LEGISLATIVE RESOLUTION declaring the State of New York a "TPP-Free Zone"
and urging Congress not to grant President Obama "fast-track" authority
over, or permission to sign, the Trans-Pacific Partnership free trade
agreement

WHEREAS, The Trans-Pacific Partnership (TPP) is a free trade agreement
currently being negotiated between the United States, Canada, Australia,
Chile, Mexico, Malaysia, Peru, Singapore, Vietnam, Brunei, New Zealand,
and Japan; and
WHEREAS, Together these nations contribute 40% of the world's Gross
Domestic Product, and one third of the world's trade; and
WHEREAS, The Office of the United States Trade Representative, through
the terms of TPP, is seeking to eliminate both tariff and non-tariff
"barriers to goods and services trade and investment" among the twelve
participating nations; and
WHEREAS, It has been reported that the agreement would include
provisions concerning financial regulations, environmental protection,
prescription drug pricing and food sanitation standards, the adoption of
which could negatively affect the public's health, safety and welfare,
and require a overhaul of America's domestic legal system; and
WHEREAS, The exact terms of this proposed agreement have not been
disclosed to the public, with most known details having been ascertained
through unapproved 'leaks' from stakeholders; and
WHEREAS, Article II, Section 2 of the United States Constitution
empowers the President of the United States "by and with the advice and
consent on the Senate, to make treaties, provided two thirds of Senators
present concur"; and
WHEREAS, While some members of Congress have been able to view certain
sections of the negotiation text from the TPP, they have been prohibited
from sharing what they saw with the public or with their staffers; and
WHEREAS, President Obama has pressed Congress to provide "trade
promotion authority", or "fast track" authority, which would allow
Congress only an up-or-down vote on the agreement once it has been nego-
tiated by the executive branch with the other nations; and
WHEREAS, If Congress were to grant President Obama "fast track"
authority, then discussions surrounding the TPP agreement could me made
with inadequate transparency and public review; and
WHEREAS, Congress would be unable to enact substantive changes to the
agreement if it only exercises its oversight powers after the negoti-
ations have been completed; and
WHEREAS, There are concerns that the TPP's investor-state dispute
settlement clauses, which were 'leaked' in 2012, could grant interna-
tional corporations the right to sue the federal government for damages
if environmental, worker protection, food safety, or other local, state
or federal regulatory safeguards do not guarantee their ability to
profit from their investments; and
WHEREAS, Over 500 employees of the same corporations maintain posi-
tions on U.S. Trade Representative advisory panels, which allows them to
act as advisors to the drafting of the TPP; and
WHEREAS, The corporate advisors' apparent conflict of interest could
ultimately result in a trade agreement that undermines the regulatory
and legal systems that keep everyday residents of New York State safe
and healthy; and
WHEREAS, As the negotiations currently stand, there are concerns that
the passage of the TPP would ban "Buy American" and "Buy Local" efforts
by U.S. industries, which could put goods and services created and based
in New York State at a competitive disadvantage; and

WHEREAS, Neither the National League of Cities nor the U.S. Conference
of Mayors has been included in TPP negotiations, making it difficult to
know whether New York State's quality of life or financial and legal
interests are being considered; and
WHEREAS, Some constituencies and public policy advocates, such as the
Economic Policy Institute, have expressed concern that over the last
twenty years, the domestic economy has been hurt and upwards of one
million American jobs have been lost as a result of agreements such as
TPP, in part, because partnering nations have cheaper labor workforces
and less rigorous environmental regulations, providing incentive for
American companies to outsource and offshore American jobs; and
WHEREAS, Several other American municipal governments, such as the
Berkeley, California City Council and the Dane County, Wisconsin Board
of Supervisors, have expressed their opposition to the TPP by declaring
themselves "TPP-Free Zones," in which the TPP's regulations will not be
respected, to the maximum extent allowable by federal and state law; and
WHEREAS, Resolutions from the City Council of Madison, Wisconsin and
the City Council of Los Angeles, California have also declared their
opposition to the TPP; and
WHEREAS, These local governments have recognized the harm that passage
of the TPP can create and as a result have shown commendable leadership
by opposing a treaty that would do a disservice to their citizens, as
well as to New Yorkers; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
declare the State of New York a "TPP-Free Zone" and urging Congress not
to grant President Obama "fast-track" authority over, or permission to
sign, the Trans-Pacific Partnership free trade agreement; and be it
further
RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to Congress.