A new fracking ban is coming

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Mar 20, 2024 View in browser   By Marie J. French New York already banned hydraulic fracturing for natural gas in 2014. Now a new type is fracking is set to be prohibited in the state. | Alex Brandon/AP An expansion of the state’s ban on fracking is headed to the governor’s desk. The ban on gas extraction using highly pressurized carbon dioxide sailed through the Assembly and was expected to pass the Senate on Wednesday afternoon. “This is a flawed idea on so many levels,” said state Sen. Pete Harckham, chair of the Environmental Conservation Committee. “Let’s shut the door on this once and for all.” But more controversial steps to reduce the state’s reliance on natural gas for heating homes and buildings face a much harder road as Assembly Democrats raise concerns about the impact on their constituents in the coming years. The Senate on Tuesday passed the “NY HEAT” bill, which would eliminate subsidies for new gas hookups and cap energy bills at 6 percent of income for all ratepayers. The measure would also empower the state’s utility regulator to — along with support for customers to switch to alternatives and after an extensive process — downsize the gas system. “The powers are there, but we don’t know when they’re going to use them,” said Assemblymember Ken Zebrowski, a Democrat from Rockland County who chairs the committee overseeing the Public Service Commission. Gov. Kathy Hochul’s budget also included a similar measure which would enable the commission to discontinue gas service if other options are deemed more in line with the state’s climate law. “It’s hard to change habits. We’re used to what we’ve had,” said Majority Leader Andrea Stewart-Cousins. “We explain it will cost more as we change the way we do things, but ultimately it will save our planet — not only now but for generations to come.” Proponents of the bill say it will help ensure energy bills are affordable and limit gas rate increases driven by expensive investments in existing and new infrastructure. Measures to address the heavy reliance of buildings on natural gas — 60 percent of homes use it, and the building sector comprises about a third of greenhouse gas emissions in the state — could be the biggest potential win for environmental advocates in the budget on climate policy. But there’s opposition from labor unions concerned about the impact on workers in the gas sector. Gas-only utility National Fuel has also been fighting the proposal as an existential threat to its business, as have various business groups. Senate Republicans held a press conference on Wednesday bashing the measure and its potential costs and impacts. “Those jobs will be gone. New York is no stranger to chasing good-paying jobs out of the state,” said Minority Leader Sen. Robert Ortt. Zebrowski said he’s concerned about what would happen in the future if the PSC determines replacing a section of pipeline is more expensive than switching a neighborhood to alternatives. He said specific dates or more clarity from the commission could be helpful. “I’ve been around long enough to think that there’s no way they’re going to retrofit everybody’s homes. There may be incentives, but what are those incentives and are they going to hit everyone on that road?” Zebrowski said. “If its a dollar-for-dollar reimbursement, let’s put that in the bill.” — Marie French From the Capitol Senate Majority Leader Andrea Stewart-Cousins is hopeful a budget deal can include new protections for tenants. | New York State Senate Media Services STEWART-COUSINS’ BUDGET UPDATE: Senate Majority Leader Andrea Stewart-Cousins said that “we have to have tenant protections” as part of any housing deal that could be a part of this year’s budget. But she doesn’t have “any lines in the sand” over what an agreement might look like. Housing activists have demanded that any housing plan includes pro-tenant measures like “good cause” that block any localities from opting out. The Senate’s one-house budget proposal expressed conceptual support for that idea without any specifics. “Hopefully we will emerge with a holistic housing deal that does have tenant protections that align with the principles of ‘good cause,’” Stewart-Cousins said today. The Democratic majority leader also expressed her continued support for a tax hike on New York’s highest earners, despite the governor’s pledge to keep all income tax hikes out of the budget. “At this point, nothing’s off the table,” Stewart-Cousins said. She also said that leaders are currently chipping away at less contentious issues as they work to negotiate a budget that’s due at the end of next week: “We’re trying to do the easy stuff first.” — Bill Mahoney TEACHER EVALUATIONS: State Sen. Shelley Mayer and Assemblymember Michael Benedetto celebrated an agreement on the revamped teacher evaluation system over a glass of orange juice Wednesday morning. The two legislative education chairs were presented with a 50-page proposal that, if passed, would change the way teachers are evaluated in New York. The agreement has taken years to reach. The final sticking point in the negotiations that prevented a deal last session was how the system would be enacted. They landed on agreement with an eight year roll-out, one Education Commissioner Betty Rosa is hopeful the governor will be receptive to. “We know for a fact that she is committed to the issue of teacher quality and teacher development. How she will respond after reading it, I can’t predict,” Rosa told reporters. “I would guess that this is a positive, and this is something that I do believe she will stand behind.” Rosa and New York State United Teachers president Melinda Person joined forces to promote their draft legislation. Mayer said she needs to review the bill before she can comment on whether it can be included in budget talks. The new system would eliminate the use of student test scores in evaluations and would give districts more control over the way they evaluate students. It would also eliminate the use of assessments as a significant factor in tenure determinations, for teacher discipline or be linked to the amount of state aid a school receives. With budget negotiations underway, it’s unclear if the issue will make its way into the budget or get passed in the tail end of session in June. Person said the union wants to pass it this session. “I would say the current practice is hurting the profession because our educators don’t see the connection between their evaluation and the work that they do,” Person told reporters. “This would actually be a fair and just system that would support them in becoming better educators, which is ultimately what we want to do.” — Katelyn Cordero FROM CITY HALL The Rev. Al Sharpton is heading to Washington to urge a crackdown on gun trafficking to Haiti. | Ed Reed/Mayoral Photography Office HELP FOR HAITI: The Rev. Al Sharpton will head to Washington on Thursday in part to ask federal lawmakers and Biden administration officials to investigate the apparent trafficking of guns from Florida to Haiti, which has been gripped by gang violence. The civil rights leader appeared at City Hall today with Mayor Eric Adams and city faith leaders in solidarity with Haiti and Haitian New Yorkers. The coalition said it seeks action in addition to prayers. A question posed again and again the rally was: How are the gang members being armed? “An individual who can’t afford a pair of shoes can afford an AK-47 to exact violence within the community,” the Rev. A. R. Bernard of Brooklyn challenged. “So we’re calling on the American government to intervene against the flow of guns into Haiti.” — Emily Ngo On the Beats Sen. Brad Hoylman-Sigal is among New York lawmakers pushing for the Local Journalism Sustainability Act to provide tax breaks to help struggling newspapers. | Courtesy of Empire State Local News Coalition SAVING LOCAL NEWSPAPERS: The Empire State Local News Coalition, a statewide advocacy group of more than 150 local news outlets, rallied with elected officials in hopes of getting the long-stalled Local Journalism Sustainability Act into the state budget deal. The measure is seen as a way to save struggling newspapers by providing tax credits to local news outlets for the employment of journalists. The bill was included in the Senate one-house resolution, but faces an uncertain future in the final agreement for the fiscal year that starts April 1. The group said that New York has had a 50 percent decrease in the number of newspapers since 2004, resulting in thousands of lost jobs — as well as limited coverage of local government and events. They said that 13 New York counties are down to just one newspaper, and Orleans County between Buffalo and Rochester has none at all. The tax breaks would be capped at $20 million statewide, and news organizations would receive a 50 percent refundable tax credit for the first $50,000 of each newsroom employee's salary, up to $200,000 per outlet. It would be limited to print and online newspapers and broadcasters with 100 employees or less that cover local community news. “The fight to save local news is a fight to save our democracy,” Zachary Richner, founder of the Empire State Local News Coalition, said in a statement. — Joseph Spector HUDSON RIVER CLEANUP PUSHED: Hudson River lawmakers, environmental advocates and the chair of the influential Black, Puerto Rican, Hispanic & Asian Legislative Caucus are pressuring the Environmental Protection Agency to take more action to clean up the Hudson River. The EPA is undertaking a third five-year review of the effectiveness of General Electric’s dredging to remove toxic PCBs that the company dumped in the river. The last review deferred a decision on whether the dredging had effectively protected human health, pending additional data. Lawmakers and advocates are pushing the EPA to find the dredging didn’t meet the goals. They said the draft is expected in the next two weeks. A spokesperson for EPA said it would be released for public comment in the “near future.” “We demand environmental justice for our communities along the Hudson River,” said Assemblymember Michelle Solages, a Democrat from Nassau County and chair of the Black, Puerto Rican, Hispanic & Asian Legislative Caucus at a press conference in Albany. — Marie J. French YACHT ROCK: Democrats are taking aim at tax breaks for private jets and luxury yachts. The tax measures were part of a budget deal nine years ago — provisions that then-Republican Senate Majority Leader Dean Skelos defended as helping boost jobs in those industries. Good-government advocates, however, would be happy to see the tax breaks sail away. “These handouts, both slipped into the budget by state leaders in 2015, are among the most obscene tax breaks in New York’s history,” the group Reinvent Albany wrote in a memo in support. — Nick Reisman AROUND NEW YORK — New York City schools have seen a spike in discipline problems since the pandemic. (The New York Times) — Elderly Long Islanders are struggling on long waiting lists for essential services. (Newsday) — The Monroe County health commissioner, who guided the community through Covid-19, is leaving. (Democrat and Chronicle)   Follow us on Twitter Joseph Spector @JoeSpectorNY   Subscribe to the POLITICO Playbook family Playbook  |  Playbook PM  |  California Playbook  |  Florida Playbook  |  Illinois Playbook  |  Massachusetts Playbook  |  New Jersey Playbook  |  New York Playbook  |  Brussels Playbook  |  London Playbook View all our political and policy newsletters Follow us

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