CapCon: Departing DEC Chief's Legacy, Tish vs. Nassau County, Numbers of New York
We speak with departing DEC Commissioner Basil Seggos about his tenure; NY AG Tish James may sue Nassau County; Numbers of New York looks at supportive housing
Good afternoon — it’s Friday, and National Dress in Blue Day.
FRIDAY, MARCH 1, 2024
TODAY’S CAP CON: Departing DEC Commissioner Basil Seggos opens up about his time in office, and what he would’ve done differently; New York Attorney General Tish James may sue Nassau County Executive Bruce Blakeman; Numbers of New York looks at supportive housing; and more.
🔨 Is Monday a Session Day? Yes.
❄️ Tonight’s Weather: Albany: Increasing clouds, low 30s. New York City: Partly Cloudy, possible rain, high 30s (National Weather Service)
♻️ Departing DEC Head’s Legacy: Basil SEGGOS has been commissioner of the state Department of Environmental Conservation for more than eight years.
That makes him the longest-serving commissioner of that agency since its creation in 1970, which I did not know before this week.
But now, as he prepares to leave the role in the coming weeks, he’s starting to consider what his legacy will be after he’s gone.
He’s worked under two governors, and led the state’s top environmental agency through multiple crises.
He was also a co-chair of a state council that developed New York’s strategy for responding to climate change in the coming years.
I wanted to chat with Seggos before he left the job to reflect on his time as the state’s top environmental official, so we connected this week.
It’s not often that someone surprises me in an interview, but he did when we spoke about things he would’ve done differently if he had a do-over.
🌲 Mental Health: Seggos said he thinks a lot about two forest rangers who took their lives in as many years, and wonders if he could’ve done anything to save them.
“For me, as a leader of the agency, when that happens, I take it personally,” Seggos said. “I think I’m most self-reflective and self-critical about that point.”
That led him to prioritize mental health at the agency, and urge staff to talk to someone or otherwise seek help if they’re experiencing mental health issues.
“We don’t just come to these jobs and carry out our mission,” Seggos said. “We arrive in these positions with all of the baggage from our private lives.”
🚿 Hoosick Falls: It was about two weeks after Seggos started as state DEC commissioner in 2015 when the Hoosick Falls water crisis came into the spotlight.
PFOA, a contaminant suspected to cause cancer, was detected in the village’s water supply in 2014.
The state was involved in the response, but launched a coordinated strategy to help residents and the village in early 2016.
It was a situation that made national news. It was only about a year earlier that the water crisis in Flint, Michigan made headlines.
Seggos said he counts the state’s response to Hoosick Falls among his top accomplishments as commissioner.
Seggos directed the leader of each division in the agency to help with the response, which accelerated progress.
He said it showed how the DEC could mobilize to address a situation of pervasive pollution.
“It was really remarkable,” Seggos said. “It showed me just how incredible this agency is, and how we can be called to do anything the state needs.”
Residents of Hoosick Falls and environmentalists were critical of the state at the time for not acting sooner. The village had been in contact with the state months earlier, before Seggos came on board.
I asked Seggos if he would’ve done anything differently, looking back at how the crisis unfolded. He said he would have done more, earlier.
“I certainly would have jumped in at the very first moment with the full resources of the agency,” he said.
🌡️ Climate Response: Seggos also views the development of New York’s decades-long plan strategy on climate change as a hallmark of his tenure.
New York has some of the most ambitious climate goals in the country.
State law requires 100 percent zero-emission electricity by 2040 and a 40 percent reduction in greenhouse gas emissions by 2030, among other targets.
Seggos was a co-chair of the Climate Action Council, along with NYSERDA’s Doreen Harris. Since the council’s work ended, he’s been working on the plan’s implementation.
The council was responsible for coming up with a plan to meet the state’s climate goals.
That plan was completed by the council in late 2022.
“In many ways, it will help direct the state and its approach to the environment for several decades,” Seggos said. “I’m certainly proud of that.”
What will happen after he leaves remains to be seen. There’s been concern, as of late, that New York isn’t on track to meet its climate goals.
Seggos said he’s confident those targets can be reached, but that it’s not going to be easy.
“It’s going to be difficult,” Seggos said. “We need all levels of government and industry and society to agree to move forward on the same footing.”
🚪 What About That One Time?: Seggos is the longest-serving DEC commissioner since the agency was created, but his tenure there almost ended much earlier.
In 2018, Seggos was set to leave his post in state government. His departure was widely reported at the time, with the expectation that his successor would come on board in 2019.
But that didn’t happen. Seggos reversed course and stayed on as DEC commissioner.
I asked Seggos what convinced him to stay. He said there were two things: money, and his passion for the job.
At the time, pay for agency commissioners was capped at $136,000.
But they got a raise right after Seggos decided to leave. The cap is now $220,000.
“Money was an issue, but more than anything else, it was my love for the job at the time,” Seggos said. “And I’m glad I stayed.”
🖋️ AG May Sue Nassau County: The state attorney general’s office sent a cease-and-desist letter Friday to Nassau County Executive Bruce BLAKEMAN over an executive order targeted at transgender athletes.
The intent of the order is to ban transgender children from playing on sports teams that don’t align with their biological sex.
A transgender girl wouldn’t be allowed on a girl’s basketball team, for example, but could play on a boy’s or coed team.
Sandra PARK, chief of the AG’s Civil Rights Bureau, wrote in the letter that Blakeman’s order violates part of state law that prohibits discrimination on the basis of gender identity or expression.
“No New Yorker should feel unwelcome to participate in any event hosted on public property or in public facilities, including sporting events, based on a protected characteristic,” Park wrote.
She gave Blakeman five business days to rescind the order, and said if that doesn’t happen, it “may result in further legal action by the [office of the attorney general.]”
Blakeman held a press conference Friday to respond to the letter, which he said was “contrary to the law.”
He flipped Park’s argument, saying his order treats cisgender women as a protected class, as required in state law.
“We believe that, not only is the executive order legal and constitutional, but we believe by not doing so that we would be violating women’s rights,” Blakeman said.
He also said the county is ready to defend the order if the attorney general’s office decides to sue them, which isn’t unlikely.
“We will follow the law. We will follow the state and federal constitution. However, there may be a controversy with respect to this matter which may have to be adjudicated at some time in the future,” Blakeman said.
🥂 N.Y.’s Alcohol Laws: The Senate held a hearing Friday to examine the state’s Alcohol Beverage Control Laws, better known as ABC Laws.
The Legislature is considering changes to those laws this year, like a proposal to allow restaurants to buy products directly from liquor stores and permanent alcohol-to-go.
Those are two changes that a coalition of the state’s top trade associations for bars and restaurants wants to see happen.
The Cheers for Change Coalition includes the Business Council of New York and three trade groups representing bars and restaurants in New York.
They testified at Friday’s hearing.
They want the Legislature to approve a series of changes this year they say would benefit the state’s hospitality and liquor industries.
Aside from the two already mentioned, those groups want the state to create temporary beer, wine, cider, and liquor permits for licensees.
They also want the state to allow ownership of multiple liquor store locations. Right now, you can only own, or have an interest, in one.
“The state’s Alcoholic Beverage Control Law, the vast majority of which was drafted during the Prohibition era nearly 100 years ago, run counter to modern business practices and common sense,” said Scott Wexler, executive director of the Empire State Restaurant & Tavern Association.
👕 Retail Theft Response: The five presidents of their respective chambers of commerce in each borough of New York City are asking the Legislature to pass three bills related to retail theft.
Retail theft increased by about 45 percent in 2022 compared to 2021, according to city data.
The issue has also become a top priority for Gov. Kathy HOCHUL this year.
The three bills would add new consequences in the state’s criminal laws for people who commit retail theft and attack workers.
S1644: Would create a new class A misdemeanor charge for fostering the sale of stolen goods.
S4448: Would allow a charge of grand larceny if someone was convicted of petit larceny any time in the previous two years.
S5479: Would elevate an assault of a retail worker to a class D felony.
All three bills are sponsored by Democrats, who have a majority in both chambers of the Legislature. None of the bills have moved this year.
The chamber of commerce presidents sent the letter as part of a coalition of businesses and economic development organizations.
The politically influential Real Estate Board of New York, or REBNY, signed on to the letter as well.
“If we want to reduce vacant storefronts, see businesses thrive, and create more job opportunities, we need to ensure that retailers have every resource available to them and they are not losing valuable inventory to senseless theft at such an economically vulnerable time,” they wrote.
Using numbers to tell you about something in New York government, politics, or policy that you might not read about otherwise.
The Number: 9,000
Short Version: That’s the number of supportive housing units advocates say are underfunded through the New York State Supportive Housing Program, or NYSSHP.
Long Version: NYSSHP was created in the 1980s to combine housing for homeless people in need with services for those individuals, located onsite.
The program was the first of its kind in New York, and stood out across the country.
But now, about four decades later, advocates for supportive housing say the program doesn’t have enough funding to support 9,000 units.
Unlike other state programs, those units are funded solely through NYSSHP. Another state program, the Empire State Supportive Housing Initiative, allows more funding for units.
NYSSHP provides an annual rate of $2,736 per individual and $3,672 per family with no dedicated rental assistance.
ESSHI offers up to $25,000 per unit each year for social services and rental assistance.
Advocates for supportive housing want the state to transfer the 9,000 units currently funded through NYSSHP to ESSHI so they can receive more funding.
Okay, And: There’s support for the switch from a key lawmaker in the Legislature — Assembly Housing Chair Linda B. Rosenthal, D-Manhattan.
“We must be doing everything in our power to ensure the thousands of families in the NYSSHP funded housing receive the support they need and we can do that by converting those units to the ESSHI program,” Rosenthal said.
Hochul didn’t include the switch in her executive budget proposal in January, but that doesn’t mean it’s off the table. A final spending plan is due at the end of March.
🚗 Autonomous Vehicles: A539B BURGOS: Would create a regulatory framework for autonomous vehicles to operate in New York, with or without a driver, but would set certain requirements for them. (Amended)
🚘 Idling Cars: A8289B EACHUS: Would prohibit the idling of any passenger vehicle for more than three consecutive minutes. The intent of the bill is to improve air quality in densely populated areas. (Amended)
💵 After Incarceration: S6643A PARKER: Would increase the amount given to people upon release from incarceration from $40 to $2,550 over six months. The cost of the program would be $25 million, per the bill memo. (Amended)
The Times Union Bill Tracker: Your guide to key bills on the table in this year’s legislative session, compiled by the TU’s Capitol Bureau. Find it here.
🔨 Is Monday a Session Day? Yes.
🕕 Monday’s Committee meetings (3/04):
Senate Insurance | 12 p.m., CAP 124
The Assembly’s committee agenda hasn’t been released yet.
There are no hearings scheduled at the Capitol for Monday.
🔵 National Dress in Blue Day: Wear something blue if you’re out tonight to spread awareness of colon cancer, the third most common cancer when skin cancers are excluded.
The American Cancer Society estimates that there will be about 106,000 new cases of colon cancer this year.
But the rate of people getting diagnosed has dropped in recent decades as more people choose to get screened.
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