Monday, February 2, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 2, 2009 11 3:24 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR ANDREA STEWART-COUSINS, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT STEWART-COUSINS: 3 The Senate will please come to order. 4 I ask everyone present to please 5 rise and recite with me the Pledge of 6 Allegiance to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 The invocation today will be delivered by 11 Father Peter Young, of the Mother Theresa 12 Community of Albany. 13 FATHER YOUNG: Thank you, 14 Senator. 15 Let us pray. 16 We are citizens of New York State 17 that respect leadership. Yesterday our heroes 18 were on the football field, but today our 19 prayers are for a young Rochester police 20 officer in critical care, hopefully recovering 21 from a drug-bust shooting, who we now call 22 then our hero. 23 Our Senators are our elected 24 leadership and the pride of New York State.

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(518) 371-8910 1 May we continue see their greatness during 2 these days of economic stress so that we can 3 call upon You, O God, to bless them, all of 4 these Senators, for their public service to 5 our dedicated kind of call in this office of 6 the Senate of New York State to our citizens. 7 Amen. 8 ACTING PRESIDENT STEWART-COUSINS: 9 Thank you, Father Young. 10 The reading of the Journal. 11 The Secretary will read. 12 THE SECRETARY: In Senate, 13 Friday, January 30, the Senate met pursuant to 14 adjournment. The Journal of Thursday, 15 January 29, was read and approved. On motion, 16 Senate adjourned. 17 ACTING PRESIDENT STEWART-COUSINS: 18 Without objection, the Journal stands approved 19 as read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 24 Reports of select committees.

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(518) 371-8910 1 Communications and reports from 2 state officers. 3 Motions and resolutions. 4 Senator Klein. 5 SENATOR KLEIN: Madam President, 6 I believe there's a privileged resolution at 7 the desk. 8 I ask that the resolution be read 9 in its entirety and move for its immediate 10 adoption and to have Senator Thompson have the 11 opportunity to speak on his resolution. 12 ACTING PRESIDENT STEWART-COUSINS: 13 The Secretary will read. 14 THE SECRETARY: By Senator 15 Thompson, Legislative Resolution Number 254, 16 memorializing Governor David A. Paterson to 17 proclaim April 2009 as Electronics Recycling 18 Month in the State of New York. 19 "WHEREAS, It is the custom of this 20 Legislative Body to proclaim specific events 21 that bring attention and awareness to 22 important issues that affect the lives of the 23 people living in this great Empire State; and 24 "WHEREAS, Attendant to such

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(518) 371-8910 1 concern, and in full accord with its 2 long-standing traditions, this Legislative 3 Body is justly proud to memorialize Governor 4 David A. Paterson to proclaim April 2009 as 5 Electronics Recycling Month in the State of 6 New York; and 7 "WHEREAS, This Legislative Body 8 finds and declares that electronic equipment, 9 which contains priority contaminants that are 10 a cause of concern such as cathode ray tubes, 11 printed circuit boards, batteries, lead, and 12 other components, can have significant 13 toxicological effects on humans and the 14 environment when improperly disposed; and 15 "WHEREAS, Beginning June 12, 2009, 16 federal law will require that all full-power 17 television broadcast stations stop 18 broadcasting in analog format and broadcast 19 only in digital format; and 20 "WHEREAS, In anticipation of the 21 possibility that large quantities of 22 televisions will become obsolete as of said 23 date, it is the duty of the State of New York 24 and its local governments to encourage and

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(518) 371-8910 1 organize electronics recycling events 2 throughout the month of April 2009 and all 3 Aprils thereafter, until legislation is passed 4 making such practice law; and 5 "WHEREAS, The State of Minnesota 6 Legislature enacted the Minnesota Electronics 7 Recycling Act of 2007, which became effective 8 on July 1, 2007; and 9 "WHEREAS, Since the enactment of 10 the Minnesota Electronics Recycling Act of 11 2007, 33.6 million pounds of Covered 12 Electronic Devices have been diverted from the 13 waste stream and properly recycled according 14 to environmental regulations; and 15 "WHEREAS, From the total amount of 16 Covered Electronic Devices collected and 17 recycled, 45 percent came from special events 18 throughout the State of Minnesota; and 19 "WHEREAS, Getting in the habit of 20 recycling is of significant importance to the 21 environment and to the people residing in the 22 communities of New York State as well as those 23 living throughout the United States of 24 America; now, therefore, be it

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(518) 371-8910 1 "RESOLVED, That this Legislative 2 Body pause in its deliberations to memorialize 3 Governor David A. Paterson to proclaim April 4 2009 as Electronics Recycling Month in the 5 State of New York; and be it further 6 "RESOLVED, That a copy of this 7 resolution, suitably engrossed, be transmitted 8 to the Honorable David A. Paterson, Governor 9 of the State of New York." 10 ACTING PRESIDENT STEWART-COUSINS: 11 Senator Thompson. 12 SENATOR THOMPSON: Yes, Madam 13 Chairwoman, I first want to say this is a very 14 important resolution. 15 I think what we see happening on 16 the national level with our new president, 17 Barack Obama, really promoting the 18 environment, climate change, and so many 19 green-related issues. And this body has long 20 championed issues related to the environment. 21 We know that the United States of 22 America, since 2005, every year is putting 23 more and more computers into the waste stream. 24 And that's why it's so important to really

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(518) 371-8910 1 complement the efforts of local communities 2 that are promoting electronic recycling. And 3 the state needs to do a better job in leading 4 that charge. 5 So for example, since 2005, every 6 year -- in 2005 alone, 47 million computers in 7 our nation were thrown away. And so states 8 all across the United States of America are 9 moving forward with this issue. 10 And the reason why this is also so 11 important in our state is as we think about 12 when these computers are taken out of the 13 garbage, they're actually sent, in many 14 places, overseas. Just last year in 2008, and 15 in addition in 2007, different national 16 publications documented how the individuals 17 were going to third-world nations like Ghana, 18 Nigeria, and the other places where they 19 actually smash these computers, they try to 20 burn them as best they can, so they can get 21 whatever materials that are available. 22 And you can see them in Time 23 magazine, National Geographic, where these 24 individuals with no protective gear are trying

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(518) 371-8910 1 to get all of the things that are salvageable 2 and then wind up harming themselves and 3 getting all types of illnesses. 4 So anything that the states can do, 5 particularly like New York State, to promote 6 electronic recycling I think can be extremely 7 helpful. 8 One of the other things that I 9 wanted to note as well. Whether you look at 10 countries like Nigeria or Ghana or Pakistan or 11 China or India where children are often seen 12 sorting through computers, inhaling all types 13 of toxic materials. And if we can work hard 14 at this issue, I think we will make the world 15 a better place. 16 Let me also say that there are a 17 lot of different things that we can do outside 18 of having our own law in the state. Many of 19 our members, through their various 20 newsletters, through working with 21 environmental groups and their local 22 governments, we can also play a role during 23 the month of April in promoting electronic 24 recycling. It's extremely important.

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(518) 371-8910 1 If we look at our cellphones, if we 2 look at our computers, every month there's a 3 new computer that comes out. And as computers 4 become obsolete, we throw our old printers in 5 the garbage, we throw those old ink cartridges 6 in the garbage. We look at those monitors as 7 well. 8 These things we must do a better 9 job of protecting. And if we think about 10 what's going to happen this year in June with 11 all these outdated televisions -- you know, I 12 personally like my old TV that I got in 1989 13 for $120. I've lost two televisions since 14 then, but the one I bought secondhand for $120 15 when I was a student at SUNY Brockport, it's 16 still working. 17 But you know what? That television 18 is not environmentally friendly. Many of 19 these old TVs have lead in them. And those 20 TVs, many of them will be thrown away right at 21 the curbside today, tomorrow, and every day 22 over the next few days and the next coming 23 months. 24 We have to do a better job of

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(518) 371-8910 1 trying to contain these materials and trying 2 to find a way so that we can dispose of them 3 in an environmentally friendly way. 4 So I thank you. I won't take any 5 more of your time. But I think this is a very 6 important resolution. We have to make sure 7 that we "green" New York. I know that last 8 year the Senate Democrats talked about the 9 Green Apple Initiative. Well, we want to grow 10 that Green Apple tree this year so that we can 11 make New York State a better place. 12 Thank you. 13 ACTING PRESIDENT STEWART-COUSINS: 14 Thank you, Senator Thompson. 15 Senator Oppenheimer. 16 SENATOR OPPENHEIMER: I'd like to 17 commend the sponsor of this resolution. 18 This is an issue that I first 19 started studying about six years ago when 20 Inform, which is an environmental think tank 21 in New York City, put out a large study, which 22 was written by one of my best friends, 23 concerning electronic recycling in Europe, 24 particularly specifically in Germany.

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(518) 371-8910 1 And at that time it interested me, 2 and I started to pursue it. It turns out that 3 cellphones, there are millions and millions of 4 cellphones that are being discarded along with 5 our regular garbage waste. And computers are 6 larger and more significant to see, but the 7 number of cellphones that is going to 8 contaminate our landfills is amazing. I've 9 lost track of the multiples of millions. 10 In my community we started 11 recycling many, many years ago when I was the 12 mayor there. And we now do have electronic 13 recycling. We have it once a month, and we 14 have it on a day that is easy to see because 15 it is the fifth Wednesday of each month, which 16 comes around like every three months you'll 17 have a fifth -- whatever, a fifth Tuesday, a 18 fifth Wednesday. And that is when we take all 19 electronic products. And we have been able to 20 sell them back to the originators. 21 But I think what is done in Europe, 22 which I think is very interesting, is that the 23 responsibility to return the products is to 24 the manufacturer. And we might have some

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(518) 371-8910 1 difficulty selling this concept to some of our 2 businesses, but I think it really makes great 3 sense. Because then they can reprocess pieces 4 of this electronic equipment and it can be of 5 value to them. 6 So I think that's something that we 7 all should be looking at, perhaps thinking for 8 legislation during this year. 9 Thank you. 10 ACTING PRESIDENT STEWART-COUSINS: 11 Thank you, Senator Oppenheimer. 12 Are there any other Senators who 13 wish to be heard on the resolution? 14 The question is on the resolution. 15 All those in favor please signify by saying 16 aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT STEWART-COUSINS: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT STEWART-COUSINS: 22 The resolution is adopted. 23 At the request of the sponsor, the 24 resolution is open for multisponsorship by the

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(518) 371-8910 1 entire house. Any member wishing not to be a 2 multisponsor of the resolution should so 3 inform the desk. 4 Senator Klein. 5 SENATOR KLEIN: Madam President, 6 is there any other business at the desk? 7 ACTING PRESIDENT STEWART-COUSINS: 8 Senator Klein, the desk is clear. 9 SENATOR KLEIN: There being none, 10 Madam President, I move we adjourn until 11 tomorrow, Tuesday, February 3rd, at 3:00 p.m. 12 ACTING PRESIDENT STEWART-COUSINS: 13 There being no further business to come before 14 the Senate, on motion, the Senate stands 15 adjourned until Tuesday, February 3rd, at 16 3:00 p.m. 17 (Whereupon, at 3:39 p.m., the 18 Senate adjourned.) 19 20 21 22 23 24

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(518) 371-8910