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Thursday, February 5, 2026

11:30 AMRegular SessionALBANY, NEW YORK
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                                                               521

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 5, 2026

11                     11:30 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JEREMY COONEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               522

 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:   I'll ask 

 9    Imam Tahir, of the Albanian Islamic Cultural 

10    Center on Staten Island, to deliver today's 

11    invocation.  

12                 IMAM TAHIR KUKAJ:   Good morning.  

13                 In the name of God, most gracious, 

14    most merciful, we thank God Almighty for 

15    His countless blessings, blessings of this day 

16    and this chamber, blessings of leadership of the 

17    New York State Senate.  

18                 We gather today in this blessed 

19    chamber in gratitude, with gratitude in our 

20    hearts for the privilege of living in a state 

21    that honors freedom, the conscious dignity of 

22    difference, and the sacred right of every 

23    community to be seen, heard and respected.  

24                 We give thanks to the New York State 

25    shaped by immigrants, strengthened by diversity, 


                                                               523

 1    a state where faith and civic duty walk hand in 

 2    hand and where the ideals of justice, liberty and 

 3    opportunity are not merely spoken but pursued.

 4                 On behalf of Albanian Americans, we 

 5    would like to offer special appreciation to our 

 6    honorable Senators, and particularly 

 7    Senator Jessica Scarcella-Spanton, and also our 

 8    Honorable Assemblyman Charles Fall, for their 

 9    leadership, their openness, and their continued 

10    support in commemorating Kosovo's 

11    Independence Day -- a country that has been 

12    created, supported and continued to be supported 

13    by the United States of America.  

14                 As Albanians, we are in debt to this 

15    great nation of ours forever for liberating, 

16    supporting and helping Kosovo and the 

17    Albanian nation to survive and thrive.  

18                 God Almighty, bless this chamber 

19    with wisdom beyond politics, with unity beyond 

20    division, and with courage beyond convenience.  

21    Guide our leaders to serve with integrity, to 

22    protect the vulnerable, to honor truth, and to 

23    legislate with compassion for all who call this 

24    state home.

25                 Bless the people of New York of 


                                                               524

 1    every faith, background and heritage, and always 

 2    bless the United States of America.  God bless 

 3    the Albanian nation, and always God bless the 

 4    United States of America.

 5                 God Almighty, in Your name we make 

 6    this prayer.  Amen.

 7                 (Response of "Amen.")

 8                 ACTING PRESIDENT COONEY:   Reading 

 9    of the Journal.

10                 THE SECRETARY:   In Senate, 

11    Wednesday, February 4, 2026, the Senate met 

12    pursuant to adjournment.  The Journal of Tuesday, 

13    February 3, 2026, was read and approved.  On 

14    motion, the Senate adjourned.

15                 ACTING PRESIDENT COONEY:   Without 

16    objection, the Journal stands approved as read.

17                 Presentation of petitions.

18                 Messages from the Assembly.

19                 Messages from the Governor.

20                 Reports of standing committees.

21                 Reports of select committees.

22                 Communications and reports from 

23    state officers.

24                 Motions and resolutions.

25                 Senator Gianaris.


                                                               525

 1                 SENATOR GIANARIS:   Good morning, 

 2    Mr. President.  

 3                 On behalf of Senator Hinchey, on 

 4    page 21 I offer the following amendments to 

 5    Calendar 215, Senate Print 7618, and ask that 

 6    said bill retain its place on the Third Reading 

 7    Calendar.

 8                 ACTING PRESIDENT COONEY:   The 

 9    amendments are received, and the bill will retain 

10    its place on the Third Reading Calendar.

11                 Senator Gianaris.  

12                 SENATOR GIANARIS:   Let's take up 

13    previously adopted Resolution 1516, by 

14    Senator Scarcella-Spanton, read its title, and 

15    recognize Senator Scarcella-Spanton.

16                 ACTING PRESIDENT COONEY:   The 

17    Secretary will read.

18                 THE SECRETARY:   Resolution 1516, by 

19    Senator Scarcella-Spanton, commemorating the 

20    18th Anniversary of Kosovo's Independence.

21                 ACTING PRESIDENT COONEY:   Senator 

22    Scarcella-Spanton on the resolution.

23                 SENATOR SCARCELLA-SPANTON:   Thank 

24    you, Mr. President.

25                 Today we will be welcoming friends 


                                                               526

 1    and constituents who traveled all the way to the 

 2    Capitol today to join us in celebrating Kosovo's 

 3    Independence Day here in the New York State 

 4    Senate, including Imam Tahir, who you just heard 

 5    from, and of course my former Staten Island 

 6    director, Vanesa Limani, who's actually from 

 7    Kosovo.

 8                 Today we once again honor Kosovo's 

 9    remarkable journey to independence here in 

10    New York -- an independence that was hard-fought 

11    and deeply impactful for its people.  The Kosovar 

12    people, throughout all the trials and 

13    tribulations that led them to independence, have 

14    showed extraordinary strength and determination.  

15                 Kosovo's declaration of independence 

16    in 2008 was a monumental moment in modern 

17    history, signaling the end of years of struggle 

18    and the beginning of a new chapter.  As we 

19    reflect on this journey, we honor the sacrifices 

20    made by the people of Kosovo in their tireless 

21    pursuit of freedom.  

22                 It continues to be my honor to 

23    sponsor this resolution year after year in 

24    recognition of Kosovo's Independence Day.

25                 Today we celebrate the triumphs of 


                                                               527

 1    the Kosovar people and look ahead to a bright 

 2    future both here in New York and back in their 

 3    home in Kosovo.  I am continuously proud of the 

 4    Kosovar people I represent in Senate District 23, 

 5    and their dedication to honoring their heritage 

 6    and culture no matter where they are in the 

 7    world.  

 8                 I will continue to work alongside 

 9    all of the people from Kosovo and its people here 

10    in New York for years to come -- especially 

11    Vanesa (laughing).  

12                 Thank you to all my colleagues for 

13    your support, and everyone who has joined us in 

14    honoring this Independence Day.  

15                 I proudly vote aye.

16                 ACTING PRESIDENT COONEY:   Thank 

17    you, Senator Scarcella-Spanton.

18                 Senator Mayer on the resolution.

19                 SENATOR MAYER:   Thank you, 

20    Mr. President.  

21                 And I too rise to thank my colleague 

22    Senator Scarcella-Spanton for this resolution, 

23    and to speak on behalf of over 15,000 people from 

24    Albania, most of whom are from Kosovo, in 

25    Westchester County.


                                                               528

 1                 Our county is full of a very vibrant 

 2    group of both younger and older Kosovans who have 

 3    contributed enormously to the business life, 

 4    certainly to the real estate world, and to the 

 5    education space of our county.  In my hometown of 

 6    Yonkers there are over 2,000, and in 

 7    White Plains, which I proudly represent, over 

 8    1,000.  And they have joined together with young 

 9    leadership that formed the Albanian American Club 

10    of Westchester to -- really to be forces for 

11    positive change, both culturally, educationally, 

12    and in the business world.

13                 We so admire their contributions to 

14    our community.  And we also today, of course, 

15    honor their remarkable story of independence.  

16                 And we're so proud that we have the 

17    opportunity here in the Senate chamber to 

18    celebrate them, to acknowledge them, and to look 

19    forward to many more years of celebrating their 

20    anniversary of their independence.  

21                 I vote aye.

22                 ACTING PRESIDENT COONEY:   Thank 

23    you, Senator Mayer.

24                 Senator Fernandez on the resolution.

25                 SENATOR FERNANDEZ:   Thank you so 


                                                               529

 1    much, Mr. Speaker.  

 2                 And thank you to my colleague for 

 3    this resolution.  

 4                 I too speak proudly on behalf of my 

 5    constituents in the East Bronx, a population full 

 6    of {in Albanian} -- my friends.  

 7                 But it is a great resolution, and 

 8    this year is special, 18 years old -- 

 9    technically, Kosovo is an adult now.  

10                 (Laughter.)

11                 SENATOR FERNANDEZ:   But it is a 

12    beautiful country, beautiful people.  

13                 I've had the pleasure and honor of 

14    visiting a few years ago to attend a wedding, and 

15    I highly recommend seeing what is over in the 

16    Balkan region.  

17                 Kosovo is a historic nation.  It is 

18    full of beautiful mountain ranges.  I had the 

19    honor of going to Pristina, the new capital, 

20    seeing everything that has been done since the 

21    war and since it got established, visiting 

22    Prizren, the oldest city in the Balkans, which is 

23    also the birthplace of Mother Teresa.  

24                 But it is a nation that is full of 

25    its own honor, its own beautiful history.  


                                                               530

 1                 And here in New York the people of 

 2    Albania and Kosovo have done so much to 

 3    contribute to continue to make New York the 

 4    beautiful blanket that it is.  

 5                 And I thank my colleague for 

 6    allowing this resolution and giving us this time 

 7    to say "Happy Birthday, Kosovo!" and thank you 

 8    for all your contributions to the state.

 9                 Thank you.  I vote aye.

10                 ACTING PRESIDENT COONEY:   Thank 

11    you, Senator Fernandez.

12                 Senator Harckham on the resolution.

13                 SENATOR HARCKHAM:   Thank you, 

14    Mr. President.  

15                 I want to thank Senator 

16    Scarcella-Spanton for bringing this resolution 

17    forward every year.  Thank you very much.  

18                 I want to follow up on 

19    Senator Mayer's comments on the rich Albanian 

20    population in the Lower Hudson Valley.  And I 

21    just want to put in a plug and mention of the 

22    chair of the Westchester County Board of 

23    Legislators,  Vedat Gashi, who earlier in his 

24    career actually helped draft the Kosovo 

25    Constitution during their process of 


                                                               531

 1    independence -- something he is very proud of and 

 2    we as Westchester neighbors and colleagues of 

 3    Vedat are also very proud.

 4                 So kudos on this very special day.  

 5    Congratulations as we mark another anniversary of 

 6    independence, another strong democracy in 

 7    Eastern Europe.  

 8                 And I proudly vote aye.  Thank you.

 9                 ACTING PRESIDENT COONEY:   Thank 

10    you, Senator Harckham.

11                 Senator Bailey on the resolution.

12                 SENATOR BAILEY:   Thank you, 

13    Mr. President.  

14                 Very briefly, thank you, 

15    Senator Scarcella-Spanton, for this incredible 

16    resolution.  

17                 And to the Albanian community in the 

18    Bronx, they have made leaps and bounds in terms 

19    of their civic engagement.  

20                 It's always been significant, but 

21    recently we made the first -- well, the first 

22    Albanian woman to be a judge in the Bronx, 

23    Edit Shkreli.  I want to make sure that we lift 

24    her up, and all of the incredible residents of 

25    Kosovo and Albania who do positive things.  


                                                               532

 1                 And to Senator Harckham's point 

 2    about Vedat Gashi, the chair of the board of 

 3    legislators, a lot is said about the sneakers 

 4    that I wear on this floor.  I want it to be 

 5    known, and for the record, that Vedat Gashi is a 

 6    sneakerhead of sneakerheads.  You should see his 

 7    sneaker collection:  It is real, it is 

 8    significant.  

 9                 I don't know if Vedat is here, but 

10    I've got to make sure I send him this clip to 

11    make sure that I know I put on the record that 

12    don't look at me, don't look at Z, look at Vedat 

13    when it comes to sneakers.

14                 Happy Independence Day to Kosovo, in 

15    all seriousness, Mr. President.  

16                 I vote aye on the resolution.

17                 ACTING PRESIDENT COONEY:   Thank 

18    you, Senator Bailey.

19                 The resolution was adopted on 

20    February 4th.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Now let's move 

23    on to previously adopted Resolution 1317, by 

24    Senator Tedisco -- there he is.  I just want to 

25    make sure he was here -- read that resolution's 


                                                               533

 1    title, and recognize Senator Tedisco.

 2                 ACTING PRESIDENT COONEY:   The 

 3    Secretary will read.

 4                 THE SECRETARY:   Resolution 1317, by 

 5    Senator Tedisco, congratulating the Stillwater 

 6    Girls Varsity Soccer Team and Head Coach 

 7    Christine Ihnatolya upon the occasion of winning 

 8    the New York State Public High School Athletic 

 9    Association Class C State Championship title on 

10    November 16, 2025.

11                 ACTING PRESIDENT COONEY:   Senator 

12    Tedisco on the resolution.

13                 SENATOR TEDISCO:   Thank you, 

14    Mr. President.  

15                 Mr. President and my colleagues, as 

16    you see up above me in the balcony, I am pleased 

17    to present to you and to be welcome the 2025 

18    New York State C Girls Soccer champions to the 

19    chamber today from Stillwater High School, in the 

20    place where all good things emanate from, the 

21    444th Senatorial District in New York.  

22                 The Stillwater Girls Varsity Soccer 

23    Team and Head Coach Christine Ihnatolya won their 

24    final game at a 1-0 shutout to secure the 

25    New York State Class C Girls Soccer Championship 


                                                               534

 1    on Sunday, November 16, 2025, at Homer High 

 2    School in Homer, New York, finishing the season 

 3    unbelievably with an impressive 22-to-1 overall 

 4    record.  

 5                 The Stillwater Girls Varsity Soccer 

 6    Team since 2018 has won four sectional titles, 

 7    four consecutive Wasaren League titles, 

 8    six New York State Final Four appearances and, 

 9    now, three New York State Class C Championship 

10    titles.

11                 It doesn't get much better.  But 

12    proudly, it will.

13                 These scholar-athletes are also a 

14    New York State Public High School Athletic 

15    Association Scholar-Athlete Team, as they 

16    garnered an overall team grade point average of 

17    92.6.  

18                 Please welcome this team.  And the 

19    members are:  Alexandria Liamero, Bridget Coon, 

20    Alianna Lyon, Lucy Rubinstein, Kamryn VanPelt, 

21    Peyton Perretta, Kennedie VanPelt, 

22    Brooke Hodgson, Brooke Coon, Finley Bornt, 

23    Mayzie Gibeault, Addison Callahan, Sadie Hazen, 

24    Callen Baisley, Madelyn Callanan, and 

25    Emersyn Patenaude.  


                                                               535

 1                 Now, you don't get this far just by 

 2    being great athletes and working hard and having 

 3    great ethics and hard work.  You get there by the 

 4    coaches also.  And they had some great coaches, 

 5    one I already introduced, but I will do it again:  

 6    Christine Ihnatolya, the head coach, and  

 7    Assistant Coach Cassidy Chapko.  

 8                 As a program, the Stillwater Girls 

 9    Varsity Soccer Team has enjoyed great success and 

10    set a high standard for seasons to follow.  

11                 Mr. President and my colleagues, 

12    please welcome them, congratulate them, and offer 

13    them all the cordialities of this august body.  

14                 We're so proud of them here in the 

15    44th Senatorial District, Stillwater, and in the 

16    great State of New York.

17                 ACTING PRESIDENT COONEY:   Thank you 

18    very much, Senator Tedisco.  

19                 And to our guests, I welcome you on 

20    behalf of the Senate.  We extend to you the 

21    privileges and courtesies of this house.  

22                 Please rise and be recognized.

23                 (Standing ovation.)

24                 ACTING PRESIDENT COONEY:   The 

25    resolution was adopted on January 13th.


                                                               536

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   Mr. President, 

 3    the sponsors would like the two resolutions we 

 4    took up today open for cosponsorship.

 5                 ACTING PRESIDENT COONEY:   These 

 6    resolutions are open for cosponsorship.  Should 

 7    you choose not to be a cosponsor, please notify 

 8    the desk.

 9                 Senator Gianaris.

10                 SENATOR GIANARIS:   Please take up 

11    the calendar.

12                 ACTING PRESIDENT COONEY:   The 

13    Secretary will read.

14                 THE SECRETARY:   Calendar Number 36, 

15    Senate Print 8812, by Senator Krueger, an act to 

16    amend a chapter of the Laws of 2025.

17                 ACTING PRESIDENT COONEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.  

21                 ACTING PRESIDENT COONEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT COONEY:   Announce 

25    the results.


                                                               537

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 36, voting in the negative are 

 3    Senators Ashby, Baskin, Borrello, Bynoe, 

 4    Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, 

 5    Helming, Lanza, Martinez, Martins, Murray, 

 6    Oberacker, Ortt, Palumbo, Rhoads, Rolison, Ryan, 

 7    Stec, Tedisco, Walczyk, Weber and Weik.

 8                 Ayes, 34.  Nays, 24.

 9                 ACTING PRESIDENT COONEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    100, Senate Print 1919, by Senator Skoufis, an 

13    act to amend the Environmental Conservation 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, 58.

24                 ACTING PRESIDENT COONEY:   The bill 

25    is passed.


                                                               538

 1                 THE SECRETARY:   Calendar Number 

 2    127, Senate Print 620C, by Senator Stavisky, an 

 3    act to amend the Education Law.

 4                 ACTING PRESIDENT COONEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 3.  This 

 7    act shall take effect on the 180th day after it 

 8    shall have become a law.

 9                 ACTING PRESIDENT COONEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT COONEY:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 58.

15                 ACTING PRESIDENT COONEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    138, Senate Print 1329, by Senator Parker, an act 

19    to amend the Public Service Law.

20                 SENATOR LANZA:   Lay it aside.

21                 ACTING PRESIDENT COONEY:   The bill 

22    will be laid aside.

23                 SENATOR GIANARIS:   For the day.

24                 ACTING PRESIDENT COONEY:   For the 

25    day.


                                                               539

 1                 THE SECRETARY:   Calendar Number 

 2    141, Senate Print 1847, by Senator Comrie, an act 

 3    to amend the Public Service Law.

 4                 SENATOR LANZA:   Lay it aside.

 5                 ACTING PRESIDENT COONEY:   The bill 

 6    will be laid aside.

 7                 THE SECRETARY:   Calendar Number 

 8    161, Senate Print 2534, by Senator Sanders, an 

 9    act to amend the Administrative Code of the City 

10    of New York.

11                 ACTING PRESIDENT COONEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.  

15                 ACTING PRESIDENT COONEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT COONEY:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 58.

21                 ACTING PRESIDENT COONEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    167, Senate Print 1468, by Senator Serrano, an 

25    act to amend the Public Health Law.


                                                               540

 1                 ACTING PRESIDENT COONEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 7.  This 

 4    act shall take effect on the first of January.  

 5                 ACTING PRESIDENT COONEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT COONEY:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 167, voting in the negative:  

12    Senator Walczyk.

13                 Ayes, 57.  Nays, 1.

14                 ACTING PRESIDENT COONEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    168, Senate Print 1619, by Senator Rivera, an act 

18    to amend the Education Law.

19                 ACTING PRESIDENT COONEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 3.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT COONEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               541

 1                 ACTING PRESIDENT COONEY:   Announce 

 2    the results.  

 3                 THE SECRETARY:   In relation to 

 4    Calendar Number 168, voting in the negative:  

 5    Senator Walczyk.

 6                 Ayes, 57.  Nays, 1.

 7                 ACTING PRESIDENT COONEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    171, Senate Print 2505A, by Senator Brisport, an 

11    act to establish a task force on education 

12    diversity in New York State.

13                 ACTING PRESIDENT COONEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 4.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT COONEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT COONEY:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 171, voting in the negative are 

24    Senators Borrello, Lanza, Oberacker and Ortt.  

25    Also Senator Stec.  Also Senator Weik.


                                                               542

 1                 Ayes, 52.  Nays, 6.

 2                 ACTING PRESIDENT COONEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    174, Senate Print 190, by Senator Martinez, an 

 6    act to amend the Volunteer Firefighters Benefit 

 7    Law.

 8                 ACTING PRESIDENT COONEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 3.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT COONEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT COONEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 58.

18                 ACTING PRESIDENT COONEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    178, Senate Print 4075A, by Senator 

22    Scarcella-Spanton, an act in relation to 

23    authorizing the Silver Lake Foundation, Inc., to 

24    receive retroactive real property tax-exempt 

25    status.


                                                               543

 1                 ACTING PRESIDENT COONEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT COONEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT COONEY:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 58.

11                 ACTING PRESIDENT COONEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    187, Senate Print 2040, by Senator Gianaris, an 

15    act to amend the Banking Law.

16                 ACTING PRESIDENT COONEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect on the 180th day after it 

20    shall 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.


                                                               544

 1                 THE SECRETARY:   In relation to 

 2    Calendar 187, voting in the negative are 

 3    Senators Borrello, Chan, Gallivan, Griffo, 

 4    Helming, Martins, Oberacker, Ortt, Palumbo, Stec, 

 5    Tedisco and Walczyk.

 6                 Ayes, 46.  Nays, 12.

 7                 ACTING PRESIDENT COONEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    192, Senate Print 1514, by Senator Harckham, an 

11    act to amend the Labor Law.

12                 SENATOR GIANARIS:   Lay it aside for 

13    the day.

14                 ACTING PRESIDENT COONEY:   The bill 

15    will be laid aside for the day.

16                 THE SECRETARY:   Calendar Number 

17    195, Senate Print 1540, by Senator Jackson, an 

18    act to amend the Civil Service Law.

19                 ACTING PRESIDENT COONEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT COONEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               545

 1                 ACTING PRESIDENT COONEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 58.

 4                 ACTING PRESIDENT COONEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    196, Senate Print 2264, by Senator Cooney, an act 

 8    to amend the Civil Service Law.

 9                 ACTING PRESIDENT COONEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT COONEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT COONEY:   Announce 

17    the results.

18                 THE SECRETARY:   In relation to 

19    Calendar 196, voting in the negative:  

20    Senator Walczyk.

21                 Ayes, 57.  Nays, 1.

22                 ACTING PRESIDENT COONEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    203, Senate Print 866, by Senator Bailey, an act 


                                                               546

 1    to amend the Penal Law.

 2                 ACTING PRESIDENT COONEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT COONEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT COONEY:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 58.

12                 ACTING PRESIDENT COONEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    208, Senate Print 489, by Senator Fernandez, an 

16    act to amend the Public Health Law.

17                 ACTING PRESIDENT COONEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect on the first of January.  

21                 ACTING PRESIDENT COONEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT COONEY:   Announce 

25    the results.


                                                               547

 1                 THE SECRETARY:   Ayes, 58.

 2                 ACTING PRESIDENT COONEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    209, Senate Print 1731, by Senator Fahy, an act 

 6    to amend the Mental Hygiene Law.

 7                 ACTING PRESIDENT COONEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect on the 30th day after it 

11    shall have become a law.

12                 ACTING PRESIDENT COONEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT COONEY:   Senator 

16    Fahy to explain her vote.

17                 SENATOR FAHY:   Thank you.  Thank 

18    you, Mr. President.  

19                 I rise to just talk about this is a 

20    renaming of an OASAS scholarship in honor of 

21    Father Peter Young, who was a Roman Catholic 

22    priest here in Capital Region for more than 

23    60 years, known for his work in helping people 

24    struggling with addiction, incarceration and 

25    homelessness.  


                                                               548

 1                 This program would be renamed in his 

 2    honor.  Again, it's an OASAS scholarship.  And 

 3    it's one to train those who are in -- treating 

 4    those with addictions.  It supports those in 

 5    treatment, prevention, recovery.  

 6                 He first trained as a chaplain at 

 7    Mount McGregor Corrections facility in the 1960s.  

 8    That's where he learned that addiction and 

 9    poverty often ends up with folks in prison.  

10                 And he was the one who became a 

11    trailblazer among trailblazers in criminal 

12    justice reform, particularly in treating 

13    addiction, and really began to educate all of us 

14    on how addiction is a disease, not a character 

15    flaw.

16                 He ended up serving individuals -- 

17    the Father Peter Young Industries ended up 

18    serving people in 60 New York counties.  So it 

19    was quite widespread.  

20                 Renaming of this scholarship would 

21    connect students with his extraordinary legacy of 

22    courage and hope, qualities that are often needed 

23    with those fighting addiction and in recovery.  

24                 And with that, Mr. Speaker, I -- 

25    sorry, Mr. President -- I vote in the 


                                                               549

 1    affirmative, thank you.  

 2                 Old habits die hard.  

 3                 (Laughter.)

 4                 ACTING PRESIDENT COONEY:   That's 

 5    okay.  Senator Fahy to be recorded in the 

 6    affirmative.

 7                 The Secretary will announce the 

 8    results.

 9                 THE SECRETARY:   Ayes, 58.

10                 ACTING PRESIDENT COONEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    213, Senate Print 1239E, by Senator Kavanagh, an 

14    act to amend the Agriculture and Markets Law.

15                 SENATOR LANZA:   Lay it aside.

16                 ACTING PRESIDENT COONEY:   The bill 

17    will be laid aside.

18                 Senator Gianaris, that completes the 

19    reading of today's calendar.

20                 SENATOR GIANARIS:   Let's go to the 

21    controversial calendar, please.

22                 ACTING PRESIDENT COONEY:   The 

23    Secretary will ring the bell.

24                 The Secretary will read.

25                 THE SECRETARY:   Calendar Number 


                                                               550

 1    141, Senate Print 1847, by Senator Comrie, an act 

 2    to amend the Public Service Law.

 3                 ACTING PRESIDENT COONEY:   Senator 

 4    Lanza, why do you rise?

 5                 SENATOR LANZA:   Mr. President, I 

 6    believe there's an amendment at the desk.  I 

 7    waive the reading of that amendment and ask that 

 8    you recognize Senator Walczyk.  

 9                 ACTING PRESIDENT COONEY:   Thank 

10    you, Senator Lanza.  

11                 Upon review of the amendment, in 

12    accordance with Rule 6, Section 4B, I rule it 

13    nongermane and out of order.

14                 SENATOR LANZA:   Accordingly, 

15    Mr. President, I appeal the ruling of the chair 

16    and ask that Senator Walczyk be heard on that 

17    appeal.

18                 ACTING PRESIDENT COONEY:   The 

19    appeal has been made and recognized.  Senator 

20    Walczyk may be heard.

21                 SENATOR WALCZYK:   Oh, 

22    Mr. President, maybe I can convince my colleagues 

23    on the germaneness.  I'm disappointed in your 

24    ruling.

25                 This bill is indeed germane to the 


                                                               551

 1    bill-in-chief because the bill-in-chief requires 

 2    the Public Service Commission to consider the 

 3    economic impact of utility rates and charges, and 

 4    this amendment allows uncommitted funds and the 

 5    New York State Climate Investment Account within 

 6    NYSERDA to be returned directly to the ratepayers 

 7    as a bill credit.

 8                 According to NYSERDA's financial 

 9    plan for fiscal year 2025, the agency's 

10    anticipated net position will exceed $2 billion.  

11    And that's at the close of last year.  This year 

12    it will grow to approximately $2.2 billion.  

13                 At a time when New Yorkers are 

14    struggling to pay skyrocketing utility bills, 

15    your offices, our offices, the Governor's office, 

16    everyone is receiving phone calls about these 

17    bills.  These funds should be returned to the 

18    ratepayers rather than sitting idle in NYSERDA's 

19    coffers.  Providing bill credits would deliver 

20    immediate, tangible relief to families and 

21    businesses facing escalating energy coasts.

22                 There's no compelling rationale for 

23    allowing these off-budget surplus funds to remain 

24    unused from the previous year when they could be 

25    applied directly to lessening the burden of 


                                                               552

 1    ratepayers today.

 2                 This amendment is particularly 

 3    timely given the increased supply costs resulting 

 4    from the current frigid weather.  You may have 

 5    noticed that utility prices are skyrocketing now.  

 6    And that additional strain is going right to the 

 7    ratepayers.  

 8                 And let me just read, because 

 9    Senator Tom O'Mara, who is doing his job as 

10    Finance ranker right now in a budget hearing, 

11    wrote in his sponsor's memo -- and I want to make 

12    it clear what this amendment is so that when 

13    you're considering the germaneness and your vote, 

14    you can know what we're bringing forward here.  

15                 I know the president has already 

16    reviewed this and made a ruling that it was 

17    nongermane, but I would like all of you to listen 

18    to the sponsor's justification in this amendment.

19                 This bill ensures that any 

20    uncommitted funds remaining in the Climate 

21    Investment Account at the close of each fiscal 

22    year, specifically those collected from a utility 

23    ratepayers on a bill-as-you-go basis, under the 

24    Public Service Commission's Clean Energy Fund 

25    framework, are returned to those who paid into 


                                                               553

 1    the system.

 2                 The Clean Energy Fund was designed 

 3    to support the state's clean energy transition 

 4    through targeted investments in innovation, 

 5    market developments, and energy efficiency.  

 6    However, often funds collected for this purpose 

 7    remain unused or uncommitted at the end of the 

 8    fiscal cycle, thus allowing them to sit idle or 

 9    be redirected without oversight, which undermines 

10    the principles of transparency, fiscal 

11    responsibility, and fairness to ratepayers.

12                 By crediting these uncommitted funds 

13    back to the ratepayers -- not into the 

14    General Fund, not sitting idly with NYSERDA, but 

15    crediting them back to the ratepayers -- this 

16    measure reinforces public trust, prevents 

17    overcollection and creates a built-in 

18    accountability mechanism for those funds.  

19                 It aligns with the broader goals of 

20    equitable energy policy by ensuring that 

21    New Yorkers are not unduly burdened by clean 

22    energy surcharges, and that funds collected in 

23    their name are actively invested in the state -- 

24    that's what they were designed for, that's what 

25    you passed them for -- or, if they're not 


                                                               554

 1    invested, returned directly to the ratepayers.

 2                 We can do something about energy 

 3    prices in New York State right now, today.  You 

 4    can support this amendment, take the $2 billion 

 5    that is sitting unspent, and send it directly 

 6    back to ratepayers.  

 7                 So please vote to overrule the 

 8    ruling of the chair.  Let's pass this, let's 

 9    lower people's energy bills today.  Yesterday you 

10    passed a number of bills; none of them will lower 

11    people's energy bills today.  This amendment that 

12    I offer up in the great language that Senator 

13    O'Mara has put together will lower people's 

14    energy bills today.

15                 Thank you for your consideration in 

16    overruling the ruling of the president.  

17                 Thank you, Mr. President.  

18                 ACTING PRESIDENT COONEY:   Thank 

19    you, Senator.

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.")


                                                               555

 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, 21.

 6                 ACTING PRESIDENT COONEY:   The 

 7    ruling of the chair stands, and the bill-in-chief 

 8    is before the house.

 9                 Read the last section.

10                 THE SECRETARY:   Section 6.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT COONEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT COONEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT COONEY:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar Number 141, voting in the negative are 

22    Senators Borrello, Canzoneri-Fitzpatrick, 

23    Palumbo, Walczyk, Weber and Weik.

24                 Ayes, 52.  Nays, 6.

25                 ACTING PRESIDENT COONEY:   The bill 


                                                               556

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    213, Senate Print 1239E, by Senator Kavanagh, an 

 4    act to amend the Agriculture and Markets Law.

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    Borrello, why do you rise? 

 7                 SENATOR BORRELLO:   Good afternoon, 

 8    Mr. President.

 9                 ACTING PRESIDENT COONEY:   Good 

10    afternoon.

11                 SENATOR BORRELLO:   Would the 

12    sponsor yield for a question?

13                 SENATOR KAVANAUGH:   Avidly, 

14    Mr. President.

15                 ACTING PRESIDENT COONEY:   The 

16    sponsor yields.

17                 SENATOR BORRELLO:   All right.  I'm 

18    going to start off by giving you what I think 

19    might be some late-breaking news from the FDA.  

20                 I don't know if you saw this 

21    announcement this morning, but the Food and Drug 

22    Administration has taken additional steps to make 

23    it easier for people to remove these 

24    petroleum-based dyes.  

25                 With regard to the industry, 


                                                               557

 1    according to Health and Human Services Secretary 

 2    RFK Jr., they're now going to allow them to 

 3    use -- they have now approved beetroot red and 

 4    spirulina extract as natural additives, and make 

 5    it easier for them to determine if something is 

 6    actually not artificial but is actually natural.

 7                 So with all that said -- I'm glad 

 8    that you agree with the Trump administration and 

 9    what they're doing to make America healthier 

10    again -- do we really need this bill specifically 

11    for New York State?  

12                 SENATOR KAVANAGH:   Thank you.  

13    Thank you, Mr. President.  Thank you, my 

14    colleague, for the question.

15                 The answer is yes.  What this bill 

16    does is ban three specific substances and, in 

17    addition, requires that ingredients that are 

18    added to food, mostly by large national producers 

19    of food, when they are not disclosed to the FDA 

20    in the presence of the food or the use of -- the 

21    presence of the ingredient or the use of the 

22    ingredient to the FDA, and therefore not publicly 

23    available, that if you want to sell food in 

24    New York, you must disclose to our Agriculture 

25    and Markets Department any ingredients that you 


                                                               558

 1    are otherwise keeping secret.  

 2                 So this bill is mostly -- although 

 3    this bill does ban three specific chemicals -- 

 4    and we can talk more about that aspect of the 

 5    bill, I'd be happy to.  But the Food and Drug 

 6    Administration's actions are welcome, but very 

 7    late.  

 8                 It took the federal Food and 

 9    Drug Administration a decade -- a decade ago they 

10    said you can't use Red Dye No. 3, you can't put 

11    it on your skin, but they've permitted us to eat 

12    it for another decade.  They are now banning 

13    that.  And they're not banning it until next 

14    January, even though it's widely known to be very 

15    problematic from a health perspective.  

16                 We've got states taking action all 

17    over the country.  Texas now requires that if you 

18    use any of 44 ingredients, most of which are 

19    permitted by the FDA, that you print a warning on 

20    the food that says the following:  "Warning.  

21    This product contains an ingredient that is not 

22    recommended for human consumption by the 

23    appropriate authorities in Australia, Canada, the 

24    European Union, or the United Kingdom."  

25                 That is a Texas-wide restriction 


                                                               559

 1    that has been passed by the Texas Legislature and 

 2    signed by Governor Abbott.

 3                 So I'm happy to agree -- if the 

 4    Trump administration's going to ban three 

 5    ingredients, I hope my colleague will agree with 

 6    the Republican governor of Texas that we should 

 7    continue to take action on this.

 8                 SENATOR BORRELLO:   Mr. President, 

 9    will the sponsor continue to yield?

10                 SENATOR KAVANAUGH:   Happily, 

11    Mr. President.  

12                 ACTING PRESIDENT COONEY:   The 

13    sponsor yields.  

14                 SENATOR BORRELLO:   Well, it's a red 

15    day and a red state -- a red dye day and a red 

16    state day, it appears.  You've agreed now with 

17    Governor Abbott, President Trump, RFK Jr.  It all 

18    sounds good.  

19                 Do you have an Assembly sponsor for 

20    this bill?

21                 SENATOR KAVANAUGH:   We do have an 

22    Assembly sponsor, Anna Kelles, who has a 

23    doctorate in nutritional epidemiology.  

24                 The only -- the bills are not 

25    currently same-as because in our bill -- because 


                                                               560

 1    a G has turned to an H in one -- the bill amends 

 2    Section 199G of a law, and there is now another 

 3    199G, so the Assembly decided to switch that to 

 4    199H.  But the bills are otherwise identical.  

 5                 SENATOR BORRELLO:   Mr. President, 

 6    will the sponsor continue to yield?  

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 SENATOR KAVANAUGH:   Yes, 

10    Mr. President.

11                 ACTING PRESIDENT COONEY:   The 

12    sponsor yields.

13                 SENATOR BORRELLO:   So we don't have 

14    matching legislation in either house.  This bill 

15    gives up to three years for these products to 

16    still be sold in New York State, and yet they're 

17    going to be banned federally in January, as you 

18    just mentioned.  

19                 So why -- why do we need this bill?  

20                 SENATOR KAVANAGH:   Mr. President, 

21    with great effect, the products in this bill are 

22    not going to be banned federally.  The -- my 

23    colleague mentioned a couple of ingredients that 

24    are not mentioned in this bill.  

25                 This bill bans three specific 


                                                               561

 1    chemicals.  We can talk -- I'm happy to talk 

 2    about those chemicals if we want.  But the core 

 3    of this bill is the principle that we should not 

 4    permit people to sell food for consumption by 

 5    New Yorkers without disclosing the chemicals that 

 6    they are adding to these foods under a 

 7    longstanding loophole in federal law that the 

 8    federal government has not proposed to close, the 

 9    FDA or anybody else has proposed to close.  

10                 The principle here is if you want to 

11    sell food to New Yorkers, you should not have 

12    secret ingredients made by chemical companies 

13    because they supposedly have various benefits in 

14    food.  This is not a bill that bans those 

15    chemicals.  It simply requires that chemical 

16    companies and food producers disclose the 

17    presence of those chemicals and disclose the 

18    science behind why they believe those chemicals 

19    to be safe.  

20                 Which, under federal law, they're 

21    already required to do.  They are required to do 

22    the scientific analysis.  They are just not 

23    required to disclose that analysis to anybody 

24    unless that analysis proves to them that the 

25    substance is carcinogenic.  


                                                               562

 1                 This is a huge loophole in our laws.  

 2    Most other jurisdictions in the world have no 

 3    such loophole.  In most places in the world 

 4    you've got to disclose what's in people's food, 

 5    and people can determine whether it's safe.  We 

 6    have an enormous loophole.  

 7                 I and I'm sure my colleague and many 

 8    others of us have been lobbied by the food 

 9    industry.  They are not -- they're asserting some 

10    changes are happening at the FDA, some more 

11    changes they're expecting in July.  They are not 

12    asserting that there is a current plan to chose 

13    this particular loophole in federal law.  

14                 And so under federal law you can 

15    continue to sell food in New York and everywhere 

16    else in America with ingredients -- and the 

17    presen -- it's not just a question of whether 

18    they're banned or not, the presence of the 

19    ingredients and their safety profile is not 

20    disclosed either at the federal level or the 

21    state level, currently, and we can fix that here 

22    in New York.

23                 SENATOR BORRELLO:   Thank you.  

24                 On the bill.

25                 ACTING PRESIDENT COONEY:   Senator 


                                                               563

 1    Borrello on the bill.

 2                 SENATOR BORRELLO:   Thank you, 

 3    Senator Kavanagh.

 4                 You'd said some interesting things 

 5    that -- my colleagues said some interesting 

 6    things, Mr. President, that this has been known 

 7    for 10 years to be a loophole here in New York 

 8    State.  

 9                 Last I knew, this bill hasn't really 

10    gone anywhere until recently, until the Trump 

11    administration and the MAHA movement came forward 

12    saying, We're going to do something about this.  

13                 Because we had lots of years to do 

14    it, right?  Even at the federal level.  We could 

15    have done it under the Biden administration.  We 

16    could have done it right here in Albany for the 

17    last 10 years, with the knowledge that this is a 

18    problem.  

19                 I don't disagree that these things 

20    should be taken out of our food and there should 

21    be disclosure.  I agree with that.  I think 

22    having the industry already moving that way, 

23    having a national initiative that's going to make 

24    it universal is the responsible way to do it.  

25                 And we're seeing that today.  We're 


                                                               564

 1    seeing -- making it much easier for these 

 2    companies to use alternative ingredients that are 

 3    better for us, and healthier.  That's a good way 

 4    to do this.  

 5                 So to say now all of a sudden that 

 6    here in New York State, after knowing for a 

 7    decade that this is a problem, we're now going to 

 8    do it.  We're going to rush it through.  But 

 9    we're really not.  We don't have matching bills.  

10    We're giving them three years.  People can still 

11    buy the stuff, right, they just can't get it 

12    here.  

13                 You know, where I live the State of 

14    Pennsylvania is literally, you know, on the 

15    border of my district.  You can -- people go 

16    shopping in Erie, Pennsylvania, all the time in 

17    my district, so it's not going to stop them from 

18    buying those foods.  

19                 Because people make choices, right?  

20    Now, you might say, well, they need to know 

21    what's in it.  There's lots of things that that 

22    should apply to.  Unfortunately, not everything 

23    can be done as easily and simply as we sometimes 

24    describe it to be.

25                 So I believe that this is going to 


                                                               565

 1    be burdensome.  It's quite frankly just a 

 2    political move, in my opinion, in a lot of ways.  

 3    And I realize that I'm one of the few no votes 

 4    here.  I get that.  But the reality is this is 

 5    already happening.  It is a movement that is 

 6    supported by grassroots people across the 

 7    United States, people who suffer from issues and 

 8    sometimes chronic diseases because of what they 

 9    think is in their food that impacts them.  

10                 So I get that.  That's a good thing.  

11    The Trump administration, RFK Jr., and the 

12    organization that represents these manufacturers 

13    themselves are all moving in that direction.  

14                 But we're going to get up and say, 

15    Oh, no, we did it first.  Nah, that doesn't pass 

16    muster with me.  Okay?  

17                 We need a national standard so this 

18    can be done effectively, more quickly, honestly, 

19    because it's going to take three years for this 

20    to be implemented here, essentially.  And really 

21    not in a way that's going to make it easy, I 

22    think, for this to actually be implemented.  

23                 So I will continue to be a no vote 

24    on this bill.  I understand my colleague's 

25    intentions and yes vote.  But in the end, I don't 


                                                               566

 1    know that this is really the best way to go about 

 2    it.  

 3                 So thank you, Mr. President.

 4                 ACTING PRESIDENT COONEY:   Thank 

 5    you, Senator Borrello.

 6                 Are there any other Senators wishing 

 7    to be heard?  

 8                 Seeing and hearing none, debate is 

 9    now closed.  

10                 Senator Serrano.

11                 SENATOR SERRANO:   Upon consent, 

12    we've agreed to restore Calendar 213 to the 

13    noncontroversial calendar.

14                 ACTING PRESIDENT COONEY:   It will 

15    be returned to the noncontroversial calendar.  

16                 Read the last section.

17                 THE SECRETARY:   Section 8.  This 

18    act shall take effect one year after it shall 

19    have become a law.

20                 ACTING PRESIDENT COONEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT COONEY:   Senator 

24    Oberacker to explain his vote.

25                 SENATOR OBERACKER:   Thank you, 


                                                               567

 1    Mr. President.

 2                 First and foremost, I want to take a 

 3    moment and thank Senator Kavanagh for his 

 4    leadership on this bill, especially in our final 

 5    year.  It's been a pleasure working with you.

 6                 This bipartisan bill focuses on 

 7    protecting children's health and giving families 

 8    transparency about what's in their food.  It's 

 9    not a partisan issue.  It's a commonsense issue. 

10                 As a food scientist, I can clearly 

11    say this bill is achievable.  Food companies work 

12    within strict specifications and nutritional 

13    requirements.  I know this, I've done this.

14                 Reformulating a product using an 

15    alternative color source is not only possible, 

16    it's already being done.  And when companies say 

17    change will cost more, the reality is natural 

18    alternatives already exist, including oleoresins 

19    when we're talking color, and other enhancers 

20    that can replace synthetic dyes without 

21    sacrificing quality.

22                 This legislation is not about fear 

23    or alarm, it's about understanding what actually 

24    is in our food for our children and which they 

25    are eating every day.


                                                               568

 1                 The chemical names can sound scary 

 2    without --  when context actually matters.  And I 

 3    notice some of us, I'm looking around, I see some 

 4    blue bottles of dihydrogen oxide or CO2.  If I 

 5    was to say that there wouldn't be any -- 

 6    Senator Borrello, you can partake.  

 7                 So they do sound scary.  And my role 

 8    here is to separate real health and health 

 9    concerns from confusion.  

10                 And what's proposed in this bill -- 

11    this bill is sound, it's sensible, and the 

12    framework is grounded in science.  And I'm proud, 

13    I am proud to sponsor this bill because, as 

14    someone who has formulated food products 

15    firsthand, I know this can be done.  And I 

16    believe New York should lead when it comes to 

17    food safety and transparency.

18                 And I proudly vote aye.

19                 Thank you, Mr. President.

20                 ACTING PRESIDENT COONEY:   Senator 

21    Oberacker to be recorded in the affirmative.

22                 Senator Kavanagh to explain his 

23    vote.

24                 SENATOR KAVANAGH:   Thank you, 

25    Mr. President.  


                                                               569

 1                 Let me use just a little bit of my 

 2    time to clarify a few things that have been said.

 3                 First of all, this bill is not a 

 4    response to the Trump administration.  It's not a 

 5    response to the MAHA movement.  I honestly had 

 6    never heard of the MAHA movement when we 

 7    introduced this bill because it was February 2024 

 8    when we introduced this bill.  And at least I did 

 9    not anticipate a second Trump administration at 

10    that point, although perhaps some folks did.  

11                 This is a bill that results from our 

12    work on national food safety.  I was attending 

13    national food safety conferences, and the 

14    Center for Science in the Public Interest and the 

15    Environmental Working Group and Consumer Reports 

16    and pediatricians all over the country had 

17    flagged the fact that there are numerous 

18    chemicals in our food that are undisclosed under 

19    federal law and are widely perceived to be one of 

20    the reasons why our food safety system is 

21    failing.  

22                 So we introduced this bill -- again, 

23    in the early part of 2024.  We spent a long time 

24    thinking about it and negotiating it, discussing 

25    it, and then we passed it on this floor last 


                                                               570

 1    year.  And we passed it with numerous amendments 

 2    that were intended to respond to concerns we 

 3    heard from small businesses, from others.  

 4                 The second thing I want to clarify 

 5    is this bill goes into effect one year from the 

 6    date it shall have become law.  There is an 

 7    additional provision that says if you have food 

 8    on your shelves and you're a retailer and that 

 9    food would otherwise be prohibited by this bill, 

10    you can sell that food for an additional -- until 

11    the earlier of three years from the date of 

12    effectiveness or the best-by date.  

13                 And that was intended to deal with 

14    situations where you didn't want retailers to 

15    have to clear their shelves of or, frankly, check 

16    the -- you know, check the ingredients list and 

17    go to national databases to figure out whether -- 

18    statewide databases to figure out whether the 

19    food was legal or not legal.  

20                 So that was a consideration we put 

21    in very early in this process for our retailers.  

22                 I would note that the coalition of 

23    giant food producers that are heavily lobbying 

24    against this bill do not think this loophole is 

25    going to be closed at the federal level.  In 


                                                               571

 1    fact, they have been lobbying for more than a 

 2    decade to prevent this loophole from being closed 

 3    at the federal level.  And they are not asserting 

 4    that this loophole is going to be closed at the 

 5    federal level now.

 6                 I will also note, when they put out 

 7    a memo about this bill in the very last days of 

 8    May last year, right around the time we were 

 9    debating it, they included among the purported 

10    opponents the small bodega -- the Bodega and 

11    Small Business Association of the State of 

12    New York.  

13                 The Bodega and Small Business 

14    Association put out their own memo in support of 

15    this bill, because our small businesses 

16    understand that big food companies should not be 

17    providing unknown chemicals in food that they're 

18    selling in their communities.

19                 The -- ironically, the national 

20    associations are telling us that one of the 

21    problems with this bill is if that -- if food -- 

22    if giant food companies were to sell food that's 

23    illegal, that somehow the bodega owners would be 

24    responsible when they turn around and sell the 

25    food.  There's no reason to think that might 


                                                               572

 1    occur.  

 2                 But again, these are giant food 

 3    companies telling us if they keep the 

 4    ingredient -- if they sell things illegally in 

 5    our state, the problem is that other people will 

 6    be held accountable.  This bill will hold them 

 7    accountable.  

 8                 And more than that, once again, this 

 9    is a bill that is, in addition to three widely 

10    banned ingredients, this bill is primarily about 

11    disclosing to our consumers what is in their food 

12    in a way that is transparent that all of us and 

13    scientists and others can review to make sure 

14    we're selling food as safely as possible.

15                 And the numerous consumer brands, 

16    you know, and chemical companies -- Danone and 

17    Diageo and Eastman and Mondelez and Coca-Cola and 

18    Smucker's and McCormick and all these companies, 

19    PepsiCo and Safeway and all these companies that 

20    are producing food and relying on the trust of 

21    consumers should stop opposing the simple premise 

22    that what goes in the food is disclosing -- I'm 

23    proud -- it should be disclosed, and the safety 

24    profile of that should be disclosed as well.

25                 I proudly -- I'm proud to vote aye.


                                                               573

 1                 Thank you.

 2                 ACTING PRESIDENT COONEY:   Senator 

 3    Kavanagh to be recorded in the affirmative.

 4                 Announce the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 213, voting in the negative are 

 7    Senators Ashby and Borrello.

 8                 Ayes, 56.  Nays, 2.

 9                 ACTING PRESIDENT COONEY:   The bill 

10    is passed.

11                 Senator Serrano, that completes the 

12    reading of today's calendar.  

13                 SENATOR SERRANO:   Is there any 

14    further business at the desk?

15                 ACTING PRESIDENT COONEY:   There is 

16    no further business at the desk.

17                 SENATOR SERRANO:   I move to adjourn 

18    until Monday, February 9th, at 3:00 p.m., with 

19    the intervening days being legislative days.

20                 ACTING PRESIDENT COONEY:   On 

21    motion, the Senate stands adjourned until Monday, 

22    February 9th, at 3:00 p.m., with intervening days 

23    being legislative days.

24                 (Whereupon, at 12:19 p.m., the 

25    Senate adjourned.)