MONDAY, APRIL 26, 2021 2:58 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

BISHOP DOCTOR H. BERNARD ALEX WILL OFFER A PRAYER.

BISHOP DOCTOR H. BERNARD ALEX: HEAVENLY

FATHER, JUST AS YOU GAVE IN THE SCRIPTURE MOSES WISDOM TO APPOINT

ELDERS AMONG THE PEOPLE, SO YOU BLESSED OUR FOUNDERS WITH THE

WISDOM TO DIVIDE OUR COUNTRY INTO INDIVIDUAL STATES. YOU'VE

EMPOWERED THOSE STATES TO HAVE LEGISLATORS TO MAKE LAWS AND DECREES

WHICH MANAGE OUR DAILY LIVES, MAKE OUR LIVES SAFE, AND TO PROTECT US.

WE PRAY FOR THOSE WHO MAKE THOSE DECISIONS. I ASK THAT YOU GIVE

THEM STRENGTH AND WISDOM TO GUIDE THEIR DECISIONS AND THAT THEY MAY

BE GUIDED AS THEY ARE BY YOUR SPIRIT TO MAKE RIGHT DECISIONS.

SURROUNDED THEM WITH PEOPLE FROM ALL WALKS OF LIFE AND MANY

NYS ASSEMBLY APRIL 26, 2021

BACKGROUNDS. BRING TO THEM PEOPLE OF HIGH CHARGE AND INGENUITY THAT

THEY MIGHT COME TOGETHER AND MAKE WISE DECISIONS IN TROUBLED TIMES;

THAT AMONG THE MANY VOICES WHICH CRY OUT TO THEM EVERY DAY THAT THEY

HEAR THE CRY OF THOSE THAT ARE SO DESPERATELY IN NEED. SO, WE LOOK TO

YOU FOR ASSURANCE AND GUIDANCE, ESPECIALLY IN TIMES OF CRISES. WE ARE

THE EMPIRE STATE AND EVERY EMPIRE MUST HAVE A SOVEREIGN. SO, I INVITE

YOU TO BE THE -- THE GREAT SOVEREIGN RULER OF THE UNIVERSE TO GUIDE THE

DECISIONS AND ACTIONS OF OUR ELECTED OFFICIALS. AS IT IS WRITTEN, WE ARE

TO PRAY FOR THOSE THAT ARE IN GOVERNMENT THAT WE MIGHT LIVE A QUIET AND

A PEACEABLE LIFE. WE PRAY TODAY FOR PEACE IN EVERY CITY, TOWN, VILLAGE,

HAMLET OF NEW YORK STATE FROM ALL POINTS NORTH AS TO OUR NEIGHBORS IN

CANADA, TO THE GREAT NIAGARA FRONTIER, TO THE CAPITAL DISTRICT, TO THE

HUDSON VALLEY, TO WESTCHESTER, NEW YORK CITY AND ITS BOROUGHS AND

TO THE FURTHEST TIPS OF LONG ISLAND, LET FREEDOM AND JUSTICE FOR ALL

PEOPLE RING. IN YOUR NAME, O GOD, LET FREEDOM RING. AMEN.

MEMBERS: AMEN.

ACTING SPEAKER AUBRY: AMEN.

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 SATURDAY, APRIL 24TH.

MRS. PEOPLES-STOKES.

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

NYS ASSEMBLY APRIL 26, 2021

THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SATURDAY,

APRIL THE 24TH AND 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 -- WELCOME COLLEAGUES BACK TO OUR

CHAMBERS, BOTH THOSE WHO ARE HERE WITH US IN THE CHAMBERS AS WELL AS

THOSE WHO ARE PARTICIPATING REMOTELY.

IF I -- I JUST WANT TO GO THROUGH THE SCHEDULE FOR TODAY

MR. SPEAKER, BUT IF I COULD GIVE A QUOTE BEFORE I DO THAT, THIS ONE

COMES FROM NONE OTHER THAT POPE JOHN PAUL, II. AND THE POPE IS

SHARING WITH US TODAY, THE EARTH WILL NOT CONTINUE TO OFFER ITS HARVEST

UNLESS THE FAITHFUL -- UNLESS WE HAVE FAITHFUL STEWARDSHIP. WE CANNOT

SAY WE LOVE THE LAND AND THEN TAKE STEPS TO DESTROY IT FOR ITS USE BY OUR

FUTURE GENERATIONS. AGAIN, MR. SPEAKER, THAT WAS FROM POPE JOHN

PAUL, II.

AND COLLEAGUES SHOULD ALSO ACKNOWLEDGE THE POINT

THAT THIS IS THE FIRST SESSION DAY OF THE 17TH WEEK OF THE 244TH

LEGISLATIVE SESSION. AND AS SUCH, WE HAVE A MAIN CALENDAR ON OUR

DESK WITH 13 NEW BILLS. AND AFTER YOU HAVE TAKEN UP ANY

INTRODUCTIONS, MR. SPEAKER, AND/OR HOUSEKEEPING, WE WILL TAKE UP

RESOLUTIONS ON PAGE 3. IMMEDIATELY FOLLOWING THAT, WE WILL GO TO

CONSENT OF OUR NEW BILLS BEGINNING WITH CALENDAR NO. 2 -- 219, AND

WE'RE GOING TO GO RIGHT THROUGH TO CALENDAR NO. 231. WE WILL ALSO

NYS ASSEMBLY APRIL 26, 2021

TAKE UP A COUPLE OF BILLS ON DEBATE. THAT INCLUDES CALENDAR NO. 170

BY MS. AMY PAULIN AND CALENDAR NO. 217 BY MR. ABBATE.

IMMEDIATELY FOLLOWING THIS SESSION, MR. SPEAKER,

THERE IS DEFINITELY A NEED FOR A MAJORITY CONFERENCE. AND OBVIOUSLY,

AS ALWAYS, WE'LL CHECK WITH OUR COLLEAGUES ON OTHER SIDE OF THE AISLE TO

DETERMINE WHAT THEIR NEEDS ARE.

THAT, MR. SPEAKER, IS THE GENERAL OUTLINE OF WHERE

WE'RE GOING TODAY. IF YOU HAVE HOUSEKEEPING AND/OR INTRODUCTIONS,

NOW WOULD BE AN APPROPRIATE TIME.

ACTING SPEAKER AUBRY: NO HOUSEKEEPING,

MRS. PEOPLES-STOKES. BUT WE DO HAVE AN INTRODUCTION FROM MS.

HUNTER.

MS. HUNTER: YES. GOOD AFTERNOON, MR. SPEAKER.

I JUST WANTED TO TAKE AN OPPORTUNITY FOR ANY OF YOU WHO WERE ABLE TO

FOLLOW THE BEGINNING PROCEEDINGS THAT THE PASTOR WHO GAVE OUR PRAYER

THIS -- THIS AFTERNOON CAME STRAIGHT FROM SYRACUSE, THE REVEREND

BERNARD ALEX, WHO'S A VERY, VERY DEAR OF MINE, WHO IS THE LEAD PASTOR

-- HEAD PASTOR AT VICTORY TEMPLE FELLOWSHIP CHURCH. I HOPE YOU ALL

ENJOYED HIS PRAYER TODAY. HE TRULY IS A SON SERVANT OF GOD. HE HAS A

-- CREATED A ENVIRONMENT THAT HE STARTED HIS CHURCH WITH EIGHT PEOPLE,

MR. SPEAKER, AND NOW THEY'RE WELL OVER 250. HE DOES COOK HOT FOOD

EVERY WEEK, PERSONALLY COOKS HOT FOOD WITH HIS TEAM THAT THEY DELIVER

TO FOLKS IN SYRACUSE AS WELL AS LAUNDRY DETERGENT AND GIVEAWAYS AND

JUST REALLY BEING THERE FOR THE COMMUNITY EVERY SINGLE DAY IN EVERY

SINGLE CAPACITY.

NYS ASSEMBLY APRIL 26, 2021

SO, TO MY VERY DEAR FRIEND, REVEREND ALEX, WHO I'VE

KNOWN FOR ALMOST 20 YEARS, IF YOU COULD EXTEND THE CORDIALITIES OF THIS

HOUSE, I WOULD TRULY APPRECIATE IT, MR. SPEAKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. HUNTER, THE SPEAKER, ALL THE MEMBERS, REVEREND ALEX, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, EVEN IF IT'S

VIRTUALLY. WE APPRECIATE THE PRAYER THAT YOU OFFERED. WE HOPE THAT

YOU WILL OFTEN COME BACK AND VISIT US AND CONTINUE THE GREAT WORK YOU

ARE PROVIDING TO YOUR COMMUNITY AND TO YOUR CHURCH. THANK YOU SO

VERY MUCH. WE'RE HAPPY TO HAVE YOU.

(APPLAUSE)

PAGE 3, ASSEMBLY NO. 190, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 190, MR.

BYRNE. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM FEBRUARY 2021 AS HEART DISEASE AWARENESS

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION 191, MS.

SOLAGES. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW M.

CUOMO TO PROCLAIM APRIL 2021 AS CESAREAN AWARENESS MONTH IN THE

STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

NYS ASSEMBLY APRIL 26, 2021

ADOPTED.

PAGE 4, CALENDAR NO. 219, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00381-A, CALENDAR

NO. 219, PAULIN. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN

RELATION TO THE SALE OF MOTOR VEHICLE CHILD RESTRAINT SYSTEMS.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A00436, CALENDAR NO.

220, JONES. AN ACT TO REPEAL SECTION 60 OF THE GENERAL BUSINESS LAW

RELATING TO THE PROHIBITION OF BARBERING ON SUNDAY.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT A-436. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED. THIS IS THE FIRST VOTE OF THE DAY.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A02199, CALENDAR NO.

221, CRUZ, O'DONNELL. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND

RULES, IN RELATION TO INTEREST UPON JUDGMENT.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A02266, CALENDAR NO.

NYS ASSEMBLY APRIL 26, 2021

222, AUBRY, RICHARDSON, ZEBROWSKI, EPSTEIN, PERRY. AN ACT TO AMEND

THE PENAL LAW, IN RELATION TO CRIMINAL MISCHIEF IN THE THIRD DEGREE AND

CRIMINAL MISCHIEF IN THE SECOND DEGREE.

ACTING SPEAKER AUBRY: LAY ASIDE.

THE CLERK: ASSEMBLY NO. A03920, CALENDAR NO.

223, DINOWITZ, BRONSON, CYMBROWITZ, BENEDETTO, CUSICK, GUNTHER,

GOTTFRIED, PICHARDO, BARRON, COOK, GALEF, COLTON, HUNTER, PERRY,

BUTTENSCHON, BYRNE, NORRIS, CRUZ, BARRETT, GRIFFIN, JACOBSON. AN ACT

TO AMEND THE VEHICLE AND TRAFFIC LAW AND THE EXECUTIVE LAW, IN

RELATION TO ENABLING VETERANS AND RESERVISTS TO RECEIVE BENEFIT

INFORMATION UPON APPLYING FOR OR RENEWING A DRIVER'S LICENSE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT A-3920. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES?

MR. SANTABARBARA TO EXPLAIN HIS VOTE.

MR. SANTABARBARA: THANK YOU, MR. SPEAKER.

I JUST WANT TO QUICKLY EXPLAIN MY VOTE. I WANT TO THANK -- THANK THE

SPONSOR OF THIS LEGISLATION. WE ARE CONSTANTLY LOOKING FOR NEW WAYS TO

NYS ASSEMBLY APRIL 26, 2021

GET INFORMATION OUT TO VETERANS AND RESERVISTS, AND THIS IS ONE

ADDITIONAL WAY THAT WE CAN GET THAT INFORMATION OUT. MANY GOOD

PROGRAMS AND A LOT OF NEW PROGRAMS AND NEW BILLS WE PASSED THIS

YEAR. THIS WILL BE A GREAT WAY OF INFORMING OUR VETERANS AND KEEPING

THEM UP TO DATE ON WHAT'S AVAILABLE TO THEM WHEN THEY RETURN HOME.

AND I'M PROUD TO -- TO SUPPORT IT HERE ON THE FLOOR TODAY.

ACTING SPEAKER AUBRY: MR. SANTABARBARA IN

THE AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04089, CALENDAR NO.

224, THIELE. AN ACT TO AMEND THE HIGHWAY LAW IN RELATION TO

PROVIDING THAT A COUNTY BOARD OF SUPERVISORS SHALL BE AUTHORIZED TO

REQUIRE THAT A FERRY SHALL CARRY WITHOUT CHARGE OR FEE OF ANY KIND FOR

TRANSPORTATION ANY MEMBER OF THE UNITED STATES ARMED FORCES IN

UNIFORM DURING THEIR TERM OF ENLISTMENT IN THE SERVICE OF THE UNITED

STATES.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 4089. THIS IS A FAST ROLL CALL. ANY MEMBER

WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY APRIL 26, 2021

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A04588, CALENDAR NO.

225, PAULIN. AN ACT TO AMEND THE TAX LAW, IN RELATION TO EXTENDING

THE PERIOD DURING WHICH THE CITY OF WHITE PLAINS IS AUTHORIZED TO

IMPOSE AN ADDITIONAL SALES AND COMPENSATING USE TAX.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

HOME RULE MESSAGE IS AT THE DESK.

THE CLERK: ASSEMBLY NO. A04651, CALENDAR NO.

226, ABBATE, MCDONALD, ZEBROWSKI, OTIS. AN ACT TO AMEND THE

GENERAL BUSINESS LAW, IN RELATION TO THIRD-PARTY DELIVERY SERVICES.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

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

ADVANCED. THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A05689, CALENDAR NO.

227, CRUZ. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN RELATION

TO STREAMLINING THE ASSIGNMENT OF APPELLATE COUNSEL FOR INDIGENT

CRIMINAL DEFENDANTS.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 5689. THIS IS A FAST ROLL CALL. ANY MEMBER

WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

NYS ASSEMBLY APRIL 26, 2021

MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06041, CALENDAR NO.

228, RAJKUMAR, WEPRIN. AN ACT TO AMEND THE GENERAL BUSINESS LAW,

IN RELATION TO REQUIRING MOTOR VEHICLE DEALERS TO SEARCH FOR RECALLS AND

MAKE CERTAIN REPAIRS PRIOR TO SELLING A USED MOTOR VEHICLE.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06173, CALENDAR NO.

229, GUNTHER, GOTTFRIED, BARRON. AN ACT TO AMEND THE PUBLIC HEALTH

IN RELATION TO THE POSTING OF CERTAIN COVID-19 VACCINE DISBURSEMENT

INFORMATION ON THE WEBSITE OF THE DEPARTMENT OF HEALTH; AND

PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 10TH

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 6173. THIS IS A FAST ROLL CALL. ANY MEMBER

WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

NYS ASSEMBLY APRIL 26, 2021

THE BILL IS PASSED.

THE CLERK: ASSEMBLY NO. A06319, CALENDAR NO.

230, CRUZ, GRIFFIN, BURDICK, TAYLOR, BARNWELL, ZEBROWSKI, DINOWITZ,

VANEL, SIMON, BURGOS, ROSENTHAL L, GONZ�LEZ-ROJAS, PERRY, JACOBSON,

OTIS, PRETLOW, STIRPE, FERNANDEZ, CLARK, GLICK, BICHOTTE HERMELYN,

LAVINE. AN ACT TO AMEND THE PENAL LAW, THE CRIMINAL PROCEDURE LAW,

THE CORRECTION LAW, THE SOCIAL SERVICES LAW, THE VEHICLE AND TRAFFIC

LAW, THE FAMILY COURT ACT, THE CIVIL RIGHTS LAW, THE CIVIL PRACTICE

LAW AND RULES, THE AGRICULTURE AND MARKETS LAW, THE JUDICIARY LAW

AND THE DOMESTIC RELATIONS LAW, IN RELATION TO SEX OFFENSES; AND TO

REPEAL CERTAIN PROVISIONS OF THE PENAL LAW RELATING THERETO.

ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.

THE CLERK: ASSEMBLY NO. A06966, CALENDAR NO.

231, BRONSON. AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE SOCIAL

SERVICES LAW IN RELATION TO PERSONAL CAREGIVING VISITORS FOR RESIDENTS

OF NURSING HOMES; AND TO AMEND A CHAPTER OF THE LAWS OF 2021

AMENDING THE PUBLIC HEALTH LAW AND THE SOCIAL SERVICES LAW RELATING

TO PERSONAL AND COMPASSIONATE CAREGIVING VISITORS FOR RESIDENTS OF

NURSING HOMES, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.614-B AND

A.1052-B, IN RELATION TO THE EFFECTIVENESS THEREOF.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 6966. THIS IS A FAST ROLL CALL. ANY MEMBER

WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE

NYS ASSEMBLY APRIL 26, 2021

MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 17, CALENDAR NO. 170, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A03360, CALENDAR NO.

170, PAULIN, OTIS, GALEF, VANEL, BARRON, JACOBSON, SANTABARBARA. AN

ACT TO AMEND THE PUBLIC SERVICE LAW AND THE PUBLIC AUTHORITIES LAW

IN RELATION TO PROVIDING RATE PAYERS WITH REIMBURSEMENT FOLLOWING

PROLONGED POWER OUTAGES.

ACTING SPEAKER AUBRY: MS. PAULIN, AN

EXPLANATION HAS BEEN REQUESTED.

MS. PAULIN: THANK YOU, MR. SPEAKER. THE BILL

WOULD PROVIDE COMPENSATION TO RESIDENTIAL CUSTOMERS OF GAS AND

ELECTRIC CORPORATIONS EXPERIENCING PROLONGED SERVICE OUTAGES LASTING

LONGER THAN 48 HOURS.

ACTING SPEAKER AUBRY: MR. PALMESANO.

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

WILL THE SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU

YIELD?

MS. PAULIN: I WOULD BE HAPPY TO.

ACTING SPEAKER AUBRY: MS. PAULIN YIELDS,

SIR.

NYS ASSEMBLY APRIL 26, 2021

MR. PALMESANO: THANK YOU, AMY. THIS -- THIS

IS -- BILL IS PROBABLY ONE OF THE SERIES OF BILLS THAT CAME ABOUT AFTER THE

STORMS FROM LAST SUMMER AND THE SUBSEQUENT -- I THINK IT WAS A

13-AND-A-HALF-HOUR HEARING WE HELD AFTER THE STORMS. IS THIS ONE OF

THOSE BILLS THAT CAME ABOUT AFTER THAT?

MS. PAULIN: IT DID.

MR. PALMESANO: AND USUALLY, AMY, WHEN WE --

WHEN THERE'S A STORM OR AN EMERGENCY OF SOME SOURCE, ISN'T IN THE

CURRENT LAW THERE ARE STORM COST RECOVERY PROCESS AFTERWARDS WHERE THE

STORM WORK GETS DONE FOR CLEANUP, MAKING SAFE, DEALING WITH THE

DOWNED WIRES AND THE POLES, THE MAN HOURS WORKED AND INFRASTRUCTURE

COSTS, ISN'T THAT PART OF THE CURRENT PROCESS WE HAVE IN PLACE UNDER LAW

RIGHT NOW AND THAT'S REALLY DONE -- THAT RECOVERY PROCESS IS DONE AS PART

OF THE RATEMAKING PROCESS WHEN THEY GO THROUGH THAT PROCESS EVERY

SEVERAL YEARS?

MS. PAULIN: I'M NOT SURE EXACTLY WHAT YOU'RE

SAYING. I MEAN, I UNDERSTAND THAT, YES, THEY DO GO THROUGH A PROCESS TO

REPAIR LINES AND ALL, BUT I WASN'T SURE IF YOU WERE ASKING -- OR WHAT --

WHAT --

MR. PALMESANO: YES --

MS. PAULIN: -- CONNECTION IT HAD TO THE RATE

PROCESS.

MR. PALMESANO: EVERY -- RIGHT NOW UNDER THE

CURRENT PSC LAW, OR THE WAY THE PROCESS WORKS WHEN THERE'S STORMS

THAT HAPPEN AT DIFFERENT TIMES OVER THE PERIOD OF TIME, THERE'S A PROCESS

NYS ASSEMBLY APRIL 26, 2021

IN PLACE NOW THAT UTILITIES UTILIZE TO GO THROUGH THE RECOUP COSTS, SOME

COSTS, BUT IT'S DONE THROUGH THE RATE MAKE -- RATEMAKING PROCESS WHEN

THEY -- WHEN THEY GO TO THE PSC FOR RATE CHARGES APPROVAL. THAT'S THE

CURRENT LAW, CORRECT?

MS. PAULIN: I SEE. SO WHAT YOU'RE SAYING IS THAT'S

ON THE UTILITY SIDE. WE'RE TALKING -- THIS BILL ADDRESSES THE RESIDENTS

WHO WERE OUT, NOT THE --

MR. PALMESANO: RIGHT.

MS. PAULIN: -- UTILITY WHO MIGHT HAVE LOST MONEY

AND THEREFORE HAVE TO IMPOSE --

MR. PALMESANO: RIGHT. BUT I UNDERSTAND IT

ABOUT THE RESIDENTIAL. BUT, I GUESS THE POINT I'M MAKING IS WHEN

THERE'S STORMS, WHEN THEY -- WHEN THEY GO -- THOSE COSTS COME ABOUT,

THAT'S THE PROCESS THAT THE UTILITY WOULD GO THROUGH THE RATEMAKING

PROCESS TO RECOUP SOME COSTS AS PART OF THAT PROCESS.

MS. PAULIN: YES.

MR. PALMESANO: BUT THIS BILL SPECIFICALLY DOES

NOT PERMIT ANY COST RECOVERY AS THE CURRENT PRACTICE ALLOWS, CORRECT?

MS. PAULIN: THAT'S CORRECT.

MR. PALMESANO: AND I KNOW IN THE LANGUAGE OF

THE BILL IT TALKS ABOUT EMERGENCY EVENTS WHERE WIDESPREAD OUTAGES

HAVE OCCURRED IN SERVICE TERRITORY AS A RESULT OF STORMS, HIGH HEAT

EVENTS, EARTHQUAKES, WILDFIRES AND OTHER CAUSES. THESE ARE ALL VERY,

VERY SIGNIFICANT EVENTS THAT TAKE PLACE. SOME WOULD REFER TO THEM AS

ACT OF GOD, LIKE WHAT HAPPENED WITH SANDY, ISAIAS AND OTHER STORMS.

NYS ASSEMBLY APRIL 26, 2021

THESE ARE REALLY HIGH SIGNIFICANT EVENTS, CORRECT?

MS. PAULIN: THAT'S CORRECT.

MR. PALMESANO: NOW, IS THE UTILITY RESPONSIBLE

FOR THAT -- THESE EVENTS THAT HAPPEN NOW THAT THEY HAVE TO DEAL WITH?

YOU KNOW, ESPECIALLY THESE HUNDRED-YEAR STORMS --

MS. PAULIN: THEY'RE NOT OF COURSE -- OF COURSE THEY

CAN'T BE RESPONSIBLE FOR, YOU KNOW, FOR AN UNPREDICT -- WELL, FOR A

STORM THAT COMES FROM GOD, RIGHT. HOWEVER, WHAT THEY CAN BE IS IN

THEIR -- IN THEIR PLAN TO ADDRESS THOSE VERY SEVERE STORMS THEY SHOULD

HAVE A PLAN IN PLACE SO THAT PEOPLE ARE RESTORED IN A REASONABLE TIME

PERIOD. WE DO ALLOW, AS YOU KNOW, IN THE BILL FOR THEM TO APPEAL TO --

TO, YOU KNOW, TO THE PSC AND ESSENTIALLY SAY, YOU KNOW, THIS WAS

LARGER THAN WE COULD HAVE EVER ANTICIPATED, THIS IS MORE SEVERE THAN

WE COULD HAVE EVER ANTICIPATED, TO BE ABLE TO GET OUT OF DOING THESE

THINGS. BUT FOR THE MOST PART, THAT'S WHAT THE EMERGENCY PLANS THAT

THEY DEVELOP ARE ABOUT. THESE ARE EMERGENCY EVENTS, THEY PLAN FOR

THOSE EMERGENCY EVENTS, THEY'RE SUPPOSED TO HAVE RESTORATION AND IF

THEY -- AND IF THEY DON'T HAVE RESTORATION WITHIN A REASONABLE TIME,

THEN WE'RE SAYING IN THIS THAT THEY SHOULD GIVE A $25 CREDIT, WHICH IS

VERY SMALL. BUT HOPEFULLY WILL WORK AS AN INCENTIVE TO HAVE THE

UTILITIES BE BETTER ACTORS. AND OF COURSE THE RATIONALE FOR THE

MEDICATION AND FOOD IS THAT --

MR. PALMESANO: RIGHT.

MS. PAULIN: -- I DON'T KNOW ABOUT WHERE -- WHERE

YOU ARE ON LONG ISLAND, YOU HAVE ONE SERVICE PROVIDER. WE HAVE

NYS ASSEMBLY APRIL 26, 2021

MULTIPLE IN OUR COUNTY, AND THEY HAVE DIFFERENT APPROACHES TO IT. AND

SO YOU COULD HAVE NEIGHBOR LITERALLY IN A TOWN NEXT TO A NEIGHBOR, ONE

OF THEM HAS NYSEG, ONE OF THEM HAS CONED. CONED HAS SOME

REIMBURSEMENT, NYSEG DOESN'T. AND THEN -- AND SO, IT'S -- IT'S ERRATIC,

AND WE JUST FELT THERE NEEDED TO BE CONSISTENCY IN THE STATE, THERE

SHOULD BE SOME REIMBURSEMENT FOR THESE COSTS.

MR. PALMESANO: SURE. I UNDERSTAND THAT BEING A

PART OF THE PROCESS DISCUSSING IT. SO, THIS 48 HOURS STARTS RIGHT AFTER THE

ONSET OF THE EVENT, NOT ONCE THE RESTORATION PROCESS BEGINS, CORRECT?

MS. PAULIN: WELL, THE RESTORATION PROCESS DOES

BEGIN AFTER THE STORM ENDS.

MR. PALMESANO: OKAY. BECAUSE I KNOW LIKE

WHEN YOU HAVE A SIGNIFICANT STORM THE FIRST DAY IS REALLY DEALT WITH

ASSESSING IT AND MAKING SAFE, MAKING SURE THE EMPLOYEES ARE SAFE AS

THEY GO OUT THERE. DOES THE SEVERITY OF THE STORM COME INTO PLAY

REGARDING THE TIME FRAME OF THAT, STARTING THE PROCESS?

MS. PAULIN: I THINK, AGAIN, WE LEAVE SOME

FLEXIBILITY TO THE PUBLIC SERVICE COMMISSION. BUT AFTER THOSE 13

HOURS, WHICH I SAT WITH VERY FEW BREAKS, WE LEARNED ABOUT A VARIETY OF

WAYS THAT THE -- THE DIFFERENT COMPANIES, UTILITY COMPANIES, ADDRESS

STORMS. AND FOR THE MOST PART, THEY ARE ALL ON THE GROUND RIGHT AWAY.

YOU KNOW, I REMEMBER WHERE WE HAD STORM AFTER STORM, I THINK THAT

WAS A COUPLE OF SUMMERS AGO, YOU KNOW, RILEY AND QUINN. WE HAD

THE PROBLEM OF THEM BEING ON TOP OF EACH OTHER, AND THAT WAS A

PROBLEM AND THAT MIGHT HAVE TO BE, YOU KNOW, THERE MIGHT HAVE TO BE

NYS ASSEMBLY APRIL 26, 2021

SOME ADDRESSING OF A SITUATION LIKE THAT. BUT NORMALLY, IN A STORM

WHEN IT'S OVER, 48 HOURS LATER THERE SHOULD BE -- MOST OF THE RESTORATION

SHOULD HAVE OCCURRED.

MR. PALMESANO: YES, I -- AND I UNDERSTAND. I

THINK THE QUESTION ABOUT THE 48 HOURS COME INTO PLAY, DOES ANY OTHER

STATE USE 48 HOURS? I THINK CONNECTICUT USES 96 HOURS.

MS. PAULIN: WE DID COPY THIS BILL, WE DIDN'T GET IT

OURSELVES, I FORGET NOW WHICH STATE. AND I -- I DON'T -- I THINK -- I

THINK YOU -- I DON'T KNOW IF IT WAS 96, BUT I -- I DO THINK THEY AMENDED

IT TO BE LESS THAN 48.

MR. PALMESANO: OKAY.

MS. PAULIN: I MEAN NOT MORE THAN 48.

MR. PALMESANO: ALL RIGHT. NOW, REGARDING THE

-- THE $250, IS THERE -- DOES EVERYONE JUST BASICALLY QUALIFY FOR THAT OR

DO THEY NEED A PROVIDING SORT OF DOCUMENTATION AT ALL? OR HOW DOES

THAT EXACTLY WORK? OR DOES THE PSC HAVE TO DETERMINE THAT?

MS. PAULIN: WELL, YOU KNOW, ANYBODY THAT WOULD

STILL BE OUT, CLEARLY NOW WE'RE ALL GOING TO HAVE SMART METERS IN OUR

STATE SOON IN MOST OF THE AREAS, SO WE WILL KNOW. AND PRIOR TO THAT,

YOU KNOW -- YOU KNOW, THE -- PEOPLE REPORT OUTAGES. AND, YOU KNOW,

SO IF THEY'RE STILL OUT AFTER THAT TIME PERIOD THEY WOULD BE ENTITLED.

MR. PALMESANO: RIGHT NOW UNDER THE CURRENT

LAW TOO, AMY, DOESN'T 24 HOURS AFTER A RESTORATION PROCESS BEGINS, THE

UTILITIES MUST PROVIDE DRY ICE AND BOTTLED WATERS TO HELP WITH FOOD

SPOILAGE AND MEDICINES? AND IF THEY DON'T DO THAT, THEN THEY ARE FINED

NYS ASSEMBLY APRIL 26, 2021

-- IF THEY DON'T PROVIDE THAT WITHIN 24 HOURS, AREN'T THEY FINED BY THE

PSC?

MS. PAULIN: YES. AND UNFORTUNATELY, IN THIS LAST

STORM THAT WAS HARD AND THEY DID NOT REALLY PROVIDE, AT LEAST IN MANY

OF THE AREAS, WE LEARNED. BUT YES, THEN THEY ARE FINED.

MR. PALMESANO: SO IF THEY'RE -- IF THEY'RE

REQUIRED TO PROVIDE THE DRY ICE AND THE BOTTLED WATER, BUT NOW YOU'RE

SAYING TO -- THAT THEY HAVE TO PROVIDE THE CREDIT AND THE $25 PER DAY

THAT THE STORMAGE IS OUT, OR THE $250 CREDIT, SO THEY -- NOW, DOES THIS

ELIMINATE THAT PROVIDING THE DRY ICE OR THE BOTTLED WATER?

MS. PAULIN: SO I'LL GIVE YOU MY PERSONAL EXAMPLE

OF WHAT HAPPENED TO ME IN THIS LAST STORM. MY ELECTRICITY WENT OUT. I

THEREFORE COULDN'T OPEN MY GARAGE, I COULDN'T GET MY CAR OUT. I WAS THE

ONLY ONE HOME AND THE DOOR WAS TOO HEAVY. SO BECAUSE OF COVID I

DIDN'T WANT TO CALL A NEIGHBOR TO HELP ME. SO I DIDN'T HAVE A CAR. I

COULD NOT HAVE GOTTEN DRY ICE. ALL MY FOOD SPOILED. AND EVEN IF I HAD

GOTTEN OUT, THE DRY ICE WAS NOT AVAILABLE BECAUSE THEY DID NOT MAKE IT

AVAILABLE. SO THEY WERE PENALIZED, PERHAPS, FOR THAT, BUT IT DIDN'T HELP

MY FOOD. NOR DID I GET COMPENSATED. SO -- SO THAT'S JUST ONE EXAMPLE.

THE OTHER PART OF THE PROBLEM IS THAT THE DRY ICE IS OFTEN PROVIDED AT

VERY DISTANT FARAWAY LOCATIONS. IT'S NOT -- IT'S NOT EASY TO DRIVE ALL THE

WAY DOWN TO YONKERS OR UP TO PEEKSKILL FROM WHERE I LIVE. SO, MOST

OF THE PEOPLE IN THE MIDDLE OF THE COUNTY WOULD NOT HAVE -- WOULD NOT

GO BECAUSE OF THE -- THE DISTANCES. SO, SO THEY -- ALL OF THEIR FOOD

SPOILED, TOO.

NYS ASSEMBLY APRIL 26, 2021

MR. PALMESANO: OKAY.

MS. PAULIN: SO -- BUT CON EDISON DOES REIMBURSE.

AND I WAS REIMBURSED FOR MY FOOD. WHAT IT -- WHAT DIDN'T HAPPEN IS

MY NEIGHBORS WHO USE NYSEG, THEY DID NOT GET REIMBURSED.

MR. PALMESANO: OKAY.

MS. PAULIN: SO I JUST THINK IN THE SPIRIT OF FAIRNESS,

IN THE SPIRIT OF REASONABLENESS AND PRACTICALITY, WE KNOW WHAT HAPPENS

DURING THESE STORMS, THAT MEDICATION AND FOOD SPOILAGE SHOULD -- THERE

SHOULD BE SOME UNIFORMITY IN THE STATE.

MR. PALMESANO: ALL RIGHT. THANK YOU, AMY. I

APPRECIATE YOUR TIME, I KNOW YOUR INTENTIONS BEHIND THE BILL.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

PALMESANO.

MR. PALMESANO: YEAH. I KNOW -- I WAS GOING TO

GET IN AN ADDITIONAL QUESTION. I THINK WHAT -- WHEN -- IF WE'RE LOOKING

THIS AS A WAY TO GO, I THINK THAT IT'S BEST PROBABLY TO GO THROUGH THE

PSC PROCEEDINGS, WE'RE GOING TO GET EVERYONE IN AGREEMENT ON THE

BEST WAY TO MOVE FORWARD. BUT, AGAIN, I HAD INTEND -- EXPENSE --

INTENTIONS BEHIND THE SPONSOR, AND AFTER THE STORMS OF LAST SUMMER WE

HAVE TO BE LOOKING TO DO MORE TO HELP. THESE EMERGENCY EVENTS, THESE

SUPERSTORMS, THESE -- WHAT -- IF THEY COME ABOUT FROM POWER OUTAGE OR

EARTHQUAKES, THESE ARE SIGNIFICANT ACTS OF GOD. IT'S NOT THE UTILITIES'

FAULT FOR THAT HAPPENING. SO YES, THEY NEED TO WORK TO RESTORE AS SAFELY

AND QUICKLY AS POSSIBLE. THAT'S WHAT WE WANT THEM TO DO. I REMEMBER

NYS ASSEMBLY APRIL 26, 2021

-- AND THAT'S WHAT THEY DO DO, THEY TRY THEIR BEST TO DO THAT.

I REMEMBER LAST YEAR AFTER THE -- THE STORM, 24 HOURS

AFTER THE GOVERNOR WAS DOING A PRESS OP AND HE OUT -- HE WENT OUT

THERE AND CRITICIZED THEM FOR NOT DOING THEIR JOBS AND NOT GETTING IT

DONE. AND I REMEMBER AT THAT -- THE PUBLIC HEARING WE HELD, THAT

LASTED 13-AND-A-HALF HOURS TALKING TO THE UNION WORKERS AND HE SAID --

THE GOVERNOR MAKING THAT STATEMENT SAYING THEY'RE NOT DOING THEIR JOBS

WAS REALLY DEMORALIZING TO THEM, AND WHEN THEY -- HERE THEY ARE OUT

WORKING A VERY DANGEROUS PROCESS TRYING TO MAKE IT SAFE AND LOOKING

AT HOT WIRES TO MAKE IT SAFER FOR PEOPLE. I UNDERSTAND WE HAVE -- THERE

WAS A LOT OF QUESTIONS AND CONCERNS THAT CAME ABOUT AFTER THAT STORM,

AND I GET THAT, AND THAT'S WHY YOU HAVE AN INVESTIGATIVE REVIEW

PROCESS. OF COURSE THERE'LL BE FINES I'M SURE FROM THIS, THAT'S WHERE THE

PSC AND THE FOLLOW-UP COMES FROM THAT, THEN MAYBE THEY MAKE

ADJUSTMENTS. BUT CURRENTLY UNDER THE CURRENT LAW THERE IS A STORM COST

RECOVERY PROCESS THAT'S BEEN IN PLACE, SO THESE UTILITIES, WHEN THERE ARE

STORM COSTS -- WE'RE NOT LOOKING TO PUT THESE ADDITIONAL COSTS ON,

WHETHER IT'S THESE CREDITS BASED ON THE NUMBER OF RESIDENTS WHO ARE

IMPACTED OR BUSINESSES ARE IMPACTED. YOU KNOW, THEY'RE OUT THERE

WITH OTHER COSTS AS WELL. AGAIN, MAKING IT SAFE, DEALING WITH THE HOT

WIRES, DEALING WITH THE MAN HOURS WORKED, THE INFRASTRUCTURE

REPLACEMENT AND IMPROVEMENT. THAT'S ALL PART OF THE RATEMAKING

PROCESS, EVERY THREE TO FIVE YEARS THAT -- THOSE STORM COSTS CAN BE

INCLUDED IN THAT.

SO WHY -- IF WE'RE GOING TO DO THAT, WHY WOULD THEY

NYS ASSEMBLY APRIL 26, 2021

-- THESE COSTS NOT BE INCLUDED AS PART OF THAT RATEMAKING PROCESS

BECAUSE IT'S DUE TO A STORM, IT'S DUE TO A SIGNIFICANT EVENT, WHICH ISN'T

THEIR FAULT, SO THEY'RE TRYING TO ACT AND -- AND ADJUST THAT FROM THAT

PERSPECTIVE. I THINK THERE'S SOME OTHER QUESTIONS AGAIN REGARDING THE

48 HOUR PERIOD, YOU KNOW, WHETHER THAT'S TOO QUICK OR NOT, THE -- AND

-- AND WHETHER IT HAPPENS AT THE -- AFTER THE OUTAGE OR WHEN THE

RECOVERY PROCESS HAPPENS. YOU KNOW, AND I THINK WITH THE -- YOU

KNOW, THE $25 PER DAY OR $250 CREDIT, IS THERE ANY KIND OF PROOF OR

AUTHORIZATION OR SHOWING THAT THE PEOPLE ARE ELIGIBLE FOR THAT, I THINK

WE NEED TO LOOK AT THAT. AND WHETHER PROVIDING -- REQUIRED UNDER THE

LAW TO PROVIDE BOTTLED WATER AND DRY ICE, AND I THINK IF WE'RE LOOKING

TO DO ONE, WE SHOULD LOOK TO MODIFY OR FIGURE OUT A BETTER WAY. AND

THAT'S WHY I THINK THE RATEMAKING PROCESS COMES INTO PLAY.

AGAIN, AND I UNDERSTAND THE INTENT, WHAT WE'RE TRYING

TO DO HERE TO HELP. I UNDERSTAND A LOT OF PEOPLE WILL VOTE FOR THIS BILL, I

GET THAT, IT MAKES SENSE. BUT I THINK IT'S REALLY LOOKING AT THE DETAILS OF

THIS AND IF WE COULD DO IT A BETTER WAY, AND WORK THROUGH THE PROCESS,

WORK WITH THE PSC THROUGH THE PROCEEDINGS WITH THE STAKEHOLDERS SO

THEY CAN COME TOGETHER AND AGREE UPON, AS IT OFTEN HAPPENS WHEN PSC

GOES THROUGH PROCEEDINGS. WE ABSOLUTELY HAVE TO WORK ON IMPROVING

AND RESILIENCY OF OUR INFRASTRUCTURE, THAT'S A VERY CRITICAL PIECE. THAT'S

SOMETHING THAT COSTS DOLLARS. THAT NEEDS TO BE IMPROVED. THAT NEEDS

TO BE A PART OF THIS DISCUSSION AS WELL. AND I THINK ALL THESE THINGS

NEED TO BE TAKEN INTO CONSIDERATION AS (INAUDIBLE).

SO HOPEFULLY THE SPONSOR WILL LOOK AT SOME OF THESE

NYS ASSEMBLY APRIL 26, 2021

THINGS AS WE MOVE FORWARD, WHETHER IT'S THE TIME FRAME, WHETHER IT'S

SOME OF THESE OTHER AREAS, AND I'M HOPING THE PSC WILL LOOK AT THIS AS

WELL. I JUST THINK WE HAVE TO LOOK AT THIS PROCESS. I THINK OFTEN -- TOO

OFTEN I SEE HOW -- WHAT'S GOING ON WITH THIS PROCESS IS IT'S MORE OF A

LET'S PENALIZE OR LET'S -- NOT ENOUGH WORKING TOGETHER, ESPECIALLY IN

SITUATIONS LIKE THIS WHEN THERE'S AN EMERGENCY, WHEN THERE'S A TRAVESTY

LIKE WE SAW, THERE NEEDS TO BE A COLLABORATION IN COMING TOGETHER.

AND I THINK THAT'S A BETTER APPROACH TO CONTINUE TO DO. AND I THINK IF

WE'RE GOING TO LOOK AT THIS TYPE OF SYSTEM, LET'S WORK WITH THE PSC TO

DEVELOP IT. LET'S LOOK AT WHAT WE'RE DOING NOW AND WHAT NEEDS TO BE

MODIFIED. BUT THOSE COSTS, WHATEVER THEY MAY BE, ARE PART OF THE

WHOLE COST OF THE STORM RECOVERY, FROM THE EQUIPMENT TO ALL OF THIS.

THAT SHOULD BE TAKEN INTO CONSIDERATION. I -- I THINK JUST TO SAY THAT

THERE CAN'T BE ANY RECOVERY OF IT, I DON'T KNOW HOW YOU CAN DO THAT

NECESSARILY WHEN IT'S PART OF THE PROCESS. I DON'T KNOW IF THEY WILL LOOK

AT DOING BUSINESS INTERRUPTION INSURANCE IF THAT HAPPENS. IF -- IF THEY

CAN'T GET IT ON THE OTHER SIDE, THEY COULD PROBABLY DO THAT FROM THAT

PERSPECTIVE. I JUST THINK THERE'S A FEW MORE THINGS TO LOOK AT HERE FROM

THIS PERSPECTIVE.

I GET THE INTENTION BEHIND THE BILL. I GET THE INTENTION

OF THE SPONSOR. WHAT HAPPENED LAST SUMMER WAS DEVASTATING, WE

NEEDED TO DO -- THERE NEEDS TO BE MORE OF A -- A BETTER APPROACH IN

WORKING AND DEALING WITH THESE STORMS AND -- AND GIVEN THE RESOURCES

THAT NEED TO BE DONE. SO, BECAUSE OF THE QUESTIONS, YOU KNOW, AND

SOME OF THE CONCERNS I HAVE THAT I'D LIKE TO SEE BE IMPLEMENTED AS WE

NYS ASSEMBLY APRIL 26, 2021

MOVE FORWARD WITH THIS ISSUE, I'M GOING TO BE VOTING IN THE NEGATIVE.

BUT I DO UNDERSTAND THERE'LL BE SOME YES VOTES ON THIS BILL AS WELL, SO I

JUST HOPE WE COULD TAKER THIS AS A MORE COLLABORATIVE APPROACH

WORKING TOGETHER -- WORKING TOGETHER RATHER THAN MORE PENALTY AND --

AND FINGER-POINTING. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL.

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

YIELD?

ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU

YIELD?

MS. PAULIN: I'D BE HAPPY TO.

MR. GOODELL: THANK YOU VERY MUCH, MS. PAULIN.

FOLLOWING UP A LITTLE BIT ON MY COLLEAGUE'S QUESTION. ON THE $250,

THAT'S A FLAT AMOUNT? IT'S NOT BASED ON THE DOCUMENTED LOSS; IS THAT

CORRECT?

MS. PAULIN: NO, YOU KNOW, I WAS -- I WAS

WONDERING THAT MYSELF LAST NIGHT WHEN I WAS REREADING THE BILL. I

BELIEVE THAT YOU COULD -- YOU COULD READ SO THAT -- BECAUSE IT SAYS, YOU

KNOW, IT DOES SAY IN THE AGGREGATE. BUT I -- I WOULD THINK THAT THERE

WOULD STILL BE SOME FLEXIBILITY TO PROVE LOSS. YOU KNOW, THAT -- WE

MEANT TO IMPLY, AND I'LL JUST SAY ON THE RECORD ON THE FLOOR HERE, THAT

THAT WOULD BE THE -- THE MAXIMUM AMOUNT.

MR. GOODELL: AND I APPRECIATE THOSE COMMENTS

AND IF WE GET AN OPPORTUNITY TO ADDRESS THAT, WHETHER THROUGH A

NYS ASSEMBLY APRIL 26, 2021

CHAPTER AMENDMENT OR OTHERWISE, I WOULD CERTAINLY ENCOURAGE IT TO

ELIMINATE ANY OF THAT CONFUSION. AFTER SUPERSTORM SANDY,

APPROXIMATELY HOW MANY CUSTOMERS WERE WITHOUT POWER 24 HOURS

LATER?

MS. PAULIN: OH, YOU'RE ASKING ME A QUESTION THAT I

WOULD HAVE TO LOOK UP AND I DON'T -- BECAUSE I DON'T KNOW OFF THE TOP

OF MY HEAD. MAYBE --

MR. GOODELL: AM I CORRECT, THOUGH, THAT VIRTUALLY

ALL THE CUSTOMERS ON LONG ISLAND AND MOST OF THE CUSTOMERS IN CONED

SERVICE AREA WERE WITHOUT POWER?

MS. PAULIN: I WOULDN'T SAY MOST BUT I WOULD SAY

SIGNIFICANT NUMBER, PROBABLY MORE THAN HALF.

MR. GOODELL: SO, AS YOU KNOW, CONED HAS 3.3

MILLION CUSTOMERS AND THE LONG ISLAND POWER AUTHORITY HAS 1.1, SO

COMBINED THEY HAVE 4.4 MILLION CUSTOMERS. SO, IF THIS BILL WERE IN

PLAY, YOU HAVE --

MS. PAULIN: WELL, JUST LET ME -- LET ME JUST STOP

YOU THERE BECAUSE CON EDISON'S CUSTOMERS THROUGHOUT THE CITY, WITH

THE EXCEPTION OF VERY FEW AREAS, NEW YORK CITY, ARE UNDERGROUND. SO

THEY DON'T GO OUT IN A STORM. IT'S ONLY THE ABOVEGROUND CUSTOMERS THAT

GO OUT, WHICH IS THE HUDSON VALLEY AND WESTCHESTER, AND A LITTLE PART

OF BROOKLYN AND QUEENS AND THE BRONX.

MR. GOODELL: AS YOU KNOW, OF COURSE, CONED'S

DISTRICT GOES BEYOND NEW YORK CITY, RIGHT? I THINK YOU MENTIONED

THAT IT COVERS WESTCHESTER --

NYS ASSEMBLY APRIL 26, 2021

MS. PAULIN: NO, NO. AND WE ALL ARE ABOVEGROUND

AND WE ALL GO OUT. THERE'S A MILLION -- THERE'S ROUGHLY A MILLION

RESIDENTS IN WEST -- WESTCHESTER.

MR. GOODELL: AND AM I CORRECT UNDER

SUPERSTORM SANDY THEY HAD A CONSIDERABLE AMOUNT OF SALTWATER

FLOODING FROM THE STORM SURGE THAT AFFECTED THEIR UNDERGROUND LINES?

MS. PAULIN: I DON'T -- IN SANDY, ABSOLUTELY, YES.

NOT -- NOT SUBSEQUENTLY. AND ACTUALLY, THROUGH THE RATE HEARINGS THAT

PHIL WAS TALKING ABOUT, THEY DID APPLY FOR STORM HARDENING MONEY AND

THEY ADDRESSED MOST OF THOSE.

MR. GOODELL: IS THERE ANYTHING IN THIS BILL THAT

WOULD AFFECT THE ABILITY OF A UTILITY TO BUY BUSINESS INTERRUPTION

INSURANCE OR SOMETHING COMPARABLE?

MS. PAULIN: NO. THERE -- THERE'S NOTHING IN THE

BILL THAT ADDRESSES INSURANCE AT ALL.

MR. GOODELL: AND IF THEY WERE TO BUY BUSINESS

INTERRUPTION INSURANCE JUST LIKE THEY HAVE INSURANCE ON ALL THEIR

VEHICLES AND OTHER PROPERTY AND CASUALTY INSURANCE, AM I CORRECT THAT

THOSE INSURANCE PREMIUMS WOULD THEN BE INCLUDED IN THE RATE BASE?

MS. PAULIN: YES, I -- I WOULD IMAGINE THAT THEY

WOULD BE INCLUDED IN THE RATE BASE.

MR. GOODELL: THANK YOU VERY MUCH. AND AS

ALWAYS, I -- I REALLY APPRECIATE YOUR DIRECT STRAIGHTFORWARD ANSWERS, IT

REALLY HELPS US UNDERSTAND THIS BILL. THANK YOU SO MUCH, MS. PAULIN.

ON THE BILL, SIR.

NYS ASSEMBLY APRIL 26, 2021

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: ON THE SURFACE THIS BILL SOUNDS LIKE

A GREAT BILL THAT IF YOUR UTILITY COMPANY CAN'T RESTORE SERVICE WITHIN 24

HOURS THEN YOU GET $25 A DAY AS A CREDIT AND UP TO $250 FOR LOST FOOD

OR -- OR MEDICINE. AND TO TOP IT ALL OFF, THIS BILL PROVIDES THAT ANY COSTS

INCURRED BY THE UTILITY COMPANY PURSUANT TO THIS SECTION SHALL NOT BE

RECOVERABLE FROM THE RATEPAYERS. THERE'S THAT OLD SAYING, IF IT'S TOO

GOOD TO BE TRUE, IT PROBABLY IS TOO GOOD TO BE TRUE. THE PROBLEM IS

THAT THIS OBLIGATION ON THE PART OF UTILITY COMPANIES TO PAY ITS

CUSTOMERS WHEN IT CAN'T PROVIDE SERVICE IS TRIGGERED BY STORMS, HIGH

HEAT EVENTS, EARTHQUAKES, WILDFIRES AND OTHER CAUSES, ALL OF WHICH ARE

OUTSIDE THE CONTROL OF THE UTILITY. IMAGINE A BUSINESS MODEL WHERE WE

SAY TO THE COMPANY THAT IF YOU CAN'T SELL YOUR SERVICES YOU HAVE TO PAY

YOUR CUSTOMERS. EVEN IF YOU CAN'T SELL YOUR SERVICES BECAUSE OF EVENTS

THAT ARE COMPLETELY OUTSIDE YOUR CONTROL. THAT'S A UNIQUE BUSINESS

MODEL THAT HAS SO MANY PRACTICAL ISSUES.

TO PUT IT IN PERSPECTIVE, IF CONED FOR SOME REASON

LOST POWER, IT HAS 3.3 MILLION CUSTOMERS, AT THE END OF 24 HOURS, THIS

BILL WOULD SUBJECT THEM TO LIABILITY IN THE RANGE OF A BILLION DOLLARS.

FOR THE LONG ISLAND POWER AUTHORITY, IN TEN DAYS THEIR LIABILITY WOULD

BE A HALF A BILLION DOLLARS. IN THE MEANTIME, THE UTILITY IS DOING

EVERYTHING IT CAN TO RESTORE SERVICE AS FAST AS IT CAN SO IT CAN RESTORE ITS

INCOME STREAM, BECAUSE IT DOESN'T SELL POWER WHEN IT CAN'T DELIVER

POWER. AND SO, IN THE EVENT OF A HORRIFIC STORM OR EARTHQUAKE OR

NYS ASSEMBLY APRIL 26, 2021

WILDFIRE, THE UTILITY IS SPENDING A LOT OF MONEY. ALL OF THEIR STAFF ARE

WORKING OVERTIME. THEY'RE DOING EVERYTHING THEY CAN AND EXPENDING

TREMENDOUS AMOUNTS OF MONEY TO RESTORE SERVICE. AND THEN ON TOP OF

THAT, WE ASK THEM TO PAY THE CUSTOMERS CASH EVEN THOUGH THE

CUSTOMERS -- I MEAN PAY THE CUSTOMERS CASH BECAUSE IT CAN'T PROVIDE --

CAN'T SELL THEM ELECTRICITY.

NOW, IF THERE'S ANYONE IN THIS CHAMBER THAT ACTUALLY

THINKS THAT ALL THAT CASH ISN'T GOING TO AFFECT YOUR RATES, THINK AGAIN.

THERE'S NO WAY A UTILITY CAN SPEND A HALF A BILLION DOLLARS ON TOP OF THE

COST OF REPAIRS AND NOT RECOUP THE MONEY. IF THEY DON'T ACTUALLY RECOUP

THE MONEY, THEN THEY'RE GOING TO BE A HALF A BILLION DOLLARS SHORT IN TEN

DAYS AND THAT'S GOING TO AFFECT THEIR ABILITY TO CONTINUE THEIR CAPITAL

INVESTMENT PROGRAM THAT WE ALL WANT THEM TO DO SO THAT WE HAVE

SERVICE FREE RELIABILITY GOING INTO THE FUTURE. AND GOD HELP US IF

CONED WERE TO LOSE POWER LIKE THEY DID IN SUPERSTORM SANDY WHEN

SALT WATER FLOODED SOME OF THE UNDERGROUND LINES WHERE THEY COULD

LOSE A BILLION DOLLARS IN LESS THAN A WEEK.

MY COLLEAGUE MENTIONED ONE WAY THE UTILITY

COMPANIES MIGHT ADDRESS THIS. AND THAT IS, THEY MIGHT BUY BUSINESS

INTERRUPTION INSURANCE. AND AS MY COLLEAGUE, THE SPONSOR, NOTED, THAT

INSURANCE COULD BE INCLUDED IN YOUR RATE BASE. AT THE END OF THE DAY,

MY FRIENDS, NO MATTER WHAT WE SAY HERE, AT THE END OF THE DAY, THE

RATEPAYERS ALWAYS PAY BECAUSE THERE'S NO OTHER CHOICE. SO LET'S NOT BE

FOOLED. WHEN WE SAY WE WANT THE UTILITY COMPANY TO START PAYING ALL

OF ITS CUSTOMERS $25 A DAY BECAUSE THEY CAN'T SELL THEM A PRODUCT, PLUS

NYS ASSEMBLY APRIL 26, 2021

UP TO $250 FOR WHATEVER MIGHT BE IN THEIR REFRIGERATOR, AND YOU'D BE

AMAZED HOW MANY HIGH-PRICE STEAKS WILL BE IN REFRIGERATORS AFTER THIS

EVENT, IT'S GOING TO COST CUSTOMERS A LOT OF MONEY. AND THAT MEANS THE

ALREADY HIGH RATES ON LONG ISLAND AND IN NEW YORK CITY AND IN

WESTCHESTER AND THROUGHOUT THE STATE, ARE GOING TO BE EVEN HIGHER AS

THOSE COSTS IN ONE WAY OR THE OTHER ARE PASSED ON TO US. AND IF THEY

CAN'T BE PASSED ON TO US, WE'RE GOING TO SEE THE RESULTS AND LOWER

CAPITAL INVESTMENTS, LOWER MAINTENANCE AND LOWER LONG-TERM

RELIABILITY.

SO WHILE I APPRECIATE THE EFFORTS, AND I'D LOVE TO GET

CHECKS FROM MY UTILITY COMPANY WHEN I DON'T HAVE TO BUY ANYTHING

FROM THEM. IT WOULD BE GREAT, BY THE WAY, IF I GOT CHECKS FROM OTHER

CUSTOMERS THAT ARE -- OTHER RETAILERS WHEN I DIDN'T BUY A PRODUCT FROM

THEM. BUT AT THE END OF THE DAY, THERE IS NO FREE RIDE AND WE WILL PAY

AND IT WILL HURT OUR SENIOR CITIZENS AND EVERYONE ELSE WHO IS ON A FIXED

INCOME, OUR FAMILIES THAT ARE STRUGGLING TO PAY THEIR ELECTRIC BILL, IT'S ALL

GOING TO COME BACK AND HURT THEM. AND FOR THAT REASON, I WILL BE

OPPOSING IT. BUT THANK YOU AGAIN TO THE SPONSOR FOR HER FORTHRIGHT

ANSWERS. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

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

DAY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON ASSEMBLY PRINT 3360. THIS IS A PARTY VOTE. ANY MEMBER

WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION

NYS ASSEMBLY APRIL 26, 2021

IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS

PREVIOUSLY PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED, BUT THOSE WHO SUPPORT THIS

LEGISLATION SHOULD CALL THE MINORITY LEADER'S OFFICE SO WE CAN MAKE

SURE WE PROPERLY RECORD YOUR VOTE. THANK YOU VERY MUCH, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. MAJORITY COLLEAGUES WILL GENERALLY BE IN THE AFFIRMATIVE ON

THIS ONE. SHOULD MEMBERS DECIDE TO BE AN EXCEPTION, THEY SHOULD FEEL

FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND YOUR VOTE WILL BE

PROPERLY RECORDED.

ACTING SPEAKER AUBRY: THANK YOU, MRS.

PEOPLES-STOKES.

MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: THANK YOU, MR. SPEAKER, TO EXPLAIN MY

VOTE VERY BRIEFLY. I WOULD JUST LIKE TO POINT OUT THAT IN 2019, THE DATE

MOST AVAILABLE -- MOST CURRENT DATE AVAILABLE, PRESIDENT OF CONED WAS

MAKING 2.6 MILLION IN COMPENSATION WHILE THE CHAIR AND CEO WAS

MAKING 8.9 MILLION, SENIOR VICE-PRESIDENT AND GENERAL COUNSEL WAS

MAKING 1.9 MILLION AND THE SENIOR VICE-PRESIDENT AND CFO WAS

MAKING 3.4 MILLION. SO, BEFORE WE GET OUT OUR VIOLIN FOR CONED AND

NYS ASSEMBLY APRIL 26, 2021

OTHER UTILITIES, THEIR COMPENSATION PACKAGES DEMONSTRATE THAT THEY

HAVE SUBSTANTIALLY MORE ON HAND THAN -- THAN MANY OF THEIR CUSTOMERS.

I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

MR. BYRNE TO EXPLAIN HIS VOTE.

MR. BYRNE: THANK YOU, MR. SPEAKER. TO EXPLAIN

MY VOTE. I JUST WANT TO COMMEND THE SPONSOR ON THIS BILL. I HAVE GREAT

RESPECT FOR ALL OF MY COLLEAGUES THAT WERE ASKING QUESTIONS ABOUT THIS

BILL, THEY -- THEY RAISED SOME VERY GOOD POINTS. BUT THE SPONSOR OF THE

BILL ACTUALLY WORKED EXTREMELY HARD I THINK WITH A GROUP CALLED UNITED

WESTCHESTER, IT STARTED WITH OUR FORMER COLLEAGUE DAVID BUCHWALD

SEVERAL YEARS BACK AFTER SOME OTHER EARLIER STORMS IN THE HUDSON

VALLEY THAT RAVAGED OUR AREA. AND QUITE FRANKLY, LIKE SO MANY OF MY

COLLEAGUES FROM THE AREA, I'M SICK AND TIRED OF HAVING HEARINGS AFTER

HEARINGS AND HEARING THE SAME EXACT FEEDBACK FROM OUR CONSTITUENTS TO

PEOPLE THAT WE -- WE SERVE, AND PEOPLE CRAVE ACTION. I THINK THIS DOES

THAT, SO I WILL BE VOTING IN THE AFFIRMATIVE AND I THANK THE SPONSOR FOR

HER WORK ON THIS INITIATIVE.

ACTING SPEAKER AUBRY: MR. BYRNE IN THE

AFFIRMATIVE.

MR. ABINANTI TO EXPLAIN HIS VOTE.

MR. ABINANTI: THANK YOU, MR. SPEAKER. I WANT

TO URGE MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE ON THIS LEGISLATION.

MS. PAULIN CARRIED A -- THE -- THE BURDEN OF PUTTING TOGETHER A SERIES OF

NYS ASSEMBLY APRIL 26, 2021

HEARINGS OR MEETINGS WITH UTILITIES AND CONSUMERS AND OTHER INTERESTED

PARTIES IN WESTCHESTER COUNTY AS WE WERE REVIEWING WHAT HAD

HAPPENED AS A RESULT OF THE VARIOUS STORMS OVER THE LAST FEW YEARS. MY

CONCLUSION FROM ALL OF THAT WORK IS THAT WHAT WE SAW WAS MANAGEMENT

FAILURES. WE SAW A COMPANY LIKE CON EDISON HAVE OVERRELIANCE ON

WHAT THEY CALL MUTUAL AID. BECAUSE IT'S TOO EXPENSIVE TO THEM TO HAVE

THE PEOPLE ON -- ON STAFF WHO CAN RESPOND QUICKLY. SO, INSTEAD THEY

HAD TO RELY ON THOSE WHO WERE COMING FROM VARIOUS OTHER PARTS OF THE

COUNTRY, AND OF COURSE THOSE WORKERS WERE NOT ON -- ON HAND,

ESPECIALLY IN EVENTS WHICH WERE BROADER THAN JUST LOCALIZED IN OUR

METROPOLITAN AREA. AND SO, THEY MAY -- THESE UTILITIES MADE A

CONSCIOUS DECISION THAT THEY WERE GOING TO VALUE THE COST TO THE

COMPANY OVER THE SAFETY OF -- OF OUR RESIDENTS. AND SO I BELIEVE THAT

THIS LEGISLATION IS APPROPRIATE, IT IS USING THE CAPITALISTIC SYSTEM TO PROD

THESE COMPANIES TO MAKE THE RIGHT DECISION, AND TO PENALIZE THEM IF

THEY MAKE THE WRONG DECISION FOR THE WRONG REASONS. SO, THEY SHOULD

NO LONGER RELY ONLY ON MUTUAL AID, THEY SHOULD PROPERLY STAFF. AND IF

THEY DON'T, AND OUR RESIDENTS ARE -- ARE INJURED AS A RESULT OF THEIR BAD

DECISIONS, THEN THOSE RESIDENTS WILL BE COMPENSATED FOR THE LOSS. I

THINK THIS IS A GOOD PIECE OF LEGISLATION. I URGE ALL OF MY COLLEAGUES TO

SUPPORT IT.

ACTING SPEAKER AUBRY: MR. ABINANTI IN THE

AFFIRMATIVE.

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. I APPRECIATE VERY

NYS ASSEMBLY APRIL 26, 2021

MUCH THE -- THE SPONSOR'S DESIRE AND THE COMMENTS THAT HAVE BEEN

MADE. I WOULD WANT TO POINT OUT THAT THE PUBLIC SERVICE COMMISSION

CLOSELY REGULATES THE PROFITABILITY OF THE UTILITIES. AND SO, UNLIKE OTHER

ENTITIES THAT CAN SIMPLY RAISE THEIR PRICE AND EARN AN UNUSUAL RATE OF

RETURN, THE RATE OF RETURN ON UTILITIES IS ALSO CLOSELY REGULATED. SO IF WE

AS A LEGISLATURE WANT UTILITIES TO RELY ON PAID STAFF AND STAFF FOR A MAJOR

EVENT, WELL, THAT CAN HAPPEN OF COURSE. AND THE PUBLIC SERVICE

COMMISSION WILL THEN AUTHORIZE A RATE INCREASE, AND WE ALL PAY FOR IT.

AND SO IT'S NOT LIKE THERE'S TWO SEPARATE ENTITIES, THE TAXPAYER AND THE

UTILITY. THEY'RE, WHEN IT COMES TO FINANCING UNDER A VERY TIGHT

REGULATORY SCHEME, REALLY ONE IN THE SAME. THE AMOUNT OF PROFIT THE

UTILITY GETS IS REGULATED, AND IT'S REFLECTED IN THE UTILITY RATES. SO IF WE

WANT THE COMPANY TO SPEND A LOT MORE MONEY WE CAN DO THAT AS A

LEGISLATURE, AND SURE ENOUGH, WE'LL GET THE BILL FOR IT. THAT'S THE WAY

THE SYSTEM WORKS. SO LET'S NOT PRETEND THAT THERE'S A BIG BAG OF GOLD

UNDERNEATH THE UTILITIES POWER PLANT PROTECTED BY UNCLE SCROOGE. AT

THE END OF THE DAY, IT'S EACH OF US RATEPAYERS THAT PAY. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MR. GOODELL.

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

COLLEAGUES IN THE AFFIRMATIVE ON THIS BILL: MR. TANNOUSIS, MR. SCHMITT,

MR. REILLY, MR. RA, MR. MONTESANO, MS. MILLER, MR. MIKULIN, MR.

MIKE LAWLER, MR. GIGLIO -- NO. MS. GIGLIO AND MR. GIGLIO, SPELLED THE

SAME. MR. GANDOLFO, MR. DURSO, MR. DESTEFANO, MR. BYRNE, MR.

NYS ASSEMBLY APRIL 26, 2021

BROWN, AND MR. MCDONOUGH. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 4 -- PAGE 21, CALENDAR NO. 217, I'M SORRY.

THE CLERK: SENATE BILL NO. S04201-A, CALENDAR

NO. 217, SENATOR SAVINO (A04063-A, ABBATE, ZEBROWSKI, BARRON,

COLTON, GALEF.) AN ACT TO AMEND THE CIVIL SERVICE LAW, IN RELATION TO

PROHIBITING PUBLIC EMPLOYERS FROM RETALIATING AGAINST EMPLOYEES FOR

ABSENCES RELATED TO COVID-19.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR...

MR. ABBATE: I'M HERE.

ACTING SPEAKER AUBRY: MR. --

MR. ABBATE: SURE. THIS BILL WOULD BASICALLY

AMEND THE CIVIL SERVICE LAW TO PROHIBIT PUBLIC EMPLOYEES FROM

TAKING ANY ACTION AGAINST EMPLOYEES WHO CALL IN ABSENT OR ABSENTEE

COVID-19.

ACTING SPEAKER AUBRY: THANK YOU, MR.

ABBATE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. WOULD MR. ABBATE

YIELD?

MR. ABBATE: YES.

NYS ASSEMBLY APRIL 26, 2021

ACTING SPEAKER AUBRY: MR. ABBATE YIELDS.

MR. GOODELL: THANK YOU, MR. ABBATE. AS I

UNDERSTAND IT, LAST YEAR WE PASSED LEGISLATION GRANTING VARIOUS RIGHTS TO

EMPLOYEES IN RESPONSE TO THE COVID EMERGENCY, INCLUDING THE RIGHT

TO TAKE TIME OFF FROM WORK FOR QUARANTINING OR TESTING OR TREATMENT

RELATED TO COVID. AND AM I CORRECT THAT WHILE EMPLOYERS -- SOME

PUBLIC EMPLOYERS HAVE BEEN HONORING IT, SOME PUB -- ALL PUBLIC

EMPLOYERS AS FAR AS WE KNOW HAVE BEEN HONORING THAT LAW. BUT SOME

PUBLIC EMPLOYERS HAVE BEEN MAKING THE NOTATION IN THE PERSONNEL

RECORDS NOTING THAT THERE WAS A -- AN ABSENCE OR A CHRONIC ABSENCE; IS

THAT CORRECT?

MR. ABBATE: THAT IS CORRECT.

MR. GOODELL: AND AM I CORRECT, THEN, THAT WHAT

THIS LEGISLATION IS INTENDED TO SAY IS THAT IN ADDITION TO COMPLYING WITH

EVERYTHING WE PASSED LAST YEAR, A PUBLIC EMPLOYER CANNOT MAKE THOSE

TYPES OF NEGATIVE PERSONNEL COMMENTS --

MR. ABBATE: YEAH. BASIC --

MR. GOODELL: -- AM I RIGHT?

MR. ABBATE: YEAH. BASICALLY, IT DOESN'T, YOU

KNOW, EXTEND ANY RIGHTS. WHAT YOU'RE BASICALLY DOING IS TRYING TO

REALLY SAY THAT THEY SHOULD BE FOLLOWING THE LAW TO -- YOU KNOW, TO THE

T AND MAKING SURE THEY PUT NOTHING IN THE REPORT OR TAKE ANY ACTION

AGAINST THEM -- NOT ONLY ARE THEY DOING A -- PUTTING IN A REPORT, THEY

MIGHT GIVE THEM A DIFFERENT ASSIGNMENT WHEN THEY COME BACK AND ALL,

SO NOT TO TAKE ANY ACTION AGAINST THE EMPLOYEE FOR TAKING OFF TIME

NYS ASSEMBLY APRIL 26, 2021

WHETHER TO QUARANTINE, OR JUST ILL FOR A COUPLE OF DAYS.

MR. GOODELL: THANK YOU VERY MUCH, MR.

ABBATE, I APPRECIATE OUR COMMENTS.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I APPRECIATE THE -- MR. ABBATE'S

LEGISLATION HERE. I -- I WILL BE SUPPORTING IT. I ESPECIALLY APPRECIATE HIS

COMMENTS CLARIFYING THAT THIS WAS NOT INTENDED TO GRANT NEW RIGHTS THAT

AREN'T ALREADY IN PLACE, BUT RATHER, TO MAKE IT'S ABSOLUTELY CLEAR THAT THE

EXERCISE OF THE EXISTING RIGHTS, INCLUDING WHATEVER MIGHT BE UNDER

COLLECTIVE BARGAINING OR -- OR WHAT WE PASSED LAST YEAR, CANNOT RESULT

IN ANY NEGATIVE ACTION AGAINST THE EMPLOYEE. AND FOR THAT REASON, I

WILL BE SUPPORTING THIS LEGISLATION. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE ON SENATE PRINT 420A -- 01-A. THIS IS A FAST ROLL CALL. ANY

MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO

CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY

PROVIDED.

(THE CLERK RECORDED THE VOTE.)

MR. ABBATE TO EXPLAIN HIS VOTE.

MR. ABBATE: YES, I -- I'M SORRY, MR. GOODELL, THAT

NYS ASSEMBLY APRIL 26, 2021

I FORGOT TO MENTION, LAST TIME WE DEBATED A BILL YOU WERE A LITTLE

NERVOUS ON THE COVID DEATH MARRIAGE BENEFITS, THAT YOU WERE WORTH

MORE DEAD THAN ALIVE, YOU WERE WORRIED ABOUT YOUR WIFE, AND I'M JUST

HAPPY TO SEE YOU'RE STILL HERE WITH US.

(LAUGHTER)

MR. GOODELL: THANK YOU, MR. ABBATE.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

COLLEAGUE, MR. DIPIETRO, OPPOSED TO THIS LEGISLATION. THANK YOU, SIR.

ACTING SPEAKER AUBRY: SO NOTED.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU

HAVE ANY HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE BOTH, MRS.

PEOPLES-STOKES. ONE MINUTE WHILE I SIGN THE BILL.

HOUSEKEEPING. ON BEHALF OF MR. PRETLOW, BILL NO.

A-5765-A, ASSEMBLY BILL RECALLED FROM THE SENATE. THE CLERK WILL

READ THE TITLE OF THE BILL.

THE CLERK: AN ACT TO AMEND THE RACING,

PARI-MUTUEL WAGERING AND BREEDING LAW.

ACTING SPEAKER AUBRY: MOTION TO RECONSIDER

THE VOTE BY WHICH THE BILL PASSED THE HOUSE. THE CLERK WILL RECORD THE

NYS ASSEMBLY APRIL 26, 2021

VOTE.

(THE CLERK RECORDED THE VOTE.)

THE CLERK WILL ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE

RECEIVED AND ADOPTED.

WE HAVE A FEW FINE RESOLUTIONS WHICH WE WILL TAKE UP

WITH ONE VOTE. ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED NO -- OH, I'M SORRY.

THAT IS RESOLUTION NO. 185, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 185, MS.

SOLAGES. LEGISLATIVE RESOLUTION MOURNING THE DEATH OF HAMMERIN'

HANK AARON, LONGSTANDING HOME RUN KING FOR MAJOR LEAGUE BASEBALL,

ROLE MODEL AND HUMANITARIAN.

ACTING SPEAKER AUBRY: MS. SOLAGES ON THE

RESOLUTION.

MR. PICHARDO ON THE RESOLUTION.

MR. PICHARDO: THANK YOU, MR. SPEAKER, FOR

INDULGING ME IN THIS. AND I WANT TO THANK MY COLLEAGUE, THE CHAIR OF

THE BLACK HISPANIC PUERTO RICAN AND ASIAN LEGISLATIVE CAUCUS IN THIS

HOUSE AND IN -- WELL, IN THIS LEGISLATURE IN INTRODUCING THIS LEGI -- THIS

RESOLUTION HONORING THE LIFE OF HAMMERIN' HANK AARON WHO RECENTLY

PASSED AWAY BACK IN LATE JANUARY OF THIS YEAR. WE CAN GO REALLY VERY

QUICKLY INTO THE STATS. HE WAS A -- HE'S A HALL -- HE WAS A HALL OF

FAMER, HE BROKE MANY RECORDS ACROSS HIS 21 YEARS WITHIN THE MAJOR

NYS ASSEMBLY APRIL 26, 2021

LEAGUES AND THE NEWER LEAGUES DURING HIS CAREER. HE HAD 755 HOME

RUNS, BROKE BABE RUTH'S ALL-TIME HOME RUN RECORD, AND HIS STATS GO ON

AND ON AND ON.

BUT I WANTED TO SPEAK ON THIS RESOLUTION TO REALLY TALK

ABOUT THE HUMANITARIAN AND THE CIVIL RIGHTS LEADER THAT HANK AARON

REALLY PAVED THE WAY FOR MANY PLAYERS WITHIN THE MAJOR LEAGUES,

PARTICULARLY PLAYERS OF COLOR. AND PARTICULARLY MANY DOMINICANS WHO

CONSIDER AND ARE MAJOR LEAGUE BASEBALL PLAYERS, IT WOULD NOT HAVE

BEEN POSSIBLE WITHOUT THE PATH AND THE TRAILBLAZING PATH THAT HANK

AARON BLAZED.

I KNOW THAT A FEW YEARS AGO, MR. SPEAKER, IN THIS

HOUSE WE WERE ABLE TO RECOGNIZE AND HONOR PEDRO MARTINEZ AND HIS

CONTRIBUTIONS TO THE SPORT AS A NEW YORK MET AND, YOU KNOW, FOR -- TO

THE CHAGRIN OF MANY OTHER PEOPLE AND A MEMBER OF THE BOSTON RED

SOX. BUT THE IMPORTANCE OF MAKING SURE THAT WE PAVE A PATH FOR FOLKS

TO NOT ONLY PARTICIPATE IN SPORTS BUT TO PARTICIPATE IN OTHER ASPECTS AND

WALKS OF LIFE, I BELIEVE THAT THE -- THIS HOUSE SHOULD TAKE A MOMENT

AND RECOGNIZE THE LIFE THAT WE LOST THIS YEAR, BUT MORE IMPORTANTLY,

REMEMBER THE HUMANITARIAN THAT WAS HARRY -- HENRY HANK --

HAMMERIN' HANK AARON AND HIS CONTRIBUTIONS NOT ONLY TO THE SPORT OF

BASEBALL BUT TO OUR STATE AND TO OUR A NATION. AND I KNOW IT'S A LITTLE

LATE IN THE YEAR, BUT WE WANTED TO MAKE SURE THAT, TO HIS FAMILY, TO HIS

FRIENDS, HIS LOVED ONES, TO A -- TO A GRIEVING NATION, TO HAMMERIN'

HANK, REST IN PEACE, BUT MORE IMPORTANTLY, YOUR CONTRIBUTIONS WILL

NEVER BE FORGOTTEN.

NYS ASSEMBLY APRIL 26, 2021

AND THANK YOU -- WITH THAT, THANK YOU, MR. SPEAKER,

AND THANK YOU TO THE SPONSOR OF THIS LEGISLATION.

ACTING SPEAKER AUBRY: THANK YOU, MR.

PICHARDO.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

AND NOW WE HAVE NUMEROUS FINE RESOLUTIONS, ALL

WHICH WILL BE TAKEN UP WITH ONE VOTE. ON THE RESOLUTIONS, ALL THOSE IN

FAVOR SIGNIFY BY SAYING AYE; OPPOSED NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 192-202

WERE UNANIMOUSLY APPROVED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, WOULD YOU

PLEASE CALL ON PAM HUNTER FOR AN ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MS. HUNTER FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MS. HUNTER: YES, MR. SPEAKER. WE WILL BE

HAVING A MAJORITY CONFERENCE AT THE CONCLUSION OF OUR SESSION TODAY.

ACTING SPEAKER AUBRY: MAJORITY CONFERENCE

AT THE CONCLUSION OF SESSION.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. I MIGHT REMIND COLLEAGUES, THE MAJORITY COLLEAGUES, THAT

YOU'LL WANT TO STAY ON THE EXISTING ZOOM WHERE YOU ARE NOW, AND AS

MS. HUNTER SAID, THERE'S AN IMMEDIATE CONFERENCE.

NYS ASSEMBLY APRIL 26, 2021

I NOW MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL

3:00 P.M., TUESDAY, APRIL THE 27TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 4:07 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL TUESDAY, APRIL 27TH, AT 3:00 P.M., TUESDAY BEING A

SESSION DAY.)