Archive for July 2018

An Anniversary of a Public Health Achievement

Posted by NYPIRG on July 30, 2018 at 11:34 am

We live in an age in which it seems we’re surrounded by government mendacity, incompetence, and corruption.  Of course, there are legitimate reasons we all feel that way as we see the antics at the national and state levels.

But often unseen, government does its job.  And often the legislative process can work in ways that surmount the power of industrial powers for the public good.

Such is the case of New York State’s comprehensive Clean Indoor Air Act.  Last week was the 15th anniversary of a law that has helped to dramatically improve the public’s health.  Despite the intense opposition from the tobacco industry and its front groups, on July 24, 2003 a state law was approved that prohibited smoking in most public and private indoor work areas including bars, restaurants, and bowling facilities.

The law was intended to reduce exposure to secondhand smoke among non-smokers and among employees who work in hospitality venues.

The U.S. Surgeon General has stated that secondhand cigarette smoke was responsible for nearly 50,000 deaths nationwide annually, and is linked to increases in cancer, heart disease, and other lung diseases in adults.  In addition, secondhand tobacco smoke increases the risk for sudden infant death syndrome, low birth weight, asthma, ear infections, and other illnesses in children.

Five years ago, as part of a ten-year review of the impact of the law, the New York State Health Department estimated that in the first year after passage of the Clean Indoor Air Act there were approximately 3,800 fewer hospital admissions for heart attacks with an estimated cost savings of $56 million.

The success in passage of the law hinged on the hard work and advocacy of people like former New York City Mayor Michael Bloomberg who championed the measure in the City, which passed its law first and created momentum for a state law.  The sponsors of the legislation, then-Assemblyman Grannis and then-state Senator Fuschillo, fought hard to overcome stiff industry opposition.

But the success may not have happened if not for another of Albany’s scandals.  The evidence of the harmful effects of tobacco smoke on smokers and non-smokers alike had been widely known for years.  The tobacco industry and its allies were able to kill all previous efforts.  Yet, when internal tobacco industry documents surfaced as a result of states’ litigation against the companies, things started to change.

In 1999, tobacco industry’s internal records showed how the companies and their lobbyists had showered legislators with illegal gifts and pumped tens of thousands of dollars in contributions to then-Governor Pataki.  As media reports began covering these revelations, and the elections of 2000 loomed, Albany responded by approving sweeping anti-tobacco changes to show that those gifts had had no effect on pro-health legislation.

If it hadn’t been for the work of dogged journalists and independent researchers, those records may not have come to light and New Yorkers lives may not have been saved.

The story is not a complete happy ending however.  Despite raising tobacco taxes as well, in recent years under the Cuomo Administration state support for programs to help smokers to quit their addiction and to keep kids from starting have been slashed by over 50 percent.

This underscores the need for public demands for health protections.  Without constant civic advocacy, public health programs are too often on the budgetary chopping block.

As New York celebrates one of its greatest public health achievements, let’s hope that enlightened policymaking expands that celebration to other worthy public health programs.

Climate Change Fight Gets Some Help From Children

Posted by NYPIRG on July 23, 2018 at 11:42 am

Last week’s news contained far-flung events that showed how global warming is increasingly impacting the world’s politics.

In Washington, the Trump Administration’s plans to bail out the coal (and nuclear) industries took a hit with a new analysis showing that the scheme could cost Americans as much as $34 billion each year.   President Trump and Energy Secretary Rick Perry have been running a public relations campaign in support of coal in public appearances.  Yet in an effort to deny the public information on how their plan would work, the Department of Energy has revealed little about its specific plans to support coal and nuclear in the name of national security.

The only previous report on cost was issued by allies of the coal industry which estimated that the cost of the plan would be roughly $4 billion annually.

Last week, on behalf of non-coal energy producers, a consulting firm (the Brattle Group) analyzed several scenarios the Administration might employ to support nuclear and coal-fired power plants.  Its analysis estimated that the price tag will be much higher, instead claiming that the cost to Americans could be as high as $20 billion to $35 billion per year.

Of course any plan to bail out the coal industry has serious consequences, both financial and environmental.  The Trump Administration’s approach makes no sense on either count.  It will not only cost the nation billions to prop up dying 20th Century dirty technologies, but its approach also ignores the overwhelming evidence of the dangerous consequences of burning fossil fuels – evidence that is currently visible across the globe.

In southern Iraq, for example, riots have broken out during an unprecedented heat wave that has had temperatures hovering around 120 degrees Fahrenheit.  And while riots in that part of the world are the result of deep cultural, religious, and governmental problems (some of which have existed for hundreds of years), soaring temperatures coupled with lack of electricity for cooling and water shortages, combine to ignite simmering societal divisions.

Close to home, intense heat waves have had a deadly impact on people in Vermont and Quebec, which endured record-breaking heat earlier this month.

The failures to support science-based solutions is deeply frustrating to people all across the globe, but the reckless and dangerous policies of the Trump Administration – which is not only failing to act, but doing all it can to make things worse – is raising the temperature of politics in America.

Last week, children took to the streets to protest the national failure to respond aggressively to the human catastrophe caused by the burning of fossil fuels.  In events organized around the theme of “Zero Hour,” young people rallied against inaction and called for dramatic changes in environmental policies, based on science – in diametric opposition to the resource-plundering approach of the Trump team.

The organizers of the events use the term “Zero Hour” because there is no time left to address the rapidly increasing current damage and future dangers caused by climate change – among them heat waves, drought, rising sea levels, acidifying oceans, pollution, and violence.

The events focused on demands to curb, and eventually end, the use of fossil fuels to generate power.  Specifically, the events highlighted the need to ban all new coal, oil and gas infrastructure projects and set a goal of ending the use of fossil fuels by the year 2040.

While it is no doubt inspiring to see young people rising up to call for action to protect the planet they will inherit, it should give no real comfort to the rest of us.  Rallies inspire and motivate, but they alone do not change policy.  To do that, movements have to be built.

And there is no time to waste: in 30 years, when today’s children become the decision-makers, it will be too late.  Today’s adults will be making the decisions about whether to continue to invest in oil, coal and gas projects, or instead to dramatically ramp up investments in solar, wind, efficiency, and geothermal power projects.

Sadly, the adults in Washington are doing everything wrong.  They have built a movement on the falsehoods advanced by the fossil fuel industries and their front men, they have lied to the public about the known dangers of climate change, and they are advancing policies that will accelerate the carnage resulting from global warming.

While the children have pointed the way, adults need to act now.  To advocate for sane energy policies and to vote out of office those who refuse to act.  Zero hour means no time to left.  We all must act, and act now.

New York’s Corruption-Palooza Near Its End

Posted by NYPIRG on July 16, 2018 at 12:20 pm

Another week, another conviction.  The political establishment took another hit last week with the corruption conviction of former New York State economic development czar Alain Kaloyeros and key private developers of a major state-sponsored project.  Kaloyeros was Governor Cuomo’s right-hand man when it came to the state’s investments in hi-tech economic development projects, and in the case of the corruption conviction, the governor’s signature project was the so-called “Buffalo Billion.”

The “Buffalo Billion” is a commitment the governor made early in his tenure to generate investments of $1 billion in solar, medicine, and other hi-tech endeavors to jumpstart and anchor the economy in Buffalo, NY.  The plan was overseen by Kaloyeros who had been the state’s foremost advocate for putting public money in hi-tech public-private partnership investments across New York.

The U.S. Attorney’s case against Kaloyeros and a handful of private developers in Buffalo and Syracuse was that he rigged the state’s contracting process so state investments would go to benefit specific developers – all of whom had been large campaign donors to the governor.

The governor was not charged or directly implicated in this scheme.

The conviction follows one earlier this year when a top former aide to the governor, Joseph Percoco, was also convicted for violating the same federal law.  In the Percoco case, he was convicted of trying to rig government actions to benefit himself.  The proceedings also showed how he used his position to benefit campaign contributors as well.

It is clear is that the Cuomo Administration’s emphasis on secrecy and quick results raised the risk of corruption, a risk that unfortunately played out in both of these cases.

And while the courts have acted and the juries have done their work, both the governor and the Legislature have not.  Despite the staggering scandals that have rocked both branches of government, little meaningful changes have been approved to reduce the risk of corruption.

There have been no hearings, no public debate; there’s been little other than the sound of policy “crickets” when it comes to ethics reforms.

Instead, the leaders have argued that the convictions themselves show the system is working.  An assertion that is absurd.

Yes, federal prosecutors – with the help of dogged reporting by investigating journalists – successfully brought cases against corrupt public officials, but what happened to the state’s system of ethics enforcement?  Clearly, the schemes were hatched because the officials involved assumed that no one was watching, that in fact the system would not catch them.

And if it weren’t for federal prosecutors, they would have been right.

Albany is broken.  Corruption risks remain.  There are solutions that would help:

  1. Enhance the authority of the independently-elected state Comptroller to monitor spending. Early in the Cuomo term, the Comptroller’s powers were cut back, which may have sent a powerful signal that executive branch employees would be able to do as they please with little chance of getting caught.
  2. Make state contracting public. New York should approve creation of a “database of deals” that ensures better transparency and public oversight of the value of government spending.  In addition, all government-created corporations must be subject to the same openness requirements as state government.
  3. End “pay to play” campaign practices. Governor Cuomo promised in 2010 that he would dramatically restrict the ability of those seeking government contracts to shower elected officials with campaign contributions.  The state’s “pay-to-play” atmosphere was central to the narrative in the recent corruption trials.  Yet the governor has done little to achieve his stated goal.

These steps, and others – like closing the Limited Liability Company loophole, restricting the outside income of public officials and establishing an independent ethics watchdog agency – are critical to reducing corruption risk and restoring the public’s trust in its state government.

There is still time before the election this November to act.  Governor Cuomo should convene a special session of the Legislature to hammer out a deal to clean up Albany.  Unless actions are taken, voters should demand answers, answers as to why the state’s top elected officials presided over unprecedented corruption scandals and did nothing.  It’s time to take down the Corruption-Palooza sign down from the state Capitol.

Harmful Algae Blooms Put Water Supplies at Risk

Posted by NYPIRG on July 9, 2018 at 9:20 am

Summers are getting hotter as the planet heats up.  The combination of hotter summers and strong storms are not only inconvenient; they also can cause serious health problems too.

One example is the growing presence of harmful algae blooms in lake water.  Harmful algae blooms are more frequent and occurring earlier across New York and the nation.  They can pose a threat to recreation and can taint drinking water supplies.

Harmful algal blooms aren’t your typical green surface ooze that you may see on the top of lake waters.  While ugly to look at when at the surface, a bloom can also be dangerous, so much so that the state has a blanket policy to stay out of the water should there be evidence of one.

While every algal bloom isn’t toxic — some algal species can produce both toxic and nontoxic blooms — toxic blooms can cause problems for swimmers and other recreational users in the form of rashes or allergic reactions.  People who swim in a bloom may experience different side effects including nausea, vomiting, headaches, respiratory problems, skin rash and other reactions.  There have also been reports nationwide of dogs and livestock dying shortly after swimming or wading in a bloom.

When the blooms are found in drinking water supplies, it can result in that system being unusable for human consumption.  Last year, for example, Onondaga County’s Skaneateles Lake had multiple toxic blooms during the summer months.  The toxins threatened the drinking water of not only local town and village residents, but also those in the city of Syracuse and surrounding areas.

The blooms are a blue-green slimy substance.  They often crop up in late summer and early fall, (although they have started to show up in New York’s surface waters) when waters are warm and calm. They also need nutrients to bloom, so often they’ll be observed after heavy storms.

The nutrients they primarily rely on are phosphorus and nitrogen and the algal blooms have increased due to a rise in nutrient runoff from sources such as soil erosion from fertilized agricultural areas and lawns, erosion from river banks, river beds, land clearing (deforestation), and sewage effluent.  All of these are the major sources of phosphorus and nitrogen entering water ways.  These nutrients coupled with warm, calm water is the recipe for an algal bloom.

The state is charged with monitoring the types of runoff that can lead to algal blooms.  In the past year, the Cuomo Administration has offered financial support to a limited number of sites, but the spread of these blooms far exceeds currently available resources.

Unfortunately, the recent heat wave helped trigger some algae blooms that showed up in lakes and reservoirs across New York State.

According to the Department of Conservation, as of last week some 39 surface water areas had some evidence of algal blooms.  In Albany, for example, Washington Park Pond has some confirmed algae blooms.  Areas in which the New York City reservoir system is located (most notably in Putnam and Westchester counties) have had reports of algae blooms.

If you want to check out the lakes in which algae blooms are a concern, you can go to the DEC website, which has a harmful algal bloom notifications webpage that it updates weekly.  (Go to www.dec.ny.gov to see information on algal blooms.)

In August 2017, there were 66 lakes identified as being at risk of algae blooms, including the drinking water supplies for some towns in upstate.  For example, Auburn had to have its drinking water treated for contamination from algae blooms.

While we all must do everything possible to reduce the world’s reliance on fossil fuels and aggressively embrace energy efficiency programs and alternative energy sources, due to the amount of CO2 in the atmosphere, the planet will continue to heat up.  There is not much that New York can do to reduce the damage that has already been done and is fueling the current rising heat of the planet.  But when it comes to protecting surface waters and drinking water supplies, the state has to do a lot more to reduce the runoff from agriculture, landscaping and wastewater sources.  We must be proactive about protecting our drinking water supplies and recreational waters.

Failing to do so will drastically compound the looming catastrophe of what global warming is doing to the atmosphere.

A Democratic Party Political Earthquake in Queens

Posted by NYPIRG on July 2, 2018 at 11:26 am

Congressional primaries occurred across New York State last week and the big news – national news – was the defeat of Congressman Joseph Crowley, the long-time incumbent, Queens Democratic leader, and fourth-highest ranking member of the Democratic caucus in the House of Representatives.  Crowley was considered a strong contender to lead the House Democrats if current-leader Nancy Pelosi retired.

But in a stunning upset, Crowley decisively lost to never-having-run-for-office-candidate Alexandria Ocasio-Cortez, a political organizer who was tending bar until little over a year ago.

To call this a seismic political event is not hyperbole.

Why and how did this happen?

A look at the district’s changing demographics is one good indicator.  Crowley became a member of Congress in 1998 after the then-incumbent – and Queens Democratic Party boss – Thomas Manton filed for and circulated petitions for re-election, then withdrew on the last day it was legally possible to do so.  Manton had secretly arranged for his chosen successor, then-state Assemblyman Joseph Crowley, to replace him on the ballot.  It was so secret that reportedly Crowley wasn’t aware of this until Manton phoned him to tell him his name would be on the general election ballot.

That’s how a political party machine works.  It rewards those who have been good party members.  In this case, then-party boss Manton rigged the process so that Crowley would succeed him — cutting voters out by doing an end run around a primary.  And in New York City, outside of the borough of Staten Island, being on the Democratic line is a virtual guarantee that one will win.

And Crowley won the 1998 general election and has moved up the rungs of the House since then.

While he remained the Representative, party boss, and became increasingly powerful in the Congress, his district was changing.  The political boundaries changed twice and the demographic makeup of his constituents changed dramatically.  For example, when Crowley first became a member of Congress, his district was over 80 percent White, with about 8.5 percent Hispanic.  In 2002 after his first redistricting, his district was nearly 30 percent White and nearly 40 percent Hispanic.  In the latest redistricting, his district was 25 percent White and almost 50 percent Hispanic.

Crowley, a man of Irish descent, had less and less in common with his constituents given the changing racial and ethnic makeup of his district.  Ocasio-Cortez’s campaign hammered away that the district needed to be represented by “one of us” and her ads focused on the fact that Crowley’s family really lived in Washington and his children went to D.C. schools.  She also tapped into the “party boss” discomfort that many felt about the way political power was wielded in the borough.

Her message worked.  In many ways a classic case of a Representative losing touch with his constituents.

But it’s also a story of how few voters participate in consequential elections.  Democrats dominate the enrollment of the district, with nearly 236,000 members, compared to Republicans’ 36,000.  But Ocasio-Cortez won by garnering only 15,000 votes, roughly 6.5 percent of the eligible voters.  And her win in the primary makes it very likely that she will win in November.

Those observations shouldn’t diminish her victory – she won fair and square against great odds and was outspent 10-1.  But it does underscore just how poorly New York’s voting system works, or doesn’t.

New York State is considered one of the worst when it comes to voter participation.  The state’s poorly administered elections, registration obstacles, and rigged district lines undermine voter interest.  Usually, those barriers to participation coupled with the huge advantages of holding office keep incumbents in power.  In this case, it came back to bite them.

Here’s hoping that this result is a wake-up call to both political parties and their incumbents.  Voting is a right, not a process in which citizens have to prove themselves worthy by surmounting obstacles.  Using voting rules as an incumbent’s political weapon was never acceptable.  It’s long past time for New York to follow the best systems successfully being used in other states and allow early voting, election day voter registration, automatic registration when one becomes 18, more robust funding of polling places, and an elimination of the political parties’ control over elections.