The process helped 10 regions across the state to create regional plans and identify transformative projects that will lead to private sector job growth. The plans were submitted earlier this month, and while we wait to see which plans will win funding, we’re turning our attention to make the job creation conditions even better for all business by reforming the regulatory environment.

Our suggestions fall into two major buckets: speeding up approvals for economic development projects and improving the overall regulatory environment.

In the first category, we’re seeking changes to the State Environmental Quality Review (SEQR) Act. We’d like to see definitive timelines and deadlines established for the review process so that projects can get the go-ahead sooner, allowing faster job creation. As part of this, we want to limit the ability of the state Historic Preservation Office to only request archeological surveys for projects that exceed 25 acres. And we’d like to do more to encourage use of the Design Build method of planning to expedite project timelines.

The second category is more complicated and cuts across more programs.

On the list, we must encourage the use of Public Private Partnerships (P3) to facilitate improvements in the infrastructure of New York by passing S.5445/A.8487 – an act to amend the transportation law, the executive law and the public authorities law, in relation to authorizing innovative infrastructure development.

Second, we must find ways to lower energy costs. We’re calling for the state to allow the Article 18A surcharge on energy to expire, phase out the Systems Benefit Charge and encourage improvements in the utilities’ infrastructures and grids.

Another way to lower costs in this state would be to allow SUNY and CUNY institutions systems to lease space to private companies, a move that would encourage more partnerships.

On the subject of Medicaid, we’re calling for a $250,000 cap on medical malpractice claims. As of 2006, 32 states have already passed some form of medical malpractice caps.

And we believe it is vitally important to obtain unified support from across the state for any federally funded projects that will enhance private sector job creation.

The tax cap is moving New York into a brave, new world, one that will allow our state to prosper and grow. Let’s build on this important first step by enacting the business mandate and regulation relief that will make it all work.

For example, Bradford County, PA, a predominantly rural region in the northern tier,  is now the number one job creating county in Pennsylvania. New shopping centers are being built along with new hotels. Coffee shops and diners are bustling, freight rail and air service is surging  and schools and non-profit agencies are receiving unsubsidized funding that is able to go back into local communities. Farmers, who a few years ago were not sure how to stay afloat, are now investing in new livestock and new equipment. Bradford County is also enjoying nearly 0% unemployment – a far cry from what is happening due north.  Just recently at a seminar in Binghamton,  a Bradford County official said that if New York doesn’t want the drills, “they be happy to keep them in PA.”   New York can simply not afford to let that happen.

As New York goes through yet another public comment period, special interests and misinformation continue to dominate the conversation regarding drilling.  Opponents scramble to find evidence that drilling is unsafe while Pennsylvania, Ohio and West Virginia forge ahead – balancing the interests of environmental protection with economic opportunity.

The Governor and the DEC have put forth a rational approach to drilling that protects water resources and provides sound regulations to minimize the impacts of natural gas drilling. State officials are ready to move forward and it is time that they do. After nearly four years of development, the DEC has put forth a plan with detailed rules to promote transparency, protect air and water and ensure the well-being of local communities.

It is estimated that natural gas development in New York will spur $11.4 billion in economic output and create nearly 20,000 jobs in the southern tier and western regions of the state. These are areas, which combined, lost 48,000 payroll jobs between 2000-2010. The jobs created will be high-skilled, high-wage and local jobs. This comes at a time when New York desperately needs to act as a job stimulator and not an inhibitor.

In the year ahead, New York is facing nearly a $2.5 billion budget deficit and lower than anticipated sales tax revenue that will further add to the state’s budget woes. To this point, Governor Cuomo has demonstrated a sound understanding of what is needed to make New York competitive and we need to support his pragmatic approach to drilling. We have made significant progress this year to right-size the state’s economy, but we cannot continue to impede the economic opportunity that drilling provides. It is time to move New York forward.

With three meetings under our belts, enthusiasm is running high among members of the Finger Lakes Regional Council.

It’s not that we’ve drunk the Kool-Aid on New York state’s future. We realize there are a lot of challenges ahead on the road to economic resurgence, some of our own making and some imposed by the national and global economies. And the recent flooding in parts of Upstate certainly didn’t help.

But the Regional Council – one of 10 in the state – has been charged with drafting a strategic economic development plan for our area. As part of the process of creating this plan, we’ve been about assessing our nine-county region – its strengths, its struggles, its unfulfilled promise.

That part has been pretty easy, because the truth is, there are a lot of positive attributes about life in the Finger Lakes, attributes that the Regional Council is hoping to capitalize upon in its economic development plan.

Many of these are noted in our Regional Council’s vision statement, which we’re still tweaking in preparation for our final report, due to Gov. Cuomo on Nov. 14. The statement refers to our region’s sustainable natural resources, its assets as a tourist destination, its expansive arts and cultural offerings. Even more importantly, in terms of stimulating job creation, it talks about our diverse, well educated and dedicated workforce. Put these together with our proven history of community collaboration, our celebrated entrepreneurial spirit, the unparalleled intellectual capital and products held by local businesses and our institutes of higher learning, and it offers a great recipe for success.

But what’s also sparked our enthusiasm is the process. On this council, I am one of 21 representatives from across the region, people from business, labor, and government, all coming together to openly share expertise and ideas. There have been some complaints that there isn’t sufficient representation on the committee, but I don’t agree.

The committee is made of major stakeholders in the process, and their task is to oversee a region-wide process that includes many opportunities for community engagement, with three more public engagement sessions to be held before the Nov. 14 report deadline. I’ve also heard people complaining that it’s the same old ideas being put forth by the same people, calling it a sign that the region lacks the creativity needed to succeed in economic development creativity. But I disagree with that, too. I believe that what this really demonstrates is that we, as a region, have clearly identified our assets and our obstacles, and that we are focused on our vision – creating jobs and growing our economy.

While I don’t want to give the impression that this council process will solve all our region’s economic problems, or those of any other region in New York, I do believe that we need to credit the state with an important change in course. This process is designed to engage communities more in their own futures, to make the state more nimble and responsive, to invest taxpayer money more wisely. It is a coordinated approach, so that when a project comes to the Regional Council, the people who can make it happen – the regional leaders, the economic development professionals, and the state agencies – will all be there in one place, poised to act.

Perhaps you have a project in mind? Now’s the time to share your vision.

From the Desk of the Executive Director Brian Sampson

What’s Inside

• A Message from Brian Sampson
• 2011 Legislative Session Ends*
• Power NY Approved*
• Governor Reaches Agreement with State’s Largest Employee Union*
• High Profile and Significant Bills That Passed Both Houses This Session*
• BNP to Hold Accelerate Upstate Conference*
• Medicaid Redesign Team Update*
• Board of Regents Makes NYSED Staff Appointments
• NYS Council on Food Policy to Meet*
• Coming Up*
• Unshackle Upstate in the News*

* Content only available to Unshackle Army members.

Sign up today to get the full version of the Unshackle Upstate Update!

A Message from Brian Sampson

Late in the evening on Friday, June 24, the New York State Legislature completed the majority of its business for the year and is now in recess for the remainder of 2011.  It is expected that the Senate and Assembly will return before the end of the year to address some unfinished business regarding public employee contracts and health care.

During this year’s session, Unshackle Upstate achieved a number of major victories for the businesses and taxpayers of this state.

In April, we helped advance an on-time state budget that reduced spending and was free of any significant tax or fee increases.

Last week, the Legislature passed and Gov. Cuomo immediately signed the two-percent property tax cap bill – our #1 legislative priority for this year.

We could not have done this alone, and I want to thank everyone who joined our grassroots efforts on the property tax cap as well as our partner organizations listed below. By working together, New York’s business community helped make this law a reality.

It’s also important to thank Governor Cuomo, Senate Majority Leader Skelos, Speaker Silver and their legislative colleagues for supporting this vital measure. With the tax cap in place, we remain committed to advancing meaningful mandate relief and look forward to working with local government leaders in the effort to ease the burden of New York’s taxpayers.

Unshackle Upstate Needs Your Support

Unshackle Upstate continues to fight for Upstate’s taxpayers and job creators and for a New York State with lower taxes, lower spending, reduced mandates and reduced state debt. Our efforts to revive the Upstate economy and promote private sector job growth would be impossible without your support. Whether it’s $50 or $500, your contribution will enable us to amplify our voice in Albany and help fight back against well-funded interests that are committed to maintaining the status quo.  Only by working together, can we change New York and make it a better place to live and work.

Click here to contribute to Unshackle Upstate’s efforts.

If you know of someone who may be interested in Unshackle Upstate Update but who might not be on our distribution list – friends, family members, co-workers – please feel free to forward it to them.  If we are going to get our representatives in Albany to take the tough steps that need to be taken, we need all the help we can get.  In addition, if you would like Unshackle Upstate to speak to your group or make a presentation at an event, please do not hesitate to contact us.

If you have any suggestions about how we can improve this product, please feel free to contact me via e-mail at brian.sampson@unshackleupstate.com.

From the Desk of the Executive Director Brian Sampson

What’s Inside

• A Message from Brian Sampson
• Governor Cuomo Announces SAGE Commission Members*
• State Court System Lays Off Employees*
• Comptroller DiNapoli Again Proposes Budget Reforms*
• DiNapoli Hires Former State Democratic Chair*
• Attorney General’s Office Argues Before High Court for Authority to Sue Over Greenhouse Gas Emissions*
• Commission on Judicial Conduct Releases Annual Report*
• Coming Up*
• Unshackle Upstate in the News*

* Content only available to Unshackle Army members.

Sign up here to receive the full version of the Unshackle Upstate Update.

A Message from Brian Sampson

With the State Legislature in recess until Monday, May 2, we will continue to focus on our #1 priority – the enactment of Gov. Cuomo’s 2% Property Tax Cap legislation.  However, we cannot do this alone and greatly need your help in making the property tax cap a reality.

Unshackle Upstate is organizing a Property Tax Cap Lobby Day for May 17, 2011.  The intent of the day is to continue to put pressure on members of the State Assembly to pass the Governor’s Program bill as the Senate did earlier this year.  We hope that you, your friends and colleagues will consider joining us in Albany on May 17th.  Registration for the event is easy and can be done by clicking here.

Join Our Tax Cap Fight!

In addition to our event on May 17, we continue to ask that you contact your local Assemblymember to tell them that you support the Governor’s 2% Property Tax Cap bill.  We now have a tremendous opportunity to build on the positive momentum generated and it’s imperative that we continue to focus on many of the “non budget” proposals necessary to making New York State a better place for the taxpayers and businesses that reside here.  We need the Assembly to take immediate action to enact a two-percent property tax cap bill (A.3982 Silver).  We cannot afford any further delays and uncertainty on these issues, and we need you to recruit your family, friends and neighbors to join our efforts.

Click here to send your pro tax cap message directly to the Assembly.

Support Unshackle Upstate

We need your help! Unshackle Upstate continues to fight for Upstate’s taxpayers and job creators and for a New York State with lower taxes, lower spending, reduced mandates and reduced state debt. Our efforts to revive the Upstate economy and promote private sector job growth would be impossible without your support. Whether it’s $50 or $500, your contribution will enable us to amplify our voice in Albany and help fight back against well-funded interests that are committed to maintaining the status quo.  Only by working together, can we change New York and make it a better place to live and work.

Click here to contribute to Unshackle Upstate’s efforts.

If you know of someone who may be interested in Unshackle Upstate Update but who might not be on our distribution list – friends, family members, co-workers – please feel free to forward it to them.  If we are going to get our representatives in Albany to take the tough steps that need to be taken, we need all the help we can get.  In addition, if you would like Unshackle Upstate to speak to your group or make a presentation at an event, please do not hesitate to contact us.

Have any thoughts or suggestions about how we can make Unshackle Upstate Update better?  Please e-mail me at brian.sampson@unshackleupstate.com.

To read the full version of this week’s Unshackle Upstate Update, sign up here!

I was in Albany yesterday, and in several meetings we heard about issues like ethics reform, redistricting, and marriage equality.  An argument can be made that each of these is an important issue.  But the simple fact remains that resolving any or all of these issues will do nothing to lower our taxes or create jobs.  But working on these issues WILL distract our elected officials from dealing with bigger issues that still need to be tackled.

What are those big issues?  From Unshackle’s point of view:

1. The Assembly needs to pass the 2-percent property tax cap (http://bit.ly/gK8KZM).  Gov. Cuomo introduced it as a program bill and the Senate passed it – along bipartisan lines and with upstate and downstate support.  It is time for the Assembly to deliver the cap.
2. Both houses and the governor need to get serious about mandate relief for our local governments and school districts (http://bit.ly/g8ZiCO).   Laws in New York that have long outlived their usefulness – and actually hampering growth –  must go.  The playing field for collective bargaining rights needs to be leveled to allow for meaningful conversations of what is fair, appropriate and affordable.
3. The pension system in New York is broken and in desperate need of repair.  But quick and irresponsible fixes such as this (http://on.wsj.com/fXPxxo) aren’t the solution.  We need to create a Tier 6 Retirement System for future workers and find rational ways to ease the impending disaster that the current system will have on our taxes.

It is time for our elected officials to deliver on their campaign promises, to keep their eye on the real issues. Our state is broke, our laws are broken, and our taxpayers are no longer willing to wait for relief.  To our elected officials we say, “Don’t get distracted by the soft issues or by the emotional pleas.  If you truly want us to be singing “Don’t Worry…Be Happy,” then give us a reason. It’s Time to Deliver on tax relief.”

• State Operations (A.4000/S.2800)
• TED (A.4010/S.2810)
• PPGG (A.4007/S.2807)
• Merger of State Entities (A.4012/S.2812)
• Revenue (A.4011/S.2811)
• Capital Projects Appropriation (A.4004/S.2804)

To learn more about these bills, simply click on the bill numbers above.

It appears that legislative leaders are trying to pass the remaining budget bills including Aid to Localities Appropriation, Education, and Health before midnight tonight. Should this happen, you can check back here tomorrow morning for Budget Bill Bonanza – Part II which will highlight those remaining budget bills.

If those bills haven’t been voted on, you can keep track of the latest budget bill activity by following us on Twitter.

Stay tuned!

So, what will I share?

• Little Accomplished in Extraordinary Session
• Legislative Leaders Re-Elected by their Respective Conferences
• Update on Unresolved Races
• Profiles of Newly Elected Legislators

Little Accomplished in Extraordinary Session

The Senate and Assembly returned to Albany this week in response to the Governor’s call for an extraordinary session.  The Governor’s agenda included addressing the current fiscal year $315 million budget deficit through spending cuts, bailing out the NYC OTB, eliminating the notification required prior to the closure of State facilities, and creating a commission to evaluate and adjust judicial salaries.

The Senate was only in session on Monday.  Senate Democrats, missing one member, took up just a few bills and a small number of gubernatorial nominations.  The Senate did not consider the Governor’s spending cuts, but did approve the bill creating a judicial salary commission.

The Assembly was in session on both Monday and Tuesday.  In addition to approving the judicial salary commission bill, the Assembly also approved the NYC OTB bailout and other bills submitted by the Governor for consideration in the extraordinary session.  The Assembly also returned to “regular” session and gave final passage to three bills that the Senate approved earlier this year:  imposing a moratorium on natural gas exploration through May 15, 2011, enacting the wage theft prevention act, and a “chapter amendment” to a measure requiring utility companies (among others) to pay prevailing wages to service workers.

All three of these bills are considered to be unfriendly to business.  The gas exploration bill, due to the bill being poorly written, jeopardizes up to 5,000 current and future jobs.  The bill will actually put a stop to almost all gas extraction.  The Wage Theft bill adds additional paperwork requirements for employers and could lead to litigation and damages for back wages.  The final bill, known as the Service Workers bill, adds more work classifications to the definition of “service worker” and will likely result in higher energy costs for homeowners and businesses.

On Tuesday, Governor-elect Cuomo criticized the Legislature for its inaction, especially on its failure to make budget cuts.

According to published reports, the Senate may return to Albany within the next few weeks to take up at least some of its unfinished business.

Legislative Leaders Re-Elected by their Respective Conferences

All four of the legislative conferences have re-elected their current leaders for the 2011 legislative session.

On Monday, Senator Dean Skelos (R-Nassau County) was re-elected by Senate Republicans as head of their conference.  Currently Senate Minority Leader, he is likely to assume the position of Temporary President and Senate Majority Leader in January.  Skelos said Senator Tom Libous (R-Binghamton), will remain as his top deputy.

Assembly Speaker Sheldon Silver (D-Manhattan) was re-elected by the Assembly Democratic Conference on Monday.  He has served as Assembly Speaker since 1994.

Also on Monday, Senate Democrats re-elected Senator John Sampson (D-Brooklyn) as their leader.  Currently serving as the functional Senate Majority Leader, Sampson is likely to become Senate Minority Leader in January.  Sampson said that Senator Jeff Klein (D-Bronx) will continue as his top deputy.

Earlier this month, the Assembly Republican Conference re-elected Assemblyman Brian Kolb (R-Canandaigua), as their leader.  Kolb will continue to serve as Assembly Minority Leader.

Update on Unresolved Races

U.S. House

Last week, incumbent Democratic Congressman Dan Maffei conceded to Republican Ann Marie Buerkle in the race for the 25^th Congressional District in Central New York.  According to an unofficial count, Buerkle leads by 561 votes, with a few hundred left to be counted.  Buerkle’s win means that the GOP has picked up at least six New York House seats this election cycle.

The only House race that remains unresolved in the nation is in Suffolk County’s 1^st Congressional District.  Incumbent Democrat Tim Bishop leads Republican challenger Randy Altschuler by 214 votes with less than 2,000 votes left to be counted.

State Senate

With the results of two Senate races still outstanding, it is still not certain which party will control the State Senate in 2011.  On Tuesday, incumbent Democratic Senator Antoine Thompson (D-Buffalo) conceded to his opponent, Republican Mark Grisanti.  This victory means that the Senate Republicans one step closer to regaining control of the State Senate, as they will have at least 31 seats in January.

Two Senate races remain unresolved as of this writing.

In Nassau County’s 7^th Senate District, incumbent Democrat Craig Johnson trails Republican challenger Jack Martins by over 400 votes.  Democrats have asked for a hand recount of all the ballots, which could prolong the ballot count for weeks.

In Westchester County’s 37^th Senate District, incumbent Democrat Suzi Oppenheimer leads Republican challenger Bob Cohen by about 370 votes.  Roughly 1,500 ballots must still be counted, and about 400 ballots are being contested.

State Assembly

While the Assembly remains comfortable in Democratic control, the Assembly Republicans picked up a number of seats this fall.  In the 1^st Assembly District in Suffolk County, incumbent Democrat Marc Alessi conceded to Daniel Losquadro last Wednesday.

Two Assembly races remain unresolved as of this writing.  If the current results hold, the Assembly GOP will hold 51 seats in January.

In the 89^th Assembly District in Westchester, incumbent Republican Robert Castelli leads Democratic challenger Thomas Roach by 111 votes.

In the 100^th Assembly District, which includes parts of Dutchess, Ulster and Orange counties, Republican Tom Kirwan holds a 166 vote lead on incumbent Democratic Assemblyman Frank Skartados.   Kirwan held the seat for seven terms before losing to Skartados in 2008.

Profiles of Newly Elected Legislators

Tom O’Mara, 53^rd Senate District

Republican Tom O’Mara, who has served in the Assembly since 2005, was elected to replace Senator George Winner, to represent this Southern Tier/Finger Lakes district.  O’Mara is a former Chemung County District Attorney and Chemung County Attorney. He practices law with Davidson & O’Mara law firm in Elmira.

O’Mara’s priority issues include jobs and economic development, addressing property taxes, reforming Albany, fair distribution of education funding and protecting sportsmen’s rights.

Claudia Tenney, 115^th Assembly District

Republican Claudia Tenney ran without opposition for this seat, replacing outgoing Assemblyman David Townsend, who gave up the seat to run for Oneida County Sheriff.  The 115^th A.D. includes parts of Oneida and Oswego Counties in central New York.

Tenney served as Townsend’s chief of staff and legal counsel for six years before running for the seat.  Her legislative priorities include enacting a property tax cap, term limits for legislators, reforming Albany and stopping unfunded mandates on school districts and local governments.

Kevin Smardz, 146^th Assembly District

Republican Kevin Smardz was elected to this, which was vacated by Jack Quinn, who ran unsuccessfully for State Senate.  The district includes the southern portion of Erie County.  Smardz is a member of the Hamburg Town Board, and is the media director for Southtowns Christian Center, a nondenominational church in Hamburg.

His priority issues include reducing state spending, reforming Albany and job creation.

Stay Tuned…there is always more to come!

But from Unshackle Upstate’s perspective, that doesn’t really matter. Because in the votes that were cast, we see a validation of our Judgment Day message that has us fired up for the 2010-11 legislative session. 

Judgment Day was about getting the right people into office – people who understood and respected the needs of taxpayers and job creators. Our message clearly had an impact as virtually every candidate campaigned on a platform of fixing Albany’s dysfunction and lowering taxes and spending.  That message resonated with voters, as the majority of our endorsed legislative candidates won their races. 

We’re calling it a victory for Unshackle Upstate. But potential for a much bigger, and more important victory lies ahead.

The 2010 Elections were just one leg of a distance race, and we won’t be truly victorious until we convince our legislators to change their tax-and-spend ways, to be more fiscally responsible by reducing taxes and aggressively supporting (or at least quit hindering) private sector job creation.

That’s where you – the taxpaying public, their constituents – come in. When we launched the Judgment Day campaign back in February, our main goal was to educate and empower voters across the state so that they could make the best possible decision in the voting booth. To help spread our message and our information, we drafted the Unshackle Army, now nearly 25,000 strong and growing. 

Now with the elections over, we’re asking you to stay tuned. We need that Army to stay engaged, to help us keep the pressure and ensure that our representatives follow through on their campaign pledges.

2010 was a galvanizing year for Unshackle Upstate, as we became a grassroots organization focused on putting in office state legislators who would truly be responsive to the largest special interest group – the taxpayers. We knew we faced an uphill battle. And although the election is behind us, we will not give up our charge. Unshackle Upstate will continue to be highly visible in Albany, pushing for the reduced state spending and lower taxes essential for future economic growth.

We trust you’ll be there with us. We’re looking forward to it.

How do I know who my representatives are?

We are the voices of New York State, but our representatives speak for us in Albany.  If you aren’t sure who represents you visit the NYS Board of Elections website and find out.

All 212 seats are open, with the notion of Incumbents vs. Challengers, should I only support the challengers, does that invoke real change?

Not every incumbent voted for this unbalanced budget and was anti-taxpayer. Not every challenger has plans that align with Unshackle Upstate’s goals for job creation, no unfunded mandates, lower taxes and fees. If you aren’t happy with the way your representative has voted in the past, then take that step to vote for someone new. It is time to rebuild! We should pay attention to their voting record and plans to make New York State a better place to live.  Change will come when we turn our frustrations into action.

What should I keep in mind as I go to the polls on Judgment Day?

-          The current legislative body passed (predominantly along party lines) a $136 billion budget that raised state spending by 7.6%

-          The average family of 4 has been hit with $1300 of new taxes and fees

-          9 of the 10 highest taxed counties in the nation are all located in New York State

Some people only care about the statewide races and not the legislative, what can I do to help GOTV?

We have to start rebuilding our economy from the ground up. These 212 seats are most vital when beginning that process. While the statewide races are important, these 212 legislators represent each of us on a local level. They take our issues to the statewide level. We have to start somewhere, and if we want to see New York State keep their residents here, lower taxes and get businesses back we have to get the right people in office to do that.

What other resources can I use to make my decision & share with others for 11/2/10?

National Federation of Independent Business (NFIB) released their 2009-2010 Legislative Voting Record. The Business Council of New York State (BCNYS) released their 2010 Pro-Jobs Voter Guide agenda outlining key issues that affect New York State’s job climate.

Share with family and friends how we continue to get buried with taxes and how New York State has been nickel and diming us for too long.

It’s time to GOTV so we can take our state back! It only takes one and it starts with you!