2511
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 25, 2023
11 3:44 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR ROXANNE J. PERSAUD, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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21
22
23
24
25
2512
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: Reverend
9 Teresa Darden, of the Upper Room House of Worship
10 in Spring Valley, New York, will deliver today's
11 invocation.
12 REVEREND DARDEN: Let us pray.
13 Most gracious, merciful and
14 all-knowing and all-wise God of the heavens and
15 the earth, we humbly approach Your throne room of
16 grace with thanksgiving and praise upon our lips
17 for this once again grand opportunity to seek out
18 Your wisdom and instruction to commit in a call
19 of duty of our Senate.
20 We call upon You, our God, to give
21 of wisdom to the wise and knowledge to the
22 scholar. You reveal deep and mysterious things,
23 and only You know what lies behind the darkness,
24 though You are surrounded by light.
25 We ask for Your wisdom in the many
2513
1 decision-makings needed in these chambers today,
2 and always during these critical and perilous
3 times. May Your truth and justice echo
4 throughout this setting to silence, paralyze and
5 to find resolve for the raging violence, the
6 senseless deaths among our nation to the least
7 complicated decision.
8 May there be a balanced scale of
9 justice and liberation on all sides. May these,
10 Your servants, reverence and reference Your ways
11 and Your laws, for guidance and making sound
12 decisions that are good for all mankind, that we
13 may live peaceful and quiet lives marked by
14 godliness and dignity, now and for our future and
15 for our children's future.
16 May they not take their authority
17 and decision-making and responsibility lightly,
18 but responsibly. We are thankful for the vision
19 of leadership You have imparted to our Senators.
20 And we declare and decree that they will not
21 allow the advice of the wicked nor stand around
22 or agree with the evildoers nor join in with
23 mockers.
24 May they delight in Your law and
25 meditate on it day and night. And as Your
2514
1 Senators and servants do this, we confess that
2 they shall be like the trees planted by the
3 waters, bearing fruit each season. Their leaves
4 shall never wither. And whatsoever they do shall
5 prosper for the good of the nation: America the
6 beautiful, God to shed His grace on thee, and
7 crown thy good with brotherhood from sea to
8 shining sea.
9 God, mend our every flaw. Confirm
10 thy soul and self-control, to souls way far as
11 earth and air, to selfish gain no longer stain.
12 Oh, Father, shed Your light on thee.
13 This is our prayer, that You, our God, fill your
14 Senators with wisdom, truth, understanding,
15 compassion, counsel and might. Give them favor,
16 increase their faith, and help them to pursue
17 with success in Your excellence, fulfilling Your
18 purpose.
19 Do keep their hearts and motives
20 pure. Make their hearts pliable, willing and
21 obedient to Your will, and bring glory to Your
22 name, for You alone are God. You are subject to
23 none, yet all are subject unto You.
24 May we put feet to our prayer. Your
25 eyes is on the sparrow, and we know that You are
2515
1 watching us. Yours be the Kingdom, the Power,
2 and the Glory forever.
3 This we pray in the name of the God
4 of Abraham, Isaac and Jacob, in Jesus' name.
5 Amen.
6 (Response of "Amen.")
7 REVEREND DARDEN: Amen.
8 ACTING PRESIDENT PERSAUD: Thank
9 you.
10 Reading of the Journal.
11 THE SECRETARY: In Senate, Monday,
12 April 24, 2023, the Senate met pursuant to
13 adjournment. The Journal of Friday, April 21,
14 2023, was read and approved. On motion, the
15 Senate adjourned.
16 ACTING PRESIDENT PERSAUD: Without
17 objection, the Journal stands approved as read.
18 Presentation of petitions.
19 Messages from the Assembly.
20 Messages from the Governor.
21 Reports of standing committees.
22 Reports of select committees.
23 Communications and reports from
24 state officers.
25 Motions and resolutions.
2516
1 Senator Gianaris.
2 SENATOR GIANARIS: Good afternoon,
3 Madam President.
4 We're going to break for a very
5 quick Rules Committee meeting in Room 332, and
6 then come back to take up resolutions very
7 shortly.
8 ACTING PRESIDENT PERSAUD: There
9 will be an immediate meeting of the
10 Rules Committee in Room 332.
11 The Senate will stand at ease.
12 (Whereupon, the Senate stood at ease
13 at 3:51 p.m.)
14 (Whereupon, the Senate reconvened at
15 3:57 p.m.)
16 ACTING PRESIDENT PERSAUD: The
17 Senate will return to order.
18 Senator Gianaris.
19 SENATOR GIANARIS: Madam President,
20 can we begin the resolutions with previously
21 adopted Resolutions 571 and 698, both by
22 Senator Griffo, read those titles, and recognize
23 Senator Griffo.
24 ACTING PRESIDENT PERSAUD: The
25 Secretary will read.
2517
1 THE SECRETARY: Senate Resolution
2 571, by Senator Griffo, congratulating the
3 Section III Girls Gymnastics Team upon the
4 occasion of capturing the New York State Public
5 High School Athletic Association Girls Gymnastics
6 Team Championship on March 4, 2023.
7 Senate Resolution 698, by
8 Senator Griffo, congratulating Grayson Gall upon
9 the occasion of capturing the New York State
10 Public High School Athletic Association Girls
11 Gymnastics Championship in both the uneven bars
12 and balance beam events on March 4, 2023.
13 ACTING PRESIDENT PERSAUD: Senator
14 Griffo on the resolutions.
15 SENATOR GRIFFO: Thank you,
16 Madam President.
17 It's a pleasure today to have these
18 young ladies with us from the Section III
19 Gymnastics Team. They have won their state
20 championship. They're here with their coaches
21 and their families today. We're proud to
22 recognize them -- I know they were in the
23 Assembly Chamber earlier -- and to congratulate
24 them on winning the state championship for
25 Team Gymnastics earlier this year.
2518
1 The Section III Girls Gymnastics
2 Team won that championship, which took place
3 March 4th in Buffalo, and they defeated the
4 second-place team by five points. They did an
5 extraordinary job.
6 The team consists of a number of
7 athletes from different locations within the
8 Central New York area, many of them within the
9 53rd Senate District -- New Hartford, Sauquoit,
10 Whitesboro, New York Mills, Oriskany, and also
11 Fayetteville-Manlius, so there's Senator Mannion.
12 And so the girls are up here with
13 coaches. I think I know the coach by coach --
14 Cerminaro, Fishkin and Coach Smith. So they've
15 done an extraordinary job.
16 I think the important thing here to
17 note is that these girls chose this sport. It's
18 a demanding sport. It requires great discipline
19 and commitment. And they have done this with
20 great determination and success.
21 So we're very proud of how you have
22 conducted yourselves not only athletically, but
23 also as young ladies. Because you have been a
24 true inspiration and motivator to so many others,
25 but also you've represented our community so well
2519
1 that we're very proud of you and want to
2 recognize you today.
3 Additionally, I want to specifically
4 recognize Grayson Gall. Grayson Gall -- and I
5 know her mom, Judge Gall, is here today with her,
6 Judge Erin Gall. She has won the state
7 championships in the uneven bars and the balance
8 beam events. This is the second year that we're
9 recognizing her, so she is quite an athletic
10 accomplishment and quite an extraordinary young
11 lady.
12 So, Grayson, you set a standard for
13 a lot of other young athletes, and you continue
14 to demonstrate each and every day what commitment
15 and hard work can do.
16 So again, I think gymnasts are
17 extraordinary athletes when you consider what
18 they have to do to prepare themselves, and all of
19 these young ladies exemplify the best in
20 athletics and gymnastics.
21 So to all of you young ladies, I
22 would ask the chair to recognize you and to
23 extend to you all the privileges of the Senate
24 chamber today.
25 So congratulations, and best of luck
2520
1 to you.
2 ACTING PRESIDENT PERSAUD: Thank
3 you.
4 Senator Mannion on the resolutions.
5 SENATOR MANNION: Thank you,
6 Madam President.
7 Thank you to Senator Griffo for
8 sending forward this resolution in
9 acknowledgement of our Section III gymnasts.
10 I don't have much to add other than
11 we appreciate you, we appreciate your competitive
12 spirit and everything that you add to the
13 Section III region.
14 A quick acknowledgement of the
15 J-D/F-M combined team members, including
16 Charlotte Ford, Antoinette Sakellariou, and
17 Katie DeStefano. Thank you for making us proud.
18 Thank you, Madam President.
19 ACTING PRESIDENT PERSAUD: Thank
20 you.
21 To our guests, I welcome you on
22 behalf of the Senate. We extend to you the
23 privileges and courtesies of this house.
24 Please rise and be recognized.
25 (Standing ovation.)
2521
1 ACTING PRESIDENT PERSAUD: Senator
2 Gianaris.
3 SENATOR GIANARIS: I move to adopt
4 the Resolution Calendar, with the exception of
5 Resolutions 786 and 818.
6 ACTING PRESIDENT PERSAUD: The
7 resolutions were previously adopted on 3/21 and
8 4/10.
9 All those in favor of adopting the
10 Resolution Calendar, with the exceptions of
11 Resolution 786 and 818, please signify by saying
12 aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT PERSAUD: Opposed,
15 nay.
16 (No response.)
17 ACTING PRESIDENT PERSAUD: The
18 Resolution Calendar is adopted.
19 Senator Gianaris.
20 SENATOR GIANARIS: Can we now move
21 on to previously adopted Resolution 682, by
22 Senator Gounardes, read its title, and recognize
23 Senator Gounardes.
24 ACTING PRESIDENT PERSAUD: The
25 Secretary will read.
2522
1 THE SECRETARY: Senate Resolution
2 682, by Senator Gounardes, memorializing
3 Governor Kathy Hochul to proclaim April 24, 2023,
4 as Armenian Genocide Remembrance Day in the State
5 of New York.
6 ACTING PRESIDENT PERSAUD: Senator
7 Gounardes on the resolution.
8 SENATOR GOUNARDES: Thank you,
9 Madam President. I stand here today in support
10 of my resolution commemorating April 24th as
11 Armenian Genocide Remembrance Day.
12 The 20th century has seen some of
13 the greatest atrocities known in the history of
14 mankind -- attempts to wipe out and fully
15 exterminate entire populations of peoples. And
16 even a generation before the terrible atrocities
17 that happened during the Holocaust in
18 Nazi Germany, the Ottoman Empire engaged in a
19 systemic pogrom to exterminate the Armenians, the
20 Greeks, the Pontians, the Assyrians, and other
21 Christian minorities living in the Ottoman
22 Empire, living in modern-day Turkey.
23 April 24, 1915, ultra-nationalist
24 Turkish factions in the Ottoman Empire, known as
25 the Young Turks, began their eight-year-long
2523
1 campaign to systemically wipe out the minority
2 communities living there. Over the course of
3 eight years, 1.5 million Armenians were
4 exterminated because of the Turkish Ottoman
5 genocide pogrom, 800,000 Greeks exterminated by
6 the Turkish Ottoman genocidal pogrom. Hundreds
7 of thousands of Assyrians, Pontics, and other
8 Christian minorities were terminated, killed,
9 slaughtered, displaced. They were forced into
10 death marches and placed in concentration camps.
11 Churches were destroyed. Whole communities were
12 set on fire.
13 In 1923, the Ottoman Empire set fire
14 to the entire Greek city of Smyrna, in
15 Asia Minor, in an attempt to kill everyone living
16 there.
17 This is an awful, awful legacy that
18 we have an obligation not just to never forget,
19 but to proactively remember.
20 Henry Morgenthau, who was the U.S.
21 ambassador to the Ottoman Empire, in 1915
22 observed that the actions by the Ottoman Turks
23 constituted a carefully planned scheme to
24 thoroughly extinguish the Armenian race, and that
25 "a campaign of race extermination is in
2524
1 progress."
2 Three years later, Ambassador
3 Morgenthau issued a call to the world pleading
4 with them to stand up for the truth. He said:
5 "Will the outrageous terrorizing -- the cruel
6 torturing -- the driving of women into the
7 harems -- the debauchery of innocent girls -- the
8 sale of many of them at eighty cents each -- the
9 murdering of hundreds of thousands and the
10 deportation to and starvation in the deserts of
11 other hundreds of thousands -- the destruction of
12 hundreds of villages and cities -- will the
13 willful execution of this whole devilish scheme
14 to annihilate the Armenian, Greek and Syrian
15 Christians of Turkey -- will all this go
16 unpunished?"
17 Sadly, Madam President, at that time
18 it did go unpunished.
19 But we're here today, more than a
20 century later, to be able to say that we will
21 never forget what happened to those communities
22 and that we'll do everything in our power to put
23 their memory into our consciousness.
24 I'm particularly proud that today we
25 are joined in our chamber by the ambassador of
2525
1 the Republic of Armenia to the United Nations,
2 the Honorable Ambassador Mher Margaryan, and we
3 thank him and his wife for being here with us
4 today.
5 We're also joined by members of the
6 Armenian community here in New York, including
7 representatives from the Armenian National
8 Committee, the Armenian Assembly of America, the
9 Armenian Bar Association, Armenian Youth
10 Federation, and the St. Peter Armenian Apostolic
11 Church. We thank all of you for joining us here
12 today as well.
13 At a time of renewed hatred and
14 bigotry against ethnic, racial and religious
15 minorities around the world, regardless of where
16 they are or where they come from, let us remember
17 the tragedies that occurred to the Armenian,
18 Greek, Assyrian and Pontic people just over a
19 century ago, pay tribute to their lives, and
20 commit ourselves to ensure that on our watch, and
21 forever beyond, these atrocities will never, ever
22 happen again.
23 Thank you, Madam President.
24 ACTING PRESIDENT PERSAUD: Thank
25 you.
2526
1 Senator Mayer on the resolution.
2 SENATOR MAYER: Thank you,
3 Madam President.
4 And thank you, Senator Gounardes,
5 for your leadership on this important issue. And
6 thank you to our guests for being here, and the
7 ambassador as well.
8 I'm proud to represent a vibrant
9 community of Armenian-Americans, many of whom
10 attend St. Gregory the Enlightener in
11 White Plains and are connected to St. Nersses
12 Seminary, now in my district.
13 This community of active community
14 participants, both in their faith and in our
15 wider secular community, have made such an
16 extraordinary contribution, which needs to be
17 recognized.
18 But today, I'm so appreciative that
19 Senator Gounardes has brought this resolution
20 regarding Armenian Genocide Remembrance Day. And
21 particularly this year, as incidents of hatred
22 expand to so many segments of our society, it is
23 our obligation and our duty in this chamber to
24 speak out, to remember, to call out genocide and
25 hatred, and to acknowledge those who lost their
2527
1 lives in this terrible time.
2 So thank you, Madam President. And
3 thank you, Senator Gounardes. And credit to you
4 for ensuring that we do not forget acts of hatred
5 and genocide, and that we keep their memories
6 alive forever.
7 Thank you, Madam President.
8 ACTING PRESIDENT PERSAUD: To our
9 guests, I welcome you on behalf of the Senate.
10 We extend to you the privileges and courtesies of
11 this house.
12 Please rise and be recognized.
13 (Standing ovation.)
14 ACTING PRESIDENT PERSAUD: Senator
15 Gianaris.
16 SENATOR GIANARIS: Thank you,
17 Madam President.
18 Next up is previously adopted
19 Resolution 694, by Senator Salazar. Let's read
20 that resolution's title and recognize
21 Senator Salazar.
22 ACTING PRESIDENT PERSAUD: The
23 Secretary will read.
24 THE SECRETARY: Senate Resolution
25 694, by Senator Salazar, mourning the death of
2528
1 Marvin E. Mayfield, Jr., dedicated human rights
2 advocate, distinguished citizen, and devoted
3 member of his community.
4 ACTING PRESIDENT PERSAUD: Senator
5 Salazar on the resolution.
6 SENATOR SALAZAR: Thank you,
7 Madam President.
8 It is with profound sorrow that
9 today we memorialize the recent passing of
10 Marvin E. Mayfield, Jr., a dear friend, a loving
11 husband, a nurturing father and grandfather
12 whose kindness touched countless lives.
13 Marvin was born on December 15,
14 1961, in Brooklyn, New York, to the late Reverend
15 Marvin E. Mayfield, Sr., and Louise Frances
16 Mayfield. He attended Edward R. Murrow
17 High School before entering into the
18 United States Air Force.
19 His attendance and graduation from
20 NYU's Prison Education Program inspired him to
21 share his life experiences and hopes for the
22 future. Earning his B.A. degree in social work
23 from NYU, Marvin also attended the Justice in
24 Education Initiative Scholars Program of
25 Columbia University.
2529
1 Marvin grew up in the North Brooklyn
2 neighborhoods of Bed-Stuy, Cypress Hills-East
3 New York and Bushwick, neighborhoods that make up
4 our Senate district today. He was proud of his
5 Brooklyn roots, and he used to chat with me about
6 what was like there back when he was a kid. Of
7 life in Cypress Hills, Marvin said to me: "It
8 was rough running through those Brooklyn streets,
9 but it was a close-knit community."
10 To me, those words reflect the
11 unconditional, radical love that Marvin had for
12 others. It was his intimate understanding that
13 the strongest communities, those who overcome
14 violence, poverty and oppression, are the
15 close-knit communities where people feel a
16 collective responsibility for one another.
17 It's easy to allow fear and conflict
18 and strife to define a community. It is much
19 harder in difficult times to focus, as Marvin
20 did, on the bonds that hold our communities
21 together, that can break through cycles of
22 violence and oppression.
23 Marvin was committed to the work of
24 restorative justice, an outspoken advocate for
25 those who have been imprisoned, mistreated or
2530
1 traumatized. Marvin's personal experiences of
2 criminalization and incarceration drove him to
3 build a movement to change unjust laws and
4 policies.
5 Marvin was a familiar face here in
6 the Capitol. From 2017 to 2019, Marvin helped
7 lead a fight for bail and discovery reform,
8 changing laws in our state to ensure that people
9 could avoid the horrors of pretrial
10 incarceration, allowing them instead to keep
11 their jobs and their homes and take care of their
12 children.
13 Since 2020, Marvin has served as the
14 director of organizing at the Center for
15 Community Alternatives, building power with
16 people across New York State who have been
17 impacted by criminalization and community
18 disinvestment. He was integral to envisioning
19 and launching innovative campaigns to help end
20 the injustices of mass incarceration.
21 A truly multi-talented man, Marvin
22 Mayfield was a roller skater, a barber, a tailor,
23 an artist, a singer, tech guru, and self-taught
24 musician. Marvin truly embodied the meaning of
25 fighting ruthlessly against unjust systems, yet
2531
1 always being gracious and kind and compassionate
2 with people.
3 The meaningful way for us to honor
4 Marvin, his memory and his life's work, is to
5 continue his fight for justice. In that spirit,
6 the Center for Community Alternatives is creating
7 the Marvin Mayfield Organizing Fellowship in his
8 honor.
9 To Marvin's beautiful family, who
10 are here with us today, thank you for sharing him
11 with us. I miss his warmth and his smile, and I
12 am better for having had the privilege of knowing
13 him.
14 Thank you, Madam President.
15 ACTING PRESIDENT PERSAUD: Senator
16 Brisport on the resolution.
17 SENATOR BRISPORT: Thank you,
18 Madam President.
19 And thank you, Senator Salazar, for
20 introducing this resolution.
21 Marvin Mayfield, Jr., was a proud
22 son of Bed-Stuy, Brooklyn, and a dedicated civil
23 rights leader whose work touched the lives of
24 people across our great state.
25 His legacy, though, was not only the
2532
1 civil and human rights that he helped to win and
2 defend for our people, but also the extraordinary
3 example he set of a life lived in pursuit of a
4 more just future.
5 At a moment in history when the
6 right seems to be clawing back every inch of
7 progress our communities have made, that pursuit
8 can sometimes feel overwhelming. In those
9 moments, I find inspiration in Mayfield because
10 he proved that when faced with even the most
11 terrible darkness, there was always light to be
12 found in coming together with our community. He
13 proved that in uplifting the humanity and dignity
14 of all of our people collectively, we become far
15 stronger than the sum of our parts.
16 That lesson feels especially
17 important in these final hours of budget
18 negotiations in which our Governor is attempting
19 to roll back some of the very same civil rights
20 that Mayfield fought for.
21 A couple of weeks ago some of us in
22 this room visited Rikers Island, where the
23 overwhelming majority of incarcerated people are
24 simply awaiting a trial. As it is, the
25 conditions on this island are a horrific blight
2533
1 against our state. If bail reform is rolled
2 back, the island and other jails around the state
3 will see their populations explode with more
4 New Yorkers being held for years on end in even
5 worse conditions, without being convicted of a
6 crime.
7 New Yorkers are calling, they are
8 marching, they are protesting, and they are
9 speaking out against this potential future and
10 the Governor's attempts to roll back civil rights
11 through the State Budget. They are coming
12 together and bringing light into this darkness.
13 I hope that we too can stand with them and carry
14 on the legacy of Marvin Mayfield, Jr.
15 Thank you.
16 ACTING PRESIDENT PERSAUD: Senator
17 Ramos on the resolution.
18 SENATOR RAMOS: Thank you,
19 Madam President.
20 Marvin Mayfield has certainly been a
21 fixture here in Albany for the past few years.
22 His voice reverberated through our stone walls.
23 He stood tall and unafraid on the Million Dollar
24 Staircase. He came up here from his hometown of
25 Brooklyn because he was called to act, having
2534
1 experienced the conditions of our jail system and
2 being forever changed by them, he committed
3 himself to ensuring that we break the cycles that
4 lock up poor people.
5 Those of us who have been either
6 lucky enough to stand side by side with Marvin as
7 we fight to end the criminalization of poverty,
8 or those of us who have been on the receiving end
9 of his righteous advocacy, were heartbroken to
10 hear of Marvin's passing. Many of us have asked
11 ourselves what is the best way that we could
12 possibly honor Marvin and his legacy.
13 To me, the first answer is obvious.
14 We must speak clearly and consistently against
15 injustice, to reject fear when it is used as a
16 tool to criminalize people who are a product of
17 their environment.
18 The next answer is to attack the
19 root of the problem. Let's unravel the
20 conditions that even led Marvin to this very
21 personal fight against regressive and racist
22 criminal justice policy.
23 We can honor Marvin by doubling down
24 on the war on poverty. We are looking at a
25 budget that includes a subway fare hike, no
2535
1 action on a plan to keep tenants in their homes,
2 and possibly the codification of poverty wages
3 unless we stop it.
4 Marvin wanted a world where everyone
5 was safe, where everyone had the care and the
6 resources they needed to flourish. With no
7 budget bills before us today, we still have time
8 to honor his memory. I hope he is present in the
9 room with our leaders as they make their final
10 decisions over the next few days.
11 I vote aye on the resolution. Thank
12 you.
13 ACTING PRESIDENT PERSAUD: Senator
14 Bailey on the resolution.
15 SENATOR BAILEY: Thank you,
16 Madam President.
17 You know, Marvin was my constituent;
18 he lived in the great City of Co-op, Co-op City.
19 And he was never shy about, anytime we were at a
20 Zoom or at a presser, saying that he was my
21 constituent. Right? That he was from -- excuse
22 me, that he lived -- he always loved Brooklyn,
23 Madam President, but that he lived in my
24 district.
25 That might not seem like a big deal,
2536
1 but to somebody who was a big deal in that space,
2 it meant something. It meant that -- because in
3 this space, Madam President, the conversation and
4 negotiations are often complicated and often
5 fraught with emotion with impacted individuals
6 who have not seen the light of day for years, who
7 these pieces of legislation that you may think
8 are just statutory language, they are possibly
9 affecting the liberty and life of individuals
10 that we haven't yet gotten a chance to meet.
11 But Marvin Mayfield allowed you to
12 see something that -- you cannot be defined by
13 what you have gone through, but you will be
14 defined by what you have been after you've gone
15 through it. See, if you looked at Marvin
16 Mayfield just cruising through in his drop top,
17 looking smooth and clean, and if you saw how he
18 carried himself, I don't know if you would think
19 "formerly incarcerated individual."
20 But we have to redefine in ourselves
21 in thinking that we're all equal, and Marvin
22 showed us that. Marvin was a real one. And we
23 had -- we had conversations where there were,
24 again, fraught and tense conversations. And he'd
25 pull me to the side and say, "I got you. We're
2537
1 going to have a conversation. We will work it
2 out. I understand where you're coming from, but
3 you got to understand where we're coming from."
4 And when you have people like Marvin
5 at the table, it means a lot. And he was a
6 member of Woods AME Church in my district, right
7 on Edson Avenue. And I remember one time just
8 running into him at their annual like street
9 fair. And that was the last place that I
10 expected to see Marvin at. He was a man of
11 faith, he believed in something great. And I
12 remember seeing him there, and he was like "What
13 are you doing here?" I'm like, "What are you
14 doing here? Like, this is my district." He's
15 like, "Well, this is my church." And you got it,
16 Marvin. That trumps.
17 As I close, Madam President, I think
18 about his name and there's strength in names.
19 Marvin Mayfield, there's an alliteration there,
20 there's alliterative power there. There's power
21 in the people there, but it's important being
22 told, so to speak, of two of our greatest soul
23 singers, Marvin Gaye and Curtis Mayfield, all in
24 one. Marvin would have told you Marvin Gaye told
25 us "What's Going On." And Curtis Mayfield told
2538
1 us about this "Little Child Running Wild." But
2 Curtis Mayfield also said "Move On Up." It's a
3 greater day. If you keep on pushin', you'll find
4 a way.
5 Rest in peace to the legend,
6 Marvin Mayfield.
7 ACTING PRESIDENT PERSAUD: Senator
8 Gianaris on the resolution.
9 SENATOR GIANARIS: Thank you,
10 Madam President.
11 I just want to add my words of
12 condolence to Marvin Mayfield's family and honor
13 him by speaking a little bit about his life and
14 his legacy.
15 As you heard from my colleagues, he
16 was someone who spent a lot of time in this
17 building over the last several years. And what
18 always struck me about Marvin was he was
19 committed to his cause, born of real hard
20 experiences in his own life, but I never saw him
21 when he didn't greet me with a smile. And it was
22 one of those beaming smiles that some people
23 have, but Marvin always lit up the room and then
24 let you know that he wasn't messing around on the
25 issues he was talking about.
2539
1 So he will be sorely missed here,
2 and the issues he fought for will not be
3 forgotten. And I know many of us pledge to
4 redouble our efforts to honor his legacy, his
5 experience, by carrying on his work.
6 And so I thank Senator Salazar for
7 bringing this resolution to the floor. I thank
8 his family for letting us experience Marvin for
9 these last several years. And I thank you,
10 Madam President, for giving me a moment to speak
11 on this.
12 ACTING PRESIDENT PERSAUD: Senator
13 Rivera on the resolution.
14 SENATOR RIVERA: Thank you,
15 Madam President.
16 As many of my colleagues have said,
17 Marvin was from Brooklyn. But even if he didn't
18 live in the Bronx, we still claim him. And not
19 because it's the Bronx, but because wherever
20 there are folks who need someone to stand up for
21 them, Marvin was there.
22 As has been said by my colleagues,
23 he spent a lot of time in this building. And I
24 spent a lot of time standing right beside him in
25 many of the protests or press conferences that
2540
1 were held up here. And there's a phrase that
2 I've said many times during those press
3 conferences, and that is "I believe in
4 redemption." And I say that phrase in a lot of
5 ways because of what me knowing Marvin inspired.
6 The fact that there are folks who have made
7 mistakes, they are folks who have gone through
8 situations in their life, but they have not given
9 up. And they have continued to live on, and
10 they've made life better for themselves, for
11 their families, for their communities.
12 And Marvin did that right until the
13 end. He was somebody who demonstrated that you
14 can be a relentless fighter, a passionate,
15 relentless fighter, and still do it filled with
16 love.
17 I will miss this brother. He was an
18 incredible part of changing so much of public
19 policy here in the State of New York. And as
20 some of my colleagues have already reminded us,
21 the best way to honor him would be to continue to
22 remember why we made those changes in the first
23 place. And to not succumb to fear, but to
24 embrace love. That's what he would have done.
25 That's what he did right until the end. I will
2541
1 miss my brother.
2 Thank you, Madam President.
3 ACTING PRESIDENT PERSAUD: To our
4 guests, I welcome you on behalf of the Senate.
5 We extend the privileges and courtesies of this
6 house. Please stand and be recognized.
7 Our condolences.
8 (Standing ovation.)
9 ACTING PRESIDENT PERSAUD: The
10 resolution was previously adopted on April 18th.
11 Senator Gianaris.
12 SENATOR GIANARIS: At this time can
13 we take up Resolution 786, by Senator Ashby, read
14 that resolution's title and recognize
15 Senator Ashby.
16 ACTING PRESIDENT PERSAUD: The
17 Secretary will read.
18 THE SECRETARY: Senate Resolution
19 786, by Senator Ashby, mourning the death of
20 Patrick J. Hogan, retired and heroic police
21 investigator with the New York State Police,
22 distinguished citizen and devoted member of his
23 community.
24 ACTING PRESIDENT PERSAUD: Senator
25 Ashby on the resolution.
2542
1 SENATOR ASHBY: Thank you,
2 Madam President.
3 Earlier we lost a hero in New York
4 State, someone who had given their life in
5 dedication to service. Patrick Hogan was a
6 State Trooper, he was a Marine Corps veteran, he
7 was a father, he was a son, he was a husband.
8 And he never stopped giving, much
9 like the remarks that we just heard. He ended up
10 passing from 9/11-related illness, but it never
11 stopped him from giving back to his community in
12 countless ways. Never stopped him from looking
13 for ways to help those who needed it, regardless
14 of who they were, their political stance, where
15 they stood.
16 He was a member of our community, he
17 was a member of our state, he served our country
18 bravely in the '90s as a Marine Corps veteran.
19 And he will be greatly missed.
20 Thank you, Madam President. I
21 proudly vote aye.
22 ACTING PRESIDENT PERSAUD: The
23 question is on the resolution. All in favor
24 signify by saying aye.
25 (Response of "Aye.")
2543
1 ACTING PRESIDENT PERSAUD: Opposed,
2 nay.
3 (No response.)
4 ACTING PRESIDENT PERSAUD: The
5 resolution is adopted.
6 Senator Gianaris.
7 SENATOR GIANARIS: Next,
8 Madam President, is previously adopted
9 Resolution 677, by Senator Martins. Read that
10 resolution in its entirety, and recognize
11 Senator Martins.
12 Before we do that, Madam President,
13 I understand there were guests here for the
14 previous resolution. So if you wouldn't mind
15 recognizing them before we move on.
16 ACTING PRESIDENT PERSAUD: To our
17 guests, I welcome you on behalf of the Senate.
18 We extend to you the privileges and courtesies of
19 this house. Please rise and be recognized.
20 Our condolences.
21 (Standing ovation.)
22 ACTING PRESIDENT PERSAUD: Senator
23 Gianaris.
24 SENATOR GIANARIS: And now please
25 take up previously adopted Resolution 677.
2544
1 ACTING PRESIDENT PERSAUD: The
2 Secretary will read.
3 THE SECRETARY: Senate Resolution
4 677, by Senator Martins, commemorating the
5 observance of Portugal Day in the State of
6 New York on June 10, 2023.
7 ACTING PRESIDENT PERSAUD: Senator
8 Martins on the resolution.
9 SENATOR MARTINS: Thank you,
10 Madam President.
11 ACTING PRESIDENT PERSAUD: The
12 Secretary will read.
13 THE SECRETARY: "WHEREAS, It is the
14 sense of this Legislative Body, in keeping with
15 its time-honored traditions, to recognize and pay
16 tribute to those events which foster ethnic pride
17 and enhance the profile of cultural diversity
18 which strengthens the fabric of the communities
19 of New York State; and
20 "WHEREAS, Attendant to such concern,
21 and in full accord with its long-standing
22 traditions, this Legislative Body is justly proud
23 to commemorate the observance of Portugal Day in
24 the State of New York, on June 10, 2023; and
25 "WHEREAS, Every 10th day of June,
2545
1 the Portuguese diaspora around the world observes
2 Portugal Day, their national holiday known as Dia
3 de Portugal, which celebrates the history and
4 heritage of Portugal; and
5 "WHEREAS, The Portuguese-American
6 community in New York has been an integral part
7 of our great state since its inception, with
8 long-standing community centers in Mineola,
9 Yonkers, Farmingville, Brooklyn, Manhattan,
10 New Rochelle, Tarrytown, Ossining, and
11 Mount Vernon, among others; and
12 "WHEREAS, This date also
13 commemorates the death of Luis de Camoes, a
14 significant figure in the history of Portugal; he
15 is best known for his work on Lusiadas, the
16 national epic poem of Portugal, which celebrates
17 the nation's successes and rich history; and
18 "WHEREAS, Since then, the country's
19 national day was established and subsequently
20 celebrated on June 10th; it is because of
21 uncertainties on Camoes' birth date that
22 Portugal Day was established to commemorate the
23 hero's death; and
24 "WHEREAS, The borders of the nation
25 of Portugal were defined in 1143, making it one
2546
1 of the oldest nations in the world; in fact,
2 Lisbon is actually four centuries older than
3 Rome; and
4 "WHEREAS, Portuguese is one of the
5 10 most spoken languages in the world, with over
6 250 million Portuguese speakers around the globe,
7 and is the official language in nine countries:
8 Brazil, Mozambique, Angola, Portugal,
9 Guinea-Bissau, East Timor, Equatorial Guinea,
10 Macau, Cape Verde, Sao Tome, and Principe; and
11 "WHEREAS, In 2021, Portugal came in
12 fourth place on the Global Peace Index (GPI),
13 making it one of the most peaceful countries in
14 the world; and
15 "WHEREAS, Portugal is a European
16 leader in sustainable energy; in March of 2018,
17 Portugal generated 100 percent of its energy
18 through renewable sources such as hydro, wind,
19 and solar power; and
20 "WHEREAS, In 2020, Portugal ranked
21 as the 4th green country in the European Union
22 across six categories, including waste, energy,
23 greenhouse gases, air quality, fresh water, and
24 natural land; Portugal was also among the first
25 countries in the world to set 2050 carbon
2547
1 neutrality goals; and
2 "WHEREAS, On July 1, 2001, Portugal
3 became the first country in the world to
4 decriminalize all drugs; today, the country has
5 some of the lowest drug-usage rates in the
6 European Union, where most countries hold
7 criminalization models; and
8 "WHEREAS, Portugal is home to the
9 world's largest cork forest, making up 34 percent
10 of the world's area of cork forests and producing
11 more than 50 percent of the world's cork supply;
12 and
13 "WHEREAS, Due to its many
14 achievements and low cost of living and tax
15 incentives, retirees from all over the world
16 settle in Portugal; retirees can make use of the
17 NHR regime, a quality healthcare system, and an
18 all-around high standard of living; and
19 "WHEREAS, Each year, tourists also
20 travel to Portugal, approximately 8 million of
21 whom visit the site of the Fatima apparitions and
22 the miracle of the Sun; in 1917, three shepherd
23 children witnessed the apparition of Mary, the
24 mother of Jesus, six times over six months; these
25 three apparitions and the spread of the messages
2548
1 throughout the city culminated in the Miracle of
2 the Sun, allegedly witnessed by over
3 70,000 people; and now, therefore, be it
4 "RESOLVED, That this Legislative
5 Body pause in its deliberations to commemorate
6 the observance of Portugal Day in the State of
7 New York, on June 10, 2023; and be it further
8 "RESOLVED, That a copy of this
9 resolution, suitably engrossed, be transmitted to
10 Luisa Pais Lowe, the Consul General of Portugal
11 in New York."
12 ACTING PRESIDENT PERSAUD: Senator
13 Martins on the resolution.
14 SENATOR MARTINS: Thank you,
15 Madam President. And thank you very much for
16 indulging us in reading the entire resolution.
17 June 10th is celebrated as Dia de
18 Portugal in the entire Portuguese Diaspora around
19 the world and, appropriately, here in New York as
20 well. The Portuguese communities in New York
21 date back to the revolution, with strong
22 communities in Mineola and Farmingville and
23 Brentwood and Yonkers, Mount Vernon,
24 New Rochelle, Tarrytown, Ossining, Jamaica,
25 Manhattan, and Brooklyn, among others.
2549
1 We have the privilege of calling
2 this country home. And Madam President, as you
3 know, I have the privilege of having had my
4 parents emigrate from Portugal and being part of
5 that culture. It's important that we continue to
6 celebrate the diversity that is New York State,
7 that, through many, we're able to actually create
8 a culture all our own.
9 The Portuguese people, as was said
10 during the resolution, over 20 years ago
11 legalized drugs, all drugs, and yet continues to
12 have amongst the lowest drug-usage rates of
13 anywhere in the world.
14 It's a peaceful country, having
15 scored fourth in the world index in peace. It's
16 a great climate, a great culture, and that is
17 what we celebrate each and every year.
18 Now, it's June 10th, which is some
19 time from now, when we celebrate the history of a
20 country that will celebrate its 880th year, in
21 just a month and a half. Again, amongst the
22 oldest countries in the world because of its
23 fixed borders. And frankly, there's a lot to
24 celebrate there.
25 But today is April 25th, and
2550
1 April 25th also marks a very important day. And
2 I'm very proud to stand here because Portugal
3 celebrates its Independence Day on April 25th.
4 In 1974 there was a revolution in Portugal
5 against the fascist regime, and there was what
6 they call the Carnation Revolution. The
7 Carnation Revolution because there were flowers
8 placed in the rifles of the military as the
9 people in Lisbon and across the country rose up
10 and overthrew that fascist regime.
11 And here we are, just twenty --
12 excuse me, 49 years later, it will be 50 years
13 next year, and continuing with the history of
14 commitment to renewable resources, commitment to
15 law and order, commitment to peace. In fact,
16 Portugal has one of its own sons, the prime
17 minister, former prime minister, Portugal's --
18 currently the Secretary General of the U.N.,
19 Antonio Guterres. So it's that commitment to
20 peace, that commitment to diplomacy as a means of
21 finding solutions to the world problems I think
22 that best defines Portugal today.
23 So a country of 10 million people,
24 Madam President, welcomes about 20 million people
25 as tourists each and every year because of its
2551
1 culture, because of its climate, because of its
2 people.
3 And we had the privilege today of
4 having with us the Consul General of Portugal,
5 who's visiting Albany, Luisa Pais Lowe, who's
6 here with her husband, Glynn Lowe.
7 And I would just ask,
8 Madam President, that as we recognize Dia de
9 Portugal, as we recognize the 49th anniversary of
10 the Independence Day in Portugal, and as we
11 recognize the great Portuguese-American
12 communities in New York State, that we take the
13 opportunity as well to welcome these guests to
14 our chamber and to extend the privileges of the
15 house to them.
16 Madam President, I vote aye. Thank
17 you.
18 ACTING PRESIDENT PERSAUD: Senator
19 Mayer on the resolution.
20 SENATOR MAYER: Thank you,
21 Madam President.
22 And again, thank you to
23 Senator Martins for his leadership on ensuring
24 that this resolution came to the floor and that
25 we have an opportunity to honor the very vibrant
2552
1 Portuguese-American community that we have.
2 And for the City of Yonkers and
3 New Rochelle and my colleagues next door and the
4 City of Mount Vernon, Westchester is full of a
5 very vibrant, engaged Portuguese-American
6 community which has contributed to our small
7 businesses as well as some of our more academic
8 professions, and certainly lawyers and doctors,
9 but also the most warm and inviting social world
10 that you could ask to join.
11 To all of us, I encourage you, go to
12 the Portuguese-American Club in your community,
13 see how wonderful it is, drink their fantastic
14 wine and eat their food, but enjoy their
15 companionship, their friendship, and their great
16 pride in the country of Portugal.
17 So thank you for letting me speak on
18 this. I proudly vote aye. And I'm very happy to
19 celebrate Portugal Day in the State of New York.
20 Thank you.
21 ACTING PRESIDENT PERSAUD: Senator
22 Rivera on the resolution.
23 SENATOR RIVERA: Thank you,
24 Madam President.
25 I want to thank Senator Martins --
2553
1 Mar-teen, Senator Mar-teens, for bringing this
2 resolution before us.
3 (Laughter.)
4 SENATOR RIVERA: I had the
5 opportunity to visit Lisbon, Lisboa, in late last
6 year. Not only did I find magnificent
7 chapelaria, which is a hat shop -- I got this
8 beautiful hat for like 70 American dollars. It
9 was beautiful.
10 I also had the opportunity to listen
11 to an amazing musical genre called fado in these
12 small, amazing clubs with live music where
13 everyone -- you could hear a pin drop as this
14 amazingly -- you know, amazing music was being
15 played just a couple of feet from you.
16 Or I had the opportunity to visit
17 also the Museum of Resistance and Liberation,
18 which was an absolutely inspirational place,
19 Madam President. It used to be -- during the
20 military dictatorship, it used to be a jail, a
21 prison for spies. And then it was transformed
22 after the democratic revolution in the seventies.
23 Eventually it was turned into a Museum of
24 Resistance and Liberation.
25 It was an incredible experience.
2554
1 And what topped it off for me was to be able to
2 visit -- as Senator Martins expressed, Portugal
3 is actually way ahead of us as it relates to how
4 we deal with addiction. They legalized all
5 drugs, which seems like a crazy notion, and yet
6 the reality is that their rates of drug use are
7 way below ours, the rate of violence attached to
8 drug use is basically nonexistent. They treat
9 addiction like a public health crisis, not like a
10 criminal act.
11 And it has been transformative for
12 the lives of Portuguese people, and it has been
13 certainly an inspiration to many of us who want
14 to bring that forward thinking into the U.S.
15 So I'm certainly appreciative of
16 Senator Martins for bringing this resolution to
17 the floor, and I would encourage all of my
18 colleagues to learn about what this amazing
19 country has done right, and maybe we can borrow
20 some of that for us, Madam President.
21 I vote aye. Thank you.
22 ACTING PRESIDENT PERSAUD: Senator
23 Bailey on the resolution.
24 SENATOR BAILEY: Thank you,
25 Madam President.
2555
1 Thank you, Senator Martins, for this
2 resolution.
3 So as Senator Mayer mentioned, also
4 in the City of Mount Vernon there is a vibrant
5 Portuguese population. And when you go to that
6 section of the city, it is incredibly festive,
7 incredibly welcoming, and incredibly lively.
8 But, Senator Martins, the food. The
9 food is top-notch. It is simply incredible. The
10 tastes of Portugal that are within the district
11 in the four square miles of Mount Vernon are
12 really important.
13 But it's not just about the food or
14 just the cultural liveliness, it's about the
15 resilience of a culture who's been able to fit in
16 seamlessly within the Mount Vernon community.
17 And so, you know, anytime you're in the City of
18 Mount Vernon and you're looking for a great
19 Portuguese meal, go to the South Side. It is,
20 again, replete and full of incredible life and
21 incredible culture.
22 But I just wanted, you know, to
23 congratulate Senator Martins on bringing this
24 resolution forward. And to all the people, not
25 just in the City of Mount Vernon, but of
2556
1 Portuguese descent statewide, we salute you. We
2 appreciate you.
3 Thank you, Madam President.
4 ACTING PRESIDENT PERSAUD: Senator
5 Ramos on the resolution.
6 SENATOR RAMOS: Thank you,
7 Madam President.
8 I rise today as a proud Colombian of
9 Portuguese descent. I carry the last name Ramos
10 with great pride. My ancestors arrived in
11 Colombia from Portugal a few hundred years ago.
12 And, you know, being half-white and
13 half-Indigenous in that way always kind of has me
14 wrestling with what history has charted as a path
15 for the rest of us.
16 And I think even though the
17 Portuguese were indeed ruthless colonizers
18 hundreds and hundreds of years ago, they've
19 actually done the work to heal and ensure that
20 they are putting forth a country that is on the
21 brink of progress in nearly every single
22 different sector.
23 And I don't want to repeat
24 everything that's already been said, but, you
25 know, the Portuguese culture is one that is so
2557
1 strong, so beautiful. The food is delicious; the
2 wine is even better. But the warmth of the
3 people is certainly something that is still very
4 heartfelt in my family.
5 And I do want to, for the record,
6 mention my grandfather, who I didn't have a
7 chance to meet, who died when my father was a
8 young boy, Luis Enrique Ramos, who was, I'm told,
9 an amazing merchant himself in Colombia.
10 And I appreciate the opportunity
11 that Senator Martins has given me to be able to
12 honor this part of my heritage that I seldom have
13 an opportunity to do. So thank you.
14 ACTING PRESIDENT PERSAUD: To our
15 guests, I welcome you on behalf of the Senate.
16 We extend to you the privileges and courtesies of
17 this house. Please stand and be recognized.
18 Happy Portugal Day.
19 (Standing ovation.)
20 ACTING PRESIDENT PERSAUD: The
21 resolution was previously adopted on 4/10.
22 Senator Gianaris.
23 SENATOR GIANARIS: Madam President,
24 now let's take up Resolution 818, by
25 Senator Sepúlveda, read that resolution's title,
2558
1 and recognize Senator Sepúlveda.
2 ACTING PRESIDENT PERSAUD: The
3 Secretary will read.
4 THE SECRETARY: Senate Resolution
5 818, by Senator Sepúlveda, welcoming the
6 Society of Foreign Consuls to the
7 Legislative Chambers in Albany on April 25, 2023.
8 ACTING PRESIDENT PERSAUD: Senator
9 Sepúlveda on the resolution.
10 SENATOR SEPÚLVEDA: Thank you,
11 Madam President, for allowing me to present this
12 resolution today.
13 Today I rise to support a joint
14 resolution welcoming the Society of Foreign
15 Consuls in New York to our legislative chamber
16 today. We have 26 members of the foreign consuls
17 here blessing us with their presence.
18 I'm pleased to announce and to note
19 that some members of the society are here, with
20 the delegation directed by the Honorable
21 Ambassador Marita Landaveri, the consul general
22 of Peru. (In Spanish.)
23 I'm happy to say the Society of
24 Foreign Consuls represents the world's largest
25 consular corps, and they foster cultural and
2559
1 economic relationships between member countries,
2 New York City, and United States.
3 This resolution acknowledges the
4 Society of Foreign Consuls, their commitment to
5 promoting these relations, and its effort in
6 organizing seminars and events on consular
7 access, diplomatic security, immigration,
8 document fraud, and airport protocol.
9 It also applauds the Society of
10 Foreign Consuls' contribution to supporting many
11 charitable organizations here in New York State.
12 Let us take this opportunity to show
13 our appreciation and allow me the indulgence to
14 announce who is here. We have the Consul General
15 from Angola -- and forgive me if I mispronounce
16 anyone's name -- Augusta Bessa. We have the
17 Consul General Ambassador from Argentina,
18 Santiago Villalba. We have the Consul General --
19 a friend of mine who I've met on many
20 occasions -- from Bangladesh, Mohammad Monirol
21 Islam. We have the Consul General from Belgium,
22 Filip Vanden Bulcke. We have the Consul General
23 from Bulgaria, Angel Angelov. We have the Consul
24 General from Colombia, Andres Mejia Pizanoan.
25 We have the Consul General from
2560
1 Denmark, Berit Basse. From El Salvador,
2 Daniel Erazo. From Estonia, Arvo Anton. From
3 Finland, Keijo Karjalainen. From Guatemala,
4 Nivia Rosemary Arauz Monzon. From Iceland, we
5 have Nikulas Hannigan. From India, we have
6 Randhir Jaiswal. From Khazakhstan, Raushan
7 Yesbulatova. From Liberia, Nathaniel Nagbe.
8 From Luxembourg, Ergu Kivanc. From Nepal,
9 Bishnu Prasad Gautam. From Nigeria, Lot Peter
10 Egopija. From Norway, Heidi Olufsen.
11 From Peru, I mentioned the
12 Ambassador Consul General Marita Landaveri. We
13 also have the Deputy Consul General from Peru,
14 Giovanna Zanelli, and Deputy Consul General
15 Jose Emanuel.
16 From the Philippines, we have
17 Consul General Senen Mangalile. From Portugal,
18 we have Luisa Lowe. From Serbia we have Olgica
19 Vlacic. From South Africa we have Mzwanele
20 Langa. From Sweden we have Camilla Mellander.
21 And from Switzerland, Niculin Jager.
22 Please help me welcome all these
23 members from the Consul Generals' offices, and we
24 welcome you to our chamber.
25 Thank you for allowing me to present
2561
1 this resolution.
2 ACTING PRESIDENT PERSAUD: Senator
3 Gianaris on the resolution.
4 SENATOR GIANARIS: Thank you,
5 Madam President.
6 Well, since I got brought into this,
7 let me say to the Peruvian Consul General {in
8 Spanish}.
9 (Awed reaction from members.)
10 ACTING PRESIDENT PERSAUD: Wow.
11 (Laughter.)
12 ACTING PRESIDENT PERSAUD: To our
13 guests, I welcome you on behalf of the Senate.
14 We extend to you the courtesies and privileges of
15 this house.
16 Please stand and be recognized.
17 (Standing ovation).
18 ACTING PRESIDENT PERSAUD: The
19 question is on the resolution. All in favor
20 signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT PERSAUD: Opposed,
23 nay.
24 (No response.)
25 ACTING PRESIDENT PERSAUD: The
2562
1 resolution is adopted.
2 Senator Gianaris.
3 SENATOR GIANARIS: Madam President,
4 at the request of the various cosponsors, all the
5 resolutions we took up today are open for
6 cosponsorship.
7 ACTING PRESIDENT PERSAUD: The
8 resolutions are open for cosponsorship. Should
9 you choose not to be a cosponsor of the
10 resolutions, please notify the desk.
11 Senator Gianaris.
12 SENATOR GIANARIS: I believe
13 there's a report of the Rules Committee at the
14 desk. Can we take that up.
15 ACTING PRESIDENT PERSAUD: The
16 Secretary will read.
17 THE SECRETARY: Senator
18 Stewart-Cousins, from the Committee on Rules,
19 reports the following bills:
20 Senate Print 1535, by
21 Senator Hoylman-Sigal, an act to amend the
22 Executive Law;
23 Senate Print 1688, by
24 Senator Sanders, an act to amend the
25 Environmental Conservation Law;
2563
1 Senate Print 1725A, by
2 Senator Harckham, an act to amend the
3 Environmental Conservation Law;
4 Senate Print 4859A, by
5 Senator Krueger, an act to amend the
6 State Finance Law.
7 All bills reported direct to third
8 reading.
9 SENATOR GIANARIS: Move to accept
10 the report of the Rules Committee.
11 ACTING PRESIDENT PERSAUD: All
12 those in favor of accepting the Rules Committee
13 report signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT PERSAUD: Opposed,
16 nay.
17 (No response.)
18 ACTING PRESIDENT PERSAUD: The
19 report of the Rules Committee is accepted.
20 Senator Gianaris.
21 SENATOR GIANARIS: Can we now take
22 up the calendar, please.
23 ACTING PRESIDENT PERSAUD: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
2564
1 317, Senate Print 3419A, by Senator Mannion, an
2 act to establish the Bottle Redemption Fraud
3 Task Force.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 6. This
7 act shall take effect immediately.
8 ACTING PRESIDENT PERSAUD: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT PERSAUD: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar Number 317, voting in the negative:
15 Senator Lanza.
16 Ayes, 60. Nays, 1.
17 ACTING PRESIDENT PERSAUD: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 426, Senate Print 4304, by Senator Parker, an act
21 to amend the Public Service Law and the
22 Public Authorities Law.
23 ACTING PRESIDENT PERSAUD: Read the
24 last section.
25 THE SECRETARY: Section 4. This
2565
1 act shall take effect on the first of January.
2 ACTING PRESIDENT PERSAUD: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT PERSAUD: Announce
6 the results.
7 THE SECRETARY: In relation to
8 Calendar 426, those Senators voting in the
9 negative are Senators Griffo, Oberacker and
10 Walczyk.
11 Ayes, 58. Nays, 3.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 603, Senate Print 4636, by Senator May, an act to
16 amend the General Municipal Law.
17 SENATOR LANZA: Lay it aside.
18 ACTING PRESIDENT PERSAUD: Lay it
19 aside.
20 THE SECRETARY: Calendar Number
21 609, Senate Print 992A, by Senator Hoylman-Sigal,
22 an act to amend the Environmental Conservation
23 Law.
24 ACTING PRESIDENT PERSAUD: Read the
25 last section.
2566
1 THE SECRETARY: Section 3. This
2 act shall take effect December 31, 2024.
3 ACTING PRESIDENT PERSAUD: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT PERSAUD: Announce
7 the results.
8 THE SECRETARY: In relation to
9 Calendar Number 609, those Senators voting in the
10 negative are Senators Borrello, Griffo, Lanza and
11 Oberacker.
12 Ayes, 57. Nays, 4.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 610, Senate Print Number 1538A, by
17 Senator Hoylman-Sigal, an act to amend the
18 Environmental Conservation Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 180th day after it
23 shall have become a law.
24 ACTING PRESIDENT PERSAUD: Call the
25 roll.
2567
1 (The Secretary called the roll.)
2 ACTING PRESIDENT PERSAUD: Announce
3 the results.
4 THE SECRETARY: In relation to
5 Calendar Number 610, those Senators voting in the
6 negative are Senators Borrello, Oberacker and
7 O'Mara.
8 Ayes, 58. Nays, 3.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 611, Senate Print 4198, by Senator Comrie, an act
13 to enact the New York Wildlife Crossing Act.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 7. This
17 act shall take effect immediately.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar Number 611, those Senators voting in the
25 negative are Senators Gallivan, Ortt and Stec.
2568
1 Ayes, 58. Nays, 3. Oh, I'm sorry.
2 Also Senator Helming.
3 Ayes, 57. Nays, 4.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 613, Senate Print 5331, by Senator Harckham, an
8 act to amend the Environmental Conservation Law.
9 ACTING PRESIDENT PERSAUD: Read the
10 last section.
11 SENATOR LANZA: Lay it aside.
12 ACTING PRESIDENT PERSAUD: Lay it
13 aside.
14 THE SECRETARY: Calendar Number
15 623, Senate Print 5512, by Senator Rivera, an act
16 to amend the Public Health Law.
17 ACTING PRESIDENT PERSAUD: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT PERSAUD: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT PERSAUD: Announce
25 the results.
2569
1 THE SECRETARY: In relation to
2 Calendar 623, those Senators voting in the
3 negative are Senators Borrello, Gallivan,
4 Oberacker and Walczyk.
5 Ayes, 57. Nays, 4.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 Senator Gianaris, that completes the
9 reading of today's calendar.
10 SENATOR GIANARIS: Can we now take
11 up the supplemental calendar.
12 ACTING PRESIDENT PERSAUD: The
13 Secretary will ring the bell.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 633, Senate Print 1535, by Senator Hoylman-Sigal,
17 an act to amend the Executive Law.
18 ACTING PRESIDENT PERSAUD: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT PERSAUD: Announce
22 the results.
23 THE SECRETARY: In relation to
24 Calendar Number 633, those Senators voting in the
25 negative are Senators Borrello,
2570
1 Canzoneri-Fitzpatrick, Gallivan, Griffo, Lanza,
2 O'Mara, Oberacker, Ortt, Rhoads, Stec, Tedisco,
3 Walczyk and Weik.
4 Ayes, 48. Nays, 13.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 634, Senate Print 1688, by Senator Sanders, an
9 act to amend the Environmental Conservation Law.
10 SENATOR LANZA: Lay it aside.
11 ACTING PRESIDENT PERSAUD: Lay it
12 aside.
13 THE SECRETARY: Calendar Number
14 635, Senate Print 1725A, by Senator Harckham, an
15 act to amend the Environmental Conservation Law.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 90th 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 Borrello to explain his vote.
2571
1 SENATOR BORRELLO: Thank you,
2 Madam President.
3 You know, this is a perfect example
4 of government overreach and bureaucracy. I
5 understand that we want to try to do more to keep
6 our streams clean and safe, but this would be the
7 opposite, quite frankly.
8 The DEC is already overburdened with
9 the lakes and waterways they are already supposed
10 to be really taking care of, and they can't
11 accomplish all that with the time that they have.
12 And yet we're going to take things that could be
13 dry ditches and regulate them and stop people
14 from doing things as basic as flood mitigation or
15 preparation for something like a flood -- all so
16 they can wait on the DEC bureaucracy.
17 This is just horrible overreach. It
18 will impact our farmers, it will impact our local
19 governments, and I would encourage all my
20 colleagues to vote no.
21 Thank you.
22 ACTING PRESIDENT PERSAUD: Senator
23 Borrello to be recorded in the negative.
24 Senator Harckham to explain his
25 vote.
2572
1 SENATOR HARCKHAM: Thank you very
2 much, Madam President.
3 I'm really excited that we have
4 moved this bill to this point. As you know,
5 we've had a couple of versions in the past. With
6 this version, we have actually listened to our
7 colleagues from the other side of the aisle to
8 make improvements for local governments and for
9 water conservation boards.
10 And I've heard mention on this floor
11 that this is bureaucratic overreach. This bill
12 protects people's drinking water. The Town of
13 Cortland, the City of Peekskill, the Town of
14 Guilderland, the Town of Waverly, many of these
15 communities, their sole supply of drinking water
16 comes from Class C streams. There are exemptions
17 for local governments that they already have for
18 farmers, replacement in kind if they're not
19 disturbing a thousand feet.
20 So there's a lot of disinformation
21 about this bill. This is about protecting our
22 water quality and our drinking water. Everyone
23 relies on Class C streams in one way, shape or
24 form for their drinking water.
25 I'm proud to sponsor this. I'm
2573
1 proud to vote aye.
2 ACTING PRESIDENT PERSAUD: Senator
3 Harckham to be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar 635, those Senators voting in the
7 negative are Senators Ashby, Borrello,
8 Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming,
9 Lanza, Martins, Mattera, Murray, Oberacker,
10 O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco,
11 Walczyk and Weik.
12 Ayes, 42. Nays, 19.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 636, Senate Print 4859A, by Senator Krueger, an
17 act to amend the State Finance Law.
18 ACTING PRESIDENT PERSAUD: Read the
19 last section.
20 THE SECRETARY: Section 7. 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
2574
1 Krueger to explain her vote.
2 SENATOR KRUEGER: Thank you,
3 Madam President.
4 I appreciate the people who are
5 voting for my bill. I just want to emphasize how
6 important the issue of the continued
7 deforestation of the tropical rain forests on our
8 planet are -- the enormous damage done to climate
9 because of the tearing down and the destruction
10 of these areas in the world.
11 They are destroying properties that
12 are home to indigent people, who then are pushed
13 off of their land. This is doing enormous damage
14 to our natural resources, directly correlating to
15 growth in climate change.
16 And this bill will simply ensure
17 that a standard that we've had in the State of
18 New York for 30 years that we should not be
19 purchasing tropical hardwoods will in fact no
20 longer be allowed in anyone doing business
21 through contract with the State of New York.
22 We have set out a very detailed way
23 to ensure that state agencies can monitor, that
24 vendors can understand what is expected of them.
25 And frankly, we believe that this
2575
1 should be expanded beyond just contractors with
2 the State of New York, but with the passage of
3 this law, and with implementation, we think that
4 others will understand why not only is it so
5 important for our planet that we are following
6 down this road of protecting the remaining
7 tropical and boreal forests of the world, but
8 they will also realize it's not that hard to do,
9 we have alternative options.
10 I vote yes, and I hope my colleagues
11 will vote yes. Thank you, Madam President.
12 ACTING PRESIDENT PERSAUD: Senator
13 Krueger to be recorded in the affirmative.
14 Senator Martins to explain his vote.
15 SENATOR MARTINS: Thank you,
16 Madam President.
17 And I do want to thank
18 Senator Krueger for the bill. Unfortunately, I
19 will be voting no.
20 And it's simple. At the end of the
21 day, the ideals of protecting rare-woods
22 rain forests is something we should all aspire
23 to. The idea, though, that we are going to hold
24 contractors, those who are actually the workers
25 who are putting -- framing a building or putting
2576
1 this together, seems odd to me.
2 We're not going after the importers,
3 we're not going after the suppliers, we're
4 actually going to hold contractors responsible
5 for the type of wood that they're using when they
6 are just putting work in to try to make ends
7 meet.
8 So I do understand the concept of
9 holding people accountable, but those people who
10 brought those woods into the country, who brought
11 them into our state, who actually put them into
12 the stream of commerce should be held
13 accountable, not just the person who is actually
14 the person doing the work.
15 So I'll be voting no. Thank you.
16 ACTING PRESIDENT PERSAUD: Senator
17 Martins to be recorded in the negative.
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 636, those Senators voting in the
21 negative are Senators Ashby, Borrello,
22 Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming,
23 Martins, Mattera, Murray, Oberacker, O'Mara,
24 Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk,
25 Weber and Weik.
2577
1 Ayes, 42. Nays, 19.
2 ACTING PRESIDENT PERSAUD: The bill
3 is passed.
4 Senator Gianaris, that completes the
5 reading of the supplemental calendar.
6 SENATOR GIANARIS: Can we now move
7 to the controversial calendar, beginning with
8 Calendar 634.
9 ACTING PRESIDENT PERSAUD: The
10 Secretary will ring the bell.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 634, Senate Print 1688, by Senator Sanders, an
14 act to amend the Environmental Conservation Law.
15 ACTING PRESIDENT PERSAUD: Senator
16 Lanza, why do you rise?
17 SENATOR LANZA: Madam President, I
18 believe there's an amendment at the desk. I
19 waive the reading of that amendment and ask that
20 you recognize Senator Palumbo to be heard.
21 ACTING PRESIDENT PERSAUD: Thank
22 you, Senator Lanza.
23 Upon review of the amendment, in
24 accordance with Rule 6, Section 4B, I rule it
25 nongermane and out of order at this time.
2578
1 SENATOR LANZA: Accordingly,
2 Madam President, I appeal the ruling of the chair
3 and ask that you recognize Senator Palumbo to be
4 heard on the appeal.
5 ACTING PRESIDENT PERSAUD: The
6 appeal has been made and recognized, and
7 Senator Palumbo may be heard by the Jacksons.
8 SENATOR PALUMBO: Thank you,
9 Madam President.
10 I appeal the chair's ruling and rise
11 to appeal it because the proposed amendment is
12 germane to the bill at hand, because the
13 bill-in-chief helps farmers find a beneficial use
14 for their unwanted tires.
15 This bill will provide additional
16 and greatly needed relief for farmers and is
17 welcome relief. In fact, this is one of the
18 first positive proposals we've seen for many New
19 Yorkers in quite some time as we face a budget
20 that's a month late -- and the latest in 13
21 years, mind you.
22 But New Yorkers need relief from the
23 crushing squeeze of the state's burdensome taxes
24 and historic inflation. Despite easing inflation
25 pressures after months of historic increases,
2579
1 price growth is still squeezing consumers in key
2 areas. Prices for food climbed 8.5 percent from
3 March of last year to March of this year, while
4 over that same period rent grew by 8.4 percent.
5 So we're seeing inflation posing a risk to
6 New Yorkers as consumers and as taxpayers.
7 And for those who don't know,
8 inflation causes what is known as bracket creep.
9 This results in taxpayers moving into higher tax
10 brackets where they face higher tax rates without
11 any increase in income. Or even, as we've even
12 seen, there are suggestions that income has been
13 increasing but not keeping pace with the rate of
14 inflation. So incomes increase 4 percent,
15 inflation is at 8; obviously the net result is
16 that you have an expansion and almost
17 compression, Madam President, where folks are now
18 included in higher tax brackets without -- and
19 it's -- essentially it is a -- inflation is a
20 tax, but they're paying more in taxes and
21 obviously having less in their pockets.
22 But I have the solution,
23 Madam President. I've got good news. It's a
24 bill that I sponsor, 9518, that would end such
25 increases and index New York's income tax
2580
1 brackets, standard deduction, and dependent
2 exemptions to inflation and to CPI, thus
3 providing New Yorkers roughly $300 million
4 annually in tax relief. And that's relief that's
5 long overdue.
6 So, Madam President, I do appeal the
7 ruling of the chair and indicate that the
8 germaneness is relevant to relief to New Yorkers.
9 This is a farmers' relief bill. This
10 bill-in-chief is a good bill, I'm going to vote
11 for it, but we need to do more.
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 (Response of "Aye.")
21 SENATOR LANZA: Show of hands.
22 ACTING PRESIDENT PERSAUD: A show
23 of hands has been requested and so ordered.
24 THE SECRETARY: Ayes, 20.
25 ACTING PRESIDENT PERSAUD: The
2581
1 ruling of the chair stands, and the bill-in-chief
2 is before the house.
3 Read the 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 PERSAUD: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT PERSAUD: Announce
11 the results.
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 603, Senate Print 4636, by Senator May, an act to
17 amend the General Municipal Law.
18 ACTING PRESIDENT PERSAUD: Senator
19 Palumbo --
20 (Laughter.)
21 ACTING PRESIDENT PERSAUD: -- so
22 nice to see you.
23 SENATOR PALUMBO: Would the sponsor
24 yield for a question or two, please.
25 ACTING PRESIDENT PERSAUD: Will the
2582
1 sponsor yield for a question or two?
2 SENATOR MAY: I'll be glad to.
3 ACTING PRESIDENT PERSAUD: The
4 sponsor yields.
5 SENATOR PALUMBO: Thank you,
6 Senator May.
7 And this bill actually was my
8 predecessor's bill for many years, and I do
9 absolutely appreciate the intent of it, that it
10 would just simply add lakes to the Adopt-A-Park
11 program.
12 But I do have a concern, because
13 when I see in Section 2, Subdivision 2:
14 "Notwithstanding any inconsistent provision of
15 law, the county, city, town or village and its
16 employees shall not be liable for damages
17 suffered by any persons resulting from the
18 actions or activities of such volunteers or
19 groups."
20 So in that regard, was there any
21 consideration by the sponsor, Madam President, to
22 possibly add some new provisions with respect to
23 now the fact that the volunteers are going to be
24 out on bodies of water, not just walking the
25 shoreline or cleaning up a park on land?
2583
1 SENATOR MAY: Through you,
2 Madam President. Thank you for that question.
3 So my understanding is that there
4 would be liability waivers on the part of the
5 volunteers. They would be organized, they would
6 be instructed in safety, and probably mostly
7 along or very close to the shoreline in any case.
8 SENATOR PALUMBO: Thank you.
9 Madam President, will the sponsor
10 yield for another question.
11 ACTING PRESIDENT PERSAUD: Will the
12 sponsor yield?
13 SENATOR MAY: I will.
14 ACTING PRESIDENT PERSAUD: The
15 sponsor yields.
16 SENATOR PALUMBO: Thank you again
17 for that response, Senator May.
18 And my question, though, is of
19 course this involves the actual lake itself. So
20 in the event there's floating plastic, things
21 like that, they will need to wander off of the
22 shore. And in the event, just hypothetically,
23 that, say, this little village doesn't provide
24 adequate safety equipment, adequate life jackets
25 and so forth, and someone is injured as a result,
2584
1 a lake is certainly more dangerous than your
2 ordinary park. So this provides absolution for
3 the municipality, and that's of concern to me.
4 So how do you reconcile that, if you
5 can, for me? And if not, maybe we can consider
6 an amendment or some other manner of handling the
7 fact that we're adding lakes to this legislation.
8 SENATOR MAY: Through you,
9 Madam President, safety is obviously very
10 important, and I'm grateful for your concern.
11 I will say that roadways are
12 included in the existing law, and roadways are
13 far, far more dangerous, if you count up roadway
14 deaths or roadway injuries, by comparison to
15 those on water. So -- and I mean that's in
16 general.
17 And then within the program of
18 Adopt-A-Roadway there have been very, very few
19 injuries reported.
20 So in general this program has been
21 quite safe in the areas where it has been in
22 effect up until now. So I do feel confident that
23 we will have a similar safety record along
24 waterways too.
25 And I will say, as somebody who
2585
1 kayaks, is out on the Finger Lakes in my district
2 a lot, the temptation to pull things out of the
3 water is strong. It would be very dangerous to
4 do that if you were out there alone. But this
5 kind of organized activity, where you're
6 supported and in a group, is a much better way to
7 do it.
8 SENATOR PALUMBO: Thank you,
9 Senator May.
10 Madam President, on the bill,
11 please.
12 ACTING PRESIDENT PERSAUD: Senator
13 Palumbo on the bill.
14 SENATOR PALUMBO: Thank you,
15 Madam President.
16 And I like to use the Zoom feature
17 now; I don't always have to put my glasses on to
18 read it.
19 And as I indicated, this was my
20 predecessor's bill for many years. And it seems
21 somewhat innocuous to just add "lake" to a very
22 laudable goal to clean up our parks. And I'm
23 completely in favor of that.
24 But I do have a significant concern
25 because the bill actually provides that they're
2586
1 authorized to provide and coordinate services by
2 volunteers or groups, to reduce the amount of
3 litter, including providing trash bags and trash
4 bag pickup in the designated areas where
5 volunteers may be in close proximity to moving
6 vehicles, providing safety briefings and
7 reflective safety gear.
8 I would like to see something along
9 those lines. And quite frankly, I am concerned
10 because I was -- this was brought to my attention
11 by some groups and individuals who pay attention
12 to these things, that providing absolute
13 liability to the municipality, we're asking
14 volunteers to do an amazing thing and sign their
15 life away, potentially.
16 So for those reasons, I do have
17 significant concerns. I'd ask that we amend and
18 clarify that language in this bill. And I will
19 be voting no.
20 Thank you, Madam President.
21 ACTING PRESIDENT PERSAUD: Are
22 there any other Senators wishing to be heard?
23 Seeing and hearing none, debate is
24 closed. The Secretary will ring the bell.
25 Read the last section.
2587
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 60th day after it
3 shall have become a law.
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 And I want to thank the chair of
12 Environmental Conservation and the
13 Majority Leader for bringing this package of
14 bills for Earth Day. And I'm proud to have a
15 bill on the agenda, because protecting our
16 waterways is extremely important to me.
17 I now represent a new district that
18 has four Finger Lakes and part of Lake Ontario in
19 it. And one of the things that I have been
20 really struck by is how much responsibility the
21 local residents take for making sure that their
22 waterways are protected. The watershed
23 associations do incredible work in my district.
24 And I think this gives them one more
25 opportunity to kind of harness that excitement
2588
1 and community engagement with the water to
2 actually do cleanup along the lakes and on the
3 lakes, and I look forward to being part of some
4 of those projects moving forward.
5 So I vote aye. Thank you.
6 ACTING PRESIDENT PERSAUD: Senator
7 May to be recorded in the affirmative.
8 Senator Murray to explain his vote.
9 SENATOR MURRAY: Thank you,
10 Madam President. I'd just like to thank the
11 sponsor.
12 I actually, as many of you know,
13 served some time over -- down the hall in the
14 Assembly, and during that time I actually carried
15 this bill and helped to write it. So I thank you
16 for pushing it forward. It's long overdue, as we
17 were trying so hard to get lakes included. A lot
18 of the litter is along the shoreline.
19 We were pushing very hard and kept
20 hitting roadblocks. So I thank you for pushing
21 this through. I'm proud to support this bill, as
22 it will do a lot of good in our communities.
23 Thank you.
24 ACTING PRESIDENT PERSAUD: Senator
25 Murray to be recorded in the affirmative.
2589
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar Number 603, voting in the negative:
4 Senator Palumbo.
5 Ayes, 60. Nays, 1.
6 ACTING PRESIDENT PERSAUD: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 613, Senate Print 5331, by Senator Harckham, an
10 act to amend the Environmental Conservation Law.
11 ACTING PRESIDENT PERSAUD: Senator
12 Borrello --
13 SENATOR BORRELLO: Yes, Madam
14 President.
15 ACTING PRESIDENT PERSAUD: -- how
16 may we help you?
17 SENATOR BORRELLO: Thank you, I
18 appreciate that.
19 (Laughter.)
20 SENATOR BORRELLO: The list is
21 long, Madam President.
22 (Laughter.)
23 SENATOR BORRELLO: Would the
24 sponsor yield for a question.
25 ACTING PRESIDENT PERSAUD: Will the
2590
1 sponsor yield?
2 SENATOR HARCKHAM: First of all,
3 Happy Earth Day, Madam President, and to you,
4 Senator Borrello.
5 And yes, the sponsor happily will
6 yield.
7 SENATOR BORRELLO: Thank you.
8 Through you, Madam President, food
9 waste obviously is a big topic. You know, I
10 think as much as 40 percent of food is thrown
11 away, which is certainly a problem.
12 But we already have a solution for
13 this right now. There's a current program that
14 DEC put in place after legislation was passed
15 that's only a hot 16 months into its execution.
16 Why are we changing this now with this bill?
17 SENATOR HARCKHAM: Through you,
18 Madam President. First, I want to thank the
19 Senator for highlighting the need of this
20 program. A, the amount of food that is wasted:
21 30 to 40 percent.
22 It's also important that we address
23 this for climate change. To put it in
24 perspective, in the United States food waste
25 accounts for 170 million metric tons, or the
2591
1 equivalent of 42 coal-fired power plants. Which
2 is why so much attention has been placed on food
3 waste in the scoping plan of the CLCPA.
4 And finally, the cost of the waste.
5 With 18 percent of the municipal waste stream
6 made up of food waste, we all pay by the ton.
7 Taxpayers pay, municipalities pay, district
8 payers and customers. So by the ton.
9 So this has always been the plan.
10 This was discussed in the scoping plan that we
11 would get to this point. The first bill that the
12 Senator rightly refers to, which we passed a few
13 years ago, was the pilot to get it set up so DOT
14 could see that it was working. And then this is
15 where the scoping plan has envisioned we would
16 get to.
17 SENATOR BORRELLO: Madam President,
18 does the sponsor continue to yield.
19 ACTING PRESIDENT PERSAUD: Will the
20 sponsor yield?
21 SENATOR HARCKHAM: Absolutely.
22 ACTING PRESIDENT PERSAUD: The
23 sponsor yields.
24 SENATOR BORRELLO: Well, I don't
25 think 16 months has been enough time to really
2592
1 see if this pilot program is working and
2 functioning.
3 But I'll ask you, though, in the
4 original bill important stakeholders like the
5 New York State Restaurant Association and others
6 were engaged so they could come up with something
7 that was tenable that, you know, restaurants and
8 others that deal with food waste, you know, would
9 be able to have a say in how this looks so it
10 could be manageable for so many New York
11 businesses.
12 But I'm told by the New York
13 Restaurant Association they weren't involved in
14 this piece of legislation that you've presented.
15 And so where did these numbers come from? I
16 mean, if you're not engaging folks like the
17 New York State Restaurant Association, who were
18 involved in the first plan with DEC, who came up
19 with this plan?
20 SENATOR HARCKHAM: Through you,
21 Madam President. To the first point -- well,
22 I'll come back to the -- oh, the first
23 point was about who said DEC was ready to expand
24 this. It was DEC who said they were ready to
25 expand this.
2593
1 The second point I would make
2 regarding the Restaurant Association is they were
3 involved in the original plan, and the original
4 plan is this. I also met with them, members of
5 my team met with them, members of central staff
6 met with the Restaurant Association. This was
7 not a gotcha. This was long in the works, this
8 was long the plan.
9 But I would point out that many
10 restaurants are saving money. We've also spoken
11 to many individual restaurants, because in the
12 course of discussions about another bill -- many
13 restaurants were concerned about that bill --
14 this came up.
15 Many restaurants are saving money.
16 Because, again, waste we pay for by the ton. And
17 if we're eliminating up to 18 percent of that
18 tonnage -- and let's not forget where a lot of
19 that is going. A lot of this food can help feed
20 our neighbors. Anywhere between 10 and
21 30 percent of New Yorkers go to bed hungry every
22 night, especially our children -- the rate is
23 much higher.
24 So at no cost to restaurants and
25 supermarkets, much of this food is picked up.
2594
1 And what can't be served and fed to New York's
2 hungry goes to be either composted or put in
3 digesters to create energy at no cost to the
4 restaurant.
5 So this is a money-saving mechanism
6 for restaurants, and many of them are finding it
7 does. There is also an escape hatch in here that
8 if for some reason a restaurant finds that this
9 is 10 percent -- this increases their waste cost
10 by more than 10 percent, they can get a waiver.
11 SENATOR BORRELLO: Madam President,
12 will the sponsor continue to yield.
13 ACTING PRESIDENT PERSAUD: Does the
14 sponsor yield?
15 SENATOR HARCKHAM: Absolutely.
16 ACTING PRESIDENT PERSAUD: The
17 sponsor yields.
18 SENATOR BORRELLO: Well, you bring
19 up there's going to be a savings. Well, you
20 know, the food is already purchased by the
21 restaurant or whatever institution it might be.
22 And whatever is left -- and we do this at our
23 restaurants -- is often donated to local food
24 banks close by, especially perishable foods and
25 things like that.
2595
1 This is now a burden that would
2 require them to have a hauler come and pay that
3 hauler. So I don't see any savings.
4 But you did actually remove the
5 25-mile radius requirement in this bill. Which
6 means now many restaurants that aren't in close
7 proximity to one of these organic haulers may
8 have to pay somebody to come from 50 miles away,
9 75 miles away, and they're likely coming in
10 diesel-powered trucks that are going to be
11 spewing emissions to pick up those products.
12 So why the removal of this 25-mile
13 radius?
14 SENATOR HARCKHAM: Through you,
15 Madam President. First, I want to thank you and
16 your family for what you do at your restaurant
17 for donating. That is the spirit we encourage.
18 There is, number one, an exemption,
19 again, a hardship exemption. If transportation
20 becomes a barrier, people can get a waiver. And
21 in the first 18 months of the pilot program,
22 90 percent of the waivers were granted. There
23 were only three waivers that were denied.
24 But the point is, A, to build
25 capacity. As people know, more is coming, both
2596
1 the food recipient organizations, organizations
2 like Feed New York -- and a number have been
3 contracted by DEC to assist in this effort. So
4 restaurants will not be left to their own, that
5 there will be partner organizations to assist
6 them. And so the capacity will be built up
7 enough so that the 25-mile radius can be dropped.
8 SENATOR BORRELLO: Madam President,
9 will the sponsor continue to yield.
10 ACTING PRESIDENT PERSAUD: Does the
11 sponsor yield?
12 SENATOR HARCKHAM: Yes, absolutely.
13 ACTING PRESIDENT PERSAUD: The
14 sponsor yields.
15 SENATOR BORRELLO: First of all,
16 thank you for the kind words. Appreciate that.
17 I think we all in this industry hope that no food
18 goes to waste and that no one goes hungry and we
19 all try to endeavor to that.
20 And the New York Restaurant
21 Association, which I'm a member of, does a lot in
22 that space as well.
23 That being said, we start talking
24 about these food scrap recyclers, and actually in
25 my district we have a facility that takes food
2597
1 scraps and actually turns it into electricity.
2 They compost it and turn it into electricity.
3 Which is a great program. But again, the cost of
4 getting it there is, you know, an issue
5 oftentimes.
6 With that being said, would this
7 plan now accelerating the number of people who
8 will have to recycle their food waste or do
9 something with it, are we going to have the
10 capacity currently, with the infrastructure that
11 we have from those organic food haulers and
12 recyclers, to handle the increase that this is
13 going to create?
14 SENATOR HARCKHAM: Through you,
15 Madam President, I would say two things.
16 Number one, the capacity of the
17 people who come and pick up the food to take it
18 to food pantries will be there, it is there.
19 They are begging for more usable food for their
20 pantries, as food insecurity has stayed high
21 after the pandemic.
22 And let's remember that's no cost to
23 the donor. So that's saving the restaurateur
24 money. And many times when there's an organic --
25 when the organics are sent, there is no cost
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1 because the digesting folks are making money on
2 the back end with the energy.
3 So these -- there may be an expense
4 of getting it from Point A to Point B, admitted.
5 But we're saving in other areas of cost. And
6 that's why many restaurants are finding they're
7 actually saving money by this program versus
8 their costs going up.
9 SENATOR BORRELLO: Madam President,
10 will the sponsor continue to yield.
11 ACTING PRESIDENT PERSAUD: Does the
12 sponsor yield?
13 SENATOR HARCKHAM: I will,
14 Madam President.
15 If I may, there is also a waiver if
16 transportation is unavailable. So we know in
17 some of our rural areas, you're 75 miles from the
18 nearest municipality or infrastructure, you can
19 apply for a waiver. Thank you.
20 SENATOR BORRELLO: Thank you for
21 that information.
22 ACTING PRESIDENT PERSAUD: The
23 sponsor yields.
24 SENATOR HARCKHAM: Yeah,
25 absolutely.
2599
1 SENATOR BORRELLO: Thank you.
2 Thank you.
3 Is there any other state that has
4 kind of matched this we'll call aggressive agenda
5 for food waste that this bill calls for?
6 SENATOR HARCKHAM: Yes,
7 Madam President, momentarily. We'll get that for
8 you. (Pause.)
9 Through you, Madam President. To
10 answer your question, Senator: Massachusetts,
11 Vermont, Connecticut, New Jersey, Rhode Island,
12 California, Oregon and Washington, and several
13 other major national cities, have implemented
14 food donation and diversion programs.
15 SENATOR BORRELLO: All right.
16 Madam President, on the bill.
17 ACTING PRESIDENT PERSAUD: Senator
18 Borrello on the bill.
19 SENATOR BORRELLO: First of all,
20 thank you, Senator Harckham. Appreciate it.
21 Also, nice shirt (pointing to purple tie).
22 (Laughter.)
23 SENATOR BORRELLO: You know, he
24 brought up, the Senator brought up that the
25 Restaurant Association was engaged here.
2600
1 But we have a memo here that
2 actually states that, you know, that this was --
3 they were not involved, that New York State and
4 its -- "New York State Restaurant Association
5 members are always open to making better policy
6 based on constructive feedback and data,
7 particularly when it comes to food waste
8 reduction. However," and they cite the bill
9 number, "was introduced on March 2nd of 2023, and
10 is now poised to pass the Senate just a few weeks
11 later. We have not been asked to engage or
12 provide any kind of stakeholder feedback on this
13 proposed legislation that would fundamentally
14 alter the current program."
15 So what we're saying here, folks, is
16 the Restaurant Association is saying we were --
17 we discussed this initially, and now we were cut
18 out of this change.
19 And I realize that it's Earth Day,
20 we want to get this up and running quickly. But
21 I can tell you that the restaurant industry, like
22 so many others, was really damaged by the
23 pandemic. I think we all know that. And now, to
24 put this new onerous burden on them is going to
25 set them back that much further.
2601
1 And the reality is is that whether
2 it's individual restaurants, restaurant
3 associations regionally, or the State Restaurant
4 Association or the National Restaurant
5 Association, eliminating food waste and ensuring
6 that that food gets to those folks who need it
7 most is a high priority.
8 This bill isn't really necessary.
9 And the 16-month-old program that's really just
10 getting underway hasn't had a chance to really
11 work.
12 So I'll be voting no. Thank you.
13 ACTING PRESIDENT PERSAUD: Are
14 there any other Senators wishing to be heard?
15 Seeing and hearing none, debate is
16 closed. The Secretary will ring the bell.
17 Read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Announce
24 the results.
25 THE SECRETARY: In relation to
2602
1 Calendar 613, those Senators voting in the
2 negative are Senators Ashby, Borrello,
3 Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming,
4 Martins, Mattera, Murray, Oberacker, O'Mara,
5 Ortt, Rhoads, Stec, Tedisco, Walczyk and Weber.
6 Ayes, 44. Nays, 17.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 Senator Gianaris, that completes the
10 reading of the controversial calendar.
11 SENATOR GIANARIS: Is there any
12 further business at the desk?
13 ACTING PRESIDENT PERSAUD: There is
14 no further business at the desk.
15 SENATOR GIANARIS: I move to
16 adjourn until tomorrow, Wednesday, April 26th, at
17 11:00 a.m.
18 ACTING PRESIDENT PERSAUD: On
19 motion, the Senate stands adjourned until
20 Wednesday, April 26th, at 11:00 a.m.
21 (Whereupon, at 5:25 p.m., the Senate
22 adjourned.)
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