Regular Session - January 23, 2020

                                                                   289

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  January 23, 2020

11                     11:42 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  

19  SENATOR BRIAN A. BENJAMIN, Acting President

20  ALEJANDRA N. PAULINO, ESQ., Secretary

21  

22  

23  

24  

25  


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

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and recite the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT BENJAMIN:   In the 

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

10   moment of silent reflection or prayer.

11                (Whereupon, the assemblage respected 

12   a moment of silence.)

13                ACTING PRESIDENT BENJAMIN:   The 

14   reading of the Journal.

15                THE SECRETARY:   In Senate, 

16   Wednesday, January 22, 2020, the Senate met 

17   pursuant to adjournment.  The Journal of Tuesday, 

18   January 21, 2020, was read and approved.  On 

19   motion, Senate adjourned.

20                ACTING PRESIDENT BENJAMIN:   Without 

21   objection, the Journal stands approved as read.

22                Presentation of petitions.

23                Messages from the Assembly.

24                Messages from the Governor.

25                Reports of standing committees.


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 1                Reports of select committees.

 2                Communications and reports from 

 3   state officers.

 4                Motions and resolutions.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Mr. President, 

 7   on page 7 I offer the following amendments to 

 8   Calendar Number 63, Senate 6725, and ask that 

 9   said bill retain its place on Third Reading 

10   Calendar, on behalf of Senator Carlucci.

11                ACTING PRESIDENT BENJAMIN:   The 

12   amendments are received, and the bill shall 

13   retain its place on the Third Reading Calendar.

14                Senator Gianaris.

15                SENATOR GIANARIS:   Can we now take 

16   up previously adopted Resolutions 2280 and 2401, 

17   by Senator Tedisco, read them title only, and 

18   recognize Senator Tedisco.

19                ACTING PRESIDENT BENJAMIN:   The 

20   Secretary will read.

21                THE SECRETARY:   Senate Resolution 

22   2280, by Senator Tedisco, congratulating the 

23   Burnt Hills-Ballston Lake High School Boys Cross 

24   Country Team and Head Coach Chip Button upon the 

25   occasion of capturing the New York State 


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 1   Federation Cross Country Championship.

 2                Senate Resolution 2401, by 

 3   Senator Tedisco, congratulating the Burnt 

 4   Hills-Ballston Lake Girls Volleyball Team and 

 5   Head Coach Gary Bynon upon the occasion of 

 6   capturing the New York State Class A Championship 

 7   on November 24, 2019.

 8                ACTING PRESIDENT BENJAMIN:   Senator 

 9   Tedisco on the resolutions.

10                SENATOR TEDISCO:   Thank you very 

11   much, Mr. President and my colleagues.

12                Mr. President and my colleagues, I 

13   know we're always very proud of our own Senate 

14   districts, and I certainly am proud of the 

15   49th Senatorial District.  In fact, I often like 

16   to say all good things emanate from the 

17   49th Senatorial District.  

18                (Laughter.)

19                SENATOR TEDISCO:   And it just so 

20   happens there are a couple of groups here today, 

21   outstanding student-athletes from two outstanding 

22   athletic teams from the Burnt Hills-Ballston Lake 

23   High School, who really represent what I mean 

24   about outstanding achievements and all good 

25   things.


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 1                The first group I'd like to present 

 2   to you is an outstanding team for girls 

 3   volleyball in the Burnt Hills-Ballston Lake 

 4   School District.  They and the second team I'm 

 5   going to present to you, which is the boys track 

 6   team -- cross country team, excuse me, both won 

 7   championships on the same weekend this past fall.  

 8                The Burnt Hills-Ballston Lake Girls 

 9   Varsity Volleyball Team and Head Coach Bynon won 

10   the New York State Public High School Athletic 

11   Association Class A title with a victory over 

12   West Irondequoit High School on Sunday, 

13   November 24, 2019, at the Cool Insuring Arena in 

14   Glens Falls.

15                The Spartans finished the campaign 

16   with an outstanding overall record of 31 wins and 

17   only five losses.  The team has won their 18th 

18   consecutive regional championship this season and 

19   their seventh state championship.  Just an 

20   outstanding season.  I want to really 

21   congratulate them.  

22                But they're a part of this 

23   outstanding dual group of wonderful student 

24   athletes and teams who are here today.  The 

25   second group of students, both -- as we passed 


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 1   resolutions for both of these teams -- is the 

 2   Burnt Hills-Ballston Lake Boys Varsity Cross 

 3   Country Team.  

 4                Now, as you look up there, you may 

 5   recognize some of them and their coaches because 

 6   they've been here quite a lot.  In fact, last 

 7   year I quoted Pat Riley, who was another 

 8   outstanding athlete from Schenectady, who coined 

 9   the term three-peat.  Well, last year they had a 

10   three-peat, the third championship in a row.  But 

11   now they've got their own copyright this year, 

12   and they can call it a four-peat.  They've won 

13   their fourth state championship in a row.  

14                And they've been here, 

15   Mr. President, so many times I think they may 

16   have better attendance than some of the members 

17   in the room today.  

18                (Laughter.)

19                SENATOR TEDISCO:   I'm not sure 

20   about that, but they've been here quite often.

21                The Burnt Hills-Ballston Lake Boys 

22   Varsity Cross Country Team, led by their coach 

23   Chip Button, captured their fourth straight 

24   New York Public High School Athletic Association 

25   Class B Cross Country Championship, and for good 


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 1   measure also won the New York State Federation 

 2   Championship at Bowdoin Park in Wappingers Falls 

 3   on Saturday, November 23, 2019.  

 4                The Spartans finished with an 

 5   impressive Suburban Council dual meet record of 

 6   14 and 1.  And I told them somebody sprained 

 7   their ankle on that day, and that's why that 

 8   happened, because they'd probably be perfect.  

 9                You did?  Okay.  Walk more gingerly 

10   next time, okay?

11                (Laughter.)

12                SENATOR TEDISCO:   The team has now 

13   won their 21st Section 2 championship locally, 

14   their ninth state championship, and their second 

15   Federation title, which is some outstanding 

16   achievements.  And for the second straight year, 

17   these young men represented New York State well 

18   with another Top 20 finish at the Nike 

19   Cross Country National Championship in Portland, 

20   Oregon.  

21                You know, Mr. President and my 

22   colleagues, school districts with excellent 

23   programs like this, outstanding academic 

24   students, outstanding athletic students, 

25   outstanding teams, student athletes, don't happen 


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 1   by chance.  They have outstanding coaches, 

 2   teachers, administrators, and they also have 

 3   outstanding athletic directors which lead many of 

 4   these teams.  And Joe Scalise is the athletic 

 5   director who I would want to make mention of also 

 6   today.

 7                But let me also say athletics is 

 8   important.  It was very important to me.  I 

 9   talked to them about what it means to be part of 

10   a team.  And I think they've learned some great 

11   lessons that we understand here to a certain 

12   extent, that all of our lives are part of a 

13   team -- whether it's our family, whether it's our 

14   education, working at projects, whether it's 

15   becoming state legislators, Democrats and 

16   Republicans trying to work together for the best 

17   quality of life for our constituents, or whatever 

18   job you have -- to be a part of that is to be a 

19   part of a team, to know your role.  

20                They know their role to so much 

21   successfulness that the team has achieved 

22   unbelievable goals.  And that's a great lesson.  

23                But a big part of it also is the 

24   academics.  And I just want to point out this, 

25   great achievements athletically.  The Boys 


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 1   Cross Country Team boasts a team grade average of 

 2   93.4 percent, while the Girls Volleyball Team 

 3   produced a team grade point average -- are you 

 4   ready for this -- of 97.3 percent.  So these are 

 5   not only outstanding athletes, outstanding team 

 6   members, they're outstanding in the field of 

 7   academics.  

 8                And I'm pretty sure they'll go on -- 

 9   this may be great successes for them, but I'm 

10   pretty sure they'll have even bigger and better 

11   successes in the future, because they've learned 

12   tremendous lessons in the classroom, 

13   academically, and with outstanding coaches and 

14   leaders as parts of a team.  

15                So, Mr. President and my colleagues, 

16   I wish you would welcome them, congratulate them, 

17   and offer them all the cordialities of this 

18   august Senate body.  

19                Thank you.

20                ACTING PRESIDENT BENJAMIN:   To our 

21   Girls Volleyball Team and our Boys Cross Country 

22   Team, I welcome you on behalf of the Senate.  We 

23   congratulate you.  We extend all the privileges 

24   and courtesies of this house.  

25                Please rise and be recognized.  


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 1                (Standing ovation.)

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   resolutions were previously adopted on 

 4   January 14th.

 5                Senator Gianaris.

 6                SENATOR GIANARIS:   Mr. President, 

 7   at the request of Senator Tedisco, those 

 8   resolutions are open for cosponsorship.

 9                ACTING PRESIDENT BENJAMIN:   The 

10   resolutions are open for cosponsorship.  Should 

11   you choose not to be a cosponsor of the 

12   resolutions, please notify the desk.

13                Senator Gianaris.

14                SENATOR GIANARIS:   Can we please 

15   take up the reading of the calendar.

16                ACTING PRESIDENT BENJAMIN:   The 

17   Secretary will read.

18                THE SECRETARY:   Calendar Number 72, 

19   by Senator Breslin, Senate Bill Number 3736, an 

20   act to amend the Insurance Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.

25                ACTING PRESIDENT BENJAMIN:   Call 


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 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 55.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                THE SECRETARY:   Calendar Number 89, 

 9   by Senator Jackson, Senate Print 7165, an act to 

10   amend the Energy Law.

11                ACTING PRESIDENT BENJAMIN:   Read 

12   the last section.

13                THE SECRETARY:   Section 2.  This 

14   act shall take effect on the same date and in the 

15   same manner as a chapter of the Laws of 2019.

16                ACTING PRESIDENT BENJAMIN:   Call 

17   the roll.

18                (The Secretary called the roll.)

19                ACTING PRESIDENT BENJAMIN:    

20   Announce the results.

21                THE SECRETARY:   In relation to 

22   Calendar Number 89, those Senators voting in the 

23   negative are Senators Akshar, Amedore, Borrello, 

24   Flanagan, Helming, Jordan, Lanza, O'Mara, Ortt, 

25   Ranzenhofer, Robach, Serino and Tedisco.  Also 


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 1   Senator Gallivan and Senator Funke.

 2                 Ayes, 42.  Nays, 15.

 3                ACTING PRESIDENT BENJAMIN:   The 

 4   bill is passed.

 5                THE SECRETARY:   Calendar Number 91, 

 6   by Senator Hoylman, Senate Print 7167, an act to 

 7   amend the General Business Law.

 8                ACTING PRESIDENT BENJAMIN:   Read 

 9   the last section.

10                THE SECRETARY:   Section 5.  This 

11   act shall take effect immediately.

12                ACTING PRESIDENT BENJAMIN:   Call 

13   the roll.

14                (The Secretary called the roll.)

15                ACTING PRESIDENT BENJAMIN:   Senator 

16   Hoylman to explain his vote.

17                SENATOR HOYLMAN:   Thank you, 

18   Mr. President.  

19                This is a chapter amendment, but I 

20   just wanted to take this opportunity to mention 

21   the fact of polyfluoroalkyl substances, or PFAS 

22   chemicals.  They're referred to as "forever 

23   chemicals" because they don't break down easily, 

24   and once they enter your bloodstream or a water, 

25   they're basically there forever.  


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 1                They're the main ingredient of the 

 2   substance called Teflon, which we know is from 

 3   nonstick pans, and they're part of a group of 

 4   tens of thousands of unregulated synthetic 

 5   chemicals.  

 6                And I mention it because there's a 

 7   film out in theaters now called Dark Waters.  

 8   It's about a lawyer named Rob Bilott, who I spoke 

 9   to about this very legislation, who's played by 

10   Mark Ruffalo in the film.  And he discovered 

11   about a decade ago that the DuPont Corporation 

12   poisoned an entire town in Parkersburg, 

13   West Virginia, with these types of chemicals, 

14   through direct contact and contaminated water.  

15                And New York State, Mr. President, 

16   has had its own run-in with PFAS and PFOA 

17   chemicals:  The Hoosick Falls contamination I 

18   think we all remember, and it's certainly now 

19   still an issue, as it is a state Superfund site; 

20   and of course Newburgh, where firefighting foam 

21   leaked into the water system and has resulted in 

22   a great problem for that community.

23                So through this legislation we're 

24   going to restrict the use of PFAS chemicals in 

25   firefighting foam.  Better for the firefighters, 


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 1   better for the local communities.  

 2                I vote aye.  Thank you.  

 3                ACTING PRESIDENT BENJAMIN:   Senator 

 4   Hoylman to be recorded in the affirmative.

 5                Announce the results.

 6                THE SECRETARY:   Ayes, 59.

 7                ACTING PRESIDENT BENJAMIN:   The 

 8   bill is passed.

 9                THE SECRETARY:   Calendar Number 95, 

10   by Senator Brooks, Senate Print 7171, an act to 

11   amend the Executive Law.

12                ACTING PRESIDENT BENJAMIN:   Read 

13   the last section.

14                THE SECRETARY:   Section 2.  This 

15   act shall take effect on the same date and in the 

16   same manner as a chapter of the Laws of 2019.

17                ACTING PRESIDENT BENJAMIN:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT BENJAMIN:    

21   Announce the results.

22                THE SECRETARY:   Ayes, 59.

23                ACTING PRESIDENT BENJAMIN:   The 

24   bill is passed.

25                THE SECRETARY:   Calendar Number 97, 


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 1   by Senator Rivera, Senate Print 7173, an act to 

 2   amend the Public Health Law.

 3                ACTING PRESIDENT BENJAMIN:   Read 

 4   the last section.

 5                THE SECRETARY:   This act shall take 

 6   effect on the same date and in the same manner as 

 7   a chapter of the Laws of 2019.

 8                ACTING PRESIDENT BENJAMIN:   Call 

 9   the roll.

10                (The Secretary called the roll.)

11                ACTING PRESIDENT BENJAMIN:    

12   Announce the results.

13                THE SECRETARY:   Ayes, 59.

14                ACTING PRESIDENT BENJAMIN:   The 

15   bill is passed.

16                THE SECRETARY:   Calendar Number 

17   102, by Senator Comrie, Senate Print 7178, an act 

18   to amend the Election Law.

19                ACTING PRESIDENT BENJAMIN:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect on the same date and in the 

23   same manner as a chapter of the Laws of 2019.

24                ACTING PRESIDENT BENJAMIN:   Call 

25   the roll.


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 1                (The Secretary called the roll.)

 2                ACTING PRESIDENT BENJAMIN:    

 3   Announce the results.

 4                THE SECRETARY:   In relation to 

 5   Calendar Number 102, those Senators voting in the 

 6   negative are Senators Akshar, Amedore, Borrello, 

 7   Boyle, Flanagan, Funke, Gallivan, Griffo, 

 8   Helming, Jordan, Lanza, LaValle, Little, O'Mara, 

 9   Ortt, Ranzenhofer, Ritchie, Robach, Serino and 

10   Tedisco.

11                Ayes, 39.  Nays, 20.

12                ACTING PRESIDENT BENJAMIN:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   104, by Senator Kaplan, Senate Print 7180, an act 

16   to amend a chapter of the Laws of 2019.

17                ACTING PRESIDENT BENJAMIN:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT BENJAMIN:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT BENJAMIN:    

25   Announce the results.


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 1                THE SECRETARY:   Ayes, 59.

 2                ACTING PRESIDENT BENJAMIN:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   119, by Senator Krueger, Senate Print 7195, an 

 6   act to amend a chapter of the Laws of 2019.

 7                ACTING PRESIDENT BENJAMIN:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT BENJAMIN:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT BENJAMIN:    

15   Announce the results.

16                THE SECRETARY:   In relation to 

17   Calendar Number 119, Senator Akshar in the 

18   negative.

19                Ayes, 58.  Nays, 1.

20                ACTING PRESIDENT BENJAMIN:   The 

21   bill is passed.

22                THE SECRETARY:   Calendar Number 

23   121, by Senator Metzger, Senate Print 7197, an 

24   act to amend the Labor Law.

25                ACTING PRESIDENT BENJAMIN:   Read 


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 1   the last section.

 2                THE SECRETARY:   Section 2.  This 

 3   act shall take effect on the same date and in the 

 4   same manner as a chapter of the Laws of 2019.

 5                ACTING PRESIDENT BENJAMIN:   Call 

 6   the roll.

 7                (The Secretary called the roll.)

 8                ACTING PRESIDENT BENJAMIN:    

 9   Announce the results.

10                THE SECRETARY:   In relation to 

11   Calendar Number 121, those Senators voting in the 

12   negative are Senators Akshar, Amedore, Borrello, 

13   Funke, Gallivan, Helming, Jordan, Lanza, O'Mara 

14   and Ortt.  

15                Ayes, 49.  Nays, 10.

16                ACTING PRESIDENT BENJAMIN:   The 

17   bill is passed.

18                THE SECRETARY:   Calendar Number 

19   168, by Senator Salazar, Senate Print 6391, an 

20   act to repeal Section 206-b of the Labor Law.

21                ACTING PRESIDENT BENJAMIN:   Read 

22   the last section.

23                THE SECRETARY:   Section 2.  This 

24   act shall take effect immediately.  

25                ACTING PRESIDENT BENJAMIN:   Call 


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 1   the roll.

 2                (The Secretary called the roll.)

 3                ACTING PRESIDENT BENJAMIN:    

 4   Announce the results.

 5                THE SECRETARY:   Ayes, 59.

 6                ACTING PRESIDENT BENJAMIN:   The 

 7   bill is passed.

 8                Senator Gianaris, that completes the 

 9   reading of today's calendar.

10                SENATOR GIANARIS:   Is there any 

11   further business at the desk?

12                ACTING PRESIDENT BENJAMIN:   There 

13   is no further business at the desk.

14                SENATOR GIANARIS:   I move to 

15   adjourn until Monday, January 27th, at 3:00 p.m., 

16   intervening days being legislative days.

17                ACTING PRESIDENT BENJAMIN:   On 

18   motion, the Senate stands adjourned until Monday, 

19   January 27, at 3:00 p.m., intervening days being 

20   legislative days.

21                (Whereupon, at 12:00 p.m., the 

22   Senate adjourned.)

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