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  • AES Lawsuit Update. - Judge Kloch dismissed all lawsuits concerning AES last week. 
  • US&J summarizes meeting at Barker Central Auditorium. Almost 100 hundred attended and learned how they can fight back against Corporate greed, higher taxes and fight the the politicians that help it to happen at the Town level, the County level and the State level.
  • Tax Reform Niagara members Margo Bittner and Merrill Bender were guests on OM Christy's show the PULSE on Cable channel 20 last night form 10 to 11 to discuss the information meeting at BCS and how and why all of Niagara county should be outraged that County taxes alone will go up 3.5% due to the AES PILOT in the first year. Pulse will air again through out the week, check listing for Cable access channel 20.

 

AES LANDFILL: Siting board to discuss landfill's future
By Tasha Kates/katest@gnnewspaper.com
Lockport Union-Sun & Journal

SOMERSET — The New York State Board on Electric Generation Siting will finally meet to discuss a recommended decision on the future of AES Somerset’s landfill more than six months after the decision was made.

The AES case is the third item on the June 21 docket, which was scheduled officially in the last few days. Plant President Kevin R. Pierce said he expects a straightforward meeting.

“Everything should be all set,” Pierce said. “We don’t expect any kind of surprise for us.”

The case is appearing in front of the siting board courtesy of lawsuits brought by the Town of Somerset and the Department of Environmental Conservation in 2004. The plaintiffs are seeking a more secure lining on AES’s landfill.

AES Somerset was processed under Article VIII, which created a siting board of commissioners and also meant the DEC didn’t control the construction of the large Landfill 1.

When the power plant added clean coal technologies in 1999, they began using ammonia in the power process. The gas byproduct of the burnt coal is treated with ammonia, creating ammoniated fly ash that AES puts in the landfill.

Town Attorney Edwin Shoemaker said the Public Service Commission told AES it would have to build more secure, double-lined landfills to DEC standards, but AES continued to get variances to increase Landfill 1’s capacity. When the landfill was finally full, AES contested the belief that it needed a more secure landfill to protect the environment from fly ash.

In July, AES, the town and the DEC created a joint proposal, specifying a modified liner design using soil and HDPE geomembrane barriers. Two administrative law judges created a recommended decision based off the joint proposal, which was issued in December.

AES submitted a 45-page brief on the recommended decision to the siting board in January, saying they did not agree that all current environmental regulations apply to them under Article VIII of the PSC or that this case should not set precedent for future cases before any regulatory agency.

Shoemaker said the siting board will be discussing the recommended decision during the June 21 meeting.

“They will probably recess and we will wait to see if they will accept, reject or modify it,” Shoemaker said. “We would hope this is put to bed. We hope to turn the landfill over to the DEC.”

In the meantime, Pierce said the plant hopes to continue construction of the new section of its landfill this summer. He said most of the infrastructure has been built.

“All of the construction conforms to the joint proposal,” Pierce said. “It’s just a minor modification in the material liner.”

DEC representative Kimberly Chupa said the PSC and AES currently monitor the landfill, which is classified as a non-hazardous landfill.

“The Department anticipates that we will start inspecting the facility in the near future in order to help ensure they are in compliance with Department regulations,” Chupa said.

Contact reporter Tasha Kates at 439-9222, ext. 6241.

 

IDA Reform Bill - A8703/S2413
Call your legislators - Assembly’s website
 

The biggest news out of Albany this week is that Assembly Member Sam Hoyt, Chair of the Local Governments committee, has introduced A8703, a comprehensive IDA reform bill that includes the business standards, accountability measures, and transparency reforms that our statewide coalition has proposed.  A8703 was introduced with 20 co-sponsors including Chair of the Labor committee, Assembly Member Susan John, and Chair of the Corporations, Authorities, and Commissions Committee, Assembly Member Richard Brodsky as co-prime sponsors. 

 

A great editorial appeared in today’s Buffalo News in support of Assembly Member Hoyt’s bill—here’s an excerpt, check out the full article via the link below:

Assemblyman Sam Hoyt, a longtime champion for industrial development agency reform, will introduce a late-session bill that could significantly affect the way IDAs handle development incentives. The measure deserves attention in Albany, although the Legislature breaks camp for the summer soon.  The timing seems right…Hoyt, who proclaims a great passion for reforming IDAs, is well positioned and there is a governor in office who also backs state agency reforms. This could be the year not just for talk, but for action.

There was also a good article in the business section of the Buffalo News today and coverage in several other Western NY media outlets on a report released by our allies at Good Jobs First in Washington, DC.  The report, "Sprawling by the Lake: How IDA-Granted Property Tax Exemptions Undermine Older Parts of the Buffalo/Niagara Area," is an in-depth study of sprawl and consolidation issues in Erie and Niagara Counties and is a great resource for our campaign, particularly since it is home base for both our Assembly and Senate sponsors.  See clips below, and the full report, attached.

 

Back in Albany, Senator George Maziarz, Chair of the Senate Labor committee, who introduced S2413, the Senate’s comprehensive IDA reform bill, is circulating a memo to other Senators today requesting their co-sponsorship.  Currently, only Senator Serphin Maltese is officially co-sponsoring the Senate version.

 

With less than 15 official days of business left in the 2007 legislative session, we must call all Senators and Assembly Members with the following two requests:

 

  1. Co-Sponsor the Legislation.  Senators should submit a “buck slip” to Senator Maziarz’s office to join as a co-sponsor on S2413 and Assembly Members should submit a “blue slip” to Assembly Member Hoyt’s office on A8703.  Legislators should be asked to submit these slips this week—and if they get them in today, their names will be included on the electronic version of the bills as they are updated.  See a list of current co-sponsors on the Assembly’s website—for those that have already signed on, please call to thank them and request that they take the next step…

 

  1. Contact the Majority Leader or Speaker about Bringing IDA Reform to the Floor This Session.  Co-sponsorship is an easy request for our legislators to fulfill—what’s most important is that they take this next step to contact their leadership, either Senate Majority Leader Joe Bruno or Assembly Speaker Shelley Silver, about bringing the legislation to the floor for a vote in the next three weeks.  

 

Please make these calls to your legislators today—it is important that they hear from you that comprehensive IDA reform is a priority for your organization and for our coalition statewide.  We must have more sponsors on the bill representing every region of the state in both the Senate and Assembly to show that there is widespread support for reform.  And with such little time left in the legislative session, we must have legislators contacting their leadership to let them know that statewide IDA reform is one of the key issues that must be resolved this session.

 
Assemblywoman Francine DelMonte 716-282-6062
Assemblyman Steve Hawley  585-589-5780
 

Senator George Maziarz 716-731-8740  He is the Senate Sponsor - encourage him to work hard to get it passed.  And to include Francine DelMonte line from A 8303 where all PILOTS must be approved by local taxing jurisdictions.



PILOT CONTROVERSY:

Tax Reform Niagara Goes Public In Somerset
By Tasha Kates -
katest@gnnewspaper.com

reproduced courtesy of:  Lockport Union-Sun & Journal   ~   5/25/07

SOMERSET — Stealing a line from a car insurance commercial, Tax Reform Niagara spent an hour Thursday night telling people how “15 minutes could save you hundreds on your property taxes.”

The “citizen action committee” hosted its first meeting in the Barker High School auditorium, the birthplace of many district residents’ frustrations over a payment-in-lieu-of-taxes agreement given to AES Somerset this year. The PILOT was the catalyst for the group to invoke change in local government.

Tax Reform Niagara figureheads Merrill Bender, Margo Bittner and Jim Giegerich spoke to a crowd of about 100 people about the group’s current plans to seek Industrial Development Agency reform on a local and state level to ultimately lower taxes.

“The IDAs are giving things away to friends,” Giegerich said. “They’re not even representing you. The Legislature appoints these people.”

The group had several action guides on hand for residents who wanted to get involved. The guide includes instructions for a letter campaign, asking people to copy prepared letters or write their own and send them to politicians involved with state and local IDAs and IDA reform.

A separate letter for those who wanted to protest AES Somerset’s landfill was discussed. The landfill is the topic of a lawsuit brought by the Department of Conservation and Town of Somerset claiming the lining in the current landfill is inadequate and should adhere to current DEC standards.

Bender presented an initial budget for the group, aiming for $11,000 from individual and business contributions. The group is hoping to print fliers and newsletters, have a tent at the county fair and order four Tax Reform Niagara banners, 500 lawn signs and 6,000 refrigerator magnets.

“We’re asking you to support and donate to our cause,” Bender said. “I think we’ve been very successful so far with a tight budget and a grassroots effort.”

A donation jar that was placed on one of the tables up front gathered change and dollars as attendees came to sign up for one of nine committees forming to collect support, factual information and talent to get the word out.

Burt resident Mary Jo Harris is thinking about signing up for a committee. Her motivation for IDA reform comes from a passion for the school district, which she graduated from and returned to so her son could attend Barker.

“I want to fight for my son’s education,” Harris said. “I don’t know if it will be successful, but what other choice do I have? The lawsuits are being fought in court. What is left for the average person?”

Barker resident Virginia Prunella volunteered to do research for the committee. She said she is disappointed the school has to make cutbacks to stay afloat after the PILOT.

“There are some positions that will be eliminated that probably would benefit some of the kids not going on to college,” Prunella said.

Somerset Supervisor Richard Meyers questioned who was paying for the event, which was begun with an update on the district’s financial position from Barker Superintendent Steven J. LaRock. The meeting was advertised on the district’s outdoor sign as a “community informational meeting.”

Giegerich said the group plans to schedule more presentations elsewhere in the county.

Contact reporter Tasha Kates at 439-9222, ext. 6241.

Tax Reform Niagara   ●   P.O. Box 34   ●   Barker, New York 14012

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