The Technical Vetoes Keep No Fee Electric Vehicle Charging Stations In place And Works Toward A Comprehensive Solution To Flood Mitigation Funding Being Withheld By New York State
Kingston, NY – Ulster County Executive Mike Hein has vetoed two resolutions on technical grounds, Resolution No. 445 which calls for the use of county funds to supplant state hazard mitigation aid, and 446 which requires a fee for use of the county-owned electric vehicle charging stations. Both resolutions were passed by the Ulster County Legislature at its December 15, 2015 meeting.
In enacting Resolution No. 446 the Legislature relied on opinions, contrary to that of the County Attorney’s. The County Attorney has rendered two formal legal opinions that “no fee” charging stations are permissible as they provide economic benefits, promote tourism and businesses, and aid in the protection of the environment. Accordingly, since the “no fee” charging stations promote public purposes while providing only an incidental benefit at a minimal cost, each charge costs approximately 62¢, they are allowable.
In addition, the County Executive has worked with the Ulster County Regional Chamber of Commerce to design a compromise solution to this issue. The Ulster County Regional Chamber of Commerce, recognizing the economic benefits to businesses in the area, will partner with the County to provide $1,000 annually to offset the projected incidental cost of electricity per year.
“We have already seen the tourism benefits of offering “no fee” electric charging stations, as Ulster County is a natural stopping point for those coming from the New York metro area who need to recharge their vehicle,” said County Executive Mike Hein. “Once here, visitors shop in our stores and eat in our restaurants and boost our local economy. The Ulster County Regional Chamber of Commerce recognizes this and I want to thank them for their partnership ensuring these charging stations remain without fee and continue to help local businesses, residents and visitors alike. We must also continue to take important steps together to protect our environment while ensuring that Ulster County remains one of the most environmentally responsible counties in America.”
The County Executive also vetoed Resolution No. 445 on technical grounds as well. After Hurricane Irene caused devastation across the County, communities, including the Town of Denning, began to rebuild. The damages to infrastructure constituted a threat to public safety and emergency repairs were undertaken. The cost of repairs was staggering but federal aid would cover 75%, leaving the towns with the balance of 25%. Due to the widespread, far-reaching effects of Hurricane Irene County Executive Hein was a strong voice advocating for New York State to fund the town’s remaining portion. As the repairs were being made, and in some instances finished, the State agreed to the funding request, but attached conditions that included for example, requirements that a certain proportion of the contractors who performed the repair work be women and minority-owned businesses. The timing of the release of the funding prerequisites made it impossible for the Town to comply with them as they were made known well after the emergency hurricane repairs were made. As such, the Empire State Development Corp. (ESD) is withholding the funding. The County is however, continuing to work with ESD on behalf of the Town to have this requirement waived due to the emergency nature of the repairs and have the money released to the Town of Denning.
“This is a highly technical situation, with intricacies with which the Legislature may not have been fully apprised of, but at its foundation is the fact that this is an issue between the Town of Denning and New York State. The County taxpayers should not be placed in the middle by having the County government make what would constitute false representations in order to satisfy the requirements set forth by New York State,” said County Executive Mike Hein. “We have, and will continue to work closely with ESD to bring a conclusion to this matter in order to assist the Town of Denning. I appreciate the Legislature’s well-intentioned action, but this resolution would set a dangerous precedent for our taxpayers. In the event Ulster County uses County funds to cover the town’s cost and reimbursement is not received, this transfer would be in direct violation of the gifting clause of the New York State Constitution. I look forward to working with the Legislature as we continue to assist the Town of Denning in an appropriate manner, as well as all of our municipalities, for the betterment of the people of Ulster County.”
Link to report on the effect on tourism of free charging stations - http://www.nyserda.ny.gov/-/media/Files/Publications/Research/Transportation/Electric-Vehicle-Tourism-in-New-York-State.pdf
