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Ten Essential Reforms We Can’t Live Without




          ROCHESTER BUSINESS ALLIANCE
NEW YORK STATE ECONOMIC SURVIVAL GUIDE

TABLE OF CONTENTS          Steps to Survival




                                    steps to
                                         SURVIVAL
           PAGE   4
           Cap the Taxpayer Burden
                                                                        PAGE
                                                        Stop Unfunded Mandates
                                                                               5

           PAGE   6
           End the Double Standard
                                                                        PAGE   7
                                                          Trim Medicaid’s Excess




           PAGE   8
           Control the Debt
                                                                        PAGE   9
                                                 Improve the Competitive Climate




           PAGE   10
           Reform Economic Development
                                                                      PAGE   11
                                               Encourage Innovation in Education




           PAGE   12
           Reduce the Size of Government
                                                                    PAGE   14
                                                         Lower the Cost of Energy
Ten Essential Reforms We Can’t Live Without
                                                                                           INTRODUCTION                 New York Is in Peril




NEW YORK IS IN PERIL. WE
NEED QUICK ACTION FROM
OUR LEADERS TO SURVIVE.
The pressure building from years of excessive            The Rochester Business Alliance welcomes these
government spending and irresponsible state budgets      leaders to office. But we must warn that our state’s
has reached a breaking point. Our ability to restore     financial condition is critical. Without a major change
financial health is in jeopardy.                         in fiscal policies—starting with the 2011 budget
                                                         process—taxing and borrowing will continue to go
Even before the recession, jobs and families were        up, while jobs and population continue to flow out.
leaving New York for more business-friendly states.      As other states grow slowly out of the recession,
From 1993 to 2008, a net total of more than 120,000      New York may not recover.
jobs moved elsewhere—including 50,000 to New
Jersey, 18,000 to Connecticut and 17,000 to Florida.


                                                            120,000                                             1
More than 1.7 million people have moved from New                                                                                            rank among



                                                                                                                       #
York to other states in the past decade, the largest                                                                                        all states for
                                                                                                                                            spending on
out-migration from any state.1                                                                                                              education and
                                                                                                                                            Medicaid
                                                           net jobs lost to other states from 1993–2008
With the recession came more job losses and reduced
state revenues. But instead of curtailing spending,

                                                            $6,419
                                                                                                              6.4%
                                                                                                                                            of personal
our leaders have increased the state budget more than                                                                                       income owed
$30 billion over the last five years. State borrowing                                                                                       in state debt,
has grown by 25 percent over that time, creating a                                                                                          second highest
                                                                                                                                            among large
debt burden second highest among large states.2            in state and local taxes for every resident,                                     states
                                                           the nation’s second-highest tax burden

New York spends more per capita on Medicaid
and public education than any other state, and           This guide identifies 10 critical priorities to stop the
our compensation of public employees is among            financial bleeding. We propose specific policy changes
the highest in the nation. The cost to taxpayers is      to ease the tax burden and help create jobs, which
extreme. New Yorkers pay more to their state and         are the lifeblood of every state’s economy. Most of
local governments than the residents of any other        our recommendations can be implemented relatively
state but New Jersey. Still, New York is projecting      quickly; we will track the state’s progress and report
deficits of $40 billion over the next three years.       on each priority in the months ahead.

Our hopes for survival are pinned on the state           If our leaders take these steps, 2011 can be remembered
leaders we elected in 2010. Governor-elect Cuomo         as the year the Empire State regained its financial
and Lieutenant Governor-elect Duffy, with their          footing. If not, it will be the year that our state ignored
Plan for Action, have proposed hundreds of good          the final warning signs on the path to economic ruin.
ideas for reforming state government and restoring                                                                     1 EnterprisingNY: Tracking firms,
                                                                                                                         jobs and economic growth in the
fiscal responsibility. Many newly elected or reelected                                                                   Empire State, Empire Center for
legislators have promised to support similar reforms.                                                                    New York State Policy, 2010
                                                                                                                       2 Debt Impact Study, March 2010,
                                                                                                                         Office of the State Comptroller, p. 2
                                                                                                                       3 State and Local Tax Burdens: All
                                                                                                                         States, One Year, 1977–2008,
                                                                                                                         Tax Foundation
NEW YORK STATE ECONOMIC SURVIVAL GUIDE

        ISSUE              Cap the Taxpayer Burden




                                              WE’VE ENDURED THE NATION’S
                                              SECOND HIGHEST TAX BURDEN
                                              LONG ENOUGH.
                                                 We must get our State’s fiscal house in order by immediately
                                                 imposing a cap on state spending … committing to no increase
                                                 in personal or corporate income taxes or sales taxes, and imposing
                                                 a local property tax cap.                           ~ Andrew Cuomo


                                              No change would do more for our state’s survival           Like any healthy diet after a binge of overeating, the
                                              than enacting this pledge, a key element of the action     caps will cause discomfort. But they will force honest
                                              plan published by Governor-elect Cuomo during              discussions about what services people really need,
                                              the campaign.                                              and which ones we simply can’t afford. All taxpayers
                                                                                                         should do everything they can to help Governor-elect
        A HEAVY TAX LOAD                      These words promise essential relief to New York           Cuomo make good on his pledge, and require state
                                              taxpayers, who shoulder the nation’s second heaviest       legislators to support him.
                                              tax burden. At $6,419 per person, the state and local
                                              taxes paid by New Yorkers are more than 40 percent
           New York                           higher than taxes on Pennsylvania residents, more

        $6,419
                                              than 75 percent higher than taxes in North Carolina                        steps to
                                                                                                                           SURVIVAL
                                              and more than 85 percent higher than Florida taxes.4
11.7 percent of per capita income             Local property taxes are especially high. They fuel
                                              school spending that has grown far faster than the                  Cap property tax increases at no
                                              rate of inflation for years, giving New York the highest            more than 2 percent or the rate of
                                              per-pupil costs for K–12 education in the nation.                   inflation annually, whichever is lower
                                              When property taxes are measured as a percentage of
        U.S. Average                          home value, New York is home to nine of the nation’s                Impose a state spending cap
                                                                                                                  (also 2 percent or the rate of inflation)
                                              10 most heavily taxed counties, and 15 of the top 25.5
       $4,283                                 A cap on spending and all state taxes, as the
                                                                                                                  No increase in other taxes

                                                                                                                  Declare a fiscal emergency and
 9.7 percent of per capita income             governor-elect has proposed, is critical. Without this
                                                                                                                  freeze pay for all state employees
                                              comprehensive approach, the legislature will continue
                                                                                                                  (see page 6)
                                              a cycle of spending, taxing and burden-shifting that
                                              has ballooned state finances out of control.
Taxpayers in New York spend 50 percent
more than the national average on state and
local taxes. (2008 Tax Foundation data)
Ten Essential Reforms We Can’t Live Without
                                                                                                                                                                           ISSUE                            Stop Unfunded Mandates




COSTLY RULES WILL SINK
TAXPAYERS.

Controlling unfunded mandates on school districts,                                                  NEW YORK STATE SPENDING OUTSTRIPS INFLATION
local governments and businesses must go hand in
hand with the tax and spending caps. When the                                             400
                                                                                                                                                All Funds Spending (86–87=100)
state creates a requirement that somebody else pays                                                                                             CPI (June 86=100)
                                                           Spending Index (86–87 = 100)




                                                                                          350
to implement, the cost of government still goes up.
The burden is just being shifted, giving affected                                         300

organizations less control over their own budgets.                                        250

                                                                                          200
School districts, health insurers, local governments,
utilities and private businesses are subject every year                                   150
to new state laws and regulations, many of which
                                                                                          100
create a cost burden.
                                                                                           50
The issue is not that every single mandate should be
                                                                                                86–87

                                                                                                        87–88

                                                                                                                88–89

                                                                                                                        89–90

                                                                                                                                90–91

                                                                                                                                        91–92

                                                                                                                                                92–93

                                                                                                                                                        93–94

                                                                                                                                                                94–95

                                                                                                                                                                        95–96

                                                                                                                                                                                96–97

                                                                                                                                                                                        97–98

                                                                                                                                                                                                98–99

                                                                                                                                                                                                        99–00

                                                                                                                                                                                                                00–01

                                                                                                                                                                                                                        01–02

                                                                                                                                                                                                                                02–03

                                                                                                                                                                                                                                        03–04

                                                                                                                                                                                                                                                04–05

                                                                                                                                                                                                                                                        05–06

                                                                                                                                                                                                                                                                06–07

                                                                                                                                                                                                                                                                        07–08

                                                                                                                                                                                                                                                                                08–09

                                                                                                                                                                                                                                                                                        09–10

                                                                                                                                                                                                                                                                                                10–11
paid for in the state budget. It’s that the cost of laws
and regulations must be analyzed up front. Policy                                                State government spending has grown far faster than inflation over the past 10 years and is rising
makers, legislators and voters should make informed                                              out of control. (State comptroller data)
decisions about whether the benefits of a change justify
its expense, and who should pay.

There are structures in place to do this. Governor                                                              steps to
Paterson’s Executive Order 25 required state agencies
under his direct jurisdiction to “evaluate, reform,
or repeal ... rules and paperwork requirements in
                                                                                                                    SURVIVAL
order to reduce substantially unnecessary burdens,                                               Appoint a strong leader for the
costs and inefficiencies.”6 The Governor’s Office of                                             Governor’s Office of Regulatory
Regulatory Reform is charged with enforcing the                                                  Reform with high-level support from
                                                                                                 the governor
order. Our new governor needs to appoint a director
with the talent, resources and authority to tackle                                               By the end of 2011, produce a report
this challenge aggressively.                                                                     detailing mandates on public
                                                                                                 schools and their costs
Similarly, legislative actions require a fiscal impact                                           Delegate a review of all fiscal notes
assessment, embodied in the legislative “fiscal notes.”                                          to the Division of the Budget and
Yet fiscal notes are often driven by the bill sponsor                                            publish the results
(or beneficiary) and the quality is uneven. A 2007
law requires an expert panel, the Healthcare Quality                                             Require the comptroller to produce
                                                                                                 an annual report on the cost of
and Cost Containment Commission, to analyze
                                                                                                 mandates
the impact of new health care mandates. After three                                                                                                                                                                     4 Tax Foundation, 2008 analysis
years, the commission has yet to be formed.                                                      Seat the Healthcare Quality and                                                                                          of state and local taxes
                                                                                                 Cost Containment Commission so                                                                                         5 Tax Foundation, 2010. The nine
                                                                                                 it can vet the benefits versus costs                                                                                     New York counties are Monroe,
Taking steps to make the existing structures work                                                                                                                                                                         Niagara, Wayne, Chemung,
will reduce the budget turbulence that unfunded                                                  of any healthcare-related mandates
                                                                                                 before legislative action                                                                                                Chautauqua, Erie, Onondaga,
mandates create for other governments and private-                                                                                                                                                                        Steuben and Madison.
sector employers.                                                                                                                                                                                                       6 www.state.ny.us/governor/
                                                                                                                                                                                                                          executive_orders
NEW YORK STATE ECONOMIC SURVIVAL GUIDE

       ISSUE            End the Double Standard




                                         PUBLIC EMPLOYEE PAY IS UNFAIR
                                         AND UNSUSTAINABLY HIGH.

                                         State workers have an unfair advantage. The old           Public employee unions retain unfair bargaining
                                         notion that government employees are paid less than       power, because there is no penalty for failing to
                                         their private sector counterparts, but receive slightly   agree to new contract terms. As our chief negotiator,
                                         better fringe benefits, is no longer true. Statewide,     Governor-elect Cuomo should strike a hard line in
                                         excluding New York City, salaries for state and local     2011. Our state is an employer facing a financial
                                         government employees are 15 percent higher than           crisis, and we cannot afford a compensation system
                                         the private-sector average.7                              that rewards public employees at standards far above
                                                                                                   the private sector.
                                         Taxpayers also fund fringe benefits—including health
                                         insurance, paid time off and pensions—for public
                                         employees that far exceed private-sector norms. For
                                         example, almost all public employees have defined-
                                         benefit pensions, compared to only 20 percent of the                    steps to
                                                                                                                    SURVIVAL
                                         private sector, where 401(k) accounts are prevalent.

                                         In Monroe County, taxpayers would save more
                                         than $40 million annually if school districts and                  Let the Taylor Law’s binding
                                         local governments matched the national average for                 arbitration provision “sunset” in 2011
                                         employer contributions for health insurance. Every
                                         contract exceeded the private-sector average for paid              Use private-sector benchmarks
                                         time off—39 days for a 10-year employee—with a                     for salary increases and benefit
                                                                                                            sharing in contract negotiations
                                         median benefit that ranged 20 to 60 percent higher.8
                                                                                                            Change the Triborough Amendment
                                         Pensions cost the state nearly $1.5 billion, an amount             so that pay and benefits remain
                                         expected to grow to $2 billion by 2014. The average                fixed if there is no contract
                                         pension received by police and firefighters retiring               Following the SUNY/CUNY model,
                                         in 2010 ($61,295) is more than double that of regular              immediately offer defined-
7 Payroll and employment 2009 data,      civilian employees ($25,440).9                                     contribution retirement options
   U.S. Bureau of Labor Statistics.                                                                         for new employees, and pass the
   Median private-sector pay is about    Employee pay and benefits represent roughly two-                   bill moving all non-civil-service
   $43,000 annually, compared to         thirds of spending by state and local governments.                 employees to defined-contribution
   nearly $50,000 for workers in state   We cannot close the state’s budget gap without                     plans
   and local government
                                         addressing the issue.                                              Make defined-contribution retirement
8 “Public vs. Private Sector Employee
   Benefits: A Summary Analysis of                                                                          mandatory for new employees by
   School and Local Government           There will be an opportunity to do that in 2011, when              phasing in Tier VI as proposed by
   Union Contracts in Monroe             the governor renegotiates expiring contracts with many             Governor-elect Cuomo
   County,” CGR report, June 2009        of the state’s largest employee unions. In New York,               Stop including overtime in final
9 “Things New Yorkers Should Know        however, two unique statutes—the Taylor Law and                    salary calculations for pension
   About Public Retirement Benefits      the Triborough Amendment—combine to ensure                         purposes
   in New York State,” Citizens Budget
   Commission report, October 2010
                                         that public employees continue to receive pay and
10 Medicaid & CHIP spending data,        benefit increases even when they have no contract.
   Kaiser Family Foundation,
   www.statehealthfacts.org
11 “Medicaid in New York 2006,”
   Citizens Budget Commission
Ten Essential Reforms We Can’t Live Without
                                                                                                         ISSUE         Trim Medicaid’s Excess




THE NATION’S MOST EXPENSIVE
MEDICAID PLAN IS DAMAGING
OUR STATE’S HEALTH.
New Yorkers pay the highest bills in the nation for           New York can no longer afford the nation’s richest
Medicaid, the government insurance program designed           Medicaid program, but we don’t need a hatchet to
to provide medical care and long-term care services           fix it. By trimming excessive benefits to more closely
for low-income and disabled people. With spending             match national norms, the state can save billions
of nearly $52 billion this year, projected to grow            of dollars.
another $1.8 billion next year, our Medicaid costs
are more than twice the national average per capita.                                                                      SWOLLEN MEDICAID PLAN

Taxpayers should support the governor-elect’s proposals                      steps to
                                                                                                                                   New York
                                                                               SURVIVAL
to restructure the program and make it more efficient,
while encouraging steps that can be taken more quickly
to trim excessive costs. One step is to manage Medicaid
at the state level. Benefits today are administered by                 Administer Medicaid at the state
                                                                       level; minimally, set reimbursement
                                                                                                                               $47.6b
the 62 county governments, with varying levels of
                                                                       rates at the state rather than
efficiency and little incentive to trim costs.                         county level
                                                                                                                                  California
Another is to change New York’s “spousal refusal”                      Eliminate New York’s unique
provision, which allows any married adult to qualify
for Medicaid long-term care services if the spouse
                                                                       spousal refusal option for long-term
                                                                       care eligibility                                        $38.7b
(or parent of a sick child) refuses to pay. Spousal refusal            Pass legislation that increases tax-
                                                                       credit incentives for people to buy
is a major contributor to New York’s extremely high
costs for long-term care. State spending for Medicaid
                                                                       private long-term care insurance                              Florida
                                                                       Reduce the authorized number

                                                                                                                               $14.7b
long-term care was $1,058 per resident in 2008,
                                                                       of personal care services hours
compared to a national average of $378.10
                                                                       to 17 per week

New York also provides coverage for many services                      Change other optional benefits
                                                                       to bring them more in line with
that aren’t required by the federal government, which                                                                   New York spends more on Medicaid
                                                                       other states
matches state Medicaid payments. One example                                                                            benefits than any other state—$9,610
is personal care services for Medicaid recipients                                                                       per enrollee compared to a U.S. average
                                                                                                                        of $5,830. (Kaiser Family Foundation)
who need assistance with daily living tasks, such as
housekeeping and shopping. By reducing the average
number of hours from 30 to 17 for this optional
service—still 50 percent above the national average
for personal care—taxpayers could save about
$1.5 billion annually.11
NEW YORK STATE ECONOMIC SURVIVAL GUIDE

        ISSUE             Control the Debt




                                              WE ARE TRAPPED
                                              IN A CREDIT SWAMP.

       BUY NOW, PAY LATER                     Rather than cut spending during the economic              The state’s increased reliance on borrowing hurts
                                              downturn, state government has expanded the               taxpayers in multiple ways. It increases the amount
                                              debt pool to pay for services, which restricts our        of money we must pay each year to service the debt—
      2008 DEBT PER CAPITA
                                              financial flexibility.                                    among the largest states, New York is surpassed only
                                                                                                        by California and Illinois in the ratio of debt service
          New Jersey                          Over the past five years, state-funded debt rose 25       to total revenue. It prevents state leaders from making
                                              percent, from $48.5 billion to more than $60 billion.     the hard choices required to live within our means.
        $3,621                                The state comptroller projected in 2010 that debt
                                              will rise to $67 billion in the 2014–15 fiscal year, an
                                                                                                        And it constrains future taxpayers by making them
                                                                                                        pay for today’s services.
                                              increase of 38 percent since 2005.12 In 2008, New
                                              York’s state debt per capita was $2,925. In 2009–10,
           New York                           the outstanding debt rose to $3,100 per person and
                                              6.4 percent of personal income.13
       $2,925                                 The Debt Reform Act of 2000, a law designed to
                                                                                                                       steps to
                                                                                                                         SURVIVAL
                                              limit the state’s use of debt, obviously hasn’t worked.
                                              It permits “backdoor borrowing” by state authorities,              Do not increase debt caps
              Illinois                        without voter approval, which currently accounts
                                              for 94 percent of the state’s debt load. Though the                Limit the total of state-funded debt


        $1,877                                law prohibits the use of debt for non-capital projects,
                                              nearly $8 billion has been borrowed to pay operating
                                                                                                                 to 5 percent of the state’s personal
                                                                                                                 income

                                                                                                                 Ban backdoor borrowing by state
                                              costs since it passed.14
                                                                                                                 authorities, so that new debt is
                                                                                                                 approved by voters
          California
                                                                                                                 Support efforts to restrict use of


        $1,805
                                                                                                                 long-term debt to capital projects




             Florida

         $1,115
                                                                                                                              12 Debt Impact Study, March 2010,
                                                                                                                                 Office of the State Comptroller, p. 2
New York’s rising use of credit has saddled
                                                                                                                              13 Ibid, p. 14
taxpayers with a state debt burden of more
                                                                                                                              14 Ibid, p. 1
than $2,900 per person, second only to
                                                                                                                              15 EnterprisingNY: Tracking firms,
New Jersey among the 10 largest states.
                                                                                                                                 jobs and economic growth in the
(State Comptroller)
                                                                                                                                 Empire State, Empire Center,
                                                                                                                                 Oct. 25, 2010, p. 5
                                                                                                                              16 Ibid, p. 5
Ten Essential Reforms We Can’t Live Without
                                                                                         ISSUE        Improve the Competitive Climate




JOBS ARE A STATE’S MOST
BASIC FORM OF SUSTENANCE.

High taxes, overzealous regulations and unreasonable      Health insurance premiums in New York are another                WAVING BYE-BYE TO
mandates create a hostile environment for the             major burden, and state mandates on private insurers           $38 BILLION OF INCOME
employers who fuel economic growth. This hampers          are a significant cost driver. The new administration
the ability of all businesses to compete, and it causes   needs to hold the line against any new insurance
some to fail. New York lost more jobs than any other      mandates, at least until an independent scoring process
state from 1993 to 2007.15                                is in place and the insurance changes mandated by
                                                          federal health reform legislation take effect.                         Florida
Other employers move to friendlier climates. While
New York gained almost 272,000 jobs over 15 years
from businesses moving in, we lost 392,000 jobs to
                                                          There are many other legislative proposals to increase
                                                          business costs—extending prevailing-wage standards
                                                                                                                          -$11.7b
other states—the third-greatest net out-migration of      to private-sector workers, increasing time-off mandates,
jobs in the nation.16 To reverse the trend, lawmakers     and enabling employees to sue for enduring a “hostile
and state agencies must help to lower the cost of doing   workplace” even if they have never reported a concern.
business in New York.                                     The new administration must say no to these proposals
                                                          and create a friendlier environment that supports the               New Jersey
A new workers’ compensation law, passed in 2007,          growth of jobs.
promised to help. At that time, New York had a
workers’ compensation system with one of the highest
costs but lowest benefits in the nation. Payments to
                                                                                                                           -$7.4b
claimants have increased, but efficiency gains crucial                   steps to
to long-term cost savings have yet to be realized.
The lack of progress on reform, coupled with an
increase in new administrative requirements, has
                                                                           SURVIVAL                                     Connecticut          -$3.5b

increased participant frustration and system costs.                Complete workers’ compensation
                                                                   medical, treatment and impairment
                                                                                                                        North Carolina       -$2.5b
                                                                   guidelines, and control permanent
The Great Recession has brought New York’s                         disability costs                                     Pennsylvania         -$1.9b
unemployment insurance trust fund to bankruptcy.
In response, many legislators propose increasing                   Support unemployment insurance
                                                                   models that minimize the impact
benefits and requiring businesses to pay more for                  on employers, separate fund                            41 other states
each employee. Some proposals would increase taxes                 solvency from benefit levels,
on employers by 14.7 percent in a single year! That
reduces the incentive to hire and runs counter to
the best unemployment solution—creating jobs.
                                                                   and offer employees additional
                                                                   wage-insurance options

                                                                   Reject new health insurance
                                                                                                                          -$11.5b
The administration should explore new models                       mandates, prevailing-wage
for unemployment insurance that address fund                       mandates and other mandates
                                                                   that increase the cost of doing
solvency and benefit levels separately.                            business

                                                                                                                     From 2000–2008, $38.4 billion in
                                                                                                                     taxable income migrated to 46 other states
                                                                                                                     as jobs and people moved away. New York
                                                                                                                     had a net income gain from only four states
                                                                                                                     totaling $310 million. (Tax Foundation)
NEW YORK STATE ECONOMIC SURVIVAL GUIDE

      ISSUE          Reform Economic Development




                                     TOO MANY PROGRAMS AND
                                     AGENCIES ARE ATTRACTING
                                     TOO FEW JOBS.
                                     If success in economic development were measured         The Rochester Business Alliance supports the proposal
                                     by volume of effort, New York would be a winner.         by Governor-elect Cuomo to create regional councils
                                     Our state has 28 government agencies, 115 industrial     that review economic development plans and reduce
                                     development agencies, 618 local development              unproductive local competition. We especially support
                                     corporations, 72 Empire Zones, 50 business districts,    his announced plans to place economic development
                                     49 urban renewal agencies and 10 regional councils       authority in the hands of someone who understands
                                     with staffs and programs designed to promote             the challenges of the upstate economy—our new
                                     economic development.17                                  lieutenant governor and Rochester’s outgoing mayor,
                                                                                              Robert Duffy.
                                     Attracting and retaining jobs is the real measure—
                                     and unfortunately, New York’s job growth has been
                                     far slower than other states. Over the past 20 years,
                                     the number of private-sector jobs in New York has
                                     increased by only 4 percent, while jobs nationwide                     steps to
                                     have increased 18 percent.18
                                                                                                              SURVIVAL
                                     Economic development incentives are not the only
                                                                                                       Centralize responsibility for
                                     reason that employers choose to expand, or to locate              economic development initiatives
                                     in one state over another. It is more important                   under the lieutenant governor,
                                     for government to get the basics right—strong                     ensuring a statewide focus with
                                                                                                       an understanding of upstate needs
                                     infrastructure, efficient services, good schools,
                                     reasonable taxes and a friendly business climate.                 Ensure that the new regional
                                                                                                       councils have real authority, with
                                     But in a nation and a world where governments                     the ability to approve or deny
                                                                                                       economic development grants
                                     compete with each other to attract jobs, New York                 and loans
                                     needs to do better. The hundreds of state and local
                                     organizations involved in economic development                    Support sectors and institutions
                                                                                                       with track records of creating
                                     are not pursuing a coherent strategy. To the contrary,            globally competitive jobs that
                                     they often pit neighboring communities against each               add value to the economy
                                     other, creating a shell game that moves jobs around
                                     without creating new ones.




17 From multiple sources cited in
   The New New York Agenda: A Plan
   for Action, Andrew Cuomo, p. 95
18 U.S. Department of Labor,
   Bureau of Labor Statistics
19 National Center for Education
   Statistics, 2009
20 U.S. Census Bureau
Ten Essential Reforms We Can’t Live Without
                                                                                          ISSUE         Encourage Innovation in Education




STRONGER CAMPUSES AND
CLASSROOMS WILL PROTECT
OUR FUTURE.
Good schools are catalysts for economic development.        on the number of eligible in-state students, New
They train future workers, attract well-educated            York enrolled 118 percent of its population share,
families and at the college level can serve as resources    compared to 66 percent in California.20
                                                                                                                            HIGHEST K–12 SPENDING
or partners to help create new businesses. New York
has many fine school districts and institutions of higher   The SUNY system, with 64 diverse campuses and
                                                                                                                                               $15,981
learning, but we need to do better—and excessive            many nationally recognized programs, is a strong
control from Albany hampers progress.                       contributor to this success. But Albany treats SUNY               $9,666
                                                            like a state agency, setting tuition rates as part of the
At the K–12 level, New York spent $15,981 per               budget, controlling purchase decisions and overseeing              National         New York
student in 2006–2007. That’s more than any                  school operations. The Public Higher Education                     average         State average
other state, and 71 percent more than the national          Empowerment and Innovation Act would allow
average.19 That investment does not translate to better     SUNY schools to compete more effectively in the                      Spending per pupil,
                                                                                                                                    2006–2007
educational outcomes: New York ranks 40th in                academic marketplace and to partner more easily
the rate of high school graduation, with only about         with businesses. Similarly, we need to encourage
two-thirds of students statewide receiving a diploma.       collaborations with private colleges and universities
                                                            that help to create jobs.
                                                                                                                               LOW K–12 SUCCESS
Two solutions to reducing educational costs are
outlined elsewhere in this report: reducing unfunded        By encouraging innovation and relaxing mandates,
mandates that don’t improve educational performance,        New York can make public education the economic
                                                                                                                              73.2%             67.4%
and bringing employee compensation in line with             engine we need it to be.
taxpayers’ ability to pay.

Charter schools can help to boost educational                                                                                  National         New York
performance. Many of these schools are performing                                                                              average         State average
well, and the state has withdrawn charters from                             steps to                                          Four-year high school
failing schools. The successful ones can serve as
incubators that assist districts in developing new
educational approaches. In Rochester, a unique
                                                                              SURVIVAL                                     graduation rate, 2005–2006


charter compact—signed by all public education                        Pass the SUNY Public Higher                       New York spends more money per pupil
stakeholders—encourages collaboration, with a                         Education Empowerment and                         on K–12 education than any other
                                                                      Innovation Act                                    state, but the four-year graduation rate
specific objective of “scaling up” successful charter
                                                                                                                        is among the 10 lowest in the nation.
methods in district schools.                                          Eliminate the cap on charter schools              (Census Bureau and National Center
                                                                      Support job-creating initiatives of               for Education Statistics.)
Higher education in New York is a success story.                      private and public-sector institutions
Our colleges and universities enrolled 101,000
freshmen in 2007, second only to California. Based
NEW YORK STATE ECONOMIC SURVIVAL GUIDE

      ISSUE          Reduce the Size of Government




                                     OVERSIZED GOVERNMENTS
                                     DEVOUR TAXPAYER DOLLARS.

                                     The sheer size of government contributes to our state’s       To make efficiencies happen, the governor should
                                     high tax burden. We need a fresh look at delivering           have authority to reorganize the executive branch,
                                     services in the most efficient way possible, taming           as is true in 31 other states.22 This would allow the
                                     the growth of government before the cost eats                 governor to make changes in the executive branch,
                                     taxpayers alive.                                              which could be rejected by legislative vote. Before this
                                                                                                   change, another step the governor can take is simply
                                     According to an attorney general’s survey, New York           not to appoint commissioners to state boards that no
                                     has more than 1,000 state government entities.21              longer serve a useful purpose.
                                     A patchwork quilt of overlapping agencies, authorities,
                                     boards and commissions has evolved over our long              Reforming and restructuring public authorities
                                     history. The last significant reorganization of the state’s   must be on the table in any review of government
                                     executive branch occurred under Governor Al Smith             efficiency. The first state authorities were established
                                     in 1927, when the state employed 29,000 people.               90 years ago, as a way for the state to fund capital
                                     In 2010, the state employed more than 228,000                 projects without requiring a voter referendum.
                                     full-time-equivalent employees. These numbers alone           Today, hundreds of authorities operate as a “fourth
                                     don’t suggest inefficiency, but any large organization        branch of government,” delivering thousands of
                                     should work to deliver services at lower cost, especially     services that overlap with government agencies.
                                     in tight budget times.
                                                                                                   The Transportation Department, for example, shares
                                     To his credit, Governor-elect Cuomo has made                  responsibility for meeting the state’s infrastructure
                                     government efficiency a priority. His goal, which the         and transit needs with more than 50 state and local
                                     Rochester Business Alliance strongly supports, is to          authorities. Low-income housing policy is not
                                     reduce the number of state agencies, authorities and          driven primarily by the state’s Division of Housing
                                     commissions by 20 percent. Although streamlining              and Community Renewal, but by four state housing
                                     New York governments will take time, the steps                authorities and nearly 200 local ones. Authorities
                                     he has outlined to begin the process should be                control 85 percent of the state’s infrastructure and
                                     immediate priorities.                                         account for 93 percent of state debt, without direct
                                                                                                   oversight from elected leaders.
                                     A first step is analyzing the current state bureaucracy
                                     to identify efficiency improvements, with help from           With more than 10,500 government entities at the
                                     private-sector reorganization experts. Seventeen other        local level, communities are served by many layers
21 “A New N.Y.: A Blueprint to
                                     states have conducted similar reviews in the past decade,     of overlapping services and functions. From tax
   Reform Government,” Office        but no state needs it more than New York.                     assessments to highway maintenance to delivering
   of the Attorney General,
   New York State, 2008, available
   at www.ag.ny.gov
22 “The Book of the States: 2009
   Edition,” Council of State
   Governments, pages 190–91
23 “Local Government Efficiency
   Program Annual Report 2008–09,”
   New York State Department
   of State
Ten Essential Reforms We Can’t Live Without
                                                                                   ISSUE        Reduce the Size of Government




water, taxpayers would benefit from regional planning                          GOT GOVERNMENT?
and cooperative administration of services. But that
is difficult to do under our current structure.
                                                                  57                 62              932              556
The New York State Commission on Local
Government Efficiency and Competitiveness,
chaired by former Lieutenant Governor Stan
Lundine, offers good ideas for streamlining. Its 2008          Counties            Cities           Towns           Villages
recommendations include requiring that collective
bargaining agreements be renegotiated when local                996                 991           6,900+      Taxpayers fund more than
governments consolidate, converting many locally                                                              1,000 state agencies and
                                                                                                              10,500 local governments
elected offices (such as highway superintendent and                                                           across New York State
tax assessor) to appointed positions, and requiring                                                           (Attorney General)
villages with fewer than 500 residents to hold referenda   School districts    Authorities        Special
in order to continue separate village governments.                                                districts
                                                             & BOCES
On the subject of consolidation, many taxpayers want
to have it both ways. While decrying the high cost
of government, they reject proposals to save money
by consolidating services. The state should encourage                   steps to
                                                                          SURVIVAL
communities to make their local governments
more efficient with steps that could include sharing
information on best practices statewide, creating joint
purchasing agreements, and providing grants to fund                Reduce the number of state
consolidation studies.                                             agencies, authorities and
                                                                   commissions by 20 percent

Experience suggests that incentives like these offer               Pass legislation giving the governor
a good return on investment. A study by the                        authority to reorganize the executive
Department of State found that $40 million spent                   branch, with changes taking effect
                                                                   unless the legislature objects
assisting communities with shared-service and
consolidation projects is yielding $350 million                    Do not appoint new commissioners
in reduced costs to local government.23                            to unnecessary state agencies

                                                                   Support implementation of Lundine
                                                                   Commission recommendations

                                                                   Use grants, incentives and
                                                                   information-sharing to promote
                                                                   government consolidation and
                                                                   regional planning
NEW YORK STATE ECONOMIC SURVIVAL GUIDE

       ISSUE             Lower the Cost of Energy




                                         OUR STATE SUFFERS FROM THE
                                         HIGH COST OF POWER.

                                         The strain of utility taxes is a key reason that New      One potential source is the Marcellus Shale, which
                                         York loses businesses to competing states. Taxes fuel     lies below a vast region covering the Southern Tier,
                                         higher energy costs compared to other states. In fact,    and contains huge amounts of natural gas. Extracting
                                         New York has the highest average retail price for         the gas requires hydraulic fracturing, which is being
                                         electricity of the largest 15 states. Nationwide, only    used at scores of drilling operations in Pennsylvania
                                         Hawaii and Connecticut utilities charge more. At an       just across the New York border. But the state
                                         average of 16.57 cents per kilowatt-hour, electricity     legislature has halted new permits for Marcellus Shale
                                         costs in New York are 78 percent higher than in           extraction until May 15, 2011. We need to accelerate
                                         Pennsylvania, 97 percent higher than in Ohio and          a negotiated settlement permitting gas extraction
                                         more than double North Carolina’s.24                      from Marcellus Shale. It will bring jobs and income
                                                                                                   to New York, along with lower gas prices.
                                         It’s critical to make New York’s energy costs more
                                         competitive, but the state increasingly takes money
                                         from utilities as a backdoor tax. Excess “18-a” utility
                                         assessments, which are designed to pay for the Public
                                         Service Commission, are diverted to the general fund,                    steps to
                                         instead of being returned to utility customers. Funds
                                         raised by the Regional Greenhouse Gas Initiative
                                         (RGGI)—a cap-and-trade system for reducing
                                                                                                                    SURVIVAL
                                         emissions from electricity-producing power plants                  Cut taxes on utilities, starting
                                         in 10 states—are also being diverted to the general                with the systems benefit charge
                                         fund, which amounts to a new carbon tax.                           Reduce excessive 18-a utility
                                                                                                            assessments
                                         A good place to start lowering taxes is to eliminate               Renew Article X so that we can
                                         the systems benefit charge, which benefits programs                bring new power plants online
                                         administered by the New York State Energy Research                 safely but with minimum red tape
                                         and Development Authority. These are worthy causes,                Reach a legislative settlement
                                         but they don’t justify reduced competitiveness.                    that will permit the extraction
                                                                                                            of gas from the Marcellus Shale
                                         The end of 2002 saw the expiration of New York State
                                         Article X, which streamlined the process for siting
                                         new power plants. Proposed legislation in 2007 that
                                         would have revived Article X failed to gain bipartisan
                                         support, but the effort should be renewed in 2011.
                                         Article X would help our state develop new energy
                                         sources, creating jobs and reducing electricity prices
                                         for all New York residents and businesses.

24 Average Retail Price of Electricity
   by State, 2008, U.S. Energy
   Information Administration,
   www.eia.doe.gov
Ten Essential Reforms We Can’t Live Without
                                                                                                           SUMMARY      New Direction




WE NEED QUICK STEPS IN A
NEW DIRECTION TO BRING
NEW YORK BACK.
For 20 years, the Empire State has suffered an             New York’s economy can rise again, reversing the trend
economic decline that started gradually but has            of people and businesses moving away. We can create
reached a crisis point.                                    jobs and climb out of the recession as well as or better
                                                           than other states, if our leaders are willing to make
State government spends more than taxpayers                changes now. If they don’t, we may never recover.
can afford, and our leaders have committed to
unsustainable annual increases. They borrow money          State leaders are not the only ones who must act.
to help close the gap, while pushing costly new            All taxpayers should fight for New York’s survival,
requirements onto school districts, local governments      by demanding change from their state legislators
and businesses. The cycle goes on, year after year, even   and other leaders. To get involved, visit the Rochester
as the migration of jobs and residents to other states     Business Alliance website at www.RBAlliance.com
has grown from a trickle to a flood.                       and support the Unshackle Upstate effort at
                                                           www.UnshackleUpstate.com.
That’s business as usual in Albany. It’s a disaster for
the individual taxpayers and private-sector employers      Look for more reports in the months ahead, and more
who are struggling to remain afloat.                       ideas to create jobs. Together, we can make 2011 the
                                                           year that the Empire State reverses its economic decline
The new governor and legislature that take office in       and returns to a path of greatness.
2011 offer our last and best chance to survive. State
leaders must change business as usual from the day
they take office, focusing on the priorities laid out
in this report.

All the steps can be implemented with determination
and effort. Many of them involve just saying no:

NO TO NEW TAXES.
NO TO SPENDING PROGRAMS
WE CAN’T AFFORD.
NO TO INCREASED COSTS ON
EMPLOYERS.
Help New York Survive

  As our new governor takes office in 2011, New York is in financial danger.
We must take steps immediately to control government spending and create jobs.




                          You can be part of the
                            SOLUTION
                      Contact your state legislators

                      Share this document with friends
                      and colleagues

                      Track progress and take action
                      at www.RBAlliance.com




                  © Rochester Business Alliance, Nov. 2010

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RBA NYS Economic Survival Guide

  • 1. Ten Essential Reforms We Can’t Live Without ROCHESTER BUSINESS ALLIANCE
  • 2. NEW YORK STATE ECONOMIC SURVIVAL GUIDE TABLE OF CONTENTS Steps to Survival steps to SURVIVAL PAGE 4 Cap the Taxpayer Burden PAGE Stop Unfunded Mandates 5 PAGE 6 End the Double Standard PAGE 7 Trim Medicaid’s Excess PAGE 8 Control the Debt PAGE 9 Improve the Competitive Climate PAGE 10 Reform Economic Development PAGE 11 Encourage Innovation in Education PAGE 12 Reduce the Size of Government PAGE 14 Lower the Cost of Energy
  • 3. Ten Essential Reforms We Can’t Live Without INTRODUCTION New York Is in Peril NEW YORK IS IN PERIL. WE NEED QUICK ACTION FROM OUR LEADERS TO SURVIVE. The pressure building from years of excessive The Rochester Business Alliance welcomes these government spending and irresponsible state budgets leaders to office. But we must warn that our state’s has reached a breaking point. Our ability to restore financial condition is critical. Without a major change financial health is in jeopardy. in fiscal policies—starting with the 2011 budget process—taxing and borrowing will continue to go Even before the recession, jobs and families were up, while jobs and population continue to flow out. leaving New York for more business-friendly states. As other states grow slowly out of the recession, From 1993 to 2008, a net total of more than 120,000 New York may not recover. jobs moved elsewhere—including 50,000 to New Jersey, 18,000 to Connecticut and 17,000 to Florida. 120,000 1 More than 1.7 million people have moved from New rank among # York to other states in the past decade, the largest all states for spending on out-migration from any state.1 education and Medicaid net jobs lost to other states from 1993–2008 With the recession came more job losses and reduced state revenues. But instead of curtailing spending, $6,419 6.4% of personal our leaders have increased the state budget more than income owed $30 billion over the last five years. State borrowing in state debt, has grown by 25 percent over that time, creating a second highest among large debt burden second highest among large states.2 in state and local taxes for every resident, states the nation’s second-highest tax burden New York spends more per capita on Medicaid and public education than any other state, and This guide identifies 10 critical priorities to stop the our compensation of public employees is among financial bleeding. We propose specific policy changes the highest in the nation. The cost to taxpayers is to ease the tax burden and help create jobs, which extreme. New Yorkers pay more to their state and are the lifeblood of every state’s economy. Most of local governments than the residents of any other our recommendations can be implemented relatively state but New Jersey. Still, New York is projecting quickly; we will track the state’s progress and report deficits of $40 billion over the next three years. on each priority in the months ahead. Our hopes for survival are pinned on the state If our leaders take these steps, 2011 can be remembered leaders we elected in 2010. Governor-elect Cuomo as the year the Empire State regained its financial and Lieutenant Governor-elect Duffy, with their footing. If not, it will be the year that our state ignored Plan for Action, have proposed hundreds of good the final warning signs on the path to economic ruin. ideas for reforming state government and restoring 1 EnterprisingNY: Tracking firms, jobs and economic growth in the fiscal responsibility. Many newly elected or reelected Empire State, Empire Center for legislators have promised to support similar reforms. New York State Policy, 2010 2 Debt Impact Study, March 2010, Office of the State Comptroller, p. 2 3 State and Local Tax Burdens: All States, One Year, 1977–2008, Tax Foundation
  • 4. NEW YORK STATE ECONOMIC SURVIVAL GUIDE ISSUE Cap the Taxpayer Burden WE’VE ENDURED THE NATION’S SECOND HIGHEST TAX BURDEN LONG ENOUGH. We must get our State’s fiscal house in order by immediately imposing a cap on state spending … committing to no increase in personal or corporate income taxes or sales taxes, and imposing a local property tax cap. ~ Andrew Cuomo No change would do more for our state’s survival Like any healthy diet after a binge of overeating, the than enacting this pledge, a key element of the action caps will cause discomfort. But they will force honest plan published by Governor-elect Cuomo during discussions about what services people really need, the campaign. and which ones we simply can’t afford. All taxpayers should do everything they can to help Governor-elect A HEAVY TAX LOAD These words promise essential relief to New York Cuomo make good on his pledge, and require state taxpayers, who shoulder the nation’s second heaviest legislators to support him. tax burden. At $6,419 per person, the state and local taxes paid by New Yorkers are more than 40 percent New York higher than taxes on Pennsylvania residents, more $6,419 than 75 percent higher than taxes in North Carolina steps to SURVIVAL and more than 85 percent higher than Florida taxes.4 11.7 percent of per capita income Local property taxes are especially high. They fuel school spending that has grown far faster than the Cap property tax increases at no rate of inflation for years, giving New York the highest more than 2 percent or the rate of per-pupil costs for K–12 education in the nation. inflation annually, whichever is lower When property taxes are measured as a percentage of U.S. Average home value, New York is home to nine of the nation’s Impose a state spending cap (also 2 percent or the rate of inflation) 10 most heavily taxed counties, and 15 of the top 25.5 $4,283 A cap on spending and all state taxes, as the No increase in other taxes Declare a fiscal emergency and 9.7 percent of per capita income governor-elect has proposed, is critical. Without this freeze pay for all state employees comprehensive approach, the legislature will continue (see page 6) a cycle of spending, taxing and burden-shifting that has ballooned state finances out of control. Taxpayers in New York spend 50 percent more than the national average on state and local taxes. (2008 Tax Foundation data)
  • 5. Ten Essential Reforms We Can’t Live Without ISSUE Stop Unfunded Mandates COSTLY RULES WILL SINK TAXPAYERS. Controlling unfunded mandates on school districts, NEW YORK STATE SPENDING OUTSTRIPS INFLATION local governments and businesses must go hand in hand with the tax and spending caps. When the 400 All Funds Spending (86–87=100) state creates a requirement that somebody else pays CPI (June 86=100) Spending Index (86–87 = 100) 350 to implement, the cost of government still goes up. The burden is just being shifted, giving affected 300 organizations less control over their own budgets. 250 200 School districts, health insurers, local governments, utilities and private businesses are subject every year 150 to new state laws and regulations, many of which 100 create a cost burden. 50 The issue is not that every single mandate should be 86–87 87–88 88–89 89–90 90–91 91–92 92–93 93–94 94–95 95–96 96–97 97–98 98–99 99–00 00–01 01–02 02–03 03–04 04–05 05–06 06–07 07–08 08–09 09–10 10–11 paid for in the state budget. It’s that the cost of laws and regulations must be analyzed up front. Policy State government spending has grown far faster than inflation over the past 10 years and is rising makers, legislators and voters should make informed out of control. (State comptroller data) decisions about whether the benefits of a change justify its expense, and who should pay. There are structures in place to do this. Governor steps to Paterson’s Executive Order 25 required state agencies under his direct jurisdiction to “evaluate, reform, or repeal ... rules and paperwork requirements in SURVIVAL order to reduce substantially unnecessary burdens, Appoint a strong leader for the costs and inefficiencies.”6 The Governor’s Office of Governor’s Office of Regulatory Regulatory Reform is charged with enforcing the Reform with high-level support from the governor order. Our new governor needs to appoint a director with the talent, resources and authority to tackle By the end of 2011, produce a report this challenge aggressively. detailing mandates on public schools and their costs Similarly, legislative actions require a fiscal impact Delegate a review of all fiscal notes assessment, embodied in the legislative “fiscal notes.” to the Division of the Budget and Yet fiscal notes are often driven by the bill sponsor publish the results (or beneficiary) and the quality is uneven. A 2007 law requires an expert panel, the Healthcare Quality Require the comptroller to produce an annual report on the cost of and Cost Containment Commission, to analyze mandates the impact of new health care mandates. After three 4 Tax Foundation, 2008 analysis years, the commission has yet to be formed. Seat the Healthcare Quality and of state and local taxes Cost Containment Commission so 5 Tax Foundation, 2010. The nine it can vet the benefits versus costs New York counties are Monroe, Taking steps to make the existing structures work Niagara, Wayne, Chemung, will reduce the budget turbulence that unfunded of any healthcare-related mandates before legislative action Chautauqua, Erie, Onondaga, mandates create for other governments and private- Steuben and Madison. sector employers. 6 www.state.ny.us/governor/ executive_orders
  • 6. NEW YORK STATE ECONOMIC SURVIVAL GUIDE ISSUE End the Double Standard PUBLIC EMPLOYEE PAY IS UNFAIR AND UNSUSTAINABLY HIGH. State workers have an unfair advantage. The old Public employee unions retain unfair bargaining notion that government employees are paid less than power, because there is no penalty for failing to their private sector counterparts, but receive slightly agree to new contract terms. As our chief negotiator, better fringe benefits, is no longer true. Statewide, Governor-elect Cuomo should strike a hard line in excluding New York City, salaries for state and local 2011. Our state is an employer facing a financial government employees are 15 percent higher than crisis, and we cannot afford a compensation system the private-sector average.7 that rewards public employees at standards far above the private sector. Taxpayers also fund fringe benefits—including health insurance, paid time off and pensions—for public employees that far exceed private-sector norms. For example, almost all public employees have defined- benefit pensions, compared to only 20 percent of the steps to SURVIVAL private sector, where 401(k) accounts are prevalent. In Monroe County, taxpayers would save more than $40 million annually if school districts and Let the Taylor Law’s binding local governments matched the national average for arbitration provision “sunset” in 2011 employer contributions for health insurance. Every contract exceeded the private-sector average for paid Use private-sector benchmarks time off—39 days for a 10-year employee—with a for salary increases and benefit sharing in contract negotiations median benefit that ranged 20 to 60 percent higher.8 Change the Triborough Amendment Pensions cost the state nearly $1.5 billion, an amount so that pay and benefits remain expected to grow to $2 billion by 2014. The average fixed if there is no contract pension received by police and firefighters retiring Following the SUNY/CUNY model, in 2010 ($61,295) is more than double that of regular immediately offer defined- 7 Payroll and employment 2009 data, civilian employees ($25,440).9 contribution retirement options U.S. Bureau of Labor Statistics. for new employees, and pass the Median private-sector pay is about Employee pay and benefits represent roughly two- bill moving all non-civil-service $43,000 annually, compared to thirds of spending by state and local governments. employees to defined-contribution nearly $50,000 for workers in state We cannot close the state’s budget gap without plans and local government addressing the issue. Make defined-contribution retirement 8 “Public vs. Private Sector Employee Benefits: A Summary Analysis of mandatory for new employees by School and Local Government There will be an opportunity to do that in 2011, when phasing in Tier VI as proposed by Union Contracts in Monroe the governor renegotiates expiring contracts with many Governor-elect Cuomo County,” CGR report, June 2009 of the state’s largest employee unions. In New York, Stop including overtime in final 9 “Things New Yorkers Should Know however, two unique statutes—the Taylor Law and salary calculations for pension About Public Retirement Benefits the Triborough Amendment—combine to ensure purposes in New York State,” Citizens Budget Commission report, October 2010 that public employees continue to receive pay and 10 Medicaid & CHIP spending data, benefit increases even when they have no contract. Kaiser Family Foundation, www.statehealthfacts.org 11 “Medicaid in New York 2006,” Citizens Budget Commission
  • 7. Ten Essential Reforms We Can’t Live Without ISSUE Trim Medicaid’s Excess THE NATION’S MOST EXPENSIVE MEDICAID PLAN IS DAMAGING OUR STATE’S HEALTH. New Yorkers pay the highest bills in the nation for New York can no longer afford the nation’s richest Medicaid, the government insurance program designed Medicaid program, but we don’t need a hatchet to to provide medical care and long-term care services fix it. By trimming excessive benefits to more closely for low-income and disabled people. With spending match national norms, the state can save billions of nearly $52 billion this year, projected to grow of dollars. another $1.8 billion next year, our Medicaid costs are more than twice the national average per capita. SWOLLEN MEDICAID PLAN Taxpayers should support the governor-elect’s proposals steps to New York SURVIVAL to restructure the program and make it more efficient, while encouraging steps that can be taken more quickly to trim excessive costs. One step is to manage Medicaid at the state level. Benefits today are administered by Administer Medicaid at the state level; minimally, set reimbursement $47.6b the 62 county governments, with varying levels of rates at the state rather than efficiency and little incentive to trim costs. county level California Another is to change New York’s “spousal refusal” Eliminate New York’s unique provision, which allows any married adult to qualify for Medicaid long-term care services if the spouse spousal refusal option for long-term care eligibility $38.7b (or parent of a sick child) refuses to pay. Spousal refusal Pass legislation that increases tax- credit incentives for people to buy is a major contributor to New York’s extremely high costs for long-term care. State spending for Medicaid private long-term care insurance Florida Reduce the authorized number $14.7b long-term care was $1,058 per resident in 2008, of personal care services hours compared to a national average of $378.10 to 17 per week New York also provides coverage for many services Change other optional benefits to bring them more in line with that aren’t required by the federal government, which New York spends more on Medicaid other states matches state Medicaid payments. One example benefits than any other state—$9,610 is personal care services for Medicaid recipients per enrollee compared to a U.S. average of $5,830. (Kaiser Family Foundation) who need assistance with daily living tasks, such as housekeeping and shopping. By reducing the average number of hours from 30 to 17 for this optional service—still 50 percent above the national average for personal care—taxpayers could save about $1.5 billion annually.11
  • 8. NEW YORK STATE ECONOMIC SURVIVAL GUIDE ISSUE Control the Debt WE ARE TRAPPED IN A CREDIT SWAMP. BUY NOW, PAY LATER Rather than cut spending during the economic The state’s increased reliance on borrowing hurts downturn, state government has expanded the taxpayers in multiple ways. It increases the amount debt pool to pay for services, which restricts our of money we must pay each year to service the debt— 2008 DEBT PER CAPITA financial flexibility. among the largest states, New York is surpassed only by California and Illinois in the ratio of debt service New Jersey Over the past five years, state-funded debt rose 25 to total revenue. It prevents state leaders from making percent, from $48.5 billion to more than $60 billion. the hard choices required to live within our means. $3,621 The state comptroller projected in 2010 that debt will rise to $67 billion in the 2014–15 fiscal year, an And it constrains future taxpayers by making them pay for today’s services. increase of 38 percent since 2005.12 In 2008, New York’s state debt per capita was $2,925. In 2009–10, New York the outstanding debt rose to $3,100 per person and 6.4 percent of personal income.13 $2,925 The Debt Reform Act of 2000, a law designed to steps to SURVIVAL limit the state’s use of debt, obviously hasn’t worked. It permits “backdoor borrowing” by state authorities, Do not increase debt caps Illinois without voter approval, which currently accounts for 94 percent of the state’s debt load. Though the Limit the total of state-funded debt $1,877 law prohibits the use of debt for non-capital projects, nearly $8 billion has been borrowed to pay operating to 5 percent of the state’s personal income Ban backdoor borrowing by state costs since it passed.14 authorities, so that new debt is approved by voters California Support efforts to restrict use of $1,805 long-term debt to capital projects Florida $1,115 12 Debt Impact Study, March 2010, Office of the State Comptroller, p. 2 New York’s rising use of credit has saddled 13 Ibid, p. 14 taxpayers with a state debt burden of more 14 Ibid, p. 1 than $2,900 per person, second only to 15 EnterprisingNY: Tracking firms, New Jersey among the 10 largest states. jobs and economic growth in the (State Comptroller) Empire State, Empire Center, Oct. 25, 2010, p. 5 16 Ibid, p. 5
  • 9. Ten Essential Reforms We Can’t Live Without ISSUE Improve the Competitive Climate JOBS ARE A STATE’S MOST BASIC FORM OF SUSTENANCE. High taxes, overzealous regulations and unreasonable Health insurance premiums in New York are another WAVING BYE-BYE TO mandates create a hostile environment for the major burden, and state mandates on private insurers $38 BILLION OF INCOME employers who fuel economic growth. This hampers are a significant cost driver. The new administration the ability of all businesses to compete, and it causes needs to hold the line against any new insurance some to fail. New York lost more jobs than any other mandates, at least until an independent scoring process state from 1993 to 2007.15 is in place and the insurance changes mandated by federal health reform legislation take effect. Florida Other employers move to friendlier climates. While New York gained almost 272,000 jobs over 15 years from businesses moving in, we lost 392,000 jobs to There are many other legislative proposals to increase business costs—extending prevailing-wage standards -$11.7b other states—the third-greatest net out-migration of to private-sector workers, increasing time-off mandates, jobs in the nation.16 To reverse the trend, lawmakers and enabling employees to sue for enduring a “hostile and state agencies must help to lower the cost of doing workplace” even if they have never reported a concern. business in New York. The new administration must say no to these proposals and create a friendlier environment that supports the New Jersey A new workers’ compensation law, passed in 2007, growth of jobs. promised to help. At that time, New York had a workers’ compensation system with one of the highest costs but lowest benefits in the nation. Payments to -$7.4b claimants have increased, but efficiency gains crucial steps to to long-term cost savings have yet to be realized. The lack of progress on reform, coupled with an increase in new administrative requirements, has SURVIVAL Connecticut -$3.5b increased participant frustration and system costs. Complete workers’ compensation medical, treatment and impairment North Carolina -$2.5b guidelines, and control permanent The Great Recession has brought New York’s disability costs Pennsylvania -$1.9b unemployment insurance trust fund to bankruptcy. In response, many legislators propose increasing Support unemployment insurance models that minimize the impact benefits and requiring businesses to pay more for on employers, separate fund 41 other states each employee. Some proposals would increase taxes solvency from benefit levels, on employers by 14.7 percent in a single year! That reduces the incentive to hire and runs counter to the best unemployment solution—creating jobs. and offer employees additional wage-insurance options Reject new health insurance -$11.5b The administration should explore new models mandates, prevailing-wage for unemployment insurance that address fund mandates and other mandates that increase the cost of doing solvency and benefit levels separately. business From 2000–2008, $38.4 billion in taxable income migrated to 46 other states as jobs and people moved away. New York had a net income gain from only four states totaling $310 million. (Tax Foundation)
  • 10. NEW YORK STATE ECONOMIC SURVIVAL GUIDE ISSUE Reform Economic Development TOO MANY PROGRAMS AND AGENCIES ARE ATTRACTING TOO FEW JOBS. If success in economic development were measured The Rochester Business Alliance supports the proposal by volume of effort, New York would be a winner. by Governor-elect Cuomo to create regional councils Our state has 28 government agencies, 115 industrial that review economic development plans and reduce development agencies, 618 local development unproductive local competition. We especially support corporations, 72 Empire Zones, 50 business districts, his announced plans to place economic development 49 urban renewal agencies and 10 regional councils authority in the hands of someone who understands with staffs and programs designed to promote the challenges of the upstate economy—our new economic development.17 lieutenant governor and Rochester’s outgoing mayor, Robert Duffy. Attracting and retaining jobs is the real measure— and unfortunately, New York’s job growth has been far slower than other states. Over the past 20 years, the number of private-sector jobs in New York has increased by only 4 percent, while jobs nationwide steps to have increased 18 percent.18 SURVIVAL Economic development incentives are not the only Centralize responsibility for reason that employers choose to expand, or to locate economic development initiatives in one state over another. It is more important under the lieutenant governor, for government to get the basics right—strong ensuring a statewide focus with an understanding of upstate needs infrastructure, efficient services, good schools, reasonable taxes and a friendly business climate. Ensure that the new regional councils have real authority, with But in a nation and a world where governments the ability to approve or deny economic development grants compete with each other to attract jobs, New York and loans needs to do better. The hundreds of state and local organizations involved in economic development Support sectors and institutions with track records of creating are not pursuing a coherent strategy. To the contrary, globally competitive jobs that they often pit neighboring communities against each add value to the economy other, creating a shell game that moves jobs around without creating new ones. 17 From multiple sources cited in The New New York Agenda: A Plan for Action, Andrew Cuomo, p. 95 18 U.S. Department of Labor, Bureau of Labor Statistics 19 National Center for Education Statistics, 2009 20 U.S. Census Bureau
  • 11. Ten Essential Reforms We Can’t Live Without ISSUE Encourage Innovation in Education STRONGER CAMPUSES AND CLASSROOMS WILL PROTECT OUR FUTURE. Good schools are catalysts for economic development. on the number of eligible in-state students, New They train future workers, attract well-educated York enrolled 118 percent of its population share, families and at the college level can serve as resources compared to 66 percent in California.20 HIGHEST K–12 SPENDING or partners to help create new businesses. New York has many fine school districts and institutions of higher The SUNY system, with 64 diverse campuses and $15,981 learning, but we need to do better—and excessive many nationally recognized programs, is a strong control from Albany hampers progress. contributor to this success. But Albany treats SUNY $9,666 like a state agency, setting tuition rates as part of the At the K–12 level, New York spent $15,981 per budget, controlling purchase decisions and overseeing National New York student in 2006–2007. That’s more than any school operations. The Public Higher Education average State average other state, and 71 percent more than the national Empowerment and Innovation Act would allow average.19 That investment does not translate to better SUNY schools to compete more effectively in the Spending per pupil, 2006–2007 educational outcomes: New York ranks 40th in academic marketplace and to partner more easily the rate of high school graduation, with only about with businesses. Similarly, we need to encourage two-thirds of students statewide receiving a diploma. collaborations with private colleges and universities that help to create jobs. LOW K–12 SUCCESS Two solutions to reducing educational costs are outlined elsewhere in this report: reducing unfunded By encouraging innovation and relaxing mandates, mandates that don’t improve educational performance, New York can make public education the economic 73.2% 67.4% and bringing employee compensation in line with engine we need it to be. taxpayers’ ability to pay. Charter schools can help to boost educational National New York performance. Many of these schools are performing average State average well, and the state has withdrawn charters from steps to Four-year high school failing schools. The successful ones can serve as incubators that assist districts in developing new educational approaches. In Rochester, a unique SURVIVAL graduation rate, 2005–2006 charter compact—signed by all public education Pass the SUNY Public Higher New York spends more money per pupil stakeholders—encourages collaboration, with a Education Empowerment and on K–12 education than any other Innovation Act state, but the four-year graduation rate specific objective of “scaling up” successful charter is among the 10 lowest in the nation. methods in district schools. Eliminate the cap on charter schools (Census Bureau and National Center Support job-creating initiatives of for Education Statistics.) Higher education in New York is a success story. private and public-sector institutions Our colleges and universities enrolled 101,000 freshmen in 2007, second only to California. Based
  • 12. NEW YORK STATE ECONOMIC SURVIVAL GUIDE ISSUE Reduce the Size of Government OVERSIZED GOVERNMENTS DEVOUR TAXPAYER DOLLARS. The sheer size of government contributes to our state’s To make efficiencies happen, the governor should high tax burden. We need a fresh look at delivering have authority to reorganize the executive branch, services in the most efficient way possible, taming as is true in 31 other states.22 This would allow the the growth of government before the cost eats governor to make changes in the executive branch, taxpayers alive. which could be rejected by legislative vote. Before this change, another step the governor can take is simply According to an attorney general’s survey, New York not to appoint commissioners to state boards that no has more than 1,000 state government entities.21 longer serve a useful purpose. A patchwork quilt of overlapping agencies, authorities, boards and commissions has evolved over our long Reforming and restructuring public authorities history. The last significant reorganization of the state’s must be on the table in any review of government executive branch occurred under Governor Al Smith efficiency. The first state authorities were established in 1927, when the state employed 29,000 people. 90 years ago, as a way for the state to fund capital In 2010, the state employed more than 228,000 projects without requiring a voter referendum. full-time-equivalent employees. These numbers alone Today, hundreds of authorities operate as a “fourth don’t suggest inefficiency, but any large organization branch of government,” delivering thousands of should work to deliver services at lower cost, especially services that overlap with government agencies. in tight budget times. The Transportation Department, for example, shares To his credit, Governor-elect Cuomo has made responsibility for meeting the state’s infrastructure government efficiency a priority. His goal, which the and transit needs with more than 50 state and local Rochester Business Alliance strongly supports, is to authorities. Low-income housing policy is not reduce the number of state agencies, authorities and driven primarily by the state’s Division of Housing commissions by 20 percent. Although streamlining and Community Renewal, but by four state housing New York governments will take time, the steps authorities and nearly 200 local ones. Authorities he has outlined to begin the process should be control 85 percent of the state’s infrastructure and immediate priorities. account for 93 percent of state debt, without direct oversight from elected leaders. A first step is analyzing the current state bureaucracy to identify efficiency improvements, with help from With more than 10,500 government entities at the private-sector reorganization experts. Seventeen other local level, communities are served by many layers 21 “A New N.Y.: A Blueprint to states have conducted similar reviews in the past decade, of overlapping services and functions. From tax Reform Government,” Office but no state needs it more than New York. assessments to highway maintenance to delivering of the Attorney General, New York State, 2008, available at www.ag.ny.gov 22 “The Book of the States: 2009 Edition,” Council of State Governments, pages 190–91 23 “Local Government Efficiency Program Annual Report 2008–09,” New York State Department of State
  • 13. Ten Essential Reforms We Can’t Live Without ISSUE Reduce the Size of Government water, taxpayers would benefit from regional planning GOT GOVERNMENT? and cooperative administration of services. But that is difficult to do under our current structure. 57 62 932 556 The New York State Commission on Local Government Efficiency and Competitiveness, chaired by former Lieutenant Governor Stan Lundine, offers good ideas for streamlining. Its 2008 Counties Cities Towns Villages recommendations include requiring that collective bargaining agreements be renegotiated when local 996 991 6,900+ Taxpayers fund more than governments consolidate, converting many locally 1,000 state agencies and 10,500 local governments elected offices (such as highway superintendent and across New York State tax assessor) to appointed positions, and requiring (Attorney General) villages with fewer than 500 residents to hold referenda School districts Authorities Special in order to continue separate village governments. districts & BOCES On the subject of consolidation, many taxpayers want to have it both ways. While decrying the high cost of government, they reject proposals to save money by consolidating services. The state should encourage steps to SURVIVAL communities to make their local governments more efficient with steps that could include sharing information on best practices statewide, creating joint purchasing agreements, and providing grants to fund Reduce the number of state consolidation studies. agencies, authorities and commissions by 20 percent Experience suggests that incentives like these offer Pass legislation giving the governor a good return on investment. A study by the authority to reorganize the executive Department of State found that $40 million spent branch, with changes taking effect unless the legislature objects assisting communities with shared-service and consolidation projects is yielding $350 million Do not appoint new commissioners in reduced costs to local government.23 to unnecessary state agencies Support implementation of Lundine Commission recommendations Use grants, incentives and information-sharing to promote government consolidation and regional planning
  • 14. NEW YORK STATE ECONOMIC SURVIVAL GUIDE ISSUE Lower the Cost of Energy OUR STATE SUFFERS FROM THE HIGH COST OF POWER. The strain of utility taxes is a key reason that New One potential source is the Marcellus Shale, which York loses businesses to competing states. Taxes fuel lies below a vast region covering the Southern Tier, higher energy costs compared to other states. In fact, and contains huge amounts of natural gas. Extracting New York has the highest average retail price for the gas requires hydraulic fracturing, which is being electricity of the largest 15 states. Nationwide, only used at scores of drilling operations in Pennsylvania Hawaii and Connecticut utilities charge more. At an just across the New York border. But the state average of 16.57 cents per kilowatt-hour, electricity legislature has halted new permits for Marcellus Shale costs in New York are 78 percent higher than in extraction until May 15, 2011. We need to accelerate Pennsylvania, 97 percent higher than in Ohio and a negotiated settlement permitting gas extraction more than double North Carolina’s.24 from Marcellus Shale. It will bring jobs and income to New York, along with lower gas prices. It’s critical to make New York’s energy costs more competitive, but the state increasingly takes money from utilities as a backdoor tax. Excess “18-a” utility assessments, which are designed to pay for the Public Service Commission, are diverted to the general fund, steps to instead of being returned to utility customers. Funds raised by the Regional Greenhouse Gas Initiative (RGGI)—a cap-and-trade system for reducing SURVIVAL emissions from electricity-producing power plants Cut taxes on utilities, starting in 10 states—are also being diverted to the general with the systems benefit charge fund, which amounts to a new carbon tax. Reduce excessive 18-a utility assessments A good place to start lowering taxes is to eliminate Renew Article X so that we can the systems benefit charge, which benefits programs bring new power plants online administered by the New York State Energy Research safely but with minimum red tape and Development Authority. These are worthy causes, Reach a legislative settlement but they don’t justify reduced competitiveness. that will permit the extraction of gas from the Marcellus Shale The end of 2002 saw the expiration of New York State Article X, which streamlined the process for siting new power plants. Proposed legislation in 2007 that would have revived Article X failed to gain bipartisan support, but the effort should be renewed in 2011. Article X would help our state develop new energy sources, creating jobs and reducing electricity prices for all New York residents and businesses. 24 Average Retail Price of Electricity by State, 2008, U.S. Energy Information Administration, www.eia.doe.gov
  • 15. Ten Essential Reforms We Can’t Live Without SUMMARY New Direction WE NEED QUICK STEPS IN A NEW DIRECTION TO BRING NEW YORK BACK. For 20 years, the Empire State has suffered an New York’s economy can rise again, reversing the trend economic decline that started gradually but has of people and businesses moving away. We can create reached a crisis point. jobs and climb out of the recession as well as or better than other states, if our leaders are willing to make State government spends more than taxpayers changes now. If they don’t, we may never recover. can afford, and our leaders have committed to unsustainable annual increases. They borrow money State leaders are not the only ones who must act. to help close the gap, while pushing costly new All taxpayers should fight for New York’s survival, requirements onto school districts, local governments by demanding change from their state legislators and businesses. The cycle goes on, year after year, even and other leaders. To get involved, visit the Rochester as the migration of jobs and residents to other states Business Alliance website at www.RBAlliance.com has grown from a trickle to a flood. and support the Unshackle Upstate effort at www.UnshackleUpstate.com. That’s business as usual in Albany. It’s a disaster for the individual taxpayers and private-sector employers Look for more reports in the months ahead, and more who are struggling to remain afloat. ideas to create jobs. Together, we can make 2011 the year that the Empire State reverses its economic decline The new governor and legislature that take office in and returns to a path of greatness. 2011 offer our last and best chance to survive. State leaders must change business as usual from the day they take office, focusing on the priorities laid out in this report. All the steps can be implemented with determination and effort. Many of them involve just saying no: NO TO NEW TAXES. NO TO SPENDING PROGRAMS WE CAN’T AFFORD. NO TO INCREASED COSTS ON EMPLOYERS.
  • 16. Help New York Survive As our new governor takes office in 2011, New York is in financial danger. We must take steps immediately to control government spending and create jobs. You can be part of the SOLUTION Contact your state legislators Share this document with friends and colleagues Track progress and take action at www.RBAlliance.com © Rochester Business Alliance, Nov. 2010