Steve Hawley

HAWLEY OPPOSED TO NEW BURN BAN REGULATIONS

Outlines Effects of New DEC Statewide Burn Ban Regulations

Assemblyman Steve Hawley (R, I, C – Batavia) today discussed his ardent opposition to the state Department of Environmental Conversation’s (DEC) new statewide burn ban regulations while appearing on a series of radio interviews, including WHAM Talk Radio.  The new regulations, which prohibit open fires in populations greater than 20,000, were announced by the DEC last week.

“While the DEC claims that there will be no additional mandates for local governments, that is clearly untrue.  In fact, the DEC admits that local government waste managements will have to expand in order to accommodate the increased amount of waste the burn ban will create.  Additionally, even though the DEC estimates that the additional cost to residents would be around $50 per ton of waste, Western New Yorkers’ household budgets are already squeezed too hard.  How much more ‘big government’ can our rural communities take?” asked Hawley, who voted against a similar piece of legislation, A.5457 of 2007, when it came before the Assembly (the bill was held in committee in 2008).

After the failure of such legislation to pass both houses of the State Legislature, discussions about instituting new statewide burn ban regulations began in the spring of 2008.  Immediately, Hawley contacted the DEC to express his opposition to the measure and his feelings that creating a new regulation, in lieu of a law, was circumventing the legislative process.  Additionally, that July, when the DEC held public hearings regarding the initiative, Hawley appeared before the panel to verbally express his opposition.

Due to the widespread opposition from rural communities regarding a statewide burn ban, the proposal was changed slightly to allow for a number of exemptions, including allowing on-site burning in towns with populations less than 20,000.  This and a dozen other exemptions were included as part of the DEC’s final burn ban proposal announced several days ago, yet no provisions were outlined to assist local governments in affording or accommodating the increased amounts of waste.  As detailed in the DEC’s “Express Terms 6 NYCRR Part 215:”

“This is due, for the most part, to the 6 NYCRR Part 360 Regulations which were promulgated on December 15, 1988. These regulations required each county to be responsible for the management and disposal of all municipal solid waste generated in their area. Most counties formed solid waste management associations and either built a landfill, built a series of transfer stations, or both. In turn, the municipalities which were now responsible for waste disposal would pay for the cost of disposal by raising taxes, charging fees at transfer stations, or both. For example, a rural community with a population of 1000 might expect their cost of transport and disposal of solid waste to increase by as much as $12,155.00 per year. This is based on data provided by the Division of Solid and Hazardous Materials and assumes the following worst case factors: one resident in three currently uses a burn barrel to dispose of their waste; an average person produces four pounds of solid waste a day; and the cost of transport and disposal of solid waste is $50.00 per ton…

“There will likely be a need for more employees (or employee hours) at rural solid waste transfer stations and at private waste haulers. Rural solid waste transfer stations are usually small facilities where residents bring their refuse, leaves, brush and recyclables. They typically consist of nothing more than a few roll-off containers into which residents deposit their wastes. When the containers are full, they are carted off to a permitted, composite lined solid waste landfill.

“Due to the potential increase in the amount of household waste, brush, and land clearing debris, communities may need to upgrade these transfer facilities. Most rural transfer stations are located on adequate land for expansion; many of them being located at a former landfill which was closed under 6 NYCRR Part 360 regulations. Upgrades would primarily consist of large trash compactors for household refuse, and wood chippers or tub grinders for brush and land clearing debris. Some communities currently rent tub grinders on a weekly or monthly basis to reduce brush/limbs to wood chips or mulch. These products can in turn be given back to the residents or used in municipal landscaping projects.”

As Hawley explains, “Sure, right now, a waste facility in a rural community may consist of just a few bins so, in theory, asking a local government to purchase a couple more bins doesn’t seem like a huge deal.  However, the reason why there is such little waste, as used in their statistics, is because in rural communities like ours, people burn their waste to keep it out of the landfills.  The statistics that the DEC is using are not realistic, therefore, the ‘marginal’ costs they estimate for our communities cannot be on target either.”

The DEC plans to submit their proposed regulation to the state within the next few days.  If approved, the new regulation would go into effect after 30 days.  However, Hawley has signed onto and supports A.7414, bipartisan legislation to prohibit the DEC from restricting the burning of garbage, refuse or rubbish in an open fire on land possessed by a single family or any part of a farm under certain circumstances.

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HAWLEY’S BILL TO REPEAL NEW UTILITY TAX GAINS STEAM IN ALBANY

As the original author of legislation to repeal the new two percent tax on utilities, Assemblyman Steve Hawley (R, I, C – Batavia) is pleased to report that his legislation has now gained the support of over two dozen, bipartisan members of the State Assembly.

“I am pleased that so many of my colleagues have already signed on to support this important bill in such a quick period of time,” said Hawley.  “It is good to know that members, from both sides of the aisle, can still come together over common-sense measures that benefit the people of our state and I look forward to their continued support when we return to Albany.”

Assembly Bill 9098, authored by Hawley, will repeal in full the increased tax on utilities, which now totals 2 percent of a consumer’s bill.  The tax increase was made as part of the enacted 2009-10 State Budget, which Hawley opposed.  The newly increased tax went into effect on July 1, 2009 and will cost average homeowners an increase of $40 to over $200 annually.

Hawley’s bill, A.9098, has been introduced and referred to the Assembly Committee on Corporations, Authorities and Commissions for their review.  With four members of this committee signed on to support this bill so far, and the growing support for the initiative with the public, Hawley is hopeful that the bill will be addressed when the Assembly is called back into session. 

“This winter is going to be tough for many New Yorkers, especially seniors here in Western New York, to afford their utilities.  Already, in previous years, we have seen seniors forced to choose between food, prescriptions and heat.  This increased tax compounds that problem and that’s why, before this winter, I hope that we can repeal this excessive tax,” said Hawley.

The Assemblyman is not only working across the aisle to garner support for this bill; he is looking at both houses.  As previously announced, State Senator Michael Ranzenhofer has agreed to carry the bill in the Senate and together he and Hawley are working to encourage more senators to support the bill as well.

            Members of the public who would like to see the 2 percent utility tax repealed should contact Assemblyman Hawley’s office to sign his petition, which will be delivered to the Governor.  Residents should also write to the Chair of the Assembly Corporations, Authorities and Commissions Committee, Richard Brodksy and ask that he immediately take action on the bill.  You can contact Assemblyman Brodsky by writing, calling or emailing at the following:

The Honorable Richard Brodsky

Chair, Assembly Corporations, Authorities & Commissions Committee

5 West Main Street, Suite 205

Elmsford, NY 10523

Phone: (914) 345-0432

E-mail: brodskr@assembly.state.ny.us

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HAWLEY DISPELS “STATE TAKEOVER OF OTB” RUMORS

A member of the Assembly Racing and Wagering Committee, Assemblyman Steve Hawley (R, I, C – Batavia) would like to assure all residents that rumors currently circulating of a state takeover of Off Track Betting (OTB) operations are untrue.  The Assemblyman has been vital in brokering racing and wagering agreements with the state, such as the new New York Racing Association (NYRA) agreement that increased revenues for Batavia Downs.

“To be very clear, there have been no discussions of a state takeover of OTB and should such discussions arise, I would like all residents to know that I am strongly opposed to such an initiative, especially regarding a takeover of OTBs in Western New York,” said Hawley, who upon learning of the rumors, immediately called Western New York OTB officials to dispel the rumors.

The state took over New York City OTB in June 2008; however, due to mounting problems, on September 1, 2009, Governor Paterson signed an executive order allowing the NYC OTB organization to file for reorganization under Chapter 9 of the federal Bankruptcy Code (executive order #27).  In that executive order, the Governor has directed NYC OTB to put together a restructuring plan within the next two months.

Contained in the 2008 legislation allowing the state to take over NYC OTB, the State Legislature also appointed a task force to study regional OTB corporations.  Their report is due later this fall.

Both of these actions have helped to fuel rumors that the task force would “rubber stamp” a rumored initiative for a state takeover to allow OTB revenues to be moved from local governments to the state’s General Fund to balance budget deficits.

In order for the state to take over OTB corporations across the state, there would need to be legislation drafted and moved through both houses.  However, at this time, there is no such legislation, nor have there been discussions to draft or introduce any legislation of the sort.

Assemblyman Hawley stated, “I can certainly understand the concern: last year the Governor swiped money from snowmobilers, this year he chose to give $200 handouts to recipients of social services instead of renewing the STAR rebate program.  Both of his budgets have been excessive in their spending, irresponsible and secretive in their negotiations. When it comes to making fiscal choices, there is a reason why New York State residents are skeptical of the Governor doing the right thing.  However, at present, I would like to ensure all residents that there have been no discussions about a state takeover of OTB operations.  Furthermore, I am adamantly against such a proposal and will fight it tooth-and-nail should such a proposal be made.”

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MAZIARZ & HAWLEY CALL TO FILL VACANCIES WITH OPEN ELECTIONS

With 4 of the State’s Leaders Appointed, Hawley & Maziarz Work to Ensure “Participatory Government”

State Senator George Maziarz and Assemblyman Steve Hawley (R, I, C – Batavia) called on the Governor to hold open elections when filling vacant high-level elected offices.  With the Governor, one of the state’s two United States Senators, Comptroller and now the Lieutenant Governor, all appointed or filled without public input, the legislators are concerned at the lack of “participatory government.”

“One of the greatest freedoms our nation has, and one of the greatest actions our citizenry has is a voice in choosing who represents them.  For the last three years, however, high-level state and federal leaders from our state have been ‘specially’ appointed rather than elected into office.  This severely undermines the public’s ability to exercise their right to vote and their voice in government, and further diminishes an already damaged sense of trust in government,” said Hawley, who is the original author of legislation that would address this issue.  “Had this bill to amend the constitution of our state been addressed and enacted after I first introduced it in March 2008, some of this year’s dysfunction could have been avoided and the people would have been able to elect their own Comptroller, Governor and Lieutenant Governor.” 

Senator Maziarz, who introduced the bill in the State Senate, stated, "Elections should determine who our state leaders are, not appointments.  We are a demoncracy and that means that power ultimately rests with the people.  That power is best exercised in the voting booth.  So, in my view, when we have to fill a vacancy in a major office, the best thing to do is empower the people and let them decide."

 Bills S.6127/A.1140 and S.6126/A.1141 would provide a process of open, public election for filling high-level state positions, such as Governor, Lieutenant Governor, Comptroller and Attorney General.  Specifically, the legislation would change current law by automatically calling for an open election for any vacated top elected offices in the next scheduled general election.  This would prevent appointments for 3- or 4-year terms without the public having had the opportunity to voice their opinion.  The bill would go into effect after it is passed by both houses in two consecutive legislative sessions.

By initially filling vacancies through appointment until the next general election, the bills would not burden the state with the additional cost of holding a special election.  Under current law, only one person, Governor Paterson, who was appointed himself, has the power to name his successor. 

            While this initiative gained bi-partisan support in the State Legislature, as well as popular support among New Yorkers, the bills were held in the Assembly Judiciary Committee and have not been addressed in the Senate.  Both legislators are again circulating the legislation to their colleagues in the Assembly and Senate for their support and sponsorship.

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HAWLEY WORKS TO REPEAL NEW UTLITY TAX

Assemblyman Steve Hawley (R, I, C – Batavia) is drafting legislation that would repeal the two percent tax on utilities.  The tax is estimated to cost average consumers between $40 and $200 annually and went into effect on July 1, 2009.

“Already residents are struggling to pay their utility bills, especially our seniors.  This tax is a perfect example of Albany shifting the burden of their out-of-control spending in our state and I am working to relieve residents and businesses from this unnecessary tax,” said Assemblyman Hawley.

            Part NN of Article VII of the Laws of 2009 established a utility service conservation assessment of two percent on utilities statewide.  The measure was enacted through the budget bill, Assembly Bill 159-B, which Hawley voted against.

Since 1972, a similar tax of .3 of one percent was bundled into the delivery charge portion of a consumer’s utility bill. This new tax, increased by more than 300 percent to 2 percent, is expected to raise $557 million for the state’s General Fund or more than $2.8 billion through March 31, 2014. 

To offset the revenues lost by rescinding this new tax, Hawley proposes that the state first address their “addiction to spending.”  He has compiled a list of areas where the state could spend less or consolidate without compromising services.  For example, this year’s budget appropriated $60 million for new land acquisition and $200 million in member item spending.  The state also has continued to purchase and finance state-owned automobiles as perks for certain employees at an estimated cost of $10 million annually.  These appropriations are, in Hawley’s view, an inappropriate use of taxpayer dollars given the current fiscal climate.

Additionally, Hawley states that $1 billion in administrative costs could be saved by merging certain governmental agencies, such as the state Department of Correctional Services with the divisions of Criminal Justice, Probation and Correctional Alternatives and Parole or the state Office of Real Property with the Department of Taxation and Finance.  Another $5 billion also could be saved by addressing Medicaid fraud, waste and abuse.  Currently, the state is only recovering an average $500 million, leaving an estimated $4.5 billion in taxpayer dollars being misused.

            The Assemblyman will be seeking the sponsorship of his colleagues in both houses and will urge the State Legislature to address the bill when lawmakers return to Albany.

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HAWLEY HELPS PASS BILL TO SAFEGUARD CHILDREN

Legislation to Protect Against Sex Offenders Passes Both Houses

Assemblyman Steve Hawley (R, I, C – Batavia) voted in support of legislation that would help safeguard children from sex offenders by allowing residents to sign up to receive e-mail alerts when Level 2 and 3 sex offenders move into their neighborhood (A.1242-B).

“In today’s busy world, not every parent or guardian has the time to constantly check the Internet database; however, as a parent myself, I know there is nothing more important than keeping our children safe.  This bill helps parents and guardians do that in a quick, free and common-sense manner for today’s world,” said Hawley.

The service would allow residents to sign up for the e-mail alerts through the Division of Criminal Justice Services website.  The resident would be able to specify the geographical area of concern for them and then receive e-mail notifications if a Level 2 or 3 sex offender moves into that area.

The bill has now been passed in both houses and is before the Governor for his consideration. 

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HAWLEY PASSES 15 BILLS FOR WESTERN NEW YORK

As the regularly scheduled legislative session drew to a close, Assemblyman Steve Hawley (R, I, C – Batavia) was pleased to have been able to have over a dozen pieces of his legislation passed, despite a banner year for Albany’s notorious dysfunction.

“Despite all the chaos, changes in leadership and gridlock, I was able to get some common-sense and important pieces of legislation passed that will greatly help the communities in Western New York, as well as the rest of the state,” said Hawley.

Of the 15 pieces of legislation that Hawley sponsored, which passed the Assembly, five bills specifically helped local communities in Western New York.  These bills include measures to help town court proceedings in the towns of Elba, Oakfield and Batavia, and the city of Batavia.  These four municipalities are leading the way in the state for finding an innovative solution, to their individual need for new and upgraded court facilities, will help local governments save taxpayer dollars by sharing services and building a joint court facility.

Perhaps Hawley’s largest statewide initiatives that passed were measures to help firefighters.  Assembly Bill 2733-A establishes the volunteer firefighter and volunteer emergency services recruitment and retention fund.  Assembly Bill 6051-A allows firefighters to operate a fire truck without possessing a commercial driver’s license, saving fire districts endless amounts of time, which can be better spent training, as well as thousands of dollars annually.  This measure was passed by both houses and signed into law.

            Hawley’s passed legislation also includes a number of initiatives to help those with disabilities.  Assembly Bill 7848 requires access aisles of handicapped parking spaces to be marked with a sign and stripes; and Assembly Bill 7849 requires that handicapped parking spaces be at least 8 feet wide.

            The Assemblyman also played an instrumental role in leading the fight against some of the more dangerous bills that came to the floor, such as the “Farm Death Bill.”  Hawley stated, “The fight against this harmful bill, brought together farmers, farm workers, and agribusinesses, and bipartisan legislators from across the state.  This opposition was an example of Albany at its finest.  Unfortunately, its passage in the Assembly highlighted the standard dysfunction in the State Capitol, but I am hopeful that our collective voices will help prevent this bill from coming to fruition in the Senate.”

            Hawley also lead the charge for other important measures, such as property tax relief.  During and after budget negotiations the Assemblyman stood on the Assembly floor to demand relief for overburdened homeowners and businesses, specifically calling on both houses and the Governor to reinstate the STAR Rebate Check and restore cuts made to the traditional STAR programs.  Hawley also called on the Governor to make smart usage of the $1 billion in federal stimulus dollars which have not yet been appropriated.  He commented, “We need to begin looking at ways to make it easier for residents and businesses to survive.  Maintaining jobs, and attracting new ones, are necessary to keep our economy moving.”

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***NOTICE OF PUBLIC EVENT***

HAWLEY TO HOST FREE CAR SEAT SAFETY CHECK ON JULY 11

Assemblyman Steve Hawley (R, I, C – Batavia) will be hosting a free car seat safety check on Saturday, July 11, from 10 am to 1 pm, at the Albion Fire Hall.  All are invited to attend this important public safety event.

“Despite parents’ best intentions, statistics show that 70 percent of car seats are installed improperly.  I would like to encourage all parents to attend this important event and would like to thank the New York State Police for coming to make sure car seats are properly installed,” said Hawley.

Assemblyman Steve Hawley’s Car Seat Safety Check

Hosted in conjunction with the New York State Police

Saturday, July 11, 2009

10 a.m. to 1 p.m. 

Albion Fire Hall

108 North Platt Street

Albion, NY 

RSVP by calling Assemblyman Hawley’s office at 585-589-5780

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With Talk of Reform Taking Center Stage in Albany, Western New York Minority Delegation Unveil Own Package of Initiatives

            On Monday, June 8, a bipartisan coalition of state senators passed a comprehensive list of rules reforms that if enacted, would help bring long overdue transparency and accountability to the legislative process.  On the heels of that reform package, today, the Western New York Minority Delegation led by Assemblyman Steve Hawley (R,I,C-Batavia), Assemblyman Joe Giglio (R,I,C-Gowanda), Assemblyman Jack Quinn (R,C,I-Hamburg), Assemblywoman Jane Corwin (R,C,I-Clarence), and Assemblyman Jim Hayes (R-Amherst) announced their own series of initiatives, which aims to increase government efficiency, reduce costs and create a more open, bipartisan democratic process.

            The Western New York Delegation package contains nine reform proposals, including:

ü      Term limits for Speaker, Majority Leader and Minority Leader of 6 years.

ü      Term limits for Chairpersons and Ranking Members of 8 years.

ü      Publish agendas and votes (floor and committee) online.

ü      All committee meetings video recorded and webcast.

ü      Create televised programming, NY-SPAN, by January 1, 2010.

ü      Divide any member items evenly.

ü      Messages of Necessity shall only be permitted in actual emergencies “such as legislation related to address acts of God, natural and man-made disasters and civil unrest.”

ü      Institute Member prerogative to provide each member an equal allotted amount of time to advocate for issues specific to their district.

ü      New motion and/or petition for Consideration created.

o       Separate and in addition to motion to discharge.  Permits a Member to move a bill for house consideration after 10 days on 3^rd reading.  If approved by a majority of Members present, bill is placed on next day’s active list.  Petition process is same, except must be signed by a majority of elected Members.

“Citizens in the state should never be dependent on whether their representative is enrolled in a particular party,” said Assemblyman Steve Hawley.  “True representation has no party affiliation.  It doesn’t matter whether you’re an enrolled or non-enrolled voter, your needs should be met.  For too long, Albany has operated based upon party politics, not sound governing principles.  We need to open up the process and improve transparency in order to make sure the government stands accountable to the people, not the other way around.  These reforms take a step toward just that.”

“As a reformer, I have fought for changes to the way Albany does business since I came to office,” said Assemblyman Giglio.  “Last Monday, the Senate passed reforms to increase transparency in government.  Today, we should heed their example and take advantage of a unique opportunity to reform our own house.  I call on my colleagues in the Assembly to pass these reforms as a step toward the betterment of our system and accountability to the taxpayers of our state.”

            “Since I was elected to the Assembly, I have fought to change the way Albany operates,” said Assemblyman Jack Quinn.  “Repeatedly though, entrenched and powerful institutions have overridden common-sense initiatives.  However, calls for reform have amplified and if we’re going to break the status quo and usher in a new era of reform and openness, then the time is now.  The initiatives we introduced today mirror the proposed Senate reforms.  Together, they will help reduce the stranglehold that a handful of leaders have on the legislative process, ensure all bills receive a fair vote on the floor of the chamber regardless of party, and reaffirm our commitment to taxpayers.”

            “If events of the last few months have taught us anything, it’s that state government is broken,” said Assemblywoman Jane Corwin.  “Monday, a bipartisan coalition of senators passed comprehensive rules reform aimed to bring long overdue change to the legislative process, expand the power of legislative committees, and put to an end an archaic and corrupt memberitem process that doles out resources and community aid based on politics, not need.  This is our chance to instill balance and equality in the legislative process to achieve the results that New Yorkers were looking for when they went to the ballot box last November.” 

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Parma and Hilton

2:00 p.m.
Parma Town Hall
1300 Hilton Parma Road

Parma

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***REMINDER***

***NOTICE OF PUBLIC EVENT***

HAWLEY INVITES ALL TO ATTEND

FREE BOATER SAFETY COURSE

As date approaches, Assemblyman reminds public to sign up

Assemblyman Steve Hawley (R, I, C – Batavia), in conjunction with the Monroe County Sheriff’s Parks and Marine Unit and New York State Parks Police, is hosting a free Boater Safety Course for the public.  The course will be held on Saturday, June 20 at Hamlin State Park.

“We are fortunate to live in one of the best tourist destinations in the Northeast.  This summer, I encourage everyone to rediscover their own backyard and am inviting all boaters to join me at this free and informative event,” said Hawley.

New York State law requires that all boaters pass an 8-hour boater safety course if:

§         You operate a personal watercraft, such as a jet ski, and are at least 14 years of age; and/or

§         You wish to operate a motorboat (other than a personal watercraft) and you are at least 10 years old and less than 18 years old.

Steve Hawley’s free Boater Safety Course is an officially-recognized 8-hour safety course, as required by law.  Subjects covered include proper equipment, the rules of the water, buoys, safe operation, accidents and special activities.  Although the course is free, there will be a $10 fee for processing a permanent boater safety certificate with the New York State Department of Parks.  Anyone caught boating without a safety certificate may face fines and/or imprisonment.

Assemblyman Steve Hawley’s Boater Safety Course

Hosted in conjunction with

the Monroe County Sheriff’s Department

and  New York State Parks Police

Saturday, June 20, 2009

8 a.m. to 4 p.m.

Participants should bring a bagged lunch

Hamlin State Park, Shelter 1

1 Camp Road

Hamlin, NY 14464

RSVP by calling Assemblyman Hawley’s office at 585-598-5780

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