TUESDAY, JANUARY 25, 2022 2:01 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, JANUARY 24TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
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NYS ASSEMBLY JANUARY 25, 2022
THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY,
JANUARY 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. I CERTAINLY WANT TO WELCOME COLLEAGUES IN AND AROUND THE
CHAMBERS AS WELL AS THOSE THAT ARE IN THEIR OFFICES AND THOSE WHO ARE
REMOTE AS WELL. I AM GOING TO START AGAIN TODAY WITH A QUOTE FROM DR.
KING. I WAS VERY HONORED IN OUR DEBATE FROM YESTERDAY THAT DR. KING
WAS QUOTED SO HIGHLY AND RESPECTFUL OF THAT OPPORTUNITY TO HEAR FROM
HIM AT OTHER TIMES. TODAY'S (INAUDIBLE) WITH US, WHEREAS, SOMEWHERE
ALONG THE WAY WE MUST LEARN THAT THERE IS NOTHING GREATER THAN TO DO
SOMETHING FOR OTHERS. AND THAT, BY AND LARGE, MR. SPEAKER, IS OUR JOB
HERE AS STATE LEGISLATORS, IS TO DO SOMETHING FOR THE MANY NEW YORKERS
ACROSS THE STATE.
SO, MR. SPEAKER AND COLLEAGUES, MEMBERS HAVE ON
THEIR DESK A MAIN CALENDAR. AFTER ANY HOUSEKEEPING WE ARE GOING TO
TAKE UP RESOLUTIONS ON PAGE 3, AND THEN WE'RE GOING TO CONSENT NEW
BILLS STARTING WITH CALENDAR NO. 291 GOING TO -- OH, THAT'S ON PAGE 59.
AND THEN WE'RE GOING TO TAKE UP CALENDAR NO. 11 AND CALENDAR NO.
21 ON CONSENT. FINALLY, WE'LL TAKE UP CHAPTER AMENDMENTS THAT HAD
BEEN PREVIOUSLY LAID ASIDE, BEGINNING WITH RULES REPORT NO. 9 ON PAGE
4. THAT WILL BE ON DEBATE, MR. SPEAKER. THE MAJORITY MEMBERS
SHOULD BE AWARE THAT WE ARE GOING TO HAVE A CONFERENCE IMMEDIATELY
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NYS ASSEMBLY JANUARY 25, 2022
FOLLOWING OUR WORK ON THE FLOOR. AND AS ALWAYS, WE WILL CONCUR WITH
OUR COLLEAGUES ON THE OTHER SIDE TO SEE IF THEY HAVE CONFERENCE NEEDS
AS WELL.
MR. SPEAKER, THAT'S THE GENERAL OUTLINE OF WHERE WE'RE
GOING TODAY. AND IF THERE ARE HOUSEKEEPING, NOW WOULD AN
APPROPRIATE TIME.
ACTING SPEAKER AUBRY: WE DO HAVE SOME
HOUSEKEEPING.
AT THE REQUEST OF MR. GOTTFRIED, CALENDAR NO. 79, BILL
NO. 1538-A IS RECOMMITTED TO THE COMMITTEE ON CODES.
AT THE REQUEST OF MR. GOTTFRIED, CALENDAR NO. 184,
BILL NO. 5685-A IS RECOMMITTED TO THE COMMITTEE ON CODES.
PAGE 3, RESOLUTIONS, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 505, MS. BUTTENSCHON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JANUARY 2022 AS FIREFIGHTER CANCER
PREVENTION MONTH IN THE NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY NO. 506, MS. ROZIC.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM JANUARY 27, 2022 AS HOLOCAUST
REMEMBRANCE -- REMEMBRANCE DAY IN THE NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION,
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NYS ASSEMBLY JANUARY 25, 2022
MS. ROZIC.
I WILL REMIND YOU, WE ARE IN THE -- THE NEW PROTOCOL,
SO ANY RESOLUTION THE LIMIT FOR EVERYBODY IS 30 MINUTES ALL TOLD. WE
CANNOT HAVE IT ON THE FLOOR FOR -- BUT FOR 30 MINUTES. MS. ROZIC. AND
THE TIME STARTS.
MS. ROZIC: THANK YOU, MR. SPEAKER, MADAM
MAJORITY LEADER. THIS THURSDAY, JANUARY 27TH, MARKS THE 77TH
ANNIVERSARY OF THE DAY THAT AUSCHWITZ-BIRKENAU, THE LARGEST NAZI
DEATH CAMP WHERE 1.1 MILLION PEOPLE WHO WERE KILLED, WAS LIBERATED
IN 1945. IN 2005 THIS DATE WAS ESTABLISHED AS INTERNATIONAL HOLOCAUST
REMEMBRANCE DAY. A DAY WHEN WE RECOGNIZE AND REMEMBER THE 6
MILLION JEWS AND MILLIONS OF OTHER MINORITY GROUPS, INCLUDING THE
DISABLED AND MEMBERS OF THE LGBTQ COMMUNITY WHO WERE MURDERED
IN THE HOLOCAUST. EVERY YEAR IN PREPARATION FOR THIS DAY AND THIS
RESOLUTION, I STAND AND REVIEW REMARKS I'VE MADE IN PREVIOUS YEARS.
YEAR AFTER YEAR I LOOK TO FIND SOME THINGS NEW TO SAY. I'VE SPOKEN
ABOUT THE RISE OF ANTI-SEMITISM AND ASK THAT WE TAKE IT SERIOUSLY AS A
LEGISLATIVE BODY. I'VE EXPLAINED THE NEED FOR EDUCATION INITIATIVES AND
COMMUNITY ACTION. I LOOKED FOR SOMETHING THAT HAS CHANGED THAT I CAN
POINT TO TO SHOW THE PROGRESS WE'VE MADE. EXCEPT THE ONLY CHANGE I'VE
SEEN WAS NEW LOCATIONS THAT HAVE BEEN ADDED TO THE LIST OF THOSE WHO
EXPERIENCED ANTI-SEMITIC ATTACKS. FIRST IT WAS CHARLOTTESVILLE AND
PITTSBURGH, THEN IT WAS PAWLING, MUNSEY, JERSEY CITY, AND LESS THAN
TWO WEEKS AGO COLLEYVILLE, TEXAS JOINED THIS UNFORTUNATE LIST THAT NO
STATE, CITY OR TOWN WANTS TO BE ON. ACCORDING TO THE ADL,
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NYS ASSEMBLY JANUARY 25, 2022
ANTI-SEMITIC INCIDENTS CONTINUE. ASSAULTS, HARASSMENT AND VANDALISM
AGAINST JEWS AND OUR INSTITUTIONS REMAINS AT HISTORIC LEVELS. WE NEED
TO GIVE NEW YORKERS TOOLS NEEDED TO COMBAT HOLOCAUST DISTORTION AND
TRIVIALIZATION, RECOGNIZING ITS CONNECTION TO THE ANTI-SEMITISM AFFECTING
JEWISH PEOPLE IN ALL OF OUR COMMUNITIES. DESPITE MY STANDING HERE
YEAR AFTER YEAR AND BEING JOINED BY SO MANY OF MY COLLEAGUES WE'LL
HEAR FROM TODAY, 15 PERCENT OF NEW YORK MILLENNIALS CANNOT NAME A
SINGLE CONCENTRATION CAMP, AND MORE NEW YORKERS THOUGHT JEWS
CAUSED THE HOLOCAUST THAN IN ANY OTHER STATE ACCORDING TO A 50-STATE
STUDY DONE BY THE QUEENS CONFERENCE. ANTI-SEMITISM HAS EXISTED
LONG BEFORE THE HOLOCAUST AND IT DIDN'T END WITH THE LIBERATION OF THE
DEATH CAMPS. IT DIDN'T DISAPPEAR. IT HAS NEW FORMS, AND IT IS THRIVING
IN 2022.
SO HERE I AM, ONCE AGAIN COMPELLED TO ASK, PLEASE
INCLUDE THE JEWISH COMMUNITY IN YOUR ACTIVISM, TEACH FUTURE
GENERATIONS ABOUT THE SAME IN HISTORY AND STAND SIDE-BY-SIDE IN ACTION
AND LEGISLATION SO THAT WE CAN TRULY LIVE UP TO OUR PROMISE OF NEVER
AGAIN.
THANK YOU.
ACTING SPEAKER AUBRY: MR. EICHENSTEIN.
MR. EICHENSTEIN: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO SPEAK ON THIS RESOLUTION. AND I WANT TO THANK THE
SPONSOR FOR BRINGING THIS RESOLUTION TO THE FLOOR. COMMEMORATING
HOLOCAUST REMEMBRANCE DAY IS DIFFICULT AND ESPECIALLY PAINFUL TO ME,
YET IT IS CRUCIAL. IT IS NOT ONLY DIFFICULT BECAUSE MY OWN GRANDPARENTS
5
NYS ASSEMBLY JANUARY 25, 2022
ARE HOLOCAUST SURVIVORS, BUT I HAVE THE HONOR OF REPRESENTING THE
NEIGHBORHOOD WITH THE HIGHEST NUMBER OF HOLOCAUST SURVIVORS
ANYWHERE IN AMERICA. YET, JUST 77 YEARS LATER WE ARE SURROUNDED BY
MILLENNIALS AND GENERATION Z WHO LACK BASIC KNOWLEDGE OF THE
HOLOCAUST. ACCORDING TO A 50-STATE SURVEY LAST YEAR, OVER ONE IN TEN
ADULTS UNDER THE AGE OF TEN CAN NEVER RECALL HEARING THE WORD
"HOLOCAUST." SIXTY-THREE PERCENT OF THOSE SURVEYED DID NOT KNOW THAT
SIX MILLION JEWS WERE MURDERED IN THE HOLOCAUST. THE LACK OF BASIC
KNOWLEDGE OF THE HOLOCAUST WITH OUR YOUNGER GENERATIONS IS APPALLING
AND SHAMEFUL. SEVENTY-SEVEN YEARS AGO ON JANUARY 27, 1945 AS WORLD
WAR II WAS ENDING, THE RUSSIAN ARMY APPROACHED THE AUSCHWITZ
CONCENTRATION CAMP COMPLEX EXPECTING TO LIBERATE ITS PRISONERS
WITHOUT KNOWING WHAT THEY WOULD SEE INSIDE. WHEN THEY GOT THERE
THEY WERE STUNNED. THEY FOUND HUGE PILES OF BODIES ALONG WITH JUST A
FEW THOUSAND SURVIVORS WHO WERE STARVED, EMACIATED, SICK AND DYING.
IT IS ESTIMATED THAT 1.3 MILLION PEOPLE WERE DEPORTED TO AUSCHWITZ.
ONLY ABOUT 7,000 SURVIVED. YOU DON'T HAVE TO BE GOOD AT MATH TO
REALIZE THAT THAT REPRESENTS JUST A TINY FRACTION. IT IS IMPOSSIBLE FOR US
TO COMPREHEND THE DETAILS OF WHAT THE RUSSIAN SOLDIERS REPORTED. THE
MOUNTAINS OF HAIR, TEETH, SHOES, SUITCASES AND BODIES. THE
OVERWHELMING SMELL OF BURNING FLESH. IT'S SIMPLY IMPOSSIBLE FOR US TO
BEGIN TO IMAGINE. SO WHEN WE STAND HERE TODAY ON THE FLOOR OF THE
PEOPLE'S HOUSE COMMEMORATING HOLOCAUST REMEMBRANCE DAY, WE'RE
NOT JUST SIMPLY COMMEMORATING THE PAST, WE ARE CREATING LESSONS IN THE
PRESENT TO UNDERSTAND THE REAL DANGERS OF NOT ADDRESSING
6
NYS ASSEMBLY JANUARY 25, 2022
ANTI-SEMITISM, NOT ADDRESSING HATE - ALL HATE - AND ALLOWING HATE TO
REAR ITS UGLY HEAD.
MAY WE ALWAYS REMEMBER AND NEVER FORGET. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. ROSENTHAL.
MR. ROSENTHAL: THANK YOU TO THE SPONSOR FOR
BRINGING THIS RESOLUTION TO THE FLOOR TODAY, REMEMBERING THE SIX
MILLION JEWS WHO WERE MURDERED DURING THE HOLOCAUST. REMEMBER
ENTIRE COMMUNITIES THAT WERE ERADICATED BY EVIL. REMEMBER THOSE
WHO ESCAPED WITH THEIR LIVES, BUT LITTLE ELSE. WE ARE NOW OVER 75 YEARS
PAST THE LIBERATION OF AUSCHWITZ, BUT UNFORTUNATELY, RECENT HISTORY HAS
SHOWN US THAT THE PAST IS CLOSER THAN WE'D LIKE TO REALIZE. WITH THE
DRASTIC RISE IN ANTI-SEMITIC HATE CRIMES AND HATE CRIMES OVERALL, I
WOULD LIKE TO READ A STATEMENT FROM THE AUSCHWITZ-BERKINEAU
MEMORIAL MUSEUM THAT I BELIEVE IS MORE RELEVANT THAN EVER. WHEN WE
LOOK AT AUSCHWITZ WE SEE THE END OF THE PROCESS. IT'S IMPORTANT TO
REMEMBER THAT THE HOLOCAUST ACTUALLY DID NOT START FROM THE GAS
CHAMBERS. THIS HATRED GRADUALLY DEVELOPED IN WORDS, STEREOTYPES,
PROGRESSED TO LEGAL EXCLUSION, DEHUMANIZATION AND ESCALATING
VIOLENCE. THE HOLOCAUST DID NOT HAPPEN OVERNIGHT. IT STARTED WITH
WORDS THAT FELL ON DEAF EARS. THEN IT BECAME ACTIONS THAT PEOPLE CHOSE
NOT TO SEE. IT GREW IN THE VACUUM OF SILENCE FROM VOICES THAT SIMPLY
DID NOT SPEAK OUT.
IN 2021 ANTI-SEMITIC HATE CRIMES IN NEW YORK CITY
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NYS ASSEMBLY JANUARY 25, 2022
WERE UP OVER 50 PERCENT FROM THE ALREADY RECORD NUMBER WE SAW IN
2020. JUST LAST WEEK, CONGREGANTS AT A SYNAGOGUE IN TEXAS WERE HELD
HOSTAGE DURING SHAVUOUT MORNING PRAYERS. EVEN CLOSER TO HOME IN
BROOKLYN, A JEWISH WOMAN -- SORRY, A WOMAN WENT TO YOUNG JEWISH
CHILDREN AND SAID, HITLER SHOULD HAVE KILLED YOU ALL AND SPAT IN THEIR
FACES. AND AGAIN, EARLIER THIS WEEK A MAN -- A JEWISH MAN WAS ONCE
AGAIN RANDOMLY ASSAULTED ON THE STREETS OF NEW YORK CITY. WE ARE
REMINDED ALL TOO OFTEN THAT ANTI-SEMITISM IS REAL AND CLOSER TO US THAN
WE'D LIKE TO REALIZE. TO TURN A BLIND EYE TO THESE STORIES IS SPITTING ON
THE MEMORIES OF THOSE WE LOST IN THE HOLOCAUST. IT ALLOWS FOR HATE TO
ONCE AGAIN BECOME THE NEW NORMAL. IT IS AN UNIMAGINABLE REALITY THAT
THE JEWISH COMMUNITY IS FACING. WE MUST ALL REMAIN VIGILANT TO MAKE
SURE THAT "NEVER AGAIN" MEANS NEVER AGAIN.
ACTING SPEAKER AUBRY: THANK YOU.
MS. RAJKUMAR.
MS. RAJKUMAR: I'M PLEASED TO RISE IN SUPPORT OF
THIS RESOLUTION. VIOLENT ANTI-SEMITISM REMAINS A THREAT. JUST TEN DAYS
AGO, A GUNMAN HELD JEWISH CONGREGANTS HOSTAGE AT A TEXAS SYNAGOGUE.
IN NEW YORK CITY, ANTI-SEMITIC HATE CRIMES ROSE A SHOCKING 51
PERCENT. NATIONALLY, A MAJORITY OF RELIGION-MOTIVATED HATES CRIMES ARE
AGAINST PEOPLE OF THE JEWISH FAITH. IN THE JANUARY 6TH CAPITOL ATTACK,
AN INSURRECTIONIST SAW THE DEMOCRATIC MAJORITY LEADER OF THE U.S.
SENATE, A FORMER MEMBER OF THIS VERY LEGISLATIVE BODY, AND SHOUTED
AN ANTI-SEMITIC SLUR. I WOULD LIKE TO POSIT THAT IT IS THE RESPONSIBILITY
OF EVERYONE ACROSS THE POLITICAL SPECTRUM, NO MATTER YOUR IDEOLOGY, TO
8
NYS ASSEMBLY JANUARY 25, 2022
COMBAT ALL SUGGESTIONS OF ANTI-SEMITISM, AND WE NEED TO DO A BETTER
JOB. WE CANNOT BE INDIFFERENT. AS ELIE WIESEL ONCE SAID, THE
OPPOSITE OF LOVE IS NOT HATE, IT IS INDIFFERENCE. THE OPPOSITE OF LIFE IS
NOT DEATH, IT IS INDIFFERENCE. WHEN ONE GROUP IS SCAPEGOATED AND
TARGETED, ANY GROUP COULD BE NEXT. HATE CRIMES AGAINST
MUSLIN-AMERICANS ARE UP 350 PERCENT IN NEW YORK CITY. HATE CRIMES
AGAINST ASIAN-AMERICANS ROSE BY MORE THAN ANY OTHER GROUP LAST YEAR.
IF WE ALLOW ANTI-SEMITISM TO CONTINUE, ANY ONE OF US COULD BE NEXT.
A BELOVED 15-YEAR-OLD GIRL NAMED ANNE FRANK JUST
BEFORE SHE WAS SENT TO HER DEATH IN A NAZI CONCENTRATION CAMP
FAMOUSLY WROTE IN HER DIARY THESE WORDS. SHE WROTE, IN SPITE OF
EVERYTHING, I STILL BELIEVE THAT PEOPLE ARE REALLY GOOD AT HEART. LET'S
PROVE HER RIGHT.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. AS -- AS
HAS BEEN APTLY DESCRIBED BY MY COLLEAGUES, THE HOLOCAUST WAS A
HORRIFIC, HORRIFIC BLIGHT ON HUMAN HISTORY. AND NO WORDS CAN
ADEQUATELY EXPRESS THE REPULSION THAT ALL OF US FEEL TOWARD THAT ATROCITY.
AND I AM DEEPLY MOVED BY THE COMMENTS OF MY COLLEAGUES. BUT I
ALSO THINK IT'S IMPORTANT TO RECOGNIZE THAT DURING THAT MOST DIFFICULT
PERIOD, THERE WERE ALSO PEOPLE WITHIN GERMANY AND THE OCCUPIED LANDS
THAT RISKED THEIR LIVES TO PROTECT JEWS AND OTHERS FROM PERSECUTION,
KNOWING FULL WELL THAT THEY WOULD FACE THE EXACT SAME FATE IF THEY
9
NYS ASSEMBLY JANUARY 25, 2022
WERE CAUGHT. AND AFTER THE WAR WHEN SO MANY AMERICANS WERE
HURTING AND WERE IN SHOCK AND DISBELIEF OVER THE ATROCITIES OF THE NAZI
REGIME, AMERICA TOOK THE LEAD IN AN INCREDIBLE STATEMENT ABOUT JUSTICE
WHEN IT ACCORDED THE LEADERSHIP OF THE NAZI REGIME A TRIAL. AND RATHER
THAN FOLLOW THEIR EXAMPLE OF A FIRING SQUAD OR A GAS CHAMBER, AMERICA
SENT A MESSAGE TO THE WORLD THAT WE BELIEVE IN DUE PROCESS. AND BACK
THEN THAT WAS NOT AN EASY STATEMENT TO MAKE, EVEN IN AMERICA.
BECAUSE SO MANY AMERICANS HAD LOST THEIR SONS OR THEIR FATHERS OR THEIR
BROTHERS OR OTHER RELATIVES IN THE WAR EFFORT. AND JUSTICE JACKSON, WHO
WAS A SUPREME COURT JUDGE WITH A LIFETIME APPOINTMENT RESIGNED FROM
THE U.S. SUPREME COURT TO LEAD UP THE PROSECUTION IN NUREMBERG. SO
WHAT'S THAT MEAN TO US TODAY? WE NEED TO LOOK BACK AT THE LESSONS
THAT WERE LEARNED. AS MY COLLEAGUE SO APTLY POINTED OUT, THE
HOLOCAUST DIDN'T START AT THE DEATH CAMPS, IT STARTED YEARS BEFORE WITH
INDIFFERENCE. AND SO AS WE PASS THIS RESOLUTION IT'S IMPORTANT FOR US TO
RECOMMIT TO THE BEST ASPECTS OF HUMAN NATURE, STANDING UP FOR OUR
COLLEAGUES. STANDING UP FOR THOSE WHO ARE DIFFERENT THAN US. STANDING
UP FOR THE RIGHTS OF MINORITIES. INSISTING ON JUSTICE, INSISTING ON DUE
PROCESS AND RESISTING ALL OF THE HORRIFIC BASED HUMAN CHARACTERISTICS
THAT LED TO THIS ABSOLUTELY DESPICABLE AND HORRIFIC HOLOCAUST.
SO I AM PROUD TO SUPPORT THIS RESOLUTION. I'M PROUD OF
MY COLLEAGUES WHO HAVE SPOKEN UP AND OTHERS WHO WILL VOTE FOR THIS.
AND I HOPE THAT ALL OF US RECOMMIT OURSELVES TO THE IMPORTANCE OF
STANDING UP FOR WHAT IS JUST AND RIGHT. THANK YOU, SPEAKER.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
10
NYS ASSEMBLY JANUARY 25, 2022
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED. THE RESOLUTION IS
ADOPTED.
PAGE 59, CALENDAR NO. 291, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00266, CALENDAR NO.
291, PAULIN, MITAYNES. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN
RELATION TO PROVIDING NOTICE OF CERTAIN SCAMS WHEN SELLING GIFT CARDS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ASSEMBLY PRINT 266. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(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. A00599, CALENDAR NO.
292, CAHILL, JACOBSON. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION
TO PERSONAL AND COMMERCIAL LINES INSURANCE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A03276, CALENDAR NO.
293, GUNTHER, JACKSON, LAVINE, JACOBSON. AN ACT TO AMEND THE
INSURANCE LAW, IN RELATION TO PROHIBITING THE APPLICATION OF FAIL-FIRST OR
STEP THERAPY PROTOCOLS TO COVERAGE FOR THE DIAGNOSIS AND TREATMENT OF
11
NYS ASSEMBLY JANUARY 25, 2022
MENTAL HEALTH CONDITIONS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04908, CALENDAR NO.
294, SOLAGES. AN ACT TO ESTABLISH A TASK FORCE TO IDENTIFY EVIDENCE-
BASED AND EVIDENCE-INFORMED SOLUTIONS TO REDUCE CHILDREN'S EXPOSURE
TO ADVERSE CHILDHOOD EXPERIENCE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07363, CALENDAR NO.
295, GOTTFRIED, DINOWITZ, STECK, FAHY, MCDONALD, REYES, HEVESI,
BRAUNSTEIN, L. ROSENTHAL, MAMDANI, SEAWRIGHT, SIMON, WOERNER,
CRUZ, BURGOS, GALEF, GONZÁLEZ-ROJAS, EPSTEIN, SOLAGES, BICHOTTE
HERMELYN, O'DONNELL, MITAYNES, BURDICK, FORREST. AN ACT TO AMEND
THE CIVIL PRACTICE LAW AND RULES, IN RELATION TO PROTECTING PATIENTS
FROM CERTAIN PENALTIES DUE TO MONEY JUDGMENTS ARISING FROM ACTIONS
BROUGHT BY HOSPITALS OR HEALTH CARE PROFESSIONALS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A08272-A, CALENDAR
NO. 296, WOERNER, JONES, GALEF, THIELE, SIMON, ABINANTI, MAGNARELLI,
L. ROSENTHAL, BARRETT, GRIFFIN, MCDONALD, ENGLEBRIGHT, GOTTFRIED,
GLICK, STIRPE, BRONSON, ROZIC, DINOWITZ, STECK, KELLES, O'DONNELL,
LAWLER, SMITH, LUNSFORD, GUNTHER, JACOBSON, OTIS. AN ACT TO AMEND
THE GENERAL CITY LAW, THE GENERAL MUNICIPAL LAW, THE PUBLIC
AUTHORITIES LAW, THE REAL PROPERTY LAW, THE TOWN LAW AND THE
VILLAGE LAW, IN RELATION TO REPLACING ALL INSTANCES OF THE WORDS
"COUNCILMAN" OR "COUNCILMEN" WITH THE WORDS "COUNCIL MEMBER" OR
12
NYS ASSEMBLY JANUARY 25, 2022
"COUNCIL MEMBERS."
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 8272-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. WOULD YOU
PLEASE RECORD MR. FITZPATRICK AS A NO ON THIS BILL? THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08486, CALENDAR NO.
297, ABINANTI, HEVESI, STIRPE, FAHY, MCDONALD, CUSICK, THIELE,
ZEBROWSKI, PAULIN. AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN
RELATION TO DUE PROCESS PROCEDURES FOR PERSONS WHO WILL BECOME
ELIGIBLE TO RECEIVE TRANSITIONAL CARE OR CERTAIN CARE AT A FUTURE DATE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
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NYS ASSEMBLY JANUARY 25, 2022
THE VOTE ON ASSEMBLY PRINT 8486. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(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. A08690, CALENDAR NO.
298, CRUZ. AN ACT TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO
THE AUTISM DETECTION AND EDUCATION PROGRAM AND MAPPING OF AUTISM
LOCATIONS; AND TO AMEND A CHAPTER OF THE LAWS OF 2021 AMENDING THE
MENTAL HYGIENE LAW RELATING TO THE AUTISM DETECTION AND EDUCATION
PROGRAM AND MAPPING OF AUTISM LOCATIONS, AS PROPOSED IN LEGISLATIVE
BILLS NUMBERS S.2911 AND A.1953, IN RELATION TO THE EFFECTIVENESS
THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 8690. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MR. SPEAKER. THIS -- THIS
14
NYS ASSEMBLY JANUARY 25, 2022
IS A GREAT BILL. THIS BILL -- THE REASON WHY WE'VE GOT A CHAPTER
AMENDMENT IS THAT THE GOVERNOR STATED THAT SHE WAS CONCERNED ABOUT
THE EXPANSE OF MANDATES AND UNFUNDED MANDATES WITHIN THE EXISTING
BOARD WHO COULD INCORPORATE THE PROGRAM RESPONSIBILITIES INTO THEIR
OWN. SO IT -- IT CLAWS BACK SOME OF THE -- THE ORIGINAL, LIKE, BREADTH OF
THE BILL. SO, AUTISM MAPPING, WHICH IS REALLY IS IMPORTANT, NOW WITH
THIS BILL WILL BE THE ONLY MAPPING BASED ON PREVIOUSLY MAPPED
LOCATIONS OF AUTISM OCCURRENCE. I WOULD JUST SAY THAT THIS IS A REALLY
IMPORTANT ISSUE. EVERY SINGLE YEAR WE HEAR ON THE NEWS THAT THERE ARE
A GREATER AND GREATER INCIDENCE OF REPORTED AUTISM IN NEW YORK STATE,
AROUND THE COUNTRY. AND I THINK IT'S REALLY IMPORTANT TO UNDERSTAND
WHERE THE HOTSPOTS FOR AUTISM ARE, IF THAT'S REALLY TRULY A THING. AND TO
-- TO MAP -- WE NEED TO MAP IN ORDER TO DO THAT. SO IF THERE'S NOT
ENOUGH FUNDING IN ORDER TO JUSTIFY IT RIGHT NOW, I'M ASKING THAT AS WE'RE
DEVELOPING THIS YEAR'S BUDGET THAT THE -- THE GOVERNOR SERIOUSLY LOOK AT
THAT. WE NEED TO PUT APPROPRIATE RESOURCES IN UNDERSTANDING WHERE
AUTISM IS, AND THEN WE CAN BEST KNOW HOW TO ADDRESS IT.
SO, I OF COURSE WILL BE SUPPORTING THIS BILL AND I -- I
ENCOURAGE MY COLLEAGUES TO DO THE SAME AS WE DID ON -- ON THE
ORIGINAL BILL. BUT I JUST THINK THAT WE NEED TO PUT SIGNIFICANT FINANCIAL
RESOURCES BEHIND THIS VERY IMPORTANT ISSUE. THANK YOU.
ACTING SPEAKER AUBRY: MS. WALSH IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
15
NYS ASSEMBLY JANUARY 25, 2022
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08693, CALENDAR NO.
299, BRONSON. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE CONTROL LAW,
IN RELATION TO PROVIDING FOR ALTERNATIVE PENALTIES FOR A FIRST-TIME
VIOLATION OF CERTAIN PROVISIONS OF THE ALCOHOLIC BEVERAGE CONTROL
LAW.
ACTING SPEAKER AUBRY: ON A MOTION -- NO.
EXCUSE ME.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 45TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 8693. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(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. A08695, CALENDAR NO.
300, WOERNER. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE CONTROL LAW,
IN RELATION TO LICENSE APPLICATIONS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WOERNER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
16
NYS ASSEMBLY JANUARY 25, 2022
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7707. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(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. A08697, CALENDAR NO.
301, PEOPLES-STOKES. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION
TO PRESCRIPTION DRUG FORMULARY CHANGES DURING A PLAN YEAR; TO AMEND A
CHAPTER OF THE LAWS OF 2021 AMENDING THE INSURANCE LAW AND THE
PUBLIC HEALTH LAW RELATING TO PRESCRIPTION DRUG FORMULARY CHANGES
DURING A CONTRACT YEAR, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS
S.4111 AND A.4668, IN RELATION TO THE EFFECTIVENESS THEREOF; AND TO
REPEAL SECTION 4909 OF THE INSURANCE LAW AND SECTION 4909 OF THE
PUBLIC HEALTH LAW RELATING THERETO.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
PEOPLES-STOKES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON JANUARY
17
NYS ASSEMBLY JANUARY 25, 2022
1ST, 2023.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7767. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(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. A08698, CALENDAR NO.
302, HUNTER. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO
PROVIDING FOR A POLICY TERM OF LESS THAN ONE YEAR IN CERTAIN SITUATIONS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 8698. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(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. A08699, CALENDAR NO.
303, DICKENS. AN ACT TO AMEND THE ALCOHOLIC BEVERAGE LAW CONTROL
18
NYS ASSEMBLY JANUARY 25, 2022
LAW, IN RELATION TO THE ISSUANCE OF TEMPORARY RETAIL PERMITS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
DICKENS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7784. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER, FOR THE
OPPORTUNITY TO EXPLAIN MY VOTE. THIS TEMPORARY LICENSE, GRANTING IT
WITHOUT CONCERN FOR THE 500-FOOT RULE WHICH WOULD LIMIT OR REQUIRE A
HEARING IF THERE ARE MORE THAN THREE LICENSED PREMISES WITHIN 500 FEET,
IN MY DISTRICT, THIS -- THE ELIMINATION OF THAT PROHIBITION OR REQUIREMENT
AND ALLOWING THESE TO GO FORWARD WITHOUT ANY REVIEW IS ACTUALLY VERY
DETRIMENTAL TO MY COMMUNITY. AND SO I WILL BE VOTING IN THE NEGATIVE
AND WISH THAT THIS PIECE OF LEGISLATION WAS NOT BEFORE US.
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
I'M SORRY. I'M SORRY.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. ON THIS BILL
19
NYS ASSEMBLY JANUARY 25, 2022
WOULD YOU PLEASE RECORD MR. MONTESANO IN THE NEGATIVE?
THANK YOU.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE --
ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08706, CALENDAR NO.
304, JEAN-PIERRE. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO
THE ISSUANCE OF DIPLOMAS TO YOUTH WHO ARE PLACED, COMMITTED,
SUPERVISED, DETAINED OR CONFINED IN CERTAIN FACILITIES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 8706. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(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. A08707, CALENDAR NO.
305, FAHY. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2021 RELATING TO
PERMITTING THE USE OF MUNICIPAL SPACE FOR OUTDOOR DINING, AS PROPOSED
IN LEGISLATIVE BILLS NUMBERS S.6353-A AND A.7733, IN RELATION TO
20
NYS ASSEMBLY JANUARY 25, 2022
PERMITTING THE USE OF CONTIGUOUS AND NON-CONTIGUOUS MUNICIPAL PUBLIC
SPACE BY CERTAIN LICENSEES UNDER THE ALCOHOLIC BEVERAGE CONTROL LAW.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
FAHY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7826. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR THE MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(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. A08710, CALENDAR NO.
306, GUNTHER. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2021 RELATING
TO THE PROVISION OF RECORDS UPON THE RECEIPT OF A COMPLAINT OF AN
INCIDENT OF ABUSE OR NEGLECT OF AN INDIVIDUAL WITH A DISABILITY, AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS A.7731 AND S.7024, IN RELATION TO
THE PROVISION OF SUCH RECORDS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 8710. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
21
NYS ASSEMBLY JANUARY 25, 2022
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER EICHENSTEIN: ANNOUNCE THE
RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08711, CALENDAR NO.
307, GUNTHER. AN ACT TO REPEAL ARTICLE 6-B OF THE COUNTY LAW; AND IN
RELATION TO A 9-8-8 SUICIDE PREVENTION AND MENTAL HEALTH CRISIS HOTLINE
SYSTEM.
ACTING SPEAKER EICHENSTEIN: ON A MOTION
BY MS. GUNTHER, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON SENATE PRINT 7850. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(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. A08714, CALENDAR NO.
22
NYS ASSEMBLY JANUARY 25, 2022
308, BURKE. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO
THE HIRING OF SECURITY GUARDS BY PUBLIC SPORTS VENUES WITH A CAPACITY OF
AT LEAST 60,000 PEOPLE LOCATED IN THE COUNTY OF ERIE; AND TO AMEND A
CHAPTER OF THE LAWS OF 2021 AMENDING THE GENERAL BUSINESS LAW
RELATING TO THE APPLICABILITY OF THE SECURITY GUARD ACT OF 1992 TO
FACILITIES OWNED BY A PUBLIC SPORTS VENUE, AS PROPOSED IN LEGISLATIVE
BILLS NUMBERS S.7142-A AND A.7960-A, IN RELATION TO THE EFFECTIVENESS
THEREOF.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL -- THE CLERK WILL RECORD THE VOTE ON ASSEMBLY PRINT 8714. THIS IS
A FAST ROLL CALL. ANY MEMBER WHO WISHES TO BE RECORDED IN THE
NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. ON THIS BILL
WOULD YOU PLEASE RECORD MR. MONTESANO IN THE NEGATIVE?
ACTING SPEAKER EICHENSTEIN: SO NOTED.
MS. WALSH: THANK YOU.
ACTING SPEAKER EICHENSTEIN: ARE THERE ANY
OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
23
NYS ASSEMBLY JANUARY 25, 2022
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A08764, CALENDAR NO.
309, L. ROSENTHAL. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2021
DIRECTING THE URBAN DEVELOPMENT CORPORATION TO CONDUCT A STUDY
REGARDING THE ASSISTANCE NEEDED TO ENCOURAGE WOMEN AND MINORITIES TO
PURSUE TECHNOLOGY CAREERS IN SCIENCE, TECHNOLOGY, ENGINEERING AND
MATHEMATICS (STEM), AS PROPOSED IN LEGISLATIVE BILLS NUMBERS
S.531-B AND A.530-B, IN RELATION TO THE FREQUENCY OF UPDATES TO THE
REPORT ON SUCH STUDY.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 8764. THIS IS A FAST ROLL CALL.
ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 9, CALENDAR NO. 11, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00217, CALENDAR NO.
11, PAULIN, GOTTFRIED, GALEF, DICKENS, COLTON, COOK, EPSTEIN,
SEAWRIGHT, TAYLOR, WOERNER, MCDONOUGH, JEAN-PIERRE, FERNANDEZ,
24
NYS ASSEMBLY JANUARY 25, 2022
WALKER, HYNDMAN, BUTTENSCHON, JACOBSON, GRIFFIN, ASHBY, SIMON,
OTIS, SAYEGH, GONZÁLEZ-ROJAS, JACKSON, RAJKUMAR. AN ACT TO AMEND
THE PUBLIC HEALTH LAW, IN RELATION TO INFORMING MATERNITY PATIENTS
ABOUT THE RISKS ASSOCIATED WITH CESAREAN SECTION.
ACTING SPEAKER EICHENSTEIN: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER EICHENSTEIN: THE CLERK
WILL RECORD THE VOTE ON ASSEMBLY PRINT 217. THIS IS A FAST ROLL CALL.
ANY MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 11, CALENDAR NO. 21, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00299-B, CALENDAR
NO. 21, GOTTFRIED. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO INCLUDING APPLIED BEHAVIORAL ANALYSIS UNDER STANDARD
COVERAGE FOR MEDICAID RECIPIENTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
25
NYS ASSEMBLY JANUARY 25, 2022
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 299-B. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 4, RULES REPORT NO. 9, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08700, RULES REPORT
NO. 9, DINOWITZ, VANEL. AN ACT TO AMEND THE PENAL LAW, IN RELATION TO
THE CRIME OF FALSIFYING COVID-19 VACCINATION RECORDS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 8700. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. FOR THE REASONS I
WILL EXPLAIN IN A MOMENT, THE REPUBLICAN CONFERENCE IS GENERALLY
OPPOSED TO THIS LEGISLATION. HOWEVER, THOSE WHO WOULD LIKE TO SUPPORT
26
NYS ASSEMBLY JANUARY 25, 2022
IT ARE ENCOURAGED TO CALL THE LEADER'S OFFICE SO THAT WE CAN PROPERLY
RECORD THEIR VOTE.
MS. SOLAGES: MR. SPEAKER, I WOULD LIKE TO REMIND
MY COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE
RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS I ASK MAJORITY
MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER
PREVIOUSLY PROVIDED AND I WILL ANNOUNCE THEIR NAME ACCORDINGLY.
ACTING SPEAKER AUBRY: THANK YOU SO MUCH,
MAJORITY LEADER.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. THIS LEGISLATION
ADDS NEW CRIMINAL SANCTIONS FOR ANY CHANGES OR FALSIFICATION OF A
COVID-19 VACCINATION CARD. IT TAKES LEGISLATION THAT WAS PASSED LAST
YEAR AND EXPANDS IT SLIGHTLY. WE EXTENSIVELY DEBATED THIS AND VOTED
ON IT LAST YEAR ON JUNE 3RD AND WE HAD 43 NO VOTES. THE BILL WAS
AMENDED AND NARROWED SOMEWHAT, AND ON JUNE 10TH THERE WERE AGAIN
43 NO VOTES. THIS LEGISLATION DOESN'T ADDRESS ANY OF THE CONCERNS THAT
WERE RAISED IN THE PREVIOUS DEBATE, BUT RATHER ACTUALLY EXPANDS THE
SCOPE OF THE PREVIOUS BILLS THAT HAD 43 NO VOTES. OUR CONCERN ON THIS
BILL AND ITS PREVIOUS VERSIONS IS THAT THE CRIMINAL FORGERY LAW ALREADY
APPLIES. THERE'S NO NEED FOR SPECIAL LEGISLATION. WE SHOULD TREAT THIS
TYPE OF FORGERY THE SAME AS WE TREAT ANY OTHER FORGERY.
AND FOR THAT REASON I WILL BE OPPOSING IT AND
RECOMMEND THAT MY COLLEAGUES LIKEWISE OPPOSE IT. THANK YOU, SIR.
27
NYS ASSEMBLY JANUARY 25, 2022
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
RECORD MY COLLEAGUE MR. MORINELLO IN THE AFFIRMATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 4, RULES REPORT NO. 11, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08708, RULES REPORT
NO. 11, BRONSON. AN ACT TO AMEND THE WORKERS' COMPENSATION LAW,
IN RELATION TO CLAIMS FOR ATTORNEY'S FEES; AND TO AMEND A CHAPTER OF THE
LAWS OF 2021 AMENDING THE WORKERS' COMPENSATION LAW RELATING TO
ATTORNEY'S FEES, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.946-B AND
A.1034-B, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THIS IS A PARTY VOTE.
THE CLERK WILL RECORD THE VOTE ON ASSEMBLY PRINT 8706 [SIC]. THIS IS A
PARTY VOTE. ANY MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION
TO THEIR CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR
MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
28
NYS ASSEMBLY JANUARY 25, 2022
MR. GOODELL: THANK YOU, MR. SPEAKER. THE
REPUBLICAN CONFERENCE WILL BE GENERALLY IN THE NEGATIVE ON THIS FOR
THE REASONS THAT I WILL EXPLAIN SHORTLY.
ACTING SPEAKER AUBRY: CERTAINLY.
MS. SOLAGES.
MS. SOLAGES: I WOULD LIKE TO REMIND MY
COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE
RECORDED IN THE AFFIRMATIVE. IF THERE IS ANY EXCEPTIONS I ASK MAJORITY
MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER
PREVIOUSLY PROVIDED AND I WILL ANNOUNCE YOUR NAME ACCORDINGLY.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. LAST YEAR WE HAD A
BILL THAT CHANGED THE WAY LAWYERS WERE PAID IN WORKERS' COMP CASES,
AND THAT WAS EXTENSIVELY DEBATED AND THERE WERE AT LEAST 40 NO VOTES
LAST YEAR. AND THE REASON THERE WERE A LOT OF NO VOTES LAST YEAR IS
BECAUSE IT CHANGED THE METHODOLOGY FROM ONE WHERE THE WORKERS'
COMPENSATION BOARD WOULD REVIEW THE TIME AND EFFORT AND COMPLEXITY
OF THE CASE AND THE HOURS SPENT IN DETERMINING A FAIR AND REASONABLE
WAGE. AND THEY TOOK THAT PROCESS IN THE PRIOR LEGISLATION AND CHANGED
IT SO THAT LAWYERS EARN A FLAT CONTINGENCY FEE. AND SO YOU -- IF YOU ARE
A LAWYER THAT ADVERTISED WIDELY AND WERE LUCKY ENOUGH TO GET A SIMPLE
WORKERS' COMP CASE, WITH VERY LITTLE EFFORT YOU COULD EARN A VERY
HANDSOME FEE, WHICH IS ONE REASON WHY WE NOW SEE A LOT OF LAWYERS
29
NYS ASSEMBLY JANUARY 25, 2022
ADVERTISING ON TELEVISION AS "YOUR WORKERS' COMP ATTORNEY." AND OF
COURSE THE MORE YOU PAY YOUR LAWYER, THE LESS THE CLAIMANT GETS TO PUT
IN THEIR OWN POCKET TO COMPENSATE THEM FOR THE VERY INJURIES THAT THEY
SUSTAINED. AND THIS CHAPTER AMENDMENT DOES TWO THINGS: FIRST, IT SAYS
THAT THE FORM FOR THE ATTORNEYS FEES, THE FORM PRESCRIBED BY THE BOARD
SHALL NOT REQUIRE A DESCRIPTION OF THE SERVICES RENDERED OR TIME RECORDS.
SO BY STATUTE, WE BAR THE WORKERS' COMP BOARD FROM EVEN ASKING HOW
MUCH TIME AND EFFORT AN ATTORNEY PUT IN ON A CASE BEFORE AWARDING A
FEE, WHICH TAKES A BAD SITUATION AND MAKES IT WORSE. NOW, IN FAIRNESS,
THERE IS SOME POSITIVE ASPECTS TO THIS BECAUSE THIS BILL ALSO AMENDS IT TO
MAKE IT CLEAR THAT FUTURE MEDICAL AWARDS ARE NOT INCLUDED IN THE
CALCULATION OF THE FEE. BUT OVERALL, BECAUSE I THINK IT TAKES A BAD BILL
AND EMPHASIZES HOW BAD IT IS, I WOULD RECOMMEND IT -- RECOMMEND
AGAINST IT TO MY COLLEAGUES.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUES MR. BRABENEC AND MR. SCHMITT IN THE AFFIRMATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. ALSO PLEASE ADD
MR. MICHAEL LAWLER AS AN AFFIRMATIVE VOTE ON THIS BILL.
THANK YOU, SIR.
30
NYS ASSEMBLY JANUARY 25, 2022
ACTING SPEAKER AUBRY: THANK YOU.
MS. SOLAGES.
MS. SOLAGES: MR. SPEAKER, CAN YOU PLEASE ADD
MS. BUTTENSCHON IN THE NEGATIVE?
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 4, RULES REPORT NO. 14, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A08718, RULES REPORT
NO. 14, ENGLEBRIGHT, COLTON. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO PROVIDING THAT 100 PERCENT OF IN-STATE
SALES OF NEW PASSENGER CARS AND TRUCKS SHALL BE ZERO EMISSIONS BY
2035.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ENGLEBRIGHT, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD?
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL
YOU YIELD, SIR?
MR. ENGLEBRIGHT: I YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
31
NYS ASSEMBLY JANUARY 25, 2022
MR. GOODELL: THANK YOU, MR. ENGLEBRIGHT. I
THINK THIS IS THE FIRST TIME WE'VE HAD AN OPPORTUNITY TO TALK THIS YEAR.
MR. ENGLEBRIGHT: HAPPY NEW YEAR.
MR. GOODELL: LIKEWISE. SO, AS I UNDERSTAND THIS
BILL, ONE OF THE THINGS IT DOES IS IT REQUIRES ALL NEW OFF-ROAD VEHICLES
AND EQUIPMENT PURCHASED AFTER 2035 TO BE ZERO EMISSION IF FEASIBLE.
MR. ENGLEBRIGHT: IT DOESN'T REQUIRE IT, IT'S AN
ASPIRATION, HOWEVER. IT'S A GOAL.
MR. GOODELL: I SEE. SO IT'S NON-BINDING?
MR. ENGLEBRIGHT: IT IS NOT BINDING.
MR. GOODELL: I SEE. AND JUST SO WE KNOW WHAT
THIS GOAL MEANS, OFF-ROAD VEHICLES AND EQUIPMENT, THAT WOULD INCLUDE
ALL FARM EQUIPMENT?
MR. ENGLEBRIGHT: THERE'S NO DELINEATION OF
HOW A PIECE OF EQUIPMENT IS UTILIZED AT THAT LEVEL OF SPECIFICITY IN THE
LANGUAGE OF THE LAW. BUT WHAT WE'RE TALKING ABOUT HERE, THOUGH, IS NOT
THE LANGUAGE OF THE LAW, WE'RE TALKING ABOUT AN AMENDMENT WHICH
BASICALLY ACTUALLY PROVIDES, I THINK, FOR A GREATER LEVEL OF INPUT FROM
PEOPLE WHO MIGHT BE CONFUSED.
MR. GOODELL: BUT THE AMENDMENT DOES NOT RELATE
TO ITS REFERENCE TO OFF-ROAD VEHICLES AND EQUIPMENT. IN FACT, THAT'S
SPECIFICALLY WHAT THE AMENDMENT REFERS TO, CORRECT?
MR. ENGLEBRIGHT: THE AMENDMENT ACTUALLY
ONLY CLARIFIES THAT IT IS FOR NEW, NOT USED VEHICLES.
MR. GOODELL: AND SO CAN YOU DEFINE FOR US
32
NYS ASSEMBLY JANUARY 25, 2022
WHAT'S MEANT BY OFF-ROAD VEHICLES AND EQUIPMENT?
MR. ENGLEBRIGHT: BASICALLY IT MIMICS
CALIFORNIA, AND IT IS, AGAIN, AN ASPIRATION FOR VEHICLES THAT ARE DESIGNED
PRIMARILY FOR RECREATIONAL USE OR FOR EMERGENCY RESPONDERS' USE TO GO
OFF OF PAVED ROADS.
MR. GOODELL: I SEE. OF COURSE THE REFERENCE TO
OFF-ROAD EQUIPMENT IN CALIFORNIA, THEY'VE TAKEN THE STEP OF BANNING
LAWN MOWERS AND WEEDWACKERS AND LEAF BLOWERS; AM I CORRECT?
MR. ENGLEBRIGHT: I DON'T BELIEVE THAT THAT HAS
RELEVANCE HERE.
MR. GOODELL: OKAY. SO THIS IS ISN'T REALLY
REFERRING TO CALIFORNIA'S APPROACH AS IT RELATES TO OFF-ROAD EQUIPMENT?
MR. ENGLEBRIGHT: IT -- IT IS AN ECHO OF
CALIFORNIA'S OVERALL INTENT, BUT OUR INTENT IS THE ONE THAT REALLY MATTERS
HERE. AND THE INTENTION HERE IN NEW YORK IS TO ENCOURAGE VARIOUS
MANUFACTURERS TO WORK WITH THE RELEVANT STATE AGENCIES TOWARD ZERO-
EMISSIONS VEHICLES.
MR. GOODELL: AND WHEN YOU REFER TO ZERO
EMISSION --
MR. ENGLEBRIGHT: AND NOW IS THE TIME TO DO
THAT.
MR. GOODELL: AND WHEN YOU REFER TO ZERO
EMISSION, WOULD THAT EXCLUDE VEHICLES, FOR EXAMPLE, THAT USE
HYDROGEN? BECAUSE, OF COURSE, THEY DO EMIT WATER VAPOR. I MEAN,
THAT'S A BY-PRODUCT OF BURNING HYDROGEN AND OXYGEN. ARE THEY WITHIN
33
NYS ASSEMBLY JANUARY 25, 2022
THE SCOPE OF ZERO EMISSIONS, OR -- (INAUDIBLE/CROSS-TALK)
MR. ENGLEBRIGHT: IT COULD BE. THERE'S NO -- NO
LIMIT THAT WOULD EXCLUDE HYDROGEN.
MR. GOODELL: I SEE. SO --
MR. ENGLEBRIGHT: YEAH.
MR. GOODELL: BUT IT WOULD EXCLUDE NATURAL GAS-
POWERED VEHICLES; AM I CORRECT?
MR. ENGLEBRIGHT: IT WOULD HOPEFULLY BRING US
TO A POINT WHERE WE WOULD NO LONGER BE USING COMBUSTION OF
HYDROCARBONS, YES.
MR. GOODELL: AND WOULD THAT BE IRRESPECTIVE OF
THE POLLUTION CONTROL EQUIPMENT THAT'S ATTACHED TO THE EQUIPMENT? IN
OTHER WORDS, COULD YOU HAVE A NATURAL GAS OR A COMPRESSED GAS VEHICLE
WITH POLLUTION CONTROL EQUIPMENT?
MR. ENGLEBRIGHT: THERE -- AGAIN, THERE IS A --
AN ASPIRATION HERE TO MOVE TOWARD ZERO EMISSION. THERE MAY BE
INNOVATIONS THAT RESULT FROM THIS, AND THAT'S PART OF THE GOAL, QUITE
FRANKLY, OF THE UNDERLYING LAW WHICH IS TO ENCOURAGE CREATIVE
RESPONSES IN THE FIELD OF INVENTION. SO WE MAY SEE SOMETHING THAT
MAKES USE OF SOME OF THESE TECHNOLOGIES THAT ARE ALREADY
IMPLEMENTED, AS WELL AS SOME TECHNOLOGY THAT WE HAVEN'T SEEN YET.
THERE'S NO LIMIT, THOUGH, SO IT'S POSSIBLE.
MR. GOODELL: I SEE. AND WHEN WE TALK ABOUT
REQUIRING ALL OFF-ROAD VEHICLES AND EQUIPMENT TO BE ZERO EMISSION BY
2035 IF FEASIBLE, CAN YOU GIVE US AN IDEA OF WHAT'S MEANT BY "IF
34
NYS ASSEMBLY JANUARY 25, 2022
FEASIBLE"? AND THE REASON I ASK IS, AS YOU KNOW, THE GOVERNOR'S
BUDGET PROPOSAL WOULD REQUIRE ALL SCHOOL DISTRICTS TO BUY
ZERO-EMISSION SCHOOL BUSES. THAT'S PART OF HER BUDGET PROPOSAL. EVEN
THOUGH THOSE SCHOOL BUSES TYPICALLY COST TWO TO THREE TIMES MORE
MONEY THAN A CURRENT SCHOOL BUS.
MR. ENGLEBRIGHT: THAT'S VERY INTERESTING BUT IT'S
NOT RELEVANT. AND I WOULD AGAIN REINFORCE THAT THE USE OF THE WORD
"REQUIREMENT" IS NOT APPROPRIATE HERE. THIS IS NOT A REQUIREMENT IN
LAW. THERE MAY BE OTHER ACTIONS THAT GOVERNMENT IS CONTEMPLATING
THAT ARE BEING PROPOSED IN A BUDGET THAT HASN'T HAPPENED YET. WHAT
THIS IS IS A SIMPLE BUDGET AMENDMENT, WHICH IS NOT A REQUIREMENT IN
THE UNDERLYING LAW, BUT INSTEAD, A GOAL. AND I HOPE THAT WE CAN
ACHIEVE THAT GOAL. AND THIS UNDERLYING LAW AS WELL AS THE AMENDMENT
PROVIDES FOR A MECHANISM FOR THAT. I THINK THE MOST IMPORTANT THING TO
BE AWARE OF IS THAT THE AMENDMENT WOULD SHIFT THE PRIMARY
RESPONSIBILITY FROM THE DEC TO NYSERDA. NYSERDA IS MORE
SKILLED, LET'S SAY, AND PRACTICED IN MARKETING. AND SO THE GOAL HERE IS
TO WORK WITH THE MANUFACTURERS AND TO STIMULATE INVENTIVENESS, AS
WE'VE ALREADY DISCUSSED, AND TO TAKE ADVANTAGE OF THE 13 TO 23 YEARS
THAT IS OUTLINED HERE AND A TIME IN WHICH WE HOPE THAT THESE GOALS CAN
BE ACHIEVED.
MR. GOODELL: BUT AT LEAST -- I'M GOING BACK TO
MY QUESTION -- BUT AT LEAST AS FAR AS THIS LANGUAGE IS CONCERNED, THERE IS
A CAVEAT WORD, "FEASIBLE." WE KNOW THE GOVERNOR THINKS THAT A SCHOOL
BUS THAT COSTS THREE TIMES MORE THAN A CURRENT SCHOOL BUS IS FEASIBLE.
35
NYS ASSEMBLY JANUARY 25, 2022
IS IT YOUR EXPECTATION OR YOUR GOAL THAT FEASIBLE MIGHT MEAN MULTIPLE
TIMES MORE EXPENSIVE?
MR. ENGLEBRIGHT: I'M NOT GOING TO COMMENT ON
A BUDGET THAT I HAVEN'T HAD A CHANCE TO FULLY READ YET. THE PAPER IS STILL
HOT FROM THE PRINTING PRESS AS WE SPEAK HERE TODAY, AND THAT'S NOT
WHAT'S BEFORE US TODAY.
MR. GOODELL: INDEED. I LOOK FORWARD TO SOMEONE
WHO HAS ACTUALLY READ THE FULL THOUSAND-PLUS PAGES.
(LAUGHTER)
MR. ENGLEBRIGHT: I CERTAINLY APPRECIATE YOUR
QUESTION BUT IT'S -- IT'S NOT RELEVANT TO THE -- THE MATTER THAT'S BEFORE US.
MR. GOODELL: THANK YOU VERY MUCH, MR.
ENGLEBRIGHT. I APPRECIATE YOUR COMMENTS.
MR. ENGLEBRIGHT: YOU'RE WELCOME.
MR. GOODELL: ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: OUR AGRICULTURAL INDUSTRY IS FACING
A SEVERE STRESS FOR MANY REASONS. JUST LIKE EVERYONE ELSE, THEY'RE
SUBJECT TO THE HIGH RATES OF INFLATION. BUT UNLIKE OTHER PRODUCERS THEY
SIMPLY CAN'T PASS THE COST ALONG. WHAT THEY RECEIVE FOR MILK OR FOR
THEIR PRODUCE IS OFTEN SET BY REGIONAL OR NATIONAL MARKETS THAT ARE
OUTSIDE THEIR CONTROL. AND SO OF COURSE TO BE A SUCCESSFUL FARMER OR IN
THE AGRICULTURAL MARKET IT'S ESSENTIAL THAT YOU HAVE OFF-ROAD EQUIPMENT.
THAT'S HOW YOU RUN THE FARM. IT'S ALL DESIGNED FOR OFF-ROAD, AND
36
NYS ASSEMBLY JANUARY 25, 2022
SOMETIMES THEY'RE MASSIVE. JUST MASSIVE COMBINES OR TRACTORS OR OTHER
FARM EQUIPMENT. AND IT'S ALWAYS INTERESTING WHEN WE TALK ABOUT
WHAT'S FEASIBLE BECAUSE THAT IS A VERY SUBJECTIVE TERM. IF YOU'RE THE ONE
THAT HAS TO BUY IT, FEASIBLE MEANS THE LOWEST POSSIBLE COST THAT IS
CONSISTENT WITH YOUR BUDGET. BUT IF YOU'RE SOMEONE ELSE WHO IS NOT
BUYING IT WHO HAS SOME OTHER MISSION OTHER THAN FARMING OR OTHER THAN
KEEPING YOU IN BUSINESS, FEASIBLE MIGHT MEAN REQUIRING YOU TO BUY A
PIECE OF EQUIPMENT THAT'S TWO TO THREE TIMES MORE EXPENSIVE THAN A
CONVENTIONAL PIECE OF EQUIPMENT. AND WE SEE THAT IN THE GOVERNOR'S
BUDGET BECAUSE OBVIOUSLY SHE THINKS BUYING SCHOOL BUSES THAT COST
THREE TIMES MORE THAN A REGULAR SCHOOL BUS IS PRESUMABLY SOMETHING
THAT'S FEASIBLE. SO NOT SURPRISINGLY, ALL OF THOSE WHO RELY ON OFF-ROAD
VEHICLES AND EQUIPMENT ARE DEEPLY CONCERNED ABOUT THIS LANGUAGE,
ESPECIALLY AS THEY WRESTLE WITH POTENTIAL INCREASES IN OVERTIME COSTS,
THE EFFECTS OF COVID AND THE GENERAL INCREASES THAT THEY HAVE TO FACE
IN MAINTAINING THEIR OPERATIONS.
FOR THAT AND OTHER REASONS, WE HAD 40 NO VOTES ON THE
ORIGINAL BILL. AND WHILE I APPRECIATE THAT THESE CHAPTER AMENDMENTS
CLARIFY THAT WE'RE APPLYING IT ONLY TO NEW VEHICLES, I THINK THE ORIGINAL
CONCERNS ARE STILL WELL-FOUNDED AND NEED TO BE CLARIFIED BEFORE WE VOTE
IN FAVOR OF THIS TYPE OF APPROACH. FOR THAT REASON I'M RECOMMENDING
AGAINST IT TO MY COLLEAGUES.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. SMULLEN.
37
NYS ASSEMBLY JANUARY 25, 2022
MR. SMULLEN: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL
YOU YIELD?
MR. ENGLEBRIGHT: YES, MR. SPEAKER, I YIELD.
MR. SMULLEN: WELL, THANK YOU VERY MUCH, MR.
ENGLEBRIGHT. I WANTED TO CONTINUE THE LINE OF QUESTIONING THAT MR.
GOODELL HAD BEEN ON, BECAUSE IT -- THE -- THE BILL ITSELF IS SEEMINGLY
SIMPLE, BUT IT'S IN -- IN MY MIND THIS CAN BE VERY COMPLEX IN ITS
IMPLEMENTATION. AND EVEN THOUGH IT'S SAID TO BE A GOAL, IT SAYS THAT
NEW VEHICLES AFTER A CERTAIN TIME FRAME THAT WILL THEN -- IT'S DESIGNED TO
PROVIDE AN INCENTIVE TO INDUSTRY TO ANSWER THE CALL. BUT I WANT TO
MAKE SURE I KNOW WHICH INDUSTRIES I SHOULD BE TELLING FOLKS THAT THIS IS
WHAT THE LAW IS GOING TO BE IN NEW YORK STATE. AND WE SPECIFICALLY
TALK ABOUT A POTENTIAL LIST OF OFF-ROAD VEHICLES TO WHICH THIS LAW WOULD
APPLY FOR THIS -- THIS GOAL. BECAUSE THE LANGUAGE SAYS NEW OFF-ROAD
AND EQUIPMENT OPERATIONS. FIRST QUESTION, WHAT DOES EQUIPMENT
OPERATIONS MEAN TO VARIOUS INDUSTRIES AROUND NOT ONLY NEW YORK STATE
BUT THE NATION, THAT PROVIDE THIS EQUIPMENT? DOES THIS MEAN
LANDSCAPING-TYPE EQUIPMENT? DOES IT MEAN INDUSTRIAL EQUIPMENT?
HOW DOES THAT -- HOW DO EQUIPMENT OPERATIONS FIGURE OUT UNDER THIS --
THIS LAW?
MR. ENGLEBRIGHT: WELL, THERE IS NO LIST. AND SO
AS NYSERDA -- WHICH IS A CHANGE TO -- THE ORIGINAL LAW REQUIRED THE
DEC, SO THIS IS NYSERDA -- WILL BASICALLY DEAL WITH THE EQUIPMENT
38
NYS ASSEMBLY JANUARY 25, 2022
AND WITH THE MANUFACTURER OF THE EQUIPMENT ON AN ITEM-BY-ITEM OR A
CASE-BY-CASE BASIS.
MR. SMULLEN: SO THE INTENT -- THE LEGISLATIVE
INTENT IS TO LEAVE THE REGULATORY FRAMEWORK TO NYSERDA TO DEVELOP
THAT WHICH WILL AFFECT THE INDUSTRY. WHEN WILL WE COME BACK AS A
BODY TO LEGISLATE SPECIFICALLY ON THE VARIOUS CATEGORIES -- THE TYPES OF
EQUIPMENT OR THE TYPES OF VEHICLES THAT I THINK WILL BE INVOLVED IN THIS?
MR. ENGLEBRIGHT: LET -- LET ME AGAIN BE REAL
CLEAR. THIS IS NOT A REQUIREMENT. THIS IS NOT AN IMPOSITION OF A
DEFINITION. THIS IS A GENERAL GOAL THAT NYSERDA IS GOING TO TRY TO
ENCOURAGE BE MET AS WE MOVE THROUGH TIME WITH, ACCORDING TO MANY
EXPERTS, TIME RUNNING OUT. SO THERE IS AN IMPERATIVE, BUT THE
IMPERATIVE DOES NOT TRANSLATE IN LAW IN THIS CASE INTO A REQUIREMENT. IT
IS ASPIRATIONAL. IT IS A GOAL. IT IS WHAT WE HOPE WE CAN ACHIEVE. AND
WE GIVE A -- A RATHER GENEROUS TIME FRAME TO DO THAT. I BELIEVE THAT THE
MARKET FORCES WILL BE REGULATED NOT BY US, BUT BY EVENTS, THE FREQUENCY
OF EXTRA TROPICAL STORMS THAT ARE GOING TO DEVASTATE MY PART OF THE
STATE, PERHAPS YOURS AS WELL. THE HURRICANE OF '38, FOR EXAMPLE,
KNOCKED DOWN 25,000 ACRES IN THE HIGH PEAKS AREA. WE'RE -- WE'RE
SEEING THE FREQUENCY OF THE SO-CALLED 100-YEAR STORMS, FLOOD EVENTS,
STORM EVENTS SUCH AS SEPTEMBER 2ND WHICH DEVASTATED NEW YORK
CITY. THIS, I BELIEVE, SETS THE STAGE FOR PEOPLE WHO ARE THE CONSUMERS -
WE CALL THEM CONSTITUENTS - ARE GOING TO DEMAND THAT AND ASK FOR AND
BE PREFERENTIAL IN THE WAY THAT THEY SPEND THEIR MONEY TO HELP TRY TO
SOLVE THE PROBLEM OF CLIMATE CHANGE THROUGH THEIR OWN SALES AND
39
NYS ASSEMBLY JANUARY 25, 2022
PURCHASE DESIRES. WE WILL HAVE A CHEERING SECTION OF SORTS. THE
SEVERAL STATE AGENCIES HERE THAT WILL BE COORDINATING WITH NYSERDA
INCLUDE THE DEPARTMENT OF ECONOMIC DEVELOPMENT, THE PUBLIC SERVICE
COMMISSION, THE DOT, THE DMV AND THE DEC. BUT I BELIEVE AS WE
HAVE SEEN WITH SOME OTHER THINGS, I REMEMBER IT DIDN'T TAKE TEN YEARS
FOR SOLAR PANELS TO GO FROM IMPOSSIBLY EXPENSIVE TO SOMETHING THAT IS
AVAILABLE THROUGH HOME DEPOT. SO THE MARKET CAN REACT WHEN THERE IS
A DESIRE FOR THE GOOD. I BELIEVE THAT THE GOOD AND THE GOODS WILL
CONVERGE IN THIS CASE.
MR. SMULLEN: WELL, I WOULD CERTAINLY AGREE THAT
WE WOULD MUCH RATHER HAVE A MARKET-BASED APPROACH THAN A -- THAN
THE HEAVY HAND OF A REGULATORY STATE BY GUIDING POLICY IN THIS CASE.
BUT IN -- IN THE SPECIFICS OF THIS BILL, SO THEN IT WOULD BE BACK TO US IN
THE LEGISLATURE AS TO BE THE MECHANISM TO CHANGE ANY OF THE GOALS OF
THIS BILL?
MR. ENGLEBRIGHT: WE, I BELIEVE, ARE GOING TO
GIVE A CHANCE FOR THIS BILL TO BE IMPLEMENTED. AND AGAIN, I -- I DON'T
BELIEVE WE'RE GOING TO SEE A HEAVY-HAND APPROACH. I -- I BELIEVE THAT --
I BELIEVE IN THIS INSTITUTION AND I BELIEVE IN A SENSE OF REASONABLENESS
THAT OFTEN -- NOT ALWAYS, BUT OFTEN -- IS THE RESULT OF OUR DELIBERATIONS.
SO WHILE THE LEGISLATURE MIGHT CHANGE TO MAKE THINGS MORE
OPPRESSIVE, I DON'T BELIEVE THAT IT'S GOING TO BE NECESSARY. I THINK THAT
THE PEOPLE WHO SENT US ARE GOING TO LEAD US IN THIS CASE.
MR. SMULLEN: WELL, THANK YOU FOR YOUR -- YOUR
WORDS.
40
NYS ASSEMBLY JANUARY 25, 2022
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. SMULLEN: THE CONCERN THAT I HAVE IS THAT WE
IN NEW YORK STATE ARE LEADING WITH OUR CHIN ON THIS IN REGARDS TO WHAT
THE -- WHAT THE PEOPLE OF THIS STATE VIEW AS THEIR PREFERENCE IN THE
MARKET FOR OFF-ROAD VEHICLES OR EQUIPMENT OPERATIONS. I -- I DON'T
KNOW WHAT EQUIPMENT OPERATIONS MEANS, BUT I DO KNOW WHAT OFF-ROAD
VEHICLES MEAN. AND THE GOAL THAT'S BEING SENT OUT HERE IS VERY
AGGRESSIVE BASED ON THE ASSESSMENT OF WHERE THE TECHNOLOGY IS TODAY,
WHAT IS IN DEVELOPMENT AND WHAT MIGHT BE IN THE FUTURE TO PRODUCE
NEW VEHICLES BY 2035. THE VEHICLES THAT I WOULD CONSIDER TO BE
OFF-ROAD THAT ARE CURRENTLY IN USE TODAY ARE THINGS LIKE SNOWMOBILES.
SO DOES THIS BILL APPLY TO SNOWMOBILES IN 2035? THAT IT MUST BE AN
ELECTRIC SNOWMOBILE NEW IN 2035. DOES IT APPLY TO ALL-TERRAIN
VEHICLES, FOUR-WHEELERS, WHICH NOT ONLY ARE USED FOR RECREATION BUT ARE
HEAVILY USED BY MANY PEOPLE IN UPSTATE NEW YORK FOR THEIR
BUSINESSES IN WHICH THEY EARN THEIR LIVINGS? DOES IT INCLUDES
SIDE-BY-SIDES THAT ARE GREATER THAN 1,500 POUNDS WHICH ARE CURRENTLY
NOT REGISTERED IN NEW YORK STATE? DOES IT INCLUDE MOTORCYCLES? WILL
-- WILL THOSE PEOPLE WHO CURRENTLY HAVE GAS-POWERED MOTORCYCLES BE
NO LONGER ALLOWED TO BUY MOTORCYCLES THAT ARE NOT ELECTRIC IN 2035?
DOES THIS BILL APPLY TO MOTOR BOATS? THERE'S A GIGANTIC RECREATIONAL
INDUSTRY ACROSS ALL OF NEW YORK STATE. IS THIS GOING TO FORCE
MANUFACTURERS TO PUT ELECTRIC BATTERIES ON THE WATER FOR OUR RECREATIONAL
INDUSTRY? DOES THIS APPLY TO JET SKIS, WHICH NOT ONLY, AGAIN, RECREATION
41
NYS ASSEMBLY JANUARY 25, 2022
BUT ALSO HAVE COMMERCIAL USES. WILL ALL GOLF CARTS HAVE TO BE
ELECTRIFIED BY 2035 UNDER THIS BILL? AND I KNOW THERE'S A -- THERE'S A
GREAT INDUSTRY OUT THERE THAT ALREADY IS, BUT SOME PEOPLE STILL HAVE
GAS-POWERED GOLF CARTS. WILL IT APPLY TO LAWN TRACTORS? AGAIN,
APPLYING TO THE LANDSCAPING INDUSTRY, ZERO-TURN MOWERS. ANYTHING
THAT NEEDS THE ENERGY DENSITY THAT ARE CURRENTLY PROVIDED BY FOSSIL
FUELS. IS IT GOING TO BE REQUIRED AFTER 2035 TO BUY NEW VEHICLES IF THIS
BODY COMES BACK IN AND THEN FURTHER RAISES THE BAR, OR IN THIS CASE
MOVES THE GOAL POST FOR THE INDUSTRY. AND LASTLY, WILL IT APPLY TO THINGS
LIKE AIRPLANES? I'M -- I'M A BIG AVIATION AFICIONADO. I'M LOOKING AT
ELECTRIC AIRPLANES. WILL IT APPLY TO ELECTRIC AIRPLANES THAT ARE SOLD IN
NEW YORK STATE? WE DON'T KNOW THESE THINGS, WHICH THEREIN LIES THE
DANGER. THE DANGER IS IS THAT WE ARE PUTTING GOALS OUT THERE THAT THE
CURRENT STATE OF TECHNOLOGY CANNOT MEET. AND I HAVE A FAIR AMOUNT OF
EXPERIENCE IN THE TRANSITION OF EXPERIMENTAL TECHNOLOGY TO APPLY
TECHNOLOGY IN THE MILITARY, INCLUDING DEVELOPING THE REQUIREMENTS BY
WHICH THOSE THINGS ARE TRANSITIONED FROM A CONCEPT INTO AN IDEA INTO A
PROTOTYPE INTO ACTUAL PHYSICAL THINGS THAT ARE USED IN THE FIELD AND IN
THIS CASE WOULD BE USED IN OUR STATE. AND I HAVE GREAT RESERVATIONS
ABOUT THIS BILL, BECAUSE NOW WE HAVE TAKEN NOT ONLY OUR TRANSPORTATION
INDUSTRY WHICH WAS CONTAINED IN THE BILL-IN-CHIEF, BUT NOW WE'RE
ADDING THOSE THINGS WHICH ARE THE LAST THINGS IN THE TECHNOLOGY
SPECTRUM THAT ARE TRANSITIONED. SO WHILE YOU CAN INCENTIVIZE THINGS
LIKE THE AUTOMOTIVE INDUSTRY, EVEN THE TRUCKING INDUSTRY, SHIPPING, THE
TRAIN TRANSPORTATION INDUSTRY, IT'S VERY HARD FOR THESE SMALLER PIECES OF
42
NYS ASSEMBLY JANUARY 25, 2022
EQUIPMENT, THESE SMALLER VEHICLES AND THESE SMALLER PIECES OF GEAR THAT
PEOPLE USE TO THEN SAY YOU'RE GOING TO FORCE THEM TO BE FULLY ELECTRIFIED
FOR THE NEW VEHICLE AND NEW EQUIPMENT CATEGORY IN 2035. AND I THINK
THAT NEW YORKERS OUGHT TO BE AWARE THAT THIS IS THE DIRECTION THAT THEIR
STATE IS HEADED. AND I DON'T THINK THAT'S THE CASE. THIS BILL WAS -- WAS
BROUGHT UP ONLY A FEW DAYS AGO IN COMMITTEE AND NOW IS BEING
DISCUSSED HERE ON THE FLOOR. AND I WANT TO WARN EVERYBODY ACROSS
MANY INDUSTRIES IN NEW YORK STATE WHAT FULL ELECTRIFICATION, WHAT
THESE GOALS MEAN. WHEN YOU GIVE THE POWER TO -- TO CONTROL THESE, TO
REGULATE, TO ORGANIZATIONS LIKE THE CLIMATE ACTION COUNCIL WHICH HAS
DEC AND NYSERDA AND VARIOUS OTHER INDUSTRY AND ENVIRONMENTAL
ADVOCATES ON IT, YOU'RE GETTING ONE APPROACH TO HOW THE FUTURE WILL
LOOK. AND THAT -- THAT APPROACH DOESN'T TAKE INTO ACCOUNT THE VAST
MARKET FORCES AND THE INNOVATION THAT ARE HAPPENING ACROSS THE UNITED
STATES. IT'S VERY SPECIFIC AND IT GETS TO BE VERY SPECIFIED IN HOW WE'RE
SHAPING OUR CLIMATE ACTION PLAN. AND THEREIN LIES MY CONCERN.
THEREIN LIES THE ROAD FOR ALL OF THE PEOPLE THAT LIVE IN UPSTATE NEW
YORK THAT USE THESE OFF-ROAD VEHICLES AND THESE EQUIPMENT FOR THEIR --
THEIR -- FOR THEIR PERSONAL RECREATION, FOR THEIR BUSINESSES AND FOR THEIR
LIVELIHOODS. THE OVERLY RAPID ELECTRIFICATION OF THE ECONOMY IN -- IN
NEW YORK IS PARTICULARLY EGREGIOUS TO THOSE IN UPSTATE NEW YORK,
WITHOUT AN ADEQUATE TRANSITION PERIOD. AND I DO NOT BELIEVE THAT 2035
IS A SHORT ENOUGH PERIOD TO DO THAT BASED ON MY ASSESSMENT OF THE
INDUSTRIES, MY ASSESSMENT OF THE LIVELIHOODS, AND MY ASSESSMENT OF THE
NEEDS AND WANTS OF THE PEOPLE IN UPSTATE NEW YORK. AND WHAT I
43
NYS ASSEMBLY JANUARY 25, 2022
THINK IT'S GOING TO DO IS DEEMED PUNITIVE TO THEM. THAT THEIR PASTIMES,
THEIR LIVELIHOODS ARE BEING TAKEN AWAY IN NEW YORK STATE BUT NOT
NECESSARILY IN OTHER STATES. AND IT'S GOING TO PUT US IN A -- IN A
CONTINUED COMPETITIVE DISADVANTAGE FOR ALL OF THOSE INDUSTRIES THAT RELY
ON EQUIPMENT AND THESE OFF-ROAD VEHICLES FOR THEIR LIVELIHOODS.
FOR THAT REASON, I URGE ALL OF MY COLLEAGUES,
ESPECIALLY THOSE OUTSIDE OF THE DENSE URBAN AREAS, TO THINK ABOUT WHAT
YOUR PEOPLE WOULD THINK ABOUT THIS PROPOSED BILL. NOT ONLY THE -- THE
INITIAL BILL, BUT IN THIS CASE THIS AMENDMENT THAT'S GOING TO HAVE THIS
ALSO APPLY TO OFF-ROAD VEHICLES AND ALL OF THE EQUIPMENT. FOR THAT
REASON, I URGE ALL OF MY COLLEAGUES TO VOTE NO ON THIS BILL AND TO MAKE
ALL OF THEIR CONSTITUENTS AWARE OF WHAT WE ARE DOING TODAY. NOT ONLY
WHAT WE DID LAST YEAR, BUT WHAT WE'RE DOING TODAY AND WHAT THAT'S
GOING TO MEAN IN THE FUTURE.
MR. SPEAKER, THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR PLEASE YIELD FOR A FEW BRIEF QUESTIONS?
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL
YOU YIELD?
MR. ENGLEBRIGHT: I YIELD.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GANDOLFO: THANK YOU, SIR. THE QUESTION I
HAVE, SO NYSERDA, THEY'RE GOING TO BE DEVELOPING THE MARKET
44
NYS ASSEMBLY JANUARY 25, 2022
STRATEGY. ARE THEY ALSO THEN IN CHARGE OF DETERMINING WHAT THE
FEASIBILITY IS COME 2035?
MR. ENGLEBRIGHT: SO, WE'VE SHIFTED FROM THE
DEC BEING ENTIRELY IN CHARGE OF DETERMINING FEASIBILITY TO A SHARED
RESPONSIBILITY AMONGST CONSULTING AGENCIES. AGAIN, THOUGH, I WANT TO
BE REAL CLEAR BECAUSE SOME OF WHAT WE'VE JUST HEARD WOULD LEAVE THE
IMPRESSION THAT THIS IS A MANDATE. THIS IS NOT A MANDATE. THIS IS A
GOAL. IT IS AN EXPRESSION OF THOUGHTFULNESS THAT IS RELEVANT TO THE
CLIMATE CRISIS THAT WE'RE IN.
MR. GANDOLFO: RIGHT.
MR. ENGLEBRIGHT: SO I WANT TO BE CLEAR. THE
MATTER BEFORE US IS REALLY QUITE LIMITED. WE'RE NOT RELITIGATING THE
QUESTION OF THE UNDERLYING LAW AT THIS POINT. WE'RE ONLY TRYING TO
CLARIFY THAT, FOR EXAMPLE, IF YOU WANT TO BUY A USED VEHICLE EVEN AFTER
2035 AND IT HAPPENS TO BE A COMBUSTION ENGINE-POWERED VEHICLE YOU
CAN DO SO. THAT'S NOT LIMITED.
MR. GANDOLFO: I -- I -- I THINK YOU'VE MADE YOUR
INTENTION CLEAR AND I REALLY DO APPRECIATE THAT, THAT THIS IS NOT A
REQUIREMENT. IT IS A GOAL, IT'S AN ASPIRATION. SO IS MY UNDERSTANDING
CORRECT THAT COME 2035 THE AGENCIES WOULD THEN DETERMINE IF IT'S
FEASIBLE? NOT THE LEGISLATURE BUT, YOU KNOW, THESE -- ALL THE AGENCIES
THAT ARE IN THE PARTNERSHIP WILL DETERMINE IF THE COST WAS FEASIBLE, THE
POWER GRID, THE INFRASTRUCTURE; IS THAT CORRECT?
MR. ENGLEBRIGHT: I -- I HOPE TO STILL BE HERE
WITH YOU IN 2035. I CAN'T PREDICT FOR SURE WHO WILL BE HERE OR WHAT THE
45
NYS ASSEMBLY JANUARY 25, 2022
LEGISLATURE IN 2035 MAY CHOOSE TO DO. I CAN'T TELL YOU HOW SERIOUS THE
INCIDENCES OF CLIMATE INSULTS WILL BE. BUT I -- I DO BELIEVE VERY
STRONGLY THAT IT IS PRUDENT FOR US TO TRY TO THINK AHEAD AND TO TRY TO
ESTABLISH GENERAL GOALS. AND THIS IS ONE OF -- OF THE PIECES OF
LEGISLATION THAT ASKS GOVERNMENT TO THINK, TO COORDINATE BETWEEN
AGENCIES INSTEAD OF WORKING IN SILOS AND TO TRY TO ARRIVE AT A -- AT A
PLACE WHERE THERE -- THERE IS A -- A CONCURRENCE OF EXPECTATION BETWEEN
THE OPERATION OF GOVERNMENT AND THE OPERATION OF THE MARKETPLACE.
MR. GANDOLFO: RIGHT. I -- I UNDERSTAND. BUT MY
QUESTION IS, YOU KNOW, THE FEASIBILITY. IS THAT SOMETHING THAT, YOU
KNOW, THESE AGENCIES WILL JUST DECIDE WHEN -- (INAUDIBLE/CROSS-TALK)
MR. ENGLEBRIGHT: THE FEASIBILITY I THINK IS A
TERM OF ART. IT REALLY IS NOT FEASIBILITY WITHIN THE CONTEXT OF A MANDATE.
SO, THAT'S VERY DIFFERENT FROM THE -- THE USUAL WAY THAT WE HEAR THE
WORD FEASIBILITY USED, WHICH IS WITHIN THE CONTEXT OF A -- A MANDATE OR
A THRESHOLD OF EXPECTATION THAT IS PRECISE TO BEGIN WITH.
MR. GANDOLFO: OKAY, SO, AGAIN, THIS IS A GOAL. IS
THERE ANY MECHANISM HERE THAT IF ALL OF THOSE AGENCIES SAY THIS IS
FEASIBLE, WOULD THE LEGISLATURE STILL HAVE TO CONVENE AND PASS
LEGISLATION TO THEN MAKE THAT MOVE TO --
MR. ENGLEBRIGHT: THE LEGISLATURE ALWAYS HAS
THE ABILITY TO AMEND LEGISLATION, CREATE NEW LEGISLATION. YOU KNOW --
MR. GANDOLFO: BUT IT WON'T BE A REQUIREMENT --
MR. ENGLEBRIGHT: WE'RE NOT -- WE'RE NOT ABLE TO
PREDICT WHAT FUTURE LEGISLATURES MAY DO.
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NYS ASSEMBLY JANUARY 25, 2022
MR. GANDOLFO: BUT IS IT A REQUIREMENT FOR THE
LEGISLATURE -- (INAUDIBLE/CROSS-TALK)
MR. ENGLEBRIGHT: THERE'S NO REQUIREMENT HERE
FOR PRESENT OR FUTURE LEGISLATURES (INAUDIBLE) DIFFERENT OTHER THAN
WHAT'S BEFORE US WHICH IS THE -- (INAUDIBLE/CROSS-TALK)
MR. GANDOLFO: OKAY. SO THE TRANSITION -- THE
TRANSITION TO, YOU KNOW, FULLY ELECTRIC NEW CARS SOLD. THAT -- SO THEN
THAT WOULD JUST BE SET IF THE AGENCIES DETERMINED IT WAS FEASIBLE?
THERE'S NO FURTHER ACTION NEEDED FROM THE LEGISLATURE TO TRANSITION --
MR. ENGLEBRIGHT: THERE'S NO -- AGAIN, I REPEAT.
THERE'S NO REQUIREMENT HERE. SO THE -- THE QUESTION OF FEASIBILITY IS NOT
A QUESTION THAT IS SET WITHIN THE CONTEXT OF A LEGAL DEMAND THAT WE
WOULD CALL A MANDATE. THERE IS NO MANDATE.
MR. GANDOLFO: SO IF IT IS DEEMED FEASIBLE, THEN
WHAT HAPPENS?
MR. ENGLEBRIGHT: SAY AGAIN?
MR. GANDOLFO: IF -- IF THE TRANSITION IN 2035 TO
ONLY FULLY ELECTRIC CARS SOLD IN NEW YORK, IF THAT'S DETERMINED TO BE
FEASIBLE, THEN WHAT WOULD HAPPEN? THAT WOULDN'T AUTOMATICALLY GO
INTO EFFECT, WOULD IT?
MR. ENGLEBRIGHT: IF THAT HAPPENS,
CONGRATULATIONS TO ALL OF US. AS TINY TIM WOULD SAY, GOD BLESS US,
EVERY ONE.
MR. GANDOLFO: WELL, I WOULD AGREE THERE. BUT I
-- I'M JUST TRYING TO UNDERSTAND WHAT EXACTLY WOULD CODIFY THE
47
NYS ASSEMBLY JANUARY 25, 2022
TRANSITION FOR FULLY ELECTRIC NEW CARS HERE, IF -- IF THE LEGISLATURE WOULD
HAVE TO TAKE ACTION IF IT'S DEEMED FEASIBLE OR --
MR. ENGLEBRIGHT: I THINK YOU'RE GOING TO SEE
THAT WHAT'S FEASIBLE WILL BE DETERMINED BY WHAT THE MARKETPLACE MAKES
AVAILABLE. I'M HOPEFUL THAT ELECTRIC VEHICLES WILL BE MORE POPULAR AND
MORE COOL TO PURCHASE AND DRIVE. WE ALREADY SEE THAT. IT'S KIND OF
COOL WHEN YOU SEE THAT TESLA --
MR. GANDOLFO: I AGREE.
MR. ENGLEBRIGHT: -- IN FRONT OF YOU IN THE
MARKET OF OUR CURRENT INTERSECTIONS.
MR. GANDOLFO: AND I DO AGREE. I -- I DO
PERSONALLY HOPE -- AGREE THAT THE MARKET IS TAKING US IN THAT LANE AND
EVENTUALLY WE WILL BE THERE. YOU KNOW, A CONCERN I HAVE AND THAT'S
WHY I'M LOOKING FOR CLARITY IS WHETHER OR NOT AN AFFIRMATIVE STEP IS
NEEDED TO STOP THE SALE OF NEW -- (INAUDIBLE/CROSS-TALK).
MR. ENGLEBRIGHT: THERE ARE NO PENALTIES
CONTEMPLATED IN -- IN THIS BILL.
MR. GANDOLFO: OKAY.
MR. ENGLEBRIGHT: I THINK I -- I'M STARTING TO
HEAR THE INFLECTION OF YOUR QUESTION IN -- IN THE DIRECTION OF WHETHER
PEOPLE WILL BE PENALIZED OR PUNISHED, AND THE ANSWER IS NO, THEY WILL
NOT.
MR. GANDOLFO: OKAY. ALL RIGHT. WELL, THANK
YOU FOR YOUR RESPONSES. I APPRECIATE THE TIME.
MR. ENGLEBRIGHT: YOU'RE QUITE WELCOME.
48
NYS ASSEMBLY JANUARY 25, 2022
ACTING SPEAKER AUBRY: MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT?
MR. ENGLEBRIGHT: I YIELD.
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT
YIELDS.
MR. MANKTELOW: THANK YOU, MR. ENGLEBRIGHT.
AS WE'VE TALKED ABOUT THIS IN -- IN COMMITTEE AS WELL AND NOW HERE ON
THE FLOOR, WHAT WE'RE BASING THIS OFF FROM THE FOOTPRINT OF WHAT'S
HAPPENING IN CALIFORNIA; IS THAT CORRECT?
MR. ENGLEBRIGHT: WE'RE ON A -- SORT OF AWARE
THAT CALIFORNIA HAS TAKEN A LEAD, BUT THIS IS THE EMPIRE STATE AND WE
ALSO KNOW HOW TO LEAD. OUR APPROACH IS A LITTLE DIFFERENT FROM
CALIFORNIA'S, SO WE'RE NOT COPYING CALIFORNIA, NO. WE ARE HOPEFUL,
THOUGH, THAT ALONG WITH CALIFORNIA AND ALL OF OUR OTHER SISTER STATES THAT
NEW YORK CAN HELP STIMULATE A NATIONAL CONVERSATION.
MR. MANKTELOW: WOULD THE ELECTRIC VEHICLES
THAT WE HAVE ON THE ROADS NOW HERE IN NEW YORK STATE, THROUGHOUT THE
COUNTRY, PROBABLY THROUGHOUT THE WORLD, BUT SPECIFICALLY HERE IN NEW
YORK STATE, MR. ENGLEBRIGHT, HAS THERE BEEN ANY LEGISLATION THAT HAS
HELPED GET THEM HERE TODAY?
MR. ENGLEBRIGHT: SAY AGAIN?
MR. MANKTELOW: HAS THERE BEEN ANY LEGISLATION
ON THIS FLOOR IN NEW YORK STATE THAT HAS HELPED GET ELECTRIC VEHICLES IN
49
NYS ASSEMBLY JANUARY 25, 2022
NEW YORK TODAY?
MR. ENGLEBRIGHT: YES. WE -- WE'VE -- THE
UNDERLYING BILL THAT -- THAT THIS AMENDMENT MODIFIES IS CERTAINLY ONE OF
THOSE. THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT SETS
BROAD SWEEPING GOALS AS WELL. SO THIS IS NOT A SINGULARITY IN THAT
REGARD. WE DO HAVE SEVERAL BILLS, NOW LAW, THAT MOVE IN THAT
DIRECTION, YES.
MR. MANKTELOW: BUT THERE WERE -- THERE WERE
ELECTRIC VEHICLES PRIOR TO THAT -- THAT LAW, CORRECT?
MR. ENGLEBRIGHT: ELECTRIC VEHICLES HAVE BEEN
ON THE MARKETPLACE SINCE ABOUT 1900, 1903, SOMETHING LIKE THAT. THEY
DIDN'T DO VERY WELL IN THE EARLIER YEARS. BATTERY TECHNOLOGY WAS NOT
NEARLY AS GOOD AS IT IS TODAY.
MR. MANKTELOW: OKAY. ANOTHER QUESTION FOR
YOU. YOU KNOW, WE'VE TALKED ABOUT OFF-ROAD EQUIPMENT. WE TALKED
ABOUT IT IN COMMITTEE. WE'VE TALKED ABOUT IT HERE ON THE FLOOR A LITTLE
BIT. AND BEING A -- A FARMER, A FORMER FARMER WORKING WITH FARM
EQUIPMENT, DO I WANT TO SEE THEM GO ELECTRIC? YES.
MR. ENGLEBRIGHT: IT WOULD BE A GOOD THING TO
HAPPEN. FARM EQUIPMENT DOES WEAR OUT AND THE REPLACEMENT
EQUIPMENT, IF THE MARKET HAS PRODUCED ADEQUATE REPLACEMENT
EQUIPMENT, WOULD CERTAINLY BE SOMETHING THAT A FARMER MIGHT WANT TO
THINK ABOUT.
MR. MANKTELOW: SO, IF WE --
MR. ENGLEBRIGHT: (INAUDIBLE) --
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NYS ASSEMBLY JANUARY 25, 2022
MR. MANKTELOW: I'M SORRY.
MR. ENGLEBRIGHT: -- DO THAT SIMPLY BECAUSE
THEY, TOO, ARE SUFFERING FROM THE ILL EFFECTS OF CLIMATE CHANGE. BUT THIS
IS NOT A BILL THAT FORCES UNDER PUNISHMENT OR THREAT A FARMER TO -- TO
EVEN THINK ABOUT MAKING A DECISION FROM DURESS CAUSED BY THIS STATE
LEGISLATURE. THAT -- THAT IS NOT WHAT IS BEFORE US HERE AT ALL.
MR. MANKTELOW: SPEAKING OF FARMERS AND BEING
STEWARDS OF THE LAND AND BEING STEWARDS -- STEWARDS OF PROPERTY, WE
ALWAYS WANT TO DO WHAT'S BEST FOR -- FOR THE ENVIRONMENT, ABSOLUTELY.
MR. ENGLEBRIGHT: THAT'S TRUE.
MR. MANKTELOW: NO DOUBT ABOUT IT. I WANT OUR
FARMERS TO GET THERE AND BE PART OF IT AS WE ARE TODAY. LESS FERTILIZER,
GPS TECHNOLOGY. CLEANER FUELS COMING OUT OF THE BACK OF THE ENGINES.
REMARKABLE WHERE WE HAVE GOTTEN ALREADY TODAY.
MR. ENGLEBRIGHT: THIS IS TRUE.
MR. MANKTELOW: AND HERE IN NEW YORK, NO
LEGISLATION PUSHING THAT. THE COMPANIES ARE PUSHING THAT AND WE AS
FARMERS ARE PUSHING THAT. WE AS PEOPLE ARE PUSHING THAT.
MY OTHER CONCERN IS IF WE DECIDE TO CONTINUE TO MOVE
THIS FORWARD, ARE WE PUTTING THE CART BEFORE THE HORSE?
MR. ENGLEBRIGHT: I DON'T BELIEVE WE'RE PUTTING
THE CART BEFORE THE HORSE. NO PUN INTENDED.
(LAUGHTER)
MY FATHER GREW UP ON A FARM AND ACTUALLY TENDED THE
HORSES, WHICH IS -- WHICH IS WHY AS WE LOOK AT THE EVOLUTION OF
51
NYS ASSEMBLY JANUARY 25, 2022
TECHNOLOGY FOR FARMS, IT'S PRETTY RAPID.
MR. MANKTELOW: IT IS.
MR. ENGLEBRIGHT: THE MARKET FOR FIRST-RATE
EQUIPMENT AND EQUIPMENT THAT RETURNS GREATER PROFITABILITY IS A STRONG
MARKET.
MR. MANKTELOW: YES.
MR. ENGLEBRIGHT: LED BY INNOVATIVE THINKERS
AND STEWARDS OF THE LAND THAT WE CALL FARMERS.
MR. MANKTELOW: YES. AND WHY I WAS ASKING
THAT QUESTION IS, IF WE'RE GOING TO -- IF WE'RE GOING TO CONTINUE DOWN
THIS PATH WE NEED TO KNOW FIRST OF ALL, CAN THIS STATE PRODUCE ENOUGH
ELECTRICITY TO PROVIDE FOR ALL THESE THINGS THAT WE ARE PUSHING FOR?
THAT'S FIRST. SECONDLY, WHO IS GOING TO MAKE THAT ELECTRICITY? HOW IS
IT GOING TO GET HERE? BECAUSE I DON'T WANT THESE COMPANIES SPENDING
ALL THIS TIME AND MONEY AND EFFORT TO PRODUCE AN ELECTRIC COMBINE IF
WE CANNOT GET THAT POWER TO THAT COMBINE. I CAN -- YOU LOOK AT THE
ASTRONOMICAL NUMBERS OF GETTING THOSE NUMBERS -- OR GETTING THAT
ELECTRICITY TO A FARMER'S FIELD THAT'S THREE MILES UP THE ROAD.
MR. ENGLEBRIGHT: I -- I HEAR WHERE YOU'RE
GOING. I -- FIRST, I WOULD JUST LIKE TO SAY YOUR QUESTIONS ARE VERY
THOUGHTFUL, AS ALWAYS. THEY, IN THIS PARTICULAR INSTANCE, DO NOT RELATE
SPECIFICALLY TO THE MEASURE BEFORE US. BUT IN A -- IN A LARGER SENSE,
WE'RE GOING TO HAVE TO MAKE SURE THAT THE -- THAT THE ELECTRIFICATION OF
OUR STATE IS ADVANCED BY HAVING RENEWABLE ENERGY RAMPED UP IN -- IN A
TIME FRAME THAT IS EVEN SHORTER THAN SOME OF THE -- THE DEADLINES THAT
52
NYS ASSEMBLY JANUARY 25, 2022
WE SEE FOR -- HOPED FOR ACCOMPLISHMENT HERE. I CAN ONLY TELL YOU THAT
IF WE GET ALL OF THE PEOPLE IN THE STATE PULLING IN THE SAME DIRECTION, IF
THEY SEE THIS ALL IN THEIR BEST INTEREST, INCLUDING FARMERS, BUT NOT
LIMITED TO FARMERS, I BELIEVE THAT WE WILL SEE ELECTRIFICATION TAKE PLACE
IN A PRETTY SHORT TIME FRAME. I WENT TO THE UNIVERSITY OF TENNESSEE AND
THE TENNESSEE VALLEY AUTHORITY RAMPED UP INSIDE OF ABOUT TEN TO 15
YEARS. MOST OF THE FARMS IN THE TVA SERVICE TERRITORY HAD NO
ELECTRICITY WHEN THAT PROGRAM BEGAN. SO IF TENNESSEE CAN DO IT, I
KNOW -- I KNOW THAT NEW YORK CAN.
MR. MANKTELOW: ABSOLUTELY. I TOTALLY AGREE
WITH YOU. LIKE I SAID, I'M JUST NOT SURE WE'RE STARTING THIS IN THE RIGHT
DIRECTION.
TWO MORE QUESTIONS ON OFF-ROAD EQUIPMENT. ON
MANY OF OUR FARMS, OUR HOSPITALS, OUR FIRE DEPARTMENTS, OUR AMBULANCE
STATIONS, OUR SCHOOLS, THERE ARE MULTIPLE, MULTIPLE FUEL-BASED ELECTRIC
GENERATORS, OFF-ROAD GENERATORS. WHERE ARE THEY IN THIS?
MR. ENGLEBRIGHT: I DON'T BELIEVE THAT THEY ARE
WHAT WE'RE TALKING ABOUT BECAUSE THEY DON'T HAVE WHEELS. THEY MAY
BE LOCATED ON WHEELED VEHICLES, BUT THEY'RE NOT BUILT TO BE
TRANSPORTATION MECHANISMS BY THEMSELVES.
MR. MANKTELOW: SO IT IS MY UNDERSTANDING,
THEN, THIS IS ONLY FOR WHEELED VEHICLES?
MR. ENGLEBRIGHT: YOU KNOW, IT IS PRIMARILY
GOING TO BE WHEELED VEHICLES. THERE MAY BE SOME PROPELLER BLADES IN
HERE SOMEWHERE, BUT THIS IS FOR TRANSPORTATION, YES.
53
NYS ASSEMBLY JANUARY 25, 2022
MR. MANKTELOW: OKAY. I APPRECIATE THAT.
MY SECOND QUESTION IS, IN OUR AREA UPSTATE WE HAVE
MANY, MANY, MANY NEW COMMUNITIES OF AMISH. AMISH HAVE NO
ELECTRICITY IN THEIR HOMES. THEY USE KEROSENE FOR THEIR LAMPS.
SOMETIMES THEY USE GENERATORS TO RUN ELECTRICITY TO PUMP THEIR WATER
AND THEN SHUT THE GENERATOR OFF. IS THERE ANY THOUGHT PROCESS OF WHAT
WE'RE GOING TO DO FOR THOSE TYPES OF COMMUNITIES?
MR. ENGLEBRIGHT: YEAH, I DON'T THINK THEY'RE
GOING TO BE PART OF THE AUDIENCE BUYING NEW VEHICLES, FOR THE REASONS
YOU STATE. THEY ARE VERY, VERY CAPABLE AT REPAIRING HORSE-DRAWN
VEHICLES AND KEEPING THEM ON THE ROAD SOMETIMES FOR MORE THAN 100
YEARS.
MR. MANKTELOW: YES.
MR. ENGLEBRIGHT: SO I -- I HOLD THEM IN GREAT
REGARD AND WITH A GREAT DEAL OF RESPECT. BUT I NOTE WITH -- WITH --
WITHIN THE CONTEXT OF YOUR QUESTION THAT THEY ARE NOT LIKELY TO BE TRYING
TO PURCHASE NEW VEHICLES.
MR. MANKTELOW: MR. ENGLEBRIGHT --
ENGLEBRIGHT -- EXCUSE ME -- I -- I THANK YOU FOR TAKING MY QUESTIONS, AS
ALWAYS. YOU'RE VERY COURTEOUS AND YOU LISTEN AND I REALLY APPRECIATE
THAT BECAUSE WE CAN COME TOGETHER AND MAKE THIS WORK FOR ALL OF US,
AND THAT'S THE GOAL.
MR. ENGLEBRIGHT: I THANK YOU FOR YOUR
QUESTIONS. THEY HELP ADVANCE THE OVERALL PROGRESS OF OUR STATE.
THANK YOU VERY MUCH.
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NYS ASSEMBLY JANUARY 25, 2022
MR. MANKTELOW: YOU'RE VERY WELCOME.
MR. SPEAKER, (INAUDIBLE) ON THE BILL, PLEASE.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MANKTELOW: AS OUR CHAIR OF THE EN CON
COMMITTEE SAID, WE WANT TO BE AHEAD OF CALIFORNIA. ABSOLUTELY. IF
WE'RE GOING TO DO THIS, WE'RE GOING TO LEAD OUR NATION, WE'RE GOING TO
LEAD THE WORLD. WE ARE NEW YORKERS. ABSOLUTELY. I LOVE THE GOAL, I
LOVE WHERE WE'RE GOING. WE NEED TO GET THERE. BUT AT THE SAME TIME,
WE NEED TO TAKE A HARD LOOK AT IS IT THIS FIRST OR IS IT THAT FIRST. DO WE
HAVE THE CAPABILITY OF GETTING ENOUGH POWER HERE FOR EVERYONE TO USE?
WE TALKED ABOUT ELECTRIC CARS IN THIS BILL. IF WE HAVE A HIGH-RISE WITH
100 ELECTRIC CARS IN THAT HIGH-RISE, THEY ALL SHOW UP AT THE END OF THE
DAY FROM WORK, WHO'S GOING TO PUT THE SUBSTATION IN THAT HIGH-RISE TO
PUT THE ELECTRICITY IN THOSE CARS? OH, AND BY THE WAY, WHAT ABOUT
EVERYTHING IN THEIR -- IN THEIR -- IN THEIR HOMES AND THEIR APARTMENTS?
WE WANT TO GET THERE. WE NEED TO IDENTIFY HOW TO GET US THERE.
SO I'M ENCOURAGED BY WHERE WE'RE GOING. I'M
ENCOURAGED -- ENCOURAGED BY CHAIR ENGLEBRIGHT THAT -- THIS IS -- THIS IS
FINE WHAT HE WANTS TO DO AND WE NEED TO HELP HIM GET THERE. WE NEED
TO GET THERE TOGETHER. SO LET'S WORK ON THIS AS A COMMITTEE. LET'S TAKE
A LOOK AT HOW WE'RE GOING TO GET THE POWER THERE, WHERE IS IT GOING TO
COME FROM. WHAT'S IT REALLY GOING TO COST? HOW MANY POWER LINES?
WHAT INFRASTRUCTURE NEEDS TO BE THERE? HOW IT'S GOING TO AFFECT EVERY
SINGLE INDIVIDUAL, EVERY SINGLE COMMUNITY? WE WANT TO LEAD, I WANT
TO LEAD. I WANT TO LEAD WITH YOU.
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NYS ASSEMBLY JANUARY 25, 2022
SO I APPRECIATE THIS BILL. I JUST WISH THERE WAS A BETTER
OUTLINE OF OFF-ROAD VEHICLES. AND I HOPE -- AND I WILL BE MORE THAN
WILLING TO WORK WITH YOU AND SIT IN YOUR OFFICE OR WHEREVER AND COME
UP WITH THAT LIST OF OFF-ROAD VEHICLES SO WE CAN TELL THE PEOPLE OF NEW
YORK STATE, THE BUSINESSES, WHAT WE'RE UP AGAINST, WHERE WE'RE GOING
SO THEY HAVE A GOOD IDEA.
SO AGAIN, MR. SPEAKER, THANK YOU FOR YOUR TIME. MR.
ENGLEBRIGHT, THANK YOU AGAIN FOR BEING COURTEOUS AND ANSWERING MY
QUESTIONS. I WANT TO SUPPORT THIS BILL SO BAD, BUT I WANT TO SEE THAT
OUTLINE FIRST. SO THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY.
MR. DURSO.
MR. DURSO: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A COUPLE OF QUICK QUESTIONS?
MR. ENGLEBRIGHT: I YIELD.
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT
YIELDS.
MR. DURSO: THANK YOU, MR. ENGLEBRIGHT. I
APPRECIATE IT. JUST A COUPLE OF QUICK QUESTIONS. I KNOW WE'VE PROBABLY
GONE OVER A COUPLE OF THEM ALREADY, BUT I JUST WANT TO GET SOME
CLARIFICATION.
MR. ENGLEBRIGHT: REDUNDANCY IS GOOD
PÉDAGOGIE. PLEASE, PROCEED.
MR. DURSO: WHEN WE SPOKE ABOUT THIS LAST YEAR
AND WE SPOKE ABOUT IT IN COMMITTEE, WHEN YOU HAVE IT SET AS A GOAL,
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NYS ASSEMBLY JANUARY 25, 2022
RIGHT? SO WE SAID IT LAST YEAR, THERE WAS NO PENALTY IF THEY HAVEN'T
REACHED THAT GOAL BY 2035. IF -- IF WE'RE HAVING IT AS A GOAL, RIGHT, BUT
THEN WE'RE LEAVING IT UP TO NYSERDA, RIGHT, WHEN IT COMES 2035 TO
SEE IF IT'S FEASIBLE, RIGHT? AND I KNOW MY COLLEAGUE WAS ASKING SOME
OF THE QUESTIONS, BUT I DIDN'T GET QUITE TO THE POINT WHERE I WANTED TO.
WHAT HAPPENS IF NYSERDA IN 2035 SAYS IT IS NOW FEASIBLE TO HAVE IT
THAT THERE IS NO NEW ELECTRIC -- I MEAN, COMBUSTION VEHICLE CARS, YOU
KNOW, FARM EQUIPMENT AND/OR OFF-ROAD VEHICLES. DOES THAT THEN
BECOME LAW AT THAT POINT THAT YOU CANNOT SELL GAS VEHICLES IN A CAR
DEALERSHIP?
MR. ENGLEBRIGHT: NO. THERE'S NO AUTOMATIC
CONVERSION. THE LEGISLATURE IN 2035 WOULD HAVE TO TAKE THAT UP. I'M
SURE THERE WOULD BE SOME DEBATE. I BELIEVE THAT IF WE'RE ABLE TO WORK
TOGETHER AS THE PRIOR SPEAKER INDICATED, THAT WE MIGHT BE ABLE TO
ACTUALLY MAKE THE TRANSITION EVEN MORE FEASIBLE. SO I -- I JUST WANT TO
SAY THANK YOU TO YOU AND YOUR COLLEAGUES FOR THE OFFER TO WORK
TOGETHER.
MR. DURSO: NO, 100 PERCENT AND I LOOK FORWARD TO
IT. SO JUST -- JUST FOR CLARITY AND FOR EVERYBODY'S SAKE, 2035
NYSERDA SAYS THIS IS NOW FEASIBLE, YOU DO NOT HAVE TO STOP SELLING
GAS VEHICLES IN DEALERSHIPS, CORRECT? THE LEGISLATURE WOULD HAVE TO
MAKE THAT DECISION.
MR. ENGLEBRIGHT: THAT IS A SEPARATE DECISION, A
SEPARATE PIECE OF LEGISLATION OR A SEPARATE EVENT, AS THE CASE MAY BE.
MR. DURSO: CORRECT. AND AGAIN, LIKE WE SAID,
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NYS ASSEMBLY JANUARY 25, 2022
WE'RE HOPING IT GETS TO THAT POINT WHERE ELECTRIC VEHICLES CAN BE MORE
ON THE ROAD, HAVE MORE CHARGING STATIONS, BE MORE FEASIBLE, AS YOU
SAID.
MR. ENGLEBRIGHT: THEY ARE FASTER, BY THE WAY.
MR. DURSO: WELL, THAT DOESN'T MATTER TO ME.
MR. ENGLEBRIGHT: I'M A MOTOR HEAD, SO I -- I
APPRECIATE --
MR. DURSO: WELL, THAT WILL COME INTO MY -- MY
LAST QUESTION.
MR. ENGLEBRIGHT: I APPRECIATE WHAT INTERNAL
COMBUSTION MOTORS CAN DO, BUT I AM ASTONISHED AT THE SPEED OF -- OF
SOME OF THE -- THE ELECTRIC VEHICLES THAT ARE ON THE MARKETPLACE NOW.
MR. DURSO: I WOULD AGREE WITH YOU. BUT THE
MOTORCYCLES DON'T MAKE THE SAME SOUND.
MR. ENGLEBRIGHT: THAT'S THE PROBLEM.
MR. DURSO: THAT'S -- THAT IS TRUE.
MR. ENGLEBRIGHT: (INAUDIBLE.)
MR. DURSO: MAYBE WE CAN FIGURE OUT SOMETHING
WITH THAT.
MR. ENGLEBRIGHT: -- THAT SOUND AND PLAY IT
BACK.
MR. DURSO: RIGHT. THE SOUND IS A BIG PART OF IT.
BUT SO I -- I -- LIKE WE HAD SAID, THE -- SO BY 2035 THERE'S NOTHING THAT'S
WITHIN THESE -- THIS BILL OR LAST YEAR'S BILL THAT COMPLETELY ENACTS THAT
WHERE WE HIT THIS GOAL SOMEWHERE IN THERE BY NYSERDA NOW THAT
58
NYS ASSEMBLY JANUARY 25, 2022
WE'LL BE DECIDING IF THAT IT AUTOMATICALLY BECOMES LAW AND THERE'S NO
MORE GAS VEHICLES THAT CAN BE SOLD. NOTHING IN EITHER ONE OF THESE BILLS
HAS THAT IN IT, CORRECT?
MR. ENGLEBRIGHT: THAT'S CORRECT.
MR. DURSO: OKAY. SO, JUST FOR CLARIFICATION ALSO,
YOU SAID OFF-ROAD VEHICLES, RIGHT? I -- MY FIRST QUESTION IS WHY ARE WE
NOW ADDING IN OFF-ROAD VEHICLES THAT WEREN'T IN THERE BEFORE? ARE -- TO
YOUR KNOWLEDGE, DO OFF-ROAD VEHICLES REALLY CAUSE -- WELL, AND THE
AMOUNT OF OFF-ROAD VEHICLES THAT WE HAVE IN NEW YORK STATE AND I
KNOW ON LONG ISLAND, WE DON'T HAVE A TON OF THEM, OBVIOUSLY. THEY'RE
MORE TO UPSTATE AND FARMLAND. BUT THE -- WHAT WAS THE REASONING WHY
YOU'VE ADDED OFF-ROAD VEHICLES INTO THIS?
MR. ENGLEBRIGHT: THEY -- THEY WEREN'T ADDED.
THEY'VE BEEN THERE ALL ALONG. THERE'S JUST BEEN A CLARIFICATION.
MR. DURSO: OKAY.
MR. ENGLEBRIGHT: SO LET ME REINFORCE THAT
CLARIFICATION; THIS ISN'T A NEW ADD TO -- TO THE UNDERLYING LEGISLATION.
MR. DURSO: SO THIS WAS IN THE ORIGINAL LEGISLATION?
MR. ENGLEBRIGHT: YES, IT WAS.
MR. DURSO: OKAY. JUST -- JUST FOR A POINT OF CLARITY
ONLY BECAUSE YOU SAID IT WITHIN THE LAST DEBATE, SO I HAVE TO ASK. YOU
SAID ANYTHING WITH WHEELS, RIGHT? SO I KNOW --
MR. ENGLEBRIGHT: OR PROPELLERS. MAYBE A
HOVERCRAFT OF THE 1950'S PERHAPS.
MR. DURSO: SO -- SO MY QUESTION WOULD BE, OUR
59
NYS ASSEMBLY JANUARY 25, 2022
BOATS, RIGHT? WE LIVE ON LONG ISLAND, RIGHT? WE HAVE A BIG, VERY
LARGE BOATING COMMUNITY. WOULD BOATS -- AND AGAIN, I KNOW THIS IS NOT
A MANDATE AND THIS IS NOT SOMETHING BY 2035, THIS IS GOING TO BE
COMPLETELY ENACTED, IT --
MR. ENGLEBRIGHT: OTHER THAN -- THAN ANTIQUE
AMPHICARS, BOATS ARE NOT INCLUDED.
MR. DURSO: OKAY.
MR. ENGLEBRIGHT: AND ANTIQUES ARE PROBABLY
NOT INCLUDED SIMPLY BECAUSE OF THE WAY THE BILL IS WRITTEN. IF YOU'RE
BUYING A NEW -- BUYING ANOTHER VEHICLE IN 2035 YOU CAN BUY AN
ANTIQUE OR PRE-USED VEHICLE. THAT'S -- THAT'S NOT GOING TO BE OUTSIDE OF
THE EXPECTATION OF THIS LAW.
MR. DURSO: UNDERSTOOD. SO AGAIN, SIR, I THANK YOU
FOR YOUR TIME.
MR. ENGLEBRIGHT: MY PLEASURE.
MR. DURSO: I'M GOING TO ASK ONE MORE TIME JUST SO
I HAVE IT ON THE RECORD. IF AND WHEN AND IF 2035 ROLLS AROUND AND
NYSERDA SAYS IT IS NOW FEASIBLE TO ONLY HAVE ELECTRIC VEHICLES SOLD
IN NEW YORK STATE, THERE IS NOTHING IN EITHER ONE OF THESE CURRENT BILLS,
THE ONES THAT WE'RE VOTING ON TODAY OR THE ONE LAST YEAR, THAT WOULD
ENACT THAT WITHOUT THE LEGISLATURE VOTING ON IT, CORRECT?
MR. ENGLEBRIGHT: IT WOULD NOT REQUIRE
AUTOMATIC -- OR LEAD TO AUTOMATIC CONVERSION OF FEASIBILITY INTO A
MANDATE, NO.
MR. DURSO: RIGHT. SO WE -- THE LEGISLATURE WOULD
60
NYS ASSEMBLY JANUARY 25, 2022
HAVE TO RECONVENE AND VOTE ON A SEPARATE PIECE OF LEGISLATION --
MR. ENGLEBRIGHT: IF WE MAKE THIS INTO A
MANDATE IT WOULD BE A COMPLETELY DIFFERENT PIECE OF LAW.
MR. DURSO: A DIFFERENT LAW, A DIFFERENT BILL THAT
WE WOULD NOW BE SAYING NOW IN NEW YORK STATE WE ARE NO LONGER
SELLING COMBUSTION ENGINE VEHICLES, WE'RE NOW ONLY SELLING ELECTRIC,
THAT WOULD BE A COMPLETELY SEPARATE BILL AS OPPOSED TO WHAT WE'RE
DOING HERE.
MR. ENGLEBRIGHT: IT IS A COMPLETELY SEPARATE
LINE OF POSSIBILITY. THIS ONE DOES NOT INEVITABLY LEAD TO THAT.
MR. DURSO: THANK YOU SO MUCH FOR YOUR TIME, SIR.
I APPRECIATE IT.
MR. ENGLEBRIGHT: MY PLEASURE.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. WOULD THE SPONSOR YIELD FOR A QUESTION?
ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL
YOU YIELD?
MR. ENGLEBRIGHT: I YIELD.
MRS. PEOPLES-STOKES: SO WOULD THIS LEGISLATION
ALLOW MY CURRENT VEHICLES THAT MAYBE USE A LITTLE BIT OF GAS AND MORE
ELECTRICITY TO STILL BE OPERATING?
MR. ENGLEBRIGHT: YES.
MRS. PEOPLES-STOKES: IN THE STATE OF NEW
YORK?
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NYS ASSEMBLY JANUARY 25, 2022
MR. ENGLEBRIGHT: I BELIEVE THE ANSWER IS YES.
MRS. PEOPLES-STOKES: YES. THANK YOU. AND
SO WHAT YOU HOPE TO SEE HAPPEN IN 2035 IS THAT THERE WOULD BE NO GAS
USE AT ALL, OR SMALLER PORTIONS OF GAS BEING USED?
MR. ENGLEBRIGHT: IT'S NOT WHILE I HOPE. I CAN
TELL YOU WHAT I HOPE. I HOPE THAT THE ONLY COMBUSTION ENGINES THAT ARE
IN USE ARE, YOU KNOW, ON SATURDAY GOING TO THE ANTIQUE CAR SHOW. BUT
THAT'S JUST WHAT I HOPE. WHAT THIS LEADS US TOWARD IS A CHANGE TAKING
PLACE IN THE MARKETPLACE THROUGH THE PROCESS OF INFORMING AND
ENGAGING OUR PUBLIC AND THEIR BUYING HABITS, IN CONSULTATION WITH THE
CROSS-FERTILIZATION OF THOUGHT BETWEEN MANY OF THE STATE AGENCIES THAT
ARE STAKEHOLDERS GOVERNMENTALLY, AND TO WORK IN A COOPERATIVE WAY
TOWARD A COMMON GOAL BECAUSE IT MAKES SENSE. BECAUSE IF WE DON'T
DO THAT, INCREASINGLY WE'RE SEEING THAT THE CONSEQUENCES ARE TERRIBLE.
MRS. PEOPLES-STOKES: THANK YOU, SIR. SO DO
YOU KNOW HOW MANY AMERICAN MANUFACTURERS ARE INTENT ON MEETING A
2035 GOAL OF ELECTRIC VEHICLES WITHOUT EMISSIONS?
MR. ENGLEBRIGHT: I DON'T KNOW HOW MANY WILL
BE AVAILABLE. I KNOW THAT IT ISN'T JUST TESLA. IF YOU READ THE CAR
MAGAZINES YOU'LL SEE THERE ARE MORE THAN A DOZEN MAJOR MANUFACTURERS
NOW THAT ARE MARKETING JUST SPORTS CARS FOR ELECTRIC USE. SO THIS IS AN
EXPANDING MARKET, TO SAY THE LEAST. IT'S AN EXPLODING MARKET. AND IT IS
BECOMING PRETTY CLEAR THAT IF YOU DRIVE AN ELECTRIC VEHICLE THAT YOU
HAVE THE COOL CAR ON THE BLOCK. SOCIOLOGICALLY, FROM A POINT OF HISTORY,
THAT HAS LED TO CAR SALES. SO I ANTICIPATE THAT WILL CONTINUE.
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NYS ASSEMBLY JANUARY 25, 2022
MRS. PEOPLES-STOKES: THANK YOU, SIR. I
APPRECIATE YOUR RESPONSE.
MR. SPEAKER, ON THE BILL. I DO WANT TO MENTION THAT IN
JANUARY 2021, GENERAL MOTORS ACTUALLY STATED THAT THEY PLAN TO HAVE
THEIR CARS ELECTRIC BY 2035. AND -- AND THIS JANUARY OF 2022, A RECENT
ANNOUNCEMENT WAS THAT THEY WERE GOING TO BUILD THESE ELECTRIC CARS IN
A LOCKPORT, NEW YORK PLANT THAT THEY'VE CURRENTLY BUILT CARS IN BY
2035. WHICH AS YOU KNOW, MR. SPEAKER, LOCKPORT IS ONE OF THE GREAT
MUNICIPALITIES WITHIN OUR COMMUNITY. IT PROVIDES A LOT OF JOBS FOR A LOT
OF PEOPLE. AND SO I'M ENCOURAGED BY THIS LEGISLATION. AND I BELIEVE
THAT BY THE TIME THIS LEGISLATION GETS EVEN CLOSE TO 2035, THERE WILL BE
MULTIPLE MANUFACTURERS WHO WILL BE DOING EXACTLY WHAT MY COLLEAGUE
HERE IS INTRODUCING AND ASKING PEOPLE TO DO BECAUSE IT IS THE WAY OF THE
FUTURE. AND NOT JUST ISN'T THE MARKET GOING THAT WAY BUT CONSUMERS ARE
GOING THAT WAY AS WELL.
SO, I'M EXCITED ABOUT VOTING FOR THIS BILL AGAIN. I
APPRECIATE THAT THE SPONSOR DID ALLOW FOR OPPORTUNITIES FOR A CHAPTER
AMENDMENT, BUT I SAY LET'S GO, IT'S TIME, AND WE NEED TO BE READY.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU VERY
MUCH, MRS. PEOPLES-STOKES.
MR. ENGLEBRIGHT.
MR. ENGLEBRIGHT: THANK YOU, MR. SPEAKER. I
JUST HAVE A REAL QUICK FINAL THOUGHT. I JUST WANT TO EXPRESS
APPRECIATION FOR ALL THAT I'VE HEARD HERE TODAY IS VERY THOUGHTFUL
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NYS ASSEMBLY JANUARY 25, 2022
COMMENTS FROM BOTH SIDES OF THE AISLE. I WANT TO THANK MY COLLEAGUES
FOR THE INVESTMENT OF YOUR TIME AND THOUGHT INTO THIS CRITICAL MATTER. I
ALSO WANT TO SAY THANK YOU TO THE GOVERNOR. GOVERNOR HOCHUL'S
APPROACH THAT HAS LED TO THE MATTER BEFORE US HERE, THIS AMENDMENT,
HAS ALSO BEEN VERY THOUGHTFUL AND CONSIDERATE. I JUST WANT TO EXPRESS
MY APPRECIATION TO ALL INVOLVED. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7788. THIS IS A PARTY VOTE. ANY MEMBER WHO
WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR CONFERENCE POSITION IS
REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO
SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE SO WE
CAN PROPERLY RECORD YOUR VOTE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
AND MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I'D LIKE TO
REMIND MY COLLEAGUES THAT THIS IS A PARTY VOTE AND WE WOULD
ENCOURAGE THE MAJORITY BE VOTING WITH US ON THIS ITEM. HOWEVER,
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NYS ASSEMBLY JANUARY 25, 2022
SHOULD THERE BE SOME COLLEAGUES THAT WOULD LIKE TO DO OTHERWISE,
PLEASE FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND YOUR VOTE
-- VOTE WILL BE PROPERLY RECORDED.
ACTING SPEAKER AUBRY: THANK YOU BOTH.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. I -- I APPRECIATE
MY COLLEAGUE'S GOAL TO FOCUS ON ZERO-EMISSION VEHICLES STARTING IN
2035. WHAT I -- I FIND PERPLEXING IS THAT THE INFORMATION I'VE SEEN
INDICATES THAT IN ORDER TO CONVERT OUR TRANSPORTATION (INAUDIBLE) TO
ZERO-EMISSION VEHICLES, ELECTRIC VEHICLES, WOULD REQUIRE AN INCREASE IN
THE CAPACITY OF NEW YORK STATE'S ELECTRICAL FACILITIES BY 72 TERAWATTS.
TO PUT THAT IN PERSPECTIVE, THE CURRENT ENTIRE ELECTRICAL CAPACITY IN NEW
YORK STATE IS ABOUT 54 TERAWATTS. WHICH MEANS WE WOULD HAVE TO
MORE THAN DOUBLE THE AMOUNT OF ELECTRICITY PRODUCED AND TRANSPORTED
IN NEW YORK STATE TO MEET THIS TYPE OF GOAL. AND THIS GOAL WAS THAT IN
JUST 13 YEARS WE'LL ELECTRIFY OUR TRANSPORTATION. IF WE'RE SERIOUS ABOUT
THAT, WE NEED TO START NOW IN ENCOURAGING AND DEVELOPING ENOUGH
POWER TO MEET THAT NEED. AND NOT JUST IMPORTED POWER FROM OTHER
STATES THAT HAVE LOWER ENVIRONMENTAL STANDARDS. AND THAT MEANS WE'VE
GOT TO BE TALKING ABOUT THE EQUIVALENT OF ABOUT 25 NUCLEAR POWER PLANTS
TO BE CONSTRUCTED WITHIN THE NEXT TEN YEARS OR WE JUST WON'T HAVE
ENOUGH ELECTRICITY. AND WHILE I APPRECIATE THE GREAT STRIDES WE'RE
TRYING TO ACHIEVE WITH SOLAR AND WIND, THE TRUTH OF THE MATTER IS
EVERYONE GETS HOME AFTER WORKING ALL DAY, THEY WANT TO PLUG IN THEIR
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NYS ASSEMBLY JANUARY 25, 2022
ELECTRIC CAR AT NIGHT AND CHARGE IT UP. AND 72 TERAWATTS IS A LOT OF
POWER. MORE THAN DOUBLE WHAT WE CURRENTLY PRODUCE AND TRANSPORT.
SO WHILE I APPRECIATE THESE GOALS, I'D LOVE TO SEE SOME
IMPLEMENTATION THAT WOULD MAKE THEM A REALITY. IN THE MEANTIME,
EVERYONE ELSE IS MAKING PLANS ABOUT WHETHER THEY'RE GOING TO LOCATE
HERE OR BUILD HERE OR FARM HERE, AND THOSE PLANS ARE NOT BASED ON THE
SPECULATIVE AT THIS POINT IN PRACTICAL LEGISLATION. FOR THAT REASON I
OPPOSE IT.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MR. OTIS TO EXPLAIN HIS VOTE.
MR. OTIS: WELL, THANK YOU. AND I WANT TO THANK
CHAIR ENGLEBRIGHT FOR HIS PRESENTATION AND EVERYBODY FOR THEIR
QUESTIONS. IN 2019 WE PASSED REALLY NATION-LEADING LEGISLATION TO DEAL
WITH CLIMATE CHANGE. BUT HONESTLY, THAT WAS THE EASY PART. THAT WAS
GOALS AND TARGETS. WHAT WE HAVE TO DO IS WE HAVE TO REMOVE FROM THE
AIR THE (INAUDIBLE) AND POLLUTANTS, THE GREENHOUSE GASES, THAT CREATE
THIS PROBLEM. AUTOMOBILES, TRUCKS, BUSES ARE A MAJOR PART OF THAT.
AND SO WE -- WE ARE TAKING ANOTHER STEP WITH THIS LEGISLATION AND THE
LEGISLATION WE PASSED LAST YEAR, BUT THE TECHNOLOGY THAT WE HAVE TODAY
ISN'T GOING TO SOLVE -- THE ELECTRIC CARS THAT WE HAVE TODAY ARE NOT GOING
TO BE THE ELECTRIC CARS WE HAVE 15 YEARS FROM NOW BECAUSE THERE WILL
BE NEW INVENTIONS AND NEW ADVANCES. BUT WE HAVE TO GET MOVING. IF
YOU SPEAK TO THE CAR MANUFACTURERS, IF YOU SPEAK TO THE CAR DEALERS, IF
66
NYS ASSEMBLY JANUARY 25, 2022
YOU SPEAK TO THE FOLKS THAT PRODUCE ELECTRICAL VEHICLE CHARGING STATIONS
AROUND THE COUNTRY, THEY ALL SAY, WE ARE MOVING FULL STEAM AHEAD.
NEW YORK HAS TO BE THERE. THE BIGGEST REASON PEOPLE DON'T BUY
ELECTRIC CARS IS BECAUSE THERE ISN'T THE RANGE ON THE VEHICLES AND WE
DON'T HAVE THE CHARGING CAPACITY TO DEAL WITH IT, AND THAT'S SOMETHING
ELSE WE'LL BE DEALING WITH THIS YEAR. BUT THIS IS AN IMPORTANT
LEGISLATION AND WE HAVE TO MOVE AHEAD. AND THERE IS HOPE, BECAUSE IN
THE GOVERNOR'S BUDGET AND IN THE FEDERAL INFRASTRUCTURE BILL THERE'S A
BIG PRIORITY TO DEAL WITH ELECTRIC VEHICLES AND TRYING AND PROMOTE THIS
TO EXPAND USAGE AROUND THE COUNTRY AND TO GET THOSE CHARGING STATIONS
OUT THERE.
I'M PROUD TO VOTE IN FAVOR OF THIS BILL, BUT WE HAVE A
LOT TO WORK TO DO. WE HAVE TO CLEAN UP THE AIR AND CLEAN UP THESE
GREENHOUSES GASES OR ELSE WE'RE GOING TO BE IN BIG TROUBLE. THANK YOU,
MR. ENGLEBRIGHT, AND THANK YOU FOR ALLOWING ME TO SPEAK. I VOTE AYE.
ACTING SPEAKER AUBRY: MR. OTIS IN THE
AFFIRMATIVE.
MR. SMULLEN.
MR. SMULLEN: THANK YOU, MR. SPEAKER, TO
EXPLAIN MY VOTE.
ACTING SPEAKER AUBRY: PROCEED.
MR. SMULLEN: I JUST WANT TO SAY THAT THERE IS NO
SUCH THING AS A ZERO-EMISSION VEHICLE. YOU ALWAYS MUST ASK YOURSELF,
WHERE DOES THE ELECTRICITY COME FROM? IT COMES FROM A VARIETY OF
POWER SOURCES INCLUDING SOME RENEWABLES LIKE HYDROPOWER, WHICH IS
67
NYS ASSEMBLY JANUARY 25, 2022
20 PERCENT OF NEW YORK'S RENEWABLE ENERGY SUCH AS SOLAR PANELS AND
WIND. IT COMES FROM NATURAL GAS AND IT COMES FROM OTHER STATES AROUND
OUR GREAT STATE OF NEW YORK. ALL OF OUR POWER ISN'T PRODUCED HERE.
WE'RE PLANNING, IN FACT, ON BRINGING SOME OF IT FROM CANADA TO SUPPORT
NEW YORK CITY IN THE FUTURE. BUT THAT ELECTRICITY COMES AT A COST. JUST
LIKE IN ECONOMICS WHERE THERE'S NO FREE LUNCH, THERE IS NO FREE
ELECTRICITY. AND THAT MIX OF ELECTRICITY IS VERY IMPORTANT. NOW, THIS
BILL IS A GOAL BILL, AND IT SETS VERY LOFTY GOALS WHICH I THINK ARE
TECHNOLOGICALLY BEYOND THE MARKET AND THE PHYSICS OF THE PROBLEM OF
TODAY. THAT'S WHY I ARGUE SO STRENUOUSLY THAT WE NEED TO BE CAREFUL
AND HASTE IN SLOWLY INTO THIS -- THIS GOAL SYSTEM WE HAVE. AND THE
REASON IS, IF YOU JUST -- ALTHOUGH THIS IS A CARROT, THERE'S A STICK RIGHT
BEHIND IT. THAT STICK IS A CARBON TAX, AND THAT'S ASSEMBLY BILL A.77
WHICH HAS BEEN CURRENTLY INTRODUCED LAST YEAR AND IN THIS BODY THIS
YEAR, WHICH IS GOING TO TAX NEW YORKERS APPROXIMATELY $15 MILLION
FOR THE CARBON THAT THEY USE. SO THIS GOAL BILL, THIS CARROT, SEEMS LIKE A
-- LIKE A GOOD THING, BUT WHEN IN REALITY FOR NEW YORKERS, EVERYDAY
AVERAGE NEW YORKERS, THE CARBON TAX IS THE STICK WHICH IS GOING TO
COMPEL THEM TO MAKE THIS DEMAND DESTRUCTION, THIS DEMAND SIGNAL THAT
WE'RE SETTING BY REGULATORS SO ONEROUS.
FOR THAT REASON I URGE ALL OF MY COLLEAGUES TO VOTE NO
AND I WILL CERTAINLY BE DOING SO TODAY. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. SMULLEN IN THE
NEGATIVE.
MR. GANDOLFO TO EXPLAIN HIS VOTE.
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NYS ASSEMBLY JANUARY 25, 2022
MR. GANDOLFO: THANK YOU, MR. SPEAKER, AND
THANK YOU TO THE SPONSOR FOR SOME OF THE CLARIFICATIONS WE HEARD TODAY.
I SUPPORTED THE ORIGINAL BILL BECAUSE I PERSONALLY READ IT AS A GOAL, NOT
A MANDATE (INAUDIBLE). SO I DO APPRECIATE THE CLARIFICATION AND I'M
GOING TO SUPPORT THIS CHAPTER AMENDMENT AS WELL. THIS LEGISLATION,
THERE'S BEEN SOME MISREPORTING OF IT IN THE MEDIA AS AN OUTRIGHT BAN ON
GAS-POWERED VEHICLES IN THE STATE OF NEW YORK. SO WHAT THE SPONSOR
CLARIFIED FOR US TODAY IS THAT THIS IS SETTING A GOAL AND DIRECTING STATE
AGENCIES TO DEVELOP A MARKET STRATEGY TO GET US TO THAT GOAL.
COME 2035, GAS CARS AND GAS VEHICLES WILL NOT BE
BANNED WITHOUT A SEPARATE ACT OF THE LEGISLATURE, AND FOR THAT REASON
I'M HAPPY TO SUPPORT THIS LEGISLATION. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. GANDOLFO IN THE
AFFIRMATIVE.
MS. GLICK.
MS. GLICK: THANK YOU, MR. SPEAKER, TO EXPLAIN MY
VOTE. I DON'T THINK THERE'S ANY QUESTION BUT THAT WE HAVE TO MOVE
TOWARDS RENEWABLE ENERGY AND THE USE OF ELECTRIC. NOW, BETWEEN NOW
AND THEN, YES, WE MIGHT HAVE SOME DIRTY FUELS THAT ARE GENERATING THE
ELECTRICITY. BUT THAT WILL BE EASIER TO DEAL WITH THE EMISSIONS FROM A
PARTICULAR LOCATION RATHER THAN HAVING THE FUELS AND VOLATILE ORGANIC
COMPOUNDS GENERATED ALL AROUND US. SO, YES, WE'RE GOING TO HAVE TO
MAKE SOME CHANGES. WE HAVE TO START MAKING THEM NOW. WE CAN'T BE
SITTING ON OUR HANDS. AND I'D LIKE TO HAVE AN ELECTRIC VEHICLE. AND WE
HAVE BEEN PRESSING MR. EPSTEIN -- MY COLLEAGUE, RATHER, IN FRONT OF ME
69
NYS ASSEMBLY JANUARY 25, 2022
AS OPPOSED TO HIS NAME. WE HAVE BEEN PRESSING THE CITY TO HAVE MORE
CHARGING STATIONS AVAILABLE BECAUSE OF PEOPLE'S CONCERN ABOUT ACCESS.
IF YOU LIVE IN A HOUSE YOU MIGHT BE ABLE TO HAVE A CHARGER IN YOUR
GARAGE, BUT IF YOU LIVE IN AN APARTMENT BUILDING YOU'VE GOT FEWER
OPTIONS. BUT THIS IS THE WAVE OF THE FUTURE AND IT'S TIME THAT WE GET
MOVING. AND WE CAN DEAL WITH THE EMISSIONS IN A FIXED LOCATION MUCH
MORE READILY.
SO I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
AFFIRMATIVE.
MR. EPSTEIN.
MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO
EXPLAIN MY VOTE. I JUST WANT TO APPLAUD THE SPONSOR'S EFFORTS HERE TO
GET US TO ZERO-EMISSIONS VEHICLES. WE SAID HERE TWO YEARS AGO THAT WE
NEED TO DEAL WITH CLIMATE CHANGE. WE NEED TO HAVE A COMPREHENSIVE
SOLUTION. THE HARD WORK IS ISSUE BY ISSUE BY ISSUE DEALING WITH IT. AS
WE'VE HEARD SPEAKERS BEFORE, WE NEED TO GRAPPLE WITH IT. THIS GETS IT
TO THAT GOAL. WE -- THIS IS NOT GOING TO BE THE ONLY SOLUTION. WE HAVE
TO HAVE MULTIPLE SOLUTIONS. BUT MAKING SURE PEOPLE ACROSS THIS GREAT
STATE WILL BE ABLE TO BUY ELECTRIC VEHICLES IS A DIRECTION WE ALL NEED TO
GO ON. I WANT TO APPLAUD THIS EFFORT BECAUSE WE NOW HAVE SET A
DEADLINE TO MAKE SURE THAT HAPPENS. NOW WE HAVE TO LIVE UP TO THAT
DEADLINE FOR OUR KIDS AND OUR GRANDKIDS AND OUR FUTURE.
THANK YOU. I VOTE IN FAVOR OF THE BILL.
ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE
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NYS ASSEMBLY JANUARY 25, 2022
AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
COLLEAGUES MR. BROWN AND MR. SIMPSON IN THE AFFIRMATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY. SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 4, RULES REPORT NO. 22.
THE CLERK: ASSEMBLY NO. A08727, RULES REPORT
NO. 22, BRONSON. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO THE
PAYMENT OF PREVAILING WAGE FOR WORK INVOLVING THE DELIVERY TO AND
HAULING OF AGGREGATE SUPPLY CONSTRUCTION MATERIALS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BRONSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION IS REQUESTED, MR. BRONSON.
MR. BRONSON: YES, MR. SPEAKER. THIS BILL IS A
CHAPTER AMENDMENT TO A BILL THAT WE PASSED LAST YEAR, AND IT WOULD
PROVIDE FOR A PREVAILING WAGE PUBLIC WORKS -- WORK SITES FOR WORK
INVOLVING THE HAULING AND DELIVERY OF AGGREGATE SUPPLY MATERIALS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
71
NYS ASSEMBLY JANUARY 25, 2022
ACTING SPEAKER AUBRY: MR. BRONSON, WILL
YOU YIELD?
MR. BRONSON: YES, I WILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU VERY MUCH, MR.
BRONSON. AS I UNDERSTAND THIS AMENDMENT, IT CLARIFIES THE SCOPE OF THE
ORIGINAL BILL BY MAKING IT CLEAR THAT THE TRANSPORTATION OF RAW MATERIALS
OR PRODUCTS FOR CONSTRUCTION ONLY APPLIES TO PUBLIC WORK WORK SITES.
NOT THE ENTIRE PROJECT, BUT THE WORK THAT'S ON THE WORK SITE OR BETWEEN
THE WORK SITE AND A COMMON STORAGE AREA; IS THAT CORRECT?
MR. BRONSON: YEAH. THE CHANGE IN THIS CHAPTER
AMENDMENT IS BECAUSE IT -- IT WAS CONSIDERED IN OUR DISCUSSIONS THAT A
PROJECT REALLY ISN'T A PHYSICAL LOCATION, IT'S CONCEPT. AND SO THE DESIRE
IN -- IN PARTICULAR BY THE GOVERNOR'S TEAM WAS THAT WE BE MORE SPECIFIC
AND -- AND CALL IT A WORK SITE INSTEAD OF A PROJECT.
MR. GOODELL: I SEE. THANK YOU VERY MUCH FOR
THAT CLARIFICATION.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: AS THE SPONSOR NOTED, THIS CHAPTER
AMENDMENT CLARIFIES THAT PREVAILING WAGE WOULD APPLY TO THE
TRANSPORTATION OF MATERIALS AT A WORK SITE OR BETWEEN A WORK SITE AND A
COMMON STORAGE AREA. AND THAT CLARIFICATION IS IMPORTANT BECAUSE
OTHERWISE THE -- THERE COULD BE CONFUSION ABOUT WHETHER OR NOT YOU
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NYS ASSEMBLY JANUARY 25, 2022
WOULD HAVE TO PAY PREVAILING WAGES, FOR EXAMPLE, ON A TRANSPORTATION
FROM CALIFORNIA TO NEW YORK OF LUMBER. AND THIS MAKES IT CLEAR THAT
WE'RE TALKING ABOUT SITE-SPECIFIC APPLICATION OF PREVAILING WAGES RATHER
THAN A PREVAILING WAGE REQUIREMENT THAT MIGHT EVEN BE INTERNATIONAL IN
SCOPE. AND WITH THAT CLARIFICATION I THINK THE BILL HAS ADDRESSED A LOT
OF THE CONCERNS THAT WERE RAISED LAST YEAR, AND I APPRECIATE THE
COMMENTS OF MY COLLEAGUE IN CLARIFYING THIS. LAST YEAR THERE WERE 31
NO VOTES, BUT I THINK THIS CLARIFICATION CERTAINLY HAS CHANGED MY
POSITION AND I WILL BE SUPPORTING IT AND RECOMMENDING IT TO MY
COLLEAGUES.
THANK YOU AGAIN TO THE SPONSOR, AND THANK YOU, MR.
SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 7811. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. MANKTELOW TO EXPLAIN HIS VOTE.
MR. MANKTELOW: THANK YOU, MR. SPEAKER. I
AGAIN AGREE WITH MY COLLEAGUE, AND I WANT TO THANK THE SPONSOR OF THIS
BILL THAT HE WAS ABLE TO MAKE THE CHANGES THAT WE BROUGHT UP, THAT HE
LISTENED AND HE WAS WILLING TO WORK WITH THE BETTERMENT OF NEW YORK
STATE. SO I JUST WANT TO SAY TO THE SPONSOR THANK YOU VERY MUCH FOR
73
NYS ASSEMBLY JANUARY 25, 2022
DOING THAT. THANK YOU FOR MOVING IT FORWARD THIS WAY, AND I WILL BE
VOTING YES TODAY.
SO AGAIN, THANK YOU. AND THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. PLEASE
RECORD MY COLLEAGUES MR. DIPIETRO, MR. FITZPATRICK, MR. FRIEND AND
MR. TAGUE IN THE NEGATIVE ON THIS.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED. THANK
YOU.
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 OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE CERTAINLY HAVE
SOME HOUSEKEEPING FIRST AND SOME FINE RESOLUTIONS AFTERWARDS.
ON A MOTION BY MS. ROZIC, PAGE 13, CALENDAR NO. 34,
BILL NO. A.477, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MS. BICHOTTE HERMELYN, PAGE 38,
CALENDAR NO. 176, BILL NO. A.5531, AMENDMENTS ARE RECEIVED AND
ADOPTED.
ON A MOTION BY MR. GOTTFRIED, PAGE 41, RULES --
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NYS ASSEMBLY JANUARY 25, 2022
CALENDAR NO. 190, BILL NO. A.5841-A, AMENDMENTS ARE RECEIVED AND
ADOPTED.
WE HAVE A RESOLUTION, 510, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 510, MR. JENSEN.
LEGISLATIVE RESOLUTION CELEBRATING THE LIFE AND LEGACY
OF SERGEANT GARY BEIKIRCH.
ACTING SPEAKER AUBRY: MR. JENSEN ON THE
RESOLUTION.
MR. JENSEN: THANK YOU, MR. SPEAKER. I RISE THIS
AFTERNOON TO RECOGNIZE THE LIFE AND LEGACY OF SERGEANT GARY BEIKIRCH.
ON DECEMBER 26TH OF 2021, GARY BEIKIRCH PASSED AWAY. ONE OF THE
TOWN OF GREECE'S IN MONROE COUNTY'S GREATEST SONS, GARY LEFT AN
INDELIBLE IMPACT ON OUR COMMUNITY, OUR STATE, OUR NATION, AND ALL
THOSE WHO WERE PRIVILEGED TO SPEND A MOMENT OF TIME WITH HIM.
IN 1973 SERGEANT BEIKIRCH WAS AWARDED THE MEDAL OF
HONOR FOR ACTION PERFORMED THREE YEARS PRIOR IN VIETNAM AT CAMP DAK
SEANG WHERE HE DEFENDED HIS FELLOW SOLDIERS, HIS -- HIS COMRADES AND
VIETNAMESE VILLAGERS, SAVING LIVES WHILE SUSTAINING LIFE-THREATENING
INJURIES OF HIS OWN. THOSE ACTIONS IN AND OF THEMSELVES WOULD BE
WORTHY OF RECOGNITION BY THIS BODY AND BY THIS STATE. AND CERTAINLY, I
COULD USE MUCH MORE TIME THAN I HAVE TO DESCRIBE HIS HEROISM THAT
DAY. BUT AFTER HIS DEDICATION TO SERVICE FOR OUR NATION IN UNIFORM,
GARY CONTINUED TO DEVOTE HIS LIFE TO THE BENEFIT AND SERVICE OF OTHERS.
FOR OVER 30 YEARS HE WAS A MIDDLE SCHOOL COUNSELOR IN THE GREECE
CENTRAL SCHOOL DISTRICT, CHANGING THE LIVES OF THOUSANDS OF THE
75
NYS ASSEMBLY JANUARY 25, 2022
STUDENTS HE WORKED WITH ON A DAILY BASIS. HE WAS A CO-FOUNDER OF THE
VETERANS OUTREACH CENTER (INAUDIBLE) OPEN ITS DOORS TO TODAY AND FOR
MANY YEARS IN THE FUTURE, HAS SERVED VETERANS AMONG OUR COUNTY AND
ACROSS OUR REGION WITH EVERY NEED THAT THEY MAY ENCOUNTER AS THEY TRY
TO REENTER SOCIETY AND FIND SOME NORMALCY IN THEIR DAILY LIFE. HE WAS
INVOLVED IN HIS CHURCH AND THE FAITH COMMUNITY. HE WAS AN ORDAINED
MINISTER. HE DEVOTED HIMSELF TO COUNTLESS VETERANS ORGANIZATIONS AND
OTHER COMMUNITY GROUPS THAT HELPED TO MAKE THE LIVES OF OTHER PEOPLE
BETTER.
AT HIS FUNERAL SERVICE A FEW WEEKS AGO, I WAS TOUCHED
AS -- AS MANY SPEAKERS TALKED ABOUT GARY BEIKIRCH AND HOW HE LIVED
HIS LIFE. AND THE OVERWHELMING MESSAGE WAS THAT HE LIVED A LIFE THAT
WAS GUIDED BY ABOVE. LOVE OF HIS FELLOW MAN, GOD'S LOVE FOR HIM.
FOR HIS LIFE AND HIS SERVICE FOR OTHERS WAS MADE POSSIBLE BECAUSE A
15-YEAR-OLD VIETNAMESE BROTHER-IN-ARMS SACRIFICED HIS OWN LIFE BY
SHIELDING SERGEANT GARY BEIKIRCH ON THE FIELD OF BATTLE. GARY'S SERVICE
AND LIFETIME DEDICATION TO OTHERS WERE GUIDED BY THAT LOVE A YOUNG
MAN NAME DAO SHOWED HIM AND THE SACRIFICE OF HIS OWN LIFE FOR HIS.
HE WANTED TO MAKE SURE HIS LIFE WAS WORTHY OF THAT LOVE AND THAT
SACRIFICE.
MY THOUGHTS AND PRAYERS TODAY AND FOR THE FUTURE WILL
BE WITH GARY'S WIFE LOLLY, WHO AFTER COMING HOME FROM WAR AND
ENDURING WHAT WE WOULD CALL POST-TRAUMATIC STRESS, GARY BEIKIRCH
WENT TO SEMINARY IN NEW HAMPSHIRE WHERE HE LITERALLY LIVED IN A CAVE.
AND IT WAS LOVE OF LOLLY THAT BROUGHT HIM OUT OF THE DARKNESS AND INTO
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THE LIGHT. MY THOUGHTS AND PRAYERS ARE WITH HIS THREE CHILDREN, HIS 14
GRANDCHILDREN AND HIS GREAT-GRANDCHILD, HIS BROTHERS- AND
SISTERS-IN-ARMS AND OUR COMMUNITY AND THE PEOPLE WHO LIVE THERE
WHO'VE BEEN TOUCHED AND HAD THEIR LIVES CHANGED BY GARY BEIKIRCH'S
LOVE.
WHILE GARY MAY BE GONE AND NO LONGER WITH US, OUR
COMMUNITY, OUR NATION, ARE A BETTER PLACE BECAUSE OF HIM. AND WHILE
HE MAY BE GONE, MAY HIS LEGACY OF LOVE LIVE ON FOR ALL THOSE WHO HE
TOUCHED.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. BRONSON.
MR. BRONSON: MR. SPEAKER, THROUGH THIS
RESOLUTION TODAY WE HONOR AND CELEBRATE THE LIFE OF GARY BEIKIRCH. I
EXTEND -- I EXTEND MY DEEPEST CONDOLENCES TO ALL IN GARY'S FAMILY FOR
THEIR LOSS, AND WISH FOR THEM PEACE IN THE MANY LOVING MEMORIES OF
GARY.
YOU KNOW, AMERICAN CULTURE HAS ALWAYS BEEN DRAWN
TOWARDS SUPER HEROES. WE SEE THAT IN SO MANY OF THE RECENT MOVIE
RELEASES. WITH ALL THIS HERO HYPE, WE SOMETIMES FORGET THAT HEROES
AREN'T JUST SUPERNATURAL FICTIONAL CHARACTERS, BUT VERY REAL PEOPLE WITH
VERY REAL STORIES. ONE SUCH HERO IS GARY BEIKIRCH. A SERGEANT IN THE
U.S. ARMY, AN INSIGHTFUL PASTOR, AN INTUITIVE GUIDANCE COUNSELOR, A
MENTOR. A LOVING SON, HUSBAND AND FATHER, AND A DOTING GRANDFATHER
AND GREAT-GRANDFATHER. FOR MANY PEOPLE IN OUR GREATER ROCHESTER
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NYS ASSEMBLY JANUARY 25, 2022
COMMUNITY, GARY WILL BE FOREVER REMEMBERED FOR HIS ACTIONS IN
VIETNAM ON APRIL 1, 1970. ON THAT DAY AND IN THAT MOMENT, GARY
EXHIBITED THE HIGHEST QUALITIES OF CHARACTER, COURAGE, SACRIFICE,
PATRIOTISM, CITIZENSHIP, INTEGRITY AND COMMITMENT. GARY, LIKE THE OTHER
HEROES THAT HAVE BEEN AWARDED THE MEDAL OF HONOR, EXHIBITED
EXCEPTIONAL CHARACTER QUALITIES IN SITUATIONS MOST OF US CANNOT EVEN
IMAGINE. AND FOR GARY, THOSE TRAITS ARE NOT UNIQUE TO THE BATTLEFIELD,
BUT IN FACT TRANSLATE INTO EVERY ENDEAVOR HE UNDERTOOK THROUGHOUT HIS
LIFE. BEING THE KIND, CARING PERSON PUTTING OTHERS BEFORE HIMSELF,
ADDING A HELPING HAND AND GUIDANCE CONTINUED THROUGHOUT GARY'S LIFE
AS A CIVILIAN.
THE LEGACY OF GARY'S WORK AND HIS LOVE WILL LAST
THROUGH THE LIFE JOURNEY OF MANY WHOM HE HAS TOUCHED OVER THE YEARS.
FOR THAT WE SAY THANK YOU TO GARY. AND THANK YOU ALSO TO HIS FAMILY
FOR ALLOWING US TO SHARE IN THE BENEFITS OF HIS CARING AND OF HIS LOVE. A
GOOD SOUL HAS PASSED ON. A GOOD MAN HAS GONE TO HEAVEN.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. ANGELINO ON THE RESOLUTION.
MR. ANGELINO: MR. SPEAKER, PLEASE DON'T LET MY
-- MY BREVITY OF SPEAKING IN ANY WAY DIMINISH THE ACCOMPLISHMENTS
THAT ARE RECOGNIZED IN THIS RESOLUTION. THE WORD "HERO" IS USED
CONSTANTLY, AND PARTICULARLY IN THE LAST OF COUPLE YEARS WE HEARD THE
WORD "HERO" USED DESCRIBING GROCERY STORE CLERKS AND GAS STATION
ATTENDANTS. BUT THIS, MY FRIENDS, THIS IS A HERO BONAFIDE AND CERTIFIED
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NYS ASSEMBLY JANUARY 25, 2022
BY AN ACT OF CONGRESS, PRESENTED BY THE PRESIDENT OF THE UNITED STATES
THE CONGRESSIONAL MEDAL OF HONOR. THOSE OF -- THOSE WHO SERVED IN
THE MILITARY AND PARTICULARLY THOSE WHO SERVED IN COMBAT KNOW THAT
THIS IS A REAL HERO. AND NOT ONLY DID HE SERVE IN COMBAT, HE SERVED IN
COMBAT NOT CARRYING A WEAPON, BUT CARRYING A FIRST AID BAG AND COMING
TO THE -- TO THE LIFESAVING EFFORTS OF HIS BROTHERS-IN-ARMS. WHEN YOU
LOOK IN THE DICTIONARY UNDER HERO, PEOPLE LIKE THIS, MR. BEIKIRCH, ARE
THE ONES THAT SHOULD BE DEPICTED THERE. THIS MAN SELFLESSLY GAVE
EVERYTHING HE HAD, AND LUCKILY WAS ABLE TO BE PRESENTED WITH HIS
MEDAL OF HONOR. MANY ARE PRESENTED POSTHUMOUSLY. THIS MAN
DESERVED THE RECOGNITION THAT WE ARE GIVING TODAY, AND THE ROCHESTER
COMMUNITY MOURNS THIS MAN. BUT HE IS A REMINDER THAT HEROES DO
WALK AMONGST US, AND HE IS ONE.
THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU.
MR. LEMONDES.
MR. LEMONDES: THANK YOU, MR. SPEAKER. I NEVER
MET MR. BEIKIRCH, BUT I CAN ASSURE YOU WHEN HE RECEIVED THE MEDAL OF
HONOR, I CAN GUARANTEE YOU HE WAS NOT SEEKING TO BE A RECIPIENT OF IT,
BUT INSTEAD WAS ACTING OUT OF COMPLETE AND TOTAL CONVICTION TO HIS
BROTHERS-IN-ARMS AND THEIR MISSION. TO PUT THIS IN PERSPECTIVE, THE
STRINGENCY IN WHICH THE MEDAL OF HONOR IS AWARDED, THERE HAVE ONLY
BEEN APPROXIMATELY 4,500 SINCE ITS INCEPTION IN 1861. OVER 150 YEARS.
THE SIGNIFICANCE OF WHAT HE DID, HIS CHARACTER, HIS ACTS, CANNOT BE
HONORED ENOUGH IN WORDS. THE EXTRAORDINARY CIRCUMSTANCES OF EACH
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NYS ASSEMBLY JANUARY 25, 2022
RECIPIENT'S GALLANTRY AND EXTREME RISK TO THEIR OWN LIFE AND OFTENTIMES
WITH COMPLETE DISREGARD TO THEIR OWN LIFE ARE ACCORDED AND DISPLAYED
IN THE PENTAGON HALL OF HEROES. THIS ICONIC DISPLAY SHOULD BE VISITED
BY EVERYONE AT LEAST ONCE IN THEIR LIVES. MR. BEIKIRCH'S STORY IS THERE
WITH SO MANY OTHER GREAT AMERICANS. AND IN COMMEMORATION OF HIS
LIFE, ON BEHALF OF HIS FAMILY AND IN NOTE TO HIS COMMITMENT TO DUTY AND
PERSONAL SACRIFICE TO OUR NATION IN ITS MOST REVERED INSTITUTION IN THE
MILITARY, PLEASE JOIN US AS WE CONSOLE HIS FAMILY AND HONOR HIM.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED. THE RESOLUTION IS
ADOPTED.
WE DO HAVE NUMEROUS FINE RESOLUTIONS. WE WILL TAKE
THEM UP IN ONE VOTE.
ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTIONS ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 507-510
WERE UNANIMOUSLY ADOPTED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, MEMBERS
OF THE MAJORITY SHOULD BE AWARE THAT THERE IS A CONFERENCE IMMEDIATELY
FOLLOWING THE CLOSE OF SESSION, AND THEY SHOULD MAKE THEIR WAY TO THE
SPEAKER'S HEARING ROOM. I ALSO WANT TO MOVE THAT THE ASSEMBLY
STAND ADJOURNED, MR. SPEAKER, AND THAT WE RECONVENE AT 10:00 A.M. ON
WEDNESDAY, JANUARY THE 26TH, TOMORROW BEING A SESSION DAY.
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NYS ASSEMBLY JANUARY 25, 2022
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 5:07 P.M., THE HOUSE STOOD ADJOURNED
UNTIL WEDNESDAY, JANUARY 26TH AT 10:00 A.M., THAT BEING A SESSION
DAY.)
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