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Legislation

Local government officials at all levels are pushing for the Shoreham woods adjacent to the Pine Barrens be spared from development. Gov. Andrew Cuomo put plans in his preliminary budget despite vetoing a bill to save the trees. File photo by Kevin Redding

By Kevin Redding

Suffolk County elected officials learned last week that with perseverance comes preservation.

In a surprising move, Gov. Andrew Cuomo (D) unveiled in his 2018-19 executive budget Jan. 16 that roughly 840 acres in Shoreham would be preserved as part of an expansion of Long Island’s publicly protected Central Pine Barrens. This proposal — which, if the budget is passed, would make the scenic stretch of property surrounding the abandoned Shoreham nuclear power plant off limits to developers — came less than a month after Cuomo vetoed a bill co-sponsored by state Assemblyman Steve Englebright (D-Setauket) and state Sen. Ken LaValle (R-Port Jefferson) calling for that very action.

A proposal was made to cut down a majority of the more than 800 acres in favor of a solar farm. Photo by Kevin Redding

“We saw that he did a cut and paste of our bill,” Englebright said. “It left in all of the language from our bill for the Shoreham site and now that’s in the proposed executive budget. That is really significant because, with this initiative as an amendment to the Pine Barrens, this will really have a dramatic long-term impact on helping to stabilize the land use of the eastern half of Long Island. The governor could do something weird, but as far as Shoreham goes, it is likely he will hold his words, which are our words.”

The bill, which passed overwhelmingly through the two houses of the Legislature in June but was axed by the governor Dec. 18, aimed to protect both the Shoreham property and a 100-acre parcel of Mastic woods from being dismantled and developed into solar farms.

Both Englebright and LaValle, as well as Brookhaven Town Supervisor Ed Romaine (R), pushed that while they provide an important renewable energy, solar panels should not be installed on pristine ecosystems. They even worked right up until the veto was issued to provide a list of alternative, town-owned sites for solar installation “that did not require the removal of a single tree,” according to Romaine.

In Cuomo’s veto, he wrote, “to sign the bill as drafted would be a step in the wrong direction by moving away from a clean energy future instead of leaning into it.” Englebright said he and his colleagues planned to re-introduce the legislation a week or two after the veto was issued and was actively working on it when the proposed budget was released.

The legislation’s Mastic portion, however, was not part of the budget — an exclusion Englebright said he wasn’t surprised by.

State Assemblyman Steve Englebright, despite Shoreham not being in his coverage area, has been pushing to save the virgin Shoreham property from development. File photo

“During negotiations leading up to the bill’s veto, the governor’s representatives put forward that we let Mastic go and just do Shoreham — we rejected that,” he said. “We didn’t want to set that precedent of one site against the other. So he vetoed the bill. But his ego was already tied into it.”

The 100 acres on the Mastic property — at the headwaters of the Forge River — is owned by Jerry Rosengarten, who hired a lobbyist for Cuomo to veto the bill. He is expected to move ahead with plans for the Middle Island Solar Farm, a 67,000-panel green energy development on the property. But Englebright said he hasn’t given up on Mastic.

“We’re standing still in the direction of preservation for both sites,” he said. “My hope is that some of the ideas I was advocating for during those negotiations leading up to the veto will be considered.”

Romaine said he is on Englebright’s side.

“While I support the governor’s initiative and anything that preserves land and adds to the Pine Barrens, obviously my preference would be for Steve Englebright’s bill to go forward,” Romaine said. “There are areas where developments should take place, but those two particular sites are not where development should take place.”

Dick Amper, executive director of the Long Island Pine Barrens Society, who has been vocal against the veto and proposals for solar on both sites, said Cuomo is moving in the right direction with this decision.

“It’s clear that the governor wants to avoid a false choice such as cutting down Pine Barrens to construct solar,” Amper said. “I think he wants land and water protected on the one hand and solar and wind developed on the other hand. I believe we can have all of these by directing solar to rooftops, parking lots and previously cleared land.”

Suffolk County Executive Steve Bellone, on right, gets signatures from residents in support of the Community Protection Act outside Stop & Shop in Miller Place. Photo from County Executive Bellone's office

By Kevin Redding

In light of recent court rulings and pending lawsuits in favor of sex offenders, Suffolk County Executive Steve Bellone (D) is urging the New York State Legislature to follow in the county’s footsteps and get tough on sex criminals by passing legislation that gives the county authorization to uphold its strict laws against them.

On Feb. 11, Bellone and Legislator Sarah Anker (D-Mount Sinai) spoke with parents and residents in Miller Place about supporting and protecting the rules within the Suffolk County Community Protection Act — a private-public partnership law developed by Bellone, victims’ rights advocates like Parents for Megan’s Law and law enforcement agencies. It ensures sex offender registration and compliance, and protects residents and their children against sexual violence — much to the dismay of local sex offenders, who have been suing the county to try to put a stop to the act.

Suffolk County Executive Steve Bellone and Legislator Sarah Anker talk to residents about the Community Protection Act. Photo from County Executive Bellone’s office

“We’re encouraging people to go on to our Facebook page and sign the online petition,” Bellone said. “We want to get as many signatures as we can to communicate to our partners in the state that this is a priority that we pass legislation that makes it clear Suffolk County has the right to continue doing what it’s doing to protect our community against sex offenders.”

While the county executive said Suffolk representative have been supportive of the law, which was put in place four years ago, he wanted to make sure they’re armed with grassroots support to convince state colleagues they have a substantial evidence to prove it’s popularity and show it’s the right thing to do.

Since it was enacted in 2013, the Community Protection Act has been the nation’s strictest sex offender enforcement, monitoring and verification program, cracking down on all three levels of offenders when it comes to their proximity to a school facility or child-friendly area, and reducing sex offender recidivism in Suffolk County by 81 percent. Ninety-eight percent of Level 2 and more than 94 percent of Level 3 registrants are in compliance with photograph requirements, what Bellone said is a significant increase from before the law took effect.

Through its partnership with Parents for Megan’s Law, the county has conducted more than 10,000 in-person home verification visits for all levels of sex offenders, by sending retired law enforcement to verify sex offenders’ work and home addresses and make sure their registry is accurate and up to date. More than 300 sex offenders have also been removed from social media under the law.

According to the Suffolk County Police Department, the act is a critical piece of legislation.

“The program has been incredibly successful, which is why sex offenders don’t like it.”

—Steve Bellone

“The numbers don’t lie, there’s a lot of hard evidence and data that shows this act has done precisely what it was designed to do: monitor sex offenders and make sure they’re not doing anything they’re not supposed to be doing,” Deputy Commissioner Justin Meyers said. “To date, I have never met a single resident in this county who didn’t support [it].”

Besides the sex offenders themselves, that is.

The act has made Suffolk County one of the more difficult places for registered sex offenders to live and, since its inception, Suffolk sex offenders have deemed its strict level of monitoring unconstitutional, arguing, and overall winning their cases in court that local law is not allowed to be stricter than the state law.

In 2015, the state Court of Appeals decided to repeal local residency restriction laws for sex offenders, claiming local governments “could not impose their own rules on where sex offenders live.”

In the prospective state legislation, Bellone hopes to close the sex offender loophole that would allow high-level sex offenders to be able to legally move into a home at close proximity to a school.

“The program has been incredibly successful, which is why sex offenders don’t like it,” Bellone said. “This is what we need to do to make sure we’re doing everything we can to protect kids and families in our community. As a father of three young kids, this is very personal to me and I think that while we’ve tried to make government more efficient and reduce costs here, this is an example of the kind of thing government should absolutely be spending resources on.”

Suffolk County Executive Steve Bellone, on right, with a community member who signed his petition urging state lawmakers to uphold the Community Protection Act. Photo from County Executive Bellone’s office

To conduct all the monitoring and fund educational resources offered to the community by Parents for Megan’s Law — teaching parents what to look out for and how to prevent their children from becoming victims — costs roughly $1 million a year, according to Bellone.

In addition to the residential restriction, Bellone is calling on the state to authorize the county to verify the residency and job sites of registered sex offenders, authorize local municipalities to keep a surveillance on homeless sex offenders, who represent less than 4 percent of the offender population in Suffolk County, and require them to call their local police department each night to confirm where they’re staying, and require an affirmative obligation of all sex offenders to cooperate and confirm information required as part of their sex offender designation.

“If people really knew this issue, I couldn’t see how they would oppose the Community Protection Act, because sex offenders are not a common criminal; there’s something fundamentally and psychologically wrong with somebody who commits sexual crime and we as a society have to understand that,” said St. James resident Peter , who held a “Protect Children” rally in the area last years. “Residents should know that the sexual abuse of children is out of control.”

According to the Centers for Disease Control and Prevention, one in four girls are abused and one in six boys will be sexually abused before they turn 18.

“It is imperative that we, not only as a community, but as a state, make efforts to further ensure the safety of our children from sexual predators,” Anker said. “We must do everything in our power to ensure that this law is upheld and that’s why I’ve joined [Bellone] in calling on the New York State Legislature to consider an amendment to grant the county the ability to uphold it.”

To sign the petition, visit https://www.change.org/p/new-york-state-protect-our-children-support-the-community-protection-act.

Legislator Kara Hahn speaks about the harmful effects of microbeads on Tuesday. Photo from Hahn’s office

A push in the Suffolk County Legislature to ban the sale of personal care products containing microbeads was met with unanimous approval on Tuesday, as state and federal lawmakers are also signing on to the cause.

Suffolk County Legislator Kara Hahn (D-Setauket) celebrated the unanimous vote on Tuesday for legislation crafted with the goal of washing the county free of the tiny, potentially hazardous plastic particles linked to several issues affecting waterways. She stood alongside environmental experts at the county Legislature building in Riverhead, referring to the new ban as a means of keeping Long Island and its surrounding waterways safe.

“There is no place for plastics in our vulnerable bays and waterways,” said Hahn, chair of the Legislature’s Environment Committee and author of the bill. “Microbeads have been found in our precious Long Island Sound, and my legislation will protect our environment, protect our health and protect our fishing and tourism industries.”

Microbeads, which are usually between one and five millimeters in diameter, are typically not filtered out by most wastewater treatment systems. This poses the risk of the tiny beads making their way into surface waters, picking up toxins as they flow from one source to the next. Because of their tiny size, the toxin-laden particles can sometimes be mistaken for food by small fish and other aquatic species.

But it does not end there.

Once the aquatic life consumes the potentially harmful microbeads, they could then make their way into larger living organisms and eventually into the human food supply.

The county legislation said that manufacturers of several personal care products have added the small plastic beads to their facial scrubs, body washes, toothpaste products and select soaps and shampoos over the past 10 years. Now that it has passed, Hahn’s law will go into effect Jan. 1, 2018, and prohibit the sale of any personal care products that contain microbeads in Suffolk County.

Six months before that deadline, Hahn said the Department of Health Services will begin informing retailers selling products that contain microbeads of the new regulations, and enforcement will come through random inspections of at least 10 retailers per quarter in 2018. Anyone who violates the law will be subject to a civil fine of up to $500 for a first offense, a fine of up to $750 for a second offense and a fine of up to $1,000 for all subsequent violations.

Microbead legislation has been gaining traction beyond the Suffolk County level over the past year, with elected officials on both the state and federal levels stepping up to promote the ban of such products. U.S. Sen. Kirsten Gillibrand (D-NY) and state Attorney General Eric Schneiderman visited Long Island over the summer to announce the Microbead-Free Waters Act of 2015, a bipartisan federal bill that would also ban cosmetics containing the plastic pellets.

Gillibrand’s bill had 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.