2792
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 26, 2021
11 3:13 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR ROXANNE J. PERSAUD, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
2793
1 P R O C E E D I N G S
2 ACTING PRESIDENT PERSAUD: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT PERSAUD: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT PERSAUD: The
14 reading of the Journal.
15 THE SECRETARY: In Senate, Sunday,
16 April 25, 2021, the Senate met pursuant to
17 adjournment. The Journal of Saturday, April 24,
18 2021, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT PERSAUD: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
2794
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Thank you,
7 Madam President.
8 Amendments are offered to the
9 following Third Reading Calendar bills:
10 By Senator Reichlin-Melnick, on
11 page 16, Calendar Number 377, Senate Print 3966;
12 By Senator Serrano, on page 24,
13 Calendar Number 502, Senate Print 5025;
14 By Senator Mannion, on page 25,
15 Calendar Number 528, Senate Print 4777;
16 And by Senator Skoufis, on page 34,
17 Calendar Number 676, Senate Print 4887.
18 ACTING PRESIDENT PERSAUD: The
19 amendments are received, and bills shall retain
20 their place on the Third Reading Calendar.
21 SENATOR GIANARIS: On behalf of
22 Senator Rivera, I wish to call up Senate 1451,
23 recalled from the Assembly, which is now at the
24 desk.
25 ACTING PRESIDENT PERSAUD: The
2795
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 110, Senate Print 1451, by Senator Rivera, an act
4 to amend the Public Health Law.
5 SENATOR GIANARIS: Move to
6 reconsider the vote by which the bill was passed.
7 ACTING PRESIDENT PERSAUD: The
8 Secretary will call the roll on reconsideration.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT PERSAUD: The bill
12 is restored to its place on the Third Reading
13 Calendar.
14 SENATOR GIANARIS: I offer the
15 following amendments.
16 ACTING PRESIDENT PERSAUD: The
17 amendments are received.
18 SENATOR GIANARIS: Madam President,
19 I understand there are some additional messages
20 from the Assembly.
21 ACTING PRESIDENT PERSAUD: The
22 Secretary will read.
23 THE SECRETARY: Senator Kaminsky
24 moves to discharge, from the Committee on
25 Environmental Conservation, Assembly Bill Number
2796
1 5082 and substitute it for the identical
2 Senate Bill 543, Third Reading Calendar 238.
3 ACTING PRESIDENT PERSAUD: The
4 substitution is so ordered.
5 THE SECRETARY: Senator Kennedy
6 moves to discharge, from the Committee on Energy
7 and Telecommunications, Assembly Bill Number 3876
8 and substitute it for the identical Senate Bill
9 3929, Third Reading Calendar 399.
10 ACTING PRESIDENT PERSAUD: The
11 substitution is so ordered.
12 THE SECRETARY: Senator Harckham
13 moves to discharge, from the Committee on
14 Environmental Conservation, Assembly Bill Number
15 4302 and substitute it for the identical Senate
16 Bill 2758, Third Reading Calendar 670.
17 ACTING PRESIDENT PERSAUD: The
18 substitution is so ordered.
19 Senator Gianaris.
20 SENATOR GIANARIS: There will be an
21 immediate meeting of the Rules Committee in
22 Room 332.
23 ACTING PRESIDENT PERSAUD: There
24 will be an immediate meeting of the
25 Rules Committee in Room 332.
2797
1 SENATOR GIANARIS: The Senate will
2 stand at ease.
3 ACTING PRESIDENT PERSAUD: The
4 Senate will stand at ease.
5 (Whereupon, the Senate stood at ease
6 at 3:16 p.m.)
7 (Whereupon, the Senate reconvened at
8 3:30 p.m.)
9 ACTING PRESIDENT PERSAUD: The
10 Senate will return to order.
11 Senator Gianaris.
12 SENATOR GIANARIS: Thank you,
13 Madam President.
14 There's a report of the
15 Rules Committee at the desk. Can we please take
16 that up.
17 ACTING PRESIDENT PERSAUD: There is
18 a report of the Rules Committee at the desk.
19 The Secretary will read.
20 THE SECRETARY: Senator
21 Stewart-Cousins, from the Committee on Rules,
22 reports the following bills:
23 Senate Print 660, by Senator May, an
24 act to amend the Highway Law;
25 Senate Print 1256A, by
2798
1 Senator Gianaris, an act to amend the
2 Public Health Law;
3 Senate Print 1759, by
4 Senator Skoufis, an act to amend the
5 Public Health Law;
6 Senate Print 2838A, by
7 Senator Parker, an act to amend the
8 Executive Law;
9 Senate Print 6203, by Senator May,
10 an act to amend the Public Health Law and the
11 Social Services Law; and
12 Senate Print 6204, by
13 Senator Rivera, an act to amend the
14 Public Health Law.
15 All bills reported direct to third
16 reading.
17 SENATOR GIANARIS: Move to accept
18 the report of the Rules Committee.
19 ACTING PRESIDENT PERSAUD: All
20 those in favor of accepting the report of the
21 Rules Committee signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT PERSAUD: Opposed,
24 nay.
25 (No response.)
2799
1 ACTING PRESIDENT PERSAUD: The
2 Rules Committee report is accepted.
3 Senator Gianaris.
4 SENATOR GIANARIS: Please take up
5 the reading of the calendar.
6 ACTING PRESIDENT PERSAUD: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 238, Assembly Print Number 5082, substituted
10 earlier by Assemblymember Englebright, an act to
11 amend the Environmental Conservation Law and the
12 State Finance Law.
13 SENATOR LANZA: Lay it aside.
14 ACTING PRESIDENT PERSAUD: Lay it
15 aside.
16 THE SECRETARY: Calendar Number
17 241, Senate Print 1237, by Senator Gianaris, an
18 act to amend the Environmental Conservation Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
2800
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar Number 241, those Senators voting in the
5 negative are Senators Akshar, Borrello, Gallivan,
6 Griffo, Jordan, Lanza, Oberacker, O'Mara, Ortt,
7 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
8 Weik.
9 Ayes, 46. Nays, 16.
10 ACTING PRESIDENT PERSAUD: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 399, Assembly Print Number 3876, substituted
14 earlier by Assemblymember Cusick, an act to amend
15 the Public Service Law.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 180th day after it
20 shall have become a law.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Senator
25 Kennedy to explain his vote.
2801
1 SENATOR KENNEDY: Thank you,
2 Madam President.
3 I rise to support this legislation
4 and to explain the importance and significance of
5 this bill that will speed up the state's rollout
6 of electric vehicle charging infrastructure here
7 in New York.
8 This legislation, which is an
9 essential component of New York's environmental
10 and infrastructure agenda, will result in an
11 equitable rate structure for direct-current
12 fast-charging companies, incentivizing the growth
13 of electric vehicle use.
14 What this bill does is it
15 establishes a commercial tariff that's designed
16 to stabilize the cost of electricity for charging
17 station operators. Currently electricity
18 providers charge these companies based on the
19 highest-average 15 minutes consumed per month,
20 which results in excessive costs that can prove
21 to be restrictive for electric vehicle drivers.
22 That's an outdated model that was
23 not designed for the unique characteristics of
24 direct-current fast-charging.
25 With this legislation we're
2802
1 providing a more equitable rate structure for
2 these fast-charging companies and their stations.
3 The simple fact is that the transportation sector
4 is the largest contributor of greenhouse gas
5 emissions in the state. In 2016, New York State
6 emitted 173 million metric tons of carbon dioxide
7 or carbon dioxide equivalents, and of that a full
8 36 percent was from transportation. Only
9 15 percent was from electricity production.
10 Two years ago this chamber passed
11 the Climate Leadership and Community Protection
12 Act, which set an aggressive goal of a 40 percent
13 emissions reduction from 1990 levels by 2030 and
14 an 85 percent reduction by 2050. There's no way
15 we can achieve these goals without legislation
16 like this, which will encourage the installation
17 of more electric-charging infrastructure and will
18 make it easier for electric vehicle drivers to
19 charge up at an affordable rate.
20 As electric vehicles become more
21 prevalent across society, the nation and
22 New York, we need to make sure we're providing
23 the infrastructure necessary to support this
24 welcome proliferation of these vehicles, and this
25 bill will help to accomplish that.
2803
1 I want to thank my colleagues who
2 have cosponsored this legislation, as well as
3 Assemblyman Cusick, who was able to secure
4 passage of this bill in the Assembly. And of
5 course this legislation could not have reached
6 the floor without the support of Majority Leader
7 Andrea Stewart-Cousins; I thank her for her
8 support of this measure.
9 And with that, Madam President, I
10 vote aye.
11 ACTING PRESIDENT PERSAUD: Senator
12 Kennedy to be recorded in the affirmative.
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar Number 399, those Senators voting in the
16 negative are Senators Akshar, Borrello, Jordan,
17 Martucci, Oberacker, O'Mara, Ortt, Palumbo, Rath,
18 Serino, Stec, Tedisco and Weik.
19 Ayes, 49. Nays, 13.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 599, Senate Print 3521A, by Senator Parker, an
24 act to amend the Public Service Law.
25 ACTING PRESIDENT PERSAUD: Read the
2804
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar Number 599, those recorded in the
11 negative are Senators Akshar, Borrello, Boyle,
12 Gallivan, Griffo, Helming, Jordan, Mattera,
13 Oberacker, O'Mara, Ortt, Rath, Ritchie, Stec,
14 Tedisco and Weik.
15 Ayes, 46. Nays, 16.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 669, Senate Print 1421, by Senator Serrano, an
20 act to amend the Environmental Conservation Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT PERSAUD: Call the
2805
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 669, voting in the negative:
7 Senator O'Mara.
8 Ayes, 61. Nays, 1.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 670, Assembly Print Number 4302, substituted
13 earlier by Assemblymember Englebright, an act to
14 amend the Environmental Conservation Law.
15 ACTING PRESIDENT PERSAUD: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Senator
23 Harckham to explain his vote.
24 SENATOR HARCKHAM: Thank you,
25 Madam President.
2806
1 First I'd like to take a moment to
2 thank our Majority Leader for bringing this
3 package to the floor today, as well as
4 Chairs Kaminsky and Parker for their leadership
5 on many of these issues.
6 Today we've heard a lot about
7 electronic vehicles, charging stations and the
8 infrastructure thereof. This bill is the roadmap
9 that will guide New York and assert New York into
10 a leadership position, saying that by 2035,
11 100 percent of all vehicles sold and leased in
12 New York State must be zero-emissions vehicles,
13 with heavier-duty vehicles in 2045.
14 This is critical for New York State
15 to reach its climate and carbon reduction goals,
16 as laid out in the CLCPA. But more importantly,
17 this is about jobs. The Berkeley study has
18 estimated that by 2035, if we as a nation pursue
19 a clean-vehicle strategy, we will be creating
20 2 million jobs.
21 These are jobs that we should be
22 having right here in New York. The technology
23 for batteries -- the cost is plummeting on a
24 daily basis. This is technology that we can
25 manufacture right here in New York State. And in
2807
1 fact we just heard of a $125 million commitment
2 to the Finger Lakes by one of the world leaders
3 in batteries for automobiles.
4 So this is a win/win in terms of
5 public health, in terms of climate change, and in
6 terms of jobs and growth for New York State's
7 economy. So for all these reasons I was happy to
8 sponsor, and I'll be voting aye.
9 Thank you.
10 ACTING PRESIDENT PERSAUD: Senator
11 Harckham to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar 670, those Senators voting in the
15 negative are Senators Akshar, Borrello, Gallivan,
16 Griffo, Helming, Jordan, Lanza, Martucci,
17 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
18 Serino, Stec, Tedisco and Weik.
19 Ayes, 44. Nays, 18.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 672, Senate Print 5266, by Senator May, an act to
24 amend the Environmental Conservation Law.
25 ACTING PRESIDENT PERSAUD: Read the
2808
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT PERSAUD: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT PERSAUD: Senator
8 May to explain her vote.
9 SENATOR MAY: Thank you,
10 Madam President.
11 Every time they have a gathering,
12 members of the Haudenosaunee Confederacy first
13 pause to give thanks and acknowledge their
14 gratitude and interconnection to the earth's
15 ecosystems and all living beings. Even hunting
16 and fishing are carried out in a spirit of
17 gratitude and with an awareness of the impact of
18 their actions on seven generations to come. This
19 is the very definition of sustainability.
20 Treaties with the state guarantee to
21 indigenous nations the right to continue their
22 age-old practices of hunting and fishing, but
23 they still get ticketed and fined on a regular
24 basis. The ongoing need to contest these fines
25 is time-consuming and, frankly, insulting to the
2809
1 First Peoples of this region.
2 I stand here in a spirit of
3 thanksgiving to express my gratitude to my
4 colleagues and to the Senate leadership for
5 bringing this legislation to the floor so we can
6 honor our treaties and be respectful of our
7 indigenous neighbors and their relationship to
8 the earth and all who inhabit it.
9 I vote aye.
10 ACTING PRESIDENT PERSAUD: Senator
11 May to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT PERSAUD: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 673, Senate Print 6191, by Senator Kaminsky, an
18 act to amend the Environmental Conservation Law.
19 SENATOR LANZA: Lay it aside.
20 ACTING PRESIDENT PERSAUD: Lay it
21 aside.
22 THE SECRETARY: Calendar Number
23 675, Senate Print 3501, by Senator Mayer, an act
24 to amend the Tax Law.
25 ACTING PRESIDENT PERSAUD: There is
2810
1 a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT PERSAUD: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT PERSAUD: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 675, those Senators voting in the
12 negative are Senators Akshar, Boyle, Brooks,
13 Gaughran, Harckham, Hinchey, Kaplan, Lanza,
14 Mannion, Mattera, Palumbo, Skoufis, Thomas and
15 Weik.
16 Ayes, 48. Nays, 14.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 686, Senate Print 6065, by Senator Gounardes, an
21 act to amend Chapter 695 of the Laws of 1994.
22 ACTING PRESIDENT PERSAUD: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
2811
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 Senator Gianaris, this completes the
10 reading of today's calendar.
11 SENATOR GIANARIS: Thank you,
12 Madam President. Can we now take up the
13 supplemental calendar.
14 ACTING PRESIDENT PERSAUD: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 723, Senate Print 660, by Senator May, an act to
18 amend the Highway Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 120th day after it
23 shall have become a law.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
2812
1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Senator
3 May to explain her vote.
4 SENATOR MAY: Thank you again,
5 Madam President.
6 Years ago I planted in my backyard a
7 collection of native flowering plants, including
8 echinacea, bee balm, black-eyed Susan, Joe Pye
9 weed, butterfly weed, and snake root. They were
10 easy-care and beautiful, with a changing array of
11 yellow, purple, red, orange and white flowers
12 blooming all summer and well into the fall.
13 And if you walked up close to them,
14 you would discover that they were almost
15 constantly abuzz with pollinators, from tiny
16 solitary native bees to honeybees, big black
17 bumblebees, a number of different butterflies and
18 moths, hummingbirds, and even occasionally the
19 weird and wonderful hummingbird moth, a big, fat
20 moth with clear wings that hovers by a flower
21 like a hummingbird.
22 The apple trees in my front yard, my
23 neighbor's grapevines, and the many berry bushes
24 in the vicinity were beneficiaries of this
25 pollinator bounty, and year after year we had
2813
1 fine harvests.
2 We've taken steps in this
3 Legislature to protect pollinators from the
4 threat of chemicals like neonicotinoids, but
5 pollinators continue to die off at higher rates
6 than ever.
7 Availability of habitat is one key
8 factor in restoring them to the numbers they
9 should be at, for the health of our ecosystems
10 and for sustainable agricultural production.
11 This bill will devote state lands
12 along highways to pollinator habitat and will
13 make them more beautiful at the same time.
14 I thank the leadership for bringing
15 this bill forward, and I vote aye.
16 ACTING PRESIDENT PERSAUD: Senator
17 May to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 723, voting in the negative are
21 Senators Lanza and Ortt.
22 Ayes, 60. Nays, 2.
23 ACTING PRESIDENT PERSAUD: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
2814
1 726, Senate Print 2838A, by Senator Parker, an
2 act to amend the Executive Law.
3 ACTING PRESIDENT PERSAUD: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT PERSAUD: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT PERSAUD: Announce
11 the results.
12 THE SECRETARY: In relation to
13 Calendar 726, those Senators voting in the
14 negative are Senators Akshar, Borrello, Gallivan,
15 Jordan, Oberacker, O'Mara, Ortt, Rath, Ritchie,
16 Stec and Weik.
17 Ayes, 51. Nays, 11.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 Senator Gianaris, that completes the
21 reading of today's supplemental calendar.
22 SENATOR GIANARIS: Please take up
23 the controversial calendar.
24 ACTING PRESIDENT PERSAUD: The
25 Secretary will ring the bell.
2815
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 238, Assembly Print Number 5082, by
4 Assemblymember Englebright, an act to amend the
5 Environmental Conservation Law and the
6 State Finance Law.
7 ACTING PRESIDENT PERSAUD: Senator
8 Lanza, why do you rise?
9 SENATOR LANZA: Madam President, I
10 believe there's an amendment at the desk. I
11 waive the reading of that amendment and ask that
12 you recognize Senator Jordan to be heard.
13 ACTING PRESIDENT PERSAUD: Thank
14 you, Senator Lanza.
15 Upon review of the amendment, in
16 accordance with Rule 6, Section 4B, I rule it
17 nongermane and out of order at this time.
18 SENATOR LANZA: Accordingly,
19 Madam President, I appeal the ruling of the chair
20 and ask that Senator Jordan be recognized.
21 ACTING PRESIDENT PERSAUD: The
22 appeal has been made and recognized, and
23 Senator Jordan may be heard.
24 SENATOR JORDAN: Madam President, I
25 rise to appeal the ruling of the chair.
2816
1 Our amendment is germane to the
2 bill-in-chief because the bill-in-chief is
3 nothing but another mandate on our hotels. For
4 more than a year now, the Governor has issued
5 endless crushing, costly mandates on so many
6 entities, including our hotels. For an industry
7 that is already hurting, this bill will cause
8 more damage.
9 Our primary role as legislators is
10 to help the people of this state, and we all know
11 that New York families and businesses continue to
12 struggle under Cuomo's COVID closures. They
13 continue to struggle to overcome the economic and
14 social effects of the pandemic, while the
15 majorities in both houses continue to allow one
16 man, the scandal-scarred Governor, to continue to
17 have complete control over their lives and
18 livelihoods.
19 Every day it's more and more
20 apparent that the bill the majorities in the
21 Senate and the Assembly passed nearly eight weeks
22 ago was nothing more than window dressing. It
23 was a sham rescission decision.
24 Today, for the 39th time --
25 39th time -- we offer a commonsense amendment to
2817
1 rescind, to truly rescind Governor Cuomo's
2 expanded executive emergency powers. Ours is a
3 true rescission bill, not a phony, fraudulent
4 rescission bill. Our amendment is a genuine
5 effort to restore checks and balances that have
6 been absent for well over a year as this Governor
7 continues acting unilaterally without oversight.
8 While it may have been announced in
9 a press release with great fanfare that the
10 Legislature stripped the Governor's emergency
11 powers, today we remain in the same place we were
12 before, with one man making all the decisions
13 without any scientific data to back up his
14 arbitrary edicts.
15 It's sadly ironic that if that sham
16 of a bill had never passed, the Governor's
17 extraordinary powers would have ended April 30th.
18 That's just four days from now. Instead, with
19 the sham bill's passage, his great powers end
20 when the pandemic is officially declared at an
21 end.
22 When is that? I don't know. Do you
23 know? Does anyone know?
24 The Governor, who is engulfed in
25 various scandals, is still the one who decides if
2818
1 we have to eat a burger with a glass of wine, at
2 what time people can enjoy that burger, or even
3 where people can dance at weddings. He alone
4 decides how businesses can operate and how
5 sports are played -- and the list goes on and on.
6 The Governor continues issuing new
7 orders without any scientific, sound, rational
8 basis or explanation, even though it's required
9 under the law. The Executive has put orders in
10 place with zero input, oversight or consultation
11 from the Legislature. Our businesses are
12 frustrated, our schools are frustrated,
13 New Yorkers are frustrated. They have had enough
14 of this Governor's one-man rule that is
15 antithetical to democracy. They have had enough.
16 Once and for all, the Legislature
17 must stand up and perform its constitutional
18 duties as a separate branch of government. State
19 government must communicate clearly to the public
20 on directives affecting their everyday lives.
21 That communication is key to rebuilding the
22 public's trust.
23 We also must immediately strip these
24 dictatorial powers away from an increasingly
25 out-of-control Governor by passing the amendment
2819
1 we have now brought to the floor 39 times. It's
2 well beyond time to do the right thing and
3 restore this Legislature to its rightful role as
4 a coequal branch of government so we can get our
5 economy moving again and get New Yorkers back on
6 their feet.
7 I urge you to reconsider your
8 ruling, and I urge all my colleagues to do the
9 right thing and vote for this amendment on behalf
10 of all those who sent us here to act in their
11 best interests.
12 Thank you, Madam President.
13 ACTING PRESIDENT PERSAUD: Thank
14 you, Senator.
15 I want to remind the house that the
16 vote is on the procedures of the house and the
17 ruling of the chair.
18 Those in favor of overruling the
19 chair signify by saying aye.
20 SENATOR LANZA: Request a show of
21 hands.
22 SENATOR GIANARIS: We've agreed to
23 waive the showing of hands and record each member
24 of the Minority in the affirmative.
25 ACTING PRESIDENT PERSAUD: Without
2820
1 objection, so ordered.
2 Announce the results.
3 THE SECRETARY: Ayes, 20.
4 ACTING PRESIDENT PERSAUD: The
5 ruling of the chair stands, and the bill-in-chief
6 is before the house.
7 Are there any other Senators wishing
8 to be heard?
9 Seeing and hearing none, debate is
10 closed. The Secretary will ring the bell.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Senator
18 Kaminsky to explain his vote.
19 SENATOR KAMINSKY: Thank you,
20 Madam President.
21 There are years where millions and
22 millions of plastic hotel toiletries end up in
23 our waste streams, in our waterways, in the
24 bellies of whales, dolphins and other wildlife
25 that we deeply care about, to the point where we
2821
1 have a plastics crisis on Planet Earth. You can
2 actually see plastic floating in the ocean from
3 outer space.
4 And yet we continue to add to it and
5 add to it with disposable economies and
6 lifestyles that we just cannot sustain any
7 longer.
8 So it makes sense that we do not
9 want to have small hotel plastic toiletries
10 continuing to pollute our planet. In 2019 it's
11 estimated that New York City had 27 million of
12 these alone go into our waste stream. That's not
13 healthy, and we can do better.
14 And hotels agree. That's why hotels
15 support this bill by and large. They know that
16 first of all it saves them money, second of all
17 that their customers want their hotels to be part
18 of a solution, not to be part of a problem.
19 And that's why I'm proud that
20 New York will be the second state -- assuming
21 this bill is signed, for it will go to the
22 Governor's desk after today -- to ban small-hotel
23 toiletries starting in 2024 and 2025. It's the
24 right thing to do. It's time we take positive
25 steps to curb the plastic pollution crisis we
2822
1 have.
2 I'm grateful to the Majority Leader,
3 Andrea Stewart-Cousins, for her support of this
4 bill.
5 And if you want to get plastic
6 toiletries, you'd better stock up now.
7 Thank you, Madam President. I vote
8 in the affirmative.
9 ACTING PRESIDENT PERSAUD: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar 238, those Senators voting in the
13 negative are Senators Akshar, Borrello, Felder,
14 Gallivan, Griffo, Helming, Jordan, Lanza,
15 Oberacker, O'Mara, Ortt, Rath, Ritchie, Stec and
16 Weik.
17 Ayes, 47. Nays, 15.
18 ACTING PRESIDENT PERSAUD: The bill
19 is passed.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 673, Senate Print 6191, by Senator Kaminsky, an
23 act to amend the Environmental Conservation Law.
24 ACTING PRESIDENT PERSAUD: Senator
25 Borrello.
2823
1 SENATOR BORRELLO: Yes, thank you,
2 Madam President. Would the sponsor yield for a
3 question.
4 ACTING PRESIDENT PERSAUD: Will the
5 sponsor yield?
6 SENATOR KAMINSKY: Through you,
7 Madam President, yes.
8 ACTING PRESIDENT PERSAUD: The
9 sponsor yields.
10 SENATOR BORRELLO: Through you,
11 Madam President. Hello, Senator Kaminsky. Thank
12 you very much.
13 I understand the goal here is to
14 preserve as much of our beautiful New York state
15 lands as possible for future generations. But my
16 first question for you, is do you know what
17 percentage of New York state land right now is
18 already considered to be preserved or conserved?
19 SENATOR KAMINSKY: Yeah, through
20 you, Madam President, about 20 percent.
21 SENATOR BORRELLO: Thank you,
22 Madam President. Will the sponsor yield for
23 another question?
24 SENATOR KAMINSKY: Yes.
25 ACTING PRESIDENT PERSAUD: The
2824
1 sponsor yields.
2 SENATOR BORRELLO: Through you,
3 Madam President.
4 So with that being said, I can tell
5 you that most of that is actually located in the
6 Adirondack Park and Catskills regions and our
7 beautiful upstate region. And for being the
8 fourth most populous state in the nation, to
9 already be at 20 percent is pretty impressive to
10 begin with.
11 So my next question is, do we know
12 how much of the remaining land in New York State
13 is actually eligible to be conserved?
14 SENATOR KAMINSKY: Through you,
15 Madam President, I -- you know, I -- you know,
16 there is no land that is by definition something
17 that, you know, is set aside to be conserved.
18 You know, there's a process that's a public,
19 transparent process to decide which of the lands
20 would be considered to get us to the next
21 10 percent over the next nine or so years.
22 So we certainly believe that there's
23 well above another 10 percent to be conserved,
24 but where that is and what that is is a process
25 to be determined.
2825
1 SENATOR BORRELLO: Okay, thank you.
2 Madam President, will the sponsor
3 continue to yield?
4 SENATOR KAMINSKY: Yes.
5 ACTING PRESIDENT PERSAUD: The
6 sponsor yields.
7 SENATOR BORRELLO: Thank you.
8 Through you, Madam President.
9 So I do have some concerns on this,
10 on what would actually be defined as -- to be
11 conserved. Because right now -- and because I
12 specifically note the idea of addressing climate
13 change.
14 So my question is, would
15 clear-cutting acres, thousands and thousands of
16 acres of forest, which are already sequestering
17 carbon naturally, clearing those lands, erecting
18 gigantic structures made out of fiberglass and
19 steel, pouring millions and millions of yards of
20 concrete, would that be considered conserving
21 land, in your opinion?
22 SENATOR KAMINSKY: So through you,
23 Madam President, I think we're trying to figure
24 out how to conserve 10 percent more land than we
25 have now.
2826
1 So I think common sense dictates
2 that it would certainly, you know, harm that goal
3 and, you know, move us backwards if we started to
4 reduce that amount of land through some broad
5 overall structural policies.
6 Of course every day there are fits
7 and starts or gains and retreats in terms of
8 development and conservation. We certainly
9 know -- for example, in my district on the
10 shoreline there are areas that used to be built
11 up that some are -- after Superstorm Sandy have
12 been left in a more natural state. That would
13 push in the other direction.
14 So of course one of the things that
15 DEC will do is assess where we are to figure out
16 where we need to go. But it's important to have
17 these aspirational tools so we can do correct
18 planning and figure out where the state wants to
19 be and set a trajectory to get there.
20 SENATOR BORRELLO: Madam President,
21 will the sponsor continue to yield.
22 ACTING PRESIDENT PERSAUD: Will the
23 sponsor yield?
24 SENATOR KAMINSKY: Yes.
25 ACTING PRESIDENT PERSAUD: The
2827
1 sponsor yields.
2 SENATOR BORRELLO: Yes, thank you.
3 Through you, Madam President.
4 So I understand what you're saying
5 and I think we can agree on a lot of this. But
6 what I'm specifically asking is we have all of
7 these green energy speculators out there, the
8 people that are responsible right now for
9 deforesting our natural lands, for having DEC
10 make exceptions to our rules on destroying
11 natural habitats and making exceptions to the
12 rules in killing our endangered and threatened
13 species -- all for the idea that we want to put
14 up more of these industrial wind turbines and
15 solar panels that are made with, as I mentioned,
16 fiberglass, which has to be buried somewhere
17 after its useful life, which has to be -- you
18 know, and the rare earth metals, which are mined
19 under horrible environmental and human conditions
20 in places like China. All to advance this agenda
21 to bring more so-called green energy.
22 So my question is, the idea of
23 industrializing our beautiful land, is that
24 considered conserving the land under this bill?
25 SENATOR KAMINSKY: Through you,
2828
1 Madam President. I certainly don't think this
2 bill were to dictate that result.
3 And of course we want to avoid,
4 whenever we can, having to choose between
5 producing more green energy and hurting natural
6 resources in the process.
7 We had that on Long Island when
8 someone produced a solar field in the Pine
9 Barrens, which was something that was extremely
10 problematic.
11 So we have to be able to walk and
12 chew gum. We have to be able to do both. We
13 have to be able to build our green energy
14 reserves consistent with the CLCPA -- those goals
15 are aggressive, but they are necessary -- and at
16 the same time gain -- gain the ability to protect
17 the land to the tune of 10 percent over the next
18 nine years. We have to be able to do both.
19 So I think this would help your
20 concerns, because what this is telling the state
21 is, you figure out how we're going to get, you
22 know, 10 more percent over nine years, and
23 consider everything you're doing in that process.
24 And I think if you just leave it up to a
25 catch-as-catch-can or we'll go on -- we'll do
2829
1 things here and there and it will all add up to
2 something, is not smart.
3 I think our state's previous
4 decisions, especially with the Adirondacks, have
5 been very helpful in getting us to where we are
6 now. That's not an accident. Those were
7 decisions made with great forethought and extreme
8 precise planning. And that's what we want the
9 state to do in this, it's simply aspirational.
10 This will guide the state in figuring that out.
11 And of course every time we're
12 clearing virgin timber, we are obviously making a
13 trade that is inimical to the best interests of
14 our state. We should avoid it whenever we can.
15 So I think this would help you with those
16 concerns.
17 SENATOR BORRELLO: Madam President,
18 will the sponsor continue to yield?
19 ACTING PRESIDENT PERSAUD: Will the
20 sponsor yield?
21 SENATOR KAMINSKY: Yes.
22 ACTING PRESIDENT PERSAUD: The
23 sponsor yields.
24 SENATOR BORRELLO: Thank you.
25 Through you, Madam President.
2830
1 Senator Kaminsky, I'm very glad to
2 hear you say that, because it is a big concern.
3 So I guess what I -- because oftentimes with
4 these bills we really -- the regulators, the
5 people in the bureaucracy of New York State
6 government don't really know what our intent was.
7 So I'm hoping what I'm hearing is
8 that you're saying that the whole idea of
9 deforesting and industrializing our beautiful
10 natural land is -- would not be considered
11 attaining and addressing the goals of your bill.
12 Is that correct?
13 SENATOR KAMINSKY: Through you,
14 Madam President. I don't see how that could be
15 the case.
16 If you are trying to say that land
17 that used to be virgin timber that is now chopped
18 down and turned into a form of energy production
19 is then considered conserved, that would not make
20 any sense to me.
21 SENATOR BORRELLO: Madam President,
22 Will the sponsor continue to yield?
23 SENATOR KAMINSKY: Yes.
24 ACTING PRESIDENT PERSAUD: The
25 sponsor yields.
2831
1 SENATOR BORRELLO: Thank you very
2 much. I'm very glad to hear you say that,
3 because that is a concern of mine.
4 Unfortunately, I am concerned that
5 it could still be interpreted that way. But I'm
6 glad that we're having this discussion today so
7 we can ensure that that doesn't happen.
8 My next question is about farmland.
9 You know, New York State is -- actually, the
10 number-one industry in New York is actually
11 agriculture. And we have, you know, thousands
12 upon thousands of farms across millions of acres
13 in New York State.
14 So would a working farm be
15 considered land that has been preserved or
16 conserved under this bill?
17 SENATOR KAMINSKY: Through you,
18 Madam President, I mean in -- not currently as it
19 exists right now. But part of what this bill's
20 goal is to do is to preserve more agricultural
21 and farmland. That's clearly delineated out as
22 something the DEC must try to use through their
23 land acquisition policy and through other
24 policies.
25 So the whole idea of this is to
2832
1 preserve more land for agriculture and farming.
2 And that can be done in a number of ways. It
3 doesn't have to be through the use of
4 acquisitions through the bond act or through the
5 EPF or through other ways the state obtains land.
6 There's obviously ways the state can facilitate
7 that something can turn into agriculture or
8 farmland and then be considered for this.
9 So you can imagine a certain piece
10 of property that used to have another, let's say
11 more industrial purpose, then becomes for
12 agriculture and farming, and then we say, all
13 right, great, we've now conserved that for
14 agriculture and farming.
15 But I don't think you could say that
16 something that exists right now, under this bill,
17 boom, is -- all of a sudden, by dint of the
18 signature on this legislation, becomes part of
19 the conservation of New York State.
20 SENATOR BORRELLO: Thank you.
21 Madam President, will the sponsor
22 continue to yield?
23 ACTING PRESIDENT PERSAUD: Will the
24 sponsor yield?
25 SENATOR KAMINSKY: Yes.
2833
1 ACTING PRESIDENT PERSAUD: The
2 sponsor yields.
3 SENATOR BORRELLO: So I want to
4 turn to our lakes and waterways, which are also a
5 subject of concern for me.
6 I know at the federal level, with
7 President Biden's trying to address conserving
8 30 percent of all America's lands to be natural
9 and conserved, they also include waterways. And
10 here in New York State we really are blessed with
11 so many lakes and waterways that provide so much
12 to us -- drinking water, sources of energy, and
13 even things like down on Long Island, you've got
14 that wonderful aquaculture farm that has
15 revitalized the -- that industry on Long Island.
16 So my question is, would this bill
17 also address our lakes and waterways as well as
18 the land?
19 SENATOR KAMINSKY: Through you,
20 Madam President, yes, it would. It would address
21 lakes and waterways. It would not address the
22 federal 30 by 30 ocean goal, because those are
23 largely federal waters.
24 SENATOR BORRELLO: Thank you,
25 Madam President.
2834
1 On the bill.
2 ACTING PRESIDENT PERSAUD: Senator
3 Borrello on the bill.
4 SENATOR BORRELLO: I want to again
5 thank Senator Kaminsky for engaging today on
6 this.
7 I do have concerns about this bill
8 because it is rather vague. And I am glad that
9 we had this engagement today to talk about some
10 important issues. Because unfortunately right
11 now the goal in New York State is not to preserve
12 land; the goal is to meet this ridiculous green
13 energy goal that is ultimately resulting in lots
14 of areas being cleared.
15 Right now, as we speak, we have
16 virgin farmland -- or virgin forests and
17 productive farmlands that are being clear-cut to
18 install industrial wind turbines and solar
19 panels. It's going to have to continue. We're
20 going to continue to go backwards and not forward
21 when it comes to preserving our lands because of
22 these ridiculous goals supported by politicians
23 with an agenda and foreign companies that supply
24 the products and the Wall Street investment firms
25 that profit at the expense of the taxpayers to
2835
1 create these boondoggle green energy projects.
2 So I'm going to do something that I
3 haven't done before, based on Senator Kaminsky's
4 honesty on this, is I would actually like to
5 change my vote from no to yes. Because I believe
6 him and I believe that the things we discussed
7 today will be the goals and the standards that we
8 will set to ensure that the industrialization of
9 upstate New York does not happen as a result of
10 this bill.
11 Senator Kaminsky, thank you very
12 much. And thank you, Madam President.
13 ACTING PRESIDENT PERSAUD: Thank
14 you, Senator.
15 Are there any other Senators wishing
16 to be heard?
17 Seeing and hearing none, debate is
18 closed. The Secretary will ring the bell.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT PERSAUD: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT PERSAUD: Senator
2836
1 Kaminsky to explain his vote.
2 SENATOR KAMINSKY: Thank you,
3 Madam President.
4 I want to thank Senator Borrello for
5 the honest debate. You know, so many times we
6 get up and we have rehearsed comments and we
7 don't think we hear each other. So I really
8 appreciate his willingness to change his vote.
9 Also for the opportunity -- I never
10 thought I'd say the word "virgin" so many times
11 on the Senate floor --
12 (Laughter.)
13 SENATOR KAMINSKY: -- so I
14 appreciate that as well.
15 I think this is a very important
16 goal for our state. We wonder when people 50,
17 100 years ago made decisions that would impact us
18 today -- and when I get to go to the Adirondacks,
19 when I get to go to my local parks or different
20 beaches that are protected, I thank the people
21 who came before us that made those wise decisions
22 on behalf of our state.
23 They need to be guided by something,
24 not just whoever sits in whatever office or
25 whoever might be in power. They need to be
2837
1 guided by some sort of plan, of some strategic
2 way of moving forward. And that's what this
3 does. This tells our state that we've already
4 gone two-thirds of where we need to go, but
5 here's how you get to the next 10 percent to
6 protect biodiversity, to protect the beautiful
7 natural lands that we've inherited and don't want
8 to squander, be it to development, to climate
9 change, or anything else.
10 So I vote in the affirmative and
11 appreciate the opportunity for this debate.
12 ACTING PRESIDENT PERSAUD: Senator
13 Kaminsky to be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar 673, those Senators voting in the
17 negative are Senators Akshar, Gallivan, Jordan,
18 Oberacker, O'Mara, Rath, Ritchie and Stec.
19 Ayes, 54. Nays, 8.
20 ACTING PRESIDENT PERSAUD: The bill
21 is passed.
22 Senator Gianaris, that completes the
23 reading of the controversial calendar.
24 SENATOR GIANARIS: Thank you,
25 Madam President.
2838
1 Is there any further business at the
2 desk?
3 ACTING PRESIDENT PERSAUD: There is
4 no further business at the desk.
5 SENATOR GIANARIS: I move to
6 adjourn until tomorrow, Tuesday, April 27th, at
7 3:00 p.m.
8 ACTING PRESIDENT PERSAUD: On
9 motion, the Senate stands adjourned until
10 Tuesday, April 27th, at 3:00 p.m.
11 (Whereupon, at 4:08 p.m., the Senate
12 adjourned.)
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