Regular Session - May 7, 2024

                                                                   3556

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                     May 7, 2024

11                      3:15 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  

19  SENATOR JEREMY A. COONEY, Acting President

20  ALEJANDRA N. PAULINO, ESQ., Secretary

21  

22  

23  

24  

25  


                                                               3557

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

 2                 ACTING PRESIDENT COONEY:   The 

 3    Senate will come to order.  

 4                 I ask everyone to please rise for 

 5    the presentation of the colors.

 6                 Color Guard, parade the colors.  

 7                 (Whereupon, the 10th Mountain 

 8    Division Color Guard entered the chamber through 

 9    the rear doors and proceeded to the center of the 

10    chamber, presenting the colors.) 

11                 ACTING PRESIDENT COONEY:   I ask 

12    everyone present to please join me in reciting 

13    the Pledge of Allegiance.

14                 (Whereupon, the assemblage recited 

15    the Pledge of Allegiance to the Flag.)

16                 ACTING PRESIDENT COONEY:   I invite 

17    Colonel James Key, Senior Command Chaplain of the 

18    10th Mountain Division at Fort Drum, who will 

19    deliver today's invocation.

20                 Colonel.  

21                 CHAPLAIN KEY:   Thank you.  

22                 Let us pause for a word of prayer as 

23    we bow our heads and close our eyes.  

24                 Almighty God, we come to You today 

25    asking that You bless today's Senate session and 


                                                               3558

 1    the lawmakers of this august body.  On this day, 

 2    give these leaders the capacity to be tough 

 3    enough to fight, tender enough to cry, human 

 4    enough to make mistakes, humble enough to admit 

 5    them, strong enough to absorb the pain, and 

 6    resilient enough to bounce back and keep on 

 7    moving.  

 8                 Compel all of us gathered here today 

 9    to be thankful for the common things of life -- 

10    for the sun that marches every morning from the 

11    east to west, chasing darkness with a legion of 

12    light, and for the stars and planets that form a 

13    highway to heaven.  

14                 And finally, dear God, may this day 

15    remind all of us to never forget those who made 

16    the ultimate sacrifice, who stood in harm's way 

17    to secure for our nation the blessings of life, 

18    liberty, and the pursuit of happiness.  For it is 

19    in Your liberating and sustaining name that we 

20    pray.  

21                 And we all say together on this day:  

22    amen and amen.

23                 (Response of "Amen.")

24                 (Whereupon, the Color Guard lowered 

25    the colors and marched to the rear doors, exiting 


                                                               3559

 1    the chamber.)

 2                 ACTING PRESIDENT COONEY:   It is now 

 3    my honor to introduce Brigadier General 

 4    Matthew Braman to deliver opening remarks.

 5                 General.  

 6                 BRIGADIER GENERAL BRAMAN:   Well, 

 7    thank you once again for hosting us today for 

 8    10th Mountain Day and Fort Drum Day.  We call it 

 9    Albany Day up there, but down here it's Fort Drum 

10    and 10th Mountain Day.  

11                 And it is my privilege to represent 

12    Major General Anderson, our division commander 

13    and senior commander at Fort Drum, and the 

14    18,000 Alpine Troopers of the 10th Mountain 

15    Division as well their families and our civilian 

16    workforce that call Fort Drum home and work each 

17    day.

18                 I'm joined here by a great crew of 

19    compadres.  I'm here with our Division Command 

20    Sergeant Major Nema Mobar, our garrison 

21    commander, Colonel Matt Myer, as well as our 

22    garrison senior chaplain, Chaplain James Key, who 

23    just gave that awesome prayer.  

24                 I'm also joined here today by your 

25    constituents here, our soldiers from Fort Drum 


                                                               3560

 1    that grew up here and called this place home even 

 2    when they were -- before they were in the Army.  

 3                 And so how about a round of applause 

 4    for these guys from New York?  

 5                 (Standing ovation.)

 6                 BRIGADIER GENERAL BRAMAN:   It's not 

 7    lost on me that this day -- it means a lot to us, 

 8    but it wouldn't happen without a lot of great 

 9    folks and support here in the Senate, so I do 

10    want to thank the leadership.  

11                 Had a great meeting today with 

12    Senator Stewart-Cousins and Senator Ortt.  

13    Appreciate the invitation once again.  Thank you 

14    for inviting us back into your house, and we will 

15    say yes again next year.  So thank you very much.  

16                 Thank you for your father's service 

17    as part of the Greatest Generation.  

18                 And Senator Ortt, thank you for your 

19    service as a member of the New York National 

20    Guard, combat veteran.  Thank you, thank you as 

21    well.

22                 I'd also like to thank the chair of 

23    the Veterans, Homeland Security and Military 

24    Affairs Committee, Senator Scarcella-Spanton, and 

25    the ranking member as well, Jacob Ashby.  


                                                               3561

 1                 But I will tell you, last year I 

 2    stood up here and I gave you all an invitation to 

 3    come up to Fort Drum, an open invitation -- and 

 4    she did.  She said yes.  And so she got up to see 

 5    Fort Drum, got to see our families, got to see 

 6    our soldiers and veterans.  And we put her in a 

 7    helicopter and gave her the best view of 

 8    Fort Drum you could possibly see.  

 9                 So the invitation remains open.  You 

10    just have to call us and come up and visit us; 

11    we'll take great care of you.  So thanks for 

12    coming up and representing -- seeing our soldiers 

13    and our families.  

14                 I'd like to personally thank the 

15    staff of our local Senator, Mark Walczyk, who's 

16    deployed currently to Kuwait and will be back 

17    later on this fall.  His staff has taken great 

18    care of us today to get us to all the places we 

19    need to be and has made us really feel at home.  

20    So thank you to the team there.  

21                 A year ago I got to stand up here 

22    and tell you about all the great things that 

23    Fort Drum and the 10th Mountain Division was 

24    doing or about to do.  If you remember -- you 

25    probably remember I was pretty excited, because I 


                                                               3562

 1    got the greatest job in the Army.  But I think I 

 2    undersold the accomplishments of what our 

 3    families and soldiers accomplished this past 

 4    year, so let me recap a few of those things to 

 5    tell you all about it.  

 6                 Just last week we officially 

 7    welcomed back our 2nd Brigade Combat Team that 

 8    was led by Colonel Scott Wence and Sergeant Major 

 9    Chris Donaldson.  Nine months in Iraq, Syria, 

10    Kuwait and Jordan.  They led over 2,000 soldiers 

11    there, and their mission was to ensure the 

12    destruction of ISIS and to build stability in the 

13    region.  This is a mission that's not new to 

14    Fort Drum or to the 10th Mountain Division, as we 

15    are the active-duty component assigned against 

16    that mission pretty much continuously, with one 

17    exception.  We were relieved by the 44th IBCT 

18    recently, out of New Jersey.  So it's safe to say 

19    that there are constituents from that brigade all 

20    across this part of the country that are in 

21    harm's way tonight and doing the nation's 

22    business until the 10th Mountain gets back there 

23    again this fall.  

24                 This is a tough mission over there, 

25    but none of us could have predicted the events of 


                                                               3563

 1    October 7th and the impact it would have on that 

 2    region.  And our soldiers were front and center 

 3    in the center of all that chaos.  They endured 

 4    over 170 one-way drone attacks, ballistic missile 

 5    strikes, and rocket attacks the originating from 

 6    Iranian proxies in the region.  

 7                 They pioneered the Army's 

 8    counter-UAS capabilities:  How do we shoot down 

 9    drones?  They were the ones experimenting on the 

10    frontlines out of necessity for their lives, and 

11    now they're teaching it to the rest of the Army 

12    and doing it with -- light years ahead of where 

13    we thought we'd be in technology advancement in 

14    an extremely critical area.  

15                 And last spring our division 

16    headquarters, led by Major General Anderson, 

17    deployed for nine months to Romania as part of 

18    the Assure, Deter and Assist mission in Southeast 

19    Europe.  While there, we reestablished our 

20    partnership with our newest NATO allies in the 

21    High North, Sweden and Finland.  And part of our 

22    division headquarters went to Southeast Poland as 

23    an element of the Security Assistance Group 

24    Ukraine, ensuring the rapid delivery of material 

25    aid to Ukraine in helping them win the fight.  


                                                               3564

 1                 We also had the opportunity to 

 2    reestablish our Alpine roots through partnerships 

 3    with the National Ski Patrol, which originated 

 4    here in the State of New York, and the 

 5    National Outdoor Leadership School, started by a 

 6    10th Mountain Division soldier.  

 7                 And people always tell us up at 

 8    Fort Drum, like, you're the 10th Mountain 

 9    Division.  Where are the mountains?  Well, in 

10    conjunction with our partners in the New York 

11    State Department of Environmental Conservation 

12    and multiple Adirondack Park organizations, we 

13    developed multiple training lanes in the 

14    Adirondack Mountains for all soldiers to go and 

15    maneuver in that terrain to set them up for the 

16    next Climb to Glory.  

17                 And interestingly enough, we sent 

18    soldiers then around the world, to Slovenia, 

19    Norway, Finland, Bulgaria and Italy and Chile, to 

20    train with their alpine troops.  And while there 

21    in Chile, skiing in Portillo, they run into no 

22    one else but the U.S. Women's National Team, 

23    because that's where they go in July to ski, 

24    right alongside our soldiers.  And they met 

25    Mikaela Shiffrin, who's prepping for the next 


                                                               3565

 1    Olympics.  

 2                 So they had some very interesting 

 3    conversations about the history of the 

 4    10th Mountain Division as the Army ski division 

 5    and how it's translated into the modern ski world 

 6    and industry, and with these athletes.  Very 

 7    great discussion about the origins of the 

 8    division, fighting in Northern Italy and 

 9    liberating the north part of Italy through 

10    breaking the Gothic Line and freeing the 

11    Apennines.  

12                 And if you don't know this, the 

13    Winter Olympics in 2026 will be in Milan.  And 

14    because of that relationship established with the 

15    U.S. Ski Team and the Olympic Committee -- I'll 

16    give you some inside baseball here -- there's a 

17    high probability you're going to see a 

18    10th Mountain patch on the Olympians as they 

19    march into Milan 81 years after that patch 

20    liberated Northern Italy.  It's going to be a 

21    pretty amazing moment, so keep your eyes out for 

22    that.

23                 Additionally, we had -- back here in 

24    the North Country we served alongside our 

25    community during an unprecedented water outage in 


                                                               3566

 1    Watertown, New York.  I mean, we had to call 

 2    Watertown just "Town" for about a couple of days.

 3                 (Laughter.)

 4                 BRIGADIER GENERAL BRAMAN:   But in 

 5    partnership with the local community, 

 6    relationships already built and established 

 7    because that's where we work and live, we were 

 8    able to provide rapid water services until that 

 9    could be reestablished.  But that's nothing new 

10    to the North Country.  

11                 We held our annual Mountainfest 

12    celebration, which is where we open our doors to 

13    Fort Drum and invite the community to see what we 

14    do through a series of ceremonies, 

15    demonstrations, culminating in fireworks and a 

16    concert.

17                 So please, come up and see us at 

18    Mountainfest again.  This year it's July 17th 

19    through the 20th.  

20                 Today our 3rd Brigade Combat Team is 

21    in Finland, our second-newest NATO partner, 

22    participating in Defender '24, which is the 

23    largest U.S. Army exercise in Europe.  

24    Defender '24 is designed to deter adversaries, 

25    transform operational mission command, and build 


                                                               3567

 1    readiness and strengthen the NATO Alliance.  

 2                 Defender '24 is the largest exercise 

 3    since the end of the Cold War, and it's 

 4    specifically focused this year on the High North 

 5    and Eastern Flank countries.  What was most 

 6    amazing was our soldiers just last week met their 

 7    equipment at a port in Narvik, Norway, and then 

 8    convoyed 900 kilometers across Scandinavia to 

 9    link up with our Finnish allies on the 

10    Russian-Finnish border.  And they're there for a 

11    reason.  

12                 We're weeks away from our Combat 

13    Aviation Brigade deploying to Iraq, Syria and 

14    Kuwait to support the 44th IBCT.  We flew all of 

15    our helicopters to the port about a month ago, 

16    and soon 1500 aviation soldiers will be the true 

17    aviation support for the entire CENTCOM region 

18    for the next nine months.  And late this fall our 

19    1st Brigade Combat Team will be trained and ready 

20    to deploy at the needs of the National Command 

21    Authority.  

22                 So as we like to say about the most 

23    deployed division in the Army since 1985, just 

24    another day for the 10th Mountain Division and 

25    Fort Drum.


                                                               3568

 1                 So what else is the state's largest 

 2    single employer doing when it's not deploying or 

 3    redeploying its most valuable assets, our 

 4    soldiers, and taking care of our families?  

 5    We'll, we're working with the Army on proposals 

 6    to reestablish energy independence at Fort Drum 

 7    as part of the Army's climate strategy.  

 8                 We have seen our STARBASE STEM 

 9    program at Fort Drum grow.  We brought in this 

10    year 68 fifth-grade classes to our academy for a 

11    week with us from our 14 surrounding school 

12    districts.  This year we'll reach nearly 3,000 

13    students that have attended that academy in the 

14    last two years.

15                 The Army recently announced a new 

16    major restructuring initiative that began this 

17    spring which will transform our current division 

18    structure of the 10th Mountain Division to adapt 

19    to large-scale combat operations from where we've 

20    been as a counterinsurgency-centric structure for 

21    the past two decades.  This will bring new 

22    organizations to the North Country, to include 

23    the Army's newest Multi-Domain Task Force and 

24    Long Range Precision Fires units, who get to 

25    maximize the capabilities of our brand-new 


                                                               3569

 1    railhead that we recently opened and the largest 

 2    Power Projection airfield in the Northeast to 

 3    rapidly deploy at the needs of our leadership.

 4                 We've begun partnering with our tech 

 5    corridor along the I-90 corridor to leverage 

 6    Fort Drum's facilities, its ranges, to be the 

 7    center of excellence in fighting within and 

 8    against the electromagnetic spectrum through a 

 9    series of experiments and exercises run by our 

10    Division Artillery Headquarters.  But larger than 

11    that, we're looking for ways to innovate across 

12    all domains, and you have folks in your districts 

13    that can help us.  

14                 So once again, thank you for 

15    allowing us to be here today.  Thank you for all 

16    you do to make Fort Drum and the North Country a 

17    place that soldiers and families want to call 

18    home for the long game.  And please, please come 

19    visit us.

20                 Climb to Glory!  Be all you can be.

21                 (Standing ovation.)

22                 ACTING PRESIDENT COONEY:   The 

23    reading of the Journal.

24                 THE SECRETARY:   In Senate, Monday, 

25    May 6, 2024, the Senate met pursuant to 


                                                               3570

 1    adjournment.  The Journal of Sunday, May 5, 2024, 

 2    was read and approved.  On motion, the Senate 

 3    adjourned.

 4                 ACTING PRESIDENT COONEY:   Without 

 5    objection, the Journal stands approved as read.

 6                 Presentation of petitions.

 7                 Messages from the Assembly.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Senator Persaud 

10    moves to discharge, from the Committee on 

11    Children and Families, Assembly Bill Number 8322A 

12    and substitute it for the identical Senate Bill 

13    7452A, Third Reading Calendar 823.

14                 ACTING PRESIDENT COONEY:   So 

15    ordered.

16                 Messages from the Governor.

17                 Reports of standing committees.

18                 Reports of select committees.

19                 Communications and reports from 

20    state officers.

21                 Motions and resolutions.

22                 Senator Gianaris.

23                 SENATOR GIANARIS:   Good afternoon, 

24    Mr. President.  

25                 I move to adopt the 


                                                               3571

 1    Resolution Calendar, with the exception of 

 2    Resolutions 2214, 2257, 2278, 2296 and 2300.

 3                 ACTING PRESIDENT COONEY:   All those 

 4    in favor of adopting the Resolution Calendar, 

 5    with the exception of Resolutions 2214, 2257, 

 6    2278, 2296 and 2300, please signify by saying 

 7    aye. 

 8                 (Response of "Aye.")

 9                 ACTING PRESIDENT COONEY:   Opposed, 

10    nay.

11                 (No response.)

12                 ACTING PRESIDENT COONEY:   The 

13    Resolution Calendar is adopted.

14                 Senator Gianaris.

15                 SENATOR GIANARIS:   Let's begin with 

16    the resolution honoring our special guests today, 

17    Resolution 2214, by Senator Scarcella-Spanton.  

18    Read that resolution's title and recognize 

19    Leader Andrea Stewart-Cousins.

20                 ACTING PRESIDENT COONEY:   The 

21    Secretary will read.

22                 THE SECRETARY:   Resolution 2214, by 

23    Senator Scarcella-Spanton, memorializing Governor 

24    Kathy Hochul to proclaim May 7, 2024, as 

25    10th Mountain Division and Fort Drum Day in the 


                                                               3572

 1    State of New York.

 2                 ACTING PRESIDENT COONEY:   Majority 

 3    Leader Andrea Stewart-Cousins.

 4                 SENATOR STEWART-COUSINS:   Thank you 

 5    so much, Mr. President.  

 6                 And I want to thank you, 

 7    Brigadier General Braman, and certainly the 

 8    10th Mountain Division for making this day, 

 9    Fort Drum Day, very, very special.

10                 We look forward to your coming.  We 

11    look forward to thanking you for your service.  

12    And one of the things the Brigadier General said 

13    to me is that he was trying to figure out what 

14    you say, because we all say "thank you for your 

15    service."  And then he looked it up and credited 

16    someone else who gave the perfect answer.  What 

17    he says back to us now is "You're worth it."

18                 This is a mutual admiration society.  

19    So you're worth our celebrating what you do and 

20    how you do it:  The partnership that we've had 

21    since 1974; the 80,000 troops that you train; the 

22    deployment; the support of families; the ability 

23    to of course contribute to the economic growth 

24    and development of New York.  But more than that, 

25    inspiring us each and every day because of your 


                                                               3573

 1    courage and your commitment to be, yes, all that 

 2    you can be on behalf of all of us.

 3                 So we know not only from our own 

 4    families -- and again, thank you for 

 5    acknowledging my dad and my brother -- but also 

 6    right here.  Senator Walczyk who I know would be 

 7    lauding Fort Drum, is also deployed.  So we are 

 8    very, very, very much touched by what you do, and 

 9    the fact that you call it Albany Day and it's 

10    part of your calendar.  

11                 I'm also happy that there's so many 

12    guests and visitors here today, many of whom will 

13    also be lauded.  But the fact that you've told 

14    the history, you've talked about the things that 

15    you continue to do not just here, but across the 

16    world, across the globe, gives us all a really 

17    good opportunity to know that when we talk about 

18    service, we are talking about service in ways 

19    that we could never, ever imagine, most of us.  

20                 And we thank you, thank you, thank 

21    you for, again, continuing to serve, continuing 

22    to inspire us.  

23                 And I want to thank 

24    Senator Scarcella-Spanton for presenting the 

25    resolution, for actually visiting Fort Drum, 


                                                               3574

 1    which we're going to have to do because she did 

 2    the helicopter ride.  I was wondering if we could 

 3    take small kids, because, you know, I have the 

 4    grandkids.  He says no, they're not going to be 

 5    able to get on the helicopter.

 6                 However, I'm told that their video 

 7    games are like none other.  So there is something 

 8    for everyone at Fort Drum.  

 9                 And also I just want to personally 

10    say he's on his way back, the brigadier general, 

11    to the Pentagon.  He was promoted just in 

12    January.  He'd been acting for about two years or 

13    so, and so he was here last year.  And so now 

14    he's been promoted, and as soon as he's gotten 

15    promoted he's going to go back to D.C.  

16                 But again, we are encouraged because 

17    of you and because of the great men and women 

18    that serve in the 10th Mountain Division that 

19    whether you're here or whether you're in D.C. or 

20    across the globe, we are in very, very good 

21    hands.  

22                 Thank you again for your service.  

23    And yes, you're also worth all of the benefits 

24    that we in this Legislature can extend to support 

25    you.


                                                               3575

 1                 So thank you, Mr. President.

 2                 ACTING PRESIDENT COONEY:   Thank 

 3    you, Majority Leader.

 4                 Senator Scarcella-Spanton on the 

 5    resolution.

 6                 SENATOR SCARCELLA-SPANTON:   Thank 

 7    you, Mr. President.  

 8                 And thank you, Leader, for that 

 9    wonderful introduction for Fort Drum.  

10                 Welcome, Fort Drum.  Thank you so 

11    much.  I promised Senator Walczyk that I would 

12    try to make this a success, and it really seems 

13    like it came together.  I know he wishes that he 

14    could be here.  This day was really important to 

15    him as well, because he represents the area.  But 

16    I feel honorary because I did come to visit, 

17    so -- 

18                 (Laughter.)

19                 SENATOR SCARCELLA-SPANTON:   I 

20    wanted to say a special thank you to 

21    Brigadier General Braman for showing me just what 

22    it means to have a military base like this in 

23    New York.  I was able to get it from a bird's-eye 

24    view up in a helicopter, which was an amazing 

25    experience.  


                                                               3576

 1                 But really walking away from that, I 

 2    could see how integral this is to that community 

 3    overall, to see how they integrate with the 

 4    civilian life, with the hospital.  What they do 

 5    for the military spouses on that base, making 

 6    sure that the small businesses look to hire them.  

 7    I was just so impressed and blown away.  

 8                 And I really do encourage all of my 

 9    colleagues to go visit if you have an 

10    opportunity, because it's a wonderful experience.  

11    And I think it's important to see that this is 

12    happening right here in New York.

13                 And with that, I wanted to also say 

14    that today really does hold significant meaning 

15    as we commend the remarkable efforts of the men 

16    and women stationed at Fort Drum and within the 

17    10th Mountain Division, many of whom are 

18    constituents of our own.

19                 As a matter of fact, some of the 

20    gentlemen back there just returned from a 

21    deployment recently.  So give a round of applause 

22    for them.  They deserve it again.

23                 (Standing ovation.)

24                 SENATOR SCARCELLA-SPANTON:   For 

25    many years Fort Drum has been the proud home of 


                                                               3577

 1    the renowned 10th Mountain Division, a division 

 2    distinguished as one of the most deployed units 

 3    in the United States Army.  

 4                 Braving the harsh climate and 

 5    terrain of the Adirondacks, truly the best of the 

 6    best of our armed services have come out of this 

 7    remote installment.

 8                 Today and every day we pay tribute 

 9    to the 10th Mountain Division for their 

10    invaluable contributions to our defense overseas 

11    and their unwavering valor, especially in 

12    the aftermath of the September 11th attacks.  

13                 Beyond this critical role in 

14    national defense, Fort Drum stands as the largest 

15    employer in Northern New York, serving as our 

16    state's largest single-site employer in the 

17    entire state.

18                 The 33,000 soldiers and family 

19    members of Fort Drum have become an integral part 

20    of Northern New York, enriching our communities 

21    as neighbors, coworkers, classmates, friends and 

22    fellow New Yorkers.  I can say, coming from a 

23    military family, I understand the challenges of 

24    deployment, and that's why my takeaway to seeing 

25    the work you do for those families when their 


                                                               3578

 1    significant other is deployed is so incredibly 

 2    important.  And it was really refreshing to see 

 3    the work that you do with that as well.

 4                 The supportive community fostered 

 5    within Northern New York, particularly during 

 6    these deployments, is what truly sets Fort Drum 

 7    apart from other installations.  I'm honored to 

 8    have had the opportunity to shine a spotlight not 

 9    only on the brave soldiers of the 10th Mountain 

10    Division, but also on every service member family 

11    member, and the entire Fort Drum community here 

12    in the State Senate today.

13                 Thank you to my esteemed colleagues, 

14    and I proudly vote aye.

15                 ACTING PRESIDENT COONEY:   Thank 

16    you, Senator.

17                 Senator Ortt on the resolution.

18                 SENATOR ORTT:   Thank you, 

19    Mr. President.  

20                 I want to thank Majority Leader 

21    Stewart-Cousins.  I want to thank Senator 

22    Scarcella-Spanton, the sponsor of this resolution 

23    today.

24                 I certainly want to thank Senator 

25    Walczyk -- who is not here today, but as has been 


                                                               3579

 1    mentioned several times, is currently deployed.  

 2    He is extremely proud, as we all are of our 

 3    districts.  As I know Senator Skoufis is of 

 4    West Point, Senator Walczyk is equally proud of 

 5    representing Fort Drum and all that it means, not 

 6    only to the North Country, not only to New York 

 7    State, but to the United States of America and, I 

 8    would argue, the globe.  The 10th Mountain 

 9    Division has probably done more to protect free 

10    peoples and protect the interests of the 

11    United States than most.

12                 And I certainly want to thank 

13    Brigadier General Braman for his leadership, for 

14    being here today, for his kind words.  

15                 I also want to recognize Sergeant 

16    Major Mobar, because of course as we all know, 

17    any officer in the United States military knows, 

18    when you're on post, when you're in cantonment at 

19    the barracks, it is the sergeant major who is -- 

20    they are running the show there.  And I'm sure 

21    Brigadier General Braman would not mind me saying 

22    so -- in fact, I'm sure he would agree -- but I 

23    want to thank both of them for their leadership 

24    and everyone who helped make this day possible 

25    and who showed up.  


                                                               3580

 1                 Fort Drum is important.  It's 

 2    important economically to the North Country.  The 

 3    economic impact is -- really, you can't really 

 4    overstate the economic impact in just dollars 

 5    alone to the North Country, to New York State.  

 6    And that's true for a lot of military 

 7    installations, having been to several.  If those 

 8    installations were gone, the surrounding area 

 9    would really kind of dry up pretty quickly or be 

10    negatively impacted.

11                 A lot of members of the 

12    10th Mountain, when they leave their service, 

13    when they separate from service, a lot of them 

14    stay in New York and become part of our 

15    communities, whether it's in the North Country, 

16    whether it's downstate, whether it's in Western 

17    New York.

18                 But it's broader than that.  The 

19    10th Mountain Division is the most-deployed 

20    division since 9/11.  When you think of the 

21    United States' Global War on Terror, when you 

22    think of the two conflicts in Iraq and 

23    Afghanistan, when you think of all of our foreign 

24    policy challenges since September 11, 2001, it is 

25    the 10th Mountain Division that has been front 


                                                               3581

 1    and center in all of that.

 2                 And it will be the 10th Mountain 

 3    Division who will be front and center going 

 4    forward.  If you look at the faces here who just 

 5    came back from deployment, these are young 

 6    people.  I always say the irony of who fights 

 7    America's wars -- it is not middle-aged folks, it 

 8    is not older men and women, it is young men and 

 9    women.  Most people that we would call interns or 

10    young staffers in this building, those are the 

11    people leading platoons.  Those are the 

12    individuals leading squads under fire in combat 

13    with the 10th Mountain on their arm.

14                 And so we should be proud that this 

15    division, a storied unit in every major conflict 

16    in the United States, they call New York home.  

17    They call this state their home.  And that is why 

18    we are proud to recognize you, your service, your 

19    sacrifice.  But it's why we are proud to 

20    recognize that Fort Drum is a New York 

21    installation, and we want to keep it that way for 

22    the foreseeable future.  

23                 So I certainly want to thank all of 

24    you for your service.  I want to thank you for 

25    being here.  Brigadier General Braman I know is 


                                                               3582

 1    off, as the leader said, to the Pentagon.  So a 

 2    mix of congratulations and condolences, but 

 3    congratulations on the promotion.  That is almost 

 4    an equally as dangerous deployment, I'm sure he 

 5    would agree, as somewhere overseas.

 6                 (Laughter.)

 7                 SENATOR ORTT:   So be careful, 

 8    Brigadier General.  I'm sure you will.  And I'm 

 9    sure and I know the 10th Mountain and Fort Drum 

10    will be in good hands going forward.  

11                 And again, we look forward to having 

12    you here next year.  And I look forward, even 

13    though I was there several times, I never got a 

14    bird's-eye view.  I was usually in the woods or 

15    out in the field, and I was miserable and I 

16    wanted to go home.

17                 (Laughter.)

18                 SENATOR ORTT:   But I'm looking 

19    forward to going back in a different kind of way, 

20    and I would love to get the Senator 

21    Scarcella-Spanton tour, as it were, when I 

22    return.

23                 (Laughter.)

24                 SENATOR ORTT:   So thank you again 

25    for your service.  


                                                               3583

 1                 Mr. President, thank you for your 

 2    indulgence.

 3                 ACTING PRESIDENT COONEY:   Thank 

 4    you, Senator.

 5                 Senator Ashby on the resolution.

 6                 SENATOR ASHBY:   Thank you, 

 7    Mr. President.

 8                 I want to thank the Majority Leader.  

 9    I want to thank our chairwoman.  Thank you, 

10    General.  Thank you, Sergeant Major.  

11                 And it should come as no surprise 

12    that the most storied unit in our nation's 

13    history just got back from deployment and is 

14    looking to go out again.  

15                 And I can tell you that not just on 

16    Fort Drum Day, you are remembered here in this 

17    chamber.  Last year and years prior, we passed 

18    the Staff Sergeant Alex Jimenez Family Legacy 

19    Act, who was a member of the 10th Mountain 

20    Division.  And I believe that this bill will do 

21    more good than many of the things that we come 

22    across in this chamber, and it is a bipartisan 

23    effort.  And it stems from Fort Drum.  It stems 

24    from the desire to serve and sacrifice, which is 

25    what you all represent, for the betterment of our 


                                                               3584

 1    country and our state.

 2                 And even though our Governor decided 

 3    not to sign it into law, I am calling on her 

 4    again today to do so on Fort Drum Day.  And I'll 

 5    do it every day.  Because it's the right thing to 

 6    do.  It's the right message to send.  

 7                 And I want to thank you for coming 

 8    here to remind us what we stand for each and 

 9    every day, and to continue that fight and taking 

10    it overseas.

11                 Thank you to the enlisted for being 

12    the backbone of the Army.  As a junior officer, I 

13    relied on you guys a lot.  And myself, I had 

14    those same views as our leader did at Fort Drum 

15    in the woods.  Sometimes lost as a junior 

16    officer, I had to lean on my enlisted to find my 

17    way.  

18                 And hopefully someday I'll get the 

19    Senator Scarcella-Spanton tour as well, from the 

20    sky.

21                 Thank you, Mr. President.

22                 ACTING PRESIDENT COONEY:   Thank 

23    you, Senator.

24                 To our guests from Fort Drum, I 

25    welcome you on behalf of the Senate.  


                                                               3585

 1                 We extend to you the privileges and 

 2    courtesies of this house.  Please rise and be 

 3    recognized.  

 4                 (Extended standing ovation.)

 5                 ACTING PRESIDENT COONEY:   As we are 

 6    adopting the resolution, the question is on the 

 7    resolution.  All in favor signify by saying aye.

 8                 (Response of "Aye.")

 9                 ACTING PRESIDENT COONEY:   Opposed, 

10    nay.

11                 (No response.)

12                 ACTING PRESIDENT COONEY:   The 

13    resolution is adopted.

14                 Senator Gianaris.

15                 SENATOR GIANARIS:   Let's move on.  

16    We have a robust agenda of resolutions and 

17    introductions today, so let's move on now to 

18    previously adopted Resolution 2026, by 

19    Senator Stavisky, read that resolution's title, 

20    and recognize Senator Stavisky.

21                 ACTING PRESIDENT COONEY:   The 

22    Secretary will read.

23                 THE SECRETARY:   Resolution 2026, by 

24    Senator Stavisky, memorializing Governor 

25    Kathy Hochul to proclaim May 7, 2024, as 


                                                               3586

 1    Queens Day in the State of New York.

 2                 ACTING PRESIDENT COONEY:   Senator 

 3    Stavisky on the resolution.

 4                 SENATOR STAVISKY:   Thank you, 

 5    Mr. President.

 6                 And thank you, Deputy Majority 

 7    Leader, from the Queens delegation.

 8                 First let me welcome our friends 

 9    from the Queens Chamber of Commerce, particularly 

10    Tom Grech, the executive director; Joanne Persad, 

11    the chief operating officer; and Howard Graf, the 

12    chair of the Queens Chamber of Commerce Board -- 

13    but also the people who came up to Albany today 

14    to celebrate the rich cultural heritage that 

15    Queens represents.  

16                 And I must tell you I am so proud to 

17    represent a district in Queens County which 

18    covers a good chunk of area from Astoria to the 

19    Nassau County line, and then south to 

20    Jamaica Avenue, representing so many different 

21    communities.

22                 And Queens is a county of 

23    neighborhoods.  People don't say, Where do you 

24    live?  Oh, I live in New York City, or I live in 

25    Queens.  They say:  I live in Astoria, I live in 


                                                               3587

 1    Laurelton, I live in Queens Village.  I live in 

 2    Whitestone.  We are neighborhoods with a sense of 

 3    community, which I think is so unique to our 

 4    city.

 5                 There are a lot of people in 

 6    Queens County, 2.4 million people.  We are the 

 7    largest borough in the City of New York, 

 8    approximately 108 square miles.  And yet we know 

 9    each other, we work together with each other.  

10    The Queens delegation is united.  We're all 

11    friends, we look out for one another, and I think 

12    Queens benefits as a result.

13                 The other -- a number of other 

14    things that I do want to mention.  We have an 

15    amazing school system where over 130 languages 

16    are spoken in our schools.  And in fact, of the 

17    almost 2.5 million people, most or many were not 

18    born in Queens.  And I was not born in Queens.  I 

19    am a resident by choice.  I moved to Queens when 

20    I got married.  But I've been in the Senate, and 

21    as I said, I am so proud to represent 

22    Queens County.

23                 Queens was settled back in the 

24    17th century, interestingly, by the Lenape Native 

25    Americans who came from New Jersey and 


                                                               3588

 1    Pennsylvania.  They were part of the 

 2    Algonquin Tribe.  And they moved into Queens and 

 3    settled here.  Until the Dutch came along, and 

 4    then the British.  And in fact, Queens was named 

 5    after the queen consort for Charles II back in 

 6    the 17th century.

 7                 Queens is considered the birthplace 

 8    of religious freedom, for example.  The Flushing 

 9    Remonstrance was issued to establish religious 

10    freedom.  In fact, Peter Stuyvesant was the 

11    person to whom it was addressed.  And in Albany, 

12    if you go across to the -- I can't remember if 

13    it's the library -- the State Library or the 

14    State Museum, it exists there.  We brought it 

15    down a number of years ago on the -- on an 

16    anniversary.  But it is sitting partially 

17    damaged, unfortunately, here in Albany, which I 

18    think is significant.

19                 In fact, Queens was a separate town.  

20    It was called the Town of Newtown when it was 

21    first organized, until 1898, when it became part 

22    of the City of New York when all of the five 

23    boroughs became part of the city.

24                 And I know there are a lot of people 

25    who wish to speak, and we have a lot of 


                                                               3589

 1    resolutions today.  So let me just close by 

 2    thanking everybody for coming.  I know my 

 3    colleagues are going to talk about the -- I'm 

 4    sure the sports teams that we're so proud of, but 

 5    also the restaurants.  And tonight at 5 o'clock 

 6    at the Hart Lounge, the Queens Chamber of 

 7    Commerce has brought along some samples for you 

 8    to try.  It's Taste Queens -- A Taste of Queens, 

 9    and we invite everybody to join us.

10                 So, Mr. President, I thank you.

11                 ACTING PRESIDENT COONEY:   Thank 

12    you, Senator.

13                 Senator Gianaris on the resolution.

14                 SENATOR GIANARIS:   Thank you, 

15    Mr. President.

16                 I rise once again to remind all my 

17    colleagues that of the 62 great counties in New 

18    York State, Queens is the greatest.  

19                 (Laughter; applause.) 

20                 SENATOR GIANARIS:   We could talk 

21    about the food, the entertainers.  I'll let 

22    Senators Comrie and Sanders talk about the 

23    hip-hop artists that stem from Queens.  Political 

24    figures, except for one guy who we don't talk 

25    about on this side of the aisle.  We'd like to 


                                                               3590

 1    disown him, but that's a whole separate 

 2    conversation.  

 3                 (Laughter.)

 4                 SENATOR GIANARIS:   But Queens 

 5    really does have it all.  You see that reflected 

 6    in our own delegation here in the Senate as well 

 7    as in the Assembly.  All of the world is 

 8    represented in Queens County.  And I don't think 

 9    there's a place on earth that can say that the 

10    way that Queens can.  And we have some great 

11    leaders from Queens with us today.  There's going 

12    to be a great sampling of the food I just 

13    referenced at the Taste of Queens, if we can make 

14    it out of here on time.  And I'm sure we will, 

15    because we don't want to miss out on the great 

16    expression of all that Queens has to offer.  

17                 My colleagues are going to talk at 

18    length, I'm sure, about the additional greatness 

19    that you should all be thankful for.  And I'll 

20    leave that to them.  But for today, as Queens Day 

21    here in the State Senate, I thank our friends 

22    from back home who have journeyed up to see us 

23    today and look forward to catching up with them 

24    over at the Egg a little bit later.

25                 Thank you, Mr. President.  


                                                               3591

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Comrie on the resolution.

 3                 SENATOR COMRIE:   Thank you, 

 4    Mr. President.  

 5                 I rise today to speak on the 

 6    resolution because it's Queens Day.  I said it, 

 7    I'll say it again.  It's Queeeens Day.  

 8                 (Hooting.)

 9                 SENATOR COMRIE:   You know, I'll 

10    second what Senator Gianaris said.  Queens is the 

11    best borough that's been.  I've been proud to 

12    have spent my entire life serving the borough, my 

13    entire life in public service working on behalf 

14    of Queens.  

15                 Queens reflects the world.  Queens 

16    is changing the world.  Our borough boasts so 

17    many renowned alumni, from Jerry Seinfeld to LL 

18    Cool J to Leslie Odom to Richard Rodgers to 

19    Idina Menzel, Louis Armstrong, Count Basie, 

20    Tony Bennett, Martin Scorsese, Fran Drescher, 

21    Lucy Liu, even Jon Favreau -- and so many more.  

22                 Queens has worked with so many 

23    people that have transformed music, theater, 

24    film, literature, journalism and politics.

25                 Over the past few decades we've been 


                                                               3592

 1    able to see so many new thriving businesses, 

 2    including a growing tech hub, including the 

 3    expansion of the stadiums, the ability to redo 

 4    and improve La Guardia Airport and now Kennedy 

 5    Airport, which is so needing of improvement, so 

 6    that we can deal with all of the folks -- 

 7    everybody in New York comes through Queens.  

 8                 You get to experience Queens traffic 

 9    and congestion, but then you get to experience 

10    all of the restaurants and the diversity of 

11    Queens.  You can actually go on one block in 

12    certain areas of Queens and see seven different 

13    cultural types of restaurants and have a great 

14    experience at each one.

15                 I want to not forget taking time to 

16    thank Tom Grech and the Queens Chamber of 

17    Commerce.  Thanks to them for making sure that we 

18    continue to bring Queens to Albany so -- because 

19    Queens is coming to Albany not just to show its 

20    culture but to boast about its business.  Not 

21    just to give you an opportunity to have a taste 

22    of great restaurants, but to show what we are 

23    trying to do economically, what we are trying to 

24    do to help young people, what we're trying to do 

25    with the innovative and enterprising, 


                                                               3593

 1    entrepreneuring spirit that we have with all of 

 2    our businesses in Queens that need help.  

 3                 I see we have also partners in 

 4    government that are here today, everyone from 

 5    Citi Field, folks from Citi Field to folks from 

 6    Resorts World, folks from the hospitals that are 

 7    here today to show you what we have done in 

 8    Queens, how Queens is changing the world, how 

 9    Queens is becoming a major influence.

10                 And I want to just say that also 

11    while we have a diverse community, all Queens 

12    residents want the same thing.  They want to have 

13    a better life, a great community, an opportunity 

14    for their children to learn and thrive.  Queens 

15    people are New Yorkers.  Queens people are 

16    leading the way as New Yorkers because we are 

17    trying to make sure that we are the best borough 

18    to ensure that we work on things as a family, we 

19    figure out things as a unit, and we do things to 

20    make sure that the borough can continue to grow.

21                 I will end by saying that while I 

22    love being in Queens and it's been a great 

23    opportunity for me and my colleagues, I look 

24    forward to spreading the love of Queens 

25    throughout the state today by having A Taste of 


                                                               3594

 1    Queens, and also inviting you to come to Queens 

 2    so that we can show you what the best borough 

 3    has.

 4                 Thank you, Mr. President.

 5                 ACTING PRESIDENT COONEY:   Thank 

 6    you, Senator.

 7                 Senator Sanders on the resolution.

 8                 SENATOR SANDERS:   It's easy to 

 9    speak of this one, Mr. President, when you look 

10    at some of the great things of Queens.

11                 Before they leave, I encourage you 

12    all to look at the greatness of Queens which is 

13    rising above us, seems to rise above us at all.  

14    Tom Grech, who stands above everyone, 

15    seemingly -- but all of the greatness in Queens.  

16                 This way when you have trouble -- 

17    the world has so much trouble getting along, 

18    having difficulty solving things from the 

19    Middle East to Europe to wherever.  They all need 

20    to take a trip to Queens.  Perhaps we should 

21    insist that the UN return to Queens again, and 

22    that way we can solve some of the problems of the 

23    world.  And that the Queens Chamber of Commerce, 

24    of course, can teach us all.  

25                 And that's what we're going to learn 


                                                               3595

 1    tonight in between some of the great food of 

 2    Queens.  I absolutely give a Queens "Yes" to this 

 3    one.

 4                 ACTING PRESIDENT COONEY:   Senator 

 5    Addabbo on the resolution.

 6                 SENATOR ADDABBO:   Thank you, 

 7    Mr. President.

 8                 I want to thank Senator Stavisky for 

 9    this resolution, and certainly great work with my 

10    Queens colleagues.  And I want to welcome all 

11    those who are coming from Queens.  Again, born 

12    and raised in Queens my whole life, I am very 

13    proud of the borough.

14                 And I think I said it last year.  

15    With two airports in our borough, two major 

16    airports, La Guardia and JFK, when you set foot 

17    into Queens, you set foot into the world.  With 

18    half our residents in Queens foreign-born, and 

19    over 800 languages spoken in our borough, it 

20    truly is reflective of the world.  

21                 And I think that diversity is what 

22    gets us through -- to Senator Sanders' point, it 

23    gets us through a lot of our conflicts, a lot of 

24    our troubled times.  And I do want to thank those 

25    colleagues, but also those here from Queens like 


                                                               3596

 1    Tom Grech and the Queens Chamber and all those 

 2    who work with us throughout the year to make sure 

 3    that our residents in Queens are taken care of.  

 4                 Some of the sports were mentioned -- 

 5    Citi Field Mets.  Let's go, Mets!  Right, 

 6    Senator Gianaris?  But also home to the U.S. Open 

 7    and the Billie Jean King Tennis Center.  Home of 

 8    the new stadium for the New York City Football 

 9    Club, the soccer stadium.  Still home to 

10    Aqueduct, while we still have it for a couple of 

11    years.  The iconic Aqueduct.  And right next to 

12    Aqueduct, as chair of the Racing, Gaming and 

13    Wagering Committee I want to thank Resorts World 

14    for being such a great neighbor, not only for its 

15    economic impact locally and to the state of 

16    $4 billion to education every -- to this point 11 

17    years later.  But during the pandemic, during 

18    Hurricane Sandy, during any real issue that 

19    happens in our borough, Resorts World has been 

20    there, and I want to say thank you.

21                 But again to the chamber, because we 

22    have so many small businesses which are the 

23    backbone for our borough, who provide so many 

24    great local jobs -- I want to thank the Queens 

25    Chamber also for guiding us through the pandemic, 


                                                               3597

 1    but that these businesses have been through a 

 2    lot -- Hurricane Sandy, Hurricane Irene, 

 3    pandemics.  And yet they are resilient in their 

 4    efforts to stay open.  

 5                 And I want to thank those small 

 6    businesses.  I want to again say thanks to the  

 7    chamber.  But to all those who work with us to 

 8    make Queens a great place to live, work and raise 

 9    a family, thank you very much.  

10                 I'll be voting yes on the 

11    resolution.  Thank you, Mr. President.  

12                 ACTING PRESIDENT COONEY:   Thank 

13    you, Senator.

14                 Senator Ramos on the resolution.  

15                 SENATOR RAMOS:   Thank you.  Happy 

16    Queens Day to everyone.  

17                 You know, for my speech I usually 

18    ask my constituents what their favorite things 

19    about Queens are, and usually they just give me 

20    back whatever their favorite restaurant is -- 

21    which is very controversial stuff, I've learned.  

22                 So this year I asked them what's 

23    their favorite block.  And people shouted out 

24    some beautiful streets in Astoria and Sunnyside 

25    and Forest Hills and Jackson Heights and beyond.  


                                                               3598

 1    But after hearing from so many trolls trashing it 

 2    over the last few years, it filled my heart to 

 3    hear some love for Roosevelt Avenue.  It's been 

 4    my favorite for as long as I can remember too.  

 5    And I want to dedicate this Queens Day to 

 6    everyone who makes Roosevelt Avenue the vibrant 

 7    place that it is.  

 8                 I fell in love with Roosevelt Avenue 

 9    at an early age.  Growing up, my father would 

10    take us down to Roosie after church on Sundays to 

11    our favorite restaurants and to help different 

12    ongoing community organizing efforts.  Even back 

13    then, Roosevelt Avenue was poorly lit and teemed 

14    with immigrant-owned businesses.  I remember 

15    these immigrants, among them my parents, 

16    advocating for resources from their elected 

17    officials, and then being largely ignored.  

18                 Then when I was 14, I started my 

19    first job at a law firm right on Roosevelt Avenue 

20    and 83rd Street.  I worked there for seven years, 

21    and throughout those years I met day laborers who 

22    got hurt on construction sites, sex workers that 

23    needed to be bailed out of jail and were scared 

24    to report their traffickers, and all sorts of 

25    immigrants applying to legalize their status in 


                                                               3599

 1    our country.  

 2                 Not much has changed.  There's just 

 3    more immigrants now.  People on Roosie work like 

 4    crazy to make their American dreams come true.  I 

 5    call it the New York hustle.  Day laborers, 

 6    street vendors, small business owners, 

 7    deliveristas and everyone else there are figuring 

 8    it out while they continue to be ignored by city 

 9    government, just like my parents and their 

10    friends many decades ago.  

11                 Consistent city budget cuts have 

12    slowed sanitation pickups and DOT seems fine 

13    leaving the avenue riddled with potholes.  

14    There's human trafficking and the city looks the 

15    other way.  I've lived off of Roosevelt Avenue in 

16    Corona and Jackson Heights for nearly 20 years of 

17    my life and counting.  I love Roosevelt Avenue, 

18    and I'll keep fighting until the city does their 

19    job and we win immigration reform.  

20                 From the perspective of our work 

21    here, I'm proud that we won MTA upgrades to the 

22    seven train stations at 82nd Street, 103rd and 

23    111, and I hope next year our one-house budget 

24    win for a new 74th Street Station makes it into 

25    the new MTA capital plan.  


                                                               3600

 1                 I'm so proud to be a daughter of 

 2    Queens today and every day.  I vote aye.

 3                 Thank you.

 4                 ACTING PRESIDENT COONEY:   Senator 

 5    Persaud on the resolution.

 6                 SENATOR PERSAUD:   Thank you, 

 7    Mr. President.  

 8                 How do I follow that?  I'll just be 

 9    brief.  You know, we've heard great things about 

10    Queens.  I am a representative of Queens, but I 

11    have the smallest constituency of the Queens 

12    delegation.  

13                 And there's this conversation about 

14    which is the better borough.  I straddle two 

15    boroughs.  And to me, they're both great 

16    boroughs.

17                 SENATOR RAMOS:   But one's better.

18                 SENATOR PERSAUD:   No, they're no -- 

19    one is not better than the other.  

20                 (Laughter; catcalls.)

21                 SENATOR PERSAUD:   Today we're -- 

22    today we're celebrating Queens.  Let me tell you, 

23    today we're celebrating Queens.  But both of my 

24    boroughs are great boroughs.  

25                 Happy Queens Day to everyone.  


                                                               3601

 1                 (Laughter.)

 2                 ACTING PRESIDENT COONEY:   Senator 

 3    Liu on the resolution.

 4                 (Laughter; overtalk.)

 5                 SENATOR LIU:   Mr. President, the 

 6    food is served at 5:00 p.m. in the Hart Lounge.  

 7                 I agree with everything that my 

 8    colleagues have said already, except they forgot 

 9    one thing, Queens being the birthplace of 

10    hip-hop.  

11                 (Groans; overtalk.)

12                 ACTING PRESIDENT COONEY:   Senator 

13    Gonzalez on the resolution.

14                 SENATOR GONZALEZ:   Thank you, 

15    Mr. President.

16                 I think my colleagues have said it 

17    best.  Queens, as one of the most diverse places 

18    in the entire world, language capital of the 

19    world, has really made me who I am.  As someone 

20    who was born and raised in Elmhurst, and has the 

21    incredible opportunity of representing Astoria 

22    and Long Island City, I do really want to speak 

23    to the fact that growing up in Queens is what 

24    taught me how to be an organizer.  It is an 

25    incredibly diverse community of immigrants that 


                                                               3602

 1    work together to support each other in every 

 2    possible way, whether it was in a pandemic or 

 3    just helping each other every single day make our 

 4    way, navigate really complex systems.  

 5                 And so it's of course the food, it's 

 6    of course the people.  But it really is the 

 7    spirit of organizing, for me, that makes Queens 

 8    so special.  

 9                 So I want to thank Senator Stavisky 

10    for this resolution.  I want to thank the 

11    Queens Chamber of Commerce for all of the work 

12    that they do organizing the small businesses in 

13    our -- especially in our neighborhoods.  And I 

14    want to thank all of my colleagues for the 

15    incredible Queens delegation that's been working 

16    hard to bring back wins.  

17                 So thank you.

18                 ACTING PRESIDENT COONEY:   Thank 

19    you, Senator.  

20                 Senator Bailey on the resolution.

21                 SENATOR PERSAUD:   Oh, no.

22                 SENATOR BAILEY:   Roxy, I gave you 

23    -- I applauded you on your borough-straddling 

24    discussion.  And I will honestly state that 

25    Queens is an incredible place.  The Mets, the 


                                                               3603

 1    Tennis Center, the people, the food -- so many 

 2    amazing things about Queens that are 

 3    indisputable, can't take away.  

 4                 However, there seems to be a 

 5    continuous perpetuated incorrect rumor that we 

 6    need to put to bed today that Queens somehow had 

 7    a hand in the creation of hip-hop.  Now, my 

 8    colleagues will say Queens made it better.  And 

 9    yes, I will agree that there are so many 

10    luminaries -- see, I'm using the Eminem 8 Mile 

11    battle technique:  I know what you're gonna to 

12    say; I'm gonna say it first.  

13                 Yeah, there are great MCs in Queens.  

14    But on August 11, 1973, at 1520 Sedgwick Avenue 

15    in the Borough of the Bronx, in Senator Serrano's 

16    district -- not at whatever location people 

17    purport it to be in the great Borough of 

18    Queens --

19                 SENATOR RAMOS:   Queensbridge.

20                 SENATOR BAILEY:   Didn't start in 

21    there.  

22                 But even though the Bronx did once 

23    say "The bridge is over, the bridge is over, 

24    biddy-bye-bye, the bridge is over, the bridge is 

25    over, hey, hey."  


                                                               3604

 1                 I will say that the relationship 

 2    between the Borough of Queens and the world is 

 3    not over.  I do salute you all, Queens, my 

 4    colleagues, I appreciate the work that you do.  

 5    And most importantly, the people of the great 

 6    Borough of Queens, I salute you for all that you 

 7    do and all that you are.  You are truly the 

 8    world's borough, even if you're not the creators 

 9    of hip-hop.  

10                 I vote aye, Mr. President.

11                 ACTING PRESIDENT COONEY:   Thank 

12    you, Senator Bailey.

13                 Senator Thomas on the resolution.

14                 SENATOR THOMAS:   Thank you, 

15    Mr. President.

16                 And thank you, Senator Stavisky, for 

17    this resolution.  There's been a lot of debate 

18    from my colleagues about which is the best 

19    borough.  You know, whether it is Queens or 

20    Brooklyn.  But I just want to remind folks that 

21    both Queens and Brooklyn are on Long Island.  So 

22    this is --

23                 (Laughter.)

24                 SENATOR THOMAS:   -- this is about 

25    Long Island.  So happy Long Island Day.  All 


                                                               3605

 1    right?  

 2                 (Laughter.)

 3                 SENATOR THOMAS:   And we've got a 

 4    very diverse population, great food, amazing 

 5    elected officials.  So please join us today for 

 6    some amazing food from Long Island.

 7                 And Happy Queens Day.

 8                 (Laughter.)

 9                 ACTING PRESIDENT COONEY:   The 

10    resolution was adopted on March 26th.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Please recognize 

13    Senator Rivera for an introduction.  

14                 ACTING PRESIDENT COONEY:   Senator 

15    Rivera.

16                 SENATOR RIVERA:   Thank you, 

17    Mr. President.

18                 And no, I'm not going to wade into 

19    this, although we all know that hip-hop was 

20    created in the Bronx.  

21                 I will, however, Mr. President, 

22    stand up.  We're very lucky in this chamber to, 

23    from time to time, welcome national leaders and 

24    international leaders.  And I'm very glad to 

25    welcome Carlos Alvarado Quesada, former 


                                                               3606

 1    president, the 40th president of the Republic of 

 2    Costa Rica.  

 3                 He is -- when he became president 

 4    back in 2018, Mr. President, he was the 

 5    youngest -- he was 36 years old, I believe -- 38.  

 6    Thirty-eight.  Still, president of a 

 7    Latin American country at 38.  

 8                 He was somebody -- under his 

 9    leadership, Costa Rica contributed to the global 

10    efforts against global climate change, defended 

11    human rights, democracy, and multilateralism.  

12                 And in the case of President 

13    Alvarado Quesada, in 2019 he was not only named 

14    to Time's 100 Next Emerging Leaders from around 

15    the world who are shaping the future and defining 

16    the next generation, he also launched 

17    Costa Rica's national decarbonization effort, the 

18    first of its kind since the Paris Agreement of 

19    2015.  And in 2022 he was named -- received the 

20    Planetary Leadership Award by the National 

21    Geographic Society.  

22                 So I am glad that he is here in 

23    Albany.  He is talking to some of my colleagues 

24    about an important piece of legislation that I 

25    will talk to you about individually that could, 


                                                               3607

 1    from the State of New York, shape what happens 

 2    around the world.  But we wanted to make sure 

 3    that we welcomed him to the chamber this 

 4    afternoon.  

 5                 Thank you, Mr. President.

 6                  ACTING PRESIDENT COONEY:   Thank 

 7    you, Senator Rivera.  

 8                 Mr. President, I welcome you on 

 9    behalf of the Senate.  We extend to you the 

10    privileges and courtesies of this house.  

11                 Please rise and be recognized.

12                 (Standing ovation.)

13                 ACTING PRESIDENT COONEY:   Senator 

14    Gianaris.

15                 SENATOR GIANARIS:   Please recognize 

16    Senator Krueger for another introduction.

17                 ACTING PRESIDENT COONEY:   Senator 

18    Krueger.  

19                 SENATOR KRUEGER:   Thank you very 

20    much.  

21                 I rise to introduce my guests from 

22    my district, the Knickerbocker Greys.  Why don't 

23    you stand up, everyone.  Thank you.  

24                 The Knickerbocker Greys, founded in 

25    1881, is a not-for-profit charity and the oldest 


                                                               3608

 1    after-school program for children ages six to 16 

 2    in New York City.  Cadets are afforded 

 3    opportunities to develop character, confidence, 

 4    perseverance, social skills, and problem solving 

 5    in a fun and unique way unlike any other found in 

 6    the city and likely the country.

 7                 They operate out of a fabulous 

 8    armory on 67th and Park.  They are -- well, I 

 9    guess the history of the Greys is fascinating, 

10    since it's over 136 years old, with over 4500 

11    New Yorkers who have been members of the Greys 

12    Cadet Corps.  But I just want to mention a few 

13    names of previous cadets people probably will 

14    know here:  Nelson Rockefeller; David 

15    Rockefeller; Douglas Fairbanks, Jr.; Pierpont 

16    Morgan Hamilton; Cornelius Vanderbilt, Jr.; 

17    John Lindsay; and Lowell Thomas.  

18                 Today they drill proudly in the 

19    Seventh Regiment Armory on Park Avenue and 

20    66th Street.  Boys and girls from a diverse list 

21    of independent, magnet, parochial and public 

22    schools located in Manhattan, Brooklyn, the Bronx 

23    and even Westchester County have participated in 

24    the Greys.  

25                 I'm delighted they got to be here 


                                                               3609

 1    today on Fort Drum Day.  It seems very 

 2    appropriate that you young people got to see our 

 3    actual soldiers and the role that they play in 

 4    our state and government.  And I'm very proud of 

 5    the work that all of you are doing.  And I'm also 

 6    very proud of David Menegon, who runs the program 

 7    as a volunteer and has been doing an amazing job 

 8    with it for years.  

 9                 And you might hear from me on some 

10    of their issues, because for some reason the 

11    armory which we in the State of New York rent to 

12    an arts group now isn't sure they want to let the 

13    Greys stay there, after 136 years.  And that is 

14    not acceptable.  

15                 So I am delighted they came today.  

16    I know they got to participate at the Assembly 

17    level also.  I hope you had a good educational 

18    day here in our beautiful Capitol.  And thank you 

19    for joining us.

20                 Thank you, Mr. President.  

21                 ACTING PRESIDENT COONEY:   Thank 

22    you, Senator Krueger.

23                 To our guests, I welcome you on 

24    behalf of the Senate.  We extend to you the 

25    privileges and courtesies of this house.  


                                                               3610

 1                 Please continue to rise and be 

 2    recognized.

 3                 (Standing ovation.)

 4                 ACTING PRESIDENT COONEY:   Senator 

 5    Gianaris.

 6                 SENATOR GIANARIS:   Please recognize 

 7    Senator May for an introduction.  

 8                 ACTING PRESIDENT COONEY:   Senator 

 9    May for an introduction.

10                 SENATOR MAY:   Thank you, 

11    Mr. President.  

12                 I am thrilled to welcome the Moravia 

13    Blue Devils, the Boys and Girls Basketball Teams 

14    from Moravia, in the Finger Lakes.  Both the Boys 

15    and Girls Varsity Basketball Teams finished the 

16    year this year with a 23 and 3 record.  Both of 

17    them went on to win with the Class C State 

18    Basketball Championships.  In the girls' case, 

19    they came from behind and won by one point.  In 

20    the boys' case they were tied at the half and won 

21    by three points.  

22                 And with those victories they became 

23    the first time two teams from the same high 

24    school have held the Class C championship.

25                 I just want to congratulate you.  


                                                               3611

 1    I'm thrilled that you are able to be here with 

 2    us.  I know that you were in the Assembly before.  

 3    We at the Senate are very happy to welcome you 

 4    and congratulate you.  

 5                 The Moravia Blue Devils are coached 

 6    by Head Coach Todd Mulvaney and Assistant Coaches 

 7    Gabe Short, Parker Dickenson, and Cory Langtry.  

 8                 And I ask my colleagues to welcome 

 9    them and congratulate them.  

10                 Thanks for being here.

11                 ACTING PRESIDENT COONEY:   Thank 

12    you, Senator May.

13                 To our guests, I welcome you on 

14    behalf of the Senate.  We extend to you the 

15    privileges and courtesies of this house.  

16                 Please rise and be recognized.

17                 (Standing ovation.)

18                 ACTING PRESIDENT COONEY:   Senator 

19    Gianaris.  

20                 SENATOR GIANARIS:   Now let's take 

21    up Resolution 2257, by Senator Sepúlveda, read 

22    that resolution's title and recognize 

23    Senator Sepúlveda.

24                 ACTING PRESIDENT COONEY:   The 

25    Secretary will read.


                                                               3612

 1                 THE SECRETARY:   Resolution 2257, by 

 2    Senator Sepúlveda, celebrating March 26, 2024, as 

 3    Bangladesh Day and commemorating the 

 4    104th birthday of Bangabandhu Sheikh Mujibur 

 5    Rahman, the founding father of Bangladesh, and 

 6    the 53rd anniversary of Bangladesh independence.

 7                 ACTING PRESIDENT COONEY:   Senator 

 8    Sepúlveda on the resolution.

 9                 SENATOR SEPÚLVEDA:   Thank you, 

10    Mr. President, for allowing me to speak on this 

11    resolution, something that I've done here in the 

12    Assembly and the Senate for the last 12 years.  

13                 And it always makes me proud to 

14    bring members from the Bangladeshi community, 

15    many of them today are either from Queens or from 

16    the greatest county in the world, the Bronx.  

17                 I must remind my confused deputy 

18    leader that the greatest county has a team called 

19    the New York Yankees that has 27 titles, as 

20    opposed to two for the New York Mets; has the 

21    greatest zoo in the world, the Bronx Zoo; has the 

22    greatest botanical garden in the world, the Bronx 

23    Botanical Garden.  And as my colleague so 

24    eloquently put it, the real place, the real birth 

25    of hip-hop.


                                                               3613

 1                 But today we're here to celebrate a 

 2    resolution of profound significance which 

 3    celebrates March 26th as Bangladesh Day in our 

 4    state.

 5                 We're joined by Consul General 

 6    Najmul Huda; Deputy Consul General Nazmul Hasan; 

 7    one of the true great leaders of the Bangladeshi 

 8    community, Abdus Shahid; Jamal Hussain; Abdur 

 9    Rahim Badsha; Mohiuddin Dewan; Nurul Islam; Reza 

10    Abdullah; Maksuda Hamin -- I'm sorry, Maksuda 

11    Ahmed; Rukan Ahmed; and Sakhawat Ali.  

12                 This resolution is not just a mark 

13    on the calendar but a profound recognition of the 

14    courage and determination that defines the spirit 

15    of the Bangladeshi people.  Fifty-three years ago 

16    Bangladesh declared its independence, embarking 

17    on a harrowing journey for freedom.  This was a 

18    fight not just for territory but for the 

19    fundamental rights to equality, justice and 

20    self-determination.  

21                 We also commemorate the 104th 

22    birthday of Bangabandhu Sheikh Mujibur Rahman, 

23    the revered father, founding father of 

24    Bangladesh, whose vision for his people ignited 

25    the flames of independence.  His iconic words, 


                                                               3614

 1    "Our struggle is for our freedom.  Our struggle 

 2    is for our independence," resonated across the 

 3    villages, towns and hearts of millions in 

 4    Bangladesh.

 5                 This resolution also honors the 

 6    thousands who sacrificed their lives during the 

 7    nine-month-long liberation war.  This is a 

 8    testament to the enduring spirit and resilience 

 9    of the Bangladeshi people.  It was their 

10    sacrifice that allowed the dawn of freedom to 

11    break on December 16, 1971, when a new nation, 

12    Bangladesh, was born.

13                 Furthermore, this resolution 

14    recognizes the vibrant community here in New York 

15    whose contributions enrich our culture, 

16    strengthen our economy, and enhance our 

17    communities.  From the bustling streets of 

18    Jackson Heights to the vibrant gatherings in 

19    Parkchester, the echoes of Bangladesh's rich 

20    heritage and the contribution of its people are 

21    evident throughout this state.  

22                 In celebrating Bangladesh Day we not 

23    only recall the historic struggles and triumphs 

24    of the Bangladeshi people, but also underscore 

25    the values of diversity, perseverance and unity 


                                                               3615

 1    that are so crucial to the fabric of New York 

 2    State.  Let us pass this resolution with a 

 3    unanimous voice, affirming our solidarity with 

 4    the Bangladesh community, recognizing their 

 5    struggles and contributions and celebrating the 

 6    indomitable spirit of the freedom that guides us 

 7    all.  

 8                 And to all my friends that are here, 

 9    I say (in Bangla).  

10                 ACTING PRESIDENT COONEY:   Thank 

11    you, Senator.  

12                 Senator Fernandez on the resolution.

13                 SENATOR FERNANDEZ:   (In Bangla), 

14    Mr. President.  

15                 I wanted to stand and speak on this 

16    great resolution.  While a little late, it's 

17    never a bad day to celebrate our beautiful 

18    cultures and history, not just in the world but 

19    again right here in New York State.  

20                 I now represent, proudly, 

21    Parkchester, home of Bangla Bazaar, on 

22    Starling Avenue.  And I want to welcome our 

23    guests here today, not just my constituents and 

24    from even Albany, but our Consul General, who has 

25    shared amazing progress of what Bangladesh has 


                                                               3616

 1    become, is now, and the contributions to this 

 2    great state and city in all of our neighborhoods.  

 3                 So I just wanted to express my 

 4    gratitude to their contributions, not just in 

 5    Parkchester but, as we mentioned, Jackson Heights 

 6    in Queens and probably every part of this state.  

 7                 But the resolution, as Senator 

 8    Sepúlveda said, is important for highlighting, 

 9    again, the beautiful fabric that the city, the 

10    state and the country is made up of, and the 

11    Bangladesh community is a bright, beautiful piece 

12    on that fabric.  

13                 So thank you so much for being here.  

14    I proudly vote aye.  And Happy Independence Day 

15    from March.

16                 ACTING PRESIDENT COONEY:   Senator 

17    Thomas on the resolution.

18                 SENATOR THOMAS:   Thank you, 

19    Mr. President.  

20                 And thank you to Senator Sepúlveda 

21    for introducing this resolution.  

22                 As the first South Asian to be 

23    elected to this chamber, I stand here with 

24    Senator Cooney to welcome the Bangladeshi 

25    community to Albany.  I know -- 


                                                               3617

 1                 (Applause from the gallery.)  

 2                 SENATOR THOMAS:   I know the 

 3    sacrifices that all of you have made to be here 

 4    in this country.  You know, the immigrant dream, 

 5    the dream that we work hard and we persevere and 

 6    we make New York great.  

 7                 You know, it's been decades since 

 8    the first South Asian stepped foot here after the 

 9    immigration laws were changed.  And when we came 

10    to this country at that time, we were trying to 

11    survive.  We were trying to make things better 

12    for our families back home.  And now we are here, 

13    we are entrepreneurs, we are, you know, major 

14    professionals.  We have so many links to the 

15    community.  And all of you make New York great.  

16                 Thank you.  Thank you.  Thank you.

17                 (Applause from gallery.)  

18                 SENATOR THOMAS:   And thank you to 

19    my colleagues here for representing this amazing 

20    community.

21                 Thank you, and God bless.

22                 ACTING PRESIDENT COONEY:   Thank 

23    you, Senator Thomas.

24                 Senator Ramos on the resolution.

25                 SENATOR RAMOS:   Thank you.  


                                                               3618

 1                 I rise as the proud State Senator 

 2    representing the eastern side of Bangladesh 

 3    Street in Jackson Heights.  I used to have more 

 4    of a corner of that part of Jackson Heights, but 

 5    I now have Senator Gianaris having the western 

 6    side of Bangladesh Street in Jackson Heights.  

 7                 But it's very clear that the 

 8    community's imprint extends well beyond Queens 

 9    and well beyond New York City.  And we couldn't 

10    be prouder to have Bangladeshi students go to 

11    school with the rest of our children, for us to 

12    be able to share in the vibrancy of such an 

13    incredible neighborhood.  

14                 And I'm only looking forward to what 

15    the future may hold for the amazing Bangladeshi 

16    community here in New York City and beyond.  

17                 Korbo Lorbo Jeetbo.

18                 (Applause from gallery.)

19                 ACTING PRESIDENT COONEY:   Thank 

20    you, Senator Ramos.  

21                 Senator Bailey on the resolution.

22                 SENATOR BAILEY:   Thank you, 

23    Mr. President.

24                 You know, I used to have a sizable 

25    Bangla-speaking community in the previous 


                                                               3619

 1    iteration of my district, the Norwood section, 

 2    204th Street.  But since redistricting, they have 

 3    taken me from my brothers and sisters in the 

 4    Bangla-speaking community, but you will never 

 5    take me away from you.  

 6                 Because when I ran for office, the 

 7    very first interview that I did, it wasn't on a 

 8    major network, it wasn't on public access, it 

 9    wasn't even on News 12.  It was on Time TV, a 

10    Bangla television station.  That was my very 

11    first interview when I was running for office.  I 

12    have never forgotten that, I have never forgotten 

13    how you have embraced me.  I have never forgotten 

14    that you are, as Senator Thomas and everybody has 

15    said, industrious, hardworking individuals who 

16    truly make our borough, our city and our state -- 

17    because it's not just the Bronx.  But in the 

18    Bronx, there is a certain liveliness that you 

19    provide to our community that it would not be the 

20    same without you.  

21                 I am grateful for all of the work 

22    that you do, for all of the innovation and the 

23    friendships and the food and all of the 

24    excellence that you bring to our community.  

25                 Thank you, Senator Sepúlveda, for 


                                                               3620

 1    introducing the resolution.  Dhonnobad.

 2                 (Applause from gallery.)

 3                 ACTING PRESIDENT COONEY:   Thank 

 4    you, Senator Bailey.  

 5                 Senator Liu on the resolution.

 6                 SENATOR LIU:   Mr. President, I 

 7    agree with everything everyone has said already.  

 8                 On Bangladeshi Day, I want to 

 9    welcome the Consul General, Ambassador Huda, our 

10    old friend.  I can say old because he is old, 

11    like I am now.

12                 (Laughter.)

13                 SENATOR LIU:  Abdus Shahid.  

14                 And all of the community members.  

15                 Thank you for everything you do for 

16    New York.

17                 ACTING PRESIDENT COONEY:   Thank 

18    you, Senator Liu.

19                 (Applause from gallery.)

20                 ACTING PRESIDENT COONEY:   To our 

21    guests, I welcome you on behalf of the Senate.  

22    We extend to you the privileges and courtesies of 

23    this house.  

24                 Please rise and be recognized.

25                 (Standing ovation.)


                                                               3621

 1                 ACTING PRESIDENT COONEY:   The 

 2    question is on the resolution.  

 3                 All in favor signify by saying aye.

 4                 (Response of "Aye.")

 5                 ACTING PRESIDENT COONEY:   Opposed, 

 6    nay.

 7                 (No response.)

 8                 ACTING PRESIDENT COONEY:   The 

 9    resolution is adopted.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   Please recognize 

12    Senator Webb for an introduction.

13                 SENATOR WEBB:   Thank you, 

14    Mr. President.

15                 I rise to lift up this resolution, 

16    which is recognizing the contributions of 

17    landscape architects to the well-being and 

18    prosperity of New York State.  

19                 The American Society of Landscape 

20    Architects, founded on January 4, 1899, has 

21    reached the remarkable milestone of its 

22    125th anniversary.  And this is a chance for all 

23    of us to reflect upon the significant 

24    contributions of this incredible profession.  

25                 Landscape architects shape our 


                                                               3622

 1    communities.  They transform the built 

 2    environment to create accessible public spaces 

 3    for humans to live.  Their work improves public 

 4    health, increases our safety, and enhances the 

 5    beauty of our surroundings and our neighborhoods.  

 6                 Because of the work of landscape 

 7    architects, our communities are more accessible, 

 8    walkable, and bike friendly, just to name a few.  

 9    And with their thoughtful stewardship, landscape 

10    architects have helped our communities adapt to 

11    the changing climate, ensuring that our 

12    neighborhoods incorporate innovative, resilient 

13    and sustainable design practices.  

14                 For all of these reasons and more, I 

15    vote aye on this resolution to commemorate and 

16    recognize the 125th anniversary of the American 

17    Society of Landscape Architects and the enduring 

18    contributions of this profession to the 

19    well-being of our state.

20                 Additionally, Mr. President, I also 

21    rise on the occasion of this resolution to 

22    welcome our distinguished guests from the 

23    American Society of Landscape Architects, 

24    representing landscape design firms from across 

25    our great state.  And they are here with us here 


                                                               3623

 1    in the chamber.  

 2                 I also want to lift up in this 

 3    moment, if I wouldn't be remiss, folks here from 

 4    my district, Senate District 52:  Scott Whitham, 

 5    who is the principal at Whitham Planning Design 

 6    Landscape Architecture out of Ithaca, New York; 

 7    and Michael Haas, who is the director of 

 8    landscape architecture at Delta Engineers, 

 9    Architects & Surveyors out of Endwell, 

10    New York -- and all of our distinguished guests 

11    here.  

12                 And with that, Mr. President, I ask 

13    that you welcome our distinguished guests to our 

14    chamber.  Thank you.

15                 ACTING PRESIDENT COONEY:   Thank 

16    you, Senator Webb.

17                 To our guests, I welcome you on 

18    behalf of the Senate.  We extend to you the 

19    privileges and courtesies of this house.

20                 Please rise and be recognized

21                 (Standing ovation.)

22                 ACTING PRESIDENT COONEY:   Senator 

23    Gianaris.

24                 SENATOR GIANARIS:   Please recognize 

25    Senator Ramos for an introduction.


                                                               3624

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Ramos for an in -- troduction.

 3                 SENATOR RAMOS:   I am here, 

 4    Mr. President.

 5                 ACTING PRESIDENT COONEY:   Thank 

 6    you, Senator Ramos.  

 7                 SENATOR RAMOS:   Hi, Mr. President.  

 8    Thank you.  

 9                 I'd like to welcome my friends and 

10    constituents from the Lexington School for the 

11    Deaf.  It's a New York institution dating back to 

12    1864, when it started as lessons with a private 

13    tutor in a living room in downtown Manhattan.  

14                 By 1968, their student body grew so 

15    much that they needed a permanent home.  They 

16    moved to East Elmhurst and have been an active 

17    part of our community ever since.  

18                 And now it's become the largest 

19    school for deaf children in the entire State of 

20    New York.  In addition to providing classes for 

21    students from preschool through high school, they 

22    offer support classes for parents of deaf 

23    children, foreign language transition classes, 

24    special needs classes, and a dormitory for 

25    students requiring additional academic support.  


                                                               3625

 1                 Queens is very proud to have them as 

 2    a neighbor.  And I am prouder still to say that 

 3    for the first time we allocated the 

 4    Lexington School their own line item of $903,000 

 5    in addition to the 4201 School funding in the 

 6    final enacted budget.  

 7                 I care about this institution not 

 8    only because they are a valued member of my 

 9    community, but because the support they provide 

10    is quite personal.  My mother is partially deaf, 

11    and the support that the Lexington School 

12    provides to families like mine is invaluable.  

13                 I'm looking forward to tonight's 

14    basketball game, where I know that my neighbors 

15    are going to make everyone who's #SeenIn13 proud.  

16                 Go, Blue Jays!  

17                 ACTING PRESIDENT COONEY:   To our 

18    guests, I welcome you on behalf of the Senate.  

19    We extend to you the privileges and courtesies of 

20    this house.  Please rise and be recognized.

21                 (Standing ovation, signed applause.) 

22                 ACTING PRESIDENT COONEY:   Senator 

23    Gianaris.  

24                 SENATOR GIANARIS:   Next up, 

25    Mr. President, is Resolution 2296, by 


                                                               3626

 1    Senator Cleare.  Please read that resolution's 

 2    title and recognize Senator Cleare.

 3                 ACTING PRESIDENT COONEY:   The 

 4    Secretary will read.

 5                 THE SECRETARY:   Resolution 2296, by 

 6    Senator Cleare, honoring longtime educational 

 7    professional Delores Roberts for a lifetime of 

 8    service upon the occasion of her retirement.

 9                 ACTING PRESIDENT COONEY:   Senator 

10    Cleare on the resolution.

11                 SENATOR CLEARE:   Thank you, 

12    Mr. President.  

13                 I rise to speak on Senate Resolution 

14    2296, which recognizes one of the true unsung 

15    sheroes of Senate District 30 and New York 

16    City -- a woman so inspired by the education she 

17    received as a youth at Wadleigh Secondary School 

18    for the Performing and Visual Arts that she has 

19    devoted her entire adult life to giving back to 

20    the school and community in innumerable ways.  

21                 Delores Roberts adopted "The 

22    Wadleigh Way" as her motto, and she would spend 

23    her entire three decades as a teacher, mentor and 

24    special education professional at Wadleigh.  The 

25    mission and goal for Delores was simple -- 


                                                               3627

 1    provide and support her students in all ways 

 2    possible, allowing them to succeed and grow 

 3    academically and emotionally.  

 4                 During her three decades of 

 5    excellence, Delores was able to create and 

 6    develop many schoolwide initiatives, programs and 

 7    events aimed at developing successful global 

 8    productive citizens, including the Swap Students 

 9    Court, which was a peer-to-peer system to address 

10    low-level infractions where students themselves 

11    served as judges, lawyers and jurors.  The 

12    program was successful and helped students 

13    resolve individual conflicts and disputes with 

14    one another, while gaining firsthand knowledge of 

15    how the legal system works.  

16                 She also created the Harlem LIFT 

17    Wheel of Enhancement:  Leadership, Innovation, 

18    fundamentals, Teamwork, to guide the 

19    interconnected and overall work of the school and 

20    of life after school.  

21                 Delores was known to be so dedicated 

22    to her students she would do whatever was 

23    necessary to see them complete their education, 

24    no matter if they were becoming new mothers or 

25    even in pretrial detention under the presumption 


                                                               3628

 1    of innocence.

 2                 Under the leadership of Delores 

 3    Roberts, Wadleigh students had the opportunity to 

 4    participate in college tours, the CFES, College 

 5    For Every Student program, foreign exchange 

 6    programs to Amsterdam and parts of Europe, Big 

 7    Brother/Sister Internship programs, and a variety 

 8    of extracurricular activity, including the local 

 9    precinct Youth Council and the FBI Unique Squad.  

10                 Wadleigh has been targeted for 

11    closure no less than four times in the past few 

12    decades, and each time Delores Roberts has 

13    rallied the entire community around the school 

14    and helped save it.  

15                 There are literally tens of 

16    thousands of individuals from multiple 

17    generations who have Delores Roberts to thank for 

18    believing in them and helping them succeed in 

19    life.  

20                 There's a story of Delores Roberts 

21    that always sticks with me before it was ever 

22    popular.  A student had gotten in trouble.  She 

23    had had a fight.  She was arrested and taken to 

24    Rikers Island.  She stayed there for the next 

25    two and a half months until her trial came up.  


                                                               3629

 1    She was a very bright young lady.  Delores 

 2    Roberts believed in her so much that she wrote 

 3    the commissioner and asked that she could come 

 4    and send her work to her every day.  And she 

 5    actually went to Rikers Island and got permission 

 6    to have her sit for her final exams.  

 7                 That young lady came back to school 

 8    the day before graduation, and she walked.  And 

 9    today she is now a business owner, a wife, a 

10    mother of two, and living productively out her 

11    life.

12                 This is the type of dedication that 

13    goes above and beyond.  We thank you, Delores, on 

14    today, which just happens to be National Teacher 

15    Appreciation Day, in the heart of National 

16    Teacher Appreciation Week.  And we want you to 

17    know exactly how we feel.  

18                 Joined in the gallery with her today 

19    are her special guests:  Her son, Troy Roberts; 

20    Sam Douglass; Dr. Tawanna Gilford, a former 

21    student and today a licensed psychologist; 

22    Ruth McDaniels; and Linda Richardson.

23                 Thank you, Mr. President.  

24                 ACTING PRESIDENT COONEY:   Thank 

25    you, Senator Cleare.


                                                               3630

 1                 Senator Mayer on the resolution.

 2                 SENATOR MAYER:   First I want to 

 3    thank Senator Cleare for using this wonderful 

 4    opportunity to celebrate Delores Roberts on 

 5    National Teacher Appreciation Day.  

 6                 And the story that Senator Cleare 

 7    told, the extraordinary story of a teacher being 

 8    so devoted to a student, even in the toughest of 

 9    times, to help that student make it through, is a 

10    story that I hear from teachers and students and 

11    families across the state.

12                 We have long not given teachers the 

13    credit that they deserve for pouring their hearts 

14    and souls into the students that they have, even 

15    students with challenges, students with their ups 

16    and downs, students who face life's own 

17    vicissitudes.  

18                 So it was so very touching to have 

19    Senator Cleare talk about Delores Roberts and her 

20    impact on her school, on her students, on her 

21    community, and a fitting tribute to this 

22    particular day where we celebrate teachers and 

23    honor them and remember that I suspect each one 

24    of us has a teacher that we believe changed their 

25    lives.  Today we honor them, as we honor 


                                                               3631

 1    Ms. Roberts.

 2                 I vote aye.

 3                 ACTING PRESIDENT COONEY:   Thank 

 4    you, Senator Mayer.

 5                 To Ms. Roberts and her guests, I 

 6    welcome you on behalf of the Senate.  We extend 

 7    to you the privileges and courtesies of this 

 8    house.

 9                 Please rise and be recognized.

10                 (Standing ovation.)

11                 ACTING PRESIDENT COONEY:   The 

12    question is on the resolution.  All in favor 

13    signify by saying aye.

14                 (Response of "Aye.")

15                 ACTING PRESIDENT COONEY:   Opposed, 

16    nay.

17                 (No response.)

18                 ACTING PRESIDENT COONEY:   The 

19    resolution is adopted.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Next up is 

22    Resolution 2278, by Senator Rivera.  Read its 

23    title and recognize Senator Gustavo Rivera.

24                 ACTING PRESIDENT COONEY:   The 

25    Secretary will read.


                                                               3632

 1                 THE SECRETARY:   Resolution 2278, by 

 2    Senator Rivera, memorializing Governor Kathy 

 3    Hochul to proclaim May 2024 as STOP THE BLEED 

 4    Month in the State of New York.

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    Rivera on the resolution.

 7                 SENATOR RIVERA:   Thank you, 

 8    Mr. President.

 9                 So obviously we've had a lot of 

10    recognitions on the floor today.  This one's an 

11    important one.  We have joining us -- and I'll 

12    introduce a host of them in a little bit -- a 

13    bunch of medical professionals here.  

14                 The resolution is to memorialize 

15    STOP THE BLEED Month.  Now, what this refers to, 

16    Mr. President, is the training that happens 

17    across the country to train all sorts of 

18    different folks -- certainly medical 

19    professionals, but others as well -- to be able 

20    to stop any type of serious bleeding quickly.

21                 And the goal here is to bring 

22    attention to this issue, because if people can 

23    get trained in this, that means that lives can be 

24    saved.  If there is someone who is bleeding 

25    profusely, there are various ways in which one 


                                                               3633

 1    can stop that bleeding, get that person to be 

 2    able to be treated by, if it's an emergency, an 

 3    EMT or taken to the hospital.  

 4                 But the point is that this training 

 5    is incredibly valuable, saves lives every single 

 6    day.  And so the resolution is to recognize this 

 7    month as STOP THE BLEED Month.

 8                 But to do that, we are joined by a 

 9    host of folks who I'll be introducing, and I'll 

10    ask them to stand as I do.  We are joined by many 

11    folks from the American College of Surgeons, 

12    start with Babette Atkins, its executive 

13    director; Jacob Moalem, the president of the 

14    New York Chapter of the American College of 

15    Surgeons, from the University of Rochester, which 

16    I believe that you are familiar with; Patrick 

17    Timmins, from St. Peter's Hospital right here in 

18    Albany; Shani Fruchter -- and I should say, I'm 

19    sorry, Dr. Jacob Moalem, Dr. Patrick Timmins; 

20    Dr. Shani Fruchter from Westchester -- she is a 

21    Westchester trauma surgeon; Dr. Arthur Jenkins, 

22    also from Westchester; Dr. Arthur Cooper, 

23    pediatric surgeon from Columbia; Cory Bloom; 

24    Dr. Mark Reiner; Dr. Anthony Vine; 

25    Catherine Hendricks, all from the 


                                                               3634

 1    American College of Surgeons.  And lastly, 

 2    Dr. Omer Hassan, resident in training at 

 3    SUNY Downstate.  

 4                 All these folks who are here to talk 

 5    about this issue, but who do work every day to 

 6    make people healthy across the State of New York 

 7    and to save lives across the State of New York.  

 8                 So I thank them for coming and being 

 9    up here with us, and I'd ask that you give them 

10    all the privileges of the house.

11                 Thank you.

12                 ACTING PRESIDENT COONEY:   Thank 

13    you, Senator Rivera.

14                 To our guests, I welcome you on 

15    behalf of the Senate.  We extend to you the 

16    privileges and courtesies of this house.  

17                 Please rise and be recognized.

18                 (Standing ovation.)

19                 ACTING PRESIDENT COONEY:   The 

20    question is on the resolution.  All in favor 

21    signify by saying aye.

22                 (Response of "Aye.")

23                 ACTING PRESIDENT COONEY:   Opposed, 

24    nay.

25                 (No response.)


                                                               3635

 1                 ACTING PRESIDENT COONEY:   The 

 2    resolution is adopted.

 3                 Senator Gianaris.

 4                 SENATOR GIANARIS:   Next up is 

 5    previously adopted Resolution 1605, by 

 6    Senator Gallivan.  Please read that resolution's 

 7    title and recognize Senator Gallivan.

 8                 ACTING PRESIDENT COONEY:   The 

 9    Secretary will read.

10                 THE SECRETARY:   Resolution 1605, by 

11    Senator Gallivan, memorializing Governor 

12    Kathy Hochul to proclaim May 5-11, 2024, as 

13    Correctional Officers and Employees Week in the 

14    State of New York.

15                 ACTING PRESIDENT COONEY:   Senator 

16    Gallivan on the resolution.

17                 SENATOR GALLIVAN:   Thank you, 

18    Mr. President.

19                 As I was sitting here listening to 

20    my colleagues talk about the various boroughs and 

21    counties in Long Island -- 

22                 (Laughter.)

23                 SENATOR GALLIVAN:   -- I want 

24    everyone to know there is another part of the 

25    state from way out west.  And even though Senator 


                                                               3636

 1    Kennedy is not here, Western New York is doing 

 2    very well -- 

 3                 (Laughter.)

 4                 SENATOR GALLIVAN:   -- and is a good 

 5    place.  Which is not why I rise.

 6                 I rise today first to welcome 

 7    representatives of NYSCOPBA to my right, AFSCME 

 8    Council 82 to my left, the respective collective 

 9    bargaining organizations representing 

10    correctional officers, supervisors from across 

11    New York State.  I want to thank them first for 

12    being here, representing the over 16,000 

13    correctional officers and supervisors that work 

14    in the various prisons across New York State.  

15                 And many of you know, I think, my 

16    background is in law enforcement as a state 

17    trooper, former sheriff of Erie County, and 

18    member of the Board of Parole.  And my 

19    experiences in my professional life have really 

20    led to the point that gives me tremendous respect 

21    for all of the components that make up our 

22    criminal justice system.

23                 Over the years I've visited many 

24    correctional facilities, many prisons throughout 

25    the state.  I've met and spoke with hundreds if 


                                                               3637

 1    not thousands of correction officers and 

 2    employees.  I believe that those who work in our 

 3    jails and prisons have one of the most difficult 

 4    and challenging jobs in all of law enforcement.  

 5    Their work is demanding, it is difficult and very 

 6    often dangerous.  It's a job that quite frankly 

 7    most of us would not do and we don't often think 

 8    about -- but it's critical to protecting our 

 9    communities and all of the residents of New York 

10    State.  

11                 These dedicated officers and 

12    employees are responsible for the care, custody 

13    and security of the over 30,000 individuals 

14    incarcerated across New York State.  Many of 

15    these hardworking men and women also work to help 

16    the incarcerated individuals restore their lives 

17    and to become productive members of society.  

18    Many are involved, when off duty, in volunteering 

19    and working with other like-minded citizens to 

20    make their communities better for all of us.

21                 Thank you to all of the correction 

22    officers, all of the supervisors, all correction 

23    employees and all correction families, for all 

24    that you do.  You should know you have my 

25    tremendous respect and gratitude.  


                                                               3638

 1                 And I think it is most appropriate 

 2    that all of us in this body recognize these 

 3    public servants.  And I'm very proud to call upon 

 4    the Governor to proclaim this week as 

 5    Correctional Officers and Employees Week in the 

 6    State of New York.

 7                 Thank you, Mr. President.

 8                 ACTING PRESIDENT COONEY:   Thank 

 9    you, Senator Gallivan.  

10                 To our guests, I welcome you on 

11    behalf of the Senate.  We extend to you the 

12    privileges and courtesies of this house.  

13                 Please rise and be recognized.

14                 (Standing ovation.)

15                 ACTING PRESIDENT COONEY:   The 

16    resolution was adopted on January 17th.  

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Let's take up 

19    Resolution 1799, by Senator Helming, read its 

20    title, and recognize Senator Helming, please.

21                 ACTING PRESIDENT COONEY:   The 

22    Secretary will read.

23                 THE SECRETARY:   Resolution 1799, by 

24    Senator Helming, honoring Mary E. Ferris upon the 

25    occasion of her retirement after 50 years of 


                                                               3639

 1    distinguished service to Wood Library in 

 2    Canandaigua, New York, on March 1, 2024. 

 3                 ACTING PRESIDENT COONEY:   Senator 

 4    Helming on the resolution.

 5                 SENATOR HELMING:   Thank you, 

 6    Mr. President.  

 7                 We've had a lot of resolutions this 

 8    afternoon.  And while Queens may have the 

 9    greatest food and Brooklyn may or may not be the 

10    birthplace of hip-hop, I'm so proud to share with 

11    this chamber that in Ontario County we have one 

12    of the greatest librarians in New York State.  

13    And it's my honor to welcome her to the chamber:  

14    Mary Ferris.  

15                 Mary was the first ever children's 

16    librarian at Wood Library in Canandaigua.  She 

17    recently retired after 50 incredible years of 

18    service.  Mary's work has touched generations of 

19    families, including my own.  

20                 When I was a young mother, I was 

21    just as excited as my two children to attend 

22    Mary's Story Time programs.  She really is so 

23    incredibly innovative and just so engaging with 

24    the children.  But what was always so important 

25    to me was how she also inspired the adults in 


                                                               3640

 1    these children's classes to really learn how to 

 2    bring stories to life, to engage the listeners, 

 3    and to create readers for a lifetime.  

 4                 I remember so often to get excited 

 5    about continuing their summer reading, Mary would 

 6    design and wear these really, really creative 

 7    costumes.  They were unforgettable.  Everyone in 

 8    the community looked forward to seeing what she 

 9    was going to reveal.  I remember Mary being 

10    dressed as a globe, a LEGO brick, a mad 

11    scientist, a superhero, a pirate, a detective, 

12    and even one year the Cran.

13                 (Laughter.)

14                 SENATOR HELMING:   Mary really -- 

15    she has done so much for our community.  She 

16    brought reading beyond the walls of the library, 

17    establishing a Story Walk at a local park, and 

18    the Adventure Backpack program for children to 

19    learn about and explore the great outdoors.  

20                 She cheered for kids every year at 

21    the start of the school year.  She would be there 

22    to cheer on those kindergarten bus-run kids and 

23    read stories at summer camp.  She's the founding 

24    member and longtime chair of the Community 

25    Reading Partnership that offers literacy programs 


                                                               3641

 1    and promotes reading in the home and in the 

 2    community.  

 3                 Mrs. Ferris also served our state as 

 4    a 50-year member of the New York Library 

 5    Association, where she held numerous positions, 

 6    including that of president.  Over her career 

 7    Mrs. Ferris has earned many well-deserved awards, 

 8    including the Pied Piper Award from the Youth 

 9    Services Section of the New York Library 

10    Association, the Business Ethics Award from the 

11    Canandaigua Rotary, the Woman of Distinction 

12    Youth Services Award from the Canandaigua Chamber 

13    of Commerce, and the Business and Professional 

14    Women's Club.  

15                 And because Mary Ferris is so 

16    amazing and so incredible and has such a 

17    remarkable impact on the people of our community, 

18    I honored her twice.  At her retirement 

19    celebration in March, I had the distinct 

20    privilege of presenting Mary Ferris with the 

21    New York State Senate Commendation Award.  If you 

22    think about it, over a half a century -- just 

23    imagine the thousands and thousands of lives that 

24    Mrs. Ferris has touched, whether with a good 

25    book, a kind word or a gentle hug, and of course 


                                                               3642

 1    that magical flannel board.

 2                 Mrs. Ferris is here today with her 

 3    husband, Kim, and several of her colleagues and 

 4    friends from Wood Library:  Executive director of 

 5    the library, Jenny Goodemote; Executive Assistant 

 6    Cyndi Fordham; Adult Services Librarian Alexis 

 7    Lawrence; Volunteer Coordinator Stephanie Toomey; 

 8    Circulation Supervisor Carrie Magnan.

 9                 Mr. President, it's my honor to 

10    bring forward this resolution and to recognize 

11    Mary Ferris on her truly storied career.

12                 Congratulations, Mary.

13                 ACTING PRESIDENT COONEY:   Thank 

14    you, Senator Helming.

15                 To Mrs. Ferris and her guests, I 

16    welcome you on behalf of the Senate.  We extend 

17    to you the privileges and courtesies of this 

18    house.  

19                 Please rise and be recognized.

20                 (Standing ovation.)

21                 ACTING PRESIDENT COONEY:   The 

22    resolution was adopted on February 13th.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   Okay.  Last but 

25    certainly not least, previously adopted 


                                                               3643

 1    Resolution 2195, by Senator Persaud.  Please read 

 2    that resolution's title and recognize 

 3    Senator Persaud.

 4                 ACTING PRESIDENT COONEY:   The 

 5    Secretary will read.

 6                 THE SECRETARY:   Resolution 2195, by 

 7    Senator Persaud, memorializing Governor Kathy 

 8    Hochul to proclaim May 2024 as Amyotrophic 

 9    Lateral Sclerosis Awareness Month in the State of 

10    New York.

11                 ACTING PRESIDENT COONEY:   Senator 

12    Persaud on the resolution.

13                 SENATOR PERSAUD:   Thank you, 

14    Mr. President.

15                 ALS -- everyone has probably heard 

16    of ALS, or the Lou Gehrig's disease.  It's 

17    something that -- it's a horrible, horrible, 

18    horrible disease.  I had a friend who passed from 

19    it.  And you see someone who is afflicted with 

20    ALS, going through, they're there, they can -- 

21    they're functioning in every way other than the 

22    body is paralyzed.  Their mind is sound, and they 

23    are going through all of this torture knowing 

24    that there is no hope, there is no help, and they 

25    are dying.


                                                               3644

 1                 Just think of that.  You're laying 

 2    there as strong as you know, but you know also 

 3    that you are on your deathbed.  That's ALS.  

 4                 It is predicted that approximately 

 5    70 percent of the world's population at some 

 6    point in the next 20 years is going to suffer 

 7    from ALS {sic}.  It is not a disease that should 

 8    be taken lightly.  

 9                 Many of you in here may have heard 

10    of the Ice Bucket Challenge that mimics what the 

11    body goes through when someone has ALS.  I did 

12    the Ice Bucket Challenge.  The Ice Bucket 

13    Challenge has been around since 1991.  And it 

14    shocks the system, and your body is paralyzed for 

15    a few seconds.  It's like your heart stops and 

16    you have no control.  

17                 That's what someone with ALS goes 

18    through.  If you know anyone who's suffering from 

19    ALS, spend as much time as possible with that 

20    person.  Because they are there.  Their mind is 

21    sound, and they know.  They can do nothing for 

22    themselves because they are dying.

23                 The average lifespan of someone 

24    who's afflicted with ALS is between one to 

25    four years.  Women, for some reason, are now 


                                                               3645

 1    being affected by ALS more.  ALS paralyzes the 

 2    body incrementally.  It is not something that 

 3    anyone should go through.  

 4                 There is no cure.  There is no cure.  

 5    Someone with a diagnosis of ALS knows that they 

 6    have just been given their death sentence.  There 

 7    are some people, though, who have lived with it 

 8    for approximately 10 years, even though the 

 9    general life expectancy is one to four years.

10                 Think of that.  You walk and you 

11    just feel tremors in your body, you just feel 

12    like a slight paralysis in the arm or in the leg.  

13    You know, you have tingling and stuff.  And you 

14    go to the doctor, and they come back with this 

15    diagnosis.  And all you can walk out of the 

16    doctor's office with is like, I am going to be 

17    dead in a very short time.  That's ALS.  That's 

18    the reality that families are living with if 

19    their loved one is afflicted with ALS.  

20                 So I thank all of you for supporting 

21    this resolution acknowledging ALS and making sure 

22    that we continue to fight to find a cure.  

23    Because as I said, there is no cure.  It's a 

24    death sentence.  

25                 And if anyone wants to try it just 


                                                               3646

 1    to feel what that person goes through, have one 

 2    of your friends dump a bucket of ice -- cold, 

 3    cold, ice water on your head.  And you will feel 

 4    what it felt like.  That challenge by the young 

 5    man who started it raised, you know, over 

 6    $100 million for the cause.  But we need to 

 7    continue to keep it in the forefront.  

 8                 He passed away, and I don't think 

 9    anybody's continuing that challenge.  They're 

10    not.  Because it was really exciting for people 

11    at the time to participate in that challenge.  

12    But now no one is thinking about it.  Everyone 

13    says oh, yeah, Lou Gehrig's disease, yeah, Lou 

14    Gehrig's disease.  ALS, yeah.  But do you really 

15    know what it's about?

16                 So again, I want to thank the ALS 

17    Association for bringing this resolution to me 

18    and asking me to carry it.  And I want us all to 

19    fight for those afflicted with ALS.  Keep the 

20    conversation alive.  Let us fund research on 

21    every level so that families will not go through 

22    what families are going through right now when 

23    their family member is diagnosed with ALS.

24                 Thank you, Mr. President.

25                 ACTING PRESIDENT COONEY:   Thank 


                                                               3647

 1    you, Senator Persaud.

 2                 Senator Canzoneri-Fitzpatrick on the 

 3    resolution.  

 4                 SENATOR CANZONERI-FITZPATRICK:   

 5    Thank you, Mr. President.  

 6                 And I want to thank my colleague 

 7    Senator Persaud for bringing this resolution to 

 8    the floor.  

 9                 I know this disease all too well.  

10    My brother-in-law, Glenn Fitzpatrick, was the 

11    general manager of Esquire magazine -- a 

12    brilliant, amazing, accomplished professional who 

13    died at the age of 47 years old.  

14                 So in his memory, I just wanted to 

15    mention him because this keeps his memory alive, 

16    to know that we acknowledge his loss and how 

17    research is needed to prevent this from 

18    continuing.

19                 Thank you so much.

20                 ACTING PRESIDENT COONEY:   Thank 

21    you, Senator.

22                 The resolution was adopted on 

23    April 9th.  

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Mr. President, 


                                                               3648

 1    all of the sponsors of the various resolutions we 

 2    took up today would like to open them for 

 3    cosponsorship.

 4                 ACTING PRESIDENT COONEY:   The 

 5    resolutions are open for cosponsorship.  Should 

 6    you choose not to be a cosponsor, please notify 

 7    the desk.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Let's take up 

10    the calendar, Mr. President.

11                 ACTING PRESIDENT COONEY:   The 

12    Secretary will read.

13                 THE SECRETARY:   Calendar Number 

14    139, Senate Print 3320, by Senator Sepúlveda, an 

15    act to amend the Real Property Law.

16                 ACTING PRESIDENT COONEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 3.  This 

19    act shall take effect immediately.  

20                 ACTING PRESIDENT COONEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT COONEY:   Announce 

24    the results.

25                 THE SECRETARY:   Ayes, 60.


                                                               3649

 1                 ACTING PRESIDENT COONEY:   The bill 

 2    is passed.

 3                 Oh, Senator Sepúlveda.

 4                 SENATOR SEPÚLVEDA:   On the bill?  

 5                 ACTING PRESIDENT COONEY:   On the 

 6    bill.

 7                 SENATOR SEPÚLVEDA:   Thank you for 

 8    allowing me to speak on the bill.  

 9                 So this bill we've been trying to 

10    pass for a few years now because it's a vital 

11    necessity for individuals that live in 

12    condominiums.  

13                 One of the main issues that is 

14    brought to my attention is a lack of transparency 

15    with both for-profit and not-for-profit 

16    condominiums.  People don't have access to the 

17    business records, financial records of these 

18    condominiums, and sometimes -- or many times the 

19    boards make it impossible for people to see the 

20    information.  

21                 They lack prominent notice about 

22    board meetings, and so decisions are made without 

23    proper notice to the individual owners.

24                 This bill is going to put a limit on 

25    the expenses of condo boards.  They can set their 


                                                               3650

 1    expenses for five years, and if they want to 

 2    extend that, they have to have specific meetings 

 3    or go to the Attorney General's office.  

 4                 This bill will allow any condominium 

 5    owner to go and inspect all of the records, 

 6    including bank records, bids for projects, bids 

 7    for goods, review them all in a very easy manner 

 8    so that transparency is elevated and people know 

 9    what is happening with the boards and the 

10    financial health of their condominiums.  

11                 We want to make sure that everyone 

12    gets accurate, up-to-date information.  We want 

13    to make sure that we increase transparency so 

14    that individuals that own condominiums are in a 

15    position to make good decisions and also 

16    challenge bad decisions.  And the bill will allow 

17    the Attorney General to execute some of these 

18    powers that we're going to give to them according 

19    to the bill.

20                 Thank you.  I vote aye.

21                 ACTING PRESIDENT COONEY:   Senator 

22    Sepúlveda to be recorded in the affirmative.

23                 The bill has passed.

24                 ACTING PRESIDENT COONEY:   Calendar 

25    Number 220, Senate Print 4305, by Senator Parker, 


                                                               3651

 1    an act to amend the Public Service Law.

 2                 ACTING PRESIDENT COONEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.  

 6                 ACTING PRESIDENT COONEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT COONEY:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 220, those Senators voting in the 

13    negative are Senators Ashby, Borrello, 

14    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

15    Lanza, Martins, Mattera, Murray, Oberacker, Ortt, 

16    Palumbo, Rhoads, Rolison, Stec, Tedisco, Weber 

17    and Weik.

18                 Ayes, 41.  Nays, 19.

19                 ACTING PRESIDENT COONEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    241, Senate Print 5642, by Senator Mannion, an 

23    act to amend the Real Property Tax Law.

24                 ACTING PRESIDENT COONEY:   Read the 

25    last section.


                                                               3652

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT COONEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT COONEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 60.

 9                 ACTING PRESIDENT COONEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    279, Senate Print 1937, by Senator Comrie, an act 

13    to amend the Public Authorities Law.

14                 ACTING PRESIDENT COONEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT COONEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT COONEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 60.

24                 ACTING PRESIDENT COONEY:   The bill 

25    is passed.


                                                               3653

 1                 THE SECRETARY:   Calendar Number 

 2    336, Senate Print 724A, by Senator Serrano, an 

 3    act to amend the Environmental Conservation Law.

 4                 ACTING PRESIDENT COONEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT COONEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT COONEY:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 336, voting in the negative are 

15    Senators Oberacker and Ortt.

16                 Ayes, 58.  Nays, 2.

17                 ACTING PRESIDENT COONEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    338, Senate Print Number 1538A, by 

21    Senator Hoylman-Sigal, an act to amend the 

22    Environmental Conservation Law.

23                 ACTING PRESIDENT COONEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               3654

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

 2    shall have become a law.

 3                 ACTING PRESIDENT COONEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT COONEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 338, voting in the negative:  

10    Senator Oberacker.

11                 Ayes, 59.  Nays, 1.

12                 ACTING PRESIDENT COONEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    460, Senate Print 5424A, by Senator Martinez, an 

16    act to amend the Navigation Law and the Vehicle 

17    and Traffic Law.

18                 ACTING PRESIDENT COONEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect immediately.  

22                 ACTING PRESIDENT COONEY:   Call the 

23    roll.

24                 (The Secretary called the roll.) 

25                 ACTING PRESIDENT COONEY:   Announce 


                                                               3655

 1    the results.

 2                 THE SECRETARY:   Ayes, 60.

 3                 ACTING PRESIDENT COONEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    537, Senate Print 3328A, by Senator Fernandez, an 

 7    act to amend the Environmental Conservation Law.

 8                 SENATOR LANZA:   Lay it aside.

 9                 ACTING PRESIDENT COONEY:   Lay it 

10    aside.

11                 THE SECRETARY:   Calendar Number 

12    625, Senate Print 617, by Senator Myrie, an act 

13    to amend the Election Law.

14                 ACTING PRESIDENT COONEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

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

18    shall have become a law.

19                 ACTING PRESIDENT COONEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT COONEY:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 625, those Senators voting in the 


                                                               3656

 1    negative are Senators Borrello, Murray, Weber and 

 2    Weik.

 3                 Ayes, 56.  Nays, 4.

 4                 ACTING PRESIDENT COONEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    680, Senate Print 4621, by Senator Sepúlveda, an 

 8    act to amend the Correction Law.

 9                 ACTING PRESIDENT COONEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

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

13    shall have become a law.

14                 ACTING PRESIDENT COONEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT COONEY:   Senator 

18    Salazar to explain her vote.

19                 SENATOR SALAZAR:   Thank you, 

20    Mr. President.

21                 There is abundant research showing 

22    that the effects of solitary confinement on 

23    mental health are often fatal, both during and 

24    after a person's incarceration.  Half of all 

25    suicides in prisons and jails unfortunately occur 


                                                               3657

 1    in solitary confinement.  Peer-reviewed studies 

 2    have shown us that the long-lasting health 

 3    impacts include, for individuals with mental 

 4    health conditions, that any amount of time spent 

 5    in solitary confinement increases their risk of 

 6    death by suicide or overdose within the first 

 7    year after release from incarceration.

 8                 And despite this reality, 

 9    individuals with mental health diagnoses are 

10    still overrepresented in solitary special housing 

11    units.  

12                 This undermines the spirit of the 

13    HALT Solitary Confinement Law, and it threatens, 

14    of course, the health of those individuals.  This 

15    is because DOCCS, in their wisdom, decided to 

16    narrowly define what constitutes mental illness 

17    to exclude many people from the definition of 

18    special populations and avoid giving those 

19    individuals access to programs that would improve 

20    their mental health and edify them in other ways.  

21                 I want to thank Senator Sepúlveda 

22    for introducing this bill and continuing to seek 

23    to correct this problem.  Doing so could save 

24    lives.

25                 Thank you, Mr. President.


                                                               3658

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Salazar to be recorded in the affirmative.

 3                 Announce the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 680, those Senators voting in the 

 6    negative are Senators Borrello, Gallivan, Griffo, 

 7    Helming, Lanza, Ortt, Rhoads, Stec, Tedisco and 

 8    Weber.  

 9                 Ayes, 50.  Nays, 10.  

10                 ACTING PRESIDENT COONEY:   The bill 

11    is passed.

12                 THE SECRETARY:   Calendar Number 

13    726, Senate Print 2994B, by Senator Harckham, an 

14    act to amend the Environmental Conservation Law.

15                 ACTING PRESIDENT COONEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT COONEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT COONEY:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 726, those Senators voting in the 


                                                               3659

 1    negative are Senators Ashby, Borrello, Gallivan, 

 2    Griffo, Helming, Lanza, Martins, Mattera, 

 3    Oberacker, Ortt, Stec, Tedisco, Weber and Weik.

 4                 Ayes, 46.  Nays, 14.

 5                 ACTING PRESIDENT COONEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    764, Senate Print 4459, by Senator Ashby, an act 

 9    to amend the State Law.

10                 ACTING PRESIDENT COONEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect on the first of January.

14                 ACTING PRESIDENT COONEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT COONEY:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 60.

20                 ACTING PRESIDENT COONEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    767, Senate Print 7481, by Senator Cooney, an act 

24    to amend the Cannabis Law.

25                 ACTING PRESIDENT COONEY:   Read the 


                                                               3660

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT COONEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT COONEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar 767, voting in the negative are 

11    Senators Canzoneri-Fitzpatrick and Martinez.  

12                 Ayes, 58.  Nays, 2. 

13                 ACTING PRESIDENT COONEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    773, Senate Print 1836, by Senator Griffo, an act 

17    to amend the Highway Law and the Vehicle and 

18    Traffic Law.

19                 ACTING PRESIDENT COONEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 4.  This 

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

23    shall have become a law.

24                 ACTING PRESIDENT COONEY:   Call the 

25    roll.


                                                               3661

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT COONEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 60.

 5                 ACTING PRESIDENT COONEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    805, Senate Print Number 7571, by 

 9    Senator Scarcella-Spanton, an act in relation to 

10    authorizing the Silver Lake Foundation Inc. to 

11    receive retroactive real property tax-exempt 

12    status.  

13                 ACTING PRESIDENT COONEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT COONEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT COONEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 60.

23                 ACTING PRESIDENT COONEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               3662

 1    807, Senate Print Number 8630, by 

 2    Senator Stewart-Cousins, an act to amend 

 3    Chapter 334 of the Laws of 2012.

 4                 ACTING PRESIDENT COONEY:   There is 

 5    a home-rule message at the desk.

 6                 Read the last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect immediately.

 9                 ACTING PRESIDENT COONEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT COONEY:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 60.

15                 ACTING PRESIDENT COONEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    823, Assembly Bill Number 8322A, by 

19    Assemblymember Hevesi, an act to amend the 

20    Social Services Law.

21                 ACTING PRESIDENT COONEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT COONEY:   Call the 


                                                               3663

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT COONEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 60.

 6                 ACTING PRESIDENT COONEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    832, Senate Print 3591A, by Senator Breslin, an 

10    act to amend the Public Health Law and the 

11    Education Law.

12                 ACTING PRESIDENT COONEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 5.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT COONEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT COONEY:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 60.

22                 ACTING PRESIDENT COONEY:   The bill 

23    is passed.

24                 There is a substitution at the desk.  

25                 The Secretary will read.


                                                               3664

 1                 THE SECRETARY:   Senator 

 2    Hoylman-Sigal moves to discharge, from the 

 3    Committee on Rules, Assembly Bill Number 4871B 

 4    and substitute it for the identical Senate Bill 

 5    1535B, Third Reading Calendar 850.

 6                 ACTING PRESIDENT COONEY:   The 

 7    substitution is so ordered.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    850, Assembly Bill Number 4871B, by 

11    Assemblymember Kelles, an act to amend the 

12    Executive Law.

13                 ACTING PRESIDENT COONEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect on the first of April.

17                 SENATOR O'MARA:   Call the roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT COONEY:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 850, those Senators voting in the 

23    negative are Senators Borrello, Gallivan, Griffo, 

24    Lanza, Oberacker, Ortt, Stec, Tedisco and Weik.

25                 Ayes, 51.  Nays, 9.


                                                               3665

 1                 ACTING PRESIDENT COONEY:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    851, Senate Print 2129B, by Senator Krueger, an 

 5    act to amend the Environmental Conservation Law.

 6                 SENATOR LANZA:   Lay it aside.

 7                 ACTING PRESIDENT COONEY:   Lay it 

 8    aside.

 9                 Senator Gianaris, that completes the 

10    reading of the calendar.

11                 SENATOR GIANARIS:   Let's move on to 

12    the controversial calendar, please.  

13                 ACTING PRESIDENT COONEY:   The 

14    Secretary will ring the bell.

15                 The Secretary will read.

16                 THE SECRETARY:   Calendar Number 

17    537, Senate Print 3328A, by Senator Fernandez, an 

18    act to amend the Environmental Conservation Law.

19                 ACTING PRESIDENT COONEY:   Senator 

20    Stec, why do you rise?

21                 SENATOR STEC:   If the sponsor would 

22    yield for a few questions, please.

23                 ACTING PRESIDENT COONEY:   Will the 

24    sponsor yield?

25                 SENATOR FERNANDEZ:   Sure.


                                                               3666

 1                 ACTING PRESIDENT COONEY:   The 

 2    sponsor yields.  

 3                 SENATOR STEC:   All right, thank you 

 4    very much.

 5                 Good afternoon.  We voted on this 

 6    bill last year.  It was vetoed by the Governor.  

 7    And in her veto message she said:  "Requiring DEC 

 8    to promulgate air-quality standards and develop 

 9    regulations for monitoring plans for fenceline 

10    systems that are already overseen by DEC under 

11    existing regulatory authority is duplicative, 

12    unnecessary, and could divert state resources 

13    from implementing other crucial programs to 

14    protect New Yorkers."  

15                 Has this version of the bill changed 

16    in any way from the bill that was vetoed?

17                 SENATOR FERNANDEZ:   No, it has not.

18                 SENATOR STEC:   No, it has not?  

19                 Okay.  All right.  If the sponsor 

20    would continue to yield, please.

21                 ACTING PRESIDENT COONEY:   Will the 

22    sponsor yield?

23                 SENATOR FERNANDEZ:   Yes.

24                 ACTING PRESIDENT COONEY:   The 

25    sponsor yields.


                                                               3667

 1                 SENATOR STEC:   What is the need for 

 2    this bill as emissions of air contaminants from 

 3    major stationary sources are already covered by 

 4    the federal Clean Air Act and Article 19 of the 

 5    New York Environmental Conservation Law and 

 6    regulations promulgated thereunder?  DEC already 

 7    administers these aforesaid laws via major source 

 8    air permits and monitoring programs.

 9                 SENATOR FERNANDEZ:   Well, this bill 

10    would take the guidelines that exist and make 

11    them rules that need to be followed.  It is just 

12    a recommendation that the monitoring of the 

13    fenceline or communities where we walk, breathe, 

14    live are meeting -- or not meeting -- actually, 

15    no, they're meeting safe levels of pollutants.  

16    Right now the Clean Air Act only cares about the 

17    level of pollutants coming from the top of the 

18    smokestack, but we need to think about us on the 

19    ground and how that smoke and those pollutants 

20    are hitting us.

21                 So this would require that the 

22    guidelines be acted upon, administered, and that 

23    we focus on what is the contamination on the 

24    ground.

25                 SENATOR STEC:   Will the sponsor 


                                                               3668

 1    continue to yield.  

 2                 ACTING PRESIDENT COONEY:   Will the 

 3    sponsor yield?

 4                 SENATOR FERNANDEZ:   Yes.

 5                 ACTING PRESIDENT COONEY:   The 

 6    sponsor yields.  

 7                 SENATOR STEC:   Thank you.  

 8                 How would the limits of reporting be 

 9    determined?  Would DEC conduct air sampling 

10    around major sources to determine threshold 

11    levels of reportable analytes and then set a 

12    standard or establish threshold limits after 

13    monitors are installed?

14                 SENATOR FERNANDEZ:   Can you repeat 

15    that?

16                 SENATOR STEC:   How would the limits 

17    of reporting be determined?  Is DEC going to 

18    conduct air sampling around major sources and 

19    then set a standard to establish these threshold 

20    limits after the monitors are installed?

21                 SENATOR FERNANDEZ:   DEC has the 

22    discretion to evaluate and to decide how best to 

23    assess the area.

24                 SENATOR STEC:   Will the sponsor 

25    continue to yield?  


                                                               3669

 1                 ACTING PRESIDENT COONEY:   Will the 

 2    sponsor yield?

 3                 SENATOR FERNANDEZ:   (Sotto voce.)  

 4    I don't want to.  

 5                 ACTING PRESIDENT COONEY:   

 6    (Chuckling.)  The sponsor yields.

 7                 SENATOR STEC:   How will DEC assure 

 8    consistent and standardized monitors are 

 9    reporting accurately so that emissions from major 

10    sources across the state are comparable?

11                 SENATOR FERNANDEZ:   You asked how 

12    they were reporting accurately?

13                 SENATOR STEC:   So that emissions 

14    from major sources all around the state will be 

15    comparable to one another.

16                 SENATOR FERNANDEZ:   Well, 

17    constantly checking and doing this bill would 

18    allow us to see what is the contaminants and 

19    decide where they're coming from.  

20                 We can't control the wind or the 

21    rain and how it pushes anything from anywhere, 

22    but this would help us figure out what is here 

23    and where it's coming from.

24                 SENATOR STEC:   Will the sponsor 

25    continue to yield for a few more questions.


                                                               3670

 1                 ACTING PRESIDENT COONEY:   Will the 

 2    sponsor yield?

 3                 SENATOR FERNANDEZ:   Yes.

 4                 ACTING PRESIDENT COONEY:   The 

 5    sponsor yields.

 6                 SENATOR STEC:   Thank you.  

 7                 Will DEC set a level of ambient air 

 8    quality standards above which a 

 9    fenceline-monitored deviation will be penalized?  

10    And if so, what will these penalties entail?

11                 (Pause.)

12                 SENATOR FERNANDEZ:   DEC has the 

13    authorization to assess and figure out what are 

14    the proper penalties, as they are doing now with 

15    other violations.

16                 SENATOR STEC:   Will the sponsor 

17    continue to yield?  

18                 ACTING PRESIDENT COONEY:   Will the 

19    sponsor yield?

20                 SENATOR FERNANDEZ:   Yes.

21                 ACTING PRESIDENT COONEY:   The 

22    sponsor yields.

23                 SENATOR STEC:   I want to circle 

24    back to the first couple of questions that I 

25    asked, because I think I need a little more 


                                                               3671

 1    clarification.

 2                 You mentioned that there are 

 3    guidelines that are already established and that 

 4    this new law would just formalize those 

 5    guidelines that DEC already has or follows.  Is 

 6    that -- am I understanding you correctly?

 7                 SENATOR FERNANDEZ:   Yes.

 8                 SENATOR STEC:   Okay, if the sponsor 

 9    would continue to yield.

10                 ACTING PRESIDENT COONEY:   Will the 

11    sponsor yield?

12                 SENATOR FERNANDEZ:   Yes.

13                 ACTING PRESIDENT COONEY:   The 

14    sponsor yields.

15                 SENATOR STEC:   So in that case like 

16    can you tell me what the frequency of calibration 

17    of these fenceline instruments is going to be?  I 

18    mean, if they're already in guidelines.  Or what 

19    the threshold limits are going to be, since 

20    they're already in guidelines?

21                 (Pause.)

22                 SENATOR FERNANDEZ:   So for 

23    different pollutants and their effects, different 

24    practices may be done.  But it's really important 

25    to know that the EPA is currently moving in this 


                                                               3672

 1    direction with having more frequent monitoring 

 2    and thus understanding the effects of the 

 3    pollutants.

 4                 SENATOR STEC:   If the sponsor would 

 5    continue to yield.

 6                 ACTING PRESIDENT COONEY:   Will the 

 7    sponsor yield?

 8                 SENATOR FERNANDEZ:   Sure.

 9                 ACTING PRESIDENT COONEY:   The 

10    sponsor yields.

11                 SENATOR STEC:   I'm sorry, I'm not 

12    sure I heard the answer to my question.  

13                 You said that these guidelines are 

14    already in place.  So my questions are, then what 

15    is the frequency of calibration?  You know, 

16    another question might be the number of monitors, 

17    the placement, the spacing along the fenceline.  

18                 I mean, if these guidelines already 

19    exist, can you tell me what they are?  That we're 

20    just merely formalizing into law.  

21                 (Pause.)

22                 SENATOR FERNANDEZ:   So your 

23    question is looking for a case-by-case 

24    determination, and they're not currently in the 

25    guidelines.  


                                                               3673

 1                 But if we codify these guidelines 

 2    and make them rules then, again, we are able to 

 3    assess what needs to be done in what areas.  More 

 4    information is never a bad thing.  Collecting 

 5    data is always helpful.  And this bill would 

 6    allow us to frequently collect data to then make 

 7    sure we know how to assess the various areas and 

 8    where to put the monitors at the fencelines.

 9                 SENATOR STEC:   Would the sponsor 

10    continue to yield.  

11                 ACTING PRESIDENT COONEY:   Does the 

12    sponsor yield?

13                 SENATOR FERNANDEZ:   Yes.

14                 ACTING PRESIDENT COONEY:   The 

15    sponsor yields.  

16                 SENATOR STEC:   All right, thank 

17    you.  

18                 Again, I apologize, I'm still not 

19    hearing an answer.  You said the guidelines 

20    exist.  And then you just said we're going to 

21    codify these guidelines so that we can later come 

22    up with the spacing and frequency and calibration 

23    and threshold limits for various contaminants.  

24                 I mean, is this in the bill or is it 

25    in existing guidelines that we're just codifying?  


                                                               3674

 1    Has DEC done this already?  

 2                 Or another way -- let me ask the 

 3    question another way, Mr. President.

 4                 Why should we proceed with this bill 

 5    in advance of getting DEC's recommendations for 

 6    the answers to my questions -- how often they 

 7    should be calibrated, what the spacing should be, 

 8    what these threshold limits should be.  It sounds 

 9    like this bill is ahead of DEC, the cart is in 

10    front of the horse.

11                 SENATOR FERNANDEZ:   I disagree.  

12    And -- I mean, the fact that this is being 

13    challenged, that we don't want to know what the 

14    pollutants are doing to our communities, to 

15    ourselves, is in and of itself troubling to me.  

16                 But the guidelines that exist that 

17    are at times being followed are able to find, 

18    again, the source, the amount, the -- what's the 

19    other word I'm looking for -- the severity of the 

20    pollutants in various areas to figure out where 

21    more monitors need to go.

22                 And I think that you would agree you 

23    want clean air.  You represent upstate, with some 

24    of the cleanest air in this country.  And that's 

25    something that we're trying to help every part of 


                                                               3675

 1    the state achieve, by having these guidelines set 

 2    into rules so we can properly assess what the 

 3    pollutants are that this state unfortunately is 

 4    feeding into our communities.

 5                 SENATOR STEC:   If the sponsor would 

 6    continue to yield for another question.  

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 The sponsor yields.  

10                 SENATOR STEC:   So I'll go back to 

11    my first question.  

12                 This bill is in fact identical to 

13    the bill that Governor Hochul vetoed last year.  

14    And she -- in her words, because it would require 

15    DEC to promulgate these air quality standards.  

16    And she feels that these fenceline systems are 

17    already overseen by DEC -- the monitoring plans 

18    are overseen by DEC under existing regulatory 

19    authority and are duplicative, unnecessary and 

20    could divert state resources from implementing 

21    other crucial programs to protect New Yorkers.  

22                 In other words, the Governor is 

23    saying this is wasteful and unnecessary.  And yet 

24    this bill hasn't changed from last year.  Do you 

25    have any reason to believe why this time the 


                                                               3676

 1    Governor is going to not veto it?

 2                 SENATOR FERNANDEZ:   From last year 

 3    to now, as I mentioned, the EPA is taking these 

 4    steps.  

 5                 So as we continue to bang the drum 

 6    about what we need to do to help make our air 

 7    cleaner, make our water cleaner, our federal 

 8    partners are doing that.  So trends are changing.  

 9    And this bill deserves another chance to pass on 

10    this floor and in the Assembly and let the 

11    Governor look at it one more time.  

12                 But the fact is that we need to be 

13    stronger on our climate resiliency and taking 

14    these measures to make sure that our communities, 

15    especially some like mine, are living with the 

16    cleanest air possible.

17                 SENATOR STEC:   On the bill.

18                 ACTING PRESIDENT COONEY:   Senator 

19    Stec on the bill.

20                 SENATOR STEC:   Thank you, 

21    Mr. President.

22                 I don't often say this, but I in 

23    this instance agree with Governor Hochul.  This 

24    bill is duplicative, unnecessary, and will divert 

25    state resources from implementing other crucial 


                                                               3677

 1    programs to New York.

 2                 It's also going to have an economic 

 3    impact on an area of our economy that has already 

 4    taken a beating at the hands of state government.  

 5    These thresholds don't exist.  The limits don't 

 6    exist.  The work hasn't been done by DEC.  

 7                 That we're monitoring smokestacks 

 8    and now we want to monitor at the fenceline, the 

 9    solution -- a lot of environmental engineers will 

10    say, tongue in cheek, that the solution to 

11    pollution is dilution.  And what will happen is 

12    you will have companies looking to make their 

13    smokestacks taller so that it dissipates before 

14    it gets to ground level.  It won't do a thing to 

15    change what's coming out of those smokestacks; it 

16    will just be pushing them up higher into the 

17    atmosphere.  

18                 So again, it's duplicative, 

19    unnecessary, in the Governor's words.  It's a bad 

20    bill.  I'll be voting against it.

21                 ACTING PRESIDENT COONEY:   Are there 

22    any other Senators wishing to be heard?

23                 Seeing and hearing none, debate is 

24    closed.

25                 Senator Gianaris.


                                                               3678

 1                 SENATOR GIANARIS:   Mr. President, 

 2    we've agreed to restore this bill to the 

 3    noncontroversial calendar.

 4                 ACTING PRESIDENT COONEY:   The bill 

 5    is restored to the noncontroversial calendar, and 

 6    the Secretary will read the last section.

 7                 THE SECRETARY:   Section 2.  This 

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

 9    shall have become a law.

10                 ACTING PRESIDENT COONEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT COONEY:   Senator 

14    Fernandez to explain her vote.

15                 SENATOR FERNANDEZ:   Thank you.

16                 For those that are voting no, you 

17    know, I'm sorry that -- for your constituents you 

18    don't care about the clean air that is in front 

19    of us that we're breathing, that you're 

20    breathing.  

21                 And Senator Stec, I mentioned 

22    before, you represent the Adirondacks, some of 

23    the cleanest air.  That's very lucky for you.  

24    But for my communities, and many in this state, 

25    we need these monitors.  We need the rules set 


                                                               3679

 1    and followed.  And DEC, if they're not doing 

 2    their job, then we need to do our job and make 

 3    sure that they are held accountable.  

 4                 And if it is, you know, concern 

 5    about what this would cost DEC, the effective 

 6    date is not for a couple of years, so we can 

 7    assess and give the proper budget to make sure 

 8    this is happening.  

 9                 But this bill is a part of the 

10    Earth Day package because it is setting a 

11    standard that needs to be made, that needs to be 

12    set, that needs to be respected and followed so 

13    our communities can breathe clean air as best as 

14    possible.  

15                 So I proudly vote aye, and I thank 

16    everyone else for voting aye.

17                 ACTING PRESIDENT COONEY:   Senator 

18    Fernandez to be recorded in the affirmative.

19                 Announce the results.  

20                 THE SECRETARY:   In relation to 

21    Calendar 537, those Senators voting in the 

22    negative are Senators Borrello, Gallivan, Griffo, 

23    Helming, Lanza, Oberacker, Ortt, Rhoads, Rolison, 

24    Stec, Tedisco, Weber and Weik.

25                 Ayes, 47.  Nays, 13.


                                                               3680

 1                 ACTING PRESIDENT COONEY:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    851, Senate Print 2129B, by Senator Krueger, an 

 5    act to amend the Environmental Conservation Law.

 6                 ACTING PRESIDENT COONEY:   Senator 

 7    Borrello, why do you rise?

 8                 SENATOR BORRELLO:   Mr. President, 

 9    will the sponsor yield for a question?  

10                 ACTING PRESIDENT COONEY:   Will the 

11    sponsor yield? 

12                 SENATOR KRUEGER:   Did I hear one 

13    question?  Just clarify it.

14                 SENATOR BORRELLO:   Can I modify 

15    that?  

16                 SENATOR KRUEGER:   Was that one 

17    question?  

18                 SENATOR BORRELLO:   With multiple 

19    follow-ups.

20                 SENATOR KRUEGER:   Oh, with multiple 

21    follow-ups.  I was relieved -- I was scared he 

22    really only had one question.

23                 Of course I will respond to one 

24    question and multiple follow-ups.

25                 ACTING PRESIDENT COONEY:   The 


                                                               3681

 1    sponsor yields to one question and multiple 

 2    follow-ups.

 3                 SENATOR BORRELLO:   Thank you, 

 4    Mr. President.  

 5                 Since we have to do this one at a 

 6    time, I guess the first question is we talked -- 

 7    through you, Mr. President, we talked about this 

 8    in the Finance Committee.  And I guess, you know, 

 9    my first question is we're going to assess fines 

10    to, you know, polluters, as we call them, people 

11    that have supplied energy that have actually made 

12    America run for decades, centuries, whatever it 

13    might be.  But now we're going to assess a fine 

14    to them.  

15                 So I'm going to assume that, you 

16    know, they're not just going to get an invoice in 

17    the mail and they're going to pay -- you know, 

18    write out a check and send it back to us.

19                 So how do we plan to get -- in the 

20    case of international companies that are not 

21    based here in New York or the United States, how 

22    are we going to get them to pay the bill?  

23                 SENATOR KRUEGER:   Through you, 

24    Mr. President.  It is correct that many of these 

25    companies are internationally based.  None of 


                                                               3682

 1    them are actually based here in New York.  

 2                 But we will assess them, and if they 

 3    don't pay their assessments, we will not allow 

 4    them to do business in New York.  Because they 

 5    want to continue selling us these products as 

 6    long as they can.  But we believe that because we 

 7    can prove they knew they were polluting the 

 8    climate for decades and decades, and we know that 

 9    we are now facing enormous costs of the damage 

10    that has been done by the products that they knew 

11    would do this, and we either have to pay the full 

12    cost of the remediation and adjustments in our 

13    lives or we can expect the polluters to pay some 

14    share of it.  

15                 So this assessment or fine, as my 

16    colleague just used the term, is an opportunity 

17    for them to help pay back some of the costs of 

18    the damages they knowingly created.

19                 SENATOR BORRELLO:   Mr. President, 

20    will the sponsor continue to yield for a 

21    follow-up question.

22                 ACTING PRESIDENT COONEY:   Will the 

23    sponsor yield? 

24                 SENATOR KRUEGER:   Yes.

25                 ACTING PRESIDENT COONEY:   The 


                                                               3683

 1    sponsor yields.

 2                 SENATOR BORRELLO:   So -- through 

 3    you, Mr. President.  So we have the 

 4    cap-and-invest program, which pretty much relies 

 5    on these energy companies to pay New York State 

 6    to continue to do business in order for you to 

 7    get this cap-and-invest -- this cap and tax is 

 8    really what it is, a cap-and-tax program, and the 

 9    revenue for that.

10                 So if they decide that we're just 

11    not going to pay this fine that New York State 

12    has assessed, therefore we're not going to have 

13    to continue to do business here, which therefore 

14    means we won't be participating in the 

15    cap-and-invest program, how are we going to go 

16    about getting the money for the fine and then 

17    also the cap-and-invest money if they're not 

18    going to continue to participate?  

19                 SENATOR KRUEGER:   So we're still 

20    waiting to see the final regulations proposals 

21    from the Governor on how cap and invest will work 

22    and who exactly will need to be making the 

23    payments.  

24                 But it's not clear at all that it's 

25    the same universe.  Because again, these are the 


                                                               3684

 1    largest international and national companies, as 

 2    opposed to companies here in New York, who are 

 3    creating current pollution and expected to pay 

 4    some formula through a cap-and-invest program to 

 5    both try to decrease the amount of pollution that 

 6    they are currently doing through their activities 

 7    in New York, and then using that money to 

 8    hopefully help us also deal with the costs of 

 9    these realities going forward.

10                 SENATOR BORRELLO:   Mr. President, 

11    will the sponsor continue to yield.

12                 ACTING PRESIDENT COONEY:   Will the 

13    sponsor yield?

14                 SENATOR KRUEGER:   Yes.

15                 ACTING PRESIDENT COONEY:   The 

16    sponsor yields.

17                 SENATOR BORRELLO:   So I know we 

18    discussed this a little bit in the 

19    Finance Committee.  But how do we come about 

20    assessing these so-called damages?  You know, 

21    how -- what was the process by which -- because 

22    it sounded like you had a very intricate, I 

23    guess, process of determining right down to the 

24    company and the citizen of New York State exactly 

25    how much damage has been done.  


                                                               3685

 1                 What was the -- can you show your 

 2    work on that, as they would say in school?  How 

 3    do you get to that?  

 4                 SENATOR KRUEGER:   So there were a 

 5    group of economists who have actually done 

 6    international analysis of what companies existed 

 7    in what years, how much of the percent of 

 8    climate-damaging pollution was created in each of 

 9    those years, and how much of their business was a 

10    percentage of that pollution.

11                 So who created the pollution, how 

12    much of the pollution was caused by businesses 

13    based on the size of the business and the 

14    activity, and then how much of that would 

15    translate down to the impact on the 

16    United States, based on our population.  Then, 

17    how much of that population is here in New York 

18    State.  

19                 Hence the amount of hitting them 

20    with 3 billion a year for 25 years, which would 

21    be 75 billion in total.  And there's tables and 

22    charts, and I can give them to you after this 

23    debate.

24                 SENATOR BORRELLO:   Sure.

25                 Mr. President, will the sponsor 


                                                               3686

 1    continue to yield.

 2                 ACTING PRESIDENT COONEY:   Will the 

 3    sponsor yield?

 4                 SENATOR KRUEGER:   Yes.

 5                 ACTING PRESIDENT COONEY:   The 

 6    sponsor yields.

 7                 SENATOR BORRELLO:   So we're making 

 8    the assumption, then, that 50 years, 60 years 

 9    ago, 70 years ago there would have been a way to 

10    mitigate that and still produce energy.  Right?  

11    Aren't you saying that there would have been a 

12    way to avoid the pollution, which is how you 

13    prove negligence, right?  There has to be an 

14    alternative.  

15                 So how do we say to a company 

16    70 years ago, when solar panels didn't exist, 

17    that you could have been producing energy from 

18    solar panels instead of from fossil fuels?  How 

19    are we making that connection?

20                 SENATOR KRUEGER:   I'm sorry.  Can 

21    you just try it once more?  I shouldn't have been 

22    asking --

23                 SENATOR BORRELLO:   Sure.  

24                 We're making an assumption that in 

25    order to prove that there was an alternative for 


                                                               3687

 1    them, they could have avoided somehow providing 

 2    energy for New York State without, you know, 

 3    creating any type of emission.  Would which mean 

 4    that 50, 60, 70 years ago they would have had to 

 5    been able to, I don't know, produce a solar panel 

 6    that didn't exist 70 years ago or, you know, 

 7    whatever it might be to provide energy.

 8                 So how do you prove negligence, 

 9    which would be the way to assess some kind of a 

10    fine, when there was no alternative to -- other 

11    than using fossil fuels to produce energy for 

12    New York State?  

13                 SENATOR KRUEGER:   So through you, 

14    Mr. President.  While the data goes back that 

15    far, we're only applying the years 2000 to 2018 

16    in order to calculate the damages or the 

17    assessment on the damages done.  

18                 And, frankly, we do know that they 

19    knew exactly what they were doing between 

20    2000 and 2018.  We know that there were some 

21    alternatives available between 2000 and 2018.  So 

22    we're not addressing the question of did they 

23    know something 70 years ago or 50 years ago.

24                 SENATOR BORRELLO:   Mr. President, 

25    will the sponsor continue to yield.  


                                                               3688

 1                 ACTING PRESIDENT COONEY:   Does the 

 2    sponsor yield?

 3                 SENATOR KRUEGER:   Yes.

 4                 ACTING PRESIDENT COONEY:   The 

 5    sponsor yields.

 6                 SENATOR BORRELLO:   So then you're 

 7    saying that in the year 2000 there would have 

 8    been an alternative to using any type of 

 9    emission-producing fuel that would have been able 

10    to power New York State.  New York City, which is 

11    the largest user of power not just in this state, 

12    but probably the entire country, that there would 

13    have been enough alternative fuel sources to 

14    power New York City without any rolling 

15    blackouts, brownouts, anything else.  

16                 We're making that statement by 

17    assessing this fine, that there would have been a 

18    clear alternative to being able to actually power 

19    this state without any emissions.

20                 SENATOR KRUEGER:   We actually don't 

21    know that, Mr. President, and that's not actually 

22    relevant to the bill.  

23                 But what -- we do know that they 

24    knew they were causing pollution.  We do know 

25    that the science of climate change was 


                                                               3689

 1    well-established, including the impact of fossil 

 2    fuels, known by the industry.  And that a 

 3    reasonable corporate actor would have attempted 

 4    to address this issue as best they could.  

 5                 And we're really just saying we know 

 6    that you caused this, and we would like you to 

 7    help us pay for the damage.  We're not even 

 8    asking them to justify their behavior.  We're not 

 9    applying damages for bad behavior.  Although I do 

10    believe that courts have gotten awfully close to 

11    arguing there is evidence of bad corporate 

12    behavior.  But that's not what we're doing here.

13                 We're saying your activities caused 

14    this amount of damage.  We, the people, now have 

15    to pay an enormous amount to deal with it.  We 

16    would like to assess your companies some share, 

17    relatively small, to help us pay these costs.

18                 And when I say relatively small, I 

19    know that we all think 3 billion a year sounds 

20    like a lot of money on this floor, and I'm not 

21    pooh-poohing the amount of 3 billion.  But if you 

22    look at the profitability of these exact same 

23    companies in '22, '23, '24 -- or parts of '24 

24    still -- it's the largest amount of net profits 

25    they have ever seen in their existence as 


                                                               3690

 1    businesses.  

 2                 And the jump in the damage done by 

 3    emissions skyrocketed after the year 2000.  So in 

 4    2000, we already knew the problems.  We knew that 

 5    there were supposedly companies saying we're 

 6    going to do something about it.  And then we saw 

 7    emissions skyrocket beyond anything we imagined 

 8    would happen.  

 9                 So to even make the argument -- 

10    which my bill does not -- that these companies 

11    knowingly lied to us I think is a legitimate 

12    charge, but it has nothing to do with what's 

13    happening within this bill.

14                 SENATOR BORRELLO:   Mr. President, 

15    will the sponsor continue to yield.  

16                 ACTING PRESIDENT COONEY:   Does the 

17    sponsor yield?

18                 SENATOR KRUEGER:   Yes, I yield.  

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.

21                 SENATOR BORRELLO:   So currently 

22    New York City is about 70 percent reliant on 

23    fossil fuels for power right now, today.  You're 

24    telling the companies that are providing that 

25    power that they are going to pay a fine for 


                                                               3691

 1    2000-2018.  

 2                 But nothing fundamentally has 

 3    changed between the way power is delivered, 

 4    particularly in New York City.  I mean, up where 

 5    I live, we're 90 percent green, largely due to 

 6    hydroelectric power.  

 7                 So are we going to assess fines for 

 8    them to continue to provide power to New York 

 9    City in particular, which is 70 percent reliant 

10    on fossil fuel, going forward?  How are we going 

11    to -- are we basically saying:  You need to stop 

12    providing power to New York State that produces 

13    any kind of emissions, otherwise you're going to 

14    face further fines?

15                 SENATOR KRUEGER:   So we're looking 

16    backwards in time.  You're asking about going 

17    forward?  

18                 SENATOR BORRELLO:   I'm talking 

19    about today.

20                 SENATOR KRUEGER:   Okay.  Today 

21    forward.

22                 SENATOR BORRELLO:   The power's on 

23    today largely because of fossil fuels.

24                 SENATOR KRUEGER:   We have passed a 

25    multiple series of laws, both at the state level, 


                                                               3692

 1    at the New York City level, at the federal level 

 2    through international treaties that all head us 

 3    towards, yes, getting off of oil and gas and 

 4    moving to alternative energy.  That's not a new 

 5    concept on this Senate chamber floor.  And we 

 6    have passed our CLCPA and, again, international 

 7    treaties.  

 8                 So yeah, we're going to be getting 

 9    off of oil and gas, and in my opinion the faster 

10    the better.

11                 We do have alternatives in green 

12    energy, in technology that is not as polluting, 

13    and the faster the better.  Will these companies 

14    still want to sell to us in New York State?  Oh, 

15    yes, sir, they will.  For as long as they are 

16    possibly legally able, they will still sell to us 

17    in New York State even if we have assessed them.  

18    Why?  Because there's far more companies that 

19    aren't going to be on the list that will be happy 

20    to sell to us, and they don't want to lose out 

21    competitively to them.

22                 So if you're one of the largest oil 

23    and gas companies in the world and you realize 

24    your share of a $3 billion assessment is sort of 

25    chump change, you're not going to walk away from 


                                                               3693

 1    selling to New York State, where you're still 

 2    going to make money as long as we, the 

 3    government, allow you to sell your product in our 

 4    state.

 5                 So I'm not concerned that this law 

 6    will result in these 30 companies saying we walk 

 7    away from New York.  I'm quite sure they won't.

 8                 SENATOR BORRELLO:   Mr. President, 

 9    will the sponsor continue to yield.  

10                 ACTING PRESIDENT COONEY:   Will the 

11    sponsor yield?

12                 SENATOR KRUEGER:   Yes.

13                 ACTING PRESIDENT COONEY:   The 

14    Senator yields.

15                 SENATOR BORRELLO:   So what you're 

16    saying is this isn't really about cleaner air, 

17    this is about money.  Because they're going to 

18    have to continue to deliver power to New York 

19    City.  They're going to have to continue to do so 

20    with basically the same mix of largely fossil 

21    fuel.  

22                 Right now, today, the lights are on 

23    here, the lights are on everywhere in New York 

24    State largely due to mostly fossil fuel, 

25    particularly in New York City.  So what you're 


                                                               3694

 1    saying is you're going to continue to pollute, 

 2    that's okay.  Just pay us, because we need to 

 3    keep the lights on here.

 4                 SENATOR KRUEGER:   No, I actually 

 5    don't think we're saying that since again, as I 

 6    just said, we have passed a series of laws making 

 7    sure that we are phasing out of oil and gas.  But 

 8    obviously we're not doing it overnight.  So we 

 9    are making those efforts.  We have already taken 

10    those steps.

11                 I'm saying if you break it, you own 

12    it.  They broke it.  They broke the climate.  We 

13    are paying those costs already, we the people.  

14    Ratepayers are paying it.  Every one of our 

15    constituents are paying it, higher utility costs.  

16    We are paying -- we are expected to pay even more 

17    and more and more.  Don't we think the polluters 

18    ought to pay some share of the damage they have 

19    done?  

20                 It's not even a radical notion.  We 

21    have a federal Superfund Act in effect, and it's 

22    exactly the same model.  But it's for polluting 

23    the earth, the land.  If you buy a piece of land 

24    and you discover that it has been polluted to 

25    such a level of damage that the Superfund kicks 


                                                               3695

 1    in, then the previous owners, even though they're 

 2    gone, owe the money for repair of that land.  If 

 3    you buy that land, you face the liability of it.

 4                 So it's not a radical notion to 

 5    assess the polluters a share of the damage 

 6    they've done.  It's just a different concept 

 7    because the pollution is to our air and our 

 8    water.  Which, by the way, it doesn't matter 

 9    whether you live in New York City or your county, 

10    because this funky thing about air and water, it 

11    just moves around all over.  Once it's polluted, 

12    we all have to face it.  

13                 So New York City may or may not 

14    disproportionately use oil and gas.  I actually 

15    think we're not even a disproportionate polluter.  

16    There's a variety of reasons for that.  But it 

17    doesn't matter.  It's water, it's air, it travels 

18    from your county to my county.

19                 SENATOR BORRELLO:   Mr. President, 

20    will the sponsor continue to yield.  

21                 ACTING PRESIDENT COONEY:   Will the 

22    sponsor yield? 

23                 SENATOR KRUEGER:   Yes.

24                 ACTING PRESIDENT COONEY:   The 

25    sponsor yields.


                                                               3696

 1                 SENATOR BORRELLO:   So I'm sure 

 2    you're familiar with the due-process clause of 

 3    the 14th Amendment, where anyone is afforded 

 4    due process.

 5                 Do you think that this assessment 

 6    runs afoul of the due-process clause, runs afoul 

 7    of the Constitution of the United States?  

 8                 SENATOR KRUEGER:   No, I don't.  

 9    Because happily for me, not only have I worked 

10    with some of the most famous economists on these 

11    issues, I've also worked with the most famous 

12    lawyers on environmental law on these issues, and 

13    they assure me that it does not impact a -- it's 

14    not a violation of the Constitution, and it isn't 

15    a violation of the Clean Air Act.  

16                 We know the big oil and gas 

17    companies will file lawsuits the day this bill is 

18    signed.  That's why it's so important that we 

19    need to get started now, because it's going to 

20    take a while to get through the litigation and 

21    start collecting the money and relieving 

22    New York's taxpayers of this full burden 

23    themselves.

24                 But not only am I sure this is 

25    constitutional, but because it's taken so long to 


                                                               3697

 1    get this through New York, I actually offered it 

 2    to the United States Congress, said, maybe you 

 3    should do it on the federal level -- actually 

 4    probably should do it on the federal level if we 

 5    had a functioning Congress.  

 6                 And the U.S. Senate, the U.S. House 

 7    of Representatives, and President Biden all said, 

 8    yeah, our people say it's legit and it will hold 

 9    up in court.  And so they put it in the Build It 

10    Back Better bill.  But then one Senator who had 

11    the power to risk the bill not passing -- and he 

12    was a Democrat, unfortunately -- had that section 

13    pulled out. 

14                 So this has been vetted by people 

15    who vet cases that are going to go before the 

16    U.S. Supreme Court, and they still believe that 

17    they should pass this and that it was 

18    constitutional and would stand up.  

19                 But I admit, we're going to get 

20    sued, yeah.

21                 SENATOR BORRELLO:   Mr. President, 

22    will the sponsor continue to yield?

23                 ACTING PRESIDENT COONEY:   Will the 

24    sponsor yield?

25                 SENATOR KRUEGER:   Yes.


                                                               3698

 1                 ACTING PRESIDENT COONEY:   The 

 2    sponsor yields.

 3                 SENATOR BORRELLO:   So there's no 

 4    precedent for this anywhere.  This hasn't been 

 5    done.  I'm sure the people that you're going to 

 6    pay by the hour are going to be happy to bring 

 7    this and say it's going to be a great lawsuit -- 

 8    because it will be for them, absolutely.  They're 

 9    going to get paid.

10                 (Overtalk.)

11                 SENATOR KRUEGER:   -- definitely 

12    representing us, so I think they get paid every 

13    way anyway.  

14                 SENATOR BORRELLO:   Well, I'm sure 

15    they're going to job it out, so.

16                 That being said, if these folks 

17    don't pay, you know, they're going to sue, you're 

18    going to have to sue them.  You know, how -- how 

19    much -- without a precedent anywhere else, 

20    nowhere else has this happened, how much is this 

21    going to cost New Yorkers in lawsuits and 

22    counter-lawsuits and -- what is this going to 

23    cost?

24                 SENATOR KRUEGER:   Through you, 

25    Mr. President.  A whole lot less than $75 billion 


                                                               3699

 1    in revenue if we win that lawsuit.  I don't know 

 2    how you evaluate the cost of an individual 

 3    lawsuit.  It's not going to go near the actual 

 4    win for the State of New York.  

 5                 And I don't know if it's 

 6    unprecedented, because I'm not sure what happened 

 7    in Vermont today, but I was told they were 

 8    passing the bill in Vermont today.  And that the 

 9    Governor -- I believe a Republican -- already 

10    said he would sign it.

11                 SENATOR BORRELLO:   Mr. President, 

12    on the bill.

13                 ACTING PRESIDENT COONEY:   Senator 

14    Borrello on the bill.

15                 SENATOR BORRELLO:   Thank you, 

16    Senator Krueger.

17                 So I understand that there are times 

18    throughout history where companies have been held 

19    accountable for something that they may have done 

20    in the past.  It could have been asbestos.  It 

21    could have been, you know, any kind of toxic 

22    pollutants.  But in this case we're talking about 

23    energy, energy that's being supplied pretty much 

24    today as it was in 2018 and 2000.  

25                 And we're saying to the people that 


                                                               3700

 1    provide the energy to New York State, the people 

 2    that keep the lights on in this room and every 

 3    room across the state, the people that make sure 

 4    that hospitals have power, that we're able to get 

 5    to work -- all those things, natural gas, 

 6    gasoline, electricity, you name it.  We're saying 

 7    to them:  You've done something wrong, you have 

 8    to pay New York State for that.  But continue to 

 9    do that.  Don't shut it off.  Don't stop.  Just 

10    keep doing what you're doing.  And you know what?  

11    Somewhere down the road we'll probably assess 

12    another fine.  

13                 I don't think that's really the 

14    right way to handle this, really.  Is it?  If we 

15    had a solution and there was a solution in place 

16    in 2000 or 2018 or 1965, then maybe I could see.  

17                 But no, it's essentially the same.  

18    We're going to punish them for providing the 

19    power that keeps New York going.  Okay.  

20                 But what this is really about, in my 

21    opinion, is this.  We know the cost of converting 

22    New York, this CLCPA, the Climate Action Council 

23    Scoping Plan, is tremendous.  Tremendous.  

24    Hundreds of billions if not a trillion dollars.  

25    And my colleagues that support this know that.


                                                               3701

 1                 So they're looking under every rock 

 2    to find whatever dollar they can to offset that 

 3    cost.  Because they know the cost of keeping the 

 4    lights on in New York City with all-renewable 

 5    energy is going to be so tremendous, so 

 6    unreliable, so costly that it's going to turn us 

 7    into a Third World country, probably.  

 8    Unreliable, expensive energy.  

 9                 And so what's the government going 

10    to do?  Well, we're going to do what third world 

11    countries do.  We're going to confiscate it from 

12    the people that are actually producing that.  

13    We're going to confiscate it from the productive 

14    people, the people that -- the manufacturers, 

15    because this is probably going to spread.  It's 

16    going to spread to companies that use a lot of 

17    energy.  Right?  They're going to have to pay 

18    too.  

19                 So if you manufacture something here 

20    in New York State, use a lot of energy, you're 

21    going to pay.  Keep manufacturing, keep those 

22    jobs, you're going to pay too.  

23                 You know, at the end of the day 

24    we've got to find a trillion dollars of other 

25    people's money to pay for this ridiculous idea of 


                                                               3702

 1    the CLCPA.  So we're going to find 75 billion 

 2    here, 100 billion there, we're going to cap and 

 3    invest.  Eventually we're going to try and cobble 

 4    together a trillion dollars, but we're not.  It's 

 5    not going to happen.  

 6                 This is a bad idea, and I'll be 

 7    voting no.  Thank you. 

 8                 ACTING PRESIDENT COONEY:   Are there 

 9    any other Senators wishing to be heard?  Seeing 

10    and hearing none, debate is closed.

11                 (Off the record.)

12                 ACTING PRESIDENT COONEY:   Senator 

13    Krueger on the bill.

14                 SENATOR KRUEGER:   Thank you.

15                 You know what, I so appreciate my 

16    colleague's questions, but I think he's missing a 

17    point here.  Even the closing comments about 

18    we're doing all this to pay for the CLCPA and the 

19    movement to green energy.  

20                 We do have costs associated with 

21    having to transform our economy to a 

22    non-oil/gas-based economy.  That's true.  But 

23    actually this money is primarily going to go to 

24    remediation of the damage that has been done by 

25    the old economy by the oil and gas companies.


                                                               3703

 1                 So even if we didn't have a CLCPA, 

 2    even if we were foolish enough to think we didn't 

 3    need to transform to a renewable, non-polluting 

 4    model of electricity and other energy, we would 

 5    still be stuck with all the costs of climate 

 6    change and climate damage.  We're dealing with it 

 7    every day in every district in the state.

 8                 Our water tables are going up in our 

 9    oceans and our rivers and our lakes.  The 

10    temperatures are changing so that we have new 

11    invasive species.  We have increased forest fires 

12    throughout the world.  We are having tornados and 

13    earthquakes in New York State -- those were 

14    things you watched happening in other states.  

15                 We are struggling with adequate 

16    water supply throughout this country.  We have 

17    been told by the federal government that we must 

18    spend $55 billion on a seawall at the bottom of 

19    Manhattan to prevent Manhattan from collapsing 

20    into the water -- I believe parts of Brooklyn as 

21    well, and I believe parts of Staten Island.  

22    Apparently Staten Island is already building 

23    itself another seawall.  

24                 These things cost enormous money.  

25    That has nothing to do with CLCPA.  That's the 


                                                               3704

 1    damage that we have to deal with day in, day out, 

 2    at every juncture in every part of the state.

 3                 Where's the money going to come 

 4    from?  It will come from the state and our 

 5    localities because we have to make those repairs.  

 6    We can't not deal with that reality.  So we're 

 7    paying for it.

 8                 I'm suggesting with this piece of 

 9    legislation that the companies who knowingly 

10    continued down the path of selling us products 

11    that caused all of this should hold some 

12    responsibility for paying some of those costs.

13                 Now, we can never make them do that, 

14    I get it.  But then I'm telling you, you don't 

15    get off.  We have to pay it.  The costs are not 

16    going away.  And they have nothing to do with 

17    CLCPA.  

18                 I believe taking the movements of 

19    participating as actively as we can with the 

20    implementation of CLCPA and moving to green 

21    energy and sustainable energy will help us stop 

22    seeing things get even worse, even more 

23    unlivable, even more expensive to deal with.  But 

24    that's not what this bill is.  

25                 It's just saying ya broke it, you 


                                                               3705

 1    have to help pay for it.  Thank you.  I vote yes.  

 2    I encourage my colleagues to vote yes.

 3                 Thank you, Mr. President.

 4                 ACTING PRESIDENT COONEY:   Thank 

 5    you, Senator Krueger.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   I believe that 

 8    closes the debate?  

 9                 ACTING PRESIDENT COONEY:   It does.  

10    Debate is now closed.

11                 SENATOR GIANARIS:   We have agreed 

12    to restore this to the noncontroversial calendar.  

13                 ACTING PRESIDENT COONEY:   The item 

14    is restored to the noncontroversial calendar.

15                 Read the last section.

16                 THE SECRETARY:   Section 8.  This 

17    act shall take effect immediately.  

18                 ACTING PRESIDENT COONEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT COONEY:   Senator 

22    Rhoads to explain his vote.

23                 SENATOR RHOADS:   Thank you, 

24    Mr. President.  

25                 And thank you, Senator Krueger, for 


                                                               3706

 1    the answers to Senator Borrello's questions.  

 2                 I don't necessarily have a problem 

 3    with the result, but I do have an issue with 

 4    respect to the process.  You know, essentially 

 5    what you're doing is you're saying that you're 

 6    able to prove that these companies were aware of 

 7    the damage that they were doing.  If you have the 

 8    ability to prove the damages they were doing, the 

 9    location or venue where you would prove that is 

10    in court.  So essentially by act of the 

11    Legislature, we're assigning a fine.  

12                 And take a -- it doesn't even have 

13    to be with respect to energy, you know, with 

14    respect to oil companies.  You know, can you make 

15    the same argument that potato chip manufacturers 

16    know that their product is fattening, and as a 

17    result we have additional Medicare and Medicaid 

18    costs that the state has to pay because people 

19    eat potato chips and there are health problems 

20    that result.

21                 We wouldn't just be able to 

22    establish a fine by act of the Legislature 

23    against companies and assign them amounts of 

24    money that they have to pay based on their 

25    percentage of sales of potato chips in the State 


                                                               3707

 1    of New York.  You would have to go to court and 

 2    you would have to prove that, and the court would 

 3    determine whether or not we were able to make out 

 4    our case.

 5                 So my concern isn't necessarily with 

 6    the result that you're achieving.  My concern is 

 7    the process that you're going through in order to 

 8    get there.  And I think it establishes a very 

 9    dangerous precedent, because you can apply this 

10    to a host of other private businesses, private 

11    companies, and it establishes a -- really a way 

12    to circumvent what would normally be due-process 

13    considerations that we would have to meet in 

14    order to achieve the result that you're seeking.

15                 So I'm going to vote no.

16                 Thank you, Mr. President.

17                 ACTING PRESIDENT COONEY:   Senator 

18    Rhoads to be recorded in the negative.  

19                 Senator Martins to explain his vote.

20                 SENATOR MARTINS:   Thank you, 

21    Mr. President.

22                 Mr. President, I have the great 

23    honor of representing the North Shore of 

24    Nassau County, from the Queens border to the 

25    Suffolk border.  And we have the distinction of 


                                                               3708

 1    having a sole-source aquifer just below our feet 

 2    from which we get our drinking water.  We also 

 3    have issues with our -- the effects of climate 

 4    change on our communities.  We have felt that 

 5    over the years, whether it's Sandy or every 

 6    500-year storm that seems to impact us every 

 7    other year.  

 8                 So when it comes time to holding 

 9    people responsible and companies responsible for 

10    the harm that they do and ask them to contribute 

11    to fixing what they broke, I'm for it.  

12                 I vote aye.

13                 ACTING PRESIDENT COONEY:   Senator 

14    Martins to be recorded in the affirmative.

15                 Announce the results.

16                 THE SECRETARY:   In relation to 

17    Calendar 851, those Senators voting in the 

18    negative are Senators Ashby, Borrello, 

19    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

20    Lanza, Mattera, Murray, Oberacker, Ortt, Palumbo, 

21    Rhoads, Stec, Tedisco, Weber and Weik.

22                 Ayes, 43.  Nays, 17.

23                 ACTING PRESIDENT COONEY:   The bill 

24    is passed.

25                 Senator Gianaris, that completes the 


                                                               3709

 1    reading of today's calendar.

 2                 SENATOR GIANARIS:   Is there any 

 3    further business at the desk?

 4                 ACTING PRESIDENT COONEY:   There is 

 5    no further business at the desk.

 6                 SENATOR GIANARIS:   Move to adjourn 

 7    until tomorrow, Wednesday, May 8th, at 11:00 a.m.

 8                 ACTING PRESIDENT COONEY:   On 

 9    motion, the Senate stands adjourned until 

10    Wednesday, May 8th, at 11:00 a.m.

11                 (Whereupon, the Senate adjourned at 

12    5:54 p.m.)

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