TUESDAY, FEBRUARY 25, 2020 3:09 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF MONDAY, FEBRUARY 24TH.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, FEBRUARY

NYS ASSEMBLY FEBRUARY 25, 2020

THE 24TH AND ASK THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION,

SO ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF I CAN HAVE THE ATTENTION OF THE MEMBERS, GUESTS AND FRIENDS

THAT ARE IN THE CHAMBERS. I WOULD LIKE TO SHARE A QUOTE FOR TODAY PRIOR

TO THE BEGINNING OF OUR WORK. THIS QUOTE, MR. SPEAKER, WAS FROM

KATHERINE JOHNSON, WHO RECENTLY TRANSPIRED TO HEAVEN. SHE IS A FORMER

NASA MATHEMATICIAN. SHE UNFORTUNATELY HAS TRANSITIONED, AS I SAID,

BUT IN HER YEARS OF WORK AT NASA SHE PLAYED A VITAL ROLE IN SHAPING

HOW OUR SPACE MISSIONS LOOK. HAD IT NOT BEEN FOR HER EFFORTS IN 1969

PERHAPS WE WOULDN'T HAVE SUCCESSFULLY GOTTEN TO THE MOON WITH THE

APOLLO 11. SHE WON OSCAR -- THE FILM THAT SHE WAS IN, HIDDEN FIGURES,

WON AN OSCAR, AND SHE DID FABULOUS WORK AS A PERSON WHO WAS CALLED

A "HUMAN COMPUTER." SHE WAS A PIONEER IN BREAKING DOWN GENDER,

RACIAL AND SOCIAL BARRIERS AND WAS AWARDED THE PRESIDENTIAL MEDAL OF

FREEDOM BY PRESIDENT BARACK OBAMA IN 2015. HER QUOTE THAT SHE LEFT

FOR US, MR. SPEAKER, TODAY IS THAT, WE WILL ALWAYS HAVE STEM WITH US.

SOME THINGS WILL DROP OUT OF PUBLIC EYE AND WILL GO AWAY, BUT THERE

WILL ALWAYS BE SCIENCE, ENGINEERING AND TECHNOLOGY. AND THERE WILL

ALWAYS, ALWAYS BE MATHEMATICS. SHE WAS RIGHT WHEN SHE SAID IT, SHE'S

RIGHT NOW, AND I'M GLAD WE HAD THIS OPPORTUNITY TO SHARE HER WORDS.

WITH THAT, MR. SPEAKER, I WILL SAY THAT MEMBERS HAVE

ON THEIR DESK A MAIN CALENDAR AND A DEBATE LIST. AND AFTER THERE ARE

NYS ASSEMBLY FEBRUARY 25, 2020

ANY INTRODUCTIONS AND/OR -- THERE'S SEVERAL INTRODUCTIONS, BUT AFTER

INTRODUCTIONS AND HOUSEKEEPING WE WILL CONTINUE OUR CONSENT OF NEW

BILLS BEGINNING WITH CALENDAR NO. 408 ON PAGE 56. WE WILL ALSO

CONTINUE TO CONSENT FROM THE MAIN CALENDAR WHERE WE WERE ON

YESTERDAY. THAT'S ON PAGE NUMBER 49, CALENDAR NO. 317. AND WE WILL

ALSO TAKE UP BILLS FROM OUR DEBATE LIST. WE WILL DETERMINE WHAT

CONFERENCE NEEDS WILL BE FOR BOTH SIDES OF OUR HOUSE AT THE APPROPRIATE

TIME.

WITH THAT, MR. SPEAKER, THAT'S A GENERAL OUTLINE. IF

THERE ARE THOSE MULTIPLE INTRODUCTIONS YOU CAN PROBABLY HANDLE, AND

I'M SURE THERE'S HOUSEKEEPING AS WELL.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES. HIDDEN FIGURES WAS A MOVIE IF YOU WANT TO WATCH IT,

ANYBODY. IT WAS A GREAT MOVIE.

AND WE HAVE AN INTRODUCE -- INTRODUCTION BY MR.

JONES.

MR. JONES: MR. SPEAKER, I RISE TODAY TO INTRODUCE

STUDENTS FROM THE FRANKLIN-ESSEX-HAMILTON BOCES NEW VISIONS LAW

AND GOVERNMENT CLASS. THESE STUDENTS PARTICIPATE IN AN EXPERIENTIAL

LEARNING PROGRAM WHERE STUDENTS SHADOW PROFESSIONALS IN LEGAL AND

LAW ENFORCEMENT PROFESSIONS. STUDENTS EARN COLLEGE CREDITS AND THEY

PERFORM RESEARCH PROJECTS AS COMMUNITY SERVICE; FOR EXAMPLE, HAVING

CATALOGED ALL THE HISTORIC SIGNS IN FRANKLIN COUNTY. THIS YEAR'S CLASS IS

RESEARCHING SCHOLARSHIPS HISTORIES DATING BACK TO THE 1800S. WITH US

NYS ASSEMBLY FEBRUARY 25, 2020

TODAY ARE STUDENTS FROM BRUSHTON-MOIRA, SALMON RIVER AND FRANKLIN

COUNTY, ALL LOCATED IN MY HOME COUNTY OF FRANKLIN. WE HAVE CARIS

HOPKINSON, BRYNN LAPAGE, ELYSSA RIVERA, SHANNON RYAN, JOSHUA

TYLENDA, CADY WELLS, EMILIE WHITNEY, AND THEIR INSTRUCTOR, TRACY

EDWARDS.

MR. SPEAKER, I ASK THAT YOU EXTEND ALL THE CORDIALITIES

OF THE CHAMBER TO THIS FINE GROUP OF STUDENTS.

ACTING SPEAKER AUBRY: CERTAINLY.

MR. JONES: THANK YOU.

ACTING SPEAKER AUBRY: ON BEHALF OF MR.

JONES, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE TO THE

NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR.

COMMEND YOU ON THE WORK THAT YOU ARE DOING WHILE YOU'RE IN THIS

PROGRAM, BUT ALSO ON THE FUTURE SERVICE THAT YOU WILL PROVIDE THE STATE.

WE'RE VERY PROUD OF YOU. KNOW THAT YOU ARE ALWAYS WELCOME HERE.

THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. JACOBSON.

MR. JACOBSON: THANK YOU, MR. SPEAKER. IT IS --

IT IS MY PLEASURE AND HONOR TO INTRODUCE TODAY PEOPLE FROM THE

NEWBURGH FREE LIBRARY, WHICH IS THE PUBLIC LIBRARY OF THE NEWBURGH

ENLARGED CITY SCHOOL DISTRICT, AND STUDENTS FROM NEWBURGH FREE

ACADEMY WEST, ONE OF OUR HIGH SCHOOLS IN THE DISTRICT. WE HAVE MARY

LOU CAROLAN, WHO IS THE ASSISTANT DIRECTOR OF THE NEWBURGH FREE

LIBRARY. WE HAVE SARA SCOGGAN FROM THE LIBRARY; CATHERINE GILLIGAN,

NYS ASSEMBLY FEBRUARY 25, 2020

ALSO FROM THE NEWBURGH FREE LIBRARY; KATHERINE -- KATHLEEN FINNERTY

FROM THE GIDNEY AVENUE SCHOOL LIBRARY AND ELEMENTARY SCHOOL; JOAN

MALDARELLI FROM THE NEWBURGH FREE LIBRARY; AND WE HAVE DENNIS

MAHER, WHO IS AN ENGLISH TEACHER AND THE ADVISOR TO THE STUDENT

GOVERNMENT COUNCIL AT NFA WEST. FROM NFA WEST WE HAVE

STUDENTS THAT ARE ON THE COUNCIL, AND WE HAVE THE OFFICERS, SOME OF THE

OFFICERS THAT ARE HERE. WE HAVE JORDAN PATTERSON, WHO IS PRESIDENT OF

THE STUDENT GOVERNMENT COUNCIL; WE HAVE JUANITA CLANTON, WHO IS THE

CO-PRESIDENT; AND CHELSEA AMARO, WHO IS THE VICE-PRESIDENT.

SO, MR. SPEAKER, WOULD YOU PLEASE EXTEND TO THEM THE

COURTESIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. JACOBSON, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

HERE TO THE NEW YORK STATE ASSEMBLY, TO THE PEOPLE'S HOUSE. WE

HOPE THAT THIS IS A GREAT DAY FOR YOU. WE WELCOME YOU HERE FROM

NEWBURGH, BOTH TEACHERS AND LIBRARIANS AND SUPERVISORS AND YOUNG

PEOPLE. WE'RE HAPPY TO HAVE YOU. HOPE THAT YOU'VE ENJOYED YOUR TIME

HERE IN ALBANY AND WILL TRAVEL HOME SAFELY. THANK YOU SO VERY MUCH

FOR COMING.

(APPLAUSE)

FOR THE PURPOSES OF AN INTRODUCTION, MS. NIOU.

MS. NIOU: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO MAKE THESE IMPORTANT INTRODUCTIONS TODAY. TODAY WE CELEBRATE

THE CHINESE PLANNING COUNCIL AND THEIR ANNUAL DAY OF ADVOCACY HERE IN

THE CAPITOL, AS WELL AS THEIR 55TH ANNIVERSARY. I RISE TO INTRODUCE SOME

NYS ASSEMBLY FEBRUARY 25, 2020

OF THESE INDIVIDUALS WHO ARE HERE TODAY IN HONOR OF CPC'S ADVOCACY

DAY HERE IN ALBANY. I WANT TO RECOGNIZE MY VERY GOOD FRIEND, WAYNE

HO, THE PRESIDENT OF CPC. I WANT TO INTRODUCE CARLYN COWEN, THE

CHIEF POLICY AND PUBLIC AFFAIRS OFFICER AT CPC. SHUK KING CHENG, A

PROGRAM SUPERVISOR WITH OUR EDUCATION AND CAREER SERVICES DIVISION;

AND TWO OF MY VERY OWN CONSTITUENTS, EMILY LAI - DO YOU WANT TO

STAND UP - AND JENNY ZHENG. I WANT TO THANK THIS ORGANIZATION AND

THESE INDIVIDUALS FOR THEIR TREMENDOUS WORK IN PROVIDING SENIOR

SERVICES, LANGUAGE ACCESSIBILITY IN 25 LANGUAGES, AND EXTREMELY

IMPORTANT RESOURCES TO OVER 40 DIFFERENT COUNTIES IN OUR STATE. I AM

THRILLED TO WELCOME OUR GUESTS TO THE PEOPLE'S HOUSE, AND CPC,

BECAUSE THEY ARE CELEBRATING THEIR 55TH ANNIVERSARY THIS YEAR. THEY

WERE FOUNDED RIGHT AT THE END OF THE CHINESE EXCLUSION ACT AND

WORKED TO WELCOME NEW IMMIGRANTS TO THEIR HOME HERE IN NEW YORK.

ASIAN-AMERICANS ARE ACTUALLY THE FASTEST-GROWING POPULATION IN OUR

STATE RIGHT NOW, AND THEIR RESOURCES AT CPC PROVIDE SUPPORT FOR OUR

ENTIRE POPULATION. I'VE HAD THE OPPORTUNITY TO WORK WITH SOME OF THIS

ORGANIZATION OVER THE YEARS, AND I AM PROUD TO PARTNER WITH THEM AS WE

CONTINUE TO LEVEL THE PLAYING FIELD FOR THOSE MOST IN NEED AND TO

ADDRESS THE RACIAL WEALTH GAPS THAT WE FACE TODAY.

I WANT TO THANK MY COLLEAGUES FOR SETTING ASIDE THIS

TIME TO INTRODUCE THESE INCREDIBLE INDIVIDUALS, AND I ASK THAT MY

COLLEAGUES AND THE SPEAKER EXTEND ALL OF THE CORDIALITIES OF OUR HOUSE

TO OUR DISTINGUISHED GUESTS AS WE CELEBRATE THEM ON THEIR OCCASION OF

CPC'S ADVOCACY DAY HERE IN ALBANY AS WELL AS THEIR 55TH ANNIVERSARY.

NYS ASSEMBLY FEBRUARY 25, 2020

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. NIOU, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE

TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE

FLOOR. THIS IS THE PEOPLE'S HOUSE. WE CONGRATULATE YOU BOTH ON THE

SERVICES YOU'RE DOING NOW, AND FOR YOUR 55TH-YEAR ANNIVERSARY. WE

HOPE YOU WILL CONTINUE THAT TRADITION AND HOPEFULLY WORK YOURSELVES

OUT OF A JOB SO THAT PEOPLE WILL HAVE THE OPPORTUNITY TO PARTICIPATE IN

THIS COUNTRY AND IN THE FREEDOMS THAT IT OFFERS ECONOMICALLY, POLITICALLY,

SOCIALLY. CONTINUE THAT GREAT WORK UNTIL THAT TIME, AND KNOW THAT YOU

ARE ALWAYS WELCOME HERE. THANK YOU SO VERY MUCH. XIE XIE.

(APPLAUSE)

MS. LINDA ROSENTHAL.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER.

TODAY I RISE TO RAISE AWARENESS OF THE CONDITION KNOWN AS

LYMPHEDEMA, WHICH IS A CONDITION THAT OFTEN OCCURS FOLLOWING

TREATMENT FOR CANCER OR IT CAN BE CONGENITAL. LYMPHEDEMA CAUSES

EXTREME SWELLING OF ONE'S ARMS OR LEGS AND SEVERELY IMPAIRS A PERSON'S

MOBILITY. LYMPHEDEMA AFFECTS WELL OVER 10 MILLION PEOPLE HERE IN THE

UNITED STATES, MORE THAN THOSE SUFFERING FROM MULTIPLE SCLEROSIS,

MUSCULAR DYSTROPHY, ALS, PARKINSON'S AND AIDS COMBINED. IN 9 -- IN

2014, NEW YORK STATE BECAME THE FIRST LEGISLATURE IN THE WORLD TO

RECOGNIZE WORLD LYMPHEDEMA DAY, AND WE HAVE DONE SO EACH YEAR.

SOME OF THE INCREDIBLE LYMPHEDEMA ADVOCATES WHO MADE THE TRIP TO

ALBANY ARE HERE TODAY. FROM THE LYMPHEDEMA EDUCATION AND

NYS ASSEMBLY FEBRUARY 25, 2020

RESEARCH NETWORK WE HAVE THE PRESIDENT AND CEO, WILLIAM REPICCI;

AND COLLEEN MCGUIRE, CHIEF OPERATING OFFICER. ALSO JOINING US AGAIN

THIS YEAR IS STAUNCH ADVOCATE TIFFANY DETLEFSEN WITH 10-YEAR-OLD

EMMA, WHO WAS BORN WITH PRIMARY LYMPHATIC DISEASE AND WHO RESIDES

IN ASSEMBLYMEMBER SANTABARBARA'S DISTRICT. DESPITE HER YOUNG AGE,

EMMA IS ALREADY HIGHLY INVOLVED WITH THE CAUSE, SPENDS TIME WHEN

SHE'S NOT AT SCHOOL FUNDRAISING, GIVING SPEECHES, LOBBYING IN

WASHINGTON, D.C. FOR UNIVERSAL INSURANCE COVERAGE FOR COMPRESSION

GARMENTS USED BY THOSE WITH LYMPHEDEMA. AND FOR THE FIRST TIME THIS

YEAR WE ARE JOINED BY DEBORAH CAREY AND HER HUSBAND, JIM, OF

SYRACUSE, NEW YORK, CONSTITUENTS OF ASSEMBLYMEMBER MAGNARELLI.

DEBORAH IS A BREAST CANCER SURVIVOR AND A POWERFUL ACTIVIST AND

FUNDRAISER FOR LYMPHEDEMA EDUCATION AND RESEARCH. BECAUSE OF STRONG

LYMPHEDEMA RESEARCH, DEBORAH WAS ABLE TO HAVE SURGERY THAT REDUCED

HER CHANCES OF DEVELOPING LYMPHEDEMA AS A RESULT OF HER CANCER

SURGERY.

THE WORK THAT ALL OF THESE ADVOCATES IN THE CHAMBER

WITH US TODAY ARE DOING WILL CHANGE LIVES, AND IT'S ALWAYS MY PLEASURE

TO WORK WITH THEM IN ALBANY. WE ARE MARKING WORLD LYMPHEDEMA

DAY TODAY, AND SO, MR. SPEAKER, WOULD YOU PLEASE EXTEND TO ALL OF OUR

GUESTS HERE THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. ROSENTHAL, MR. SANTABARBARA, MR. MAGNARELLI, THE SPEAKER AND

ALL THE MEMBERS, WE WELCOME THESE EXTRAORDINARY ADULTS HERE TO THE

NEW YORK STATE ASSEMBLY. AND ESPECIALLY TO THE TWO YOUNG LADIES

NYS ASSEMBLY FEBRUARY 25, 2020

WHO HAVE ACCOMPANIED YOU, WE SALUTE YOU FOR THE COURAGE AND THE

SELFLESSNESS THAT YOU HAVE DISPLAYED IN PROVIDING HELP TO OTHERS WHO

CAN'T HELP THEMSELVES. THIS IS THE PEOPLE'S HOUSE. YOU ARE ALWAYS

WELCOME HERE. AND AGAIN, THANK YOU FOR THE EFFORTS THAT YOU'RE

PROVIDING TO HELP US IN THIS CASE. THANK YOU SO VERY MUCH.

(APPLAUSE)

MS. SIMON.

MS. SIMON: THANK YOU, MR. SPEAKER. I'D LIKE TO

WELCOME 10-YEAR-OLD CARTER POWELL AND HIS PARENTS. CARTER WAS BORN

WITH A CLEFT PALLET, A CONGENITAL ABNORMALITY THAT'S REQUIRED

RECONSTRUCTIVE SURGERY IN INFANCY AND SUBSEQUENT SURGERIES AND

THERAPIES. HE AND HIS PARENTS, JENNIFER AND AARON, ARE HERE TODAY TO

HELP EDUCATE LEGISLATORS ABOUT THE HEALTH NEEDS OF THE 1 IN 38 CHILDREN

BORN IN NEW YORK WITH CONGENITAL ABNORMALITIES. UNFORTUNATELY,

THOSE NEEDS TOO OFTEN ARE UNMET, AND CARTER THINKS THAT'S WRONG AND

WANTS TO SET ABOUT TO CHANGE THAT.

SO PLEASE, IF YOU WILL, MR. SPEAKER, EXTEND THE

CORDIALITIES OF THE HOUSE TO CARTER AND HIS PARENTS, JENNIFER AND AARON.

THANK YOU.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. SIMON, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE

TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE

FLOOR. THANK BOTH PARENTS AND CARTER, YOU, FOR COMING AND SHARING THIS

WITH US AND EXEMPLIFYING THE KIND OF WORK THAT CAN BE DONE IF YOU PUT

YOUR MIND AND YOUR HEART TO IT. CONTINUE THAT GREAT WORK. KNOW THAT

NYS ASSEMBLY FEBRUARY 25, 2020

YOU ALWAYS HAVE OUR ADMIRATION AND YOU ARE ALWAYS WELCOME HERE.

THANK YOU SO VERY MUCH.

(APPLAUSE)

(PAUSE)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. IF WE COULD NOW CONTINUE OUR WORK WITH RESOLUTIONS ON PAGE

3, AND IMMEDIATELY FOLLOWING THAT WE WILL GO TO CALENDAR NO. 408

WHICH IS ON PAGE 56. IN THAT ORDER, MR. SPEAKER.

ACTING SPEAKER AUBRY: RESOLUTIONS, THE

CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 781,

L. ROSENTHAL. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR M.

CUOMO TO PROCLAIM MARCH 6, 2020, AS LYMPHEDEMA DAY IN THE STATE

OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF THE FIFTH ANNUAL

WORLD LYMPHEDEMA DAY.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 782, JAFFEE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M. CUOMO TO

PROCLAIM SEPTEMBER 2020, AS KINSHIP CARE MONTH IN THE STATE OF NEW

YORK.

ACTING SPEAKER AUBRY: MS. JAFFEE ON THE

RESOLUTION.

NYS ASSEMBLY FEBRUARY 25, 2020

MS. JAFFEE: MR. SPEAKER, AS WE ALL KNOW, IT IS

CUSTOM FOR THIS BODY TO RECOGNIZE OFFICIAL MONTHS TO RAISE AWARENESS

OF ISSUES THAT IMPACT THE LIVES OF RESIDENTS OF NEW YORK STATE.

KINSHIP CARE MONTH RECOGNIZES CHILDREN WHO WERE RAISED BY

GRANDPARENTS, AUNTS, UNCLES AND OTHER RELATIVES. THESE CAREGIVERS

PROVIDE THESE CHILDREN WITH A PLACE TO GROW, PROMOTE THEIR WELL-BEING

AND PROVIDE THEM THE FOUNDATION THEY NEED TO SUCCEED AS THEY MOVE

FORWARD AND MATURE IN NEW YORK STATE. AMONG MY PRIORITIES IS THE

WELL-BEING OF CHILDREN AND YOUTH IN KINSHIP AND FOSTER CARE. LIKE

MANY OF YOU, I STAND COMMITTED TO ENSURING THAT THE KINSHIP

COMMUNITY HAS THE RESOURCES, PROGRAMS AND SERVICES AND NEEDS TO

SUPPORT OUR DEDICATED CAREGIVERS AND FAMILIES, AND TO HELP OUR MOST

VULNERABLE CHILDREN AND YOUTH BUILD STRONG AND PRODUCTIVE LIVES IN

SAFE, SECURE FAMILY SETTINGS. WITH US TODAY IS A GROUP OF KINSHIP CARE

FAMILIES - PLEASE STAND - WHO HAVE WORKED HARD TO RAISE AWARENESS TO

THE NEED OF KINSHIP AND TO PROVIDE RESOURCES FOR FOSTER CARE, FOR FOSTER

CHILDREN AND THEIR FAMILIES. AS TODAY IS KINSHIP CARE ADVOCACY DAY, I

ASK THAT WE ACKNOWLEDGE THESE GRANDPARENTS, AUNTS, UNCLES AND OTHER

RELATIVES AND THANK THEM FOR THEIR EFFORTS IN CARING FOR OUR FOSTER YOUTH.

AND SO TODAY, MR. SPEAKER, WE STAND TOGETHER TO

RECOGNIZE SEPTEMBER AS KINSHIP CARE MONTH. THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: CERTAINLY. FIRST, ON

-- ON BEHALF OF MS. JAFFEE, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME THESE DEDICATED PARENTS AND AUNTS AND UNCLES AND FAMILY

MEMBERS WHO TAKE CARE OF THEIR FAMILY. WE EXTEND TO YOU THE

NYS ASSEMBLY FEBRUARY 25, 2020

PRIVILEGES OF THE FLOOR. OUR UNDYING THANKS BECAUSE WHAT YOU DO

MAKES THIS GREAT STATE GREATER. HOPEFULLY THAT YOU WILL CONTINUE THAT

WORK AND WE WILL PROVIDE THE SUPPORT TO YOU THAT'S NECESSARY.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

(APPLAUSE)

PAGE 56, CALENDAR NO. 408, ON CONSENT, THE CLERK WILL

READ.

THE CLERK: ASSEMBLY NO. A09034, CALENDAR NO.

408, MCDONALD, D'URSO, BRAUNSTEIN, WILLIAMS, SEAWRIGHT, COOK,

CAHILL, RIVERA, ARROYO, BLANKENBUSH, RA, LAWRENCE, MORINELLO,

GOTTFRIED, BLAKE, FAHY, OTIS, HAWLEY, TAYLOR, SAYEGH, ASHBY,

PICHARDO, SMULLEN, WALCZYK, STIRPE, BYRNE, GRIFFIN, EPSTEIN. AN ACT

TO AMEND THE PUBLIC HEALTH LAW AND THE EDUCATION LAW, IN RELATION TO

THE DISPENSING OF PARTIALLY-FILLED PRESCRIPTIONS.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

MCDONALD, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THIS CAN BE OUR FIRST

NYS ASSEMBLY FEBRUARY 25, 2020

VOTE OF THE SECOND DAY OF THE SEVENTH WEEK OF THE 243RD LEGISLATIVE

ASSEMBLY SESSION. FIRST VOTE OF TODAY. PLEASE CAST YOUR BALLOT.

ACTING SPEAKER AUBRY: FIRST VOTE OF THE DAY.

MEMBERS, IF YOU ARE IN YOUR SEATS PLEASE VOTE NOW. IF YOU ARE WITHIN

THE SOUND OF OUR VOICE OR IN THE CHAMBERS, PLEASE COME IN, TAKE YOUR

SEATS AND CAST YOUR VOTE. THANK YOU.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A09520, CALENDAR NO.

409, JOYNER, OTIS. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION

TO THE ESTABLISHMENT OF THE OBSTETRIC HEMORRHAGE PROTOCOLS.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

JOYNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED

THE CLERK: ASSEMBLY NO. A09524, CALENDAR NO.

NYS ASSEMBLY FEBRUARY 25, 2020

410, MCDONALD. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION

TO REQUIRING THAT INFORMATION BE MADE AVAILABLE TO PARENTS REGARDING

WINDOW BLIND SAFETY; AND TO REPEAL CERTAIN PROVISIONS OF SUCH LAW

RELATED THERETO.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

MCDONALD, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO INTERRUPT THE PROCEEDINGS FOR THE

INTRODUCTION OF TWO GUESTS THAT ARE IN THE CHAMBERS. FIRST AND

FOREMOST I WOULD LIKE IF YOU CAN WELCOME AND GIVE THE CORDIALITIES OF

OUR HOUSE TO OUR FORMER COLLEAGUE AND FORMER SENATOR OF NEW YORK

STATE WHO IS NOW THE COUNTY EXECUTIVE OF THE GREAT COUNTY OF

WESTCHESTER, MR. GEORGE LATIMER.

ACTING SPEAKER AUBRY: CERTAINLY. GEORGE,

NYS ASSEMBLY FEBRUARY 25, 2020

WELCOME BACK.

(LAUGHTER)

ON BEHALF OF THE SPEAKER, ALL THE MEMBERS, AS A

MEMBER YOU ARE ALWAYS WELCOME BACK HERE, ALWAYS EXTENDED THE

PRIVILEGES OF THE FLOOR. GOOD TO SEE YOU, AND KEEP DOING THE GREAT JOB

THAT YOU'RE DOING. THANK YOU.

(APPLAUSE)

MRS. PEOPLES-STOKES: MR. SPEAKER, I'D ALSO

LIKE TO AT THIS TIME INTRODUCE TWO STUDENTS WHO ARE IN THE CHAMBERS

WITH US. THEY ARE STUDENTS AT THE HENRY VISCARDI SCHOOL, THE VISCARDI

CENTER, WHICH IS BASED IN NASSAU COUNTY. IT IS THE REGIONAL'S 4201

SCHOOL AND IT CURRENTLY SERVES 170 STUDENTS, KINDERGARTEN THROUGH THE

AGE OF 21, MORE THAN HALF OF WHICH LIVE IN THE GREAT CITY OF NEW YORK.

MR. SPEAKER, THESE STUDENTS ARE AT ONE OF THE BEST AND PREMIER SCHOOLS

IN OUR STATE. IT WAS FOUNDED BY A DR. HENRY VISCARDI, JR. BACK IN 1962.

DR. VISCARDI WHO HIMSELF WORE PROSTHETIC LEGS AND ACTED AS A DISABILITY

ADVISOR TO UNITED -- EIGHT UNITED STATES PRESIDENTS. DR. VISCARDI ALSO

BROKE NEW GROUND BY ESTABLISHING ONE OF THE FIRST ORGANIZATIONS IN THE

WORLD TO BE STAFFED PRIMARILY BY MEN AND WOMEN FROM THE DISABILITY

COMMUNITY.

MR. SPEAKER, IF YOU WOULD WELCOME THESE TWO

STUDENTS WHO ARE WITH US FROM THE VISCARDI CENTER, PAUL NAVARRO, JR.,

AND ANDREW CHERICO. THESE ARE BOTH GUESTS OF MR. TONY D'URSO.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF ASSEMBLYMEMBER D'URSO, THE SPEAKER AND ALL THE MEMBERS, WE

NYS ASSEMBLY FEBRUARY 25, 2020

WELCOME THESE EXTRAORDINARY STUDENTS HERE TO THE NEW YORK STATE

ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR

VISITING WITH US. AND TO THOSE WHO HAVE COME AND TRAVELED WITH THEM,

WE ALSO EXTEND YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR THE

SUPPORT THAT YOU'RE GIVING THIS GREAT INSTITUTION. WE HOPE YOU WILL

CONTINUE TO DO THAT WORK FOREVER AND EVER. AND OBVIOUSLY, MR. D'URSO

IS VERY PROUD, AS WELL AS MR. RA, AS OTHERS, TO STAND WITH YOU AND

SUPPORT YOU ON THIS OCCASION. THANK YOU SO VERY MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES.

QUIET, PLEASE.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE CAN

CONTINUE OUR WORK BY GOING TO THE DEBATE LIST, WE'RE GOING TO START WITH

CALENDAR NO. 197. IT'S ON PAGE 35 AND IT'S BY MR. THIELE. FOLLOWING

THAT WE'LL GO RIGHT TO CALENDAR NO. 152 BY MRS. GUNTHER, AND NUMBER

THREE, WE'LL GO TO MR. ABINANTI AT CALENDAR NO. 355. IN THAT ORDER, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05187, CALENDAR NO.

197, THIELE, COOK, GALEF, JAFFEE, SANTABARBARA, ZEBROWSKI,

MCDONOUGH, ROZIC, L. ROSENTHAL. AN ACT TO AMEND THE GENERAL

BUSINESS LAW, IN RELATION TO ZONE PRICING OF GASOLINE, AND TO AMEND

CHAPTER 579 OF THE LAWS OF 2008, AMENDING THE GENERAL BUSINESS

LAW RELATING TO ZONE PRICING OF GASOLINE, IN RELATION TO ZONE PRICING FOR

RETAIL MOTOR FUEL BASED ON GEOGRAPHIC LOCATION.

NYS ASSEMBLY FEBRUARY 25, 2020

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED. LADIES AND GENTLEMEN, WE ARE ON DEBATE. PLEASE TAKE YOUR

CONVERSATIONS EITHER OUT OF THE CHAMBER OR TAKE YOUR SEATS.

MR. THIELE, AN EXPLANATION HAS BEEN REQUESTED.

MR. THIELE: THANK YOU, MR. SPEAKER. THIS

LEGISLATION DEALS WITH THE SUBJECT OF ZONE PRICING OF GASOLINE. IN 2008

THE LEGISLATURE ADOPTED AND THE GOVERNOR SIGNED A LAW THAT PROHIBITED

ZONE PRICING OF GASOLINE, WHICH GENERALLY MEANS THAT GASOLINE PRICES

COULD NOT BE SET BASED SOLELY ON THE BASIS OF GEOGRAPHY. AND THAT

LEGISLATION -- SUBSEQUENTLY, THE ATTORNEY GENERAL FOUND THAT THE WAY

THE BILL WAS DRAFTED THAT IT REQUIRED MORE SPECIFICITY TO BE ABLE TO BE

ENFORCED, AND THUS, THE ATTORNEY GENERAL'S OFFICE HAS NEVER ENFORCED

THIS LAW. SO THIS BILL REVISES THE DEFINITION OF ZONE PRICING TO MEAN THE

ESTABLISHMENT OF A PRICE DIFFERENCE IS BASED ON GEOGRAPHICAL LOCATION

OF THE RETAIL OUTLET WITHIN THE REGIONAL -- WITHIN THE RELEVANT GEOGRAPHIC

MARKET WITHOUT REGARD TO POSTED TERMINAL PRICE AND ANY ADDITIONAL

COSTS WHERE THE EFFECT IS TO INJURE COMPETITION. IT PROVIDES A DEFINITION

OF ADDITIONAL COSTS, WHICH MEANS ALL REPLACEMENT AND TRANSPORTATION

COSTS AND TAXES INCURRED. AND IT ALSO PROVIDES A DEFINITION OF "RELEVANT

GEOGRAPHIC MARKET" AS THE GEOGRAPHIC AREA WHICH IS SUPPLIED BY THE

SAME TERMINAL OR FACILITY. IT ALSO PROVIDES SOME PROVISIONS WITH REGARD

TO ENFORCEMENT WHICH INCLUDES THE ATTORNEY GENERAL AS WELL AS ANY

COMPETITOR WHO HAPPENS TO BE INJURED UNDER THIS LAW.

ACTING SPEAKER AUBRY: MR. FRIEND.

MR. FRIEND: THANK YOU, MR. SPEAKER. WILL THE

NYS ASSEMBLY FEBRUARY 25, 2020

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. THIELE, WILL YOU

YIELD?

MR. THIELE: I WILL.

ACTING SPEAKER AUBRY: MR. THIELE YIELDS.

MR. FRIEND: THANK YOU, FRED. I APPRECIATE THAT

YOU'VE ALREADY MENTIONED THAT THIS WOULD ALLOW FOR TRANSPORTATION COSTS

AND TAXES. WOULD IT ALSO APPLY IF THAT INDIVIDUAL, LIKE, HAD A GAS CARD

AT THAT LOCATION AND WERE TO RECEIVE A DISCOUNT BY USING THAT GAS CARD?

WOULD THAT STILL --

MR. THIELE: I DON'T THINK THIS LAW WOULD AFFECT THAT

AT ALL.

MR. FRIEND: OKAY.

MR. THIELE: IF YOU HAD A GAS CARD THAT -- THAT

ENTITLED YOU TO A DISCOUNT?

MR. FRIEND: CORRECT.

MR. THIELE: YEAH, THIS WOULDN'T HAVE ANY EFFECT

ON THAT.

MR. FRIEND: AND HOW ABOUT THE SAME THING FOR --

A LOT OF OUR CONVENIENT STORES AND GAS RETAILERS NOW HAVE, LIKE,

MEMBERSHIP POSSIBILITIES. SO IF YOU HAVE A MEMBERSHIP, TYPICALLY,

LIKE, A 10 OR 20 CENT DISCOUNT PER GALLON, WOULD THAT STILL BE ALLOWED?

MR. THIELE: YEAH, THAT -- THIS IS NOT AFFECTED BY

THIS.

MR. FRIEND: OKAY.

NYS ASSEMBLY FEBRUARY 25, 2020

MR. THIELE: THOSE SITUATIONS WOULD NOT BE

AFFECTED BY THIS LAW.

MR. FRIEND: NOW, HOW ABOUT IF AN -- IF AN

INDIVIDUAL CONVENIENCE STORE THAT HAS GAS PUMPS WANTED TO LOWER THEIR

PRICE TO BRING PEOPLE INTO THE CONVENIENCE STORE SO AS A WAY TO BRING

PEOPLE TO THEIR -- TO THEIR MARKET, ESSENTIALLY?

MR. THIELE: YEAH.

MR. FRIEND: WOULD THEY BE ALLOWED TO DO THAT?

MR. THIELE: THE ONLY THING THIS BILL DOES IS THAT

YOU CANNOT SET THAT -- THE PRICE BASED SOLELY ON GEOGRAPHY. YOU CAN'T

-- THAT IS REALLY WHAT THE DEFINITION OF ZONE PRICING IS. SO, IF YOU'RE IN

ONE PORTION OF THE STATE AND BASED NOT ON ANY OF THESE OTHER FACTORS BUT

BASED SOLELY ON GEOGRAPHY, YOU SET A DIFFERENT PRICE HAVING NOTHING TO

DO WITH COSTS OR ANY OTHER OF THESE COMPETITIVE FACTORS THAT YOU'RE

MENTIONING, THAT'S WHAT WE WOULD BE -- WOULD BE OUTLAWED BY THIS

PARTICULAR STATUTE.

MR. FRIEND: OKAY. AND JUST ONE MORE EXAMPLE IN

THAT CASE. WHAT IF YOU WANTED TO PAY A LITTLE BIT HIGHER PRICE IN ORDER TO

GUARANTEE YOUR SUPPLY? SO IN CASE OF AN EMERGENCY, A FLOOD,

SOMETHING LIKE THAT, YOU WOULD BE THE FIRST ONE TO RECEIVE THAT GASOLINE

SHIPMENT COMPARED TO MAYBE OTHER LOCAL STORES.

MR. THIELE: AGAIN, THAT'S NOT A FACTOR RELATED

SOLELY TO GEOGRAPHY, SO I DON'T THINK THERE WOULD BE ANY ISSUE WITH

THAT.

MR. FRIEND: OKAY. I APPRECIATE THOSE ANSWERS,

NYS ASSEMBLY FEBRUARY 25, 2020

FRED.

ON THE BILL, MR. SPEAKER.

MR. THIELE: THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

FRIEND.

MR. FRIEND: AGAIN, I THANK ASSEMBLYMAN THIELE

FOR HIS ANSWERS TO OUR QUESTIONS. I DO, HOWEVER, HAVE SOME MEMOS OF

OPPOSITION FROM VARIOUS ORGANIZATIONS. I'M FIRST GOING TO START WITH AN

OPPOSITION MEMO FROM THE NEW YORK ASSOCIATION OF CONVENIENCE

STORES. AND -- AND THEIR BELIEF -- THEY SAY, THE SPONSOR HAS CLAIMED

THAT OVER THE PAST SEVERAL YEARS, MOTOR FUEL PRICES HAVE GREATLY

FLUCTUATED. IN REALITY, DATA ON THE NYSERDA WEBSITE SHOWS THE NEW

YORK PUMP PRICES HAVE BEEN REMARKABLY STABLE FOR THE PAST FIVE YEARS,

GENERALLY STAYING BETWEEN $2.30 A GALLON AND $2.95 A GALLON AFTER A

FIVE YEARS -- FIVE-YEAR PERIOD OF EXTREME VOLATILITY. THE EXISTING ZONE

PRICING DEFINITION OUTLINES OUR ARBITRARY ESTABLISHMENT OF SUCH PRICE

DIFFERENCES, BUT THE TERM WOULD BE REMOVED UNDER THIS BILL, ELIMINATING

THE FLEXIBILITY OF RETAILERS THE VERY PRICES WITHIN A GIVEN MARKET FOR

LEGITIMATE REASONS. NOT ALL GAS STATIONS AND NOT ALL MARKETS ARE THE

SAME. A MULTI-STORE OPERATOR WITH LOW VOLUME MAY CHARGE MORE FOR

GAS THAN A HIGH VOLUME SITE ACROSS TOWN BECAUSE THAT LOW VOLUME SITE

NEEDS TO MAKE MORE PER GALLON TO COVER THEIR OVERHEAD COSTS. THE

CHAIN MAY PRICE GAS AT A LARGER SITE TO SEE TO TRY TO GET CUSTOMERS ON

THE LOT SO THEY'LL COME INSIDE AND TRY THE SANDWICHES, SOUPS AND COFFEE,

WHILE CHARGING MORE AT A SMALLER SITE WHERE THEY HAVE NO FOOD SERVICE

NYS ASSEMBLY FEBRUARY 25, 2020

OFFERING TO CONTRIBUTE TO THE OVERALL SALES REVENUE. THESE MARKET-

BASED PRICING DECISIONS ARE BASED ON SOUND BUSINESS PRINCIPLES.

GOVERNMENT INTERFERENCE IN SUCH DECISIONS -- DECISIONS IS

UNWARRANTED, ARBITRARILY FORCING ALL FOUR OF THE ABOVE LOCATIONS TO

CHANGE -- TO CHARGE THE SAME PUMP PRICE MAKES NO SENSE. IN FACT, IF

THEY WERE DOING THAT RIGHT NOW IT'D BE ACCUSED OF PRICE FIXING.

REPRESENTING MORE THAN 5,000 NEIGHBORHOOD CONVENIENCE STORES THAT

SELL MOTOR FUEL, THE NEW YORK STATE ASSOCIATION OF CONVENIENCE STORES

RESPECT -- RESPECTFULLY OPPOSES THE PASSAGE OF THIS ANTI-BUSINESS

LEGISLATION.

THEN I HAVE ANOTHER MEMO FROM NFIB, NEW YORK'S

LEADING SMALL BUSINESS ADVOCACY ORGANIZATION, AND THEIR OPPOSITION TO

THIS MEMO. THEY BRING UP THE FACT, THE STUDIES HAVE SHOWN THAT

PROHIBITING ZONE PRICING HAS NEGATIVE CONSEQUENCES FOR BOTH

CONSUMERS AND COMPETITION. A 2007 QUINNIPIAC'S UNIVERSITY STUDY

CONDUCTED -- CONDUCTED IN CONNECTICUT SHOWED THAT A BAN ON ZONE

PRICING WOULD LIKELY RESULT IN HIGHER WHOLESALE PRICES IN MOST REGIONS

OF THE STATE, AND HIGHER RETAIL PRICES IN SOME PARTS OF THE STATE. IF ZONE

PRICING IS BANNED, STATIONS IN HIGHLY COMPETITIVE MARKETS WOULD HAVE

TO FIGHT TO STAY IN BUSINESS WITH OTHER GAS RETAILERS, ESPECIALLY THOSE IN

PROXIMITY TO THE BORDER OF NEIGHBORING STATES WITH LOWER TAX

STRUCTURES.

AND THEN A THIRD MEMO, FROM THE BUSINESS COUNCIL.

THEY BRING UP THE UNIQUE FACT THAT THIS BILL MEMO STATES THAT THIS

LEGISLATION IS NEEDED TO ADDRESS ISSUES ASSOCIATED WITH PRICE GOUGING,

NYS ASSEMBLY FEBRUARY 25, 2020

AND THEY BELIEVE THAT EXISTING LAW SECTION 396(R) OF THE GENERAL

BUSINESS LAW IS ADEQUATE AND APPROPRIATE. IT ADDRESSES PRICE GOUGING

AND GIVES ENFORCEMENT AUTHORITY TO THE STATE'S ATTORNEY GENERAL. IT

ALLOWS FOR INJUNCTIVE RELIEF, CIVIL PENALTIES UP TO $25,000, MAXIMUM

CIVIL PENALTY WAS INCREASED FROM $10,000 JUST A -- A PREVIOUS SESSION

AGO, AS WELL AS COURT-ORDERED RESTITUTION TO AGGRIEVED CUSTOMERS. AND

IT'S THEIR BELIEF THAT IF THIS LAW WERE TO PASS, THAT IT WOULD PROVIDE AN

OPPORTUNITY FOR AN INDIVIDUAL TO BRING LAWSUITS BEFORE INDIVIDUALS AND

THEREBY KEEP THEM OUT OF ACTUALLY PROVIDING A -- A SERVICE TO OUR

COMMUNITIES. THEIR BELIEF IS THAT THIS LAW WOULD BE ANTI-BUSINESS.

AND JUST AS AN EXAMPLE OF ALL THE INCREASED REGULATIONS WHAT THEY'VE

ALREADY DONE TO OUR GAS RETAILERS AND CONVENIENCE STORES ACROSS OUR

STATE, IN 1972 THERE WERE 11,359 RETAIL GAS OUTLETS ACROSS NEW YORK.

TODAY, THERE ARE FEWER THAN 6,000. SO WE'VE ALREADY HAMPERED THE

ABILITY FOR OUR CITIZENS TO HAVE ACCESS TO GAS WITHIN THEIR COMMUNITIES.

WE'VE HAD LESS COMPETITION, AND IT'S THEIR BELIEF AND MY BELIEF THAT THIS

BILL WOULD CONTINUE THAT TREND GOING IN THE WRONG DIRECTION.

AND FOR THOSE REASONS, I URGE A NO VOTE ON THIS BILL.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

FRIEND.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

MR. THIELE: YES.

NYS ASSEMBLY FEBRUARY 25, 2020

ACTING SPEAKER AUBRY: MR. THIELE YIELDS.

MR. GOODELL: THANK YOU, MR. THIELE. AND I

APPRECIATE THE COMMENTS AND YOUR PREVIOUS ANSWERS AND MY

COLLEAGUE'S COMMENTS AS WELL. I JUST WANTED TO MAKE SURE I UNDERSTAND

THIS BILL. THIS BILL IS SEPARATE AND DISTINCT FROM PRICE GOUGING, RIGHT?

SO YOU WOULD --

MR. THIELE: THERE IS A PRICE GOUGING STATUTE IN THE

-- WHICH USUALLY RELATES, AS I RECALL -- THIS IS -- THIS IS SEPARATE FROM

THAT. BUT AS I RECALL, THE PRICE GOUGING STATUTE USUALLY IS IN TIMES OF

EMERGENCY AND WEATHER AND THINGS OF THAT NATURE.

MR. GOODELL: SO THIS BILL WOULD BASICALLY REQUIRE

A WHOLESALER TO CHARGE THE SAME PRICE TO EVERYONE REGARDLESS OF WHERE

THEIR GAS STATION WAS LOCATED. IS THAT CORRECT?

MR. THIELE: IT'S -- YOU KNOW, TO JUST RESTATE IT

AGAIN, YOU -- YOU COULDN'T SET THE -- THE PRICE OF GASOLINE ARBITRARILY JUST

BASED ON GEOGRAPHIC LOCATION.

MR. GOODELL: SO, YOU --

MR. THIELE: IF THERE ARE COSTS THAT ARE TAXES, OTHER

COSTS, REPLACEMENT COSTS, TRANSPORTATION THAT AFFECT THAT, THIS HAS NO

EFFECT ON THAT.

MR. GOODELL: SO IF WE GO BACK TO THE DISTRIBUTOR,

THE WHOLESALER, IF YOU WILL, AT THE TERMINAL, THIS SAYS THE TERMINAL PRICE

HAS TO BE THE SAME FOR EVERYONE WHO'S BUYING FROM THAT TERMINAL?

MR. THIELE: WELL, THE TERMINAL PRICE IS WHAT THE

TERMINAL PRICE IS.

NYS ASSEMBLY FEBRUARY 25, 2020

MR. GOODELL: BUT AS YOU --

MR. THIELE: AT ANY GIVEN POINT IN TIME.

MR. GOODELL: YOU MAY BE AWARE THAT A -- A

REFINERY MIGHT PROVIDE GASOLINE NOT ONLY TO ITS OWN NAMED GAS STATIONS,

BUT TO GAS STATIONS RUN BY THIRD-PARTIES OR MAYBE EVEN UNDER A DIFFERENT

NAME.

MR. THIELE: CORRECT.

MR. GOODELL: SOMETIMES WITH OR WITHOUT SOME

FORMULA CHANGES. ARE YOU SAYING, THEN, THAT AN EXXON-OWNED REFINERY

MUST CHARGE THE SAME FOR EXXON STATIONS THAN IT DOES FOR OTHER

STATIONS?

MR. THIELE: NO, WE'RE NOT REGULATING THE TERMINAL

PRICE HERE. ALL WE'RE SAYING IS THAT WHATEVER THE TERMINAL PRICE IS, IT'S

THE TERMINAL PRICE PLUS THE OTHER FACTORS THAT I MENTIONED, COSTS, TAXES,

REPLACEMENT COSTS, TRANSPORTATION.

MR. GOODELL: SO YOUR POSITION IS THAT THE

TERMINAL PRICING COULD VARY?

MR. THIELE: IT COULD -- CERTAINLY IT COULD VARY.

MR. GOODELL: AND IS THAT ALSO TRUE, THEN, FOR THE

WHOLESALE DISTRIBUTOR?

MR. THIELE: I'M NOT SURE I UNDERSTAND YOUR

QUESTION.

MR. GOODELL: WELL, SOMETIMES THE REFINERY WILL

SELL THE GASOLINE TO A THIRD-PARTY THAT DISTRIBUTES IT TO THEN MULTIPLE GAS

STATIONS. SO DOES THIS APPLY THE PRICE CHARGED BY THE WHOLESALER TO THE

NYS ASSEMBLY FEBRUARY 25, 2020

RETAILER?

MR. THIELE: AS LONG AS THEY'RE NOT SETTING THE PRICE

SOLELY BASED ON GEOGRAPHY. THAT'S ALL THAT THIS LAW DEALS -- THIS

PROPOSED LAW WOULD DEAL WITH.

MR. GOODELL: SO UNDER THIS BILL IT WOULD BE OKAY,

FOR EXAMPLE, FOR A REFINERY TO RAISE THE PRICE ON EVERYBODY OR A

WHOLESALER TO RAISE THE PRICE ON EVERYONE AS LONG AS THEY DIDN'T RAISE

THE PRICE ON JUST SOME PEOPLE BASED ON GEOGRAPHY.

MR. THIELE: ON -- ON -- BASED ON GEOGRAPHY.

MR. GOODELL: SO IF THIS CHANGES THE AMOUNT OF

INCOME COMING TO A WHOLESALER, WON'T THE WHOLESALER NATURALLY

RESPOND THEN BY RAISING THE PRICE TO EVERYBODY? AND HOW DOES THAT

HELP THE CONSUMER?

MR. THIELE: WELL, YOU KNOW, THAT -- THAT ARGUMENT

GETS MADE A LOT, AND I WOULD JUST SAY THAT IF REFINERS AND WHOLESALERS

AND DISTRIBUTORS THOUGHT THAT THEY COULD RAISE THE PRICE AND MAKE MORE

MONEY ON THIS, WE WOULDN'T HAVE ALL THESE MEMOS OF OPPOSITION BASED

ON IT.

MR. GOODELL: WELL, I WILL GIVE A SPECIFIC

EXAMPLE IF IT'S HELPFUL. I HAVE A REFINERY THAT'S LOCATED ABOUT 20 MILES

FROM ME. AND YOU MIGHT THINK THAT THE GAS PRICE RIGHT NEXT TO THE

REFINERY WOULD BE LOWER THAN THE GAS PRICE IN A MAJOR URBAN AREA LIKE

BUFFALO OR ERIE, PENNSYLVANIA. BUT THAT'S NOT THE CASE BECAUSE THE

COMPETITIVE MARKET AUTOMATICALLY ADJUSTS PRICES. AND SO IF YOU BUY

GAS FROM THE REFINERY, RIGHT AT THE REFINERY ITSELF, THE REFINERY IS RIGHT

NYS ASSEMBLY FEBRUARY 25, 2020

THERE, YOU PAY THE SAME PRICE AS YOU WOULD FOR THEIR COMPETITOR'S PRICE

DOWN THE STREET. AND THIS WOULD MAKE THAT ILLEGAL, RIGHT?

MR. THIELE: ARE THEY SETTING THE PRICE --

MR. GOODELL: IN OTHER WORDS, THEY'RE ACTUALLY

CHARGING --

MR. THIELE: -- SOLELY BASED ON GEOGRAPHY.

MR. GOODELL: SO THEY'RE ACTUALLY CHARGING MORE

BECAUSE IT'S CLOSE.

MR. THIELE: SO COMPETITION IS -- THIS -- THIS -- IF

PRICES ARE LOWER IN ANOTHER AREA BECAUSE OF COMPETITION, THIS LAW DOES

NOT AFFECT THAT.

MR. GOODELL: BUT IT --

MR. THIELE: THAT'S BASED ON COMPETITION.

MR. GOODELL: BUT IT DOES.

MR. THIELE: NOT THE -- THE SETTING OF THE WHOLESALE

PRICE SOLELY BASED ON GEOGRAPHY.

MR. GOODELL: WELL, KEEP IN MIND IT DOES AFFECT

IT, AND HERE'S WHY: THE GAS PRICE AT THE REFINERY HAS ZERO TRANSPORTATION

COSTS. BUT THE GAS SOLD AT THE COMPETITORS HAVE SUBSTANTIAL

TRANSPORTATION COSTS. AS A RESULT, THE REFINERY HAS A HIGHER MARKUP ON

ITS OWN GAS BECAUSE IT PAYS NOTHING FOR DISTRIBUTION AND ITS COMPETITION

DOES. THIS WOULD MAKE IT ILLEGAL FOR THAT REFINERY TO CHARGE A HIGHER

THE PRICE AT THE REFINERY, RIGHT? IT WOULD FORCE THEM TO DROP THAT PRICE.

MR. THIELE: WHY ARE THEY CHARGING A HIGHER PRICE?

MR. GOODELL: BECAUSE THE MARKET -- BECAUSE OF

NYS ASSEMBLY FEBRUARY 25, 2020

MARKET COMPETITION.

MR. THIELE: IT'S COMPETITION. IS THAT BASED SOLELY

ON GEOGRAPHY?

MR. GOODELL: YES.

MR. THIELE: NO, IT'S BASED ON THE COMPETITION.

ARE THERE OTHER COMPETITORS IN THE AREA?

MR. GOODELL: MAYBE --

MR. THIELE: IT'S NOT BASED SOLELY ON GEOGRAPHY.

MR. GOODELL: IT IS, AND HERE'S WHY: ALL OF THEIR

COMPETITION HAS TO TRUCK THEIR GASOLINE FROM ANOTHER LOCATION. AND SO

THE COST OF TRUCKING IS ADDED INTO THE COSTS OF THEIR COMPETITION. AND

SO -- AND THIS IS TRUE NOT JUST IN MY DISTRICT BUT IN YOUR DISTRICT AS WELL.

SO WHEN YOU HAVE TWO GAS STATIONS RIGHT NEXT TO EACH OTHER AND THEY'RE

COMPETING WITH EACH OTHER, RIGHT, AND WE HOPE THEY'RE BOTH SUCCESSFUL,

THEY'RE BOTH PAYING THE SAME WHOLESALE PRICE EVEN THOUGH THE ACTUAL

PRICE IS DIFFERENT BECAUSE ONE MAY BE GETTING A LOWER TRANSPORTATION

CHARGE AND THE DEALER CHARGES MORE FOR THE COSTS, IT'S A HIGHER MARKUP.

THE OTHER GETS A -- A DIFFERENT TRANSPORTATION CHARGE. IN OTHER WORDS,

WHAT EACH GAS STATION IS ACTUALLY PAYING THE DISTRIBUTOR IS DIRECTLY

RELATED TO THE GEOGRAPHIC LOCATION BECAUSE OF THE ADDITIONAL

TRANSPORTATION OR LACK OF IT. SO THIS BILL WOULD FORCE SOME PEOPLE TO CUT

THEIR PRICE - WHICH WOULD BE UNFAIR TO THEIR COMPETITION BECAUSE THEY'RE

NEAR A DISTRIBUTION POINT AND GIVE THEM AN UNFAIR COMPETITIVE

ADVANTAGE - AND IN RETURN, THE BUSINESS WOULD RAISE THE PRICES FOR

EVERYONE ELSE TO MAKE UP FOR LOST REVENUE. ISN'T IT BETTER TO RELY ON THE

NYS ASSEMBLY FEBRUARY 25, 2020

COMPETITIVE MARKET TO SET PRICES?

MR. THIELE: WE ARE RELYING. THAT'S EXACTLY THE

POINT.

MR. GOODELL: BUT ISN'T THE WHOLE POINT OF THIS IS

TO ELIMINATE THE COMPETITIVE MARKET PRICING --

MR. THIELE: THIS IS TALKING ABOUT PRICE --

MR. GOODELL: -- AND CONTROLS GOVERNMENT

PRICING.

MR. THIELE: -- FIXING BASED ON GEOGRAPHY, NOT

MARKET FORCES.

MR. GOODELL: WELL, I MEAN GEOGRAPHY IS TAKEN

INTO THE COMPETITIVE MARKET. I MEAN, THE COMPETITIVE MARKET CONSIDERS

GEOGRAPHY, LOCATION, COMPETITION, ALL THOSE THINGS. AND WHAT THIS BILL

DOES IS --

MR. THIELE: WELL, IT SHOULD BE TAKING INTO ACCOUNT

THINGS SUCH AS COSTS, IS WHAT IT SHOULD BE.

MR. GOODELL: NO, THEY TAKE INTO ACCOUNT

COMPETITION. THAT'S THE NATURE OF IT. I MEAN, IF I AM A -- IF I'M A GAS

STATION AND I CAN BUY MY GAS FROM A NEARBY TERMINAL AND YOU'RE MY

COMPETITOR AND YOU BUY IT FROM A FAR AWAY TERMINAL, THE PRICE TO

DELIVER TO YOUR GAS STATION IS GOING TO BE HIGHER, OR MIGHT BE HIGHER

THAN MINE. COMPETITION KEEPS THAT IN CHECK. BUT WE ARE TRYING TO

REPLACE THE COMPETITIVE MARKET WITH GOVERNMENT-IMPOSED PRICE FIXING,

RIGHT?

MR. THIELE: I -- I THINK WE'RE -- THERE'S NO PRICE

NYS ASSEMBLY FEBRUARY 25, 2020

FIXING BY GOVERNMENT HERE. I THINK WE'RE JUST GOING TO DISAGREE AS TO

WHAT CONSTITUTES GEOGRAPHY VERSUS WHAT CONSTITUTES COMPETITION.

MR. GOODELL: ALL RIGHT. AND UNDER THIS BILL, I

THINK MY COLLEAGUE MENTIONED THAT EVEN IF THE PRICE PER GALLON IS

EXACTLY THE SAME DELIVERED TO TWO COMPETING GAS STATIONS, THEY CAN

CHARGE DIFFERENTLY BASED ON THEIR OVERHEAD?

MR. THIELE: IF THE COSTS ARE DIFFERENT, SURE.

MR. GOODELL: THE OVERHEAD OF THE RETAILER ITSELF.

MR. THIELE: THE RETAIL -- OBVIOUSLY, YES.

MR. GOODELL: AND CAN THE WHOLESALER CHARGE

DIFFERENT BASED ON THE DIFFERENCES IN THE WHOLESALE PRICE?

MR. THIELE: IN COSTS, YES.

MR. GOODELL: OKAY. THANK YOU VERY MUCH, MR.

THIELE.

MR. THIELE: THANK YOU.

MR. GOODELL: I APPRECIATE IT.

MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU VERY MUCH, SIR. WE

ALREADY HAVE PROTECTION FROM PRICE GOUGING WHICH OCCURS WHEN THERE'S

A NATURAL DISASTER THAT INTERFERES WITH THE NORMAL MARKET PRICE. THE REST

OF THE -- OUR MARKET, WHETHER IT'S GASOLINE OR GROCERIES OR ANY OTHER

PRODUCT, THAT PRICE THAT WE PAY IS BASED ON THE COMPETITIVE MARKET.

AND EVERYONE WHO WANTS A LARGER SHARE OF THE MARKET TRIES TO LOWER THE

NYS ASSEMBLY FEBRUARY 25, 2020

PRICE AND ENCOURAGE MORE PEOPLE TO COME. AND IT'S THAT COMPETITIVE

PRESSURE THAT KEEPS THE SYSTEM FAIR AND AS INEXPENSIVE AS POSSIBLE AND

AS EFFICIENT AS POSSIBLE. AND SO I WOULD ENCOURAGE MY COLLEAGUES TO

BE EXTREMELY CAREFUL WHEN WE REPLACE THE COMPETITIVE MARKET SYSTEM

THAT HAS SERVED THIS COUNTRY SO WELL FOR OVER 200 YEARS WITH A

GOVERNMENT-REGULATED PRICE THAT APPLIES TO JUST THIS PRODUCT. AND NEXT

IT'LL BE FOOD, AND NEXT IT'LL BE CLOTHES, AND NEXT IT'LL BE THE ECONOMY. LET

THE MARKET WORK. IT IS PROVEN OVER AND OVER TO BE COST-EFFECTIVE OVER

HUNDREDS OF YEARS. IT IS NOT APPROPRIATE FOR US, ABSENT AN UNUSUAL

SITUATION WHERE WE'RE ALREADY PROTECTING, TO REPLACE THE COMPETITIVE

MARKET WITH GOVERNMENT-REGULATED PRICING.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE -- ON

THE 30TH DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. THIELE TO EXPLAIN HIS VOTE.

MR. THIELE: YES, THANK YOU, MR. SPEAKER. I'M --

I'M GOING TO URGE MY COLLEAGUES TO VOTE IN FAVOR OF THIS BILL, AND I WANT

TO POINT OUT ALSO THAT AMONG THE BIGGEST SUPPORTERS OF THIS LEGISLATION

HISTORICALLY HAVE BEEN THE LOCAL GASOLINE RETAILERS THEMSELVES, SUCH AS

IN MY AREA, THE LONG ISLAND GASOLINE RETAILERS ASSOCIATION, LIGRA.

NYS ASSEMBLY FEBRUARY 25, 2020

AND WHY DO THEY SUPPORT THIS BILL? BECAUSE THEY ARE SOMETIMES AT A

COMPETITIVE DISADVANTAGE WITH THE BIG WHOLESALERS, WITH THE BIG OIL

COMPANIES WHO CAN DICTATE THE PRICE TO THEM BASED ON GEOGRAPHY. SO

THIS BILL IS ABOUT FOSTERING COMPETITION, BUT IT'S ALSO ABOUT MAKING SURE

IT'S A LEVEL PLAYING FIELD.

SO, I WOULD URGE MY -- MY COLLEAGUES WHO ARE

INTERESTED IN A -- IN A FAIR PLAYING FIELD AND ALLOWING COMPETITION TO --

TO -- TO DO ITS WORK, TO SUPPORT THIS BILL BECAUSE ALL THIS BILL DOES IS

OUTLAW PRICE FIXING BASED SOLELY ON THE GEOGRAPHIC LOCATION OF THE

PRODUCT.

THANK YOU.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

TO EXPLAIN HER VOTE.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER, FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I WOULD LIKE TO

COMMEND THE SPONSOR OF THIS LEGISLATION. YOU KNOW, I -- I THINK THIS

BILL IS NOT ABOUT STOPPING COMPETITION, THIS BILL IS ABOUT JUST HAVING A

FAIR -- OPPORTUNITIES WITH PEOPLE TO FAIR -- PAY A FAIR PRICE. IF YOU HAVE

A MCDONALD'S IN A SUBURBAN COMMUNITY, YOU DON'T CHARGE MORE FOR A

FISH SANDWICH THAN YOU DO IN AN INNER CITY COMMUNITY. YOU CAN GET

THE FISH SANDWICH WHEREVER -- WHEREVER -- WHATEVER MCDONALD'S YOU

GO TO. BUT IN GAS STATIONS IN MOST INNER CITIES, THE GAS PRICES ARE MUCH

HIGHER THAN THEY ARE IN OTHER COMMUNITIES. AND EVEN IN RURAL

COMMUNITIES THEY TEND TO SOMETIMES BE HIGHER. THAT -- THAT'S UNFAIR

BECAUSE IT -- WHAT ENDS UP IS THAT PEOPLE WHO HAVE THE LEAST END UP

NYS ASSEMBLY FEBRUARY 25, 2020

PAYING THE MOST FOR THE SAME PRODUCT. SO I THINK IF WE CAN MOVE

TOWARDS WHAT MR. THIELE WAS SUGGESTING IN THIS LEGISLATION THAT IT

MIGHT BE FAIRER AND A BETTER OPPORTUNITY FOR PEOPLE WHO HAVE LESS

RESOURCES TO STILL BE ABLE TO DRIVE THEIR AUTOMOBILES WITH QUALITY

PURPOSES THAT THEY CAN MAKE FROM -- FROM GAS STATIONS.

SO, AGAIN, I WANT TO COMMEND THE SPONSOR OF THIS

LEGISLATION AND ENCOURAGE ALL OF MY COLLEAGUES TO SUPPORT THIS AS AN

OPPORTUNITY FOR FAIR PRICING.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 28, CALENDAR NO. 152. THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03705-B, CALENDAR

NO. 152, GUNTHER, WOERNER, SANTABARBARA, LAVINE, TAYLOR,

L. ROSENTHAL, ABINANTI, BRABENEC, D'URSO, NIOU. AN ACT TO AMEND THE

PUBLIC HEALTH LAW, IN RELATION TO THE EMPLOYMENT OF PERSONS TO

FUNCTION AS INFECTION PREVENTIONISTS IN CERTAIN GENERAL HOSPITALS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY FEBRUARY 25, 2020

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 53, CALENDAR NO. 355. THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04398-A, CALENDAR

NO. 355, ABINANTI, D'URSO, L. ROSENTHAL, ORTIZ, GRIFFIN, GOTTFRIED,

THIELE, STECK, FAHY, WEPRIN. AN ACT TO AMEND THE ENVIRONMENTAL

CONSERVATION LAW, IN RELATION TO REQUIRING SUPERMARKETS TO MAKE

EXCESS FOOD AVAILABLE TO QUALIFYING ENTITIES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. ABINANTI.

LADIES AND GENTLEMEN, WE ARE ON DEBATE. PLEASE,

CONVERSATIONS, TAKE THEM TO THE REAR.

PROCEED, MR. ABINANTI.

MR. ABINANTI: THANK YOU, MR. SPEAKER. THIS BILL

AMENDS THE ENVIRONMENTAL CONSERVATION LAW TO ADD A PROVISION

DESIGNED TO INCREASE FOOD DONATIONS BY LARGE SUPERMARKETS AND -- AND

SIMILAR TYPES OF ENTITIES. WE HAVE AN ESTIMATED 50 MILLION AMERICANS,

SOME 2.8 MILLION NEW YORKERS, WHO FACE HUNGER AND FOOD INSECURITY.

THIS IS AN ATTEMPT TO ENCOURAGE FOOD DONATIONS AND GET MORE FOOD OUT

TO THOSE PEOPLE WHO -- WHO NEED IT.

ACTING SPEAKER LIFTON: MR. SALKA.

MR. SALKA: WILL THE SPONSOR YIELD?

MR. ABINANTI: YES, MR. [SIC] SPEAKER.

ACTING SPEAKER LIFTON: THE SPONSOR YIELDS.

MR. SALKA: THANK YOU. DON'T GET ME WRONG, THIS

NYS ASSEMBLY FEBRUARY 25, 2020

LOOKS LIKE A GREAT BILL. AS A MATTER OF FACT, I REMEMBER WHEN I WAS

YOUNG MY MOTHER AND I TAKING THE BUS TO THE LOCAL ARMORY TWICE A

MONTH TO GET SURPLUS GOVERNMENT FOOD, AND THAT'S A LOT OF TIMES HOW

WE GOT A MEAL ON THE -- ON THE TABLE. SO I THINK THIS IS -- IS -- THE INTENT

OF THIS BILL IS VERY GOOD, AND I -- I COMMEND YOU FOR IT. AND I ALSO --

MR. ABINANTI: HOPEFULLY THE SUPERMARKET FOOD

WILL BE BETTER TASTING THAN THE GOVERNMENT FOOD.

MR. SALKA: WELL, THE GOVERNMENT FOOD WASN'T THAT

BAD.

MR. ABINANTI: OKAY.

(LAUGHTER)

MR. SALKA: THE -- THE CHIPPED BEEF ACTUALLY WAS

QUITE GOOD, AND THE CHEESE. BUT, YOU KNOW, I -- I -- I HAVE TO ADMIT, I

-- I FIND IT -- TAKE ISSUE WITH THE FACT THAT WE EVEN HAVE TO HAVE FOOD

PANTRIES IN ONE OF THE WEALTHIEST COUNTRIES IN THE WORLD, AND IT'S

UNFORTUNATE. AND MAYBE WE CAN SPEND A LITTLE BIT MORE ENERGY ON

SOLVING THAT PROBLEM. THERE'S JUST A COUPLE OF THINGS HERE THAT I WANT

TO CLARIFY. ONE IN PARTICULAR IS, I'M THE RANKING MEMBER ON THE FOOD,

FARM AND NUTRITION TASK FORCE. WE WOULD'VE LOVED TO HAVE KNOWN

ABOUT THIS BILL AND HELP YOU WORK ON THIS. BUT MAYBE ON NEXT ONE WE'LL

BE ABLE TO DO SOME -- SOME WORK TOGETHER.

MR. ABINANTI: SURE.

MR. SALKA: JUST -- JUST I -- I NEED TO KNOW, A GOOD

FAITH ARRANGES -- ARRANGEMENT WITH A QUALIFYING ENTITY, WHAT WOULD THAT

-- WHAT WOULD THAT INVOLVE, ANYWAY, GOOD FAITH?

NYS ASSEMBLY FEBRUARY 25, 2020

MR. ABINANTI: WELL, WE HAVE TO START WITH THE

BEGINNING OF THE BILL, WHICH REQUIRES SUPERMARKETS TO RESPOND TO A

REQUEST BY A FOOD PANTRY OR A SOUP KITCHEN. AND THE LANGUAGE THAT

YOU'VE REFERRED TO IS AN -- IS AN ASSISTANCE TO THE SUPERMARKETS TO GIVE

THEM SOME GUIDANCE AS TO WHAT THEIR RESPONSE HAS TO BE. AND WHAT IT

SAYS IS, THAT IF A SUPERMARKET MAKES A GOOD FAITH EFFORT TO SET UP A

RELATIONSHIP WITH ONE OF THESE FOOD PANTRIES THAT ASKS FOR THE FOOD, THEN

THEY'VE COMPLIED WITH THE LAW.

MR. SALKA: SO THIS IS -- THIS IS REALLY A POLICY.

THIS WILL BE A -- SETTING UP A POLICY THAT GUIDES THE -- THE SUPERMARKETS

ON HOW TO GO ABOUT DISTRIBUTING THE FOOD.

MR. ABINANTI: YEAH, IT'S REALLY A FIRST STEP TO

INVOLVE LARGE FOOD STORES IN SOLVING THE HUNGER PROBLEM. WE FIND THAT

A LOT OF THE LARGE SUPER -- SUPERMARKETS AND FOOD STORES ALREADY DO THIS,

AND WE WANT TO ENCOURAGE THE REST TO DO THAT. AND WHAT WE'VE DONE IN

HERE IS WE'VE ALSO RELAXED THE LIABILITY FOR A SUPERMARKET THAT DOES IT.

SO IT'S A REAL ENCOURAGEMENT, BECAUSE WHAT WE'RE SAYING IS THAT NO

LIABILITY FOR FOOD TRANSFERRED IN THE ABSENCE OF GROSS NEGLIGENCE OR

INTENTIONAL MISCONDUCT. SO A SUPERMARKET THAT DOES JOIN IN DOING THIS

GETS A LITTLE BIT MORE PROTECTION. AND WE PUT A LITTLE BIT MORE OF A

BURDEN ON THE FOOD PANTRY AND THE -- AND THE SOUP KITCHEN WHO ARE

ALREADY EXERCISING THAT CARE BECAUSE THEY'RE COLLECTING FOOD FROM

VARIOUS PLACES, SO THEY'RE SKILLED AT LOOKING AT WHAT, YOU KNOW, WHAT'S

THE DATE ON THE CAN, HOW LONG WILL THIS FOOD LAST, ET CETERA.

MR. SALKA: SO THE --

NYS ASSEMBLY FEBRUARY 25, 2020

MR. ABINANTI: WE'RE TRYING REALLY TO ENCOURAGE

SUPERMARKETS TO DO THIS.

MR. SALKA: SO THE ONUS OR RESPONSIBILITY OF THE

LIABILITIES WILL BE ON THE PART OF THE FOOD PANTRY AND NOT THE

SUPERMARKET, NOT THE VENDOR.

MR. ABINANTI: WELL, EXCEPT IN THE CASE OF GROSS

NEGLIGENCE OR INTENTIONAL MISCONDUCT.

MR. SALKA: RIGHT. RIGHT. I ALSO NOTICE THAT THERE'S

NO PENALTIES. THERE'S NO PENALTIES INVOLVED.

MR. ABINANTI: CORRECT. AGAIN, THIS --

MR. SALKA: IS THAT ANOTHER INCENTIVE TO ALLOW THE

-- THE VENDOR OR THE SUPERMARKETS TO BE ABLE TO HAVE A -- A KIND OF A

CLEAR CONSCIENCE JUST IN CASE SOMETHING HAPPENS, OR...

MR. ABINANTI: WELL, YES. BUT IF YOU TAKE A LOOK

AT THE PENALTIES IN THE ENVIRONMENTAL CONSERVATION LAW, THE PENALTIES

THERE TALKING ABOUT THE DISTRIBUTION OF ITEMS SEEM TO APPLY TO OTHER

CIRCUMSTANCES AND REALLY DON'T APPLY IN THIS CIRCUMSTANCE. SO WE

WANTED -- RATHER THAN TRY TO REWRITE THE PENALTIES, WE SAID LET'S JUST TRY

TO RELY ON THE GOOD FAITH OF THE SUPERMARKETS THE FIRST TIME AROUND.

MR. SALKA: HAVE WE EVER CONSIDERED MAYBE

OFFERING THE SUPERMARKETS SOME KIND OF INCENTIVE, SOME KIND OF A

FINANCIAL INCENTIVE? MAYBE A TAX BREAK OR SOMETHING THAT WOULD

ENCOURAGE THEM EVEN MORE? DO THEY -- IS THERE SOMETHING LIKE THAT

NOW?

MR. ABINANTI: WE -- WE WOULD HAVE TO LOOK INTO

NYS ASSEMBLY FEBRUARY 25, 2020

THAT, BUT I WOULD THINK THAT WHEN YOU LOOK AT THE -- THIS IS JUST IS FROM

MY OWN KNOWLEDGE AS A -- AS A LAWYER -- WHEN YOU LOOK AT THE WAY THE

TAX CODE IS CONSTRUCTED, BUSINESS EXPENSES AND LOSSES INCLUDE AN AWFUL

LOT OF THINGS. SO THIS WOULD BE FOOD THAT THEY WOULD OTHERWISE JUST

THROW AWAY, JUST DISPOSE OF, AND SO HERE WE'RE GOING TO BE USING IT TO

HELP PEOPLE WHO ARE -- WHO ARE REALLY IN NEED.

MR. SALKA: THANK YOU. THANK YOU, MR. SPONSOR.

MR. ABINANTI: OKAY.

MR. SALKA: ON THE BILL.

ACTING SPEAKER LIFTON: ON THE BILL.

MR. SALKA: I WANT TO COMMEND THE SPONSOR FOR

THIS BILL BECAUSE WHAT IT DOES ESSENTIALLY IS ALLOWS FOR LOCAL BUSINESSES

TO ADD TO THEIR COMMUNITIES, TO HELP THOSE POOR, THOSE INDIGENT THAT

MIGHT HAVE A HARD TIME PUTTING FOOD ON THE TABLE. SO OTHER THAN JUST A

COUPLE OF THE QUESTIONS I HAD, I WOULD ENCOURAGE MY COLLEAGUES TO

VOTE UP ON THIS BILL. THANK YOU.

ACTING SPEAKER LIFTON: MR. GOODELL.

MR. GOODELL: THANK YOU, MADAM SPEAKER.

WOULD THE SPONSOR YIELD?

ACTING SPEAKER LIFTON: WOULD THE SPONSOR

YIELD?

MR. ABINANTI: YES, MR. [SIC] SPEAKER.

ACTING SPEAKER LIFTON: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MR. ABINANTI. AND I

APPRECIATED YOUR COMMENTS AND RESPONSES TO MR. SALKA.

NYS ASSEMBLY FEBRUARY 25, 2020

MR. ABINANTI: MM-HMM.

MR. GOODELL: I THOUGHT HE HAD GREAT QUESTIONS

AND I THOUGHT YOU HAD GREAT ANSWERS.

MR. ABINANTI: THANK YOU.

MR. GOODELL: I HAD A -- A CONSTITUTIONAL QUESTION.

I KNOW THAT -- THAT MIGHT BE SHOCKING. SO, CLEARLY, GOVERNMENT HAS THE

POWER TO REQUIRE SUPERMARKETS TO GIVE ANY SURPLUS FOOD OVER TO THE

GOVERNMENT ITSELF, CORRECT? I MEAN, WE CERTAINLY COULD DO THAT AS LONG

AS WE WERE WILLING TO PAY FOR IT.

MR. ABINANTI: OKAY.

MR. GOODELL: YOU WOULD AGREE WE'D HAVE TO PAY

FOR IT, THOUGH, IF WE DID THAT.

MR. ABINANTI: CORRECT.

MR. GOODELL: AND -- AND SO IF WE PASS A BILL THAT

REQUIRES A SUPERMARKET TO GIVE THEIR FOOD NOT TO GOVERNMENT BUT TO

SOMEONE THAT GOVERNMENT SELECTS, DON'T WE STILL HAVE TO PAY FOR IT?

MR. ABINANTI: THIS IS MATERIALS THAT WOULD

PROBABLY BE DEEMED TO BE ZERO VALUE BECAUSE THIS -- WE'RE SAVING THE

SUPERMARKET THE COST OF DISPOSING OF THE PRODUCT.

MR. GOODELL: AND I --

MR. ABINANTI: -- AND THROWING IT AWAY, AND IN

EXCHANGE WE'RE LESSENING THE LIABILITY FOR THEM TO FACILITATE THEIR --

THEIR TRANSFERRING IT TO A -- A PLACE THAT COULD USE IT.

MR. GOODELL: SO IF IT HAD A FAIR MARKET VALUE, NET

OF DISPOSAL COSTS, THEN YOU WOULD AGREE THAT WE HAVE A DUE PROCESS

NYS ASSEMBLY FEBRUARY 25, 2020

ISSUE BECAUSE WE'RE BASICALLY PASSING A LAW DIRECTING A SUPERMARKET

THAT OWNS A PRODUCT TO INSTEAD OF SELLING THE PRODUCT TO THE GOVERNMENT

FOR DISTRIBUTION BUT REQUIRE THE SUPERMARKET TO GIVE IT TO A THIRD-PARTY

THAT WE DESIGNATE. IF IT HAS A FAIR MARKET VALUE THERE'S A CONSTITUTIONAL

ISSUE, ISN'T THERE?

MR. ABINANTI: IT'S, FRANKLY, NOT AN ISSUE THAT I'VE

LOOKED AT. BUT IF YOU TAKE A LOOK AT THE BILL ITSELF, WE DO SAY IN HERE

THAT NO SUPERMARKET SHALL BE REQUIRED TO PROVIDE A PARTICULAR QUANTITY.

SO I THINK THAT AVOIDS THE ISSUE THAT YOU'RE RAISING, ALTHOUGH IT IS AN

INTERESTING ISSUE THAT I SUPPOSE WE COULD LOOK AT.

MR. GOODELL: THANK YOU, MR. ABINANTI.

AND, MADAM SPEAKER, ON THE BILL.

ACTING SPEAKER LIFTON: ON THE BILL.

MR. GOODELL: I -- I AM VERY LUCKY THAT MANY OF

THE SUPERMARKETS IN MY AREA VOLUNTARILY CONTRIBUTE TO THE FOOD PANTRY

AND I COMMEND THEM FOR THAT. BUT I'M ALWAYS SENSITIVE ABOUT THE

SITUATION THAT OCCURS WHEN WE, AS GOVERNMENT, REQUIRE SOMEONE WHO

OWNS PROPERTY TO DONATE THAT PROPERTY FOR FREE TO SOME THIRD-PARTY THAT

WE WANT THEM TO DONATE IT TO. BECAUSE OUR CONSTITUTION IS VERY CLEAR

THAT IF GOVERNMENT TAKES YOUR PROPERTY, YOU ARE ENTITLED TO BE PAID THE

FAIR MARKET VALUE. WE CERTAINLY COULD ACCOMPLISH THIS OBJECTIVE BY

GIVING FUNDING IN THE STATE BUDGET FOR FOOD PANTRIES TO BUY SURPLUS

FOOD AT FAIR MARKET VALUE. THAT WOULD BE CONSTITUTIONAL. IT WOULDN'T

INVOLVE TAKING PROPERTY. IT WOULD ACCOMPLISH OUR OBJECTIVES. AS MY

COLLEAGUE MR. ABINANTI CORRECTLY NOTED, THIS BILL IS ALMOST -- WELL, IT

NYS ASSEMBLY FEBRUARY 25, 2020

DOESN'T HAVE ANY ENFORCEMENT MECHANISM, IT DOESN'T HAVE ANY

MINIMUM QUANTITIES, IT DOESN'T HAVE ANY MINIMUM SCHEDULE THAT HAS TO

BE COMPLIED WITH. BUT I AM CONCERNED ABOUT SETTING THE PRECEDENT OF

TAKING OTHER PEOPLE'S PROPERTY AND DISTRIBUTING IT TO THIRD-PARTIES

WITHOUT PAYMENT. THAT'S RIGHT ON THE EDGE OF WHAT'S UNCONSTITUTIONAL

TAKING.

THANK YOU, MADAM SPEAKER, AND AGAIN, THANK YOU,

MR. ABINANTI FOR YOUR COMMENTS AND -- AND THE QUESTIONS FROM MR.

SALKA.

ACTING SPEAKER LIFTON: READ THE -- READ THE

LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER LIFTON: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MADAM

SPEAKER. IF WE CAN CONTINUE OUR WORK WITH CALENDAR NO. 67. IT'S ON

PAGE 15, IT'S BY MR. CRESPO. IMMEDIATELY FOLLOWING THAT WE'LL BE GOING

TO CALENDAR NO. 174. IT'S ON PAGE 31 BY MS. JEAN-PIERRE. IN THAT

ORDER, MR. SPEAKER -- MADAM SPEAKER.

NYS ASSEMBLY FEBRUARY 25, 2020

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01326, CALENDAR NO.

67, CRESPO, DE LA ROSA, CRUZ, RIVERA, ARROYO, SAYEGH, GRIFFIN,

REYES, ORTIZ, FERNANDEZ. AN ACT TO AMEND THE WORKERS' COMPENSATION

LAW, IN RELATION TO COVERED EMPLOYMENT AS A DOMESTIC WORKER FOR

TEMPORARY DISABILITY BENEFITS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. CRESPO.

MR. CRESPO: THANK YOU, MR. SPEAKER. IN 2010,

WE PASSED A DOMESTIC WORKER -- DOMESTIC WORKERS BILL OF RIGHTS

WHICH GRANTED NEW RIGHTS AND PROTECTIONS TO DOMESTIC WORKERS

INCLUDING OVERTIME PAY, A DAY OF REST IN EACH AND EVERY CALENDAR WEEK,

PROTECTIONS AGAINST HARASSMENT UNDER THE NEW YORK STATE HUMAN

RIGHTS LAW, AND EXPANDED ELIGIBILITY FOR TEMPORARY DISABILITY BENEFITS.

HOWEVER, DUE TO A TECHNICAL DEFICIENCY IN THE LEGISLATION, EMPLOYERS OF

DOMESTIC WORKERS ARE NOT LEGALLY REQUIRED TO PROVIDE THE DISABILITY

BENEFITS INSURANCE THAT WE INTENDED FOR SUCH WORKERS. THIS BILL WOULD

CLARIFY THE ORIGINAL INTENT OF THE DOMESTIC WORKER BILL OF RIGHTS BY

PROVIDING THAT PERSONAL AND DOMESTIC EMPLOYEES WORKING IN A PRIVATE

HOME WHO WORK AT LEAST 20 HOURS PER WEEK FOR SUCH EMPLOYER AND

MEET THE DURATION OF EMPLOYMENT STANDARD ARE ELIGIBLE FOR TEMPORARY

DISABILITY BENEFITS UNDER THE LABOR LAW.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

NYS ASSEMBLY FEBRUARY 25, 2020

ACTING SPEAKER AUBRY: MR. CRESPO, WILL YOU

YIELD?

MR. CRESPO: ABSOLUTELY.

ACTING SPEAKER AUBRY: MR. CRESPO YIELDS.

MR. GOODELL: THANK YOU, MR. CRESPO. YOU

MENTIONED THAT THE THRESHOLD WOULD NOW BE 20 HOURS A WEEK AND THE

TIME PERIOD WOULD BE 30 DAYS. AND IF YOU HAD SOMEBODY WHO IS

WORKING THAT WOULD BE, LIKE, FOUR HOURS A DAY FOR A MONTH, THEY WOULD

THEN BE ELIGIBLE FOR TEN WEEKS OF PAID FAMILY LEAVE?

MR. CRESPO: SO JUST TO GIVE YOU THE SUMMARY. AN

-- AN EMPLOYER OF ONE OR MORE PERSONAL OR DOMESTIC EMPLOYEES IN A

PRIVATE HOME WORKING A MINIMUM OF 20 HOURS PER WEEK FOR SUCH

EMPLOYER ON EACH OF 30 DAYS IN ANY CALENDAR YEAR WOULD BECOME A

COVERED EMPLOYER FOR THE PURPOSES OF TEMPORARY DISABILITY INSURANCE AS

OF FOUR WEEKS AFTER THE 30TH DAY OF SUCH EMPLOYMENT.

MR. GOODELL: AND SO I JUST WANT TO MAKE SURE I

MR. CRESPO: I HAD TO READ IT FOR A REASON, ANDY.

MR. GOODELL: DOES THAT THEN, THEREFORE, MEAN

THAT IF SOMEBODY WORKS FOUR HOURS A WEEK FOR 30 DAYS, THEY WOULD

THEN BE ELIGIBLE FOR UP TO 12 WEEKS OF PAID FAMILY LEAVE?

MR. CRESPO: YOU HAVE TO WORK A MINIMUM OF 20

HOURS PER WEEK.

MR. GOODELL: RIGHT. THAT'S FOUR HOURS A DAY,

FIVE DAYS A WEEK FOR 30 DAYS. THEY WOULD THEN BE ELIGIBLE AFTER THE

NYS ASSEMBLY FEBRUARY 25, 2020

END OF THE MONTH FOR 12 WEEKS OF FAMILY LEAVE? PAID FAMILY LEAVE?

MR. CRESPO: NO. THIS IS FOR TEMPORARY DISABILITY

BENEFITS.

MR. GOODELL: BUT TEMPORARY DISABILITY BENEFITS

WOULD ALSO INCLUDE PAID FAMILY LEAVE BENEFITS, RIGHT?

MR. CRESPO: I'M UNDER THE UNDERSTANDING IT MAY

BE IN A SEPARATE SECTION.

MR. GOODELL: WELL, I -- I MEAN, PART OF THE

DISABILITY BENEFITS LAW THAT WE ENACTED A FEW YEARS AGO INCLUDED PAID

FAMILY LEAVE. THAT'S PART OF THE DISABILITY BENEFITS LAW, RIGHT?

MR. CRESPO: YES, BUT I GUESS OUR UNDERSTANDING IS

THAT WE ARE -- THE -- THE 2010 DOMESTIC WORKER BILL OF RIGHTS SPOKE TO

ACCESS OR ELIGIBILITY FOR THE TEMPORARY DISABILITY BENEFITS. SO WE'RE

FOCUSED ON THAT PROGRAM. I AM NOT CLEAR THAT IT WOULD IMPACT THE PAID

FAMILY LEAVE PROGRAM.

MR. GOODELL: SO ARE YOU SUGGESTING THAT ONLY

SOME OF THE TEMPORARY DISABILITY BENEFITS AND NOT ALL OF THEM WOULD BE

AVAILABLE UNDER THIS BILL? BECAUSE IT WAS MY UNDERSTANDING THAT THIS

WOULD PROVIDE ALL THE TEMPORARY DISABILITY BENEFITS FOR SOMEONE WHO

WORKED THAT TIME PERIOD.

MR. CRESPO: VERY HONEST, ANDY, I WOULD HAVE TO

GO BACK AND TAKE A SECOND LOOK. I MEAN, IF -- IF THE ELIGIBILITY

TIMEFRAME WOULD BE THE SAME, THEN I WOULD BE MORE THAN HAPPY TO SEE

THOSE EMPLOYEES HAVE ACCESS TO THE PAID FAMILY LEAVE AS WELL. BUT I

-- AND THE -- THE LIMITATIONS FOR ELIGIBILITY WOULD BE THE SAME, SO...

NYS ASSEMBLY FEBRUARY 25, 2020

MR. GOODELL: THIS ALSO APPLIES WHETHER OR NOT

THE INDIVIDUAL WAS WORKING AS A FAMILY MEMBER, CORRECT?

MR. CRESPO: NO. ACTUALLY, WE HAVE CLEAR

LANGUAGE THAT IF YOU ARE A BLOOD RELATIVE OR THROUGH MARRIAGE OR

ADOPTION YOU ARE NOT CONSIDERED A DOMESTIC WORKER.

MR. GOODELL: IS THERE ANYTHING IN THIS LANGUAGE

THAT EXCLUDES THEM, OR ARE YOU SAYING IT EXCLUDES THEM IN -- IN SOME

OTHER LANGUAGE?

MR. CRESPO: THERE WAS GUIDANCE ISSUED BY -- BY

THE DEPARTMENT OF LABOR FOR THE DOMESTIC WORKER BILL OF RIGHTS, AND

IN IT THERE'S A SPECIFIC REFERENCE TO FAMILY CAREGIVING AND COVERAGE

UNDER THE LAW. AND THE QUESTION AS TO WHETHER A FAMILY MEMBER IS

TAKING CARE OF A LOVED ONE WOULD THEY BE COVERED BY DOMESTIC

WORKERS, AND THE ANSWER IS NO. IF YOU'RE A RELATIVE BY BLOOD, MARRIAGE

OR ADOPTION OF THE PERSON TO WHOM YOU ARE PROVIDING SERVICES, YOU ARE

NOT CONSIDERED A DOMESTIC WORKER COVERED BY THIS LAW.

MR. GOODELL: AND IT'S YOUR BELIEF THAT THAT WOULD

APPLY TO THE NEW LAW, NOT JUST THE OLD LAW?

MR. CRESPO: I'M SORRY, COULD YOU SAY THAT AGAIN?

MR. GOODELL: I MEAN, WE'RE LOOKING AT CHANGING

THE LAW. WOULDN'T THIS NEW LAW CHANGE THAT GUIDANCE, ALSO?

MR. CRESPO: IT -- IT'S NOT A CHANGE TO THE

DEFINITION, SO IT WOULD BE CONSISTENT WITH THE GUIDANCE.

MR. GOODELL: THANK YOU VERY MUCH, MR. CRESPO.

ON THE BILL.

NYS ASSEMBLY FEBRUARY 25, 2020

MR. CRESPO: THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THERE ARE A LOT OF RESIDENTS IN THE

STATE OF NEW YORK THAT RECEIVE PERSONAL CARE. AND IT'S REALLY, REALLY A

VALUABLE SERVICE, PARTICULARLY IF YOU'RE A SENIOR CITIZEN AND YOU NEED A

LITTLE BIT OF HELP WITH LAUNDRY OR CLEANING OR BATHING OR FOOD. AND IT'S

NOT AT ALL UNUSUAL FOR ONE OF OUR SENIOR CITIZENS TO BE RECEIVING, YOU

KNOW, FOUR HOURS A DAY OF PERSONAL CARE. AND THAT'S QUITE COMMON.

WHAT THIS BILL WOULD SAY IS IF YOU ARE A SENIOR CITIZEN AND YOU'RE

GETTING FOUR HOURS OF CARE FROM SOMEONE WHO'S NOT EMPLOYED BY AN

AGENCY, A TRUSTED FRIEND, AFTER JUST ONE MONTH, YOU, THE SENIOR CITIZEN,

HAS TO BUY DISABILITY INSURANCE. AND AS PART OF THAT DISABILITY PROGRAM,

IT'S MY UNDERSTANDING BASED FROM OUR ANALYSIS THAT YOU ARE NOW

OFFERING THAT PERSONAL CARE AIDE PAID FAMILY LEAVE. SO THIS HAS

SUBSTANTIAL RAMIFICATIONS BOTH FROM A FINANCIAL LEVEL, BUT MORE

IMPORTANTLY FROM A PERSONAL LEVEL, WHERE WE ARE GOING TO SAY TO ALL OF

OUR SENIOR CITIZENS WHO ARE RELYING ON PRIVATE PERSONAL CARE SERVICES

THAT AFTER A MONTH THEY'LL BE VIOLATING THE LAW UNLESS THEY BUY DISABILITY

INSURANCE AND INCLUDED WITHIN THAT UP TO NOW TEN WEEKS OF PAID

FAMILY LEAVE. THERE ARE SOME AREAS OF OUR ECONOMY THAT ARE PROBABLY

MUCH BETTER LEFT IN THE PRIVATE SECTOR WITHOUT IMPOSING ALL THESE

RESTRICTIONS, PARTICULARLY WHEN WE'RE DEALING WITH THAT CRITICAL PERSONAL

CARE COMPONENT OF A SENIOR CITIZEN OR AN INDIVIDUAL WHO'S DISABLED.

THANK YOU VERY MUCH, SIR, AND AGAIN, I APPRECIATE THE

NYS ASSEMBLY FEBRUARY 25, 2020

COMMENTS FROM MY COLLEAGUE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. EPSTEIN TO EXPLAIN HIS VOTE.

MR. EPSTEIN: THANK YOU, MR. SPEAKER. I JUST RISE

IN SUPPORT OF THIS BILL. I KNOW BEFORE I GOT INTO THE ASSEMBLY, THE -- SO

MANY DOMESTIC WORKERS ACROSS THIS STATE WERE INSPIRED BY NEW YORK

STATE WHICH TOOK THE FIRST STEP TO REPRESENT -- TO SUPPORT THE DOMESTIC

WORKERS WITH THE DOMESTIC WORKERS BILL OF RIGHTS. THIS IMPORTANT

BILL JUST SUPPORTS DOMESTIC WORKERS ALL OVER STATE -- THE STATE WHO NEED

THIS ADDITIONAL INSURANCE FOR WHATEVER HAPPENS ALONG THE WAY. AND

I'M PROUD THAT ASSEMBLYMEMBER CRESPO INTRODUCED THIS BILL, I'M PROUD

TO SUPPORT THIS.

I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES?

MS. WALSH TO EXPLAIN HER VOTE. I'M SORRY.

MS. WALSH: THANK YOU, MR. SPEAKER. JUST IN THE

NICK OF TIME. I WANTED TO JUST EXPLAIN MY VOTE BECAUSE I DO THINK THAT

THIS -- THIS BILL COMES FROM A REALLY GOOD PLACE, BUT I THINK IT'S

IMPORTANT TO THINK ABOUT THE PRACTICAL APPLICATIONS OF THIS BILL. AND I'M

NYS ASSEMBLY FEBRUARY 25, 2020

JUST GOING TO GIVE YOU ONE QUICK EXAMPLE. MY MOM IS 93 YEARS OLD

AND SHE LIVES IN AN APARTMENT NOT FAR FROM HERE. SHE REQUIRES CARE IN

THE MORNINGS. SHE HAS VERY LITTLE VISION. SHE NEEDS HELP NAVIGATING,

GETTING UP, GETTING SHOWERED, GETTING DRESSED, GETTING READY FOR HER

DAY. SHE NEEDS ABOUT THREE OR FOUR HOURS OF WORK A DAY. THAT HELP IN

THE HOME IS KEEPING HER OUT OF AN ASSISTED LIVING FACILITY OR A NURSING

HOME. AND IT'S REALLY IMPORTANT TO HER THAT SHE HAS THIS CARE, AND IT'S

REALLY IMPORTANT THAT SHE HAS A CONSISTENT PERSON WHO SHE KNOWS AND

TRUSTS TO PROVIDE THAT CARE. SHE DOESN'T WANT TO HAVE TO PICK TWO OR

THREE DIFFERENT PEOPLE TO COME DURING THE WEEK SO THAT SHE DOESN'T HIT

THIS 20 HOUR PER WEEK THRESHOLD WITH ONE PERSON. SO THIS WOULD BE AN

ENORMOUS BURDEN ON INDIVIDUALS LIKE MY MOTHER WHO ARE VERY -- HAVE

REALLY VERY LITTLE INCOME OTHER THAN SOCIAL SECURITY AND A SMALL PENSION

FROM MY DAD. SO, I -- I -- I ENCOURAGE PEOPLE -- I MEAN, I THINK THAT,

LIKE I SAID, THIS IS COMING FROM A GOOD PLACE, BUT WE HAVE TO THINK

ABOUT THE REAL PEOPLE THAT THIS IS GOING TO AFFECT. I THINK IT'S JUST TOO

COSTLY.

SO, FOR THAT REASON I'M IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 31, CALENDAR NO. 174. THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04574, CALENDAR NO.

NYS ASSEMBLY FEBRUARY 25, 2020

174, JEAN-PIERRE, D'URSO, STECK, GOTTFRIED, THIELE, SEAWRIGHT,

MONTESANO, WALKER, VANEL, RA, OTIS, EPSTEIN, REYES. AN ACT TO AMEND

THE PUBLIC SERVICE LAW, IN RELATION TO REQUIRING UTILITY COMPANIES TO

INCLUDE A NOTICE OF PUBLIC HEARINGS CONCERNING RATE INCREASES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. JEAN-PIERRE.

MS. JEAN-PIERRE: YES, OF COURSE. THIS BILL

AMENDS THE PUBLIC SERVICE LAW TO REQUIRE UTILITY COMPANIES TO INCLUDE

ON THEIR UTILITY BILL NOTICE OF ANY AND ALL OF UPCOMING PUBLIC HEARINGS

CONCERNING PROPOSED RATE INCREASES.

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MS. JEAN-PIERRE, WILL

YOU YIELD?

MS. JEAN-PIERRE: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. PALMESANO: THANK YOU, MS. JEAN-PIERRE. I

HAVE A FEW QUESTIONS. I KNOW WE DISCUSSED THIS BILL LAST YEAR. HAS ANY

CHANGE -- THING CHANGED SINCE WE DEBATED THIS BILL LAST YEAR? IS IT THE

SAME LANGUAGE AS BEFORE? HAS ANYTHING CHANGED IN THIS LEGISLATION

SINCE WE PASSED IT LAST YEAR?

MS. JEAN-PIERRE: NO.

MR. PALMESANO: OKAY. RIGHT NOW, AREN'T ALL --

DON'T -- RIGHT NOW, ARE YOU -- THIS BILL JUST AFFECTS OUR UTILITIES, CORRECT?

NYS ASSEMBLY FEBRUARY 25, 2020

MS. JEAN-PIERRE: CORRECT.

MR. PALMESANO: IT DOES -- DOES IT AFFECT LIPA?

MS. JEAN-PIERRE: WELL, UNDER SECTION 2, LIPA IS

CONSIDERED THE LONG ISLAND POWER AUTHORITY, WHICH IS PSEG LONG

ISLAND. SO THAT WOULD -- THAT WOULD APPLY TO THEM, TOO.

MR. PALMESANO: THEY WOULD BE REQUIRED TO

COMPLY WITH THIS AS WELL.

MS. JEAN-PIERRE: CORRECT.

MR. PALMESANO: RIGHT NOW, DON'T ALL UTILITY

CUSTOMERS RECEIVE A BILL INSERT THAT ADVISES OF A -- A FILING OF A RATE CASE

IMMEDIATELY UPON ITS ONSET?

MS. JEAN-PIERRE: I'M SORRY, I CAN'T HEAR YOU.

MR. PALMESANO: RIGHT NOW, DON'T ALL UTILITY

CUSTOMERS RECEIVE A BILL INSERT THAT ADVISES THEM OF THE FILING OF A RATE

CASE IMMEDIATELY AFTER ITS ONSET?

MS. JEAN-PIERRE: THAT WOULD -- THAT MAY BE TRUE,

BUT THIS JUST BASICALLY ALLOWS A -- A METHOD OF TRANSPARENCY, AND IT

ALLOWS FOR IT TO BE ON THE BILL. AND IT MAY BE A COST SAVINGS TO SOME OF

THE UTILITY COMPANIES.

MR. PALMESANO: ALL RIGHT. ALONG THAT LINE, IN

ADDITION TO THAT INSERT THAT'S IN THE BILL, THAT COMES IN THE BILL, ISN'T IT

ALSO FOLLOWED UP BY FOUR CONSECUTIVE WEEKS OF NEWSPAPER PUBLICATIONS

OF THE RATE CASE AS REQUIRED UNDER THE LAW? THAT'S RIGHT -- THAT'S DONE

RIGHT NOW. SO AFTER THE INSERT IS INCLUDED, THEN THERE'S FOUR WEEKS OF

NEWSPAPER ADVERTISEMENTS AND PUBLICATIONS TO GET THE WORD OUT THAT

NYS ASSEMBLY FEBRUARY 25, 2020

THERE'S A -- A RATE CASE, CORRECT?

MS. JEAN-PIERRE: RIGHT. BUT THAT -- THAT -- THAT

INSERT ALSO DOESN'T REQUIRE THAT THEY PUBLISH THE PUBLIC HEARING RATE

INCREASE NOTICE. AND ALSO, A NEWSPAPER -- I MEAN, THIS WAS PROTECTING

OUR SENIORS, OUR SENIOR POPULATION, MY SENIOR POPULATION, YOUR SENIOR

POPULATION, MY CONSTITUENTS, YOUR CONSTITUENTS. SO THIS IS JUST A -- A --

A STEP OF TRANSPARENCY AND A STEP TO ENSURE THAT OUR CONSUMERS KNOW

WHEN THERE'S A PUBLIC HEARING FOR A RATE INCREASE.

MR. PALMESANO: THE -- THE ONE QUESTION THAT I

WANTED TO GET TO, TOO, IS BECAUSE THE LANGUAGE SAYS ANY AND ALL PUBLIC

HEARINGS. AND THE THING IS WITH THE PUBLIC SERVICE COMMISSION

PUBLISHES CALENDAR HEARINGS ON A WEEKLY BASIS. NOW, THESE HEARINGS

COULD BE HEARINGS, PREHEARING CONFERENCES, EVIDENTIARY HEARINGS,

PUBLIC STATEMENT HEARINGS OR TECHNICAL CONFERENCES. ALL THAT MIGHT

HAVE NOTHING TO DO NECESSARILY WITH THE PRICE INCREASE BUT COULD HAVE

REFERENCE TO THAT. SO IF THAT ANY AND ALL HEARINGS HAVE TO BE PUBLICIZED,

ISN'T THAT CREATING MORE BURDENSOME PAPERWORK AND REGULATIONS AND

THINGS THAT AREN'T NEEDED?

MS. JEAN-PIERRE: AND THIS IS -- THIS IS JUST -- THIS

IS -- THIS IS FOR RATE INCREASES, PUBLIC HEARINGS ON THE NOTICES. THESE ARE

LARGE COMPANIES. AND FOR ME, IT'S LIKE, WHO ARE WE PROTECTING? ARE

WE PROTECTING THE CONSUMERS OR ARE WE PROTECTING LARGE COMPANIES?

MR. PALMESANO: WELL, I GUESS THE QUESTION

WHEN YOU TALK ABOUT CONSUMERS, THE MORE YOU REQUIRE UTILITIES TO PRINT

AND PUT PAPERWORK OUT THERE IN ADDITION TO WHAT THEY'RE DOING ALREADY

NYS ASSEMBLY FEBRUARY 25, 2020

THAT COST HAS TO BE BORNE BY SOMEONE, WHICH IS GOING TO BE --

MS. JEAN-PIERRE: IT'S A SIMPLE NOTICE. IT COULD BE

ON -- IT CAN BE ON THE FRONT OF THE BILL. IT DOESN'T HAVE TO BE AN

ADDITIONAL INSERT. IT COULD BE -- THE BILL -- THE LANGUAGE IS NOT TO SAY

THERE NEEDS TO BE AN ADDITIONAL DOCUMENT, IT COULD BE SIMPLY ON THE

FRONT OF THE BILL OR ANYWHERE ON THE BILL. HOWEVER THE COMPANY

DECIDES TO PUT IT. BUT AS LONG AS WE LET OUR CONSUMERS KNOW THAT

THERE'S A PUBLIC HEARING.

MR. PALMESANO: AND I UNDERSTAND THAT. AND

WITH REPEAT -- IN REGARD TO THE RATE CASES, THE DATES, TIMES, LOCATIONS AND

STATEMENT HEARINGS, THEY'RE ALL ESTABLISHED BY THE PSC ADMINISTRATIVE

LAW JUDGE ASSIGNED TO THE CASE, NOT THE UTILITY. CORRECT?

MS. JEAN-PIERRE: RIGHT. CORRECT.

MR. PALMESANO: SO, I GUESS WHERE I'M GETTING

AT, YOU COULD HAVE A SITUATION WHERE BASED ON THE TIMING IT MIGHT MISS

AND THE UTILITY MIGHT NOT HAVE THE ABILITY TO GET THAT OUT TO THE CUSTOMER

BEFOREHAND, EVEN THOUGH THEY'VE BEEN NOTIFYING THEM ALL ALONG, NOW

THEY'RE VIOLATING WHAT THEY'RE REQUIRED TO DO. SO YOU COULD HAVE SOME

PEOPLE GETTING A NOTIFICATION AND SOME OTHERS SIMPLY BECAUSE THE

UTILITY DOESN'T DICTATE THE TIMING OF THOSE HEARINGS. IT'S ALL SET BY THE

PSC ADMINISTRATIVE LAW JUDGE. SO THAT'S GOING TO BE PROBLEMATIC.

WOULDN'T THAT CAUSE SOME PROBLEMS AS FAR AS GETTING THAT NOTIFICATION

OUT THERE?

MS. JEAN-PIERRE: SO THIS IS -- THIS IS BETTER THAN

DOING NOTHING, AND THIS IS AN OPPORTUNITY FOR US TO, WHETHER IT BE THE

NYS ASSEMBLY FEBRUARY 25, 2020

UTILITY COMPANIES OR THE PSC HAVING MORE DIALOGUE WITH UTILITY

COMPANIES TO HAVE THOSE PUBLIC HEARING NOTICES SENT OUT TO THEIR

CONSUMERS. AND I DON'T SEE THIS BEING A (INAUDIBLE) PROBLEM. THIS IS

NOT SAYING THAT A UTILITY COMPANY'S GOING TO GET FINED BECAUSE THEY

DIDN'T GET ENOUGH NOTICE TO GET TO THEIR CONSUMERS IN TIME FOR THEIR --

THEIR PUBLIC HEARING NOTICE.

MR. PALMESANO: AND I KNOW THIS BILL BACK

SEVERAL YEARS AGO WAS -- I KNOW THIS BILL HAS BEEN AROUND FOR A LONG

TIME -- WAS VETOED BY THE PREVIOUS GOVERNOR WHO CITED CONCERNS ABOUT

ADDITIONAL BURDENS AND COSTS AND -- TO THE -- TO THE UTILITY WHICH WOULD

BE BORNE BY THE RATEPAYERS. BUT YOU -- IT IS YOUR POSITION THAT THIS IS

NOT SOMETHING THAT'S GOING TO BE BORNE BY THE RATEPAYER AS FAR AS

DUPLICATION, ADDITIONAL PAPERWORK IF THEY HAVE TO DO THIS NOTIFICATION

FOR ALL THESE HEARINGS? AND EVEN IF IT MENTIONS RATE INCREASE IN THE

HEARINGS, BUT IF IT'S PRE-TRIAL -- IF IT'S -- IF IT'S BEFORE THE PRE-HEARING

CONFERENCES, EVIDENTIARY HEARINGS, THE PUBLIC STATEMENTS, ALL THESE

HEARINGS, BASED ON YOUR LANGUAGE IT SAYS "ANY AND ALL," ALL THESE WOULD

BE -- HAVE TO BE INCLUDED EVEN IF IT HAS ANY MENTION OF RATE INCREASE IN

THERE. SO ALL THOSE WOULD HAVE TO BE ON THE BILL, SEVERAL HEARINGS

BEYOND JUST ONE BILL THAT THERE'S A RATE INCREASE, CORRECT? BECAUSE IT

SAYS "ANY AND ALL."

MS. JEAN-PIERRE: WELL, I LIKE THAT YOU ASKED ME

THE QUESTIONS IN DIFFERENT WAYS, THE SAME QUESTION.

(LAUGHTER)

BUT SO THIS IS JUST A TRANSPARENCY. IT DOESN'T HAVE TO

NYS ASSEMBLY FEBRUARY 25, 2020

BE A -- AN INSERT. IT COULD JUST -- IT'S JUST AN OPPORTUNITY FOR THE UTILITY

COMPANIES TO SHOW THAT THEY'RE TRANSPARENT WITH THEIR CONSUMERS SO

CONSUMERS CAN KNOW WHAT -- WHAT'S AHEAD. IF THERE'S A RATE INCREASE

AND THERE'S A PUBLIC HEARING, PEOPLE SHOULD KNOW. IT SHOULD NOT BE ON

THE BACK OF A -- A PAPER WHERE WE'RE NOT -- NOT REALLY PEOPLE ARE -- HOW

MANY PEOPLE READ PRINT NOW? IT'S ALL ON -- ON YOUR PHONE. SO, I'M SURE

YOU DON'T PICK UP A NEWSPAPER AND READ, AS YOU PROBABLY READ ALL YOUR

NEWS ON YOUR PHONE. SO THIS IS AN OPPORTUNITY FOR IT, WHETHER IT BE IF

YOU GET E -- ELECTRONIC STATEMENTS, IT'S -- IT'S ON THE -- IT'S ON THE -- IT'S

YOUR BILL.

MR. PALMESANO: OKAY. THANK YOU, MS.

JEAN-PIERRE --

MS. JEAN-PIERRE: YOU'RE WELCOME.

MR. PALMESANO: -- FOR YOUR TIME. I APPRECIATE IT.

I HAVE TO -- I HAVE TO SAY, TOO, I ENJOYED YOU MOVING YOUR HANDS LIKE

THAT AS WELL, SO --

(LAUGHTER)

-- BECAUSE I HAPPEN TO DO THAT A LOT AND MY SON PICKS

ON ME ALL THE TIME.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, KINDRED

SPIRIT. GO RIGHT AHEAD.

MR. PALMESANO: I CERTAINLY -- I CERTAINLY

APPRECIATE THE INTENT OF THE SPONSOR. I KNOW HER HEART'S IN THE RIGHT

PLACE WITH THIS LEGISLATION. UNFORTUNATELY, I JUST THINK IT'S SOMETHING

NYS ASSEMBLY FEBRUARY 25, 2020

THAT'S NOT NECESSARY OR NEEDED. I THINK RIGHT NOW OUR UTILITIES PROVIDE

THAT INFORMATION. THEY PUT OUT IN BILL INSERTS, IT'S FOLLOWED BY FOUR

WEEKS OF PUBLICATIONS AND NEWSPAPERS. WHENEVER THERE'S A RATE

INCREASE HEARING GOING ON THERE'S A TREMENDOUS AMOUNT OF PUBLICATION

ABOUT THAT SO PEOPLE CAN SEE, PEOPLE CAN COMMENT ON IT. I THINK, TOO,

WHEN YOU PUT THIS REQUIREMENT ON A UTILITY THERE'S GOING TO BE COSTS

ASSOCIATED WITH IT. DO NOT THINK THERE WON'T BE. ESPECIALLY WHEN

THERE'S TIMES WHEN A -- THE -- THESE HEARINGS ARE NOT EVEN SET BY THE

UTILITY. THEY DON'T EVEN KNOW. IT'S SET BY THE PSC -- PSC

ADMINISTRATIVE LAW JUDGE. SO WHEN THAT HAPPENS, THE UTILITY MIGHT NOT

BE ABLE TO REACT QUICK ENOUGH, SO SOME PEOPLE WOULD GET THE NOTICE,

SOME PEOPLE WOULDN'T. AND IT'S JUST BASICALLY CREATING AN ADDITIONAL

BURDEN. I THINK THERE WILL BE COSTS. AND I KNOW THE -- THE SPONSOR WAS

CONCERNED ABOUT THE -- THE CUSTOMER, THE RATEPAYER, AND SO AM I, SO ARE

WE. AND I THINK WHEN YOU ADD ADDITIONAL COSTS TO A UTILITY, IT'S NOT JUST

THE UTILITY, IT'S THE RATEPAYER IS GOING TO PAY FOR THAT ADDITIONAL COST.

THIS JUST I THINK COMPLICATES THINGS AND IT'S GOING TO MAKE THINGS MORE

DIFFICULT. AND THERE'S ALREADY A PROCESS IN PLACE TO ADDRESS THIS ISSUE.

THERE'S NO -- IT'S NOT NEEDED, AND I THINK IT'S JUST GOING TO END UP TO

BEING HIGHER COST PASSED ONTO THE RATEPAYERS.

SO BASED ON THIS, BASED ON THE DUPLICITY, NOT

NECESSARY -- BEING NECESSARY, I'M GOING TO BE VOTING IN THE NEGATIVE

AND I WOULD ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

NYS ASSEMBLY FEBRUARY 25, 2020

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. LAVINE TO EXPLAIN HIS VOTE.

MR. LAVINE: I CERTAINLY WANT TO COMMEND --

COMMEND THE SPONSOR. THE PLIGHT THAT PEOPLE WHO LIVE NEAR ME IN

NASSAU COUNTY HAVE FACED AS A RESULT OF NEW YORK AMERICAN WATERS'

INORDINATE HIKES IN -- IN -- IN RATES IS DESPICABLE AND DEPLORABLE. AND I

KNOW THAT I'M NOT THE ONLY LONG ISLAND REPRESENTATIVE WHOSE

CONSTITUENTS HAVE THIS SENSE OF CYNICISM AND DISTRUST OF THE ENTIRE PSC

PROCESS. IF THIS COSTS ANYTHING IN ADDITION, THE AMOUNT TO PRODUCE AN

EXTRA NOTICE IS WHAT IS A CALLED IN LAW DI MINIMUS. NEXT TO NOTHING. A

TINY, TINY FRACTION OF A -- OF A -- OF A CENT FOR EACH RATEPAYER. I THINK THE

MORE WE DO TO MAKE SURE THAT OUR CITIZENS ARE FULLY AWARE OF

DEVELOPMENTS IN TERMS OF THEIR UTILITIES REQUESTING INCREASES, THE BETTER

OFF WE WILL ALL BE.

I'M GOING TO BE VOTING IN FAVOR OF THIS, AND I AM FAIRLY

CONFIDENT THAT MY LONG ISLAND COLLEAGUES AND OTHER COLLEAGUES WHO

LIVE IN AREAS IN WHICH THERE HAVE BEEN INORDINATE RATE INCREASES WILL

FIND THE WAY TO VOTE IN FAVOR OF THIS. I'M VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE

AFFIRMATIVE.

MS. JEAN-PIERRE TO EXPLAIN HER VOTE.

NYS ASSEMBLY FEBRUARY 25, 2020

MS. JEAN-PIERRE: THIS BILL IS MORE ABOUT

TRANSPARENCY AND PROTECTING OUR VULNERABLE POPULATION. IT'S ABOUT

CONSUMER ENGAGEMENT. AND I -- I REALLY WANT TO THANK ALL OF MY

COLLEAGUES, AND I HOPE THAT YOU WILL BE VOTING IN THE AFFIRMATIVE TO

PROTECT ALL OF OUR CONSTITUENTS IN NEW YORK STATE.

THANK YOU.

ACTING SPEAKER AUBRY: MS. JEAN-PIERRE IN

AFFIRMATIVE.

MR. MONTESANO.

MR. MONTESANO: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. JUST TO ECHO THE COMMENTS OF THE -- MY COLLEAGUE

FROM NASSAU, HE'S ABSOLUTELY RIGHT. THERE ISN'T ONE MONTH THAT I DON'T

GET A BILL FROM PSE&G OR NATIONAL GRID WITH AN INSERT IN THERE

ADVERTISING ONE OF THEIR PROJECTS, ONE OF THEIR SERVICES. SOMETHING THAT

THEY WANT TO ADVERTISE. SO I DON'T SEE WHY THEY CAN'T INCLUDE IN THE

INSERT WHEN THEIR NEXT MEETING IS FOR -- BEFORE THE PUBLIC SERVICE

COMMISSION OR A PUBLIC HEARING. IN FACT, IT SHOULD EVEN GO A STEP

FURTHER AND HAVE THESE HEARINGS LOCALLY SO PEOPLE DON'T HAVE TO TRAVEL

TO ALBANY AND DISTANT PLACES TO ATTEND THESE HEARINGS. SO I DON'T SEE

WHERE THERE'S ANY KIND OF STRAIN ON ANY KIND OF PUBLIC UTILITY COMPANY

TO KEEP PEOPLE ADVISED OF SOMETHING THAT'S REALLY PERTINENT TO THEM.

SO I'LL BE VOTING IN THE AFFIRMATIVE AND THANKING THE

SPONSOR.

ACTING SPEAKER AUBRY: MR. MONTESANO IN

THE AFFIRMATIVE.

NYS ASSEMBLY FEBRUARY 25, 2020

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU

HAVE ANY FURTHER HOUSEKEEPING AND/OR RESOLUTIONS?

ACTING SPEAKER AUBRY: HOUSEKEEPING.

ON A MOTION BY MS. WRIGHT, PAGE 39, CALENDAR NO.

225, BILL NO. A.5976-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON NUMEROUS FINE RESOLUTIONS, WE WILL TAKE THEM UP

WITH ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 783-790

WERE UNANIMOUSLY ADOPTED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 12:30 P.M., WEDNESDAY,

FEBRUARY THE 26TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 5:14 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL WEDNESDAY, FEBRUARY 26TH AT 12:30 P.M., THAT BEING A

SESSION DAY.)