NY shouldn’t use budget process to bypass public debate of important legislation

Editor:

NYS is up to its old tricks – using the budget process to quickly pass legislation.

The Transportation, Economic Development and Environmental Conservation (TED) Bill found under FY2025 Budget Article VII Bills, specifically Parts O and P, include the RAPID Act (Renewable Action Through Project Interconnection and Deployment Act) and the Affordable Gas Transaction Act. These acts deserve individual debate and vote – not as part of an unrelated budget bill.

When the Governor and Legislature use the massive annual budget process with its looming deadline to pass non-budget legislation, the citizens of New York and democracy lose.

There are many topics and issues included in the budget and the timeline for debate and passage is short. Oversight, analysis, public debate and comments are limited. It is a terrible venue for making dramatic changes that impact municipal authority, private property rights and utility access.

The Climate Act became law in June 2019 in a regular legislative process where debate on the bill was extensive.  Since then, much of the legislation that implements the law has been quietly tucked into amendments to the budget and passed.

The Office of Renewable Energy Siting (ORES) was established through a budget amendment in 2020 called the Accelerated Renewable Act (‘’94-c’’) to expedite the permitting of industrial renewable energy projects. Stringent timelines and removal of local government involvement tilted the process towards the State bureaucracy and the developers and it was done under the guise of the budget.

In next year’s budget, currently being debated, the governor has proposed the RAPID Act (Part O of the TED bill) to enable ORES to also expedite transmission projects. It will have the authority to “promulgate regulations on an emergency basis…absent any finding of an emergency.”

In a similar fashion to the 2020 budget amendment, municipalities have few options when projects do not comply with local laws and regulations. This act offers limited recourse for landowners who do not sign a right-of-way agreement with the developers.

The eminent domain procedure law is being amended to add electric transmission facilities. The bill specifically names “open spaces and scenic beauty” of the Adirondacks and Catskill parks to be considered for protection but fails to recognize and protect the natural beauty enjoyed by rural communities across the state.

Lastly, in terms of gas usage in the state, the governor proposes the Affordable Gas Transaction Act (Part P), where a commission of five people appointed by the governor will determine how and when to discontinue gas service.

Individual property rights are being trampled, precious agricultural land, open space and scenic rural beauty are being industrialized, municipalities are losing their ability to advance the needs of their citizens while New York energy policy is running into the brick wall of reliability.

The State Legislature must not abdicate its responsibility to look at the whole picture and long-term consequences of its implementation of the Climate Act.

Pamela Atwater

Barker