Regular Session - March 16, 2023

                                                                   1418

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 16, 2023

11                     11:08 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               1419

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

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Senate will come to order.  

 4                 I ask everyone 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 PERSAUD:   In the 

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

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT PERSAUD:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, 

16    Wednesday, March 15, 2023, the Senate met 

17    pursuant to adjournment.  The Journal of Tuesday, 

18    March 14, 2023, was read and approved.  On 

19    motion, the Senate adjourned.

20                 ACTING PRESIDENT PERSAUD:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 Messages from the Governor.

25                 Reports of standing committees.


                                                               1420

 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Good morning, 

 7    Madam President.  

 8                 There is a privileged resolution at 

 9    the desk, Senate Resolution 555, by 

10    Leader Stewart-Cousins.  Please take that up and 

11    read its title only.

12                 ACTING PRESIDENT PERSAUD:   The 

13    Secretary will read.

14                 THE SECRETARY:   Senate Resolution 

15    555, by Senator Stewart-Cousins, RESOLUTION in 

16    response to the 2023-2024 Executive Budget 

17    submission.

18                 SENATOR GIANARIS:   Madam President, 

19    on this debate that's forthcoming 

20    Senator Krueger, as our Finance chair, will be 

21    leading the debate.  On occasional subjects we 

22    may have other members with expertise handle 

23    questions.  But we will begin with 

24    Senator Krueger once the Minority has a question.  

25                 We're ready to begin.


                                                               1421

 1                 ACTING PRESIDENT PERSAUD:   Okay.  

 2    Senator O'Mara.

 3                 SENATOR O'MARA:   Yes, thank you, 

 4    Madam President.  Good morning.

 5                 If Senator Krueger would respond to 

 6    a few questions, if Senator Krueger would yield.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Krueger?  

 9                 SENATOR KRUEGER:   I am happy to 

10    yield to some questions.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Krueger yields.

13                 SENATOR O'MARA:   Thank you, 

14    Senator.  

15                 We have the one-house budget 

16    proposal before us today.  The Governor's 

17    Executive Budget was a total of about 

18    $227 billion in spending, which I think was about 

19    a $5.5 billion increase year to year.  

20                 This one-house budget before us, in 

21    my reading of it, increases the spending by an 

22    additional nine, about $9 billion, for a total 

23    increase from year to year would be 14 -- just 

24    under $14.5 billion of new spending.  Is that 

25    pretty accurate?  


                                                               1422

 1                 SENATOR KRUEGER:   That's very 

 2    close.  My numbers show 8.9 billion, amounting to 

 3    $14.3 billion for the current fiscal year.  So 

 4    close enough for government work, yes.

 5                 SENATOR O'MARA:   What's a half a 

 6    billion here or there.

 7                 (Laughter.)

 8                 SENATOR O'MARA:   Madam President, 

 9    if the Senator would continue to yield.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Krueger, do you yield?  

12                 SENATOR KRUEGER:   I certainly will.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Senator yields.

15                 SENATOR O'MARA:   You have provided 

16    a financial plan overview based on your one-house 

17    budget.  Is that plan -- is that balanced?

18                 SENATOR KRUEGER:   Yes, we believe 

19    it is.

20                 SENATOR O'MARA:   How much does your 

21    financial plan raise taxes to --

22                 ACTING PRESIDENT PERSAUD:   Senator, 

23    do you yield?

24                 SENATOR O'MARA:   Yes, if she'd 

25    continue to yield.


                                                               1423

 1                 SENATOR KRUEGER:   I'm sorry, I 

 2    continue to yield.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    Senator yields.  

 5                 SENATOR O'MARA:   How much does this 

 6    one-house budget proposal raise taxes to make up 

 7    for that additional $14.5 billion of spending?  

 8                 SENATOR KRUEGER:   So there's about 

 9    1.1 billion that was an increase from the revenue 

10    agreement.  So it's not necessarily a tax 

11    increase, it was just a projection of additional 

12    revenue that we already have built into above the 

13    Governor's budget.  And then there's 

14    approximately 800 million in taxes on the highest 

15    categories of -- I think over 5 million?  Two new 

16    categories for personal income tax for people 

17    with $5 million in income and above.

18                 SENATOR O'MARA:   Through you, 

19    Madam President, if the Senator will continue to 

20    yield.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Krueger, do you yield?  

23                 SENATOR KRUEGER:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               1424

 1                 SENATOR O'MARA:   Well, my 

 2    understanding was, on the revenue consensus that 

 3    we had with the Governor and the Assembly, that 

 4    it was agreed upon there would be about 

 5    $800 million more than what the Governor had put 

 6    in her budget available to spend.

 7                 SENATOR KRUEGER:   So post-Revenue 

 8    Consensus Day the Governor actually discovered 

 9    that she had additional revenue of approximately 

10    389 million more.  I'm not sure if it's 389 or 

11    300-something else.  So that was thrown in on top 

12    of it.

13                 SENATOR O'MARA:   On top of the 800?

14                 SENATOR KRUEGER:   On the revenue 

15    number that we had all agreed upon, yes.

16                 SENATOR O'MARA:   Okay.  So then -- 

17    through you, Madam President, if the Senator will 

18    continue to yield.

19                 ACTING PRESIDENT PERSAUD:   Senator, 

20    do you yield?  

21                 SENATOR KRUEGER:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    Senator yields.

24                 SENATOR O'MARA:   Can you explain to 

25    us, then, if there's general agreement there's an 


                                                               1425

 1    extra 1.1 billion to spend, how is it we're 

 2    proposing a budget that has 8.9 billion of new 

 3    spending?

 4                 SENATOR KRUEGER:   The Senate 

 5    believed that we have that much additional need 

 6    in various critical programs.  So we have 

 7    projected a new model of budget, as is our 

 8    responsibility in each house, that does involve 

 9    spending more money but not necessarily raising 

10    new taxes and spending it in different ways than 

11    the Governor proposed spending.

12                 So we've both changed what we're 

13    going to spend and how we're going to spend it.

14                 SENATOR O'MARA:   Through you, 

15    Madam President, if the Senator will continue to 

16    yield.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Krueger, do you yield?  

19                 SENATOR KRUEGER:   Yes, I will.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR O'MARA:   It sounds like 

23    pretty wishful thinking to me.  But how do those 

24    numbers add up?  If there's 1.1 billion in extra 

25    money laying around, and we're spending 


                                                               1426

 1    8.9 billion, where's the other seven -- nearly 

 2    $7 billion?  Can you explain where that's coming 

 3    from?

 4                 SENATOR KRUEGER:   So we do make a 

 5    number of changes in how she's spending money.  

 6    So we are actually reducing the additional money 

 7    going into the Rainy Day Reserve.  We are drawing 

 8    down extraordinary monetary settlements.  We are 

 9    also drawing down on the Economic Uncertainties 

10    Reserve, which is a separate reserve than the 

11    Rainy Day Fund.  We are changing the timing of 

12    paying back some of the advances that she was 

13    going to prepay on money that we have borrowed.  

14    We are using a number of other reserved fund 

15    balances that exist across the board in the 

16    State Budget.

17                 SENATOR O'MARA:   Through you, 

18    Madam President, if the Senator will continue to 

19    yield.

20                 ACTING PRESIDENT PERSAUD:   Senator, 

21    do you yield.

22                 SENATOR KRUEGER:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR O'MARA:   You mentioned 


                                                               1427

 1    briefly paying down some borrowed funds.  Does 

 2    that include the unemployment reserve funds that 

 3    were borrowed from the federal government that 

 4    businesses are paying a surcharge on right now 

 5    because of that balance?

 6                 SENATOR KRUEGER:   No, we are not 

 7    paying down the unemployment fund money that is 

 8    owed to the federal government.  But in our 

 9    resolution we do propose language of ways that we 

10    could assist in paying the interest owed on the 

11    unemployment fund borrowed money that would 

12    decrease the cost to the businesses.

13                 SENATOR O'MARA:   Through you, 

14    Madam President, if the Senator will continue to 

15    yield.

16                 ACTING PRESIDENT PERSAUD:   Senator, 

17    do you yield?  

18                 SENATOR KRUEGER:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR O'MARA:   Now, you're still 

22    holding out hope, I guess, that the federal 

23    government's going to figure that roughly 

24    $8 billion amount that we owe them and you're 

25    only really planning to pay the interest on that 


                                                               1428

 1    in the interim?  

 2                 And why should the federal 

 3    government absolve the state of that debt when 

 4    most other states in the country used their COVID 

 5    relief funds to pay that off?

 6                 SENATOR KRUEGER:   I actually don't 

 7    know what most states in the country did.  I 

 8    think there were a variety of different models 

 9    used by different states.  

10                 And I don't actually believe we 

11    think we have $8 billion in surplus COVID relief 

12    funds to redirect for this purpose.  No, in fact 

13    they're agreeing with me we don't.

14                 SENATOR O'MARA:   Through you, 

15    Madam President, if the Senator will yield.

16                 ACTING PRESIDENT PERSAUD:   Senator, 

17    do you yield?  

18                 SENATOR KRUEGER:   I certainly do.

19                 ACTING PRESIDENT PERSAUD:   The 

20    Senator yields.

21                 SENATOR O'MARA:   If you don't agree 

22    that the amount owed is 8 billion, what is your 

23    thought on what that debt is?

24                 SENATOR KRUEGER:   What is my 

25    thought on what the debt is?  I mean --  


                                                               1429

 1                 SENATOR O'MARA:   If it's not 

 2    8 billion.  If it's not 8 billion, we owe --

 3                 SENATOR KRUEGER:   No, I agree that 

 4    there's 8 billion in debt.  I'm just saying --

 5                 SENATOR O'MARA:   Oh, I thought you 

 6    said you didn't agree with that.  Okay.  

 7                 SENATOR KRUEGER:   No, I was saying 

 8    we don't believe there's 8 billion in surplus 

 9    COVID funds that could be used to pay that debt.

10                 SENATOR O'MARA:   Through you, 

11    Madam President, if the sponsor would continue to 

12    yield.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Krueger, do you yield?  

15                 SENATOR KRUEGER:   Yes, I do.

16                 ACTING PRESIDENT PERSAUD:   The 

17    Senator yields.

18                 SENATOR O'MARA:   Of the -- between 

19    the Executive proposal and the Senate's one-house 

20    proposal increasing spending by about 

21    $14.5 billion, how much of that spending is 

22    recurring spending that's going to be built in 

23    going forward from year to year?

24                 SENATOR KRUEGER:   Give us a minute.

25                 (Pause.)


                                                               1430

 1                 SENATOR KRUEGER:   We know 2 billion 

 2    is money that we have on a recurring basis.  We 

 3    think there is more than that, but we don't have 

 4    the answer right now.  But staff is going to work 

 5    on it as you and I continue this dialogue and try 

 6    to get me a better answer for you.

 7                 SENATOR O'MARA:   Okay.  Through 

 8    you, Madam President, if the Senator will 

 9    continue to yield.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Krueger, do you yield?  

12                 SENATOR KRUEGER:   Certainly.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Senator yields.

15                 SENATOR O'MARA:   I guess when 

16    they're looking at that, if they could look at 

17    what of this $14.5 billion is not going to be 

18    recurring and what that's going to.  Since we 

19    appear to be using, to balance this budget, a lot 

20    of money that are in reserves, in a variety of 

21    reserve funds.  So those are really one-shots, so 

22    that source is not going to be recurring because 

23    we're going to deplete it in spending it here 

24    this year.

25                 So if they could tell us how much of 


                                                               1431

 1    this increase in this budget is not going to be 

 2    recurring and what it's being spent on.

 3                 SENATOR KRUEGER:   Two separate 

 4    questions, I get that.  

 5                 So the truth is when we took a look, 

 6    when you add up the different reserve funds that 

 7    the state has -- and we strongly believe that 

 8    there should be a healthy reserve Rainy Day Fund 

 9    for the state.  And in fact in history it did 

10    fall too low.  And we actually think that when we 

11    add it all up, that the Governor over-projected 

12    how much we do need to have in reserves, which is 

13    why we're going to intend to use some of them 

14    this year.  

15                 But my colleague is absolutely 

16    right; that's a model that you cannot necessarily 

17    recur spending on, depending on any given year 

18    and how much money that actually has come into 

19    reserves versus hasn't.  We've all been quite 

20    surprised by how strong the tax revenues 

21    continued to come in during the last several 

22    years, and that it actually has meant the state 

23    increased its projections on revenues multiple 

24    times and has not decreased them.

25                 Hence various funds in the state 


                                                               1432

 1    have grown larger than anticipated, including 

 2    what's called the STIP Fund, which I believe is 

 3    now $50 billion in cash that we hold as a state 

 4    to make good on our appropriated commitments.  

 5    And it's larger than it's ever been before.  

 6                 So we certainly don't want to put 

 7    any commitments of the state at risk or make sure 

 8    that we have the cash management that we need if 

 9    things change, as they may do.  But to be honest, 

10    we've found that there is significant amounts of 

11    money in the various reserve funds by the state 

12    that it's not obvious there's a reason to have 

13    such large amounts there when we have so many 

14    priorities by the people of New York for things 

15    the state needs to do for them.

16                 SENATOR O'MARA:   Thank you, 

17    Madam President.

18                 If the Senator will continue to 

19    yield.

20                 ACTING PRESIDENT PERSAUD:   Senator, 

21    do you yield?  

22                 SENATOR KRUEGER:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    Senator yields.

25                 SENATOR O'MARA:   A -- I would say a 


                                                               1433

 1    vast majority of economists opining out there on 

 2    the condition of our economy is a significant 

 3    expectation of a recession that we're likely 

 4    heading into.  Why would it not be wise for us to 

 5    hold as much in reserve as possible given what 

 6    may come as a recession and severely impact our 

 7    revenues being collected?

 8                 SENATOR KRUEGER:   So we are 

 9    confident that the amount of monies that would 

10    still be available for reserves and rainy day 

11    funds and STIP would all still be adequate to 

12    deal with a downturn in the economy based on what 

13    has happened to us in other recessions.  

14                 Weirdly, and I think probably those 

15    of us on both sides of the aisle recognize that 

16    economists have had extremely mixed opinions 

17    about what a recession looks like in this 

18    21st-century world where they talk about soft 

19    landings, they talk about hard landings, they 

20    talk about recession without people losing their 

21    jobs, they talk about recessions where people's 

22    jobs continue but wages are out of whack with 

23    reality and inflation.  

24                 So I do -- I want to say I agree 

25    that we're walking into a new model of how we 


                                                               1434

 1    evaluate economies -- nationally, 

 2    internationally, and at the state level.  But I'm 

 3    also quite sure that we do not intend to draw 

 4    down so much in funding that we would not have 

 5    what we need available with shifting economic 

 6    realities.

 7                 SENATOR O'MARA:   Through you, 

 8    Madam President, if the Senator will continue to 

 9    yield.

10                 ACTING PRESIDENT PERSAUD:   Senator, 

11    do you yield?  

12                 SENATOR KRUEGER:   Of course.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Senator yields.

15                 SENATOR O'MARA:   Certainly my 

16    perspective, and I think those on my side of the 

17    aisle here, being generally more conservative 

18    fiscally, is that it would be wiser and safer, 

19    given these uncertain times, that we protect 

20    those reserves rather than increasing spending at 

21    the percentage we're talking about.  

22                 And what is the percentage increase 

23    we're talking about with this $14.5 billion 

24    increase?

25                 SENATOR KRUEGER:   I looked at the 


                                                               1435

 1    percentage.  A 6.5 increase in All Funds.  

 2                 And in response to the opening of 

 3    that question, I will point out that the research 

 4    shows that governments who actually invest in 

 5    spending during economic downturns actually do 

 6    better in turning things around for themselves as 

 7    they come out of the bad times.

 8                 So we can have different views about 

 9    what the role of the government is in economic 

10    downturns.  But I think that my conference would 

11    probably side with the you invest more in your 

12    people when there are economic bad times, and you 

13    end up coming out stronger at the end.

14                 SENATOR O'MARA:   Through you, 

15    Madam President, if the Senator will continue to 

16    yield.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Krueger, do you yield?

19                 SENATOR KRUEGER:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    Senator yields.

22                 SENATOR O'MARA:   A 6.5 percent 

23    increase in spending in this year's budget.  And 

24    according to my notes, the two-year outlook -- 

25    which is as far as the financial plan that the 


                                                               1436

 1    Majority's put together goes, is one more year -- 

 2    that it's over a 13 percent increase over that 

 3    two-year period?

 4                 SENATOR KRUEGER:   We're going to 

 5    double-check and get back to you on that also.

 6                 SENATOR O'MARA:   Through you, 

 7    Madam President, if the Senator will continue to 

 8    yield.

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Krueger, do you yield?  

11                 SENATOR KRUEGER:   Yes, I do.

12                 ACTING PRESIDENT PERSAUD:   The 

13    Senator yields.

14                 SENATOR O'MARA:   My notes also 

15    indicate that with this spending increase in this 

16    year's budget that, in the budgets in the State 

17    of New York since 2019, there will be about a 

18    40 percent increase in spending in just those 

19    four years.  How can we justify that rate of 

20    spending?  I don't think our economy is growing 

21    at that rate.  

22                 SENATOR KRUEGER:   So because we had 

23    so much additional federal funding during the 

24    COVID years, that was a sort of a very large but 

25    known and to some degree artificial bump in 


                                                               1437

 1    spending.  So we are now at the end of the COVID 

 2    money, so that actually is technically being 

 3    subtracted out of what we have.  

 4                 But I will point out that our 

 5    revenues have been growing faster than our 

 6    projections in spending those years, so 

 7    apparently so far it's been okay.

 8                 SENATOR O'MARA:   Through you, 

 9    Madam President, if the Senator will continue to 

10    yield.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Krueger, do you yield?  

13                 SENATOR KRUEGER:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR O'MARA:   I guess I need a 

17    little further explanation of -- at least my 

18    understanding, the extra spending due to COVID, a 

19    lot of that -- most of that was federal funds 

20    that came in that we spent for COVID.  And those 

21    are not going to be recurring receipts or 

22    revenues that we're going to get from the federal 

23    government.  

24                 Yet all our overall spending isn't 

25    going down by that amount.  The spending in this 


                                                               1438

 1    plan continues to grow.  How do we make up for 

 2    that loss of federal relief that's not going to 

 3    be coming to sustain this spending?

 4                 SENATOR KRUEGER:   So just to 

 5    clarify, your question was about a 40 percent 

 6    bump, and I was pointing out that that was to 

 7    some degree an artificial jump covered by federal 

 8    funds, saying the federal funds aren't 

 9    continuing.  So when you look at actual state 

10    spending, it's not going up at the 40 percent 

11    level.  

12                 So that was -- question one was how 

13    could we go up that much, and the answer was 

14    there were federal funds.  We took them, we used 

15    them.  They aren't going to be here anymore, 

16    there's just some of it left, I think having to 

17    be spent by the end of the next fiscal year.  

18                 So when you're asking questions 

19    about how our budget is growing based on state 

20    funds, it's the numbers you and I were talking 

21    about up till now, and my point that our revenues 

22    actually have been keeping up with that spending 

23    and actually have been higher than projected 

24    during that time.

25                 SENATOR O'MARA:   Thank you.  


                                                               1439

 1                 Madam President, if the Senator will 

 2    continue to yield.

 3                 ACTING PRESIDENT PERSAUD:   Senator, 

 4    do you yield?  

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    Senator yields.

 8                 SENATOR O'MARA:   So are you telling 

 9    us, then, that when these COVID funds are finally 

10    used up at the end of next year then our overall 

11    spending in the state is going to drop back down 

12    by that 40 percent?  Or how much is it going to 

13    drop back down, of that 40 percent increase over 

14    the past four years?  

15                 SENATOR KRUEGER:   So we do 

16    projected budgets for the outyears that are never 

17    right.  But if you take a look at the Governor's 

18    proposed changes for the outyears, there is an 

19    expectation of some lowering in revenue.  And 

20    that is actually why she has been building in 

21    reserve funds.  And we're not opposed to her 

22    building up reserve funds, as I said before.  

23                 But to actually ask what won't we 

24    spend or what we won't continue a year from now, 

25    I'm just not sure that I'm in a position to 


                                                               1440

 1    answer that.  I'm not sure that DOB would be in a 

 2    position to answer that.

 3                 SENATOR O'MARA:   Madam President, 

 4    if the sponsor will continue to yield.  

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Krueger, do you yield?

 7                 SENATOR KRUEGER:   Yes, I do.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Senator yields.

10                 SENATOR O'MARA:   Senator Krueger, 

11    the financial plan that's been presented to us 

12    only goes out one more year beyond this year's 

13    proposed budget.  

14                 What in that one year -- and what's 

15    not in the plan, if you know or your staff 

16    knows -- what is the projected surplus or 

17    deficits we're going to be looking at to sustain 

18    this spending plan that's being proposed?

19                 SENATOR KRUEGER:   For a year out, 

20    is that what you're asking?  

21                 SENATOR O'MARA:   A year out and 

22    beyond, if you know.

23                 SENATOR KRUEGER:   Right.  Again, I 

24    think I just answered that question.  Going out 

25    beyond one year is almost an impossible 


                                                               1441

 1    assignment to do in government because we all 

 2    operated on a one-year base.  

 3                 What we do know is that based on our 

 4    one-house projections, we will still have reserve 

 5    funds of almost $28 billion with our proposal, 

 6    walking into the following year.  

 7                 We believe, based on what the 

 8    Governor projected -- (conferring). 

 9                 So the Governor -- sorry, I'm going 

10    to just read her book for a second.  So the 

11    Governor's financial plan overview has us with a 

12    $5 billion deficit starting in '25, growing to an 

13    $8.5 billion deficit in '28 -- '26, excuse me.  

14    And down to a $7 billion deficit in '27.

15                 Nobody likes to look at deficit 

16    numbers.  You and I both don't.  But I think 

17    we've both been here long enough to know that we 

18    have lived through multiple stories where the 

19    outyears show deficits.  We come together, we 

20    negotiate a budget for that year, and we make 

21    sure it balances.  So I'm quite confident that we 

22    would do the same for next year and the year 

23    after and the year after.  

24                 The years when you have deficits are 

25    less fun than the years that you don't.  We all 


                                                               1442

 1    know that.  But we, the State of New York, 

 2    actually have figured out how to do this, year 

 3    in, year out, regardless of who's in the 

 4    executive chamber.  

 5                 And again, right now, we're still in 

 6    a moment in history where our revenues are coming 

 7    in stronger than projected by the Governor.

 8                 SENATOR O'MARA:   Through you, 

 9    Madam President, if the Senator will continue to 

10    yield.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Krueger, do you yield?  

13                 SENATOR KRUEGER:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Senator yields.

16                 SENATOR O'MARA:   Thank you, 

17    Senator Krueger.

18                 That deficit number that you 

19    mentioned from the book here, the source of that 

20    was your calculations or the Division of the 

21    Budget's? 

22                 SENATOR KRUEGER:   No, the 

23    Governor's Executive Budget.

24                 SENATOR O'MARA:   The Governor's 

25    Executive Budget, you say?


                                                               1443

 1                 SENATOR KRUEGER:   I was reading her 

 2    numbers.  Yes, sir.

 3                 SENATOR O'MARA:   Okay.  Now, the --

 4                 SENATOR KRUEGER:   Her 30-day 

 5    amended version, excuse me.

 6                 SENATOR O'MARA:   Okay.  But we 

 7    don't have those numbers based on this one-house 

 8    proposal.

 9                 SENATOR KRUEGER:   No.  We don't go 

10    out that far.  We don't have the same size staff 

11    they do.

12                 SENATOR O'MARA:   The -- through 

13    you, Madam President, if the Senator will 

14    continue to yield.

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Krueger, do you yield?  

17                 SENATOR KRUEGER:   I do.

18                 ACTING PRESIDENT PERSAUD:   The 

19    Senator yields.

20                 SENATOR O'MARA:   Since the Majority 

21    has only provided a one-year advance lookout, my 

22    understanding is the Division of Budget will be 

23    scoring, so to speak, this one-house at some 

24    point.  But they haven't done that yet, so we 

25    don't know what their take is on structural 


                                                               1444

 1    deficits or surpluses in outyears.

 2                 SENATOR KRUEGER:   Correct.  And I 

 3    think that's an important point, that this is a 

 4    one-house proposal.  The Assembly is doing their 

 5    one-house proposal.  Both of those bills are the 

 6    goals, wishes and dreams of our conference.

 7                 Do we think the final Executive 

 8    Budget is going to be exactly what we're passing 

 9    today?  No, we don't.  It gives us an opportunity 

10    to have looked hard at so many issues that the 

11    people of New York are telling us are their 

12    priorities, to be creative and innovative about 

13    ways we could help pay for those things, to put 

14    it on the table, with the Assembly and the 

15    Governor, and negotiate an ultimate Executive 

16    Budget.  Which of course constitutionally will 

17    need to be balanced, and hopefully done on or 

18    close to April 1st.  

19                 I am personally very confident that 

20    we can negotiate that successfully, but I have no 

21    illusions that everything we have put in this 

22    document today is what is going to be the final 

23    budget.

24                 SENATOR O'MARA:   Thank you, 

25    Senator.


                                                               1445

 1                 Madam President, if the Senator will 

 2    continue to yield.

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Krueger, do you yield?  

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    Senator yields.

 8                 SENATOR O'MARA:   There -- as you 

 9    mentioned, there's a tax increase to the highest 

10    earners in New York of roughly about a 5 percent 

11    increase, a little bit under, to those brackets.  

12    Given the economic uncertainties, high potential 

13    for a recession, significant concern right now 

14    over bank failures that we've seen in the last 

15    week and where that might end up, is -- and the 

16    strength of and the reliance upon the financial 

17    industry that we have on our budgets here in 

18    New York, are there concerns of taxing these 

19    highest earners, a lot of those in our financial 

20    industry in Manhattan, and of running them out of 

21    the state?

22                 SENATOR KRUEGER:   We did a PIT 

23    increase on the wealthiest New Yorkers during the 

24    COVID crisis.  Now revenues are coming in 

25    stronger than ever.  


                                                               1446

 1                 Many of the New Yorkers who 

 2    technically fall into these brackets actually 

 3    don't necessarily live here.  They live some of 

 4    the time here, but they earn their money here, so 

 5    they owe their taxes here.  

 6                 So objectively, we don't know if the 

 7    people who make over 5 million a year are in 

 8    finance or are not.  They probably are investing 

 9    in financial instruments.  And if they had such a 

10    bad year that they lost their money, they would 

11    not owe this, because they would not then be 

12    earning $5 million to $25 million a year.

13                 So I don't actually get particularly 

14    concerned about these people geographically 

15    leaving, because they have multiple houses all 

16    over the world, that they move around from place 

17    to place.  The marginal tax rates on that 

18    category of population does not necessarily 

19    appear to drive anybody's decisions about where 

20    they are living or where they are working.  

21                 And again, if things get bad enough 

22    and nobody's making over 5 million a year, we 

23    won't draw in that tax revenue and that would be 

24    a tough issue for us.  But I find it very 

25    unlikely, based on the research on who wins and 


                                                               1447

 1    who loses, even when you go through recessions or 

 2    even when you have banks closing, that this 

 3    universe of people are not the people losing 

 4    their money.  

 5                 In fact, disturbingly, some of the 

 6    research shows that these folks have been 

 7    comparing notes and making sure to get their 

 8    money out before anything happens, so they 

 9    actually do even better when the rest of us are 

10    facing threats or losses in the markets or our 

11    jobs.

12                 So no, this is a relatively small 

13    universe of people who are incredibly savvy about 

14    the economy, how they make their money, how they 

15    pay their taxes.  And I do not believe for a 

16    minute that this small increase in their personal 

17    income taxes for this very small universe of 

18    extremely wealthy people will impact their 

19    business modeling or where they pay their taxes.

20                 SENATOR O'MARA:   Through you, 

21    Madam President, if the Senator will continue to 

22    yield.

23                 ACTING PRESIDENT PERSAUD:   Senator  

24    Krueger, do you yield?  

25                 SENATOR KRUEGER:   Yes.


                                                               1448

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    Senator yields.

 3                 SENATOR O'MARA:   You know, I 

 4    don't -- I certainly don't share your lack of 

 5    concern over the potential of losing those high 

 6    earners and basically the cash cow that funds all 

 7    of the programs that everybody here wants to 

 8    fund.  Particularly with a significant increase 

 9    in just the last couple of years of major 

10    financial institutions opening up significant 

11    offices in other, lower-cost states.  That's a 

12    trend that seems to be continuing.

13                 Is there anything in this budget to 

14    encourage the financial industry to remain here 

15    in New York and not flee to lower-cost states?

16                 SENATOR KRUEGER:   Yes.  Thanks for 

17    the question.

18                 The research about why businesses 

19    locate places shows us that it's all about 

20    infrastructure:  Will we, the State of New York, 

21    have the infrastructure to support the businesses 

22    they run or wish to start?  Will we have reliable 

23    energy, clean water, mass transit, roads and 

24    bridges, educated workforce to work for these 

25    companies?  


                                                               1449

 1                 And I think, proudly, that the 

 2    proposed budget we have put before us today 

 3    focuses exactly on those issues which are going 

 4    to make the difference as to whether New York 

 5    continues to thrive as a state or fail as a 

 6    state.  It matters upstate, it matters downstate.  

 7                 The research is international that 

 8    the opportunities to make New York the state 

 9    people want to bring their businesses to, run 

10    their businesses in, are far, far more impacted 

11    by the list of items I just gave you than a 

12    marginal tax rate on a business.  Or on an 

13    extremely wealthy person perhaps owning multiple 

14    businesses.

15                 SENATOR O'MARA:   Thank you, 

16    Senator.

17                 Madam President, if the Senator will 

18    continue to yield.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Krueger, do you yield?  

21                 SENATOR KRUEGER:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    Senator yields.

24                 SENATOR O'MARA:   What do we have in 

25    this one-house proposal for incentives for 


                                                               1450

 1    businesses to come here to New York from other 

 2    states or to grow here, the ones that are 

 3    sticking it out here in New York?  What are we 

 4    doing to encourage that kind of growth in this 

 5    budget?

 6                 SENATOR KRUEGER:   Thank you.

 7                 I think it's the same list I just 

 8    gave.  We are investing in our mass transit 

 9    system, we're investing in our roads and bridges, 

10    we're investing in our clean water and our clean 

11    air and an environmental set of energy policies 

12    going forward that will assure us that we can 

13    have a modern green economy supported by the 

14    kinds of utilities that don't destroy the planet 

15    in the process.  

16                 We are working very hard to improve 

17    our K through 12 system and our university system 

18    throughout the state and make sure that it is 

19    more coordinated with what the needs of the 

20    workforce are.

21                 There is a reason that the 

22    lowest-taxed states in the country with the 

23    lowest educational attainment and the least 

24    infrastructure are the states that are not doing 

25    well, even in a good economy.  And states like 


                                                               1451

 1    ours, even though we have hit some problems -- 

 2    and I don't deny that we have problems -- but 

 3    states like ours, in good times and bad times, 

 4    are still ahead of the game from the rest of the 

 5    country.

 6                 So the model that invests in our 

 7    future, invests in our infrastructure, is what 

 8    makes businesses want to come here and stay here.

 9                 SENATOR O'MARA:   Thank you, 

10    Senator.

11                 Madam President, if the Senator will 

12    continue to yield.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Krueger, do you -- do you yield?  

15                 SENATOR KRUEGER:   I'm sorry.  Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    Senator yields.

18                 SENATOR O'MARA:   Thank you.

19                 On the -- on the two personal income 

20    tax increases at the highest levels, what is that 

21    rate going to be, the combined rate of those 

22    brackets, for those individuals -- and they're -- 

23    they're wealthy individuals making over 5 million 

24    and those making over 25 million.  I might have 

25    one or two of those in my entire district.  I'm 


                                                               1452

 1    not even sure that I have one or two, but it's a 

 2    couple, so ... 

 3                 What is the total tax combined, 

 4    federal income tax, these state income taxes, on 

 5    those individuals?  How much of their income will 

 6    their total tax be?  For somebody living in 

 7    New York City.

 8                 (Pause.)

 9                 SENATOR KRUEGER:   While they're 

10    giving me the numbers, I'll tell you that it's a 

11    trick question.  Because we know that at the 

12    highest income brackets, because of so many 

13    exemptions that can be taken, that basically 

14    nobody at the highest tax brackets for federal 

15    taxes is actually paying the full percentage.  

16                 And in fact research continues to 

17    show that the billionaires of America -- and I 

18    believe we are talking about billionaires pretty 

19    much in these storylines, millionaires -- 

20    multimillionaires and billionaires -- that the 

21    amount of taxes in total that they are paying are 

22    often lower than what their secretaries are 

23    paying, as a percentage.  

24                 So simply looking at a tax chart 

25    doesn't get you the truth.


                                                               1453

 1                 SENATOR O'MARA:   Can you tell me 

 2    what that number is?  My calculation is it's 

 3    about 52 percent.

 4                 SENATOR KRUEGER:   If you were 

 5    paying full maximum load.  But again, the 

 6    research shows that almost nobody is paying that.  

 7                 And with all due respect to people 

 8    who earn 5 million and more, they have very good 

 9    accountants who figure out how to maximize tax 

10    exemptions and expenditures.  There was just a 

11    whole series of articles that came out today on a 

12    website called Politico documenting how little 

13    the highest wealthy people in this country are 

14    actually paying in real taxes for us.

15                 SENATOR O'MARA:   Through you, 

16    Madam President, if the Senator will continue to 

17    yield.

18                 ACTING PRESIDENT PERSAUD:   Senator  

19    Krueger, do you yield?  

20                 SENATOR KRUEGER:   Yes.

21                 ACTING PRESIDENT PERSAUD:   The 

22    Senator yields.

23                 SENATOR KRUEGER:   And I was just 

24    reminded, this is just PIT.  It has nothing to do 

25    with capital gains, which is also how the 


                                                               1454

 1    wealthiest Americans take most of their revenue, 

 2    not through a PIT or a wage check.

 3                 SENATOR O'MARA:   I agree with you 

 4    that there's a lot of loopholes.  And there's a 

 5    lot of things that accountants can do to hide 

 6    income and the basis on what that tax is being 

 7    paid on.

 8                 So why do we focus on increasing the 

 9    tax rates, given that that's the case?  And why 

10    aren't we focusing on changing the loopholes in 

11    the taxes so that those individuals are actually 

12    paying the tax on the income they have rather 

13    than us just raising a 5 percent increase on 

14    something that, as you acknowledge, they're not 

15    going to be paying fully anyways?  What are we 

16    doing in this budget to close those loopholes?

17                 SENATOR KRUEGER:   So I actually 

18    agree with you that we should be doing more on 

19    that, and I would -- 

20                 SENATOR O'MARA:   It's the heavier 

21    lift.

22                 SENATOR KRUEGER:   It is the heavier 

23    lift, because you --

24                 SENATOR O'MARA:   It's the more 

25    complicated part of it.


                                                               1455

 1                 SENATOR KRUEGER:   Well, you have to 

 2    deal with coupling versus decoupling from the 

 3    federal.  You have to deal with the questions 

 4    about what are they paying for taxes or avoiding 

 5    through state by state jumping.  It's -- you 

 6    know, I talk about the range wars between states 

 7    that we all keep going down this path where we're 

 8    providing all the programs and services and yet 

 9    everybody's figured out how to not pay us for 

10    them, which is a real problem.

11                 We do in this budget specifically 

12    decouple from the federal Opportunity Zone 

13    program, which should save us significant money 

14    starting not this year, but next year -- a couple 

15    hundred million?  

16                 We are hopefully going to pass the 

17    False Claims Act that this house has passed twice 

18    and been vetoed by the Governor that would allow 

19    us to actually hold companies who fail to pay 

20    their New York State taxes more accountable and 

21    go after them and get the money.  

22                 I can give you one example of one 

23    company that ended up having to pay us 

24    $300 million because we had addressed some of the 

25    false claim problems in our Tax Law, but we need 


                                                               1456

 1    to fix this loophole which is allowing -- we 

 2    don't even know how many companies and well-to-do 

 3    people from completely avoiding tax liability in 

 4    New York State because there's no penalty for not 

 5    filing at all.  There's a penalty if you 

 6    knowingly file falsely, but there's no penalty at 

 7    all if you don't file at all.

 8                 So those are two major things that 

 9    we are trying to fix in this document.  But I 

10    would love, Tom, to work with you -- excuse me, 

11    Senator, I would love to work with you in the 

12    future on how to address other changes in state 

13    laws that would assure us our fair share of 

14    revenue made in New York State.  Because I do 

15    think that all of this is due a giant overhaul.

16                 SENATOR O'MARA:   Thank you.

17                 If the Senator will continue to 

18    yield.

19                 ACTING PRESIDENT PERSAUD:   Senator, 

20    do you yield?  

21                 SENATOR KRUEGER:   Yes, I do.

22                 ACTING PRESIDENT PERSAUD:   The 

23    Senator yields.

24                 SENATOR O'MARA:   In addition to 

25    those personal income tax increases we talked 


                                                               1457

 1    about, I have we're adding a 50-cent surcharge on 

 2    ridesharing, or Ubers and Lyfts?  

 3                 SENATOR KRUEGER:   It's a 50-cent 

 4    surcharge for trips that originate in New York 

 5    City.  And the money would go to help with the 

 6    MTA fiscal hole.

 7                 SENATOR O'MARA:   Thank you.  

 8                 Madam President, if the Senator will 

 9    continue to yield.

10                 ACTING PRESIDENT PERSAUD:   Senator, 

11    do you yield?

12                 SENATOR KRUEGER:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Senator yields.

15                 SENATOR O'MARA:   Senator, is that 

16    going to be in addition to whatever congestion 

17    pricing fee -- if ever -- comes out?  

18                 SENATOR KRUEGER:   Yes.

19                 SENATOR O'MARA:   Through you, 

20    Madam President, if the Senator will continue to 

21    yield.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Krueger, do you yield?  

24                 SENATOR KRUEGER:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               1458

 1    Senator yields.  

 2                 SENATOR O'MARA:   Where do we stand 

 3    in the process of that congestion fee today?  And 

 4    what's it likely to look like, do you think, when 

 5    it's finally resolved?  If ever.

 6                 SENATOR KRUEGER:   You know, I have 

 7    no crystal ball.  I believe that in the steps we 

 8    are waiting for the federal government to 

 9    reevaluate the environmental impact analysis that 

10    was done and sign off on our being able to 

11    continue.  

12                 Then when they sign off, then there 

13    is a commission that has been created by law 

14    already that would establish the I guess fences, 

15    guardrails, and amounts within congestion 

16    pricing.  

17                 I don't know when they will get down 

18    to doing their job because I don't think any of 

19    us know when the federal government will sign 

20    off.  It's a little frustrating because I can 

21    assure you the MTA needs the money.

22                 SENATOR O'MARA:   They do, and I 

23    would agree.  

24                 And through you, Madam President, if 

25    the Senator will continue to yield.


                                                               1459

 1                 ACTING PRESIDENT PERSAUD:   Senator  

 2    Krueger, do you yield?  

 3                 SENATOR KRUEGER:   Yes, I will.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    Senator yields.

 6                 SENATOR O'MARA:   It is frustrating.  

 7                 And just from my perspective, the 

 8    fact that it's held up with an environmental 

 9    review, I don't see how this action could in any 

10    way, shape or form result in an adverse impact to 

11    the environment.  Because it's intended to limit 

12    automobiles, and therefore their emissions, so I 

13    just don't understand how the -- just a comment, 

14    I guess, here.

15                 SENATOR KRUEGER:   I appreciate it.  

16    And give me the rest of your platform; I might 

17    support you for a federal post.  

18                 (Laughter.)

19                 SENATOR O'MARA:   Thank you.  

20                 Madam President, if the Senator will 

21    continue to yield.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Krueger, do you yield?  

24                 SENATOR O'MARA:   Yes, I do.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               1460

 1    Senator yields.

 2                 SENATOR O'MARA:   This one-house 

 3    proposal has eliminated the increase in the 

 4    payroll tax to the MTA region.  But it turns 

 5    around and increases the corporate franchise tax 

 6    surcharge on corporations within the MTA from a 

 7    30 percent charge to a 45 percent charge.  So a 

 8    50 percent increase on those businesses.

 9                 Does the amount to be generated from 

10    that new tax or increased tax, is that going to 

11    offset what you've given back on not having the 

12    payroll tax increase?

13                 SENATOR KRUEGER:   We think it's 

14    approximately the same amount of money for the 

15    MTA in new revenue, but -- and we think that it's 

16    approximately the same universe of companies who 

17    are likely to pay either/or.  

18                 But it was the decision of our 

19    conference that not expanding the PMT and rather 

20    going to a more understandable and equitable 

21    model of progressive corporate franchise tax 

22    would get us the money from the businesses in the 

23    MTA region in a way that people were more 

24    comfortable with.  

25                 So, you know, it's to some degree -- 


                                                               1461

 1    there's one model of business tax, there's 

 2    another model of business tax, and we think this 

 3    one might work better.

 4                 SENATOR O'MARA:   Through you, 

 5    Madam President, if the Senator will continue to 

 6    yield.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Krueger, do you yield?

 9                 SENATOR KRUEGER:   Yes.

10                 ACTING PRESIDENT PERSAUD:   The 

11    Senator yields.  

12                 SENATOR O'MARA:   Well, it just 

13    appears very blatantly to be just a matter of 

14    semantics that maybe citizens will be more 

15    offended by something called a payroll tax and 

16    feel that that affects them more directly, as 

17    opposed to something that's just a corporate 

18    franchise tax and that big bad corporation is 

19    paying it.

20                 But it's impacting those businesses 

21    equally.  Whether it's called a payroll tax or 

22    franchise tax, it's going to have the same 

23    negative expense to that business who provides 

24    jobs to people in the MTA region.

25                 SENATOR KRUEGER:   I wish I had the 


                                                               1462

 1    detailed analysis, but there's at least a belief 

 2    that the PMT impacts businesses based on the 

 3    number of people on their payroll.  And we didn't 

 4    want to do something that would discourage 

 5    businesses from hiring and growing their payroll.

 6                 While if you do it on the corporate 

 7    franchise tax, it by definition, as a more 

 8    progressive model of taxation, impacts you the 

 9    more money you make, not the number of people you 

10    have.  So we actually thought it was a more 

11    progressive model that had less of a possibility 

12    of impacting smaller businesses who would think 

13    they were having to make a decision on how many 

14    people they employed.

15                 And the corporate franchise tax 

16    doesn't apply to hospitals, not-for-profits that 

17    will have also complained about being thrown into 

18    the PMT all these years.

19                 SENATOR O'MARA:   Thank you for 

20    that.

21                 Madam President, if the Senator will 

22    continue to yield.  

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Krueger, do you yield?  

25                 SENATOR KRUEGER:   I do.


                                                               1463

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    Senator yields.

 3                 SENATOR O'MARA:   I've just got a 

 4    couple more, because we've got a lot of members 

 5    here with some other specific questions.

 6                 But in this one-house is the 

 7    Governor's proposed $1 billion for New York City 

 8    for their migrant problem still here?

 9                 SENATOR KRUEGER:   Yes.

10                 SENATOR O'MARA:   And through you, 

11    Madam President, if the Senator will continue to 

12    yield.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Krueger, do you yield?  

15                 SENATOR KRUEGER:   Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    Senator yields.

18                 SENATOR O'MARA:   And 

19    another probably -- maybe the most significant 

20    increase in spending in this one-house budget is 

21    the proposal to expand Medicaid to illegal 

22    immigrants here in this state.  So an additional 

23    $1.7 billion.  But --

24                 SENATOR KRUEGER:   Since we've 

25    gotten to healthcare and I see my colleague 


                                                               1464

 1    Gustavo Rivera excitedly stand up, because he 

 2    would love to answer your question, is that okay 

 3    if I hand it to him?  

 4                 SENATOR O'MARA:   No, that's fine, 

 5    but I really just had that simple question.  

 6    There's going to be 1.7 billion for that?  I 

 7    think somebody else has some more questions on 

 8    that, so I won't get into it.  

 9                 But Senator, will you yield on that? 

10                 SENATOR RIVERA:   I will yield.

11                 SENATOR O'MARA:   So the cost of 

12    that proposal to expand Medicaid to illegal 

13    immigrants beyond what we did last year is going 

14    to cost us an additional $1.7 billion, is that 

15    correct?  

16                 SENATOR RIVERA:   Through you, 

17    Madam President, we actually -- funny enough, 

18    there is a waiver that we can seek from the 

19    federal government, which means it will cost us 

20    absolutely nothing.  

21                 And more importantly, 

22    Madam President, since we're on the subject, 

23    undocumented folks -- illegal immigrants is one 

24    way, certainly, to refer to them, but I prefer to 

25    refer to them as people who are undocumented.  


                                                               1465

 1    And these folks actually still are going -- are 

 2    getting sick, Madam President, and they are 

 3    winding up in our hospitals to the tune of 

 4    $500 million in emergency Medicaid that is being 

 5    spent right now.  

 6                 So yes, there is an appropriation, 

 7    Madam President, of 1.7 billion.  But again, we 

 8    believe that if we get the waiver from the 

 9    federal government -- which has already been 

10    sought by other states across the country -- that 

11    it would cost us absolutely nothing.

12                 SENATOR O'MARA:   Through you, 

13    Madam President, if the Senator will continue to 

14    yield.

15                 ACTING PRESIDENT PERSAUD:   Senator  

16    Rivera, do you yield?  

17                 SENATOR RIVERA:   Absolutely.

18                 ACTING PRESIDENT PERSAUD:   The 

19    Senator yields.  

20                 SENATOR O'MARA:   In the event that 

21    we do not get this waiver from the federal 

22    government for that, does the program not go 

23    forward?

24                 SENATOR RIVERA:   If we do not -- 

25    through you, Madam President, if we are going -- 


                                                               1466

 1    we believe very, very, very much that we will get 

 2    the waiver, since it has been granted to other 

 3    states.  But if it does not, we can still go 

 4    forward.  

 5                 And by the way -- Madam President, 

 6    through you -- I'll remind all folks here that 

 7    these are folks who are already costing the state 

 8    $500 million in emergency Medicaid.

 9                 SENATOR O'MARA:   Do you want to 

10    triple that expense?

11                 SENATOR RIVERA:   One second, 

12    Madam President.

13                 Through you, Madam President, there 

14    is actually money that we can draw down from the 

15    Essential Plan, so we have actually a surplus 

16    fund that we can draw down to have a pass-through 

17    so it actually would still be much less than we 

18    are spending right now for emergency Medicaid for 

19    folks who are already getting sick.

20                 SENATOR O'MARA:   Thank you, 

21    Senator.

22                 I believe that's all I have, for now 

23    at least, Madam President.  I'm not sure who 

24    wants to go next on our side.

25                 ACTING PRESIDENT PERSAUD:   Thank 


                                                               1467

 1    you, Senator O'Mara.

 2                 Senator Palumbo.  

 3                 SENATOR PALUMBO:   Thank you, 

 4    Madam President.  Good morning for a couple more 

 5    minutes.  

 6                 I'm going to be asking some 

 7    questions on public protection.  So I assume the 

 8    winner may be Chairman Bailey, if he would be so 

 9    kind as to yield.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Bailey, do you yield?  

12                 SENATOR BAILEY:   Indeed.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Senator yields.

15                 SENATOR PALUMBO:   Thank you, 

16    Chairman.  How are you?  

17                 SENATOR BAILEY:   I'm well.  How 

18    about yourself?  

19                 SENATOR PALUMBO:   I'm well, thank 

20    you.

21                 I have a few questions.  I guess 

22    we'll just start with the pretty straightforward 

23    rejection, it looks like, of the Governor's 

24    proposal to remove least restrictive means from 

25    the bail reform statute.  Is that accurate?


                                                               1468

 1                 SENATOR BAILEY:   Senator Palumbo, 

 2    as you know, this Senate Majority is a 

 3    thoughtful, contemplative body, and we believe 

 4    that public safety is not fully encompassing of 

 5    any one particular topic, so that would be 

 6    accurate.

 7                 SENATOR PALUMBO:   Would you 

 8    continue to yield, please.

 9                 SENATOR BAILEY:   Yes, sir.

10                 ACTING PRESIDENT PERSAUD:   The 

11    Senator yields.  

12                 SENATOR PALUMBO:   We have seen 

13    several studies, several statistical analyses, 

14    news articles and so forth, regarding the effects 

15    of bail reform on crime.  And of course 

16    there's -- I would say there's also a court of 

17    public opinion where, when you poll this, you see 

18    that people around the state are feeling 

19    significantly less safe.

20                 So by removing this -- and it 

21    looks -- and from what I've seen there are no 

22    other aspects or changes to bail reform.  Is that 

23    the Senate Majority's position, that that data is 

24    inaccurate?

25                 SENATOR BAILEY:   Senator Palumbo -- 


                                                               1469

 1    through you, Madam President.  Senator Palumbo, 

 2    we sat together at a hearing for close to 

 3    10 hours where we heard testimony from a number 

 4    of different agencies, associations, and not one 

 5    agency nor association, individual, made the 

 6    correlation that any increase in crime was 

 7    related, tangentially or directly, to bail 

 8    reform.

 9                 We in the Senate Majority are a 

10    data-driven majority.  We base our actions, our 

11    thoughtful actions, on data that we receive.  And 

12    again, we sat together in close proximity at that 

13    hearing and I believe we heard the same 

14    information.  And that information did not create 

15    the correlation that you are alluding to, 

16    Madam President.

17                 SENATOR PALUMBO:   Will the Senator 

18    continue to yield?

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    Senator yield?  

21                 SENATOR BAILEY:   Definitely.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Bailey yields.

24                 SENATOR PALUMBO:   Thank you, 

25    Chairman.  


                                                               1470

 1                 And I would -- I would certainly beg 

 2    to differ, because I heard a few different 

 3    things.  And if we just think specifically 

 4    regarding the COMPSTAT data from the New York 

 5    City Police Department for juvenile crime, for 

 6    example, juveniles committing shootings in 2022 

 7    were at 124.  In 2020, the year that bail reform 

 8    was initially enacted, 62.  And the year before 

 9    that, before these reforms took effect, 48.  So 

10    youth shootings have tripled.  That should alarm 

11    everyone.  

12                 I know there was also a report that 

13    was referred to as the John Jay in the past few 

14    days -- the College of Criminal Justice, I guess 

15    a think tank associated with them -- came out 

16    with a report that the heading indicated that 

17    there was no correlation.  

18                 However, when you look at the 

19    numbers and with respect to data, those who were 

20    accused of a felony who were rearrested on a 

21    violent felony were up 3.3 percent.  Or the 

22    number, excuse me, the total number versus the 

23    total number of crimes.  So it went from the 

24    14 percent to 17.3.  It may not sound that 

25    significant, but that's a 23.5 percent increase, 


                                                               1471

 1    in an article that said bail reform had nothing 

 2    to do with an increase in crime, of people 

 3    arrested for violent felonies, the recidivism 

 4    rate of people accused of felonies.

 5                 So is that data that is just being 

 6    completely disregarded by the Senate Majority?  

 7    Or is there some other take on it that I'm 

 8    missing?  

 9                 SENATOR BAILEY:   Through you, 

10    Madam President.  Through you, Madam President, a 

11    very impressive cherry-picking of data, Senator 

12    Palumbo.  

13                 One correlation does not equate to 

14    causation, as you -- as you well know.  And it's 

15    interesting that you mention violent felony 

16    arrests.  Everybody in this chamber knows, 

17    because we've been through this many times, that 

18    the violent felony arrests that you reference are 

19    indeed bail-eligible.

20                 So based upon that, are you 

21    saying -- and I don't know if I can ask it of 

22    you, but I presume that what you're saying is 

23    that bail-eligible offenses that are bailable are 

24    related to bail reform, which is releasing 

25    individual -- which is releasing individuals for 


                                                               1472

 1    nonviolent felonies?  Is that -- are you making 

 2    that correlation, Senator Palumbo?

 3                 SENATOR PALUMBO:   And thank you, 

 4    Senator.  And I'll certainly yield or just 

 5    comment on that before my next question, if 

 6    you'll continue to yield, that that wasn't the 

 7    statistic.  

 8                 So to be accurate, it was those 

 9    individuals charged with a non-bailable felony 

10    who were subsequently arrested for a violent 

11    felony.

12                 So the underlying felony, the first 

13    one, was a mandatory release -- for example, sale 

14    of drugs, sale of Fentanyl, less than 2 ounces, 

15    enough to kill everyone in this building, you 

16    cannot set bail still.  And the new charge was of 

17    course a bailable -- a bailable, if you want to 

18    call it that, offense of a violent felony.  So 

19    that's the distinction.  And just that number 

20    there has the roughly 25 percent increase.  

21                 And it looks like as though that -- 

22    I'm sure we were all alarmed by that.  We're on 

23    this floor all the time saying that even one 

24    victim -- if this bill saves one life -- these 

25    are hundreds of victims in this own data set that 


                                                               1473

 1    are new as a result of bail reform.  

 2                 So is that being addressed at all in 

 3    this Senate one-house?  

 4                 SENATOR BAILEY:   Through you, Madam 

 5    President.  Are you referencing the John Jay 

 6    study?  Is that the study you're referencing?  

 7                 SENATOR PALUMBO:   I am.  That's 

 8    where I got that from.

 9                 SENATOR BAILEY:   So the John Jay 

10    study --

11                 SENATOR PALUMBO:   Because I thought 

12    that might have been something that may have 

13    been -- and I'm sorry to interrupt, just I 

14    thought that --

15                 SENATOR BAILEY:   No, no worries.  I 

16    think this is a cordial debate, and I think that 

17    people are entitled to hear -- hear -- hear us 

18    saying.  

19                 So that John Jay data college -- 

20    excuse me, the information that the John Jay 

21    College's data, you know, collective, indicates 

22    that there is a 44 percent two-year rearrest rate 

23    from bail reform, as opposed to a 50 percent rate 

24    prior to bail reform.  

25                 So that decrease seems to indicate 


                                                               1474

 1    that some of the steps that have been taken are 

 2    actually effective if it's 6 percent lower, based 

 3    upon that same statistical -- that statistic that 

 4    you just brought up.  Madam President, through 

 5    you.

 6                 SENATOR PALUMBO:   Thank you, 

 7    Chairman.  Would you continue to yield?

 8                 SENATOR BAILEY:   Certainly.  

 9                 ACTING PRESIDENT PERSAUD:   The 

10    Senator yields.

11                 SENATOR PALUMBO:   Thank you.  

12                 And -- well, in that regard -- and 

13    that was just a broad stroke.  So I think there 

14    have been significant changes in policing as far 

15    as even arresting individuals and charging them.  

16    We know, based on the data from our Public 

17    Protection hearing, that a number of cases, 

18    over -- I think it's 62 percent of misdemeanors 

19    have been -- are being dismissed in our court 

20    system because you coupled this with discovery 

21    reforms.  The people can't get ready in time, the 

22    prosecution can't have their cases organized 

23    enough.

24                 So I guess we'll agree to disagree 

25    on what those numbers mean.  But if you take 


                                                               1475

 1    every crime and every arrest then, yes, you're 

 2    absolutely right.  Assuming that, you know, those 

 3    numbers are accurate, which I believe they were, 

 4    based on the limited area of study.  

 5                 But within those same numbers, I'm 

 6    focusing on the big stuff.  Not the turnstile 

 7    jumping that we're not even arresting people for 

 8    at this point.  I'm talking about violent 

 9    felonious, victims of violent felonies.  And that 

10    is a big number.  

11                 And I just think that's something 

12    that cannot be ignored, regardless of what I 

13    think an overall ideology is that we can't make 

14    any changes no matter what.

15                 SENATOR BAILEY:   Through you, Madam 

16    President.  Again, this Senate Majority has made 

17    changes on a number of occasions to many statutes 

18    that relate to public safety.  

19                 Just this past week, in the Senate 

20    Standing Committee on Codes, we had a truly 

21    victim-centered Codes agenda where you and your 

22    colleagues voted in the majority for the vast 

23    majority of legislation.

24                 Also in reference to the 

25    conversation which you're talking about, about 


                                                               1476

 1    arrests and policing, I have never been an 

 2    officer of the law.  I do not know policing like 

 3    officers know it.  You would have to ask 

 4    individuals in the NYPD and other forces around 

 5    the State of New York as to why they are doing 

 6    policing the way that they're doing it.  

 7                 In addition to that, when we speak 

 8    about funding for discovery, there is significant 

 9    funding for discovery in this budget.  Also at 

10    the Public Protection hearing -- excuse me, at 

11    the Public Protection hearing, the Finance 

12    hearing, we heard from a member of the District 

13    Attorneys Association of the State of New York 

14    who indicated that there were 19 counties that 

15    had yet to apply for funding for their district 

16    attorney -- for the discovery reform that was put 

17    in last year's enacted budget.

18                 In addition to that, we in the 

19    Senate Majority believe that public safety is not 

20    monolithic.  18B increase -- I know that you're a 

21    supporter of that.  We're talking about long 

22    hours in courts.  Just today my colleague Senator 

23    Hoylman-Sigal tweeted something about midtown 

24    community courts opening their doors for an extra 

25    day, a collaboration between district attorneys, 


                                                               1477

 1    elected officials, and community residents.  

 2                 So we're taking steps, concrete 

 3    steps.  Because, again, public safety is not, you 

 4    know, predicated upon two words, bail reform.

 5                 SENATOR PALUMBO:   Would you 

 6    continue to yield, please, Senator?

 7                 SENATOR BAILEY:   I do.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Senator yields.

10                 SENATOR PALUMBO:   Thank you.  

11                 So just to wrap up this area of 

12    questioning, the bottom line is in this one-house 

13    the Senate Majority rejects any changes to bail 

14    reform.  Is that fair to say?  

15                 SENATOR BAILEY:   The Senate 

16    Majority is a contemplative body that has and 

17    always will listen to the needs of 20 million 

18    New Yorkers, not just the voices of a few 

19    attempting to discredit the hard work that we 

20    have done at this level.  

21                 SENATOR PALUMBO:   Thank you, 

22    Senator.  I will take that as a yes, I guess.  

23                 But would you continue to yield for 

24    some questions?  We'll move on to Clean Slate, 

25    please.


                                                               1478

 1                 SENATOR BAILEY:   Clean Slate?  We 

 2    will leave that in the able hands of my brother 

 3    Senator Zellnor Myrie.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Myrie, do you yield?  

 6                 SENATOR MYRIE:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    Senator yields.

 9                 SENATOR PALUMBO:   Thank you, 

10    Senator.  How are you?  Good afternoon now.  It's 

11    past noon hour.

12                 SENATOR MYRIE:   Happy March Madness 

13    Day.

14                 (Laughter.)

15                 SENATOR PALUMBO:   Yes.  So I see 

16    that the Clean Slate Act is in this one-house, 

17    and it includes sealing all convictions other 

18    than those that are defined as a sex offense.  Is 

19    that accurate?

20                 SENATOR MYRIE:   That's correct.  

21    Through you, Madam President, that's correct.

22                 SENATOR PALUMBO:   Through you, 

23    Madam President, would the Senator continue to 

24    yield?  

25                 ACTING PRESIDENT PERSAUD:   Senator, 


                                                               1479

 1    do you yield?  

 2                 SENATOR MYRIE:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    Senator yields.

 5                 SENATOR PALUMBO:   Thank you.  

 6                 And, Senator, it also makes a 

 7    reference to 168A of the Corrections Law.  And 

 8    when I look at the definitions, "sex offense" has 

 9    a bunch of enumerated offenses in Section 2.  But 

10    if we move to Section 3, there are also offenses 

11    called sexually violent offenses.  And that's not 

12    referenced in the Clean Slate.  

13                 So since it's an exclusive list of 

14    nonsealable offenses, all other -- other than 

15    A felonies, right -- all other types of crimes 

16    are sealable.  Am I misunderstanding that, or is 

17    that accurate?

18                 (Pause.)

19                 SENATOR MYRIE:   Through you, 

20    Madam President.  The bill references convictions 

21    that require the individual to register as a 

22    sex offender.  That registration process includes 

23    the criminal offenses that you just referenced.

24                 SENATOR PALUMBO:   Would you 

25    continue to yield, Senator.


                                                               1480

 1                 ACTING PRESIDENT PERSAUD:   Will the 

 2    Senator yield?  

 3                 SENATOR MYRIE:   Yes.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    Senator yields.

 6                 SENATOR PALUMBO:   Thank you, 

 7    Senator Myrie.

 8                 And if I look at this in Part UU, 

 9    line 52, the conviction is not defined as a sex 

10    offense under Section 168 of the Correction Law.  

11    So that seems quite specific.  

12                 So it's not actually registerable, 

13    it's a sex offense.  So the way I read this -- I 

14    don't know, I'm assuming this is an oversight -- 

15    rape in the first degree is sealable.  Rape in 

16    the third degree is not.  Because it says a sex 

17    offense, which is a very different definition, 

18    has a very different -- is a differently defined 

19    term than sexually violent offense.  

20                 And in fact in sexually violent 

21    offenses, there is a list of those very heinous 

22    crimes that are not contained in Section 2 for 

23    "sex offense."  

24                 So can you reconcile that for me, 

25    please?  


                                                               1481

 1                 SENATOR MYRIE:   Through you, 

 2    Madam President, I would reiterate what I just 

 3    mentioned.  

 4                 Any individual that commits an 

 5    offense that requires them to register as a sex 

 6    offender, which a sexually violent offense would 

 7    require, would not be eligible for sealing, 

 8    including the crimes that you just mentioned.

 9                 SENATOR PALUMBO:   Would the Senator 

10    continue to yield, please.  

11                 ACTING PRESIDENT PERSAUD:   Will the 

12    Senator yield?  

13                 SENATOR MYRIE:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Senator yields.  

16                 SENATOR PALUMBO:   So with respect 

17    to those crimes that can be sealed and will be 

18    sealed automatically -- before we get to a few 

19    specific ones, because I know we've had different 

20    iterations of this bill over the years -- is 

21    there anything that the convicted offender has to 

22    do as far as maybe, you know, get a GED, get a 

23    job, show some sort of, you know, 

24    rehabilitation -- alcohol, drugs, whatever it may 

25    be -- do a program, in order to get the benefits 


                                                               1482

 1    of the Clean Slate?  

 2                 Or is it just automatic, you do 

 3    nothing and it happens?  

 4                 SENATOR MYRIE:   Through you, 

 5    Madam President, I'm glad that the Senator has 

 6    brought this up.  

 7                 This is an economics bill.  This is 

 8    an antipoverty bill.  This is a housing bill, 

 9    it's an education bill.  And the reason I say 

10    that is individuals who have served their time -- 

11    you were accused of a crime, it was adjudicated, 

12    you were convicted, and you served the 

13    consequence -- that individual should not be 

14    punished in perpetuity.  

15                 We don't have that as a 

16    constitutional principle.  And I recall a couple 

17    of weeks ago you and some of your colleagues 

18    standing up very strongly for the Constitution, 

19    and said "We must uphold the Constitution."  

20                 Well, our Constitution does not 

21    harbor punishment in perpetuity.  You pay the 

22    consequence for your crime, and then you are 

23    reintegrated into society.  

24                 Individuals with convictions -- and 

25    in New York that number is around 2.5 million -- 


                                                               1483

 1    can no longer get a house, get a job, get 

 2    education.  And then we expect those individuals 

 3    to not return to the very things that led to 

 4    their conviction.

 5                 So there aren't requirements for 

 6    them to be a beneficiary of this sealing, because 

 7    our current statutes allow for sealing but only 

 8    0.5 percent of individuals eligible for that 

 9    sealing take advantage of it.  The process is 

10    cumbersome, oftentimes requires an attorney.  

11                 And so the automatic nature of this 

12    is meant to give them the benefit of having 

13    remained crime-free for various periods of time, 

14    depending on the conviction.  It's an incentive 

15    to be on your best behavior.  Because any 

16    criminal offense restarts the clock and you're no 

17    longer a beneficiary.

18                 So this is, in addition to all of 

19    the things that I mentioned before, a public 

20    safety bill that encourages individuals to be a 

21    part of their communities, provide for their 

22    families, and be an example for the other folks 

23    in the community.

24                 SENATOR PALUMBO:   Thank you, 

25    Senator.  Would you continue to yield.


                                                               1484

 1                 ACTING PRESIDENT PERSAUD:   Will the 

 2    Senator yield?  

 3                 SENATOR MYRIE:   Yes.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    Senator yields.  

 6                 SENATOR PALUMBO:   Thank you.  

 7                 And when we talk about being on best 

 8    behavior, the previous iteration of this bill had 

 9    that you had to be -- you could not be 

10    incarcerated either in a state or local facility.  

11                 This version removes the local 

12    requirement.  So if you're in on a -- you know, 

13    we used to say doing a county bullet, you're 

14    doing eight months at -- you serve a year -- 

15    you're sentenced to a year, you serve eight 

16    months.  If you're in, those eight months that 

17    are ticking -- the sealing period has already 

18    started under this new iteration, is that 

19    correct?  

20                 So if you're not upstate but you're 

21    still incarcerated, as long as you're not upstate 

22    on a felony, that the clock will already start 

23    and begin the sealing process?  

24                 SENATOR MYRIE:   That is correct, 

25    through you, Madam President.  And that was a 


                                                               1485

 1    result of feedback that we received from DCJS and 

 2    some other law enforcement agencies on the 

 3    ability to track individuals' records when they 

 4    are in local correctional facilities.  

 5                 And that is just one of the 

 6    amendments that we have made over the past three 

 7    years.  This bill is in its seventh iteration.  

 8    We've had broad discussions with you, your 

 9    colleagues.  We had a hearing on this.  We spoke 

10    to DAs offices.  We spoke to the NYPD.  We spoke 

11    to many other law enforcement agencies.  And we 

12    took that feedback.  

13                 And I hope that that conveys to you, 

14    your colleagues, and to the rest of the state 

15    that we have been willing to listen to 

16    stakeholders involved in this.  But that 

17    particular amendment was a result of DCJS's 

18    communications to us.

19                 SENATOR PALUMBO:   Thank you, 

20    Senator.  Would you continue to yield.

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    Senator yield?  

23                 SENATOR MYRIE:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    Senator yields.  


                                                               1486

 1                 SENATOR PALUMBO:   You are artfully 

 2    eating up some time.  You're doing a good job 

 3    over there.

 4                 (Laughter.)

 5                 SENATOR PALUMBO:   You know, at the 

 6    end of the day this version allows only a few -- 

 7    I guess law enforcement, certain licensing 

 8    agencies -- ability to use -- to see these -- the 

 9    sealed records.  

10                 And so my question in that regard is 

11    could a bank have access to someone's sealed 

12    record of a financial crime?

13                 SENATOR MYRIE:   Through you, 

14    Madam President.  If it's required for licensing, 

15    yes.  If not, no.  

16                 But I will note that the largest 

17    financial institution in New York and in the 

18    country, JPMorgan, is a huge supporter of this 

19    bill.

20                 SENATOR PALUMBO:   Will you continue 

21    to yield, please.

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    Senator yield?

24                 SENATOR MYRIE:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               1487

 1    Senator yields.  

 2                 SENATOR PALUMBO:   Virtually all of 

 3    the -- not virtually, all animal abuse, 

 4    Agriculture and Markets crimes against -- you 

 5    know, for torturing animals, having dogfights, 

 6    things like that, those are all sealable.  

 7                 Will a veterinary hospital have the 

 8    ability to see that someone's been convicted of 

 9    those types of crimes when they're looking to 

10    hire someone?  

11                 SENATOR MYRIE:   Through you, 

12    Madam President.  Again, if it's required for 

13    licensing, yes.  

14                 And I'd also note that we have in 

15    the bill if you are a mandated fingerprinter, the 

16    suggestion being that that is a sensitive job, 

17    that also would grant you access to an 

18    individual's records.

19                 SENATOR PALUMBO:   Would you 

20    continue to yield, please.

21                 ACTING PRESIDENT PERSAUD:   Senator, 

22    do you yield?  

23                 SENATOR MYRIE:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    Senator yields.


                                                               1488

 1                 SENATOR PALUMBO:   One last 

 2    question, really, on Clean Slate is regarding 

 3    this -- the new charges that can make the clock 

 4    stop, so to speak, or restart the clock on the 

 5    two and seven years for misdemeanor and felony, 

 6    it appears to me that it's only a new charge 

 7    pending in New York.  

 8                 So if there's a charge pending, a 

 9    new charge in New Jersey, for example, does that 

10    reset the clock on sealing the New York 

11    conviction?

12                 SENATOR MYRIE:   Through you, 

13    Madam President, this was also the result of 

14    conversations we had with law enforcement 

15    agencies.  You can imagine the difficulty of a 

16    New York agency attempting to follow the charges 

17    for external states' actions.  

18                 And so we were told that for 

19    administration purposes that this would make the 

20    process much easier.  

21                 And I would also think, 

22    philosophically, that it is not the role of the 

23    State of New York to be monitoring what's 

24    happening in the other states.  But we should be 

25    holding people accountable for what they do in 


                                                               1489

 1    this state and, after they have served their time 

 2    and paid that consequence, then give them the 

 3    opportunity to have sealing.

 4                 SENATOR PALUMBO:   Would you 

 5    continue to yield, please.  

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    Senator yield?  

 8                 SENATOR MYRIE:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    Senator yields.

11                 SENATOR PALUMBO:   So then just so 

12    I'm clear, Senator Myrie, then if there's a 

13    matter pending in federal court, Southern 

14    District, is that considered a New York charge?  

15    Or obviously, you know, Northern District of 

16    Idaho, if you're charged with, say, a trafficking 

17    charge, even human sex trafficking -- I'll give 

18    you an easy one -- a very serious crime in 

19    federal court across the border or even in the 

20    border, does that still qualify to remove the 

21    availability of having your case sealed 

22    automatically?  

23                 SENATOR MYRIE:   Through you, 

24    Madam President, and I say this with great 

25    respect for my colleague, but this is a state 


                                                               1490

 1    legislature, and we are not responsible for what 

 2    happens in the federal system.  Our jurisdiction 

 3    lies within the State of New York, and that is 

 4    what this law is attempting to change.

 5                 SENATOR PALUMBO:   Thank you, 

 6    Senator.  If you would just yield for another 

 7    quick question and then I'll wrap up.

 8                 ACTING PRESIDENT PERSAUD:   Does the 

 9    Senator yield?

10                 SENATOR MYRIE:   Yes.

11                 ACTING PRESIDENT PERSAUD:   The 

12    Senator yields.  

13                 SENATOR PALUMBO:   Thank you.  

14                 It looks as though there's a million 

15    dollars statewide to implement Clean Slate, is 

16    that correct?

17                 SENATOR MYRIE:   Through you, 

18    Madam President, yes.

19                 SENATOR PALUMBO:   Will you yield 

20    for one more question.

21                 SENATOR MYRIE:   Sure.

22                 ACTING PRESIDENT PERSAUD:   The 

23    Senator yields.

24                 SENATOR PALUMBO:   Of course, right, 

25    there's always one more.


                                                               1491

 1                 Do we have any studies or any fiscal 

 2    on how much it will really cost everyone to seal 

 3    all these records?  Because not all the 

 4    fingerprints are digitized.  In some of these 

 5    smaller courts they still do it the old-fashioned 

 6    way.  So within two years, if they have to seal 

 7    the prior crimes that they need to catch up, 

 8    they're going to have to dig out these old files, 

 9    mark it sealed, do what's necessary, return 

10    items.  

11                 So do we have any idea how much this 

12    is really going to cost?

13                 SENATOR MYRIE:   Through you, 

14    Madam President.  This is the number that this 

15    conference arrived at for -- at this particular 

16    time.  

17                 I am more than happy to put more 

18    funding in, if that's what you are suggesting.  

19    But we will continue the conversations with DCJS 

20    and our various law enforcement agencies that 

21    would have jurisdiction over these records.

22                 SENATOR PALUMBO:   Thank you, 

23    Senator.

24                 On the resolution, please, 

25    Madam President.


                                                               1492

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Palumbo on the resolution.

 3                 SENATOR PALUMBO:   Thank you.  

 4                 I'll just be real brief because I 

 5    know we have a few other speakers.  

 6                 But unfortunately, this is -- seems 

 7    to fall on deaf ears.  We have a court of public 

 8    opinion.  We have actual statistics showing 

 9    violent crime is up, youth crime has almost 

10    tripled, and it's just being ignored.  

11                 I don't really understand how we can 

12    claim to be for public safety when we talk some 

13    comments regarding the Constitution -- and, you 

14    know, I get it, that the Constitution is about 

15    fairness, maybe punishments fitting the crime.  

16    There's a balancing test here.  When you have 

17    certain types of offenses that you commit against 

18    society, there is a debt that you have to pay 

19    society, to society, and some of it is lifetime.  

20    Not all of it.  

21                 We actually have a current system of 

22    sealing cases.  You can seal them, you can make 

23    an application to the court.  Legal Aid is 

24    certainly available for the indigent to make such 

25    applications, seal a felony if they so choose.  


                                                               1493

 1                 This is unlimited, this Clean Slate, 

 2    unlimited.  Forget about ignoring the bail 

 3    reform.  You know, that's something that I think, 

 4    as the world starts to really look at these 

 5    numbers and understand that we have hundreds and 

 6    hundreds of new victims in our great state thanks 

 7    to these changes.  

 8                 So I will be voting no on this 

 9    resolution and I urge my colleagues to do the 

10    same.

11                 Thank you, Mr. President.

12                 ACTING PRESIDENT PERSAUD:   Thank 

13    you.  

14                 Senator Borrello.

15                 SENATOR BORRELLO:   Thank you, 

16    Madam President.  

17                 I have a question on elections, 

18    specifically in Aid to Localities with the public 

19    campaign finance, whoever would be handling that.

20                 ACTING PRESIDENT PERSAUD:   Senator  

21    Krueger, do you yield?  

22                 SENATOR KRUEGER:   I'll give it a 

23    whirl, yes.

24                 (Laughter.)

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               1494

 1    Senator yields.

 2                 SENATOR BORRELLO:   Thank you for 

 3    giving it a whirl.

 4                 So can you tell me how much money 

 5    was allocated in this one-house budget for the 

 6    public campaign finance?  

 7                 SENATOR KRUEGER:   There's a total 

 8    of $25 million, 15 million for the infrastructure 

 9    to build this system, what we need, and 

10    10 million for starting off on the matching 

11    funds.

12                 Yes, it's exactly what the Executive 

13    proposed.

14                 SENATOR BORRELLO:   Madam President, 

15    will the sponsor continue to yield.  

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Krueger, do you yield? 

18                 SENATOR KRUEGER:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    Senator yields.

21                 SENATOR BORRELLO:   So it's the same 

22    amount that the Governor has proposed.

23                 How did we come up with these 

24    numbers?  What was the basis for these numbers, 

25    do you know?


                                                               1495

 1                 SENATOR KRUEGER:   So the 15 million 

 2    was based on what the State Board of Elections 

 3    asked us for, for their -- to meet their needs 

 4    for software, building new infrastructure, 

 5    additional staff.

 6                 The 10 million is a starting point 

 7    for matching funds.  My understanding is, though, 

 8    that the State Comptroller has the authority to 

 9    draw down additional funds if and when necessary 

10    for the matching program under the law we already 

11    passed in 2020.

12                 SENATOR BORRELLO:   Madam President, 

13    will the sponsor continue to yield? 

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    Senator yield?

16                 SENATOR KRUEGER:   I do.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR BORRELLO:   Well, thank you 

20    for that response.  

21                 There's been a lot of reports in the 

22    media that the rollout of this public campaign 

23    finance may be delayed.  Is that true?

24                 SENATOR KRUEGER:   I don't know.  I 

25    read those stories also.


                                                               1496

 1                 SENATOR BORRELLO:   Madam President, 

 2    will the sponsor continue to yield.  

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    Senator yield?  

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR BORRELLO:   I mean, you 

 9    know, the only real example we have to follow is 

10    New York City.  And I've also read a lot of 

11    articles that that program in New York City is 

12    just filled with waste, fraud and abuse.  So do 

13    you think that that may be a reason for 

14    questioning whether we can do this better on a 

15    statewide scale than they're doing it in New York 

16    City?

17                 SENATOR KRUEGER:   So, 

18    Madam President -- so, one, actually there's 

19    models from around the country that have been 

20    working.  I personally come from New York City.  

21    I would love the examples of waste, fraud and 

22    abuse that Senator Borrello is asking me to 

23    explain, because my understanding is they catch 

24    people, they fine them, they get the money back.  

25    Just the way they're supposed to.


                                                               1497

 1                 SENATOR BORRELLO:   Madam President, 

 2    will the sponsor continue to yield?  

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    Senator yield?  

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR BORRELLO:   I'll be happy to 

 9    share that information with you offline.  But it 

10    doesn't seem like it's going all that well, but 

11    we can have a difference of opinion on that.

12                 So I want to move on to, if I could 

13    now, to some additional mandates for the local 

14    Boards of Elections in Part GG of Part -- it 

15    increases the minimum pay for poll workers, 

16    mandatory staff levels for Boards of Elections.  

17    It's going to require that the Board of Elections 

18    commissioner is going to be a full-time employee.  

19                 All those proposals will add cost to 

20    the local Boards of Elections, won't they?

21                 SENATOR KRUEGER:   Yes, so those are 

22    actually bills that we've passed in this house I 

23    think this year already.  And we are putting in 

24    money in the budget, 15 million, for the 

25    localities to help with the -- their costs, and 


                                                               1498

 1    15 million centrally to the State Board of 

 2    Elections.  So $30 million to put these reforms 

 3    into place.

 4                 SENATOR BORRELLO:   Madam President, 

 5    if the sponsor will continue to yield.

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    Senator yield?  

 8                 SENATOR KRUEGER:   Yes.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    sponsor yields.

11                 SENATOR BORRELLO:   So $30 million 

12    total for local governments to access.

13                 So how is it -- first of all, that's 

14    just for this year.  That's not going to 

15    guarantee anything going forward, correct?  

16                 SENATOR KRUEGER:   Every single 

17    dollar we spend in the State Budget is one year 

18    and has to be renewed or not renewed.  So it's no 

19    different than any other money we're spending.

20                 SENATOR BORRELLO:   Madam President, 

21    will the sponsor continue to yield.  

22                 ACTING PRESIDENT PERSAUD:   Does the 

23    Senator yield?  

24                 SENATOR KRUEGER:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               1499

 1    sponsor yields.

 2                 SENATOR BORRELLO:   This is the last 

 3    question on this.  

 4                 So how would those local Boards of 

 5    Elections access that money?  I mean, is it going 

 6    to be a voucher, is it going to be some kind of a 

 7    competitive grant?  How is that money going to be 

 8    distributed?

 9                 SENATOR KRUEGER:   Yes, it would be 

10    through grants in some formulaic way, I suppose 

11    the way we give other money to local Boards of 

12    Elections.

13                 SENATOR BORRELLO:   Madam President, 

14    will the sponsor continue to yield?  

15                 ACTING PRESIDENT PERSAUD:   Will the 

16    sponsor yield?

17                 SENATOR KRUEGER:   Yes, I will.

18                 ACTING PRESIDENT PERSAUD:   The 

19    sponsor yields.  

20                 SENATOR BORRELLO:   So really we're 

21    not really -- we're mandating that they have 

22    these increases, but we really don't have a set 

23    way to guarantee that they're going to get a 

24    specific amount of money to cover those mandates, 

25    is that correct?


                                                               1500

 1                 SENATOR KRUEGER:   I'm not sure that 

 2    any money we give them each year is in a set 

 3    formula, so I don't know that this would be 

 4    different than any other way that we fund them 

 5    for all the other things they do.  But I'm 

 6    double-checking.  (Pause.)

 7                 I'm still trying to get the answer 

 8    for you on whether the formula of how they get it 

 9    is different than how we give them money now.

10                 But again, I'm emphasizing we did 

11    pass the bills.  And we are trying to get them 

12    money to make sure that they can implement.

13                 I think if there's an argument that 

14    the dollar amount would need to be more than what 

15    we've proposed in this one-house, we'd be quite 

16    open to increasing that amount.  So if you have 

17    data on that, we would appreciate it.

18                 SENATOR BORRELLO:   Madam President, 

19    will the sponsor continue to yield.  

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    Senator yield?  

22                 SENATOR KRUEGER:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR BORRELLO:   So right now we 


                                                               1501

 1    don't really know that if it's going to be broken 

 2    down by the percentage of population in a county 

 3    to determine or, you know, what their current 

 4    costs are -- we're just saying that we have money 

 5    and if we need more, we can get more.

 6                 SENATOR KRUEGER:   So our 

 7    understanding is that the localities need to fill 

 8    out an application to get any of the monies that 

 9    they get from us to run their elections, and that 

10    this would operate basically the same way.

11                 SENATOR BORRELLO:   Madam President, 

12    on the resolution.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Borrello on the resolution.

15                 SENATOR BORRELLO:   Thank you, 

16    Senator Krueger, for those indulgences there.

17                 I think one of the things that 

18    concerns me about all of this is the whole idea 

19    that we are changing our Election Law here in 

20    New York State but we really don't have a great 

21    guide as to how we're going to be actually 

22    executing it on the ground, whether it's public 

23    campaign finance -- which rumors are there that 

24    this isn't going to be rolled out -- or it's the 

25    idea that we're going to change and mandate so 


                                                               1502

 1    many things for our local Boards of Elections.  

 2                 And concerning especially for the 

 3    local Boards of Elections is that I've heard a 

 4    lot of my colleagues on the other side of the 

 5    aisle especially talk about professionalizing our 

 6    local Boards of Elections, as if they're not 

 7    professional to begin with.  And certainly 

 8    increasing mandates on them without necessarily 

 9    giving them a clear path as to how they're going 

10    to fund and execute those things is probably a 

11    good way to make it look like they aren't doing a 

12    professional job.  

13                 So I will continue to monitor this 

14    and hope that we truly do support our local 

15    Boards of Elections, because they are critical to 

16    us having elections that are certainly well run 

17    and making sure that we have the confidence of 

18    every voter that their vote will count and count 

19    properly.

20                 So with that being said, I'm going 

21    to move on to another section, education.  School 

22    aid, Part A, if -- who would talk of that?

23                 SENATOR KRUEGER:   I'm sorry, that 

24    is Shelley Mayer.

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               1503

 1    Mayer, do you yield?

 2                 SENATOR MAYER:   Yes.  Sure.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    Senator yields.

 5                 SENATOR BORRELLO:   Thank you.  

 6    Thank you, Senator Mayer.  Good afternoon.

 7                 So I notice that the Governor had 

 8    really made a commitment that she was going to 

 9    remove this senseless cap on charter schools, and 

10    yet this budget now is going to remove that.  So 

11    that, you know, her proposal, even though it 

12    wouldn't change the total number of schools that 

13    are allocated to be charter schools, but it would 

14    have allowed an additional 100 charter schools.  

15                 You know, currently we're looking at 

16    trying to have our kids recover from the 

17    tremendous loss during the pandemic.  We see that 

18    that has been a huge negative impact.  So why do 

19    you think that restricting the growth of these 

20    charter schools is going to be good for our 

21    children's education?  

22                 SENATOR MAYER:   Well, through you, 

23    Madam President, yes, we have rejected the 

24    Governor's proposal to increase the cap, which 

25    is -- unfortunately Senator Borrello didn't 


                                                               1504

 1    mention the cap really applies to New York City 

 2    only as she has designed it, and to lift the 

 3    prohibition on zombie charters.  

 4                 We have not seen any evidence of why 

 5    such a lift is necessary.  And in fact the 

 6    majority of charter schools in New York State 

 7    have shown a decline in enrollment in the past 

 8    year.

 9                 SENATOR BORRELLO:   Madam President, 

10    will the sponsor continue to yield?

11                 ACTING PRESIDENT PERSAUD:   Will the 

12    Senator yield?

13                 SENATOR MAYER:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Senator yields.

16                 SENATOR BORRELLO:   Well, it's my 

17    understanding there's roughly 170,000 students on 

18    waiting lists to get into charter schools, and 

19    because of the convoluted way, especially in 

20    New York City, that they have broken down these 

21    limits as to where they can be, you may have 

22    declining enrollment in certain schools but 

23    overall you still have 170,000 students waiting 

24    to get in there.

25                 And they're mostly in 


                                                               1505

 1    socioeconomically disadvantaged areas, people who 

 2    can't afford to send their children to a private 

 3    parochial school, for example, but would like to 

 4    send their child to a specialized charter school.  

 5                 So I don't understand why you think 

 6    that we wouldn't have a need when there's 

 7    supposedly 170,000 students in the New York City 

 8    area on a waiting list.  So again, why would we 

 9    want to restrict that growth?  

10                 SENATOR MAYER:   Well, through you, 

11    Madam President, first of all, the initial cap 

12    and the revision to the cap was an effort by the 

13    state to set a balance between traditional public 

14    schools and what was then an experiment in 

15    charter schools.  And that balance continues to 

16    be something that we need to strike.  

17                 And in fact we believe that we need 

18    far more transparency and accountability from 

19    existing charter schools, who are subject to a 

20    range of different rules that are not the same as 

21    apply to traditional public schools.

22                 And in addition, I would say to you, 

23    Senator Borrello, that the state has a primary 

24    obligation to ensure that the traditional public 

25    schools remain funded and active.  And last year, 


                                                               1506

 1    for example, New York City diverted $3 billion of 

 2    money that largely we allocated to them in city 

 3    funds for charter schools, including 153 million 

 4    for private space, which the city is required to 

 5    pay for if the school is not collocated, which is 

 6    a problem in and of itself.

 7                 So for a large variety of reasons, 

 8    we believe there's been no evidence that there's 

 9    a need to increase the cap, and in fact 

10    increasing the cap would be destructive to the 

11    traditional New York City public schools.

12                 SENATOR BORRELLO:   Madam President, 

13    will the sponsor continue to yield.  

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    Senator yield?  

16                 SENATOR MAYER:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.

19                 SENATOR BORRELLO:   You used the 

20    word "destructive."  But in fact there was a 

21    study done that showed that actually students in 

22    regular public schools that are adjacent to or 

23    somehow associated with regular public schools 

24    actually see an increase in performance.  

25                 To just quote the study:  Students 


                                                               1507

 1    whose schools are near charter schools do better,  

 2    and the closer the charter school is, the better 

 3    these students do.  Students attending a 

 4    collocated district school performed 0.8 standard 

 5    deviation better in math and 0.6 standard 

 6    deviation better in reading.  Students in 

 7    districts within half a mile of a charter school 

 8    performed 0.2 standard deviation higher in both 

 9    math and reading.  

10                 So what's destructive about that?  

11                 SENATOR MAYER:   Well, in the first 

12    place, charter schools are not subject to the 

13    kind of oversight that traditional public schools 

14    are in terms of reporting, in terms of ensuring 

15    that English language learners and children with 

16    special needs -- who our traditional public 

17    schools must accept -- are handled in the same 

18    way and accepted in the same way.  So that's 

19    point one.

20                 Point two is to quote from some 

21    study that shows the physical proximity to a 

22    charter school results in better grades -- I find 

23    that difficult to believe, frankly.  

24                 We have an obligation to the 

25    students first in our traditional public schools 


                                                               1508

 1    as they seek to recover from COVID.  We work very 

 2    closely and obviously we have allocated a 

 3    substantial amount of money for those traditional 

 4    public schools.  And until such time as charter 

 5    schools are subject to the rules of other public 

 6    schools, we have not seen any justification for 

 7    increasing their number.

 8                 SENATOR BORRELLO:   Madam President, 

 9    will the sponsor continue to yield.

10                 ACTING PRESIDENT PERSAUD:   Will the 

11    sponsor yield?

12                 SENATOR MAYER:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    sponsor yields.

15                 SENATOR BORRELLO:   So the fact that 

16    we have parents that would like to have their 

17    children put into special charter schools that 

18    you have, you know, a six-figure waiting list 

19    isn't justification enough?

20                 SENATOR MAYER:   Well, Senator 

21    Borrello, according to the State Education 

22    Department, there are 12 schools, charter schools 

23    that are already authorized under the cap that 

24    have failed to open.  Those schools exist as 

25    legitimate schools under the current cap.  They 


                                                               1509

 1    haven't opened.

 2                 So while there may be, according to 

 3    some reports, demand for additional schools, 

 4    schools can and could open and have failed to do 

 5    so.

 6                 SENATOR BORRELLO:   Madam President, 

 7    on the resolution.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Borrello on the resolution.

10                 SENATOR BORRELLO:   Thank you, 

11    Senator Mayer, for your engagement today.

12                 You know, I think -- first and 

13    foremost, I will tell you that in my district we 

14    have no charter schools.  And I attribute that to 

15    our public education system, which I am a child 

16    of public school myself, doing a good job in 

17    educating our children.  And also providing the 

18    specialties, whether it be training in skilled 

19    trades, in applied sciences, that is required and 

20    really desired by the parents.

21                 So we don't have an issue where I am 

22    because our public schools are doing, quite 

23    frankly, just fine.  

24                 That's not the case, however, in 

25    New York City.  You know, we spend more per pupil 


                                                               1510

 1    than any other state in the nation -- twice the 

 2    national average.  So there's plenty of money.  

 3    It's not money.  It's about what are we doing to 

 4    ensure that there is accountability.  

 5                 And the fact is that the SUNY 

 6    charter schools have a good track record.  You 

 7    can certainly point to a few bad apples.  You can 

 8    in any situation.  Seventy-nine percent of 

 9    SUNY-authorized charter school students are from 

10    economically disadvantaged areas.  People that 

11    can't afford to send their child to a private 

12    school can benefit from a charter school.  Eighty 

13    percent of the students in SUNY-authorized 

14    charter schools outperform their districts of 

15    location in the mathematics; 81 percent 

16    outperform in reading and writing.  Forty-one 

17    SUNY-authorized charter schools are in the top 

18    10 percent of public schools statewide in 

19    mathematics.  And the statistics go on and on.

20                 I'm in business, and in business 

21    competition is good.  But in this case we're 

22    saying we don't really want any competition.  

23    Now, granted, you can even point to the fact in 

24    the study that the competition is actually good, 

25    that it is improving the quality of those public 


                                                               1511

 1    schools located near charters.  

 2                 So the question is, are we going to 

 3    do what's best for our kids or what's best for 

 4    special interests?  I certainly vote for what's 

 5    best for our kids.

 6                 So thank you, Madam President.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Helming.

 9                 SENATOR HELMING:   Thank you, 

10    Madam President.  

11                 I understand that we are running low 

12    on time, so in the interests of making sure my 

13    colleagues here have time to ask their questions, 

14    I'm going to limit my questions to Part F, 

15    article 20, on housing.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Kavanagh, do you yield?  

18                 SENATOR KAVANAGH:   Yes, 

19    Madam President.

20                 ACTING PRESIDENT PERSAUD:   The 

21    Senator yields.  

22                 SENATOR MURRAY:   Through you, 

23    Madam President.  Senator Kavanagh, thank you 

24    very much.

25                 You heard me say this during the 


                                                               1512

 1    budget hearing that I basically feel that the 

 2    Governor's housing compact points the finger at 

 3    local governments for a housing crisis that has 

 4    been decades in the making.  And I know the 

 5    budget resolution that's before us today makes 

 6    some changes to the Governor's housing compact.  

 7    But one thing that I didn't find changed is that 

 8    we are continuing to give the state government 

 9    the power to override local zoning.  

10                 The budget language continues to 

11    give DHCR the power to -- and I will read -- "to 

12    promulgate regulations, rules and policies 

13    related to land use by cities, towns and villages 

14    as it relates to the development of housing, 

15    included but not limited to."  It's very, very 

16    open-ended.

17                 I'm very concerned because I think 

18    our local governments understand better than 

19    anyone else that strengthening our communities to 

20    help local employers fill jobs and to attract new 

21    business investments all require affordable home 

22    ownership opportunities.  

23                 So I'm wondering why the Majority is 

24    giving this commissioner this unlimited and what 

25    appears to be unrestricted authority to override 


                                                               1513

 1    our local officials, to totally disregard 

 2    municipal home rule, and to decide these land-use 

 3    policies in my district and every other area of 

 4    the State of New York.

 5                 SENATOR KAVANAGH:   Thank you, 

 6    Madam President.

 7                 In the interests of time, I think 

 8    we'll not go down to the particular language that 

 9    my colleague is referring to and where it sits in 

10    the bill.  But just to say clearly this bill that 

11    is before us today that is included in the 

12    resolution does not include mandates or zoning 

13    overrides on localities.  

14                 And the language that my colleague 

15    is referring to does permit the Housing 

16    commissioner to set rules and standards for 

17    certain programs that are effectively 

18    discretionary.  

19                 The basic structure of what the 

20    Senate Majority is proposing today is that there 

21    are various incentives, and if localities meet 

22    certain targets, that the targets are similar to 

23    the targets set forth by the Governor, then they 

24    will have access to various incentives, including 

25    some financial incentives, some money that we're 


                                                               1514

 1    putting aside.  The Governor had proposed, for 

 2    example, $250 million in infrastructure funding 

 3    to support expansions of housing.  We are 

 4    doubling that to 500 million.

 5                 But again, although that language -- 

 6    you know, those budget bills have been put 

 7    together in the last couple of days, and that 

 8    language might sound like the commissioner can 

 9    mandate that localities do certain things on land 

10    use and other things.  That's just -- it is just 

11    not the case.  We have removed in this bill the 

12    mandate that localities change their zoning or 

13    meet building targets.

14                 SENATOR HELMING:   Thank you, 

15    Madam President.  If the sponsor will continue to 

16    yield.

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    sponsor yield?

19                 SENATOR KAVANAGH:   Happily, Madam 

20    President.  

21                 ACTING PRESIDENT PERSAUD:   The 

22    sponsor yields.

23                 SENATOR HELMING:   I understand that 

24    certain aspects have been removed -- the 

25    transit-oriented piece, the safe harbor status, 


                                                               1515

 1    et cetera.  

 2                 But I think that this language is 

 3    very clear that the commissioner still has the 

 4    ability, as it's written here in black and white, 

 5    to promulgate these rules, regulations and 

 6    policies that can in fact override local 

 7    decision-making.

 8                 So just to be clear, Senator 

 9    Kavanagh, are you saying that the commissioner 

10    absolutely has no authority to override land-use 

11    policy?  

12                 SENATOR KAVANAGH:   Through you, 

13    Madam President.  In the bill that is before us 

14    today and in the Senate resolution, we have 

15    expressly removed the notion that there are 

16    mandates that can be imposed that will require 

17    certain amounts of growth, as the Governor had 

18    proposed.  

19                 Basically the Governor -- as I think 

20    most people in this room know, the Governor had 

21    proposed certain growth targets and if you didn't 

22    meet those targets, then there were circumstances 

23    where the state could approve projects over the 

24    objections of the locality.  There's presumably 

25    going to -- you know, there are many people that 


                                                               1516

 1    think that would be a positive thing out in this 

 2    state.  But today that provision and the 

 3    provision that requires certain zoning actions 

 4    around transit stations have been removed by the 

 5    Senate from our resolution, and they've been 

 6    removed from this language.  

 7                 And yes, the Housing commissioner 

 8    does have an ability to promulgate regulations 

 9    about some of the provisions that are in this 

10    bill.  But in no case can the Housing 

11    commissioner overrule the local land-use 

12    restrictions of the locality under any provision 

13    of this bill.

14                 SENATOR HELMING:   Thank you, 

15    Madam President.  On the bill.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Helming on the bill -- on the resolution.

18                 SENATOR HELMING:   Thank you.

19                 Madam President, I feel very 

20    strongly that our local governments have made and 

21    continue to make a tremendous investment in 

22    adopting citizen-driven community plans and the 

23    corresponds zoning codes.  These plans take into 

24    consideration things that the state government 

25    may not be all too familiar with, whether it's 


                                                               1517

 1    preserving our natural resources, the character 

 2    of our community, et cetera.  

 3                 I do not support and don't think 

 4    that this body should be supporting state 

 5    government overreach or overriding local 

 6    decision-making.

 7                 Thank you, Madam President.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Murray.

10                 SENATOR MURRAY:   Thank you, 

11    Madam President.  

12                 I'd like to address the MTA area.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Krueger, do you yield?  

15                 SENATOR KRUEGER:   I do yield.

16                 ACTING PRESIDENT PERSAUD:   The 

17    Senator yields.

18                 SENATOR MURRAY:   Thank you, 

19    Madam President.  And good afternoon.  

20                 First let me start with what I guess 

21    would be somewhat good news, and that would be 

22    while we're happy to see that this proposal 

23    rejects the Governor's proposal to raise the MTA 

24    payroll tax, I'm a little confused as to why 

25    we're picking winners and losers in that we're 


                                                               1518

 1    also exempting local governments in Rockland, 

 2    Orange, Putnam and Dutchess counties from the 

 3    tax, but not Westchester or any of Long Island.

 4                 SENATOR KRUEGER:   Hi.  

 5                 Yes, those three counties use such a 

 6    tiny amount of MTA service that we decided that 

 7    it did not impact the overall financials and was 

 8    reasonable given the reality for those three 

 9    counties.

10                 SENATOR O'MARA:   Through you, Madam 

11    President, would the sponsor continue to yield?

12                 SENATOR KRUEGER:   Four counties, 

13    excuse me.  Four counties.  I misspoke.  

14                 I think there's 35 million in total 

15    for four counties.  

16                 SENATOR MURRAY:   Well, that just 

17    answered the next question, but so --

18                 (Laughter.)

19                 ACTING PRESIDENT PERSAUD:   Senator, 

20    do you yield?  

21                 SENATOR KRUEGER:   I do yield.

22                 ACTING PRESIDENT PERSAUD:   She 

23    yields.

24                 SENATOR MURRAY:   Thank you.  

25                 So do we have an estimate as to how 


                                                               1519

 1    much Westchester, Nassau and Suffolk are 

 2    currently paying?  

 3                 SENATOR KRUEGER:   No.  Although we 

 4    know that the overall MTA subsidy to Metro-North 

 5    and Long Island Rail Road is dramatically more 

 6    than the subsidy towards New York City 

 7    transportation.

 8                 SENATOR MURRAY:   Okay, thank you.

 9                 Moving on to -- as you said, 

10    we've -- we've -- well, let me clarify this 

11    first.  

12                 Madam President, through you, would 

13    the sponsor continue to yield.

14                 ACTING PRESIDENT PERSAUD:   Do you 

15    yield, Senator?  

16                 SENATOR KRUEGER:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    Senator yields.

19                 SENATOR MURRAY:   So I also want to 

20    clarify that in your proposal we are not 

21    eliminating the MTA payroll tax, other than those 

22    particular areas.  It will remain for everyone 

23    that's paying it now, with those exceptions, at 

24    0.34 percent, is that correct?  

25                 SENATOR KRUEGER:   That is correct.


                                                               1520

 1                 SENATOR MURRAY:   Okay.  Through 

 2    you, Madam President, would the sponsor continue 

 3    to yield.

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    sponsor yield?  

 6                 SENATOR KRUEGER:   Yes, I do.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.  

 9                 SENATOR MURRAY:   Thank you.

10                 So in addition, now, to that still 

11    remaining in place, we are now going to impose 

12    the corporate franchise tax surcharge, the 

13    Article 9A corporate franchise surcharge, and 

14    increase that from 30 to 45 percent, a 50 percent 

15    increase.  Can you tell me who exactly pays that 

16    surcharge?  

17                 SENATOR KRUEGER:   Corporations in 

18    the MTA region that are currently obligated to 

19    pay corporate franchise taxes.  This would be a 

20    supplemental increase in their cost.  I don't 

21    have a list of all the companies.  They tend to 

22    be the larger corporations.

23                 SENATOR MURRAY:   Thank you, 

24    Madam President.  Would the sponsor continue to 

25    yield.


                                                               1521

 1                 ACTING PRESIDENT PERSAUD:   Does the 

 2    sponsor yield?  

 3                 SENATOR KRUEGER:  Yes.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    sponsor yields.  

 6                 SENATOR MURRAY:   Actually -- and 

 7    this is taken from the New York State Tax 

 8    website -- you must file and pay the franchise 

 9    tax on general business corporations if you are a 

10    domestic corporation incorporated in New York 

11    State.  There are also other levels.  

12                 What this does now is this puts 

13    smaller businesses back into paying.  Years ago 

14    we eliminated the smaller businesses, about 

15    80 percent of those, from paying the MTA payroll 

16    tax.  This will now put them back in.  I know 

17    this because I am a small businesses owner and I 

18    will now be paying this under this proposal.  In 

19    fact, my accountant informed me I paid it 

20    yesterday.  

21                 So -- but are you aware, I guess, 

22    and -- two questions.  Are you aware that this 

23    will put small businesses back in?  And two, how 

24    much will this generate?

25                 SENATOR KRUEGER:   I'm sorry, could 


                                                               1522

 1    you repeat that?  I'm asking the question at the 

 2    same time you're asking me a question.

 3                 SENATOR MURRAY:   Sure.  Are you 

 4    aware that this would include the smaller 

 5    businesses?  And also how much do we anticipate 

 6    this new tax will -- or I should say new 

 7    surcharge will generate?  

 8                 SENATOR KRUEGER:   Now give me a 

 9    moment.  We'll do this in order.  (Pause.)

10                 So my understanding is that the PMT 

11    targets more the businesses based on how many 

12    workers they have, and that was what we're trying 

13    to override.  And that the corporate franchise 

14    tax impacts you based on how much money you're 

15    making.  

16                 So the good news I guess for you is 

17    you must be running a very successful business 

18    who has a decent amount of revenue and tax 

19    obligations.  So you might fall into this unique 

20    storyline of being -- you were exempted because 

21    you were small, but now we've learned that you 

22    actually make a lot of money -- and you've just 

23    told us that, thank you.  And congratulations.  

24    And so you would fall into some amount of 

25    corporate franchise tax on that revenue.  


                                                               1523

 1                 SENATOR MURRAY:   Madam President, 

 2    through you, would the sponsor continue to yield?  

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    sponsor yield?

 5                 SENATOR KRUEGER:   Yes, I do.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.  

 8                 SENATOR MURRAY:   First let me say 

 9    don't I wish.

10                 (Laughter.)

11                 SENATOR MURRAY:   Second, 

12    actually -- so for the corporate franchise tax 

13    you will pay a set amount.  There's a bottom, a 

14    floor that all of them incorporated will pay.  

15    Unfortunately, I fall more in that category.  It 

16    will increase as the revenue increases, but you 

17    will still be paying it, you will still feel 

18    this.

19                 So moving on, there's also now, on 

20    top of this, we are now also raising taxes on the 

21    so-called wealthy New Yorkers -- also, as I like 

22    to call them, job creators.  Can you tell me how 

23    much we will be generating from that increase of 

24    the personal income tax?  

25                 SENATOR KRUEGER:   If you fall into 


                                                               1524

 1    that category, also congratulations.  But what 

 2    are you doing here every day?

 3                 SENATOR MURRAY:   (Inaudible.)

 4                 (Laughter.)

 5                 SENATOR KRUEGER:   So it's 

 6    800 million on people whose taxable wage -- 

 7    taxable personal tax income is 5 million to 

 8    25 million.

 9                 SENATOR MURRAY:   Thank you.  

10                 Madam President, would the sponsor 

11    continue to yield.  

12                 ACTING PRESIDENT PERSAUD:   Does the 

13    sponsor yield?

14                 SENATOR KRUEGER:   Yes.

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.  

17                 SENATOR MURRAY:   First let me say 

18    that they must have missed a lot of loopholes, 

19    because 800 million's a lot of money.

20                 But then finally in this proposal we 

21    also have other revenue sources -- for example, 

22    the casino money, the proposed downstate casino.  

23    If I'm not mistaken, would -- if it's located in 

24    New York City, that's 100 percent goes to the 

25    MTA.  If outside, it would be 70 to 80 percent, 


                                                               1525

 1    is that correct?  

 2                 SENATOR KRUEGER:   Yes.  What we 

 3    kept in was the licensing fees.  So it would be 

 4    if a -- there are three new casinos expected.  If 

 5    they are in New York City, 100 percent of those 

 6    licensing fees would go to the MTA.  

 7                 If they are outside New York City 

 8    but in the downstate region, blah, blah, blah, it 

 9    would be 20 percent -- 20 percent of their 

10    local -- of the licensing going to the locality, 

11    80 percent going to the MTA.  

12                 And obviously we don't know which -- 

13    where those licenses will be at.

14                 SENATOR MURRAY:   Madam President, 

15    would the sponsor continue to yield to one more 

16    question.

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    sponsor yield?  

19                 SENATOR KRUEGER:   Absolutely.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR MURRAY:   Thank you.  

23                 And do you have an estimate on how 

24    much that would generate, the casino license?  

25    Although I know it's a rough estimate, depending 


                                                               1526

 1    upon the location.

 2                 SENATOR KRUEGER:   So the floor for 

 3    each license is $500 million, but it can go up 

 4    from there.

 5                 So to be honest, I would like it to 

 6    be as large an amount as humanly possible, even 

 7    though I'm not big on casinos.

 8                 SENATOR MURRAY:   Finally -- I 

 9    apologize, Madam President, would the sponsor 

10    yield for one final question.

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?

13                 SENATOR KRUEGER:   Sure.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR MURRAY:   One last question.  

17                 So is there anything in this 

18    proposal, any ideas of how the MTA can be more 

19    efficient?  We're throwing a lot of money at 

20    them.  Are there any -- any proposals, any ideas 

21    in this proposal that would make them more 

22    efficient?

23                 SENATOR KRUEGER:   So we've also 

24    agreed with the Governor in her budget for them 

25    to come up with $400 million in efficiencies.  


                                                               1527

 1                 I am personally open to any other 

 2    proposals you or any of your colleagues might 

 3    have on how to save more money.  

 4                 But of course the reality is they've 

 5    had a huge hit in ridership since COVID started, 

 6    and that has generated literally a crisis for 

 7    them of being able to have enough operating 

 8    revenue not to cut services.  

 9                 And I think we all agree that -- 

10    especially in the downstate region -- that if the 

11    MTA starts to cut services, trains or buses on 

12    Long Island, New York City, Westchester, that 

13    that will be a travesty to each of our 

14    communities and to the overall state economy.

15                 So I believe that we need to help 

16    save them.  We need to make sure they're not 

17    cutting services.  In fact, we believe they need 

18    to be expanding services.  So we have to come up 

19    with money.

20                 I'm extremely agnostic, personally, 

21    on how we do that.  So if you have other 

22    suggestions about how to come up with new revenue 

23    on a recurring basis to help the MTA stay alive, 

24    I'm very open to hearing that.  

25                 And if you actually have proposals 


                                                               1528

 1    for how Long Island Rail Road can save money, I'm 

 2    very interested in hearing that also.  Because 

 3    again, when I look at the data, I always get a 

 4    little irked that as a New York City resident I'm 

 5    paying so much more for Long Island Rail Road 

 6    passengers than I'm able to get for my own 

 7    New York City residents.  

 8                 So you want to help save us money 

 9    down there -- out there?  That's great.

10                 SENATOR MURRAY:   Thank you, 

11    Madam President.  On the resolution.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Murray on the resolution.

14                 SENATOR MURRAY:   Thank you.  And 

15    thank you, Senator.  

16                 And I will take you up on that 

17    suggestion, because myself and our entire 

18    conference just sent a letter to the Comptroller 

19    asking for a forensic audit of the MTA because 

20    everywhere we have seen, every single year, it is 

21    the same thing, the tales of woe, oh, my gosh, we 

22    need so much more money, we're going broke, we 

23    can't afford this, we can't afford that.  It's 

24    always a fiscal crisis.  Yet we throw money at 

25    them left and right.  


                                                               1529

 1                 We are -- under this proposal, we 

 2    are not taking on an increase of the MTA payroll 

 3    tax, although keeping most of it in place, but 

 4    then finding other revenue sources, whether it's 

 5    the PIT increase, whether it's the Article 9A 

 6    corporate franchise surcharge to bring in 

 7    millions and millions of dollars, the casino 

 8    money -- and congestion pricing, let's not forget 

 9    about that.  That's going to come in, estimated 

10    to bring another billion dollars into the black 

11    hole of the MTA.  

12                 Meanwhile, every single smaller 

13    audit that's been conducted -- you mentioned 

14    something about the Governor and the 400 million.  

15    The Comptroller just did an audit three weeks ago 

16    that says "The MTA must hold up its end of the 

17    bargain and identify how it's going to save 

18    100 million this year and more than 400 million 

19    annually to stay afloat and avoid impacts to 

20    services in the future."  

21                 A week prior to that, an audit on 

22    the MTA Bus Company and New York Transit says:  

23    "Notably, for the audit period maintenance costs 

24    totaled more than 50 million, nearly 9 million 

25    over budget."


                                                               1530

 1                 When we talk about projects, 

 2    construction projects, the Second Avenue subway 

 3    project, the most expensive in the world, 

 4    estimated at $2.5 billion per mile.  Meanwhile a 

 5    similar project in Paris, 450 million per mile.  

 6    Over 2 billion more per mile we are spending or 

 7    throwing away.

 8                 We continue to throw money, and we 

 9    simply can't afford it anymore, whether it's 

10    businesses or whether it's individuals.  When we 

11    waive the -- or I should say exempted the local 

12    governments in the other counties, Nassau and 

13    Suffolk County taxpayers are paying -- by the 

14    way, if you're a Nassau County resident or any 

15    MTA resident, your cellphone, you're paying the 

16    MTA payroll tax on that bill every month too.  

17                 We pay all over the place.  We're 

18    now paying taxes to the local government to pay 

19    taxes.  When we hear things like surcharge -- 

20    surcharge is the word for double taxation.  A 

21    surcharge is what you put on a tax.  So when 

22    we're talking about the corporate franchise 

23    surcharge, we're talking about a charge on top of 

24    the tax they're already paying.

25                  When is enough enough?  Let's stand 


                                                               1531

 1    up and hold them accountable rather than throwing 

 2    more tax dollars into the black hole of the MTA.  

 3                 For this reason, I'll be voting no.  

 4    Thank you.

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Martins.

 7                 SENATOR MARTINS:   Thank you, 

 8    Madam President.  If Senator Krueger would yield 

 9    for a few questions.

10                 ACTING PRESIDENT PERSAUD:   Does the 

11    Senator yield?  

12                 SENATOR KRUEGER:   Sure.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Senator yields.

15                 SENATOR KRUEGER:   Unless the topic 

16    is someone else's assignment.  What's the topic?

17                 SENATOR MARTINS:   MTA.

18                 SENATOR KRUEGER:   Okay, fine. 

19                 SENATOR MARTINS:   So I picked 

20    right.

21                 (Laughter.)

22                 SENATOR MARTINS:   Senator, you 

23    mentioned earlier that this resolution was the 

24    goals, the wishes and the dreams of the 

25    Democrat Conference in the New York State Senate.  


                                                               1532

 1    And I want to confirm whether it's the goals, 

 2    wishes and dreams of the Democrat Senate 

 3    Conference that the municipalities and taxpayers 

 4    who fund those municipalities in Nassau, Suffolk 

 5    and Westchester counties continue to pay the MTA 

 6    payroll tax to the exclusion of the other 

 7    counties within the MTA region.  

 8                 Is that your goals, wish and dream 

 9    for the residents of Nassau County, Suffolk 

10    County and Westchester County?  

11                 SENATOR KRUEGER:   Would you mind if 

12    my colleague who oversees the MTA, Leroy Comrie, 

13    answers for me?  

14                 SENATOR MARTINS:   Of course.  Not 

15    at all.  

16                 Thank you, Senator Comrie.  

17                 SENATOR COMRIE:   Through you, 

18    Madam President, no.  

19                 (Laughter.)

20                 SENATOR MARTINS:   Thank you.  

21                 Thank you, Madam President.  If the 

22    Senator would continue to yield.

23                 SENATOR COMRIE:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    Senator yields.


                                                               1533

 1                 SENATOR MARTINS:   I very much 

 2    appreciate that response, Senator Comrie, and I 

 3    thank you for that.

 4                 And yet I am faced with the reality 

 5    that the resolution does in fact continue to 

 6    require the good residents of Nassau County and 

 7    Suffolk County and Westchester County only to 

 8    continue to pay through their municipalities a 

 9    payroll tax that has been excluded from every 

10    other county within the MTA region outside of 

11    New York City.

12                 So I would ask you if your answer is 

13    in fact that it is not your goal, wish and dream 

14    that that be the case.  Frankly, are you 

15    suggesting that that also be removed from 

16    resolution?  

17                 SENATOR COMRIE:   No.

18                 SENATOR MARTINS:   Madam President, 

19    I have no further questions.  Thank you.

20                 SENATOR COMRIE:   Well, let me -- 

21    let me just illuminate a little further.  

22                 Our goal is to make sure that every 

23    resident that utilizes the system pays into the 

24    system and that the system also is, down the 

25    road, able to service all of New York State in a 


                                                               1534

 1    better way.

 2                 Right now, there's an acknowledgment 

 3    that the folks in Western New York are not major 

 4    participants in the system.  Unfortunately, they 

 5    have to also use New Jersey Transit.  And for 

 6    right now, this is a temporary solution, but it 

 7    is not a permanent solution.  We want to be able 

 8    to provide better service to Western New York 

 9    residents so that they could be part of the MTA 

10    system.  But right now this is a temporary 

11    solution.  

12                 We hope to be able to make sure that 

13    every resident in New York State can have better 

14    access to the MTA, better usage of the system, 

15    and that the system frankly will be able to 

16    provide more transportation to have less 

17    vehicular transportation into the city.  But 

18    right now, unfortunately, the reality is that 

19    Long Island folks who are being subsidized over 

20    50 percent of the fare are the highest users in 

21    the system.  

22                 SENATOR MARTINS:   Madam President, 

23    if the -- Senator Comrie would continue to yield.

24                 ACTING PRESIDENT PERSAUD:   Will the 

25    Senator yield?


                                                               1535

 1                 SENATOR COMRIE:   Yes, I'll yield.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Senator yields.

 4                 SENATOR MARTINS:   Senator, if I'm 

 5    correct, those counties in the MTA region north 

 6    of Westchester County are currently paying the 

 7    MTA payroll tax, correct?  

 8                 SENATOR COMRIE:   Correct.

 9                 SENATOR MARTINS:   And the MTA 

10    payroll -- Madam President, through you, if the 

11    Senator will continue to yield.  

12                 SENATOR COMRIE:   Yes, I yield.

13                 SENATOR MARTINS:   We're told that 

14    the MTA is in need of funding.

15                 SENATOR COMRIE:   Correct.  And I 

16    just want to illuminate a question that the other 

17    Senator said.  

18                 We are all very suspicious of the 

19    MTA's ability to save money in our last hearing 

20    that we just held regarding the MTA.  And we've 

21    been asking them for a second forensic audit.  

22    There was one that was completed in 2019.  

23                 And we have been pushing for more 

24    transparency.  We've been pushing for a database 

25    of deals to make sure that the MTA can illuminate 


                                                               1536

 1    how they're spending their money.  And we're 

 2    going to continue as a Democratic conference to 

 3    push for other ways, and hopefully with the 

 4    support of both sides, to make sure that the MTA 

 5    is doing more in transparency to show how they're 

 6    spending their money.  

 7                 They promised the $400 million 

 8    savings, as was said earlier, with 100 million to 

 9    be shown this year.  But we agree with the 

10    Comptroller that they need to do more to make 

11    sure that they're illuminating how they're 

12    spending their money, because we want to make 

13    sure that all of our New York State residents 

14    have faith in the MTA so that they can utilize 

15    the system.

16                 SENATOR MARTINS:   Thank you, 

17    Madam President.  And thank you, Senator Comrie.  

18                 Madam President, on the resolution.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Martins on the resolution.

21                 SENATOR MARTINS:   I'll be brief, 

22    and I just want to be clear.  

23                 To the extent that the Senate 

24    Majority decided to exclude those counties 

25    outside -- the municipalities in those counties 


                                                               1537

 1    outside -- or north of Westchester and continue 

 2    to require those municipalities in Nassau, 

 3    Suffolk, and Westchester counties to continue to 

 4    pay a payroll tax that is not tied to people's 

 5    use of the system but tied only to the fact that 

 6    they are geographically located within a certain 

 7    region and are municipalities -- that means that 

 8    they are funded by taxpayers.  That is taxpayers 

 9    paying into a municipality and then having to pay 

10    that tax to the MTA.  

11                 I find it, frankly, incredible that 

12    we would exclude and understand that there is a 

13    need to exclude certain counties and certain 

14    municipalities, and yet continue to impose that 

15    same tax on those municipalities and those 

16    taxpayers in my county, in counties of others -- 

17    Nassau, Suffolk and Westchester -- and frankly 

18    Senators on both sides of the aisle would have to 

19    explain that as well.

20                 Madam President, that's why I'm 

21    voting no.  Thank you.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Mattera.

24                 SENATOR MATTERA:   Thank you, 

25    Madam President.  


                                                               1538

 1                 Would the sponsor -- or 

 2    Senator Parker, would you yield to a couple of 

 3    questions, please.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Parker, do you yield?

 6                 SENATOR PARKER:   Yes, 

 7    Madam President, I will yield.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Senator yields.  

10                 SENATOR MATTERA:   And thank you, 

11    Chairman.  

12                 And I just want to say we've had 

13    some lengthy discussions and, you know, the open 

14    dialogue has been great.  But I do have a lot of 

15    concerns about this proposal.  And my one 

16    question -- a couple of questions.  

17                 How did you decide on six stories or 

18    less when the Climate Action Council scoping plan 

19    and Executive proposal is using the threshold of 

20    three stories or less, commercial and 

21    residential?  

22                 SENATOR PARKER:   Thank you, Senator 

23    Mattera.  Through you, Madam President.

24                 As we know, the Senate is a 

25    deliberative body.  And what we are seeing in 


                                                               1539

 1    this particular document that we are discussing 

 2    today is the Democratic Conference's hopes and 

 3    dreams and vision for what a budget should look 

 4    like within the context of a three-way process.

 5                 When we started examining the issues 

 6    around climate change and some of the things that 

 7    we have to engage in in order to both reach our 

 8    goals, reduce our carbon output in the state, 

 9    buildings of all sorts -- residential, 

10    commercial, skyscrapers, buildings that we find 

11    on farms, small businesses -- all need to be 

12    retrofitted and reduce their carbon output in 

13    order for us to reach the goals that are very 

14    lofty in the context of the CLCPA.  

15                 We tried to create a consistency 

16    between how we dealt with retrofitting and some 

17    of the electrification of buildings and what 

18    we're looking at in terms of new construction and 

19    where we'd like to see buildings go in the 

20    future.

21                 And so, again, these goals that are 

22    reached here are within the context of the 

23    legislation that we're putting forward around 

24    electrification of buildings.

25                 SENATOR MATTERA:   Did you get a 


                                                               1540

 1    chance to reach out to all the --

 2                 ACTING PRESIDENT PERSAUD:   Are you 

 3    asking the sponsor to yield?  

 4                 SENATOR MATTERA:   Oh, I'm sorry.  

 5    Would the sponsor continue to yield, please.

 6                 ACTING PRESIDENT PERSAUD:   Does the 

 7    sponsor yield?

 8                 SENATOR PARKER:   Yes, 

 9    Madam President, I will yield.

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.

12                 SENATOR MATTERA:   Did you reach out 

13    to all utilities to make sure the grid will be 

14    ready in time, especially now that we have a date 

15    of 2024?  

16                 SENATOR PARKER:   Madam President, 

17    through you.  The grid is actually up and running 

18    right this minute.  I'm not sure if everybody 

19    noticed, the lights are on.  I'm not sure if 

20    anybody has heard anything from any of their 

21    constituents.  But the grid is up and working.  

22                 The grid is almost a living 

23    organism, right?  It has, you know, electrical 

24    pulses through it almost like our nervous system, 

25    and requires upkeep.  And the upkeep of the 


                                                               1541

 1    state's grid has to happen whether we passed the 

 2    CLCPA, whether we created a scoping plan, whether 

 3    we do anything around carbon change.  If we do 

 4    nothing, the grid has to be upgraded -- the grid 

 5    has to be maintained, the grid has to be 

 6    improved.  Those things have to happen.

 7                 The increased move towards 

 8    electrification of the state is going to require 

 9    some upgrading of the grid, as it is going to 

10    require the upgrading of technology on all types 

11    of levels.  And so that has been an ongoing 

12    conversation, at least with myself and utilities.  

13    We did not have a specific conversation about 

14    this.  But when I have talked to the major 

15    utilities in the State of New York, they are 

16    ready.

17                 Now, there is some work that we need 

18    to do around cooperatives, right, and smaller 

19    utilities.  And certainly I've had some 

20    conversations with them and hope to be able to 

21    put forward some legislation soon to be able to 

22    help them with their technological needs.  But 

23    the utilities are ready.

24                 SENATOR MATTERA:   Through you, 

25    Madam President, would the sponsor continue to 


                                                               1542

 1    yield.

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    sponsor yield? 

 4                 SENATOR PARKER:   I do yield, 

 5    Madam President.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    sponsor yields.

 8                 SENATOR MATTERA:   And I thank you.

 9                 Does this proposal prohibit the 

10    installation of gas stoves in new construction, 

11    residential and commercial?

12                 SENATOR PARKER:   So again, in the 

13    context of this one-house budget -- which is to 

14    in part prepare us for the CLCPA, which we have 

15    already passed, and we have to start working 

16    towards those goals.  Part of what we're looking 

17    at is making sure that in the context of new 

18    construction that we are putting developers in a 

19    sure place of understanding what we -- what their 

20    expectations and goals should be to fit within 

21    the context of the CLCPA.  

22                 And so we want to limit anything 

23    that deals with producing more carbon in the 

24    state.  And so the electrification of buildings 

25    is again a proposal that we are advancing in our 


                                                               1543

 1    one-house proposal.  It is something that the 

 2    Governor has put forward in her Executive Budget.  

 3                 And so we think that there is some 

 4    consistency and some understanding that dealing 

 5    with buildings -- again, which is one of the 

 6    biggest carbon producers in the state -- has to 

 7    be a priority if we're going to get to the end 

 8    goal 27 years from now of the CLCPA, which is 

 9    getting the state to net zero as it relates to 

10    carbon production in our state.

11                 SENATOR MATTERA:   Through you, 

12    Madam President, would the sponsor continue to 

13    yield.  

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    sponsor yield?

16                 SENATOR MATTERA:   So you are 

17    saying --

18                 SENATOR PARKER:   Madam President, I 

19    do yield.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.  

22                 SENATOR MATTERA:   Oh, I'm sorry.  

23                 So you are saying that you won't be 

24    able to, in any new building -- is that true with 

25    restaurants, then, that are in these buildings?  


                                                               1544

 1    Because you do have a lot of buildings that you 

 2    have your retail, then apartments above.  So you 

 3    are saying that they won't be able to have 

 4    restaurants -- gas in restaurants?

 5                 SENATOR PARKER:   So is it feasible 

 6    not to have restaurants have gas stoves?  So, you 

 7    know, it will depend on what the developer wants 

 8    to do in those particular cases.  

 9                 But if you have a -- if you are 

10    building a restaurant in a new construction, 

11    going forward under our proposal you would be 

12    able to have some gas in that place.  

13                 Again, our goal is net zero, not 

14    absolute zero.  

15                 SENATOR MATTERA:   Through you, 

16    Madam President, would the sponsor continue to 

17    yield.

18                 ACTING PRESIDENT PERSAUD:   Does the 

19    sponsor yield?

20                 SENATOR PARKER:   The sponsor does 

21    continue to yield.  

22                 ACTING PRESIDENT PERSAUD:   The 

23    sponsor yields.

24                 SENATOR MATTERA:   So you are saying 

25    that in a restaurant, new construction, you will 


                                                               1545

 1    be able to have natural gas in that building?  

 2                 SENATOR PARKER:   Again, in the 

 3    context of both the CLCPA -- our goal is net 

 4    zero, not absolute zero.  Right?  Just like, you 

 5    know, when you get your paycheck, they have gross 

 6    pay and net pay.  Right?  And net doesn't include 

 7    all the things that gross includes, right?  

 8                 So in this particular case, it's 

 9    just net.  Right?  And so even as you heard 

10    the -- one of the people who helped lead the 

11    process in the scoping plan, President Doreen 

12    Harris this morning, who attended our Energy 

13    Committee meeting, there will be some gas allowed 

14    within the context of both the scoping plan and 

15    within the context of the plan that we're putting 

16    forward here in the one-house budget.

17                 SENATOR MATTERA:   Through you, 

18    Madam President, would the sponsor still continue 

19    to yield.

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield? 

22                 SENATOR PARKER:   Yes, 

23    Madam President, I continue to yield.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               1546

 1                 SENATOR MATTERA:   Chairman, 

 2    Senator, I am very, very concerned.  I am a 

 3    United Association of Plumbers & Pipefitters 

 4    member, and right now the jobs lost that are 

 5    going to be in this industry -- and not just with 

 6    the union, union workers with the plumbing and 

 7    HVAC workers, but even in the nonunion sector has 

 8    been coming to me and they are very, very 

 9    concerned about the jobs that are going to be 

10    lost.

11                 And I'm going to ask you, what are 

12    you going to do to help these jobs regain 

13    traction in the future?

14                 SENATOR PARKER:   Again, within the 

15    context of the CLCPA, within the context of the 

16    cap-and-invest that we're talking about here, 

17    we're expecting to spend numbers of billions of 

18    dollars.  Some of that is going to be retraining 

19    of workers around the state for the new jobs.  

20                 Transforming our economy into a 

21    clean energy economy is not just a challenge but 

22    a real opportunity.  We're going to be literally 

23    spending billions of dollars to transform our 

24    economy.  And so we're going to be moving away 

25    from fossil fuels like oil, like gas, like wood 


                                                               1547

 1    and moving towards things like solar and battery 

 2    storage and ground thermal.  And we will be 

 3    doing, you know, offshore wind, onshore wind.  

 4    Right?  Things that we may not have even thought 

 5    of yet.  You know, hopefully somebody's working 

 6    on an ARC reactor somewhere in their basement 

 7    that will one day create some, you know, 

 8    full-time jobs at a living wage with benefits 

 9    with.  Right?  

10                 And so we need to retrain people.  

11    And we are committed to that work, at least here 

12    in the Democratic Conference of the State Senate, 

13    is retraining people for the jobs of the future.  

14    And it doesn't mean that every job around 

15    pipefitting is going to disappear, but the type 

16    of energy we're going to be using is going to 

17    change.  And so we're going to need more people 

18    in areas like, you know -- so we may not need as 

19    many pipefitters but we're going to need a lot 

20    more electricians.  Right?  We're going to need a 

21    bunch of carpenters and people who know how to do 

22    work on retrofitting homes.  

23                 So, in net, there will be actually 

24    more jobs in the new economy than the old fossil 

25    fuel economy.  And so I'm actually excited.  It's 


                                                               1548

 1    going to be a transition, and we understand the 

 2    word "transition."  A transition means there will 

 3    be some pain and some discomfort.  But that's why 

 4    they pay us the big bucks, to help manage and 

 5    massage our communities through this process in 

 6    which we go from this old, not sustainable 

 7    economy to a clean energy economy in which people 

 8    don't have to have asthma, where people have 

 9    full-time jobs at a living wage with benefits, 

10    where people's energy bills are lower, and where 

11    the sun is always shining on the great State of 

12    New York.

13                 (Laughter.)

14                 SENATOR MATTERA:   Through you, 

15    Madam President, would the sponsor continue to 

16    yield.  I know we don't -- we haven't much time, 

17    and I just would like to talk to you -- would you 

18    please continue to yield?  

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    sponsor yield? 

21                 SENATOR PARKER:   Yes, Madam 

22    President, I yield. 

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR MATTERA:   So pretty much 


                                                               1549

 1    what I got out of this is that the pipefitters, 

 2    the plumbers and the HVAC workers are going to 

 3    have to become electricians.  That's I'm getting 

 4    out of this.  

 5                 And I would hope that you were going 

 6    to say that in other words we're going to be 

 7    looking at the hydrogen -- you didn't mention 

 8    hydrogen for our future -- because that will be 

 9    protecting the pipefitters and the steamfitters 

10    and boilermakers and a lot of the trades that are 

11    going to be losing their jobs.  Because when we 

12    do a project, 25 percent of the project is with 

13    our natural gas, our propane and everything like 

14    that.

15                 So you're pretty much saying to me 

16    that "You're going to have to revamp and become 

17    an electrician"?

18                 SENATOR PARKER:   What I'm saying to 

19    you is that there are going to be a great deal of 

20    jobs created in this new -- sorry.  Through you, 

21    Madam President.  

22                 That in the context of our version 

23    and our vision around cap-and-invest that there 

24    will be a new clean energy economy created in the 

25    State of New York, and that we will be leaving 


                                                               1550

 1    behind a dirty fossil fuel, foreign-fuel- 

 2    dependent economy behind us.  And in that there 

 3    will be a transition in which the State of 

 4    New York is committed to and dedicated to and is 

 5    fully able to do that.

 6                 And we will work very -- very 

 7    closely, as we have always, with our brothers and 

 8    sisters in the labor movement, to make sure that 

 9    full-time jobs at a living wage with benefits are 

10    created.  In fact, we expect that 211,000 jobs 

11    will be created in the clean energy economy by 

12    2030, and almost 270,000 jobs created by 2050.

13                 And so there are a lot of jobs that 

14    are going to be created.  And we're going to need 

15    to in fact train people in all types of new areas 

16    in industries that are going to be created in the 

17    State of New York.  But the state is poised to do 

18    that.  

19                 The cap-and-invest program is -- 

20    actually, part of it is actually training, and so 

21    we've actually looked at the training, we've 

22    looked at the jobs that are going to be created.  

23    We are, you know, excited about the fact that 

24    we're going to be able to put more New Yorkers to 

25    work.  And again, it may not look exactly like 


                                                               1551

 1    the work that they did before, but there will be 

 2    work.  

 3                 And again, every time we 

 4    transition -- I mean, at some point we went from 

 5    wood houses to stone houses.  And you know what?  

 6    I'm sure there were carpenters who were upset, 

 7    right, but we didn't stop building stone houses 

 8    because it was a better structure.  Right?  And 

 9    so that was an important part -- that was an 

10    important part of, again, the progress that we're 

11    going to make.  And as we advance as a society 

12    it's going to be critical for us to look at that.

13                 And so in particular, we have the 

14    Cornell Climate Jobs Institute that is actually 

15    working on this transition and, again, part of 

16    our proposal today.  Right?  

17                 And so as you vote yes today on this 

18    proposal, you'll be voting for a new energy 

19    economy.  And not only will you be doing that, 

20    you will be voting for lower energy bills for 

21    your constituents, more jobs for your 

22    constituents, and buildings that are warmer in 

23    the winter and cooler in the summer because we've 

24    invested in New York and into a green energy 

25    economy.


                                                               1552

 1                 SENATOR MATTERA:   Through you, 

 2    Madam President, just one more question and then 

 3    I'm going to speak on the bill.

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    sponsor continue to yield?

 6                 SENATOR MATTERA:   Would you yield, 

 7    please?

 8                 ACTING PRESIDENT PERSAUD:   Does the 

 9    sponsor --

10                 SENATOR PARKER:   I'm thinking.  I'm 

11    thinking.  

12                 (Laughter.)

13                 SENATOR PARKER:   All right, yes, 

14    I'll yield for another -- for one more question.  

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR MATTERA:   All right.  Does 

18    this exemption for emergency backup power apply 

19    to all types of buildings and residential 

20    customers?

21                 SENATOR PARKER:   I'm sorry, can -- 

22    I'm sorry, through you, Madam President, can you 

23    repeat the question one more time?  

24                 SENATOR MATTERA:   Yes.  Does -- is 

25    there an exemption for emergency backup power 


                                                               1553

 1    applied to all types of buildings and residential 

 2    customers?  Meaning do we have a backup if, God 

 3    forbid, like what happened in Buffalo, we had the 

 4    storm and everything like that.  

 5                 Is this going to be exempt also, 

 6    that they can't have a backup generator system 

 7    if, God forbid, we have a hurricane down by me or 

 8    just what happened in Buffalo?

 9                 SENATOR PARKER:   Madam President, 

10    through you.  In the context of the CLCPA, the 

11    state scoping plan, and what we're -- what the 

12    Democratic Conference of the State Senate is 

13    putting forward today in our one-house budget 

14    resolution, there's not going to be exemptions 

15    needed.  Right?  There won't be exemptions 

16    needed, right, even though exemptions will be 

17    provided.  But exemptions won't be needed because 

18    part of what we do when we build systems 

19    generally is resiliency and redundancy.  Right?  

20                 And so those things are built into 

21    our plan, right?  So that -- so, yes, there will 

22    be some exemptions.  But the reality is that 

23    you're hoping to build systems that within the 

24    context of having a sustainable system is 

25    actually resilient and redundant on its own.  


                                                               1554

 1    Does that make sense?  

 2                 And so you're not just coming in and 

 3    doing solar, you're doing solar, wind and battery 

 4    storage.  So that we have, you know, solar coming 

 5    in during the day, wind at night, and battery 

 6    storage to back you up.  Right?  That's an 

 7    example of the kind of redundancies that are 

 8    built into sustainable systems.  Right?  

 9                 And so even if you don't have an 

10    exemption, you have redundancies that in fact 

11    build in built-in reliability.  And that's more 

12    built-in reliability than you have now.  Right?  

13    Because understand this, the example that you're 

14    using is an example built under the current old 

15    fossil fuel system that doesn't have the 

16    resiliency and doesn't have the redundancy and 

17    has people freezing in their homes with no 

18    electricity under the current system.

19                 And so unless that holds up the 

20    current system like it's some -- it's some model 

21    of the perfection that we're tampering with -- 

22    here's a current system that's built on fossil 

23    fuels that at the moment when people needed it 

24    the most failed them in Buffalo.  And we are no 

25    longer going to stand up, you know, for failure.  


                                                               1555

 1    We're going to make sure that something in 

 2    Buffalo works and, you know, and make sure that 

 3    the system -- I was going to make a Bills joke 

 4    but I don't want Tim to jump off the seat on me.  

 5                 But, you know, we're going to make 

 6    sure that people in the State of New York have a 

 7    system that works for them and that has built-in 

 8    redundancies, right?  And I think that's an 

 9    important part of what you continue to see in 

10    systems.  So as we build this new energy economy, 

11    the notions and the values that we hold on to in 

12    the current system -- things like, you know, 

13    reliability, right, resiliency, affordability, 

14    safety -- are going to be part of what we build 

15    as we go forward.

16                 SENATOR MATTERA:   Thank you.

17                 On the resolution, Madam President.

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Mattera on the resolution.  

20                 SENATOR MURRAY:   You know, this is 

21    a total mandate for all New Yorkers that are not 

22    aware of what's going on and what's happening to 

23    them financially.  This message has not been out 

24    enough.  And we even said it with NYSERDA today 

25    in our Energy meeting.  Plumbers, HVAC workers 


                                                               1556

 1    are going to lose their jobs.  Employers are 

 2    going to be going and losing their workers and, 

 3    you know what, losing their trade.  

 4                 This proposal is way too aggressive, 

 5    especially in 2024.  Like I said before today in 

 6    our NYSERDA meeting, the cart before the horse.  

 7    By 2023 you're not going to be able to purchase a 

 8    boiler, a water heater, stove, oven, dryer.  

 9    Guess what's going to happen, everybody?  They're 

10    going to have -- the surrounding states are going 

11    to have plumbing supplies and they're going to 

12    have appliance stores.  And you know what?  

13    That's what's going to happen with New Yorkers:  

14    They're going to be going and replacing them.

15                 Again, this is the cart before the 

16    horse.  New Yorkers deserve better.  Yes, 

17    renewable energy is very important.  I'm praying 

18    that, in other words, we're going to have a great 

19    show at Brookhaven National Lab in Stony Brook on 

20    April 12th so everybody could understand how 

21    green hydrogen is very, very important, because 

22    we need all kinds of renewable energy for our 

23    New York State future.

24                 Our infrastructure right now with 

25    our grid is antiquated, especially on 


                                                               1557

 1    Long Island, and I know it's in other places in 

 2    New York State.  We need to make sure that 

 3    infrastructure's put in place first and then we 

 4    can continue doing what we have to do with 

 5    renewable energy.

 6                 So one thing that my chairman 

 7    probably is not going to like what I'm about to 

 8    say, we need a plan and we do not need a ban.  

 9                 So, Madam President, today I will be 

10    voting no on this resolution.  Thank you.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Gianaris.

13                 SENATOR GIANARIS:   Madam President, 

14    just for my colleagues' edification, we are past 

15    the time limit on this debate, and my 

16    understanding is there's one more member of the 

17    Minority that has questions.  

18                 So in the interests of allowing a 

19    robust debate and discussion, we will allow 

20    Senator Ashby to ask his questions, and then we 

21    will close the debate after that.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Ashby.

24                 SENATOR ASHBY:   Thank you, 

25    Madam President.  


                                                               1558

 1                 My question regards mental health.  

 2    So would the appropriate Senator yield?

 3                 ACTING PRESIDENT PERSAUD:   Mental 

 4    health.  Senator Krueger will yield.

 5                 SENATOR KRUEGER:   I'll just wait 

 6    for staff to show up, if you don't mind.

 7                 ACTING PRESIDENT PERSAUD:   If you'd 

 8    just wait one minute.  

 9                 SENATOR KRUEGER:   Madam President, 

10    before I let the questioner ask his questions, I 

11    just want to just -- my colleague Senator Comrie 

12    answered the final MTA questions, and I just 

13    wanted to say my colleagues made it sound like 

14    that Long Island didn't want to have to pay 

15    towards the MTA because we allowed four counties 

16    that don't get any service not to pay.  

17                 I guess Long Island could pull out 

18    and do their own services.  I don't think that's 

19    what they would want to do.  I know the 

20    Senate Democrats would never vote Long Island off 

21    the island, so to speak.  But that is actually an 

22    alternative, if they want to go home and explain 

23    we don't really like the MTA, so we're pulling 

24    out.  

25                 But I'm not really sure that that's 


                                                               1559

 1    what everyone intends here.  

 2                 And I'm happy to answer the 

 3    questions on mental health.

 4                 SENATOR ASHBY:   Thank you.  

 5                 Regarding the Dwyer Peer-to-Peer 

 6    funding, I notice that in this one-house it's not 

 7    expanded and it's flat.  And this is a program 

 8    that's had tremendous success throughout the 

 9    years and has been expanded throughout New York 

10    State.  And I'm wondering if you could provide 

11    some rationale.

12                 SENATOR KRUEGER:   You're right, 

13    apparently the Governor did basically leave that 

14    program flat this year, and we did not increase 

15    it.  

16                 But I don't think there's a 

17    disagreement with you that there's a program 

18    that's very important within the realm of so many 

19    other mental health programs we are trying to 

20    expand.

21                 SENATOR ASHBY:   Through you, 

22    Madam President, would the Senator continue to 

23    yield.

24                 SENATOR KRUEGER:   Yes.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               1560

 1    Senator yields.

 2                 SENATOR ASHBY:   If we're in 

 3    agreement, then why -- why -- why the flat 

 4    funding for it?  If we agree that it's a 

 5    successful program and it benefits the veterans 

 6    and their families in New York State, then why 

 7    are we not seeing an increase?

 8                 SENATOR KRUEGER:   To my 

 9    understanding it was expanded by $3 million last 

10    year.  The continued expansion will take place.  

11    It was not pulled out in order to be -- need to 

12    be restored.  

13                 So it was one of the things that did 

14    not get on an add list.  Many programs did not 

15    get on an add list.  Truthfully, if you look 

16    through our document, you will see an enormous 

17    number of restorations, trying to put back monies 

18    that the Governor actually cut out of programs.  

19    But that did not obviously leave room for us to 

20    increase every imaginable good program in 

21    New York.

22                 SENATOR ASHBY:   Through you, 

23    Madam President, would the sponsor continue to 

24    yield.  

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               1561

 1    sponsor yield?

 2                 SENATOR KRUEGER:   Certainly.  

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.  

 5                 SENATOR ASHBY:   Considering that 

 6    the war in Afghanistan ended in a way that I 

 7    think affected a lot of people, especially the 

 8    people that served and their families, and 

 9    considering that our state recently elevated the 

10    Division of Veteran Services to a state agency, 

11    I'm not quite understanding why it just wasn't 

12    increased.  

13                 I mean, that rationale just doesn't 

14    compute with me.  It doesn't make any sense, 

15    considering that the men and women of New York 

16    State, the veterans and their families, continue 

17    to put their lives on the line -- and considering 

18    what they went through with the COVID pandemic -- 

19    that this was just somehow overlooked.  

20                 And I'm hoping that you would agree 

21    that this is worth pushing for and that we -- 

22    that you would commit to seeing an increase in 

23    it, along with the other veterans funding in the 

24    budget in the coming weeks.

25                 SENATOR KRUEGER:   I'm very happy to 


                                                               1562

 1    work with you on that possibility for the -- for 

 2    those funds.  

 3                 I will say that we did a number of 

 4    things throughout the resolution to expand 

 5    programs and services for veterans and that the 

 6    state has actually been building a more and more 

 7    robust model of programs and services for the 

 8    large number of veterans.  Because of course 

 9    you're absolutely right.  We have been in 

10    multiple wars in the last few years, and we have 

11    growing numbers of people who are not just 

12    veterans but aging veterans, so they are also 

13    drawing down, as they should be, on both our 

14    healthcare services, our mental health care 

15    services, and our programs for the people who are 

16    aging in our state.  

17                 So I don't think that simply looking 

18    at one or two programs that might specifically be 

19    for veterans only is reflective of our commitment 

20    to the healthcare system, mental health care 

21    system, aging programs and also, frankly, housing 

22    for veterans.  I know I come from the City of 

23    New York where we worked very, very hard over the 

24    last few years to a commitment to not have any 

25    homeless veterans in New York City.  Have we been 


                                                               1563

 1    completely successful?  I fear not.  But we 

 2    actually made a huge dent in making sure that if 

 3    you are a veteran and you are in New York City, 

 4    you are not going to go homeless.  

 5                 So I think when you look at the 

 6    broader question of the entirety of funding and 

 7    commitments to programs in this state, you will 

 8    see that we've actually been significantly 

 9    growing the availability of programs and 

10    services.

11                 But I'm happy to learn more about 

12    the Dwyer program and talk to you about it 

13    afterwards.

14                 SENATOR ASHBY:   Thank you, 

15    Madam President.  On the resolution.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Ashby on the resolution.

18                 SENATOR ASHBY:   I agree with the 

19    Senator in that we are taking a larger 

20    opportunity here, with the division being 

21    elevated to a state agency.  

22                 But I feel like this body is missing 

23    an opportunity in the sense of putting meat on 

24    the bones for programming for our veterans.  When 

25    we look at the State of New Jersey, for 


                                                               1564

 1    example -- which has roughly half the veterans 

 2    that our state has, and they provide three times 

 3    the funding.

 4                 Now, we can stand here and say that 

 5    we are putting forth a novel effort here, but 

 6    clearly it's not enough.

 7                 Thank you, Madam President.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    debate is closed.

10                 Call the roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Rivera on the resolution.

14                 SENATOR RIVERA:   Thank you, 

15    Madam President.

16                 I was disappointed that no more 

17    follow-up questions happened regarding Coverage 

18    for All, so I'll just briefly talk about why it 

19    is one of the many reasons why I'm voting for 

20    this resolution today.

21                 First of all, undocumented 

22    New Yorkers are still human, they're still 

23    people, they still get sick.  And the fact is 

24    that right now the State of New York is spending 

25    about $500 million on emergency Medicaid for just 


                                                               1565

 1    these folks.  I would ask any of my colleagues 

 2    who's interested to find out what that means for 

 3    your county.  I actually have a list county by 

 4    county by county to tell how much we're spending 

 5    right now on these folks on emergency Medicaid.  

 6                 And Coverage for All would actually 

 7    take these individuals and extend to them, 

 8    Madam President, the ability to add the Essential 

 9    Plan.

10                 Now, in the case of, as I spoke -- 

11    as I talked about before, we were talking about a 

12    $1.7 billion appropriation.  But I should 

13    mention -- and this is why I wanted to make sure 

14    that I spoke about it and made clear, that would 

15    be, Madam President, if every single person who 

16    is potentially eligible actually signed up for 

17    the program.  And we all know that there is no 

18    government program in which every single person 

19    who is eligible actually applies.  

20                 So in other words we're making the 

21    appropriation just in case if there's a hundred 

22    percent.  But -- and I should mention this 

23    again -- if we seek, as I hope we do, the federal 

24    waiver, that will actually cost us nothing.  So 

25    we actually have an ability to go out and find 


                                                               1566

 1    coverage for these individuals.  

 2                 And this is moving our state in the 

 3    direction that we should be moving.  Which is 

 4    where?  To make sure that healthcare as a human 

 5    right is guaranteed to every single person in the 

 6    State of New York.  

 7                 So I am very proud to be supporting 

 8    that part of the budget and that part of the 

 9    one-house as well as everything else.  I think we 

10    did a good job here.  

11                 I vote in the affirmative.  Thank 

12    you, Madam President.  

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Addabbo on the resolution.

15                 SENATOR ADDABBO:   Thank you, 

16    Madam President.

17                 Good afternoon, everybody.

18                 I want to thank my leader, Andrea 

19    Stewart-Cousins, I want to thank Senator Krueger, 

20    I want to thank the staff for, again, their 

21    efforts here on this resolution, which I will be 

22    supporting.  

23                 Because I do support most aspects of 

24    it, including the Belmont project and loan.  I 

25    think that project alone is a job creator, over 


                                                               1567

 1    4,000 union jobs, with an MWBE component.  It 

 2    creates a safer, more environmentally friendly 

 3    track site.  And it's certainly an economic 

 4    growth and fiscal positive, fiscally, for the 

 5    state: $80 million in interest from the loan, a 

 6    billion-dollar give-back from the Aqueduct Track.  

 7    And again, the continuing economic growth that 

 8    would exist at that site.

 9                 The other language in the reso, the 

10    educational funding, the pushback on SUNY and 

11    CUNY tuition increases, advances for childcare, 

12    veterans, seniors -- I mean, there's a lot of 

13    good stuff here.  

14                 But to do my job effectively for my 

15    people, I do need to raise some concerns that I 

16    have and I share with my constituency, that of 

17    public safety.  I do believe that we need to work 

18    on realistic measures that may possibly include a 

19    conversation around bail or discovery or a 

20    judge's discretion or illegal gun violence.  

21                 Because we should not be a body that 

22    reacts to statistics and crime, we shouldn't 

23    react to an increase, but we should be 

24    preventative.  We should be preventative and 

25    increase public safety.  So I hope we have those 


                                                               1568

 1    kind of robust discussions.  

 2                 In dealing with housing I think we 

 3    need to have, again, a discussion that benefits 

 4    both tenants and landlords.  Good tenants and 

 5    good landlords.  I believe that we are falling 

 6    short when we talk about good cause, which I 

 7    think actually hurts tenants because I think it 

 8    creates a lot of animosity between landlords and 

 9    tenants.  I think it actually does hurt the 

10    availability of available spots for tenants going 

11    forward, and it really overburdens our already 

12    congested housing court.

13                 But instead, we should talk about 

14    projects that, again, benefit everyone, short 

15    term and long term, housing projects and 

16    developments that are truly affordable for the 

17    residents of New York.

18                 I do look forward to working with 

19    all my colleagues as we look to improve the lives 

20    of not only my constituents, but those of 

21    residents throughout the state.

22                 Thank you, Madam President.  I'll be 

23    voting in the affirmative.  

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Stec on the resolution.


                                                               1569

 1                 SENATOR STEC:   Thank you, 

 2    Madam President.  I rise to explain my vote.

 3                 This, your conference's one-house 

 4    budget, simply spends far too much -- 

 5    $236 billion, 9 billion over the Governor's 

 6    proposal, 14 billion over the current year.  

 7    That's a 6.5 percent increase year to year.

 8                 Everyone's tired of hearing me talk 

 9    about our state budget being more than Texas and 

10    Florida combined.  Maybe it's stale, maybe it's 

11    that they're red states in the South.  So how 

12    about this?  California.  Twice the population, 

13    $308 billion.  We're 236.  Per capita, we spend 

14    one-and-a-half times in your budget that 

15    Californians do.  

16                 This one-house resolution continues 

17    the Majority's obsession to put criminals over 

18    victims.  It ignores the failed cashless bail 

19    reforms.  It ignores reforming HALT.  And in fact 

20    it implements Clean Slate.  

21                 Almost $2 billion for healthcare for 

22    illegal immigrants.  That $2 billion could be 

23    money better spent in many other places.  

24                 It fails our seniors by failing to 

25    address the looming financial crisis in our 


                                                               1570

 1    nursing homes and the Medicaid reimbursement.

 2                 At the end of the day, our taxpayers 

 3    have to pay this bill.  And if they don't pay it, 

 4    if they choose not to pay it, they're going to 

 5    continue to leave.

 6                 I'll be voting in the negative.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Brouk on the resolution.

 9                 SENATOR BROUK:   Thank you, 

10    Madam President.

11                 Thank you to our leadership and my 

12    colleagues.  For too long New York has overlooked 

13    the needs of working families across our state, 

14    which has not only put undue strain on our mental 

15    health system, our healthcare providers and more, 

16    but also has put some of our most vulnerable 

17    residents at risk.  

18                 Now, we've all said it; we know that 

19    a budget is a reflection of our values.  And 

20    that's why I'm proud to stand here today as the 

21    New York State Senate says loud and clear that we 

22    value paying our mental health workforce a 

23    dignified wage so that they can afford to support 

24    their families while they help take care of ours.  

25                 That it supports transforming our 


                                                               1571

 1    mental health crisis response system and finally 

 2    honoring the memory of Daniel Prude -- because in 

 3    our most vulnerable moments, we deserve to be met 

 4    with compassion and care, not violent force.

 5                 Expanding access to doula care and 

 6    addressing the maternal mortality crisis so that 

 7    birthing people and especially Black women, who 

 8    are at a higher risk of dying in childbirth, can 

 9    receive this care as they bring life into this 

10    world.  

11                 Increasing Medicaid reimbursements 

12    for our healthcare providers to finally begin to 

13    address the overcrowding we all see in our 

14    emergency rooms and our hospitals.  

15                 Investing in our upstate communities 

16    through updates to the AIM program so that cities 

17    like the City of Rochester have the support they 

18    need to invest in their residents and build safer 

19    and more resilient communities.

20                 And finally, but certainly not 

21    least, prioritizing our next generation by 

22    funding Early Intervention and career and 

23    technical education programs.

24                 Today this Senate continues to make 

25    the long-overdue investments that our communities 


                                                               1572

 1    deserve and put forward a progressive and 

 2    equitable budget for New Yorkers.  For this 

 3    reason, I proudly vote aye.

 4                 Thank you.

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Weber on the resolution.

 7                 SENATOR WEBER:   Thank you, 

 8    Madam President.

 9                 Today I rise to explain my vote and 

10    to speak about the good, the bad, and the ugly in 

11    this one-house budget resolution.  

12                 We're finally living up to our 

13    promise to fully fund Foundation Aid.  I think 

14    that's something we can all agree upon.  We are 

15    answering the call for help from the mental 

16    hygiene agencies, raising the proposed COLA from 

17    2.5 percent to 8.5 percent -- again, something 

18    that I think we all can agree upon.

19                 Now we get to the bad.  The 

20    Governor's budget includes minor changes to bail 

21    reform.  I didn't think her changes went far 

22    enough, but it was good to see her acknowledge 

23    the problems that bail reform has created.  I 

24    hear from my constituents every day regarding 

25    this.  


                                                               1573

 1                 The budget strips these minor 

 2    changes.  This will continue to make our 

 3    neighborhoods less safe and puts our law 

 4    enforcement officials in current danger.  

 5    Furthermore, this one-house budget includes the 

 6    Clean Slate Act, which is just more pro-criminal 

 7    legislation.  

 8                 Now for the ugly.  This one-house 

 9    budget proposes to spend $9 billion more than the 

10    Governor's already excessive proposal, bringing 

11    the budget from 227 billion to 236 billion, more 

12    than the states of Texas and Florida combined.

13                 If this one-house budget is passed, 

14    it will see an increase in total spending by 66 

15    billion more than 2019 levels.  That's a 

16    staggering 39 percent increase in our state 

17    budget in just four years.  

18                 You know, Madam President, I was 

19    born at night, but I wasn't born last night.  

20    I've been a CPA in New York State for over 

21    30 years.  I've been a CFO for a small business 

22    for 20 years.  I know sound budget practices.  

23    This isn't it.  This is unsustainable.  It's 

24    reckless.  It's irresponsible.  

25                 Right now the bad and the ugly in 


                                                               1574

 1    this one-house budget outweigh the good.  We have 

 2    to do better.  We must do better.  

 3                 You know, the goals, wishes and 

 4    dreams of the residents of Rockland are to have 

 5    lower taxes.  Their goals, wishes and dreams are 

 6    to have safe neighborhoods.  Their goals, wishes 

 7    and needs are to prioritize families rather than 

 8    prioritizing felons.  

 9                 For these reasons, I'm voting no on 

10    this resolution.  Thank you very much.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Sepúlveda on the resolution.

13                 SENATOR SEPÚLVEDA:   Thank you for 

14    allowing me to speak on this resolution.

15                 There seems to be an effort on 

16    behalf of my colleagues -- who I respect -- on 

17    the other side to sort of paint this as soft on 

18    crime.  They're stretching and cherry-picking 

19    stats to justify their position on bail reform 

20    when we know, when you look at the data, bail 

21    reform has been successful.  

22                 And if there is a crisis of public 

23    opinion, it's because my colleagues on the other 

24    side have created that crisis.

25                 But let's talk about public opinion.  


                                                               1575

 1    So one of my colleagues indicated that we also 

 2    have the court of public opinion.  Well, 

 3    53 percent of Americans believe that we should 

 4    have some form of gun control.  

 5                 Gun control {sic} is the biggest 

 6    purveyor of violence in our state.  We don't make 

 7    guns in New York State; southern states bring 

 8    them in here.  But 53 percent of Americans say we 

 9    should have some form of gun control, and our 

10    colleagues on the other side oppose any sensible 

11    measure of gun control.  

12                 Ninety percent of Democrats and 

13    70 percent of Republicans believe that we should 

14    have some form of background checks, yet we 

15    cannot get our colleagues on the other side to 

16    come to the table and create sensible 

17    legislation.

18                 Another one of my colleagues talked 

19    about let's do what's best for our kids.  Let's 

20    do what's best for our kids.  Well, guess what.  

21    What's the number-one killer of kids in our 

22    state?  Guns.  Families with guns in their house.  

23    Number-one killer of children under 10 years old.  

24                 So if you want to talk about solving 

25    crime, let's be serious.  Let's talk about 


                                                               1576

 1    reducing the number-one purveyor of crime in this 

 2    state, violent crime, and that's guns.  

 3                 So we invite you to join our 

 4    conference, sit down and let's talk about 

 5    sensible gun laws so that we can decrease the 

 6    violence that comes to our families.

 7                 There is also some discussion about 

 8    increasing us allowing undocumented immigrants to 

 9    participate in the healthcare program.  Some of 

10    my colleagues, in what I call an inhumane way, 

11    continue to refer to them as illegal aliens.  

12    People are not illegal, and you dehumanize 

13    someone when you refer to them as illegal.

14                 But let's talk about the realities, 

15    because we seem to miss this point.  They talk 

16    about the expense of including them in this 

17    program, but they fail to mention that in 2019 -- 

18    and probably 2020, 2021 -- that undocumented 

19    immigrants have contributed over $5 billion to 

20    our tax rolls.  

21                 And you look at the numbers, the 

22    information we gave you in our conference, in 

23    material:  $1.6 billion is for New York State.  

24    So if you calculate, if you do your basic 

25    calculations, over the last two years 


                                                               1577

 1    undocumented immigrants have contributed over 

 2    $10 billion to the coffers of New York State and 

 3    the federal government.

 4                 And so remember, these were the 

 5    people who kept your house clean during the 

 6    pandemic.  These were the people who put their 

 7    lives at risk every single day because they had 

 8    to go to work.  These were the people that 

 9    cleaned the subways and cleaned the nursing homes 

10    and cleaned some of your homes.

11                 ACTING PRESIDENT PERSAUD:   Sorry, 

12    Senator Sepúlveda, how are you voting?

13                 SENATOR SEPÚLVEDA:   I will vote 

14    proudly in the affirmative.  And I enjoin our 

15    colleagues on the other side to join us for 

16    sensible gun legislation and to respect our 

17    undocumented immigrants.

18                 Thank you.

19                 ACTING PRESIDENT PERSAUD:   Thank 

20    you, Senator.  

21                 Senator Rhoads on the resolution.

22                 SENATOR RHOADS:   Thank you, 

23    Madam President.  I'm less concerned about the 

24    hopes and dreams of the Democratic Conference and 

25    more concerned about the hopes and dreams of the 


                                                               1578

 1    constituents that we all represent.  

 2                 And I can't imagine that the hopes 

 3    and dreams of those constituents would include an 

 4    increase in the state spending over just the last 

 5    five years of nearly $70 billion.  As though that 

 6    money comes from the air.  That money comes from 

 7    taxpayers.  

 8                 The residents that I want -- the 

 9    area residents that I represent want a safe 

10    community.  This budget doesn't make us any 

11    safer.  This budget makes us less safe -- with 

12    Clean Slate, with removing reasonable reforms to 

13    bail reform restoring judicial discretion to give 

14    judges, the people who are elected, the ability 

15    to make decisions as to whether someone is a risk 

16    and needs to be kept in jail or held on bail.

17                 In fact, taking away the ability of 

18    criminals, the accused, to get access to 

19    diversion programs.  Because if they never get 

20    before a judge, they can't go to a drug diversion 

21    program, they can't go to other programs that are 

22    available to them -- mental health programs.

23                 They want a budget that keeps our 

24    communities prosperous.  We're not getting that.  

25    What we're getting are corporate franchise 


                                                               1579

 1    surcharges, MTA payroll taxes, unemployment tax 

 2    increases, surcharges on businesses, congestion 

 3    pricing -- all making it more expensive for 

 4    businesses to do business in this state.

 5                 New York State, by the way, ranks 

 6    49th, according to CNBC, in business 

 7    friendliness.  Meanwhile, 70 percent of the jobs 

 8    are created by small businesses.  Yet we're 

 9    making it harder for those small businesses to be 

10    able to afford to stay in business in this 

11    budget.  

12                 My residents also want a better 

13    quality of life.  And we're not providing them a 

14    better quality of life in this budget.  And while 

15    there have been some modifications to the 

16    Governor's housing proposal, what's still in the 

17    housing proposal are goals, goals which in 

18    Nassau County would create an additional 

19    1.5 million housing units in Nassau County alone, 

20    doubling the county's population if just one 

21    person lived in each of those houses.

22                 ACTING PRESIDENT PERSAUD:   Excuse 

23    me, Senator Rhoads, how do you vote?  

24                 SENATOR RHOADS:   Thank you, 

25    Madam President.  While this might be slightly 


                                                               1580

 1    different -- 

 2                 ACTING PRESIDENT PERSAUD:   How do 

 3    you vote, Senator?

 4                 SENATOR MAYER:   I vote in the 

 5    negative, and thank you.  While this --

 6                 ACTING PRESIDENT PERSAUD:   Thank 

 7    you, Senator.

 8                 SENATOR RHOADS:   -- this budget may 

 9    be slightly different --

10                 ACTING PRESIDENT PERSAUD:   Thank 

11    you, Senator.

12                 SENATOR RHOADS:   -- it is no 

13    better.  Thank you.  

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Harckham on the resolution.

16                 SENATOR HARCKHAM:   Thank you very 

17    much, Madam President.  I want to thank our 

18    Majority Leader, Andrea Stewart-Cousins, for 

19    bringing this resolution to the floor.  

20                 There are a lot of very positive 

21    things for our constituents in here.  I want to 

22    touch upon a couple of really bold environmental 

23    initiatives, and I'm so grateful they were 

24    included.  And one of them will actually address 

25    some of the questions my good friend Senator 


                                                               1581

 1    Mattera had about what are we doing with jobs.

 2                 If you look in the section and read 

 3    under the cap-and-invest -- our response to the 

 4    Governor's cap-and-invest program, she is very 

 5    vague in her language, the Governor.  So we as a 

 6    conference put in guardrails around a lot of 

 7    things, and there's a big component that we 

 8    negotiated with the AFL-CIO and the building 

 9    trades very closely around job transition.  And 

10    it's a critical component.  Job protection, PLAs, 

11    prevailing wage.  And also on the transition to 

12    retirement for folks who may be along in their 

13    career.  There are a lot of good things in it.  I 

14    encourage you to read it.

15                 The other thing I would point out, 

16    we're talking about, you know, losing boilers and 

17    furnaces.  In the free market, before New York 

18    State has done anything, electric heat pumps have 

19    been outselling gas furnaces and boilers on the 

20    free market for the last three years.  So the 

21    marketplace is going toward electric heat pumps 

22    before New York has ever done anything.

23                 So that's the Climate and Community 

24    Protection Fund.  It puts on guardrails and it 

25    tells us where we should spend our money in 


                                                               1582

 1    conjunction with the CLCPA goals:  To our 

 2    environmental justice communities, to 

 3    decarbonizing our environment, and to labor 

 4    transition.

 5                 I also want to thank the Majority 

 6    Leader for including the Packaging Reduction and 

 7    Recycling Act.  Our taxpayers and our 

 8    municipalities are literally drowning in garbage, 

 9    and the cost.  This bill alone will save New York 

10    taxpayers and municipalities over $200 million a 

11    year.  I'm very grateful it's in here.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Harckham, thank you.  How do you vote?

14                 SENATOR HARCKHAM:   I vote aye.  

15    Thank you, Madam President.

16                 ACTING PRESIDENT PERSAUD:   I would 

17    just like to remind all members that you have two 

18    minutes to explain your vote.  Thank you.

19                 Senator Chu.

20                 SENATOR CHU:   Thank you, 

21    Madam President.  

22                 I would like to take this moment to 

23    emphasize the urgent needs of AAPI communities.  

24    AAPI is the fastest-growing community in 

25    New York.  However, one in four AAPI members live 


                                                               1583

 1    in poverty.  And that is why I have to say the 

 2    current resources and infrastructure cannot meet 

 3    the needs of our AAPI families.  

 4                 In the past three years, when the 

 5    pandemic hit, we saw a 400 percent increase in 

 6    hate crimes and discrimination against our AAPI 

 7    families.  And even just two weeks ago we saw an 

 8    unacceptable hate crime attack in Queens still.

 9                 While many of the AAPI families 

10    suffer from these targeted hate crimes, struggle 

11    to survive from the insufficient support for 

12    adult literacy, rising -- the high-rising 

13    unemployment rate and food insecurity, over a 

14    hundred local organizations throughout New York 

15    State, they stepped up and carried those needy 

16    families with their language support and the 

17    cultural competence.  

18                 And that is the reason why I have to 

19    emphasize to all my colleagues here in this 

20    chamber, across both aisles, how important it is 

21    for our resolution to get passed and to include 

22    the AAPI equity budget support so that we can 

23    recognize and address the needs of the AAPI 

24    community.

25                 And for this reason, I vote aye.  


                                                               1584

 1                 Thank you, Madam President.

 2                 ACTING PRESIDENT PERSAUD:   Thank 

 3    you.

 4                 Senator Ryan.

 5                 SENATOR RYAN:   Thank you, 

 6    Madam President.  

 7                 There is so much in this budget to 

 8    be pleased with.  We have increased funding for 

 9    upstate transit through STOA.  We restore funding 

10    for university-based research centers, to the 

11    Centers for Excellence.  We restore the Restore 

12    New York grant that really helps upstate cities.  

13    We made the third and final payment of Foundation 

14    Aid to districts who were shortchanged throughout 

15    the years.  We eliminated the 2030 date for the 

16    replacement of gas furnaces.  We restored and 

17    increased funding for refugee resettlement, which 

18    are a huge economic driver for our upstate 

19    communities.  

20                 I had hoped for more for upstate 

21    tenants and will continue to work with the 

22    Housing chair to make sure that upstate tenants 

23    have access to high-quality courts where the 

24    judges are actually lawyers.  

25                 We have a housing quality problem in 


                                                               1585

 1    upstate, and we have many, many towns with no 

 2    building inspectors, so we need to make sure that 

 3    we have building inspectors throughout the state.  

 4                 And we need to find more funding to 

 5    protect upstate tenants who are being evicted for 

 6    nonpayment of rent.

 7                 So, Madam President, with these many 

 8    compliments and a couple of concerns, I proudly 

 9    vote in the affirmative.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Brisport.

12                 SENATOR BRISPORT:   Thank you, 

13    Madam President.

14                 You know, those who have been 

15    listening to Governor Hochul's speeches over the 

16    past year might be under the impression that our 

17    childcare sector has been stabilized by a 

18    $7 billion investment, which unfortunately could 

19    not be further from the truth.  

20                 The $7 billion figure she mentions 

21    is four years worth of funding, most of which 

22    exists only as an IOU.  And what the Governor 

23    doesn't bring up is that she in fact negotiated 

24    against childcare funding in last year's budget.  

25                 So one year later, the few childcare 


                                                               1586

 1    providers left operating in our state are still 

 2    largely working for poverty wages and struggling 

 3    to keep their doors open.  Families are 

 4    desperately scrambling to get their names on 

 5    childcare waiting lists because the majority of 

 6    New Yorkers are living in childcare deserts.  

 7                 Experts in the field have testified 

 8    on how wildly inadequate last year's budget truly 

 9    was and how devastating Governor Hochul's new 

10    budget proposal would be for the collapsing 

11    sector.  

12                 While the alternative that we're 

13    voting on today does not, in my opinion, do 

14    enough to fully address the crisis, it does make 

15    meaningful investments and would dramatically 

16    improve the lives of families and childcare 

17    providers throughout our state.  

18                 So I want to make absolutely sure 

19    that everyone watching here today understands the 

20    situation.  If the final State Budget has even 

21    one dollar less of childcare funding than this 

22    one-house budget proposal, it will mean that once 

23    again Governor Hochul actively negotiated against 

24    the childcare sector she publicly claims to 

25    champion.  


                                                               1587

 1                 Some might wonder why the Governor 

 2    would push back on something as broadly popular 

 3    and economically vital as childcare funding.  The 

 4    answer to that actually explains a lot about her 

 5    proposal.  Governor Hochul has made a calculation 

 6    that her political future depends more on 

 7    maintaining the support of millionaires and 

 8    billionaires than on meeting the needs of the 

 9    entire rest of the state.  Her top priority seems 

10    to be protecting tax breaks for the very 

11    wealthiest New Yorkers.  

12                 We cannot allow the ultra-rich to 

13    continue manipulating laws and tax policy to 

14    hoard greater and greater amounts of wealth.  It 

15    is time to break their chokehold on our 

16    democracy.  

17                 Madam President, I vote aye.  

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Martins.

20                 SENATOR MARTINS:   Thank you, 

21    Madam President.  

22                 I will be voting no, as I've 

23    mentioned earlier.  But I just wanted to make a 

24    couple of points.  

25                 One, the sheer scope of spending in 


                                                               1588

 1    this bill over and above last year, $14 billion, 

 2    and yet we're not able to find in those 

 3    $14 billion increases year over year a sum of 

 4    money that will offset the impacts to Nassau, 

 5    Suffolk and Westchester counties with regard to 

 6    the payment of the MTA payroll tax.

 7                 We heard earlier that there was a 

 8    concern about violence, and gun violence in 

 9    particular.  And I for the record did vote for 

10    the SAFE Act.  And so there are people on this 

11    side of the aisle who do believe in gun control.  

12                 But yet I don't hear anything from 

13    the Majority, in this bill or otherwise, that 

14    deals with the real scourge when it comes to 

15    death in our communities, and children in 

16    particular, which is overdose and drug overdoses 

17    and fentanyl, increasing the penalties for crimes 

18    and holding people accountable for those 

19    crimes -- including, on the bail reforms, 

20    allowing for those violent drug dealers to be 

21    held accountable when there are obviously 

22    consequences.

23                 Lastly, we had a conversation 

24    earlier about the MTA payroll tax, and we had a 

25    question about whether or not Nassau and Suffolk 


                                                               1589

 1    counties and Westchester County should rightfully 

 2    have to continue to pay those taxes when there 

 3    have been exemptions made for others in New York 

 4    State, Madam President.  

 5                 And then the suggestion was made 

 6    that perhaps Long Island would want to leave.  

 7    Now, I originally thought that the concern we had 

 8    from the Majority was one of poor public policy, 

 9    and so we were questioning that in the spirit of 

10    that debate.  But if the question is whether or 

11    not Long Island should leave because -- that just 

12    becomes personal.  

13                 And, Madam President, the message 

14    that that sends to the residents, the taxpayers 

15    of Nassau, Suffolk and Westchester County is more 

16    than clear, that when they're treated unfairly 

17    when it comes to a one-house budget, they should 

18    just shut up and sit down.

19                 ACTING PRESIDENT PERSAUD:   How do 

20    you vote, Senator Martins?  

21                 SENATOR MARTINS:   Madam President, 

22    I vote no.  Thank you.

23                 ACTING PRESIDENT PERSAUD:   Thank 

24    you.  

25                 Senator Skoufis.


                                                               1590

 1                 SENATOR SKOUFIS:   Thanks very much, 

 2    Madam President.  

 3                 And my thanks to Senator Krueger for 

 4    her endurance, and our Majority Leader for 

 5    guiding us to this point and really collecting us 

 6    as a geographically and ideologically diverse 

 7    conference and bringing us together in support of 

 8    this resolution.

 9                 And there is a lot to support in 

10    this resolution, from continued significant 

11    investments in education, including continued 

12    expansion of universal pre-K in every corner of 

13    the state, finally beginning to recognize that 

14    despite the comments of some of my good 

15    colleagues across the aisle, that the four 

16    counties north of Westchester and west of 

17    Westchester are underserviced.  We have one track 

18    in Orange County.  We just built a third track on 

19    Long Island.  We have one track in Orange County.  

20    We have no trains, and we pay the same fees, the 

21    same tax.  We finally begin to address that 

22    inequity.  

23                 And we certainly begin to rein in 

24    the Orange County IDA, which is an agency in my 

25    district that is so far off the rails you can't 


                                                               1591

 1    even see the rails anymore.

 2                 So there's a lot to support in this 

 3    document.  I'm proud to support it.  But 

 4    certainly with any large resolution like this, 

 5    there are come concerns.  Certainly I wish we 

 6    would have done and I hope we will do more around 

 7    public safety.  

 8                 And I do have a very deep concern 

 9    about good cause eviction, which is included in 

10    this one-house budget.  And specifically, look, 

11    this is -- the housing crisis, which most of us 

12    agree is a crisis, is a crisis of supply.  It's a 

13    crisis of stock.  And we do have to intelligently 

14    build more housing in a smart growth way with a 

15    smart growth approach.

16                 Good cause eviction will do the 

17    exact opposite.  Ninety-eight percent of 

18    economists -- there was a poll done a number of 

19    years ago from the IGM Forum, which is a big 

20    collection of some of the top economists in this 

21    country.  Only 2 percent of them, when surveyed 

22    about price controlling in housing, believe it is 

23    smart public policy and helpful to the housing 

24    crisis -- 2 percent.  

25                 I believe the 98 percent who have 


                                                               1592

 1    concerns, they have concerns because this would 

 2    impede supply.  What developer, what landlord is 

 3    going to go out and be encouraged to increase 

 4    supply when you've got these kind of price 

 5    controls?  They won't.

 6                 And so I do hope --

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Skoufis.

 9                 SENATOR SKOUFIS:   -- we can 

10    continue working on this. 

11                 ACTING PRESIDENT PERSAUD:   How do 

12    you vote?

13                 SENATOR SKOUFIS:   I do, however, 

14    vote aye.

15                 Thank you, Madam President.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Martinez.

18                 SENATOR MARTINEZ:   Good morning, 

19    Madam President.  

20                 And thank you, everyone, for 

21    bringing this budget to the floor today.

22                 As lawmakers we face challenging 

23    times every single year, and this year is no 

24    exception.  Despite the budgeting constraints, as 

25    an educator I am pleased to see the funding that 


                                                               1593

 1    was allocated to our school districts.  

 2    Regardless of zip codes, our students will have 

 3    the potential to have education that is topnotch.  

 4                 As chair of Local Government, I 

 5    would like to thank my colleagues for amending 

 6    the housing proposal submitted by the Governor.  

 7    I heard from many elected officials across the 

 8    state regarding the critical need to preserve 

 9    local authority.  

10                 We understand there is a housing 

11    crisis which is multifaceted, and we need to take 

12    a smart approach towards that.  But we also need 

13    to maintain a continuation of conversation where 

14    we can talk to everyone and still have a balanced 

15    decision.  

16                 Local governments expressed serious 

17    concerns about the Medicaid shift and how this 

18    would affect our districts.  We are very proud 

19    that we were allocating money to prevent that 

20    cost shift from happening to our districts and 

21    also saving our local governments $626 million in 

22    doing so.  

23                 We also heard from constituents, 

24    election officials and law enforcement officials 

25    throughout the state regarding amending bail.  


                                                               1594

 1    Even though I know it's not in this budget, I 

 2    remain hopeful and willing to work with 

 3    leadership and my colleagues to address the 

 4    concerns of New Yorkers who are feeling less 

 5    safe.  

 6                 But we also need to dispel some of 

 7    the myths and the fearmongering that has taken 

 8    place across bail reform.  We can have justice 

 9    and we can have public safety together, and they 

10    both should coexist.  

11                 I would also like to thank my 

12    colleagues for listening and agreeing to reject 

13    the new payroll mobility tax.  This is a proposal 

14    that hurts suburban communities across the state 

15    and Long Island.  In times of economic 

16    uncertainties like the ones we face in this 

17    post-pandemic era, with high inflation and an 

18    imminent downturn, we should do everything in our 

19    power to promote job security for our 

20    constituents.  

21                 The increase of the MTA tax would do 

22    precisely the opposite and will add more pressure 

23    to small businesses, which are already struggling 

24    from the pandemic.  

25                 The MTA has a history of failing to 


                                                               1595

 1    meet customer expectations and continues to 

 2    request additional funding without addressing the 

 3    underlying service and operational issues.  

 4    Instead of seeking additional funding, the MTA 

 5    needs to focus on improving accountability and 

 6    efficiency with its operations and to better 

 7    serve its customers.

 8                 Overall, this is a strong financial 

 9    blueprint for our state.  We're addressing many 

10    of the priorities that our constituents sent us 

11    to Albany to do.  And as is usual in the case of 

12    every legislative process, it is also a work in 

13    progress.  

14                 Thank you again to our leader and to 

15    my colleagues --

16                 ACTING PRESIDENT PERSAUD:   Senator, 

17    how do you vote?

18                 SENATOR MARTINEZ:   -- and I'll be 

19    voting in the affirmative.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Ramos.

22                 SENATOR RAMOS:   Thank you, 

23    Madam President.  

24                 You know, I wish I could say that 

25    I'm surprised that no one debated me on minimum 


                                                               1596

 1    wage, right -- we're proposing a raise -- and I 

 2    think that's largely because they would not want 

 3    to go on the record for their poorest 

 4    constituents to hear them deny a better quality 

 5    of life.

 6                 I think it's an irrefutable truth 

 7    that we all here do represent working poor people 

 8    in our districts, and that is who I rise to 

 9    support today.  

10                 Rosalia Arriaga, from Kingston, is a 

11    single mother of two who doesn't qualify for 

12    unemployment insurance.  

13                 Gabriela Garcia, from Flatbush, 

14    Brooklyn, is a domestic worker supporting her 

15    children in both Brooklyn and Mexico on $15 an 

16    hour, sharing an apartment with two other 

17    families to afford rent.  

18                 Yehovani Villalobos, in Hempstead, 

19    works for a minimum wage as a groundskeeper on a 

20    golf course in Long Island.  

21                 Linda White, from Buffalo, is a 

22    home-care worker in her late sixties on a fixed 

23    income who can't afford to retire.  

24                 Kristen Brown, from Rochester, is a 

25    mother of five earning 14.20 an hour 


                                                               1597

 1    working full-time who was denied sick leave to 

 2    care for her elderly father.

 3                 And Sarai Rodriguez is a street 

 4    vendor from Corona, Queens, who feeds day 

 5    laborers on their way to work every day.

 6                 These New Yorkers, each and every 

 7    one of them, took time they couldn't afford to 

 8    come to Albany to share their stories with their 

 9    elected officials.  They came to fight for their 

10    families and make sure they are seen and heard in 

11    our budget.  

12                 Our body rejected raises in tuition 

13    for young people, raises in MTA fares, and a 

14    minimum wage proposal that just didn't meet the 

15    affordability crisis working families are facing.  

16    Instead, we prioritized school funding, expanded 

17    childcare and working family tax credits and a 

18    real raise for our lowest earners, many of whom 

19    live in shelters despite being employed.

20                 I'd like to thank our leader, 

21    Andrea Stewart-Cousins, for standing firm behind 

22    a bold agenda that prioritizes our poorest 

23    neighbors, and I vote aye, Madam President.

24                 ACTING PRESIDENT PERSAUD:   Thank 

25    you.


                                                               1598

 1                 Senator Mayer.

 2                 SENATOR MAYER:   Thank you, 

 3    Madam President.

 4                 I think we cannot ignore the 

 5    historic investment in this budget resolution in 

 6    education funding and the third year of the full 

 7    funding of Foundation Aid, as well as aid that 

 8    helps every district in this state, urban, rural 

 9    and suburban.  Every district, every school, will 

10    benefit by the financing in this resolution, and 

11    that's historic.  

12                 Secondly, we continue to invest in 

13    full-day pre-K for 4-year-olds.  We've made 

14    substantial improvements in our schools for our 

15    most disabled children, both preschool and 

16    school-age, and incredibly, although we haven't 

17    mentioned it today, we have committed to 

18    providing school breakfast and lunch to every 

19    student in every school that qualifies for the 

20    federal school lunch program.  That is a historic 

21    investment and a responsibility to people who do 

22    not vote for us, but who we serve.  

23                 And so today I'm very proud that our 

24    budget in the sphere of education, led by our 

25    leader, Andrea Stewart-Cousins, put its foot down 


                                                               1599

 1    and makes clear that our primary obligation is to 

 2    serve the next generation by funding and 

 3    investing in our public education system.  

 4                 I proudly vote aye.

 5                 ACTING PRESIDENT PERSAUD:   Thank 

 6    you.  

 7                 Senator Borrello.

 8                 SENATOR BORRELLO:   Thank you, 

 9    Madam President.  

10                 I would like to say that I did 

11    appreciate the debate today.  But I was probably 

12    most entertained by Senator Parker when he 

13    discussed the painful transition the state is 

14    going to have to incur to go after this 

15    electrification and green economy, when he 

16    described it as very similar to the painful 

17    transition from wood houses to stone houses -- 

18    which perplexed me a little bit, since I still 

19    live in a stone house and I think most -- or a 

20    wooden house, and I think most people live in a 

21    wooden house.  

22                 But it made me think that perhaps he 

23    has this fabulous castle in New York City and 

24    that perhaps, in addition to that, instead of 

25    having to worry about putting gasoline in a car, 


                                                               1600

 1    he might have a dragon that he goes back and 

 2    forth to his fabulous castle.  

 3                 And it speaks to the fantasy that 

 4    this whole proposal really is, the fantasy and 

 5    science fiction behind the idea that we're going 

 6    to create this green new economy with technology 

 7    that doesn't exist, and that we're going to make 

 8    cars and solar panels and everything else when 

 9    there's absolutely -- in seven years, by the way, 

10    to give union jobs for things that actually 

11    aren't being made in this country and, by the 

12    way, there are no plans to make in this country.

13                 Every one of these fabulous electric 

14    cars that everyone thinks they're saving the 

15    planet with are all made in part or entirely in 

16    China.  

17                 So where is this new green economy 

18    fantasy going to come from in seven years?  How 

19    are we going to power our homes?  How are we 

20    going to heat our homes?  And by the way, if 

21    Buffalo had an all-electric house or all-electric 

22    buildings, those 47 lives lost would have been 

23    more like 4700, because the electricity went out 

24    for days and people survived because of 

25    natural-gas-powered generators and even heating 


                                                               1601

 1    their home with their stove and having hot water 

 2    from a natural gas boiler.

 3                 But that's the fantasy we're 

 4    proposing in this bill, the fantasy that New York 

 5    State is somehow going to create something that 

 6    doesn't exist because New York has mandated it.  

 7    Probably the most arrogant thing I could think 

 8    of -- a unique combination of arrogance and 

 9    ignorance.

10                 ACTING PRESIDENT PERSAUD:   Senator, 

11    how do you vote?  

12                 SENATOR BORRELLO:   I am voting no.  

13    Thank you, Madam President.  

14                 (Laughter.)

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Cooney.

17                 SENATOR COONEY:   Thank you, 

18    Madam President.  I rise to support this budget 

19    resolution.  

20                 You know, Senator Borrello, it's a 

21    little bit like a fantasy to me because there's 

22    so many good things that we can proud of in this 

23    budget.  I want to highlight just a few.  

24                 Huge win for families, the expansion 

25    of the child tax credit for children under age 4.  


                                                               1602

 1    This will make a huge reduction in child poverty 

 2    across our state.  

 3                 I'm a huge advocate for the arts, 

 4    you know that.  I want to thank Chair Serrano for 

 5    his leadership in restoring $20 million to arts 

 6    organizations and artists outside of New York 

 7    City.  And I want to thank our Senate Majority 

 8    Leader, Andrea Stewart-Cousins, for her support 

 9    of $5 million to support our historic theaters 

10    that are such integral parts of our downtowns.  

11                 We should be supporting this in a 

12    bipartisan way because we represent these cities 

13    across upstate New York on both sides of the 

14    aisle.  And I'm very proud of our commitment to 

15    the arts.

16                 On behalf of patients, I am so 

17    grateful to see the removal of the excise tax for 

18    medical cannabis.  This means so much to the 

19    families who are struggling with epilepsy and 

20    pain management.  

21                 And on a personal note, as an 

22    Asian-American, I'm so proud to see the increased 

23    investment from this house, and I want to thank 

24    Senator Chu for her leadership in making sure 

25    that we are doing all that we can to support the 


                                                               1603

 1    Asian-American community across New York State.  

 2                 Now, with everything there's always 

 3    room for improvement, and I know that the fight 

 4    will continue over the next few weeks as we get 

 5    to the final adopted budget.  I want to see a 

 6    more intense focus on housing.  We know that we 

 7    have more work to be done.  I am concerned about 

 8    maintaining local control in the final adopted 

 9    budget.  

10                 I want to see more to be done around 

11    public safety, to increase community safety in 

12    not just Rochester but cities across New York 

13    State.  

14                 I want to make sure that we continue 

15    our investments in local government, not just for 

16    Rochester but for cities and towns across 

17    New York State.  

18                 And for our senior population, let 

19    us do all that we can to increase that Medicaid 

20    rate.  We know we can do more.  We deserve to do 

21    more.  This is the first time that we've seen a 

22    meaningful increase in Medicaid rates to the 

23    state hospitals and nursing homes in almost 

24    15 years.  Let's keep pushing --

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               1604

 1    Cooney, how do you vote?

 2                 SENATOR COONEY:   Thank you very 

 3    much, Madam President.  I vote in the 

 4    affirmative.

 5                 ACTING PRESIDENT PERSAUD:   Thank 

 6    you.

 7                 Senator Walczyk.  

 8                 SENATOR WALCZYK:   Thank you, 

 9    Madam President.

10                 I have to correct the record on a 

11    couple of things.  We do make firearms in the 

12    State of New York.  Remington Arms in Ilion, 

13    New York, has been in operation since 1816, and 

14    their firearms were carried in both World War I 

15    and World War II.  So that was a misnomer by a 

16    colleague today.  

17                 Also, childhood death, according to 

18    the CDC -- this isn't a Senator from the 

19    North Country telling you it -- is -- the top 

20    reasons are cancer, birth defects and 

21    complications, and accidents and suicide.  

22                 And those are facts, not political 

23    talking points, which I think is important when 

24    we head into a budget discussion.

25                 New York's economy can't support 


                                                               1605

 1    your out-of-control spending.  The state's GDP 

 2    growth was 5 percent last year.  Last year's 

 3    enacted budget was $227 billion.  The Governor -- 

 4    or was $220 billion.  

 5                 The Governor proposed $227 billion, 

 6    and you're proposing above and beyond that today.  

 7    This resolution that we're voting on right now, 

 8    $236 billion.  

 9                 Since 2019 -- and that would be the 

10    year that you took control of the chamber -- the 

11    state's increased in spending, 33 percent.  Have 

12    your constituents' salaries gone up 33 percent?  

13    Has the income to their households gone up 

14    33 percent or 40 percent like you're proposing 

15    with this resolution?  Mine haven't.

16                 We sat through all these budget 

17    hearings, and I listened intently today.  We 

18    talked about the numbers that the Governor has 

19    proposed in her budget and we talked about some 

20    of the policy items that should or shouldn't have 

21    been included and maybe should be debated 

22    separate and apart.  

23                 And then on top of all that, you 

24    included a bunch of policy that was never debated 

25    in open public.  You're jamming it into a budget 


                                                               1606

 1    bill in order to force it through.  

 2                 We had those hearings for a reason.  

 3    They serve an actual purpose, so that we can 

 4    discuss and debate what the priorities of the 

 5    people of the State of New York are.  

 6                 You may say 236 billion --

 7                 ACTING PRESIDENT PERSAUD:   Senator, 

 8    how do you vote?

 9                 SENATOR WALCZYK:   -- I say that's 

10    way too much.  I will vote no.  I will stick by 

11    the facts --

12                 ACTING PRESIDENT PERSAUD:   Thank 

13    you.

14                 SENATOR WALCZYK:   -- I'll do the 

15    responsible thing for the people of the State of 

16    New York.  

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Scarcella-Spanton.

19                 SENATOR SCARCELLA-SPANTON:   Thank 

20    you, Madam President.  I rise to support today's 

21    resolution.  

22                 I want to thank Senator Majority 

23    Leader Andrea Stewart-Cousins and my colleagues 

24    who have worked with me in prioritizing the needs 

25    of Staten Island and Southern Brooklyn.


                                                               1607

 1                 I'm proud that we increased funding 

 2    for our veterans after the Executive Budget 

 3    initially proposed cuts.  I know how important it 

 4    is to fund services for our veterans and their 

 5    families.  

 6                 I'm proud that the shortsighted plan 

 7    to put speed cameras on the Verrazano Bridge was 

 8    excluded from this resolution.  Staten Islanders 

 9    already suffer from the longest commutes in the 

10    country, and putting cameras on the bridge would 

11    only make things worse.

12                 We also worked to help Staten 

13    Islanders with their commutes by securing the 

14    resident toll discounts and are making sure it 

15    stays in place, even if they try to raise our 

16    tolls.  

17                 My district is home to the largest 

18    number of Holocaust survivors in the state.  It 

19    is so important that we are adding funds to the 

20    Holocaust Survivors Initiative, assisting with 

21    the funding for the necessary healthcare and 

22    community services that my district and our 

23    entire state so desperately need.

24                 The additional funding for discovery 

25    implementation utilized by our New York City 


                                                               1608

 1    district attorneys is vital for public safety, 

 2    but let me be clear.  We must make sure they're 

 3    fully funded in order to do this work 

 4    effectively.  And there is still a lot of work to 

 5    be done around public safety.  

 6                 Although this resolution includes 

 7    many things that are highly beneficial to my 

 8    constituents, I must highlight aspects that would 

 9    be of deep concern.  For example, we shouldn't be 

10    building new housing without local input and 

11    against the wishes of those in our communities.  

12                 On our path to sustainability, we 

13    shouldn't be telling homeowners what they can and 

14    cannot have in their homes.  

15                 And we need to protect our tenants 

16    and homeowners, ensuring that we legislate in a 

17    way with both in mind..

18                 Community input must be central to 

19    all that we do, and I will continue fighting for 

20    that on behalf of all my constituents.  

21                 With that, I vote in the 

22    affirmative.

23                 ACTING PRESIDENT PERSAUD:   Thank 

24    you.  

25                 Senator Bailey.


                                                               1609

 1                 SENATOR BAILEY:   Thank you, Madam 

 2    President.  

 3                 As a nation of headline readers, we 

 4    should read the whole story and don't let the 

 5    headline be the story.  Public safety cannot and 

 6    shall not and will never be defined by two words, 

 7    bail reform.  

 8                 So while I appreciate my colleagues' 

 9    sentiments on public safety, that is something 

10    that every one of us, all 63 of us, share.  We 

11    all care about public safety equally.  

12                 But again, there are so many things 

13    in this budget that help us achieve the goal of 

14    public safety.  As I mentioned before, increasing 

15    funding for discovery, increasing gun violence 

16    and anti-gun violence initiatives.  Increasing 

17    funding for 18B attorneys who represent indigent 

18    individuals.  

19                 We have to look at life and 

20    community safety as a continuum, right?  And when 

21    you think about that continuum, it also involves 

22    economic prosperity.  Which is why the Clean 

23    Slate Act is so critically important, to make 

24    sure that people who were formerly 

25    justice-involved have the ability to be 


                                                               1610

 1    meaningfully involved in their communities 

 2    economically.  It is critically important.  

 3                 And again, as a body under the 

 4    leadership of Andrea Stewart-Cousins, we have and 

 5    always will continue to contemplate and discuss 

 6    issues of importance to our constituents.  I want 

 7    to be very clear about that.  

 8                 But I'm also grateful to our 

 9    education chair, Shelley Mayer, for helping us 

10    put $11.7 million for the City of Mount Vernon.  

11    You know, Mount Vernon had a shortfall, and we're 

12    grateful for that funding.  

13                 We're also grateful for funding for 

14    youth sports.  You know, across the aisle, both 

15    aisles, we can talk about that, that sports is 

16    the world's greatest social currency.  And when 

17    we can get our kids involved in sports sooner 

18    rather than later, we have the opportunity for 

19    them to be able to avoid some of the issues and 

20    the concerns that relate to public safety.  

21                 So I think this is an excellent 

22    budget, I think that there is -- excuse me, an 

23    excellent one-house.  I think there is more that 

24    we're going to do.  But people talked about 

25    dreams and nightmares, and as Meek Mill would 


                                                               1611

 1    say, hold up, wait a minute, y'all thought we 

 2    were finished?  

 3                 I proudly vote aye, Madam President.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Kavanagh.

 6                 SENATOR KAVANAGH:   Thank you, 

 7    Madam President.  

 8                 There is, as has been said, so much 

 9    that is positive in this resolution that we're 

10    voting on today.  Senator Mayer's -- the thing 

11    they she mentioned, not only investing in 

12    education but also in food, the most basic thing 

13    for our children.  

14                 The things that Senator Harckham and 

15    Senator Parker reviewed, particularly funding for 

16    the climate change and resiliency investments we 

17    need.  

18                 Packaging and paper, extended 

19    producer responsibility, which really will set us 

20    on target toward, again, those climate goals and 

21    also save our communities lots of money in terms 

22    of disposal costs and create a more circular 

23    economy where we're not wasting this planet's 

24    resources.  

25                 And the All-Electric Building Act, 


                                                               1612

 1    which is not a fantasy, it is a reality all over 

 2    the world, including countries with cold climates 

 3    that have single-family homes and high rises in 

 4    places like London.  But obviously a conversation 

 5    to be continued.  

 6                 And Senator Chu mentioned the AAPI 

 7    funding, which as a representative of Chinatown, 

 8    is really critical and I know is critical for all 

 9    of us here in this community.  

10                 And just one more thing that I think 

11    hasn't been mentioned, but the repeal of the 

12    ridiculous tax exemption for Madison Square 

13    Garden is something that I'm glad we're finally  

14    going to do.  I've been working on that for more 

15    than 10 years.

16                 On housing, the Governor should be 

17    complimented for emphasizing the need for 

18    addressing what is truly a crisis throughout our 

19    state.  It's a crisis of availability, a crisis 

20    of affordability, a crisis of eviction and a 

21    crisis of homelessness.  

22                 The Governor had set forth some very 

23    serious proposals around some mandates and 

24    targets for localities.  We are replacing those 

25    today with incentives and targets and enormous 


                                                               1613

 1    investments in infrastructure to support the 

 2    development of new housing.  

 3                 We are also making huge investments 

 4    in paying the rent, both through a new program 

 5    called Housing Access vouchers and also paying 

 6    the remainder of the rent that built up during 

 7    the COVID emergency through the Emergency Rental 

 8    Assistance Program.  It's very important that we 

 9    do include good cause, which is -- stands for the 

10    simple proposition that you should not be evicted 

11    for no reason in this state.  And we've got great 

12    investments --

13                 ACTING PRESIDENT PERSAUD:   Senator, 

14    how do you vote?

15                 SENATOR KAVANAGH:   We've got great 

16    investments in many other aspects of this -- of 

17    our critical -- our response to the housing 

18    crisis.  

19                 And for that reason and many others, 

20    I vote aye.

21                 ACTING PRESIDENT PERSAUD:   Thank 

22    you.

23                 Senator Stavisky.

24                 SENATOR STAVISKY:   Thank you, 

25    Madam President.  


                                                               1614

 1                 I think this was a good budget, but 

 2    I thank our leader, Senator Stewart-Cousins, for 

 3    making it a lot better.  

 4                 For example, as you know, I chair 

 5    Higher Education, and we restored some of the 

 6    funding to CUNY that was so necessary.  But even 

 7    more important, again this year, there is no 

 8    increase in tuition.  

 9                 For too long in the past, there have 

10    been yearly $200-a-year increases in tuition, and 

11    that had to stop.  We stopped it in 2019, and we 

12    have not had a tuition increase.  There's no 

13    question that during times of declining 

14    enrollment, increasing tuition is not the 

15    solution.  

16                 In terms of housing, I think our 

17    one-house wish list, I guess you could call it, 

18    our one-house measure is going in the right 

19    direction.  We've got to provide affordable 

20    housing.  We've got to preserve the existing 

21    housing and protect the rights of tenants and so 

22    forth.  

23                 And Madam President, for that reason 

24    I vote yes.

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               1615

 1    Hinchey.

 2                 SENATOR HINCHEY:   Thank you, 

 3    Madam President.  

 4                 I rise today in support of this 

 5    resolution and to highlight a few items that have 

 6    not been acknowledged here today but that would 

 7    be transformative for our upstate and 

 8    Hudson Valley communities.  

 9                 In agriculture we not only restore 

10    the cuts but we increase -- we increase the line 

11    items, we make sure that there's funding for more 

12    research.  We make sure that our dairy farmers 

13    and our hemp farmers and our cannabis farmers and 

14    our apple growers are all actually getting the 

15    investments that they deserve, to make sure that 

16    we have a local food supply here in our state.

17                 We create the first-ever tax 

18    incentives for hemp businesses, for manufacturing 

19    and processing, that will help revitalize our 

20    rural and upstate economies and make sure that we 

21    have manufacturing products for the future.

22                 For our volunteer firefighters, 

23    those that protect our communities and are often 

24    faced with increasing costs of different 

25    regulations, both from the state and federal 


                                                               1616

 1    government, we create a first-ever Volunteer 

 2    Firefighter Capital Fund to actually help with 

 3    those costs.  

 4                 For our municipalities, we allocate 

 5    $100 million to help with water infrastructure so 

 6    that our municipalities can actually plan for 

 7    what types of investments they need to make to 

 8    make sure that all of their constituencies and 

 9    their residents have access to clean water.

10                 As was mentioned earlier, Healthy 

11    School Meals for All is a transformation change.  

12    This investment in my district alone will help 

13    over 17,000 students.  In that vein, we've also 

14    moved forward to include breakfast in the school 

15    lunch program so that kids can actually eat 

16    farm-fresh food.  

17                 And we've made it easier for our 

18    agencies and our school districts and 

19    municipalities to actually buy local food from 

20    farmers so that, again, everybody is eating 

21    something nutritious.

22                 We've also invested in the Catskills 

23    again, and we've made a commitment in this 

24    resolution to actually address short-term 

25    rentals, which is one of the biggest challenges 


                                                               1617

 1    in the housing market in upstate communities like 

 2    mine.  They are strangling an already limited --

 3                 ACTING PRESIDENT PERSAUD:   Senator, 

 4    how do you vote?  

 5                 SENATOR HINCHEY:   -- housing stock.  

 6                 For this and so many more, I am 

 7    proud to vote aye and I thank the leader and my 

 8    colleagues for working on a budget resolution 

 9    that brings all of us together.  

10                 Thank you.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    May.

13                 SENATOR MAY:   Thank you, 

14    Madam President.  

15                 I'm grateful for many things in this 

16    budget resolution.  I'm grateful for the Bottle 

17    Bill, I'm grateful for the clean water 

18    infrastructure.  

19                 But most of all I want to thank my 

20    colleagues and Leader Stewart-Cousins for getting 

21    a couple of steps closer to true Fair Pay for 

22    Home care.  Last year advocates, home care 

23    workers, home care providers, people who need 

24    home care really lit up the Capitol with their 

25    advocacy for this issue, and we secured an 


                                                               1618

 1    unprecedented $3 increase above minimum wage for 

 2    home care workers.  

 3                 In this resolution we are raising 

 4    that to $5 above minimum wage, we are insisting 

 5    that home care is not a minimum-wage job and we 

 6    will not let it merge back with minimum wage.  

 7    And we are adding a lot of transparency and 

 8    making sure that the taxpayer money for minimum 

 9    wage actually goes to the workers and not to big 

10    insurance companies.

11                 So I couldn't be more grateful, and 

12    I proudly vote aye.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Jackson.

15                 SENATOR JACKSON:   Thank you, 

16    Madam President.  I rise in order to support the 

17    one-house resolution.  

18                 As you know, I represent the 31st 

19    Senatorial District, which is part of Northern 

20    Manhattan and the Northwest Bronx.  And I want to 

21    talk about the district priorities and the 

22    statewide priorities, including public education.  

23    And we all have benefited from the Foundation Aid 

24    formula; the last phase is coming in.  

25                 But not only public education -- 


                                                               1619

 1    environmental justice, civil service reform, 

 2    Tier 6 reform, the full platform of Invest in our 

 3    New York, taxes so that we can make sure that 

 4    everyone in New York State has the opportunity to 

 5    have a minimum wage, a living wage.  Fighting for 

 6    environmental justice.  All of these are the 

 7    things that we all want for our ourselves and our 

 8    families.  

 9                 And the most important thing I want 

10    to say to you today is that with an Invest in Our 

11    New York campaign, we will help people have 

12    affordable housing and healthcare.  Extremely 

13    important.  The two top budget priorities is 

14    healthcare and education.

15                 So with that, I want to thank our 

16    Majority Leader, Andrea Stewart-Cousins, and the 

17    staff for putting our one-house resolution 

18    together.  And I vote aye, knowing that the 

19    discussions will continue as we finalize the 

20    budget.

21                 Thank you, Madam President.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Thomas.

24                 SENATOR THOMAS:   Thank you, Madam 

25    Leader.  Thank you to the Super-Majority Leader, 


                                                               1620

 1    our committee chairs, and staff for working so 

 2    hard to keep New Yorkers first.  

 3                 And this budget is a clear win for 

 4    Long Island.  

 5                 The Governor is right when it comes 

 6    to the lack of affordable housing.  Her plan is 

 7    ambitious, but we have to understand the 

 8    realities on the ground.  We must recognize the 

 9    importance of local input and the need to listen 

10    to those who know their communities best.  This 

11    conviction is going to leave it up to the local 

12    municipalities to come up with a housing plan 

13    that works for Long Island.  

14                 We are going to be allocating 

15    $500 million as a starting point just for 

16    infrastructure, to incentivize our towns and 

17    villages to make the necessary improvements to 

18    build.

19                 I'm happy that there is no MTA 

20    payroll mobility tax in our one-house, and I do 

21    agree we need to look at what the MTA is doing to 

22    always be at the edge of fiscal disaster year 

23    after year.

24                 Long Islanders deserve the best 

25    service and the best infrastructure.  Long Island 


                                                               1621

 1    will always have LIRR service, and they will not 

 2    be cut off.

 3                 Crime is complicated and 

 4    multifaceted.  So if any more changes are needed, 

 5    we must look at the data first.  We need to make 

 6    sure judges in criminal court apply the law and 

 7    not choose when they should.

 8                 Some more good things in the budget:  

 9    Funding programs for our veterans, increases for 

10    home-care workers, Foundation Aid increases to 

11    our schools, more funding for pre-K.  Rejecting 

12    tuition increases for our students at SUNY and 

13    CUNY, but at the same time increasing funding for 

14    those institutions.  Funding a universal school 

15    meal program.  Increasing state aid.  Moving 

16    forward with plans to build a new Belmont Park.  

17    An additional 100 million for clean water 

18    infrastructure.  

19                 I proudly vote in the affirmative.

20                 Thank you.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Mannion.

23                 SENATOR MANNION:   Thank you, 

24    Madam President.  

25                 I'd like to work my remarks around 


                                                               1622

 1    who is coming to New York State.  Micron 

 2    Technologies, they're coming to New York State 

 3    and my district in Clay, New York, for a number 

 4    of reasons.  We have excellent schools, excellent 

 5    transportation systems.  We have a fantastic 

 6    workforce.  We also have more green clean energy 

 7    flowing through Clay, New York, out of upstate 

 8    New York, more than almost anywhere else in the 

 9    world.  And that is why they are coming here.

10                 I commend Senator Cooney.  It was 

11    his bill that established Green CHIPS.  I was 

12    fortunate to be able to work with him along those 

13    lines, and that is what contributed to landing 

14    Micron in my district.

15                 Why did they come here?  For several 

16    reasons.  Things we've already invested in and 

17    will continue to:  Our education systems, 

18    expansion of UPK, support for K through 12 by 

19    fully funding our Foundation Aid formula, 

20    investing in apprenticeships, investing in higher 

21    education.  And this year, along with my work 

22    with Senator Mayer, I'm proud to say that we will 

23    finally get our 853 and 4410 school rate 

24    reimbursements correct.

25                 I also want to add that with this 


                                                               1623

 1    expansion we're looking at a major housing boom 

 2    in the area, and we need more housing.  I support 

 3    policies that are going to provide for 

 4    public/private partnerships that make sure that 

 5    our supply increases and we keep the control 

 6    local.

 7                 Finally, I'd like to say that we are 

 8    significantly investing in our disability systems 

 9    with an 8.5 percent cost-of-living adjustment, 

10    but that investment has been flat for over a 

11    decade until we just had two small increases.  It 

12    is hurting our workforce.  

13                 The workforce is depleted, and this 

14    causes disruption as it relates to housing as 

15    homes get consolidated, a decrease in job 

16    opportunities for people with disabilities, 

17    educational programs and day programming.  So 

18    we must --

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Mannion, how do you vote?

21                 SENATOR MANNION:   -- also invest in 

22    the disabilities world.

23                 I proudly vote aye, Madam President.  

24    Thank you.

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               1624

 1    Webb.

 2                 SENATOR WEBB:   Thank you, 

 3    Madam President.  I rise to explain my vote.

 4                 I want to thank our Senate Majority 

 5    Leader, all of my colleagues who have been 

 6    working to put together a one-house budget 

 7    proposal that centers and supports the needs of 

 8    New Yorkers in equitable ways, especially those 

 9    in New York who are most vulnerable.  

10                 As one of our new Senators that 

11    represents a district in upstate New York that is 

12    rural, urban and suburban, this one-house budget 

13    proposal addresses the urgency of this moment 

14    with significant investments in upstate 

15    New York's families and small businesses.  

16                 So just to highlight a couple of 

17    things.  As relates to our local municipalities, 

18    as a former municipal elected myself, I 

19    understand the importance of having state 

20    resources such as AIM, such as investments in our 

21    roads, that help us to provide long-overdue 

22    overhauls in our infrastructure.

23                 As it pertains to small business, in 

24    this one-house proposal we are investing in small 

25    businesses by ensuring that we provide 


                                                               1625

 1    $100 million for small business grants and 

 2    3 million to support minority and women business 

 3    enterprises and to make sure that they are not 

 4    left behind.

 5                 We are also investing in our 

 6    workforce by honoring and going beyond what the 

 7    Governor has proposed with the 8.5 percent COLA 

 8    increase in this one-house proposal, along with 

 9    other historic and long-overdue investments in 

10    healthcare and mental health services.

11                 I also want to lift up that when it 

12    comes to our schools, the long-overdue funding 

13    that was needed for districts such as mine and 

14    others across the state with the honoring of the 

15    Foundation Aid -- this is going to make 

16    significant improvements for our schools and, 

17    especially as relates to higher education, our 

18    funding for SUNY and CUNY and our community 

19    colleges.

20                 Negotiations are going to continue, 

21    and I will continue to fight alongside all of our 

22    colleagues to make sure that our priorities, 

23    especially for our New Yorkers who are most 

24    vulnerable, continue to get prioritized in our 

25    final state budget.  


                                                               1626

 1                 I will be voting aye on this bill, 

 2    and I hope my colleagues will do the same.

 3                 Thank you.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Comrie.

 6                 SENATOR COMRIE:   Thank you, 

 7    Madam President.  I rise to support the 

 8    resolution, and I just want to take a moment to 

 9    thank all of my colleagues in the room for their 

10    points of view and for their focusing on trying 

11    to make our state better.

12                 I want to thank our Majority Leader 

13    and I especially want to thank the staff of both 

14    houses on trying to put together a concept and 

15    position and talking points to make sure that 

16    people around the state can understand that we're 

17    trying to deliver government that serves all of 

18    the people of the state and all of the people 

19    that contribute to the state.

20                 There are a lot of good things in 

21    the budget and there are a lot of things that 

22    we're still working on to try to make better.  

23    The first is the Governor's housing compact, 

24    which I think needs to be taken out of the budget 

25    and discussed, and give all communities around 


                                                               1627

 1    the state an opportunity to really talk about 

 2    housing.  

 3                 This was presented last year.  There 

 4    are a lot of people that have major 

 5    consternations about what is happening and what 

 6    could be done to them.  There's a threat of 

 7    taking over people's sovereign right for zoning 

 8    and communities.  And we need to give people an 

 9    opportunity to have full discussions about what's 

10    happening in their community.

11                 We talk about affordable housing.  

12    And not to do a Mitchell-Lama plan, not to do a 

13    real affordable housing plan, just to do a plan 

14    that would only create more expensive housing in 

15    areas and communities that already have high rent 

16    initiatives because of the AMI, is not addressing 

17    the entire problem.  

18                 We need to pull this out of the 

19    budget and have a full -- give communities an 

20    opportunity to weigh in, give communities an 

21    opportunity to step up and then let government 

22    deal with it afterwards.  But to do this in a 

23    six-week period is not fair to residents all over 

24    New York State.

25                 Small property owners also have been 


                                                               1628

 1    not getting the help that they need in this 

 2    budget in the last couple of years.  We need to 

 3    do more to make sure that small property owners 

 4    that are already underwater -- every day in my 

 5    district I have a homeowner coming to me saying 

 6    they can't get their rent for three years, that 

 7    they're over $10,000 to $20,000 in arrears, 

 8    they're working three jobs to try to hold on to 

 9    their homes because they are behind with their 

10    mortgage.  

11                 We need to do more for mortgage 

12    relief, we need to do more in our tax relief for 

13    people that can prove that they're underwater.  

14                 There's a lot more that I would want 

15    to talk about in that area, but I'll leave it to 

16    the point that we need to move the housing 

17    compact and let the entire state have an 

18    opportunity to weigh in on it.  It's important 

19    that we deal with that.

20                 On other issues regarding housing, 

21    we need to revamp the Office of Court 

22    Administration.  We should have a statewide 

23    housing court to try to deal with the backlog, to 

24    make sure that these things happen.  And if we 

25    don't take that responsibility to make that 


                                                               1629

 1    happen, we're doing a disservice to the thousands 

 2    of people that are backlogged in housing court 

 3    now.

 4                 Also, there are other -- a lot of 

 5    good things in the bill, so I'm going to vote for 

 6    the resolution.  But I think we have more work to 

 7    do to make sure that there's equity.  There's 

 8    been 40 years of nonequity in this budget that we 

 9    have to make up.  And we need to do the things 

10    necessary -- 

11                 (Loud sneeze.)

12                 SENATOR COMRIE:   -- to ensure that 

13    all residents in New York State -- God bless 

14    you -- can be able to -- 

15                 (Laughter.)

16                 SENATOR COMRIE:   I thought you were 

17    saying something else there for a second.  

18                 (Laughter.)

19                 SENATOR COMRIE:   But we need to 

20    make sure that all residents in New York State 

21    can benefit from this budget, can contribute to 

22    the benefits of this state.  

23                 And I just want to finally say we're 

24    not done with oversight on the MTA.  We're all 

25    going to be taking a hard look at that.  But at 


                                                               1630

 1    the end of the day we want to make sure that we 

 2    get more people taking the trains into the city, 

 3    that we have a better Penn Station plan that 

 4    allows the Thruway so that we can have 

 5    interconnectivity, so that people from all over 

 6    the Northeast region can come in and out of 

 7    Penn Station --

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Comrie, how do you vote? 

10                 SENATOR COMRIE:   -- or hopefully go 

11    to Long Island and do the things necessary to 

12    ensure that -- 

13                 ACTING PRESIDENT PERSAUD:   How do 

14    you vote, Senator Comrie?  

15                 SENATOR COMRIE:   -- New York can 

16    remain the economic engine for the city.  

17                 I proudly vote aye.

18                 ACTING PRESIDENT PERSAUD:   Thank 

19    you.

20                 Senator Krueger.

21                 SENATOR KRUEGER:   Thank you, Madam.  

22    I actually didn't think I needed to speak.  Since 

23    I've spoken quite a bit on this.  I think most 

24    people know I'm a strong yes vote.  

25                 Thank you, Madam President.  


                                                               1631

 1                 (Laughter.)

 2                 ACTING PRESIDENT PERSAUD:   Thank 

 3    you.

 4                 Majority Leader Andrea 

 5    Stewart-Cousins to close.

 6                 SENATOR STEWART-COUSINS:   Thank you 

 7    so much, Madam President.

 8                 So we are officially beginning the 

 9    middle of the budget.  And as we go towards 

10    enacting our state budget, first of all, I want 

11    to thank our intrepid, intrepid Finance chair, 

12    Senator Liz Krueger.  Thank you so much, 

13    Senator Krueger, for what you do for all of us.

14                 SENATOR KRUEGER:   Thank you.

15                 SENATOR STEWART-COUSINS:   And also 

16    for -- I want to thank my deputy leader, Mike 

17    Gianaris, for making sure, as usual, not only 

18    that everything goes smoothly here but also 

19    helping to steer the ship forward.

20                  And to all of the Majority 

21    Senators, thank you so much.  And for all of the 

22    Senators.  What we do here is valuable to all of 

23    New York, and our participation in making sure we 

24    get to the right answers matters.  So I want to 

25    thank everyone.  


                                                               1632

 1                 And of course my incredible, 

 2    incredible staff, including my Secretary of 

 3    Finance Dave Friedfel; my Head of Counsel 

 4    Eric Katz; the director of intergovernmental 

 5    affairs, Loren Amor; my communications director 

 6    and his deputy, Mike Murphy and Jonathan Heppner; 

 7    and, again, all of the staff that makes sure that 

 8    every day we are prepared to serve New Yorkers.

 9                 And I'll give a shout out to the 

10    Secretary, Ale Paulino, as well, who makes our 

11    stay here comfortable.

12                 When I spoke at the opening of the 

13    2023 legislative session, I made it clear that as 

14    we emerge from the pandemic our emphasis must be 

15    on economic stability and affordability.  

16    Unfortunately, record inflation levels continue 

17    to hamstring our families, worsening the 

18    affordability crisis and leaving many to wonder 

19    how they will pay for today, much less tomorrow.  

20                 The Majority viewed this year's 

21    budget as an opportunity, as we always do.  This 

22    one is important to stop the bleeding and to 

23    bring much-needed relief to our working- and 

24    middle-class New Yorkers who have been stretched 

25    at both ends.  That means putting hard-earned 


                                                               1633

 1    dollars back into people's pockets by raising 

 2    wages and making housing more affordable.  It 

 3    means doing our part to fight the climate crisis 

 4    while creating good-paying middle-class jobs for 

 5    workers who will build the infrastructure and get 

 6    us to our future.  It means keeping the cost of 

 7    childcare down, college tuition down, and simply 

 8    getting to and from work under control.  

 9                 Affordability generates opportunity.  

10    And I'm proud that our one-house proposal 

11    animates the values that we have always embodied 

12    and allows us to put words into action on behalf 

13    of people of New York.

14                 We agree with the Governor that we 

15    need to significantly increase New York's housing 

16    stock.  Communities across the state are 

17    experience housing shortages where rents are 

18    rising faster than incomes and the supply of 

19    affordable homes are far below the demand.  

20                 Our proposal rejects mandates that 

21    override local autonomy, but rather incentivizes 

22    communities to build housing by providing 

23    $500 million for those localities that meet 

24    growth targets.  

25                 But it's not enough to get people 


                                                               1634

 1    into housing; we need to make sure they can stay 

 2    there.  This conference has always stood on the 

 3    side of tenants and small homeowners.  As a 

 4    result, our budget proposals include protections 

 5    and funding to support tenants and homeowners.  

 6                 Even after people put down their 

 7    roots, they still have places to go.  We 

 8    absolutely need reliable public transportation to 

 9    serve as the engine of our economy and keep our 

10    residents interconnected.  The MTA is the most 

11    sophisticated form of public transit in the 

12    United States and services over 2 million riders 

13    a day.  MTA failure is not an option.  

14                 But we must also remember that this 

15    public good is only helpful if it's affordable.  

16    That's why we reject fare hikes to subsidize MTA 

17    costs.  We can't fix the MTA's balance sheets on 

18    the backs of working New Yorkers who rely on our 

19    public transportation system.  We've advanced a 

20    responsible revenue plan that asks the most 

21    profitable corporations to do their fair share, 

22    rejects the increase to the payroll mobility tax, 

23    and generates new revenue in New York City 

24    without putting more costs on city property 

25    taxpayers.


                                                               1635

 1                 And, after years of advocacy, I'm 

 2    sure my friends on Long Island, just as we in 

 3    Westchester, we're happy that we are increasing 

 4    funding for non-MTA public transportation.

 5                 We're investing in human services 

 6    that communities depend on for their health and 

 7    well-being, and ensuring that no one is left 

 8    stranded in a healthcare desert.  And although 

 9    we've overcome the worst of the COVID pandemic, 

10    we are still dealing with the inequalities that 

11    this devastating virus exposed in our society.  

12                 No one should be denied care based 

13    on income, nor should anyone be unable to find 

14    help due to resource constraints.  That's why 

15    we're advancing a billion dollars in additional 

16    state funding for financially distressed and 

17    safety-net hospitals, and hundreds of millions to 

18    prevent Medicaid costs from being shifted onto 

19    our local governments.  We are also asking the 

20    federal government to help us achieve the goal of 

21    coverage for all.

22                 We are accepting the Governor's 

23    $1 billion investment in mental health services 

24    and adding an additional $10 million to establish 

25    the Daniel's Law pilot program in continuance of 


                                                               1636

 1    our efforts to strengthen and coordinate mental 

 2    health outreach throughout our state.

 3                 The Senate Majority greatly values 

 4    the dedicated workers that care for New Yorkers 

 5    in need.  That's why we are continuing to 

 6    champion Fair Pay for Home Care workers, we are 

 7    continuing to increase the salaries of day-care 

 8    workers, and we've proposed cost-of-living 

 9    increases for many of the public employees who 

10    care for our most vulnerable populations.  

11                 We remain laser-focused on 

12    Early Intervention being the best form of 

13    prevention and will always advocate for resources 

14    needed to help keep people safe and healthy.

15                 One of the best things we can do is 

16    to invest resources in education.  For the past 

17    three years we've made history with our 

18    transformative cradle-to-college-to-career 

19    pipeline, which supports the next generation 

20    through every step of their schooling.  

21                 Now we want to protect access to 

22    those opportunities.  That's why our one-house 

23    proposal rejects any calls to increase in-state 

24    tuition for SUNY and CUNY.  Instead, we're adding 

25    over a billion dollars to improve access to 


                                                               1637

 1    childcare for families, increasing funding for 

 2    UPK programs by 125 million, and fully funding 

 3    Foundation Aid for the first time in New York's 

 4    history.  This is crucial in ensuring public 

 5    education is indeed public and not contingent on 

 6    a zip code.  

 7                 In a significant victory for 

 8    New York's kids, we're providing 280 million for 

 9    universal school meals, which will require all 

10    schools that participate in the National School 

11    Lunch and Breakfast Program to serve breakfast 

12    and lunch at no cost, a game-changer for the 

13    health and success for so many of our students.  

14                 These are long-overdue investments 

15    that not only serve us at the moment but will 

16    yield even greater returns in the future.  

17    Communities with better schools and greater 

18    resources also have less poverty and lower crime 

19    rates.  Economic scarcity, lack of opportunity, 

20    and easy access to guns enable crime to happen.  

21                 Data continues to prove no 

22    correlation between any specific rise in crime 

23    and bail reform around misdemeanors, so we will 

24    follow the facts and continue to make changes if 

25    and when necessary, while we invest in education 


                                                               1638

 1    and programs that reduce crime.  

 2                 We are reupping our investment into 

 3    gun violence prevention programs like SNUG, 

 4    providing funding related to the enforcement of 

 5    Extreme Risk Protection Orders, once again 

 6    supporting the implementation of Clean Slate, and 

 7    supporting the Governor's $36 million investment 

 8    in the GIVE program to help local law enforcement 

 9    and communities prevent gun violence.

10                 This budget is about creating new 

11    opportunities at every turn to lay the groundwork 

12    for a stronger tomorrow.  But we can't get there 

13    if our planet is uninhabitable.  I'm incredibly 

14    proud of our steps to meet our CLCPA goals and 

15    reverse the climate change course.  But we need 

16    to go further.  And that's why we're proposing 

17    transformative measures to reduce emissions while 

18    building a green economy powered by good union 

19    jobs.  

20                 We're calling for a cap-and-invest 

21    and climate change cost recovery program that 

22    will hold polluters, past and future, responsible 

23    for funding clean energy projects and climate 

24    change mitigation.  We're also increasing funding 

25    for the Environmental Protection Fund and clean 


                                                               1639

 1    water infrastructure.

 2                 In short, this budget is an 

 3    expression of our values.  And the Senate 

 4    Majority Conference values a New York where 

 5    hardworking people can overcome current 

 6    challenges and take advantage of future 

 7    opportunities.  We're a conference of building 

 8    the economy, creating good-paying jobs, 

 9    protecting our small businesses, protecting our 

10    environment, providing a good-quality public 

11    education, expanding access to housing and 

12    healthcare.

13                 These principles are present 

14    throughout the Senate's budget proposal and will 

15    guide us as we work with the Governor and our 

16    Assembly partners to deliver a budget that will 

17    translate our shared ideals into a better future 

18    for all New Yorkers.

19                 Madam President, I vote aye.

20                 ACTING PRESIDENT PERSAUD:   Thank 

21    you, Madam Leader.

22                 Announce the results.

23                 THE SECRETARY:   In relation to 

24    Resolution 555, those Senators voting in the 

25    negative are Senators Ashby, Borrello, 


                                                               1640

 1    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

 2    Lanza, Martins, Mattera, Murray, Oberacker, 

 3    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

 4    Tedisco, Walczyk, Weber and Weik.

 5                 Ayes, 42.  Nays, 21.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    resolution is adopted.  

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Madam President, 

10    before we leave motions and resolutions, on 

11    behalf of Senator Sanders I wish to call up 

12    Senate Print 1144, recalled from the Assembly, 

13    which is now at the desk.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Secretary will read.

16                 THE SECRETARY:   Calendar Number 83, 

17    Senate Print 1144, by Senator Sanders, an act to 

18    amend the Banking and Penal Law.

19                 SENATOR GIANARIS:   Move to 

20    reconsider the vote by which the bill was passed.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 THE SECRETARY:   Ayes, 63.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               1641

 1    is restored to its place on the Third Reading 

 2    Calendar.

 3                 SENATOR GIANARIS:   I offer the 

 4    following amendments.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    amendments are received, and the bill will retain 

 7    its place on the Third Reading Calendar.

 8                 SENATOR GIANARIS:   Is there any 

 9    further business at the desk?

10                 ACTING PRESIDENT PERSAUD:   There is 

11    no further business at the desk.

12                 SENATOR GIANARIS:   I move to 

13    adjourn until Monday, March 20th, at 3:00 p.m., 

14    intervening days being legislative days.

15                 ACTING PRESIDENT PERSAUD:   On 

16    motion, the Senate stands adjourned until Monday, 

17    March 20th, at 3:00 p.m., intervening days being 

18    legislative days.

19                 (Whereupon, at 2:52 p.m., the Senate 

20    adjourned.)

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