December 2012 - In this issue:

Assembly Member Kellner Brings Another Lawsuit to Stop the East 91st Street Marine Transfer Station Solutions to New York State's Election Day Problems The Co-op and Condo Tax Abatement The Fight Continues Against Hydrofracking in New York Increasing the Minimum Wage for All New Yorkers Happy Holidays! A New Assembly District in January Apply for a Community Grant through Citizens Committee for New York Free Monthly Legal Clinic for Tenants
Visit my website: www.MicahKellner.com Follow me on Twitter: @micahkellner

Assembly Member Kellner Brings Another Lawsuit to Stop the East 91st Street Marine Transfer Station

new reality of frequent extreme weather should be a wake up call for the Army Corps of Engineers, the Bloomberg administration and the City Council that building a Marine Transfer Station in Flood Zone A is a disaster in the making. Our new lawsuit exposes the fact that the U.S. Army Corps of Engineers violated the requirements of the Federal Clean Water Act along with its own guidelines in granting the final permit necessary to begin construction on the East 91st Street Marine Transfer Station. The Army Corps of Engineers cut corners in issuing its permit in July. It failed to thoroughly evaluate all possible alternative sites, the true long term environmental impact on this densely populated residential neighborhood and whether constructing a Marine Transfer Station at East 91st Street is truly in the public interest. That puts our community, and the tens-of-thousands of people who use Asphalt Green each year, at risk. This new lawsuit will give us yet another avenue to finally stop the construction of the East 91st Street Marine Transfer Station.

Assembly Member Kellner announcing his new lawsuit to stop the Marine Transfer Station

Last month, I announced that I am the lead plaintiff along with Councilmember Jessica Lappin and others on a new federal lawsuit challenging the U.S. Army Corps of Engineers' permitting of Mayor Bloombergs ill-conceived East 91st Street Marine Transfer Station. When Superstorm Sandy hit on October 29th, the area around the East 91st Street Marine Transfer Station flooded, damaging Asphalt Greens facilities with waters reaching as far as First Avenue. This

Solutions to New York State's Election Day Problems

Many New Yorkers - myself included - experienced long delays when they tried to cast their ballots on Election Day. The long lines, broken ballot scanners

and lack of competent poll workers illustrated just how antiquated New Yorks election law is. Clearly our current election system could not handle the number of New Yorkers who attempted to cast a ballot. We need to institute a voting process that is easy, efficient and secure as possible.

one week before a special election. Also, at least five polling places would be required in each of our 62 counties. I think these are much needed steps on the way to reforming our entire elections process and I look forward to making this legislation a reality. New Yorkers deserve a voting system that is both simple and convenient.

The Co-op and Condo Tax Abatement

Many condo and co-op owners on the Upper East Side, Yorkville and Roosevelt Island have been able to remain in the city due - in large part - to a property tax abatement making it affordable. The tax abatement expired this year and, unfortunately, the legislature ended its session without an agreement to extend it for co-op and condo owners. Those who are worried about receiving a higher tax bill next month have nothing to fear. The New York Citys Department of Finance will send out estimated tax bills as if the abatement is still in place. When the legislature reconvenes in January, our first priority is the vote to reauthorize the program retroactively. It is important to me to continue to fight keep this abatement in place so that New Yorks property owners will not be priced out of their homes.

Assembly Member Kellner voting on Election Day -- after waiting an hour and a half

I believe mail-in balloting is a solution that New York State should study. It has proven to be an effective and secure method of voting in other states, such as Oregon and Washington. It provides voters with the same capacity to make their vote count with convenience and without the human or technical error that New Yorkers faced in this last Presidential election. Vote-by-mail elections improve the accuracy of voter registration and also simplify the electoral process. Oregon's voting is done 100% by mail. Their ballot marking program allows voters to mark, review, and print a ballot for return. Washington State also votes primarily through mail-in ballots. Ballot materials are mailed or made available to voters at least 18 days prior to an election. The ballots are completed by the voter and placed in an inner security envelope. That envelope is then placed in the outer return envelope where the voter signs an affidavit to ensure a ballots authenticity, making mail-in voting safe and secure. Signed envelopes are then mailed no later than Election Day. I have also signed onto legislation which establishes early voting in New York State. This legislation would enact a number of fixes to help alleviate problems our state may face in future elections. All registered voters would be able to cast their ballots as early as two weeks before a general election and

The Fight Continues Against Hydrofracking in New York

For several years, there has been an effort underway to allow drilling for natural gas in upstate New York through a process known as hydraulic fracturing, commonly referred to as hydrofracking. Hydrofracking uses a mixture of nearly 600 chemicals, many of them kept secret from the public, and millions of gallons of water, which are blasted underground in order to destabilize rock and shale to extract natural gas. I have opposed hydrofracking from the very beginning because it is not yet proven that it can be done safely and without poisoning our water or causing other environmental damage. Hydrofracking poses a real danger to our state and last year - I sponsored a bill in the Assembly to ban it entirely.

Over mine and other advocates' opposition, Governor Cuomo has directed the State Department of Environmental Conservation (DEC) to draft regulations to permit hydrofracking to move forward in New York State. Recently, he announced that the DEC would be extending its public comment period on the draft regulations for hydrofracking to allow for a review of potential adverse health affects from drilling. I have been advocating for a broader health impact study of hydrofracking for over a year, and I am very pleased to see this extra step in place before New York jumps into hydrofracking without fully understanding its ramifications. I encourage all New Yorkers to take the time to make your voices heard by commenting on the DEC's website at www.dec.ny.gov. The new end date for the comment period is now January 11, 2013.

In 2010, there were over 264,000 people in New York State earning at or below the minimum wage, many of whom are right here in the five boroughs. With cost of living well above the national average it is vital that our wage standards here in New York reflect this fact. The guarantee of a livable wage benefits not only workers and their families; it is also a direct benefit for New Yorks overall economy. Under a bill Ive sponsored, our minimum wage would go up to $8.50 per hour - still well below what it would be if it had been indexed for inflation. That increase would make our minimum wage among the highest in the nation second only to Washington State. I am confident that when we head back to Albany after the New Year we can come to an agreement with our colleagues in the Senate to pass this legislation immediately.

Happy Holidays! Increasing the Minimum Wage for All New Yorkers
Since 2006, the minimum wage in New York State has remained stagnant at $7.25 per hour. Our workforce deserves better. When Congress first implemented a minimum wage in 1938, it was intended to ensure that low-wage workers would earn a livable wage. However, the minimum wage has fallen decades behind the growing rate of inflation. According to the United States Bureau of Labor Statistics, the nation's minimum wage peaked in 1968 at the 2010 equivalent of $9.60. If the 1968 minimum wage of $1.50 had been indexed to keep up with inflation, it would have had the purchasing power today of $10.03. Here in New York, if our state minimum wage had been indexed to keep up with inflation it would be approximately $10.80 today. New York's current minimum wage is not nearly sufficient enough to meet the rising costs of food and shelter, let alone provide for the costs of healthcare, transportation, child care and other necessities that hard working New Yorkers and their families face every day. My wife and I wish you and your families a happy, healthy and safe holiday season. Happy Chanukah, Merry Christmas and a joyous New Year! Just a reminder: I will be joining with my East Side elected colleagues to host a holiday party on Tuesday, December 18th from 6:30-8pm at Marymount Manhattan College's Great Hall located at 221 East 71st Street (between Second and Third Avenues). We are asking for donations to New York Cares 24th Annual Coat Drive, which is more important than ever in the aftermath of Hurricane Sandy.

A New Assembly District in January

Since 2007, I have represented the 65th Assembly District, stretching from 60th Street all the way up to 95th Street on the East Side. Following New Yorks redistricting process this year, I will now be representing the brand new 76th Assembly District. The district will shift a few blocks in some spots, but I will still represent most of the old 65th district, including Roosevelt Island.

improvement projects throughout the city. Groups based in low income neighborhoods and Title I public schools are given priority. Recent awards have enabled neighbors to come together to make healthy food available in their communities, transform empty lots into community gardens, organize tenants to advocate for better housing conditions, and start school recycling drives. Download the application at www.citizensnyc.org. The deadline is January 31, 2013.

Free Monthly Legal Clinic for Tenants

I am pleased to join with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you with eviction, or is refusing to make necessary repairs, and you can't afford to hire a lawyer, come consult one of our volunteer attorneys. The clinic is held the first Monday of every month at 1233 Second Avenue (between East 64th and 65th Streets) with appointments from 6:30 p.m. to 8:30 p.m. The next clinic will be on Monday, January 7th. The clinic is by appointment only. Please call my office at (212) 860-4906 to schedule an appointment.

The new 76th Assembly District

My staff remains in place and on hand to help you and your families with any community issues you have. Please do not hesitate to contact us at (212) 8604906.

Apply for a Community Grant through Citizens Committee for New York
Citizens Committee for New York City awards micro-grants between $500 - $3,000 to resident-led groups to work on community and school

Contact My Office:
District Office of Assembly Member Micah Z. Kellner 1365 First Avenue New York, NY 10065 T: (212) 860-4906 F: (917) 432-2983 Hours: M-F 9:30 a.m. - 5:30 p.m. Email me: KellnerM@assembly.state.ny.us Visit my website: www.MicahKellner.com