WEDNESDAY, MARCH 31, 2021                                      4:42 P.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER HOUSE.

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

                    SILENCE.

                                 (WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

                                 VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

                    OF ALLEGIANCE.

                                 (WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

                    MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

                                 A QUORUM BEING PRESENT, THE CLERK WILL READ THE

                    JOURNAL OF TUESDAY, MARCH 30TH.

                                 MRS. PEOPLES-STOKES.

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

                                          1



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, MARCH

                    30TH AND ASK THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I WANT TO WELCOME OUR COLLEAGUES TO THE CHAMBERS, BOTH

                    THOSE WHO ARE HERE WITH US AND THOSE ARE WITH US REMOTELY.  I DO WANT

                    TO OFFER A QUOTE TODAY, MR. SPEAKER.  THIS ONE IS FROM INDIRA GANDHI.

                    SHE IS AN INDIAN POLITICIAN, A CENTRAL FIGURE IN THE INDIAN NATIONAL

                    CONGRESS.  SHE WAS THE FIRST AND, TO DATE, THE ONLY FEMALE PRIME

                    MINISTER OF INDIA.  HER WORDS TO SHARE WITH US TODAY, MR. SPEAKER, ARE

                    SOCIAL CHANGE IS BROUGHT ABOUT BY THOSE WHO DARE AND ACT, WHO CAN

                    THINK UNCONVENTIONALLY AND WHO CAN COURT UNPOPULARITY.

                                 MR. SPEAKER, COLLEAGUES SHOULD KNOW THAT THEY HAVE

                    ON THEIR DESK A MAIN CALENDAR.  I WOULD LIKE TO REMIND MEMBERS THAT

                    TODAY IS THE SECOND SESSION DAY OF THE 13TH WEEK OF THE 244TH

                    LEGISLATIVE SESSION, AND THAT OUR PRINCIPAL WORK ON THIS SECOND DAY OF

                    THE 13TH WEEK OF THE 244TH LEGISLATIVE SESSION, WE'RE GOING TO TAKE UP

                    THREE BILLS, THEY ARE AS FOLLOWS:  A RULES BILL, RULES REPORT NO. BILL

                    NO. 47 BY MS. RICHARDSON; CALENDAR NO. 211 BY MR. BRONSON; AND

                    RULES REPORT NO. 49 BY MR. LAWLER.  MR. SPEAKER, I WOULD MAKE

                    ADDITIONAL ANNOUNCEMENT REGARDING SCHEDULING AND OTHER ISSUES SHOULD

                    THEY BE NECESSARY.  AT THE CONCLUSION OF THIS SESSION, THOUGH, AND

                    WITHOUT ANY DOUBT WE WILL HAVE TO HAVE ANOTHER MAJORITY CONFERENCE

                                          2



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    AND SO I'M ASKING FOLKS WHO ARE WITH US REMOTE TO STAY ON AND YOU WILL

                    BE CONTACTED AS TO WHEN YOU SHOULD BE IN CONFERENCE.  THAT IS A

                    GENERAL OUTLINE -- OF COURSE WE WILL CONSULT WITH OUR COLLEAGUES TO SEE

                    WHAT THEIR NEEDS ARE, BUT THAT'S A GENERAL OUTLINE, MR. SPEAKER, AND

                    NOW WOULD BE AN APPROPRIATE TIME TO DO HOUSEKEEPING.

                                 ACTING SPEAKER AUBRY:  WE HAVE NO OTHER

                    BUSINESS BUT TO GO DIRECTLY TO THE BILL YOU ANNOUNCED, THAT'S PAGE 4,

                    RULES REPORT NO. 47, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A06255-A, RULES

                    REPORT NO. 47, RICHARDSON, PEOPLES-STOKES, PAULIN, GOTTFRIED, COOK,

                    PERRY, DINOWITZ, COLTON, LUPARDO, L. ROSENTHAL, ABINANTI, BRONSON,

                    QUART, OTIS, BICHOTTE HERMELYN, SIMON, SEAWRIGHT, CARROLL, NIOU,

                    GRIFFIN, FRONTUS, FALL, REYES, STERN, JACOBSON, CLARK, ANDERSON,

                    JEAN-PIERRE.  AN ACT TO AMEND CHAPTER 108 OF THE LAWS OF 2020,

                    AMENDING THE PUBLIC SERVICE LAW RELATING TO ISSUING A MORATORIUM ON

                    UTILITY TERMINATION OF SERVICES DURING PERIODS OF PANDEMICS AND/OR

                    STATE OF EMERGENCIES, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF;

                    TO AMEND THE PUBLIC SERVICE LAW AND THE GENERAL BUSINESS LAW, IN

                    RELATION TO ISSUING A MORATORIUM ON UTILITY TERMINATION OF SERVICES; AND

                    PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON THE EXPIRATION

                    THEREOF.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MS. RICHARDSON.

                                 MS. RICHARDSON:  GOOD AFTERNOON, MR. SPEAKER.

                    I'M VERY HAPPY TO BE ON THE FLOOR BACK IN THE PEOPLE'S HOUSE.  I SAY

                                          3



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    GOOD AFTERNOON TO YOU AND ALL MY COLLEAGUES BEHIND THE DAIS, AS WELL

                    AS OUR MAJORITY LEADER AND ALL MY COLLEAGUES WHO ARE HERE IN THE

                    CHAMBER.  THIS ACT PREVENTS UTILITY CORPORATIONS, MUNICIPALITIES,

                    TELEPHONE CORPORATIONS, CABLE COMPANIES, BROADBAND PROVIDERS AND

                    WATER AUTHORITIES FROM TERMINATING OR DISCONNECTING THE SERVICES OF

                    RESIDENTIAL AND SMALL BUSINESS CUSTOMERS FOR THE NONPAYMENT OF

                    OVERDUE CHARGES DURING THE COVID-19 PANDEMIC ON DECEMBER 31ST

                    OF 2021 OR EARLIER AT THE END OF THE EMERGENCY OF COVID-19.  THIS IS

                    CONSISTENT WITH THE CURRENT MORATORIUM FOR 180 DAYS FOLLOWING THE

                    EXPIRATION OF THIS MORATORIUM.  UTILITY CUSTOMERS WHO HAVE SUFFERED A

                    COVID RELATED HARDSHIP WILL BE ABLE TO ENTER INTO AN INSTALLMENT PLAN

                    WITH THEIR UTILITY COMPANY IN ORDER TO AVOID SHUTOFFS.

                                 ACTING SPEAKER AUBRY:  MR. LEMONDES.

                                 MR. LEMONDES:  THANK YOU, MR. SPEAKER.

                    APPRECIATE THE OPPORTUNITY TO SPEAK.  WILL THE SPONSOR YIELD?

                                 MS. RICHARDSON:  ABSOLUTELY.

                                 ACTING SPEAKER AUBRY:  MS. RICHARDSON

                    YIELDS.

                                 MR. LEMONDES:  THANK YOU.  NICE TO MEET YOU.

                                 MS. RICHARDSON:  NICE TO MEET YOU AS WELL.

                                 MR. LEMONDES:  I JUST HAVE A COUPLE VERY BRIEF

                    QUESTIONS AND THEN, AS THE RANKING MINORITY MEMBER ON THIS

                    COMMITTEE I'LL THEN TURN IT OVER TO MY COLLEAGUES TO CONTINUE THE

                    DEBATE.  THE FIRST, COULD YOU PLEASE CLARIFY THE COVERED PERIOD?

                                 MS. RICHARDSON:  SO THE COVERED PERIOD, THIS ACT

                                          4



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    WILL GO UNTIL THE END OF THE YEAR SO THAT'S DECEMBER 31ST OF THIS YEAR,

                    AND IF CUSTOMERS CAN PROVE THAT THEY HAVE AN ECONOMIC HARDSHIP, THEY

                    WILL THEN BE GIVEN AN EXTRA 180 DAYS.  IN THAT, IT IS THE DEPARTMENT OF

                    PUBLIC SERVICE WHO WILL BE DETERMINING IF FOLKS ACTUALLY DO HAVE AN

                    ECONOMIC HARDSHIP, WHICH THEY HAVE BEEN DOING THROUGH THE CURRENT

                    MORATORIUM THAT'S IN EFFECT.

                                 MR. LEMONDES:  THANK YOU.

                                 MS. RICHARDSON:  YOU'RE WELCOME.

                                 MR. LEMONDES:  SECOND QUESTION.  WITH RESPECT

                    TO WIRELESS SERVICES, DOES THE FACT THAT THIS BILL IS FEDERALLY PREEMPTED

                    MEAN ANYTHING?

                                 MS. RICHARDSON:  DOES THE FACT THAT THIS BILL IS

                    FEDERALLY PREEMPTED MEAN ANYTHING?  NO.

                                 MR. LEMONDES:  OKAY.  THANK YOU.  AND HOW

                    DOES THE BILL PROTECT FROM ABUSE OF DIFFERENTIATING CUSTOMERS THAT CAN

                    PAY BUT DON'T HAVE -- BUT DON'T HAVE TO UNDER THE COVERAGE OF THE BILL'S

                    PROTECTIONS, I.E. HAVING A CHANGE IN FINANCIAL CIRCUMSTANCES?

                                 MS. RICHARDSON:  WELL, WE ARE LEANING ON NEW

                    YORKERS TO SELF-ATTEST TO THEIR ECONOMIC HARDSHIPS, MUCH LIKE WHAT WE

                    HAVE DONE AROUND THE RENT AND OTHER AREAS OF BILL PAYMENT.  WE ARE

                    LOOKING FOR CUSTOMERS TO MOVE WITH THE SPIRIT OF HONESTY AND, YOU

                    KNOW, IF THERE'S ABUSE THEN WE'LL SET UP RECOURSE.

                                 MR. LEMONDES:  BUT THERE IS NO -- THERE IS NO

                    RECOURSE CURRENTLY, CORRECT?

                                 MS. RICHARDSON:  AT THIS TIME, NO.  WHAT WE'RE

                                          5



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    DOING IS PUTTING PEOPLE FIRST, UNDERSTANDING THAT WE ARE IN A NATIONAL

                    GLOBAL PANDEMIC AND INDIVIDUALS DO HAVE A DIFFICULTY TO PAY THEIR

                    UTILITY BILLS.  WHAT WE HAVE DONE AS AN ASSEMBLY BODY HAS PROVIDED

                    SOME FISCAL MONIES THAT CAN BE USED TO ASSIST WITH THE PAYMENT OF

                    THESE TYPE OF BILLS.  SO IF INDIVIDUALS ACTUALLY HAVE A TRUE ECONOMIC

                    HARDSHIP, THEY WILL THEN UTILIZE THE FUNDING THAT'S AVAILABLE TO THEM.

                                 MR. LEMONDES:  THANK YOU.  I APPRECIATE IT.  AND

                    THOSE ARE THE END OF MY QUESTIONS, I'LL SPEAK ON THE BILL, I PROMISED YOU

                    I'D BE BRIEF AND --

                                 MS. RICHARDSON:  YOU DID PHENOMENAL.

                                 (LAUGHTER)

                                 MR. LEMONDES:  THANK YOU.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  MR. LEMONDES, ON

                    THE BILL, SIR.

                                 MR. LEMONDES:  THANK YOU, SIR.  THE DE FACTO

                    RESULT OF THIS BILL IS ULTIMATELY HIGHER COSTS FOR ALL RATEPAYERS AND

                    CUSTOMERS.  IN MY OPINION, IT'S BAD FOR BUSINESSES BECAUSE IT

                    CIRCUMVENTS NORMAL RECOURSE FOR UNPAID BILLS BEYOND THE COVERED

                    PERIOD, THEREBY PLACING THE BURDEN ON ESSENTIAL WORKERS LIKE POLICE,

                    FIREMEN, MEDICAL PERSONNEL, FARMERS, THOSE ON FIXED INCOME LIKE

                    ELDERLY PEOPLE, RETIREES, SENIORS, VETERANS, SSI RECIPIENTS.  WE ALREADY

                    PAY THE SECOND HIGHEST UTILITY RATES IN THE NATION, AND BECAUSE OF

                    REGULATIONS LIKE THIS, IT COULD MAKE THAT WORSE.  SO I ASK TO PLEASE KEEP

                    THAT IN MIND.

                                          6



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 AND ALTHOUGH I UNDERSTAND THE SPONSOR'S INTENT AND

                    EVEN AGREE WITH IT TO SOME EXTENT, I THINK IT WEAKENS OUR RESPONSIBILITY

                    TO PAY OUR OWN DEBTS.  YOUR DEBT IS NOT MY PROBLEM, NOR IS MINE

                    YOURS.  WHEN YOU TRANSACT BUSINESS AND EXCHANGE TAKES PLACE,

                    TYPICALLY THE PROVISION OF A PRODUCT OR A SERVICE IN EXCHANGE FOR

                    PAYMENT.  I DON'T THINK THIS ADVANTAGING EITHER SIDE OF THE EQUATION IS

                    BENEFICIAL FOR ALL OF US IN THE LONG RUN.  FOR THESE REASONS, I'LL VOTE

                    AGAINST THIS AND YIELD BACK THE BALANCE OF MY TIME TO MY COLLEAGUES.

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. PALMESANO.

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

                    WILL THE SPONSOR YIELD FOR A FEW QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. RICHARDSON, WILL

                    YOU YIELD?

                                 MS. RICHARDSON:  ABSOLUTELY, MR. SPEAKER.

                                 MR. PALMESANO:  THANK YOU, DIANA.  QUICK --

                    COUPLE -- FIRST THING I WANTED TO ASK YOU, RIGHT NOW I SEE IN REPORTS, DO

                    YOU -- DO YOU -- ARE YOU AWARE HOW MUCH IN ARREARS WE ARE RIGHT NOW

                    WITH UTILITY AND OTHER BILLS?  I SAW A REPORT IN NEWSDAY THAT SAID WE

                    WERE ABOUT $1.25 BILLION, AND JUST ON -- LIPA, $187 MILLION THAT'S

                    ARREARS.  ACROSS THE STATE, ARE YOU -- ARE YOU AWARE OF HOW MUCH WE

                    HAVE IN ARREARS?

                                 MS. RICHARDSON:  THE EXACT NUMBERS, MR.

                    PALMESANO, NO I AM NOT AWARE OF, BUT I -- I CAN ASSURE YOU, MR.

                                          7



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    PALMESANO, THAT THE NUMBER IS SOME GREAT FIGURE BECAUSE WE HAVE

                    BEEN IN A PANDEMIC FOR A -- A YEAR'S TIME NOW.

                                 MR. PALMESANO:  THAT'S CORRECT, YEAH.  I THINK

                    NEWSDAY HAD IT TAGGED AT ABOUT $1.25 BILLION, THAT'S SIGNIFICANT.  I

                    GUESS THE QUESTION I WANTED TO ASK YOU ALSO, IS THERE ANY LANGUAGE IN

                    THIS BILL THAT WOULD REQUIRE INDIVIDUALS TO APPLY FOR ASSISTANCE

                    PROGRAMS THAT THEY'RE ELIGIBLE FOR TO QUALIFY FOR THE MORATORIUM?  SO IF

                    THERE'S PROGRAMS THAT THEY'RE ELIGIBLE FOR, REQUIRING THEM TO APPLY FOR

                    THESE ASSISTANCE PROGRAMS OR ANYTHING DIRECTING THE PSC OR PUBLIC

                    SERVICE COMMISSION TO REQUIRE THEM TO APPLY FOR THESE PROGRAMS THAT

                    THEY NORMALLY MIGHT APPLY FOR THAT THEY'RE NOT APPLYING FOR.  IS THERE

                    ANY LANGUAGE IN THIS BILL THAT WOULD REQUIRE THAT?

                                 MS. RICHARDSON:  REQUIRING INDIVIDUALS, NO, MR.

                    PALMESANO, BUT WHAT WE WILL BE DOING, WE HAVE A NOTIFICATION PORTION

                    OF THIS BILL SO ON THE ACTUAL BILLING STATEMENT FOR CONSUMERS, WE HAVE A

                    NOTIFICATION PORTION AND I WOULD ASSUME THAT UTILITY PROVIDERS WOULD

                    PUT A BLURP THERE ON HOW -- HOW THEIR CUSTOMERS CAN ACCESS AVAILABLE

                    FUNDS TO THEM.

                                 MR. PALMESANO:  REGARDING SOME OF THESE

                    PROGRAMS THAT ARE OUT THERE, I KNOW, I'LL JUST TELL YOU THAT RIGHT NOW

                    WE'VE GOT $1.3 BILLION IN FEDERAL AID FOR RENTERS THAT'S BEEN GIVEN TO

                    NEW YORK THAT WE HAVEN'T APPLIED YET THAT COULD BE USED FOR SOME OF

                    THESE PROGRAMS.  DO WE KNOW WHEN THAT'S GOING TO BE BLEEDING OUT TO

                    THE COMMUNITIES?  IF WE DON'T USE IT BY SEPTEMBER, WE FORFEIT THAT

                    MONEY BACK TO THE FEDERAL GOVERNMENT.  DO WE KNOW IS THAT GOING TO

                                          8



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    BE USED TO HELP IN THESE INSTANCES WHETHER IT'S RENT OR UTILITY COSTS?

                                 MS. RICHARDSON:  WHAT WE HAVE PUT IN THE

                    PREVIOUS BILL, MR. PALMESANO, IS PROVISIONS FOR THE LOCAL MUNICIPALITIES

                    TO WORK WITH NON-PROFIT GROUPS THAT ARE CULTURALLY, LINGUISTICALLY

                    COMPETENT TO DO OUTREACH INTO COMMUNITIES TO EDUCATE CONSUMERS OF

                    THE RESOURCES THAT ARE AVAILABLE TO THEM.  TRUST ME, I AM A PERSON

                    WHOSE LIVED MANY LIVES PRIOR TO STANDING ON THIS FLOOR.  NO ONE WANTS

                    TO BE BEHIND ON THEIR BILLS.  NO ONE WANTS TO BE FACING EVICTION.  NO

                    ONE WANTS TO BE FACING UTILITY SHUTOFF.  EVERYONE NEEDS THEIR LIGHT, THEIR

                    CABLE, THEIR HEAT AND PHONE AND SO FORTH.  SO IT IS MY BELIEF AND THE

                    BELIEF OF MY COLLEAGUES AND THE PEOPLE OF THE STATE OF NEW YORK, AS

                    THESE RESOURCES ARE AVAILABLE TO THEM, FOLKS WILL UTILIZE IT.  WE JUST

                    HAVE TO DO A BETTER JOB AS A STATE LEGISLATURE IN ENSURING THAT OUR

                    COMMUNICATION IS CLEAR AND THAT THE -- THE METRICS ON WHO QUALIFIES IS

                    CLEAR SO THAT FOLKS FEEL COMFORTABLE APPLYING.

                                 MR. PALMESANO:  NO, THAT'S -- I APPRECIATE THAT

                    BECAUSE WE DEFINITELY NEED TO HAVE THESE INDIVIDUALS APPLYING FOR

                    THESE PROGRAMS THAT THEY'RE ELIGIBLE FOR BECAUSE WE'RE NOT SEEING THAT

                    THAT'S HAPPENING, AT LEAST THAT'S THE REPORTS WE'RE GETTING.  AND THE

                    CONCERN I HAVE AND THE OTHERS HAVE IS ALL WE'RE GOING TO DO IS SEE THESE

                    ARREARS COMPOUND AND COMPOUND WHICH IS JUST GOING TO MAKE THE

                    SITUATION MUCH MORE DIFFICULT FOR THEM AND JUST COMPOUNDING THE DEBT.

                    AND SO I GUESS MY NEXT QUESTION IS NOW WHAT HAPPENS IF THE ARREARS

                    CONTINUE TO BUILD UP AND BUILD UP AND, YOU KNOW, THESE UTILITIES OR

                    CABLE COMPANIES ARE LOSING SIGNIFICANT AMOUNTS OF MONEY.  ISN'T IT

                                          9



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    ULTIMATELY THAT GOING TO PASS ON TO THE CUSTOMER AND THE RATEPAYER

                    THROUGH RATE CASES WHEN THEY GO TO THE PSC; ISN'T THAT A POSSIBILITY?

                    BECAUSE THOSE CASES HAVE TO BE -- HAVE TO BE MADE UP, THOSE FUNDS

                    HAVE TO BE MADE UP BECAUSE THEY'RE LOSSES IF THEY'RE NOT BEING PAID.

                    THAT'S A LOSS TO THAT INDIVIDUAL, THAT UTILITY COMPANY OR CABLE COMPANY.

                    SO WASN'T THAT POSSIBLE THAT THAT'S BEEN THE CAUSE FOR RATE CASE --

                    INCREASED RATES FOR EVERYBODY ELSE?

                                 MS. RICHARDSON:  I DON'T BELIEVE THAT THIS WILL

                    CAUSE RATE INCREASES, MR. PALMESANO.  HONESTLY, I THINK THAT AS A STATE

                    LEGISLATURE AND A FEDERAL GOVERNMENT AND EVEN LOCALLY, WE -- WE

                    UNDERSTAND HOW WE ARE ALL INTERTWINED AND WE SAW THAT THERE WAS A LOT

                    DONE TO HELP THE HOUSING SITUATION.  I THINK IF IT BECOMES SUCH A DIRE

                    SITUATION AS TO THE WAY YOU HAVE DESCRIBED THAT WE COULD PROBABLY SEE

                    SOME SORT OF RELIEF AND RESOLUTION IN A DIFFERENT WAY WITHOUT PASSING

                    ON THE COST TO THE CONSUMER, SO NO.

                                 MR. PALMESANO:  OKAY.  WELL, I CAN RESPECT THAT

                    ANSWER, BUT I GUESS THE CONCERN WE HAVE TO REALIZE, THERE IS A PROCESS

                    IN PLACE WHERE UTILITIES OR OTHER COMPANIES GO BEFORE THE PSC BECAUSE

                    THEY'RE REGULATED BY THE PSC.  IF THERE'S A SIGNIFICANT LOSS, I MEAN, THE

                    REGULATORS ARE WORRIED ABOUT THAT.  THERE IS A PROCESS THAT THEY WOULD

                    TAKE THOSE LOSSES IF THEY'RE DOCUMENTED AND SIGNIFICANT TO PRESENT THAT

                    BEFORE THE PSC FOR A RATE INCREASE AND THEN THAT RATE INCREASE WOULD

                    NOT JUST BE BORNE BY ALL THE OTHER RATEPAYERS, IT WOULD BE BORNE BY THE

                    SAME INDIVIDUALS WE'RE TRYING TO HELP THE SHUTOFF BECAUSE THEY'LL HAVE

                    THE ARREARS AND THEN ON TOP OF IT, THEY'LL HAVE A RATE INCREASE, THAT IS A

                                         10



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    POSSIBILITY.  I KNOW YOU THINK IT'S NOT, BUT IT IS CERTAINLY A POSSIBILITY

                    THAT COULD HAPPEN UNDER THIS SCENARIO, CORRECT?

                                 MS. RICHARDSON:  NO.  AGAIN, MR. PALMESANO,

                    LET'S BE VERY CLEAR ABOUT WHAT THE TEXT OF THIS BILL STATES.  THIS SIMPLY IS

                    GIVING CONSUMERS AN OPPORTUNITY TO GET INTO A REPAYMENT AGREEMENT,

                    OKAY.  IT DOES NOT LET PEOPLE OFF THE HOOK.  I AM FROM CENTRAL BROOKLYN

                    AND FROM THE CARIBBEAN AND AS WE SAY, YOU GOT TO GIVE PEOPLE A TIME

                    TO PAY, YOU GOT TO GIVE PEOPLE A TIME TO PAY.  THIS IS A PANDEMIC.

                    INDIVIDUALS HAVE LOST THEIR EMPLOYMENT, SMALL BUSINESSES ARE

                    STRUGGLING AND WHAT WE ARE LOOKING AT RIGHT NOW IS NOT, YOU KNOW, THE

                    EFFECT OF PASSING ON AN INCREASE TO CONSUMERS DOWN THE LINE.  WE ARE

                    LOOKING AT MAKING SURE PEOPLE STAY WHOLE RIGHT NOW.  AND, AGAIN, I

                    DON'T SUBSCRIBE TO THAT FALSE PRINCIPLE THAT THIS WILL INCREASE BILLS.

                                 MR. PALMESANO:  OKAY.  FAIR ENOUGH.  CERTAINLY

                    ON THE BROADBAND ISSUE, WE KNOW HOW CRITICAL THAT IS THROUGH THE

                    PANDEMIC, WHAT WE'VE SEEN WITH REMOTE LEARNING, REMOTE WORK, WE'VE

                    DONE IT HERE IN THE CHAMBER, OUR KIDS ARE DOING IT AT SCHOOL.  I THINK

                    SOME OF THE CONCERNS I HAVE IS RELATIVE TO THE PROBLEM WITH THE

                    LANGUAGE THAT MY COLLEAGUE BROUGHT UP REGARDING FEDERAL PREEMPTION.

                    I GUESS MY QUESTION IS HOW DO YOU RESPOND IF THE STATE'S TRYING TO PUT

                    REGULATIONS AND REQUIREMENTS ON BROADBAND SERVICE AND THE FACT IS THE

                    FEDERAL LAW PREEMPTS STATE REGULATION OF BROADBAND AS IT'S DEFINED AS

                    INTERSTATE INFORMATION AND COMMERCE, WHICH IS SUBJECT TO EXCLUSIVE

                    REALLY REGULATORY AUTHORITY, THE FCC, AND THEN ALSO -- THERE'S ALSO

                    LANGUAGE IN THERE THAT SAYS THAT YOU CAN'T EFFECT RATES AND, IN ESSENCE,

                                         11



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    AREN'T WE, WITH TRYING TO PUT THIS REGULATION ON BROADBAND AND ON

                    BROADBAND PROVIDERS AND EFFECTIVELY, YOU KNOW, WITH THE RATES, AREN'T

                    YOU BASICALLY STEPPING ON WHERE THE FEDERAL JURISDICTION IS, WHERE THE

                    STATE DOESN'T HAVE ANY JURISDICTION IN IT?

                                 MS. RICHARDSON:  NO, MR. PALMESANO, YOU'RE

                    INCORRECT.  THE STATE HAS THE POWER TO ENFORCE CONSUMER REGULATION SO

                    WE ARE NOT STEPPING OUT OF OUR LANE.

                                 MR. PALMESANO:  ALL RIGHT.  FAIR ENOUGH.  I

                    APPRECIATE YOUR HONESTY.  AND I DO HAVE ANOTHER QUESTION THAT I

                    WANTED TO ASK YOU.

                                 MS. RICHARDSON:  LET'S GO.

                                 (LAUGHTER)

                                 MR. PALMESANO:  LAST YEAR WHEN I HAD A

                    CONVERSATION WITH THE SPONSOR ON THIS LEGISLATION, AND I CAME TO HIM

                    AND I BROUGHT UP IF WE HAD -- I MEAN, I UNDERSTAND WHAT WE'RE TRYING TO

                    DO WITH THIS LEGISLATION, WE WANT TO TRY TO PROVIDE RELIEF TO HELP

                    INDIVIDUALS, BUT IF WE COULD HAVE AN OPPORTUNITY RIGHT NOW TO PROVIDE

                    REAL, EFFECTIVE, MEANINGFUL, IMMEDIATE RELIEF TO RATEPAYERS RIGHT NOW

                    AND LET THEM GET CAUGHT UP ON THEIR BILLS, IF THERE'S A WAY TO DO THAT

                    AND, SPECIFICALLY, WE REQUIRE -- IT'S JUST A DELAY OF SOME OF OUR GREEN

                    ENERGY PROJECTS, SOLAR FARMS AND WINDMILLS, WOULDN'T THAT BE AT LEAST

                    SOMETHING TO LOOK AT?  I'M NOT SAYING WE SHOULDN'T DO THOSE IN THE

                    FUTURE, JUST TO DELAY THEM AND THEN WE COULD PROVIDE IMMEDIATE RELIEF.

                    I MEAN, I KNOW WIND AND SOLAR IS FOR OUR FUTURE, BUT IF WE COULD

                    PROVIDE IMMEDIATE RELIEF TO HELP INDIVIDUALS RIGHT NOW; ISN'T THAT

                                         12



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    SOMETHING WE SHOULD BE LOOKING AT DOING RIGHT NOW?

                                 MS. RICHARDSON:  I THINK YOU'RE CORRECT, MR.

                    PALMESANO, IN THE THOUGHT PROCESS THAT WE NEED TO BE EXTREMELY

                    CREATIVE AND TO LOOK AND RELOOK AT MEASURES WE HAVE PROBABLY TAKEN IN

                    THE PAST TO TRY TO SEE IF THERE ARE ANY AVENUES FOR US TO MANIPULATE TO

                    GET SOME EXCESS FUNDING TO HELP WITH OUR IMMEDIATE NEEDS, SO I WOULD

                    SAY YES, BUT CAUTIOUSLY.

                                 MR. PALMESANO:  THANK YOU.  I APPRECIATE -- AND

                    THANK YOU FOR YOUR TIME.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    PALMESANO.

                                 MR. PALMESANO:  CERTAINLY I WANT TO APPLAUD THE

                    SPONSOR.  I KNOW HER INTENTIONS BEHIND THIS BILL IS TO HELP.  WE ALL WANT

                    TO HELP, AND I -- I APPRECIATE THAT.  I THINK -- I KNOW, YOU KNOW, SOME

                    CRITICISMS I'LL BRING UP ON THIS BILL, SOME PEOPLE ARE GOING TO SAY, WELL,

                    HOW CAN YOU VOTE NO, YOU DON'T HAVE ANY IDEAS OR A PLAN, AND I KNOW A

                    LOT OF TIMES WHEN WE HEAR THE WORD "UTILITY COMPANY," WE THINK OF A

                    BIG CORPORATION AND SHAREHOLDERS.  I THINK OF IT A LITTLE DIFFERENTLY.  I

                    HEAR "UTILITY," I THINK OF A RATEPAYER, I THINK OF THE CUSTOMER.  I THINK OF

                    A SMALL BUSINESS OR FARMER.  AND THE FACT OF THE MATTER IS WHEN COST

                    INCREASED ON OUR UTILITIES, ON OUR BUSINESSES, OUR TELECOM COMPANIES,

                    WHEN THOSE COSTS INCREASE, THOSE COSTS ARE GOING TO BE COVERED THROUGH

                    INCREASED PRICES AND INCREASE RATES.  IT'S JUST A FACT.

                                 BUT YET, WE CAN HELP.  I TALK ABOUT WHAT CAN WE DO

                                         13



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    HERE TODAY.  WE CAN, WE HAVE A SUGGESTION, A SOLUTION RIGHT NOW.  WE

                    CAN PROVIDE IMMEDIATE RELIEF TO PEOPLE WHO ARE HURTING RIGHT NOW WITH

                    THEIR ARREARS.  ALL WE HAVE TO DO IS JUST TAKE SOME TIME AND DELAY SOME

                    OF OUR GREEN ENERGY PROJECTS, WIND AND SOLAR FARMS.  I MEAN, I KNOW

                    WE'RE SPENDING BILLIONS OF DOLLARS A YEAR ON GREEN ENERGY.  WE COULD

                    TAKE SOME OF THAT MONEY, A PORTION OF IT, AND LET THAT GO RIGHT AND PAY

                    OFF SOME OF THESE ARREARS THAT WE HAVE IN PLACE.  LAST YEAR WHEN WE

                    WERE DISCUSSING THIS, THERE WAS $1.1 BILLION SITTING IN A FUND WAITING TO

                    BE TRANSFERRED TO NYSERDA FOR GREEN ENERGY PROJECTS.  WOULDN'T IT BE

                    BETTER TO USE THAT FUNDING TO HELP PROVIDE DIRECT, IMMEDIATE RELIEF TO

                    OUR CUSTOMERS WHO ARE HURTING RIGHT NOW, TO OUR RATEPAYERS WHO ARE

                    BEHIND BILLIONS OF DOLLARS -- OVER BILLIONS OF DOLLARS ACROSS THE STATE.

                    WOULDN'T IT BE BETTER TO USE THAT?  WOULDN'T THAT BE A BETTER USE OF THAT

                    FUNDING?  WE COLLECTED OVER $1 BILLION A YEAR IN TAX AND FEES AND

                    ASSESSMENTS ON OUR UTILITY BILLS.  LOOK AT YOUR BILL, IT'S RENEWABLE

                    PORTFOLIO STANDARD, THE SYSTEMS BENEFIT CHARGE; SIGNIFICANT AMOUNTS OF

                    MONEY.  WE CAN HELP RIGHT NOW.  WE CAN MAKE THAT -- PROVIDE THAT

                    RELIEF RIGHT NOW.  THE GOVERNOR'S TALKING ABOUT 24 ENVIRONMENTAL

                    PROJECTS, GREEN ENERGY PROJECTS AT $29 BILLION.  SOME OF THAT'S PRIVATE

                    MONEY, BUT SOME OF THAT IS STATE MONEY.  DELAY SOME OF THESE PROJECTS

                    FOR A YEAR OR TWO.  I'M NOT SAYING DON'T DO THEM, BUT JUST DELAY THEM FOR

                    A YEAR OR TWO.  TAKE THAT MONEY, $1.2 BILLION, WE CAN PAY OFF ALL THE

                    ARREARS RIGHT NOW.  WE SHOULD BE EXPLORING THAT.  THAT WOULD PROVIDE

                    REAL AND MEANINGFUL RELIEF TO PEOPLE, FAMILIES, AND BUSINESSES.  THAT'S

                    WHAT WE SHOULD BE LOOKING AT DOING.

                                         14



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 THE OTHER AREA, TOO, WE TALKED ABOUT THAT I HAVE SOME

                    CONCERNS ABOUT, THERE IS FEDERAL PREEMPTION HERE.  BECAUSE REALLY

                    UNDER THE LAW, IT CLEARLY PREEMPTS UNDER FEDERAL LAW THE THIRD

                    JURISDICTION FOR REGULATION OF BROADBAND FALLS WITH THE FCC AND THE

                    FEDERAL GOVERNMENT, NOT THE STATE GOVERNMENT.  AND ALL THIS IS GOING

                    TO DO IS TO LEAD TO MORE LAWSUITS, QUITE FRANKLY, AND THAT'S NOT GOING TO

                    PROVIDE THE ASSISTANCE TO THE PEOPLE THAT WE NEED TO DO.  WE HAVE TO --

                    WHEN YOU'RE EFFECTING THE RATES THAT ARE BEING PAID, WHEN YOU'RE TRYING

                    TO HAVE THE REGULATION OF BROADBAND INTERNET ACCESS, WHICH IS REALLY

                    INTERSTATE COMMERCE, INTERSTATE SERVICE, THE FCC HAS BEEN REALLY CLEAR

                    ABOUT THAT.  I THINK WE'RE GOING TO RUN INTO PROBLEMS WITH THAT IN THE

                    FUTURE.  AND THEN ON TOP OF THAT, IF WE'RE GOING TO TRY TO PUT THIS ON OUR

                    BROADBAND PROVIDERS, THIS IS CLEARLY GOING TO DISCOURAGE THE NECESSARY,

                    NEEDED INVESTMENT WE NEED TO BUILD OUT OUR BROADBAND NETWORK BY OUR

                    PROVIDERS, ESPECIALLY IN RURAL AREAS.  WHY WOULD THEY MAKE THAT

                    INVESTMENT IF WE'RE TAKING THIS ATTACK AND APPROACH WITH THEM?  AND I

                    THINK WE NEED TO MAKE SURE WE'RE MAKING SURE PEOPLE FIND AND APPLY

                    FOR THESE ASSISTANCE PROGRAMS, BECAUSE IF THEY'RE NOT, IF WE'RE NOT GOING

                    TO PROVIDE THAT TYPE OF ASSISTANCE I WAS TALKING ABOUT, THESE ARREARS ARE

                    GOING TO CONTINUE TO GROW.  THEY HAVE TO APPLY FOR THESE PROGRAMS.

                    WE NEED TO MAKE THEM APPLY FOR THESE PROGRAMS THAT THEY'RE ELIGIBLE

                    FOR IF THEY'RE GOING TO BE -- QUALIFY FOR THIS MORATORIUM, BECAUSE WHAT'S

                    GOING TO HAPPEN, THE FACT OF THE MATTER IS WHEN RATES GO UP, RATES WILL

                    GO UP AND COSTS ARE GOING TO GO UP, RATES ARE GOING TO GO UP, IT'S GOING

                    TO IMPACT THE UTILITY BILLS OF EVERYBODY.  IT'S GOING TO IMPACT THE UTILITY

                                         15



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    BILLS OF OUR -- OUR ESSENTIAL WORKERS, THE NURSE, THE GROCERY CLERK; THEIR

                    RATES ARE GOING TO GO UP AND THE SENIOR CITIZENS ON FIXED INCOME,

                    BECAUSE THEY MAY NOT QUALIFY FOR FINANCIAL CIRCUMSTANCES, AND THE

                    SENIORS ON FIXED INCOME.  THAT TO ME, THAT'S PROBLEMATIC.  THE FACT OF

                    THE MATTER IS WE KNOW THEY BRING RATE CASES BEFORE THE PCS ON THE

                    CUSTOMERS WHEN THEIR COSTS ARE GOING UP, THERE'S NO OTHER ALTERNATIVE

                    OTHER THAN TO INCREASE RATES ON EVERYONE ELSE TO MAKE UP THAT MONEY.

                                 SO THIS IS JUST GOING TO LEAD TO HIGHER UTILITY RATES.

                    WE'RE ALREADY AT LIKE THE SECOND HIGHEST RATES IN THE COUNTRY, HIGHER

                    UTILITY RATES FOR EVERYONE ELSE, AND ON THE SAME PEOPLE WE'RE TRYING TO

                    HELP, AND THAT'S UNFORTUNATE.  I JUST THINK THIS ISN'T A REALLY GOOD

                    SITUATION.  I KNOW WE'RE TRYING TO HELP, AND I APPRECIATE THE ATTENTION OF

                    THE SPONSOR DOING THIS, BUT WE REALLY NEED TO MAKE SURE THAT WE'RE

                    ENCOURAGING THEY'RE APPLYING FOR ASSISTANCE BECAUSE IF WE DO THAT AND

                    WE GET THAT HELP TO THEM, THEN WHAT WE'RE DOING IS WE'RE HELPING THE

                    CUSTOMER LOWER THEIR ARREARS, OR ELIMINATE THEIR ARREARS WHICH IS WHAT

                    WE REALLY WANT TO DO, NOT JUST HAVE THEM BUILD UP AND COMPOUND AS

                    THEY CONTINUE TO DO.  AND IT WOULD HELP A PROVIDER BE ABLE TO GET

                    REIMBURSED FOR THE SERVICES THAT ARE PROVIDED -- PROVIDING, WHICH

                    THEY'RE ENTITLED FOR THEIR REIMBURSEMENT.  IF THEY'RE NOT BEING PAID, IT'S

                    GOING TO TAKE FOREVER TO GET THEM BACK, OR NOT GET BACK OR IT'S GOING TO

                    COME THROUGH THE RATE INCREASES.  AND THAT WILL -- IF WE CAN DO THAT

                    TYPE OF ACTION, THAN THAT'S GOING TO LESSEN THE COST SHIFT THAT GOES TO OUR

                    ESSENTIAL WORKERS, IT'S GOING TO LESSEN THE COST SHIFT THAT GOES TO THOSE

                    INDIVIDUALS ACROSS THIS STATE THROUGH INCREASED UTILITY BILLS, INTERNET

                                         16



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    BILLS.  THAT'S WHAT WE NEED TO BE FOCUSING ON.  WE WANT TO PROTECT

                    THEM AND I THINK, UNFORTUNATELY, I THINK THIS IS JUST GOING TO CREATE

                    SOME CONCERNS AND CHALLENGES FOR EVERYONE ELSE AS WE MOVE FORWARD,

                    EVEN THE VERY PEOPLE WE'RE TRYING TO HELP, BECAUSE ESSENTIALLY, THEIR

                    ARREARS ARE COMPOUNDING, BUT THEIR BILLS ARE GOING TO GO UP, TOO,

                    BECAUSE THERE ARE GOING TO BE RATE INCREASES ACROSS THE BOARD.

                                 AND I GUESS I REALLY WANTED TO STRESS TO MY COLLEAGUES

                    RIGHT NOW, WE HAVE AN IDEA.  IF WE JUST TAKE THE FUNDS THAT ARE USED FOR

                    GREEN ENERGY PROJECTS, BILLIONS OF DOLLARS A YEAR THAT ARE EFFECTED AND

                    SPENT THROUGH TAXES, FEES, AND ASSESSMENTS.  IF WE CAN JUST DELAY SOME

                    OF THOSE PROJECTS.  I'M NOT SAYING THEY'RE NOT WORTHWHILE PROJECTS, BUT

                    THE CRITICAL NEED IS FOR OUR CONSTITUENTS RIGHT NOW WHO ARE SUFFERING.

                    WE CAN TAKE THAT MONEY AND GO AND PROVIDE DIRECT, IMMEDIATE RELIEF

                    RIGHT NOW.  GET RID OF THE ARREARS, GET RID OF THOSE BACK BILLS FOR OUR

                    SMALL BUSINESSES, FOR OUR RESIDENTS, THAT'S -- THAT'S THE SOLUTION.  WE CAN

                    DO THAT RIGHT NOW IN THE BUDGET PROCESS.  I ENCOURAGE US TO EXPLORE

                    THAT.  THAT'S REAL RELIEF, THAT'S GOING TO PROVIDE THE HELP TO THE PEOPLE

                    WE'RE TRYING TO TALK ABOUT HELPING TODAY.  THAT WILL BE REAL RELIEF.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. PALMESANO:  LET'S PROVIDE REAL RELIEF.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. PALMESANO:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO, YOU

                    CAN TAKE A BREATH NOW.

                                 (LAUGHTER)

                                         17



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MR. JENSEN.

                                 MR. JENSEN:  THANK YOU, MR. SPEAKER.  WILL MY

                    COLLEAGUE FROM CENTRAL BROOKLYN YIELD FOR A FEW QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. RICHARDSON, WILL

                    YOU YIELD?

                                 MS. RICHARDSON:  ABSOLUTELY, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. RICHARDSON

                    YIELDS.

                                 MR. JENSEN:  THANK YOU VERY MUCH.  A COUPLE

                    MINUTES AGO, YOU -- YOU MENTIONED TO -- THE ANSWER TO A QUESTION FROM

                    THE RANKING MEMBER OF THE COMMITTEE THAT IT'S UP TO THE -- THE PUBLIC

                    SERVICE COMMISSION TO DETERMINE IF A CONSUMER HAS THE FINANCIAL

                    ABILITY TO PAY WHAT THEY'RE OWED ON THEIR BILLS.  IS THAT FOR JUST

                    RESIDENTIAL CUSTOMERS OR THE SMALL BUSINESS CUSTOMERS AS WELL, OR BOTH?

                                 (PAUSE)

                                 MS. RICHARDSON:  YEAH, IT'S FOR BOTH.  SORRY I

                    NEEDED CLARITY.

                                 MR. JENSEN:  OKAY.  THANK YOU.  SO I'M -- JUST A

                    FOLLOW UP ON THAT.  I KNOW IN THE BILL IT TALKS ABOUT HOW THE

                    MORATORIUM PROTECTIONS NEED TO BE EXTENDED TO SMALL BUSINESSES WITH

                    CUSTOMERS OF -- WITH EMPLOYEES OF 25 OR FEWER.

                                 MS. RICHARDSON:  MM-HMM.

                                 MR. JENSEN:  SO LONG AS THEY ARE NOT A

                    PUBLICLY-HELD COMPANY, SEASONAL, SHORT-TERM OR TEMPORARY CUSTOMER, A

                    HIGH ENERGY CUSTOMER AS DEFINED BY THE PSC, OR A CUSTOMER THAT HAS

                                         18



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    THE -- THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL.

                    SO IN THAT READING, IT WOULD APPEAR THAT THE ONUS IS ON THE SERVICE

                    PROVIDER TO DETERMINE WHETHER OR NOT THEIR CUSTOMER HAS THE FINANCIAL

                    ABILITY TO PAY WHAT THEY OWE FOR THEIR SERVICES, AND IT DOESN'T FALL TO THE

                    PSC TO DETERMINE FINANCIAL ABILITY; WOULD THAT BE AN ACCURATE READING

                    OF THE BILL TEXT?

                                 MS. RICHARDSON:  YEAH, NOT REALLY.  ULTIMATELY

                    THE RECOURSE WOULD BE TO THE PSC.

                                 MR. JENSEN:  SO THE PSC, THE UTILITIES DO HAVE TO

                    PROVIDE THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND THEIR RIGHT TO

                    CONTEST THE DETERMINATION THROUGH A PSC COMPLAINT PROCEDURE BASED

                    ON THE EMERGENCY DECLARATION, BUT I'M MERELY JUST UNSURE ABOUT HOW

                    UTILITY IS ABLE TO DETERMINE WHETHER OR NOT THEIR CUSTOMER HAS FINANCIAL

                    ABILITY TO SATISFY THEIR REQUIREMENTS.

                                 MS. RICHARDSON:  YEAH.  THIS IS MORE PUT IN

                    PLACE IN THE LANGUAGE FOR BIG, BIG, BIG, COMPANIES THAT WE ALL, FOR

                    INSTANCE, LIKE THE GE, SOMEONE WHO WE KNOW HAS THE ABILITY TO PAY SO

                    THAT THEY DON'T, YOU KNOW, TRY TO SLIP INTO THIS SMALL BUSINESS CATEGORY.

                                 MR. JENSEN:  SO -- SO THE -- THE BIG BUSINESSES OF

                    26 EMPLOYEES OR LARGER ARE COVERED BY THIS BILL, OR NOT COVERED BY THIS

                    BILL?

                                 MS. RICHARDSON:  THEY ARE NOT AS PER THE

                    LANGUAGE OF THE BILL, AND IF THEY WERE HIGH USAGE, THEY WOULDN'T BE

                    COVERED EITHER.

                                 MR. JENSEN:  OKAY.  BUT THEY WOULD STILL HAVE TO,

                                         19



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    25 AND OVER, THEY'D STILL -- THE UTILITY PROVIDER WOULD STILL HAVE TO

                    DETERMINE IF THEY HAVE THE ABILITY BEFORE IT GOES TO THE PSC.  I'M JUST --

                    I'M NEW, SO I'M LEARNING, SO I JUST -- I HAVE QUESTIONS.

                                 MS. RICHARDSON:  I WOULD SAY THAT'S ACCURATE.

                                 MR. JENSEN:  OKAY.  SO HOW WOULD THE UTILITY

                    COMPANY GO ABOUT FINDING OUT THE FINANCIAL WELL-BEING OF THEIR

                    CUSTOMER?

                                 MS. RICHARDSON:  WELL, THERE MIGHT REQUIRE

                    SOME OUTREACH TO THE BUSINESSES TO MAKE SURE THEY'RE NOT SUBJECT TO

                    PROTECTIONS OF THIS BILL.  IT'S GOING TO COST SOME LEGWORK AND SOME

                    OUTREACH.

                                 MR. JENSEN:  SO THE UTILITY WOULD HAVE TO TAKE

                    CERTAIN STEPS TO ENSURE THAT THEIR CUSTOMER IS ACTUALLY EXPERIENCING A

                    COVID-RELATED FINANCIAL HARDSHIP AND THEY'RE JUST NOT CHOOSING TO

                    DECLINE TO PAY THEIR BILL.

                                 MS. RICHARDSON:  WELL, WHEN IT COMES TO THE

                    SMALL BUSINESSES, I WOULD SAY YES, BUT TO BE HONEST, THEY'RE GOING TO

                    HAVE TO TAKE A LOT OF OUTREACH STEPS ANYWAY --

                                 MR. JENSEN:  OKAY.

                                 MS. RICHARDSON:  -- JUST GIVEN THE SITUATION --

                                 MR. JENSEN:  OKAY.

                                 MS. RICHARDSON:  -- BUT EVEN IF IT'S TO THE

                    RESIDENTIAL CUSTOMER, RIGHT.

                                 MR. JENSEN:  SO -- AND THAT'S CERTAINLY, WE ARE, LIKE

                    YOU SAID, WE ARE IN A NATIONAL GLOBAL PANDEMIC SO CERTAINLY WE WANT TO

                                         20



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    MAKE SURE THAT THE PEOPLE WHO NEED -- NEED THAT LITTLE HELP AND MAY

                    NEED A HANDOFF ARE ABLE TO GET IT.  BUT WHAT SORT OF OUTREACH WOULD THE

                    UTILITY COMPANY HAVE TO DO, IS IT A PHONE CALL?  IS IT A CERTIFIED LETTER?

                    IS IT KNOCKING ON THE DOOR TO FIND OUT?

                                 MS. RICHARDSON:  WELL, WE LEAVE THE LANGUAGE

                    VERY OPEN FOR PROVIDERS TO DETERMINE WHAT'S THE BEST AND MAYBE

                    COST-EFFECTIVE OR MOST EFFECTIVE WAY FOR THEM TO REACH OUT TO THEIR

                    CONSUMERS.  AS STATED HERE PREVIOUSLY, EVERYONE IS GETTING A BILL FROM

                    THEIR PROVIDERS ON A MONTHLY BASIS.  IT'S EASY TO THROW A PARAGRAPH OR

                    TWO IN THE BILL STATEMENT LETTING FOLKS KNOW WHAT'S AVAILABLE TO THEM.  I

                    -- YOU KNOW, THEY CAN SEND E-MAILS, DIGITAL IS PRETTY, YOU KNOW, GOOD

                    THESE DAYS, YOU KNOW.

                                 MR. JENSEN:  WELL, THAT'S AS LONG AS THEIR POWER'S

                    NOT BEING SHUT OFF.

                                 MS. RICHARDSON:  AS LONG AS THEY DON'T SHUT IT

                    OFF, HELLO.

                                 (LAUGHTER)

                                 MR. JENSEN:  SO -- SO THANK YOU VERY MUCH FOR

                    ANSWERING THOSE QUESTIONS.  I DO HAVE A COUPLE MORE QUESTIONS BASED

                    ON THE 25 EMPLOYEE ISSUE.

                                 MS. RICHARDSON:  OKAY.

                                 MR. JENSEN:  SO I KNOW IT WAS AMENDED TO HAVE

                    THE 25 OR FEWER, AND -- SO WHAT TYPE OF EMPLOYEES IN THAT NUMBER, IS IT

                    FULL-TIME EMPLOYEES, IS IT PART-TIME EMPLOYEES?  SO IF SOMEBODY WORKS

                    A 20-HOUR WORK WEEK, DO THEY COUNT FOR HALF AN EMPLOYEE OR DO THEY

                                         21



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    COUNT AS A FULL -- FULL EMPLOYEE?  IF SOMEBODY IS AN UNPAID INTERN, DO

                    THEY COUNT TOWARDS THE EMPLOYEE NUMBER?

                                 MS. RICHARDSON:  YEAH, WE ARE JUST TALKING

                    ABOUT 25 EMPLOYEES PERIOD.  IT DOES NOT MATTER IF YOU ARE PART-TIME OR

                    FULL-TIME.

                                 MR. JENSEN:  OKAY.  AND SO SAY I'M A SMALL

                    BUSINESS.

                                 MS. RICHARDSON:  MM-HMM.

                                 MR. JENSEN:  I HAVE -- I MAYBE HAVE 100

                    EMPLOYEES AND I HAVE --

                                 MS. RICHARDSON:  YOU ARE NOT A SMALL BUSINESS

                    UNDER THE DEFINITION.

                                 MR. JENSEN:  AND THAT'S WHERE I'M GOING WITH THE

                    QUESTION.  IF I HAVE -- YOU KNOW, I'M BASED IN ROCHESTER BUT I MAY

                    HAVE OFFICES IN BUFFALO, ROCHESTER, SYRACUSE, ALBANY, AND I HAVE 100

                    EMPLOYEES ACROSS MY SMALL BUSINESS BUT I MAYBE HAVE 50 IN

                    ROCHESTER, SO I WOULDN'T BE COVERED UNDER THE LEGISLATION, BUT I MAY

                    HAVE 20 IN -- 20 IN BUFFALO, 20 IN SYRACUSE AND TEN IN ALBANY.  ARE MY

                    THREE LOCATIONS THAT HAVE LESS THAN 25, ARE THEY COVERED?  OR IS IT

                    BECAUSE THE LARGER ORGANIZATION HAS OVER 25 I'M NOT COVERED FOR ANY OF

                    MY LOCATIONS?

                                 MS. RICHARDSON:  BECAUSE THE LARGER

                    ORGANIZATION HAS OVER 25, YOU ARE NOT CONSTITUTED TO BE A SMALL

                    BUSINESS UNDER THIS PIECE OF LEGISLATION.

                                 MR. JENSEN:  OKAY.  THANK YOU VERY MUCH.

                                         22



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MS. RICHARDSON:  YOU ARE SO WELCOME.

                                 MR. JENSEN:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. ANGELINO.

                                 MR. ANGELINO:  WILL THE SPEAKER YIELD?  EXCUSE

                    ME, WILL THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  WILL YOU YIELD, MS.

                    RICHARDSON?  HE JUST GAVE YOU A RAISE, BY THE WAY.

                                 MS. RICHARDSON:  OH, ABSOLUTELY, MR. SPEAKER.

                                 MR. ANGELINO:  HELLO, IT'S NICE TO SEE YOU HERE ON

                    THE FLOOR.

                                 MS. RICHARDSON:  THANK YOU.  THAT'S MY

                    NEIGHBOR.

                                 MR. ANGELINO:  YES, WE ARE NEIGHBORS IN THE

                    LOB.

                                 MS. RICHARDSON:  IN THE LOB, YEAH.  IN THE LOB.

                                 (LAUGHTER)

                                 MR. ANGELINO:  REAL QUICK.  WHAT -- WHAT WE'RE

                    TALKING ABOUT HERE, THE MORATORIUM ON SOME OF THESE, DOES THIS ABSOLVE

                    THE CUSTOMER FROM PAYING THE BILL?

                                 MS. RICHARDSON:  ABSOLUTELY NOT.  ALL NEW

                    YORKERS ARE REQUIRED TO PAY THEIR BILLS.  ALL WE ARE SIMPLY DOING IS

                    GIVING INDIVIDUALS AN OPPORTUNITY TO GET INTO A PAYMENT AGREEMENT

                    WITHOUT PENALTY SO THAT THEY CAN AVOID HAVING THEIR UTILITIES SHUT OFF,

                    BUT WE ABSOLUTELY DO NOT LET ANYONE OFF THE HOOK.  FOLKS MUST PAY THEIR

                                         23



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    BILLS.

                                 MR. ANGELINO:  ARE WE DIGGING THEM DEEPER INTO

                    DEBT BY PUTTING THIS OFF?

                                 MS. RICHARDSON:  ABSOLUTELY NOT, BECAUSE AS

                    PREVIOUSLY STATED HERE ON THE FLOOR, WE HAVE PROVIDED FISCAL RELIEF THAT

                    CONSUMERS CAN APPLY FOR, SO I DON'T BELIEVE WE'RE PUTTING INDIVIDUALS

                    FURTHER INTO DEBT.  LOOK, ONE CAN ARGUE THAT NATURALLY BY WAY OF THIS

                    PANDEMIC, A LOT OF PEOPLE WENT INTO DEBT BECAUSE A LOT OF PEOPLE

                    SIMPLY LOST THEIR EMPLOYMENT.  BUT RIGHT NOW AS THE SAYING GOES, YOU

                    CAN'T GET BLOOD FROM A STONE.  YOU'RE GOING TO GIVE PEOPLE A CHANCE TO

                    PAY.

                                 MR. ANGELINO:  BUT THEY CAN DISCONTINUE THEIR

                    SERVICE BECAUSE -- YOU CAN'T GET IT FOR FREE WITHOUT PASSING IT ON.

                    EVENTUALLY, SOMEBODY HAS TO PAY.

                                 MS. RICHARDSON:  WELL, LISTEN.  WHEN YOU TALK

                    THEY CAN DISCONTINUE THEIR SERVICE, SHOULD PEOPLE BE IN THE DARK?

                    SHOULD PEOPLE BE WITHOUT GAS?  SHOULD PEOPLE BE WITHOUT WATER IN A

                    PANDEMIC BECAUSE THEY CAN'T PAY AND LOST THEIR JOB?  I'M ASKING THAT

                    RHETORICAL BECAUSE I KNOW YOU KNOW THE ANSWER, IT'S NO.  SO I THINK

                    THAT, AGAIN, WE ARE HERE TO REPRESENT THE PEOPLE OF THE STATE OF NEW

                    YORK AND WHILE IT MAY NOT BE IDEAL FOR THE PROFIT, WE ARE -- WE ARE

                    PUTTING PEOPLE AND THE NECESSARY SERVICES FIRST AND WE ARE NOT JUST

                    PUTTING THIS MORATORIUM, BUT WE ARE ALSO PROVIDING A FISCAL AVENUE FOR

                    THOSE WHO QUALIFY TO GET RELIEF.  SO I THINK THAT IT IS NOT THE MOST IDEAL

                    SITUATION, BUT IN THIS TIME WE HAVE TO BE LIKE A RUBBER BAND AND BE

                                         24



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    FLEXIBLE.

                                 MR. ANGELINO:  MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    ANGELINO.

                                 MR. ANGELINO:  IF WE REALLY WANTED TO HELP THESE

                    PEOPLE, RENTERS, PEOPLE WHO ARE IN -- IN A BIND BECAUSE OF THE

                    PANDEMIC, WE'D BE RELEASING THE $1.3 BILLION THAT THE STATE IS SITTING ON,

                    THE FEDERAL MONEY THAT WAS SENT TO US IN DECEMBER TO HELP WITH

                    RENTERS AND SMALL BUSINESSES PAY RENT.  THAT WOULD HELP MAYBE FREE UP

                    SOME MONEY THAT THEY COULD PAY THEIR UTILITY BILLS.  AND I DON'T KNOW

                    HOW MANY PEOPLE HAVE BEEN INTO MY DISTRICT, BUT I HAVE A VILLAGE OF

                    HANCOCK THAT HAS A FAMILY-OWNED TELECOMMUNICATION COMPANY

                    PROVIDING TELEPHONE, TELEVISION, AND INTERNET SERVICE.  IT'S A FAMILY-RUN

                    BUSINESS, THE WRIGHTER FAMILY, IT'S BOB JR. AND SR., AND I THINK THERE'S A

                    NIECE OR A NEPHEW.  I THINK TOTAL THEY DON'T HAVE 25 EMPLOYEES AND

                    THEY'RE PROVIDING THIS.  THERE'S NO WAY THAT THEY CAN CONTINUE THIS

                    WITHOUT GETTING PAID SOMEHOW SOME WAY.  THIS IS A SMALL BUSINESS

                    THAT HAPPENS TO BE PROVIDING THIS, AND I'VE GOT TO LOOK OUT FOR THEM.

                                 SO I WOULD URGE MY COLLEAGUES TO THINK LONG AND HARD

                    ABOUT THIS BEFORE WE START PASSING MORE SOCIAL LEGISLATION LIKE THIS.

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. GOODELL.

                                 (LAUGHTER)

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

                                         25



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    THE SPONSOR YIELD?

                                 ACTING SPEAKER AUBRY:  MS. RICHARDSON, WILL

                    YOU YIELD?

                                 MS. RICHARDSON:  ABSOLUTELY, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ABSOLUTELY.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS.

                    RICHARDSON.  JUST TO MAKE SURE EVERYONE'S CLEAR, THIS IS -- IF YOU'RE AN

                    INDIVIDUAL, IT'S TRIGGERED BY A CHANGE IN FINANCIAL CIRCUMSTANCES, RIGHT?

                                 MS. RICHARDSON:  YES, MR. GOODELL.

                                 MR. GOODELL:  AND SO IF THERE IS NO CHANGE IN

                    YOUR FINANCIAL CIRCUMSTANCES THEN YOU'RE NOT ELIGIBLE FOR ANY OF THIS

                    RELIEF?

                                 MS. RICHARDSON:  NO, YOU ARE NOT, MR. GOODELL.

                                 MR. GOODELL:  SO JUST TO BE CLEAR, IF YOU ARE A

                    SENIOR CITIZEN ON SOCIAL SECURITY, OR SSI, OR DISABILITY WITH NO OTHER

                    INCOME, OR A RETIREE WITH NO OTHER INCOME AND OBVIOUSLY THAT'S NOT

                    CHANGING, YOU WOULD NOT BE ELIGIBLE UNDER THIS, CORRECT?

                                 MS. RICHARDSON:  I'M SORRY, MR. GOODELL, CAN

                    YOU SAY IT AGAIN?

                                 MR. GOODELL:  CERTAINLY.  SO JUST TO BE CLEAR, IF

                    YOU'RE ON SOCIAL SECURITY, YOU'RE A SENIOR CITIZEN, OR A DISABILITY, OR A

                    RETIREMENT INCOME THAT'S A FIXED INCOME, YOU WOULD NOT BE ELIGIBLE FOR

                    ANY OF THE RELIEF UNDER THIS PROGRAM SINCE YOUR INCOME OR YOUR

                    FINANCIAL CIRCUMSTANCES DIDN'T CHANGE, CORRECT?

                                 MS. RICHARDSON:  YOU STILL GET THE MORATORIUM,

                                         26



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    MR. GOODELL.  AGAIN, IF -- IF FOLKS WHO ARE ON THAT FIXED INCOME AS YOU

                    ARE SAYING AND STILL HAVE THE SAME LEVEL OF SERVICE PRIOR TO THE

                    PANDEMIC AND WERE SUCCESSFULLY PAYING THEIR BILLS, THEN THEY SHOULD

                    JUST CONTINUE TO PAY --

                                 MR. GOODELL:  I -- I WOULD CERTAINLY AGREE --

                                 MS. RICHARDSON:  -- BUT THEY -- THEY WOULD STILL

                    FALL UNDER, YES.

                                 MR. GOODELL:  I WOULD CERTAINLY AGREE WITH THAT.

                                 MS. RICHARDSON:  YES.

                                 MR. GOODELL:  AS YOU KNOW, MANY OF OUR

                    PROGRAMS HAVE INCOME THRESHOLDS BASED ON POVERTY, YOU KNOW, 100

                    PERCENT, 150, 200 PERCENT OF POVERTY.  IS THERE ANY INCOME THRESHOLD IN

                    THIS BILL?

                                 MS. RICHARDSON:  NO, MR. GOODELL, NO INCOME

                    THRESHOLD IN THIS BILL.

                                 MR. GOODELL:  SO IN THEORY, YOU COULD BE EARNING

                    FIVE, TEN TIMES THE POVERTY LIMIT AND STILL BE ELIGIBLE, CORRECT?

                                 MS. RICHARDSON:  IT IS A MORATORIUM ACROSS THE

                    STATE LIKE A BLANKET, YES, MR. GOODELL, BUT YET AGAIN, MUCH LIKE WITH

                    OTHER SECTIONS THAT HAVE BEEN EFFECTED BY THIS PANDEMIC, WE ARE

                    LOOKING TO NEW YORKERS TO DO THE RIGHT THING TO PAY.  SO IF SOMEONE IS

                    MAKING FIVE, TEN, 100 TIMES, SOUNDS LIKE THAT PERSON HAS SOME MONEY

                    AND CAN AFFORD THEIR LIGHT, GAS, AND WATER BILL; THEY SHOULD PAY THEIR

                    BILL.

                                 MR. GOODELL:  I WOULD CERTAINLY HOPE SO, AND

                                         27



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    LIKEWISE, WITH ASSETS, THERE'S NO ASSET LIMITATION LIKE WE NORMALLY HAVE

                    ON MOST OF OUR SOCIAL SERVICES PROGRAMS?

                                 MS. RICHARDSON:  NO, MR. GOODELL.  IT'S A

                    MORATORIUM ACROSS THE STATE.

                                 MR. GOODELL:  NOW YOU MAY BE AWARE, I'M SURE

                    YOU ARE, THAT PUBLIC UTILITIES OFTEN HAVE THE ABILITY TO TAKE AN UNPAID

                    UTILITY BILL AND IMPOSE A TAX LIEN ON THE OWNER.  THAT CERTAINLY IS A

                    SITUATION IN MY COMMUNITY WITH SEVERAL OF THE PUBLIC UTILITIES.  IS THERE

                    ANY PROTECTION UNDER THIS BILL FOR A LANDLORD WHO ENDS UP WITH A TAX

                    LIEN FROM A TENANT THAT'S NOT PAYING A UTILITY BILL?

                                 MS. RICHARDSON:  YEAH, WE TOOK CARE OF THAT IN

                    DECEMBER, MR. GOODELL.

                                 MR. GOODELL:  WE DIDN'T RELIEVE THE LANDLORD OF

                    THE LIEN, RIGHT, WE JUST DELAYED THE FORECLOSURE ON THE LANDLORD'S

                    PROPERTY, CORRECT?

                                 MS. RICHARDSON:  THAT IS CORRECT, MR. GOODELL.

                                 MR. GOODELL:  SO THE LANDLORD WOULD STILL END UP

                    WITH A LIEN IF THE TENANT STOPS PAYING BUT CONTINUES TO TAKE SERVICE,

                    CORRECT?

                                 MS. RICHARDSON:  YES.

                                 MR. GOODELL:  ONE OF MY COLLEAGUES TOUCHED

                    BASE ON THIS, THERE'S -- I THINK YOU MADE IT CLEAR THERE'S NO REQUIREMENT

                    FOR THE CUSTOMER TO SEEK ANY STATE OR FEDERAL GRANTS, HEAP, FOR

                    EXAMPLE, IN ORDER TO OFFSET THESE PAYMENTS?

                                 MS. RICHARDSON:  REQUIREMENT, NO, BUT IS THE

                                         28



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    RESOURCE THERE, YES.

                                 MR. GOODELL:  AND IS THERE ANY REQUIREMENT THAT

                    THE TENANT OR THE -- OR THE UTILITY CUSTOMER, IT MIGHT NOT BE A TENANT, BUT

                    THE UTILITY CUSTOMER MAKE PARTIAL PAYMENTS CONSISTENT WITH WHAT THEIR

                    INCOME OR CHANGE IN INCOME MIGHT BE?

                                 MS. RICHARDSON:  WELL, REQUIREMENT -- THE WORD

                    REQUIREMENT, AGAIN, NO, MR. GOODELL, BUT IT IS VERY CLEAR IN THE

                    LANGUAGE OF THIS BILL THAT WE ARE PUSHING FOR CONSUMERS TO GET INTO

                    PAYMENT AGREEMENT.  WE'RE NOT LETTING THEM OFF THE HOOK HERE.  WE'RE

                    SIMPLY GIVING NEW YORKERS AN OPPORTUNITY TO GET BACK ON THEIR FEET.

                                 MR. GOODELL:  NOW AM I CORRECT THAT IF CUSTOMERS

                    DO ENTER INTO A DEFERRED PAYMENT AGREEMENT, AS YOU SUGGEST, IF THEY

                    DEFAULT ON THAT DEFERRED PAYMENT AGREEMENT, THERE'S STILL NO

                    TERMINATION OF SERVICE, CORRECT?

                                 MS. RICHARDSON:  UNDER THE MORATORIUM PERIOD,

                    NO, MR. GOODELL, BUT LOOK -- AGAIN, THE SERVICE PROVIDER IS GOING TO

                    HAVE TO PUT FORTH SOME EFFORT TO MEET INDIVIDUALS HALFWAY.  CLEARLY IF

                    SOMEONE ENTERED INTO A PAYMENT AGREEMENT AND THEN DEFAULTED, THERE'S

                    SOMETHING WRONG WITH THEIR ECONOMIC SITUATION AND THAT JUST DOES NOT

                    MEAN THEY SHOULD BE IN THE DARK OR WITHOUT WATER.  I WOULD THINK THAT

                    THE SERVICE PROVIDER WOULD THEN TRY TO REACH OUT TO THE PERSON, FIGURE

                    OUT WHAT'S GOING ON, AS THEY DO WITH COLLECTIONS, AND THEN FIGURE OUT A

                    GOOD PATHWAY FORWARD, WHICH IS WHAT RICHARDSON IS SUGGESTING.

                                 MR. GOODELL:  NOW AS YOU KNOW, THERE WAS

                    LEGISLATION PREVIOUSLY THAT ALLOWED LANDLORDS TO APPLY FOR FEDERAL

                                         29



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    RENTAL ASSISTANCE ON BEHALF OF THE TENANT.  IS THERE ANYTHING IN THIS BILL

                    THAT WOULD ALLOW A UTILITY COMPANY TO APPLY FOR UTILITY ASSISTANCE ON

                    BEHALF OF A UTILITY CUSTOMER?

                                 MS. RICHARDSON:  AT THIS TIME, THAT LANGUAGE IS

                    NOT PRESENT IN THIS PIECE OF LEGISLATION, MR. GOODELL, BUT THAT IS A GOOD

                    POINT WELL-TAKEN, AND PERHAPS IT WILL SEE THE LIGHT OF DAY TO THIS FLOOR

                    SOMETIME SOON IF THE SITUATION CONTINUES TO BE WHAT IT IS HERE IN NEW

                    YORK STATE.

                                 MR. GOODELL:  NOW THIS BENEFIT OF THE

                    MORATORIUM APPLIES FOR AN INDIVIDUAL THAT HAS A CHANGE IN FINANCIAL

                    CIRCUMSTANCES.  IS THIS A FINANCIAL CHANGE THAT'S ANALYZED EACH MONTH?

                    IN OTHER WORDS, IF I'M UNEMPLOYED IN APRIL BUT I BECOME FULLY

                    EMPLOYED AGAIN IN MAY, DO I HAVE TO RESUME PAYING MY UTILITY BILL IN

                    MAY?

                                 MS. RICHARDSON:  THAT -- THAT PARTICULAR SECTION

                    IS ONLY APPLICABLE TO THE 180 DAY PERIOD, MR. GOODELL, SO IF

                    INDIVIDUALS' FINANCES ARE FLUCTUATING IN THAT TIME, THEY NEED TO, AGAIN,

                    BE HONEST ABOUT THAT AND PAY THEIR BILLS BECAUSE AT THE END OF THE DAY,

                    AS PREVIOUSLY STATED TIME AND TIME AGAIN, THIS IS NOT A, YOU KNOW, WALK

                    AWAY FREE AND WALK AWAY AND LEAVE THE UTILITY PROVIDER HOLDING THE

                    BAG.  INDIVIDUALS WILL HAVE TO PAY.  SO IF YOU HAVE THE ABILITY TO PAY

                    BUT YOU'RE NOT PAYING, YOU KNOW --

                                 MR. GOODELL:  DOES THIS BILL AUTHORIZE THE UTILITY

                    COMPANY THEN TO REQUEST A FINANCIAL VERIFICATION OF ANY KIND?

                                 MS. RICHARDSON:  NO, IT DOES NOT.

                                         30



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MR. GOODELL:  AND DOES IT ALLOW THE UTILITY

                    COMPANY TO REQUEST THE CUSTOMER TO RECERTIFY ON A MONTHLY BASIS, FOR

                    EXAMPLE, THAT THEY STILL ARE EXPERIENCING A CHANGE IN FINANCIAL

                    CIRCUMSTANCES?

                                 MS. RICHARDSON:  NO, IT DOES NOT.

                                 MR. GOODELL:  SO IF YOU LOSE YOUR JOB IN JANUARY

                    -- WELL, I BETTER BE MORE ACCURATE.  LET'S SAY YOU LOSE YOUR JOB APRIL 1ST

                    AND YOU LOSE YOUR JOB FOR JUST A MONTH AND THEN THANKFULLY YOU GET

                    BACK ON YOUR FEET, YOU COULD STILL CLAIM THIS EXEMPTION FOR THE BALANCE

                    OF THE YEAR?

                                 MS. RICHARDSON:  YOU CAN CLAIM IT, BUT AGAIN,

                    MR. GOODELL, YOU CAN CLAIM IF -- SO WHAT YOU'RE TALKING ABOUT IS ABUSE

                    AND PROBABLY FRAUD OF THIS HONOR SYSTEM THAT WE HAVE CREATED AND,

                    AGAIN, I CONTINUE TO POINT OUT TO YOU THAT IF FOLKS WANT TO PLAY THAT

                    GAME WITH THE UTILITY PROVIDERS, THEY WILL STILL HAVE TO ANTE UP, AS WE

                    SAY, AT THE END OF THIS PERIOD AND THEY WILL HAVE TO PAY THEIR BILLS.  SO IT

                    IS IN THE BEST INTEREST FOR ALL PARTIES THAT INDIVIDUALS JUST PAY TIMELY,

                    AND IF THEY LOST THEIR JOB ONE MONTH AND WAS UNABLE TO PAY THEN BUT

                    THEN CAN PAY THE FOLLOWING MONTH BECAUSE THEY WERE ABLE TO GET BACK

                    ON THEIR FEET, THEN I BELIEVE THAT NEW YORKERS WILL DO THE RIGHT THING.  I

                    DON'T THINK THAT THE AVERAGE CONSTITUENT IS WALKING AROUND SIMPLY

                    SAYING, OH, I'M NOT PAYING MY BILLS AND OH, I'M, YOU KNOW, YOU KNOW,

                    THEY KNOW THAT THE DAY WILL COME.  IT'S JUST, THIS IS A -- IT'S A DIFFICULT

                    TIME RIGHT NOW, WE KNOW WHAT THE UNEMPLOYMENT RATES ARE, WE'RE STILL

                    IN THE HEIGHT OF THE PANDEMIC.  LET'S GIVE PEOPLE THE OPPORTUNITY TO

                                         31



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    PAY.

                                 MR. GOODELL:  AND I AGREE, THE VAST MAJORITY OF

                    NEW YORKERS ARE RESPONSIBLE AND HONEST INDIVIDUALS AND, OF COURSE,

                    THE UTILITY COMPANIES AREN'T WORRIED ABOUT THE HONEST AND THOUGHTFUL

                    CUSTOMERS, THEY'RE WORRIED ABOUT THE FEW THAT CONTINUE TO INCUR UTILITY

                    BILLS WITHOUT PAYING.  ON AVERAGE, OUTSIDE OF THE COVID SITUATION,

                    ISN'T IT TRUE UTILITIES ARE ROUTINELY TERMINATING SERVICE FOR NONPAYMENT?

                                 MS. RICHARDSON:  IS IT TRUE, MR. GOODELL?  YOU

                    TELL ME.

                                 MR. GOODELL:  WELL, YES, IT IS.  AND DO YOU KNOW

                    HOW MANY THOUSANDS ARE TERMINATED EVERY YEAR?

                                 MS. RICHARDSON:  NO, BUT I KNOW YOU'RE GOING TO

                    TELL ME NOW, MR. GOODELL.

                                 MR. GOODELL:  I ACTUALLY DON'T KNOW THE NUMBER,

                    ALTHOUGH I -- I MEAN, IN THE BACK OF MY MIND IT'S IN THE -- IN THE TENS OF

                    THOUSANDS.  BUT IF SOMEONE WAS FACING A TERMINATION OF UTILITY BEFORE

                    THE PANDEMIC, DOES THIS EXCUSE THEM EVEN THOUGH THEIR ARREARS

                    OCCURRED BEFORE THIS BILL, OR EVEN BEFORE THE PANDEMIC?

                                 MS. RICHARDSON:  THE WORD "EXCUSE" IS BEING

                    USED VERY LOOSELY AND DANGEROUSLY HERE, MR. GOODELL.

                                 MR. GOODELL:  AND I AGREE, SO LET ME BE MORE

                    ACCURATE.  DOES THIS PRECLUDE A TERMINATION OF SERVICE EVEN IF THE

                    TERMINATION PROCEEDING HAD BEGUN PRIOR TO COVID?

                                 MS. RICHARDSON:  AGAIN, MR. GOODELL, THIS IS A

                    MORATORIUM ACROSS THE -- THE STATE.  IF SOMEONE HAD A MOUNTING BILL

                                         32



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    PRIOR, AGAIN, THIS PERSON WOULD BE COVERED BUT STILL WOULD NEED TO PAY

                    AT THE END OF THIS YEAR AND/OR AT THE END OF THE 180 DAYS ADDITIONAL IF

                    THEY'RE ABLE TO PROVE THAT THEY HAVE A FISCAL HARDSHIP.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS.

                    RICHARDSON.  I ALWAYS APPRECIATE YOUR ANSWERS.

                                 MS. RICHARDSON:  ME, TOO.

                                 MR. GOODELL:  YOU ALWAYS ANSWER IN A DIRECT

                    WAY, WHICH IS APPRECIATED BY ALL OF US.  THANK YOU SO MUCH.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER J.D. RIVERA:  ON THE BILL.

                                 MR. GOODELL:  I APPRECIATE THE DESIRE OF MY

                    COLLEAGUE TO HELP THOSE WHO ARE NOT MAKING UTILITY PAYMENTS DURING

                    THE COVID SITUATION AND FACING A LOSS OF SERVICE, AND IT IS CERTAINLY A

                    LAUDABLE OBJECTIVE.  WHAT'S INTERESTING IS WHEN YOU LOOK AT HOW OTHER

                    STATES AND THE FEDERAL GOVERNMENT HAS APPROACHED THIS ISSUE, THEY'VE --

                    THEY'VE DONE IT IN A DUAL MANNER.  THEY SAID, WE WANT TO HELP THOSE

                    WHO ARE HELPING THEMSELVES.  WE WANT TO HELP THOSE WHO NEED THE HELP

                    THE MOST.  AND SO, FOR EXAMPLE, THE FEDERAL RENT EVICTION MORATORIUM

                    IS INCOME-BASED BECAUSE THE FEDERAL GUIDELINES ON THE RENTAL

                    MORATORIUM SAY YOU HAVE TO BE LOW -- YOU HAVE TO BE BELOW A CERTAIN

                    INCOME IN ORDER TO QUALIFY.  BUT THIS, AS MY COLLEAGUE NOTED, HAS NO

                    INCOME THRESHOLD AT ALL.  THE FEDERAL STANDARD ALSO GOES ON TO SAY THAT

                    YOU CAN GET A MORATORIUM ON RENTAL EVICTION BUT YOU NEED TO BE

                    MAKING PARTIAL PAYMENTS THAT REFLECT THE CHANGE IN YOUR FINANCIAL

                    CIRCUMSTANCE.  THIS BILL DOESN'T REQUIRE ANY PARTIAL PAYMENTS, NONE,

                                         33



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    REGARDLESS OF YOUR FINANCIAL CIRCUMSTANCES.  THE FEDERAL BILL SAYS THAT

                    -- THAT WAS JUST SIGNED BY PRESIDENT BIDEN SAID YOU CAN AVOID RENTAL

                    EVICTION IF YOU'VE APPLIED FOR ALL GRANTS AND AID THAT YOU ARE ELIGIBLE FOR

                    TO REDUCE THE LIABILITY.  THIS BILL DOESN'T REQUIRE ANY, ANY EFFORT BY THE

                    INDIVIDUAL TO APPLY FOR ANY GRANTS OR OTHER ASSISTANCE.  AND THIS HAS A

                    VERY REAL IMPACT ON OUR UTILITIES, BECAUSE MY LOCAL UTILITIES ARE -- IS

                    ADVISING ME THAT MANY OF THEIR CUSTOMERS AREN'T EVEN APPLYING FOR

                    HOME ENERGY ASSISTANCE.  AND MANY OF THEM ARE NO LONGER ELIGIBLE FOR

                    EMERGENCY HOME ENERGY ASSISTANCE BECAUSE THE ELIGIBILITY FOR

                    EMERGENCY HEAP, WHICH SOMETIMES IS LARGER THAN THE ORIGINAL HEAP,

                    IS THAT YOU'RE FACING TERMINATION.

                                 SO WE HAVE A STRANGE SITUATION WHERE OUR LEGISLATION

                    IS PRECLUDING PEOPLE FROM APPLYING FOR FEDERAL AID TO HELP THE LOCAL

                    UTILITY.  UNFORTUNATELY, MANY OF THESE PEOPLE WHO AREN'T MAKING ANY

                    PARTIAL PAYMENTS, WHO ARE INCURRING AN INCREASINGLY LARGE BILL, IF THEY

                    CAN'T PAY THEIR UTILITIES NOW, THE CHANCE THEY'LL BE ABLE TO PAY A YEAR'S

                    WORTH OF UTILITIES, OR A YEAR AND A HALF WORTH OF UTILITIES OR TWO YEARS

                    WORTH OF UTILITIES IS SOMEWHERE GOING TO BE CLOSE TO ZERO.  AND WHEN

                    THEY DEFAULT, IT HAS A RIPPLE EFFECT.  AND THAT RIPPLE EFFECT IS THAT THE

                    UTILITY COMPANIES FACING UNCOLLECTIBLE ACCOUNTS RECEIVABLE WILL SEEK A

                    RATE INCREASE TO COVER THE LOSS, AND THEY HAVE NO CHOICE BECAUSE THEIR

                    REVENUES AND THEIR EXPENSES ARE ALL REGULATED.  UTILITY COMPANIES ARE

                    NOT ALLOWED BY REGULATION TO MAKE EXCESSIVE PROFIT.  SO WHEN THEY

                    HAVE EXCESSIVE LOSSES, THEIR ONLY REMEDY IS TO GO BACK AND RAISE THE

                    RATES.  AND WHO'S GOING TO PAY THE HIGHER RATES?  ALL THOSE SENIOR

                                         34



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    CITIZENS WHO DIDN'T HAVE A CHANGE IN FINANCIAL CIRCUMSTANCES, ALL THOSE

                    RETIREES LIVING ON A FIXED INCOME, ALL OF THOSE FRONTLINE WORKERS WHO

                    NEVER HAD A CHANGE IN CIRCUMSTANCES.  LET'S ENCOURAGE PEOPLE TO HELP

                    THEMSELVES AND LET'S LIMIT OUR HELP TO THOSE WHO NEED IT.  THANK YOU,

                    SIR.

                                 ACTING SPEAKER J.D. RIVERA:  THANK YOU.

                                 MS. GALLAGHER.

                                 MS. GALLAGHER:  THANK YOU.

                                 ON THE BILL.

                                 ACTING SPEAKER J.D. RIVERA:  ON THE BILL.

                                 MS. GALLAGHER:  I WANT TO GRATEFULLY THANK THE

                    SPONSOR FOR BRINGING THIS FORWARD.  THIS ISSUE IS ONE THAT I'VE HEARD

                    FROM MANY CONSTITUENTS AS A MAJOR PROBLEM IN THEIR ABILITY TO LIVE, AND

                    I WAS AFRAID THAT IT WAS GOING TO BE LEFT UNRESOLVED.  I THINK THAT THE

                    ECONOMIC IMPACTS OF THIS PANDEMIC HAVEN'T BEEN RESOLVED YET.  THE

                    GOVERNMENT ASKED PEOPLE TO STAY HOME AND THOSE WHO COULD, DID AND

                    MANY HAD TO USE EVEN MORE POWER AND UTILITIES BECAUSE THEN THEY WERE

                    DOING EVERYTHING FROM HOME.  WE NEED TO DEAL WITH THE UTILITY DEBT

                    THAT THIS HAS CAUSED, AND I BELIEVE THAT, YES, WE WILL HAVE A

                    SURMOUNTING DEBT CRISIS, JUST AS WE ARE WITH RENT AND WITH OTHER FORMS

                    OF PAYMENTS THAT JUST HAVE OCCURRED BECAUSE THE GOVERNMENT HAS

                    DECIDED TO PUT OUR STATE ON PAUSE FOR OUR SAFETY.  WE ARE STILL IN THE

                    MIDDLE OF OUR COVID CRISIS AND IT'S IMPORTANT THAT WE ARE STILL DOING

                    EVERYTHING WE CAN TO MAKE SURE THAT EVERYONE IS SAFE IN THEIR HOMES.

                    THAT INCLUDES MAKING SURE THAT PEOPLE HAVE ACCESS TO UTILITIES.  AND I

                                         35



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    AM VERY GRATEFUL AND WILL BE VOTING YES ON THIS.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  WILL THE SPONSOR YIELD FOR A QUICK QUESTION, PLEASE?

                                 ACTING SPEAKER AUBRY:  MS. RICHARDSON, WILL

                    YOU YIELD?

                                 MS. RICHARDSON:  ABSOLUTELY, MR. SPEAKER.

                                 MRS. PEOPLES-STOKES:  THANK YOU, COLLEAGUE.

                    JUST IF YOU COULD TELL ME WHO IS RESPONSIBLE FOR MAKING SURE THAT THE

                    RATEPAYERS ARE AWARE OF THE POSSIBILITY OF THEM GETTING THEIR RATES

                    DEFERRED UNTIL THEY ARE ABLE TO PAY, IS IT THE COMPANY, THE MUNICIPAL --

                    OR THE MUNICIPALITY?

                                 MS. RICHARDSON:  IT'S THE COMPANY.

                                 MRS. PEOPLES-STOKES:  OKAY.  THANK YOU.

                    THANK YOU VERY MUCH.

                                 ON THE BILL, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MRS.

                    PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  I WANT TO COMMEND MY

                    COLLEAGUE FOR THIS LEGISLATION.  BELIEVE IT OR NOT, IT'S CRITICALLY IMPORTANT

                    FOR A LOT OF PEOPLE AND I'M, YOU KNOW, REALLY HAPPY TO HEAR HER SAY

                    THAT, YOU KNOW, THIS IS NOT ABOUT PEOPLE NOT BEING ABLE TO PAY.  PEOPLE

                    PROBABLY ARE ABLE TO PAY, BUT THEY JUST MAY NEED TO PAY AT A SLOWER

                    PACE.  AND WE ACTUALLY HAD THIS OPPORTUNITY IN THE GREAT CITY OF

                    BUFFALO, BUT THE COMPANY DID NOT DO THE PROPER ACKNOWLEDGEMENT TO

                                         36



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    THE CONSTITUENTS SO PEOPLE DIDN'T KNOW THAT THEY HAD THIS AVAILABILITY TO

                    MAKE THESE ARRANGEMENTS.  AND SO INSTEAD OF THE COMPANY SAYING, WE

                    CAN MAKE ARRANGEMENTS WITH YOU AND HELP YOU FIGURE OUT HOW TO PAY,

                    THEY WOULD JUST SEND DISCONNECT NOTICES.  THAT'S NOT THE WAY TO TREAT

                    PEOPLE DURING THE MIDDLE OF A PANDEMIC.

                                 AND SO I THINK THAT SOMETIMES WE DO HAVE TO ASK

                    COMPANIES AND RATEPAYERS TO, YOU KNOW, INCREASE YOUR HUMANITY HERE.

                    LET'S FIGURE OUT HOW WE WORK THESE THINGS TOGETHER.  AND SO I THINK

                    WHAT MS. -- OUR COLLEAGUE HAS PROPOSED HERE IS AN OPPORTUNITY TO

                    ENSURE THAT THAT HAPPENS, AND FOR AT LEAST THE FOLKS THAT I REPRESENT, IT'S

                    CRITICAL AND I APPRECIATE IT.  SO I WANT TO THANK THE SPONSOR FOR HER

                    LEADERSHIP ON THIS ISSUE AND I LOOK FORWARD TO VOTING IN SUPPORT OF THIS

                    LEGISLATION.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. ANDERSON.

                                 MR. ANDERSON:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. ANDERSON:  THANK YOU.  I WANT TO THANK THE

                    SPONSOR OF THIS BILL AND I WANT TO VOICE MY SUPPORT FOR THIS BILL AS IT

                    EXTENDS THE EXISTING MORATORIUM ON UTILITY TERMINATION SERVICES.

                    WE'VE HAD CONSTITUENTS WHO'VE COME IN AND HAVE COMPLAINED AND

                    HAVE EXPLAINED TO MYSELF AND MY OFFICE THAT THE NEED FOR SUPPORT IN

                    THIS MOMENT, IN THE MIDDLE OF THE COVID-19 PANDEMIC THAT HAS

                    CAUSED A GREAT DEAL OF FINANCIAL HARDSHIP TO MANY FAMILIES FOR A

                                         37



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    REPRIEVE, FOR A BREAK, FOR AN OPPORTUNITY TO PAY, AS MY COLLEAGUE JUST

                    SAID, IN SLOWER -- IN SLOWER INCREMENTS BECAUSE JOB HAS SLOWED DOWN,

                    INCOME IS NOT COMING IN AT THE SAME, AND WE, AS A LEGISLATURE, HAVE

                    THE OPPORTUNITY TO PROTECT THESE WORKING-CLASS FAMILIES BY EXTENDING

                    THIS MORATORIUM AND ALLOWING SERVICES LIKE WATER, GAS, ELECTRICITY, TO

                    NOT BE TURNED OFF SIMPLY FOR THE PROFIT OF THESE COMPANIES, LARGE

                    COMPANIES THAT WOULD SEEK TO TURN OFF UTILITIES IN THIS MOMENT OF NEED

                    AND GREAT IMPORTANCE.

                                 SO I'M SO THANKFUL FOR MY COLLEAGUE,

                    ASSEMBLYWOMAN RICHARDSON, FOR INTRODUCING THIS BILL, AND MY FELLOW

                    COLLEAGUES WHO HAVE COSPONSORED THIS VERY IMPORTANT BILL.  WE LOOK

                    FORWARD TO ENSURING THAT THE WORKING-CLASS FAMILIES WHO ARE STRUGGLING

                    IN THIS MOMENT ARE PROTECTED BY THIS BODY.  SO I VOTE -- I PLAN TO VOTE

                    IN THE AFFIRMATIVE ON THIS BILL.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. BARRON.

                                 MR. BARRON:  THANK YOU, MR. SPEAKER.  FIRST, I

                    WANT TO COMMEND MY COLLEAGUE, ASSEMBLYMEMBER RICHARDSON.  I

                    LOVE YOUR STYLE, YOUR INTELLIGENCE, YOUR ASSERTIVENESS, YOUR BRING IT

                    BECAUSE I CAN HANDLE IT.  I LIKE HOW YOU HANDLE THOSE HYPOTHETICALS THAT

                    SOME OF THE COLLEAGUES THROW AT YOU THAT PROBABLY WILL NEVER HAPPEN.

                    I JUST LIKE HOW YOU HANDLED YOURSELF.

                                 THIS BILL IS VERY BASIC AND SIMPLE, VERY HUMANISTIC,

                    VERY PEOPLE-FRIENDLY.  EXTEND THE MORATORIUM, GIVE US A CHANCE TO PAY,

                    EXTEND THE MORATORIUM AND GIVE PEOPLE A CHANCE TO PAY; HOW COLD CAN

                                         38



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    YOU GET?  YOU WANT TO TURN PEOPLE'S LIGHTS, GAS OFF DURING A PANDEMIC,

                    BUT PEOPLE ARE SUFFERING FROM A PSYCHOLOGICAL AND MENTAL STRAINS

                    BECAUSE OF THE LOSS OF INCOME, NOT KNOWING -- THE FOOD INSECURITY, ALL

                    OF THIS AND YOU DON'T WANT TO HAVE A BILL THAT SIMPLY SAYS EXTEND AND

                    GIVE US AN OPPORTUNITY TO PAY.  NOT WE DON'T WANT TO PAY ANYTHING, ASK

                    ME, THIS RICH COUNTRY SHOULD PAY THE BILLS OF EVERYBODY THAT'S IN NEED

                    DURING THIS PANDEMIC.  THEY DO IT IN OTHER COUNTRIES WHERE THEY ARE

                    PAYING BILLS FOR PEOPLE DURING THIS PANDEMIC.  BUT THIS IS SIMPLY SAYING

                    EXTEND THE MORATORIUM AND GIVE US A CHANCE TO PAY.  WE ARE VERY, VERY

                    PROUD OF YOU.  WE ARE VERY, VERY GLAD THAT YOU CAME UP WITH THIS, AND

                    THE PEOPLE OF THIS STATE WILL APPRECIATE IT GREATLY REGARDLESS OF SOME OF

                    THE DISTRACTION, HYPOTHETICALS THAT ARE IRRELEVANT.  GOOD WORK, MY

                    COMRADE; KEEP UP THE GOOD WORK.  I WILL SUPPORT THIS BILL 1,000

                    PERCENT.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MS.

                    RICHARDSON, 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 1453-B.  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.  THE REPUBLICAN

                                         39



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    CONFERENCE IS GENERALLY OPPOSED TO THIS BILL.  THOSE WHO WOULD LIKE TO

                    SUPPORT IT SHOULD CALL THE MINORITY LEADER'S OFFICE AND WE'LL ENSURE

                    THAT THEIR VOTE IS PROPERLY COUNTED.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I WOULD LIKE TO REMIND MY COLLEAGUES THAT THIS IS A PARTY VOTE

                    IN FAVOR OF THIS LEGISLATION.  COLLEAGUES DESIRING TO VOTE OTHERWISE

                    SHOULD PLEASE CONTACT THE OFFICE AND LET US KNOW AND WE WILL BE HAPPY

                    TO PROPERLY RECORD YOUR VOTE.

                                 ACTING SPEAKER AUBRY:  THANK YOU MA'AM.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. GLICK TO EXPLAIN HER VOTE.

                                 MS. GLICK:  THANK YOU, MR. SPEAKER, BRIEFLY TO

                    EXPLAIN MY VOTE.  I WANT TO THANK THE SPONSOR.  I THINK IT IS DESPERATELY

                    DREADFUL FOR PEOPLE IN THE MIDDLE OF A PANDEMIC TO HAVE THEIR WATER

                    TURNED OFF.  IT'S HAPPENED IN A NUMBER OF PLACES.  I DON'T KNOW IF IT'S

                    BEEN IN NEW YORK STATE, BUT IT'S BEEN SHOCKING.  WE TELL PEOPLE THAT

                    IT'S CRUCIAL TO STAY SAFE AND WASHING YOUR HANDS REGULARLY, AND THE

                    INABILITY TO STAY WARM, COOK FOOD FOR YOUR FAMILY, SANITIZE YOUR HANDS

                    IS VITAL TO ALL OF US.  SO I COMMEND THE SPONSOR AND I VERY, VERY

                    STRONGLY SUPPORT THIS MEASURE.  I WITHDRAW MY REQUEST AND VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                         40



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MR. PALMESANO TO EXPLAIN HIS VOTE.

                                 MR. PALMESANO:  THANK YOU, MR. SPEAKER.  I JUST

                    WANTED TO SAY THANK YOU TO THE SPONSOR FOR HER CIVILITY AND CORDIALITY

                    DURING THIS DISCUSSION.  I APPLAUD YOU.  I KNOW YOU'RE TRYING TO HELP

                    THOSE IN NEED.  I THINK WE ALL ARE.  I THINK I'M JUST CONCERNED THAT WE'RE

                    POSSIBLY EXASPERATING A PROBLEM, MAKING IT WORSE WITH GROWING

                    ARREARS THAT INDIVIDUALS CAN'T GET OUT OF.

                                 BUT, LADIES AND GENTLEMEN, WE CAN MAKE SOME

                    IMMEDIATE IMPACT RELIEF NOW.  WE COLLECT OVER $1 BILLION A YEAR IN

                    TAXES, SURCHARGES AND FEES AND ASSESSMENTS ON OUR ENERGY BILLS.  MUCH

                    OF THAT GOES FOR GREEN ENERGY PROJECTS THROUGH NYSERDA FOR WIND

                    AND SOLAR.  I'M NOT SAYING WIND AND SOLARS AREN'T IMPORTANT PRIORITIES --

                    OR IMPORTANT NEED, BUT IT ISN'T AN URGENT NEED.  THE URGENT NEED IS FOR

                    THOSE FAMILIES RIGHT NOW AND THE SMALL BUSINESSES WHO HAVE BEEN

                    CRIPPLED AND CRUSHED BY THESE ARREARS.  WE NEED TO PROVIDE ASSISTANCE

                    FOR THEM.  JUST DELAY SOME OF THESE GREEN ENERGY PROJECTS AND PROVIDE

                    THOSE RESOURCES TO HELP GET RID OF THOSE ARREARS NOW.  HELP THE PEOPLE

                    IN NEED.  I THINK THAT MAKES SENSE.  I THINK THE PEOPLE WOULD SUPPORT

                    THAT.

                                 THE GOVERNOR'S PROPOSED 24 PROJECTS FOR ABOUT $29

                    BILLION FOR GREEN PROJECTS.  LET'S USE SOME OF THAT MONEY TO HELP THOSE

                    IN NEED RIGHT NOW AND GET THOSE ARREARS TAKEN CARE OF.  WE HAVE -- WE

                    KNOW THERE'S OVER $1 BILLION IN ARREARS RIGHT NOW.  WE CAN USE THAT AS

                    RESOURCES TO HELP THOSE IN NEED -- IN URGENT NEED RIGHT NOW AND TO JUST

                    DELAY THOSE FOR A LITTLE BIT.  IT'S NOT GOING TO HURT ANYTHING BY DELAYING

                                         41



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    THOSE PROJECTS, BUT WE CAN PROVIDE REAL ASSISTANCE RIGHT NOW IF WE WERE

                    ABLE TO DO THAT.  AND BY DOING THAT, WE WILL ALSO AVOID REAL AND TRUE

                    COST SHIFTS OF HIGHER RATES, HIGHER UTILITY RATES, HIGHER BILLS TO ALL THE

                    RATEPAYERS, TO ALL THE CUSTOMERS.  AND ALSO, MAYBE IF WE DO THAT,

                    MAYBE WE WOULD ENCOURAGE MORE BROADBAND INVESTMENT AND BUILD OUT

                    RATHER THAN DISCOURAGE THE BROADBAND BUILD OUT, WHICH I THINK THIS BILL

                    ULTIMATELY DOES BECAUSE OF THE FEDERAL PREEMPTION AND OTHER ISSUES

                    THAT GO ALONG WITH IT.  BUT THE MOST IMPORTANT THING, IF WE WERE TO TAKE

                    THAT SUGGESTION I TALKED ABOUT, IT WOULD PROVIDE REAL SIGNIFICANT

                    MEANINGFUL RELIEF RIGHT NOW TO THOSE THAT ARE HURTING, FACING AN URGENT

                    NEED.  LET'S DO THAT, THAT'S THE BETTER OPTION.

                                 FOR THOSE REASONS, I'LL BE VOTING NO.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO IN THE

                    NEGATIVE.

                                 MR. WALCZYK.

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

                    EXPLAIN MY VOTE.  I VOTE NO, MR. SPEAKER.  THE MESSINA ELECTRIC

                    DEPARTMENT HAS RESPECTED THE MORATORIUM AND AT THIS POINT, THEY HAVE

                    FIVE PERCENT OF THEIR CUSTOMERS BASE WHICH IS NOT PAYING.  THAT MEANS

                    OTHERS IN MESSINA ARE FOOTING THE BILL FOR THAT FIVE PERCENT THAT IS NOT

                    PAYING.  AND I APPRECIATE THE BENEVOLENCE OF SOME IN THIS -- IN THIS

                    CHAMBER WITH OTHER PEOPLE'S MONEY, BUT THIS IS REAL MONEY THAT WE'RE

                    TALKING ABOUT AND -- AND THOSE OTHER RATEPAYERS IN MESSINA DESERVE AN

                    OPPORTUNITY AS WELL.  WHAT'S INTERESTING IS THE MESSINA ELECTRIC

                    DEPARTMENT, EIGHT OUT OF THEIR 100 MOST DELINQUENT RESIDENTIAL

                                         42



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    CUSTOMERS HAVE APPLIED FOR HEAP AT THIS POINT IN TIME.  EIGHT, THE

                    NUMBER EIGHT, OUT OF 100 HAVE EVEN APPLIED.  THEY'RE ALL ELIGIBLE FOR

                    HEAP AT THIS TIME.  THEY'RE WORRIED ABOUT THE -- THE DELINQUENCY RATES.

                                 THIS -- LOOK, I MEAN THE POINTS HAVE BEEN MADE HERE

                    BUT THE BOTTOM LINE IS YOU NEED TO CONSIDER WHEN YOU'RE MOVING

                    FORWARD WITH LEGISLATION LIKE THIS WHAT THE ACTUAL -- WHAT THIS ACTUALLY

                    MEANS FOR THE RATEPAYERS AT THE END OF THE DAY.  IT'S A BAD PIECE OF

                    LEGISLATION.  I URGE ALL OF MY COLLEAGUES TO VOTE NO.  THERE'S A REASON

                    THAT WE HAVE THESE AGREEMENTS, THAT DPS IS IN PLACE AND THAT THERE ARE

                    AGREEMENTS WITHIN MUNICIPALITIES.  IT'S GOING TO BE EXTRA HARD-HITTING

                    FOR SOME OF THESE MUNICIPAL ELECTRIC COMPANIES, SO I VOTE NO.  THANKS,

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. WALCZYK IN THE

                    NEGATIVE.

                                 MS. RICHARDSON TO EXPLAIN HER VOTE.

                                 MS. RICHARDSON:  MR. SPEAKER, I WANT TO SAY

                    THANK YOU TO YOU AS WELL AS ALL OF MY COLLEAGUES FOR HAVING THIS BILL

                    COME TO THE FLOOR.  AND I WANT TO THANK MY COLLEAGUES ON THE OTHER

                    SIDE OF THE AISLE FOR A VERY SPIRITED DEBATE.  WE ARE ONE YEAR INTO A

                    GLOBAL PANDEMIC THAT HAS WREAKED HAVOC ON THE LIVES OF NEW YORKERS.

                    INDIVIDUALS WERE FORCED TO SHELTER IN PLACE, STAY AT HOME AND AS A

                    RESULT, IT HAS LED TO A LOSS OF INCOME.  NEW YORKERS ARE NOT OFF THE

                    HOOK, BUT WE DO HAVE TO GIVE INDIVIDUALS AN OPPORTUNITY TO TRULY GET

                    BACK ON THEIR FEET.  THIS LEGISLATION, WITH PUTTING A MORATORIUM ON

                    UTILITIES SHUTOFF AND INCLUDING CABLE AND BROADBAND IS SO ESSENTIAL TO

                                         43



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    THE EVERYDAY VIABILITY OF NEW YORKERS TO GET THROUGH.

                                 SO I JUST WANT TO SAY THANK YOU TO ALL OF MY

                    COLLEAGUES FOR ALL OF THEIR SUPPORT, AND I KNOW THAT WITH THIS LEGISLATION

                    WE ARE CREATING MEANINGFUL IMPACTS ON THE GROUND.  THANK YOU, THANK

                    YOU, AND THANK YOU AGAIN.

                                 ACTING SPEAKER AUBRY:  MS. RICHARDSON IN

                    THE AFFIRMATIVE.

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

                    FOLLOWING IN THE AFFIRMATIVE:  MR. BROWN, MR. DURSO, MR. GANDOLFO,

                    MICHAEL LAWLER, MR. MONTESANO, MR. REILLY, MR. TANNOUSIS, AND MR.

                    SCHMITT.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  SO NOTED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  IF YOU COULD PLEASE RECORD OUR COLLEAGUE, MS. BUTTENSCHON,

                    IN THE NEGATIVE.

                                 ACTING SPEAKER AUBRY:  SO NOTED.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 WE WILL GO TO PAGE 22, CALENDAR NO. 211, THE CLERK

                    WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A06475, CALENDAR NO.

                    211, BRONSON, OTIS.  AN ACT TO AMEND THE EDUCATION LAW, IN RELATION

                    TO ABSENTEE BALLOTS FOR SCHOOL DISTRICT ELECTIONS DURING A DECLARED

                                         44



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    DISASTER EMERGENCY; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS

                    UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

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

                    ADVANCED.  MR. BRONSON, AN EXPLANATION HAS BEEN REQUESTED.

                                 MR. BRONSON:  YES, MR. SPEAKER.  THIS BILL WOULD

                    ALLOW AN INDIVIDUAL TO REQUEST AN ABSENTEE BALLOT FOR THE 2021 SCHOOL

                    BOARD ELECTION AND SCHOOL BUDGET VOTES IF VOTING IN PERSON WOULD

                    PRESENT A RISK OF CONTRACTING OR SPREADING AN ILLNESS.  IT'S INTENDED TO

                    ADDRESS THE CURRENT PANDEMIC, AND THE BILL WOULD ONLY BE IN EFFECT FOR

                    THIS CALENDAR YEAR AFTER WHICH IT WOULD EXPIRE.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  WOULD THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MR. BRONSON, WILL

                    YOU YIELD?

                                 MR. BRONSON:  YES, I WILL, MR. SPEAKER.

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

                    THINK YOUR EXPLANATION IS PRETTY STRAIGHTFORWARD, BUT I JUST WANTED TO

                    TOUCH BASE WITH YOU ON A COUPLE OF ISSUES.  AM I CORRECT THAT YOU

                    COULD APPLY FOR THIS ABSENTEE BALLOT EVEN THOUGH YOU ARE PERFECTLY

                    HEALTHY AND DON'T ANTICIPATE ANY SURGERY OR MEDICAL PROCEDURES OR

                    ANYTHING OF THAT NATURE?

                                 MR. BRONSON:  YES.  THE BILL EXPANDS THE

                    DEFINITION OF "ILLNESS" TO INCLUDE A CONCERN OF CONTRACTING OR SPREADING,

                                         45



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    IN THIS CASE COVID-19 DURING THIS PARTICULAR PANDEMIC, BUT IT WOULD

                    INCLUDE ANY TYPE OF ILLNESS.

                                 MR. GOODELL:  WOULD THIS NOT BE AVAILABLE, AM I

                    CORRECT IT WOULD NOT BE AVAILABLE IF YOU'VE ALREADY HAD, FOR EXAMPLE,

                    THE COVID VACCINE SINCE YOU WOULD NO LONGER BE AT RISK?

                                 MR. BRONSON:  I DON'T BELIEVE THAT WOULD BE THE

                    CASE.  I THINK YOU CAN STILL HAVE A CONCERN OF A RISK OF CONTRACTING OR

                    SPREADING AN ILLNESS.  VACCINATIONS, ALTHOUGH I ENCOURAGE EVERYONE TO

                    GET A VACCINATION - I'M VERY PLEASED, I'VE ALREADY GOTTEN MINE - BUT

                    THEY'RE NOT 100 PERCENT.  AND WE HAVE THREE DIFFERENT VARIATIONS OF

                    VACCINATIONS THAT ARE AVAILABLE TO CITIZENS RIGHT NOW AND EACH ONE OF

                    THEM HAVE A DIFFERENT PERCENTAGE OF EFFECTIVENESS.

                                 MR. GOODELL:  AND UNDER THIS BILL, COULD A PERSON

                    APPLY FOR AN ABSENTEE BALLOT EVEN THOUGH THEY'VE ALREADY HAD COVID,

                    AND MOST EXPERTS BELIEVE THAT THAT WOULD PRESENT A HIGH LIKELIHOOD THAT

                    YOU WOULD NOT CONTACT IT AGAIN; NOT -- APPARENTLY NOT 100 PERCENT, BUT A

                    VERY HIGH PROBABILITY; IS THAT CORRECT?

                                 MR. BRONSON:  CERTAINLY.  THE PERSON WOULD STILL

                    BE ABLE TO APPLY FOR THE ABSENTEE BALLOT BECAUSE, ONCE AGAIN, THE

                    SCIENCE ISN'T 100 PERCENT PROOF AND WE KNOW THAT SOME PEOPLE MAY

                    STILL BE CONCERNED OF CONTRACTING OR SPREADING THE COVID VIRUS.

                                 MR. GOODELL:  NOW THIS BILL DOESN'T RESTRICT

                    ABSENTEE BALLOT APPLICATIONS TO THOSE WHO MAY BE AT HIGHER RISK BASED

                    ON THEIR AGE OR COMORBIDITIES OR ANYTHING OF THAT NATURE; IS THAT

                    CORRECT?

                                         46



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MR. BRONSON:  THE BILL DOES NOT EXPRESSLY ADDRESS

                    EVALUATING OR QUANTIFYING WHAT THE RISK MAY BE.  IT INDICATES THAT IF A

                    PERSON FEELS THAT A RISK MAY PRESENT, THEN THEY'RE ABLE TO APPLY FOR THE

                    ABSENTEE BALLOT.

                                 MR. GOODELL:  IS THERE ANY ABILITY OF A BOARD OF

                    ELECTIONS OR ANYONE ELSE FOR THAT MATTER TO QUESTION WHETHER OR NOT THE

                    CONCERN OF POSSIBLY HAVING A RISK OF BECOMING INFECTIOUS -- INFECTED IS

                    REASONABLE OR NOT?  THERE'S NO REVIEW --

                                 MR. BRONSON:  NO.

                                 MR. GOODELL:  -- PROCESS IS THERE?

                                 MR. BRONSON:  THAT IS CORRECT, THERE'S NO REVIEW

                    PROCESS.

                                 MR. GOODELL:  AS YOU KNOW, BACK IN DECEMBER

                    THE GOVERNOR ISSUED AN AMAZING CHART OUTLINING IN EXTRAORDINARY DETAIL

                    STATEWIDE CONTACT TRACING DATA FOR OVER 30 TYPES OF ACTIVITIES, BROKEN

                    ALL THE WAY DOWN TO TWO-HUNDREDTHS OF ONE PERCENT.  APPARENTLY HE

                    DIDN'T KNOW HOW MANY PEOPLE DIED IN NURSING HOMES OR HOSPITALS, BUT

                    HE COULD TELL YOU WITH EXTRAORDINARY ACCURACY HOW MANY PEOPLE GOT

                    COVID IN A GYM, FOR EXAMPLE, OR AT CHILD CARE.  THAT LIST WHICH WENT

                    ALL THE WAY DOWN TO TWO-HUNDREDTHS OF ONE PERCENT FOR

                    ACCOMMODATIONS, FOR EXAMPLE, DIDN'T LIST ANY REPORTED COVID TRANSFER

                    FROM THOSE WHO VOTED.  ARE YOU AWARE OF ANY DATA INDICATING THAT

                    ANYONE WHO VOTED IN PERSON CONTACTED COVID?

                                 MR. BRONSON:  WELL, FIRST OF ALL, MR. GOODELL, IT'S

                    INTRIGUING TO ME THAT YOU'RE REFERRING TO A GOVERNOR'S REPORT AT THIS

                                         47



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    POINT IN CONNECTION WITH THIS, BUT NO, I AM NOT AWARE OF IT.  BUT THE

                    POINT OF THE BILL IS IF OUR CITIZENS WHO WANT TO FULLY PARTICIPATE IN THEIR

                    CIVIC DUTY OF VOTING BUT, AT THE SAME TIME, ARE CONCERNED UNDER THIS

                    EXTRAORDINARY PANDEMIC THAT THEY MAY CONTRACT OR SPREAD AN ILLNESS,

                    THAT CONCERN SHOULD BE RECOGNIZED AND WE SHOULD BALANCE THAT CONCERN

                    WITH THE DESIRE TO HAVE EACH AND EVERY PERSON WHO WANTS TO VOTE BE

                    ABLE TO VOTE.  THAT'S THE PURPOSE, THAT'S THE INTENT OF THIS PIECE OF

                    LEGISLATION.

                                 MR. GOODELL:  MR. BRONSON, AM I CORRECT THAT

                    ROUGHLY 30 PERCENT OF NEW YORKERS HAVE ALREADY BEEN VACCINATED?

                                 MR. BRONSON:  I WOULD HAVE TO LOOK UP WHAT THE

                    PERCENTAGE IS, BUT IF YOU HAVE A REFERENCE THAT INDICATES THAT, WE CAN GO

                    FORWARD WITH YOUR HYPOTHETICAL.

                                 MR. GOODELL:  AND IF WE BELIEVE OUR PRESIDENT,

                    AND I HAVE NO REASON NOT TO, THEY'RE VACCINATING NATIONWIDE ABOUT THREE

                    MILLION A DAY.  HE'S PROJECTING THAT WE SHOULD BE ABLE TO RESUME

                    ALMOST ALL SOCIAL ACTIVITIES IN JUNE OR JULY IF I'M NOT MISTAKEN.  IF THAT'S

                    CORRECT, WHAT IS THE REAL RISK HERE?

                                 MR. BRONSON:  ONCE AGAIN, THE BILL IS BALANCING

                    THE RIGHT AND THE CIVIC DUTY OF INDIVIDUALS TO VOTE IN SOME OF THE MOST

                    IMPORTANT ELECTIONS WE HAVE WHEN WE SELECT THOSE WHO WILL BE IN

                    CONTROL OF OUR VARIOUS SCHOOLS AND THE EDUCATION OF OUR CHILDREN AND

                    THE FUNDING RELATED TO RUNNING OUR SCHOOLS, BALANCING THAT WITH THE REAL

                    CONCERN PEOPLE HAVE OF CONTRACTING OR SPREADING THE COVID VIRUS.  SO

                    I THINK IT'S REASONABLE FOR US TO MOVE FORWARD IN THIS DIRECTION.  WE

                                         48



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    HAVE DONE THAT IN PREVIOUS LEGISLATION, PREVIOUS LEGISLATION THAT DEALT

                    WITH OTHER TYPES OF ELECTIONS.  THAT -- THAT CHAPTER THAT WE PASSED IN

                    2020 WILL EXPIRE ON JANUARY 1ST, 2022.  THIS PIECE OF LEGISLATION, IF

                    SIGNED BY THE GOVERNOR, WHICH I EXPECT HE WILL, WILL ALSO EXPIRE ON

                    JANUARY 1ST, 2022.

                                 MR. GOODELL:  IS THIS LEGISLATION FOR SCHOOL BOARD

                    ELECTIONS LIMITED IN ANY WAY TO SCHOOLS THAT ARE NOT YET FULLY OPEN, OR

                    DOES IT APPLY EVEN IF THE SCHOOL IS FULLY OPEN FOR IN-PERSON INSTRUCTION?

                                 MR. BRONSON:  THE LEGISLATION DOES NOT MAKE A

                    DISTINCTION.

                                 MR. GOODELL:  WELL, AGAIN, MR. BRONSON, THANK

                    YOU VERY MUCH.  I APPRECIATE YOUR COMMENTS.

                                 ON THE BILL, SIR.

                                 MR. BRONSON:  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  I APPRECIATE MY COLLEAGUE'S DESIRE

                    TO PROVIDE BASICALLY NO EXCUSE ABSENTEE BALLOTING FOR ANYONE WHO HAS

                    A FEAR, WHETHER WELL-FOUNDED OR NOT, THAT THEY MAY OR MAY NOT CONTACT

                    AN ILLNESS IF THEY VOTE IN PERSON.  AS THE SPONSOR ACKNOWLEDGED, AND I

                    APPRECIATE HIS -- HIS HONESTY AND FORTHRIGHT ANSWERS, YOU CAN APPLY FOR

                    THIS EVEN THOUGH YOU'RE PERFECTLY HEALTHY; YOU'VE BEEN VACCINATED OR

                    YOU'VE ALREADY HAD COVID; THERE'S NO RESTRICTION IN TERMS OF WHETHER

                    THE SCHOOL IS OPEN, THE SCHOOL MAY BE FULLY OPEN; YOUR BUSINESS OR

                    WHERE YOU'RE EMPLOYED OR WHERE YOU WORK COULD BE FULLY OPEN; YOU

                                         49



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    COULD BE ATTENDING AND ENJOYING SHOPPING AND RESTAURANTS AND

                    EVERYTHING ELSE IN THE PRIVATE SECTOR EXCEPT, OF COURSE, FOR OUR COURT

                    SYSTEM BECAUSE THEY'RE STILL CLOSED TO IN-PERSON EVEN AS EVERYONE IS

                    SEEKING TO OPEN.  IT DOESN'T MATTER WHAT SAFETY PRECAUTIONS MIGHT BE

                    APPLIED OR AVAILABLE AND, CERTAINLY, WHEN I WENT TO VOTE IN PERSON

                    EVERYONE WAS WEARING MASKS OR PLEXIGLASS SHIELDS, WE ALL RECOGNIZED

                    SOCIAL DISTANCING AND SEPARATING.  AND WE'RE ASKED TO ENACT THIS LAW

                    EVEN THOSE THERE'S ABSOLUTELY NO DATA INDICATING THAT THERE'S ANY ACTUAL

                    TRANSMISSION BASED ON WHAT APPEARS TO BE EXTRAORDINARILY DETAILED

                    CONTACT TRACING DATA ISSUED BY OUR GOVERNOR.

                                 NOW SOME MAY SAY, WELL, WHAT DO YOU CARE?  AND

                    SOME OF US MAY ACTUALLY SUPPORT NO EXCUSE ABSENTEE BALLOTING.  WELL

                    THE PROBLEM IS THAT OUR STATE CONSTITUTION IS VERY CLEAR ON WHAT THE

                    STANDARDS ARE FOR ABSENTEE BALLOTING.  AND IT SAYS THAT ABSENTEE BALLOTS

                    SHALL BE AVAILABLE TO QUALIFIED VOTERS WHO ON THE OCCURRENCE OF ANY

                    ELECTION MAY BE UNABLE TO APPEAR PERSONALLY AT THE POLLING SITE BECAUSE

                    OF ILLNESS OR PHYSICAL DISABILITY, OR BECAUSE THEY'RE OUTSIDE OF THE AREA.

                    NOW WE ALL TOOK AN OATH OF OFFICE TO UPHOLD THE CONSTITUTION, AND UNTIL

                    WE AMEND THE CONSTITUTION, WE SHOULD NOT PASS LEGISLATION THAT CLEARLY

                    IS INTENDED TO CIRCUMVENT THE CONSTITUTIONAL LANGUAGE AND THE

                    CONSTITUTIONAL RESTRICTIONS.  THAT'S MY OBJECTION.  I DON'T CARE IF

                    SOMEBODY WANTS TO VOTE BY ABSENTEE BALLOT IF THEY'RE SICK OR THEY'RE OUT

                    OF THE OFFICE OR THEY'RE DISABLED.  I DON'T EVEN MIND IF WE WANT TO LOOK

                    AT AMENDING THE CONSTITUTION.  BUT UNTIL WE AMEND THE CONSTITUTION,

                    WE SHOULD FOLLOW IT AND WE SHOULDN'T INTRODUCE LEGISLATION THAT SAYS

                                         50



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    YOU CAN VOTE BY ABSENTEE BALLOT EVEN THOUGH YOU'RE NOT SICK, YOU'RE NOT

                    DISABLED, YOU'RE NOT ABSENT FROM THE AREA, JUST -- EVEN THOUGH YOU HAVE

                    VIRTUALLY NO RISK WHATSOEVER, JUST BECAUSE YOU WANT TO.

                                 LET'S PLAY BY THE RULES.  LET'S MAKE SURE WE'RE ACTING

                    IN A CONSTITUTIONAL MANNER.  AND IF WE WANT TO CHANGE THE

                    CONSTITUTION, LET'S PASS THE CONSTITUTIONAL AMENDMENT AND LET THE

                    VOTERS VOTE ON IT, ALTHOUGH WHEN THEY VOTE ON IT, HOPEFULLY THEY WILL

                    VOTE WITH ABSENTEE BALLOTS THAT ARE CONSISTENT WITH THE CONSTITUTIONAL

                    AMENDMENT.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 (PAUSE)

                                 ACTING SPEAKER AUBRY:  LET'S START IT AGAIN.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON SENATE PRINT 5545.  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:  THE GENERAL -- THE REPUBLICAN

                    PARTY WILL BE GENERALLY VOTING IN THE NEGATIVE, BUT THOSE WHO WOULD

                    LIKE TO SUPPORT THIS BILL ARE ENCOURAGED TO CALL THE MINORITY LEADER'S

                    OFFICE AND ADVISE THEM SO THAT WE CAN PROPERLY RECORD THEIR VOTE.

                                         51



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  MAJORITY COLLEAGUES WILL BE VOTING IN THE AFFIRMATIVE ON THIS

                    ONE.  THOSE DESIRING TO BE AN EXCEPTION SHOULD PLEASE CONTACT THE

                    OFFICE AND WE WILL BE HAPPY TO PROPERLY RECORD YOUR VOTE.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MA'AM.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. LAVINE TO EXPLAIN HIS VOTE.

                                 MR. LAVINE:  THANK YOU, MR. SPEAKER.  SO I GUESS

                    THE -- IF I UNDERSTAND CORRECTLY, THE ARGUMENTS BEING MADE THAT WHAT

                    WE'RE DOING HERE PROVIDING FOR ABSENTEE BALLOTS EXPRESSLY DOESN'T PASS

                    CONSTITUTIONAL MUSTER, BUT, YOU KNOW, I DON'T KNOW.  SO I'M LOOKING AT

                    THE STATE CONSTITUTION, ARTICLE II, SECTION 2, AND IT SAYS THAT YOU COULD

                    HAVE ABSENTEE BALLOTS WHEN THERE'S A DANGER BECAUSE OF ILLNESS.  WELL,

                    IF WE DON'T HAVE A DANGER BECAUSE OF ILLNESS AS A RESULT OF THIS

                    PANDEMIC THEN -- THEN THERE IS NO SUCH THING AS DANGER AND THERE IS NO

                    SUCH THING AS ILLNESS.  THERE IS OBVIOUSLY ILLNESS ABOUT.  PEOPLE ARE IN

                    DANGER.  WHAT WE ARE DOING WITH THIS BILL, AND I WANT TO COMMEND THE

                    SPONSOR, IS NOT ONLY PERFECTLY CONSISTENT WITH THE CONSTITUTION, BUT

                    DARN IT, THE PEOPLE WHO WROTE THE CONSTITUTION WOULD AGREE WITH WHAT

                    I'M SAYING 100 PERCENT.  AND EITHER WE, AS AMERICANS, FIGHT TO PROTECT

                    THE RIGHTS OF AMERICANS TO VOTE OR WE WILL NO LONGER BE AMERICANS.

                    THIS IS A CONTROVERSY RAGING THROUGHOUT THE NATION AND I THINK IT'S

                                         52



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    ABOUT TIME THAT WE STAND STRONGLY FOR THE PROPOSITION THAT WE ARE ALL IN

                    THIS TOGETHER AND IF WE DON'T PROTECT THE RIGHTS OF OUR BROTHERS AND

                    SISTERS TO VOTE, WE ARE GOING TO LOSE OUR RIGHTS TO VOTE.  I'M VERY

                    PLEASED TO VOTE FOR THIS.  I'M VOTING IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. LAVINE IN THE

                    AFFIRMATIVE.

                                 MR. OTIS TO EXPLAIN HIS VOTE.

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

                    MR. BRONSON, FOR SPONSORING THIS BILL.  I AM A COSPONSOR OF THIS BILL AND

                    I'D LIKE TO REMIND EVERYBODY THAT WE ARE STILL IN A PANDEMIC AND THAT IF

                    YOU LOOK AT THE STATISTICS IN NEW YORK AND AROUND THE COUNTRY, THE

                    INFECTION RATES ARE ACTUALLY ON THE UPRISE RIGHT NOW.  THIS IS VERY MUCH

                    OF A CONCERN.  THERE IS A FALSE SENSE OF SECURITY REGARDING THE

                    HEIGHTENED VACCINATION RATES BUT THE REALITY IS THAT ALL THE MEDICAL

                    PEOPLE SEEM TO BE SAYING THAT EVEN IF YOU'VE BEEN VACCINATED, YOU CAN

                    ACTUALLY CARRY THE VIRUS TO SOMEBODY ELSE.  AND SO WE MAY HAVE

                    PEOPLE WHO'VE BEEN VACCINATED WHO HAVE PEOPLE IN THEIR HOUSEHOLD

                    WHO HAVE NOT BEEN VACCINATED YET AND PEOPLE SHOULD BE GIVEN THE

                    ABILITY TO FOLLOW THEIR CONCERNS AND STILL HAVE THE RIGHT TO VOTE.  THIS

                    ACTION IS NO DIFFERENT THAN WHAT WE DID LAST YEAR IN THE ELECTIONS THAT

                    WERE HELD LAST YEAR, PRIMARY AND GENERAL, TO MAKE ACCOMMODATION

                    DESPITE THE CONSTITUTIONAL PROVISION THAT WE'RE IN A SITUATION, WE'RE

                    GOING TO LET PEOPLE VOTE AND AS A RIGHT, VOTE IF THEY HAVE THIS CONCERN.

                                 SO I VOTE AYE.  THIS IS A -- A -- A -- A SIMPLE BILL BUT A

                    VERY IMPORTANT BILL TO PROTECT THE HEALTH OF OUR CITIZENS AND THE RIGHT TO

                                         53



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    VOTE WITHOUT INHIBITION.  THANK YOU, MR. SPEAKER, AND THANK YOU, MR.

                    BRONSON.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR. OTIS.

                                 MR. MONTESANO.

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

                    EXPLAIN MY VOTE.  FIRST, I WANT TO THANK THE SPONSOR FOR THIS THOUGHTFUL

                    PIECE OF LEGISLATION THAT'S VERY NECESSARY AT THIS TIME.  IT WAS JUST

                    POINTED OUT, WE'RE IN THE MIDDLE OF AN EMERGENCY, A PANDEMIC, AND I

                    BELIEVE -- IT'S MY UNDERSTANDING THAT AS THE GOVERNOR HAS ISSUED ORDERS

                    IN THE PAST, THERE'S CERTAIN EXCEPTIONS TO OUR CONSTITUTIONAL OBLIGATIONS

                    IN THE CASE OF AN EMERGENCY, ALBEIT ALSO THAT SCHOOL BOARD VOTING AND

                    BUDGET VOTING COMES UNDER THE EDUCATION LAW AND NOT UNDER THE

                    ELECTION LAW, SO IT'S A WHOLE DIFFERENT STANDARD.

                                 NOW AS WE TALK ABOUT PEOPLE HAVING VACCINATIONS AND

                    NOT VACCINATED, I KNOW FOR A FACT IN MY COMMUNITY AND OUTSIDE MY

                    COMMUNITY, THERE'S TWO HOSPITALS THAT HAVE MAJOR ADMISSION OF

                    PATIENTS WITH COVID WHO HAVE ALREADY BEEN VACCINATED THE TWO TIMES

                    AND ONE MONTH LATER, THEY'RE DOWN WITH COVID AND THEY'RE

                    HOSPITALIZED.  WHILE THE ILLNESS HASN'T HIT THEM AS HARD AS IT MAY HAVE,

                    THEY'RE STILL SICK.  THERE'S ONE IN THE LOCAL -- I BELIEVE IN THE POST OR THE

                    NEWSDAY TODAY OF A WOMAN WHO WORKS IN A SCHOOL, VACCINATED A

                    MONTH AGO, WENT TO A MEETING AND CAME INTO CONTACT WITH PEOPLE AND

                    SHE CONTRACTED COVID AND SHE'S BACK IN THE HOSPITAL.

                                 SO WHILE WE THINK WE'RE SAFE WITH THESE VACCINATIONS,

                    IT DOESN'T ALWAYS STOP YOU FROM GETTING THE -- THE VIRUS.  YOU KNOW, IT

                                         54



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    MINIMIZES SOME OF THE CAUSES THAT YOU MAY GET, YOU KNOW, FROM IT, BUT

                    I THINK THIS IS A TIMELY PIECE OF LEGISLATION.  I BELIEVE IT'S NECESSARY,

                    ESPECIALLY IN A LOT OF OUR SCHOOL BOARD VOTINGS AND BUDGET.  I KNOW IN

                    MY DISTRICT HERE, MY COMMUNITY, THE SENIOR CITIZENS ARE A BIG

                    POPULATION THAT COME OUT, AND I KNOW THEY'RE VERY APPREHENSIVE TO

                    GATHER IN THESE PLACES TO TAKE PART, YOU KNOW, IN THE SCHOOL BOARD

                    VOTING.  SO THANK YOU, AND I'LL BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. MONTESANO IN THE

                    AFFIRMATIVE.

                                 MS. GLICK.

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

                    ME TO EXPLAIN MY VOTE.  I THINK THAT THE RIGHT TO VOTE IS REALLY THE

                    BEDROCK OF DEMOCRACY AND WHETHER IT IS A LOCAL RACE, A SCHOOL BOARD

                    RACE, OR OUR OWN ELECTIONS WHICH -- DURING WHICH WE -- WE ALLOWED

                    PEOPLE TO VOTE ABSENTEE.  THIS IS NOT OVER.  IT MIGHT BE OVER HAD WE

                    MOVED MORE EXPEDITIOUSLY AND IF EVERYONE WOULD ACTUALLY WEAR A

                    MASK, BUT WE KNOW THAT THERE ARE LOTS OF PEOPLE WHO, FOR WHATEVER

                    REASON, REFUSE TO REMAIN MASKED; EVEN IN OUR OWN HALLS THAT IS TRUE.

                    AND SO INFECTIONS ARE ON THE RISE, HOSPITALIZATIONS IN SOME INSTANCES

                    ARE ON THE RISE, ESPECIALLY AMONG YOUNG PEOPLE, AND IT IS INEXCUSABLE

                    FOR US NOT TO ACT TO PROTECT PEOPLE'S RIGHT TO VOTE BY ALLOWING THEM TO

                    PROTECT THEIR OWN HEALTH AND SAFETY, AND THE HEALTH AND SAFETY OF THEIR

                    FAMILY MEMBERS.  I FIND IT PERPLEXING.  RECENT POLLS SHOWED THAT 49

                    PERCENT OF REPUBLICAN MEN SAID THEY WOULDN'T EVEN GET VACCINATED.  I

                    DON'T KNOW IF THAT HOLDS TRUE FOR NEW YORK STATE WHERE WE TEND TO BE

                                         55



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    MORE SANE, BUT IT IS CONCERNING WHEN YOU HAVE LARGE NUMBERS OF

                    PEOPLE WHO WON'T EVEN AGREE TO BE VACCINATED.

                                 SO I COMMEND THE SPONSOR AND WITHDRAW MY REQUEST

                    AND VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. GLICK IN THE

                    AFFIRMATIVE.

                                 MS. WALSH.

                                 MS. WALSH:  THANK YOU, MR. SPEAKER.  TO EXPLAIN

                    MY VOTE.  SO I -- I DO SUPPORT THIS BILL.  I SUPPORTED IT IN COMMITTEE,

                    I'M GOING TO SUPPORT IT HERE ON THE FLOOR.  IT SUNSETS JANUARY 1ST, 2022.

                    I WILL SAY THAT IF THERE'S A BILL AFTER THAT TO FURTHER EXTEND IT, I MIGHT NOT

                    BE SO INCLINED.  I JUST THINK THAT -- I'M TROUBLED BY THE DEFINITION OF

                    ILLNESS BEING VERY BROAD IN THIS BILL, BUT I'M STILL GOING TO SUPPORT IT

                    BECAUSE I DO THINK THAT, YOU KNOW, EVEN WITHOUT A PANDEMIC THE

                    SCHOOLS HAVE A DIFFICULT TIME GETTING ENOUGH PEOPLE TO COME OUT AND

                    VOTE AT BUDGET TIME ANYWAY.

                                 AND IT WAS INTERESTING, I WAS READING AN ARTICLE FROM

                    DEMOCRAT AND CHRONICLE THAT SAID THAT TURNOUT HAS PLUMMETED 37

                    PERCENT AT SCHOOL BOARD ELECTIONS SINCE AROUND 2012, AND I THINK THAT

                    THERE'S JUST GENERALLY BEEN AN EROSION OF A SENSE OF CIVIC RESPONSIBILITY

                    TO GET OUT AND VOTE.  THAT'S TROUBLING, TOO, BUT I THINK THAT, YOU KNOW, I

                    THINK IT'S WORTH SUPPORTING THIS BILL AT THIS TIME.  I JUST THINK THAT AT

                    SOME POINT, WE'RE GOING TO HAVE TO DRAW THE LINE AND SAY, YOU KNOW,

                    FEAR OF ILLNESS IS -- IS NOT GOING TO BE ENOUGH TO CHANGE OUR SYSTEM

                    UNLESS, AS ONE OF MY COLLEAGUES SAID, WE WANT TO GO AHEAD AND, YOU

                                         56



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    KNOW, CHANGE -- CHANGE THE BROADER SENSE OF WHAT OUR GOALS ARE.

                                 SO I'LL SUPPORT THIS BILL, BUT I THINK THAT JANUARY 1ST,

                    2022 IS A GREAT SUNSET DATE AND I HOPE WE DON'T HAVE TO GO BEYOND IT.

                    THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. WALSH IN THE

                    AFFIRMATIVE.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  IN A TIME WHERE, YOU KNOW, THE MOST RECENT ELECTION THAT WE

                    HAD, MORE PEOPLE VOTED THAN EVER BEFORE.  AND I THINK THAT THAT'S REALLY

                    POWERFUL AND IT'S POWERFUL ENOUGH TO WANT TO ADD EVERY ADVANTAGE,

                    PARTICULARLY TO A SCHOOL BOARD RACE BECAUSE IN THOSE RACES, YOU DON'T

                    SEE EVERYBODY VOTING THAT REALLY SHOULD.  AND SO I WANT TO COMMEND

                    THE SPONSOR OF THIS LEGISLATION BECAUSE I THINK ANYTHING YOU CAN DO TO

                    REMOVE A BARRIER TO ENCOURAGE PEOPLE TO GET TO THE POLLS, IN PARTICULARLY

                    FOR A SCHOOL BOARD ELECTION, IS A GOOD THING.

                                 AND SO AGAIN, NOW MORE THAN EVER WE SHOULD BE

                    TRYING TO DO WHATEVER WE CAN TO ENCOURAGE PEOPLE TO USE THE POWER

                    THAT THEY HAVE.  I KNOW ACROSS THE COUNTRY AND SOME OTHER PLACES

                    PEOPLE ARE DOING WHATEVER THEY CAN TO REMOVE THAT RIGHT OR TO SUPPRESS

                    THAT RIGHT.  I AM ECSTATIC TO BE A NEW YORKER WHERE WE ARE NOT GOING TO

                    SUPPRESS PEOPLE'S VOTES, BUT WE'RE GOING TO ADD VALUE TO THEIR

                    OPPORTUNITY TO GET TO THE POLLS AND CAST THE VOTE.  SO I WANT TO

                    COMMEND THE SPONSOR AND I'M GRATEFULLY VOTING IN THE POSITIVE FOR THIS.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES

                                         57



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    IN THE AFFIRMATIVE.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  CONTRARY TO MY

                    PRIOR ANNOUNCEMENT, THE MAJORITY OF THE REPUBLICAN CONFERENCE

                    SUPPORTS THIS LEGISLATION --

                                 (LAUGHTER)

                                 -- INCLUDING, SPECIFICALLY:  MR. ASHBY, LEADER

                    BARCLAY, MR. BLANKENBUSH, MR. DESTEFANO, MR. GALLAHAN, MS. GIGLIO,

                    MR. GIGLIO, MR. HAWLEY, MR. JENSEN, MR. LAWLER, MR. MIKULIN, MR.

                    MILLER, MRS. MILLER, MR. MONTESANO, MR. MORINELLO.

                                 (PHONE RINGING)

                                 THAT'S ANOTHER POSITIVE VOTE.

                                 (LAUGHTER)

                                 I FORGET WHERE I LEFT OFF:  MR. NORRIS, MR. PALMESANO,

                    MR. RA, MR. REILLY, MR. SALKA, MR. SCHMITT, MR. SIMPSON, MR. SMITH,

                    MR. TAGUE WHO JUST CHANGED HIS VOTE, MR. TANNOUSIS, MS. WALSH, AND

                    MR. MCDONOUGH I THINK.  AND MR. FITZPATRICK.

                                 (LAUGHTER)

                                 SO THE FOUR OF US WHO ARE NOT SUPPORTING THIS, THANK

                    YOU, SIR.

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  ARE THERE ANY OTHER

                    VOTES?  YOU STILL HAVE A CHANCE.

                                 (LAUGHTER)

                                 ANNOUNCE THE RESULTS.

                                         58



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 RULES REPORT NO. 49, PAGE 4.


                                 THE CLERK:  ASSEMBLY NO. A06711, RULES REPORT

                    NO. 49, LAWLER, SAYEGH.  AN ACT IN RELATION TO PERMITTING THE SUFFERN

                    CENTRAL SCHOOL DISTRICT TO MOVE THE DATE OF THEIR ANNUAL MEETING AND

                    ELECTION FOR THE 2021 YEAR SO THAT IT DOES NOT CONFLICT WITH RELIGIOUS

                    OBSERVANCES; AND PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON

                    EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  ON A MOTION BY MR.

                    LAWLER, 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 5943.  THIS IS A PARTY VOTE.  WE'VE GOT TWO

                    PARTIES HERE.  WELL, THERE ARE TWO PARTIES.

                                 (LAUGHTER)

                                 THIS IS A FAST ROLL CALL --

                                 MR. GOODELL:  YEAH, THIS IS A PARTY VOTE.  WE'RE

                    ALL GOING TO HAVE A PARTY AFTER THIS VOTE, AND WE'RE ALL UP ON IT, I HOPE.

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  THAT'S WHY WE HAVE

                    TWO PARTIES.

                                 THIS IS A FAST ROLL CALL.  ANY MEMBER WHO WISHES TO BE

                    RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE MAJORITY OR

                                         59



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. LAWLER TO EXPLAIN HIS VOTE.

                                 MR. LAWLER:  THANK YOU, MR. SPEAKER.  I WAS -- I

                    CAME PREPARED TODAY FOR A RIGOROUS DEBATE, BUT I APPRECIATE THE FAST

                    ROLL CALL VOTE.  THIS BILL IS NECESSARY BECAUSE THE SUFFERN SCHOOL

                    DISTRICT FAILED TO MEET THE MARCH 1ST DEADLINE TO CHANGE ITS ELECTION

                    FROM THE THIRD TUESDAY IN MAY TO THE SECOND TUESDAY IN MAY IN ORDER

                    TO AVOID A CONFLICT WITH A RELIGIOUS OBSERVANCE.

                                 SO I THANK MY COLLEAGUE IN THE SENATE, SENATOR

                    REICHLIN-MELNICK, FOR HELPING CARRY THIS BILL FORWARD.  I ALSO WANT TO

                    THANK LEADER BARCLAY AND THE GREAT STAFF AT 933, ESPECIALLY JUDY SKYPE

                    AND JASON KEHOE.  I WANT TO THANK OUR FLOOR LEADER, ANDY GOODELL,

                    AND MARY BETH WALSH, AS WELL AS MICHELLE PELLEGRI FOR HELPING

                    SHEPHERD THIS BILL THROUGH.  AND I WANT TO THANK THE SPEAKER AND THE

                    MAJORITY LEADER AND THEIR STAFF ON THE MAJORITY SIDE FOR HELPING MOVE

                    THIS BILL FORWARD AS QUICKLY AS POSSIBLE, AS WELL AS CHAIRMAN BENEDETTO

                    IN THE EDUCATION COMMITTEE FOR MOVING IT ALONG.  FINALLY I WANT TO

                    THANK MY STAFF FOR THEIR HARD WORK IN GETTING THIS BILL PASSED HERE

                    TODAY, AND I WILL BE VOTING IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. LAWLER IN THE

                    AFFIRMATIVE.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                         60



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MR. LAWLER, CONGRATULATIONS, YOUR FIRST BILL.

                                 (APPLAUSE)

                                 ON THE 31ST OF MARCH.

                                 (APPLAUSE)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, I NOW

                    MOVE THAT THE ASSEMBLY STAND AT RECESS AND THAT WE RECONVENE AT THE

                    CALL OF THE SPEAKER.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY STANDS

                    AT RECESS.

                                 (WHEREUPON, AT 6:19 P.M., THE ASSEMBLY STOOD AT

                    RECESS.)

                                              *     *     *     *     *

                    A F T E R     T H E     R E C E S S                                 10:15 P.M.

                                 ACTING SPEAKER HYNDMAN:  THE HOUSE WILL

                    COME BACK TO ORDER.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MADAM SPEAKER,

                    COLLEAGUES HAVE ON THEIR DESK A ONE-BILL A-CALENDAR.  I NOW MOVE TO

                    ADVANCE THAT A-CALENDAR.

                                 ACTING SPEAKER HYNDMAN:  ON MRS.

                    PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MADAM

                    SPEAKER.  WE WILL NOW TAKE UP THAT A-CALENDAR DIRECTLY.

                                         61



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 ACTING SPEAKER HYNDMAN:  THE CLERK WILL

                    READ.


                                 THE CLERK:  ASSEMBLY NO. A03002-B, RULES

                    REPORT NO. 50, BUDGET BILL.  AN ACT MAKING APPROPRIATIONS FOR THE

                    LEGAL REQUIREMENTS OF THE STATE DEBT SERVICE AND LEASE PURCHASE

                    PAYMENTS AND OTHER SPECIAL CONTRACTUAL OBLIGATIONS.

                                 ACTING SPEAKER HYNDMAN:  ON A MOTION BY

                    MS. WEINSTEIN, THE SENATE BILL IS BEFORE THE HOUSE.  THE SENATE BILL IS

                    ADVANCED.  GOVERNOR'S MESSAGE IS AT THE DESK, THE CLERK WILL READ.

                                 THE CLERK:  I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

                    ANDREW M. CUOMO, GOVERNOR.

                                 ACTING SPEAKER HYNDMAN:  MS. WEINSTEIN,

                    AN EXPLANATION HAS BEEN REQUESTED.

                                 MS. WEINSTEIN:  YES, MADAM SPEAKER.  THE BILL

                    THAT IS BEFORE US TODAY PROVIDES FOR $16.41 BILLION IN APPROPRIATIONS TO

                    SUPPORT DEBT SERVICE PAYMENTS OF $7.1 BILLION.  DEBT SERVICE PAYMENTS

                    IN THIS BILL ARE ESTIMATED TO DECREASE BY $4.8 BILLION FROM THE 2021

                    YEAR AND WILL REMAIN IN COMPLIANCE WITH THE LIMITATIONS SET FORTH BY

                    THE DEBT REFORM ACT OF 2000.  AS I THINK MY COLLEAGUES KNOW, THIS

                    BILL IS NECESSARY FOR THE STATE TO MAKE LEGALLY REQUIRED DEBT SERVICE

                    PAYMENTS ON OUTSTANDING BONDS AND NEW STATE SUPPORTED ISSUANCES.

                    BOND SERVICE PAYS THE STATE'S GENERAL OBLIGATION BONDS, LEASE PURCHASE

                    AGREEMENTS, SPECIAL CONTRACTUAL PAYMENTS AND REVENUE BOND FINANCING

                    AGREEMENTS.  DEBT SERVICE WILL REMAIN UNDER THE DEBT CAP FOR THE STATE

                    SUPPORTED BOND PAYMENTS OF PRINCIPAL INTEREST AND OTHER RELATED

                                         62



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    EXPENSES.  DEBT SERVICE PAYMENTS SUPPORT $67.8 BILLION IN OUTSTANDING

                    DEBT AND STATE DEBT, SUPPORTS TRANSPORTATION, PUBLIC PROTECTION,

                    INFRASTRUCTURE, SUNY, CUNY, AND OTHER EDUCATIONAL FACILITIES,

                    ECONOMIC DEVELOPMENT PROJECTS, AS WELL AS HOUSING AND PARKS

                    INITIATIVES.  SO I'D BE HAPPY TO RESPOND TO ANY QUESTIONS THAT OUR

                    COLLEAGUES -- MR. RA HAS.

                                 ACTING SPEAKER HYNDMAN:  MR. RA.

                                 MR. RA:  THANK YOU, MADAM SPEAKER.  WILL

                    CHAIRWOMAN WEINSTEIN YIELD, PLEASE?

                                 MS. WEINSTEIN:  YES, I'M HAPPY TO YIELD.

                                 MR. RA:  THANK YOU.  SO I THINK DESPITE, YOU KNOW,

                    THE HOUR AND UNCERTAINTY, I THINK WE'RE HAPPY TO BE TAKING UP THIS BILL

                    BECAUSE IT MEANS THE PROCESS IS MOVING ALONG.  AND IT LOOKED LIKE

                    PERHAPS WE WOULDN'T CONTINUE THE TRADITION OF THIS BEING PART OF THAT

                    FIRST STEP, BUT WE'RE DOING SO WHICH IS GREAT.  SO I JUST WANTED TO ASK A

                    FEW QUESTIONS FOR THE RECORD STARTING WITH JUST THE GENERAL TOP LINE

                    NUMBER:  HOW MUCH DOES THIS BILL APPROPRIATE?

                                 MS. WEINSTEIN:  YOU KNOW, SO I THINK I JUST SAID,

                    RIGHT, THAT IT'S $16.41 BILLION IN APPROPRIATIONS TO SUPPORT THE CASH

                    PAYMENTS OF $7.1 BILLION.

                                 MR. RA:  OKAY.  THANK YOU.  AND ONE THING THAT I

                    THINK WE SEE HERE, AS WE HAD LAST YEAR, THE APPROPRIATION IS LARGER THAN

                    -- THAN MAYBE WE'RE USED TO IN THIS BILL, AND PART OF THAT IS THAT, YOU

                    KNOW, LAST YEAR WE APPROVED $11 BILLION IN SHORT-TERM BORROWING.  I

                    KNOW THE GOVERNOR REQUESTED TO DO THAT AGAIN THIS YEAR.  THAT NUMBER

                                         63



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    SEEMS TO HAVE BEEN NEGOTIATED DOWN TO AN AGREED UPON $5 BILLION

                    NUMBER.

                                 MS. WEINSTEIN:  CORRECT.

                                 MR. RA:  NOW I KNOW THAT, YOU KNOW, SINCE THE

                    EXECUTIVE BUDGET PROPOSAL WAS INITIALLY MADE, WE'VE -- WE'VE HAD THE

                    REVISIONS TO OUR TAX RECEIPTS, WE'VE GOTTEN THE CERTAINTY FROM THE

                    FEDERAL GOVERNMENT IN THE $12.6 BILLION COMING, AND RECENTLY THE

                    BUDGET DIRECTOR SAID THAT WE HAD ENOUGH MONEY WITH THOSE TAX

                    RECEIPTS AND THE FEDERAL AID THAT WE COULD RESTORE ALL OF THE REDUCTIONS

                    IN THE EXECUTIVE BUDGET PROPOSAL.  SO MY QUESTION IS WHAT IS THE

                    NECESSITY TO CONTINUE TO ALLOW FOR THIS SHORT-TERM DEBT ISSUANCE?

                                 MS. WEINSTEIN:  THE SHORT-TERM DEBT IS JUST THERE

                    IN CASE THINGS CHANGE.  WE DON'T -- YOU KNOW, HOPEFULLY WE'RE ON A

                    GOOD TRACK WITH CONTROLLING THE COVID-19 IN OUR STATE, BUT WE DON'T

                    KNOW THE TRAJECTORY THAT IT WILL TAKE SO THIS IS JUST AN APPROPRIATE -- DRY

                    APPROPRIATION THAT'S THERE IN CASE IT'S NEEDED LATER IN THE YEAR.  AS YOU

                    NOTED, WE'VE REDUCED THE PIT NOTES FROM THE $8 BILLION THE EXECUTIVE

                    ASKED FOR DOWN TO $3 BILLION, AND THE LINE OF CREDIT FROM $3 BILLION TO

                    $2 BILLION.  SO WE GREATLY REDUCED THE ABILITY TO HAVE THIS SHORT-TERM

                    BORROWING, BUT WE'RE HAVING IT, BUT WE NEED IT THERE JUST IN CASE.

                                 MR. RA:  ALL RIGHT.

                                 MS. WEINSTEIN:  SO THAT'S REALLY THE ANSWER.  WE

                    DON'T -- WE DON'T ANTICIPATE THAT BEING USED, BUT THINGS CAN CHANGE SO

                    IT'S BETTER TO HAVE IT THERE THAN NOT.

                                 MR. RA:  OKAY, THANK YOU.  SO IS IT ANTICIPATED THAT

                                         64



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    ALL OF THIS SHORT-TERM DEBT WOULD BE ISSUED AND, IN TURN, REPAID IN

                    FINANCIAL YEAR 2022?  I KNOW THAT THE DEBT FROM THE LAST YEAR, THE

                    COMPTROLLER REPORTED EARLIER TODAY THAT ALL OF THAT DEBT HAD BEEN REPAID

                    BY THE END OF THE FISCAL YEAR.  IS IT ANTICIPATED THAT'LL BE THE SAME THING

                    WITH THIS SHORT-TERM DEBT, THAT IT'LL BE ISSUED AND REPAID WITHIN

                    FINANCIAL YEAR '22?

                                 MS. WEINSTEIN:  YOU KNOW, AT THE MOMENT WE

                    DON'T PLAN TO HAVE DEBT ISSUED, BUT I BELIEVE IF IT WOULD BE THAT, IN FACT,

                    IT WOULD BE PAID BY THE END OF THE COMING FISCAL YEAR.

                                 MR. RA:  OKAY, THANK YOU.  AND THEN ONE OF THE

                    CONDITIONS OR ISSUES LAST YEAR WITH THE $11 BILLION AND THIS YEAR WE'RE

                    DOING $5- WAS THERE WAS A PROVISION THAT ALLOWED IT TO BE CONVERTED TO

                    LONG-TERM DEBT.  NOW I ASSUME ANY SUCH CONDITION MIGHT COME IN A

                    FUTURE BUDGET BILL, BUT COULD YOU TELL US ARE NEGOTIATIONS AT THE STAGE

                    THAT THERE'S AN AGREEMENT AS TO WHETHER OR NOT THIS DEBT COULD BE

                    CONVERTIBLE TO LONG-TERM DEBT?

                                 MS. WEINSTEIN:  I DO BELIEVE IT'S STILL BEING

                    NEGOTIATED, BUT IT WOULD BE IN THE PP -- PUBLIC PROTECTION AND GENERAL

                    GOVERNMENT, ARTICLE VII FOR PUBLIC PROTECTION AND GENERAL

                    GOVERNMENT.

                                 MR. RA:  OKAY, THANK YOU.  SO ONE OF THE THINGS THAT

                    REALLY KIND OF DIFFERED BETWEEN THE EXECUTIVE BUDGET PROPOSAL AND THE

                    ONE-HOUSE, YOU KNOW, I MENTIONED EARLIER THERE ARE TAX RECEIPTS

                    COMING IN STRONGER, AS WELL AS THE FEDERAL FUNDS, IN THE UPDATED

                    FINANCIAL PLAN, THE GOVERNOR BASICALLY PROJECTED A STATE SURPLUS IN THE

                                         65



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    FISCAL YEAR '21 AND '22 AND USED SOME OF THESE FUNDS COMING IN TO

                    MAKE PREPAYMENTS ON DEBT SERVICE TO BRING DOWN THE OUT-YEAR DEFICIT.

                    IN THE ONE-HOUSE PROPOSAL ISSUED BY THE MAJORITY HERE, A LOT OF THAT

                    WAS INSTEAD UTILIZED FOR ADDITIONAL SPENDING.  HAS THERE BEEN ANY

                    AGREEMENT AMONG THE PARTIES AS TO HOW THIS ADDITIONAL TAX RECEIPTS AND

                    FEDERAL AID IS GOING TO BE USED IN THIS BUDGET?

                                 MS. WEINSTEIN:  YES.  SO LAST YEAR THERE WAS $450

                    MILLION TO PREPAYMENT, SO THE PREPAYMENT ON DEBT SERVICE FOR THE

                    '21-'22 BUDGET WILL BE $676 MILLION.

                                 MR. RA:  OKAY.  AND THE EXECUTIVE BUDGET ALSO

                    INCLUDED SEVERAL PROPOSALS THAT COULD IMPACT STATE DEBT SERVICE,

                    INCLUDING THE SMART BOND REFINANCING, SECURED HOSPITAL PROJECT BOND

                    REFINANCING, REALIGNMENTS OF THE REVENUE BOND TAX FUND, DEBT SERVICE

                    TRANSFERS FOR MENTAL HEALTH SERVICES FUND, THE DEDICATED HIGHWAY

                    BRIDGE TRUST FUND AND HCRA, THE EMPIRE STATE COMPLEX BOND

                    ISSUANCE AND THE MTA BOND ISSUANCE.  ARE WE EXPECTING ANY OF THOSE

                    PROPOSALS TO BE INCLUDED OR EXCLUDED FROM FUTURE BILL TEXT THAT WE MAY

                    SEE OVER THE NEXT COUPLE OF DAYS?

                                 MS. WEINSTEIN:  IT'S POSSIBLE WE WILL -- WE WILL

                    SEE HOW THAT IS RESOLVED OVER THERE IN THE NEAR FUTURE, BUT IT IS NOT YET

                    RESOLVED; IT'S STILL BEING DISCUSSED.

                                 MR. RA:  OKAY.  DO WE KNOW AT THIS POINT WHAT THE

                    TOTAL OUTSTANDING DEBT WILL BE PROJECTED TO BE FOR THE STATE FISCAL YEAR

                    2021-'22?  THE GOVERNOR HAD PROJECTED $67.8 BILLION IN THE EXECUTIVE

                    BUDGET PROPOSAL.

                                         66



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MS. WEINSTEIN:  WE'RE -- WE'RE BASICALLY THE SAME,

                    $67.70 BILLION.

                                 MR. RA:  OKAY.

                                 MS. WEINSTEIN:  WHICH IS $8 BILLION OVER THE PRIOR

                    YEAR.

                                 MR. RA:  AND AS YOU KNOW, WHEN IT COMES TO OUR

                    STATE DEBT, WE'VE, YOU KNOW, INCREASINGLY REALLY RELIED UPON PERSONAL

                    INCOME TAX RECEIPTS AND SALES TAX RECEIPTS TO BACK OUR BONDS, AND

                    CERTAINLY THERE'S BEEN CONCERNS THAT HAVE BEEN RAISED CERTAINLY ON OUR

                    SIDE OF THE AISLE AS WELL AS IN THE EXECUTIVE THAT TAX INCREASES AND

                    THINGS LIKE THAT COULD LEAD TO CONTINUED OUTMIGRATION, WHICH WE'VE

                    SEEN DURING THIS PANDEMIC.  IS THERE ANY CONCERN THAT WE'VE BECOME

                    TOO RELIANT ON BONDS BACKED BY OUR PERSONAL INCOME TAX RECEIPTS AND

                    SALES TAX RECEIPTS IN LIGHT OF THAT?

                                 MS. WEINSTEIN:  NO. AND AS YOU NOTED EARLIER, THE

                    -- OUR TAX RECEIPTS ARE HIGHER THAN HAD BEEN ORIGINALLY PROJECTED SO WE

                    BELIEVE THEY WILL STILL CONTINUE.

                                 MR. RA:  OKAY, THANK YOU.  I DO WANT TO, BEFORE I

                    THINK WE GET INTO THE DEBT CAP NUMBERS, BUT I ALSO WANTED TO ASK THERE

                    HAS BEEN A TOPIC OF A NEGOTIATION AND DISCUSSION ABOUT EXCLUDING DEBT

                    ISSUED FROM THE DEBT REFORM ACT WHICH -- WHICH THE GOVERNOR HAD

                    THAT PROPOSED AND DONE LAST YEAR.  IS THERE ANY AGREEMENT WITH REGARD

                    TO THAT ISSUE IN THIS BUDGET AT THIS POINT?

                                 MS. WEINSTEIN:  NOT AT THIS POINT.

                                 MR. RA:  OKAY, THANK YOU.  SO IN TERMS OF THE DEBT

                                         67



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    CAP, HOW MUCH DO WE HAVE REMAINING UNDER THE DEBT OUTSTANDING CAP

                    FOR FISCAL YEAR 2022?

                                 MS. WEINSTEIN:  SO THE REMAINING UNDER THE DEBT

                    CAP WOULD BE THE $15.4 BILLION.

                                 MR. RA:  OKAY, THANK YOU.  AND IN WHAT YEAR DOES

                    THE DEBT OUTSTANDING CAP REACH ITS LOWEST CAPACITY, AND WHAT'S THAT

                    NUMBER?

                                 MS. WEINSTEIN:  SO I HAVE NUMBERS THROUGH THE

                    FISCAL YEAR '25-'26 AND IT GOES DOWN TO $5.8 BILLION.

                                 MR. RA:  OKAY.  AND HOW MUCH ROOM IS UNDER THE

                    DEBT SERVICE CAP FOR FISCAL YEAR 2022?

                                 MS. WEINSTEIN:  $4.17- -- OR $4.7-.

                                 MR. RA:  $4.7 BILLION, CORRECT?

                                 MS. WEINSTEIN:  $4.706- TO BE EXACT, YES.

                                 MR. RA:  OKAY.  THANK YOU VERY MUCH.

                                 MADAM SPEAKER, ON THE BILL.

                                 ACTING SPEAKER HYNDMAN:  ON THE BILL.

                                 MR. RA:  AND THANK YOU TO CHAIR WEINSTEIN FOR --

                    FOR ANSWERING THOSE QUESTIONS.  I JUST WANT TO QUICKLY STATE WITH REGARD

                    TO THIS BILL, YOU KNOW, IT'S THE FIRST BUDGET BILL WE'RE DOING.  DEBT IS

                    CERTAINLY A TOPIC OF CONCERN, PAYING OUR DEBT IS CERTAINLY IMPORTANT, BUT

                    THERE ARE SOME ITEMS OF CONCERN IN THIS PARTICULAR BILL.  I MENTIONED

                    EARLIER, YOU KNOW, THE PROPOSAL THAT WE SAW LAST YEAR AND THE GOVERNOR

                    PUT FORWARD THIS YEAR REGARDING EXCLUDING DEBT FROM THE DEBT REFORM

                    ACT, AND THAT WAS SOMETHING THAT WAS DONE TO TRY TO GET OUR STATE DEBT

                                         68



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    OVER CONTROL -- UNDER CONTROL.  IT'S BEEN ESTIMATED BY OUR STATE

                    COMPTROLLER THAT WE ARE ONLY SECOND IN THE NATION IN TERMS OF THE DEBT

                    WE HAVE, ONLY TO CALIFORNIA.  AND I WOULD URGE THE PARTIES THAT AS WE

                    CONCLUDE NEGOTIATION THAT WE DO NOT EXCLUDE DEBT FROM THE DEBT

                    REFORM ACT BECAUSE, REALLY, IT JUST PUTS US IN A MORE PRECARIOUS

                    SITUATION WITH OUR DEBT GOING FORWARD.

                                 ONE OF THE OTHER TOPICS THAT I KNOW COMES UP OFTEN

                    WHEN WE TALK ABOUT OUR STATE DEBT, WE HAVE PROVISIONS THAT REQUIRE

                    DEBT TO GO OUT TO THE VOTERS FOR APPROVAL, AND THAT'S FOR GOOD REASON.

                    THEY'RE GOING TO SHOULDER THE BURDEN OF THAT, THEIR CHILDREN, THEIR

                    GRANDCHILDREN, THEIR GREAT-GRANDCHILDREN ARE GOING TO SHOULDER THE

                    BURDEN OF THAT AND, UNFORTUNATELY, A VERY SMALL PERCENTAGE OF THAT DOES

                    THAT ACTUALLY HAPPEN.  AND WE RELY ON THINGS LIKE BACK-DOOR BORROWING

                    THROUGH -- THROUGH PUBLIC AUTHORITIES AND WHEN YOU LOOK AT OUR TOTAL

                    DEBT, NOT JUST OUR STATE-ISSUED DEBT, BUT THROUGH THE PUBLIC AUTHORITIES,

                    IT'S MANY TIMES OVER WHAT -- WHAT IT SHOWS ON PAPER JUST IN TERMS OF

                    THE STATE-ISSUED DEBT.

                                 SO I HOPE THAT THIS IS A TOPIC THAT AS NEGOTIATIONS

                    CONCLUDE, WE'RE PAYING ATTENTION TO, WE'RE TAKING ADVANTAGE HOPEFULLY

                    OF A SITUATION THAT WE ARE CURRENTLY IN WHERE WE FORTUNATELY HAVE

                    GOTTEN THE HELP FROM THE FEDERAL GOVERNMENT THAT WE NEEDED.  WE

                    HAVE THANKFULLY HAD UPWARD REVISIONS WITH REGARD TO OUR OWN TAX

                    SITUATION, AND I THINK THE APPROACH OF PERHAPS TRYING TO PAY DOWN SOME

                    OF THAT DEBT, TRYING TO MAKE SURE THAT AS WE GET INTO THE OUT-YEARS WE'RE

                    IN A MUCH BETTER POSITION AS OPPOSED TO THE DEFICITS THAT WE MAY HAVE

                                         69



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    BEEN LOOKING AT WHEN THE EXECUTIVE FIRST PROPOSED THIS BUDGET BACK IN

                    JANUARY, THAT WE KEEP THAT IN MIND.  AND I HOPE THAT AS WE CONCLUDE

                    THESE NEGOTIATIONS, WE REALIZE THAT, YOU KNOW, YES AS A STATE WE TRY TO

                    MEET SO MANY DIFFERENT NEEDS AND THE NEEDS ARE, PERHAPS, GREATER THAN

                    EVER DURING THIS PANDEMIC, BUT WE HAVE AN OPPORTUNITY THAT WE CAN

                    MEET THOSE NEEDS BUT PUT OURSELVES ON SOUND FINANCIAL FOOTING GOING

                    FORWARD.

                                 SO -- SO I HOPE WE KEEP THAT IN MIND AS WE GO THROUGH

                    THIS BUDGET.  WE THINK ABOUT THE IMPLICATIONS OF TAX INCREASES THAT

                    COULD CAUSE FURTHER OUTMIGRATION, THAT COULD DAMAGE THOSE TAX RECEIPTS

                    INTO THE FUTURE, AND THAT WE REALLY, REALLY TAKE A HARD LOOK THAT WE DO

                    WHAT WE NEED TO DO TO RESPOND TO THE PANDEMIC, BUT WE MAKE SURE WE

                    PUT NEW YORK ON THE BEST PATH FORWARD SO THAT A YEAR FROM NOW, TWO

                    YEARS FROM NOW, THREE YEARS FROM NOW AS WE'RE LOOKING AT THESE

                    NUMBERS IN OUR BUDGET, WE'RE NOT IN A POSITION THAT WE HAVE TO

                    CONTINUE TO RAISE MORE TAXES, TO ISSUE MORE DEBT TO CONTINUE TO MEET

                    THOSE NEEDS.

                                 THANK YOU, MADAM SPEAKER.

                                 ACTING SPEAKER HYNDMAN:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MADAM SPEAKER.

                    WOULD THE SPONSOR YIELD?

                                 ACTING SPEAKER HYNDMAN:  WILL MS.

                    WEINSTEIN YIELD?

                                 MS. WEINSTEIN:  YES, HAPPY TO.

                                 ACTING SPEAKER HYNDMAN:  SHE YIELDS.

                                         70



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MR. GOODELL:  THANK YOU VERY MUCH.  AS YOU

                    MENTIONED EARLIER AND AS MY COLLEAGUE MENTIONED, THE ENTIRE FISCAL

                    IMPACT OF THIS BILL IS PROJECTED AT $16.4 BILLION; IS THAT CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  AND OUR CURRENT ESTIMATED DEBT IS

                    $59.9 BILLION BUT IS PROJECTED TO INCREASE TO $67.8 BILLION; IS THAT

                    CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  SO DOES THIS BILL INCLUDE DEBT

                    PAYMENTS ON $8 BILLION THAT WE HAVE NOT YET AUTHORIZED IN BORROWING?

                                 (PAUSE)

                                 MS. WEINSTEIN:  SO WE -- SOME OF IT IS FOR PRIOR

                    YEAR AND SOME OF IT IS FOR NEW DEBT THAT'S GOING TO BE ISSUED.

                                 MR. GOODELL:  AND SO THE PRIOR YEAR DEBT IS

                    ROUGHLY $60 BILLION AND THERE'S ANOTHER ALMOST $8 BILLION THAT WE

                    ANTICIPATE, RIGHT $7.9 BILLION THAT'S GOING TO BE ADDED UNDER OUR

                    PROJECTIONS, CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  AND THE $7.9 BILLION, THE DEBT

                    PAYMENT ON THAT IS INCLUDED IN THIS BILL THEN?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  SO WE'RE BEING ASKED TO APPROVE

                    DEBT PAYMENTS ON DEBT WE HAVE NOT YET AUTHORIZED, CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  NOW I SEE THAT THE AMOUNT OF

                                         71



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    PROJECTED INCOME TAX BASED ON THE AMAZING DOCUMENT, THE ECONOMIC

                    AND REVENUE REPORT THAT WAS PUT TOGETHER UNDER YOUR LEADERSHIP.  AM

                    I CORRECT THAT WE ARE PROJECTING PERSONAL INCOME TAX REVENUES IN THE

                    AMOUNT OF $54.3 BILLION NEXT YEAR?  I WAS REFERENCING THE CHART ON

                    PAGE 153 OF THAT REPORT.

                                 MS. WEINSTEIN:  I BELIEVE THAT YOU ARE CORRECT, I'M

                    JUST LOOKING AT...

                                 (PAUSE)

                                 YES.  I MEAN, I'M LOOKING AT THE SAME PAGE YOU'RE

                    LOOKING AT NOW.

                                 MR. GOODELL:  OKAY, I THANK YOU FOR THAT.  SO TO

                    PUT THIS IN PERSPECTIVE, THE $16.4 BILLION THAT WE'RE BEING ASKED TO

                    APPROVE TONIGHT ON DEBT PAYMENTS IS EQUAL TO ABOUT JUST OVER 30

                    PERCENT OF OUR ENTIRE PERSONAL INCOME TAX REVENUES THAT ARE PROJECTED

                    FOR NEXT YEAR, RIGHT, 30.2 PERCENT?

                                 MS. WEINSTEIN:  YOU KNOW, I THINK YOU'RE MIXING

                    UP THE APPROPRIATION WITH THE ACTUAL SPENDING.

                                 MR. GOODELL:  THAT'S TRUE, I AM LOOKING AT THE

                    APPROPRIATION.  WE'RE BEING ASKED TO APPROPRIATE $16.4 BILLION, RIGHT?

                                 MS. WEINSTEIN:  DEBT SERVICE PAYMENT, THE CASH IS

                    $7.1-.

                                 MR. GOODELL:  BUT THIS BILL APPROPRIATES $16.4-

                    RIGHT?

                                 MS. WEINSTEIN:  YES, IT DOES.

                                 MR. GOODELL:  AND THAT $16.4 BILLION IS EQUAL TO

                                         72



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    30.2 PERCENT OF OUR ENTIRE PROJECTED INCOME TAX REVENUES, RIGHT?  I

                    MEAN, IT'S SIMPLE MATH, 16.4 DIVIDED BY 54.3 IS 30.2 PERCENT.

                                 MS. WEINSTEIN:  RIGHT, BUT YOU'RE MIXING ACTUAL

                    ANTICIPATED REVENUES WITH A NUMBER THAT'S REALLY JUST A DRY NUMBER; IT

                    DOESN'T HAVE CASH BEHIND IT.

                                 MR. GOODELL:  YES; IN FACT, A LOT OF THIS LEGISLATION

                    I FIND VERY DRY, BUT I THINK THAT'S A DIFFERENT SUBJECT.  SO YOU'RE SAYING

                    THE REAL NUMBER IS CLOSER TO $7 BILLION?

                                 MS. WEINSTEIN:  $7.1-, YES.

                                 MR. GOODELL:  $7.1-, WHICH IS ABOUT 14 OR 15

                    PERCENT OF OUR TOTAL PERSONAL INCOME TAX THEN, RIGHT?

                                 MS. WEINSTEIN:  I'LL TAKE YOUR MATH.  WITHOUT

                    BEING ABLE TO DO SOME QUICK CALCULATIONS, I'LL -- I'LL ACCEPT YOUR -- YOUR

                    PERCENTAGES.

                                 MR. GOODELL:  I THINK YOU MENTIONED EARLIER THAT

                    OF THE PROJECTED $67.8 BILLION IN DEBT, ONLY $2.7 BILLION HAS BEEN

                    APPROVED BY THE TAXPAYERS, CORRECT?

                                 MS. WEINSTEIN:  YES.

                                 MR. GOODELL:  SO JUST TO PUT THAT IN PERSPECTIVE, IF

                    WE ONLY BORROWED THE MONEY THAT WAS AUTHORIZED BY THE TAXPAYERS

                    INSTEAD OF SPENDING $7.1- OR $7.2 BILLION THIS YEAR AND APPROPRIATING

                    $16.4- TO COVER CONTINGENCIES, WE COULD HAVE HAD A 15 PERCENT CUT IN

                    INCOME TAX, RIGHT?

                                 MS. WEINSTEIN:  WELL, AS YOU KNOW, AND I BELIEVE

                    MR. RA STOLE SOME OF YOUR -- YOUR POINTS THAT YOU NORMALLY MAKE ON

                                         73



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    THIS ISSUE, THE CONSTITUTIONALITY OF THE WAY THAT WE HAVE DEBT WITHOUT

                    HAVING TO GO IS -- IS ENACTED WITHOUT HAVING TO GO TO THE VOTERS IS

                    CONSTITUTIONAL AND IT ALLOWS US TO MOVE FORWARD IN THIS LIMITED AMOUNT

                    THAT ARE -- HAVE GONE TO THE VOTERS.

                                 MR. GOODELL:  SO BY UTILIZING BACK-DOOR

                    BORROWING, A METHOD THAT'S NOT ACKNOWLEDGED IN THE CONSTITUTION AND

                    CIRCUMVENTING, CERTAINLY, THE INTENT OF THE CONSTITUTION, THAT ENABLES US

                    THEN TO BORROW A PROJECTED $67.8 BILLION, WHICH LOOKS LIKE IT'S $13

                    BILLION MORE THAN OUR ANNUAL INCOME TAX REVENUE; IS THAT CORRECT?

                                 MS. WEINSTEIN:  FIRST OF ALL, I WOULD NOT

                    CHARACTERIZE THIS AS BACK-DOOR BORROWING.  IT'S BEEN, AS YOU ALL KNOW,

                    IN SCHULZ V NEW YORK STATE IN 1994, THIS WAS UPHELD AS A

                    CONSTITUTIONAL WAY TO BORROW FOR OUR STATE, SO IT'S NOT -- IT'S NOT

                    BACKDOOR.  THIS IS A CONSTITUTIONAL CONSTRUCT THAT WE -- WE USE IN NEW

                    YORK STATE.

                                 MR. GOODELL:  AND I'M FAMILIAR WITH SOME OF THAT

                    COMPLEXITY.  IT -- TO BE HONEST, IT FLIES IN THE FACE OF THE PLAIN LANGUAGE

                    OF THE CONSTITUTION, BUT THAT'S A DIFFERENT ISSUE ALTOGETHER.  AT WHAT

                    POINT WILL WE BE ASKED TO APPROVE THE ADDITIONAL $7.9 BILLION IN DEBT, IS

                    THAT GOING TO BE A DIFFERENT BILL?

                                 (PAUSE)

                                 MS. WEINSTEIN:  YEAH, SO -- YOU KNOW, AND AS WE

                    HAVE EVERY YEAR, THIS BILL HAS THE AUTHORIZE -- IS THE AUTHORIZING

                    APPROPRIATION.  WE'LL SEE THE CAPITAL PROJECTS AS WE GO FORWARD IN

                    HAVING BILLS BEFORE US.

                                         74



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MR. GOODELL:  THANK YOU VERY MUCH, MS.

                    WEINSTEIN.  BY THE WAY, IT IS A GREAT PLEASURE SEEING AND HEARING YOU

                    THIS YEAR.  YOUR COLLEAGUE, MRS. PEOPLES-STOKES, DID A PHENOMENAL JOB

                    LAST YEAR WHEN YOU WERE OUT SICK, BUT IT'S GREAT TO SEE YOU BACK -- BACK

                    HERE IN THIS DEBATE.

                                 MS. WEINSTEIN:  I FIGURED I'D HAVE TO COME BACK.

                    OTHERWISE I'D OWE HER SOME CASH FROM MY STIPEND.

                                 (LAUGHTER)

                                 MR. GOODELL:  I MIGHT ADD THAT MRS.

                    PEOPLES-STOKES WAS SAYING HER AMENS AS I SAID THAT.

                                 (LAUGHTER)

                                 ON THE BILL.

                                 MS. WEINSTEIN:  I DON'T WANT TO TAKE ANY MORE OF

                    YOUR TIME, MR. GOODELL, SO THANK YOU FOR YOUR COMMENTS.

                                 MR. GOODELL:  THANK YOU.

                                 ON THE BILL, MADAM SPEAKER.

                                 ACTING SPEAKER HYNDMAN:  ON THE BILL.

                                 MR. GOODELL:  AS MY COLLEAGUE MENTIONED, OUR

                    DEBT LOAD IN NEW YORK STATE IS SECOND BEHIND CALIFORNIA EVEN THOUGH

                    CALIFORNIA IS SEVERAL TIMES LARGER THAN WE ARE.  AND TO PUT IT IN

                    PERSPECTIVE, THE TOTAL APPROPRIATION WHICH INCLUDES THE ACTUAL CASH WE

                    KNOW WE HAVE TO HAVE AS WELL AS CONTINGENCY IN CASE THE INTEREST RATE

                    AND THINGS CHANGE, THE TOTAL APPROPRIATION OF $16.4 BILLION IS EQUAL TO

                    30 PERCENT OF OUR ENTIRE PROJECTED PERSONAL INCOME TAX REVENUES.  EVEN

                    IF WE LOOK AT JUST THE AMOUNT WE KNOW WE HAVE TO PAY, THE $7.1- OR .2

                                         75



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    BILLION, THAT'S ABOUT 14 PERCENT.  IT'S AN ASTOUNDING DEBT LOAD.  AND THE

                    CONSTITUTION, AS WE'VE DISCUSSED, STATES THAT -- IT'S VERY INTERESTING

                    LANGUAGE.  I KNOW THE COURTS AND THE LEGISLATURE HAVE FOUND A WAY

                    AROUND IT, BUT IT SAID WITH CERTAIN EXCEPTIONS THAT DON'T APPLY HERE, NO

                    DEBT SHALL BE HEREAFTER CONTRACTED BY OR ON BEHALF OF THE STATE UNLESS

                    SUCH DEBT SHALL BE AUTHORIZED BY LAW OR SOME SINGLE WORK OR PURPOSE,

                    AND NO SUCH LAW SHALL TAKE EFFECT UNTIL IT SHALL, AT A GENERAL ELECTION,

                    HAVE BEEN SUBMITTED TO THE PEOPLE AND RECEIVED A MAJORITY OF ALL THE

                    VOTES CAST FOR AND AGAINST IT AT AN ELECTION.  SO THE AMOUNT THAT'S BEEN

                    APPROVED OUT OF THE $67.8 BILLION PROJECTED DEBT IS ONLY $2.7 BILLION.

                    IT'S A SMALL FRACTION.

                                 I UNDERSTAND THAT THE LEGISLATURE AND WITH THE IMPLICIT

                    APPROVAL OR EVEN EXPLICIT APPROVAL OF THE COURT SYSTEM HAS FIGURED OUT

                    A WAY AROUND ALL THIS LANGUAGE IN THE CONSTITUTION, BUT I WOULD SUGGEST

                    THAT THE VOTERS WHO APPROVED THAT LANGUAGE REALLY MEANT IT AND REALLY

                    WANTED TO CONTROL THE AMOUNT OF DEBT THAT THEY HAVE TO PAY FOR.  AND IF

                    THE VOTERS REALIZED THAT THEY COULD HAVE A 30 PERCENT TAX CUT IF WE

                    DIDN'T HAVE TO APPROPRIATE $16.4 BILLION, I THINK THEY WOULD BE QUITE

                    CONCERNED ABOUT HOW WE TAKE UP A BILL AFTER ALMOST ALL THE HARD-

                    WORKING NEW YORKERS ARE ASLEEP BECAUSE IT'S WAY PAST THEIR BEDTIME

                    AND PASS IT IN THE MIDDLE OF THE NIGHT.  FOR THOSE REASONS, I'LL BE VOTING

                    AGAINST IT AND RECOMMEND THE SAME TO MY COLLEAGUES.  THANK YOU,

                    MADAM SPEAKER AND, AGAIN, THANK YOU TO MS. WEINSTEIN FROM ALL OF

                    US.

                                 ACTING SPEAKER HYNDMAN:  MR. BROWN.

                                         76



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MR. BROWN:  THANK YOU, MADAM SPEAKER.  WILL

                    CHAIRWOMAN WEINSTEIN YIELD FOR ONE QUESTION?

                                 ACTING SPEAKER HYNDMAN:  WILL MS.

                    WEINSTEIN YIELD?

                                 MS. WEINSTEIN:  YES, BE HAPPY TO.

                                 ACTING SPEAKER HYNDMAN:  MS. WEINSTEIN

                    YIELDS.

                                 MR. BROWN:  CHAIRWOMAN WEINSTEIN, I REALIZE THAT

                    I'M A FRESHMAN IN THIS HOUSE, BUT I'M ASTOUNDED TO HEAR FOR THE FIRST

                    TIME THAT THE COMPTROLLER RANKS NEW YORK STATE AS THE SECOND MOST

                    INDEBTED STATE BEHIND CALIFORNIA, AND I JUST DID A QUICK GOOGLE SEARCH

                    TO FIND THAT THE POPULATION OF CALIFORNIA IS 40 MILLION PEOPLE, WHEREAS

                    THE POPULATION OF NEW YORK IS 19.5-.  SO I JUST HAVE ONE SIMPLE

                    QUESTION:  FOR EVERY TAX DOLLAR IN REVENUE THAT NEW YORK RECEIVES,

                    HOW MUCH IS -- IS USED FOR DEBT SERVICING?

                                 MS. WEINSTEIN:  HOLD ON ONE MOMENT, LET ME JUST

                    LOOK THROUGH MY NOTES.

                                 MR. BROWN:  SURE.

                                 (PAUSE)

                                 MS. WEINSTEIN:  UNFORTUNATELY I DON'T BELIEVE I

                    HAVE AN ACTUAL -- ACTUAL NUMBER HERE FOR YOU, BUT I WOULD JUST REMIND

                    YOU, AS OTHERS, THAT THIS DEBT SUPPORTS, AS I MENTIONED EARLIER, SUNY

                    PROJECTS, CUNY, EDUCATION FACILITIES, ECONOMIC DEVELOPMENT PROJECTS

                    THROUGHOUT THE STATE, HOUSING, PARK INITIATIVES, TRANSPORTATION

                    INITIATIVES.  SO, YOU KNOW, WE WANT TO HAVE -- MAKE SURE WE HAVE THE

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                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    BEST INFRASTRUCTURE WE -- WE HAVE.

                                 MR. BROWN:  AND I CAN APPRECIATE THAT.  I DO KNOW

                    THAT BOTH THE IRS AND THE NEW YORK STATE OFFICE OF TAXATION AND

                    FINANCE, WHEN THEY PUT OUT THE TAX FORM FOR TAXPAYERS TO ACTUALLY PAY

                    THEIR TAXES, IT USUALLY HAS A PIE CHART ON THE BACK AND IT USUALLY SHOWS

                    WHAT THE LEVEL OF DEBT SERVICE IS FOR EVERY DOLLAR THAT'S BROUGHT IN.  SO

                    I'M JUST ASKING, AND I APOLOGIZE, YOU KNOW, I THINK THE TAXPAYERS OF

                    NEW YORK STATE DESERVE TO KNOW JUST HOW MUCH OF THEIR MONEY THAT'S

                    GOING TO PAY TAXES IS BEING USED FOR ACTUAL SERVICES VERSUS HOW MUCH

                    IS BEING USED FOR DEBT SERVICE.  AND I JUST WANT TO ADD, AS A SMALL

                    BUSINESS OWNER, THIS IS HOW I ALWAYS RUN MY BUSINESS AND I THINK IT'S A

                    REALLY IMPORTANT QUESTION TO KNOW THE ANSWER TO.

                                 MS. WEINSTEIN:  SO I BELIEVE THAT DEBT -- YOU

                    KNOW -- DEBT PER CAPITA IS APPROXIMATELY $3,000.

                                 MR. BROWN:  AND -- $3,000 PER PERSON IN NEW

                    YORK STATE?

                                 MS. WEINSTEIN:  PER PERSON, YES.

                                 MR. BROWN:  SO EVERY PERSON, IF THEY PAID $3,000

                    TO THE OFFICE OF TAXATION AND FINANCE WOULD WIPE OUT THE DEBT?

                                 MS. WEINSTEIN:  YEAH -- YES.

                                 MR. BROWN:  OKAY.  AND JUST, IF YOU COULD EDUCATE

                    ME SINCE I AM A FRESHMAN MEMBER, HAS THAT NUMBER STAYED THE SAME

                    OVER THE PAST COUPLE YEARS OR IS IT GROWING?

                                 MS. WEINSTEIN:  IT'S BEEN -- IT HAS BEEN GROWING

                    SLIGHTLY OVER THE, YOU KNOW, DEPENDING ON THE TIME FRAME THAT YOU'RE

                                         78



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    LOOKING AT.

                                 MR. BROWN:  OKAY.  AND IF AT ALL POSSIBLE, IF YOU

                    COULD LET ME KNOW WHAT THAT NUMBER IS, I'D BE VERY CURIOUS DURING THE

                    BUDGET NEGOTIATIONS TO UNDERSTAND WHAT THAT PERCENTAGE OF DEBT SERVICE

                    IS.  SO AT ANY POINT IN TIME, IF YOU COULD RELAY THAT TO MR. RA, I'D BE

                    CURIOUS.

                                 SO ON THE BILL, MADAM SPEAKER.

                                 MS. WEINSTEIN:  WE DO HAVE A CHART THAT WE CAN

                    SHARE.

                                 MR. BROWN:  OKAY.

                                 ACTING SPEAKER HYNDMAN:  ON THE BILL.

                                 MR. BROWN:  I WANT TO THANK CHAIRWOMAN

                    WEINSTEIN FOR -- FOR HER ANSWERS TO THE QUESTION BUT, YOU KNOW, I'M

                    SITTING HERE A LITTLE PERPLEXED AT THE FISCAL POLICY OF THIS STATE.  IT SEEMS

                    TO ME THAT, YOU KNOW, AS A SMALL BUSINESS OWNER I KNOW THAT I CAN'T

                    RUN MY BUSINESS LIKE THIS AND IT'S NOT VERY SUSTAINABLE TO CONTINUE TO

                    HAVE DEBT SERVICE IN THE NEIGHBORHOOD OF -- OF $3,000 PER PERSON FOR

                    EVERY PERSON THAT LIVES IN THE STATE OF NEW YORK, AND THE FACT THAT

                    WE'RE THE SECOND-MOST INDEBTED STATE BEHIND CALIFORNIA IS REALLY

                    TROUBLING ON TOP OF THE FACT THAT WE HAVE A POPULATION THAT'S LESS THAN

                    HALF OF THE STATE OF CALIFORNIA.  SO BASED ON THAT, I WILL BE VOTING IN THE

                    NEGATIVE.  THANK YOU.

                                 ACTING SPEAKER HYNDMAN:  MR. SMULLEN.

                                 MR. SMULLEN:  THANK YOU, MADAM SPEAKER.

                    WOULD THE SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE?

                                         79



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MS. WEINSTEIN:  SURE, HAPPY TO.

                                 ACTING SPEAKER HYNDMAN:  SHE YIELDS.

                                 MR. SMULLEN:  THANK YOU VERY MUCH, CHAIR

                    WEINSTEIN.  I REALLY APPRECIATE THE OPPORTUNITY TO DISCUSS NEW YORK

                    STATE'S DEBT HERE, HEADING TOWARDS MIDNIGHT ON A MESSAGE OF NECESSITY

                    AS WE TYPICALLY DO IN THE BUDGET SORT OF THING.  THIS IS A BIT OF AN

                    UNUSUAL YEAR IN THAT WE'VE HAD QUITE A BIT OF FEDERAL MONEY BEING SENT

                    TO NEW YORK STATE TO RESPOND TO THE CORONAVIRUS PANDEMIC, AND I JUST

                    HAVE A -- MY FIRST QUESTION I THINK IS FAIRLY SIMPLE AND STRAIGHTFORWARD,

                    IS ARE WE USING ANY OF THIS FEDERAL MONEY TO PAY ANY OF NEW YORK

                    STATE'S PAST DEBTS THAT WE HAVE INCURRED IN ORDER TO LIGHTEN THE STATE'S

                    LOAD ON DEBT SO WE CAN HAVE THAT SPACE TO POTENTIALLY BORROW

                    (INAUDIBLE) DURING THIS CRISIS?

                                 MS. WEINSTEIN:  SO, YOU KNOW, I MEAN THE SHORT

                    ANSWER WOULD BE NO TO YOU THAT WE'RE NOT DOING THE FEDERAL DOLLARS.

                    THE FEDERAL DOLLARS IS GOING TO RESTORE WHAT WERE PROJECTED CUTS

                    BECAUSE OF LOSS OF REVENUE THAT WE HAD BECAUSE OF THE PANDEMIC, AND

                    OUR LOSS OF SALES TAX, AND PERSONAL INCOME TAX AND OTHER HITS THAT THE

                    STATE TOOK.

                                 MR. SMULLEN:  SURE.  NOW HAD WE ACTUALLY HAD A

                    LOSS OF REVENUE AT THIS POINT?

                                 MS. WEINSTEIN:  WE -- WE STARTED THE YEAR WITH A

                    LOSS OF REVENUE.

                                 MR. SMULLEN:  AT THIS POINT.

                                 MS. WEINSTEIN:  AT THIS POINT --

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                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MR. SMULLEN:  -- FOR NEXT YEAR --

                                 MS. WEINSTEIN:  WE STILL ARE -- WE STILL ARE A LITTLE

                    BIT BELOW WHERE WE WERE LAST YEAR.

                                 MR. SMULLEN:  HOW MUCH?

                                 MS. WEINSTEIN:  I KNOW IT -- A COUPLE OF BILLION --

                    I KNOW THERE'S A BIG DIFFERENCE BETWEEN A COUPLE OF BILLION AND, YOU

                    KNOW, AN EXACT NUMBER.  I ALWAYS SAY TO MY CONSTITUENTS WHEN I'M IN

                    ALBANY TALKING MILLIONS AND BILLIONS BUT WHEN I'M BACK HOME, IT'S $10

                    AND $20.

                                 MR. SMULLEN:  NO, I UNDERSTAND.  IN THE PENTAGON,

                    WE USED TO TALK BILLIONS ALL THE TIME SORT OF THING AND IT WAS -- IT WAS --

                    YOU KNOW, A FEW BILLION HERE, AND A FEW BILLION THERE AND PRETTY SOON

                    YOU'RE TALKING REAL MONEY SORT OF THING.

                                 MS. WEINSTEIN:  YOU GOT IT.

                                 MR. SMULLEN:  I'M VERY -- I'M VERY CONCERNED, YOU

                    KNOW, FOR OUR DEBT LOAD THAT WE'RE CARRYING, NOT ONLY AT THE STATE LEVEL

                    BUT AT THE NATIONAL LEVEL, PARTICULARLY WITH THIS CORONAVIRUS PANDEMIC

                    AND WITH THE MONEY THAT WAS BORROWED WITH THE FIRST COUPLE ROUNDS OF

                    STIMULUS AND NOW THE $1.9 TRILLION THAT'S BEEN BEING BORROWED, AND

                    WE'RE TALKING NOW ABOUT A $2 TRILLION INFRASTRUCTURE PLAN THAT THE

                    PRESIDENT ACTUALLY TALKED ABOUT.

                                 ONE OF THE THINGS I WAS -- I WAS CONCERNED ABOUT IS

                    THE USAGE OF FEDERAL MONEY TO BE ABLE TO MAKE NEW YORK WHOLE IN

                    THIS CRISIS SORT OF THING.  AND ONE OF THE THINGS THAT OBVIOUSLY IS

                    CONCERNING THAT WE'VE TALKED ABOUT ALREADY, AND I LOOKED AT THE 2020

                                         81



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    ANNUAL REPORT BY THE AUTHORITIES BUDGET OFFICE ON PUBLIC AUTHORITIES

                    DEBT, IS HOW WE'RE GOING TO GO FORWARD IN THE FUTURE, NOT ONLY IN THIS

                    YEAR BUT IN THE OUT-YEARS AS FAR AS OUR DEBT AND HOW MUCH IT'S GOING TO

                    INCREASE AND IT'S, TO ME, IT'S VERY WORRISOME.  YOU KNOW, I THINK THAT

                    SINCE WE'RE BORROWING FEDERAL MONEY AND SINCE NEW YORK IS A NET

                    DONOR STATE TO THE FEDERAL GOVERNMENT ACCORDING TO MOST PEOPLE'S

                    PROJECTIONS, THAT IF WE'RE BORROWING MONEY FROM OURSELVES TO GIVE

                    MONEY TO THE FEDERAL GOVERNMENT TO GIVE IT BACK TO US AND THEN TO NOT

                    ACTUALLY SERVICE THAT DEBT, IT SEEMS A LITTLE BIT BACKWARDS IN A CRISIS THAT

                    WE OUGHT TO MAYBE BE TIGHTENING OUR BELTS AS OPPOSED TO SPENDING

                    MORE AND, YOU KNOW, RAISING TAXES TO SPEND EVEN MORE WHEN WE

                    ACTUALLY DON'T HAVE MUCH A REVENUE SHORTFALL IN THE OVERALL STATE

                    BUDGET.  SO I DO REALLY APPRECIATE THE TIME YOU ENGAGED.

                                 MADAM SPEAKER, ON THE BILL.

                                 ACTING SPEAKER HYNDMAN:  ON THE BILL.

                                 MR. SMULLEN:  SO I THINK I'VE SAID WHAT I NEED TO

                    SAY ABOUT THIS.  DEBT IS VERY WORRISOME, NOT ONLY AT THE STATE LEVEL BUT

                    AT THE NATIONAL LEVEL.  AND I THINK ALL OF OUR -- OUR TAXPAYERS AND ALL OF

                    THE PEOPLE IN THE STATE THAT BENEFIT FROM OUR PROGRAMS, YOU KNOW,

                    REALLY OUGHT TO SEE -- TO SEE HOW THIS PROCESS WORKS.  AND, YOU KNOW, I

                    THINK THIS -- THIS BILL THAT IT IS THE FIRST OF OUR TEN BUDGET BILLS, YOU

                    KNOW, JUST SHOWS HOW THE SYSTEM THAT WE'VE GOT SET UP HERE IN NEW

                    YORK IS -- IS REALLY NOT ONLY COMPLICATED AND CONVOLUTED, BUT IT'S -- IT'S

                    NOT VERY TRANSPARENT, IT'S NOT VERY FRIENDLY FOR PEOPLE TO BE ABLE TO

                    UNDERSTAND WHAT'S GOING ON AND I THINK WE COULD DO VERY MUCH BETTER

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                    NYS ASSEMBLY                                                     MARCH 31, 2021

                    AND I HOPE TO CONTRIBUTE TO THAT CONVERSATION GOING FORWARD IN MY

                    SERVICE HERE IN THE ASSEMBLY.  THANK YOU VERY MUCH.  I APPRECIATE IT.

                                 ACTING SPEAKER HYNDMAN:  READ THE LAST

                    SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER HYNDMAN:  THE CLERK WILL

                    RECORD THE VOTE ON RULES REPORT NO. 50, SENATE BILL NO. S02502-B.

                    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, MADAM SPEAKER.  THE

                    REPUBLICAN CONFERENCE WILL GENERALLY BE VOTING IN THE NEGATIVE ON THIS

                    BILL.  THOSE WHO WOULD LIKE TO VOTE IN THE AFFIRMATIVE SHOULD CONTACT

                    THE MINORITY LEADER'S OFFICE.  THANK YOU.

                                 ACTING SPEAKER HYNDMAN:  SO NOTED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MADAM

                    SPEAKER.  I WANT TO REMIND MY COLLEAGUES THAT THIS IS A PARTY VOTE AND

                    THE MAJORITY MEMBERS SHOULD BE VOTING IN THE AFFIRMATIVE, BUT IF THERE

                    ARE ANY EXCEPTIONS, YOU SHOULD FEEL COMFORTABLE IN CONTACTING THE

                    OFFICE AND WE WILL MAKE SURE THAT YOUR VOTE IS PROPERLY RECORDED.

                                 ACTING SPEAKER HYNDMAN:  SO NOTED.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. LAWLER TO EXPLAIN HIS VOTE.

                                         83



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 MR. LAWLER:  THANK YOU, MADAM SPEAKER.  IT'S

                    OBVIOUSLY CRITICAL THAT WHEN WE BORROW MONEY WE PAY IT OFF, BUT

                    WHAT'S DEEPLY DISTURBING ABOUT THIS BILL IS, YOU KNOW, APPROXIMATELY

                    51 PERCENT OF OUR DEBT SERVICE COSTS ARE GOING TOWARDS PRINCIPAL, IN

                    OTHER WORDS, TO RETIRE THE DEBT.  SO ABOUT $7.1 BILLION WILL BE USED TO

                    PAY DOWN THAT DEBT; YET, WE'RE PROJECTING THAT WE'RE GOING TO ADD ABOUT

                    $8 BILLION IN NEW DEBT.  WE JUST RECEIVED $12.5 BILLION FROM THE

                    FEDERAL GOVERNMENT, AND I'M NOT SURE IF ANY OF THAT IS EVEN BEING

                    ALLOCATED TOWARDS THIS.  IT'S AMAZING TO ME THAT WE WOULD CONSIDER

                    BORROWING $8 BILLION AND INCREASE SPENDING BY ANYWHERE UP TO 15

                    PERCENT AT A TIME WHEN WE CLEARLY DON'T HAVE THE MONEY.  WE SHOULD

                    BE USING MORE FUNDS TO PAY DOWN OUR DEBT AND END OUR RECORD OF BEING

                    THE SECOND-MOST INDEBTED STATE IN THE COUNTRY.  AND FOR THAT REASON, I

                    CAN'T SUPPORT A BILL THAT IS FOCUSED ON ADDING $8 BILLION IN NEW DEBT

                    AND MAKING THAT APPROPRIATION.  SO I WILL BE VOTING IN THE NEGATIVE.

                                 ACTING SPEAKER HYNDMAN:  MR. LAWLER IN

                    THE NEGATIVE.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, MADAM SPEAKER.

                    PLEASE RECORD THE FOLLOWING REPUBLICANS IN THE AFFIRMATIVE ON THIS

                    LEGISLATION:  MR. ASHBY, MR. FITZPATRICK, MS. GIGLIO, AND MR. SMITH.

                    THANK YOU, MADAM SPEAKER.

                                 ACTING SPEAKER HYNDMAN:  SO NOTED.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                         84



                    NYS ASSEMBLY                                                     MARCH 31, 2021

                                 THE BILL IS PASSED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MADAM SPEAKER, DO YOU

                    HAVE ANY HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER HYNDMAN:  WE HAVE NEITHER.

                                 MRS. PEOPLES-STOKES:  THEN I MOVE THAT THE

                    ASSEMBLY STAND ADJOURNED UNTIL THURSDAY, APRIL THE 1ST, TOMORROW

                    BEING A SESSION DAY, AND THAT WE RECONVENE AT THE CALL OF THE SPEAKER.

                                 ACTING SPEAKER HYNDMAN:  THE ASSEMBLY

                    STANDS ADJOURNED.

                                 (WHEREUPON, AT 11:02 P.M., THE ASSEMBLY STOOD

                    ADJOURNED UNTIL THURSDAY, APRIL 1ST AT THE CALL OF THE SPEAKER.)



























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