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Public Outcry Leads to Hearings On Hoosick Falls Water Contamination


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Cuomo tours Hoosick Falls water filtration system with Senator Marchione (Photo: The Governor's Office)


Earlier this week Assembly Speaker Carl Heastie announced that the Assembly will hold public hearings on water quality in early September. The hearings are considered a long-overdue victory for environmental advocates and victims of water contamination emergencies across the state, such as in Suffolk County, Petersburgh, Newburgh, and most notably, in the village of Hoosick Falls. It was also seen as a potentially embarrassing development for Gov. Andrew Cuomo’s administration, which has fought off the perception that it failed to act quickly enough to address contamination in Hoosick Falls.

On Friday afternoon Senate Republicans announced they will also hold hearings into water contamination in Hoosick Falls.

Senate Majority Leader John Flanagan wrote in a statement that the "New York State Senate will hold public hearings in an effort to explore the sources of water contamination, examine state and federal oversight issues, and determine how we can prevent this from happening in the future. The first of those hearings will take place in Hoosick Falls. It goes without saying that we welcome the opportunity to partner with the Assembly to maximize the focus on this important issue."

Shortly after the Assembly hearings were announced this week, Politico NY reported that a congressional oversight committee has sought records from the Cuomo administration detailing its response to the water crisis in Hoosick Falls. Meanwhile, major New York electeds such as Democratic Sens. Chuck Schumer and Kirsten Gillibrand and Republican Rep. Chris Gibson have called for hearings on the federal level. Gillibrand met with Hoosick Falls residents on Friday for a roundtable on PFOA, the chemical that has contaminated the drinking water there.

“There's been a lot of work. A lot of moms in Hoosick Falls, we've been working together for weeks on this, taken to social media, holding news conferences, talking to local media,” Michele Baker, a local Hoosick Falls resident and staunch advocate for government action on this issue, told Gotham Gazette. “All to get our message out that for eighteen months, the Cuomo administration knew that our water was unsafe to drink, but they continued to allow us to drink it. We want the truth, and the truth is coming hopefully in the form of hearings.”

Hoosick Falls, a small village of 4,000 people in Rensselaer County, has been crippled by a water contamination crisis lasting almost two years to date. Concerns about the village’s water supply arose in 2014. Resident Michael Hickey asked to have the village’s water supply tested as early as August of 2014 for the manufacturing chemical perfluorooctanoic acid (PFOA), after his father died of kidney cancer. In November, water sampling results indicated PFOA levels of 180 parts per trillion to 540 parts per trillion; far greater than a provisional health advisory established by the Environmental Protection Agency (EPA) in 2009 of 400 parts per trillion, according to Hoosick Falls’ website. Yet, the EPA did not issue an official warning to the village against drinking the water until one year later, at the end of November 2015. The Cuomo administration delayed even longer, failing to classify PFOA as a hazardous substance and unlock State Superfund Site dollars to address the contamination until late January of this year. The governor pointed the finger at federal authorities and has said he doesn't think there is anything else the state could have done - a response that has intensified the calls for public legislative hearings.

In February, a bipartisan group of Assembly members announced that hearings on the Hoosick Falls water crisis would be held in April to examine the causes of water contamination issues statewide, as well as the government’s slow response to them. As April approached, however, support for the hearings essentially vanished. This sudden elimination of support may have been a product of private budget negotiations between the governor, the Assembly speaker, and the Senate majority leader, according to Politico NY.

On May 19, the EPA announced a new lifetime health advisory for PFOA, set at 70 parts per trillion. With the new advisory level, several other localities and communities across the country also suddenly found themselves with toxic drinking water, though the EPA still considers PFOA an unregulated chemical. This makes the advisory non-enforceable, and government response far from guaranteed.

“It's kind of surreal,” Baker said, of the daily challenges faced by residents who lack a safe source of water. “You totally take for granted going to the faucet in the morning to brush your teeth, to fill up the dog's bowl with water. So many times you go to the sink, and have to stop yourself, even six months into this year.”

Baker’s water comes not from the municipal water supply, but a private well, like thousands of other Hoosick Falls residents. In order to decontaminate her water supply, Baker had to have a private filter installed in her home, a process she said “was a mess. They weren't really sure what parts they needed, how to install them, how to get them to work.”

Amidst filters that continue to malfunction, long waits for PFOA test results of private wells, and ongoing bottled water rationing to residents from the local grocery store, the long-overdue hearings are apparently back on. They will be held by the state Assembly in Albany and Suffolk County in early September. Assembly Speaker Carl Heastie appears to fully support the hearings, stating in the announcement, "Recent reports of water contamination in municipalities across the state have highlighted the need for a thorough review of measures to ensure clean and healthy water in our communities.”

For Liz Moran of Environmental Advocates of New York, the hearings are an important first step in the prevention of future contamination issues. “We think it's important that what went wrong in Hoosick Falls, in Petersburgh, in Newburgh, is uncovered, to make sure that those mistakes don't happen again,” Moran told Gotham Gazette. “And to make sure that we learn from that experience, and we learn what to do going forward to make sure that we don't see any more water contamination in the state.”

Moran and others, however, agree that an important piece of the effort was previously missing without the state Senate’s support for the hearings. Moran recalls, “Senator Marchione earlier called for hearings, but since then she's been backtracking. And it's odd because she represents Hoosick Falls, and the residents in that community have been calling for hearings for as long as this has been going on. So we really hope the Senate heeds their call and joins the Assembly on this.”

Before the Senate committed to holding hearings, Baker also echoed this sentiment, saying, “No one knows, except Senator Kathy Marchione and Senate Leader John Flanagan, why they will not call for Senate hearings. It's unfortunate, but I think everything else has fallen into place under public pressure." Senator Marchione’s office did not respond to Gotham Gazette’s request for comment.

Perhaps in response to this "public pressure" the Senate finally stepped in on July 8, when Majority Leader Flanagan announced they would also be holding hearings, the first of which will take place in Hoosick Falls. The hearings are scheduled in August, prior to the Assembly's September hearings, most likely to make up for the Senate's delayed response to address residents' concerns. Senate Republicans enjoy a close relationship with Cuomo and many believe they had been working to shield the Governor from potentially embarrassing hearings.

While the August and September hearings appear to be focused on the prevention of future water contamination issues in the state, the federal government is also initiating a probe into the response of the EPA and state and county health departments to the Hoosick Falls contamination issue. According to the Times Union, the U.S. House Committee on Oversight and Government Reform sent letters to both Cuomo and the EPA on Wednesday, calling for information about their responses to the crisis. According to ABC News, the Committee wrote to Cuomo that it will be “looking into whether residents received misleading information that indicated the water posed no health risks, which exacerbated the crisis."

On Thursday, Cuomo spokesperson James Allen responded to the House Committee’s letter with the Governor’s willingness to cooperate with the investigation, albeit attempting to take some of the blame for the situation off the state level. “We will gladly share our experience in New York to clarify the facts and the steps we have taken to address these challenges,” Allen said in a statement. “We hope the end result is that Congress and the federal government act swiftly to prioritize and to implement uniform, nationwide regulations of PFOA and similar, currently unregulated contaminants. No town, city, or state should have to fear the water they are drinking. With clear federal regulations, we can achieve that goal.”

Moran praised the federal probe, saying “The residents in Hoosick Falls have been very dismayed, and really don't trust the government right now. They are frustrated that the pollution was supposedly known by the state for well over a year before they learned anything about it. So hopefully this probe will give them some answers and solace.”

Even if residents get the answers they desire, Baker feels it unlikely that relations will ever go back to normal between Hoosick Falls and the government, especially regarding the water supply, saying “many, many, residents will never trust it.”

Current and former residents in Hoosick Falls and other communities continue to struggle with the health effects of water contamination, many of which, like the cancers PFOA has been linked too, are irreversible. Baker stressed that water contamination is an issue that affects everyone at a personal level; “This didn't need to happen to my family and friends,” she said. “Every resident in Hoosick Falls now carries some measure of PFOA in their blood; and not by choice.”

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by Amanda Sherwin, Gotham Gazette
      

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Note: this article has been updated with news of the Senate hearings.

Assembly to Begin Implementation of Technology-Based Reforms


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photo via The Governor's Office


Earlier this year, Assembly Speaker Carl Heastie announced he would implement a series of recommendations -- proposed by the Assembly Workgroup on Legislative Process, Operations and Public Participation -- designed to increase transparency, efficiency and participation in the chamber. Some of those changes were voted on as rules reforms, others were made as pledges. But many of them that deal with technology, like a revamp of the Assembly’s website, posting more information about bills and committee hearings online and broadcasting hearings, were not implemented during the legislative session.

Assembly Democrats say staffers will begin implementing those technological improvements between now and the next session that begins in January. “It was difficult for the staff to work on these things while in session but now that legislative work is wrapped up they will begin to put many of these things in place,” Assemblymember Brian Kavanagh a Manhattan Democrat and co-chair of the 12-member workgroup that came up with the recommendations, told Gotham Gazette. “Now that we are in the off session we will be looking to get as many of these things in place as soon as possible.”

He stressed, however, that there is no “item-by-item deadline” to implement the reforms. Heastie’s office did not return requests for comment.

Assembly Republicans have criticized Kavanagh and his taskforce for taking nearly a year to recommend a series of “common sense” changes that don’t actually reform the power structure of the Assembly. They say the Assembly Democrats didn’t seek input on rules changes and have not kept them updated on implementation.

“They worked a whole year supposedly and came up with things that aren't particularly brave, that don’t change the power dynamic and (don’t) give members the ability to move their own legislation,” said Assembly Minority Leader Brian Kolb, a Republican from Canandaigua, to Gotham Gazette.

Some of the technology-focused changes the Assembly pledged to implement include making the functionality of the legislature’s bill-tracking system available to the public; creating a web portal that includes all information related to bills, including committee actions and evaluations by outside groups; the creation of a C-Span like legislative television channel; making the content of the legislative library searchable online and modernizing the Assembly’s phone system to include digital voicemail boxes.

"The recommendations put forth by the work group are thoughtful and comprehensive," Assembly Majority Leader Joseph Morelle said in a statement in March when the reforms were released. "These measures build on the steps that we have taken recently to introduce technology into our operations. While these new changes will take some time to put into operation, this investment will increase efficiencies as well as provide greater transparency and accountability."

The workgroup came together in the wake of the indictment of former Assembly Speaker Sheldon Silver on multiple federal corruption charges last year. Heastie, in his bid to replace Silver, promised to appoint a group that would look at changing how the Assembly operates.

Many good government groups had the expectation that the workgroup's proposals would help empower individual members while decreasing the speaker’s ability to control all legislation, something they saw as playing into the charges against Silver, who had long resisted calls for basic technological changes to increase transparency. The Senate Republican Majority made these changes long ago.

Those advocacy groups welcomed the workgroup’s eventual recommendations but saw them as failing to deal with the issues that lead to Silver’s indictment. “Watching this process is like watching paint dry,” said Blair Horner, executive director of the New York Public Interest Research Group. “They’ve done some good things but they haven't tackled anything to do with reforming the flaws in the system. It fits in with the overall Albany reaction to recent scandals, which has been to do nothing. Little has happened in the Assembly or in the Senate since Silver’s indictment that would really change anything. The name of the game has been public relations.”

John Kaehny, executive director of Reinvent Albany, said he has faith that the Assembly will make good on promised changes in a timely fashion. “Speaker Heastie has every reason to get this right to show he is a good manager and sincere leader,” Kaehny said. “He is under intense scrutiny by the press and watchdog groups and will lose a great deal of credibility if he can't manage to get these fairly modest improvements done on-time."

As much as Assemblymember Kavanagh would like things implemented quickly, he also wants to make sure any changes are worthwhile. “We need to do it right,” he said, “and make sure we create a high functioning system.”

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by David King, Albany editor, Gotham Gazette
     

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Rangel’s Replacement Decided, Other Uptown Races Take Shape


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Espaillat & co at unity press conference (photo via @EspaillatNY)


After 46 years and 23 terms, voters in the 13th Congressional District in Harlem have chosen someone other than Rep. Charles Rangel to represent them. The retiring 86-year-old, a legendary figure in Harlem’s political scene, appeared to want to extend his legacy by keeping the seat he had held for decades in the hands of an experienced politician of his choosing, but changing community demographics, a 2012 redistricting, and a crowded 2016 Democratic primary field seem to have thwarted his efforts.

State Senator Adriano Espaillat, who lost to Rangel in the 2012 and 2014 Democratic primaries, appears to have edged out a 1,200-vote win over his closest challenger and Rangel’s prefered successor, Assemblymember Keith Wright. After initially refusing to concede, calling for every vote to be counted, and demanding a federal investigation into voter suppression, Wright declared Espaillat the winner on Thursday. Rangel, Espaillat, and Wright held a unity meeting and press conference, with Espaillat saying he expected to have Rangel as a mentor.

Espaillat would be the first Dominican and the first formerly undocumented member of Congress. His win gives a boon to Hispanic political power, in New York City and elsewhere, while also showing a decline the strength of black political power in Harlem and nearby. In this heavily Democratic district, the winner of the party primary is a lock to win the November general.

The outcome has other implications, too, especially around the state Legislature, with a game of musical chairs appearing to commence.

While every vote in the NY-13 race is indeed counted, Espaillat’s apparent congressional victory lends clarity to the race for his state Senate seat and raises questions about Wright’s political future.

Wright, who chairs the powerful Assembly housing committee, pledged in early June not to seek reelection to his Assembly seat should he lose and challenged Espaillat to promise not to run for his Senate seat should his bid fall short. Espaillat’s camp dismissed the pledge as “desperate.” State legislative primaries are in September.

Contenders have lined up for both seats. Micah Lasher, a former chief of staff to Attorney General Eric Schneiderman, launched a campaign last month with the caveat that he would drop out if Espaillat lost his congressional bid and sought reelection to the Senate. With Espaillat’s victory Lasher now seems locked in for a primary battle against former City Council Member Robert Jackson, who challenged Espaillat in 2014. Jackson endorsed Wright in the congressional primary and attended Thursday’s press conference.

So far that race has featured Jackson attacking Lasher for his previous work for education reform group StudentsFirstNY, a pro-charter school group that has campaigned against Senate Democrats. Lasher’s camp has in turn pointed out that Lasher has personally supported Democratic candidates. Lasher has been consolidating support among many elected Democrats, though the race will gain even more clarity now that Espaillat's future is clear.

Less clear is the future of Wright’s Assembly seat. Wright endorsed City Council Member Inez Dickens to replace him (she was also at Thursday’s press conference), but with his loss many Harlem insiders wonder if Wright could renege on his promise. Wright may decide, though, to run for the Council seat Dickens is said to be leaving. There is plenty of chatter about Wright positioning himself to challenge Espaillat in two years, especially if he can work to ensure that there are fewer other black candidates in the running.

On Wednesday, Wright’s campaign invited reporters to an event featuring Wright and Rev. Al Sharpton, who had held a fiery rally condemning Wright’s opponents last weekend. Wright didn’t appear at the event and Sharpton struck a conciliatory tone, asking the district to come together to support Espaillat - which is what happened on Thursday.

“We need to have a climate of coming together, and not of acrimony and rancor that pits communities against communities inside the district,” Sharpton told reporters. Espaillat’s statement on Wednesday echoed Sharpton’s pleas for unity. “To those who voted for one of my worthy opponents - I pledge to work my heart out to represent you, knowing that our district is not a Latino or black or Asian district. It's a district that belongs to all of us, and we simply cannot succeed unless all of us are moving forward together," Espaillat said.

According to The Observer, Charlie King, Wright’s top advisor, who did attend the event on Wednesday, appeared to dismiss the possibility of Wright positioning himself for a future congressional run. “I either see him in Congress, or I see him hanging out with me in the private sector, having fun and going to the beach,” he said. “I would anticipate that whoever wins this race will likely hold the seat for years to come.”

What Wright does about his Assembly seat is the next shoe to drop as the Lasher-Jackson Senate race heats up. Dickens was an active supporter of Wright’s congressional campaign and appears keen to move to the Assembly. She will be term-limited out of the Council at the end of 2017. There are no term limits for state legislators, Wright has served in the Assembly since 1992. Neither Wright’s nor Dickens’ representatives responded to requests for comment for this story.

The practice of trading City Council and state legislative seats is fairly common and easily achievable due to the facts that almost all races in New York City are decided during the Democratic primary and city and state elections do not occur in the same years. Current Council Member Inez Barron ran for her husband Charles Barron’s Council seat after he was term-limited out of office - he then successfully ran for her Assembly seat the following year.

The practice has an extremely high success rate because the Democratic County Committees have major sway in who runs and gets political and financial backing. Wright is the head of the Manhattan Democrats and would likely be able to maneuver himself into an easily winnable race should he choose to do so.

If he does indeed decline to seek re-election, his replacement will be chosen in September’s primary (agian, by virtue of the fact that there is virtually no Republican presence in Upper Manhattan). If Dickens were to win the seat, she would leave the Council and Wright could then run in the special election to replace her.

***
by David King, Albany editor, Gotham Gazette
     

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