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A breakdown of current legislation on the gun debate

Stock Photo

Mass shootings and gun violence have rocked the nation, leaving people to ask the question:  What can be done to stop the violence?

U.S. Rep. Lee Zeldin. File photo

New York State Gov. Andrew Cuomo (D) called on Democratic presidential candidates to support strong gun safety laws. U.S. Sen. Chuck Schumer (D-NY) and U.S. Rep. Peter King (R-NY2), in a show of bipartisanship, called for a vote on the Bipartisan Background Checks Act of 2019 at a press conference Aug. 6.

Improved background checks, banning high-powered automatic and semi-automatic weapons and ammunition, and better mental health screenings have been among the top ideas suggested, some of the legislation relating to which is still pending.  Some are stalled at various levels of Congress.

Here’s a recap of what measures have been recently implemented or proposed. 

Bump stocks

In March 2019 President Donald Trump (R) signed into law a ban on bump stocks, devices which turn weapons into automatic guns that fire rapidly through the recoil of the gun itself.

Red flag laws

New York State passed a “red flag” law in February 2019, which takes effect on Aug. 24. A new report, entitled “Mass Violence in America: Causes, Impacts and Solutions,” which was released Aug. 6 by the National Council for Behavioral Health, suggests that red flag laws may be among the best tools so far suggested for reducing gun violence. Red flag laws enable people, concerned about the well-being of individuals who display violent tendencies or show signs that they may be at risk to engage in gun violence, to contact law enforcement to institute gun control measures through a court process. Under New York’s statute, three categories of people can submit a red flag on someone: law enforcement, school officials and family.

Background checks

H.R.8 Bipartisan Background Checks Act of 2019 

H.R.1112 Enhanced Background Checks Act of 2019

Both bills have passed the House and are stalled in the Senate, with Republican Senate Majority Leader Mitch McConnell refusing to bring H.R.8 in particular to the floor for vote.

H.R.8 establishes background checks for guns transferred between private parties (unlicensed individuals.) Specifically, it prohibits transfer of firearms unless a gun dealer or importer first takes possession of the weapon and does a background check. The prohibition does not apply to gifts that transfer weapons between spouses.

U.S. Rep Tom Suozzi, who co-sponsored the event, takes the podium. Photo by Sara-Megan Walsh

H.R.1112 revises the background checks to applicable firearm transfers from federal licensed firearms licensee (or a gun dealer) to unlicensed person. 

U.S. Rep. Tom Suozzi (D-NY3) is co-sponsor of both bills. Suozzi represents Queens and the North Shore of Long Island to parts of Kings Park and runs an office in Huntington. Rep. Lee Zeldin (R-NY1) voted “no” on both bills.  

Zeldin defends his “no” vote record on these bills. When asked why, here is his response:

“In the case of Parkland, for example, Nikolas Cruz passed a background check, but clearly should not have had any access to firearms. The current system is flawed. Unfortunately, instead of addressing these shortcomings, H.R.8 and H.R.1112 zeroed in on law-abiding citizens. We need to improve our nation’s background check system by ensuring state reporting and the compilation of all relevant information. We cannot determine if certain people are unfit to own a firearm if we don’t have the necessary available information.”

H.R.4477 Fix NICS (National Instant Criminal Background Check System) Act of 2017 

Passed as part of Consolidated Appropriations Act of 2018.

H.R.4477 amends the Brady Handgun Violence Prevention Act to require each federal agency and department to supply disqualifying records of a person prohibited from possessing a firearm.

Zeldin supported the Fix NICS bill, and had this to say:

“We need to ensure lunatics manifesting violent criminal intentions to murder with firearms have access to none. That’s why I supported the Fix NICS bill, which could have saved 26 lives at the First Baptist Church [of Sutherland Springs] in Texas, and why I called for a congressional hearing and action in the wake of the tragedy in Parkland. I support the Mass Violence Prevention [Reform] Act, which would improve information sharing to prevent and deter violence caused by criminal use of firearms, reduce the flow of firearms onto the black market and provide law enforcement with increased resources to keep our communities safe. I also supported the STOP School Violence Act that helps school personnel and law enforcement identify and prevent violence in schools.”

Concealed carry reciprocity 

H.R.38 Concealed Carry Reciprocity Act of 2019 

The bill allows individuals to carry concealed weapons to other states that allow concealed weapons. The bill was introduced in January and referred to committee with no recent action. 

Suozzi voted “no” on similar legislation proposed in 2017. Zeldin is a co-sponsor of the 2019 legislation. 

A representative for Zeldin had this to say on the bill:

“The congressman supports the rights of law- abiding Americans to own firearms to protect themselves, their family and other loved ones. He believes lunatics manifesting violent criminal intentions to murder with firearms have access to none.”

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Gov. Andrew Cuomo (D) File photo by Sara Meghan Walsh

As part of New York State’s commitment to reach zero-carbon emissions, Gov. Andrew Cuomo (D) announced July 3 a $55 million investment for energy storage projects that promotes commercial and residential clean energy use on Long Island. 

“With our nation-leading clean energy goals and aggressive strategy to combat climate change, New York continues to set the example of climate leadership for other states across the country,” Cuomo said. “These incentives for energy storage will help Long Islanders grow their clean energy economy and create jobs while also improving the resiliency of the grid in the face of more frequent extreme weather events.”

The initial roll out includes nearly $15 million in incentives available immediately from the New York State Energy Research and Development Authority for both residential and commercial installations. Additional compensation is also available from PSEG-LI’s Dynamic Load Management tariff, which pays customers to reduce the amount of grid electricity used when demand is highest. The energy storage system paired with solar can enable this to be accomplished. 

 The current NYSERDA incentive is $250 for each kilowatt hour of energy storage installed up to 25 kilowatt hours for a residential system and 15 megawatt hours for a commercial system.  

NYSERDA’s NY-Sun program also offers financing for the installation of solar panels.

 “As more renewable resources are brought online throughout the state, energy storage will improve the efficiency of the grid to better integrate resources like solar while providing residents and businesses with a cleaner, more reliable energy system,” Alicia Barton, president and CEO, NYSERDA, said. “This announcement reinforces Long Island’s position as one of the leading clean energy markets in New York and moves the state closer to reaching Governor Cuomo’s aggressive 3,000 megawatts by 2030 energy storage target.”

The state estimates that the 2030 target equates to powering 40 percent of New York homes with carbon-free technology.

The remaining funds will be allocated over the next three to five years and will be used to drive down costs and scale up the market for these clean energy technologies. The incentives support energy storage installed at customer sites for standalone systems or systems paired with solar.

“Incentivizing energy storage projects on Long Island is a necessary step in order to develop our renewable resource capacity,” Assemblyman Steve Englebright (D-Setauket), chair of the Assembly Environmental Conservation Committee, said. “This will help reduce our reliance on fossil fuels, stabilize energy bills for ratepayers, and reduce greenhouse gas emissions. I applaud Governor Cuomo for this initiative and look forward to more proposals that will ensure New York State takes the lead in addressing climate change.” 

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Assemblyman Steve Englebright (D-Setauket) during a press conference at Port Jefferson Harbor. The LIPA power plant can be seen in the distance. File photo by David Luces
Extreme weather events, coastal flooding, crop yields, brush fires and disruption of fisheries and other ecosystems are among the many concerns that scientists and policymakers aim to address through legislation. Image from the United Nations International Panel on Cllimate Change

New York lawmakers aim to tackle the climate change issue head on: It passed June 20 a bill that will largely eliminate fossil-fuel emissions by 2050. 

The bill, called the Climate Leadership and Community Protection Act, will require incremental changes to the state’s infrastructure. By 2030, the state plans to obtain 70 percent of its electricity from renewable energy sources, shifting entirely to carbon-free electricity by 2040 and cutting greenhouse gas emissions by 85 percent below 1990 levels. Part of the plan includes developing and implementing measures that remove carbon dioxide, a heat-trapping gas, from the atmosphere. 

New York joins California, Nevada, Hawaii, Washington, New Mexico, Washington, D.C., and Puerto Rico in committing to clean energy power. The initiative comes in response to the current administration bailing out of the United Nation’s landmark 2015 Paris Agreement to build a low-carbon future and scaling back on many other environmental measures and regulations. 

Assemblyman Steve Englebright (D-Setauket), the bill’s original sponsor, said the bill addresses one of the most important issues of our time. He and state senators have been trying to get clean-energy legislation passed for the last four years. Prior to the 2018 elections, he said, the bill was stuck in the Republican-led senate. 

“It made a big difference in getting this [bill] passed,” he said. “When you have individuals that deny climate change, it is difficult just to get to first base.”

“We will all need to work together to solve this.”

— Steve Englebright

The bill lays out an ambitious plan for the next 30 years, and it will be guided by a 22-member state panel called the Climate Action Council. 

The council will be made up of state agencies, scientists and individuals in the environmental justice, labor and other regulated industries. The bill requires the council to create a scoping plan that will set out recommendations for reducing emissions across all sectors of the economy, including transportation, building, industrial, commercial and agricultural. They will have to approve a scoping plan within the next two years and then update the plan at least every five years. 

Englebright said a lot is at stake with this climate plan and it is important that they are successful. 

“I would say this is the most aggressive plan to combat this climate challenge; New York should be leading the way,” he said. 

The bill will also set aside hundreds of millions of dollars to prioritize disadvantaged communities around the state, particularly those devastated by pollution and climate change. 

“The Long Island Progressive Coalition celebrates the power of the NY Renews coalition in winning a climate bill that makes New York a national leader in legally-mandated emissions cuts,” Lisa Tyson, Long Island Progressive Coalition director said in a statement. “The agreement struck on the Climate Leadership and Community Protection Act is a significant step forward in combating the climate crisis and moving toward a more regenerative economy for our communities — one powered by 100 percent clean renewable energy.”

Though it is considered a victory in the fight against climate change, the coalition was disappointed that some amendments were left out of the final bill. 

“We are deeply concerned that the changes in the final version of the bill weaken the original intent we set out as a coalition to directly invest resources in vulnerable communities,” Tyson said in a statement. “Although the bill includes a nod toward prevailing wage, the governor’s Climate Leadership and Community Protection Act removes mandates to secure specific worker protections, job growth and training included in previous editions of the Climate and Community Protection Act, which are essential to a just transition off of fossil fuels.”

Other county officials weighed in on the passage of the bill. 

“As chair of the Suffolk County Environment Committee, I understand how crucial it is to our children’s futures that we take measurable steps to counteract human-induced climate change,” Legislator Kara Hahn (D-Setauket) said in a statement. “I am proud to say that I am from a state that recognizes the importance of environmental consciousness, and that takes the action necessary toward progress. I commend Governor Cuomo and the New York State Legislature for reaching an agreement that will ensure measurable reductions in carbon emissions and promote clean energy and a greener economy.”

Once the bill is signed by Gov. Andrew Cuomo (D), it will become law. 

Englebright stressed it is going to take a collaborative effort to make sure this plan will work. 

“It is going to take recognition from people that this is not some made up problem, It is not a fake science,” he said. “We will need to work together to solve this.” 

Scientists from the United Nations International Panel on Climate Change have been recommending to policymakers the 70 to 85 percent reduction of fossil fuel use by 2050 to curb the worst impacts of a warming planet.

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From left to right: Laura Curran, Peter King, Tom Suozzi and Lee Zeldin urge tighter federal rules to protect drinking water and Long Islanders health. Photo from Lee Zeldin’s office

The Long Island congressional delegation has reached a tipping point. They’re ready for the Environmental Protection Agency to take action to better address concerns over water quality and its potential impact on human health.

U.S. Reps. Lee Zeldin (R-Shirley), Kathleen Rice (D-Garden City), Peter King (R-Seaford) and Tom Suozzi (D-Glen Cove) were joined June 18 by local elected officials and environmental advocates at the Town of Hempstead Water Department to demand that the EPA sets maximum contaminant levels for drinking water and act to help protect Long Islanders from contaminated drinking supplies.

“When it comes to our communities’ drinking water, there is no room for error,” Zeldin said following the press conference. “This is the drinking water for so many Long Islanders, and failure to act is not an option.”

New York Public Interest Research Group or NYPIRG, found in a recent study that Long Island has the most contaminated drinking water in New York state. Several contaminants, such as 1,4-dioxane and per-and polyfluoroalkyl substances — known as PFAS — were detected above the EPA’s reference concentrations, which are health-based assessments. 

The problem is widespread. Locally, the chemical 1,4-dioxane was found in at least two private drinking wells in Smithtown and also in wells serviced by Suffolk County Water Authority, including the Flower Hill Road well field in Halesite, as reported in The Times of Smithtown April 30 article, “County acts to address drinking water contamination concerns.” 

Adrienne Esposito, executive director of Citizens Campaign for the Environment, said that 65 out of 80 commonly used household products that the organization had tested included at least trace amounts of the potentially toxic chemical 1,4-dioxane. CCE is calling for a ban on its use.

Zeldin is a member of the Congressional PFAS Task Force which was established to address the urgent threat of PFAS to help better protect communities from the harmful effects of the chemicals.

The use of industrial strength firefighting foam during past training exercises, such as those undertaken at the Naval Weapons Industrial Reserve Plant in Calverton and Francis S. Gabreski Air National Guard Base, have been known to introduce chemicals, such as PFAS, into the surrounding groundwater, potentially contaminating drinking supplies.

PFAS is a man-made substance that is persistent in the human body and the environment. It can also be found in nonstick products, polishes, waxes, paints, cleaning products and packaging.

Some PFAS are no longer manufactured in the U.S., according to the EPA website, but can be produced internationally and imported to U.S. in consumer goods such as carpets, textiles, paper and packaging, rubber and plastics. 

The EPA Region 2 Office spokesperson did not respond to requests for comment before press time. 

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People at the June 7 rally held signs supporting Green Light NY bill. Photo by David Luces

After a contentious back and forth between state Democrats and Republicans, the green light bill, a measure that would allow undocumented immigrants to obtain a driver’s license in New York State, passed the New York State Senate June 17 and was signed into law by Gov. Andrew Cuomo (D). 

The vote makes New York the 13th state in the nation to allow undocumented immigrants to obtain driver’s licenses. In the past, undocumented immigrants in New York were allowed to have driver’s licenses if they passed the required tests and proved their residency. In 2001, former governor George Pataki reversed the measure via executive order.

“Driving in New York State is a privilege, not a guaranteed right.”

— John Kennedy Jr.

Proponents of the bill say that the bill would improve public safety and the economy.

“Today is a historic day for New York’s hard working immigrant community,” said Steven Choi, the executive director at the New York Immigration Coalition. “We are glad to see that Governor Cuomo did the right thing by signing the Green Light NY bill into law.” 

In the lead up to the vote there was some hesitation of support from some Democrats, which critics attributed to being wary of backlash to the bill and its impact on the 2020 election year.

Jay Jacobs, The Nassau County Democratic chairman, warned the six senators who represent Long Island about the potential political backlash of supporting the bill, according to an article in Gothamist.  

Jacobs told Gothamist that he personally supports the legislation but believes the bill is too polarizing to pursue in the current legislative session.

The legislation moved forward without the support of the six Long Island Democratic senators, who all voted no, as well as three other Republican senators. 

“I am disappointed that the state lawmakers in Albany voted to approve this terrible piece of legislation,” John Kennedy, Suffolk County comptroller and county executive candidate, said in a statement. “Driving in New York State is a privilege, not a guaranteed right, and we should not be extending privileges to those who do not follow the law. I strongly urge the Governor to do the right thing and veto this legislation.”

Other Republicans in the state Legislature shared opposition to the green light bill.  

“This legislation is an outrage to law-abiding New Yorkers, as well as to new Americans that have taken the appropriate steps to become citizens legally,” New York State Sen. John Flanagan (R-East Northport) said in a letter. “The overwhelming majority of New Yorkers oppose issuing driver’s licenses to illegal immigrants. And yet, that is exactly what Senate Democrats did.”

The Long Island Democratic Senate Delegation said in a statement that they value the important contributions made by immigrants to the local economy and communities. 

“Following countless meetings with stakeholders, residents, and advocates on the implications of this bill, our vote is based on the continued existence of serious concerns raised by stakeholders and law enforcement,” the statement read. “We will continue to stand together in the best interest of Long Islanders.”

Some lawmakers shared concerns that the  Immigration and Customs Enforcement agency could possibly obtain driver’s information and use it for deporting individuals.

Cuomo also raised similar concerns before the vote, stating that he would veto the bill if the federal government would be able to access driver’s information that could be used for deportation. He then asked the state attorney general to review the bill and would sign the bill if it didn’t give federal authorities access to DMV databases. 

State Attorney General Letitia James (D) wrote a statement the night of vote. 

“The legislation is well crafted and contains ample protections for those who apply for driver’s licenses,” James said in a statement. “If this bill is enacted and challenged in court, we will vigorously defend it.”

The bill would require undocumented immigrants to take a driver’s license exam and be able to buy car insurance. The measure would go into effect in 180 days and undocumented immigrants could get licenses starting
in December.

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Juvenile clams maturing in Brookhaven’s hatchery. File photo by Alex Petroski

The Town of Huntington and the State Department of Environmental Conservation have separate rules and regulations related to shellfishing, which may confuse some people. Erica Ringewald, a spokesperson for the DEC agreed to answer a few general questions about shellfish harvesting in local bays and harbors. 

Are diesel boats dredging or sail dredging in Huntington Harbor and have they “stolen” millions of dollars’ worth of clams and oysters? Does the state punish this? 

The Town of Huntington has jurisdiction over the method of shellfish harvesting in town waters, which comprise Huntington Bay, Hunting Harbor, Centerport Harbor and Northport Harbor. Shellfish harvesting, regardless of method, is prohibited by DEC in Huntington Harbor, which is closed to the taking of shellfish year-round. 

Has shellfish dredging been identified as a problem?

DEC’s Division of Law Enforcement responds to a few complaints each year, particularly in winter, and often works with the Town of Huntington to investigate depending on the type of complaint made and where the alleged harvesting may be taking place. DEC has not received reports of the illegal harvest of millions of dollars of shellfish at this location.

Fines for violations include: 

First offense for taking shellfish in closed section ranges from $250 to 1,000 (misdemeanor) and value of shellfish illegally taken can be added to the fine. First offense for taking shellfish by mechanical means ranges from $250 to 1,000 (misdemeanor) and the subject could lose the boat and all equipment. In addition, two convictions within a five-year period would result in mandatory license revocation and an administrative suspension of up to 6 months.

Are there different rules and catch limits for commercial vs. recreational shellfish harvesting? 

No permit is required for recreational shellfish harvesting from state lands. Local towns have additional restrictions on catch limits, size limits, season, type of gear and may require residency and additional permits. Recreational harvesters are required to check with the local town they are harvesting from for specific information.

Commercial shellfish harvesters are required to obtain a New York State Shellfish Digger Permit. This permit allows only the permit holder to harvest, cull, sort or tag clams, oysters, mussels and scallops taken from certified or open waters for commercial purposes. An additional Shellfish Digger Vessel Endorsement is required to allow a Shellfish Digger Permit holder to endorse his or her permit to a single vessel which covers all people on board the vessel while harvesting, culling, sorting or tagging hard clams and oysters. For state shellfish harvest limits visit www.dec.ny.gov/outdoor/29870.html.

How long has shellfishing been prohibited in Huntington Harbor?

Huntington Bay is certified (open) for the harvest of shellfish. Approximately 50 percent of Huntington Harbor (southernmost portion) was closed to shellfish harvesting in 1975. The harbor was entirely closed to shellfish harvesting by 1986. For information on shellfish closures in Huntington Harbor, refer to www.dec.ny.gov/outdoor/103483.html#Huntington_Harbor11.

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Patrick Young advocates for the Green Light NY bill to pass in the state legislature at the June 7 rally in Hauppauge. Photo by David Luces

Immigrant rights groups, religious leaders, labor union groups and residents rallied in Hauppauge June 7 to advocate for a bill that would allow undocumented immigrants to obtain driver’s licenses. 

People at the June 7 rally held signs supporting Green Light NY bill. Photo by David Luces

Proponents of the bill argue that it would improve public safety and the economy. The bill would require undocumented immigrants to take a driver’s license exam and be able to buy car insurance.  

“We are disappointed that the six Democratic senators have not come out in favor of Green Light yet,” said Patrick Young, program director of the Hempstead-based Central American Refugee Center. 

Jay Jacobs, the Nassau County Democratic chairman, recently said he called the six senators who represent Long Island to warn them about the potential political backlash of supporting the bill, according to an article in Gothamist.  

“Jay Jacobs advised them not to support the bill,” Young said. “There may be opposition to the bill, but the people who voted for [the senators] did oppose Green Light.”

According to Young, many of the senators campaigned in support of the bill but now have changed their stance. One of those he said in particular was New York State Sen. Monica Martinez (D-Brentwood). 

“She said she would support it, now she’s saying she’s not supporting it,” he said. “We need her to come back on board.” 

After the rally, volunteers began calling the six Long Island state senators in hopes of getting them to reconsider their stance on the bill. 

“We told them if you don’t vote for it for political reasons, we will start this campaign back up again in January,” he said. “This is not going away.”

Republicans in the state legislature have shared opposition to the Green Light NY bill, with many arguing that allowing undocumented immigrants to obtain driver’s licenses would leave county clerks and employees at local Departments of Motor Vehicles unable to truly verify authenticity.  

“We must put the brakes on this unfair proposal which ignores the overwhelming opposition of our citizens to grant this privilege to illegal immigrants,” said New York State Sen. John Flanagan (R-East Northport) in a release. “We must red light the Green Light bill that simply opens up our system to fraud and places a burden on county clerks and DMV employees to verify the authenticity of foreign documents as proof of identification,” 

New York State Sen. Ken LaValle had similar sentiments. 

Patrick Young advocates for the Green Light NY bill to pass in the state legislature at the June 7 rally in Hauppauge. Photo by David Luces

“I was a member of a New York State Senate Task Force on Immigration and I have studied this issue at great length,” he said in a release. “I remain steadfast in my position that granting driver’s licenses to undocumented immigrants is not good public policy, presents a clear threat to public safety and sends a wrong message to the law-abiding people I represent,”

Ivan Larios, of the New York Immigration Coalition, said there are misconceptions with this bill, one being that it will somehow allow undocumented immigrants to gain citizenship. 

“The bill will allow them to purchase a vehicle and get insurance,” he said. “And do everything by the books.”

Larios said in some cases many individuals decide to drive without a license and take the risk of being pulled over, though if they were to get into an accident it would leave them in a tough situation. 

“This is very important for families because it allows them to take their kids to school, go to work, do everyday stuff, said Larios. “And they would have to go through the same process [of getting a license] just like you and me have to go through.”

The bill has passed through the state assembly but is facing some opposition by Democrats, even in a Democrat-controlled state senate. The measure is expected to be voted on in the upcoming weeks. 

Young said every other Democratic in the state is supporting the bill and they have 25 co-sponsors as well as another six senators that would vote for the bill 

“Though none of them are from Long Island and that is horrific,” he said.

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Assemblyman Steve Englebright (D-Setauket) during a press conference at Port Jefferson Harbor. The LIPA power plant can be seen in the distance. File photo by David Luces

As the federal government under the current presidential administration has scaled back environmental measures — and at points denied the science behind climate change —members in the New York State Legislature are trying to go about it without the leadership of Uncle Sam.

That is, if it can pass before the end of legislative session.

“New York has to help lead the way, because we’re not getting any leadership at the federal level,” said Assemblyman Steve Englebright (D-Setauket). 

“You can just look at the weather reports for the nation — last year California burned, this year Texas is drowning. The amount of rain we’re getting is a result of an overheated ocean relaying more rain to the atmosphere. And on it goes.”

— Steve Englebright

Englebright, the chair of the environmental conservation committee, is sponsoring the Climate and Community Protection Act, which would establish a New York State Climate Action Council. It would contain 25 members made up of state agencies, scientists and those in the environmental justice, labor and other regulated industries. The council would be able to make recommendations to the state Department of Environmental Conservation to limit greenhouse gases. It would also be asked to report on barriers to and opportunities for community ownership of services and commodities in certain communities, particularly for renewable energy.

“An advisory committee that will have meaningful powers to make recommendations as we go forward — the stakes are so high on this issue,” Englebright said.

In addition, the bill would require the DEC to establish greenhouse gas reporting requirements and limits on emissions.

The bill was passed in the environmental committee and was referred to the ways and means committee in February.

The idea of an advisory committee is not new. A similar advisory panel was suggested in the New York State 2019-20 budget, but it was removed in the final version because some legislators disagreed with the number of people on the board and who would sit on it.

“Instead of 25, [Cuomo] had nine appointees; six of them are his cabinet members,” Englebright said.

In January during the process for crafting the budget, Gov. Andrew Cuomo (D) incited a “Green New Deal,” which would have been “comprised of the heads of relevant state agencies and other workforce, environmental justice and clean energy experts,” according to a January press release. The governor has set goals to reduce greenhouse gas emissions in New York State by 80 percent below the levels emitted in 1990 by the year 2050.

A spokesperson from the governors office said the governor is continuing to collaborate with the legislature on climate policy proposals.

Cuomo appeared on city radio WNYC’s show hosted by Brian Lehrer June 3. When the new climate change legislation was brought up, he said he was looking to attack the issue while not pretending change will happen all at once.

“I believe this is the most pressing issue of our time, but I don’t want to play politics with it and I don’t want to tell people we can move to a carbon free economy in a period of time that I know that we can’t.”

The end of this legislative session is June 19, and Englebright said he is crossing his fingers the bill can pass both assembly and senate before time runs out. 

He said the bill is especially important with the current administration in Washington. The New York Times reported June 3 that 84 environmental rules and regulations are being phased out by Trump and his appointees.

“We are seeing the effects of increased carbon dioxide and methane in the atmosphere on a daily basis,” he said. “You can just look at the weather reports for the nation — last year California burned, this year Texas is drowning. The amount of rain we’re getting is a result of an overheated ocean relaying more rain to the atmosphere. And on it goes.”

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Narcan, a drug that stops opioid overdoses. File photo by Jessica Suarez

By Donna Deedy

New York State Attorney General’s office announced March 28 that it has expanded a lawsuit against opioid manufacturers, distributors and members of the Sackler family, whose company Purdue Pharma made and marketed OxyContin.

The lawsuit, originally filed in Suffolk County, has now become the nation’s most extensive case to date to legally address the opioid crisis.  

Suffolk County Executive Steve Bellone (D)applauded the move.

“It is our hope that our lawsuit, and ones like it, will bear fruit that forever changes the way destructive—but profitable—drugs are marketed and sold across the nation,” he said.

“As the Sackler Family and the other defendants grew richer, New Yorkers’ health grew poorer and our state was left to foot the bill.”

— Letitia James

The lawsuit alleges that six national prescription opioid manufacturers, four prescription drug distributors and members of the Sackler family are largely responsible for creating the opioid epidemic through years of false and deceptive marketing that ignored their obligation to prevent unlawful diversion of the addictive substance. 

The amended lawsuit includes Attorney General Letitia James’  findings from a multi-year, industry-wide investigation of opioid market participants, which alleges that manufacturers implemented a common “playbook” to mislead the public about the safety, efficacy, and risks of their prescription opioids. 

“Manufacturers pushed claims that opioids could improve quality of life and cognitive functioning, promoted false statements about the non-addictive nature of these drugs, masked signs of addiction by referring to them as “pseudoaddiction” and encouraged greater opioid use to treat it, and suggested that alternative pain relief methods were riskier than opioids, among other grossly misleading claims,”  the attorney general’s office stated in its summary of the amended suit. The office claims that manufacturers used a vast network of sales representatives to push dangerous narratives and target susceptible doctors, flood publications with their deceptive advertisements, and offer consumer discount cards and other incentives to them to request treatment with their product. 

The manufacturers named in the amended complaint include Purdue Pharma and its affiliates, members of the Sackler family (owners of Purdue) and trusts they control, Janssen Pharmaceuticals and its affiliates (including parent company Johnson & Johnson), Mallinckrodt LLC and its affiliates, Endo Health Solutions and its affiliates, Teva Pharmaceuticals USA, Inc. and its affiliates and Allergan Finance, LLC.  The distributors named in the complaint are McKesson Corporation, Cardinal Health, Inc., Amerisource Bergen Drug Corporation and Rochester Drug Cooperative, Inc.

“As the Sackler Family and the other defendants grew richer, New Yorkers’ health grew poorer and our state was left to foot the bill,” James stated. “The manufacturers and distributors of opioids are to blame for this crisis and it is past time they take responsibility.” 

“This company and company’s owners knew the addictive quality and used it for financial gain.”

— Kara Hahn

The opioid epidemic has ravaged families and communities nationwide and across New York. Suffolk County has been particularly hard hit statewide. When the county originally filed its lawsuit, legislators reported that the region suffered the highest number of heroin deaths statewide.  Between 2009 and 2013, 418 people died of a heroin overdose. Many people turned to heroin when their prescriptions ran out.  The opioid related death tolls have continued to rise.According to New York State Health Department data for 2017, opioid pain relievers, including illicitly produced fentanyl, caused 429 deaths in Suffolk County. Over six thousand people were admitted for opioid addiction, including heroin, into the counties Office of Alcohol and Substance Abuse Services. 

“I applaud New York State Attorney General James for joining in our efforts to recoup untold amounts of public funds that were spent to assist those afflicted by this epidemic,” Bellone stated. “Suffolk County is taking a page out of Big Tobacco’s playbook to hold the Sackler family and others accountable for their role in connection with the opioid crisis.  

The Suffolk County legislature is proceeding with their lawsuit as it was originally put forward, but officials agreed with the state’s initiative.

“The pharceutical companies opened the flood gates,” said county Legislator Sarah Anker (D-Mt. Sinai). “I agree the Sacklers should be targeted for a lawsuit.”

County Legislators Anker, Kara Hahn (D-Port Jefferson) and William Spencer (D-Centerport) originally co-sponsored the bill.

“It’s an incredibly important that all responsible be held accountable,” Hahn said. “This company and company’s owners knew the addictive quality and used it for financial gain.”

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Joe Cognitore, commander of VFW Post 6249, dedicates much of his time to helping veterans and his local community. File photo

County and state officials plan on embarking on a statewide campaign to advocate for the restoration of funds for a veterans peer support program some have called vital. 

At a press conference March 15 Suffolk County Executive Steve Bellone (D) alongside state Sen. John Brooks (D-Massapequa) urged the state Legislature to restore funding for the Joseph P. Dwyer Peer Support Project, after the proposed executive budget of Gov. Andrew Cuomo (D) included no funding for the project.  

“It is our profound duty to serve our veterans both at home and abroad,” Bellone said. “Often times when our veterans return home they carry scars with them. The Joseph P. Dwyer Peer Support Project has a proven track record of assisting our veterans regain their lives and I urge Albany to reverse course immediately and fund this vital program.”

The project, which is overseen by Suffolk County Veterans Service Agency and Suffolk County United Veterans, aims to serve veterans, active duty members, reserve and National Guard troops suffering from post-traumatic stress disorder and other adjustment conditions. One of the program goals is to provide peer-to-peer support and counseling to veterans who are facing challenges transitioning back to civilian life, along with offering a safe, supportive space for veterans to interact with one another. 

Brooks, chairman of the state’s Committee on Veterans, Homeland Security and Military Affairs, spoke on the challenges many veterans face when they come home and the good the program does. 

“These are heroes helping heroes,” the state senator said. “This is a program that enables veterans with knowledge and understanding of issues like PTSD, traumatic brain injury, depression and substance abuse to meet with and counsel veterans who are suffering from one, or several, of these afflictions as a result of their service to our country.”

The senator stressed the urgent need for this program and others like it. 

The program is named after Pfc. Joseph Dwyer, a Mount Sinai resident and U.S. Army combat medic who had served in Operation Iraqi Freedom. After returning home and struggling with PTSD, Dwyer succumbed to his condition in 2008. Last year, 23 counties across the state received $3.735 million in project funding.   

Joe Cognitore, commander of VFW Post 6249 in Rocky Point, knows the program works and echoed Senator Brooks’ sentiments that programs like the Dwyer project are necessary and vital for veterans. 

“It’s veterans to veterans,” he said. “Mental health is an important issue.”

Cognitore said on a grassroot level the program works, and he was disappointed about the proposed funding cuts. 

“This is not a Democrat or Republican issue — it’s a bipartisan one,” he said. “We are all in the foxhole.”       

As chair for the VFW Department of New York Legislative Committee and a member of the VFW National Legislative Committee, Cognitore was in Albany lobbying earlier this month with other veterans groups urging lawmakers to restore full funds for the program. This year Suffolk County only received a $185,000 share of the money in the state budget.  

Previously, when the project had its full funds there were plans on expanding the program further into New York state, in addition to the already 23 participating counties. Similarly, two years ago, U.S. Rep. Lee Zeldin (R-Shirley) introduced legislation to expand the Dwyer program to the national level.  

Cognitore mentioned if he had another chance to speak with Cuomo and other lawmakers he would tell them not to slash the budget of a program without due diligence and background research. 

“It’d be one thing if this program wasn’t working but that’s not the case here — it works,” he said. “Put yourself in our boots, come visit us and see how the program runs.” 

Cognitore hopes lawmakers in Albany reverse course and restore funds to the program. He said they are fortunate to have county and state officials on their side who are committed to helping veterans. 

Bellone plans on traveling to the Hudson Valley and Western New York over the course of the next few weeks to build a coalition of state and local officials on the issue of restoring funding. 

Beginning in 2012, more than 10,000 veterans have participated in the Joseph P. Dwyer program countywide. Suffolk County is home to the largest veterans population in New York state.

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