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Community choice aggregation, a revolution in energy procurement, is making a splash throughout Long Island.

Starting in May, the Town of Brookhaven will launch a CCA program, contracting with Manhattan-based Good Energy LLC for a fixed rate for natural gas consumers over the next two years.

In an interview, Town of Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook) explained how the program would operate. Under the longstanding method of natural gas delivery in the town, National Grid — based in the U.K. and northeastern U.S. — purchases the supply and delivers the gas. CCA alters this dynamic.

“CCA is just a method of purchasing a commodity on a communitywide basis,” he said. Under the program, “all of the customers of National Grid in a certain area are getting together to say, ‘We’re going to jointly purchase fuel cooperatively from a different source.’”

That source, Good Energy, has agreed to supply gas at a fixed price of 69.5 cents per therm. “That locks in the price for all customers” for two years, the councilmember said. 

National Grid, which still operates the delivery systems, will continue to bill customers for those services. The only section of the bill affected by the changes will be for energy supply.

An August report from the U.S. Energy Information Administration states that the natural gas market saw record volatility last year due to demand changes, storms and geopolitical unrest. 

Given the many variables that contribute to fluctuations in gas prices, Kornreich suggested Brookhaven homeowners and businesses would be less beholden to the volatility of the market under CCA. “We’re going to pay just one price for the next two years,” he said. 

The town is also hedging that the market price of natural gas will rise over the next two years. If that happens, CCA will deliver discounted gas to Brookhaven ratepayers throughout the contracted period.

“The expectation that I have, as given to me by the corporate representatives with whom I met, is that there’s going to be a savings to the customers,” Kornreich said. “My hope is that this price is competitive over a two-year period.” 

He added, “Based on the models that they’ve shown me, this price will — over the long term — on average be lower than what they would have paid if they had just rode that market price.”

CCA: An energy revolution

‘A CCA can play a role in helping the residents to have more negotiation power.’ ­

— Gang He

Community choice aggregation first came about in the 1990s as a model of procuring energy whereby a municipality can pool the buying power of its residents to negotiate favorable energy contracts.

Gang He is an assistant professor in the Department of Technology and Society at Stony Brook University, whose research focuses on energy and climate policy. 

The assistant professor regarded the traditional relationship between energy consumers and suppliers as heavily skewed in favor of suppliers, referring to consumer protections under CCA as correcting the power imbalance.

“When utilities deal with residents, residents have no power,” Gang He said. “It’s a monopoly, and it’s heavily regulated by regulators. A CCA can play a role in helping the residents to have more negotiation power.”

Paul Fenn, founder and president of the Massachusetts-based CCA firm Local Power, drafted some of the original enabling legislation for CCA in Massachusetts, California and throughout the U.S. In an interview, he traced the history of CCA.

Fenn said vertically integrated investor-owned utilities have historically operated as monopolies and cartels, given their guaranteed rates of return by state regulators and energy market deregulation. CCA, he said, seeks to rectify this.

“The basic definition is that CCA is a model of energy supply that is neither a monopoly nor a cartel,” he said.

He likened the energy model to Costco. “The reason that large users achieve cheaper services is like going to Costco,” he said. “If you’re buying 200 rolls of toilet paper instead of 20, you pay a lower price.”

CCA applies this framework to the energy supply, giving the small consumer the perks of a bulk purchaser by pooling the buying power of entire communities. 

“It’s a way for small users … to gain the economic buying power enjoyed by the largest corporations,” he said, adding, “The aggregations are designed to deliver the benefits to the user and not to the supplier.”

Two factors, according to Fenn, have contributed to the rise of CCA nationwide. On the one hand, the economic model has been tailored and perfected to benefit individual users over large suppliers. On the other hand, renewable technologies have progressed to the point where they are now competitive with fossil fuels. 

Fenn characterized CCA as a revolution for capitalizing on the convergence of cheap renewable energy and consumer protections for utility power.

‘Community choice aggregation programs can be a great tool for getting community solar built, paid for and delivered to people.’ ­

— Anne Reynolds

Promoting renewables

Anne Reynolds is executive director of Alliance for Clean Energy New York, a group of private companies and nonprofits partnering to expand green energy opportunities throughout New York state. Reynolds indicated that CCA could be interpreted in two ways — as an economic model or as a way to promote green energy.

CCA “can be purely an economics choice,” she said. “You can think of it as a collective buying co-op,” but “most of the examples in New York state are when the community also wants to get a renewable energy product.”

Reynolds stated that CCA is not the main objective of ACE NY as CCA “hasn’t been the primary way that renewable energy products are getting built in New York, which is what we focus on,” she said.

Her organization instead emphasizes the construction of large-scale, grid-connected renewable energy projects through long-term contracts with the New York State Energy Research and Development Authority.

Under the Climate Leadership and Community Protection Act, the state must procure 70% of its energy from renewable sources by 2030 and 100% by 2050. When asked whether CCAs offer a pathway toward a greener future in New York, Reynolds responded that there must be a mix of large-scale and small-scale projects.

“To get there, we’re going to need an unprecedented construction of renewable energy projects — offshore wind, wind, solar, batteries,” she said. “To get that done, these projects need to have a guaranteed market for their power, what they refer to as offtake agreements.”

She added, “Having those offtake agreements with the State of New York is one way to do it. Having the offtake agreements with communities in New York is another.”

One way CCA can promote new development in renewables, Reynolds said, is through community distributed generation, often referred to as community solar. 

“Community choice aggregation programs can be a great tool for getting community solar built, paid for and delivered to people,” she said. “For the state to meet its goals, and for Long Island especially, it’s going to require a little bit of everything.”

The Southampton model

Brookhaven is not the only municipality in Suffolk County implementing CCA. In the neighboring Town of Southampton, local officials are exploring a different posture, with an energy plan geared toward electricity instead of natural gas.

Lynn Arthur is the energy chair of Southampton’s volunteer sustainability committee and the founder of the nonprofit Peak Power Long Island, a consultancy group that services municipalities and their constituents on renewable energy technologies.

Arthur said there are currently two CCA administrators operating on Long Island, Good Energy and Bedford Hills-based Joule Community Power, Southampton’s CCA administrator. She notes that the difference in administrators has placed the two municipalities on separate trajectories.

In Southampton, the Town Board is working toward obtaining electricity from 100% renewable energy sources by 2025. Arthur said that goal is coming into focus.

“It’s only natural that we would try to get a power supply contract for 100% renewables for electricity,” she said.

To meet this task, Arthur suggested CCA would play a pivotal role. She is now advocating for the Southampton Town Board to submit a request for proposal to supply electricity from 100% renewable sources.

Brookhaven vs. Southampton

Weighing Brookhaven’s CCA against Southampton’s, former New York State Assemblyman Steve Englebright (D-Setauket) suggested that Southampton has the upper hand.

“I think Southampton’s model is the better one,” he said. “Electricity is the future. We should be moving away from natural gas.”

But, he added, “to the extent that the Town of Brookhaven can get started with [CCA] is promising. I think the inevitable success of what Southampton is doing will compel their next-door neighbor, Brookhaven,” to follow suit.

Despite Brookhaven’s gas-exclusive CCA, Fenn did not say that gas aggregation was inherently brown and electricity aggregation green. Rather, he said promoting renewables through CCA is a matter of how a program is implemented.

He objected, however, to the limited scope of Brookhaven’s CCA initiative. “This program is defined narrowly as a discount-only program, and I think that’s not a particularly good idea,” he said. “It’s hard to argue against stabilizing people’s rates, but it won’t help the environment if that’s all they’re doing, and it may hurt it.”

Creating competition

‘I like the idea of moving away from monolithic energy sourcing.’ ­

— Steve Englebright

Fenn regarded municipalities as sometimes prone to short-term thinking. While gas aggregation is a step toward unshackling ratepayers from the market’s volatility, he said it is incomplete.

Instead, he advised Brookhaven leaders to explore fuel switching, that is, transitioning residents from natural gas to electricity. The heat pump, for example, constitutes one way in which a home’s heating can be fulfilled by electric power instead of gas.

“Apart from the climate crisis, which says stop burning this stuff, there are so many reasons” to transition off fossil fuels, Fenn said. By fuel switching, “you’re adding electrical load when you do that, but you’re deleting gas demand.”

By creating a separate program for electrical aggregation, Fenn said Brookhaven could correct course, providing gas customers with greener options for heating. 

Asked whether the Brookhaven Town Board could add a second CCA administrator for electricity, he responded affirmatively. “Just deliver both, and you can,” he said.

Arthur emphasized that municipalities can have separate CCA administrators for gas and electricity. She suggested Brookhaven add a second administrator for electricity to further competition.

“Fundamentally, if competition is good, and if you want everybody to go to electricity and get away from gas, then you should have [CCA administrators] compete with each other,” she said.

Local vs. centralized intervention

Fenn noted the decline of municipal power since the Civil War, which he said had rendered local governments impotent compared to their state and federal counterparts. He criticized the tendency of local officials to outsource services to third-party vendors.

“Part of the problem is the dependence on third parties cripples the governments by making them intellectually captive to those service providers,” he said. “We believe municipalities should have skin in the game and should use the power that they have.”

Fenn attributed the climate and garbage crises in the United States to the decline of municipal powers and the failures of centralized government. He encouraged local policymakers to embrace programs like CCA to counteract these downward movements.

“There has to be knowledge, responsibility and therefore control” vested in municipal government, he said. “CCA uses contractors to provide services, but they’re firmly under the control of the municipality.”

While CCA proposes a local solution to a global climate phenomenon, questions remain about the best forms of intervention. 

For Reynolds, tackling the climate crisis requires a centralized intervention from the higher levels of government, with local governments doing their part as well. “We absolutely need both,” the ACE NY executive director said. 

For the state to reach its aggressive emission mandates, “you’re going to need larger power projects, too, like offshore,” she said. “But it shouldn’t be an either or question.”

‘It’s so clear that this is such a great opportunity to move the needle on renewables and, at the same time, lower costs for their constituents.’ ­

— Lynn Arthur

A sustainable future

Gang He viewed the growth in renewable energy, evidenced by over $1 trillion in worldwide investment last year, as a turning point in energy history. 

“Renewables have gained momentum,” the SBU assistant professor said. “The challenge is how do we maintain the momentum to deliver the outcome that we desire?”

Arthur recommends CCA to local officials as a way to do so. “It’s so clear that this is such a great opportunity to move the needle on renewables and, at the same time, lower costs for their constituents,” she said.

Asked whether Brookhaven’s CCA could spur interest in a similar program for electricity, Kornreich expressed optimism that the town’s program would foster better energy stewardship.

“I hope that it does open people’s eyes to the possibility and to get people more comfortable with the concept of being a more conscious consumer of utility power,” he said. “Whether it’s gas or electric, people can understand they can choose and that their choices will have an impact on the environment.”

Though acknowledging some of the drawbacks to the Brookhaven program, Englebright expressed encouragement about moving away from the preexisting procurement structure.

“Great journeys are made a step at a time,” the former assemblyman said. “I like the idea of moving away from monolithic energy sourcing.” He added, “A more distributed power system is to our advantage, ultimately — more competitive, less monolithic and more responsive to the public.”

For more details on the Town of Brookhaven’s Community Choice Aggregation Program, visit the website brookhavencommunityenergy.com. 

According to the website, “Eligible customers will soon receive additional information in the mail regarding product features, including information about the renewable energy option.”

Correction: In the print version of this article published on March 9, the town’s community choice aggregation administrator, Good Energy LLC, was misidentified as a London-based firm. In fact, Good Energy is headquartered in Manhattan. We apologize for the error.

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Suffolk County District Attorney Ray Tierney. Photo from Tierney's office

Suffolk County District Attorney Raymond A. Tierney in partnership with the New York State Department of Labor and the New York State Insurance Fund announced on March 2 that his office was able to secure multiple agreements as well as convictions from numerous businesses in order to reimburse more than $750,000 in wages and contributions owed to workers and state agencies.

“Suffolk County residents who work hard to earn an honest living deserve to be compensated fairly for their hard work. Several of the businesses we held accountable have either shortchanged their employees’ wages, or found ways to circumvent the system and line their own pockets with money while emptying the pockets of the same people who contribute to their businesses’ success,” said District Attorney Tierney. “My office will continue to fight against the fraudulent and illegal practices of corporations when they fail to pay employees for their honest labor and will also strive to recover any funds unlawfully obtained by companies defrauding workers. I thank our Wage Theft Prevention Task Force partners for helping us get these workers what was owed to them.”

“Any employer who steals from their workers will be prosecuted to the fullest extent of the law in New York State,” said New York State Department of Labor Commissioner Roberta Reardon. “I thank Suffolk County District Attorney Tierney for being a steadfast ally in our fight against wage theft and for ensuring justice for the victims.”

This past year, the Suffolk County District Attorney’s office worked with their Wage Theft Prevention Task Force partners to return the proper wages owed to hard-working employees. Although the COVID-19 pandemic and the requisite shutdown severely curtailed the Suffolk County District Attorney’s Office’s capabilities to pursue long-term labor related crime operations, its investigative staff was nonetheless able to recover hundreds of thousands of dollars and effectuate numerous arrests. Many of the victimized employees finally saw justice when their cases were resolved in the past year. Some of those cases include:

 JERNAIL SINGH, 64, of Glen Head, owner and principal agent of MH ONE ENTERPRISE, INC., a gas station and convenience store in Brentwood – Between October 2015 to January 2019, the business underpaid 19 employees by compensating them below the statutory minimum wage rate and did not pay their employees overtime wages if they worked in excess of 40 hours a week. Singh routinely made false promises to the employees to pay them properly for the time they worked, and threatened them if they complained to the New York State Department of Labor about the underpayments and the poor working conditions. In addition, Singh bullied one employee by threatening to contact immigration authorities and falsely report him to the police for a crime the employee did not commit. In another instance, after an employee complained to the New York State Department of Labor about his working conditions, Singh retaliated by contacting the employee’s subsequent employers in an attempt to get that employee terminated. Singh was arrested on December 15, 2020. On July 6, 2022, he pleaded guilty to Scheme to Defraud in the Second Degree, a Class A misdemeanor and Prohibited Retaliation, a Class B misdemeanor. As part of his plea agreement, Singh paid nearly $240,000 in restitution to cover the amount he owed to his employees and the New York State Department of Labor. He was sentenced to three years of probationary supervision.

 TRI-STATE CONSTRUCTION OF NEW YORK CORP. of Flushing – Between June 2018 and August 2018, while the company worked on a capital improvement project for the Huntington Union Free School District, it willfully failed to pay its employees the mandated prevailing wages and overtime wages for hours worked in excess of 40 hours per week. The corporation was charged in August 2020 and pleaded guilty on March 28, 2022 to Willful Failure to Pay the Prevailing Wage and Supplements, a Class E felony.  As part of the plea, the company paid back $121,530 in restitution to 14 employees who labored on the school district project.

 ALPHA CARTING & CONTRACTING SERVICES INC. of Bay Shore – Between June 2016 and May 2018, the corporation systematically underpaid four employees by reducing their wages below the statutory prevailing wage rate while they collected solid waste in the Village of Lake Grove. The corporation was charged on May 11, 2021, and pleaded guilty on August 30, 2022 to Scheme to Defraud in the Second Degree, a Class A misdemeanor. As part of the plea, they paid $96,732 to the affected employees and the New York State Department of Labor.

 GOLDSTAR INSTALLATION SERVICES, INC. aka THE FLOOR WORX OF NY, INC. of Selden – From July 2016 to July 2019, while working on public works projects throughout Suffolk County, the company misclassified 12 employees in order to avoid paying them the statutorily mandated prevailing wage rate for public works contracts. On February 27, 2020, Paul Gilistro, 59, the principal agent of the corporation and the corporation itself were charged with criminal complaints. Both the corporation and Gilistro pleaded guilty on April 7, 2022 to Scheme to Defraud in the Second Degree, a Class A misdemeanor. As part of their plea agreement, the defendants paid $40,000 upfront in restitution to the victims and an additional $40,000 to be paid through probation.

 WOODSTOCK CONSTRUCTION GROUP LTD. of Bayville – From November 2016 to May 2017, the company misclassified 19 employees and systematically failed to pay them the statutory prevailing wage rate and overtime wages for the hours worked in excess of 40 hours a week while working on the public works projects. Those projects were the Gilgo Beach Marina Dock Reconstruction Project in the Town of Babylon, the Bayport Beach Breakwater and Reconstruction Project in Town of Islip. On February 27, 2020, the corporation was charged, and on July 13, 2022 pleaded guilty on to Scheme to Defraud in the Second Degree, a Class A misdemeanor, conditioned on the corporation paying back $66,776 to its employees for the underpayment of their wages.

 BOB 1232 JERICHO CORP. aka DHCW Inc., of Huntington, operated DIX HILLS BRUSHLESS CAR WASH – Between 2014 to 2017, the business failed to pay its employees the statutory minimum and overtime wage rates for hours worked. This business additionally submitted a fraudulent New York State Department of Labor NYS-45 form containing false information in order to avoid paying unemployment contributions. After facing criminal charges, the corporation pleaded guilty on March 23, 2022 to Offering a False Instrument for Filing in the Second Degree, a Class A misdemeanor, and was required to recompense $120,000 in restitution to their 11 employees and reimburse the New York State Unemployment Insurance Fund its required contributions.

 APJ RESTORATION, INC. of St. James – Between August 2015 and August 2016, the corporation knowingly underreported their gross sales on documents submitted to the New York State Insurance Fund (NYSIF). On February 27, 2020, the corporation and its principal agent, Alan James, 71, were charged and both later pleaded guilty on April 29, 2022 to Falsifying a Business Record in the Second Degree, a Class A misdemeanor. James is due back in court for sentencing on March 27, 2023. The defendants agreed to pay $32,575.63 owed in workers’ compensation insurance premiums due to the NYSIF.

These matters were investigated by Suffolk County District Attorney Detective Investigators, the New York State Department of Labor, the New York State Insurance Fund and the Suffolk County Police Department.

### Criminal complaints and indictments are merely accusatory instruments. Defendants are presumed innocent until proven guilty. No one is above the law.

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Photo by Joseph Cali

The decades-long proposal to electrify the Port Jefferson Branch line of the Long Island Rail Road is nearing yet another derailment.

The Metropolitan Transportation Authority, public owner of LIRR, is expected to unveil its 2025-2044 20-Year Needs Assessment in October. Larry Penner, a transportation analyst and former director for Federal Transit Administration Region 2, considered that document pivotal for the project’s future advancement. 

“If the project is not included in that 20-year document, then none of us are going to be alive to see electrification,” he said, adding pessimistically that electrification “is not on the radar screen” of senior MTA or state-level officials.

Requests for comment submitted to the press offices of the MTA, Gov. Kathy Hochul (D) and U.S. Congressman Nick LaLota (R-NY1) went unanswered.

A cry unheard

‘It’s appalling that they’re using diesel in this day and age.’

— Bruce Miller

Generations of North Shore residents and community leaders have called upon the MTA to electrify the Port Jeff line to no avail.

Town of Brookhaven Supervisor Ed Romaine (R) has been among Long Island’s loudest and most prominent proponents of electrification in recent years. In an interview with TBR News Media last summer, he said public investment has shifted away from the Island.

“Our voice has not been raised,” he said. “There hasn’t been an investment in providing modern technology” to this region.

Village of Port Jefferson Mayor Margot Garant voiced similar frustrations. According to her, a fully electrified rail would boost local and regional economies, expediting travel to Manhattan and between North Shore communities, namely transit to and from nearby powerhouse Stony Brook University.

The project “would incentivize people being able to take the train not only into Stony Brook but into the city in a really timely manner,” she said.

From an environmental perspective, former Port Jeff Village trustee Bruce Miller decried the existing railway infrastructure as “ludicrous.”

“It’s appalling that they’re using diesel in this day and age,” he said, adding, “Everyone is making every effort for green energy in all fields except for the MTA and the Long Island Rail Road.”

Illustration by Kyle Horne: kylehorneart.com @kylehorneart
Illustration by Kyle Horne: kylehorneart.com @kylehorneart

State legislators join the cause

Local leaders are not alone in their disappointment over the long delay. State Sen. Anthony Palumbo (R-New Suffolk) condemned what he considered an imbalance between the state taxes Long Island spends and the infrastructure dollars it gets from Albany.

“Long Islanders already contribute greatly to the MTA and deserve better access to more reliable and dependable rail service,” he said in an email, referring to Port Jefferson Branch electrification as a “critical project.”

At the western end of the branch, state Assemblyman Keith Brown (R-Northport), whose district includes travelers from Huntington, Greenlawn and Northport stations, expressed dismay over the state’s billowing budget yet few returns for North Shore residents. 

He noted the apparent contradiction between Albany’s green energy priorities and the MTA’s continued use of diesel locomotives, which are due for replacement in the coming years.

Referencing the 2019 Climate Leadership and Community Protection Act, which targets an 85% reduction in statewide greenhouse gas emissions from 1990 levels by 2050, Brown regarded the continued dependence upon diesel technology as inconsistent with state law.

“They can’t really replace the existing fleet with diesel trains,” he said. “At the same time they’re calling to stop the use of gas in homes, the MTA and LIRR can’t be purchasing diesel locomotives.”

The Empire State Passenger Association is a transit advocacy group that aims for improvements in public transportation services throughout New York state. ESPA president Gary Prophet said the passenger association has endorsed Port Jefferson Branch electrification over the years, referring to the project as necessary and justifiable given the volume of commuters along the line.

“That is a heavily used branch of the Long Island Rail Road that should be electrified,” he said. “It probably should have been electrified in the past, but it just hasn’t happened for a variety of reasons.”

A history of inaction

The original concept of Port Jeff line electrification dates back over half a century. However, planning began in earnest in the early 1970s when electrification of the North Shore line extended up to Huntington.

Derek Stadler, associate professor and web services librarian at LaGuardia Community College in Long Island City, has closely followed historical developments along the Port Jeff Branch. 

He attributes the failures to electrify the line to a combination of resistance from property owners near the tracks, engineering challenges, financial setbacks and bad luck.

“In the ‘80s, they had money set aside to start working on it though they hadn’t secured the funds to complete it,” he said. “Then in 1985, the president of the MTA postponed that indefinitely.” Stadler contends this was the closest the project ever was to moving forward.

In the ‘90s, the MTA launched a fleet of dual-mode locomotives which are still in use today. Despite the good intentions, Stadler maintains that this fleet has not adequately substituted for electric service. Given the high costs to repair and replace outdated train cars, Stadler regarded this effort as a poor long-term investment. 

“They have spent more money on that new fleet and repairing them than if they would have done the electrification way back in the ‘80s,” he said.

Prioritization problem

‘If I’m the MTA, I’m electrifying the East End before I electrify the North Shore.’

— Richard Murdocco

The current cost estimate of Port Jeff Branch electrification is $3.6 billion, though that figure will almost certainly climb. To secure these dollars, however, the North Shore is competing against other project proposals across Long Island and New York state.

Throughout LIRR’s history as a public railroad company, North Shore riders have lost out consistently to their inland counterparts traveling along the Ronkonkoma line. Richard Murdocco, adjunct professor in the Department of Political Science at SBU, chronicled this pattern, saying the pursuit of Port Jeff Branch electrification continues running up against the hard realities of the MTA’s prioritization scheme.

“The question is: Is electrification really the priority on the North Shore, or should you electrify east of Ronkonkoma?” Murdocco said. Given the spur of recent growth in Yaphank and new developments in the Town of Riverhead, he added, “If I’m the MTA, I’m electrifying the East End before I electrify the North Shore.”

Further hampering investment into the Port Jeff Branch is the topography along its route. Given the large hills and frequent bends, the flatter main line may win the day for its comparably simple engineering logistics.

Murdocco said the MTA could either electrify the Port Jeff Branch, which “meanders along the hilly terrain, or you get a straight shot through the Pine Barrens, where there’s already talk of them doing it, where they’re welcoming it and where there are no neighbors to disrupt.”

‘Suffolk County does not have the political clout that it used to.’

— Larry Penner

Political and financial distress

Penner claims the political and financial currents are also working against North Shore residents. Suffolk County’s state representatives are increasingly in the legislative minority in Albany, leaving mere “crumbs on the table” for infrastructure improvements.

“Suffolk County does not have the political clout that it used to,” he said.

Even so, the MTA is encountering a systemwide economic crisis from the COVID-19 pandemic, with daily ridership hovering around 65% from pre-pandemic levels. Murdocco insists that many of the labor trends unleashed by COVID-19 will likely linger indefinitely.

“There’s no denying remote work is here to stay,” the SBU adjunct professor said, adding, “We don’t know how long the ramifications of the pandemic will last.”

Meanwhile, the MTA is facing even greater fiscal strife over looming labor negotiations. With recent inflation, Penner said the agency could lose potentially hundreds of millions from renegotiated union contracts.

“All of this plays into the bigger picture of MTA’s overall health,” Penner said, which he considered dismal based on state Comptroller Thomas DiNapoli’s (D) most recent analysis. “They’re barely staying afloat maintaining existing service, systems and repairs,” the former FTA official added.

Penner, Stadler and Murdocco expressed collective pessimism about Port Jefferson Branch electrification getting underway within the next decade. “As of right now, I do not see this project happening within 10 years because I do not see a fiscal way for anyone to pay for it, given the MTA’s current financial status,” Murdocco said.

Looking for answers

Given the hefty $3.6 billion price tag, Miller proposed exploring alternatives to electric service. He cited examples in Germany, where zero-emission hydrogen-powered train cars recently went online.

“Hydrogen technology is new but they’ve developed it, and it’s working in Germany,” the former village trustee said. “I don’t think they’re exploring enough options here.”

But implementing high-tech propulsion technologies may be out of reach for the MTA, which uses a late 19th-century fuel source to power the Port Jeff line. When asked about these potential innovations, Brown expressed skepticism.

“As far as hydrogen is concerned, that’s all it is right now — experimental,” the state assemblyman said. Rather, he favored pursuing electrification in a piecemeal, station-by-station fashion, dispersing infrastructure funds for the project over several annual budgets.

Penner implored community members to adopt a policy of maximum pressure upon their elected representatives. 

“I wouldn’t give a dime to any elected official unless, with your campaign contribution, there’s a little note in your check [that says] you have to promise me that electrification of Port Jefferson will be your number one transportation priority,” he said.

Stadler emphasized executive support, arguing that several system expansions during the administration of former Gov. Nelson Rockefeller (R) were made possible by the chief executive’s commitment to seeing them through.

“A lot of money has to be budgeted for it,” he said. “State leaders have to be involved in it, and pressure from the governor” can be a reliable instrument.

To make the electrification dream a reality, Garant said all levels of government should pool their energies around this cause. “It’s certainly going to be a long-term plan for the region,” she said. “You need partners on every level, from the federal and state levels to the town and county.”

Prophet said megaprojects, such as the $11 billion East Side Access extension into Grand Central Madison, have taken up much of the political and economic capital in New York state.

“I think there’s a lot of emphasis on large projects that make a big splash,” the passenger association president said. “Politicians need to spend a little more time on smaller projects that may not make a big splash but may help commuters and people looking to travel between cities.”

Setting the stakes, Penner returned to the 20-year capital needs assessment. He equated the North Shore’s present predicament to a baseball game.

“You’re in the ninth inning with two outs,” he said. “The last at-bat is the 2025-2044 20-year capital needs assessment.” He concluded by saying, “If this project is not included in that document, then the ball game is over.”

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METRO photo

By Nancy Burner, Esq.

Nancy Burner, Esq.

Each year, the Department of Health will release updated resource and income levels for the  Medicaid program. This year there has been a significant increase. Beginning January 1, 2023,  New York State will be increasing the asset limits for community and nursing home Medicaid and income limits for community Medicaid. 

For both community (home health aides) and chronic (nursing home) Medicaid, the available  asset limit for 2023 is being increased to $28,133 for an individual applicant (the former asset  limit for 2022 was $16,800) and $37,902 for a married couple (up from $24,600), allowing  Medicaid applicants to retain significantly more assets and still be eligible for Medicaid.  

The income limit for community Medicaid applicants is being increased from $934/month to  $1,563/month for individual applicants and for married couples the income limit is being  increased from $1,367/month to $2,106/month. There is an additional $20.00 disregard that  can be added to each allowance; therefore, the total of income allowance for an individual  applying for Medicaid can have $1,583/month and married couples can have $2,126.00. 

Under  this program, any excess income can be directed to a Pooled Income Trust for the benefit of  the Medicaid applicant and the monies deposited into the trust can be used to pay the  household expenses of the Medicaid applicant. In New York, all Pooled Income Trust are  managed by charitable organizations. It is important to use the monies in the Pooled Income Trust because when the applicant passes away, the balance goes to the charity.  

As for nursing home Medicaid applicants, the monthly income limit will continue to be $50, but the income limit for the non-institutionalized spouse is being increased to $3,715/month.  Additionally, federal guidelines permit community spouses to retain up to $148,620 in assets plus a primary residence with a maximum value of $1,033,000. 

Even if the community  souse has assets and income over the threshold, New York’s spousal refusal provisions provide even more protection in that a community spouse can elect to sign a document  which allows them to retain assets in any amount, including assets which were previously in the name of the spouse that requires care in a nursing facility. 

Individuals applying for Medicaid benefits after January 1, 2023, should apply based on the  asset and income limits discussed above. For those individuals who are already receiving  community Medicaid and are using a pooled trust for their excess monthly income, your  monthly budget/spend-down will remain the same until you recertify, at which time the  increased income limits will be applied. 

However, starting in January 2023 Medicaid  recipients may ask their local Medicaid office to re-budget their spend-down based on the  new income limits before their next renewal, enabling community Medicaid recipients to  keep more of their monthly income sooner. It is advisable to consult an elder law attorney  in your area to determine if a re-budget is appropriate in your case.  

While the asset allowance has been increased, keep in mind that the five-year look-back  period for nursing home Medicaid still applies, which means that any transfer of assets made  within this period for below market value will incur a penalty period and Medicaid coverage  will commence only after the penalty period has elapsed. Typically, there is always  Medicaid planning that can be accomplished even if the individual immediately needs  Medicaid coverage and has done no pre-planning. 

*Please note, the income and assets are based on the 2022 Poverty Level. This is subject to  change based on the 2023 Poverty Level. 

Nancy Burner, Esq. is the founder and managing partner at Burner Law Group, P.C with offices located in East Setauket, Westhampton Beach, New York City and East Hampton.

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Graphic from CSD website

The New York State Education Department is cracking down on Native American mascots in schools, and Comsewogue School District is now in its sights.

In a Nov. 17 letter sent out to districts across the state, NYSED senior deputy commissioner James Baldwin alerted school administrators that using Native American mascots, team names or imagery is prohibited “without current approval from a recognized tribe.” 

Districts failing to meet these standards, Baldwin wrote, “may be in willful violation of the Dignity [for All Students] Act.” The penalty for violators could “include the removal of school officers and the withdrawal of state aid.”

Facing the threat of losing state aid, CSD officials will have to work against the clock. NYSED is placing a deadline on school districts, ordering them to retire these mascots before the end of the 2022-23 school year.

The Education Department is developing new regulations to clarify its policy, with a release date anticipated sometime in April. Until then, New York school districts remain in limbo.

Jennifer Quinn, superintendent of schools at Comsewogue School District, said the district would not make any policy determinations until NYSED releases its detailed guidelines. 

“There are so many question marks,” she said. “Until we see the actual regulations, we’re kind of playing a guessing game.”

While school districts statewide undergo significant changes in the coming months, certain characteristics may set Comsewogue apart from the pack.

Emblazoned at the center of the high school’s turf field is a district logo containing Native American imagery. Photo from Google Maps

Historical background

Before Europeans had ever stepped foot on Long Island, from present day St. James to Wading River and as far south as Gordon Heights, the Setalcott Nation once inhabited the lands. Within that territory lies Port Jefferson Station/Terryville, an area known to the Setalcotts as Comsewogue, meaning “place where paths come together.” 

The Terryville-Comsewogue School District was formed in 1874, and the senior high school opened nearly a century later in 1971. The school district has prominently showcased its precolonial heritage along with its name. 

One district emblem contains the initials “CSD” with a feather draped over its side. Another logo displays a visually striking profile depicting a Setalcott. This logo is etched ubiquitously throughout the district’s website, school walls and at the center of the high school’s turf athletic field. Sports teams are called “the Warriors.”

Setalcott reaction

Helen Sells is president of the Setalcott Native American Council. In an interview, she said she is personally not offended by the use of Setalcott images and references in Comsewogue schools. Sells referred to the term “warrior” as a distinction among her ancestors. 

“It was an honor for our men, and some of the women, to serve for our country and for the freedoms of all,” she said. “The men were considered warriors because they had to go out and hunt for food and hold the community together.”

Asked whether Comsewogue School District should continue using Setalcott mascots, team names and imagery, Sells responded affirmatively. “To me, it’s important as a family to try to keep that history going,” she said.

Whether this response constitutes “current approval from a recognized tribe” is still to be determined. NYSED declined to comment for this story.

Debating mascots, logos and team names

‘The state takes the approach that one size fits all. They’re not looking into every local district.’ ­

— Ed Flood

New York State Assemblyman Ed Flood (R-Port Jefferson), whose 4th Assembly District encompasses CSD, said the state has more pressing educational concerns than deciding mascots and team names.

“There’s so much wrong in education right now,” he said. “I think our kids — I see it in my own children being out of the classroom for so long — are kind of behind,” adding, “We have bigger problems to fix.”

A Comsewogue alum, Flood held that the logos and team name were not intended to deride Native Americans. “It’s not used in any way to be offensive,” he said. “Comsewogue is a pretty diverse district with people of all races and ethnicities. We were all proud to put on that jersey, and we understood what it represented.”

Flood’s predecessor in the state Assembly, Steve Englebright (D-Setauket), offered that ethical dilemmas often require moderation and restraint by decision-makers. He cited the example of the U.S. Army renaming bases that had honored former Confederates.

“I believe the model for what should be done is probably the way that the U.S. Army has approached the question of renaming military bases,” Englebright said. “The approach was to set up — two, I believe — study commissions and to give thoughtful consideration if there is a controversy.” He added, “I’m not sure there is a controversy here.”

State aid conundrum

Debates surrounding state contributions to public education have been ongoing for over a century and a half, said Campbell Scribner, assistant professor of education at the University of Maryland College of Education in College Park. 

In an interview, he traced the historical trends of public education in the United States, highlighting the complexities surrounding state aid.

“One of the ambiguities or tensions in American education is that, constitutionally, there has never been a federal right to education, but there is a state right,” he said. “Since at least the Civil War, all state constitutions make provisions for public education.” 

However, until the early to mid-20th century, state funding lagged behind local contributions. “Although states have a constitutional obligation to provide education, they didn’t fund it very well,” Scribner said.

Without organized state bureaucracies or state income tax, school districts generated revenue primarily through local property taxes. This model offered considerable local autonomy in setting curricula and other districtwide standards.

‘States have taken a much more robust posture. They’ve taken more interest in what’s happening locally.’ ­

— Campbell Scribner

Invoking social reforms

The dynamic between states and school boards changed as state aid began to comprise a heftier chunk of school districts’ overall budgets. With the injection of state funds, Scribner suggests power has shifted away from local school officials and into the hands of state bureaucrats. 

“States have taken a much more robust posture,” Scribner said, adding, “They’ve taken more interest in what’s happening locally.”

With more say over budgeting, states have found leverage in setting curricula and social standards within school districts. Moreover, the threat of revoking state aid can be an effective instrument.

Despite the state’s newfound power, this approach has limits: “The state certainly does not want to come across as coercive,” Scribner said. “I don’t think it’s going to help state legislators to look like they’re bullying local school boards or denying children education.”

“But on the other hand,” he added, “I don’t think, legally, the school boards have the sort of rights they might assume they do or the same prerogative against the states.”

Native American imagery

‘There’s a long history of European settlers appropriating Native American imagery.’ ­

— Andrew Newman

Within the scope of national and statewide politics, CSD is caught in a much broader web over the role of Native American imagery.

Andrew Newman is a professor and chair in the English Department at Stony Brook University whose research focuses on the intersection of early American, indigenous and media studies. 

Newman shared that Native American imagery within popular culture is a centuries-old practice dating back to the 18th century.

“There’s a long history of European settlers appropriating Native American imagery,” he said. “There was an idea of Native Americans as being sort of tied to the land, athletic, representing this kind of uncivilized masculinity that was very attractive to the mainstream white culture.”

He added, “This phenomenon was referred to by the scholar Philip Deloria, in a book [of the same title] from 1998, as ‘Playing Indian.’”

Newman maintained that these portrayals often negatively affect self-perceptions within Native American communities, adding that such caricatures can minimize historical injustices.

The movement away from Native American mascots and team names has gradually developed within public education and professional sports. After years of resistance, the former Washington Redskins football and Cleveland Indians baseball franchises have finally changed their team names to more neutral identifiers, respectively the Commanders and Guardians.

Newman said mascots, team names and imagery can be hard to do away with because of the strong emotional ties these symbols can produce. This effect is especially prevalent within schools. 

“The students and families and communities that are associated with these schools are kind of attached to the school’s traditions,” the SBU professor said. “They’re hard to give up.”

Veneration vs. denigration

The debate over the use of Native American mascots surrounds two main arguments, according to Newman. On the one hand, proponents say these images glorify indigenous heritage and tradition. On the other, detractors view them as derogatory and offensive to Native Americans. 

Reflecting upon the function of public education, Newman noted the apparent contradiction between the mission to educate about local history while potentially alienating a segment of the local population.

“Especially in educational institutions, where presumably part of the mission is to educate the students about the local history, I don’t think that educational mission is compatible with the use of a Native American-themed mascot,” the SBU professor said.

‘When we do make our plan, we are very mindful of including every stakeholder.’ ­

— Jennifer Quinn

An opportunity for dialogue

Assessing NYSED’s approach, Flood suggested Albany is applying a blanket policy to a multifaceted issue. He contended the state government is neither informed of Comsewogue’s historical circumstances nor sensitive to the variations between tribes across Long Island.

“The state takes the approach that one size fits all,” the assemblyman said. “They’re not looking into every local district.”

While pressure comes down from Albany, Scribner said schools are uniquely suited to answer these moral questions through their abundant channels for local input.

“School politics remain one of the strongest and most accessible democratic spaces we have in this country,” the UM professor said. “They are, of course, hemmed in certain ways by state regulations. But again, I still think that if local voters really want something, they do have levers to pull.”

Quinn affirmed CSD’s commitment to working as a community through this sensitive local matter. “Nobody wants to do anything to make a child feel uncomfortable,” she said. “Ultimately, we have to see what [NYSED is] going to tell us we have to do, and then we can make a plan.”

The district superintendent concluded, “When we do make our plan, we are very mindful of including every stakeholder. Our community is going to be very involved.”

Englebright noted that CSD likely did not intend to disparage Native Americans when it created its logo and team name. 

Nonetheless, the former assemblyman reiterated that study commissions and community forums could be fruitful in working out competing ethical considerations. 

“History is complicated,” Englebright said. “That’s why I think this deserves some introspection.”

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Photo from Pixabay

The New York State Department of Labor (NYSDOL) announced on Jan. 18 that it was awarded a $9.1 million grant from the U.S Department of Labor (USDOL) to promote equitable access to New York’s Unemployment Insurance (UI) program. The equity grant, part of the American Rescue Plan Act, will fund projects designed to break down barriers to UI services. Potential barriers to be addressed specifically include those related to race, ethnicity, language proficiency, literacy, disability status, socioeconomic status, geographic location, or other systemic barriers. The funding will help NYSDOL continue its ongoing effort to make sure all New Yorkers, especially those in underserved communities, are able to tap into critical support and have access to UI benefits.

“I thank the Biden Administration for providing this equity grant to help us ensure that every New Yorker is able to access the services they need during tough economic times,” said New York State Department of Labor Commissioner Roberta Reardon. “This grant will provide critical funding to advance our ongoing efforts to modernize our Unemployment Insurance system and enhance the customer experience to ensure we break down potential barriers to benefits.”

NYSDOL will use the funding to build on its ongoing equity and accessibility projects to make it easier for New Yorkers to discover, learn about, and access UI services. NYSDOL will also review application instructions and simplify language to reduce confusion and prevent improper payments. There will also be a focus on improving access for those who are hearing and visually impaired. NYSDOL continuously strives to be inclusive and accessible for all New Yorkers.

This grant was administered by USDOL’s  Employment and Training Administration and corresponds with USDOL’s August 2021 announcement of the availability of up to $260 million in grants for states to promote equitable access to unemployment insurance benefits. To date, USDOL has announced $166 million in funds awarded to 32 states and the District of Columbia.

For more information, visit USDOL’s Employment and Training Administration webpage.

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Photo courtesy Rob DeStefano
By Rob DeStefano

On Nov. 17, and subsequent to a judicial ruling against a New York public school district, the New York State Education Department sent a memo communicating a “need to ensure that district mascots, team names and logos are nondiscriminatory.” This memo closed with an unfortunate edict: “Should a district fail to affirmatively commit to replacing its Native American team name, logo and/or imagery by the end of the 2022-23 school year, it may be in willful violation of the Dignity Act. The penalties for such a violation include the removal of school officers and the withholding of state aid.” 

In response, I contacted NYS Commissioner of Education Betty Rosa and introduced several preliminary questions and recommendations, including the imperative that time be afforded to make this a teachable moment — both a cultural and business education opportunity. The commissioner agreed with the academic opportunity. She recognized more information for affected school districts was needed, and these details are expected soon.

Throughout our conversation, Commissioner Rosa’s responses to my questions continued to incorporate the term “reasonable.” The dialogue yielded some insights and elevated some concerns that have been topics among our community members during these intervening weeks:

By the end of this school year (June 2023), affected districts shall provide an attestation that they intend to comply with changes to ensure nondiscriminatory logos/mascots/names, etc.

Logo development and implementation will be done in a reasonable time frame. Subsequent to our conversation, NYSED has indicated implementation by the end of the 2024-25 school year.

Logos on gymnasium floors and turf fields were greeted with a “reasonable” replacement. I interpret this to mean the turf field logo would be replaced when the turf is next due for wear replacement, as anything that accelerated financial burden on the district or our residents, I view as “unreasonable.” However, my interpretation awaits confirmation in the forthcoming details from NYSED.

Existing logos/names in question could be maintained if there is an existing agreement with local tribes to preserve these artifacts. As recently as 2020, local Native American leaders have not favored our logo. Further discussion should always be an option.

It was not explicitly affirmed whether our district naming was at risk. However, “Comsewogue” is a vocabulary word — not a direct name of a Native American person or peoples — and “Warriors” is a generic term originating from Anglo-French and used ubiquitously across cultures. These origins suggest reasonable, nondiscriminatory terms.

Going at least as far back as my elementary experience, Comsewogue School District has taught the history of our community, including the Setalcott Native Americans and the translation of the local Native American term “Comsewogue” — or its historic spelling “Cumsewogue” — as “an intersection of many paths,” or “where many paths meet.” Perhaps the exploration of this history could be expanded through our problem-based learning curriculum. It might include an opportunity to meet present-day local Native American leaders willing to share their insights on topics of interest, but I will yield to our educators on best practice implementation.

From a business education perspective, I advised the state commissioner that business logos take more than six months to change — let alone a logo with strong emotional ties. It would require time to engage and collaborate with community stakeholders, then a period of research to determine the design of a new logo. Again, our problem-based curriculum offers an opportunity here: To learn the process of brand building and brand value, and the opportunity to perform the research to understand the emotions beneath the surface of Warrior Pride. Here again, I will yield to our educators for the creation of compelling learning experiences.

As clarification is received from the state, the school district will keep all stakeholders informed. However, it is always helpful to be prepared. Today’s Comsewogue students are the stewards of the Comsewogue Warrior, its appearance and the values associated with growing up in our community. I could not imagine a change of the current logo that isn’t led by them, built on perspectives from and backed by all our supporting stakeholders. 

Our students are the standard-bearers of today’s Warrior in human and artistic representation. And as envisaged by our students, Comsewogue’s logo will be an intersection of ideals and imagery.

Rob DeStefano serves as trustee for the Comsewogue School District Board of Education. The writer’s opinions do not necessarily reflect those of the Comsewogue School District or its Board of Education.

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At podium, Senate Majority Leader Chuck Schumer (D-NY) announces $450,000 in federal funds to rid the Lawrence Aviation Superfund site of its remaining buildings. Photo by Raymond Janis

Public officials of all levels of government, business and civic leaders, and community members gathered Monday, Jan. 9, before a derelict building at the Lawrence Aviation Superfund site in Port Jefferson Station.

Once a dumping ground for toxic waste, policymakers are now plotting a course of action for this 126-acre property. After taking decades to rid the site of harmful contaminants, officials and community groups are working toward an ambitious proposal to convert the site into a multipurpose community hub, accommodating a solar farm, a railyard and open space for local residents.

U.S. Senate Majority Leader Chuck Schumer (D-NY) called the press conference to announce the injection of $450,000 in federal funds secured through the recent omnibus budget. This money will be used to help demolish the remaining buildings at the property. 

“We’re here today to showcase one of the final puzzle pieces needed to demo 14 dangerous buildings here,” Schumer said. “I am here today to say that the train that is on this journey is ready to leave the station.” 

The Senate majority leader added that these funds would advance three community goals. “One, a railroad-use project to help the LIRR with logistics; industrial redevelopment of a 5-megawatt solar farm,” and lastly, add 50 construction jobs to the local economy.

At podium, Suffolk County Executive Steve Bellone (D). Photo by Raymond Janis

Suffolk County Executive Steve Bellone (D) described the considerable intergovernmental coordination and logistical obstacles to get to this stage.

“This project, as reflected by all of the people that have come together and all the levels of government, is critically important to the community,” he said.

Town of Brookhaven Supervisor Ed Romaine (R) discussed the long and arduous road to revitalizing the site and the decades that have passed as this community blight lay barren. 

“These buildings have been condemned for over 25 years,” he said. “This has been a Superfund site for almost 25 years. Finally, we will see these buildings come down.”

Former New York State Assemblyman Steve Englebright (D-Setauket) also attended the press event. During his time in Albany, he championed the site’s conversion for environmental and community purposes.

“We have a plan that will enhance our community and create new jobs,” he said. “This property stood out as a place in peril of a potentially bad decision,” adding, “Instead, we have a very thoughtful plan.”

Englebright, a geologist by trade, also touched upon the environmental impacts that redevelopment will offer through these plans. He said local harbors, groundwater and surface waters would benefit as this dark episode in local history concludes.

At podium, Town of Brookhaven Supervisor Ed Romaine (R). Photo by Raymond Janis

“The harbor, which is the beginning of our town, has been poisoned by the solvents that were poured into the ground here,” the former assemblyman said. “That is a thing of the past because of the federal involvement with the Superfund cleanup.”

He added, “All the levels of government are working together here, which is a beautiful thing. It’s a model for what government should be able to do all the time.”

Jen Dzvonar, president of the Port Jefferson Station/Terryville Chamber of Commerce, also offered her perspective. She said public improvements such as these indirectly support and promote local businesses.

“Any improvement in Port Jefferson Station is major,” she said. “By getting the blight away from the area, we will increase businesses. A solar farm is coming. They’re creating 50 construction jobs. It just heightens Port Jefferson Station and the desire to come here.”

Representing the Village of Port Jefferson were Mayor Margot Garant and Deputy Mayor Kathianne Snaden. Both stressed the importance of this undertaking, conveying their support for neighboring Port Jefferson Station in its community aspirations.

Garant viewed the plans as an opportunity to improve the Port Jefferson Branch line of the Long Island Rail Road. “We’re really in support of this because of the MTA portion of it,” she said. “To clean up this site, to put it back to public use, to not have the county paying taxes on it, is good for everybody.”

For Snaden, the project will bolster the village’s neighbors, representing a vital regional investment. “I think it’s great,” she said. “It’s a cleanup of the site. It’s knocking down these falling buildings, adding to the betterment of the entire community and the region at large.”

Schumer said the next step would be to ensure that the U.S. Department of Housing and Urban Development expedites these funds, ensuring the prompt demolition of the buildings and swift redevelopment of the site.



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New York State Assemblyman Steve Englebright (D-Setauket) has held elective office continuously since 1983. Englebright’s long tenure now comes to a close. 

In a tight state election for District 4 last month, Englebright narrowly lost to his Republican Party challenger Ed Flood (R-Port Jefferson). In an exit interview, the outgoing assemblyman reflected upon his pathway into government, the legislative victories throughout that time and the meaning of public service.

The road to politics

Growing up, the young Englebright spent much of his time in libraries. He found refuge in books, which satiated his curiosity and “compelling interest in how things worked.” He also nourished a lifelong fascination with history through those hours devoted to learning.

Leading up to his first run for office, Englebright said he was deeply disturbed by the environmental degradation characteristic of those times. The “almost daily reports” of overdevelopment and sprawl, oil spills and drinking water contamination, each had left a deep and abiding impression on him.

‘The proper role of government is to protect the people who sent you.’ — Steve Englebright

He was teaching geology at Stony Brook University when he began considering public life. “I realized that drinking water was the first limiting factor for the continued well-being of this Island, and I was not really seeing any meaningful public policy growing out of the reports of chaos,” he said.

The late professor Hugh Cleland, from the SBU Department of History, would prove to be the catalyst behind Englebright’s ascent to politics. Cleland sat down with him at the campus student union. For several hours, the two discussed a possible bid for a Suffolk County legislative seat.

“This was a really serious and credible and well thought-out request that he was making,” Englebright said. “So I didn’t just wave it off. I gave it some thought and, sure enough, I found myself saying, ‘What’s next?’” 

After that meeting, Englebright decided to run and was elected to the county Legislature in 1983. He won election after election for the next four decades.

County Legislature

Upon entering the county Legislature, Englebright simultaneously confronted an array of environmental dilemmas. He described the defunct Long Island Lighting Company, the precursor to today’s Long Island Power Authority, as “at that time wanting to build a small galaxy of nuclear power plants on Long Island.” He stressed that the utility company was favoring its shareholder interests at the residents’ expense. 

Englebright successfully championed, along with a grassroots movement of LILCO ratepayers, against the construction of the Shoreham Nuclear Power Plant and other nuclear plants to follow. Their resistance efforts were grounded primarily in the risks associated with evacuation.

Another major policy issue during his early political career was the protection of groundwater and surface waters in Suffolk County. “I pushed successfully for the largest county-level open space program in the nation,” he said. He was one of the earliest critics against sprawl. 

As a county legislator, he initiated the first plastics ban in the nation. Though ahead of his time on the issue, he admitted that not enough has been done elsewhere to counteract the problem, which he said “has exploded into a worldwide catastrophe.”

He sponsored legislation excising a small fee on hotel and motel rooms, considering the measure as a fee on tourists allowing for their continued enjoyment of the area through reinvestment into the county’s most attractive destinations.

“If you wonder why county Legislator [Kara] Hahn [D-Setauket] is able to have some discretion to provide funding to Gallery North or the Reboli Center, that funding is coming from the hotel/motel room fee,” he said.

State Assembly

New York State Assemblyman Steve Englebright (D-Setauket). Photo from North Island Photography and Films

As a state assemblyman, Englebright quickly picked up where he left off, building upon and expanding his county policies at the state level. Among his earliest actions was the Long Island Pine Barrens Protection Act, a state law ensuring the preservation of the Pine Barrens as open space.

He sponsored some of the original laws in New York state related to solar power and other renewables. “In my first year in the state Legislature, I was successfully pushing for legislation that had paved the way for the electronic age,” he said.

Englebright added that the Climate Leadership and Community Protection Act was the most crucial legislation he ever sponsored. This ambitious law aims to reduce statewide greenhouse gas emissions by 85% from 1990 levels by 2050.

Englebright also successfully led a statewide ban on purse seining, a highly efficient fishing technique responsible for the depletion of menhaden, or bunker, in New York’s surrounding waters.

“The marine world all depends on having this abundant fish at the base of the food chain,” the assemblyman said. Purse seining allowed large-scale fishing operations to collect “whole schools of menhaden, millions and millions of fish.”

One of the fondest moments throughout his tenure happened just last summer. On a boat trip off the coast of Montauk Point during early morning hours, the sun rising off the horizon line, he witnessed entire schools of menhaden beneath the water.

“The sea was boiling with fish,” he said. “Menhaden, they were back by the billions.”

Reminiscent of his earliest years in libraries, historic preservation would be a significant point of emphasis for Englebright. “I’m very proud of the many properties that are preserved, the historic sites.” Such sites either preserved or to be preserved include Patriots Rock and Roe Tavern in Setauket and William Tooker House in Port Jefferson, among many others.

Even in his final days in office, Englebright made historic breakthroughs. Though his reelection bid was unsuccessful, Englebright rejoiced in yet another major victory for environmental sustainability. Last month, New Yorkers overwhelmingly approved a recent $4.2 billion environmental bond act, a multiyear investment in clean water, air, wildlife and the environment.

Reflections from his community

During his extended time in political service, Englebright has worked alongside countless public representatives at all levels of government. He maintained “they’re not all scoundrels,” adding that many were “superb public servants.”

In a series of written statements and phone interviews, several public representatives and close Englebright associates and friends had an opportunity to weigh in on his legacy of service and commitment to his community. 

Englebright “proved himself to be an environmental pioneer, a champion for the causes and concerns of his constituents and an unflinching fighter for the communities he served,” Hahn said. “For those of us who served in elected office with him during his tenure, irrespective of political persuasion or level of government, Steve proved himself to be a friend and mentor who embodied the role of effective leadership in the lives of those we represent.”

 As recently as Dec. 6, the Three Village Community Trust honored the assemblyman by renaming the Greenway trail as The Steve Englebright Setauket to Port Jefferson Station Greenway.

Port Jefferson Mayor Margot Garant commented on the characteristics that set Englebright apart from other politicians. She said his scientific background and wide-ranging interests added depth to his political persona.

 “He’s a unique legislator in that he’s so well rounded in those other areas and that he’s not just focused on the hard line of the law,” she said. “He’s involved with his community, he’s approachable, he’s caring, he’s kind. He’s a very unique representative, and we’re going to miss him sorely.”

 Like Englebright, Port Jefferson village trustee Rebecca Kassay worked in environmental advocacy before entering government. She discussed Englebright’s ongoing extended producer responsibility legislation, which would require producers of packaging materials, rather than taxpayers, to be responsible for managing post-consumer packaging material waste.

 “This can be a step toward addressing a multitude of waste management, environmental and financial issues facing municipalities and individuals,” Kassay said. “I hope to see the assemblyman’s colleagues and successor continue advocating for policies with long-term solutions,” adding, “Englebright is the type of commonsense representative we’d like to see more of in government.”

 In a joint statement, George Hoffman and Laurie Vetere of the Setauket Harbor Task Force reflected upon Englebright’s importance to local harbors.

 “In his time as our state representative, Steve Englebright never forgot the importance of the harbor,” they said. “Assemblyman Englebright found ways to secure needed dollars from Albany to help the task force in its mission of protecting water quality and the sustainability of Setauket and Port Jefferson harbors.” 

Joan Nickeson, community liaison of the Port Jefferson Station/Terryville Chamber of Commerce, credited Englebright for the continued flourishment of her area. She said the hotel/motel tax he sponsored had enabled the chamber to conduct its annual summer concert series at the Train Car Park.

 “Assemblyman Englebright has continued to be a friend of the chamber by supporting our local businesses and attending our ribbon-cutting ceremonies,” she said.

 Within those 40 years, countless other acts and initiatives have come to fruition with Englebright’s assistance. Reflecting on his time in public service, he outlined his political doctrine.

 “The proper role of government is to protect the people who sent you,” he said. “If you keep your eye on the prize, you can achieve things for the people who invested their trust in you.” 

 On the role of the public representative, he added, “Use the office as a bully pulpit, speak truth to power, identify things that are wrong and right them, and treat the office as an opportunity to do good.”

 For wielding his office as a force of good for four decades, TBR News Media dedicates Steve Englebright as honorary 2022 Person of the Year.

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Photos courtesy Steve Englebright's office
Left to right: Town of Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook), Port Jefferson Station/Terryville Chamber of Commerce president Jen Dzvonar, Santa Claus, New York State Assemblyman Steve Englebright (D-Setauket), Mrs. Claus, and PJSTCC community liaison Joan Nickeson.

Dozens of community members, performers, business leaders and public officials gathered at the Train Car Park in Port Jefferson Station Dec. 8, continuing a lasting holiday custom.

The Port Jefferson Station/Terryville Chamber of Commerce has hosted this event for decades, perennially reuniting the various facets of the community amid festive cheer. Guests were greeted with hot chocolate under a tent, with some chamber members tabling inside.

The stars of the event, Santa and Mrs. Claus, arrived in a stylish fire rescue vehicle supplied by the Terryville Fire Department. Along with them was chamber president Jen Dzvonar, New York State Assemblyman Steve Englebright (D-Setauket) and Town of Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook).

Santa and Mrs. Claus spent quality time with the children, sitting for photographs and taking requests for Christmas. Vocalists from the School of Rock performed Christmas carols and Hanukkah songs. Dancers from the Port Jefferson Station-based Backstage Studio of Dance jived to the musical beats of several tunes.

“We try to rally the entire community for a great community event,” Dzvonar said. She responded to the sizable turnout and talented performers by saying, “I think it’s so heartwarming. It’s like a true holiday festival, celebratory and inviting.”

The laughter and fun of the evening were just another positive development in a string of forward momentum for the community this year. Kornreich described the spectacle as exemplifying the area’s distinctiveness and charm.

“By my reckoning, I think this is reason number 74 for why Port Jeff Station is one of the best places to live in Suffolk County,” he said. “This town is changing so quickly, and there are just so many fun things going on here all the time,” adding, “I’m just really happy to be here with everyone from the community on yet another happy occasion in our new park.”

Englebright outlined some of the historical contexts behind this event. The assemblyman regarded the gradual development of the area and the Train Car Park as the product of decades of joint efforts between community groups, governmental entities and engaged residents.

“To see all of the young people here, and Santa and Mrs. Claus … it is showing us all the direction that this holiday is meant to be in,” the assemblyman said. “It’s very heartening to see the very talented kids, the dancers and the fire department. The whole community is here, and it’s just amazing.”

Gwenn Capodieci is the executive director of the Backstage dance studio. She said her dance groups have performed during this event for the past three years and frequently coordinate with PJSTCC. For her, the evening is a unique opportunity for the dancers to perform before their peers and community members.

“After all, this is a performing art,” she said. “Performing is a big part of it, so to get an opportunity to show that is really great.” 

Nicole Terlizzo, artistic director and teacher at the dance studio, said the performances were the product of two months of preparation, with the rehearsals ranging from jazz techniques to hip-hop, tap, ballet and others.

“The girls practiced really hard and really came together,” Terlizzo said. “They have a lot of fun doing it, and it’s a fun way to get them out of the studio and in front of the community.”

Paul Perrone, vice president of PJSTCC, summed up why the chamber continues this tradition annually: “It gives people an opportunity to get out of their house and enjoy the community park,” he said. “It helps people feel that Comsewogue — Port Jefferson Station/Terryville — has something to offer everybody.”

Joan Nickeson, the chamber’s community liaison, offered her take as well, citing the tree lighting event as an annual tradition that highlights the area’s continued growth and support.

“It’s an annual Port Jefferson Station/Terryville Chamber of Commerce tradition, and we’re so fortunate to have a great Santa, support from our electeds, residents and the business community,” she said.

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