2839
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 27, 2021
11 3:14 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
2840
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: Reading
14 of the Journal.
15 THE SECRETARY: In Senate, Monday,
16 April 26, 2021, the Senate met pursuant to
17 adjournment. The Journal of Sunday, April 25,
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 The Secretary will read.
25 THE SECRETARY: Senator Lanza moves
2841
1 to discharge, from the Committee on Environmental
2 Conservation, Assembly Bill Number 2000 and
3 substitute it for the identical Senate Bill 5150,
4 Third Reading Calendar 591.
5 ACTING PRESIDENT PERSAUD: The
6 substitution is so ordered.
7 THE SECRETARY: Senator May moves
8 to discharge, from the Committee on Rules,
9 Assembly Bill Number 6966 and substitute it for
10 the identical Senate Bill 6203, Third Reading
11 Calendar 727.
12 ACTING PRESIDENT PERSAUD: The
13 substitution is so ordered.
14 Messages from the Governor.
15 Reports of standing committees.
16 Reports of select committees.
17 Communications and reports from
18 state officers.
19 Motions and resolutions.
20 Senator Gianaris.
21 SENATOR GIANARIS: Thank you,
22 Madam President.
23 On behalf of Senator Kavanagh, on
24 page 33 I offer the following amendments to
25 Calendar Number 607, Senate Print 2903, and ask
2842
1 that said bill retain its place on Third Reading
2 Calendar.
3 ACTING PRESIDENT PERSAUD: The
4 amendments are received, and the bill shall
5 retain its place on the Third Reading Calendar.
6 SENATOR GIANARIS: On behalf of
7 Senator Kennedy, I wish to call up Senate
8 Print 2767, recalled from the Assembly, which is
9 now at the desk.
10 ACTING PRESIDENT PERSAUD: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 260, Senate Print 2767, by Senator Kennedy, an
14 act to establish a Private Student Loan Refinance
15 Task Force.
16 SENATOR GIANARIS: Move to
17 reconsider the vote by which the bill was passed.
18 ACTING PRESIDENT PERSAUD: The
19 Secretary will call the roll on reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT PERSAUD: The bill
23 is restored to its place on the Third Reading
24 Calendar.
25 SENATOR GIANARIS: I offer the
2843
1 following amendments.
2 ACTING PRESIDENT PERSAUD: The
3 amendments are received.
4 SENATOR GIANARIS: Move to adopt
5 the Resolution Calendar, with the exception of
6 Resolutions 652, 657 and 667.
7 ACTING PRESIDENT PERSAUD: All in
8 favor of adopting the Resolution Calendar, with
9 the exception of Resolutions 652, 657, and 667,
10 please signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT PERSAUD: Opposed,
13 nay.
14 (No response.)
15 ACTING PRESIDENT PERSAUD: The
16 Resolution Calendar is adopted.
17 Senator Gianaris.
18 SENATOR GIANARIS: Can we now take
19 up Resolution 667, by Senator Mayer, read that
20 resolution's title, and recognize Senator Mayer
21 on the resolution.
22 ACTING PRESIDENT PERSAUD: The
23 Secretary will read.
24 THE SECRETARY: Senate Resolution
25 667, by Senator Mayer, mourning the death of
2844
1 Marla Offenbach Hurban, distinguished citizen and
2 devoted member of her community.
3 ACTING PRESIDENT PERSAUD: Senator
4 Mayer on the resolution.
5 SENATOR MAYER: Thank you,
6 Madam President.
7 And it's really my honor, and with a
8 great sense of sadness, that I speak about Marla
9 Offenbach Hurban, who was a true leader in our
10 community in the City of Yonkers -- in fact, a
11 visionary leader on behalf of the children of
12 Yonkers, as well as someone who brought
13 intergenerational work into our not-for-profit
14 sector.
15 I like to credit Marla Hurban for
16 teaching all the parents of the children of
17 Yonkers how to be an advocate. Every month she
18 went to the Board of Education meetings as the
19 president of either the entire Yonkers Council of
20 PTAs or representing the schools where her
21 children attended, and she would speak
22 passionately and strongly about the need for
23 funding for the Yonkers public schools. There
24 wasn't a meeting that she didn't attend, she
25 didn't get mad, she didn't pound her fist. She
2845
1 made the case for kids at every meeting.
2 And then between meetings she would
3 invite to her house the members of the Yonkers
4 Council of PTAs, many of whom had never lobbied
5 before. And she taught them how to lobby for
6 money for the Yonkers public schools.
7 She was truly a leader in the public
8 school community. I'd like to say she was one of
9 the few people who sat down and really tried to
10 understand the so-called formula, which no one
11 can really explain very easily. Marla really
12 worked at understanding it and explaining it.
13 She was absolutely adamant that
14 people should understand what were the
15 implications of not having enough money, not
16 having enough sports and arts and music and
17 guidance counselors and social workers for her
18 kids and for every other kid.
19 She coined the phrase "Our children
20 deserve better," which became the hallmark phrase
21 for the children of Yonkers every year, including
22 this year.
23 And then in her job at the Jewish
24 Council of Yonkers, where she was head of
25 intergenerational programming, she brought
2846
1 together seniors with students in our public
2 schools, mostly students of color, to allow them
3 to be mentored by many retired teachers, retired
4 professionals. And it was such a brilliant
5 experience on both sides for both people.
6 She also did something that mattered
7 greatly to me: She encouraged Holocaust
8 survivors to come and speak to our students, who
9 had very little knowledge and experience with the
10 Holocaust, to hear firsthand how these survivors
11 had survived at ages 8, 9, and 10, as they were
12 then. It was a moving experience every time that
13 I attended and every time that it happened.
14 Marla was passionate, empathetic and
15 loving. She was a remarkable part of our
16 community, a true leader. I know the leader and
17 I both, as representatives of Yonkers -- as well
18 as all my colleagues -- send our condolences to
19 her daughter, Helaina, and her son, Joshua, her
20 sister Dana and her brother-in-law Robert.
21 May her memory be a blessing.
22 Thank you.
23 ACTING PRESIDENT PERSAUD: The
24 question is on the resolution. All in favor
25 signify by saying aye.
2847
1 (Response of "Aye.")
2 ACTING PRESIDENT PERSAUD: Opposed?
3 (No response.)
4 ACTING PRESIDENT PERSAUD: The
5 resolution is adopted.
6 Senator Gianaris.
7 SENATOR GIANARIS: Can we now take
8 up Resolution 657, by Senator Ryan, read that
9 resolution's title, and recognize Senator Ryan.
10 ACTING PRESIDENT PERSAUD: The
11 Secretary will read.
12 THE SECRETARY: Senate Resolution
13 657, by Senator Ryan, congratulating Mary Jean
14 Jakubowski upon the occasion of her retirement
15 after nearly 30 years of distinguished service to
16 the Buffalo and Erie County Public Library.
17 ACTING PRESIDENT PERSAUD: Senator
18 Ryan on the resolution.
19 SENATOR RYAN: Thank you,
20 Madam President.
21 Mary Jean Jakubowski, she's a
22 library systems director for the Buffalo and Erie
23 County Public Library. She recently announced
24 her plans to retire after 30 years with the
25 system.
2848
1 I've worked with Mary Jean for
2 several years, as the Libraries chair in the
3 Assembly and now the Libraries chair in the
4 Senate, and I have to tell you, Madam President,
5 that working with Mary Jean has been an absolute
6 pleasure -- not only because of her profound
7 commitment to improving and expanding library
8 access throughout Buffalo and Erie County, or
9 because of her fantastic work ethic and her
10 capabilities as a leader and an innovator, but
11 really the best part about working with Mary Jean
12 was her unparalleled kindness. She's a great
13 person and was terrific to work with.
14 She's an example of somebody who
15 does the work every day for the right reasons,
16 and it shows in all she's been able to achieve
17 during her career at the library system, and
18 she's done it with exceptional humility.
19 She started at the library system as
20 a librarian. She was quickly recognized as a
21 go-getter and someone with tremendous capability,
22 and then she served in many, many different
23 categories. She was the human resources officer,
24 chief operating officer, and finally the systems
25 director, or we would say the president of the
2849
1 library system, for over a decade.
2 She's a visionary when it comes to
3 libraries and how libraries serve people, and
4 she's recognized both in Buffalo and throughout
5 the state. I have meetings often with other
6 library directors where they refer to Mary Jean
7 Jakubowski as a rock star amongst her profession.
8 But that's because she understands libraries as
9 community anchors. She's worked always to expand
10 existing programs, to constantly redefine how we
11 view our libraries, but all the while recognizing
12 a greater accessibility for everyone to use the
13 library system.
14 And she was very successful at
15 reaching those goals. She created the Downtown
16 Reading Park. She created programs that offered
17 sports equipments -- not just books, Madam Chair,
18 but sports equipments to children. Library card
19 amnesty. She helped build the Launch Pad
20 Makerspace. She created the library-by-mail
21 service for people who couldn't get out to the
22 library. And she expanded access to the library
23 by restoring the bookmobile -- that's the big
24 truck that goes around the communities and offers
25 you books right in your neighborhood. It also
2850
1 travels with WiFi that people can tap into.
2 She created internet hotspots in
3 every library in Buffalo and Erie County, not
4 just inside the building but outside. And you'll
5 see today Buffalo kids sitting on the stoops of
6 libraries after they're closed so they can
7 download their homework assignments from the
8 internet. You go to the rural areas, the parking
9 lots are full when the library's closed -- it's
10 the same thing. It's so people of modest means
11 can access the internet, and they do it through
12 the library.
13 And she really shined during the
14 pandemic. She offered the library up to so much
15 different programming. This all happened when
16 you couldn't come into the library. She figured
17 out a way how to deliver the libraries into
18 people's living rooms -- whether it was through
19 backpack pickups, activity boxes, leaving books
20 in boxes outside the library with people's names
21 on it so they could pick it up. She figured out
22 a way to get it done there during the pandemic.
23 And throughout her career, she's
24 risen to every occasion. She's been an
25 invaluable partner to me, an asset to Western
2851
1 New York and New York State. And I'd be lying if
2 I didn't say I was sad to see her go, but at the
3 same time I will wish her well and wish her the
4 absolute best in her retirement, and thank her
5 once again for her service to Buffalo and to the
6 Erie County library systems.
7 Thank you, Madam President.
8 ACTING PRESIDENT PERSAUD: Senator
9 Kennedy on the resolution.
10 SENATOR KENNEDY: Thank you,
11 Madam President. I too rise to honor Mary Jean
12 Jakubowski for her nearly 30 years of service
13 within the Buffalo and Erie County Public Library
14 system.
15 I want to thank the chairman of the
16 Libraries Committee, Senator Ryan, for bringing
17 this important resolution to the floor to honor
18 one of Buffalo's finest.
19 Mary Jean Jakubowski dedicated her
20 life's work to helping others. And under her
21 leadership, the library system has transformed
22 into a true community-minded entity.
23 Most recently, Mary Jean has served
24 as the library system director, overseeing
25 37 libraries, including nine of those in the City
2852
1 of Buffalo, each with its own unique history and
2 characteristics.
3 However, throughout her career she's
4 taken on numerous roles, including COO, human
5 resources officer, central library department
6 head, and of course librarian.
7 She spearheaded various new
8 initiatives, including the Downtown Reading Park,
9 created the library-by-mail service, and helped
10 to build the Launch Pad Makerspace, a space that
11 removes financial and social barriers to creative
12 thinkers by providing free public access to tools
13 like computer programming, 3-D printing, media
14 production and more.
15 Mary Jean understands the power a
16 book can have on a child's life, the ability to
17 transform time and space into a magical and
18 unpredictable journey with the turn of a page.
19 But she also understands the power of emerging
20 technology and has worked tirelessly to
21 incorporate its presence into the library
22 system's footprint.
23 She's gone above and beyond to
24 advocate for more than $20 million in grant
25 funding in order to provide the most impactful
2853
1 and efficient resources for our communities, from
2 our youngest children to our oldest adults. Over
3 the years Mary Jean has focused her time on
4 integrating not only the stories of novelists
5 into these libraries, but the stories of the
6 history and the neighborhood that each of these
7 branches serves.
8 She builds strong partnerships and
9 believes in the power of education. She leads
10 with heart and understands the importance of
11 collaboration. Most importantly, she serves with
12 compassion and inspires others to do the same.
13 And watching her do it all, her
14 incredible family -- her husband, Lawrence, and
15 her daughters, Katelyn and Kristen.
16 Mary Jean, as you enter this next
17 chapter of your retirement -- and yes,
18 Madam President, pun intended -- we thank you for
19 your decades of service and congratulate you on a
20 career that has truly made Western New York and
21 New York State better for all people and all
22 families. Cheers to a new beginning.
23 With that, Madam President, I vote
24 aye.
25 ACTING PRESIDENT PERSAUD: The
2854
1 question is on the resolution. All in favor
2 signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT PERSAUD: Opposed?
5 (No response.)
6 ACTING PRESIDENT PERSAUD: The
7 resolution is adopted.
8 Senator Gianaris.
9 SENATOR GIANARIS: Thank you,
10 Madam President.
11 Now let's take up Resolution 652, by
12 Senator Reichlin-Melnick, read that resolution's
13 title only, and recognize Senator
14 Reichlin-Melnick.
15 ACTING PRESIDENT PERSAUD: The
16 Secretary will read.
17 THE SECRETARY: Senate Resolution
18 652, by Senator Reichlin-Melnick, honoring the
19 life and heroic actions of Jared Lloyd, renowned
20 volunteer firefighter, devoted father and
21 distinguished member of his community.
22 ACTING PRESIDENT PERSAUD: Senator
23 Reichlin-Melnick on the resolution.
24 SENATOR REICHLIN-MELNICK: Thank
25 you, Madam President.
2855
1 I rise today to recognize a hero, a
2 hero from Rockland County named Jared Lloyd.
3 Jared was a 35-year-old volunteer firefighter,
4 father of two, 16-year veteran of the Columbian
5 Engine Company No. 1 of Spring Valley, New York.
6 And on the night of Tuesday,
7 March 23rd of this year, he paid the ultimate
8 price saving lives. Because on that night on
9 March 23rd, the Evergreen Court Adult Home
10 facility in Spring Valley was engulfed in a
11 terrible fire. This was a facility that cared
12 for over a hundred of the most vulnerable people
13 in the community. And it could have been an
14 absolute catastrophe.
15 Jared was one of the first
16 firefighters on the scene. Ultimately, more than
17 150 firefighters responded, multiple departments
18 from multiple states. And he went into this
19 building, and with his follow firefighters saved
20 112 residents of the facility. Only one person
21 from that facility lost their life.
22 Tragically, Jared became trapped in
23 that burning building. He radioed a mayday call
24 to his fellow firefighters, and that was the last
25 that they heard from him.
2856
1 After the building collapsed, it
2 took over 18 hours to find Jared's remains, but
3 his firefighter brothers and sisters brought his
4 remains out of that building once and for all.
5 And they gave him a hero's funeral, because that
6 is what he was and it was what he deserved.
7 He was a beloved father to Darius
8 and Logan, his two children, one of whom turned
9 six the day after this tragedy.
10 The Spring Valley community, the
11 volunteer fire community of Rockland County and
12 well beyond, was devastated by this loss.
13 I had the honor to attend his
14 funeral at the Boulder Stadium in Rockland
15 County, and there were thousands of volunteer
16 firefighters there from all across the tristate
17 area and beyond, paying honor and recognizing
18 Jared Lloyd, who made the ultimate sacrifice and
19 helped save over a hundred lives.
20 So on behalf of the community of
21 Rockland and Spring Valley and the volunteer fire
22 community, we mourn his loss, we celebrate his
23 sacrifice, and we recognize and honor the
24 incredible dedication that he showed to keeping
25 people safe and saving lives.
2857
1 Thank you.
2 ACTING PRESIDENT PERSAUD: The
3 question is on the resolution. All in favor
4 signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT PERSAUD: Opposed?
7 (No response.)
8 ACTING PRESIDENT PERSAUD: The
9 resolution is adopted.
10 Senator Gianaris.
11 SENATOR GIANARIS: At the request
12 of the sponsors, the resolutions that we just
13 took up are open for cosponsorship.
14 ACTING PRESIDENT PERSAUD: The
15 resolutions are open for cosponsorship. Should
16 you choose not to be a cosponsor of the
17 resolutions, please notify the desk.
18 Senator Gianaris.
19 SENATOR GIANARIS: There will be an
20 immediate meeting of the Rules Committee in
21 Room 332.
22 ACTING PRESIDENT PERSAUD: There
23 will be an immediate meeting of the
24 Rules Committee in Room 332.
25 SENATOR GIANARIS: The Senate
2858
1 stands at ease.
2 ACTING PRESIDENT PERSAUD: The
3 Senate stands at ease.
4 (Whereupon, the Senate stood at ease
5 at 3:32 p.m.)
6 (Whereupon, the Senate reconvened at
7 3:40 p.m.)
8 ACTING PRESIDENT MAYER: The Senate
9 will return to order.
10 Senator Gianaris.
11 SENATOR GIANARIS: Madam President,
12 there's a report of the Rules Committee at the
13 desk. Let's take that up, please.
14 ACTING PRESIDENT MAYER: The
15 Secretary will read.
16 THE SECRETARY: Senator
17 Stewart-Cousins, from the Committee on Rules,
18 reports the following bills:
19 Senate Print 5742, by
20 Senator Kaplan, an act to amend a chapter of the
21 Laws of 2021; and
22 Senate Print 6362, by
23 Senator Kavanagh, an act to amend Chapter 381 of
24 the Laws of 2020.
25 All bills reported direct to third
2859
1 reading.
2 SENATOR GIANARIS: Move to accept
3 the report of the Rules Committee.
4 ACTING PRESIDENT MAYER: All those
5 in favor of accepting the report of the
6 Rules Committee signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT MAYER: Opposed,
9 nay.
10 (No response.)
11 ACTING PRESIDENT MAYER: The Rules
12 Committee report is accepted.
13 Senator Gianaris.
14 SENATOR GIANARIS: Please take up
15 the calendar.
16 ACTING PRESIDENT MAYER: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 148, Senate Print 723A, by Senator Hoylman, an
20 act to amend the Public Health Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 90th day after it
25 shall have become a law.
2860
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 317, Senate Print 113, by Senator Kaplan, an act
11 to amend the Business Corporation Law and the
12 Limited Liability Company Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 60th day after it
17 shall have become a law.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
2861
1 THE SECRETARY: Calendar Number
2 380, Senate Print 4478A, by Senator Brouk, an act
3 to amend the Public Health Law and the
4 Environmental Conservation Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 180th day after it
9 shall have become a law.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Senator
14 Serino to explain her vote.
15 SENATOR SERINO: Thank you,
16 Madam President. Nice to see you.
17 ACTING PRESIDENT MAYER: You too.
18 SENATOR SERINO: I'd like to thank
19 the sponsor, Senator Brouk, for bringing this
20 bill forward.
21 And while I certainly share the
22 intent -- to protect children from any
23 potentially dangerous chemicals -- I'm a bit torn
24 on this and just want to put on the record that I
25 think the bill could benefit from some amendments
2862
1 to ensure that it does not have unintended
2 consequences that could hurt our kids down the
3 road.
4 I'm especially concerned when it
5 comes to Lyme and tick-borne diseases. And as
6 you know, I'm always talking ticks. Integrated
7 pest management approaches to reducing the number
8 of ticks can really play an important role in
9 protecting the health and safety of our children,
10 who are especially prone to contracting Lyme and
11 tick-borne diseases.
12 I would urge you to consider
13 amendments to ensure any available tools to
14 reduce the number of ticks can be utilized
15 effectively.
16 And I would also encourage you to
17 take a look at a bill that I sponsor, Senate
18 Bill 3937, that would create a Lyme and
19 tick-borne disease awareness program specifically
20 for children's overnight and day camps. It's
21 amazing, because my bill would also provide
22 guidelines for tick removal and treatment at
23 these facilities and, most importantly, establish
24 rules for parent and guardian notification.
25 I can't tell you how many times that
2863
1 we hear from parents whose child seems to display
2 Lyme symptoms, but they were never alerted that a
3 tick was found on them at a camp or a daycare or
4 school. And being aware of ticks and the very
5 real dangers they present has to become
6 second nature for New Yorkers as the threat
7 continues to rise.
8 As I said before, I think this bill
9 has a laudable goal. But I just want to state
10 for the record that I really don't want to see it
11 have any unintended consequences, and I hope
12 you'll consider some changes.
13 And I vote aye, Madam President.
14 Thank you.
15 ACTING PRESIDENT MAYER: Senator
16 Serino to be recorded in the affirmative.
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar 380, those Senators voting in the
20 negative are Senators Akshar, Borrello, Boyle,
21 Gallivan, Griffo, Jordan, Lanza, Mattera,
22 Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie,
23 Stec and Tedisco.
24 Ayes, 46. Nays, 16.
25 ACTING PRESIDENT MAYER: The bill
2864
1 is passed.
2 THE SECRETARY: Calendar Number
3 418, Senate Print 3396A, by Senator May, an act
4 to amend the Agriculture and Markets Law.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 456, Senate Print 1341, by Senator Brooks, an act
19 to amend the Executive Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
2865
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar 456, voting in the negative:
6 Senator Brisport.
7 Ayes, 61. Nays, 1.
8 ACTING PRESIDENT MAYER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 494, Senate Print 859A, by Senator Gounardes, an
12 act to amend the Labor Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 180th day after it
17 shall have become a law.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 494, those Senators voting in the
25 negative are Senators Borrello, Gallivan,
2866
1 Helming, Jordan, Oberacker, O'Mara, Ortt, Rath,
2 Serino and Tedisco.
3 Ayes, 52. Nays, 10.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 496, Senate Print 3946, by Senator Mayer, an act
8 to amend the Labor Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 30th day after it
13 shall have become a law.
14 ACTING PRESIDENT MAYER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAYER: Announce
18 the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT MAYER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 570, Senate Print 2008B, by Senator Jackson, an
24 act to amend the Insurance Law.
25 ACTING PRESIDENT MAYER: Read the
2867
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 90th day after it
4 shall have become a law.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: In relation to
11 Calendar 570, those Senators voting in the
12 negative are Senators Borrello, Gallivan, Griffo,
13 Oberacker, O'Mara, Ortt, Rath, Serino and Stec.
14 Ayes, 53. Nays, 9.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 574, Senate Print 4111, by Senator Breslin, an
19 act to amend the Insurance Law and the
20 Public Health Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the 60th day after it
25 shall have become a law.
2868
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: In relation to
7 Calendar 574, those Senators voting in the
8 negative are Senators Akshar, Borrello, Gallivan,
9 Martucci, Oberacker, Ortt, Rath, Tedisco and
10 Weik.
11 Ayes, 53. Nays, 9.
12 ACTING PRESIDENT MAYER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 581, Senate Print 4102A, by Senator Savino, an
16 act to amend the Education Law.
17 ACTING PRESIDENT MAYER: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 60th day after it
21 shall have become a law.
22 ACTING PRESIDENT MAYER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAYER: Announce
2869
1 the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 585, Senate Print 4095B, by Senator Sanders, an
7 act to amend the Environmental Conservation Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar 585, those Senators voting in the
19 negative are Senators Akshar, Borrello, Gallivan,
20 Griffo, Helming, Jordan, Lanza, Martucci,
21 Oberacker, O'Mara, Ortt, Rath, Ritchie, Serino,
22 Stec and Tedisco.
23 Ayes, 46. Nays, 16.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
2870
1 THE SECRETARY: Calendar Number
2 591, Assembly Print Number 2000, substituted
3 earlier by Assemblymember Cusick, an act to amend
4 Chapter 306 of the Laws of 2011.
5 ACTING PRESIDENT MAYER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAYER: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAYER: Announce
13 the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 596, Senate Print 5490A, by Senator Hinchey, an
19 act to amend the Labor Law.
20 ACTING PRESIDENT MAYER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
2871
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT MAYER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 656, Senate Print 956, by Senator Gaughran, an
7 act to amend the Public Health Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Senator
16 Gaughran to explain his vote.
17 SENATOR GAUGHRAN: Thank you,
18 Madam President.
19 MTBE, TCP, TCE, PFOA, PFAS,
20 1,4-dioxane. These are abbreviated names for
21 compounds that on Long Island for decades have
22 infiltrated our sole-source aquifer and
23 threatened our drinking water.
24 Our water districts and authorities
25 spend hundreds of millions of dollars building
2872
1 expensive treatment systems to try to filter out
2 these compounds so that we have safe drinking
3 water. And in many cases they just give up, have
4 to shut the well down, purchase land, build a new
5 well at millions of dollars apiece.
6 And this is not just an issue for
7 Long Island, it is an issue for the entire state.
8 And almost all of these chemicals
9 and compounds that threaten our drinking water
10 for decades are there because companies sold
11 products to consumers with full knowledge that
12 one day they would potentially get into our
13 drinking water supply.
14 This Legislature took action last
15 year to make sure that we amended the statute of
16 limitations so that water entities around the
17 state can sue the polluters. This Legislature
18 has also provided hundreds of millions of dollars
19 to these same public entities so that they can
20 build treatment systems.
21 However, the polluters are now in
22 court trying to settle many of these cases and in
23 court asking the judges to reduce the amount of
24 award that they have to pay by the exact amount
25 of the state grants that this state has given
2873
1 them.
2 So this legislation today will end
3 that loophole. It will make sure that if there
4 are any settlements or if there are any awards,
5 they cannot offset the amount of the state grants
6 that the people of New York are giving with their
7 hard-earned tax dollars. And that way we will
8 have hundreds of millions of dollars more
9 available to take care of protecting our drinking
10 water today and for future generations.
11 So Madam President, I vote in the
12 affirmative. Thank you.
13 ACTING PRESIDENT MAYER: Senator
14 Gaughran to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 699, Senate Print 5950, by Senator Cooney, an act
21 to amend the Public Authorities Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
2874
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 701, Senate Print 6003, by Senator Kennedy, an
11 act to amend the Public Authorities Law.
12 ACTING PRESIDENT MAYER: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAYER: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MAYER: Announce
20 the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 724, Senate Print 1256A, by Senator Gianaris, an
2875
1 act to amend the Public Health Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 90th day after it
6 shall have become a law.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 725, Senate Print 1759, by Senator Skoufis, an
17 act to amend the Public Health Law.
18 SENATOR LANZA: Lay it aside.
19 ACTING PRESIDENT MAYER: The bill
20 is laid aside.
21 THE SECRETARY: Calendar Number
22 727, Assembly Print Number 6966, substituted
23 earlier by Assemblymember Bronson, an act to
24 amend the Public Health Law and the
25 Social Services Law.
2876
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the 45th day after it
5 shall have become a law.
6 ACTING PRESIDENT MAYER: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAYER: Senator
10 Serino to explain her vote.
11 SENATOR SERINO: Thank you,
12 Madam President.
13 I'll be supporting this bill today
14 in hopes that it helps families in the midst of a
15 future emergency, but I want to make something
16 really clear for anyone who may be watching.
17 To imply that this bill has done
18 anything to help any of the thousands of families
19 who have been impacted by COVID-19 in New York's
20 nursing homes during this pandemic would be a
21 lie.
22 A version of this bill was first
23 introduced on September 2, 2020. No action was
24 taken on it in 2020 despite the heartbreaking
25 outreach from New Yorkers desperate to see their
2877
1 loved ones.
2 The next version of this bill was
3 introduced on January 6, 2021. It did not pass
4 here in the Senate until February 22nd. It took
5 over a week for it to pass in the Assembly on
6 March 3rd.
7 At that time we made it clear that
8 this bill would do nothing to help reunite
9 families immediately thanks to the fact that it
10 wouldn't take effect for 45 days till it got
11 signed into law.
12 After it finally passed both houses,
13 the Majority here in the Senate held on to the
14 bill for about two weeks before finally sending
15 it to the Governor for his signature. And now,
16 more than 60 days after it first passed in the
17 Senate -- longer than it would have taken for the
18 bill to go into effect had it become law when it
19 first passed -- we're taking up a chapter
20 amendment to it?
21 Why? So you can negotiate changes
22 with the same administration that's under
23 investigation for their handling of nursing homes
24 during this pandemic?
25 This is just one of the many
2878
1 examples of all the hypocrisy of this body, an
2 example of all the ways this body refuses to make
3 these vulnerable residents and their loved ones
4 the top priority that they should be.
5 It's bad enough you've blocked every
6 attempt we've put forward to launch a full review
7 of the state's handling of the COVID crisis in
8 these facilities. And now you want to string the
9 families along, pretending you're doing something
10 to help them when in fact you're still putting
11 them at the very bottom of your priority list.
12 It's not right. New Yorkers deserve better.
13 We're not going to stop pushing for
14 the answers, accountabilities, and better
15 policies nursing home residents, dedicated staff
16 and their loved ones deserve.
17 Thank you, Madam President.
18 ACTING PRESIDENT MAYER: Senator
19 Serino to be recorded in the affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 728, Senate Print 6204, by Senator Rivera, an act
2879
1 to amend the Public Health Law.
2 SENATOR LANZA: Lay it aside.
3 ACTING PRESIDENT MAYER: The bill
4 is laid aside.
5 Senator Gianaris, that completes the
6 reading of today's calendar.
7 SENATOR GIANARIS: Let's move on to
8 the controversial calendar, please.
9 ACTING PRESIDENT MAYER: The
10 Secretary will ring the bell.
11 The Secretary will read.
12 SENATOR GIANARIS: Starting with
13 Calendar 728, please.
14 THE SECRETARY: Calendar Number
15 728, Senate Print 6204, by Senator Rivera, an act
16 to amend the Public Health Law.
17 ACTING PRESIDENT MAYER: Senator
18 Lanza.
19 SENATOR LANZA: Madam President, I
20 believe there's an amendment at the desk. I
21 waive the reading of that amendment and ask that
22 Senator Stec be recognized and heard.
23 ACTING PRESIDENT MAYER: Thank you,
24 Senator Lanza.
25 Upon review of the amendment, in
2880
1 accordance with Rule 6, Section 4B, I rule it
2 nongermane and out of order at this time.
3 SENATOR LANZA: Accordingly,
4 Madam President, I appeal the ruling of the chair
5 and ask that Senator Stec be recognized.
6 ACTING PRESIDENT MAYER: The appeal
7 has been made and recognized, and Senator Stec
8 may be heard.
9 SENATOR STEC: Thank you,
10 Madam President.
11 I rise to appeal the ruling of the
12 chair. The amendment before us is germane
13 because the bill-in-chief deals largely with the
14 Public Health Law and Governor Cuomo has, on
15 numerous occasions over the last year, issued
16 many executive orders superseding, altering and
17 terminating various portions of the Public Health
18 Law.
19 Back on March 5, seven and a half
20 weeks ago, in this chamber we debated a bill that
21 was purported to rescind Governor Cuomo's
22 emergency authorities at the height of a lot of
23 controversy swirling around him, people
24 frustrated with the pandemic and what was going
25 on, and this chamber said it was time to do
2881
1 something about it.
2 They rolled out a bill, and the bill
3 was debated and it was reported that we were
4 going to rescind his authorities. However, that
5 is exactly not what happened. And that was the
6 heart of the debate, was we were actually
7 extending his authority.
8 And I recall standing right here on
9 March 5th and I said, after listening to all this
10 debate, that in two weeks after the Governor
11 signs this bill, we'll know who was right. We'll
12 know whether or not indeed his powers were
13 rescinded or if they were extended.
14 Now here it is March -- or, excuse
15 me, April 27th. And had we done nothing on
16 March 5th, had we done nothing on March 5th, his
17 emergency authorities would have sunsetted three
18 days from now on April 30th.
19 But we didn't. As a matter of fact,
20 the bill that was passed in this chamber and the
21 Assembly and signed into law, not only did it
22 eliminate the sunset of April 30th, it extended
23 it as long as the Governor thinks that there's
24 still an emergency. So in other words,
25 indefinitely.
2882
1 Now, additionally, in the last
2 seven and a half weeks I don't think anyone in
3 the State of New York believes that his emergency
4 powers have been rescinded. We're still subject
5 to curfews and who you can shop with and how many
6 people can be in your home for a gathering and
7 whether or not people can go to a high school
8 graduation. All these things are still being
9 controlled by one person.
10 And our Constitution in the State of
11 New York was not set up to be run as a monarchy.
12 It was not set up to be so that we're here to
13 just debate and talk about issues and be ignored
14 by the Executive.
15 Every day, every session day we've
16 been here this year, this is the 38th time that
17 my side of the aisle, our conference, has put
18 this amendment in front of the house so that we
19 can reestablish -- give you all the opportunity
20 to reestablish ourselves as a coequal branch of
21 government, to be a check on this Executive. And
22 the 37 previous times the Senate has failed to do
23 that.
24 Now, it is being reported this
25 afternoon in local media that the Majority is set
2883
1 to agree to take action and rescind three
2 executive orders that the Governor has in place,
3 and that the Assembly is expected to follow our
4 lead.
5 And that's welcome news. And it's
6 my understanding -- we haven't seen any details
7 yet, but it's my understanding, our understanding
8 that one of these is the food mandate that you
9 can't buy alcohol without also ordering food.
10 Which of course is absolutely nonsensical. COVID
11 isn't afraid of cheeseburgers. COVID doesn't
12 know whether there's food present or not. It's
13 an arbitrary and nonscientific executive order
14 that is crushing thousands of local businesses,
15 has caused tens of thousands of people in
16 New York State to lose their jobs. It should
17 have been scratched long ago. It should have
18 been scratched at the beginning of the year on
19 day one when we moved a hostile amendment to
20 strip him of these powers.
21 If the legislation on March 5th did
22 what you all said it was going to do, maybe it
23 would have ended on March 5th. But here we are
24 April 27th -- three days before the executive
25 orders would have ended and sunset due to last
2884
1 year's legislation -- and we're talking about it
2 again today.
3 So we welcome your side of the aisle
4 from -- to coming over and being willing to start
5 moving to eliminate three of his executive
6 orders. That's a good first step to
7 reestablishing ourselves as a coequal branch of
8 government. But it does not go far enough. It
9 is not nearly enough to restore our
10 constitutional obligation.
11 And for those reasons, on behalf of
12 my colleagues and all New Yorkers who sent us
13 here to serve in the Legislature and be a check
14 on the Executive, I urge you to reconsider,
15 Madam President, your ruling and vote that this
16 amendment is germane so that we can get back to
17 work and be a coequal branch of government and a
18 check on this Governor.
19 Thank you.
20 ACTING PRESIDENT MAYER: Thank you,
21 Senator.
22 I want to remind the house that the
23 vote is on the procedures of the house and the
24 ruling of the chair.
25 Those in favor of overruling the
2885
1 chair signify by saying aye.
2 SENATOR LANZA: Request a show of
3 hands.
4 SENATOR GIANARIS: Madam President,
5 we have agreed to waive the showing of hands and
6 record each member of the Minority in the
7 affirmative.
8 I can also confirm for Senator Stec
9 the reports are true.
10 (Laughter.)
11 ACTING PRESIDENT MAYER: Without
12 objection, so ordered.
13 Announce the results.
14 THE SECRETARY: Ayes, 20.
15 ACTING PRESIDENT MAYER: The ruling
16 of the chair stands, and the bill-in-chief is
17 before the house.
18 Are there any other Senators wishing
19 to be heard?
20 Seeing none, debate is closed. The
21 Secretary will ring the bell.
22 Read the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the same date and in the
25 same manner as a chapter of the Laws of 2021.
2886
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Announce
5 the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 725, Senate Print 1759, by Senator Skoufis, an
11 act to amend the Public Health Law.
12 ACTING PRESIDENT MAYER: Senator
13 Oberacker.
14 SENATOR OBERACKER: Yes, I rise --
15 thank you, Madam President. I was wondering if I
16 could ask the sponsor some questions on the bill.
17 ACTING PRESIDENT MAYER: Senator
18 Gianaris.
19 SENATOR GIANARIS: Senator Rivera
20 will be handling the debate for our side,
21 Madam President.
22 ACTING PRESIDENT MAYER: Senator
23 Rivera, do you yield?
24 SENATOR RIVERA: I'm ba-ack.
25 And yes, I do yield,
2887
1 Madam President.
2 ACTING PRESIDENT MAYER: The
3 Senator yields.
4 SENATOR OBERACKER: Thank you,
5 Madam President.
6 And thank you, Senator Rivera, for
7 allowing me this.
8 My question, my first question is
9 concerning the list of substances that are listed
10 in the bill. And I was wondering how were they
11 arrived at or how was it calculated to bring
12 those list of substances onto the bill?
13 SENATOR RIVERA: Through you,
14 Madam President. These are our list of chemicals
15 that were included in the U.S. Environmental
16 Protection Agency's Third Unregulated Contaminant
17 Monitoring Rule.
18 So between 2013 and 2015, there
19 were -- utilities have to be tested for different
20 chemicals. This bill would add a number of them.
21 I will not read all of them into the
22 record, Madam President, not only because they
23 are complicated but because I am sure that the
24 transcription would just show me doing
25 gobbledygook. So let's just say that when you're
2888
1 talking about different chemicals which cause our
2 human -- carcinogens that can cause injuries to
3 kidney and liver, that may cause allergy or
4 asthma symptoms, can affect bone growth, may lead
5 to increased cholesterol levels, increased risk
6 of high blood pressure, et cetera, et cetera, et
7 cetera. This is a -- it's a comprehensive list
8 that I believe is necessary to be added to
9 Section 1112 of the -- which is the emergent
10 contaminant monitoring section of the law in the
11 state, again, to make sure that New Yorkers can
12 be protected from all of these different
13 chemicals and their potential impacts on the
14 body.
15 SENATOR OBERACKER: Madam
16 President, would Senator Rivera continue to
17 yield.
18 ACTING PRESIDENT MAYER: Senator
19 Rivera, do you continue to yield?
20 SENATOR RIVERA: Yes,
21 Madam President.
22 ACTING PRESIDENT MAYER: The
23 Senator yields.
24 SENATOR OBERACKER: Thank you.
25 So does the DEC or the federal EPA
2889
1 have any data indicating the presence of any or
2 all of these substances in state drinking water?
3 SENATOR RIVERA: Through you,
4 Madam President. Adding these chemicals to the
5 list is precisely about making sure that if they
6 are found in different drinking water, that they
7 are -- that because of these contaminants, as I
8 said earlier, can have all these different
9 impacts, we can make sure to actually remediate
10 the drinking water in these different wells or
11 different potable drinking systems around the
12 state.
13 So while I'm hoping that we never
14 find any of them -- but since we know that if we
15 do, they can have all the different effects that
16 I talked about earlier, I would hope that
17 anyone -- that everyone would want these to be
18 added to the list of potential chemicals that
19 should be tested for.
20 So even though, Madam President, I
21 am not familiar with every single potable
22 drinking water system across the state, I would
23 hope that any and all of them -- which by the way
24 would be -- is already required to be tested
25 every three years, that none of this -- none of
2890
1 these chemicals will be found. But again, we
2 need to add them to the list to make sure that if
3 they are found, they can be remediated.
4 SENATOR OBERACKER: Through you,
5 Madam President, would Senator Rivera continue to
6 yield.
7 ACTING PRESIDENT MAYER: Senator
8 Rivera, do you yield?
9 SENATOR RIVERA: Yes,
10 Madam President.
11 ACTING PRESIDENT MAYER: The
12 Senator yields.
13 SENATOR OBERACKER: Thank you.
14 So basically we're going to be
15 testing for things that we haven't found yet.
16 And with that, I have a question of -- who's
17 going to bear the costs of the testing that would
18 required for the emerging contaminants identified
19 by this legislation?
20 SENATOR RIVERA: Through you,
21 Madam President, if the system is -- serves
22 10,000 people or less, that would be a system --
23 the EPA establishes that if a system serves less
24 than 10,000 people, it is paid for by the
25 Environmental Protection Agency.
2891
1 If it is larger than 10,000 people,
2 then the cost would go to the locality. But I
3 will tell you, Madam President, that the cost is
4 from $50 to $470 per sample per testing method,
5 on average.
6 So in the absolute worst case
7 scenario, Madam President, that would be every
8 three years. And this is, again, testing
9 drinking water, so the actual stuff that our body
10 needs to function, that we have to put in our
11 body every day, for chemicals that can cause
12 cancer, that can cause asthma, that can cause all
13 sorts of things.
14 So the cost at the worst-case
15 scenario, Madam President, every three years
16 would be $11,000. At the very, very, very top.
17 But that is, again, in the worst-case scenario.
18 So the cost for large systems,
19 meaning larger systems that serve more than
20 10,000 people, by the systems themselves. And
21 less than 10,000, by the Environmental Protection
22 Agency.
23 SENATOR OBERACKER: Through you,
24 Madam President, would Senator Rivera continue to
25 yield.
2892
1 ACTING PRESIDENT MAYER: Senator
2 Rivera, do you continue to yield?
3 SENATOR RIVERA: I do,
4 Madam President.
5 ACTING PRESIDENT MAYER: The
6 Senator yields.
7 SENATOR OBERACKER: Thank you.
8 So there's an acronym -- and I was
9 wondering, and this may not be a fair question to
10 Senator Rivera, but I would like to know, what
11 does PPM stand for or define?
12 SENATOR RIVERA: Through you,
13 Madam President, if the Senator can repeat the
14 acronym.
15 SENATOR OBERACKER: Sure. PPM,
16 Peter, Peter, Mark.
17 SENATOR RIVERA: Peter, Peter,
18 Mark.
19 That would be -- Madam President, I
20 believe that would be parts per million. I
21 thought for a second it was RPM, and I thought
22 that we were going to have a completely different
23 conversation. But it is -- PPM would be parts
24 per million, Madam President.
25 SENATOR OBERACKER: Madam
2893
1 President, would Senator Rivera continue to
2 yield.
3 ACTING PRESIDENT MAYER: Senator
4 Rivera, do you continue to yield?
5 SENATOR RIVERA: Yes,
6 Madam President.
7 ACTING PRESIDENT MAYER: The
8 Senator yields.
9 SENATOR OBERACKER: Senator, you
10 are correct. And thank you for answering that
11 question.
12 My next question would be, would the
13 Senator have a rough idea of what a million
14 gallons would encompass as far as potential area,
15 you know, size, depth, those type of things. If
16 you had to make a guess, what would the
17 dimensions be of a container that would hold a
18 million gallons?
19 SENATOR RIVERA: Through you,
20 Madam President. This room, maybe? I have no --
21 I sincerely have no clue. I am not a spatial
22 engineer. So I would say a crapload of space.
23 For the record, Madam President, through you.
24 (Laughter.)
25 SENATOR OBERACKER: Madam
2894
1 President, on the bill.
2 ACTING PRESIDENT MAYER: Senator
3 Oberacker on the bill.
4 SENATOR OBERACKER: First and
5 foremost, I would like to thank Senator Rivera
6 for stepping in and giving the answers to this
7 bill.
8 And just as an after-note, to give
9 the dimensions of a container that would hold a
10 million gallons of, say, water you're looking at
11 approximately an area of 267 feet by 350 feet by
12 10 feet deep.
13 So parts per million, as
14 Senator Rivera so adequately explained, you would
15 have one gallon of any type of chemical or
16 ingredient into those size dimensions to get one
17 part per million.
18 One of the things I'm keenly aware
19 of as a food scientist is the way the words have
20 an effect on the public. So a word like
21 bicarbonate of soda has a very scary connotation
22 to it, yet each and every one of us has baking
23 soda in our homes.
24 Sodium carbonate would be another
25 chemical-sounding name. And again, that would be
2895
1 a -- defined as potash in its common terms.
2 And then most importantly,
3 dihydrogen monoxide, which sounds like this
4 insidious type of ingredient -- and that's the
5 chemical name for water.
6 So I think we can all agree that
7 when we speak about chemicals, that it's how it's
8 presented and how it's worded that has a true
9 effect on the public that we represent.
10 And again, I would like to
11 appreciate Senator Rivera's answers on that. And
12 I believe he really does care about the safety
13 and the quality, you know, of our drinking water,
14 as I do and as I'm sure all of us here do.
15 However, instituting repetitive
16 testing requirements along with imposing
17 unnecessary costly mandates on our local
18 municipalities accomplishes really very little,
19 especially when there is no known existence of
20 many of these contaminants here in New York.
21 As a former town supervisor for a
22 small town in Otsego County, the Town of
23 Maryland, being in charge of our water system, I
24 can speak unequivocally that any of the chemicals
25 that were listed in the bill have a zero chance
2896
1 of showing up in our water system, yet we're
2 going to have to test for them. And especially
3 when, again, there is no known existence of any
4 of these contaminants in New York.
5 If the state feels these tests are
6 important, great. Put the money in the budget,
7 hold our local municipalities harmless, and
8 mandate that the state conduct the tests.
9 Absent these changes, I,
10 Madam President, will be voting in the negative.
11 Thank you.
12 ACTING PRESIDENT MAYER: Are there
13 any other Senators wishing to be heard?
14 Seeing and hearing none, debate is
15 closed. The Secretary will ring the bell.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Senator
23 Rivera to explain his vote.
24 SENATOR RIVERA: Thank you,
25 Madam President.
2897
1 First of all I'd like to thank
2 Senator Skoufis, who is on baby duty today, doing
3 something very important, so obviously that is
4 why he's not here.
5 But I had the pleasure of debating
6 it. Thank you, Senator Oberacker, for bringing
7 this stuff up. I just wanted to say a couple of
8 quick things, Madam President.
9 First of all, this is related to
10 Section 1112 of the emergent contaminant
11 monitoring system that we have in the State of
12 New York, is already in state law. Every single
13 potable drinking water system across the state
14 has to test every three years. As I said, the
15 ones that are smaller, serving less than 10,000
16 people, can get federal money to pay for this,
17 are responsible for doing it themselves.
18 And it would seem to me that we
19 should be -- that obviously we're responsible if
20 we are a governmental system for making sure that
21 our people can, you know, have water in them
22 that's not contaminated. And we're talking about
23 things that, again, cause potential cancer, may
24 damage fertility of an unborn child, can lead to
25 enlarged thyroids, et cetera, et cetera,
2898
1 et cetera.
2 It is true that in some of these
3 instances we might not have evidence that any of
4 this is in the water, but that is why you test.
5 And I believe that adding all of this is wise, is
6 necessary, and I'm glad that we're able to move
7 this bill today.
8 So thank you, Senator Skoufis, for
9 introducing it, and I vote in the affirmative.
10 Thank you, Madam President.
11 ACTING PRESIDENT MAYER: Senator
12 Rivera to be recorded in the affirmative.
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar 725, those Senators voting in the
16 negative are Senator Akshar, Borrello, Gallivan,
17 Griffo, Oberacker, O'Mara, Ortt, Rath, Ritchie
18 and Stec.
19 Ayes, 52. Nays, 10.
20 ACTING PRESIDENT MAYER: 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.
2899
1 An announcement that following
2 session there will be a virtual meeting of the
3 Judiciary Committee via Zoom.
4 ACTING PRESIDENT MAYER: Following
5 session there will be an immediate virtual
6 meeting of the Judiciary Committee via Zoom.
7 SENATOR GIANARIS: Is there any
8 further business at the desk?
9 ACTING PRESIDENT MAYER: There is
10 no further business at the desk.
11 SENATOR GIANARIS: Move to adjourn
12 until tomorrow, Wednesday, April 28th, at
13 11:00 a.m.
14 ACTING PRESIDENT MAYER: On motion,
15 the Senate stands adjourned until Wednesday,
16 April 28th, at 11:00 a.m.
17 (Whereupon, at 4:15 p.m., the Senate
18 adjourned.)
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