Regular Session - April 19, 2024

                                                                   2870

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 19, 2024

11                      1:37 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JEREMY A. COONEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               2871

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

 2                 ACTING PRESIDENT COONEY:   The 

 3    Senate will come to order.  

 4                 I ask everyone to please rise and 

 5    recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT COONEY:   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 COONEY:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, 

16    Thursday, April 18, 2024, the Senate met pursuant 

17    to adjournment.  The Journal of Wednesday, 

18    April 17, 2024, was read and approved.  On 

19    motion, the Senate adjourned.

20                 ACTING PRESIDENT COONEY:   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.  


                                                               2872

 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Good afternoon, 

 7    Mr. President.  

 8                 On behalf of Senator 

 9    Scarcella-Spanton, on page 43 I offer the 

10    following amendments to Calendar 811, 

11    Senate Print 5442, and ask that said bill retain 

12    its place on Third Reading Calendar.

13                 ACTING PRESIDENT COONEY:   The 

14    amendments are received, and the bill will retain 

15    its place on the Third Reading Calendar.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   There will be an 

18    immediate meeting of the Finance Committee in 

19    Room 332.

20                 ACTING PRESIDENT COONEY:   There 

21    will be an immediate meeting of the 

22    Finance Committee in Room 332.

23                 SENATOR GIANARIS:   The Senate 

24    stands at ease.

25                 ACTING PRESIDENT COONEY:   The 


                                                               2873

 1    Senate stands at ease.

 2                 (Whereupon, the Senate stood at ease 

 3    at 1:38 p.m.)

 4                 (Whereupon, the Senate reconvened at 

 5    1:53 p.m.)

 6                 ACTING PRESIDENT COONEY:   The 

 7    Senate will return to order.

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Mr. President, 

10    there's a report of the Finance Committee at the 

11    desk.  Can we take that up, please.

12                 ACTING PRESIDENT COONEY:   The 

13    Secretary will read.

14                 THE SECRETARY:   Senator Krueger, 

15    from the Committee on Finance, reports the 

16    following bill:  

17                 Senate Print 8307C, Senate Budget 

18    Bill, an act to amend Part H of Chapter 59 of the 

19    Laws of 2011.  

20                 The bill reports direct to third 

21    reading.  

22                 SENATOR GIANARIS:   Move to accept 

23    the report of the Finance Committee.

24                 ACTING PRESIDENT COONEY:   All those 

25    in favor of accepting the report of the 


                                                               2874

 1    Finance Committee signify by saying aye.

 2                 (Response of "Aye.")

 3                 ACTING PRESIDENT COONEY:   Opposed, 

 4    nay.  

 5                 (No response.)

 6                 ACTING PRESIDENT COONEY:   The 

 7    report of the Finance Committee is accepted.  

 8                 Senator Gianaris.

 9                 SENATOR GIANARIS:   Please take up 

10    the supplemental calendar.

11                 ACTING PRESIDENT COONEY:   The 

12    Secretary will read.

13                 THE SECRETARY:   Calendar Number 

14    845, Senate Print 8307C, Budget Bill, an act to 

15    amend Part H of Chapter 59 of the Laws of 2011.

16                 SENATOR GIANARIS:   Is there a 

17    message of necessity at the desk?  

18                 ACTING PRESIDENT COONEY:   There is 

19    a message of necessity at the desk.

20                 SENATOR GIANARIS:   Move to accept 

21    the message of necessity.  

22                 ACTING PRESIDENT COONEY:   All those 

23    in favor of accepting the message please signify 

24    by saying aye.

25                 (Response of "Aye.")


                                                               2875

 1                 ACTING PRESIDENT COONEY:   Opposed, 

 2    nay.

 3                 (Response of "Nay.")

 4                 ACTING PRESIDENT COONEY:   The 

 5    message is accepted.  The bill is before the 

 6    house.

 7                 SENATOR LANZA:   Lay it aside.

 8                 ACTING PRESIDENT COONEY:   Lay it 

 9    aside.

10                 Senator Gianaris, that completes the 

11    reading of the supplemental calendar.

12                 SENATOR GIANARIS:   Please take up 

13    the controversial calendar.

14                 ACTING PRESIDENT COONEY:   The 

15    Secretary will ring the bell.

16                 The Secretary will read.

17                 THE SECRETARY:   Calendar Number 

18    845, Senate Print 8307C, Senate Budget Bill, an 

19    act to amend Part H of Chapter 59 of the Laws of 

20    2011.

21                 ACTING PRESIDENT COONEY:   Senator 

22    O'Mara, why do you rise?

23                 SENATOR O'MARA:   Yes, 

24    Mr. President, would Senator Krueger yield for a 

25    few questions.


                                                               2876

 1                 ACTING PRESIDENT COONEY:   Will the 

 2    sponsor yield?

 3                 SENATOR O'MARA:   General budget 

 4    questions.  We'll get to Senator Rivera I think 

 5    shortly.  Thank you.  

 6                 ACTING PRESIDENT COONEY:   

 7    Senator Krueger, will you yield?  

 8                 SENATOR KRUEGER:   I will.  

 9                 Are we talking like numbers?  

10                 SENATOR O'MARA:   Just roughly.  And 

11    process, where we are.

12                 SENATOR KRUEGER:   Okay, so I just 

13    need one person.

14                 SENATOR O'MARA:   Sure.

15                 SENATOR KRUEGER:   Okay.  

16                 Well, let's start, and if I get 

17    anything we need a staff person for -- oh, here's 

18    some staff people.  I don't know if they're the 

19    right ones, but we'll give it a whirl.  They're 

20    wonderful people; I bet they know everything.  

21    Okay.

22                 ACTING PRESIDENT COONEY:   Senator 

23    Krueger yields.

24                 SENATOR KRUEGER:   I do.

25                 SENATOR O'MARA:   Thank you, 


                                                               2877

 1    Mr. President.

 2                 Thank you, Senator Krueger.  Good 

 3    afternoon.  

 4                 Can you outline for us where we are 

 5    in the budget process now?  Yesterday we were six 

 6    bills short of a budget.  My reading of it now is 

 7    that we're still four bills short of a complete 

 8    budget that are in print right now.  Is that 

 9    correct?  

10                 SENATOR KRUEGER:   Yes.  Unless any 

11    other -- (off the record).

12                 So that is correct.  We are still 

13    awaiting four more bills to go into print.

14                 SENATOR O'MARA:   Through you, 

15    Mr. President, if the Senator will continue to 

16    yield.

17                 ACTING PRESIDENT COONEY:   Does the 

18    sponsor yield?  

19                 SENATOR KRUEGER:   Yes.

20                 ACTING PRESIDENT COONEY:   The 

21    sponsor yields.  

22                 SENATOR O'MARA:   Senator, do you 

23    know, this bill before us now, the Health and 

24    Mental Hygiene bill part of the budget, when was 

25    that made available to the public online?


                                                               2878

 1                 SENATOR KRUEGER:   This morning.

 2                 SENATOR O'MARA:   Do you know what 

 3    time, roughly?  

 4                 SENATOR KRUEGER:   They'll look for 

 5    you.  As we know, we continue to have serious 

 6    problems trying to get the bills completed 

 7    because of the hacking situation to the 

 8    legislative computer systems that do this work.

 9                 8:17 a.m.

10                 SENATOR O'MARA:   8:17 this morning?  

11                 SENATOR KRUEGER:   Yes, sir.

12                 SENATOR O'MARA:   Through you, 

13    Mr. President, if the Senator will continue to 

14    yield.

15                 ACTING PRESIDENT COONEY:   Will the 

16    sponsor yield?

17                 SENATOR KRUEGER:   Yes.

18                 ACTING PRESIDENT COONEY:   The 

19    sponsor yields.

20                 SENATOR O'MARA:   So we're now at 

21    1:55 in the afternoon, so it hasn't been long 

22    since we have had the bill -- more importantly, 

23    that the public and the taxpayers of New York 

24    have had the bill to look and provide feedback to 

25    us.  


                                                               2879

 1                 Yet here we are on the floor 

 2    debating the bill that covers health and mental 

 3    hygiene, with the Medicaid portion of state 

 4    spending, which I believe is the second-largest 

 5    spending portion we have, second only to 

 6    education funding.  And we're here to debate this 

 7    on less than six hours' notice.

 8                 SENATOR KRUEGER:   That's factually 

 9    correct.

10                 SENATOR O'MARA:   Through you --

11                 SENATOR KRUEGER:   I would point out 

12    we're a bit damned if we do, damned if we don't.  

13    Because when we don't bring bills to the floor, 

14    it's pointed out that we're getting later and 

15    later in the number of days we have not completed 

16    the state budget.  When we do get bills to the 

17    floor, we've failed to provide adequate time.  

18                 I guess I would just -- if I might 

19    ask my colleague -- may I ask you a question?

20                 SENATOR O'MARA:   Absolutely.

21                 SENATOR KRUEGER:   Do you want more 

22    time to conference this before we do this on the 

23    floor?

24                 UNIDENTIFIED SENATOR:   No.   

25                 SENATOR O'MARA:   Through you, 


                                                               2880

 1    Mr. President.  We have conferenced it.  I guess 

 2    my point is that the general public and taxpayers 

 3    of New York haven't had time to review it.  They 

 4    haven't had time to discuss it.  They haven't had 

 5    time to give us feedback.  The hospitals 

 6    throughout our state and all healthcare providers 

 7    in the state, and mental health care providers, 

 8    haven't had a chance to give us any feedback.

 9                 So you always ask, Senator -- or you 

10    always say that it's better to have a good budget 

11    than an on-time budget.  But I think it's also 

12    extremely important in the process that the 

13    public have the ability to weigh in on these 

14    issues.  And less than eight hours -- less than 

15    six hours of notice is, in my opinion, 

16    inappropriate on this.

17                 Through you, Mr. President, if the 

18    Senator will continue to yield.

19                 ACTING PRESIDENT COONEY:   Will the 

20    sponsor yield? 

21                 SENATOR KRUEGER:   Yes.

22                 ACTING PRESIDENT COONEY:   The 

23    Senator yields.

24                 SENATOR O'MARA:   Is there any 

25    appropriation bill in print right now other than 


                                                               2881

 1    the debt service bill that we already did?  

 2                 SENATOR KRUEGER:   The capital bill, 

 3    which hopefully will be the next bill we debate 

 4    on the floor, because it is in print, is an 

 5    appropriation bill.

 6                 SENATOR O'MARA:   And through you, 

 7    Mr. President, if the Senator would continue to 

 8    yield.

 9                 ACTING PRESIDENT COONEY:   Does the 

10    sponsor yield? 

11                 SENATOR KRUEGER:   Yes.

12                 ACTING PRESIDENT COONEY:   The 

13    Senator yields.

14                 SENATOR O'MARA:   And when did that 

15    capital appropriations bill get online for us and 

16    the public to review?  

17                 SENATOR KRUEGER:   Also sometime 

18    this morning.  We'll try to get you the exact 

19    time and minute.

20                 SENATOR O'MARA:   Okay.  Through 

21    you, Mr. President, if the Senator will continue 

22    to yield.

23                 ACTING PRESIDENT COONEY:   Does the 

24    sponsor yield? 

25                 SENATOR KRUEGER:   Yes.


                                                               2882

 1                 ACTING PRESIDENT COONEY:   The 

 2    sponsor yields.

 3                 SENATOR O'MARA:   We've discussed 

 4    that really one of the most important timing 

 5    issues of this budget -- and we've done extenders 

 6    to keep state operations going, which is 

 7    important for New Yorkers.  But really the most 

 8    important part of passing the budget is the 

 9    education portion of the budget, so our local 

10    school districts know how much they're going to 

11    get in state aid, because they have to finalize 

12    their budgets by April 23rd, four days from now, 

13    and have the ballots for the school budget votes 

14    printed by April 26th.  

15                 So, Senator, why aren't we doing the 

16    education bill first and foremost?

17                 SENATOR KRUEGER:   Because the ELFA 

18    bill, which includes the education, is apparently 

19    the one the Governor is holding till we get every 

20    single I dotted and T crossed.  So I think 

21    there's an expectation ELFA's likely to be the 

22    last bill, or close to the last bill.  

23                 But truthfully, because of exactly 

24    your point about the timeliness of needing this 

25    information, we fully hope we can get through all 


                                                               2883

 1    the bills today.  And you will have school runs 

 2    prior to ELFA coming to the floor.

 3                 SENATOR O'MARA:   Through you, 

 4    Mr. President, if the Senator would continue to 

 5    yield.

 6                 ACTING PRESIDENT COONEY:   Does the 

 7    sponsor yield? 

 8                 SENATOR KRUEGER:   Yes.

 9                 ACTING PRESIDENT COONEY:   The 

10    Senator yields.

11                 SENATOR O'MARA:   I understand just 

12    recently that we've received at least a draft of 

13    a financial plan?  

14                 SENATOR KRUEGER:   I believe you 

15    have, yes.

16                 SENATOR O'MARA:   Is that the final 

17    plan, or is it subject to revision?

18                 SENATOR KRUEGER:   It's final as of 

19    now.  I suppose until all the bills are in print, 

20    it's a fair question whether there might be some 

21    slight modifications.  But sincerely, we believe 

22    that is final.

23                 SENATOR O'MARA:   So through you, 

24    Mr. President, if the Senator will continue to 

25    yield.


                                                               2884

 1                 ACTING PRESIDENT COONEY:   Does the 

 2    sponsor yield?

 3                 SENATOR KRUEGER:   Yes.

 4                 ACTING PRESIDENT COONEY:   The 

 5    sponsor yields.  

 6                 SENATOR O'MARA:   What is the 

 7    overall spending based on that financial plan 

 8    that I haven't even seen yet?  

 9                 SENATOR KRUEGER:   So you got a 

10    draft but you personally didn't get a draft?

11                 SENATOR O'MARA:   I'm just told that 

12    we got it.  I don't -- I guess it's on his phone, 

13    but I haven't had the opportunity to read it.

14                 SENATOR KRUEGER:   Okay.  

15                 (Discussion off the record.)

16                 SENATOR KRUEGER:   So, I'm sorry, 

17    ask the question again? 

18                 SENATOR O'MARA:   What is the 

19    overall spending in this budget?  

20                 SENATOR KRUEGER:   131.674 million 

21    state operating fund disbursements.

22                 SENATOR O'MARA:   Through you, 

23    Mr. President, if the sponsor will continue to 

24    yield.

25                 ACTING PRESIDENT COONEY:   Will the 


                                                               2885

 1    sponsor yield? 

 2                 SENATOR KRUEGER:   Yes, of course.

 3                 ACTING PRESIDENT COONEY:   The 

 4    Senator yields.

 5                 SENATOR O'MARA:   What is the 

 6    All Funds total spending in this plan?  

 7                 SENATOR KRUEGER:   235.358 billion.

 8                 SENATOR O'MARA:   Through you, 

 9    Mr. President, if the Senator will continue to 

10    yield.

11                 SENATOR KRUEGER:   Yes.

12                 ACTING PRESIDENT COONEY:   Does the 

13    sponsor yield? 

14                 The sponsor yields.

15                 SENATOR KRUEGER:   Yes.

16                 SENATOR O'MARA:   How much more 

17    above last year's budget is that?  

18                 SENATOR KRUEGER:   1.6 percent, 

19    approximately $4 billion.

20                 SENATOR O'MARA:   Thank you, 

21    Mr. President.  I think that's all I have.  

22                 Thank you, Senator Krueger.

23                 SENATOR KRUEGER:   Thank you.

24                 ACTING PRESIDENT COONEY:   Senator 

25    Helming, why do you rise?


                                                               2886

 1                 SENATOR HELMING:   Thank you, 

 2    Mr. President.  If the sponsor will yield to 

 3    questions on Part HH.

 4                 ACTING PRESIDENT COONEY:   Senator 

 5    Rivera will be answering this section.

 6                 SENATOR RIVERA:   I do yield.

 7                 ACTING PRESIDENT COONEY:   The 

 8    sponsor yields.

 9                 SENATOR HELMING:   Thank you, 

10    Senator Rivera.  

11                 I just have to say that on the CDPAP 

12    program, you and I have had many conversations 

13    and I think we are on the same page.  So it's 

14    interesting to be asking you these questions, 

15    like what the hell happened?  Right?  What 

16    happened?  How did the Legislature go from 

17    completely rejecting the Governor's CDPAP 

18    proposal in their one-house budget to what we 

19    have before us?  

20                 And my question to start with is, 

21    how many fiscal intermediates are currently 

22    operating in New York State?  

23                 SENATOR RIVERA:   Through you, 

24    Mr. President.  So first things first.  It is 

25    true that, as Senator Helming said, we've had 


                                                               2887

 1    many conversations on this issue.  The fact is, 

 2    Mr. President, that there's been many of my 

 3    colleagues who have had conversations on this 

 4    issue, and the reality is that many of us have 

 5    been having conversations on this since the 

 6    Governor proposed what I believe -- and many of 

 7    us believe -- was an unreasonable cut, series of 

 8    cuts and changes to the CDPAP program, the 

 9    Consumer Directed Personal Assistance Program, a 

10    program that the State of New York created, it 

11    was a pioneer in, and that helps thousands of 

12    New Yorkers across the state be able to take care 

13    of their everyday needs.  

14                 But as Senator Helming said, during 

15    the Governor's initial budget proposal there were 

16    all sorts of cuts that were rejected in our 

17    one-house.  And the fact is that as we are here 

18    19 days or 18 days late on a budget, 

19    Mr. President, part of that delay was the fact 

20    that the leader, who I have to give all sorts of 

21    credit to, continued to hold the line to try to 

22    get what I will describe, Mr. President, as harm 

23    reduction.  

24                 This is not a day where I'm going to 

25    stand up here like I've done in years past a few 


                                                               2888

 1    of the years that I've been here -- not many, but 

 2    a few of the years that I've been here, including 

 3    some of the years that have been with this 

 4    Governor, I have stood on the floor and said that 

 5    we have a good health budget before us.  I'm not 

 6    going to make that argument today.

 7                 Today what I will say is that we got 

 8    the least crappy deal, Mr. President.  And as it 

 9    relates to -- so to start off, as it relates to 

10    the Community Directed Personal Assistance 

11    Program, the -- as far as the total number of 

12    fiscal intermediaries at this moment, too many.  

13    That is there is an agreement on that.  I don't 

14    know the exact number.  But the reality is -- the 

15    reality is that there are -- the way that the 

16    program has been structured so far required 

17    changes and required tweaks.  

18                 This is something that we all agreed 

19    on.  And we have been talking about this for the 

20    last couple of years, about how we could actually 

21    change the program for the better.  

22                 But Mr. President, the changes that 

23    the Governor insisted on, and unfortunately our 

24    colleagues in the Assembly kind of did as well, 

25    is that we go all the way from -- instead of 


                                                               2889

 1    changing the system a little bit, to actually 

 2    going all the way to a single fiscal intermediary 

 3    in the entire state.  So although I'm sure that 

 4    the -- that Senator Helming will have many 

 5    follow-up questions, to answer her question 

 6    directly, after I set that stage, too many fiscal 

 7    intermediaries, Mr. President.

 8                 SENATOR HELMING:   Thank you, 

 9    Mr. President.  If the sponsor will continue to 

10    yield.

11                 ACTING PRESIDENT COONEY:   Does the 

12    sponsor yield?

13                 SENATOR RIVERA:   I will.

14                 ACTING PRESIDENT COONEY:   The 

15    sponsor yields.  

16                 SENATOR HELMING:   Senator Rivera, I 

17    have to say I have always appreciated how you're 

18    just candid and just say it like it -- the way it 

19    is.  

20                 So my notes say that we have 

21    approximately 600 to 700 fiscal intermediaries 

22    currently operating in our state.  Do you happen 

23    to know how many of those fiscal 

24    intermediaries -- how many New Yorkers those 

25    fiscal intermediaries employ across the state, 


                                                               2890

 1    not including the personal assistants?  

 2                 SENATOR RIVERA:   Through you, 

 3    Mr. President, I cannot -- I don't have a number, 

 4    but probably quite a bit.

 5                 SENATOR HELMING:   Through you, 

 6    Mr. President, if the sponsor will continue to 

 7    yield.

 8                 ACTING PRESIDENT COONEY:   Does the 

 9    sponsor yield?

10                 SENATOR RIVERA:   I will.

11                 ACTING PRESIDENT COONEY:   The 

12    sponsor yields.

13                 SENATOR HELMING:   That number is 

14    approximately 10,000 people.  

15                 Through you, Mr. President, if the 

16    sponsor will continue to yield.

17                 ACTING PRESIDENT COONEY:   Will the 

18    sponsor yield? 

19                 SENATOR RIVERA:   I do, 

20    Mr. President.  

21                 ACTING PRESIDENT COONEY:   The 

22    sponsor yields.

23                 SENATOR HELMING:   Any idea how many 

24    people are enrolled in the CDPAP program?  

25                 SENATOR RIVERA:   Through you, 


                                                               2891

 1    Mr. President, between 280,000 and 300,000 

 2    New Yorkers.

 3                 SENATOR HELMING:   Through you, 

 4    Mr. President, if the sponsor will continue to 

 5    yield.

 6                 ACTING PRESIDENT COONEY:   Will the 

 7    sponsor yield? 

 8                 SENATOR RIVERA:   I will.

 9                 ACTING PRESIDENT COONEY:   The 

10    sponsor yields.

11                 SENATOR HELMING:   Senator Rivera, 

12    what is going to happen with all of those 

13    employees, all of those jobs, the fiscal 

14    intermediaries, everyone else, after April 2025?  

15                 SENATOR RIVERA:   Through you, 

16    Mr. President.  The reference that 

17    Senator Helming is making is to the date during 

18    which, so to speak, the switch will turn on.  

19                 But I should be clear it is not a 

20    switch like a light, but it is a switch like -- 

21    where you have a machine that kind of like has a 

22    conveyor belt, a conveyor belt of sorts. Which 

23    means that there will be a period of a year, so 

24    12 months from April 1st of 2025, if this goes 

25    into effect, there will be a year where the 


                                                               2892

 1    transition will occur.

 2                 And to answer the Senator's question 

 3    as far as what will happen, we don't know 

 4    exactly.  The goal of certainly what we did -- 

 5    what our staff and certainly our leader did over 

 6    the last couple of weeks as we again, I'll say 

 7    again, Mr. President, held the line and did as 

 8    much as we could to make this the less crappy 

 9    version of what the Governor gave us -- we 

10    ultimately came up with a guarantee, so to speak, 

11    of subcontractors to the Independent Living 

12    Centers that are incredibly important around our 

13    state.  

14                 Mr. President, I'm sure that you 

15    have some in your neck of the woods, as do I.  

16    They not only employ folks who are disabled 

17    themselves, but are doing work every single day 

18    to make sure that many vulnerable New Yorkers are 

19    able to lead happy, healthy and productive lives.  

20    And we wanted to make sure -- and many of them, 

21    not all of them, are actually fiscal 

22    intermediaries at this point.  So we wanted to 

23    make sure that they continued to have that 

24    position.  

25                 We also, in the recognition that 


                                                               2893

 1    there is some geographic limitations -- or I 

 2    should say there needs to be some -- fiscal 

 3    intermediaries should correspond also to 

 4    geographies around the state, we are also 

 5    creating -- we're also guaranteeing four more 

 6    fiscal intermediaries that are region-focused.  

 7                 So that will mean a total of 

 8    15 subcontractors.  Thank you.  Not -- I saw the 

 9    eye.  He was -- staff was going to correct me 

10    immediately.  It was like, no, there will be 

11    subcontractors.  Yes, indeed, thank you for that, 

12    for not speaking but telling me with your mind.  

13                 So there will be a total -- this is 

14    based on the language that we were able to 

15    secure -- 15 subcontractors to that single fiscal 

16    intermediary.  And it is our hope, and we will be 

17    paying very close attention to this so that that 

18    transition is the least -- I'm just going to -- 

19    this is going to be the least crappy version.  

20    I'm just going to stick to that.  This -- that's 

21    what we're trying to do, to have that transition 

22    of a year be the least crappy one we can -- we 

23    can muster.

24                 SENATOR HELMING:   Thank you.  

25                 Through you, Mr. President, if the 


                                                               2894

 1    sponsor will continue to yield.

 2                 ACTING PRESIDENT COONEY:   Will the 

 3    sponsor yield?

 4                 SENATOR RIVERA:   I will.

 5                 ACTING PRESIDENT COONEY:   The 

 6    sponsor yields.  

 7                 SENATOR HELMING:   It sounds pretty 

 8    crappy to me -- 

 9                 (Laughter.)

10                 SENATOR HELMING:   -- adding more 

11    levels of government bureaucracy, creating a 

12    single FI, creating regional, taking away the 

13    ability of local businesses to serve local 

14    people.  It seems pretty bad to me.

15                 We've heard that -- well, first of 

16    all, what's the Legislature's intent behind 

17    transitioning to a single statewide FI?  You had 

18    mentioned -- is it to get rid of -- because you 

19    think there are too many FIs operating in the 

20    state?  

21                 SENATOR RIVERA:   Through you, 

22    Mr. President.  So it is -- Senator Helming 

23    described it as pretty crappy.  I would describe 

24    it as ugly crappy.  

25                 But the transition here, the hope 


                                                               2895

 1    is, according to the Governor's insistence and 

 2    her team's insistence, that this will save us 

 3    money and that it will result in some 

 4    administrative benefits.  That is the argument 

 5    that they have been making.  

 6                 One second, Mr. President.

 7                 (Pause.)

 8                 SENATOR RIVERA:   Through you, 

 9    Mr. President.  For further clarification, yes, 

10    as I said, some -- according to the Governor and 

11    her team's insistence, not only will this save us 

12    a lot of money, but will also make it more 

13    administratively -- more simple.  

14                 And I would -- and I would tell you, 

15    Mr. President, as we've -- as I stated at the 

16    beginning, there's many of us who absolutely 

17    believe that we need to reform the way that the 

18    system is currently organized so that we can have 

19    not some bad actors taking advantage of the 

20    current setting, but what many of us thought was 

21    a better angle here is to make sure that both 

22    for -- whether we're talking about cultural 

23    competence, whether we're talking about 

24    geographic competence, for lack of a better term, 

25    or having -- having less of them was certainly 


                                                               2896

 1    the goal.  

 2                 But the Governor's insistence was 

 3    that we go all the way to one.  So through you, 

 4    Mr. President, to save money and for 

 5    administrative benefits.

 6                 SENATOR HELMING:   Through you, 

 7    Mr. President, if the sponsor will yield.

 8                 ACTING PRESIDENT COONEY:   Will the 

 9    sponsor yield? 

10                 SENATOR RIVERA:   Yes, sir.

11                 ACTING PRESIDENT COONEY:   The 

12    sponsor yields.

13                 SENATOR HELMING:   I never thought 

14    I'd hear those words come out of your mouth.  

15    Like that's the exact opposite of what you 

16    usually say.  To save money, to save money on 

17    250,000 to 300,000 people who are chronically 

18    ill, seniors, who dependent upon these services 

19    to survive, to live as independently as possible.  

20                 To me, budgets are about priorities, 

21    and I think this should have been a top priority.

22                 But you talk about improving the 

23    situation.  Let's go there for a minute.  We've 

24    heard that moving to a single state contractor 

25    will prevent fraud and abuse in the program.  Can 


                                                               2897

 1    you elaborate on this?

 2                 SENATOR RIVERA:   Through you, 

 3    Mr. President.  Just like where -- as 

 4    Senator Helming stated at the very beginning, we 

 5    are on the same page.  This is not where I wanted 

 6    to end up.  I would rather not be here, 

 7    Mr. President, talking about this version.  But 

 8    this is the absolutely best that we could get.

 9                 The insistence is that this is going 

10    to both save money and be more administratively, 

11    you know, efficient.  For the sake of the 

12    patients who are served by this, as well as the 

13    assistants or the employees, right, the folks who 

14    are the workers who actually serve these 

15    patients, I would hope so.

16                 But again, it's -- the -- this is 

17    not an argument that I'm making.  The argument 

18    that I'm making is that I would have rejected the 

19    changes -- rejected the proposal, as was in our 

20    one-house, Mr. President -- we reject the 

21    Governor's proposal and would have a conversation 

22    about how to make it more a system that kind of 

23    has less FIs across the state, certainly, but not 

24    all the way going to one.

25                 SENATOR HELMING:   Through you, 


                                                               2898

 1    Mr. President, if the sponsor will continue to 

 2    yield.

 3                 ACTING PRESIDENT COONEY:   Will the 

 4    sponsor yield? 

 5                 SENATOR RIVERA:   Yup.

 6                 ACTING PRESIDENT COONEY:   The 

 7    sponsor yields.  

 8                 SENATOR HELMING:   So there have 

 9    been other states that have gone to this model, 

10    including Massachusetts and Pennsylvania.  In 

11    those states, what they've said -- what they've 

12    witnessed is that caregivers have gone weeks or 

13    months without pay and left thousands of 

14    individuals with disabilities and chronic 

15    illnesses without services.  

16                 So what guardrails are in this 

17    language that when we go to this model we're not 

18    going to experience those same problems?

19                 (Pause.)

20                 SENATOR RIVERA:   So through you, 

21    Mr. President.  The goal here would be -- and 

22    again, just -- I can't underline this enough.  

23    This is not the version I wanted to actually get 

24    to the last -- to -- that we would get to 

25    actually vote on.  But it is the one that we've 


                                                               2899

 1    got to deal with, so it is what it is.

 2                 The goal here, we would have -- we 

 3    will certainly have oversight.  The argument that 

 4    is made by the Governor's office is that making 

 5    this transition would make it easier to -- again, 

 6    this is the administrative efficiency, so that 

 7    basically we would be looking at one spigot, so 

 8    to speak.  

 9                 And I can tell you that during -- 

10    that whenever this actually goes into effect -- 

11    in this case, if everything continues between now 

12    and next year as it is, it would be April 1st of 

13    2025 -- that there's many of us who are going to 

14    be paying very close attention to it.  There will 

15    likely be some conversations that we have between 

16    now and then to make sure that this can be a less 

17    painful transition.  

18                 But I'm -- you know, I'm just not 

19    fully convinced by the arguments that were made 

20    to us by the Governor's office and their team.  

21    But ultimately this is what we had to agree upon.  

22    We tried to get the best -- once more, the least 

23    crappy version of this.

24                 SENATOR HELMING:   Through you, 

25    Mr. President, if the sponsor will continue to 


                                                               2900

 1    yield.

 2                 ACTING PRESIDENT COONEY:   Will the 

 3    sponsor yield?

 4                 SENATOR RIVERA:   Yes.

 5                 ACTING PRESIDENT COONEY:   The 

 6    sponsor yields.  

 7                 SENATOR HELMING:   My first comment 

 8    is we don't have to agree to it.  We can vote no 

 9    today on this.  

10                 And my second -- my question is, 

11    Senator Rivera, have you heard of a company 

12    called DocGo?  

13                 SENATOR RIVERA:   Yes, 

14    Mr. President.  Through you, Mr. President, I 

15    sure have.

16                 SENATOR HELMING:   Mr. President, if 

17    the sponsor will continue to yield.

18                 ACTING PRESIDENT COONEY:   Will the 

19    sponsor yield?

20                 SENATOR RIVERA:   Yes.

21                 ACTING PRESIDENT COONEY:   The 

22    sponsor yields.

23                 SENATOR HELMING:   They were hired 

24    as a single firm to manage the influx of 

25    migrants, illegal immigrants and others in 


                                                               2901

 1    New York City.  How did that go?

 2                 SENATOR RIVERA:   Mr. President, 

 3    obviously this was not something that was managed 

 4    at the state level or that I had anything to do 

 5    with.  But the news is pretty clear on this.  

 6    This was a single-source contract -- according to 

 7    the news, it was a single-source contract that 

 8    completely bungled the entire thing.  It was 

 9    probably handed to them because you had -- you 

10    know, they had friends in right places.  And it 

11    didn't work out well.  To the point where it was 

12    taken away from them, I believe.

13                 SENATOR HELMING:   Mr. President, if 

14    the sponsor will continue to yield.

15                 ACTING PRESIDENT COONEY:   Does the 

16    sponsor yield?

17                 SENATOR RIVERA:   Yup.

18                 ACTING PRESIDENT COONEY:   The 

19    sponsor yields.

20                 SENATOR HELMING:   So we should be 

21    learning from all of these experiences.  

22                 So again, when I asked the question 

23    about what guardrails we had in place, there 

24    really wasn't an answer.  It's that we have hope 

25    that it will work out.


                                                               2902

 1                 Let me ask you, does the bill 

 2    require that the Comptroller's office review the 

 3    contract before it is let go?

 4                 SENATOR RIVERA:   Through you, 

 5    Mr. President, it does not.  I would have loved 

 6    to have that in there, but we could not get 

 7    agreement on that point.

 8                 SENATOR HELMING:   Through you, 

 9    Mr. President, if the sponsor will continue to 

10    yield.

11                 ACTING PRESIDENT COONEY:   Does the 

12    sponsor yield?

13                 SENATOR RIVERA:   Yes.

14                 ACTING PRESIDENT COONEY:   The 

15    sponsor yields.  

16                 SENATOR HELMING:   It's my 

17    understanding in the DocGo, at least the 

18    comptroller reviewed the contract and recommended 

19    don't go with the company.  But we don't even 

20    have that protection for these 250,000 to 300,000 

21    people who rely on this service.

22                 Is there any movement to adding that 

23    protection into the language?  

24                 SENATOR RIVERA:   Through you, 

25    Mr. President.  We have the language that -- we 


                                                               2903

 1    have -- the language that we have before us is 

 2    the language that we have before us.

 3                 SENATOR HELMING:   Through you, 

 4    Mr. President, if the sponsor will continue to 

 5    yield.

 6                 ACTING PRESIDENT COONEY:   Will the 

 7    sponsor yield? 

 8                 SENATOR RIVERA:   Yup.

 9                 ACTING PRESIDENT COONEY:   The 

10    sponsor yields.  

11                 SENATOR HELMING:   Senator Rivera, 

12    there have been obviously media reports on this 

13    whole situation.  To your knowledge, is there a 

14    particular entity that the department is 

15    interested in hiring?

16                 SENATOR RIVERA:   Through you, 

17    Mr. President.  I know that there was -- one of 

18    the companies whose name has been bandied about, 

19    if you will, is PPPL, is it?  I've never heard of 

20    them myself.  And I believe that there's three or 

21    four other companies that might potentially be in 

22    consideration for it.

23                 SENATOR HELMING:   Through you, 

24    Mr. President, if the sponsor will continue to 

25    yield.  


                                                               2904

 1                 ACTING PRESIDENT COONEY:   Will the 

 2    sponsor yield?

 3                 SENATOR RIVERA:   Yes.

 4                 ACTING PRESIDENT COONEY:   The 

 5    sponsor yields.  

 6                 SENATOR HELMING:   Senator Rivera, 

 7    are the requirements, the qualifications of 

 8    the -- for the single FI, are they in your 

 9    opinion so narrow that it's almost like they're 

10    written for a specific company?  And -- and is 

11    that company required to have statewide 

12    experience?  Which in New York State, since we've 

13    never had this, we wouldn't necessarily have 

14    someone in the state who has that experience.

15                 (Pause.)

16                 SENATOR RIVERA:   Through you, 

17    Mr. President.  This is what my dad used to do 

18    with the glasses, so you're going to have to -- 

19    I'm old.  You're going to have to deal with this.  

20                 The criteria -- this is -- I'm 

21    quoting from the bill language, it's page 62.  

22    This is 8307C, for those following at home, 

23    page 62, line 37.  The criteria for selection of 

24    the statewide fiscal intermediary, which shall 

25    include at a minimum that the eligible contractor 


                                                               2905

 1    is capable of performing statewide competency 

 2    specific to the population of consumers and those 

 3    of the available workforce, has experience 

 4    serving individuals with disabilities, and as of 

 5    April 1, 2024, is providing services as a fiscal 

 6    intermediary on a statewide basis with at least 

 7    one other state.  

 8                 That is -- that is the -- what is 

 9    currently on the bill.

10                 SENATOR HELMING:   Thank you.  

11                 Through you, Mr. President, if the 

12    sponsor will continue to yield.

13                 ACTING PRESIDENT COONEY:   Will the 

14    sponsor yield?

15                 SENATOR RIVERA:   Yes.

16                 ACTING PRESIDENT COONEY:   The 

17    sponsor yields.

18                 SENATOR HELMING:   So 

19    Senator Rivera, are there any prohibitions on the 

20    single FI making political contributions to state 

21    elected officials?  

22                 SENATOR RIVERA:   Through you, 

23    Mr. President, no.

24                 SENATOR HELMING:   Through you, 

25    Mr. President, if the sponsor will continue to 


                                                               2906

 1    yield.

 2                 ACTING PRESIDENT COONEY:   Will the 

 3    sponsor yield?

 4                 SENATOR RIVERA:   Yes.

 5                 ACTING PRESIDENT COONEY:   The 

 6    sponsor yields.  

 7                 SENATOR HELMING:   Senator Rivera, 

 8    have there been any impact studies conducted to 

 9    assess the economic effects of reducing the 

10    number of fiscal intermediaries on local 

11    economies?  

12                 SENATOR RIVERA:   Through you, 

13    Mr. President, not that I'm aware of.

14                 SENATOR HELMING:   Okay.  Through 

15    you, Mr. President, last question on this 

16    subject.

17                 ACTING PRESIDENT COONEY:   Will the 

18    sponsor yield? 

19                 SENATOR RIVERA:   Although I doubt 

20    that very much, Mr. President, I will indeed 

21    yield.

22                 SENATOR HELMING:   Me.  From me.

23                 ACTING PRESIDENT COONEY:   The 

24    sponsor yields.  

25                 SENATOR RIVERA:   See, you weren't 


                                                               2907

 1    specific.  

 2                 Yes, I yield.

 3                 SENATOR HELMING:   Thank you.

 4                 Senator Rivera, how frequently will 

 5    the contract with the single statewide FI be 

 6    reviewed and potentially renegotiated or put out 

 7    to bid?  

 8                 SENATOR RIVERA:   Mr. President, 

 9    through you, there is nothing in the current 

10    language that sets parameters on that issue.

11                 SENATOR HELMING:   Through you, 

12    Mr. President, one more question.

13                 (Laughter.)

14                 ACTING PRESIDENT COONEY:   Does the 

15    sponsor yield?

16                 SENATOR RIVERA:   Through you, 

17    Mr. President, I knew it.  I knew it, and I said 

18    it.

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.  

21                 SENATOR HELMING:   Senator Rivera, 

22    is that a red flag for you?  

23                 (Laughter.)

24                 SENATOR RIVERA:   Through you, 

25    Mr. President.  There's like a -- there's just -- 


                                                               2908

 1    there's just a parade of flags, Madam, red and 

 2    yellow and white and every other color you can 

 3    imagine.  And not in a nice little rainbow 

 4    arrangement.  I have issues with this entire 

 5    thing.  

 6                 This is the best that we could get.  

 7    And, you know, it's -- I am incredibly thankful 

 8    for both our staff and the leader that we managed 

 9    to hold the line for as long as we did.  There 

10    are parts here that we were able to get taken out 

11    that were in the original budget proposal, I 

12    should say, specifically related to wage parity.  

13    That's something that was in the original 

14    proposal, to cut wages for workers that are 

15    helping these consumers.  And we were able to get 

16    that back.  

17                 But as you've pointed out, there are 

18    many ways in which this is not a good proposal.  

19    But -- yeah.  

20                 SENATOR HELMING:   Through you, 

21    Mr. President, quickly on the bill.

22                 ACTING PRESIDENT COONEY:   Senator 

23    Helming on the bill.

24                 SENATOR HELMING:   So the CDPAP 

25    program is incredibly important, as we just 


                                                               2909

 1    heard, providing services to chronically ill and 

 2    physically challenged New Yorkers, about -- 

 3    almost 300,000 of them.

 4                 This program proposes changes that 

 5    are not only unnecessary -- and we heard, that 

 6    aren't even supported by some members of the 

 7    Majority, yet for some reason they have been 

 8    accepted and incorporated into this budget.  

 9                 Not only does it pose potential 

10    risks to these vulnerable New Yorkers, but it 

11    also potentially jeopardizes thousands and 

12    thousands of jobs in every single community 

13    across the State of New York.

14                 Mr. President, if the sponsor will 

15    continue to -- or if the sponsor will yield for a 

16    few questions on Part Q.

17                 ACTING PRESIDENT COONEY:   Does the 

18    sponsor yield?  

19                 SENATOR RIVERA:   Here I am again, 

20    Mr. President.  I do indeed.

21                 See?  I knew there was going to be 

22    more questions.

23                 ACTING PRESIDENT COONEY:   The 

24    sponsor yields.

25                 SENATOR HELMING:   Senator Rivera, 


                                                               2910

 1    Part Q includes scope of practice for certain 

 2    professions.  

 3                 Again, I think we've had these 

 4    conversations that across our state there is a 

 5    critical shortage of primary care providers.  So 

 6    many of our constituents have problems finding 

 7    medical assistance when they need it, whether 

 8    it's because there's a shortage of professionals 

 9    or, you know, just such limited access.

10                 I have FQHCs who are telling me that 

11    they've cut back workers, they've cut back on 

12    their hours because of worker shortages, funding 

13    cuts.  Nursing homes who reach out on a regular 

14    basis to tell me about their shortages, trying to 

15    get workforce, trying to hire qualified people.

16                 I had an FQHC who provides dental 

17    services provide me with some statistics.  They 

18    have almost 8,000 people, low-income people, on 

19    waiting lists for dental -- routine dental 

20    services.  That started when we had the COVID 

21    pandemic and we mandated that the dentists give 

22    vaccines.  They saw a decline in the number of 

23    dentists who were available.  And the backup has 

24    just continued to grow.

25                 So the Governor, in her budget, has 


                                                               2911

 1    proposed a few things that I think would help 

 2    alleviate some of these issues, provide some 

 3    relief to our constituents, including in the 

 4    Governor's budget she had included language that 

 5    would authorize dental hygienists to handle these 

 6    additional procedures to get some of this backlog 

 7    relieved.  And the Majority has rejected that in 

 8    its entirety -- not modified it, but rejected it 

 9    in its entirety.  

10                 What are we doing to get these folks 

11    the services that they so desperately need?

12                 SENATOR RIVERA:   Through you, 

13    Mr. President.  There's certainly a lot that me 

14    and my colleagues in the conference -- the 

15    Majority Conference and myself are trying to do 

16    on this issue as it relates to workforce 

17    shortages and to how to address it across the 

18    state.  

19                 As a matter of fact, Mr. President, 

20    I'm sure you remember I was in Rochester just 

21    last year talking to many stakeholders in your 

22    neck of the woods about this issue.  And 

23    certainly it is one that is important to me.  

24                 As it relates to the budget, this 

25    particular part, we were just not able to get an 


                                                               2912

 1    agreement on, particularly with our folks in the 

 2    Assembly.  And as it is, if there is a table of 

 3    three and two of them are saying we've got to go, 

 4    and we're saying we've got to hold, eventually 

 5    things come out.  So that was intentionally 

 6    omitted.

 7                 SENATOR HELMING:   Through you, 

 8    Mr. President, if the sponsor will continue to 

 9    yield.  

10                 ACTING PRESIDENT COONEY:   Will the 

11    sponsor yield?

12                 SENATOR RIVERA:   Yes.

13                 ACTING PRESIDENT COONEY:   The 

14    sponsor yields.  

15                 SENATOR HELMING:   So continuing 

16    along those same lines, the Governor had included 

17    language in her budget proposal that would allow, 

18    in residential healthcare facilities, certified 

19    nurse's aides could become certified medication 

20    aides able to administer routine medications to 

21    residents under the supervision of a registered 

22    nurse.

23                 Why was that completely removed?  

24    Why not propose a modification that would allow 

25    us to meet the needs of the people in our 


                                                               2913

 1    communities?

 2                 SENATOR RIVERA:   Through you, 

 3    Mr. President.  Funny -- funny enough, I have -- 

 4    there's a bill that I am working on, I believe 

 5    there's a bill that you're working on.  And 

 6    there's a bill that we are working on together 

 7    exactly on this issue.  

 8                 We couldn't get a final version of 

 9    something as it relates to -- as it relates to 

10    this in the budget.  So there's a piece of 

11    legislation that we're going to seek outside of 

12    the budget before the session is done.

13                 SENATOR HELMING:   Through you, 

14    Mr. President, if the sponsor will continue to 

15    yield.

16                 ACTING PRESIDENT COONEY:   Will the 

17    sponsor yield?

18                 SENATOR RIVERA:   Yes.

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.

21                 SENATOR HELMING:   Senator Rivera, 

22    just going back to the dental care for a moment, 

23    I think it's really important that I ask the 

24    question:  Are you aware that there is a 

25    significant struggle trying to find providers to 


                                                               2914

 1    care for people with developmental disabilities?  

 2                 SENATOR RIVERA:   Through you, 

 3    Mr. President, yes, I am.

 4                 SENATOR HELMING:   Thank you.  

 5                 Through you, Mr. President, if the 

 6    sponsor will continue to yield.  

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield? 

 9                 SENATOR RIVERA:   Yes.

10                 ACTING PRESIDENT COONEY:   The 

11    sponsor yields.  

12                 SENATOR HELMING:   Senator Rivera, 

13    is there anything in this budget -- so I hear and 

14    you probably do too -- many of us probably do -- 

15    hear from parents, especially of adult children 

16    who have dual diagnoses, mental health issues, 

17    maybe behavioral health, and developmental 

18    disabilities.  And I hear all the time that they 

19    continue to fall through the cracks.  They're 

20    winding up either in jail cells or they're 

21    winding up in hospitals where they don't belong, 

22    they're not getting the treatment that they need.

23                 In this budget, what -- what is in 

24    here to help address -- to close those cracks, to 

25    help address making sure that people with dual 


                                                               2915

 1    diagnoses have access to the care and the 

 2    services that they need?

 3                 SENATOR RIVERA:   Through you, 

 4    Mr. President.  If I can ask the Senator to 

 5    elaborate a little bit more.  Like what -- what 

 6    is -- what specifically is she referring to as 

 7    far as what you think should have been in there?

 8                 SENATOR HELMING:   Through you, 

 9    Mr. President.  Happy to answer that question.

10                 SENATOR RIVERA:   Oh, yes, I should 

11    have --

12                 ACTING PRESIDENT COONEY:   That's 

13    okay.  Senator Helming yields to answer the 

14    question.

15                 SENATOR HELMING:   What should 

16    happen is that we need to figure out a way so 

17    that parents and people who need services don't 

18    feel like they're getting different answers from 

19    OMH and OPWDD.  We need to open up more beds.  We 

20    need to provide more providers.  These are all 

21    things that we've discussed many times.  

22                 And what I'm looking for is, is that 

23    a priority that the Majority felt was necessary 

24    to include in the budget?  And if there is 

25    anything to address these folks who are falling 


                                                               2916

 1    through the cracks, where is it in the budget?

 2                 SENATOR RIVERA:   I would say 

 3    first -- Mr. President, through you -- there 

 4    are -- there was a lot of -- there were a lot of 

 5    things -- this is -- I'm going to repeat myself a 

 6    little bit only because it certainly needs to be 

 7    repeated that this is the best version that we 

 8    could get on a whole host of things.  

 9                 And although I might not necessarily 

10    be able to recall at this point -- although I'm 

11    sure the staff will and they'll tell me in a 

12    second -- about things specifically related to 

13    that subcategory of person in the State of 

14    New York, I can certainly tell you that I have 

15    serious concerns about proposals the Governor 

16    made that will impact vulnerable populations 

17    across the state.  And I have made -- I made the 

18    case throughout the entire budget process, from 

19    the moment that it was announced, to all the 

20    hearings, to the one-house, you know, 

21    conversations that I've had both publicly and 

22    privately for the whole year since the Governor 

23    proposed her budget, whether it's for the CDPAP 

24    program -- we already spoke about that -- whether 

25    it's cuts to the Health Home Program, whether 


                                                               2917

 1    it's the cuts to Medicaid generally, et cetera, 

 2    et cetera, et cetera.  

 3                 So I'm going to check in with these 

 4    folks in a second because there might have been 

 5    something specifically related to the subcategory 

 6    of folks that you are talking about.  But for me, 

 7    the whole concern -- my concern is the entirety 

 8    of the proposal that the Governor initially made 

 9    was going in the completely wrong direction and 

10    making unreasonable changes to programs that are 

11    going to impact vulnerable people across the 

12    state.  

13                 And we made the best attempt that we 

14    could to kind of straighten it out a little bit.  

15    But let me figure out something specifically 

16    here.

17                 (Pause.)

18                 SENATOR HELMING:   Through you, 

19    Mr. President.  If the sponsor would like to get 

20    back to me, happy to do that.

21                 SENATOR RIVERA:   I will do just 

22    that.  Thank you.  

23                 SENATOR HELMING:   Mr. President, I 

24    would just quickly like to wrap up and thank 

25    Senator Rivera for his time and his responses.  


                                                               2918

 1                 Thank you.

 2                 ACTING PRESIDENT COONEY:   Thank 

 3    you, Senator Helming.

 4                 Senator Borrello, why do you rise?

 5                 SENATOR BORRELLO:   Mr. President, 

 6    I'm looking for -- to continue on Part HH, if the 

 7    sponsor would yield.

 8                 ACTING PRESIDENT COONEY:   Does the 

 9    sponsor yield to Senator Borrello?  

10                 SENATOR RIVERA:   Through you, 

11    Mr. President, on Part Hhhh (exhaling).

12                 ACTING PRESIDENT COONEY:   The 

13    sponsor yields.

14                 SENATOR BORRELLO:   Through you, 

15    Mr. President.  Let me start off by saying we -- 

16    I appreciate your candor on this whole situation.  

17    And I know that, you know, you're -- it's your 

18    job to carry the water at this moment.  But there 

19    are some questions that I would appreciate some 

20    further candor on.

21                 Let me start off by asking, are you 

22    familiar with the Non-Emergency Medical 

23    Transportation, NEMT program?  And you'll know 

24    why I'm going down this path.

25                 SENATOR RIVERA:   Through you, 


                                                               2919

 1    Mr. President, are you asking if I'm familiar?

 2                 SENATOR BORRELLO:   Yeah, are you 

 3    familiar with that program.

 4                 SENATOR RIVERA:   Through you, 

 5    Mr. President, yes, I am. 

 6                 SENATOR BORRELLO:   Mr. President, 

 7    will the sponsor continue to yield.

 8                 ACTING PRESIDENT COONEY:   Will the 

 9    sponsor yield?

10                 SENATOR RIVERA:   Yes.

11                 ACTING PRESIDENT COONEY:   The 

12    sponsor yields.  

13                 SENATOR BORRELLO:   So if you're 

14    familiar with that program, you'll know that it's 

15    been a disaster.  I was in county government when 

16    it switched in 2014 from counties being able to 

17    dispatch those non-emergency rides for Medicaid 

18    patients to doctor's appointments to the broker 

19    system that was developed by our former governor, 

20    Andrew Cuomo.  

21                 As far back as 2020, under the 

22    MRT II, it was identified that this was a 

23    multi-million-dollar annual waste of money.  They  

24    went from a decentralized process where counties 

25    dispatched the best way possible to get those 


                                                               2920

 1    folks to their non-emergency medical 

 2    appointments, to a centralized broker system in 

 3    New York State which then cost us millions and 

 4    millions of dollars and lots of waste, fraud and 

 5    abuse -- not my words, the words of the State 

 6    Comptroller.  

 7                 Why do you think -- or why does 

 8    someone, not necessarily you, think that going to 

 9    this single-broker system is going to be any 

10    different than that disaster?

11                 (Pause.)

12                 SENATOR RIVERA:   Through you, 

13    Mr. President.  (Shrugging shoulders; sighing.)  

14    I'm not sure -- I've got to say some extra words, 

15    because I'm not sure that that (sighing) can be 

16    transcribed.  But I -- I don't -- I don't know, 

17    bro.  

18                 (Laughter.)  

19                 SENATOR BORRELLO:   Mr. President, 

20    will the sponsor continue to yield.

21                 ACTING PRESIDENT COONEY:   Will the 

22    sponsor yield? 

23                 SENATOR RIVERA:   Yes.

24                 ACTING PRESIDENT COONEY:   The 

25    sponsor yields.  


                                                               2921

 1                 SENATOR BORRELLO:   So that brings 

 2    me to my next question.  So one of the things 

 3    that brought about the exposure of the waste, 

 4    fraud and abuse of this single-broker system by a 

 5    well-known Cuomo donor in the NEMT was the fact 

 6    that the Comptroller reviewed the -- and audited 

 7    the program and found it was wasting hundreds of 

 8    millions of dollars a year.  

 9                 However, according to what we have 

10    read, you specifically took out the Comptroller 

11    review of this contract.  Why would you do that?

12                 SENATOR RIVERA:   Through you, 

13    Mr. President.  It was not my idea.  

14                 (Laughter.)

15                 SENATOR RIVERA:   I can give you -- 

16    I can give you a few guesses -- although you'll 

17    probably get them all right -- as to where this 

18    idea came from.  

19                 The notion, as was espoused, if you 

20    will, by the Governor and her team, was very 

21    similar to what was stated before as it relates 

22    to CDPAP.  There is a savings of money, and 

23    administrative efficiencies would be achieved, 

24    et cetera, et cetera.  

25                 SENATOR BORRELLO:   Mr. President, 


                                                               2922

 1    will the sponsor continue to yield.

 2                 ACTING PRESIDENT COONEY:   Will the 

 3    sponsor yield?

 4                 SENATOR RIVERA:   Sure.

 5                 ACTING PRESIDENT COONEY:   The 

 6    sponsor yields.

 7                 SENATOR BORRELLO:   Okay, so I'm 

 8    going to glean from that that someone in the 

 9    Governor's office thought it was a good idea for 

10    the State Comptroller to not have oversight over 

11    this -- this single broker who's going to now 

12    handle the entire CDPAP program.  

13                 But there's another troubling part 

14    to this, and that is where it says 

15    "notwithstanding State Finance Law," which 

16    essentially means that in choosing this 

17    particular single broker, this single supplier, 

18    you don't have to follow the state procurement 

19    laws.  That's also removed in this agreement.  

20                 Why would we do that?

21                 SENATOR RIVERA:   Through you, 

22    Mr. President.  You know, this is the moment that 

23    if I was in court, I'd be like "I'd like that 

24    read back into the record."  Because I basically 

25    would answer exactly the same way as I did in the 


                                                               2923

 1    prior one, by starting with the fact that it 

 2    wasn't my (unspoken expletive) idea.  And that I 

 3    don't think it's a good idea.  But it is the best 

 4    that we could -- that we could actually get.

 5                 SENATOR BORRELLO:   Mr. President, 

 6    will the sponsor continue to yield.

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 SENATOR RIVERA:   Yep.

10                 SENATOR BORRELLO:   So maybe by 

11    process of elimination, if it wasn't the chairman 

12    of the Senate Health Committee's idea, was it the 

13    chair in the Assembly's idea to remove these two 

14    very critical components of this process?  

15                 SENATOR RIVERA:   Through you, 

16    Mr. President.  The first thing I will point 

17    out -- and this is like, we're all having fun 

18    here -- maybe.  Maybe.  Well, I'm not really, but 

19    whatever.  There is -- it is -- it should be 

20    pointed out that there is still -- because we're 

21    talking about state dollars, the Comptroller 

22    still can do auditing after the fact.  

23                 However, you are correct, that in 

24    the choosing of the contractor, that is not -- 

25    that was kind of excised.  


                                                               2924

 1                 And as far as where it came from, it 

 2    came from the Governor's office.  Like there was 

 3    the -- the notion that doing it, that we have to 

 4    do it quickly.  And I'm all in -- I'm -- 

 5    certainly -- you know, I certainly would be -- 

 6    would have my ears open for somebody saying, 

 7    like, we can get something done more effectively, 

 8    more efficiently.  You know, I'm open to having 

 9    that conversation.  I would not -- if there was a 

10    way to have oversight throughout the entire 

11    process, I would prefer it.  

12                 But I will say that there is -- I 

13    will just, again, underline that because we're 

14    talking about state dollars, the audit can happen 

15    afterwards.  So there's that.  

16                 But you are correct in what you're 

17    suggesting, that having it throughout the entire 

18    process, including in the choosing of it, would 

19    be a preferable outcome.

20                 SENATOR BORRELLO:   Mr. President, 

21    will the sponsor continue to yield?

22                 ACTING PRESIDENT COONEY:   Will the 

23    sponsor yield?

24                 SENATOR RIVERA:   Yes.

25                 ACTING PRESIDENT COONEY:   The 


                                                               2925

 1    sponsor yields.

 2                 SENATOR BORRELLO:   So in the 

 3    case -- going back to the Non-Emergency Medicaid 

 4    Transportation, there was indeed an audit done.  

 5    It was done going on four years ago now.  Are you 

 6    aware of any modifications to the Non-Emergency 

 7    Medicaid Transportation Program since that audit 

 8    and those recommendations from the Comptroller 

 9    and also from the MRT II?

10                 SENATOR RIVERA:   Through you, 

11    Mr. President, if the -- if Senator Borrello 

12    could clarify the -- what audit, specifically 

13    what audit he is in reference to, what year's 

14    audit is he referring to?

15                 ACTING PRESIDENT COONEY:   Senator 

16    Borrello, can you clarify?  

17                 SENATOR BORRELLO:   Through you, 

18    Mr. President.  A 2020 audit.  Also the MRT II 

19    recommendations.  So both, I believe, 2020.

20                 (Pause.)

21                 SENATOR RIVERA:   Through you, 

22    Mr. President.  It was precisely -- the change to 

23    the single broker actually happened because of 

24    the -- because of MRT II.  So the -- so the 

25    change from the two-manager system that existed 


                                                               2926

 1    prior to the one broker actually happened because 

 2    of MRT II.  

 3                 SENATOR BORRELLO:   Mr. President, 

 4    will the sponsor continue to yield.

 5                 ACTING PRESIDENT COONEY:   Will the 

 6    sponsor yield?

 7                 SENATOR RIVERA:   Yes.

 8                 ACTING PRESIDENT COONEY:   The 

 9    sponsor yields.  

10                 SENATOR BORRELLO:   So let me just 

11    clarify.  That's actually not correct, and I'll 

12    tell you why.  

13                 So what happened was we went from 

14    the county-controlled system in 2014 to the 

15    broker system.  Then in 2020, what the brokers 

16    figured out quickly was that the longer the ride 

17    was, the more money they made.  So they kept -- 

18    they would dispatch like a taxi driver from the 

19    city of Buffalo to come down to my district, 50, 

20    60, 70 miles away, to pick up somebody to bring 

21    them back to Buffalo to have a non-emergency 

22    doctor's appointment, and then back and forth.  

23    And in some cases a taxi driver's making $300 or 

24    $400 per trip for moving one person.

25                 So MRT II suggested that we needed 


                                                               2927

 1    to more of a -- from a fee-for-service to a more 

 2    essentially patient-centered model, which would 

 3    have reduced that cost.  Which has yet to happen.  

 4                 So I bring this up because you said 

 5    it's okay, we can audit it afterwards.  We 

 6    audited this through the Comptroller's office and 

 7    as a recommendation from the MRT II.  Four years 

 8    later, they still have not made those recommended 

 9    changes from both the MRT II and from the 

10    Comptroller.  

11                 So the long way around to this is 

12    why do we think that will be any better here?  We 

13    could be years and years and years down the road 

14    wasting money even after an audit because of the 

15    fact that we're not allowing some preemptive -- 

16    some preemptive I guess due diligence with the 

17    Comptroller, and also with following the proper 

18    procedures of the state procurement process.

19                 (Pause.)

20                 SENATOR RIVERA:   So through you, 

21    Mr. President.  What I will tell you is that 

22    although I might have a slight disagreement as 

23    far as the -- I might have a slight disagreement 

24    as far as how -- what you're describing at the 

25    level of the driver obviously is correct, and I'm 


                                                               2928

 1    not -- you've heard this yourself.  What I was 

 2    describing was something more at the state level 

 3    as far as how the money flowed.  

 4                 But that disagreement or that 

 5    misunderstanding does not erase the fact that I 

 6    am in agreement with you that we should have -- 

 7    everywhere that state dollars are being used, we 

 8    should be able to have oversight.  And 

 9    particularly if we're talking about the -- in the 

10    case of the Comptroller, whose level of expertise 

11    is to make sure that money is being spent wisely, 

12    that having them throughout the entire process.

13                 And lastly, I would say that having 

14    them involved to have a role in a process that 

15    might potentially mean billions of dollars of 

16    Medicaid, so both state and federal dollars 

17    flowing to a particular entity, having the 

18    Comptroller involved at that point, I am fully in 

19    agreement with you.  

20                 But again, I will say that that was 

21    not my idea.

22                 SENATOR BORRELLO:   Mr. President, 

23    will the sponsor continue to yield.  

24                 ACTING PRESIDENT COONEY:   Does the 

25    sponsor yield? 


                                                               2929

 1                 SENATOR RIVERA:   Yes.

 2                 ACTING PRESIDENT COONEY:   The 

 3    sponsor yields.

 4                 SENATOR BORRELLO:   Senator Helming 

 5    brought up the DocGo situation.  I understand 

 6    that was not a state issue.  However, we had 

 7    another company that the Governor paid hundreds 

 8    of millions of dollars to for COVID tests -- to a 

 9    company that actually never had sold a single 

10    COVID test before the Governor gave them that 

11    large contract.

12                 Is there anything in here that would 

13    ensure that there is actually a company out there 

14    with experience that can -- qualified and 

15    competently -- do the job without having to 

16    follow state procurement laws and without 

17    oversight of the Comptroller's office?

18                 SENATOR RIVERA:   So through you, 

19    Mr. President.  I read some language into the 

20    record a little bit earlier.  Now, while I might 

21    certainly agree that we could have had even more 

22    further specific -- one second.  (Pause.)

23                 Once again -- through you, 

24    Mr. President -- I will say that there is 

25    language that was -- through negotiations we 


                                                               2930

 1    ultimately came up with language specifically.  I 

 2    will read again from page 62, for those following 

 3    at home:  (Reading)  The criteria for the 

 4    selection of the statewide fiscal intermediary 

 5    which shall include, at a minimum, that the 

 6    eligible contractor is capable of performing 

 7    statewide fiscal intermediary services with 

 8    demonstrated cultural and language competencies 

 9    specific to the population of consumers and those 

10    of the available workforce, has experience 

11    serving individuals with disabilities, and as of 

12    April 1, 2024 -- so 18 days ago -- is providing 

13    services as a fiscal intermediary on a statewide 

14    basis with at least one other state.

15                 So there is some criteria that 

16    addresses the question that you asked -- that he 

17    asked earlier.  Through you, Mr. President.

18                 SENATOR BORRELLO:   Mr. President, 

19    will the sponsor continue to yield.  

20                 ACTING PRESIDENT COONEY:   Does the 

21    sponsor yield?  

22                 SENATOR RIVERA:   Yes.

23                 ACTING PRESIDENT COONEY:   The 

24    sponsor yields.

25                 SENATOR BORRELLO:   So based on 


                                                               2931

 1    that, you could have someone that operates a call 

 2    center with people that are capable of speaking 

 3    multiple languages in that call center, and 

 4    perhaps right now they provide, you know, 

 5    services like, you know, trying to find a place 

 6    to get a COVID vaccine.  Or -- that would be -- 

 7    wouldn't that meet that minimum standard?

 8                 SENATOR RIVERA:   Through you, 

 9    Mr. President.  Although I'm not the one who will 

10    be making the -- who would be determining that 

11    ultimately, since I'm not the department of -- 

12    I'm not the Commissioner of Health, I believe 

13    that what we've described there actually would 

14    exclude the situation that the Senator just 

15    described.

16                 SENATOR BORRELLO:   Okay.  

17                 Mr. President, on the bill.

18                 ACTING PRESIDENT COONEY:   Senator 

19    Borrello on the bill.

20                 SENATOR BORRELLO:   Senator Rivera, 

21    thank you.  I realize that you were, you know, 

22    doing your best in what was a crappy situation, 

23    as you described it.  

24                 So, you know, this is really an 

25    interesting situation.  We're claiming that there 


                                                               2932

 1    is -- and there has been evidence of some fraud 

 2    in this current program.  Likely not the entire 

 3    program, but in certain -- certain elements of 

 4    it.  So what we're going to do now is we're going 

 5    to basically just wipe away this whole program 

 6    and pick one vendor.  Okay.  You could perhaps 

 7    make an argument for that, although I've made the 

 8    argument that that was a complete, utter disaster 

 9    under Andrew Cuomo's pay-to-play NEMT program.

10                 So what are we going to do to 

11    prevent that same fraudulent disaster from 

12    happening again?  Well, we should have some 

13    guardrails in place, the first and foremost, a 

14    review by our Comptroller for the process of 

15    picking a vendor.  

16                 Secondly, just like every local 

17    government, just like every agency, just like 

18    anyone else that buys a box of pens, follow the 

19    state procurement process.

20                 But yet for a multi-billion-dollar 

21    contract, we're going to say, Nope, we don't have 

22    to follow that process.  We don't have to follow 

23    the state procurement guidelines for the choosing 

24    of this very big vendor for New York State.

25                 We are setting ourselves up for the 


                                                               2933

 1    same fraudulent disaster with this particular 

 2    situation.  And in the meantime, what are we also 

 3    going to do?  We're going to wipe away all the 

 4    legitimate folks, all the small contractors 

 5    across this state that are faithfully and 

 6    honestly delivering the services for some of the 

 7    most vulnerable people in New York State.  We're 

 8    going to wipe them out because of a few bad 

 9    actors.  

10                 This is not the right way to do 

11    this.  Particularly because it's very, very clear 

12    that the choice has been made.  There's a vendor 

13    out there right now that's already been chosen 

14    behind closed doors, and they have tailored this 

15    particular part of the budget to ensure that they 

16    are the only ones that will qualify.

17                 I am not Nostradamus, but I can tell 

18    you that I am predicting that right now.  This 

19    really does stink.  And voting for this today is 

20    voting for taking one bad situation and replacing 

21    it with a far worse situation.  The cure is worse 

22    than the disease.

23                 So I'll be voting no on this one.

24                 With that, Mr. President, if I could 

25    move on to Part R.


                                                               2934

 1                 ACTING PRESIDENT COONEY:   Are you 

 2    looking to debate Senator Rivera?  

 3                 SENATOR BORRELLO:   Yes, if I could, 

 4    please.

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    Rivera, will you yield?

 7                 SENATOR BORRELLO:   Is that you?

 8                 SENATOR RIVERA:   Part --

 9                 SENATOR BORRELLO:   Interstate 

10    compact authorizations for physicians and nurses.  

11    Is that you?

12                 SENATOR RIVERA:   Yes, 

13    Mr. President.

14                 ACTING PRESIDENT COONEY: 

15    Senator Rivera yields.

16                 SENATOR BORRELLO:   Through you, 

17    Mr. President.  This seemed like a very good 

18    idea.  We have had issues -- and I'm sure your 

19    office has dealt with it too.  Anytime anyone 

20    wants to get licensed for anything in New York 

21    State, I don't care if it's to cut hair or to cut 

22    people open, there is a backlog of being able to 

23    get someone licensed in New York State.  Problem.  

24                 This would have been a good 

25    solution.  We should say that we are going to 


                                                               2935

 1    allow physicians and nurses, which are 

 2    desperately needed here, to enter into a 

 3    multistate compact.  

 4                 But the Legislature has chosen to 

 5    take that out of this budget.  Can you please 

 6    explain why?  

 7                 SENATOR RIVERA:   Through you, 

 8    Mr. President.  It was another one of those 

 9    things that we could not get agreement on and 

10    ultimately was pulled out of the final 

11    agreed-upon language.

12                 SENATOR BORRELLO:   Mr. President, 

13    will the sponsor continue to yield.

14                 ACTING PRESIDENT COONEY:   Will the 

15    sponsor yield?

16                 SENATOR RIVERA:   Yes.

17                 ACTING PRESIDENT COONEY:   The 

18    sponsor yields.

19                 SENATOR BORRELLO:   So I'm -- as you 

20    were nodding your head before, I'm sure you, like 

21    me, have had many situations with licensing, 

22    right?  So you're saying that this was, again, a 

23    Governor's choice to remove this licensing?

24                 SENATOR RIVERA:   Through you, 

25    Mr. President, not necessarily.  I think there 


                                                               2936

 1    was like -- the fact is that there were parts of 

 2    it that might have been -- you know, the -- there 

 3    might have been parts of this -- parts of this 

 4    part -- interparts, if you will -- which we had 

 5    some soft disagreement on.  Others, strong 

 6    disagreement.  

 7                 But basically, since we're talking 

 8    about something that is -- as you will hear over 

 9    and over again, not only in this bill but in many 

10    others, there are some things which we felt it 

11    necessary to pull outside of the budget process 

12    and deal with outside of the budget process.  And 

13    this was one of them.

14                 SENATOR BORRELLO:   Mr. President, 

15    if the sponsor will continue to yield.  

16                 ACTING PRESIDENT COONEY:   Does the 

17    sponsor yield?

18                 SENATOR RIVERA:   Yes.

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.  

21                 SENATOR BORRELLO:   So you're saying 

22    that there is perhaps a solution that will be 

23    dealt with outside the budget to address this 

24    issue with licensing?

25                 SENATOR RIVERA:   Through you, 


                                                               2937

 1    Mr. President.  What I will tell you is that 

 2    there is -- the issue of workforce shortages and 

 3    workforce challenges, as I stated earlier, is 

 4    something that is very present.  It's certainly 

 5    present to me.  I've been trying to, you know -- 

 6    I mentioned earlier how I traveled not only to 

 7    Senator Cooney's backyard, but Senator Webb's 

 8    backyard.  I've gone up to Buffalo, all over the 

 9    place, on issues of the workforce challenges that 

10    exist around the state.  So I'm certainly aware 

11    of them.  And I'm certainly aware of some of the 

12    things that might help to ease that.  

13                 And so as part of those 

14    conversations, this certainly would be -- will be 

15    part of that.  And I'm hoping that if we ever get 

16    done with the friggin' budget, that we can 

17    actually have a conversation throughout the rest 

18    of the session that would partly help us deal 

19    with this issue.

20                 SENATOR BORRELLO:   Mr. President, 

21    one more question, if the sponsor will continue 

22    to yield.

23                 ACTING PRESIDENT COONEY:   Will the 

24    sponsor yield?

25                 SENATOR RIVERA:   I will state for 


                                                               2938

 1    the record once again that I do not believe that 

 2    it will be the last question from 

 3    Senator Borrello.  But I will indeed yield.  

 4                 (Laughter.)

 5                 ACTING PRESIDENT COONEY:   The 

 6    sponsor yields.

 7                 SENATOR BORRELLO:   Follow-ups 

 8    notwithstanding -- 

 9                 (Laughter.)

10                 SENATOR BORRELLO:   I guess what I'm 

11    trying to understand, this is a pretty simple 

12    solution.  There are two interstate compacts that 

13    we could join that would automatically, 

14    essentially easily, move critically needed 

15    healthcare professionals from, say, the State of 

16    Pennsylvania to the State of New York.  Why would 

17    we say no to that?  I mean, you're saying that 

18    we're going to handle that somewhere outside the 

19    budget, but I didn't hear you say we're going to 

20    join these compacts outside the budget.  Because 

21    this is a simple -- this is low-hanging fruit, 

22    right?  I mean --  

23                 SENATOR RIVERA:   Through you, 

24    Mr. President.  I agreed with my colleague on a 

25    lot of different things.  This one I will not 


                                                               2939

 1    agree on that it's low-hanging fruit.

 2                 SENATOR BORRELLO:   Okay.  Okay.

 3                 SENATOR RIVERA:   It is not simple.  

 4    It is actually quite complicated.  Meaning 

 5    there's a lot of resistance from a lot of 

 6    different angles, from folks who would be 

 7    impacted by the changes that this -- that would 

 8    happen.  And from the -- there's concerns about 

 9    standards in other states might not be as high as 

10    ours, et cetera.  

11                 So it is not a simple thing.  It is 

12    a little bit more complicated.  It is -- I will 

13    agree, as I stated earlier, that we have to look 

14    at every potential solution or every potential 

15    angle to ease the workforce shortages that we 

16    have across the healthcare field in every -- you 

17    know, across the healthcare sector, whether it's 

18    doctors, nurses, physician assistants, you know, 

19    you name it.  

20                 And this is certainly one of the 

21    things that should be explored, but it is not a 

22    low-hanging fruit.  So having a conversation 

23    outside of the budget makes more sense.

24                 SENATOR BORRELLO:   Mr. President, 

25    on the bill.


                                                               2940

 1                 ACTING PRESIDENT COONEY:   Ah.  

 2    Senator Borrello on the bill, finished with his 

 3    questions.

 4                 SENATOR BORRELLO:   Thank you again, 

 5    Senator Rivera.  

 6                 I think it is low-hanging fruit.  I 

 7    have to disagree with my colleague on the other 

 8    side of the aisle because of several reasons.  

 9                 Recently we had a situation where we 

10    had a surgeon from Pennsylvania that wanted to 

11    move to Olean, New York, a rural area that 

12    desperately needs surgeons.  It took 18 months to 

13    get him licensed in New York State.  And every 

14    time there wasn't a T crossed or an I dotted, the 

15    Licensing Department said, oh, we've got to kick 

16    it back and start over again.  Eighteen months 

17    for someone that had nearly two decades of 

18    performing surgery in the State of Pennsylvania.  

19                 Now, we're talking the State of 

20    Pennsylvania, we're not talking about some 

21    Third World country here.  I don't see what the 

22    big difference would be that it would take that 

23    long.  But what makes it more hypocritical is 

24    that our Governor and the previous Governor have 

25    leaned on hospital organizations, healthcare 


                                                               2941

 1    organizations from the State of Pennsylvania to 

 2    essentially keep hospitals in Western New York 

 3    afloat.  UPMC and others, Allegany Healthcare 

 4    Systems, somehow their care -- which, by the way, 

 5    people from New York State end up getting 

 6    transferred to out-of-state hospitals to have 

 7    surgeries performed and other tertiary services.  

 8    That's okay when it helps the Governor save 

 9    money.  But when we want to bring a healthcare 

10    professional from Pennsylvania to perform that 

11    same surgery in New York State -- whoa, whoa, 

12    whoa, we've got to wait and see.  

13                 It's ridiculous.  This is the height 

14    of bureaucracy.  And it's bureaucracy at the 

15    expense of healthcare, a critically needed 

16    healthcare.  If someone wants to move to rural 

17    Western New York -- hell, if anybody wants to 

18    move to New York for any reason at all and 

19    provide services, we should be embracing that, 

20    and as quickly as possible.  And not joining 

21    these consortiums for licensing is a step in the 

22    wrong direction.  

23                 It's another reason why I'll be 

24    voting no on this.  

25                 Thank you, Mr. President.


                                                               2942

 1                 ACTING PRESIDENT COONEY:   Thank 

 2    you, Senator Borrello.

 3                 Senator Stec, why do you rise?

 4                 SENATOR STEC:   If Senator Rivera 

 5    would yield for a few questions, please.

 6                 ACTING PRESIDENT COONEY:   Senator 

 7    Rivera, will you yield?  

 8                 SENATOR RIVERA:   Yes, 

 9    Mr. President.  What part?  

10                 SENATOR STEC:   We're going to talk 

11    a little bit about nursing homes, Medicaid 

12    reimbursement rates.

13                 ACTING PRESIDENT COONEY:   Senator 

14    Rivera yields.

15                 SENATOR RIVERA:   Yes.

16                 SENATOR STEC:   Thank you very much, 

17    Mr. President.  

18                 Senator Rivera, would you agree with 

19    the statement that nursing homes are an important 

20    component of the overall healthcare system of any 

21    society that -- you know, that there's a 

22    relationship between how well they function and 

23    how well they're staffed, with hospitals and 

24    other levels of care, and that if nursing homes 

25    are struggling, then that has an impact not only 


                                                               2943

 1    on the patients and their families but the 

 2    financial health of the rest of the system, puts 

 3    pressure on hospitals and other portions of that?  

 4    Would you generally agree that nursing homes are 

 5    a piece of a larger puzzle?

 6                 SENATOR RIVERA:   Through you, 

 7    Mr. President, I will certainly agree that 

 8    nursing homes are an important piece of the -- 

 9    generally speaking, they're an important piece of 

10    the healthcare delivery system in the state, or 

11    any state, and certainly an important piece of 

12    taking care of our most vulnerable New Yorkers.

13                 SENATOR STEC:   Through you, 

14    Mr. President, if the sponsor would continue to 

15    yield.

16                 ACTING PRESIDENT COONEY:   Will the 

17    sponsor yield?

18                 SENATOR RIVERA:   Yes.

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.  

21                 SENATOR STEC:   Thank you.  

22                 In this budget has anything been 

23    done for Medicaid rebasing?  I believe the last 

24    time that Medicaid rebasing occurred was 2007.  

25    Is that true?  And is Medicaid rebasing getting 


                                                               2944

 1    done in this budget?  

 2                 SENATOR RIVERA:   Through you, 

 3    Mr. President, if the Senator could be specific.  

 4    You're -- are you specifically -- you're 

 5    referring across the board or you're just 

 6    referring to a specific type of provider?  

 7                 SENATOR STEC:   Long-term care.  

 8    Sorry.

 9                 SENATOR RIVERA:   So through you, 

10    Mr. President, there is no -- we did not achieve 

11    a rebasing in this particular budget.  

12                 But nursing homes in particular will 

13    have an increased aggregate amount of 

14    $285 million in Medicaid rates.  It's not 

15    necessarily -- they're not structured as we've 

16    done before as percentages, but it's as a -- kind 

17    of a lump sum.  

18                 And I will say that -- just so 

19    that -- because there might be other questions, 

20    right, that we did -- we were able to achieve 

21    increases for hospitals of 525 million.  This is 

22    as far as Medicaid rates for hospitals.  And then 

23    for assisted living programs or ALPs we were able 

24    to achieve an increase of about 15 million.

25                 I should make clear that even though 


                                                               2945

 1    we certainly -- this is not the way we would have 

 2    liked it.  And as I said earlier, it wasn't my 

 3    idea.  The raises that we were able to achieve 

 4    were not across the board.  So that means that 

 5    FQHCs, hospice, home care or private practices 

 6    who take Medicaid were not included in Medicaid 

 7    raises this year.

 8                 SENATOR STEC:   Thank you.  

 9                 Mr. President, if the sponsor would 

10    continue to yield.

11                 ACTING PRESIDENT COONEY:   Does the 

12    sponsor yield?

13                 SENATOR RIVERA:   Yes.

14                 ACTING PRESIDENT COONEY:   The 

15    sponsor yields.  

16                 SENATOR STEC:   All right, thank 

17    you.  You brought up the $285 million that will 

18    be going towards Medicaid reimbursement.  I know 

19    that, generally speaking, the number that nursing 

20    homes have been asking for over the last several 

21    years is much higher than that.  I believe that 

22    there's an $810 million gap between Medicaid 

23    rates and costs, and that their ask 

24    collectively -- at least some of the larger 

25    groups that I talked to -- is about $510 million.  


                                                               2946

 1    So a good bit more, about 230 million more than 

 2    the 285 million that's in this budget.

 3                 So you didn't mention percentages.  

 4    I know that the last time that Medicaid rates 

 5    were increased was 2008, except for last year.  

 6    We did about a 6.5 percent increase last year.  

 7    They were asking for 16 percent this year.  Do 

 8    you know -- my math is that that 285 million 

 9    represents about another 6.5 percent, far short 

10    of the 16 percent that they were asking for.  Is 

11    that -- is that accurate?

12                 (Pause.)

13                 SENATOR RIVERA:   So through you, 

14    Mr. President.  Although the math -- I'm going to 

15    trust that you did the math.  I'm not a math guy.  

16    I've got the math folks over here.  

17                 What I will tell you is that one of 

18    the reasons we did it as a lump sum, as opposed 

19    to a percentage, is because it opens up other 

20    ways to potentially get federal dollars in 

21    different ways.  So as opposed to doing it by 

22    percentage, it was as a lump sum.

23                 But the -- but again, we're talking 

24    about a lot less than what is necessary.  I have 

25    been very clear, both publicly and privately, on 


                                                               2947

 1    this floor, in meetings and anyone that will put 

 2    a camera on my face -- I have talked about how 

 3    any Medicaid provider around the state, 

 4    regardless of what kind of services they provide, 

 5    loses money every time somebody walks in the 

 6    door.  And yet they serve the folks who have the 

 7    most need, whether it's a rural hospital in 

 8    upstate New York or whether it's the most urban 

 9    of hospitals right in the center of the Bronx.  

10                 So I've always believed that we need 

11    to invest by raising Medicaid rates across the 

12    board, mostly so that we can -- so that these 

13    institutions can provide some stability for 

14    themselves, as opposed to having to come to the 

15    state, as they do all the time, on their hands 

16    and knees, begging for rescue because they're 

17    about to fall apart or run out of money.  I've 

18    never thought that that was a smart thing to do.  

19                 And again, this is the best that we 

20    could get.  We actually did get some increases, 

21    but not as much as we would like.  Or what is 

22    necessary, I should say.

23                 SENATOR STEC:   Mr. President, if 

24    the sponsor would continue to yield.  

25                 ACTING PRESIDENT COONEY:   Does the 


                                                               2948

 1    sponsor yield?

 2                 SENATOR RIVERA:   Yes.

 3                 ACTING PRESIDENT COONEY:   The 

 4    sponsor yields.  

 5                 SENATOR STEC:   Thank you, Senator.  

 6                 So I'll shift a little bit now to 

 7    the Vital Access Provider insurance program.  As 

 8    you're familiar, it's for financially distressed 

 9    hospitals and nursing homes.  I want to focus on 

10    the nursing home piece.  

11                 Each of the last two years the 

12    budget contained $100 million of VAP funding for 

13    nursing homes, and this budget cuts that to 

14    $25 million.  We've had, in the last few years, 

15    over a dozen nursing homes upstate close, so 

16    there's no shortage of distressed nursing homes.  

17    And certainly not keeping up with the Medicaid 

18    reimbursement rates, that's not helping get -- 

19    make that list any shorter.

20                 Can you tell us why the budget was 

21    cut from 100 million for nursing homes VAP to 

22    25 million for nursing homes?

23                 (Pause.)

24                 SENATOR RIVERA:   So through you, 

25    Mr. President.  What -- the argument that the 


                                                               2949

 1    Governor's office made, which on its face is 

 2    accurate, that we provided $100 million and only 

 3    $25 million of it was actually, you know, 

 4    accessed.  And part of -- so their argument was, 

 5    well, since only 25 was used, then that means 

 6    that only 25 is necessary.  

 7                 I disagree.  There are issues of 

 8    eligibility to that fund that had to be worked 

 9    out.  That made some nursing homes that otherwise 

10    would have been eligible, ineligible.  So -- but 

11    again, the argument on the face of it was since 

12    there was -- only $25 million of the 100 million 

13    was accessed, that it means that that's all that 

14    was necessary.  We had disagreements, but that is 

15    ultimately what made it to the final agreed-upon 

16    language.

17                 SENATOR STEC:   Thank you, 

18    Mr. President.  On the bill.

19                 ACTING PRESIDENT COONEY:   Senator 

20    Stec on the bill.

21                 SENATOR STEC:   If I could just -- 

22    my thoughts on the answer to Senator Rivera's 

23    last question of mine -- and I appreciate the 

24    Senator's time.  The argument from the Governor 

25    or anyone saying, well, only $25 million went out 


                                                               2950

 1    the door, so that's the reason to cut this, is 

 2    because only twenty -- the question is how many 

 3    has been applied for.  

 4                 Everyone in this room gets calls 

 5    from businesses about liquor licenses.  And how 

 6    many people get a call for a liquor license?  

 7    Well, it's a six-month backlog.  For a liquor 

 8    license?  This isn't rocket science.  This isn't 

 9    brain surgery.  It's a liquor license.  But yet 

10    it takes six, nine months.  

11                 So the argument shouldn't be, Well, 

12    we put less of an investment in because it's not 

13    going out the door -- when you control the 

14    spigot, how fast it goes out the door.  The 

15    demand is much higher than $25 million.  

16                 Another great example would be the 

17    Office of Cannabis Management.  They've processed 

18    200 applications; they got 7,000 applications.  

19    That's a backlog.  That tells me not that there's 

20    only demand for 200, it tells me that they're not 

21    getting the job done.  

22                 So this is another example.  This is 

23    a great way to make your own news.  We will 

24    control how fast the money goes out, and then we 

25    can say, well, they don't need $100 million 


                                                               2951

 1    because the last two years we were only able to 

 2    get $20 million out.  

 3                 I reject that logic.  I'm sure 

 4    Senator Rivera -- I don't want to put words in 

 5    your mouth, but I know how you feel on a lot of 

 6    these issues and I know that you're frustrated 

 7    with where this has gone.  

 8                 More than a dozen nursing homes have 

 9    closed in the last few years.  Fourteen thousand 

10    beds remain vacant -- 14,000 beds that are 

11    existing, the buildings are there, the beds are 

12    there, they don't have the staff.  We've mandated 

13    staffing ratios.  They can't hire the staff.  Why 

14    can't they hire the staff?  Because they don't 

15    have the money to hire the staff.  Because when 

16    we raised minimum wage to $20 an hour and 

17    somebody's looking for a job and they could pick 

18    between $20 an hour at Walmart or $20 at a 

19    fast-food restaurant or $20 cleaning up after 

20    grandma and grandpa in the nursing home, cleaning 

21    their bed -- supply and demand.  The marketplace 

22    will take over and you won't be able to hire 

23    people.  

24                 And we control their ability to 

25    raise revenue because we are denying them -- 


                                                               2952

 1    these are Medicaid people.  And if you haven't 

 2    raised Medicaid reimbursement rates since 2008 

 3    and we haven't done a rebasing since 2007 -- they 

 4    are running their books on expenses of 2024, with 

 5    record inflation.  But the reimbursement that we 

 6    control is from 20 years ago.  Of course we're 

 7    setting our nursing homes up for failure. 

 8                 They've asked for $510 million.  

 9    This budget gives them $285 million.  

10    That's another $230 million.  Where could we come 

11    up with $230 million to take care of New Yorkers 

12    that have been here their whole lives, raised 

13    their families, followed the rules, paid their 

14    taxes, and now they're at the end of their life 

15    and they're in a nursing home, and our way to say 

16    thanks to them -- a lot of them veterans, a lot 

17    of first responders -- our way to say thank you 

18    to them is to say, We don't have a bed for you?  

19                 I could tell you where we can get -- 

20    we could take 10 percent of $2.4 billion that's 

21    going to New York's illegal immigrant problem, 

22    and you put that in our nursing homes and we take 

23    care of thousands and thousands of New Yorkers 

24    that deserve better than this budget gives them.  

25                 I'll be voting no.


                                                               2953

 1                 ACTING PRESIDENT COONEY:   Thank 

 2    you, Senator Stec.

 3                 Senator Ashby, why do you rise?

 4                 SENATOR ASHBY:   Thank you, 

 5    Mr. President.

 6                 Will Senator Rivera yield?  

 7                 ACTING PRESIDENT COONEY:   Will 

 8    Senator Rivera yield?  

 9                 SENATOR RIVERA:   Part?  What part?

10                 ACTING PRESIDENT COONEY:   Could you 

11    clarify, Senator Ashby, what part?

12                 SENATOR ASHBY:   Part II.

13                 ACTING PRESIDENT COONEY:   Part II.  

14                 SENATOR ASHBY:   India, India.

15                 ACTING PRESIDENT COONEY:   Senator 

16    Rivera yields.

17                 SENATOR ASHBY:   You good?

18                 SENATOR RIVERA:   Yup.

19                 SENATOR ASHBY:   So we're talking 

20    about the managed care organizations tax here.  

21    It's my understanding that this is going to 

22    require a federal waiver.  Is that true?

23                 SENATOR RIVERA:   Through you, 

24    Mr. President, that is correct.

25                 SENATOR ASHBY:   Do you 


                                                               2954

 1    anticipate -- through you, Mr. President, will 

 2    the sponsor yield?

 3                 ACTING PRESIDENT COONEY:   Does the 

 4    sponsor yield?

 5                 SENATOR RIVERA:   Yes.

 6                 ACTING PRESIDENT COONEY:   The 

 7    sponsor yields.

 8                 SENATOR ASHBY:   Do you anticipate 

 9    that this waiver will be approved?  

10                 SENATOR RIVERA:   Through you, 

11    Mr. President.  Yes, we do.

12                 SENATOR ASHBY:   Mr. President, will 

13    the sponsor yield.

14                 ACTING PRESIDENT COONEY:   Will the 

15    sponsor yield?

16                 SENATOR RIVERA:   Yes.

17                 ACTING PRESIDENT COONEY:   The 

18    sponsor yields.  

19                 SENATOR ASHBY:   Have we seen this 

20    in other states?  

21                 SENATOR RIVERA:   Through you, 

22    Mr. President.  Yes, we have.

23                 SENATOR ASHBY:   Through you, 

24    Mr. President, will the sponsor yield?

25                 ACTING PRESIDENT COONEY:   Does the 


                                                               2955

 1    sponsor yield?

 2                 SENATOR RIVERA:   Yes.

 3                 ACTING PRESIDENT COONEY:   The 

 4    sponsor yields.  

 5                 SENATOR ASHBY:   It's my 

 6    understanding that California and Illinois have a 

 7    similar program in place.  Do you know how this 

 8    affected rates in California?

 9                 (Pause.)

10                 SENATOR RIVERA:   Through you, 

11    Mr. President.  First of all, there are actually 

12    17 states that have a version of this.  So it's 

13    not just those two states, it's 17.  

14                 And according to the data that we've 

15    seen, the impact on rates has been minimal.

16                 I will just say for the record that  

17    what we're talking about is something that -- it 

18    would be a tax on managed care organizations that 

19    then would be -- we would get a federal match 

20    for, and then we'd be able to take that money and 

21    invest it right back into the Medicaid system.

22                 So although it is unlikely that 

23    we'll be able to do it for long, Mr. President, 

24    since the federal government has made it clear 

25    that they are likely going to change regulations 


                                                               2956

 1    so that this will not be something that can be 

 2    accessed later, we feel pretty confident that is 

 3    something that we can do.  And again, we're 

 4    talking about something that will not be a 

 5    long-term solution, Mr. President, as far as 

 6    investment in the Medicaid system, but it will 

 7    allow us at least some money to be able to plug 

 8    back -- to plug some of the holes that we've been 

 9    talking about the entire afternoon.

10                 SENATOR ASHBY:   Will the sponsor 

11    yield?

12                 ACTING PRESIDENT COONEY:   Will the 

13    sponsor yield? 

14                 SENATOR RIVERA:   Yes.

15                 ACTING PRESIDENT COONEY:   The 

16    sponsor yields.

17                 SENATOR ASHBY:   So it's my 

18    understanding that it changed rates in California 

19    to $182.50 per member per month.  I see that as 

20    significant.  Do you not?

21                 SENATOR RIVERA:   Through you, 

22    Mr. President, I am unaware of what the -- what 

23    Senator -- what Senator Ashby is quoting.  If you 

24    could actually refer me to it, because that is 

25    not the information that I am aware of.


                                                               2957

 1                 ACTING PRESIDENT COONEY:   Will the 

 2    sponsor yield?

 3                 SENATOR RIVERA:   Yes.

 4                 ACTING PRESIDENT COONEY:   The 

 5    sponsor yields.

 6                 SENATOR ASHBY:   What figure do you 

 7    have?

 8                 SENATOR RIVERA:   One second.  

 9                 (Pause.)

10                 SENATOR RIVERA:   Through you, 

11    Mr. President.  First of all, this -- what we 

12    will be approving today is something that sets 

13    the framework.  The details of it will need to be 

14    worked out, obviously, with the federal 

15    government and the -- and as well as the Medicaid 

16    program here in the State of New York.

17                 But the biggest chunk of -- as far 

18    as rates, the biggest chunk of this program will 

19    be something that -- related to Medicaid rates.  

20    The commercial part of it is a very, very small 

21    piece of the entire pie as far as where the taxes 

22    will go.  And because this is there for Medicaid 

23    patients, the rates are not going to be felt 

24    there.  

25                 What we are going to do is we're 


                                                               2958

 1    actually going to take that money, again, get 

 2    federal matching dollars for it, and then 

 3    reinvest it into the system.  So overall the 

 4    impact will be -- will be very small on the 

 5    commercial side.  Because again, we're not -- 

 6    most of what we're doing is over here on the 

 7    Medicaid system -- on the Medicaid part of it, 

 8    not on the commercial side.

 9                 SENATOR ASHBY:   Thank you, 

10    Senator Rivera.

11                 On the bill, Mr. President.

12                 ACTING PRESIDENT COONEY:   Senator 

13    Ashby on the bill.

14                 SENATOR ASHBY:   So from previous 

15    speakers, you know, we've heard about how the 

16    cost of Medicaid has inflated and we've talked 

17    about rebasing and we've talked about rate 

18    raising.  And here we're talking about another 

19    way to fund Medicaid outside of the norm.  

20                 We've done this before.  We saw it 

21    with the Healthcare Transformation fund with 

22    Governor Cuomo.  We do this with HCRA taxes.  And 

23    now we're trying to do it again with a formula 

24    that -- with a system that's going to be separate 

25    from the Medicaid formula, that is going to be 


                                                               2959

 1    separate from the cap.  

 2                 It's not a good way to do things.  

 3    If we would go back and simply rebase and give 

 4    that more consideration than I think it's 

 5    deserving in this budget, certainly, we wouldn't 

 6    be running into these problems.  

 7                 And this is bipartisan.  I know 

 8    Senator Rivera is in agreement with me on this.  

 9    And I know that it's a big step.  But we're going 

10    to continue to try and plug these holes and put a 

11    Band-Aid on a gaping gunshot wound the more and 

12    more that we try and solve these problems this 

13    way.  

14                 I'll be voting no.  Thank you.

15                 ACTING PRESIDENT COONEY:   Thank 

16    you, Senator Ashby.

17                 Senator Murray, why do you rise?

18                 SENATOR MURRAY:   Thank you, 

19    Mr. President.  Would the sponsor yield to 

20    discuss Part U, the opioids and overdose 

21    prevention section.

22                 ACTING PRESIDENT COONEY:   Senator 

23    Rivera, will you yield?  

24                 SENATOR RIVERA:   Part "UUUU"?

25                 Yes, I will.


                                                               2960

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Rivera yields.

 3                 SENATOR MURRAY:   Thank you.  

 4                 Through you, Mr. President.  Could 

 5    you tell me what is in Part U of this budget that 

 6    is dealing with the opioid and overdose 

 7    prevention?

 8                 SENATOR RIVERA:   Through you, 

 9    Mr. President.  This is the part of the -- if the 

10    Senator is referring to the part of the 

11    Governor's proposal that was Part U, that was 

12    intentionally omitted and is not included in the 

13    language that we have before us.

14                 SENATOR MURRAY:   Thank you.  

15                 Mr. President, on the bill.

16                 ACTING PRESIDENT COONEY:   Senator 

17    Murray on the bill.

18                 SENATOR MURRAY:   And that's the 

19    problem.  That is the only section I could find 

20    in this whole bill that even deals with what I 

21    think we would all agree is a growing problem, 

22    perhaps even an epidemic, and that is the opioid 

23    and overdose problem.  It is growing worse and 

24    worse.  

25                 There was language in the bill, as 


                                                               2961

 1    the sponsor mentioned, in the Governor's bill, 

 2    that did several things.  One in particular 

 3    addressed xylazine, which again is a growing 

 4    problem.  In fact, xylazine -- which, by the way, 

 5    is a horse tranquilizer.  It is not fit for human 

 6    beings -- is also known as tranq on the streets.  

 7    But it's been labeled an emerging threat by the 

 8    White House's Office of National Drug Policy.  

 9    This threat continues to increase as more and 

10    more illegal opioids and synthetic opioids seized 

11    by law enforcement contain xylazine.  

12                 The district attorney from 

13    Suffolk County was up here earlier this year.  We 

14    did a press conference on this issue and the 

15    opioid epidemic, and in particular fentanyl.  He 

16    had mentioned -- and I believe the number was 

17    200 people lost their lives last year in 

18    Suffolk County alone from fentanyl, and in 

19    15 percent of those they found xylazine in there.  

20                 Now, the reason I bring this up is 

21    the Governor recognized that and put language in 

22    her budget bill directly addressing it, 

23    classifying xylazine as a controlled substance.  

24    Now, while she put it as a Schedule III -- we'd 

25    prefer a Schedule I -- at least it was there.  It 


                                                               2962

 1    was something, it was steps forward.

 2                 By the way, if you don't know what 

 3    xylazine does to the human body, go ahead and 

 4    Google it.  Google "xylazine effects on humans."  

 5    I will warn you, don't do it if you're eating 

 6    lunch.  It's not pretty.  Your skin, necrosis 

 7    kicks in.  Your skin literally dies.  Turns 

 8    black, starts bleeding.  It is horrific.  

 9                 It is killing people, and yet we've 

10    decided we're going to take it out of the budget.  

11    And then how are we addressing the opioid 

12    epidemic?  We're not.  Which is exactly how I'm 

13    voting on this portion of the bill:  I'm not.  

14    I'm voting no.

15                 Thank you, Mr. President.  

16                 ACTING PRESIDENT COONEY:   Thank 

17    you, Senator Murray.

18                 Senator Rolison, why do you rise?

19                 SENATOR ROLISON:   Mr. President, 

20    through you, would the sponsor yield for 

21    questions in reference to Part V?

22                 ACTING PRESIDENT COONEY:   Senator 

23    Rivera, will you yield?

24                 SENATOR RIVERA:   Mr. President, I 

25    would do no justice to this part, as much as my 


                                                               2963

 1    colleague would.  So I will defer to 

 2    Senator Mayer.

 3                 ACTING PRESIDENT COONEY:   Senator 

 4    Mayer, do you yield?  

 5                 SENATOR MAYER:   Thank you very 

 6    much.  Yes, I'm happy to yield.

 7                 ACTING PRESIDENT COONEY:   Senator 

 8    Mayer yields.

 9                 SENATOR ROLISON:   Through you, 

10    Mr. President.  Senator Mayer, in the Governor's 

11    original proposal there was a proposal to 

12    modernize the EMS system in the state and also to 

13    declare it an essential service.  And we know 

14    that the EMS system in the state is in crisis.  

15    There are issues related to response, response 

16    times.  Now that many communities -- two 

17    communities at least in my district, the 39th, 

18    the City of Newburgh and the City of Poughkeepsie 

19    are now paying close to $1 million and $700,000 

20    for the City of Poughkeepsie for EMS services 

21    that prior were not budgeted.  They didn't have 

22    to be, because they weren't being charged.  

23                 Are we going to see -- and we have 

24    other bills to do -- EMS addressed that you're 

25    aware of in any other budget bills to come before 


                                                               2964

 1    us?

 2                 SENATOR MAYER:   The Governor's EMS 

 3    proposal was not included in the final budget.  

 4    Although the Senate one-house, as I think you're 

 5    aware, had the bill that I sponsor with 

 6    Assemblyman Otis, which is very much a consensus 

 7    approach that benefits all districts in the state 

 8    to deal with the true crisis -- you're right, 

 9    Senator Rolison -- in EMS, and ensuring that we 

10    declare that these people who do this work are 

11    deemed essential providers.

12                 SENATOR ROLISON:   Mr. President, 

13    through you, will the sponsor continue to yield?

14                 ACTING PRESIDENT COONEY:   Will the 

15    Senator yield?

16                 SENATOR MAYER:   Yes.

17                 ACTING PRESIDENT COONEY:   The 

18    Senator yields.

19                 SENATOR ROLISON:   So, Senator, it's 

20    your expectation outside of the budget that we 

21    will as a body, and hopefully with the Assembly, 

22    be able to deal with this crisis this year?

23                 SENATOR MAYER:   I'm very hopeful.  

24    We moved the bill through committee last week 

25    here in the Senate, and I thank all my colleagues 


                                                               2965

 1    for that.  We've passed it last year.  It's been 

 2    improved.  I'm very confident that we can get it 

 3    passed in the Senate, and I've spoken with my 

 4    Assembly colleagues.  We need the bill to pass 

 5    this year, Senator Rolison.  

 6                 SENATOR ROLISON:   Through you, 

 7    Mr. President.  I concur with that, Senator.  

 8    Thank you for that and look forward to helping 

 9    support that and get that through.  Thank you.

10                 Thank you, Mr. President.  

11                 ACTING PRESIDENT COONEY:   Thank 

12    you, Senator Rolison.  

13                 Senator Weber, why do you rise?

14                 SENATOR WEBER:   Thank you, 

15    Mr. President.  Will the sponsor responsible for 

16    Part FF yield for some questions?

17                 ACTING PRESIDENT COONEY:   Senator 

18    Rivera, will you take this?

19                 Senator Krueger.

20                 (Off the record.)

21                 SENATOR RIVERA:   I believe this 

22    would be Senator Krueger.

23                 ACTING PRESIDENT COONEY:   Senator 

24    Krueger, do you yield?

25                 SENATOR KRUEGER:   I do.  I thought 


                                                               2966

 1    I was getting the day off.  But I'm happy to 

 2    yield.

 3                 ACTING PRESIDENT COONEY:   Senator 

 4    Krueger yields.

 5                 SENATOR WEBER:   Thank you, 

 6    Senator Krueger.  

 7                 Senator Krueger, I know in the 

 8    Governor's Executive Budget she called for a 

 9    cost-of-living increase of 1.5 percent.  Is that 

10    right?

11                 SENATOR KRUEGER:   I'm looking for 

12    staff to come find me.  Hello. 

13                 Yes.

14                 SENATOR WEBER:   And through you, 

15    Mr. President, would the sponsor continue to 

16    yield?  

17                 ACTING PRESIDENT COONEY:   Will the 

18    Senator yield?

19                 The Senator yields.

20                 SENATOR WEBER:   Thank you.  And I 

21    know with a lot of discussions that we've all had 

22    collectively with our constituents and direct 

23    service providers, the one-house Senate budget 

24    called for a 3.2 percent cost-of-living increase.  

25    Is that correct?


                                                               2967

 1                 SENATOR KRUEGER:   In the one-house, 

 2    yes, sir.

 3                 SENATOR WEBER:   Thank you.  

 4                 And Mr. President, will the sponsor 

 5    continue to yield?  

 6                 SENATOR KRUEGER:   Yes.

 7                 ACTING PRESIDENT COONEY:   The 

 8    sponsor yields.  

 9                 SENATOR WEBER:   So where did we 

10    land in this final version for the cost-of-living 

11    increase?

12                 SENATOR KRUEGER:   So the adopted 

13    budget that we've agreed to provides a 

14    1.5 percent human service cost-of-living 

15    adjustment and a 2.8 -- excuse me, by providing a 

16    2.84 percent COLA, which includes a 1.7 percent 

17    target salary increase specifically, and then the 

18    remaining amount can be used by the organization 

19    for additional COLA beyond that or for other 

20    organizational needs.

21                 SENATOR WEBER:   Thank you.  

22                 Mr. President, would the sponsor 

23    continue to yield?  

24                 ACTING PRESIDENT COONEY:   Will the 

25    sponsor yield? 


                                                               2968

 1                 SENATOR KRUEGER:   Yes.

 2                 ACTING PRESIDENT COONEY:   The 

 3    sponsor yields.  

 4                 SENATOR WEBER:   So the 1.7 percent 

 5    wage enhancement is included in the 2.84 percent 

 6    cost of living --

 7                 SENATOR KRUEGER:   That would 

 8    specifically go to direct service worker COLA 

 9    increases.

10                 SENATOR WEBER:   Great.

11                 Mr. President, would the sponsor 

12    continue to yield?

13                 ACTING PRESIDENT COONEY:   Does the 

14    sponsor yield?

15                 SENATOR KRUEGER:   Absolutely.

16                 ACTING PRESIDENT COONEY:   The 

17    sponsor yields.

18                 SENATOR WEBER:   I know it talks 

19    about the 1.7 percent wage enhancement that 

20    applies to certain job titles.  Do you know what 

21    those are?  

22                 SENATOR KRUEGER:   They're 

23    specifically for direct-care clinical and 

24    non-executive administrative staff.

25                 SENATOR WEBER:   Great.  


                                                               2969

 1                 And Mr. President, would the sponsor 

 2    continue to yield?  

 3                 ACTING PRESIDENT COONEY:   Will the 

 4    sponsor yield? 

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT COONEY:   The 

 7    sponsor yields.

 8                 SENATOR WEBER:   In various studies 

 9    that I've come across, and in conversations with 

10    direct service providers, the average wage for a 

11    provider -- for an employee is about $16.07 an 

12    hour, roughly.  And, you know, a lot of us had 

13    signed on to and supported Senator Mannion's 

14    $4,000 wage enhancement, which came to 

15    approximately $2.19 an hour, to try and get those 

16    workers up to some sort of wage parity.  

17                 My calculations, based on this 

18    1.7 percent, would equate to about 27, 28 cents 

19    an hour versus around $2.19, which is a number 

20    that I think most of the direct-service providers 

21    thought was at least a good number to land on as 

22    a good starting point.  Does that sound right?

23                 SENATOR KRUEGER:   We think you're 

24    right on those numbers.  We're not sure.  

25                 The dilemma we found was we were 


                                                               2970

 1    supporting exactly what you're supporting, was 

 2    that that was going to cost about $150 million 

 3    more than we could get the Governor to agree to 

 4    in the budget.

 5                 SENATOR WEBER:   And Mr. President, 

 6    would the sponsor continue to yield?  

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 SENATOR KRUEGER:   Yes.

10                 ACTING PRESIDENT COONEY:   The 

11    sponsor yields.

12                 SENATOR WEBER:   I'm sure you're 

13    aware, Senator Krueger, that most of these direct 

14    service providers are struggling.  I think we've 

15    had some conversations earlier today related to 

16    the amount of turnover that they're having.  

17    They're having a hard time not only retaining 

18    staff but adding to staff, based on that low wage 

19    when compared to other industries that are paying 

20    a lot more for a lot-less-complicated-type work.  

21                 You know, these direct service 

22    providers are doing yeoman's work every day in 

23    taking care of our most vulnerable, and really 

24    having to do very laborious work.  And the wages 

25    that they're receiving right now are precluding a 


                                                               2971

 1    lot of them from being able to stay in the 

 2    industry that they want to stay in.  So do you 

 3    think that the 1.7 percent wage enhancement is 

 4    satisfactory?

 5                 SENATOR KRUEGER:   No, I do not.  We 

 6    wanted more.  We got some -- we got an increase 

 7    last year.  And again, we were calling for a 

 8    larger increase this year.

 9                 If the -- my colleague would allow 

10    me to ask him a question?  

11                 SENATOR WEBER:   Sure.

12                 SENATOR KRUEGER:   Thank you.  

13                 Would you have supported our 

14    proposal to increase taxes on high-income 

15    corporations and highest-income New Yorkers to 

16    pay for something like this?  

17                 SENATOR WEBER:   I'm not in favor of 

18    any tax increases at this moment, based on the 

19    economic environment that we're in.

20                 SENATOR KRUEGER:   Through you, 

21    Mr. President, if you would answer one more 

22    question.

23                 SENATOR WEBER:   Sure.

24                 ACTING PRESIDENT COONEY:   Senator 

25    Weber, will you yield?


                                                               2972

 1                 SENATOR WEBER:   Sure.

 2                 ACTING PRESIDENT COONEY:   The 

 3    Senator yields.  

 4                 SENATOR KRUEGER:   So our dilemma 

 5    was we couldn't come up with the revenue to pay 

 6    for this.  How would you have suggested we pay 

 7    for it?

 8                 SENATOR WEBER:   Would the sponsor 

 9    continue to yield, Mr. President?  

10                 SENATOR KRUEGER:   So you don't want 

11    to answer that.

12                 SENATOR WEBER:   I will.  Would you 

13    consider cutting the $2.4 billion to the illegal 

14    migrants to pay for this?

15                 SENATOR KRUEGER:   Cutting 

16    2.4 billion from where?  I'm sorry.  

17                 SENATOR WEBER:   Out of the budget 

18    for -- to support the migrant crisis to pay for 

19    this?  

20                 SENATOR KRUEGER:   No.  I think that 

21    would just add to the crisis we're already 

22    facing.  

23                 If we had no resources or services 

24    for migrants, we would have them sleeping in our 

25    streets without food or water or healthcare.  


                                                               2973

 1    Their children wouldn't be going to school.  We 

 2    would have a much worse situation if we were to 

 3    cut off all funding for migrants in New York 

 4    State.  That wouldn't be my option.

 5                 SENATOR WEBER:   Thank you, 

 6    Senator Krueger.

 7                 Mr. President, on the bill.

 8                 ACTING PRESIDENT COONEY:   Senator 

 9    Weber on the bill.

10                 SENATOR WEBER:   You know, 

11    budgets are about priorities, they're about wants 

12    and needs.  And I think what we're seeing in this 

13    budget, especially in this section of the budget, 

14    is frankly a slap in the face to the great direct 

15    service providers that do great work for us every 

16    day.

17                 You know, we all attended rallies, 

18    whether it's here in the Capitol, whether it's 

19    back home in our districts, calling for the 

20    3.2 percent COLA increase, calling for the 

21    $4,000 wage enhancement, standing with those 

22    direct service providers, who do great work.  

23                 And the amounts that we put in this 

24    budget are unsatisfactory, knowing that we're 

25    putting $2.4 billion on top of the $1.9 billion 


                                                               2974

 1    towards the migrant crisis, putting monies into 

 2    other areas of this budget that shouldn't be and 

 3    aren't the priorities of everyday New Yorkers 

 4    right now.

 5                 So for that reason I will be voting 

 6    no on this bill, and I will encourage all my 

 7    colleagues to do.  We need to do better.

 8                 Thank you.

 9                 ACTING PRESIDENT COONEY:   Thank 

10    you, Senator Weber.

11                 Senator Rhoads, why do you rise?

12                 SENATOR RHOADS:   Thank you, 

13    Mr. President.  Will the sponsor yield to a few 

14    questions with regard to Part S, the Safety Net 

15    Hospital Transformation Program?  

16                 ACTING PRESIDENT COONEY:   That will 

17    be Senator Rivera, Part S.  Do you yield?  

18                 SENATOR RIVERA:   Part Sssss 

19    (hissing).  Yesss.

20                 ACTING PRESIDENT COONEY:   Senator 

21    Rivera yields.

22                 SENATOR RHOADS:   Thank you, 

23    Senator Rivera.  

24                 The Safety Net Hospital 

25    Transformation Program, it's my understanding 


                                                               2975

 1    that this is a new program, is it not?

 2                 SENATOR RIVERA:   Through you, 

 3    Mr. President.  Yes, it is.

 4                 SENATOR RHOADS:   And will the 

 5    sponsor continue to yield.

 6                 ACTING PRESIDENT COONEY:   Will the 

 7    sponsor yield?

 8                 SENATOR RIVERA:   I will.

 9                 ACTING PRESIDENT COONEY:   The 

10    sponsor yields.

11                 SENATOR RHOADS:   Is -- the purpose 

12    of the Safety Net Hospital Transformation Program 

13    is to get additional dollars into the hands of 

14    safety-net hospitals that provide critical 

15    services to populations throughout our entire 

16    state regardless of their ability to pay.  Is 

17    that the purpose?  

18                 SENATOR RIVERA:   Through you, 

19    Mr. President.  Although I feel a trick question 

20    coming on, the answer is yes.

21                 SENATOR RHOADS:   Thank you, 

22    Senator.

23                 Will the sponsor yield to another 

24    question.

25                 ACTING PRESIDENT COONEY:   Will the 


                                                               2976

 1    sponsor yield?

 2                 SENATOR RIVERA:   Yes.

 3                 ACTING PRESIDENT COONEY:   The 

 4    sponsor yields.

 5                 SENATOR RHOADS:   There are various 

 6    criteria that are listed in the program.  How 

 7    were those criteria developed?

 8                 (Pause.)

 9                 SENATOR RIVERA:   Through you, 

10    Mr. President, just to seek clarification, 

11    you're -- is the Senator requesting information 

12    about what is in page 50 of the bill -- and I'm 

13    not trying to be tricky, I just want to make sure 

14    that I know what you're thinking about -- which 

15    is the criteria -- the commissioner shall 

16    enter -- Section 2.  It's on page 50 of the bill, 

17    line 18:  "The commissioner shall enter the 

18    agreement with the president of the Dormitory 

19    Authority," da-da-da-da (reading).  "Such funds 

20    shall be awarded and distributed by the 

21    department to safety net hospitals, or a partner 

22    organization, in the form of grants.  To qualify 

23    as a safety net hospital for purposes of this 

24    section, a hospital shall."

25                 Everything that's in there?


                                                               2977

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Rhoads, will you clarify?

 3                 SENATOR RIVERA:   That's it?

 4                 ACTING PRESIDENT COONEY:   Yes?

 5                 SENATOR RHOADS:   Yes, that's it.

 6                 ACTING PRESIDENT COONEY:   Senator 

 7    Rivera.  

 8                 SENATOR RIVERA:   Yes.  So the 

 9    answer -- the question was how was that 

10    developed?

11                 SENATOR RHOADS:   Yes.

12                 SENATOR RIVERA:   Okay.  Through 

13    you, Mr. President.  It was based on criteria for 

14    institutions that would be eligible for what's 

15    known as VAPAP, which is Vital Access Provider 

16    funding.

17                 SENATOR RHOADS:   Thank you, 

18    Senator.  

19                 Will the sponsor continue to yield?

20                 ACTING PRESIDENT COONEY:   Will the 

21    sponsor yield?

22                 SENATOR RIVERA:   Yes.

23                 ACTING PRESIDENT COONEY:   The 

24    sponsor yields.  

25                 SENATOR RHOADS:   Would these -- 


                                                               2978

 1    were the relief funds designed to be for capital 

 2    expenses, for the development of new programs, 

 3    for operating expenses?  What would the purpose 

 4    of the program be?

 5                 SENATOR RIVERA:   Through you, 

 6    Mr. President, for both.

 7                 SENATOR RHOADS:   All of the above?

 8                 SENATOR RIVERA:   Through you, 

 9    Mr. President.  If "all of the above" was capital 

10    and operational, the answer is both of the above.

11                 SENATOR RHOADS:   And will the 

12    sponsor continue to yield.

13                 ACTING PRESIDENT COONEY:   Will the 

14    sponsor yield?

15                 SENATOR RIVERA:   Yes.

16                 ACTING PRESIDENT COONEY:   The 

17    sponsor yields.

18                 SENATOR RHOADS:   It does indicate, 

19    obviously, that it's subject to appropriation.  

20    Do we know what the appropriation will be for the 

21    Safety Net Hospital Transformation Program?  

22                 SENATOR RIVERA:   Through you, 

23    Mr. President, yes.

24                 SENATOR RHOADS:   Will the sponsor 

25    continue to yield.


                                                               2979

 1                 ACTING PRESIDENT COONEY:   Will the 

 2    sponsor yield?

 3                 SENATOR RHOADS:   What will the 

 4    appropriation be?

 5                 (Pause.)

 6                 SENATOR RIVERA:   Through you, 

 7    Mr. President.  Up to 300 in operational and up 

 8    to 500 in capital.

 9                 SENATOR RHOADS:   Thank you, 

10    Senator Rivera.  

11                 Will the sponsor continue to yield.  

12                 ACTING PRESIDENT COONEY:   Will the 

13    sponsor yield? 

14                 SENATOR RIVERA:   Yes.

15                 ACTING PRESIDENT COONEY:   The 

16    sponsor yields.  

17                 SENATOR RHOADS:   And those funds 

18    will be administered through -- the Department of 

19    Health, through the commissioner's office, will 

20    make a determination as to who receives those 

21    grants?  

22                 SENATOR RIVERA:   Mr. President, 

23    through you, yes.

24                 SENATOR RHOADS:   And will the 

25    sponsor continue to yield.  


                                                               2980

 1                 ACTING PRESIDENT COONEY:   Will the 

 2    sponsor yield? 

 3                 SENATOR RIVERA:   Yes.

 4                 ACTING PRESIDENT COONEY:   The 

 5    sponsor yields.

 6                 SENATOR RHOADS:   Thank you.

 7                 Other than that the Safety Net 

 8    Hospital Transformation Program, will there be 

 9    anything else to assist safety net hospitals 

10    specifically with operating expenses?  

11                 SENATOR RIVERA:   Through you, 

12    Mr. President, yes.

13                 SENATOR RHOADS:   And will the 

14    sponsor continue to yield.

15                 ACTING PRESIDENT COONEY:   Will the 

16    sponsor yield? 

17                 SENATOR RIVERA:   Yes.

18                 ACTING PRESIDENT COONEY:   The 

19    sponsor yields.

20                 SENATOR RHOADS:   What other avenues 

21    are available?  

22                 (Pause.)

23                 SENATOR RIVERA:   Through you, 

24    Mr. President.  The avenues would be the same 

25    ones that would always be available for this type 


                                                               2981

 1    of institution.

 2                 SENATOR RHOADS:   Will the sponsor 

 3    continue to yield.  

 4                 ACTING PRESIDENT COONEY:   Will the 

 5    sponsor yield? 

 6                 SENATOR RIVERA:   Yes.

 7                 ACTING PRESIDENT COONEY:   The 

 8    Senator yields.

 9                 SENATOR RHOADS:   Would one of those 

10    be the Distressed Hospital Fund?  

11                 SENATOR RIVERA:   Through you, 

12    Mr. President, yes.

13                 SENATOR RHOADS:   Turning for a 

14    moment -- will the sponsor continue to yield?

15                 ACTING PRESIDENT COONEY:   Will the 

16    sponsor yield?

17                 SENATOR RIVERA:   Yes.

18                 ACTING PRESIDENT COONEY:   The 

19    sponsor yields.

20                 SENATOR RHOADS:   Turning for a 

21    moment to Part MM.

22                 SENATOR RIVERA:   Part Mmmm.  You 

23    know how to do it.

24                 SENATOR GIANARIS:   Mr. President.  

25    Senator Myrie will be --


                                                               2982

 1                 (Overtalk.)

 2                 SENATOR RIVERA:   I will -- I 

 3    will  --

 4                 (Overtalk.)

 5                 SENATOR GIANARIS:   After Senator 

 6    Rivera gives his comments.

 7                 SENATOR RIVERA:   I will.  I do.  

 8    I've gotta have a thing.  

 9                 And what I will say about this is 

10    that I will absolutely let Senator Myrie take the 

11    floor here.  Because from the beginning, 

12    Mr. President -- I just want to make sure this is 

13    for the record -- he has spoken loudly and 

14    clearly on behalf of his constituency, who is 

15    going to be greatly impacted by whatever happens 

16    at this institution.  

17                 And if it wasn't for his leadership 

18    both on the ground, in here, and everywhere else, 

19    we would not be talking -- what he's about to 

20    say, he is absolutely in the front lines of 

21    getting that done, and the leader actually took 

22    it over the finish line.  So I just wanted to say 

23    that, Mr. President.

24                 ACTING PRESIDENT COONEY:   Thank 

25    you, Senator Rivera.


                                                               2983

 1                 Senator Myrie, do you yield?  

 2                 SENATOR MYRIE:   I do yield.  And 

 3    thank you to our Health chair for that very 

 4    generous introduction.  

 5                 SENATOR RHOADS:   Thank you, 

 6    Senator Myrie.  

 7                 We are familiar with the issues with 

 8    respect to SUNY Downstate.  It is wonderful to 

 9    see that there is at least an appropriation or a 

10    path for an appropriation to SUNY Downstate to 

11    make sure that we save that critical safety-net 

12    hospital.  

13                 Do you have any idea what the 

14    appropriation is?  

15                 SENATOR MYRIE:   Through you, 

16    Mr. President.  So there are two things that are 

17    not I think directly reflected in this bill.  But 

18    the panel that we have set up to determine the 

19    future of the institution is tasked with coming 

20    up with a set of recommendations.  There will be 

21    an allotment of $300 million to help implement 

22    the capital needs for that recommendation or set 

23    of recommendations.  

24                 And on the operational side, there 

25    will at least be enough for the institution to 


                                                               2984

 1    survive and thrive during that interim period.  

 2    That number was at 100 million, and I think 

 3    there's going to be some flexibility with SUNY, 

 4    SUNY Central, that is to ensure that whatever 

 5    additional operational costs that arise over that 

 6    year will be met.

 7                 SENATOR RHOADS:   Thank you, 

 8    Senator Myrie.  

 9                 Will Senator Myrie continue to 

10    yield.

11                 ACTING PRESIDENT COONEY:   Senator, 

12    will you yield?

13                 SENATOR MYRIE:   Yes.

14                 ACTING PRESIDENT COONEY:   The 

15    Senator yields.

16                 SENATOR RHOADS:   And the concerns 

17    with respect to SUNY Downstate, if -- it was on 

18    the verge of a potential closure if it didn't 

19    receive a lifeline from the state, is that 

20    correct?

21                 SENATOR MYRIE:   Through you, if you 

22    could just repeat the question.

23                 SENATOR RHOADS:   Sure.  The 

24    situation was that SUNY Downstate faced a 

25    potential closure if it didn't receive some sort 


                                                               2985

 1    of lifeline from the state.

 2                 SENATOR MYRIE:   Through you, 

 3    Mr. President.  I agree with the spirit of that 

 4    question.  I just want to contextualize it.  It 

 5    didn't happen in a vacuum.  This was a closure 

 6    plan proposed by the Governor and proposed by the 

 7    chancellor.  And this was a result -- in their 

 8    explanation of why this was put forward, it was a 

 9    result of years of disinvestment at SUNY 

10    Downstate.  

11                 And because we fought and because 

12    the community stood up, because our colleagues 

13    stood up, we were able to push back on that and 

14    now, I think, set this institution on a path for 

15    something great in Central Brooklyn.

16                 SENATOR RHOADS:   Thank you, 

17    Senator Myrie.  Congratulations on doing that.

18                 Will either Senator Myrie or 

19    Senator Rivera -- I don't know which is 

20    appropriate -- yield to a question.

21                 ACTING PRESIDENT COONEY:   Can you 

22    clarify the part, Senator Rhoads?  

23                 SENATOR RHOADS:   Actually it's 

24    pretty much with regard to Part S again.  So I 

25    guess Senator Rivera.


                                                               2986

 1                 Thank you, Senator Myrie.

 2                 ACTING PRESIDENT COONEY:   Senator 

 3    Rivera, do you yield?  

 4                 SENATOR RIVERA:   Yes.

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    Rivera yields.

 7                 SENATOR RHOADS:   Is there any money 

 8    in this budget for Nassau Health Care 

 9    Corporation, which operates Nassau University 

10    Medical Center and the A. Holly Patterson 

11    Extended Care Facility, both located in 

12    Nassau County?  

13                 SENATOR RIVERA:   Through you, 

14    Mr. President.  Not explicitly, no.  That 

15    potentially could receive some of the funding 

16    that has been identified in the budget, but not 

17    explicitly.

18                 SENATOR RHOADS:   If the sponsor 

19    will continue to yield.  

20                 ACTING PRESIDENT COONEY:   Will the 

21    sponsor yield?

22                 SENATOR RIVERA:   Yes.

23                 ACTING PRESIDENT COONEY:   The 

24    sponsor yields.  

25                 SENATOR RHOADS:   That funding would 


                                                               2987

 1    be the funding that's provided through Part S, 

 2    the Safety Net Hospital Transformation Program 

 3    and potentially the Distressed Hospital Fund?

 4                 SENATOR RIVERA:   Through you, 

 5    Mr. President, yes.  

 6                 As we stated earlier, there's 

 7    obviously criteria which is specified in the 

 8    section that I referred to earlier.  And if they 

 9    fit that criteria -- and I just -- I think that 

10    they do; I don't know for certain, but I'm pretty 

11    sure they do -- then they would be eligible for 

12    that funding.

13                 SENATOR RHOADS:   Thank you for your 

14    indulgence, Senator Rivera.  

15                 I'm going to go on the bill.

16                 ACTING PRESIDENT COONEY:   Senator 

17    Rhoads on the bill.

18                 SENATOR RHOADS:   I want to thank 

19    both Senator Myrie and Senator Rivera for their 

20    answers to those questions.  And I again want to 

21    congratulate Senator Myrie with respect to his 

22    advocacy on behalf of SUNY Downstate.  

23                 A number of members of this chamber, 

24    a number of the members of the other house have 

25    brought to the attention of the Governor and have 


                                                               2988

 1    brought to the attention of the leaders of both 

 2    houses an urgent financial situation that 

 3    Nassau Health Care Corporation, the operator of 

 4    Nassau County's only safety-net hospital, 

 5    Nassau University Medical Center, is facing.  

 6    That hospital will be running out of money 

 7    perhaps as early as late May or early June.  

 8                 Back in February we had sent an 

 9    urgent request for funding in the budget because 

10    over the course of the last six years, 

11    Nassau University Medical Center has been 

12    defunded by the state to the tune of about 

13    $350 million since 2017.  That loss of funding, 

14    including not receiving any funding from the 

15    Distressed Hospital Fund, despite the 

16    circumstances that this hospital finds itself in, 

17    places that hospital in a difficult position and, 

18    more importantly, places the 1.4 million 

19    residents that rely upon that hospital -- places 

20    their healthcare in jeopardy.  

21                 As I indicated, Nassau University 

22    Medical Center is the only safety-net hospital in 

23    Nassau County and one of only three Level 1 

24    trauma centers on Long Island.  NUMC is the only 

25    facility that's equipped to handle natural and 


                                                               2989

 1    manmade disasters and pandemics, with two active 

 2    helipads.  That NUMC was designated as 

 3    Nassau County's overflow center during the 

 4    COVID-19 pandemic, shelter designation during 

 5    Superstorm Sandy, the triage center for 9/11 as 

 6    well as for area plane crashes, a Federally 

 7    Designated Ebola Center, and federally designated 

 8    as a direct treatment site for the President of 

 9    the United States and other dignitaries.  

10                 NUMC has Nassau County's only burn 

11    center, only multichamber hyperbaric chamber, 

12    which has been lifesaving for treatment of 

13    cancer, treatment for burn victims -- which is 

14    incredibly important to all of Nassau County's 

15    volunteer firefighters -- autoimmune disease, 

16    bacterial infections, gangrene, soft tissue 

17    infections, and the list can go on.

18                 This has been an urgent need that 

19    has been expressed by members of both sides of 

20    the aisle, that has been expressed to the 

21    Governor by members of both houses.  There are 

22    3500 jobs that are at stake if this hospital is 

23    permitted to close.  And yet despite these 

24    repeated requests, there is no money provided in 

25    the budget for NUMC to be able to continue to 


                                                               2990

 1    operate.

 2                 All that we have are promises that 

 3    grant funding may be available at a later date.  

 4    The simple reality is there may not be a later 

 5    date for Nassau University Medical Center.  And 

 6    yet, despite the cries to the Governor, nothing 

 7    is being done.

 8                 And so while I am certainly happy 

 9    that a Safety Net Hospital Transformation Program 

10    that is administered by the Commissioner of 

11    Health is being made available to safety-net 

12    hospitals, that is the same way that distressed 

13    hospital funds are also being distributed -- 

14    distressed hospital funds that Nassau University 

15    Medical Center is not receiving and hasn't 

16    received now for an extended period of time.  

17                 And so I have grave concerns that 

18    with this Safety Net Hospital Transformation 

19    Program, Nassau University Medical Center will 

20    continue to be shut out and 1.4 million 

21    residents, including several from disadvantaged 

22    communities in the surrounding area who rely upon 

23    it for initial healthcare treatment, will 

24    continue to be left out.

25                 That hospital treats 83 percent of 


                                                               2991

 1    its patients -- 83 percent are either on 

 2    Medicare, Medicaid, or have no insurance at all.  

 3    That is what funds are supposed to be provided to 

 4    the state to be able to help.  They are treating 

 5    the most vulnerable population, regardless of 

 6    their ability to pay.  That is why we need to 

 7    stand up not just for some safety-net hospitals, 

 8    but we need to stand up for all safety-net 

 9    hospitals.  And we need to stand up for 

10    Nassau University Medical Center.  Yet the 

11    administration continues to ignore us.

12                 And so I want to thank both 

13    Senator Rivera and Senator Myrie for their 

14    responses to our questions.  But I wanted to make 

15    the point that we are leaving some out.  And this 

16    state and this Governor should not continue to 

17    pick winners and losers.  We should be continuing 

18    to provide healthcare, provide access to 

19    healthcare, provide safety-net hospitals for all 

20    of our communities, not just some.

21                 Thank you, Mr. President.

22                 ACTING PRESIDENT COONEY:   Thank 

23    you, Senator Rhoads.

24                 Senator Skoufis, why do you rise?

25                 SENATOR SKOUFIS:   Thank you very 


                                                               2992

 1    much, Mr. President.  

 2                 If Senator Rivera would yield for a 

 3    clarifying question on Part HH.

 4                 ACTING PRESIDENT COONEY:   Senator 

 5    Rivera, do you yield?  

 6                 SENATOR RIVERA:   I will indeed.

 7                 ACTING PRESIDENT COONEY:   Senator 

 8    Rivera yields.

 9                 SENATOR SKOUFIS:   Thanks very much.  

10                 Through you, Mr. President.  There's 

11    been a lot of conversation, obviously, about the 

12    CDPAP reforms and specifically the move to 

13    one fiscal intermediary for the state.  As part 

14    of that reform, as you know and we all know, 

15    there is a mandate that all 11 Independent 

16    Living Centers around the state must be afforded 

17    an opportunity to subcontract with that fiscal 

18    intermediary.  

19                 So can you just please confirm that 

20    indeed all 11, including Newburgh and Utica, will 

21    be afforded that opportunity?

22                 SENATOR RIVERA:   Thank you.  

23                 Through you, Mr. President, the 

24    answer to that question is absolutely.  And I 

25    would actually -- if I can track down the exact 


                                                               2993

 1    language, it was a little -- it is in -- on 

 2    page 61, same bill, 8307C.  And it is lines 39 

 3    onwards.  It reads as follows, Mr. President.  

 4                 The statewide fiscal intermediary 

 5    shall subcontract to facilitate the delivery of 

 6    fiscal intermediary services to an entity that is 

 7    a service center for independent living under 

 8    Section 1121 of the Education Law that has been 

 9    providing fiscal intermediary services since 

10    January 1, 2024, or earlier.  

11                 We are pretty certain -- 

12    Mr. President, through you -- that that language 

13    covers every single one of the Independent Living 

14    Centers around the state.  And I should underline 

15    the fact that we made sure and our leader 

16    certainly took it to the table -- we wanted to 

17    make sure that every single one -- that if we are 

18    going to go in this direction, which many of us 

19    think is not the most effective or best one to 

20    deliver care for those folks, that at least that 

21    was the case, that they would be able to 

22    subcontract.  And so that language is in there.

23                 SENATOR SKOUFIS:   Thank you very 

24    much.  That's all.  I appreciate your work on 

25    this, Senator Rivera.  


                                                               2994

 1                 ACTING PRESIDENT COONEY:   Thank 

 2    you, Senator Skoufis.  

 3                 Senator Martins, why do you rise?

 4                 SENATOR MARTINS:   Thank you, 

 5    Mr. President.  

 6                 As much as I would love -- as much 

 7    as I would love to ask the chair of Health some 

 8    questions, I do see that my time is short.  So 

 9    I'm going to go on the bill, and I'm going to 

10    talk specifically about Part O.

11                 ACTING PRESIDENT COONEY:   Senator 

12    Martins on the bill.

13                 SENATOR MARTINS:   And we've had the 

14    opportunity in committee to have conversations 

15    when the chair's bill was proposed before the 

16    committee and we had this discussion.

17                 The reality is this.  Hospitals work 

18    on very small margins.  Now, we can say that 

19    hospitals are hundreds of millions of dollars or 

20    billion-dollar corporations, but the fact is they 

21    work on tiny margins.  All of us who have 

22    hospitals in our district understand that.  The 

23    margins are usually one or two points.  So you're 

24    talking about 10 or 20 million dollars out of a 

25    billion-dollar operation.  


                                                               2995

 1                 Yet we all think about hospitals as 

 2    being essential to our communities.  Healthcare 

 3    systems, the ability to provide a place for us to 

 4    go in the event of an emergency.  Whether they're 

 5    rural areas or suburban areas or urban areas, we 

 6    all need our hospitals.  

 7                 And yet time and again -- and in 

 8    this particular bill, there's a provision here 

 9    that would prevent hospitals from actually being 

10    able to collect money.  Now, some people may say, 

11    it's only about 10 or 20 million dollars per 

12    year, which is a small piece of the overall.  But 

13    when you consider what their margins actually 

14    are, what we're doing is we're undermining the 

15    ability of a hospital to actually make ends meet.  

16                 And as we discussed a few moments 

17    ago, not only with regard to Downstate and with 

18    regard to the Nassau University Medical Center 

19    and other safety-net hospitals, the margins are 

20    small across the entire healthcare system.  And 

21    we don't want our healthy hospitals becoming 

22    distressed hospitals and failing.  

23                 And so when we make decisions based 

24    on virtue-signaling, deciding who has to pay and 

25    who doesn't have to pay, the reality is this.  


                                                               2996

 1    Unless we're making a commitment to pay those 

 2    hospitals for the shortfall in the revenue that 

 3    they're going to receive, we're going to create 

 4    distressed hospitals across the state.

 5                 Now, we can all agree we want 

 6    everyone to have access to healthcare.  We want 

 7    everyone to have access to healthcare.  But we 

 8    have to be careful and responsible at the time 

 9    when it comes to actually funding those hospitals 

10    to make sure that they do continue to provide the 

11    healthcare in our communities.

12                 So passing a bill through a budget 

13    that actually undermines the hospitals' ability 

14    to actually make ends meet is counterproductive 

15    to the healthcare of our entire state.  And yet 

16    here we are, no one's talking about how the 

17    hospital's going to make up that difference.  No 

18    one's talking about how the hospital's going to 

19    be made whole.  No one's talking about whether or 

20    not the difference in that 10 or 20 or 30 million 

21    dollars will put the hospital underwater.  

22                 What we're talking about is actually 

23    not allowing the hospital to go and collect the 

24    monies for the services that they provide.

25                 So having a discussion about 


                                                               2997

 1    underfunding hospitals, placing them potentially 

 2    in a position of being at risk and distressed, 

 3    while all of us get up from time to time and talk 

 4    about how important our hospitals are to us, 

 5    seems a little bit out of sorts.  

 6                 So before we rush head-on to vote 

 7    for a bill that is actually going to undermine 

 8    the stability of our healthcare system across 

 9    New York State, I urge my colleagues to think 

10    twice about that.  Remember how important your 

11    hospitals are, and remember how important they're 

12    going to be for your constituents today, 

13    tomorrow, next year.  And once they fail, they 

14    shouldn't have to come back with their hat in 

15    hand asking us to bail them out when they have 

16    the ability to do that right now.

17                 So I do have concerns, 

18    Mr. President.  I voiced the concerns in 

19    committee.  We've had these discussions with the 

20    chair of the Health Committee, and we'll continue 

21    to have those discussions.  

22                 But I have grave concerns about what 

23    this does to our hospitals and our healthcare 

24    system across New York State.  I believe it 

25    undermines the ability of our healthcare system 


                                                               2998

 1    to continue to provide quality healthcare for our 

 2    communities.  And therefore I'll be voting no.

 3                 Thank you.

 4                 ACTING PRESIDENT COONEY:   Thank 

 5    you, Senator Martins.

 6                 Senator Mattera, why do you rise?

 7                 SENATOR MATTERA:   Yes, on the bill, 

 8    please.

 9                 ACTING PRESIDENT COONEY:   Senator 

10    Mattera on the bill.

11                 SENATOR MATTERA:   Thank you, 

12    Mr. President.  

13                 Here in New York we have an epidemic 

14    with the opioid crisis.  Drug addiction running 

15    rampant.  Fentanyl, xylazine, like Senator Murray 

16    spoke on, and a lot more.  

17                 New Yorkers deserve better.  This is 

18    a $237 billion budget, and this bill, health and 

19    mental hygiene, does nothing to protect our 

20    families in the State of New York.  We talk about 

21    it all the time, and still nothing.  Why?  Ask my 

22    friends across the aisle:  Why?  Why wasn't this 

23    fixed in this bill?  

24                 All we talk about is putting money 

25    into drugs like cannabis.  Huge, huge problem 


                                                               2999

 1    that's a gateway to drugs.  We all know it's 

 2    happening right now, that the black market is 

 3    running rampant.  And you know what?  There's 

 4    nothing we can do, because we talk about our 

 5    bail -- cashless bail laws that have been a total 

 6    disaster to all New York State's safety.

 7                 Listening to the debate today here.  

 8    I'm listening to Senator Rivera, and you know 

 9    what?  He's sitting there -- you can see, he has 

10    a heart and he's saying I don't like this bill at 

11    all.  And I'm hoping that Senator Rivera will be 

12    voting no with all of us.

13                 So, Mr. President, this bill again 

14    does nothing to protect our families in New York 

15    State, so I will be voting no.  And hopefully my 

16    colleagues and my colleagues across the aisle 

17    will vote no also.

18                 Thank you.  

19                 ACTING PRESIDENT COONEY:   Thank 

20    you, Senator Mattera.

21                 Are there any other Senators wishing 

22    to be heard?

23                 Seeing and hearing none, debate is 

24    now closed.

25                 Senator Gianaris.


                                                               3000

 1                 SENATOR GIANARIS:   Mr. President, 

 2    now let's restore this bill to the 

 3    noncontroversial calendar, please.  

 4                 ACTING PRESIDENT COONEY:   We'll 

 5    restore the bill to the noncontroversial 

 6    calendar.

 7                 Read the last section.

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT COONEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT COONEY:   Senator 

14    Brouk to explain her vote.

15                 SENATOR BROUK:   Thank you, 

16    Mr. President.

17                 As we heard today, in this HMH 

18    budget we are making long-overdue investments in 

19    the health and wellness of New York families.  

20    And there's a few things I especially want to 

21    point out that I am proud we were able to get 

22    over the finish line that will support so many 

23    New Yorkers.  

24                 First is we continue our commitment 

25    when it comes to maternal health and when it 


                                                               3001

 1    comes to expanding doula care.  Many of us are 

 2    aware that as of January 1st this year we now 

 3    have Medicaid reimbursement for doulas.  But what 

 4    we have understood through this budget process is 

 5    that we need to do more to make sure that care 

 6    actually reaches the birthing people and the 

 7    women who need it as our maternal mortality 

 8    crisis continues to worsen in New York State.  

 9                 And because of that, we have not 

10    only started a grant program for community doula 

11    expansion to make sure that doulas can enter to 

12    get the Medicaid benefit and actually reach 

13    people who need it, but we also have implemented 

14    here a standing order which removes a barrier of 

15    needing a physician referral to get the doula 

16    care that many mothers need through this maternal 

17    mortality crisis.

18                 We've also included legislation that 

19    takes on something we did during the pandemic of 

20    creating continuous health insurance coverage for 

21    any child zero to six years old who's under CHIP 

22    or Medicaid.  We saw that this saved thousands of 

23    children from having to lose out on the 

24    healthcare they needed, and now we have codified 

25    that through this year's budget.  


                                                               3002

 1                 Nearly half of our children in 

 2    New York State are under one of these programs, 

 3    and now their parents don't have to worry that 

 4    the next time their toddler comes home sick from 

 5    daycare they won't be able to go to the doctor.

 6                 As chair of mental health I'm also 

 7    very proud of the work that this body has done to 

 8    once again, for the fourth consecutive year, 

 9    bring a cost of living adjustment to all of our 

10    hardworking professionals throughout the mental 

11    health sector.  

12                 For those reasons and so many more, 

13    I am grateful to this body for this budget, and I 

14    proudly vote aye.

15                 ACTING PRESIDENT COONEY:   Senator 

16    Brouk to be recorded in the affirmative.

17                 Senator May to explain her vote.

18                 SENATOR MAY:   Thank you, 

19    Mr. President.

20                 I am voting aye on this bill because 

21    I know how hard the Majority Leader, my 

22    colleagues, and our amazing Senate staff worked 

23    to make it as positive as possible.  

24                 I am glad we are supporting 

25    SUNY Downstate.  I am delighted we are supporting 


                                                               3003

 1    maternal health and children's health.  And I 

 2    know we worked hard to minimize the damage to the 

 3    CDPAP program, but let me voice my protest to the 

 4    changes in that program on behalf of two heroes 

 5    in my community.  

 6                 Last year on this floor we honored 

 7    the life of Sally Johnston, who started Consumer 

 8    Directed Person Services of Onondaga County, the 

 9    forerunner of CDPAP of New York State.  Her 

10    brilliant idea was to allow family members and 

11    friends to be compensated for the full-time job 

12    of caring for a disabled loved one, thus creating 

13    employment, creating independence and autonomy 

14    for those in need of assistance, and keeping 

15    people out of expensive and often undesirable 

16    nursing care.

17                 I also want to honor Jay Subedi, a 

18    Nepali refugee in Syracuse who started True Care 

19    Connections, a fiscal intermediary that employs 

20    refugees from dozens of countries to provide 

21    culturally competent home care to the many, many 

22    refugee families in Central and Western New York.  

23                 I will keep fighting to make sure 

24    that people in need of daily assistance will have 

25    access to the kinds of services they deserve, and 


                                                               3004

 1    to preserve critical employment opportunities for 

 2    the extremely diverse array of people currently 

 3    employed under CDPAP.

 4                 With a heavy heart, I vote aye.

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    May to be recorded in the affirmative.

 7                 Senator Myrie to explain his vote.

 8                 SENATOR MYRIE:   Thank you, 

 9    Mr. President.

10                 In 2020, during the 

11    once-in-a-century pandemic, SUNY Downstate was 

12    designated a COVID-only hospital.  And in the 

13    heart of my district, we had to walk past 

14    refrigerators with dead people in them.  We heard 

15    the sirens nonstop.  We had healthcare 

16    professionals that died on the floor in 

17    Downstate.  It was a dark, dark, dark time.

18                 So it came as a shock to our 

19    community when in January of this year the 

20    Governor and the Chancellor proposed to close 

21    SUNY Downstate after they had done everything 

22    humanly possible to keep us alive.  

23                 So it is with great pride and great 

24    joy that I stand here today, because we showed up 

25    for Downstate in its darkest hour.  We refused to 


                                                               3005

 1    let this institution close.  

 2                 And I must give thanks to the chair 

 3    of our Health Committee, the chair of our 

 4    Higher Education Committee, the chair of our 

 5    Finance Committee, all of my colleagues who 

 6    showed up.  To the staff, with particular 

 7    gratitude to Jonathan Lang; to my staff.  But 

 8    most importantly, to the community, who came 

 9    together, who coalesced and said, We demand 

10    respect.  We demand dignity.  Give us a process 

11    by which not to just keep the institution alive, 

12    but to help the institution thrive.

13                 So what we're doing today, in 

14    creating a community advisory board, brings 

15    together some of the same people that stood up 

16    for Downstate in its darkest hour:  Labor, 

17    clergy, community leaders, and, yes, our 

18    Department of Health and the Chancellor's office 

19    and the Governor's office.  

20                 So I proudly, proudly vote aye 

21    today, because Downstate is not just a Brooklyn 

22    institution, it's not just a city institution, 

23    but it is a New York institution.  

24                 Thank you, Mr. President.

25                 ACTING PRESIDENT COONEY:   Senator 


                                                               3006

 1    Myrie to be recorded in the affirmative.

 2                 Senator Helming to explain her vote.

 3                 SENATOR HELMING:   Thank you, 

 4    Mr. President.

 5                 We've heard it said many times today 

 6    that budgets are all about priorities.  And while 

 7    today I want to say congratulations to Senator 

 8    Myrie and everyone else who was instrumental in 

 9    keeping SUNY Downstate going, what I don't see is 

10    that same fight for our upstate hospitals and 

11    nursing homes.  

12                 I don't see anything in this budget 

13    that is going to help them, lift them out of the 

14    darkness that they face.

15                 I don't see anything in this budget 

16    that really addresses the opioid crisis, nothing 

17    included on xylazine.  

18                 Direct support professionals who 

19    care for some of our most vulnerable New Yorkers, 

20    instead of getting the $2 per hour increase, 

21    they're going to get about 28 cents per hour.  

22                 The Consumer Directed Personal 

23    Assistance Program has been gutted.  There are no 

24    guardrails in place to protect the more than 

25    250,000 chronically ill New Yorkers who rely on 


                                                               3007

 1    this program to survive every single day.  And 

 2    the hundreds of locally owned businesses and the 

 3    thousands of people they employ are about to lose 

 4    their jobs.

 5                 EMS takes another hit today.  

 6    Language designating EMS workers as essential 

 7    workers has been bounced out of the budget just 

 8    like yesterday $3 million was bounced out of the 

 9    budget, diverted from the Emergency Services Loan 

10    Fund.

11                 This budget does not improve access 

12    to behavioral and mental health services for 

13    children, for people with special needs, or for 

14    adults.  

15                 There are so many reasons why this 

16    budget should be a negative vote for everyone in 

17    this chamber.  

18                 Mr. President, I am voting no on 

19    this.

20                 ACTING PRESIDENT COONEY:   Senator 

21    Helming to be recorded in the negative.

22                 Senator Borrello to explain his 

23    vote.

24                 SENATOR BORRELLO:   Thank you, 

25    Mr. President.


                                                               3008

 1                 We have seen the stressors of our 

 2    healthcare system and the impact that it's had 

 3    across this state.  I wish I had good news for 

 4    people in my district like Senator Myrie has for 

 5    his district, but I don't.  

 6                 We have seen the dismantling of our 

 7    healthcare system, and this budget isn't going to 

 8    help.  We're continuing to really not focus on 

 9    the critical needs of all New Yorkers for 

10    healthcare.  And it seems almost purposeful, as 

11    if we're dismantling the healthcare system here 

12    in New York State, making it look dysfunctional.  

13                 What we're really doing is we're 

14    tying an anchor around the neck of every 

15    healthcare provider, every hospital in New York 

16    State, watching them sink, and then saying it's 

17    their own fault -- after New York State was the 

18    one who put the anchor around that neck of those 

19    hospitals.  

20                 We have had money, federal -- 

21    largely federal money since 2016 to build a new 

22    Brooks Hospital in my district.  The Governor, 

23    the Department of Health have not released that 

24    money.  But yet we're continuing to subsidize 

25    those losses with taxpayer dollars, once again 


                                                               3009

 1    making it look like they can't do their job, when 

 2    the reality is the Department of Health cannot do 

 3    their job in being able to properly support good, 

 4    efficient healthcare in New York State.  

 5                 So many things wrong in this budget.  

 6    Even in our debate here we heard about the fact 

 7    that this is really not something we wanted, but 

 8    it was the best we could get.

 9                 Well, it's not good enough for us.  

10    It's not good enough for the people of New York, 

11    and I'll be voting no.  

12                 Thank you.  

13                 ACTING PRESIDENT COONEY:   Senator 

14    Borrello to be recorded in the negative.

15                 Senator Mayer to explain her vote.

16                 SENATOR MAYER:   Thank you, 

17    Mr. President.

18                 I am going to be voting aye on this 

19    budget because many of the elements in it that we 

20    fought so hard, as my colleague Senator Rivera 

21    said, to get to be as best as we could for the 

22    people that all of us represent.

23                 An increase in rates for hospitals 

24    and nursing homes.  COLAs.  Emphasis on maternal 

25    care.  Continuous eligibility for children zero 


                                                               3010

 1    to 6.  And yes, the fight for SUNY downstate.  

 2                 I am deeply disappointed that in our 

 3    transition to a single fiscal intermediary we run 

 4    the risk of confusion and lack of attention to 

 5    those most deserving of care.

 6                 And I am committed, like my 

 7    colleagues, to fighting for these individuals and 

 8    the people who provide this care as we move 

 9    forward.  

10                 Today I got an email from one of my 

11    constituents.  "While I'm very grateful for the 

12    no's to wage cuts and elimination of DRs, I 

13    remain scared by the -- yes, the forcing of one 

14    fiscal intermediary.  I've been having nightmares 

15    of nursing homes these past few weeks.  Please, 

16    please, keep being steadfast supporters of CDPAPs 

17    and New Yorkers with disabilities."

18                 I feel I must vote yes, because this 

19    is the best and we fought hard to get it.  But we 

20    are not satisfied.  This is not enough.  And we 

21    remain committed to these individuals who live 

22    and are part of the New York community as well as 

23    those who provide their care.

24                 I vote yes.

25                 ACTING PRESIDENT COONEY:   Senator 


                                                               3011

 1    Mayer to be recorded in the affirmative.

 2                 Senator Chu to explain her vote.

 3                 SENATOR CHU:   Thank you, 

 4    Mr. President, for allowing me to express my 

 5    concerns and hardship to support this specific 

 6    budget bill.  

 7                 Part HH of this legislation lays out 

 8    extreme changes to CDPAP, the Consumer Directed 

 9    Personal Assistance Program.  This is a program 

10    aimed to helping an increasing number of families 

11    across New York State.  Through this current 

12    program recipients can not only choose the loved 

13    ones as their paid caregivers, but they can 

14    choose someone they trust as a representative to 

15    act on their behalf.  

16                 For recipients in my district, and 

17    many immigrants and disability communities, this 

18    program provides not only the ability to receive 

19    care at home, and also from trusted family 

20    members, friends, community members with service 

21    provided by appropriate language and cultural 

22    competency.  I understand for the long run those 

23    changes may seem beneficial to our healthcare 

24    system.  However, the lack of a transitional plan 

25    in the short term is concerning and could lead to 


                                                               3012

 1    extreme consequences, which may cause the 

 2    destruction of the needed medical services for 

 3    our constituents and their families.

 4                 I appreciate the state's wanting to 

 5    make this process easier.  However, without a 

 6    concrete plan on how to protect recipients in the 

 7    short term, I'm unable to support this bill due 

 8    to the immediate harm it will cause to the 

 9    families in our communities.  For those reasons, 

10    I vote no.  

11                 Thank you, Mr. President.

12                 ACTING PRESIDENT COONEY:   Senator 

13    Chu to be recorded in the negative.

14                 Senator Canzoneri-Fitzpatrick to 

15    explain her vote.

16                 SENATOR CANZONERI-FITZPATRICK:  

17    Thank you, Mr. President.

18                 I too want to express some of my 

19    concerns about the bill before us.  The 

20    elimination of exempting school psychologists to 

21    practice in the Early Intervention area may seem 

22    like a very small thing, but I've had so many 

23    people tell me we have such a shortage in the 

24    Early Intervention Program.  

25                 Very troubling is the fact that our 


                                                               3013

 1    COLA increase is not what it should be, 

 2    considering the rate of inflation that we have 

 3    and the fact that it does not cover supervisory 

 4    staff.  The people that are supervising and 

 5    managing the homes and the people that are taking 

 6    care of our most vulnerable, they don't get an 

 7    increase in this budget.  

 8                 Very troubling is also the fact that 

 9    as Senator Rhoads mentioned, Nassau University 

10    Medical Center is our only safety-net hospital in 

11    Nassau County that services 1.4 million people.  

12    And while I am happy that Senator Myrie pointed 

13    out about our Downstate facility being saved, and 

14    I think that was -- that's a good thing, we've 

15    lost sight, though, that there are other 

16    safety-net hospitals that desperately need that 

17    support as well.

18                 We are moments away from that 

19    hospital closing its door because they won't be 

20    able to meet their expenses next month, and this 

21    budget does nothing to save them.  And I think 

22    that's extremely disappointing for the residents 

23    of Nassau County.

24                 We haven't seen our appropriations 

25    bill yet, so I don't know where I would find the 


                                                               3014

 1    money.  But I do think that in $237 billion I 

 2    would find the room to pay for these critical -- 

 3    these workers that are taking care of our most 

 4    vulnerable.  Because those are the people in our 

 5    community that deserve our support in this 

 6    chamber.

 7                 So for those reasons, Mr. President, 

 8    I'll be voting in the negative.

 9                 ACTING PRESIDENT COONEY:   Senator 

10    Canzoneri-Fitzpatrick to be recorded in the 

11    negative.

12                 Senator Fernandez to explain her 

13    vote.

14                 SENATOR FERNANDEZ:   Thank you, 

15    Mr. President.

16                 I'm your humble chair of the 

17    Alcoholism and Substance Use Disorder Committee.  

18    And upon first presentation of the Executive 

19    Budget for this area, it was not something I was 

20    excited to vote on anyways.  The cut to 

21    $11.4 million of vocational training -- which 

22    would help our residents stay sober and continue 

23    their path to recovery, because we need to know 

24    that it doesn't just stop once you're sober.  We 

25    need the support systems and the trainings 


                                                               3015

 1    ongoing.  That was a big problem.  

 2                 But what we did in this budget is 

 3    that we fought.  We fought harder than any other 

 4    chamber, and any other side of a chamber, to keep 

 5    at least $3 million so people can still get that 

 6    support on their path to recovery.

 7                 As much as I want to be proud of 

 8    everything else, the Governor excluded and does 

 9    not want to make the Opioid Stewardship Fund 

10    permanent, but did put a sunset on it.  But I'm 

11    glad that we still have that step.  

12                 I'm very grateful for the inclusion 

13    of behavioral health parity initiatives in this 

14    final budget because it will bring commercial 

15    insurance rates up to the level of Medicaid rates 

16    for behavioral health reimbursements and ensure 

17    the fiscal stability of behavioral health service 

18    providers amid the ongoing drug overdose crisis.  

19    This initiative will provide a more sustainable 

20    funding model for providers and will help to 

21    alleviate the financial pressures these providers 

22    face.

23                 We did increase the COLA, even 

24    though it wasn't as much as we always want.  A 

25    little bit really counts, and it really does 


                                                               3016

 1    matter and it can make a difference.  So I'm 

 2    grateful for that.  

 3                 I'm grateful for what we've done in 

 4    maternal health.  It's still a crisis as well, 

 5    and this budget acted upon it.

 6                 I'm very proud for the precedent 

 7    that we set in saving SUNY Downstate.  And for 

 8    those that are upset that your hospitals in your 

 9    localities are struggling, here's an example that 

10    we can work off of.  And that is a huge success.

11                 What I do want to address too, and 

12    some have said how we didn't go far enough in 

13    scheduling a lot of substances.  It must be seen 

14    and known and always looked back upon how the war 

15    on drugs and continuing to schedule does not stop 

16    the drugs from being on our streets.  

17                 In 2012 we did match the federal 

18    scheduling of fentanyl when only 2 percent of 

19    fentanyl was found in the drug supply on the 

20    streets.  And now, in 2024, it's 57 percent.  So 

21    scheduling doesn't do what we want it to do.  

22                 What we must do is continue to 

23    invest in programs and proposals that we've put 

24    forward like the drug checking machine, like 

25    adding three-day buprenorphine to hospital 


                                                               3017

 1    supplies and making the stewardship fund 

 2    permanent.  So this only motivates me to continue 

 3    the work this session.  

 4                 And I know this is not the end for 

 5    what we're going to do to help those 

 6    struggling --

 7                 ACTING PRESIDENT COONEY:   Thank 

 8    you, Senator.

 9                 SENATOR FERNANDEZ:   -- with the 

10    overdose crisis.  

11                 I vote aye, and I thank everyone for 

12    the successes in this budget bill.

13                 Thank you.

14                 ACTING PRESIDENT COONEY:   Thank 

15    you.  Senator Fernandez to be recorded in the 

16    affirmative.

17                 Senator Cleare to explain her vote.

18                 SENATOR CLEARE:   Thank you, 

19    Mr. President.

20                 I have to agree with many of the 

21    previous speakers that this bill leaves very much 

22    to be desired.  

23                 But I am grateful and I want to 

24    thank our Health Committee chair, Senator Rivera; 

25    our Majority Leader, Andrea Stewart-Cousins; and 


                                                               3018

 1    our conference for helping to advocate to provide 

 2    an effective Medicaid rate increase that can 

 3    leverage federal funds.  

 4                 Our hospitals, our nursing homes, 

 5    assisted living programs, they need so much 

 6    more -- but we were able to fight to get 

 7    something.  Next year we have to deliver rebasing 

 8    across the board as we work towards complete 

 9    Medicaid equity.  

10                 The Community Doula Expansion Grant 

11    Program is certainly a positive and will help 

12    many Black women and other New Yorkers have safer 

13    and more successful birth outcomes.

14                 Next year we have to fund the VAP 

15    program and make sure that the pending 

16    applications are swiftly dealt with.

17                 I'm thankful for the COLAs that we 

18    did that we were able to allocate, but we have to 

19    deliver a far more realistic and generous COLA 

20    for our workforce.  Those who give so much to 

21    care for others deserve to be able to be paid 

22    enough to care of their own.

23                 And lastly, while I was hoping for 

24    more, I am committed to fighting for more next 

25    year and every year after, and monitoring the 


                                                               3019

 1    CDPAP transition very carefully, and work to 

 2    support program recipients throughout the state 

 3    so that no one loses care.

 4                 Mr. President, I vote aye.

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    Cleare to be recorded in the affirmative.

 7                 Senator Webb to explain her vote.

 8                 SENATOR WEBB:   Thank you, 

 9    Mr. President.

10                 I want to also extend my profound 

11    appreciation to the Senate Majority Leader, of 

12    course our Senate Health Committee chair 

13    Senator Rivera, all of my colleagues.  

14                 As the chair of the Women's Issues 

15    Committee, I was pleased to see that this final 

16    budget includes support for our continuing 

17    efforts around expanding access to maternal and 

18    reproductive healthcare resources here in our 

19    state, whether it's through the Community Doula 

20    Expansion Grant Program -- and thank you so much 

21    to Senator Brouk for her continued advocacy on 

22    this important program.  Also to Senator Cleare 

23    with regards to us now codifying our Reproductive 

24    Freedom and Equity Grant Program, another big 

25    addition with regards to healthcare for women, 


                                                               3020

 1    birthing people across this state.

 2                 I also want to lift up -- again, in 

 3    my district and across the state, we know that 

 4    our nursing homes, assisted living facilities, 

 5    hospitals need more support.  And so we are 

 6    making steps in that direction with this budget.  

 7    But as it has been stated, we can and will do 

 8    more.

 9                 Also, with respect to the COLA 

10    increase, that is also an important step we need 

11    to continue to forge in regards to supporting our 

12    practitioners.  

13                 I also want to lift up a shared 

14    concern.  As one who also has Independent Living 

15    Centers in their district that provide access to 

16    the important CDPAP program, while we understand 

17    the need to make changes, it is important that we 

18    do so in ways that do not create harm, that 

19    really help to support this particular program 

20    and the services it provides to our most 

21    vulnerable in the state.

22                 And so I want to thank everyone who 

23    was involved in that fight, including all the 

24    advocates for raising awareness about the 

25    importance of this program, along with their 


                                                               3021

 1    families, and along with the provisions we were 

 2    able to put in.

 3                 I proudly vote aye.  And thank you 

 4    so much, Mr. President. 

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    Webb to be recorded in the affirmative.

 7                 Senator Mannion to explain his vote.

 8                 SENATOR MANNION:   Thank you, 

 9    Mr. President.

10                 You know, this budget and this bill 

11    has a lot of positives.  We're going to 

12    significantly support our nursing homes and our 

13    hospitals, our assisted living facilities.  We're 

14    going to make improvements in maternal health and 

15    mental health.  We're going to support, 

16    additionally, medical assistance for those six 

17    and under.  And we are going to expand the drug 

18    rebate program to make things more affordable.

19                 I want to advocate for Upstate 

20    Medical Center.  It is not just our largest 

21    employer in Onondaga County.  And it is not just 

22    a safety-net hospital.  It is the burn center for 

23    30 counties in this state.  It is a Level 1 

24    trauma center.  It has the only poison unit for 

25    55 counties in this state.  


                                                               3022

 1                 I am proud to have advocated and 

 2    commend Senator Myrie on his advocacy to save 

 3    SUNY Downstate, which is absolutely an essential 

 4    part of that community.  And I stand here in 

 5    2024, raising my voice to say we must support 

 6    Upstate Medical Center for its children's 

 7    hospital, its burn unit, its Level 1 trauma 

 8    center -- its safety-net hospital is all those 

 9    things.

10                 Additionally I would like to comment 

11    on the Consumer Directed Program in New York 

12    State.  This program is designed to keep people 

13    in home and out of nursing homes and to increase 

14    their level of independence.  I have concerns 

15    about reducing it to one FI.  As was stated, we 

16    want to make sure that we're closely connected to 

17    people who might have communication barriers, be 

18    it due to their age or their disability; language 

19    barriers; and that the cultural competency is 

20    there -- 

21                 ACTING PRESIDENT COONEY:   Thank 

22    you, Senator.

23                 SENATOR MANNION:   -- that close 

24    connection.  

25                 I must say this.  Prior to the 


                                                               3023

 1    establishment by Andrea Stewart-Cousins of the 

 2    Standing Committee on Disabilities, our 

 3    cost-of-living adjustments looked like and 

 4    sounded like this:  Zero, zero, zero.

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    Mannion.

 7                 SENATOR MANNION:   And we have 

 8    secured four cost-of-living adjustments in the 

 9    past few years.  Some of that is dedicated 

10    straight to our employees who are delivering 

11    those services based on trust and relationships.  

12                 I will be voting aye.

13                 Thank you, Mr. President.

14                 ACTING PRESIDENT COONEY:   Senator 

15    Mannion to be recorded in the affirmative.

16                 Senator Harckham to explain his 

17    vote.

18                 SENATOR HARCKHAM:   Thank you very 

19    much, Mr. President.  

20                 I'll be voting yes on this.  But we 

21    as a state, I think, need to change the way we do 

22    business, in that we need to establish the true 

23    cost of government services so we're not playing 

24    this game of Ping-Pong every year, where one year 

25    we have money and we can adequately fund 


                                                               3024

 1    hospitals, and one year we don't, so we're 

 2    cutting so we fit under artificial caps that 

 3    we've created.  

 4                 And so, you know, I share the 

 5    sentiments of Senator Mayer and Senator Rivera.  

 6    When we got this budget, this -- the cupboard was 

 7    bare.  And Senator Rivera and the Majority Leader 

 8    and members worked hard to get what we did get in 

 9    this budget.  And while it's not ideal, we worked 

10    hard.  

11                 And I say to my colleagues on the 

12    other side of the aisle, we share many of the 

13    same concerns with our hospitals, our nursing 

14    homes, with the FI program.  But it has a cost.  

15    And I ask you, where are you on revenue?  You 

16    know, in the same debate we're being chided for 

17    excess spending, and then they're complaining in 

18    the same debate that we're not spending billions 

19    and billions more on the projects that they're 

20    concerned about.

21                 So I will wrap it up with this, 

22    Mr. President, that we need to have a real 

23    cost -- a conversation about cost of government 

24    services, and I hope our colleagues will join us 

25    in the discussion of revenue.


                                                               3025

 1                 I'll be voting aye.

 2                 ACTING PRESIDENT COONEY:   Senator 

 3    Harckham to be recorded in the affirmative.

 4                 Senator Weik to explain her vote.

 5                 SENATOR WEIK:   Thank you, 

 6    Mr. President.

 7                 We've spoken in great detail about 

 8    this bill, and apparently a less crappy version 

 9    of the Governor's proposal is how we spell 

10    success.  At least we did this; at least we did 

11    that -- I've heard that quite a few times.  No 

12    one's excited about this bill.  A whole list of 

13    vital services that our constituents asked us 

14    for, not being addressed this in budget.

15                 We've heard a whole lot of people 

16    say that there was a lot we wanted to do but we 

17    didn't get to do it and that we leave -- it 

18    leaves much to be desired, but this is what we 

19    agreed on for New Yorkers.  I don't agree on it.  

20    And if you don't even want to vote on it, why 

21    would I?  

22                 This bill leaves a lot of bad news 

23    for New Yorkers, and for that I vote in the 

24    negative.

25                 ACTING PRESIDENT COONEY:   Senator 


                                                               3026

 1    Weik to be recorded in the negative.

 2                 Senator Weber to explain his vote.

 3                 SENATOR WEBER:   Thank you, 

 4    Mr. President.  

 5                 You know, my wife and I have a 

 6    saying, when it comes to the kids, that you get 

 7    what you get and you don't get upset.  And while 

 8    that's good for desert and presents, it's not 

 9    good when it comes to the most vulnerable.  And, 

10    you know, it sickens me to see that we're 

11    balancing this budget on the most vulnerable 

12    people.  

13                 You know, we have $2.4 billion in 

14    this budget to support New York City and New York 

15    State sanctuary policies, policies that Rockland 

16    residents surely don't want -- but not enough 

17    money for the 3.2 percent cost-of-living increase 

18    for our direct service providers, and not $4,000 

19    wage enhancements for the direct care workers.  

20                 We surely don't have enough money in 

21    this budget to help shore up the great safety-net 

22    hospitals, like Nyack Hospital and Good Samaritan 

23    Hospital in Rockland.  

24                 And to add insult to injury, we are 

25    now essentially eliminating all of the great 


                                                               3027

 1    individual FIs to replace them with a single 

 2    statewide FI.  The current FI system can be fixed 

 3    to ensure that the disabled and elderly continue 

 4    to receive the care that they need while 

 5    necessary changes and needed changes are made to 

 6    improve the system.  

 7                 In good conscience, I can't support 

 8    this bill.  I'll be voting no.

 9                 ACTING PRESIDENT COONEY:   Senator 

10    Weber to be recorded in the negative.

11                 Senator Martins to explain his vote.

12                 SENATOR MARTINS:   Thank you, 

13    Mr. President.  

14                 It's often said that budgets are 

15    about priorities and setting priorities.  And, 

16    you know, listen to the debate we had here today.  

17    It was all this isn't what we wanted, this isn't 

18    our choice, we didn't get what we wanted in this 

19    budget.  

20                 Folks, we're here to advocate for 

21    New York first, for New Yorkers first, for our 

22    constituents.  Not for somebody else.  And so 

23    when we're talking about money and how we spend 

24    money, you know, New York has this unique 

25    ability, certainly over the last six years or so, 


                                                               3028

 1    to spend wildly, Mr. President, on things -- 

 2    whether we like it, not like it, there's enough 

 3    money in this budget to pay for things that are 

 4    important to New Yorkers.  

 5                 It shouldn't come at the expense of 

 6    our healthcare.  It should not come at the 

 7    expense of those who are most vulnerable.  It 

 8    should not come at the expense of the viability 

 9    of our healthcare systems.  And there are no 

10    excuses.  The votes you take today say a lot 

11    about where your priorities are.  

12                 Mr. President, I'll be voting no.

13                 ACTING PRESIDENT COONEY:   Senator 

14    Martins to be recorded in the negative.

15                 Senator Rhoads to explain his vote.

16                 SENATOR RHOADS:   Thank you, 

17    Mr. President.  I'll make it quick.  And I 

18    actually wasn't going to get up and speak again 

19    until I heard some of the comments from my 

20    colleagues.  

21                 You know, New York State does not 

22    have a revenue problem.  New York State has a 

23    spending problem.  The issue is where we are 

24    putting our priorities.  The fact that we are 

25    spending $2.4 billion on a self-created migrant 


                                                               3029

 1    crisis, yet we can't find money to pay for NUMC, 

 2    or we can't find money to pay for a CDPAP 

 3    program.  That's shameful.  

 4                 The fact that we're spending 

 5    $100 million on pot farms but we can't find money 

 6    to find -- to put into some essential programs is 

 7    not because we're not taxing enough.  It's 

 8    because we're spending too much on the wrong 

 9    things.  

10                 And so the solution to this problem 

11    is not looking for additional revenue.  That 

12    can't be the only answer.  The solution to this 

13    problem is being more disciplined about where we 

14    spend our money, what we actually prioritize, and 

15    spend it on the things that are truly important 

16    that advance the interests of homeowners, that 

17    advance the interests of residents, that advance 

18    the interests of businesses, that advance the 

19    interests that are important to the residents 

20    that send us here.  

21                 That's our argument on this side of 

22    the aisle.  And unfortunately, this particular 

23    bill, as the entire budget, doesn't do that.  We 

24    just spend more and more and more on the wrong 

25    things.  


                                                               3030

 1                 So, Mr. President, I'll be voting no 

 2    on this particular budget, part of the budget.  

 3    And I thank you for your indulgence.

 4                 ACTING PRESIDENT COONEY:   Senator 

 5    Rhoads to be recorded in the negative.

 6                 Senator Rivera to close.

 7                 SENATOR RIVERA:   Thank you, 

 8    Mr. President.  

 9                 I don't know if I've made myself 

10    clear.  Yeah, no -- to paraphrase our leader, 

11    what we are going for, what she is going for when 

12    she's trying to negotiate is to get to everybody 

13    to be "happish," you know.  

14                 The reality is that negotiations 

15    mean negotiations, and it means getting to a 

16    compromise.  And ultimately what it means is that 

17    when it gets to -- at this point, remember, 

18    folks, we're 18 days behind schedule, there's 

19    certain things, when there's three folks around 

20    the table and two folks are saying we're in 

21    agreement, and you say it's terrible but we like 

22    it.  So there's only so long that we can go.  And 

23    ultimately that's what happened here.  

24                 When I look at this budget, I call 

25    it harm reduction.  And I'll get back to that, 


                                                               3031

 1    because there's some issues I quickly want to 

 2    talk about as far as opioids are concerned.

 3                 A few clarifications, actually, for 

 4    Senator Canzoneri-Fitzpatrick.  There's 

 5    actually -- the language is a little -- as it 

 6    relates to EIs, Early Intervention for school 

 7    psychologists, we actually rejected it for a 

 8    year.  So it actually -- the language looks like 

 9    we accepted it; we actually pushed it back a 

10    year, so it's actually -- because I agree with 

11    you, we needed to make sure that was in there.  

12    So I just wanted to clarify that that made it in 

13    there and you are correct, that we needed to hold 

14    the line on that.  And hopefully we were -- and 

15    thankfully we were able to do it.  

16                 On medical debt, I will say that 

17    there's a lot of bills that I've carried over the 

18    years on medical debt, and we certainly have had 

19    conversations, Senator Martins and I, about it.  

20    We -- the disagreement that I will have with the 

21    Senator, and we will continue to have it, is 

22    certainly I care about -- I deeply care about the 

23    bottom line of particularly safety-net 

24    institutions, and I'll get back to that in a 

25    second.  


                                                               3032

 1                 What we're talking about here is 

 2    certainly the bottom line of individuals.  The 

 3    bottom line -- I need one more minute, and I'm 

 4    going to wrap it up.  The bottom line of 

 5    individuals, and we wanted to make sure that 

 6    those folks are protected from medical debt.  So 

 7    that -- we will always disagree on that, and I'm 

 8    very happy with what we were able to achieve 

 9    here.  

10                 And lastly, as far as opiates are 

11    concerned, criminalizing -- more criminalization 

12    does not lead to people being better.  There are 

13    investments that the Governor is not making that 

14    we have talked about constantly.  And certainly 

15    my colleague Senator Fernandez was on the money 

16    about all the things that we need to do and that 

17    we have been doing but we need to expand, and 

18    unfortunately we didn't do enough in this budget.

19                 But bottom line, I will -- I will be 

20    voting in the affirmative, Mr. President.  It is 

21    a harm-reduction budget as far as I'm concerned.  

22    There is much more to do.  And I'm looking 

23    forward to getting it done in the rest of the 

24    session.  So I'll vote in the affirmative.

25                 Thank you.


                                                               3033

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Rivera to be recorded in the affirmative.

 3                 Announce the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 845, those Senators voting in the 

 6    negative are Senators Ashby, Borrello, 

 7    Canzoneri-Fitzpatrick, Chu, Griffo, Helming, 

 8    Lanza, Martins, Mattera, Murray, Oberacker, 

 9    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

10    Tedisco, Weber and Weik.

11                 Ayes, 40.  Nays, 20.

12                 ACTING PRESIDENT COONEY:   The bill 

13    is passed.

14                 Senator Gianaris, that completes the 

15    reading of the calendar.

16                 SENATOR GIANARIS:   Thank you, 

17    Mr. President.

18                 Just so members have an idea of what 

19    remains, there are -- that was one down, five 

20    more budget bills to go tonight.  

21                 We're going to break now for party 

22    conferences.  There are three of those five bills 

23    in print already.  So after our conferences we 

24    will come back to pass those three, and then 

25    likely break for another set of conferences 


                                                               3034

 1    before the final two bills.

 2                 But with that, can you call on 

 3    Senator Lanza for an announcement.

 4                 ACTING PRESIDENT COONEY:   Senator 

 5    Lanza.

 6                 SENATOR LANZA:   Thank you, 

 7    Senator Gianaris.

 8                 Mr. President, there will be an 

 9    immediate meeting of the Republican Conference in 

10    Room 315.  

11                 SENATOR GIANARIS:   And also an 

12    immediate meeting of the Democrat Conference in 

13    Room 332.  

14                 And the Senate will stand at ease.

15                 ACTING PRESIDENT COONEY:   The 

16    Senate will stand at ease.

17                 (Whereupon, the Senate stood at ease 

18    at 4:33 p.m.)

19                 (Whereupon, the Senate reconvened at 

20    6:34 p.m.)

21                 ACTING PRESIDENT COONEY:   The 

22    Senate will come to order.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   Good evening, 

25    Mr. President.  


                                                               3035

 1                 We're going to call a meeting of the 

 2    Finance Committee in five minutes, because 

 3    they're just setting up the room.  But members of 

 4    the Finance Committee, if they could mosey their 

 5    way over to Room 332 in five minutes, we will 

 6    have that committee meeting and then come back to 

 7    the floor to take up those bills.

 8                 ACTING PRESIDENT COONEY:   There 

 9    will be a meeting of the Finance Committee in 

10    Room 332 in five minutes.  

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   We'll stand at 

13    ease.

14                 ACTING PRESIDENT COONEY:   The 

15    Senate will stand at ease.  

16                 (Whereupon, the Senate stood at ease 

17    at 6:34 p.m.)

18                 (Whereupon, the Senate reconvened at 

19    6:50 p.m.)

20                 ACTING PRESIDENT COONEY:   The 

21    Senate will return to order.

22                 Senator Gianaris.

23                 SENATOR GIANARIS:   Mr. President, 

24    there's a report of the Finance Committee at the 

25    desk.  Can we take that up, please.


                                                               3036

 1                 ACTING PRESIDENT COONEY:   The 

 2    Secretary will read.

 3                 THE SECRETARY:   Senator Krueger, 

 4    from the Committee on Finance, reports the 

 5    following bills:  

 6                 Senate Print 8304D, Senate Budget 

 7    Bill, an act making appropriations for the 

 8    support of government; 

 9                 Senate Print 8303D, Senate Budget 

10    Bill, an act making appropriations for the 

11    support of government; 

12                 Senate Print 8301A, Senate Budget 

13    Bill, an act making appropriations for the 

14    support of government.  

15                 All bills report directly to third 

16    reading.  

17                 SENATOR GIANARIS:   Move to accept 

18    the report of the Finance Committee.

19                 ACTING PRESIDENT COONEY:   All those 

20    in favor of accepting the report of the 

21    Finance Committee signify by saying aye.

22                 (Response of "Aye.")

23                 ACTING PRESIDENT COONEY:   Opposed, 

24    nay.  

25                 (No response.)


                                                               3037

 1                 ACTING PRESIDENT COONEY:   The 

 2    report of the Finance Committee is accepted.

 3                 Senator Gianaris.

 4                 SENATOR GIANARIS:   Please take up 

 5    the supplemental calendar.

 6                 ACTING PRESIDENT COONEY:   There's a 

 7    substitution at the desk.  

 8                 The Secretary will read.

 9                 THE SECRETARY:   Senator Krueger 

10    moves to discharge, from the Committee on 

11    Finance, Assembly Bill Number 8804D and 

12    substitute it for the identical Senate Bill 

13    Number 8304D, Third Reading Calendar 844.

14                 ACTING PRESIDENT COONEY:   The 

15    substitution is so ordered.

16                 The Secretary will read.  

17                 SENATOR GIANARIS:   Is there a 

18    message of necessity at the desk?

19                 ACTING PRESIDENT COONEY:   There is 

20    a message of necessity at the desk, yes, 

21    Senator Gianaris.

22                 SENATOR GIANARIS:   Move to accept 

23    the message of necessity.  

24                 ACTING PRESIDENT COONEY:   All those 

25    in favor of accepting the message please signify 


                                                               3038

 1    by saying aye.

 2                 (Response of "Aye.")

 3                 ACTING PRESIDENT COONEY:   Opposed, 

 4    nay.

 5                 (Response of "Nay.")

 6                 ACTING PRESIDENT COONEY:   The 

 7    message is accepted.  The bill is before the 

 8    house.

 9                 SENATOR BORRELLO:   Lay it aside.

10                 ACTING PRESIDENT COONEY:   Lay it 

11    aside.

12                 SENATOR GIANARIS:   We didn't have 

13    the reading.

14                 ACTING PRESIDENT COONEY:   The 

15    Secretary will read.

16                 THE SECRETARY:   Calendar Number 

17    844, Assembly Print Number 8804D, Assembly Budget 

18    Bill, an act making appropriations for the 

19    support of government.

20                 SENATOR GIANARIS:   Is there a 

21    message of necessity at the desk?

22                 ACTING PRESIDENT COONEY:   The bill 

23    is laid aside, Senator Gianaris.  We just were a 

24    little bit out of order there.

25                 (Inaudible.)


                                                               3039

 1                 ACTING PRESIDENT COONEY:   That's 

 2    okay.

 3                 SENATOR GIANARIS:   Very good, thank 

 4    you.

 5                 ACTING PRESIDENT COONEY:   So 

 6    Senator Gianaris, that completes the reading of 

 7    the supplemental calendar.

 8                 Let's keep going.

 9                 THE SECRETARY:   Calendar Number 

10    846, Senate Print 8303D, Senate Budget Bill, an 

11    act making appropriations for the support of 

12    government.

13                 SENATOR GIANARIS:   Now I ask if 

14    there's a message of necessity at the desk.

15                 ACTING PRESIDENT COONEY:   There is 

16    a message of necessity at the desk.

17                 SENATOR GIANARIS:   Move to accept 

18    the message of necessity.

19                 ACTING PRESIDENT COONEY:   All those 

20    in favor of accepting the message, please signify 

21    by saying aye.

22                 (Response of "Aye.")

23                 ACTING PRESIDENT COONEY:   Opposed, 

24    nay.

25                 (Response of "Nay.")


                                                               3040

 1                 ACTING PRESIDENT COONEY:   The 

 2    message is accepted.  The bill is before the 

 3    house.

 4                 SENATOR BORRELLO:   Lay it aside.

 5                 ACTING PRESIDENT COONEY:   Lay it 

 6    aside.

 7                 THE SECRETARY:   Calendar Number 

 8    847, Senate Print 8301A, Senate Budget Bill, an 

 9    act making appropriations for the support of 

10    government.

11                 SENATOR GIANARIS:   Is there a 

12    message of necessity at the desk?  

13                 ACTING PRESIDENT COONEY:   There is 

14    a message of necessity at the desk.

15                 SENATOR GIANARIS:   I move to accept 

16    the message of necessity.  

17                 ACTING PRESIDENT COONEY:   All those 

18    in favor of accepting the message please signify 

19    by saying aye.

20                 (Response of "Aye.")

21                 ACTING PRESIDENT COONEY:   Opposed, 

22    nay.

23                 (Response of "Nay.")

24                 ACTING PRESIDENT COONEY:   The 

25    message is accepted.  The bill is before the 


                                                               3041

 1    house.

 2                 SENATOR BORRELLO:   Lay it aside.

 3                 ACTING PRESIDENT COONEY:   The bill 

 4    is laid aside.  

 5                 Now, Senator Gianaris, we have 

 6    completed the supplemental calendar.

 7                 ACTING PRESIDENT COONEY:   On to the 

 8    controversial calendar, please.

 9                 ACTING PRESIDENT COONEY:   The 

10    Secretary will ring the bell.

11                 The Secretary will read.

12                 THE SECRETARY:   Calendar Number 

13    844, Assembly Print 8804D, Assembly Budget Bill, 

14    an act making appropriations for the support of 

15    government.

16                 ACTING PRESIDENT COONEY:   Senator 

17    O'Mara, why do you rise?

18                 SENATOR O'MARA:   Mr. President, if 

19    Senator Krueger would yield for a few questions, 

20    mostly generally on the financial plan.

21                 ACTING PRESIDENT COONEY:   Will the 

22    sponsor yield?

23                 SENATOR KRUEGER:   Oh, yes, I do.  

24    Yes.

25                 ACTING PRESIDENT COONEY:   The 


                                                               3042

 1    Senator yields.

 2                 SENATOR O'MARA:   Senator, first of 

 3    all, we have three more budget bills in front of 

 4    us now that we've received, I think, since we 

 5    last were in here a few hours ago.  There still 

 6    remains two budget bills to print, is my 

 7    understanding, that aren't finalized yet, one 

 8    being State Operations and the other being 

 9    Education, Labor and Family Assistance.  Is that 

10    correct?

11                 SENATOR KRUEGER:   That is my 

12    understanding also.

13                 SENATOR O'MARA:   And through you, 

14    Mr. President, if the Senator will continue to 

15    yield.  

16                 ACTING PRESIDENT COONEY:   Will the 

17    sponsor yield?

18                 SENATOR KRUEGER:   Yes.

19                 ACTING PRESIDENT COONEY:   The 

20    Senator yields.

21                 SENATOR O'MARA:   So now we have -- 

22    I've just been provided -- last time we were here 

23    I was just provided with a financial plan.  Now 

24    I've just been provided with a revised financial 

25    plan.  And that has changed from a few hours ago 


                                                               3043

 1    to -- from -- it's an increase of about 

 2    1.1 billion from -- of the All Funds -- 

 3    235.35 billion up to 236.54 billion.  

 4                 Can you explain what that increase 

 5    is from?  

 6                 SENATOR KRUEGER:   The majority of 

 7    that $800 million in federal Medicaid matching 

 8    funds, and that was just left off by accident 

 9    before.

10                 SENATOR O'MARA:   Okay.  Through 

11    you, Mr. President, if the Senator will continue 

12    to yield.

13                 ACTING PRESIDENT COONEY:   Does the 

14    sponsor yield?  

15                 SENATOR KRUEGER:   Yes.

16                 ACTING PRESIDENT COONEY:   The 

17    sponsor yields.

18                 SENATOR O'MARA:   It would make it a 

19    little more comprehensible, I think at least for 

20    me, if we had everything all together all at 

21    once.  Would you agree, Senator?  

22                 SENATOR KRUEGER:   Absolutely.

23                 ACTING PRESIDENT COONEY:   Through 

24    you, Mr. President, if the Senator will continue 

25    to yield.  


                                                               3044

 1                 SENATOR KRUEGER:   For the record, 

 2    Mr. President, I'm always hesitant; it's Albany.  

 3    We think this is really final.

 4                 ACTING PRESIDENT COONEY:   So noted.

 5                 SENATOR O'MARA:   Through you, 

 6    Mr. President, if the Senator will continue to 

 7    yield.

 8                 ACTING PRESIDENT COONEY:   Will the 

 9    sponsor yield? 

10                 SENATOR KRUEGER:   Of course.

11                 ACTING PRESIDENT COONEY:   The 

12    Senator yields.

13                 SENATOR O'MARA:   Yet we still have 

14    two bills that are not in final print.  There are 

15    still some unresolved issues, is that correct?

16                 SENATOR KRUEGER:   So I've not been 

17    in the room with the Governor and her people 

18    recently.  But I have to believe that we still 

19    have a few things hanging out there, or they 

20    would be in print.  So I think it's a good guess.

21                 SENATOR O'MARA:   Through you, 

22    Mr. President, if the Senator would continue to 

23    yield.

24                 ACTING PRESIDENT COONEY:   Will the 

25    sponsor yield? 


                                                               3045

 1                 SENATOR KRUEGER:   Of course.

 2                 ACTING PRESIDENT COONEY:   The 

 3    sponsor yields.

 4                 SENATOR O'MARA:   Can you enlighten 

 5    us on what those loose ends are at this late 

 6    hour?  

 7                 SENATOR KRUEGER:   No.  I don't 

 8    think I actually know how many there are and what 

 9    they are.

10                 SENATOR O'MARA:   Through you, 

11    Mr. President, if the Senator will continue to 

12    yield.

13                 ACTING PRESIDENT COONEY:   Does the 

14    sponsor yield?

15                 SENATOR KRUEGER:   Yes.

16                 ACTING PRESIDENT COONEY:   The 

17    sponsor yields.

18                 SENATOR O'MARA:   Of great 

19    contention throughout this entire budget process 

20    has been the housing issues.  Is that issue still 

21    open?  

22                 SENATOR KRUEGER:   No, I do not 

23    believe housing is open.

24                 SENATOR O'MARA:   Okay.  Through 

25    you, Mr. President, if the Senator would continue 


                                                               3046

 1    to yield.

 2                 ACTING PRESIDENT COONEY:   Does the 

 3    sponsor yield?

 4                 SENATOR KRUEGER:   Yes.

 5                 ACTING PRESIDENT COONEY:   The 

 6    Senator yields.

 7                 SENATOR O'MARA:   Can you tell us, 

 8    is this -- first of all, is this financial plan 

 9    we have before us, is it balanced?  As it has to 

10    be by law, so I'm assuming that it is.  Can you 

11    describe for us what the outyears deficit plan 

12    is?  Because I don't see that in the financial 

13    plan here.

14                 (Pause.)

15                 SENATOR KRUEGER:   So the Governor 

16    did give us outyear estimates in her 

17    Executive Budget, but of course this is a 

18    negotiated change.  We haven't added that much, 

19    so conceivably the outyear estimates have not 

20    changed either.  But we don't have any data to 

21    help us with that yet, because obviously one of 

22    the things that has changed over the course of 

23    this negotiation and when we first did an 

24    Executive Budget and then we came up with a 

25    revenue estimate is that revenues have been 


                                                               3047

 1    higher than we thought they would.  

 2                 I sincerely don't know whether the 

 3    Governor, if she was here with us, would say I 

 4    think revenues are going to continue to be higher 

 5    than we thought or not.  I mean, we ended up 

 6    closing out the year with more revenue than we 

 7    believed.  And so that gave us some of the money 

 8    that we are using now.  And the revenues appear 

 9    to have continued to come in more strongly than 

10    she estimated.  

11                 But I don't know that they have come 

12    up with any outyear projections, different 

13    outyear projections.

14                 SENATOR O'MARA:   Thank you, 

15    Senator.

16                 Through you, Mr. President, if the 

17    Senator will continue to yield.

18                 ACTING PRESIDENT COONEY:   Will the 

19    sponsor yield?

20                 SENATOR KRUEGER:   Yes.

21                 ACTING PRESIDENT COONEY:   The 

22    Senator yields.

23                 SENATOR O'MARA:   A significant 

24    issue for us on this side of the aisle has to do 

25    with the unemployment insurance deficit, that 


                                                               3048

 1    fund that's -- a balance that's owed to the 

 2    federal government.  

 3                 Is there any funding in the budget 

 4    as it sits right now to pay down that balance to 

 5    the federal government?

 6                 SENATOR KRUEGER:   Not here in the 

 7    budget.  As we have discussed before, technically 

 8    the Unemployment Insurance Fund is not part of 

 9    the State Budget and is not state dollars.  It is 

10    an insurance model that is paid by employers and 

11    employees.  And then sometimes we do find 

12    ourselves, in bad economic times, having to take 

13    loans from the federal government that we have to 

14    pay back.  And I believe that is what the -- my 

15    colleague is asking about.  

16                 To be honest, in our one-house 

17    budget we had proposed an increase in corporate 

18    income taxes on high-net companies and hoped to 

19    use some of that money for the purpose my 

20    colleague is asking about, to help contribute 

21    state funds to solve this problem.  But we lost 

22    that fight in the budget negotiations.

23                 SENATOR O'MARA:   Through you, 

24    Mr. President, if the Senator will continue to 

25    yield.  


                                                               3049

 1                 ACTING PRESIDENT COONEY:   Will the 

 2    sponsor yield?

 3                 SENATOR KRUEGER:   Yes.

 4                 ACTING PRESIDENT COONEY:   The 

 5    sponsor yields.

 6                 SENATOR O'MARA:   So there's no 

 7    funding to pay that down at this point.  

 8                 Has there been any request, to your 

 9    knowledge, requesting the federal government to 

10    forgive part of that UI deficit?

11                 SENATOR KRUEGER:   We agree that 

12    it's an excellent idea.  It has to come from the 

13    Governor, and we don't know whether the Governor 

14    has made that ask.

15                 SENATOR O'MARA:   Mr. President, if 

16    the sponsor would continue to yield.

17                 ACTING PRESIDENT COONEY:   Will the 

18    sponsor yield?

19                 SENATOR KRUEGER:   Yes.

20                 ACTING PRESIDENT COONEY:   The 

21    sponsor yields.  

22                 SENATOR O'MARA:   All right, just a 

23    couple of questions relative to the use of 

24    reserve funds in this budget.  

25                 If you could tell us where, 


                                                               3050

 1    according to the financial plan, we stand as a 

 2    state in reserve funds, and what if any portions 

 3    of those we're utilizing to balance this budget.

 4                 SENATOR KRUEGER:   We're not using 

 5    any reserve funds in this budget.  And our 

 6    projected reserves are exactly what the Governor 

 7    proposed in her Executive Budget.  There's been 

 8    no change in that.

 9                 I can break it down for you.

10                 SENATOR O'MARA:   No, I -- through 

11    you, Mr. President, if the sponsor would yield.  

12                 It was my understanding in the 

13    Executive Budget that there was about a half a 

14    billion dollars being used out of reserves to 

15    balance the Executive's budget.  And that's 

16    remained unchanged.

17                 SENATOR KRUEGER:   In the 

18    Executive Budget she was taking a half a billion 

19    dollars for use in a future year, not this year.  

20    So there is no reserve fund money being used in 

21    the fiscal year we're discussing, '24-'25.

22                 SENATOR O'MARA:   Okay.  Thank you, 

23    Senator.

24                 Mr. President, just to refresh me, 

25    to get off the financial plan here, we are on the 


                                                               3051

 1    capital portion of the budget, right?  

 2                 ACTING PRESIDENT COONEY:   That's 

 3    correct.  

 4                 SENATOR O'MARA:   Okay.  I just have 

 5    a couple of questions about highway funding.  I 

 6    don't know, Senator, if that's for you or for --

 7                 SENATOR KRUEGER:   Yeah, I have -- 

 8    I've got some numbers here, and they might -- 

 9                 ACTING PRESIDENT COONEY:   Senator 

10    Krueger, do you yield?  

11                 SENATOR KRUEGER:   I am prepared to 

12    answer.

13                 ACTING PRESIDENT COONEY:   Senator 

14    Krueger yields.

15                 SENATOR KRUEGER:   We might have a 

16    special guest on Transportation join us.  But why 

17    don't you start.

18                 SENATOR O'MARA:   Yes, thank you, 

19    Mr. President.  Thank you, Senator Krueger.

20                 The Governor's Executive Budget 

21    basically held flat -- actually, no, made 

22    reductions to the CHIPS funding and the local 

23    touring roads funding.  There were increases in 

24    the Senate one-house budget to restore those cuts 

25    and to add, in fact, additional funds on both 


                                                               3052

 1    CHIPS and local touring roads.  

 2                 However, in this final budget -- 

 3    this final budget, it appears that we were only 

 4    able to restore the Governor's cuts and there are 

 5    no increases to any of the upstate highway and 

 6    bridge programs.  Is that correct?

 7                 SENATOR KRUEGER:   Yes, that is 

 8    correct.  We restored all the cuts the Governor 

 9    proposed.  So we restored 60 million to CHIPS, 

10    40 million to touring routes, 26 million for -- 

11    oh, those aren't roads, sorry.  Those are other 

12    things.

13                 SENATOR O'MARA:   Through you, 

14    Mr. President, if the Senator will continue to 

15    yield.

16                 ACTING PRESIDENT COONEY:   Will the 

17    sponsor yield?

18                 SENATOR KRUEGER:   Yes.

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.  

21                 SENATOR O'MARA:   Where did we end 

22    up with regards to the Extreme Winter Recovery 

23    program, whether that was cut or whether that was 

24    held flat as well?

25                 SENATOR KRUEGER:   Held flat, not 


                                                               3053

 1    cut.

 2                 SENATOR O'MARA:   Through you, 

 3    Mr. President, if the Senator will continue to 

 4    yield.

 5                 ACTING PRESIDENT COONEY:   Will the 

 6    sponsor yield?

 7                 SENATOR KRUEGER:   Yes.

 8                 ACTING PRESIDENT COONEY:   The 

 9    sponsor yields.  

10                 SENATOR O'MARA:   So we restored 

11    60 million for CHIPS.  The one-house budget had 

12    100 million in it, so we didn't win on that.  We 

13    added 50 million to local touring roads, and that 

14    was adding 50 million and we didn't win on that 

15    in the final negotiations here.  And in fact the 

16    increases that this one-house budget had, I think 

17    there were even greater increases in the 

18    Assembly's one-house budget.  

19                 So with both houses adding some 

20    money on those programs for local highways and 

21    bridges, how is it that we just ended up flat?

22                 SENATOR KRUEGER:   Because our hopes 

23    and aspirations were greater than the amount of 

24    money we had to negotiate between the Governor 

25    and our two houses.  


                                                               3054

 1                 So unfortunately, as we discussed 

 2    over and over again in the presentation on 

 3    healthcare funding, so many things we were hoping 

 4    to do we were not able to do.  Even though some 

 5    things that people were begging for help with, we 

 6    were able to do.  Unfortunately, in 

 7    transportation and roads, the best we could do 

 8    was to hold even, as opposed to see cuts.

 9                 SENATOR O'MARA:   Thank you.

10                 SENATOR KRUEGER:   You're welcome.

11                 SENATOR O'MARA:   Although there's 

12    no increase -- through you, Mr. President, if the 

13    Senator will continue to yield.

14                 ACTING PRESIDENT COONEY:   Will the 

15    sponsor yield?

16                 SENATOR KRUEGER:   Of course.

17                 ACTING PRESIDENT COONEY:   The 

18    sponsor yields.

19                 SENATOR O'MARA:   While the 

20    non-New York City highway, road and bridge 

21    programs are held flat year to year, I see that 

22    there's an increase of $20 million for the 

23    Metropolitan Transportation Authority and their 

24    capital budget.  So the MTA gets $20 million and 

25    the rest of the state gets zero?


                                                               3055

 1                 SENATOR KRUEGER:   Okay, the 

 2    $20 million is for Hudson River Line resiliency.  

 3    And so technically it does affect the trains 

 4    going from New York City upstate, but there's 

 5    been serious flooding.  And I think it matters 

 6    just as much for people living upstate whether or 

 7    not trains run successfully from upstate down to 

 8    New York City.  

 9                 So I'm not sure I would define that 

10    as a New York City project as much as a "make 

11    sure we have rail lines that work between the 

12    northern parts of the state and the bottom of the 

13    state."

14                 SENATOR O'MARA:   Thank you, 

15    Senator.

16                 Mr. President, if the Senator will 

17    continue to yield.

18                 ACTING PRESIDENT COONEY:   Does the 

19    sponsor yield? 

20                 SENATOR KRUEGER:   Yes.

21                 ACTING PRESIDENT COONEY:   The 

22    sponsor yields.

23                 SENATOR O'MARA:   I would agree that 

24    it is important to keep that rail line going 

25    between New York and Albany.  It's an important 


                                                               3056

 1    transportation route.  But so are all of our 

 2    local roads, bridges and culverts, yet we're 

 3    providing no additional relief to our local 

 4    governments to help on these road programs.  So 

 5    that does not seem equitable to me.  

 6                 One final question I think I have on 

 7    a different area of this budget in regards to the 

 8    environmental conservation salaries.  In the 

 9    capital budget there's a line for $10 million for 

10    services, including personal services, fringe 

11    benefits and other personal service costs of 

12    $10 million.  Why is it we are paying salaries 

13    and fringe benefits with capital debt?

14                 (Pause.)

15                 SENATOR KRUEGER:   Okay.  This was 

16    confusing.  But as I understand it, because I was 

17    not aware of this -- thank you for asking the 

18    question -- it's a dry appropriation as the MTA 

19    is changing its financial computer tracking 

20    system.

21                 SENATOR O'MARA:   DEC.  We're on DEC 

22    now.  You said MTA.  I just want to be clear.  

23    We're still on DEC.  Okay, yup. 

24                 SENATOR KRUEGER:   I'm sorry, yes, 

25    DEC.  So sorry.


                                                               3057

 1                 And that the assumption is it 

 2    probably won't be needed, it's just making sure 

 3    we have it if we need it.  And then it's the 

 4    state sort of paying itself.  

 5                 But unlikely that that money will 

 6    ever be needed.  That is how it was explained to 

 7    me, and they're shaking their heads that I sort 

 8    of got it right.

 9                 SENATOR O'MARA:   Okay.  Well, I'm 

10    shaking my head because I don't get it.  

11                 But I think that's all the questions 

12    I have at this point, Senator.  Thank you.  

13                 And thank you, Mr. President.

14                 ACTING PRESIDENT COONEY:   Thank 

15    you, Senator O'Mara.  

16                 Senator Helming, why do you rise?

17                 SENATOR HELMING:   Thank you.  

18    Mr. President, if the sponsor will yield for a 

19    few questions on Housing and Community Renewal.

20                 ACTING PRESIDENT COONEY:    Does the 

21    sponsor yield on Homes and Community Renewal?  

22                 SENATOR KRUEGER:   Within the 

23    capital budget, yes.

24                 ACTING PRESIDENT COONEY:   Within 

25    the capital budget.  The sponsor yields.


                                                               3058

 1                 SENATOR HELMING:   Thank you.  

 2                 Senator Krueger, is there funding in 

 3    the capital projects bill for the New York City 

 4    Housing Authority?  

 5                 SENATOR KRUEGER:   Yes, there is.  

 6    There is $140 million for the New York City 

 7    Housing Authority.

 8                 SENATOR HELMING:   Mr. President, if 

 9    the sponsor will continue to yield.

10                 ACTING PRESIDENT COONEY:   Will the 

11    sponsor yield?

12                 SENATOR KRUEGER:   Yes, of course.

13                 ACTING PRESIDENT COONEY:   The 

14    sponsor yields.

15                 SENATOR HELMING:   Senator Krueger, 

16    how will that money be spent?

17                 SENATOR KRUEGER:   Did somebody else 

18    say "Senator Krueger"?  

19                 SENATOR GIANARIS:   Senator Kavanagh 

20    would like to speak and answer that question.

21                 SENATOR KRUEGER:   Oh, I'm so sorry, 

22    Senator Kavanagh.  No, it's fair enough, it's 

23    housing.  

24                 Please, would you mind if 

25    Senator Kavanagh answers the questions?


                                                               3059

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Kavanagh, do you yield?  

 3                 SENATOR KAVANAGH:   I do.

 4                 ACTING PRESIDENT COONEY:   Senator 

 5    Kavanagh yields on housing.

 6                 SENATOR HELMING:   Thank you.  

 7                 So, Senator Kavanagh, the question 

 8    on the floor is how will the $140 million that's 

 9    been allocated in the capital projects bill to 

10    the New York City Housing Authority be spent?  

11                 SENATOR KAVANAGH:   It will be 

12    spent -- first of all, thank you for the 

13    question.  

14                 Through you, Mr. President, it will 

15    be spent on capital improvements within the 

16    Housing Authority.  We know that the New York 

17    City Housing Authority has a very broad housing 

18    improvement plan.  And I spoke with the -- 

19    exchanged calls today with the chair.  They will 

20    be presenting projects.  As usual, they will be 

21    approved by the state and funded.  We know there 

22    are numerous capital needs that need to be 

23    addressed.  

24                 And I would note that there's -- in 

25    addition to the $140 million for the New York 


                                                               3060

 1    City Housing Authority, there's also $75 million 

 2    for other housing authorities all over the state.  

 3    And similarly, those housing authorities will 

 4    propose projects and they will be approved and 

 5    funded.

 6                 SENATOR HELMING:   Mr. President, if 

 7    the sponsor will continue to yield.  

 8                 ACTING PRESIDENT COONEY:   Will the 

 9    sponsor yield?

10                 SENATOR KAVANAGH:   Yes, 

11    Mr. President.

12                 ACTING PRESIDENT COONEY:   The 

13    sponsor yields.

14                 SENATOR HELMING:   Senator Kavanagh, 

15    I just want to make sure that I heard you clearly 

16    and that I understand properly, that any of the 

17    projects that NYCHA will complete are approved by 

18    the State of New York?

19                 SENATOR KAVANAGH:   Yes.  Through 

20    you, Mr. President, the funding -- the -- this 

21    is -- it will be done pursuant to a plan 

22    presented by the Housing Authority and approved 

23    by the state and then spent.

24                 SENATOR HELMING:   Through you, 

25    Mr. President, if the sponsor will continue to 


                                                               3061

 1    yield.

 2                 ACTING PRESIDENT COONEY:   Does the 

 3    sponsor yield? 

 4                 SENATOR KAVANAGH:   Yes, 

 5    Mr. President.

 6                 ACTING PRESIDENT COONEY:   The 

 7    sponsor yields.

 8                 SENATOR HELMING:   Senator Kavanagh, 

 9    it's my understanding that NYCHA announced just 

10    last July that they're in need of $78.3 billion 

11    to fully rehabilitate 161,400 aging apartments.  

12    And, I mean, that's kind of consistent with what 

13    we hear during some of our Housing Committee 

14    meetings when NYCHA comes up.  

15                 But to me, it's outrageous when you 

16    think about it.  That comes out to $485,000 per 

17    unit, $485,000 per unit.  Which now I just 

18    learned New York State is approving these 

19    projects.  

20                 So my question is, Senator Kavanagh, 

21    do you think it's worth spending almost a half a 

22    million dollars per unit to renovate?  

23                 SENATOR KAVANAGH:   Through you, 

24    Mr. President, the New York City Housing 

25    Authority houses about half a million people in 


                                                               3062

 1    this state.  It's about 1/40th of the entire 

 2    population of the state.  

 3                 Because of years and years of 

 4    underinvestment at the federal, state and city 

 5    level, these buildings in many cases are in very 

 6    bad shape.  People lack heat, they have problems 

 7    with the roofs and the basic envelope of the 

 8    building.  And these are very difficult 

 9    conditions.  There is no feasible approach to 

10    this other than investing capital as necessary.

11                 The figure that my colleague across 

12    the aisle mentions is the entire unmet capital 

13    need of the entire system.  A more modest amount 

14    of money -- although a very large amount of money 

15    would be necessary to deal with the most serious 

16    problems, what we're proposing here is a very 

17    small investment toward a very large need.

18                 I would note also that the Housing 

19    Authority has taken creative approaches to their 

20    capital needs, including converting projects 

21    through the RAD program, which is a federal 

22    program that's been in place for a number of 

23    years, that allows them to convert the buildings 

24    from Section 9 housing, which is the Public 

25    Housing Law, to Section 8, which provides 


                                                               3063

 1    substantially more funding per unit.  

 2                 And just last year this house 

 3    approved the NYCHA Trust, the Public Housing 

 4    Trust in New York, which will allow additional 

 5    units to be converted to different funding 

 6    mechanisms.  

 7                 But the simple fact is that New York 

 8    City Housing Authority and housing authorities in 

 9    all of our districts are short capital, they have 

10    unmet capital needs, and this state is putting up 

11    to $250 million today, including in -- you know, 

12    housing authorities in the districts of my 

13    colleagues across the aisle, to ensure that 

14    people have access to basic services and basic 

15    decent conditions.

16                 SENATOR HELMING:   Thank you.  

17                 Through you, Mr. President, if the 

18    sponsor will continue to yield to questions.

19                 ACTING PRESIDENT COONEY:   Will the 

20    sponsor yield?

21                 SENATOR KAVANAGH:   Yes, 

22    Mr. President.

23                 ACTING PRESIDENT COONEY:   The 

24    sponsor yields.  

25                 SENATOR HELMING:   First, I just 


                                                               3064

 1    want to be very clear that I wasn't talking about 

 2    the entire NYCHA system.  I was talking about 

 3    161,400 aging apartments, and it's costing almost 

 4    a half a million dollars per unit to renovate 

 5    those.  

 6                 But my question is, Senator, are you 

 7    aware how much that New York State, the 

 8    taxpayers, have invested in NYCHA over the last 

 9    four years?  

10                 SENATOR KAVANAGH:   Through you, 

11    Mr. President, it's sort of a difficult 

12    accounting for that.  If you're talking about the 

13    taxpayers of the State of New York as a state, as 

14    opposed to the taxpayers as residents of New York 

15    City or as residents of the federal system which 

16    pays the bulk of NYCHA's costs, the State of 

17    New York has invested very little directly in the 

18    operating costs of the New York City Housing 

19    Authority.  

20                 We did last year add $391 million to 

21    the budget to cover the Emergency Rental 

22    Assistance Program, applicants of -- again, of 

23    public housing authorities and Section 8 

24    developments throughout the state.  So that is 

25    money some of which went to the New York City 


                                                               3065

 1    Housing Authority just like it went to every 

 2    other housing authority.  

 3                 But we do very little operating 

 4    costs.  The overall -- in each year, in most of 

 5    recent years we've put a modest amount of capital 

 6    on the table.  This year, as has been noted, it's 

 7    140 million for New York City and $75 million for 

 8    the rest of the state.  Which per capita is a 

 9    higher rate of funding for the rest of the state 

10    than it is for New York City, because there are 

11    only about 36,000 public housing units outside 

12    New York City.

13                 Last year we did 135 million in 

14    capital.  I would say over the last three years, 

15    a rough estimate is something on the order of a 

16    little more than a billion, maybe close to 

17    2 billion of total capital spending in the, you 

18    know, 18 or so years I've been here in the 

19    Legislature.

20                 SENATOR HELMING:   Through you, 

21    Mr. President, if the sponsor will continue to 

22    yield.

23                 ACTING PRESIDENT COONEY:   Does the 

24    sponsor yield? 

25                 SENATOR KAVANAGH:   Yes, 


                                                               3066

 1    Mr. President.

 2                 ACTING PRESIDENT COONEY:   The 

 3    sponsor yields.  

 4                 SENATOR HELMING:   In the last four 

 5    years, the taxpayers of this state have invested 

 6    north of $825 million in NYCHA -- not for 

 7    operating costs, for rehab work.  Senator 

 8    Kavanagh, how are we protecting this investment 

 9    that's being made by our taxpayers?  

10                 Are there -- does NYCHA provide 

11    reports?  Is there anything more than -- you said 

12    the state approves each of those projects, each 

13    of these expenditures.  Do they provide -- does 

14    NYCHA provide us with reports?  Is there any 

15    due diligence that's done?  

16                 SENATOR KAVANAGH:   Through you, 

17    Mr. President.  There are a number of layers of 

18    oversight of the New York City Housing Authority.  

19    The new York City Housing Authority is a federal 

20    agency under extensive regulations put forth by 

21    HUD.  The U.S. Department of Housing and Urban 

22    Development oversees the New York City Housing 

23    Authority.

24                 In addition, there is a special -- 

25    sorry, forgive me, a -- basically a 


                                                               3067

 1    court-appointed special monitor appointed by a 

 2    federal judge who oversees the New York City 

 3    Housing Authority.  There's also a separate kind 

 4    of ombudsperson who deals with lead and mold and 

 5    other concerns that often need to be abated with 

 6    capital programs.  

 7                 The New York City Housing Authority 

 8    is also subject to oversight obviously by the 

 9    New York City Mayor's office, by the New York 

10    City Office of Management and Budget, by the City 

11    Council.  

12                 And in addition, this particular 

13    money, which is a small fraction of the capital 

14    money that the New York City Housing Authority 

15    spends, is subject to DASNY and the Division of 

16    the Budget reviewing the plans for spending this 

17    money and approving them.

18                 SENATOR HELMING:   Thank you, 

19    Mr. President.  If the sponsor will continue to 

20    yield.

21                 ACTING PRESIDENT COONEY:   Will the 

22    sponsor yield? 

23                 SENATOR KAVANAGH:   Happily, 

24    Mr. President.

25                 ACTING PRESIDENT COONEY:   The 


                                                               3068

 1    sponsor yields.  

 2                 SENATOR HELMING:   Senator Kavanagh, 

 3    are you aware of the -- it almost sounds like a 

 4    joke, except it's not.  How much does it cost 

 5    NYCHA to replace a light bulb?  $708, in one 

 6    case.  Have you heard about that, that NYCHA is 

 7    spending $708, or has spent, on one light bulb?

 8                 SENATOR KAVANAGH:   Through you, 

 9    Mr. President, I am not familiar with that 

10    particular light bulb.  And I find it hard to 

11    believe that the Housing Authority spent $708 to 

12    replace a light bulb.  And it does sound very 

13    much like an old joke, which I will spare the 

14    house from hearing today.  

15                 SENATOR HELMING:   So through you, 

16    Mr. President, if the sponsor will continue to 

17    yield.

18                 ACTING PRESIDENT COONEY:   Will the 

19    sponsor yield?

20                 SENATOR KAVANAGH:   Yes, 

21    Mr. President.  

22                 ACTING PRESIDENT COONEY:   The 

23    sponsor yields.

24                 SENATOR HELMING:   So with, 

25    Senator Kavanagh, the lengthy approval process, 


                                                               3069

 1    the state being involved in approving 

 2    expenditures that use taxpayers' dollars, you're 

 3    not aware that the Housing Authority has 

 4    reportedly paid one vendor who submitted a total 

 5    bill of $4,250 to replace six LED bulbs?  

 6                 SENATOR KAVANAGH:   Through you, 

 7    Mr. President, I -- this house has had hearings 

 8    overseeing the Housing Authority.  I also 

 9    participated in those as an Assemblymember, a 

10    member of the Housing Committee over there.  It 

11    is the case that the New York City Housing 

12    Authority, like many public agencies, have had 

13    concerns about cost overruns.  

14                 There was a recent arrest of many 

15    Housing Authority employees who were basically on 

16    the take, might be the common term, in various 

17    low-level contracting exercises.  It is the 

18    largest single-day arrest of people for accepting 

19    graft and bribes in recent memory.

20                 It is the case that New York City 

21    Housing Authority, as a giant agency, has had 

22    some of those concerns.  I'm not going to pretend 

23    to be familiar with each of the individual 

24    instances in which that may have occurred.

25                 SENATOR HELMING:   Through you, 


                                                               3070

 1    Mr. President, if the sponsor will continue to 

 2    yield.

 3                 ACTING PRESIDENT COONEY:   Will the 

 4    sponsor yield?

 5                 SENATOR KAVANAGH:   Happily, 

 6    Mr. President.

 7                 ACTING PRESIDENT COONEY:   The 

 8    sponsor yields.  

 9                 SENATOR HELMING:   And, 

10    Senator Kavanagh, I won't trouble you with 

11    reading the long list like another vendor billing 

12    $4,985 to replace one door to a compactor room, 

13    and yet another charging $4,875 to put in 

14    slip-resistant rubber treads on a stairway with 

15    15 steps, a cost of $325 per step.  

16                 What I will ask is, what are we 

17    doing to make sure the investment paid for by the 

18    citizens of this state, the taxpayers, are going 

19    for real renovations?  

20                 When we were during the budget 

21    negotiations, the New York State Comptroller 

22    dropped his recent report, "New Yorkers In Need."  

23    In that, he states that there are serious and 

24    systemic deficiencies in NYCHA properties.  Are 

25    you aware of the Comptroller's statement?  


                                                               3071

 1                 SENATOR KAVANAGH:   Through you, 

 2    Mr. President, I am aware.  I read lots of 

 3    reports about NYCHA from the City Comptroller as 

 4    well as the State Comptroller.  I'm not familiar 

 5    with the particular text of that statement, but I 

 6    would note that the two comptrollers are 

 7    additional levels of oversight over NYCHA.

 8                 I would also note just, you know, 

 9    many examples of, you know, incidents that may 

10    have happened at NYCHA.  What happens with this 

11    money is that specific projects are identified, 

12    they are reviewed by a state agency, they are 

13    approved, and then NYCHA reports their progress 

14    toward completion of those projects, and we track 

15    whether they are in fact completed.  

16                 In general, this money has gone for 

17    projects like replacing boilers and roofs and 

18    other things that will make living in these 

19    buildings tolerable in a way that it is sometimes 

20    not without these kinds of projects.  And again, 

21    this is a very modest fraction of what is really 

22    needed to be done.  And again, across housing 

23    that is housing 2.5 percent of the entire 

24    population of the state.

25                 I would also note that, you know, 


                                                               3072

 1    the focus on NYCHA is important because NYCHA is 

 2    a very big entity that's housing a lot of people.  

 3    But there are many -- there are hundreds of 

 4    housing authorities across the state.  Some of 

 5    them have similar difficulties meeting their 

 6    capital needs.  And it has been part of our 

 7    effort here in New York in the Legislature to 

 8    make sure that we do our part to try to provide 

 9    for that.  

10                 And I think that, you know, 

11    oversight over all of our entities that are 

12    providing housing is an essential part of what we 

13    do.

14                 SENATOR HELMING:   Mr. President, if 

15    the sponsor will yield for one more question.

16                 ACTING PRESIDENT COONEY:   Will the 

17    sponsor yield? 

18                 SENATOR KAVANAGH:   Happily, 

19    Mr. President.  

20                 ACTING PRESIDENT COONEY:   The 

21    sponsor yields.

22                 SENATOR HELMING:   Senator Kavanagh, 

23    would you agree that we should ask for more 

24    accountability on how funds are spent, how funds 

25    are invested in NYCHA?  Because as you stated, 


                                                               3073

 1    it's so important that we make sure that these 

 2    taxpayer dollars are going to help people, to 

 3    renovate the apartments, to actually do 

 4    meaningful work.

 5                 SENATOR KAVANAGH:   Through you, 

 6    Mr. President.  I am not aware of any specific 

 7    concerns with accountability for any money that 

 8    we have allocated as capital grants to the 

 9    New York City Housing Authority in the 18 years 

10    I've been a member of the Legislature.  

11                 I think we have adequate oversight 

12    for that money, and I think we get good, 

13    necessary improvements for the residents of 

14    New York City as a result of that.

15                 I do, on an ongoing basis, think we 

16    need to pay attention to the quality of the work 

17    that NYCHA does, to the integrity protection.  I 

18    am in regular contact with the leadership of 

19    NYCHA, and I think that oversight is important.  

20    But I don't -- I have not seen any evidence of 

21    any particular concern with any of the state 

22    capital dollars that we've put in.  Because we 

23    do, as has been mentioned, have numerous levels 

24    of oversight over that money.

25                 SENATOR HELMING:   Through you, 


                                                               3074

 1    Mr. President, if the sponsor will yield -- I 

 2    should not have said "the last time" -- for one 

 3    more question.  This should be it.

 4                 ACTING PRESIDENT COONEY:   Will the 

 5    sponsor yield?

 6                 SENATOR KAVANAGH:   Happily.

 7                 ACTING PRESIDENT COONEY:   The 

 8    sponsor yields.

 9                 SENATOR KAVANAGH:   As many as my 

10    colleague asks, I'm happy to yield.

11                 SENATOR HELMING:   So, 

12    Senator Kavanagh, you just said that there have 

13    been no concerns raised since you've been an 

14    elected official.  But I'm raising concerns now.  

15    Concerns have been raised by the New York State 

16    Comptroller.  Concerns have been raised by 

17    others.  

18                 So -- and you're saying there's no 

19    issue with our taxpayer dollars, how they're 

20    being spent.  But how do you know for sure that 

21    that's true?  Where does the funding -- where 

22    does NYCHA get its funding?  It's either from the 

23    city, the state or the feds.  

24                 So you're saying that maybe they 

25    wasted the fed's money or the city's money but 


                                                               3075

 1    not the state taxpayer dollars?  

 2                 SENATOR KAVANAGH:   Through you, 

 3    Mr. President.  The money that we allocate from 

 4    the state capital budget is for very specific 

 5    projects that are identified to DASNY and to the 

 6    Legislature.  And we review that work.  I 

 7    represent many residents of NYCHA, many of whom 

 8    spend a great deal of time also encouraging 

 9    oversight of NYCHA.  

10                 We work very hard to oversee NYCHA.  

11    It is a great difficulty that many of our 

12    residents have living in NYCHA, because NYCHA 

13    does not have adequate resources to do basic 

14    maintenance because they do not have adequate 

15    resources to do the capital improvements that are 

16    necessary because this government and the federal 

17    government and the city government neglected the 

18    basic capital and operational needs of the 

19    New York City Housing Authority for decades.  

20                 And as a result of that, people are 

21    living in very poor conditions.  Because that's 

22    what happens when you fail to invest in 

23    residential real estate over a long period.  It 

24    gets to a point where the problems are critical, 

25    and they need to be addressed.


                                                               3076

 1                 Please, Mr. President -- and anyone 

 2    else listening -- don't misunderstand me.  I am 

 3    not suggesting that there are not serious issues 

 4    with the quality and the accountability of what 

 5    NYCHA does every day.  A lot of it results from 

 6    the underfunding over many years.  But it is our 

 7    obligation, in my view, to put capital money on 

 8    the table, to make sure it is invested properly, 

 9    and improve the quality of life of people living 

10    in these developments.  

11                 For what it's worth, this house -- 

12    the one-house resolution that we did a month ago 

13    proposed $500 million of state capital for this 

14    purpose.  We are doing 140 million today by 

15    agreement with the Assembly and the Governor, and 

16    frankly I think it's a drop in the bucket.  But I 

17    do agree that it's important we spend that money 

18    effectively.  And I am committed to doing that, 

19    and I will continue to involve my colleague, 

20    who's the ranker on the Housing Committee, in 

21    discussions with NYCHA about how this money gets 

22    spent if she's interested.

23                 SENATOR HELMING:   I'd be very 

24    interested.  Mr. President, Senator Kavanagh, 

25    thank you for your responses.


                                                               3077

 1                 SENATOR KAVANAGH:   Thank you.

 2                 ACTING PRESIDENT COONEY:   Thank 

 3    you, Senator Helming.

 4                 Senator Martins, why do you rise?

 5                 SENATOR MARTINS:   Thank you.  

 6                 If Senator Kavanagh would just yield 

 7    for a few questions.  We're going to stay on the 

 8    same topic, Senator.

 9                 ACTING PRESIDENT COONEY:   Senator, 

10    do you yield?

11                 SENATOR KAVANAGH:   Yes.

12                 ACTING PRESIDENT COONEY:   The 

13    sponsor yields.  

14                 SENATOR MARTINS:   Thank you.  

15                 So, Senator, through you -- well, 

16    Senator, there are 177,000 or so units in NYCHA, 

17    right?  

18                 SENATOR KAVANAGH:   Through you, 

19    Madam President, my colleague quoted a slightly 

20    different number, I think, subtracting those that 

21    are in the -- that are going through a different 

22    program, the RAD program.  

23                 But that's rough -- that's the 

24    rough -- that is the rough number of overall 

25    units.  Some of them are in various stages of 


                                                               3078

 1    having their kind of management structure 

 2    switched to a different one.  But yes.  

 3                 SENATOR MARTINS:   And I believe 

 4    Senator Helming asked you -- through you, 

 5    Mr. President, if the sponsor will continue to 

 6    yield.

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 SENATOR KAVANAGH:   Yes.

10                 ACTING PRESIDENT COONEY:   The 

11    sponsor yields.

12                 SENATOR MARTINS:   And I believe 

13    Senator Helming did ask whether or not you were 

14    aware that there were $825 million allocated over 

15    the last three years -- plus this year, if this 

16    bill were to pass -- all for NYCHA improvements.

17                 SENATOR KAVANAGH:   Through you, 

18    Mr. President, I don't believe that it is 

19    $825 million over the last three years.  

20                 But it's -- we've done $1.2 billion 

21    of state capital over the last five or six years.  

22    I don't have the number -- last year the number 

23    was 135 million.  This year it's 140 million.  I 

24    think the year before that it was a bit less.  

25                 But we've done substantial amounts 


                                                               3079

 1    of capital, though modest amounts relative to 

 2    either the state's housing capital budget -- the 

 3    bill that we're talking about now has a billion 

 4    dollars of new spending to support housing.  This 

 5    is a significant fraction of our spending and a 

 6    significant fraction of NYCHA's spending, but 

 7    ultimately modest relative to the need.

 8                 SENATOR MARTINS:   Mr. President, 

 9    through you, if the sponsor would continue to 

10    yield.

11                 ACTING PRESIDENT COONEY:   Does the 

12    sponsor yield? 

13                 SENATOR KAVANAGH:   Yes, 

14    Mr. President.

15                 ACTING PRESIDENT COONEY:   The 

16    sponsor yields.  

17                 SENATOR MARTINS:   So I only bring 

18    it up in the context of the greater question that 

19    we have in the state -- and we certainly have 

20    discussed it here -- about affordability, 

21    housing, and the need for affordable housing in 

22    New York State.  And certainly I would consider 

23    NYCHA to be one of those components.  

24                 We've discussed stabilized housing, 

25    rent control, market-rate housing, new housing, 


                                                               3080

 1    421-a programs, 485x, which I'm sure we'll 

 2    discuss at some point over the next few hours.  

 3    But there are multiple programs and plans out 

 4    there; 177,000 or so of those units are 

 5    incorporated in NYCHA.  

 6                 Can you tell me, or tell us -- the 

 7    people in those units do pay rent, don't they?  

 8                 SENATOR KAVANAGH:   Through you, 

 9    Mr. President, yes.

10                 SENATOR MARTINS:   And through you, 

11    Mr. President, if the sponsor would continue to 

12    yield.

13                 ACTING PRESIDENT COONEY:   Will the 

14    sponsor yield?

15                 SENATOR KAVANAGH:   Yes, 

16    Mr. President.

17                 ACTING PRESIDENT COONEY:   The 

18    sponsor yields.  

19                 SENATOR MARTINS:   And so, 

20    similar -- and I understand that these buildings 

21    are of a similar vintage to those that were built 

22    either in rent-controlled or rent-stabilized 

23    housing where there are rents that are 

24    stabilized, they're controlled, and they're 

25    monitored over time.  


                                                               3081

 1                 And yet through those buildings that 

 2    are privately owned, although regulated by public 

 3    agencies and authorities, the landlord, the 

 4    private owner, is required to maintain those 

 5    buildings to a certain standard.  And there are 

 6    restrictions in their ability to do so, but they 

 7    do so without the infusion of hundreds of 

 8    millions of dollars over a few years in terms of 

 9    capital improvements.  

10                 So I'm curious as to why the 

11    taxpayers of New York State would be asked to 

12    subsidize over $800 million in the last four 

13    years, if we include this year that we're 

14    discussing now, to subsidize these housing units, 

15    when frankly we don't see the same with regard to 

16    other similarly stabilized rent-controlled, 

17    rent-stabilized housing in New York City that are 

18    privately owned.  Why are we expected to pay for 

19    that?

20                 SENATOR KAVANAGH:   Through you, 

21    Mr. President.  I'd make a few observations.  

22                 First of all, public housing 

23    residents pay -- or the rent that NYCHA can 

24    collect and all the public housing residents in 

25    all of our districts can collect is restricted 


                                                               3082

 1    such that no more than 30 percent of the income 

 2    of the tenant may go toward their contribution to 

 3    the rent.  And in most cases that means the total 

 4    rent collected for that unit is that number.  

 5                 I would note that while many people 

 6    who live in public housing have, you know, solid 

 7    jobs, the average income of residents of public 

 8    housing is substantially lower than that of 

 9    tenants in rent-stabilized housing.  Although as 

10    my colleague and I have had the opportunity to 

11    discuss, rent-stabilized housing is also 

12    primarily for people of pretty modest incomes.  

13                 But people at lower incomes live in 

14    NYCHA on average, and therefore the rent that is 

15    collected from that is much lower.  

16                 And I would also note that the State 

17    of New York -- I'm sorry, the public is the owner 

18    of these properties.  We invest capital in many 

19    capital assets that we own, and just as private 

20    owners of property invest capital in property 

21    they own.  This is public property, and it seems 

22    reasonable to ensure its upkeep by investments of 

23    capital.

24                 The federal government and the state 

25    government also invest capital and operating 


                                                               3083

 1    subsidies in these developments.  That was the 

 2    basic model -- that's been the basic model for 

 3    many decades.

 4                 SENATOR MARTINS:   Mr. President, 

 5    through you, if the sponsor will continue to 

 6    yield.

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 SENATOR KAVANAGH:   Yes.

10                 ACTING PRESIDENT COONEY:   The 

11    sponsor yields.  

12                 SENATOR MARTINS:   So is it your 

13    understanding that the limitations on rent that 

14    are charged for these units are such that they 

15    are -- it makes it untenable for that rent to 

16    properly be able to cover the expense of 

17    maintenance on those buildings, on those units, 

18    and therefore that adds an additional expense to 

19    the state in the form of the monies that we're 

20    being asked to sign off on here today?  

21                 SENATOR KAVANAGH:   Yes.  Through 

22    you, Mr. President.  The New York City Housing 

23    Authority and all of our housing authorities were 

24    designed and have for many years been places 

25    where people are housed, many of whom cannot, 


                                                               3084

 1    through the income they earn, afford the cost 

 2    of -- the full cost of maintaining that housing.  

 3                 And so we provide, mostly through 

 4    the federal government, substantial operating 

 5    subsidies for that housing on an ongoing basis, 

 6    for all of it on a per-unit basis.  And we also 

 7    have provided capital subsidies from time to 

 8    time, although not nearly to the extent 

 9    necessary.

10                 And private housing of course is 

11    structured very differently.  There is a profit 

12    that the owners of that housing intend to make, 

13    and they are motivated by that.  And there are 

14    very different structures.  

15                 I do think we'll have an opportunity 

16    to discuss the rent regulation system in a bill 

17    that will hopefully come up before, you know, the 

18    wee hours of the morning in the ELFA bill.  

19                 But public housing has always 

20    been -- the basic structure is that it gets 

21    subsidized.  And it is being subsidized in all of 

22    our districts as a way of housing people who 

23    might otherwise be homeless, who might otherwise 

24    be unable to afford a decent place to live.

25                 SENATOR MARTINS:   Mr. President, 


                                                               3085

 1    through you, if the sponsor would continue to 

 2    yield.

 3                 ACTING PRESIDENT COONEY:  Will the 

 4    sponsor yield?

 5                 SENATOR KAVANAGH:   Happily, 

 6    Mr. President.

 7                 ACTING PRESIDENT COONEY:   The 

 8    sponsor yields.

 9                 SENATOR MARTINS:   Just curious, are 

10    you aware of the median household income for 

11    residents of units in NYCHA housing?

12                 SENATOR KAVANAGH:   Through you, 

13    Mr. President, I do not have that number at my 

14    fingertips.

15                 SENATOR MARTINS:   Through you, 

16    Mr. President, if the sponsor would continue to 

17    yield.  

18                 ACTING PRESIDENT COONEY:   Will the 

19    sponsor yield?

20                 SENATOR KAVANAGH:   Yes, 

21    Mr. President.

22                 ACTING PRESIDENT COONEY:   The 

23    Senator yields.

24                 SENATOR MARTINS:   How are -- are 

25    you familiar with how rents are set?  Other than 


                                                               3086

 1    the formula that you and I are aware of for NYCHA 

 2    and the percentages and limitations on the 

 3    ability to collect rent.  But how is it verified?  

 4                 Are you aware -- I mean, you 

 5    mentioned that you're in touch with leadership at 

 6    NYCHA, you're familiar with the units and with 

 7    the need.  Have you taken a look or to your 

 8    knowledge has there been a study of how the rents 

 9    are actually allocated, whether they are actually 

10    collected, whether or not, if they're not 

11    collected, what the procedure and process is with 

12    regard to rent collection?  

13                 There have been obviously studies 

14    and reports -- as I'm sure you're aware -- of, 

15    you know, large percentages of residents in NYCHA 

16    housing just not paying rent.  And so I'm curious 

17    as to whether or not you have any insights on 

18    that yourself.

19                 SENATOR KAVANAGH:   Through you, 

20    Mr. President.  It's not -- you know, it's not 

21    speculative.  As I mentioned, the New York City 

22    Housing Authority is a state-created entity but 

23    it is subject to extensive federal statutes and 

24    regulations administered by the U.S. Department 

25    of Housing and Urban Development, which reviews 


                                                               3087

 1    numerous reports on, you know, basically every 

 2    aspect of managing the housing, including the 

 3    collection of rent, collection rates, procedures 

 4    by which the rents are set.  

 5                 There has actually been some change 

 6    in this pursuant to a federal law such that the 

 7    Housing Authority has been working to increase 

 8    the amount of rent they get from individual 

 9    tenants, in particular to deal with circumstances 

10    where people's rents might be such that they 

11    should be paying more and perhaps in some cases 

12    may not even, you know, qualify for the rent that 

13    they've been enjoying.  So there's been 

14    adjustments in that.  

15                 It is also the case that especially 

16    during the COVID era and -- well, I'm not sure 

17    the era is over yet.  But during the COVID 

18    pandemic and in subsequent years there have been 

19    relatively high rates of noncollection in public 

20    housing in New York State, including the New York 

21    City Housing Authority and many other public 

22    housing authorities.  

23                 That also happens to be going on in 

24    other forms of affordable housing, like that run 

25    -- the Section 8 developments that are run by 


                                                               3088

 1    private and nonprofit entities around the state.  

 2    And I understand also in the case of for-profit 

 3    developers there are higher rates of nonpayment 

 4    of rent.  Some of that is probably a result of 

 5    hardships caused by the COVID pandemic, but there 

 6    may well be something else going on there as 

 7    well.

 8                 SENATOR MARTINS:   Thank you, 

 9    Mr. President.  On the bill.

10                 ACTING PRESIDENT COONEY:   Senator 

11    Martins on the bill.

12                 SENATOR MARTINS:   And I thank 

13    Senator Kavanagh, as always, for your answers.

14                 Mr. President, the one thing that 

15    our residents demand overall is accountability.  

16    Things have to make sense.  And so when we have 

17    programs where we're spending hundreds of 

18    millions of dollars over the course of a few 

19    years, it begs the question:  Why hasn't 

20    something been done sooner?  

21                 The need is there and I think, you 

22    know, for most people who have visited NYCHA 

23    facilities, they understand the need is there.  

24    How did they get there?  Why was that allowed to 

25    happen?  And why is there now a desperate need 


                                                               3089

 1    for an infusion of cash when there is a system 

 2    that does not work, is insufficient to pay its 

 3    own bills, has not been sufficient, and there has 

 4    been no oversight or review sufficient to provide 

 5    accountability and so allow for people to live in 

 6    these facilities?  

 7                 These are supposed to be those 

 8    affordable units we keep talking about for people 

 9    who are intent on living in the city and want to 

10    live in safe, clean, proper housing.  But over 

11    the years, through neglect or otherwise, they 

12    have not been maintained appropriately.  And yet 

13    here we are funneling money into a program 

14    without there being a plan to actually address 

15    the root issue -- accountability, spending, and 

16    allowing for those units to be properly 

17    maintained and properly repaired.

18                 I haven't seen one.  And certainly 

19    I'm happy to work with my colleagues as we go 

20    forward.  But $825 million going into a program 

21    without there being a plan to allow for these 

22    things to take place, on the hope and the dream 

23    that somehow that's going to be used 

24    appropriately is not accountable.  Frankly, I've 

25    seen too many examples through these budget bills 


                                                               3090

 1    that we've discussed of the hope of something 

 2    happening, and yet no accountability tied to it.  

 3                 So I have serious concerns about 

 4    funneling additional monies into a program 

 5    without there being some level of accountability.  

 6                 And therefore -- again, I'm prepared 

 7    to work with my colleagues, but I'll just leave 

 8    it at that, Mr. President.  Thank you.

 9                 ACTING PRESIDENT COONEY:   Thank 

10    you, Senator Martins.

11                 Are there any other Senators wishing 

12    to be heard?  

13                 Seeing and hearing none, debate is 

14    closed.

15                 Senator Gianaris.

16                 SENATOR GIANARIS:   Mr. President, 

17    we'll be restoring this to the noncontroversial 

18    calendar by agreement.  Thank you.

19                 ACTING PRESIDENT COONEY:   The bill 

20    is restored to the noncontroversial calendar.

21                 Read the last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT COONEY:   Call the 

25    roll.


                                                               3091

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT COONEY:   Senator 

 3    Serrano to explain his vote.

 4                 SENATOR SERRANO:   Thank you very 

 5    much, Mr. President.  

 6                 This year marks the 100th 

 7    anniversary of our state parks system.  And I'm 

 8    happy that this budget includes capital funding 

 9    to help build and maintain and restore so many of 

10    our beautiful parks throughout the state.  

11                 Certainly connecting more people to 

12    parks and to nature is a goal that we all care 

13    deeply about.  Parks and engaging in nature have 

14    very proven physical and mental benefits for all 

15    New Yorkers.  And our state park system is truly 

16    a gem, and I believe the best in the nation.  

17                 So I'm very happy that this budget, 

18    this bill, contains additional capital funds to 

19    help maintain and enhance our state parks, 

20    something that is truly needed.  And I'm so happy 

21    to support that, and I vote aye.

22                 Thank you, Madam President.

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    Serrano to be recorded in the affirmative.  

25                 Senator Cooney to explain his vote.


                                                               3092

 1                 SENATOR COONEY:   Thank you, 

 2    Madam President.  

 3                 For years the late Congresswoman 

 4    Louise Slaughter fought diligently for a downtown 

 5    intermodal station, a facility that Rochesterians 

 6    could be proud of.  That vision included a 

 7    state-of-the-art Amtrak station and long-distance 

 8    bus terminal, creating a truly intermodal 

 9    station.  

10                 Nearly 10 years ago we broke ground 

11    on the new intermodal station, but unfortunately, 

12    due to cost overruns, the long-distance bus 

13    terminal was taken out of the project.  Because 

14    of that, a temporary bus terminal was set up 

15    across the street that of course does not meet 

16    the needs of passengers today.  

17                 Soon that will never happen again in 

18    Rochester.  As a former staffer to Congresswoman 

19    Slaughter, today is an extra-special day because 

20    I'm proud to say that this budget includes 

21    $18 million to make that long-distance bus 

22    terminal a reality for our citizens.  

23                 This was the culmination of work 

24    from a lot of people, including the leadership of 

25    Andrea Stewart-Cousins.  But I especially want to 


                                                               3093

 1    thank United States Senate Majority Leader Chuck 

 2    Schumer, who helped secure the commitment from 

 3    Amtrak to operate this station, as well as to 

 4    commend Rochester for the work they did in 

 5    rallying the community support for this project.  

 6                 Madam President, I vote aye, and I 

 7    am so pleased to say that we will finally make 

 8    Congresswoman Slaughter's dream a reality in 

 9    Rochester.  Thank you.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Cooney to be recorded in the affirmative.

12                 Senator Ryan to explain his vote.

13                 SENATOR RYAN:   Thank you, 

14    Madam President.  

15                 Most of the time when you hear 

16    people talk about the state's housing challenges, 

17    they're talking about New York City.  But as 

18    everyone in this chamber knows, the shortage of 

19    affordable housing, it's a problem in every part 

20    of our state, from Albany to Rochester to Buffalo 

21    and everywhere in between.

22                 But there's something our housing 

23    policies have not accounted for before, and that 

24    is the problems facing our upstate cities.  And 

25    those problems are very different from the 


                                                               3094

 1    problems of New York City.  New York City's 

 2    challenges are based on a shortage of available 

 3    land.  For decades -- maybe longer -- they've had 

 4    nowhere to build but up.  And so most of the 

 5    state's housing programs were created to solve 

 6    that problem.  If you have a building site, the 

 7    state will pay you to put as many units on that 

 8    site as possible.  Makes sense if you're in 

 9    Brooklyn, but most of our programs apply that 

10    one-size-fits-all approach to the entire state.  

11                 With this budget we're taking a big 

12    step forward on that issue.  We're creating 

13    regional solutions for regional problems.  We're 

14    investing $80 million in two new programs that 

15    will add safe and affordable homes and rental 

16    units throughout upstate New York.  

17                 The first $40 million is going to 

18    the Infill Housing Program.  The program will 

19    empower HCR to build one- and two-family homes in 

20    Buffalo, Albany, Syracuse, Rochester and 

21    Binghamton.  These are cities that have thousands 

22    and thousands of vacant lots.  When Buffalo's 

23    population started declining a few decades ago, 

24    we experienced a housing surplus.  Our response, 

25    which was state-funded, was to demolish thousands 


                                                               3095

 1    and thousands of homes over the last 20 years.  

 2    And boy, would we like those units back now.

 3                 The program will cover construction 

 4    costs for new houses on those lots, and it will 

 5    subsidize the sales of the new homes to low- and 

 6    moderate-income residents, people who live in 

 7    those neighborhoods.  

 8                 The increased subsidy on those homes 

 9    will help another problem upstate cities face, 

10    and that's a declining tax base.  So infill isn't 

11    just a housing solution, it's building 

12    infrastructure to help create stability in these 

13    cities' budgets for a long time.  So we're 

14    viewing this as a holistic program that will add 

15    a lot of benefits.  

16                 The additional $40 million will help 

17    fund a new grant program to help upstate 

18    landlords fix up vacant rental properties.  

19                 Now, the average landlord in Buffalo 

20    and Binghamton, they're a lot different than the 

21    average landlord in Manhattan.  We're not talking 

22    about billionaires with big portfolios and maybe 

23    a skyscraper or two.  We're talking about a 

24    retired municipal worker who lives in a 

25    two-family house, raised her kids in that double, 


                                                               3096

 1    but now she's a widow who can't afford to fix the 

 2    furnace in the upstairs apartment, so it stays 

 3    vacant.  

 4                 This is the first time we've ever 

 5    created a program for this type of landlord.  But 

 6    the benefits really go to the tenants.  The 

 7    program will bring thousands of rental units back 

 8    on the market, will help bring rental costs down.  

 9    In exchange, the landlords will keep the rents 

10    affordable for 10 years.

11                 And on top of those two programs, 

12    we're putting $10 million into an eviction 

13    program for upstate New York.  

14                 We've been struggling for several 

15    years to come up with a comprehensive statewide 

16    policy for housing, and I believe with the 

17    addition of these policies, we have reached a 

18    comprehensive plan.  

19                 I'll make a special thanks to 

20    Senator Kavanagh, chair of the Housing Committee, 

21    for his help in getting this done.  He came to 

22    Buffalo in January.  He saw our housing struggles 

23    firsthand.  And in the months since, he's been 

24    involved in meetings with land banks and legal 

25    services providers.  


                                                               3097

 1                 And of course I want to thank our 

 2    leader, Andrea Stewart-Cousins, for understanding 

 3    how important it is for us to pass housing 

 4    solutions for every part of the state.

 5                 I vote in the affirmative.

 6                 ACTING PRESIDENT COONEY:   Senator 

 7    Ryan to be recorded in the affirmative.

 8                 Senator Kavanagh to explain his 

 9    vote.

10                 SENATOR KAVANAGH:   Thank you, 

11    Mr. President.  

12                 We've heard much from me on this 

13    bill already, but I just wanted to highlight.  

14    You know, we face in New York a series of 

15    intersecting crises on housing.  It's a crisis of 

16    homelessness, it's a crisis of evictions, it's a 

17    crisis of unaffordability and inadequate housing 

18    supply.  

19                 The Senate Majority, under the 

20    leadership of Andrea Stewart-Cousins, and our 

21    colleagues on the Housing Committee and other 

22    committees as well put forth a truly broad 

23    package of legislative and budgetary approaches 

24    to this that really are an attempt to use all the 

25    tools available to us.


                                                               3098

 1                 So we've had -- we have proposals 

 2    that I think we'll be discussing later to protect 

 3    tenants with new rights and with legal services, 

 4    to protect homeowners through the Homeowner 

 5    Protection Program as well as deed theft 

 6    restrictions, and of course through tax breaks 

 7    that, contrary to some of the assertions by my 

 8    colleagues on the other side of the aisle today, 

 9    are a very common way that the public subsidizes 

10    all kinds of housing.  The current five-year plan 

11    for housing in New York is a $25 billion 

12    expenditure in tax breaks as well as direct 

13    subsidies.  

14                 So we have realized over a long 

15    period that it is important to subsidize all 

16    kinds of housing, including our public housing, 

17    but also including housing run by private 

18    organizations, and everything in between.

19                 This capital bill that we are 

20    putting forth today, although we have not 

21    succeeded by all measures, is a very big step 

22    forward.  It represents a big investment in one 

23    portion of our four-part approach here by 

24    investing over a billion dollars to support new 

25    housing construction and renovation, including 


                                                               3099

 1    $760 million in capital programs administered by 

 2    HCR, our housing agency, and an additional 

 3    $250 million to prepare nonresidential state 

 4    property for construction of new housing through 

 5    a program called RUSH.  And I will spare people 

 6    references to the Canadian rock band that I 

 7    listened to in the eighties.  

 8                 Over half of that billion-dollar 

 9    investment is dedicated to the preserving and 

10    improving conditions in housing we already have.  

11    That includes $250 million in capital 

12    expenditures on public housing, as we've 

13    discussed; $80 million to support our 

14    Mitchell-Lama housing; and $40 million for the 

15    exciting new program that Senator Ryan has 

16    spearheaded and just discussed.  

17                 We're also making a new commitment 

18    to state-funded development of new housing.  We 

19    put forth in our one-house resolution something 

20    that we informally called Mitchell-Lama 2.0, to 

21    create a new authority to build affordable 

22    housing.  Working with the Assembly and the 

23    Governor's office, we're enacting today the 

24    Housing for the Future program and allocating 

25    $150 million to get the program started, equally 


                                                               3100

 1    split between rental units and new homeownership 

 2    opportunities.  

 3                 We're also funding -- again, thanks 

 4    to Senator Ryan -- a new program to ensure that 

 5    we are filling in vacant lots in our cities to 

 6    make sure we have that housing and also that our 

 7    neighborhoods are more vibrant.  

 8                 And we're recommitting to the Small 

 9    Rental Development Program -- again, an 

10    initiative of Senator Hinchey -- to ensure that 

11    small towns and villages have housing that is the 

12    right scale for them.

13                 Overall, as I said earlier, public 

14    capital investment is not our sole tool, but it 

15    is a major tool that is necessary if we're going 

16    to get out of this housing crisis.  And I'm very 

17    proud of the work we're doing in this budget to 

18    get that done.  

19                 Thank you.  And with that, I vote 

20    aye.

21                 ACTING PRESIDENT COONEY:   Senator 

22    Kavanagh to be recorded in the affirmative.

23                 Senator Oberacker to explain his 

24    vote.

25                 SENATOR OBERACKER:   Thank you, 


                                                               3101

 1    Mr. President.

 2                 You know, as a former town 

 3    supervisor who has put together municipal 

 4    budgets; as a former chair of Otsego County 

 5    Department of Public Works, I've put together 

 6    budgets; I was on the budget committee for 

 7    Otsego County.  

 8                 I have to say that being the ranking 

 9    member on Transportation, I'm more than dismayed 

10    at this budget.  Yes, we've restored the funding 

11    to our CHIPS, but restoring is going back.  We're 

12    looking at increased, of course, costs across the 

13    line for all materials.  Our highway supers have 

14    not been able to go out and bid out stone and do 

15    all the bidding process for the materials that 

16    they need to resurface these roads, so they're 

17    going to be behind.  

18                 And I must say the conditions of the 

19    roads in the seven counties that I represent in 

20    upstate New York do have some challenges.  And if 

21    there's a -- if there's an effort, if there's a 

22    movement afoot or if there's a philosophy out 

23    there that we're not going to fund the roads so 

24    that the condition is terrible and maybe that 

25    will stop the outward migration of people from 


                                                               3102

 1    upstate New York, let me in on it.  I guess I 

 2    could try to understand it, I would try to 

 3    talk -- out of it.  

 4                 But at the end of the day, this 

 5    falls short.  It does not meet expectation, as I 

 6    would say in my business.  I will be voting in 

 7    the negative.  

 8                 But on the positive side, what I'd 

 9    like to do is to extend a warm -- not welcome, 

10    but a warm invite for any of my colleagues from 

11    across the aisle who would want to travel with 

12    one of the most dynamic upstate Senators and 

13    travel my distance on those roads to get a 

14    firsthand, a firsthand education on them.  I will 

15    be more than happy, more than happy to extend 

16    that, and to Mr. President, to yourself as well, 

17    the extension.  Would love to have you travel 

18    with me.  

19                 With that, unfortunately, I will be 

20    voting in the negative in this case.  Thank you.

21                 ACTING PRESIDENT COONEY:   Senator 

22    Oberacker to be recorded in the negative.

23                 Senator Webb to explain her vote.

24                 SENATOR WEBB:   Well, okay, 

25    following up after Senator Oberacker from upstate 


                                                               3103

 1    New York.  

 2                 I want to thank you, Mr. President, 

 3    and of course Senate Majority Leader Andrea 

 4    Stewart-Cousins for her leadership on this aspect 

 5    of the budget as well, and of course all of my 

 6    colleagues.

 7                 So I also am in upstate New York.  I 

 8    have some great things that are most certainly 

 9    reflected in this budget.  I am pleased that the 

10    final budget includes $19.5 million for the 

11    expansion of the New York State Veterinary 

12    Diagnostic Laboratory and the Animal Health 

13    Diagnostic Center at Cornell University.  This 

14    funding is critical to support the research and 

15    testing that is performed at this institution; 

16    that includes testing for things such as bird 

17    flu.  

18                 This facility plays a crucial role 

19    not only in safeguarding public health and 

20    protecting animal welfare and mitigating the 

21    economic impact of outbreaks on agriculture, but 

22    also food security.

23                 Also in this budget I was pleased to 

24    see that although we need to do more, that we are 

25    continuing to fulfill our commitment to the 


                                                               3104

 1    environment.  And I am proud that this budget 

 2    includes 400 million for the Environmental 

 3    Protection Fund and fully restores clean water 

 4    funding at $500 million, a level to make sure we 

 5    can restore critical water infrastructure.  And I 

 6    want to thank the entire Senate team that was 

 7    involved in that -- Malik, everyone.  

 8                 And also in the area of 

 9    infrastructure.  Now, me and Senator Oberacker do 

10    have some overlap in our districts, and so of 

11    course roads are an important piece.  And so with 

12    this budget we will actually see 34 million to 

13    fix roads throughout the communities I represent, 

14    along with other important infrastructure needs, 

15    including funding for our libraries.  

16                 So again, I want to thank all of our 

17    colleagues.  I proudly vote aye.

18                 Thank you.

19                 ACTING PRESIDENT COONEY:   Senator 

20    Webb to be recorded in the affirmative.

21                 Senator Krueger to close.

22                 SENATOR KRUEGER:   Thank you very 

23    much, Mr. President.  

24                 You know, we didn't get to go over 

25    lots of things that are in this capital budget.  


                                                               3105

 1    But I want to let everybody know we were able to 

 2    add $2 billion for capital projects throughout 

 3    the agencies of this state.  And that translates 

 4    into an enormous number of new jobs, because 

 5    capital money means jobs.  And as you've heard, 

 6    these capital projects will be spread all over 

 7    the state.  

 8                 Again, my colleague Senator Kavanagh 

 9    did an excellent job discussing really mostly 

10    just one of the programs, public housing.  But we 

11    put $585 million into housing capital.  

12                 We put 444 million into education 

13    and higher ed capital, including more money for 

14    SUNY hospitals, SUNY capital, CUNY capital, the 

15    4201 schools, NYSCA, various diagnostic labs, 

16    parks.  We put $250 million back in for the clean 

17    water projects we need in this state.  And we 

18    put, despite the concerns about not enough, 

19    $164 million in capital for transportation.

20                 I am incredibly pleased with how 

21    this worked out, Mr. President, because without 

22    us fighting for all of these things they would 

23    have not been in the budget.  They were not in 

24    the Governor's Executive Budget.  

25                 And just because there was some 


                                                               3106

 1    confusion, I think, over the discussion of how 

 2    much money we're being asked to invest in public 

 3    housing, for the record -- and the question was 

 4    asked, why is there no money, why doesn't there 

 5    seem to be enough money to keep public housing 

 6    going.  Surely they pay rents.  And the answer, 

 7    Senator Martins, is yes, they pay 30 percent.  

 8                 So I looked up what the average rent 

 9    is in New York City public housing, and it's $555 

10    a month.  But the average rent in rent-regulated 

11    housing, which you were raising as an example, is 

12    three times that.  So if you're a private 

13    landlord in a rent-regulated system, your average 

14    rent is three times what public housing gets 

15    per month.  

16                 And public housing is 

17    disproportionately quite old in the City of 

18    New York, because we haven't been building it in 

19    decades and decades and decades.  And in fact, 

20    market rate is about $2,000 a month average, and 

21    we put more tax expenditure money through 

22    421-a -- I believe we will do it in 485, which is 

23    also going to be passed tonight.  We put like a 

24    million dollars into subsidized housing that 

25    isn't even going to be affordable.  


                                                               3107

 1                 So these numbers might shock 

 2    everybody, but they are not inconsistent between 

 3    what we spend subsidizing new, often not 

 4    affordable housing and the amount of money we 

 5    need to help assure that we don't lose our 

 6    affordable public housing, as much trouble as it 

 7    may be.  And we agree, it is, because it has been 

 8    underfunded and ignored for too many decades.  

 9                 But I will just challenge my 

10    colleagues to answer the question -- not 

11    tonight -- if you don't want us to continue to 

12    invest and help save public housing, in New York 

13    City we've got 600,000 people there.  Who wants 

14    to take them home?  I don't.  I bet none of us 

15    really want to take 600,000 people home.  Plus we 

16    have 100,000 already homeless who have been 

17    priced out of housing in the City of New York.  

18                 So none of these models are perfect, 

19    and we can have frustrations with all of them.  

20    But I want to thank Andrea Stewart-Cousins and my 

21    colleagues for getting us through particularly 

22    this bill and this money in the capital budget 

23    tonight.  And I certainly urge everyone to vote 

24    yes.

25                 Thank you, Mr. President.


                                                               3108

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Krueger to be recorded in the affirmative.

 3                 Announce the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 844, those Senators voting in the 

 6    negative are Senators Borrello, Griffo, Helming, 

 7    Lanza, Oberacker, O'Mara, Ortt, Stec and Tedisco.

 8                 Ayes, 51.  Nays, 9.

 9                 ACTING PRESIDENT COONEY:   The bill 

10    is passed.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Mr. President, 

13    we're going to jump a little bit out of order.  

14    Can we remove the lay-aside on Calendar 847 and 

15    take that up as a noncontroversial bill.

16                 ACTING PRESIDENT COONEY:   The 

17    Secretary will read.

18                 THE SECRETARY:   Calendar Number 

19    847, Senate Print 8301A, Senate Budget Bill, an 

20    act making appropriations for the support of 

21    government.

22                 ACTING PRESIDENT COONEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 5.  This 

25    act shall take effect immediately.  


                                                               3109

 1                 ACTING PRESIDENT COONEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT COONEY:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar 847, those Senators voting in the 

 8    negative are Senators Borrello, Griffo, Lanza, 

 9    Oberacker, O'Mara, Ortt and Stec.

10                 Ayes, 53.  Nays, 7.

11                 ACTING PRESIDENT COONEY:   The bill 

12    is passed.

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   Thank you, 

15    Mr. President.  Now let's get back to the 

16    controversial calendar and take up the remaining 

17    bill on that calendar, Calendar 846.

18                 ACTING PRESIDENT COONEY:   The 

19    Secretary will read.

20                 THE SECRETARY:   Calendar Number 

21    846, Senate Print 8303D, Senate Budget Bill, an 

22    act making appropriations for the support of 

23    government.

24                 ACTING PRESIDENT COONEY:   Senator 

25    Lanza, why do you rise?


                                                               3110

 1                 SENATOR LANZA:   Mr. President, I 

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

 3    waive the reading of that amendment and ask that 

 4    you recognize Senator Weber.

 5                 ACTING PRESIDENT COONEY:   Thank 

 6    you, Senator Lanza.  

 7                 Upon review of the amendment, in 

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

 9    nongermane and out of order at this time.

10                 SENATOR LANZA:   Mr. President, 

11    accordingly, I appeal the ruling of the chair and 

12    ask that Senator Weber be heard on that appeal.

13                 ACTING PRESIDENT COONEY:   The 

14    appeal has been made and recognized, and 

15    Senator Weber may be heard.

16                 SENATOR WEBER:   Thank you, 

17    Mr. President.  I rise to appeal the ruling of 

18    the chair, as the proposed amendment is germane 

19    to the bill at hand because it strikes an actual 

20    lined-out item of the budget, the 2.4 billion for 

21    migrants that has been allocated to our State 

22    Budget for fiscal year '25.  This amendment could 

23    not be any more germane.  

24                 As we continue to pass the State 

25    Budget, I become more and more concerned about 


                                                               3111

 1    New York's fiscal trajectory.  Exorbitant taxes, 

 2    and now the redirection of funds from essential 

 3    areas to accommodate New York City's and New York 

 4    State's sanctuary city and sanctuary state 

 5    status, are alarming trends that demand our 

 6    immediate attention and correction.

 7                 There are so many other worthy 

 8    things where this money should go to:  Providing 

 9    more school aid to our school districts; 

10    providing COLAs to our healthcare workers, and 

11    other wages; providing property tax relief 

12    checks; increasing the child tax credit; 

13    supporting our stressed hospitals; and so on.

14                 Until these are fully funded, we 

15    should not be spending any more money, especially 

16    this $2.4 billion on New York City and New York 

17    State sanctuary status funding.

18                 For these reasons, Mr. President, I 

19    strongly urge you to reconsider your ruling, as 

20    this is very germane to the bill at hand right 

21    now.  Thank you.

22                 ACTING PRESIDENT COONEY:   Thank 

23    you, Senator Weber.

24                 I want to remind the house that the 

25    vote is on the procedures of the house and the 


                                                               3112

 1    ruling of the chair.  

 2                 Those in favor of overruling the 

 3    chair, signify by saying aye.

 4                 (Response of "Aye.")

 5                 SENATOR LANZA:   Show of hands.

 6                 ACTING PRESIDENT COONEY:   A show of 

 7    hands has been requested and so ordered.  

 8                 Announce the results.

 9                 THE SECRETARY:   Ayes, 19.

10                 ACTING PRESIDENT COONEY:   The 

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

12    is before the house.

13                 Senator Murray, why do you rise?

14                 SENATOR MURRAY:   Mr. President, 

15    would the sponsor yield for questions regarding 

16    the issue of funding for the migrant issue.

17                 ACTING PRESIDENT COONEY:   Will the 

18    sponsor yield? 

19                 SENATOR KRUEGER:   Yes.

20                 ACTING PRESIDENT COONEY:   The 

21    sponsor yields.

22                 SENATOR MURRAY:   Thank you very 

23    much.  

24                 Senator, the amount I believe that's 

25    in this particular budget is 2.4 billion for the 


                                                               3113

 1    migrant issue, is that correct?  

 2                 SENATOR KRUEGER:   Correct.

 3                 SENATOR MURRAY:   Would the Senator 

 4    continue to yield.

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT COONEY:   Will the 

 7    sponsor yield? 

 8                 The sponsor yields.

 9                 SENATOR MURRAY:   Thank you.  

10                 And how much did the state spend 

11    last year?

12                 (Pause.)

13                 SENATOR KRUEGER:   713 million.

14                 SENATOR MURRAY:   Would the sponsor 

15    continue to yield.

16                 ACTING PRESIDENT COONEY:   Does the 

17    sponsor yield? 

18                 SENATOR KRUEGER:   Yes.

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.

21                 SENATOR MURRAY:   And where did that 

22    money come from?  Was that federal money, or was 

23    that state money?  

24                 SENATOR KRUEGER:   I believe that's 

25    the state share.


                                                               3114

 1                 SENATOR MURRAY:   State taxpayers.

 2                 SENATOR KRUEGER:   Yes.  There were 

 3    other federal funds made available, but that's 

 4    just the state share.

 5                 SENATOR MURRAY:   Would the sponsor 

 6    continue to yield.

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 SENATOR KRUEGER:   Yes.

10                 ACTING PRESIDENT COONEY:   The 

11    sponsor yields.  

12                 SENATOR MURRAY:   Is there anything 

13    in this bill requiring New York City or New York 

14    State to rescind their sanctuary city and/or 

15    sanctuary state status?

16                 SENATOR KRUEGER:   No.

17                 SENATOR MURRAY:   Okay.  Would the 

18    sponsor continue to yield.

19                 ACTING PRESIDENT COONEY:   Will the 

20    sponsor yield?

21                 SENATOR KRUEGER:   Yes.

22                 ACTING PRESIDENT COONEY:   The 

23    sponsor yields.

24                 SENATOR MURRAY:   Thank you.

25                 Now, does this money go towards -- I 


                                                               3115

 1    understand there's a program in the city that 

 2    they give out either prepaid -- I don't know if 

 3    you'd call it credit cards, gift cards, debit 

 4    cards.  But does this money go towards helping to 

 5    pay for those cards that are being given out to 

 6    the migrants?  

 7                 SENATOR KRUEGER:   I know that was 

 8    proposed, but I don't even think that program 

 9    exists at the moment.  

10                 But this funding is specifically 

11    laid out to do the following:  

12                 1.1 billion for New York City 

13    reimbursement for services and assistance, 

14    including the shelter costs; 

15                 870 million for costs associated 

16    with some exceptionally large facilities -- 

17    Randalls Island, Creedmoor Psychiatric Center, 

18    and Floyd Bennett Field; 

19                 134 million for safety-net 

20    assistance to eligible individuals; 

21                 10 million for asylum seeker 

22    resettlement; 

23                 262 million to pay the 

24    National Guard, who of course is helping; 

25                 177 million for healthcare expenses 


                                                               3116

 1    and disease testing; 

 2                 And 116 million for legal services, 

 3    case management and related purposes.

 4                 SENATOR MURRAY:   Will the sponsor 

 5    continue to yield.

 6                 ACTING PRESIDENT COONEY:   Will the 

 7    sponsor yield?

 8                 SENATOR KRUEGER:   Yes.

 9                 ACTING PRESIDENT COONEY:   The 

10    sponsor yields.

11                 SENATOR MURRAY:   Thank you for that 

12    detailed explanation, because it kind of went 

13    towards the next question, which was:  Does any 

14    of the $2.4 billion go to our school districts to 

15    help offset the cost for the increased student 

16    population?  

17                 Some of the families are bringing 

18    with them children.  They are then being 

19    dispersed not just in the city but throughout the 

20    state.  Many school districts are getting many of 

21    these children.  Does any of that money go to 

22    offset those costs?  

23                 SENATOR KRUEGER:   No.  Schools are 

24    paid for through school aid funds.  

25                 And yes, there has been additional 


                                                               3117

 1    school funding available to districts that have a 

 2    disproportionately large number of migrant 

 3    children.  And that's been true for many years.  

 4    There have been cycles.  

 5                 Just, you know, for the record, we 

 6    are a state of migrants.  We've always been a 

 7    state of migrants.  That's the whole history of 

 8    the state.  So there might be a larger number at 

 9    the moment, but it's certainly not a new 

10    phenomenon or a phenomenon that we can't be 

11    prepared for in this state.

12                 SENATOR MURRAY:   Will the Senator 

13    continue to yield.

14                 ACTING PRESIDENT COONEY:   Does the 

15    sponsor yield? 

16                 SENATOR KRUEGER:   Yes.

17                 ACTING PRESIDENT COONEY:   The 

18    sponsor yields.

19                 SENATOR MURRAY:   And for the 

20    record, I think we're a country of migrants.  

21    But -- yes, we're a state of migrants.  But 

22    there's a legal and an illegal way to go about 

23    it.  And I think that some are not necessarily 

24    following the legal route, which is causing some 

25    of the problems that we're having now.


                                                               3118

 1                 But in the language of the bill 

 2    where it lays out the funding, I noticed one 

 3    little section, and it says "to provide 

 4    short-term services."  How long is "short term"?  

 5    Is there a definition for "short term"?

 6                 SENATOR KRUEGER:   We don't think 

 7    there's a legal definition of a specific time 

 8    frame.  The city has implemented a variety of 

 9    time frames for shelter services for migrants, 

10    depending upon families or singles.  

11                 But I don't believe we have chosen 

12    to define it any more clearly than just 

13    "short term."

14                 SENATOR MURRAY:   Will the sponsor 

15    continue to yield.  

16                 ACTING PRESIDENT COONEY:   Will the 

17    sponsor continue to yield?

18                 SENATOR KRUEGER:   I will.  

19                 I just want to make a correction -- 

20    not for myself, but my colleague referenced that 

21    these aren't legal people.  But actually they're 

22    asylees.  So we don't actually know whether they 

23    have legal status until that process is 

24    completed.  So they're migrants, and they're 

25    here, but they're not technically illegal, just 


                                                               3119

 1    for the record.  

 2                 Thank you, Mr. President.

 3                 ACTING PRESIDENT COONEY:   The 

 4    sponsor yields.

 5                 SENATOR MURRAY:   And for the 

 6    record, I didn't say illegal people.  What I said 

 7    was there's a legal way to go about it and an 

 8    illegal way to go about it.  Some are not going 

 9    about it the legal way.  But we could have that 

10    argument down the road or longer.  

11                 But as far as the short term -- back 

12    to that -- is there any kind of a cutoff time 

13    frame?  Has anyone said, I'm sorry, you've used 

14    up your allotted amount?  Has the city cut anyone 

15    off as far as funding?

16                 SENATOR KRUEGER:   So there's no, 

17    again, definition in this bill.  But the city has 

18    done cutoffs for the length of time you can get 

19    housing assistance.  

20                 And we certainly know that there are 

21    people who have moved into the city and taken -- 

22    been able to use these services and then stopped 

23    already or even have left already.  So there's 

24    a -- there there's a cyclic pattern, is that the 

25    right word, Mr. President?  I think it is.  A 


                                                               3120

 1    cyclic pattern.  

 2                 So some people move through more 

 3    quickly, and some people move through more 

 4    slowly, yes.

 5                 SENATOR MURRAY:   Thank you, 

 6    Senator.  

 7                 On the bill, please.  

 8                 ACTING PRESIDENT COONEY:   Senator 

 9    Murray on the bill.

10                 SENATOR MURRAY:   Thank you, 

11    Senator Krueger.

12                 So the reason I've asked many of 

13    these questions is because I hear it on a daily 

14    basis.  You know, I do find it ironic -- and let 

15    me also back up for a second.  

16                 As far as the issue of the 

17    gift cards or prepaid debit cards or whatever, I 

18    do believe the program has been started.  My 

19    understanding is it is.  And this funding goes to 

20    offset programs such as that and others, as was 

21    spelled out.

22                 But I've had people, and they'll ask 

23    me on a daily basis, constituents, you know, 

24    what -- do we get something like this?  Do we get 

25    debit cards?  


                                                               3121

 1                 What about our homeless veterans?  I 

 2    find it ironic that the very people that will 

 3    stand up and volunteer, the men and women who 

 4    will raise their hand and say I will put myself 

 5    in harm's way to protect the freedoms and the 

 6    rights that this nation has that makes us the 

 7    greatest nation in the world, that makes us the 

 8    destination where so many want to come -- they 

 9    don't get this help.  They get turned away.  

10                 We have veterans that need help, 

11    whether it's they're homeless, whether they're 

12    hungry, whether they need training or psychiatric 

13    help or any kind of help.  They don't get this 

14    kind of help.  

15                 You know, we -- last year in the 

16    budget we had the Healthy Meals for All, Healthy 

17    School Meals for All.  And we came up $90 million 

18    short.  So there are children today in New York 

19    State that are still going hungry because we 

20    couldn't come up with that $90 million extra to 

21    make sure every one of them was fed.

22                 There was also our school district 

23    funding.  Many school districts wanted a 

24    3 percent increase.  That would have totaled 

25    about $280 million.  We couldn't find that 


                                                               3122

 1    funding this year, and that will come up a little 

 2    later.  But we couldn't find that funding.

 3                 My good friend Senator Oberacker 

 4    brought up the CHIPS funding and the highway 

 5    superintendents.  They were begging for an 

 6    increase.  Just give us 100 million more.  We 

 7    managed to get the 60 million back that the 

 8    Governor tried to take away, to get us to level 

 9    funding from last year.  But they wanted 

10    100 million more to fill the potholes, to fix the 

11    roads, to fix our infrastructure.  Couldn't come 

12    up with it.  

13                 But we come up with $2.4 billion.  

14    You know, it's been said that budgeting is about 

15    priorities.  And there were others on the other 

16    side of the aisle earlier today that said, you 

17    know, you want to spend this and then you yell at 

18    us for spending too much.  No, it's not about 

19    whether we're spending too much or too little or 

20    too -- it's where we're spending it, how we're 

21    spending it, where our priorities are.  

22                 We have too many people saying, What 

23    about us?  Where's our help?  Senior citizens on 

24    a fixed income trying to figure out, am I going 

25    to get food or my medication or can I pay my 


                                                               3123

 1    mortgage and my taxes to keep a roof over my 

 2    head?  They're struggling, and they say:  Where's 

 3    our help?  

 4                 So it's about priorities.  And I 

 5    think when it comes to this issue, this 

 6    $2.4 billion, I think we've got that priority 

 7    wrong.  And that's why I'll be voting no on this.

 8                 Thank you.

 9                 ACTING PRESIDENT COONEY:   Thank 

10    you, Senator Murray.

11                 Senator Martins, why do you rise?

12                 SENATOR MARTINS:   Mr. President, if 

13    the sponsor would yield for a couple of 

14    questions.

15                 ACTING PRESIDENT COONEY:   Will the 

16    sponsor yield?  

17                 SENATOR KRUEGER:   Yes, sir.

18                 ACTING PRESIDENT COONEY:   The 

19    sponsor yields.

20                 SENATOR MARTINS:   Senator, a couple 

21    of moments ago you mentioned status of people 

22    qualified to receive funding for the $2.4 billion 

23    that's been laid aside in the OTDA budget for 

24    migrants.  So I'm going to ask a couple of 

25    questions about process.  


                                                               3124

 1                 What are the qualifications 

 2    entitling somebody to receive funding or portions 

 3    of those funds that are being allocated?  What 

 4    qualifies someone here in New York to receive 

 5    portions of those funds?

 6                 SENATOR KRUEGER:   If you are 

 7    homeless, you are eligible for homeless services.  

 8                 If you have health problems, you're 

 9    eligible for health services.  Emergency rooms 

10    can't turn you down.  I mean, ironically, if 

11    people don't have access to health insurance, we 

12    all pay a lot more, because they get sick and we 

13    have public health crises.  

14                 Safety-net assistance is -- some 

15    people may be eligible for.  You're familiar with 

16    the safety-net program.  So some people may be 

17    eligible for safety-net assistance.  

18                 Other benefits are -- you're not 

19    eligible for SNAP benefits.  Although I think 

20    when Senator Murray was asking me about some kind 

21    of credit card system, I think the intention was 

22    to make some cash for food and other personal 

23    care items available through a credit card system 

24    as a -- or a debit card, I suppose, is a better 

25    model, because it would be the easiest and 


                                                               3125

 1    simplest to track.  But I don't think it's gone 

 2    beyond the pilot level.  

 3                 I'm not sure what other services 

 4    we're talking about here.

 5                 SENATOR MARTINS:   Mr. President, 

 6    through you, if the sponsor would yield --

 7                 SENATOR KRUEGER:   Oh, I'm sorry, 

 8    legal services to help -- I'm so sorry.  Legal 

 9    services to help you file your paperwork.  

10                 Because of course we know that as 

11    asylees, if they can get federal working 

12    papers -- and the federal government, for 

13    example, already said that we can shorten the 

14    time frame for Venezuelans to be able to get 

15    access to working papers.  So we are assisting 

16    with legal representation and assistance for 

17    people to file their paperwork with the federal 

18    government.  

19                 Because when you talk about 

20    timelines, which I think was Senator Murray's 

21    question, the faster we can get people into jobs, 

22    the quicker we won't need to cover any costs for 

23    them.  Because that is the history of migrants in 

24    New York.  You come here, you find jobs, you 

25    stabilize yourself, you become taxpayers.


                                                               3126

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Krueger, will you continue to yield?  

 3                 SENATOR KRUEGER:   Yes, of course.

 4                 ACTING PRESIDENT COONEY:   Senator 

 5    Krueger yields.  

 6                 SENATOR MARTINS:   Thank you, 

 7    Mr. President.

 8                 Senator, I didn't ask that.  And I 

 9    appreciate -- I appreciate -- I appreciate the 

10    answer that you did give me, and we can address 

11    that in a bit.

12                 I was asking how do they qualify.  I 

13    mean, there are a lot of questions certainly for 

14    people in this chamber, I am sure around New York 

15    State.  You know, do they come across the border, 

16    come up to New York, show up and say I'm here, 

17    I'm entitled to benefits?  Do they fly into JFK, 

18    La Guardia or Newark, come into New York City and 

19    say, I'm here, I'm entitled to benefits?  Do they 

20    come across the northern border from Canada and 

21    make their way down to New York City, I'm here, 

22    I'm entitled to benefits?  Is there a time frame 

23    within which we require them to show that they've 

24    been here?  Can they be here five minutes and ask 

25    for benefits?  Do they have to be here for any 


                                                               3127

 1    period of time?  Do they have to show some level 

 2    of residency?  

 3                 I'm asking for clarity because 

 4    $2.4 billion, Senator, I'm sure you'd agree with 

 5    me, is a lot of money.  And in the context of 

 6    $2.4 billion and some of the expenses that we 

 7    have back home -- and I can list them for you, 

 8    but -- you know what, I will.  Whether it's our 

 9    school districts that need funding, whether it's 

10    schoolchildren in our schools that we were trying 

11    to get funding for free lunches for them 

12    throughout the state.  You know, there are 

13    priorities that we've set for ourselves when we 

14    determine whether or not to spend $2.4 billion.  

15                 So I'm going to ask, what does the 

16    person who shows up here have to show to 

17    establish residency and entitlement to get those 

18    monies?

19                 SENATOR KRUEGER:   So the city has 

20    an intake system, so they interview, they ask for 

21    documentation, they cover questions, they do try 

22    to find out do they have other family here, are 

23    there other locations in the country they would 

24    like to go to.  

25                 Many of these people, as you pointed 


                                                               3128

 1    out, came from lots of different places.  Some 

 2    came from other states where they might have been 

 3    for an extended period of time.  Some come across 

 4    the southern border, some come across the 

 5    northern border.  Some fly into our airports.  

 6    Some take buses provided for them by Southern 

 7    governors, much to our chagrin.  And when they 

 8    come here, if they're applying for any kind of 

 9    benefits -- as has always been the case, it's not 

10    a new phenomenon -- there's an intake system.  

11                 In the City of New York they've set 

12    up a couple of different intake sites.  The 

13    biggest one is in my district a couple of blocks 

14    from my office, at the old Roosevelt Hotel.  It's 

15    a very impressive process for intake and tracking 

16    and trying to make sure does somebody seem to be 

17    sick, do we need to address that, do they not 

18    have medicines.  Do they have children, do we 

19    need to make sure that we're taking care of those 

20    children, the children are going to school.  

21                 So there's a pretty thorough intake 

22    system, including what is your status as far our 

23    being able to help you get any of the paperwork 

24    you might need, particularly working papers, so 

25    that the possibility of your moving off into the 


                                                               3129

 1    economy as quickly as possible happens.

 2                 So -- and then there are different 

 3    sites for different follow-up purposes.

 4                 SENATOR MARTINS:   Thank you, 

 5    Mr. President.  If the sponsor would continue to 

 6    yield.  

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?  Will the sponsor yield?  

 9                 SENATOR KRUEGER:   Of course I do.  

10    I'm so sorry.

11                 ACTING PRESIDENT COONEY:   The 

12    sponsor yields.

13                 SENATOR KRUEGER:   I'm listening 

14    with one ear and -- yes, I happily answer.  Yes.

15                 SENATOR MARTINS:   Thank you.  Thank 

16    you, Senator.

17                 Again, just for clarity, is there a 

18    time period that a person needs to be here in 

19    order to qualify?  

20                 SENATOR KRUEGER:   No, there is not.

21                 SENATOR MARTINS:   Through you, 

22    Mr. President, if sponsor would continue to 

23    yield.

24                 ACTING PRESIDENT COONEY:   Does the 

25    sponsor yield?


                                                               3130

 1                 SENATOR KRUEGER:   Yes.

 2                 ACTING PRESIDENT COONEY:   The 

 3    sponsor yields.  

 4                 SENATOR MARTINS:   It's my 

 5    understanding that many people who are coming to 

 6    New York and presenting themselves for benefits 

 7    don't have paperwork, do not have credentials, 

 8    they don't have necessarily a digital or a paper 

 9    background.  And they're being perhaps 

10    interviewed.  

11                 If somebody flies into New York, 

12    lands at JFK, gets off the plane, goes into the 

13    city, appears at one of these processing centers, 

14    perhaps the one a couple of blocks away from your 

15    own district office, and presents themselves for 

16    benefits -- and they literally just landed and 

17    the time it took for them there to get there, and 

18    they showed up and said, I'm here, I want to say 

19    stay here.  I'd like to see what kind of benefits 

20    I'm entitled to -- I want housing, I want help 

21    with an education, I want all of the benefits 

22    that the great State of New York, through the 

23    City of New York, is providing.  

24                 Would they be entitled to those 

25    benefits at that point?  


                                                               3131

 1                 SENATOR KRUEGER:   I don't think I 

 2    agree with you that most people show up without 

 3    any paperwork.

 4                 SENATOR MARTINS:   It's 

 5    hypothetical.  I'm just putting an example out 

 6    there.

 7                 SENATOR KRUEGER:   Oh, okay.  Right.

 8                 So I think -- my understanding is 

 9    most people do have some type of documentation, 

10    particularly if they were flying in, obviously, 

11    because they couldn't get through the airport if 

12    they didn't have a passport.

13                 So yes, most people have some level 

14    of paperwork.  But I don't know what percentage.  

15    But yes, as has been the law in New York State -- 

16    I'm trying to think.  The right to housing and 

17    shelter has been since the early '80s, I want to 

18    say, were the lawsuits on that.  So it's the same 

19    system it's been, it's just more people right 

20    now.

21                 SENATOR MARTINS:   Through you, 

22    Mr. President, if the sponsor would continue to 

23    yield.  

24                 ACTING PRESIDENT COONEY:   Will the 

25    sponsor yield? 


                                                               3132

 1                 SENATOR KRUEGER:   Yes.

 2                 ACTING PRESIDENT COONEY:   The 

 3    sponsor yields.

 4                 SENATOR MARTINS:   Thank you, 

 5    Mr. President.  

 6                 You know, I think I heard you say 

 7    that it's a New York State policy, the right to 

 8    housing is a state policy and not a city policy.  

 9    And as far as I'm aware, that right-to-housing 

10    policy is one that is specific to New York City.  

11    And therefore the state's obligation to fund 

12    these programs over time, certainly over the last 

13    couple of years, to the levels that they have, 

14    I'm not aware of it being a state policy.  

15    Perhaps you can clarify.

16                 SENATOR KRUEGER:   No, the original 

17    housing lawsuits on the right to shelter were 

18    actually based on the New York State 

19    Constitution's obligation to care for the needy.  

20    And it was a court case against the city and the 

21    state.  So actually the ruling was that it's -- 

22    the State of New York must provide services for 

23    the homeless.  

24                 Somehow the state sort of got around 

25    ever really getting itself into it.  But the 


                                                               3133

 1    court case was for both the state and the city, 

 2    and the basis of those cases were the 

 3    State Constitution.

 4                 SENATOR MARTINS:   Through you, 

 5    Mr. President, if the sponsor would continue to 

 6    yield.  

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 SENATOR KRUEGER:   I'm sorry, I'm 

10    getting clarification.  New York City is the only 

11    one who's codified in the case law, but that case 

12    law was clearly based on the State Constitution, 

13    of the state and city being sued.

14                 SENATOR MARTINS:   Thank you for 

15    that --

16                 ACTING PRESIDENT COONEY:   Will the 

17    sponsor yield for a question?  

18                 SENATOR KRUEGER:   Of course.

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.

21                 SENATOR MARTINS:   So again, my 

22    question is one of qualifications and status 

23    here, and I think we've covered that.  

24                 As part of this process, is there 

25    any responsibility in that processing center to 


                                                               3134

 1    check for backgrounds of those people who are 

 2    seeking assistance, not only in terms of term of 

 3    stay but also any prior history, criminal history 

 4    and the like?  Since many if not most of them do 

 5    not have a history here in the United States, is 

 6    there an effort to try and get that information 

 7    as well?

 8                 SENATOR KRUEGER:   When they apply 

 9    for asylum, that is a process that is gone 

10    through by the federal asylum process.

11                 SENATOR MARTINS:   Thank you.  

12                 Mr. President, through you, if the 

13    sponsor would continue to yield.

14                 ACTING PRESIDENT COONEY:   Will the 

15    sponsor yield?

16                 SENATOR KRUEGER:   Yes.

17                 ACTING PRESIDENT COONEY:   The 

18    sponsor yields.  

19                 SENATOR MARTINS:   You know, I'm 

20    glad you brought that up, because as I understand 

21    it, the asylum process is a two-step process.  

22    It's a process at the border, and then there's a 

23    secondary process where you have to actually fill 

24    out that paperwork.  

25                 And they are admitted based on the 


                                                               3135

 1    initial process, which is rather quick, and then 

 2    there's a detailed questionnaire that has to be 

 3    filled out within a period of time so that they 

 4    actually can maintain the status that they're 

 5    temporarily given at the border and actually be 

 6    asylum seekers, as opposed to just being people 

 7    who are in this country illegally, using any 

 8    other term.  Because if they don't complete the 

 9    asylum process when they use the asylum process 

10    to get in, I think that's the proper term to use.  

11                 So what I will ask is if they do not 

12    fill out the asylum process and they are not 

13    here, is that a requirement in order for a person 

14    to receive assistance through these processing 

15    centers?

16                 (Pause.)

17                 SENATOR KRUEGER:   We think you're 

18    correct, that if they don't complete the full 

19    paperwork at some point they can be defined as no 

20    longer meeting the standards of being an 

21    applicant for asylum.  That is why we are helping 

22    people to make sure they can get their paperwork 

23    done so that they don't find themselves in that 

24    situation.

25                 But there surely are people who will 


                                                               3136

 1    not be able to complete that in whatever the time 

 2    frames the federal government has set up are.

 3                 SENATOR MARTINS:   Thank you, 

 4    Mr. President.  And thank you, Senator Krueger.

 5                 Mr. President, on the bill.

 6                 ACTING PRESIDENT COONEY:   Senator 

 7    Martins on the bill.

 8                 SENATOR MARTINS:   So, you know, 

 9    that is correct.  You know, there are literally 

10    hundreds of thousands, millions of people who are 

11    coming across the border or coming into this 

12    country -- I won't identify borders, northern 

13    border, southern border, any other means of 

14    entry.  Some from Central America, some from 

15    South America, some from Asia, some from Africa, 

16    some from the Caribbean.  They're coming from all 

17    over the world.  And so, you know, it's important 

18    that we understand what is happening and who's 

19    presenting.  And if there is a process by which 

20    they are entering, that process also in the loop 

21    has to be closed.  I think it's important that it 

22    is.  

23                 You know, I've heard many people say 

24    that people who are presenting themselves here in 

25    New York are here legally.  The statistics I've 


                                                               3137

 1    seen, or at least I've read, are that 90 percent 

 2    of those who do enter the country seeking asylum 

 3    do not complete that paperwork.  Ninety percent.  

 4    The 10 percent that do and do fill out the 

 5    paperwork and do pursue asylum, roughly 

 6    40 percent of those actually get approved, and 

 7    the process is about six or seven years.

 8                 So at this point the taxpayers of 

 9    New York State are being asked to foot the bill 

10    to the tune of billions of dollars every year, 

11    that we're only accounting for that portion which 

12    we're discussing here in this budget.  We're not 

13    discussing the amounts that are being spent by 

14    local governments, by the city government, by the 

15    federal government, but only by New York State 

16    taxpayers.  Because that's what we're here to 

17    take care of.  New York State residents, our 

18    constituents, those people who voted for us or 

19    didn't vote for us but sent us here.

20                 So when we set priorities, 

21    Mr. President, the $2.4 billion, it comes at the 

22    expense of so much more in our own communities.  

23                 Now, we're a generous state.  We've 

24    always been a generous state.  We have very 

25    generous safety-net programs.  And I think you'd 


                                                               3138

 1    be hard-pressed to find people in this room on 

 2    either side of the aisle who aren't supportive of 

 3    those safety-net programs when it comes to 

 4    prioritizing those in our communities that are 

 5    most vulnerable and most in need.

 6                 We can talk about seniors, we can 

 7    talk about those with special needs, we can talk 

 8    about disabled veterans, we can talk about our 

 9    commitment to making sure that we help those most 

10    in need in our local communities.  Without 

11    necessarily inviting everyone to come in and 

12    footing the bill at the expense of perhaps some 

13    of those other programs that are priorities to 

14    us.

15                 You know, we can sit here and list 

16    off, each one of us, what we would do with 

17    $2.4 billion.  But the question I think is -- and 

18    I heard it put this way -- we have the ability to 

19    have the generous safety-net program or we have 

20    the ability to have sanctuary state status and 

21    invite the entire world to come in.  

22                 I think what we've seen here and 

23    we're seeing in New York City is it's impossible 

24    to have both.  And so, again, budgets are about 

25    priorities, deciding where are we going to put 


                                                               3139

 1    those resources.

 2                 Now, I understand, we all understand 

 3    we are a nation of immigrants who came to this 

 4    country seeking a better life.  And I will never 

 5    begrudge anyone the ability and the right to do 

 6    that under the circumstances that are set.  But 

 7    we don't get to make rules and laws for 

 8    ourselves.  We don't get to decide which laws and 

 9    which rules we will follow.  We don't get to 

10    prioritize that group or the other group or some 

11    other group.  We're here to prioritize our great 

12    state.  

13                 And so this is a conundrum.  Where 

14    do you draw the line?  Mr. President, that's 

15    pretty easy for me.  I draw that line where it 

16    comes to supporting my communities in my district 

17    and those people who are most in need in my 

18    district.  We meet with them every day.  The 

19    ability to actually put resources from this state 

20    where they belong -- feed our kids in our 

21    schools, provide resources for our veterans, 

22    allow for our senior citizens to have the 

23    necessary healthcare that they need as they age, 

24    and we want them to age in place and stay in 

25    place.  


                                                               3140

 1                 Those are my priorities.  Support 

 2    our families, make sure we have the best 

 3    education system in this country.  Put those 

 4    resources where they should be:  Educate our 

 5    kids.

 6                 This is creating a rift in our 

 7    communities.  This is creating a rift in our 

 8    state.  We hear it back home.  We all hear it in 

 9    our communities when they ask you, Why are we 

10    spending X on New York City, on this policy that 

11    they created, as opposed to making the priority 

12    our local communities?  Because there are needs 

13    in each and every one of our communities.

14                 So make no mistake, we're being 

15    asked to make a decision when we vote for this 

16    bill.  Mr. President, I'm going to choose to 

17    prioritize those things that are important to my 

18    constituents.  I'm voting no.

19                 Thank you.

20                 ACTING PRESIDENT COONEY:   Thank 

21    you, Senator Martins.

22                 Senator Canzoneri-Fitzpatrick, why 

23    do you rise?  

24                 SENATOR CANZONERI-FITZPATRICK:  

25    Thank you, Mr. President.  I was wondering if the 


                                                               3141

 1    sponsor would yield for a few questions.

 2                 SENATOR KRUEGER:   Yes, ma'am.  

 3    Happy to.

 4                 SENATOR CANZONERI-FITZPATRICK:   And 

 5    thank you, Senator Krueger.  You've been at this 

 6    for a while.  I appreciate your patience.

 7                 SENATOR KRUEGER:   No problem.

 8                 SENATOR CANZONERI-FITZPATRICK:   

 9    We've heard a number of discussions about 

10    $2.4 billion.  But when I'm looking through some 

11    of the sections of the Office of Temporary and 

12    Disability Assistance, I'm seeing some of 

13    categories that seem to be related to refugees -- 

14    $2 million for, you know, enhanced services.  

15    Another 5 million.  Then there's another pot of 

16    non-citizen assistance services and assistance to 

17    noncitizens who have qualified before a certain 

18    date, and that pot is 5 million.  And then I see 

19    25 million for the resettlement of migrants and 

20    asylum seekers as well as 122 million for 

21    Floyd Bennett Field.  And that's all in addition 

22    in to the $2.4 billion.  

23                 So my math, if I add that all up, it 

24    gets to 2.5 billion and change.  And I'm 

25    wondering if you could tell me if those 


                                                               3142

 1    categories are also allocated to treating what we 

 2    were all referring to as the migrant crisis in 

 3    New York City.

 4                 (Pause.)

 5                 SENATOR KRUEGER:   Okay, just 

 6    double-checking.  So a number of those lines that 

 7    you're referencing are programs we've had for 

 8    different categories, including refugees, for 

 9    quite a few years.  So that's not new specific to 

10    the asylees per se.  

11                 The 122 million for Floyd Bennett 

12    Field I believe also was from last year and was, 

13    I think, mostly for capital improvements in 

14    Floyd Bennett Field in a deal with the federal 

15    government.  So that also came out of last year's 

16    money, not the 2.4 for this year.

17                 SENATOR CANZONERI-FITZPATRICK:   

18    Will the sponsor continue to yield.  

19                 ACTING PRESIDENT COONEY:   Will the 

20    sponsor yield? 

21                 SENATOR KRUEGER:   Yes.

22                 ACTING PRESIDENT COONEY:   The 

23    sponsor yields.

24                 SENATOR CANZONERI-FITZPATRICK:   So 

25    Senator Krueger, are you saying that the 


                                                               3143

 1    122 million for Floyd Bennett Field, that wasn't 

 2    spent?  Or it was spent and this is more 

 3    improvements that we need to make?  

 4                 SENATOR KRUEGER:   So it was 

 5    intended to be in last year's budget, but it 

 6    didn't go -- it wasn't effective till last 

 7    September.  So it's still in process.  So you see 

 8    it showing up here, you know, because a lot of it 

 9    was capital and you never finish capital in 

10    10 minutes.

11                 SENATOR CANZONERI-FITZPATRICK: 

12    Through you, Mr. President, will the sponsor 

13    continue to yield.

14                 ACTING PRESIDENT COONEY:   Will the 

15    sponsor yield?

16                 SENATOR KRUEGER:   Yes.

17                 ACTING PRESIDENT COONEY:   The 

18    sponsor yields.

19                 SENATOR CANZONERI-FITZPATRICK:   So 

20    what exactly is this 122 million at Floyd Bennett 

21    Field going to be spent on?

22                 SENATOR KRUEGER:   So my 

23    understanding is it was for infrastructure to 

24    make it livable, because there was major flooding 

25    problems so there was water issues.  Then they 


                                                               3144

 1    also had to put in facilities where people would 

 2    be staying -- tents, buildings, bathrooms, other 

 3    facilities.  

 4                 So it's a whole infrastructure 

 5    project to make what was an old federal military 

 6    field turned into a place that could be 

 7    residences for a significant number of people.

 8                 SENATOR CANZONERI-FITZPATRICK: 

 9    Through you, Mr. President, if the sponsor will 

10    continue to yield.

11                 ACTING PRESIDENT COONEY:   Will the 

12    sponsor yield? 

13                 SENATOR KRUEGER:   Yes.

14                 ACTING PRESIDENT COONEY:   The 

15    sponsor yields.

16                 SENATOR CANZONERI-FITZPATRICK:   

17    Thank you for that answer, Senator Krueger.

18                 So my overall question too with all 

19    of this money is, is the Office of Temporary and 

20    Disability Assistance administering the 

21    distribution of this money?  Like are -- was 

22    there additional staff that was hired to 

23    administer these programs?  Are we subcontracting 

24    out to other agencies?  How are we managing this 

25    money?  


                                                               3145

 1                 SENATOR KRUEGER:   So most of the 

 2    money is actually reimbursement to the city when 

 3    they file their paperwork to us that we have 

 4    committed to reimburse them for.  So it's not our 

 5    staff per se, other than paper trail between the 

 6    city and the state of who owes whom what, which 

 7    is standard for everything.  Some of the money is 

 8    going, for example, for the National Guard, I 

 9    think goes through the office of -- what do we 

10    call them now?  DMNA, Division of Military and 

11    Naval Affairs.  Thank you.  Sorry.  They were 

12    saying it, but I was having trouble mastering it.  

13                 So that's where the National Guard 

14    money would go through.  I think probably 

15    healthcare funds would probably go through the 

16    Department of Health.  Also, down to the city, I 

17    believe H+H, the city's Health and Hospitals 

18    system, is taking if not total responsibility for 

19    healthcare services, at least primary 

20    responsibility for healthcare services.

21                 So it moves through a variety of 

22    different agencies.

23                 SENATOR CANZONERI-FITZPATRICK: 

24    Through you, Mr. President, will the sponsor 

25    continue to yield.


                                                               3146

 1                 ACTING PRESIDENT COONEY:   Will the 

 2    sponsor yield?

 3                 SENATOR KRUEGER:   Yes.

 4                 ACTING PRESIDENT COONEY:   The 

 5    sponsor yields.  

 6                 SENATOR CANZONERI-FITZPATRICK:   So 

 7    Senator, I'm sure you're aware that there were 

 8    some issues with a company called DocGo through 

 9    the city that administered some of the funds, and 

10    there was some problems there.  So since this is 

11    obviously a very large amount of money, I'm just 

12    trying to make sure that we have safeguards in 

13    place to ensure that the money is going where 

14    it's supposed to go.  

15                 So what I'd like to know is, what 

16    safeguards do we have in place to make sure that 

17    this state-funded money is going to where we 

18    think it should be going?  

19                 SENATOR KRUEGER:   So the State 

20    Comptroller has authority to review any contracts 

21    to decide not to pay.  And I agree, that DocGo 

22    story was terrible, and nobody's contracting with 

23    them anymore.

24                 SENATOR CANZONERI-FITZPATRICK:  

25    Through you, Mr. President, will the sponsor 


                                                               3147

 1    continue to yield.

 2                 ACTING PRESIDENT COONEY:   Will the 

 3    sponsor yield? 

 4                 SENATOR KRUEGER:   Yes.

 5                 ACTING PRESIDENT COONEY:   The 

 6    sponsor yields.

 7                 SENATOR CANZONERI-FITZPATRICK:   So 

 8    reading some of the language as to how the money 

 9    is actually allocated for the 2.4 billion, I 

10    think we've asked a few questions already about 

11    what is short-term services, and I believe you 

12    answered that question.  

13                 There is a description here, though, 

14    that says that it could be aid to New York City 

15    for case management and legal services.  And I'd 

16    like to know, is there any language in our budget 

17    that would prevent this money for legal services 

18    to, say, go for the legal services for migrants 

19    with criminal records, for criminal defense, for 

20    landlord-tenant issues if they happen to find 

21    themselves being sued for being a squatter?  

22                 So are there restrictions on what we 

23    can use this money for for legal services?

24                 SENATOR KRUEGER:   Our understanding 

25    is this money is specifically to help them with 


                                                               3148

 1    their legal status vis-a-vis being migrants and 

 2    needing to get through a paper system -- a 

 3    paper-trail system as asylees.  

 4                 I think criminal defense would fall 

 5    under legal services for criminals -- you know, 

 6    indigent legal services.  

 7                 You used another example.  Sorry, 

 8    you said criminal -- housing.  Housing, there's 

 9    not nearly enough housing lawyers.  But if it was 

10    an actual, you know, landlord/tenant case it 

11    would end up likely in the Housing Court, where 

12    we would learn that there's not nearly enough 

13    lawyers to represent everybody.  

14                 I suppose if it's a squatter issue, 

15    that's not really -- it's rarely a 

16    landlord/tenant issue.  It's actually a criminal 

17    situation.  So it goes through whatever paths as 

18    anyone else who does or doesn't have legal status 

19    and ends up in this country.  

20                 SENATOR CANZONERI-FITZPATRICK:  

21    Through you, Mr. President, will the sponsor 

22    continue to yield.

23                 ACTING PRESIDENT COONEY:   Will the 

24    sponsor continue to yield?  

25                 SENATOR KRUEGER:   Yes.


                                                               3149

 1                 ACTING PRESIDENT COONEY:   The 

 2    sponsor yields.

 3                 SENATOR CANZONERI-FITZPATRICK:   So 

 4    forgive me, Senator, if this was asked already.  

 5    But I was also wondering about the process of 

 6    applying for asylum.  

 7                 And is there anything in the budget 

 8    language that specifically says that if a person 

 9    does not get asylum and is not granted asylum 

10    after a certain period of time, that they would 

11    be restricted from continuing in this program?

12                 SENATOR KRUEGER:   No.  I don't 

13    think anybody's been here long enough for that 

14    issue to even come up.

15                 But of course if they are rejected 

16    for legal status, the federal government can 

17    start deportation proceedings or deport them.

18                 SENATOR CANZONERI-FITZPATRICK:  

19    Through you, Mr. President, will the sponsor 

20    continue to yield.

21                 ACTING PRESIDENT COONEY:   Does the 

22    sponsor continue to yield?  

23                 SENATOR KRUEGER:   Yes.

24                 ACTING PRESIDENT COONEY:   The 

25    sponsor yields.


                                                               3150

 1                 SENATOR CANZONERI-FITZPATRICK:   So 

 2    looking also at the language that's in the budget 

 3    for this particular category, it talks about that 

 4    we're funding programs to provide immunizations 

 5    for and communicable disease testing of such 

 6    individuals and families.  

 7                 And I'm wondering -- I've heard from 

 8    a lot of my constituents that they are -- their 

 9    kids are in school with kids that are migrants 

10    that have not necessarily been immunized the way 

11    we all were as children.  And I'm wondering if 

12    this provision is funding for immunization of 

13    children so that they're brought up to the same 

14    standards that we have for our children that have 

15    been here since birth.  And is it also immunizing 

16    adults that come in?  

17                 So if you could explain to me what 

18    this piece of the budget is allocated for, you 

19    know, I'd like to find out.

20                 SENATOR KRUEGER:   In New York City, 

21    literally when you come into the Roosevelt entry 

22    system -- I've toured it -- you're immediately 

23    interviewed by a doctor or nurse.  And they do 

24    childhood school immunizations.  You can't send 

25    your child to school unless they've had all the 


                                                               3151

 1    immunizations, and the same applies for these 

 2    children.  And the adults are also reviewed and 

 3    offered and really encouraged to get all of their 

 4    vaccinations as well.  

 5                 Again, some people come with full 

 6    paperwork and know exactly what they have been 

 7    vaccinated for or not.  Some people don't.  And 

 8    then the medical professionals advise them what 

 9    they think the right course is.  

10                 But yes, children cannot go to our 

11    public schools without getting the full set of 

12    immunizations, as your children would or anyone 

13    else's children.

14                 SENATOR CANZONERI-FITZPATRICK: 

15    Through you, Mr. President, will the sponsor 

16    continue to yield?

17                 ACTING PRESIDENT COONEY:   Will the 

18    sponsor yield?

19                 SENATOR KRUEGER:   Yes.

20                 ACTING PRESIDENT COONEY:   The 

21    sponsor yields.  

22                 SENATOR CANZONERI-FITZPATRICK:  

23    Thank you for that explanation, Senator.  I'm 

24    happy to hear that that happens, because I don't 

25    have young children that are dealing with that, 


                                                               3152

 1    but I know a lot of my constituents have raised 

 2    that very issue.

 3                 And continuing on what's allocated 

 4    here, programs to assist in relocation and 

 5    resettlement of such migrant families and -- 

 6    individuals and families.  So my question is, 

 7    where are we relocating and resettling these 

 8    individuals?  Are they being relocated out of the 

 9    state, out of New York City into different 

10    boroughs?  What is the program and what is this 

11    funding allowed to be used for?  

12                 (Pause.)

13                 SENATOR KRUEGER:   Sorry, I'm 

14    learning and I'm reading.  

15                 So some of these families are being 

16    relocated throughout the State of New York in 

17    multiple counties where arrangements have been 

18    made and they are open to taking.  We have 

19    Albany County, Erie County, Monroe County, 

20    Suffolk County, Westchester County on the list 

21    I'm looking at.  There may be more now.  

22                 And if the household also, through 

23    interview and discussion, says that they actually 

24    would want to relocate somewhere outside of the 

25    New York State -- perhaps they have family in 


                                                               3153

 1    North Carolina that has been found who said, Come 

 2    to North Carolina -- then the state will also -- 

 3    sorry, the City of New York, using some of this 

 4    funding, will assist them to go to that location 

 5    somewhere else in the country.

 6                 I don't know what -- when this data 

 7    is from.  Okay, as of February, 448 were 

 8    interested in being relocated and have not yet 

 9    been placed.  But I believe that the city had 

10    told me about 20 percent upon introduction and 

11    review actually choose to go somewhere else.  

12                 So we're actually finding that we're 

13    able to direct people and help them go to 

14    somewhere else that will work better for them 

15    than ending up in a shelter or a hotel situation 

16    temporarily in New York City.

17                 SENATOR CANZONERI-FITZPATRICK: 

18    Through you, Mr. President, if the sponsor will 

19    continue to yield.

20                 ACTING PRESIDENT COONEY:   Will the 

21    sponsor yield? 

22                 SENATOR KRUEGER:   Yes.

23                 ACTING PRESIDENT COONEY:   The 

24    sponsor yields.

25                 SENATOR CANZONERI-FITZPATRICK:   


                                                               3154

 1    Reading again from the language of this 

 2    $2.4 billion that we've been speaking of, the 

 3    last clause is quite broad, in my opinion.  It 

 4    says "Notwithstanding any inconsistent provision 

 5    of law, the director of the budget is hereby 

 6    authorized to transfer any of the amount 

 7    appropriated herein to any general, special 

 8    revenue, capital projects, proprietary or 

 9    fiduciary funds, of any agency, department or 

10    authority for purposes defined herein."  

11                 And as I stated, I believe that 

12    language is fairly broad and it gives us a lot of 

13    leeway.  So my question is, how are we ensuring 

14    that this money is being spent appropriately 

15    according to the language that we've passed in 

16    this body?  And how do we ensure that the city is 

17    doing what it should be doing related to these 

18    individuals?

19                 SENATOR KRUEGER:   My understanding 

20    is that section is relating to the state deciding 

21    to distribute the money through its own agencies 

22    for different purposes.  And of course we do get 

23    audits and we require documentation before we're 

24    transferring it to the city or any other 

25    locality, because some of these programs are in 


                                                               3155

 1    other counties in the state as well.

 2                 So again, if it's Department of 

 3    Health down to H+H, that's why it would be moved 

 4    from General Fund through Department of Health to 

 5    the Health and Hospitals Corporation.  

 6                 If it's for legal representation, I 

 7    forget where we usually direct legal service -- 

 8    Department of State for legal contracts, OTDA 

 9    usually for shelter contracts and reimbursement 

10    for that.  As I mentioned before, the 

11    National Guard, which is a significant amount of 

12    this money, through the Department of Naval and 

13    Military Affairs -- Military and Naval Affairs.  

14    Whatever the order is there for that -- sorry -- 

15    the name of that agency.  And yes, some through 

16    OTDA.

17                 So again, I think that's, you know, 

18    sort of fancy budget language for we're 

19    Department of Budget and we pass it around our 

20    different agencies so they all can be contracted 

21    out.

22                 SENATOR CANZONERI-FITZPATRICK:   

23    Mr. President, will the sponsor continue to 

24    yield.  

25                 ACTING PRESIDENT COONEY:   Will the 


                                                               3156

 1    sponsor yield?

 2                 SENATOR KRUEGER:   Yes.

 3                 ACTING PRESIDENT COONEY:   The 

 4    sponsor yields.

 5                 SENATOR CANZONERI-FITZPATRICK:   So 

 6    does that broad language prevent us from giving 

 7    any money, say, to a school district that had a 

 8    very large amount of migrants in their area and 

 9    increased their size and maybe had to put an 

10    addition on their school, hire extra teachers?  

11                 Is there any ability for this budget 

12    money to go to those schools if that was the 

13    situation?

14                 SENATOR KRUEGER:   So when the 

15    Executive laid out what the money was for, she 

16    did not list that.  But I think, as we're looking 

17    at it, it could be interpreted as that if the 

18    Executive decided that that was a need that 

19    could -- some of this funding could be used for 

20    that.  

21                 I just think it's more likely 

22    everybody would look at education funding for 

23    that purpose.

24                 SENATOR CANZONERI-FITZPATRICK: 

25    Mr. President, on the bill.


                                                               3157

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Canzoneri-Fitzpatrick on the bill.

 3                 SENATOR CANZONERI-FITZPATRICK:  

 4    Thank you, Senator Krueger, for answering my 

 5    questions.  

 6                 I know we've been focused on this 

 7    issue because the numbers are quite extensive.  

 8    We've talked about 2.4 billion, but there's 

 9    actually extra money that we've discussed today 

10    that really is going to a crisis that is focused 

11    in New York City on the fact that we've allowed 

12    illegal immigrants, illegal migrants to come into 

13    this country and we have a crisis now because of 

14    that.

15                 I am the granddaughter of 

16    immigrants, so I appreciate the fact that we are 

17    a country of immigrants and that so many people 

18    come to this country seeking a better life.

19                 I do think that there's a reason to 

20    be cautious about this, because the money is so 

21    extensive.  And I'm not comfortable that the 

22    controls are present to ensure that the money is 

23    spent in the proper way.  We saw it with 

24    DocGov -- DocGo, excuse me, that there were a lot 

25    of problems.  And I do feel that there are -- 


                                                               3158

 1    there's a need for us to keep a tighter control 

 2    on the money that we're allocating to this 

 3    problem.

 4                 Thank you, Mr. President.

 5                 ACTING PRESIDENT COONEY:   Thank 

 6    you, Senator.

 7                 Senator Skoufis, why do you rise?

 8                 SENATOR SKOUFIS:   Thank you very 

 9    much, Mr. President.  On the bill.

10                 ACTING PRESIDENT COONEY:   Senator 

11    Skoufis on the bill.

12                 SENATOR SKOUFIS:   There's an 

13    oft-misconstrued phrase popularized by a 

14    John F. Kennedy speech that highlights how the 

15    Mandarin symbols for "crisis" are near identical 

16    to the word for "opportunity."  It turns out 

17    actually it's not "opportunity" but "inflection" 

18    is the true comparison.  

19                 But either way, I think both sides 

20    of this aisle would agree, entering the 2024 

21    session we did not have a shortage of crises to 

22    deal with here in New York State.  And with that, 

23    we had a great opportunity and we were at a great 

24    inflection point to deal with issues that -- 

25    quite frankly, many of which should have been 


                                                               3159

 1    dealt with a long time ago.

 2                 An affordability crisis, a housing 

 3    crisis.  Locally in Orange County we had a 

 4    devastating last summer post-session, in 2023, 

 5    flooding crisis that was national news.  And we 

 6    had an opportunity this year to deal with many of 

 7    these crises, those just a few of them.  

 8                 I'll start with the last one I 

 9    mentioned first.  Back on July 9th of 2023 the 

10    eastern wing of Orange County in particular was 

11    the epicenter of a massive, massive storm that 

12    was, as I said before, national news -- every 

13    cable network, every major national newspaper.  

14    There was one fatality.  But the entire Village 

15    of Highland Falls -- which hosts West Point, if 

16    you don't know where that is -- was wiped out.  

17    The town in which the village was in was 

18    devastated -- the school district, a couple of 

19    other towns and villages in the area, but that 

20    was the epicenter.

21                 And to give you a sense of the 

22    scale, the magnitude of this storm, nine inches 

23    of rain dropped in just several hours in these 

24    communities.  Nine inches of rain.  Something I 

25    had learned -- the next day, actually, on 


                                                               3160

 1    July 10th, that's an interesting and I think 

 2    illuminating point, is that meteorologists can 

 3    effectively convert the volume of rain to snow 

 4    and vice versa.  One inch of rain equates to 

 5    about 10 inches of snow.  So when I say 9 inches 

 6    of rain fell in several hours, that's the 

 7    equivalent of 90 inches of snow falling in a few 

 8    hours.  And as you can imagine, there was 

 9    widespread devastation in these communities.

10                 The village that I mentioned before 

11    of Highland Falls, this was just the local 

12    expenses, not the state costs of repairing state 

13    roads and other state damage that happened in the 

14    community -- just the local expenses for a 

15    village of 3,600 people -- totaled $37 million.  

16                 The next day, on July 10th, the 

17    Governor flew in.  I was there, many others were 

18    there, and we appreciated her presence.  And she 

19    saw firsthand the broken hearts, the broken 

20    homes, the broken dreams, the broken livelihoods.  

21    She hugged, she embraced weeping constituents who 

22    had lost everything -- who, it turns out, we 

23    would find out, some of whom would be displaced 

24    in a motel a couple of towns up a way for five 

25    months.  We were -- we were relieved that our 


                                                               3161

 1    Governor was there.  

 2                 And she stood in the middle of 

 3    Main Street, which was unrecognizable, literally 

 4    could not see much of Main Street the next day 

 5    due to the mud, the damage, the wreckage.  She 

 6    saw the sofas lined up on the curbsides, the 

 7    refrigerators, the mattresses, the boilers -- 

 8    people's livelihoods.  And we were glad she was 

 9    there.  

10                 She came back on July 18th, about a 

11    week later, to announce a very small amount of 

12    state funding that wound up helping very, very 

13    few people.  And she, among other things, said 

14    that day -- I quote -- "We stand united in our 

15    commitment to not just be there the day after, 

16    when all the attention is on a community, and 

17    then walk away."  That was on July 18th.

18                 And so you can imagine my surprise 

19    and my anger that as both houses of this 

20    Legislature during this budget negotiations 

21    advanced flood relief, aid to these 

22    municipalities that have to increase their tax 

23    levy, their tax rate, property taxes, to pay for 

24    the unreimbursed amount of damage not covered by 

25    FEMA and other sources -- by double digits, 


                                                               3162

 1    landing another blow on the people who just lost 

 2    their livelihoods, that one person in that room 

 3    said no and refused to offer a single dollar and 

 4    a single cent in this budget.  And her name is 

 5    Kathy Hochul.

 6                 Let me turn to another issue.  And 

 7    we're going to hear I'm sure a lot more about 

 8    housing in ELFA, of course.  She issued, the 

 9    Governor issued a clarion call this year that we 

10    have to address the housing crisis.  And she's 

11    right.  I think no matter your posture on 

12    housing, your objective, if you're fair-minded 

13    about the situation, we would I think all agree 

14    there is a crisis.  

15                 One would think, as we enter our 

16    third attempt in two years to try and solve this 

17    crisis, the Governor would have learned some 

18    lessons from the first two attempts.  And in 

19    particular, one of the lessons that ought to have 

20    been learned last year as she was met with a lot 

21    of resistance in this chamber and the other 

22    chamber -- both parties, by the way -- and in 

23    many communities throughout the state, especially 

24    the suburbs and the exurbs, which revolted over 

25    some of her proposals, one would think that a 


                                                               3163

 1    lesson to be learned from those experiences would 

 2    be I should probably talk to the people who at 

 3    least represent those communities in the Senate 

 4    and the Assembly who had issues, collaborate with 

 5    them, try and put together a package that made 

 6    sense for the state, for their districts, that 

 7    was palatable, that could pass.  Never mind of 

 8    course the local stakeholders.

 9                 It was stunning to me, as the months 

10    went on after session last year and there was 

11    time to reflect on what had happened, those first 

12    two attempts to address housing, that neither I 

13    nor seemingly any colleague that I spoke with was 

14    getting calls from the Governor's office, 

15    meetings even with staff, her housing team.  Not 

16    a single conversation.  

17                 And so we got back at it this year.  

18    And the Governor, who led these negotiations -- 

19    and look, we -- this is a controversial subject 

20    matter.  Even in our one-house, things that the 

21    Senate Majority advanced, many of us didn't agree 

22    with all of the items in that housing package.  

23                 At the end of the day, the Governor 

24    leads these negotiations following this charge 

25    that she issued us in her State of the State.  


                                                               3164

 1    And here we have a housing package that will soon 

 2    be before us -- some of it was in the capital 

 3    budget bill.  Most of it will be in ELFA, the 

 4    policy will be in ELFA -- that everybody hates.  

 5    And it's not one of those situations where, oh, 

 6    it's a good deal because no one's happy.  

 7    Sometimes that happens.  This is not one of those 

 8    times where that has happened.  

 9                 Everyone hates this because this 

10    housing package doesn't address the issue that 

11    she promised to address in January and last year.  

12    She cannot go, the Governor cannot go anywhere in 

13    this state with a straight face after this budget 

14    is adopted and tell a single New Yorker that what 

15    we are about to pass addresses even one-tenth of 

16    the housing crisis.  Rents will still be high.  

17    Purchasing a home, costs will still be high.  

18    Vacancy rates will still be near zero in many 

19    communities.

20                 I have, it's no secret, significant 

21    problems with the good-cause eviction proposal 

22    where -- look, we should look to, when we deal 

23    with matters of the economy, I think it's natural 

24    to, among other stakeholders, look to people who 

25    study the economy, economists, in determining 


                                                               3165

 1    what is good for the economy or not.  And this is 

 2    one of those rare issues where economists of all 

 3    stripes, all backgrounds, all ideologies -- from 

 4    the left, Paul Krugman, to the right, the most 

 5    libertarian economists in the country -- all 

 6    agree that price controls on housing is 

 7    deleterious to actually bringing down costs of 

 8    housing.

 9                 The studies that I've seen that are 

10    publicly available, study after study after 

11    study, survey after survey of these economists, a 

12    low single percentage of economists from across 

13    the spectrum -- one is 2 percent, another I saw 

14    was 4 percent of economists -- agree that price 

15    controls make for good economics on housing.  

16    Virtually none.  But that's in this package.  

17                 Also in this package is a 421-a 

18    successor.  And look, the majority of this crunch 

19    is in the five boroughs.  Obviously I don't 

20    represent the five boroughs.  But what happens 

21    there impacts the entire state in a lot of ways, 

22    especially on housing.  

23                 We have a 421-a successor where the 

24    Governor negotiated a remarkable thing.  The 

25    subsidy is more expensive to taxpayers than 


                                                               3166

 1    421-a, and the housing that will be generated is 

 2    lower than 421-a.  That is a remarkable 

 3    achievement, in the worst sense of the word.  

 4                 We've adjusted IAIs that the people 

 5    who would, if they so chose to uptake, utilize 

 6    those IAI subsidies, all say this will do 

 7    nothing.  You might as well have not touched the 

 8    $15,000 subsidy.  So every one of those thousands 

 9    of vacant apartments will remain vacant.  

10                 Meanwhile, we do not do a single 

11    thing, thanks to the Governor's lack of 

12    leadership on this issue, to address the actual 

13    underlying problems with the housing supply and 

14    housing affordability.  We have the highest -- if 

15    you're a homeowner, we have the highest property 

16    taxes in the country.  That is a deterrent to 

17    people being able to afford to buy and live in a 

18    home.  We have the highest, single highest 

19    closing costs in the country.  Nothing is done in 

20    that space.  

21                 Instead, we artificially put in 

22    place a cap on what a rent increase can look like 

23    from year to year.  And anyone who's heard from 

24    our small and large, quite frankly, landlords 

25    will tell us that at the first opportunity 


                                                               3167

 1    they'll be looking to get out of this business.  

 2    That's housing.  

 3                 On affordability, one of the -- one 

 4    of the strongest undercurrents vis-a-vis 

 5    affordability in my area is the looming 

 6    congestion pricing that is due to take effect in 

 7    the spring, absent one of the I think five or six 

 8    lawsuits being successful.  

 9                 And I've mentioned here before, 

10    where I represent in Orange County, I understand 

11    the -- at least on paper the intention behind 

12    congestion pricing.  Make it expensive to drive a 

13    car into the business district of Manhattan, to 

14    push people onto trains and the MTA's public 

15    transit to get there.  I understand that is the 

16    theory.  

17                 Orange and Rockland counties, West 

18    of Hudson, is literally -- we are the only arm of 

19    the MTA system without a train into New York 

20    City.  That is a fact.  We have a train to 

21    Secaucus and Hoboken in New Jersey.  And by the 

22    way, even that train to Secaucus or Hoboken is 

23    virtually nonexistent in my district.  The most 

24    heavily trafficked train station is the 

25    Harriman Train Station in Orange County, just 


                                                               3168

 1    down the road from Woodbury Common.  And at one 

 2    point in the day, every single day, there is a 

 3    six hour and 33 minute gap between trains in the 

 4    afternoon.  Six hours and 33 minutes.  

 5                 I asked MTA board members, I've 

 6    asked the MTA -- short of driving to the city 

 7    during those six-plus hours at minimum -- never 

 8    mind the other times of the day where, again, no 

 9    train to the city, got to transfer, walk through 

10    a junction, hope you catch the next train.  Let's 

11    at least just talk about that six and a half 

12    hours or so.  What are people supposed to do to 

13    get to Manhattan if you live in Orange County, 

14    other than drive?  

15                 And to a person, the look I get back 

16    is as if I have 19 heads.  There's no answer.  

17    And shockingly, there's no sympathy.  

18                 So the Legislature during budget 

19    negotiations advanced not one but two proposals 

20    to provide for tolling relief for West of Hudson 

21    and especially Orange County.  The Assembly put 

22    one on the table, the Senate put one on the 

23    table.  The Senate one was in our one-house.  

24    It's not a secret.  

25                 And one person is to blame for there 


                                                               3169

 1    being no toll relief coming to my constituency, 

 2    and that is Governor Kathy Hochul.  

 3                 Every time someone from my area 

 4    drives into the city and is whacked for $15 at 

 5    the George Washington Bridge, and then whacked 

 6    again $15 to get into the business district, $30, 

 7    plus $20 round trip gas -- 50 bucks to drive to 

 8    New York City.  Relief was possible if not for 

 9    Governor Hochul.  

10                 Every time someone drives over the 

11    Tappan Zee Bridge -- and Orange County residents 

12    are not afforded the same resident discount 

13    program that Westchester and Rockland 

14    residents are afforded -- Orange County residents 

15    can blame one person:  Governor Kathy Hochul.  

16                 Let's talk about UPK.  We all serve 

17    in this chamber, and we hope at the end of our 

18    service, however long it is, that there are -- 

19    there are a number of meaningful transformative 

20    issues that we were a part of achieving that 

21    touch people's lives in a direct and very 

22    personal way.  And for me, one of those is 

23    universal pre-K.  

24                 A brief history lesson for those of 

25    you who weren't around in 2014.  I was in the 


                                                               3170

 1    Assembly.  The origin story for UPK was the mayor 

 2    at that time had just gotten elected in 2013, in 

 3    November, in New York City.  Bill de Blasio made 

 4    UPK a big issue, pushed state government to take 

 5    this up a couple of months after his November 

 6    victory.  The Governor, as he did with a lot of 

 7    things with New York City, co-opted the issue, 

 8    proposed it himself.  And at the end of 

 9    negotiations there was a deal struck between 

10    the -- especially at the time -- New York 

11    City-dominated Assembly Democratic Conference and 

12    the non-New York City-dominated Senate Republican 

13    Conference majority in 2014.  

14                 And the deal at the time was the 

15    Assembly, they wanted UPK in New York City and 

16    the Senate Republicans -- again, almost 

17    exclusively not in New York City -- were not as 

18    interested in UPK, which we can disagree with.  I 

19    certainly do.  They wanted the property tax 

20    checks that showed up in people's mailboxes for a 

21    few years following 2014.  That was the deal.  

22    That's how UPK started in New York City.  The 

23    rest of the state, peanuts, virtually nothing for 

24    our four-year-olds.  

25                 And so several years ago, four years 


                                                               3171

 1    ago, myself and a number of colleagues, we 

 2    demanded that our four-year-olds, even though 

 3    we're in a different zip code than those in the 

 4    five boroughs, be afforded the same educational 

 5    opportunity.  And we began on a four-year 

 6    phase-in to get to universal pre-K outside of 

 7    New York City.  

 8                 This is Year 4.  In Orange County 

 9    alone, 3,000 new slots have been created as a 

10    result of what we've done.  Transformative for 

11    these families.  One person said no at the 

12    negotiating table this year to completing that 

13    phase-in:  Governor Kathy Hochul.  She can come 

14    to my district and explain to these parents that 

15    don't win a lottery for one of these cherished 

16    UPK slots and explain to them why they should 

17    have to spend $15,000 out of pocket to send their 

18    kid, their four-year-old, to get a pre-K 

19    education.  She is responsible for that decision.  

20                 The alternative of which, by the 

21    way, is that four-year-old does not get a pre-K 

22    education.  

23                 Universal school meals have been 

24    mentioned.  Ninety million dollars to feed kids.  

25    There's nothing less controversial than feeding 


                                                               3172

 1    kids.  We're spending $700 million on a film tax 

 2    credit in this budget that was expanded last 

 3    year.  We're spending $500 million in this budget 

 4    on literally a laser for nanotech here in the 

 5    Capital Region.  

 6                 The Governor has prioritized 

 7    building a laser over feeding our young children 

 8    so they can properly learn.  That's a lot of 

 9    pancakes.  It's a lot of tater tots.  That's a 

10    lot of sloppy joes, pizzas and hamburgers and 

11    fruits and vegetables grown by farmers that get 

12    sent to our schools.  She picked the laser over 

13    food.  

14                 We were told a few years ago when 

15    the federal government passed their 

16    infrastructure bill that DOT and the state would 

17    have more money than they'd know what to do with 

18    on infrastructure.  The roads in my district in 

19    the Hudson Valley -- and I suspect most parts of 

20    the state -- have never been worse.  Where is all 

21    this money that was supposed to be coming down 

22    from the sky to repave and rebuild and improve 

23    our infrastructure?  

24                 And so we advanced $100 million of 

25    extra funding for Region 8.  Historically 


                                                               3173

 1    underfunded.  Roads are deplorable.  One person 

 2    is responsible for making sure the Hudson Valley 

 3    roads are not going to be repaved with that extra 

 4    money.  That is Governor Kathy Hochul.  

 5                 The last thing I want to mention 

 6    before I wrap up is this Governor prides herself 

 7    on at least publicly claiming to be transparent 

 8    and open, such a transparent administration.  I, 

 9    as a sitting state legislator -- and I suspect 

10    many of you have had similar experiences -- could 

11    not just be given information I was requesting 

12    from the Department of Labor.  So I had to FOIL, 

13    as a state legislator, information in emails from 

14    the Department of Labor.  

15                 Two hundred and eighty-eight days 

16    later I finally got a response, just a couple of 

17    weeks ago.  In case you're interested, the FOIL 

18    stems from about this time last year, my office 

19    and I had a series of conversations with DOL 

20    following a Comptroller report that scrutinized 

21    and criticized the Department of Labor's handling 

22    of fraud during COVID, unemployment insurance 

23    fraud.  

24                 And so as the chair of 

25    Investigations in the Senate, we had the 


                                                               3174

 1    conversation with DOL, a series of conversations, 

 2    and offline one of their senior staffers told my 

 3    office point-blank the reason why we did not have 

 4    the ID.me system set up that was able to actually 

 5    track the fraud and root out the fraud is because 

 6    Melissa DeRosa emailed us and didn't approve the 

 7    ID.me system moving forward.  

 8                 And for months that system was 

 9    sitting on a back burner.  Fraud was taking place 

10    right here in New York State to the tune of 

11    millions of dollars.  And people who were not 

12    committing fraud, needing benefits, were stuck 

13    waiting months and months contacting our office 

14    in the meantime, because so much bandwidth at DOL 

15    was being spent manually rooting out this fraud.  

16    Told us point-blank there were emails.  

17                 So I asked for the emails.  Guess 

18    what?  Two hundred eighty-eight days later, after 

19    waiting for so long, they didn't give me the 

20    emails.  So we're appealing now, and at the end 

21    of that appeal, which they'll reject, we'll 

22    either file an Article 78 or we'll subpoena for 

23    them.  

24                 This is the most transparent 

25    Governor who blocks measures in budget 


                                                               3175

 1    negotiations single-handedly to try and shine a 

 2    little more light in state government.  One 

 3    person.  

 4                 I mention all of this because when 

 5    we see a final product, the people outside these 

 6    walls -- quite frankly, some of the people within 

 7    these walls -- don't know who stood for what in 

 8    that room.  What was the Senate saying and 

 9    pushing for?  What was the Assembly saying and 

10    pushing for?  What was the Governor saying and 

11    pushing for?  You just see what happened or 

12    didn't happen at the end.  

13                 And that is an unfortunate 

14    by-product of the opaque process by which we 

15    operate in, in negotiating this budget.  

16                 So I say these things so that my 

17    constituents, whether it's on flood relief -- 

18    which I am thankful to the Majority Leader and 

19    Speaker Heastie for trying to find a solution to 

20    that outside the budget -- to UPK, to housing, to 

21    all these issues I mentioned, the people of 

22    New York State deserve to know that there was one 

23    person responsible for all of the things that I 

24    just mentioned:  Governor Kathy Hochul.  

25                 Thank you.  


                                                               3176

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Borrello, why do you rise?

 3                 SENATOR BORRELLO:   I forgot.  Oh -- 

 4                 (Laughter.)

 5                 SENATOR BORRELLO:   On the bill.

 6                 ACTING PRESIDENT COONEY:   Senator 

 7    Borrello, are you on the bill?  

 8                 SENATOR BORRELLO:   Yes.  On the 

 9    bill.

10                 ACTING PRESIDENT COONEY:   On the 

11    bill.

12                 SENATOR BORRELLO:   So 

13    Senator Skoufis brought up crises at the 

14    beginning of his speech, and I think I missed 

15    one.  And that is the migrant crisis.  So we hear 

16    that term tossed about a lot, migrant crisis.  

17                 Now, when you're in one of the 

18    border states, border communities along the 

19    Mexican border, the crisis is everywhere.  But 

20    once you go beyond the southern border, where are 

21    the migrant crises?  Where is there a migrant 

22    crisis?  It is exclusively in sanctuary cities 

23    and sanctuary states.  That's where the migrant 

24    crisis is beyond the southern border.  

25                 So when we talk about a migrant 


                                                               3177

 1    crisis in New York State, it is a self-created 

 2    crisis.  It is created by the fact that we have 

 3    thrown out the welcome mat and said come here 

 4    from anywhere in the world, and New York State 

 5    taxpayers, New York City taxpayers are going to 

 6    foot the bill indefinitely.  That's the migrant 

 7    crisis.  Now, what does that translate into?  

 8    Well, in this budget that translates into 

 9    $2.4 billion, to go to New York City primarily, 

10    for the self-created migrant crisis.  

11                 Now, when someone comes to you and 

12    says, hey, lookit, I'm in a bad spot, I need some 

13    money, you kinda want to know, what are you going 

14    to change in your life to make sure that this 

15    doesn't go on forever and ever and ever.  Right?  

16    Did we do that?  No.  And by the way, that's 

17    because Governor Kathy Hochul has not taken out 

18    her pen and with a stroke of her pen undone 

19    New York State's sanctuary status, which was done 

20    by executive order by our former governor, Andrew 

21    Cuomo, in 2017.  

22                 So I guess that's why you can't 

23    really criticize New York City for their 

24    sanctuary policy when she hasn't taken the 

25    30 seconds to undo our sanctuary policy.


                                                               3178

 1                 What's going to be done with that 

 2    money?  Well, we really don't know, honestly.  

 3    What happened last time was they tried to spread 

 4    that pain across the state by busing migrants 

 5    everywhere.  And what happened?  Well, let's see.  

 6    We had rapes and assaults in Erie County, Western 

 7    New York, where I'm from.  Most recently we just 

 8    saw it in Westchester.  Tony, high-dollar 

 9    Westchester just had an incident with a migrant 

10    assaulting a police officer at a hotel.  

11                 There's no end in sight.  Not my 

12    words, the words of Mayor Eric Adams.  There's no 

13    end in sight.  This will break New York City.  

14                 And what are we doing here today?  

15    We're going to hand another $2.4 billion for a 

16    no-end-in-sight problem that nothing has changed 

17    to help improve, not a single thing.

18                 I heard earlier that we would love 

19    to increase money for infrastructure like roads, 

20    but we had to hold it flat.  That's the best we 

21    could do, hold it flat.  Inflation is up.  The 

22    cost of paving a road has gone up dramatically in 

23    the last year.  We can't give them more money to 

24    pave roads that the taxpayers of New York State 

25    drive on, but we can give $2.4 billion to 


                                                               3179

 1    New York City for the self-created migrant 

 2    crisis.  That's okay.  No more money for roads, 

 3    can't be done.  

 4                 What else?  Senator Kavanagh:  New 

 5    York City Housing Authority doesn't have the 

 6    money to actually upgrade the housing that 

 7    600,000 New York City residents live in.  Don't 

 8    have the money for it to fix it.  But we do have 

 9    $2.4 billion to give to New York City's 

10    self-created migrant crisis.

11                 That's where we are with this, 

12    folks.  And where is it going to end?  We gave 

13    1.9 billion -- not to correct my colleague on the 

14    other side of the aisle that said it was just 

15    under $800 million.  It was actually $1.9 billion 

16    last year.  2.4 billion this year.  And not a 

17    single thing is going to change.  No alterations 

18    to the way we handle this process.  We're going 

19    to continue to throw out that welcome mat to 

20    every corner of the globe and say, Come to 

21    New York and we will take care of you 

22    indefinitely.  That's what's in this budget.

23                 You can't expect a different result 

24    when you haven't changed what you're doing.  

25    That's the definition of insanity.  Right?  It's 


                                                               3180

 1    insane that we are spending this much money 

 2    without asking for some kind of a modification in 

 3    what's being done.  And what's going to happen is 

 4    it's going to come to a neighborhood near you.  

 5    That's the ultimate goal here.  That's what 

 6    DocGo's goal was, to send people as far away as 

 7    possible in New York State and cover up what was 

 8    actually happening in those areas.

 9                 So folks, this has got to change, 

10    and it starts by voting no on this budget.

11                 Thank you, Mr. President.

12                 ACTING PRESIDENT COONEY:   Senator 

13    Rhoads, why do you rise?

14                 SENATOR RHOADS:   Will the sponsor 

15    yield to a few questions, Mr. President.

16                 ACTING PRESIDENT COONEY:   Will the 

17    sponsor yield?  Will the sponsor yield?

18                 SENATOR KRUEGER:   Of course.

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.  

21                 SENATOR RHOADS:   Welcome back, 

22    Senator Krueger.

23                 Just a few follow-up questions.  And 

24    I know we've covered a lot of ground today.  

25                 I know that you indicated that we're 


                                                               3181

 1    spending $2.4 billion in this budget; about 

 2    $780 million last year on the migrant crisis; an 

 3    additional billion dollars that we spent last 

 4    year providing free healthcare to migrants --

 5                 SENATOR KRUEGER:   An additional 

 6    billion last year?  I don't think so.  I don't 

 7    think I said that, sir.

 8                 SENATOR RHOADS:   Okay.  There 

 9    was -- from my own recollection, there was a 

10    billion dollars that was spent to provide free 

11    healthcare.  I debated Senator Rivera, so I know 

12    that it existed.

13                 SENATOR KRUEGER:   So maybe that was 

14    brought up.  I don't know.

15                 SENATOR RHOADS:   So we've spent -- 

16    we've spent roughly $4.1 billion, including what 

17    we're spending here.  And I don't know, by the 

18    way, if there's another billion dollars anywhere 

19    in this budget to supplement the healthcare that 

20    we were providing.  We'll see what comes out in 

21    the rest of the budget plan.  But we've spent 

22    $4.1 billion.  

23                 I know you've been asked some 

24    questions regarding what oversight has been put 

25    in place, and I know that you've indicated that 


                                                               3182

 1    the State Budget Director ultimately is the one 

 2    who's responsible for doling out the money.

 3                 Have there been any efforts put in 

 4    place by the State Budget Director to determine 

 5    how that money is being spent within the City of 

 6    New York, that 1.9 billion that's gone to the 

 7    City of New York?

 8                 SENATOR KRUEGER:   So again, we 

 9    gave a -- I gave a master list of what that 

10    2.4 billion was for.  

11                 All of that money goes through a 

12    normal process as any other state money going to 

13    any locality.  So there's contracts, there's 

14    cross-checking.  You have to submit bills for 

15    reimbursement.  So I don't think that any of this 

16    2.4 billion that is going out through a variety 

17    of different ways is actually being treated 

18    differently than pretty much any other money that 

19    moves from the state to a locality or through 

20    contracts.  

21                 Again, we're paying the 

22    National Guard; we can obviously track that.  

23    We're paying based on submission of bills for 

24    supportive services and shelter.  We're paying 

25    legal service contracts.  We're paying through 


                                                               3183

 1    the safety-net program, an existing program.  So 

 2    I'm not sure anything's really different.  It's 

 3    just some new categories of programs going 

 4    through our traditional agencies to existing 

 5    agencies.

 6                 SENATOR RHOADS:   Thank you, 

 7    Senator.  

 8                 If the sponsor will continue to 

 9    yield.

10                 SENATOR KRUEGER:   Yes.

11                 ACTING PRESIDENT COONEY:   Will the 

12    sponsor yield?

13                 The sponsor yields.  

14                 SENATOR RHOADS:   Thank you, 

15    Senator Krueger.  

16                 What I'm asking specifically is the 

17    1.9 billion that's going to go to the City of 

18    New York, just like the approximately 780 or so 

19    million that went to the City of New York last 

20    year.  Who's actually accounting for the dollars 

21    that are spent, the state taxpayer dollars that 

22    are being spent by the city?

23                 SENATOR KRUEGER:   The State 

24    Comptroller has the same oversight 

25    responsibilities for any money that moves out of 


                                                               3184

 1    the state bank account.  It's no different than 

 2    any other thing -- any other items in our state 

 3    government or budget.

 4                 SENATOR RHOADS:   Will the sponsor 

 5    yield to another question.

 6                 ACTING PRESIDENT COONEY:   Will the 

 7    sponsor yield?

 8                 SENATOR KRUEGER:   Yes.

 9                 ACTING PRESIDENT COONEY:   The 

10    sponsor yields.  

11                 SENATOR RHOADS:   Because we've had 

12    several conversations so far today -- one 

13    conversation about NYCHA and the oversight of 

14    NYCHA and the spending of NYCHA, where that money 

15    goes, why we're spending so much money, why we're 

16    getting such a poor product in exchange for the 

17    money that we're spending.  

18                 We could have that conversation and 

19    probably will have that conversation about the 

20    MTA -- where that money is going, how that money 

21    is being spent, whether it's being spent 

22    correctly.  

23                 Do you know, in the case of the 

24    money that the City of New York is spending on 

25    the migrant crisis, do we know if the Comptroller 


                                                               3185

 1    or any state agency has conducted any audits as 

 2    to where that money is going, how that money is 

 3    being spent, whether any of that money is being 

 4    wasted?

 5                 (Pause.)

 6                 SENATOR KRUEGER:   So again, to 

 7    track how the money is being spent, you can go on 

 8    the State Comptroller's website where he has a 

 9    tracking system for exactly what monies have gone 

10    out for what programs.  If you're asking -- 

11    that's true whether it's for migrants or our 

12    school system or our hospitals or our CHIPS 

13    program.  

14                 If you're asking whether there is a 

15    system in place for auditing and evaluating 

16    whether the money in any government program is 

17    being spent as best as possible, I suppose the 

18    answer is yes, there's both a State Comptroller 

19    and a City Comptroller when it comes to monies 

20    being spent in New York City, whether they're 

21    federal, state or city.  There's a City 

22    Comptroller process.  There are actually federal 

23    investigations that take place. 

24                 I will tell you I'm not sure that 

25    we've ever created a program in the history of 


                                                               3186

 1    people or government where there isn't some money 

 2    not spent as well as we'd hoped, where there 

 3    isn't some level of fraud, where there isn't some 

 4    way that we could have done it better.  

 5                 I think we could probably all 

 6    agree -- and perhaps we should all work to 

 7    improve our systems of tracking and accounting 

 8    for things better.  But I don't think it's 

 9    specific to this discussion for migrants, because 

10    I don't think there's really any other -- nothing 

11    different about these monies.  They're just for 

12    different purposes than some of our other 

13    programs.  Or they're for exactly the same 

14    purposes as some of the other programs.  

15                 We provide public health to 

16    low-income people.  We have a Medicaid program 

17    that serves I think it's 4 million New York State 

18    residents for public health.  We have a shelter 

19    system that was filled with 100,000 people in 

20    New York City before we even started counting 

21    migrants.  

22                 So I'm not sure any of these 

23    programs are really new.  Nor do I think the way 

24    we're handling the money flow to them is 

25    particularly different.


                                                               3187

 1                 SENATOR RHOADS:   Will the sponsor 

 2    continue to yield.

 3                 ACTING PRESIDENT COONEY:   Will the 

 4    sponsor yield?

 5                 SENATOR KRUEGER:   Yes.

 6                 ACTING PRESIDENT COONEY:   The 

 7    sponsor yields.

 8                 SENATOR RHOADS:   Thank you, 

 9    Senator Krueger.  

10                 Am I correct, then, in my 

11    understanding that we're unaware of any specific 

12    actions that are being taken by any state 

13    official, including the Comptroller, to review 

14    the money that's going out to the City of 

15    New York.  We're simply writing a $1.9 billion 

16    check, sending it off and --

17                 SENATOR KRUEGER:   We're not writing 

18    a $1.9 billion check or a $2.4 billion check.  

19    They have to account for and get reimbursement on 

20    each of those dollars individually, the way we do 

21    every other dollar in the state budget.  It's no 

22    different.  

23                 Is the Comptroller doing an audit on 

24    any of these programs?  Maybe.  We didn't ask him 

25    here tonight.  I guess we could try to find him 


                                                               3188

 1    in the morning.

 2                 Is the City Comptroller?  I know 

 3    that -- and we already discussed it with your 

 4    colleague.  There was one contract with this 

 5    country called Doc -- Doc --

 6                 MULTIPLE SPEAKERS:   DocGo.

 7                 SENATOR KRUEGER:   Yup, thank you.  

 8                  -- where clearly there was a 

 9    problem and there was an investigation.  I think 

10    that's ongoing.  And there's no contract with 

11    them anymore.

12                 So the answer is I could name one.  

13    But if you go on the Comptroller's site for the 

14    city or the state, you can find endless audits 

15    that they do on a regular basis.

16                 SENATOR RHOADS:   Well, if the 

17    sponsor will continue to yield.

18                 ACTING PRESIDENT COONEY:   Will the 

19    sponsor yield?

20                 SENATOR KRUEGER:   Sure.

21                 ACTING PRESIDENT COONEY:   The 

22    sponsor yields.  

23                 SENATOR RHOADS:   Let me ask, of the 

24    $4.3 billion that we are planning on spending --

25                 SENATOR KRUEGER:   Two-point-four 


                                                               3189

 1    this year.

 2                 SENATOR RHOADS:   Well, we're 

 3    talking about 2.4 billion in this budget --

 4                 SENATOR KRUEGER:   Yup.

 5                 SENATOR RHOADS:   -- 780 million 

 6    that was spent last year --

 7                 SENATOR KRUEGER:   That's done.

 8                 SENATOR RHOADS:   Right?

 9                 SENATOR KRUEGER:   Yup.

10                 SENATOR RHOADS:   And a 

11    billion dollars that we approved last year for 

12    healthcare.

13                 SENATOR KRUEGER:   Again, I 

14    apologize, I think I must have been out of the 

15    room then, so I don't know whether that was under 

16    some other category.  I don't think -- I don't 

17    think it was any line-item contracts for migrants 

18    per se.

19                 SENATOR RHOADS:   Okay.  We'll agree 

20    to disagree that we somehow lost a billion 

21    dollars.

22                 SENATOR KRUEGER:   Well, I wish 

23    Gustavo was here, but he's not sitting here so I 

24    can't speak for him.

25                 SENATOR RHOADS:   Understood.  


                                                               3190

 1                 Out of all the money that we've 

 2    spent, has any of that money been spent taking 

 3    any migrants who are here in the country 

 4    illegally and sending them back?

 5                 SENATOR KRUEGER:   No.  New York 

 6    State doesn't have the authority to do 

 7    deportation.  

 8                 If they asked to go back, I think we 

 9    probably would pay for it.  As I answered a 

10    previous question, if we learn that they would 

11    prefer to be in some other state in this country, 

12    we're saying yes and making sure they get there.  

13    And I suspect if they say no, I'd really like to 

14    go back to my home country, I bet we're paying 

15    for the ticket there also.  In fact, I'm sure 

16    I've heard that we are.

17                 SENATOR RHOADS:   Will the Senator 

18    continue to yield.

19                 ACTING PRESIDENT COONEY:   Will the 

20    Senator yield?

21                 SENATOR KRUEGER:   Sure.

22                 ACTING PRESIDENT COONEY:   The 

23    Senator yields.  

24                 SENATOR RHOADS:   Thank you.  

25                 The asylum application process, as 


                                                               3191

 1    I'm sure you're aware, the asylum application 

 2    process has to be completed within a year.

 3                 SENATOR KRUEGER:   In general, the 

 4    application, yes.

 5                 SENATOR RHOADS:   We've had -- will 

 6    the sponsor continue to yield.

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 SENATOR KRUEGER:   Yes.

10                 ACTING PRESIDENT COONEY:   The 

11    sponsor yields.

12                 SENATOR RHOADS:   We have had -- 

13    since January of 2021, we have had approximately 

14    9 million illegal border crossings into this 

15    country.  Do you know how many of these migrants 

16    have wound up in the State of New York?

17                 SENATOR KRUEGER:   I don't know.  I 

18    know the statistics we have since April '22 is 

19    that over 142,000 asylum seekers have been 

20    processed and provided services by the City of 

21    New York.  

22                 I'm assuming that there were 

23    migrants who also came through other counties in 

24    the State of New York.  But I don't know if 

25    anyone knows exactly where that 9 million number 


                                                               3192

 1    comes from, and I think it would be impossible, 

 2    truly impossible for us to know what share, so to 

 3    speak, of people maybe were part of that 

 4    universe.  

 5                 Because as we discussed, some 

 6    migrants are coming from the southern border, 

 7    some migrants are coming across the northern 

 8    border, some migrants are taking airplanes into 

 9    Kennedy Airport from lots of places in the world, 

10    and some migrants were living in other states and 

11    then came here.  So I think it would be a very 

12    hard research project.

13                 SENATOR RHOADS:   Will the sponsor 

14    continue to yield?

15                 ACTING PRESIDENT COONEY:   Will the 

16    sponsor yield?

17                 SENATOR KRUEGER:   Yes.

18                 ACTING PRESIDENT COONEY:   The 

19    sponsor yields.

20                 SENATOR RHOADS:   Well, 

21    Senator Krueger, whether it's $4.1 billion, 

22    $2.4 billion, whatever the number we can agree on 

23    that's being spent or has been spent of New York 

24    State taxpayer dollars, has any of that money 

25    been spent to institute any kind of legal action 


                                                               3193

 1    against the federal government to reimburse 

 2    New York State for the taxpayer dollars that 

 3    we're spending because of a crisis that they have 

 4    created?

 5                 SENATOR KRUEGER:   So has the State 

 6    of New York sued the federal government to try to 

 7    get more money from the federal government?  Was 

 8    that the question?  

 9                 SENATOR RHOADS:   Well, yeah, it's 

10    to try and get any money out of the federal 

11    government.  Because as I understand -- 

12                 SENATOR KRUEGER:   The federal 

13    government has given some money for the migrant 

14    situation.  But not nearly enough, I would agree.

15                 I don't know -- maybe because I just 

16    don't do this for a living, I don't know how 

17    successful anyone is when they try to sue the 

18    federal government as a state to get more money 

19    from them.  It might be an interesting idea, but 

20    I'm not sure exactly even which one of us would 

21    have standing to bring a case like that against 

22    the federal government.  

23                 I suspect they've lawsuit-proofed 

24    themselves from states who are angry at them for 

25    not giving enough money.  Because I guess, pick a 


                                                               3194

 1    date, all 50 states have been mad at the federal 

 2    government over something.  So I'm just not sure 

 3    it's that easy to sue them for money.  I'm not 

 4    opposed to it necessarily, I'm just not sure it 

 5    would be that successful.

 6                 SENATOR RHOADS:   Will the sponsor 

 7    continue to yield.

 8                 ACTING PRESIDENT COONEY:   Will the 

 9    sponsor yield?

10                 SENATOR KRUEGER:   Yes.

11                 ACTING PRESIDENT COONEY:   The 

12    sponsor yields.  

13                 SENATOR RHOADS:   Well, there are 

14    plenty of states that have brought action against 

15    the federal government.  But our understanding 

16    is, your understanding is that New York is not 

17    one of them that has done that.  

18                 In fact, not only has New York not 

19    attempted to recover money from the federal 

20    government through a legal process -- when you 

21    speak about Floyd Bennett Field, for example, 

22    which is a federally owned property, there's 

23    $122 million in this budget in part to pay rent 

24    to the federal government for use of Floyd 

25    Bennett Field as a migrant shelter.  So we're 


                                                               3195

 1    actually paying the federal government for a 

 2    problem that they created.

 3                 SENATOR KRUEGER:   So -- that was a 

 4    lot of pieces.  So again, I don't know if there 

 5    are other states who are suing the federal 

 6    government to give them more money to help with 

 7    the migrant situation.  You're saying there are.  

 8    So I would be very interested in exploring that.  

 9    Because of course migrants are going all over 

10    this country, as they always have.  So some 

11    states are suing.  

12                 Some states are offering money for 

13    them to come there.  Did you know that?  Many 

14    states are excited about new migrants coming, 

15    putting them to work developing and expanding 

16    communities.  There's several Midwestern states 

17    with old Rust Belt cities that are offering 

18    $15,000 a household to come to them.  

19                 So there are different responses in 

20    different parts of the country.  But in fact our 

21    state has had amazing success over decades of 

22    incorporating new groups of migrants into parts 

23    of the state where we didn't have enough people, 

24    where they were looking for people to settle and 

25    to take jobs, and have had a great deal of 


                                                               3196

 1    success.  

 2                 In fact, that's pretty much the 

 3    history of everyone in New York City.  We pretty 

 4    much all came as migrants at some point in 

 5    history -- maybe our parents, maybe our 

 6    grandparents.  But I think the statistics are 

 7    50 percent of the people in New York City are 

 8    directly related to a new American.

 9                 So we're talking about a subuniverse 

10    of people coming right now, falling into 

11    certainly categories.  But in fact it's pretty 

12    much the history of the entire state.  And the 

13    research actually shows that yes, it costs 

14    government something when they first get here, 

15    but they pretty quickly assimilate into our 

16    society, become taxpayers, and actually help us 

17    grow our economy and are win/wins for us.

18                 I know nobody necessarily believes 

19    that tonight.  But if you look at the research on 

20    the data, new Americans have actually expanded 

21    New York's economy and made us probably the 

22    greatest state in the world because we have 

23    people from everywhere in the country -- excuse 

24    me, everywhere in the world who want to be here, 

25    who fight to be here, who sometimes cross borders 


                                                               3197

 1    without paperwork to be here.

 2                 As I often explain, my grandparents 

 3    all came here, they got on boats from Eastern 

 4    Europe, they ended up in England getting on 

 5    boats, really hoping that the U.S. wouldn't turn 

 6    them down at Ellis Island.  And they got in.  A 

 7    lot of people got turned down.  

 8                 That's pretty much the entire 

 9    history of this country, depending on what decade 

10    and what part of the country they came to.

11                 SENATOR RHOADS:   Will the sponsor 

12    continue to yield.

13                 ACTING PRESIDENT COONEY:   Will the 

14    sponsor yield?

15                 SENATOR KRUEGER:   Yes.

16                 ACTING PRESIDENT COONEY:   The 

17    sponsor yields.  

18                 SENATOR RHOADS:   I would certainly 

19    agree, Senator Krueger, that we are a nation of 

20    immigrants.  My great-grandparents came from 

21    different countries as well, as I'm sure -- 

22    unless we have anyone of Native American descent 

23    here tonight -- that most people have a similar 

24    story, where at some point in their generational 

25    line the decision was made to come to America, 


                                                               3198

 1    apply for immigration status legally, and come 

 2    into the country legally.  

 3                 But I'm not sure that we've seen the 

 4    volume of individuals that have come in as has 

 5    happened here, particularly in the City of 

 6    New York, as is evidenced by the fact that we 

 7    have people who are sleeping on the streets 

 8    because we have so many immigrants who have come 

 9    that there is not enough shelter to provide them.  

10    Nor am I aware of any expense to the tune of 

11    $2.4 billion that we are spending in this budget, 

12    $750 million that we spent in last year's budget.

13                 But let me ask this.  So we know 

14    that the asylum process, the application process, 

15    has to be completed within a year.  Otherwise, 

16    they're in violation of our asylum status and no 

17    longer have legal status.  

18                 What is New York State doing, if 

19    anything, to exclude those individuals who are no 

20    longer here in the state or in this country 

21    legally based upon their failure to complete an 

22    asylum application?

23                 (Pause.)

24                 SENATOR KRUEGER:   So I'm not aware 

25    of any law that says we do X if we know that they 


                                                               3199

 1    haven't completed their application process.  It 

 2    is one of the reasons we're working so hard to 

 3    make sure they do complete that paperwork within 

 4    that year, so that we don't end up in this 

 5    situation.  

 6                 And again, as I said, we want to get 

 7    them their paperwork as fast as possible because 

 8    then they can get working papers and go off into 

 9    our economy and have the life story that your 

10    great-grandparents hopefully had and my family 

11    had when we got here.  We all came here probably 

12    dirt poor.  We came here for reasons -- because 

13    we couldn't stay where we were, perhaps we were 

14    being killed, in some cases, not given religious 

15    freedom, obviously; nowhere to go and take care 

16    of ourselves or earn a living in our previous 

17    country.  

18                 That's probably how we all did get 

19    here, other than Native Americans -- oh, slaves 

20    didn't have a great storyline, actually.  They 

21    didn't even get a choice in the matter.

22                 And so we are trying to make sure 

23    that we turn this into the best storyline 

24    possible, which would be people who then become 

25    incorporated into our society, into our 


                                                               3200

 1    communities, into our economy, and perhaps as the 

 2    next generation of amazing ideas that move us 

 3    forward as previous generations of new Americans 

 4    have been.

 5                 SENATOR RHOADS:   Thank you, 

 6    Senator Krueger.  

 7                 Will the sponsor yield to a few 

 8    additional questions, this time with respect to 

 9    the MTA?

10                 ACTING PRESIDENT COONEY:   Does the 

11    sponsor yield?

12                 SENATOR KRUEGER:   I'm sorry, what 

13    was the change of topic?

14                 ACTING PRESIDENT COONEY:   MTA.

15                 SENATOR RHOADS:   MTA.

16                 SENATOR KRUEGER:   Oh, that's like 

17    migrants, sure.  Come on -- 

18                 (Laughter.)

19                 ACTING PRESIDENT COONEY:   The 

20    sponsor yields.

21                 SENATOR KRUEGER:   -- let's talk 

22    about the MTA.  

23                 SENATOR RHOADS:   My understanding 

24    is that in this particular bill we are 

25    spending -- I want to get the correct amount.  We 


                                                               3201

 1    are spending -- is it $800 million?  $873 million 

 2    on the -- I have to look at the bill.

 3                 SENATOR KRUEGER:   Eight hundred 

 4    seventy-three million contingency in case the 

 5    budget is late for next year.  

 6                 So it's sort of a dry appropriation 

 7    as a just-in-case if next year we're late in 

 8    getting the budgets done on time.

 9                 SENATOR RHOADS:   Will the sponsor 

10    continue to yield.  

11                 ACTING PRESIDENT COONEY:   Will the 

12    sponsor yield?

13                 SENATOR KRUEGER:   Yes.

14                 ACTING PRESIDENT COONEY:   The 

15    sponsor yields. 

16                 SENATOR RHOADS:   It is my 

17    understanding, therefore, that if next year's 

18    budget is late, we will not see anything to the 

19    MTA in any budget extender.

20                 SENATOR KRUEGER:   I'm so sorry, can 

21    you say the last part of the sentence again?  We 

22    won't see --

23                 SENATOR RHOADS:   We won't see 

24    anything regarding the MTA in a budget extender.

25                 (Pause.)


                                                               3202

 1                 SENATOR KRUEGER:   They could be in 

 2    the budget extender, because we would have to 

 3    give them approval to use the appropriated money 

 4    that they would then need -- but we're hoping 

 5    they won't need.  Because I don't know about you, 

 6    but I would really like an on-time budget next 

 7    year.

 8                 SENATOR RHOADS:   We would all love 

 9    that -- 

10                 SENATOR KRUEGER:   Exactly.

11                 SENATOR RHOADS:   -- no question.  

12                 And will the sponsor continue to 

13    yield.  

14                 ACTING PRESIDENT COONEY:   Will the 

15    sponsor yield? 

16                 SENATOR KRUEGER:   Yes.  Oh, I'm 

17    sorry.  Hi.  

18                 I have been joined by our 

19    Authorities and Corporations chair, who loves to 

20    answer questions about the MTA, correct?  Senator 

21    Comrie.

22                 (Inaudible overtalk.)

23                 SENATOR RHOADS:   My good friend 

24    Senator Comrie, she's put you right on the spot.

25                 SENATOR COMRIE:   I'm going to 


                                                               3203

 1    relieve her because she's had a long day, so -- 

 2    thank you.

 3                 SENATOR RHOADS:   So my question, 

 4    Senator Comrie, is in addition to the 

 5    $873 million, I believe there was another 

 6    $88 million in the capital projects bill that was 

 7    also recently approved.  

 8                 So in essence, in this year's 

 9    budget, subject to there being anything that we 

10    haven't considered as of yet, we are planning on 

11    funding the MTA to the tune of another 950 or 

12    so -- 970, actually, $970 million in these 

13    appropriations.  Correct?  

14                 SENATOR COMRIE:   Correct.

15                 SENATOR RHOADS:   My question, if 

16    Senator Comrie would be kind enough to yield --

17                 ACTING PRESIDENT COONEY:   Senator, 

18    will you yield?  

19                 SENATOR COMRIE:   Yes.

20                 ACTING PRESIDENT COONEY:   The 

21    Senator yields.  

22                 SENATOR RHOADS:   One of the things 

23    that we've been calling for is an audit of the 

24    MTA.  Because every year we are throwing more and 

25    more money at the MTA.  Congestion pricing is 


                                                               3204

 1    about to go into effect in June, where we'll be 

 2    spending another billion -- where taxpayers, 

 3    ratepayers, commuters, residents will be paying 

 4    another billion dollars into the MTA to try and 

 5    plug a hole in their capital budget which we're 

 6    also devoting taxpayer dollars to here.

 7                 Is there anything in any of these 

 8    bills that is requiring that there be an MTA 

 9    audit so that we know where the money is being 

10    spent and why we have continuous and systemic 

11    deficits in both their operating and their 

12    capital expenses?

13                 SENATOR COMRIE:   Senator Rhoads, 

14    thank you for your question.  

15                 We have been pushing for audits for 

16    the MTA since we have taken -- since I've been 

17    chair.  We started an audit back four years ago, 

18    I think was the first audit that we started.  

19    We've been increasing the details of the audit 

20    over the last three years.  

21                 In this budget we are asking the MTA 

22    to make a transparent audit, and they have agreed 

23    to do so.

24                 So we're increasing -- as we look at 

25    the audits, look at what kind of transparency is 


                                                               3205

 1    there, what kind of issues that have been 

 2    missing -- I want to thank the budget team for 

 3    making sure that we're continuing to tighten up 

 4    the ability so that the audit can be transparent, 

 5    that the audit can make sure that they're showing 

 6    all of the money that they're spending.  Because 

 7    we are keen on making sure that the MTA is an 

 8    agency that's responsible for all of the billions 

 9    of dollars that they're getting.

10                 We have heard from constituents 

11    about how the MTA has been spending their money.  

12    We've heard from people about how they are not 

13    getting their projects done on time.  We've 

14    understood that there has been some glitch 

15    because of the pandemic, but we've been pushing 

16    hard to make sure that they get back to making 

17    sure that projects are done on time, the things 

18    that they were supposed to do before they turned 

19    on the congestion pricing spigot in terms of the 

20    major projects that we've been asking for 

21    improvements.  

22                 And we're confident, working 

23    together, that we will make sure that the MTA 

24    provides audits to make sure that there's a 

25    better level of confidence and also 


                                                               3206

 1    responsibility and acceptability throughout the 

 2    system so that we can see better responses, 

 3    better time, and hopefully save money.

 4                 One of my biggest pet peeves that I 

 5    bring up at every MTA meeting is the fact that 

 6    they do things at a higher rate than every other 

 7    transit agency in the world.  That's been a 

 8    consistent theme of mine and this conference, to 

 9    try to control that and make sure that the MTA is 

10    being more responsible with their money and not 

11    deal with the issues of what they used to look 

12    like, but what they can be and what they should 

13    be to provide our riders.

14                 SENATOR RHOADS:   Thank you, 

15    Senator Comrie.  

16                 Would you be kind enough to yield to 

17    another question?  Through you, Mr. President.

18                 SENATOR COMRIE:   Yes.

19                 ACTING PRESIDENT COONEY:   The 

20    Senator yields?  

21                 The Senator yields.

22                 SENATOR RHOADS:   Thank you, 

23    Senator Comrie.  

24                 I believe you indicated that there 

25    was an audit of the MTA four years ago.  Right?


                                                               3207

 1                 SENATOR COMRIE:   They audit 

 2    consistently every year.  You can look at it 

 3    on -- what's that called?  What do they call that 

 4    page?  The dashboard.  There's an MTA dashboard, 

 5    if you look on the MTA, they have a dashboard 

 6    where they provide how they've been spending 

 7    their money.

 8                 SENATOR RHOADS:   Will the sponsor 

 9    continue to yield?

10                 SENATOR COMRIE:   Yes.

11                 ACTING PRESIDENT COONEY:   Will the 

12    sponsor yield?  

13                 The sponsor yields.

14                 SENATOR RHOADS:   And is that 

15    self-reporting by the MTA?  Or is that an actual 

16    audit by an outside agency?  

17                 SENATOR COMRIE:   I believe there's 

18    an outside agency that did one.  And I'm just 

19    double-checking.  (Pause.)

20                 The dashboard they report 

21    themselves.  The Comptroller does a regular 

22    audit.  And we had an outside audit done two 

23    years ago.  This audit that's being done now is 

24    being done by MTA.

25                 SENATOR RHOADS:   Okay.  Will the 


                                                               3208

 1    sponsor continue to yield?  

 2                 ACTING PRESIDENT COONEY:   Will the 

 3    sponsor yield?

 4                 SENATOR COMRIE:   Yes.

 5                 ACTING PRESIDENT COONEY:   The 

 6    sponsor yields.

 7                 SENATOR RHOADS:   Thank you, 

 8    Senator Comrie.  

 9                 So there was an outside audit that 

10    was done two years ago, in 2022?

11                 SENATOR COMRIE:   I believe 2022.

12                 SENATOR RHOADS:   Who actually did 

13    that audit?

14                 SENATOR COMRIE:   Crowe Consulting.  

15    Crowe Consulting.

16                 SENATOR RHOADS:   And will the 

17    sponsor continue to yield.

18                 ACTING PRESIDENT COONEY:   Will the 

19    sponsor yield? 

20                 SENATOR COMRIE:   Yes.

21                 ACTING PRESIDENT COONEY:   The 

22    sponsor yields.

23                 SENATOR RHOADS:   And were any 

24    recommendations made as a result of the audit 

25    that was conducted by that company?


                                                               3209

 1                 SENATOR COMRIE:   We can send that 

 2    to you.  That's a good question.

 3                 But there was an audit.  They did 

 4    make some recommendations.  We looked at that 

 5    audit.  We made additional recommendations for 

 6    the second audit.  We also sent it to the 

 7    Comptroller.  And we pushed the MTA to do more on 

 8    their dashboard.

 9                 SENATOR RHOADS:   Will Senator 

10    Comrie continue to yield.

11                 ACTING PRESIDENT COONEY:   Will the 

12    sponsor yield?

13                 SENATOR COMRIE:   Yes.

14                 ACTING PRESIDENT COONEY:   The 

15    sponsor yields.

16                 SENATOR RHOADS:   Through you, 

17    Mr. President.  With respect to those 

18    recommendations, has there been any follow-up to 

19    ensure that the MTA has actually undertaken those 

20    recommendations and implemented those 

21    recommendations?

22                 SENATOR COMRIE:   Yes.  I can say 

23    confidently that we've been pushing and looking 

24    at the recommendations.  We've been making it an 

25    issue with the MTA.  We've sent a letter more 


                                                               3210

 1    than once to the MTA about recommendations.  

 2    They've added it to their internal audit process.  

 3                 And we will continue, as I said 

 4    earlier, to push the MTA that those audits are 

 5    transparent enough that when you look at the 

 6    dashboard, you will be clearly able to understand 

 7    everything that they've been doing.

 8                 It's a persistent push from this 

 9    conference to make sure that the MTA is spending 

10    their billions of dollars responsibly.

11                 SENATOR RHOADS:   And it's dangerous 

12    to say this, but will the sponsor yield to a 

13    final question on the MTA?  

14                 SENATOR COMRIE:   You can keep 

15    going, Senator.  

16                 ACTING PRESIDENT COONEY:   The 

17    sponsor yields.

18                 SENATOR RHOADS:   Thank you, 

19    Senator Comrie.

20                 With respect both to the audit that 

21    was done four years ago, the audit that was done 

22    by the outside agency, the audit that -- the 

23    self-reporting audit, apparently, that's been 

24    asked for this year from the MTA, as well as the 

25    recommendations and the follow-up, could you tell 


                                                               3211

 1    us and tell the public, is all of that 

 2    information available on the dashboard?  Or where 

 3    would we be able to go to find it?

 4                 SENATOR COMRIE:   I believe it's 

 5    available on the dashboard or on the MTA website.  

 6    So you can go to both.  

 7                 We have been looking at it 

 8    consistently and making consistent requests to 

 9    improve the audit and the dashboard so that, as I 

10    said before, the public can easily understand how 

11    they're spending their money.  

12                 We also want to make sure that we're 

13    pushing the MTA to be clear that they have to do 

14    more to convince the public to take the trains, 

15    to be able to have some faith that we're spending 

16    public dollars responsibly.  So that's something 

17    that we've been pushing to do -- I'm sorry.  It's 

18    something that we've been pushing to do as a 

19    conference, something that I've been personally 

20    pushing to do.  

21                 It's an honor to be chair, working 

22    with all my colleagues in government.  We're 

23    happy to take any ideas or questions so that we 

24    can make sure that the MTA is being responsible, 

25    that they can lower their costs of construction, 


                                                               3212

 1    they can find a way to speed up their ability to 

 2    get projects done, to convince the public in 

 3    every way possible that they're doing a better 

 4    job.  And also to motivate their workers.  They 

 5    have some of the highest costs in the country, if 

 6    not the world.  But we need to motivate their 

 7    workers.  We've been trying to push to make sure 

 8    that there's additional opportunities to find 

 9    ways that the workers can lower costs as well.  

10                 So we're doing everything we can.  

11    We're more than open to taking other suggestions.  

12    We want to make sure that the MTA is an agency 

13    that people can restore faith in.

14                 SENATOR RHOADS:   I'm going to be 

15    true to my word to Senator Comrie.  That is my 

16    last question for you, Senator Comrie.  I 

17    appreciate your indulgence.

18                 SENATOR COMRIE:   I appreciate your 

19    questions, Senator.

20                 SENATOR RHOADS:   I'd like, 

21    Mr. President, to speak briefly on the bill.

22                 ACTING PRESIDENT COONEY:   Senator 

23    Rhoads on the bill.

24                 SENATOR RHOADS:   Thank you, 

25    Mr. President.  


                                                               3213

 1                 The -- today we've had a lot of 

 2    discussions about money being spent.  And 

 3    Senator Comrie has, despite my having asked for 

 4    audits of the MTA several times here on the 

 5    floor, this is the first that I've become aware 

 6    that these audits are apparently an ongoing 

 7    process, and that all of the information is 

 8    available on the MTA website.  

 9                 And I appreciate the Senator's 

10    indulgence in providing me copies of that 

11    information.  And I also will undertake to go on 

12    the website and try and find that information so 

13    that I can respond to my constituents who are 

14    asking about our continued support of the MTA and 

15    asking about congestion pricing and why we 

16    continue to spend more money without there 

17    seeming to be any improvement in service or any  

18    improvement in the economy of service.

19                 I wanted to speak briefly -- I 

20    understand very well what Senator Skoufis was 

21    speaking about.  And the initial thing that he 

22    mentioned was about flooding that took place in 

23    Orange County recently and the lack of a 

24    response, really, from the Governor's office.  

25                 And, you know, as someone from 


                                                               3214

 1    Long Island and particularly the South Shore of 

 2    Long Island, I can harken back to the end of 

 3    October, beginning of November of 2012 where we 

 4    dealt with Superstorm Sandy and the aftermath of 

 5    Superstorm Sandy.  And my experience with the 

 6    State of New York, the Governor's Office of Storm 

 7    Recovery, was very similar to the response that 

 8    Senator Skoufis had today with the flooding that 

 9    he was dealing with in his district where we had 

10    residents to this day who still haven't been made 

11    whole.  Those who are paying off loans that were 

12    supposed to be grants initially when they were 

13    awarded.  People who spent their entire life 

14    savings to get back into their homes.  People who 

15    simply had to leave because the process was so 

16    complicated and so relatively few actually 

17    received any benefit from the Governor's office 

18    and from the state in response to a crisis that 

19    was a natural disaster.  

20                 We are dealing here with a crisis, 

21    though, in the migrant crisis that is 

22    self-inflicted.  And the one thing that I've 

23    learned in the discussions that we've had today 

24    is that the state will do anything to spend money 

25    to protect those who have acted illegally, but 


                                                               3215

 1    will do little to protect our own residents in 

 2    providing them the relief that they need.  And we 

 3    see that.  

 4                 Because as we're spending 

 5    $2.4 billion in this budget on the migrant 

 6    crisis, $750 million on the migrant crisis last 

 7    year, another billion to provide free healthcare 

 8    to migrants -- a total of $4.1 billion -- we are 

 9    doing nothing to return those who are here 

10    illegally.  We are doing nothing to send back 

11    those who don't have a legal status in the state 

12    or in the country based upon the fact that they 

13    haven't completed their application for asylum.  

14    We are doing nothing to seek money from the 

15    federal government, legally or otherwise, to 

16    reimburse the taxpayers of the State of New York 

17    for the money that we are spending housing, 

18    clothing, feeding, providing for the healthcare, 

19    education, for those who entered the country 

20    illegally.

21                 And we see the results of that.  

22    We've seen the results of that today.  I have to 

23    tell the residents of my district that there is 

24    no help for them from the state in the budget for 

25    their own safety-net hospital that is on the 


                                                               3216

 1    verge of closing because there wasn't money in 

 2    the budget for them.  

 3                 We had to tell seniors today, and 

 4    those with developmental disabilities and those 

 5    with cognitive disabilities that they could not 

 6    have the same access to CDPAP that they had 

 7    previously because we needed to save $500 million 

 8    someplace.  And so now they can't have the 

 9    assistance that they were used to with the 

10    process that they were used to from people that 

11    they know and had the opportunity to select 

12    themselves.

13                 We continue to make choices -- and 

14    we've said several times on this floor that it's 

15    not an issue with respect to does the state take 

16    in enough money.  We don't have a revenue 

17    problem.  We have a spending problem.  And we 

18    have a spending problem because we continue to 

19    spend money in the wrong places.  We continue to 

20    spend money in ways that don't advance the 

21    interests of the State of New York, at the cost 

22    of our own taxpayers.  

23                 And so as I look at the $2.4 billion 

24    that we're spending on the migrant crisis, with 

25    very little effort to make any oversight; as we 


                                                               3217

 1    look at the money that we're spending on the MTA 

 2    with continued questions about the operation of 

 3    that agency; when we look at what's going on in 

 4    our state with us continuing to coddle those who 

 5    break the law and who are contributing -- whether 

 6    we're talking about bail reform, whether we're 

 7    talking about the migrant crisis, whether we're 

 8    talking about any one of a variety of issues -- 

 9    who are contributing to the pandemic of 

10    lawlessness that we are seeing across our state.  

11    We continue to do nothing to prevent that.

12                 And we continue to do nothing to 

13    stand up for New Yorkers.  We provided a billion 

14    dollars in funding last year to provide 

15    healthcare to migrants, while 700,000 

16    New Yorkers, taxpaying New Yorkers, do not have 

17    health coverage of their own.  Our priorities 

18    here are out of skew.

19                 And so that's why, with respect to 

20    this portion of the budget, I will be voting 

21    against it, and I encourage my colleagues to do 

22    the same.

23                 Thank you, Mr. President.

24                 ACTING PRESIDENT COONEY:   Thank 

25    you, Senator Rhoads.


                                                               3218

 1                 Senator Harckham, why do you rise?

 2                 SENATOR HARCKHAM:   On the bill, 

 3    please, Mr. President.

 4                 ACTING PRESIDENT COONEY:   Senator 

 5    Harckham on the bill.

 6                 SENATOR HARCKHAM:   I just rise to 

 7    provide context to the discussion and remind 

 8    colleagues that immigration is a federal issue.  

 9    It's not a state issue.  And I've been sitting 

10    here hearing the word "illegal" time after time.  

11    My personal belief?  That human beings are never 

12    illegal.  But the point of fact is asylum seekers 

13    are legal immigrants.  They are legal immigrants.  

14                 Another point I'd like to correct is 

15    this notion of lawlessness of the immigrant 

16    community.  Stanford University did a 

17    decades-long study of crime statistics -- not 

18    New York Post headlines, but crime statistics 

19    from around the country -- and found that members 

20    of the immigrant community are 50 percent less 

21    likely than native-born Americans to commit 

22    crimes.

23                 And then getting back to this notion 

24    of immigration as a federal issue, the reason 

25    New York State is spending $2.4 million in Aid to 


                                                               3219

 1    Municipalities -- that's what this section of the 

 2    budget is -- is because the federal government 

 3    has failed to do its job.  Particularly the House 

 4    majority has failed to do its job.  They control 

 5    the purse strings, and the New York members of 

 6    the House could have aided New York City and our 

 7    cities with this crisis, and they chose not to.  

 8    And a bipartisan immigration deal to finally fix 

 9    our immigration system and provide border 

10    security was not voted on, at the request of the 

11    former president, because he said he wanted to 

12    use it in the presidential campaign as a wedge 

13    issue.

14                 So I just stand here today to say 

15    that we are cleaning up the mess of the federal 

16    government.  This is humanitarian assistance, as 

17    we've heard -- food, clothing, medicine, the 

18    basic necessities of human life.  And it's really 

19    time that we put this back on the backs of the 

20    federal government and tell them to fix the 

21    immigration system and to fund this crisis once 

22    and for all.

23                 ACTING PRESIDENT COONEY:   Thank 

24    you, Senator Harckham.

25                 Senator Rolison, why do you rise?


                                                               3220

 1                 SENATOR ROLISON:   Mr. President, on 

 2    the bill.

 3                 ACTING PRESIDENT COONEY:   Senator 

 4    Rolison on the bill.

 5                 SENATOR ROLISON:   I want to thank 

 6    all of my colleagues on both sides of the aisle 

 7    for the discussion this evening on this bill and 

 8    others.  Also, listening to these discussions, 

 9    there's a lot of -- I would say, in my 

10    estimation -- unanswered questions surrounding 

11    funding to New York City for the migrant crisis.  

12                 I remember when we had our budget 

13    hearings earlier in the year there were questions 

14    to then-Mayor Adams, how much money was spent at 

15    that point in time.  It was his budget director, 

16    and it was not a lot of money spent at that time, 

17    but money allocated.  

18                 Also during those discussions there 

19    wasn't a lot of information on plans moving 

20    forward on just what was going to happen and how 

21    long this was going to take place.  We talked 

22    about $713 million allocated last year, 

23    $2.4 billion requested this year and allocated to 

24    the city.

25                 And then my colleague Senator 


                                                               3221

 1    Martins talking with Senator Krueger about 

 2    qualifications -- many things, to me, that just 

 3    seem to be unclear.  

 4                 And then I have not heard and I 

 5    didn't hear it today and I haven't heard it 

 6    previously, on what is the plan moving forward.  

 7    What has New York City said to the State of 

 8    New York -- or what has the State of New York 

 9    said to New York City on what are we going to do, 

10    how are we going to potentially shrink this aid 

11    or at some point in time possibly eliminate it?  

12                 And so this evening I was on the 

13    phone with one of the school superintendents from 

14    the 39th District who is looking at his school 

15    runs and looking at $750,000 in aid not restored.  

16    And to this particular school district, that is a 

17    lot of money.  This is a school district in high 

18    need.

19                 And I have not spoken to the other 

20    school districts, but by looking at some of the 

21    runs, they may be in similar circumstances.  

22    Which certainly is troubling because those are 

23    our children in our cities, in our communities.  

24    And that when this type of money is being 

25    expended, again, with a priority somewhat 


                                                               3222

 1    displaced -- I would say for sure -- guardrails 

 2    not necessarily being in place the way that I 

 3    think they should be, and hopefully at some point 

 4    in time they will be, but I don't think they are 

 5    right now -- this is a challenge.  This is a 

 6    challenge for the state.  This is a challenge for 

 7    all of us.  And I think it is just misguided in 

 8    that amount of money going from our local 

 9    districts to the City of New York at this 

10    particular time in time.  

11                 And Mr. President, for that reason 

12    and others, I'll be voting no on this bill.

13                 ACTING PRESIDENT COONEY:   Thank 

14    you, Senator Rolison.

15                 Senator Tedisco, why do you rise?

16                 SENATOR TEDISCO:   Will 

17    Senator Krueger yield for a bit of a discussion?  

18                 You're a little hesitant, Senator.

19                 ACTING PRESIDENT COONEY:   Will the 

20    sponsor yield?

21                 SENATOR KRUEGER:   Define 

22    "discussion."  

23                 (Laughter.)

24                 ACTING PRESIDENT COONEY:   Will the 

25    sponsor yield for questions?


                                                               3223

 1                 SENATOR KRUEGER:   I yield to 

 2    questions.

 3                 ACTING PRESIDENT COONEY:   Okay, the 

 4    sponsor yields for questions.

 5                 SENATOR TEDISCO:   Senator, first of 

 6    all, let me congratulate you for holding up so 

 7    well.

 8                 SENATOR KRUEGER:   Thank you.

 9                 SENATOR TEDISCO:   Does this lady 

10    deserve a round of applause or not?  I really 

11    think you do.

12                 (Applause.)

13                 SENATOR TEDISCO:   Thank you.

14                 SENATOR KRUEGER:   Appreciate it.

15                 SENATOR TEDISCO:   And I just want 

16    to say I always enjoy speaking with you, because 

17    we kind of see eye to eye, and that's a good 

18    thing, at least, you know, on this level.  

19                 I don't want to take up a tremendous 

20    amount of time, because I know it's late and 

21    we've got to get to the last bill.  But before I 

22    ask you the question I want to ask you, and I ask 

23    it in a heartfelt way, I just want to say like 

24    most of the people in the room here, most of my 

25    colleagues, I love New York State.  


                                                               3224

 1                 It's a beautiful state.  It has a 

 2    bit of a problem with outmigration.  There's an 

 3    exodus taking place, it looks like.  And I think 

 4    we agree, we have to change some things with the 

 5    agenda.  But I love it for the same reasons that 

 6    most of you love it.  It is the land of 

 7    immigration.  I have a little bit difference of 

 8    opinion about that subject, though, because I 

 9    know a lot of people say we're more the same than 

10    we are different, and that's what we should 

11    rejoice in.

12                 Senator, I feel as though we're more 

13    different than we are the same.  And I really 

14    rejoice in the different religions, the cultures, 

15    the religions, the backgrounds and interests when 

16    I discuss their lives with different people.  And 

17    I think the thing that binds us together as the 

18    greatest nation in the world is actually 

19    citizenship and the pride we have in it, being 

20    citizens of the United States of America.

21                 And I noticed you mentioned when you 

22    were talking about the $2.4 billion and how they 

23    could -- you used the term "incorporate into 

24    society" with some wonderful things.  I haven't 

25    heard you use the word "citizenship" yet or 


                                                               3225

 1    "citizens" yet in relationship to these -- I 

 2    won't call them illegal -- migrants, asylum 

 3    people, individuals coming to be part of this 

 4    great mosaic.  Haven't heard the word 

 5    "citizenship."  

 6                 And this is the question I want to 

 7    ask you, and I do it in a heartfelt way.  Do you 

 8    think there's anything redeeming about these 

 9    individuals having a pathway to citizenship and 

10    becoming citizens, not only redeeming to them to 

11    become citizens, but to the United States of 

12    America?  Do you feel that's a good thing, 

13    something we should urge and support and try to 

14    help move forward with?

15                 SENATOR KRUEGER:   Yes, I do.  

16                 And technically, getting asylee 

17    status and going through the process is the 

18    beginning of the path to citizenship.  Because as 

19    you know, there's many steps and many different 

20    ways to become citizens of this great country.  

21                 We might agree or not agree, but I 

22    personally believe our federal government should 

23    do a better job at clarifying our immigration 

24    policies, our citizenship policies.  I believe 

25    this country can absorb more people and actually 


                                                               3226

 1    needs more people.  And that's not even partisan.  

 2    There are Republicans all over this country that 

 3    say we need more people, we can't get our jobs 

 4    filled, we can't get our farms farmed.  There's 

 5    all kinds of opportunities.  

 6                 And -- so yes, I don't think the 

 7    word "citizenship" came up tonight because we 

 8    were talking about I believe a subpopulation of 

 9    asylees coming in right now.

10                 You know, and I was doing a lot of 

11    reading -- you know me.  I love to read.  So I 

12    was doing a lot of reading about immigration law 

13    and history, and I just kept listening to my 

14    colleagues talking about being so disturbed about 

15    all this, and even asking about having 

16    deportation policies.  

17                 Do you know the only places in this 

18    country where states ever set up deportation 

19    policies?  Massachusetts and New York, to throw 

20    out the Irish, starting in the 1850s.  Because 

21    they were dirty, they shouldn't work, they should 

22    go back to their home country -- where they were 

23    starving -- and get out of here.

24                 And it's well established and it's 

25    historical and it's frankly mortifying.  I'm not 


                                                               3227

 1    of Irish-American heritage.  I think quite a few 

 2    of us in this room are.  Oh, Tim Kennedy.

 3                 (Laughter.)

 4                 SENATOR KRUEGER:   I know for a fact 

 5    Tim Kennedy is from Irish-American heritage.

 6                 But we actually were so frightened 

 7    of large numbers of Irish coming from Ireland 

 8    because there was famine and starvation and 

 9    political chaos there, that they were coming 

10    here.  And they were poor, and they weren't 

11    educated, and we thought that they were diseased.  

12    And so we actually, New York and Massachusetts, 

13    passed its own laws to deport them home.  

14                 And then of course we probably do 

15    remember that the federal government made the 

16    horrendous decision to try to lock out Asians a 

17    little bit later because we thought there were 

18    too many coming across to California, and we got 

19    scared.  And I feel like that's the story now.  

20    That instead of talking about citizenship and the 

21    possibilities for the next generations of people 

22    in this country, we're afraid.  

23                 You know, I heard the reference to 

24    crime.  Is there some crime that is done by 

25    migrants and immigrants?  Yes.  Is there some 


                                                               3228

 1    crime done by people who have been here with 

 2    their families for hundreds of years?  Yes.  

 3    Nobody wants crime.  But there's no data that 

 4    shows that this universe of people we're talking 

 5    about now is more likely to commit crimes than 

 6    other new Americans.  And there's lots of 

 7    evidence that this universe of people coming in 

 8    right now can become amazing successful 

 9    Americans, great citizens.

10                 Why did they come here?  It was 

11    scary and dangerous at home.  Pretty much the 

12    same reason your grandparents might have come 

13    here, my grandparents came here.  We were 

14    escaping pogroms, and then later a family who 

15    stayed ended up escaping Nazis.  So we were 

16    coming here to save our lives.  But we wanted a 

17    better life for our children and our 

18    grandchildren.  And I think that's the story of 

19    almost everyone who's come here, no matter where 

20    they've come from.  

21                 And it's also amazing, if you look 

22    specifically at New York, because we're so good 

23    at this, how quickly people do get incorporated 

24    into our broader society.  Their children learn 

25    English quickly, go to our schools, please, go to 


                                                               3229

 1    our schools and get educated.  They're more 

 2    successful than their parents, and then they take 

 3    on responsibility for them.  

 4                 The City University system is filled 

 5    with first-generation Americans or immigrants.  

 6    Maybe they came here as young children.  Maybe 

 7    they came here as teenagers.  And they're rock 

 8    stars like just a few years later.

 9                 So yes, let's talk about 

10    citizenship.  Except you and I can't actually 

11    change that in the New York Senate because we 

12    both have to go to Congress.  There are a few of 

13    us apparently trying to go to Congress; maybe 

14    they can fix it for us.  But all we can do is try 

15    to do the best we can.  Not just for the people 

16    coming here, but that's actually doing the best 

17    we can for us also.  Because it addresses the 

18    concerns I'm hearing tonight -- what if they 

19    aren't getting immunized, what if their kids 

20    aren't going to school, what if they aren't going 

21    to school?  What if, what if, what if they commit 

22    crimes?  If we help them, all of those things 

23    decrease and become positives pretty quickly.  

24                 So I hope you'll join us in 

25    supporting this bill, because I think it's 


                                                               3230

 1    critically important for us to have these kinds 

 2    of conversations.

 3                 SENATOR TEDISCO:   Would the Senator 

 4    yield for another question?

 5                 ACTING PRESIDENT COONEY:   Will the 

 6    Senator yield for a question?

 7                 SENATOR KRUEGER:   Yes.

 8                 ACTING PRESIDENT COONEY:   The 

 9    Senator yields.  

10                 SENATOR TEDISCO:   So if there is 

11    redeeming factors in this $2.4 billion, are there 

12    any policies or expenditures to advocate or 

13    provide advocates to help them become citizens?  

14    Because when you said it's -- only the federal 

15    government can make that happen, no, we can make 

16    it happen here if we provide them an avenue and 

17    some assimilation into citizenship.

18                 SENATOR KRUEGER:   $116 million is 

19    for legal services and case management, to assist 

20    them to complete their paperwork and start on 

21    their path to citizenship, yes.

22                 SENATOR TEDISCO:   Would the 

23    gentlewoman yield again for a question?  

24                 ACTING PRESIDENT COONEY:   Does the 

25    sponsor yield?


                                                               3231

 1                 SENATOR KRUEGER:   Yes.

 2                 ACTING PRESIDENT COONEY:   The 

 3    sponsor yields.

 4                 SENATOR TEDISCO:   Now, you 

 5    mentioned that we're very good at embracing and 

 6    keeping and helping those who need asylum.  But 

 7    the last time I checked, Governor Hochul and the 

 8    Mayor have sanctioned -- when they say we're the 

 9    place to come and beat their chests, we're the 

10    asylum community, not so much.  Because they put 

11    them on buses and sent them to upstate New York 

12    near my district.  

13                 And for someone to say they're 

14    asylum acceptors and then brag about it and then 

15    have them come, it kind of resembles a type of 

16    hypocrisy.  And then the other day one of the 

17    reports said Republicans are not saying good 

18    things -- some of which you mentioned -- about 

19    the immigrants.  Well, it was the Mayor who said 

20    they're destroying New York City, wasn't it?  I 

21    thought I heard him say that.  It's being 

22    destroyed by all these immigrants that are coming 

23    here.  Am I mistaken about that?

24                 SENATOR KRUEGER:   No, I think the 

25    Mayor has been a little bit schizophrenic on the 


                                                               3232

 1    positions he's taken.  

 2                 So originally:  Come on down.  And 

 3    then:  No, it's going to ruin the world.  Then he 

 4    went to the border and handed out flyers saying 

 5    "Don't come to New York."  

 6                 And yes, he has sent some migrants 

 7    on buses to upstate New York.  I think he quickly 

 8    learned the mistake of doing that unless he had 

 9    actually called up that county or that town and 

10    said, Let's make a deal.  And some have said yes, 

11    and that's working.

12                 So I think it's been a growth curve.  

13    But I certainly -- I'll get a call tomorrow that 

14    I just said he was a little bit schizophrenic on 

15    this.  That's okay.  Apparently it's freewheeling 

16    in here tonight, whoever you're mad at.

17                 But yes, he's been inconsistent with 

18    his messaging.  But also it's been mortifying -- 

19    and I hope you think so too -- that we have 

20    governors in other states who are forcing people 

21    on the buses and taking them to New York even 

22    when they didn't ask to come here.  Don't you 

23    find that a little weird?  

24                 SENATOR TEDISCO:   Well, I think -- 

25    can I answer that question?  


                                                               3233

 1                 SENATOR KRUEGER:   I'm sorry, you're 

 2    right, I asked a question.  

 3                 Through you, Mr. President, if I 

 4    could ask -- 

 5                 ACTING PRESIDENT COONEY:   Will you 

 6    yield, Senator Tedisco? 

 7                 SENATOR TEDISCO:   Yes, I would.

 8                 ACTING PRESIDENT COONEY:   Okay, he 

 9    yields.

10                 SENATOR TEDISCO:   So the irony is 

11    when Texas sent them here, and everybody was 

12    complaining, What's wrong with them, your mayor 

13    did the same thing that he did, sent them to 

14    upstate New York.  

15                 So, you know, they both may be a 

16    little bit wrong.  But what your mayor found out 

17    is how it feels to be overridden by a whole group 

18    of people that you're not ready to assimilate 

19    into your community.  And that's the problem.  

20                 And when we say we're -- the 

21    problem's at the border, I agree with that a 

22    hundred percent.  But we don't exacerbate the -- 

23    we shouldn't exacerbate it by kicking the can 

24    down the road, treating them like pawns on a 

25    chessboard, and saying, well, I can't take care 


                                                               3234

 1    of them here, once you said you were the 

 2    Sanctuary City, because the Capital Region could 

 3    say we have our own problems here, let's send 

 4    them to Syracuse.  Then Syracuse would say, We 

 5    have too many homeless people here.  Let's send 

 6    them to Rochester.  Rochester could say, let's 

 7    send them to Buffalo.  And it doesn't make sense.

 8                 So if -- somebody said we have to 

 9    have a plan.  I think it was this fine gentleman 

10    next to me.  We do need a plan.  And we don't 

11    have a plan.  The federal government doesn't have 

12    a plan, and the State of New York doesn't have a 

13    plan.  And the plan of kicking the can down the 

14    road is not working.  

15                 SENATOR KRUEGER:   But we could have 

16    a plan.

17                 SENATOR TEDISCO:   What is it?

18                 SENATOR KRUEGER:   You kept saying 

19    it's New York City.  But to be honest, it's 

20    New York State, but New York City's been the only 

21    one who's actually been willing to take on a huge 

22    and giant responsibility for the number of people 

23    coming there.

24                 And so I do believe that it is 

25    incumbent on the entire State of New York to play 


                                                               3235

 1    a role here and to make sure people are 

 2    distributed throughout the state.  And so I don't 

 3    think it's unreasonable when the City of New York 

 4    asks us for money, because they actually are the 

 5    ones, my city, who have all the people coming 

 6    there and mostly staying there for now until they 

 7    can spread out.  

 8                 So I do think it's in the best 

 9    interests of the state to have a statewide plan.  

10    It's the right thing to do for the State of 

11    New York to be investing in this.  And in fact, 

12    if you don't like how the city is handling it, 

13    let's sit down and come up with a statewide plan 

14    for programs and services throughout New York, 

15    because that is a better answer.  I would love to 

16    see us do that.

17                 SENATOR TEDISCO:   Thank you, 

18    Senator.

19                 Thank you, Mr. President.

20                 ACTING PRESIDENT COONEY:   Senator 

21    Gianaris.

22                 SENATOR GIANARIS:   I just wanted to 

23    remind Senator Stec -- I know he also is on the 

24    list to debate the bill -- we have five minutes 

25    left on this bill, and that's even considering 


                                                               3236

 1    that a substantial amount of time was taken up by 

 2    one of our members.

 3                 ACTING PRESIDENT COONEY:   Thank 

 4    you.  

 5                 Senator Stec, why do you rise?

 6                 SENATOR STEC:   I rise to close on 

 7    the bill.

 8                 (Laughter.)

 9                 ACTING PRESIDENT COONEY:   Senator 

10    Stec on the bill.

11                 SENATOR STEC:   Thank you, 

12    Mr. President.

13                 To be clear, the vast majority of 

14    people in this migration crisis that our country 

15    is facing are not legitimate asylum seekers.  

16    They are here illegally.  They are illegal 

17    immigrants.  Okay?  So let's be honest with the 

18    public about that.  

19                 Now, that said, $2.4 billion is a 

20    lot of money.  To put it in a little perspective, 

21    though, the state's budget, $237 billion, more 

22    than Texas and Florida combined.  We've heard 

23    that before.  This bill is about Aid to 

24    Localities.  Let's talk about Aid to Localities.  

25                 $2.4 billion.  To give you an idea, 


                                                               3237

 1    we all get advocates knocking on our door 

 2    throughout the budget process.  Every year it's 

 3    the same ones.  So the big chunks of money here 

 4    that we gnash teeth over year in and year out 

 5    that are annual parts of the budget:  CHIPS, 

 6    local roads, $600 million.  The Environmental 

 7    Protection Fund, $400 million.  There's a billion 

 8    dollars right there.  The increase to Foundation 

 9    Aid this year, $1.3 billion.  Those three things 

10    alone are $2.3 billion.  

11                 There's your $2.4 billion to go to 

12    immigration to New York City for a crisis that 

13    they invited, they were warned about, they 

14    ignored, they sought, and then they pretended 

15    they were surprised when it hit and they tried to 

16    walk it back.  And then now we're trying to blame 

17    the federal government and the House, the 

18    one-third of the branches of government that's in 

19    Republican control.

20                 Nursing homes, $285 million.  We -- 

21    they wanted another $200 million.  We said no.  

22    We put illegal immigrant funding ahead of our 

23    elderly and our nursing homes.  I've got a list 

24    of places that are begging for money.  Nursing 

25    homes, firehouses, local roads, hospitals, 


                                                               3238

 1    cell service, broadband service.  This is about 

 2    priorities, and a $2.4 billion price tag jumps 

 3    off the page at me.  

 4                 And I just rattled off big chunks of 

 5    the budget that we fight with.  And when we go 

 6    back home, we tell everyone, we're sticking up 

 7    for you.  It adds up fast.  But the EPF, CHIPS, 

 8    we're spending a lot more money on illegal 

 9    immigration than on EPF, CHIPS, and the increase 

10    in Foundation Aid.  

11                 Those are upside-down priorities.  

12    This is a bad budget.  It's bad for New York.

13                 ACTING PRESIDENT COONEY:   Thank 

14    you, Senator Stec.

15                 Debate is now closed.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   Mr. President, 

18    we've agreed to restore this bill to the 

19    noncontroversial calendar.

20                 ACTING PRESIDENT COONEY:   The bill 

21    is restored to the noncontroversial calendar.

22                 There is a substitution at the desk.

23                 The Secretary will read.

24                 THE SECRETARY:   Senator Krueger 

25    moves to discharge, from the Committee on 


                                                               3239

 1    Finance, Assembly Bill Number 8803D and 

 2    substitute it for the identical Senate Bill 

 3    8303D, Third Reading Calendar 846.

 4                 ACTING PRESIDENT COONEY:   The 

 5    substitution is so ordered.

 6                 The Secretary will read.

 7                 THE SECRETARY:   Calendar Number 

 8    846, Assembly Print 8803D, Assembly Budget Bill, 

 9    an making appropriations for the support of 

10    government.

11                 ACTING PRESIDENT COONEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT COONEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT COONEY:   Senator 

19    Brouk to explain her vote.

20                 SENATOR BROUK:   Thank you, 

21    Mr. President.  

22                 You know, I think throughout this 

23    evening we've heard a lot of things we can be 

24    proud of in this bill.  But there are a couple of 

25    things that I, as a representative of the City of 


                                                               3240

 1    Rochester and Monroe County, would like to point 

 2    out.  

 3                 The truth is with the passing of 

 4    this bill specifically, there will be an 

 5    undeniably positive impact on the City of 

 6    Rochester, a city that has been chronically 

 7    underfunded from the state.  So much so that last 

 8    year my office released a report highlighting how 

 9    not only have we been underfunded, but you can 

10    see a direct correlation between underfunding of 

11    our city and increases in childhood poverty, 

12    concentrated poverty, and even violence.

13                 After over a decade of fighting and 

14    trying to tell the story of how the City of 

15    Rochester and our surrounding area needs greater 

16    funding, we've finally been able to actually 

17    achieve increased funding for our city.  In this 

18    bill not only will we be bringing $25 million in 

19    anti-poverty funding to help alleviate especially 

20    our childhood poverty in the City of Rochester, 

21    but we will also bring a much-needed increase in 

22    AIM funding to the City of Rochester.  

23                 And quickly, the second thing that 

24    will undeniably improve the lives of not just 

25    Rochesterians but really folks all across 


                                                               3241

 1    New York State, is that we continue to make 

 2    meaningful progress when it comes to transforming 

 3    our mental health crisis response system.  

 4                 We've all heard the story of 

 5    Daniel Prude and his tragic death in the City of 

 6    Rochester.  Last year we passed a task force to 

 7    study the implementation of Daniel's Law so that 

 8    we can transform mental health response in this 

 9    state.  And this year we once again are making 

10    unprecedented investments in making sure that we 

11    treat these types of mental health crises and 

12    substance use crises as the public health crises 

13    that they are.  

14                 For those reasons and so many more, 

15    I proudly vote aye.  Thank you.  

16                 ACTING PRESIDENT COONEY:   Senator 

17    Brouk to be recorded in the affirmative.

18                 Senator Mattera to explain his vote.

19                 SENATOR MATTERA:   Thank you, 

20    Mr. President.  

21                 Just listening to everybody's 

22    debates here today, it's been a very, very 

23    interesting night.  Everybody's tired, but this 

24    is just so, so important.  

25                 Two-point-four billion dollars going 


                                                               3242

 1    to the migrant -- illegal migrant crisis that our 

 2    Governor and our Mayor of New York City created.  

 3    I had a conversation with the Governor.  I told 

 4    her straight to her face at Kings Park High 

 5    School, I said, Governor, there you are, going to 

 6    cut Foundation Aid money in this school 

 7    district -- which everybody got their numbers.  

 8    It's amazing that -- the numbers that were cut.  

 9    Foundation Aid went away, but guess what happens?  

10    Our school districts got cut with monies, 

11    $2.4 billion.  So our school aid money was cut to 

12    go to $2.4 billion.  

13                 Senator Krueger mentioned also 

14    $750 million last year.  That number is not 

15    correct.  It's $1.9 billion.  So now, this year 

16    and last year, that's $4.3 billion that went to 

17    this illegal migrant crisis, all the taxpayers' 

18    monies.  

19                 All New Yorkers need to know what is 

20    happening with this budget here today.  And 

21    everybody needs to know that that's our 

22    hardworking money that we put into this state to 

23    go to good things, not things for illegal 

24    migrants that are coming here.  It's not their 

25    fault, because we have a Governor and we have a 


                                                               3243

 1    Mayor of New York that is allowing this that's 

 2    blaming the federal government.  

 3                 That is not the truth, everybody 

 4    here.  It's not the federal government.  I want 

 5    to know who's paying for the airline flight 

 6    tickets?  Who's paying for the bus tickets?  

 7    Who's paying for the $400 a night right now with 

 8    two hotels that are up here, a couple of hotels?  

 9    Four hundred dollars a night.  A thousand dollars 

10    a month credit cards.  

11                 It's amazing, I know a lot of --

12                 ACTING PRESIDENT COONEY:   Senator 

13    Mattera, how do you vote?

14                 SENATOR MATTERA:   -- people with 

15    food insecurities that right now they could use 

16    that, New York State resident taxpayers.

17                 ACTING PRESIDENT COONEY:   Senator 

18    Mattera, how do you vote?  

19                 SENATOR MATTERA:   Do you realize 

20    that we have a 4.5 percent unemployment rate?  

21    That equates to 250,000 -- 

22                 (Overtalk.)

23                 SENATOR GIANARIS:   Mr. President.  

24    Mr. President.  

25                 (Overtalk.)


                                                               3244

 1                 ACTING PRESIDENT COONEY:   Senator 

 2    Gianaris.

 3                 (Overtalk.)

 4                 SENATOR GIANARIS:   Senator Mattera, 

 5    we've been very generous -- excuse me, 

 6    Senator Mattera.

 7                 SENATOR MATTERA:   Oh.

 8                 SENATOR GIANARIS:   We've been very 

 9    generous with the time.  We added time when one 

10    of our members took a lot --

11                 SENATOR MATTERA:   All right.  Thank 

12    you so much, Mr. President.  

13                 SENATOR GIANARIS:   If we don't want 

14    to be here all night, which we might be anyway, 

15    we've got to adhere to the rules of the Senate.  

16                 Thank you.

17                 ACTING PRESIDENT COONEY:   Senator 

18    Mattera to be recorded in the negative.

19                 Senator Helming to explain her vote.

20                 SENATOR HELMING:   Thank you, 

21    Mr. President.  I rise to explain why I'm voting 

22    no on this budget bill.  

23                 Our school districts -- and I want 

24    to say I appreciate the bipartisan support that 

25    went into doing something much better for our 


                                                               3245

 1    schools than what the Governor had originally 

 2    proposed.  

 3                 But our school districts are not 

 4    receiving their fair share of Foundation Aid 

 5    funding again.  And why?  Because the Foundation 

 6    Aid formula is broken.  It hasn't been adjusted 

 7    to account for inflation, so our schools are 

 8    actually going to see a decrease.  And that 

 9    applies to almost 37 schools in my district.  And 

10    really the losers are our children, our future 

11    leaders.  They're being shortchanged.  

12                 On the spending proposed in this 

13    bill, the 2.4 billion for migrants, I'd prefer 

14    that those tax dollars -- and my constituents 

15    prefer that they be directed to programs for our 

16    veterans, our seniors, and teens who have been on 

17    the waitlist forever for housing, counseling, and 

18    medical services.  

19                 There were fingers pointed earlier 

20    at who's to blame for the migrant crisis.  I 

21    blame President Biden.  He's failing to take 

22    action to secure our borders and keep our 

23    citizens safe.  

24                 And there was a mention about a 

25    Stanford University study.  Well, I want to read 


                                                               3246

 1    you one of the headlines very quickly from that 

 2    study, which I think maybe contradicts what was 

 3    said earlier.  It says "Lawful and Mutually 

 4    Beneficial Migration Pathways Work."  That's not 

 5    what we have in the United States of America or 

 6    the State of New York right now.

 7                 Mr. President, I vote no.

 8                 ACTING PRESIDENT COONEY:   Senator 

 9    Helming to be recorded in the negative.

10                 Senator Chu to explain her vote.

11                 SENATOR CHU:   Thank you, 

12    Mr. President.

13                 I rise to express my support and 

14    appreciation for the vital investments for 

15    education, the AAPI community, our libraries, and 

16    critical funding for our 4201 schools.  

17                 To start, this budget provides a 

18    continued $30 million investment to our AAPI 

19    communities.  While our Asian New Yorkers still 

20    experience extreme hate in all forms, it is time 

21    to secure investments for our safety, housing, 

22    healthcare and mental health needs.  

23                 I thank my colleagues who are 

24    following through with their commitment to 

25    support our AAPI community.  But for those on the 


                                                               3247

 1    other side who say they are with us but refuse to 

 2    take actions, I must say words of support can no 

 3    longer be enough.  I would encourage everyone to 

 4    follow through on your vocal commitments to our 

 5    community and put them into real actions.

 6                 I'm thankful to see the increase in 

 7    funding for our libraries.  While it is not 

 8    nearly enough to make our libraries whole, I'm 

 9    still disappointed in the funding that remains 

10    flat for 18 years for library materials.  

11                 Increases in both state aid and 

12    construction aid which we passed earlier this 

13    evening will begin to provide libraries with the 

14    resources they need to continue their work as the 

15    access point for education and literacy for 

16    New Yorkers at all ages.  And I will continue 

17    fighting for our libraries to ensure they are 

18    properly funded.

19                 Lastly, I'm glad to see the 

20    investment in our 4201 schools, which addresses 

21    many crucial and necessary needs for the 

22    students, teachers and administrators.  This 

23    funding will assist in workforce retention, 

24    development and infrastructure investments.  The 

25    teachers, counselors, therapists and all other 


                                                               3248

 1    support staff at every school -- 

 2                 ACTING PRESIDENT COONEY:   Senator 

 3    Chu, how do you vote?  

 4                 SENATOR CHU:   -- at every school 

 5    serve as leaders and mentors of students, and the 

 6    children deserve to be served with as 

 7    high-quality education as every --

 8                 (Overtalk.)

 9                 ACTING PRESIDENT COONEY:   Senator 

10    Chu, how do you vote?  

11                 SENATOR CHU:   I vote yes, proudly.  

12                 Thank you, Mr. President.

13                 ACTING PRESIDENT COONEY:   Senator 

14    Chu to be recorded in the affirmative.

15                 Senator Weber to explain his vote.

16                 SENATOR WEBER:   Thank you, 

17    Mr. President.  

18                 It's been a long evening.  But, you 

19    know, the common theme I think throughout a lot 

20    of these budget bills have been disappointment by 

21    both sides on a lot of the spending hopes that we 

22    all wanted within these budget bills.  

23                 And you know, when I look at these 

24    Foundation Aid -- the school-aid runs in this 

25    book, I see a common theme.  I see funding 


                                                               3249

 1    increases in the city, Foundation Aid basically 

 2    in the main -- New York City and the other big 

 3    cities increasing.  I see Westchester, Suffolk, 

 4    Nassau, Rockland, Sullivan, Ulster, Orange, 

 5    Dutchess with a lot of zeroes.  A lot of school 

 6    districts getting zero funding.  And that's 

 7    disappointing, because we need that Foundation 

 8    Aid for our schools' viabilities.

 9                 You know, we have crumbling 

10    infrastructure.  We have -- as we talked earlier, 

11    we had nonprofits, direct service providers 

12    seeing major cutbacks in what they expected to 

13    get in COLA increases and in wage supplements.  

14                 There are a lot of things that we 

15    need to be prioritizing better in this budget.  I 

16    think we've lost a great opportunity to do that 

17    this year once again.  

18                 I'll be voting no on this budget 

19    bill, and hopefully next year we get it right.

20                 Thank you.

21                 ACTING PRESIDENT COONEY:   Senator 

22    Weber to be recorded in the negative.

23                 Senator May to explain her vote.

24                 SENATOR MAY:   Thank you, 

25    Mr. President.


                                                               3250

 1                 For the first time in 16 years, 

 2    municipalities all around this state outside of 

 3    New York City will be getting an increase in AIM 

 4    funding.  This is something that every single 

 5    municipal leader that I talk to has asked for.  

 6    This is something they have been hoping for for 

 7    years and years.  

 8                 We have had flat funding since 2012.  

 9    And it actually went down for four or five years 

10    before that, so that it peaked in 2009.  And now 

11    we are raising AIM funding above -- higher than 

12    it has ever been.

13                 For my city of Syracuse, this is 

14    absolutely critical because cities -- a lot of 

15    our upstate cities find themselves in this 

16    position where almost all their land is off the 

17    tax rolls.  We have three hospitals, five 

18    universities, two interstate highways, city, 

19    state, federal, county government buildings.  We 

20    have lots of not-for-profits, and it's impossible 

21    to raise money through the property tax system.

22                 So this AIM funding is absolutely 

23    critical to keeping these cities running.  And I 

24    am very proud that we have finally broken this 

25    terrible streak of flat funding for AIM and hope 


                                                               3251

 1    that this is the beginning of fulfilling the 

 2    promise of increasing aid on an annual basis.

 3                 I vote aye.

 4                 ACTING PRESIDENT COONEY:   Senator 

 5    May to be recorded in the affirmative.

 6                 Senator Weik to explain her vote.

 7                 SENATOR WEIK:   Thank you, 

 8    Mr. President.

 9                 I am not going to give away 

10    $2.4 billion hard-earned taxpayer dollars to 

11    illegal migrants when, for example, we have 

12    schools that are just about to lay off hundreds 

13    of teachers.  Teachers, taxpayers, educators -- 

14    they're part of our community.  Teachers' jobs -- 

15    it's an exchange, teachers' jobs for money for 

16    illegal migrants.  

17                 That's not my priority.  In fact, I 

18    have a long list of things that I would rather 

19    spend $2.4 billion on if we're going to spend 

20    that kind of money.  Irresponsibly handing over 

21    money to New York City for a self-made crisis 

22    with no accountability is not on my list.  

23                 I say no, and I'll be voting in the 

24    negative.

25                 ACTING PRESIDENT COONEY:   Senator 


                                                               3252

 1    Weik to be recorded in the negative.

 2                 Announce the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 846, those Senators voting in the 

 5    negative are Senators Ashby, Borrello, 

 6    Canzoneri-Fitzpatrick, Griffo, Helming, Lanza, 

 7    Martins, Mattera, Murray, Oberacker, O'Mara, 

 8    Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, 

 9    Weber and Weik.

10                 Ayes, 41.  Nays, 19.

11                 ACTING PRESIDENT COONEY:   The bill 

12    is passed.

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   Please recognize 

15    Senator Lanza for an announcement.

16                 ACTING PRESIDENT COONEY:   Senator 

17    Lanza.  

18                 SENATOR LANZA:   Thank you, 

19    Senator Gianaris.  

20                 There will be an immediate meeting 

21    of the Republican Conference in Room 315.

22                 ACTING PRESIDENT COONEY:   Senator 

23    Gianaris.

24                 SENATOR GIANARIS:   And there will 

25    also be an immediate meeting of the 


                                                               3253

 1    Democratic Conference in Room 332.

 2                 The Senate will stand at ease.

 3                 ACTING PRESIDENT COONEY:   The 

 4    Senate stands at ease.

 5                 (Whereupon, the Senate stood at ease 

 6    at 10:42 p.m.)

 7                 (Whereupon, the Senate reconvened at 

 8    11:36 p.m.)

 9                 ACTING PRESIDENT COONEY:   The 

10    Senate will come to order.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Hello, 

13    Mr. President.  

14                 Pursuant to Rule 5, and without 

15    objection, I move that the Senate stay in session 

16    past the hour of midnight tonight.

17                 ACTING PRESIDENT COONEY:   Without 

18    objection, in accordance with Senate Rule 5, 

19    Section 2, the Senate will remain in session.

20                 SENATOR GIANARIS:   The Senate will 

21    stand at ease.

22                 ACTING PRESIDENT COONEY:   The 

23    Senate will stand at ease.

24                 (Whereupon, the Senate stood at ease 

25    at 11:37 p.m.)


                                                               3254

 1                 (Whereupon, the Senate reconvened at 

 2    10:50 a.m.) 

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    Senate will return to order.  

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Hello, 

 7    Madam President.  Welcome back.  

 8                 There will be an immediate meeting 

 9    of the Finance Committee in Room 332.

10                 ACTING PRESIDENT PERSAUD:   There 

11    will be an immediate meeting of the 

12    Finance Committee in Room 332.

13                 SENATOR GIANARIS:   We'll go back at 

14    ease for a short period of time.

15                 ACTING PRESIDENT PERSAUD:   The 

16    Senate will stand at ease.

17                 (Whereupon, the Senate stood at ease 

18    at 10:51 a.m.)

19                 (Whereupon, the Senate reconvened at 

20    11:03 a.m.)

21                 ACTING PRESIDENT PERSAUD:   The 

22    Senate will return to order.

23                 Senator Gianaris.  

24                 SENATOR GIANARIS:   Madam President, 

25    I understand there are reports of the 


                                                               3255

 1    Finance Committee at the desk.  

 2                 Can we please take them up.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    Secretary will read.

 5                 THE SECRETARY:   Senator Krueger, 

 6    from the Committee on Finance, reports the 

 7    following bills:  

 8                 Senate Print 8300D, Senate Budget 

 9    Bill, an act making appropriations for the 

10    support of government;

11                 Senate Print 8306C, Senate Budget 

12    Bill, an act to amend the Education Law.

13                 Both bills reported direct to third 

14    reading.

15                 SENATOR GIANARIS:   Move to accept 

16    the Finance Committee reports.

17                 ACTING PRESIDENT PERSAUD:   All 

18    those in favor accepting the Finance Committee 

19    reports signify by saying aye.

20                 (Response of "Aye.")

21                 ACTING PRESIDENT PERSAUD:   Opposed, 

22    nay.

23                 (No response.)

24                 ACTING PRESIDENT PERSAUD:   The 

25    reports of the Finance Committee are accepted.


                                                               3256

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   Let's take up 

 3    the supplemental calendar, please.  

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    Secretary will read.

 6                 THE SECRETARY:   Calendar Number 

 7    849, Senate Print 8306C, Senate Budget Bill, an 

 8    act to amend the Education Law.

 9                 SENATOR GIANARIS:   Is there a 

10    message of necessity at the desk?  

11                 ACTING PRESIDENT PERSAUD:   There is 

12    a message at the desk.

13                 SENATOR GIANARIS:   Move to accept 

14    the message of necessity.  

15                 ACTING PRESIDENT PERSAUD:   All 

16    those in favor of accepting the message please 

17    signify by saying aye.

18                 (Response of "Aye.")

19                 ACTING PRESIDENT PERSAUD:   Opposed, 

20    nay.

21                 (Response of "Nay.")

22                 ACTING PRESIDENT PERSAUD:   The 

23    message is accepted, and the bill is before the 

24    house.

25                 SENATOR LANZA:   Lay it aside.


                                                               3257

 1                 ACTING PRESIDENT PERSAUD:   Lay it 

 2    aside.

 3                 SENATOR GIANARIS:   Madam President, 

 4    let's take up the controversial calendar.  

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    Secretary will ring the bell.

 7                 The Secretary will read.

 8                 THE SECRETARY:   Calendar Number 

 9    849, Senate Print 8306C, Senate Budget Bill, an 

10    act to amend the Education Law.

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Lanza, why do you rise?

13                 SENATOR LANZA:   Good morning, 

14    Madam President.

15                 ACTING PRESIDENT PERSAUD:   Good 

16    morning, Senator.

17                 SENATOR LANZA:   Madam President, I 

18    believe there is an amendment at the desk.  I 

19    waive the reading of that amendment and ask that 

20    you recognize Senator Rolison.

21                 ACTING PRESIDENT PERSAUD:   Thank 

22    you, Senator Lanza.  

23                 Upon review of the amendment, in 

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

25    nongermane and out of order at this time.


                                                               3258

 1                 SENATOR LANZA:   Accordingly, 

 2    Madam President, I appeal the ruling of the chair 

 3    and ask that Senator Rolison be heard on that 

 4    appeal.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    appeal has been made and recognized, and 

 7    Senator Rolison may be heard.

 8                 Senator Rolison.

 9                 SENATOR ROLISON:   Good morning, 

10    Madam President.  

11                 I rise to appeal the ruling of the 

12    chair.  The proposed amendment is germane to the 

13    bill at hand because the amendment expands and 

14    improves on many of the sections proposed in the 

15    bill before us.

16                 There are multiple sections in the 

17    bill before us that contain proposals that 

18    continue to erode and hurt the quality of life of 

19    our state.  

20                 First, let's discuss housing.  There 

21    is next to nothing in this bill that will make a 

22    real change in the communities many of us 

23    represent.  We need to incentivize homeownership, 

24    improve access to affordable housing options in 

25    our communities, and help protect homeowners 


                                                               3259

 1    against squatters.  

 2                 Our amendment would make the changes 

 3    necessary to assist our communities by providing 

 4    tax credits to first-time homebuyers to make the 

 5    American dream more affordable.  

 6                 Home renovation tax exemptions to 

 7    provide property tax relief to homeowners who 

 8    invest in their property.  This will incentivize 

 9    the revitalization of our existing housing stock, 

10    bringing abandoned and dilapidated homes back to 

11    life.

12                 Also measures for homeowners to 

13    effectively remove squatters.  Means testing for 

14    rent-regulated housing to ensure that affordable 

15    housing units are occupied by those who actually 

16    need them.  

17                 Additionally, Madam President, our 

18    amendment focuses on those most important in the 

19    state, our children.  This amendment would 

20    protect our students and educators, as the bill 

21    before us takes a step back from what was 

22    promised as far as funding for local school 

23    districts, and will result in many layoffs.  

24                 Our amendment keeps the 

25    Foundation Aid full funding, restoring a 


                                                               3260

 1    3 percent minimum for all school districts and 

 2    restoring the current CPI growth factor law, as 

 3    was promised for all districts across the state.

 4                 We also aim to help our working 

 5    parents and children, our families, by including 

 6    a childcare program capital improvement tax 

 7    credit which will provide financial assistance to 

 8    childcare providers to enhance, expand and 

 9    improve access to quality childcare, covering the 

10    costs of necessary improvements and upgrades.  It 

11    would ultimately increase access to quality 

12    childcare that is affordable and reliable.

13                 Lastly, Madam President, our 

14    amendment would also prioritize hardworking 

15    New York citizens over illegal migrants that the 

16    Democrats continue to prioritize with services 

17    and policies that jeopardize the quality of life 

18    for New Yorkers.

19                 Now, migrants coming to New York 

20    City and the state are being provided prepaid 

21    debit cards for food assistance, which in some 

22    cases, Madam President, exceed the amounts 

23    provided to families residing in the 

24    United States legally by more than 30 percent.

25                 For instance, the average family of 


                                                               3261

 1    four receives $973 per month through SNAP, while 

 2    migrant families of four are reportedly receiving 

 3    $1,400 per month, as stated in a recent Newsweek 

 4    article.  

 5                 The $1400 amount also surpasses the 

 6    monthly compensation provided to military 

 7    veterans with a 50 percent disability rating, who 

 8    just receive $1255 per month with a spouse and 

 9    child.  Now, this is unfair to our veterans and 

10    our citizens receiving SNAP benefits.  

11                 This amendment aims to ensure 

12    fairness and equity in the distribution of public 

13    funds by preventing migrants from receiving 

14    higher monthly benefits from other eligible 

15    populations such as the recipients of SNAP and 

16    veterans' disability compensation.

17                 Our veterans and citizens receiving 

18    SNAP should not take a second seat to anyone who 

19    just arrived.  The well-being and financial 

20    security of our own citizens who depend on these 

21    vital assistance programs come first, 

22    Madam President.  And New Yorkers are deeply 

23    dissatisfied with the direction of our state.  

24    This amendment prioritizes their needs.  

25                 For these reasons, Madam President, 


                                                               3262

 1    I strongly urge you to reconsider your ruling.

 2                 ACTING PRESIDENT PERSAUD:   Thank 

 3    you, Senator.

 4                 I want to remind the house that the 

 5    vote is on the procedures of the house and the 

 6    ruling of the chair.  

 7                 Those in favor of overruling the 

 8    chair, signify by saying aye.

 9                 (Response of "Aye.")

10                 SENATOR LANZA:   Show of hands.

11                 ACTING PRESIDENT PERSAUD:   A show 

12    of hands has been requested and so ordered.

13                 Announce the results.

14                 THE SECRETARY:   Ayes, 19.

15                 ACTING PRESIDENT PERSAUD:   The 

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

17    is before the house.

18                 Read the last section.

19                 THE SECRETARY:   Section 3.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT PERSAUD:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Palumbo.  


                                                               3263

 1                 SENATOR PALUMBO:   Thank you, 

 2    Madam President.  

 3                 I wasn't sure if we laid it aside or 

 4    not yet.  But I think we did.  

 5                 I have a few questions, if I may, 

 6    about a couple of different sections.  I'd like 

 7    to start with Section KK.  Whomever is handling 

 8    that, I wonder if they would yield for a moment.

 9                 ACTING PRESIDENT PERSAUD:   One 

10    second.  One second.  

11                 SENATOR KRUEGER:   Can you repeat 

12    the sections?  Sorry.

13                 ACTING PRESIDENT PERSAUD:   Section 

14    KK.

15                 SENATOR KRUEGER:   I'm sorry, I 

16    thought our Housing chair was here, but I'll do 

17    my best for you.

18                 ACTING PRESIDENT PERSAUD:   Senator, 

19    do you yield?  

20                 SENATOR KRUEGER:   Yes, I do.

21                 ACTING PRESIDENT PERSAUD:   The 

22    Senator yields.

23                 SENATOR PALUMBO:   Terrific.  Thank 

24    you, Senator Krueger.

25                 With respect to this section -- 


                                                               3264

 1                 SENATOR KRUEGER:   I'm so sorry to 

 2    interrupt, but look who just came in.

 3                 SENATOR PALUMBO:   Ah.  Surprise, 

 4    surprise.

 5                 SENATOR KRUEGER:   So do you mind if 

 6    I hand it off to him?  

 7                 SENATOR PALUMBO:   Certainly not.  

 8    Thank you.

 9                 SENATOR KRUEGER:   Thank you.

10                 Senator Brian Kavanagh.  

11                 ACTING PRESIDENT PERSAUD:   Senator 

12    Kavanagh, do you yield?

13                 SENATOR KAVANAGH:   I suppose.  

14                 (Laughter.)

15                 ACTING PRESIDENT PERSAUD:   The 

16    Senator yields.

17                 SENATOR PALUMBO:   Thank you, 

18    Senator Kavanagh, and good morning.

19                 With respect to Section KK, which 

20    provides for developing of sites owned by state 

21    municipalities, nonprofits, community land 

22    trusts, this is something that was contemplated 

23    in the Governor's Executive Budget with respect 

24    to the Southampton SUNY campus.  So I just would 

25    like to clarify some of those areas, if we could.


                                                               3265

 1                 That specifically, as far as the 

 2    state sites that are chosen or used, will we need 

 3    ground lease legislation for each of those sites?  

 4                 For example, if we're going to put 

 5    housing on a State University campus or 

 6    state-owned piece of property, will we need to do 

 7    a separate ground lease -- which has, I think, 

 8    typically been the process -- or can they just 

 9    have another type of approval process outside the 

10    scope of the Legislature?  

11                 SENATOR KAVANAGH:   Through you, 

12    Madam President.  Just to note, this is -- 

13    Part KK is our New York Housing for the Future 

14    Homeownership and Rental Housing Program.  It is 

15    what's been called sometimes informally 

16    Mitchell-Lama 2.0, and it is our effort to create 

17    a new entity within HCR that will produce new 

18    housing, both rentals and homeowner 

19    opportunities, throughout the state.  

20                 As my colleague notes, there is an 

21    emphasis in this bill on using public land for 

22    that purpose, although not -- this provision is 

23    not exclusively for public land.  And it is only 

24    loosely related to the provision the Governor 

25    proposed in the Executive Budget, which has not 


                                                               3266

 1    made it into the adopted budget, wherein the 

 2    Governor specified three properties that might be 

 3    suitable for housing.  

 4                 And there was legislation -- there 

 5    was statutory language in the Executive Budget 

 6    that was intended to authorize those to be used 

 7    for that purpose.  And in testimony at our budget 

 8    hearing, the Commissioner of Housing indicated 

 9    that those particular sites were included in the 

10    Executive Budget because the Executive believed 

11    that they needed specific statutory authorization 

12    to use those properties in that way.  

13                 And so absent that statutory 

14    authorization, assuming that testimony was 

15    correct, in order to proceed with those plans for 

16    those properties, presumably some further 

17    statutory authorization would be required.

18                 SENATOR PALUMBO:   Will you continue 

19    to yield, please, Senator Kavanagh.

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    Senator yield?  

22                 SENATOR KAVANAGH:   Yes, 

23    Madam President.

24                 ACTING PRESIDENT PERSAUD:   The 

25    Senator yields.


                                                               3267

 1                 SENATOR PALUMBO:   Thank you.  

 2                 And just so it's crystal-clear, so 

 3    there would be subsequent legislation on ground 

 4    leases required, but ultimately that authority, I 

 5    guess, would come from the Legislature, even for 

 6    future projects?  

 7                 SENATOR KAVANAGH:   Again, through 

 8    you, Madam President, I'm relying on the 

 9    testimony of our Housing Commissioner, who tends 

10    to be very knowledgeable and well-briefed on 

11    these things.  And the assertion at that hearing 

12    was that the use of that land in that way would 

13    require statutory authorization, and that 

14    authorization is certainly not included in this 

15    bill or in any other part of the budget that I'm 

16    aware of.

17                 SENATOR PALUMBO:   Terrific.  Thank 

18    you.  Would you continue to yield, please.  

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    Senator yield?

21                 SENATOR KAVANAGH:   Yes, 

22    Madam President.

23                 ACTING PRESIDENT PERSAUD:   The 

24    Senator yields.  

25                 SENATOR PALUMBO:   Thank you, 


                                                               3268

 1    Senator.  

 2                 Subdivision 3 of Section 1 addresses 

 3    the management of these co-op projects.  Would a 

 4    private developer qualify with approval from DHCR 

 5    as a corporation for that purpose?  

 6                 SENATOR KAVANAGH:   Through you, 

 7    Madam President, if my colleague could repeat, 

 8    there's a lot of dense text in front of me.  

 9    Which portion of the bill?  I just want to make 

10    sure we're talking about the same thing.

11                 SENATOR PALUMBO:   I believe it was 

12    subdivision 3 of Section 1.  So 1, sub 3.  With 

13    respect to management.  And I have the language 

14    itself.

15                 SENATOR KAVANAGH:   Oh, you're 

16    referring to subdivision 3 of Section 1290 of the 

17    new Article 32, I believe, right?  It's at the 

18    bottom of page 124, line 53.

19                 SENATOR PALUMBO:   I believe so, 

20    yes.

21                 SENATOR KAVANAGH:   Right.  

22                 Yeah, so this is intended to -- 

23    again, the general purpose of this provision is 

24    to create new homeownership opportunities.  

25                 Obviously these projects would have 


                                                               3269

 1    to be designated, designed, funded and built 

 2    before you would raise the question of how 

 3    they're going to be managed.  But this is -- this 

 4    bill sets various parameters, and one of the 

 5    parameters is the provision my colleague refers 

 6    to regarding how they might be -- what the range 

 7    of options would be for managing these projects 

 8    once they are complete.  

 9                 And if I understood the question 

10    correctly, this process would be overseen by a 

11    new division of HCR that would be created.

12                 SENATOR PALUMBO:   Would the Senator 

13    continue to yield.

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    Senator yield?  

16                 SENATOR KAVANAGH:   Yes, 

17    Madam President.

18                 ACTING PRESIDENT PERSAUD:   The 

19    Senator yields.

20                 SENATOR PALUMBO:   Thank you, 

21    Senator.  

22                 And it's more of a specific 

23    question, I guess, just to be clear, that if a 

24    ground lease were provided, say, to a private 

25    developer, and just say, Knock yourself out, 


                                                               3270

 1    build these many units, build it on the 

 2    Southampton campus, although it would be 

 3    supervised by DHCR -- I just want to see, for the 

 4    purposes of legislative intent, that this -- even 

 5    though it's a private corporation, this 

 6    public-private partnership would be allowed and 

 7    that corporation would ultimately be appropriate 

 8    to manage the property.

 9                 So does that seem okay to you?  

10                 SENATOR KAVANAGH:   Yes.  Through 

11    you, Madam President, the expectation would be 

12    that these projects would be proposed and 

13    designed and built, and they would be managed by 

14    a corporate entity which could include a 

15    not-for-profit corporation, for the purpose of 

16    providing homeownership.

17                 SENATOR PALUMBO:   Thank you, 

18    Senator.  

19                 Would you yield for one or two more 

20    questions on this issue, please.  

21                 ACTING PRESIDENT PERSAUD:   Does the 

22    Senator yield?  

23                 SENATOR KAVANAGH:   Yes, 

24    Madam President.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               3271

 1    Senator yields.

 2                 SENATOR PALUMBO:   There's one other 

 3    section regarding any regulatory agreement that's 

 4    executed pursuant to this program, there will be 

 5    a requirement that the maintenance fees increase 

 6    by a minimum percentage annually and that such -- 

 7    to keep it affordable, of course -- and that it 

 8    be in good repair.  

 9                 So I think the question is -- and it 

10    doesn't necessarily define those rates, the wage 

11    rates or the fee schedule and the minimum annual 

12    percentage increases.  Can we have some insight 

13    as to what would be acceptable under the program?  

14                 SENATOR KAVANAGH:   Through you, 

15    Madam President.  These projects would presumably 

16    be done in a manner that's common for publicly 

17    subsidized housing projects, where there would be 

18    a regulatory agreement that would specify terms.  

19    The legislation is laying out more or less the 

20    topics that would need to be addressed in a 

21    regulatory agreement.  

22                 But the specific terms would 

23    probably vary based on, you know, the size of the 

24    project, the income to which the project is 

25    targeted.  This bill sets a maximum of 


                                                               3272

 1    130 percent of the area median income, but there 

 2    could be projects that are -- that have more deep 

 3    affordability.  And of course geographic 

 4    variability, type of housing, a number of other 

 5    things would go into that.  

 6                 But presumably a nonprofit 

 7    corporation or a corporation developing one of 

 8    these projects would enter into an agreement with 

 9    HCR that would specify those terms and be 

10    mutually acceptable to the owner of the project 

11    and to the state.

12                 SENATOR PALUMBO:   Very good.  

13                 And just if you would yield for one 

14    more question on that.

15                 ACTING PRESIDENT PERSAUD:   Does the 

16    Senator yield?  

17                 SENATOR KAVANAGH:   Yes, 

18    Madam President.

19                 ACTING PRESIDENT PERSAUD:   The 

20    Senator yields.  

21                 SENATOR PALUMBO:   Thank you, 

22    Senator.  

23                 And again, just so it's 

24    crystal-clear, Housing and Community Renewal 

25    would determine the rate, but it would ultimately 


                                                               3273

 1    be something that's agreed through the agency, 

 2    agreed upon with the developer.  Is that 

 3    accurate?  

 4                 SENATOR KAVANAGH:   Through you, 

 5    Madam President.  Presumably HCR would make it 

 6    known that there are opportunities to develop 

 7    particular kinds of housing with particular 

 8    parameters.  

 9                 And one or more entities that have 

10    the capacity to develop that would propose, and 

11    then presumably they would enter into an 

12    agreement that was, you know, in an arm's length 

13    transaction with the state agency.  So there's 

14    no -- presumably nobody would be forced to build 

15    housing if they don't think the terms work for 

16    them.

17                 SENATOR PALUMBO:   Very good.  Thank 

18    you, Senator.

19                 Madam President, if I may move on to 

20    Part HH, the good-cause section.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Salazar, do you yield?  

23                 SENATOR SALAZAR:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    Senator yields.


                                                               3274

 1                 SENATOR PALUMBO:   Thank you, 

 2    Madam President.  

 3                 And good morning, Senator Salazar, 

 4    how are you?

 5                 SENATOR SALAZAR:   Good morning.

 6                 SENATOR PALUMBO:   So I have a few 

 7    questions with respect -- kind of globally 

 8    regarding this type of legislation.  Because this 

 9    act will take effect immediately, correct?  

10                 SENATOR SALAZAR:   Correct.

11                 SENATOR PALUMBO:   Thank you.  

12                 Through you, Madam President, would 

13    Senator Salazar continue to yield?  

14                 ACTING PRESIDENT PERSAUD:   Senator, 

15    do you yield?

16                 SENATOR SALAZAR:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    Senator yields.  

19                 SENATOR PALUMBO:   Thank you, 

20    Senator.

21                 And with respect to constitutional 

22    mandates -- and I'm sure you're familiar with 

23    something called the contracts clause, where we 

24    have it in the State Constitution as well as the 

25    United States Constitution.  And I'll just read a 


                                                               3275

 1    little bit to just refresh our colleague's 

 2    recollection, that a law violates the contracts 

 3    clause when it operates as a substantial 

 4    impairment of a contractual relationship and it's 

 5    not, quote, drawn in an appropriate and 

 6    reasonable way to advance a significant and 

 7    legitimate public purpose.

 8                 So in light of the fact that this 

 9    act takes effect immediately -- and if I'm 

10    someone who has a lease that was signed on 

11    April 1, 2024, that extends for a year, this will 

12    in effect, if signed and passed today, modify 

13    that contract by legislation, which was 

14    specifically prohibited not only by the New York 

15    Constitution but by the United States 

16    Constitution.  

17                 So can you try and reconcile that 

18    for me on -- as to how this is even 

19    constitutional to do this?  

20                 SENATOR SALAZAR:   Through you, 

21    Madam President.  So I will note that this 

22    legislation does not modify any contract.  And we 

23    know that this legislation is constitutionally 

24    sound, despite the interpretation of my 

25    colleague.


                                                               3276

 1                 SENATOR PALUMBO:   Would 

 2    Senator Salazar continue to yield.  

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    Senator yield?  

 5                 SENATOR SALAZAR:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    Senator yields.  

 8                 SENATOR PALUMBO:   Thank you, 

 9    Senator.  

10                 And there was just recently a couple 

11    of cases in the Southern District of New York 

12    regarding contracts-clause interpretations.  They 

13    were New York City cases.  

14                 And the one that somewhat struck me, 

15    that there was a local law in the city also known 

16    as the Guarantee Law, which rendered permanently 

17    unenforceable personal liability guarantees of 

18    commercial leases arising during the COVID-19 

19    pandemic.  And the court held that it violated 

20    the contracts clause.  In so holding, the court 

21    found that the Guarantee Law substantially 

22    impaired existing contracts between the landlords 

23    and tenants, and the means chosen to accomplish 

24    the law's purpose was not reasonable and 

25    necessary.  And particularly, the court stressed 


                                                               3277

 1    the permanent restriction of the landlord's 

 2    ability to enforce personal guarantees.  

 3                 So in that regard, if I signed, for 

 4    example, that same lease that I just signed a 

 5    week or two ago, and it has agreed-upon 

 6    contractually negotiated increases in rent that 

 7    exceed the parameters in this current bill, are 

 8    they still enforceable?  Meaning can the landlord 

 9    still collect rents that are in excess of the 

10    parameters outlined within this bill?  

11                 So if it's a five-year plus a 

12    five-year, an option for an additional five years 

13    with a certain level of increases, that's 

14    inconsistent with the caps provided for in this 

15    budget bill.

16                 (Pause.)

17                 SENATOR SALAZAR:   Through you, 

18    Madam President, this is -- this legislation is 

19    fundamentally different from the rent guarantee 

20    legislation in New York City law which had 

21    applied to commercial tenants.  This legislation 

22    exclusively applies to residential tenants.  

23                 But additionally, we know that this 

24    legislation is constitutional, just as rent 

25    control has been deemed constitutional for a 


                                                               3278

 1    century.

 2                 SENATOR PALUMBO:   Thank you.  

 3                 Madam President, will the sponsor 

 4    continue to yield?  

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    Senator yield?  

 7                 SENATOR SALAZAR:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Senator yields.

10                 SENATOR PALUMBO:   And I do 

11    appreciate that, Senator Salazar.  

12                 And that was -- although that did 

13    apply to commercial leases and this will be 

14    applying to residential leases, as far as that 

15    contracts clause is concerned, that the 

16    limitations for rent control, for example, were 

17    prospective.  Right?  And now that this is 

18    mandating an effective-immediately prohibition on 

19    rent increases, for example, we could also 

20    negotiate.  And I did use a commercial lease -- 

21    or I didn't actually specify whether it was 

22    commercial or residential.  

23                 But in that same example, if this 

24    were a residential lease that was signed on 

25    April 1st that had annual increases in excess of 


                                                               3279

 1    the prohibitions here, that would be an illegal 

 2    lease and would ultimately be void, am I correct 

 3    in saying that?  If this ultimately passes.  

 4                 But right now, as of 11:25 on 

 5    today's date, those leases are valid.  They will 

 6    be invalid in the event this is signed in the 

 7    next day.  So would you clarify that for me, 

 8    please?  

 9                 SENATOR SALAZAR:   Through you, 

10    Madam President.  This legislation would not 

11    invalidate someone's lease that is currently in 

12    effect if they've agreed to pay a certain amount 

13    in rent for a certain period of time.  This 

14    legislation would not interfere with their 

15    existing lease in that way.  

16                 Additionally, I'll note that this 

17    legislation does not technically prohibit a 

18    landlord from increasing the rent or providing a 

19    tenant with a lease that would increase the rent 

20    even above the local rent standard that is noted 

21    in the legislation.

22                 Rather, it would give a tenant a 

23    rebuttable presumption against eviction under 

24    certain circumstances in court, and would 

25    consider rent increases where this applies, in 


                                                               3280

 1    residential dwellings where this applies, to be 

 2    unreasonable if higher than the local rent 

 3    standard.  It would presume them unreasonable but 

 4    would permit a landlord to rebut that 

 5    presumption.

 6                 SENATOR PALUMBO:   Will the sponsor 

 7    continue to yield?  

 8                 ACTING PRESIDENT PERSAUD:   Does the 

 9    Senator yield?

10                 SENATOR SALAZAR:   Yes.

11                 ACTING PRESIDENT PERSAUD:   The 

12    Senator yields.  

13                 SENATOR PALUMBO:   Thank you, 

14    Senator.  

15                 So just so I'm clear, then, if they 

16    have -- and I believe it's 5 percent plus CPI, or 

17    10 percent.  Are those the restrictions that 

18    we're talking about?  

19                 SENATOR SALAZAR:   Through you, 

20    Madam President, yes.  Five percent plus CPI, 

21    which is the definition of the inflation index in 

22    this bill, or 10 percent, whichever is lower.  

23    Which at the present moment, the inflation index 

24    would be a little bit lower than 10 percent.

25                 SENATOR PALUMBO:   Will the sponsor 


                                                               3281

 1    continue to yield.

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    Senator yield?  

 4                 SENATOR SALAZAR:   Yes.

 5                 ACTING PRESIDENT PERSAUD:   The 

 6    Senator yields.

 7                 SENATOR PALUMBO:   And just so I'm 

 8    clear -- because this is somewhat nuanced, the 

 9    legislation.  So if I have a written lease -- 

10    just to complete that thought, if you don't 

11    mind -- if I have a written lease for 11 percent 

12    annual increases, which is in excess of the 

13    standard here, you said it would be presumed to 

14    be invalid.  

15                 If I fail to pay rent, what -- how 

16    could the landlord rebut the presumption that the 

17    11 percent, nice and clear, is in excess of 

18    10 percent -- how can you rebut the presumption 

19    that that is a fair amount of rent next year, in 

20    2025, when it goes up by 11 percent?  

21                 SENATOR SALAZAR:   Through you, 

22    Madam President, there are certain reasons that a 

23    landlord can cite that are actually explicitly 

24    mentioned in this bill.  

25                 But the legislation does not prevent 


                                                               3282

 1    a landlord from citing other reasons that they 

 2    could potentially cite, such as they have faced 

 3    property tax increases, their financial 

 4    circumstances have changed in any way that, you 

 5    know, they believe justifies a rent increase 

 6    above the local rent standard, say to 11 percent.  

 7                 There is nothing in this legislation 

 8    that prevents a landlord from presenting that in 

 9    order to justify a rent increase if in fact, 

10    let's say, the landlord currently has a tenant 

11    with a valid lease and at the end of that lease 

12    the landlord seeks to increase the rent by 

13    11 percent or another amount above the local rent 

14    standard.

15                 SENATOR PALUMBO:   Will the sponsor 

16    continue to yield?  

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    Senator yield?  

19                 SENATOR SALAZAR:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    Senator yields.  

22                 SENATOR PALUMBO:   Okay, thank you.  

23                 So that -- the justification, then, 

24    for being in excess of the 10 percent would have 

25    to be expenses that you've incurred.  Does that 


                                                               3283

 1    make sense?  Just generally speaking, is that -- 

 2    because I remember reading something like that.  

 3    Substantial repairs, if property taxes are 

 4    increased, then you can go over that 10 percent, 

 5    is that accurate?  

 6                 SENATOR SALAZAR:   Through you, 

 7    Madam President, those are absolutely valid 

 8    reasons or potentially valid reasons that a 

 9    landlord could cite in court to justify a rent 

10    increase.

11                 SENATOR PALUMBO:   Thank you.  

12                 Will the sponsor continue to yield?  

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    Senator yield?  

15                 SENATOR SALAZAR:   Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    Senator yields.

18                 SENATOR PALUMBO:   Thank you, 

19    Senator Salazar.  

20                 And so if, in my example, that 

21    11 percent -- it's a brand-new building.  There 

22    are no other repairs needed.  And next year it 

23    goes up 11 percent purely for profit to the 

24    landlord.  Is that justifiable under this 

25    legislation?


                                                               3284

 1                 SENATOR SALAZAR:   Through you, 

 2    Madam President.  That rent increase -- and I'll 

 3    just note for units, properties where the 

 4    good-cause-eviction law applies, that rent 

 5    increase would be presumed unreasonable.  

 6                 However, the landlord would be able 

 7    to present that in court, and it ultimately is at 

 8    the discretion of a judge to determine whether or 

 9    not they are justified in increasing the rent by 

10    that amount.

11                 SENATOR PALUMBO:   Thank you.  

12                 Will the sponsor continue to yield? 

13                 ACTING PRESIDENT PERSAUD:   Does the 

14    Senator yield?  

15                 SENATOR SALAZAR:   Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    Senator yields.

18                 SENATOR PALUMBO:   Thank you.

19                 And do we have any sort of 

20    clarification or a list of what a justifiable 

21    increase in rent would be?  Or is it fully left 

22    to the discretion of the court to determine 

23    whether or not it's reasonable?  Do we have a 

24    list of reasonable situations, by any chance?

25                 SENATOR SALAZAR:   Through you, 


                                                               3285

 1    Madam President.  While there are situations that 

 2    are explicitly mentioned in the legislation that 

 3    a landlord could cite, such as their property 

 4    taxes increasing, it is not by any means an 

 5    exhaustive list of reasons that a landlord could 

 6    potentially cite to justify what is otherwise a 

 7    presumed unreasonable rent increase.

 8                 SENATOR PALUMBO:   Will the sponsor 

 9    continue to yield.

10                 ACTING PRESIDENT PERSAUD:   Will the 

11    Senator yield?  

12                 SENATOR SALAZAR:   Yes.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Senator yields.  

15                 SENATOR PALUMBO:   Senator, would 

16    these restrictions apply to rent-regulated units?  

17                 SENATOR SALAZAR:   Through you, 

18    Madam President, no.

19                 SENATOR PALUMBO:   Will the sponsor 

20    continue to yield.  

21                 ACTING PRESIDENT PERSAUD:   Will the 

22    Senator yield?  

23                 SENATOR SALAZAR:   Yes.

24                 ACTING PRESIDENT PERSAUD:   The 

25    Senator yields.


                                                               3286

 1                 SENATOR PALUMBO:   Outside of 

 2    New York City, if a municipality opts into this 

 3    new good-cause, these terms, and ultimately 

 4    decides maybe a year or so later that it is not 

 5    working for them, can they opt out?

 6                 SENATOR SALAZAR:   Through you, 

 7    Madam President.  While that situation is not 

 8    explicitly addressed in this legislation, I will 

 9    note that there is a 10-year sunset for this 

10    legislation.  And so what a -- what we do know 

11    for certain is that a municipality -- it would no 

12    longer be in effect after the sunset.  At least 

13    not automatically.

14                 SENATOR PALUMBO:   Would the sponsor 

15    continue to yield.

16                 ACTING PRESIDENT PERSAUD:   Does the 

17    Senator yield?  

18                 SENATOR SALAZAR:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    Senator yields.

21                 SENATOR PALUMBO:   So -- and I 

22    believe this was -- paragraph C of Section 7 

23    indicated that it would remain in force for those 

24    10 years, or 2034.  So if someone adopts it next 

25    year, they won't able to repeal their opt-out 


                                                               3287

 1    until the sunset in 2034, is that accurate?  

 2                 SENATOR SALAZAR:   Through you, 

 3    Madam President, the bill does not directly speak 

 4    to that situation.

 5                 SENATOR PALUMBO:   Would the sponsor 

 6    continue to yield.

 7                 SENATOR SALAZAR:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Senator yields.

10                 SENATOR PALUMBO:   So in this 

11    legislation -- for example, we do it all the time 

12    here, when they're about to sunset, we renew them 

13    for an additional period of time.  If we extend 

14    this in legislative session 2033 for another 

15    10 years, would the municipality or agency still 

16    be required to remain in this program?  

17                 SENATOR SALAZAR:   Through you, 

18    Madam President.  I will also note that there is 

19    nothing that prevents this body from taking 

20    legislative action sooner than the 10 years if we 

21    determine that localities need the law to be 

22    changed in order to do what they see fit for 

23    their locality.

24                 SENATOR PALUMBO:   Will the sponsor 

25    continue to yield.


                                                               3288

 1                 ACTING PRESIDENT PERSAUD:   Does the 

 2    Senator yield?  

 3                 SENATOR SALAZAR:   Yes.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    Senator yields.

 6                 SENATOR PALUMBO:   Thank you.  

 7                 And Senator, regarding -- just to 

 8    back up a little bit, I just thought of another 

 9    question regarding if a landlord fails to prove 

10    that the rent increase of 11 percent is 

11    reasonable.  What's the sanction?  Do they 

12    forfeit the extra money?  Can they still evict 

13    the person?  Please explain that to me.

14                 SENATOR SALAZAR:   Through you, 

15    Madam President.  This happens in an eviction 

16    proceeding that is brought by the landlord.  If 

17    the rent increase that the landlord is demanding 

18    is determined by the court to be unreasonable, 

19    the tenant would then not owe that rent increase.  

20    They would only owe what they have agreed to pay 

21    to the landlord.

22                 SENATOR PALUMBO:   If the sponsor 

23    will continue to yield.

24                 ACTING PRESIDENT PERSAUD:   Does the 

25    Senator yield?  


                                                               3289

 1                 SENATOR SALAZAR:   Yes.

 2                 ACTING PRESIDENT PERSAUD:   The 

 3    Senator yields.

 4                 SENATOR PALUMBO:   And so, 

 5    Senator -- in this situation, though, they have 

 6    agreed, by way of a written contract.  So I guess 

 7    my question is, do they pay up to the cap, the 

 8    5 percent plus CPI or 10 percent, whichever is 

 9    less?  Or do they just pay whatever they feel 

10    like paying?  

11                 So when you say whatever they've 

12    agreed to, they previously agreed to these 

13    provisions of the lease.  It was openly signed, 

14    and in this example there was no duress or any 

15    reason to void it.  They said, This is great, I 

16    love the place, I'll stay there for an 11 percent 

17    annual increase.

18                 SENATOR SALAZAR:   Through you, 

19    Madam President.  I'll note that there is nothing 

20    in this legislation that would prevent a tenant 

21    from agreeing to a rent increase, even if it is 

22    above the local rent standard.  Maybe they don't 

23    want to go to Housing Court.  Maybe they just 

24    don't want the hassle.  Maybe they can afford it.  

25    Maybe they just really love their landlord and 


                                                               3290

 1    want to pay them more money.  All of those things 

 2    are serious possibilities under this legislation.

 3                 However, if a -- if a rent increase 

 4    that is presumed unreasonable is then found to be 

 5    unreasonable, determined to be unreasonable by 

 6    the court in this situation, the tenant would 

 7    still be expected to pay an amount up to the -- 

 8    the amount that is deemed reasonable, the local 

 9    rent standard in terms of a rent increase.

10                 SENATOR PALUMBO:   Will the sponsor 

11    yield for another question or two.

12                 ACTING PRESIDENT PERSAUD:   Does the 

13    Senator yield?

14                 SENATOR SALAZAR:   Yes.

15                 ACTING PRESIDENT PERSAUD:   The 

16    Senator yields.  

17                 SENATOR PALUMBO:   So that is a 

18    rebuttable presumption I believe you 

19    mentioned. So it would be presumed unreasonable 

20    unless the landlord can overcome the presumption, 

21    is that accurate?  

22                 SENATOR SALAZAR:   Through you, 

23    Madam President.  In situations where this bill 

24    applies, where the landlord is not exempt, yes, 

25    that is accurate.


                                                               3291

 1                 SENATOR PALUMBO:   Thank you, 

 2    Senator Salazar.

 3                 On the bill, please, 

 4    Madam President.

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Palumbo on the bill.

 7                 SENATOR PALUMBO:   So we all agree 

 8    in New York State that there is a very 

 9    significant issue regarding housing.  You may 

10    recall last year we passed a housing bill that I 

11    carried for the five eastern towns that created a 

12    fund to help with affordable housing.  It was 

13    adopted by all the town boards, four out of the 

14    five East End towns.  It went to referendum, and 

15    the residents passed it in East Hampton Town, 

16    Southampton Town, on Shelter Island, and in the 

17    town where I live, in Southold Town.  Riverhead, 

18    there were some adjustments made to a community 

19    preservation fund that they weren't able to 

20    handle yet.  But this is -- it's widely 

21    supported, and we get it.

22                 And the concern with this 

23    legislation -- and I'm speaking just to 

24    good-cause.  There are a number of other issues 

25    that my colleagues will address -- this is going 


                                                               3292

 1    to destroy the housing market outside of New York 

 2    City.  The housing market, quite frankly, in 

 3    New York City has already been fixed for how many 

 4    years, and that housing market is not a good one.  

 5    It's unfortunately one of the worst in the 

 6    country.

 7                 So now that we're providing all of 

 8    these restrictions on just people agreeing -- so 

 9    Madam President, when someone agrees to occupy a 

10    home that's not theirs, they enter a contract and 

11    they agree to pay a certain amount for that home.  

12    We are now, by legislation, I believe in direct 

13    violation of our Constitution in New York and the 

14    United States Constitution, by -- we're changing 

15    the terms by legislation, which is strictly 

16    prohibited.

17                 So we're leaving this to an 

18    arbitrary decision.  It's presumed an 

19    unreasonable increase if it's outside the 

20    parameters of this bill, despite the fact that 

21    everyone agreed to it.  

22                 This legislation takes effect 

23    immediately.  Many other states have imposed some 

24    type of iteration of this type of good-cause in 

25    some respects, and they always had maybe the 


                                                               3293

 1    first year they have some commonsense additions 

 2    to it -- that it doesn't take effect immediately, 

 3    give the landlords some time to catch their 

 4    breath.  

 5                 And what's even more concerning is 

 6    you may have, in some of these municipalities, a 

 7    brand-new mayor, someone who feels excited about 

 8    doing what they believe is the right thing for 

 9    their community.  They opt in, and what happens?  

10    What will happen is similar to what's happening 

11    in New York State, in New York City today.  

12                 Because when 421-a expired, there 

13    were just under 50 -- in 2022, which is the year 

14    it expired, the 2022 applications to build 

15    affordable units were just under 50,000 permit 

16    applications in the five boroughs.  Last year 

17    there were under 10,000, a 78 percent reduction 

18    in applications to build affordable units.  

19                 So what happens here?  And this is 

20    really the dynamic that I think it's -- it's 

21    naive and it's contrary to what every economist 

22    on the planet will tell you.  That there's a give 

23    and take when it comes to investing in real 

24    estate.  And the reason why other states are 

25    seeing a boom in construction is because it's 


                                                               3294

 1    cheaper to build.  And it is because, 

 2    Madam President, they have an obligation to make 

 3    a couple of bucks.  They're not charitable 

 4    organizations.  

 5                 And so when you think about this, 

 6    the market has traditionally averaged around 

 7    10 percent over the last hundred years annually.  

 8    Why would one of these real estate investment 

 9    trusts, with hundreds of millions of dollars to 

10    invest in the great State of New York, when they 

11    see this type of legislation coming down and say, 

12    Well, you're going to restrict my ability to 

13    recoup improvements, you're going to restrict my 

14    ability to actually create a beautiful place that 

15    I invest into, that I put more money into, that I 

16    keep looking nice, I have replaced the roof when 

17    there's leaks -- why would they want to spend 

18    that money here when they can go elsewhere and 

19    make a better return?  

20                 So it's a very delicate balance that 

21    we need to strike here.  And this, unfortunately, 

22    will be devastating, in my opinion, with -- if -- 

23    in the event it's implemented and in the event it 

24    is found to be constitutional.  

25                 But quite frankly, this is a taking.  


                                                               3295

 1    This is -- you are modifying the value of 

 2    someone's property by legislation.  So forget 

 3    about even the contracts clause.  We are now 

 4    devaluing all these other properties that are 

 5    otherwise firing on all pistons now, because in 

 6    the event a municipality chooses to opt in, then 

 7    just like that, with the stroke of a pen, they 

 8    can't opt out if it's not working for them, 

 9    they're stuck with it, and you've now got a huge 

10    diminution of property values.  

11                 Because how do you evaluate 

12    commercial property, even residential units, 

13    multi-unit properties?  What's the net operating 

14    income?  Here's our gross income.  Here are our 

15    operating expenses, property taxes, insurances, 

16    maintenance, snow removal.  And this little 

17    window here is your NOI, your net operating 

18    income.  

19                 So a good number is usually 

20    10 percent.  In some of these more exclusive 

21    areas, maybe 6 percent.  Now we're going to be 

22    restricted to maybe even 5 or less.

23                 And this is a bigger wrinkle, and 

24    the last comment I'm going to make.  This is what 

25    you see in New York City, that when you have a 


                                                               3296

 1    capped increase, what are you going to do as a 

 2    businessperson?  If I have something go really 

 3    bad, particularly now outside of the city, and 

 4    you have a four-unit, five-unit mom-and-pop type 

 5    of place, if my boiler goes, I'm going to have to 

 6    come up with 10 grand.  So every single year 

 7    you're going to beat the drum and you're going to 

 8    go to the maximum rent increase every time.  

 9                 And that is what is continuing to 

10    inflate the rent costs.  So when you look at the 

11    costs in New York City, everyone's like, oh my 

12    God, the rent's too damn high.  It is.  Because 

13    those people that have chosen to slug it out and 

14    stay here, they have an operation to run that 

15    needs to pay for stuff.  Needs to pay for roof 

16    repairs.  It's expensive to own property.  

17                 So Madam President, I don't want to 

18    belabor it too much, but this section of this 

19    budget bill is horrendously unconstitutional, 

20    unfortunately.  And for those reasons -- and many 

21    others -- I'll be voting no.

22                 Thank you very much.

23                 ACTING PRESIDENT PERSAUD:   Thank 

24    you, Senator.

25                 Senator Lanza.


                                                               3297

 1                 SENATOR LANZA:   I rise, 

 2    Madam President, to see whether or not the good 

 3    Senator would yield to one or two questions.  

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Salazar, do you yield?  

 6                 SENATOR SALAZAR:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    Senator yields.

 9                 SENATOR LANZA:   Thank you.  

10                 Through you, Madam President.  

11    During the conversation or debate between 

12    Senators Palumbo and Salazar concerning the 

13    constitutionality of this legislation, I thought 

14    I heard the sponsor say that it does not 

15    invalidate leases.  

16                 And it is my understanding that 

17    good-cause cannot exist without the invalidation 

18    of lease agreements.  What I mean by this is if a 

19    landlord and a tenant agree upon a lease that has 

20    a term of month to month or six-month or 

21    one year, that at the end of that agreed-upon 

22    lease either the tenant or the landlord can say 

23    "We're parting ways."

24                 Now, if what Senator Salazar said is 

25    true, then there is no so-called good-cause 


                                                               3298

 1    eviction.  So my question is if in fact the 

 2    landlord and tenant enter an agreement that has a 

 3    term of one year, is that valid or not if this 

 4    becomes law?

 5                 SENATOR SALAZAR:   Through you, 

 6    Madam President.  Just as rent stabilization, 

 7    while it is a different mechanism and a different 

 8    kind of protection for tenants than good-cause 

 9    eviction -- just as rent stabilization does not 

10    invalidate leases, the good-cause-eviction law 

11    also does not invalidate a lease that a tenant 

12    has right now with their landlord.  

13                 But it does give protections for the 

14    tenant against unjust evictions and unreasonable 

15    rent increases.

16                 SENATOR LANZA:   Would the sponsor 

17    yield, Madam President?  

18                 ACTING PRESIDENT PERSAUD:   Does the 

19    Senator yield?  

20                 SENATOR SALAZAR:   Yes.

21                 ACTING PRESIDENT PERSAUD:   The 

22    Senator yields.  

23                 SENATOR LANZA:   Through you, 

24    Madam President.

25                 If this law says that a lease 


                                                               3299

 1    agreement between a landlord and a tenant for a 

 2    period of one year no longer means that the 

 3    landlord can opt, according to that agreement, to 

 4    evict the tenant, then this would invalidate 

 5    leases.  

 6                 So I will just ask one more time, 

 7    and then I'll speak on the bill, whether or not 

 8    that is what this bill does.

 9                 SENATOR SALAZAR:   Through you, 

10    Madam President.  This bill does not invalidate 

11    an existing lease.  

12                 If at the end of that lease period 

13    the landlord seeks to evict the tenant, just as 

14    right now under existing law, eviction is a legal 

15    proceeding.  A landlord could bring a case for -- 

16    they could bring a case for nonpayment, which 

17    I'll note is explicitly identified in this 

18    legislation as good cause to evict, nonpayment of 

19    rent that was -- that the tenant agreed to pay.  

20                 If a landlord brings a holdover 

21    eviction, right, under existing law, eviction is 

22    a legal proceeding.  That is the only lawful way 

23    to evict a tenant.  But we wouldn't say that 

24    going through an eviction proceeding under 

25    current law invalidates someone's lease, just as 


                                                               3300

 1    we would also -- we wouldn't say that rent 

 2    stabilization, because it gives tenants certain 

 3    rights to a lease renewal, that it invalidates 

 4    their existing lease.

 5                 This is also true for good-cause 

 6    eviction.  It does not invalidate the lease 

 7    between a tenant and a landlord.

 8                 SENATOR LANZA:   Madam President, on 

 9    the bill.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Lanza on the bill.

12                 SENATOR LANZA:   Thank you, 

13    Senator Salazar.

14                 Madam President, I hope that 

15    Senator Salazar is correct.  Because if she is, 

16    there is no so-called good-cause eviction as has 

17    been described by my colleagues across the aisle.

18                 I think we have been -- when we 

19    spoke, we talked across each other.  What I am 

20    speaking of, Madam President, is that when you 

21    have an agreement between a landlord and a tenant 

22    that says the lease agreement -- the lease, the 

23    tenancy, by operation of that agreement ends 

24    after whatever period has been agreed upon -- 

25    month to month, six-month, one year, five-year -- 


                                                               3301

 1    when that comes to an end, a landlord need 

 2    simply, under the current state of our property 

 3    rights and the law in the State of New York, need 

 4    simply notify the tenant:  Hey, we had an 

 5    agreement for a year for you to live here in my 

 6    building, in my house.  That year has lapsed.  

 7    The agreement says that we no longer have an 

 8    agreement for you to be here, and they part ways.

 9                 If this law changes that, then in 

10    fact, beyond a reasonable doubt, good-cause 

11    eviction, this law, invalidates leases that 

12    presently exist between landlords and tenants.

13                 In fact, what it says, if this 

14    becomes law, the owner of a property, a home, can 

15    never again in the State of New York enter into 

16    an agreement with a tenant for anything less than 

17    life.  Only the tenant will have the option of 

18    ever leaving that apartment or property.  The 

19    landlord, the owner of that property, has lost 

20    forever in the State of New York the right to put 

21    a term on that tenancy.

22                 And that is why those of us on this 

23    side of the aisle believe -- based on the way 

24    this is written, not the way it has been just 

25    described -- that it violates the constitutional 


                                                               3302

 1    rights of property owners in the State of 

 2    New York.

 3                 Thank you, Madam President.

 4                 ACTING PRESIDENT PERSAUD:   Thank 

 5    you, Senator Lanza.

 6                 Senator Helming.

 7                 SENATOR HELMING:   Thank you, 

 8    Madam President.  If the sponsor will yield for 

 9    some questions on Part KK.

10                 ACTING PRESIDENT PERSAUD:   Senator, 

11    do you yield?

12                 SENATOR KAVANAGH:   Yes, 

13    Madam President.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Senator yields.

16                 SENATOR HELMING:   Thank you, 

17    Senator Kavanagh.  

18                 So Part KK is the New York Housing 

19    for the Future program, and Senator Palumbo asked 

20    some really great questions.  In listening to the 

21    exchange, I just had basically a couple of simple 

22    follow-up questions.  

23                 Under this section, is it possible 

24    that community land trusts could utilize 

25    previously conserved lands for housing projects?


                                                               3303

 1                 SENATOR KAVANAGH:   Through you, 

 2    Madam President.  I don't believe there's 

 3    anything in this legislation that would prevent 

 4    that.

 5                 SENATOR HELMING:   Is there anything 

 6    in this language --

 7                 ACTING PRESIDENT PERSAUD:   Are you 

 8    asking the Senator a question?  

 9                 SENATOR HELMING:   I'm sorry.  If 

10    the sponsor will continue to yield.  

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield? 

13                 SENATOR KAVANAGH:   Yes, 

14    Madam President.

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR HELMING:   If a community 

18    land trust decided to go ahead with a housing 

19    project on lands that had been previously 

20    conserved for environmental protection reasons, 

21    et cetera, would the project be subject to local 

22    zoning codes?

23                 SENATOR KAVANAGH:   Through you, 

24    Madam President.  I guess it might depend on the 

25    particular circumstance.  Like, for example, 


                                                               3304

 1    whether the local zoning codes apply outside of 

 2    this legislation.  

 3                 But there's nothing in this 

 4    legislation that alters the applicability of 

 5    local zoning codes.

 6                 SENATOR HELMING:   Through you, 

 7    Madam President, if the sponsor will continue to 

 8    yield.  

 9                 ACTING PRESIDENT PERSAUD:   Senator, 

10    do you yield?  

11                 SENATOR KAVANAGH:   Yes, 

12    Madam President.

13                 ACTING PRESIDENT PERSAUD:   The 

14    Senator yields.  

15                 SENATOR HELMING:   Senator Kavanagh, 

16    maybe you could explain a little bit more.  I 

17    thought I heard during the debate earlier that 

18    these projects are subject to an agreement 

19    between the agency and the state.  I didn't hear 

20    that the municipality where the project will be 

21    located had any oversight or any say.  

22                 So are you saying that these 

23    projects would go through the normal local 

24    permitting process?

25                 SENATOR KAVANAGH:   Through you, 


                                                               3305

 1    Madam President, yes.  

 2                 What this bill contemplates is a new 

 3    state program to develop affordable homeownership 

 4    opportunities and affordable rental housing.  And 

 5    as is normally the case when the state is 

 6    funding, you know, one of the numerous projects 

 7    we fund through state capital funding, they are 

 8    overseen -- you know, the terms of the program 

 9    would apply to such things as the affordability 

10    level, maybe the type of housing, maybe some 

11    other terms that might be part of a regulatory 

12    agreement.  

13                 But housing in this state is built 

14    under a broader regulatory regime that involves 

15    localities setting building codes, inspecting, 

16    having land-use controls and other things.  

17                 And presumably the HCR might look to 

18    see that -- before they enter into a contract, 

19    they might look to see that the project is 

20    permissible under local laws.  But there's 

21    nothing in this bill that would make a project 

22    permissible under local law that would otherwise 

23    be impermissible.

24                 SENATOR HELMING:   Through you, 

25    Madam President, if the sponsor will continue to 


                                                               3306

 1    yield.

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    Senator yield?

 4                 SENATOR KAVANAGH:   Yes, 

 5    Madam President.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    Senator yields.

 8                 SENATOR HELMING:   Senator Kavanagh, 

 9    I'm going to preface this question by saying that 

10    you and I walked out last night pretty much 

11    together, it was almost 1 a.m.  I didn't have the 

12    bill because it wasn't ready yet, the full final 

13    bill wasn't ready.  So between being a little 

14    sleepy right now and also not having sufficient 

15    time to review the bill and the details of the 

16    bill, I'm confused by your last answer.  

17                 Does the municipality -- will the 

18    municipality have a seat at the table in deciding 

19    if projects under this program will be allowed in 

20    their community?  Will they have the ultimate say 

21    in whether or not a project should be permitted 

22    in their community?

23                 SENATOR KAVANAGH:   Through you, 

24    Madam President, yes, it's been a long week for 

25    all of us -- a long month and a half, perhaps.  


                                                               3307

 1                 But this bill creates a new 

 2    mechanism for funding the development of housing 

 3    in the state.  We have many programs that already 

 4    do that.  There's nothing in this bill that would 

 5    say that localities would have the discretion to 

 6    sort of prevent somebody from sort of 

 7    participating in this program if they were -- if 

 8    a developer were proposing to build something 

 9    that is otherwise -- that is already permissible 

10    in their locality.  

11                 Theoretically, I suppose they could 

12    change their zoning or change their land-use 

13    rules if they were concerned there was something 

14    that was going to get built that would be not 

15    acceptable locally.  

16                 But this bill is about creating 

17    funding for certain kinds of projects, and 

18    entering into agreements to build those projects.  

19    So there's nothing in this bill that says HCR 

20    would check with the locality whether they have 

21    some, you know, general desire to have something 

22    built under this particular program in a 

23    particular way.

24                 But localities, as we know, and as 

25    we discussed quite a bit last year, have a very 


                                                               3308

 1    strong ability to prevent housing and other 

 2    structures from being developed in their -- 

 3    within their jurisdiction, and they exercise that 

 4    frequently.  They particularly exercise that in 

 5    some parts of the metropolitan area in New York 

 6    where we have, you know, very little housing 

 7    built in some of our suburbs.  

 8                 There's nothing in this bill that 

 9    alters any of those restrictions.  So again, you 

10    couldn't -- you presumably couldn't say "We don't 

11    want this program" if somebody were trying to 

12    build the exact same structure that would be 

13    otherwise permissible if it were built by a 

14    private entity or built under another program.  

15                 But there's nothing -- this bill 

16    would not permit anything to be built that could 

17    not otherwise be built.  So localities would 

18    retain substantial control over what gets built 

19    within their jurisdiction.

20                 SENATOR HELMING:   Madam President, 

21    if the sponsor will continue to yield.  

22                 ACTING PRESIDENT PERSAUD:   Will the 

23    Senator yield?

24                 SENATOR KAVANAGH:   Happily, 

25    Madam President.


                                                               3309

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    Senator yields.  

 3                 SENATOR HELMING:   So I was asking 

 4    specifically about community land trusts because 

 5    typically they work in collaboration with local 

 6    governments.  It's a long, arduous process, often 

 7    very costly, time consuming, to preserve lands, 

 8    to conserve lands.  

 9                 In my district, the Finger Lakes 

10    area, it's incredibly important.  I've worked 

11    closely with our land trusts over decades to make 

12    sure that we preserve and protect lands.  

13                 And now for the state to step in and 

14    say, hey, HCR may come in and say, yeah, land 

15    trust, maybe you have some legal problems, maybe 

16    you have some other issues and you need to raise 

17    some cash?  It's okay to go ahead.  We'll work 

18    with you to build on these environmentally 

19    sensitive lands.  

20                 But I want to just ask a question.  

21    I have a note here that says that the units 

22    created will be eligible for tax exemptions.  

23    Again, it's the municipality who has to pick up 

24    the cost and cover the cost of road maintenance, 

25    of infrastructure costs, water and sewer 


                                                               3310

 1    maintenance.  What else?  Emergency management 

 2    services, et cetera.

 3                 Will local governments have a say in 

 4    what their tax -- if there should be a tax 

 5    exemption and, if there should, what that amount 

 6    should be?  

 7                 SENATOR KAVANAGH:   Through you, 

 8    Madam President.  First, in answer to the 

 9    implicit question in the first part of my 

10    colleague's comments, if there are restrictions 

11    on land that is placed on them by their 

12    participation or ownership by a community land 

13    trust, there's nothing in this bill that would 

14    change that.  

15                 There's nothing in this bill that 

16    would change any existing restriction on land in 

17    the State of New York, whether it be through 

18    local zoning or land-use rules, whether it be 

19    through, you know, "forever wild" provisions of 

20    the Constitution, or whether it be through, you 

21    know, land banks or land trusts that have 

22    specific rules about how their land may be used 

23    or disposed of.

24                 With respect to tax breaks, there's 

25    also nothing in this bill that would require any 


                                                               3311

 1    locality to provide any tax relief or tax benefit 

 2    to any property through this program.

 3                 The bill does make it clear that 

 4    there may be properties -- for example, 

 5    Housing Development Fund Corporation properties 

 6    and others -- that benefit from local tax breaks 

 7    through local laws.  And those would not be 

 8    exempt from participation in this program.  

 9                 But again, there's nothing in this 

10    program that would require any locality to grant 

11    any favorable tax treatment to any property.

12                 SENATOR HELMING:   Madam President, 

13    if the sponsor will continue to yield, I'd like 

14    to shift to Part JJ.

15                 SENATOR KAVANAGH:   Yes, 

16    Madam President.

17                 ACTING PRESIDENT PERSAUD:   The 

18    Senator yields.

19                 SENATOR HELMING:   Senator Kavanagh, 

20    Part JJ establishes a new audit for 421-a 

21    projects.  Can you describe what that audit 

22    entails?  Not in detail, but maybe more why you 

23    felt it was important to audit 421-a projects.

24                 SENATOR KAVANAGH:   Through you, 

25    Madam President.  This Part JJ does indeed 


                                                               3312

 1    require a -- impose a new audit requirement on 

 2    the City Department of Housing Preservation and 

 3    Development.  It applies, as my colleague noted, 

 4    both to the 421-a program, which has been in 

 5    existence for many years.  It would also apply to 

 6    the 485-x program, which is -- forgive me, I 

 7    stand corrected.  

 8                 A previous draft of this bill would 

 9    have applied this particular section to 485-x, 

10    which we're going to discuss at some point today, 

11    I believe, and is in the bill before us.  But 

12    this bill would apply to existing -- this 

13    particular section would apply to the 421-a 

14    project and any previous iterations of that going 

15    back to any project that began receiving benefits 

16    in 2014 and continues to receive such benefits.

17                 So 421-a, as we know, is a program 

18    that provides tax breaks in exchange for property 

19    owners providing housing that is affordable at 

20    certain levels.  There's been some concern over 

21    the course of many years that developers may be 

22    receiving those very generous tax breaks, denying 

23    the state -- the City of New York the revenue 

24    from property taxes on those buildings, and 

25    perhaps not complying with their obligation to 


                                                               3313

 1    provide affordable housing.  

 2                 So this would have the New York City 

 3    Department of Housing Preservation & Development 

 4    develop a program and audit those projects to 

 5    determine whether they're meeting those 

 6    obligations.  They would get whatever information 

 7    is necessary from the developer, from the 

 8    Department of Finance in the city and from HCR, 

 9    and determine whether those projects are in 

10    compliance with current law.

11                 SENATOR HELMING:   Through you, 

12    Madam President, if the sponsor will continue to 

13    yield.

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    Senator yield?  

16                 SENATOR KAVANAGH:   Yes, 

17    Madam President.

18                 ACTING PRESIDENT PERSAUD:   The 

19    Senator yields.  

20                 SENATOR HELMING:   So, 

21    Senator Kavanagh, yesterday I raised a number of 

22    questions around the funding that's being 

23    directed to NYCHA.  Not necessarily because I was 

24    concerned about the amount of funding or even 

25    funding going to the New York City Housing 


                                                               3314

 1    Authority, but because of all of the reports 

 2    about wasteful spending, potential bribery.  You 

 3    know, spending almost a half a million dollars to 

 4    rehab a single apartment unit.

 5                 Is there anything in this budget 

 6    that requires annual auditing of the NYCHA 

 7    program to make sure that the funding that 

 8    New York State taxpayers are providing to NYCHA 

 9    is used properly and to the benefit of the 

10    residents?  

11                 SENATOR KAVANAGH:   Through you, 

12    Madam President.  First of all, just to be clear, 

13    we did have a lively conversation last night 

14    about this.  

15                 The funding that the state provides 

16    has generally not been used for the kinds of 

17    renovations that my colleague is referring to.  

18    We've often used that money to replace boilers 

19    and roofs, rather than doing kind of individual 

20    apartment repairs, and certainly not generally at 

21    a cost of half a million dollars.  

22                 But -- and as noted, that particular 

23    source of funding, which is a very small fraction 

24    of the funding for the New York City Housing 

25    Authority, is subject to a variety of oversight 


                                                               3315

 1    provisions, including direct oversight by a state 

 2    agency, the DASNY, as well as the Division of 

 3    Budget.  

 4                 And again, we've had lots of 

 5    experience with that.  We've made capital grants 

 6    in the past, and we have gotten reports about the 

 7    effective spending of that money and the 

 8    completion of those projects.

 9                 I would just also note that as I 

10    mentioned last night, the New York Housing 

11    Authority is subject to oversight by the New York 

12    City Mayor's office, by the Office of Management 

13    and Budget, by the City Council, by the City 

14    Comptroller, by the State Comptroller, by a 

15    federally appointed special monitor that has 

16    broad jurisdiction basically to inquire about 

17    anything, by a special ombudsperson for mold and 

18    lead issues, and by the U.S. Department of 

19    Housing and Urban Development and various 

20    inspectors general and other officials.  

21                 So there is a great deal of 

22    oversight over money that is spent by the 

23    New York City Housing Authority.  

24                 In this -- in the case of this bill, 

25    we are adding a requirement that a particular 


                                                               3316

 1    benefit that the public is supposed to be getting 

 2    by a tax expenditure -- affordability in these 

 3    buildings -- is actually audited for the first 

 4    time.  

 5                 Because the information necessary to 

 6    determine whether private developers are 

 7    complying with that requirement is substantially 

 8    in the hands of private developers, we are adding 

 9    here an audit requirement that will get at the 

10    question of whether the public is getting the 

11    value that the public is paying for in this 

12    particular program in buildings built under 

13    421-a.

14                 SENATOR HELMING:   Thank you.  

15                 Madam President, if the sponsor will 

16    continue to yield.

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    Senator yield?  

19                 SENATOR KAVANAGH:   Happily, 

20    Madam President.

21                 ACTING PRESIDENT PERSAUD:   The 

22    Senator yields.  

23                 SENATOR HELMING:   I think that was 

24    a long response to a question that could have 

25    been answered with one word:  No.  


                                                               3317

 1                 And I will point out that the 

 2    funding that New York State is sending to NYCHA 

 3    is exactly being used for the type of projects 

 4    that are -- there's out-of-control spending, 

 5    there's wasteful spending, whether it's on those 

 6    apartment renovations, replacement of light 

 7    bulbs, whatever it is.  That's where our money is 

 8    going, and it should be accounted for.

 9                 But my question is -- I'd like to go 

10    to a general question on housing.  Senator 

11    Kavanagh, what is in this budget for affordable 

12    housing preservation outside of New York City?

13                 SENATOR KAVANAGH:   Through you, 

14    Madam President, if I may, just to the first part 

15    of my colleague's comments.  I will concede it 

16    was a long answer because there was in fact a 

17    great deal of oversight over the housing 

18    authority.  If I had chosen one word, the word 

19    would have been "yes" and not "no."  But we seem 

20    to have a -- you know, a difference of opinion on 

21    that.

22                 There are numerous proposals -- 

23    numerous programs in this budget that are 

24    intended to address the housing needs outside the 

25    City of New York.  We did discuss some of them 


                                                               3318

 1    last night.  Some of them are in the capital 

 2    budget.  Some of them are also in the Aid to 

 3    Localities budget, each of which has already been 

 4    passed on this floor.

 5                 It was noted yesterday, for a few 

 6    examples, you know, there is a program for 

 7    renovation of existing apartments outside the 

 8    City of New York -- and the bill specifically 

 9    says outside the City of New York -- that are 

10    rental apartments.  There's a separate -- funded 

11    at $40 million in the budget, the bill we passed 

12    last night.  

13                 There's an additional program funded 

14    at $40 million which is also a new program that 

15    is intended to provide infill housing in upstate 

16    cities, on vacant lots in upstate cities.  

17                 There is the Small Rental 

18    Development Initiative, which is a program that 

19    this house -- was created through the initiative 

20    of this house and my colleague Michelle Hinchey, 

21    in particular, that is intended to ensure that we 

22    are building rental housing in small villages at 

23    the scale that is appropriate in those places.  

24                 There is also the program we were 

25    discussing previously, which is a new statewide 


                                                               3319

 1    program that is intended to get the State of 

 2    New York in the business of producing affordable 

 3    housing appropriately throughout the state.  That 

 4    is not in any way limited or even targeted to 

 5    New York City.  And again, we are funding that -- 

 6    we funded that in a bill passed last night at 

 7    $150 million to begin.

 8                 There's also the RUSH program which 

 9    was proposed by the Governor, which is intended 

10    to put a quarter-billion dollars available, 

11    again, for development of housing on public 

12    property, particularly state-funded housing.  And 

13    again, that is likely a program that would 

14    primarily function outside the City of New York.  

15                 And there are numerous other 

16    programs in our -- the State of New York's 

17    five-year plan includes $5.5 billion in addition 

18    to the billion dollars that we are adding to the 

19    budget today for development, and that is -- much 

20    of that money is spent outside the City of 

21    New York.

22                 SENATOR HELMING:   Thank you.  

23                 Madam President, if the sponsor will 

24    continue to yield. 

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               3320

 1    Kavanagh, do you yield?  

 2                 SENATOR KAVANAGH:   Yes, 

 3    Madam President.  

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    Senator yields.  

 6                 SENATOR HELMING:   So I was looking 

 7    for information specifically on ELFA, the bill 

 8    before us.  

 9                 But just a question on the infill 

10    housing.  During the budget hearings, when the 

11    Senate one-house bill was on the floor before us, 

12    I had asked specifically about our small cities 

13    being included in the infill program -- City of 

14    Canandaigua, City of Geneva and others.

15                 Has the language been revised to 

16    include our small cities?  Or who is included, 

17    who is eligible for the infill program?  

18                 SENATOR KAVANAGH:   Through you, 

19    Madam President.  As was noted, the particular 

20    provision we're speaking about now is not before 

21    us now.  It was passed by this house yesterday.  

22                 But the infill program is intended 

23    for small cities throughout the state.  And it's 

24    our expectation that that money will be used to 

25    create new housing in small cities.


                                                               3321

 1                 I would also just add one other 

 2    example.  As I mentioned, there are many existing 

 3    programs that fund housing throughout the state.  

 4    One new thing that I think is notable in this is 

 5    also additional subsidies to renovate property 

 6    that has been created through a federal 

 7    Department of Agriculture program in rural areas.  

 8    And there is a specific proposal that we passed 

 9    yesterday that will fund renovations of those 

10    programs.  And again, that is exclusively in 

11    rural areas of the state.

12                 SENATOR HELMING:   Thank you, 

13    Madam President.  I appreciate Senator Kavanagh's 

14    time in responding to my questions.

15                 My next question is related to 

16    Part HH, good-cause.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Salazar, do you yield?  

19                 SENATOR SALAZAR:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    Senator yields.

22                 SENATOR HELMING:   Thank you, 

23    Senator Salazar.  Just a quick question.  

24                 Is there a primary residence 

25    requirement for the tenant?


                                                               3322

 1                 SENATOR SALAZAR:   Through you, 

 2    Madam President.  No, there is not.

 3                 SENATOR HELMING:   Madam President, 

 4    if the sponsor will continue to yield.

 5                 ACTING PRESIDENT PERSAUD:   Does the 

 6    Senator yield?  

 7                 SENATOR SALAZAR:   Yes.

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    Senator yields.

10                 SENATOR HELMING:   Do you see any 

11    potential consequences with not requiring that it 

12    be a -- that the language include primary 

13    residency requirements?

14                 SENATOR SALAZAR:   Through you, 

15    Madam President, I do not.  

16                 The tenants who this legislation 

17    would apply to are tenants, people who -- it's 

18    defined in the bill, but an individual who has an 

19    agreement with the landlord and has paid rent to 

20    the landlord, has a tenant-landlord relationship, 

21    regardless of whether they also have a secondary 

22    residence elsewhere.

23                 SENATOR HELMING:   Thank you.  

24                 Through you, Madam President, if the 

25    sponsor will continue to yield.


                                                               3323

 1                 ACTING PRESIDENT PERSAUD:   Will the 

 2    Senator yield?

 3                 SENATOR SALAZAR:   Yes.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    Senator yields.

 6                 SENATOR HELMING:   So are we going 

 7    to -- are we going to be giving non-New Yorkers 

 8    tenant protections, like snowbirds?

 9                 SENATOR SALAZAR:   Through you, 

10    Madam President.  We are going to ensure that a 

11    tenant has -- in situations where this 

12    legislation applies, has basic protections from 

13    unjust evictions and unreasonable rent increases 

14    in the State of New York, if they are a tenant in 

15    the State of New York.

16                 SENATOR HELMING:   Thank you.  

17                 Madam President, if the sponsor will 

18    continue to yield.

19                 ACTING PRESIDENT PERSAUD:   Does the 

20    Senator yield?

21                 SENATOR SALAZAR:   Yes.

22                 ACTING PRESIDENT PERSAUD:   The 

23    Senator yields.  

24                 SENATOR HELMING:   Senator Salazar, 

25    I know there were questions and answers prior 


                                                               3324

 1    about the opt-in portion of this proposal before 

 2    us.  And it's my understanding that a village, a 

 3    town, or a city may opt in.  Is that your 

 4    understanding as well?

 5                 SENATOR SALAZAR:   Yes.

 6                 SENATOR HELMING:   Through you, 

 7    Madam President, if the sponsor will continue to 

 8    yield.

 9                 ACTING PRESIDENT PERSAUD:   Does the 

10    Senator yield?  

11                 SENATOR SALAZAR:   Yes.

12                 ACTING PRESIDENT PERSAUD:   The 

13    Senator yields.  

14                 SENATOR HELMING:   And I just want 

15    to get some clarification, then.  Say a village 

16    decides to opt in, and the village is located 

17    within a town, but the town doesn't opt in.  And 

18    the village sees that their landlords are saying, 

19    Hey, I'm not dealing with all of these additional 

20    requirements, I'm not dealing with stripping away 

21    my property rights and transferring them to 

22    tenants, I'm out of here.  I'm going to sell to 

23    out-of-state developers, to big conglomerates.  

24                 Is there any way for the village, 

25    when they realize that they've made a mistake and 


                                                               3325

 1    they're losing these local landlords, is there 

 2    any way for them to opt out before the sunset 

 3    deadline?

 4                 SENATOR SALAZAR:   Through you, 

 5    Madam President.  While there is the 10-year 

 6    sunset on this legislation, the legislation does 

 7    not directly create an opt-out mechanism if a 

 8    locality -- a village, for example -- has opted 

 9    in.

10                 SENATOR HELMING:   Through you, 

11    Madam President, if the sponsor will continue to 

12    yield.  

13                 ACTING PRESIDENT PERSAUD:   Senator, 

14    do you continue to yield?

15                 SENATOR SALAZAR:   Yes.

16                 ACTING PRESIDENT PERSAUD:   The 

17    Senator yields.

18                 SENATOR HELMING:   What is the 

19    process for a village, town or city to opt in?

20                 SENATOR SALAZAR:   Through you, 

21    Madam President.  Just as a village, town or city 

22    would otherwise seek to change local law, they 

23    would use the same mechanism that they otherwise 

24    use to change local law.

25                 SENATOR HELMING:   Through you, 


                                                               3326

 1    Madam President, if the sponsor will continue to 

 2    yield.  

 3                 ACTING PRESIDENT PERSAUD:   Does the 

 4    Senator yield?

 5                 SENATOR SALAZAR:   Yes.

 6                 ACTING PRESIDENT PERSAUD:   The 

 7    Senator yields.  

 8                 SENATOR HELMING:   So for a local 

 9    municipality that passes a local law to opt in, 

10    it would seem to me, then, they would be able to 

11    pass a local law to opt out.  Is there anything 

12    in this bill that would prevent them from doing 

13    that?  

14                 SENATOR SALAZAR:   Through you, 

15    Madam President.  The bill does not directly 

16    speak to this.  But, you know, we pass a lot of 

17    laws in this state that don't expressly create a 

18    mechanism for localities to opt out.  

19                 And in this regard, it is no 

20    different.  It's just that we do create a 

21    mechanism for them to opt in.

22                 SENATOR HELMING:   Through you, 

23    Madam President, if the sponsor will continue to 

24    yield.  

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               3327

 1    sponsor yield?  

 2                 SENATOR SALAZAR:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    Senator yields.

 5                 SENATOR HELMING:   And I'm just 

 6    curious.  Is there any requirement for a local 

 7    government that's considering opting in, before 

 8    they opt in to hold public hearings, to do maybe 

 9    a survey or an analysis to determine vacancy 

10    rates or anything along those lines?

11                 SENATOR SALAZAR:   No.  Through you, 

12    Madam President, that is not required.

13                 SENATOR HELMING:   Thank you, 

14    Madam President.  Thank you, Senator Salazar, for 

15    your answers.

16                 Madam President, on the bill.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Helming on the bill.

19                 SENATOR HELMING:   I think we can 

20    all agree that we have a problem with housing.  

21    We don't have enough housing in the State of 

22    New York, and we have a problem with 

23    affordability.  It's my belief, after listening 

24    to debates, after reading the laws before us, 

25    that it's unfortunate for New Yorkers, regardless 


                                                               3328

 1    of whether they live in upstate or downstate, 

 2    with the enactment of good-cause, the housing 

 3    shortage and the cost of housing is going to get 

 4    worse.  

 5                 Good-cause, I didn't hear or read or 

 6    see anything that shows me that good-cause will 

 7    incentivize new building.  Good-cause is not 

 8    going to inspire property owners to create new 

 9    rental units in their local communities.  

10                 Good-cause here in this chamber is 

11    being pushed by Majority members who support 

12    socialized housing -- not private property 

13    ownership, and not helping people to achieve the 

14    American dream of owning their own home.  Why 

15    would a landlord continue to invest in a 

16    community when good-cause basically strips away 

17    their property rights and transfers them to a 

18    tenant?  

19                 You know what else is going to 

20    happen?  When good-cause is enacted, New York 

21    State is going to lose business opportunities.  

22    We're going to lose jobs.  That's just not me 

23    saying that.  The Majority is in receipt of 

24    letters from chambers of commerce including the 

25    Greater Rochester Chamber, Ithaca, Binghamton, 


                                                               3329

 1    the Capital Region and so many more.  

 2                 Collectively, these chambers 

 3    represent more than 12,000 businesses, and 

 4    they've put us on notice.  They state that it is 

 5    reasonable to believe that virtually no builder 

 6    will build new rental housing, effectively 

 7    killing off any new housing starts and deepening 

 8    the housing crisis in our state.  

 9                 And we all know without sufficient 

10    housing for our working class, for our 

11    middle class, that larger businesses will move 

12    elsewhere.  Companies will be disincentivized to 

13    invest in our state.  Why would they when they 

14    can move to another state that has more stable 

15    rules and requirements?  

16                 In St. Paul, Minnesota, after that 

17    city enacted legislation similar to what's 

18    proposed here, building permits dropped by 

19    80 percent.  Investors and builders, they stopped 

20    development on housing projects, and that 

21    resulted in related job losses.  We don't want 

22    that to happen here.  

23                 There's been study after study and 

24    poll after poll that shows it's already tough 

25    enough to do business in our state.  We have some 


                                                               3330

 1    of the highest property taxes in the nation.  We 

 2    have so many pro-criminal policies that 

 3    discourage people.  We have job-killing red tape.  

 4    And now we're stripping away the rights of 

 5    property owners.  

 6                 How many more ways are we going to 

 7    discourage investment in the state?  And again, 

 8    it's not only me just standing on the Senate 

 9    floor saying this.  We all received -- actually, 

10    it went to the Majority, a letter from the 

11    Black Clergy for Economic Empowerment.  In their 

12    letter, which is very well written, they state:  

13    "It is crucial for communities of color to have 

14    opportunities for building generational wealth.  

15    And owning rental properties and apartment 

16    buildings play a key role in this process across 

17    all five boroughs.  Throughout our diverse state, 

18    families from Black, brown, Chinese, Indian and 

19    Hispanic backgrounds, including many new 

20    Americans, are investing in property ownership.  

21                 "Good-cause eviction, particularly 

22    permanent-lease rentals, would wreck the fragile 

23    economics of these long-overdue ownership 

24    opportunities."

25                 They go on to say:  "When it's our 


                                                               3331

 1    turn to own something and build something, they 

 2    change the rules on us to protect their 

 3    privilege."

 4                 Madam President, we do not need, we 

 5    should not have the tenets of the good-cause that 

 6    are in this bill.  I will be voting no on this 

 7    bill, and I urge my colleagues to do the same.

 8                 ACTING PRESIDENT PERSAUD:   Thank 

 9    you, Senator Helming.

10                 Senator Martins.

11                 SENATOR MARTINS:   Thank you, 

12    Madam President.  You know, the -- on the bill.

13                 ACTING PRESIDENT PERSAUD:   Senator 

14    Martins on the bill.

15                 SENATOR MARTINS:   Madam President, 

16    you know, the Chinese use two brush strokes to 

17    write the word "crisis."  One brush stroke stands 

18    for "danger," and the other one stands for 

19    "opportunity," although I think we heard recently 

20    it may actually be "inflection."

21                 You know, in a crisis we're told 

22    that we're supposed to be aware of the danger but 

23    also recognize the opportunity.  Everyone has 

24    talked for years about the housing crisis and the 

25    need for affordability, yet here we are, asked to 


                                                               3332

 1    consider a bill that provides absolutely no 

 2    affordable housing relief in the short term.  

 3                 Actually, it provides very little 

 4    affordable housing relief altogether, because 

 5    it's going to be years before this housing goes 

 6    online.  If they approve everything today, at 

 7    some point someone will buy a piece of property, 

 8    will take advantage of these programs, will get 

 9    their approvals, will stick a shovel in the 

10    ground and will build it.  And for those limited 

11    number of units that they set aside for 

12    affordability, they'll be made available for a 

13    handful of people.  

14                 The reality is, Madam President, we 

15    have the opportunity in this chamber to make real 

16    change and make real affordable housing available 

17    for people -- not 10 years from now, not in small 

18    numbers, but in the hundreds of thousands in the 

19    next 12 months.  All we have to do is means-test 

20    the housing that currently exists.  

21                 And I find it incredibly hard to 

22    understand why the Majority in this house, the 

23    other house, and why the Governor continue to 

24    prioritize the wealthy, the affluent, and those 

25    who are making significantly more and allowing 


                                                               3333

 1    them to continue to occupy affordable units which 

 2    they no longer need when they can afford to pay 

 3    market-rate housing.  Where they prioritize 

 4    people of wealth and allow them to continue to 

 5    live in affordable housing at the expense of 

 6    those who need it today.

 7                 In fact, 485-x, the program that is 

 8    being proposed, pegs affordability at 80 percent, 

 9    80 percent of area median income.  In New York 

10    City, that's $80,000.  Yet as everyone in this 

11    chamber knows -- and if you chose to go and look 

12    at New York City's Housing Survey, it actually 

13    measures the affordability of housing in New York 

14    City and the number of houses and the income of 

15    people in those houses, you would find that over 

16    300,000 units are occupied today, 300,000 units 

17    of affordable housing are occupied today in 

18    New York City by people earning more than 

19    $100,000.  That's the area median income.

20                 I won't even go to $80,000 at 

21    80 percent.  At 100 percent of AMI, 300,000 units 

22    can be made available when those leases expire 

23    within the next 12 months so that people making 

24    50, 60, $70,000 a year have a place to actually 

25    start.  


                                                               3334

 1                 And you know what?  If they are 

 2    successful and if they do make more and if 

 3    they're making 100, 200 or $300,000, they can 

 4    make way for someone who's making less so that 

 5    they have a start and a place where they can live 

 6    affordably.  

 7                 Look at the chart.  Take a peek.  

 8    Ask yourself why people making hundreds of 

 9    thousands of dollars a year in income are being 

10    afforded rent-stabilized units, paying a fraction 

11    of market rate, and why you -- you, by this vote, 

12    are going to be prioritizing those people.  

13    Wealthy, affluent people making hundreds of 

14    thousands of dollars a year instead of those 

15    young professionals, those firefighters, those 

16    teachers, those essential workers that we have in 

17    our communities who can't find a place to live 

18    because they're occupied by people who shouldn't 

19    be there.

20                 You know, about a year ago there was 

21    a New Yorker who made a statement, a guy by the 

22    name of Al Sharpton.  He was talking about things 

23    in a different context, in the context of bail 

24    reform and runaway crime in New York City, but he 

25    said "so-called progressives."  And he said 


                                                               3335

 1    "Progressives for whom?  Progressives for whom?"  

 2                 So I'm going to steal that phrase 

 3    from the Reverend Al Sharpton, and I'm going to 

 4    use it myself.  Progressives for whom today?  Not 

 5    for schoolchildren.  Not for teachers.  You 

 6    decided to prioritize other things, and you're 

 7    not providing the money necessary to provide free 

 8    lunches for every kid, every child in a school.  

 9    Not for schoolteachers.  Our school budget 

10    doesn't provide enough in adequate funding where 

11    I know people in school districts on Long Island, 

12    alone everywhere else in this state, are laying 

13    off teachers because of the uncertainty of this 

14    budget and the failure to commit to providing 

15    resources.

16                 Not the middle-class commuters who 

17    are asked to go off into New York City each and 

18    every day while they watch other people jump over 

19    turnstiles.

20                 ACTING PRESIDENT MAYER:   

21    Senator Krueger, why do you rise?

22                 SENATOR KRUEGER:   I was wondering 

23    if my colleague would answer a question or two.

24                 ACTING PRESIDENT MAYER:   Senator 

25    Martins?  


                                                               3336

 1                 SENATOR MARTINS:   I will as soon as 

 2    I complete my statement.

 3                 SENATOR KRUEGER:   Okay.

 4                 SENATOR MARTINS:   I will.

 5                 Not for Tier 6 workers.  Not for 

 6    Tier 6 workers when where's consensus on both 

 7    sides of the aisle to actually repealing and 

 8    doing some real reform on Tier 6.  What have we 

 9    decided?  We're only going to do that when we put 

10    it off for 20 years so that we have a three-year 

11    as opposed to a five-year lookback.

12                 Not for our hardworking men and 

13    women in the trades.  When we had the 

14    opportunity, Madam President, to do something 

15    with regard to SUNY PLAs at $3 million, what did 

16    we come back with?  A $10 million plan that puts 

17    so much of that work out of reach for their 

18    actual work.

19                 You know, we have opportunities 

20    here, and it's a question of priorities.  And we 

21    all talk about priorities.  But for property 

22    owners -- property owners, people who put 

23    together their lifesavings, buy something, take 

24    out a mortgage and they're paying that 

25    mortgage -- we're now telling them they can't 


                                                               3337

 1    make decisions about their own property because 

 2    we are going to make that decision for them as a 

 3    state.  We're going to reach in and take away 

 4    their ability to manage their own private 

 5    property.  Forget the fact that it's 

 6    unconstitutional.  It's wrong.  

 7                 These are not the kinds of things 

 8    that we should be doing, and it does not help 

 9    anybody in this state.  It's not our property.  

10    So I don't understand the priority that has been 

11    placed on hurting the middle class in this state.  

12                 And I haven't even mentioned, 

13    Madam President, there isn't a single stitch of 

14    middle-class tax cuts that help the average 

15    person in this state just make ends meet.  

16                 So I have real concerns.  I had 

17    hoped to ask some questions.  I know we have 

18    limitations on time, so I'm going to be 

19    respectful of my colleagues and allow for that.  

20    But I'm disappointed.  

21                 And I'm hoping that as we go 

22    forward, in this session and in future sessions, 

23    perhaps we can work together in finding solutions 

24    and not just penalizing people.  

25                 And with that, Madam President, I'm 


                                                               3338

 1    happy to yield to my colleague.

 2                 SENATOR KRUEGER:   Thank you.  

 3    Through you, Madam President.  

 4                 You know, Senator Martins has 

 5    brought up this example a number of times this 

 6    year, that high-income people are living in 

 7    rent-regulated units.  And when you look at the 

 8    statistics, he's not wrong.  The majority of 

 9    people who live in rent-regulated units are in 

10    fact low-income, but there is a universe of 

11    higher-income people.  And they are in buildings 

12    that are called 421-a buildings.  Because when 

13    you take the tax exemptions to build your 

14    building, you're required to have all the units 

15    fall under rent regulation.  

16                 So if I'm understanding his proposal 

17    correctly -- but I just wanted to make sure I 

18    was -- his suggestion would be that for existing 

19    421-a buildings with rent regulation, we should 

20    set a maximum eligibility based on income and set 

21    a -- I guess a maximum rent for those people.  

22                 So if the average rent in 

23    rent-regulated housing in New York City -- I 

24    think -- I looked it up yesterday.  It was about 

25    $1500, on average.  Are you suggesting, is your 


                                                               3339

 1    proposal that we tell all the people who own 

 2    421-a buildings that you must evict -- which will 

 3    be a different discussion from someone else -- 

 4    all of your higher-income tenants, lower the rent 

 5    and accept poor tenants?  

 6                 Because I think that's a very 

 7    interesting proposal.  I just wanted to make sure 

 8    that I was understanding you correctly.

 9                 SENATOR MARTINS:   Thank you, 

10    Madam President.

11                 And thank you, Senator.  I really 

12    appreciate the question.  Because no, that is not 

13    what I'm saying whatsoever.  I'm not even going 

14    to 421-a.  But we can.  

15                 I'm talking about traditional 

16    rent-stabilized housing.  You know, when we talk 

17    about rent-stabilized housing, I think it's 

18    important that we at least contextualize what 

19    that means.  Rent-stabilized housing in New York 

20    City accounts for just about a million units in 

21    New York City.  Not 421-a.  No, rent-stabilized 

22    units.  That's those units that are subject to 

23    rent stabilization -- 

24                 (Inaudible overtalk.)

25                 SENATOR MARTINS:   No, no, let me --


                                                               3340

 1                 SENATOR KRUEGER:   All 

 2    rent-regulated units you are describing --

 3                 SENATOR MARTINS:   I'm just trying 

 4    to finish my answer, if I --

 5                 SENATOR KRUEGER:   -- are 421-a.

 6                 SENATOR MARTINS:   Can I finish my 

 7    answer?  

 8                 SENATOR KRUEGER:   Every unit since 

 9    1974 --

10                 ACTING PRESIDENT MAYER:   Senator 

11    Krueger, let --

12                 SENATOR KRUEGER:   Sorry.

13                 ACTING PRESIDENT MAYER:   He is 

14    finishing his answer.  

15                 SENATOR MARTINS:   If it includes 

16    421-a, it is not exclusive to 421-a.  So if they 

17    are included in this.  

18                 But there are 960,700 units of 

19    rent-stabilized housing in New York City.  Of 

20    those, 30 percent of those units, over 300,000 

21    units, are occupied by those making more than 

22    $100,000 a year.  A hundred thousand dollars at a 

23    time, Madam President, when this body is 

24    proposing an 80 percent threshold.

25                 So here -- here's what I'm 


                                                               3341

 1    suggesting -- 

 2                 ACTING PRESIDENT MAYER:   Senator 

 3    Martins, to be clear, you're now answering 

 4    Senator Krueger's question?  Or are you speaking 

 5    on the bill?  

 6                 SENATOR MARTINS:   I am -- I am on 

 7    the bill, Madam President.  I am on the bill if 

 8    the Senator is done with her question.

 9                 ACTING PRESIDENT MAYER:   Senator 

10    Krueger, are you done with your questions?  

11                 SENATOR KRUEGER:   No, I have one 

12    more question.  Thank you.

13                 Again, just to clarify, do you agree 

14    with me that any building built since 1974 in 

15    rent regulation is in fact a building where the 

16    developer chose rent regulation because they were 

17    getting tax exemptions in exchange, and hence 

18    they fall under 421-a or one of the other 

19    categories?  

20                 So all the buildings that are the 

21    higher-income buildings are in fact in these 

22    programs where we gave them tax exemptions, they 

23    chose to go into rent regulation.  Do you agree 

24    on that?  

25                 SENATOR MARTINS:   Madam President, 


                                                               3342

 1    through you.  There are over 300,000 units 

 2    currently occupied as rent-stabilized housing by 

 3    those making more than $100,000 a year, whether 

 4    they were built under 421-a or whether they were 

 5    built prior to the enactment of 421-a.

 6                 And what I am suggesting, just to 

 7    clarify for the Senator, is that if this body 

 8    chose to allow for means-testing for those units, 

 9    then someone making less than $80,000 a year, as 

10    we are doing for 485-x, would be able to occupy 

11    that unit because, yes, they qualified when they 

12    went in and they actually occupied the unit.  But 

13    over time, they have had success, they now make 

14    more than the average median income, and they are 

15    not the people who were supposed to be occupying 

16    those units because we specifically kept these 

17    units affordable so that they'd be available for 

18    another generation.  And we're not doing that.

19                 So if there are people who are 

20    earning more than $100,000 a year or $125,000 or 

21    $150,000 a year -- and we can sit and figure out 

22    where that line should be.  But I think we can 

23    all agree and should all agree that there should 

24    not be people making hundreds of thousands of 

25    dollars a year occupying those units that are 


                                                               3343

 1    stabilized and should be there to provide 

 2    affordable housing.

 3                 The Governor said she wants 

 4    800,000 units of affordable housing within the 

 5    next 10 years.  Well, here's 300,000.  Why don't 

 6    we go do something about it, as opposed to just 

 7    paying lip service to it, Madam President?  

 8                 With that, I'll be voting no.

 9                 SENATOR KRUEGER:   On the bill.

10                 ACTING PRESIDENT MAYER:   Senator 

11    Krueger on the bill.

12                 SENATOR KRUEGER:   Thank you.  

13                 Just quickly, just to clarify, I can 

14    agree we would need to have the data before we 

15    were to draft a piece of legislation.  But if you 

16    add up the units that are built under 421-a or 

17    its predecessors -- all programs, for the record, 

18    that I voted against every year that I've been 

19    here in the Legislature because it wasn't going 

20    to be building affordable housing for the exact 

21    people we want to serve.  It was instead 

22    subsidizing higher-end, not affordable units 

23    disproportionately.  

24                 And so we got this system because of 

25    bad policy for 35, 40 years.  And hence we do 


                                                               3344

 1    have people with higher incomes who are 

 2    disproportionately using all of the apartments 

 3    that we've built.  And it turns out that it is 

 4    close to 300,000 units, although we couldn't get 

 5    an exact number.  

 6                 So I'm not necessarily opposing 

 7    Senator Martins' proposal.  I think we would need 

 8    to carefully craft legislation.  But again, I 

 9    just want everyone in this room to understand 

10    that the outcome of said legislation would be to 

11    tell all of the developers owning 421-a 

12    buildings -- all of them -- you're going to get a 

13    whole lot less rent now.  A lot less rent than 

14    you calculated when you went into this program.  

15    And I think we should be honest that that would 

16    be what we would be doing.  

17                 And I'm not sure that many of my 

18    colleagues would think that was a great idea.

19                 ACTING PRESIDENT MAYER:   Senator 

20    Martins.

21                 SENATOR MARTINS:   Yes, I'm asking 

22    the Senator if she would yield.

23                 SENATOR KRUEGER:   Absolutely.  

24                 ACTING PRESIDENT MAYER:   Senator 

25    Krueger, do you yield?  


                                                               3345

 1                 SENATOR KRUEGER:   Yes.

 2                 ACTING PRESIDENT MAYER:   The 

 3    Senator yields.

 4                 SENATOR MARTINS:   So, Senator, I'm 

 5    just trying to understand.  No one discussed 

 6    anyone reducing rent or changing the rent.  I 

 7    think what was discussed was asking those who can 

 8    now afford to pay market rate rent to vacate 

 9    apartments that were meant for -- to be 

10    affordable and for those who qualified as -- and 

11    we should qualify as means-tested -- and allow 

12    someone who's making less money to get into an 

13    affordable apartment at the same rent.  

14                 Would you agree that that would be a 

15    better solution?  That way, those who own those 

16    buildings -- we're not asking anyone to reduce 

17    rent.  We're not asking anyone to increase rent.  

18    We're just asking you to keep the rent exactly 

19    where it is.  But if you're making more, you 

20    should leave and go pay for market-rate housing 

21    so that those who are making less can afford a 

22    place to live in New York City or anywhere else.  

23                 Does that make sense?  

24                 SENATOR KRUEGER:   Through you, 

25    Madam President.  Based on the fact that we've 


                                                               3346

 1    created many, many of these units at way above 

 2    market rate, even though they're defined as 

 3    rent-regulated, I think the math would still 

 4    require lowering the rent in order for 

 5    lower-income people to be able to participate.

 6                 But again, I agree with the Senator, 

 7    we would need to sit there with all the math and 

 8    calculate it.  I just wanted to make clear the I 

 9    think misunderstanding in this house that these 

10    units are rent-regulated from a point in history 

11    prior to 1974 where our laws did take existing 

12    housing and say, Now you're under a 

13    rent-regulated system.

14                 These buildings were all built with 

15    an understanding and agreement with developers -- 

16    not one that I supported, but with an agreement 

17    with developers that they were going to be able 

18    to get, in most cases, either 80 or 90 percent 

19    market rate or above market rate, and only, say, 

20    10 to 20 percent technically affordable.  And 

21    even those definitions of affordable, not that 

22    affordable.

23                 So I just wanted to make sure we all 

24    understood the universe that we were discussing.  

25    And perhaps Senator Martins and I can work on a 


                                                               3347

 1    bill after budget that would actually make sense, 

 2    to expand the universe in existing rent-regulated 

 3    buildings to become affordable.

 4                 Thank you.

 5                 SENATOR MARTINS:   Madam President, 

 6    if the Senator would continue to yield.

 7                 ACTING PRESIDENT MAYER:   Do you 

 8    continue to yield?  

 9                 SENATOR KRUEGER:   Yes.

10                 ACTING PRESIDENT MAYER:   The 

11    Senator yields.

12                 SENATOR MARTINS:   So yes, I 

13    understand that there is a set-aside for 

14    affordability.  But we're talking specifically, 

15    Senator, are we not, about the -- only those 

16    affordable units and only those that were -- 

17    originally required means-testing for occupancy.  

18                 And therefore, whatever the 

19    developer has developed in terms of market-rate 

20    housing, no, we're not talking about the 

21    market-rate housing, we're talking specifically 

22    about those that would qualify under rent 

23    stabilization that were -- originally required 

24    means-testing for someone to occupy.  And they've 

25    been there and, frankly, now earn more than that 


                                                               3348

 1    initial means-tested amount, such that they 

 2    should make that unit available for someone else 

 3    who now would qualify under whatever parameter, 

 4    whether it's 80 percent or 100 percent of AMI and 

 5    free up hundreds of thousands of units.  

 6                 Wouldn't that be a much better way 

 7    of addressing the affordability issue by actually 

 8    making units that are affordable available to 

 9    people who are earning less?

10                 SENATOR KRUEGER:   Through you, 

11    Madam President.  So either Senator Martins is 

12    amending the earlier proposal or clarifying that 

13    he only meant the subset of units that actually 

14    were designed for low-income people, hence we're 

15    not talking about 300,000 at all.  Because 

16    300,000 would be the entire universe of all the 

17    units in the 421-a rent-regulated system.  

18                 And the, quote, unquote, original 

19    affordable units -- which again, depending on 

20    what year you were picking, was between 

21    10 percent and as much as 20 percent of the units 

22    in any specific building -- who were under 

23    affordability standards, some percentage of them 

24    might actually be people with higher incomes.  

25    But that's a completely different universe and a 


                                                               3349

 1    much, much smaller universe of people.

 2                 SENATOR MARTINS:   Thank you, 

 3    Madam President.  Thank you, Senator Krueger.

 4                 SENATOR KRUEGER:   Thank you.

 5                 ACTING PRESIDENT MAYER:   Senator 

 6    Canzoneri-Fitzpatrick, why do you rise?

 7                 SENATOR CANZONERI-FITZPATRICK:   

 8    Thank you, Madam President.  I was wondering if 

 9    the sponsor would yield for a few questions 

10    regarding Part II, the definition of squatters.

11                 ACTING PRESIDENT MAYER:   Senator 

12    Kavanagh, do you yield?

13                 SENATOR KAVANAGH:   Yes, 

14    Madam President.

15                 ACTING PRESIDENT MAYER:   The 

16    Senator yields.  

17                 SENATOR CANZONERI-FITZPATRICK:   

18    Thank you, Senator.

19                 Reading the definition of squatters, 

20    that there has been an amendment to Section 711 

21    of the Real Property Actions and Proceedings Law, 

22    there's a definition that says that a tenant does 

23    not include a squatter.  However, there is 

24    reference to Section 713 of the Real Property 

25    Actions and Proceedings Law that's basically the 


                                                               3350

 1    summary proceeding.

 2                 So my question to you is under the 

 3    amendments in the current bill that we're voting 

 4    on, how does the change of definition of a tenant 

 5    allow for a homeowner to get a squatter out of 

 6    the property?  Are they required to still go 

 7    through a summary proceeding as it is under 

 8    current law?

 9                 SENATOR KAVANAGH:   Through you, 

10    Madam President.  The bill before us, Part II, is 

11    a clarification of the rights of property owners 

12    in New York State.  There's been a lot of 

13    misinformation, particularly in some of, you 

14    know, some news sources.  But this bill is 

15    intended to clarify that a person who enters or 

16    intrudes into someone's home without permission 

17    is not entitled to possession of the apartment 

18    and may be removed.

19                 It does contemplate -- as we do with 

20    most situations where there are disputes between 

21    private citizens, it does generally contemplate a 

22    proceeding to determine whether those -- you 

23    know, who's correct on the facts.  But it has 

24    long been the case in New York that a squatter is 

25    someone who does not have the right to be in an 


                                                               3351

 1    apartment, who does not have a lease, who does 

 2    not have a preexisting tenant relationship, does 

 3    not have the right to occupy a unit.  And this 

 4    bill is intended to clarify that and ensure that 

 5    that situation can be resolved promptly.  

 6                 But yes, it may well involve a 

 7    summary proceeding before a court to determine -- 

 8    to verify the facts and order the person removed.

 9                 SENATOR CANZONERI-FITZPATRICK: 

10    Through you, Madam President, will the sponsor 

11    continue to yield.  

12                 ACTING PRESIDENT MAYER:   Will the 

13    sponsor yield?

14                 SENATOR KAVANAGH:   Yes, 

15    Madam President.

16                 ACTING PRESIDENT MAYER:   The 

17    sponsor yields.

18                 SENATOR CANZONERI-FITZPATRICK:   So 

19    if this definition doesn't allow for criminal 

20    penalties or civil penalties and it still 

21    requires a landlord to go through a summary 

22    proceeding, how is this benefiting any landowner 

23    currently by making this change?  

24                 Because as I understand it, you 

25    still have to go through a summary proceeding, 


                                                               3352

 1    you still have to hire a lawyer, you're still 

 2    going to go through two years of wait time in 

 3    landlord-tenant court.  There's no provision in 

 4    here that says that the squatter now has to pay 

 5    rent or legal fees or anything to the landowner.  

 6                 So what have we done in this bill to 

 7    protect any landowner?  I don't see the benefit.  

 8    I love the purpose.  I know we have a squatting 

 9    issue.  I know we need to help landowners.  But I 

10    don't think we've done enough, and I'm hoping 

11    you're going to tell me that there's something in 

12    here I'm missing.

13                 SENATOR KAVANAGH:   Through you, 

14    Madam President.  This bill is intended to 

15    clarify the law, and the law is that people who 

16    do not have a -- they do not have a right to be 

17    in these units, they are not tenants.  If you are 

18    a squatter, you are not a tenant.  It defines a 

19    squatter as someone who does not have -- who 

20    intrudes upon the property.  

21                 There are circumstances where, 

22    however, you know, law enforcement officers or 

23    others might arrive at a property and it is clear 

24    from the circumstance that somebody is an 

25    intruder, a burglar or some other such thing.  


                                                               3353

 1    And in those cases it will typically result in an 

 2    arrest.  

 3                 There are other circumstances which 

 4    have been publicized where someone appears to be 

 5    occupying a residential unit, and in that 

 6    circumstance there's sometimes a necessity to 

 7    determine the facts of the situation.  And the 

 8    way we determine facts when people's core 

 9    rights are at stake in New York and in America 

10    generally is that we have judicial proceedings to 

11    determine those facts and determine the legal 

12    consequences.

13                 There's nothing in this bill that 

14    would insulate a squatter or an intruder or a 

15    trespasser from the criminal penalties of 

16    engaging in those actions.  But this is about 

17    determining whether someone has a legal right to 

18    be in an apartment, and it is intended to 

19    clarify, because there seems to have been some 

20    confusion out there, you know, to some extent 

21    created by some tabloids that people have rights 

22    in New York that they do not indeed have under 

23    current law.

24                 SENATOR CANZONERI-FITZPATRICK:  

25    Madam President, on the bill.


                                                               3354

 1                 ACTING PRESIDENT MAYER:   Senator 

 2    Canzoneri-Fitzpatrick on the bill.

 3                 SENATOR CANZONERI-FITZPATRICK:   

 4    Thank you, Senator Kavanagh.  

 5                 I'm extremely disappointed that we 

 6    did not go far enough.  I proposed a bill, I've 

 7    spoken to several Senators on the other side of 

 8    the aisle about my proposal because it would have 

 9    given a squatter a criminal charge of criminal 

10    trespass, which would have allowed police 

11    officers to go in and arrest them, to remove them 

12    from the property, and not allow them to return 

13    to the property.

14                 Unfortunately this bill does 

15    nothing -- as I stated, a squatter is not 

16    required to pay legal fees, rent or any other 

17    penalty to the landowner.  So what have we done?  

18    We've not done anything to help a landowner here.  

19    And as we've said, there's been so much publicity 

20    about squatters.  ABC News has said that it takes 

21    at least two years to evict a squatter.  We've 

22    done nothing to change that.  

23                 We've got situations in Hauppauge 

24    where a family -- it took them three years to 

25    evict a tenant.  In Blue Point, a plumber was hit 


                                                               3355

 1    over the head by a squatter and almost killed.  

 2    In Flushing, a homeowner was arrested for trying 

 3    to keep the squatters out and changing the locks 

 4    in her own home that she inherited from her 

 5    mother.  In Douglaston a family with Down's 

 6    syndrome was unable to use the home they 

 7    purchased due to a squatter moving in.  In 

 8    Manhattan, in the most egregious of situations, a 

 9    woman came home to squatters, was killed and 

10    stuffed in a duffel bag for her child to find in 

11    a closet.  

12                 Senator Mattera has gotten a letter 

13    from a constituent who's 10 years old, begging 

14    him to please change the laws because it's 

15    affected his family.  The father passed away, and 

16    they could not get into their legal home.  

17                 This is a terrible problem.  And we 

18    have an opportunity here to fix this.  And I'm 

19    very disappointed that we did not go far enough 

20    to help landowners and address a problem that we 

21    all agree on both sides of the aisle is a 

22    problem.  I think this is a huge missed 

23    opportunity.

24                 Madam President, I'll be voting in 

25    the negative.


                                                               3356

 1                 ACTING PRESIDENT MAYER:   Thank you, 

 2    Senator.

 3                 Senator Borrello, why do you rise?

 4                 SENATOR BORRELLO:   Madam President, 

 5    if the sponsor would yield for Part FF, 

 6    specifically on the IAI increases.

 7                 ACTING PRESIDENT MAYER:   Senator 

 8    Kavanagh, do you yield?  

 9                 SENATOR KAVANAGH:   Yes, 

10    Madam President.

11                 ACTING PRESIDENT MAYER:   The 

12    Senator yields.

13                 SENATOR BORRELLO:   So am I correct 

14    that -- in understanding that the increases 

15    provided in this act will allow an owner to 

16    recapture up to $50,000 in improvements to a 

17    unit?  Is that correct?

18                 SENATOR KAVANAGH:   Through you, 

19    Madam President, yes.  We are actually creating 

20    two -- under current law, there is a maximum of 

21    $15,000 that is recoverable in an IAI 

22    expenditure.  With this bill we would be creating 

23    effectively two tiers.  

24                 There's a $30,000 tier that replaces 

25    the current maximum recoverable expense of 


                                                               3357

 1    $15,000 in any 15-year period.  We're leaving 

 2    most of the provisions of that intact but saying 

 3    that 30,000 may be spent and recoverable, rather 

 4    than 15, in multiple increments over the course 

 5    of 15 years.  

 6                 We're creating a higher tier 

 7    permitting $50,000 in recoverable expenses, but 

 8    that is intended to apply to limited situations 

 9    where additional improvements are needed in an 

10    apartment beyond what can be accomplished with 

11    $30,000, to address substandard conditions.  It's 

12    our intent, provided in the statute, that HCR 

13    will issue robust rules to ensure that IAIs are 

14    not abused and that the only apartments that can 

15    access the higher tier are those apartments that 

16    need it, where $30,000 is insufficient.  

17                 There are two circumstances in which 

18    a 50,000 IAI would be available if the landlord 

19    met the other -- you know, the other conditions, 

20    and those are either that there has been a 

21    tenancy that has ended that has had a duration of 

22    25 years continuous tenancy, or there's a 

23    provision for units that have been vacant 

24    continuously since on or before April 1, 2022.  

25    So for two years.  


                                                               3358

 1                 And in both of those circumstances, 

 2    if the landlord meets the standards that HCR will 

 3    promulgate, they would be permitted to expend 

 4    $50,000 and recover it.  In addition for the 

 5    $50,000 IAIs, we're allowing a slightly higher 

 6    rate of recovery than for the traditional 

 7    $30,000 IAIs.  

 8                 And we are also, in this bill, 

 9    making IAIs permanent.  Currently there is a 

10    recoupment period and after that recoupment 

11    period ends, the amount that the rent has gone up 

12    as a result of the IAI declines back to the 

13    original rent.  

14                 Under this bill, that amount will 

15    now be permanently part of the rent going forward 

16    beyond the recoupment period.  

17                 SENATOR BORRELLO:   Thank you.  

18                 Will the sponsor continue to yield, 

19    Madam President?  

20                 ACTING PRESIDENT MAYER:   Will the 

21    sponsor continue to yield?

22                 SENATOR KAVANAGH:   Yes, 

23    Madam President.

24                 ACTING PRESIDENT MAYER:   The 

25    sponsor yields.  


                                                               3359

 1                 SENATOR BORRELLO:   Thank you for 

 2    that detail.  A "yes" would have sufficed, but 

 3    thank you.

 4                 As a follow-up question, then, so is 

 5    that $50,000 for each unit in a building, in a 

 6    multi-unit building?  

 7                 SENATOR KAVANAGH:   Through you, 

 8    Madam President, yes.  The individual apartment 

 9    improvement provisions are about improvements to 

10    a single unit.

11                 SENATOR BORRELLO:   Madam President, 

12    will the sponsor continue to yield.

13                 ACTING PRESIDENT MAYER:   Does the 

14    sponsor yield?

15                 SENATOR KAVANAGH:   Yes, 

16    Madam President.

17                 ACTING PRESIDENT MAYER:   The 

18    sponsor yields.

19                 SENATOR BORRELLO:   We all know that 

20    the $15,000 limit that's currently in place has 

21    been a disaster.  You know, we hear stories about 

22    rent-regulated apartments being, you know, 

23    horribly unmaintained because of that limit.  

24                 So 30,000 and then, if there's 

25    special circumstances, $50,000.  Yet we just 


                                                               3360

 1    heard yesterday that NYCHA is spending, on 

 2    average, $400,000 per unit to upgrade their 

 3    units.  What makes you think that $50,000 would 

 4    even begin to be able to provide, you know, 

 5    proper licensed contractors, union contractors, 

 6    to actually perform an upgrade when NYCHA is 

 7    spending $400,000 a unit versus, at most, 50?  

 8                 SENATOR KAVANAGH:   Through you, 

 9    Madam President.  To take the beginning of my 

10    colleague's statement/question, we do not indeed 

11    know that the IAI provisions have been a 

12    disaster.  There are -- we are raising the 

13    $15,000 limit here partly to address inflation -- 

14    $15,000 in 2019 dollars would be more than 

15    $18,000 today.  And we are adding some additional 

16    flexibility to permit additional improvements.  

17                 But there is very little evidence 

18    that the IAI provisions of 2019 have had a 

19    meaningful effect on the vast majority of 

20    apartments.  The $50,000 provision is intended to 

21    address circumstances where there may be a very 

22    long tenancy or an unusual circumstance where 

23    additional money is needed.  

24                 With respect to the amounts of 

25    capital necessary to provide renovations in 


                                                               3361

 1    public housing, there are a few very different 

 2    factors that might be at play there.  First of 

 3    all, those are buildings that have been very 

 4    substantially underfunded, in many cases for 

 5    decades, partly because the U.S. Congress in its 

 6    wisdom decided over the course of many years to 

 7    determine how much funding was necessary to 

 8    support our public housing and then provide a 

 9    fraction of that money year in and year out over 

10    the course of decades.  So you're dealing with a 

11    great deal of capital neglect over many years.  

12                 The rent-stabilized system of course 

13    is a system that provides that all landlords have 

14    a right to make a reasonable profit after making 

15    necessary capital improvements to improve their 

16    property.  

17                 And the other thing that's different 

18    is that this IAI provision is only one of two 

19    provisions that are in the law that permit 

20    improvements to buildings that can be recoverable 

21    in rent.  The other is the major capital 

22    improvement provision.  

23                 Most of the work that is done in the 

24    New York City Housing Authority and other housing 

25    authorities throughout the state is in the form 


                                                               3362

 1    of major capital improvements to roofs and 

 2    boilers and other building-wide systems that are 

 3    very expensive.  

 4                 There is a provision of the 

 5    rent-stabilization law that is not before us 

 6    today that provides for a means for 

 7    rent-stabilized landlords to recoup the cost of 

 8    those improvements.  And again, that has also 

 9    been in place for many years.

10                 SENATOR BORRELLO:   Madam President, 

11    will the sponsor continue to yield.

12                 ACTING PRESIDENT PERSAUD:   Does the 

13    Senator yield?

14                 SENATOR KAVANAGH:   Yes, 

15    Madam President.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.  

18                 SENATOR BORRELLO:   Yes, thanks 

19    again for that explanation.  

20                 You mentioned inflation.  You know, 

21    now with good-cause eviction being included in 

22    this budget and the prospect of lifetime tenancy, 

23    you have $50,000 over the course of, say, 

24    15 years, which is the time allotted, 14 -- 13, 

25    14, 15 years to recoup that money back.  Is there 


                                                               3363

 1    an inflation-adjuster for that going through that 

 2    15-year period?  

 3                 In other words, $50,000 in the 

 4    future value of money in 13 or 14 years isn't 

 5    $50,000.  Do we have an inflation-adjuster in 

 6    there?  

 7                 SENATOR KAVANAGH:   Through you, 

 8    Madam President.  I don't know if this was the 

 9    thrust of my colleague's comment, but just to 

10    clarify.  

11                 Good-cause eviction will not affect 

12    the housing we're talking about here, 

13    rent-stabilized units.  Rent-stabilized tenants 

14    for many years have been entitled to a renewal 

15    lease at a rent that is set by rent guidelines 

16    boards and other provisions of law.  

17                 So good-cause eviction is not 

18    relevant to this conversation, unless my 

19    colleague was just trying to use it 

20    metaphorically.

21                 SENATOR BORRELLO:   Well, still, 

22    you're going to -- if I amortize this over, you 

23    know, 12 or 13, 14 years, you know, that future 

24    value of that $50,000 over that period of time, 

25    are we adjusting for that?


                                                               3364

 1                 SENATOR KAVANAGH:   So I was getting 

 2    to the second part of my colleague's 

 3    conversation.  

 4                 What we're doing today is making a 

 5    very substantial increase in this amount that 

 6    greatly exceeds inflation since 2019, but there's 

 7    not a prospective inflation adjustment in the 

 8    bill before us today.  

 9                 So, you know, perhaps some future 

10    legislature will be considering the results of 

11    inflation over years subsequent to today and 

12    determine whether those numbers need to be 

13    increased as a result.

14                 SENATOR BORRELLO:   Madam President, 

15    will the sponsor continue to yield.  

16                 ACTING PRESIDENT PERSAUD:   Will the 

17    sponsor yield?

18                 SENATOR KAVANAGH:   Yes, 

19    Madam President.  

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR BORRELLO:   The thrust of my 

23    question is this.  You know, when someone invests 

24    $50,000, you know, this is often done by 

25    borrowing money from a bank, often through a line 


                                                               3365

 1    of credit.  Those interest rates vary.  Obviously 

 2    costs vary.  But you've got this limit -- if you 

 3    put $50,000 -- and, by the way, this is approved, 

 4    which that's another question -- that $50,000 can 

 5    only be paid back over the course of I believe 

 6    just shy of 14 years.  Because the limit is what, 

 7    $324 is the amortized amount?  

 8                 How can you possibly justify that?  

 9    I mean, that's like -- that $50,000 investment, 

10    by the way, will probably -- whatever 

11    improvements were made over the course of 

12    15 years will probably need to be made again 

13    before that amortization is even up, that 

14    recoupment is even up.  

15                 How can you justify such a small 

16    dollars amount to recoup that amount of money?  

17                 SENATOR KAVANAGH:   Through you, 

18    Madam President.  First of all, just to clarify, 

19    the IAIs are limited to improvements to property 

20    that are -- they're restricted to things that 

21    have exceeded their usable life.  So the sort of 

22    duration of the benefit that -- the improvement 

23    to the apartment that is done by an IAI will be 

24    determined by the usable life of the appliances 

25    or other improvements that are being made.  


                                                               3366

 1                 The IAI system has never been 

 2    about -- oh, sorry.  Since 2019, the IAI system 

 3    has been about making reasonable improvements on 

 4    rent-regulated housing and getting a reasonable 

 5    return for that investment as part of the overall 

 6    obligation to maintain one's housing in good 

 7    condition.  

 8                 Before 2019, in some provisions that 

 9    had been negotiated very aggressively by the 

10    real estate industry, in some cases IAIs 

11    generated a 23 percent return for every dollar 

12    somebody put into an IAI.  That was widely viewed 

13    as an incentive for property owners to abuse the 

14    system.  

15                 And indeed, abuse seemed quite 

16    common.  There was a study by HCR done in 2014 

17    where they estimated about 40 percent of all IAIs 

18    seemed to be, you know, fraudulent or otherwise, 

19    you know, excessive, getting excessive rent 

20    increases in exchange for the amount that they'd 

21    invested.  We had extensive conversations in 2019 

22    with the Attorney General of the State of 

23    New York that had investigated and prosecuted 

24    people for abusing the old IAI system.  

25                 What the system that we put in place 


                                                               3367

 1    in 2019 does is it creates a reasonable rate of 

 2    return in exchange for property owners investing 

 3    in their own buildings, making improvements, and 

 4    that allows them to make significant increases in 

 5    the rent to cover the reasonable cost of those 

 6    improvements.

 7                 SENATOR BORRELLO:   Madam President, 

 8    on the bill.

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Borrello on the bill.

11                 SENATOR BORRELLO:   Time is short, 

12    so I'm just going to make my last few points on 

13    this.

14                 You know, we are telling someone who 

15    owns a piece of property that with the permission 

16    of the Office of Housing and Community Renewal -- 

17    we don't know how long that's going to take for 

18    that approval.  With their approval, their 

19    permission, you can spend up to $15,000 and it's 

20    going to take you 15 years -- 14 years to recoup 

21    that money.  What that amounts to is a 14-year 

22    interest-free loan to tenants, essentially, 

23    because you're making those improvements for the 

24    tenants.  

25                 Folks, this is not how it works.  I 


                                                               3368

 1    know that my colleagues are going to say they 

 2    have this picture of all these wealthy people, 

 3    sitting on a pile of cash and gold bars, that 

 4    just pull out cash to pay for things like that.  

 5    But that's not how it works.  You have to borrow 

 6    money in most cases, often from a 

 7    variable-interest loan.  And we're saying you're 

 8    going to borrow money to invest it in something 

 9    that you're going to be able to recoup that money 

10    for 14 years, interest-free.  

11                 Now, you might say tough, this is 

12    the rules we want to put in place.  But the 

13    reality is we have a housing crisis.  And we are 

14    now about to, again, tie another rope around 

15    property owners and pull them down, pull them 

16    back.  No more.  They will find other places to 

17    invest that money.

18                 Just to give you an idea, let's go 

19    to $30,000.  If you invest $30,000 at, you know, 

20    a modest rate of return over the course of 

21    12 years, roughly 5 percent return, that comes 

22    out to $54,595.  So your choice is zero, 

23    investing in things that actually deteriorate and 

24    that you're probably going to have to replace 

25    again, and likely before that 14-year period is 


                                                               3369

 1    up, that 12-year period is up.  

 2                 Where are you going to put your 

 3    money?  You're not going to put your money in 

 4    housing.  You're not going to put your money in 

 5    the property that you own.  Because there's no 

 6    good return on it.  And you're going to have the 

 7    same problem we have in New York City right now, 

 8    with places that are not properly maintained 

 9    because they can't afford to do it.

10                 This is just an absolute disaster 

11    that is going to drive away people from owning 

12    property.  And I think that's the goal.  The goal 

13    is we're going to get rid of private property 

14    rights.  We're going to get rid of people that 

15    actually want to own a building and rent it out 

16    to somebody else, maybe build a little, you know, 

17    a little wealth for themselves and their family 

18    and their future generations, and we're going to 

19    say, No.  Unless you can afford to own your own 

20    home, you're going to live in some kind of 

21    government-controlled housing.  

22                 That may or may not be the 

23    intention, but that will be the end result.  Once 

24    again, driving New York State further and further 

25    into being a Third World nation.


                                                               3370

 1                 I'm voting no.  Thank you.  

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Rhoads.

 4                 SENATOR RHOADS:   Thank you, 

 5    Madam President.  I'll yield to my colleagues and 

 6    I'll circle back if there's time at the end.

 7                 ACTING PRESIDENT PERSAUD:   Okay.  

 8                 Senator Murray.

 9                 SENATOR MURRAY:   Thank you, 

10    Madam President.  I'd like to ask a few questions 

11    under Part K.  That would be the frequency-of-pay 

12    violations.

13                 ACTING PRESIDENT PERSAUD:   

14    Senator Krueger?  

15                 SENATOR KRUEGER:   I'm sorry.  Is 

16    Part K liquidated -- I'm so sorry, did you say K?

17                 SENATOR MURRAY:   K.

18                 SENATOR KRUEGER:   K.  (Pause.)

19                 Hi.  I'm ready.

20                 ACTING PRESIDENT PERSAUD:   The 

21    Senator yields.  

22                 SENATOR MURRAY:   Would the sponsor 

23    yield for a few questions?  

24                 ACTING PRESIDENT PERSAUD:   Yes, she 

25    yields.


                                                               3371

 1                 SENATOR KRUEGER:   Yes.

 2                 SENATOR MURRAY:   Thank you.

 3                 So under this section we're dealing 

 4    with the frequency of pay of manual workers.  Can 

 5    we start -- can you give us the definition, the 

 6    legal definition of manual worker that an 

 7    employer would use to qualify their employees?

 8                 SENATOR KRUEGER:   Workers who spend 

 9    at least 25 percent of their time doing manual 

10    labor.  And that can be a whole host of different 

11    kinds of manual labor.

12                 SENATOR MURRAY:   Will the sponsor 

13    continue to yield.  

14                 ACTING PRESIDENT PERSAUD:   Does the 

15    Senator yield?  

16                 SENATOR KRUEGER:   Yes.

17                 ACTING PRESIDENT PERSAUD:   The 

18    sponsor yields.  

19                 SENATOR MURRAY:   Do you know, is 

20    there a list of particular jobs that qualify as 

21    manual labor?  

22                 SENATOR KRUEGER:   No.

23                 SENATOR MURRAY:   Would the sponsor 

24    continue to yield.

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               3372

 1    sponsor yield?  

 2                 SENATOR KRUEGER:   Yes.

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.  

 5                 SENATOR MURRAY:   So under this, 

 6    we're falling under Section 191 of Labor Law.  

 7    And I'm going to give you an example.  And if you 

 8    could explain to me where the damages come from.  

 9                 So you have a worker who's working 

10    35 hours a week, getting a thousand dollars a 

11    week.  If they work two weeks, it's 70 hours, 

12    $2,000.  Under this, if they called themselves a 

13    manual worker and sued the employer, claiming 

14    they weren't being paid properly, but the 

15    employer paid biweekly $2,000, where are the 

16    damages?  Where was the wage theft?  What are 

17    they losing?

18                 SENATOR KRUEGER:   So the 

19    requirement remains they have to be paid weekly.  

20    It's not a question of wage theft specifically.  

21    And because there were so many questions and 

22    confusions about all the rest of it, it was 

23    omitted.  So we're not changing this section of 

24    law.

25                 SENATOR MURRAY:   Okay.  


                                                               3373

 1                 Madam President, on the bill.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Murray on the bill.

 4                 SENATOR MURRAY:   Thank you, 

 5    Senator Krueger.  

 6                 You're right, but the damages do 

 7    come into play.  And wage theft does come into 

 8    play, because these companies are being sued for 

 9    not paying them properly, and the damages are 

10    falling under Section 198 of Labor Law, which is 

11    in fact wage theft.  And in fact, it says that 

12    the employer is subject to a private right of 

13    action and liquidated damages equal to half of 

14    all wages paid up to six years, which is the 

15    statute of limitations, plus interest at 

16    9 percent, plus attorney's fees.  

17                 So in the example I just gave, if 

18    you have an employer -- for example, a Dairy 

19    Queen -- happened to be owned by two sisters who 

20    pitched in to become franchise owners -- in my 

21    district, and their employee, a disgruntled 

22    employee who was relieved from their job for 

23    falling asleep on the job, but claimed that they 

24    were a manual worker because they stood at the 

25    cash register their entire shift.  That, to them, 


                                                               3374

 1    was manual work.  

 2                 So they claim they were manual 

 3    workers.  They're suing them.  Under that 

 4    example, if they were making the thousand dollars 

 5    per week, under labor law this employer would be 

 6    responsible for, if my math is correct, up to 

 7    $156,000 in damages, plus 9 percent, plus 

 8    attorney's fees.  

 9                 If this employer had 10 employees -- 

10    just 10 -- we're talking, when you add all that 

11    up, close to $2 million.  This is putting small 

12    companies out of business.  

13                 I might add, by the way, that larger 

14    companies can be exempt.  If the commissioner 

15    approves it, large companies of a thousand 

16    employees or more are exempt from this.  

17                 So we want to look out for the 

18    workers.  Or do we?  Because what we're doing 

19    here is we're putting small companies out of 

20    business with this.  There are lawsuits being 

21    filed left and right, frivolous or not, but left 

22    or right, taking a shot, hoping for large 

23    settlements.  And these employers, some of them 

24    very small companies, say I can't do it.  They're 

25    closing up shop.  How does that help the 


                                                               3375

 1    employees when they're put out of work by this?  

 2                 What we need -- and I should have 

 3    asked this question too, but I also already know 

 4    the answer, so I'll say it.  In this bill what we 

 5    need is we need the Commissioner of the 

 6    Department of Labor to clearly and definitively 

 7    define what a manual worker is.  We've been 

 8    asking for that.  It's not being done.  Until 

 9    that happens, we'll have frivolous lawsuits like 

10    this, we'll have small companies being put out of 

11    business.  And we just can't have that.  

12                 I have more to say, but I know we're 

13    up against the clock, so I'll explain my vote, 

14    and I'll cede the rest of my time to my 

15    colleagues.  Thank you.

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Weik.

18                 SENATOR WEIK:   Thank you, 

19    Madam President.  

20                 Good-cause eviction.  Much like 

21    Hotel California, you can opt in, but you can 

22    never leave.  

23                 (Laughter.)

24                 SENATOR WEIK:   But let's play that 

25    out for the next 10 years.  It makes an area that 


                                                               3376

 1    opts in less attractive to invest, and it hurts a 

 2    community instead of helps the community.  And of 

 3    course if building is the goal, then we want 

 4    landlords to want to build.  This squatters rule 

 5    does nothing to help that.  And of course 

 6    accessory dwelling units, legalizing accessory 

 7    dwelling units is not a favorable move.

 8                 Moving on, PLAs for SUNY.  Great.  

 9    What a great piece to have in this bill.  I thank 

10    Senator Mario Mattera for all his work for many 

11    years to make sure something like this happens.  

12                 And yet we see no tools, nothing to 

13    fix wage theft.  And in my district, the 

14    number-one complaint is wage theft.  What can we 

15    do, what are we doing?  And yet we see no 

16    additional tools being put into this budget to 

17    help fix wage theft.  

18                 This bill authorizes taxpayer 

19    dollars to pay for abortions.  Taxpayer dollars.  

20    I mean, if we're going to do that, if it's good 

21    enough for veterans and for cancer organizations, 

22    let's do a check-off box on your income tax 

23    return and let people have a choice.  I bet you 

24    that money would get distributed in a timely 

25    fashion.


                                                               3377

 1                 Education.  We fully funded 

 2    Foundation Aid, but there's no increase for 

 3    save-harmless.  That means teachers lose jobs.  

 4    Teachers are losing jobs right now because of 

 5    this budget.

 6                 Free lunch for all?  Not in this 

 7    bill.  Still free lunch for some.  Mission not 

 8    accomplished.

 9                 Tier 6.  This bill reduces the final 

10    average salary calculation from five years to 

11    three years.  Well, as ranker on Civil Service, 

12    we held hearings in the fall to try to find 

13    solutions for recruitment and retention.  What 

14    this bill did was make it really attractive to 

15    retire.  So that was counterproductive.

16                 Fare enforcement.  This bill 

17    actually, if you read it through, actually 

18    rewards people who jump the turnstiles.  But toll 

19    enforcement, if you're driving, actually 

20    increases the fines.  And yet we see more 

21    financial loss, almost a billion dollars, from 

22    fare evaders, and we see less from toll evaders.  

23    Enforcement should reflect the level of offense, 

24    and this bill just does not do it.  

25                 And for that, Madam President, I 


                                                               3378

 1    vote in the negative.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Rhoads.

 4                 SENATOR RHOADS:   Thank you, 

 5    Madam President.  

 6                 You know, our good colleague, our 

 7    resident hero, Senator Walczyk, who normally sits 

 8    behind me but is serving overseas, drew a 

 9    wonderful example.  He'd draw attention to the 

10    state flag and to our state symbol, where you see 

11    a crown.  And that's the British crown.  And 

12    that's Lady Liberty kicking the British crown.  

13    But through this bill and through good-cause 

14    eviction and through what we've seen over the 

15    course of the last several days, we are seeing 

16    that crown being taken off the ground by the 

17    State of New York and placed on the head of the 

18    state -- not of the people, but on the head of 

19    the state.

20                 Socialism is private property but 

21    complete government control.  Private ownership, 

22    but complete government control.  And when you 

23    look at what's happening with good-cause 

24    eviction, when you look at what's happening in 

25    this state with the Housing for the Future 


                                                               3379

 1    program, where essentially you're saying to local 

 2    governments, The state has the ability through 

 3    this authority to take your property without your 

 4    consent and to use it for housing, regardless of 

 5    local zoning restrictions, regardless of local 

 6    control over the ability for local residents to 

 7    determine how they are going to structure their 

 8    own communities, structure their own 

 9    neighborhoods, and preserve the communities in 

10    the manner in which they want to live.

11                 When you look at good-cause eviction 

12    and the idea that you can own a piece of property 

13    but we're going to tell you who you can rent to, 

14    we're going to tell you how much you can charge, 

15    we're going to tell you how long the term is 

16    going to be for, we can tell you under what 

17    circumstances you're allowed to retake control of 

18    your own property -- that is socialism.  It may 

19    be the latest incremental move towards socialism, 

20    but that is the end result.

21                 And so the question for this chamber 

22    is, is that where we want this state to go?  

23                 We completely ignore the fact that 

24    while we have a housing crisis, our solutions 

25    aren't working.  Our solutions for New York City 


                                                               3380

 1    aren't working.  You have lost 540,000 people, 

 2    residents, in the City of New York since COVID.  

 3    So since 2020, you have lost half a million 

 4    residents.  But you still have a housing crisis.  

 5    You have fewer people, but you still have a 

 6    housing crisis.  

 7                 And so the solution, to provide 

 8    incentives to build housing but then turn around 

 9    and smack everyone over the head, anyone who 

10    would want to come in and invest in the City of 

11    New York, over the head with a big stick -- 

12    that's what we've been doing all along.  And it 

13    isn't working.  Except now, instead of just 

14    taking this carrot-and-stick approach, you are 

15    giving the carrot to the City of New York and 

16    then you are taking the stick and beating the 

17    rest of the state over the head with the stick.

18                 This will exacerbate the issues that 

19    we're having with respect to housing in every 

20    other part of the state.  And the sad reality is, 

21    it will not fix the problem that you are having 

22    in the City of New York, because of this simple 

23    fact.  That people who own property, people who 

24    invest their time and their capital to build 

25    housing, do not do it to build housing.  They do 


                                                               3381

 1    it to make a profit.  

 2                 Businesses in the State of New 

 3    York -- and we see this all the time in things 

 4    that we pass.  Businesses in the State of New 

 5    York do not exist to create jobs.  They exist to 

 6    turn a profit.  And the moment that we take the 

 7    housing, the moment that we take housing and make 

 8    it impossible for people to make money in the 

 9    State of New York in the business of housing, is 

10    the moment that you won't have anyone developing 

11    housing.  And that's where you are right now.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Rhoads, sorry to interrupt, but your time is up.

14                 SENATOR RHOADS:   Thank you so much.  

15                 So this -- if I can just conclude, 

16    so this is clearly a mistake.  And this is the 

17    latest step in a path that will not make New York 

18    safer, that will not make New York more 

19    affordable, but will continue the downward spiral 

20    that is leading to 1.5 million people fleeing the 

21    state -- not because they want to but because 

22    they can't afford to stay.

23                 Thank you, Madam President.

24                 ACTING PRESIDENT PERSAUD:   Thank 

25    you, Senator Rhoads.


                                                               3382

 1                 Are there any other Senators wishing 

 2    to be heard?

 3                 Seeing and hearing none, debate is 

 4    closed.

 5                 Read the last section.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Madam President, 

 8    we've agreed to restore this bill to the 

 9    noncontroversial calendar.

10                 ACTING PRESIDENT PERSAUD:   The bill 

11    is restored to the noncontroversial calendar.

12                 Read the last section.

13                 THE SECRETARY:   Section 3.  This 

14    act shall take effect immediately.  

15                 ACTING PRESIDENT PERSAUD:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT PERSAUD:   Senator 

19    Gianaris to explain his vote.

20                 SENATOR GIANARIS:   Thank you, 

21    Madam President.

22                 Much of the debate around this bill 

23    was centered on housing, but I did hear a couple 

24    of mentions of the Tier 6 fix that we are 

25    enacting.  And so I did want to correct the 


                                                               3383

 1    historical record by reading a public statement 

 2    from June 26, 2012, into the record.  And this 

 3    was a post that was made at that time, and so I 

 4    quote from it.

 5                 It says:  "This was once again a 

 6    year of progress on many fronts, with an overall 

 7    impact that cannot be missed -- state government 

 8    in New York is finally working again.  Here is 

 9    just a few ways how.  

10                 "We tackled public employee pension 

11    reform with a new Tier 6, which includes new 

12    employee contribution rates, an increase in 

13    retirement age, and other cost saving measures.  

14    It will save taxpayers more than $80 billion over 

15    the next 30 years.  

16                 "These achievements make one thing 

17    abundantly clear.  Albany is working again.  The 

18    Senate -- this person said about the Republican 

19    majority at the time -- is working hand in hand 

20    with Governor Cuomo to get things done."

21                 And of course that was from the desk 

22    of Senator Jack M. Martins.

23                 So as I listened to the comments, 

24    spare us, please, the hypocritical criticism of 

25    our efforts to unravel the horrible mistakes of 


                                                               3384

 1    your previous majority.  I would rather that you 

 2    just said thank you and went on your way.  

 3                 Either way, we will continue to make 

 4    this state better for working people by 

 5    continuing to correct your errors.

 6                 I vote aye, Madam President.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Gianaris in the affirmative.

 9                 Senator Salazar to explain her vote.

10                 SENATOR SALAZAR:   Thank you, 

11    Madam President.  

12                 I want to say I genuinely appreciate 

13    the humor that Senator Weik brought when she 

14    spoke on the bill regarding good-cause eviction 

15    as Hotel California.  

16                 I just want to note that the State 

17    of California has had their own good-cause 

18    eviction law since 2019, and there's no evidence 

19    that it has inhibited the housing market there.

20                 I want to first thank our Majority 

21    Leader, Andrea Stewart-Cousins, for her support 

22    throughout this process, for her leadership that 

23    has made it possible to create a historic 

24    good-cause eviction law for the first time in 

25    New York.  


                                                               3385

 1                 It was only 10 years ago that I 

 2    found myself in Housing Court without an 

 3    attorney, speaking for myself and my neighbors in 

 4    our efforts to just get our building's faceless 

 5    LLC landlord and management company to fulfill 

 6    their most basic obligations to us as their 

 7    tenants.  It was a situation that far too many 

 8    New Yorkers are still forced to deal with.  

 9                 We lived in an unregulated apartment 

10    in Upper Manhattan at the time, where the 

11    landlord had failed to adequately heat the 

12    apartment in the winter, had refused to make 

13    urgent repairs to make the apartment habitable, 

14    allowed a severe rat infestation to persist, 

15    affecting the entire building and imposing 

16    serious health risks.  

17                 We went to Housing Court to address 

18    these problems because the situation was 

19    desperate.  But I knew that even if we succeeded 

20    in that immediate battle for basic repairs and 

21    making the apartments safe to live in, we would 

22    ultimately lose the war, solely because our 

23    apartment was unregulated.  Fighting to enforce 

24    our legal rights to a safe and habitable home 

25    ultimately meant we would not be allowed to stay 


                                                               3386

 1    in our home.  We saw the same fate, the same 

 2    constant fear that unregulated tenants across the 

 3    State of New York still face.

 4                 We have seen a lot of progress in 

 5    the fight for housing justice in the 10 years 

 6    since then.  But until today, with the passage of 

 7    this bill, New Yorkers in unregulated housing 

 8    have universally lacked protections against 

 9    unjust evictions and unreasonably high rent 

10    increases.  And that lack of basic protections 

11    against the violence of eviction has led to 

12    immense, immeasurable human suffering.

13                 It is precisely that lack of legal 

14    protections for unregulated tenants that we are 

15    just beginning to address through this 

16    legislation today.  This law marks the single 

17    most substantial expansion of tenants' rights in 

18    New York that we have seen in 50 years.  Under 

19    existing law, a landlord in the free market has 

20    unlimited discretion to evict a tenant or 

21    increase the rent by any amount at the end of the 

22    tenant's lease term.  The good-cause-eviction law 

23    breaks from that status quo, one that is grounded 

24    in antiquated ideologies that prioritize profits 

25    over people.  


                                                               3387

 1                 Today we are taking this critical 

 2    step to promote the rights of New Yorkers to 

 3    stability in their homes and communities where 

 4    they live and work and raise their children.  

 5                 I want to be to be very clear.  I 

 6    believe that every single New Yorker, every 

 7    single family in our state deserves the strongest 

 8    legal rights to stay in their homes.  This bill 

 9    alone, sadly, cannot achieve that.  But I will 

10    continue to fight until the laws in our state 

11    finally do.

12                 Thank you, Madam President.  I vote 

13    aye.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Salazar to be recorded in the affirmative.

16                 Senator Hinchey to explain her vote.

17                 SENATOR HINCHEY:   Thank you, 

18    Madam President.  

19                 We've heard a lot about housing and 

20    outside New York City in this conversation today.  

21    And as a Majority member representing outside of 

22    New York City, I think it's incredibly important 

23    to remind my colleagues that New York is a 

24    home-rule state.  One of the most important jobs 

25    that we have as a State Legislature is to give 


                                                               3388

 1    our municipalities the tools that they seek and 

 2    the tools that they need and the tools that they 

 3    ask for to be able to do what they know best for 

 4    the communities that they represent.  

 5                 From across the state, including in 

 6    my region, communities like Albany, Newburgh, 

 7    Poughkeepsie, Kingston, Beacon, New Paltz, 

 8    Hudson, Rochester and Ithaca and many others have 

 9    asked us, they have asked the state for help in 

10    regards to tenant protections.  What we are doing 

11    in this bill is giving the communities the 

12    abilities that they have asked for.  We are 

13    giving them the ability to keep people in their 

14    homes when they see the housing crisis come to 

15    their back door.  

16                 And in SD 41, in the community that 

17    I represent in the Hudson Valley, we have been 

18    disproportionately impacted by the housing 

19    crisis, being the number-one place people moved 

20    to throughout the pandemic.  And while I am 

21    incredibly disappointed that short-term rentals 

22    did not make it through -- specifically the 

23    rental-term rental registry did not make it 

24    through this broader housing conversation, and I 

25    know that we've a lot more to do in working with 


                                                               3389

 1    the Governor to get her there, to understand that 

 2    short-term rentals are part of the housing crisis 

 3    and that we have to address it, we are doing a 

 4    good number of things in this budget to actually 

 5    move the housing crisis in solving it forward.  

 6    And I'm incredibly proud of that.  

 7                 On education, I'd be remiss if I did 

 8    not stand here and loudly thank Majority Leader 

 9    Andrea Stewart-Cousins and Education Chair 

10    Senator Shelley Mayer and all of my colleagues 

11    for their fight in restoring the cuts to 

12    Foundation Aid that were proposed also by the 

13    Governor.  The Hudson Valley would have been the 

14    number-one-impacted community in cuts to 

15    Foundation Aid, with the three school districts 

16    facing the highest cuts in my district alone.

17                 We have restored that funding, 

18    making sure that there are no cuts to school 

19    funding this year, and put plans in place so that 

20    we can actually really understand how to better 

21    fund our schools in the future.

22                 So thank you to my colleagues, thank 

23    you to Majority Leader Stewart-Cousins, and on 

24    this bill I vote aye.

25                 Thank you, Madam President.


                                                               3390

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Hinchey to be recorded in the affirmative.

 3                 Senator Murray to explain his vote.

 4                 SENATOR MURRAY:   Thank you, 

 5    Madam President.  

 6                 To finish up on what I was saying 

 7    when I was speaking earlier regarding the wage 

 8    theft, I just want to make clear that these 

 9    companies that are paying biweekly instead of 

10    weekly, the employees got every single penny they 

11    earned.  They didn't lose anything.  So again, I 

12    don't understand the suing for damages.  There 

13    were no damages.  They got every penny.  

14                 If an employer happened to mistake 

15    the law, should they pay a fine?  Maybe, sure.  

16    But these damages are putting businesses out.  So 

17    that can't happen.

18                 I came into this wanting to vote for 

19    this bill.  I commend Senator Jackson on his 

20    efforts with Tier 6.  I was proud to work with 

21    him and stand with him and push for this.  And 

22    this is a start.  It is a start.  It's a good 

23    step in the right direction.  

24                 As far as the PLAs, Senator Mayer 

25    and my good friend Senator Mattera, working hard 


                                                               3391

 1    to push that.  Not where we wanted to be, at 

 2    $3 million, but it's a step in the right 

 3    direction.  

 4                 But then I look at some of the 

 5    other -- the good-cause, the attack on 

 6    private-property ownership, the attack on the 

 7    small businesses that I just mentioned that are 

 8    just being encouraged.  

 9                 Then we look at what this bill was 

10    supposed to be about, and that's school funding.  

11    And yes, the Foundation Aid restored it.  Except 

12    I have 10 school districts in my Senate district; 

13    six of them got goose egg when it came to 

14    Foundation Aid increases.  Nothing.  One school 

15    district, my school district where I live, 

16    South Country School District, year over year, 

17    amount of change:  $7,414.  Wow.  Great job.

18                 And then finally, and sticking with 

19    Senator Gianaris's theme here, this is the truth.  

20    And I know some can't handle the truth, but the 

21    truth is -- 

22                 (Laughter.)

23                 SENATOR MURRAY:   -- we should be 

24    embarrassed.  Ninety million dollars was all we 

25    needed to make sure every child in this state was 


                                                               3392

 1    fed in schools, and we couldn't fit it into a 

 2    $237 billion budget?  It's embarrassing.  

 3                 I vote no.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Murray to be recorded in the negative.

 6                 Senator Rivera to explain his vote.

 7                 SENATOR RIVERA:   Thank you, 

 8    Madam President.  

 9                 As we stated yesterday, as was 

10    stated yesterday, all budgets are negotiations 

11    and all results of budgets are never perfect.  

12    But to again paraphrase our leader, there are 

13    things that should be pointed out when people are 

14    "happish," and that's what we're trying to go 

15    for.  

16                 But I do need to stand up for a 

17    second and talk about, very quickly, about what 

18    we did in the housing-related field.  We had a 

19    very lively discussion.  The fact is that the 

20    version that we passed is not the original 

21    version of good-cause, to speak about that one 

22    for a second.  We should have protected every 

23    tenant.  But the fact is that this is a win for 

24    many tenants.  I'm actually thinking about a 

25    friend of mine, Christina, who was kicked out of 


                                                               3393

 1    her apartment for no other reason except the 

 2    landlord just wanted to flip the building over.  

 3    And the type of abuses that she had to deal with 

 4    in a non-rent-stabilized apartment would have not 

 5    been possible if this bill was in effect.  So I'm 

 6    thinking of her today.

 7                 We need to make sure that as this 

 8    goes into -- it's implemented, that we hold 

 9    landlords accountable.  Because there's many 

10    landlords, and certainly some in my district, 

11    that take the rents and don't maintain their 

12    buildings.  And we know that IAIs that we approve 

13    today, as opposed to making actual improvements, 

14    will be used sometimes to correct neglect that 

15    should have been fixed before, Madam President.  

16                 And bottom line, it is not our 

17    responsibility to make sure that landlords get 

18    rich.  It's our responsibility to address the 

19    inequities that exist in our system and protect 

20    affordability.  I believe that we have done 

21    something in this bill to achieve that.  And 

22    although it is certainly not the version that we 

23    had originally, it is one that is going to 

24    protect many tenants.  And I certainly want to 

25    thank both the leader and certainly the 


                                                               3394

 1    Housing chair as well as the sponsor, 

 2    Senator Salazar, for all the fights to make sure 

 3    that we get it right.  

 4                 So with that, I vote in the 

 5    affirmative.   Thank you, Madam President.  

 6                 ACTING PRESIDENT PERSAUD:   Senator 

 7    Rivera to be recorded in the affirmative.

 8                 Senator Comrie to explain his vote.

 9                 SENATOR COMRIE:   Thank you, 

10    Madam President.  

11                 I rise to say an unhappy yes to this 

12    part of the budget.  I hope that we can -- well, 

13    I know we will be addressing the issues on 

14    housing again.  I know that we will definitely be 

15    dealing with those issues because they haven't 

16    been dealt with successfully, in my opinion, and 

17    in the opinion of many people once this gets 

18    infused into the community.  

19                 But I'm rising because -- to vote an 

20    unhappy yes because there are many other things 

21    in ELFA that are important to our community, from 

22    making sure that the MTA does more to do audits 

23    to make sure that they're an agency that's 

24    providing truth to the community, with better 

25    opportunities and faster turnarounds, making sure 


                                                               3395

 1    as they did with the Elmont Train Station that 

 2    Senator Martins and I fought to get from another 

 3    administration -- even though I'll take all the 

 4    credit in the community.  But Senator Martins and 

 5    I fought to get that on my train station done, 

 6    which was done on time and on budget.  

 7                 Making sure that we do more for 

 8    children.  Making sure that we're working more in 

 9    mental health.  Creating opportunities to have 

10    better reproductive and maternal health 

11    healthcare.  

12                 And knowing that none of us are 

13    going away and none of these issues will be 

14    ending, you know, I look forward to having 

15    discussions with people that are actual people 

16    that are doing things and not people that are 

17    coming up with ideas and have never worked, have 

18    never owned, have never had to deal with the 

19    issues around housing.  

20                 So with that, I vote an unhappy aye.

21                 Thank you.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Comrie to be recorded in the affirmative.

24                 Senator Mayer to explain her vote.

25                 SENATOR MAYER:   Thank you, 


                                                               3396

 1    Madam President.  I rise to cast my vote in favor 

 2    of the bill.  

 3                 This is by no means a perfect 

 4    budget.  But this bill includes major victories 

 5    for our schools and our families, and represents 

 6    a commitment to expanding opportunities for all 

 7    New Yorkers.  I hear the critics in this chamber 

 8    and beyond, but I choose to celebrate what we did 

 9    do, what we could win, what we fought for and had 

10    to compromise.  That's what voters expect of us.  

11    That's what voters demand.

12                 I'm proud to say we fought back 

13    against the Governor's cuts to more than half of 

14    the state's school districts.  Under this budget, 

15    every district will receive at least as much 

16    money as they did last year.  Is it enough?  

17    Heck, no.  We fought for much, much more.  We 

18    will continue to fight for much, much more.  But 

19    we got a real victory, and that should not be 

20    minimized by anyone in this chamber.  

21                 We increase school aid by 

22    1.3 billion over last year, 934 million more for 

23    Foundation Aid, and increase school aid to our 

24    school districts by half a billion more than the 

25    Governor's proposal.  We also came to a 


                                                               3397

 1    compromise -- compromise, a word I would remind 

 2    my colleagues is necessary in negotiation -- with 

 3    the Governor to move forward on a study of 

 4    Foundation Aid, something that this Majority has 

 5    been fighting for for years.  This study will put 

 6    us on the path to a new formula that ensures that 

 7    every school receives the right amount of support 

 8    it needs from the state.  And that study must be 

 9    completed this year.

10                 There are groundbreaking new 

11    protections for rental tenants.  And I want to 

12    affirm my support for these protections for 

13    rental tenants outside of New York City, many of 

14    whom cannot afford to stay in our communities if 

15    their rents continue to increase.

16                 This budget in the education space 

17    is a tribute to all of the stakeholders, who 

18    fought hard and they will continue to fight for 

19    increased funding, and to our leader for being 

20    determined and persistent in getting the best we 

21    could.  

22                 That's what our voters demand, 

23    that's what we did.  I proudly vote aye.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Mayer to be recorded in the affirmative.


                                                               3398

 1                 Senator Brisport to explain his 

 2    vote.

 3                 SENATOR BRISPORT:   Thank you, 

 4    Madam President.  

 5                 This budget is the product of a 

 6    Governor whose campaign was funded by the 

 7    real estate industry and the ultra-rich.  That's 

 8    who put Governor Hochul into power, and that's 

 9    who she works for.  This budget is a return on 

10    their investment.  It protects and grows their 

11    profits at the expense of everyone else.  

12                 Governor Hochul is giving the 

13    real estate industry huge tax breaks in this 

14    budget and rolling back rent stabilization.  She 

15    is giving no consideration for unhoused people 

16    because they aren't a good profit source for the 

17    industry.  She is gutting good-cause eviction to 

18    leave as many tenants as possible unprotected 

19    from price-gouging and baseless evictions.  This 

20    isn't a deal on housing.  It's a handout to the 

21    real estate industry.  

22                 But the betrayals of her budget 

23    don't end there.  At a time when New York State's 

24    childcare workers are earning less than 

25    96 percent of occupations in the state, and our 


                                                               3399

 1    childcare sector is collapsing, this bill will 

 2    mean a pay cut for childcare workers.  Governor 

 3    Hochul is betting that no one will notice this 

 4    cut in the chaos of the late budget.  There is 

 5    perhaps no politician in America so loudly 

 6    claiming to care about childcare while 

 7    consistently negotiating to cut or reduce or 

 8    against childcare spending behind closed doors.

 9                 Governor Hochul has no interest in 

10    actually doing what the public wants and needs -- 

11    not on housing, not on childcare, not even on 

12    education.  New Yorkers are overwhelmingly 

13    against mayoral control of our schools and came 

14    out in huge numbers to oppose it at public 

15    forums.  Yet the Governor chose to force through 

16    a two-year extension of the policy as a political 

17    favor to a mayor who serves the same ultra-rich 

18    donors that she does.

19                 When a politician is put into office 

20    by the rich and the powerful, we cannot be 

21    surprised when they do the bidding of the rich 

22    and the powerful.  We can, however, refuse to 

23    accept it.  I vote nay.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Brisport to be recorded in the negative.


                                                               3400

 1                 Senator Oberacker to explain his 

 2    vote.

 3                 SENATOR OBERACKER:   Thank you, 

 4    Madam President.

 5                 As I said last night, having worked 

 6    on budgets a lot in my career, both from a 

 7    municipal and also from a professional 

 8    standpoint, you know, budgets are nothing more 

 9    than a business plan.  They're a road map.  They 

10    tell us where we are, they kind of tell us where 

11    we're going, and hopefully where we want to end 

12    up.  

13                 So let's look at where we are going.  

14    We are going to increase this budget over last 

15    year by $8 billion, to a budget of $237 billion 

16    when this is passed.  Where are we at this point 

17    in this budget process?  Well, right now we are 

18    and will soon be also passing this budget to be 

19    larger than the combined budgets of Texas and the 

20    State of Florida.  

21                 Where are we going to end up in this 

22    budget?  Well, number one, we ended up initially 

23    raiding the education side of the budgets here.  

24    And I have 60, 60 school districts in my Senate 

25    district -- to which we did get the funding back, 


                                                               3401

 1    but it's at a zero.  It's a net zero equation to 

 2    my district.  What did we do?  We also raided 

 3    roads with our CHIPS funding.  Again, restoring 

 4    the levels back, but at a net zero increase.  And 

 5    lastly, we took out something very passionate and 

 6    very important to me, is modernizing and also 

 7    getting EMS as an essential service.

 8                 You know, there was language in the 

 9    budget, it says -- and these are the words that 

10    were in there -- elevate accessibility, equity, 

11    quality and outcomes.  This bill in this budget 

12    does none of those things, except one:  Outcomes.  

13    And in my upstate district, the one word that 

14    sums up the outcome is forgotten.

15                 I will be voting in the negative, 

16    Madam President.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Oberacker to be recorded in the negative.

19                 Senator Weber to explain his vote.

20                 SENATOR WEBER:   Thank you, 

21    Madam President.  

22                 You know, we waited all week, all 

23    day yesterday, all night last night, and here we 

24    are.  You know, various provisions of this bill 

25    are some of the biggest assaults on the suburbs 


                                                               3402

 1    and private property owners here in New York 

 2    State that I've ever seen.  The disastrous 

 3    good-cause eviction portion of this budget bill 

 4    is a watershed moment, I think, a bail-reform- 

 5    type moment where we will look back in a couple 

 6    of years and say, What the heck happened?  And 

 7    who the heck voted for that?  

 8                 You know, this bill is also a 

 9    setback for a large portion of school districts 

10    in this state, including in my district, leaving 

11    some districts in a position to have to lay off 

12    employees and teachers.  You know, some of my 

13    colleagues call this bill the Big Ugly, and it's 

14    sure lived up to its name.  This bill has become 

15    a dumping ground for bad bills and bad public 

16    policy that can't stand on its own two legs.  

17                 This bill is, overall, bad and 

18    negative for New York State and for the residents 

19    of Rockland County.  I vote no.  

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Weber to be recorded in the negative.

22                 Senator May to explain her vote.

23                 SENATOR MAY:   Thank you, 

24    Madam President.  

25                 I rise to thank Senator 


                                                               3403

 1    Hoylman-Sigal and the leader and my colleagues 

 2    who are voting for the Local Journalism 

 3    Sustainability Act today.  All of us have seen 

 4    local journalism vanish in our communities, and 

 5    with it the ability of citizens to participate 

 6    meaningfully in the important issues of their 

 7    communities.  And I hope that this act will make 

 8    a difference.  

 9                 I hope, for example, that 

10    CNY Latino, which is the only Spanish-language 

11    resource for a very wide swath of 

12    Central New York, will be able to continue the 

13    good work that it does in informing citizens 

14    about what they need to know.

15                 I also want to thank 

16    Senator Kavanagh and Senator Salazar for their 

17    important work putting the Senate in the 

18    forefront of making sure that we are addressing 

19    our housing crisis in this state.  

20                 As the chair of the Cities 2 

21    Committee, we are seeing enormous rent increases 

22    in our upstate cities.  I know Binghamton had a 

23    double-digit average increase last year.  

24    Syracuse was second, at 8.6 percent.  Our tenants 

25    cannot support this year after year.  And in 


                                                               3404

 1    Syracuse, 10 percent of the children in our 

 2    public schools are homeless already.  We cannot 

 3    be putting more people out of their homes.

 4                 So if we can build new housing, good 

 5    new housing for people to live in and make sure 

 6    that tenants have the protections they need, we 

 7    can start having more hope for the future of our 

 8    communities.

 9                 I vote aye.  Thank you.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    May to be recorded in the affirmative.

12                 Senator Chu to explain her vote.

13                 SENATOR CHU:   Thank you, 

14    Madam President.  I rise today to express my 

15    support on this specific budget bill.  

16                 First, I want to highlight the 

17    historic investment to "Turn on the TAP" for our 

18    high school seniors and current college students 

19    by raising the eligibility income cap to 125,000, 

20    meaning more of our middle-class and 

21    working-class students will finally be able to 

22    receive tuition assistance and no longer be left 

23    out.  

24                 This budget also increased the 

25    minimum TAP award to $1,000.  This is a critical 


                                                               3405

 1    investment that will offset education costs while 

 2    also addressing rising inflation tuition costs 

 3    that students must bear up-front.  

 4                 This program continues to provide 

 5    much-needed assistance to students and their 

 6    families.  By passing this legislation, New York 

 7    will continue to break down the barriers and 

 8    invest in our young ones.

 9                 Second, I want to highlight the 

10    initial investment and crucial change to Tier 6.  

11    While there is a great amount of work to be done, 

12    I'm happy to see that we started to shift toward 

13    real reform to this plan.  This is the beginning 

14    of much-needed change to recruit and retain 

15    quality employees that do so much to serve 

16    New Yorkers across this state.  Our teachers, 

17    nurses, social workers and other public servants 

18    across our various government agencies deserve 

19    better.  

20                 For all the reasons above, I proudly 

21    vote aye.  Thank you.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Chu to be recorded in the affirmative.

24                 Senator Martins to explain his vote.

25                 SENATOR MARTINS:   Thank you, 


                                                               3406

 1    Madam President.

 2                 You know, Madam President, I am 

 3    acutely aware of where I stood 12 years ago and 

 4    where I stand today.  And I'm acutely aware of 

 5    where Senator Gianaris stood 12 years ago and 

 6    where he stands today.  

 7                 I've never considered myself or 

 8    associated myself with the progressive movement, 

 9    but here I stand, 12 years after having voted for 

10    Tier 6, imploring, working on the repeal of 

11    Tier 6, understanding the limitations that they 

12    have caused, the harm it has caused to our public 

13    employees, and the need for us to reform it.

14                 So when questioned as to why I stand 

15    now urging my colleagues to do more, not less, 

16    when there's broad consensus in this chamber on 

17    both sides of the aisle to do just that, the 

18    question really isn't why am I in that position 

19    right now, because I readily recognize that 

20    that's where we should be, because our public 

21    employees do deserve it.  The real question is 

22    why is Mike Gianaris not?  

23                 And so we can obviously revisit that 

24    at some point.  But I'll stand with our public 

25    employees in urging changes to Tier 6.  I will 


                                                               3407

 1    stand with those who urge that we build and make 

 2    affordable housing accessible to those who 

 3    actually are means-tested for it, and stop 

 4    protecting people who have more than enough means 

 5    to be able to pay market-rate housing and yet 

 6    hide behind rent-stabilized housing for as long 

 7    as they have.

 8                 Madam President, I vote no.

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Martins to be recorded in the negative.

11                 Senator Rhoads to explain his vote.

12                 SENATOR RHOADS:   Thank you, 

13    Madam President.  

14                 I had the opportunity to speak 

15    during the bill, so many of my thoughts were 

16    already shared.  But I do want to take a moment 

17    to thank both Senator Martins and to thank 

18    Senator Murray for their work on Tier 6.  

19                 And I also want to thank 

20    Senator Mattera for the outstanding advocacy that 

21    he has had in finally achieving PLA agreements on 

22    large-scale SUNY projects.  That is something 

23    that you've been working for for a number of 

24    years.

25                 You know, I respect the fact that 


                                                               3408

 1    when you recognize that things aren't working, 

 2    that you actually move forward and try and do 

 3    your best to fix them.  That's not what we're 

 4    doing in this chamber, however.  That's not what 

 5    we're doing with the housing policy that we just 

 6    passed.  It's not what we're doing with 

 7    good-cause eviction.  It is certainly not what 

 8    we're doing with accessory dwelling units.  And 

 9    it is not what we're doing with respect to the 

10    Housing for the Future program.  We are doubling 

11    down on the same mistakes.  

12                 And I will close just with this 

13    warning as an explanation for why I'm voting no.  

14    For the longer that this chamber, both in housing 

15    and in the context of the entire budget, 

16    continues to act with a wanton disregard for the 

17    free market, for the longer that this chamber 

18    continues to act with a wanton disregard for 

19    common sense, the future of New York State will 

20    not be bright, it will be bleak.

21                 We will stand here as a conference, 

22    speaking for myself and not speaking for anyone 

23    else -- though I'm sure we have many who agree -- 

24    we will fight that effort tooth and nail, and we 

25    will fight to give New York a better, safer and 


                                                               3409

 1    more free future.  

 2                 With that being said, 

 3    Madam President, I proudly vote no.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Rhoads to be recorded in the negative.

 6                 Senator Borrello to explain his 

 7    vote.

 8                 SENATOR BORRELLO:   Thank you, 

 9    Madam President.  

10                 There's an old saying that the road 

11    to hell is paved with good intentions.  And I say 

12    good intentions because, you know, there are some 

13    good things in this budget.  But overall, it's 

14    putting us in the express lane to hell.  

15                 And it's not just my opinion, it's 

16    the opinion of most New Yorkers.  Poll after poll 

17    saying most New Yorkers believe the quality of 

18    life is declining here.  

19                 So what are we doing?  We're pushing 

20    ourselves into this dystopian socialist future 

21    here in New York State where you can own some 

22    property, but you will control one aspect of that 

23    property that you own.  The government will tell 

24    you what to do with it.  

25                 Well, folks, this is not 1984.  


                                                               3410

 1    There are options.  And the options are to leave 

 2    the state and invest your money elsewhere.  

 3    That's what's happening in New York.

 4                 And as we continue down this road 

 5    and bang the table saying the rich should pay a 

 6    little bit more, the rich -- well, they're 

 7    leaving.  So who's going to be left to shoulder 

 8    that burden?  The working-class folks.  Because 

 9    the pain is going to have to spread to them, as 

10    it is right now.  People already think it's 

11    unaffordable to live in this state.  Basics -- 

12    food, fuel, sending your kids to school, 

13    daycare -- all very expensive.  None of that 

14    addressed in this budget.  

15                 But yet we're going to tell people 

16    that you, in order to have the privilege of 

17    owning some property here in New York State, you 

18    will do what the government tells you to do.  

19    That is a recipe for disaster, and the highway to 

20    hell.  I'll be voting no.  

21                 Try to get that song out of your 

22    head now.

23                 (Laughter.)

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Borrello to be recorded in the negative.


                                                               3411

 1                 Senator Liu to explain his vote.

 2                 SENATOR LIU:   Thank you, 

 3    Madam President.  

 4                 What a budget season we've been 

 5    through.  And I am happy that it's about to come 

 6    to a close.  It's been a rough season, no 

 7    question.  I am happy to have worked alongside 

 8    Education Chair Shelley Mayer and our 

 9    Majority Leader, Andrea Stewart-Cousins, to stave 

10    off many of the education cuts that were 

11    envisioned in the Executive Budget -- and also to 

12    address last-minute concerns and surprises.  

13    Namely, that of the Governor insisting upon 

14    mayoral control of New York City public schools 

15    at the 11th hour of the budget negotiations.  

16                 We did grant a two-year extension, 

17    not a four-year extension, and along the way 

18    insisted that the city do more to provide that 

19    sound, basic education, such as requiring the 

20    city to maintain its effort, the maintenance of 

21    effort provisions that will forestall the City of 

22    New York from reducing its funding for New York 

23    City public schools -- which unfortunately it has 

24    done the last couple of years -- to expand the 

25    School Construction Capital Plan, which is 


                                                               3412

 1    desperately needed in order to reduce class sizes 

 2    in New York City, and also to ensure a better 

 3    system of checks and balances by having the mayor 

 4    select the chairperson of the Panel for 

 5    Educational Policy, the school board for New York 

 6    City, from a short list submitted by the State 

 7    Senate, the State Assembly, and the Board of 

 8    Regents.  

 9                 And I should also mention that this 

10    was all done relatively last minute, 

11    unfortunately, because I think the better process 

12    would have been to consider New York City school 

13    governance and mayoral control outside the 

14    context of the State Budget, where we would have 

15    had enough time and resources to consider the 

16    very comprehensive report issued just last week 

17    by the State Education Department, one that 

18    analyzes 50 years of history of school governance 

19    in New York City --

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Liu.

22                 SENATOR LIU:   -- and one that would 

23    inform us of the path forward.

24                 ACTING PRESIDENT PERSAUD:   How do 

25    you vote?


                                                               3413

 1                 SENATOR LIU:   Madam President, I 

 2    vote yes on this budget.

 3                 ACTING PRESIDENT PERSAUD:   Thank 

 4    you.  Senator Liu to be recorded in the 

 5    affirmative.

 6                 Senator Jackson to explain his vote.

 7                 SENATOR JACKSON:   Thank you, 

 8    Madam President.  I rise after many days of tense 

 9    negotiations, as we are called to vote today on 

10    the budget for our state.  

11                 I harbor significant concerns 

12    regarding this budget, Madam President.  It 

13    overlooks the opportunity to tax the ultrawealthy 

14    to finance proven social programs.  It fails to 

15    include the HEAT Act, despite the efforts of many 

16    environmental advocates.  Despite months of 

17    hearings on mayoral control, it will be extended 

18    without genuine measures for enhanced 

19    accountability and increased parental 

20    involvement -- a result of budgetary process 

21    where the executive branch continues to wield 

22    leverage.  Instead of inclusive and deliberate 

23    process over the coming months, the Executive 

24    rushed to include this in the budget.  

25                 And I am disappointed that we are 


                                                               3414

 1    not passing the strongest version of good-cause 

 2    eviction and have significantly raised the cap on 

 3    IAIs, leaving too many vulnerable New Yorkers 

 4    without strong tenant protections and threatening 

 5    their ability to continue to afford living in 

 6    New York State.  

 7                 Nevertheless, there are glimpses of 

 8    great victory.  As chair of the Civil Service and 

 9    Pensions Committee, I am immensely proud of the 

10    collaborative efforts with labor to reform Tier 

11    6, especially reducing the final average salary 

12    calculation window from five years to three 

13    years.  This is an important step on the road to 

14    pension equity and strengthening our public 

15    workforce.  

16                 And I am also proud of our efforts 

17    in providing SUNY Police with a heart presumption 

18    benefit, extending by two years the overtime 

19    exclusion for calculating employees' 

20    contributions.  

21                 For the children of New York State, 

22    I am pleased with the legislation increasing 

23    Foundation Aid compared to the Executive's 

24    proposal.  Democrats and Republicans came 

25    together to fight that.  Additionally, I'm 


                                                               3415

 1    pleased with the allocation of $1 million for a 

 2    study of Foundation Aid.  However, I strongly 

 3    believe that the stakeholders approach to leading 

 4    the study would be more effective and fruitful, 

 5    as outlined in my legislation. 

 6                 As a New Paltz alum, I am delighted 

 7    to see an increase in TAP funding benefiting 

 8    students and increased funding --

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Jackson, how do you vote?

11                 SENATOR JACKSON:   -- for SUNY and 

12    -- Madam Chair -- Madam Chair and leaders, I say 

13    I vote aye on the bill.

14                 ACTING PRESIDENT PERSAUD:   Thank 

15    you.  Senator Jackson to be recorded in the 

16    affirmative.

17                 Senator Myrie to explain his vote.

18                 SENATOR MYRIE:   Thank you, 

19    Madam President.  

20                 I am voting in the affirmative on 

21    this budget because New Yorkers expect us to 

22    deliver even when we have differences and even 

23    when we disagree.  But I am particularly excited 

24    for two policies in this budget, one being deed 

25    theft.  For Black and brown homeowners in Central 


                                                               3416

 1    and East Brooklyn, in Southeast Queens, in 

 2    Harlem, in the South Bronx and the 

 3    Northeast Bronx, you will now have protection for 

 4    the first time against bad actors who have stolen 

 5    generational wealth from you for generations.

 6                 But I am also excited to vote for 

 7    after-school programming.  For the first time in 

 8    the state's history, we have universal in our 

 9    statutes a path for after-school programming for 

10    every New York student who wants it.  

11                 So I proudly vote in the affirmative 

12    and urge my colleagues to do the same.  

13                 Thank you.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Myrie to be recorded in the affirmative.

16                 Senator Harckham to explain his 

17    vote.

18                 SENATOR HARCKHAM:   Thank you very 

19    much, Madam President.  

20                 I want to thank the Majority Leader, 

21    Andrea Stewart-Cousins, for bringing this bill to 

22    the floor.

23                 On the housing component, I want to 

24    thank Senator Kavanagh and his team for the great 

25    work.  You know it's a good day when we're having 


                                                               3417

 1    a housing discussion the rage is not about 

 2    accessory dwelling units.  

 3                 (Laughter.)

 4                 SENATOR HARCKHAM:   And that's 

 5    because we did the work.  We worked with 

 6    stakeholders; it's now an opt-in.  But as 

 7    Senator Hinchey mentioned, there are communities 

 8    that want these tools.  And this is a valuable 

 9    tool to help keep seniors in their homes, our 

10    first responders able to live in the communities 

11    they serve, our young people and our workforce 

12    living in those communities.  Environmentally, 

13    they're low density, low impact.  That's a big 

14    win for New York.  

15                 The other is we planted a flag on 

16    commercial conversions outside of New York City.  

17    The suburban office parks of yesteryear can be 

18    the affordable housing of today and tomorrow.  We 

19    now have a tax credit program -- again, thanks to 

20    the negotiations -- that will benefit our 

21    suburban communities.  

22                 So for these and other reasons, I 

23    vote aye.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Harckham to be recorded in the affirmative.  


                                                               3418

 1                 Senator Canzoneri-Fitzpatrick to 

 2    explain her vote.

 3                 SENATOR CANZONERI-FITZPATRICK:   

 4    Thank you, Madam President.  And thank you for 

 5    standing there for so long presiding over these 

 6    very robust debates.

 7                 There are a number of things in this 

 8    bill that I'd like to mention.  Yes, we've talked 

 9    about school aid, Foundation Aid and how great it 

10    is that we've restored it, and I applaud the 

11    efforts to combat what was initially presented by 

12    the Governor.  But it's important for us to all 

13    know that even in the school districts that are 

14    at the same level that they were at last year, 

15    they will still be laying off teachers.  Teachers 

16    are still losing their jobs.  

17                 We did not pay for free lunch for 

18    all, and we were so close on that.  And that's 

19    something that we missed the target on.  

20                 Tier 6.  There were multiple 

21    requests -- and I applaud again my colleagues on 

22    the other side of the aisle because we've all 

23    acknowledged that Tier 6 needs fixing.  Yet we 

24    did nothing to retain the employees that we 

25    currently have.  We've encouraged retirement, but 


                                                               3419

 1    we really need to attract and retain our new 

 2    employees.  

 3                 I had a discussion earlier about 

 4    squatters.  We've defined them, but we've given 

 5    landowners no teeth, no tools to remove squatters 

 6    that are illegally and inappropriately in someone 

 7    else's property.

 8                 And good-cause eviction.  While some 

 9    are applauding it, I believe that this is -- 

10    we're forgetting the ability of people to enter 

11    into an agreement on terms that they determine.  

12    We are substituting our judgment for people that 

13    have entered into a bargain with consideration on 

14    both sides.

15                 And I will always fight against this 

16    chamber substituting its judgment for that of 

17    local governments.  It is not our job to tell 

18    local governments what they think is best for 

19    their communities.  

20                 For those reasons, Madam President, 

21    I'll be voting in the negative.  

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Canzoneri-Fitzpatrick to be recorded in the 

24    negative.

25                 Senator Krueger to explain her vote.


                                                               3420

 1                 SENATOR KRUEGER:   Thank you very 

 2    much.  

 3                 So I want to thank all my colleagues 

 4    for all the work we put into the budget this 

 5    year.  None of us are super happy.  We know that.  

 6    My colleagues across the aisle, and you've heard 

 7    from my colleagues here in the Democratic aisle, 

 8    each of us would have written a completely 

 9    different budget, no doubt, if we were allowed to 

10    individually.  But we're not.  

11                 But I do see that there's a 

12    difference.  On one side of the aisle I feel like 

13    it's all dark and doomsday with no hope, and that 

14    we're feeding into even worse storylines.  And 

15    yet I know we're not.  And I know that it's not 

16    that dark out there.  

17                 But I just want to just take a few 

18    seconds to establish that in the Legislature, 

19    when you speak on the floor of the Legislature 

20    about the intent of the Legislature in a bill, it 

21    actually can be used in court.  So I want to make 

22    clear that the sections of the housing bill that 

23    require that you document what you're doing, that 

24    there's audits, that there's fraud, that there 

25    are actions that can be taken, will require HCR 


                                                               3421

 1    to establish strict regulations.  

 2                 And we're depending on them to do 

 3    that, including with the very, you know, 

 4    upsetting to people IAI two tiers.  That if 

 5    you're going for the higher tier of the IAIs, 

 6    which would be $50,000, it's not just whether or 

 7    not somebody's lived there for 25 years, but in 

 8    fact has to show that this work is needed and 

 9    that they need preapproval and they need to 

10    document the amount of money being spent.  

11                 And since intent of the Legislature 

12    when spoken on the floor means something, I just 

13    want to highlight with all the great things in 

14    this bill -- and there are great things in this 

15    bill that we didn't even get to talk about -- the 

16    fact that some of my colleagues wanted to point 

17    out we had funding for abortion in this bill.  

18                 Thank God, in my opinion, we live in 

19    a state, unlike 24 others, that still recognizes 

20    the fundamental right of people to make their own 

21    healthcare decisions and that we recognize the 

22    right to legal abortion in this state.  And so is 

23    the state continuing its history of some funding 

24    for it?  Yes, it is.  

25                 I vote yes, Madam President.  Thank 


                                                               3422

 1    you.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Krueger to be recorded in the affirmative.

 4                 Senator Stavisky to explain her 

 5    vote.

 6                 SENATOR STAVISKY:   Thank you, 

 7    Madam President.  And thank you to our leader, 

 8    Senator Stewart-Cousins, and the staff.  I think 

 9    they did a remarkable job.  

10                 It's been said that the perfect is 

11    the enemy of the good.  There are things in the 

12    budget that I am not pleased with.  But there's 

13    so much good in here, particularly in terms of 

14    our college students.  

15                 It's been mentioned that the "Turn 

16    on the TAP" program is very beneficial, not just 

17    to our side of the aisle but to the entire state.  

18    And it's been decades since we've had significant 

19    changes in the TAP program.  And to me, the most 

20    significant one, of many, is the eligibility 

21    income increase from $80,000 a year to $125,000 a 

22    year.  That is a -- to me, a dramatic shift.  

23    It's going to encourage middle-class students to 

24    stay in New York, to live here, to work here.  

25                 And, Madam President, I proudly vote 


                                                               3423

 1    aye.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Stavisky to be recorded in the affirmative.

 4                 Senator Hoylman-Sigal to explain his 

 5    vote.

 6                 SENATOR HOYLMAN-SIGAL:   Thank you, 

 7    Madam President.  

 8                 I rise to thank Majority Leader 

 9    Stewart-Cousins, our deputy leader, the entire 

10    staff that stands behind us and propels us 

11    forward, in consideration of this budget, as well 

12    as the Governor for lowering the temperature, for 

13    the civil discussions that ensued over the last 

14    several months around this budget.  

15                 I think if we compare this budget to 

16    years previous, it may have taken a little 

17    longer, but I think the outcome is far better.  

18    And that's why I strongly support this budget, 

19    including moving forward with efforts to return 

20    home rule to New York City on what seemed to be 

21    prosaic issues like speed limits.  By passing 

22    Sammy's Law, we finally allow New York City to 

23    set its own speed limit.  

24                 I'm very proud of the fact that we 

25    are providing a leg up for struggling local news 


                                                               3424

 1    publications and broadcasters.  They say that 

 2    democracy dies in darkness.  If you just walk 

 3    down to the Legislative Correspondents 

 4    Association, you have noticed over the last few 

 5    years the fewer number of reporters covering our 

 6    work here.  We need that spotlight on us, not for 

 7    ourselves, but for our constituents, so they can 

 8    vote appropriately and make the right decisions.

 9                 And I'll say also that when it comes 

10    to housing, I am so pleased that this budget 

11    includes those good-cause eviction protections 

12    that we've been fighting for for years.  Credit 

13    to Senators Salazar and Kavanagh for all of their 

14    efforts.  

15                 I've had constituents who have been 

16    forced to leave my district and New York City in 

17    its entirety because of 50, 60, 70 percent rent 

18    increases since COVID.  These protections will 

19    allow, hopefully, them to stay and thrive in 

20    New York City.

21                 I vote aye.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Hoylman-Sigal to be recorded in the affirmative.

24                 Senator Thomas to explain his vote.

25                 SENATOR THOMAS:   Thank you, 


                                                               3425

 1    Madam President.

 2                 This is my sixth budget and the last 

 3    one in this chamber.  Every budget is different.  

 4    No budget is perfect.  And this body, our entire 

 5    job is to move forward.  That's what we do for 

 6    our constituents here in New York.  Since 2019 

 7    when this majority took on this chamber, we've 

 8    always put people in New York first.  We fully 

 9    funded our schools.  We expanded pre-K on Long 

10    Island.  We made sure there's more funding for 

11    our veterans out here in this state.  We provided 

12    more funding for our state parks.  We provided 

13    more funding for our water infrastructure.  We 

14    provided more funding for our State Police.  We 

15    provided more funding for our roads, more 

16    protection for our tenants than ever before.  I 

17    can go on and on.

18                 This majority has always, always, 

19    always put people first, and that's why I vote 

20    aye.  Thank you.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Thomas to be recorded in the affirmative.

23                 Senator Kavanagh to explain his vote 

24    and to close.

25                 SENATOR KAVANAGH:   Thank you, 


                                                               3426

 1    Madam President.  It's a shame that we didn't get 

 2    a full reference to AC/DC a moment ago -- 

 3                 (Laughter.)

 4                 SENATOR KAVANAGH:   -- on the 

 5    Roadway to Hell.  I don't know.  

 6                 But I do rise to just highlight a 

 7    few of the very positive things in this bill.  

 8                 You know, we've talked in this 

 9    chamber about the intersecting crises that we 

10    have to face of homelessness and evictions, of 

11    inadequate housing supply and unaffordable 

12    housing costs.  These are difficult problems to 

13    solve.  I think it is telling that we had a 

14    proposal today in the chamber that attempts to 

15    solve these problems that was put forward by the 

16    Minority, you know, in good faith, but that would 

17    literally result in the eviction of hundreds of 

18    thousands of people in New York City over the 

19    course of the next year, because -- for the sin 

20    of making over $136,000 or $155,000 a year.  

21    These are different problems to solve.  We have 

22    tough choices to make.

23                 I want to thank Senator Majority 

24    Leader Andrea Stewart-Cousins, Senators Persaud 

25    and Hoylman in their respective roles as chairs 


                                                               3427

 1    of the Social Services and Judiciary committees, 

 2    and of course Senator Salazar for more than half 

 3    a decade of work on good-cause eviction.  

 4                 We are following through on the 

 5    multiple approaches that we're taking to these 

 6    crises, and particularly with this bill.  

 7    Yesterday we passed a bill that addresses the 

 8    need for capital spending with a billion dollars 

 9    of new capital spending on new programs to 

10    provide housing throughout the state.  We are of 

11    course protecting tenants, not just with this 

12    bill but by funding attorneys, by increasing 

13    rental assistance and strengthening our laws and 

14    our enforcement of laws against discrimination in 

15    our fair on housing laws.  And of course 

16    good-cause, which I'll get back to in just a 

17    moment.  

18                 For homeowners we're providing the 

19    Homeowner Protection Program.  We have great new 

20    laws on deed theft, thanks to Senator Myrie's 

21    leadership.  And again, the fair housing laws 

22    that we're increasing funding and support for 

23    enforcement of those.

24                 And yes, many new incentives for the 

25    private sector to produce affordable housing not 


                                                               3428

 1    just in New York City, but across the state.  

 2    There's a problem called 421-p which hasn't been 

 3    discussed much today but will allow tax 

 4    incentives throughout the state for either 

 5    construction of new housing or conversion of 

 6    existing commercial buildings.

 7                 Those provisions, we've talked about 

 8    the affordability of those.  Senator Ramos asked 

 9    me to mention a particular feature of those laws, 

10    which is that they are designed to protect the 

11    rights of the working people who work to 

12    construct those buildings and to service them 

13    after they're built, by applying strong labor 

14    protections, including the provisions of Section 

15    220 and 220B of the Labor Law.  

16                 And there is a provision somewhere 

17    in the bill that suggests that they could include 

18    in the definition of wages the provisions that 

19    include payroll taxes but, only to the extent 

20    permissible by law.  And I want to make it clear 

21    that that is basically not permissible by the 

22    laws I just referenced.  

23                 So these will be strong labor 

24    protections throughout the state on those cases.  

25                 Good-cause eviction has been the 


                                                               3429

 1    subject of much conversation today.  I will note 

 2    that there are numerous court cases that have 

 3    upheld the much stronger provisions of the rent 

 4    stabilization laws in recent years, including 

 5    CHIP vs. New York City, 74 Pinehurst vs. New York 

 6    State, G-Max vs. New York State, and BRI vs. 

 7    New York State, all of those decided in the last 

 8    year and a half by the Second Circuit, and the 

 9    Supreme Court has already denied cert on three of 

10    them.  

11                 It is the case that states have the 

12    ability to specify the terms under which people 

13    can get evicted, and that is what we are doing 

14    today.

15                 Good-cause eviction has been the 

16    subject of a lot of criticism from the property 

17    owner perspective here in this chamber that's, 

18    you know, been ably defended and responded to my 

19    colleagues.  I do want to note that this bill is 

20    not a perfect specimen of statutory construction, 

21    and we do have some concerns from some of our 

22    friends in the tenant advocacy community that 

23    there might be some gaps in this bill.  

24                 Particularly there's been concern 

25    that the demolition -- the fact that people can 


                                                               3430

 1    opt out of good -- can sort of be exempt from 

 2    good-cause because they're demolishing the 

 3    building or withdrawing it from the market or to 

 4    use the building for themselves or their family, 

 5    the so-called owner use exception.  

 6                 And I just want to note that we've 

 7    put in very strong protections against those 

 8    being loopholes that can be abused.  We are 

 9    requiring in this law something that's very rare 

10    in statute, which is clear and convincing 

11    evidence if a landlord intends to take advantage 

12    of those experimentation exemptions.  We've seen 

13    in the past fraudulent attempts to evict tenant 

14    using loopholes, especially in the rent 

15    stabilization laws, and we've had lots of 

16    litigation over the years to block those.  

17                 But we've learned from other 

18    jurisdictions and from our own experience that if 

19    you allow tenants to be evicted simply on the 

20    landlord's word that they perhaps intend to 

21    demolish the building or withdraw it from the 

22    rental market, that that is a recipe for trouble.  

23                 So we've made it clear here that 

24    demolition and withdrawing housing from the 

25    market constitutes good-cause only if the 


                                                               3431

 1    landlord has strong intention, demonstrated by 

 2    clear and convincing evidence, to use the 

 3    property for those purposes.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Kavanagh, your time is up.

 6                 SENATOR KAVANAGH:   And I will wrap 

 7    up with just one more thought.  

 8                 Which is, you know, again, there's 

 9    an exemption here for small landlords.  There's a 

10    lot of sympathy for small landlords.  But we've 

11    made it crystal-clear that landlords need to 

12    disclose the full range of owners of the 

13    building, and that that will be part of any 

14    eviction proceeding where someone is claiming 

15    that exemption.  And we believe that will be an 

16    adequate protection against larger landlords 

17    trying to use that loophole.  

18                 Again, this is not perfect, but this 

19    is a giant step forward in the completion of a 

20    budget that is really addressing our multiple 

21    housing crises at multiple levels, and I'm very 

22    proud of the work we've done today and very proud 

23    to vote aye.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Kavanagh to be recorded in the affirmative.


                                                               3432

 1                 Announce the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 849, those Senators voting in the 

 4    negative are Senators Addabbo, Ashby, Borrello, 

 5    Brisport, Canzoneri-Fitzpatrick, Gonzalez, 

 6    Griffo, Helming, Lanza, Martins, Mattera, Murray, 

 7    Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

 8    Rolison, Scarcella-Spanton, Skoufis, Stec, 

 9    Tedisco, Weber and Weik.

10                 Ayes, 36.  Nays, 24.

11                 ACTING PRESIDENT PERSAUD:   The bill 

12    is passed.

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   Can we now take 

15    up Supplemental Calendar 45D, as in David.

16                 ACTING PRESIDENT PERSAUD:   The 

17    Secretary will read.

18                 THE SECRETARY:   Calendar Number 

19    848, Senate Print 8300D, Senate Budget Bill, an 

20    act making appropriations for the support of 

21    government.

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Gianaris.

24                 SENATOR GIANARIS:   Is there a 

25    message of necessity at the desk?


                                                               3433

 1                 ACTING PRESIDENT PERSAUD:   There is 

 2    a message of necessity at the desk.

 3                 SENATOR GIANARIS:   Move to accept 

 4    the message of necessity.  

 5                 ACTING PRESIDENT PERSAUD:   All 

 6    those in favor of accepting the message signify 

 7    by saying aye.

 8                 (Response of "Aye.")

 9                 ACTING PRESIDENT PERSAUD:   Opposed, 

10    nay.

11                 (Response of "Nay.")

12                 ACTING PRESIDENT PERSAUD:   The 

13    message is accepted.

14                 SENATOR LANZA:   Lay it aside.

15                 ACTING PRESIDENT PERSAUD:   The bill 

16    is laid aside.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Let's take up 

19    that controversial calendar, please.

20                 ACTING PRESIDENT PERSAUD:   The 

21    Secretary will ring the bell.

22                 The Secretary will read.

23                 THE SECRETARY:   Calendar Number 

24    848, Senate Print 8300D, Senate Budget Bill, an 

25    act making appropriations for the support of 


                                                               3434

 1    government.

 2                 ACTING PRESIDENT PERSAUD:   Senator 

 3    Rhoads.

 4                 SENATOR RHOADS:   Thank you, 

 5    Madam President.  On the bill.

 6                 ACTING PRESIDENT PERSAUD:   Senator 

 7    Rhoads on the bill.

 8                 SENATOR RHOADS:   Thank you so much, 

 9    Madam President.  

10                 You know, I must say that in the 

11    course of a $237 billion budget, I am 

12    disappointed that within the Department of 

13    Environmental Conservation we could not find the 

14    funds to take care of a growing issue and an 

15    ongoing issue, certainly in my community and many 

16    of our surrounding communities on the South Shore 

17    of Long Island.  

18                 In 2020, the State Legislature 

19    created the South Nassau Water Authority and the 

20    North Shore Water Authority.  Except for some 

21    reason -- and I think it may have something to do 

22    with who was in the control of the Town of North 

23    Hempstead at that point in time -- for some 

24    reason the North Shore Water Authority was funded 

25    to the tune of $2 million, but the South Nassau 


                                                               3435

 1    Water Authority received nothing.  

 2                 Now, there was a bill -- and by the 

 3    way, the purpose of these water authorities was 

 4    to investigate the possible takeover of an entity 

 5    called Liberty Water.  Liberty Water, by the way, 

 6    is a private water utility, whereas most of the 

 7    rest of Long Island has public utilities that 

 8    actually handle water delivery and treatment to 

 9    individual residents.

10                 As a result, Long Islanders in my 

11    district, in Senator Canzoneri-Fitzpatrick's 

12    district, in Senator Martins' district, pay 

13    exorbitant rates for water, sometimes as much as 

14    12 times what public utility ratepayers pay.

15                 And the purpose of -- the authority 

16    was created to investigate the possibility of 

17    doing a takeover of that private utility, how 

18    much it would cost to evaluate their systems, to 

19    determine what they would have to pay, and 

20    negotiate with the private utility to do a public 

21    takeover and put that to the voters to make a 

22    determination.

23                 North Shore Water Authority was paid 

24    $2 million to do that study.  The South Nassau 

25    Water Authority was given nothing.  There was a 


                                                               3436

 1    bill in 2022 introduced by my predecessor which 

 2    passed this house, that was vetoed by the 

 3    Governor because it was outside of the budget, to 

 4    provide $1 million in funding.

 5                 I'm disappointed that in spite of 

 6    requests both last year and this year to the 

 7    leaders in both houses as well as to the 

 8    Governor, that we could not find, in a 

 9    $237 billion budget, $1 million to treat the 

10    South Nassau Water Authority the same as we did 

11    the North Shore Water Authority and provide the 

12    dollars necessary to complete the process so that 

13    we can get water relief to residents across 

14    Southern Nassau County.

15                 I want to -- you know, I want to 

16    express that disappointment but also -- I did.  

17    So I wanted to express that disappointment, and 

18    with that I'll yield the balance of my time.

19                 Thank you.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Ashby on the bill.

22                 SENATOR ASHBY:   Yes, 

23    Madam President, on the bill.

24                 I want to thank my colleagues.  I 

25    plan on supporting this bill.  And I'm not going 


                                                               3437

 1    to quote our Colonel Jessep or Lieutenant Kaffee, 

 2    but I am going to talk about a more real-life 

 3    military and veteran situation specific to our 

 4    Department of Veterans Services.  

 5                 There's been a minimal increase in 

 6    funding, yet no new programming, no new federal 

 7    assistance, and no consolidation of programming 

 8    into the department itself.  No significant 

 9    changes at all.  And yet we continue to see the 

10    absence of the Staff Sergeant Alex Jiminez Family 

11    Legacy Program.  

12                 And I don't know if anybody in here 

13    realizes, but immigration is a very divisive 

14    issue.  But it doesn't always have to be.  

15    Bipartisan legislation exists federally and 

16    within our state.  

17                 Staff Sergeant Jimenez went missing 

18    in action in 2007 in the Triangle of Death south 

19    of Baghdad, and his remains were recovered in 

20    2008.  I was in Diyala Province when his remains 

21    were recovered.  I did not realize at that time 

22    that his spouse was being actively deported.  The 

23    federal government stepped in, created a Parole 

24    in Place program specifically for the 

25    undocumented family members of servicemembers.  


                                                               3438

 1    This program continues to exist.  

 2                 Is this not worth leadership 

 3    support?  Is it not worth a bipartisan demand for 

 4    leadership to act?  I believe it is.  And being 

 5    that it passed both houses of this Legislature 

 6    unanimously, more than once, I believe everyone 

 7    in this room thinks so too.

 8                 The Governor's veto message cites it 

 9    as duplicative.  The fact is, it would be so 

10    duplicative it would be the first-in-the-nation 

11    program to provide these services.  

12                 It's an issue that is eroding public 

13    trust and dividing us further.  Leading, mending 

14    these ways, must be our aim.  And Staff Sergeant 

15    Jimenez's profound example is the inspiration.  

16    The future he gave his life for is better than 

17    what we are delivering.

18                 Thank you, Madam President.

19                 ACTING PRESIDENT PERSAUD:   Thank 

20    you, Senator.

21                 Senator Martins on the bill.

22                 SENATOR MARTINS:   Thank you, 

23    Madam President.  On the bill.

24                 You know, since we are funding 

25    government operations, I take the opportunity to 


                                                               3439

 1    just raise an issue specifically to the 

 2    Department of Labor.  

 3                 You know, as part of our discussions 

 4    each year when we sit and we hold budget 

 5    hearings, then we go back and we talk to our 

 6    constituents.  One of the concerns that has come 

 7    up time and again -- not once, but several times 

 8    over several years -- is the ability of the 

 9    Department of Labor to enforce prevailing wage 

10    requirements and certified payrolls required when 

11    doing jobs that require union trades.  

12                 You know, we had conversations, we 

13    had questions of the commissioner, who said that 

14    yes, they are aware of it, but they don't 

15    necessarily have the staff necessary to get that 

16    done.  Yet we hear from our building trades that 

17    time and again those jobs that should be 

18    prevailing wage, that should be -- require 

19    certified payrolls are being done by people who 

20    are paying their employees less than the required 

21    wage and getting away with it.

22                 And so I would want to make sure, as 

23    a matter of record and producing a record, that 

24    we have the ability to point back to the 

25    necessity, the need for the Department of Labor 


                                                               3440

 1    to actually place those resources where they 

 2    belong, and to support our building trades.  

 3                 Because as recently as just last 

 4    week, I had discussions with building trades on 

 5    Long Island who are concerned about this, and we 

 6    will be meeting again as we go through the year, 

 7    in the hopes of meeting with the Department of 

 8    Labor, coordinating and seeing if we can't 

 9    bolster their efforts.  Certainly there's enough 

10    money in this budget for them to be able to 

11    prioritize that, and I certainly hope that they 

12    do.

13                 On a separate note, Madam President, 

14    with regard to the Department of Health, people 

15    in this body may not remember it, we passed a 

16    bill in -- I believe it was 2021.  It was 

17    sponsored by Senator Gaughran at the time, and it 

18    passed both houses and it was signed into law by 

19    the Governor, which required the Department of 

20    Health to conduct a study with regard to airplane 

21    noise and the impact that airplane noise has on 

22    local communities.

23                 As you know, Madam President, my 

24    district, sitting on the North Shore of 

25    Nassau County with John F. Kennedy Airport and La 


                                                               3441

 1    Guardia Airport so close, happens to be under the 

 2    flight path of just so many planes.  And the 

 3    impact to our communities -- and I know many of 

 4    my colleagues here in the chamber know all too 

 5    well what the impacts are of being close to those 

 6    airports.  

 7                 It's real.  It's not just a 

 8    nuisance.  It's not just loud.  There is 

 9    documented proof that there are health 

10    consequences to our communities with the frequent 

11    overflight and decibel levels of these planes, 

12    and the impacts to air quality can't be ignored.

13                 And so this chamber and the Assembly 

14    and the Governor agreed by signing a bill into 

15    law requiring that a study be conducted to 

16    measure those so we can actually have forensic 

17    evidence of what is happening and use that in our 

18    discussions with the FAA and the Port Authority 

19    with regard to how they route airplanes over our 

20    communities.  

21                 Madam President, that report was due 

22    back from the Department of Health on March 31, 

23    2024 -- three weeks ago.  There's no report.  We 

24    contacted them.  We are working with the 

25    Department of Health, who tell us that they're 


                                                               3442

 1    working on an RFP now.  It hasn't been issued 

 2    yet.  Even though the report was due three weeks 

 3    ago, that they plan to have an RFP prepared and 

 4    ready, and then they'll eventually get it out and 

 5    they'll have a consultant that they'll hire once 

 6    they've done the proper vetting.  And then 

 7    they'll go out and they'll conduct a study over a 

 8    period of time, and then eventually they'll get 

 9    back to us with those results.

10                 But, Madam President, that wasn't a 

11    suggestion.  It wasn't an ask.  It wasn't 

12    something that they were asked to do.  It was 

13    something that this Legislature and the Governor 

14    signed into law and required them to do.  

15                 And so here we are.  I would be 

16    remiss if I didn't ask and confirm that there is 

17    proper and sufficient resources in the Department 

18    of Health to conduct that study and prioritize 

19    that study so that the residents of our 

20    districts, of my district and others on 

21    Long Island, both in Nassau, Suffolk, Queens, 

22    Brooklyn -- over which we have endless flights 

23    and noise and impacts to our communities, and 

24    serious health impacts to our communities -- have 

25    the ability to actually track it and hold people 


                                                               3443

 1    accountable.

 2                 So I urge my colleagues to 

 3    coordinate, to work, to ask yourselves why the 

 4    Department of Health has failed to actually 

 5    provide the report that they were supposed to by 

 6    law have to us by March 31st, and how quickly 

 7    they will get around to actually doing what they 

 8    were required to do, as opposed to just saying 

 9    they'll get around to it when they get to it 

10    because they're busy and they have other reports 

11    they have to do.

12                 I didn't realize that when this 

13    chamber passes a bill and the Governor signs it 

14    into law, that it is up to the agency to decide 

15    whether or not to do it or not and whether or not 

16    to prioritize it or not.

17                 We will continue to ask.  But I want 

18    to make sure that there are resources available 

19    in this budget, in state operations, to actually 

20    prioritize the health and safety of the residents 

21    of my district and others around me when it comes 

22    to fighting the scourge of noise and air 

23    pollution that comes from living under the flight 

24    paths of just so many of these airplanes.

25                 And lastly, Madam President, I just 


                                                               3444

 1    want to make sure that since we are funding the 

 2    Division of Housing and Community Renewal, that 

 3    we make sure that there are funds there 

 4    sufficient to ensure that the division is 

 5    properly staffed to be able to address some of 

 6    the priorities that have been passed by this 

 7    chamber over the course of the last few hours, 

 8    that they do have the ability to prioritize those 

 9    things that are here and to do so appropriately.

10                 You know, we talk a lot about 

11    affordable housing, we talk a lot about building 

12    housing in our communities, the next generation 

13    of Mitchell-Lama and the like.  But if we're 

14    going to build those in our local communities, 

15    it's essential that the Division of Housing and 

16    Community Renewal have people on staff who 

17    understand local zoning, who understand the need 

18    to work collaboratively with our local 

19    communities, who respect the fact that building 

20    something in a community is not just something 

21    that parachutes in, it has to actually be 

22    properly evaluated pursuant to the State 

23    Environmental Quality Review Act, and that the 

24    local communities have to be part of that process 

25    in determining whether or not those housing units 


                                                               3445

 1    or the infrastructure or the impacts to the local 

 2    community, whether it's water or sewer or 

 3    otherwise, are properly addressed.

 4                 And so I just want to make sure that 

 5    as part of the funding that we're providing the 

 6    Division of Housing and Community Renewal, that 

 7    all of these things are prioritized when they 

 8    make sure that they hire personnel sufficiently 

 9    trained and with sufficient experience to 

10    understand how to work with local communities 

11    when it comes to local zoning needs.  

12                 So, Madam President, I'll be 

13    supporting this bill because I think it's very 

14    important that we continue to support our 

15    government and allow them, in turn, to work with 

16    our local governments or on the priorities that 

17    are set by this house in terms of advancing 

18    policy not on their terms, but on the terms that 

19    are set by our state.

20                 Thank you, Madam President.

21                 ACTING PRESIDENT PERSAUD:   Does any 

22    other Senator wish to be heard?

23                 Seeing and hearing none, debate is 

24    closed.

25                 Senator Gianaris.


                                                               3446

 1                 SENATOR GIANARIS:   Madam President, 

 2    let's restore this bill to the noncontroversial 

 3    calendar, by agreement with the Minority.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    will be restored to the noncontroversial 

 6    calendar.

 7                 Read the last section.

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT PERSAUD:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 SENATOR GIANARIS:   Madam President, 

14    while the vote is being tabulated, we're also 

15    going to stand at ease for a brief moment while 

16    we get everyone onto the floor for final remarks 

17    that need to be here.

18                 ACTING PRESIDENT PERSAUD:   The 

19    Senate will stand at ease.

20                 (Whereupon, the Senate stood at ease 

21    at 2:32 p.m.)

22                 (Whereupon, the Senate reconvened at 

23    2:35 p.m.)

24                 ACTING PRESIDENT PERSAUD:   The 

25    Senate will return to order.


                                                               3447

 1                 SENATOR GIANARIS:   The Senate will 

 2    now proceed with the vote for the bill that was 

 3    before the house.

 4                 ACTING PRESIDENT PERSAUD:   Senator 

 5    Kennedy to explain his vote.

 6                 SENATOR KENNEDY:   Thank you, 

 7    Madam President.  

 8                 First of all, let me start by taking 

 9    this opportunity to say a few words today as we 

10    pass this budget.  This serves as my final budget 

11    under all circumstances here in the Senate.  This 

12    is my 14th budget, state budget.  And if you 

13    could just indulge me for a moment, I want to say 

14    just a few words about my time here in the 

15    Senate, Madam President.  

16                 First and foremost, I have many 

17    thank-yous to go around, starting by thanking God 

18    for giving me the opportunity to stand here with 

19    all of you.  'Tis only by the grace of God go I.  

20                 And this has been an emotional 

21    journey for me for many years to get to this very 

22    moment.  And the thank-yous are boundless, quite 

23    frankly.  And it starts at home with my wife, 

24    Katie, and our three beautiful children, Connor, 

25    Eireann and Padraic, our baby angel Brigid, my 


                                                               3448

 1    extended family, my parents, my in-laws, my 

 2    siblings, their significant others -- husbands, 

 3    wives, my nieces, nephews.  Family.  All right?  

 4    That define us, make us who we are.  

 5                 And all of those that helped to form 

 6    and inform me in who I am as an individual and 

 7    how I think, how I live, how I vote.  And those 

 8    characteristics, those -- the moral upbringing 

 9    that gave me and made me who I am.  

10                 I am forever grateful and forever 

11    blessed, and I never take it for granted, all of 

12    which I just articulated to you the boundless 

13    blessings that made me who I am and why I'm here 

14    today.

15                 Which then leads me to my Senate 

16    family, all of those that helped to get me here 

17    over the years, starting back in 2010.  It's been 

18    my 14th year here, I campaigned to get here.  So 

19    many that helped to make my campaign for Senate 

20    back in 2010 a success, and then those that have 

21    served in my Senate staff office, including those 

22    that work with me here today, my Senate staff, 

23    that really makes my office the best office it 

24    can possibly be, that I would put up against any 

25    office in the entire nation.  And I've been 


                                                               3449

 1    blessed and honored to have the most incredible 

 2    staff serving with me over many, many years.

 3                 My colleagues that have helped to 

 4    make this experience here in this auspicious 

 5    chamber what it's been, a ride of a lifetime.  

 6    When I ran in 2010, I had thousands of signs that 

 7    said "Kennedy, Democrat, Change Albany."  And I 

 8    believe we've done that.  We've done that.  All 

 9    of us have done that.  No one individual on his 

10    or her own, but us as a collective body have 

11    changed Albany unquestionably, and changed it for 

12    the better.

13                 When we began, the government at 

14    that time was considered the most dysfunctional 

15    state government in the entire nation.  We've 

16    changed that.  We have changed that.  

17                 I want to recognize those that 

18    actually started here with me when I began, 

19    starting with our colleagues here:  Of course the 

20    dean, Senator Breslin; Senator Parker; 

21    Senator Krueger; Senator Serrano; Senator 

22    Stavisky; Senator Rivera; Senator Addabbo, on 

23    this side of the aisle.  And in order to get 

24    here, we needed leadership on the political side 

25    of things, and steering the ship over many years 


                                                               3450

 1    was Senator Mike Gianaris.  

 2                 On the other side of the aisle, but 

 3    a handful:  Senator Lanza, Senator Gallivan, 

 4    Senator Griffo, and Senator O'Mara.  

 5                 Together we have redefined how this 

 6    chamber operates and functions and leads.  And 

 7    I've been a part of this change under the 

 8    blessing to serve with the greatest of leaders 

 9    that I've ever served with and may ever serve 

10    with, our Majority Leader, Andrea 

11    Stewart-Cousins -- a historic figure in this 

12    chamber and in this state, as we know.  It's 

13    worth repeating:  First woman, first woman of 

14    color in the history of New York State to serve 

15    in that capacity of leadership, Democrat or 

16    Republican, Senate or Assembly.  It's been the 

17    honor of a lifetime, and a privilege.

18                 Those of you that have come since I 

19    got here, I want you to know that I feel the same 

20    about all of you as well.  I consider you all my 

21    friends, colleagues, individuals with the 

22    greatest of esteem for the work that you do, for 

23    the people that you represent, for the reason 

24    that we're here, for the passion that you serve 

25    that has defined this great state for the better.  


                                                               3451

 1    We are all better off because of every single one 

 2    of you in this room.  

 3                 And I thank you, each and every one 

 4    of you, for giving me the opportunity to serve 

 5    with you, to laugh with you, to cry with you, to 

 6    argue with you, to fight with you -- for the 

 7    people of this great state and this great nation.  

 8    Because what happens here in this state and in 

 9    this chamber we know informs the rest of the 

10    nation and, quite frankly, the rest of the world 

11    on how to lead.  And I believe we've done that.  

12    And I believe we've done that with dignity and 

13    respect and civility and kindness and passion.  

14    And I hope I've brought a little bit of all of 

15    that to the table.

16                 That's why in this moment, as I 

17    stand here on April 20, 2024, and I say this is 

18    my last budget because it's the end of this 

19    budget cycle, as we take our last vote in this 

20    moment, but it's the beginning of early voting in 

21    the 26th Congressional District.  Today is the 

22    day.  

23                 So I suppose timing is everything.  

24    And if I'm given the honor to serve my 

25    constituents and our community in the 


                                                               3452

 1    Buffalo-Niagara region in the United States 

 2    Congress, with the vote ending on April 30th, 

 3    this will be my last moment to address all of you 

 4    as a member of the New York State Senate -- if 

 5    I'm victorious in that campaign.

 6                 So I just want to say thank you.  

 7    Thank you to each and every one of you that have 

 8    worked with me, that have loved with me, and that 

 9    have cared with me about the great people of this 

10    Empire State of New York.  From a kid from the 

11    neighborhood in South Buffalo, the Irish enclave 

12    in the City of Buffalo which, for any of you 

13    that's been paying attention is the capital of 

14    Irish America --

15                 (Laughter.)

16                 SENATOR KENNEDY:   We claim it.  

17                 (Laughter.)

18                 SENATOR KENNEDY:   Who came up with 

19    very little means in a family that didn't have 

20    much but each other, love, faith, love for 

21    community, love for serving others, love for 

22    giving back, and an individual raised in a 

23    neighborhood who went on to St. Joseph's 

24    Collegiate Institute, graduated 30 years ago in 

25    1994.  Minority Leader Rob Ortt's alma mater.  


                                                               3453

 1    You might have seen him get in a picture with me 

 2    yesterday.  I think we'll both admit it wasn't an 

 3    endorsement.  

 4                 (Laughter.)

 5                 SENATOR KENNEDY:   Twenty-five years 

 6    ago this year, graduated from D'Youville 

 7    University, named after St. Marguerite 

 8    d'Youville, the founder of the Grey Nuns.  

 9                 As an occupational therapist, coming 

10    from healthcare, people always said how does an 

11    occupational therapist run for office, become a 

12    public official, an elected official?  At the end 

13    of the day it's all about helping people.  That's 

14    what we're all here to do.  And that's what we 

15    all do.  

16                 And I've seen over the last 14 years 

17    everyone in this chamber, and those that have 

18    come before us, serve the people of this great 

19    state, helped the people of this great state, and 

20    do it very well.

21                 Thank you for giving me this 

22    opportunity.  Thank you for your indulgence.  

23    Thank you for your service.  Thank you for your 

24    friendship.  As my career moves on, I look 

25    forward to our continued work together, our 


                                                               3454

 1    continued service, and our continued leadership 

 2    on behalf of this great state and this great 

 3    nation.  

 4                 God bless each and every one of you 

 5    and your families.  God bless the great State of 

 6    New York.  And God bless the United States of 

 7    America.

 8                 Thank you, Madam President.

 9                 ACTING PRESIDENT PERSAUD:   Thank 

10    you, Senator Kennedy.  

11                 (Extended standing ovation.) 

12                 ACTING PRESIDENT PERSAUD:   So, 

13    Senator Kennedy, how do you vote?  

14                 (Laughter.)

15                 SENATOR KENNEDY:   I absolutely vote 

16    aye.  

17                 (Laughter.)

18                 ACTING PRESIDENT PERSAUD:   Thank 

19    you.  Senator Kennedy to be recorded in the 

20    affirmative.

21                 Announce the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 848, those Senators voting in the 

24    negative are Senators Borrello, Helming, Lanza, 

25    Oberacker, O'Mara, Ortt, Stec and Tedisco.  


                                                               3455

 1                 Ayes, 52.  Nays, 8.

 2                 ACTING PRESIDENT PERSAUD:   The bill 

 3    is passed.

 4                 Senator Gianaris, that completes the 

 5    reading of the calendar.

 6                 SENATOR GIANARIS:   Now, 

 7    Madam President, we're up to the concluding 

 8    remarks of the leaders.  

 9                 Please recognize Senator Ortt.

10                 ACTING PRESIDENT PERSAUD:   Senator 

11    Ortt for remarks.

12                 SENATOR ORTT:   Yes, thank you, 

13    Madam President.  The hour is late, even though 

14    the hour is early.  

15                 (Laughter.)

16                 SENATOR ORTT:   But I want to 

17    thank -- first of all, I want to thank all of my 

18    colleagues in the Republican Conference for your 

19    commitment to the people of New York, for your 

20    work during this budget process.  As I was 

21    watching the floor debates, you know, you try to 

22    think about what you're going to say or how to 

23    capture our sentiment from this side of the 

24    aisle.  And it's really impossible to do a better 

25    job than I think was done by our members.  


                                                               3456

 1                 And so I want to thank you all for 

 2    your comments, for your questions, for your 

 3    thoughtful voting and comments on this budget on 

 4    behalf of our constituents and the people of 

 5    New York.

 6                 I certainly want to thank Senator 

 7    O'Mara, our ranker on Finance; Senator Krueger's 

 8    dance partner for most of the budget out here.  

 9    He's gotten -- he's pretty nimble on his feet.  

10    You know, you wouldn't know it, but he is, as you 

11    all can see.  But he, you know, like 

12    Senator Krueger, he's in every budget hearing, 

13    which starts in February.  And then obviously 

14    hours of debate, but also hours of debate prep 

15    and really trying to have an understanding of a 

16    237, in this case, billion-dollar budget, which 

17    is not an easy task.  And so I want to thank him.  

18                 I certainly want to thank our floor 

19    leader, our deputy leader, Senator Lanza, who is 

20    out here the entire time, essentially.  Doesn't 

21    really get a break.  And certainly manages the 

22    floor and I think does so in a very admirable 

23    way.  

24                 And I want to thank you for your 

25    friendship and your partnership.  


                                                               3457

 1                 I'd be remiss -- I want to thank 

 2    obviously members of the Majority.  I want to 

 3    thank Senator Krueger, who takes the lion's share 

 4    of the questions from our members and answers 

 5    them I think in the most honest way that she can.  

 6    I know very often, from being on that side of the 

 7    aisle, you don't always fully know everything 

 8    that's in this because it's being put together at 

 9    the last minute.  And I always think she's very 

10    sort of up-front about that.  

11                 And so I thank you for your work on 

12    this.  

13                 I certainly want to thank Senator 

14    Gianaris, who's out here all the time as well, 

15    with Senator Lanza, as I often say.  And I do 

16    think they manage this whole thing as best as you 

17    could expect two people in this situation to do 

18    that.  

19                 So I want to thank my partner, my 

20    colleague across the aisle, Senate Majority 

21    Leader Senator Andrea Stewart-Cousins, for her 

22    work on this process.  I know negotiating the 

23    budget, I'm certain, is not an easy task.  

24                 And so I want to thank everyone, all 

25    the members, the staff.  The staff does an 


                                                               3458

 1    incredible job, and I'm sure she will thank her 

 2    staff.  But to our staff, from counsel's office, 

 3    our analysts to our press folks, everyone in 

 4    between -- but certainly the folks who are up at 

 5    2:00 in the morning who set alarms, you know, 

 6    almost like they're waking up to take care of a 

 7    screaming baby every couple of hours.  But 

 8    instead, the screaming baby is PP&GG, or it's -- 

 9                 (Laughter.)

10                 SENATOR ORTT:   -- you know, it's 

11    ELFA or whatever it might be, or Leg & Judy.  And 

12    so waking up to go through this to brief all of 

13    us so that we can understand, not only to ask 

14    questions, but so that we can go home and answer 

15    the most important questions from our 

16    constituents, the people we work for, so we can 

17    have an understanding of how this impacts them.  

18    Whether you voted for it or not, it impacts our 

19    constituents.  Whether you think it impacts them 

20    for the better or the worse, it impacts them.  

21    $237 billion is going to impact people.  And so 

22    it is important what we do here.

23                 Before I touch on the budget, I'll 

24    just wish my colleague Senator Kennedy good luck.  

25    I can promise you, I really can assure you 


                                                               3459

 1    sincerely that everyone on this side of the aisle 

 2    did everything we could to make this a memorable 

 3    experience for you from our vantage point.  

 4                 (Laughter.)

 5                 SENATOR ORTT:   And you said when 

 6    you first ran, he said that he was joining what 

 7    was considered widely the most dysfunctional 

 8    state government in the country.  And should he 

 9    be successful, he will join the most 

10    dysfunctional government, period.  

11                 (Laughter.)

12                 SENATOR ORTT:   So -- so I wish you 

13    luck.  I wish you luck.

14                 (Laughter.)

15                 SENATOR ORTT:   You'd be emotional 

16    too if that was the prospect facing you, right?  

17                 (Laughter.) 

18                 SENATOR ORTT:   But certainly it's 

19    been a pleasure to serve with him both here in 

20    Albany but also back home in Western New York.  

21    And again, do wish him well in the special 

22    election.

23                 There's not much really to add again 

24    that my colleagues and my conference has not 

25    already talked about.  But I just -- there were a 


                                                               3460

 1    couple of things that I wanted to touch on.  I'll 

 2    be brief, because I know we all want to get out 

 3    of here and we want to beat the Assembly and keep 

 4    our streak going.

 5                 So this budget tackled, like, a lot 

 6    of -- it tackled a lot of things.  But there were 

 7    obviously some major issues that sort of both 

 8    sides of the aisle talked about.  We talked about 

 9    affordability.  Specifically, I think, in the 

10    area of housing, because it is important to 

11    everyone.  Someone being able to afford housing, 

12    to access housing, I always believe and have said 

13    is a cornerstone of the American dream.  It is 

14    a -- when people talk about the American dream, 

15    when people come here from other parts of the 

16    world, one of the reasons they do so is to get 

17    their piece of the American dream.  Which is 

18    still alive, and I think sometimes is more alive 

19    outside the United States of America.  

20                 But they come here, and that's 

21    important.  We can't lose sight of that.  That 

22    is, if housing -- if the access to housing gets 

23    further and further out of reach for people, then 

24    that is a danger to the fabric of the 

25    United States of America and to any one of the 50 


                                                               3461

 1    states, including New York.

 2                 The question is, did we fix it.  Did 

 3    we move the needle.  I certainly would say no, 

 4    because the real issue around why there's not 

 5    enough housing is there's not enough construction 

 6    of housing.  Yes, there's other areas which my 

 7    colleagues have brought up -- people being in 

 8    apartments that maybe they shouldn't be in.  

 9    Apartments not coming online that otherwise might 

10    be online if owners had the means to fix them up 

11    or could charge rents to offset the cost of 

12    fixing them up.  

13                 But one of the other reasons is the 

14    cost of new construction in New York City and 

15    across New York State.  Because somebody said 

16    homeowners -- or homebuilders and developers love 

17    to build homes and develop housing units because 

18    that's how they make money.  They want to provide 

19    a roof over people's heads not because it's a 

20    moral thing, because that's their business.  And 

21    business owners like to be in business.  

22                 But we didn't address that root 

23    cause of new construction.  In fact, outside of 

24    New York City very little was done for the growth 

25    and construction of new homes in upstate 


                                                               3462

 1    New York, on Long Island.  In the city, as was 

 2    mentioned by some of my colleagues, the new 

 3    housing that was put in place, the new tax 

 4    credits and such, it's going to be years before 

 5    any of those units could potentially come online.  

 6                 However, at the same time that we're 

 7    trying to spur development, we put in place 

 8    essentially what is elements of good-cause 

 9    eviction, or you might even said rent control.  

10    We took the ideas of rent control out of New York 

11    City and are now expanding those ideas to other 

12    parts of the state and certainly growing them in 

13    New York City.

14                 And underlying this all is just a 

15    real philosophical difference.  I heard several 

16    of my colleagues across the aisle talk about, you 

17    know, profit motive, profits over people, we 

18    shouldn't be trying to make landlords rich.  

19                 Let's be clear.  No one's trying to 

20    make anyone rich.  The model is developers build 

21    homes and then those homes are bought or rented 

22    by people who need them.  That is the model.  And 

23    the more supply you have to meet the demand, it 

24    will lower the cost.

25                 But what's interesting is in this 


                                                               3463

 1    deal the richest landlords, if you would, the 

 2    ones that we all like demonize, or some of my 

 3    colleagues demonize -- the best part is they were 

 4    part of this, if we're being very honest.  The 

 5    middle-income landlords, the smaller landlords 

 6    were not part of this.  They were not in the room 

 7    when this was drawn up.

 8                 And those are the folks, as usual, 

 9    who are going to get shafted here.  It's the 

10    person who doesn't have a thousand units.  They 

11    have 30 units.  And maybe that's their 

12    retirement.  Maybe that's how they're going to 

13    put their kids through college.  Maybe that's how 

14    they're going to build generational wealth for 

15    them and their families.

16                 But we're saying today, that's not 

17    going to work here in New York.  We're saying 

18    that you really don't have the full right to 

19    build generational wealth, and your property 

20    rights, as we have always defined them, are not 

21    sacrosanct.  They're not inviolable.  Because 

22    essentially if somebody gets in a lease or an 

23    agreement in an apartment or a unit that as long 

24    as they pay, they'll never be able to -- to be 

25    asked to leave.  It will be tenancy for life.


                                                               3464

 1                 And then we also heard many of my 

 2    colleagues talk about this is the first step.  So 

 3    this isn't even bad enough.  There is more to do.  

 4    And of course that more is ultimately total 

 5    good-cause, tenancy for life, a reduction in 

 6    private property rights, private ownership, the 

 7    notion that the only house you should own is the 

 8    one you live in.  And those are all comments that 

 9    have been made, in some cases by people in this 

10    chamber.  

11                 And in our -- they may believe those 

12    comments.  I fundamentally, and our conference, 

13    does not.  We cannot.  And if we go down that 

14    road as we are, we will shed, we will not see new 

15    housing growth.  The new housing growth you will 

16    see, you'll have to go to Tennessee to see it.  

17    You'll have to go to Florida to see it.  You'll 

18    have to go to Texas to see it.  You'll have to go 

19    to North Carolina to see it.  

20                 That's what's going to happen.  

21    And that is what is happening.  And I've talked 

22    to many developers who have said that this is 

23    another reason -- another reason beyond the cost 

24    to not build and provide housing in New York.  

25                 So while it sounds good to demonize 


                                                               3465

 1    people who own apartment buildings because 

 2    there's always less of them than there are 

 3    tenants, the reality is those owners of apartment 

 4    buildings are the ones who provide apartments and 

 5    units to people to live in.  And we should be 

 6    spurring the construction and the building of new 

 7    housing to provide those opportunities for people 

 8    to access those here in New York, and we're not.  

 9    This bill does not do that.  It does actually 

10    quite the opposite.

11                 Healthcare, we're basically to 

12    hospitals that if people don't pay, you can't -- 

13    there's no way to actually get that money.  So 

14    you provide service, you provide medical 

15    treatment, and you don't have to get paid.  

16                 I don't have to tell anyone in this 

17    room no one likes being in the hospital.  

18    hospitals are like banks -- easy to demonize.  

19    But you know what?  Everyone in this room knows 

20    what most New Yorkers do not, that every hospital 

21    in this state is one bad month away from being 

22    financially insolvent, from being on the edge.  

23                 There was a teaching hospital in the 

24    Governor's proposed budget that was put out this 

25    year that was going to be closed, which I know 


                                                               3466

 1    after hundreds of millions of dollars invested, 

 2    it will remain open at least for the time.  

 3    Because it is getting more and more expensive to 

 4    keep hospitals open, probably because of global 

 5    issues, partly because of things that we are 

 6    doing here.  We are helping to collapse the 

 7    healthcare system in the State of New York in 

 8    this budget.  

 9                 And what does that mean?  That means 

10    as hospitals close -- no, it's not going to be 

11    any Mount Sinai, but it might be a rural 

12    hospital.  And as that happens, those 

13    constituents, those New Yorkers have less access 

14    to healthcare.  Which is bad for health outcomes, 

15    and it's another reason for people maybe not to 

16    live in those communities.

17                 So we're not doing anything on 

18    healthcare, even though that's obviously a huge 

19    talking point, and we're spending hundreds of 

20    millions of dollars to basically prop up a 

21    collapsing system.

22                 We did nothing -- or I guess we did 

23    barely anything on crime.  In spite of the 

24    Speaker of the Assembly's objections that 

25    penalties don't work, just let the retail theft 


                                                               3467

 1    happen, lock everything up, that will be a better 

 2    solution and a better message to our small 

 3    businesses, our brick-and-mortar businesses.  

 4                 I am thankful that we did something 

 5    on retail theft, but we all know -- we all know, 

 6    with three dead police officers in the past 

 7    month, we all know that we have to do a better 

 8    job on crime.

 9                 We're failing.  And you can ask any 

10    New Yorker of all political stripes, and they 

11    would tell you we are not doing enough on crime.  

12    This state is equally unsafe for more people 

13    today than it's ever been.

14                 Last, budgets are all about 

15    priorities.  We're spending a lot of money, 

16    $237 billion, $8 billion more than we spent last 

17    year; 73 billion more since 2019.  Now, most 

18    people would say, Well, I'm getting $8 billion 

19    more worth out of my government, right?  I'm 

20    getting $8 billion more.  But like so many things 

21    in today's day and age, we're spending more and 

22    we're getting less.  We're spending more and 

23    getting less.  This budget is not delivering 

24    $8 billion more worth of services, but it is 

25    providing $2.4 billion to noncitizens.  


                                                               3468

 1                 Now, I heard some of my colleagues 

 2    talk about unhoused individuals, and I had to 

 3    sort of just shake my head because we're 

 4    providing housing to 180,000 people who are not 

 5    citizens.  They're living in tent cities and in 

 6    hotels.  Someone else might be able to live in 

 7    those areas, but they're not.  

 8                 We're spending $2.4 billion at the 

 9    same time we're saving 500 million from the CDPAP 

10    program.  That program was a lifesaver for 

11    New York residents.  People who pay taxes, people 

12    who pay the bill for the $237 billion.  But we're 

13    going to set aside 2.4 billion this year.  We 

14    spent just about 2 billion last year.  And I'm 

15    sure, I am certain next year we'll be here having 

16    the same discussion.  Because we're not doing 

17    anything to stem the flow at our level.  We're 

18    not doing -- in fact, we're encouraging, by 

19    sanctuary policies, more people to come here.  

20                 And I heard someone talk about we're 

21    a land of immigrants.  And that's -- obviously, 

22    we all know that's a true statement.  It's 

23    something that's talked about.  But there's 

24    something that I want to address there, because 

25    the insinuation is that our American story is 


                                                               3469

 1    all -- we're all immigrants.  So if you're 

 2    against $2.4 billion for those who are here 

 3    illegally, then therefore you must be against the 

 4    idea of America.  

 5                 And that is not true.  It is 

 6    un-American to undermine federal immigration law.  

 7    It is un-American to work against law enforcement 

 8    and against the laws that have been passed to 

 9    safeguard and protect our communities, our 

10    states, and our country.  That, to me, is not in 

11    keeping with the spirit of America.  

12                 There is a way that people should be 

13    able to come to this country and take part in the 

14    American experiment.  One hundred eighty-six 

15    thousand people living in tent cities and 

16    shelters, risking their lives coming across the 

17    border, getting bused and airplaned into 

18    communities in the middle of the night?  That is 

19    not what it looks like.  It shouldn't be what it 

20    looks like.  It is what it looks like in 2024.  

21                 And this is going to contribute to 

22    that issue.  And again, at a time when we told 

23    school districts you have to accept cuts, when we 

24    told the CDPAP program you're kaput, at a time 

25    when we took funding out of healthcare, we told 


                                                               3470

 1    DSPs you're not going to work.  We made a lot of 

 2    tough decisions in this budget, as you always 

 3    have to do in any budget.  I don't care if you 

 4    spend a trillion dollars; somewhere there's a 

 5    hard decision.  But $2.4 billion goes a long way.  

 6    And I just wonder what that could have done in 

 7    other parts of the budget for legal New Yorkers 

 8    who pay this bill.  

 9                 And if spending money made this 

10    state more affordable -- I've said it many 

11    times -- we'd be the most affordable state and we 

12    wouldn't be losing people at the clip we're 

13    losing them.  The more we spend, the more people 

14    seem to leave.  The more we try to use government 

15    to provide everything for people, the more they 

16    escape our grasp and go to other states where 

17    there's more freedom, where they keep more of 

18    their money, where they have better 

19    opportunities.

20                 And until we understand that 

21    dynamic, however noble our intentions may be, we 

22    could spend as much as money as we want to, and 

23    the issues that are affecting New Yorkers and the 

24    decline that is happening in this state will not 

25    be addressed.


                                                               3471

 1                 So, Madam President, I thank you for 

 2    your indulgence.  Again, I thank all of the 

 3    members for their participation in this process.  

 4    I, along with my conference, am proud to have 

 5    voted no on this budget.  

 6                 But I thank you for the time, and I 

 7    hope everyone has a great two-week recess.  

 8                 Thank you.

 9                 ACTING PRESIDENT PERSAUD:   Thank 

10    you, Senator.  

11                 (Applause.)

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Gianaris.

14                 SENATOR GIANARIS:   Thank you, 

15    Madam President.  

16                 And now please recognize 

17    Majority Leader Andrea Stewart-Cousins.

18                 ACTING PRESIDENT PERSAUD:   Majority 

19    Leader Andrea Stewart-Cousins for remarks.

20                 SENATOR STEWART-COUSINS:   Thank you 

21    so much, Madam President.  

22                 And I guess I get to announce 

23    finally this is the end of the end.  

24                 (Laughter.)

25                 SENATOR STEWART-COUSINS:   Just so 


                                                               3472

 1    you know.  

 2                 (Laughter.)

 3                 SENATOR STEWART-COUSINS:   But we 

 4    know what this has been.  It's been a journey 

 5    marked by long hours and tough decisions and 

 6    certainly a great amount of resolve on both sides 

 7    of the aisle.  

 8                 We also, I'll remind us, had an 

 9    incredibly interesting period with our historic 

10    eclipse, our earthquake, and then our Bill 

11    Drafting Commission hacked.  You could not make 

12    this up.  

13                 And yet here we are at the end of 

14    the end of this budget cycle.  But with that 

15    being said -- and obviously this is a time where 

16    we give all of our thanks -- I really do want to 

17    thank the Bill Drafting Commission and especially 

18    the commissioner, Chris Higgins, because they 

19    were nimble, because they found the way to make 

20    sure that we could be here when we were ready to 

21    be here.  I really, really am grateful for 

22    everything that -- you know, talking about people 

23    working overtime, they really did.  So we I think 

24    we should give them a round of applause.

25                 (Applause.)


                                                               3473

 1                 SENATOR STEWART-COUSINS:   I had 

 2    visions of -- like I was asking people, like, Who 

 3    types?  You know --

 4                 (Laughter.)

 5                 SENATOR STEWART-COUSINS:   -- if 

 6    we're just going to be trying to get all this 

 7    into the system.  So it was great.  

 8                 Obviously I want to thank my 

 9    partners in government, certainly Governor Hochul 

10    and Speaker Heastie and all their teams for, you 

11    know, working again around the clock in terms of 

12    negotiations.  And to all of the members, as I 

13    said, on both sides of the aisle.  I know this is 

14    never fun.  We start in January and just work on 

15    through.  

16                 But certainly to my members in the 

17    Democratic Majority, you know how much I 

18    appreciate you and all of your efforts, because 

19    it is so clear that you take your fiduciary 

20    responsibility seriously.  And because of that, 

21    New York is better, better for your efforts.  So 

22    thank you.

23                 I also of course want to thank my 

24    deputy, Senator Gianaris.  Again, we know the 

25    role and, again, you guide it so smoothly.  And 


                                                               3474

 1    you and your counterpart, Senator Lanza, do an 

 2    extraordinary job, because we have to be 

 3    disciplined, but somebody has to make sure we 

 4    are.  Thank you so much, Senator Gianaris.

 5                 So Senator Liz Krueger, you're 

 6    amazing.  I tell her that all the time.  She 

 7    threatens to quit all the time.  I won't let her.  

 8    You just can't.  She even says things to see if I 

 9    will -- and I won't.  I don't ever, ever, ever 

10    take the bait.

11                 But thank you for, you know, again 

12    answering all the questions.  And you think, 

13    Senator Ortt, that she doesn't know but she 

14    actually does know all these answers, because 

15    she's had so much practice over the years.  

16                 And yes, Senator O'Mara, you are -- 

17    I am interested in seeing the dance that you -- 

18    we have a little room right there, and the space, 

19    and any time you want to show us this dance, I 

20    think we could -- it could be good.  It could 

21    break a little of the tension, right?  

22                 I also want to say to 

23    Senator Kennedy, I never thought I would ever see 

24    you speechless.  And -- 

25                 (Laughter.)


                                                               3475

 1                 SENATOR STEWART-COUSINS:   And I was 

 2    like, wow, is he going to get through this?  But 

 3    I think you kind of had all of us choked up, 

 4    because, you know, we're going to miss you.  And 

 5    you have brought, you know, a real energy and a 

 6    love of what you do and who you do it for.  And 

 7    all of us, it's very, very clear that your 

 8    passion is public service.  

 9                 And it was important that you 

10    learned the lessons being on this side of the 

11    aisle and that side of the aisle and finding ways 

12    to still get done what we needed to be done.  

13    Because that is absolutely what they need in 

14    Congress.  

15                 So Godspeed.  I don't want to jinx 

16    you, but I don't think you'll be back.  And I 

17    think you will represent what you learned here, 

18    in now I'm sure what is the most functional state 

19    legislature in the country, and you will bring it 

20    to Congress.  So good luck, and Godspeed.

21                 I also want to -- you know, again, 

22    Senator Ortt, thanks for being, you know, a good 

23    partner.  He's patient.  And, you know, I try and 

24    give you the most up-to-date -- yeah, well, you 

25    know.  When you're not patient, we don't talk.  


                                                               3476

 1    You talk to them.  

 2                 (Laughter.)

 3                 SENATOR STEWART-COUSINS:   But like 

 4    I said, I know it's not easy.  I've been there.  

 5    And, you know, to try and keep people informed 

 6    and engaged is not easy.  So thank you for that.

 7                 And then of course all of the staff 

 8    and the hard work that they do.  And I want to 

 9    make sure to give a special shout-out to my 

10    senior leadership team:  My Finance Director Dave 

11    Friedfel.  Majority Counsel Eric Katz.  Director 

12    of Intergov and External Affairs Leah Goldman.  

13    My Communications Director Mike Murphy.  Also the 

14    Secretary of the Senate, Alejandra Paulino, and 

15    her great team.  And for my amazing team, led by 

16    my Director of Operations Jonathan Alvarenga.  

17                 I really thank all of you, you know, 

18    and you get to be named because these people are 

19    just -- they're tireless and effective.  So I 

20    thank you.

21                 (Applause.)

22                 ACTING PRESIDENT PERSAUD:   I think 

23    we'll just give a general round of applause for 

24    all the staff that make us all -- thank you.  

25    Thank you.  Thank you, thank you, thank you.  


                                                               3477

 1                 (Applause.)

 2                 SENATOR STEWART-COUSINS:   Thank you 

 3    very much.

 4                 Yes, Senator Krueger, they are 

 5    tired.

 6                 (Laughter.)

 7                 SENATOR STEWART-COUSINS:   So 

 8    unfortunately for all of you, if we had actually 

 9    finished at 3:00 or 4:00 in the morning, I 

10    wouldn't be reading this speech.  But since we 

11    are here and it is still daylight, you will get, 

12    you know, what you might have missed yesterday.

13                 But I think where we begin is where 

14    we left off.  The reality is it's a budget that's 

15    a result of hard work, collaboration, and it's 

16    brought us to this moment.  But as we know, 

17    budgets are not just fiscal documents, it's a 

18    reflection of our values.  It's a testament to 

19    the commitment of the people of New York.  And 

20    it's clear that this Majority does not settle for 

21    things the way they've always been done.  

22                 Which is why our eyes during this 

23    budget have only looked forward, because we all 

24    know that we cannot let our state slip back to 

25    the days of underfunded schools, business 


                                                               3478

 1    opportunities only for the wealthy few, families 

 2    kicked to the streets during hard times out of 

 3    their control, people being forced into the 

 4    shadows for healthcare, and our natural resources 

 5    being treated as landfills.  That's not who we 

 6    are, and it's not the spirit of New York.  We're 

 7    change-makers, and we've sought to harness the 

 8    energy of that change in this budget.  

 9                 At its core, the budget is about 

10    curating a state that supports the opportunities 

11    and livelihoods of every person at every stage of 

12    their life.  And we want to make this a place 

13    where you can come, put down your roots, raise a 

14    family, and retire with dignity.  

15                 We can't expect people to make their 

16    lives from start to finish in our great state if 

17    average homes cost luxury prices.  It was beyond 

18    time to reach a housing deal that addressed 

19    head-on realities that families on the ground are 

20    facing.  Although it may not be a silver bullet, 

21    it's an imperative step in the right direction.  

22                 This budget does contain good-cause 

23    provisions that will shield tenants from 

24    unconscionable rent hikes and unwarranted 

25    evictions.  It will also incentivize the 


                                                               3479

 1    development of housing and, yes, affordable 

 2    housing.  And that affordable housing will come 

 3    in many ways, including our new Housing 

 4    Opportunities for the Future program and new 

 5    tax-credit programs for development in New York 

 6    City and beyond.

 7                 Additionally, we'll be providing 

 8    hundreds of millions to support, yes, our public 

 9    housing not only in New York City but outside of 

10    New York City.  We also are taking steps to 

11    protect homeowners at risk of foreclosure with an 

12    additional $40 million for the Homeowners 

13    Protection Program.  We're addressing the crime 

14    of deed theft and codifying the distinction 

15    between tenants and squatters to help make 

16    prosecution easier.

17                 We also know it's important for the 

18    place we call home to be somewhere your kids can 

19    learn and grow.  That's why when families put 

20    down their roots, whether it's in Manhattan or 

21    the rural reaches of the Adirondacks, they should 

22    know that schools will be equally supported and 

23    adequately funded.  It was not until the Senate 

24    majority sat in these seats that New York finally 

25    upheld its obligation to fully fund our schools 


                                                               3480

 1    after decades of neglect.  

 2                 This budget rejects proposed changes 

 3    to the Foundation Aid formula without some study 

 4    and continues to hold schools harmless for 

 5    enrollment changes.  We've also added funding for 

 6    universal pre-K and after-school, knowing the 

 7    importance of these areas in the development and 

 8    well-being of our children.

 9                 School is literally the path on 

10    which you walk into a better future.  It will 

11    always be a smart investment for us to make, 

12    knowing the dividends it pays for our kids, their 

13    future, and our state.  

14                 And when those kids grow up, they 

15    should be able to get the degree they deserve not 

16    just the one they can afford.  And that's why in 

17    this year's budget we included a record increase 

18    in the Tuition Assistance Program, also known as 

19    TAP, with expanded eligibility for the first time 

20    in two decades.  A solid education is the key to 

21    a long and productive career.  

22                 Our state, with an economy that 

23    dwarfs many countries, is powered by the 

24    hardworking individuals who make up our 

25    workforce.  It's imperative that they can earn a 


                                                               3481

 1    livable wage while also being able to take time 

 2    off when necessary and ultimately retire 

 3    after putting in a career's worth of time.  This 

 4    conference has been consistently dedicated to the 

 5    labor that powers our state, and so in this 

 6    year's budget we took steps to fix Tier 6 to 

 7    better attract and retain people to civil 

 8    service.  We also secured a cost-of-living 

 9    increase for both direct service providers and 

10    state agency workers.  

11                 I'm proud to announce that thanks to 

12    the Senate's efforts, this budget will also 

13    include the Newspaper and Broadcast Media Jobs 

14    Program as a tax incentive, which will work to 

15    directly support the employment and retention of 

16    local journalism and media jobs.  Not only is 

17    this important for an employment pool, but it's a 

18    pro-democracy measure, and that will ensure that 

19    our fourth branch of government reaches every 

20    level and every corner of our state.  

21                 In 2016 New York led by enacting the 

22    country's strongest and most comprehensive paid 

23    family leave program.  We're continuing those 

24    efforts today by creating a first-in-the-nation 

25    Paid Prenatal Leave Program, by increasing the 


                                                               3482

 1    amount of sick time a pregnant person can use for 

 2    prenatal doctors' visits.  We're also supporting 

 3    our working moms by allowing 30 minutes of paid 

 4    time for new moms to pump during the work day.  

 5                 Having a safe, affordable place to 

 6    call home, a well-paying job, meaningful 

 7    benefits, the ability to take time off when 

 8    needed are fundamental to long-term stability.  

 9    But even under the best of circumstances, people 

10    get sick, and we still need medical care.  We 

11    recognize the critical importance of ensuring 

12    access to quality healthcare for all New Yorkers, 

13    and our budget reflects that commitment.  That's 

14    why we secured Medicaid increases to hospital 

15    services, nursing homes, assisted living 

16    programs.  We have additional resources, yes, for 

17    our safety-net hospitals.  And we've successfully 

18    stopped the closure of SUNY Downstate with both 

19    its short-term viability and long-term service in 

20    mind.

21                 And a key pillar of our fight for 

22    health equity has been to deal with the 

23    weaponization of medical debt against people in 

24    need of care.  And building on our work this 

25    session and recent years, we're eliminating cost 


                                                               3483

 1    sharing for insulin.  This budget will make sure 

 2    that our policies are grounded in basic humanity, 

 3    and we're going to make sure that your care is 

 4    not dictated by what you owe and what you can 

 5    pay.

 6                 As we've always done and will 

 7    continue to do, the budget takes a definitive 

 8    step forward for maternal and reproductive 

 9    healthcare.  This year that means codifying the 

10    Reproductive Freedom and Equity program and 

11    prioritizing greater access to doula services.  

12    We know from the past and from what we're seeing 

13    elsewhere in the country that rollbacks to 

14    fundamental human rights are a hindrance to each 

15    and every one of us.  We will continue to keep 

16    women and people safe in the face of attacks on 

17    reproductive rights and family planning across 

18    the nation.

19                 And when New Yorkers are raising 

20    their families, they need to know that their kids 

21    are covered too.  In a major victory for our 

22    children, this budget will also allow children 

23    under six to remain continuously enrolled in 

24    Medicaid and the Children's Health Insurance 

25    Program, which means that kids will remain 


                                                               3484

 1    insured during their early development years and 

 2    parents will save money and medical costs.  

 3                 And we're continuing our commitment 

 4    to mental health resources by increasing the 

 5    number of beds available for mental health 

 6    treatment, including a $75.8 million increase for 

 7    crisis service intervention so that people can 

 8    get the help they need when they need it.  

 9                 This year's budget was about making 

10    smart investments in our system to carry for 

11    years to come.  The need for improvement extends 

12    far beyond social programs to roads, bridges, 

13    sewer systems, other infrastructure that actually 

14    gets us where we need to go.  This budget 

15    includes record funding that the Senate Majority 

16    fought tirelessly for, including the extra 

17    $60 million for its CHIPS program, for a total of 

18    nearly $600 million, and an additional 

19    $10 million in additional funds for upstate 

20    public transit.  

21                 In a significant boon to our 

22    municipalities, this Majority successfully 

23    secured the first increase in Aid and Incentives 

24    to Municipalities, also known as AIM, since 2012.  

25    This $50 million boost over the Executive's 


                                                               3485

 1    proposal brings us to over $700 million, and it 

 2    will assist municipalities in providing essential 

 3    services and conducting long-overdue upgrades.  

 4                 We know the importance of food 

 5    security and supporting our farmers.  No farmers, 

 6    no food.  We're investing in our farms, in 

 7    agriculture, and we're very happy that there is 

 8    an additional $4.3 million that's been put into 

 9    Nourish New York that reroutes surplus farm 

10    products to New York's networks of food banks.  

11                 To help keep our communities safe, 

12    we're taking action and making investments to 

13    empower law enforcement -- and communities 

14    also -- to crack down on illegal cannabis shops 

15    and curtail retail theft and prevent hate crimes.

16                 And as we work to build a more 

17    sustainable future for our state, we're not 

18    backing down on our aggressive climate goals.  

19    We're committed to creating good green jobs, 

20    lowering utility costs, and preserving our planet 

21    for future generations.  Our environmental 

22    initiatives reflect our dedication to combating 

23    climate change and protecting our natural 

24    resources.  That's why we restored the 

25    $250 million cut to the Clean Water funding.  We 


                                                               3486

 1    successfully prevented cuts to our Environmental 

 2    Protection Fund, for an investment of 

 3    $400 million.  And we're continuing to ensure 

 4    that the clean green future saves ratepayers 

 5    money.  That's why we included $50 million for 

 6    the Empower Program to electrify recipients' 

 7    homes and help guarantee that customers do not 

 8    spend more than 6 percent of their income on 

 9    their electric bill.

10                 We secured a two-year sales tax 

11    exemption on the installation of residential 

12    energy storage systems which will lower consumer 

13    costs and make it easier to electrify their 

14    homes.  And we've demonstrated yet again that our 

15    climate-forward future will be union-built by 

16    adding critical labor protections to the 

17    Executive's RAPID Act proposal, which expedites 

18    siting of new renewable energy projects.

19                 A month ago we passed our one-house 

20    resolution in a statement of the Senate's 

21    priorities.  Now we're animating those priorities 

22    with a state budget that put the real resources 

23    into things that matter and makes a difference in 

24    people's lives.

25                 I know we want to go.  We're beyond 


                                                               3487

 1    overtime.  So I could continue to highlight more 

 2    ways that this budget is helping the great State 

 3    of New York and New Yorkers, but I won't.  

 4                 What I'll do is thank you again for 

 5    the work you do on behalf of each and every one 

 6    of us.  I want to, yes, have you enjoy the two 

 7    weeks.  Don't forget, tomorrow's Earth Day.  Make 

 8    sure you do something nice for the planet.  For 

 9    those who are celebrating Passover, have a 

10    Happy Passover.  

11                 And again, enjoy the next two weeks, 

12    with the understanding that when we come back in 

13    the merry month of May, we have maybe about 

14    18 days -- I know, I'm sorry to do that to you -- 

15    18 days to fulfill the hopes and dreams that 

16    everyone has in their legislative lives.

17                 So again, it's an honor and a 

18    privilege, and enjoy the break.  

19                 Thank you so much, Madam President.  

20                 (Sustained standing ovation.)

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Gianaris.  

23                 SENATOR GIANARIS:   Thank you, 

24    Madam President.  

25                 You know, when you have Passover, 


                                                               3488

 1    you also have Greek Easter not far behind, so I 

 2    want to wish everyone a Happy Orthodox Easter --

 3                 ACTING PRESIDENT PERSAUD:   Happy 

 4    Orthodox Easter.

 5                 SENATOR GIANARIS:   -- there are a 

 6    few of us in here.

 7                 With that, is there any further 

 8    business at the desk?

 9                 ACTING PRESIDENT PERSAUD:   There is 

10    no further business at the desk.

11                 SENATOR GIANARIS:   I move to 

12    adjourn until Monday, May 6th, at 3:00 p.m., 

13    intervening days being legislative days.

14                 ACTING PRESIDENT PERSAUD:   On 

15    motion, the Senate stands adjourned until Monday, 

16    May 6th, at 3:00 p.m., intervening days being 

17    legislative days.

18                 (Whereupon, at 3:33 p.m., the Senate 

19    adjourned.)

20

21

22

23

24

25