MONDAY, FEBRUARY 8, 2021 2:41 P.M.

SPEAKER HEASTIE: THE HOUSE WILL COME TO

ORDER.

REVEREND ELIA WILL OFFER A PRAYER.

REVEREND DONNA ELIA: LET US PRAY. ETERNAL

GOD, WE COME BEFORE YOU, THANK YOU TO BE FELT TO BE IN YOUR

PRESENCE. HUMBLE AS WE SEEK YOUR BLESSING, HOPEFUL AS WE ANTICIPATE

THE WORK AHEAD. IN TIMES OF JOY AND OF SORROW, YOU, OUR GOD, POUR

OUT A GENEROUS MEASURE OF YOUR BLESSING UPON ALL LEGISLATORS AND

STAFF, WORKING FOR THE WELL-BEING OF OUR COMMUNITIES AND OUR STATE.

EMPOWER THEM, ESPECIALLY WHEN THE TASKS ARE CHALLENGING. HELP THEM

TO FIND THE WAY FORWARD, ESPECIALLY IN TIMES OF DISAGREEMENT. GIVE

THEM CLARITY IN SPEAKING, AND HELP THEM TO HAVE AN OPEN MIND IN

LISTENING. THANK YOU FOR THEIR WILLINGNESS ONCE AGAIN TO TAKE ON THE

NYS ASSEMBLY FEBRUARY 8, 2021

MANTLE OF PUBLIC SERVICE, AND BLESS THEIR FAMILIES AND ALL THEIR DEAR

ONES. GIVE HEALING TO ANY WHO STRUGGLE WITH ILLNESS, AND STRENGTHEN

THOSE WHO ARE WEARY. WE ARE GRATEFUL, O GOD, FOR THE OPPORTUNITY TO

CELEBRATE BLACK HISTORY MONTH. THANK YOU FOR THE GIFTS OF BLACK

LEADERS, THOSE WHOM WE CAN NAME AND THOSE WHOSE NAMES ARE LOST TO

HISTORY BUT WHO STRUGGLED FOR JUSTICE AND AN END TO OPPRESSION. CURE

OUR LAND AND THE WORLD OF THE SCOURGE OF RACISM. HELP US ALL, PEOPLE OF

EVERY RACE AND ETHNICITY, TO COMMIT TO THE WORK OF ANTIRACISM. GRANT

US PEACE WITH JUSTICE. IN YOUR HOLY NAME WE PRAY. AMEN.

SPEAKER HEASTIE: VISITORS ARE INVITED TO JOIN THE

MEMBERS IN THE PLEDGE OF ALLEGIANCE.

(WHEREUPON, SPEAKER HEASTIE LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF FRIDAY, FEBRUARY 5TH.

MRS. PEOPLES-STOKES.

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

DISPENSE WITH THE JOURNAL OF FRIDAY, FEBRUARY THE 5TH, AND ASK THAT THE

SAME STAND APPROVED.

SPEAKER HEASTIE: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I'M PLEASED TO BE BACK IN CHAMBERS TODAY WITH MEMBERS

WHO ARE BOTH HERE WITH US AND THOSE WHO ARE PARTICIPATING REMOTELY. I

NYS ASSEMBLY FEBRUARY 8, 2021

WILL PROVIDE AGAIN THE SCHEDULE FOR TODAY, BUT I DO WANT TO LEAVE US

WITH A QUOTE. WE ENDED LAST WEEK WITH THE ENTIRE STANZA FROM "LIFT

EVERY VOICE AND SING" THAT WAS DESIGNED BY THE JEFF -- THE JOHNSON

BROTHERS. TODAY WE'RE JUST GOING TO GO WITH A STANZA OF IT, MR.

SPEAKER. IT'S, LIFT EVERY VOICE AND SING, TILL EARTH AND HEAVEN RING.

RING WITH THE HARMONIES OF LIBERTY. LET OUR REJOICING RISE, HIGH AS THE

LISTENING SKIES. LET IT RESOUND LOUD AS THE ROLLING SEA. AGAIN, MR.

SPEAKER, THAT IS A VERSE FROM "LIFT EVERY VOICE AND SING."

THE MEMBERS DO HAVE ON THEIR DESKS A -- THE MAIN

CALENDAR. IT HAS NINE BILLS ON IT. THESE NEW BILLS BEGIN ON PAGE 4 WITH

CALENDAR NO. 78 AND IT GOES THROUGH CALENDAR NO. 86. WE WILL START

OUR WORK TODAY BY TAKING UP A RESOLUTION BY YOU, MR. SPEAKER,

COMMEMORATING BLACK HISTORY MONTH IN THE STATE OF NEW YORK. WE

WILL THEN CONTINUE WITH THE CONSENT ON THE MAIN CALENDAR WHERE WE

LEFT OFF ON PAGE 10 WITH CALENDAR NO. 58. THEN WE WILL TAKE UP

CALENDAR NO. 50 BY MR. ENGLEBRIGHT, THE CONSTITUTIONAL AMENDMENT

ON THE RIGHT TO CLEAR AIR AND WATER AND A HEALTHFUL ENVIRONMENT.

FOLLOWING TODAY'S SESSION THERE WILL BE A NEED FOR AN IMMEDIATE

MAJORITY CONFERENCE AND, MR. SPEAKER, AS ALWAYS WE WILL CONSULT WITH

OUR COLLEAGUES ON THE OTHER SIDE TO DETERMINE WHAT THEIR NEEDS MAY BE.

THAT IS A GENERAL OUTLINE, MR. SPEAKER. NOW IT WOULD

BE APPROPRIATE IF WE HAVE ANY HOUSEKEEPING AND/OR RESOLUTIONS, WHICH

YOU DO.

SPEAKER HEASTIE: NO HOUSEKEEPING. BUT I

WOULD LIKE TO SAY GOOD AFTERNOON AND IN JUST A MOMENT WE WILL

NYS ASSEMBLY FEBRUARY 8, 2021

CONTINUE OUR LONGSTANDING ASSEMBLY TRADITION RECOGNIZING FEBRUARY AS

BLACK HISTORY MONTH WITH A LEGISLATIVE RESOLUTION. FOR MANY YEARS,

SOCIETY HISTORY BOOKS OFTEN OVERLOOKED OR MINIMIZED THE VITAL

CONTRIBUTIONS MADE BY PEOPLE OF COLOR. BUT HERE IN THE PEOPLE'S

HOUSE, I AM PROUD THAT WE CELEBRATE THE ACCOMPLISHMENTS OF OUR

ANCESTORS BECAUSE WE KNOW WE STAND ON THEIR SHOULDERS. AS THE FIRST

AFRICAN-AMERICAN SPEAKER OF THE PEOPLE'S HOUSE, I'VE ALWAYS SAID THAT

IF I DID THIS JOB RIGHT THAT -- THAT DETAIL WOULD BE A FOOTNOTE IN HISTORY.

BUT INSTEAD WE RECOGNIZE OUR ACCOMPLISHMENTS AND CONTRIBUTIONS

BECAUSE BLACK HISTORY IS AMERICAN HISTORY. TODAY WE CELEBRATE THE

HISTORY MADE BY THOSE THAT CAME BEFORE US, AND WE COMMIT TO

HONORING THAT HISTORY BY BUILDING ON IT RIGHT HERE IN THE PEOPLE'S

HOUSE. AND ALTHOUGH FEBRUARY IS BLACK HISTORY MONTH, I BELIEVE

EVERY DAY AND EVERY MONTH IS BLACK HISTORY MONTH.

THANK YOU.

THE CLERK WILL READ THE TITLE OF THE RESOLUTION.

THE CLERK: ASSEMBLY RESOLUTION NO. 45, MR.

HEASTIE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

ANDREW M. CUOMO TO PROCLAIM FEBRUARY 2021 AS BLACK HISTORY

MONTH IN THE STATE OF NEW YORK.

SPEAKER AUBRY: MR. AUBRY ON THE RESOLUTION.

MR. AUBRY: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO SPEAK ON THIS RESOLUTION. I OFTEN STOOD IN FRONT OF THIS AUGUST

BODY AND TALKED A BIT ABOUT MY HISTORY AS AN AFRICAN-AMERICAN IN THIS

NYS ASSEMBLY FEBRUARY 8, 2021

COUNTRY AND A SON OF THE SOUTH, BORN IN NEW ORLEANS, LOUISIANA. AND

SO I THINK IT'S APPROPRIATE FOR A MINUTE LET ME TAKE YOU PLACES MAYBE

YOU HAVEN'T BEEN AND MAYBE YOU HAVEN'T HAD THE OPPORTUNITY TO

CONSIDER. IN THE SOUTH WHERE -- WHEN SEPARATE BUT UNEQUAL WAS

ESTABLISHED, THERE WERE BLACK SCHOOLS. BLACK COLLEGES, BLACK HIGH

SCHOOLS, BECAUSE WE COULDN'T GO TO SCHOOL WITH OUR WHITE NEIGHBORS.

IT WAS NOT ALLOWED. IT WAS AGAINST THE LAW. BUT IN THAT PROCESS IN A

SEGREGATED SOUTH, THE HISTORY OF AFRICAN-AMERICANS IN THIS COUNTRY

WAS TAUGHT. IT WAS TAUGHT BECAUSE WE WERE TAUGHT FOR THE MOST PART BY

AFRICAN-AMERICAN TEACHERS. AND THERE WAS BOTH AN ORAL AND A WRITTEN

HISTORY SO THAT YOU WOULD UNDERSTAND WHO YOU WERE AND WHERE YOU

CAME FROM. NOW, THIS MIGHT NOT HAVE BEEN UNIVERSAL, BUT AT LEAST

EXISTED WITHIN THE SOUTHERN CULTURE AMONG THE, AT THOSE TIMES, NEGRO

COMMUNITIES THAT EXISTED. BUT THAT WAS NOT EVERYWHERE. AND NOR WAS

IT UNIVERSALLY UNDERSTOOD. SO WHEN I WAS RAISED AND SCHOOLED IN THE

NORTH, AS MY PARENTS BROUGHT ME UP HERE AT A VERY YOUNG AGE, THERE

WAS VERY LITTLE HISTORY TAUGHT ABOUT WHAT HAPPENED TO

AFRICAN-AMERICANS. THERE WAS A MILD REFERENCE TO THE SLAVERY, BUT IT

WAS NOT EXEMPLIFIED IN ANY WAY THAT YOU MIGHT UNDERSTAND IT. FOR

INSTANCE, I HEARD OF THE 100-YEAR WAR [SIC] IN EUROPE, THE HABSBURGS

AND THE STRUGGLES THAT HAPPENED BETWEEN ENGLAND AND FRANCE AND

SPAIN. THAT WAS FULLY TALKED ABOUT. AND THE HISTORY OF ITALY, OF

COURSE, THE BOOT, WHERE THAT WENT ON. AND EVEN WHAT HAPPENED IN THE

URALS IN RUSSIA. THOSE THINGS -- AND I WAS A HISTORY MAJOR WHEN I

WENT TO COLLEGE -- EVEN IN COLLEGE THERE WAS NO RECOGNITION OF WHAT

NYS ASSEMBLY FEBRUARY 8, 2021

AFRICAN-AMERICANS HAD CONTRIBUTED TO THIS COUNTRY. AND SO, SAME

THINGS I'M SURE YOU WERE TAUGHT. SO THE IDEA THAT WE WERE THIS

POWERFUL FORCE IN THIS COUNTRY, PROVIDING ALL KINDS OF ENHANCEMENTS,

HELPING THE COUNTRY, BUILDING THE COUNTRY, CULTURALLY MAKING THIS

COUNTRY RICH, WERE LEFT OUT. AND SO GENERATIONS WOULD GROW UP NOT

KNOWING WHO THEY WERE. AND OF COURSE FROM SLAVERY, THAT WAS THE

PLAN. WHEN YOU WERE BROUGHT FROM THE SHORES OF AFRICA HERE, YOU

WERE TAKEN TO PLACES WHERE THEY CALLED "BREAKING IN." AND IN THE

PROCESS OF BREAKING IN, TO MAKE A GOOD SLAVE YOU HAVE TO REMOVE ANY

OF HIS HISTORY AND HIS CULTURE AND HAVE HIM ACCEPT THE CULTURE OF BEING

A SLAVE. IT WAS IN MY MIND OF ALL THE THINGS THAT I COULD THINK OF THAT

WAS MOST HORRIBLE ABOUT SLAVERY WAS THE DENIAL OF YOUR CULTURE, OF YOUR

HUMANITY, OF YOURSELF, BECAUSE THEY DIDN'T WANT THAT. THAT MADE YOU A

VERY POOR SLAVE IF YOU HELD ON TO THIS SENSE OF SELF AND INDEPENDENCE.

OF COURSE LIKE ANYBODY ELSE, IF YOU ARE INDEPENDENT WITH YOUR OWN

RESOURCES, WITH YOUR OWN MIND, WITH YOUR OWN FEELINGS, YOU WILL

REBEL. AND OF COURSE, REBELLION WAS MOST FEARED IN THIS COUNTRY

BECAUSE OF THE MILLIONS OF SLAVES THAT WERE BROUGHT ACROSS TO WORK THE

COTTON FIELDS AND WORK IN THE HOUSES AND ALL THE PART OF THE TRIANGLE

TRADE THAT MADE THIS COUNTRY AN ECONOMIC POWER. SO THE CREATION OF

BLACK HISTORY MONTH WAS DONE TO HELP THOSE WHO HAD NOT GOTTEN THAT

EDUCATION TO GET IT, BECAUSE IT WASN'T GOING TO BE BROUGHT -- BROUGHT TO

YOU IN SCHOOLS BECAUSE TEACHERS COMING OUT OF PARTICULARLY WHITE

INSTITUTIONS WEREN'T TAUGHT THAT, RIGHT, THEY DIDN'T KNOW. THEY WEREN'T

TAUGHT IT. IT WASN'T A COURSE OF STUDY AS YOU MIGHT FIND NOW TODAY IN

NYS ASSEMBLY FEBRUARY 8, 2021

THESE MORE MODERN TIMES, BUT IN THOSE DAYS, NOT SO MUCH. AND SO WE

ALL WANDERED AROUND IN THE DARK, THINKING WHAT WE WERE TAUGHT TO

THINK AND ACTING WHAT -- THE WAY WE WERE TAUGHT TO ACT. SO THE

DEVELOPMENT OF THIS DAY -- IT WAS A DAY, IT BECAME A WEEK, WE WANTED

-- IT IS A MONTH -- ALL WAS ESTABLISHED IN RECOGNITION OF THAT MISSING

PIECE IN THESE HUMAN BEINGS' LIVES THAT THEY COULD NOT CONNECT. MANY

OF YOU MIGHT BE ABLE TO SAY, MY PARENTS WERE BORN IN ITALY IN A LITTLE

SMALL TOWN OUTSIDE OF ROME. OR IN POLAND IN WARSAW IN RZESZÓW. IN

ENGLAND OR IN FRANCE, SOMEWHERE ON THE RIVER SEINE. BUT

AFRICAN-AMERICANS IN THE UNITED STATES, ONLY UNTIL VERY RECENTLY,

COULD NEVER POINT TO A PLACE IN AFRICA WHERE THEY KNEW THEIR FAMILY

CAME FROM. KNEW THAT THEY HAD -- KNEW THAT THERE WAS A HISTORY.

KNEW THAT THERE WAS A VILLAGE, A TRIBE, A CITY THAT THEY BELONGED TO. SO

THE VICIOUSNESS OF SLAVERY AND THE DENIAL OF YOUR HUMANITY AND YOUR

CONNECTION, BOTH CULTURAL AND HUMAN-WISE, WAS VERY COMPLETE. AND

SO WE CELEBRATE TODAY THE RECONNECTION OF THAT. AND WE CELEBRATE WITH

YOU BECAUSE IT'S IMPORTANT FOR YOU TO UNDERSTAND THOSE PEOPLE WHO YOU

LIVE NEXT TO, WORK NEXT TO, SEE ON THE STREET, WATCH ON TELEVISION.

WHERE THEY CAME FROM. WHO THEY WERE. WHAT THEY BRING AS A PART OF

OUR CULTURE AND THE MANY ACCOMPLISHMENTS, ALL THE LISTS OF INVENTORS

THAT WERE A PART OF THE UNITED STATES. ALL OF THE GREAT MILITARY MINDS

THAT WERE A PART OF THIS COUNTRY. IT IS IMPORTANT FOR THIS COUNTRY TO

UNDERSTAND WHAT THE ORIGINAL SIN WAS, AND TO HELP US AND TO HELP

YOURSELF AND TO HELP THIS COUNTRY RECOVER.

SO I SALUTE YOU, MR. SPEAKER, FOR BRINGING THIS

NYS ASSEMBLY FEBRUARY 8, 2021

RESOLUTION. I THANK YOU FOR THE WORK THAT YOU'VE DONE. I THANK YOU FOR

YOUR LEADERSHIP, AND I THANK THE MEMBERS OF THIS HOUSE FOR ENJOYING

THIS OPPORTUNITY TO CELEBRATE TOGETHER. AND I'M EVEN MORE HAPPY

BECAUSE THIS IS THE ANNIVERSARY OF MY 73RD BIRTHDAY.

(APPLAUSE)

AND THEY'RE GETTING TO BE NOT SO MANY OF US AROUND.

SO I WANT TO THANK YOU SO VERY MUCH, MR. SPEAKER, MY MEMBERS.

(APPLAUSE)

SPEAKER HEASTIE: THANK YOU, MR. AUBRY.

MR. BARRON ON THE RESOLUTION.

MR. BARRON: THANK YOU VERY MUCH, MR. SPEAKER.

WHEN WE SPEAK OF BLACK HISTORY, AFRICAN HISTORY, WE MUST NOT START

OUR HISTORY IN ENSLAVEMENT. WE ARE AN AFRICAN PEOPLE, TORN US UNDER

FROM OUR CONTINENT. THE RICHEST CONTINENT KNOWN TO THE WORLD. WE

ARE AN AFRICAN PEOPLE THAT GAVE THE WORLD MATHEMATICS, SCIENCE,

ASTROLOGY, ASTRONOMY. WE GAVE THE WORLD THE MIGHTY SPHINX, THE

PYRAMIDS, THE ROCK-HEWN CHURCHES OF ETHIOPIA. WE ARE AN AFRICAN

PEOPLE THAT GAVE THE WORLD IMHOTEP, THE REAL FATHER OF MEDICINE. WE

ARE AN AFRICAN PEOPLE. SO WHENEVER YOU START YOUR HISTORY IN

ENSLAVEMENT, YOU MISSED THE GLORIOUS AFRICAN ANCESTRY. YOU MISSED

THE PRE-COLONIAL TIMES IN AFRICA WHEN WE WERE KINGS, QUEENS,

PRINCESSES AND WHEN AFRICA WAS ROLLING WITH DIAMONDS AND GOLD AND

THEY'RE SHARED AMONGST THE MASSES OF AFRICAN PEOPLE. SO WE MUST NOT

START OUR HISTORY DURING ENSLAVEMENT HERE IN AMERICA. WE ARE AN

AFRICAN PEOPLE.

NYS ASSEMBLY FEBRUARY 8, 2021

SECONDLY, WE MUST BEGIN TO TELL OUR HISTORY OF

RESISTANCE, NOT ONLY THE HISTORY OF REPRESSION. WE SEEM TO ALWAYS TALK

ABOUT HOW BAD PEOPLE DID US, AND BELIEVE ME, THEY DID AND THAT MUST

BE BROUGHT UP. BUT WE HAD A HISTORY OF RESISTANCE. FROM THE SHORES OF

AFRICA, THE INLAND RESISTANCE, MANY AFRICANS WERE NEVER CONQUERED

BECAUSE THEY RESISTED EUROPEAN INVADERS. DURING THE GREAT SO-CALLED

"MIDDLE PASSAGE" WHERE MILLIONS OF US DIED, THE AFRICAN HOLOCAUST

WAS THE WORST HOLOCAUST KNOWN TO HUMANKIND. BUT THERE WERE

MUTINIES. MANY OF THE SHIPS NEVER MADE IT TO AMERICA BECAUSE

AFRICANS ROLLS UP ON THOSE SHIPS AND THEY KILLED THE CREW THAT WAS

ENSLAVING THEM AND TURNED THE SHIPS BACK TO AFRICA, NEVER TO BE

ENSLAVED. OH, THEY'LL SHOW YOU THE AMISTAD WITH JOSEPH CINQUÉ

BECAUSE A WHITE MAN, JOHN QUINCY ADAMS, WHEN THEY TOOK OVER THEIR

SHIP, THEY GUIDED IT NOT BACK TO AFRICA, THEY LEFT THE CREW ALIVE, THE

AFRICANS DID, AND THEY GUIDED IT TO AMERICA, LONG ISLAND. AND JOHN

QUINCY ADAMS, THE GREAT WHITE SAVIOR, SAVED THEM AND THEY WENT

BACK TO AFRICA. OH, THEY WON'T TELL YOU ABOUT THE FACT THAT WE FIRST

CAME HERE IN 1526, NOT 1619 WHEN THE SPANISH -- SPANIARDS BROUGHT

200 AFRICANS TO THE PEE DEE RIVER IN SOUTH CAROLINA, IN THAT AREA, AND

COLONIZED US THERE. WE UNITED WITH THE INDIGENOUS PEOPLE. AND THEY

WON, THEY REBELLED, REVOLTED, TORE DOWN THE COLONY, SENT THE EUROPEANS

BACK TO SAN DOMINGO, WHERE THEY CAME FROM, AND THEY WERE ABLE TO

LIVE FREELY WITH THE INDIGENOUS PEOPLE, SO-CALLED INDIANS. THE

AFRICANS, THEY UNITED. THEY WON'T TELL YOU ABOUT THE REBELLION OF CATO

IN 1763 IN SOUTH CAROLINA, ROSE UP AND WENT FROM PLANTATION TO

NYS ASSEMBLY FEBRUARY 8, 2021

PLANTATION FREEING AFRICANS UNTIL THEY WERE FINALLY CAUGHT. THEY WON'T

TELL YOU ABOUT THE 1811 REBELLION IN LOUISIANA WHEN WE ROSE UP ONCE

AGAIN, HAVING BEEN INSPIRED BY THE HAITIAN REVOLUTION, THE FIRST

LIBERATION OF INSULATED PEOPLE IN THE WESTERN HEMISPHERE. WE WERE

MOTIVATED BY THAT, AND THEY RAN FROM PLANTATION TO PLANTATION ON THEIR

WAY TO NEW ORLEANS TO START A NEW INDEPENDENT AFRICAN STATE OF NEW

ORLEANS, SAYING, LIBERTY, LIBERTY AT LAST. THEY DON'T TELL YOU ABOUT THAT

STORY. THEY DON'T TELL YOU THE STORY ABOUT MADISON WASHINGTON, WHO

DURING THE MIDDLE PASSAGE AND AFTER HE CAME HERE AND HE WAS

ENSLAVED, HE FREED HIMSELF IN VIRGINIA. AND THEN WANTING TO GO BACK

TO GET HIS WIFE, HE WENT BACK. THEY ENSLAVED HIM AGAIN. HE TOOK OVER

A SHIP AND TOOK THE SHIP BACK TO AFRICA AND FOUND OUT THAT HIS WIFE WAS

ON THAT SHIP. TELL US THAT STORY OF AFRICAN LIBERATION.

SO WHEN WE CELEBRATE AFRICAN OR BLACK HISTORY

MONTH, IT'S JUST NOT DATES AND PERSONALITIES. HISTORY TEACHES OF WHAT

CAN BE DONE, WHAT IS POSSIBLE. SO IF IT'S POSSIBLE FOR HARRIET TUBMAN

TO FREE OVER 400 OF US, THEN IT'S POSSIBLE FOR US TO DO THAT TODAY. IF IT'S

POSSIBLE FOR NAT TURNER TO GO FROM PLANTATION TO PLANTATION FREEING OUR

PEOPLE, WE CAN GO FROM BLACK COMMUNITY TO BLACK COMMUNITY,

FREEING OUR PEOPLE FROM THE ECONOMIC, RACIST, PARASITIC, CAPITAL

OPPRESSION THAT KEEPS POVERTY IN OUR COMMUNITIES. AND WE SHOULD NOT

ALLOW THEM TO FRONT BLACK LEADERSHIP, PUT BLACK FACES IN HIGH PLACES

AND YOU SAY THAT'S PROGRESS. UNTIL THE MASSES OF US ARE PROGRESSING,

THERE IS NO PROGRESS. THE STRUGGLE CONTINUES. WE WILL CELEBRATE BLACK

HISTORY, BUT LIKE THE SPEAKER SAID, BLACK HISTORY IS EVERY DAY AND WE

NYS ASSEMBLY FEBRUARY 8, 2021

SHOULD HONOR THAT EVERY DAY, NOT JUST THE COLDEST AND SHORTEST MONTH ON

THE CALENDAR.

ACTING SPEAKER AUBRY: MS. BICHOTTE

HERMELYN.

YOU NEED TO -- THANK YOU.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO SPEAK ON THIS RESOLUTION PROCLAIMING

FEBRUARY OF THIS YEAR AS BLACK HISTORY MONTH IN OUR STATE. DURING

BLACK HISTORY MONTH WE CELEBRATE AND WE PAY TRIBUTE TO OUR CULTURE,

HISTORY WHICH UNFORTUNATELY CONTINUES TO BE FORGOTTEN IN HISTORY BOOKS

AND TEACHINGS. AS YOU KNOW, A UTAH SCHOOL EARLIER THIS MONTH EVEN

ALLOWED PARENTS TO OPT THEIR CHILDREN OUT OF TAKING IN BLACK HISTORY

MONTH LEARNING. NOT UNDERSTANDING THAT BLACK HISTORY IS AMERICAN

HISTORY, IS WORLD HISTORY, IS GLOBAL HISTORY. I REMEMBER WHEN I WAS IN

HIGH SCHOOL AT -- AT LAGUARDIA HIGH SCHOOL OF THE PERFORMING ARTS

WHERE THE BLACK STUDENT UNION, WHICH I WAS PART OF, DID A BLACK

HISTORY PROGRAM WHERE WE EDUCATED OUR CLASS WHERE MATH AND SCIENCE

CAME FROM. IT CAME FROM THE AFRICAN PEOPLE. THE TEACHERS -- SOME OF

THE TEACHERS IN THE SCHOOL WANTED TO BAN OUR PROGRAM AND WANTED TO

WITHHOLD EDUCATING THINGS LIKE SOCRATES AND PLATO, AGAIN, STUDENTS OF

AFRICAN PEOPLE. SO I JOIN MY COLLEAGUES IN MAKING SURE THAT AS WE

CELEBRATE BLACK HISTORY MONTH, WE CELEBRATE, WE PAY TRIBUTE, BUT IT'S

SO THAT WE DO NOT FORGET WHERE WE COME FROM. AND OUR HISTORY AND ALL

THE THINGS THAT MADE AMERICA AMERICA BECAUSE OF BLACK PEOPLE. THE

PANDEMIC HAS ALSO SHINED A LIGHT ON THE EGREGIOUS RACIAL DISPARITIES

NYS ASSEMBLY FEBRUARY 8, 2021

THAT HAVE LONG PLAGUED OUR STATE AND CITY, PARTICULARLY IN DISTRICTS LIKE

MINE WHERE WE HAVE STRUGGLED WITH HEALTHCARE, EDUCATION, HOUSING

INEQUITIES. DURING THIS PANDEMIC, AFRICAN-AMERICANS, BLACK PEOPLE,

BORE A GREATER BURDEN FROM THE VIRUS AS RATES OF INFECTION AND FATALITY

SURGED IN OUR COMMUNITIES FAR BEYOND THAT OF OTHER COMMUNITIES.

AFRICAN-AMERICANS SERVED AS FRONTLINE WORKERS, AS HEALTHCARE

PROFESSIONALS, TEACHERS, TRANSPORTATION WORKERS. AND DESPITE THIS, WE

ARE SEEING DISPARITIES IN THE VACCINE DISTRIBUTION AS WELL. HOW CAN WE

SOLVE THESE INEQUITIES? OUR STATE LEGISLATURE CAN TAKE THIS STEP BY, OF

COURSE, NOT ONLY PASSING THIS RESOLUTION TODAY, BUT CONTINUOUSLY

HONORING AFRICAN-AMERICAN HEROES AND TEACHING FUTURE GENERATIONS

ABOUT OUR HISTORY AND OUR PROGRESS. BUT WE CANNOT STOP THERE. WE

MUST CONTINUE TO DEMAND EQUITY IN EVERY ASPECT OF OUR SOCIETY. WE

MUST BUILD ON THIS FOUNDATION FOR DESEGREGATING OUR INNER-CITY SCHOOLS,

TAXING THE RICH TO FUND EDUCATIONAL PROGRAMMING FOR OUR YOUNG, AND

FIXING OUR BROKEN -- OUR VERY BROKEN CRIMINAL JUSTICE SYSTEM. WE MUST

HONOR BLACK MOTHERS BY PASSING LEGISLATION THAT HELPS BLACK WOMEN

AND BABIES RECEIVE THE SAME STANDARD OF CARE AS EVERYONE ELSE, AND

IMPROVE ON THAT STANDARD OF CARE FOR EVERYONE. SHIRLEY CHISHOLM, THE

FIRST BLACK WOMAN ELECTED TO THE UNITED STATES CONGRESS, LIVED RIGHT

HERE IN BROOKLYN NEAR THE DISTRICT I NOW REPRESENT. IN ADDITION TO

REPRESENTING THE NEW YORK'S 12TH CONGRESSIONAL DISTRICT FOR SEVEN

YEARS, CHISHOLM BECAME THE FIRST BLACK CANDIDATE TO RUN FOR PRESIDENT

OF THE UNITED STATES AS WELL AS THE FIRST WOMAN TO RUN FOR HER PARTY'S

PRESIDENTIAL NOMINATION.

NYS ASSEMBLY FEBRUARY 8, 2021

TODAY I PROUDLY PRESENT -- REPRESENT MY DISTRICT AS A

BLACK WOMAN. MY COUNTY AS A BLACK WOMAN. A BLACK WOMAN WHO IS

OF HAITIAN DESCENT. THE KIN OF THE REVOLUTIONIST, DESSALINES. AND THAT

SPIRIT IN IT -- IN ME KEEPS ME GOING. THAT IS THE RESISTANT SPIRIT. AND

THIS YEAR WE CELEBRATE AN ENORMOUS VICTORY WITH THE SWEARING-IN OF OUR

FIRST BLACK FEMALE VICE PRESIDENT OF THE UNITED STATES, KAMALA HARRIS.

OUR FUTURE IS WITH HOPE -- IS WITH HOPE TO LOOK BRIGHT WITH THE SIGNS OF

PROGRESS. WE STILL GOT A LONG WAY TO GO.

I ACKNOWLEDGE AND THANK OUR SPEAKER FOR INTRODUCING

THIS, AND MY COLLEAGUES IN THE ASSEMBLY FOR SUPPORTING THIS BLACK

HISTORY MONTH RESOLUTION. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

MS. FRONTUS.

MS. FRONTUS: THANK YOU SO MUCH, MR. SPEAKER.

THANK YOU FOR ALLOWING ME TO SPEAK ON THIS RESOLUTION TO RECOGNIZE THE

MONTH OF FEBRUARY AS BLACK HISTORY MONTH. I WANTED TO TAKE JUST A

VERY BRIEF MOMENT TO ECHO THE SENTIMENTS OF MY COLLEAGUES WHO SPOKE

BEFORE ME, AND TO SAY HOW IMPORTANT IT IS THAT ALL OF US TODAY REALIZE

THAT BLACK HISTORY IS AMERICAN HISTORY, AND BLACK HISTORY IS NOT JUST A

MONTH. IT'S SOMETHING THAT WE NEED TO CELEBRATE EVERY SINGLE DAY.

I WANTED TO SHARE A FEW THOUGHTS ABOUT THE LAST 400

YEARS OF OUR HISTORY HERE AND THE PLIGHT OF THE AFRICAN-AMERICAN. I

DON'T KNOW THAT I CAN SAY IT BETTER THAN ASSEMBLYMEMBER AUBRY WHO

SHARED SOME VERY ELOQUENT WORDS ABOUT WHAT AFRICAN-AMERICANS HAD

TO ENDURE OVER THE YEARS. ESSENTIALLY, AS WE KNOW, ASSEMBLYMEMBER

NYS ASSEMBLY FEBRUARY 8, 2021

BARRON MENTIONED, OUR HISTORY ACTUALLY DOESN'T BEGIN IN 1619 WITH

SLAVERY. I'D LIKE TO SAY THAT WE WERE A PROUD AFRICAN PEOPLE WHO WERE

FORMALLY ENSLAVED. WE WERE FORMALLY ENSLAVED, BUT WE WERE GREAT

BEFORE SLAVERY AND WE CONTINUE TO BE GREAT TODAY. ONE OF THE THINGS

THAT I SHARED DURING MY INAUGURATION WAS THE REASON WHY I RAN FOR

OFFICE IS WHEN I THINK ABOUT JUSTICE AND WHAT JUSTICE MEANS TO ME, IT

MEANS USING THE HALLS OF GOVERNMENT TO REDRESS THE WRONGS OF THE PAST.

WHEN WE LOOK AT THE INSTITUTIONALIZED RACISM THAT WE'VE HAD TO ENDURE

OVER THE YEARS, WHEN WE LOOK AT THE INSIDIOUSNESS OF ANTI-BLACKNESS

WHICH IS PRESENT IN EVERY SEGMENT OF OUR SOCIETY. BLACKS HAVE HAD TO

ENDURE PHYSICAL, EMOTIONAL, MENTAL AND PSYCHOLOGICAL VIOLENCE.

MESSAGING IN EVERY SINGLE WAY FROM OUR SCHOOLS, FROM OUR

ENTERTAINMENT INDUSTRY, THAT BLACKS ARE INFERIOR, WHICH HAS CAUSED

GREAT HARM TO THE PSYCHOLOGY AND THE MENTAL HEALTH OF BLACK CHILDREN

ACROSS THE U.S. A LOT OF PEOPLE DON'T REALIZE THAT OUR GOVERNMENT AND

OUR POLICIES LITERALLY SHAPED THE TWO AMERICAS THAT WE SEE TODAY. IT

SHAPED THE PLIGHT OF THE AFRICAN-AMERICAN AND THE SEGREGATION AND ALL

OF THE ILLS THAT WE OFTEN COMPLAIN ABOUT IN OUR URBAN COMMUNITIES.

THEY DIDN'T FALL FROM THE SKY. WE HAD A HAND IN IT. AND SO ONE OF THE

THINGS THAT I WANT TO SAY TODAY IS JUST AS WE USE OUR HALLS OF

GOVERNMENT TO CREATE THESE INJUSTICES IN THE PAST TO OPPRESS THE

AFRICAN-AMERICANS WHICH WERE BROUGHT HERE AGAINST THEIR WILL, WE

NOW HAVE AN OBLIGATION TO USE THESE SAME CHAMBERS OF GOVERNMENT TO

REDRESS THE WRONGS OF THE PAST AND TO REALLY ECHO IN A NEW ERA OF

EQUALITY AND DIGNITY NOT ONLY FOR AFRICAN-AMERICANS, BUT FOR ALL

NYS ASSEMBLY FEBRUARY 8, 2021

MINORITIES WHO HAVE BEEN TREATED AS SECOND-CLASS CITIZENS.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH.

MR. LAWLER.

MR. LAWLER: THANK YOU, MR. SPEAKER, AND THANK

YOU FOR SHARING YOUR REMARKS EARLIER. I RISE JUST TO SAY I -- I SUPPORT

THIS RESOLUTION. I THINK AS YOU MENTIONED EARLIER, BLACK HISTORY IS

AMERICAN HISTORY. AND IT'S SOMETHING THAT SHOULD NOT BE TAUGHT IN A

SINGLE DAY OR A SINGLE MONTH, BUT EVERY DAY AND EVERY MONTH

THROUGHOUT THE YEAR. AND WHEN WE TALK ABOUT HISTORY, WE'RE OBVIOUSLY

TALKING IN LARGE PART ABOUT EDUCATION AND EDUCATING OUR POPULOUS AND

EDUCATING YOUNG PEOPLE ABOUT OUR HISTORY AND WHAT HAS OCCURRED IN

THE UNITED STATES OVER -- OVER THE COURSE OF OUR COUNTRY AND ITS

FOUNDING. AND IT'S WHY I BELIEVE SO STRONGLY THAT EDUCATION IS TODAY

THE CIVIL RIGHTS ISSUE OF OUR GENERATION, AND EVERY CHILD, REGARDLESS OF

THEIR RACE, REGARDLESS OF THEIR ZIP CODE OR THEIR PARENTS' INCOME

DESERVES ACCESS TO A QUALITY EDUCATION. AND SO AS WE EMBRACE BLACK

HISTORY MONTH, LET US WORK TOWARDS ENSURING THAT EVERY CHILD HAS

OPPORTUNITY AND HAS ACCESS TO A QUALITY EDUCATION IN THIS STATE AND IN

THIS COUNTRY, AND SO THAT THEY ARE NEVER LEFT IN A FAILING SCHOOL SYSTEM

OR LEFT BEHIND. THAT IS THE BEST WAY TO ENSURE EQUALITY AND JUSTICE IN

OUR STATE AND IN OUR COUNTRY, AND THE BEST WAY TO HONOR BLACK HISTORY

MONTH.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

NYS ASSEMBLY FEBRUARY 8, 2021

MR. GOODELL ON THE RESOLUTION.

MR. GOODELL: THANK YOU, SIR. WHEN WE REFLECT

BACK ON BLACK HISTORY, AS YOU YOURSELF SO ELOQUENTLY POINTED OUT, THERE

IS SUCH A NEED TO RECOGNIZE AND APPRECIATE THE INCREDIBLE CONTRIBUTIONS

THAT HAVE BEEN MADE OVER HISTORY, BOTH PRE THE FORMATION OF THE UNITED

STATES, DURING SLAVERY AND AFTERWARDS. AND JUST REFLECTING JUST FOR A

MOMENT ABOUT SOME OF THE BLACKS THAT MADE SUCH A DIFFERENCE IN THE

UNITED STATES. PEOPLE LIKE FREDERICK DOUGLASS OR HARRIET TRUMAN [SIC]

OR BOOKER T. WASHINGTON. OR IN THE MUSIC FIELD. I MEAN, THINK ABOUT

THE INCREDIBLE CONTRIBUTIONS WE GOT FROM SCOTT JOPLIN OR DUKE

ELLINGTON, WHOM I ACTUALLY SAW PERFORM. MAYBE THAT TELLS YOU THAT MY

AGE IS CLOSER TO YOURS THAN SOME OF OUR FRESHMEN. LOUIS ARMSTRONG,

COUNT BASIE. AND OF COURSE THERE ARE SO MANY EXTRAORDINARY ATHLETES

THAT WE DON'T HAVE TIME TO LIST THEM. BUT SATCHEL PAIGE OR JACKIE

ROBINSON OR WHAT ABOUT THAT PHENOMENAL WORLD-CHANGING

PERFORMANCE BY JESSIE OWENS IN THE 1930'S. BUT IT'S -- IT'S NOT JUST

SPORTS OR ENTERTAINMENT OR -- OR MUSIC. THE HIGHEST, HIGHEST LEVEL OF

ACCOMPLISHMENT FOR ANY ATTORNEY IS SITTING ON THE SUPREME COURT, LIKE

THURGOOD MARSHALL OR CLARENCE THOMAS. AND ON THE POLITICS SIDE, WE

HAVE PRESIDENT OBAMA AND VICE PRESIDENT HARRIS. IN THE MILITARY WE

HAD COLIN POWELL, WHO ROSE TO THE VERY TOP. OR CONDOLEEZZA RICE. I

MEAN THESE ARE INCREDIBLE PEOPLE WHO ARE MAKING INCREDIBLE

CONTRIBUTIONS. AND I JUST WANTED TO HIGHLIGHT ONE THAT MAY NOT BE ON

THE TOP OF THE HISTORY BOOKS, BUT AN INDIVIDUAL NAMED WALTER

WASHINGTON, WHO CAME FROM MY DISTRICT AND WENT ON TO BECOME THE

NYS ASSEMBLY FEBRUARY 8, 2021

FIRST ELECTED MAYOR IN THE CITY OF WASHINGTON, D.C. WE HAVE SO MUCH

TO CELEBRATE AND SO MUCH TO LEARN. AND I'M THANKFUL THAT WE HAVE THIS

RESOLUTION AS WE DEVELOP A GREATER UNDERSTANDING OF THE INCREDIBLE

CONTRIBUTIONS ON EVERY LEVEL OF SOCIETY THAT ARE REFLECTED BY OUR BLACK

FRIENDS AND NEIGHBORS, POLITICAL LEADERS, PERFORMERS, SPORTS HEROES,

LEGISLATORS, INCLUDING THOSE IN OUR VERY CHAMBER WITH SPEAKER HEASTIE

AND OUR MAJORITY LEADER CRYSTAL PEOPLES-STOKES AND YOURSELF.

SO THANK YOU FOR MOVING THIS RESOLUTION FORWARD, AND

I LOOK FORWARD TO SUPPORTING IT ENTHUSIASTICALLY. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I RISE TODAY TO, LIKE MY COLLEAGUES, SUPPORT THIS REALLY

IMPORTANT RESOLUTION THAT HONORS BLACK HISTORY MONTH. CLEARLY, AS IT

-- AS IT HAS BEEN SAID, A MONTH IS NOT LONG ENOUGH, A DAY IS NOT LONG

ENOUGH. IT REALLY DOES TAKE A LIFETIME TO PAY ATTENTION TO THE

CONTRIBUTIONS THAT HAVE BEEN MADE BY AFRICAN-AMERICANS IN THIS GREAT

COUNTRY OF OURS. TODAY, HOWEVER, THOUGH, I'D LIKE TO FOCUS ON DR.

KIZZMEKIA CORBETT. SHE IS AN AFRICAN-AMERICAN SCIENTIST THAT HAS

BEEN LAUDED FOR THE KEY SCIENCE BEHIND COVID-19 VACCINES. DR.

CORBETT IS A RESEARCH FELLOW AND A SCIENTIFIC LEAD FOR THE CORONAVIRUS

AND VACCINES TEAM. IN FACT, SHE WAS ACTUALLY MEETING AT THE NATIONAL

INSTITUTE OF HEALTH WITH THE FORMER PRESIDENT WHEN A LOT OF THESE

CONVERSATIONS BEGAN. DR. CORBETT WAS APPOINTED TO THE VRC, VACCINE

RESEARCH CENTER, TO USE HER TRAINING AND EXPERTISE TO PROPEL THE NOVEL

NYS ASSEMBLY FEBRUARY 8, 2021

VACCINE DEVELOPMENT FOR THE PANDEMIC PREPAREDNESS. HER WORK

FOCUSES ON DEVELOPING THIS VIRUS, INCLUDING MRNA 112, 1273, WHICH

WAS DESIGNATED BY HER TEAM AND DEPLOYED BY INDUSTRY TO MODERNA. IN

RESPONSE TO THIS ONGOING GLOBAL PANDEMIC, MANY OF US KNOW

MANDERMA -- MODERNA IS ONE OF THE TWO MOST WELL-KNOWN VACCINES

THAT ARE BEING USED. WE FIRST LEARNED ABOUT DR. CORBETT, MR. SPEAKER,

IN MARCH OF '20, AGAIN, AS I SAID WHEN SHE WAS MEETING WITH THIS TEAM

OF SCIENTISTS AND THE FORMER PRESIDENT. AT THE TIME, THE U.S. HAD NOT

FELT THE REAL IMPACT OF COVID QUITE YET BECAUSE IT WAS MARCH '20. BUT

WHEN ASKED ABOUT HER PARTICIPATION, SHE COMMENTED THAT IT WAS

IMPORTANT -- A VERY IMPORTANT STEP FORWARD FOR YOUNG SCIENTISTS AND FOR

PEOPLE OF COLOR. SHE FURTHERMORE STATED THAT SHE FELT LIKE IT WAS

NECESSARY TO BE SEEN AND NOT TO BE A HIDDEN FIGURE, SO-TO-SPEAK. SHE

FELT IT WAS IMPORTANT TO DO THAT BECAUSE THE LEVEL OF HER VISIBILITY

ALLOWS YOUNG LADIES AND YOUNG MEN WHO LOOK LIKE HER TO SEE

THEMSELVES IN THAT SAME KIND OF WORK. MR. SPEAKER, DR. CORBETT'S

STATEMENT IS ABOUT BEING -- ABOUT IT BEING NECESSARY TO BE SEEN AND NOT

A HIDDEN FIGURE RESONATED WITH ME VERY, VERY STRONGLY. IN FACT, I

REMEMBER BEING AT PUBLIC SCHOOL NUMBER 31 WHEN THE ENTIRE COUNTRY

WAS HERALDING THE FACT THAT THE ASTRONAUT JOHN GLENN HAD GOTTEN TO THE

MOON. YET, MR. SPEAKER, I WAS WELL OVER 50 YEARS OLD BEFORE I EVER

HEARD THAT IT WAS A BLACK WOMAN MATHEMATICIAN, A BLACK WOMAN

ENGINEER, AND A BLACK WOMAN WHO SUPERVISED THE AREA'S COMPUTER THAT

THEY USED. NO ONE EVER TOLD ME THAT WHEN I WAS AT PUBLIC SCHOOL

NUMBER 31. MR. SPEAKER, THIS INFORMATION WAS NOT TAUGHT TO US THEN,

NYS ASSEMBLY FEBRUARY 8, 2021

AND IN MANY CASES IT'S NOT TAUGHT TO US NOW. IF IT HAD NOT BEEN

PUBLICATED IN A BOOK AND THEN LATER MADE INTO A MOVIE, WE WOULD STILL

NOT KNOW THE SIGNIFICANCE OF THESE WOMEN. SO BACK IN 2005, A

RELATIVELY NEW MEMBER IN THIS CHAMBER, I GOT A CHANCE TO VOTE FOR

SOME LEGISLATION THAT WAS SPONSORED BY OUR FORMER COLLEAGUE KEITH

WRIGHT CALLED THE AMISTAD COMMISSION. AND THE AMISTAD

COMMISSION WAS A PRETTY SIMPLE MISSION. IT WAS PASSED OVER TO SED,

STATE EDUCATION. THEY WERE SUPPOSED TO COME UP WITH SOME

STRATEGIES TO FIGURE OUT TO INFUSE THE COMPLETE HISTORY OF

AFRICAN-AMERICANS IN AMERICAN HISTORY. I REMEMBER WITH SOME

EXCITEMENT THAT MY PREDECESSOR BROUGHT THEN-GOVERNOR PATAKI INTO

BUFFALO TO THE UNDERGROUND RAILROAD CHURCH WHERE HE SAT AND SIGNED

THAT LEGISLATION INTO LAW. AND HERE WE ARE, MR. SPEAKER, IN 2021. AND

ASK ME IF SED HAS IMPLEMENTED AMISTAD. OR ASK ANYBODY. THE

ANSWER TO THAT IS NO. THAT'S THE PROBLEM, MR. SPEAKER. AND SO TODAY

AS WE CELEBRATE BLACK HISTORY - AND I THANK YOU FOR BRINGING UP THIS

RESOLUTION AND I THANK YOU FOR THE OPPORTUNITY TO DO THIS - WE NEED

AMISTAD TO BE IMPLEMENTED. AND WE NEED STATE EDUCATION TO BEGIN

WORKING WITH US TO MAKE SURE THAT THAT ACT HAPPENS. NOT JUST TO HONOR

BLACK HISTORY, BUT TO HONOR OUR FORMER COLLEAGUE KEITH WRIGHT, AND TO

HONOR MY PREDECESSOR, ARTHUR O. EVE, AND QUITE HONESTLY, TO HONOR

GOVERNOR PATAKI, WHO SIGNED IT INTO LAW. THAT WASN'T JUST A FRIVOLOUS

METHOD OF MEANS THAT THEY TOOK. THEY WERE SERIOUS. THEY WANTED TO

SEE SOMETHING HAPPEN. IT'S 2021. LET'S MAKE IT HAPPEN.

HAPPY BLACK HISTORY MONTH.

NYS ASSEMBLY FEBRUARY 8, 2021

ACTING SPEAKER AUBRY: THANK YOU, MAJORITY

LEADER.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WE'RE

GOING TO GO RIGHT TO PAGE 10 AND START WITH CALENDAR NO. 58 BY MR.

GOTTFRIED.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00190, CALENDAR NO.

58, GOTTFRIED, PAULIN, L. ROSENTHAL, ABINANTI, COLTON, SAYEGH, GALEF.

AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO HOSPITAL

ESTABLISHMENT.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00213, CALENDAR NO.

59, PAULIN, GALEF, ABINANTI, OTIS, JACOBSON. AN ACT TO AMEND THE

NOT-FOR-PROFIT CORPORATION LAW, IN RELATION TO VOTING REQUIREMENTS OF

THE BOARD OF CERTAIN CORPORATIONS.

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 CALENDAR NO. 59, BILL A.213. 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

NYS ASSEMBLY FEBRUARY 8, 2021

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. A00254, CALENDAR NO.

60, PERRY, VANEL. AN ACT TO AMEND THE PUBLIC OFFICERS LAW, IN RELATION

TO THE UNAUTHORIZED RELEASE OF SEALED RECORDS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00297, CALENDAR NO.

61, GOTTFRIED, DINOWITZ, COLTON, CAHILL, WEPRIN, OTIS, GALLAGHER,

SAYEGH. AN ACT TO AMEND THE UNIFORM CITY COURT ACT, THE UNIFORM

DISTRICT COURT ACT, THE UNIFORM JUSTICE COURT ACT AND THE NEW YORK

CITY CIVIL COURT ACT, IN RELATION TO OBTAINING JURISDICTION OVER CERTAIN

DEFENDANTS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00413, CALENDAR NO.

62, L. ROSENTHAL, LUPARDO, SAYEGH. AN ACT TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO ADDING DYSMENORRHEA TO THE LIST OF

CONDITIONS COVERED FOR LAWFUL MEDICAL USE OF MARIHUANA.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00563, CALENDAR NO.

63, PAULIN, DE LA ROSA, GALEF, JEAN-PIERRE, ABINANTI, DINOWITZ,

ENGLEBRIGHT, EPSTEIN, HUNTER, GOTTFRIED, PICHARDO, MCDONOUGH,

REILLY, COOK, STECK, GRIFFIN, OTIS, VANEL, SAYEGH. AN ACT TO AMEND

NYS ASSEMBLY FEBRUARY 8, 2021

THE PUBLIC SERVICE LAW, IN RELATION TO REQUIRING CERTAIN NOTICES TO BE

PROVIDED TO CUSTOMERS RECEIVING TELEPHONE SERVICE THROUGH FIBER

OPTIC-BASED TELEPHONE LINES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00744, CALENDAR NO.

64, WALLACE, ABINANTI, VANEL. AN ACT TO AMEND THE GENERAL BUSINESS

LAW, IN RELATION TO THE REQUIREMENT THAT CERTAIN HEALTH CLUBS SHALL HAVE

AT LEAST ONE AUTOMATED EXTERNAL DEFIBRILLATOR AVAILABLE UPON THE

PREMISES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00879, CALENDAR NO.

65, GOTTFRIED, DINOWITZ, GALEF, PAULIN, L. ROSENTHAL, COLTON, ABINANTI,

RAJKUMAR. AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE INSURANCE

LAW, IN RELATION TO THE DEFINITION OF CLINICAL PEER REVIEWER.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00964, CALENDAR NO.

66, ZEBROWSKI. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO

VIOLATIONS OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00970, CALENDAR NO.

67, CYMBROWITZ. AN ACT TO AMEND THE PRIVATE HOUSING FINANCE LAW,

IN RELATION TO THE MEMBERSHIP OF THE NEW YORK STATE HOUSING FINANCE

NYS ASSEMBLY FEBRUARY 8, 2021

AGENCY, THE HOUSING TRUST FUND CORPORATION AND THE AFFORDABLE

HOUSING CORPORATION.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED.

READ THE LAST SECTION.

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

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

VOTE ON SENATE PRINT S.871. 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 NUMBER PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. THIS CHAPTER

AMENDMENT CHANGES SOME OF THE APPOINTMENTS TO THE MEMBERS OF THE

NEW YORK STATE HOUSING FINANCE AGENCY, AND THE CHANGE IN THE

NUMBER OF APPOINTMENTS IS -- IS NOT AN ISSUE FOR ME. HOWEVER, I

WOULD LIKE TO POINT OUT THAT WHEN WE CREATED THIS GROUP WE MADE SURE

THERE WAS AN APPOINTMENT FROM THE MAJORITY MEMBERS IN THIS HOUSE

AND IN THE SENATE, BUT NOT A SINGLE APPOINTMENT FROM THE MINORITY.

AND THE MINORITY CONFERENCE REPRESENTS A SUBSTANTIAL PORTION OF NEW

YORK STATE. OUR PERSPECTIVE IS SOMETIMES DIFFERENT, BUT STILL VALUABLE.

AND I THINK EVERYONE IN THIS CHAMBER RECOGNIZES THE IMPORTANCE OF

LISTENING TO MINORITIES INCLUDING, I HOPE, THE REPUBLICAN MINORITY. SO

I WOULD URGE THAT AS WE GO FORWARD WITH NEW COMMISSIONS AND NEW

NYS ASSEMBLY FEBRUARY 8, 2021

AGENCIES THAT WE LOOK TO INCLUDE A DIVERSITY OF OPINIONS ACROSS THE

STATE REFLECTING BOTH THE MAJORITY AND THE MINORITY.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

(PAUSE)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE

FOLLOWING REPUBLICAN ASSEMBLYMEMBERS IN THE NEGATIVE: MR. BYRNE,

MR. SCHMITT AND MR. WALCZYK.

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.

THE CLERK: ASSEMBLY NO. A01150, CALENDAR NO.

68, ABINANTI, SOLAGES, TAYLOR, GRIFFIN, FAHY, HEVESI, DICKENS, THIELE,

SIMON, ENGLEBRIGHT, SEAWRIGHT, MCDONOUGH, ASHBY, PICHARDO,

MORINELLO, PAULIN, GOTTFRIED, BARRON, SAYEGH, RODRIGUEZ, M. MILLER,

CRUZ, LUPARDO, FERNANDEZ, DINOWITZ, WEPRIN, STIRPE, BRONSON. AN

ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO ADDING AUTISM TO

THE LIST OF CONDITIONS COVERED FOR LAWFUL MEDICAL USE OF MARIHUANA.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01253, CALENDAR NO.

69, GOTTFRIED, ABINANTI, BARRON, COLTON. AN ACT TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO THE CONFIDENTIALITY OF CONTACT TRACING

NYS ASSEMBLY FEBRUARY 8, 2021

INFORMATION.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

GOTTFRIED, 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 S.900. 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. A01523, CALENDAR NO.

70, PRETLOW. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

PROHIBITING APPROVED ORGANIZATIONS IN THE CHILD HEALTH INSURANCE PLAN

FROM LIMITING THE PARTICIPATION OF CERTAIN HEALTHCARE PROVIDERS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01615, CALENDAR NO.

71, PERRY, BARRON, COLTON, COOK, TAYLOR, WEPRIN. AN ACT TO AMEND THE

PUBLIC HEALTH LAW, IN RELATION TO REQUIRING PHYSICIANS AND HOSPITALS TO

OBTAIN THE NAME OF THE SCHOOL ATTENDED BY SCHOOL-AGED PATIENTS AND TO

INCLUDE THIS INFORMATION IN THEIR ADMISSION REGISTRATION FORMS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

NYS ASSEMBLY FEBRUARY 8, 2021

THE CLERK: ASSEMBLY NO. A01899, CALENDAR NO.

72, DINOWITZ, GOTTFRIED, VANEL. AN ACT TO AMEND THE EXECUTIVE LAW,

IN RELATION TO PROVIDING FOR THE AWARD OF ATTORNEY'S FEES AND EXPERT

WITNESS FEES IN APPROPRIATE CASES.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A01920, CALENDAR NO.

73, BARRETT, BUTTENSCHON, THIELE, STERN, ABINANTI, TAYLOR, GUNTHER,

ENGLEBRIGHT, JONES, GALEF, NOLAN, BURDICK, JACOBSON, CUSICK,

MORINELLO, MONTESANO, SALKA, HAWLEY, SIMPSON, DESTEFANO,

MCDONOUGH, LEMONDES. AN ACT TO AMEND THE EXECUTIVE LAW, IN

RELATION TO NEW YORK STATE VETERANS' CEMETERIES.

ACTING SPEAKER AUBRY: ON A MOTION BY MRS.

BARRETT, 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 ASSEMBLY [SIC] PRINT S.866. 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. ANDERSON TO EXPLAIN HIS VOTE.

MR. ANDERSON: GOOD AFTERNOON. THANK YOU, MR.

SPEAKER. I'M VOICING MY SUPPORT FOR THIS BILL, AS IT HELPS TO ENSURE THAT

NYS ASSEMBLY FEBRUARY 8, 2021

NEW YORK STATE VETERANS RECEIVE THE PROPER BENEFITS AND SERVICES THAT

THEY DESERVE WITHOUT CERTAIN RESTRICTIONS. SOME OF OUR VETS DON'T OR

CANNOT RECEIVE STATE BENEFITS AND SERVICES AS THEY'RE NOT QUALIFIED TO

RECEIVE VETERAN'S BENEFITS DUE TO THEIR INELIGIBILITY ON THE FEDERAL LEVEL.

SO THIS BILL BEING PASSED ALLOWS FOLKS WHO HAVE SERVED AND HAVE --

HAVE GIVEN THEIR DUTY TO, YOU KNOW, TO OUR STATE AND TO THIS NATION, THE

HELP THAT THEY NEED. IT'S VITALLY IMPORTANT. I WANT TO THANK

ASSEMBLYMEMBER BARRETT FOR INTRODUCING THIS BILL AND MY FELLOW

COLLEAGUES WHO HAVE COSPONSORED THIS VERY IMPORTANT BILL.

I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ANDERSON IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02014, CALENDAR NO.

74, BARRETT, GRIFFIN, LAVINE, MCDONOUGH. AN ACT TO AMEND THE

EXECUTIVE LAW, IN RELATION TO DEFINING CERTAIN QUALIFYING CONDITIONS

FOR VETERANS.

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 A.2014. 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

NYS ASSEMBLY FEBRUARY 8, 2021

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. A02203, CALENDAR NO.

75, BARRETT, WALLACE, MCDONOUGH. AN ACT TO AMEND THE EXECUTIVE

LAW, IN RELATION TO DIRECTING THE DIVISION OF VETERANS' SERVICES TO

PROVIDE INFORMATION TO VETERANS WHO EXPERIENCE POST-TRAUMATIC STRESS

DISORDER AND TRAUMATIC BRAIN INJURY.

ACTING SPEAKER AUBRY: 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 ASSEMBLY PRINT A.2203. 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. ANGELINO ON THE BILL. TO EXPLAIN HIS VOTE, I'M

SORRY.

MR. ANGELINO: THANK YOU, MR. SPEAKER. I

APPRECIATE THIS OPPORTUNITY TO EXPLAIN MY VOTE. I WANT TO THANK THE

VETERANS COMMITTEE FOR UNANIMOUSLY PASSING THIS AND BRINGING THIS

FORWARD. I RISE TODAY TO ASK MEMBERS AND ANYBODY WHO HEARS MY

NYS ASSEMBLY FEBRUARY 8, 2021

VOICE THAT AS WE DISCUSS VETERANS ISSUES, SOMETIMES WE SEND YOUNG

MEN AND WOMEN FAR FROM HOME INTO HARM'S WAY TO DO THE BUSINESS

THAT WE ASK THEM TO DO, AND IN SO DOING THEY SOMETIMES HAVE TO DO

UNTHINKABLE THINGS ON OUR BEHALF. IF WE REALLY WANT A DISTRAUGHT

VETERAN TO TAKE ADVANTAGE OF ALL OF THESE PROGRAMS OF WHICH WE'RE

OFFERING, I WOULD ASK THAT WE DROP THE LETTER D FROM PTS. THIS SHOULD

NOT BE CONSIDERED A DISORDER THAT BRINGS WITH IT A NEGATIVE CONNOTATION.

WHAT WE ASK THESE YOUNG PEOPLE TO DO SHOULDN'T BE CONSIDERED A

DISORDER, IT SHOULD BE CONSIDERED EXPECTED WHEN WE -- WHEN WE

WELCOME THEM BACK HOME. IN THE FUTURE, WHEN WE CAN - I KNOW THE

FEDERAL GOVERNMENT CALLS IT PTS WITH THE D - I WOULD LIKE THAT D

DROPPED AND JUST BE CONSIDERED POST-TRAUMATIC STRESS.

WITH THAT SAID, I WILL SUPPORT THIS AND I'LL BE VOTING IN

THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.

ANGELINO IN THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02679, CALENDAR NO.

76, CYMBROWITZ. AN ACT TO AMEND THE PUBLIC HOUSING LAW, IN

RELATION TO DIRECTING THE COMMISSIONER OF HOUSING AND COMMUNITY

RENEWAL TO PROMULGATE RULES AND REGULATIONS REGARDING THE USE OF

ELECTRONIC RECORDS AND SIGNATURES FOR CERTAIN RESIDENTIAL LEASES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

NYS ASSEMBLY FEBRUARY 8, 2021

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT A.2679. 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.

MRS. PEOPLES-STOKES.

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

NOW GO BACK TO PAGE 9, WE'RE GOING TO TAKE UP CALENDAR NO. 50 ON

DEBATE BY MR. ENGLEBRIGHT. THIS IS REGARDING THE SECOND PASSAGE OF

THE CONSTITUTIONAL AMENDMENT.

ACTING SPEAKER AUBRY: THE CLERK WILL READ.

THE CLERK: SENATE NO. S00528, CALENDAR NO. 50,

SENATOR JACKSON (A01368, ENGLEBRIGHT, GRIFFIN, COLTON, GOTTFRIED,

SANTABARBARA, DINOWITZ, GLICK, FAHY, ABINANTI, OTIS, JEAN-PIERRE,

LAVINE, SIMON, GALEF, COOK, HUNTER, STECK, BICHOTTE HERMELYN,

RAMOS, WEPRIN, HYNDMAN, SEAWRIGHT, LUPARDO, L. ROSENTHAL,

WALKER, CARROLL, DE LA ROSA, THIELE, GUNTHER, DAVILA, AUBRY, CRUZ,

BRONSON, BARRETT, KELLES, BURDICK, ZINERMAN, NOLAN, LUNSFORD,

EPSTEIN, WILLIAMS, DICKENS, ROZIC, SAYEGH, MAGNARELLI,

GONZÁLEZ-ROJAS, JACKSON, RAJKUMAR, BENEDETTO). CONCURRENT

NYS ASSEMBLY FEBRUARY 8, 2021

RESOLUTION OF THE SENATE AND ASSEMBLY PROPOSING AN AMENDMENT TO

ARTICLE I OF THE CONSTITUTION, IN RELATION TO THE RIGHT TO CLEAN AIR AND

WATER AND A HEALTHFUL ENVIRONMENT.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: AN EXPLANATION, PLEASE.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. ENGLEBRIGHT.

MR. ENGLEBRIGHT: YES, MR. SPEAKER. CAN YOU

HEAR ME?

ACTING SPEAKER AUBRY: ABSOLUTELY, SIR.

MR. ENGLEBRIGHT: THANK YOU VERY MUCH. THIS

IS A PROPOSED CONSTITUTIONAL AMENDMENT TO ENABLE SOMETHING THAT

EVERYONE BELIEVES IN MANY CASES IS ALREADY A RIGHT BUT HAS NEVER

PREVIOUSLY BEEN FORMALIZED. AND THAT RIGHT IS TO A CLEAN ENVIRONMENT,

CLEAN AIR, CLEAN WATER, AND A HEALTHFUL ENVIRONMENT. IT'S IN THE LARGEST

SENSE A PROPOSED CONSTITUTIONAL AMENDMENT THAT IS AN EXPRESSION OF

OPTIMISM. IT IS INTENDED TO ASSURE OUR CITIZENS THAT THEY WILL NOT BE

BETRAYED CIRCUMSTANTIALLY BY ENVIRONMENTAL DEGRADATION, AND THAT THE

HEALTH AND WELL-BEING OF THEY AND THEIR FAMILIES WILL NOT BE

COMPROMISED DUE TO GOVERNMENTAL INACTION OR NEGLIGENCE THAT MAY

OTHERWISE DAMAGE OUR AIR, LAND OR WATER.

ACTING SPEAKER AUBRY: MR. SMULLEN.

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

THE SPONSOR KINDLY YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL

NYS ASSEMBLY FEBRUARY 8, 2021

YOU YIELD?

MR. ENGLEBRIGHT: I YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. SMULLEN: THANK YOU, MEMBER ENGLEBRIGHT.

I REALLY APPRECIATE THE OPPORTUNITY TO HAVE A DIALOGUE HERE IN PUBLIC

TODAY ABOUT THIS MOST IMPORTANT CONSTITUTIONAL AMENDMENT. I THINK

IT'S VERY IMPORTANT THAT WE GET THE TERMS AND THE CONDITIONS OF THIS

CONSTITUTIONAL AMENDMENT THAT ARE CLEAR AND PUBLIC. WE PASSED IT

ONCE BEFORE, AND I BELIEVE THIS IS A -- THE SECOND PASSAGE PRIOR TO WHEN

IT HAS TO GO BEFORE THE VOTERS THIS NOVEMBER; IS THAT CORRECT?

MR. ENGLEBRIGHT: THAT IS CORRECT.

MR. SMULLEN: AND WILL THIS BE THE SECOND

AMENDMENT BEFORE THE VOTERS THIS FALL, IN ADDITION TO THE ELECTION

REDISTRICTING COMMISSION?

MR. ENGLEBRIGHT: I HAVEN'T BEEN TRYING TO KEEP

TRACK OF THAT FULL CALENDAR, SO I'LL TAKE YOUR WORD FOR IT. I -- I AM ONLY

FOCUSED ON THIS ONE BECAUSE IT COMES THROUGH MY COMMITTEE AND I'M

THE SPONSOR.

MR. SMULLEN: SURE, AND I REALLY APPRECIATE THAT.

BECAUSE I THINK CONSTITUTIONAL AMENDMENTS, WHETHER AT THE FEDERAL

LEVEL OR AT THE STATE LEVEL, ARE EXTREMELY IMPORTANT. SO I WANTED TO ASK

YOU, I LOOKED THROUGH OUR CONSTITUTION IN PREPARATION FOR THIS

DISCUSSION, AND I NOTICED THAT A LOT OF THE ARTICLE I RIGHTS IN THE NEW

YORK STATE CONSTITUTION ARE, IN FACT, POLITICAL RIGHTS. WOULD YOU

AGREE?

NYS ASSEMBLY FEBRUARY 8, 2021

MR. ENGLEBRIGHT: I DON'T HAVE ANY REASON TO

DISAGREE.

MR. SMULLEN: WELL, I'M -- JUST FOR INSTANCE,

THERE'S THE RIGHT TO FREE SPEECH, TO ASSEMBLY, TO THE VARIOUS PROCEDURAL

MECHANISMS THAT ALLOW PEOPLE TO ADDRESS THEIR GRIEVANCES AND IN

WHICH -- FROM WHICH FURTHER LAWS ARE MADE. IS THAT FAIR IN HOW THE

CONSTITUTION IS SUPPOSED TO WORK? IS IT -- IT'S A FOUNDATIONAL DOCUMENT

FROM WHICH FURTHER LAWS FLOW?

MR. ENGLEBRIGHT: IT CAN WORK THAT WAY. AS I

UNDERSTAND IT, THE BILL OF RIGHTS IN OUR CONSTITUTION IS NOT JUST FOR

POLITICAL PURPOSES OR PROCEDURAL PURPOSES. THAT CAN FLOW FROM IT, I

SUPPOSE. BUT THAT IT IS INTENDED TO BE PRIMARILY A DEFINITION OF THE

RIGHTS OF BEING A CITIZEN OF THE STATE.

MR. SMULLEN: CERTAINLY. AND I -- I WOULD HARDLY

AGREE WITH THAT AS THE INTERPRETATION OF IT. SO I HAVE TO ASK YOU, IN THIS

CONTEXT, WHAT DOES "CLEAN" -- THE WORD "CLEAN" MEAN IN THIS PROPOSED

AMENDMENT?

MR. ENGLEBRIGHT: WELL, CLEAN BASICALLY MEANS

THAT THE ENVIRONMENT SHOULD NOT BE ALLOWED TO COMPROMISE THE HEALTH

OR WELL-BEING OF ANY CITIZEN, AND THAT THERE SHOULD BE NO HARM, NO

SICKNESS, NO DISEASE, NO CONVULSION, NO INJURY FROM SIMPLY BEING A

CITIZEN LIVING IN THIS STATE.

MR. SMULLEN: WELL, ABSOLUTELY. I THINK THAT'S

SOMETHING THAT WE SHOULD CERTAINLY ALL ASPIRE TO. BUT OBVIOUSLY, WORDS

HAVE MEANING IN A LEGAL CONTEXT. WHAT DOES THE WORD "HEALTHFUL"

NYS ASSEMBLY FEBRUARY 8, 2021

MEAN IN THIS LEGISLATION BEFORE US TODAY?

MR. ENGLEBRIGHT: HEALTHFUL MEANS THERE WILL

BE NO BIOLOGICAL SICKNESS OR HARM.

MR. SMULLEN: OKAY. AND I'LL -- I'LL TAKE THAT TO

INCLUDE SOME OF THE THINGS THAT ARE COVERED BY THE CLEAN AIR ACT, THE

FEDERAL CLEAN AIR ACT OF 1970 AND THE FEDERAL CLEAN WATER ACT OF

1972, ALMOST 50 YEARS AGO, WHICH HAVE BEEN WONDERS IN MAKING SURE

THAT OUR -- OUR COUNTRY AND OUR STATE REMAINS CLEAN. DOES THIS -- IN ANY

WAY DOES THIS AFFECT ANY OF THE LAWS OF NEW YORK STATE IN THE

ENVIRONMENTAL AREA WHICH YOU -- WHICH YOU LOOK AFTER? WHAT DOES IT

DO TO THOSE LAWS THAT ARE IN EFFECT TODAY?

MR. ENGLEBRIGHT: IT DOESN'T CHANGE ANY OTHER

LAW, BUT WHAT RATHER IT DOES IS IT OFFERS CONTEXT, GUIDANCE AND

INSTRUCTION TO THE VARIOUS ORGANS OF STATE GOVERNMENT. I'D LIKE TO THINK

OF IT AS -- THAT THIS CONSTITUTIONAL AMENDMENT IS THE FRAME FOR A

COLLAGE OF STATE AGENCIES AND INSTITUTIONS THAT ARE ALL SUPPOSED TO BE

WORKING IN THE SAME DIRECTION TO PROTECT THE HEALTH AND WELL-BEING OF

OUR CITIZENS. SO I SEE THIS, BASICALLY, AS THE FRAME OF CONTEXT THAT WILL

GIVE A GREATER SENSE OF EXPECTATION, A SHARPER RENDERING OF THE

EXPECTATION OF BEING A -- A MEMBER OF OUR SOCIETY IN NEW YORK,

VIS-Ŕ-VIS WHAT WILL IT MEAN TO YOU AND YOUR LOVED ONES' HEALTH.

MR. SMULLEN: WELL, THANK YOU FOR THAT, BECAUSE I

-- I HAVE SOME CONCERNS. WOULD YOU AGREE THAT NEW YORK IS ONE OF

THE MOST LITIGIOUS STATES IN THESE UNITED STATES OF AMERICA?

MR. ENGLEBRIGHT: IT HAS THAT REPUTATION.

NYS ASSEMBLY FEBRUARY 8, 2021

MR. SMULLEN: I -- I KNOW IT HAS THAT REPUTATION.

IN -- IN FACT, IT'S ONE OF THE MOST LITIGIOUS STATES. SO ONE OF THE

CONCERNS ABOUT THIS AMENDMENT WHICH IS ALREADY COVERED BY FEDERAL

LAW AND BY STATE LAW, IS THAT THIS AMENDMENT WILL ACTUALLY PROVIDE

LEGAL STANDING FOR CIVIL ACTIONS. WOULD YOU SAY IN YOUR FRAMEWORK THAT

YOU'VE DESCRIBED, WOULD THAT BE THE CASE?

MR. ENGLEBRIGHT: I WOULD NOT BE ABLE TO PREDICT

HOW THAT WOULD TRANSLATE. I WOULD POINT OUT THAT THE AMOUNT OF

LITIGIOUS ACTIVITY IS ALSO A REFLECTION OF THE DENSITY OF POPULATION OF ANY

GIVEN STATE, AS WELL AS THE -- THE LEVEL OF SOPHISTICATION OF ITS CITIZENS.

THAT WE HAVE A -- AN ACT BEFORE US OR TO PLACE THIS BEFORE THE PEOPLE OF

THE STATE DOES NOT CHANGE, HOWEVER, ANY OF THE EXISTING LAWS OF THE

STATE.

MR. SMULLEN: AND SO THE DEPARTMENT OF

ENVIRONMENTAL CONSERVATION, WHICH IS, WOULD YOU AGREE, IS THE

PRIMARY REGULATOR OF ENVIRONMENTAL LAW IN NEW YORK?

MR. ENGLEBRIGHT: I WOULD AGREE.

MR. SMULLEN: SO IS THE -- AS THE PRIMARY

ENVIRONMENTAL REGULATOR, IS THAT NOW GOING TO BE THE ATTORNEY GENERAL

AS THE PRIMARY PROTECTOR OF RIGHTS IN TERMS OF THE LEGAL PROCESS HERE IN

NEW YORK? WILL THE ATTORNEY GENERAL TAKE OVER THAT ROLE IN OUR -- IN

OUR SYSTEM?

MR. ENGLEBRIGHT: CERTAINLY NOT. NOTHING

CHANGES EXCEPT PERCEPTION. YOU'RE ASKING WHETHER OR NOT THIS IS AN

INITIATIVE THAT WOULD COMPLETELY REFORM AND REDIRECT THE ENERGY OF

NYS ASSEMBLY FEBRUARY 8, 2021

ENVIRONMENTAL PROTECTION. IT DOES NOT DO THAT.

MR. SMULLEN: I THANK YOU VERY MUCH FOR YOUR

TIME AND ANSWERING --

MR. ENGLEBRIGHT: (INAUDIBLE/CROSS-TALK)

MR. SMULLEN: -- YOUR QUESTIONS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SMULLEN: I THINK MR. ENGLEBRIGHT HAD

SOMETHING HE WANTED TO SAY. I DIDN'T WANT TO CUT HIM OFF. I DIDN'T

MEAN TO INADVERTENTLY, SIR.

ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT.

MR. ENGLEBRIGHT: IF I COULD JUST FINISH MY

THOUGHT. THANK YOU VERY MUCH. I APPRECIATE YOUR COURTESY. I WAS JUST

GOING TO SAY TRY NOT TO READ TOO MUCH INTO THIS IN TERMS OF INTENT, OTHER

THAN TO ENABLE OUR CITIZENS TO EMPOWER THEMSELVES AND TO HAVE A -- A

CRISPER UNDERSTANDING THAT THEY HAVE A RIGHT TO CLEAN AIR AND WATER AND

A HEALTHFUL TIME WHILE LIVING AND BEING A PART OF OUR STATE.

THANK YOU FOR YOUR COURTESY.

MR. SMULLEN: THANK YOU. ON THE BILL.

AND I APPRECIATE THE ASPIRATIONAL NATURE OF THIS BILL,

BUT THEREIN LIES THE CONCERN, IN MY MIND. THIS BILL IS GOING TO PROVIDE

LEGAL STANDING FOR PEOPLE THAT DO NOT LIKE AN OUTCOME THAT MAY BE

PRESENT IN -- IN OUR PROCESS OF GOVERNANCE, WHETHER IT'S HAVING TO DO

WITH LOCAL GOVERNMENTS, WITH INDUSTRY. IT'S GOING TO PROVIDE THEM

LEGAL STANDING IN WHICH TO LITIGATE. AND THEY CAN USE THAT LITIGATION AS

NYS ASSEMBLY FEBRUARY 8, 2021

-- BASICALLY AS A CUDGEL TO BEAT WHOMEVER THEY WANT TO INTO SUBMISSION

ON A VARIETY OF -- OF THINGS. AND THE REASON IS THAT THIS BILL AND THIS

AMENDMENT IS NOT SPECIFIC ENOUGH. IT SOUNDS GOOD, IT FEELS GOOD, BUT

THE REALITY IS IS THAT IT HAS TO BE ADJUDICATED IN COURT. AND THERE'LL BE

LOTS OF -- I SUSPECT -- I SUSPECT THAT THERE'LL BE LOTS OF ACTIONS IN COURT

RELATED TO THIS LEGISLATION, PARTICULARLY WITH REGARDS TO PROPERTY.

THERE'S A TERM OF ART CALLED NIMBY, WHICH IS "NOT IN MY BACKYARD."

WHEN SOMEONE DOESN'T WANT SOMETHING TO HAPPEN, THEN THEY -- THEY

FILE SUIT. AND HERE'S -- HERE'S A PRIME LEVER IN WHICH I BELIEVE THAT

CITIZENS WILL NOW HAVE THE ABILITY TO -- TO FILE CIVIL ACTIONS AGAINST THEIR

FELLOW CITIZENS. CONTRARY TO 50 YEARS -- IT'S BEEN 50 YEARS SINCE THE

CLEAN AIR ACT AND THE CLEAN WATER ACT HAVE BEEN ESTABLISHED. NEW

YORK HAS A ROBUST ENVIRONMENTAL REGULATORY STRUCTURE. I'M NOT REALLY

SURE WHAT THIS BILL AND WHAT THIS AMENDMENT IS GOING TO DO TO OUR

CONSTITUTION THAN WHAT'S ALREADY BEEN DONE BEFORE.

FOR THOSE AND FOR A HOST OF MANY OTHER REASONS, I WILL

BE VOTING AGAINST THIS BILL TODAY, AS I DID IN THE PAST, BUT I WILL ALSO

ENCOURAGE VOTERS TO LOOK VERY CAREFULLY AT THIS TO MAKE SURE THAT THEY --

THEY SEE WHAT IS PRESENT AND WHAT THE WORDS ACTUALLY MEAN AND WHAT

WILL HAPPEN GOING FORWARD WHEN THEY CONSIDER THIS AT THE BALLOT BOX IN

-- IN NOVEMBER.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. PALMESANO.

MR. PALMESANO: YES, THANK YOU, MR. SPEAKER.

NYS ASSEMBLY FEBRUARY 8, 2021

WILL THE SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL

YOU YIELD?

MR. ENGLEBRIGHT: I YIELD.

MR. PALMESANO: THANK YOU, STEVE. I APPRECIATE

YOUR TIME, GOOD TO SEE YOU.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. PALMESANO: I HAVE A FEW QUESTIONS I WANTED

TO ADDRESS ON THIS ISSUE, PARTICULARLY AROUND THE ENERGY SIDE OF THINGS.

FIRST OF ALL, I THINK -- I KNOW YOU'LL WILL PROBABLY AGREE THAT ALL OF US

WANT TO SUPPORT AND PROVIDE CLEAN WATER AND CLEAN AIR FOR OUR

RESIDENTS; WOULDN'T YOU AGREE WITH THAT ABSOLUTELY?

MR. ENGLEBRIGHT: I WOULD HOPE THAT THAT WOULD

BE THE CASE --

MR. PALMESANO: ME, TOO.

MR. ENGLEBRIGHT: -- BUT IF SOME PEOPLE END UP

FINDING A WAY TO VOTE NO, WHICH I'M PUZZLED BY --

MR. PALMESANO: I UNDERSTAND THAT.

MR. ENGLEBRIGHT: -- BUT MAYBE THAT'LL CHANGE

TODAY AND WE'LL HAVE A UNANIMOUS CONSENT AT THE END OF THIS.

MR. PALMESANO: MAYBE NOT, THOUGH.

(LAUGHTER)

STEVE, RIGHT NOW, UNDER THE LAW RIGHT NOW WE HAVE

FEDERAL AND STATE REGULATIONS. WE ADDRESS A LOT OF THESE ISSUES

THROUGH STATE LEGISLATION, THROUGH DEC REGULATION AND REVIEW, WE PASS

NYS ASSEMBLY FEBRUARY 8, 2021

BOND ACTS, ENVIRONMENTAL BOND ACTS. WE DO THINGS LIKE THAT RIGHT NOW

TO HELP PROTECT OUR ENVIRONMENT, DON'T WE?

MR. ENGLEBRIGHT: WE DO.

MR. PALMESANO: AND I GUESS -- I THINK WHERE

I'M TRYING TO GET AT WITH THIS AMENDMENT, THIS CONSTITUTIONAL

AMENDMENT, THIS WOULD CREATE AN INDIVIDUAL'S RIGHT OF PRIVATE ACTION

UNDER CONSTITUTIONAL PURPOSES, CORRECT?

MR. ENGLEBRIGHT: NOT CORRECT. THIS DOES NOT

CREATE ANYTHING NEW IN TERMS OF RIGHTS OF ACTION. ANYONE WHO WANTS

TO USE THE LEGAL SYSTEM TO BRING AN ACTION NOW CAN DO THAT. NO, THAT'S

NOT THE PURPOSE.

MR. PALMESANO: OKAY --

MR. ENGLEBRIGHT: THE PURPOSE IS TO FRAME THE

EXPECTATIONS OF THE STATE GOVERNMENT AND TO ENABLE OUR CITIZENS TO PUT

PEOPLE WHO LOOK A LOT LIKE YOU AND ME, LEGISLATORS, MORE -- MORE

PRECISELY INTO THE PATHWAY OF EXPECTATION TO PROTECT THE CITIZENS' HEALTH

AND WELL-BEING.

MR. PALMESANO: YEAH, STEVE, I UNDERSTAND

YOU'RE SAYING IT DOESN'T CREATE A RIGHT OF PRIVATE ACTION AND THAT'S NOT

THE INTENT BEHIND IT, BUT IT CERTAINLY, WITH ANY PIECE OF LEGISLATION, THERE

ARE CONSEQUENCES TO IT AND CERTAINLY IF AN INDIVIDUAL WANTS TO FILE AN

ACTION THAT THEIR CONSTITUTIONAL RIGHT IS BEING VIOLATED IF THIS BECOMES

PART OF THE CONSTITUTION, THEY'LL HAVE THE RIGHT TO DO THAT, AND THAT CAN

ALSO APPLY TO -- AND WHERE I'M CONCERNED ON THAT FRONT OF IT, ON THE

ENERGY SIDE OF THINGS, OUR ABILITY IN NEW YORK STATE TO, YOU KNOW, TO

NYS ASSEMBLY FEBRUARY 8, 2021

PRODUCE ENERGY, OUR ENERGY SECTOR, THE ABILITY TO GENERATE ELECTRICITY.

NOW, CERTAINLY, THAT COULD APPLY TO, LET'S SAY A NATURAL GAS PLANT. I

KNOW A LOT OF PEOPLE DON'T LIKE NATURAL GAS, AND I GET THAT, BUT IF

SOMEONE WANTS TO BRING SUIT BECAUSE THEY FEEL EVEN THOUGH WE HAVE

THE REGULATORY PROCESS WITH THE DEC AND OTHERS, IF SOMEONE FEELS

UNDER THIS LEGISLATION, THIS CONSTITUTIONAL AMENDMENT, IF THEIR

CONSTITUTIONAL RIGHTS ARE BEING VIOLATED, THEY WOULD HAVE THE RIGHT TO

BRING SUIT AS AN INDIVIDUAL, CORRECT?

MR. ENGLEBRIGHT: JUST LIKE I AM A GEOLOGIST NOT

A LAWYER, I WILL LEAVE THAT TO THE LAWYERS TO DETERMINE. I CAN TELL YOU

THIS: THERE IS NO -- THERE'S VERY SHORT LANGUAGE IN THE PROPOSED

AMENDMENT AND IT DOES NOT ADDRESS RIGHTS OF LEGAL ACTION; IT DOESN'T

EVEN SPEAK TO THAT ISSUE. WHAT I BELIEVE THE PRIMARY CONSEQUENCE OF

ITS PASSAGE WILL BE IS TO ENABLE OUR CITIZENS TO HOLD LEGISLATURE

ACTIVITIES, SUCH AS THE LIST THAT YOU MENTIONED, TO A HIGHER STANDARD AND

TO HAVE A HIGHER EXPECTATION OF PERFORMANCE FROM US.

MR. PALMESANO: RIGHT, AND I GUESS, STEVE,

WHERE I GET ALSO CONCERNED IS MAYBE NOT JUST ON THE, SAY NOT ON NATURAL

GAS AND I SEE IT'S NOT INTENDED TO DO THAT, BUT AGAIN, THIS CAN ALSO HAVE

AN IMPACT ON OUR RENEWABLE PROJECTS THAT ARE GOING ON IN PLACE, AS

WELL, IF SAY WE GO THROUGH THE REGULATORY PROCESS, AGAIN, AN INDIVIDUAL

WOULD HAVE THE RIGHT UNDER THE CONSTITUTION IF THEY FEEL FOR WHATEVER

REASON THESE PROJECTS, WHETHER IT'S RENEWABLE, WHETHER IT'S NATURAL GAS,

HAVE A VIOLATION OF THEIR CONSTITUTIONAL RIGHT, THEY WOULD HAVE THAT

OPPORTUNITY TO DO THAT. SO, I KNOW YOU KEEP SAYING THAT YOU DON'T HAVE

NYS ASSEMBLY FEBRUARY 8, 2021

LAWSUITS AND I UNDERSTAND THAT, SO I DON'T WANT TO BELABOR THAT POINT

WITH YOU, SO I APPRECIATE -- I APPRECIATE THE INTENT OF WHAT YOU'RE TRYING

TO DO WITH THE BILL, SO I'LL JUST GO ON THE BILL, THEN, STEVE.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: THANK YOU, MR. SPEAKER, MY

COLLEAGUES. AND I UNDERSTAND THE INTENTION BEHIND THIS LEGISLATION. I --

I -- KNOWING THE SPONSOR, HIS INTENTIONS ARE WELL CONCEIVED,

WELL-MEANING AS ALWAYS IS WHEN HE PUTS LEGISLATION FORWARD. I THINK

MY CONCERN IS THE UNINTENDED CONSEQUENCES OF WHAT THIS LEGISLATION

WILL DO. THIS WILL CERTAINLY CREATE A RIGHT OF PRIVATE ACTION FOR

INDIVIDUALS TO BRING -- FILE FOR LAWSUITS AS AN INDIVIDUAL PERSON FROM A

CONSTITUTIONAL PERSPECTIVE. AND I THINK WHERE I HAVE CONCERN ON THIS,

CERTAINLY IS WHAT I WAS TALKING ABOUT AS FAR AS OUR ENERGY GENERATION

SIDE OF THINGS, BECAUSE RIGHT NOW WE ALREADY HAVE IN PLACE A REGULATORY

PROCESS WITH THE DEC, WE PASSED LEGISLATION, WE HAVE BOND ACTS AND I

THINK -- I GUESS I GET CONCERNED THAT, YOU KNOW, WE'RE ALSO GOING TO BE

SHIFTING MORE FROM THE GOVERNMENTAL SIDE, YOU KNOW, WHERE POWERS

ARE BESTOWED ON THE LEGISLATURE AND THE EXECUTIVE TO HANDLE SOME OF

THOSE REGULATORY PROCESSES, YOU'RE GOING TO CREATE -- SHIFT MORE OF THAT

TO THE JUDICIARY WHICH IS GOING TO ALLOW THE COURTS TO HAVE MORE SAY

BECAUSE THEY'RE GOING TO HAVE TO HAVE SAY BECAUSE YOU'RE GOING TO

OPEN UP THIS SYSTEM TO MORE LITIGATION, MORE PRIVATE ACTIONS ACROSS THE

BOARD ON A CONSTITUTIONAL BASIS VERSUS, YOU KNOW, THE REGULATORY

PROCESS THAT WE HANDLE THESE PROJECTS. AND THIS IS GOING TO -- AND I

NYS ASSEMBLY FEBRUARY 8, 2021

MENTIONED NUCLEAR -- NATURAL GAS PLANTS. I KNOW, AGAIN, SOME PEOPLE

THINK THAT NATURAL GAS, ANYTHING WE CAN DO TO STOP NATURAL GAS, THAT'S A

GOOD THING. I DISAGREE WITH THAT. I THINK NATURAL GAS SHOULD BE A PART

OF -- OF OUR PORTFOLIO, OUR ENERGY PORTFOLIO. BUT WITH THIS PROCESS,

WE'RE NOT JUST TALKING ABOUT NATURAL GAS, WE'RE OPENING THIS RIGHT OF

ACTION, PRIVATE ACTION ON RENEWABLE PROJECTS AS WELL, BECAUSE I THINK

IT'S GOING TO CAUSE SOME CONSTITUTIONAL PROBLEMS. I MEAN, YOU CAN

HAVE PRIVATE RIGHT OF ACTIONS AND LAWSUITS AGAINST WIND FARMS THAT ARE

BEING DEVELOPED. YOU KNOW, THERE'S BEEN ISSUES BROUGHT UP ABOUT

WIND FARMS. THERE'S NOT A LOT OF SUPPORT IN THE PUBLIC, IN CERTAIN AREAS,

FOR WIND FARMS AND SOLAR FARMS. THE FLICKER, THAT SHADOW WHEN THE

SUN IS LOW IN THE SKY AND IT'S JUST BEHIND THE TURBINE, THE ROTATING

TURBINE, WHICH HAS PRODUCED PROBLEMS FOR PEOPLE WITH PHOTO

SENSITIVITY TO -- WITH EPILEPSY AND SEIZURE DISORDERS BECAUSE OF THESE

TRIGGERS. THE OTHER ISSUES WITH WIND FARMS, THE NOISE AND WHAT'S GOING

TO HAPPEN TO THE BLADES. I MEAN, THOSE ARE ISSUES THAT COULD BE BROUGHT

FORWARD. YOU'RE GOING TO HAVE MORE SUITS ON THAT RELATIVE THAN JUST

DEALING WITH THE PROCESS THAT WE HAVE, WHETHER IT'S ARTICLE 10 OR THE

OFFICE OF RENEWABLE ENERGY -- YOU KNOW, WHERE THEY ARE SITING THESE

PROJECTS NOW WHETHER IT'S WIND FARMS OR SOLAR FARMS, WITHOUT ANY LOCAL

PUBLIC INPUT, WITHOUT ANY FEEDBACK OR PARTICIPATION FROM THE LOCAL

GOVERNMENT BECAUSE THE STATE JUST SAYS WHERE IT'S GOING TO GO, SO...

YOU ALSO HAVE THIS SITUATION ON THE SOLAR FARMS, YOU

KNOW, THERE'S MATERIAL IN THE SOLAR PANELS, LEAD AND CADMIUM, WHAT'S

GOING TO HAPPEN WITH THE DISPOSAL WHEN THERE'S -- WHEN THERE'S

NYS ASSEMBLY FEBRUARY 8, 2021

WASHOUT AND HOW THIS CAN TRANSPOSE -- YOU KNOW, WHEN THERE'S

RAINWATER AND WHAT THAT -- AFFECTS THAT GETTING INTO THE GROUND WATER,

INTO THE GROUND AND RAINWATER. THAT'S -- THAT'S GOING TO BE IMPACTFUL.

THAT'S GOING TO OPEN UP THIS ACTION FOR CIVIL RIGHTS OF ACTION BY

INDIVIDUALS, AS WELL, WHICH IS CERTAINLY GOING TO HAVE A CHALLENGE TO,

YOU KNOW, A POSSIBLE SLOWING DOWN THE GOALS A LOT OF PEOPLE HAVE IN

SUPPORT OF THE CLCPA, WHICH I HAVE VOICED MY CONCERNS ABOUT AS A

WHOLE, BUT YOU ALSO HAVE THE ISSUE ABOUT THE -- WHAT ARE WE GOING TO

DO ABOUT THE UNDERWATER HYDROELECTRIC ELECTRIC LINES THAT ARE GOING TO

BE COMING FROM CANADA DOWN TO NEW YORK CITY. I MEAN, THEY GO

THROUGH AN EXTENSIVE REVIEW PROCESS AND APPROVAL PROCESS, BUT NOW

YOU'RE GOING TO ADD ON TOP OF THAT MORE FROM PRIVATE RIGHT OF ACTION

THAT CAN HAPPEN AND WILL HAPPEN BECAUSE YOU'RE OPENING UP THIS FOR

FURTHER LITIGATION. I MEAN, I KNOW WHEN THERE'S LITIGATION THAT HAPPENS

UP WHEN THERE'S REGULATORY PROCESS, IT GOES THROUGH AN ARTICLE 78, BUT

THIS IS TALKING ABOUT A CONSTITUTIONAL RIGHT AND THEN WHEN PEOPLE

FALLING ON OUR CONSTITUTIONAL PURPOSES, I THINK THAT CAN BE VERY

PROBLEMATIC.

WHAT ABOUT SOMEONE, YOU KNOW, WHO HAS A WOOD

STOVE? IS THAT GOING TO ALLOW A NEIGHBOR TO FILE A LAWSUIT AGAINST

SOMEONE IF THEY HAVE A WOOD STOVE? THAT'S GOING TO BE INFRINGING

UPON THEIR CONSTITUTIONAL RIGHT, OR A NATURAL GAS BOILER? I MEAN, FROM

THAT PROCESS -- I MEAN, WE HAVE A PROCESS RIGHT NOW IN PLACE THAT WE

USE WITH OPEN LEGISLATIVE OVERSIGHT, AND I THINK A CONSTITUTIONAL

AMENDMENT OPENS UP THAT WINDFALL OF LAWSUITS THAT IS JUST GOING TO

NYS ASSEMBLY FEBRUARY 8, 2021

COST MORE, IT'S GOING TO PROVIDE A GREAT DEAL OF UNCERTAINTY TO OUR

ENERGY MARKETS, AS WELL. YOU KNOW, THE GOALS, AS I MENTIONED, OF THE

CLCPA, BELIEVE IT OR NOT, PEOPLE CAN FIND WAYS TO FILE LAWSUITS ON

THESE THINGS, AND THEY WILL IF YOU'RE CREATING THAT TYPE OF CONSTITUTIONAL

AMENDMENT.

AGAIN, WE ALL WANT CLEAN WATER, CLEAN AIR, BUT I THINK

BY DOING THIS, I THINK WE'RE JUST GOING TO OPEN THIS UP MORE, AGAIN, FOR

UNCERTAINTY AND CHALLENGES WITH THE ENERGY MARKETS, WITH THE BUSINESS

COMMUNITY. YOU KNOW, OBVIOUSLY THE GOAL OF HAVING AFFORDABLE AND

RELIABLE ENERGY SUPPLY FOR OUR FAMILIES, OUR FARMERS, OUR BUSINESSES,

AND OUR MANUFACTURERS, I THINK THAT'S GOING TO CAUSE A PROBLEM FOR

THEM, AS WELL, BECAUSE OF THE LAWSUITS AND HOW THIS IS GOING TO

CONTINUE TO FESTER AND CARRY ON. I JUST THINK IT'S GOING TO LEAD TO COSTLY

AND EXPENSIVE LITIGATION, IT'S GOING TO BE DUPLICATIVE ISSUES THAT RIGHT

NOW CAN BE HANDLED THROUGH THE REGULATORY PROCESS WITH THE DEC,

WITH THE FEDERAL GOVERNMENT THROUGH THE LEGISLATIVE PROCESS AND THE

LAWS THAT WE PASS AND CREATE IN THE REGULATIONS WE HAVE. I JUST -- I JUST

THINK WE'RE -- WHAT THIS ACTION IS GOING TO CAUSE IS NOT THE WAY WE NEED

TO BE.

WE'RE ALL FOR CLEAN WATER AND CLEAN AIR. I JUST THINK

THIS CONSTITUTIONAL AMENDMENT IS JUST GOING TO TAKE US DOWN THE

WRONG PATH. IT'S GOING TO, AGAIN, CREATE COSTLY LITIGATION, IT'S GOING TO

HAVE AN IMPACT ON OUR ENERGY MARKETS AND OUR ENERGY PORTFOLIO. IT'S

GOING TO BE -- IT COULD CAUSE PROBLEMS FOR THE CLCPA. I KNOW MANY

PEOPLE SUPPORT THE CLCPA. I THINK THAT'S SOMETHING THAT COULD BE

NYS ASSEMBLY FEBRUARY 8, 2021

PROBLEMATIC, AS WELL, BECAUSE YOU ARE GOING TO HAVE PEOPLE THAT CAN

CHALLENGE WIND FARMS, YOU'RE GOING TO HAVE PEOPLE THAT CAN CHALLENGE

SOLAR FARMS BECAUSE OF THE ENVIRONMENTAL IMPACTS THAT CAN CREATE, TOO,

WHETHER IMMEDIATELY OR DOWN THE ROAD. SO I JUST THINK THAT'S

SOMETHING TO KEEP IN MIND AS WE MOVE FORWARD WITH THIS. SO, FOR

THOSE REASONS, MR. SPEAKER, I'LL BE VOTING IN THE NEGATIVE ON THIS AND

I'M GOING TO ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. MANKTELOW.

MR. MANKTELOW: THANK YOU, MR. SPEAKER.

WOULD THE SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL

YOU YIELD?

MR. ENGLEBRIGHT: I YIELD, YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. MANKTELOW: THANK YOU, CHAIRMAN. THANK

YOU, SPEAKER; THANK YOU, CHAIRMAN. JUST A FEW QUESTIONS. I KNOW WE

-- WE WENT THROUGH THIS BILL A FEW YEARS AGO ON THE FLOOR AND ONE OF THE

QUESTIONS I HAD ASKED THEN WAS WHY -- OR IS THERE AN EXEMPTION FOR AG

IN THIS BILL THIS YEAR?

MR. ENGLEBRIGHT: THERE'S NO EXEMPTIONS.

THERE'S NO REASON TO HAVE EXEMPTIONS BECAUSE THERE IS NO DIRECT

REFERENCE TO AG. THERE IS NO ANTICIPATED NEGATIVE IMPACT OR POSITIVE

IMPACT EITHER WAY TOWARD AGRICULTURE. IT SPEAKS TO THE GENERAL PREMISE

THAT LIVING IN NEW YORK SHOULD BE SOMETHING THAT YOU CAN DO WITHOUT

NYS ASSEMBLY FEBRUARY 8, 2021

APPREHENSION THAT IT'S GOING TO COMPROMISE YOUR HEALTH, AND THAT

SHOULDN'T BE -- THAT SHOULDN'T BE INTERPRETED THROUGH THE LENS OF

TRANSPORTATION OR AGRICULTURE, RECREATION OR ANY OF THE OTHER ACTIVITIES OF

-- OF OUR COMPLEX STATE.

MR. MANKTELOW: THANK YOU. THANK YOU,

STEVE, FOR THAT. ONE OF MY CONCERNS IS WITH THE SHIFT OF POPULATION, WE

SEE MANY INDIVIDUALS MOVING OUT OF THE CITY AREAS OUT TO THE SUBURBS

AND THE RURAL AREAS, AND I KNOW AS A FARMER FOR MANY YEARS, AND I THINK

WE'VE TALKED ABOUT THIS, STEVE, THAT WHEN WE HARVEST SOYBEANS AND WE

HARVEST GRAIN AND WE HARVEST WHEAT, THERE'S A LOT OF DUST THAT'S INVOLVED

IN THAT AND IT HAS TO BE THAT WAY, OTHERWISE YOU CAN'T HARVEST THE -- THE

PRODUCT. AND ONE OF THE CONCERNS I HAVE IS IF WE HAVE A NEIGHBOR

MOVE IN FROM THE CITY THAT'S NOT USED TO THIS AND I'M OUT -- I'M OUT

HARVESTING WHEAT AND ALL OF A SUDDEN THIS PERSON HAS AN ASTHMA ATTACK

BECAUSE OF THE DUST, YOU KNOW, WHAT HAPPENS AT THAT POINT?

MR. ENGLEBRIGHT: THAT IS NOT SOMETHING THAT

WE WOULD, FROM READING OR ENACTING THIS, HAVE ANY WAY OF PREDICTING.

IF THERE IS A WAY TO CORRECT THAT, I WOULD HOPE THAT IT WOULD BE

CORRECTED LOCALLY THROUGH THE ACTION OF LOCAL GOVERNMENT. YOU KNOW, I

LIVE IN A COUNTY THAT WAS AND STILL IS THE NUMBER ONE AGRICULTURAL

COUNTY IN THE STATE, AND AS GROWTH AND DEVELOPMENT HAS TAKEN PLACE IN

MY COMMUNITY AND OTHERS, WE HAVE HAD SUBDIVISIONS BUILT RIGHT NEXT

TO FARMS AND THE -- THE CONFLICTS OF THAT -- OF LAND USE ACTIVITIES HAVE

SOMETIMES MANIFESTED THEMSELVES. THOSE ARE THE TYPES OF PROBLEMS

THAT REALLY NEED TO BE ADDRESSED WITH LAND USE SETBACKS FOR NEW

NYS ASSEMBLY FEBRUARY 8, 2021

SUBDIVISIONS. THAT'S SOMETHING THAT SHOULD BE PART OF THE PLANNING

PROCESS AT LOCAL GOVERNMENT. IT IS NOT SOMETHING, THOUGH, THAT'S

DIRECTLY WITHIN THE SCOPE OF THIS PARTICULAR RESOLUTION.

MR. MANKTELOW: ALL RIGHT. STEVE, SO IF IT GOES

BACK TO THE LOCAL GOVERNMENT, IS THERE -- I SAW IN THE SPONSOR'S MEMO

THAT THERE WOULD BE NO FINANCIAL IMPLICATIONS FOR STATE OR LOCAL

MUNICIPALITIES. SO IF THIS HAPPENS, THERE WILL DEFINITELY BE EXPENSES TO

THE LOCAL MUNICIPALITIES IF THEY'RE GOING TO HAVE TO DEAL WITH THIS

LOCALLY, AND I'VE GOT GRAVE CONCERN AS PEOPLE MOVE INTO THESE AREAS

AND THE DUST IS FLYING, WHETHER IT'S, YOU KNOW, HARVESTING OR IN THE

SPRING WHEN WE HAVE A DRY SPELL AND THE DUST WILL FLY AND GO FOR A LONG

WAYS. IF AN INDIVIDUAL PUTS A STOP TO A FARMING OPERATION OR DECIDES TO

BRING A LAWSUIT AGAINST MANKTELOW FARMS, FOR INSTANCE, WHAT HAPPENS

TO -- WHAT HAPPENS TO ME? DO I HAVE TO STOP? DO I HAVE TO WAIT FOR AN

ANSWER FROM THE LOCAL GOVERNMENT? HOW IS THAT GOING TO BE

ADDRESSED?

MR. ENGLEBRIGHT: IT WOULD BE ADDRESSED IN THE

SAME WAY THAT IT'S ADDRESSED NOW. NOTHING IN THIS PARTICULAR MEASURE

CHANGES OR ADDRESSES THE TYPE OF CIRCUMSTANCE THAT -- THAT YOU POINT

TOWARD. AGAIN -- AND THESE ARE IMPORTANT CONSIDERATIONS, BUT THERE ARE

MECHANISMS AND PRECEDENTS AND RECOMMENDED ACTIVITIES SUCH AS

HAVING SETBACKS AND ROWS OF TREE PLANTINGS AND OTHER ACTIVITIES TO TAKE

CARE OF DUST. THIS IS NOT, AGAIN, WITHIN THE SCOPE OF A PRECISE

EXPECTATION OF THIS MEASURE.

MR. MANKTELOW: STEVE, I THINK WITH ALL DUE

NYS ASSEMBLY FEBRUARY 8, 2021

RESPECT -- AND I AGREE WITH SOME OF YOUR POINTS ON THIS. I THINK THAT

WITHOUT THOSE SPECIFICS BEING IN HERE THAT WE'RE REALLY OPENING UP A

CAN OF WORMS FOR A LOT OF LOCAL LAWSUITS. I JUST DON'T SEE HOW THAT WILL

NOT HAPPEN, WHETHER IT'S SPRING OR FALL, YOU KNOW, WHETHER IT'S SMELL.

YOU KNOW, WE HAVE FERTILIZERS AND I KNOW OUR FARMERS ARE DOING A

GREAT JOB WITH THE NEW FERTILIZERS THAT WE HAVE, KEEPING OUR WATER

SYSTEMS CLEAN. YOU KNOW, WE WANT CLEAN WATER, WE WANT CLEAN AIR

JUST AS WELL. IS SMELL GOING TO BE PART OF CLEAN AIR? IF THERE'S A HOG

OPERATION OR A CHICKEN OPERATION OR A COW OPERATION, HOW DO WE DEAL

WITH THAT WITH TREES AND BUFFERS, BECAUSE THAT'S NOT GOING TO CHANGE.

THAT SMELL IS GOING TO GO THROUGH THOSE TREES. IS THAT GOING TO BE PART

OF THIS? WILL THE CITIZEN HAVE THE RIGHT TO STOP THAT OPERATION AT THAT

POINT?

MR. ENGLEBRIGHT: THIS DOES NOT EMPOWER ANY

PARTICULAR LAWSUIT OR ANY PARTICULAR FINE GRAINED ACTIONS SUCH AS WHAT

YOU DESCRIBED. I WILL SAY IT SETS THE EXPECTATION THAT THOSE WHO ARE

ELECTED, THOSE ARE WHO IN ELECTED OFFICE HAVE A SHARPENED

RESPONSIBILITY AND EXPECTATION TO ANTICIPATE AND TO ACT WISELY TO HELP

PREVENT THE KINDS OF CONFLICTS YOU'VE GIVEN A COUPLE OF EXAMPLES; WE

CAN GO ON FOR MANY HOURS LISTING POTENTIAL SUCH CONFLICTS. THAT DOESN'T

MEAN THAT WE SHOULD ABANDON THE GENERAL PREMISE OF MAKING IT

POSSIBLE FOR PEOPLE TO LIVE IN A COMMUNITY AND KNOW THAT THEY WILL NOT

HAVE THEIR HEALTH COMPROMISED, THAT THEIR LUNGS WILL NOT BE DISEASED,

THAT THEY WILL NOT SUFFER FROM ENVIRONMENTAL POISONING, THAT THEY

SHOULD NOT HAVE TO JUST SAY, OH WELL, WHEN THERE IS A CONTAMINATION

NYS ASSEMBLY FEBRUARY 8, 2021

EVENT SUCH AS THE GRUMMAN BETHPAGE PLUME, OR THE KINDS OF

POISONINGS THAT HAVE OCCURRED IN SOME UPSTATE COMMUNITIES THAT THE

CITIZENS HAVE BEEN VICTIMIZED BY. THOSE WHO ARE IN ELECTED OFFICE

NEED TO DO BETTER AND TO MAKE SURE THAT THE CITIZENS HAVE A RIGHT TO THAT

EXPECTATION WE HAVE PUT FORWARD THIS MEASURE.

MR. MANKTELOW: SO, YOU KNOW, GOING BACK TO

THE LOCAL -- LOCAL ELECTED OFFICIALS. SO IN A SITUATION HERE, ARE WE GOING

TO PUT THE ONUS BACK TO THE LOCAL ELECTED OFFICIALS TO, AGAIN, FIX A

PROBLEM THAT WE'RE GOING TO CREATE AT THE STATE LEVEL?

MR. ENGLEBRIGHT: THIS SPEAKS PRIMARILY TO THE

STATE TO THE EXTENT THAT ALL OF THE OTHER UNITS OF GOVERNMENT, THE COUNTY,

TOWN, VILLAGE, ET CETERA, ARE SUBSETS THAT HAVE BEEN AUTHORIZED BY THE

STATE LEGISLATURE IS REASONABLE, BUT REALLY IT PUTS THE ONUS REALLY ON US

AT THE STATE LEVEL.

MR. MANKTELOW: OKAY, AND I THINK THAT'S WHY

WE'RE, AGAIN, ADDRESSING SOME OF THESE QUESTIONS. I THINK IN THE

SITUATION WHERE WE HAVE AG, AG IS PREDOMINANTLY THE BUSINESS OF NEW

YORK STATE, ESPECIALLY IN THE UPSTATE AREAS. I THINK THERE NEEDS TO BE

LANGUAGE IN THIS BILL THAT DOES ALLOW AG EXEMPTIONS. I WAS HOPING TO

SEE THAT WITH THE SECOND TIME AROUND. WE PASSED IT TWO YEARS AGO, OF

COURSE IN APRIL, OF '19 AND I WAS HOPING TO SEE THAT, BUT WE DIDN'T.

BUT ANOTHER BIG ISSUE THAT I'M HEARING IN MY DISTRICT IS

SMELL, OKAY. WE HAVE TWO VERY LARGE LANDFILLS IN MY DISTRICT, SEVERAL

AROUND THE DISTRICT, AND I KNOW IN NEW YORK STATE THE GOVERNOR IS

PUSHING FOR A BETTER, CLEANER, GREEN NEW YORK STATE. SO THE SITUATION

NYS ASSEMBLY FEBRUARY 8, 2021

WITH A LOT OF THE LANDFILL MATERIAL COMING OUT OF NEW YORK CITY/LONG

ISLAND AREA, GOING TO OUR LANDFILLS HERE A FEW MILES FROM WHERE I LIVE,

THE SMELL IS ATROCIOUS, IT'S ABSOLUTELY DISGUSTING. SO IF WE GET A BUNCH

OF PEOPLE TOGETHER, AND IT'S GOING TO HAPPEN, AND THEY BRING A LAWSUIT,

WHAT HAPPENS IF THAT LANDFILL GETS SHUT DOWN? WHERE DOES THE -- WHERE

DOES THE MATERIAL FROM NEW YORK CITY AND LONG ISLAND GO?

MR. ENGLEBRIGHT: THE QUESTION YOU POSE IS ONE

THAT HAS AN INFINITE NUMBER OF POSSIBLE ANSWERS, BUT I CAN TELL YOU THIS:

THE -- WHEN YOU HAVE A CIRCUMSTANCE IN WHICH ODOR FROM A LANDFILL OR

FROM ANY ACTIVITY THAT IS AUTHORIZED BY -- BY GOVERNMENT, REALLY

CAUSING GREAT DISCOMFORT, THAT'S A WARNING SIGN. THAT'S WHY WE HAVE

OLFACTORY CAPABILITY, TO WARN US WHEN WE ARE IN HARM'S WAY FROM

HAVING BIOLOGICAL HARM TO THE TISSUES AND FUNCTIONS OF OUR ORGANS. SO

IT'S A SERIOUS MATTER YOU RIGHTLY RAISE, AND ALL I CAN SAY IS THAT ISN'T

CHANGED BY THIS MEASURE, BUT IN TERMS OF THE EXPECTATION TO THE EXTENT

THAT STATE AGENCIES MAY HELP OVERSEE THESE LANDFILLS OR -- OR DUMPS,

THERE -- THEY WOULD BE PUT ON A HIGHER LEVEL, I WOULD HOPE, A HIGHER

LEVEL OF PERFORMANCE EXPECTATION.

MR. MANKTELOW: WELL, YOU KNOW, I'VE BEEN TO

THESE LANDFILLS, I'VE BEEN TO THEIR -- THEIR OPERATIONS AND I SEE THAT

THEY'RE DOING EVERYTHING BASICALLY THEY POSSIBLY CAN. ONE OF THE ISSUES

IS BRINGING ALL THE MATERIAL UP AND THE COST THAT IT COSTS TO GET HERE,

HOW MUCH FUEL ARE WE USING, WHETHER IT'S DIESEL FUEL, DIESEL FUEL

THROUGH A TRAIN. AGAIN, WE'RE OPENING -- OPENING UP SOMETHING THAT I

THINK NEEDS TO BE ADDRESSED IN THIS BILL BEFORE WE GO AHEAD AND PUT IT

NYS ASSEMBLY FEBRUARY 8, 2021

ON THE BALLOT BECAUSE WE REALLY NEED TO KNOW THOSE ANSWERS BEFORE ALL

OF A SUDDEN SOMEONE COMES UP AND SAYS, WELL, I DON'T WANT TO SMELL

THIS ANYMORE. AND IN MY DISTRICT, EVERY DAY WE GET CALLS ABOUT THE

SMELL FROM THESE LANDFILLS AND I'VE GOT CONCERN THAT WE NEED TO HAVE A

GAME PLAN OF WHAT WE'RE GOING TO DO IF -- IF SOMEONE DOES BRING SUIT TO

THIS BECAUSE IT'S GOING TO HAPPEN, JUST LIKE SOME OF THE OTHER COLLEAGUES

HAVE SPOKE ALREADY. THINGS ARE GOING TO HAPPEN BECAUSE WE'RE GIVING

THE PEOPLE THE RIGHT TO DO SO. AND WE DO A GOOD JOB WITH DEALING WITH

IT NOW, BUT IT'S GOING TO GET WORSE AND I JUST WANT TO KNOW WHY WE

DON'T HAVE AN ANSWER FOR THAT IN THIS, OR WHAT IS YOUR ANSWER, I GUESS,

HOW ARE WE GOING TO DEAL WITH THIS?

MR. ENGLEBRIGHT: MAKE YOUR QUESTION A LITTLE

MORE SPECIFIC.

MR. MANKTELOW: SURE, OKAY. SO, STEVE, AS WE

WE'RE TALKING ABOUT THE LANDFILLS, RIGHT. THERE'S GOING TO BE PEOPLE THAT

ARE GOING TO BAN TOGETHER AND THEY'RE GOING TO ASK FOR THESE LANDFILLS TO

BE SHUT DOWN BECAUSE THEY'RE SICK AND TIRED OF THE SMELL, ESPECIALLY

WHEN ALL THE LANDFILL MATERIAL ARE COMING FROM DOWNSTATE. PEOPLE ARE

NOT HAPPY ABOUT IT, DOESN'T MATTER WHAT LETTER THEY HAVE BEHIND THEIR

NAME. WHEN THEY -- WHEN THEY DO THIS, WHAT ARE WE GOING TO DO AS A

STATE WHEN SOME OF THESE LANDFILLS GET HELD UP BY THE COURTS AND SAY,

WE'VE GOT TO STOP THIS UNTIL WE FIGURE THIS OUT. WHAT ARE WE GOING TO

DO? WHO'S GOING TO FIGURE IT OUT AND WHAT ARE WE GOING TO DO?

MR. ENGLEBRIGHT: PART OF THE ANSWER, OF COURSE,

IS THE STATE AGENCIES, MOST PARTICULARLY THE DEPARTMENT OF

NYS ASSEMBLY FEBRUARY 8, 2021

ENVIRONMENTAL CONSERVATION WILL HAVE TO MAKE RECOMMENDED NEW

LAW WHICH WE WILL PASS, OR WE WILL HOLD HEARINGS AND ASK ALL OF THE

STAKEHOLDERS TO SHARE THEIR INFORMATION AND INSIGHTS, AND WE WILL PUSH

FOR A NEW POLICY THAT IS APPROPRIATE TO MEET THE CHALLENGE OF THE

MOMENT.

MR. MANKTELOW: I THINK YOU MAY BE --

MR. ENGLEBRIGHT: YOU CAN'T HAVE - LET ME JUST

FINISH MY THOUGHT IF I COULD - YOU CAN'T HAVE A CONSTITUTIONAL

AMENDMENT ANTICIPATE EVERY SPECIFIC CONCERN IN EVERY PARTICULAR AREA

AND EXPECT TO SPELL THAT OUT; IN FACT, WHAT WE ARE TRYING TO DO HERE IS

JUST FRAME THE EXPECTATION FOR EVERY CITIZEN THAT IF THEY LIVE IN NEW

YORK, THAT THEY KNOW THAT THEY CAN RAISE THEIR FAMILY HERE AND THEIR

LOVED ONES AND BE IN AN ENVIRONMENT THAT IS SAFE TO DO THAT.

MR. MANKTELOW: I TOTALLY AGREE WITH YOU, AND I

THINK THAT SHOULD BE FRAMED THROUGH OUR AGENCIES OF NEW YORK STATE,

NOT THROUGH A CONSTITUTIONAL AMENDMENT BECAUSE THERE'S SO MUCH

VAGUENESS IN THIS IT CAN GO IN ANY DIRECTION. IF WE PUT THE ONUS BACK

ON OUR -- ON OUR DEPARTMENTS OF NEW YORK STATE TO COME UP WITH THE

THINGS THAT WE WANT TO SEE DONE, WE COULD DO IT AT A MUCH BETTER --

CHEAPER COST AND A MUCH BETTER SOLUTION. THIS -- THIS JUST LEAVES US

WIDE OPEN AND I HAVE GRAVE CONCERN FOR OUR AG COMMUNITIES, I REALLY

DO, AND FOR -- FOR EVERYONE BECAUSE, YOU KNOW, YOU MIGHT BE

BARBECUING NEXT DOOR AND I DON'T LIKE THE SMELL OF YOUR BARBECUE

SAUCE. IS THAT GOING TO BE AN ISSUE? I HOPE NOT --

MR. ENGLEBRIGHT: YOU MENTION SMELL. YOU

NYS ASSEMBLY FEBRUARY 8, 2021

KNOW, SMELL SOMETIMES IS A WARNING OF HARM. IN OTHER CASES, SOME

PEOPLE DON'T LIKE THE SMELL OF ONIONS, BUT THEY LIKE THE TASTE OF THEM.

SO, SMELL BY ITSELF IS -- IS VERY DIFFICULT TO QUANTIFY AND TO WRITE IN,

WHICH IS WHY YOU DON'T SEE IT IN OUR EXISTING ENVIRONMENTAL LAWS VERY

MUCH, BUT THERE ARE OTHER BIOLOGICAL INDICATORS THAT ARE MORE ACCURATE

THAT ARE MORE FREQUENTLY ADDRESSED.

MR. MANKTELOW: WELL THANK YOU, I'M GLAD YOU

SAID THAT BECAUSE I THOUGHT SMELL SHOULDN'T BE IN THERE BUT HEARING IT

FROM THE CHAIRMAN OF THE COMMITTEE, IT JUST REASSURES ME THAT YOU'RE

ON THE SAME PAGE WITH ME ABOUT THE SMELL. THE SMELL SHOULD NOT BE

AN ISSUE WITH THIS BILL -- WITH THIS PIECE OF -- THIS CONSTITUTIONAL

AMENDMENT. SO, AGAIN, MR. CHAIRMAN, I THANK YOU FOR YOUR TIME, I

THANK YOU FOR YOUR PATIENCE IN ANSWERING MY QUESTIONS.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE -- WELL, I'M

AFRAID YOU EXHAUSTED YOUR TIME.

MR. MANKTELOW: I'M SORRY?

ACTING SPEAKER AUBRY: I'M AFRAID YOUR TIME

IS UP.

MR. MANKTELOW: ON THE BILL.

ACTING SPEAKER AUBRY: YES. YOUR TIME HAS

BEEN EXPENDED WITH THE QUESTION AND ANSWER EVEN IF YOU WANTED TO GO

ON THE BILL.

MR. MANKTELOW: OKAY. I'LL GO -- I'LL GO ON MY

VOTE THEN. THANK YOU, SIR. THANK YOU, MR. SPEAKER.

NYS ASSEMBLY FEBRUARY 8, 2021

ACTING SPEAKER AUBRY: THANK YOU.

MS. GIGLIO.

MR. BROWN.

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

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL

YOU YIELD?

MR. ENGLEBRIGHT: I WILL YIELD, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. BROWN: FIRST OFF, MR. ENGLEBRIGHT, IT IS MY

DISTINCT HONOR AND PLEASURE TO BE SPEAKING TO YOU ABOUT THIS BILL. YOUR

REPUTATION AS AN ENVIRONMENTAL PROTECTIVE STALWART FOR THE STATE OF

NEW YORK AND ON LONG ISLAND IS UNSURPASSED AND I, FOR ONE, HAVE

WATCHED YOUR CAREER FOR QUITE SOME TIME, SO IT IS A PLEASURE. BUT I RISE

TODAY TO TALK ABOUT THIS PROPOSED CONSTITUTIONAL AMENDMENT BECAUSE

I'M IN FAVOR, BUT I HAVE SOME SEVERE CONCERNS. I'M SOMEWHAT

CONFLICTED BECAUSE AS MUCH AS I THINK IT'S A LAUDABLE GOAL AND

ASPIRATIONAL, I -- I FIRMLY BELIEVE THAT WHEN IT COMES TO PROTECTING THE

ENVIRONMENT, IT'S ONE OF THOSE RARE INSTANCES WHERE WE HAVE LEGISLATION

THAT CUTS ACROSS BOTH AISLES OF THIS BODY. I THINK, THOUGH, THAT THIS

CONSTITUTIONAL AMENDMENT RAISES MORE ISSUES THAN IT ANSWERS. AND

MY FIRST QUESTION, MR. ENGLEBRIGHT, IS I'M SURE YOU'RE FAMILIAR WITH THE

NEW YORK STATE CONSERVATION LAW AND WHEN THEY WERE PASSED; THEY

WERE PASSED BACK IN THE 1970S BY GOVERNOR CAREY AND THE THEN

LEGISLATURE, CORRECT?

NYS ASSEMBLY FEBRUARY 8, 2021

MR. ENGLEBRIGHT: MANY OF THEM WERE. WE

HAVE SOME ENVIRONMENTAL LAWS THAT GO BACK TO THE 19TH CENTURY, BUT

THERE WAS A, AS YOU RIGHTLY POINT OUT, A -- A POINT IN TIME CENTERED IN

THE '70S WHICH IS CALLED THE ENVIRONMENTAL REVOLUTION.

MR. BROWN: RIGHT, AND THERE WAS A BIG PUSH AT

THAT TIME TO PASS SEVERAL PIECES OF LEGISLATION FOR -- FOR THE CLEAN AIR

ACT, THE CLEAN WATER ACT, THE NEW YORK STATE NAVIGATION LAW, ET

CETERA, CORRECT?

MR. ENGLEBRIGHT: THAT'S CORRECT.

MR. BROWN: AND DURING THIS TIME, THE LEGISLATURE

AND THE GOVERNOR SAW FIT TO PASS THIS LEGISLATION IN ORDER TO PROTECT THE

ENVIRONMENT BUT YET, AT THAT TIME, THEY DID NOT CHOOSE TO PASS A

CONSTITUTIONAL AMENDMENT; IS THAT CORRECT?

MR. ENGLEBRIGHT: I DON'T BELIEVE THE

CONSTITUTIONAL AMENDMENT WAS EVEN CONSIDERED.

MR. BROWN: RIGHT. SO DO WE KNOW WHAT THE

IMPACT OF THE PROPOSED CONSTITUTIONAL AMENDMENT WILL BE ON, SAY,

BUSINESSES OR INDUSTRY, OR PERHAPS EVEN LOCAL GOVERNMENT OR STATE

AGENCIES, FOR THAT MATTER?

MR. ENGLEBRIGHT: I BELIEVE IT WILL BE POSITIVE TO

THE EXTENT THAT WE CAN HAVE A HEIGHTENED AWARENESS IN OUR CITIZENS OF

POWERS THAT WE, AS LEGISLATORS, HAVE AND EXPECT FOR US TO DO OUR JOB TO

PREVENT THE KIND OF CONFLICT AND NEGATIVITY THAT THEORETICALLY MIGHT --

MIGHT BE IN THE FUTURE IS SOMETHING THAT EMPOWERS OUR CITIZENS AND

SHOULD HELP EMPOWER ALSO ALL OF THE ACTIVITIES OF OUR SOCIETY, INCLUDING

NYS ASSEMBLY FEBRUARY 8, 2021

OUR ENTERPRISING ACTIVITIES.

MR. BROWN: SO ON THAT NOTE, DO YOU THINK THIS

PROPOSED CONSTITUTIONAL AMENDMENT WILL GIVE A RISE TO CITIZEN SUITS

AGAINST THE STATE, THE COUNTY OR LOCAL GOVERNMENTS THAT ARE NOT

PROVIDED -- IF THEY DO NOT PROVIDE A CLEAN ENVIRONMENT?

MR. ENGLEBRIGHT: NO, I DON'T BELIEVE THAT THAT'S

THE CASE, AND I SAY THAT BECAUSE WE HAVE EXAMINED THE -- THE ISSUE THAT

YOU RAISE. WE CALLED THE NATIONAL CONFERENCE OF STATE LEGISLATURES.

AS YOU MAY KNOW, THERE ARE SIX OTHER STATES THAT HAVE ALREADY PASSED

SIMILAR CONSTITUTIONAL PROVISIONS AND HAVE A LITTLE BIT OF TIME TO SEE IF

THERE WAS ANY NEGATIVE CONSEQUENCE IN TERMS OF LITIGATION. WE HAVE

BEEN FOLLOWING THIS AND TO DATE, WE HAVE NOT SEEN ANY INCREASE IN

CITIZEN LAWSUITS.

MR. BROWN: SO LET ME CUT TO THE CHASE. I

APOLOGIZE, BUT I ONLY HAVE A SHORT PERIOD OF TIME. USING THE MOST

EXTREME EXAMPLE, DO YOU THINK THIS CONSTITUTIONAL AMENDMENT COULD

GIVE A RISE TO A CITIZEN LAWSUIT CHALLENGING THAT THE STATE GOVERNMENT

HAS NOT PROVIDED A COVID-FREE ENVIRONMENT?

MR. ENGLEBRIGHT: LISTEN, ANYONE CAN BRING A

LAWSUIT FOR ANY TIME THAT -- THAT THEY TALK TO A LAWYER.

MR. BROWN: WELL, THAT'S TRUE. WELL, THAT'S TRUE.

WE ARE CREATING, BY VIRTUE OF THIS CONSTITUTIONAL RIGHT, A RIGHT WHICH

ALSO CORRESPONDS WITH EXPECTATIONS, DOES IT NOT?

MR. ENGLEBRIGHT: IF -- IF YOU'RE TRYING TO

SUGGEST THAT PLACING THIS BEFORE THE VOTERS OF THE STATE IS IN SOME WAY

NYS ASSEMBLY FEBRUARY 8, 2021

GOING TO PREDICTABLY CAUSE MAYHEM, I WOULD RESPECTFULLY DISAGREE WITH

THAT. I DON'T SEE THAT --

MR. BROWN: I CAN FEEL MY TIME TICKING AWAY SO

I'M GOING TO GET TO SOME MORE QUESTIONS.

ACTING SPEAKER AUBRY: MR. BROWN.

MR. BROWN: YES, SIR.

ACTING SPEAKER AUBRY: SLOW DOWN.

MR. BROWN: I'M SORRY.

ACTING SPEAKER AUBRY: LET THE MAN ANSWER

-- THE MEMBER TO ANSWER YOUR QUESTIONS. YOU STILL HAVE A SIGNIFICANT

AMOUNT OF TIME.

MR. BROWN: THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: YOU'RE WELCOME.

MR. BROWN: SO WITH RESPECT TO MANY OF THE

EXPECTATIONS THAT YOU CITED TO BEFORE, YOU STATED THAT MANY OF THESE

THINGS WE ALREADY HAVE THE RIGHT FOR UNDER STATE LAW AND FEDERAL LAW,

DO WE NOT?

MR. ENGLEBRIGHT: CAN YOU REPEAT THE QUESTION?

I'M SORRY.

MR. BROWN: I SAID WE ALREADY HAVE MANY OF THESE

RIGHTS UNDER STATE LAW THAT WE'RE TALKING ABOUT, CLEAN AIR, CLEAN WATER,

RIGHT, PROTECTING OUR ENVIRONMENT. WE HAVE MANY OF THESE RIGHTS

ALREADY UNDER STATE LAW AND FEDERAL LAW CURRENTLY ON THE BOOKS.

MR. ENGLEBRIGHT: WE DO NOT HAVE THESE FRAMED

AND GIVEN CONTEXT IN A MANNER THAT THIS WILL PROVIDE, AND WE HAVE NOT

NYS ASSEMBLY FEBRUARY 8, 2021

GONE TO THE VOTERS THEMSELVES TO INVOLVE THEM IN -- IN THE PROCESS OF

MAKING SUCH A DETERMINATION IN CONJUNCTION WITH OUR LEGISLATIVE

ACTIVITIES, THAT'S NEW; HOWEVER, AS YOU RIGHTLY POINT OUT, ON SPECIFIC

SUBJECT MATTERS, WE DO HAVE A LOT OF ENVIRONMENTAL LAW ALREADY IN

PLACE.

MR. BROWN: OKAY, AND I APPRECIATE THAT AND I

FULLY RESPECT THAT, ASSEMBLYMAN ENGLEBRIGHT. I JUST WANT TO -- ON THE

BILL, I GUESS.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BROWN: SO, MR. SPEAKER, I APPRECIATE

ASSEMBLYMAN ENGLEBRIGHT'S ANSWERS TO THE QUESTIONS, BUT I JUST WANT

TO POINT OUT FOR THE FELLOW MEMBERS OF THE ASSEMBLY JUST SOME

CONTEXT. THE CURRENT NEW YORK STATE ENVIRONMENTAL CONSERVATION

LAW SECTION 1-0101, DECLARATION OF POLICY STATES AND I QUOTE, "THE

QUALITY OF OUR ENVIRONMENT IS FUNDAMENTAL TO OUR CONCERN FOR THE

QUALITY OF LIFE. IT IS HEREBY DECLARED THE POLICY OF THE STATE OF NEW

YORK TO CONSERVE, IMPROVE, AND PROTECT ITS NATURAL RESOURCES AND

ENVIRONMENT TO PREVENT AND ABATE AND CONTROL WATER, LAND, AND AIR

POLLUTION IN ORDER TO ENHANCE," AND THIS IS THE IMPORTANT PART, "ENHANCE

THE HEALTH, SAFETY, AND WELFARE OF THE PEOPLE OF THE STATE AND THEIR

OVERALL ECONOMIC AND SOCIAL WELL-BEING." FURTHERMORE, SECTION

47-0103 HAS A SIMILAR DECLARATION OF POLICY WHERE IT STATES, "LOCAL,

COUNTY, AND REGIONAL UNDERSTANDING OF THE IMPORTANCE OF ALL ASPECTS OF

THE ENVIRONMENT IS NECESSARY FOR THE MOST BALANCED USE OF NATURAL

RESOURCES."

NYS ASSEMBLY FEBRUARY 8, 2021

THE POINT BEING, MR. SPEAKER, AND TO THE CHAIRMAN OF

THE ENVIRONMENTAL CONSERVATION COMMITTEE AND THE SPONSOR OF THIS

BILL, IS THAT WE, AS A STATE, ALREADY HAVE THE PROCESS IN PLACE FOR

BALANCE IN OUR LAW, A BALANCE BETWEEN PROTECTING THE ENVIRONMENT AND

ALSO CREATING AN ECONOMIC OPPORTUNITY FOR PEOPLE TO THRIVE IN THIS STATE

WHILE PROTECTING THE ENVIRONMENT. AND AS MUCH AS I -- I APPRECIATE

AND APPLAUD THIS CONSTITUTIONAL AMENDMENT, I FEEL IT'S -- IT'S JUST A

"FEEL GOOD" BILL. IT -- IT DOESN'T, HOWEVER, STRIKE THE PROPER BALANCE. IT

IS TOO VAGUE AND IT'S UNCLEAR AS TO ENFORCEMENT, AND IT'S TOO

OPEN-ENDED. AND I DON'T BELIEVE IT'S NECESSARY GIVEN THE CURRENT

FEDERAL, STATE AND ENVIRONMENTAL LAWS. I FEEL LIKE IT'S GOING TO BOG

DOWN THE ALREADY OVERWHELMED STATE COURT SYSTEM WITH ADDITIONAL --

ADDITIONAL LAWSUITS AND AS MUCH AS I APPRECIATE THE ENDEAVOR, I AM

GOING TO VOTE IN FAVOR OF IT TO GIVE THE PEOPLE THE OPPORTUNITY TO VOTE

ON THE AMENDMENT. SO, THANK YOU VERY MUCH FOR YOUR TIME.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. BURDICK.

MR. BURDICK: THANK YOU, MR. SPEAKER. I STRONGLY

SUPPORT THE CONSTITUTIONAL AMENDMENT IN PLACING THIS ON THE BALLOT.

AS THE CHAIR HAD INDICATED, YOU KNOW, WE CAN COME UP WITH SCORES

AND SCORES OF THEORETICAL AND REMOTE CONCERNS. IT'S ALWAYS EASY TO SAY

NO ON A MEASURE SUCH AS THIS. IT WOULD TAKE WEEKS, AS THE CHAIR

INDICATED, TO ATTEMPT TO ADDRESS EACH ONE OF THEM. THERE'S NOTHING

INSIDIOUS OR MENACING HERE. OTHER STATES HAVE ADOPTED THIS FORM OF

CONSTITUTIONAL AMENDMENT AND THE SKY DID NOT FALL; IN FACT, 43 STATES

NYS ASSEMBLY FEBRUARY 8, 2021

HAVE SOME FORM OF EXPRESSION OF ENVIRONMENTAL VALUES IN THEIR

CONSTITUTIONS. OUR NEIGHBORS IN PENNSYLVANIA ARE AMONG THEM.

ARTICLE 1, SECTION 27 OF THE PENNSYLVANIA CONSTITUTION ACTUALLY GOES

FURTHER: NOT ONLY CLEAN AIR AND PURE WATER, BUT ALSO THE "PRESERVATION

OF THE NATURAL, SCENIC, HISTORIC, AND ESTHETIC VALUES OF THE

ENVIRONMENT," END QUOTE.

RATHER THAN THE MAYHEM THAT IS FEARED, THIS ACTUALLY

WILL BE THE CONTRARY. IT WILL PROVIDE A TREMENDOUS BOOST TO THE

OBJECTIVES OF THE CLCPA AND, YES, IT WILL PUT AN ONUS ON THE

LEGISLATURE TO DELIVER TO THE RESIDENTS OF THIS STATE. THE CHAIR STATED IT

WOULD SHARPEN OUR RESPONSIBILITY, AND THAT'S RIGHT. WE SHOULD BE HELD

ACCOUNTABLE. WE SHOULD BE ACCOUNTABLE TO EVERYONE IN THE STATE FOR

PROVIDING THIS BASIC HUMAN RIGHT, AND I RESPECTFULLY DISAGREE WITH THE

MINORITY THAT IT WOULD TAKE US DOWN THE WRONG PATH. I THINK IT WILL

TAKE US DOWN THE RIGHT PATH. I WILL VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. KELLES.

MS. KELLES: YES, I JUST WANTED TO THANK THE

CHAIRMAN ENGLEBRIGHT FOR BRINGING THIS FORWARD. I THINK THIS IS AN

INCREDIBLY POSITIVE MOVE TO GIVE THE RIGHT TO CLEAN AIR AND WATER TO THE

CITIZENS OF THIS STATE. I DID WANT TO MAKE ONE CLARIFICATION AS I SEE THIS.

THIS -- THIS GIVES THE STATE AND ELECTED OFFICIALS A MANDATE TO ENSURE

CLEAN AIR AND WATER. THIS IS A MANDATE NOT ONLY TO ENSURE CLEAN AIR AND

WATER, BUT TO USE THE EXISTING SCIENCE THAT WOULD DICTATE WHEN WE ARE

OR ARE NOT LEADING IN A DIRECTION OF CONTAMINATING AIR AND WATER, AND I

NYS ASSEMBLY FEBRUARY 8, 2021

THINK THAT THIS IS A -- THIS IS A WIN FOR SCIENCE IN THAT RIGHT.

ONE THING THAT I WANTED TO JUST ADD HERE THAT I'M

FINDING A BIT CONCERNING IS THE DISCUSSION OF A RIGHT OF PRIVATE ACTION,

SPECIFICALLY AS IT PERTAINS TO ACTIONS OF ONE PRIVATE CITIZEN TO THE OTHER.

THIS IS A MANDATE TO OUR GOVERNMENT TO CLEAN AIR AND WATER. THIS IS

NOT A STIPULATION SPECIFIC TO ACTIONS BETWEEN PRIVATE CITIZENS. AND SO, I

JUST WANTED TO MAKE THAT CLARIFICATION BECAUSE IT'S A BIT CONCERNING, I

THINK, THAT IT CAN BE MISLEADING TO THE PUBLIC, AND I THINK THAT THIS IS

REALLY IMPORTANT BECAUSE IT IS TELLING US, IT IS A GUIDANCE FOR US AND OUR

REGULATIONS TO ENSURE THAT WE ARE MOVING IN THE DIRECTION OF CLEAN AIR

AND WATER.

I ALSO WANT TO POINT OUT THAT WE HAVE TALKED ABOUT

HISTORY AND ACTIONS THAT WERE TAKEN HISTORICALLY WITH RESPECT TO WHETHER

OR NOT THIS WAS ADDED OR NOT ADDED TO THE CONSTITUTION, AND I WOULD

HOPE THAT WE WOULD BE ALLOWED TO GROW AS HUMANS WITH NEW

KNOWLEDGE, AND RIGHT NOW WE ARE IN A TIME OF PROFOUND CLIMATE

CHANGE. WE ARE NOT LOOKING AT SOMETHING IN THE FUTURE, WE ARE LOOKING

AT SOMETHING THAT IS PASSING US BY, THAT WE ARE IN RIGHT NOW. SO

ESTABLISHING THIS IN THE MIDDLE OF THE PROFOUND CLIMATE CRISIS THAT WE'RE

IN IS THE RIGHT MOVE NOT ONLY FOR OUR CURRENT GENERATION, BUT FUTURE

GENERATIONS OF ALL CITIZENS, WHETHER THEY BE FARMERS, NOT FARMERS, LIVING

IN RURAL AREAS, LIVING IN URBAN AREAS. THIS IS A MOVE BECAUSE OF THE

SCIENCE THAT WE HAVE SEEN IN CLIMATE CHANGE. SO I JUST WANTED TO POINT

OUT THAT DISTINCTION, LEGALLY SPEAKING. THIS IS A MANDATE TO STATES NOT

INTERFERING BETWEEN PRIVATE INDIVIDUALS. SO THANK YOU SO MUCH FOR

NYS ASSEMBLY FEBRUARY 8, 2021

BRINGING THIS FORWARD AND I AM ABSOLUTELY IN SUPPORT. THANK YOU SO

MUCH, CHAIRMAN ENGLEBRIGHT.

ACTING SPEAKER AUBRY: THANK YOU SO MUCH.

MS. GALLAGHER.

MS. GALLAGHER: THANK YOU SO MUCH. I AM ALSO

SPEAKING ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. GALLAGHER: THANK YOU. I LIVE IN

GREENPOINT, BROOKLYN, AND MY APARTMENT IS JUST A FEW BLOCKS FROM

NEWTOWN CREEK WHICH DURING THE GILDED AGE WAS NICKNAMED "THE

LITTLE MISSISSIPPI OF THE NORTH," WHICH WAS HOME TO MANY PRACTICES

THAT HAVE SINCE BEEN MADE ILLEGAL, BUT WE ARE STILL CLEANING UP THOSE

INDUSTRIES' MESS. OUR WATER IS STILL NOT SWIMMABLE, OUR SEWAGE

OVERFLOW CONCERNS MAKE THIS A NEVER-ENDING COMMITMENT FOR CLEANUP.

THE LONG HISTORY OF ENVIRONMENTAL DEGRADATION AT THE HANDS OF INDUSTRY

IN THIS COMMUNITY HAS LASTED FOR OVER 100 YEARS, AND MY DISTRICT HAS

SUFFERED FROM ONE OF THE LARGEST OIL SPILLS IN THE COUNTRY'S HISTORY. BOTH

IN THE AIR AND UNDER THE GROUND, WE SUFFER FROM EXTRA POLLUTION. FROM

ABOVE, WE HAVE TRUCKS AND CARS SPEWING LEAD AND OTHER CHEMICALS INTO

OUR LUNGS FROM THE WILLIAMSBURG BRIDGE AND FROM THE

BROOKLYN/QUEENS EXPRESSWAY. FROM UNDERGROUND, WE HAVE LEAD IN

THE SOIL AND A MULTITUDE OF PLUMES THAT INCLUDE AUTOIMMUNE

DISRUPTORS, CANCER-CAUSING AGENTS, AND HEAVY METALS.

FOR GENERATIONS, MY COMMUNITY HAS FOUGHT BIG

INDUSTRY. WE DID NOT NEED THIS BILL TO DO IT. WE FOUGHT WITH LAWSUITS.

NYS ASSEMBLY FEBRUARY 8, 2021

AND WE'VE ALSO FOUGHT WITH ACTION AND WITH OUR OWN ELBOW GREASE.

SOMETIMES WE WIN, BUT THE STRUGGLE IS SO MUCH BIGGER AND SO MUCH

MORE -- FEELING INSURMOUNTABLE AT TIMES. THE DEC IS UNDERFUNDED,

OUR WATER QUALITY STANDARDS ARE WELL BEHIND MODERN STANDARDS IN THE

REST OF THE COUNTRY, AND WE ARE IN CLIMATE CRISIS. IT TAKES A GREAT DEAL OF

WILLPOWER TO STAND UP FOR YOUR RIGHT TO LIVE HEALTHFULLY, ESPECIALLY IF

YOU ARE STRUGGLING WITH POVERTY AND STRUCTURAL RACISM ON TOP OF ALL

ELSE. THIS AMENDMENT WILL GRANT THAT BIT OF COURAGE THAT WE ALL NEED TO

SAY THAT THIS LAND IS OUR LAND AND THIS LAND IS YOUR LAND, THAT WE AND OUR

FAMILIES HAVE A RIGHT TO SURVIVE WITH THE BASIC NECESSITIES OFFERED BY A

CLEAN ENVIRONMENT.

I AM IN FULL SUPPORT OF THIS BILL AND I WOULD LIKE TO

THANK CHAIRMAN ENGLEBRIGHT FOR BRINGING IT TO THE FLOOR. MY

COMMUNITY NEEDS THIS BILL AND WE NEED THE SUPPORT OF THE

CONSTITUTION. THANK YOU. I WILL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOTTFRIED.

MR. GOTTFRIED: THANK YOU, MR. SPEAKER. YOU

KNOW, IN 1776 THE FIRST DRAFT OF THE DECLARATION OF INDEPENDENCE SAID

THAT WE ARE ENDOWED WITH THE RIGHT TO LIFE, LIBERTY, AND PROPERTY.

FORTUNATELY, THOMAS JEFFERSON HAD THE GOOD SENSE TO CHANGE THAT TO

LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS. OUR RIGHTS ARE MORE THAN --

THAN THE RIGHT TO PROPERTY, AND THIS AMENDMENT RECOGNIZES SOME RIGHTS

THAT MIGHT HAVE BEEN EXPRESSED IN SOME OF OUR STATUTES, BUT I THINK THE

RIGHT TO A CLEAN ENVIRONMENT IS SOMETHING THAT IS IMPORTANT ENOUGH

NYS ASSEMBLY FEBRUARY 8, 2021

THAT IT OUGHT TO BE RECOGNIZED IN OUR CONSTITUTION. AND THAT'S WHAT THIS

DOES.

NOW, WHAT IS A RIGHT? YOU KNOW, IF YOU CAN'T ENFORCE

SOMETHING, YOU REALLY CAN'T CALL IT A "RIGHT." YOU KNOW, I MIGHT THINK I

HAVE THE RIGHT TO VANILLA ICE CREAM, BUT THERE'S REALLY NO WAY FOR ME TO

ENFORCE THAT RIGHT. SO IT ISN'T REALLY A "RIGHT." AND OUR RIGHTS SHOULD

NOT, IN AMERICA, SHOULD NOT BE SEEN AS SOMETHING THAT IS GRACIOUSLY

ENFORCED ON OUR BEHALF BY THE LEGISLATURE. YES, THE LEGISLATURE SHOULD

BE PROTECTING OUR -- OUR RIGHTS, BUT WE SHOULDN'T BE TOTALLY BEHOLDEN TO

THE LEGISLATURE TO BE PROTECTING OUR RIGHTS.

YOU KNOW, WE'VE HAD A LOT OF TALK HERE TODAY ABOUT

WHETHER, OH MY GOODNESS, CAN WE -- DOES THIS GIVE US A RIGHT NOT TO

HAVE BAD SMELLS COMING OVER FROM OUR NEIGHBORHOOD -- OUR NEIGHBOR'S

PROPERTY. WELL, I DON'T THINK ANYONE REALLY DOUBTS WHETHER IF YOUR

NEIGHBORHOOD -- IF YOUR NEIGHBOR IS PRODUCING POLLUTED WATER THAT

MIGRATES TO YOUR PROPERTY THAT THAT POLLUTED WATER IS A VIOLATION OF YOUR

RIGHTS FOR WHICH YOU MIGHT BE ABLE TO HAVE LEGAL RECOURSE. WHY

SHOULD IT BE DIFFERENT IF YOUR NEIGHBOR IS SENDING AIR AS OPPOSED TO

WATER ONTO YOUR PROPERTY THAT CAN SICKEN YOU?

NOW, A BAD SMELL IS NOT NECESSARILY UNCLEAN OR

UNHEALTHY, AND IN MANY CASES IT WOULDN'T BE RECOGNIZED AS ANY KIND OF

RIGHT TO BE FREE OF A -- OF A SMELL YOU DON'T LIKE. BUT A BAD SMELL MIGHT

BE INDICATIVE OF SOMETHING REALLY SERIOUS. AND A BAD SMELL COMING

FROM YOUR NEIGHBOR'S PROPERTY MIGHT BE SOMETHING THAT IS SO SEVERE

THAT IT IS ESSENTIALLY DEPRIVING YOU OF THE USE OF YOUR PROPERTY, IN

NYS ASSEMBLY FEBRUARY 8, 2021

WHICH CASE ONE OF THE REASONS WHY WE'VE HAD COURTS FOR THE LAST, I

DON'T KNOW, THOUSAND OR SO YEARS OF ANGLO-SAXON AMERICAN HISTORY IS

TO PROTECT US IN CIRCUMSTANCES LIKE THAT. THAT'S AMONG THE REASONS WHY

WE HAVE COURTS TO PROTECT OUR RIGHTS, AND IT'S ALSO WHY OCCASIONALLY WE

NEED TO TAKE ACTION TO ADD TO THE BUNDLE OF RIGHTS THAT WE, AS NEW

YORKERS, ARE ENTITLED TO. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. FORREST.

MS. SOUFFRANT FORREST: THANK YOU. MR.

SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. SOUFFRANT FORREST: THANK YOU, MR.

SPEAKER AND THANK YOU, CHAIRMAN ENGLEBRIGHT. I ABSOLUTELY LOVE THIS

BILL. THIS BILL SETS THE EXPECTATION FOR ALL CITIZENS, CORPORATIONS,

GOVERNMENT AGENCIES, THAT THE ENVIRONMENT SHOULD BE SAFE. EVERY

NEW YORKER SHOULD EXPECT AND TRUST THAT THE WATER THAT THEY'RE

DRINKING IS CLEAN AND SAFE FROM TOXIN. THE EXPECTATION AND TRUST THAT

EVERYONE IS HELD ACCOUNTABLE, THAT THE AIR IS SAFE AND CLEAN, AND THAT

YOU SHOULD EXPECT THAT THE AIR THAT YOU'RE BREATHING WILL NOT TRIGGER

ASTHMA, COPD OR ANYTHING ELSE.

THIS BILL SAYS THAT NEW YORK STATE, THAT ITS VALUE --

THAT IT VALUES ITS ENVIRONMENT AND BELIEVE THAT IT'S A RESOURCE THAT

SHOULD BE AVAILABLE TO ALL REGARDLESS OF WHERE YOU LIVE, THE COLOR OF

YOUR SKIN, OR YOUR SOCIOECONOMIC STATUS. VOTERS SHOULD UNDERSTAND

AND BE EDUCATED THROUGH THIS CONSTITUTIONAL CHANGE THAT THEIR -- THAT

NYS ASSEMBLY FEBRUARY 8, 2021

THEIR -- THAT THEIR STATE VALUES THEIR HEALTH AND ACCESS TO QUALITY OF LIFE.

NEW YORKERS SHOULD HAVE THE RIGHT TO FIGHT AND DEFEND WHAT -- THOSE

VALUES. WE FIGHT FOR SPEECH, WE FIGHT FOR GUNS; THIS BILL SAYS THAT YOU

HAVE THE RIGHT TO FIGHT FOR CLEAN SPACE, PERIOD. AS A LEGISLATOR, I DON'T

CONCERN MYSELF TOO MUCH ABOUT POTENTIAL COURTS -- EXCUSE ME,

POTENTIAL TORTS OR LEGAL CASES. I, AS A LEGISLATOR, MY JOB IS TO DEFEND

RIGHTS FOR PEOPLE. I -- I VOTE FIRMLY AND PROUDLY IN THE AFFIRMATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. GLICK.

MS. GLICK: THANK YOU, MR. SPEAKER. I WAS NOT

GOING TO SPEAK ON THIS BILL, BUT LISTENING TO THE DEBATE CAUSED ME TO

FEEL LIKE I WANTED TO WEIGH IN JUST A LITTLE BIT. CURRENTLY, UNDER CURRENT

LAW, PEOPLE CAN, IN FACT, BRING SUITS. THE A -- THE ATTORNEY GENERAL

CAN INTERVENE IN CERTAIN CIRCUMSTANCES UNDER CURRENT LAW. THIS DOES

NOT CHANGE THE LAW. WHAT IT DOES IS THAT IT CREATES A CONSTITUTIONAL

MARKER THAT ENSURES THAT WHILE LAWS CAN CHANGE, THE BASIC

UNDERPINNING OF THE CONSTITUTION DOES NOT.

ONE OF OUR COLLEAGUES REFERENCED THE FACT THAT MANY

PEOPLE MOVE FROM THE CITY TO SUBURBAN OR -- OR RURAL AREAS, AND I

WOULD SIMPLY SAY AS SOMEONE WHO HAS DONE THAT FOR WEEKENDS AND

SUMMER, THE SWEET SMELL OF MANURE IS A MARKER OF A CERTAIN TIME OF THE

YEAR, AND IT REALLY IS INCUMBENT UPON REAL ESTATE AGENTS TO POINT OUT TO

PEOPLE, AS DID OUR REAL -- REALTOR THAT WE WERE MOVING INTO AN

AGRICULTURAL COMMUNITY; THAT THERE WOULD BE NOISES AT SOME TIME THAT

NYS ASSEMBLY FEBRUARY 8, 2021

WOULD INVOLVE MAYBE QUARRYING, WHICH IS JUST DOWN THE ROAD; THAT

THERE MIGHT BE SMELLS THAT WE WERE UNACCUSTOMED TO; THERE IS A SLURRY

DOWN THE -- JUST DOWN THE ROAD AND THERE ARE TIMES WHEN THE FIELD IS

FERTILIZED THAT THERE IS A -- AN ODOR CARRIED ON THE BREEZE, BUT IT

DISSIPATES. THIS IS, YOU KNOW, LIVING IN THE COUNTRY IS NOT SOMETHING

THAT PEOPLE FROM THE CITY ARE ANXIOUS TO DO IN ORDER TO DISRUPT THE LIVES

OF PEOPLE WHO HAVE BEEN LIVING FOR GENERATIONS PROVIDING FOOD TO

OTHER NEW YORKERS. SO I THINK SOME OF THIS IS A BIT OVERBLOWN, AND I

UNDERSTAND THERE'S ANXIETY, BUT IT'S, I THINK, NOT SOMETHING THAT IS LIKELY,

BY PASSING THIS, TO CREATE GREATER CONFUSION OR GREATER SENSE OF

DISRUPTION TO THE LIVES OF PEOPLE WHO HAVE BEEN LIVING IN RURAL

COMMUNITIES.

I WOULD ALSO JUST LIKE TO POINT OUT, MR. SPEAKER, THAT

SINCE WE ARE NOT IN THE CHAMBER AND WE ARE OPERATING REMOTELY, IT IS A

LITTLE MORE DIFFICULT FOR THE DEBATE TO OCCUR, AND PERHAPS AT SOME POINT

WE SHOULD REMIND MEMBERS, ESPECIALLY NEW MEMBERS, THAT THIS IS NOT A

COURT OF LAW, BUT RATHER AN OPPORTUNITY FOR US TO HAVE AN EXCHANGE OF

IDEAS BETWEEN COLLEAGUES, AND THAT WE GIVE EACH OTHER A CHANCE TO

ANSWER AND THAT WE ARE NOT DEFENDANTS ON -- IN A COURT, OR WITNESSES AT

-- IN A COURTROOM.

SO WITH THAT, MR. SPEAKER, I WANT TO JUST THANK MR.

ENGLEBRIGHT FOR HIS CONSTANCY IN TRYING TO PROTECT NEW YORK'S

ENVIRONMENT, AND THAT THIS CONSTITUTIONAL AMENDMENT WHICH WILL GO

BEFORE THE PUBLIC WILL BE SOMETHING THAT WILL CREATE A FRAMEWORK IN THE

CONSTITUTION AND THAT THE VAGARIES OF LAWMAKING WILL NOT UNDERMINE.

NYS ASSEMBLY FEBRUARY 8, 2021

AND WITH THAT, I LEND MY SUPPORT TO THE MEASURE.

ACTING SPEAKER AUBRY: THANK YOU.

MS. LUNSFORD.

MS. LUNSFORD: THANK YOU. LIKE MY COLLEAGUE, I

-- I HAD ALSO NOT PLANNED TO SPEAK ON THIS BILL, BUT I'VE BEEN INSPIRED.

THERE'S NOTHING IN THIS AMENDMENT THAT CREATES A PRIVATE RIGHT OF

ACTION. I KNOW SEVERAL OF US HAVE SAID THAT, BUT I FEEL IT BEARS

REPEATING: A PRIVATE RIGHT OF ACTION MUST BE AFFIRMATIVELY CONVEYED.

IT CANNOT BE READ BACKWARDS INTO A LAW. THERE IS NOTHING THAT GIVES A

CITIZEN AN EXPLICIT RIGHT TO SUE ANOTHER PRIVATE CITIZEN OR PRIVATE

CORPORATION, A LANDFILL, A FARM, A WIND TURBINE MANUFACTURER, UNDER THIS

LAW. IF TWITTER BANS SOMEONE FOR VIOLATING THEIR COMMUNITY STANDARDS,

THE BANNED PERSON DOES NOT SUE THE GOVERNMENT BECAUSE TWITTER

VIOLATED THEIR RIGHT TO FREE SPEECH. IT'S NOT HOW THESE LAWS WORK. AND

I THINK THAT THERE HAS BEEN A LOT OF DISCUSSION AROUND THE MANY

SCENARIOS THAT LITIGATION CAN ARISE IN WITHOUT CONTEMPLATING, AS SEVERAL

OF MY OTHER COLLEAGUES HAVE POINTED OUT, THAT OTHER AREAS OF LITIGATION

ARE ALREADY OPEN AND EXIST FOR ATTENDING TO THESE ISSUES.

I, TOO, HAVE A LANDFILL IN MY DISTRICT. THERE ARE

CURRENTLY TWO LAWSUITS PENDING SURROUNDING THE SMELL AND OTHER

ATTENDANT ISSUES OF THIS LANDFILL. PUBLIC NUISANCE, LAND USE LAWS,

NEGLIGENCE, WE HAVE ANY NUMBER OF AVENUES FOR PEOPLE TO BRING SUIT

FOR EXACTLY THE KIND OF PROBLEMS CONTEMPLATED BY MY COLLEAGUES

TODAY. THIS AMENDMENT DOES NOT CONVEY UPON THE CITIZENRY ANY

ADDITIONAL RIGHTS OF ACTION AGAINST OTHER BUSINESSES, AGAINST OTHER

NYS ASSEMBLY FEBRUARY 8, 2021

PEOPLE, AGAINST THEIR NEIGHBORS. WHAT IT DOES DO IS EXPRESSLY VEST IN

THE PEOPLE AN AFFIRMATIVE RIGHT. IT TAKES FROM US, AS A GOVERNMENT, THE

POWER TO HARM OUR PEOPLE WITHOUT REPERCUSSION. IT ALLOWS THE PEOPLE

TO HOLD TO ACCOUNT NOT JUST THIS LEGISLATIVE BODY, BUT ALL FUTURE

LEGISLATIVE BODIES, IF WE ATTEMPT TO ROLL BACK THE GOOD ENVIRONMENTAL

PROGRESS THAT WE HAVE MADE. IT HOLDS US ACCOUNTABLE BY GIVING THE

POWER BACK TO THE PEOPLE. AND THAT'S WHAT THIS AMENDMENT IS ABOUT.

THIS ISN'T A GESTURE. THIS AMENDMENT ENSURES THAT OUR

PLANET, OUR HEALTH, AND OUR CHILDREN'S FUTURES WILL NOT BE SUBJECT TO THE

WHIM OF POLITICS OR THE FASHION OF THE DAY. IT REAFFIRMS OUR

COMMITMENT TO MAKING NEW YORK A CLIMATE ACTION LEADER THROUGHOUT

THE COUNTRY AND THE WORLD. I VOTE IN THE AFFIRMATIVE, AND THANK YOU

VERY MUCH TO THE CHAIR AND TO ALL THE ADVOCATES WHO HAVE FOUGHT FOR

THIS BILL.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SEPTIMO.

MS. SEPTIMO: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. SEPTIMO: SO RIGHT NOW WE'RE DEBATING A

CONSTITUTIONAL AMENDMENT TO GUARANTEE THE RIGHT TO CLEAN AIR AND

CLEAN WATER TO EVERY NEW YORKER. AND SOME COLLEAGUES HAVE

MENTIONED THAT THEY BELIEVE THE FEDERAL REGULATIONS GO FAR ENOUGH TO

GUARANTEE THIS. WELL, I WANTED TO POINT OUT FIRST THAT THE FIRST FEDERAL

CLEAN WATER REGULATIONS BEGAN IN 1948, BUT IN YEAR 2000, A RUSTED CAR

NYS ASSEMBLY FEBRUARY 8, 2021

WAS PULLED OUT OF THE BRONX RIVER. AND FEDERAL CLEAN AIR REGULATIONS

BEGAN IN 1950, BUT TODAY, IN 2021, CHILDREN WHERE I GREW UP IN THE

NEIGHBORHOOD OF HUNTS POINT IN THE BRONX STILL HAVE ASTHMA ATTACKS AS

THE NUMBER ONE REASON THEY MISS SCHOOL EACH YEAR. THE SOUTH BRONX

HAS MORE THAN 30,000 TRACTOR TRAILER TRUCKS DRIVE THROUGH THE AREA EACH

DAY, AND THOUSANDS MORE CARS. AND THE EFFECT OF THIS IS THAT THE SOUTH

BRONX HAS THE HIGHEST ASTHMA RATE IN THE ENTIRE NATION - THE HIGHEST

ASTHMA RATE IN THE ENTIRE NATION - AND, YET, WE ARE HERE DEBATING

WHETHER OR NOT TO GUARANTEE THE RIGHT TO CLEAN AIR AND CLEAR WATER TO

EVERY NEW YORKER.

I HEAR COLLEAGUES DISCUSSING SOME OF THE UNCERTAINTY

THEY THINK WILL ARISE WITH THE PASSAGE OF THIS AMENDMENT BECAUSE THEY

ARE CONCERNED ABOUT LITIGATION AND HEIGHTENED RESPONSIBILITY, AND HAVE

EVEN GONE AS FAR AS SUGGESTING EXEMPTIONS. AND I WANT TO CENTER WHAT

WE'RE REALLY TALKING ABOUT: EXEMPTIONS ABOUT A GUARANTEED RIGHT TO

CLEAN AND CLEAN WATER. THAT WOULD BE A LIST OF TIMES OR SITUATIONS

WHERE WE BELIEVE PEOPLE ARE NOT ENTITLED TO LIVE WITH CLEAN AIR AND

CLEAN WATER.

THIS MEASURE WILL SIMPLY MAKE IT SO THAT COMPANIES,

DEVELOPERS, GOVERNMENTS, AND EVERYONE IN BETWEEN MUST BE THOUGHTFUL

ABOUT ENVIRONMENTAL IMPACT AND HOW THAT IMPACT RELATES TO REAL LIVING,

BREATHING PEOPLE. THERE'S A -- ACTUALLY, A COMMON PHRASE TO DISCUSS

THE SOUTH BRONX'S HISTORY THAT YOU MAY HAVE HEARD THAT SAYS, THE

BRONX IS BURNING, BUT THANKS TO THE WORK OF ORGANIZATIONS LIKE THE

POINT CDC, YOUTH MINISTRIES FOR PEACE AND JUSTICE, MOTHERS ON THE

NYS ASSEMBLY FEBRUARY 8, 2021

MOVE, THE NEW YORK CITY ENVIRONMENTAL JUSTICE ALLIANCE, ROCKING

THE VOTE, THE BRONX RIVER ALLIANCE, AND SO MANY OTHERS, THAT PHRASE

HAS BECOME THAT, THE BRONX IS BREATHING. TODAY WE HAVE BEAVERS AND

SCHOOLS OF FISH REGULARLY IN THE BRONX RIVER, AND ORGANIZATIONS WHO

USE RIVER WORK AS A TOOL FOR DEVELOPMENT FOR YOUNG PEOPLE. AND WHILE

THIS SPEAKS TO REMARKABLE DEVELOPMENT, AS LONG AS PEOPLE ARE

UNHEALTHIER DUE TO THE AIR THEY BREATHE, AS LONG AS POLLUTING INDUSTRIES

ARE ALLOWED TO THRIVE AT THE EXPENSE OF INDIVIDUALS, AND AS LONG AS

ASTHMA COULD EVER BE THE NUMBER ONE REASON CHILDREN MISS SCHOOL, WE

HAVE A LOT OF WORK TO DO.

I'M SO PROUD TO SUPPORT THIS LEGISLATION THAT FINALLY

GUARANTEES WHAT WE, IN THE BRONX, KNOW TO BE TRUE, WHICH IS THAT CLEAN

AIR AND CLEAN WATER ARE RIGHTS THAT SHOULD BE FIERCELY PROTECTED,

DEFENDED, AND EXPANDED. AND I LOOK FORWARD TO CONTINUING TO SET HIGH

STANDARDS FOR AIR QUALITY AND CONTINUE -- CONTINUING TO EXPAND

WATERFRONT ACCESS FOR COMMUNITIES THROUGHOUT NEW YORK. BUT FOR

NOW, I STRONGLY SUPPORT THIS MEASURE FOR PROVIDING THE SPACE FOR ALL OF

US TO BREATHE A BIT MORE FREELY. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. EPSTEIN.

MR. EPSTEIN: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. EPSTEIN: I WANT TO THANK THE SPONSOR FOR

BRINGING THIS CONSTITUTIONAL AMENDMENT FORWARD, AND I'M PROUD TO BE

NYS ASSEMBLY FEBRUARY 8, 2021

A COSPONSOR OF THIS. FIRST, WE NEED TO THINK ABOUT PEOPLE OVER PROFITS.

THIS BILL CENTERS AROUND THE NEEDS OF NORMAL HUMAN BEINGS, NORMAL

NEW YORKERS. THE IMPACT IT WILL HAVE TO PROVIDE CLEAN AIR AND CLEAN

WATER IS IMMEASURABLE. WE'VE SEEN TIME AND TIME AGAIN INCIDENTS OF

PEOPLE DENIED ACCESS TO CLEAN WATER, THE RISK OF EXPOSURE, THE RISK OF

LEAD PAINT, THE RISK OF HEALTHY AIR. WHETHER IT'S ASTHMA THAT WE'VE SEEN

WITH MY CHILDREN IN THE LOWER EAST SIDE, OR WE'VE HEARD CHILDREN IN

THE BRONX, THE RISK IS TOO HIGH. THE RISK OF WATER POLLUTION THROUGHOUT

THE STATE, WHERE MY MOTHER LIVES ON LONG ISLAND, WHERE OTHER CITIZENS

UPSTATE WE'VE HEARD TIME AND TIME AGAIN, THE RISK IS HIGH.

THE QUESTION BEFORE YOU AND BEFORE US ALL IS: WHEN IS

IT TOO LATE FOR NEW YORK TO ACT? TODAY IS A DAY FOR NEW YORK TO ACT.

WE MUST STAND TOGETHER, STAND FOR THE ENVIRONMENT, STAND FOR OUR

CHILDREN, STAND FOR THE NEW YORKERS TO COME AND SAY WE, AS A

LEGISLATURE, BELIEVE YOU HAVE A RIGHT, A CONSTITUTIONAL RIGHT TO AIR AND

WATER, AND WE'RE GOING TO FIGHT FOR THAT FOR YOU FOR GENERATIONS TO

COME. I'M DEEPLY CONCERNED ABOUT THIS. I APPLAUD THE SPONSOR AND

ENCOURAGE US TO DO AS MUCH AS WE CAN TO GET THIS PASSED, GET IT OUT OF

THE LEGISLATURE, AND GET IT PASSED ON THE BALLOT IN NOVEMBER. THANK

YOU, MR. SPEAKER. I'M GLAD TO COSPONSOR AND SUPPORT THIS BILL.

ACTING SPEAKER AUBRY: CERTAINLY.

MS. GIGLIO.

MS. GIGLIO: GOOD AFTERNOON, MR. SPEAKER. WILL

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL

NYS ASSEMBLY FEBRUARY 8, 2021

YOU YIELD?

MR. ENGLEBRIGHT: I YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. GIGLIO: GOOD AFTERNOON, MR. ENGLEBRIGHT.

MR. ENGLEBRIGHT: GOOD AFTERNOON.

MS. GIGLIO: I JUST HAVE A COUPLE OF QUESTIONS. I

WANTED TO KNOW IF THERE WAS ANY FUNDING FOR ANY OF THE PLUMES THAT

HAVE COME OUT OF THE GRUMMAN FACILITIES.

MR. ENGLEBRIGHT: THE FUNDING IS SOMETHING

THAT IS CONTEMPLATED FOR -- WITHIN OUR CURRENT BUDGET AS PROPOSED BY

THE EXECUTIVE. WHAT WE HAVE DONE THERE IS ADVANCE APPROXIMATELY

$26 MILLION OF STATE FUNDS. WE'RE LOOKING TO HAVE A SETTLEMENT WITH

NORTHROP GRUMMAN AND THE U.S. NAVY THAT WOULD RETURN THAT MONEY

TO US. WE'RE PRESENTLY USING THE FUNDS -- OR ANTICIPATING IF WE PASS THE

BUDGET WITH THIS AS PROPOSED, USING ENVIRONMENTAL DAMAGES ACCOUNT

FUNDS. AS YOU KNOW, ENVIRONMENTAL DAMAGES ACCOUNT, IT HAS A SOLE

TRUSTEE, IT'S THE COMMISSIONER OF THE DEC. SO THE ANSWER IS YES, WE

ARE PLANNING TO USE SOME STATE MONEY, WE'RE HOPING TO BE REIMBURSED.

MS. GIGLIO: WELL, THAT'S WONDERFUL NEWS. AND MY

SECOND QUESTION IS: DO YOU THINK THAT IT IS HEALTHY OR HEALTHFUL TO SELL

RECREATIONAL MARIHUANA WITHIN 500 FEET OF A SCHOOL DISTRICT WHEN

SCHOOL DISTRICTS OFTEN LEAVE THEIR WINDOWS OPEN AND IN THE SPRING AND

IN THE SUMMER, AND THE POTENTIAL FOR THE SMOKING OF MARIHUANA IN

CLOSE PROXIMITY TO THE SCHOOLS COULD HAVE A HEALTH RISK TO THOSE

STUDENTS?

NYS ASSEMBLY FEBRUARY 8, 2021

MR. ENGLEBRIGHT: THAT -- MY OWN PARTICULAR

OPINION IS THAT THAT'S NOT RELEVANT NECESSARILY TO THE MEASURE BEFORE US,

BUT I DON'T -- I WOULD NOT FAVOR THAT PERSONALLY.

MS. GIGLIO: OKAY. THANK YOU TO THE SPONSOR.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. GIGLIO: I THINK EVERYONE IN THE CHAMBER AND

ALL THE ASSEMBLY AND SENATE AND ALL OF OUR ELECTED LEADERS AGREE THAT

EVERYBODY SHOULD HAVE A RIGHT TO CLEAN WATER AND A HEALTHFUL

ENVIRONMENT. THE GRUMMAN FACILITY IN MY DISTRICT DOES HAVE A PLUME

THAT HAS AFFECTED SEVERAL DRINKING WATER WELLS WITHIN THE VICINITY. THE

STATE LOWERED THE STANDARDS OF THE PARTS PER TRILLION FROM 70 PARTS PER

TRILLION TO 10 PARTS PER TRILLION, AND THE NAVY IS NOT ACKNOWLEDGING

THAT. SO, A SMALL MUNICIPALITY LIKE THE TOWN OF RIVERHEAD WITH THEIR

OWN WATER DISTRICT COULD BE RESPONSIBLE FOR PAYING NEARLY $5 MILLION IN

CONNECTING THESE PEOPLE TO PUBLIC WATER. SO, I HOPE THAT THE FUNDING

DOES GET PASSED AND THE RIVERHEAD MUNICIPALITY DOES GET THE MONEY TO

EXTEND PUBLIC WATER TO THOSE PEOPLE WHOSE WELLS HAVE BEEN TESTED AND

HAVE CONTAMINANTS IN THEM, NUMBER ONE.

NUMBER TWO, THE -- THE FARMERS AND THE DUST IN A VERY

HEAVY AGRICULTURAL DISTRICT AND SEEING THE OPPOSITION LETTERS FROM ALL OF

THE FARM BUREAUS IN THE -- IN UPSTATE, IT'S A CONCERN THAT FARMERS

WOULD HAVE TO, IF THERE WAS AN ACTION BROUGHT AGAINST THEM BECAUSE IT

IS A RIGHT TO CLEAN AIR UNDER THE NEW YORK STATE CONSTITUTION, IF THIS

SHOULD PASS, TO SELL THEIR PROPERTIES AND CREATE RESIDENTIAL DWELLINGS ON

NYS ASSEMBLY FEBRUARY 8, 2021

THOSE FARMS, WHICH WOULD HEAVILY IMPACT THE SCHOOL DISTRICT.

I COME FROM THE NORTH FORK OF LONG ISLAND, WHICH IS

A -- A TOURISM DISTRICT. PEOPLE COME OUT FOR THE FARMS. PEOPLE COME

OUT TO GO OUT ON THE FERRY, TO GO TO GREENPORT, TO ENJOY THE WATERFRONT

COMMUNITY, SO CLEAN WATER IS OF UTMOST IMPORTANCE. WHEN IT COMES TO

JOB CREATION AND MANUFACTURING AND TRUCKS CARRYING FINISHED GOODS TO

OTHER DESTINATIONS EITHER IN THE STATE OR OUTSIDE OF THE STATE, I -- I -- I'M

CONCERNED THAT SOMEBODY COULD SAY THERE'S TOO MANY TRUCKS COMING

OUT OF THAT FACILITY THAT'S CREATING THOUSANDS OF JOBS FOR THE NEIGHBORING

RESIDENTS. SO THERE ARE A LOT OF THINGS THAT CONCERN ME WITH THIS. I -- I

SAID I AGREE, WE ALL BELIEVE IN CLEAN AIR, WATER, AND A HEALTHY

ENVIRONMENT. AND I WILL LEAVE IT UP TO THE VOTERS IN MY DISTRICT TO

DECIDE ON THE BALLOT AND REFERENDUM AS TO WHAT THE COSTS ARE ASSOCIATED

WITH THIS AND THE RIGHTS UNDER THE NEW NEW YORK STATE CONSTITUTION AS

AMENDED. SO, I WILL BE VOTING IN THE AFFIRMATIVE, BUT I WILL BE TALKING

TO MY CONSTITUENTS ABOUT ALL OF MY CONCERNS, AND I WILL BE LISTENING TO

THEIRS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. PHILLIP STECK.

MR. STECK: VERY BRIEFLY ON THE BILL, MR. CHAIRMAN

-- MR. SPEAKER, I MEAN. OF COURSE EVERYONE IS FOR CLEAN AIR AND CLEAN

WATER, BUT FOR SOME, LAWS ARE ONLY SYMBOLIC OF OUR ASPIRATIONS. I

DISAGREE. I FAVOR ENFORCEMENT OF THE LAW. LAWS ARE MEANT TO BE REAL

AND REALLY ACCOMPLISH THINGS, NOT JUST TO BE AVOIDED EVERY TIME

SOMEONE CONJURES UP A DOOMSDAY SCENARIO. STEP TWO IS TO ACTUALLY

NYS ASSEMBLY FEBRUARY 8, 2021

PROVIDE FUNDING SO WE CAN HAVE CLEAN AIR AND CLEAN WATER. THIS

CONSTITUTIONAL AMENDMENT IS A CRITICAL STEP IN THAT PROCESS, THEREFORE,

I WILL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. ANDERSON.

MR. ANDERSON: THANK YOU, MR. SPEAKER, AND

THANK YOU TO MY COLLEAGUES WHO ARE JOINING ME TODAY IN SUPPORT OF

THIS CRITICALLY, CRITICALLY IMPORTANT AMENDMENT TO OUR STATE'S

CONSTITUTION. OUR RESIDENTS HERE IN THE STATE OF NEW YORK HAVE THE

RIGHT TO CLEAN AIR AND WATER AND A HEALTHY ENVIRONMENT. AND TODAY

WE'RE AFFIRMING THAT RIGHT, MR. SPEAKER, BY PASSING THIS VERY, VERY

CRITICAL CONSTITUTIONAL AMENDMENT. AND WE ARE MAKING SURE THAT IN

THIS MOMENT, INSTANCES WHERE COMMUNITIES OF COLOR WHO ARE

PREDOMINANTLY IMPACTED BY AIR POLLUTION AND WATER POLLUTION ARE

PRIORITIZED AND REMEMBERED IN THIS RIGHT THAT ALL OF OUR RESIDENTS HERE

IN THE STATE OF NEW YORK HAVE, HERE IN -- OR WILL HAVE.

HERE IN SOUTHEAST QUEENS AND PARTS OF THE DISTRICT THAT

I REPRESENT, THERE HAS BEEN A HISTORY OF CHEMICALS BEING USED, THE SAME

CHEMICALS THAT ARE USED IN DRY CLEANING -- DRY CLEANERS AND AUTO REPAIR

SHOPS DETECTED IN OUR WATER SUPPLY JUST TEN TO 15 SHORT YEARS AGO. WE

HAVE CONSISTENT AIRPLANE FLYOVERS AS JFK AIRPORT IS IN THE HEART OF MY

ASSEMBLY DISTRICT. AND SO, THIS MOMENT BY PASSING THIS AMENDMENT,

WE ARE SAYING TO THOSE PEOPLE, TO THOSE RESIDENTS, TO THOSE FAMILIES, TO

THOSE COMMUNITIES THAT BASIC HUMAN RIGHTS OF CLEAN AIR AND CLEAN

WATER ARE A PRIORITY FOR THE STATE, AND I LOOK FORWARD TO VOTING IN THE

NYS ASSEMBLY FEBRUARY 8, 2021

AFFIRMATIVE ON THIS BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. BICHOTTE HERMELYN.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO SPEAK ON THIS BILL. I FIRST WANT TO THANK THE

SPONSOR FOR THIS BILL, WHICH IS A GREAT BILL THAT RELATES TO THE

CONSTITUTIONAL RIGHT TO CLEAN AIR AND WATER AND A HEALTH -- HEALTHY

ENVIRONMENT. THIS BILL WILL GUARANTEE OUR LEGAL AND CONSTITUTIONAL

RIGHT TO CLEAN AIR AND WATER AND A HEALTHY ENVIRONMENT. A FEW YEARS

AGO, WE WITNESSED THE FLINT WATER CRISIS. BETWEEN 6,000 AND 12,000

CHILDREN WERE EXPOSED TO DRINKING WATER WITH HIGH LEVELS OF LEAD. THIS

IS UNACCEPTABLE FOR ANY STATE IN OUR NATION. UNFORTUNATELY, NEW

YORKERS ARE FREQUENTLY LEFT QUESTIONING WHAT IS IN OUR WATER. IN MY

APARTMENT IN BROOKLYN, MY OWN TAP WATER IS FREQUENTLY BROWN AND

MURKY. MY CONSTITUENTS ARE ALSO OFTEN CONCERNED BY THE QUALITY AND

COLOR OF THEIR WATER.

WITH MANY HOMES SO CLOSE TO HIGHWAYS AND MAJOR

EXPRESSWAYS IN BROOKLYN, ASTHMA IS A CONCERN FOR MANY RESIDENTS OF

OUR BOROUGH. HEALTHY AIR QUALITY IS MORE IMPORTANT NOW THAN EVER.

WITH HEALTH CARE DISPARITIES EXPOSED, OUR CENTRAL BROOKLYN NEIGHBORS

MUST BE PROTECTED FROM THE ENDLESS POLLUTANTS IN OUR CITY'S AIR AND

WATER. I VOTE IN THE AFFIRMATIVE. CLEAN AIR AND CLEAN WATER RIGHTS MUST

BE PROTECTED. WE DESERVE THE RIGHT TO PROTECT OUR HEALTH. THANK YOU,

MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

NYS ASSEMBLY FEBRUARY 8, 2021

MR. SIMPSON.

MR. SIMPSON: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SIMPSON: MR. SPEAKER, I REPRESENT PROBABLY

ONE OF THE MOST RESOURCE-RICH DISTRICTS IN NEW YORK STATE. AND, YOU

KNOW, IT'S OUR ENVIRONMENTAL PROTECTIONS IN THE ADIRONDACKS THAT HAS

PROVIDED FOR MUCH NEEDED REVENUE TO ALL OF OUR COMMUNITIES. AND

OUR ENVIRONMENT IS ONE OF OUR HIGHEST PRIORITIES. WE'VE SEEN WHERE

CURRENT REGULATIONS HAVE FAILED. THE HUDSON RIVER, WHICH IS A MIGHTY

RIVER THAT RUNS THROUGH OUR DISTRICT, IS FOREVER POLLUTED. WE CANNOT EAT

MORE THAN A CERTAIN AMOUNT OF FISH OUT OF THAT RIVER. NOW, THAT MAY BE

MINOR, BUT THAT'S HUNDREDS OF YEARS OF TRYING TO RECTIFY THAT IN THE FUTURE

BEFORE THAT CAN BE CORRECTED.

AND I JUST WANT TO ASK EVERYONE A SIMPLE QUESTION: IF

NOT WHEN -- IF NOT NOW, WHEN ARE WE GOING TO ADDRESS THESE ISSUES IN

THE ENVIRONMENT AND PROTECT THIS FOR THE FUTURE GENERATIONS? I WILL BE

VOTING AFFIRMATIVE ON THIS BILL, AND THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL TO CLOSE.

MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR

YIELD?

ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT, WILL

YOU YIELD?

MR. ENGLEBRIGHT: YES, I YIELD.

NYS ASSEMBLY FEBRUARY 8, 2021

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: THANK YOU, MR. ENGLEBRIGHT.

EVERY YEAR, WE HAVE A NUMBER OF ENVIRONMENTAL REGULATIONS AND

STATUTES THAT GO THROUGH OUR ENVIRONMENTAL COMMITTEE, OF WHICH

YOU'RE THE CHAIR - I THINK YOU'VE DONE A -- A GREAT JOB FOR MANY YEARS -

HAS IT EVER BEEN BROUGHT INTO QUESTION OUR AUTHORITY TO ENACT

ENVIRONMENTAL LEGISLATION?

MR. ENGLEBRIGHT: NOT THAT I'M AWARE OF.

MR. GOODELL: AS YOU KNOW, THIS YEAR, FOR

EXAMPLE, WE'VE HAD A NUMBER OF CHAPTER AMENDMENTS. SOME OF

THOSE CHAPTER AMENDMENTS RELATED TO ENVIRONMENTAL LEGISLATION THAT

WE PASSED EARLIER AND THE GOVERNOR SIGNED THE ORIGINAL LEGISLATION BUT

POINTED OUT THERE WERE COUNTERVAILING CONSIDERATIONS. AND SO, WE

PASSED LEGISLATION IN ONE INSTANCE TO MOVE THE EFFECTIVE DATE OF -- OF

ONE BILL OUT A YEAR. WE PASSED ANOTHER CHAPTER AMENDMENT THAT SAID

THAT YOU COULD USE CERTAIN CHEMICALS UNDER CERTAIN CIRCUMSTANCES OR

HERBICIDES WHEN THE ALTERNATIVES WERE NOT AS GOOD. IT SEEMS TO ME THAT

THE LEGISLATURE IS GOING THROUGH THAT CONSTANT BALANCING ACT. IS THERE

ANY REFLECTION OF THAT TYPE OF BALANCING ACT IN THIS PROPOSED

AMENDMENT?

MR. ENGLEBRIGHT: NO, NOT SPECIFICALLY. THIS

AMENDMENT IS NOT INTENDED TO SPEAK TO ANY PARTICULAR MEASURE, RATHER

IT IS INTENDED TO PROVIDE CONTEXT, AND THE METAPHOR I'VE USED IS TO

PROVIDE A FRAME AROUND ALL OF THE MANY UNITS OF GOVERNMENT, INCLUDING

US, THAT ARE SUPPOSED TO BE ACTING IN CONCERT WITH ONE ANOTHER TO

NYS ASSEMBLY FEBRUARY 8, 2021

PROTECT THE AIR AND WATER AND ENVIRONMENT OF THE STATE.

MR. GOODELL: AND I APPRECIATE THAT. I LOOK AT THE

PENNSYLVANIA AMENDMENT WHICH IS WORDED DIFFERENTLY BUT HAS THE

SAME GENERAL CONTEXT, AND ONE OF OUR COLLEAGUES BROUGHT THAT UP. IN

PENNSYLVANIA, EVEN THOUGH THE CONSTITUTIONAL LANGUAGE WAS SIMILAR TO

OURS, THE PENNSYLVANIA COURTS ENACTED A THREE-PART STANDARD IN

REVIEWING ANY LITIGATION BROUGHT UNDER IT. AND THE FIRST ONE WAS

WHETHER OR NOT THERE WAS COMPLIANCE WITH APPLICABLE RULES AND

REGULATIONS. THE SECOND IS WHETHER THERE'S A REASONABLE EFFORT TO

REDUCE THE ENVIRONMENTAL INCURSION, AND THE THIRD WAS A BALANCING ACT,

BALANCING THE ENVIRONMENTAL DAMAGE WITH THE BENEFIT THAT'S BEING

CLAIMED BY THE PROPOSED ACTION. WOULD YOU ENVISION THAT THE NEW

YORK STATE COURTS WOULD LIKEWISE -- LIKEWISE ENACT SUCH A BALANCING

ACT?

MR. ENGLEBRIGHT: I DON'T SEE THESE AS DIRECTLY

ANALOGOUS AND SO, I DON'T SEE THAT AS A LIKELIHOOD. IN THE PENNSYLVANIA

CASE, YOU KNOW, MUCH OF THE LITIGATION WAS INDEPENDENT OF THE

CONSTITUTION AND INVOLVED A FRACKING ISSUE SPECIFICALLY. AND AS WE'VE

SEEN IN GASLAND, THE MOVIE, AND TESTIMONY THAT WE'VE RECEIVED OVER

THE YEARS, OUR NEIGHBORING STATE, IN THE OPINION OF MANY, HAS BEEN

RECKLESS IN THE WAY THAT THEY'VE GONE ABOUT TAPPING THEIR GAS RESERVES.

SO, I'M NOT SURE THAT ONE CAN DERIVE FROM THAT A PREDICTIVE MODEL FOR

NEW YORK AT ALL.

MR. GOODELL: WELL, WOULD YOU ENVISION THAT THE

NEW YORK COURTS IN EVALUATING THE MEANING AND INTENT OF THIS

NYS ASSEMBLY FEBRUARY 8, 2021

LEGISLATION WOULD LOOK AT WHETHER OR NOT THE ACTION WAS CONSISTENT WITH

OUR ENVIRONMENTAL LAWS AND REGULATIONS, OUR LAND USE REQUIREMENTS,

FOR EXAMPLE, AND ALL THE OTHER EXISTING STATUTORY AND REGULATORY

PROVISIONS, IS THAT A FACTOR YOU THINK THE NEW YORK COURTS SHOULD LOOK

AT IN EVALUATING THE MEANING AND THE INTENT OF THIS STATUTE -- OR THIS

CONSTITUTIONAL AMENDMENT?

MR. ENGLEBRIGHT: WE'RE DIFFERENT FROM

PENNSYLVANIA AND THE COURTS IN OUR STATE, AS WELL AS IN PENNSYLVANIA,

ARE SEPARATE FROM THE LEGISLATURE. AGAIN, I DON'T SEE ANY WAY TO DRAW

HIGHLY PREDICTIVE MODELING FROM WHAT HAS OCCURRED THERE --

MR. GOODELL: OKAY.

MR. ENGLEBRIGHT: -- TO APPLY IT TO NEW YORK.

MR. GOODELL: OF COURSE AS YOU KNOW, OUR CURRENT

CONSTITUTION, ARTICLE XIV, PARTICULARLY SECTION 4 AND 5, ALREADY HAVE

SPECIFIC PROVISIONS RELATING TO THE ENVIRONMENT, THE PROVISIONS THAT

HAVE BEEN IN PLACE I THINK SINCE AT LEAST 1969, SOME OF IT GOES BACK TO

AS EARLY AS 1938. AND LOOKING AT THAT SECTION OF THE CONSTITUTION, IT

SAYS, THE POLICY OF THE STATE SHALL BE TO CONSERVE AND PROTECT THE -- THE

NATURAL RESOURCES AND SCENIC BEAUTY, AND ENCOURAGE THE DEVELOPMENT

AND IMPROVEMENT OF AGRICULTURAL LANDS FOR THE PRODUCTION OF FOOD AND

OTHER AGRICULTURAL PRODUCTS. WOULD IT BE YOUR UNDERSTANDING THAT IF

THE PROPOSED CONSTITUTIONAL AMENDMENT IS ENACTED THAT BOTH SECTIONS

WOULD BE READ HARMONIOUSLY SO THAT THEY BOTH HAVE MEANING, OR IS IT

YOUR INTENT THAT THIS CONSTITUTIONAL AMENDMENT WOULD IN SOME WAY

REPEAL OR REPLACE THE CURRENT CONSTITUTIONAL LANGUAGE THAT'S IN ARTICLE

NYS ASSEMBLY FEBRUARY 8, 2021

XIV?

MR. ENGLEBRIGHT: JUST A SECOND, I'M GETTING A

PHONE CALL THAT I DON'T WANT TO HAVE -- INTERRUPT OUR COLLOQUY HERE.

MR. GOODELL: OH, YOU CAN GO AHEAD AND TAKE IT IF

YOU WISH.

MR. ENGLEBRIGHT: NO, NO, I DON'T -- I DON'T WANT

TO TAKE IT, I JUST HAD TO TURN IT OFF. THOSE PROVISIONS AREN'T

CONTRADICTORY. I ANTICIPATE THAT THE VOTERS WILL BE FAVORABLE TO THIS IF

WE PLACE THIS BEFORE THEM, AND THAT THEY WOULD EXPECT THAT THE VARIOUS

PARTS OF OUR CONSTITUTION WILL, IN FACT, HARMONIZE WITH ONE ANOTHER.

MR. GOODELL: SO YOU WOULD ENVISION --

MR. ENGLEBRIGHT: I SHOULD ALSO POINT --

MR. GOODELL: -- I'M SORRY. YOU WOULD ENVISION IT

THEN AS SUPPLEMENTING RATHER THAN REPLACING THE CURRENT CONSTITUTION?

MR. ENGLEBRIGHT: WELL, IT BEING RATHER THAN

SUPPLANTING AND COMPLEMENTING -- I SHOULD ALSO -- LET ME JUST, IF I

COULD, MAKE TWO OTHER OBSERVATIONS. NUMBER ONE, THE ARTICLE XIV,

SECTION 4 THAT YOU REFER TO IS ATTEMPTING TO DIRECTLY RELATE TO THE

FOREVER WILD PROVISIONS OF THE ADIRONDACKS SPECIFICALLY, BUT IN THE

LARGER SENSE IT SPEAKS TO CONSERVATION RESOURCES, WHEREAS OUR INITIATIVE,

THE ONE -- THE MATTER BEFORE US THIS INSTANT MOMENT, REALLY SPEAKS TO

THE RIGHTS OF PEOPLE. AND THEY'RE DIFFERENT, BUT THEY COMPLIMENT AND

THEY'RE NOT MUTUALLY EXCLUSIVE IF THEY'RE BOTH PASSED.

MR. GOODELL: THANK YOU, MR. ENGLEBRIGHT. I

WOULD POINT OUT THAT ARTICLE XIV, SECTION 4 GOES ON TO SAY THAT, THE

NYS ASSEMBLY FEBRUARY 8, 2021

LEGISLATURE, IN IMPLEMENTING THIS POLICY, SHALL INCLUDE ADEQUATE

PROVISIONS FOR THE ABATEMENT OF AIR AND WATER POLLUTION, AND OF

EXCESSIVE AND UNNECESSARY NOISE AND THE PROTECTION OF AGRICULTURAL

LANDS, AND THE DEVELOPMENT AND REGULATION OF WATER RESOURCES. WHAT

STRUCK ME ABOUT THE CURRENT LANGUAGE IN THE CONSTITUTION IS THAT IT'S

CLEAR THAT IT'S THE LEGISLATURE THAT HAS THE RESPONSIBILITY. IN YOUR

PROPOSED CONSTITUTIONAL AMENDMENT, IT DOESN'T PUT THE RESPONSIBILITY

ON THE LEGISLATURE, RIGHT? IT SAYS, EACH PERSON SHALL HAVE THE RIGHT TO

CLEAN AIR AND WATER AND A HEALTHFUL ENVIRONMENT. SO IT -- IT DROPS THE

ROLE OF THE LEGISLATURE; IS THAT CORRECT?

MR. ENGLEBRIGHT: THAT IS NOT CORRECT.

MR. GOODELL: OKAY.

MR. ENGLEBRIGHT: THE LEGISLATURE'S ROLE IS

CONTINUING AND IMPORTANT, AND THE RESPONSIBILITY IS SOMETHING THAT IS

MAINTAINED AND NECESSARY. WHAT IT DOES, HOWEVER, IS FRAME THE

EXPECTATIONS OF THE ACTIONS OF THE LEGISLATURE AND THE OTHER UNITS OF

GOVERNMENT SO THAT THEY ARE ALL ACTING IN CONCERT WITH ONE ANOTHER

TOWARD THE GOAL OF PROTECTING THE AIR AND WATER AND LAND AND

ENVIRONMENTAL RESOURCES OF THE STATE FOR THE PEOPLE --

MR. GOODELL: AND I VERY MUCH APPRECIATE THAT

ANSWER AND -- AND I APPRECIATE YOUR COMMENTS. THERE'S BEEN SOME

DISCUSSION WHETHER OR NOT THIS PROPOSED AMENDMENT WOULD CREATE A

PRIVATE RIGHT OF ACTION OR WHETHER IT IS INSTEAD INTENDED TO HELP GUIDE

AND DIRECT THE LEGISLATURE. WOULD -- IS IT YOUR INTENT THAT THIS

LEGISLATION WOULD CREATE A PRIVATE RIGHT OF ACTION, OR DO YOU ENVISION

NYS ASSEMBLY FEBRUARY 8, 2021

THAT THE LEGISLATURE WOULD STILL MAINTAIN A PREDOMINANT ROLE?

MR. ENGLEBRIGHT: I SEE THE LEGISLATURE AS THE

VOICE OF THE PEOPLE. WE ARE DULY-ELECTED TO REPRESENT THEIR THOUGHTS

AND THIS INITIATIVE IS, AGAIN, TO ENSURE THAT PEOPLE HAVE THE RIGHT TO

CLEAN AIR AND WATER AND A HEALTHFUL ENVIRONMENT. THAT IS ITS PRIMARY

PURPOSE. IT SHOULD PUT US IN MORE OF A SELF-CONSCIOUS POSITION, THOUGH,

EACH TIME THAT WE TOUCH UPON ISSUES GOING FORWARD AFTER THIS PASSES.

WE SHOULD BE MUCH MORE SELF-CONSCIOUS ABOUT THE OUTCOME OF OUR

DEBATES, AND WE SHOULD MEASURE OUR EFFECTIVENESS AGAINST THE

EXPECTATIONS OF OUR PUBLIC.

MR. GOODELL: AND IF AN INDIVIDUAL OR GROUP OF

INDIVIDUALS FEEL THAT WE HAVE NOT MET THAT EXPECTATION, IS IT YOUR

UNDERSTANDING THAT THIS WOULD CREATE A PRIVATE RIGHT OF ACTION?

MR. ENGLEBRIGHT: I'M, AGAIN, A GEOLOGIST, NOT A

LAWYER. I WOULD LEAVE THAT TO THE LAWYERS TO DECIDE. THAT IS CERTAINLY

NOT A INTENT BECAUSE WE HAVE NOT SPOKEN TO IT AND WE HAVE NOT

ATTEMPTED IN THE LANGUAGE OF THE MEASURE TO CREATE A -- A RIGHT OF

ACTION. BUT I WOULD -- IT'S MY UNDERSTANDING, I WOULD POINT OUT, THAT

ANYONE CAN SUE ANYBODY FOR ANYTHING. SO, IT DOESN'T PREVENT THAT, BUT

IT DOESN'T CREATE ANYTHING NEW EITHER.

MR. GOODELL: THANK YOU VERY MUCH, MR.

ENGLEBRIGHT.

ON THE BILL.

ACTING SPEAKER HUNTER: ON THE BILL.

MR. GOODELL: THANK YOU, MADAM SPEAKER. AS

NYS ASSEMBLY FEBRUARY 8, 2021

ALL OF OUR COLLEAGUES HAVE SAID ON BOTH SIDES OF THE AISLE, WE ALL

SUPPORT CLEAN AIR AND CLEAN WATER AND A HEALTHY ENVIRONMENT. BUT AS

OFTEN IS SAID, THE DEVIL IS IN THE DETAILS, AND IN THE PAST, PRIOR TO THIS

PROPOSED AMENDMENT, THOSE DETAILS WERE HAMMERED OUT IN THE

LEGISLATIVE PROCESS. AND SO IN THE PAST, WE HAVEN'T SAID THAT YOU'RE

ENTITLED TO DISTILLED WATER THROUGH YOUR PUBLIC MUNICIPAL SYSTEM, WE'RE

-- WE SAID YOU'RE ENTITLED TO SAFE WATER. AND THE WORD "CLEAN" AND THE

WORD "SAFE" ARE DIFFERENT. AND SO, OF COURSE, OUR LOCAL MUNICIPALITIES

OFTEN ADD CHLORINE TO MAKE SURE THERE'S NO BACTERIAL INFECTION.

SOMETIMES THEY ADD FLUORIDE. THEY CERTAINLY DON'T -- THEY SURELY DON'T

HAVE DISTILLED WATER. AND NEW YORK CITY, BY THE WAY, ITS WATER

SUPPLY COMES FROM UPSTATE IN OPEN RESERVOIRS. DON'T WANT TO BREAK IT

TO MY NEW YORK CITY COLLEAGUES TOO MUCH, BUT THERE'S A LOT OF STUFF

THAT FLOWS INTO THOSE RESERVOIRS FROM ANIMALS AND FISH, AND WE DON'T

NEED TO GO INTO ALL THE GORY DETAILS BECAUSE IT'S ALL TOO MUCH TO KNOW.

BUT WHILE THE NEW YORK CITY WATER SUPPLY IS SAFE, IT MOST ASSUREDLY IS

NOT PURE. AND, LIKEWISE, WHEN IT COMES TO AIR, WE WANT TO MAKE SURE

THE AIR WE BREATHE IS SAFE, BUT "SAFE" AND "CLEAN" ARE TWO DIFFERENT

THINGS. WE DON'T FILTER THE AIR THAT WE BREATHE HERE IN THE CHAMBERS,

MAYBE WE SHOULD, BUT WE DON'T.

AND SO, WE'RE ASKED TO VOTE ON LANGUAGE THAT NOBODY

REALLY KNOWS WHAT IT MEANS. WE DO KNOW, THOUGH, THAT IF A PRIVATE

RIGHT OF ACTION IS AVAILABLE, AND SOME PEOPLE HAVE EXPRESSED CONCERNS

ABOUT IT, THEN OUR MUNICIPALITIES MAY SEE EXTRAORDINARILY EXPENSIVE

LITIGATION WHERE PEOPLE WHO ARE CLAIMING THE WATER IS NOT CLEAN, OR THE

NYS ASSEMBLY FEBRUARY 8, 2021

AIR IS NOT CLEAN, OR CLEAN ENOUGH. SO, WHEN WE CHANGE THE

CONSTITUTION, WHICH ALREADY GIVES THIS LEGISLATURE AN EXPRESS DIRECTIVE

TO PROTECT AND PRESERVE THE ENVIRONMENT, THAT'S ALREADY IN THERE, AND

WHEN WE CHANGE THE CONSTITUTION TO SAY THAT EVERY PERSON HAS A

PERSONAL RIGHT, WE TRANSFER POWER AND RESPONSIBILITY FOR THAT LEGISLATIVE

BALANCING ACT FROM THE LEGISLATURE AND FROM THE EXPERTS AT THE DEC

AND ELSEWHERE TO THE COURTS, AND WE GIVE NO GUIDANCE TO THE COURTS ON

WHAT THIS CONSTITUTIONAL AMENDMENT MEANS.

SO INSTEAD OF US DEBATING WHETHER OR NOT WE SHOULD

RESTRICT GLYPHOSATE, FOR EXAMPLE, OR -- OR WHETHER OR NOT WE SHOULD PUT

OTHER RESTRICTIONS IN, OR WHAT THE TERMS AND CONDITIONS ARE, RATHER THAN

US DOING IT, RATHER THAN YOUR LOCAL LEGISLATURE DOING IT, WHETHER YOUR

LOCAL TOWN BOARD DECIDING ON WHAT THE RIGHT SETBACKS ARE AND WHAT THE

RIGHT RESTRICTIONS ARE, WE DELEGATE IT TO THE COURTS. AND, UNFORTUNATELY,

I THINK THAT'S A MISTAKE BECAUSE WHEN WE LOOK AT ECONOMIC

DEVELOPMENT THROUGHOUT OUR STATE, WE RECOGNIZE THE IMPORTANCE OF

BEING ABLE TO PROVIDE GUIDANCE TO THOSE WHO ARE COMING TO THE STATE

AND INVESTING MILLIONS AND MILLIONS OF DOLLARS, AND THEY NEED TO KNOW

IF THEY MEET EVERY ENVIRONMENTAL STANDARD AND EVERY ENVIRONMENTAL

LAW CAN THEY MOVE FORWARD, AND THE ANSWER WITH THIS AMENDMENT IS

MAYBE NOT.

SO, I APPRECIATE VERY MUCH THE DESIRE TO HAVE CLEAN

AIR AND WATER AND A HEALTHY ENVIRONMENT, A DESIRE THAT I FULLY SUPPORT,

BUT I THINK WE NEED TO DEFINE THIS AND MAINTAIN THAT CHECKS AND

BALANCES THAT ARE SO IMPORTANT, AND FOR US TO RETAIN THE ROLE THAT WE

NYS ASSEMBLY FEBRUARY 8, 2021

HAVE REPRESENTING OUR CONSTITUENTS IN MAKING THOSE -- THOSE DIFFICULT

DECISIONS. THANK YOU AGAIN VERY MUCH, MR. SPEAKER, FOR ALLOWING ME

TO SPEAK.

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 S.528. THIS IS A PARTY VOTE. ANY MEMBER

WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION

IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THIS WILL BE A

PARTY VOTE. THE REPUBLICAN CAUCUS WILL BE GENERALLY IN THE NEGATIVE,

ALTHOUGH I ANTICIPATE SOME SUPPORT WITHIN OUR CAUCUS, AS WELL. SO,

THOSE WHO WISH TO VOTE FOR THIS AMENDMENT, PLEASE CALL THE MINORITY

LEADER'S OFFICE AND ADVISE THEM. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE WILL BE VOTING IN THE AFFIRMATIVE

ON THIS MEASURE. MEMBERS DECIDING TO GO -- HAVE AN EXCEPTION TO THAT,

THEY CAN PLEASE FEEL FREE TO CONTACT MY OFFICE, WE'LL BE HAPPY TO RECORD

YOUR VOTE. THANK YOU, MR. SPEAKER.

(THE CLERK RECORDED THE VOTE.)

TO EXPLAIN MY VOTE.

ACTING SPEAKER AUBRY: TO EXPLAIN YOUR VOTE,

NYS ASSEMBLY FEBRUARY 8, 2021

MRS. PEOPLES-STOKES.

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

COMMEND THE CHAIR OF THIS COMMITTEE, MR. ENGLEBRIGHT FOR -- FOR THE

SECOND YEAR OF, YOU KNOW, GOING THROUGH A -- A DEBATE ON AN IDEAL THAT

CAN NOT ONLY BRING US TO AN OPPORTUNITY WHERE WE'RE LITERALLY LIVING IN A

CLEANER, FRESHER SOCIETY, BOTH AIR AND THE WATER, BUT IT ALSO BRINGS US TO

THE OPPORTUNITY TO SAY TO THE PEOPLE WHO ELECTED US, WE NEED YOUR

OPINION HERE. IT BRINGS US AN OPPORTUNITY TO TAKE TO THE ELECTORATE -- I'LL

WAIT UNTIL THESE GENTLEMEN ARE FINISHED.

ACTING SPEAKER AUBRY: OKAY.

GENTLEMEN, YOU WILL -- THANK YOU, YOU...

MRS. PEOPLES-STOKES: THANK YOU, GENTLEMEN.

MR. SPEAKER, I WANT TO REITERATE HOW VALUABLE I THINK

IT IS FOR US TO, ONE, BE PAYING ATTENTION TO THE ENVIRONMENT IN THE

MANNER THAT WE ARE; BUT TWO, BE PAYING ATTENTION TO THE FACT THAT

SOMETIMES WE SHOULD LET THE VOTERS SPEAK OTHER THAN JUST ELECTING US

HERE. AND SO I'M GRATEFUL FOR THIS AS AN OPPORTUNITY TO MOVE THIS

MEASURE FORWARD. AND I DO WANT TO THANK MR. ENGLEBRIGHT FOR HIS

WORK ON THIS ISSUE, FOR HIS DILIGENCE IN THE DEBATE, AND FOR ALL OF MY

COLLEAGUES WHO CAN AGREE THAT THIS IS THE RIGHT THING TO DO AND IT'S THE

RIGHT TIME TO GET IT DONE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. NIOU.

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

ME TO SPEAK ABOUT MY VOTE AND EXPLAINING IT. I JUST WANTED TO THANK

THE SPONSOR FOR HIS DILIGENT FIGHT FOR OUR ENVIRONMENT. HE IS AN

NYS ASSEMBLY FEBRUARY 8, 2021

INCREDIBLE CHAIR AND ONE THAT HAS FOUGHT FOR ALL OF OUR RIGHTS FOR A VERY

LONG TIME.

I WANTED TO ALSO NOTE THAT, YOU KNOW, NEW YORK IS A

STATE THAT HAS BROKEN TREATY AFTER TREATY WITH OUR NATIVE -- WITH OUR

NATIVE TRIBES AND I JUST WANTED TO SAY THAT, YOU KNOW, JUST BECAUSE

SOME OF THESE TREATIES ARE OLD, IT DOESN'T MEAN THAT THEY ARE NOT MORE

IMPORTANT AND HOLD EVEN MORE SWAY THAN OUR OWN CONSTITUTION AND

EVEN THE CONSTITUTION OF THE UNITED STATES. THESE ARE RIGHTS THAT WE

HAVE GRANTED ARE -- THE -- THE TRIBES THAT WE HAVE STOLEN OUR LAND FROM,

AND I JUST WANT TO REMIND FOLKS THAT, YOU KNOW, EVEN WITH THIS -- EVEN

WITH THIS LAW IN PLACE, WE WILL STILL BE FAR FROM THE RIGHTS THAT WE -- AND

-- AND THE PROTECTIONS THAT WE OWE THEM. SO, I JUST WANTED TO NOTE

THAT, AND I THINK THAT THIS IS A STEP IN THE RIGHT DIRECTION IN MAKING SURE

THAT WE CAN PROTECT AND HONOR THOSE TREATIES.

AND I JUST WANTED TO SAY A COUPLE OF THINGS FROM, YOU

KNOW, FROM SOME OF OUR DIFFERENT TRIBES AROUND THE NATION: WHEN ALL

THE TREES HAVE BEEN CUT DOWN, WHEN ALL THE ANIMALS HAVE BEEN HUNTED,

WHEN ALL THE WATERS ARE POLLUTED, WHEN ALL THE AIR IS UNSAFE TO BREATHE,

ONLY THEN WILL YOU DISCOVER YOU CANNOT EAT MONEY. AND THAT IS A CREE

PROPHECY THAT -- YOU KNOW, THE CREE PEOPLE WERE HERE. SO JUST WANTED

TO NOTE THAT. AND THE OTHER ONE IS A NATIVE AMERICAN PROVERB WHICH

IS, THE FROG DOES NOT DRINK UP THE POND IN WHICH HE LIVES. AND I WANT

US ALL TO REMEMBER THAT AS WELL. AND THEN THE LAST ONE IS MY OWN --

MY OWN -- CHIEF SEATTLE, BACK IN SEATTLE, WE DO NOT OWN THE FRESHNESS

OF THE AIR OR THE SPARKLE OF THE WATER. HOW CAN YOU BUY THEM FROM US.

NYS ASSEMBLY FEBRUARY 8, 2021

SO, I JUST WANTED TO HAVE FOLKS REMEMBER THOSE

BEAUTIFUL WORDS AND TO REMEMBER THEM EVERY STEP OF THE WAY WHEN WE

ARE TRYING TO PROTECT OUR ENVIRONMENT. THANK YOU, AGAIN, TO THE

SPONSOR OF THIS --

ACTING SPEAKER AUBRY: THANK YOU.

MS. NIOU: -- INCREDIBLE BILL AND FOR HELPING US --

ACTING SPEAKER AUBRY: RIGHT. THANK YOU,

MS. NIOU.

MS. SIMON.

MS. SIMON: THANK YOU. TO EXPLAIN MY VOTE.

TODAY WE VOTE ON A SIMPLE BUT POWERFUL AMENDMENT TO OUR STATE

CONSTITUTION. THE AMENDMENT VERY SIMPLY SAYS THAT EACH PERSON SHALL

HAVE A RIGHT TO CLEAN AIR AND WATER AND A HEALTHY ENVIRONMENT, A

HEALTHFUL ENVIRONMENT. QUITE SIMPLY, THERE CAN BE NO MORE

FUNDAMENTAL RIGHT THAN THE RIGHT TO BREATHE FREE OF ENVIRONMENTAL

POLLUTANTS AND TO DRINK, COOK WITH, BATHE AND/OR SWIM IN CLEAN WATER.

WHATEVER COULD BE THE OBJECTION TO CLEAN AIR AND WATER. WE'VE HEARD

SEVERAL, INCLUDING AN ASSUMPTION OF A PRIVATE RIGHT OF ACTION FOR

ENVIRONMENTAL DAMAGE. I CAN ASSURE MY COLLEAGUES THAT THIS

CONSTITUTIONAL AMENDMENT DOES NOT DO THAT. I KNOW BECAUSE I HAVE

CARRIED A BILL TO PROVIDE FOR A PRIVATE RIGHT OF ACTION FOR ENVIRONMENTAL

DAMAGE FOR SEVERAL YEARS.

WE ALL KNOW THAT AIR AND WATER ARE THE MEANS BY

WHICH TOXINS FIND THEIR WAY INTO OUR BODIES. LIKE MY COLLEAGUE FROM

GREENPOINT, I, TOO, REPRESENT A SUPERFUND SITE, THE GOWANUS CANAL AND

NYS ASSEMBLY FEBRUARY 8, 2021

ITS UPLANDS, WHICH WERE HEAVILY POLLUTED FROM COLONIAL TIMES UNTIL JUST

RECENTLY WITH AN ENORMOUS ARRAY OF CHEMICALS AND METALS AND NOXIOUS

COMBINATIONS THEREOF. MY DISTRICT, AS WELL AS OTHERS, ARE ALSO HOME TO

INTERSTATE I-278, A/K/A, THE BROOKLYN QUEENS EXPRESSWAY OR BQE,

WHICH CARRIES 175,000 CARS AND TRUCKS A DAY, RAVAGING THE HEALTH AND

SAFETY OF A MILLION RESIDENTS IN ITS ORBIT WITH EXTREMELY HIGH RATES OF

ASTHMA AND PULMONARY DISORDERS.

SO I AM VERY PLEASED THAT WE ARE VOTING ON THIS BILL

TODAY. I WANT TO COMMEND THE SPONSOR FOR HIS LEADERSHIP AND HIS

CLARITY AND CONSTANCY OF PURPOSE, AND I WILL BE VOTING IN THE

AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU. MS.

SIMON IN THE AFFIRMATIVE.

MR. MANKTELOW.

(PAUSE)

MR. MANKTELOW.

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

EXPLAIN MY VOTE. AS I TALKED ABOUT EARLIER TODAY ON THIS BILL IN REGARDS

TO AGRICULTURE, WE AS FARMERS, WE AS AGRICULTURAL PRODUCERS DO

EVERYTHING WE POSSIBLY CAN TO DO WHAT'S BEST FOR OUR ENVIRONMENT. WE

HAVE NOW PUT IN GRASS FILTER STRIPS TO MAKE SURE NO CHEMICALS, FERTILIZER

OR ANYTHING ELSE THAT'S ON THE GROUND GETS INTO OUR WATER SYSTEMS. WE

-- WE ARE USING TECHNOLOGY BEYOND BELIEF: GPS, GLOBAL POSITIONING

SERVICES THAT ALLOWS US TO SPRAY AND SPREAD OUR FERTILIZERS WITHIN JUST A

FEW INCHES OF THE LAST PASS, THINGS THAT WE ARE DOING TO IMPROVE OUR

NYS ASSEMBLY FEBRUARY 8, 2021

ENVIRONMENT. WE, OF ALL PEOPLE, ARE STEWARDS OF THIS GREAT LAND, OF THE

LAND THAT WE PRODUCE OUR CROPS ON, WHETHER IT'S FEED FOR OUR ANIMALS,

WHETHER IT'S CROPS, WHETHER IT'S FRUIT FOR OUR -- FOR OUR PRODUCERS, WE DO

EVERYTHING WE POSSIBLY CAN.

I TRULY WANT TO SUPPORT THIS BILL, BUT THERE NEEDS TO BE

SOME CARVE-OUTS BECAUSE WHAT I'M AFRAID OF IS WITH OUR AGRICULTURAL

PRODUCTION HERE IN NEW YORK STATE, EVERYTHING THAT GO -- THAT WE'RE UP

AGAINST, WE'RE GOING TO, AGAIN, STALL AGRICULTURE PRODUCTION. LET US DO

WHAT WE DO WELL, LET THE FARMERS DO THIS. WE DON'T ALWAYS NEED

GOVERNMENT TO FIX THINGS. SOMETIMES WE FIX OUR OWN THINGS, AND WE

CAN DO A REALLY GOOD JOB AT IT. SO, PLEASE, ALLOW OUR FARMERS TO DO THIS,

ALLOW THEM TO GROW, AND WE CAN MAKE A BETTER NEW YORK. AND, AGAIN,

I -- I'M SORRY I CANNOT SUPPORT THIS BILL TONIGHT. IF WE HAD SOME

CARVE-OUTS, I COULD ABSOLUTELY DO THAT, BUT UNTIL WE DO THAT, I'M GOING

TO BE IN THE NEGATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. SANTABARBARA.

MR. SANTABARBARA: THANK YOU, MR. SPEAKER.

I, FIRST OF ALL, WANT TO THANK CHAIRMAN ENGLEBRIGHT FOR HIS WORK ON THIS

-- ON THIS BILL. AS A CIVIL ENGINEER, CHAIRMAN ENGLEBRIGHT AND I HAVE

TALKED ABOUT A NUMBER OF PROJECTS I'VE BEEN ABLE TO WORK ON IN THE

PAST, ENVIRONMENTAL PROTECTION PROJECTS, AND THEY'VE ALL BEEN IMPORTANT

TO THE COMMUNITIES I REPRESENT AND COMMUNITIES THROUGHOUT NEW

YORK STATE, JUST AS THIS BILL WILL BE IMPORTANT TO THE STATE OF NEW YORK.

IT'S GREAT TO SEE THIS RE -- SUCH A RENEWED INTEREST IN PROTECTING OUR

NYS ASSEMBLY FEBRUARY 8, 2021

ENVIRONMENT, AND I THINK IT'S BECAUSE MORE AND MORE COMMUNITIES

HAVE SEEN JUST HOW DAMAGE CAUSED TO THE ENVIRONMENT PUTS OUR NATURAL

RESOURCES AT RISK, THINGS LIKE CLEAN AIR, CLEAN WATER, RENEWABLE ENERGY.

IF WE'RE SERIOUS ABOUT SAFEGUARDING PUBLIC HEALTH, WE SIMPLY CANNOT

COMPROMISE ON THESE IMPORTANT ISSUES.

I'M SUPPORTING THIS BILL HERE TODAY BECAUSE IT MAKES A

COMMITMENT TO PROTECTING OUR ENVIRONMENT AND THE PRECIOUS NATURAL

RESOURCES THAT WE ALL DEPEND ON. THERE IS NOTHING MORE IMPORTANT

THAN THE HEALTH OF OUR FAMILIES AND I'M PROUD TO BE A COSPONSOR ON THIS

BILL AND I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. SANTABARBARA IN

THE AFFIRMATIVE.

MR. ENGLEBRIGHT.

MR. ENGLEBRIGHT: THANK YOU, MR. SPEAKER.

THIS SIMPLE LANGUAGE PROPOSED CONSTITUTIONAL AMENDMENT IS ABOUT

EMPOWERING PEOPLE. IT'S ALSO ABOUT FORMALIZING CITIZENSHIP

EXPECTATIONS FOR THE PEOPLE OF NEW YORK. AND IT'S ALSO TRUE THAT EVERY

REFERENDUM IS A TEACHABLE MOMENT AND AN OPPORTUNITY FOR AN OBJECT

LESSON IN PARTICIPATORY DEMOCRACY. AND WITHIN THIS CONTEXT FOR NEW

YORKERS, THIS IS AN OPPORTUNITY FOR THEM, THROUGH THEIR VOTE IN THIS

PROPOSED REFERENDUM, TO FORMALIZE THE PRESUMPTION THAT

ENVIRONMENTAL HEALTH AND HUMAN HEALTH IN NEW YORK ARE INEXTRICABLY

LINKED, THAT THEY ARE LINKED SUCH THAT EVERY CITIZEN HAS A RIGHT TO CLEAN

AIR, WATER, AND A HEALTHFUL ENVIRONMENT, AND THAT THIS UNDERSTANDING

SHALL HENCEFORTH BE CONSTITUTIONALLY-RECOGNIZED AS BEING PART OF THE

NYS ASSEMBLY FEBRUARY 8, 2021

RIGHT OF CITIZENSHIP IN OUR GREAT STATE.

I WANT TO TAKE THIS MOMENT TO SAY THANK YOU TO

SPEAKER CARL HEASTIE FOR HIS VISION, HIS SUPPORT, AND GUIDANCE IN THIS

IMPORTANT INITIATIVE AND I'M PLEASED TO VOTE YES. THANK YOU.

ACTING SPEAKER AUBRY: MR. ENGLEBRIGHT IN

THE AFFIRMATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE

FOLLOWING REPUBLICANS VOTING IN FAVOR OF THIS PROPOSED AMENDMENT:

MR. ASHBY, MR. BROWN, MR. DESTEFANO, MR. DURSO, MR. GANDOLFO, MR.

MIKULIN, MR. MILLER, MS. MILLER, MR. RA, MR. REILLY, MR. SMITH, MR.

TANNOUSIS, AND MR. WALCZYK. I APOLOGIZE, MR. MILLER HAS BEEN

EXCUSED TODAY SO HE DIDN'T VOTE EITHER WAY YET. THANK YOU, SIR.

ACTING SPEAKER AUBRY: 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 WE

HAVE ANY FURTHER HOUSEKEEPINGS AND/OR RESOLUTIONS?

ACTING SPEAKER AUBRY: NO RESOLUTIONS, BUT A

PIECE OF HOUSEKEEPING.

ON A MOTION BY MR. BRONSON, PAGE 5, CALENDAR NO.

85, BILL NO. A01052-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

MRS. PEOPLES-STOKES.

NYS ASSEMBLY FEBRUARY 8, 2021

MRS. PEOPLES-STOKES: THANK YOU. COULD YOU

PLEASE CALL ON MS. HUNTER FOR THE PURPOSES OF AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MS. HUNTER FOR THE

PURPOSE OF AN ANNOUNCEMENT.

MS. HUNTER: YES, MR. SPEAKER. THERE WILL BE A

NEED FOR A MAJORITY CONFERENCE AT THE CONCLUSION OF OUR SESSION.

ACTING SPEAKER AUBRY: IMMEDIATE MAJORITY

CONFERENCE AT THE CONCLUSION OF SESSION.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW

MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL 12:30 P.M., TUESDAY,

JANUARY [SIC] THE 9TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 5:37 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL TUESDAY, FEBRUARY 9TH AT 12:30 P.M., TUESDAY BEING A

SESSION DAY.)