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Citizen's Campaign for the Environment Executive Director Adrienne Esposito, on left, shows the decrease in single-use plastic bags (in blue) from a survey done in December 2017 to one done in April 2018. Photo by Kyle Barr

Though there are still people in Suffolk County who regularly kick themselves for forgetting to bring their reusable bags into stores, a newly-released survey says the law that enforces a five-cent per bag fee has so far been effective.

Legislature to vote on statewide ban of plastic bags

By Desirée Keegan

At the state level, Gov. Andrew Cuomo (D) announced a bill to ban single-use plastic bags across the state April 23, which would begin in January 2019 if passed. The three-page bill, introduced by the governor a day after Earth Day, comes a little more than a year after he blocked a 5-cent surcharge that New York City had sought to place on plastic bags.

Cuomo described the measure as an effort to counteract the “blight of plastic bags” that is taking “a devastating toll on our streets, our water and our natural resources,” he said in a statement.

Seeking re-election for a third term in the fall, Cuomo then quoted an adage: “We did not inherit the Earth, we are merely borrowing it from our children.”

If the bill were to pass, New York would join California, which approved a statewide ban of plastic bags in 2016. Hawaii has a de facto ban on plastic bags; all of its counties have instituted bans.

But the measure faces an uncertain path in the Legislature, where leaders of the Assembly and the Senate had opposed the city’s bill. The measure would very likely face a stiffer challenge in the Republican-majority Senate.

Under Cuomo’s proposal, a variety of bags would be exempt from the ban, including those that contain raw meat, fish or poultry; bags sold in bulk; those used in bulk packages of fruit and dried goods; those used for deli products; newspaper bags; trash, food storage and garment bags; and takeout food bags. The state’s Department of Environmental Conservation would also be allowed to exempt certain bags through regulations.

The news comes after advocates from across the state gathered the same day in Albany to hold Cuomo accountable for meeting his climate and clean energy commitments.

“Today, New Yorkers delivered a message to Governor Cuomo: Walk the talk on climate action; follow through on your words, because lasting change only happens through action and putting goals into law,” said Peter Iwanowicz, executive director of Environmental Advocates of New York. “New York has a remarkable opportunity to be an international leader on climate if, and only if, we embrace a future powered by renewables. The people of the state will continue to remind Governor Cuomo of this opportunity until he takes advantage of it.”

“And this is only in three months since the law passed,” Executive Director of Citizen’s Campaign for the Environment Adrienne Esposito said to the Suffolk County Legislature’s Health Committee April 19. “This is a great success. Public behavior is changing.”

In November and December of last year, her environmental advocacy group conducted a study that showed 70 percent  of 20,000 Suffolk County shoppers surveyed left a store with a plastic, non-reusable bag in tow. Only 6 percent of customers surveyed used a reusable bag.

After a new survey of 6,000 people this month in 20 grocery stores throughout the county, just 30 percent of those surveyed bought plastic bags and 43 percent were now carrying reusable. Twenty-one percent of people shopping in those grocery stores decided not to take a bag.

“As we celebrate Earth Day it’s great to have news that the bag fee is effective, said Legislator William “Doc” Spencer (D-Centerport). “I know that there were concerns with adopting the bag law, but to see real, tangible results in such a short period of time, I think it’s very exciting.”

Ocean plastics have become a real concern to a number of environmental scientists and advocacy groups, and Esposito said the next goal is to see if there’s a way to reduce the use of other sources of plastic, like straws and utensil.

“Plastic is becoming a real threat to the environment,” she said.

Dr. Rebecca Grella, a Brentwood schools research scientist and teacher, surveyed Flax Pond Marine Laboratory in Old Field in October 2017 and said the amount of plastics found in the water was extremely troubling.

“What we found at the Flax Pond in one square meter [was] 17 grams of microplastics, which are plastics under 5 millimeters [large],” Grella said. “In the entire shoreline of Flax Pond — over a mile of shoreline — we extrapolated there is about 400 pounds of plastic.”

The microplastics are from larger pieces that have eroded along the sea floor until they are smaller in size. They are often ingested by sea life, which not only endangers aquatic creatures but any creature who eat them, including people.

Spencer said that while a total ban on bags would have been more efficient, there was no way to get it passed by the Legislature.

“I think in order to get to this point after years of negotiation, the nickel offered a successful compromise,” Spencer said. “I think the law has worked so well because people don’t want their nickels going to the store.”

“By charging people 5 cents there seems to be a lot of people getting angry and agitated,” Grella said. “In all actuality, it isn’t as easy to put a 5-cent fee on paper or plastic.”

Despite the success, Esposito admitted there is a chance to eventually see an increase in purchased bag use as more people get used to the law.

“We do get concerned about people getting used to the nickel and just paying it,” she said. “So that’s why we need to keep up public education.”

Citizen’s Campaign for the Environment is planning to conduct another survey in November and December to gather a much larger sample size, and survey more than just grocery stores.

Vape Shops across Suffolk say the new law will hurt their businesses. File photo by Giselle Barkley

During last week’s Rocky Point Drug Forum, Brookhaven Councilwoman Jane Bonner (C-Rocky Point) announced her new step to combat drug use, with a ban regarding hookah lounges and smoke and vape shops in Brookhaven Town.

If the town approves and implements the councilwoman’s proposal, prospective shop owners cannot establish their businesses within 1,000 feet of family- or child-oriented institutions or various public places. These locations include educational and religious facilities; non-degree granting schools, like ballet and karate studios; and swimming pools. The ban won’t apply to existing lounges and shops that have proper permits and certificates of occupancy.

The idea isn’t simply to deter students from purchasing items from the store, but also to prevent them from using these devices, or similar items, to smoke drugs like marijuana. During last week’s forum, John Venza, vice president of Adolescent Services for Outreach, said some vaporizers can accommodate various forms of marijuana including dabs, a wax-like form of the drug that has higher levels of THC.

According to Venza, marketing has also changed over the years to appeal to a younger audience. Bonner not only agreed with Venza, but went a step further.

“We all know that those attractive signs that lure the kids in are the very same reason the government banned Camel advertising,” Bonner said during last week’s forum. She added that parents need to keep a closer eye on their kids by observing their social media accounts, going through their phones and having family dinners.

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Councilwoman Jane Bonner announces her proposed ban at the Rocky Point Drug Forum last week. Photo by Giselle Barkley

For the Rocky Point school district and community alike, fighting substance abuse is a top priority. But according to Rocky Point Superintendent of Schools Michael Ring, the fight is an uphill battle with new devices on the market.

“One of the things that works against us is the emerging technology that makes it easier for students to be brought in and grow that into abuse,” Ring said.

But Rocky Point Smoke & Vape Shop employee Alex Patel said the ban might be a good idea with little reward. According to the Rocky Point resident and father of two, parents have purchased vaporizers and accessories for their children. Patel said the shop isn’t legally allowed to sell to residents who are under 21 years old, but this isn’t the only way students are acquiring the devices.

“Online, I see people buying left and right,” Patel said about vaporizers and similar devices. “It’s much cheaper online because they’re buying in bulk. So what they’re paying in the store $50, online, they can get it for $20.”

He added that it’s also easier for students to purchase these items online because these sites don’t verify the buyer’s age. In light of this, Patel continued saying the proposed ban won’t stop these underage residents from finding what they’re looking for.

North Shore Youth Council Executive Director Janene Gentile said she hasn’t seen an increase in these shops near her organization, but said the youth council works “with the legislators around holding the pharmaceutical companies accountable” as well.

“I believe in this bill,” Gentile added.

Residents can voice their opinions regarding the ban at the May 12 public hearing at 6 p.m. in Brookhaven Town Hall.

State Sen. John Flanagan. File photo

Lawmakers are stepping up in the fight against synthetic drugs, and one North Shore official said it was a major milestone in a personal initiative to combat abuse.

State Sen. John Flanagan (R-East Northport) joined with Senate Majority Coalition leaders and the Independent Democratic Conference leader Jeff Klein (D-Bronx) to help pass a package of bills that aims to prevent the abuse of deadly synthetic drugs. In a statement, Flanagan said the drugs have become more prevalent across Long Island because their effects are similar to other known hallucinogens or narcotics. But their chemical structures, Flanagan said, are slightly altered, making it more difficult to restrict them.

“The spread of synthetic drugs is affecting every community and will continue to destroy lives unless more preventive action is taken,” Flanagan said. “For five years, I have sponsored legislation that has passed the Senate on numerous occasions so that we can hold criminals accountable for the creation of new and dangerous drugs that evade our current laws. It is past time for the Assembly to join us and help put an end to synthetic drugs today.”

If the Senate bill passes, the state would zero in on the sale of the synthetic drugs known as K2, Alpha-PVP and others similar to them, by creating criminal penalties for possession and sale. The Department of Health would have to maintain an electronic database of known synthetic cannabinoids, listing their compounds, a description of products and their street names, lawmakers said. The legislation would also amend the Controlled Substances Act to add analogous drugs, Flanagan said.

With support from the Senate Majority Coalition and Klein, who heads the Independent Democratic Conference, lawmakers released a report called “The State of Synthetics: A Review of the Synthetic Cannabinoid Drug Problem in New York and Solutions on Ending the Epidemic” earlier this year. The report found that New York taxpayers fronted roughly $22.7 million to respond to what Flanagan called a public health crisis in 2015.

“We must KO K2 from upstate to downstate, and the Senate will send a strong message that synthetic drugs will not be tolerated in our state,” Klein said. “My analog bill will ensure that New York keeps ahead of the chemists’ curve and will ban chemicals that mimic controlled substances as they are tweaked, so the law can no longer be subverted. Now, the Assembly must take action to protect the citizens of New York State.”

Port Jefferson shops such as Hookah City on Main Street, above, sell hookahs. Photo by Elana Glowatz

Taking a stand against what some see as troubling business activity and the undesirable type of people it attracts, the Port Jefferson Village Board of Trustees approved a law Monday night that effectively bans new hookah-selling shops and tattoo parlors.

Residents and village officials have been vocal lately about the abundance of shops on Main Street selling hookahs and products related to the smoking apparatuses, with some saying the stores attract a criminal element and sell unhealthy products. More than a year after a similar yet simpler proposal was abandoned, the board has amended its zoning code to restrict those businesses, as well as tattoo parlors and adult establishments like topless bars, to the Light Industrial I-2 District.

The village’s four current hookah shops will not be shuttered under the new law because they represent preexisting uses, but the measure all but bans future hookah shops, hookah parlors, tattoo parlors and adult businesses, as there are only two properties in the entire village in the I-2 zoning district — on Columbia Street — and both are already occupied.

Board members approved the law at their Monday meeting with a 3-2 vote, with Trustees Bruce Miller and Bruce D’Abramo in opposition.

D’Abramo was the most vocal opponent of the proposal’s previous iteration, which would have simply banned hookah parlors — lounges where people can smoke tobacco products using a hookah. He repeated a stance at the meeting that he held through that last proposal as well as through discussion about the new law: that the government should let the free market regulate legally operating businesses.

“I believe that the marketplace cannot support four of these places in the village,” he said. “I think it will serve only to make our code book thicker and therefore dilute its effectiveness. … I believe the marketplace will do the same thing that it did when we had a yogurt place across the street from another yogurt place. … And it closed.”

Although there were more calls from residents opposed to the village interfering with the market the first time around — with some even comparing hookah establishments to the village’s numerous bars that are allowed to operate — D’Abramo did not receive as much resident support recently.

Over the last few board meetings, concerned parents and neighbors have called upon the village to take action against hookah-selling shops, citing fears that they will sell paraphernalia and dangerous substances to underage patrons and attract loiterers and drug dealers. Resident Nancy Cerullo said Monday she is concerned about “the culture that it is bringing.”

When residents asked about banning the shops outright, officials pointed out that would be unconstitutional, but said they could restrict the locations where they operate.

“As long as you allow it to be somewhere,” Mayor Margot Garant said.

With the discussion of the law dominated by comments about hookah shops, Barbara Sabatino, a resident, business owner and planning board member, questioned whether tattoo parlors should be lumped in with those establishments in the new restrictions. She noted that tattoos are becoming more mainstream, particularly among young adults.

The Board of Trustees narrowly voted to approve the law moments after closing the public hearing.

A local effort to ban a popular ingredient in beauty products has support on the federal level.

U.S. Sen. Kirsten Gillibrand (D-N.Y.) and state Attorney General Eric Schneiderman visited Long Island recently to announce the Microbead-Free Waters Act of 2015, a bipartisan federal bill that would ban cosmetics containing plastic pellets called microbeads, which are frequently smaller than 1 millimeter in diameter and are found in face washes, shampoos, beauty products and other soaps.

Because of their size, most wastewater treatment systems are unable to filter out the microbeads, so they are released into local waterways like the Long Island Sound. But microbeads accumulate toxins in the water, and fish and birds ingest them. Public health could be at risk if the fish are reeled in and eaten.

Schneiderman reported that about 19 tons of the small pellets pass through New York wastewater treatment plants each year.

Gillibrand’s bill has sponsors and co-sponsors from both sides of the aisle, most of them from the Midwest, according to a press release from the senator’s office. It is similar to a New York state-level bill of the same name, which is Schneiderman’s effort to prohibit the sale and distribution of products containing microbeads.

“These tiny pieces of plastic have already caused significant ecological damage to New York’s waterways,” Gillibrand said, “and they will continue to do so until they are removed from the marketplace.”

The state bill passed the Assembly in the last session but was not put up for a vote in the Senate, despite having more co-sponsors than the number of votes it would have needed to pass.

New York is not alone in pushing to ban microbeads — Illinois has already given them the axe, and other states are considering similar legislation.

Many local residents first heard about the issue when Suffolk County Legislator Kara Hahn (D-Setauket) led her colleagues to passing a law that required the county to study how a microbead ban would affect health and the economy.

She commended officials for their anti-microbead effort on the national stage.

“The threat posed by microbead waste is of national consequence,” Hahn said in the press release. “The cumbersome task of tackling this issue [from] municipality to municipality and state to state will never prove as effective as a federal approach.”

Adrienne Esposito, the executive director of the local Citizens Campaign for the Environment, said there are other effective alternatives to microbeads, such as apricot shells, salt and oatmeal.

“The public expects facial soaps and toothpaste to clean our face and teeth, not pollute our waters,” Esposito said. “Plastic microbeads pollute our waters, contaminate our fish and shellfish, and could end up back on our dinner plates. They are completely unnecessary.”