Taking the podium a half hour after midnight Wednesday, New York State Assembly Speaker Carl Heastie officially called it a Session for the state Assembly.

“Well, well, well,” he said. “We came into this session this year laser focused on easing the financial burden on families.”

But his remarks also provided an answer to the question that had defined the day: the simple fact that he was making them meant the closely-watched Plastic Reduction and Recycling Infrastructure Act would not be coming up for a vote on the floor, despite making it through the committee process and onto the calendar.

Nor was it mentioned that behind closed doors, conversations involving the Speaker had reportedly been taking place regarding a small group of lawmakers who were considered to be in the yes column, but reluctantly. 

The Extended Producer Responsibility legislation would require large companies who earn in excess of $5 million to pay fees on packaging waste which would then go toward reduction initiatives while requiring a 30% reduction in packaging over 12 years, while also creating a advisory body.

Judith Enck, former EPA regional administrator under President Barack Obama and the bill’s chief advocate as president of Beyond Plastics, took aim at Heastie Wednesday, putting much of the blame on him for tanking the bill in the final hours.

“It’s very irresponsible, and I think New Yorkers need to know that it’s one guy standing in the way,” she said in an interview with Spectrum News 1.

Earlier, Enck released a statement going even further.

“There was a time when previous Speakers of the Assembly stood up for protecting public health and the environment. That time has passed,” she said. “There has always been special interest opposition to effective environmental bills, but this year, Speaker Heastie let those special interests win by not allowing the packaging-reduction bill to come up for a vote and blocking every major piece of environmental legislation,” she said. 

Enck slammed the State Assembly both for declining to act on the bill, but also for taking what she described as limited action on climate issues that the Senate had no problem moving bills on, amid a shift away from environmental policy in Washington.

“It’s a watered-down New York HEAT Act — nothing else — nothing else,” she said of the Assembly’s decision to simply repeal the 100 Foot Rule rather than a compromise bill that stood in for NY HEAT late in the session. “We are in a climate emergency, we are seeing unprecedented attacks from the Trump Administration.”

Heastie fired back implying to Spectrum News 1 in a statement that he did not in fact believe the votes were there.

“I personally was a “yes” on the bill, but what should be gone are the days of lazy advocacy that expect a top down approach from the Speaker. Instead of spending time attacking me and my character, I suggest Ms. Enck put in the work to gain the necessary support for her bills. Contrary to popular belief, I am the most accurate vote counter in the Assembly, so I have three words for Ms. Enck: "Continue the work." 

He went on to stress the action the Assembly has taken on environmental issues in recent years.

“Any suggestion that the Assembly doesn't take protecting the environment seriously is ridiculous and counter-factual,” the statement continued. “Over the last few years alone, the Assembly passed numerous landmarks laws including the Build Public Renewables Act, the Climate Leadership and Community Protection Act, the All Electric Buildings Act, the $3 billion Environmental Bond Act of 2022, and the Birds and Bees Protection Act just to name just a few, not to mention many other measures to ensure a cleaner environment.”

Enck said that the neither speaker’s personal stance nor his gauge on the vote tally are at the heart of her concern.

“He may support or oppose the bill— my point is let it come to the floor for a vote,” she said. “Put people on the record, if they’re influenced on the industry arguments then they vote no, if they like the idea of reducing single use plastics they vote yes. What’s really concerning is not even having these votes on the floor, in 2025 Assembly Democrats have a supermajority and they can’t stand up for a clean and healthy environment?” 

But Enck also acknowledged that advocates were likely simply outdone by business interests who lobbied relentlessly outside of the Assembly Chamber all the way through Tuesday evening to kill the bill.

“I do think it was the power of the special interest lobbyists at the end,” she said. “We were just out powered by them.”

Ken Pokalsky, vice president of the Business Council and a primary source of opposition, said there was plenty for doubtful lawmakers to consider in the closing hours.

“Is this something we really want to do, do we understand the bill well enough, have all these questions been answered and are they answerable, is this going to be costly and disruptive for consumers?” he said. 

Enck stressed that she and advocates will continue the push next session when she said the lift could be lighter given that it is the second of a two-year legislative term.

“You can’t give up,” she said. “You just have to keep coming back.”