Monday, January 27, 2025

Please call on Senator Liu for an introduction.

ACTING PRESIDENT COONEY:Senator Liu for an introduction.

SENATOR LIU:Mr. President, I rise to recognize iMentor NYC, a mentoring program that partners with 12 public high schools in the Bronx, Brooklyn, Manhattan and Queens, offering mentorships and invaluable guidance to primarily first-generation college students.

Their work not only supports academic success but also fosters personal development and prepares students for future challenges in their careers and everyday life.

Since 1999, the program has helped over 40,000 students grow into professional and upstanding members of their community.

I'd like to recognize the 13 students and iMentor staff here today for their hard work and ambition in creating the next generation of leaders, Mr. President.

ACTING PRESIDENT COONEY:Thank you, Senator Liu.

To our guests, I welcome you on behalf of the Senate. We extend to you the privileges and courtesies of this house.

Please rise and be recognized.

(Standing ovation.)

ACTING PRESIDENT COONEY:Senator Gianaris.

SENATOR GIANARIS:Next up we have previously adopted Resolution 229, by Senator Krueger. Please read that resolution's title and, since Senator Krueger is in the midst of budget hearings, please call on Senator Mayer on the resolution.

ACTING PRESIDENT COONEY:The Secretary will read.

THE SECRETARY:Senate Resolution 229, by Senator Krueger, memorializing Governor Kathy Hochul to proclaim January 27, 2025, as Holocaust Remembrance Day in the State of New York.

ACTING PRESIDENT COONEY:Senator Mayer on the resolution.

SENATOR MAYER:Thank you, Mr. Speaker.

It is with a particularly heavy heart this year that I rise to speak in support of Senator Krueger's resolution urging the Governor to proclaim January 27, 2025, as Holocaust Remembrance Day in the State of New York.

This has been an extremely tough two-year period for those who are Jewish and those who are not Jewish who stand in solidarity against antisemitism and hatred.

In the face of rising antisemitism here in our own communities we represent and in this state, in the nation, and sadly in the world, it's absolutely essential that we rise and speak together with one voice in support of this resolution to commemorate this day.

This day was established by the United Nations in 2005. And I'd like to read some of what they said at the time: "Reaffirming that the Holocaust, which resulted in the murder of one-third of the Jewish people, along with countless members of other minorities, will forever be a warning to all people of the dangers of hatred, bigotry, racism and prejudice."

And among the things that they urged us to do is "condemn without reserve all manifestations of religious intolerance, incitement, harassment or violence against persons or communities based on ethnic origin or religious belief wherever they occur."

It's especially fitting this year, on the 80th anniversary of the liberation of the Nazi concentration and extermination camp Auschwitz-Birkenau, that we stand together and we affirm our unity as one body. And we can't just speak together in here. Our job is to speak together outside of here. Our job is to speak up in our communities when we see antisemitism and hatred, as we saw only yesterday in the City of New York, in a restaurant in Brooklyn. And thank goodness so many of my colleagues rose to the defense.

But we need to do that every time, and we need to do it not only in the face of antisemitism, but in the face of hatred.

And I hate to say that this is a moment in Americans' history, in the world's history, where there are warning signs about the rise of hatred and antisemitism. This calls for our renewed vigilance and our determination to turn this away before it gets to a state that we cannot explain and cannot justify.

So I hope all my colleagues will join me not only in supporting this resolution, but promising that they will speak up in their communities and as a state against antisemitism and hatred in all forms.

I thank Senator Liz Krueger for always putting this resolution forward. This is not a resolution for only Jewish members. This is a resolution for all New Yorkers.

I urge a vote of yes. Thank you.

ACTING PRESIDENT COONEY:Thank you, Senator Mayer.

Senator Stavisky on the resolution.

SENATOR STAVISKY:Yes, thank you, Mr. President. And thank you, Senator Krueger and Senator Mayer.

Yes, January 27th is the 80th anniversary of the liberation of the death camp at Auschwitz-Birkenau, where over a million Jewish people were murdered. But there's another date in infamy, and that is this coming Thursday, January 30th, which is the 92nd anniversary of the appointment of Adolf Hitler as chancellor of Germany.

And in a sense when we, as we should, commemorate the 80th anniversary, it's sort of like looking at a book and reading the last chapter first. It really began in 1933 with Hitler's ascension to be chancellor, but it started a long time before that. It started much earlier.

And as Senator Mayer alluded, it started when Jewish-owned shops were vandalized, when there were boycotts, when there were books that were banned and burned. And, yes, we had an attack in Brooklyn on an Israeli restaurant a couple of days ago. That's how it started.

And we are very concerned today that history does not repeat itself. In the words of the Spanish-American philosopher George Santayana, he said -- to paraphrase him -- if we don't learn our history, we're doomed to repeat the mistakes. And we are determined not to repeat the mistakes of the past.

There are attacks not just on Jewish merchants, not just on people -- Asian-American people who were subjected to slurs. This is really a story of hatred amongst everybody, attacks on everybody. And it's wrong.

And as Thomas Jefferson, our third president, said: "Eternal vigilance is the price of liberty." And with this resolution we hope to maintain eternal vigilance, because it is the price of liberty.

Thank you, Mr. President.

ACTING PRESIDENT COONEY:Thank you, Senator.

Senator Canzoneri-Fitzpatrick on the resolution.

SENATOR CANZONERI-FITZPATRICK:Thank you, Mr. President.

Thank you, Senator Mayer and Senator Krueger bringing this important resolution to the floor.

As was stated, January 27th marks the 80th anniversary of the liberation of the concentration camp at Auschwitz-Birkenau.

My dear friend Elly Gross was a Holocaust survivor and told me the story, with great trepidation, of how she stated to me that she killed her mother. And I said, "Elly, how is that possible?"

And Elly told me the story of when she arrived at Auschwitz, that there were two lines. And her brother was younger than her, and he was put on one line, and Elly, who was a teenager, was put on the other line.

And her mother initially was put with Elly. And Elly said, "No, Mom, my brother needs you more. You go with him." And it turned out that that was the line to the gas chamber. And Elly lived with that horrible, horrible guilt her entire life.

She took her experience, though -- she survived being at Auschwitz and the horrors of being there, and then shared her story so that her family's horrific end was not in vain. She wrote books, she spoke at schools, she shared her story so that people would not repeat history, as we just said.

Elly was spared the fate of being sent to the gas chambers because she was old enough to be put to work, because that's how they valued life at that point.

I can only imagine how difficult it was for her to speak about this, but she had the courage to speak out.

Today reminds us of the horrors of the hatred and intolerance, especially in the wake of October 7th. And as we await the release of the remaining hostages from Hamas, we must stand united against all forms of evil and hatred. It serves as a reminder of our need to be vigilant and take decisive action to combat antisemitism and all forms of hate and prejudice.

So thank you again for allowing us to remember those who perished so that history does not repeat itself.

Thank you, Mr. President.

ACTING PRESIDENT COONEY:Thank you, Senator.

Senator Weber on the resolution.

SENATOR WEBER:Thank you, Mr. President.

Thank you to the sponsors for bringing this very important resolution to the floor today.

You know, Holocaust Remembrance Day is something that -- is something that we really take at heart in Rockland community, being a very large and vibrant Jewish community. Most of the residents in my district have firsthand accounts or secondhand accounts of family members perishing during the Holocaust. We also remember the 80th anniversary of the liberation of the Auschwitz concentration camps.

You know, today I rise to remember the 6 million Jews and millions of others who were murdered by the Nazi regime. Today antisemitism is rising in America and around the world, and we must learn from history to ensure that something like this is never permitted to be perpetrated again.

We also need more and more people on both sides of the aisle to speak up and to continually speak out against antisemitism. Notably, there was an incident of antisemitism in Brooklyn just this past weekend.

I proudly represent, as I said earlier, a vibrant Jewish community in Rockland County, and we continue to honor those that perished during World War II.

So thank you for bringing this resolution forward, and thank you for my time.

ACTING PRESIDENT COONEY:Thank you, Senator.

Senator Hoylman-Sigal on the resolution.

SENATOR HOYLMAN-SIGAL:Thank you, Mr. President.

I wanted to thank Senator Krueger and Senator Mayer and Senator Stavisky for leading this very important resolution on Holocaust Remembrance Day.

You know, what I think about, Mr. President, is the recent data on Holocaust denialism, which is spreading disturbingly across this country and across the entire world.

There was an Index of Holocaust Knowledge and Awareness that took into account a number of Western nations, testing the population as to their understanding of this horrific of all crimes that happened.

In the United States it's good to know that 76 percent of all adults surveyed believe something like the Holocaust could happen today, because I think that awareness is so important.

On the other side of the same coin is that the fact that Americans are so uneasy about antisemitism and bigotry and racism in all its forms to think that the vast majority of Americans believe our democracy and our human rights are so fragile that the Holocaust might happen again sends a very stark message, I think, to our fellow Americans.

Nearly half, 48 percent of Americans, those surveyed, were unable to name a single camp or ghetto established by the Nazis during World War II. Twenty-eight percent of Americans thought that less than 2 million Jews were killed in the Holocaust. We know that that number is off by a factor of three. Forty-four percent in the U.S. reported that Holocaust denialism across the United States was common. And 49 percent of adults in the United States reported that Holocaust distortion is widespread.

In New York I wanted you to know that 58 percent of New Yorkers can't name a concentration camp or ghetto -- more than half. And 60 percent of New Yorkers don't know that 6 million Jews were in fact killed.

And, Mr. President, just last week when an American official, behind the seal of the President of the United States, gave a salute that can only remind us of the Nazi horrors, and then followed up with a tweet where he mocked, openly mocked the Holocaust while serving as an American official -- and of course I'm talking about Elon Musk -- is so disturbing that I think we all need to take this moment this day and resolve, each and every one of us, that we will work harder to combat antisemitism in all its forms.

You know, my rabbi once said the answer to antisemitism is to be more Jewish. And I take that to heart. But for Jews and non-Jews alike, and as we speak to our constituents, we must implore and impress upon them that we can never forget the horrors of that dark period, and we have to work to ensure that they never happen again.

So thank you again to my colleagues for sponsoring this resolution, and let us all make certain that when we welcome a stranger to our shores, we keep in mind the MS St. Louis, the ship that was turned away from the shores of Cuba and Miami and Europe, where hundreds of Jews aboard that ship in 1939 were denied entry into the United States, and over a quarter of them ended up being returned to Europe and perishing in the camps.

And again, that's a lesson for today when we see the news about potential raids on our own fellow New Yorkers who are seeking asylum in our state.

Thank you, Mr. President.

ACTING PRESIDENT COONEY:Thank you, Senator.

Senator Scarcella-Spanton on the resolution.

SENATOR SCARCELLA-SPANTON:Thank you.

And thank you to the sponsors for bringing this resolution and honoring those who were lost in the Holocaust.

I have the privilege of representing the largest community of Holocaust survivors in the State of New York, and today and every day I am in awe of their resilience. The stories that they have shared remain a somber reminder of the importance of reflecting on the horrors that they and their loved ones witnessed and experienced, and vowed to let them never repeat.

I would be remiss not to mention that just last week in my district there was a brutal attack of a taxi driver in Coney Island. They stole the Star of David necklace right off of his neck, and he was beaten, robbed and later died in the hospital.

Antisemitism is alive and well. It's horrifying, and we must never, ever forget.

Many of the survivors have formed organizations to keep their history alive, and they support one another. I'm so proud that I'm able to support them, including the Holocaust Remembrance Association led by my dear friend, Mr. Sam Bykov; the American Association of Invalids and Veterans of World War II; the Association of East European Jewry; and many others.

These people work tirelessly to make sure that their history is remembered, their stories are shared, and that survivors have the resources and services that they need to support their communities.

Thank you, everyone, for continuing to work to memorialize this part of our collective history. And I look forward to continuing to support our Holocaust survivors and making sure that we fight antisemitism in every way possible.

Thank you.

ACTING PRESIDENT COONEY:Thank you, Senator.

Senator Martins on the resolution.

SENATOR MARTINS:Thank you, Mr. President.

And I'd also like to thank the sponsor for this resolution.

You know, I believe the answer to antisemitism, Mr. President, is to be more human. For those of us who are not Jews, I believe that it's a question of humanity. We should all be more human and understand the horrors and the suffering of the systemic annihilation of 6 million people for no reason other than their religious beliefs. The hate that stands behind such an act is hard to understand, but it's important that we all sit here and we learn from it.

And I would caution anyone from drawing comparisons. Because as you draw comparisons to modern day, I fear that in those comparisons we actually minimize the tragedy and the horror of the Holocaust by using references to today, whatever those references happen to be.

So let's understand that when 6 million people died because of systemic hate, that we as a world, one, obviously are cheapened by it, but also have an opportunity to ensure, and we say it time and again: Never again.

The United Nations General Assembly designated today, January 27th, as the anniversary of the liberation of Auschwitz and Birkenau as International Holocaust Remembrance Day. So we are here for that purpose.

We all remember the horrors in Israel just 15 months ago, the hate behind that. We've all seen the demonstrations on our college campuses and across this country, I believe motivated also by hate, misunderstanding, or just uneducated people who are allowed to lash out.

It's hate. I don't want to hear about free speech in the context of hate. There is no such thing when we talk about the systemic annihilation of an entire group because of their religious beliefs, Mr. President.

And so I want to thank the sponsor again for the opportunity not only to speak on this resolution, but to come together, both sides of the aisle, both reiterating the same important point today. Let's reaffirm our humanity, each and every one of us. Let's stop the comparisons for political purposes. Let's understand what's at stake here and what happened. And let's vow to never allow it to happen again under any circumstances.

And we do not forgive hate or bad behavior under any circumstances, Mr. President.

I'm happy to sign on to this resolution. Thank you.

ACTING PRESIDENT COONEY:Thank you, Senator.

Senator Rhoads on the resolution.

SENATOR RHOADS:Thank you, Mr. President.

And I too want to rise and thank the sponsors of this resolution for allowing us the opportunity to pause today and recognize the absolute horrors of the Holocaust, and to remind not just ourselves but all New Yorkers of our responsibility not just to remember, not just to educate, but also to act.

And recognize that man's inhumanity to man did not just occur during the Holocaust, that we see man's inhumanity to man displayed in the acts that we witnessed in Israel on October 7th, the continued demonstrations of man's inhumanity to man as we continue to see hostages being held, separated from their families.

But also what we see happening right here in our own State of New York, where we try to preach tolerance and understanding. It's a challenge for us not just to speak out today, but it's a challenge for us to act out today and every day to not only address things that are going on in our communities, but to take legislative action to address some of what we see.

There are a number of bills that have been filed, certainly in the Minority Conference, giving judges the authority to require or deny bail for someone arrested for hate crimes, to deny state-funded tuition assistance for students that are engaging in antisemitic behavior. To require colleagues to report antisemitic activity, and provide antisemitic awareness and prevention training.

To prohibit state funding for SUNY and CUNY and community colleges that permit terrorist organizations like Hamas on their campuses. To expand New York's hate crime laws to include people who trespass at a house of worship or protesters who obstruct traffic and restrict access to buildings.

To increase funding for the Securing Communities Against Hate Crimes grant program, and expand eligibility to include small businesses. And to ban deceptive face coverings at public protests to prevent those who commit vandalism or violence from hiding their identities to evade law enforcement.

And as we gather together in a bipartisan way to remember the horrific acts of the Holocaust and to condemn antisemitism, let us also work in a bipartisan fashion to bring these pieces of legislation and others that have been filed to the floor to address some of the root causes of antisemitism and to keep our communities safer.

Again, thank you to the sponsors of this resolution. And thank you, Mr. President, for being recognized.

ACTING PRESIDENT COONEY:Thank you, Senator.

The resolution was adopted on January 22nd.

Senator Gianaris.

SENATOR GIANARIS:Mr. President, I know that Senator Krueger would like to open that resolution for cosponsorship.

ACTING PRESIDENT COONEY:The resolution is open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.

Senator Gianaris.

SENATOR GIANARIS:There will be an immediate meeting of the Rules Committee in Room 332.

ACTING PRESIDENT COONEY:There will be an immediate meeting of the Rules Committee in Room 332.

SENATOR GIANARIS:The Senate stands at ease.

ACTING PRESIDENT COONEY:The Senate stands at ease.

(Whereupon, the Senate stood at ease at 4:04 p.m.)

(Whereupon, the Senate reconvened at 4:16 p.m.)

ACTING PRESIDENT COONEY:The Senate will return to order.

Senator Gianaris.

ACTING PRESIDENT COONEY:There's a report of the Rules Committee at the desk.

Can we take that up, please.

ACTING PRESIDENT COONEY:The Secretary will read.

THE SECRETARY:Senator Stewart-Cousins, from the Committee on Rules, reports the following bills:

Senate Print 265, by Senator Harckham, an act in relation to directing the State Board of Real Property Tax Services to conduct a study on real property tax saturation;

Senate Print 762A, by Senator Cleare, an act to amend the Public Health Law;

Senate Print 904, by Senator Gonzalez, an act to amend the Public Service Law;

Senate Print 1327, by Senator Parker, an act to amend the Public Service Law;

Senate Print 1329, by Senator Parker, an act to amend the Public Service Law;

Senate Print 1330, by Senator Parker, an act to amend the Public Service Law;

Senate Print 1701, by Senator Mayer, an act to amend the Public Service Law;

Senate Print 1847, by Senator Comrie, an act to amend the Public Service Law;

Senate Print 1896, by Senator Mayer, an act to amend the Public Service Law;

Senate Print 1966, by Senator Chris Ryan, an act to amend the Social Services Law;

Senate Print 2124, by Senator Kavanagh, an act to amend the Tax Law;

Senate Print 2182, by Senator Hinchey, an act to amend the Public Service Law;

Senate Print 2668, by Senator Cleare, an act to amend a chapter of the Laws of 2024;

Senate Print 2669, by Senator Hinchey, an act to amend the Public Health Law;

Senate Print 2670, by Senator Hoylman-Sigal, an act to amend the Real Property Law;

Senate Print 2671, by Senator Baskin, an act to amend the State Finance Law;

Senate Print 2672, by Senator May, an act to amend the General Business Law;

Senate Print 2673, by Senator Salazar, an act to amend the Correction Law;

Senate Print 2674, by Senator Hoylman-Sigal, an act to amend the Criminal Procedure Law;

Senate Print 2675, by Senator Fahy, an act to amend the Public Health Law;

Senate Print 2676, by Senator Bailey, an act to amend the Insurance Law;

Senate Print 2677, by Senator Martinez, an act to amend the General Municipal Law;

Senate Print 2678, by Senator Fahy, an act to amend the Social Services Law;

Senate Print 2679, by Senator Ramos, an act to amend the Public Service Law;

Senate Print 2680, by Senator Sanders, an act to amend the Financial Services Law;

Senate Print 3190, by Senator Kavanagh, an act to amend the Real Property Tax Law.

All bills reported direct to third reading.

SENATOR GIANARIS:Move to accept the report of the Rules Committee.

ACTING PRESIDENT COONEY:All those in favor of accepting the report of the Rules Committee signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT COONEY:Opposed, nay.

(No response.)

ACTING PRESIDENT COONEY:The report of the Rules Committee is accepted.

Senator Gianaris.

SENATOR GIANARIS:Let's take up the supplemental calendar, please.

ACTING PRESIDENT COONEY:The Secretary will read.

THE SECRETARY:Calendar Number 141, Senate Print 904, by Senator Gonzalez, an act to amend the Public Service Law.

ACTING PRESIDENT COONEY:Read the last section.

THE SECRETARY:Section 6. This act shall take effect on the 30th day after it shall have become a law.

ACTING PRESIDENT COONEY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT COONEY:Announce the results.

THE SECRETARY:In relation to Calendar 141, those Senators voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Griffo, Helming, Lanza, Mattera, Murray, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.

Ayes, 41. Nays, 19.

ACTING PRESIDENT COONEY:The bill is passed.

THE SECRETARY:Calendar Number 142, Senate Print 1327, by Senator Parker, an act to amend the Public Service Law.

ACTING PRESIDENT COONEY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 30th day after it shall have become a law.

ACTING PRESIDENT COONEY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT COONEY:Announce the results.

THE SECRETARY:In relation to Calendar 142, voting in the negative: Senator Walczyk.

Ayes, 59. Nays, 1.

ACTING PRESIDENT COONEY:The bill is passed.

THE SECRETARY:Calendar Number 143, Senate Print 1329, by Senator Parker, an act to amend the Public Service Law.

ACTING PRESIDENT COONEY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT COONEY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT COONEY:Announce the results.

THE SECRETARY:In relation to Calendar 143, those Senators voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Griffo, Lanza, Martins, Murray, Oberacker, O'Mara, Ortt, Rolison, Stec, Tedisco, Walczyk and Weik. Also Senator Rhoads.

Ayes, 45. Nays, 15.

ACTING PRESIDENT COONEY:The bill is passed.

THE SECRETARY:Calendar Number 144, Senate Print 1330, by Senator Parker, an act to amend the Public Service Law.

ACTING PRESIDENT COONEY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 30th day after it shall have become a law.

ACTING PRESIDENT COONEY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT COONEY:Announce the results.

THE SECRETARY:In relation to Calendar 144, voting in the negative: Senator Walczyk.

Ayes, 59. Nays, 1.

ACTING PRESIDENT COONEY:The bill is passed.

THE SECRETARY:Calendar Number 145, Senate Print 1701, by Senator Mayer, an act to amend the Public Service Law.

ACTING PRESIDENT COONEY:Read the last section.

THE SECRETARY:Section 8. This act shall take effect on the 90th day after it shall have become a law.

ACTING PRESIDENT COONEY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT COONEY:Announce the results.

THE SECRETARY:In relation to Calendar 145, those Senators voting in the negative are Senators Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Griffo, Helming, Martins, Mattera, Murray, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Rolison, C. Ryan, Stec, Tedisco, Walczyk, Weber and Weik.

Ayes, 39. Nays, 21.

ACTING PRESIDENT COONEY:The bill is passed.

THE SECRETARY:Calendar Number 146, Senate Print 1847, by Senator Comrie, an act to amend the Public Service Law.

ACTING PRESIDENT COONEY:Read the last section.

THE SECRETARY:Section 6. This act shall take effect immediately.

ACTING PRESIDENT COONEY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT COONEY:Announce the results.

THE SECRETARY:In relation to Calendar 146, those Senators voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Palumbo, Walczyk, Weber and Weik.

Ayes, 54. Nays, 6.

ACTING PRESIDENT COONEY:The bill is passed.

THE SECRETARY:Calendar Number 147, Senate Print 1896, by Senator Mayer, an act to amend the Public Service Law.

ACTING PRESIDENT COONEY:Read the last section.

THE SECRETARY:Section 3. This act shall take effect one year after it shall have become a law.

ACTING PRESIDENT COONEY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT COONEY:Senator Mayer to explain her vote.

SENATOR MAYER:Thank you, Mr. President.

I'd like to take the opportunity to read some of the emails I get every day.

(Reading.) What exactly are you doing about Con Ed rates rising so rapidly? Senator Mayer, I know I represent most people when I discuss the exorbitant fees charged by Con Ed for delivery of our electricity and gas, it represents at least double the usage charge. What can be done about this outrageous situation? As we have no control over the delivery charges, we want to join you in making a change. Please advise if your office is undertaking any efforts to address the unsustainable delivery charges imposed by Con Ed, and how we may support that effort.

I would say that is 3 out of probably 20 a day that I receive in my office about the rates charged by Con Ed. What can we do? We can do something. We can change the methodology by which the Public Service Commission sets the rates for these utilities. Which, I would point out, have a monopoly in New York State. Basically they come in with a rate, the PSC says no, you're a little too high, and they negotiate something in between. That is backwards.

They should set a preferred rate. There should be a rebuttable presumption that that is the right rate. They're allowed to make a return, but not at the expense of our constituents, who cannot afford to stay downstairs in their homes or except in a single room where the heat is on.

It is absolutely unsustainable. The time has come for us to do something. This body passed this bill last year. I urge the Assembly to do the same, the Governor to sign it. We need to do something and do it now.

I vote aye.

ACTING PRESIDENT COONEY:Senator Mayer to be recorded in the affirmative.

Announce the results.

THE SECRETARY:In relation to Calendar 147, those Senators voting in the negative are Senators Ashby, Borrello, O'Mara, Ortt, Palumbo, Stec, Tedisco and Weik.

Ayes, 52. Nays, 8.

ACTING PRESIDENT COONEY:The bill is passed.

THE SECRETARY:Calendar Number 148, Senate Print 1966, by Senator C. Ryan, an act to amend the Social Services Law.

ACTING PRESIDENT COONEY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT COONEY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT COONEY:Senator Chris Ryan to explain his vote.

SENATOR CHRIS RYAN:Thank you, Mr. President.

Thank you to my colleagues for their support of the bill.

I just want to say during the first few weeks in Albany, and for the months prior, there certainly has been a concern I've heard far more than any others -- from my constituents, from advocates, from the budget we just heard about -- and that issue is affordability.

The people of New York is desperate for assistance to meet the cost of living, to pay for the simple things like putting food on the table, lowering the cost of healthcare, and in this instance, heating their homes.

It's an honor that my first bill in this great house will be one that directly addresses this need and helps the most vulnerable of us stay safe during this arguably hard time and these harsh winter months.

This bill, requiring the automatic reenrollment of households eligible for the Home Energy Assistance Program, known as HEAP, will take one worry off the minds of people who have enough to worry about. As we've seen in the last week or two the drastic rise in demand for this program, this benefit is important now more than ever.

I am very proud to pick up this bill from my predecessor, and I certainly hope to see it passed into law by the State Assembly and passed by the Governor.

So -- and thank you, Majority Leader, for bringing this to the floor.

ACTING PRESIDENT COONEY:Senator Chris Ryan to be recorded in the affirmative.

Announce the results.

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT COONEY:The bill is passed.

SENATOR GIANARIS:Mr. President, I'd like to pause for a moment to recognize the first bill passed by Senator Ryan.

Now, you might -- (laughing).

(Standing ovation.)

THE SECRETARY:Calendar Number 150, Senate Print 2182, by Senator Hinchey, an act to amend the Public Service Law.

ACTING PRESIDENT COONEY:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the 180th day after it shall have become a law.

ACTING PRESIDENT COONEY:Call the roll.

(The Secretary called the roll.)

ACTING PRESIDENT COONEY:Announce the results.

THE SECRETARY:Ayes, 60.

ACTING PRESIDENT COONEY:The bill is passed.

Senator Gianaris, that completes the reading of today's calendar.

SENATOR GIANARIS:Is there any further business at the desk?

ACTING PRESIDENT COONEY:There is no further business at the desk.

SENATOR GIANARIS:I move to adjourn until tomorrow, Tuesday, January 28th, at 12:00 noon.

ACTING PRESIDENT COONEY:On motion, the Senate stands adjourned until tomorrow, Tuesday, January 28th, at 12:00 p.m.

(Whereupon, at 4:28 p.m., the Senate adjourned.)