Monday, April 20, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 20, 2009 11 3:13 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NEIL D. BRESLIN, 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 BRESLIN: The 3 Senate will come to order. 4 I ask everyone to rise and recite 5 the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: The 9 invocation today will be given by the Reverend 10 Peter Young, of Mother Theresa Community in 11 Albany. 12 REVEREND YOUNG: During these 13 times of economic stress, we can remember 14 instances when we needed a little mercy. 15 Maybe we needed an extension on a project. 16 Maybe we needed, maybe, a loan. Or, as often 17 the case, we needed forgiveness from someone 18 whom we had hurt. 19 Remember the sigh of relief when 20 mercy was granted and the grief and the 21 disappointment when mercy was denied. 22 O, merciful God, You have given all 23 these Senators what we need and constantly now 24 will guide us. Now grant that we will be

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(518) 371-8910 1 known for people as Senators generous in mercy 2 toward all of our New York citizens. May we 3 be known as Senators of mercy and of 4 forgiveness, now and forever. 5 Amen. 6 ACTING PRESIDENT BRESLIN: Thank 7 you, Father. 8 The reading of the Journal. 9 The Secretary will read. 10 THE SECRETARY: In Senate, 11 Friday, April 17, the Senate met pursuant to 12 adjournment. The Journal of Thursday, 13 April 16, was read and approved. On motion, 14 Senate adjourned. 15 ACTING PRESIDENT BRESLIN: 16 Without objection, the Journal stands approved 17 as read. 18 Presentation of petitions. 19 Messages from the Assembly. 20 Messages from the Governor. 21 Reports of standing committees. 22 Reports of select committees. 23 Communications and reports from 24 state officers.

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(518) 371-8910 1 Motions and resolutions. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, I 4 believe Senator Stachowski has a resolution at 5 the desk. I ask that the title of the 6 resolution be read and move for its immediate 7 adoption and allow Senator Stachowski to speak 8 on his resolution. 9 ACTING PRESIDENT BRESLIN: The 10 Secretary will read. 11 THE SECRETARY: By Senator 12 Stachowski, Legislative Resolution Number 13 1110, memorializing Governor David A. Paterson 14 to proclaim April 20, 2009, as Polish American 15 Congress Day in the State of New York. 16 ACTING PRESIDENT BRESLIN: 17 Senator Stachowski. 18 SENATOR STACHOWSKI: Mr. 19 President, I'd just like to point out that we 20 asked today to be Polish American Congress 21 Day. There's members of the Polish American 22 Congress in Albany today from different parts 23 of the state. 24 They're an important group that was

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(518) 371-8910 1 formed in 1944 to help point out the plight of 2 the Polish people back home in Poland, to 3 them, and to point out as they came out of the 4 Nazi oppression and then, as part of the Yalta 5 Agreement, fell under the control of the 6 Communist Russian administration. 7 But all through that time, they 8 kept support flowing to the people in Poland 9 and help for the people in Poland and help for 10 the people that lived here that came from 11 Poland, and celebrated when the Communist 12 regime finally ended with the Solidarity 13 Movement. 14 And still today they have a 15 constant Polish pride and pushing of Polish 16 traditions. And they do a marvelous job 17 working with Polish-American people and Polish 18 immigrants not only throughout New York State 19 but throughout the United States. 20 And we just thought it was a great 21 day to mention it and to have the Governor 22 recognize the Polish American Congress for all 23 the fine work that they do. 24 ACTING PRESIDENT BRESLIN: Thank

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(518) 371-8910 1 you, Senator Stachowski. 2 Can we have some order, please. 3 Senator Maziarz. 4 SENATOR MAZIARZ: Thank you very 5 much, Mr. President. 6 I want to rise and join in support 7 of this resolution. 8 I met with the representatives from 9 Western New York this morning from the Polish 10 American Congress, the Western New York 11 division, just to congratulate them on the 12 great work that they do in Western New York 13 and throughout New York State on keeping alive 14 the traditions of those hardworking Polish 15 immigrants who came to this country. 16 I particularly want to point out 17 the Monsignor Peter Adamski Polish School of 18 Buffalo that teaches Polish culture, Polish 19 language, Polish traditions on an annual 20 basis. They've been doing it for a long time 21 with funding from the Polish American 22 Congress, and they do an excellent job. 23 I don't think that -- the Western 24 New York folks are not in the room now. But

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(518) 371-8910 1 if they were, Mr. President, I would join all 2 of us in saying to them "Dziekuje." 3 Thank you, Mr. President. 4 ACTING PRESIDENT BRESLIN: Thank 5 you, Senator Maziarz. 6 Are there any other Senators 7 wishing to be heard on the resolution? 8 The question is on the resolution. 9 All those in favor say aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT BRESLIN: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT BRESLIN: The 15 resolution is adopted. 16 At the request of the sponsor, the 17 resolution is open for multisponsorship by the 18 entire house. Any member not wishing to be a 19 multisponsor please notify the desk. 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, I 22 believe Senator Griffo has a resolution at the 23 desk. I ask that the resolution title be read 24 and move for its immediate adoption and allow

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(518) 371-8910 1 Senator Griffo to speak on his resolution. 2 ACTING PRESIDENT BRESLIN: The 3 Secretary will read. 4 THE SECRETARY: By Senator 5 Griffo, Legislative Resolution Number 1431, 6 congratulating the New Hartford High School 7 Boys Hockey Team and Coach John Cunningham 8 upon the occasion of capturing the 2009 New 9 York State Division II Championship. 10 ACTING PRESIDENT BRESLIN: 11 Senator Griffo. 12 SENATOR GRIFFO: Thank you, 13 Mr. President. 14 I want to extend a warm welcome to 15 all the individuals from New Hartford High 16 School, the New Hartford Spartan high school 17 team that is here today. 18 They're joined by the 19 superintendent of schools of New Hartford, 20 Mr. Bob Nole, who is here, as well as the 21 athletic director, Pete Alvanos, and the 22 coaching staff -- Head Coach John Cunningham 23 and his assistants, Jerry Malloy and Carson 24 Cunningham.

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(518) 371-8910 1 But I think this is a remarkable 2 story. These young men truly exemplify not 3 only exceptional athletes, but they are great 4 role models to look to from all segments of 5 our community. Because what they accomplished 6 through the course of this year was truly 7 remarkable. They were 28 and 2 over the 8 season; it's a single high for wins in the 9 school's history. They are the New York State 10 Division II ice hockey champions as well as 11 the Section III champions. 12 But I think, again, what is the 13 most impressive aspect is that these young men 14 came together this season, they set goals, 15 they continued to work together, to work hard 16 to achieve those goals and to ultimately be 17 successful. 18 And I think that is the great thing 19 today. Not only we do we respect the athletic 20 prowess that all of them have; many of them 21 are going on to pursue higher education, those 22 seniors, and some also professional careers, 23 potentially, in hockey. 24 But I think today, as I said, what

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(518) 371-8910 1 I really take great pride in is that these 2 young men who come from our area have 3 represented the community of New Hartford and 4 the Greater Oneida County area so well as they 5 went out, not only in sportsmanship and how 6 hard and competitive they were and how they 7 played the game, but how they conducted 8 themselves too. 9 So to all of the young men who have 10 come here today, this is truly deserving 11 recognition. Not only do we applaud this 12 outstanding season record and your coaches for 13 what you have been able to do -- Coach 14 Cunningham over 19 years has proven not only 15 continuity, but also that he has been creative 16 in not accepting things for what they are but 17 to continue to strive for future success. 18 So hopefully the lessons that you 19 have learned here that you will take with you 20 now in your future careers, as you pursue 21 them: All things are possible. And we are 22 proud of you, not only what you did 23 athletically, but how you conducted yourselves 24 as residents and citizens of the State of

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(518) 371-8910 1 New York. Congratulations to each and every 2 one of you. 3 And you may want to join me in 4 applause. 5 (Applause.) 6 SENATOR GRIFFO: Stand up. The 7 New Hartford High School Boys Hockey Team. 8 (Applause.) 9 SENATOR GRIFFO: Thank you, 10 Mr. President. 11 ACTING PRESIDENT BRESLIN: Thank 12 you, Senator Griffo. 13 Are there any Senators wishing to 14 be heard on the resolution? 15 The question is on the resolution. 16 All those in favor say aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT BRESLIN: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT BRESLIN: The 22 resolution is adopted. 23 Again, congratulations to the 24 New Hartford High School Boys Hockey Team and

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(518) 371-8910 1 their Coach John Cunningham. Thank you very 2 much. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, I 5 have a couple of motions. 6 On page number 13, I offer the 7 following amendment to Calendar Number 139, 8 Senate Print 2967, and ask that the said bill 9 retain its place on the Third Reading 10 Calendar, on behalf of Senator Liz Krueger. 11 ACTING PRESIDENT BRESLIN: So 12 ordered. 13 SENATOR KLEIN: Also, the second, 14 a Senator's motion to recommit, striking the 15 enacting clause. I move that the following 16 bill be discharged from its respective 17 committee and be recommitted with instructions 18 to strike the enacting clause: Senate Bill 19 1973, on behalf of Senator Stachowski. 20 ACTING PRESIDENT BRESLIN: So 21 ordered. 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, at 24 this time can we move to a reading of Senate

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(518) 371-8910 1 Calendar Number 35. 2 ACTING PRESIDENT BRESLIN: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 14, by Senator Aubertine -- 6 SENATOR LIBOUS: Lay it aside, 7 please. 8 ACTING PRESIDENT BRESLIN: The 9 bill is laid aside. 10 THE SECRETARY: Calendar Number 11 48, by Senator Stavisky, Senate Print 1538B, 12 an act to amend the Executive Law, in relation 13 to providing information. 14 ACTING PRESIDENT BRESLIN: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the 180th day. 18 ACTING PRESIDENT BRESLIN: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT BRESLIN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number

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(518) 371-8910 1 58, by Senator C. Kruger, Senate Print 458, an 2 act to amend the Agriculture and Markets Law, 3 in relation to the enforcement. 4 ACTING PRESIDENT BRESLIN: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT BRESLIN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT BRESLIN: 12 Announce the results. 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT BRESLIN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 63, by Senator Stachowski, Senate Print 1279, 18 an act to amend the Local Finance Law, in 19 relation to the sale. 20 ACTING PRESIDENT BRESLIN: There 21 is a home-rule message at the desk. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT BRESLIN: 5 Announce the results. 6 THE SECRETARY: Ayes, 60. 7 ACTING PRESIDENT BRESLIN: The 8 bill is passed. 9 Senator Klein, that completes the 10 reading of the noncontroversial calendar. 11 SENATOR KLEIN: Mr. President, at 12 this time can we please move to a reading of 13 the controversial calendar. 14 ACTING PRESIDENT BRESLIN: If the 15 Secretary would please ring the bell. 16 Members are asked to come to their 17 seats for the reading of the controversial 18 calendar. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 14, by Senator Aubertine, Senate Print 1676A, 22 an act to amend the New York State Urban 23 Development Corporation Act. 24 SENATOR YOUNG: Explanation.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: 2 Senator Aubertine, Senator Young has requested 3 an explanation. 4 SENATOR AUBERTINE: Thank you, 5 Mr. President. 6 What this bill would do, it would 7 create the regionally based urban and regional 8 farmers' market facilities. It would allow 9 essentially municipalities, not-for-profits to 10 apply for grants to the UDC -- construction 11 grants, low-interest loans and so forth -- to 12 develop these markets. 13 ACTING PRESIDENT BRESLIN: 14 Senator Young. 15 SENATOR YOUNG: Will the sponsor 16 yield for a few questions? 17 SENATOR AUBERTINE: Absolutely. 18 ACTING PRESIDENT BRESLIN: 19 Senator Aubertine, would you yield for 20 questions by Senator Young? 21 SENATOR AUBERTINE: Absolutely. 22 SENATOR YOUNG: Through you, 23 Mr. President. How much money are we talking 24 about? Because usually with these types of

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(518) 371-8910 1 bills there's a fiscal note and there's a 2 quantification of how much money we're 3 considering here. I don't see any. 4 SENATOR AUBERTINE: This 5 essentially -- Senator, this essentially 6 creates the program. It will be funded on a 7 needs basis. 8 But to give you a flavor for what 9 the grants would be, grants and low-interest 10 loans, they are limited to $50,000, with a 11 match of 80 percent for the total project cost 12 in a distressed area and a maximum of 13 60 percent of the cost of the total project in 14 a non-distressed area. 15 SENATOR YOUNG: Could you point 16 out in the bill where that's outlined? 17 ACTING PRESIDENT BRESLIN: 18 Senator Young, are you asking Senator 19 Aubertine to continue to yield? 20 SENATOR YOUNG: Yes, Mr. 21 President. Will the sponsor yield? 22 ACTING PRESIDENT BRESLIN: 23 Senator Aubertine, do you continue to yield? 24 SENATOR AUBERTINE: I do.

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(518) 371-8910 1 I believe that's on page 3, line 2 53. 3 SENATOR YOUNG: Page 2 or page 3? 4 SENATOR AUBERTINE: I'm sorry, 5 page 3. 6 SENATOR YOUNG: Okay. Thank you. 7 Now, again, so this is through the 8 UDC. But is there a specific account within 9 the UDC that this is coming from? 10 ACTING PRESIDENT BRESLIN: 11 Senator Aubertine, do you continue to yield? 12 SENATOR AUBERTINE: Yes, I do 13 continue to yield. 14 And yes, the Ag Economic 15 Development Fund would be obligated to fund 16 this out of that account. 17 SENATOR YOUNG: Okay. So this is 18 what was previously -- through you, 19 Mr. President, will you continue to yield? 20 SENATOR AUBERTINE: Yes. 21 ACTING PRESIDENT BRESLIN: 22 Senator Aubertine continues to yield. 23 SENATOR YOUNG: So this is the 24 $40 million fund that was an initiative of the

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(518) 371-8910 1 Senate Republicans a couple of years ago that 2 was entitled the Upstate Agriculture Economic 3 Development Fund. Now you are redirecting 4 those monies into urban projects? 5 ACTING PRESIDENT BRESLIN: 6 Senator Aubertine. 7 SENATOR AUBERTINE: Yes, we could 8 use that or other appropriations as well. 9 SENATOR YOUNG: Okay. But you're 10 taking the upstate money -- 11 ACTING PRESIDENT BRESLIN: 12 Senator Young, please, through the chair. 13 SENATOR YOUNG: I'm just trying 14 to clarify, Mr. President. 15 ACTING PRESIDENT BRESLIN: 16 Through the chair. 17 SENATOR YOUNG: Through you, 18 Mr. President. So what basically you're doing 19 is taking money from the Upstate Agriculture 20 Economic Development Fund and redirecting it 21 to urban projects? 22 SENATOR AUBERTINE: No, not 23 necessarily, Mr. President. What this bill 24 essentially does, Senator, is it creates the

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(518) 371-8910 1 fund. 2 SENATOR YOUNG: But the name -- 3 through you, Mr. President. 4 ACTING PRESIDENT BRESLIN: Would 5 you continue to yield, Senator Aubertine? 6 SENATOR AUBERTINE: Yes. 7 SENATOR YOUNG: But the name that 8 you're now giving it is the urban and regional 9 farmers' market facilities. So basically what 10 you're doing is taking it from the Upstate 11 Agriculture Economic Development Fund and 12 redirecting it, is that the case? 13 SENATOR AUBERTINE: No. I think 14 one of the reasons we were -- had to change 15 the name is we struck the language that had 16 the phrase "green markets," because that was a 17 service mark for the Council on the 18 Environment of New York City. And we renamed 19 the regional-based urban and regional farm 20 market facilities. 21 SENATOR YOUNG: Thank you. 22 So through you, Mr. President, if 23 the sponsor would yield. 24 ACTING PRESIDENT BRESLIN: Do you

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(518) 371-8910 1 continue to yield, Senator Aubertine? 2 SENATOR AUBERTINE: Yes. 3 SENATOR YOUNG: I'm just trying 4 to clarify. Because is this the $40 million 5 fund? 6 SENATOR AUBERTINE: No. This 7 creates the program that would allow us to 8 fund that. But it's not limited to that, 9 Senator. Farmers themselves could choose to 10 fund that if they wished. This creates the 11 program. 12 SENATOR YOUNG: Through you, 13 Mr. President. 14 ACTING PRESIDENT BRESLIN: 15 Senator Aubertine, will you continue to yield? 16 SENATOR AUBERTINE: Yes. 17 ACTING PRESIDENT BRESLIN: You 18 may proceed, Senator Young. 19 SENATOR YOUNG: Again, so this is 20 through the UDC. But there's not money 21 appropriated for this particular project, it's 22 my understanding, based on this legislation. 23 SENATOR AUBERTINE: Yes. In 24 other words, Senator, this bill has not

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(518) 371-8910 1 changed, other than the name. It's the same 2 bill that you voted on and supported in 3 committee. 4 SENATOR YOUNG: Okay. So I was 5 wondering which -- through you, Mr. President. 6 ACTING PRESIDENT BRESLIN: Do you 7 continue to yield, Senator Aubertine? 8 SENATOR AUBERTINE: Yes. 9 SENATOR YOUNG: I was wondering 10 which projects you have in mind, which urban 11 farmers' market facilities you have in mind 12 through this legislation. Obviously you have 13 something that you thought of ahead of time in 14 order to want to have this bill passed. 15 SENATOR AUBERTINE: This bill -- 16 through you, Mr. President, this bill could 17 include any market in New York State. It 18 could be in my backyard in Watertown or in 19 Ogdensburg or in Fulton or Oswego or, Senator, 20 in your backyard. 21 SENATOR YOUNG: Okay. Would this 22 money -- through you, Mr. President, would he 23 continue to yield? 24 ACTING PRESIDENT BRESLIN: Would

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(518) 371-8910 1 you continue to yield, Senator Aubertine? 2 SENATOR AUBERTINE: Yes, 3 Mr. President. 4 SENATOR YOUNG: Would this money, 5 of this $40 million, would this be used for 6 the Hunts Point facility in the Bronx? 7 SENATOR AUBERTINE: Senator, this 8 bill doesn't address the $40 million. This 9 simply creates the program. 10 SENATOR YOUNG: Through you, 11 Mr. President. 12 ACTING PRESIDENT BRESLIN: Will 13 you continue to yield, Senator Aubertine? 14 SENATOR AUBERTINE: Yes. 15 SENATOR YOUNG: Let me rephrase 16 my question so that you answer it. Would this 17 program benefit the Hunts Point facility in 18 the Bronx? 19 SENATOR AUBERTINE: Senator, yes, 20 it could, to the extent that the Hunts Point 21 market or any market in New York State could 22 access, as we talked about earlier, the 23 $50,000. 24 SENATOR YOUNG: Thank you. So

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(518) 371-8910 1 with that being said -- through you, 2 Mr. President. 3 ACTING PRESIDENT BRESLIN: Are 4 you asking if the Senator will continue to 5 yield, Senator Young? 6 SENATOR YOUNG: If you're looking 7 to -- 8 ACTING PRESIDENT BRESLIN: 9 Senator Young. 10 SENATOR YOUNG: He said yes, he 11 would yield, right? 12 ACTING PRESIDENT BRESLIN: Are 13 you asking Senator Aubertine to continue to -- 14 SENATOR YOUNG: I did once, but 15 I'll ask again. Will the sponsor continue to 16 yield? 17 ACTING PRESIDENT BRESLIN: I 18 can't -- Senator Young, would you direct your 19 questions through the chair, please. 20 SENATOR YOUNG: Mr. President, 21 through you. If this money is to go towards 22 the Hunts Point facility in the Bronx, how 23 much was the sponsor thinking should go toward 24 that project?

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: 2 Senator Aubertine. 3 SENATOR AUBERTINE: Thank you, 4 Mr. President. 5 As we said earlier, the Hunts Point 6 market could access, through this program, up 7 to $50,000. 8 SENATOR YOUNG: Okay, thank you. 9 On the bill. 10 ACTING PRESIDENT BRESLIN: 11 Senator Young, on the bill. 12 SENATOR YOUNG: I have some 13 concerns -- I'm going to support this bill, 14 but I have some concerns because it really 15 isn't outlined sufficiently as to where this 16 funding would actually come from. And so for 17 that reason, I wanted to ask a few questions. 18 I certainly hope that this isn't 19 money that is supposed to be through the 20 Agriculture Upstate Economic Development Fund 21 that's being redirected out of upstate. And 22 for that reason, again, I think that we should 23 continue to ask questions about this 24 legislation. And I will be following it very

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(518) 371-8910 1 closely as this fund is established. 2 Thank you. 3 ACTING PRESIDENT BRESLIN: Thank 4 you, Senator Young. 5 Senator Robach. 6 SENATOR ROBACH: Yes, would 7 Senator Aubertine just yield for a question? 8 Now I'm actually a little bit confused. 9 ACTING PRESIDENT BRESLIN: 10 Senator Robach -- 11 SENATOR ROBACH: Through you, 12 Mr. President, would Senator Aubertine yield 13 for a question? 14 ACTING PRESIDENT BRESLIN: 15 Senator Aubertine, will you yield to a 16 question from Senator Robach? 17 SENATOR AUBERTINE: Yes. 18 ACTING PRESIDENT BRESLIN: You 19 may proceed, Senator Robach. 20 SENATOR ROBACH: Is this money 21 for existing -- like in Rochester, for 22 example, let me just ask hypothetically, we 23 have a regional market, we have a public 24 market.

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(518) 371-8910 1 So if I understand this correctly, 2 is this to create new -- or would existing 3 programs, if they wanted to improve or expand, 4 be able to tap into this funding? 5 SENATOR AUBERTINE: This would be 6 for improvements in economically distressed 7 areas, as the bill clearly outlines. 8 And for anywhere in the state, for 9 farmers to sell their products, for example, 10 at the -- as they do, in the Rochester market. 11 SENATOR ROBACH: So what would -- 12 just for my information -- through you, 13 Mr. President -- what would constitute a 14 distressed area? 15 SENATOR AUBERTINE: Again, 16 it's -- I can give you the definition here. 17 Senator, I'm told that it's part of 18 a formula that dates back to 1968. It's 19 something that's evidently routinely used to 20 determine what a distressed area is. 21 SENATOR ROBACH: So I just wanted 22 to make sure -- I'm planning on supporting 23 this -- 24 ACTING PRESIDENT BRESLIN:

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(518) 371-8910 1 Senator Robach -- 2 SENATOR ROBACH: Through you, 3 Mr. President. 4 ACTING PRESIDENT BRESLIN: Would 5 you continue to yield to Senator Robach, 6 Senator Aubertine? 7 SENATOR AUBERTINE: Yes. 8 SENATOR ROBACH: I don't know 9 if -- would Rochester be eligible under this 10 1968 current formula? 11 SENATOR AUBERTINE: Again, 12 through you, Mr. President, I don't have the 13 formula right in front of me. But it would be 14 a determination made by the UDC. 15 SENATOR ROBACH: Yeah. Okay, 16 thank you, you've answered my questions. 17 On the bill, Mr. President Breslin. 18 ACTING PRESIDENT BRESLIN: 19 Senator Robach, on the bill. 20 SENATOR ROBACH: I'm going to 21 vote for this, though I do think this could 22 have been, again, done a little bit more 23 substantially so we know exactly where we're 24 at.

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(518) 371-8910 1 I'm going to take your word for it, 2 but I don't know if Rochester wouldn't be 3 considered a distressed city, unfortunately, 4 with some of the demographics of children 5 living in poverty, a concentration of 6 violence. I don't know what would. And I'm 7 not an expert on this bill, and I'm not on the 8 Agriculture Committee. But I legitimately 9 would like to have a little bit more 10 certainty. And I certainly hope those places 11 will be in there. 12 And I also hope, even though I 13 can't find it exactly in this bill, that 14 places that have already started an initiative 15 on their own will also be eligible to tap into 16 that money, not just those creating new or 17 first-time programs. 18 Because I think there's two parts 19 to this. We want to help the farmer, but 20 certainly I know in my city people also want 21 access to organic and fresh-grown things too. 22 And I hope that will be both pieces of it. 23 But I will vote in the affirmative. 24 Thank you, Mr. President.

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(518) 371-8910 1 ACTING PRESIDENT BRESLIN: Thank 2 you, Senator Robach. 3 Senator Liz Krueger. 4 SENATOR LIZ KRUEGER: Thank you, 5 Mr. President. On the bill. 6 ACTING PRESIDENT BRESLIN: 7 Senator Krueger, on the bill. 8 SENATOR LIZ KRUEGER: Thank you. 9 So I come from New York City, so 10 why would I be standing and speaking about a 11 bill that my colleague Senator Aubertine from 12 upstate New York brought us? 13 Well, I will tell you that I have 14 six farmers' markets in my own district. And 15 I have demand for more farmers' markets. And 16 we have the fantastic Union Square Market that 17 overlaps Tom Duane's and my district. 18 And I go to farmers' markets 19 regularly, where I get to meet upstate farmers 20 and talk to them about their need to figure 21 out how to do more distribution of their 22 products in the City of New York. 23 And I talk to organizations who 24 work on food and nutrition issues, because

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(518) 371-8910 1 that's a background issue in my life, and they 2 talk about wanting to move a greater amount of 3 local produce and New York State products to 4 consumers in New York City. 5 And I speak to people who have 6 worked in Hunts Point and people who work in 7 farmers' markets throughout the city and even 8 a new fruit-and-vegetable-cart model we have 9 to bring New York State produce into the inner 10 city. And I will tell you that people have 11 endless good ideas that are extremely 12 cost-efficient about how they can help upstate 13 agriculture by bringing their products 14 directly to consumers and to markets and 15 through wholesale and retail systems 16 throughout the state. 17 And so I'm delighted to support 18 Senator Aubertine's bill. And as I read it, I 19 see that there is a broad arena of possible 20 uses for the money and that there is going to 21 be a formal process for applying, and that 22 there will be grants and even revolving loan 23 funds to come up with support for creative 24 ways to better assure that upstate farmers and

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(518) 371-8910 1 Long Island farmers can in fact bring their 2 products to urban centers, which will be a win 3 for all of upstate and Long Island agriculture 4 and will be a win for urban New York State 5 wherever you live. 6 And I think it is a terrific model, 7 and I hope that it takes off and that you will 8 come back at some point to the Legislature and 9 say this has been so successful we need to do 10 the next five things beyond what this bill was 11 going to allow us to do. 12 So I'm very glad to support this 13 bill, Mr. President. Thank you very much. I 14 vote aye. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Krueger. 17 Senator Klein. 18 SENATOR KLEIN: Thank you, 19 Mr. President. 20 Just briefly, I too want to lend 21 some praise to Senator Aubertine for this very 22 important bill. 23 As someone who represents part of 24 Bronx County but not the Hunts Point Market,

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(518) 371-8910 1 whenever I go on a tour there, unfortunately 2 the largest food market in the country -- 3 maybe even in the world -- doesn't have very 4 much New York State produce. Even though of 5 course, as you know, we're an agricultural 6 capital. 7 So anything that will encourage the 8 connection between upstate and downstate as 9 far as the produce we eat downstate makes an 10 awful lot of sense. 11 One of the things that always 12 bothers me is when you go into a supermarket 13 downstate, you can't always get New York 14 produce. It's usually from Jersey or 15 Pennsylvania. 16 So Senator Aubertine's bill will 17 encourage that all of us in New York State eat 18 the fine New York produce that's grown right 19 here. 20 So again, I vote yes on this bill. 21 ACTING PRESIDENT BRESLIN: Thank 22 you, Senator Klein. 23 Senator Diaz. 24 SENATOR DIAZ: Thank you,

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(518) 371-8910 1 Mr. President. 2 Mr. President, would Senator 3 Aubertine take a question or two from me, 4 please? 5 ACTING PRESIDENT BRESLIN: 6 Senator Aubertine, would you yield to a 7 question from Senator Diaz? 8 SENATOR AUBERTINE: Yes. 9 SENATOR DIAZ: Senator Aubertine, 10 I'm reading, I am reading in some of your 11 remarks saying it is desirable to bring the 12 products of farmers and craft businesses into 13 the city to allow them to sell directly to the 14 customers. 15 Would you explain that to me, 16 please? 17 ACTING PRESIDENT BRESLIN: 18 Senator Aubertine. 19 SENATOR AUBERTINE: Through you, 20 Mr. President. Well, Senator, that's exactly 21 what these markets are for, is to make that 22 link between producers and consumers and to 23 make sure that consumers here in New York 24 State have the finest products grown and

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(518) 371-8910 1 produced. And that's precisely what this bill 2 would help to promote. 3 SENATOR DIAZ: Mr. President, 4 through you, will Senator Aubertine continue 5 to yield? 6 ACTING PRESIDENT BRESLIN: 7 Senator Aubertine, would you continue to yield 8 for another question from Senator Diaz? 9 SENATOR AUBERTINE: Yes. 10 SENATOR DIAZ: So Senator 11 Aubertine, you are telling me that this bill, 12 if it passes, will help my people, the poor 13 people in the South Bronx, to buy directly 14 from the farmers? 15 SENATOR AUBERTINE: Absolutely. 16 SENATOR DIAZ: Will Senator 17 Aubertine -- 18 ACTING PRESIDENT BRESLIN: 19 Senator Aubertine, will you continue to yield 20 to Senator Diaz? 21 SENATOR AUBERTINE: Yes. 22 SENATOR DIAZ: Senator Aubertine, 23 by having my district in Hunts Point, Hispanic 24 and black, the poor people in that district

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(518) 371-8910 1 buy directly from the farmers, will that help 2 the farmers or hurt the farmers? 3 SENATOR AUBERTINE: Through you, 4 Mr. President. It would be extremely helpful. 5 SENATOR DIAZ: To whom? 6 SENATOR AUBERTINE: To farmers 7 and to consumers. 8 ACTING PRESIDENT BRESLIN: 9 Through the chair. Senator Diaz, would you 10 like Senator Aubertine to continue to yield? 11 SENATOR DIAZ: Yes, 12 Mr. President. 13 ACTING PRESIDENT BRESLIN: You 14 may proceed. 15 SENATOR DIAZ: So you are telling 16 me that this bill -- you as a representative 17 of a farming area, you're telling me that this 18 will help so much the farmers, and not only 19 the farmers, but also will help people of the 20 state to buy directly from the farmers, and 21 that will increase the farmers' production? 22 SENATOR AUBERTINE: Through you, 23 Mr. President. I believe, Senator, what this 24 will do is it will, to consumers in urban

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(518) 371-8910 1 areas and all across the state, it will 2 deliver to them the finest and freshest foods 3 available. 4 And in return, farmers here in this 5 state will access new markets and make that 6 connection between consumers in a direct way. 7 ACTING PRESIDENT BRESLIN: 8 Senator Diaz. 9 SENATOR DIAZ: On the bill. 10 ACTING PRESIDENT BRESLIN: 11 Senator Diaz, on the bill. 12 SENATOR DIAZ: Mr. President and 13 ladies and gentlemen, I am from the Bronx, 14 representing senior citizens, bodegueros, taxi 15 drivers. 16 (Laughter.) 17 SENATOR DIAZ: And to see an 18 upstater, a person like Senator Aubertine, so 19 dedicated to the area that he represents, and 20 to see how farmers in the State of New York 21 have someone to represent them so well as 22 Senator Aubertine is doing here today, that 23 will improve their business -- and not only 24 that, to see, Mr. President and ladies and

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(518) 371-8910 1 gentlemen, the people in my district, in the 2 South Bronx, the Hunts Point Market, they will 3 be able to benefit from what the farmers 4 upstate are producing -- I have to say, 5 Mr. President, that I am so, so excited to 6 support something like this bill. 7 And I am so glad that the farmers, 8 the farmers in the State of New York have a 9 champion like Senator Aubertine. And if I 10 were a Senator representing one of those areas 11 where the farmers are, I would go, head down, 12 to support this, because this is something 13 good. 14 And I'm a Senator from the South 15 Bronx, knowing how my people are going to -- 16 I'll repeat myself again -- how my people are 17 going to benefit from this. Senator 18 Aubertine, thank you. 19 Thank you, Senator Aubertine, for 20 such a piece of legislation and for being so 21 concerned with the farmers in the State of 22 New York that have been forgotten for so many 23 years. And they could say today that they 24 have a champion in your person here in the

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(518) 371-8910 1 Senate. Thank you. 2 Ladies and gentlemen, we all have 3 to support this. 4 SENATOR LIBOUS: Read the last 5 section. 6 (Laughter.) 7 SENATOR DIAZ: Thank you, 8 Mr. President. 9 ACTING PRESIDENT BRESLIN: Thank 10 you, Senator Diaz. 11 Are there any other Senators 12 wishing to be heard on the bill? 13 Hearing none, debate is closed. 14 The Secretary will please ring the bells. 15 Read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT BRESLIN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT BRESLIN: 22 Senator Oppenheimer, to explain her vote. 23 SENATOR OPPENHEIMER: I just want 24 to very briefly say I'm thrilled to see this,

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(518) 371-8910 1 because we do have several farmers' markets, 2 about six or seven, maybe eight, in my Senate 3 district. But what we're finding is a lot of 4 the farmers are coming from the Poconos and 5 from the Hershey, Pennsylvania, area. 6 And if we can get more New York 7 farmers, I would be delighted to see that. 8 And we have some inner city areas that could 9 benefit. 10 So it's good for you, it's good for 11 me, it's good for our people. Thanks. 12 I'm voting yes. 13 ACTING PRESIDENT BRESLIN: 14 Senator Oppenheimer will be recorded in the 15 affirmative. 16 Announce the results. 17 THE SECRETARY: Ayes, 62. Nays, 18 0. 19 ACTING PRESIDENT BRESLIN: The 20 bill is passed. 21 Senator Klein, that completes the 22 reading of the controversial calendar. 23 SENATOR KLEIN: Mr. President, 24 would you please recognize Senator

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(518) 371-8910 1 Hassell-Thompson for a brief announcement. 2 ACTING PRESIDENT BRESLIN: 3 Senator Hassell-Thompson. 4 SENATOR KLEIN: And then, 5 afterwards, Senator Libous for his 6 announcement. 7 SENATOR HASSELL-THOMPSON: Thank 8 you, Mr. President. 9 I would just like to announce that 10 there will be an immediate meeting of the 11 Majority Conference in the Majority Conference 12 Room, Room 332, following session today. 13 ACTING PRESIDENT BRESLIN: There 14 will be a meeting of the Majority Conference 15 in the Majority Conference Room immediately 16 following session today, in Room 332. 17 Senator Libous. 18 SENATOR LIBOUS: Mr. President, 19 there will be an immediate Republican 20 conference in Room 315. 21 ACTING PRESIDENT BRESLIN: There 22 will be an immediate Republican conference in 23 Room 315 after session. 24 Senator Klein.

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(518) 371-8910 1 SENATOR KLEIN: Mr. President, is 2 there any further business at the desk? 3 ACTING PRESIDENT BRESLIN: 4 Senator Klein, there is no further business at 5 the desk. The desk is clear. 6 SENATOR KLEIN: There being none, 7 I move that we adjourn until Tuesday, 8 April 21st, at 3:00 p.m. 9 ACTING PRESIDENT BRESLIN: There 10 being no further business to come before the 11 Senate, on motion, the Senate stands adjourned 12 until Tuesday, April 21st, at 3:00 p.m. 13 (Whereupon, at 3:50 p.m., the 14 Senate adjourned.) 15 16 17 18 19 20 21 22 23 24

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