The Wall St.Journal 28Feb2020

THE WALL STREET JOURNAL. ** Friday, February 28, 2020 |A9B

More than 50 large-scale

power projects have applied

for permits under Article 10;

five have been approved.

The loss of local input is

concerning for lawmakers who

represent upstate areas where

proposed facilities have

stirred controversy.

State Sen. Robert Ortt, a

Republican from Niagara

County, said the new process

would give the state more

power to override local laws

that restrict renewable energy

projects than it had under Ar-

ticle 10. “That’s a real problem

for me and my constituents,

who are going to wonder,

‘Where’s my say?’ ” he said.

Gary Abraham, an attorney

who has represented munici-

palities and citizen groups that

have raised concerns about

wind farms, said Mr. Cuomo is

“reducing towns and citizens

to commenting only.”

Anne Reynolds, executive di-

rector of the Alliance for Clean

Energy New York, a group of

renewable-energy developers,

praised the creation of the new

office. She said developers are

less excited about another part

of Mr. Cuomo’s plan, which

would let the state take the

lead on site-selection and per-

mitting—and on finding a pri-

vate firm to run a facility.

“The current pace of per-

mitting projects was not add-

ing up to get us to our goals.

It was, in fact, chilling some

developers from coming to

New York,” Ms. Reynolds said.

The governor is negotiating

the parameters of the budget

with Democratic legislative

leaders; the current budget ex-

pires March 31.

Senate Majority Leader An-

drea Stewart-Cousins said she

would review the proposal.

Assembly Speaker Carl Heastie

said the plan is a “well-mean-

ing thought,” but some of his

members raised concerns

about the loss of local control.

Responding to complaints

from developers of wind and

solar farms, Gov. Andrew

Cuomo has proposed a faster

system for siting renewable-en-

ergy projects to help New York

meet its goal of drastically re-

ducing carbon emissions.

The Democratic governor

last week inserted language

into his proposed $178 billion

budget that would replace the

existing multiagency review

process with a new dedicated

office within the state’s eco-

nomic development agency.

The existing siting process,

known as Article 10, has been

in place since 2011 and can take

years. It is run by a board with

representatives from five state

agencies—including the De-

partment of Environmental

Conservation—and two local ad

hoc appointees chosen for each

project. The siting board’s job

is to balance all of the interests

involved and ensure broad pub-

lic participation, officials say.

There wouldn’t be local rep-

resentatives in the new pro-

cess. Permits could be granted

quickly if projects conformed

to a set of standards for miti-

gating noise, wildlife impacts,

traffic and other criteria that

the new office would develop

based on projects that previ-

ously were approved.

“You wouldn’t have these

contentious community versus

energy-project dramas that

have gone on across the state,

and you could actually get it

done faster,” Mr. Cuomo said.

BYJIMMYVIELKIND

Cuomo Proposal

Would Ease Path

For Green Projects

Faster system would

help New York meet

its goal of reducing

carbon emissions.

within two weeks, the authority

would begin proceedings to re-

possess the 1,900-square-foot

space on the terminal’s lower-

level dining concourse.

Mr. Germanotta, who is pop

star Lady Gaga’s father, said that

if he couldn’t come to an agree-

ment with the MTA, he would

demand that the authority repay

the more than $1.5 million he in-

vested in the restaurant’s con-

struction, plus loss of business.

Mr. Germanotta and other

business owners in the con-

course say they are struggling

because of a homeless prob-

lem, rodent infestations and

outdated furniture and facili-

ties. Monthly rents and fees for

space in the concourse can to-

tal tens of thousands of dollars.

A person familiar with other

businesses on the dining con-

course said at least one other

restaurant has stopped paying

rent because of hardship. That

firm owes the MTA more than

$100,000, the person said.

MTA officials contend only a

few businesses are struggling

and that comparable sales

across the dining concourse in-

creased by 6.3% last year com-

pared with 2018. Some business

owners have said that although

it can be challenging, they are

doing well due to the 800,

tourists and commuters esti-

mated by the MTA to pass

through the terminal daily.

Cathy Rinaldi, president of

Metro-North Railroad, which

operates out of the terminal,

said homelessness is an issue,

but noted that outreach ef-

forts, including by MTA police,

are helping to reduce the num-

ber of people sheltering in the

building. “We have not cured

this problem,” she said. “But I

do think some of these initia-

tives are bearing fruit.”

The MTA is struggling with

a growing homelessness prob-

lem that is challenging transit

agencies across the U.S. Grand

Central Terminal is a safe,

warm refuge for many people.

The authority, in a report

last summer, blamed a 3%

drop in gross sales between

2017 and 2018 on the con-

course’s outdated design and a

persistent homeless problem.

The MTA has said it plans

to renovate the concourse in

the coming years, and officials

have said the agency would in-

crease efforts to combat

homelessness.

MTA Police Chief Al Stie-

hler said his officers conduct

well-being checks on people,

but they don’t eject anyone as

long as they follow the termi-

nal’s rules. “These are people,

they are suffering, they need

help, they need assistance and

we will do everything we can

every day to provide them the

help that they need,” he said.

“We are very mindful to pro-

tect their rights.”

A Grand Central Terminal

restaurateur is refusing to pay

$260,000 in rent and fees to

New York’s Metropolitan

Transportation Authority be-

cause he says a growing

homeless population in the

landmark building is hurting

business.

The owner of Art Bird &

Whiskey Bar, Joe Germanotta,

said Thursday that he wants

the MTA to release him from

his lease, which expires in

2028, or to renegotiate his rent

and fees, which total about

$50,000 a month. “I want to

stay,” said Mr. Germanotta, who

opened in 2018. “I just can’t af-

ford to under these conditions.”

Earlier in the week, the MTA

sent a letter to Mr. Germanotta,

seeking payment of a $260,

debt. The letter, reviewed by

The Wall Street Journal, warned

that if the sum wasn’t paid

BYPAULBERGER

Restaurateur Withholds Rent Over

Grand Central Homeless Issue

A man opens a recycling container at Grand Central Terminal. Some businesses say the homeless situation is hurting their bottom line.

JOSE A. ALVARADO JR. FOR THE WALL STREET JOURNAL

GREATERNEWYORKWATCH

NEW YORK CITY

Court Throws Out

Property-Tax Suit

A New York state appeals

court on Wednesday dismissed

a lawsuit that alleges New York

City’s decades-old property-tax

system is unfair and favors

some homeowners over others.

The suit, filed in 2017 by Tax

Equity Now New York, or TENNY,

sought a complete overhaul of

the city’s property-tax system.

A panel of judges from the

Appellate Division’s First Judicial

Department ruled that while the

current system has “dramatic

disparities,” they couldn’t be

fixed with a lawsuit.

Earlier this month, New York

City officials released a property-

tax overhaul proposal with 10

recommendations for changes,

but it could take years for any

of the changes to happen. The

proposal was by a city commis-

sion, which said the current sys-

tem is opaque and inequitable.

New York City collects about

$27.7 billion each year from prop-

erty taxes on 1.4 million parcels

of land. The current system uses

a building category and other

variables to determine a bill.

TENNY said it would appeal

the court’s decision.

A spokesman for the city’s

Law Department said it was

pleased with the court’s ruling.

—Katie Honan

CONNECTICUT

Gag Order Remains

In Missing Mom Case

The Connecticut Supreme

Court has dismissed an appeal

of a gag order that a judge im-

posed in the case of Fotis Dulos,

who died after a suicide attempt

last month while accused of kill-

ing his estranged wife.

Mr. Dulos’s lawyer, Norman

Pattis, had appealed the order,

saying it violated Mr. Dulos’s

constitutional rights by prevent-

ing him from telling his side of

the story.

Mr. Dulos, of Farmington, had

pleaded not guilty to murder

and other crimes in the disap-

pearance of Jennifer Dulos, who

vanished in May after dropping

their five children off at school.

Justices didn’t provide de-

tailed reasons for dismissing the

appeal on Wednesday.

“The gag order remains a re-

pulsive stain on the state’s con-

stitutional terrain,” Mr. Pattis

said Thursday.

He has asked that the mur-

der case continue in an attempt

to exonerate Mr. Dulos.

Mr. Dulos’s former girlfriend,

Michelle Troconis, and his friend,

Kent Mawhinney, have pleaded

not guilty to murder conspiracy

charges. They are accused of

helping Mr. Dulos cover up the

killing.

—Associated Press

NEW YORK STATE

Panel Says Judge

Should Be Removed

A state oversight commission

has determined that a New York

judge should lose his job, saying

he made sexist remarks and

failed to report tens of thou-

sands of dollars on his tax re-

turns.

The New York State Commis-

sion on Judicial Conduct an-

nounced its decision Thursday

against Family Court Judge Rich-

ard Miller in Broome County.

Judge Miller’s lawyers say he

has appealed the decision to

New York’s highest court.

The commission found Judge

Miller didn’t disclose tens of

thousands of dollars in income on

his state and federal tax returns

over several years. The judge has

filed amended tax returns, ac-

cording to the commission.

The commission also found

that Judge Miller made demean-

ing remarks to a female court

clerk. According to the commis-

sion, in one instance, the judge

told the woman, who had been

widowed: “If I knew you could

also cook, I would have gone for

the widow.”

Attorneys for Judge Miller

said he is disappointed with the

commission’s decision and has

appealed his case to the state

Court of Appeals.

—Associated Press

REBEL YELL: Rocker Billy Idol is the face of New York City’s new anti-idling campaign, which launched

Thursday. ‘If you’re not driving, shut your damn engine off!’ he says in a public-service announcement.

ALI KATE CHERKIS FOR THE WALL STREET JOURNAL

GREATER NEW YORK

NY

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