1318
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 13, 2023
11 3:52 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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21
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: 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 BAILEY: The
9 Rabbi Shmuel Butman, director of the Lubavitch
10 Youth Organization in Brooklyn, New York, will
11 deliver today's invocation.
12 Rabbi?
13 RABBI BUTMAN: Let us pray. {In
14 Hebrew.}
15 Our heavenly Father, please bestow
16 Your blessings upon the members of the New York
17 State Senate, especially as they are passing a
18 resolution, the resolution honoring the Rebbe,
19 the Lubavitcher Rebbe, with 121 days of education
20 in the State of New York.
21 The whole world is worried about
22 safety and security. The people in Crown Heights
23 are worried about safety and security. The
24 people in Brooklyn are worried about safety and
25 security. The people in New York State are
1320
1 worried about safety and security. The people in
2 the United States are worried about safety and
3 security. The people in Israel, the people in
4 Europe, the people in the Middle East -- everyone
5 is worried about safety and security.
6 And for good reason. Every mother
7 wants to see their children grow up and their
8 children's children grow up and have a lot of
9 prosperity and so on.
10 The Rebbe says that there is one way
11 that we can assure that there should be safety
12 and security in this world, and that is by
13 educating our children -- not when they're 19 or
14 20 years old, because when he is 19 and she is
15 19, that may be a little too late, by starting
16 early.
17 The Rebbe always said, and he said
18 it so many times, when he's speaking about
19 education he means education of all children,
20 regardless of race and religion, of all children.
21 And he wants all children to know that there is
22 an Ear that hears and an Eye that sees and that
23 the world is not a jungle.
24 And we should start early. When you
25 are proclaiming 121 days of education, that is
1321
1 going to make a big difference. The State of
2 New York is a leading state in the United States;
3 the United States is a leading power in the
4 world. So this is going to have international
5 connotations, 121 days of education.
6 In 1991 I went to Washington to open
7 the United States Senate. Before I went to
8 Washington, I went to see the Rebbe. And the
9 Rebbe said to me that while I am doing the prayer
10 in Washington, I should put in a dollar in a
11 tzedakah box. A tzedakah box means a charity
12 box. And he says that everyone should see what
13 you are doing, and let them know what money
14 should be used for.
15 We're going to do the same, and I am
16 going to put in a dollar, as the Rebbe told me,
17 in this box. Now, this box this year is new, as
18 you can see. It's transparent, because I was
19 told that in Albany you like transparency. So
20 we're doing to do it tonight, and we're going to
21 ask you -- this afternoon we're going to ask you,
22 if you can, to contribute one dollar for goodness
23 and kindness.
24 Now, this is not a fundraising
25 campaign, don't get scared. Because if it would
1322
1 be, we would ask you for much more than one
2 dollar. We're asking you for one dollar, and
3 don't make a mistake; we don't take $5 bills. We
4 only take one dollar, because that is an act of
5 goodness and kindness. We have to change this
6 world and make this world a better place.
7 I also want to tell you that every
8 single Saturday, every single Shabbos, in our
9 shuls we sing a special prayer for you. We say
10 the {in Hebrew}. All those who serve the public
11 faithfully, as you are, we're asking for a prayer
12 that Almighty God should keep you and He should
13 sustain you and give you a lot of nachas. Nachas
14 means happy tidings in your personal life and in
15 your communal life.
16 I also want to give you one more
17 blessing. You should pass the budget
18 successfully today. Amen.
19 (Laughter.)
20 ACTING PRESIDENT BAILEY: Speak
21 that budget talk into existence, Rabbi.
22 Reading of the Journal.
23 THE SECRETARY: In Senate, Friday,
24 March 10, 2023, the Senate met pursuant to
25 adjournment. The Journal of Thursday, March 9,
1323
1 2023, was read and approved. On motion, the
2 Senate adjourned.
3 ACTING PRESIDENT BAILEY: Without
4 objection, the Journal stands approved as read.
5 Presentation of petitions.
6 Messages from the Assembly.
7 The Secretary will read.
8 THE SECRETARY: Senator Mannion
9 moves to discharge, from the Committee on
10 Disabilities, Assembly Bill Number 3534 and
11 substitute it for the identical Senate Bill 2494,
12 Third Reading Calendar 343.
13 ACTING PRESIDENT BAILEY: So
14 ordered.
15 Messages from the Governor.
16 Reports of standing committees.
17 Reports of select committees.
18 Communications and reports from
19 state officers.
20 Motions and resolutions.
21 Senator Gianaris.
22 SENATOR GIANARIS: Mr. President,
23 good afternoon.
24 Amendments are offered to the
25 following Third Reading Calendar bills. By
1324
1 Senator Stavisky, Calendar 238, Senate Print
2 447B. And by Senator Mannion, Calendar 317,
3 Senate Print 3419.
4 ACTING PRESIDENT BAILEY: The
5 amendments are received, and those bills will
6 retain their places on the Third Reading
7 Calendar.
8 SENATOR GIANARIS: I also wish to
9 call up the following bills, which were recalled
10 from the Assembly and are now at the desk:
11 Senate Print Numbers 3609A, 4270, and 1448.
12 ACTING PRESIDENT BAILEY: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 339, Senate Print 3609A, by Senator Webb, an act
16 to amend the Public Health Law.
17 Calendar Number 355, Senate Print
18 4270, by Senator Parker, an act to amend the
19 Agriculture and Markets Law.
20 Calendar Number 404, Senate Print
21 1448, by Senator Sanders, an act to amend the
22 Education Law.
23 SENATOR GIANARIS: Move to
24 reconsider the vote by which these bills were
25 passed.
1325
1 ACTING PRESIDENT BAILEY: Call the
2 roll on reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 55.
5 ACTING PRESIDENT BAILEY: The bills
6 are restored to their places on the Third Reading
7 Calendar.
8 SENATOR GIANARIS: I offer the
9 following amendments.
10 ACTING PRESIDENT BAILEY: The
11 amendments are received, and those bills will
12 retain their places on the Third Reading
13 Calendar.
14 SENATOR GIANARIS: Mr. President,
15 at this time there's a privileged resolution at
16 the desk. Please take that up, read its title,
17 and recognize Senator Myrie.
18 ACTING PRESIDENT BAILEY: There is
19 a privileged resolution at the desk.
20 The Secretary will read.
21 THE SECRETARY: Senate Resolution
22 554, by Senator Myrie, commemorating the
23 Anniversary celebration of the Birthday of the
24 revered Lubavitcher Rebbe, Rabbi Menachem M.
25 Schneerson.
1326
1 ACTING PRESIDENT BAILEY: Senator
2 Myrie on the resolution.
3 SENATOR MYRIE: Thank you,
4 Mr. President.
5 And first let me extend my gratitude
6 to Rabbi Butman for making the trip up to Albany
7 and giving us those blessings and the invocation.
8 We are celebrating the 121st
9 birthday of the Rebbe -- someone responsible for
10 so much good in this world, someone responsible
11 for unity in our communities.
12 And I have the honor of representing
13 Crown Heights, which is the headquarters of the
14 Lubavitch movement. And I not only represent
15 Crown Heights but grew up in Crown Heights, went
16 to school in Crown Heights. And the relationship
17 between our friends and neighbors, both our
18 Jewish friends and neighbors, our Black friends
19 and neighbors, has been a staple of what
20 Crown Heights is and what it represents.
21 And the Rebbe was also someone who
22 believed deeply in remaining in Crown Heights.
23 Even amongst turmoil, even amongst tragedy, he
24 thought it was important for our Jewish friends
25 and neighbors to remain in Crown Heights.
1327
1 And that is a principle that all of
2 us can continue to uplift and uphold today. Our
3 communities have worked together against the
4 forces pushing us out, both Jewish residents and
5 non-Jewish residents.
6 And just last year, working
7 together, we passed the Foreclosure Abuse
8 Prevention Act, something that will continue to
9 keep homeowners of every stripe, of every race
10 and every culture in their homes and protecting
11 the wealth that they have built over generations.
12 I believe that is in the spirit of
13 the Rebbe, and that as a representative of this
14 community, I am honored to honor the Rebbe every
15 single birthday. We will continue to do so. We
16 will continue to uplift his spirit and carry that
17 notion that no matter what you look like, no
18 matter where you're from, and no matter how you
19 worship, we should do it together and for the
20 upliftment of the entire community.
21 So I will be voting in the
22 affirmative, and I urge all of my colleagues to
23 support this resolution in honor of the Rebbe's
24 memory.
25 Thank you.
1328
1 RABBI BUTMAN: Thank you very much.
2 ACTING PRESIDENT BAILEY: Thank
3 you, Senator Myrie.
4 The question is on the resolution.
5 All those in favor signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT BAILEY: Opposed,
8 nay.
9 (No response.)
10 ACTING PRESIDENT BAILEY: The
11 resolution is adopted.
12 Senator Gianaris.
13 SENATOR GIANARIS: Thank you,
14 Mr. President.
15 I believe Senator Myrie would like
16 to open that resolution for cosponsorship.
17 ACTING PRESIDENT BAILEY: The
18 resolution is open for cosponsorship. Should you
19 choose not to be a cosponsor, please notify the
20 desk.
21 SENATOR GIANARIS: Please call on
22 Senator Brouk for an introduction.
23 ACTING PRESIDENT BAILEY: Senator
24 Brouk for the purposes of an introduction.
25 SENATOR BROUK: Thank you,
1329
1 Mr. President, for allowing me the time to
2 introduce our special guests with us today.
3 I want to welcome the students and
4 youth advocates here with the Hillside
5 Work-Scholarship Connection program. These
6 students are here today from Binghamton,
7 Syracuse, Greece -- a suburb of Rochester,
8 New York, where Senator Cooney represents -- and
9 parts of the City of Rochester where I proudly
10 represent.
11 So on behalf -- there they are.
12 Hello. On behalf of the Legislature, thank you
13 for making the trip here to Albany and being
14 advocates and for showing all of us how much this
15 program does to help set our young people up for
16 success.
17 This program improves graduation
18 rates, helps students navigate the college
19 application process, find their first job. The
20 team at Hillside is really making sure that young
21 people across our state are prepared for life
22 after high school and have the tools that they
23 need to thrive.
24 Thus, Mr. President, I ask that we
25 welcome these guests and extend to them the
1330
1 courtesies and privileges of the house.
2 Welcome.
3 ACTING PRESIDENT BAILEY: To our
4 guests, I welcome you on behalf of the Senate.
5 We extend to you all of the privileges and
6 courtesies of this house.
7 Please rise and be recognized.
8 (Standing ovation.)
9 ACTING PRESIDENT BAILEY: Senator
10 Gianaris.
11 SENATOR GIANARIS: Please take up
12 the reading of the calendar.
13 ACTING PRESIDENT BAILEY: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 195, Senate Print 1732, by Senator Mayer, an act
17 to amend the Education Law.
18 ACTING PRESIDENT BAILEY: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of September.
22 ACTING PRESIDENT BAILEY: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BAILEY: Announce
1331
1 the results.
2 THE SECRETARY: Ayes, 63.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 202, Senate Print 1179, by Senator Harckham, an
7 act to amend the Environmental Conservation Law.
8 ACTING PRESIDENT BAILEY: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BAILEY: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BAILEY: Senator
16 Harckham to explain his vote.
17 SENATOR HARCKHAM: Thank you very
18 much, Mr. President.
19 This is a measure that this body has
20 passed twice. So at the risk of showing my age,
21 I could just say, like Warner Wolf used to say,
22 "Let's go to the videotape" and air my previous
23 remarks on this.
24 But I rise because of the importance
25 of this bill, which has passed in a bipartisan
1332
1 fashion in this house, and with the hopes of
2 educating our colleagues down the hall in the
3 Assembly on the importance of this.
4 You know, as we advance our climate
5 goals and our clean energy goals, one of the ways
6 our municipalities can be helpful and serve their
7 local constituents is with community solar,
8 providing them with more reliability and
9 lower-cost energy right in their own communities.
10 And we've heard of the problems
11 about siting in public lands, siting in farmland,
12 so one of the perfect solutions is the parking
13 lots of local parks. And we had a personal
14 experience where a municipality came to us -- and
15 the alienation process, as we know, in this
16 chamber and in the other chamber combined can
17 take up to a year. And in that time span, the
18 incentives that were in place for the developer
19 to make the deal expired.
20 So we were thinking, why do we have
21 to go to alienation every time we want to put a
22 solar array over a parking lot and a town pool, a
23 town Little League field, or other town
24 recreational facilities. So this bill allows
25 solar installations on local park parking lots,
1333
1 only on impervious surfaces. So nothing
2 impacting the green space or the recreational
3 opportunities.
4 This is a win/win for localities,
5 it's a win/win for our climate goals. I thank
6 our colleagues for your support in the past and
7 today, and let's work to get the Assembly to pass
8 this as well.
9 Thank you very much.
10 ACTING PRESIDENT BAILEY: Senator
11 Harckham to be recorded in the affirmative.
12 Announce the results.
13 THE SECRETARY: In relation to
14 Calendar Number 202, those Senators voting in the
15 negative are Senators Griffo and Weik.
16 Ayes, 61. Nays, 2.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 230, Senate Print 1804, by Senator Addabbo, an
21 act to amend the Public Service Law.
22 SENATOR LANZA: Lay it aside.
23 ACTING PRESIDENT BAILEY: Lay it
24 aside.
25 THE SECRETARY: Calendar Number
1334
1 272, Senate Print 2426, by Senator Persaud, an
2 act to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT BAILEY: Read the
4 last section.
5 THE SECRETARY: Section 6. This
6 act shall take effect one year after it shall
7 have become a law.
8 ACTING PRESIDENT BAILEY: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BAILEY: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar Number 272, voting in the negative:
15 Senator Brisport.
16 Ayes, 62. Nays, 1.
17 ACTING PRESIDENT BAILEY: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 280, Senate Print 3255, by Senator Hoylman-Sigal,
21 an act to amend the Executive Law.
22 ACTING PRESIDENT BAILEY: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 90th day after it
1335
1 shall have become a law.
2 ACTING PRESIDENT BAILEY: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BAILEY: Announce
6 the results.
7 THE SECRETARY: Ayes, 63.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 299, Senate Print 3546, by Senator Kennedy, an
12 act to amend the New York State Urban Development
13 Corporation Act.
14 ACTING PRESIDENT BAILEY: Read the
15 last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect on the first of April.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Senator
22 Kennedy to explain his vote.
23 SENATOR KENNEDY: Thank you,
24 Mr. President.
25 First of all, I want to thank my
1336
1 colleagues and thank the leader, Andrea
2 Stewart-Cousins, for bringing this bill to the
3 floor today.
4 This bill is titled the FRESH Act,
5 the Food Retail Establishment Subsidization for
6 Healthy Communities. A fancy way of saying our
7 communities that have food deserts need fresh
8 produce, they need fresh fruits and vegetables to
9 help our communities be strong and healthy.
10 Across the nation there are
11 23.5 million Americans that currently live in
12 these food deserts. And according to USDA
13 research, more than 2.5 million Americans live
14 more than a mile away from a supermarket and do
15 not own a car.
16 So back in my district, in Buffalo
17 and in Lackawanna, there are several food deserts
18 where at least one-third of the population lives
19 more than a mile from a supermarket or a large
20 grocery store. They have little to no access to
21 fresh, healthy food options, all because grocers
22 have chosen not to invest in these neighborhoods.
23 These communities are often underserved,
24 low income, and at risk for diabetes and obesity.
25 This gap in access to proper
1337
1 nutrition is simply unacceptable. And just this
2 past year we had two stark examples of the impact
3 of food deserts in the Western New York
4 community. We all know what happened on
5 May 14th, when a racist terrorist came to Buffalo
6 and killed 10 people and injured three more. He
7 chose that location, Tops Friendly Markets on
8 Jefferson Avenue, because he knew it was located
9 in a food desert and he knew that Tops Friendly
10 Markets was the only place within the local
11 community for folks to shop. Because of that,
12 there are souls that were lost that day.
13 He knew that this community was
14 predominantly Black and people would be shopping
15 that Saturday morning. Our community will never
16 fully heal from that loss.
17 On top of that, during the December
18 blizzard, the Aldi supermarket in Buffalo's
19 Broadway-Fillmore neighborhood, which is, once
20 again, one of the only full-service supermarkets
21 in that community, was looted by a few bad
22 actors. The result? A low-income community
23 temporarily was left without convenient access to
24 healthy, fresh foods.
25 In both of these cases, Tops and
1338
1 Aldi prioritized the reopening of these
2 critically important stores, and I commend them
3 for that. But it only underscores how tenuous
4 food security actually is for communities in food
5 deserts.
6 All New Yorkers, Mr. President,
7 deserve access to fresh foods, regardless of
8 zip code or socioeconomic status. Through the
9 implementation of this bill, the FRESH Act, we're
10 incentivizing opportunities for supermarkets to
11 put down roots in urban and rural areas that
12 currently lack sufficient access to healthy food.
13 In turn, we're not only requiring
14 them to provide nutritional, locally sourced
15 produce, we're also requesting that they create
16 local jobs for the surrounding communities that
17 they choose to invest in.
18 Through this legislation, we're
19 attempting to right the wrongs and close the
20 current gaps that exist by providing the kind of
21 accessibility to healthy food options that
22 everyone rightfully deserves.
23 Again, I want to thank the Majority
24 Leader, Andrea Stewart-Cousins. I want to thank
25 the chair of Agriculture, Senator Michelle
1339
1 Hinchey, and all of my colleagues for supporting
2 this important piece of legislation.
3 With that, Mr. President, I vote
4 aye.
5 ACTING PRESIDENT BAILEY: Senator
6 Kennedy to be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 299, those Senators voting in the
10 negative are Senators Brisport, Griffo, Skoufis
11 and Walczyk.
12 Ayes, 59. Nays, 4.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 305, Senate Print 2096, by Senator Thomas, an act
17 in relation to authorizing the County of Nassau
18 assessor to accept an application for a
19 retroactive real property tax exemption.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
1340
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar Number 305, those Senators voting in the
6 negative are Senators O'Mara and Skoufis.
7 Ayes, 61. Nays, 2.
8 ACTING PRESIDENT BAILEY: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 314, Senate Print 3302, by Senator Sepúlveda, an
12 act to amend the Environmental Conservation Law.
13 ACTING PRESIDENT BAILEY: Read the
14 last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect one year after it shall
17 have become a law.
18 ACTING PRESIDENT BAILEY: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BAILEY: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar 314, those Senators voting in the
25 negative are Senators Borrello, Gallivan, Griffo,
1341
1 Oberacker, O'Mara, Ortt, Stec and Walczyk.
2 Ayes, 55. Nays, 8.
3 ACTING PRESIDENT BAILEY: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 343, Assembly Print Number 3534, by
7 Assemblymember Santabarbara, an act to amend the
8 Mental Hygiene Law.
9 ACTING PRESIDENT BAILEY: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 60th day after it
13 shall have become a law.
14 ACTING PRESIDENT BAILEY: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BAILEY: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar Number 343, those Senators voting in the
21 negative are Senators Borrello,
22 Canzoneri-Fitzpatrick, Martins, Walczyk and Weik.
23 Ayes, 58. Nays, 5.
24 ACTING PRESIDENT BAILEY: The bill
25 is passed.
1342
1 THE SECRETARY: Calendar Number
2 370, Senate Print 3139, by Senator Mannion, an
3 act to amend the Private Housing Finance Law.
4 ACTING PRESIDENT BAILEY: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 180th day after it
8 shall have become a law.
9 ACTING PRESIDENT BAILEY: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BAILEY: Announce
13 the results.
14 THE SECRETARY: Ayes, 63.
15 ACTING PRESIDENT BAILEY: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 384, Senate Print 2867, by Senator Rivera, an act
19 to amend the Social Services Law.
20 ACTING PRESIDENT BAILEY: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
1343
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 437, Senate Print 2515A, by Senator Ramos, an act
9 to amend the Vehicle and Traffic Law.
10 ACTING PRESIDENT BAILEY: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 90th day after it
14 shall have become a law.
15 ACTING PRESIDENT BAILEY: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BAILEY: Senator
19 Ramos to explain her vote.
20 SENATOR RAMOS: Thank you,
21 Mr. President.
22 This is an issue that is near and
23 dear to my heart, particularly as the mother of
24 two small boys at the age of 9 and 11. Actually,
25 when I first ran for Senate back in 2018, right
1344
1 in the middle of our campaign, in our community
2 we lost one of our own. We lost a very small boy
3 named Giovanni Ampuero to traffic violence.
4 And actually in the past year, in
5 the year of 2022, we have lost a total of
6 18 children in New York City to traffic violence,
7 mostly children from Brooklyn and Queens. That
8 includes Lian Mashni, Mario Rosario Jr., Damonte
9 McDonald, Yaakov Farhi, Jonathan Martinez from
10 East Elmhurst in my district, Young An Li,
11 Davina Afokoba, Antonina Zatulovska, Jesie Gil,
12 Ashley Rodriguez, Alexandra Ariza, Alissa
13 Kolenovic, Mohammed Ayth Alkotait, Fernanda Gil,
14 Terah Saucier, Daniel Hernandez, and two unknown
15 children, the ages of 1 and 18, whose names we do
16 not know because their bodies were not recovered
17 after they passed away.
18 All of these children we lost in
19 2022, and we've lost a few in the course of this
20 year as well.
21 So we believe that this bill could
22 actually help save lives as children come to and
23 fro from school. The idea would be to create
24 scramble crosswalks where all red lights for a
25 brief moment are red, so that children and even
1345
1 our school crossing guards can stay safe as they
2 cross to and from school at both arrival and
3 dismissal.
4 So I thank all of my colleagues who
5 are supportive of this bill. It will save lives,
6 and it will especially save our children's lives.
7 Thank you.
8 ACTING PRESIDENT BAILEY: Senator
9 Ramos to be recorded in the affirmative.
10 Announce the results.
11 THE SECRETARY: Ayes, 63.
12 ACTING PRESIDENT BAILEY: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 446, Senate Print 3582, by Senator Hinchey, an
16 act to amend the Tax Law.
17 ACTING PRESIDENT BAILEY: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BAILEY: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BAILEY: Announce
25 the results.
1346
1 THE SECRETARY: Ayes, 63.
2 ACTING PRESIDENT BAILEY: The bill
3 is passed.
4 Senator Gianaris, that completes the
5 reading of today's calendar.
6 SENATOR GIANARIS: On to the
7 controversial calendar, please.
8 ACTING PRESIDENT BAILEY: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 230, Senate Print 1804, by Senator Addabbo, an
12 act to amend the Public Service Law.
13 ACTING PRESIDENT BAILEY: Senator
14 Lanza, why do you rise?
15 SENATOR LANZA: Mr. President, I
16 believe there's an amendment at the desk. I
17 waive the reading of that amendment and ask that
18 you recognize Senator Stec to be heard on the
19 amendment.
20 ACTING PRESIDENT BAILEY: Thank
21 you, Senator Lanza.
22 But upon review of the amendment, in
23 accordance with Rule 6, Section 4B, I rule it
24 nongermane and out of order at this time.
25 SENATOR LANZA: Accordingly,
1347
1 Mr. President, I appeal the ruling of the chair
2 and ask that Senator Stec be heard on the appeal.
3 ACTING PRESIDENT BAILEY: The
4 appeal has been made and recognized, and
5 Senator Stec may be heard.
6 SENATOR STEC: Thank you,
7 Mr. President.
8 I rise to appeal the ruling of the
9 chair because the amendment is germane to the
10 underlying bill because this amendment would
11 require that the state provide a cost analysis
12 and transparency to the public of the State of
13 New York of the cost of the Climate Leadership
14 and Community Protection Act. And the underlying
15 bill would require utilities to provide customers
16 notice of any rate changes that are occurring.
17 Now, the Climate Action Council
18 scoping plan states that the cost of this plan is
19 in the neighborhood of $300 billion, but that's a
20 macro-level analysis. It's certainly not
21 detailed, and it's certainly not being shared
22 with the public.
23 The state needs to do more in depth
24 cost analysis so that ratepayers are
25 well-informed prior to the transition and the
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1 rising cost in their pocketbooks.
2 For what it's worth, a $300 billion
3 price tag is likely on the low side. As any of
4 you know that have worked in government for more
5 than a few minutes -- especially at the local
6 level, where you're actually hands-on managing
7 projects -- you know that state projects can
8 escalate in cost very quickly.
9 As a matter of fact, just a couple
10 of miles from here, the Port of Albany has a wind
11 turbine that's been proposed. The original cost
12 estimate for that turbine was $350 million, and
13 current estimates today are it's going to cost
14 $700 million. That's a doubling of the price.
15 And that is just one of over a hundred similar
16 projects that's out there on the drawing board
17 right now.
18 New Yorkers have the right to know
19 what it will cost them to retrofit their homes,
20 they have the right to know what it will cost to
21 transition from natural gas heat to geothermal
22 heat pumps. New Yorkers have the right to know
23 what it's going to cost for them to transition
24 from gas-powered vehicles to electric vehicles.
25 New Yorkers have the right to know what it will
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1 cost them to upgrade the electrical grid.
2 And as somebody that's worked in
3 nuclear engineering, I can tell you that what's
4 on the radar for us to upgrade the state's
5 electrical distribution system is staggering.
6 New Yorkers have the right to know
7 what it will cost to build the renewable projects
8 which will be necessary to meet the mandates
9 under the CLCPA.
10 So for that reason, I urge you to
11 reconsider that this is in fact germane because
12 it's about transparency and people's electrical
13 energy costs. The justification in the sponsor's
14 memo on the bill says that that's important.
15 It's unacceptable for them not to have that.
16 And I just don't know how we
17 incorporate the scope of half a trillion dollars
18 worth of improvements that's going to roll down
19 onto their electric bills without making sure
20 that we understand the cost analysis and, more
21 importantly, that people are prepared and that
22 we're transparent what those costs will be.
23 Thank you.
24 ACTING PRESIDENT BAILEY: Thank
25 you, Senator Stec.
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1 I want to remind the house that the
2 vote is on the procedures of the house and the
3 ruling of the chair.
4 Those in favor of overruling the
5 chair, signify by saying aye.
6 (Response of "Aye.")
7 SENATOR LANZA: Request a show of
8 hands.
9 ACTING PRESIDENT BAILEY: A show of
10 hands has been requested and so ordered.
11 Announce the results.
12 THE SECRETARY: Ayes, 21.
13 ACTING PRESIDENT BAILEY: The
14 ruling of the chair stands, and the bill-in-chief
15 is before the house.
16 SENATOR GIANARIS: Mr. President.
17 ACTING PRESIDENT BAILEY: Senator
18 Gianaris.
19 SENATOR GIANARIS: We've agreed to
20 restore this bill to the noncontroversial
21 calendar, so can we please take it up that way.
22 ACTING PRESIDENT BAILEY: Upon
23 consent, the bill has been restored to the
24 noncontroversial calendar.
25 The Secretary will read.
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1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT BAILEY: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT BAILEY: Announce
8 the results.
9 THE SECRETARY: In relation to
10 Calendar Number 230, voting in the negative:
11 Senator Walczyk.
12 Ayes, 62. Nays, 1.
13 ACTING PRESIDENT BAILEY: The bill
14 is passed.
15 Senator Gianaris, that completes the
16 reading of today's calendar.
17 SENATOR GIANARIS: Is there any
18 further business at the desk?
19 ACTING PRESIDENT BAILEY: There is
20 no further business at the desk.
21 SENATOR GIANARIS: I move to
22 adjourn until Wednesday, March 15th, at
23 3:00 p.m., with the intervening day being a
24 legislative day, in deference to the expected
25 storm tomorrow.
1352
1 ACTING PRESIDENT BAILEY: On
2 motion, and based upon the inclement weather
3 pending tomorrow, the Senate stands adjourned
4 until Wednesday, March 15th, at 3:00 p.m., the
5 intervening day being legislative.
6 (Whereupon, at 4:21 p.m., the Senate
7 adjourned.)
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