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Wednesday, April 15, 2026

3:19 PMRegular SessionALBANY, NEW YORK
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Analyzing transcript for bills discussed...
                                                               3032

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 15, 2026

11                      3:19 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               3033

 1                P R O C E E D I N G S

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Senate will come to order.  

 4                 I ask everyone 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 PERSAUD:   In the 

 9    absence of clergy, let us bow our heads in a 

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT PERSAUD:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, Tuesday, 

16    April 14, 2026, the Senate met pursuant to 

17    adjournment.  The Journal of Monday, April 13, 

18    2026, was read and approved.  On motion, the 

19    Senate adjourned.

20                 ACTING PRESIDENT PERSAUD:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 The Secretary will read.

25                 THE SECRETARY:   Senator Comrie 


                                                               3034

 1    moves to discharge, from the Committee on Energy 

 2    and Telecommunications, Assembly Bill Number 8410 

 3    and substitute it for the identical Senate Bill 

 4    8019, Third Reading Calendar 633.

 5                 ACTING PRESIDENT PERSAUD:   So 

 6    ordered.

 7                 Messages from the Governor.

 8                 Reports of standing committees.  

 9                 Reports of select committees.

10                 Communications and reports from 

11    state officers.

12                 Motions and resolutions.

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   Good afternoon, 

15    Madam President.

16                 ACTING PRESIDENT PERSAUD:   Good 

17    afternoon.

18                 SENATOR GIANARIS:   Amendments are 

19    offered to the following Third Reading Calendar 

20    bills:

21                 By Senator Salazar, page 27, 

22    Calendar 648, Senate Print 7809; 

23                 By Senator Parker, page 26, 

24    Calendar 636, Senate Print 9065; 

25                 And by Senator May, page 30, 


                                                               3035

 1    Calendar 684, Senate Print 8641. 

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    amendments are received, and the bills will 

 4    retain their its place on the Third Reading 

 5    Calendar.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   At this time 

 8    we're going to take up previously adopted 

 9    Resolution 1712, by Senator Scarcella-Spanton, 

10    have its title read, and please recognize 

11    Senator Scarcella-Spanton.

12                 ACTING PRESIDENT PERSAUD:   The 

13    Secretary will read.

14                 THE SECRETARY:   Resolution 1712, 

15    by Senator Scarcella-Spanton, memorializing 

16    Governor Kathy Hochul to proclaim April 9, 2026, 

17    as Yellow Ribbon Day in the State of New York.

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Scarcella-Spanton on the resolution.

20                 SENATOR SCARCELLA-SPANTON:   Thank 

21    you, Madam President.  

22                 As chair of the Committee on 

23    Veterans, Homeland Security and Military Affairs, 

24    I rise once again in recognition of 

25    National Yellow Ribbon Day, celebrated on 


                                                               3036

 1    April 9th here in New York State.  

 2                 As the spouse of a combat veteran 

 3    and the mother of two military children, I know 

 4    ail too well that service impacts entire families 

 5    who share the sacrifice.  But I also know the 

 6    pride that comes with serving the country -- the 

 7    sense of purpose, honor and duty that make it all 

 8    worth it.  

 9                 Honoring our veterans and 

10    active-duty means recognizing the sacrifice, not 

11    just service.  The yellow ribbon represents the 

12    hope, remembrance and gratitude of our troops 

13    around the world, and the families waiting for 

14    their safe return.

15                 Nationally, we have approximately 

16    1.1 million active duty servicemembers, with 

17    18,000 residing here in New York State.  

18                 We also need to recognize the 

19    approximate 30,000 Reservists and Guard that 

20    reside here in New York, all standing ready to 

21    protect our nation.  We owe them and their 

22    families a profound debt of gratitude.  

23                 Thank you, and I proudly vote aye.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Scarcella-Spanton to be recorded in the 


                                                               3037

 1    affirmative.

 2                 The resolution was adopted on 

 3    March 10th.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   At the request 

 6    of Senator Scarcella-Spanton, we'll be opening 

 7    that resolution for cosponsorship.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    resolution is open for cosponsorship.  Should you 

10    choose not to be a cosponsor, please notify the 

11    desk.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Let's take up 

14    the calendar, please.

15                 ACTING PRESIDENT PERSAUD:   The 

16    Secretary will read.

17                 THE SECRETARY:   Calendar Number 

18    397, Senate Print 1701, by Senator Mayer, an act 

19    to amend the Public Service Law.

20                 ACTING PRESIDENT PERSAUD:   Read the 

21    last section.

22                 THE SECRETARY:   Section 8.  This 

23    act shall take effect on the 90th day after it 

24    shall have become a law.

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               3038

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Announce 

 4    the results.  

 5                 THE SECRETARY:   In relation to 

 6    Calendar 397, voting in the negative are 

 7    Senators Ashby, Borrello, Chan, Griffo, Helming, 

 8    Murray, Oberacker, O'Mara, Ortt, Rhoads, Stec, 

 9    Tedisco, Walczyk and Weik.

10                 Ayes, 40.  Nays, 14.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    398, Senate Print 3734B, by Senator Mayer, an act 

15    to amend the Public Service Law.

16                 SENATOR LANZA:   Lay it aside.

17                 ACTING PRESIDENT PERSAUD:   Lay it 

18    aside.

19                 THE SECRETARY:   Calendar Number 

20    399, Senate Print 8062A, by Senator Webb, an act 

21    to amend the Public Service Law.  

22                 SENATOR LANZA:   Lay it aside.

23                 ACTING PRESIDENT PERSAUD:   Lay it 

24    aside.

25                 THE SECRETARY:   Calendar Number 


                                                               3039

 1    627, Senate Print 120A, by Senator Cleare, an act 

 2    to amend the Public Service Law.

 3                 ACTING PRESIDENT PERSAUD:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT PERSAUD:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)  

10                 ACTING PRESIDENT PERSAUD:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 627, voting in the negative:  

14    Senator Walczyk.

15                 Ayes, 53.  Nays, 1.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    628, Senate Print 904B, by Senator Gonzalez, an 

20    act to amend the Public Service Law.

21                 SENATOR LANZA:   Lay it aside.

22                 ACTING PRESIDENT PERSAUD:   Lay it 

23    aside.

24                 THE SECRETARY:   Calendar Number 

25    629, Senate Print 1553, by Senator Parker, an act 


                                                               3040

 1    to amend the Public Service Law.

 2                 SENATOR LANZA:   Lay it aside.

 3                 ACTING PRESIDENT PERSAUD:   Lay it 

 4    aside.

 5                 THE SECRETARY:   Calendar Number 

 6    633, Assembly Bill Number 8410, by 

 7    Assemblymember Barrett, an act to amend the 

 8    Public Authorities Law.

 9                 SENATOR LANZA:   Lay it aside.

10                 ACTING PRESIDENT PERSAUD:   Lay it 

11    aside.

12                 THE SECRETARY:   Calendar Number 

13    634, Senate Print 8710, by Senator Hinchey, an 

14    act to amend the Public Service Law.

15                 ACTING PRESIDENT PERSAUD:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 55.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               3041

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    635, Senate Print 8908, by Senator Comrie, an act 

 4    to amend the Public Service Law.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 3.  This 

 8    act shall take effect on the 120th day after it 

 9    shall have become a law.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT PERSAUD:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 55.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    686, Senate Print 1966, by Senator Ryan, an act 

20    to amend the Social Services Law.

21                 SENATOR LANZA:   Lay it aside.

22                 ACTING PRESIDENT PERSAUD:   Lay it 

23    aside.

24                 THE SECRETARY:   Calendar Number 

25    687, Senate Print 2011, by Senator Parker, an act 


                                                               3042

 1    to direct the Department of State and the 

 2    Public Service Commission to jointly study and 

 3    report upon the provision to consumer credit 

 4    reporting agencies.

 5                 ACTING PRESIDENT PERSAUD:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 4.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT PERSAUD:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 687, voting in the negative:  

16    Senator Ortt.

17                 Ayes, 54.  Nays, 1.

18                 ACTING PRESIDENT PERSAUD:   The bill 

19    is passed.

20                 Senator Gianaris, that completes the 

21    reading of today's calendar.

22                 SENATOR GIANARIS:   Madam President, 

23    even when the budget is late, Walczyk Wednesdays 

24    endure.  

25                 (Laughter.)


                                                               3043

 1                 SENATOR GIANARIS:   It's not a 

 2    scheduled session day today, but he's ready.  

 3                 Let's take up the controversial 

 4    calendar.

 5                 ACTING PRESIDENT PERSAUD:   Let the 

 6    fun begin.

 7                 The Secretary will ring the bell.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    398, Senate Print 3734B, by Senator Mayer, an act 

11    to amend the Public Service Law.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Walczyk, why do you rise?  

14                 SENATOR WALCZYK:   Madam President, 

15    would the sponsor yield for some questions on the 

16    education portion of the budget, please.  

17                 Oh, I'm sorry, on Senate Bill 3734B.

18                 ACTING PRESIDENT PERSAUD:   Will the 

19    sponsor yield? 

20                 SENATOR MAYER:   Through you, 

21    Madam President, I wasn't sure if that was 

22    intentional or a mistake.

23                 I yield.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               3044

 1                 SENATOR WALCZYK:   Through you, 

 2    Madam President.  This only helps during rate 

 3    cases, is that correct, what you're proposing 

 4    here?

 5                 SENATOR MAYER:   Through you, 

 6    Madam President.  This bill basically is one more 

 7    step in protecting our constituents against 

 8    unjust and excessive rates by allowing utilities 

 9    to include all kinds of charges and fees in their 

10    utility rate schedule to be approved by the 

11    Public Service Commission.  

12                 SENATOR WALCZYK:   And through you, 

13    Madam President, would the sponsor continue to 

14    yield?  

15                 ACTING PRESIDENT PERSAUD:   Does the 

16    sponsor yield?  

17                 SENATOR MAYER:   Yes.

18                 ACTING PRESIDENT PERSAUD:   The 

19    sponsor yields.  

20                 SENATOR WALCZYK:   Through you, 

21    Madam President.  There were just a bunch of rate 

22    cases -- obviously, you've heard from 

23    constituents, so have I and every member in this 

24    room, about the utility rate increases that were 

25    just approved by the Public Service Commission.


                                                               3045

 1                 This goes into effect in 2027.  So 

 2    how would that help with the rate cases that have 

 3    already been in place?  

 4                 SENATOR MAYER:   Through you, 

 5    Madam President.  Like a lot of the bills that 

 6    are part of today's package, this is part of a 

 7    comprehensive effort to reform the practice and 

 8    the policy of the Public Service Commission.  

 9                 And by saying to the utilities in 

10    law that they cannot recover excessive attorneys' 

11    fees, transportation fees, expert witness fees -- 

12    all of which are to charge our constituents 

13    more -- we are actually changing the way 

14    rates are set going forward.

15                 SENATOR WALCZYK:   Madam President, 

16    would the sponsor yield?  

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    sponsor yield?  

19                 SENATOR MAYER:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR WALCZYK:   Through you, 

23    Madam President.  

24                 I'm glad you brought up some of 

25    those fees.  Because when this bill came through 


                                                               3046

 1    committee, there's been some changes since then.  

 2    It's now a B print.  

 3                 The executives -- you had in your 

 4    earlier print, when we discussed this in the 

 5    Energy Commission Committee, that executives at 

 6    utility companies wouldn't be making any more 

 7    than the Governor of the State of New York, and 

 8    that no more than $100,000 of ratepayer funds 

 9    could be used towards attorneys in rate cases.  

10                 Why were those things eliminated in 

11    the B print that we now see on the floor today?  

12                 SENATOR MAYER:   Through you, 

13    Madam President.  This -- yes, it is a B print.  

14    It is modified from an earlier version because, I 

15    think like many people in this chamber, I 

16    actually want to get something done for my 

17    constituents and the constituents of 

18    Senator Walczyk and every other member.  

19                 And by modifying the earlier bill to 

20    give some latitude to utility companies to charge 

21    what the Public Service Commission deems 

22    reasonable, or limiting their salaries, this is 

23    an effort to get a bill that is going to pass 

24    both houses, get signed, and actually change what 

25    our constituents pay.


                                                               3047

 1                 SENATOR WALCZYK:   Madam President, 

 2    would the sponsor continue to yield? 

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?

 5                 SENATOR MAYER:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.  

 8                 SENATOR WALCZYK:   So has the cap on 

 9    salaries for utility companies been completely 

10    eliminated in this final print that you bring 

11    here today?

12                 SENATOR MAYER:   Through you, 

13    Madam President, I think Senator Walczyk is 

14    familiar with the language of the bill, which 

15    creates a series of standards with respect to 

16    utility expenses and baselines and discovery 

17    parameters that are going to be considered under 

18    this bill with respect to how the new rates are 

19    set.

20                 SENATOR WALCZYK:   Would the sponsor 

21    continue to yield?  

22                 ACTING PRESIDENT PERSAUD:   Will the 

23    sponsor yield? 

24                 SENATOR MAYER:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               3048

 1    sponsor yields.  

 2                 SENATOR WALCZYK:   And through you, 

 3    Madam President, what about the attorneys' fees?  

 4    Is there any cap now in this new print for how 

 5    much a utility can spend with ratepayer money on 

 6    attorneys bringing a rate case to the 

 7    Public Service Commission?

 8                 (Pause.)

 9                 SENATOR MAYER:   There -- to -- 

10    sorry.  Through you, Madam President.  The 

11    current standard, according to the Public Service 

12    Commission, is that they can recover prudently 

13    incurred costs, which in effect means a 

14    hundred percent of what they seek, or something 

15    close to it.  

16                 This bill sets no specific numbers 

17    with respect to attorneys' fees.  But the 

18    commission is establishing rules based on 

19    reasonability of participation.  And the costs 

20    that can be limited are not limited to attorneys' 

21    fees, fees to engage expert witnesses, employee 

22    salaries, et cetera.

23                 SENATOR WALCZYK:   Madam President, 

24    would the sponsor continue to yield.

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               3049

 1    sponsor yield?  

 2                 SENATOR MAYER:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR WALCZYK:   Thank you.

 6                 Through you, Madam President.  

 7    Anything in the -- and we talked a little bit 

 8    about the timeline of implementation and how this 

 9    will affect future rate cases.  

10                 Is there anything in this bill that 

11    will help lower energy costs for New Yorkers who 

12    are hurting today, tomorrow, if it gets signed 

13    into law next week -- anything that they can 

14    anticipate this would help with their high energy 

15    bills?  

16                 SENATOR MAYER:   Through you, 

17    Madam President.  If the question is the bills 

18    that are currently before our constituents, are 

19    they impacted by this proposal, no.  

20                 But they will be impacted by the 

21    confluence of bills that this Senate Democratic 

22    Majority is passing to change the way rates are 

23    set.  And if we don't pass these bills and if our 

24    colleagues vote no on these bills, then we are 

25    not going to be able to address the problems our 


                                                               3050

 1    constituents face.

 2                 SENATOR WALCZYK:   Thank you, 

 3    Madam President.

 4                 ACTING PRESIDENT PERSAUD:   Thank 

 5    you, Senator.

 6                 Are there any other Senators wishing 

 7    to be heard?

 8                 Seeing and hearing none, debate is 

 9    closed.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   Madam President, 

12    we've agreed to restore this bill to the 

13    noncontroversial calendar.

14                 ACTING PRESIDENT PERSAUD:   On 

15    consent, the bill is restored to the 

16    noncontroversial calendar.  

17                 Read the 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 PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Announce 

25    the results.


                                                               3051

 1                 THE SECRETARY:   In relation to 

 2    Calendar 398, voting in the negative are 

 3    Senators Ashby, Borrello, Chan, Helming, O'Mara, 

 4    Ortt, Stec, Tedisco, Walczyk, Weber and Weik.

 5                 Ayes, 44.  Nays, 11.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    399, Senate Print 8062A, by Senator Webb, an act 

10    to amend the Public Service Law.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Walczyk, why do you rise?  

13                 SENATOR WALCZYK:   Madam President, 

14    I wonder if the sponsor would yield for some 

15    questions.

16                 ACTING PRESIDENT PERSAUD:   Will the 

17    sponsor yield?

18                 SENATOR WEBB:   Yes, I will, 

19    Madam President.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR WALCZYK:   Through you, 

23    Madam President.  Smart meters were supposed to 

24    help people see their bills in a little bit more 

25    realtime.  That's how they were billed, at least 


                                                               3052

 1    to the people of the State of New York.  

 2                 This bill establishes a usage 

 3    monitoring program.  What were we missing when 

 4    smart meters were rolled out across the state?  

 5                 SENATOR WEBB:   Through you, 

 6    Madam President.  As someone who had smart meters 

 7    initially rolled out directly in their district 

 8    initially, the purpose that was presented to us 

 9    by the utility companies was in fact to make sure 

10    that with these meters, that as ratepayers we 

11    would be able to see a difference with our bills.

12                 I get calls, just like many of us in 

13    this chamber, on a weekly basis with constituents 

14    that are receiving bills that are high, at best.  

15    In fact, it's a lot larger than that.  

16                 And so what this bill actually does 

17    is that it actually puts decision-making power in 

18    the hands of the respective ratepayer to say they 

19    have the ability to get timely notification on if 

20    their utility usage is high or it's going off of 

21    a threshold that they set, in a timely manner so 

22    that they can actually have more autonomy and 

23    most certainly be able to make decisions 

24    accordingly with respect to their utility bills.

25                 SENATOR WALCZYK:   Would the sponsor 


                                                               3053

 1    continue to yield?  

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    sponsor yield? 

 4                 SENATOR WEBB:   Yes.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    sponsor yields.

 7                 SENATOR WALCZYK:   Through you, 

 8    Madam President.  Would someone require a 

 9    smart meter in order to be a part of the program 

10    that you're proposing here?

11                 SENATOR WEBB:   So it is my 

12    understanding that this particular legislation 

13    applies to smart monitors.  

14                 However, some residents do not have 

15    smart monitors, and this issue still persists 

16    with the challenge of being able to have more 

17    notification with respect to their utility bill.  

18    And so this would most certainly apply to those 

19    customers as well.  

20                 But this is only for residential 

21    customers.  That's what this bill entails.

22                 SENATOR WALCZYK:   And would the 

23    sponsor continue to yield.

24                 ACTING PRESIDENT PERSAUD:   Will the 

25    sponsor yield?


                                                               3054

 1                 SENATOR WEBB:   Maybe.  (Laughing.)  

 2                 I will.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor will yield.  

 5                 SENATOR WALCZYK:   Through you, 

 6    Madam President.  

 7                 Anything in this bill that will help 

 8    people with their energy bills next month or in 

 9    the coming months to lower the actual cost of 

10    energy?  Or is this just a monitoring program 

11    that is also paid for by ratepayers?  

12                 SENATOR WEBB:   Through you, 

13    Madam President.  

14                 As I said a moment ago, when smart 

15    meters were presented to us as a way to help 

16    better regulate costs, one of the many challenges 

17    that we still are seeing and experiencing as 

18    ratepayers is that these particular monitor 

19    system tools are not being realized in terms of 

20    actual, accurate readings.  

21                 And so this will have an impact with 

22    respect to making sure that as constituents or as 

23    ratepayers we have a better sense of what our 

24    actual utility usage is.  

25                 But as my colleague said earlier, 


                                                               3055

 1    this bill, as part of the larger package of 

 2    bills, is really designed to make sure that 

 3    ratepayers have more information with respect to 

 4    being able to have more decision-making authority 

 5    with respect to their individual utility bills.

 6                 SENATOR WALCZYK:   Through you, 

 7    Madam President, would the sponsor continue to 

 8    yield?  

 9                 ACTING PRESIDENT PERSAUD:   Will the 

10    sponsor yield? 

11                 SENATOR WEBB:   Yes.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.

14                 SENATOR WALCZYK:   Through you, 

15    Madam President.  Your sponsor's memo on this 

16    legislation says the fiscal impact is to be 

17    determined.  

18                 Who would be paying for the new 

19    program for the mailing of people's utility bills 

20    at various times throughout the month to let them 

21    know what their usage is, what their projected 

22    cost is throughout the month?  

23                 SENATOR WEBB:   Through you, 

24    Madam President, that cost will be borne with -- 

25    through the utility companies themselves.


                                                               3056

 1                 SENATOR WALCZYK:   Madam President, 

 2    would the sponsor continue to yield?  

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?  

 5                 SENATOR WEBB:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR WALCZYK:   So with an 

 9    additional cost borne by the utility companies -- 

10    which would pass it on to the ratepayers -- is 

11    there anything in this bill that would actually 

12    lower energy costs for New Yorkers?

13                 SENATOR WEBB:   As I said earlier, 

14    Madam President, what this bill is doing is 

15    giving more decision-making ability to ratepayers 

16    because their bills are out of whack.  

17                 Because I have gotten calls, like 

18    all of us, from ratepayers who have said they've 

19    received bills around this time of year, on 

20    average maybe it's around, for a one-bedroom 

21    apartment, maybe it's like $500 and they're 

22    getting bills for $2,000.  And it doesn't make 

23    sense, even though they have a smart meter on 

24    their respective residence.  

25                 What this bill will do -- through 


                                                               3057

 1    you, Madam President -- is that it will give 

 2    ratepayers a better read on -- no pun intended -- 

 3    what their respective utility usage is.  

 4                 But to be clear, we have to, as a 

 5    legislative body, continue to push for more 

 6    regulation over our utility companies.  And we 

 7    can't deny the fact that our continual dependence 

 8    upon fossil fuels is what's contributing to the 

 9    alarmingly high bills, amongst other factors as 

10    well, Madam President.

11                 SENATOR WALCZYK:   And would the 

12    sponsor continue to yield.

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    sponsor yield?

15                 SENATOR WEBB:   Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.

18                 SENATOR WALCZYK:   Through you, 

19    Madam President.  Your enacting clause at the end 

20    of this bill says this bill will go into effect 

21    one year after it becomes a law.  

22                 The Governor often calls bills over 

23    in late November, December.  So do you anticipate 

24    a year and a half from now that this program 

25    would actually be in effect or start to go in 


                                                               3058

 1    effect so that people can see those costs on 

 2    their utility bills?  

 3                 SENATOR WEBB:   Through you, 

 4    Madam President.  We have passed in this house a 

 5    series of utility reform bills that are 

 6    essentially awaiting passage in the Assembly.  

 7                 It is my hope that this bill, along 

 8    with the others, wouldn't necessarily have to 

 9    wait until the end of year, that the Governor 

10    will be able to call it up sooner and we can most 

11    certainly start to see some additional supports 

12    rendered to our ratepayers.

13                 SENATOR WALCZYK:   Thank you, 

14    Madam President.

15                 SENATOR WEBB:   Thank you.

16                 ACTING PRESIDENT PERSAUD:   Thank 

17    you, Senator.

18                 Are there any other Senators wishing 

19    to be heard?

20                 Senator Tedisco.

21                 SENATOR TEDISCO:   Yes.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Tedisco.

24                 SENATOR TEDISCO:   Thank you, 

25    Madam President.  Would the gentlelady yield for 


                                                               3059

 1    a few questions?

 2                 ACTING PRESIDENT PERSAUD:   Will the 

 3    sponsor yield?

 4                 SENATOR WEBB:   Well, the young lady 

 5    will yield.

 6                 (Laughter.)

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.

 9                 SENATOR TEDISCO:   Thank you.

10                 Senator, is there something wrong 

11    with these new machines?  Is it the rate hikes 

12    that are being given to the utility companies?  

13    Is it the Public Service commissioners' fault for 

14    ratifying these rate increases?  

15                 What do you think is the cause of 

16    this distortion of this increase which is 

17    permeating through all our Senate and Assembly 

18    districts across the state?  

19                 SENATOR WEBB:   Through you, 

20    Madam President.  I think there are a number of 

21    factors that are contributing to the alarmingly 

22    high utility costs.  

23                 Most certainly with the smart 

24    meters, which is what this particular bill is 

25    looking to provide some clarity on for 


                                                               3060

 1    ratepayers.  

 2                 In addition to that, our continual 

 3    dependence on fossil fuels.  In addition to that, 

 4    the PSC, which is the decision-making authority 

 5    when it comes to our utility bills and having 

 6    more transparency, when it comes to not only how 

 7    they are reviewing rate cases and how they are 

 8    approving them.  

 9                 And again, we have a number of bills 

10    in this house that we've passed that are aiming 

11    towards addressing some of the issues that you 

12    framed in your comments or your question to me.

13                 SENATOR TEDISCO:   Will the sponsor 

14    yield for another question?  

15                 ACTING PRESIDENT PERSAUD:   Will the 

16    Senator yield?

17                 SENATOR WEBB:   I will, 

18    Madam President.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.  

21                 SENATOR TEDISCO:   Could you explain 

22    to the viewers and to all of us so it's clear to 

23    them, our constituents, how do the Public Service 

24    commissioners get their appointments to the 

25    position they're in to make decisions 


                                                               3061

 1    unilaterally, who are not elected officials, in 

 2    terms of rate hikes?

 3                 SENATOR WEBB:   Through you, 

 4    Madam President.  The decision-making process for 

 5    the PSC is not associated with this particular 

 6    bill, so I don't believe that it's germane to 

 7    this.

 8                 But the Governor is part of 

 9    approving the respective members to the PSC.

10                 SENATOR TEDISCO:   Would the Senator 

11    yield -- 

12                 ACTING PRESIDENT PERSAUD:   Will the 

13    sponsor yield? 

14                 SENATOR TEDISCO:   -- for another 

15    question?  

16                 SENATOR WEBB:   Yes.

17                 SENATOR TEDISCO:   You said the -- 

18                 ACTING PRESIDENT PERSAUD:   The 

19    sponsor yields.

20                 SENATOR TEDISCO:   Excuse me.  

21                 You said the Governor unilaterally 

22    appoints them?  Or do they come to us here at the 

23    Senate?

24                 SENATOR WEBB:   Through you, 

25    Madam President.  The Governor makes the 


                                                               3062

 1    appointments, and they most certainly come 

 2    through us in the Senate with respect to the 

 3    approval process.

 4                 SENATOR TEDISCO:   Okay.  Would the 

 5    Senator yield for another question?  

 6                 ACTING PRESIDENT PERSAUD:   Will the 

 7    sponsor yield? 

 8                 SENATOR WEBB:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR TEDISCO:   So the members in 

12    this room vote for those Public Service 

13    commissioners, which in many instances I see some 

14    of you get up and really go after them for 

15    ratifying these.

16                 How does that vote work in the 

17    New York State Senate on a person that they send 

18    to us to make decisions about rate hikes for our 

19    constituents in New York State?  Is there a 

20    record of how you and I voted for those 

21    individuals to have those positions?

22                 SENATOR WEBB:   Through you, 

23    Madam President.  Senator, I imagine you're well 

24    aware of how the process works.  And that's not 

25    germane to this particular bill.


                                                               3063

 1                 But all of our meetings are on 

 2    public record.

 3                 SENATOR TEDISCO:   Would the Senator 

 4    yield -- 

 5                 ACTING PRESIDENT PERSAUD:   Will the 

 6    sponsor yield?

 7                 SENATOR TEDISCO:   -- for another 

 8    question?

 9                 SENATOR WEBB:   Yes.

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.

12                 SENATOR TEDISCO:   I'm aware of it, 

13    but I'm trying to make our constituents and your 

14    constituents aware of it.  

15                 There's no record of how you voted 

16    for these constituents {sic}, or how I voted, 

17    because I vote no on all of them.  Because I 

18    don't want to unilaterally give faceless 

19    bureaucrats the opportunity -- who never go 

20    before the voters like you and I -- to make 

21    rate-hike decisions which are having people 

22    continue to vote with our feet and walk out of 

23    the State of New York, be number one in 

24    outmigration.  

25                 This is a part of the tip of the 


                                                               3064

 1    reasons why people are leaving the state.  They 

 2    can't afford to live here anymore.  They can't 

 3    afford to own their houses anymore, they can't 

 4    afford to purchase a house anymore, they can't 

 5    afford to pay their energy bills.  

 6                 There is no record of how you voted, 

 7    but they happen to come to us from the Governor 

 8    and they happen to end up in the Public Service 

 9    commissioners.  

10                 So I'll ask you this question.  

11    Wouldn't it be a great idea for elected officials 

12    like ourselves, when a Governor sends us a person 

13    to make decisions on rate hikes, that we would 

14    ratify any decision they make.  They would come 

15    back to us and say, Senators and Assemblypeople 

16    and Governor, we've decided, here is our 

17    research, this is why those rate hikes could come 

18    up.  

19                 Because when my constituents call me 

20    and say, Why did you vote for that Public Service 

21    commissioner, I say I didn't.  I don't see any 

22    record that you didn't vote for it, because there 

23    is no record.  They come here, faceless 

24    bureaucrats, and --

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               3065

 1    Gianaris.

 2                 SENATOR GIANARIS:   Madam President, 

 3    this -- respectfully, these questions have 

 4    nothing to do with the bill at hand.  

 5                 So if Senator Tedisco would like to 

 6    speak on the bill, I suppose he could say what he 

 7    wants.  But Senator Webb is defending her bill, 

 8    which has absolutely nothing to do with the line 

 9    of questioning that she's facing.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Tedisco, are you on the bill?  Are you speaking 

12    on the bill?

13                 SENATOR TEDISCO:   Yeah, I think 

14    I'll be on the bill.  Yeah.

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Tedisco on the bill.

17                 SENATOR TEDISCO:   So I don't blame 

18    the Senator for not wanting to take credit for 

19    appointing all these individuals who are making 

20    all these rate increases.  That's just something 

21    that continues to happen here, with the same 

22    transparency of what's happening with this 

23    budget.  

24                 We're about to have the total 

25    eclipse of the budget process in New York State 


                                                               3066

 1    because after 40 days last year, after going into 

 2    three weeks this year, now what you're doing, 

 3    using messages of necessity, we'll be heading 

 4    towards a budget, down the road maybe, nine bills 

 5    will be coming out, $260 billion of spending and 

 6    taxing.  The poison that has forced people to 

 7    walk out of the State of New York and vote with 

 8    their feet -- number one in outmigration.  

 9                 And these energy policies are the 

10    same thing.  You can't keep appointing 

11    Public Service commissioners, faceless 

12    bureaucrats.  You're elected to protect your 

13    constituents.  If you want to protect your 

14    constituents, vote on whether you want them there 

15    or not.  

16                 When they do rate increases, pass my 

17    bill, which says it comes back to us, we look at 

18    their research, we say it's fair or not fair, and 

19    we either vote up or down.  

20                 Because they vote for you.  They 

21    don't vote for Public Service commissioners 

22    with -- faceless bureaucrats, they don't know 

23    their names, they don't know who they are.  But 

24    then when they come to you, you say, Well, it's 

25    not my fault, it's those Public Service 


                                                               3067

 1    commissioners, or it's the meters, or it's the 

 2    utility companies.  It's probably a combination 

 3    of all that.

 4                 But I know you should be 

 5    representatives.  Because I think you're getting 

 6    a little bit mixed up.  You're not the most 

 7    important thing in this representative democracy.  

 8    Are you surprised?  Senators and Assemblypeople, 

 9    elected officials, are not the most important 

10    persons in our representative democracy.  

11                 You know who is?  The voters, the 

12    taxpayers, your constituents.  And you should be 

13    representing them.  

14                 When this total eclipse comes and 

15    there's darkness here and you're voting on the 

16    budgets, just like you've -- you don't really 

17    vote on the PSC people who make these crazy 

18    decisions of increasing rates -- you're going to 

19    have more people walk out of the State of 

20    New York.  And it's decisions like that which are 

21    going to make that happen.  

22                 You should be a part of solving the 

23    problem, not creating more poison to continue the 

24    problem of being number one in outmigration.  

25                 And if the taxpayers are looking, 


                                                               3068

 1    again, last research, every two minutes and 

 2    24 seconds somebody walks out of the State of 

 3    New York -- not to visit Disneyland, but to live 

 4    in another state.  

 5                 And it's not only Florida, Texas, or 

 6    those states.  It's New Jersey.  It's 

 7    Pennsylvania.  It's Connecticut.  Those aren't 

 8    the bastions of conservatism.  But they aren't as 

 9    tax-happy or spending-happy or energy-cost-happy 

10    as you are.

11                 Thank you, Madam President.

12                 ACTING PRESIDENT PERSAUD:   You're 

13    welcome, Senator.

14                 Are there any other Senators wishing 

15    to be heard?

16                 Senator Rhoads, why do you rise? 

17                 SENATOR RHOADS:   Thank you, 

18    Madam President.  I was hoping the sponsor would 

19    be willing to yield to a few questions.

20                 ACTING PRESIDENT PERSAUD:   Will the 

21    sponsor yield? 

22                 SENATOR WEBB:   I will, 

23    Madam President.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               3069

 1                 SENATOR RHOADS:   Thank you.

 2                 Senator Webb, I think I understand 

 3    the purpose of the bill is to give ratepayers 

 4    more tools to be able to gauge their own energy 

 5    usage.  Is that correct?  

 6                 SENATOR WEBB:   Through you, 

 7    Madam President, yes.

 8                 SENATOR RHOADS:   And while this 

 9    bill may not actually reduce in any meaningful 

10    way the ratepayers' utility bills, again, it's to 

11    give them the tools to govern their own usage and 

12    make decisions on their own behalf, correct?  

13                 SENATOR WEBB:   Through you, 

14    Madam President.  My colleague uses the term 

15    that -- "in a meaningful way."  

16                 But I would daresay that if I'm 

17    someone that has a smart meter and I've been told 

18    by the utility company that this is going to help 

19    me with better monitoring my costs of my 

20    utilities, and in fact that's not happening, I 

21    would daresay, in counter to what you just 

22    offered, Senator, that this would be useful to 

23    give them some additional insight.  

24                 And, at the same time, the other 

25    bills that we are voting on today, along with the 


                                                               3070

 1    ones we've done previously, are all intended to 

 2    try to not only control costs but also to improve 

 3    access to utilities that we all depend on, 

 4    Madam President.

 5                 SENATOR RHOADS:   Will the sponsor 

 6    continue to yield, Madam President.  

 7                 ACTING PRESIDENT PERSAUD:   Will the 

 8    sponsor yield? 

 9                 SENATOR WEBB:   Yes.

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.

12                 SENATOR RHOADS:   Thank you, 

13    Senator Webb.  

14                 No, I certainly understand at the 

15    end of the day it may help consumers reduce their 

16    own costs by being more conscious of their energy 

17    usage.  

18                 But in terms of overall utility 

19    rates, there is nothing in this bill that would 

20    actually impact the rates that the PSC approves 

21    and that utility companies charge to consumers as 

22    a whole, is that correct?

23                 SENATOR WEBB:   Through you, 

24    Madam President, yes.

25                 SENATOR RHOADS:   And will the 


                                                               3071

 1    sponsor continue to yield?  

 2                 ACTING PRESIDENT PERSAUD:   Will the 

 3    sponsor yield? 

 4                 SENATOR WEBB:   Yes.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    sponsor yields.

 7                 SENATOR RHOADS:   Through you, 

 8    Madam President.  

 9                 I know, Senator Webb, you indicated 

10    that the -- your belief that the overall reason 

11    why utility rates are so high in the State of 

12    New York is because of our dependence upon fossil 

13    fuels.  Am I mischaracterizing that?

14                 SENATOR WEBB:   Through you, 

15    Madam President.  Yes, that is a major 

16    contributing factor to why our utility bills are 

17    high.

18                 In addition to that, the delivery 

19    fee that is set by the respective entities, and 

20    the PSC is involved in that decision as well, 

21    along with other factors, are reasons why our 

22    utility bills continue to go through the roof, 

23    Madam President.

24                 SENATOR RHOADS:   Will the sponsor 

25    continue to yield?  


                                                               3072

 1                 ACTING PRESIDENT PERSAUD:   Does the 

 2    sponsor yield?  

 3                 SENATOR WEBB:   Yes.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    sponsor yields.

 6                 SENATOR RHOADS:   Through you, 

 7    Madam President.

 8                 Senator Webb, I note that Low-Carbon 

 9    Power indicates that 45 percent of electricity 

10    generation in the State of New York is through 

11    low-carbon sources as opposed to fossil fuels, 

12    which is either among the best or the best in the 

13    United States.

14                 Yet, according to the U.S. Energy 

15    Information Administration, utility rates in the 

16    State of New York are 50.7 percent higher for 

17    residential ratepayers and 61.6 percent higher 

18    than the national average among commercial 

19    ratepayers, which seems to contradict your 

20    premise that it's fossil fuel consumption.  

21                 Can you explain why that would be 

22    the case?

23                 SENATOR WEBB:   Through you, 

24    Madam President.  I'm not familiar with this 

25    particular data point that my colleague 


                                                               3073

 1    referenced.  

 2                 But what we do know to also be true 

 3    is that New York State has some of the oldest gas 

 4    and oil facilities in the country.  And so when 

 5    you have infrastructure like this, as I said in 

 6    my point that our continual dependence on fossil 

 7    fuels, amongst other factors -- like the war in 

 8    Iran, like many other factors, Madam President, 

 9    that I've already mentioned -- those are the 

10    things that also contribute to our bills 

11    continuing to go through the roof.

12                 SENATOR RHOADS:   And will the 

13    sponsor continue to yield.

14                 ACTING PRESIDENT PERSAUD:   Will the 

15    sponsor yield? 

16                 SENATOR WEBB:   I thought it was 

17    just going to be a few questions.  (Laughing.)

18                 But yes, I will yield.  

19                 SENATOR RHOADS:   We're reaching the 

20    end.

21                 So, Senator Webb, if I understand 

22    your answer correctly, it is not the use of 

23    fossil fuels, it is the lack of investment in 

24    modernization of our fossil fuel plants that 

25    apparently is your concern.


                                                               3074

 1                 But I would just ask that -- this 

 2    legislation would allow consumers to set a 

 3    monthly usage threshold measured in kilowatt 

 4    hours for electricity and therms or CCF for gas 

 5    service, is that correct?

 6                 SENATOR WEBB:   Through you, 

 7    Madam President, yes.  

 8                 This bill, which is the Utility 

 9    Usage Monitoring Program, would again allow 

10    ratepayers to be able to set the threshold with 

11    respect to their energy bills and being notified 

12    when that threshold has been -- is in the process 

13    of being exceeded or has been exceeded.

14                 SENATOR RHOADS:   Will the sponsor 

15    continue to yield.

16                 ACTING PRESIDENT PERSAUD:   Does the 

17    sponsor yield?  

18                 SENATOR WEBB:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR RHOADS:   Through you, 

22    Madam President.  

23                 Senator Webb, thank you for that 

24    answer.

25                 Is there any provision within this 


                                                               3075

 1    legislation that would require that New York 

 2    State government be notified with respect to any 

 3    consumer exceeding their usage?

 4                 SENATOR WEBB:   Through you, 

 5    Madam President.  This bill pertains to 

 6    residential customers having that ability.  So I 

 7    do not believe that -- I'm trying to understand 

 8    the nature of your question.  

 9                 Are you asking if, for instance, you 

10    have a smart meter and you've set a threshold and 

11    it's exceeded, is a notice going to get sent to 

12    New York State?  I'm just trying to understand 

13    your question.

14                 SENATOR RHOADS:   I'll yield.

15                 My concern is -- yes, you've termed 

16    it correctly.  My concern is I understand that 

17    usage levels will be able to be set by the 

18    consumer.

19                 SENATOR WEBB:   Mm-hmm.

20                 SENATOR RHOADS:   My concern is I 

21    want to make sure that information is not 

22    provided to New York State government.  

23                 Because my concern about the next 

24    step in this legislation is that somehow, even 

25    though it's not included here, in a future bill, 


                                                               3076

 1    if the government has knowledge of how much 

 2    energy is being used by an individual residential 

 3    customer, will the government at some point in 

 4    time attempt to set limits on how much energy a 

 5    residential customer will be able to use.

 6                 The monitoring system, I want to 

 7    make sure, is not going to be used for that 

 8    purpose.  I want to make sure, one, that that's 

 9    not a part of this bill -- which I don't believe 

10    that it is, but I wanted to confirm it.  And --

11                 SENATOR WEBB:   Through you, 

12    Madam President.  That is not a part of this 

13    bill.  

14                 And currently our bills, when they 

15    are through the roof, the government doesn't get 

16    notified.  This bill would not do that.  And 

17    again, it's specifically for residential and -- 

18    for residential ratepayers.

19                 So no, that would not -- that's not 

20    a part of this bill.

21                 SENATOR RHOADS:   Thank you, 

22    Senator Webb.

23                 Thank you, Madam President.

24                 SENATOR WEBB:   Thank you.

25                 ACTING PRESIDENT PERSAUD:   You're 


                                                               3077

 1    welcome.

 2                 Are there any other Senators wishing 

 3    to be heard?

 4                 Seeing and hearing none, debate is 

 5    closed.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   We'll be 

 8    restoring this also to the noncontroversial 

 9    calendar, please.  

10                 ACTING PRESIDENT PERSAUD:   This 

11    bill will be restored to the noncontroversial 

12    calendar.

13                 Read the last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect one year after it shall 

16    have become a law.

17                 ACTING PRESIDENT PERSAUD:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Bailey to explain his vote.

22                 SENATOR BAILEY:   Thank you, 

23    Madam President.  

24                 Thank you, Senator Webb, for this 

25    important piece of legislation.  


                                                               3078

 1                 And while I respect my colleagues 

 2    and their desire to speak about the immediacy 

 3    with which ratepayers should seek relief -- and 

 4    we all agree with that on this side of the 

 5    aisle -- the arguments are akin to saying we 

 6    shouldn't plant seeds now because the plant won't 

 7    grow by tomorrow, so we can't eat the food 

 8    tomorrow so we shouldn't plant anything.

 9                 I think that we should pass bills 

10    that will affect consumers.  And even if it 

11    affects consumers down the line -- not as quickly 

12    as we may want it to be -- we still should enact 

13    these bills because they are important to what we 

14    need to do is making sure that affordability is 

15    taken care of ongoing.  

16                 Affordability doesn't just last a 

17    week, a month, a year.  It should be something 

18    that we seek to have going forward.  

19                 So thank you, Senator Webb, for 

20    planting the seeds so that the garden of 

21    affordability can continue to grow.

22                 I vote aye, Madam President.

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Bailey to be recorded in the affirmative.

25                 Senator Webb to explain her vote.


                                                               3079

 1                 SENATOR WEBB:   Thank you, 

 2    Madam President.  

 3                 And I want to say that with respect 

 4    to this bill and kind of the debate that we just 

 5    had on this bill, along with the other bills that 

 6    we are passing on the floor today, to a comment 

 7    that my colleague mentioned with respect to the 

 8    PSC and us not protecting constituents, we are 

 9    doing exactly that.  

10                 Having the ability to know how 

11    you're being charged, why you're being charged 

12    this way, is part of this larger system.  And all 

13    of these aspects are most certainly very 

14    important.

15                 This legislation is not being done 

16    in isolation.  In fact, there are other states 

17    that currently have this type of a system in 

18    place.  And even within New York, utility 

19    companies like Con Edison, they currently have 

20    this option for ratepayers to utilize with 

21    respect to monitoring their usage.  

22                 This legislation would require all 

23    utility companies in the state to offer this 

24    option to residential ratepayers with respect to 

25    their utility bills.


                                                               3080

 1                 And as I mentioned, that the 

 2    alarming amount of increases in our utility bills 

 3    that we are seeing all over the state, many 

 4    people are very fearful and unfortunately are 

 5    making decisions about do you continue to put 

 6    food on the table or pay utility bills.

 7                 This package of legislation is 

 8    aiming towards addressing some of these issues 

 9    that are part of the larger system with respect 

10    to our access to utilities.

11                 And so having the ability to know 

12    how your usage is affecting your residents, but 

13    also having a real opportunity to address the 

14    financial strain associated with and preventing 

15    it, along with what we're doing in the budget in 

16    terms of increasing funding for programs like 

17    HEAP and other supports, are very important.  

18                 And so I vote aye on this 

19    legislation, and I most certainly encourage my 

20    colleagues to do the same.

21                 Just for a point of information, 

22    when I introduced this bill before, we most 

23    certainly had overwhelming support in the 

24    chamber.  And I hope that my colleague -- 

25    Senator Tedisco, you voted for it before, you 


                                                               3081

 1    voted yes, and I hope you will vote yes again.

 2                 Thank you.

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Webb to be recorded in the affirmative.

 5                 Senator Hinchey to explain her vote.

 6                 SENATOR HINCHEY:   Thank you, 

 7    Madam President.  

 8                 And I want to thank Senator Webb for 

 9    caring about her constituents and all of our 

10    constituents across the state.  

11                 We want the PSC to care about 

12    affordability, but there's actually nothing in 

13    statute that requires them to do so.  There is 

14    safety and continuation of service, among other 

15    things that they must take into account in rate 

16    cases, but not affordability.  

17                 And my colleague spoke a lot about 

18    PSC commissioners and how they do rate cases and 

19    how they take into account this affordability.

20                 I'd like to remind my colleagues 

21    that we actually passed a bill in this chamber on 

22    February 4th that would require the PSC to take 

23    into account affordability in all rate cases, and 

24    it would add another consumer advocate to the PSC 

25    commissioner board.


                                                               3082

 1                 All of my colleagues on the other 

 2    side of the aisle but two voted against that 

 3    bill, including all three that spoke about it at 

 4    length today in this debate.  So I just want to 

 5    remind our colleagues that we have voted to put 

 6    affordability in statute at the PSC.  Our 

 7    conference led on that issue.  And I'm proud to 

 8    vote aye on this bill in support of Senator Webb 

 9    and what she is doing in fighting for our 

10    constituents across the state.

11                 Thank you.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Hinchey to be recorded in the affirmative.

14                 Senator Tedisco to explain his vote.

15                 SENATOR TEDISCO:   Yeah, having my 

16    name being called here, I just want to say that 

17    I'm not against this bill.  It's innocuous.  It 

18    will do nothing to stop the rate increases.  

19                 What I oppose is the lack of 

20    transparency that takes place with this body 

21    here.  

22                 I asked someone to explain -- who 

23    seems to mention the Public Service Commission 

24    several times -- how they get there, actually, 

25    from this body.  And then we're willing to tell 


                                                               3083

 1    the people viewing and our constituents that it's 

 2    a voice vote.  Nobody goes out to register or be 

 3    responsible or taking responsibility for putting 

 4    the Governor appointments over there, but then 

 5    they stand up on many occasions and say, Those 

 6    darn Public Service commissioners ratifying rate 

 7    increases.  

 8                 They're not elected officials.  

 9    They're faceless bureaucrats.  Ask any of your 

10    constituents if they know the names of the people 

11    that increase their rates, because they don't 

12    call them, they call you when their rates are 

13    being increased.  None of them know the names of 

14    the Public Service commissioners, which you allow 

15    to float from the Governor, from here, out to the 

16    Public Service Commission.  

17                 And if anybody looks up the vote, 

18    they won't know the yeses or the nos.  Then 

19    they'll think they flew out of the Senate and you 

20    put them there.

21                 So the real concern is, you're 

22    representatives.  Look, you're elected officials.  

23    You're public servants.  That's meaningless.  You 

24    are representatives.  If you want to stop rate 

25    increases, you think they're unfair, you think 


                                                               3084

 1    the research isn't done properly, vote for a bill 

 2    or put your own bill in that makes them send it 

 3    back to you for ratification.  

 4                 So when they call, you can tell your 

 5    constituents, This is the evidence why probably a 

 6    part of the rates may be because of the energy 

 7    policies you put forth, the mandates which are 

 8    being paused now.  

 9                 Is this an election year for the 

10    Governor and for many of you who have put forth 

11    buses for $450,000 for electricity when a 

12    combustible bus is $150,000 --

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Tedisco, how do you vote?  Senator Tedisco, how 

15    do you vote?

16                 SENATOR TEDISCO:   Why don't you do 

17    the right thing and represent your constituents.

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Tedisco, how do you vote?

20                 SENATOR TEDISCO:   Madam Speaker, 

21    yes.

22                 ACTING PRESIDENT PERSAUD:   How do 

23    you vote?

24                 SENATOR TEDISCO:   Yes.

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               3085

 1    Tedisco to be recorded in the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   Ayes, 55.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    628, Senate Print 904B, by Senator Gonzalez, an 

 8    act to amend the Public Service Law.

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Walczyk, why do you rise?

11                 SENATOR WALCZYK:   Madam President, 

12    I hope the sponsor would yield for some 

13    questions.

14                 ACTING PRESIDENT PERSAUD:   Will the 

15    sponsor yield? 

16                 SENATOR GONZALEZ:   Yes, I do.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR WALCZYK:   Through you, 

20    Madam President.  

21                 So the Public Service Commission can 

22    already pause fees and penalties when a utility 

23    company is under investigation.  Why is this bill 

24    necessary?

25                 SENATOR GONZALEZ:   Through you, 


                                                               3086

 1    Madam President, that is a good question.  It 

 2    highlights the fact that we're not introducing 

 3    anything really new other than the fact that we 

 4    should always have the strongest possible 

 5    consumer protection.  

 6                 So the reason we have introduced 

 7    this bill and I have championed this is because I 

 8    believe that customers should have the maximum 

 9    amount of consumer protections, according to the 

10    ability of the PSC, while their utility company 

11    is under investigation.

12                 SENATOR WALCZYK:   Through you, 

13    Madam President, would the sponsor continue to 

14    yield?

15                 ACTING PRESIDENT PERSAUD:   Will the 

16    sponsor yield?

17                 SENATOR GONZALEZ:   I do.

18                 ACTING PRESIDENT PERSAUD:   The 

19    sponsor yields.

20                 SENATOR WALCZYK:   Through you, 

21    Madam President.  On page 2 of this bill, though, 

22    there's some pretty significant new statutory 

23    changes.  One of which, there's a requirement 

24    that a utility company can't shut anyone's power, 

25    gas, anything else off 120 days after a rate case 


                                                               3087

 1    is approved.

 2                 Why does that requirement exist?

 3                 SENATOR GONZALEZ:   Through you, 

 4    Madam President.  Based on the finding of the PSC 

 5    on the case, we want to ensure that our consumers 

 6    and customers have time, if they are going to be 

 7    required to pay any remaining fees as determined 

 8    by the PSC.

 9                 So essentially in cases, for 

10    example, where a utility company is found guilty 

11    of overbilling, then, you know, those customers 

12    would likely not be forced to pay.  

13                 If the utility company is found 

14    innocent and they have had proper billing 

15    practices, then the PSC will then determine what 

16    is owed to the company, and we are giving four 

17    months for consumers to collect what they need to 

18    pay in order to continue their service.

19                 SENATOR WALCZYK:   Madam President, 

20    will the sponsor continue to yield?  

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    sponsor yield?

23                 SENATOR GONZALEZ:   I do.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               3088

 1                 SENATOR WALCZYK:   So for the people 

 2    that are not paying their bills that don't have 

 3    to pay their bills for 120 days after and then 

 4    possibly get their utilities shut off at that 

 5    point, who picks up the tab for that?  

 6                 Is that the taxpayers?  Is there 

 7    some kind of special pot of money out there?  

 8    Will that be the ratepayers in the next rate case 

 9    that that utility company brings forward?

10                 SENATOR GONZALEZ:   Through you, 

11    Madam President, I want to be clear on the 

12    language.

13                 Utility customers will have to pay 

14    if the PSC finds, based an the result of the 

15    case, that they have to pay.  So I just want to 

16    be clear that there is no scenario, unless it's 

17    from the PSC, that they don't have to pay while 

18    under investigation.  

19                 They can also choose to continue to 

20    pay their bills, as they continue to receive 

21    bills from the utility company.

22                 What we are simply saying here is 

23    that the utility company will be made whole if 

24    they of course are entitled to that, according to 

25    the PSC, after 120 days of the end of the case.


                                                               3089

 1                 SENATOR WALCZYK:   Would the sponsor 

 2    continue to yield?  

 3                 ACTING PRESIDENT PERSAUD:   Will the 

 4    sponsor yield?

 5                 SENATOR GONZALEZ:   I do.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR WALCZYK:   Yeah, there's a 

 9    few different sections of your bill.  The first 

10    portion that I was asking about wasn't about the 

11    investigations, it was actually about the rate 

12    cases.  

13                 So utility companies come forward to 

14    the PSC, they bring a rate case, they're asking 

15    for an increase, generally.  There's a 

16    negotiation and the case is seen through.

17                 The 120 days after that rate case is 

18    all the way through, they wouldn't be able to do 

19    any shutoffs.  So someone would find out, as they 

20    do -- and people are very tuned in at this point 

21    to rate increases -- they'll see headlines, Hey, 

22    another rate increase has been approved, so 

23    they'll know that it's coming.  

24                 What is the purpose of having 

25    120 days of no shutoffs?  And then the real 


                                                               3090

 1    question that I asked was who pays that tab for 

 2    people that are not paying their bills within 

 3    those 120 days?

 4                 SENATOR GONZALEZ:   Through you, 

 5    Madam President.  To be clear, that case would 

 6    not happen, because this bill explicitly excludes 

 7    rate cases or routine procedures and only 

 8    pertains to formal investigations that, again, do 

 9    not include rate cases.

10                 SENATOR WALCZYK:   Madam President, 

11    will the sponsor continue to yield?

12                 ACTING PRESIDENT PERSAUD:   Will the 

13    sponsor yield?

14                 SENATOR GONZALEZ:   I do.

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR WALCZYK:   So in Section 54, 

18    "Investigations relating to residential gas, 

19    electric, steam utility service:  For the purpose 

20    of this section, the term 'investigation' shall 

21    mean a formal proceeding conducted by the 

22    commission examining the billing, rates" -- isn't 

23    that a rate case?

24                 SENATOR GONZALEZ:   Through you, 

25    Madam President.  One of the changes we made in 


                                                               3091

 1    the B print was to be explicit in excluding rate 

 2    case.  No, that is not.

 3                 But what I can provide are some 

 4    examples of formal investigations, including an 

 5    investigation on the quality of gas or 

 6    electricity supplied, the purity, pressure or 

 7    cost of gas service, the efficiency of electric 

 8    light bulbs, the voltage of electricity provided 

 9    for lighting, heating or power, the rates, 

10    charges or classifications of electricity 

11    service.  These are some of the formal 

12    investigations that could be conducted by the PSC 

13    that would then apply under this bill.

14                 But again, rate cases are explicitly 

15    excluded, according to our definitions in this 

16    bill.

17                 SENATOR WALCZYK:   Will the sponsor 

18    continue to yield?

19                 ACTING PRESIDENT PERSAUD:   Will the 

20    sponsor yield?

21                 SENATOR GONZALEZ:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR WALCZYK:   Through you, 

25    Madam President.  The -- I've got a handful of 


                                                               3092

 1    opposition memos that have come to my office from 

 2    the New York State Laborers PAC, from the IBEW, 

 3    Utility Labor Council, from the Utility Workers 

 4    Union of America Local 1-2, the International 

 5    Union of Operating Engineers, and from the Energy 

 6    Coalition, which seeks to protect costs for 

 7    ratepayers.

 8                 Why are all of the labor unions and 

 9    the advocates for ratepayers opposed to this 

10    bill?

11                 SENATOR GONZALEZ:   Through you, 

12    Madam President, just a slight correction.  IBEW 

13    is actually neutral on this bill.

14                 But of course we've received, in 

15    addition to many memos of support, some memos of 

16    opposition.  I think some would argue that this 

17    hurts the utility companies.  

18                 And they've been very vocal about 

19    the fact that they want to see -- want to 

20    continue any practice, even if they are under 

21    formal investigation, to collect the maximum 

22    amount of money from consumers.  

23                 However, as someone who represents 

24    thousands of constituents who are already 

25    struggling with high utility bills, I believe 


                                                               3093

 1    that in this case we need to prioritize our 

 2    constituents' interests, especially in the 

 3    context of affordability, over the interests of 

 4    our utility companies.

 5                 SENATOR WALCZYK:   Madam President, 

 6    briefly on the bill.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Walczyk on the bill.

 9                 SENATOR WALCZYK:   I just want to 

10    correct something for the record.  

11                 Reading off of a memo of opposition, 

12    "The IBEW Utility Labor Council of New York State 

13    and the Local 1-2 UWUA, representing 22,000 

14    utility workers across the state, strongly 

15    opposes Senate Bill 904."  Which is what is 

16    before us here today.

17                 And with that, would the sponsor 

18    continue to yield?  

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Gonzalez on the bill.

21                 SENATOR GONZALEZ:   Well, I 

22    continue --

23                 ACTING PRESIDENT PERSAUD:   You want 

24    to explain something.

25                 SENATOR GONZALEZ:   I continue.  


                                                               3094

 1                 But again, while they had -- I just 

 2    want to clarify one thing.  While IBEW had 

 3    previously submitted a memo of opposition, they 

 4    have since indicated to us in writing that they 

 5    are neutral on this bill.

 6                 ACTING PRESIDENT PERSAUD:   Will the 

 7    sponsor yield?

 8                 SENATOR GONZALEZ:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.  

11                 SENATOR WALCZYK:   Through you, 

12    Madam President.  Is there anything in this bill 

13    that will lower energy bills for New Yorkers on 

14    their next energy bill next month, in the next 

15    two months, in the next three months?

16                 SENATOR GONZALEZ:   Through you, 

17    Madam President.  That is not the nature of 

18    formal investigations.  They take some time.

19                 And again, what is specific to this 

20    bill is when utility companies are under formal 

21    investigation.  

22                 What I will say is this has the 

23    potential to reduce customers' bills, again, if 

24    at the end of an investigation the PSC finds that 

25    they were unfairly billing and actually reduces  


                                                               3095

 1    those customers' bills at the end of that 

 2    investigation.

 3                 This actually has happened.  I think 

 4    we've cited a number of times the case of 

 5    Central Hudson, which had significant issues with 

 6    their billing.

 7                 SENATOR WALCZYK:   Thank you, 

 8    Madam President.

 9                 ACTING PRESIDENT PERSAUD:   Thank 

10    you.

11                 Are there any other -- Senator 

12    Mattera.

13                 SENATOR MATTERA:   Thank you, 

14    Madam President.  

15                 Would the sponsor yield for a couple 

16    of questions, please?  

17                 ACTING PRESIDENT PERSAUD:   Will the 

18    sponsor yield?

19                 SENATOR GONZALEZ:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR MATTERA:   And thank you, 

23    Senator.

24                 Do you feel, again, that the rates 

25    are going to be higher because of your bill?  You 


                                                               3096

 1    know, ratepayers right now in New York State are 

 2    paying the highest utility bills.  Do you feel 

 3    that this is not going to be on the backs of all 

 4    of our ratepayers, a bill like this, 120 days?  

 5                 And I'd like to know how you came up 

 6    with 120 days, to be honest with you.

 7                 SENATOR GONZALEZ:   Through you, 

 8    Madam President.  No, I would not agree with the 

 9    statement that this somehow unduly burdens other 

10    customers.  

11                 We know that every few years there 

12    are rate cases where the PSC determines if bills 

13    are allowed to increase according to the 

14    arguments that utility companies are making.  

15                 Now, that -- this bill is out of the 

16    context of rate cases.  So if a utility company 

17    is under investigation, we're assuming that that 

18    rate and what their electric charge is has not 

19    changed.

20                 And I would add that if -- and 

21    again, bringing it back to this bill 

22    specifically, and not to rate cases, during the 

23    investigation utility companies will continue to 

24    issue bills.  If they are found innocent, even 

25    after 120 days, they will be made whole.  


                                                               3097

 1    Therefore, if the PSC determines they will 

 2    receive the money from customers that they have 

 3    been, I'm sure, arguing they deserve.

 4                 If -- if they are found innocent, 

 5    they have been overbilling and theoretically it 

 6    should be a cost to no one for those customers to 

 7    receive that decrease in their bill and 

 8    certainly, again, is outside of the context of a 

 9    rate case, which they can continue to go ahead 

10    and submit a request for increase in the future.

11                 SENATOR MATTERA:   Madam President, 

12    would the sponsor still continue to yield, 

13    please.

14                 ACTING PRESIDENT PERSAUD:   Will the 

15    sponsor yield?

16                 SENATOR GONZALEZ:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR MATTERA:   So for somebody 

20    that has been opposing the CLCPA, we know that -- 

21    I'm going to feel that our rates have gone up 

22    over a hundred percent in certain areas since the 

23    CLCPA has been put forward.

24                 You know, we have a chairman that I 

25    respect, and a lot of people in this room 


                                                               3098

 1    respect.  He's been very fair, respectful, and 

 2    somebody that you can talk to.  Do you feel that 

 3    Chairman Christian is failing at his job in any 

 4    way?  

 5                 Do you feel that -- in other words, 

 6    that right now we've put in place that we need 

 7    to -- we have to now put something forward when 

 8    we know that we have somebody that's the chairman 

 9    of the PSC that's doing a fine job?

10                 SENATOR GONZALEZ:   Through you, 

11    Madam President.  I will say that is not germane 

12    to this bill.

13                 I think we understand that systems 

14    and commissions and authorities are bigger than 

15    any one person and bigger than even their chair.  

16    And they are systems that sometimes need to be 

17    reformed.  

18                 That's why the State Senate and many 

19    of my colleagues have introduced bills to reform 

20    parts of the PSC, because we understand that 

21    utility bills have been increasing.  We want to 

22    make sure that our constituents are well 

23    represented.

24                 Again, this is -- this is just one 

25    bill as part of a broader package that seeks to 


                                                               3099

 1    reform the system by adding additional consumer 

 2    protections to customers when their utility 

 3    company is, again, found -- there's plausible and 

 4    credible evidence that they may have improper 

 5    practices.

 6                 SENATOR MATTERA:   Through you, 

 7    Madam President, would the sponsor still continue 

 8    to yield?

 9                 ACTING PRESIDENT PERSAUD:   Will the 

10    sponsor yield?

11                 SENATOR GONZALEZ:   Yes.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.

14                 SENATOR MATTERA:   Senator, do you 

15    feel that this is, like, going to encourage 

16    ratepayers?  

17                 You know, it's -- you know, I know 

18    there's hard times.  But I would love to know how 

19    many phone calls you receive, because I haven't 

20    received any in my district.  I'd like to know, 

21    do you feel that this isn't going to encourage 

22    ratepayers, that 120 days?  

23                 And I'd like to know also, too, if 

24    they're found that, in other words, there was 

25    wrongfully -- there was a wrongful doing here, do 


                                                               3100

 1    you feel that -- how -- how could we put the 

 2    burden again on them?

 3                 I just -- how can -- my point is you 

 4    don't feel that this is going to encourage our 

 5    ratepayers in any way?

 6                 SENATOR GONZALEZ:   Through you, 

 7    Madam President.  No, I do not think any part of 

 8    this bill encourages nonpayment.

 9                 The truth is that these utility 

10    companies tend to be billion-dollar corporations 

11    that can continue to operate even if they are not 

12    receiving late fees or interest while they're 

13    under investigation.

14                 But what I do know, and to the 

15    question of how many calls, I've received a 

16    number of calls and outreach from my constituents 

17    who are struggling with their utility bills, and 

18    dozens of constituents who show up to events that 

19    we hold around energy efficiency because they are 

20    desperately trying to figure out how to save 

21    every penny possible.  

22                 So whereas a lot of these utility 

23    companies are doing well, a lot of our 

24    constituents are struggling with affordability 

25    and are living paycheck to paycheck.  So while 


                                                               3101

 1    this bill does not encourage nonpayment, what it 

 2    does is allow the lights to stay on if those 

 3    constituents who are customers cannot keep up 

 4    with the cost of service.  

 5                 And that can be life or death, 

 6    because as we know, there are peak days.  It is 

 7    becoming incredibly cold in the winter, 

 8    incredibly hot in the summer, and every time we 

 9    have a peak event, there are -- those without 

10    energy or the ability to afford to keep the 

11    lights on sometimes pass away because of 

12    heat strokes or freezing to death.  These are 

13    real things that happen.  

14                 And so I really want to re-focus 

15    this conversation away from the utility companies 

16    and more on what we're trying to do for everyday 

17    New Yorkers.

18                 SENATOR MATTERA:   Madam President, 

19    please, would the sponsor still continue to 

20    yield?  

21                 ACTING PRESIDENT PERSAUD:   Will the 

22    sponsor yield?

23                 SENATOR GONZALEZ:   Yes.

24                 SENATOR MATTERA:   But the PSC --   

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               3102

 1    sponsor yields.

 2                 SENATOR MATTERA:   I'm sorry.  

 3                 The PSC does a fine job -- again, 

 4    you keep on saying, in other words, it's not 

 5    germane to the bill.  But you're pretty much 

 6    saying that they're not doing their job to help 

 7    the ratepayer in New York State.  

 8                 One hundred twenty days.  That's a 

 9    good amount of days that -- that -- seriously, 

10    it's going to be on the backs -- who's going to 

11    be paying for this?  We all say this all the 

12    time, the ratepayer is going to be paying for 

13    this.  

14                 You keep on saying no, but somebody 

15    has to pay for this, Senator.  Again, the PSC 

16    needs to do their job.  You're pretty much saying 

17    that they're not.

18                 SENATOR GONZALEZ:   Through you, 

19    Madam President.  I'm not saying that they're 

20    not, I'm saying that they have a power that we 

21    want to make sure is consistent and we want to 

22    make sure that the standard is set that consumers 

23    deserve this protection.

24                 Now, I want to be a little clear 

25    because I think there's a lot of focus on this 


                                                               3103

 1    120 days after the results of an investigation.

 2                 The only way, theoretically -- and 

 3    again, hypothetically -- that utility companies 

 4    would even be able to pass down costs would be 

 5    through a formal rate case.  And that would 

 6    assume that a formal rate case is happening in 

 7    this four-month cycle.  

 8                 And when a rate case is happening, 

 9    the PSC is looking at it holistically.  It's not 

10    just in the context of a result of an 

11    investigation, but a lot of data around, for 

12    example, the money that utility company is paying 

13    for normal things like upkeep and upgrades.  

14                 So there isn't actually a mechanism 

15    simply if the -- in the case that a utility 

16    company is found innocent and money needs to be 

17    returned for them, that that is immediately 

18    socialized amongst the rest of the consumer base.

19                 SENATOR MATTERA:   Madam President, 

20    just one more question, please, if the sponsor 

21    would continue to yield.  

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    sponsor yield?

24                 SENATOR GONZALEZ:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               3104

 1    sponsor yields.

 2                 SENATOR MATTERA:   So what happens 

 3    then?  The -- there's an investigation goes on 

 4    and they're found that -- in other words, that 

 5    they're -- they need to pay the bill.  

 6                 Is there any interest?  What happens 

 7    in a case like this?  So what happens that 

 8    they're guilty, whatever, and they have to now 

 9    pay back -- is there any interest on top of this?

10                 SENATOR GONZALEZ:   Through you, 

11    Madam President, that is for the PSC to 

12    determine.

13                 SENATOR MATTERA:   Oh, so the PSC 

14    again.

15                 SENATOR GONZALEZ:   Yes.  Correct.

16                 SENATOR MATTERA:   All right.  

17                 On the bill.

18                 ACTING PRESIDENT PERSAUD:   On the 

19    bill, Senator Mattera.

20                 SENATOR MATTERA:   Great.  Thank 

21    you, Madam President.  

22                 You know, this is just another way 

23    of gouging all of our ratepayers that pay their 

24    bills.  We have the PSC, which does their job to 

25    protect ratepayers in need.  And this is 


                                                               3105

 1    something -- 120 days, this is just to encourage 

 2    people in a lot of ways not to pay their bills.

 3                 You know, as somebody that went 

 4    yesterday to a very, very important day for the 

 5    NESE Williams pipeline that finally -- very, very 

 6    important.  Yes, we need a plan and not a ban.  

 7    That was something that was a necessity -- I was 

 8    speaking with the PSC to make sure that we have 

 9    natural gas capacity.  

10                 It was a total disgrace that we had 

11    to go sit there and fight and put a lawsuit 

12    forward, a natural gas ban lawsuit.  That keeps 

13    our rates down.  

14                 Wind, solar, and battery storage, 

15    I'll say it all day long, is costing all of our 

16    ratepayers trillions of dollars, which it's going 

17    to be costing trillions of dollars to all the 

18    ratepayers.  Again, rates are going up over 

19    100 percent and more in the State of New York.  

20    Our ratepayers are frustrated.  I'm frustrated 

21    listening to what's happening with this.

22                 And you know what?  To go over there 

23    yesterday and to go make sure that we have the 

24    gas flowing, natural gas flowing for the right 

25    reasons -- very, very important.  That will be 


                                                               3106

 1    keeping our rates down.

 2                 So you know what, Madam President?  

 3    I am a no on this bill.  Thank you.

 4                 ACTING PRESIDENT PERSAUD:   Are 

 5    there any other Senators wishing to be heard?

 6                 Seeing and hearing none, debate is 

 7    closed.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Once again, 

10    Madam President, we'll be restoring this to the 

11    noncontroversial calendar.

12                 ACTING PRESIDENT PERSAUD:   The bill 

13    is restored to the noncontroversial calendar.  

14                 Read the last section.

15                 THE SECRETARY:   Section 7.  This 

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

17    shall have become a law.

18                 ACTING PRESIDENT PERSAUD:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Gonzalez to explain her vote.

23                 SENATOR GONZALEZ:   Thank you, 

24    Madam President.  I want to thank our leader, 

25    Majority Leader Stewart-Cousins, and my 


                                                               3107

 1    colleagues in this conference.  

 2                 At a time when affordability is top 

 3    of mind and there is very little in a positive 

 4    vision being provided for us at the federal 

 5    level, here in New York we understand that 

 6    utility bills are a key part of the strain for 

 7    many of our constituents.  

 8                 And so I am proud to be part of a 

 9    chamber that is putting forward that positive 

10    vision, and in realtime being responsive to our 

11    constituent's needs.  

12                 As we heard, we do have a climate 

13    crisis and an affordability crisis.  I believe a 

14    bill like mine, which focuses on consumer 

15    protections, is at the intersection of both to 

16    make sure people get the light and the heat they 

17    need while also certainly ensuring that we have a 

18    standard of protection in every formal 

19    investigation through the PSC.

20                 So again, I just wanted to say thank 

21    you to the leader, thank you to my colleagues, 

22    and I certainly vote aye on this bill.

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Gonzalez to be recorded in the affirmative.

25                 Senator Murray to explain his vote.


                                                               3108

 1                 SENATOR MURRAY:   Thank you, 

 2    Madam President.  

 3                 So in listening to the debate back 

 4    and forth, it reminds me of when I've talked to 

 5    some people and somebody bounces a check at a 

 6    bank, and then the bank imposes all these fees.  

 7    And they say, Well, if I had the money to pay it 

 8    in the first place, I could have paid the check.  

 9    But I don't have the money for the fees as well, 

10    so you're just tacking them on top.  

11                 And that's what kind of -- it 

12    reminds me of this.  In this case you've got 

13    someone who's behind on their bills, they're way 

14    behind, to the point where they now go to an 

15    investigation, and now everything pauses.  And 

16    we're adding 120 days.  They can't be cut off, 

17    can't be penalized, can't anything, for 120 days 

18    after the investigation's complete, which is 

19    going to add even more time on.  

20                 And it gets to the point where if 

21    the ruling goes against the customer, they've now 

22    dug that hole so deep there's no way to get out 

23    of it.  So then they end up getting disconnected, 

24    and everyone else pays for what wasn't paid for 

25    in the first place.  And that hole is much, much 


                                                               3109

 1    deeper.  So it just compounds the problem.  

 2                 Let's concentrate on doing exactly 

 3    what everyone is saying.  Let's concentrate on 

 4    lowering the rates in the first place.  

 5                 For this, I'm a no.

 6                 ACTING PRESIDENT PERSAUD:   Senator 

 7    Murray to be recorded in the negative.

 8                 Announce the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 628, voting in the negative are 

11    Senators Ashby, Borrello, Chan, Helming, Mattera, 

12    Murray, O'Mara, Ortt, Rhoads, Stec, Tedisco, 

13    Walczyk, Weber and Weik.

14                 Ayes, 41.  Nays, 14.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    629, Senate Print 1553, by Senator Parker, an act 

19    to amend the Public Service Law.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Lanza, why do you rise?

22                 SENATOR LANZA:   Madam President, I 

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

24    waive the reading of that amendment and ask that 

25    you recognize Senator Rolison.  


                                                               3110

 1                 ACTING PRESIDENT PERSAUD:   Thank 

 2    you, Senator Lanza.  

 3                 Upon review of the amendment, in 

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

 5    nongermane and out of order at this time.

 6                 SENATOR LANZA:   Accordingly, 

 7    Madam President, I appeal the ruling of the chair 

 8    and ask that you recognize Senator Rolison to be 

 9    heard on that appeal.

10                 ACTING PRESIDENT PERSAUD:   The 

11    appeal has been made and recognized, and 

12    Senator Rolison may be heard.

13                 Senator Rolison.

14                 SENATOR ROLISON:   Thank you, 

15    Madam President.

16                 This bill amendment is germane to 

17    the bill-in-chief because the bill-in-chief 

18    provides credits for excess electricity generated 

19    by customer generators, and this amendment would 

20    provide a one-year utility tax bill and surcharge 

21    holiday and a two-year green energy tax holiday.

22                 Madam President, you know, it's just 

23    estimated that government taxes, fees and 

24    mandates account for roughly one-third of a 

25    customer's utility bill.


                                                               3111

 1                 Unfortunately, many of these taxes, 

 2    fees and mandates, Madam President, they're 

 3    hidden in your utility bill.  

 4                 And this amendment would suspend the 

 5    following taxes for one year:  The system benefit 

 6    charge, the temporary state assessment, slash, 

 7    incremental state assessment charge, and the 

 8    renewable portfolio standard charge.

 9                 Now also, Madam President, the bill 

10    would suspend several green energy tariffs and 

11    surcharges for two years.

12                 Now, this amendment would deliver 

13    meaningful and immediate relief to ratepayers who 

14    are struggling with skyrocketing energy costs.  

15    And as a legislative body, Madam President, we 

16    must examine every available avenue to reduce 

17    these utility costs.  And that effort should 

18    begin with actions we can take immediately, 

19    today, including reducing taxes and fees.

20                 Now, I think most people in this 

21    chamber and outside this chamber know that I'm 

22    for clean energy, but it must be done in a 

23    responsible and reasonable way, Madam President, 

24    that does not continue to crush the pocketbooks 

25    of all New Yorkers.


                                                               3112

 1                 Now, my colleague Senator Bailey 

 2    said just a while ago on a previous bill, you 

 3    know, he likened it to we have to do like several 

 4    things in this chamber -- and I think sometimes 

 5    we do, maybe right here we're falling a little 

 6    short -- but planting the seed that may not grow 

 7    today but will grow in the future.  

 8                 I get that.  I support that.  I'm 

 9    about planting seeds for the future and for today 

10    as well.

11                 But I would say, Madam President, 

12    that this particular amendment actually has 

13    already germinated.  And what we do today we 

14    don't have to wait for the seed to grow tomorrow 

15    or three, four, five years down the road.  

16                 And for that reason, 

17    Madam President, I urge all of my colleagues to 

18    support this amendment.

19                 Thank you.

20                 ACTING PRESIDENT PERSAUD:   Thank 

21    you, Senator.  

22                 I want to remind the house that the 

23    vote is on the procedures of the house and the 

24    ruling of the chair.  

25                 Those in favor of overruling the 


                                                               3113

 1    chair, signify by saying aye.

 2                 (Response of "Aye.")

 3                 SENATOR LANZA:   Show of hands.

 4                 ACTING PRESIDENT PERSAUD:   A show 

 5    of hands has been requested and so ordered.

 6                 Announce the results.

 7                 THE SECRETARY:   Ayes, 18.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Walczyk, why do you rise?

10                 SENATOR WALCZYK:   Madam President, 

11    I hope the sponsor would yield for some 

12    questions.

13                 ACTING PRESIDENT PERSAUD:   Will the 

14    sponsor yield? 

15                 SENATOR PARKER:   Yes, 

16    Madam President.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR WALCZYK:   Through you, 

20    Madam President.

21                 So this bill that you're proposing 

22    today would carry over net-metered energy 

23    indefinitely, is that correct?

24                 SENATOR PARKER:   Yes.  Oh, I'm 

25    sorry, through you, Madam President, yes.


                                                               3114

 1                 SENATOR WALCZYK:   And would the 

 2    sponsor continue to yield?  

 3                 ACTING PRESIDENT PERSAUD:   Will the 

 4    sponsor yield? 

 5                 SENATOR PARKER:   Yes, 

 6    Madam President.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.

 9                 SENATOR WALCZYK:   Through you, 

10    Madam President.  Would that net-metered energy 

11    stay with the original customer, or would that 

12    roll over to whoever takes over generation in 

13    perpetuity?

14                 SENATOR PARKER:   Madam President, 

15    through you.  The legislation, through net 

16    metering, allows a credit that will stay with the 

17    customer.  

18                 I think that's the question that 

19    you're really trying to ask, as opposed to the 

20    question which you asked, which was does the 

21    electricity -- the electricity is in the grid, so 

22    the electricity doesn't follow the customer.  The 

23    credit of the energy that they generated from the 

24    system stays with the customer.

25                 SENATOR WALCZYK:   Madam President, 


                                                               3115

 1    would the sponsor continue to yield.  

 2                 ACTING PRESIDENT PERSAUD:   Will the 

 3    sponsor yield?

 4                 SENATOR PARKER:   Yes, 

 5    Madam President.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR WALCZYK:   Yeah, the 

 9    question was about the credit and whether that 

10    will roll over, allowing them to purchase energy 

11    or have a credit, essentially, to not purchase 

12    energy.

13                 So that would stay with the customer 

14    even if they've left that generating facility and 

15    moved on with their life, in perpetuity, anywhere 

16    else that they live or register in the State of 

17    New York or anywhere they're seated, they would 

18    then have that much bill credit for the energy 

19    that they used to produce years, decades prior at 

20    another site?  

21                 Am I understanding that correctly? 

22                 SENATOR PARKER:   Madam President, 

23    through you.  It would be in the customer's 

24    account.  So as long as the customer signs up 

25    with that utility and that account, connected to 


                                                               3116

 1    that account, yes.

 2                 SENATOR WALCZYK:   Madam President, 

 3    will the sponsor continue to yield?

 4                 ACTING PRESIDENT PERSAUD:   Will the 

 5    sponsor yield?

 6                 SENATOR PARKER:   Yes, 

 7    Madam President.  

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.

10                 SENATOR WALCZYK:   So if a credit in 

11    perpetuity is given to a number of different 

12    consumers who were once producers of electricity 

13    in the State of New York, who's going to be 

14    paying the balance?  

15                 Won't the rest of the ratepayers of 

16    the State of New York be paying the balance for 

17    those credits in the future?

18                 SENATOR PARKER:   Madam President, 

19    through you.  

20                 I would love to be at a place in 

21    which we had so much retail distributed 

22    generation that there were groups of people that 

23    were holding up the grid and that there were a 

24    bunch of us who were, you know, living off the 

25    land, soaking up the sun, and using as much 


                                                               3117

 1    electricity as we can.

 2                 The reality is what happens in this 

 3    system, Madam President, in real life is that 

 4    there are some months in which you produce excess 

 5    electricity, and there are other months in which 

 6    you don't.  And so it kind of balances itself 

 7    out.  

 8                 There aren't -- there aren't, you 

 9    know, people with generation systems that are 

10    doing distributed energy who are walking around 

11    with like large accounts of credits that they 

12    are -- that are unused.  It's just -- it's not a 

13    thing in this moment.  

14                 And so at this moment, and how this 

15    really works in real life, is that most people 

16    some months are paying nothing and sometimes if 

17    they're producing, you know, their own 

18    generation, some months have very small bills.

19                 SENATOR WALCZYK:   Will the sponsor 

20    continue to yield?

21                 ACTING PRESIDENT PERSAUD:   Will the 

22    sponsor yield?

23                 SENATOR PARKER:   Yes, 

24    Madam President.  

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               3118

 1    sponsor yields.

 2                 SENATOR WALCZYK:   Through you, 

 3    Madam President.  

 4                 But currently it's on an annual 

 5    basis, right?  You can accrue credits for a year.  

 6                 So in your month-to-month example, 

 7    if you have solar panels on your roof, for 

 8    example, then you're going to get the credit in 

 9    the sunnier months, you'll be producing maybe 

10    more than you're actually using at your 

11    residence, and then in the darker months of 

12    New York's winter, then you would be using those 

13    credits to offset the very high heating costs in 

14    the State of New York.  And currently it's annual 

15    on that basis, isn't it?

16                 SENATOR PARKER:   Through you, 

17    Madam President, there's an annual rollover of 

18    credits.  Right?  So that at the end of the year, 

19    if you have produced more than you used, then 

20    there's an annual rollover of credits.

21                 But also the example is not quite 

22    right because in some places, depending on how 

23    you are set up, you may or may not have your 

24    heating system set up to electricity.  So 

25    theoretically we will get to a place where, you 


                                                               3119

 1    know, hopefully everybody's heating or the vast 

 2    majority of people's heating will be set up to 

 3    electricity, but that's not necessarily always 

 4    the case.

 5                 SENATOR WALCZYK:   And through you, 

 6    Madam President, will the sponsor continue to 

 7    yield?

 8                 ACTING PRESIDENT PERSAUD:   Will the 

 9    sponsor yield?

10                 SENATOR PARKER:   Yes, 

11    Madam President.  

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.

14                 SENATOR WALCZYK:   Through you, 

15    Madam President.  Anything in this bill that will 

16    lower energy costs for the regular consumer 

17    tomorrow, next month, in the next year?  

18                 SENATOR PARKER:   Madam President, 

19    distributed energy is already in this very moment 

20    lowering energy costs.  

21                 Let's be very clear.  The rise in 

22    energy costs over the last number of years has to 

23    do with global phenomena that are outside of 

24    really the realm of the State of New York.  

25                 We are in fact doing the best that 


                                                               3120

 1    we can to in fact help our citizens, our 

 2    ratepayers, you know, the folks who are working 

 3    and living every day in our state.  And we're 

 4    trying to create a dynamic in which we can keep 

 5    their utility rates low.

 6                 But the reality is it is Putin's war 

 7    on Ukraine and Trump's illegal war on Iran which 

 8    have a deleterious effect on the global price of 

 9    natural gas.  And it is that global price of 

10    natural gas which has in fact created large 

11    spikes in energy and utility costs across the 

12    nation, not just here in the State of New York.

13                 And so the CLCPA actually, if and 

14    when fully implemented, would actually lower 

15    costs.  Right?  Because it actually is cheaper to 

16    run solar, wind, battery storage, hydro, co-gen, 

17    you know, thermal energy, than it is to run 

18    fossil fuels.

19                 We also just need more generation.  

20    Because even if we eliminated the CLCPA right now 

21    we don't have enough electrical load to meet the 

22    demands of the people of the State of New York.  

23    And so more generation would in fact help that.

24                 So I continue to be an advocate for 

25    both the full implementation of the CLCPA and the 


                                                               3121

 1    full implementation of cap-and-invest, that would 

 2    both create enough resources for us to implement 

 3    the program but then also provide the kind of 

 4    deep savings in utility costs that we would need 

 5    to offset the global phenomena that we're dealing 

 6    with, you know, because of Trump and some of the 

 7    other things that are happening globally.

 8                 SENATOR WALCZYK:   Would the sponsor 

 9    continue to yield? 

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    sponsor yield?

12                 SENATOR PARKER:   Yes, 

13    Madam President.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR WALCZYK:   Maybe I'll spend 

17    time correcting the record on some geopolitics 

18    and where natural gas is actually imported and 

19    exported from.  But I'd like to stick to the 

20    germaneness of the bill now.

21                 Geopolitics aside, New York State is 

22    50.7 percent above the national average in energy 

23    costs.  A number of colleagues here today, and 

24    you included, Mr. Chairman, have said this 

25    package of bills will lower energy costs for 


                                                               3122

 1    New Yorkers.  

 2                 How much more competitive with the 

 3    rest of the nation, which is on the same globe -- 

 4    how much more competitive with the rest of the 

 5    nation?  Will we be 30 percent above the national 

 6    average after this package of legislation is 

 7    passed, 10 percent above the national average?  

 8    Will we be at or below the national average in 

 9    energy costs after this package of bills today?  

10                 SENATOR PARKER:   Madam President, I 

11    don't think that anybody in this conference or 

12    anywhere in the state is suggesting that there is 

13    in fact a silver bullet that is in fact going to 

14    address all of the needs that we have to deal 

15    with and in context of utility affordability.

16                 However, I'm very proud to have been 

17    the chair of the Energy and Telecommunications 

18    Committee over the last number of years when we 

19    have put forward several packages every single 

20    year -- and in fact, this is our second package 

21    on utility affordability this year -- to address 

22    these issues.

23                 And so if in fact, you know, the 

24    bills that we passed earlier, the bills that 

25    we're going to pass today get passed by the 


                                                               3123

 1    Assembly, signed by the Governor and implemented, 

 2    I promise you that we will significantly reduce 

 3    utility costs.  

 4                 Now, what exactly those costs are or 

 5    what the exact number is, I don't know off the 

 6    top of my head.  But I do know that we'll be 

 7    better than what we're currently facing.  

 8                 I also know that it's better than 

 9    any other proposal that's been brought forward by 

10    any other competing group of people in the 

11    Legislature.  That no one has put forward as much 

12    around utility affordability as this conference 

13    has over the last decade, and that's just simply 

14    the fact.

15                 And by the way, it's cute to say 

16    phrases, Madam President, like "geopolitics 

17    aside," but the reality is the global price of 

18    natural gas is what keeps people's utility prices 

19    high, period.

20                 You can say forget all the other -- 

21    you know, forget it, but you can't forget it 

22    because that's in fact the reason.  Right?  So 

23    you have to come from the right place in order to 

24    understand where we're going, where we're going 

25    to.  Right?  


                                                               3124

 1                 And so here we are trying to address 

 2    a few things.  I think there may be other things 

 3    that we can do.  I don't think anybody's claiming 

 4    these are the only things that we can do.  

 5                 What we are saying, though, is that 

 6    we have ideas about what needs to be done.  And 

 7    not only are we talking about it, we're putting 

 8    our money where our mouth is by standing here in 

 9    our Legislature, passing these bills, voting on 

10    those bills, sending them to the other house and 

11    to the Governor for their approval, and fighting 

12    to make sure that utility prices in the State of 

13    New York are as low as they can be.

14                 SENATOR WALCZYK:   Madam President, 

15    on the bill.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Walczyk on the bill.

18                 SENATOR WALCZYK:   Yup, a second 

19    package of energy bills.  Look, some of these -- 

20    some of these are fine.  Some of these will do 

21    nothing.  Some of them are hurtful, frankly, to 

22    ratepayers in nuanced ways.  Most of them are 

23    pretty much nothing.  

24                 And I would counter the last point 

25    that was made about helpful ideas that have been 


                                                               3125

 1    brought forward in this chamber.  In fact, one 

 2    here today, to take the government cost off of 

 3    your utility bills, was shot down -- for its 

 4    germaneness, okay, following the procedures of 

 5    the house.  

 6                 Try and take that back to your 

 7    constituency.  Explain to them how you shot down 

 8    a piece of legislation that would remove all the 

 9    government taxes and fees for a year on their 

10    energy bills because it was ungermane or because 

11    you were following the procedures of the house.  

12                 They don't want excuses, they want 

13    real action to lower their energy bills now, 

14    tomorrow, next month.

15                 Our natural gas comes from Canada 

16    and Pennsylvania.  I got it, there's global 

17    pricing on those things.  But to understand on 

18    your utility bills, we need more supply of energy 

19    in the State of New York.  We need more supply.  

20    We don't have enough supply.  We're not producing 

21    enough electrons.  That drives up the cost of 

22    electricity.

23                 We have too much demand.  Much of 

24    the demand has been passed through this chamber 

25    on electrification of everything in the State of 


                                                               3126

 1    New York.  So that drives up demand.

 2                 Delivery, on your utility bills, 

 3    that's the cost of the utility bringing it to 

 4    your house.  And worth debating.  

 5                 The other piece that's worth 

 6    debating that we do bring forward are the taxes, 

 7    fees, surcharges, assessments -- green energy 

 8    money pots and social welfare programs that we 

 9    have jammed into people's utility bills.  

10                 They don't want to hear the excuses 

11    anymore.  They want this stuff off of their 

12    utility bills and they want the cost of their 

13    utility bill lowered.

14                 With that, Madam President, I urge 

15    my colleagues to vote no.  And I'll be doing so.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Borrello?

18                 SENATOR BORRELLO:   On the bill, 

19    Madam President.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Borrello on the bill.

22                 SENATOR BORRELLO:   You know, I know 

23    this bill and all the others that have been put 

24    forth as an urgent need to reduce utility costs.  

25    This is the third year in a row that we've voted 


                                                               3127

 1    on this bill.  And pretty much every bill that 

 2    will has been brought forth today as part of this 

 3    package, this urgent need, is the third or fourth 

 4    year that we've voted on this bill.  

 5                 So apparently it's not all that 

 6    urgent.  Apparently we're just filling some time 

 7    here and trying to make up some excuses.  

 8                 I heard a lot of things about it's 

 9    the reliance on fossil fuel here in New York 

10    State that's the reason why our utility bills are 

11    so high.  That's just simply not true.  

12                 The State of Pennsylvania relies 

13    heavily to generate electricity through natural 

14    gas and nuclear power, and our rates are 

15    50 percent higher than the State of 

16    Pennsylvania -- and as has been said, 50 percent 

17    higher than the national average.  

18                 So it's not that.  It's once again 

19    that we have told utility companies:  Do not 

20    invest here.  Do not invest in infrastructure.  

21                 And the infrastructure is failing.  

22    And our supply is dwindling.  That's why our 

23    rates are high, because of bad policies passed in 

24    this chamber because of the CLCPA.  Which is 

25    saying in another 10, 15, 20 years you're going 


                                                               3128

 1    to be out of business, and we haven't figured out 

 2    what we're going to replace that business with.  

 3    Because it will not be wind and solar; it will 

 4    not be enough.  

 5                 So we continue to watch this game, 

 6    this dangerous game of musical chairs where we 

 7    are taking away sources of power and replacing it 

 8    with nothing except for hopes and dreams and 

 9    ideas.  

10                 Goals are not plans.  We have no 

11    plan to achieve any of these radical goals.  

12    That's why our bills are going up.  That's why 

13    people are fleeing this state.  That's why people 

14    cannot afford to do this, to generate electricity 

15    here in New York State.  

16                 And by the way, that's not just me 

17    saying it.  It's not the people that actually 

18    generate real power that are saying it.  It's 

19    also NYSERDA and the Public Service Commission 

20    that have said the exact same thing.  We are not 

21    investing in reliable sources of base energy here 

22    in New York State, baseload power.  

23                 We cannot generate enough, and we 

24    are failing as a result.  And as the costs are 

25    going up, we are seeing our reliability go down.  


                                                               3129

 1    We are headed down a path of becoming a 

 2    third-world nation here in New York State where 

 3    you don't know everyday whether or not, when you 

 4    flip on that switch, that the lights are actually 

 5    going to go on.  That's the problem that we have.  

 6                 We have to stop this insanity.  We 

 7    have to restore reliable, affordable energy here 

 8    in New York State.  And this package of bills 

 9    isn't going to do any of that.

10                 Thank you, Madam President.

11                 ACTING PRESIDENT PERSAUD:   Are 

12    there any other Senators wishing to be heard?

13                 Senator Parker on the bill?  

14                 SENATOR PARKER:   Yes, 

15    Madam President.  

16                 We can have different opinions, but 

17    we have to agree on the facts.  And the facts are 

18    the facts.  And you can ask NYSERDA, you can ask, 

19    Madam President, you know, the ISO; they will 

20    tell you that it is the global cost of natural 

21    gas that has led to global spikes in energy 

22    prices.  This is not simply a New York dynamic.  

23                 But we're responsible for New York, 

24    and so what we're doing is standing here and 

25    taking the lead, as we always do here in the 


                                                               3130

 1    Democratic Conference of the State Senate.  

 2                 And so people can ignore science, 

 3    they can ignore geopolitics, they can ignore, you 

 4    know, Donald Trump, who has caused illegal wars, 

 5    who has put a kibosh -- we need -- I'm going to 

 6    agree with Senator Walczyk, we need more 

 7    generation here.  We need more generation.  But 

 8    when we try to do offshore wind, Donald Trump, 

 9    who's in his -- who's the leader of his party, 

10    put the kibosh on it.  When we tried to invest in 

11    new generation to create more electrons, it was 

12    the leader of that party that went and decided 

13    that we should not be able to produce offshore 

14    wind, to produce more electrons for our state.

15                 The reality is we are, whether 

16    anybody recognizes it or not, in the middle of a 

17    global catastrophe as it relates to climate.  

18    Last year we had the hottest summer on record, 

19    followed by the coldest winter on record.  What 

20    are we doing here?  What are we talking about?  

21                 And the reality is that we have 

22    load, yes, that is increasing.  And so we have 

23    been trying to do our best to do all of the 

24    things that need to be done while simultaneously 

25    understanding that climate change is happening.


                                                               3131

 1                 And so voting against these bills -- 

 2    and the reason why these bills come up year after 

 3    year after year is because we're dedicated to the 

 4    cause.  But everybody else has not caught up with 

 5    us yet, and we're clear about that.  And so we do 

 6    what we must, which is push forward.  Which is to 

 7    continue to bring these important ideas to the 

 8    forefront, to pass this legislation and hopefully 

 9    eventually get to a place.

10                 Most bills don't pass the first time 

11    they come out.  Actually in the State of New York 

12    the average bill takes three years to pass, the 

13    average bill.  And some of the things that we're 

14    talking about here are well beyond average.  It 

15    took us six years to pass the CLCPA, and that was 

16    once we started to -- that was once we started 

17    debating it, it took six years.

18                 And so, you know, we're here 

19    fighting for the lives of our future.  That this 

20    is not just about immediate prices, which we 

21    obviously want to address, but we're 

22    simultaneously doing what we always do, deal with 

23    competing priorities.  And so we have a priority 

24    on one hand of lowering utility prices, but 

25    simultaneously of also looking at climate change 


                                                               3132

 1    and talking about how we address that as well.

 2                 And they simultaneously have to be 

 3    done.  And we have to do that while also 

 4    simultaneously fighting a hostile federal 

 5    government that does not understand science.  

 6    Don't apparently understand war or global energy 

 7    prices either, or the prices of anything, given 

 8    how much prices have gone up after this country 

 9    has elected somebody who promised that they were 

10    going to lower prices and not get us into any 

11    global wars.  And I'm saying that has a direct 

12    effect on what we're doing here.

13                 And so what this bill attempts to do 

14    is to put the power in the hands of the people in 

15    our communities.  That if you feel like your 

16    electric bill is too high, call NYSERDA.  We have 

17    programs to help you get into distributed energy 

18    programs that will immediately lower your bills 

19    as those systems get online.  

20                 You may get a solar device on your 

21    house that allows you to net-meter it, to net 

22    meter.  You can get, you know, battery storage.  

23    You can, you know, depending on how much room you 

24    have, you can get, you know, wind turbines.  

25    Right?  You can develop co-gen, you know, 


                                                               3133

 1    projects.  And NYSERDA has resources.  

 2                 And so the money that we collect in 

 3    things like the system benefit charge and the 

 4    RGGI funds are used to in fact go back into the 

 5    pockets of our constituents as they go into these 

 6    distributed network programs that allow them to 

 7    both lower their carbon footprint, to get more 

 8    energy, right, and also produces full-time jobs 

 9    at a living wage with benefits to New Yorkers 

10    every single day.  Right?

11                 And so if you want to look at one of 

12    the fastest-growing sectors of where full-time 

13    jobs are being created right here in the State of 

14    New York, it's in clean energy.

15                 And so we stand here proud of the 

16    work that we have done over the last number of 

17    years to bring forward a set of bills that 

18    address the issue of utility affordability, but 

19    simultaneously proud of the work that we have 

20    done fighting for and maintaining the CLCPA, 

21    understanding that global climate change is a 

22    reality.  And it's something that we're 

23    experiencing, and it has a life-and-death effect 

24    on communities every single day.

25                 And so, Madam President, I vote aye 


                                                               3134

 1    on this bill, and I also ask my colleagues to 

 2    vote aye as well.

 3                 ACTING PRESIDENT PERSAUD:   Are 

 4    there any other Senators wishing to be heard?

 5                 Seeing and hearing none, debate is 

 6    closed.

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   Madam President, 

 9    we've agreed to restore this bill to the 

10    noncontroversial calendar.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is restored to the noncontroversial calendar.

13                 Read the last section.

14                 THE SECRETARY:   Section 4.  This 

15    act shall take effect on the first of January.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Rhoads to explain his vote.

21                 SENATOR RHOADS:   Madam President, I 

22    plan on voting for this legislation because I do 

23    think that consumers should receive the benefit 

24    of the electricity that is generated through 

25    their own efforts.


                                                               3135

 1                 But I am concerned about some of the 

 2    comments that have been made in this chamber.  

 3    Facts, in fact, are facts.  The fact of the 

 4    matter is we've heard everything except what 

 5    we're doing wrong here in New York State as a 

 6    reason for why utility costs are so much higher.  

 7                 Because the plans that we're putting 

 8    forward in this chamber are not working.  Putin 

 9    still exists for every other state in the 

10    United States.  Donald Trump is still president 

11    in every other state in the United States besides 

12    New York.  

13                 But what I don't hear as an 

14    explanation for why residential utility rates are 

15    50.7 percent higher here in New York than the 

16    national average.  Commercial utility rates are 

17    61.6 percent higher than the national average, 

18    here in New York.  

19                 The problem is here in New York, 

20    with the policies that come out of this chamber, 

21    and we continue to ignore it.

22                 I am voting in the affirmative, but 

23    we need to take a look at the real root cause, 

24    not look for excuses elsewhere.

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               3136

 1    Rolison {sic} to be recorded in the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar Number 629, voting in the negative are 

 5    Senators Borrello, Walczyk and Weik.

 6                 Ayes, 52.  Nays, 3.

 7                 ACTING PRESIDENT PERSAUD:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    633, Assembly Bill Number 8410, by 

11    Assemblymember Barrett, an act to amend the 

12    Public Authorities Law.  

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Lanza, why do you rise?

15                 SENATOR LANZA:   Madam President, I 

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

17    waive the reading of that amendment and ask that 

18    you recognize Senator O'Mara.

19                 ACTING PRESIDENT PERSAUD:   Thank 

20    you, Senator Lanza.  

21                 Upon review of the amendment, in 

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

23    nongermane and out of order at this time.

24                 SENATOR LANZA:   Accordingly, 

25    Madam President, I appeal the ruling of the chair 


                                                               3137

 1    and ask that Senator O'Mara be heard on that 

 2    appeal.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    appeal has been made and recognized, and 

 5    Senator O'Mara may be heard.  

 6                 Senator O'Mara.

 7                 SENATOR O'MARA:   Thank you, 

 8    Madam President, for the opportunity to be heard 

 9    on the appeal of your ruling of germaneness.

10                 This bill is completely germane -- 

11    the amendment is completely germane to the 

12    bill-in-chief here because it deals not just with 

13    NYSERDA, but also with the reporting of NYSERDA.  

14                 And we have reporting from NYSERDA 

15    in hand that has been provided to this 

16    Legislature that says that NYSERDA is holding 

17    about $2.4 billion in surcharges they've 

18    collected pursuant to the CLCPA, and that utility 

19    companies are currently holding in excess of 

20    $600 million that they've collected in surcharges 

21    that they're waiting for NYSERDA to ask for it to 

22    be sent over.  

23                 So it's in excess of $3 billion that 

24    is sitting and available to NYSERDA.

25                 To make matters worse, the reporting 


                                                               3138

 1    we have from NYSERDA is that this balance, this 

 2    excess of over $2 billion, $2.4 billion that 

 3    NYSERDA has right now, according to their own 

 4    reporting, will be a revenue excess of over 

 5    $2 billion for several years into the future as 

 6    far as their financial reporting goes.  

 7                 We've had a lot of bills here today 

 8    about trying to deal, going forward, with these 

 9    excessive rates and the growing rates in New York 

10    State.  But we've done nothing today that will 

11    provide immediate relief to ratepayers.  

12                 And this body has had two 

13    opportunities to do that today:  This bill and 

14    amendment before us now, that would return those 

15    excess revenues of $3 billion to the ratepayers 

16    at a time that it is most needed; and the 

17    previous amendment by Senator Rolison that would 

18    give us a tax and surcharge holiday going 

19    forward, so that ratepayers didn't have to pay 

20    those in this time of high bills.

21                 We talk a lot about customers being 

22    in arrears, about 1.4 million customers in 

23    arrears.  And that number of customers is growing 

24    because of the growing utility costs that we have 

25    in New York State.  Yet we're doing nothing here 


                                                               3139

 1    today that actually would immediately provide 

 2    some relief and lower costs to households on 

 3    their utility bills.

 4                 You know, a lot of complaining here 

 5    about NYSERDA costs, their surcharges, actions 

 6    that the Public Service Commission has taken.  We 

 7    knew this was going happen before 2019, when this 

 8    body passed the CLCPA.  I warned and several 

 9    others warned that in a short time we'll be here 

10    with the majorities pointing their fingers at 

11    NYSERDA and the PSC and DEC for these rising 

12    rates, and saying "I didn't raise your rates, the 

13    Public Service Commission did it.  NYSERDA did 

14    it.  DEC's doing it with their requirements and 

15    regulations." 

16                 Well, Madam President, the entire 

17    CLCPA was set up for this so that this 

18    Legislature has no direct fingerprints on actual 

19    rate increases, but gave all the authority to the 

20    Public Service Commission and NYSERDA and DEC to 

21    enact rules and regulations that this body 

22    doesn't vote on, that have led in large part to 

23    these increasing rates that we have.

24                 And as was previously stated, this 

25    CLCPA was worked on for about six years prior to 


                                                               3140

 1    its passage in 2019.  And during that time, there 

 2    was never a cost-benefit analysis done on what 

 3    the costs of these requirements were going to be 

 4    to ratepayers or New Yorkers going forward.  

 5    There still has been no cost-benefit analysis of 

 6    what these costs are going to be going forward.  

 7                 Yet when presented with two 

 8    opportunities today, clear opportunities to 

 9    immediately provide some relief -- and it's not 

10    enough, trust me, but it's something -- the 

11    Majority in this house votes no.

12                 I vote yes to provide some relief to 

13    ratepayers in New York State, as do my colleagues 

14    on this side of the aisle.

15                 Thank you, Madam President.

16                 ACTING PRESIDENT PERSAUD:   Thank 

17    you, Senator.  

18                 I want to remind the house that the 

19    vote is on the procedures of the house and the 

20    ruling of the chair.

21                 Those in favor of overruling the 

22    chair, signify by saying aye.

23                 (Response of "Aye.")

24                 SENATOR LANZA:   Show of hands.

25                 ACTING PRESIDENT PERSAUD:   A show 


                                                               3141

 1    of hands has been requested and so ordered.

 2                 Announce the results.

 3                 THE SECRETARY:   Ayes, 18.

 4                 ACTING PRESIDENT PERSAUD:   The 

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

 6    is before the house.

 7                 Senator Walczyk.

 8                 SENATOR WALCZYK:   Madam President, 

 9    I'm back.  Would the sponsor yield for some 

10    questions?

11                 ACTING PRESIDENT PERSAUD:   Will the 

12    sponsor yield?

13                 SENATOR COMRIE:   Madam President, 

14    yes, I yield.

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR WALCZYK:   Through you, 

18    Madam President.  And thank you.

19                 Do you believe NYSERDA should be 

20    more transparent with how they spend the billions 

21    in ratepayer money that was just mentioned by our 

22    colleague here on the floor?  

23                 SENATOR COMRIE:   Through you, 

24    Madam President, yes.

25                 SENATOR WALCZYK:   And would the 


                                                               3142

 1    sponsor continue to yield?  

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    sponsor yield? 

 4                 SENATOR COMRIE:   I yield.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    sponsor yields.

 7                 SENATOR WALCZYK:   Through you, 

 8    Madam President.  Do you share the concerns that 

 9    I have and many do about spending ratepayer money 

10    that they collect?  Specifically, do you believe 

11    there's enough legislative oversight over 

12    NYSERDA?

13                 SENATOR COMRIE:   Through you, 

14    Madam President, no.  

15                 I've been talking about the fact 

16    that NYSERDA and the Public Service Commission 

17    and the way that they do their rate cases, the 

18    way that they're holding on to money, is a 

19    travesty and needs to be reviewed and amended.

20                 The fact that they are holding, as 

21    Senator O'Mara just said, billions of dollars, 

22    that they wait till there's another rate case to 

23    return back to the utilities, is a travesty.  And 

24    that needs to be fixed.

25                 SENATOR WALCZYK:   And would the 


                                                               3143

 1    sponsor continue to yield.  

 2                 SENATOR COMRIE:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR WALCZYK:   Through you, 

 6    Madam President.  So there's already a 

 7    requirement in law that every six months NYSERDA 

 8    report to the Legislature.  Currently they have 

 9    to report, give a full report to the Senate 

10    Finance Committee and the chair of the Assembly 

11    Ways and Means Committee.  

12                 But I noticed in this bill you're 

13    asking for that report to also go to the chair of 

14    the Energy Committees in both houses.  

15                 Is that report -- I haven't seen it, 

16    and I've had a hard time getting any public 

17    information out of NYSERDA when I want to look, 

18    especially within the last six months or year, 

19    about how they've spent ratepayer money.  

20                 Is that because that report isn't 

21    filtering down to get to us rank-and-file 

22    legislators?

23                 SENATOR COMRIE:   No.  Through you, 

24    Madam President, the issue is clarity.  And the 

25    issue is so that people can see a fiscal clarity, 


                                                               3144

 1    that there can be actually a clear accounting, 

 2    that there can be more transparency about how the 

 3    report is developed.  

 4                 And because even the advocates, the 

 5    experts that are trying to advocate to push back 

 6    on the different rate cases that are coming up, 

 7    have trouble understanding the reports that are 

 8    out now.

 9                 So my bill, which is focused on 

10    making sure that there's a transparency and some 

11    illumination in what the agency is doing, can be 

12    transmitted down and through to other people.  

13    Because as you said, it's difficult to get.  

14    Sometimes the advocates can't even see the 

15    reports now when they're put out biannually.

16                 So we're asking for it to be 

17    delivered to additional folk, that it be expanded 

18    to include the Energy chairs, to ensure broader 

19    legislative and public oversight, which is 

20    appropriate given the scale of these resources.

21                 SENATOR WALCZYK:   Thank you.

22                 Madam President, will the sponsor 

23    continue to yield.

24                 ACTING PRESIDENT PERSAUD:   Will the 

25    sponsor yield?


                                                               3145

 1                 SENATOR COMRIE:   Yes.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    sponsor yields.

 4                 SENATOR WALCZYK:   And do you know 

 5    how -- through you, Madam President, do you know 

 6    how much ratepayer money NYSERDA is currently 

 7    sitting on in a pot that we don't have accounting 

 8    of, and how much they've asked the utilities to 

 9    set aside after they've collected it from 

10    ratepayers before NYSERDA calls it over then to 

11    spend that money?  Do you know the accounting 

12    there?

13                 SENATOR COMRIE:   I'm not -- we're 

14    not 100 percent clear on that number, and that's 

15    one of the reasons why we're asking for this bill 

16    to be represented as well, so that we can get 

17    more transparency on exactly what NYSERDA has, 

18    what monies they're holding, and why they're 

19    holding it.

20                 SENATOR WALCZYK:   Thank you.  

21                 Madam President, on the bill.

22                 SENATOR COMRIE:   Thank you.

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Walczyk on the bill.

25                 SENATOR WALCZYK:   So this bill here 


                                                               3146

 1    isn't about reducing anybody's energy bills, but 

 2    I did mention earlier in the package there are 

 3    some bills that are good.  This is good.  

 4                 The New York State Energy Research 

 5    and Development Authority doesn't really do 

 6    research; they farm it out to third parties.  

 7    They don't really -- they do some development, 

 8    maybe.  But they certainly express plenty of 

 9    authority in the State of New York to roll over 

10    everything from home rule to ratepayers.

11                 Earlier some facts came up.  Well, 

12    let's talk about the facts.  According to 

13    NYSERDA, which we don't get a whole lot of 

14    transparency from, when the CLCPA is fully 

15    implemented it will cost 60 percent more than it 

16    does today for delivery trucks to deliver food 

17    and goods to New Yorkers.  Four grand more per 

18    household in energy costs; $3.23 more for a 

19    gallon of gas for New Yorkers filling up at the 

20    pump.

21                 Who's making your bill go up?  That 

22    came up today plenty of times in debate.  Okay, 

23    well, yeah, we could discuss the global 

24    environment.  But here in New York -- and that's 

25    our job, this is the New York State Senate -- 


                                                               3147

 1    I've heard fingers pointed at the Public Service 

 2    Commission.  

 3                 Well, guess what, the Governor 

 4    appoints them and you confirm the Public Service 

 5    Commission commissioners.  The Public Service 

 6    Commission is following laws that you pass 

 7    through this chamber and through the Assembly and 

 8    who the Governor signs into law.  

 9                 And I've heard fingers pointed at 

10    utilities.  Well, those utilities are also 

11    following your laws, the ones that you've brought 

12    to the floor of this chamber, that you've passed 

13    here and in the Assembly and gotten signed into 

14    law by the Governor.  

15                 So who's making New Yorkers' bills 

16    go up?  It's you!  Surprise, it's you!  The 

17    policies that you pass here in Albany, those are 

18    the reasons that New Yorkers' bills are 

19    50.7 percent higher than the national average 

20    energy bills.  So take a look in the mirror.  

21                 However, I will say on this bill, 

22    Madam President, we do need more transparency for 

23    NYSERDA, and I applaud my colleague for bringing 

24    it to the floor.  

25                 I vote aye.


                                                               3148

 1                 ACTING PRESIDENT PERSAUD:   Thank 

 2    you.  

 3                 Are there any other Senators wishing 

 4    to be heard?

 5                 Seeing and hearing none, the debate 

 6    is closed.

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   Madam President, 

 9    we've agreed to restore this bill to the 

10    noncontroversial calendar.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is restored to the noncontroversial calendar.

13                 Read the last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect on the first of January.

16                 ACTING PRESIDENT PERSAUD:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Harckham to explain his vote.

21                 SENATOR HARCKHAM:   Thank you very 

22    much, Madam President.  

23                 I just want to correct for the 

24    record.  We just heard some numbers from our 

25    colleague across the aisle that was based on the 


                                                               3149

 1    so-called NYSERDA memo of cherry-picked numbers 

 2    that actually use a cost per carbon -- at the 

 3    risk of getting in the wonky weeds here, a price 

 4    per ton of carbon five times that of the highest 

 5    nearest state, which would be California at 37.  

 6    This was at $175 per ton.  

 7                 New York would never, ever approach 

 8    a policy like that.  It was, shall we say, 

 9    irresponsible, I believe, for the administration 

10    to have used those numbers to start this debate.  

11                 But for other folks to continue to 

12    further use irresponsible and unrealistic numbers 

13    I don't think helps the conversation.  

14                 On this bill, I thank my colleague.  

15    I'll be voting yes.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Harckham to be recorded in the affirmative.

18                 Announce the results.

19                 THE SECRETARY:   Ayes, 55.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    686, Senate Print 1966, by Senator Ryan, an act 

24    to amend the Social Services Law.

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               3150

 1    Walczyk, why do you rise?

 2                 SENATOR WALCZYK:   Madam President, 

 3    I hope the sponsor would yield for some 

 4    questions.

 5                 ACTING PRESIDENT PERSAUD:   Will the 

 6    sponsor yield? 

 7                 SENATOR RYAN:   Yes, 

 8    Madam President.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR WALCZYK:   Through you, 

12    Madam President.  Will this bill lower supply 

13    charges, delivery charges, or take off any 

14    government taxes or fees from utility bills?

15                 SENATOR RYAN:   Through you, 

16    Madam President.  

17                 Before I answer that, 

18    Senator Walczyk, I will say I want to thank you 

19    for your vote in the affirmative on this last 

20    year, so on the bipartisanship.  And the year 

21    prior.  So thank you.

22                 Will this bill lower prices?  I 

23    think it just helps consumers get the help they 

24    need, no.

25                 SENATOR WALCZYK:   Madam President, 


                                                               3151

 1    would the sponsor continue to yield?  

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    sponsor yield?

 4                 SENATOR RYAN:   Yes, 

 5    Madam President.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR WALCZYK:   Through you, 

 9    Madam President, how would it do that?

10                 SENATOR RYAN:   So what this bill 

11    does, program the automatic enrollment -- 

12    automatic reenrollment of HEAP.  So obviously 

13    those that are in need of help to pay for their 

14    energy, to keep their lights on, to keep their 

15    heat on, obviously to utilize that benefit.  

16                 It helps to reenroll them or it 

17    reenrolls them automatically so they won't have 

18    to do so themselves.  So it streamlines the 

19    process, gets those that need the help in a 

20    better way, more effective way.

21                 SENATOR WALCZYK:   Will the sponsor 

22    continue to yield? 

23                 ACTING PRESIDENT PERSAUD:   Does the 

24    sponsor yield? 

25                 SENATOR RYAN:   Yes, 


                                                               3152

 1    Madam President.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    sponsor yields.  

 4                 SENATOR WALCZYK:   Through you, 

 5    Madam President.  Yeah, and for those reasons, I 

 6    was happy to support it.  

 7                 It sounded familiar, so I did a 

 8    little bit of digging.  And while I was 

 9    disappointed that it didn't have an Assembly 

10    sponsor and pass in that house, I did a little 

11    more digging.  

12                 Are you familiar with Section 131 of 

13    the Social Services Law?

14                 SENATOR RYAN:   Yes.

15                 SENATOR WALCZYK:   Madam President, 

16    would the sponsor continue to yield.

17                 ACTING PRESIDENT PERSAUD:   Will the 

18    sponsor yield?

19                 SENATOR RYAN:   Yes, 

20    Madam President.

21                 ACTING PRESIDENT PERSAUD:   The 

22    sponsor yields.

23                 SENATOR WALCZYK:   So I -- through 

24    you, Madam President.  I reached out to a social 

25    services commissioner to ask about the impact of 


                                                               3153

 1    this legislation.  It sounded like it may even 

 2    save them some paperwork.  But they described 

 3    this bill as redundant and unnecessary.

 4                 I'm not sure if you're aware of the 

 5    timeline of Social Services Law 131, Section 131.  

 6    But this was the chapter of -- Chapter No. 764 of 

 7    2023.  It went into effect in December of 2024, 

 8    which meant last year, after your legislation 

 9    came up, the actual -- the six months after, 

10    which really became the full effective statute, 

11    to already place this in under the Office of 

12    Temporary and Disability Assistance, to include 

13    HEAP with those other pieces.  It already exists 

14    in something that they call automated file 

15    matching.  

16                 Are you aware of that, that section, 

17    that this is already in statute?  

18                 SENATOR RYAN:   Yes.

19                 SENATOR WALCZYK:   (Inaudible 

20    overtalk.)

21                 SENATOR RYAN:   Well, through you, 

22    Madam President.  Well, if I may, I don't -- so, 

23    Senator, I don't know who you spoke to, I don't 

24    know where they were, what county.  

25                 I am very much completely, fully 


                                                               3154

 1    aware that OTDA administers this.  I also know 

 2    that counties, through social services.

 3                 But the point of this is to help 

 4    streamline.  So those especially now that utility 

 5    bills are higher, in a -- especially in a winter 

 6    like we had before where we're using more energy, 

 7    using more heat, everybody can use as much help 

 8    as they can get.  It streamlines the process and 

 9    helps those that might otherwise fall out of the 

10    program to ensure they don't fall out of the 

11    program.

12                 So I think in the way that we help 

13    people, I think it's also kind of a good consumer 

14    protection bill as it is a good energy bill.

15                 SENATOR WALCZYK:   Madam President, 

16    briefly on the bill.

17                 ACTING PRESIDENT PERSAUD:   Senator  

18    Walczyk on the bill.

19                 SENATOR WALCZYK:   Yeah.  So 

20    Section 131 of the Social Services Law is the 

21    automated identification of OTDA assistance 

22    program participants.  It includes public 

23    assistance, home energy assistance programming, 

24    any other income-based programs, and includes a 

25    utility corporation affordability program giving 


                                                               3155

 1    the onus for utility companies to ensure that if 

 2    somebody qualifies for these things, there has to 

 3    be a sharing of information between OTDA and the 

 4    utility company to ensure that they don't lose 

 5    that HEAP benefit and that it carries over.

 6                 In fact, OTDA -- and this is a 

 7    "shall," not a "may" -- they take that matching 

 8    file, shall be, if confirmed as eligible for such 

 9    utility corporation affordability programs by the 

10    utility corporation enrolled in such utility 

11    corporation affordability programs by the utility 

12    corporation, within 60 days of receipt by the 

13    utility corporation the results of the automated 

14    file match.

15                 So that means within 60 days the 

16    utility has to make sure if someone qualifies for 

17    HEAP, that they do it in fact get that carryover.  

18    It puts the onus on utilities, and that's already 

19    in law.

20                 So what are the proposed changes in 

21    your bill?

22                 SENATOR RYAN:   No proposed changes.

23                 SENATOR WALCZYK:   I'm sorry, I was 

24    on the bill.  Through you, Madam President, would 

25    the sponsor yield.


                                                               3156

 1                 ACTING PRESIDENT PERSAUD:   Will the 

 2    sponsor yield?

 3                 SENATOR RYAN:   Yes, Madam 

 4    President.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    sponsor yields.  

 7                 SENATOR WALCZYK:   So how does your 

 8    bill change the statute?

 9                 SENATOR RYAN:   So to -- just very 

10    simply, it codifies the program.  It codifies 

11    that nobody falls out, makes sure that everything 

12    is being done to effectively get people their 

13    HEAP benefits that they desperately need.

14                 SENATOR WALCZYK:   Madam President, 

15    would the sponsor continue to yield.  

16                 ACTING PRESIDENT PERSAUD:   Will the 

17    sponsor yield?

18                 SENATOR RYAN:   Yes, 

19    Madam President.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR WALCZYK:   Yeah, just -- and 

23    I do support the concept and obviously supported 

24    this bill in the past.  I'm a little concerned 

25    about some of the language.


                                                               3157

 1                 So the statute, the law right now 

 2    requires OTDA to work with the utility companies 

 3    and to push this information down.  It takes that 

 4    off of the social services districts.

 5                 The way that your bill is written, 

 6    it says each social service district shall, for 

 7    every heating season, automatically reenroll.  So 

 8    this puts the onus back onto the social services 

 9    districts.

10                 I'm just concerned that that 

11    redundant and what's been described to me as 

12    unnecessary and confusing legislation, trying to 

13    meet the same intent that's already in law, may 

14    in fact be unnecessary.

15                 SENATOR RYAN:   So what this -- so 

16    this is the underlying HEAP reenrollment.  It 

17    doesn't make any changes to OTDA.  

18                 SENATOR WALCZYK:   Thank you.  

19                 Madam President, on the bill.

20                 SENATOR RYAN:   Again -- I just want 

21    to say, again, it doesn't make any changes, thus 

22    ensuring that those that need this important 

23    benefit the most get the help that they need.

24                 SENATOR WALCZYK:   Madam President, 

25    would the sponsor yield?


                                                               3158

 1                 ACTING PRESIDENT PERSAUD:   Will the 

 2    sponsor yield?  

 3                 SENATOR RYAN:   Yes, 

 4    Madam President.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    sponsor yields.

 7                 SENATOR WALCZYK:   Is there an 

 8    Assembly sponsor for this bill?

 9                 SENATOR RYAN:   Not that I'm aware 

10    of, no.

11                 SENATOR WALCZYK:   Madam President, 

12    would the sponsor continue to yield?

13                 ACTING PRESIDENT PERSAUD:   Will the 

14    sponsor yield?

15                 SENATOR RYAN:   Yes, 

16    Madam President.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR WALCZYK:   Last year this 

20    was passed in January, before the current law 

21    came into full effect.  Will there be an 

22    Assembly sponsor on this bill this year?  

23                 SENATOR RYAN:   I certainly hope so.  

24    Through you, Madam President, I certainly hope 

25    so.


                                                               3159

 1                 SENATOR WALCZYK:   Thank you, 

 2    Madam President.

 3                 ACTING PRESIDENT PERSAUD:   Thank 

 4    you, Senator.

 5                 Senator Helming, why do you rise?

 6                 SENATOR HELMING:   Thank you, 

 7    Madam President.  On the bill, please.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Helming on the bill.

10                 SENATOR HELMING:   Thank you.

11                 The bill before us requires that all 

12    social service districts automatically reenroll 

13    households in HEAP.  

14                 I think this could be a much better 

15    bill, a much stronger bill, if it included actual 

16    solutions for helping households get off HEAP by 

17    bringing down the cost of utilities.  

18                 This bill, and I want to talk about 

19    the broader package of energy bills that were 

20    passed today, does nothing to lower energy costs.  

21    This bill and the others that we voted on do not 

22    increase energy supply, they do nothing to 

23    address energy reliability.  And they don't get 

24    to the reason why New Yorkers are paying some of 

25    the highest electricity prices in the nation.


                                                               3160

 1                 Now, during an earlier debate I 

 2    heard a member say that facts are facts and the 

 3    Minority Conference needs to get on board with 

 4    the facts.  Here's a fact for you.  Recent data 

 5    shows New York's residential electricity 

 6    rates are well above the national average, and 

 7    they have been for years.  

 8                 Here's another fact for everyone.  

 9    New York State's rates are rising faster than the 

10    national trend.  Out in my district, the Democrat 

11    & Chronicle reported that nearly 67,000 RG&E 

12    households were behind on their bills at the end 

13    of 2025.  Statewide, more than 400,000 households 

14    had their power shut off last year.  

15                 And according to NYSERDA, their 

16    recent memo, people can expect their energy 

17    costs, their yearly bills, to go up by hundreds 

18    of dollars.

19                 Now, I also heard a comment about 

20    how we have to start somewhere and that's why 

21    these bills are on the floor.  There was a lot of 

22    back and forth about will these bills actually do 

23    anything to lower costs.  

24                 Well, it was pointed out earlier, 

25    some of these bills have been around for a number 


                                                               3161

 1    of years.  And here's another fact.  Bills have 

 2    increased, they have not gone down.  

 3                 There was talk about planting seeds, 

 4    that we have to start somewhere.  And I would 

 5    offer this, that the seeds that we should be 

 6    planting today should be rooted in sound policy, 

 7    not based on political party affiliation.  

 8    Because right now these policies are not getting 

 9    to the root cause.  

10                 People and businesses, we all said 

11    it today, everyone gets the calls in their 

12    offices, they're suffering.  And for some of them 

13    it's so bad that they continue to leave our 

14    state.  Some of them take their jobs with them.  

15                 We should bring to this floor great 

16    solutions regardless of political party 

17    affiliation.  We had two great bills on the floor 

18    today brought through the hostile amendment 

19    process.  They were voted down.  They're common 

20    sense.  One would give energy tax relief to 

21    everyone by removing government taxes.  Who can 

22    disagree with that?  Why would you disagree with 

23    that?  

24                 We also voted down today -- well, 

25    some members voted down today returning more than 


                                                               3162

 1    $3 billion to ratepayers that's just sitting in a 

 2    NYSERDA fund.  

 3                 Our conference has real solutions 

 4    that increase supply, reduce costs, restore local 

 5    decision-making, and check some of the powers of 

 6    ORES, NYSERDA, PSC, which we've all voiced 

 7    concerns about.  

 8                 Madam President, these are the real 

 9    steps that we need to take if we want to address 

10    the affordability crisis, the energy crisis 

11    that's happening in our state.

12                 ACTING PRESIDENT PERSAUD:   Thank 

13    you, Senator.

14                 Are there any other Senators wishing 

15    to be heard?

16                 Seeing and hearing none, the debate 

17    is closed.

18                 Senator Gianaris.

19                 SENATOR GIANARIS:   We have agreed 

20    to restore this bill to the noncontroversial 

21    calendar, Madam President.

22                 ACTING PRESIDENT PERSAUD:   The bill 

23    is restored to the noncontroversial calendar.  

24                 Read the last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               3163

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT PERSAUD:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Ryan to explain his vote.

 7                 SENATOR RYAN:   Thank you, 

 8    Madam President.  

 9                 I obviously want to speak on this 

10    bill, about the Home Energy Assistance Program.  

11    But, you know, as unaffordability continues to 

12    persist, you know, New Yorkers are certainly 

13    desperate to meet the cost of living.  

14                 We talked a lot about energy here, 

15    talked a lot about it.  And I think it was just 

16    said if we could do something about this or in 

17    this bill to reduce energy costs.  

18                 I can't -- I can't do anything about 

19    ending tariffs, the cost increases of aluminum, 

20    copper, electrical transformers that are through 

21    the roof that unfortunately energy utility 

22    companies have to pass on to us.  

23                 The volatility of gas on the global 

24    market seems to be not really things that people 

25    want to discuss.  Or the fact that I put 


                                                               3164

 1    14 gallons of gas in my car yesterday -- or last 

 2    week, and it cost me $67.  

 3                 But I guess we'll continue to blame 

 4    a law that hasn't gone into effect yet or that 

 5    we're getting sued that hasn't gone into effect.

 6                 So this bill, which requires re -- 

 7    automatic reenrollment of HEAP will take one 

 8    worry off the minds of folks who already have 

 9    enough to worry about.  Every year thousands of 

10    low-income households must reapply for HEAP, 

11    often navigating paperwork, deadlines, 

12    administrative hurdles.  Too often eligible 

13    residents lose access to the assistance not 

14    because they can no longer qualify, but because 

15    they missed a deadline or encountered barriers in 

16    the application process.

17                 This legislation directs social 

18    service districts to automatically reenroll 

19    households currently receiving HEAP benefits as 

20    long as they remain eligible under the state 

21    guidelines.

22                 So, you know, it also reduces 

23    administrative costs on the counties.  We like to 

24    talk about that, right, the unfunded -- or as I 

25    like to call some of my legislation the reverse 


                                                               3165

 1    mandate.  This is what this does, commonsense 

 2    reform.  

 3                 And, you know, as I said last week 

 4    or a couple of weeks ago on the bill, the 

 5    one-house, utility rates are also really, really 

 6    high in other states like Pennsylvania, and they 

 7    don't have the CLCPA.  So let's start having a 

 8    real conversation about what really drives energy 

 9    costs.  

10                 Thank you.  I vote in the 

11    affirmative.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Ryan to be recorded in the affirmative.

14                 Announce the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 686, voting in the negative:  

17    Senator Walczyk.

18                 Ayes, 54.  Nays, 1. 

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 Senator Gianaris, that completes the 

22    reading of the calendar.

23                 SENATOR GIANARIS:   Is there any 

24    further business at the desk today?  

25                 ACTING PRESIDENT PERSAUD:   There is 


                                                               3166

 1    no further business at the desk.

 2                 SENATOR GIANARIS:   I move to 

 3    adjourn until tomorrow, Thursday, April 16th, at 

 4    11:00 a.m.

 5                 ACTING PRESIDENT PERSAUD:   On 

 6    motion, the Senate stands adjourned until 

 7    Thursday, April 16th, at 11:00 a.m.

 8                 (Whereupon, at 5:25 p.m., the Senate 

 9    adjourned.)

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