Gaveled in 11:30 AM · Albany, New York · 2025–26 session
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 5, 2026
11:30 a.m.
REGULAR SESSION
SENATOR JEREMY COONEY, Acting President
ALEJANDRA N. PAULINO, ESQ., Secretary
P R O C E E D I N G SACTING PRESIDENT COONEY:The Senate will come to order.
I ask everyone to please rise and recite the Pledge of Allegiance.
(Whereupon, the assemblage recited the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT COONEY:I'll ask Imam Tahir, of the Albanian Islamic Cultural Center on Staten Island, to deliver today's invocation.
IMAM TAHIR KUKAJ:Good morning.
In the name of God, most gracious, most merciful, we thank God Almighty for His countless blessings, blessings of this day and this chamber, blessings of leadership of the New York State Senate.
We gather today in this blessed chamber in gratitude, with gratitude in our hearts for the privilege of living in a state that honors freedom, the conscious dignity of difference, and the sacred right of every community to be seen, heard and respected.
We give thanks to the New York State shaped by immigrants, strengthened by diversity, a state where faith and civic duty walk hand in hand and where the ideals of justice, liberty and opportunity are not merely spoken but pursued.
On behalf of Albanian Americans, we would like to offer special appreciation to our honorable Senators, and particularly Senator Jessica Scarcella-Spanton, and also our Honorable Assemblyman Charles Fall, for their leadership, their openness, and their continued support in commemorating Kosovo's Independence Day -- a country that has been created, supported and continued to be supported by the United States of America.
As Albanians, we are in debt to this great nation of ours forever for liberating, supporting and helping Kosovo and the Albanian nation to survive and thrive.
God Almighty, bless this chamber with wisdom beyond politics, with unity beyond division, and with courage beyond convenience. Guide our leaders to serve with integrity, to protect the vulnerable, to honor truth, and to legislate with compassion for all who call this state home.
Bless the people of New York of every faith, background and heritage, and always bless the United States of America. God bless the Albanian nation, and always God bless the United States of America.
God Almighty, in Your name we make this prayer. Amen.
(Response of "Amen.")
ACTING PRESIDENT COONEY:Reading of the Journal.
THE SECRETARY:In Senate, Wednesday, February 4, 2026, the Senate met pursuant to adjournment. The Journal of Tuesday, February 3, 2026, was read and approved. On motion, the Senate adjourned.
ACTING PRESIDENT COONEY:Without objection, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from state officers.
Motions and resolutions.
Senator Gianaris.
SENATOR GIANARIS:Good morning, Mr. President.
On behalf of Senator Hinchey, on page 21 I offer the following amendments to Calendar 215, Senate Print 7618, and ask that said bill retain its place on the Third Reading Calendar.
ACTING PRESIDENT COONEY:The amendments are received, and the bill will retain its place on the Third Reading Calendar.
Senator Gianaris.
SENATOR GIANARIS:Let's take up previously adopted Resolution 1516, by Senator Scarcella-Spanton, read its title, and recognize Senator Scarcella-Spanton.
ACTING PRESIDENT COONEY:The Secretary will read.
THE SECRETARY:Resolution 1516, by Senator Scarcella-Spanton, commemorating the 18th Anniversary of Kosovo's Independence.
ACTING PRESIDENT COONEY:Senator Scarcella-Spanton on the resolution.
SENATOR SCARCELLA-SPANTON:Thank you, Mr. President.
Today we will be welcoming friends and constituents who traveled all the way to the Capitol today to join us in celebrating Kosovo's Independence Day here in the New York State Senate, including Imam Tahir, who you just heard from, and of course my former Staten Island director, Vanesa Limani, who's actually from Kosovo.
Today we once again honor Kosovo's remarkable journey to independence here in New York -- an independence that was hard-fought and deeply impactful for its people. The Kosovar people, throughout all the trials and tribulations that led them to independence, have showed extraordinary strength and determination.
Kosovo's declaration of independence in 2008 was a monumental moment in modern history, signaling the end of years of struggle and the beginning of a new chapter. As we reflect on this journey, we honor the sacrifices made by the people of Kosovo in their tireless pursuit of freedom.
It continues to be my honor to sponsor this resolution year after year in recognition of Kosovo's Independence Day.
Today we celebrate the triumphs of the Kosovar people and look ahead to a bright future both here in New York and back in their home in Kosovo. I am continuously proud of the Kosovar people I represent in Senate District 23, and their dedication to honoring their heritage and culture no matter where they are in the world.
I will continue to work alongside all of the people from Kosovo and its people here in New York for years to come -- especially Vanesa (laughing).
Thank you to all my colleagues for your support, and everyone who has joined us in honoring this Independence Day.
I proudly vote aye.
ACTING PRESIDENT COONEY:Thank you, Senator Scarcella-Spanton.
Senator Mayer on the resolution.
SENATOR MAYER:Thank you, Mr. President.
And I too rise to thank my colleague Senator Scarcella-Spanton for this resolution, and to speak on behalf of over 15,000 people from Albania, most of whom are from Kosovo, in Westchester County.
Our county is full of a very vibrant group of both younger and older Kosovans who have contributed enormously to the business life, certainly to the real estate world, and to the education space of our county. In my hometown of Yonkers there are over 2,000, and in White Plains, which I proudly represent, over 1,000. And they have joined together with young leadership that formed the Albanian American Club of Westchester to -- really to be forces for positive change, both culturally, educationally, and in the business world.
We so admire their contributions to our community. And we also today, of course, honor their remarkable story of independence.
And we're so proud that we have the opportunity here in the Senate chamber to celebrate them, to acknowledge them, and to look forward to many more years of celebrating their anniversary of their independence.
I vote aye.
ACTING PRESIDENT COONEY:Thank you, Senator Mayer.
Senator Fernandez on the resolution.
SENATOR FERNANDEZ:Thank you so much, Mr. Speaker.
And thank you to my colleague for this resolution.
I too speak proudly on behalf of my constituents in the East Bronx, a population full of {in Albanian} -- my friends.
But it is a great resolution, and this year is special, 18 years old -- technically, Kosovo is an adult now.
(Laughter.)
SENATOR FERNANDEZ:But it is a beautiful country, beautiful people.
I've had the pleasure and honor of visiting a few years ago to attend a wedding, and I highly recommend seeing what is over in the Balkan region.
Kosovo is a historic nation. It is full of beautiful mountain ranges. I had the honor of going to Pristina, the new capital, seeing everything that has been done since the war and since it got established, visiting Prizren, the oldest city in the Balkans, which is also the birthplace of Mother Teresa.
But it is a nation that is full of its own honor, its own beautiful history.
And here in New York the people of Albania and Kosovo have done so much to contribute to continue to make New York the beautiful blanket that it is.
And I thank my colleague for allowing this resolution and giving us this time to say "Happy Birthday, Kosovo!" and thank you for all your contributions to the state.
Thank you. I vote aye.
ACTING PRESIDENT COONEY:Thank you, Senator Fernandez.
Senator Harckham on the resolution.
SENATOR HARCKHAM:Thank you, Mr. President.
I want to thank Senator Scarcella-Spanton for bringing this resolution forward every year. Thank you very much.
I want to follow up on Senator Mayer's comments on the rich Albanian population in the Lower Hudson Valley. And I just want to put in a plug and mention of the chair of the Westchester County Board of Legislators, Vedat Gashi, who earlier in his career actually helped draft the Kosovo Constitution during their process of independence -- something he is very proud of and we as Westchester neighbors and colleagues of Vedat are also very proud.
So kudos on this very special day. Congratulations as we mark another anniversary of independence, another strong democracy in Eastern Europe.
And I proudly vote aye. Thank you.
ACTING PRESIDENT COONEY:Thank you, Senator Harckham.
Senator Bailey on the resolution.
SENATOR BAILEY:Thank you, Mr. President.
Very briefly, thank you, Senator Scarcella-Spanton, for this incredible resolution.
And to the Albanian community in the Bronx, they have made leaps and bounds in terms of their civic engagement.
It's always been significant, but recently we made the first -- well, the first Albanian woman to be a judge in the Bronx, Edit Shkreli. I want to make sure that we lift her up, and all of the incredible residents of Kosovo and Albania who do positive things.
And to Senator Harckham's point about Vedat Gashi, the chair of the board of legislators, a lot is said about the sneakers that I wear on this floor. I want it to be known, and for the record, that Vedat Gashi is a sneakerhead of sneakerheads. You should see his sneaker collection: It is real, it is significant.
I don't know if Vedat is here, but I've got to make sure I send him this clip to make sure that I know I put on the record that don't look at me, don't look at Z, look at Vedat when it comes to sneakers.
Happy Independence Day to Kosovo, in all seriousness, Mr. President.
I vote aye on the resolution.
ACTING PRESIDENT COONEY:Thank you, Senator Bailey.
The resolution was adopted on February 4th.
Senator Gianaris.
SENATOR GIANARIS:Now let's move on to previously adopted Resolution 1317, by Senator Tedisco -- there he is. I just want to make sure he was here -- read that resolution's title, and recognize Senator Tedisco.
ACTING PRESIDENT COONEY:The Secretary will read.
THE SECRETARY:Resolution 1317, by Senator Tedisco, congratulating the Stillwater Girls Varsity Soccer Team and Head Coach Christine Ihnatolya upon the occasion of winning the New York State Public High School Athletic Association Class C State Championship title on November 16, 2025.
ACTING PRESIDENT COONEY:Senator Tedisco on the resolution.
SENATOR TEDISCO:Thank you, Mr. President.
Mr. President and my colleagues, as you see up above me in the balcony, I am pleased to present to you and to be welcome the 2025 New York State C Girls Soccer champions to the chamber today from Stillwater High School, in the place where all good things emanate from, the 444th Senatorial District in New York.
The Stillwater Girls Varsity Soccer Team and Head Coach Christine Ihnatolya won their final game at a 1-0 shutout to secure the New York State Class C Girls Soccer Championship on Sunday, November 16, 2025, at Homer High School in Homer, New York, finishing the season unbelievably with an impressive 22-to-1 overall record.
The Stillwater Girls Varsity Soccer Team since 2018 has won four sectional titles, four consecutive Wasaren League titles, six New York State Final Four appearances and, now, three New York State Class C Championship titles.
It doesn't get much better. But proudly, it will.
These scholar-athletes are also a New York State Public High School Athletic Association Scholar-Athlete Team, as they garnered an overall team grade point average of 92.6.
Please welcome this team. And the members are: Alexandria Liamero, Bridget Coon, Alianna Lyon, Lucy Rubinstein, Kamryn VanPelt, Peyton Perretta, Kennedie VanPelt, Brooke Hodgson, Brooke Coon, Finley Bornt, Mayzie Gibeault, Addison Callahan, Sadie Hazen, Callen Baisley, Madelyn Callanan, and Emersyn Patenaude.
Now, you don't get this far just by being great athletes and working hard and having great ethics and hard work. You get there by the coaches also. And they had some great coaches, one I already introduced, but I will do it again: Christine Ihnatolya, the head coach, and Assistant Coach Cassidy Chapko.
As a program, the Stillwater Girls Varsity Soccer Team has enjoyed great success and set a high standard for seasons to follow.
Mr. President and my colleagues, please welcome them, congratulate them, and offer them all the cordialities of this august body.
We're so proud of them here in the 44th Senatorial District, Stillwater, and in the great State of New York.
ACTING PRESIDENT COONEY:Thank you very much, Senator Tedisco.
And 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:The resolution was adopted on January 13th.
Senator Gianaris.
SENATOR GIANARIS:Mr. President, the sponsors would like the two resolutions we took up today open for cosponsorship.
ACTING PRESIDENT COONEY:These resolutions are open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk.
Senator Gianaris.
SENATOR GIANARIS:Please take up the calendar.
ACTING PRESIDENT COONEY:The Secretary will read.
THE SECRETARY:Calendar Number 36, Senate Print 8812, by Senator Krueger, an act to amend a chapter of the Laws of 2025.
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 Number 36, voting in the negative are Senators Ashby, Baskin, Borrello, Bynoe, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martinez, Martins, Murray, Oberacker, Ortt, Palumbo, Rhoads, Rolison, Ryan, Stec, Tedisco, Walczyk, Weber and Weik.
Ayes, 34. Nays, 24.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 100, Senate Print 1919, by Senator Skoufis, an act to amend the Environmental Conservation 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:Ayes, 58.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 127, Senate Print 620C, by Senator Stavisky, an act to amend the Education Law.
ACTING PRESIDENT COONEY:Read the last section.
THE SECRETARY:Section 3. 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, 58.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 138, Senate Print 1329, by Senator Parker, an act to amend the Public Service Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT COONEY:The bill will be laid aside.
SENATOR GIANARIS:For the day.
ACTING PRESIDENT COONEY:For the day.
THE SECRETARY:Calendar Number 141, Senate Print 1847, by Senator Comrie, an act to amend the Public Service Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT COONEY:The bill will be laid aside.
THE SECRETARY:Calendar Number 161, Senate Print 2534, by Senator Sanders, an act to amend the Administrative Code of the City of New York.
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:Ayes, 58.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 167, Senate Print 1468, by Senator Serrano, an act to amend the Public Health Law.
ACTING PRESIDENT COONEY:Read the last section.
THE SECRETARY:Section 7. This act shall take effect on the first of January.
ACTING PRESIDENT COONEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT COONEY:Announce the results.
THE SECRETARY:In relation to Calendar 167, voting in the negative: Senator Walczyk.
Ayes, 57. Nays, 1.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 168, Senate Print 1619, by Senator Rivera, an act to amend the Education Law.
ACTING PRESIDENT COONEY:Read the last section.
THE SECRETARY:Section 3. 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 Number 168, voting in the negative: Senator Walczyk.
Ayes, 57. Nays, 1.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 171, Senate Print 2505A, by Senator Brisport, an act to establish a task force on education diversity in New York State.
ACTING PRESIDENT COONEY:Read the last section.
THE SECRETARY:Section 4. 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 171, voting in the negative are Senators Borrello, Lanza, Oberacker and Ortt. Also Senator Stec. Also Senator Weik.
Ayes, 52. Nays, 6.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 174, Senate Print 190, by Senator Martinez, an act to amend the Volunteer Firefighters Benefit Law.
ACTING PRESIDENT COONEY:Read the last section.
THE SECRETARY:Section 3. 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:Ayes, 58.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 178, Senate Print 4075A, by Senator Scarcella-Spanton, an act in relation to authorizing the Silver Lake Foundation, Inc., to receive retroactive real property tax-exempt status.
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:Ayes, 58.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 187, Senate Print 2040, by Senator Gianaris, an act to amend the Banking 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:In relation to Calendar 187, voting in the negative are Senators Borrello, Chan, Gallivan, Griffo, Helming, Martins, Oberacker, Ortt, Palumbo, Stec, Tedisco and Walczyk.
Ayes, 46. Nays, 12.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 192, Senate Print 1514, by Senator Harckham, an act to amend the Labor Law.
SENATOR GIANARIS:Lay it aside for the day.
ACTING PRESIDENT COONEY:The bill will be laid aside for the day.
THE SECRETARY:Calendar Number 195, Senate Print 1540, by Senator Jackson, an act to amend the Civil 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:Ayes, 58.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 196, Senate Print 2264, by Senator Cooney, an act to amend the Civil 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 196, voting in the negative: Senator Walczyk.
Ayes, 57. Nays, 1.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 203, Senate Print 866, by Senator Bailey, an act to amend the Penal 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:Ayes, 58.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 208, Senate Print 489, by Senator Fernandez, an act to amend the Public Health Law.
ACTING PRESIDENT COONEY:Read the last section.
THE SECRETARY:Section 2. This act shall take effect on the first of January.
ACTING PRESIDENT COONEY:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT COONEY:Announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 209, Senate Print 1731, by Senator Fahy, an act to amend the Mental Hygiene 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:Senator Fahy to explain her vote.
SENATOR FAHY:Thank you. Thank you, Mr. President.
I rise to just talk about this is a renaming of an OASAS scholarship in honor of Father Peter Young, who was a Roman Catholic priest here in Capital Region for more than 60 years, known for his work in helping people struggling with addiction, incarceration and homelessness.
This program would be renamed in his honor. Again, it's an OASAS scholarship. And it's one to train those who are in -- treating those with addictions. It supports those in treatment, prevention, recovery.
He first trained as a chaplain at Mount McGregor Corrections facility in the 1960s. That's where he learned that addiction and poverty often ends up with folks in prison.
And he was the one who became a trailblazer among trailblazers in criminal justice reform, particularly in treating addiction, and really began to educate all of us on how addiction is a disease, not a character flaw.
He ended up serving individuals -- the Father Peter Young Industries ended up serving people in 60 New York counties. So it was quite widespread.
Renaming of this scholarship would connect students with his extraordinary legacy of courage and hope, qualities that are often needed with those fighting addiction and in recovery.
And with that, Mr. Speaker, I -- sorry, Mr. President -- I vote in the affirmative, thank you.
Old habits die hard.
(Laughter.)
ACTING PRESIDENT COONEY:That's okay. Senator Fahy to be recorded in the affirmative.
The Secretary will announce the results.
THE SECRETARY:Ayes, 58.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 213, Senate Print 1239E, by Senator Kavanagh, an act to amend the Agriculture and Markets Law.
SENATOR LANZA:Lay it aside.
ACTING PRESIDENT COONEY:The bill will be laid aside.
Senator Gianaris, that completes the reading of today's calendar.
SENATOR GIANARIS:Let's go to the controversial calendar, please.
ACTING PRESIDENT COONEY:The Secretary will ring the bell.
The Secretary will read.
THE SECRETARY:Calendar Number 141, Senate Print 1847, by Senator Comrie, an act to amend the Public Service Law.
ACTING PRESIDENT COONEY:Senator Lanza, why do you rise?
SENATOR LANZA:Mr. President, I believe there's an amendment at the desk. I waive the reading of that amendment and ask that you recognize Senator Walczyk.
ACTING PRESIDENT COONEY:Thank you, Senator Lanza.
Upon review of the amendment, in accordance with Rule 6, Section 4B, I rule it nongermane and out of order.
SENATOR LANZA:Accordingly, Mr. President, I appeal the ruling of the chair and ask that Senator Walczyk be heard on that appeal.
ACTING PRESIDENT COONEY:The appeal has been made and recognized. Senator Walczyk may be heard.
SENATOR WALCZYK:Oh, Mr. President, maybe I can convince my colleagues on the germaneness. I'm disappointed in your ruling.
This bill is indeed germane to the bill-in-chief because the bill-in-chief requires the Public Service Commission to consider the economic impact of utility rates and charges, and this amendment allows uncommitted funds and the New York State Climate Investment Account within NYSERDA to be returned directly to the ratepayers as a bill credit.
According to NYSERDA's financial plan for fiscal year 2025, the agency's anticipated net position will exceed $2 billion. And that's at the close of last year. This year it will grow to approximately $2.2 billion.
At a time when New Yorkers are struggling to pay skyrocketing utility bills, your offices, our offices, the Governor's office, everyone is receiving phone calls about these bills. These funds should be returned to the ratepayers rather than sitting idle in NYSERDA's coffers. Providing bill credits would deliver immediate, tangible relief to families and businesses facing escalating energy coasts.
There's no compelling rationale for allowing these off-budget surplus funds to remain unused from the previous year when they could be applied directly to lessening the burden of ratepayers today.
This amendment is particularly timely given the increased supply costs resulting from the current frigid weather. You may have noticed that utility prices are skyrocketing now. And that additional strain is going right to the ratepayers.
And let me just read, because Senator Tom O'Mara, who is doing his job as Finance ranker right now in a budget hearing, wrote in his sponsor's memo -- and I want to make it clear what this amendment is so that when you're considering the germaneness and your vote, you can know what we're bringing forward here.
I know the president has already reviewed this and made a ruling that it was nongermane, but I would like all of you to listen to the sponsor's justification in this amendment.
This bill ensures that any uncommitted funds remaining in the Climate Investment Account at the close of each fiscal year, specifically those collected from a utility ratepayers on a bill-as-you-go basis, under the Public Service Commission's Clean Energy Fund framework, are returned to those who paid into the system.
The Clean Energy Fund was designed to support the state's clean energy transition through targeted investments in innovation, market developments, and energy efficiency. However, often funds collected for this purpose remain unused or uncommitted at the end of the fiscal cycle, thus allowing them to sit idle or be redirected without oversight, which undermines the principles of transparency, fiscal responsibility, and fairness to ratepayers.
By crediting these uncommitted funds back to the ratepayers -- not into the General Fund, not sitting idly with NYSERDA, but crediting them back to the ratepayers -- this measure reinforces public trust, prevents overcollection and creates a built-in accountability mechanism for those funds.
It aligns with the broader goals of equitable energy policy by ensuring that New Yorkers are not unduly burdened by clean energy surcharges, and that funds collected in their name are actively invested in the state -- that's what they were designed for, that's what you passed them for -- or, if they're not invested, returned directly to the ratepayers.
We can do something about energy prices in New York State right now, today. You can support this amendment, take the $2 billion that is sitting unspent, and send it directly back to ratepayers.
So please vote to overrule the ruling of the chair. Let's pass this, let's lower people's energy bills today. Yesterday you passed a number of bills; none of them will lower people's energy bills today. This amendment that I offer up in the great language that Senator O'Mara has put together will lower people's energy bills today.
Thank you for your consideration in overruling the ruling of the president.
Thank you, Mr. President.
ACTING PRESIDENT COONEY:Thank you, Senator.
I want to remind the house that the vote is on the procedures of the house and the ruling of the chair.
Those in favor of overruling the chair signify by saying aye.
(Response of "Aye.")
SENATOR LANZA:Show of hands.
ACTING PRESIDENT COONEY:A show of hands has been requested and so ordered.
Announce the results.
THE SECRETARY:Ayes, 21.
ACTING PRESIDENT COONEY:The ruling of the chair stands, and the bill-in-chief is before the house.
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:Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT COONEY:Announce the results.
THE SECRETARY:In relation to Calendar Number 141, voting in the negative are Senators Borrello, Canzoneri-Fitzpatrick, Palumbo, Walczyk, Weber and Weik.
Ayes, 52. Nays, 6.
ACTING PRESIDENT COONEY:The bill is passed.
THE SECRETARY:Calendar Number 213, Senate Print 1239E, by Senator Kavanagh, an act to amend the Agriculture and Markets Law.
ACTING PRESIDENT COONEY:Senator Borrello, why do you rise?
SENATOR BORRELLO:Good afternoon, Mr. President.
ACTING PRESIDENT COONEY:Good afternoon.
SENATOR BORRELLO:Would the sponsor yield for a question?
SENATOR KAVANAUGH:Avidly, Mr. President.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR BORRELLO:All right. I'm going to start off by giving you what I think might be some late-breaking news from the FDA.
I don't know if you saw this announcement this morning, but the Food and Drug Administration has taken additional steps to make it easier for people to remove these petroleum-based dyes.
With regard to the industry, according to Health and Human Services Secretary RFK Jr., they're now going to allow them to use -- they have now approved beetroot red and spirulina extract as natural additives, and make it easier for them to determine if something is actually not artificial but is actually natural.
So with all that said -- I'm glad that you agree with the Trump administration and what they're doing to make America healthier again -- do we really need this bill specifically for New York State?
SENATOR KAVANAGH:Thank you. Thank you, Mr. President. Thank you, my colleague, for the question.
The answer is yes. What this bill does is ban three specific substances and, in addition, requires that ingredients that are added to food, mostly by large national producers of food, when they are not disclosed to the FDA in the presence of the food or the use of -- the presence of the ingredient or the use of the ingredient to the FDA, and therefore not publicly available, that if you want to sell food in New York, you must disclose to our Agriculture and Markets Department any ingredients that you are otherwise keeping secret.
So this bill is mostly -- although this bill does ban three specific chemicals -- and we can talk more about that aspect of the bill, I'd be happy to. But the Food and Drug Administration's actions are welcome, but very late.
It took the federal Food and Drug Administration a decade -- a decade ago they said you can't use Red Dye No. 3, you can't put it on your skin, but they've permitted us to eat it for another decade. They are now banning that. And they're not banning it until next January, even though it's widely known to be very problematic from a health perspective.
We've got states taking action all over the country. Texas now requires that if you use any of 44 ingredients, most of which are permitted by the FDA, that you print a warning on the food that says the following: "Warning. This product contains an ingredient that is not recommended for human consumption by the appropriate authorities in Australia, Canada, the European Union, or the United Kingdom."
That is a Texas-wide restriction that has been passed by the Texas Legislature and signed by Governor Abbott.
So I'm happy to agree -- if the Trump administration's going to ban three ingredients, I hope my colleague will agree with the Republican governor of Texas that we should continue to take action on this.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
SENATOR KAVANAUGH:Happily, Mr. President.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR BORRELLO:Well, it's a red day and a red state -- a red dye day and a red state day, it appears. You've agreed now with Governor Abbott, President Trump, RFK Jr. It all sounds good.
Do you have an Assembly sponsor for this bill?
SENATOR KAVANAUGH:We do have an Assembly sponsor, Anna Kelles, who has a doctorate in nutritional epidemiology.
The only -- the bills are not currently same-as because in our bill -- because a G has turned to an H in one -- the bill amends Section 199G of a law, and there is now another 199G, so the Assembly decided to switch that to 199H. But the bills are otherwise identical.
SENATOR BORRELLO:Mr. President, will the sponsor continue to yield?
ACTING PRESIDENT COONEY:Will the sponsor yield?
SENATOR KAVANAUGH:Yes, Mr. President.
ACTING PRESIDENT COONEY:The sponsor yields.
SENATOR BORRELLO:So we don't have matching legislation in either house. This bill gives up to three years for these products to still be sold in New York State, and yet they're going to be banned federally in January, as you just mentioned.
So why -- why do we need this bill?
SENATOR KAVANAGH:Mr. President, with great effect, the products in this bill are not going to be banned federally. The -- my colleague mentioned a couple of ingredients that are not mentioned in this bill.
This bill bans three specific chemicals. We can talk -- I'm happy to talk about those chemicals if we want. But the core of this bill is the principle that we should not permit people to sell food for consumption by New Yorkers without disclosing the chemicals that they are adding to these foods under a longstanding loophole in federal law that the federal government has not proposed to close, the FDA or anybody else has proposed to close.
The principle here is if you want to sell food to New Yorkers, you should not have secret ingredients made by chemical companies because they supposedly have various benefits in food. This is not a bill that bans those chemicals. It simply requires that chemical companies and food producers disclose the presence of those chemicals and disclose the science behind why they believe those chemicals to be safe.
Which, under federal law, they're already required to do. They are required to do the scientific analysis. They are just not required to disclose that analysis to anybody unless that analysis proves to them that the substance is carcinogenic.
This is a huge loophole in our laws. Most other jurisdictions in the world have no such loophole. In most places in the world you've got to disclose what's in people's food, and people can determine whether it's safe. We have an enormous loophole.
I and I'm sure my colleague and many others of us have been lobbied by the food industry. They are not -- they're asserting some changes are happening at the FDA, some more changes they're expecting in July. They are not asserting that there is a current plan to chose this particular loophole in federal law.
And so under federal law you can continue to sell food in New York and everywhere else in America with ingredients -- and the presen -- it's not just a question of whether they're banned or not, the presence of the ingredients and their safety profile is not disclosed either at the federal level or the state level, currently, and we can fix that here in New York.
SENATOR BORRELLO:Thank you.
On the bill.
ACTING PRESIDENT COONEY:Senator Borrello on the bill.
SENATOR BORRELLO:Thank you, Senator Kavanagh.
You'd said some interesting things that -- my colleagues said some interesting things, Mr. President, that this has been known for 10 years to be a loophole here in New York State.
Last I knew, this bill hasn't really gone anywhere until recently, until the Trump administration and the MAHA movement came forward saying, We're going to do something about this.
Because we had lots of years to do it, right? Even at the federal level. We could have done it under the Biden administration. We could have done it right here in Albany for the last 10 years, with the knowledge that this is a problem.
I don't disagree that these things should be taken out of our food and there should be disclosure. I agree with that. I think having the industry already moving that way, having a national initiative that's going to make it universal is the responsible way to do it.
And we're seeing that today. We're seeing -- making it much easier for these companies to use alternative ingredients that are better for us, and healthier. That's a good way to do this.
So to say now all of a sudden that here in New York State, after knowing for a decade that this is a problem, we're now going to do it. We're going to rush it through. But we're really not. We don't have matching bills. We're giving them three years. People can still buy the stuff, right, they just can't get it here.
You know, where I live the State of Pennsylvania is literally, you know, on the border of my district. You can -- people go shopping in Erie, Pennsylvania, all the time in my district, so it's not going to stop them from buying those foods.
Because people make choices, right? Now, you might say, well, they need to know what's in it. There's lots of things that that should apply to. Unfortunately, not everything can be done as easily and simply as we sometimes describe it to be.
So I believe that this is going to be burdensome. It's quite frankly just a political move, in my opinion, in a lot of ways. And I realize that I'm one of the few no votes here. I get that. But the reality is this is already happening. It is a movement that is supported by grassroots people across the United States, people who suffer from issues and sometimes chronic diseases because of what they think is in their food that impacts them.
So I get that. That's a good thing. The Trump administration, RFK Jr., and the organization that represents these manufacturers themselves are all moving in that direction.
But we're going to get up and say, Oh, no, we did it first. Nah, that doesn't pass muster with me. Okay?
We need a national standard so this can be done effectively, more quickly, honestly, because it's going to take three years for this to be implemented here, essentially. And really not in a way that's going to make it easy, I think, for this to actually be implemented.
So I will continue to be a no vote on this bill. I understand my colleague's intentions and yes vote. But in the end, I don't know that this is really the best way to go about it.
So thank you, Mr. President.
ACTING PRESIDENT COONEY:Thank you, Senator Borrello.
Are there any other Senators wishing to be heard?
Seeing and hearing none, debate is now closed.
Senator Serrano.
SENATOR SERRANO:Upon consent, we've agreed to restore Calendar 213 to the noncontroversial calendar.
ACTING PRESIDENT COONEY:It will be returned to the noncontroversial calendar.
Read the last section.
THE SECRETARY:Section 8. 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 Oberacker to explain his vote.
SENATOR OBERACKER:Thank you, Mr. President.
First and foremost, I want to take a moment and thank Senator Kavanagh for his leadership on this bill, especially in our final year. It's been a pleasure working with you.
This bipartisan bill focuses on protecting children's health and giving families transparency about what's in their food. It's not a partisan issue. It's a commonsense issue.
As a food scientist, I can clearly say this bill is achievable. Food companies work within strict specifications and nutritional requirements. I know this, I've done this.
Reformulating a product using an alternative color source is not only possible, it's already being done. And when companies say change will cost more, the reality is natural alternatives already exist, including oleoresins when we're talking color, and other enhancers that can replace synthetic dyes without sacrificing quality.
This legislation is not about fear or alarm, it's about understanding what actually is in our food for our children and which they are eating every day.
The chemical names can sound scary without -- when context actually matters. And I notice some of us, I'm looking around, I see some blue bottles of dihydrogen oxide or CO2. If I was to say that there wouldn't be any -- Senator Borrello, you can partake.
So they do sound scary. And my role here is to separate real health and health concerns from confusion.
And what's proposed in this bill -- this bill is sound, it's sensible, and the framework is grounded in science. And I'm proud, I am proud to sponsor this bill because, as someone who has formulated food products firsthand, I know this can be done. And I believe New York should lead when it comes to food safety and transparency.
And I proudly vote aye.
Thank you, Mr. President.
ACTING PRESIDENT COONEY:Senator Oberacker to be recorded in the affirmative.
Senator Kavanagh to explain his vote.
SENATOR KAVANAGH:Thank you, Mr. President.
Let me use just a little bit of my time to clarify a few things that have been said.
First of all, this bill is not a response to the Trump administration. It's not a response to the MAHA movement. I honestly had never heard of the MAHA movement when we introduced this bill because it was February 2024 when we introduced this bill. And at least I did not anticipate a second Trump administration at that point, although perhaps some folks did.
This is a bill that results from our work on national food safety. I was attending national food safety conferences, and the Center for Science in the Public Interest and the Environmental Working Group and Consumer Reports and pediatricians all over the country had flagged the fact that there are numerous chemicals in our food that are undisclosed under federal law and are widely perceived to be one of the reasons why our food safety system is failing.
So we introduced this bill -- again, in the early part of 2024. We spent a long time thinking about it and negotiating it, discussing it, and then we passed it on this floor last year. And we passed it with numerous amendments that were intended to respond to concerns we heard from small businesses, from others.
The second thing I want to clarify is this bill goes into effect one year from the date it shall have become law. There is an additional provision that says if you have food on your shelves and you're a retailer and that food would otherwise be prohibited by this bill, you can sell that food for an additional -- until the earlier of three years from the date of effectiveness or the best-by date.
And that was intended to deal with situations where you didn't want retailers to have to clear their shelves of or, frankly, check the -- you know, check the ingredients list and go to national databases to figure out whether -- statewide databases to figure out whether the food was legal or not legal.
So that was a consideration we put in very early in this process for our retailers.
I would note that the coalition of giant food producers that are heavily lobbying against this bill do not think this loophole is going to be closed at the federal level. In fact, they have been lobbying for more than a decade to prevent this loophole from being closed at the federal level. And they are not asserting that this loophole is going to be closed at the federal level now.
I will also note, when they put out a memo about this bill in the very last days of May last year, right around the time we were debating it, they included among the purported opponents the small bodega -- the Bodega and Small Business Association of the State of New York.
The Bodega and Small Business Association put out their own memo in support of this bill, because our small businesses understand that big food companies should not be providing unknown chemicals in food that they're selling in their communities.
The -- ironically, the national associations are telling us that one of the problems with this bill is if that -- if food -- if giant food companies were to sell food that's illegal, that somehow the bodega owners would be responsible when they turn around and sell the food. There's no reason to think that might occur.
But again, these are giant food companies telling us if they keep the ingredient -- if they sell things illegally in our state, the problem is that other people will be held accountable. This bill will hold them accountable.
And more than that, once again, this is a bill that is, in addition to three widely banned ingredients, this bill is primarily about disclosing to our consumers what is in their food in a way that is transparent that all of us and scientists and others can review to make sure we're selling food as safely as possible.
And the numerous consumer brands, you know, and chemical companies -- Danone and Diageo and Eastman and Mondelez and Coca-Cola and Smucker's and McCormick and all these companies, PepsiCo and Safeway and all these companies that are producing food and relying on the trust of consumers should stop opposing the simple premise that what goes in the food is disclosing -- I'm proud -- it should be disclosed, and the safety profile of that should be disclosed as well.
I proudly -- I'm proud to vote aye.
Thank you.
ACTING PRESIDENT COONEY:Senator Kavanagh to be recorded in the affirmative.
Announce the results.
THE SECRETARY:In relation to Calendar 213, voting in the negative are Senators Ashby and Borrello.
Ayes, 56. Nays, 2.
ACTING PRESIDENT COONEY:The bill is passed.
Senator Serrano, that completes the reading of today's calendar.
SENATOR SERRANO:Is there any further business at the desk?
ACTING PRESIDENT COONEY:There is no further business at the desk.
SENATOR SERRANO:I move to adjourn until Monday, February 9th, at 3:00 p.m., with the intervening days being legislative days.
ACTING PRESIDENT COONEY:On motion, the Senate stands adjourned until Monday, February 9th, at 3:00 p.m., with intervening days being legislative days.
(Whereupon, at 12:19 p.m., the Senate adjourned.)
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