Saturday, March 31, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 31, 2007 11 4:50 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 I would ask that all rise and 5 please join with all of us in reciting the 6 Pledge of Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: For our 10 invocation today, we're joined by a newcomer 11 to the Senate, the Reverend Peter G. Young, of 12 Albany, who works on Saturdays. 13 (Laughter.) 14 REVEREND YOUNG: As we have just 15 stood and sworn our allegiance to the American 16 Flag, we're very proud as New Yorkers to know 17 that the christening of the American Flag was 18 first flown in battle at the defense of Fort 19 Stanwick in Rome. 20 Therefore, it's with great pride 21 that we are able to serve in this chamber to 22 see that these Senators are following in this 23 rich patriotic tradition as the elected 24 leaders to fulfill Your call, O God, for 25 leadership for all of our citizens and to You

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(518) 371-8910 1 in New York State. 2 Amen. 3 THE PRESIDENT: Thank you, Father 4 Young, serving in his 48th year. 5 The reading of the Journal. 6 THE SECRETARY: In Senate, 7 Friday, March 30, the Senate met pursuant to 8 adjournment. The Journal of Thursday, 9 March 29, was read and approved. On motion, 10 Senate adjourned. 11 THE PRESIDENT: Without 12 objection, the Journal stands approved as 13 read. 14 We will now move to the order of 15 business. 16 Presentation of petitions. 17 Messages from the Assembly. 18 Messages from the Governor. 19 Reports of standing committees. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. 24 Senator Libous. 25 SENATOR LIBOUS: If we can go to

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(518) 371-8910 1 reports of standing committees, Mr. President, 2 there is a report of the Finance Committee at 3 the desk. 4 THE PRESIDENT: We'll move to 5 reports of standing committees. 6 The Secretary will read. 7 THE SECRETARY: Senator O. 8 Johnson, from the Committee on Finance, 9 reports the following nomination. 10 As Commissioner of the Department 11 of Environmental Conservation, Alexander B. 12 Pete Grannis, of New York City. 13 THE PRESIDENT: The chair 14 recognizes, on the nomination, Senator 15 Johnson. 16 SENATOR OWEN JOHNSON: I move the 17 nomination. 18 THE PRESIDENT: On the 19 nomination, the chair recognizes 20 Senator Krueger. 21 SENATOR LIZ KRUEGER: Thank you, 22 Mr. President. 23 I rise to support the nomination of 24 Pete Grannis as the next commissioner of the 25 Department of Environmental Conservation. And

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(518) 371-8910 1 I speak both for myself and the Democrats in 2 the New York State Senate. 3 I am Assemblymember Grannis's State 4 Senator; he is my Assemblymember. And so as a 5 result, we have been able to develop a very 6 close relationship of working together both 7 here in Albany and in our district at home. 8 And what I'd like to share on a 9 personal note is that Assemblymember Grannis 10 has an unbelievable commitment to the people 11 of New York State that he has shown for his 12 32 years in the Assembly and has shown through 13 his personal commitment to taking on the 14 challenge -- and it has been a challenge -- to 15 become the next commissioner of DEC in 16 New York State. 17 We've had several hearings, and 18 people have had an opportunity to learn about 19 Assemblymember Grannis's biography and all the 20 work he's done on behalf of the people of 21 New York State and the fact that he has a long 22 history as an advocate for the environment, as 23 someone who has an extraordinary respect for 24 and appreciation for the importance of 25 Environmental Conservation, but also the

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(518) 371-8910 1 technical knowledge to be the commissioner of 2 such an important agency. 3 He has worked on legislation with 4 so many of us throughout the years that is 5 relevant to the environment. He has technical 6 expertise in what the responsibilities of the 7 DEC are. But perhaps even greater than that 8 is Assemblymember Grannis's combined personal 9 commitment and skill in learning about the 10 issues that he might not know about, and his 11 openness and willingness to work with everyone 12 to hammer out hard fights to come to the 13 decisions that are in the best interests of 14 the people of the State of New York. 15 He does have a commitment to 16 protecting our open spaces and providing wider 17 access to the outdoors. He does have a 18 respect for the outdoor tradition. He 19 understands the different but equally critical 20 importance of urban environmental issues, 21 rural environmental issues and suburban 22 issues. 23 He understands that often there's a 24 balance between the needs of communities and 25 the needs of the overall environment that, as

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(518) 371-8910 1 the DEC commissioner, he must be the steward 2 of. Because let's be honest; if we aren't 3 protecting our environment, we're not writing 4 off our future, we're writing off our 5 children's future, our grandchildren's future. 6 And so to say that Pete Grannis 7 will be the DEC commissioner under the Spitzer 8 administration who will move us forward in the 9 21st century to ensure that we take on the 10 unbelievable difficult challenges of the 11 risking of global warming, of air pollution, 12 water pollution, brownfields, the problems of 13 invasive species to our agricultural industry 14 and to our parks, to balance out the needs of 15 our businesses with the protection of our 16 environment when dealing with questions of 17 pesticides and toxins, to deal with the very 18 difficult issues of how we do remediation of 19 pollution that has been left unchecked for too 20 many decades. 21 Sometimes I worried during the last 22 few weeks that the term "environmentalist" was 23 somehow a negative term when describing the 24 next commissioner of the Department of 25 Environmental Conservation. But in fact,

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(518) 371-8910 1 that's what we all are. We are obligated to 2 respect and protect our environment -- not 3 just ourselves and for our constituents, but 4 for the generations to come. And we are years 5 too late in taking on many of these issues. 6 And in closing, I can think of no 7 candidate that Governor Spitzer would have 8 proposed to us to be the commissioner of DEC 9 who is better suited, better skilled, better 10 qualified to take this enormous challenge. 11 So in my renomination and 12 confirmation of our nomination of Pete Grannis 13 for commissioner of DEC, I want to thank him 14 for his willingness to take on this enormous 15 challenge. Some people would argue that after 16 32 years in the Assembly, he could rest on the 17 laurels that he had so proudly and rightly 18 earned himself in all the years of good 19 legislation and great stewardship of his 20 district. And yet he is excited and motivated 21 to take on this very difficult job. 22 So I want to thank Pete so much for 23 taking on this new challenge, and wish my best 24 to his wife, Ainslie, who is here with us 25 today also, both of whom are dear friends.

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(518) 371-8910 1 Thank you, Mr. President. 2 THE PRESIDENT: Thank you, 3 Senator Krueger. 4 On the nomination, Senator 5 C. Johnson. 6 SENATOR CRAIG JOHNSON: Thank 7 you, Mr. President. I rise this evening to 8 support the nomination of Pete Grannis. 9 First, I want to commend Senator 10 Marcellino, the chairman of the Environmental 11 Conservation Committee. As the ranking member 12 of the EnCon Committee, I was very impressed 13 with Senator Marcellino's handling of the 14 hearing, its fairness, and the way the 15 questions were handled, his openness to other 16 members of the Senate not on EnCon to question 17 the nominee. 18 So I thank Senator Marcellino from 19 this side of the aisle for chairing that 20 committee in such a gentlemanly fashion. 21 For Pete Grannis, I wish to 22 congratulate you here tonight on your 23 confirmation. But I issue you a challenge. 24 It's a tough challenge. DEC, as we talked 25 about in the confirmation hearing, is one of

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(518) 371-8910 1 the most important agencies we have in 2 New York State. It does so much. And for 3 years it's faced budget cuts, it's faced 4 workforce shortages. 5 Tonight, when we vote on the 6 budget, hopefully we'll start the process of 7 restoring, restoring employees to the DEC, 8 making it easier for now Commissioner Grannis 9 to do his job for the men and women of this 10 state. But it's going to be a difficult job, 11 and we're going to have to stand with 12 Commissioner Grannis as he goes forward. 13 But what I took from the hearings 14 was his open-mindedness and his fairness. The 15 state, as large as it is and as diverse as it 16 is -- upstate, middle-state, downstate -- has 17 so many different interests when it comes to 18 the environment. And what I was impressed 19 with Assemblyman Grannis was his ability to 20 talk about the issues and express an 21 open-mindedness, to listen to everybody when 22 it comes to a particular issue, whether it's 23 hunting or fishing or trapping or whether it's 24 about greenhouse gases and the need to reduce 25 carbon monoxide within our state.

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(518) 371-8910 1 So I congratulate soon-to-be- 2 Commissioner Grannis, I look forward to 3 working with you in the DEC, and I wish you 4 the very best. Congratulations, sir. 5 THE PRESIDENT: On the 6 nomination, Senator Volker. 7 SENATOR VOLKER: Mr. President, 8 regrettably, as a representative of four 9 counties in upstate New York -- and I have had 10 many conversations with Pete Grannis, who I've 11 known for I guess 30, 32 years -- I'm going to 12 have to, as I did in the Senate Finance 13 Committee -- and I gave him the reasons that 14 make me speak against him. 15 Not as a person or as an 16 individual -- and I understand the difference 17 between we who live in upstate New York -- and 18 as I said to him, I think there many times is 19 kind of a chasm between the cultures of 20 upstate New York and New York City; in 21 particular, Manhattan. 22 The problem is that the people of 23 my district have made it extremely clear that 24 they are opposed to the nomination. And it is 25 true that some of the reasons is a

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(518) 371-8910 1 misunderstanding of the role of the Department 2 of Environmental Conservation. However, I 3 would also point out that the Department of 4 Environmental Conservation at times I think 5 has misjudged its role itself. 6 And although I congratulate you on 7 being the new commissioner, I have to say that 8 I only speak here to make it clear that on 9 behalf of the people of my district, I would 10 have to not support you, and as I did, 11 frankly, in the Senate Finance Committee, 12 regrettably. But I feel it's my duty to 13 represent the people of the four counties that 14 I represent in upstate New York. 15 THE PRESIDENT: On the 16 nomination, Senator Serrano. 17 SENATOR SERRANO: Thank you, 18 Mr. President. I rise to wholeheartedly 19 support the nomination of Assemblyman Pete 20 Grannis to this position. 21 As many may know, Pete Grannis was 22 sworn in to the Assembly the same year, 1975, 23 as my father, Congressman Serrano. And I grew 24 up hearing very fond talk, very strong talk 25 about the great work that Mr. Grannis was

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(518) 371-8910 1 doing. 2 And it was such pleasure two years 3 ago to be elected to a Senate district that 4 overlapped with Assemblymember Grannis and to 5 see firsthand how he got things done, how well 6 he worked with others. And it's rare to see 7 someone with that level of experience and that 8 wealth of knowledge that he brings to his 9 work, and I'm sure that he will do a wonderful 10 job in dealing with all the issues that we 11 have in our state. 12 In the 28th Senate District we have 13 major problems with brownfields and issues 14 with asthma in the South Bronx and in East 15 Harlem. And I feel very good about 16 soon-to-be-Commissioner Grannis and the work 17 that he will do on behalf of the residents, 18 not only of the 28th Senate District but 19 throughout the entire state. 20 So thank you, Mr. President, and I 21 support this nomination. 22 THE PRESIDENT: On the 23 nomination, Senator Marcellino. 24 SENATOR MARCELLINO: Thank you, 25 Mr. President.

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(518) 371-8910 1 As chairman of EnCon, I rise to 2 extend my hand to the incoming commissioner in 3 hopes that we can work together and will work 4 together in the years to come on the many 5 important issues that affect this state. 6 The Department of Environmental 7 Conservation, as has been said before, is one 8 of the key agencies in the state, probably the 9 largest enforcement agency the state has on 10 most important issues. 11 Brownfields legislation, that I 12 worked very hard on for many years to get 13 passed in this state, has a problem, and the 14 problem is in the development of the regs and 15 implementation of the regulations. I'd like 16 to work with you together on that, Pete, 17 because I think they need to be done and done 18 correctly. 19 The DEC's image, I think as you 20 heard in Finance and perhaps got a hint of in 21 the EnCon hearings, needs to change. There 22 are regions of this state that look upon the 23 department that you will be heading as the 24 enemy. That's not good. 25 It's the old joke, "I'm from the

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(518) 371-8910 1 government, I'm here to help you," and 2 everybody laughs. But it really isn't funny 3 when people look on the government as their 4 enemy. When the government official comes in 5 to try to help clean up water or clean up a 6 spill or clean up a problem or deal with 7 something, an issue that arises that's locally 8 important, and all of a sudden those people 9 are the enemy, that's not a good thing. 10 I think we need to work together to 11 change that. The department should be welcome 12 in all communities. In all communities. 13 Because as was said before during the hearings 14 and will be said many times again, nobody 15 wants dirty water, nobody wants foul land, 16 everybody wants open space and preservation. 17 We all want the good things for our families 18 and for our children and for our 19 grandchildren. 20 Yours is a tremendous 21 responsibility, it truly is. And you've got a 22 lot of work ahead of you to be done. I urge 23 you to be visible all over the state. Visit 24 all the regions more than once. Be a regular 25 face in those regions so they know who you are

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(518) 371-8910 1 and so you understand them and they understand 2 you. I think that will go a long way. 3 You were a legislator for 30-plus 4 years. You understand the process. You 5 understand consensus building. Before you can 6 get something done in a positive way, you know 7 people have to agree with you from diverse 8 origins and from diverse directions. I urge 9 you to remember that and never forget it, 10 because it will serve you well as 11 commissioner. 12 I wish you luck. You have my 13 cooperation. And God bless you. 14 THE PRESIDENT: Thank you, 15 Senator Marcellino. 16 On the nomination, Senator Bonacic. 17 SENATOR BONACIC: Thank you, 18 Mr. President. 19 First of all, a narrow 20 interpretation of the Constitution would have 21 us approve any nominee of the Executive as 22 long as he or she was not incompetent. 23 Competence or incompetence of a nominee, in my 24 view does not relate to political views, it 25 relates to the capacity to do the job.

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(518) 371-8910 1 I am of the opinion generally that 2 the Executive ought to have the nominee that 3 he wants so long as that nominee is an honest 4 broker in terms of controversy, that nominee 5 is not incompetent, and that nominee is not 6 related in any way to the Executive. 7 Just a little history; bear with me 8 a minute. Alexander Hamilton, in The 9 Federalist Papers, talks about having an 10 advice and consent clause which would "prevent 11 the appointment of unfit characters from State 12 prejudice, from family connections, from 13 personal attachments or from a view to 14 popularity." 15 What I take from this man's words 16 is that our constitutional responsibility is 17 to make sure that nepotism does not occur or 18 hacks are not appointed to this important 19 office. However, I believe we abdicate our 20 responsibility if we don't look at the history 21 of this nominee. 22 This nominee knows I have concerns. 23 The nominee knows that the DEC is probably the 24 most important position in our Senate 25 district. However, we deal, Senator Seward

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(518) 371-8910 1 and I, with watershed issues, we deal with 2 flooding issues, we deal with recreational 3 uses on city lands, state lands. And we have 4 sponsored legislation, with your help, to 5 force New York City DEP to open up their lands 6 so we could have more recreation, tourism, 7 economic vitality. 8 I deal with the DEC on economic 9 development in the watershed, on state support 10 for Belleayre, on whether the dams in our 11 district are safe, or upgrading the 12 campgrounds. I could go on and on and on. 13 In terms of voting for Peter 14 Grannis, I had to make sure that he understood 15 the issues; again, he would be an honest 16 broker. The nominee has assured me that he 17 will not try to ban or restrict hunting, 18 fishing, trapping. He has assured me that he 19 will work on all of these issues honestly. 20 I am aware that in my district some 21 sportsmen have concerns. They want me to 22 reject Peter Grannis. And I've given it a 23 great deal of thought. I am proud to support 24 the sportsmen and the Second Amendment rights 25 every year since I've been here. I am proud

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(518) 371-8910 1 to have voted against the efforts to limit the 2 Second Amendment in any way. 3 When we look at this DEC job, it 4 covers, as Senator Marcellino pointed out, a 5 variety of areas -- environmental permits, air 6 and waste management, air resources, 7 environmental remediation, solid and hazardous 8 waste, natural resources, water quality, 9 climate control, mineral resources. And we 10 can go on and on and on. This nominee has an 11 awesome area of responsibility and so much 12 subject matter to cover. 13 A manifest lack of qualification 14 does not mean that he would simply vote 15 differently than I on a single issue. If that 16 were the case, this chamber would be empty. 17 As a member of the Senate Environmental 18 Committee, I've asked Peter Grannis tough 19 questions, many questions, in many of the 20 areas that I've told you that his department 21 would cover. He was honest, he was 22 professional, he was competent. 23 The conclusion that I come to, 24 after he has testified, is that he will work 25 for all of us, he will be an honest broker

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(518) 371-8910 1 when there's controversy, and he's promised 2 that he would. 3 And this nominee knows that his 4 policies will be based on the Governor's 5 policies, and we all understand that, and that 6 the Governor will be responsible for the major 7 policy decisions on the environment. I 8 believe this nominee knows it. His testimony 9 demonstrates his competence, his honesty. And 10 for all of those reasons, I will be voting in 11 the affirmative. 12 Thank you, Mr. President. 13 THE PRESIDENT: On the 14 nomination, Senator Klein. 15 SENATOR KLEIN: Thank you, 16 Mr. President. 17 It's my privilege to rise today in 18 support of the nomination of Alexander Pete 19 Grannis as our new commissioner of the 20 Department of Environmental Conservation. 21 We all sometimes think to ourselves 22 on what type of an elected official we want to 23 be. And I think Pete Grannis is that elected 24 official. He's intelligent, he's passionate 25 about issues. He's truly, I think, someone we

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(518) 371-8910 1 consider a public man. 2 I had the privilege of serving in 3 the Assembly for ten years with Pete Grannis. 4 Sometimes we agreed; sometimes we didn't 5 agree. But always I respected him as someone 6 who understood an issue, was well-versed in a 7 whole -- really, a myriad of different types 8 of issues, be it housing, insurance. He's 9 someone who truly understands what it means to 10 be a legislator. 11 All of us now, I guess, in the 12 newspapers, we read an awful lot about reform. 13 Well, I think through his 30-plus-year career, 14 Pete Grannis lived reform. He was always on 15 the right side of issues, someone who is 16 beyond reproach, someone who really 17 understands what it means to be an advocate. 18 And I think the future of our environment will 19 be in great hands with our new commissioner, 20 Alexander Pete Grannis. 21 Thank you. 22 THE PRESIDENT: On the 23 nomination, Senator Morahan. 24 SENATOR MORAHAN: Thank you, 25 Mr. President.

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(518) 371-8910 1 I also rise in support of this 2 nomination. I attended EnCon hearings through 3 the confirmation process and also earlier 4 today the Finance Committee that forwarded 5 that nomination to the floor. 6 I first met Pete Grannis in 1981. 7 And at that time in the Assembly I was 8 impressed with his passion, his knowledge, his 9 hard work, and his attention to detail. 10 But I was more impressed in the 11 last several weeks as he went through the 12 confirmation process with his answers, his 13 approach to the new commissionership that he's 14 now going to assume, and gave me the answers I 15 needed so that I could vote for him with full 16 confidence. 17 Yes, he's able. Yes, he's 18 qualified. But some of the myths that have 19 clouded this nomination -- such as he's not 20 for hunters, when he grew up as a hunter with 21 his dad, that he continues to be an avid 22 fisherman today. That he's anti-gun. I don't 23 know whether he is or he isn't, but I know as 24 the DEC commissioner he will have nothing to 25 do with gun regulation or gun licensing.

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(518) 371-8910 1 I believe Pete Grannis is a 2 capable, honest, hardworking individual who 3 will take the DEC into new realms of concerns, 4 such as the dams that we have in our 5 districts, such as the oil spills that we have 6 in our districts, and contaminants, those 7 issues that affect our air, our water, our 8 environment, the great lands of the State of 9 New York, our great parklands. 10 And I know his management will 11 probably be a new dawning in that 12 commissionership, because so many of us in the 13 past have been somewhat disappointed with the 14 arbitrary, coldhearted way they would respond 15 as law enforcement people to constituent 16 concerns. 17 So, Commissioner Grannis, you have 18 my personal support and my congratulations, 19 and we'll be watching to see how you do this 20 great job that you're now going to assume. 21 Thank you, Mr. President. 22 THE PRESIDENT: Thank you, 23 Senator Morahan. 24 On the nomination, Senator 25 Schneiderman.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: Thank you, 2 Mr. President. 3 It's really with tremendous pride 4 that I rise in support of this nominee. We 5 get to cast a lot of votes in this house. I 6 cannot think of a better person to vote for 7 than Alexander Pete Grannis. 8 I appreciate the comments of 9 Senator Morahan and Senator Bonacic referring 10 to other fine American leaders. Senator 11 Bonacic spoke about Alexander "Pete" Hamilton, 12 another great New Yorker, who in fact was born 13 in Santo Domingo and then came to Upper 14 Manhattan, and so was one of my -- I consider 15 him the first of my constituents. 16 But I will say this. When I first 17 got to Albany and was really, frankly, 18 dismayed by what I perceived to be a certain 19 lack of integrity in the process and a lack of 20 intelligent and fair consideration of issues, 21 one of the people who I could look up to and 22 respect in every aspect of the legislative 23 process was Pete Grannis. 24 This is a guy who way before reform 25 came into fashion would pay for his own

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(518) 371-8910 1 dinner, would take care of his own matters, 2 would act against the direction of his own 3 leader in his house if it was what he believed 4 to be correct. 5 This is a guy who exemplifies the 6 concept of playing on a team but not losing 7 your integrity. I think he will make a great 8 commissioner. 9 And to all of my colleagues who 10 have questions about whether or not you 11 disagree with him on an issue or you're 12 concerned about the direction the DEC will 13 take, you cannot have a more honest broker 14 than Pete Grannis. I disagree with a lot of 15 people in this chamber on a lot of issues, but 16 there are people here who I have honest 17 disagreements with I respect and I know that 18 we can work things out. 19 You will disagree with some of 20 things that DEC does in the Spitzer 21 administration. But it is a big state. We 22 have a lot of pressing issues in my district. 23 We have people dying because of the poison in 24 our air and water. We have asthma rates that 25 are out of control. This is something that

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(518) 371-8910 1 requires attention. 2 The balance between the interests 3 of the people in the watershed and the people 4 who drink the water from the watershed is 5 very, very tough to maintain. But can you 6 honestly say that there's a member of this 7 Legislature who over the years has 8 demonstrated more intelligence and more 9 integrity than Pete Grannis? I think not. 10 And I think we should all be very 11 proud to rise in support of his nomination, 12 and I do so today. 13 Thank you, Mr. Commissioner. 14 THE PRESIDENT: Thank you, 15 Senator Schneiderman. 16 Point of information, Senator 17 Schneiderman. Alexander Hamilton was born on 18 the island of St. Croix, in 1751. 19 (Laughter.) 20 THE PRESIDENT: On the 21 nomination, Senator LaValle. 22 SENATOR LaVALLE: Thank you, 23 Mr. President. I rise in support of the 24 nomination. 25 For the First Senate District,

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(518) 371-8910 1 environmental issues are critically important, 2 whether it be preservation of open space, 3 protection of our waterways, quality of our 4 air -- very, very important. 5 During the Finance Committee, I 6 asked the man who will be our commissioner 7 questions about a project in the middle of 8 Long Island Sound that would begin the 9 industrialization of Long Island Sound. And 10 of course he gave a very temperate answer, 11 because his agency will be involved in making 12 decisions and he did not want to prejudice 13 that by his comments today. 14 Senator Schneiderman made a very, 15 very interesting point that even strengthens 16 my resolve on this nominee. Because I do know 17 that throughout his career he has held views 18 very strongly, sometimes in the face of 19 diversity, but he has held his ground. 20 Senator Bonacic said that policies 21 are set by the Governor. And so the Governor 22 will be very involved in how not only the DEC 23 but the Department of State will respond on 24 this very, very critical issue to not only the 25 First Senate District but Suffolk County.

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(518) 371-8910 1 And I know that Pete Grannis as the 2 DEC commissioner will make the strongest 3 possible case to oppose this project. Every 4 environmental group opposes it. Every elected 5 official in the first Senate district opposes 6 this project. It is a dangerous project. It 7 is a bad project environmentally. So I want 8 someone in that position who has the 9 intelligence, the ethical and moral standards 10 to stand up and do the right thing. 11 He mentioned in the Finance 12 Committee that this will be the first time 13 that a legislator will occupy this position as 14 commissioner of the DEC. And so there was a 15 myriad of questions from upstate, the Hudson 16 Valley, downstate. And so I believe that he 17 will use the 32 years that he has served in 18 the Legislature to understand when one of the 19 members in this house or the other house comes 20 to the DEC, and he will balance his decision 21 in a way that will give the best possible shot 22 for us to represent our constituents. 23 So, Pete, I wish you very good 24 luck. I know that you and I will have lots of 25 dialogue on environmental issues. And I know

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(518) 371-8910 1 that you will make that agency run correctly. 2 Just in closing, many years ago the 3 DEC in my district was not always a favored 4 agency. People, homeowners, small-business 5 people were just irritated by decisions coming 6 out of the regional office. 7 And so myself and at that time my 8 two Assemblymembers, during a political 9 campaign, came up with what was one of the 10 most popular radio ads. Someone comes on the 11 commercial and says: "There are initials that 12 strike fear in the hearts of men -- the IRS, 13 the FBI, the DEC." 14 I will say that a lot of very 15 positive things have happened in the last 16 15 years when that commercial was made. And I 17 hope that you will both enjoy and be strident 18 in representing our environment and the people 19 that use the environment, such as our 20 sportsmen. 21 Thank you, Mr. President. 22 THE PRESIDENT: Thank you, 23 Senator LaValle. 24 And the chair stands corrected. 25 Senator Stavisky has advised the chair that

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(518) 371-8910 1 Alexander Hamilton was born on the island of 2 Nevis, and it is affirmed by Google. 3 (Laughter.) 4 THE PRESIDENT: On the 5 nomination, Senator Stachowski. 6 SENATOR STACHOWSKI: I'm just 7 glad for the history lesson, among other 8 things that I've learned today. 9 I rise too to support the 10 nomination of Pete Grannis, not somebody 11 that's supported strongly by all the 12 sportsmen's groups. This was an interesting 13 situation I found myself in. 14 But in talking to Pete, reading up 15 on his background, getting reports back on the 16 Environmental Committee and the questioning, 17 and then sitting through the Finance 18 Committee, I have no doubt that he has 19 answered all the questions on whether he is 20 against hunting and fishing. 21 The interesting thing, as was said 22 in the committee, hunting is not about guns, 23 it's about a way of life. If you had taken 24 the time to read the speech that Pete Grannis 25 made to the conservation group a few weeks

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(518) 371-8910 1 back, you would have seen that he hunted 2 different game with his father and brothers, 3 and that one of the great thrills and memories 4 of his life is the look on his father's face 5 when he got his first buck -- with a bow, as 6 opposed to a gun. 7 Which, for those people that aren't 8 familiar with hunting, is much more difficult. 9 And maybe that's why some of the hunters don't 10 like Pete, because he did get it with a bow 11 and not with a gun. 12 I also found it interesting that he 13 answered the questions on trapping. I think 14 that's very important. He still is an avid 15 fisherman, so the fisherman can't really be 16 opposed to him. 17 I happen to agree with Senator 18 LaValle that if you're going to have an issue 19 that it's going to be important that the 20 commissioner is going to be fighting on, as 21 we've seen through the years here in Albany, 22 nobody fights harder on something they believe 23 in than Pete Grannis. And I think that 24 includes all of us. He's the equivalent of 25 anybody as far as determination when he

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(518) 371-8910 1 believes he's in the right. 2 I think that we all appreciate the 3 fight he did on clean air, and I think he'll 4 do the same on our air in general. I think 5 that he'll be a great advocate for all those 6 colleagues of mine that are from the city that 7 worry about the particulars that cause the 8 aggravation of asthma. I can't really say 9 that those particulars cause asthma, because 10 the last I've ever read, I don't think anybody 11 knows what causes asthma yet. So that's kind 12 of an interesting concept, but that's reality. 13 I think the fact is that all of us 14 as legislators, the one thing we look for in a 15 commissioner is when we have a problem in our 16 district and we go to the commissioner, we 17 want the commissioner to hear us, to 18 understand what the problem is, and to get 19 back to us with an answer. 20 I have every belief that Pete 21 Grannis will get back to us with an answer. I 22 don't know that it will be answer we want to 23 hear, but at least we'll get an answer. And 24 that's not always the case with a lot of 25 commissioners.

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(518) 371-8910 1 So to my mind, he's answered all 2 the questions that people wrote me about as 3 far as their concerns. He's covered all the 4 areas that I had an interest in besides the 5 ones that were written from people that said 6 you should vote against him because of this, 7 this and this, and I think he answered all of 8 those. 9 And I also think I will have a 10 responsive commissioner, somebody I'll be able 11 to work with over the years. And I look 12 forward to having those opportunities. 13 I support Pete Grannis. Thank you. 14 THE PRESIDENT: Thank you, 15 Senator Stachowski. 16 The chair now recognizes the 17 ubiquitous Senator Stavisky. 18 SENATOR STAVISKY: Thank you, 19 Mr. President. I've been called a lot of 20 things; that's the first time "ubiquitous" was 21 ever used. 22 I'm delighted to rise in support of 23 Assemblyman Grannis's confirmation. He brings 24 a sensitivity and understanding of the 25 legislative process, as well as a deep and

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(518) 371-8910 1 profound knowledge of the issues -- not only 2 the environment, but everything else upon 3 which it impacts. 4 I represent a district in Queens 5 which has a great deal of construction going 6 on, expansion, with many environmental issues, 7 particularly concerning water quality and 8 brownfields in, particularly, the 9 Flushing-Corona area. And I'm sure he will 10 understand these issues. And yet he brings, 11 in addition, an understanding of what's 12 important not only to my district in Queens 13 but to all parts of the state. 14 I thought his answers to the 15 questions today in the Finance Committee were 16 extremely impressive. He listened. He 17 understood. And he will be fair. And I think 18 that's really all we can ask of a candidate. 19 So I congratulate Pete Grannis. 20 And I think I've known him the entire 32 years 21 that he's been here. And I look forward to 22 working with him in the days ahead. 23 And incidentally, Mr. President, 24 Alexander Hamilton was also a Regent of the 25 State of New York.

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(518) 371-8910 1 (Laughter.) 2 THE PRESIDENT: On the 3 nomination, Senator Larkin. 4 SENATOR LARKIN: Thank you, 5 Mr. President. 6 You know, I've known Peter for 7 28 years, as I said in the Finance Committee. 8 Have we agreed on everything? No. I like 9 West Point, and he likes some other school. 10 But have I always found Peter to be 11 willing to discuss with you? When he came to 12 my office, he said: "I know you have 13 problems." We do have problems. Everyone in 14 this room has problems. But we're confirming 15 someone who's going to enter into an office, 16 he knows every one of us, he's worked with us 17 in one form or another of a committee. 18 Some of my colleagues, Neil Breslin 19 and I have had an opportunity to work with him 20 on a national thing, on insurance. Always 21 found him willing to take that extra step. 22 But let's remember, when you go to 23 an agency and you want to talk to him about 24 something -- I heard someone in the hallway 25 the other day said: "You know,I voted against

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(518) 371-8910 1 DiNapoli, but I've had to call him twice. 2 Guess what? He called me back." I expect 3 that's the same thing we'll get from Peter. 4 He's not being nominated to be the 5 pope, he's being nominated to take an agency 6 and deal with it. I can tell you in my 7 district, as I said in Finance, I have 8 outstanding working relationships with the 9 region. And I expect that, as some of my 10 colleagues said today, that they expect to be 11 able to work with Peter. 12 But remember, he knows us. He 13 knows that we have problems that he's dealt 14 with, maybe in another facet of it. Maybe it 15 was an opposite to what we wanted. But he is 16 going to deal with those as he sees best, 17 because he's got a job to do. 18 He's got a challenge to do. He's 19 going to get the bodies that he needs to do 20 them with. And I'm very confident that he's 21 going to represent the Governor, he's going to 22 represent the interests, and he's going to 23 work with us. Because if he don't, he'll hear 24 from us. 25 Congratulations, Pete. You've

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(518) 371-8910 1 earned it. 2 THE PRESIDENT: On the 3 nomination, Senator Padavan. 4 SENATOR PADAVAN: Thank you, 5 Mr. President. 6 You know, while you were trying to 7 decide where Alexander Hamilton had as his 8 origin, where he came from, I was reminded of 9 that fact that perhaps the greatest 10 environmentalist and the greatest 11 sportsman-hunter that this state ever produced 12 came from Manhattan, raised and born there. 13 His name was Teddy Roosevelt. 14 So the notion that Manhattan is a 15 foreign place to those who have an interest in 16 recreation that relates to fishing and hunting 17 and trapping and that sort is just 18 historically incorrect. 19 Also, when Senator LaValle was 20 talking, it came to me that it's a delight 21 that the Governor now feels an Assemblyman can 22 do a great job in a statewide position. No 23 reaction. 24 (Laughter.) 25 SENATOR PADAVAN: I've known Pete

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(518) 371-8910 1 Grannis, like many of you have, for a number 2 of years. We worked together on some very, 3 very significant legislation, and we got to 4 know each other on a personal basis because of 5 that. 6 And I can say without any doubt 7 that all of you who have indicated that his 8 motivation, his sincerity, his commitment is 9 unquestionable. And that this job, this 10 position is something that is, to him, perhaps 11 one of the greatest things that's happened in 12 his career. This is something he really 13 wanted to do and wants to do. 14 So when you put those things 15 together, a committed individual who's being 16 appointed to a position that was a goal of 17 his, a long-standing desire of his, there's no 18 doubt that he will be successful. And I'm 19 sure all of us will find that out in due time, 20 even those who have some questions about one 21 issue or the other that relates to that 22 agency. 23 It will be my honor and privilege 24 to vote in the affirmative. 25 THE PRESIDENT: On the

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(518) 371-8910 1 nomination, Senator Perkins. 2 SENATOR PERKINS: Thank you very 3 much. I just want to briefly lend my voice to 4 those who support Pete for this position. 5 You know, he has a vision for those 6 of us who are very concerned about 7 environmental justice. We know that we have a 8 friend in Pete Grannis from that point of 9 view, because we know that there are 10 communities not only in our city but 11 throughout this state that are suffering from 12 conditions that are aggravating the health of 13 children and the health of families. And that 14 he will be there with a vision of 15 environmental justice, with a vision of trying 16 to remedy those problems. 17 And we also know that he will not 18 just serve legislators. We know that he will 19 continue to have that very special common 20 touch that we've come to know about him as 21 we've been working with him over the years in 22 our communities, in his own community. 23 So I think that he will be the kind 24 of commissioner that will be accessible, that 25 will be visionary, that will be bold, the kind

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(518) 371-8910 1 of commissioner that we will all be proud to 2 have been associated with before he became the 3 commissioner and even more so now that he has 4 become the commissioner. 5 So in the words of those who were 6 so committed to his candidacy: "Free Pete." 7 (Laughter.) 8 THE PRESIDENT: On the 9 nomination, Senator Hannon. 10 SENATOR HANNON: Thank you, 11 Mr. President. 12 As I was looking over Assemblyman 13 Grannis's resume and looking at the long list 14 of legislative accomplishments, I was 15 reflecting upon the intellectual intensity he 16 and I have had over the past two decades, 17 cochairs or respective chairs of the Housing 18 Committee and things on the budget committee 19 in regard to health. 20 But it also struck me -- and the 21 point I just wanted to add was the experience 22 of being a legislator, the experience of 23 working legislation that affects every part of 24 this state is truly a great background for 25 becoming a commissioner of DEC, for moving on

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(518) 371-8910 1 to a managerial position. No one can really 2 know the type of learning experience, the type 3 of consultation experience that one has as a 4 legislator. 5 And I'm glad the Governor has 6 recognized that, that great can come out of 7 this legislative experience. I commend him on 8 his selection of Mr. Grannis to be 9 commissioner of the Department of 10 Environmental Conservation. 11 THE PRESIDENT: On the 12 nomination, Senator Montgomery. 13 SENATOR MONTGOMERY: Yes, 14 Mr. President, thank you. 15 I rise to congratulate Pete 16 Grannis, Commissioner Grannis. I knew him as 17 Pete long before I knew him as Alexander, and 18 I thought we had the wrong name for a while. 19 I want to just acknowledge also 20 that I have a relationship with Pete's son. 21 He is a wonderful dad. And his son and my son 22 played together at some point in time, 23 cavorting in the museum. We would meet once a 24 year. And he had the best handshake of any 25 youngster that I had ever met. So I'm happy

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(518) 371-8910 1 that he is here to witness his dad. 2 And also I want to say to Pete the 3 people in my district, the people who are 4 concerned about many issues are very happy 5 that we are here today to confirm you, because 6 we have some very, very difficult 7 environmental issues, and we look forward to 8 working with you. 9 As you perhaps know, some of the 10 worst "hot spots" in the nation are in my 11 district. And they're caused by a tremendous 12 overburden of traffic, which we have to live 13 with every day. 14 We have a huge problem with 15 contaminated -- with the combined sewage 16 overflow. Some of the people in parts of my 17 district and parts of Senator Connor's 18 district have a tremendous problem every time 19 it rains. And we're looking for a plan that 20 has to involve both the state and the city as 21 well as the federal government. 22 We have a number of contaminated 23 waste sites. And we really are looking 24 forward to being able to work with you on some 25 of these difficult issues.

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(518) 371-8910 1 So I congratulate you, I 2 congratulate your family. And we all of us, 3 even people who have expressed whatever 4 negative issues they've raised, I think that 5 the sentiment overall is that this is a very, 6 very large task and we certainly look forward 7 to being partners with you as you try to 8 fulfill your role. Congratulations. 9 Thank you, Mr. President. 10 THE PRESIDENT: On the 11 nomination, Senator Duane, to close for the 12 minority. 13 SENATOR DUANE: Thank you, 14 Mr. President. 15 You know, when I first saw the 16 Assemblymember's name come up on the agenda, I 17 thought it was sort of an early cruel April 18 Fool's joke. But in fact it was a piece of 19 good news that was being announced with the 20 agenda. 21 I have to say that when I first 22 came to Albany and discovered that majority 23 members don't always welcome minority 24 sponsorship of their legislation, I thought it 25 was frankly weird. And I looked to see who

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(518) 371-8910 1 didn't act that way legislatively, and I saw 2 that Assemblymember Grannis was one of the 3 distinct few who worked in a bipartisan manner 4 in the Legislature. And I thought that that 5 was great. 6 I have seen things in our state 7 from the beauty of our beaches on Long Island 8 to the majesty of the Adirondacks and, sadly, 9 things like the devastation of the floods that 10 have impacted the Southern Tier. And I have 11 to say that if Assemblymember Grannis is 12 anywhere near as good as he has been as an 13 Assemblymember, we're going to have a pretty 14 darn fine person looking over the environment 15 for this administration. And I know that he 16 is going to do a great job. 17 Thank you, Mr. President. 18 THE PRESIDENT: Thank you very 19 much, Senator Duane. 20 Our apologies; we did not recognize 21 Senator Connor. The chair recognizes Senator 22 Connor on the nomination at this time. 23 SENATOR CONNOR: Thank you, 24 Mr. President. 25 Mr. President, you were probably

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(518) 371-8910 1 thinking of Alexander Hamilton's mother, who 2 was from St. Croix, and left an abusive 3 husband and went to Nevis, where she met 4 Alexander Hamilton's father. Of course, he 5 later went to Kingston, Jamaica, and worked on 6 the docks, a 16-year-old, and so impressed the 7 businessmen that they took up a collection to 8 send him to New York for a fine education. 9 I was first elected 29 years and 10 seven weeks ago and assigned to Room 415 in 11 the LOB. And my next-door neighbor was Pete 12 Grannis. And this was very, very fortunate 13 for me, because I was under firm instructions 14 from my then district leader, who was the 15 director of the Environmental Action 16 Coalition, which I believe Pete had founded, 17 to, you know, "as soon as you get to Albany, 18 talk to Pete Grannis." 19 So I did, and we had many, many 20 conversations over the years about issues. 21 You know, newer colleagues have 22 said to me: What are these things? What are 23 these things in the desks? And, you know, for 24 many years after I got here this chamber was 25 smoke-filled. At one time certainly a

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(518) 371-8910 1 majority, an overwhelming majority of the 2 members would sit here during session smoking 3 cigars, pipes, and cigarettes. And members 4 look at me in shock. That's the way it was. 5 And my next-door neighbor, Pete 6 Grannis, one day said to me: "Hey, I've got 7 this new bill I'm going to put in, the Clean 8 Indoor Air Act." I said, "What's that?" He 9 said, "It's going to ban smoking indoors." 10 I said: "Pete, you know, I agree 11 with most of the stuff you do; I'm another 12 liberal reformer from New York City. But that 13 one will never fly. It will never happen, 14 never, ever. The public won't go for it." 15 So Pete was way ahead of the curve. 16 And he was very effective and persistent, not 17 just with that bill but with the other 18 significant legislation that Pete has guided 19 through this Legislature and negotiated 20 through this Legislature over the years. 21 And I do want to correct something, 22 though. I thought Peter Berle was an 23 Assemblyman before he was the DEC 24 commissioner, and I believe he was Pete's 25 predecessor in the Assembly. So Pete is not

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(518) 371-8910 1 the first time, he's just the first time in a 2 long, long, long time that we -- since we have 3 had a legislator appointed to this position. 4 But, you know, being a legislator, 5 you know, in the current atmosphere out there 6 for the last year or two, there seems to be 7 this tendency in the press or elsewhere to 8 denigrate the service we do, to denigrate the 9 way legislators perform their duties and 10 functions. But I happen to think that among 11 the best qualifications and experiences to 12 have are to have all of those years of 13 effectiveness as a legislator. 14 Because it requires not just 15 intellect -- which Pete has -- and not just 16 imagination and thoughtfulness and a 17 forward-looking nature -- which Pete has -- 18 but it also requires a skill which many of us 19 have in this Legislature, in both houses, 20 where we certainly hone and refine it over our 21 years of service here. If you don't have it 22 when you get here, if you're here long enough 23 and you're going to be successful, you will 24 have it. 25 And that's the ability to listen to

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(518) 371-8910 1 others, to reason with people, to be sensitive 2 to the public's concerns and to address them, 3 all the while keep your eye on the ball and 4 discharging your obligations. And I can't 5 think of skills or experiences that more 6 qualify someone to be commissioner of DEC. 7 I think the storm that certain 8 quarters brought against this nominee was 9 grossly unfair. It was based on a view of 10 people in New York City -- Senator 11 Padavan's -- Senator Padavan's here. You 12 know, not everybody in New York City is 13 against hunting. I have a license in my 14 pocket. I grew up, and I've said this many 15 times before here, I grew up hunting. My 16 grandfather first took me hunting, and I've 17 been in the city for a long, long time. And I 18 think that misapprehension of some of the 19 positions we sometimes take on behalf of our 20 constituents is unfortunate. 21 And I admit some of us from the 22 city do the same thing, same thing with 23 respect to some upstate concerns. Once upon a 24 time we had a Governor -- I won't go into 25 it -- who characterized hunters as having

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(518) 371-8910 1 something to do with six-packs of beer, 2 whatever. 3 But the fact is, we are one state. 4 Pete Grannis will be an excellent DEC 5 commissioner. He brings a wealth of 6 experience both in the political realm and the 7 substantive realm of dealing with 8 environmental issues. His career began early 9 on as an environmental lawyer. He will make 10 this state proud. 11 I congratulate the Governor on this 12 appointment, and I am proud to support the 13 confirmation of this nominee. 14 Thank you, Mr. President. 15 THE PRESIDENT: Thank you, 16 Senator Connor. 17 Are there any other Senators that 18 would like to speak on the nomination? If so, 19 please indicate. 20 Hearing none, the question is on 21 the nomination of Alexander Pete Grannis, of 22 New York County, as Commissioner of the 23 New York State Department of Environmental 24 Conservation. 25 All those in favor please indicate

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(518) 371-8910 1 so by saying aye. 2 (Response of "Aye.") 3 THE PRESIDENT: All those 4 opposed, nay. 5 (Response of "Nay.") 6 THE PRESIDENT: The chair 7 recognizes Senator Libous. 8 SENATOR LIBOUS: Mr. President, 9 could I have the record reflect that my vote 10 is in the negative on this nominee. 11 THE PRESIDENT: The record will 12 so reflect. 13 Any others wishing to vote no may 14 raise their hands, and we will record their 15 names. 16 The Secretary will read the names 17 of those who have raised their hands. 18 THE SECRETARY: Recorded in the 19 negative are Senators Farley, Griffo, Lanza, 20 Leibell, Libous, Little, Maltese, Nozzolio, 21 Rath, Robach, Seward, Valesky, Volker, Winner, 22 Wright, Young. Also Senator DeFrancisco. 23 Also Senator Maziarz. 24 THE PRESIDENT: The nominee is 25 confirmed.

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(518) 371-8910 1 (Extended applause.) 2 THE PRESIDENT: Alexander Pete 3 Grannis, you are hereby confirmed as 4 Commissioner of the Department of 5 Environmental Conservation. 6 Pete Grannis is joined in the 7 gallery by his wife, Ainslie, by his Albany 8 staff, and by his staff from the Upper East 9 Side of Manhattan, who came here without 10 compensation to bear witness to his 11 appointment. 12 He has served for over 30 years 13 with distinction, steadfast discipline and 14 critical honesty in the Assembly, and we wish 15 you well in your new role as Commissioner of 16 DEC. Congratulations. 17 (Applause.) 18 THE PRESIDENT: The chair 19 recognizes Senator Libous. 20 SENATOR LIBOUS: Mr. President, 21 can we go to motions and resolutions for the 22 adoption of the Resolution Calendar, please. 23 THE PRESIDENT: Motions and 24 resolutions. 25 All those in favor of adopting the

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(518) 371-8910 1 Resolution Calendar please indicate so by 2 saying aye. 3 (Response of "Aye.") 4 THE PRESIDENT: Opposed, nay. 5 (No response.) 6 THE PRESIDENT: The Resolution 7 Calendar is adopted. 8 Senator Libous. 9 SENATOR LIBOUS: Mr. President, 10 there will be an immediate meeting of the 11 Senate Majority in Room 332. 12 And the Senate will stand at ease. 13 THE PRESIDENT: There will be an 14 immediate meeting of the Senate Majority in 15 Room 332. 16 The chair recognizes Senator Duane. 17 SENATOR DUANE: Mr. President, 18 would you call on Senator Martin Malave Dilan, 19 please. 20 THE PRESIDENT: I'm sorry, I'm 21 having a little trouble hearing Senator Duane. 22 Can we have order in the house. 23 Senator Duane. 24 SENATOR DUANE: Mr. President, 25 would you recognize Senator Martin Malave

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(518) 371-8910 1 Dilan, please. 2 THE PRESIDENT: Senator Dilan. 3 SENATOR DILAN: Mr. President, 4 there will be a meeting of the Minority at 5 8:00 p.m. in Room 315. 6 THE PRESIDENT: There will be a 7 meeting of the Minority in Room 315 at 8 8:00 p.m. 9 The Senate stands at ease. 10 (Whereupon, the Senate stood at 11 ease at 5:58 p.m.) 12 (Whereupon, the Senate reconvened 13 at 9:03 p.m.) 14 ACTING PRESIDENT FARLEY: Senator 15 Skelos. 16 SENATOR SKELOS: Mr. President, 17 there will be an immediate conference of the 18 Majority in the Majority Conference Room. 19 ACTING PRESIDENT FARLEY: There 20 will be an immediate conference of the 21 Majority in the Majority Conference Room. 22 The Senate will stand at ease. 23 (Whereupon, the Senate stood at 24 ease at 9:04 p.m.) 25 (Whereupon, the Senate reconvened

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(518) 371-8910 1 at 10:12 p.m.) 2 THE PRESIDENT: Senator Bruno. 3 SENATOR BRUNO: Mr. President, 4 can we at this time call an immediate meeting 5 of the Finance Committee in the Majority 6 Conference Room. 7 THE PRESIDENT: We are certainly 8 going to call an immediate meeting of the 9 Finance Committee in the Majority Conference 10 Room. 11 SENATOR BRUNO: Thank you, 12 Mr. President. 13 THE PRESIDENT: Thank you, 14 Mr. Leader. 15 (Whereupon, the Senate stood at 16 ease at 10:13 p.m.) 17 (Whereupon, the Senate reconvened 18 at 10:32 p.m.) 19 SENATOR BRUNO: Mr. President. 20 ACTING PRESIDENT MORAHAN: 21 Senator Bruno. 22 SENATOR BRUNO: Mr. President, 23 can we return to reports of standing 24 committees. 25 I believe there's a report from the

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(518) 371-8910 1 Finance Committee at the desk. I would ask 2 that it be read at this time. 3 ACTING PRESIDENT MORAHAN: The 4 Secretary will read. 5 THE SECRETARY: Senator O. 6 Johnson, from the Committee on Finance, 7 reports the following bills: 8 Senate Print 2100D, Senate Budget 9 Bill, an act making appropriations for the 10 support of government; 11 2101B, Senate Budget Bill, an act 12 making appropriations for the support of 13 government; 14 2105D, Senate Budget Bill, an act 15 making appropriations for the support of 16 government; 17 2106C, Senate Budget Bill, an act 18 to specify; 19 2108C, Senate Budget Bill, an act 20 to amend the New York Healthcare Reform Act of 21 1996; 22 2109C, Senate Budget Bill, an act 23 to authorize funding; 24 And Senate Print 4090, by the 25 Senate Committee on Rules, an act to amend

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(518) 371-8910 1 Chapter 57 of the Laws of 2005. 2 All bills ordered direct to third 3 reading. 4 ACTING PRESIDENT MORAHAN: 5 Without objection, all bills direct to third 6 reading. 7 Senator Bruno. 8 SENATOR BRUNO: Mr. President, 9 can we at this time take up the bills that are 10 reported from Finance in regular order. 11 ACTING PRESIDENT MORAHAN: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 297, Senate Budget Bill, Senate Print 2100D, 15 an act making appropriations for the support 16 of government, PUBLIC PROTECTION AND GENERAL 17 GOVERNMENT BUDGET. 18 ACTING PRESIDENT MORAHAN: 19 Senator Bruno. 20 SENATOR BRUNO: Mr. President, is 21 there a message from the Governor at the desk? 22 ACTING PRESIDENT MORAHAN: Yes, 23 there is, Senator Bruno. 24 SENATOR BRUNO: Mr. President, 25 move to accept the message.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 motion is to accept the message. All in favor 3 say aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT MORAHAN: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT MORAHAN: The 9 message is accepted. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MORAHAN: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT MORAHAN: 17 Announce the results. 18 THE SECRETARY: Ayes, 61. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 298, Senate Budget Bill, Senate Print 2101B, 23 an act making appropriations for the support 24 of government, LEGISLATURE AND JUDICIARY 25 BUDGET.

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(518) 371-8910 1 SENATOR BRUNO: Is there a 2 message of necessity at the desk? 3 ACTING PRESIDENT MORAHAN: Yes, 4 there is, Senator. 5 SENATOR BRUNO: Move to accept. 6 ACTING PRESIDENT MORAHAN: The 7 motion is to accept the message. All in favor 8 signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT MORAHAN: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT MORAHAN: The 14 message is accepted. 15 The Secretary will read the last 16 section. 17 THE SECRETARY: Section 5. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MORAHAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MORAHAN: 23 Announce the results. 24 THE SECRETARY: Ayes, 61. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 301, Senate Budget Bill, Senate Print 2105D, 4 an act making appropriations for the support 5 of government, TRANSPORTATION, ECONOMIC 6 DEVELOPMENT AND ENVIRONMENTAL CONSERVATION 7 BUDGET. 8 ACTING PRESIDENT MORAHAN: 9 Senator Bruno. 10 SENATOR BRUNO: Mr. President, is 11 there a message of necessity at the desk? 12 ACTING PRESIDENT MORAHAN: Yes, 13 there is, Senator. 14 SENATOR BRUNO: Move to accept 15 the message. 16 ACTING PRESIDENT MORAHAN: The 17 motion is to accept the message. All in favor 18 say aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT MORAHAN: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT MORAHAN: The 24 message is accepted. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MORAHAN: 7 Announce the results. 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT MORAHAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 302, Senate Budget Bill, Senate Print 2106C, 13 an act to specify the manner of distribution. 14 SENATOR BRUNO: Is there a 15 message of necessity at the desk, 16 Mr. President? 17 ACTING PRESIDENT MORAHAN: Yes, 18 there is, Senator Bruno. 19 SENATOR BRUNO: I would move to 20 accept the message. 21 ACTING PRESIDENT MORAHAN: On the 22 motion to accept the message, all in favor say 23 aye. 24 (Response of "Aye.") 25 ACTING PRESIDENT MORAHAN:

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(518) 371-8910 1 Opposed, nay. 2 (No response.) 3 ACTING PRESIDENT MORAHAN: The 4 message is accepted. 5 Read the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MORAHAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MORAHAN: 12 Announce the results. 13 THE SECRETARY: Ayes, 61. 14 ACTING PRESIDENT MORAHAN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 304, Senate Budget Bill, Senate Print 2109C, 18 an act to authorize funding for the 19 Consolidated Local Street and Highway 20 Improvement Program. 21 ACTING PRESIDENT MORAHAN: 22 Senator Bruno. 23 SENATOR BRUNO: Mr. President, is 24 there a message of necessity at the desk? 25 ACTING PRESIDENT MORAHAN: Yes,

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(518) 371-8910 1 there is, Senator. 2 SENATOR BRUNO: I would move that 3 we accept the message. 4 ACTING PRESIDENT MORAHAN: On the 5 motion to accept the message, all in favor say 6 aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT MORAHAN: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT MORAHAN: The 12 message is accepted. 13 Read the last section. 14 THE SECRETARY: Section 18. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MORAHAN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT MORAHAN: 20 Announce the results. 21 THE SECRETARY: Ayes, 61. 22 ACTING PRESIDENT MORAHAN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 480, Senate Budget Bill, Senate Print 2108C,

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(518) 371-8910 1 an act to amend the New York Healthcare Reform 2 Act of 1996. 3 ACTING PRESIDENT MORAHAN: 4 Senator Bruno. 5 SENATOR BRUNO: Mr. President, is 6 there a message of necessity at the desk? 7 ACTING PRESIDENT MORAHAN: Yes, 8 there is, Senator. 9 SENATOR BRUNO: I would move that 10 we accept the message. 11 ACTING PRESIDENT MORAHAN: The 12 motion is to accept the message of necessity 13 from the Governor. All in favor say aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT MORAHAN: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT MORAHAN: The 19 message is accepted. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MORAHAN: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Announce the results. 3 THE SECRETARY: Ayes, 61. 4 ACTING PRESIDENT MORAHAN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 481, by the Senate Committee on Rules, Senate 8 Print Number 4090, an act to amend Chapter 57 9 of the Laws of 2005, amending the Education 10 Law. 11 ACTING PRESIDENT MORAHAN: Read 12 the last section. 13 THE SECRETARY: Section 11. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MORAHAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. Nays, 19 1. Senator LaValle recorded in the negative. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 Senator Bruno, that completes the 23 calendar. 24 SENATOR BRUNO: Mr. President, 25 handling the people's work as expeditiously as

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(518) 371-8910 1 we just did, we now should stand at ease until 2 11:45, when we hopefully will have two more of 3 the budget bills that are in the process of 4 being printed. 5 And at that time we will call a 6 Finance meeting, come back in, hopefully pass 7 those bills. 8 And then the intent is, since the 9 other two budget bills will not be printed 10 until early tomorrow morning, that we will 11 gavel out, gavel back in, and then reconvene 12 tomorrow, early, to finish the budget process 13 that we have started. 14 We have no other bills to come 15 before us at this time, so I would move that 16 we stand in recess until 11:45. 17 ACTING PRESIDENT MORAHAN: The 18 Senate will stand at ease until 11:45. 19 (Whereupon, the Senate stood at 20 ease at 10:40 p.m.) 21 (Whereupon, the Senate reconvened 22 at 11:51 p.m.) 23 ACTING PRESIDENT MORAHAN: 24 Senator Bruno. 25 SENATOR BRUNO: Good evening,

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(518) 371-8910 1 Mr. President. 2 Mr. President, can we at this time 3 have an immediate meeting of the Finance 4 Committee in the Majority Conference Room. 5 ACTING PRESIDENT MORAHAN: Yes, 6 you can. 7 There will be an immediate meeting 8 of the Finance Committee in the Majority 9 Conference Room. 10 The Senate will stand at ease. 11 (Whereupon, the Senate stood at 12 ease at 11:52 p.m.) 13 (Whereupon, the Senate reconvened 14 at 11:58 p.m.) 15 SENATOR BRUNO: Mr. President. 16 ACTING PRESIDENT MORAHAN: 17 Senator Bruno. 18 SENATOR BRUNO: Mr. President, 19 can we at this time return to reports of 20 standing committees. 21 Senator Robach, would you take your 22 seat? Thank you. 23 Mr. President, we need order in the 24 chamber. It is two minutes before midnight. 25 We're about to lose March 31st.

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(518) 371-8910 1 I would ask that the report from 2 the Finance Committee at this time be read and 3 move for its adoption. 4 ACTING PRESIDENT MORAHAN: The 5 Secretary will read. 6 THE SECRETARY: Senator O. 7 Johnson, from the Committee on Finance, 8 reports the following bill direct to third 9 reading: 10 Senate Print 2104D, Senate Budget 11 Bill, an act making appropriations for the 12 support of government. 13 ACTING PRESIDENT MORAHAN: On 14 motion to accept the report, all in favor 15 signify by saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT MORAHAN: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT MORAHAN: The 21 report is accepted. 22 Senator Bruno. 23 SENATOR BRUNO: Mr. President, 24 can we at this time take up Calendar Number 25 333.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 333, Senate Budget Bill, Senate Print 2104D, 5 an act making appropriations for the support 6 of government, HEALTH AND MENTAL HYGIENE 7 BUDGET. 8 ACTING PRESIDENT MORAHAN: 9 Senator Bruno. 10 SENATOR BRUNO: Mr. President, is 11 there a message of necessity at the desk? 12 ACTING PRESIDENT MORAHAN: Yes, 13 there is, Senator. 14 SENATOR BRUNO: I move we accept 15 the message. 16 ACTING PRESIDENT MORAHAN: On the 17 motion to accept the message, all in favor say 18 aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT MORAHAN: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT MORAHAN: The 24 message is accepted. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MORAHAN: 7 Announce the results. 8 THE SECRETARY: Ayes, 61. 9 ACTING PRESIDENT MORAHAN: The 10 bill is passed. 11 SENATOR BRUNO: Mr. President, is 12 there any other business that we should be 13 taking up on March 31st? 14 ACTING PRESIDENT MORAHAN: No, 15 Senator, there is not. 16 SENATOR BRUNO: Well, 17 Mr. President, there being no further business 18 to come before the Senate on March 31st, I 19 would move that we stand adjourned until 20 April 1, at 12:02 a.m. 21 ACTING PRESIDENT MORAHAN: On 22 motion, the Senate stands adjourned until 23 April 1st, at 12:02 p.m. 24 (Whereupon, at 12:01 a.m., the 25 Senate adjourned.)

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(518) 371-8910