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New York State Sen. Mario Mattera speaks out against the state’s ban on gas-powered stoves, furnaces and propane heating during a rally in Hauppauge Wednesday, Oct. 18. Photo by Raymond Janis

New York State’s ban on natural gas is coming under fire.

Dozens of public officials, union workers and policy advocates rallied outside the Perry B. Duryea Jr. State Office Building in Hauppauge Wednesday morning, Oct. 18, protesting the state’s recent ban on natural gas, slated to take effect on Dec. 31, 2025.

News Flash:

Generated by ChatGPT, edited by our staff

  • Protest against New York State’s natural gas ban: Public officials, union workers and policy advocates rally against New York State’s ban on natural gas, expressing concerns about its impact on jobs, energy prices and the economy.
  • Legal challenge to the ban: Plaintiffs in the Mulhern Gas Co. v. Rodriguez lawsuit argue that the ban violates federal law, specifically the Energy Policy and Conservation Act.
  • Calls for realistic energy approaches: Opponents of the natural gas ban advocate for a balanced and diversified energy portfolio, highlighting the challenges of transitioning to an all-electric system.

During the rally, attendees chanted, “We need a plan, not a ban.”

This natural gas provision was included in this year’s fiscal year budget, passed by the Democratic-controlled state Legislature and signed by Gov. Kathy Hochul (D) in May.

The law bans gas-powered stoves, furnaces and propane heating, encouraging using climate-friendly appliances such as heat pumps and induction stoves in new residential buildings. It also requires all-electric heating and cooking in new buildings shorter than seven stories by 2026 and for taller buildings by 2029.

New York State Sen. Mario Mattera (R-St. James), ranking member on the Senate Energy and Telecommunications Committee, offered several objections to the natural gas ban, fearing the measure would trigger layoffs and hiring freezes, spike energy prices and exacerbate the region’s unaffordability crisis and overtaxed electrical grid.

“We know that this is going to hurt not just our homeowners but our economy,” Mattera said. “We are here today to say stop with this unrealistic ban and come together to create a realistic plan.”

Those gathered Wednesday strongly supported the plaintiffs in Mulhern Gas Co. v. Rodriguez, who seek to invalidate the ban on the legal grounds that the federal Energy Policy and Conservation Act preempts the state law.

“New York State’s law violates the United States Constitution,” said Town of Babylon Supervisor Rich Schaffer (D), who is also affiliated with the Plumbing Contractors Association of Long Island, one of the plaintiffs in the lawsuit. “This law that was passed and signed is unconstitutional. So that means it’s an opportunity to go back to the drawing board.”

New York State Assemblyman Mike Fitzpatrick (R-Smithtown) endorsed a more diversified energy portfolio for Long Island to meet the demands of today’s modern economy. While he expressed support for promoting alternative energy sources, he suggested these alternatives are still not yet economically viable to stand alone.

“Consumers are not ready for what the radical environmentalists have planned for us,” the assemblyman said. “People want to turn on the electricity or turn on that gas and cook a nice meal for their families. They can’t do it all-electric.”

State Sen. Jack Martins (R-Old Westbury) said Long Island’s electrical grid cannot handle an electric-only transition. He noted the potential dangers of an electric-only energy economy, pointing to frequent outages due to downed trees and storms. “If we don’t have an alternate means of powering our homes, people are going to get hurt,” he warned.

Union leaders from across industries spoke out in opposition to the natural gas ban. Richard Brooks, business manager for Plumbers Local 200, referred to natural gas as “an essential transitional fuel that will help our nation as we move to greener energy sources.”

“New York’s natural gas ban will unnecessarily hurt New York workers by removing our members’ jobs at a time when we are already leading the nation in the expansion of alternative energy for New York residents,” he added.

To view a recording of the entire rally, visit www.facebook.com/senatormariomattera.

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The Flowerfield Fairgrounds in St. James. File photo by Heidi Sutton
By Samantha Rutt

The New York State Department of Environmental Conservation recently advised the Town of Smithtown of its consideration to acquire Flowerfield Fairgrounds, a St. James community staple. Town Supervisor Edward Wehrheim (R) has stated no objection to NYSDEC acquiring the property.

Community residents strongly feel the importance of protecting this rural area from overdevelopment. The potential state acquisition signifies a breakthrough in the longstanding controversy over a proposal for sprawling commercial development on-site.

“This is a huge step forward in the fight to preserve Flowerfield Fairgrounds for future generations,” Judith Ogden, a Village of Head of the Harbor trustee and spokesperson for the Saint James-Head of the Harbor Neighborhood Preservation Coalition, said in a statement.

NYSDEC proposed using the Environmental Protection Fund to obtain the property. 

“New York State is committed to the conservation and protection of the state’s natural resources and recognizes the significant conservation values of the Gyrodyne property,” a NYSDEC official said. “The Environmental Protection Fund is one of the sources used to acquire lands identified as conservation priorities in the New York State Open Space Plan.” 

The Flowerfield property would then be used for open space preservation and conservation, potentially including active-use recreation amenities such as biking and walking trails.

“I am certainly happy about this development,” said Joe Bollhofer, also a member of the coalition. “We’ve been working on this for almost three years now.”

If not acquired by NYSDEC, the property has been proposed to facilitate a multistory, 125-room hotel, 175,000 square feet of office space, 250 assisted living housing units, a 7-acre sewage treatment plant and parking for more than 2,000 vehicles. 

The development plan was initially proposed by St. James-based Gyrodyne, a real estate investment trust firm that owns, leases and manages commercial properties along the Eastern Seaboard.

The state’s interest in preserving the land comes from discussions between NYSDEC, Suffolk County Executive Steve Bellone (D), former New York State Assemblyman Steve Englebright (D-Setauket) and the Peconic Land Trust.

“The state has a tremendous interest in what happens to Stony Brook Harbor,” Englebright said. “The state owns 90% of the bottom” of Stony Brook Harbor.

“The water chemistry of the harbor is pristine right now, or nearly, so it will not be if they build what they have proposed for the Flowerfield property,” Englebright added. “It’s really a matter of protecting the state’s interest and the community’s interest.”

Interactions between the state and town regarding state efforts to preserve the open space portion of the site occurred several months after the Town of Smithtown rejected a controversial proposal to develop a congregate-care facility on nearby Bull Run Farm, citing the desire to protect the area’s rural character.

“Part of comprehensive planning in a community is thinking about how you’re going to develop space so that it works and you protect the integrity of the community,” Ogden said. “So if we look at that area, we don’t need to add more traffic volumes.”

The agreement between the state and town comes as the legal challenge brought upon by the Village of Head of the Harbor and nearby property owners opposing preliminary approval of the controversial plan remains tied up in the state Supreme Court. “Unfortunately, there are other issues involved here — environmental, et cetera,” Bollhofer noted.

Local residents have contributed generously to fund the coalition’s lawsuit to block Gyrodyne’s development plans from moving forward. In a press release in April 2021, Gyrodyne announced that it planned to sell the property and would consider offers for portions of the property or the entire site.

“There’s a lot of water under the bridge here,” Bollhofer said. “And we’re finally having some kind of movement from the state,” adding, “We don’t know if there’ll be other organizations that are going to be involved in helping to manage the property if it is purchased. But there are 48 acres, there’s still open space. … That’s really what we’re concentrating on right now.”

According to a recent statement by a NYSDEC representative, “The DEC has been involved in preliminary discussions with stakeholders regarding the property’s future conservation.”

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File photo by Joseph Cali

News Flash

Generated by ChatGPT, edited by our staff 

•  MTA includes Port Jefferson Branch improvements in 20-year capital needs assessment.

•  Inclusion doesn’t guarantee pursuit, decisions hinge on future funding and other factors.

•   Local officials push for project, emphasizing economic benefits and improved transit.

The decades-old proposal to electrify the Port Jefferson Branch of the Long Island Rail Road passed a significant hurdle last week, though uncertainty remains long-term.

The Metropolitan Transportation Authority, which owns and operates LIRR, included capacity improvements for the Port Jeff Branch within its 2025-2044 20-Year Needs Assessment blueprint published last week. 

The document outlines MTA’s long-term vision for the region’s transit, describing some of the needed improvements for the local line, including electrification, double tracking, stations, a storage yard and associated infrastructure.

The report states some of the project’s objectives, such as increased travel speed and frequency while providing a one-seat ride to Penn Station and Grand Central Madison. It further acknowledges the need to reduce strain upon the Ronkonkoma Branch by North Shore riders driving inland.

In a Sept. 29 letter addressed to Gov. Kathy Hochul (D), over two dozen state, county and local public officials called for Port Jeff Branch modernization within the 20-year plan. Dave Steckel, an MTA media liaison, said the agency had complied with the core request of the letter.

“Regarding the letter on Port Jefferson Branch electrification, the MTA has satisfied the request laid out in that letter by including Port Jefferson Branch electrification in the 20-year needs assessment,” Steckel said.

But, he added, “Inclusion in this analysis does not mean that the MTA will be pursuing a project. Decisions about which of these projects, if any, will be included in subsequent MTA capital programs, will be made in the context of those future programs, including the amount of funding available to rebuild and improve the existing MTA system, which will need to be prioritized before any expansion projects can be considered.”

The report finds potential operational constraints for the electrification project, highlighting the need for additional capital improvements, space for a new terminal rail yard and planning studies. The plan suggests the Lawrence Aviation Superfund site in Port Jefferson Station as a potential site for the rail yard.

The 20-year plan also added some possible drawbacks for prioritizing the Port Jeff Branch. Electrification of the line rated average in cost-effectiveness “mainly due to the high cost and relatively low ridership.”

Continuing the fight

In separate statements to TBR News Media, public officials representing North Shore communities continued to call for the MTA to prioritize the project.

New York State Sen. Anthony Palumbo (R-New Suffolk) emphasized the centrality of the Lawrence Aviation property in regional planning for the North Shore and beyond.

“Electrification of the Port Jefferson line and the establishment of the Lawrence Aviation site as a regional rail hub is a critically important component of our efforts to enhance mass transit service to North Shore residents,” he said. “Improving access and reliability to our mass transit system will increase ridership, alleviate traffic congestion and be an economic boost to the local economy.”

Village of Port Jefferson Mayor Lauren Sheprow expanded on the existing pressures upon Port Jeff Branch commuters to Manhattan, particularly in the context of the burden of transit by rail.

“For years, residents of Port Jeff and the surrounding communities have demonstrated by their actions how they feel about the Port Jefferson Branch — we drive to Ronkonkoma when seeking direct travel, a shorter commute, more frequent service options and less transfers,” she said. “Electrification and modernization of the Port Jefferson Branch will increase connectivity between stations. It will reduce travel time and transfers, and provide more frequent scheduling options, including express options.”

State Sen. Mario Mattera (R-St. James) emphasized the vast support for this effort among officials and community stakeholders, noting “everybody involved wants this.” He said generating the necessary public awareness and appealing to Hochul remain critical.

“We need to make sure that we convince the governor that this is important for Long Islanders,” he said, advocating for a grassroots, mobilized effort to bolster public support. “Strength with numbers wins,” he added.

Town of Brookhaven Supervisor Ed Romaine (R) suggested electrification would help counteract some of the downward trends throughout the region, namely the loss of youth.

“Thousands of Brookhaven residents use the LIRR to commute to work every day, and thousands more ride the train for other reasons,” the town supervisor said. “Electrification would provide faster, more efficient service and attract people to live in the communities with close access to the railroad,” adding, “The economic upside would be felt throughout the town as more people choose to live here, and our young people decide to stay because of the improved LIRR service and easier access in and out of New York City.”

Though placement onto the 20-year plan could be considered a win, much work remains ahead. Larry Penner, a transit advocate and former director of Federal Transit Administration Region 2, called upon the various governmental bodies across the North Shore to begin laying down seed funds to signal their interest.

“Why don’t all these elected officials put up some money to at least keep the project alive?” he said. “Why are they waiting for the MTA to move the project forward?” He added, “Talk is cheap, but actions speak louder.”

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NYS officials alert public to possible local impact

Inside one of the remaining derelict buildings at the Lawrence Aviation Superfund site in Port Jefferson Station. File photo

News Flash

Key takeaways by ChatGPT, edited by the TBR staff

• Derelict buildings at Lawrence Aviation site in PJS to come down after New York State takeover from Feds.

• Daily air quality sampling, wet demolition planned for hazardous material removal.

• Proposed solar farm and MTA rail yard discussed.

By Carolyn Sackstein

On the road to redevelopment, the Lawrence Aviation Superfund site in Port Jefferson Station will clear a significant hurdle in the coming months.

Port Jefferson Village Center hosted Wednesday, Oct. 4, New York State officials and the contractor who will demolish the remaining derelict buildings on-site at the Lawrence Aviation property.

The two-hour information session featured informational posters and charts on easels around the room’s perimeter, with state Department of Environmental Conservation officials explaining their contents and providing additional clarity for members of the public.

The U.S. Environmental Protection Agency “did the investigation of the site, performed removal actions such as soil and drum removal of underground storage tanks, transformers containing PCB [polychlorinated biphenyl] oils and implemented the groundwater remedy over the last 10 years,” said NYSDEC environmental engineer Steven Scharf. The EPA has now “turned it over to the state, as required by federal law. Now that the company is bankrupt and the Suffolk County Landbank Corporation has seized the property for back taxes, we can take the buildings down.”

Mark Sergott, representing the New York State Department of Health, said that during the demolition of the buildings, there will be “mostly dust issues.” Scott McDonald, project manager of Groundwater & Environmental Services, the contracting firm performing the demolition work, explained that removing structures from the property will be a “wet demolition” to lessen the number of airborne particulates.

Jeffrey Dyber, also representing NYSDOH, explained that “the air quality will be sampled daily. Monitoring equipment will vary locations from day-to-day depending on the direction of the wind.”

Should the equipment detect levels of particulates and volatile organic compounds beyond those considered safe, he added, alarms will sound, and demolition will be halted and mitigated before continuing. The materials will be wrapped and secured for safe transport.

NYSDEC project manager Payson Long. Photo by Carolyn Sackstein

The above-ground structures should be removed by summer 2024, according to NYSDEC project manager Payson Long. “We are going to sample below the pits, sumps and through the slabs in several areas to ensure that we have documented the entire site to ensure there is no contamination in that area,” he said. “We are [sampling] down to the water table, which is about 200 feet.”

“Currently, the buildings are an attractive nuisance,” Long continued, explaining it is not just the unhoused who have been drawn to create encampments on the property. People from the community have exposed themselves to toxins by riding dirt bikes and local teens using it as a hangout location. There is even evidence that the buildings have been used for drone racing.

McDonald discussed the potential traffic impacts related to the demolition project. He said the wooden bridge to the west of the property will not be used as it is not rated to carry the weight of the trucks and equipment. All project-related traffic will be routed from Route 112 to Sheep Pasture Road and then enter the Lawrence Aviation property using the gate at 100 Sheep Pasture.

When it was pointed out that the gate and roads on the property were overgrown and derelict, McDonald indicated that those would be rehabilitated to allow the trucks and heavy equipment to access the work zones on-site. 

Once demolition equipment reaches the property, it will stay there. Site security will be present during the off hours. Truck traffic will be limited to between 7 a.m. and 5 p.m. 

The event was well attended by Port Jefferson and Port Jefferson Station/Terryville residents, including Bill Caraftis, Paul and Carolyn Sagliocca, Liz and Jim Marzigliano, who demonstrated a keen interest in the possible uses for the land after the cleanup.

A 36-acre solar array and an MTA rail yard have been proposed, which could necessitate rerouting a section of the Setauket-Port Jefferson Station Greenway trail

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Gov. Kathy Hochul updates New Yorkers on Saturday, Sept. 30, the day after declaring a state of emergency for Long Island. Photo courtesy the New York State Executive Chamber

Flash flooding leveled much of the tri-state area last Friday, Sept. 29, prompting a state of emergency declaration for Long Island while unleashing damage and halting some services.

The National Weather Service issued a coastal flood watch for Long Island Friday, which remained in effect into the night. Heavy rainfall and intense flooding throughout the region prompted Gov. Kathy Hochul (D) to declare a state of emergency for Long Island, as well as for New York City and portions of the Hudson Valley.

Heavy flooding caused roadway closures at state Route 110 in Huntington between Mill Lane and Prime Avenue near Madison Street at Heckscher State Park, according to a NWS report. In Commack, a stranded motorist on Town Line Road required an emergency service response, the same report indicated.

In an emailed statement, Town of Huntington Supervisor Ed Smyth (R) maintained that much of the town’s infrastructure and services remained undisturbed despite the heavy rainfall.

“Highway Superintendent Andre Sorrentino and the Highway Department, along with our Environmental Waste Management Department, were out in full force with pumps and tree crews clearing and cleaning,” Smyth said. “Our sewage treatment plants received more than double their normal water flow without any reported spillage.”

He added that garbage collection continued as scheduled, though the storm had disrupted and canceled numerous local events. “However, normal government operations continued without interruption. Although there were no significant issues, the town is currently assessing all departments to determine any and all issues relating to the storm.”

Joana Flores, media liaison for the Metropolitan Transportation Authority, indicated that operations along the Long Island Rail Road’s Port Jefferson Branch were largely undeterred.

“Friday’s weather event did not have any impact on MTA infrastructure in the Port Jefferson area or to Port Jefferson train service,” Flores said. “With the exception of one train that was momentarily delayed due to a non-weather-related matter, the Port Jefferson Branch operated on or close to schedule.”

“Crews did perform periodic patrols of the Port Jefferson Branch to monitor conditions of the infrastructure,” she added.

Electrical infrastructure had similarly avoided major damages, according to Jeremy Walsh, a spokesperson for PSEG Long Island. “Friday’s flooding did not impact the electric infrastructure,” he said in an email. “Overall, the system performed well. While we did experience scattered outage activity, it was mainly as a result of the heavy rains and gusty conditions impacting trees and tree limbs, not flood damage.”

Given projections for more frequent and intense storm events over the coming years, Walsh added that the utility company is continuing efforts toward mitigating the associated risks to the electrical grid.

“PSEG Long Island has been storm-hardening the electric grid since 2014, including elevating equipment at some substations to protect against flooding, and this has helped reduce the impact of severe weather events,” he noted. “We continue to storm-harden the infrastructure using the best projections for future flooding and wind conditions that are available to us.”

The storm’s impacts were not limited to public infrastructure, however. The New York State Department of Environmental Conservation temporarily closed much of the North Shore to shellfishing due to “extremely heavy rainfall and extraordinary amounts of stormwater runoff and localized street flooding … which may result in conditions causing shellfish to be hazardous for use as food,” a NYSDEC report said.

At a press conference the following day, Sept. 30, Hochul announced that there had been no recorded fatalities due to the flooding, thanking the public for heeding emergency warnings.

“What had been described by myself as a potentially life-threatening event ended up being a time when people listened, they reacted properly, they took precautions and no lives were lost,” the governor said.

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METRO photo

By Shannon L. Malone, Esq.

Shannon L. Malone, Esq.

Members of the community have been inquiring about how the courts have dealt with their calendars for personal injury cases caused mainly by motor vehicle accidents during more recent variants of COVID-19. Clients are naturally concerned about their health and the progress of their personal injury cases. 

Moreover, people who have gotten into various types of accidents while last year’s Omicron variant was raging wonder if they, or we, should be doing anything different. Finally, with the recent uptick in COVID-19 reported by the media, we are receiving additional inquiries of this nature over the summer. 

Just ‘how open’ were the courts before the Omicron variant became widespread?

Before the Omicron variant of the COVID-19 virus became prevalent, the courts in Suffolk County and throughout the state were beginning to “open up” and conduct “in person” appearances for conferences and other matters. 

Trials started when these appearances became more commonplace and seemingly conducted without danger to the court personnel, litigants, and lawyers. First, the court scheduled criminal trials in cases with incarcerated defendants, and then serious felony trials began in the fall of 2021. 

Next, the court started trying civil cases as a backlog of personal injury accident trials had developed. The judges throughout the state were encouraged to reduce the backlog, as it is well known that personal injury cases arising out of car accidents, slip and fall incidents, and medical malpractice usually settle only when a trial is about to begin. Therefore, the need to schedule trials became essential. 

What happened to trials that were scheduled before the Omicron variant became widespread? 

Just as civil trials for personal injury cases were beginning to be held with little or no noticeable spread of the virus, by the end of 2021, the Omicron variant hit New York State and most of the country. 

Several personal injury trials had been completed by jury verdict or settlement in Suffolk County; however, as 2022 began, the Omicron variant caused a pause in starting most civil personal injury trials. While a few such cases proceeded to trial while Omicron was spreading, the cases that involved several parties, such as multi-car accident matters, were postponed until the variant subsided.

What is the status of personal injury cases as of the Summer of 2023? 

Despite the emergence of the apparent new strain of COVID-19, the entire country clearly is enduring its spread. Whether it is a result of the vaccines, people developing immunity, or the availability of medications, most cases seem to be relatively mild. As a result, the courts are operating as they were in 2019, and trials are proceeding in virtually all personal injury cases. 

Needless to say, if you have a case pending or were involved in an accident that caused personal injury, be sure to keep in touch with your lawyer or consult with an attorney if you haven’t done so already, as no one can predict how new variants of the virus will evolve. 

According to epidemiologist Nathan Grubaugh of Yale University, “Delta was never going to be the last variant—and Omicron is not going to be the last one, as long as there is a COVID-19 outbreak somewhere in the world, there is going to be something new that emerges.” 

Shannon L. Malone, Esq. is an Associate Attorney at Glynn Mercep Purcell and Morrison LLP in Setauket. She graduated from Touro Law, where she wrote and served as an editor of the Touro Law Review. Ms. Malone is a proud Stony Brook University alumna.

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Photo courtesy Peter Gollon
By Peter Gollon

I commend this newspaper for its thorough and balanced Sept. 14 and Sept. 21 articles on the proposed conversion of the Long Island Power Authority into a fully municipal utility that would directly operate the electrical transmission and distribution system that it has owned for decades.

LIPA, which is the country’s third largest municipal utility, is legally required now to outsource its operation to another entity. Right now that is PSEG Long Island. Before that, it was National Grid.

LIPA’s staff of 60 experienced utility professionals supervises PSEGLI’s performance according to metrics taking 207 pages to outline. Each year, LIPA pays PSEGLI $80 million for just 18 executives to plan and direct the 2,500-line call center and other workers whose pay is provided by LIPA. That’s more than $4 million for each PSEGLI-supplied executive.

There is considerable overlap between the top PSEGLI staff and the LIPA staff that supervises and grades PSEGLI’s performance. Both the Legislative Commission on the Future of the Long Island Power Authority and LIPA agree that if LIPA hired a dozen more staffers, it could run the system itself, dispensing with PSEGLI’s management and saving about $75 million each year.

This savings would be real, even if PSEGLI were doing a good job. But it hasn’t been. Their performance in storm restoration after Tropical Storm Isaias in 2020 was so bad, and their reports on the causes of the failure of the outage management system were so dishonest, that LIPA considered PSEGLI to be in default of their contract.

Beyond PSEGLI’s shortcomings, the problem is the structure of the unique and convoluted “hybrid” system itself. Besides the extra cost, the inefficiency of this two-headed structure is why LIPA is the only large municipal utility in the country to be operated this way.

As a LIPA trustee for five years, I saw the difficulties, delays and expense that this structure results in. For example, it required three months and a resolution voted by the LIPA Board directing PSEGLI to develop and implement an accurate and modern asset management system for the billions of dollars of LIPA-owned assets before PSEGLI would take such action.

The delays and inefficiency of this management structure do not show up as a specific dollar cost in LIPA’s budget, but they are there and impede LIPA’s adaptation to the new reality of stronger storms and a faster transition to a renewable energy system.

LIPA needs the simple, common municipal utility structure recommended by the state’s Legislative Commission. The Board of Trustees should be reorganized so some trustees are appointed by both Suffolk and Nassau County executives, rather than now where all the trustees are appointed by the state’s political leadership in Albany.

Locally appointed trustees should give LIPA needed credibility with its Long Island customer base and might make it more responsive to local concerns. In recent years, there has been significant hostility resulting from inadequate understanding by both PSEGLI and LIPA of the impact of changes in tariffs, and from the location and details of new facilities or even just taller and thicker poles.

Finally, one trustee should be named by the union — IBEW Local 1049 — representing the utility’s workforce to ensure that their interests are represented at the highest level.

The legal structure in which the workforce is actually housed is critical. Their transfer from PSEGLI to LIPA must be done in a way that continues their employment under federal labor jurisdiction and preserves their well-earned pension rights. Any proposal that might put them under weaker state labor jurisdiction and possibly jeopardize their pensions has no chance of passing the Legislature, nor should it.

Long Islanders should support this once-in-a-generation opportunity to fix a broken utility structure.

The writer served on the Long Island Power Authority Board of Trustees from 2016 to 2021.

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Public domain photo

The debate over the future of Long Island’s electrical grid picked up last week, Sept. 14, at the Nassau County legislative building, with officials, utility staff and members of the public offering competing visions.

The Legislative Commission on the Future of the Long Island Power Authority is a bipartisan panel of state legislators from Long Island and the Rockaways formed in 2022 to consider the potential municipalization of LIPA after its management agreement with PSEG Long Island expires in December 2025.

Accountability

Chief among the concerns outlined during the hearing was public accountability by members of the LIPA Board.

Under the existing appointment structure, the New York State governor appoints five of the nine members, with the Legislature selecting the remaining four.

New York State Assemblyman Fred Thiele (D-Sag Harbor) suggested this appointment structure could change. “All of those appointments are made by individuals that don’t live on Long Island,” he said. “There has always been the consideration that there should be more local say about the governance of LIPA.”

But achieving that degree of local oversight remains an open question. Michael Menser, associate professor in the Department of Earth and Environmental Sciences at the CUNY Graduate Center, proposed creating a stakeholder advisory committee to make recommendations to the LIPA Board.

“We think a committee stakeholder board — possibly working with an independent research institute or observatory, supporting a fully public utility — could make this transition happen in a way that is speedy, democratic and beneficial both economically and ecologically,” he said.

Ryan Madden, sustainability organizer of the Long Island Progressive Coalition, suggested that the county and city governments within LIPA’s service area should make appointments to the board.

“In some ways, there is an argument that some state appointments make sense as it’s a state entity,” Madden said. “But there should be more input or appointments from local jurisdictions.”

“There could be a situation where the governor gets appointments, the Senate and Assembly get appointments, the Nassau County executive working with the Legislature gets appointments, and the same with Suffolk,” he added.

Governance/management

Thiele said the commission had explored an elective LIPA Board in its first round of hearings but backtracked on this idea, favoring an appointed board instead.

“Especially when you’re talking about [the] National Labor Relations Act,” an appointed board “would better serve to protect labor,” the assemblyman said.

Madden nonetheless supported greater local oversight over the appointment process.

“Our recommendations are just to ensure that there is robust community participation and more local decision-making in whatever appointment process that we determine,” he said.

Tom Falcone, LIPA’s CEO, had attended the Nassau meeting and pushed back on earlier testimony from PSEGLI vice president of external affairs Christopher Hahn, who suggested that the friction between the two utilities creates checks and balances. [See story, “LIPA and PSEGLI wrestle for control over Long Island’s electrical grid,” Sept. 14, TBR News Media website.]

“There aren’t supposed to be checks and balances in management,” Falcone said. “Checks and balances at the management level means a lack of accountability of the vendor. It means the vendor can check what the board wants,” adding, “I think, fundamentally, the problem is that you have one vendor, and they can’t be fired.”

Other input

Luis Vazquez, president and CEO of the Long Island Hispanic Chamber of Commerce, said the chamber does not support the municipalization proposal due to the commission’s perceived lack of public outreach and education.

“Half of the problem is educating our communities and chambers,” he said. “So, if we don’t get the message and we don’t know what we’re voting on, I’d rather just not take a position.”

Guy Jacob, an at-large delegate of the Sierra Club, said his organization’s national, state and Long Island chapters all support municipalization.

“This so-called public-private partnership is unique among municipal electric utilities in the U.S., and the time is now at hand to terminate this decades-long, failed anomaly,” he said. “The moment has come to terminate the tyranny of shareholders over ratepayers.”

Jacob pointed to a perceived lack of alignment between the profit interests of the electric service provider and the LIPA customers, adding that “redundant” management positions within LIPA and PSEGLI add unnecessary costs for utility power.

Conversations over the restructuring of LIPA remain ongoing. To view the commission’s meetings, visit totalwebcasting.com/live/nylipa. Written testimony can be submitted at nylipa.gov/public-input.

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Sound Beach residents and public officials rally outside the hamlet’s post office on New York Avenue Wednesday, Sept. 6. Photo by Sabrina Artusa
By Sabrina Artusa

Sound Beach’s residents and political representatives are fed up over the prolonged closure of the hamlet’s post office on New York Avenue, which has been closed for repairs since May.

New York State Sen. Anthony Palumbo (R-New Suffolk), Town of Brookhaven Supervisor Ed Romaine (R) and Councilwoman Jane Bonner (R-Rocky Point), among others, rallied outside the post office Wednesday, Sept. 6, putting pressure on the U.S. Postal Service and the property owner to expedite reopening of the complex.

Some 15 weeks ago, the Brooklyn-based property owner of the building posted a sign on the door informing of its immediate but temporary closure. Sound Beach residents, blindsided by the abruptness, were forced to wait over a week to receive mail from nearby offices.

The private property owner has largely been unreceptive to attempts to reach out, according to Chad Lennon, a representative of U.S. Congressman Nick LaLota (R-NY1).

“We’ve been communicating,” Lennon said. “We haven’t seen reciprocation.”

USPS replied once, informing LaLota that they expected the landowner to make repairs and reopen the post office by Sept. 8. Despite this, the property owner hasn’t filed any permits for work on the building to date. Needless to say the office was not opened on Sept. 8.

The town is prepared to conduct an analysis of the building, along with repairs, when permitted. There are “building engineers on staff to come in this building and know right away what it needs to be up to code,” Palumbo said. “This is absolutely unacceptable.”

Palumbo suggested the landowner is “slow walking” the process while continuing to get rent from the federal government.

“You should not have to pay for services you don’t get,” Romaine said. “Just as the federal government shouldn’t pay taxes for a building that’s closed.”

Palumbo, meanwhile, considered the town “the most important entity” in prompting action and incurring change.

“The owners of this property need to be held accountable and held responsible to do the right thing,” Bonner said. “Bring this post office back to the residents and the community of Sound Beach.”

Some residents had time-sensitive packages, such as medication, that they were not receiving. One woman said that the contents had melted by the time she did received her package.

“We walked by one day, and it was closed,” said Patty Blasberg, who has lived in Sound Beach for 33 years. “That should be public knowledge,” adding that the post office closure “is detrimental to our community.”

Many in attendance, including Bonner, said that in a small hamlet like Sound Beach, the post office is vital to the “community’s identity.”

Blasberg said she always enjoyed the social aspect of going to the post office, where she could see her neighbors. “We want the community to thrive,” she said. “You can’t do that without a post office.”

According to Shirley Smith, another Sound Beach resident, the post office has needed repairs for a while and mentioned a leaking ceiling.

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Photo by Andrew Martin from Pixabay

Long Island’s two primary utility companies are in a tug-of-war over the region’s electric future.

A management contract between the New York State-owned Long Island Power Authority and the investor-owned utility company PSEG Long Island expires in December 2025, prompting uncertainty over the future management of the regional grid.

The Legislative Commission on the Future of the Long Island Power Authority is a bipartisan panel of state legislators from Long Island, formed in 2022 to make recommendations to the state Legislature for future reorganization.

Conflict erupted during the commission’s public hearing at the William H. Rogers Legislature Building in Hauppauge Tuesday, Sept. 12, during which LIPA and PSEGLI reps offered disparate visions.

Municipalization proposal

The legislative commission is considering implementing a full-scale municipalization of utility power on Long Island, empowering LIPA to provide electric service independently without contracting with a third-party vendor, such as PSEGLI.

During the hearing, Tom Falcone, LIPA’s CEO, addressed the commission, noting the complications of overlapping responsibilities between the separate management hierarchies of LIPA and PSEGLI.

“There is not one best governance model … but there are governance models that could result in duplicative roles and responsibilities or unnecessary conflict,” he said. “Multiple overlapping bodies with similar responsibilities can frustrate customers with a lack of clarity and accountability, much like our hybrid management structure between LIPA and PSEG.”

Falcone advised that consolidating management positions within LIPA would enable the state to reduce total management personnel by roughly 13 senior positions.

Falcone added that municipalization would deliver greater accountability from the electric service provider, empowering the LIPA Board to replace senior officials who fail to perform.

“The board can fire me,” the LIPA CEO indicated. “I can’t fire PSEG,” adding, “If PSEG is not delivering, we litigate and we hold back money.”

Checks and balances

But PSEGLI refused to go down without a fight, countering Falcone’s assessment of the existing dynamic between the two utilities.

Christopher Hahn, vice president of external affairs at PSEGLI, advocated for the existing public-private partnership between LIPA and PSEGLI.

“There’s real, built-in accountability to the public-private partnership,” he said. “It is something that has been working for Long Islanders and will continue to work for Long Islanders.”

Hahn maintained that the public-private partnership gives Long Island “the best of both worlds,” maximizing the potential for each utility company while creating checks and balances between LIPA and PSEGLI.

“Having a municipally owned grid gives us the benefit of that low [interest] bonding and, of course, access to [Federal Emergency Management Agency] funds in the event that we have storms,” he said. “And then having the private company and being held accountable.”

He added that accountability for PSEGLI is built into its contract structure, which is only 40% guaranteed. He maintained that PSEGLI continues to rank highly in reliability and customer satisfaction.

“Those are things that came here because of the public-private partnership, because of the push-pull between PSEG and LIPA,” he said.

Conversations over the restructuring of LIPA will continue this week as the commission is scheduled to meet again at 10 a.m. Thursday, Sept. 14, at the Nassau County Legislature in Mineola. To livestream the meeting, visit totalwebcasting.com/live/nylipa. Register on-site to testify. Written testimony can be submitted at nylipa.gov/public-input. Other September meetings are due to be held at The Rockaways, Southampton and Farmingdale State College.

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