1711
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 MARCH 21, 2024
11 11:30 A.M.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JEREMY A. COONEY, ACTING PRESIDENT
19 ALEJANDRA N. PAULINO, ESQ., SECRETARY
20
21
22
23
24
25
1712
1 P R O C E E D I N G S
2 ACTING PRESIDENT COONEY: THE
3 SENATE WILL COME TO ORDER.
4 I ASK EVERYONE TO PLEASE RISE AND
5 RECITE THE PLEDGE OF ALLEGIANCE.
6 (WHEREUPON, THE ASSEMBLAGE RECITED
7 THE PLEDGE OF ALLEGIANCE TO THE FLAG.)
8 ACTING PRESIDENT COONEY: 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 COONEY: READING
14 OF THE JOURNAL.
15 THE SECRETARY: IN SENATE,
16 WEDNESDAY, MARCH 20, 2024, THE SENATE MET
17 PURSUANT TO ADJOURNMENT. THE JOURNAL OF TUESDAY,
18 MARCH 19, 2024, WAS READ AND APPROVED. ON
19 MOTION, THE SENATE ADJOURNED.
20 ACTING PRESIDENT COONEY: WITHOUT
21 OBJECTION, THE JOURNAL STANDS APPROVED AS READ.
22 PRESENTATION OF PETITIONS.
23 MESSAGES FROM THE ASSEMBLY.
24 MESSAGES FROM THE GOVERNOR.
25 REPORTS OF STANDING COMMITTEES.
1713
1 REPORTS OF SELECT COMMITTEES.
2 COMMUNICATIONS AND REPORTS FROM
3 STATE OFFICERS.
4 MOTIONS AND RESOLUTIONS.
5 SENATOR GIANARIS.
6 SENATOR GIANARIS: GOOD MORNING,
7 MR. PRESIDENT.
8 ON BEHALF OF SENATOR COMRIE, ON
9 PAGE 9 I OFFER THE FOLLOWING AMENDMENTS TO
10 CALENDAR 125, SENATE PRINT 5597A, AND ASK THAT
11 SAID BILL RETAIN ITS PLACE ON THE THIRD READING
12 CALENDAR.
13 ACTING PRESIDENT COONEY: THE
14 AMENDMENTS ARE RECEIVED, AND THE BILL WILL RETAIN
15 ITS PLACE ON THE THIRD READING CALENDAR.
16 SENATOR GIANARIS.
17 SENATOR GIANARIS: PLEASE TAKE UP
18 THE CALENDAR AT THIS TIME.
19 ACTING PRESIDENT COONEY: THE
20 SECRETARY WILL READ.
21 THE SECRETARY: CALENDAR NUMBER 86,
22 SENATE PRINT 2862, BY SENATOR MARTINEZ, AN ACT TO
23 AMEND THE REAL PROPERTY TAX LAW.
24 ACTING PRESIDENT COONEY: READ THE
25 LAST SECTION.
1714
1 THE SECRETARY: SECTION 2. THIS
2 ACT SHALL TAKE EFFECT IMMEDIATELY.
3 ACTING PRESIDENT COONEY: CALL THE
4 ROLL.
5 (THE SECRETARY CALLED THE ROLL.)
6 ACTING PRESIDENT COONEY: ANNOUNCE
7 THE RESULTS.
8 THE SECRETARY: AYES, 52.
9 ACTING PRESIDENT COONEY: THE BILL
10 IS PASSED.
11 THE SECRETARY: CALENDAR NUMBER 93,
12 SENATE PRINT 2796, BY SENATOR BRESLIN, AN ACT TO
13 AMEND THE INSURANCE LAW.
14 ACTING PRESIDENT COONEY: READ THE
15 LAST SECTION.
16 THE SECRETARY: SECTION 2. THIS
17 ACT SHALL TAKE EFFECT IMMEDIATELY.
18 ACTING PRESIDENT COONEY: CALL THE
19 ROLL.
20 (THE SECRETARY CALLED THE ROLL.)
21 ACTING PRESIDENT COONEY: ANNOUNCE
22 THE RESULTS.
23 THE SECRETARY: AYES, 52.
24 ACTING PRESIDENT COONEY: THE BILL
25 IS PASSED.
1715
1 THE SECRETARY: CALENDAR NUMBER
2 143, SENATE PRINT 6007A, BY SENATOR PARKER, AN
3 ACT TO AMEND THE CIVIL PRACTICE LAW AND RULES.
4 ACTING PRESIDENT COONEY: READ THE
5 LAST SECTION.
6 THE SECRETARY: SECTION 2. THIS
7 ACT SHALL TAKE EFFECT IMMEDIATELY.
8 ACTING PRESIDENT COONEY: CALL THE
9 ROLL.
10 (THE SECRETARY CALLED THE ROLL.)
11 ACTING PRESIDENT COONEY: ANNOUNCE
12 THE RESULTS.
13 THE SECRETARY: IN RELATION TO
14 CALENDAR 143, THOSE SENATORS VOTING IN THE
15 NEGATIVE ARE SENATORS BORRELLO, GRIFFO, HELMING,
16 OBERACKER, O'MARA, ORTT, STEC, TEDISCO AND WEIK.
17 AYES, 43. NAYS, 9.
18 ACTING PRESIDENT COONEY: THE BILL
19 IS PASSED.
20 THE SECRETARY: CALENDAR NUMBER
21 231, SENATE PRINT 1396, BY SENATOR LIU, AN ACT TO
22 AMEND THE EDUCATION LAW.
23 ACTING PRESIDENT COONEY: READ THE
24 LAST SECTION.
25 THE SECRETARY: SECTION 2. THIS
1716
1 ACT SHALL TAKE EFFECT ON THE 90TH DAY AFTER IT
2 SHALL HAVE BECOME A LAW.
3 ACTING PRESIDENT COONEY: CALL THE
4 ROLL.
5 (THE SECRETARY CALLED THE ROLL.)
6 ACTING PRESIDENT COONEY: ANNOUNCE
7 THE RESULTS.
8 THE SECRETARY: AYES, 52.
9 ACTING PRESIDENT COONEY: THE BILL
10 IS PASSED.
11 THE SECRETARY: CALENDAR NUMBER
12 340, SENATE PRINT 2510A, BY SENATOR RAMOS, AN ACT
13 TO AMEND THE ENVIRONMENTAL CONSERVATION LAW.
14 SENATOR LANZA: LAY IT ASIDE.
15 ACTING PRESIDENT COONEY: THE BILL
16 IS LAID ASIDE.
17 THE SECRETARY: CALENDAR NUMBER
18 399, SENATE PRINT 6745, BY SENATOR SKOUFIS, AN
19 ACT TO AMEND THE EXECUTIVE LAW.
20 ACTING PRESIDENT COONEY: READ THE
21 LAST SECTION.
22 THE SECRETARY: SECTION 2. THIS
23 ACT SHALL TAKE EFFECT IMMEDIATELY.
24 ACTING PRESIDENT COONEY: CALL THE
25 ROLL.
1717
1 (THE SECRETARY CALLED THE ROLL.)
2 ACTING PRESIDENT COONEY: ANNOUNCE
3 THE RESULTS.
4 THE SECRETARY: AYES, 52.
5 ACTING PRESIDENT COONEY: THE BILL
6 IS PASSED.
7 THE SECRETARY: CALENDAR NUMBER
8 492, SENATE PRINT 1870A, BY SENATOR CLEARE, AN
9 ACT TO AMEND THE PUBLIC HOUSING LAW.
10 SENATOR LANZA: LAY IT ASIDE.
11 ACTING PRESIDENT COONEY: THE BILL
12 IS LAID ASIDE.
13 THE SECRETARY: CALENDAR NUMBER
14 604, SENATE PRINT 2472, BY SENATOR CLEARE, AN ACT
15 TO AMEND THE PUBLIC HEALTH LAW.
16 ACTING PRESIDENT COONEY: READ THE
17 LAST SECTION.
18 THE SECRETARY: SECTION 3. THIS
19 ACT SHALL TAKE EFFECT ONE YEAR AFTER IT SHALL
20 HAVE BECOME A LAW.
21 ACTING PRESIDENT COONEY: CALL THE
22 ROLL.
23 (THE SECRETARY CALLED THE ROLL.)
24 ACTING PRESIDENT COONEY: ANNOUNCE
25 THE RESULTS.
1718
1 THE SECRETARY: AYES, 52.
2 ACTING PRESIDENT COONEY: THE BILL
3 IS PASSED.
4 THE SECRETARY: CALENDAR NUMBER
5 606, SENATE PRINT 1296, BY SENATOR SANDERS, AN
6 ACT TO AMEND THE ELDER LAW.
7 ACTING PRESIDENT COONEY: READ THE
8 LAST SECTION.
9 THE SECRETARY: SECTION 2. THIS
10 ACT SHALL TAKE EFFECT IMMEDIATELY.
11 ACTING PRESIDENT COONEY: CALL THE
12 ROLL.
13 (THE SECRETARY CALLED THE ROLL.)
14 ACTING PRESIDENT COONEY: ANNOUNCE
15 THE RESULTS.
16 THE SECRETARY: AYES, 52.
17 ACTING PRESIDENT COONEY: THE BILL
18 IS PASSED.
19 THE SECRETARY: CALENDAR NUMBER
20 609, SENATE PRINT 6095, BY SENATOR CLEARE, AN ACT
21 TO AMEND THE REAL PROPERTY TAX LAW.
22 ACTING PRESIDENT COONEY: READ THE
23 LAST SECTION.
24 THE SECRETARY: SECTION 2. THIS
25 ACT SHALL TAKE EFFECT IMMEDIATELY.
1719
1 ACTING PRESIDENT COONEY: CALL THE
2 ROLL.
3 (THE SECRETARY CALLED THE ROLL.)
4 ACTING PRESIDENT COONEY: ANNOUNCE
5 THE RESULTS.
6 THE SECRETARY: AYES, 52.
7 ACTING PRESIDENT COONEY: THE BILL
8 IS PASSED.
9 SENATOR GIANARIS, THIS COMPLETES
10 READING OF TODAY'S CALENDAR.
11 SENATOR GIANARIS: LET'S MOVE ON TO
12 THE CONTROVERSIAL CALENDAR, PLEASE.
13 ACTING PRESIDENT COONEY: THE
14 SECRETARY WILL RING THE BELL.
15 THE SECRETARY WILL READ.
16 THE SECRETARY: CALENDAR NUMBER
17 340, SENATE PRINT 2510A, BY SENATOR RAMOS, AN ACT
18 TO AMEND THE ENVIRONMENTAL CONSERVATION LAW.
19 ACTING PRESIDENT COONEY: SENATOR
20 LANZA, WHY DO YOU RISE?
21 SENATOR LANZA: MR. PRESIDENT, I
22 BELIEVE THERE'S AN AMENDMENT AT THE DESK. I
23 WAIVE THE READING OF THAT AMENDMENT AND ASK THAT
24 YOU RECOGNIZE SENATOR RHOADS.
25 ACTING PRESIDENT COONEY: THANK
1720
1 YOU, SENATOR LANZA.
2 UPON REVIEW OF THE AMENDMENT, IN
3 ACCORDANCE WITH RULE 6, SECTION 4B, I RULE IT
4 NONGERMANE AND OUT OF ORDER AT THIS TIME.
5 SENATOR LANZA: ACCORDINGLY,
6 MR. PRESIDENT, I APPEAL THE RULING OF THE CHAIR
7 AND ASK THAT SENATOR RHOADS BE HEARD ON THAT
8 APPEAL.
9 ACTING PRESIDENT COONEY: THE
10 APPEAL HAS BEEN MADE AND RECOGNIZED. SENATOR
11 RHOADS MAY BE HEARD.
12 SENATOR RHOADS: MR. PRESIDENT,
13 THANK YOU SO MUCH. I RISE TO APPEAL THE RULING
14 OF THE CHAIR.
15 THE PROPOSED AMENDMENT IS GERMANE TO
16 THE BILL AT HAND BECAUSE THE BILL AT HAND DEALS
17 WITH ENVIRONMENTAL JUSTICE, AND THE TOPIC OF THE
18 HOSTILE, THE TOPIC OF THE PROPOSED AMENDMENT
19 DEALS WITH ENVIRONMENTAL JUSTICE AND A PROGRAM
20 THAT IS -- THAT PURPORTS ITSELF TO BE ABOUT
21 ENVIRONMENTAL JUSTICE.
22 THE CONGESTION PRICING PLAN IS BEING
23 MESSAGED AS A WAY TO FIGHT FOR -- FIGHT
24 ENVIRONMENTAL INJUSTICE ON LOW-INCOME RESIDENTS
25 OF MANHATTAN BY REDUCING THE NUMBER OF CARS THAT
1721
1 ARE COMING INTO THE CITY.
2 HOWEVER, THEIR OFFICIAL BUDGET
3 PREDICTIONS INDICATE THAT THE ACTUAL NUMBER OF
4 VEHICLES WILL STAY THE SAME, IF NOT INCREASE, AS
5 A RESULT OF THE CONGESTION PRICING PLAN. AS WE
6 DISCUSSED ON THE CHAMBER FLOOR YESTERDAY, THIS
7 PLAN IS NOTHING MORE THAN A MONEY GRAB WITH A
8 FACADE OF ENVIRONMENTAL JUSTICE.
9 THERE ARE SERIOUS RESERVATIONS BY
10 THE PEOPLE OF THE STATE OF NEW YORK, ESPECIALLY
11 THOSE IN THE MTA CONGESTION PRICING AREA. THIS
12 IS IMPACTING ENTIRE COMMUNITIES, AND THERE WILL
13 BE SIGNIFICANT REPERCUSSIONS DOWN THE LINE. AND
14 ELECTED OFFICIALS SHOULD HAVE A SAY. THIS SHOULD
15 NOT BE LEFT UP TO AN UNELECTED BOARD. THERE MUST
16 BE ACCOUNTABILITY.
17 AND THE AMENDMENT THAT I AM
18 PROPOSING IS ACTUALLY THE SAME AS SENATE BILL
19 5934/ASSEMBLY BILL 3063A, WHICH WOULD ACTUALLY
20 FORCE THE ISSUE OF TOLLING TO COME BACK TO THE
21 LEGISLATURE TO ACTUALLY APPROVE ANY RECOMMENDED
22 TOLL AMOUNT THAT IS ESTABLISHED BY THE MTA.
23 THE MTA BOARD HAS HISTORICALLY BEEN
24 NOTHING MORE -- NOT A WATCHDOG FOR CONSUMERS, NOT
25 A WATCHDOG FOR COMMUTERS, BUT HAS BEEN NOTHING
1722
1 MORE THAN A LAPDOG FOR THE GOVERNOR AND A LAPDOG
2 FOR THE RADICAL POLICIES THAT ARE OFTEN PASSED BY
3 THIS CHAMBER. AND THIS IS A PERFECT EXAMPLE FOR
4 THAT.
5 IF WE WANT TO ESTABLISH CONGESTION
6 PRICING, THE PEOPLE WHO SEND US TO THIS CHAMBER
7 HAVE THE RIGHT TO EXPECT THAT WE WILL OWN IT WHEN
8 THESE TOLLS ARE ESTABLISHED. TURNING IT OVER TO
9 AN UNELECTED BOARD, TURNING IT OVER TO RANDOM
10 PEOPLE WHO MOST OF THE PUBLIC WILL NEVER HAVE THE
11 OPPORTUNITY TO MEET -- INSTEAD OF TAKING
12 RESPONSIBILITY FOR A POLICY THAT THIS CHAMBER
13 CREATED TO ACTUALLY ESTABLISH THOSE TOLLS -- IS
14 SHIRKING OUR RESPONSIBILITY. AND THIS AMENDMENT
15 WILL PLACE THE RESPONSIBILITY BACK WHERE IT LIES:
16 THE VERY PEOPLE IN THIS CHAMBER.
17 NOW, THE MTA IS $48 BILLION IN DEBT.
18 AND THIS PLAN IS EXPECTED TO GENERATE $1 BILLION.
19 THIS REVENUE IS ALREADY EARMARKED FOR THE MTA
20 CAPITAL PROGRAM, WHICH CURRENTLY ALREADY HAS A
21 FUNDING SHORTFALL OF 3 BILLION. SO IF THE IDEA
22 BEHIND CONGESTION PRICING WAS ABOUT MONEY, WHICH
23 IT WAS, THE AMOUNT OF MONEY IS JUST A DROP IN THE
24 BUCKET IN COMPARISON TO WHAT THE NEEDS OF THE MTA
25 ACTUALLY ARE. WHICH IS WHY I STOOD ON THE FLOOR
1723
1 YESTERDAY REFERRING TO THE MTA AS "MONEY THROWN
2 AWAY."
3 FORTY-EIGHT BILLION DOLLARS IN DEBT,
4 A 3 BILLION CAPITAL FUNDING SHORTFALL, AND WE ARE
5 JUST TRYING TO THROW MORE AND MORE MONEY INTO THE
6 PIT IN THE HOPES THAT SOMEHOW WE WILL FILL THE
7 GAPING HOLE. IT IS QUICKSAND. NO MATTER HOW
8 MUCH MONEY YOU THROW IN, UNLESS WE FIGURE OUT
9 WHERE THAT MONEY IS GOING, THROUGH A FORENSIC
10 AUDIT, IT WILL NEVER HAPPEN.
11 AND ON TOP OF THE SPENDING
12 DEFICIENCY, NONE OF THE MONEY GOES TOWARDS
13 LOWERING PUBLIC TRANSPORTATION COSTS, THE VERY
14 USAGE IT ALLEGEDLY SEEKS TO ENCOURAGE. IN FACT,
15 WE RAISED FARES ON PUBLIC TRANSIT, MAKING IT LESS
16 AFFORDABLE FOR PEOPLE TO USE THE ALTERNATIVE THAT
17 WE'RE SUPPOSEDLY TRYING TO FORCE THEM INTO.
18 ADDITIONALLY, THE DIVERSION OF
19 TRAFFIC WILL ONLY CREATE MORE SMOG FOR
20 COMMUNITIES WHO HAVE BEEN SO IMPACTED BY
21 POLLUTION CAUSED BY CONGESTION.
22 THERE IS NO PLAN TO ASSIST OR EXEMPT
23 FIRST RESPONDERS OR OTHER ESSENTIAL WORKERS WITH
24 CONGESTION PRICING, DESPITE THEIR IRREGULAR HOURS
25 AND IMMINENT NEED IN THE CITY. SMALL TRUCKS
1724
1 OPERATING IN THE CONGESTION PRICING ZONE ARE
2 CHARGED $24, AND LARGE TRUCKS WILL BE CHARGED
3 $36, AND THE LEGISLATURE HAS HAD NO ROLE IN
4 ESTABLISHING THE AMOUNT OF THOSE TOLLS -- AGAIN,
5 DONE BY UNELECTED BUREAUCRATS.
6 AND AS NEW YORK CITY RESIDENTS ARE
7 ALREADY DEALING WITH INFLATED FOOD COSTS, THIS
8 NEW PLAN WILL ONLY INCREASE THE BURDEN ON
9 WORKING-CLASS CITIZENS BOTH INSIDE THE CITY AS
10 WELL AS THOSE WHO ARE COMMUTING INTO THE CITY FOR
11 WORK, FOR ENTERTAINMENT, AS WELL AS FOR DOCTOR'S
12 APPOINTMENTS AND A HOST OF OTHER REASONS.
13 FURTHERMORE, THIS UNELECTED BOARD
14 HAS DONE NOTHING TO SAFEGUARD THE PRIVATE
15 PERSONAL DATA OF NEW YORKERS WHO ARE BEING FORCED
16 TO ENGAGE IN THIS THEFT BY TAXATION THAT THE MTA
17 HAS PROPOSED.
18 THIS BILL -- THIS AMENDMENT WOULD
19 REQUIRE THAT THE MTA COME BACK TO US WITH A PLAN
20 TO PROTECT THEIR PRIVACY.
21 THE MTA HASN'T ADDRESSED THEIR
22 LOSSES OR THEIR INABILITY TO STOP FARE EVASION,
23 AND THIS CHAMBER HAS DONE NOTHING TO HOLD
24 FARE-BEATERS ACCOUNTABLE, RESULTING IN A
25 $700 MILLION LOSS FOR THE MTA. INSTEAD OF TAXING
1725
1 WORKING PEOPLE, THE MTA SHOULD BE FOCUSED ON
2 RECOUPING THE MONEY THAT IS ALREADY BEING STOLEN
3 FROM TAXPAYERS. AND YET IN OUR SENATE ONE-HOUSE,
4 WE ACTUALLY REMOVED ONE OF THE PROPOSALS THAT
5 WOULD HAVE DONE JUST THAT.
6 THE AMENDMENT THAT I HAVE BROUGHT
7 TODAY WILL ENSURE THAT NO DECISIONS ARE MADE
8 ABOUT CONGESTION PRICING WITHOUT THE APPROVAL OF
9 THIS BODY, AND THE CITIZENS THAT THIS BILL HAS
10 AFFECTED WILL HAVE NO CONCERNS ABOUT THEIR
11 PRIVATE DATA BEING STOLEN. IT IS OUR
12 RESPONSIBILITY, AND WE SHOULD OWN UP TO IT.
13 MR. PRESIDENT, FOR THESE REASONS, I
14 STRONGLY URGE YOU TO RECONSIDER YOUR RULING. AND
15 IF NOT, I ENCOURAGE MY COLLEAGUES TO OVERTURN
16 THAT RULING.
17 THANK YOU, MR. PRESIDENT.
18 ACTING PRESIDENT COONEY: THANK
19 YOU, SENATOR RHOADS.
20 I WANT TO REMIND THE HOUSE THAT THE
21 VOTE IS ON THE PROCEDURES OF THE HOUSE AND THE
22 RULING OF THE CHAIR.
23 THOSE IN FAVOR OF OVERRULING THE
24 CHAIR, SIGNIFY BY SAYING AYE.
25 (RESPONSE OF "AYE.")
1726
1 SENATOR LANZA: SHOW OF HANDS.
2 ACTING PRESIDENT COONEY: A SHOW OF
3 HANDS HAS BEEN REQUESTED AND SO ORDERED.
4 ANNOUNCE THE RESULTS.
5 THE SECRETARY: AYES, 19.
6 ACTING PRESIDENT COONEY: THE
7 RULING OF THE CHAIR STANDS, AND THE BILL-IN-CHIEF
8 IS NOW BEFORE THE HOUSE.
9 SENATOR CANZONERI-FITZPATRICK.
10 SENATOR CANZONERI-FITZPATRICK:
11 THANK YOU, MR. PRESIDENT. I WAS WONDERING IF THE
12 SPONSOR WOULD YIELD FOR A FEW QUESTIONS.
13 ACTING PRESIDENT COONEY: DOES THE
14 SPONSOR YIELD?
15 SENATOR RAMOS: I DO.
16 ACTING PRESIDENT COONEY: THE
17 SPONSOR YIELDS.
18 SENATOR CANZONERI-FITZPATRICK:
19 THANK YOU, SENATOR RAMOS.
20 MY UNDERSTANDING OF THIS BILL IS
21 THAT COMMUNITIES THAT ARE LABELED AS
22 DISADVANTAGED PURSUANT TO SECTION 75-011 WOULD
23 HAVE TO SUBMIT -- WOULD BE ABLE TO SUBMIT AN
24 ENHANCED PUBLIC PARTICIPATION PLAN. AND I AM
25 FULLY IN FAVOR OF LOCAL INPUT WHEN WE HAVE
1727
1 PROJECTS THAT AFFECT OUR COMMUNITIES.
2 AND SPECIFICALLY ON THIS LIST OF
3 DISADVANTAGED COMMUNITIES, VALLEY STREAM, INWOOD,
4 OCEANSIDE AND LONG BEACH ARE ALL IN MY 9TH SENATE
5 DISTRICT.
6 SO MY QUESTION FOR YOU IS, IS THIS
7 LIST SET? DOES THIS LIST CHANGE? AND HOW DO WE
8 DETERMINE WHO'S A DISADVANTAGED COMMUNITY?
9 SENATOR RAMOS: THROUGH YOU,
10 MR. PRESIDENT, I ACTUALLY WANT TO START BY
11 THANKING THE SENATOR FOR VOTING FOR THIS BILL
12 LAST YEAR. IN FACT, THIS BILL HAS PASSED
13 UNANIMOUSLY FOR THE PAST THREE YEARS.
14 BUT I WELCOME THE QUESTION. AND
15 IT'S CLEAR THAT THE -- THROUGH THE CLCPA, THE
16 CLIMATE WORKING GROUP, THE CLIMATE JUSTICE
17 WORKING GROUP WOULD BE ABLE TO DETERMINE WHAT
18 TOWNS, VILLAGES, MUNICIPALITIES ARE ADDED TO THIS
19 LIST OVER TIME.
20 SENATOR CANZONERI-FITZPATRICK:
21 THROUGH YOU, MR. PRESIDENT, WILL THE SPONSOR
22 CONTINUE TO YIELD.
23 ACTING PRESIDENT COONEY: WILL THE
24 SPONSOR YIELD?
25 SENATOR RAMOS: YES.
1728
1 ACTING PRESIDENT COONEY: THE
2 SPONSOR YIELDS.
3 SENATOR CANZONERI-FITZPATRICK:
4 YES, SENATOR RAMOS, AS YOU'VE STATED I AM FULLY
5 IN SUPPORT OF THIS LEGISLATION. THESE QUESTIONS
6 ARE JUST TRYING TO ALLOW ME TO UNDERSTAND IT
7 BETTER. BECAUSE ONE OF MY COMMUNITIES --
8 ELMONT -- I BELIEVE SHOULD BE CONSIDERED A
9 DISADVANTAGED COMMUNITY IS NOT ON THIS LIST.
10 AND THAT'S WHY I'M WONDERING HOW THE
11 LIST IS DETERMINED, AND DOES IT CHANGE?
12 SENATOR RAMOS: THROUGH YOU,
13 MR. PRESIDENT, AS I STATED IN THE PREVIOUS
14 ANSWER, THE LIST DOES CHANGE. THE CLIMATE
15 JUSTICE WORKING GROUP ACTUALLY DETERMINES, BASED
16 ON EXISTING CRITERIA, WHAT AREAS WILL BE ADDED
17 ON TO THE LIST.
18 SENATOR CANZONERI-FITZPATRICK:
19 THROUGH YOU, MR. PRESIDENT, WILL THE SPONSOR
20 CONTINUE TO YIELD.
21 ACTING PRESIDENT COONEY: WILL THE
22 SPONSOR YIELD?
23 SENATOR RAMOS: YES.
24 ACTING PRESIDENT COONEY: THE
25 SPONSOR YIELDS .
1729
1 SENATOR CANZONERI-FITZPATRICK: SO
2 THE OTHER THING THAT I'M TRYING TO GET CLARITY ON
3 IS WHAT WOULD BE CONSIDERED A MAJOR PROJECT FOR
4 WHICH THIS LEGISLATION WOULD APPLY. BECAUSE MY
5 UNDERSTANDING IS THAT A MAJOR PROJECT IS DEFINED
6 AS NOT BEING A MINOR PROJECT.
7 AND THEREFORE I WOULD JUST LIKE TO
8 HAVE A LITTLE CLARITY OR MAYBE SOME EXAMPLES OF
9 WHAT WOULD BE CONSIDERED A MINOR PROJECT AND
10 WHAT'S CONSIDERED A MAJOR PROJECT.
11 SENATOR RAMOS: (PAUSE.) SO
12 BASICALLY I'M LEARNING THAT THE DIFFERENCE
13 BETWEEN MINOR AND MAJOR PROJECTS REALLY IS ABOUT
14 THE OVERALL IMPACT ON THE ENVIRONMENT OF THAT
15 COMMUNITY, WHETHER THERE'S THE POTENTIAL FOR
16 INCREASED AIR OR WATER POLLUTION AND THE LIKE.
17 SENATOR CANZONERI-FITZPATRICK:
18 THROUGH YOU, MR. PRESIDENT, WILL THE SPONSOR
19 CONTINUE TO YIELD?
20 ACTING PRESIDENT COONEY: WILL THE
21 SPONSOR YIELD?
22 SENATOR RAMOS: YES.
23 ACTING PRESIDENT COONEY: THE
24 SPONSOR YIELDS.
25 SENATOR CANZONERI-FITZPATRICK: SO
1730
1 WHO WOULD MAKE THE DETERMINATION THAT A PROJECT
2 IS MAJOR AND THEREFORE THIS LEGISLATION APPLIES?
3 SENATOR RAMOS: IT WOULD BE THE
4 DEC.
5 SENATOR CANZONERI-FITZPATRICK:
6 THROUGH YOU, MR. PRESIDENT, WILL THE SPONSOR
7 CONTINUE TO YIELD.
8 ACTING PRESIDENT COONEY: WILL THE
9 SPONSOR YIELD?
10 SENATOR RAMOS: YES.
11 ACTING PRESIDENT COONEY: THE
12 SPONSOR YIELDS.
13 SENATOR CANZONERI-FITZPATRICK: SO
14 ONE OF MY OTHER QUESTIONS STATES -- IS RELATED TO
15 ADJACENT PROPERTIES. SO MY UNDERSTANDING IS THAT
16 PROPERTIES THAT ARE DISADVANTAGED ARE CERTAINLY
17 ABLE TO PUT IN THIS PLAN, BUT THEN ALSO
18 COMMUNITIES THAT ARE WITHIN A MILE WOULD ALSO
19 POTENTIALLY BE ABLE TO WEIGH IN. IS THAT
20 CORRECT?
21 SENATOR RAMOS: THROUGH YOU,
22 MR. PRESIDENT. ON TWO INSTANCES I'VE HEARD THE
23 SENATOR DESCRIBE THE COMMUNITY PUTTING TOGETHER
24 THE PLAN. THE COMMUNITY DOES NOT PUT TOGETHER
25 THE PLAN. IT'S THE BIDDER WHO PUTS TOGETHER WHAT
1731
1 THEY EXPECT THE COMMUNITY ENGAGEMENT PLAN TO BE
2 THAT THEY WOULD HAVE TO SUBMIT WITH THEIR
3 APPLICATION TO THE DEC.
4 SENATOR CANZONERI-FITZPATRICK:
5 THROUGH YOU, MR. PRESIDENT, WILL THE SPONSOR
6 CONTINUE TO YIELD.
7 ACTING PRESIDENT COONEY: WILL THE
8 SPONSOR YIELD?
9 SENATOR RAMOS: YES.
10 ACTING PRESIDENT COONEY: THE
11 SPONSOR YIELDS.
12 SENATOR CANZONERI-FITZPATRICK:
13 THANK YOU FOR THAT CLARIFICATION. YES, I
14 MISSPOKE.
15 BUT I WONDER WHAT OTHER COMMUNITIES
16 WOULD BE ENGAGED BY A DEVELOPER FOR BEING IN THE
17 LOCAL COMMUNITY WITHIN A MILE.
18 SENATOR RAMOS: THROUGH YOU,
19 MR. PRESIDENT. ACCORDING TO THE BILL THAT WE'RE
20 DEBATING, IT'S REALLY ABOUT A ONE-MILE RADIUS
21 FROM THE AREA IMPACTED BY THE BID FOR THE
22 PROJECT.
23 BUT PERHAPS I CAN GET A LITTLE MORE
24 CLARITY ON THE SENATOR'S QUESTION. IT'S ALL LAID
25 OUT IN THE BILL IN TERMS OF WHAT THAT PROCESS
1732
1 WOULD LOOK LIKE.
2 SENATOR CANZONERI-FITZPATRICK:
3 THROUGH YOU, MR. PRESIDENT, WILL THE SPONSOR
4 CONTINUE TO YIELD.
5 ACTING PRESIDENT COONEY: WILL THE
6 SPONSOR YIELD?
7 SENATOR RAMOS: YEAH.
8 ACTING PRESIDENT COONEY: THE
9 SPONSOR YIELDS.
10 SENATOR CANZONERI-FITZPATRICK: SO
11 ONE OF THE PROJECTS THAT IS POTENTIALLY WITHIN
12 THIS STATUTE, WHICH I'D LIKE A LITTLE CLARITY ON,
13 IS WOULD OFFSHORE WIND DEVELOPMENT THAT HAS
14 TRANSMISSION LINES BE CONSIDERED A MAJOR PROJECT
15 WITHIN THE SCOPE OF THIS LEGISLATION?
16 SENATOR RAMOS: YES.
17 SENATOR CANZONERI-FITZPATRICK:
18 THROUGH YOU, MR. PRESIDENT, WILL THE SPONSOR
19 CONTINUE TO YIELD.
20 ACTING PRESIDENT COONEY: WILL THE
21 SPONSOR YIELD?
22 SENATOR RAMOS: YES.
23 ACTING PRESIDENT COONEY: THE
24 SPONSOR YIELDS.
25 SENATOR CANZONERI-FITZPATRICK: SO
1733
1 DETERMINING WHICH COMMUNITIES WILL BE ENGAGED,
2 THE POTENTIAL WOULD BE THAT THE OFFSHORE TURBINES
3 WOULD BE 12 TO 14 MILES OFFSHORE, WE MIGHT HAVE
4 TRANSMISSION LINES THAT RUN THROUGH LAND, AND
5 THEN WE MIGHT ALSO HAVE SUBSTATIONS.
6 SO MY QUESTION IS, ARE THE
7 TRANSMISSION LINES, ARE THE SUBSTATIONS, ARE THEY
8 ALSO CONSIDERED A MAJOR PROJECT WITHIN THE
9 DEFINITION? OR IS JUST THE WIND TURBINE THAT'S
10 OFFSHORE THE MAJOR PROJECT?
11 SENATOR RAMOS: (PAUSE.) OKAY,
12 THROUGH YOU, MR. PRESIDENT. ALL OF THE
13 COMMUNITIES THAT WOULD BE IMPACTED BY THE PROJECT
14 THAT'S BEING PROPOSED WOULD HAVE TO BE CONSULTED,
15 WITHOUT EXCEPTION.
16 SENATOR CANZONERI-FITZPATRICK:
17 THROUGH YOU, MR. PRESIDENT, WILL THE SPONSOR
18 CONTINUE TO YIELD.
19 ACTING PRESIDENT COONEY: WILL THE
20 SPONSOR YIELD?
21 SENATOR RAMOS: YES.
22 ACTING PRESIDENT COONEY: THE
23 SPONSOR YIELDS.
24 SENATOR CANZONERI-FITZPATRICK:
25 THANK YOU FOR THAT CLARIFICATION, SENATOR.
1734
1 ONE OF THE THINGS THAT I WOULD -- AM
2 TRYING TO RATIONALIZE -- OR RECONCILE, I SHOULD
3 SAY, IS THERE HAS BEEN PROPOSALS IN THE ONE-HOUSE
4 BUDGET RELATED TO THE RAPID ACT. AND THE
5 RAPID ACT, TO MY UNDERSTANDING, HAS THE ABILITY
6 TO OVERRULE LOCAL RULES AND REGULATIONS.
7 SO MY QUESTION IS, HOW DO WE
8 RECONCILE THIS LEGISLATION WITH THE RAPID ACT,
9 BECAUSE THIS LEGISLATION IS AIMED AT GETTING
10 MEANINGFUL PUBLIC INPUT -- WHICH I'M FULLY
11 SUPPORTIVE OF -- BUT THE RAPID ACT SEEMS TO BE
12 GEARED TOWARD OVERRULING LOCAL RULES, ZONING,
13 REGULATIONS. AND I'M NOT SURE HOW WE CAN
14 RECONCILE THESE TWO STATUTES.
15 SENATOR RAMOS: (PAUSE.) SO
16 THROUGH YOU, MR. PRESIDENT, THE RAPID ACT ALSO
17 ALLOWS FOR COMMUNITY INPUT.
18 AND THE SENATOR IS RIGHT IN THAT IT
19 WOULD OVERRIDE THIS PROCESS THAT WE'RE OUTLINING
20 IN THE BILL.
21 SENATOR CANZONERI-FITZPATRICK: ON
22 THE BILL, MR. PRESIDENT.
23 ACTING PRESIDENT COONEY: SENATOR
24 CANZONERI-FITZPATRICK ON THE BILL.
25 SENATOR CANZONERI-FITZPATRICK: I
1735
1 WANT TO THANK THE SPONSOR. THANK YOU,
2 SENATOR RAMOS, FOR ANSWERING MY QUESTIONS AND
3 BRINGING THIS BILL BEFORE US.
4 AS I STATED BEFORE, I'M FULLY IN
5 SUPPORT OF THE LEGISLATION BECAUSE IT IS FOCUSED
6 ON GETTING MEANINGFUL LOCAL INPUT TO THE THINGS
7 THAT WILL AFFECT THOSE COMMUNITIES. IT'S
8 CRITICAL THAT WE CONTINUE TO GET MEANINGFUL
9 PARTICIPATION SO THAT WE CONSIDER LOCAL CONCERNS
10 AND THE RESIDENTS FEEL HEARD.
11 PAST POLICY DECISIONS FROM LONG AGO
12 CREATED A SLATE OF DISADVANTAGED COMMUNITIES.
13 IT'S IMPERATIVE THAT IF WE ARE TRYING TO MEET THE
14 GOALS OF THE CLCPA THAT WE DO NOT CREATE A NEW
15 SLATE OF DISADVANTAGED COMMUNITIES THAT WOULD
16 UNDULY BEAR THE BURDEN OF THE STATE'S GOALS.
17 AS I'M SURE YOU'RE AWARE, THERE HAVE
18 BEEN EFFORTS IN NASSAU COUNTY TO DEVELOP OFFSHORE
19 WIND, WHICH WOULD CERTAINLY IMPACT THE
20 DISADVANTAGED COMMUNITY OF THE CITY OF
21 LONG BEACH, WHICH IS IN MY DISTRICT. MANY OF MY
22 CONSTITUENTS HAVE EXPRESSED FRUSTRATION THAT
23 THEIR COMMENTS AND CONCERNS REGARDING THESE
24 PROPOSALS WERE LARGELY BEING IGNORED.
25 I COMMEND THE SPONSOR FOR BRINGING
1736
1 THIS LEGISLATION TO ENHANCE PUBLIC PARTICIPATION
2 FOR DISADVANTAGED COMMUNITIES, AND IT'S MY
3 SINCERE HOPE THAT IT WILL HELP ENSURE COMMUNITIES
4 SUCH AS LONG BEACH WILL HAVE A MORE MEANINGFUL
5 AND ACTIVE ROLE IN DECISIONS THAT IMPACT THEIR
6 COMMUNITIES.
7 FOR THESE REASONS, MR. PRESIDENT, I
8 VOTE AYE.
9 ACTING PRESIDENT COONEY: THANK
10 YOU, SENATOR CANZONERI-FITZPATRICK.
11 ARE THERE ANY OTHER SENATORS WISHING
12 TO BE HEARD?
13 SEEING AND HEARING NONE, DEBATE IS
14 CLOSED.
15 SENATOR LIU.
16 SENATOR LIU: MR. PRESIDENT, UPON
17 CONSENT WE'VE AGREED TO RESTORE THIS BILL TO THE
18 NONCONTROVERSIAL CALENDAR.
19 LET'S TAKE IT UP THAT WAY.
20 ACTING PRESIDENT COONEY: THE BILL
21 IS RESTORED TO THE NONCONTROVERSIAL CALENDAR.
22 CALL THE ROLL.
23 (THE SECRETARY CALLED THE ROLL.)
24 ACTING PRESIDENT COONEY: SENATOR
25 RAMOS TO EXPLAIN HER VOTE.
1737
1 SENATOR RAMOS: THANK YOU,
2 MR. PRESIDENT.
3 YOU KNOW, I'M A FORMER MEMBER OF
4 COMMUNITY BOARD 3 IN QUEENS, JUST LIKE MY FATHER
5 BEFORE ME. AND I THINK ONE OF THE BIGGEST
6 EYE-OPENING EXPERIENCES IN THE SIX YEARS THAT
7 I'VE BEEN HERE IN THE STATE SENATE NOW HAS BEEN
8 THE LACK OF COMMUNITY INPUT WHEN IT COMES TO SO
9 MUCH DECISION-MAKING OVER REALLY LIFE-CHANGING
10 PROJECTS OVERALL, EVEN SOME DUBBED ECONOMIC
11 DEVELOPMENT.
12 FOR ME, THE INSPIRATION BEHIND THIS
13 BILL, WHEN I USED TO HAVE A PORTION OF THE
14 NEIGHBORHOOD OF ASTORIA IN MY DISTRICT, WAS A
15 COMPANY CALLED NRG TRYING TO BUILD A PEAKER PLANT
16 IN MY DISTRICT THAT WOULD HAVE ONLY EXACERBATED
17 THE HIGH INCIDENCES AND CASES OF ASTHMA. IN
18 FACT, THAT PARTICULAR CORNER OF QUEENS IS DUBBED
19 ASTHMA ALLEY PRECISELY BECAUSE WE HAVE SO MANY
20 POLLUTANTS AND SO MANY COMPANIES TRYING TO DO
21 WRONG BY OUR CONSTITUENTS IN THAT AREA.
22 I'M VERY HAPPY TO SAY THAT BECAUSE
23 NRG WAS UNWILLING TO COMPLY WITH A COMMUNITY
24 INPUT PROCESS, THERE HAD TO BE A VERY LOUD PUBLIC
25 OUTCRY AGAINST THEIR PROPOSED PEAKER PLANT. AND
1738
1 DESPITE NOT HAVING THIS BILL BECOME LAW AT THAT
2 GIVEN POINT IN TIME, WE WERE LOUD ENOUGH TO STOP
3 THEM. AND NOW WE HAVE A COMPANY CALLED BEACON
4 WIND TRYING TO BUILD A RENEWABLE ENERGY PROJECT
5 THERE.
6 SO I JUST WANTED TO OFFER AN EXAMPLE
7 OF HOW A COMMUNITY BEING OUTSPOKEN AND ENGAGED IN
8 WHAT THE FUTURE HOLDS FOR OUR COMMUNITIES
9 ACTUALLY MAKES A REAL BIG DIFFERENCE. AND I LOOK
10 FORWARD TO CONTINUING THIS CONVERSATION ABOUT
11 COMMUNITY INPUT IN OTHER AREAS IN THE FOLLOWING
12 WEEKS AND SESSIONS TO COME.
13 THANK YOU.
14 ACTING PRESIDENT COONEY: SENATOR
15 RAMOS TO BE RECORDED IN THE AFFIRMATIVE.
16 SENATOR HELMING TO EXPLAIN HER VOTE.
17 SENATOR HELMING: THANK YOU,
18 MR. PRESIDENT.
19 I WILL BE SUPPORTING THIS
20 LEGISLATION AGAIN THIS YEAR BECAUSE I THINK IT IS
21 VERY IMPORTANT THAT WE HAVE ENHANCED NOTICE AND
22 PUBLIC PARTICIPATION REQUIREMENTS.
23 BUT WHAT IS TROUBLING TO ME IS THAT
24 THIS BILL STATES THAT THE LEGISLATURE HEREBY
25 FINDS IT IS IN THE INTEREST OF PUBLIC HEALTH AND
1739
1 SAFETY TO REQUIRE MAJOR PROJECTS TO COMPLY WITH
2 ENHANCED NOTICE AND PUBLIC PARTICIPATION
3 REQUIREMENTS. I'M NOT SURE WHY, AND I DISAGREE
4 WITH LIMITING THAT INPUT TO JUST DISADVANTAGED
5 COMMUNITIES. IF THERE ARE PUBLIC HEALTH AND
6 SAFETY ISSUES, WE SHOULD OPEN UP FOR MORE
7 COMMENT.
8 THE SPONSOR MENTIONED THAT CLCPA
9 WORKING GROUP. THIS WORKING GROUP ACTUALLY CALLS
10 FOR EXPEDITING RENEWABLE ENERGY PROJECTS, TAKING
11 AWAY THE LOCAL GOVERNMENT DECISION-MAKING
12 PROCESS, TAKING AWAY PUBLIC COMMENT.
13 THE RAPID ACT THAT WAS MENTIONED BY
14 THE SPONSOR ACTUALLY GOES AS FAR AS EMPLOYING
15 EMINENT DOMAIN, TAKING AWAY, STRIPPING AWAY
16 PRIVATE PROPERTY RIGHTS AND ALLOWING FOR BUILDING
17 AND DEVELOPMENT OF PROJECTS WHICH THE SPONSOR
18 HERSELF SAID COULD INCLUDE THINGS LIKE
19 TRANSMISSION LINES ON CONSERVED PROPERTIES.
20 SO WHILE I SUPPORT THIS LEGISLATION
21 BECAUSE, AGAIN, IT GOES FURTHER IN CALL FOR
22 ENHANCED NOTICE AND PUBLIC PARTICIPATION, I JUST
23 AM BOGGLED BY THE FACT THAT THE SAME SPONSOR OF
24 THIS BILL VOTED YES TO OTHER BILLS THAT TAKE AWAY
25 PUBLIC INPUT.
1740
1 THANK YOU, MR. PRESIDENT.
2 ACTING PRESIDENT COONEY: SENATOR
3 HELMING TO BE RECORDED IN THE AFFIRMATIVE.
4 ANNOUNCE THE RESULTS.
5 THE SECRETARY: AYES, 60.
6 ACTING PRESIDENT COONEY: THE BILL
7 IS PASSED.
8 SENATOR LIU.
9 SENATOR LIU: MR. PRESIDENT, CAN WE
10 PLEASE RETURN TO THE CONTROVERSIAL CALENDAR.
11 ACTING PRESIDENT COONEY: THE
12 SECRETARY WILL RING THE BELL.
13 THE SECRETARY WILL READ.
14 THE SECRETARY: CALENDAR NUMBER
15 492, SENATE PRINT 1870A, BY SENATOR CLEARE, AN
16 ACT TO AMEND THE PUBLIC HOUSING LAW.
17 ACTING PRESIDENT COONEY: SENATOR
18 MARTINS, WHY DO YOU RISE?
19 SENATOR MARTINS: MR. PRESIDENT, IF
20 THE SPONSOR WOULD YIELD FOR A FEW QUESTIONS.
21 ACTING PRESIDENT COONEY: WILL THE
22 SPONSOR YIELD?
23 SENATOR CLEARE: THROUGH YOU,
24 MR. PRESIDENT, YES.
25 ACTING PRESIDENT COONEY: THE
1741
1 SPONSOR YIELDS, SENATOR CLEARE.
2 SENATOR MARTINS: THANK YOU,
3 MR. PRESIDENT. THIS BILL WOULD REQUIRE SOMEONE
4 TO PROVIDE A HISTORY WITH REGARD TO
5 RENT-STABILIZED AND RENT-CONTROLLED APARTMENTS
6 DATING BACK TO 1974. BUT IT'S UNCLEAR IN THE
7 BILL WHO WOULD BE REQUIRED TO PROVIDE THAT
8 INFORMATION OR THAT HISTORY. AND I WAS HOPING,
9 SENATOR, THAT YOU'D BE ABLE TO CLARIFY THAT FOR
10 US.
11 SENATOR CLEARE: CURRENTLY YOU
12 WOULD MAKE THAT REQUEST FROM HCR.
13 SENATOR MARTINS: SO IF --
14 MR. PRESIDENT, THROUGH YOU, IF THE SPONSOR WOULD
15 CONTINUE TO YIELD.
16 ACTING PRESIDENT COONEY: WILL THE
17 SPONSOR YIELD?
18 SENATOR CLEARE: YES.
19 ACTING PRESIDENT COONEY: THE
20 SPONSOR YIELDS.
21 SENATOR MARTINS: SO I UNDERSTAND
22 THAT THE REQUEST WOULD GO THROUGH HCR. BUT WHO
23 WOULD BE RESPONSIBLE? WOULD IT BE THE GOVERNMENT
24 AGENCY THAT WOULD BE OVERSEEING THE
25 RENT-STABILIZED OR RENT-CONTROLLED UNIT? OR
1742
1 WOULD IT BE THE PROPERTY OWNER THEMSELVES THAT
2 WOULD BE RESPONSIBLE FOR PROVIDING THAT
3 INFORMATION?
4 THE BILL ITSELF DOESN'T CLARIFY
5 THAT. WHO WOULD BE RESPONSIBLE FOR PROVIDING
6 50 YEARS' WORTH OF RENTAL RECORDS TO A PERSON WHO
7 IS DEEMED TO BE A BONA FIDE RENTER BY HAVING
8 PROVIDED A DEPOSIT TO RENT THE UNIT?
9 SENATOR CLEARE: A TENANT WHO HAS
10 MADE A GOOD-FAITH DEPOSIT WITH THE INTENT TO
11 ENTER INTO A LEASE WOULD BE ABLE TO REQUEST THOSE
12 RECORDS FROM HCR, AND THOSE WOULD BE MADE
13 AVAILABLE TO THEM.
14 SENATOR MARTINS: MR. PRESIDENT,
15 THROUGH YOU, IF THE SPONSOR WOULD CONTINUE TO
16 YIELD.
17 ACTING PRESIDENT COONEY: WILL THE
18 SPONSOR CONTINUE TO YIELD?
19 SENATOR CLEARE: THROUGH YOU,
20 MR. PRESIDENT, YES.
21 ACTING PRESIDENT COONEY: THE
22 SPONSOR YIELDS.
23 SENATOR MARTINS: AND PER THIS
24 LEGISLATION, SOMEONE WOULD HAVE TO PROVIDE THOSE
25 RECORDS. WHO WOULD HAVE TO PROVIDE THOSE
1743
1 RECORDS?
2 SENATOR CLEARE: HCR IS THE AGENCY
3 THAT REPORTS THAT INFORMATION RIGHT NOW. YOU CAN
4 REQUEST IT FROM HCR. CURRENTLY THEY RECEIVE THAT
5 INFORMATION FROM LANDLORDS. THAT IS THE WAY IT
6 IS DONE CURRENTLY.
7 THIS BILL SIMPLY ALLOWS A TENANT OR
8 A PROSPECTIVE TENANT TO BE ABLE TO GET THAT
9 INFORMATION BEFORE THEY ENTER INTO A LEASE.
10 SENATOR MARTINS: VERY WELL.
11 MR. PRESIDENT, THROUGH YOU, IF THE
12 SPONSOR WOULD CONTINUE TO YIELD.
13 ACTING PRESIDENT COONEY: DOES THE
14 SPONSOR YIELD?
15 SENATOR CLEARE: THROUGH YOU,
16 MR. PRESIDENT, YES.
17 ACTING PRESIDENT COONEY: THE
18 SPONSOR YIELDS.
19 SENATOR MARTINS: SO IF -- DO YOU
20 KNOW HOW LONG HCR CURRENTLY HAS THESE RECORDS?
21 DO THEY HAVE RECORDS CURRENTLY DATING BACK TO
22 1974?
23 SENATOR CLEARE: (PAUSE.) YES, IT
24 IS OUR UNDERSTANDING THAT HCR CURRENTLY HAS
25 RECORDS UP TO 1974.
1744
1 SENATOR MARTINS: THANK YOU,
2 MR. PRESIDENT. THROUGH YOU, IF THE SPONSOR WOULD
3 CONTINUE TO YIELD.
4 ACTING PRESIDENT COONEY: THE
5 SPONSOR YIELDS?
6 SENATOR CLEARE: YES,
7 MR. PRESIDENT.
8 ACTING PRESIDENT COONEY: THE
9 SPONSOR YIELDS.
10 SENATOR MARTINS: THANK YOU FOR
11 THAT, SENATOR CLEARE.
12 IF THE RECORDS ARE NOT AVAILABLE OR
13 IF THE RECORDS ARE NOT COMPLETE BACK TO 1974, IS
14 THERE ANY CONSEQUENCE TO THE FACT THAT THOSE
15 RECORDS DON'T EXIST?
16 SENATOR CLEARE: JUST WHATEVER THEY
17 HAVE AVAILABLE IS WHAT WOULD BE REQUIRED.
18 SENATOR MARTINS: THANK YOU.
19 MR. PRESIDENT, THROUGH YOU, IF THE
20 SPONSOR WILL CONTINUE TO YIELD.
21 ACTING PRESIDENT COONEY: WILL THE
22 SPONSOR YIELD?
23 SENATOR CLEARE: YES, THROUGH YOU.
24 ACTING PRESIDENT COONEY: THE
25 SPONSOR YIELDS.
1745
1 SENATOR MARTINS: SO THROUGH THIS
2 BILL, IS THERE ANY OBLIGATION ON ANY PROPERTY
3 OWNER TO PROVIDE THOSE RECORDS INDEPENDENTLY OF A
4 REQUEST THAT GOES TO HCR?
5 SENATOR CLEARE: (PAUSE.) RIGHT.
6 THE INFORMATION IS ALREADY PROVIDED TO HCR FROM
7 THE LANDLORD. IT SHOULD BE REGISTERED, AND THE
8 PROSPECTIVE TENANT CAN REQUEST THAT OF THE
9 AGENCY.
10 SENATOR MARTINS: THANK YOU.
11 MR. PRESIDENT, THROUGH YOU, IF THE
12 SPONSOR WOULD CONTINUE TO YIELD.
13 ACTING PRESIDENT COONEY: WILL THE
14 SPONSOR YIELD?
15 SENATOR CLEARE: YES.
16 ACTING PRESIDENT COONEY: THE
17 SPONSOR YIELDS.
18 SENATOR MARTINS: BUT IS THERE
19 ANY -- BECAUSE IT DOES SPEAK TO REGULATIONS BEING
20 ADVANCED. DO YOU SEE THESE REGULATIONS REQUIRING
21 THE LANDLORD TO GO BACK INTO THEIR OWN -- OR
22 PUTTING AN OBLIGATION ON THE LANDLORD TO GO BACK
23 INTO THEIR OWN RECORDS AND PUTTING AN OBLIGATION
24 ON THOSE LANDLORDS TO FIND RECORDS SOMETIMES
25 DATING BEFORE THEY ACTUALLY ACQUIRED OR OWNED THE
1746
1 BUILDING, AND BEING RESPONSIBLE FOR COMPLYING
2 WITH THIS REQUIREMENT?
3 SENATOR CLEARE: NO, I DON'T SEE
4 THAT IN THE BILL.
5 THIS INFORMATION SHOULD BE DEPOSITED
6 WITH HCR NO MATTER WHO THE LANDLORD IS, NO MATTER
7 WHEN THE RENTAL HISTORY IS SUPPOSED TO BE THERE.
8 EVERY LANDLORD IS SUPPOSED TO REGISTER
9 WHENEVER -- AT WHATEVER POINT THEY BECOME THE
10 LANDLORD.
11 SENATOR MARTINS: THANK YOU,
12 SENATOR. THANK YOU, MR. PRESIDENT.
13 ON THE BILL.
14 ACTING PRESIDENT COONEY: SENATOR
15 MARTINS ON THE BILL.
16 SENATOR MARTINS: SO,
17 SENATOR CLEARE, THANK YOU VERY MUCH FOR THOSE --
18 THAT CLARITY.
19 YOU KNOW, MY CONCERN IS ALWAYS, ANY
20 TIME WE HAVE AN OPPORTUNITY HERE TO GO BACK AND
21 LOOK AT RECORDS -- SPECIFICALLY WHEN WE'RE GOING
22 BACK 50 YEARS -- IF WE'RE GOING TO RELY ON A
23 GOVERNMENT AGENCY THAT'S SUPPOSED TO HAVE THOSE
24 RECORDS IN FULL TRANSPARENCY, SURE, IT MAKES
25 SENSE. LET'S MAKE THOSE RECORDS AVAILABLE AND
1747
1 LET'S PROVIDE AS MUCH INFORMATION TO A
2 PROSPECTIVE TENANT AS WE CAN.
3 BUT UNDERSTANDING THE MARKET AND
4 UNDERSTANDING THAT SOMETIMES THESE BUILDINGS
5 CHANGE HANDS, IF THIS WERE TO ADD AN ADDITIONAL
6 OBLIGATION ON A PROPERTY OWNER TO HAVE TO COME UP
7 WITH DOCUMENTS THAT THEY MAY NOT HAVE AND PRODUCE
8 THOSE DOCUMENTS AT RISK OF SOMETHING, I'D BE VERY
9 CONCERNED ABOUT THAT.
10 SO I'M GRATIFIED, FRANKLY, THAT THIS
11 IS NOT WHAT THIS BILL DOES, THAT THIS BILL WILL
12 ACTUALLY PROVIDE FOR TRANSPARENCY FOR TENANTS
13 WITHOUT PUTTING ADDITIONAL OBLIGATIONS ON
14 PROPERTY OWNERS.
15 AND, YOU KNOW, FRANKLY I'M HOPING
16 THAT AS WE GO FORWARD WITH DISCUSSIONS WITH
17 REGARD TO AFFORDABLE HOUSING AND WE LOOK FORWARD
18 TO PROVIDING AFFORDABLE HOUSING TO MORE AND MORE
19 NEW YORKERS WHERE IT'S NECESSARY, MR. PRESIDENT,
20 I AM LOOKING FORWARD TO FINDING SOLUTIONS TO
21 PROVIDING THOSE AFFORDABLE HOUSING UNITS THAT
22 WE'RE ALL SO FOND OF TALKING ABOUT.
23 THERE ARE 1.1 MILLION
24 RENT-STABILIZED AND RENT-CONTROLLED APARTMENTS IN
25 NEW YORK CITY CURRENTLY -- 1.1 MILLION UNITS.
1748
1 MR. PRESIDENT, MORE THAN 30 PERCENT OF THOSE,
2 MORE THAN 300,000 UNITS IN NEW YORK CITY RIGHT
3 NOW ARE OCCUPIED BY PEOPLE EARNING MORE THAN
4 100 PERCENT OF THE AREA MEDIAN INCOME BECAUSE
5 RENT-STABILIZED APARTMENTS ARE NOT MEANS-TESTED.
6 WE HAVE LITERALLY PEOPLE EARNING
7 OVER A MILLION DOLLARS LIVING IN A
8 RENT-STABILIZED APARTMENT WHEN WE HAVE PEOPLE WHO
9 CAN'T FIND APARTMENTS AND HOUSING IN NEW YORK
10 CITY. AND THIS CHAMBER HAS DONE NOTHING TO DEAL
11 WITH THAT ISSUE.
12 AND SO WE HAVE AN OPPORTUNITY TO
13 MOVE FORWARD -- IF WE'RE GOING TO TALK ABOUT
14 HOUSING JUSTICE, WE'RE GOING TO TALK ABOUT
15 AFFORDABLE HOUSING AND PUTTING AFFORDABLE HOUSING
16 IN THE HANDS OF PEOPLE WHO CAN ACTUALLY NEED THAT
17 AFFORDABILITY, LET'S TALK ABOUT HOW WE CAN
18 ACTUALLY MAKE THOSE UNITS AVAILABLE TO PEOPLE.
19 AND LET'S MEANS-TEST THOSE UNITS. BECAUSE EVEN
20 IF WE START BUILDING HOUSING TODAY, EVEN IF WE
21 START BUILDING HOUSING TODAY, IT'S GOING TO BE
22 LITERALLY YEARS BEFORE THOSE HOUSING UNITS ARE
23 AVAILABLE FOR OCCUPANCY.
24 BUT I'LL TELL YOU WHAT. IF WE
25 DECIDE AS A CHAMBER, WITH THE PEOPLE ON THE OTHER
1749
1 SIDE OF THIS BUILDING, IF WE DECIDE TO BE SERIOUS
2 ABOUT AFFORDABLE HOUSING AND WE TURN AROUND AND
3 MEANS-TEST THESE UNITS, THESE UNITS CAN BE
4 AVAILABLE TO THOSE WHO NEED THEM AND MEET THOSE
5 MEANS-TESTS THAT ARE SET BY US, THEY CAN BE
6 AVAILABLE AS SOON AS 12 MONTHS FROM NOW,
7 MR. PRESIDENT.
8 AND SO TO PUT IT INTO CONTEXT, I
9 SAID 30 PERCENT ARE EARNING MORE THAN THE AREA
10 MEDIAN INCOME, 30 PERCENT. MR. PRESIDENT,
11 12 PERCENT -- THAT'S OVER 120,000 UNITS -- ARE
12 EARNING MORE THAN 200 PERCENT OF THE AREA MEDIAN
13 INCOME. THAT'S NEARLY $200,000 A YEAR IN RENT.
14 AND YET THEY'RE ABLE TO OCCUPY RENT-STABILIZED
15 UNITS AT THE EXPENSE OF THOSE PEOPLE EARNING FAR
16 LESS WHO CAN'T FIND APARTMENTS TODAY.
17 SO ALTHOUGH I'LL BE VOTING YES ON
18 THIS BILL, MR. PRESIDENT, I URGE MY COLLEAGUES
19 WHO ARE IN A POSITION TO ACTUALLY DO SOMETHING
20 ABOUT AFFORDABILITY, AND NOT JUST TALK ABOUT IT,
21 THAT WE TACKLE THIS ISSUE HEAD ON AND THAT WE
22 WORK THROUGH THIS PROCESS AS WE HEAD INTO A
23 BUDGET THAT SHOULD ALLOW ALL OF US TO BE PART OF
24 A SOLUTION. I OFFER THAT AS A GREAT SOLUTION AS
25 WE MOVE FORWARD.
1750
1 MR. PRESIDENT, I VOTE AYE.
2 ACTING PRESIDENT COONEY: THANK
3 YOU, SENATOR MARTINS.
4 ARE THERE ANY OTHER SENATORS WISHING
5 TO BE HEARD?
6 SEEING AND HEARING NONE, DEBATE IS
7 CLOSED.
8 SENATOR LIU.
9 SENATOR LIU: MR. PRESIDENT, UPON
10 CONSENT, WE'VE AGREED TO RESTORE THIS BILL TO THE
11 NONCONTROVERSIAL CALENDAR.
12 LET'S TAKE IT UP THAT WAY.
13 ACTING PRESIDENT COONEY: THE BILL
14 IS RESTORED TO THE NONCONTROVERSIAL CALENDAR.
15 READ THE LAST SECTION.
16 THE SECRETARY: SECTION 2. THIS
17 ACT SHALL TAKE EFFECT IMMEDIATELY.
18 ACTING PRESIDENT COONEY: CALL THE
19 ROLL.
20 (THE SECRETARY CALLED THE ROLL.)
21 ACTING PRESIDENT COONEY: SENATOR
22 CLEARE TO EXPLAIN HER VOTE.
23 SENATOR CLEARE: THANK YOU,
24 MR. PRESIDENT.
25 I JUST WANT TO MENTION THE FACT THAT
1751
1 ACCORDING TO THE RENT GUIDELINES BOARD, THE
2 AVERAGE MEDIAN INCOME OF RENT-STABILIZED TENANTS
3 IS $47,000 A YEAR. THE AVERAGE RENT, MEDIAN
4 RENT, IS $1400 A MONTH. PEOPLE ARE PAYING
5 36 PERCENT OF THEIR INCOME IN RENT EVEN IN
6 RENT-STABILIZED UNITS.
7 BUT, YOU KNOW, WE GENERALLY HOLD
8 THAT TRANSPARENCY IS A GOOD THING WHEN ENTERING
9 INTO RETAIL AND COMMERCIAL TRANSACTIONS AND
10 CONTRACTS. HOWEVER, RIGHT NOW A PROSPECTIVE
11 TENANT OF A RENT-REGULATED OR RENT-STABILIZED
12 APARTMENT HAS NO WAY OF KNOWING THE RENT HISTORY
13 OF AN APARTMENT BEFORE THEY MAKE A CHOICE WHETHER
14 OR NOT TO ENTER INTO A LEASE.
15 GIVEN THE MAJOR CHANGES IN THE LAWS
16 OVER THE PAST 25 YEARS, MANY OF WHICH
17 DISPROPORTIONATELY ADVANTAGED LANDLORDS, COMBINED
18 WITH THE FACT THAT THERE HAS REPEATEDLY BEEN
19 FRAUD AND EXTRALEGAL COLLUSION IN THE PRICING OF
20 RENTS AND EFFORTS TO DEREGULATE APARTMENTS,
21 UNDERSTANDING THE COMPLETE RENT HISTORY OF YOUR
22 POSSIBLE HOME IS THE BASELINE OF INFORMATION WE
23 SHOULD BE PROVIDING.
24 HOUSING IS A HUMAN RIGHT, AND IT
25 SHOULD NOT GO TO THE HIGHEST BIDDER OR BE HELD
1752
1 HOSTAGE BY THE UNSCRUPULOUS. THE MORE WE JUST
2 DEMYSTIFY THE PRICING OF RENTS, THE BETTER FOR
3 TENANTS. AND THE MORE WE ASK FOR THE TRUTH TO BE
4 TOLD BY LANDLORDS, THE MORE THEY CAN BE HELD
5 ACCOUNTABLE.
6 I PROUDLY VOTE AYE AND ASK THAT MY
7 COLLEAGUES DO THE SAME.
8 ACTING PRESIDENT COONEY: SENATOR
9 CLEARE TO BE RECORDED IN THE AFFIRMATIVE.
10 ANNOUNCE THE RESULTS.
11 THE SECRETARY: IN RELATION TO
12 CALENDAR 492, THOSE SENATORS VOTING IN THE
13 NEGATIVE ARE SENATORS BORRELLO,
14 CANZONERI-FITZPATRICK, GRIFFO, HELMING, LANZA,
15 MATTERA, MURRAY, OBERACKER, O'MARA, ORTT,
16 PALUMBO, RHOADS, SCARCELLA-SPANTON, STEC,
17 TEDISCO, WEBER AND WEIK.
18 AYES, 43. NAYS, 17.
19 ACTING PRESIDENT COONEY: THE BILL
20 IS PASSED.
21 SENATOR LIU, THAT COMPLETES THE
22 READING OF READING OF TODAY'S CALENDAR.
23 SENATOR LIU: MR. PRESIDENT, IS
24 THERE ANY FURTHER BUSINESS AT THE DESK?
25 ACTING PRESIDENT COONEY: THERE IS
1753
1 NO FURTHER BUSINESS AT THE DESK.
2 SENATOR LIU: I MOVE TO ADJOURN
3 UNTIL MONDAY, MARCH 25TH, AT 3:00 P.M., WITH THE
4 INTERVENING DAYS BEING LEGISLATIVE DAYS.
5 ACTING PRESIDENT COONEY: ON
6 MOTION, THE SENATE STANDS ADJOURNED UNTIL MONDAY,
7 MARCH 25TH, AT 3:00 P.M., WITH THE INTERVENING
8 DAYS BEING LEGISLATIVE DAYS.
9 (WHEREUPON, AT 12:09 P.M., THE
10 SENATE ADJOURNED.)
11
12
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25