NEWS ANALYSIS
A Sure Deal on Brownfields? Don't Forget, This Is Albany
By WINNIE
HU
LBANY,
June 23 — It is generally understood that if a member of Albany's
all-powerful troika of Gov. George E. Pataki, Assembly Speaker
Sheldon Silver and Senate Majority Leader Joseph L. Bruno comes out
against a potential deal, it is dead on arrival.
But a deal can die even when everyone agrees to it.
That was the case last week with one of the most important pieces
of environmental legislation to come along in years. The governor
and the two legislative leaders struck an 11th-hour agreement to
completely restructure the way that the state pays for the cleanup
of toxic waste dumps. The plan also would have encouraged the
redevelopment of abandoned industrial sites, known as brownfields,
which blight urban landscapes.
For more than two years, the Democratic-controlled Assembly and
the Republican-led Senate have been at odds over how rigorous to
make the cleanup standards and have failed to pass any laws at all.
What resulted was a textbook case of Albany dysfunction: the state
Superfund program literally ran out of money in March 2001, and
thousands of toxic sites languished.
But in the final hours of this year's session, Albany's power
triumvirate finally worked out a compromise in a marathon bargaining
session that kept legislative aides up for 40 hours straight. It was
supposed to be passed in bill form before the Legislature officially
adjourned for the summer; indeed, all three men emerged from the
closed-door session to reaffirm that a deal was at hand.
Only it never happened.
While the reasons remain somewhat of a mystery, Mr. Pataki, Mr.
Bruno and Mr. Silver signed off on the brownfields issue sometime on
Thursday — the last scheduled day of session — but then the Senate
passed one version of it in the wee hours of Friday morning, and the
Assembly passed a different version about 18 hours later.
The deal was never sealed because the Legislature, unlike
Congress, does not have an automatic procedure to resolve
conflicting bills. For a bill to become law, the Assembly and Senate
must pass the same version. Until then, there are just two different
bills and plenty of filing cabinets in the Capitol filled with such
near misses.
"To get any good legislation passed in Albany, it's kind of like
watching `The Perils of Pauline,' " said Blair Horner, a longtime
lobbyist for the New York Public Interest Research Group. "At every
juncture, there's a hairpin turn. And at times, it feels like the
train is running out of control."
Aides for Albany's political leaders insisted today that there
remained a three-way agreement on brownfields, but the Senate, for
one, is not expected to reconvene until fall at the earliest. That
leaves plenty of time for industry groups and other opponents to try
to derail the deal.
"Once we digest the 108 pages of bill text, we're going to
communicate what we think about it," said Ken Pokalsky, the director
of environmental programs for the Business Council of New York
State.
In many respects, the glitch in the brownfields deal has as much
to do with the personalities behind it as with anything else. Mr.
Bruno can be obsessive about keeping to a schedule, to the point of
fining senators for showing up late. Governor Pataki and Mr. Silver,
on the other hand, apparently have no such compulsion. Both are
frequently late to their own news conferences.
While how it actually happened is a matter of debate, the
sequence of events on that final day — and night — of the session is
a matter of record. Sometime after the deal on brownfields was
struck, Mr. Bruno and his colleagues grew tired of waiting for Mr.
Silver to put the finishing touches on the bill.
So they ordered their own version of the bill printed early
Friday and, with support from the governor, quickly passed it. The
senators then filed out of their chamber around 5:30 a.m., a mere 20
minutes before the Assembly's version of the bill surfaced. It was
that bill that the Assembly later passed.
Since then, there has been no shortage of theories offered by
lobbyists and aides for the delay in the final bill. One theory has
it that the bill was entrusted to a junior staff member who fell
asleep while waiting for it to be printed. Another theory paints a
chaotic scene caused by a mix-up in bill numbers.
And, of course, there is the Senate theory. "The Assembly kept
delaying the printing of the bill by raising technical concerns
simply to keep us in town," said John McArdle, a spokesman for Mr.
Bruno.
Mr. Silver and his aides denied that charge, saying there were
complicated issues that required time.
Meanwhile, many environmentalists long accustomed to such twists
and turns in Albany politics have already shaken off their
disappointment.
"If that was the end of the story, then we'd all be miserable,
but that's not where it ended," said Jeff Jones, a spokesman for
Environmental Advocates, which has lobbied for the brownfields deal.
"We see the finish line, but the problem is, we're stuck in time. We
hope nothing happens between now and the fall to mess up the deal." |