4070
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 18, 2023
11 12:14 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR ROXANNE J. PERSAUD, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT PERSAUD: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT PERSAUD: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT PERSAUD: Reading
14 of the Journal.
15 THE SECRETARY: In Senate,
16 Wednesday, May 17, 2023, the Senate met pursuant
17 to adjournment. The Journal of Tuesday, May 16,
18 2023, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT PERSAUD: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator May moves
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1 to discharge, from the Committee on
2 Investigations and Government Operations,
3 Assembly Bill Number 2873A and substitute it for
4 the identical Senate Bill 5621A, Third Reading
5 Calendar 764.
6 Senator Breslin moves to discharge,
7 from the Committee on Health, Assembly Bill
8 Number 3302 and substitute it for the identical
9 Senate Bill 6086, Third Reading Calendar 857.
10 ACTING PRESIDENT PERSAUD: So
11 ordered.
12 Messages from the Governor.
13 Reports of standing committees.
14 Reports of select committees.
15 Communications and reports from
16 state officers.
17 Motions and resolutions.
18 Senator Serrano.
19 SENATOR SERRANO: Thank you,
20 Madam President.
21 Amendments are offered to the
22 following Third Reading Calendar bills. I have
23 three here.
24 We have, from Senator Webb,
25 Calendar Number 729, Senate Print 5129.
4073
1 I also have Senator May,
2 Calendar Number 922, Senate Print 5735.
3 Also from Senator May,
4 Calendar Number 923, Senate Print 5736.
5 I now move that these bills retain
6 their place on the order of third reading.
7 ACTING PRESIDENT PERSAUD: The
8 amendments are received, and the bills will
9 retain their place on the Third Reading Calendar.
10 Senator Serrano.
11 SENATOR SERRANO: Thank you.
12 Madam President, by unanimous
13 consent, I wish to call up the following bills,
14 which were recalled from the Assembly and are now
15 at the desk: Senate Print Numbers 264, 2832,
16 253, 2099B.
17 ACTING PRESIDENT PERSAUD: The
18 Secretary will read.
19 THE SECRETARY: Calendar
20 Number 197, Senate Print 264, by
21 Senator Stewart-Cousins, an act to amend the
22 Executive Law.
23 Calendar Number 566, Senate Print
24 2832, by Senator Breslin, an act to amend the
25 Penal Law.
4074
1 Calendar Number 320, Senate Print
2 253, by Senator Serrano, an act to amend the
3 Arts and Cultural Affairs Law and the
4 Economic Development Law.
5 Calendar Number 823, Senate Print
6 2099B, by Senator Harckham, an act to amend the
7 Public Health Law.
8 SENATOR SERRANO: Thank you,
9 Madam President.
10 I move to reconsider the vote by
11 which these bills were passed.
12 ACTING PRESIDENT PERSAUD: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 53.
16 ACTING PRESIDENT PERSAUD: The
17 bills are restored to their place on the
18 Third Reading Calendar.
19 SENATOR SERRANO: Madam President,
20 I offer the following amendments to the
21 aforementioned bills.
22 ACTING PRESIDENT PERSAUD: The
23 amendments are received, and the bills will
24 retain their place on the Third Reading Calendar.
25 SENATOR SERRANO: Madam President,
4075
1 can we return to motions and resolutions.
2 I would like to call up previously
3 adopted Resolution 267, by Senator Tedisco, as
4 well as previously adopted Resolution 610, also
5 by Senator Tedisco. I ask that these resolutions
6 be read title only, and call on Senator Tedisco.
7 ACTING PRESIDENT PERSAUD: The
8 Secretary will read.
9 THE SECRETARY: Senate Resolution
10 267, by Senator Tedisco, congratulating the
11 Burnt Hills-Ballston Lake High School
12 Boys Cross Country Team and Head Coach
13 Chip Button upon the occasion of capturing the
14 2022 New York State Class B Cross Country
15 Championship.
16 Senate Resolution 610, by
17 Senator Tedisco, congratulating the
18 Burnt Hills-Ballston Lake High School
19 Girls Relay Team and Head Coach Megan James upon
20 the occasion of capturing the 2023 New York State
21 4 x 400 Relay Title at the New York State
22 Public High School Athletic Association
23 Indoor Track and Field Championships.
24 ACTING PRESIDENT PERSAUD: Senator
25 Tedisco on the resolutions.
4076
1 SENATOR TEDISCO: Thank you so
2 much, Madam President.
3 I am pleased and extremely proud to
4 welcome two outstanding track and field teams
5 from the Burnt Hills-Ballston Lake
6 School District, a crown jewel in New York's
7 44th Senate District.
8 Now, one of these teams being
9 recognized here at the Capitol has been
10 recognized so many times, they've actually
11 offered to give the tours here.
12 (Laughter.)
13 SENATOR TEDISCO: The other team is
14 starting their own track record of success, and
15 I'm sure they're going to be back often also.
16 Our first group of honorees are the
17 Burnt Hills-Ballston Lake Boys Cross Country Team
18 and Head Coach Chip Button. This group has once
19 again captured the New York State Class B
20 Cross Country Championship on Saturday,
21 November 12, 2022, at Vernon Verona Sherrill
22 High School in Verona, finishing ahead of
23 runner-up Vestal High School.
24 The Burnt Hills-Ballston Lake
25 Boys Cross Country Team has now won six, six
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1 straight New York State Class B Cross Country
2 Team Championships. Without going out on a limb,
3 this would likely be a seventh straight win if it
4 were not for the pandemic.
5 Additionally, the victory marked
6 their 11th state title overall.
7 Prior to their perennial success at
8 the state level, the team compiled a
9 Suburban Council dual meet record of 11-3
10 en route to a 23rd Section 2 Championship.
11 These are the championship runners:
12 Keller Casey, Brayden Cyr, Brody Dugan,
13 Thomas Kotkoskie, Nolan McFarland, Logan Muller,
14 Cayden Robleno, Matthew Rounds, Ben Smith, and
15 Matthew Windecker. They're coached by their
16 outstanding coach, Chip Button.
17 Our second group of honorees from
18 Burnt Hills-Ballston Lake High School is the
19 Girls Relay Team and Head Coach Megan James, for
20 capturing the 2023 New York State 4 x 400 Relay
21 Championship on Saturday, March 4, 2023, at the
22 Ocean Breeze Athletic Complex on Staten Island.
23 These are uncharted waters for the
24 Burnt Hills-Ballston Lake High School Girls
25 Relay Team, who won their first-ever title at
4078
1 Indoor States competition -- but surely not their
2 last.
3 Demonstrating speed and superlative
4 teamwork, the Burnt Hills-Ballston Lake
5 High School foursome won the 4 x 400 with an
6 outstanding time of 3:59.02, which broke a school
7 record.
8 Earlier in the season, this relay
9 team also won the Section 2 title, a Division 2
10 Championship race, and the Section 2 State
11 Qualifier race.
12 They are Samantha Torres, Cassidy
13 Robleno, Alexandra O'Rourke, and Mia Paolino.
14 Head Coach Megan James did a wonderful job. Eric
15 Freestone is one of their assistant coaches, and
16 Matt Shell, who's been an outstanding coach at
17 Burnt Hills-Ballston Lake for years, was another
18 assistant coach. He's here today.
19 Each of these teams represented
20 their school's track and field program well both
21 on and off the racecourse, making their families
22 and fellow students proud, and excelled
23 academically in a tremendous way.
24 A common thread to the achievement
25 of both of these great teams is a second-to-none
4079
1 athletic department spearheaded by the school's
2 athletic director, Joe Scalise, who is also here
3 with us this morning.
4 Madam President, please extend a
5 warm welcome to these outstanding student
6 athletes and give them all the cordialities of
7 this chamber. We're proud and thankful that they
8 represent the 44th Senatorial District and their
9 school, Burnt Hills-Ballston Lake, so
10 outstandingly.
11 ACTING PRESIDENT PERSAUD: To our
12 guests, I welcome you on behalf of the Senate and
13 extend to you the privileges and courtesies of
14 this house.
15 Please rise and be recognized.
16 (Standing ovation.)
17 ACTING PRESIDENT PERSAUD:
18 Resolution 267 was adopted on January 18th.
19 Resolution 610 was adopted on March 28th.
20 Senator Serrano.
21 SENATOR SERRANO: Thank you,
22 Madam President.
23 Let's take up previously adopted
24 Resolution 441, by Senator Comrie. I ask that
25 that be read title only, and recognize
4080
1 Senator Comrie. Thank you.
2 ACTING PRESIDENT PERSAUD: The
3 Secretary will read.
4 THE SECRETARY: Senate Resolution
5 441, by Senator Comrie, memorializing
6 Governor Kathy Hochul to proclaim May 2023 as
7 Huntington's Disease Awareness Month in the
8 State of New York.
9 ACTING PRESIDENT PERSAUD: Senator
10 Comrie on the resolution.
11 SENATOR COMRIE: Thank you,
12 Madam President. Good afternoon.
13 I rise to speak on the resolution
14 recognizing May as Huntington's Disease Awareness
15 Month in New York.
16 I would first like to acknowledge
17 our guests that are here from the Albany Chapter
18 of the Huntington's Disease Society of America.
19 Thank you for coming to the chamber today to
20 advance awareness on this devastating disease.
21 I want to acknowledge my colleague
22 Senator Gustavo Rivera, our reliable
23 Health Committee chair, for having carried this
24 resolution in past years.
25 For those of you who don't know,
4081
1 Huntington disease is a rare hereditary
2 neurodegenerative disease for which there are no
3 known effective treatments. It's being described
4 as like having ALS, Parkinson's disease and
5 Alzheimer's disease simultaneously.
6 The disease is named after
7 George Huntington, a Columbia University College
8 of Physicians and Surgeons graduate who wrote one
9 of the most comprehensive and accurate
10 descriptions of the disease in 1872, despite
11 having little clinical experience and never
12 having had a patient with the disease.
13 After his groundbreaking report,
14 Dr. Huntington continued to spread awareness of
15 the disease to a wide number of medical
16 societies, including the New York
17 Neurological Society.
18 Those who suffer from this disease
19 or who have loved ones suffering from this
20 disease deserve the utmost compassion and
21 support, but that can only come from
22 understanding the needs of this vulnerable
23 community.
24 As we use the month of May to
25 increase awareness and understanding of
4082
1 Huntington's disease, we must also take this
2 opportunity to reflect on how we as legislators
3 can better support the community, through
4 increasing access to research, home care, and
5 more.
6 I'm proud to support this
7 resolution.
8 Thank you, Madam President.
9 ACTING PRESIDENT PERSAUD: To our
10 guests, I welcome you on behalf of the Senate.
11 We extend to you the privileges and courtesies of
12 this house.
13 Please rise and be recognized.
14 (Standing ovation.)
15 ACTING PRESIDENT PERSAUD: The
16 resolution was previously adopted on
17 February 28th.
18 Senator Serrano.
19 SENATOR SERRANO: Thank you.
20 At the request of the sponsors, the
21 resolutions are open for cosponsorship.
22 ACTING PRESIDENT PERSAUD: The
23 resolutions are open for cosponsorship. Should
24 you choose not to be a cosponsor on the
25 resolutions, please notify the desk.
4083
1 Senator Serrano.
2 SENATOR SERRANO: Thank you.
3 Let's please take up the reading of
4 the calendar.
5 ACTING PRESIDENT PERSAUD: The
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 129, Senate Print 1303, by Senator Parker, an act
9 to amend the Public Service Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT PERSAUD: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT PERSAUD: Announce
18 the results.
19 THE SECRETARY: In relation to
20 Calendar Number 129, those Senators voting in the
21 negative are Senators Ashby, Borrello,
22 Canzoneri-Fitzpatrick, O'Mara, Ortt, Rhoads,
23 Tedisco, Walczyk and Weik. Also Senator Griffo.
24 Ayes, 46. Nays, 10.
25 ACTING PRESIDENT PERSAUD: The bill
4084
1 is passed.
2 THE SECRETARY: Calendar Number
3 231, Senate Print 1851A, by Senator Hinchey, an
4 act to amend the Public Service Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT PERSAUD: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 527, Senate Print 1199A, by Senator Parker, an
19 act to amend the Public Service Law.
20 ACTING PRESIDENT PERSAUD: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 30th day after it
24 shall have become a law.
25 ACTING PRESIDENT PERSAUD: Call the
4085
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 527, voting in the negative:
7 Senator Walczyk.
8 Ayes, 56. Nays, 1.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 528, Senate Print 1200A, by Senator Parker, an
13 act to amend the Public Service Law.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 30th day after it
18 shall have become a law.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 528, voting in the negative:
4086
1 Senator Walczyk.
2 Ayes, 56. Nays, 1.
3 ACTING PRESIDENT PERSAUD: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 670, Senate Print 405, by Senator Parker, an act
7 to amend the Public Service Law.
8 SENATOR LANZA: Lay it aside.
9 ACTING PRESIDENT PERSAUD: Lay it
10 aside.
11 THE SECRETARY: Calendar Number
12 764, Assembly Print Number 2873A, by
13 Assemblymember Kelles, an act to amend the
14 Public Officers Law.
15 SENATOR SERRANO: Lay the bill
16 aside for the day.
17 ACTING PRESIDENT PERSAUD: The bill
18 will be laid aside for the day.
19 THE SECRETARY: Calendar Number
20 772, Senate Print 4349, by Senator Sepúlveda, an
21 act to amend the Real Property Tax Law.
22 ACTING PRESIDENT PERSAUD: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4087
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: Ayes, 57.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 775, Senate Print 5915, by Senator Gonzalez, an
11 act to amend the Executive Law.
12 ACTING PRESIDENT PERSAUD: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 90th day after it
16 shall have become a law.
17 ACTING PRESIDENT PERSAUD: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT PERSAUD: Senator
21 Gonzalez to explain her vote.
22 SENATOR GONZALEZ: Thank you,
23 Madam President.
24 I'm excited to speak in favor of
25 this legislation, as it is crucial in supporting
4088
1 survivors.
2 Economic abuse is a form of control
3 where victims do not have full access to their
4 own income, spending, or bank accounts. It isn't
5 limited to financial matters alone and can also
6 include denying necessities such as food,
7 clothing, transportation and/or technology. It
8 is the leading reason why victims stay or return
9 to their abusers.
10 According to the National Coalition
11 Against Domestic Violence, between 94 percent to
12 99 percent of domestic violence survivors have
13 experienced economic abuse. That's why this
14 spring New York City passed Intro 148-A, to
15 expand the definition of domestic violence to
16 include economic abuse. By changing this
17 definition, city-level protections and supportive
18 programs became available to survivors of
19 economic abuse. Yet the knowledge gap that
20 exists between survivors and those programs
21 serves as an additional barrier to accessing
22 them.
23 That's why I chose to carry this
24 bill, which builds upon the legislation by
25 ensuring that those who suffer from this form of
4089
1 abuse will have access to the information and
2 resources they need.
3 S5915 requires the Office of
4 Prevention of Domestic Violence to distribute
5 materials on economic abuse at temporary
6 shelters, local social services offices, police
7 departments, and childcare facilities. The
8 materials would include information on
9 identifying and preventing economic abuse, as
10 well as resources available to those experiencing
11 economic abuse.
12 It's critical as legislators that we
13 meet people where they're at, and to equip the
14 most vulnerable of us with the tools to overcome
15 violence. I'm proud to see our state take
16 another step in doing so, and therefore to
17 support survivors in all the ways that domestic
18 violence occurs.
19 I vote aye. Thank you.
20 ACTING PRESIDENT PERSAUD: Senator
21 Gonzalez to be recorded in the affirmative.
22 Announce the results.
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
4090
1 THE SECRETARY: Calendar Number
2 785, Senate Print 5164, by Senator Gallivan, an
3 act to amend the Not-For-Profit Corporation Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 2. 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: Ayes, 56. Nays, 1.
14 Senator Skoufis voting in the
15 negative.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 804, Senate Print 5850, by Senator Rhoads, an act
20 authorizing the Seaford Fire District to receive
21 retroactive real property tax exempt status.
22 ACTING PRESIDENT PERSAUD: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4091
1 ACTING PRESIDENT PERSAUD: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT PERSAUD: Announce
5 the results.
6 THE SECRETARY: Ayes, 56. Nays, 1.
7 Senator O'Mara voting in the
8 negative.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 809, Senate Print 5355, by Senator Brisport, an
13 act to amend the Education Law.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 5. 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: Ayes, 57.
24 ACTING PRESIDENT PERSAUD: The bill
25 is passed.
4092
1 THE SECRETARY: Calendar Number
2 810, Senate Print 5518, by Senator Brouk, an act
3 to amend the Education Law.
4 ACTING PRESIDENT PERSAUD: Read the
5 last section.
6 THE SECRETARY: Section 3. 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: Senator
12 Brouk to explain her vote.
13 SENATOR BROUK: Thank you,
14 Madam President.
15 And I want to thank my colleagues
16 and the leader for bringing this bill to a vote.
17 And I wanted to quickly explain so
18 we all understand what this piece of legislation
19 will do and why I'm so excited to vote aye,
20 obviously, and sponsor it.
21 And one of the reasons is because we
22 talk a lot about mental health and the challenges
23 that exist right now in New York State and in the
24 country, and really in the world right now.
25 And one of the top priorities I took
4093
1 on when I started as chair of the Mental Health
2 Committee was talking about this idea of cultural
3 competence, cultural humility, linguistic
4 competence. Because at the end of the day, when
5 you finally get the courage to go seek mental
6 health help and talk to a counselor or a
7 therapist or a psychologist, the last thing you
8 want to do is show up in a room with someone who
9 doesn't understand you, who doesn't see you, and
10 isn't able to help you.
11 And so what this bill will do is
12 actually make sure that there is diversity and
13 equity and inclusion training on an ongoing basis
14 for psychologists. And I really want to give
15 gratitude to our psychologists here in New York
16 State who actually asked for these types of
17 changes, because they see that they want to be
18 able to better serve the people that they serve,
19 whether they be clients or patients.
20 For that reason, I vote aye, and I
21 hope that this is another step in the direction
22 of making sure everyone gets the mental health
23 care that they need.
24 Thank you.
25 ACTING PRESIDENT PERSAUD: Senator
4094
1 Brouk to be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 810, voting in the negative:
5 Senator Walczyk.
6 Ayes, 56. Nays, 1.
7 ACTING PRESIDENT PERSAUD: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 835, Senate Print 2285, by Senator Cleare, an act
11 to direct the Empire State Development
12 Corporation to conduct a study on the feasibility
13 of a minority and women-owned business capacity
14 enterprise mentorship program.
15 ACTING PRESIDENT PERSAUD: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Senator
23 Cleare to explain her vote.
24 SENATOR CLEARE: Thank you,
25 Madam President.
4095
1 One of the keys to progression in
2 any profession is successful mentoring and
3 capacity building. This is certainly the case in
4 business, the skilled trades, and many other
5 industries, including our own robust MWBE
6 programs here in the state.
7 This legislation recognizes the
8 foregoing facts and acts on them by requiring
9 ESDC to conduct research regarding women- and
10 minority-owned business enterprise capacity
11 mentorship programs to help ensure their success.
12 Such research will include the need for MWBE
13 prequalification as well as the preparation of
14 these businesses for contract bidding in certain
15 agencies and industries.
16 Capacity mentorship programs within
17 different state agencies have proven to be
18 successful, and it is hoped that this bill will
19 help set them as a statewide standard.
20 Furthermore, this bill requires ESDC
21 to issue an initial comprehensive report of their
22 findings and suggested implementations, including
23 statutory changes, regulatory actions required by
24 agencies, a plan of action for implementation,
25 the extent to which minority- or women-owned
4096
1 business enterprise mentorship programs exist,
2 and the relative success of existing programs.
3 A second report, due 24 months from
4 the effective date of this act, will be required
5 to detail successful implementation actions and a
6 a plan for long-term success and stability.
7 New York State is best served when
8 our businesses can easily and seamlessly access
9 beneficial programs, and this bill moves our MWBE
10 program forward.
11 I proudly vote aye.
12 ACTING PRESIDENT PERSAUD: Senator
13 Cleare to be recorded in the affirmative.
14 Announce the results.
15 THE SECRETARY: Ayes, 57.
16 ACTING PRESIDENT PERSAUD: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 852, Senate Print 4890, by Senator Rivera, an act
20 to amend the Public Health Law.
21 ACTING PRESIDENT PERSAUD: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT PERSAUD: Call the
4097
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT PERSAUD: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar 852, those Senators voting in the
7 negative are Senators Ashby, Borrello,
8 Canzoneri-Fitzpatrick, Gallivan, Griffo, Lanza,
9 Martins, Mattera, Murray, Oberacker, O'Mara,
10 Ortt, Palumbo, Rhoads, Rolison, Skoufis, Stec,
11 Tedisco, Walczyk and Weber.
12 Ayes, 37. Nays, 20.
13 ACTING PRESIDENT PERSAUD: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 857, Assembly Print Number 3302, by
17 Assemblymember McDonald, an act to amend the
18 Public Health Law.
19 ACTING PRESIDENT PERSAUD: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT PERSAUD: Call the
24 roll.
25 (The Secretary called the roll.)
4098
1 ACTING PRESIDENT PERSAUD: Announce
2 the results.
3 THE SECRETARY: Ayes, 57.
4 ACTING PRESIDENT PERSAUD: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 874, Senate Print 1623, by Senator Comrie, an act
8 to amend the Public Service Law.
9 SENATOR SERRANO: Lay the bill
10 aside for the day.
11 ACTING PRESIDENT PERSAUD: The bill
12 will be laid aside for the day.
13 THE SECRETARY: Calendar Number
14 877, Senate Print 4882, by Senator Mayer, an act
15 to amend the Public Service Law.
16 ACTING PRESIDENT PERSAUD: Read the
17 last section.
18 THE SECRETARY: Section 8. 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: Announce
25 the results.
4099
1 THE SECRETARY: In relation to
2 Calendar 877, those Senators voting in the
3 negative are Senators Ashby, Borrello,
4 Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming,
5 Lanza, Martins, Mattera, Murray, Oberacker,
6 O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec,
7 Tedisco, Walczyk, Weber and Weik.
8 Ayes, 36. Nays, 21.
9 ACTING PRESIDENT PERSAUD: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 878, Senate Print 5130, by Senator Webb, an act
13 to amend the Public Service Law.
14 ACTING PRESIDENT PERSAUD: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 90th day after it
18 shall have become a law.
19 ACTING PRESIDENT PERSAUD: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT PERSAUD: Senator
23 Webb to explain her vote.
24 SENATOR WEBB: Thank you,
25 Madam President. I rise to explain my vote.
4100
1 This legislation amends the
2 Public Service Law to require electric, gas,
3 water, steam, telephone and municipal utilities
4 to provide notice to the property owner of any
5 scheduled service that might interfere with that
6 respective owner's ability to enjoy, use or have
7 access to their property.
8 The fundamental push with this bill
9 is simply about communication. Now, it is
10 important for residents to know when they're
11 going to experience some kind of minor
12 inconvenience or a brief service interruption as
13 pertains to when utility companies are doing
14 their work with regards to regular maintenance
15 and repairs.
16 Now, it also recognizes that these
17 repairs are necessary and ensures that the
18 utilities are able to continue to deliver access
19 to those respective utilities.
20 However, it is also reasonable for
21 utility customers to expect to receive a timely
22 notice before this occurs so they can properly
23 prepare accordingly.
24 This legislation requires utilities
25 to notify property owners between 30 days and
4101
1 five days in advance of any scheduled services.
2 The notice must be in writing or, when
3 appropriate, electronically, and must include the
4 details surrounding the work, including duration,
5 location, contact information for the utility,
6 and if any road closures or detours are required,
7 as well as necessary equipment.
8 I also want to point out that this
9 notice -- the notice requirements do not apply in
10 the case of work that's required following a
11 natural disaster or state of emergency situation.
12 I also want to point out that this
13 bill does not prohibit the service from
14 happening. It is just simply asking for
15 communication to be given to customers as it
16 pertains to anticipated work.
17 Again, I thank our Senate Majority
18 Leader and colleagues for allowing me to bring
19 this bill forward. It is important. And I would
20 like to say I'll be voting aye, and I encourage
21 my colleagues to also do the same.
22 Thank you.
23 ACTING PRESIDENT PERSAUD: Senator
24 Webb to be recorded in the affirmative.
25 Announce the results.
4102
1 THE SECRETARY: In relation to
2 Calendar Number 878, voting in the negative:
3 Senator Walczyk.
4 Ayes, 56. Nays, 1.
5 ACTING PRESIDENT PERSAUD: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 883, Senate Print 6557A, by Senator Mayer, an act
9 to amend the Public Service Law.
10 ACTING PRESIDENT PERSAUD: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect one year after it shall
14 have become a law.
15 ACTING PRESIDENT PERSAUD: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT PERSAUD: Announce
19 the results.
20 THE SECRETARY: In relation to
21 Calendar 883, those Senators voting in the
22 negative are Senators Ashby, Borrello, O'Mara,
23 Ortt, Palumbo, Tedisco, Weber and Weik.
24 Ayes, 49. Nays, 8.
25 ACTING PRESIDENT PERSAUD: The bill
4103
1 is passed.
2 THE SECRETARY: Calendar Number
3 884, Senate Print 6710, by Senator Skoufis, an
4 act to amend the Public Service Law.
5 ACTING PRESIDENT PERSAUD: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT PERSAUD: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT PERSAUD: Announce
13 the results.
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT PERSAUD: The bill
16 is passed.
17 Senator Serrano, that completes the
18 reading of today's calendar.
19 SENATOR SERRANO: Thank you.
20 Can we please go to the reading of
21 the controversial calendar.
22 ACTING PRESIDENT PERSAUD: The
23 Secretary will ring the bell.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
4104
1 670, Senate Print 405, by Senator Parker, an act
2 to amend the Public Service Law.
3 ACTING PRESIDENT PERSAUD: Senator
4 Martins, why do you rise?
5 SENATOR MARTINS: Madam President,
6 I was wondering if the sponsor would yield to a
7 few questions.
8 ACTING PRESIDENT PERSAUD: Will the
9 sponsor yield?
10 SENATOR PARKER: Yes,
11 Madam President, I'll yield.
12 ACTING PRESIDENT PERSAUD: The
13 sponsor yields.
14 SENATOR MARTINS: Why, thanks,
15 Senator Parker.
16 SENATOR PARKER: Anytime,
17 Senator Martins.
18 SENATOR MARTINS: Thank you.
19 SENATOR PARKER: Through you,
20 Madam President.
21 SENATOR MARTINS: So through you,
22 Madam President. Senator, would you agree that
23 the mission of the Public Service Commission is
24 to ensure affordable, safe, secure and reliable
25 access to electric and gas service in New York?
4105
1 SENATOR PARKER: Madam President,
2 through you. And I've been instructed to keep it
3 brief. I don't know if I would agree with that.
4 I don't know if I would agree with
5 that. That may be part of what their stated
6 mission is, but I'm not clear that they actually
7 do all the things that's needed to be done, which
8 is why we brought this legislation forward.
9 SENATOR MARTINS: Madam President,
10 through you, if the sponsor would continue to
11 yield.
12 ACTING PRESIDENT PERSAUD: Does the
13 sponsor yield?
14 SENATOR PARKER: I do,
15 Madam President.
16 ACTING PRESIDENT PERSAUD: The
17 sponsor yields.
18 SENATOR MARTINS: Madam President,
19 through you, if the sponsor would give us a sense
20 of the costs associated with this bill on an
21 annual basis, what the projection is, and the
22 basis for that projection.
23 SENATOR PARKER: Madam President,
24 there's actually no cost to the state or
25 taxpayers through this bill.
4106
1 SENATOR MARTINS: Madam President,
2 if the sponsor would continue to yield.
3 ACTING PRESIDENT PERSAUD: Does the
4 sponsor yield?
5 SENATOR PARKER: I do yield.
6 ACTING PRESIDENT PERSAUD: The
7 sponsor yields.
8 SENATOR MARTINS: Madam President,
9 I fully understand that the costs here are
10 associated with ratepayers, and it's ratepayers
11 who are going to pay for these costs.
12 I was just inquiring as to whether
13 or not a study has been done as to what this cost
14 would be to ratepayers -- that is, the ratepayers
15 of electrical and utility rates here in New York
16 State, which happen to be amongst the highest in
17 the country -- whether or not the sponsor has
18 those statistics as to what the cost would be,
19 and then we can go from there.
20 SENATOR PARKER: Madam President,
21 through you. This bill is -- let me say this.
22 Senator Martins is making the exact point for why
23 this bill is necessary, and I thank him. He is
24 absolutely right. People in New York State pay
25 too much for utility costs, which is why the
4107
1 package of bills that you saw today was directly
2 aimed at lowering those costs.
3 This bill in particular is actually
4 directed at the notion that utility companies go
5 to the PSC, they get rate cases, and the people
6 who are affected, the ratepayers, don't have
7 enough recourse. They don't have the ability to
8 come in with the studies and the legal
9 representation and the experts that the large
10 utilities have. And then utilities are granted
11 these very large rate cases, which raises rates,
12 literally raises rates. And it's done in
13 opposition and to the objection of ratepayers.
14 This is an attempt to begin to level
15 the playing field to provide resources from the
16 company that in fact allows them to in fact fight
17 the companies on these rate cases. And it can't
18 possibly raise the rates of those ratepayers,
19 because the only way that the utilities can raise
20 their rates is through the actual rate cases. So
21 if they don't get the rate cases, then you can't
22 even pass down these legal costs.
23 SENATOR MARTINS: Madam President,
24 through you, if the sponsor would continue to
25 yield.
4108
1 ACTING PRESIDENT PERSAUD: Does the
2 sponsor yield?
3 SENATOR PARKER: I do.
4 ACTING PRESIDENT PERSAUD: The
5 sponsor yields.
6 SENATOR MARTINS: Thank you,
7 Madam President. I was hoping that the sponsor
8 would actually be able to give us a number as to
9 a projected cost for this in terms of a
10 reimbursement at ratepayer expense for paying for
11 intervenors on an annual basis, and if they've
12 actually calculated what that projected cost may
13 be.
14 SENATOR PARKER: Through you, that
15 projected cost is a paltry two to three million
16 dollars. Which in the context of utility budgets
17 is a rounding error.
18 SENATOR MARTINS: And
19 Madam President, through you -- you know what,
20 Madam President, on the bill. On the bill.
21 And I thank the sponsor.
22 ACTING PRESIDENT PERSAUD: Senator
23 Martins on the bill.
24 SENATOR MARTINS: You know, I know
25 we -- it's a getaway day and we're going to keep
4109
1 it as short as possible. And I do appreciate the
2 sponsor's answering some questions.
3 But here's my concern. You know, we
4 all have an idea of what the purpose is of the
5 Public Service Commission. Some people may
6 actually believe, frankly as I do, that they do
7 actually stand as an independent voice for
8 ratepayers, for protecting things like safety,
9 reliability and cost when it comes to utilities
10 in New York State.
11 Here's what I'm concerned about,
12 Madam President. I'm concerned about the effort
13 of actually funding special interest groups.
14 Some people may call them lobbyists. People who
15 don't necessarily have the interest of keeping
16 rates low and reliable and safe, but actually may
17 have a different agenda. And having them
18 actually intervene in every case that they feel
19 is warranted at ratepayer expense. Right?
20 Right now they have to prioritize
21 which ones they want to get involved in. But if
22 you're going to set up a cottage industry that is
23 based on utilities and actually require our
24 ratepayers to fund them and their agenda, then
25 frankly I'd rather have our ratepayers hold onto
4110
1 their own money and have those lobbyists or
2 special interest groups promote themselves.
3 Now, if I had a guarantee here or
4 had any sense that this would be limited just to
5 ratepayers, to interested individuals directly,
6 then we'd probably be having a different
7 conversation. But it's not. The idea that
8 anyone thinks that this isn't going to be the
9 source of abuse and the opportunity for different
10 groups to actually use ratepayers as a piggy bank
11 to pay for their agenda, I think is naive.
12 We've seen that all too often here
13 where we have a well-intentioned policy that ends
14 up running off the rails and costing our
15 residents, whether they're as a taxpayer or as a
16 ratepayer, additional funds.
17 So although I understand the purpose
18 of the bill and I understand why the sponsor
19 wants it to give people a voice, I think
20 unfortunately, because of how broad it is and
21 how -- frankly, how it can be abused, it puts our
22 ratepayers actually at risk.
23 Madam President, we have -- we
24 already have, through government, through
25 New York State, whether it's through the
4111
1 Public Service Commission, whether it's because
2 of -- you know, we have special counsel for
3 ratepayer protection, we have the Attorney
4 General's office, we have the Utility
5 Intervention Unit at the Department of State. We
6 have groups that we already fund as a state in
7 order to provide a voice and an independent voice
8 for ratepayers when it comes to intervention with
9 the Public Service Commission.
10 We have the Public Service
11 Commission itself. The whole purpose of the
12 Public Service Commission is precisely to protect
13 ratepayers against large utilities, because it is
14 disproportionately affected and frankly affects
15 all of our ratepayers.
16 So I'll be voting no. Although,
17 again, I thank the sponsor for having frankly put
18 this bill forward. But I think it's too broad,
19 it's going to cost too much money and add to the
20 cost.
21 And frankly, folks, think about --
22 think about who's going to show up at these
23 meetings, and think about how much it's going to
24 cost all of our ratepayers, and then decide for
25 yourselves.
4112
1 I'll be voting no, Madam President.
2 ACTING PRESIDENT PERSAUD: Thank
3 you, Senator.
4 Are there any other Senators wishing
5 to be heard?
6 Seeing and hearing none, debate is
7 closed. The Secretary will ring the bell.
8 Read the last section.
9 Senator Serrano.
10 SENATOR SERRANO: Madam President,
11 upon consent, we will return this bill to the
12 noncontroversial calendar.
13 ACTING PRESIDENT PERSAUD: The bill
14 will be returned to the noncontroversial
15 calendar.
16 Read the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 30th day after it
19 shall have become a law.
20 ACTING PRESIDENT PERSAUD: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT PERSAUD: Senator
24 Parker to explain his vote.
25 SENATOR PARKER: Thank you,
4113
1 Madam President, to explain my vote.
2 Obviously I'm voting aye on this
3 really, really important bill. What we have seen
4 over the last couple of years is that energy
5 rates in the State of New York have gone through
6 the roof and have multiplied exponentially. And
7 trying to find ways to keep those rates under
8 control is paramount for my committee, as the
9 chair of the Energy and Telecommunications
10 Committee, and certainly should be paramount to
11 this body.
12 It is interesting to me that my
13 colleagues on the other side of the aisle who
14 beat the drum about how much things are going to
15 cost now allow utilities, who spend tens of
16 millions of dollars on legal fees to raise their
17 constituents' utility bills, don't want to spend
18 a couple of million dollars to allow those
19 constituents to be able to fight back and be able
20 to make sure these utility costs stay low.
21 I vote aye. I encourage all of my
22 colleagues, but particularly those who represent
23 low- and moderate-income New Yorkers across the
24 state, to stand up for those instead of standing
25 up for the big utilities.
4114
1 Thank you.
2 ACTING PRESIDENT PERSAUD: Senator
3 Parker to be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar 670, those Senators voting in the
7 negative are Senators Ashby, Borrello,
8 Canzoneri-Fitzpatrick, Gallivan, Helming, Lanza,
9 Martins, Mattera, Murray, O'Mara, Ortt, Palumbo,
10 Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.
11 Ayes, 41. Nays, 18.
12 ACTING PRESIDENT PERSAUD: The bill
13 is passed.
14 Senator Serrano, that completes the
15 reading of the controversial calendar.
16 SENATOR SERRANO: Thank you.
17 Is there any further business at the
18 desk?
19 ACTING PRESIDENT PERSAUD: There is
20 no further business at the desk.
21 SENATOR SERRANO: I move to adjourn
22 until Monday, May 22nd, at 3:00 p.m., with the
23 intervening days being legislative days.
24 ACTING PRESIDENT PERSAUD: On
25 motion, the Senate stands adjourned until Monday,
4115
1 May 22nd, at 3:00 p.m., with the intervening days
2 being legislative days.
3 (Whereupon, at 12:53 p.m., the
4 Senate adjourned.)
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