Steve Hawley

Here's a 'Legislative Column' submitted by Assemblyman Steve Hawley.

“I have been impressed with the urgency of doing. Knowing is not enough; we must apply. Being willing is not enough; we must do.”

You don’t have to be a 'Renaissance Man' to appreciate Leonardo da Vinci’s advice.

Whether presented with an artist’s blank canvas or the complexities of engineering the future out of 15th Century technology, his attitude was to dare greatly without delay. In this new legislative session, the New York State Assembly must heed da Vinci’s words and act with the sense of urgency to our state’s current crisis demands.

In 2010, Albany’s legendary dysfunction reached levels of gridlock and infighting not seen since the Articles of Confederation. (This might be overstated – but only slightly.)

My colleagues and I must therefore renew our mission to serve our constituents, to earn the seats they have given us. I am committed to continuing my agenda from last year’s legislative session, including bringing jobs back to Western New York, reining in out-of-control taxes, and supporting economic growth through farming and other agricultural endeavors.

Costly unfunded mandates – essentially deferred taxes to pay for current, reckless spending – also demand Albany’s immediate attention in order to cut property taxes for working families.

Western New York’s rural communities occupy a special place in our state’s cultural and economic ecosystems. Our family farms are the sturdy backbone of the Empire State’s economy and our vast open spaces continue to draw visitors seeking peaceful, natural surroundings. It’s a way of life strengthened by a commitment to tradition and freedom for the individual.

But now, Albany bureaucrats want to change this culture of self-reliance and begin to dictate individual behavior.

The state’s Department of Environmental Conservation (DEC) is attempting to place new restrictions on property owners, including prohibiting them from burning materials or refuse in any open area. The state agency is undertaking this measure despite our lack of larger waste-management facilities found in suburban or urban areas - the very reason why some residents of the 139th Assembly District have safely and responsibly burned discarded material on their properties for generations.

A bill to prevent this power grab by the DEC was introduced in the Legislature in January 2010. Since that time, the measure has been held for further consideration in an Assembly committee. I am the prime sponsor of this vitally important legislative reform as the new session begins and will work with my colleagues to bring it to the Assembly Floor for a vote as soon as possible.

Landowners in rural communities must have the property rights protections that they deserve with the urgency required to prevent future arbitrary rulings from unelected, unaccountable government pencil-pushers.

Winter can sometimes make laggards of us, but now is no time to take it easy. As your assemblyman, I am renewing my focus and channeling my energies on the legislative priorities interrupted by last year’s chaotic session. There is no time to waste. Each day that passes is a missed opportunity to correct our course away from the fiscal cliff.

As we work together to create more private-sector jobs, reduce spending, and eliminate deficits, I will also continue to fight for your interests and our way of life here in Western New York.

As a small-business owner, I know what it takes to balance a budget. As a neighbor and friend of our region, I understand Albany’s actions can stifle economic growth and threaten individual freedoms in Western New York. This is our home, and here is my mandate: to act with urgency for your interests in 2011. ... “Being willing is not enough; we must do.”

Elba student Sam Lamont, who was picked to represent Genesee County as a student attending Gov. Andrew Cuomo's State of the State Speech (writing about it here), received another honor from the New York Legislature today. Assemblyman Steve Hawley presented him with a flag that has flown over the state capitol in Albany.

This information comes from a news release from Assemblyman Steve Hawley's office:

On Dec. 23, a hearing -- without an opportunity for public input -- was held on outdoor wood boilers by the state Department of Environmental Conservation. It decided to go full-steam to outlaw existing units and require stringent, and costly, regulations for newly built ones.

Wood-burning boilers are commonly used on farms and multi-acre properties to convert accessible natural resources into energy for heating homes and businesses.

“Time and time again, we see that a lack of transparency in government breeds regressive, anti-business policies,” said Assemblyman Steve Hawley.

Previously, the DEC agreed to phase out their use, instead of banning them, after heated protests at public hearings, including at least one in Genesee County, and heavy scutiny from members of the Assembly Minority Conference.

Hawley characterized Thursday's hearing and the DEC's reversal as "an example of irresponsible bureaucracy at its worst. The DEC rammed through new regulations that will drive the cost...upwards of $10,000."

He says the decision ignores the impact on people in rural areas like Western New York and serves as yet another example of what happens when the power is taken from the public and given to bureaucracies.

"Once again, state officials have ignored the will of rural New Yorkers and ushered through their own misguided agenda, with no consideration of the expense to the taxpayer.

“In light of the recent controversy surrounding the DEC, I find it appalling that they would continue to repeat the mistakes of old, rather than turn over a new leaf."

Assemblyman Steve Hawley announced this week the state Department of Environmental Conservation (DEC) has limited the impact of new regulations on existing outdoor wood boilers (OWBs).

The DEC cited the numerous comments received during the public outreach process that eventually led to the new proposal provisions. The provision to phase out the use of older OWBs in an earlier stage of the proposal was eliminated from the final text of the rule.

“Due to residents grassroots efforts through attending and participating in hearings hosted by the DEC, unnecessary regulations and costs were avoided for people who are already meeting current DEC regulations concerning OWBs," Hawley said in a news release.

"I applaud the effort of the DEC for recognizing the burden of forcing roughly 14,000 households statewide to replace their OWBs at a total cost of anywhere from $10,000 to $25,000 for a new unit.”

Hawley also added that he will now continue to push DEC to listen to citizens regarding the strict open burning regulations implemented last year.

He is currently a co-sponsor on NYS Assembly Bill 7414 which prohibits the DEC from restricting the burning of garbage, refuse or rubbish in an open fire on land owned by a single family, or any part of a farm, under certain circumstances.

Jessica Wassink's first-grade class at John Kennedy School got a visit from their assemblyman today.

Steve Hawley walked into the class at 2 p.m. and was eagerly greeted by the young students -- some of the boys even wore ties for the occasion.

They immediately began fielding their suggestions for legislation. Hawley talked some about what goes on in Albany and answered their questions, keeping everything in terms they could understand.

Some time ago, during one of our discussions on The Batavian about big box stores, it occurred to me that it might be interesting to get Assemblyman Steven Hawley's take on the issue. Hawley is somebody with deep roots in the community, a small business owner and as a legislator he is in a position to deal with issues that impact small business owners.

Steve was gracious enough to write a response to my question about his position on these issues. Below is his response.

Assemblyman Steve Hawley (R, I, C – Batavia): What the state legislature and local community can do to support New York’s small businesses.

In our free market economy, practiced in the United States, consumer demand is the driving force behind the success or failure of all businesses. Products and services are produced on an as-needed basis, with increased sales or transactions or product made and another job created. In truth, the way you spend your dollar has a ripple effect that can reach across your community, the state of New York, the country and sometimes across the globe. That’s the beauty of the free market – the power is in your hands.

Armed with the knowledge that the market conforms to your decisions, the question becomes how you want to spend your hard-earned money. In communities across our great state, consumers are faced with the same decision each and every day; should I take my dollar to a locally owned business or to the nearest “Big Box” location?

Surely, I recognize the minor advantages presented by global conglomerates offering generic products in bulk at deflated prices, but the consequences of abandoning your neighborhood shop in favor of a multi-national corporation go far beyond the bill at the bottom of your receipt.

For example, the money made by a business is used for, among other things, creating and maintaining positions of employment. Companies like Home Depot are world-renowned for hiring almost exclusively on a part-time basis so that they can avoid paying benefits afforded to full-time employees, such as health insurance and paid vacation.

So when you buy your groceries at a “Big Box” store, you are perpetuating their cycle of under-employment and inadequate compensation for their workers, who are also your neighbors. When you buy locally made products at your neighborhood store, your dollar is providing full-time, gainful employment for the members of your community.

The industry that may rely the most heavily on the loyalty of the local consumer is agriculture. No other profession requires the amount of dedication and hard work displayed by Western New York’s farmers.

This is why it is so vital for consumers to partake in local farmers’ markets that display the best agricultural products in the community in one convenient location. I have introduced legislation A11270 that would encourage businesses -- large and small -- to sell NY grown (goods), and produce an income-tax credit based on receipts scale. We all need to take pride in our citizens and businesses ingenuity and incredible capacity to produce high quality products.

Buying locally from small businesses provides jobs that offer adequate compensation for their employees, which feeds back into the economy on even deeper levels. If a worker has access to vacation days, they are able to travel with their family to state parks and other attractions, keeping revenue in the state that funds our schools, hospitals and community projects.

Travelers eat at local restaurants, which use their profits to employ residents of their communities, who in turn can contribute to the state’s economy in the same fashion. In a free and open market, every dollar spent embarks on a cyclical path, and the results are felt on a bafflingly large scale.

This is why it is so important that consumers pass up the allures of “Big Box” stores and stay committed to the products and services being provided by the members of their own communities; every dollar you spend has a ripple effect that will eventually circulate and positively affect you.

As an independent businessperson, I know firsthand the impact of nationwide “Big Box” companies who attempt to impact my own bottom line. I employ eight people in my business, whose jobs are jeopardized by these “Big Box” insurance companies that employ the bare minimum of local residents, if at all. All businesses like mine face a heightened, adversarial impact from national companies located outside NY. The impact requires us all to utilize differing methods of business acumen.

If the power is in the hands of the consumer, this begs the question: what role does the state legislature play in the realm of business? The main responsibility of the state legislature in this area is to create and foster opportunities.

There are multiple approaches to achieving this end and, for New York, the most pressing is creating a more welcoming business environment. Surveys consistently rank New York near the bottom for being business-friendly. As reported by the National Federation of Independent Business, 79 out of 150 (53 percent) New York State Assembly members voted against business interests a staggering 80 percent of the time.

This poor ranking is attributable to stringent regulations and oppressive taxes, which put an undue burden on businesses both large and small. The state legislature plays a key role in setting these unfortunate policies. To truly help strengthen small business and heightened employment, the state legislature must cut taxes, drastically reduce oppressive mandates and put an end to out-of-control state spending.

I have personally sponsored legislation to work with businesses instead of against them, such as my bill to extend the agricultural property tax credit to qualifying farmers, legislation to repeal the $50 registration fee for businesses to collect sales tax and legislation to repeal the 2 percent utility tax.

These actions create a more permissive environment, in which all businesses will have an environment more conducive for success. These changes would particularly help small businesses, as taxes create extra cost that they do not have the capacity to absorb, forcing them either to close their doors or relocate. With the shackles of regulations and taxes relieved, small businesses will be given an opportunity to compete, thrive and innovate in the free market.

The spread of the globalized economy has ushered Big Box stores into communities across the state, threatening the small businesses that are the backbone of our local economies. This shift in the structure of the marketplace must be answered by legislation that supports our small businesses so that they are still able to compete and offer products to consumers. In a free market, consumers have the power to make the choice of supporting local businesses -- our own neighbors.

Two bus loads of area residents departed from the Batavia Downs parking lot this morning for "Patriot Trip III," the annual trek to Washington, D.C., organized by Assemblyman Steve Hawley.

The trip includes tours of the WWII, Vietnam, Korean and FDR Memorials as well as the Nation’s Capitol, Arlington Cemetery, and Udvar Hazy Aerospace
Museum. Each traveler paid $325 to join the group and they will stay at Fort Belvior Army Base in Virginia.

For many of the people joining the tour this year, it is their third time making the trip to D.C., and some first-timers said they were excited to be going in this year.

Assemblyman Steve Hawley is perfect; at least, according to a group that describes itself as bi-partisan and pro business.

Hawley was only one of two Assembly members to receive a 100 percent score from Unshackle Upstate.

The group scored legislators based on their votes on a series of business and tax bills.

Brian Sampson, executive director of Unshackle Upstate, said in a statement that the scorecard is designed to help voters understand how their legislators are spending their money and whether they support lower taxes and a pro-business environment.

“This is an educational tool,” Sampson said. “We simply can’t blindly vote for the same people we have year after year, or else we’ll get the same government we’ve had for year after year.”

Hawley issued a press release Tuesday touting the perfect score. The text follows the jump:

Assemblyman Steve Hawley (R, I, C – Batavia) was recently issued a perfect score on Unshackle Upstate’s 2009-10 legislative scorecards. Hawley received all 100 possible points based on his voting record on legislation impacting businesses in Upstate New York. Of the 212 members in the New York State Legislature, Hawley is one of only two legislators to be honored with a spotless record.

“The key to restoring the health of New York’s economy is to afford our state’s businesses with every opportunity to succeed so that they can provide employment to the people of New York,” said Hawley. “This can only be accomplished through an unwavering commitment to protecting businesses here in Upstate New York, fostering a climate that attracts businesses to our region and keeps them here in the future.”

Unshackle Upstate, a bi-partisan coalition supporting pro-business reforms in Albany, rated legislators based on their voting and sponsorship records on budget bills and other legislation that the organization has taken a stance on.

The scorecards are used to show voters where their representatives stand on the issues most important to the health and growth of business in Upstate New York. Hawley, who was also recently named the most pro-business assemblyman in Western New York by the National Federation of Independent Business New York Chapter, is hopeful that these scorecards will serve as a wake-up call for legislators and constituents alike.

“Unshackle Upstate is providing a valuable tool to empower New York voters that are sick of the double talk and inconsistency they receive from their elected officials,” Hawley said. “The issue is crystal clear; either you support Upstate New York businesses when it counts the most, or you wilt under the pressure and abandon the New York economy. I will continue to support all legislation that will bolster economic development and sustainable job growth for the dedicated and hardworking citizens of Upstate New York.”

Here's a news release sent today from Assemblyman Steve Hawley's office.

Assemblyman Steve Hawley toured local businesses and met with local business leaders earlier this week to discuss ways to improve economic development in Western New York.

During the 2010 Legislative Session, economic development programs statewide were charged new fees and saw development funding significantly decreased, which Assemblyman Hawley voted against.

“As a local business owner in Western New York, I know firsthand how difficult and unfriendly New York State is for businesses, especially small businesses,” Hawley said. “Over the years, Albany has increased taxes, fees, and regulations to the point that starting or maintaining a business here is almost impossible.

"It is my hope that by working with local business leaders we can create a grassroots movement to tell Albany that it needs to stop its tax-and-overspend policies. We need to start investing in job creation and economic development programs.”

Hawley’s local business tours started earlier this month with a visit to Willow Specialties in Batavia on Aug. 6 to meet with CEO Bernie Skalny. Willow Specialties produces baskets and packing supplies for hotels, restaurants and supermarkets across the country.

On Aug. 17, Hawley met with Jim Lines, president and CEO, and Jeffrey Glajch, CFO, of the Graham Corp. in Batavia, a leading designer and manufacturer of vacuum and heat transfer equipment for energy markets and process industries.

On Aug. 24, Hawley met with Peter Milicia, president of BMP America, Inc., in Medina. BMP America specializes in manufacturing and converting technical non-woven textiles and engineered polyurethane elastomers.

Hawley’s local business tour will continue with planned visits to TREK, Inc., in Medina, Precision Packaging Products in Holley, and Allen’s Canning – Birdseye in Oakfield.

Earlier this month, the National Federation of Independent Businesses (NFIB) released its 2009-2010 Voting Record, which outlines the voting record of legislators regarding critical economic development and job creating legislation in New York.

While 79 of 150 Assembly members voted against business interests 80 percent of the time during 2009 and 2010, Hawley was rated among the most business-friendly legislators in the state with a pro-business voting record of 91 percent.

Here's a news release sent today from Assemblyman Steve Hawley's office.

For the last two years, I have written numerous letters and made several phone calls to the NYS Attorney General’s Office and personally met with a representative of the office concerning the drastic fluctuation in the price of gas from county to county.

In my letters, I cited the discrepancy of gas pricing and frustration felt by citizens in the 139th Assembly District.

The district I represent consists of all of Orleans County, most of Genesee County, the Town of Somerset in Niagara County and the towns of Clarkson, Parma and Hamlin in Monroe County.

In most instances, the price per gallon of gas is considerably higher in Genesee and Orleans counties than in the surrounding counties. I know there are many variables which determine the price per gallon of gasoline, but with the price per barrel of crude oil falling, this discrepancy should not occur in Western New York.

In his response to my letters, the Attorney General’s Executive Director of Legislative Affairs and State Policy Jim Malatras notified me that the issue of price gauging was still under investigation.

A two-year investigation without a concrete and definitive answer other than “it’s zone pricing” is long enough.

For this reason, I encourage citizens who feel the variance in pricing should be investigated to express your opinions by contacting the NYS Attorney General’s Office or by signing the New York State Consumer Protection Board CPB Gasoline Price Gouging Complaint Form.

Attorney General’s Office
Phone: (585) 546-7430
Website: http://www.ag.ny.gov/resource_center/complaints/complaints.html

NYS Consumer Protection Board
Website: https://www1.consumer.state.ny.us/cpb/GASComplaintForm.html

Assemblyman Steve Hawley (R, I, C – Batavia) issued the following statement today after the Assembly and Senate finished their two-day extraordinary session.

“The Legislature was called into extraordinary session this week to finish the 2010-2011 State Budget, which is now four months late.

"Sadly, instead of doing the job that voters elected them to do, the Legislative majorities instead decided to gavel in and gavel out of session, leaving the budget to wait another week, if not another month.

"This useless extraordinary session cost taxpayers more than $100,000, and, even worse, many members of the Legislature decided to not even show up for work. Incumbent members of the Legislature need to either show up and do the job New Yorkers entrusted them to do, or they need to get out of the way of those of us looking to be part of the solution.

"New York cannot afford this kind of incompetent leadership from the majorities anymore.”

This information is from a news release from Steve Hawley.

On July 1, Assemblyman Steve Hawley closed out the 2010-2011 Legislative Session by giving New York State flags to his colleagues in the Assembly.

Earlier in the week, Elba Town Supervisor Lucine Kauffman, and her husband Bill, took a tour of the State Capitol arranged by Assemblyman Hawley.

Upon reaching the Assembly Chamber, Supervisor Kaufmann and Bill were surprised to find that in addition to the American flag, many of the members' desks included flags of other countries and social causes, but there was not one New York State flag.

With that in mind, Assemblyman Hawley purchased New York State flags for each of his Assembly Minority colleagues, and several of his colleagues in the Majority, to go with their American flags.

They serve as a reminder that although this year was a banner year for dysfunction and fiscal mismanagement in Albany, the legislature should still show pride in our home - New York State!

Assemblyman Steve Hawley issued the following news release today on what he says is the state Assembly Majority's use of "tax-and-borrowing gimmicks" to complete the new budget.

“After months of delay and behind-closed-door negotiations, the Assembly Majority finally finished their portion of the 2010-2011 State Budget tonight. Sadly, rather than pass a state budget that would properly close the $9.2 million budget deficit, limit state spending, and ease the burden on taxpayers, this budget instead increases taxes, fees, and
borrowing, while doing little to prevent future budget deficits from occurring.”

“The final assembly budget came to a total of $135.7 billion -- $1.7 billion more than the 2009-2010 budget -- and included $1.45 billion in new taxes and fees, while using vague ‘savings’ plans instead of real cuts. The most notable of which is the $330 million tax hike on clothing sales.

"However, what’s worse is the fact that the completion of this budget essentially came down to fuzzy math and unconventional borrowing that deferred job-creating tax credits and raided contributions to the state pension fund and other state funds.

“Specifically, the Western New York Energy LLC is one of the companies affected the most by this legislation. Under the budget legislation, this business will lose $2 million of their job-creating tax credits from the state.

"Add that to the proposal to collect $100 million in 2010, $970 million in 2011, and $870 million in 2012 on other businesses through the deferral of their job-creating tax credits, and it is clear that (Thursday's) budget legislation will send the wrong message to businesses who are located here and are considering to locate here.

“The Assembly Majority should be investing in businesses to promote job creation and to boost our economy. Instead, they continue to look for quick money grabs regardless of the long-term consequences.

"I voted against this budget legislation July 1 and encourage my colleagues in the Senate to return to Albany and make the difficult decisions by cutting back and doing the right thing for the ridiculously overburdened taxpayers of this state!

"By downsizing government and rewarding hard work ethic we can return our state to the ‘Empire State’ status sooner, rather than later or never.”

The overwhelming majority of those who attended a public hearing at Genesee Community College on Monday oppose rule changes for operating wood boilers.

About 14,000 New Yorkers have wood-boiler heaters as their primary source of heat in cold weather. Proposed regulations are said to make them unaffordable and costly to retrofit, creating an economic hardship for rural residents, according to Assemblyman Steve Hawley.

His chief of staff was among more than 100 people who attended the local hearing.

Residents have until July 2 to submit written comments to the Department of Environmental Conservation and Hawley is urging them to keep up their grassroots campaign urging the DEC to scrap the plans.

The agency is conducting public hearings statewide, giving information about the newly proposed regulations and getting feedback from those affected by them.

The DEC proposal would impose new regulations on operating requirements for both new and existing outdoor wood boilers. Outdoor wood boilers would have to be at least 100 feet from neighboring properties and would have to be at least 18 feet in height.

New York is the only state considering new regulations on existing wood boilers.

“Purchasing and installing new wood boilers can cost anywhere from $10,000 to $25,000," Hawley said in a news release. "At that price, these new restrictions are simply
unaffordable for many people whose boilers already meet the current DEC regulations.

"With only about a hundred complaints over the last four years leading to these proposed regulations, clearly this is just another example of a downstate-controlled government agency circumventing the legislature to enforce a mandate."

Here's a media release from Chris Barons, Assemblyman Steve Hawley’s possible opponent this November, in response to Hawley’s ‘No’ vote on re-opening state parks:

Although I deplore the backroom politics and pretentious raiding of the Environmental Protection Fund, Mr. Hawley's assessment is short-sighted.

In March 2009, a study prepared for Parks & Trails New York by the Political Economy Research Institute (PERI) (Heintz et.al., 2009), University of Massachusetts-Amherst, found that the combination of annual state and visitor spending at all New York State Parks supports up to $1.9 billion in economic output and business sales and up to 20,000 jobs throughout the state.

In February, the Office of Parks, Recreation, and Historic Preservation (OPRHP) released a list of closures and service reductions in order to meet the budget reduction, part of a comprehensive plan to close an $8.2 billion deficit.

The OPRHP’s list of closures included 41 parks and 14 historic sites, and service reductions at 23 parks and 1 historic site. Included in the closure list was Allegany State Park, which provides $62 million in revenue and 860 jobs to its three-county area.

Park visitor expenditures within the Allegany Region were estimated to be between $33.7 million and $69.3 million annually with 87% of its visitors from outside the tri-county area.

Clearly the nine Finger Lakes Region Parks and three Genesee Region Parks would generate more local revenue than the $14.9 million outlay to keep them open. Allegheny Park alone generates nearly five-times the outlay, and there are eight other regions across the state.

Assemblyman Steve Hawley announced last week that the Downstate Assembly Majority "under the cover of darkness at 3 a.m." introduced legislation to reopen state parks and historic sites which were closed due to budget constraints.

In a press release, Hawley said he could not vote in favor of the bill, however, "due to its proposed $14.9 million tax increase on businesses and manufacturers, an $800,000 additional cost to Kodak, and the sweeping of the Environmental Protection Fund to the General Fund, instead of making the necessary cuts in state spending."

He says the bill will also be harmful to the agricultural industry since it will reduce funding for farmland protection and soil and water conservation.

"I have advocated for the reopening of state parks throughout the budget process, but this legislation and its increased burden on employers will only discourage job creation, while also setting a precedent for Albany to sweep state funds to close budget gaps,” Hawley said.