t, so MacKay continues to wield disproportionate clout in New York politics. Though a wide spectrum of people have tried to brand the Independence line as radioactive, it continues to be in considerable demand for both Republicans and Democrats in competitive districts across the state.

LEGISLATIVE DIRECTOR, NEW YORK PUBLIC INTEREST RESEARCH GROUP

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When something smells funny at the Capitol, Horner is the man who is trusted to find the source, expose it and lead the charge to try to clean it up. Now on his third tour as NYPIRG’s legislative director, Horner is a widely respected good government advocate who provides serious, fair and often bitingly witty commentary, and whose work has been known to lead to results in the Legislature. There’s no better neutral party to lobby for a good government cause in Albany.

Burgos’ firm isn’t the biggest moneymaker in Albany, but the numbers don’t do justice to the value of Burgos’ decades of connections in the Capitol. His relationship with Mario Cuomo dates back to the former governor’s years as secretary of state, and he has been a loyal ally to both the elder Cuomo and his son ever since. In a town where access is everything, Burgos knows everybody.

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#100 Robert Duffy

#93 Edward Cox

#92 Richard Runes

#91 Steve Pigeon

#90 Patricia Lynch

CHAIRMAN, NEW YORK STATE REPUBLICAN COMMITTEE

LOBBYIST

POLITICAL CONSULTANT

PRESIDENT AND FOUNDER, PATRICIA LYNCH ASSOCIATES

Give Cox credit for trying to generate the Republican Party some semblance of credibility in New York State. But at the end of the day, Democrats still rule the roost, leaving Cox in constant search of a decent statewide candidate who can boost morale on the right. Sure, Republicans have pockets of power, especially upstate, but how powerful can a state chair be whose party is a non-factor in statewide elections—and can’t even attract candidates to run for all of them?

Runes does not work for a big name firm, but that hasn’t stopped him from getting plenty of blue chip clients from areas like real estate and publishing. Though the longtime operative has enjoyed many years of success in Albany, he prefers to operate under the radar, and use his vast network of connections to get things done for his clients behind the scenes.

Love him or hate him, it’s undeniable that the controversial Western New York political powerhouse always seems to have a hand in any intrigue in his neck of the woods. Elected officials from Gov. Cuomo on down might be wary of the optics of playing up their relationship with Pigeon, but anyone interested in backroom politics in the greater Buffalo region knows a pilgrimage to Pigeon at his Underberg & Kessler office is a must.

For years, Lynch was the gold standard for lobbyists in Albany. Even after being forced to pay a $500,000 fine in 2010 as part of a settlement with then Attorney General Cuomo, Lynch’s firm remained in the top tier of the industry. But things have continued to go south for PLA over the past year. Since September the firm has been hemorrhaging high-profile staff, and insiders say Lynch’s close ties to Speaker Sheldon Silver are no longer as valuable as they once were. Still, Lynch’s firm made over $5.5 million in 2013 lobbying.

#89 Herman "Denny" Farrell Jr.

#88 Brian Sampson

#87 Michelle Adams

#86 Carl Paladino

ASSEMBLYMAN; CHAIR, WAYS AND MEANS COMMITTEE

EXECUTIVE DIRECTOR, UNSHACKLE UPSTATE

Farrell has seen it all—probably twice. The assemblyman has been representing northern Manhattan since 1974, making him the chamber’s third-longest serving member. Over the course of his tenure, Farrell has become one of the body’s most highly esteemed members and recognizable faces. A mainstay on the dais over decades of Assembly and joint budget hearings, Farrell remains involved in all the most important conversations in his chamber and his opinion is one of the most respected, particularly on budgetary issues.

Sampson is a leading advocate in Albany for upstate business interests, a group that is increasingly getting some respect after years of neglect. Backed by a high-powered board and armed with an abundance of media savvy, Sampson is a consistently visible presence who commands the attention of the state’s leaders even when they don’t necessarily want to listen to him.

MANAGING DIRECTOR FOR PUBLIC AFFAIRS, TISHMAN SPEYER

CEO, ELLICOTT DEVELOPMENT COMPANY; FORMER REPUBLICAN NOMINEE FOR GOVERNOR

Adams is someone the average political watcher probably couldn’t pick out of a lineup, but she has been a rising star in the Cuomo administration’s firmament for some time now, having raised significant money in support of its agenda. As the right hand to Rob Speyer Adams is well situated at the nexus of real estate, business and politics, and she artfully uses her position to maximum effect.

Ed Cox is the head of the state’s Republican Party, but Paladino is increasingly the face of its populist movement, especially for conservative Republicans. While Paladino might be best known statewide for some of the headline-grabbing shenanigans of his gubernatorial campaign, in Western New York he is a giant, afforded enormous respect by power players on both sides of the aisle, as well as by everyday Erie County residents.

city & state — April 21, 2014

cityandstateny.com

#85 Kevin Law

#84 Andrew Zambelli

#83 Fredric Dicker

#82 John DeFrancisco

PRESIDENT AND CEO, LONG ISLAND ASSOCIATION

COUNSELOR TO GOV. ANDREW CUOMO

COLUMNIST, NEW YORK POST; TALK SHOW HOST

STATE SENATOR; CHAIR, FINANCE COMMITTEE

The election cycle has hardly begun, but we already see Gov. Cuomo and likely GOP gubernatorial nominee Rob Astorino battling for support on Long Island. Law has his hands in every big decision impacting the economy in Suffolk and Nassau counties and is someone lawmakers and candidates alike listen to and respect.

A longtime pollster for the governor and former aide to his father, Zambelli is a model Cuomo insider. Perfectly happy to maintain a low profile, Zambelli dedicates himself to keeping the governor attuned to the pulse of the electorate both in the present and future tenses. In an administration that takes polling very seriously, Zambelli has a real effect on shaping policy decisions big and small.

Dicker used to command far more attention when the governor employed Dicker’s weekday morning radio show as a platform to get his message out. But since the pair had a falling out and Cuomo moved over to talking with Susan Arbetter, Dicker’s show and his weekly column in the Post have become a bully pulpit from which Dicker hurls barbs at the governor. Dicker is still a mainstay at the Capitol and a must-listen for many Republicans and conservatives, but he isn’t at the center of the action any more.

The veteran senator wields significant power simply by virtue of being one of the main lawmakers on the dais during budget hearings each year. A close friend of Dean Skelos’, DeFrancisco is the highest ranking elected Republican in Syracuse and a trusted dealmaker in Albany. A renowned straight talker, DeFrancisco doesn’t take flack from anyone, Gov. Cuomo included.

#81 Elizabeth Lynam

#80 Michael Avella

#79 Tom Prendergast

#78 James Featherstonhaugh

VICE PRESIDENT AND DIRECTOR OF STATE STUDIES, CITIZENS BUDGET COMMISSION

PARTNER, MEARA AVELLA DICKINSON

CHAIRMAN, METROPOLITAN TRANSPORTATION AUTHORITY

FORMER PRESIDENT, NEW YORK GAMING ASSOCIATION

With Senate Republicans power growing, thanks to the troubles of Senate Democrats and Speaker Silver, Avella’s ties to Dean Skelos as former chief counsel to the conference have served his lobbying firm well. His fortunes are not completely tied to the GOP though. His firm has developed deep connections with both sides of the aisle.

Leading the largest transportation authority in the nation makes Prendergast inherently important, but he is a still relatively unproven as an advocate for his authority at the state level. When the Cuomo administration tried to pry away $40 million of his funding for the state budget, Prendergast pretty much had to just grin and bear it, pretending he didn’t need the money when he desperately does. Prendergast has the standing to be a power player in Albany, but with fare hikes on the way and a massive deficit looming, the MTA chairman’s skill as a lobbyist will be severely put to the test.

Featherstonhaugh has long been one of the state’s foremost experts on casino issues, and he was at the vanguard of the push to expanding gambling as president of the New York Gaming Association, a coalition of existing racetrack casinos. Since the successful passage of last year’s constitutional amendment, Featherstonhaugh has stepped down from the Association to focus on an expected bid from the Saratoga Casino and Raceway, of which he is a part owner, to build a full-fledged casino in Rensselaer County.

Last year we put Carol Kellerman, the president of the Citizens Budget Commission, on the Power 100 as a nod to the importance of the independent fiscal watchdog organization. This year we're going with Lyman, the CBC's state chief. In a city where budget spin is everywhere, Lynam has emerged as a credible, well respected voice of reason. Reporters trust her to give them a fact-based analysis of the budget, and her reports on state spending are must-reads for everyone at the Capitol. cityandstateny.com

city & state — April 21, 2014

#77 E.J. McMahon

#76 Dean Fuleihan

#75 Emma Wolfe

#74 Bill Easton

PRESIDENT AND FOUNDER, THE EMPIRE CENTER FOR PUBLIC POLICY

NEW YORK CITY BUDGET DIRECTOR One could argue that Fuleihan is more of an insider in Albany circles than he is in New York City, having served as Assembly Speaker Sheldon Silver’s longtime chief fiscal and policy adviser. While Fuleihan is largely apolitical, his mastery of budget minutiae make him an invaluable resource for legislators in both the city and state arena. With his move downstate to work for Bill de Blasio, Fuleihan’s familiarity with the Albany terrain will be big help to the mayor as he develops his future budget priorities—some of which will likely require Albany approval—and gives Silver an embedded ally in City Hall.

DIRECTOR OF INTERGOVERNMENTAL AFFAIRS FOR MAYOR BILL DE BLASIO

EXECUTIVE DIRECTOR, ALLIANCE FOR QUALITY EDUCATION OF NEW YORK

Wolfe is the point person for driving the mayor’s agenda at all levels of government, Albany included. Her prime directive this session was to secure funding for the mayor’s proposed universal preschool program. She ended up scoring a $300 million from the state, though without the tax hike to pay for the program. A shrewd operator, Wolfe likely learned some valuable new lessons this past session watching Gov. Cuomo outflank de Blasio at every turn, and it will be interesting to see how she adapts her game plan in the future.

Easton was on the frontlines of pushing for universal pre-K long before Mayor Bill de Blasio transformed the effort into a cause célèbre. With de Blasio’s ascendance, Easton now has a powerful ally in his longtime fight to increase education funding and distribute it more equitably. Often irksome to the governor, Easton is a tenacious advocate who always manages to be heard even in a space crowded with loud voices and strong convictions.

#73 Howard Zemsky

#72 Michael Gianaris

#71 Catharine Young

#70 Vicki Fuller

MANAGING PARTNER, LARKIN DEVELOPMENT GROUP; CHAIRMAN, NIAGARA FRONTIER TRANSPORTATION AUTHORITY

STATE SENATOR; CHAIR, DEMOCRATIC SENATE CAMPAIGN COMMITTEE

STATE SENATOR; CHAIR, SENATE REPUBLICAN CAMPAIGN COMMITTEE

CHIEF INVESTMENT OFFICER, NEW YORK STATE COMMON RETIREMENT FUND

Gianaris and the regular state Senate Democrats are playing the long game, eyeing the 2016 election cycle as their opportunity to take back the majority—that is, unless Gianaris pulls off a deal earlier to draw the IDC rebels back into the fold. Still, this election year will be a critical one for Gianaris, enabling him to point to a track record of victories in a tough climate or shouldering him with blame if he can’t overcome the odds.

Young holds a good hand in the upcoming election cycle, but she’s still new to the game, having only been named to her post with the SRCC in August—the first woman ever to serve in the position. If Senate Republicans preserve their slim majority through their coalition with the IDC, or better yet, rack up enough seats to control the chamber outright, Young will be on the receiving end of the praise. If, however, they falter, Young will be on the hook for their losses.

Anyone in charge of $150 billion worth of state money has considerable clout in Albany. As the chief investment officer of the state’s retirement fund— the third-largest public pension fund in the nation—Fuller is responsible for the assets in trust of more than one million employees and retirees. A lot rides on her financial acumen. If she makes a smart investment the state’s retirees prosper; if she makes a poor one they suffer. Good thing she has 30 years of asset management experience to guide her picks.

McMahon is a potent mix of conservative policy wonk and activist. He knows his stuff inside and out, and he doesn’t pull punches when it comes to providing analysis. Also a senior fellow with the Manhattan Institute, McMahon is a respected go-to for journalists looking for insight into the governor’s fiscal proposals, who often offers erudite observations that make the administration cringe.

city & state — April 21, 2014

Arguably Western New York’s most powerful developer, Zemsky is chairman of the Niagara Frontier Transportation Authority and a co-chair of the Western New York Regional Council for Economic Development. With the Cuomo administration pouring $1 billion into the region, insiders say Zemsky has become one of the governor’s most trusted advisors for how best to distribute that hefty amount of money in the area.

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Also, congratulations to our team of wonderful professionals, Also, congratulations to our team thewonderful reason that Kasirer Consulting of professionals, is consistently ranked Consulting the reason that Kasirer the top-lobbying firm is consistently ranked in New York City. firm the top-lobbying

#69 Micah Lasher

#68 Mylan Denerstein

#67 Michael McKeon

#66 Joseph Martens

CHIEF OF STAFF TO ATTORNEY GENERAL ERIC SCHNEIDERMAN

COUNSEL TO GOVERNOR CUOMO

PARTNER, MERCURY PUBLIC AFFAIRS

When the Power 100 was compiled last time, Lasher was new to his job as the AG’s top aide, stepping in to fill Neal Kwatra’s big shoes. Since then Lasher has demonstrated why Schneiderman recruited him for the position, continuing his prodigious career as a political operative. A founding partner of SKDKnickerbocker, former chief Albany lobbyist for Mayor Michael Bloomberg, and an executive director of StudentsFirstNY, Lasher’s broad expertise makes his insights valuable in any sector the AG wants to pursue.

Denerstein has been a loyal and trusted member of the governor’s inner circle since his days as attorney general, and Cuomo’s foremost advisor on a host of critical legal issues tackled by his administration. She would have continued to have a prominent place in the top half of the Power 100 if she were sticking around for the second term, but sources indicate that she is eyeing an opportunity to move on if the governor is reelected.

Among the most powerful government relations experts in Albany, McKeon is tight with bigwigs across the political spectrum. He founded Republicans for Cuomo in 2010, was a senior communications adviser to Rudy Giuliani during his mayoralty and led the Pataki communications staff post9/11. He continues to enjoy a strong relationship with the governor and has earned his stripes as an adviser and pundit both his colleagues and elected officials listen to closely.

COMMISSIONER, STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

#65 Dan Cantor

#64 Tom Precious

#63 Alfonse D'Amato

#62 Bill Hammond

EXECUTIVE DIRECTOR, WORKING FAMILIES PARTY

ALBANY BUREAU CHIEF, THE BUFFALO NEWS

FOUNDER AND MANAGING DIRECTOR, PARK STRATEGIES

COLUMNIST, NEW YORK DAILY NEWS

Coming off a banner year in New York City’s municipal elections, Cantor has been making headlines again threatening not to back Gov. Andrew Cuomo for reelection. That power play could either end up forcing Cuomo to beg for the WFP’s endorsement— thus validating the third party’s clout on the statewide level—or the governor could call his bluff and leave the WFP struggling to get the 50,000 votes it needs to secure a guaranteed ballot line. The outcome of this battle will have a significant impact on where Cantor lands on the Power 100 next year.

Precious is a reporter’s reporter who has the institutional memory and fact-gathering ability to put out comprehensive, yet easy-tounderstand daily stories. When other reporters zig, Precious zags, finding the right insiders to give his stories astute commentary no one else has. He’s a fly on the wall at the Capitol—never the loudest in the room but always a keen observer of everything going on in and out of the shadows.

D’Amato’s Park Strategies was fourth on JCOPE’s 2013 list of the top 10 state lobbying film by compensation after scoring over $2 million more in business than it did in 2012. The former U.S. senator has grown his firm into one of the most powerful in the state through his wealth of top-level connections from his days as a politician. Always a gifted talent scout, D’Amato bet right raising money for Bill de Blasio, and now looks to be on the winning side of the gubernatorial race as one of the most prominent Republicans for Cuomo.

Hammond brings a level of cleverness to the Capitol that is matched by few, if any, other members of the Albany press corps. He leaves lawmakers and aides, especially the governor and his staff, hoping they don’t fall victim to one of his critical columns. His writing can sway opinion and his reporting is air-tight.

Department of Environmental Conservation Commissioner Joe Martens is best known as Gov. Andrew Cuomo’s point man on hydrofracking, the controversial natural gas drilling procedure that has been under review for years. But Martens portfolio is larger than any one issue; he also enforces the state’s environmental regulations, oversees its land conservation efforts and plays a key role in responding to natural disasters like Superstorm Sandy.

city & state — April 21, 2014

cityandstateny.com

#61 Timothy Dolan

#60 Karen Magee

#59 Heather Briccetti

#58 Emily Giske

CARDINAL; ARCHBISHOP OF NEW YORK

PRESIDENT, NEW YORK STATE UNITED TEACHERS

PARTNER, BOLTON-ST. JOHNS

By the numbers, Catholicism is still the state—and the nation’s—top religion, and Dolan draws a crowd every time he comes to Albany. Legislative leaders, regardless of their religion, listen when he speaks. As a Catholic leader, he has focused on touchy social issues like abortion, but he has also taken an interest in more secular concerns like income inequality and education funding.

Though she was not a completely unknown figure prior to her recent election as NYSUT’s president, Magee wouldn’t have made the Power 100 if she had not succeeded in knocking out her predecessor, Dick Iannuzzi. Magee now finds herself at the helm of the state’s largest teacher’s union at a time when the state’s education system is in turmoil. Her baptism as a statewide leader will more than likely be by fire.

PRESIDENT AND CEO, THE BUSINESS COUNCIL OF NEW YORK STATE The Business Council has Gov. Cuomo’s ear, which means that Briccetti has a real say in helping to craft the administration’s economic development policies. Briccetti’s predecessor, Ken Adams, now heads the Empire State Development Corp., so she has multiple points of entry to make sure the interests of the 2,500 member businesses she represents are protected and prom oted.

The powerful lobbying firm Bolton-St. Johns boasts several worthy candidates for the Albany Power 100, including Ed Draves and Giorgio DeRosa. We went with Giske to acknowledge the depth of her relationships with members of the Legislature, particularly in the Assembly. A power player in New York City too, Giske helps weave together Bolton’s city and state practices.

#57 Diane Savino

#56 Stephanie Miner

#55 Nancy Zimpher

#54 Evan Stavisky

STATE SENATOR

MAYOR OF SYRACUSE

CHANCELLOR, STATE UNIVERSITY OF NEW YORK

PARTNER AT THE PARKSIDE GROUP

While Jeff Klein leads the Independent Democratic Conference, Savino is its second-most powerful member. Savino’s fiery nature has long made her a standout in the Senate, and enables her to succeed in getting her point across even when her colleagues don’t want to listen. Her strong union ties as former vice president for political action at AFSCME give extra heft to her convictions. The Staten Islander is currently leading the charge in the Senate to legalize medical marijuana and will likely have her name stamped on whatever bill passes.

Though Miner has resigned as co-chair of the state Democratic Party, she persists in being influential through the niche she has carved out for herself as a no-nonsense, straight-talking mayor with the guts to stand up to anyone, especially Gov. Cuomo.

While John King leads the charge on Common Core, it’s Zimpher who gets the Common Core students after they graduate. She leads a vast university system, with 88,000 faculty members and a $10.7 billion budget, and the success of her efforts is a major factor in determining whether New York is an educational leader or just another state with mediocre public colleges.

Born into politics, Stavisky has proven time and again that he knows how to get Democrats elected. In a year in which state Senate Democrats need to have a strong showing if they want to reclaim the majority, Stavisky and Parkside are certain to play an integral role in positioning them for the best possible chance of success.

cityandstateny.com

city & state — April 21, 2014

#53 Steven Spinola

#52 Neal Kwatra

#51 Jonathan Lippman

#50 Rob Astorino

PRESIDENT, REAL ESTATE BOARD OF NEW YORK

FOUNDER, METROPOLITAN STRATEGIES; CHIEF STRATEGIST, STATE DEMOCRATIC COMMITTEE CAMPAIGN

NEW YORK STATE CHIEF JUDGE

WESTCHESTER COUNTY EXECUTIVE

There is no industry more powerful or important in New York than real estate. Democrats and Republicans alike trip over each over to curry favor with the titans of the business, and solicit the support of REBNY to fund their campaigns. Being so in demand gives Spinola tremendous influence when it comes to shaping legislation and policy that impacts his members.

Kwatra has been a force in state politics for years now, and as this year’s election cycle heats up his stock is rising. He was widely praised for the get-outthe-vote movement he orchestrated in 2010, helping elect Democrats to all three statewide offices. Since leaving the AG’s office and starting his own firm, Metropolitan Strategies, Kwatra has quickly become one of the state’s leading political consultants, with victories that include getting the casino referendum passed last November.

As the head of the Court of Appeals Lippman is enormously influential, but his mandatory retirement at the end of 2015 looms large and diminishes his clout. Had Lippman prevailed in his battle against the governor to extend the retirement age of judges, he would have moved up the Power 100. Instead, he drops down it.

city & state — April 21, 2014

Perhaps the most impressive political accomplishment on the Republican’s résumé is his proven ability to overcome a 2-to-1 Democratic majority in Westchester County to win office. Now Astorino is setting his sights on putting one of his constituents out of work: Gov. Andrew Cuomo. To do so, Astorino will need to not only quickly grow his own brand, he will have to redefine the state Republican Party and become its public face. Whether Astorino winds up at the top of the Power 100 or off the list next year depends wholly on where he stands when the dust clears in November.

#49 Suri Kasirer

#48 Melissa DeRosa

#47 Patrick Foye

#46 Susan Arbetter

FOUNDER AND PRESIDENT, KASIRER CONSULTING

GOVERNOR’S DIRECTOR OF COMMUNICATIONS

Kasirer’s firm has become the second highest compensated in the state according to JCOPE’s 2013 numbers, earning over $6,450,000 last year— nearly $400,000 more than in 2012. Kasirer is a giant in the for-profit lobbying realm, but she excels as a pro bono advocate for issues that matter to her as well, including through her work on the board of the New York League of Conservation Voters and as a member of the Association for a Better New York’s steering committee.

Formerly Eric Schneiderman’s acting chief of staff, DeRosa now has a year under her belt as the governor’s communications director. During that time DeRosa has earned a place within the governor’s inner circle—quite an accomplishment given how rarely the governor welcomes anyone new into the fold.

EXECUTIVE DIRECTOR, PORT AUTHORITY OF NEW YORK AND NEW JERSEY

HOST, THE CAPITOL PRESSROOM; WCNY NEWS AND PUBLIC AFFAIRS DIRECTOR

Scrutiny of Foye’s Port Authority has dramatically increased since last year. While Bridgegate has led to the resignation of some of Foye’s colleagues from New Jersey and even threatened to dethrone Gov. Chris Christie, the Cuomo appointee has stayed on solid footing—and now looks to be indispensible given the appearance that in an authority overrun by shady figures, Foye was the rare honest public servant.

When Gov. Cuomo wants to get his message out or set the narrative for the day, his preferred method of communication is appearing on The Capitol Pressroom with Arbetter. This choice has made the morning radio show a must-listen for Albany insiders, and inspired many other lawmakers and advocates to jockey for an appearance on the hour-long program.

cityandstateny.com

#45 Karim Camara

#44 Kenneth Lovett

#43 John King

#42 Harold Iselin

ASSEMBLYMAN; CHAIR, BLACK, PUERTO RICAN, HISPANIC AND ASIAN LEGISLATIVE CAUCUS

ALBANY BUREAU CHIEF, NEW YORK DAILY NEWS

COMMISSIONER OF EDUCATION OF THE STATE OF NEW YORK

Lovett combines a rat-tat tabloid writing style with a staggeringly deep list of sources to churn out copy that keeps politicians on edge. He knows how to properly keep those he covers in check with stories that get people talking and his scoops make him the envy of Capitol reporters. With Fred Dicker’s decline in prominence, Lovett has moved up the press corps’ pecking order and, together with Bill Hammond, made the Daily News the paper to read for anyone serious about following Albany.

For many parents, King’s name has become synonymous with headaches over the Common Core. And teachers are none too happy about the state’s direction on teacher evaluations under his leadership. Regardless of his popularity, Dr. King is still New York’s top education official, and thus a tone-setter in one of the state’s most important policy arenas. His successes or failures have a proud ripple effect upon the lives of the state’s millions of children attending public school.

ALBANY MANAGING SHAREHOLDER, GREENBERG TRAURIG

Camara is the leader on issues impacting minorities in the state Legislature, and one of the few Assembly members with influence who is not part of the Speaker’s inner circle. A firm ally of the governor’s, Camara has often stepped up to defend the chief executive when his vote of confidence was genuinely helpful. If there is any motion this year on the DREAM Act—his caucus’ foremost priority—Camara’s strong relationships are all but certain to be among the reasons it progresses.

Iselin’s Greenberg Traurig moved up a spot on JCOPE’s annual tabulation of the state’s top 10 lobbying firms, landing at No. 3 with $6.1 million in total compensation and reimbursed expenses in 2013—over $200,000 more than GT made the previous year. Greenberg Traurig also ranked second to Wilson Elser in number of clients for a second consecutive year, with 126.

#41 Carl Heastie

#40 Liz Benjamin

#39 Merryl Tisch

#38 Peter Ward

ASSEMBLYMAN; CHAIRMAN, BRONX DEMOCRATIC PARTY

HOST, CAPITAL TONIGHT

CHANCELLOR, NEW YORK STATE BOARD OF REGENTS

PRESIDENT, HOTEL AND MOTEL TRADES COUNCIL

The Bronx power broker may still be reeling from his failed efforts to team up with Queens Rep. Joe Crowley to crown Dan Garodnick New York City Council Speaker, but his sway over his borough and clout in the Assembly as chair of the Labor Committee keep him a key player in Albany. Whether Heastie will use his might in the Legislature to pay back de Blasio and Co. for outdueling him in the Speaker’s race is an interesting question yet to be answered.

For upstate New York politicos, Time Warner Cable’s Capital Tonight is must-see TV. Benjamin’s political knowledge and fierce interviewing style leave audiences informed and intrigued. If you want to get your message out, or raise your profile, there is no better venue than Benjamin’s show—which is why downstate politicians line up to be guests even if their constituents can't tune in to her program. Plus, her talented team breaks news all day on the State of Politics blog, making Benjamin relevant 24/7.

The ultra-wealthy educator has been atop the Board of Regents since 2010, and has been a member since 1996. An uproar over Common Core standards has put the Regents under sharp scrutiny of late, and how Tisch steers the ship in the near future will play a role in determining the scope of her influence moving forward. But however the fight turns out, Tisch’s importance as a philanthropist and a thought leader will keep her a major player both in politics and policy.

With the rise of casinos and a successful push for better wages for casino workers, Ward’s stock has risen exponentially over the past year. The major bump in pay for racino workers in Queens negotiated last year could very well serve as a model for future pay increases and starting salaries for casino workers as the state pushes further into that realm. The state and casino operators should keep Ward’s deal in mind lest they wish to engage in a very public fight with his union Ward has already demonstrated he has the chops to win.

cityandstateny.com

city & state — April 21, 2014

#37 Stephen Ross

#36 Benjamin Lawsky

#35 Michael Mulgrew

#34 Danny Donohue

FOUNDER AND CHAIRMAN, THE RELATED COMPANIES

STATE SUPERINTENDENT OF FINANCIAL SERVICES

PRESIDENT, UNITED FEDERATION OF TEACHERS

The Related Companies’ chief is one of the titans of New York City’s politically savvy real estate world. Although he stepped down as CEO of Related, Ross continues to be a major donor to Gov. Cuomo. The company’s huge Hudson Yards project in Manhattan will reshape an entire neighborhood and be yet another feather in Ross’ cap.

Lawsky is New York’s top regulator of the banking industry, which generates billions of dollars of profits. The consolidated state Department of Financial Services, which Lawsky was appointed to lead, also gave the Cuomo administration more clout by cutting into the AG’s portfolio. Lawsky has been aggressive in his role, winning a key victory in 2012 with a $340 million settlement with the British bank Standard Chartered, while also putting pressure on insurance companies and payday lenders, and exploring ways to regulate virtual currency.

As president of the UFT, Mulgrew represents thousands of New York City teachers, but a transition at New York State United Teachers makes him the state’s leading advocate for educators. He can help set the tone for the rest of the state by not backing down on contract negotiations with Bill de Blasio and standing his ground on teacher evaluations and the Common Core. Incoming NYSUT President Karen Magee will likely get advice from Mulgrew, who backed her candidacy.

PRESIDENT, NEW YORK STATE CIVIL SERVICE EMPLOYEES ASSOCIATION Donohue runs one of the largest unions representing state workers and has been a vocal proponent of their interests in Albany. Like PEF, the other major state workers’ union, CSEA has threatened not to endorse Gov. Andrew Cuomo for reelection. While Donohue looks to be in a strong negotiating position, he may have undermined his cause when he called the governor a “moron” and a “monkey” earlier this year.

#33 Kenneth Langone

#32 Kenneth Raske

#31 Gary LaBarbera

#30 Susan Kent

BILLIONAIRE VENTURE CAPITALIST AND INVESTMENT BANKER

PRESIDENT, GREATER NEW YORK HOSPITAL ASSOCIATION

PRESIDENT, PUBLIC EMPLOYEES FEDERATION

Langone, the founder of Home Depot, is a major player in state elections. Despite being a Republican, Langone is close with Gov. Andrew Cuomo and has helped his reelection bid by helping recruit other Republicans to cross the aisle to endorse the incumbent. Langone’s recent comparison of modern-day populist critiques of the wealthy to Nazi-era Germany caused a stir, but the governor is unlikely to rebuff his support—or his campaign contributions.

The Greater New York Hospital Association has often gone to war with governors over funding, but Raske, the organization’s president, has made deals with the Cuomo administration and largely stayed off the governor’s back. With nearly 150 members, Raske leads the lobby for many of the New York metropolitan area’s hospitals. He also had a hand in the redesign of the state’s Medicaid system and the push for a waiver from the federal government earlier this year.

PRESIDENT, BUILDING AND CONSTRUCTION TRADES COUNCIL OF GREATER NEW YORK

city & state — April 21, 2014

The president of the Building and Construction Trades Council of Greater New York represents the intersection of business, real estate and labor—three of the most potent forces in state politics. LaBarbera, who also is a vice president of both the New York City Central Labor Council and the New York State AFL-CIO, oversees a coalition representing some 100,000 workers.

As president of the Public Employees Federation, Susan Kent leads a huge contingent of state employees, which means she could be a big thorn in the side of the governor when it comes time to negotiate new labor contracts. Kent has already been outspoken in calling for Democrats to primary Andrew Cuomo and has signaled that the governor won’t get the backing of her union this year. With 55,000 members behind her, Kent’s comments cannot be ignored.

cityandstateny.com

#29 Kenneth Shapiro

#28 Mario Cilento

#27 William Rudin

#26 Jennifer Cunningham

PARTNER, WILSON ELSER

PRESIDENT, NEW YORK STATE AFL-CIO

MANAGING DIRECTOR, SKDKNICKERBOCKER

Shapiro, a partner at Wilson Elser, founded its government relations practice, and he has seen it become the cream of the crop of lobbying firms in Albany. For a second consecutive year Wilson Elser topped JCOPE’s top lobbyist list, grossing more than $10 million in total compensation and reimbursed expenses, and outpacing the second-place finisher, Kasirer Consulting, by nearly $4 million.

As president of the New York State AFL-CIO, Mario Cilento oversees a powerful coalition of unions representing some 2.5 million members across the state. Even before income inequality became the latest buzz word in state politics, Cilento successfully fought for a phased-in minimum wage increase, as well as a hike in unemployment and workers’ compensation benefits.

CHAIRMAN, ASSOCIATION FOR A BETTER NEW YORK; PRESIDENT, RUDIN MANAGEMENT COMPANY Bill Rudin, the president of the real estate firm Rudin Management Company, is a major donor to Gov. Andrew Cuomo and key member of the Real Estate Board of New York, which has plenty of political clout in New York City and in Albany. Just as notably, he is chair of the Association for a Better New York, which provides a key venue for substantive and impactful political and policy discussions.

Jennifer Cunningham, a managing director at the consulting firm SKDKnickerbocker, has the accolades to back up the oft-repeated observation that she is the most powerful woman in Albany. Attorney General Eric Schneiderman, her ex-husband, and Gov. Andrew Cuomo are among the legions of leading elected officials who prize her advice. And on policy issues Cunningham delivers for her clients, with victories that include the passage of same-sex marriage three years ago.

#25 Kathryn Wylde

#24 Steven M. Cohen

#23 Keith Wright

#22 John Emrick

PRESIDENT AND CEO, PARTNERSHIP FOR NEW YORK CITY

FORMER SECRETARY TO THE GOVERNOR

CHIEF OF STAFF, INDEPENDENT DEMOCRATIC CONFERENCE

Partnership for New York City President and CEO Kathryn Wylde has been a prominent supporter of Gov. Andrew Cuomo from the beginning of his administration, in part through the Partnership’s integral financial support for the Committee to Save New York. Wylde’s efforts have not been in vain. The state’s business interests, which she represents, have benefited from their alliance with Cuomo, who has restrained spending and cut taxes.

Don’t let the title fool you. Just because Cohen is no longer secretary to the governor, that doesn’t mean he is not still one of the governor’s most trusted and important advisors. If anything, being on the outside of the administration has enabled Cohen to have more sway within it, since he can offer his sage advice without having to take all of the arrows that come with an official position in the executive chamber.

ASSEMBLYMAN; CHAIR, HOUSING COMMITTEE; CHAIR, STATE DEMOCRATIC PARTY

cityandstateny.com

With Stephanie Miner’s resignation, Keith Wright is now the sole chair of the State Democratic Party. He is also the chair of the Assembly’s powerful Housing Committee, the head of the Manhattan Democratic Party and a rumored potential replacement for Shelly Silver, if the speaker ever decides to step down.

John Emrick is not just the chief of staff of the Independent Democratic Conference, he is also the IDC’s lead budget negotiator, its top policy adviser and the architect of the breakaway conference’s unprecedented powersharing alliance with the Senate Republicans. With Jeff Klein’s reign continuing, Emrick deserves his share of the credit for the IDC’s success.

city & state — April 21, 2014

#21 Joseph Morelle

#20 Tom Libous

#19 George Gresham

#18 Rob Speyer

ASSEMBLY MAJORITY LEADER

SENATE DEPUTY MAJORITY LEADER

PRESIDENT, 1199 SEIU

CHAIRMAN, REAL ESTATE BOARD OF NEW YORK

Holding the No. 2 position in the Assembly, Morelle plays a critical role in the conference, carrying the weight for the upstate region behind closed doors. Morelle also enjoys close ties to Gov. Cuomo, making him more potent than his predecessor in the post. And as far as Monroe County Democratic Party politics go, he’s the boss.

Libous, the Republicans’ deputy majority coalition leader, has been slowed by his battle with cancer, and an ethics complaint two years ago knocked him down a few rungs down in the pecking order. His circumstances led to Libous handing off control of the conference’s reelection efforts to Cathy Young, but the 26-year Senate veteran still helps strategize on the budget and other legislation. The Binghamton resident is also in the thick of the hydrofracking debate and casino expansion in upstate New York.

George Gresham, the president of 1199 SEIU, is one of the most powerful men in New York City—No. 19 on City & State’s NYC Power 100—and in the state. His union has been quieter in Albany in recent years, but that tranquility may be a testament to the amicable deal Gov. Andrew Cuomo cut with Gresham in his first budget, back in 2011. If an issue has to do with healthcare workers—such as the Long Island College Hospital deal—you can bet Gresham is getting a call to see how it affects his members.

Rob Speyer’s youthful looks belie the magnitude of his influence. Speyer is both president and co-CEO of the gargantuan construction firm Tishman Speyer, and the chairman of the Real Estate Board of New York, the industry group with the most clout in city and state politics. REBNY was a major force behind the Committee to Save New York, which Speyer founded to support Gov. Andrew Cuomo’s agenda, and Speyer continues to be a major backer of the governor.

#17 Andrea Stewart-Cousins

#16 Robert Megna

#15 James Yates

#14 Joe Percoco

SENATE MINORITY LEADER

STATE BUDGET DIRECTOR

COUNSEL TO THE ASSEMBLY SPEAKER

CAMPAIGN MANAGER, CUOMO 2014

Senate Democratic Conference Leader Andrea Stewart-Cousins may wield less power than she gets credit for, but she is the state’s first and only female statewide legislative leader in history—and could emerge as majority leader after this election cycle if things go well for her party. While her Democrats do not have control of the Senate, insiders say she has the total respect of her members, a distinction her predecessor, John Sampson, lacked.

Robert Megna, the state budget director, is one of the holdovers from the previous administration, and he has served his new master well. With Megna’s help—and thanks to a novel use of budget extenders the budget director helped pioneer under Gov. David Paterson—the state has had four straight on-time budgets for the first time since the 1970s. Megna’s vast knowledge of the state budget and its intricacies makes him indispensible to the governor.

As counsel to Assembly Speaker Sheldon Silver, Jim Yates is a key player in the Democratic majority’s power structure. Yates, a ex-New York State Supreme Court justice and counsel to former Speaker Mel Miller, joined Silver in 2011 and is his top negotiator in budget deliberations, as well as on other important legislation. He also takes to the floor to whip up votes.

Just recently Joe Percoco stepped down from his position as executive deputy secretary to the governor to reprise his role of running the Cuomo campaign. The change of title is almost just a formality, since Percoco has been one of the governor’s closest advisers for decades, and is utterly devoted to his boss. Percoco is also widely known as the governor’s attack dog—and not for nothing politicos across the state fear his teeth.

city & state — April 21, 2014

cityandstateny.com

#13 Robert Mujica

#12 Bill de Blasio

#11 Kirsten Gillibrand

#10 Tom DiNapoli

CHIEF OF STAFF AND FINANCE, SENATE REPUBLICANS

MAYOR OF THE CITY OF NEW YORK

U.S. SENATOR

STATE COMPTROLLER

The Senate Republicans’ top budget negotiator also serves as the conference’s chief of staff and senior policy adviser. As secretary to the Senate Finance Committee, Mujica is Senate Coalition Co-Leader Dean Skelos’ right hand, and he has been integral to forging a partnership with the Cuomo administration to pass budgets that cap spending increases at 2 percent. Mujica is also a key architect of the Senate Republicans’ unprecedented power-sharing agreement with the Independent Democratic Conference.

Mayor de Blasio’s friendship with Gov. Cuomo didn’t seem to help the mayor too much in his first few months in office, and a number of unforced errors have hurt him in the polls. But while de Blasio didn’t get permission from Albany to raise taxes on the city’s wealthiest residents, he did secure $300 million for his signature campaign promise, universal pre-K, thus scoring a big win in an arena which often frustrated his predecessor.

Sen. Gillibrand has been steadily climbing the power ladder in D.C., and in so doing she has amped up her influence in local politics. Gillibrand is not yet the omnipresent force around the state that Charles Schumer is, but her endorsement is treasured, and she is an essential figure at every level of regional government for her ability to bring federal dollars to New York.

DiNapoli is the state’s chief financial officer, and as the manager of its $160 billion pension fund he has successfully pressed major corporations to adopt significant policy changes. His office audits the plethora of local governments, agencies and commissions to root out fraud, waste and abuse. A compromise measure passed in the state budget will make his office a test case for public financing of elections, but DiNapoli dismissed the pilot as weak and will opt out—a bold stand given that he originally floated the idea.

#9 Eric Schneiderman

#8 Howard Glaser

#7 Larry Schwartz

#6 Jeff Klein

ATTORNEY GENERAL

STATE DIRECTOR OF OPERATIONS

SECRETARY TO THE GOVERNOR

SENATE MAJORITY COALITION CO-LEADER

Attorney General Eric Schneiderman does not have the high profile of his predecessors—Eliot Spitzer and Andrew Cuomo—but he has made his mark. The unabashed progressive has fought prescription drug abuse by creating the acclaimed I-STOP program, successfully pushed for a tougher national settlement with mortgage lenders, and recently won $600 million for the state from JPMorgan Chase—although Cuomo and the state legislature eventually wrested control of the cash.

Glaser runs the state day-to-day, making him a key figure in virtually every policy decision. With the election of his friend, Bill de Blasio, to the mayoralty of New York, Glaser became even more important to the governor, since he became a natural liaison between the city and the state. There is a strong argument to be made that Glaser should be above even Larry Schwartz on the Power 100, but if the talk that he might be eyeing a departure from the administration in the near future is true, Glaser might end up off the list altogether next year.

Schwartz, the secretary to the governor, is Cuomo’s right hand man and perhaps the top negotiator in his administration. A perennial power player, Schwartz has been around since Paterson was governor, so he has the experience and insight to sort out fact from fiction when it comes to legislative and budget proposals. If Glaser is the oil that keeps the machine running smoothly, Schwartz acts as the gears that keeps things moving in the right direction.

Give the Senate Independent Democratic Conference leader credit for doing a lot with a little. His conference includes just five senators, but he has found a way to continue to be one of the four men in the room. Over the past year he has faced mounting criticism from the left for his partnership with Dean Skelos, but as long as the agreement is in place Klein remains one of the Senate’s—and the state Legislature’s—most powerful members.

cityandstateny.com

city & state — April 21, 2014

#5 Preet Bharara

#4 Charles Schumer

U.S ATTORNEY FOR THE SOUTHERN DISTRICT OF NEW YORK

U.S. SENATOR

Preet Bharara is the most feared man in New York State—and for good reason. He has mercilessly pursued political corruption and demonstrated a willingness to take down anyone who breaks the law, regardless of their station. Most recently Bharara terrified the state’s lawmakers by taking over the investigations started by the now-defunct Moreland Commission, and he did so while hurling harsh words at Gov. Cuomo along with a threat that his inquiry could even reach into the executive chamber.

Schumer is one of the leaders of the Senate Democrats in Washington, D.C., and generally in the thick of any battle over high-profile national legislation. But New York’s senior senator also stays closely involved back home, regularly weighing in on local issues and even making sure he visits all 63 counties every year. Dozens of former staffers have gone on to serve as elected officials or in other plum positions, giving him a network of grateful allies at every level of government.

#3 Sheldon Silver

#2 Dean Skelos

ASSEMBLY SPEAKER

SENATE MAJORITY COALITION CO-LEADER

Assembly Speaker Sheldon Silver, who recently passed the 20-year mark as leader of the state Assembly, is a veteran of countless budget and legislative battles, and wields the power of his huge Democratic majority with masterful skill. However, a series of sex scandals in his conference and an alleged kickback scheme by his former ally William Rapfogel have taken a toll on his authority and ability to deliver for his members. This year he failed to pass priorities like the DREAM Act, and secured only a weak campaign finance reform measure.

Senate Coalition Co-Leader Dean Skelos has expertly leveraged his relationships with two key power players: Gov. Andrew Cuomo, who has allied with Skelos to restrain spending and taxes, and Sen. Jeff Klein, the leader of the Independent Democratic Conference, whose partnership with Skelos allowed Republicans to maintain their hold on the majority. With Speaker Silver wounded, Skelos moves up a slot on our list.

city & state — April 21, 2014

cityandstateny.com

#1 Andrew Cuomo

OFF THE LIST

For a variety of reasons, 22 members of last year’s Albany Power 100 list dropped off our 2014 rankings. Here’s who was cut, where they ranked last year, and why they are no longer on the list.

SHIFTING TIDES

OUT OF ORBIT

Judy Rapfogel #24

Carolyn Ryan #25

Joshua Vlasto #27

Col Allan #26

Rex Smith #29

David Skorton #56

Jonathan Soros #37

Nirav Shah #73

Richard Iannuzzi #41 Sean Eldridge #75

HONORARY MENTION

Lou Ann Ciccone #80

GOVERNOR Was there ever any question Gov. Andrew Cuomo would be top dog again this year? Both on the political and the policy level, the governor always makes sure he is in charge. He craftily used the universal pre-kindergarten and charter school debates to teach New York City Mayor Bill de Blasio who's the boss in the Empire State. And despite upstate opposition to his SAFE Act, the governor looks poised to coast to reelection, with pundits speculating more about how much he will win by, rather than whether he will win.

Michael Gormley #81

ELDER STATESMEN

Brian Kolb #82

Jeremy Jacobs, Richard Ravitch,

Carol Kellerman #83

Mario Cuomo, James Buckley,

Casey Seiler #87

Gary Ackerman

Brian Coyne #88 John Cordo #97

THE CLINTONS

Bill Mahoney #98

Bill Clinton, Hillary Clinton,

David Grandeau #99

Chelsea Clinton

Our morning email delivers daily exclusives from City & State, as well as a curated summary of the day’s most pertinent headlines, editorials, news tidbits, schedules and milestones from across the political landscape in New York—all before 7 a.m.

Be the first to know. www.cityandstateny.com/subscribe for more information. cityandstateny.com

city & state — April 21, 2014

The Must-Read Morning Roundup of New York Politics and Government

city & state â&#x20AC;&#x201D; April 21, 2014

2014 RANK

2013 RANK

CHANGE

ANDREW CUOMO

Governor

No Change

DEAN SKELOS

Senate Majority Coalition Co-Leader

SHELDON SILVER

Assembly Speaker

-1

CHARLES SCHUMER

U.S. Senator

PREET BHARARA

U.S. Attorney for the Southern District of New York

JEFFREY KLEIN

Senate Majority Coalition Co-Leader

-2

LARRY SCHWARTZ

Secretary to the Governor

-1

HOWARD GLASER

Director of State Operations

-1

ERIC SCHNEIDERMAN

Attorney General

THOMAS DiNAPOLI

State Comptroller

-2

KIRSTEN GILLIBRAND

U.S. Senator

BILL DE BLASIO

Mayor of the City of New York

ROBERT MUJICA

Chief of Staff and Finance, Senate Republicans

No Change

JOE PERCOCO

Campaign Manager, Cuomo 2014

JAMES YATES

Counsel to the Assembly Speaker

-1

ROBERT MEGNA

State Budget Director

ANDREA STEWART-COUSINS

Senate Minority Leader

ROB SPEYER

Chairman, Real Estate Board of New York

GEORGE GRESHAM

President, 1199 SEIU

THOMAS LIBOUS

Senate Deputy Majority Leader

-10

JOSEPH MORELLE

Assembly Majority Leader

-9

JOHN EMRICK

Chief of Staff, Independent Democratic Conference

KEITH WRIGHT

Assemblyman; Chair, Housing Committee; Chair, State Democratic Party

+24

STEVEN M. COHEN

Former Secretary to the Governor

KATHRYN WYLDE

President and CEO, Partnership for New York City

-8

New

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Greenberg Traurig’s Albany attorneys provide a unique skill-set built on real government and business experience. This experience has enabled us to create a strong “on the ground” presence for our clients. Our attorneys have credibility with government decision-makers because of our reputation for sound analysis and effective advocacy. We work closely with clients to identify their goals and jointly develop a strategic approach that recognizes the unique factors, both substantive and political. GOVERNMENT LAW & POLICY TEAM GREENBERG TRAURIG, LLP | 54 STATE STREET | 6TH FLOOR | ALBANY, NY 12207 | 518.689.1400

WILLIAM A. HURST | Of Counsel hurstw@gtlaw.com JOSHUA L. OPPENHEIMER | Of Counsel oppenheimerj@gtlaw.com ROBERT M. ROSENTHAL | Of Counsel rosenthalrm@gtlaw.com ELIZABETH C. SACCO | Of Counsel saccoe@gtlaw.com LYNELLE K. BOSWORTH | Associate bosworthl@gtlaw.com JANE M. PRESTON* | Senior Director prestonj@gtlaw.com

Greenberg Traurig is a service mark and trade name of Greenberg Traurig, LLP and Greenberg Traurig, P.A. ©2014 Greenberg Traurig, LLP. Attorneys at Law. All rights reserved. °These numbers are subject to fluctuation. *Not admitted to the practice of law. 23200

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city & state — April 21, 2014

HAROLD A. ISELIN | Shareholder iselinh@gtlaw.com

2014 RANK

city & state — April 21, 2014

2013 RANK

CHANGE

JENNIFER CUNNINGHAM

Managing Director, SKDKnickerbocker

-3

WILLIAM RUDIN

Chairman, Association for a Better New York; President, Rudin Management Company

+13

MARIO CILENTO

President, New York State AFL-CIO

+25

KENNETH SHAPIRO

Partner, Wilson Elser Moskowitz Edelman & Dicker

SUSAN KENT

President, New York State Public Employees Federation

+34

GARY LaBARBERA

President, Building and Construction Trades Council of Greater New York

KENNETH RASKE

President, Greater New York Hospital Association

+10

KENNETH LANGONE

Billionaire venture capitalist and investment banker

-2

DANIEL DONOHUE

President, New York State Civil Service Employees Association

+12

MICHAEL MULGREW

President, United Federation of Teachers

BENJAMIN LAWSKY

State Superintendent of Financial Services

+16

STEPHEN ROSS

Founder and Chairman, The Related Companies

PETER WARD

President, New York Hotel and Motel Trades Council

+34

MERRYL TISCH

Chancellor, New York State Board of Regents

-5

LIZ BENJAMIN

Host, Capital Tonight

CARL HEASTIE

Assemblyman; Chairman, Bronx Democratic Party

HAROLD ISELIN

Albany Managing Shareholder, Greenberg Traurig

JOHN KING

Commissioner of Education of the State of New York

KENNETH LOVETT

Albany Bureau Chief, New York Daily News

+35

KARIM CAMARA

Assemblyman; Chair, Black, Puerto Rican, Hispanic and Asian Legislative Caucus

SUSAN ARBETTER

Host, The Capitol Pressroom; WCNY News and Public Affairs Director

+30

PATRICK FOYE

Executive Director, Port Authority of New York and New Jersey

+10

MELISSA DeROSA

Governor’s Director of Communications

+20

SURI KASIRER

Founder and President, Kasirer Consulting

ROB ASTORINO

Westchester County Executive

New 48

+6 New

New cityandstateny.com

2014 RANK

2013 RANK

CHANGE

JONATHAN LIPPMAN

Chief Judge of the State of New York

-13

NEAL KWATRA

Founder, Metropolitan Strategies; Chief Strategist, State Democratic Committee Campaign

New

STEVEN SPINOLA

President, Real Estate Board of New York

EVAN STAVISKY

Partner, The Parkside Group

No Change

NANCY ZIMPHER

Chancellor, State University of New York

STEPHANIE MINER

Mayor of Syracuse

DIANE SAVINO

State Senator

EMILY GISKE

Partner, Bolton-St. Johns

HEATHER BRICCETTI

President and CEO, The Business Council of New York State

KAREN MAGEE

President, New York State United Teachers

TIMOTHY DOLAN

Cardinal; Archbishop of New York

-40

BILL HAMMOND

Columnist, New York Daily News

ALFONSE D’AMATO

Founder and Managing Director, Park Strategies

+29

TOM PRECIOUS

Albany Bureau Chief, The Buffalo News

DAN CANTOR

Executive Director, Working Families Party

+19

JOSEPH MARTENS

Commissioner, NYS Department of Environmental Conservation

No Change

MICHAEL MCKEON

Partner, Mercury Public Affairs

+19

MYLAN DENERSTEIN

Counsel to the governor

-40

MICAH LASHER

Chief of Staff to Attorney General Eric Schneiderman

+25

VICKI FULLER

Chief Investment Officer, New York State Common Retirement Fund

New

CATHARINE YOUNG

State Senator; Chair, Senate Republican Campaign Committee

New

MICHAEL GIANARIS

State Senator; Chair, Democratic Senate Campaign Committee

HOWARD ZEMSKY

Managing Partner, Larkin Development Group; Chair, Niagara Frontier Trans. Authority

BILLY EASTON

Executive Director, Alliance for Quality Education of New York

EMMA WOLFE

Director of Intergovernmental Affairs for Mayor Bill de Blasio

cityandstateny.com

New

+2 New

+19 New

city & state — April 21, 2014

2014 RANK

city & state — April 21, 2014

2013 RANK

CHANGE

DEAN FULEIHAN

New York City Budget Director

New

E.J. McMAHON

President and Founder, The Empire Center for Public Policy

New

JAMES FEATHERSTONHAUGH

Former President, New York Gaming Association

TOM PRENDERGAST

Chairman, Metropolitan Transportation Authority

MICHAEL AVELLA

Partner, Meara Avella Dickinson

ELIZABETH LYNAM

Vice President and Director of State Studies, Citizens Budget Commission

JOHN DeFRANCISCO

State Senator; Chair, Senate Finance Committee

-39

FREDRIC DICKER

New York Post columnist, talk show host

-19

ANDREW ZAMBELLI

Counselor to the Governor

New

KEVIN LAW

President and CEO, Long Island Association

New

CARL PALADINO

CEO, Ellicott Development Company; former Republican nominee for governor

New

MICHELLE ADAMS

Managing Director for Public Affairs, Tishman Speyer

New

BRIAN SAMPSON

Executive Director, Unshackle Upstate

-3

HERMAN “DENNY” FARELL JR.

Assemblyman; Chair, Ways and Means Committee

No Change

PATRICIA LYNCH

President and Founder, Patricia Lynch Associates

-58

STEVE PIGEON

Political consultant

RICHARD RUNES

Lobbyist

EDWARD COX

Chairman, New York State Republican Committee

-44

TONIO BURGOS

Founder and CEO, Tonio Burgos and Associates

-3

BLAIR HORNER

Legislative Director, New York Public Interest Research Group

FRANK MacKay

Chairman, Independence Party of New York

-31

MICHAEL LONG

Chairman, Conservative Party of New York State

-42

JERRY KREMER

Chairman, New York AREA

New

JOANIE MAHONEY

Onondaga County Executive

New

ROBERT DUFFY

Lieutenant Governor

100

-42 New

+10 New

New

100

No Change cityandstateny.com

city & state â&#x20AC;&#x201D; April 21, 2014

cityandstateny.com

AL NT I EC EME P S PL P SU

NEW YORK STATE’S TOP 10 LOBBYISTS WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP PARK STRATEGIES KASIRER CONSULTING

GREENBERG TRAURIG,

MANATT, PHELPS & PHILLIPS, LLP

PATRICIA LYNCH ASSOCIATES, INC

OSTROFF ASSOCIATES, INC

BOLTON ST. JOHNS LLC

city & state —April 21, 2014

he New York State Joint Commission on Public Ethics (JCOPE) releases an annual report every spring which provides a wealth of data about the state’s lobbying industry including a ranking of its top lobbyists by compensation and reimbursed expenses. In our inaugural state lobbying supplement, City & State highlights the top 10 firms of 2013 according to JCOPE’s tabulation, and asks the principals at each firm to explain their strengths, their firm’s biggest highlights from 2013 and the most significant changes to New York State lobbying industry in recent years.

HINMAN STRAUB ADVISORS, LLC BROWN & WEINRAUB, PLLC

cityandstateny.com

#1 FOUNDED: 1978 TOTAL COMPENSATION IN 2013: $10,383,823 2012 RANK BY COMPENSATION: #1

KEY PLAYERS: Ken Shapiro, Lisa Marrello, Cynthia Shenker, Jerry Hoffman, Sam NeJame, Vicky Contino, Darrell Jeffers, Gerald Jennings, Chris Del Giudice, Anthony Piscitelli, Jonathan Bing, Alexander Betke, Jill Sandhaas, Stacey Rowland, Doug Clark WHAT ARE YOUR BIGGEST STRENGTHS AS A FIRM? When seeking assistance with issues related to government, Wilson Elser’s lobbyists are attorneys that can provide legal advice, that understand how to navigate the corridors of state and local governments, that can make sense

of the “alphabet soup” of regulatory bodies and are intimately familiar with those who establish and interpret the laws and regulations impacting you and your organization daily. Wilson Elser’s government affairs practice consists of multitalented, bipartisan professionals who have the unique advantage of being able to work closely and effectively with government officials of all political persuasions to develop innovative and lasting solutions to our clients’ most complicated issues. With a combination of solid legal skills, seasoned judgment and ready access to powerful players in New York’s government centers, Wilson Elser counts among its clients a

large and growing number of nationally and internationally recognized organizations, as well as nonprofits and local businesses.

museums, hospitality, racing and gaming, real estate, municipalities, government investigations and lobby law compliance, among others.

WHAT WAS THE HIGHLIGHT OF 2013 FOR YOUR FIRM’S STATE PRACTICE? With over 140 government affairs clients, Wilson Elser enjoyed many successful outcomes for its clients in 2013 in myriad areas including healthcare and hospitals, higher education, energy, financial and banking, insurance, not-for-profits, the automobile industry, nursing homes, the cell-phone industry, theaters and

WHAT HAS BEEN THE BIGGEST CHANGE IN THE LOBBYING INDUSTRY IN NEW YORK STATE OVER THE PAST FIVE YEARS? The biggest change in the industry, which Wilson Elser has embraced and supported, has been the increased level of disclosure that is required of lobbyists as a result of the changing lobbying laws and guidelines imposed by the Joint Commission on Public Ethics.

#2 KEY PLAYERS: Suri Kasirer, Julie Greenberg, Omar Alvarellos, Peter Krokondelas, Cynthia Dames, Shane Myers, Robert Sanna, Tracy Fletcher, Tyesa Galloway WHAT ARE YOUR BIGGEST STRENGTHS AS A FIRM? We consistently get positive results for our clients; that about sums it up. Our record of success on behalf of our clients is unmatched. Our focus is always on those we represent and the end result. Our clients do not just seek our advice, counsel and reasoned judgment—they want and expect results. That’s why we consistently rank near the very top in our profession. We deliver our services with a combination of hard work, integrity, professionalism, a deep knowledge of how government functions, a reservoir cityandstateny.com

of contacts across the state and, very importantly, our superb relationship with elected and senior government officials, as well as business, community and civic leaders. Our team has real experience working both inside government and also in the political world at high levels, so we understand how things work and the confluence where government and politics meet, allowing us to be uniquely positioned to achieve our clients’ objectives. WHAT WAS THE HIGHLIGHT OF 2013 FOR YOUR FIRM’S STATE PRACTICE? The most significant highlight of 2013 was securing the last piece of the puzzle needed to allow construction to begin on Cornell Tech’s future campus on Roosevelt Island. This approval and action involved a full ULURP along with a transfer

of 2.6 acres from the Roosevelt Island Operating Corporation to New York City and then to Cornell. This complex process involved negotiations between state, New York City and public authority leadership. This “game changing” project has recently begun demolition and will serve as a graduate school to hundreds of students beginning in 2017. It is anticipated that this school will produce tens of thousands of jobs for New Yorkers and, more important, fill a vacuum of needed jobs right here in New York State. WHAT HAS BEEN THE BIGGEST CHANGE IN THE LOBBYING INDUSTRY IN NEW YORK STATE OVER THE PAST FIVE YEARS? Lobbying has become increasingly professionalized over the last several years. We are proud to hold ourselves

to the highest professional standards in our industry. New Yorkers have also increasingly demanded broader and more meaningful stakeholder participation when key decisions are made that affect the public good. This is a healthy expectation overall, but one that requires skilled professionals to make certain that everyone’s views are taken into account and that consensus is developed in order to move an issue forward. It is critical to have not only a good-government affairs strategy but also one that encompasses and garners public support. The explosion of the up-tothe-minute news cycle has changed the lobbying industry as well. News across media platforms has changed not only in how people are receiving information but also how fast and the speed in which opinions now become formed.

city & state —April 21, 2014

FOUNDED: 1996 TOTAL COMPENSATION IN 2013: $6,450,302 2012 RANK BY COMPENSATION: #3

#3 FOUNDED: FIRM, 1967; ALBANY, 2002 TOTAL COMPENSATION IN 2013: $6,191,755 2012 RANK BY COMPENSATION: #4

KEY PLAYERS IN FIRM’S STATE PRACTICE: Harold N. Iselin, Albany Managing Shareholder; Robert M. Harding, Founding Shareholder, Albany Government Affairs Practice WHAT ARE YOUR BIGGEST STRENGTHS AS A FIRM? GT’s New York Government Law and Policy Practice has on-theground presence in both New York City and Albany. Our attorneys are part of a national practice named

“Law Firm of the Year” in the U.S. News–Best Lawyers 2014 edition of Best Law Firms for Government Relations, and have been consistently ranked among the top five lobbying practices in New York State and in New York City. Greenberg Traurig provides a unique skill set built on real government and business experience. Our approach includes collaborating with government decision makers and understanding key players’ priorities to foster “win-win” strategies that help our clients achieve their economic

BROWN & WEINRAUB, PLLC ATTORNEYS AT LAW

OUR EXPERIENCE DRIVES INNOVATIVE SOLUTIONS PRACTICE AREAS

city & state —April 21, 2014

Government Relations Health Care Consulting Corporate and Legal Affairs Business Solutions 50 State Street, 4th Floor Albany, NY 12207 (518) 427-7350 phone (518) 427-7792 fax

233 Broadway, Suite 2070 New York, NY 10279 (212) 566-4600 phone (212) 566-4063 fax

w w w. b row nwe i n r aub. co m

goals. Our team, complemented by attorneys in our Health Care, Real Estate, Environmental and Land Development practices, provide government affairs assistance to companies in a wide range of areas, including healthcare, environmental, energy, procurement, technology, transportation, gaming, construction, education and taxation. Whether defending against executive or legislative action or working to create and implement an initiative, solution or opportunity, our lawyers and lobbyists craft strategies tailored to the specific needs of our individual clients. In addition, our Albany office maintains one of the pre-eminent political law compliance practices in the state. We provide counsel regarding lobbying, ethics and campaign finance laws in New York State and New York City, as well as other states, local governments and the federal government. WHAT WAS THE HIGHLIGHT OF 2013 FOR YOUR FIRM’S STATE PRACTICE? GT regularly handles matters that, although they pertain to New York legislative or regulatory issues, have significant national importance. The work we were involved in during 2013 was no different. For example, on behalf of an international auto manufacturer, we moved New York to the forefront of the battle to stop the sale and distribution of counterfeit airbags. Just recently, manufacturers in several Asian nations began to manufacture and distribute airbags that look just like original replacement bags, but which universally do not deploy as intended by the vehicle manufacturer or expected by the operator. We identified the problem and drafted legislation aimed at providing law enforcement, including the attorney general, with the tools to crack down on the importation and

distribution in New York. Within months of introduction, New York had the model state law for addressing counterfeit airbags at the state level. Similarly, GT provides government affairs representation to one of the 10 top pharmaceutical companies in the world. This company manufactures, among other things, an intrauterine contraceptive. For years New York State held that GT’s client’s largest competitor’s product was exempt from sales tax, but required that sales tax be assessed on our client’s product. This created an unfair disadvantage for our client. In 2009 and again in 2010 applications were made to the New York State Department of Tax and Finance (DTF), urging the state to find that our client’s product qualified for the sales tax exemption provided for drugs and medicines under New York tax law. DTF repeatedly held that the drug should be taxed, despite its similarities to the competitor’s product. However, last year our client asked GT Albany to get involved, and after just a year of work our efforts resulted in DTF overturning the two prior opinions, holding that our client’s product is not subject to sales and use tax. Again, these efforts now are serving as a model for other states that struggle with the same tax issue. WHAT HAS BEEN THE BIGGEST CHANGE IN THE LOBBYING INDUSTRY IN NEW YORK STATE OVER THE PAST FIVE YEARS? There have been changes to the state and New York City lobbying laws and increased compliance obligations. In addition, the “hot” issues and public officials have changed. Still, at the end of the day, lobbying remains the hard work of learning the issues, understanding how to present your client’s issues to the key policy makers and working with the decision makers to ensure a fair result for your client. cityandstateny.com

#4 FOUNDED: 1999 TOTAL COMPENSATION IN 2013: $5,996,250 2012 RANK BY COMPENSATION: #8

KEY PLAYERS: Alfonse D’Amato, Founder and Managing Director; Armand D’Amato, Partner and Managing Director; Christopher D’Amato, Executive Vice President, Partner and Managing Director; Gregory Serio, Partner and Managing Director; David Poleto, Partner and Managing Director WHAT ARE YOUR BIGGEST STRENGTHS AS A FIRM? According to the firm’s website, Park Strategies has an acute knowledge

of markets, investors and numerous multinational corporations, allowing clients to achieve prosperity and expansion. The firm’s experience spans a diversity of fields and opens new doors that can save clients valuable time and resources. Over 100 years of combined experience in public and private sectors make it possible to identify key opportunities for clients’ business. Creating a clear direction through business, policy and regulatory constraints with expert precision provides clients with key opportunities for maximized growth

and performance. WHAT WAS THE HIGHLIGHT OF 2013 FOR YOUR FIRM’S STATE PRACTICE? Among the firm’s clients in 2013 were Microsoft, Verizon and Altria Client Services, which spent more on lobbying last year than any other entity. The firm also represented a number of healthcare systems and gambling entities, including two regional off-track betting corporations and at least one potential casino bidder. WHAT HAS BEEN THE BIGGEST

CHANGE IN THE LOBBYING INDUSTRY IN NEW YORK STATE OVER THE PAST FIVE YEARS? Although total lobbying spending in New York has dropped off a bit in recent years, Park Strategies has experienced remarkable growth. The firm, which declined to respond to questions from City & State, saw its total lobbying income rise to from $3.7 million to nearly $6 million, or a 61.9 percent jump, between 2012 and 2013. D’Amato, a former Republican U.S. senator, has also become less tied to his party affiliation.

FOUNDED: 1992 TOTAL COMPENSATION IN 2013: $5,861,375 2012 RANK BY COMPENSATION: #5

WHAT ARE YOUR BIGGEST STRENGTHS AS A FIRM? Bolton-St. Johns’ roots are in Albany, and our lobbyists have worked for years with the different members and leaders of the state Legislature, cityandstateny.com

executive branch and state agencies. We employ lobbyists who hail from all parts of the state, including Buffalo, Rochester, Albany, Long Island and the New York City area. The diversity of political and geographic alignments of our partners and employees means that we can identify and connect with the wide variety of legislators in the makeup of the Senate and Assembly. Since our lobbyists have worked in all facets of government and labor, including the state Department of Health and the Department of Taxation and Finance, we have a deep understanding of the ins and outs of the legislative and budgetary processes, as well as the state’s regulatory procedure and procurement practices. We provide our clients with unparalleled insight, comprehensive strategy and extensive research services. WHAT WAS THE HIGHLIGHT OF 2013 FOR YOUR FIRM’S STATE PRACTICE? Bolton-St. Johns serves over 100

clients from dozens of different industries, and since the success of our historic effort for marriage equality in 2011, we have looked to expand in several industries. One area of focus that continues to gain prominence is Bolton-St. Johns’ healthcare practice, which is led by Tom Connolly, a renowned expert on healthcare policy and regulation in New York. For years he has represented a wide range of healthcare institutions, associations and unions. The industry is growing at a rapid pace and, along with the ongoing implementation of the Affordable Care Act, is creating significant demand for government relations services. Bolton-St. Johns has been building relationships and expertise to meet this demand and stay ahead of the curve. 2013 was an extremely productive year, because we worked on one of the top issues to survive end-of-session legislative negotiations—the speed camera pilot program for school safety zones. Traffic safety is a huge concern

statewide, and has proven to be a bipartisan issue that many people can relate to. WHAT HAS BEEN THE BIGGEST CHANGE IN THE LOBBYING INDUSTRY IN NEW YORK STATE OVER THE PAST FIVE YEARS? Four consecutive on-time budgets are certainly a positive change for the state, as well as the legislative sessions closing on time, by the end of June. Consistent legislative timelines benefit everyone involved and allow for the efficient allocation of resources. When Andrew Cuomo started his term as governor, he put forth an objective to restore and revitalize Albany’s State Capitol building. The renovated Capitol encourages productiveness and gives an increase in confidence of the services and opportunity that our state provides. Now legislators, state employees and lobbyists alike get to spend time in a capitol building that fully expresses the beauty and quality of New York State.

city & state —April 21, 2014

KEY PLAYERS: Five partners lead Bolton-St. Johns’ statewide practice: Emily Giske, Giorgio DeRosa, Tom Connolly, Bill McCarthy and Ed Draves. New York City-based partner Michael Keogh also has a background in shaping and navigating the state’s legislative process. Together, the partners of Bolton-St. Johns cover all areas and aspects of New York State government, each with decades of experience working in Albany. Senior Vice President Jack O’Donnell, the firm’s Buffalo and Western New York representative, also plays a key role in our Albany practice, as well as transportation policy expert Pat Reilly, and BSJ’s newest addition, Michelle Cummings, a veteran in tax policy.

#6 FOUNDED: 2001 TOTAL COMPENSATION IN 2013: $5,540,251 2012 RANK BY COMPENSATION: #2 KEY PLAYERS: Patricia Lynch, President and Founder; Christopher Grimaldi, Partner and General Counsel; Paul Tokasz, Partner; Darren Dopp, Partner; Patricia Tinto;

Chantel Burnash

the top government relations firms in Albany, according to the company’s website, with a diverse client base encompassing multinational corporations and Fortune 500

nothing

WHAT ARE YOUR BIGGEST STRENGTHS AS A FIRM? Patricia Lynch Associates is one of

“In politics...

happens by accident.”

- Franklin Delano Roosevelt

city & state —April 21, 2014

Pitta Bishop Del Giorno & Giblin LLC

Government Relations, Lobbying, Consulting, Strategic Planning, Business Development, Crisis Management, Campaign Finance Compliance, Community and Public Relations New York

120 Broadway, 28th Floor New York, NY 10271 Telephone: 212.652.3890 Facsimile: 212.897.8001

Albany

111 Washington Avenue, Suite 401 Albany, NY 12210 Telephone: 518.449.3320 Facsimile: 518.449.5812

companies as well as smaller local groups and nonprofit entities. “No other firm can offer what PLA does—a mix of political acumen, media savvy and government expertise that works in unison to enhance your standing and achieve your objectives. Because of our unparalleled knowledge of the workings of state and local government and our extensive media relations expertise, PLA is uniquely positioned to develop and implement the most effective strategies to advance your issue or cause.” WHAT WAS THE HIGHLIGHT OF 2013 FOR YOUR FIRM’S STATE PRACTICE? Among the clients PLA had in 2013 were Cablevision, Coca-Cola, The Related Companies, the Greater New York Hospital Association and Pharmaceutical Research and Manufacturers of America. The firm touted a number of developments on its website during 2013, including the launch of a new speed-camera system outside New York City schools in crash-prone areas; Niagara University’s Global Tourism Institute, which is expected to be up and running in downtown Niagara Falls this year; a $750,000 increase in state funding for an elder abuse program at Lifespan, which includes intervention, education and training for victim assistants; and the construction of a Niskayuna Walmart Neighborhood Market. In late 2012 another client, Tappan Zee Constructors, won the bid to rebuild the Tappan Zee Bridge. WHAT HAS BEEN THE BIGGEST CHANGE IN THE LOBBYING INDUSTRY IN NEW YORK STATE OVER THE PAST FIVE YEARS? PLA, which declined to respond to questions from City & State, has seen its revenues decline in recent years, with a 17.5 percent drop between 2012 and 2013. Total lobbying in the state, which hit a peak of $220 million in 2011, has dropped off in recent years as well, to $205 million in 2012 and $210 million in 2013.

info@pittabishop.com

cityandstateny.com

Capalino+Company is a full service government and community relations firm in New York City.

Combining unparalleled experience, a broad range of relationships and a deep knowledge of government processes, we collaborate with our clients to successfully navigate the complex rules, regulations and politics of local and state governments.

w w w. c a p a l i n o . c o m

city & state â&#x20AC;&#x201D;April 21, 2014

212.616.5810

cityandstateny.com

URBAN PULSE By: Nancy Rankin, Vice President for Policy, Research and Advocacy, Community Service Society

Times Have Changed but the Workplace Hasn’t When a couple of well-known sportscasters let loose a tirade of criticism of Mets second baseman Daniel Murphy for missing two opening games in order to be present for the birth of his first child, it set off a fierce backlash of public opinion. The commentators were widely denounced as dinosaurs, completely out of touch with the pressures on today’s working families. Fortunately, our State Assembly gets it. Back in March the Assembly passed legislation updating our Temporary Disability program to provide weekly insurance benefits to employees on family leave to care for newborn children, a seriously ill family member or address needs related to a family member’s military service. To be sure, the legislation was as much about acknowledging our changing workforce as it was the government’s role in addressing large societal problems. Simply put, today’s working women and men need time to care for a new baby, a dying parent, or a family member dealing with devastating illness or injury. The proposed benefits would be paid for entirely by employees through small payroll deductions. Estimates put the cost at just 45 cents a week to start, and then rising to about 88 cents a week when the law is fully phased-in over four years. Unfortunately, the State Senate and Governor Cuomo have so far failed to act.

That’s a shame. Especially when you consider that the state budget approved earlier this month offered plenty for business this election year. Albany reduced the state’s corporate income tax rate, decreased taxes for manufacturers and cut taxes for big Wall Street banks. But on the crucial question of providing real help to working families by extending paid family leave and adequate benefits, New York came up short. If they fail to take up the Senate version of the Assembly bill, state lawmakers and the governor are essentially signaling their satisfaction with an antiquated system that lags behind other states. And New York will miss an opportunity to modernize its workforce laws and give 7.5 million private sector workers peace of mind knowing paid family leave will be there if and when they need it.

New York Lags Behind Other States Loss of income or a job can take a huge financial toll on families who need to take time off for family needs. Though the federal Family and Medical Leave Act (FMLA) enables some workers to take leave, it doesn’t cover 40 percent of the workforce. Moreover, because it is unpaid, the FMLA is little help to most New Yorkers who can’t afford to go weeks without a paycheck.

city & state —April 21, 2014

New York is one of five states with an insurance system already in place that can be used to provide paid family leave. It’s called Temporary Disability Insurance (TDI). Funded through small employer and employee premium contributions, TDI provides partial wage replacement when workers experience an off-the-job short term disability, including those related to pregnancy and recovery from childbirth. Currently, New York’s TDI program provides only five to seven weeks of meager benefits for recovery from childbirth. However, TDI provides no replacement income for bonding and nurturing a newborn, for new dads, or for caring for a seriously ill family member. More importantly, because New York has failed to adjust TDI for inflation since 1989, the maximum benefit ($170 per week) has lost more than half of its purchasing power. In fact, New York’s TDI is dramatically below that of every other TDI state where the maximum weekly benefits average $742. The bill passed by the Assembly would also gradually allow state disability benefits to catch up with rising costs of living. California, New Jersey and Rhode Island have successfully modernized their existing TDI insurance programs to include paid family leave. It’s not too late for the state to help working families and not add one dime to the budget. When lawmakers return this month to Albany, a top priority should be sending a paid family leave bill to the governor.

LEARN MORE www.cssny.org

#7 FOUNDED: 2001 TOTAL COMPENSATION IN 2013: $5,059,868 2012 RANK BY COMPENSATION: #7 KEY PLAYERS: Patrick Brown and David Weinraub, former senior advisors to Gov. Mario Cuomo, provide the vision and management for the government relations practice; Neil Benjamin and Carolyn Kerr, along with Dennis Norton, anchor the firm’s healthcare practice; Ron Rock and Ron Greenberg lead the procurement, IT, start-up and infrastructure practice; Jeff Buley, venerable legislative and election-law specialist; John Harris handles energy, environment and project development; and Sabrina Shulman leads the New York City government relations practice. WHAT ARE YOUR BIGGEST STRENGTHS AS A FIRM? The firm has been built on the principle of hiring a diverse staff of senior professionals with extensive policy expertise, including counsels to Democratic and Republican executive and legislative leaders; first deputy budget directors to Govs. Pataki, Spitzer, Paterson and Andrew Cuomo; deputy secretary for transportation; director of shared services; Department of Health director & liaison to the Berger Commission; vice president for government affairs at the United Health Group; chair, New York Federal Reserve Board; and counsel to clients on energy, environmental, transportation, regulatory, gaming, development, labor and housing issues. Clients include Fortune 500 companies in financial services, healthcare and information technology; not-for-profit entities, public institutions and closely held corporations. The firm deploys a team approach to clearly define the policy challenge, works strategically with our clients to evaluate the issues, and design the most appropriate outcome to meet the client’s objectives. At Brown & Weinraub, our experiences drive innovative solutions. WHAT WAS THE HIGHLIGHT OF 2013 FOR YOUR FIRM’S STATE PRACTICE? (1) In 2013, the firm successfully assisted an array of healthcare clients in identifying strategies to survive

and thrive in a reform environment. Included among our healthcare clients is the New York e-Health Collaborative, which we worked with to advocate for funding to build the nation’s first interoperable State Health Information Network (the SHIN-NY), which was included in the SFY 14–15 budget. (2) We provided key strategic advice to a team that closed a five-year-long negotiation culminating in the most significant state tax reform of the banking industry in decades. This reform modernized the taxation of banks to reflect historical changes in the financial services sector. 3) We developed and executed on a strategy for Tesla to preserve the opportunity for consumers to directly purchase their vehicles from the manufacturer. Our strategy included partnering with environmental groups and consumer advocates to effectively deliver the innovative and environmentally friendly vision of Tesla. WHAT HAS BEEN THE BIGGEST CHANGE IN THE LOBBYING INDUSTRY IN NEW YORK STATE OVER THE PAST FIVE YEARS? When theoretical policy meets operational execution, our clients face challenges that we are privileged to assist them with—whether better defining their internal strategies, advocating for policy changes or facilitating transactional matters. The state’s executive operations, regulatory review process, and legislative environment are increasingly being driven by data, public discourse and community engagement. As a result, we invest more time and effort in helping our clients build substantive, data-supported proposals, tailoring messaging of the reforms our clients seek, and developing innovative strategies for delivering that message to key policymakers and affected communities. In this new era, we work with clients to develop multifaceted plans that target all of the stakeholders—from elected officials to the press, local community leaders and beyond—who are key to the success of their goals. cityandstateny.com

#8 QUÉBEC DAY

IN ALBANY 2014 KEY PLAYERS IN FIRM’S STATE PRACTICE: James W. Lytle, Managing Partner of Albany Office; Marcia Alazraki, Patricia Boozang, Julia Donnaruma, Melinda Dutton, Anthony Fiori, Robert Hussar, Jay Martin, Erin McGrath, David Oakley, JoAnn Smith, Mark Ustin, James Walsh WHAT ARE YOUR BIGGEST STRENGTHS AS A FIRM? (1) Bipartisan, experienced and credible team, many of whom have served as gubernatorial advisors, state legislative staff or in senior positions throughout New York State government; (2) Reputation for knowing our issues, thanks to deep subject-matter expertise, both within the team and the firm, especially in the areas of healthcare, environmental and energy issues, insurance, transportation, not-for-profit law, housing, labor and human services; (3) Close collaboration with our robust and diverse governmental practices in New York City (headed by Claudia Wagner and Steve Polan) and Washington, D.C., providing one-stop shopping for clients with interests at multiple levels of government; (4) Thoughtful and practical political insights and a growing communications capacity—recently enhanced through addition of (nonlobbying) senior advisor Bruce Gyory; (5) Responsive, committed and persistent advocacy on behalf of clients, with a track record of achieving clients’ goals in highly contested and complex legislative, regulatory and procurement matters. WHAT WAS THE HIGHLIGHT OF 2013 FOR YOUR FIRM? • Obtained necessary state and city approvals to expand the U.S. Open tennis venue; • Successfully defended the award of the state’s contract for coverage of behavioral health services for state employees; • Secured eligibility for START-UP NY for business incubator and economic development entities associated with universities; • After getting insurance coverage cityandstateny.com

of autism enacted in 2012, obtained necessary legislative and regulatory changes to make it work; • Obtained authorization of Rural and Urban Community Investment Fund and secured funding for affordable housing;• Advanced legislation to permit the state’s low-performing organ donor registry to be operated by not-for-profit, subsequently incorporated in 2014–15 state budget; • Obtained passage of legislation to provide coverage for hemophilia medication in Child Health Plus program; • Supported enactment of Nonprofit Revitalization Act for nonprofit advocacy organization; and • Represented nonprofit providersponsored health plans relating to the launch of the state’s exchange and the expansion of managed care for Medicaid beneficiaries. WHAT HAS BEEN THE BIGGEST CHANGE IN THE LOBBYING INDUSTRY IN NEW YORK STATE OVER THE PAST FIVE YEARS? Since 2008, Albany has experienced three different governors, at least seven changes in Senate leadership and the scandal-related departures of a host of legislators, all of which required lobbyists to be nimble in an unsettled political environment—and to rely more on substance and their relationships with the professional legislative and executive staffs. Concern over ethics has resulted in heightened regulatory scrutiny of the lobbying industry and greater transparency in the roles played by lobbyists and their clients. The Cuomo administration has asserted greater influence over spending and policy direction, requiring lobbyists to focus on influencing complex regulatory policies by executive agencies. And lobbyists have increasingly been called upon to coordinate representation at multiple levels of government, often in collaboration with coalitions and other lobbyists, and to provide strategic, political and media guidance, as well as traditional lobbying services, to their clients. In a word: It’s complicated.

Regional Partners in Innovation

APRIL 28-29

April 28 th 3-5pm Info Seminar in partnership with Center for Economic Growth (CEG)

Québec - New York: Regional Partners in Economic Development and Innovation Empire State Plaza Convention Center meeting room 7 Seminar to begin at 3:30pm “Overview of Québec’s commercial and R&D relationship with New York” - Dominique Poirier, Québec Delegate General in New York “North Country - Strategic logistical hub for Québec & New York” - Garry Douglas, North Country Chamber of Commerce “Tech Valley and the innovation boom in New York State” - Michael Tucker, Center for Economic Growth

Panel 1: Fueling Electric Vehicle Adoption – Hydro-Québec / AddÉnergie / NY Bes+ / NYPA Panel 2: Strengthening the Tech Valley – C2MI / Clarkson University / Nano Québec / Rensselaer Polytechnic Institute For program updates: www.ceg.org/events/quebec-day/ RSVP: RSVPNY.econo@mri.gouv.qc.ca

28 th

April 5-7pm

Québec Day Reception

Legislative Office Building (“The Well”) RSVP by April 21 RSVP: Rsvp.ny@mri.gouv.qc.ca

April 29 th 8-4pm Advanced Energy Conference 2014 - Hilton, Albany 8-9 am: Electric Transportation in Québec Presentation by Dominique Poirier – Québec Delegate General in New York 9-10 am: EV Charging Infrastructure in Québec Presentation by Louis Tremblay: CEO of AddÉnergie 4-5 pm: Advanced Lighting in Québec Presentation by Greg Campbell, CTO, Lumenpulse

city & state —April 21, 2014

FOUNDED: LOS ANGELES OFFICE: 1965; ALBANY OFFICE: 2003 TOTAL COMPENSATION IN 2013: $5,057,373 2012 RANK BY COMPENSATION: NOT IN TOP 10

#9 FOUNDED: 1932 TOTAL COMPENSATION IN 2013: $4,957,329 2012 RANK BY COMPENSATION: #6

KEY PLAYERS: John Black, Jim Carr, B.J. Costello, Terri Crowley, Caron Crummey, Sean Doolan, Heather Evans, Mike Fallon, Jon Federman, Mara Ginsberg, Tracy Lloyd, Matt O’Connor, Don Robbins, Kelly Ryan and Janet Silver WHAT ARE YOUR BIGGEST

STRENGTHS AS A FIRM? Our biggest strength is the unique combination of substantive depth, political acumen and relentless advocacy. WHAT WAS THE HIGHLIGHT OF 2013 FOR YOUR FIRM’S STATE PRACTICE? The highlight of 2013 was

the continued expression of appreciation, trust and commitment conveyed by our clients. With many specific “victories” as well our share of “losses,” the fact that our most highly valued clients continued to have faith and confidence in our performance was both gratifying and humbling.

WHAT HAS BEEN THE BIGGEST CHANGE IN THE LOBBYING INDUSTRY IN NEW YORK STATE OVER THE PAST FIVE YEARS? The introduction of social media and the evolution of technology over the last five years have dramatically changed both the “retail” nature of lobbying and the arsenal of tools utilized to influence the process.

city & state —April 21, 2014

cityandstateny.com

#10

“Why Not-For-Profit Organizations Need Lobbyists”

KEY PLAYERS: Rick Ostroff, Scott Wexler, Barbara Lee Steigerwald, Diana Ehrlich, Chris Bombardier, Kate Corkery, David Wehner, Vanessa Bongiorno and Hal Rosenthal WHAT ARE YOUR BIGGEST STRENGTHS AS A FIRM? Over the years we’ve learned that with the right strategy and the right talent, there’s almost no issue in New York that can’t be successfully navigated. Our team at Ostroff Associates fully understands the executive, legislative, budgetary, regulatory and political processes of government. The backgrounds of our team are broad and diverse. We enjoy significant public policy and subject matter expertise across a wide range of issues and have tremendous experience representing clients before decision makers in and around government. Over the years our firm has been trusted for its integrity and credibility, which has been established through our hard work, problem solving, and the results we achieve for our clients. Ostroff Associates represents large corporations and major trade associations with broad agendas. We also assist smaller companies and nonprofits with very specific and target objectives. Our clients are not served by a single lobbyist but rather by a team of professionals who can best help them achieve their objectives. Our ability to diversify has allowed us to accomplish results for our clients at every level of New York State government. WHAT WAS THE HIGHLIGHT OF 2013 FOR YOUR FIRM’S STATE PRACTICE? We don’t generally discuss our client successes. In our view, our clients achieved success because people in government—key decision makers and elected officials—partnered with them in making the best policy decisions in cityandstateny.com

the interest of the state and our client’s business. One example of our work is our success in representing Steiner Studios, the largest movie and television studio complex on the East Coast, located in the historic Brooklyn Navy Yard. We spearheaded the creation of the New York State Film Production Tax Credit on behalf of Steiner Studios, which was signed into law at their ribbon cutting nine years ago. We’ve been successful renewing and expanding what started out essentially as an experiment. In the years since, film and TV production in New York has exploded, and we have the numbers to prove our case. Most recently, we worked with the executive branch and the state Legislature and other stakeholders to secure a fiveyear extension of the $420 million Film Production Tax Credit, which greatly helps to fuel the growth of Steiner Studios and the entire film production industry in New York. Anticipating continued growth, we further secured significant capital funding that will be used to expand Steiner Studios with a 50-acre media campus and add over 2,000 jobs. We were also very proud of our clients who generously helped the state and city with recovery efforts following Superstorm Sandy. Their support, which came in many forms, provided humanitarian relief to many hurricane victims. WHAT HAS BEEN THE BIGGEST CHANGE IN THE LOBBYING INDUSTRY IN NEW YORK STATE OVER THE LAST FIVE YEARS? As issues become more complicated, it is necessary to know more than the key players. The substance of an issue is a critical component to any successful strategy. We know our clients’ issues, their business and the industry in which they operate. This allows us to provide decision makers with our clients’ most effective argument based on substance and fact.

ust a few years ago, a New York state legislator expressed her dismay at the idea of a lobbyist representing a charitable organization, asking: “Why do nonprofits need lobbyists?”

Although we represent businesses in a wide array of endeavors—everything from pharmaceutical, insurance and energy companies to railcar manufacturers and casino developers—we devote much of our practice to representing nonprofits of every size and description, including two private universities, several agencies serving persons with disabilities, biomedical research and academic medical centers, cultural facilities, and associations of public broadcasters, talent agents, settlement houses and business improvement districts.

Whether we’re helping our clients shape and digest the Nonprofit Revitalization Act, combat caps on executive compensation, modify laws or regulations that govern their operation and finance or secure approvals or contracts from government agencies, we rely on our subject matter expertise, our public sector experience and our political acumen to navigate the challenging New York regulatory environment. And we remind policymakers that nearly 1.3 million New Yorkers are employed by not-for-profit organizations and that, of the top twenty employers in New York State, nine are not-for-profit organizations. So yes, not-for-profit organizations need lobbyists—just as New York needs its nonprofits.

James Lytle is the partner in charge of the firm’s Albany office and oversees the firm’s New York State legislative lobbying and regulatory practice. He represents a broad array of clients before the Legislature, the executive branch and the courts, both within New York State and beyond, generally regarding issues at the intersection of the public and private sectors for heavily regulated industries.

city & state —April 21, 2014

FOUNDED: 1995 TOTAL COMPENSATION IN 2013: $6,450,302 2012 RANK BY COMPENSATION: #9

REPORTED SPENDING ON ADVERTISING $35.00

$25.00

$20.00

$15.00

$30.80

$11.64

$4.82

2007

$29.11

2006

$6.43

2005

$6.95

2004

$4.31

$0.00

$6.11

$5.00

$28.53

$10.00

$29.61

COMPENSATION IN MILLIONS

$30.00

2008

2009

2010

2011

2012

2013

*BASED ON ADVERTISING EXPENSES REPORTED IN CLIENT SEMI-ANNUAL REPORTS

TOTAL COMPENSATION PAID TO RETAINED OR EMPLOYED LOBBYISTS 2013

2009

2008

2007

$140.00

$49.32

2010

$62.68

2011

$53.69

COMPENSATION IN MILLIONS

city & state —April 21, 2014

2012

$150.00

$160.00

$170.00

$180.00

$190.00

$200.00

*BASED ON COMPENSATION REPORTED IN CLIENT SEMI-ANNUAL AND PUBLIC CORPORATION REPORTS

cityandstateny.com

LOBBYING SPENDING

$220 $205

$200

$197

2009

$213

2008

$250

$210

$171

$144

$150

$149 $151

$120

$47

1995

$49

1997

$39

$51

1996

$39

1994

$50

$30

1993

$100 $55

$72

$80

$92

$66

2013

2012

2011

2010

2007

2006

2005

2004

2003

2002

2001

2000

1999

1998

1992

*BASED ON THE COMBINED FIGURES OF COMPENSATION AND EXPENSES REPORTED ON CLIENT SEMI-ANNUAL AND PUBLIC CORPORATION REPORTS

Ostroff Associates thanks all of our clients for another successful year. We appreciate being part of your team

OSTROFF ASSOCIATES, INC. 12 SHERIDAN AVENUE, ALBANY, NEW YORK 12207 TEL: (518) 436-6202 • WWW.OSTROFFASSOCIATES.COM

cityandstateny.com

city & state —April 21, 2014

Richard Ostroff • Scott Wexler • Barbara Lee Steigerwald • Diana Ehrlich Chris Bombardier • Vanessa Bongiorno • David Wehner • Kate Corkery • Hal Rosenthal Erin Waterhouse • Patricia Petracca • Eileen Renaud

A BRIEF HISTORY OF LOBBYING IN ALBANY

BRUCE N. GYORY

ack in 2012, Norman Adler and I co-authored a chapter entitled “Lobbying and the Interest Group System,” for The Oxford Handbook of New York State Government and Politics by Gerald Benjamin. I think our analysis has stood the test of time. Lobbying in Albany is much like working a Rubik’s Cube. The endgame often looks simple, but aligning all the colors can be an intricate process. Success emerges from assembling a broad coalition in support of a bill’s enactment, the adoption of a regulation or coalescing a critical mass of opposition so that a bill or regulation is defeated.

SOME OF MY BEST FRIENDS ARE LOBBYISTS WILLIAM F. B. O’REILLY

city & state —April 21, 2014

priest and a lobbyist arrive at the gates of heaven. They’re greeted by Saint Peter and given room assignments. The priest gets a tiny 10’ x 10’ cell; the lobbyist gets the penthouse suite. “That’s unfair!” grouses the father. “Do you know all the good I’ve done on earth?” Saint Peter smiles soothingly and explains: “Priests and rabbis are a dime a dozen up here, padre. This is the first lobbyist we’ve ever seen.” I know, I know. Lobbyists get little respect—only slightly more than repo men and political consultants. But in fairness to the craft—and this isn’t meant to be facetious—Albany wouldn’t be Albany, Trenton wouldn’t be Trenton and Sacramento wouldn’t be Sacramento without that steady stream of blue-suited favor-peddling public affairs professionals pounding the hallways…and the backs of elected officials. Governments would grind to a halt. Without lobbyists, legislators would have to read bills. Worse than that, they’d have to write them. Just

Lobbying shouldn’t be assessed in a vacuum. Government and politics operate within a continuous news cycle. Statewide radio shows like Susan Arbetter’s and Fred Dicker’s often drive the news cycle. Twitter postings and blogs have dramatically quickened the pace of state government. Errol Louis’ Inside City Hall and Liz Benjamin’s Capital Tonight put a coda on the day’s events. City & State’s First and Last Reads get tongues wagging at the beginning and end of every day. The print press still plays an overreaching role in molding public opinion in New York, but no longer can responses from interest groups and their lobbyists wait for the deadlines of the next morning’s papers. Lobbyists must now practice their craft with this continuous news cycle in mind. Forty years ago lobbying was a virtual cottage industry. Through the mid-1980s the lobbying community was still a comparatively small club. The Business Council and the state AFL-CIO tended to speak for business and labor on major issues, while local government associations lobbied for counties, cities and towns. A relatively few, mostly Albany-based law firms handled the more complicated lobbying issues. Today all that has changed. We

have seen an explosion of interest groups from both the corporate and not-for-profit sectors all wanting to aggressively advocate for their issues as New York State’s budget grew from $26.4 billion in fiscal year 1982–83 to the $142.1 billion proposed by Gov. Andrew Cuomo for fiscal year 2014– 15. That spawned a dramatic expansion in the number, texture and depth of lobbying firms to service their clients’ agendas (e.g., individual corporations, unions, universities, hospitals and other healthcare providers, as well as social service-based not-for-profits). National law firms, as well as major New York law firms, became key players lobbying in Albany. Non-law firms also joined the fray as major government relations firms. Small firms and solo lobbying practices flourished as well. Minority- and female-headed lobbying firms have also thrived in recent years. Nor is lobbying the sole province of lawyers, as successful lobbyists whose backgrounds are in policy, finance and public relations have jumped to the fore, handling highly specialized and complex issues (e.g., taxes, insurance and healthcare). Many ask, “Is lobbying effective?” The short answer is “yes.” Given that bills can be defeated at so many

different levels—before a bill reaches a committee vote, in a committee vote, or held in a dual reference committee, on the floor or with a gubernatorial veto—and for so many different reasons—staff objections on policy, political and policy objections from leadership or within the conference by members, for regional or ideological reasons, often as a result of media pressure—it pays to have lobbyists “on the ground” to impact that process at every turn. When dysfunction reigns, the public often blames lobbyists. But if New York really wants to significantly change the current lobbying system, it must first change the political consensus underlying the level of services and funding provided by state government. As Adler and I concluded in 2012, “In the final analysis, lobbying in New York has become an integrated component of the transmission system within the engine of state government.”

imagine what they might come up with. Actually, don’t. The world is frightening enough as is. Jokes aside, it’s no exaggeration to call lobbyists the oil in the engine of government. And the bigger and more complex governments get, the more capitol cartographers are necessary to traverse their gears and pistons— if you want to get things done. It’s as true at the local and state level today as it has been for two centuries in the quicksands of Washington. Fifteen years ago a college friend headed to Washington with a spectacular product for the intelligence industry. The product was a slam dunk. Everybody said so, especially those who worked in the dark arts. My friend was on every most-likelyto-succeed list; people begged to invest in his company, to get in on the ground floor. Some of us begged more successfully than others... But there was one problem. My classmate refused to hire a lobbyist on the Hill. Despite poking and prodding from a lot of savvy people, he stuck to his guns. His product was the class of the field, he stubbornly maintained, and contracts would materialize based on merit. Period. That company is now bankrupt, and my classmate was last seen doing the backstroke in the bottom quarter

of a fifth of Beefeater. I can think of a half dozen lobbying firms in New York that could have spared him that fate. Landing contracts and greasing the skids for legislation are not all lobbyists do, though. They serve an important public function too. Just like opposition researchers in political campaigns— another jilted profession—who raise valid objections to aspiring political candidates, lobbyists hoist red flags where red flags need to be hoisted. For every cockamamie new idea being advanced by one lobbyist, there is usually another pointing out its flaws. That may slow down the advancement of good ideas, but more important, it stops a lot of bad ideas from ever becoming law. That’s invaluable. In recent years Albany lobbyists have unfairly borne the brunt of cynicism over corruption in state government. (Isn’t it always the hooker who gets blamed for wiggling her hips, while the john gets away scot-free?) The rules lobbyists have to abide by as a result—the paperwork alone—are punitive and absurd. Lobbyists who always played it straight are the ones who cross every t and dot every i on those forms. The ones who want to play fast and loose continue to do so and always will, despite the paperwork they sign. Meticulous lobbying records do

offer one important public function, though, for those willing to dig. They explain a lot about the legislation being pushed in Albany and elsewhere today. My late Aunt Priscilla, a noted editor and Renaissance woman— she was the one who typed “Japan Surrenders,” announcing the end of the World War II as a UPI reporter— always advised newspaper readers to ask, “Who placed this story, and why?” If you can figure that out, she noted, you’ll get a pretty good idea of how the world works. Same goes for lobbyists. If you can find out who’s behind or against any given bill, you can learn a lot about its true intentions, which aren’t always apparent. That’s a good exercise for civics class. Albany lobbyists are the best in the business, and, on balance, they deliver a real public service. The only thing I would advise for them is a professional image makeover, perhaps with a catchphrase. I’m thinking: • Lobbyists: Isn’t it time you had one, too? • Lobbyists: Use us or end up swimming in gin, or • Lobbyists: At least we’re not PR flaks.

Bruce N. Gyory is a political and strategic consultant at Manatt, Phelps & Phillips LLP and an adjunct professor of political science at SUNY Albany.

illiam O’Reilly is a Republican political consultant. cityandstateny.com

ENVIRONMENT

SPOTLIGHT

ENVIRONMENT 50 Clean Up Time? 52 Following Mike’s Lead

54 Roundtable 56 Scorecard

city & state — April 21, 2014

58 ‘Big victory’ for Buffalo water quality

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TECHNOLOGY & TELECOM

Environmentalists push Legislature to renew state’s expiring Superfund and Brownfield programs By WILDER FLEMING

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Maya Wiley Counsel to Mayor de Blasio

Scott Stringer NYC Comptroller (Public Officials pending confirmation)

Featured Editorial Coverage: NEW YORK STATE’S DIGITAL PRIORITIES: City & State looks at the technological needs of New York from the unique perspective of new digital team members Rachel Haot and Andrew Nicklin. In the Bloomberg administration Haot, Nicklin and team were in charge of implementing the mayor’s plan to make broadband and Wi-Fi available and affordable throughout New York City. How are they bringing their experience to the state level?

WILL NYC BE A PERMANENT TECH MAGNET?:

city & state — April 21, 2014

Former Mayor Michael Bloomberg spent the second half of his mayoralty luring Silicon Valley’s largest tech companies to New York City. But what were the real factors that drew the Google’s and Facebook’s of the world to the Big Apple and will its reputation as a tech hub continue to grow? City & State looks at why tech giants and startups alike are settling into the five boroughs, and what Mayor Bill de Blasio can do to keep them there.

TECH & TELECOM SCORECARD • Key Stats & Numbers • Major Issues at Stake • A Rundown of the Key Players

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The New York Department of Environmental Conservation lists 826 superfund sites where cleanup is ongoing or has yet to begin.

unding for two of New York’s environmental cleanup programs is set to expire within the next two years, and although Gov. Andrew Cuomo included proposals for the extension of both in his original 2014 executive budget proposal, they were removed from the final $138 billion deal struck with the state Legislature last month. Now, with a little over two months left in the legislative session, advocates and lawmakers are still hoping to see the state Superfund and Brownfield programs extended—and in the case of the latter, reformed. “We thought that there was not enough time or opportunity to give it the attention that it needed in the budget

process, where things tend to be kind of rushed,” said Assemblyman Robert Sweeney, who chairs the Committee on Environmental Conservation. “We expect to have a discussion, which the Senate and the governor agreed to, before the end of session.” The programs appear similar at a glance: Both serve to clean up the environment, and state lawmakers have historically dealt with them simultaneously. “As far as we’re concerned, Brownfield and Superfund are tied together,” Sweeney said. “That’s always been the Assembly position.” But they are based on different principles—Superfund is a damage control strategy with the sole purpose cityandstateny.com

While the governor’s proposal would have extended the 11-year-old Brownfield program for another 10 years—a time frame taking into account the long-term nature of land development projects—Cuomo’s proposed Superfund extension was for one year only. “Traditionally Superfund has had long-term funding—these are sites that take decades to clean up,” Haight said. “I think the governor doesn’t want to do that long-term bonding because it would bump up against the state’s debt cap.” The Senate, which supported Cuomo’s Brownfield proposal, did not include an extension of Superfund in its budget proposal. The state’s original Superfund program was created in 1982 to account for sites not covered by the federal cityandstateny.com

Louis J. Coletti President & CEO

ENVIRONMENT

program. It was credited with cleaning up over 300 sites between 1982 and 2001, at a cost of over $1 billion. As of March 2013, the state Department of Environmental Conservation had designated over 1,600 sites as “cleaned up” or do “not require further action.” The department also identified 826 sites that were being addressed or were in need of being addressed, 483 of which are classified as “significant threats.” Finally, some 2,400 sites were listed as “in need of evaluation.” The Brownfield program, which is set to expire at the end of 2015, was enacted in 2003 alongside the Superfund program, which had gone unfunded since 2001. Despite broad support for its continuation, Brownfield has also disappointed environmental advocates and lawmakers alike, who say the return on investment has not been satisfactory. “We spent more than $1 billion to clean up just 150 sites in the life of the Brownfield program, and there were thousands out there that needed cleaning up,” said Peter Iwanowicz, executive director of Environmental Advocates of New York. “The system has been skewed so that tax credits are going to build lavish properties … like the Ritz Carlton in White Plains,” Iwanowicz added. “We’d rather see the tax credit skewed toward cleanup and toward communities that are significantly and economically disadvantaged.” Cuomo’s original proposal aligned roughly with Iwanowicz’s views: limiting the program’s availability to properties and parts of the state that need incentives for development by only providing redevelopment tax credits for sites abandoned for over a decade or deemed to be worth less than the cost of cleaning them up. “Brownfield is interesting because everyone in all three houses—the governor’s team, as well as the two sides of the Legislature—everyone wants to do something this year,” said Dan Hendrick, vice president for external affairs at the New York League of Conservation Voters. “I’m sure they’re getting an earful from business leaders in their own communities.” Lawmakers on both sides of the aisle admit they don’t expect a lot of legislation to be passed in the final months of the session, in part because it is an election year, but advocates and lawmakers say they are tentatively optimistic a deal will be reached on Brownfield. Whether Superfund legislation will be tied to it is not as clear.

BUILDING TRADES EMPLOYERS’ ASSOCIATION Representing 2,000 New York City Union Contractors

NON-UNION CONSTRUCTION COSTS LIVES There is nothing more important to a union contractor then to make sure they provide a safe work site to ensure all our workers go home to their families safe and sound and to protect public safety. Sadly, that does not seem to be a value shared by non-union contractors. There have been three construction fatalities this year– all on nonunion job sites. One, on a four story building in Brooklyn, another at the Dream New York Hotel on West 55th Street and another at 424 West 33rd Street. Construction deaths on non-union projects are no surprise. Statistics from the U.S Occupational Safety and Health Administration show that over the last 5 years some 72% of construction fatalities in New York City each year were on non-union job sites.

At the Dream Hotel, the victim’s body was left lying on the ground with no one on site when officials responded. It took two days to identify the victim. At the 424 West 33rd Street site, officials reported the victim had not yet been identified three days after the fatality.

THESE STATISTICS AND STORIES DON’T JUST SHOW CARELESSNESS; THEY SHOW CALLOUSNESS. Flintlock Construction Services, a large non-union contractor, was fined $272,720 including $233,000 in fines for Willful Violations of worker safety resulting in them being placed on OSHA’s “Severe Violator Enforcement Program.” Why aren’t all their building permits revoked? Non-union contractors don’t care about worker or public safety. Union contractors spend millions of dollars providing their workers safety equipment and training. Is there a better reason to build with union contractors? Good construction is safe construction. Safe construction is union construction. Non-union construction costs lives.

1430 Broadway, Suite 1106 | New York, NY 10018 www.bteany.com

city & state — April 21, 2014

of monitoring and cleaning up the hundreds of toxic waste dumps that pose immediate health threats to communities around the state, while Brownfield is an economic development program that provides tax credits to private developers in exchange for cleaning up contaminated properties before building on them. “There is a different approach between the two,” said Laura Haight, an environmental analyst from the New York Public Interest Research Group. “The Brownfield program is really an incentive for developers to clean up sites, whereas the Superfund program—those are the most toxic sites in the state. They can’t be cleaned up easily.”

ENVIRONMENT

FOLLOWING MIKE’S LEAD

De Blasio Continuing Many Of Bloomberg’s Environmental Policies By AZURE GILMAN

city & state — April 21, 2014

ven the most ardent critics of former mayor Michael Bloomberg would concede that PlaNYC was a landmark moment for municipal environmentalism. Unveiled in 2007, the initiative pushed for the planting of one million trees, increased bike lanes and pledged to reduce greenhouse gas emissions, among other changes. But despite his best efforts, Bloomberg did not entirely fulfill his dream of a gleaming green metropolis. His Manhattan congestion pricing plan met a painful death in Albany, where his brook-no-arguments style did not endear him to state legislators. Naysayers labeled it a regressive tax on the working class, though it would have been a valuable new source of revenue for the MTA, and also would have reduced carbon emissions. This stumble notwithstanding, PlaNYC receives praise from unlikely quarters. “I tell people, ‘If you can’t stand Bloomberg, even a broken clock is right twice a day. If you don’t like anything else he did … you have to give the devil his due,’ ” said Eddie Bautista, Executive Director of the New York City Environmental Justice Alliance and a former Bloomberg official. Even current Mayor Bill de Blasio, who has certainly never been hesitant to criticize his predecessor, praised Bloomberg’s environmental efforts during his campaign. “I think Bloomberg’s broad vision of the environment in New York City is something I agree with,” de Blasio said in an interview with The Nation. Now mayor, De Blasio seems willing to keep the baby and

throw out the bathwater when it comes to Bloomberg’s legacy on the environment. He established some ambitious objectives during his campaign with his program “A Framework for a Sustainable City,” including ending the use of Styrofoam by the city’s government and achieving zero waste. De Blasio is also recycling some of Bloomberg’s staff. Emily Lloyd has returned as commissioner of the Department of Environmental Protection, the same role she served in under Bloomberg from 2005 to 2008. DEP COO Kathryn Garcia was appointed commissioner of the Department of Sanitation, and Special Initiative for Rebuilding and Resiliency architect Dan Zarrilli is now the director of the Office of Recovery and Resiliency. One thing most activists agree on is that environmental justice is about to have its moment in the sun under de Blasio. His rhetoric on inequality and wealth discrepancy folds well into environmental causes such as broader access to green spaces and a waste management plan that alleviates the burden on low-income neighborhoods. “There are encouraging signs that a focus on environmental and quality of life issues will continue even if the priorities won’t be identical to Mayor Bloomberg’s,” said Eric Goldstein, a senior attorney at the National Resources Defense Council. “It’s likely that environmental protection and sustainability issues will be reframed with a focus on advancing environmental programs that also address the administration’s

equity concerns, and that’s fine. The important point is that the focus on sustainability that was begun by Mayor Bloomberg does not look like it will disappear.” The environment might be a vague catch-all term, but one area of specific concern to coastal cities like New York is the flooding and unpredictable weather events that have been occurring with increasing frequency in recent years. In New York there is the added complication of the location of heavy industry along the waterfront, making those facilities particularly susceptible to flooding. A major criticism of the Bloomberg administration was its rezoning of waterfront areas for dense development—an approach which remains contentious. “Williamsburg and Greenpoint are two prime examples: There’s a lot of construction on the waterfront— that’s not a bad thing,” said Roland Lewis, president and CEO of the Metropolitan Waterfront Alliance. Lewis added, “There are some neighborhoods in Staten Island and elsewhere where it’s going to be very hard to maintain these neighborhoods in terms of sea level rise over the long term. Places like the Rockaways and Oakwood Beach. Building near the water, not on the water, is still something that’s viable to do, and we’re not against that.” De Blasio has the opportunity to concentrate on attainable and measurable goals like increasing low recycling rates and improving sanitation. He also faces the near existential crisis, however, of rebuilding in the wake of Superstorm

Sandy. Earlier this month, de Blasio announced changes to the Build It Back program, setting a clear target of starting construction on at least 500 homes and issuing 500 reimbursement checks by the end of this summer. He also called for better engagement with the community and a desire to cut through red tape between the Department of Housing and Urban Development and the city. Also impacting New York City is Gov. Cuomo’s proposal to buy out homeowners living in areas of New York City particularly susceptible to future storms. That plan requires federal approval. Most activists support the idea, but they think all levles of goverment should take a smarter approach. “It’s really a complicated mix of the desire to build a community back and the New York sprit of resiliency, but then there’s also climate change,” Bautista said. “And then you’ve got people—just because they’re homeowners doesn’t mean they’re rich: lower middle income families that own [houses] along the shoreline in Staten Island that can’t recoup the equity in their homes.” “We really believe that all communities should be equipped and better able to handle extreme weather events,” says Emily Maxwell, director of the Nature Conservancy’s Urban Conservation Program. “And we would like to see the city pursue adaptation strategies that utilized nature and natural defenses or infrastructure, like natural shorelines and wetland barriers.” cityandstateny.com

Get Green: South Bronx Earth Fest 2014 A Grassroots Celebration of the Environment and Culture of the Bronx

ENVIRONMENT

It’s Time to Get Green! Saturday, May 17 12 Noon – 4:00 PM St. Mary’s Park (St Ann’s Avenue and 147th Street in the Bronx) This year, Get Green: South Bronx Earth Fest marks its seventh year bringing environmental education and family fun to the Bronx community. The 2014 Get Green festival will feature exhibits and information on ways New Yorkers can work together to protect the environment, strengthen our neighborhoods and communities, and build a sustainable city for all. Join Bronx Borough President Ruben Diaz, Jr. and community leaders for an afternoon full of activities, music and entertainment with a green theme.

This year’s Get Green event will honor the contributions of Bronx leaders and organizations who are making a difference in the communities they serve. The honorees include: Tanya Fields Blk Projek

Lisette Nieves Betances Community Center

Wanda Salaman Mothers on the Move

Jean Pierre Lacour Bronx Works

Tim Reeve World Vision

Lisa Sorin Westchester Square Business Improvement District

As North America’s leading environmental services company, Waste Management is proud to be a founding member and sponsor of Get Green: South Bronx Earth Fest. Angie Espinal South Bronx Overall Economic Development Corporation 718-732-7619 aespinal@sobro.org WWW.FACEBOOK.COM GETGREENSOUTHBRONXEARTHFEST In the case of rain, the South Bronx Fest will be held at The Betances Community Center across from St. Mary’s Park at 547 East 146th Street

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city & state — April 21, 2014

For more information about Get Green, including sponsorship opportunities, please contact:

ENVIRONMENT

THE ROUNDTABLE

JUDITH ENCK

city & state — April 21, 2014

Q: Last year President Obama released a climate action plan. What does it mean for New York? JE: It means that other states will hopefully catch up to where New York is. New York already has the Regional Greenhouse Gas Initiative, essentially a cap and trade program, and the state has been effective in driving down carbon pollution. Climate change is by definition a global issue, so you really do need a national if not an international approach. The president has laid out a really comprehensive strategy, and one of the most important features is that for the first time ever there will be national regulations to require the reduction of carbon pollution from fossil fuel plants. One of the assignments the president gave in June was directing the EPA to do this new set of regulations. We’ve carved it into two pieces: The first, which we released last year, requires proposed fossil fuel plants to reduce carbon emissions. Then this June we will be proposing regulations for the first time that require existing coal, oil and gas plants to reduce their carbon emissions. This is a real game changer for climate change. Q: What is the latest on the Gowanus Canal cleanup in Brooklyn? JE: On Sept. 30 the EPA finalized a plan to clean up the Gowanus Canal, and the final plan required removing a large amount of contaminated sediment accumulated on the bottom of the canal. So we will do some dredging and put a protective cap over the area. The plan will also require reductions in pollution from sewage discharge that goes into the canal. This has been met with strong local support by the community and elected officials. Several years ago the Bloomberg administration did oppose listing this water body as a federal Superfund site,

but once it was listed the community has been very supportive. The only folks opposing it are the companies that have to pay for the cost of cleanup and the City of New York. The cleanup plan is estimated to run about $506 million, which is not cheap, but it comes on the heels of over a century of industrial dumping into this water body. We’re now to the design stage of this cleanup. Our initial plan laid out the option of an aquatic disposal facility in Red Hook, which drew strong opposition, but we took that out of the cleanup plan. What we’re going to do is dredge, cap and then send the contaminated sediment by barge out of state to a licensed hazardous waste disposal facility. Getting this water body cleaned up will actually economically benefit this neighborhood. Q: Does the EPA deal with hydrofracking? JE: The federal Energy Policy Act of 2005 exempted high volume hydrofracking from many of the nation’s federal environmental statutes. This leaves a lot of responsibility in the hands of the state. However, that does not mean that the EPA is not playing a role. One of the most important things the EPA is doing is a national research study on the potential impacts of hydraulic fracturing on drinking water resources. Congress directed us to do this study, and I think the science will help inform the public and provide the state of New York and others with a higher level of scientific knowledge on potential water impacts. We expect to see the first draft by December of this year.

PAUL TONKO

Q: What is your top goal in your new role as ranking member of the Subcommittee?

PT: Certainly our top priority is to wean ourselves off of our dependency on fossil fuels and transition to an innovation of our energy supplies through American know-how. Also, it is to respond to the menace of climate change in a productive manner. Q: What legislation is a top priority? And what are their chances? PT: It’s very difficult, because with my colleagues on the other side of the aisle, a focus on clean energy and environmental initiatives comes into conflict with the promotion of economic development and putting people back to work. Nothing could be farther from the truth. The two work hand in hand. When we focus on developing new technologies and new markets, we open up the potential to put millions back to work, all the while greening our environment for future generations and eliminating that insatiable thirst for foreign oil. It’s a dependence that really makes no sense. American energy consumers send hundreds of billions of dollars over to foreign treasuries, many of which are from nations fighting the U.S. Environmentally it makes no sense and economically it makes no sense. The same goes for climate change. I’ll never understand how climate change—something that affects every one of us, regardless of politics and party affiliation—has become a partisan issue. If you can’t buy into a concept that 97 or 98 percent of scientists embrace, then see it as an economic development agenda. See it as putting Americans back to work in an innovative [way] that allows [us] to not rely on others for our resources. Q: One local issue is crude oil being shipped by train through Albany. PT: I’ve been working with local groups and tying that message to the structure here. I believe we’re going to have Transportation Committee hearings, and I’ve sent a letter off to DOT for a number of reasons. Public notification should be addressed. Community first liners have a right to know, the community in general has a right to know and the healthcare community has a right to know. As you’re responding to an incident, you should know what’s in those cars. Also, the transport in “111” cars may be an inappropriate response. The Canadian government has denounced [it], and I don’t think [it] is the right technology. And the Bakken crude may need to be listed higher as a hazardous substance. ...

The potential for spills and leakage and consequences is real. Q: The Lower Hudson Valley Capacity Zone was approved by the Federal Energy Regulatory Commission and promotes the building of new power plants but has drawn complaints because it is expected to raise rates. PT: We should always see energy efficiency as our fuel of choice. While I understand the constraints within metro New York City, we have to embrace energy efficiency to avoid having to build plants. There are many ways in businesses and homes and skyscrapers to improve efficiency, which could provide a major benefit, and to encourage investment in infrastructure, which equates to lower costs down the road. The grid system was designed for a monopoly setting, but there needs to be an upgrading there.

JOE MARTENS

Q: What is your current top environmental priority? JM: Climate change is having an impact on our weather, and over the past several years many communities have been impacted by devastating storms. New York is rebuilding smarter and stronger, and DEC is working with federal, state and local partners to increase our resiliency and strengthen our storm defenses to protect communities, businesses, farms and homes. As part of [these] efforts, we are addressing sea level rise associated with climate change, which can increase the risks for severe storms and beach erosion. We are also involved in numerous projects that will strengthen New York’s infrastructure to better withstand storms and limit storm damages. New York is also collaborating with others states through the Regional Greenhouse Gas Initiative (RGGI) to cityandstateny.com

city & state â&#x20AC;&#x201D; April 21, 2014

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ENVIRONMENT

ENVIRONMENT city & state — April 21, 2014

reduce carbon dioxide emissions that contribute to climate change. A new lower emissions cap was implemented this past year, and we continue to make investments to increase energy efficiency and reduce our reliance on fossil fuels. Q: The new state budget adds $9 million to the Environmental Protection Fund, bringing it to $162 million. What will the money be used for? JM: For more than 20 years the EPF has provided critical funding for vital environmental projects, including open space protection, solid waste management, pollution prevention and stewardship. Gov. Cuomo and the State Legislature have demonstrated their support of the EPF by increasing funding for various programs in this year’s EPF, including increased public access to public lands, resiliency reforestation and planting to create stream and coastal storm buffers, agriculture waste management, urban forestry and water quality improvements in Suffolk County to reduce nitrogen loading that affects our waterways. Q: There have been growing concerns about crude oil shipped through Albany. What is the DEC doing to ensure shipments are safe? JM: The safety of all New Yorkers is our highest priority. Under the direction of Gov. Cuomo we are working closely with our sister agencies at the state and federal levels to closely review all issues related to crude transportation and storage in New York. The Cuomo administration has taken a series of actions to safeguard New York’s residents, communities, waterways and lands from potential serious incidents involving the increased shipment of volatile crude oil by rail or vessel in the state. Under Executive Order 125, issued in January, the governor directed a comprehensive assessment of safety procedures and emergency response preparedness related to the shipment of crude oil. New York is also urging the federal government to revise design specifications and expedite the phase out of older, unsafe rail cars, implement more stringent standards to test crude oil, and review the routing of crude oil to ensure the most appropriate routes. The state is also implementing an aggressive enforcement and inspection effort to prevent train derailments. No other state in the nation has been as aggressive in pursuing action that will help to ensure the public and

our environment are protected from accidents related to the transport of crude oil. We will continue to be vigilant in our efforts to protect public safety, public health and our environment.

DONOVAN RICHARDS Chair, New York City Council Committee on Environmental Protection Q: Where can the City Council factor into the conversation about making New York City’s infrastructure more resilient? DR: The recent explosion in East Harlem highlighted the state of our decaying infrastructure. While the current framework was appropriate at the turn of the century, today it leaves much to be desired. I believe my position as chair of the Council’s Environmental Protection Committee enables me to be a part of discussions regarding infrastructure and adapting it to this century. I personally would like to see our infrastructure move entirely away from dependence on fossil fuels to greener alternatives, and I believe that the Council is uniquely positioned to enact such change. Q: Is New York City’s air quality up to snuff for a major city? DR: According to the Department of Mental Health and Hygiene, over 2,000 New Yorkers die annually due to complications that can be attributed to air pollution. Regardless of where New York ranks domestically and internationally, this number is simply unacceptable. I am currently drafting legislation that will comprehensively update the air code, identify previously ignored sources of pollution, establish an air quality task force and, lastly, expand the Department of Environmental Protection’s ability to monitor and enforce against air code violations. Q: Are you exploring the merits of green infrastructure and incorporating elements into new construction in the city?

DR: Green infrastructure is integral to the future development and sustainability of New York City. It has been more than exciting for me to familiarize myself with technology such as biodiesel and geothermal energy, which can address our current and future environmental concerns. Including green infrastructure in the framework of the city will definitely be a priority during my tenure as chair. Q: How can the city better utilize alternative energy sources such as wind or solar? DR: The city should explore options to end our dependency on fossil fuels and transition to renewable energy. I am certain that part of that transition will include harnessing clean sources. Our city must care for its most valuable commodity— New Yorkers. Any major changes to our infrastructure must include our communities in the exploratory and decision-making process. Currently I am exploring the option of transitioning to solar energy for NYCHA housing. Community buyin is a leading factor in guaranteeing the future success and longevity of a project of this magnitude, and I anticipate great things.

management system on historically overburdened neighborhoods and by establishing specific transfer stations for residential waste-sheds in every borough. Q: The previous administration established some pilot composting programs. Are there plans to further expand these programs? KG: Food waste and other organic materials make up about a third of the residential waste stream, and we spend millions of dollars every year to send it to out-of-state landfills. We are committed to exploring ways to divert organics from the solid waste stream in a cost-effective and sustainable way. [On April 10] we announced an expansion of the curbside organics collection program to Bay Ridge, Sunset Park, Windsor Terrace and Park Slope in Brooklyn, and portions of Glendale, Middle Village and Maspeth in Queens. That’s in addition to existing pilot areas in Staten Island, Manhattan, the Bronx and Brooklyn.

Commissioner, New York City Department of Sanitation

Q: How can New York City improve its recycling rate after a steady decline over the last decade? KG: In some neighborhoods New Yorkers are doing a great job at recycling. In others we clearly have work to do to educate residents, building staff and property owners about the program and make sure that people have access to the right infrastructure and information. By recycling rigid plastics, expanding organics collection, and expanding our textile and electronics programs, we hope to see the recycling rate increase. But the recycling rate that we report does not capture everything that New Yorkers are doing. Over the last decade, the amount of waste going to landfills has decreased dramatically, even as the city’s population has increased.

Q: How will the city address the “borough equity” waste removal issue going forward? KG: The Department of Sanitation will improve our outreach and recruiting to traditionally underrepresented waste-sheds groups, including women, to make sure that our department better represents the city we serve. We are also committed to the idea that waste generated in one borough should not be a burden on another. The Solid Waste Management Plan embodies this principle by reducing the impacts of the city’s waste

Q: NYC spends over $300 million a year to export waste to landfills outside the city. Is there a way to do this more cost-effectively? KG: We are always looking for ways to do our job more cost-effectively. Frankly, trucking more than 10,000 tons of garbage each day to a landfill is an expensive proposition, and the best way to reduce costs is to reduce the amount of waste we generate and increase the amount we recycle. There is value in almost everything we throw out. The challenge is to identify the tools and processes to extract this value from the waste stream.

KATHRYN GARCIA

cityandstateny.com

THE ADVOCATES In the ongoing fight over hydrofracking, the main support has come from Brad Gill¸ from the Independent Oil and Gas Coalition of New York, and attorney Scott Kurkoski, who represents the Joint Landowners Association. The number of advocates opposed to the controversial drilling technique are vast, and include celebrities such as Mark Ruffalo and Natalie Merchant, but the most active inside the halls of the capitol have been the Environmental Advocates of New York’s Peter Iwanowicz and Katherine Nadeau. On other issues facing the state, like Brownfield reform, the New York League of Conservation Voters Dan Hendrick is a leading advocate. And NYPIRG’s Laura Haight is pushing for a long-term extension of the state Superfund program.

THE PLAYERS THE STATE In his budget Gov. Andrew Cuomo once again increased the Environmental Protection Fund and announced the investment of more money into his NY-SUN solar power plan. Joe Martens, commissioner of the Department of Environmental Conservation, oversees the state’s ongoing review of hydrofracking. Both the governor and commissioner have raised concerns about the increased transportation of crude oil in the state. Richard Kauffman, cityandstateny.com

who was appointed New York’s firstever chairman of energy and finance last year, continues to oversee the implementation of the state’s Green Bank. THE CITY Mayor Bill de Blasio is expected to continue many of the environmental initiatives championed by his predecessor, Michael Bloomberg. De Blasio has already tapped several Bloomberg administration staffers, including Emily Lloyd as the new commissioner of the Department of Environmental Protection, and Kathryn Garcia as the new commissioner of the Department

THE ISSUES CLIMATE CHANGE In January Andrew Cuomo and Vice President Joe Biden announced a $17 billion plan to revamp the state’s infrastructure in order to prepare for climate change, using a combination of state funds and federal dollars appropriated for recovery from storms Sandy, Irene and Lee. Cuomo also allocated an additional $1 billion to the budding NY-Sun program for solar energy projects around the state, and last year launched a Green Bank, which aims to use public dollars to convince private financial institutions to invest in early-stage

renewable energy markets with the goal of making them independently sustainable. HYDROFRACKING The debate over whether to allow high volume hydraulic fracturing in New York has cooled for now. Gov. Andrew Cuomo’s environmental commissioner, Joe Martens, announced in January that there was no room in the budget for industry oversight and that he won’t be issuing regulations on the controversial gas-extraction process until at least April of 2015. Cuomo has indicated that the results of an ongoing Health Department study will also be necessary for him to make a decision, but there is no timetable for its completion. CRUDE OIL CONDUIT? Debate is heating up over increasing shipments of crude oil moving through the state. Originating in the booming Bakken fields of North Dakota and Montana, the oil is shipped to Albany and then transported south along the densely populated Hudson River to refineries in Pennsylvania and New Jersey. A Massachusetts-based oil company— Global Partners, LP—is seeking permission from state officials to heat their oil in Albany, opening up the possibility that less refined oil could be shipped through New York, a prospect that has some elected officials concerned. Albany County issued a moratorium last month on expanding oil processing at the port, pending a health investigation by the county health department, and Gov. Cuomo sent a letter to the U.S. Department of Transportation asking for speedier efforts to reform rail safety. But local communities and environmental advocates are calling for more dramatic action: a comprehensive impact study from the state’s Department of Environmental Conservation.

city & state — April 21, 2014

of Sanitation. On the City Council, progressive caucus member Donovan Richards heads the Committee on Environmental Protection, and will likely be an ally with the mayor in his efforts.

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‘BIG VICTORY’ FOR BUFFALO WATER QUALITY By DAN TELVOCK from INVESTIGATIVE POST

city & state — April 21, 2014

THE WAY TO REACH ELECTED OFFICIALS

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BUFFALO-NIAGARA RIVERKEEPER

he Buffalo Sewer Authority will spend $380 million on upgrades to its century-old sewer system over the next 20 years that will drastically reduce the amount of raw sewage and untreated stormwater flowing into the Niagara River and its tributaries. The authority agreed to the improvements under pressure from the Environmental Protection Agency, which determined in 2004 that the city was violating the Clean Water Act. “This is a big victory,” said Judith Enck, EPA’s administrator for Region 2, which includes New York. “We think this formal agreement will make a big difference in terms of improving water quality in the Buffalo area and finally getting this area in compliance with the Clean Water Act,” she said. The city’s sewer system carries both raw sewage from homes and buildings and stormwater into a single pipe to the Bird Island Wastewater Treatment Plant. Heavy rain and snowmelt can overwhelm the system, sending raw sewage and untreated runoff into local waterways. These overflows also contain debris, toxic pollutants and untreated industrial waste that hurt water quality and close beaches. About 1.75 billion gallons of raw sewage and untreated stormwater overflows into the Niagara River and its tributaries each year. Enck said the projects reduce the overflows by 70 percent or 1.2 billion gallons per year. There are 58 overflow outfalls combined in the Niagara River, Black Rock Canal, Erie Basin, Buffalo River, Scajaquada Creek, Cazenovia Creek and Cornelius Creek. The sewer overflows are part of the reason for a fishing advisory in the Niagara River, Enck said. “This is a big deal for water quality in the Niagara River,” Enck said. A quarter of the $380 million is earmarked for green infrastructure

A sewer overflow in turns the water of Buffalo-Niagara Riverkeeper projects such as rain gardens, impervious surfaces, green roofs and rain barrels that keep stormwater out of the sewer system. The improvements will be funded by a combination of government loans and grants and rate increases paid by sewer authority customers. It is unclear how much more customers will pay and authority officials did not immediately respond to a request seeking comment. Authority officials were also absent today when the EPA announced the agreement. “I think the 20-year compliance period is recognizing the severe economic challenges that Buffalo faces,” Enck said. “This is a very realistic strategy.” The EPA has wrangled with the authority since 2004 on reducing sewer overflows. In 2012 the EPA issued a compliance order to force the authority to develop a longterm control plan for its aging sewer system, a requirement of the Clean Water Act. Construction started in March and the final project is scheduled to finish in 2034. The authority will complete more than 20 projects over that period. Investigate Post is a nonprofit investigative reporting center focused on issues of importance to Buffalo and Western New York. cityandstateny.com

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THE “POWERFUL” BLACK CAUCUS

MICHAEL BENJAMIN

here’s an oft-used Albany phrase that causes me to grind my teeth: “The powerful Black [Puerto Rican, Hispanic and Asian] Caucus.” My jaw clenches mostly because I believe the journalists and editors who use it do so tongue in cheek. Formed nearly 50 years ago, the Caucus has grown from its 13 original New York City-based black members to a more geographically and racially diverse group of 43 legislators. The group formed in an effort to gain influence and exercise clout in the Assembly’s Democratic Conference at a time when every vote counted. Republican Gov. Nelson Rockefeller also regularly courted the votes of

NO GOOD: SAMARITAN

ALEXIS GRENELL

city & state — April 21, 2014

ayor Bloomberg was a staunch advocate for the financial services industry, rushing to Wall Street’s defense after the 2008 crash, and repeatedly throughout his tenure. Whether deriding the Occupy movement or opposing a tax increase on multimillionaires, he was unapologetic in his support for the wealthiest 1 percent. It was like a Rodney Dangerfield routine: Tax-paying rich citizens don’t get no respect! Coupled with tone-deaf claims that the police department “disproportionately stops whites too much and minorities too little,” Bloomberg’s rhetoric earned

Democrats. Caucus members went from having a single coveted seat on the Assembly Ways and Means Committee and holding the Assembly majority whip post to heading the WAM, leading the Senate majority and holding various Assembly and Senate standing committee and leadership posts. Still, despite the Caucus’ increased membership and additional committee and leadership posts, its potency as a bloc within the Democratic Conferences in both houses is somewhat exaggerated. Today’s Caucus has inherent shortcomings, making it weaker than it was at its outset. In the past decade the Caucus has been debilitated by corruption investigations, indictments and convictions. Last November the Caucus held a much ballyhooed press conference at Baruch College announcing its progressive agenda for New York. Rev. Al Sharpton headlined the event as keynote speaker, and Syracuse Mayor Stephanie Miner attended as an honored guest. I recall an auditorium packed with lobbyists and union operatives abuzz with rumors of Gov. Andrew Cuomo and his acolytes making early morning calls to Rev. Sharpton and legislators in an effort to tamp down dissent. On stage, at least one senior legislator’s

smartphone vibrated with a call from Cuomo fixer Joe Percoco. Buoyed by then Mayor-elect Bill de Blasio’s win, the Caucus challenged Cuomo and the Legislature to “walk the walk” on a progressive agenda. Its “First 90 days” agenda supported Mayor-elect de Blasio’s UPK/afterschool programs tax, the DREAM Act, boosting foundation school aid by $1 billion to meet Campaign for Fiscal Equity obligations, decriminalizing marijuana, raising the age of criminal responsibility, increasing the minimum wage, opposing tax breaks for corporations and the wealthy, and restoring member items (euphemistically called “neighborhood initiatives”). In hindsight, the heavy-handed reaction of Team Cuomo last November was a preview of the present legislative session. Team Cuomo brooks no dissent, and will go out of its way to torpedo anyone who stands in its path. Therefore, none of the Caucus’ budget priorities outlined that day at Baruch were enacted. Caucus chairman Karim Camara, an assemblyman, admits his disappointment that neither the DREAM Act nor CFE payments were included in the enacted budget. Nonetheless, he remains optimistic about the DREAM Act becoming law by June. He also pointed out that

overall school aid to New York City was increased. Assemblyman Keith Wright, chair of the Housing Committee, took solace in the lifting of the income cap on the Senior Citizen Rent Income Exemption (SCRIE) program from $29,000 to $50,000. “Lifting the SCRIE income limit is very beneficial to [the minority] community,” Wright said. Oddly, a more influential and effective Senate Democratic Conference would strengthen the Caucus in the Assembly. There was a brief glimpse of the possibility of that dynamic just prior to the Espada coup. From an individual perspective, and by virtue of leading important standing committees, Caucus members can and do impact budget negotiations. But largely for Assembly members, that influence is tempered by the needs of the majority conference, i.e. Speaker Silver. But regardless of a well reasoned set of budget priorities, the legislative process wasn’t entirely responsive to the Caucus. And despite the best efforts of Assemblyman Camara, significant influence lay just beyond the “powerful” Caucus’ grasp.

him the ire of Bill de Blasio, who seized on it to weave the now ubiquitous Tale of Two Cities. It’s not yet clear what Mayor de Blasio’s one city might look like. But at times it seems as if he’s traded Bloomberg’s banker favoritism for another kind of exceptionalism in his dealings with the Rev. Al Sharpton. In early April a Smoking Gun report revealed new details about Sharpton’s collaboration with the FBI. In the 1980s Sharpton was a confidential informant who met with the Gambino crime family several times to record their conversations on behalf of law enforcement. According to Sharpton, this was a selfless act of civic duty, but the report counters that the FBI had him on a potential drug charge, and flipped him in return for his freedom. So it was odd to see Mayor de Blasio stick up for Sharpton’s version of events: “I’m very proud to be his friend. I think he has done a lot of good for the City of New York and this country…. He was asked by the F.B.I. to support their efforts and he agreed to help, and that’s what a citizen should do.” To suggest that Sharpton did anything other than act in his own selfinterest is as absurd as Bloomberg’s defense of Jamie Dimon, who took a

taxpayer bailout and then got a bonus. The mayor could have simply called it old news without wrapping Sharpton in a patriotic embrace. Instead he continued the fusillade of compliments at the National Action Network’s annual conference, calling the reverend a “blessing” and describing the First Couple as big “fans.” Never mind that it doesn’t make sense that anyone would willingly risk his life to tape-record mobsters as many as 10 times; it’s also not how the FBI works. As several former prosecutors explained on background, Good Samaritans cannot simply pick up the phone and volunteer to act as agents of the police. First, there’s a reliability test to establish whether the information is good, and if it can withstand the scrutiny of a judge who may eventually need to sign off on a warrant. Second, the informant must have access. Since organized crime syndicates tend not to meet with strangers off the street, there needs to be a prior relationship to exploit. His history with the FBI aside, Sharpton isn’t exactly a pillar of sacrifice and virtue. A December 2011 New York Post article reported that at the time Sharpton owed the IRS $2.6 million in income tax, and nearly

$900,000 in state tax. But he doesn’t appear overly concerned about it. He flies first class, has a personal driver, and lives in a two-bedroom apartment on the Upper West Side. In recent years he’s toned down his incendiary rhetoric in return for corporate contributions from Coca-Cola and others. Like Bloomberg’s beloved bankers, Sharpton’s transgressions have been washed away, making him a member of just another very privileged class. The fact is the mayor’s strong support is in some ways more meaningful than Sharpton’s particular misdeeds. It threatens to undermine his message of a more equal society, and the integrity he brought with him into office. Since winning election, de Blasio has pursued important policies to close the opportunity gap and level the playing field. But by giving special treatment to Sharpton, he’s simply traded whom the Tale of Two Cities is about.

Former Assemblyman Michael Benjamin (@SquarePegDem on Twitter) represented the Bronx for eight years.

Alexis Grenell (@agrenell on Twitter) is a Democratic communications strategist based in New York. She handles nonprofit and political clients. cityandstateny.com

ANDREA STEWART-COUSINS

hen I think about the 10-point Women’s Equality Act (WEA), I find it hard to understand why it is difficult to pass these common sense bills in a progressive state like New York. The women of this state deserve to have their basic, fundamental rights recognized and confirmed by the state government and not treated as just political issues. In the past, Albany has tackled

controversial legislation by tying multiple, often unrelated initiatives together in a comprehensive package sometimes labeled the “Big Ugly.” Policies ranging from the property tax cap to rent control regulations have all been deemed important enough to be included in these omnibus bills, ensuring that they’ll pass by giving politicians on both sides of the aisle something they want. The governor and the Assembly embraced this

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often successful strategy with the Women’s Equality Act. However, the Republican/IDC leadership refused to follow this pattern and broke the WEA apart—ultimately failing to pass what the governor had presented and the Assembly approved. The failure to pass the entire 10-point package is particularly troubling because the people of New York State overwhelmingly support all 10 of the issues addressed in the Women’s Equality Act. This legislation includes provisions that ensure women will receive equal pay for equal work and recognizes that pay inequality continues to hold New York’s economy back. The WEA would end multiple forms of inequity that women face, including family status, pregnancy discrimination and source-of-income discrimination. The Women’s Equality Act would also combat sexual harassment in the workplace, strengthen human trafficking laws and provide greater protections for victims of domestic violence. But what has held up the entire package is a political fight over the last point of the WEA, a simple codification of the federal choice

provisions into New York State law. Republican opposition to the 10th point of the Women’s Equality Act is all the more shocking when we recognize that New York actually decriminalized abortion in 1970, prior to federal law, passing choice legislation through the Republican-controlled Senate with 12 Republican senators joining most of their Democratic colleagues in favor of this initiative. That today not a single Senate Republican would vote for a simple codification of federal choice provisions is distressing. But the fact that this attitude is supported by the Senate Leadership, allowing the entire 10-point Women’s Equality Act to be held up in the State Senate, is inexcusable. The fact remains that the majority of New Yorkers are women, even though the leadership in Albany does not reflect that. Clearly women’s rights, health and equality transcends the boundaries of partisan politics. State Sen. Andrea Stewart-Cousins is the leader of the state Senate Democratic Conference.

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city & state — April 21, 2014

THE WOMEN’S EQUALITY ACT IS NOT FORGOTTEN

GOOD NEIGHBORS D

enis Coderre was elected the mayor of Montreal in November after serving in the Canadian Parliament since 1997. A prominent member of the Liberal Party on the federal level, Coderre prevailed in a multicandidate field to win the first Montreal mayoral race without an incumbent since 1986, in part on a platform of cleaning up municipal corruption by creating an inspector general’s office and opening the city’s data to the public to increase transparency. Recently, Coderre visited New York City to learn about its Department of Investigations and NYC Digital as a potential model for Montreal, as well as to encourage American investment in his city. City & State’s Morgan Pehme and Matthew Hamilton spoke with Mayor Coderre about political corruption, the ramifications of the April 7 general election in Quebec, and the symbiotic relationship between New York and Montreal.

city & state — April 21, 2014

City & State: You had a very dramatic election in Quebec earlier this month, with the Liberal Party securing the majority. What are the election’s implications for Montreal? Denis Coderre: I think what we have been witnessing is a major shift in the political role of the municipal world. The fact that the greater Montreal Area represents over 50 percent of the economic and [per capita] population of Quebec, and that I’ve been working closely with the mayor of Quebec City [points to this]. During that campaign, the municipal world spoke as one voice. So what we are witnessing is a shift from provincial creature to an order of government of proximity. And it’s important because at the economic and political level—we believe that we define the world not by country or continent but by cities now—and with the challenges that we are facing, it’s more economically wise—and, at the social level, more efficient—to have the capacity to provide some tools for the municipal world to work with. These are [the] reasons why I’m in New York. Of course we want to have more investment; we are open for business. We have a new administration that’s focusing on bringing back more investments. At the same time, the relationship that I’m intent to do

the information to do so. C&S: You have said that New York and Montreal are natural allies. Do you feel that the government of New York State has a good handle on the importance of our cross-border relationship? DC: I think that we [understand] that sensitivity, and I know that you have the governor [Cuomo] and Premier already gathering, but I feel that my message, because of my own experience, is that we’re adding value to an already good way of working together. When I was the former minister of immigration after 9/11, Mr. Pataki was the governor and we were discussing some of the issues, but I think that you have to— you know, it’s act local, think global. So it’s important to understand and respect the environment that you are with and look all throughout the jurisdiction, but at the same time, if we can all work together [for] some common ground, because we are already true friends, I think that it will have a better impact overall.

A Q&A WITH DENIS with is based on the institution [of government] itself. I’m going to be [meeting] with Mark Peters from the [NYC] Department of Investigations. In a former life, when I was with the government of Canada, I promoted the idea of the inspector general, which is clearly an American policy at the state and city level, and I’ve implemented that in Montreal to have kind of a watchdog with everything regarding procurement in the municipality. We will have an independent person who will be there to protect Montrealers. C&S: In New York we had the Moreland Commission to Investigate Public Corruption, which was just disbanded. In Quebec there’s the Charbonneau Commission and UPEC, as well. How important is it to have agencies or panels to investigate wrongdoing, especially involving public officials, in politics today at both a city level and in our case state, and in

CODERRE

your case provincial level? DC: In some cases people will say that there are different cycles in which you can achieve some sort of comfort zone. Some people will always try to benefit from the system in the wrong way. So the most important thing for us is to make sure we have benchmarks or a capacity to identify systems. It’s good to react to something and cure a problem, but at the same time it’s so important to prevent it. And that’s why I feel that the inspector general, as a whole, is a good practice, and that person in our case is totally independent and is appointed by City Hall and will have all the power during the procurement process to go not only after the enterprise who won, but at the same time go anywhere at the bureaucratic level, political level or can even look at all the competitors who try to get contracts. [The inspector general] will have the capacity to null or suspend that contract, and he can go wherever he wants to seek the intelligence and

C&S: In regard to our collaboration on counterterrorism efforts, is it correct that the New York Police Department has an officer embedded in the Montreal police force? DC: Yes—and as a matter-of-fact, I have a lot of experience at that level, because when I was minister of immigration, I’d been appointed after 9/11. And everything regarding security, people’s movement at the border—we had the opportunity to discuss several of those issues specifically in New York, and I think that we already had that great relationship. We need a balanced approach between openness and vigilance; we truly need a vigilance standard, especially when you have big cities like New York or Montreal, and this is the kind of discussion; the kind of ongoing relationship that’s very key and important to make sure that we can use the best practices. And you also always have the sharing of information and intelligence, and we’re focusing on the same issues to make this society a better world.

To read the entire text of this interview, go to www.cityandstateny.com. cityandstateny.com

3rd annual

Forum & Albany Power 100 Cocktail Reception Date: April 28th • Time: 5:00pm – 9:30pm • Location: Taste Restaurant, 45 Beaver Street, Albany NY BRIEF: This year’s State of Our State forum will feature discussions focusing on Business and Development and New York Jobs. City & State will host featured speakers such as Syracuse Mayor Stephanie Miner, Ken Adams of Empire State Development Corporation* and others! Find out what major jobs and economic development initiatives are under way. We’ll also take a look at the state’s current jobs climate, provide updates on Startup NY and other job initiatives spearheaded by Governor Cuomo. Join us immediately after the State of our State Conference for our Albany POWER 100 Reception, featuring a selection of this year’s POWER 100 for cocktails, hors d’oeuvres and City & State TV live!

Reporters & Experts Roundtable:

AIRLINES AND AIRPORTS

Date: April 30th • Time: 6:00pm – 8:00pm • Location: The Wooly, 11 Barclay Street, New York, NY

BRIEF: City & State and the Global Gateway Alliance are set to host a timely reporters roundtable over cocktails and on the current landscape of New York area airport infrastructure, as well as possible political roadblocks to further advances in airline/airport technology. Speakers include Matt Flegenheimer of the New York Times, Bart Jansen of USA Today, Tom Wright of the Regional Plan Association, Dana Rubinstein of Capital New York and Jon Lentz of City & State on the current state of area airports, and the airline industry in general.

Date: May 15th • Time: 8:00am – 12:00pm • Location: New York University, 60 Washington Square S, New York, NY

BRIEF: Much of New York City’s aging infrastructure is in disrepair, with over 1,000 miles of water mains, 170 school buildings and 165 bridges being constructed over a century ago. With the Harlem gas explosion highlighting specific deficiencies, City & State examines where immediate improvements can be made, what needs the long term federal, state and city capital programs will help fix and the social cost of New York City’s aging infrastructure in a half day conference. Join us to hear from featured speakers such as NYC DOT Commissioner Polly Trottenberg, NYS DOT Commissioner Joan McDonald, Center for an Urban Future’s Jonathan Bowles, new Department of Design and Construction Commissioner Feniosky Peña-Mora, NYCHA Commissioner Shola Olatoye and more!

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