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Solar business shines for Nickels Energy Solutions
CLAY — Nickels Energy Solutions, LLC is wrapping up a year that saw the company move into some new office space and complete 60 solar-installation projects. However, the firm faces some new challenges in the solar industry heading into 2020. Brothers Steve and Kevin Nickels founded Nickels Energy Solutions in 2015 as a way to […]
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CLAY — Nickels Energy Solutions, LLC is wrapping up a year that saw the company move into some new office space and complete 60 solar-installation projects. However, the firm faces some new challenges in the solar industry heading into 2020.
Brothers Steve and Kevin Nickels founded Nickels Energy Solutions in 2015 as a way to channel their growing interest in solar energy.
Steve Nickels, who serves as the company’s president and specializes in project and design management, graduated from the Rochester Institute of Technology in 2011 and went to work in the solar industry in Maryland. Kevin Nickels, VP and head of sales and marketing for the company, graduated from LeMoyne College in 2013 and pursued a career in sales.
Both brothers, with their different backgrounds, felt drawn to the solar industry. “Solar was something I knew I could feel passionate about,” Kevin Nickels says.
The pair brought their different skill sets together to form Nickels Energy Solutions (www.nickelsenergysolutions.com) and complete their first solar installation for their uncle in late 2015. That first project helped them build contacts with distributers, permitting officials, and more, Nickels says.
Things just kept rolling from there and the company completed 16 solar-project installations in 2016, he says.
Since then, primarily through word of mouth and attendance at home and garden trade shows, the company has grown steadily and sustainably, Nickels says.
Today, Nickels Energy Solutions employs 10 full-time and part-time employees including the Nickels brothers, he says. The company also just moved into its first-ever office space at 4575 Buckley Road in Clay. While client meetings continue to take place at the client’s home, having the 1,000-square-foot space at which everyone can start and end the day together has really helped foster the company culture, Nickels says.
This year, Nickels Energy Solutions will complete at least 60 projects for more than $1 million in sales. That’s up from 39 projects in 2018. Going forward, the company hopes to maintain that sales level and build on it, Nickels says.
Challenges
One hurdle the company faces is the Jan. 1 reduction in the federal tax credit for solar projects. Currently, the credit is 30 percent of the project cost, but that will drop to 26 percent in the new year.
To help push sales in the new year, Nickels says the firm will make sure potential customers know that credit will drop another 4 percent in 2021.
The other stumbling block Nickels Energy Solutions must navigate is a change in how utilities compensate residential solar producers for excess energy they provide back to the grid. In the past, the net metering system was a “very fair system” for compensating solar energy producers, Nickels says. Typically, it’s been a kilowatt-hour for kilowatt-hour exchange.
Beginning Jan. 1, the Value of Distributed Energy Resources (VDER) policy phases out net metering for a system where utilities set how much they will pay. Utilities determine the value by a variety of factors that can cause the reimbursement value to fluctuate.
These changes are a challenge, Nickels notes. “These two factors will result in a slightly longer payback,” for a solar project, he says.
However, he does not think they are insurmountable obstacles. Solar energy will still reduce a homeowner’s electricity costs and still provide a sustainable and clean alternative for energy, he contends.
Nickels Energy Solutions is there for those who are interested in that clean and sustainable option, Nickels says.

SU engineering professors to use $1.4M grant to improve building energy modeling
SYRACUSE — Two faculty members in Syracuse University’s College of Engineering and Computer Science (ECS) will work to develop a system that improves energy modeling of existing buildings using “aerial intelligence” acquired by drones. Senem Velipasalar, associate professor of electrical engineering and computer science, and Edward Bogucz, associate professor of mechanical and aerospace engineering, are
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SYRACUSE — Two faculty members in Syracuse University’s College of Engineering and Computer Science (ECS) will work to develop a system that improves energy modeling of existing buildings using “aerial intelligence” acquired by drones.
Senem Velipasalar, associate professor of electrical engineering and computer science, and Edward Bogucz, associate professor of mechanical and aerospace engineering, are members of a team that recently was awarded $1.4 million from the U.S. Department of Energy (DOE), Syracuse University announced in mid-November.
“People across the country applied to get funding from that program,” says Bogucz. “It was thrilling to be on a team that was successful in making an application and getting that award.”
The DOE funding will support a three-year project called “Aerial Intelligence for Retrofit Building Energy Modeling (AirBEM).”
“It’s meant to reduce the cost of getting accurate assessments of building-energy efficiency to help building owners identify opportunities to improve energy efficiency,” says Bogucz, who spoke with CNYBJ on Dec. 3.
AirBEM will complement human auditing of building interiors with the use of drones equipped with infrared sensors and onboard processors to audit the exterior envelope. The drones will use computer vision algorithms to detect both materials and heat transfer anomalies, which suggest construction defects, such as air leaks.
“And then to quickly and accurately predict how much energy can be saved if various improvements would be made. If there would be new insulation, or new windows and doors, whatever the measures might be to improve the energy efficiency of the building,” he adds.
Idea development
The concept for AirBEM originated at Syracuse University with initial seed funding from the Syracuse Center of Excellence (SyracuseCoE), the school said. Subsequently, AirBEM collaborators developed the concept using additional funding awards from sources that include ECS and the Office of Research; the Campus as a Laboratory for Sustainability program; the University College Innovative Program Development Fund (iFund); and the Collaboration for Unprecedented Success and Excellence (CUSE) grant program.
Bogucz will assist with efforts to commercialize the technology. At the outset, he will help the researchers communicate with potential users of the product when it’s done.
“These are firms that are providing assistance to building owners in evaluating their energy efficiencies,” says Bogucz. “We’ll engage those companies early in the project so that they can advise on what would be most helpful to them.”
As the project develops new tools, the companies will be engaged in evaluating those tools. And “ideally,” at the end of the three-year project, he says, the companies would be in a position to adopt the new technology in the services that they’re providing.
Tarek Rakha, assistant professor of architecture at the Georgia Institute of Technology, is the principal investigator for the new DOE project. Previously, Rakha was a faculty member in Syracuse University’s School of Architecture and a SyracuseCoE faculty fellow. Velipasalar will lead the research tasks that will be conducted at Syracuse University for the project.
Aging buildings
More than half of all U.S. commercial buildings were built before 1970 and are “inefficient” relative to newer buildings, Syracuse University said. To address the inefficiency of this older stock, retrofit programs rely on on-site auditing to collect information about buildings’ envelope, lighting and heating, ventilation, and air conditioning (HVAC) systems.
The programs use physics-based, whole-building energy modeling to identify and diagnose specific inefficiencies in these systems and to design and optimize energy-efficiency measure packages that address them.
Envelopes and windows account for over 50 percent of energy loads in buildings, but collecting detailed and actionable information about them is “challenging,” Syracuse said. A primary challenge is the difficulty in accessing building exteriors above the first or second story. Using humans to perform this inspection is “time-consuming, costly, dangerous, and error prone,” the school added.

NYSEG, Cornell professor work on program coordinating electric car-charging times
ITHACA — New York State Electric and Gas (NYSEG) is working with a Cornell University professor on a program to coordinate electric-vehicle power use by encouraging owners to delay charging times in exchange for lower prices. The project, OptimizEV, will involve 35 participants in Tompkins County for a year to better understand consumer charging preferences,
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ITHACA — New York State Electric and Gas (NYSEG) is working with a Cornell University professor on a program to coordinate electric-vehicle power use by encouraging owners to delay charging times in exchange for lower prices.
The project, OptimizEV, will involve 35 participants in Tompkins County for a year to better understand consumer charging preferences, and how these might align with the overall power grid, per a Cornell University news release.
NYSEG is working with Eilyan Bitar, associate professor of electrical and computer engineering, on the project.
Owners of electric vehicles tend to come home in the evenings and plug in their cars, straining the grid because they’re demanding a lot of power at peak times, Cornell said. Even with plans offering off-peak discounts, most electric car owners still charge their cars at the same time to take advantage of lower prices, which also strains the grid, though at different hours.
“When most people plug their vehicles in, they don’t always need them to be charged immediately, and even though they won’t need them until the following morning, they’re plugged in for the rest of the night,” said Bitar, who is also a fellow with the Cornell Atkinson Center for Sustainability.
How it works
Participants in the pilot will use smart chargers that can communicate to NYSEG their energy usage minute by minute. Electric-vehicle owners will indicate how long they plan to leave their cars plugged in, choosing from a menu of options that offers larger discounts the longer they’re willing to delay.
Once customers make their selections, an optimization algorithm will consider their deadlines, their energy usage, and the wider demand on the power grid in order to determine the optimal charging pattern for every vehicle being managed.
“That will allow us to both monitor electric-vehicle charging and to transmit control signals that let us adjust the power they’re drawing in real time,” Bitar said. “We’ll reshape the electric vehicle power load patterns to minimize strain on the grid, while still respecting customers’ charging preferences and personal deadlines.”
Bitar developed the optimization algorithm along with Polina Alexeenko, a doctoral student in electrical and computer engineering, Cornell said.
Smart chargers have been installed in the homes of the 35 participants, and preliminary monitoring will continue through the end of the year. The pilot is expected to be completed in late 2020.
Power demand for electric vehicles is “growing” as more consumers use level- two chargers, which are faster and more powerful than level-one chargers, but can double a household’s peak power demand. The popularity of these chargers, combined with the increased adoption of electric cars, could jeopardize the utility’s ability to deliver power cheaply and reliably.
“Our grid infrastructure has limited capacity,” Bitar said. “Transformers can only accommodate so much demand at any given moment. Exceeding a transformer’s capacity to serve demand can severely reduce its lifetime, requiring more frequent replacements — which is not cheap.”
OptimizEV is part of NYSEG’s Energy Smart Community Initiative in Tompkins County, and was developed in partnership with Kitu Systems of San Diego, California; Taitem Engineering in Ithaca; and supported in part by the New York State Energy Research and Development Authority (NYSERDA).

U.S. Army staying with ReEnergy biomass contract at Fort Drum
FORT DRUM — The Black River facility of ReEnergy Holdings continues providing biomass energy for Fort Drum. The U.S. Army’s Defense Logistics Agency (DLA) on Nov. 21 announced that it would no longer seek to renegotiate its contract with ReEnergy, the office of U.S. Representative Elise Stefanik (R–NY 21) said in a news release. The
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FORT DRUM — The Black River facility of ReEnergy Holdings continues providing biomass energy for Fort Drum.
The U.S. Army’s Defense Logistics Agency (DLA) on Nov. 21 announced that it would no longer seek to renegotiate its contract with ReEnergy, the office of U.S. Representative Elise Stefanik (R–NY 21) said in a news release.
The Army had sought to change its 20-year agreement that allows ReEnergy to provide Fort Drum with biomass energy, the office of U.S. Senate Minority Leader Charles Schumer (D–N.Y.) said in a Nov. 26 statement reacting to the Army’s decision.
DLA had awarded a 20-year contract to Fort Drum in 2014.
Schumer said he helped facilitate the contract. However, news reports indicated that the Army “had proposed ending or significantly amending the contract,” despite ReEnergy meeting all performance requirements and investing $50 million into the facility.
ReEnergy is a 60-megawatt facility that generates 422,000 megawatt hours per year and is located on Fort Drum, providing the installation with “100 percent energy independence,” per Stefanik’s office.
Larry Richardson, CEO of ReEnergy Black River, also reacted in a statement.
“We are pleased that the Defense Logistics Agency has decided not to renegotiate the terms of ReEnergy’s agreement to supply secure, resilient, renewable energy to Fort Drum. We are proud to provide secure and resilient electricity to the post and support the critically important mission of the Army’s 10th Mountain Division,” Richardson said. “We deeply appreciate the support we have received over the years from Senator Chuck Schumer, Senator Kirsten Gillibrand, and Representative Elise Stefanik in our work with the Department of the Army and Fort Drum. The ReEnergy Black River biomass power facility supports more than 300 direct and indirect jobs and serves as an important market for regional forest and mill residue. We are gratified to play a supporting role in the regional forest products industry and we look forward to our continued partnership with Fort Drum and the Defense Logistics Agency.”
Schumer explained that ending or amending the current deal would not only have “jeopardized hundreds of good-paying jobs” in upstate New York, but it would have undermined Fort Drum’s “energy resilience when facing potential threats to the energy grid.”
Schumer added that such an action would have a negative impact on all future agreements because bidders will price into contracts the risk that the Army may change its mind mid-contract.
In May of this year, Schumer met with the Secretary of the Army, Ryan McCarthy, and the Chief of Staff of the Army, General James McConville, and urged both senior leaders to honor ReEnergy’s contract with Fort Drum, the Democrat’s office noted.
“I’m so pleased to hear that the Army will be honoring its contract with ReEnergy, and that Fort Drum will maintain its status as the only 100 percent energy-independent, self-sustaining and off-the-grid military installation in the country. Not only does this contract support good-paying jobs in the North County, but it also ensures that in the event of an attack on our power grid, Fort Drum could continue to meet readiness requirements without disruptions,” Schumer said.
Stefanik added, “DOD’s use of alternative energy strengthens their ability to conduct combat operations, humanitarian response and protects our national security.”

Completed Oneida County solar project is powering Upstate Cerebral Palsy location
BARNEVELD — A 1.4-megawatt solar project is providing power for the Barneveld location of Upstate Cerebral Palsy, which is the “sole beneficiary” of the power generated from that project. The New York State Energy Research and Development Authority (NYSERDA) and Boston, Massachusetts–based Citizens Energy Corporation on Oct. 24 announced the completion of the Oneida County
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BARNEVELD — A 1.4-megawatt solar project is providing power for the Barneveld location of Upstate Cerebral Palsy, which is the “sole beneficiary” of the power generated from that project.
The New York State Energy Research and Development Authority (NYSERDA) and Boston, Massachusetts–based Citizens Energy Corporation on Oct. 24 announced the completion of the Oneida County project.
NYSERDA, through the NY-Sun program, provided nearly $300,000 in support of the solar array, which includes 3,600 panels, per a release. The solar installation will offset almost all of Upstate Cerebral Palsy’s annual electricity load, “providing an estimated savings to the organization of more than $30,000 annually,” NYSERDA said.
Located behind the organization’s Barneveld facility, the 1.4-megawatt array will produce more than 1.5 million kilowatt-hours annually, “the equivalent of taking 184 cars off the road or powering 245 homes annually.”
Citizens Energy owns and operates the solar array. It was developed to contribute to New York’s renewable-energy goals, reduce greenhouse-gas emissions, and support the company’s 40-year mission of “using successful energy ventures to generate revenues to make life’s basic needs, especially energy, more affordable for elderly and low-income households,” the release stated.
Former Congressman Joseph Kennedy, II founded Citizens Energy in 1979 and he continues to serve as its chairman and president.
“The newly constructed 7-acre solar farm will provide discounted electricity to over 50 of our sites. The sites house or provide programs to thousands of people with developmental disabilities and the nearly 2000 staff that support them,” Geno DeCondo, executive director of Upstate Cerebral Palsy, said in the release. “With the help of our partners and consulting group, WMR Services LLC, we have been able to partner with Citizens Energy Corporation to achieve cost savings to support our critical programs, and at the same time harness renewable energy that reduces emissions and our carbon footprint.”
WMR Services has offices in New Hartford and Buffalo, per its website.
About Upstate Cerebral Palsy, NY-Sun
Upstate Cerebral Palsy is a provider of services to 15,000 individuals annually in Central New York, with more than 2,000 employees at over 60 locations.
Upstate Cerebral Palsy is a health and human-services organization that provides support and programs for individuals with special needs and their families, “across the lifespan.” The organization’s mission is to provide innovative programs and services that support people and create opportunities to fulfill life choices, one person at a time.
NY-Sun is Gov. Cuomo’s
$1 billion initiative to “advance the scale-up” of solar and “move the state closer to having a sustainable, self-sufficient” solar industry. Since 2011, solar in New York has increased more than 1,700 percent and leveraged nearly $3.8 billion in private investments, NYSERDA said. These investments have supported nearly 12,000 people who work in solar jobs across the state.

BINGHAMTON — Crews of New York State Electric & Gas Corporation (NYSEG) — a subsidiary of AVANGRID, Inc. — at work in the Southern Tier and Hudson Valley to restore power after the winter storm of Dec. 1-2 disrupted service to thousands of customers. More than 55,000 NYSEG customers lost power, the company said in
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BINGHAMTON — Crews of New York State Electric & Gas Corporation (NYSEG) — a subsidiary of AVANGRID, Inc. — at work in the Southern Tier and Hudson Valley to restore power after the winter storm of Dec. 1-2 disrupted service to thousands of customers. More than 55,000 NYSEG customers lost power, the company said in a news release. Much of the damage from the winter storm resulted from heavy, wet snow that brought down trees and limbs, causing damage to overhead power lines and other electrical equipment. As a result of the damage in some of the more remote areas, repairs required specialized equipment, NYSEG added.

ANCA completes two NYSERDA clean-energy programs
The Adirondack North Country Association (ANCA) says it recently wrapped up two clean-energy programs that have helped municipalities “reduce costs and increase energy efficiency” for their communities. ANCA describes itself as an “independent nonprofit organization growing the New Economy in northern New York.” Since 2015, the ANCA clean-energy program has worked with municipalities and residents to
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The Adirondack North Country Association (ANCA) says it recently wrapped up two clean-energy programs that have helped municipalities “reduce costs and increase energy efficiency” for their communities.
ANCA describes itself as an “independent nonprofit organization growing the New Economy in northern New York.”
Since 2015, the ANCA clean-energy program has worked with municipalities and residents to help implement two programs from the New York State Energy Research and Development Authority (NYSERDA). The programs include the Cleaner Greener Communities (CGC) One Stop Shop (OSS) program and the Clean Energy Communities (CEC) program.
The OSS and CEC programs provided more than $2 million in energy funding to the region, ANCA said.
“They spoke and we listened,” Nancy Bernstein, energy circuit rider (ECR) at ANCA, said in a news release. “We were hearing from multiple municipalities that they were interested in clean energy, but did not have the time or technical expertise to fund and complete projects.”
The OSS program was designed to meet those needs by offering assistance to municipalities through the creation of four ECR positions and the development of tools and resources.
ANCA’s energy circuit riders (ECR) “help municipalities plan, finance and implement energy-saving upgrades to buildings and infrastructure as well as projects that focus on renewable energy technologies. Working side-by-side with municipal officials, they provide capacity and expertise to support informed decision-making,” per the ANCA website.
Over a four-year period, the ANCA ECR team connected with 195 North Country communities and assisted in completing clean-energy projects. They included interior light-emitting diode (LED) lighting upgrades; building envelope improvements; battery storage feasibility studies; net zero design; pellet boiler installations; LED streetlight conversions; electric vehicle charging station installation; solar siting; and solar installations.
Clean energy communities program
Starting in 2016, ANCA’s ECRs led an outreach campaign through the CEC program, providing technical and financial support for 35 North Country communities and assisting each in the adoption of at least four of 10 “high impact action items” determined by the state as important first steps in achieving its clean-energy goals. The first 18 communities to achieve CEC designation were awarded funding to complete clean-energy projects.
To date, 19 local governments are designated CEC communities in the North Country. They include Jefferson County; Lewis County; St. Lawrence County; Towns of Colton and Waddington and Village of Canton in St. Lawrence County; Franklin County; Town of Malone; and Village of Saranac Lake.
They completed at least four “high impact actions” to earn the Clean Energy Communities designation, per the NYSERDA website.
“This CEC program has been invaluable in our ongoing efforts to make our highway garage more energy efficient and more comfortable for our workers,” Malone Town Supervisor Andrea Steward said in the release. “With the help of ANCA’s energy circuit riders, we have successfully upgraded our streetlights to LED, which has improved safety while reducing energy costs.”

76West clean-energy contest winner to expand operations to Southern Tier
BINGHAMTON — A Pennsylvania company that makes emission-reducing biodiesel fuel systems for trucks is using its grand-prize win in this fall’s 76West clean-energy competition to expand its operations in the Southern Tier. Pittsburgh–based Optimus Technologies, which manufactures biodiesel fuel systems for diesel trucks that reduce greenhouse-gas emissions and fuel costs, was named the $1 million
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BINGHAMTON — A Pennsylvania company that makes emission-reducing biodiesel fuel systems for trucks is using its grand-prize win in this fall’s 76West clean-energy competition to expand its operations in the Southern Tier.
Pittsburgh–based Optimus Technologies, which manufactures biodiesel fuel systems for diesel trucks that reduce greenhouse-gas emissions and fuel costs, was named the $1 million grand prize winner on Sept. 25.
The company plans to expand its operations to the Southern Tier, the office of Gov. Andrew Cuomo said.
New York Lt. Gov. Kathy Hochul announced the winners during the Sept. 25 ceremony at Binghamton University.
Optimus Technologies was founded in 2010 in Pittsburgh “to commercialize the results of five years of research and development of biodiesel systems for diesel engines. These efforts were driven by the vision and the knowledge that other alternative fuel solutions were prohibitively expensive and did not provide the same results as biodiesel,” the company says on its website. “Based on this research and our patented technology, Optimus developed the Vector System — a bi-fuel conversion system that enables diesel engines to run primarily on biodiesel.”
Other winners
Optimus Technologies was among six winning companies at the 76West competition, described as “one of the largest competitions in the country that supports growing clean energy businesses to foster economic development.”
A total of $2.5 million was competitively awarded to six companies. A $500,000 winner and four $250,000 winners were also named as part of the competition, which is administered by the New York State Energy Research and Development Authority (NYSERDA).
$500,000 award winner
Radical Plastics of Marblehead, Massachusetts captured a $500,000 award. It develops a biodegradable replacement for agricultural plastic mulch, lowering greenhouse-gas emissions and improving air quality by reducing fertilizer and avoiding plastic incineration.
$250,000 award winners
The $250,000 winners include CleanFiber of Buffalo. The company manufactures low-dust high-performance cellulose building insulation from recycled cardboard that increases energy efficiency and reduces energy costs.
Cambridge Crops of Somerville, Massachusetts produces an edible bio-based protein coating that reduces food spoilage and waste as well as associated carbon dioxide emissions from food production and transport.
The winners also include Carbon Upcycling Technologies of Calgary, Alberta, which transforms carbon-dioxide emissions into nanoparticles that can be used to produce coatings and additives to extend the life of concrete, thereby helping to avoid greenhouse gas emissions associated with concrete manufacturing.
ProsumerGrid of Atlanta, Georgia produces integrated planning software enabling electric utilities and energy service companies to optimize deployment of distributed energy resources such as solar and energy storage.
Onondaga County hotel occupancy rate rises nearly 5 percent in October
SYRACUSE — Hotels in Onondaga County were fuller in October than in the year-ago month, while room revenue also increased, according to a new report. The hotel occupancy rate (rooms sold as a percentage of rooms available) in the county rose 4.6 percent to 66.1 percent in October, according to STR, a Tennessee–based hotel market
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SYRACUSE — Hotels in Onondaga County were fuller in October than in the year-ago month, while room revenue also increased, according to a new report.
The hotel occupancy rate (rooms sold as a percentage of rooms available) in the county rose 4.6 percent to 66.1 percent in October, according to STR, a Tennessee–based hotel market data and analytics company. Year to date, through October, hotel occupancy in the county was down 4.5 percent to 59 percent.
Revenue per available room (RevPar), a key industry gauge that measures how much money hotels are bringing in per available room, gained 4.1 percent to $72.36 in October. Through the first 10 months of 2019, the county’s RevPar fell 3.6 percent to $61.77.
Average daily rate (or ADR), which represents the average rental rate for a sold room, dipped 0.5 percent to $109.53 in October. Year to date, Onondaga County’s ADR was up 1 percent to $104.75.
In Albany, there are a number of aays that legislation comes about. At times, a legislator will introduce a bill addressing a circumstance that personally affected that legislator. In other cases, a bill will be introduced to address a problem or issue faced by a constituent of the legislator or take on an issue raised
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In Albany, there are a number of aays that legislation comes about. At times, a legislator will introduce a bill addressing a circumstance that personally affected that legislator. In other cases, a bill will be introduced to address a problem or issue faced by a constituent of the legislator or take on an issue raised by an interest group. Lastly, in many instances, legislation will be proposed in reaction to an event or tragedy that recently was reported in the news. It is in this last instance where the cliché “bad facts make bad law” arises because in the legislature’s haste to react, often the legislation is poorly drafted, results in unintended consequences, and is manipulated for political gain. Too often such legislation is not based on good public policy.
A perfect example of this was the implementation of the SAFE Act, which was rushed through the New York Legislature by Gov. Andrew Cuomo in reaction to the shooting tragedy in Newtown, Connecticut. Since its enactment, some of the SAFE Act has been enjoined by the courts and some of it has yet to be implemented due to the fact that it is unworkable. And, many would argue, all of it was done to appease gun-control advocates as opposed to enacting a policy that will make New Yorkers safer. In essence, bad facts made bad law.
In the last legislative session, a movement to abolish cash bail took flight because of the tragic story of Kalief Browder. Mr. Browder was arrested on a robbery charge and spent three years on Rikers Island without being tried because he couldn’t raise the $3,000 for bail. Eventually, the charges were dropped, but sadly, Browder committed suicide after his release. Everyone would agree that this is not the way the system should work and some reform was necessary. However, in true Albany fashion, legislation that was passed to address Browder’s circumstance went way far afield and we are now facing the serious consequences of its enactment.
As has been reported, law-enforcement officials throughout the state, both Democrat and Republican, have raised serious concerns about the new law. For the most part, the new law addresses two issues: (i) bail; and (ii) pre-trial discovery. As far as bail, under the new rules in most cases, a person who is alleged to have committed a misdemeanor or lower-level felony cannot be incarcerated pending trial. Further, for those who are charged with a more serious crime, a judge can only use the least-restrictive measure possible in order to ensure that that person returns to court. Even in these cases, a judge cannot take into account whether the defendant is dangerous or a threat to public safety. Although the law doesn’t take effect until Jan. 1, New York City (NYC) has already begun to release prisoners who, under the new law if it had been in effect, would not have been subject to pre-trial incarceration. NYC Mayor Bill de Blasio is giving these alleged criminals free Mets baseball tickets, gift cards, and movie passes to entice them to show up for their court dates. In Oswego County, although there will be no early release prior to the law going into effect, it is estimated that roughly 20 percent of the defendants currently held in the Oswego County jail awaiting trial will need to be released, as of Jan. 1.
While receiving less media attention, but as troubling as the bail reform, is the law’s new rule that prosecutors have to provide a defense attorney with all the information that relates to the case that is in the possession or control of the prosecutor within 15 days of the defendant’s arraignment. Prosecutors throughout the state have noted that 15 days is too soon. The cost of gathering this information in that limited time period may dissuade prosecutors from pursuing cases due to limited resources. Indeed, in Oswego County alone it is estimated that this mandate will cost $1 million. Moreover, there is a real concern that turning over information about witnesses within that time period will result in witness intimidation. Many defendants want to find out about a witness, not to unearth exculpatory information, but rather to target and intimidate a witness before a court proceeding. Witnesses are the key to our criminal justice system and we should proceed with great caution when enacting legislation that has the potential of hindering their testimony.
The pursuit of reform to prevent cases like Kalief Brower’s case has resulted in a law that, as it has been given greater scrutiny, will have serious public-safety ramifications. That is why district attorneys and police officers statewide are asking for a delay in the legislation’s enactment. This is a good idea. At times, it is important to take a step back, review what has been done, and make changes that preserve necessary reforms while, at the same time, not creating more problems. This is clearly one of those times and I strongly support delaying implementation of this latest legislation. Let’s not have the bad facts of the Kalief Browder case make bad law.
William (Will) A. Barclay is the Republican representative of the 120th New York Assembly District, which encompasses most of Oswego County, including the cities of Oswego and Fulton, as well as the town of Lysander in Onondaga County and town of Ellisburg in Jefferson County. Contact him at barclaw@assembly.state.ny.us or (315) 598-5185.
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