WEDNESDAY, APRIL 27, 2022                                      11:27 A.M.

                                 ACTING SPEAKER AUBRY:  THE HOUSE WILL COME

                    TO ORDER.

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

                    SILENCE.

                                 (WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

                                 VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

                    OF ALLEGIANCE.

                                 (WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

                    MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

                                 A QUORUM BEING PRESENT, THE CLERK WILL READ THE

                    JOURNAL OF TUESDAY, APRIL 26TH.

                                 MRS. PEOPLES-STOKES.

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

                                          1



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    SPEAKER, I MOVE TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF

                    TUESDAY, APRIL THE 26TH AND THAT THE SAME STAND APPROVED.

                                 ACTING SPEAKER AUBRY:  WITHOUT OBJECTION, SO

                    ORDERED.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, SIR.  EVEN

                    KNOWING EARTH DAY WAS ON FRIDAY, WE'RE STILL IN THE PROCESS OF

                    (INAUDIBLE), WE'RE STILL ON EARTH DAY.  AND I'D LIKE TO SHARE THIS

                    COMMENT FROM -- THIS QUOTE, RATHER, FROM MAHATMA GANDHI, WHICH I

                    THINK IS -- IS VERY PROFOUND AND SPEAKS VERY MUCH TO THE WORK THAT

                    WE'VE BEEN DOING IN THIS HOUSE FOR DECADES.  EARTH PROVIDES ENOUGH TO

                    SATISFY MAN'S NEEDS, BUT NOT ENOUGH TO SATISFY EVERY MAN'S GREED.

                    AGAIN, THAT'S MAHATMA GANDHI, AND FOLKS KNOW WHO HE IS AND THE

                    LEGACY THAT HE LEFT.

                                 COLLEAGUES HAVE ON THEIR DESK A MAIN CALENDAR.  MR.

                    SPEAKER, IF THERE'S ANY HOUSEKEEPING OR INTRODUCTIONS, WE WILL TAKE UP

                    RESOLUTIONS ON PAGE 3 WHICH I BELIEVE THAT SOME OF OUR COLLEAGUES --

                    MEMBERS WOULD LIKE TO SPEAK ON.  WE WILL THEN FOLLOW UP ON OUR --

                    WITH OUR EARTH DAY PACKAGE WITH CALENDAR NO. 427 BY MS. FAHY;

                    RULES REPORT NO. 81 BY MR. PRETLOW; RULES REPORT NO. 82 BY MS.

                    FAHY; RULES REPORT NO. 85 BY MR. ENGLEBRIGHT; RULES REPORT NO. 86,

                    MS. MCMAHON; RULES REPORT NO. 87, MS. FAHY; RULES REPORT NO. 88,

                    MR. ENGLEBRIGHT; RULES REPORT NO. 90, MR. ENGLEBRIGHT.  THERE MAY OR

                    MAY NOT BE A NEED FOR A MAJORITY CONFERENCE AFTER OUR FLOOR WORK IS

                    COMPLETE, AND CLEARLY WE WILL ALWAYS CONSULT WITH OUR COLLEAGUES TO

                                          2



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DETERMINE WHAT THEIR NEEDS MAY BE AS WELL, MR. SPEAKER.  THERE ALSO

                    IS GOING TO BE A NEED FOR A MOTION TO DISCHARGE BY OUR COLLEAGUES ON

                    THE OTHER SIDE OF THE AISLE.  WE WILL TAKE THAT UP AT SOME POINT BEFORE

                    WE LEAVE TODAY.

                                 THAT IS A GENERAL OUTLINE OF WHERE WE'RE GOING, MR.

                    SPEAKER.  IF YOU HAVE HOUSEKEEPING OR INTRODUCTIONS, NOW WOULD BE A

                    GREAT TIME, SIR.

                                 ACTING SPEAKER AUBRY:  CERTAINLY, MRS.

                    PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  WE WILL MOVE

                    DIRECTLY TO PAGE 3 ON RESOLUTIONS.

                                 THE CLERK WILL READ, 770.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 770, MS.

                    JOYNER.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM APRIL 24-30, 2022 AS INFERTILITY AWARENESS

                    WEEK 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 NO. 771, MR.

                    CYMBROWITZ.

                                 LEGISLATIVE RESOLUTION COMMEMORATING THE

                    OBSERVANCE OF HOLOCAUST REMEMBRANCE DAY IN THE STATE OF NEW YORK

                                          3



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ON APRIL 28TH, 2022.

                                 ACTING SPEAKER AUBRY:  MR. CYMBROWITZ ON

                    THE RESOLUTION.

                                 MR. CYMBROWITZ:  THANK YOU, MR. SPEAKER.

                    THIS YEAR I'M PROUD TO ONCE AGAIN TO INTRODUCE THE RESOLUTION

                    COMMEMORATING YOM HASHOAH, HOLOCAUST REMEMBRANCE DAY, IN

                    NEW YORK STATE.  IT'S SO IMPORTANT THAT WE TAKE THE TIME TO REFLECT ON

                    THE HOLOCAUST, TO LEARN, TO MOURN THE SIX MILLION WHO WERE LOST, AND

                    PAY TRIBUTE TO SURVIVORS LIKE MY PARENTS WHO HAD THE CHANCE TO REBUILD

                    THEIR LIVES.  NOW IN 2022, THIS PERIOD OF REFLECTION IS MORE IMPORTANT

                    THAN EVER.  YESTERDAY THE ANTI-DEFAMATION LEAGUE RELEASED ITS ANNUAL

                    AUDIT OF ANTI-SEMITIC INCIDENTS IN THE UNITED STATES.  THE NEWS WAS

                    ALARMING.  NATIONWIDE, ANTI-SEMITIC INCIDENTS HIT A RECORD HIGH IN

                    2021, 34 PERCENT OVER THE YEAR BEFORE.  IN NEW YORK, THE ADL

                    REPORTED 183 INCIDENTS OF HARASSMENT, 182 REPORTS OF VANDALISM, 161

                    CASES INVOLVING SWASTIKAS, AND 51 ASSAULTS.  THE ASSAULT FIGURES FOR OUR

                    STATE WERE THE HIGHEST THAT WERE EVER RECORDED SINCE THE ADL BEGAN

                    ITS ANNUAL AUDIT ALMOST 45 YEARS AGO; A 325 PERCENT JUMP FROM THE

                    DOZEN ASSAULTS RECORDED IN 2020.  THIS DISTURBING NEW REPORT ILLUSTRATES

                    WHY HOLOCAUST EDUCATION IS SO IMPORTANT.  LEARNING SOMETHING FROM

                    HISTORY CAN STOP DESTRUCTION BEFORE IT HAPPENS, DIFFUSE BIAS MOTIVATED

                    BEHAVIOR, AND ENSURE THAT OUR YOUNG PEOPLE HAVE THE FOUNDATION THAT

                    THEY NEED TO TREAT ALL PEOPLE WITH FAIRNESS AND COMPASSION.

                                 AS THE NUMBER OF HOLOCAUST SURVIVORS DWINDLES AND

                    KNOWLEDGE OF THE HOLOCAUST HERE AND AROUND THE WORLD FADES WITH THE

                                          4



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    PASSAGE OF TIME, IT BECOMES OUR RESPONSIBILITY TO SPEAK FOR THOSE WHO

                    CAN NO LONGER TALK ABOUT THEIR EXPERIENCES.  IT IS OUR JOB TO BEAR

                    WITNESS FOR THEM, TO REMEMBER THOSE WHO PERISHED AND TO REMEMBER

                    THE PRICE THEY -- THAT WE PAY WHEN PEOPLE STAY SILENT IN THE FACE OF

                    WRONGDOING.  AS A SOCIETY, WE CANNOT AFFORD TO PAY THAT PRICE AGAIN.

                    WITHOUT MEMORY, THERE WILL BE NO CIVILIZATION, NO SOCIETY, NO FUTURE.

                    THOSE ARE THE WORDS OF NOBEL LAUREATE ELIE WIESEL, AND THEY ARE TRUE

                    AND POWERFUL.  WE COMMEMORATE YOM HASHOAH IN ORDER TO REMEMBER

                    ALL WHO ENDURED THE HOLOCAUST.  WE REMEMBER THOSE WHO PERISHED

                    BECAUSE OF HATE, AND THOSE WHO MIRACULOUSLY SURVIVED.  AND MOST OF

                    ALL, WE MUST -- WE MUST MAKE SURE THE WORLD NEVER FORGETS.  NEVER

                    AGAIN.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED.  THE RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 772, MR.

                    PALMESANO.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM APRIL 2022 AS ORGAN AND TISSUE DONATOR --

                    DONOR AWARENESS MONTH IN THE STATE OF NEW YORK, IN CONJUNCTION

                    WITH THE OBSERVANCE OF NATIONAL DONATE LIFE MONTH.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO ON

                    THE RESOLUTION.

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

                    MY COLLEAGUES.  EVERY YEAR WE PASS A RESOLUTION HERE IN THIS CHAMBER

                                          5



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    TO PROCLAIM APRIL AS ORGAN TISSUE AND DONOR AWARENESS MONTH IN

                    CONJUNCTION WITH DONATE LIFE MONTH.  IT'S BEEN A PRIVILEGE FOR ME TO

                    WORK WITH OUR FORMER COLLEAGUE, ASSEMBLYMAN ORTIZ SINCE 2013 ON

                    THIS ISSUE, BUT FROM 1992 TO 2012, OUR FORMER COLLEAGUE AND FRIEND,

                    JIM CONTE, INTRODUCED THIS RESOLUTION ON THE FLOOR.  FOR THOSE OF YOU

                    THAT DID NOT KNOW JIM, JIM WAS A TWO-TIME KIDNEY TRANSPLANT RECIPIENT,

                    A GREAT HUMAN BEING, AND A STAUNCH AND TIRELESS ADVOCATE TO PROMOTE

                    ORGAN DONATION AWARENESS.  HE SAT RIGHT HERE WHERE MR. GOODELL SITS.

                    HE WAS OUR FLOOR -- HE WAS OUR FLOOR LEADER.  BUT EVEN MORE THAN THAT,

                    HE WAS THE HEART AND SOUL OF OUR CONFERENCE.  UNFORTUNATELY, WE LOST

                    JIM WHO PASSED AWAY IN OCTOBER OF 2012.  AND ALTHOUGH HIS PASSING

                    LEFT A HOLE IN THE HEART OF THIS CHAMBER, HIS MEMORY MISSION TO

                    PROMOTE ORGAN DONOR AWARENESS LIVES ON.

                                 BUT IT IS INCUMBENT UPON EACH AND EVERY ONE OF US TO

                    CARRY ON HIS IMPORTANT MISSION AND MESSAGE BECAUSE IT IS LITERALLY

                    ABOUT SAVING LIVES.  WHEN JIM SPOKE ABOUT THIS ISSUE, HE SPOKE ABOUT

                    IT WITH EMOTION, WITH PASSION AND FACTS.  SO LET'S TALK ABOUT SOME OF THE

                    FACTS.  CURRENTLY IN NEW YORK WE HAVE NEARLY 8,500 NEW YORKERS

                    WAITING FOR AN ORGAN TRANSPLANT; 1,300 NEW YORKERS WHO HAVE BEEN

                    WAITING FOR MORE THAN FIVE YEARS.  WE HAVE 52 REGISTRIES ACROSS OUR

                    COUNTRY AND WE HAVE -- NEW YORK IS NUMBER 50 OUT OF 52.  WE'RE ONLY

                    AHEAD OF PUERTO RICO AND NEW JERSEY FOR DONOR REGISTRATION.  THE

                    NATIONAL AVERAGE IS 62 PERCENT.  NEW YORK IS NUMBER 50 AT 45 PERCENT.

                    WE HAVE THE THIRD HIGHEST NEED FOR ORGAN DONORS, BUT THE THIRD WORST

                    DONOR ENROLLMENT RATE.  AND LAST YEAR IN 2021, WE LOST 450 NEW

                                          6



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    YORKERS, MEN, WOMEN, AND CHILDREN WAITING FOR A LIFESAVING ORGAN

                    TRANSPLANT.  MY COLLEAGUES, THIS IS UNACCEPTABLE.  WE CAN AND WE MUST

                    DO BETTER.

                                 BUT REALLY THE MOST IMPORTANT FACT AND STAT THAT YOU

                    REALLY NEED TO KNOW, ONE PERSON, JUST ONE PERSON WHO DONATES AT THE

                    TIME OF THEIR DEATH CAN SAVE UP TO EIGHT LIVES AND IMPACT AND IMPROVE

                    THE LIVES OF 75 OTHERS THROUGH EYE AND TISSUE DONATIONS.  REMEMBER,

                    ONE PERSON THAT DONATES AT THE TIME OF THEIR DEATH CAN SAVE UP TO EIGHT

                    LIVES AND IMPACT UP TO 75 OTHERS.

                                 WE HAVE STORIES AND MEMBERS OF THIS CHAMBER WHO

                    HAVE BEEN IMPACTED BY THIS ISSUE.  FORMER ASSEMBLYMAN BILL HOYT

                    DIED ON THE ASSEMBLY FLOOR WAITING FOR A HEART TRANSPLANT.  NO ONE

                    KNEW UNTIL THAT DAY.  FORMER ASSEMBLYMAN RICHARD BRODSKY'S WIFE --

                    A DAUGHTER, WILLI, RECEIVED A KIDNEY FROM HIS WIFE.  OUR FORMER

                    COLLEAGUE ASSEMBLYMAN ORTIZ BECAME INVOLVED IN THIS ISSUE WHEN HIS

                    MOTHER WAS IN NEED OF AN ORGAN TRANSPLANT.  WE HAVE MEMBERS IN THIS

                    CHAMBER HERE TODAY THAT HAVE BEEN IMPACTED BY THIS.  ANDY GOODELL,

                    HIS DAUGHTER DONATED TO A HIGH SCHOOL CLASSMATE.  MIKE FITZPATRICK, HIS

                    STAFFER DONATED TO A COMPLETE STRANGER, AND OUR DISTINGUISHED MAJORITY

                    LEADER, THIS ISSUE IS IMPORTANT TO HER AND HAS IMPACTED HER AND HER

                    FAMILY.

                                 MR. SPEAKER, MY COLLEAGUES, FOR ME THIS IS A DEEPLY

                    PERSONAL ISSUE.  WHEN I THINK ABOUT THIS ISSUE I THINK ABOUT MY SISTER,

                    TERESA.  TERESA WAS A TWO-TIME -- TERESA WAS A JUVENILE DIABETIC AND

                    THE DISEASE IMPACTED HER DRAMATICALLY.  SHE RECEIVED TWO TRANSPLANTS,

                                          7



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    FIRST IN 2000 FROM THE KINDNESS OF A STRANGER AND THEN IN 2006 I HAD THE

                    PRIVILEGE TO DONATE A KIDNEY TO MY SISTER.  UNFORTUNATELY, IN 2013 WE

                    LOST MY SISTER AT THE AGE OF 50.  BUT I REALIZED, MY SISTER TERESA, SHE

                    WAS A LUCKY ONE, SHE RECEIVED TWO TRANSPLANTS.  I DID NOT KNOW HOW

                    BAD -- THE NUMBERS WERE UNTIL I CAME UP HERE AND STEPPED ON THE

                    CHAMBER FLOOR IN 2011, BUT I HAVE SEEN IT FIRSTHAND HOW ORGAN

                    DONATION CAN IMPACT A FAMILY.

                                 BUT WE'VE TAKEN MANY POSITIVE STEPS OVER THE YEARS TO

                    HELP BRING AWARENESS AND MAKE PROGRESS.  WHEN I USED TO TALK ABOUT

                    THIS ISSUE YEARS AGO, I WAS TALKING ABOUT A 23 PERCENT ORGAN DONATION

                    RATE, NOT 45 PERCENT.  WHEN I TALKED ABOUT THIS ISSUE YEARS AGO, I WAS

                    TALKING ABOUT OVER 10,000 NEW YORKERS ON THE WAIT LIST, NOT NEARLY

                    8,500.  THAT'S BECAUSE WE PASSED LAUREN'S LAW BACK IN 2012, NAMED

                    AFTER LAUREN SHIELDS, A HEROIC 12-YEAR-OLD LITTLE GIRL WHO HAD A

                    LIFESAVING HEART TRANSPLANT, BUT THEN LET HER NAME AND NOT JUST HER

                    NAME, BUT HER FACE AND HER POWERFUL VOICE BECOME A FIERCE ADVOCATE.

                    SO NOW WHEN YOU SIGN UP FOR YOUR LICENSE, THEY ASK YOU THE QUESTION

                    DO YOU WANT TO BE AN ORGAN DONATE -- DONOR AND YOU HAVE TO SAY YES OR

                    SKIP THE QUESTION.  IN 2015, WE PASSED LAW -- A LAW THAT ALLOWED 16-

                    AND 17 YEAR OLDS TO REGISTER INTENT TO BECOME AN ORGAN DONOR.  I HAVE TO

                    TELL YOU AS A DAD, I WAS NEVER SO PROUD WHEN MY DAUGHTER AND SON

                    CAME HOME WITH THEIR DRIVER'S PERMIT AND THE ORGAN DONOR WAS

                    CHECKED OFF ON THE CARD, AND WE DIDN'T REALLY DISCUSS IT.  WE ALSO TOOK

                    SOME VERY IMPORTANT ACTION SEVERAL YEARS AGO IN 2017 WHEN WE

                    ACTIVATED AND CREATED AN ONLINE DONOR REGISTRY TO ANSWER A FEW

                                          8



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    QUESTIONS ABOUT WHETHER YOU WANTED TO BE -- YOU ANSWER A FEW

                    QUESTIONS AND THEN SIGN UP AND YOU'RE A REGISTERED ORGAN DONOR.  THAT

                    HAS HELPED TRANSFORM.

                                 SO YES, WE HAVE MADE PROGRESS, BUT MY COLLEAGUES,

                    WE CAN AND MUST DO BETTER.  AND I UNDERSTAND WHEN WE TALK ABOUT THIS

                    ISSUE SOME PEOPLE MIGHT NOT WANT TO THINK ABOUT IT BECAUSE YOU'RE

                    TALKING ABOUT ONE'S OWN DEATH.  BUT THEN I ASK THE QUESTION, WHAT IF

                    ONE OF YOUR LOVED ONES WAS ON THE TRANSPLANT LIST, YOUR MOM OR DAD,

                    YOUR BROTHER OR SISTER, HUSBAND OR WIFE, OR GOD FORBID YOUR SON OR

                    DAUGHTER, AND THEY WERE IN NEED OF A LIFESAVING ORGAN TRANSPLANT AND

                    YOU HEARD SOME OF THOSE NUMBERS.  MAYBE PEOPLE WOULD THINK ABOUT IT

                    A LITTLE DIFFERENTLY.

                                 YOU KNOW, WE PASS A LOT OF BILLS IN THIS CHAMBER,

                    SOME GOOD, SOME NOT SO GOOD.  BUT THIS ISSUE CAN ACTUALLY SAVE LIVES

                    AND WE SHOULD AGREE TO WORK ON IT.  IT DOES NOT REQUIRE A BILL, NOT EVEN

                    A LOT OF MONEY, BUT IT DOES REQUIRE OUR COMMITMENT AND OUR EFFORT ON

                    OUR PART TO ADVOCATE, EDUCATE, AND PROMOTE AWARENESS TO ENCOURAGE

                    PEOPLE TO BECOME AN ORGAN DONOR.  YOU MAY ASK, WHAT CAN I DO?

                    WELL, NUMBER ONE, IF YOU'RE NOT, REGISTER TO BE AN ORGAN DONOR AND TALK

                    TO YOUR FAMILY AND FRIENDS ABOUT IT.  USE YOUR OFFICE TO PROMOTE ORGAN

                    DONATION AWARENESS THROUGH YOUR MAIL OR YOUR SOCIAL MEDIA.  POST

                    LINKS ON YOUR WEBSITE AND SOCIAL MEDIA.  PARTNER WITH DONATE LIFE TO

                    PUT THAT INFORMATION OUT THERE.  LET'S WORK TOGETHER TO EXPAND

                    OPPORTUNITIES.

                                 SO THERE'S MUCH, MUCH MORE WE CAN ALL DO TOGETHER.

                                          9



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    LET'S WORK, AGAIN, TOGETHER TO EXPAND THESE OPPORTUNITIES TO ENGAGE

                    AND ASK THE QUESTION TO THE PUBLIC TO REGISTER THEM.  GIVE THEM A

                    CHANCE TO SAY YES.  I AM FIRMLY CONVINCED THE MORE WE PUT THE

                    QUESTION IN FRONT OF PEOPLE, THE MORE THEY'RE GOING TO SAY YES.  BECAUSE

                    WE SHOULD PUT THE QUESTION WHEN THEY'RE FILING THEIR TAXES, ASK THEM

                    THAT -- ON THAT, LET'S DO IT ON COLLEGE APPLICATIONS FOR HIGHER ED, FOR

                    APPLICATIONS FOR PUBLIC ASSISTANCE, PROFESSIONAL LICENSES, ALL OF THOSE

                    THINGS, WE SHOULD ASK THAT QUESTION, GIVE THE PEOPLE IN NEW YORK A

                    CHANCE TO SAY YES AND THEY WILL.  LET'S PARTNER WITH OUR LIBRARIES.  LET'S

                    CREATE A LIBRARIES FOR LIFE CAMPAIGN.  THE MORE WE ASK THE QUESTION,

                    THE MORE GENEROUS NEW YORKERS WILL COMMIT AND SIGN UP TO BE AN

                    ORGAN DONOR.

                                 YOU KNOW, IN CONCLUSION, MR. SPEAKER, YOU KNOW, I

                    TALK ABOUT OUR COLLEAGUE, JIM CONTE.  INDIVIDUALLY, NO ONE COULD SPEAK

                    TO THIS ISSUE LIKE JIM DID, AND WHAT HE DID AS AN INDIVIDUAL, THERE'S NO

                    ONE BETTER THAN HIM AT IT.  BUT COLLECTIVELY, TOGETHER AS A BODY, WE CAN

                    DO SO MUCH MORE TO BRING THIS ISSUE FORWARD AND IMPROVE OUR NUMBERS

                    AND TO BRING AWARENESS AND ATTENTION TO EDUCATE THE PUBLIC.  AND MOST

                    IMPORTANTLY, YES TO SAVE LIVES.  AND QUITE FRANKLY, THAT IS WHAT JIM

                    WOULD WANT US TO DO.  HE WOULD WANT US TO WORK TOGETHER.  AND SO

                    AFTER PASSING THIS RESOLUTION, LET'S JUST NOT MOVE ON AS APRIL MOVES INTO

                    MARCH -- MAY, LET'S CONTINUE TO PROMOTE THIS YEAR ROUND.  LET'S USE OUR

                    OFFICES TO PUT THAT AWARENESS OUT THERE.  LET US TALK TO PEOPLE.  AND,

                    MR. SPEAKER AND MY COLLEAGUES, WE CAN IMPROVE THE QUALITY OF LIVES

                    AND, YES SAVE LIVES.

                                         10



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 SO I THANK MR. SPEAKER AND MY COLLEAGUES FOR YOUR

                    INDULGENCE ON TIME AND SUPPORTING THIS IMPORTANT -- IMPORTANT ISSUE IN

                    OUR STATE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES

                    ON THE RESOLUTION.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER, FOR THE OPPORTUNITY TO EXPRESS SOME THOUGHTS REGARDING THIS

                    RESOLUTION.  I'D FIRST LIKE TO, OF COURSE, HONOR MY COLLEAGUE FOR

                    INTRODUCING THE LEGISLATION -- THE RESOLUTION.  THIS IS A VERY IMPORTANT

                    TOPIC FOR NOT JUST NEW YORKERS, BUT FOR THE WORLD.  I CERTAINLY DO WANT

                    TO HONOR OUR FORMER COLLEAGUE, RICHARD BRODSKY, WHO I HAD THE

                    OPPORTUNITY TO SERVE WITH, WHO BECAME AN ORGAN DONOR TO HIS FAMILY,

                    AND CERTAINLY TO MR. CONTE, WHO I HAD AN OPPORTUNITY TO SERVE WITH.

                    AND I WANT TO HONOR MY DAUGHTER WHO HAD AN EXTRA TWO YEARS OF LIFE

                    BECAUSE SOMEONE DECIDED TO BE A DONOR.  AND THAT'S JUST HOW

                    SIGNIFICANT IT IS, IT ACTUALLY WILL EXTEND SOMEONE'S LIFE IF YOU DECIDE TO

                    MAKE THAT DECISION.

                                 AND, BY THE WAY, THERE'S SO MANY WAYS TO DO IT, IT'S

                    REALLY EASY JUST TO DECIDE.  NONE OF US ARE GOING TO GET OUT OF HERE

                    ALIVE, WE'RE ALL GOING AT SOME POINT.  DO YOU HAVE TO TAKE EVERYTHING

                    THAT'S STILL LEFT WITH YOU?  CAN YOU LEAVE SOMETHING AS A LEGACY MORE

                    THAN JUST YOUR RESOURCES AND YOUR ASSETS?  CAN YOU LEAVE AN ORGAN THAT

                    WILL BENEFIT SOMEONE AND PERHAPS GIVE THEM ANOTHER TWO YEARS,

                    ANOTHER THREE YEARS OR, QUITE FRANKLY, I KNOW PEOPLE WHO HAVE LIVED FOR

                    20 YEARS WITH A DONATED ORGAN.

                                         11



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 SO I'M JUST GOING TO LEAVE YOU WITH ANOTHER QUOTE,

                    MR. SPEAKER:  A TRANSPLANT IS THE ULTIMATE LEGACY A PERSON CAN LEAVE

                    AND THE GREATEST GIFT TO COMMUNITY SERVICE CAN BE PROVIDED.  PLEASE

                    DECIDE TO BE AN ORGAN DONOR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MS. FAHY ON THE RESOLUTION.

                                 MS. FAHY:  THANK YOU.  I CAME UP THIS MORNING FOR

                    LEGISLATION, SO I WASN'T PLANNING TO SPEAK TO THIS RESOLUTION, BUT I -- I

                    MUST STAND AND COMMEND THE SPONSORS AND -- AS WELL AS THE MAJORITY

                    LEADER FOR HER COMMENTS.  THIS ISSUE BECAME VERY PERSONAL TO ME THIS

                    YEAR AS WE WERE FACED WITH THIS ISSUE JUST EIGHT WEEKS AGO.  AND

                    BECAUSE MY SON, BRENDAN FAHY BECKETT, WAS ALREADY IN THE REGISTRY,

                    THINGS HAPPENED VERY FAST FOR HIM AT THE END AND THERE WERE A LOT OF

                    CONVERSATIONS WE HAD AVOIDED AND HAD NOT HAD.  AND SO WE DIDN'T HAVE

                    TO HAVE A CONVERSATION WITH HIM ABOUT DONATING BECAUSE HE WAS

                    ALREADY REGISTERED.  AND SO IN THE END BECAUSE CANCER WAS THROUGHOUT

                    HIS BODY, HE WAS ONLY ELIGIBLE TO DONATE HIS EYES, BUT I WAS VERY PROUD

                    THAT HE GAVE MY HUSBAND AND MY DAUGHTER AND MYSELF AND HIS

                    GIRLFRIEND A LOT OF COMFORT TO KNOW THAT SOMEBODY MIGHT BENEFIT TO THE

                    LOSS OF HIS LIFE.

                                 AND AGAIN, HAD WE NOT MOVED TO PUT THOSE ON THE

                    DRIVER'S LICENSES, IT PREVENTED US FROM HAVING TO ASK HIM THOSE TOUGH

                    QUESTIONS, BUT IT GAVE US PERSONALLY GREAT SOLACE TO KNOW THAT EVEN

                    THOUGH THE REST OF HIS ORGANS COULD NOT BE DONATED, THAT MAYBE

                    SOMEBODY WOULD GET THE VISION OF SIGHT IF THEY DID ULTIMATELY ACCEPT

                                         12



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    HIS EYES.  SO I CANNOT SAY ENOUGH HOW MUCH I HAVE NOW PERSONALLY

                    APPRECIATED YOUR ADVOCACY AND YOUR WORK, BECAUSE THAT PREREGISTERING

                    DOES MAKE A DIFFERENCE.  AND I WOULD BE REMISS IF I DIDN'T ALSO

                    COMMENT, ON NUMEROUS OCCASIONS WE HAD TO REALLY ADVOCATE TO GET

                    HIM BLOOD WHEN HIS BLOOD LEVELS WERE LOW, AS WELL AS PLATELET

                    TRANSFUSIONS, AND MY SON ALSO HAD THREE STEM CELL TRANSFUSIONS.  AND IF

                    IT WEREN'T FOR THOSE WHO DONATE BLOOD, DONATE PLATELETS AND MORE, THAT

                    WOULD HAVE EVEN BEEN MORE DIFFICULT BECAUSE OF THE CONTINUAL

                    SHORTAGES, SO THANK YOU FOR YOUR ADVOCACY ON THAT.

                                 AGAIN, I DIDN'T COME OUT TO SPEAK, BUT YOU COULDN'T

                    HELP BUT TRIGGER SOME VERY PERSONAL ISSUES, AND I TRULY ADMIRE YOUR

                    WORK AND THAT OF THE MAJORITY LEADER.  THOSE SACRIFICES HAVE MADE A

                    DIFFERENCE IN SO MANY LIVES.  THANK YOU.  WITH THAT, MR. SPEAKER, I

                    SUPPORT THIS RESOLUTION.

                                 (APPLAUSE)

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

                    THOSE IN FAVOR SIGNIFY BY SAYING AYE.  THE RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 773, MR.

                    ANDERSON.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM APRIL 2022 AS SECOND CHANCE MONTH IN THE

                    STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF NATIONAL

                    SECOND CHANCE MONTH.

                                 ACTING SPEAKER AUBRY:  MR. ANDERSON ON THE

                    RESOLUTION.

                                         13



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. ANDERSON:  THANK YOU, MR. SPEAKER, ON THE

                    RESOLUTION.  SO YOU KNOW, TODAY AND THIS MONTH IS SO CRITICAL AND SO

                    IMPORTANT.  WE HAVE AN OPPORTUNITY AS A STATE TO RECOGNIZE THE FACT

                    THAT FOLKS WHO ARE JUSTICE INVOLVED DESERVE A SECOND CHANCE, DESERVE A

                    SECOND CHANCE AND OPPORTUNITY AT LIFE.  DESERVE A SECOND CHANCE AND

                    OPPORTUNITY FOR HOUSING, BUT TO PROPERLY ALSO INTEGRATE BACK INTO THEIR

                    COMMUNITIES.  EVERY PERSON OF COLOR IN SOME WAY, SHAPE OR FORM IS

                    IMPACTED BY THE CRIMINAL INJUSTICE SYSTEM, AND IMPACTED BY MASS

                    INCARCERATION.  AND IT'S SO CRITICAL THAT THIS MONTH WE RECOGNIZE AND

                    ACKNOWLEDGE THAT FOLKS DO DESERVE THAT SECOND CHANCE.

                                 NEW YORK MUST STRIVE TO PROVIDE FORMERLY

                    INCARCERATED INDIVIDUALS, ESPECIALLY THOSE WHO WERE INCARCERATED DUE

                    TO CRIMES OF POVERTY, AND IT IS VITAL THAT WE ARE COMMITTED, COMMITTED

                    TO UNDOING THE HARMS OF RACIALIZED POLICIES THAT LED TO DISPROPORTIONAL

                    REPRESENTATION OF BLACK AND BROWN COMMUNITIES ACROSS THE CRIMINAL

                    AND JUVENILE SYSTEMS HERE IN THE STATE OF NEW YORK.

                                 AND SO AS IMPLEMENTING SECOND CHANCE MONTH FOR

                    THE FIRST TIME IN THIS PARTICULAR BODY IS CRITICAL, AND ACKNOWLEDGING

                    APRIL AS THAT SECOND CHANCE MONTH IS ALSO CRITICAL.  THERE ARE SO MANY

                    BARRIERS THAT PREVENT THE OVER 70 MILLION AMERICANS WITH CRIMINAL

                    RECORDS FROM EFFICIENTLY SUPPORTING THEMSELVES AND THEIR FAMILIES.

                    AND SO HOW LONG WILL WE CONTINUE TO BE A STATE, HOW LONG WILL WE

                    CONTINUE TO BE A SOCIETY THAT ALLOWS FOR PERPETUAL PUNISHMENT TO

                    IMPACT THE LIVES OF OUR FOLKS WHO ARE RETURNING HOME.

                                 I WANT TO READ THIS CRITICAL STAT:  APPROXIMATELY

                                         14



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    700,000 INDIVIDUALS ANNUALLY IN THE UNITED STATES ARE RETURNING HOME

                    FROM PRISONS, AND AN ADDITIONAL NINE MILLION ARE RELEASED FROM COUNTY

                    JAILS.  ARE WE NOW SAYING THAT WHEN THEY RETURN HOME THEY MUST

                    CONTINUE TO BE PUNISHED?  NO, WE ARE NOT SAYING THAT, NOR SHOULD WE.

                    AND SO WE MUST, AS A LEGISLATIVE BODY, CONTINUE TO PROMOTE AND PUSH

                    LEGISLATION THAT ACKNOWLEDGES THAT FOLKS HAVE SERVED THEIR TIME AND

                    THAT THERE ARE RESOURCES AND PROGRAMS TO ENSURE THAT THEY DON'T END UP

                    BACK OR RECIDIVIZE AND END UP BACK IN THE CRIMINAL JUSTICE SYSTEM.

                                 AND SO WE ALSO HAVE TO ACKNOWLEDGE THAT THERE ARE

                    MANY, MANY STORIES IN WHICH INDIVIDUALS HAVE BEEN WRONGFULLY

                    INCARCERATED, WRONGFULLY PROSECUTED.  AND SO TO THAT END, THOSE

                    INDIVIDUALS ALSO DESERVE A FAIR CHANCE AT REINTEGRATING.  I HAVE FAMILY

                    MEMBERS, I HAVE FRIENDS AND FOLKS AND -- AND MANY PEOPLE ACROSS

                    COMMUNITIES OF COLOR HAVE BEEN IMPACTED BY THE CRIMINAL JUSTICE

                    SYSTEM AND MASS INCARCERATION.  THIS IS OUR OPPORTUNITY TO WORK TO

                    RIGHT THOSE WRONGS AND ACKNOWLEDGING APRIL 2022 AS SECOND CHANCE

                    MONTH IN THE STATE OF NEW YORK.  I ALSO WANT TO ACKNOWLEDGE MY

                    COLLEAGUE WHO HAS SERVED TIME HERE -- SERVED TIME, BUT IS NOW SERVING

                    A SECOND CHANCE OVER LEADERSHIP AND COMMITMENT FOR HIS COMMUNITY,

                    AND WE'RE SO GRATEFUL FOR HIS SERVICE, BUT ALSO FOR THE MODEL THAT HE

                    SERVES FOR HIS COMMUNITY HERE IN NEW YORK CITY.

                                 SO MR. SPEAKER, I'M PROUD TO VOTE IN THE AFFIRMATIVE

                    ON THIS VERY CRITICAL RESOLUTION IN ACKNOWLEDGING APRIL 2022 AS SECOND

                    CHANCE MONTH IN THE STATE OF NEW YORK, AND I ENCOURAGE MY

                    COLLEAGUES TO DO THE SAME.

                                         15



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

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

                    RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 774, MS.

                    BICHOTTE HERMELYN.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM APRIL 2022 AS SEXUAL ASSAULT AWARENESS

                    MONTH IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

                    THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED.  THE RESOLUTION IS

                    ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 775, MR.

                    DESTEFANO.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL TO PROCLAIM APRIL 2022 AS BULLYING PREVENTION MONTH

                    IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  MR. DESTEFANO ON THE

                    RESOLUTION.

                                 MR. DESTEFANO:  THANK YOU, MR. SPEAKER, FOR THE

                    OPPORTUNITY TO SPEAK ON THIS RESOLUTION.  FAR TOO MANY PEOPLE IN OUR

                    STATE ARE EITHER BULLIES OR VICTIMS OF BULLYING.  THOUSANDS OF YOUNG

                    PEOPLE STAY HOME FROM SCHOOL EVERY DAY BECAUSE THEY FEAR OF GETTING

                    BULLIED.  BULLYING IS COMPROMISED OF DIRECT BEHAVIORS SUCH AS TEASING,

                    TAUNTING, THREATENING, HITTING, AND STEALING, AS WELL AS INDIRECT ACTIONS

                    INCLUDING THE SPREADING OF RUMORS, INTENTIONAL EXCLUSION, AND CAUSING

                                         16



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    SOCIAL ISOLATION, ALL OF WHICH AMOUNT TO PHYSICAL OR PSYCHOLOGICAL

                    INTIMIDATION, HARASSMENT, AND ABUSE.  BOTH BULLIES AND THE PEOPLE THAT

                    HARASS ARE AT AN INCREASED RISK FOR SUBSTANCE ABUSE, ACADEMIC

                    PROBLEMS, AND VIOLENCE BOTH IN ADOLESCENCE AND ADULTHOOD.  IN

                    ADDITION, THOSE WHO STAND BY PASSIVELY WATCHING AND ENCOURAGING

                    BULLYING ARE ALSO AFFECTED BY THESE HOSTILE ACTS.

                                 ON THE OTHER HAND, INDIVIDUALS WHO CHOOSE TO PRACTICE

                    UNSELFISH GENEROSITY AND WHO LEAD BY EXAMPLE LEAVE A TRAIL OF -- OF

                    POSITIVE FEELINGS IN THEIR WAKE; THEREFORE, IT IS IMPERATIVE THAT THERE ARE

                    CONTINUED PUBLIC AWARENESS AROUND THE SERIOUS ISSUES OF BULLYING AND

                    ENCOURAGE NEW YORKERS TO PRACTICE KINDNESS TOWARDS ALL PEOPLE.

                                 WHAT CAN WE DO TO PREVENT BULLYING?  PARENTS, SCHOOL

                    STAFF AND OTHER CARING ADULTS HAVE A ROLE TO PLAY IN PREVENTING BULLYING.

                    THEY CAN HELP KIDS UNDERSTAND BULLYING, TALK ABOUT WHAT BULLYING IS

                    AND HOW TO STAND UP TO IT SAFELY, TELL KIDS BULLYING IS UNACCEPTABLE,

                    MAKE SURE KIDS KNOW HOW TO GET HELP.  KEEP THE LINES OF

                    COMMUNICATION OPEN, CHECKING WITH KIDS OFTEN.  LISTEN TO THEM, KNOW

                    THEIR FRIENDS, ASK ABOUT THEIR SCHOOL AND UNDERSTAND THEIR CONCERNS.

                    ENCOURAGE KIDS TO DO WHAT THEY LOVE.  SPECIAL ACTIVITIES, INTEREST IN

                    HOBBIES CAN BOOST CONFIDENCE AND HELP KIDS MAKE FRIENDS AND PROTECT

                    THEM FROM BULLYING BEHAVIOR.  HELP KIDS BY UNDERSTANDING THAT

                    BULLYING IS -- CAN BE BETTER IDENTIFIED.  THEY CAN TALK ABOUT BULLYING

                    AND IF IT HAPPENS TO THEM, KIDS NEED TO KNOW WAYS TO STAND UP TO

                    BULLYING AND HOW TO GET HELP.  ENCOURAGE KIDS TO SPEAK TO A TRUSTED

                    ADULT IF THEY ARE BULLIED OR SEE OTHERS BEING BULLIED.  THE ADULT CAN

                                         17



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    COMFORT, SUPPORT, AND ADVISE THEM IF THEY CAN'T SOLVE THEIR PROBLEM

                    DIRECTLY, ENCOURAGE THE CHILD TO SUPPORT -- TO REPORT BULLYING.

                                 MR. SPEAKER, I -- I WANT TO THANK THE MEMBERS ON

                    BOTH SIDES OF THE AISLE FOR SUPPORTING THIS BILL.  EITHER WE KNOW

                    SOMEONE OR WE'VE BEEN OURSELVES BULLIED IN THE PAST WHETHER WE WERE

                    A CHILD OR AN ADULT, AND THAT'S WHY I'M PUTTING MY WHOLE HEART AND

                    SUPPORT BEHIND THIS AND THANK MY -- MY COLLEAGUES ON BOTH SIDES OF

                    THE AISLE AND THANKING THEM FOR MAKING THIS A VERY IMPORTANT ISSUE

                    BECAUSE AS A CHILD, I WAS BULLIED, I WAS, YOU KNOW, SHORT, FAT, HAPPY

                    AND STUPID AND I -- I TOOK THAT A LOT AND IT TOOK ME -- IT TOOK ME TO A

                    DIFFERENT LEVEL IN MY LIFE WHERE I WANTED TO MAKE SURE THAT PEOPLE DID

                    NOT HAVE TO GO THROUGH THAT WHAT I HAD TO GO THROUGH BACK WHEN I WAS

                    YOUNGER AND I WAS IN SCHOOL.  AND I THANK MY COLLEAGUES FOR

                    SUPPORTING THIS RESOLUTION.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.  ON

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

                    THE RESOLUTION IS ADOPTED.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 776, MR.

                    SMITH.

                                 LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

                    KATHY HOCHUL PROCLAIM APRIL 2022 AS MATHEMATICS AND STATISTICS

                    AWARENESS MONTH IN THE STATE OF NEW YORK.

                                 ACTING SPEAKER AUBRY:  ON THE RESOLUTION, ALL

                    THOSE IN FAVOR SIGNIFY BY SAYING AYE; NAY.  THE RESOLUTION IS ADOPTED.

                                 WE WILL GO TO PAGE 32, CALENDAR NO. 427, THE CLERK

                                         18



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A05390-B, CALENDAR

                    NO. 427, FAHY, SIMON, THIELE, GRIFFIN, STECK.  AN ACT TO AMEND THE

                    ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO SETTING CONSERVATION

                    GOALS FOR THE STATE AND INCLUDING EFFORTS TO COMBAT THE BIODIVERSITY AND

                    CLIMATE CRISES IN THE STATE'S LAND ACQUISITION POLICY; AND PROVIDING FOR

                    THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  EXPLANATION IS

                    REQUESTED, MS. FAHY.

                                 MS. FAHY:  THANK YOU.  I FEEL LIKE I HAVE A KNACK

                    FOR TIMING, BUT THANK YOU EVERYBODY.  REALLY, I APPRECIATE THE -- THE

                    WARMTH IN THIS PLACE.

                                 SO I RISE TODAY ON A BILL TO SET A GOAL, AND THAT GOAL IS

                    THAT WE WOULD SET ASIDE AT LEAST 30 PERCENT OF THE STATE'S LAND AND

                    WATER BY 2030.  SO THIS BILL WOULD DIRECT THE DEC, OR DEPARTMENT OF

                    ENVIRONMENTAL CONSERVATION, IN CONSULTATION WITH THE OFFICE OF PARKS,

                    RECREATION AND HISTORIC PRESERVATION TO DEVELOP STRATEGIES TO CONSERVE

                    THAT 30 PERCENT OF OUR -- OF OUR LAND.  DEPENDING ON WHAT ESTIMATES

                    YOU USE, SOME PUT US AT ABOUT 19 PERCENT RIGHT NOW, BUT THIS BILL WAS

                    AN OUTGROWTH OF A RECORD ISSUED OVER TWO YEARS AGO, JANUARY 2020,

                    WHEN THE UN CONVENTION ON BIOLOGICAL DIVERSITY ISSUED A GLOBAL

                    DIVERSITY FRAMEWORK AND PROPOSED A GOAL OF CONSERVING 30 PERCENT OF

                    THE PLANET BY 2030.  IT'S INTENDED TO PROJECT OUR -- PROTECT OUR

                    BIODIVERSITY AND TO AVERT SOME OF THE -- THE WORST EFFECTS OF CLIMATE

                    CHANGE, WHICH I FEEL LIKE WE SEE EVERY WEEK, QUITE FRANKLY, BUT IT'S ALSO

                                         19



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    TO PROTECT OUR FOOD SUPPLY CHAINS, OUR ECOSYSTEMS, AND MORE.  THANK

                    YOU.

                                 ACTING SPEAKER AUBRY:  MR. SMULLEN.

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

                    WOULD THE MEMBER FROM THE 109TH DISTRICT KINDLY YIELD FOR SOME

                    QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. FAHY, WILL YOU

                    YIELD?

                                 MS. FAHY:  I'M HAPPY TO.

                                 ACTING SPEAKER AUBRY:  THE MEMBER YIELDS.

                                 MR. SMULLEN:  WELL, MS. FAHY, THANK YOU VERY

                    MUCH FOR THAT EXPLANATION, AND PLEASE ALLOW ME TO EXPRESS MY

                    CONDOLENCES ON YOUR LOSS AND FOR YOUR COURAGE IN COMING TO THE

                    CHAMBER AND SPEAKING OUT AS YOU DID ON THE PREVIOUS RESOLUTION.  IT'S

                    -- IT'S VERY ADMIRABLE.  I APPRECIATE THAT VERY MUCH.

                                 MS. FAHY:  THANK YOU.  THANK YOU.

                                 MR. SMULLEN:  I DO WANT TO ASK SOME QUESTIONS

                    ABOUT THIS -- THE 30X30 BILL THAT WE'RE DISCUSSING TODAY AND IT'S REALLY

                    IMPORTANT I THINK.  WE TALKED ABOUT THIS IN COMMITTEE FOR THE LAST

                    COUPLE OF YEARS AND NOW HERE WE ARE ON THE FLOOR ATTEMPTING TO PASS IT.

                    AND, YOU KNOW, PERHAPS IT BECOMES LAW AND THEN WE HAVE A GOAL THAT

                    BECOMES LAW.  IT'S VERY SIMILAR TO HOW THE CLCPA SET A LOT OF GOALS AS

                    A LAW, AND THEN WE'VE HAD SUBSEQUENT LEGISLATION THAT'S -- THAT'S

                    AFFECTED THAT.  AND MY -- THE NATURE OF MY QUESTIONS ARE HOW THIS

                    LEGISLATION, AND I UNDERSTAND WHAT THE LEGISLATION IS, BUT HOW IT WILL

                                         20



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    AFFECT THE FUTURE OF LAND USE IN NEW YORK STATE AND HOW WE AS A STATE

                    VIEW THOSE THINGS.  AND -- AND THAT WILL BE THE -- THE GIST OF MY

                    QUESTIONS.

                                 SO HOW MANY ACRES RIGHT NOW WOULD THE 30 PERCENT

                    GOAL AFFECT IN NEW YORK STATE OVERALL?  WHAT IS -- WHAT IS YOUR TARGET

                    IN THIS LEGISLATION FOR LAND TO BE PLACED INTO SOME SORT OF CONSERVATION

                    MANAGEMENT?

                                 MS. FAHY:  WELL, AGAIN RIGHT NOW, AGAIN, SOME

                    ESTIMATES, INCLUDING THE DEC ESTIMATE, HAS US AT 19 PERCENT.  THE GOAL

                    IS 30 PERCENT BUT THAT INCLUDES LAND AND WATER, SO IT -- IT COULD BE A MIX

                    AND I DON'T HAVE THE EXACT ESTIMATE OF -- OF HOW MANY ACRES, BUT AS YOU

                    KNOW AS WE'VE PASSED MANY RESOLUTIONS AND WE'VE PASSED FUNDING TO --

                    PARTICULARLY IN THE ADIRONDACKS AND THE CATSKILLS TO -- TO CONSERVE

                    MORE LAND, AS WELL AS WATER, SO WE'VE -- WE'VE MADE GREAT STRIDES ON

                    THAT.  BUT I -- I DON'T HAVE AN ESTIMATE, AGAIN, BECAUSE IT WOULD BE -- IT

                    WOULD BE LAND AND WATER, AND I SHOULD ADD IT IS A GOAL, IT IS NOT -- IT'S

                    NOT A MANDATE, ALTHOUGH CERTAINLY YOU'RE RIGHT ABOUT THE -- THE CLIMATE

                    GOALS OVERALL THAT WE PASSED IN 2013.  IT IS -- THE IDEA IS TO DEVELOP

                    STRATEGIES TO COORDINATE TO REALLY LOOK AT THE PROTECTIONS AND THE

                    RESTORATION PROJECTS TO MAKE SURE THAT WE ARE -- ARE DOING ALL WE CAN TO

                    BUILD CLIMATE RESILIENCY, AS WELL.

                                 MR. SMULLEN:  WELL, CERTAINLY I -- BUT JUST GETTING

                    BACK TO THE -- THE GROSS AMOUNT OF ACREAGE.  YOU KNOW, I THINK IN SOME

                    WAY WE HAVE ABOUT 35 MILLION ACRES OF LAND IN NEW YORK STATE AND YET

                    30 PERCENT OF -- OF SAY 36 IS 12 MILLION ACRES.  IF DEC RIGHT NOW ONLY

                                         21



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    MANAGES 4.5 MILLION ACRES, WHERE IS THAT 7 MILLION ACRES GOING TO COME

                    FROM?  AND THAT'S THE -- THE NATURE OF MY NEXT QUESTIONS.  IF WE'RE -- IF

                    WE'RE REALLY LOOKING AT THIS AS A GOAL, THAT WE'RE GOING TO GET TO ACTUALLY

                    30 PERCENT OF OUR LAND, AND I KNOW THIS IS NESTED UNDER A FEDERAL GOAL

                    OF 30 PERCENT, DO YOU KNOW HOW MUCH LAND IN THE UNITED STATES IS

                    CURRENTLY UNDER CONSERVATION EASEMENT BETWEEN FEDERAL AND STATE

                    ENTITIES IN THE UNITED STATES?

                                 MS. FAHY:  I DON'T HAVE THE NUMBER ON CONSERVATION

                    EASEMENT, BUT RIGHT NOW THE U.S. HAS ROUGHLY 12 PERCENT, AGAIN,

                    DEPENDING ON WHAT NUMBERS YOU USE, AND CERTAINLY DIFFERENT STATES

                    HAVE VARYING NUMBERS.  SOME WOULD SAY DEPENDING ON HOW YOU

                    CALCULATE IT THAT IT IS EVEN HIGHER, BUT IT IS LAND AND WATER AND -- AND

                    YOU MENTIONED WHAT'S UNDER MANAGEMENT BY DEC.  THIS WOULD NOT

                    NECESSARILY BE LANDS THAT WOULD BE MANAGED BY DEC.  CONSERVATION

                    EASEMENTS ARE NOT ALL MANAGED BY THEM.  THERE ARE -- THERE ARE PRIVATE

                    EASEMENTS.  WE JUST ADOPTED ONE THROUGH LEGISLATION HERE IN ONE OF THE

                    TOWNS I REPRESENT, GUILDERLAND.  SO THOSE WOULD BE PRIVATE

                    CONSERVATION EASEMENTS AND THOSE WOULD COUNT TOWARD THIS, AS WELL.

                    SO IT'S NOT ALL JUST PUBLIC LANDS AND THEY WOULDN'T ALL -- MY

                    UNDERSTANDING IS THEY WOULDN'T ALL HAVE TO BE MANAGED BY DEC.

                                 MR. SMULLEN:  WELL, ALL CONSERVATION --

                                 MS. FAHY:  JUST AS TOWN WATER ISN'T.

                                 MR. SMULLEN:  CONSERVATION EASEMENTS ARE

                    MANAGED BY -- BY THE DEC --

                                 MS. FAHY:  IT'S MANAGED, BUT NOT -- SORRY, NOT UNDER

                                         22



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    CONTROL.  THEY'RE -- THEY'RE STILL UNDER PRIVATE, YOU KNOW, WHEN A

                    FARMER OPS FOR.

                                 MR. SMULLEN:  LET ME SAY IT ANOTHER WAY, PRIVATE

                    LAND THAT IS SUBJECT TO AN AGREEMENT WITH THE STATE THAT'S MANAGED BY

                    THE DEC.

                                 MS. FAHY:  OKAY, FAIR ENOUGH.  I WAS THINKING THE

                    PRIVATE OWNERSHIP, IT STILL HAS THE -- THE PRIVATE OWNERSHIP AND, AGAIN,

                    THIS DOES NOT -- YOU HAVE ALSO HAVE TO ADD IN WATER, AS WELL.

                                 MR. SMULLEN:  AND HOW MUCH -- HOW MUCH

                    WATERS ARE UNDER THE JURISDICTION OF NEW YORK STATE AT THIS POINT?

                                 MS. FAHY:  I DON'T HAVE THE SPLIT; WE DON'T HAVE THE

                    SPLIT ON WATER VERSUS -- WATER VERSUS LAND.

                                 MR. SMULLEN:  BUT IT'S -- BUT WAY THE -- THE BILL IS

                    SET UP, IT'S 30 PERCENT LAND AND 30 PERCENT WATER, NOT A CUMULATIVE 30

                    PERCENT TOTAL.

                                 MS. FAHY:  IT IS A CUMULATIVE TOTAL.  IT IS -- IN OTHER

                    WORDS, IT'S 30 PERCENT OVERALL.  IT DOESN'T SAY IT HAS TO BE 30 PERCENT

                    WATER, IT DOESN'T HAVE TO BE 30 PERCENT -- IT COULD BE ANY MIX OF THAT,

                    BUT IT'S 30 PERCENT OVERALL.

                                 MR. SMULLEN:  SO THE -- THE WATERS UNDER LAKE

                    ONTARIO AND LAKE ERIE SHOULD BE INCLUDED IN THAT TOTAL TODAY, THAT 30

                    PERCENT TOTAL.

                                 MS. FAHY:  YES, THEY'RE PRESERVED, YES.  YES.

                                 MR.  SMULLEN:  AS WELL AS THE WATERS AROUND THE

                    GREATER NEW YORK CITY AREA, LONG ISLAND SOUND, ET CETERA, ET CETERA --

                                         23



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MS. FAHY:  RIGHT, AND WE'RE MAKING --

                                 MR. SMULLEN:  -- WHERE NEW YORK STATE HAS

                    JURISDICTION.

                                 MS. FAHY:  YES.  AND AS YOU KNOW, WE'RE MAKING

                    EVERY EFFORT TO PRESERVE THAT AND TO ADD TO THAT, TO PROTECT THE

                    BIODIVERSITY THERE AS WELL AS THE WATER RESILIENCY.

                                 MR. SMULLEN:  MOST CERTAINLY.  BUT IT ALL COUNTS

                    TOWARDS THIS AGGREGATE 30 PERCENT NUMBER, GOAL, TARGET THAT WE'RE --

                    THAT WE'RE TRYING TO GO TOWARDS.

                                 MS. FAHY:  YES.

                                 MR. SMULLEN:  OKAY.  I JUST WANTED TO CLARIFY THAT

                    BECAUSE THERE HAVE BEEN A LOT OF QUESTIONS FROM A LOT OF DIFFERENT

                    GROUPS ABOUT WHAT LANDS WILL COUNT.  WILL FARMLAND COUNT UNDER THIS IF

                    IT'S FARMLAND THAT'S FARMED IN ACCORDANCE WITH DEC AND DEPARTMENT OF

                    AG AND MARKET REGULATIONS?

                                 MS. FAHY:  THAT'S WHAT I WAS REFERRING TO EARLIER.  IF

                    IT HAS THAT CONSERVATION EASEMENT, AND MY RECOLLECTION, AT LEAST THE

                    ONES WE'VE DONE LOCALLY, THEY'RE UP TO 100 YEARS AND THOSE WOULD

                    COUNT.  THOSE -- THOSE LANDS THAT ARE STILL BEING FARMED, BUT PART OF A

                    CONSERVATION EASEMENT WOULD -- WOULD COUNT TOWARD THIS TOTAL.

                                 MR. SMULLEN:  AND -- AND WHAT ABOUT THOSE THAT

                    ARE ZONED AGRICULTURE THAT ARE NOT DEVELOPABLE FOR ANY OTHER PURPOSE

                    OTHER THAN AGRICULTURE?

                                 MS. FAHY:  THAT -- THAT WOULD BE LEFT TO DEC AS

                    THEY -- AS THEY DEVELOP THIS.  AND MY RECOLLECTION WHEN WE FIRST

                                         24



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    STARTED THIS A COUPLE OF YEARS AGO IS THAT THIS -- MY UNDERSTANDING WAS

                    THAT THIS IS AN ACHIEVABLE GOAL, THIS IS NOT -- BECAUSE THERE ARE -- WE ARE

                    DOING MORE TO EXPAND THE CONSERVATION EASEMENTS, MORE TO KEEP OUR

                    FARMLAND AS FARMS, AND TO MAKE SURE WE ARE HAVING SMARTER GROWTH

                    AND DEVELOPMENT.

                                 MR. SMULLEN:  NOW, ONE OF THE THINGS IN NEW

                    YORK STATE, THROUGH ITS RECENT CLIMATE LEADERSHIP AND COMMUNITY

                    PROTECTION ACT IS -- IS ACTUALLY INCENTIVIZING LAND TO BE PUT UNDER SOLAR

                    PANELS.  WOULD SOLAR PANELS COUNT?  THAT'S A -- A 40 YEAR EFFORT.  WE'RE

                    GOING TO PUT A BOND ON THIS THAT REQUIRES IT TO BE CLEANED UP AFTERWARDS.

                    ISN'T THAT A WAY OF CONSERVING LAND?

                                 MS. FAHY:  MY UNDERSTANDING IS THAT IT WOULD BE

                    YES AS LONG AS THAT LAND WHERE THOSE SOLAR DEVELOPMENTS ARE PUT IS PART

                    OF A -- IT'S ALSO CONSERVED, OR PART OF A CONSERVATION EASEMENT.  SO YES,

                    THAT --

                                 MR. SMULLEN:  CAN THAT --

                                 MS. FAHY:  -- THAT WOULD BE MY UNDERSTANDING.

                                 MR. SMULLEN:  -- BE DONE RETROACTIVELY BY A LAND

                    OWNER THAT OWNS A SOLAR LEASE, CAN THEY PUT THAT LAND UNDER

                    CONSERVATION EASEMENT AFTER A SOLAR FARM IS DEVELOPED?

                                 MS. FAHY:  WE DON'T ADDRESS THAT BUT, QUITE FRANKLY,

                    I THINK THAT'S A GOOD IDEA AND HAPPY TO WORK WITH YOU ON IT, BECAUSE

                    WE WANT TO INCENTIVIZE THAT.

                                 MR. SMULLEN:  WELL, CERTAINLY --

                                 MS. FAHY:  BUT AGAIN, IT'S NOT ADDRESSED -- THAT'S NOT

                                         25



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ADDRESSED IN THIS -- IN THIS LEGISLATION.

                                 MR. SMULLEN:  AND -- AND I UNDERSTAND.  AND

                    WHAT'S ALSO IN THIS LEGISLATION THAT IS WORRISOME IS HAVING WORDS HAVING

                    TO DO WITH LAND ACQUISITION.  SO IF WE LOOK AT NEW YORK STATE'S HISTORY

                    OF LAND ACQUISITION IN THREE MAJOR AREAS, PARTICULARLY IN UPSTATE, THE

                    ADIRONDACK PARK, THE CATSKILL PARK AND THE TUG HILL REGION; ABOUT

                    HOW MUCH OF THAT IS UNDER NEW YORK STATE OWNERSHIP MANAGEMENT

                    OVERALL?

                                 MS. FAHY:  WELL, I KNOW THE ADIRONDACKS OVERALL IS

                    SIX MILLION AND I THINK IT'S MORE THAN THE MAJORITY OF IT IS -- IS -- WOULD

                    BE PART OF THIS 30 PERCENT, AND SOME OF THAT IS PRIVATE.  I -- I FORGET THE

                    SPLIT, I KNOW I'VE READ IT, BUT -- BUT CERTAINLY THE MAJORITY OF THAT IS.

                    AND IT'S NOT TO -- THIS DOESN'T EMPOWER DEC TO ACQUIRE LAND.  ANY TIME

                    WE HAVE ADDED TO, FOR INSTANCE, THE ADIRONDACKS, THAT'S BEEN -- WE'VE

                    -- YES AND WE'VE -- WE'VE PAID FOR THOSE, YOU KNOW, THAT'S BEEN -- THE

                    PRIVATE OWNER HAS BEEN COMPENSATED FOR THAT.  SO THAT'S SOMETHING THAT

                    WE HAVE -- WE'VE ADOPTED HERE REPEATEDLY.

                                 MR. SMULLEN:  AND -- AND ONE OF THE OTHER AREAS

                    OF CONCERNS IS -- IS LAND -- IS LAND THAT'S MANAGED FOR -- FOR TIMBER

                    PURPOSES.  WOULD THAT COUNT IN THIS THAT YOU WOULD BE ABLE TO CONSERVE

                    THE LAND AND THEN USE IT FOR THE TIMBER HARVESTING, WHICH IS -- WHICH IS

                    ITS PRIMARY PURPOSE, AS WELL AS OTHER RECREATION PURPOSES; WOULD THAT

                    COUNT TOWARDS THIS NUMBER?

                                 MS. FAHY:  AGAIN, IF IT'S SUBJECT TO AN EASEMENT.  SO

                    IF IT'S -- IF IT IS -- THE TIMBER THAT'S BEING HARVESTED IS SUBJECT TO ONE OF

                                         26



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THESE EASEMENTS AS WE HAVE DONE, I'M RECALLING THE FINCH, SOME OF THE

                    FINCH PAPER LANDS, THAT WOULD QUALIFY UNDER THIS.

                                 MR. SMULLEN:  AND IS THERE ANY -- ANY

                    CONTEMPLATION OF ADDITIONAL CONSERVATION MECHANISMS BEING PROPOSED

                    THAT WOULD INCREASE THE AMOUNT OF EASEMENT?  FOR INSTANCE, WE JUST

                    RECENTLY REGULATED WETLANDS MORE THOROUGHLY.  THERE'S ABOUT A MILLION

                    ACRES OF WETLANDS; WOULD -- WOULD THEY COUNT TOWARDS THIS NUMBER?

                                 MS. FAHY:  MY UNDERSTANDING IS WETLANDS WOULD

                    COUNT, AND I SHOULD SAY WE ALSO -- WE GAVE ADDITIONAL DOLLARS TO THE

                    ENVIRONMENTAL PROTECTION FUND, EPF, AND THERE WE DID INCREASE THE

                    NUMBER OF DOLLARS FOR LAND CONSERVATION EFFORTS.  SO I'D SAY THOSE

                    EFFORTS ARE GROWING EVERY DAY TO TRY TO MAKE SURE THAT WE ARE

                    PRESERVING LAND AND -- AND INCREASING SMART GROWTH -- ADOPTING SMART

                    GROWTH PLANS, AS WELL.

                                 MR. SMULLEN:  THANK YOU FOR THAT.  THERE ARE A LOT

                    OF CONCERNS FROM A LOT OF THE DIFFERENT ENTITIES, INCLUDING

                    MUNICIPALITIES AND SCHOOL DISTRICTS, THAT ARE DEPENDENT ON STATE

                    FUNDING THROUGH THE STATE TAX THAT THEY ARE PAID FOR THESE STATE LANDS IN

                    THEIR DISTRICTS AND THAT -- IT FALLS DISPROPORTIONATELY IN MANY OF THE

                    AREAS, ONE THAT I REPRESENT, BUT ALSO IN OTHER PARTS OF THE STATE WHERE

                    THERE'S A LOT OF CONCERN THAT THE STATE IS -- IS GOBBLING UP MORE LAND

                    AND ADDING IT TO WHATEVER AREA OF STATE LAND IS.  AND IT'S EVERY

                    GOVERNOR FOR THE PAST 100 YEARS HAS BOUGHT MORE LAND.  WE'VE NEVER

                    SOLD LAND IN NEW YORK STATE BACK TO THE PEOPLE.  IT'S -- IT'S BEEN A

                    ONE-WAY STREET, AND THEREIN LIES THE CONCERN.  IS THERE ANY PROVISION OR

                                         27



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    CONTEMPLATION IN THIS OR IN FUTURE BILLS THAT THE -- THE TAX STRUCTURE IS

                    THEN MADE EQUITABLE TO SUPPORT THE -- THE PEOPLE IN THE -- IN THE PUBLIC

                    INFRASTRUCTURE IN THOSE AREAS THAT SUPPORTS NOT ONLY THE PEOPLE THAT LIVE

                    THERE, BUT THE PEOPLE THAT VISIT AND THERE'S TOURISTS THERE?

                                 MS. FAHY:  WELL, I CAN ANSWER IN GENERAL.  I LIVE IN

                    AND REPRESENT THE CITY OF ALBANY WHERE 63 PERCENT OF THE LAND IS -- IS

                    OFF THE TAX ROLL.  SO IT'S -- IT'S NOT ALL -- CERTAINLY NOT LAND THAT'S

                    CONSERVED, BUT WE'VE MADE EVERY EFFORT TO SEEK ADDITIONAL DOLLARS TO --

                    TO MINIMIZE THE BURDEN ON THE PROPERTY TAXPAYER SO THAT WE ARE

                    COMPENSATING WITH STATE DOLLARS BECAUSE SO MUCH OF THAT LAND IS OFF

                    THE TAX ROLL.  SO JUST AS WE'VE DONE WITH INCREASING EDUCATION FUNDS TO

                    TRY TO MINIMIZE THE BURDEN ON PROPERTY TAX, LOCAL PROPERTY TAXPAYERS,

                    I'D SAY IT'S -- IT'S THE SAME HERE.  YES, WE -- WE DO NEED TO COMPENSATE

                    AND I THINK THAT WE'VE DEMONSTRATED OVER THE LAST GOOD FEW YEARS THAT

                    WE HAVE, THROUGH EITHER PUBLIC FUNDING OR PRIVATE EFFORTS WHEN LAND

                    HAS BEEN CONSERVED, THOSE OWNERS HAVE BEEN -- HAVE BEEN

                    COMPENSATED.

                                 BUT YES, I UNDERSTAND WHAT YOU ARE SAYING ABOUT THE

                    LOCAL PROPERTY TAXPAYERS AND THAT'S PART OF WHY WE'VE INCREASED

                    EDUCATION FUNDING, FOR INSTANCE, TO MINIMIZE THAT LOCAL BURDEN.  AND

                    HAPPY TO CONTINUE TO WORK WITH YOU, IT'S -- IT'S PROBABLY ONE OF THE

                    MORE CHALLENGING ISSUES HERE IN ALBANY IS THE FACT THAT SO MUCH OF OUR

                    LAND IS -- IS OFF THE TAX ROLLS, LOCAL TAX ROLLS.

                                 MR. SMULLEN:  WELL, THANK YOU VERY MUCH FOR

                    THAT.  I -- I WON'T ASK YOU WHAT THE PERCENTAGE OF LAND IN ALBANY

                                         28



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    COUNTY IS AS A PERCENTAGE, IF IT'S 30 PERCENT OR NOT.  SO -- BUT I'LL GO ON

                    THE BILL, MR. SPEAKER, SO I CAN FINISH UP IN A TIMELY FASHION.

                                 ACTING SPEAKER AUBRY:  CERTAINLY, SIR.

                                 MR. SMULLEN:  SO WHAT REALLY -- WHAT THIS BILL

                    COMES DOWN TO IS DO YOU TRUST NEW YORK STATE TO MANAGE YOUR LAND?

                    IF YOU'RE A PRIVATE LANDOWNER, WITHOUT BUYING AN EXTRAORDINARY AMOUNT

                    OF -- OF STATE LAND IN NEW YORK STATE IS DO YOU TRUST NEW YORK STATE

                    TO KEEP ITS END OF THE BARGAIN AND NOT SHIFT THE GOALPOSTS IN AN

                    ENVIRONMENTAL MANNER ON THE LAND THAT YOU OWN AND THAT YOU CAN USE

                    FOR PRIVATE USE, WHICH COULD BE A VARIETY OF THINGS, ANYTHING FROM

                    FARMING TO TIMBER TO PERHAPS DEVELOPMENT.  YOU KNOW, I SINCERELY

                    DOUBT THAT THE PEOPLE IN THE COUNTIES IN NEW YORK CITY HAVE 30

                    PERCENT OF THEIR LAND TO SPARE TO BE ABLE TO SET ASIDE FOR AN AMBITIOUS

                    GOAL SUCH AS THIS.  I SINCERELY DOUBT THAT THE PEOPLE IN LONG ISLAND

                    HAVE ANYWHERE NEAR 30 PERCENT OF THEIR LAND TO SET ASIDE.

                                 SO WHAT THE EFFECTS OF THIS BILL IS GOING TO BE IS IT'S

                    GOING TO DISPROPORTIONATELY AFFECT THE AREAS OF NEW YORK STATE WHICH

                    ARE ALREADY SET ASIDE AS PUBLIC LAND, THE ADIRONDACK PARK, THE CATSKILL

                    PARK, THE TUG HILL REGION AND THE AGRICULTURAL AREAS OF NEW YORK STATE

                    WHERE THAT LAND IS VALUABLE TO THE PRIVATE CITIZENS WHICH OWN IT.  SO

                    HERE WE ARE AGAIN GOING TOWARDS A GOAL THAT'S UNDEFINED THAT'S, IN FACT,

                    ILL-DEFINED, AND WE'RE GOING TO LEAVE IT TO FUTURE LEGISLATION TO BE ABLE

                    TO EXPLAIN FOR WHAT IT MEANS TO THE CITIZENS OF THOSE COUNTIES WHERE

                    THIS 30 PERCENT OF LAND IS GOING TO COME FROM, BECAUSE WE DON'T KNOW

                    IF IT'S LAKE ONTARIO OR LAKE ERIE YET.  WE DON'T KNOW IF IT'S ALL THE LAKES

                                         29



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THAT ARE OWNED BY NEW YORK STATE AT THIS POINT, BECAUSE THE NUMBERS

                    AREN'T THERE.  THE -- THE BACKGROUND AND THE -- THE SCIENCE IS NOT THERE

                    BEHIND IT.

                                 FOR THAT REASON, I CAN'T SUPPORT THIS BILL AT THIS TIME,

                    ALTHOUGH I WOULD SAY THAT I AM IN -- IN FAVOR OF THE GOALS OF GREATER

                    CONSERVATION EFFORTS IN VERY TARGETED, VERY FOCUSED WAYS IN NEW YORK

                    STATE WHERE THEY BENEFIT NOT ONLY THE CITIZENS OF THE ENTIRE STATE, BUT

                    THE CITIZENS OF THE COUNTIES IN WHICH THIS LAND IS PROPOSED TO BE TAKEN,

                    BUT ALSO THE PRIVATE LANDOWNERS WHICH HAVE TO UNDERSTAND WHAT THE

                    BARGAIN THEY'RE MAKING WITH THE DEVIL HERE WITH NEW YORK STATE AND

                    HAVING IT HELP THEM MANAGE THEIR LAND.  SO FOR THAT REASON, I WILL BE

                    VOTING NO ON THIS MEASURE.  I URGE ALL OF MY COLLEAGUES TO VERY

                    CAREFULLY CONSIDER IT AND SEE WHAT THE WILL OF THE PEOPLE IN THEIR DISTRICT

                    IS WHEN IT COMES TO THIS, BECAUSE I KNOW IT'S GOING TO FALL

                    DISPROPORTIONATELY ON THE PEOPLE IN MY DISTRICT AND THOSE LIKE MINE.

                    THANK YOU VERY MUCH, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. MANKTELOW.

                                 MR. MANKTELOW:  THANK -- THANK YOU, MR.

                    SPEAKER.  WOULD THE SPONSOR YIELD FOR A QUESTION OR TWO, PLEASE?

                                 ACTING SPEAKER AUBRY:  MS. FAHY, WILL YOU

                    YIELD?

                                 MS. FAHY:  YES, HAPPY TO.

                                 ACTING SPEAKER AUBRY:  MS. FAHY YIELDS, SIR.

                                 MR. MANKTELOW:  GOOD MORNING, AND JUST A

                                         30



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    COUPLE OF QUICK QUESTIONS, NOT -- NOT A LOT.  ONE OF MY CONCERNS HERE IS

                    WITH THE AG LAND.  SO IF WE HAVE NEIGHBORS THAT ARE CONTIGUOUS TO OUR

                    AG PROPERTY AND THEY DECIDE TO PUT THIS INTO THIS PROGRAM, PART OF THAT

                    30 PERCENT ACROSS THE STATE, WHAT -- WHAT HAPPENS TO THE -- THE DITCHES

                    AND THE STREAMS AND THE DIFFERENT WAYS OF GETTING WATER OFF OF AG LAND?

                    WHAT -- WHAT HAPPENS TO THOSE PROPERTIES THAT ARE NOW IN THIS?  ARE WE

                    STILL GOING -- GOING TO BE ABLE TO PERFORM MAINTENANCE ON THOSE DITCHES

                    TO THE POINT WHERE WE CAN STILL HAVE OUR WATER MOVED AWAY FROM OUR

                    FARMLANDS?

                                 MS. FAHY:  IT REALLY -- IF IT'S -- IF IT'S PART OF A

                    CONSERVATION EASEMENT AND THE FARMER, FOR INSTANCE, THE FARM CHOOSES

                    TO STILL FARM THAT LAND THEN IT WOULD BE, AS IT'S -- AS IT'S BEEN, ALL OF THOSE

                    -- ALL OF THOSE EFFORTS WOULD CONTINUE TO APPLY IF IT'S -- IF IT'S JUST LAND

                    THAT'S BEEN -- THAT HAS, YOU KNOW, FOREST GROWTH ON IT, IT'S AGAIN, THE

                    SAME -- THE SAME TYPE OF TREATMENT.  IT DOESN'T -- IT JUST -- IT JUST

                    QUALIFIES IT DIFFERENTLY AND IT -- AND IT PREVENTS IT FROM BEING DEVELOPED

                    AND CUT UP TO ONE ACRE HOUSES AND FUELING -- FUELING SPRAWL IN -- IN

                    CERTAIN REGIONS.  SO IT -- AGAIN, CONSERVATION EASEMENTS ARE TO HELP, AT

                    LEAST HERE WHERE WE -- WHERE WE'VE SEEN A NUMBER OF THEM IN -- IN MY

                    SURROUNDING TOWNS, IT'S BEEN TO HELP WITH EASING SOME OF THE PRESSURES

                    ON DEVELOPMENT AND HELPING TO PLAN BETTER, TO MAKE FOR A MORE

                    PLANNED GROWTH.  AND IF ANYTHING, THAT'S ACTUALLY HELPED TO RELIEVE THE

                    BURDEN ON SCHOOLS FROM PREVIOUS TIMES WHEN LANDS WERE, IN THIS AREA,

                    WHEN LANDS WERE BEING DEVELOPED AND SOME FARM -- MANY, MANY

                    FARMS WERE DEVELOPED AND THE SCHOOLS WERE BURDENED OVERNIGHT WITH

                                         31



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ADDITIONAL -- WITH MANY ADDITIONAL STUDENTS AND -- AND OTHER PLANNING

                    PROBLEMS.  SO THIS DOESN'T CHANGE ANYTHING AS I UNDERSTAND IT.

                                 MR. MANKTELOW:  ALL RIGHT.  SO MAYBE I

                    MISSPOKE.  I -- I APPRECIATE YOUR -- YOUR ANSWER TO THAT AND I -- IT

                    BRINGS UP ANOTHER QUESTION, BUT MY QUESTION IS, IF I'M FARMING THIS

                    PROPERTY AND EVERYTHING TO THE EAST OF ME GOES INTO A CONSERVATION

                    EASEMENT, IT'S YOUR LAND NOT MY LAND, BUT THIS STREAM OR RUNOFF DITCH

                    GOES THROUGH THAT PROPERTY, THROUGH YOUR PROPERTY, WILL WE STILL BE

                    ALLOWED TO DO MAINTENANCE ON THAT TO REMOVE OUR WATER?

                                 MS. FAHY:  MY UNDERSTANDING IS THOSE RIGHTS WOULD

                    NOT BE AFFECTED BY THIS.  ALTHOUGH, AGAIN, IF -- IF LAND IS CONSERVED, IT

                    ISN'T JUST SITTING THERE, IT'S -- IT WOULD STILL BE FARMED OR IT COULD STILL BE

                    FORESTED, BUT WHAT YOU'RE REFERRING TO, YOU STILL HAVE THE RIGHTS TO THE

                    WATER, YOU KNOW, LET'S SAY TO THE RUNOFF AS YOU -- AS YOU ALLUDED TO.

                                 MR. MANKTELOW:  YEAH.  SO -- SO WHAT I DON'T

                    WANT TO HAPPEN IS DEC COMES IN, BECAUSE THEY'LL BE OVERSEEING THIS,

                    AND SAY, OH, BY THE WAY, WE'RE NOT GOING TO ALLOW YOU TO CLEAN THAT

                    STREAM OUT, OR THAT DITCH TO REMOVE THE WATER FROM THE AGRICULTURAL

                    LAND THAT IS UPSTREAM.

                                 MS. FAHY:  THE WATER ACCESS WOULD BE UNCHANGED

                    BY THIS.  AND I SHOULD ADD, DEC, AS A PART OF THIS LEGISLATION, DEC

                    WOULD HAVE TO DEVELOP A PLAN, AS I MENTIONED EARLIER, IN CONSULTATION

                    WITH PARKS, HISTORIC -- AND HISTORIC PRESERVATION EFFORTS.  SO ALL -- ALL

                    OF THAT WOULD HAVE TO BE LAID OUT, BUT THOSE WOULD NEED TO BE

                    ADDRESSED.  AGAIN, WATER -- THE ACCESS TO THE WATER WOULD NOT CHANGE.

                                         32



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    CERTAINLY WE WOULDN'T WANT TO -- THIS IS TO HELP FARMERS AND HELP

                    MANAGE GROWTH IN A SMART FASHION, CERTAINLY NOT TO HURT THEM.  WE'VE

                    -- WE'VE MADE GREAT STRIDES IN THAT EFFORT AND -- AND AS YOU KNOW, JUST

                    EVEN IN THE LAST BUDGET WE -- WE DID RECORD AMOUNTS OF GRANTS TO HELP

                    FARMING AND WE'RE REALLY TRYING TO, ESPECIALLY SMALL FARMS, TRY TO GROW

                    THAT INDUSTRY OR REVI -- MAYBE I SHOULD SAY REVITALIZE THAT INDUSTRY.  SO

                    NONE OF THIS IS INTENDED TO HURT FARMING.

                                 MR. MANKTELOW:  WELL -- WELL, THANK YOU VERY

                    MUCH BECAUSE I'M GLAD TO HEAR THAT BECAUSE AS WE KNOW HERE IN NEW

                    YORK, IT'S -- IT'S NEVER ENDING, IT'S -- IT JUST EVER ENDS FOR THESE FARMERS,

                    THERE'S ALWAYS ANOTHER HURDLE THEY HAVE TO JUMP TO GET TO THE END.  AND

                    WE WANT TO MAKE SURE WE PROVIDE SAFE, HEALTHY FOOD TO OUR POPULATION

                    HERE IN NEW YORK.  SO THANK YOU FOR --

                                 MS. FAHY:  I FULLY --

                                 MR. MANKTELOW:  -- FOR SAYING THAT.

                                 MS. FAHY:  -- AGREE AND -- AND THIS IS INTENDED, I

                    WOULD THINK, TO BE HELPFUL WITH THOSE DEVELOPMENT EFFORTS.  IF

                    ANYTHING, THEY HAVE OTHER PRESSURES ON THEM TO -- TO DEVELOP THOSE

                    LANDS, SO THIS IS INTENDED TO -- TO BE OF ASSISTANCE.

                                 MR. MANKTELOW:  OKAY.  ARE -- ARE YOU FAMILIAR

                    WITH THE MONTEZUMA WETLANDS?

                                 MS. FAHY:  VAGUELY, YES -- - OUT -- OUT WEST.  YEAH,

                    THE WILDLIFE PRESERVE.

                                 MR. MANKTELOW:  YEAH.

                                 MS. FAHY:  YES.

                                         33



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. MANKTELOW:  THAT'S -- THAT'S PART OF THE 30

                    PERCENT I WOULD ASSUME, CORRECT?

                                 MS. FAHY:  THAT WOULD BE -- THAT WOULD BE MY

                    ASSUMPTION, YES.

                                 MR. MANKTELOW:  SO BACK TO THE TAX BASE.  YOU

                    SAID THERE WAS THERE WAS MONEY IN THE BUDGET THIS YEAR THAT WE

                    PROVIDED TO SCHOOLS TO LESSEN THE BURDEN.

                                 MS. FAHY:  NO.  OUR EFFORTS IN THE LAST HALF DOZEN

                    YEARS OR MORE HAVE BEEN TO REALLY AND, AS YOU KNOW, WE'VE PUT RECORD

                    AMOUNTS OF MONEY INTO K-12 IN THE LAST HALF DOZEN YEARS OR SO.  THOSE

                    MONIES, AND I CAN SPEAK TO LOCALLY WHAT IT'S DONE, IT'S TAKEN TREMENDOUS

                    PRESSURE OFF THE LOCAL TAXPAYERS.  YES, WE'VE HAD A TWO PERCENT LOCAL

                    PROPERTY TAX CAP, AS WELL, BUT WE'VE BEEN ABLE TO COMPENSATE FOR THAT

                    WITH THE INCREASE IN STATE FUNDING BECAUSE, AGAIN, THAT'S A BIG ISSUE

                    HERE LOCALLY THAT 63 PERCENT OF OUR LAND IN THE CITY OF ALBANY IS OFF THE

                    TAX ROLLS, IT'S STATE OR PUBLIC -- PUBLICALLY-OWNED.

                                 MR. MANKTELOW:  SO -- SO WE'VE HELPED THE

                    SCHOOL TAX SIDE OF IT, BUT I KNOW THERE'S COMMUNITIES ALONG THE

                    MONTEZUMA PRESERVE THAT THE COUNTY TAX, THE LOCAL TOWN TAX WAS

                    AFFECTED, AND THERE'S NO MONEY THERE.  I BELIEVE I HAVE A BILL ACTUALLY

                    THAT'S OUT THERE TO TRY AND TO HELP GET SOME OF THAT MONEY.  WE'RE

                    ADDRESSING THE SCHOOL SIDE OF IT, BUT WHAT ABOUT THE COUNTY SIDE FOR

                    TAXES?  WHAT ABOUT THE LOCAL COMMUNITY SIDE FOR TAXES?  ESPECIALLY IN

                    OUR RURAL AREAS WHERE THE POPULATION IS MUCH LESS SO EVEN THOUGH THE

                    MONEY GOING TOWARDS THE SCHOOL DISTRICTS IS A HELP IN OUR -- IN OUR RURAL

                                         34



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    AREAS, WE DON'T HAVE AS MANY STUDENTS SO IT'S NOT HELPING AS MUCH AS IT

                    IS, AS YOU SAID, IN A -- IN THE ALBANY AREA WHERE THE POPULATION IS

                    MUCH, MUCH GREATER.  WHAT ARE WE GOING TO DO THERE FOR THE LOCAL

                    COUNTIES AND THE LOCAL MUNICIPALITIES AS WE CONTINUE TO PUT THIS TYPE OF

                    PROPERTY INTO THESE -- INTO THE CONSERVATION BOWLS?

                                 MS. FAHY:  WELL, I CAN -- FIRST OF ALL, AGAIN, LANDS

                    WOULD HAVE TO BE COMPENSATED IF -- IF ANY LANDS ARE ACQUIRED THROUGH

                    CONSERVATION EFFORTS OR EASEMENT EFFORTS.  BUT IN ADDITION, JUST AS WE'VE

                    DONE WITH SCHOOL FUNDING IN THE LAST HANDFUL, HALF DOZEN YEARS, WE

                    HAVE MOVED TO RELIEVE A LOT OF BURDEN ON THE COUNTIES THROUGH PICKING

                    UP MORE OF THE STATE SHARE OF MEDICAID COSTS, AS WELL.  THAT'S NOT A

                    DIRECT, THAT'S MORE INDIRECT, BUT HAVING JUST MET WITH -- I -- ALL OF MY

                    DISTRICT IS ENCOMPASSED IN ALBANY COUNTY SO IT'S WHAT I'M MOST

                    FAMILIAR WITH, AND I WILL SAY WE JUST MET WITH A HALF DOZEN INDIVIDUALS

                    FROM ALBANY, COUNTY OFFICIALS, INCLUDING THE COUNTY EXEC, AND THEY

                    SAID THAT THIS WAS THE BEST BUDGET EVER THAT IN -- IN THEIR EIGHT YEARS.

                    SO -- SO I THINK WE HAVE DONE MORE TO HELP RELIEVE THE BURDEN ON THE

                    COUNTIES EVEN IF IT'S NOT DIRECT, IF THAT'S A LOT WITH MEDICAID FUNDING AND

                    OTHER -- AND OTHER SOURCES OF FUNDING.  BUT CERTAINLY, ANY LANDS THAT

                    WOULD BE MOVED WOULD HAVE TO BE COMPENSATED.

                                 MR. MANKTELOW:  OKAY.  I -- I APPRECIATE THAT

                    ANSWER, AND THANK YOU.  JUST -- I HAVE A COUPLE OF MORE QUESTIONS AND

                    THEN I'LL BE DONE.  IN REGARDS TO THE 30 PERCENT, MY COLLEAGUE HAD ASKED

                    EARLIER, LAKE ONTARIO IS PART OF THAT 30 PERCENT?

                                 MS. FAHY:  YES, THE -- THE ALBANY -- YES, THE PART OF

                                         35



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    IT THAT'S --

                                 MR. MANKTELOW:  IS NEW YORK'S?

                                 MS. FAHY:  YES, RIGHT, THAT'S --

                                 MR. MANKTELOW:  YES.

                                 MS. FAHY:  -- NEW YORK.  YES.

                                 MR. MANKTELOW:  IS THAT PART OF THE 19 -- YOU

                    SAID IT WAS ABOUT AT 19 PERCENT NOW; IS THAT WHERE WE ARE?

                                 MS. FAHY:  WHEN WE FIRST STARTED THIS OVER TWO

                    YEARS AGO, I SAW DIFFERENT ESTIMATES OUT THERE.  SOME WERE HIGHER.

                    AGAIN, SOME REPORTS SAID WE ALREADY MEET THE 30 PERCENT DEPENDING

                    ON HOW YOU DEFINE THE NUMBERS.  I DON'T KNOW IF LAKE ONTARIO WAS

                    PART OF THE 19 PERCENT.  I WILL SAY THE LOWEST NUMBER WE SAW WAS 19

                    PERCENT AND THAT ULTIMATELY CAME FROM DEC.  BUT OTHER ESTIMATES PUT

                    IT -- PUT IT HIGHER.  SO -- SO IF IT IS, THAT WOULD JUST -- IF IT'S NOT INCLUDED

                    NOW THEN THAT NUMBER WOULD OBVIOUSLY BE EVEN GREATER.  AND I -- I'D

                    BE HAPPY TO FOLLOW UP WITH YOU, BUT I DON'T -- I DON'T WANT TO SAY

                    WHETHER IT IS OR NOT AT THIS POINT.

                                 MR. MANKTELOW:  YEAH.

                                 MS. FAHY:  THERE -- THERE WERE VARYING ESTIMATES

                    PUT OUT BY DIFFERENT FOLKS A -- A FEW YEARS AGO WHEN WE STARTED THIS,

                    AND ALL OF THEM WERE HIGHER THAN THE -- 19 PERCENT WAS THE LOWEST

                    NUMBER.  SO IF ONTARIO'S NOT -- LAKE ONTARIO IS NOT COUNTED THERE, IT

                    WOULD ONLY MAKE THAT NUMBER CLOSER TO 30 PERCENT.

                                 MR. MANKTELOW:  SO LIKE LAKE ONTARIO, THE

                    FINGER LAKES AREA, ALL OF THOSE?

                                         36



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MS. FAHY:  YES.

                                 MR. MANKTELOW:  IT'D BE NICE TO KNOW IF THOSE --

                    THOSE BODIES OF WATER ARE ACTUALLY IN THAT NUMBER.  IF NOT, THAT NUMBER

                    IS GOING TO BE REALLY, REALLY HIGH AND CLOSE TO 30 PERCENT.

                                 MS. FAHY:  YES.  AND THAT'S, AGAIN, PART OF WHY WE

                    DO NEED TO LAY THIS OUT IN A PLAN AND, AS YOU KNOW, THIS BILL'S BEEN

                    AROUND A COUPLE OF YEARS AGO NOW AND PART OF THE DEFINITIONS, THAT WAS

                    PART OF WHAT HELD IT UP, AS WELL, SO THAT -- THAT DOES HAVE TO BE LAID OUT

                    A MORE CLEAR DEFINITION AND WHAT IS IN AND WHAT'S OUT.  AND CERTAINLY,

                    THE PLAN WOULD ADDRESS THAT.  BUT AGAIN, THE LOWEST I'VE SEEN IS 19

                    PERCENT, SO IF LAKE ONTARIO IS NOT INCLUDED IT WOULD JUST MAKE US

                    CLOSER TO THE 30 PERCENT.

                                 MR. MANKTELOW:  OKAY.

                                 MS. FAHY:  AND MY RECOLLECTION WHEN WE WERE FIRST

                    MEETING WITH FOLKS ON THIS IS THAT THIS IS A VERY ACHIEVABLE NUMBER IN

                    THIS STATE, MAYBE NOT -- NOT IN OTHERS.

                                 MR. MANKTELOW:  SURE.  MY -- MY LAST QUESTION

                    IS YOU SAID YOU HAVE QUITE A BIT OF -- OF THIS PROPERTY IN YOUR DISTRICT

                    HERE IN THE ALBANY AREA.

                                 MS. FAHY:  STATE -- STATE-OWNED AND NON-PROFIT

                    OWNED, YES.

                                 MR. MANKTELOW:  YES, YES.  DOES NEW YORK

                    CITY CONTRIBUTE TO ANY OF THIS, OF THE 30 PERCENT?

                                 MS. FAHY:  YES.  THEY'VE GOT A LOT OF PARKLAND, BUT I

                    DON'T KNOW WHAT THE NUMBER IS.  CLEARLY IT'S A MUCH MORE DENSE --

                                         37



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DENSELY POPULATED AREA.  I DON'T KNOW WHAT THE NUMBER IS OFF THE TOP OF

                    MY HEAD THERE, BUT...

                                 MR. MANKTELOW:  SO CENTRAL PARK -- SO CENTRAL

                    PARK IN NEW YORK CITY.

                                 MS. FAHY:  I WAS JUST GOING TO SAY, RIGHT, THEY HAVE

                    SOME OF THE MOST BEAUTIFUL PARKS IN -- IN THE STATE SO, YES, JUST NOT TO

                    THE -- NOT TO THE DEGREE, YOU KNOW, IT DOESN'T COMPARE TO A ADIRONDACK

                    OR -- OR THE OTHERS.

                                 MR. MANKTELOW:  SURE.

                                 MS. FAHY:  BUT YES, THEY -- THERE HAVE BEEN GREAT

                    EFFORTS, AS YOU KNOW, TO CONSERVE PARKLAND IN NEW YORK STATE, AS WELL

                    -- SORRY, IN NEW YORK CITY, AS WELL.  SO ALL OF RIVERSIDE PARK, ALL OF THE

                    NEIGHBORHOOD PARKS, I THINK THEY'VE -- THEY'VE ACHIEVED THE -- THE GOAL

                    OF A PARK WITHIN A TEN MINUTE WALK.  I THINK THAT'S ONE OF THE ONLY AREAS

                    OF THE STATE THAT HAS FULLY -- THAT HAS ACHIEVED THAT IN MOST OF THE CITY

                    THERE.  SO THEY'VE GOT -- THEY DO HAVE PARKLAND.

                                 MR. MANKTELOW:  SO -- AND JUST TO GO ALONG WITH

                    THAT, MY LAST QUESTION, IN THE CITY AREAS OF COURSE WE'RE -- WE'RE ALWAYS

                    CONSTANTLY PUSHING OUR YOUNG PEOPLE TO GROW THEIR OWN FOOD.  I -- I

                    KNOW SOME OF THE MEMBERS THAT ARE DOWN THERE ARE CONSTANTLY TRYING

                    TO COME UP WITH WAYS OR LOCATIONS TO GROW COMMUNITY GARDENS,

                    GARDENS ON TOP OF ROOFTOPS.  IS THERE ANY CONSIDERATION OF THE

                    ABANDONED BUILDINGS IN THE CITY AREA, TAKING THEM OUT, PUTTING THEM

                    INTO FOOD PRODUCTION THROUGH COMMUNITY GARDENS TO BE PART OF THIS 30

                    PERCENT?

                                         38



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MS. FAHY:  I THINK ROOFTOP GARDENS IS A BRILLIANT IDEA

                    AND I'M HAPPY TO RELAY THAT, COUNTING THAT IF THEY'RE PUBLICLY-ACCESSED

                    AND -- AND THE COMMUNITY -- IF IT'S A COMMUNITY GARDEN, I THINK THAT'S A

                    -- IT'S A GREAT IDEA BECAUSE WE WANT TO ENCOURAGE MORE ROOFTOP

                    GARDENING EVERYWHERE.  IT'S WHERE -- WHERE WE'VE SEEN THOSE GREEN

                    ROOFS AND GARDENING, IT'S BEEN -- IT'S BEEN IMMENSELY POPULAR.  AND

                    THERE'S ALSO A PUSH FOR MORE COMMUNITY GARDENS THROUGHOUT THE STATE.

                    SO ALL OF THOSE, I -- I THINK THAT WOULD MAKE A LOT OF SENSE, I'M HAPPY TO

                    RELAY ANY OF THAT.  AGAIN, WE WANT TO INCENTIVIZE THIS, AND OF COURSE WE

                    WANT TO INCENTIVIZE AND ENCOURAGE FARMING.  THAT'S AN INDUSTRY WE,

                    YOU KNOW, WE ARE DESPERATELY TRYING TO REVITALIZE, ESPECIALLY THROUGH

                    SMALL -- SMALL AND FIRST-TIME FARMERS.

                                 MR. MANKTELOW:  ALL RIGHT.  AND MY -- MY LAST

                    PART OF THAT QUESTION IS ON OUR SUNY CAMPUSES, THE ONES THAT ARE

                    INVOLVED WITH AG, THEY HAVE FARMLAND; IS THAT IN THAT PERCENTAGE

                    ALREADY?

                                 MS. FAHY:  I THINK -- I THINK SO.  MY UNDERSTANDING

                    IS THAT IT WOULD BE INCLUDED AND IF NOT, AGAIN, THAT WOULD BE PART OF THE

                    PLAN.  BUT THE IDEA IS TO -- PART OF THIS IS EVEN JUST ITEMIZING -- PART OF

                    THIS PLAN WOULD BE TO ITEMIZE AND -- AND GET A SENSE OF -- OF WHAT IS OUT

                    THERE.  OFTEN, YOU KNOW, WE'VE DONE THAT WITH DAYCARES, WE'VE DONE

                    WITH THAT AFTER SCHOOL PROGRAMS, SOMETIMES WE DON'T EVEN HAVE A SENSE

                    OF WHAT'S OUT THERE AND WE'VE PASSED OTHER LEGISLATION TO TRY TO MAP

                    THAT.  SO THIS IS NOT DAYCARE OR AFTER SCHOOL PROGRAMS, BUT IT -- PART OF

                    THIS IS TO MAP WHAT WOULD BE CONSIDERED LAND AND LAND -- CONSERVED

                                         39



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    LANDS AND WATER.  SO I THINK THAT WOULD HELP IDENTIFY THIS AND CERTAINLY

                    I WOULD CATEGORIZE IT IN THAT WAY, THOSE SUNY -- THOSE SUNY AG

                    PROGRAMS AND LANDS.

                                 MR. MANKTELOW:  OKAY.  I -- I WANTED TO THANK

                    YOU THIS MORNING FOR WHAT YOU SAID EARLIER ON THE RESO.  THANK YOU SO

                    MUCH.  AND THANK YOU FOR ENTERTAINING ME, OR ANSWERING MY QUESTIONS

                    THIS MORNING.  I'D BE MORE THAN WILLING TO WORK WITH YOU ON THIS AS A

                    TEAM TO REALLY IDENTIFY REALLY WHERE WE ARE, WHAT ELSE CAN WE LOOK AT

                    BEFORE WE START TAKING IN MORE PROPERTY.  LET'S -- LET'S USE THE PROPERTIES

                    THAT WE ALREADY HAVE, MAKE SURE WE HAVE THE RIGHT NUMBER TO

                    MINIMIZE LOSING SOME OF OUR OTHER -- OTHER LANDS.  SO THANK YOU,

                    MADAM SPONSOR, FOR YOUR TIME.

                                 MS. FAHY:  I -- I FULLY AGREE.  THANK YOU, AND HAPPY

                    TO WORK WITH YOU ON ANY OF THIS.  AGAIN, THIS IS A -- THIS IS INTENDED TO

                    BE BENEFICIAL, IT WILL HELP OUR TOURISM AND MORE, SO IT'S -- IT'S INTENDED

                    TO BE A WIN-WIN.  THANK YOU.

                                 MR. MANKTELOW:  THANK YOU SO MUCH.  THANK

                    YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. ENGLEBRIGHT.

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

                    STAND IN SUPPORT OF THIS MEASURE.  IT'S AN ESPECIALLY IMPORTANT ONE, AND

                    TRY TO PLACE IT IN PERSPECTIVE.  NEW YORK HAS A GRAND, INDEED,

                    INTERNATIONAL TRADITION OF SETTING THE PACE FOR CONSERVATION OF LAND AND

                    WATER.  UNFORTUNATELY, THAT TRADITION BEGAN FROM CRISIS.  I'LL GIVE YOU

                    SOME EXAMPLES.  IN THE ADIRONDACK PARK IN THE 19TH CENTURY, THERE

                                         40



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    WAS SAVAGE LOGGING TAKING PLACE, DESTROYING THE WATERSHEDS OF THE

                    HIGHEST PEAKS OF OUR STATE FROM WHICH MANY OF OUR MAJOR RIVERS FLOW,

                    INCLUDING THE HUDSON RIVER.  AND WISELY, PEOPLE WHO WERE IN THIS

                    CHAMBER, INCLUDING TEDDY ROOSEVELT - ARGUABLY THE GREATEST

                    CONSERVATIONIST IN AMERICAN HISTORY AND A LONG ISLANDER - HELPED LEAD

                    THE WAY TO THE CREATION OF THE ADIRONDACK PARK TO PROTECT THOSE

                    RESOURCES.

                                 THE CATSKILLS -- JUST A SECOND.  THE CATSKILLS, MANY

                    PEOPLE DON'T REMEMBER THE KIND OF LOGGING THAT WAS TAKING PLACE IN THE

                    CATSKILLS TO CREATE BASICALLY ACID BATHS FOR A CATTLE OPERATION THAT WAS

                    ON THE GRAND SCALE, AND TO TAN THE HIDES, ALL OF THE HEMLOCKS WERE CUT

                    TO AN ELEVATION AT THE TOP OF THE PEAKS OF -- OF THE CATSKILLS TO MAKE

                    TANNIC ACID FROM THE HEMLOCKS.  IT DILUTED LARGE PARTS OF THE CATSKILLS.

                    WE HAVE A CATSKILL PARK TODAY IN PART IN RESPONSE TO THAT CRISIS.

                                 NIAGARA FALLS.  NIAGARA FALLS WAS RAINED BY INDUSTRIAL

                    DISCHARGES INTO THE NIAGARA RIVER IN THE LATE 19TH CENTURY.  THE GREAT

                    PAINTERS OF NEW YORK STATE AT THE TIME PAINTED NIAGARA FALLS IN AN

                    ARTISTIC PLEA TO PRESERVE NIAGARA FALLS.  IT BECAME, I BELIEVE IT WAS

                    1857, ONE OF THE FIRST MAJOR CONSERVATION AND PARK INITIATIVES IN OUR

                    STATE AND IN OUR NATION.  INDEED, THE ADIRONDACK PARK PREDATES THE --

                    THE DRIVE FOR THE PRESERVATION OF -- OF NIAGARA FALLS AND THE -- AND THE

                    ADIRONDACKS PREDATES THE CREATION OF A MAJOR PART OF OUR NATIONAL PARK

                    SYSTEM AND IT SET THE PACE FOR THAT BY DARING TO THINK AND DARING TO

                    DREAM.

                                 SO NEW YORK'S EXPERIENCE IS EXTREMELY DIVERSE.  I -- I

                                         41



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    HEARD SOME COMMENTS ABOUT HOW LONG ISLAND IS PERHAPS BEYOND THE

                    PALE, THOSE ARE NOT THE EXACT WORDS THAT WERE USED, BUT HOW LONG

                    ISLAND IS -- IS REALLY SOMETHING THAT OUGHT TO BE CONSIDERED.  SO LET ME

                    PLACE SOME THOUGHTS IN PERSPECTIVE REGARDING WHERE SPRAWL WAS

                    INVENTED ON LONG ISLAND AFTER WORLD WAR II, WHERE SUBURBIA WAS

                    INVENTED.  THE DESTRUCTION OF THE HEMPSTEAD PRAIRIE, THE EASTERNMOST

                    PRAIRIE IN NORTH AMERICA, 50,000 ACRES IN HEMPSTEAD REDUCED DOWN TO

                    19 ACRES.  THAT'S A TERRIBLE LOSS.  THE OAK BRUSH PLAINS, THE SHRUB

                    SAVANNAH ON LONG ISLAND ONCE WENT FROM BROOKLYN THROUGH THE CENTER

                    PART OF THE ISLAND AND MERGED INTO THE CENTRAL PINE BARRENS IN

                    BROOKHAVEN AND POINTS EAST.  THE OAK BRUSH PLAINS WAS ONCE 60,000

                    ACRES, YES; IT'S BEEN REDUCED TO LESS THAN 3,000 ACRES.  LONG ISLAND

                    TIDAL WETLANDS, LOOK AT THE MAPS AT THE BEGINNING OF THE 20TH CENTURY

                    ALL ALONG THE EDGES, THE FRINGY MARSHES, ALL THE EDGES OF THE ISLANDS,

                    MAGNIFICENT.  SPARTINA MARSHES, THEY'VE BEEN REDUCED BY 70 PERCENT

                    DUE TO DREDGE AND FILL OPERATIONS.

                                 YES, WE ARE SENSITIVE ON LONG ISLAND TO SOME OF THE

                    LOSSES AND THE DAMAGE TO OUR SHELLFISH AND FINFISH RESOURCES HAS BEEN

                    PROFOUND.  IT LED, IN THE 1970S, TO THE CREATION OF THE TIDAL WETLANDS

                    ACT IN 1971, THE FRESHWATER WETLANDS ACT IN 1975 AS WE DISCUSSED

                    JUST A WEEK AGO.  AND YES, THREATS TO LONG ISLAND'S DRINKING WATER AND

                    SOLE SOURCE OF DRINKING WATER FOR ALMOST THREE MILLION PEOPLE.

                                 BUT WE'VE GOT MORE HISTORY THAN THAT.  THE QUESTION

                    WAS -- WAS POSED:  SHOULD WE TRUST THE STATE?  IN THE 1920S AND '30S,

                    THE O'BRIEN BROTHERS AND OTHERS WERE DREDGING THE NORTH SHORE.  THEY

                                         42



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    USED HYDRAULIC HOSES TO MINE THE SAND BLUFFS OF THE NORTH SHORE, AND

                    WASHED THE SAND DOWN INTO WAITING BARGES TAKEN TO NEW YORK CITY TO

                    HELP MAKE CONCRETE.  SO SEVERE WAS THIS THAT SOME PARTS OF THE NORTH

                    SHORE DISAPPEARED COMPLETELY.  THERE USED TO BE ISLANDS IN PORT

                    JEFFERSON HARBOR, FLOOD-TIDE DELTAS, GONE.  PUT INTO BARGES AND GONE.

                    AND THE PEOPLE WHO LIVE IN BELLE TERRE WERE SO THREATENED BY THE

                    DREDGING OPERATION THAT THEY FORMED A VILLAGE IN ORDER TO HAVE CONTROL

                    OVER THE PERMITTING PROCESS.  THE O'BRIEN BROTHERS, AFTER THE VILLAGE

                    WAS FORMED, DIDN'T EVEN BOTHER TO APPLY, THEY JUST LEFT.  BUT OTHER

                    VILLAGES WERE CREATED.  NISSEQUOGUE VILLAGE AND HEAD OF THE HARBOR

                    VILLAGE WERE CREATED TO HELP PRESERVE STONY BROOK HARBOR.  AND IF

                    YOU LOOK AT THE MAPS TODAY, STONY BROOK HARBOR HAS 900 ACRES OF

                    STATE OWNERSHIP AT THE BOTTOM.  IT'S THE ONLY NORTH SHORE HARBOR IN

                    WHICH THE HARBOR BOTTOM IS OWNED BY THE STATE.  HOW DID THAT HAPPEN?

                    IT HAPPENED BECAUSE AFTER THEY SAW WHAT WAS GOING ON IN PORT

                    JEFFERSON, THE PEOPLE OF NISSEQUOGUE, WHAT IS NOW NISSEQUOGUE, OF

                    SMITHTOWN REALLY, NOW THE VILLAGES OF NISSEQUOGUE AND HEAD OF THE

                    HARBOR, DONATED LAND TO THE STATE, THE BOTTOM LANDS THAT THEY OWN IN

                    THE HARBOR.  THAT'S HOW THE STATE CAME TO OWN THAT MUCH LAND.  IT'S NOT

                    HELD BY THE DEC, IT'S HELD BY THE DEPARTMENT OF STATE AND HAS FOR MORE

                    THAN 50 YEARS.

                                 SO IN ANSWER TO THE QUESTION:  SHOULD WE TRUST THE

                    STATE?  THE GOOD PEOPLE OF SMITHTOWN AND HEAD OF THE HARBOR AND

                    NISSEQUOGUE TRUSTED THE STATE, AND WITH GOOD REASON.  AND IT LED TO NOT

                    ONLY PRESERVATION OF THE HARBOR, THE STONY BROOK HARBOR IS THE BEST

                                         43



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    PRESERVE OF ALL THE NORTH SHORE HARBORS AS A RESULT.  BUT NOT ONLY DID

                    THAT TRUST HAVE AN IMMEDIATE POSITIVE EFFECT, IT LED TO LOCAL WATERFRONT

                    REVITALIZATION PROGRAM COMMITMENTS BY THOSE VILLAGES IN LATER TIMES,

                    THOUGHTFUL PLANNING FOR CONSERVATION THAT FOLLOWED.

                                 SO YES, I BELIEVE IT DOES WHEN YOU LOOK AT THE HISTORY

                    FROM NIAGARA TO THE CATSKILLS TO THE ADIRONDACKS TO LONG ISLAND, IT

                    DOES MAKE SENSE TO TRUST THE STATE.  WHY?  HISTORY TELLS US THAT IT

                    WORKS.  HISTORY TELLS US THAT WHAT WE HAVE DONE IN NEW YORK HAS SET

                    THE STAGE FOR OUR NATIONAL PARK SYSTEM TO BE CREATED.  AND YES, NEW

                    YORK, THROUGH THIS RESOLUTION, THIS EXTRAORDINARY RESOLUTION BY MEMBER

                    FAHY, HAS THE ABILITY TO SET THE STAGE FOR CONSERVATION ON A GLOBAL SCALE.

                    SHE'S MENTIONED THAT THIS IS PART OF A GLOBAL INITIATIVE, HOW VERY

                    APPROPRIATE THAT NEW YORK HAS A MEANINGFUL ROLE TO PLAY.

                                 LET ME JUST ALSO SAY, I MENTIONED THE LONG ISLAND

                    PINE BARRENS, THE OPEN SPACE PROGRAM OF SUFFOLK COUNTY LED THE

                    NATION WHEN IT WAS AUTHORIZED ALMOST 30 YEARS AGO.  AND YES, WE ARE

                    INTERESTED IN PROTECTING LONG ISLAND'S OFFSHORE WATERS.  WE PASSED JUST

                    THREE YEARS AGO A MEASURE TO BAN (INAUDIBLE) AND AS A RESULT IN PLACES

                    LIKE LONG BEACH, YOU CAN NOW LOOK OUT AND SEE WHALES BECAUSE THEY

                    HAVE THEIR FOOD SOURCE, IT'S NO LONGER BEING PACKAGED UP INTO OFFSHORE

                    TRAWLERS AND TAKEN AWAY.

                                 YES, THERE'S REASON FOR OPTIMISM.  THE TOWNS, MANY

                    OF -- I MENTIONED STONY BROOK HARBOR, BUT ALL OF THE OTHER HARBORS

                    WITH THE EXCEPTION PERHAPS OF OYSTER BAY, ALL OF THE OTHER HARBORS ARE

                    DOMINATED BY TOWN OWNERSHIP.  WE CAN REFINE THAT.  WE CAN DARE TO

                                         44



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DREAM TO REFINE THE PROTECTION OF PUBLIC LANDS THAT WE CAN COUNT AS PART

                    OF THIS 30X30 INITIATIVE.  THAT'S WORTH TRYING TO DO.  I JUST WANT TO SAY

                    LAST YEAR, THE PEOPLE OF THE STATE PASSED AN AMENDMENT TO THE

                    CONSTITUTION FOR A CONSTITUTIONAL AMENDMENT THAT WE CALL THE GREEN

                    AMENDMENT.  THE PROTECTION OF NEW YORK AIR AND WATER AND HEALTHFUL

                    ENVIRONMENT IS NOW A CONSTITUTIONAL RIGHT, THE PEOPLE SPOKE.  AND

                    WE'RE GOING TO FOLLOW THIS YEAR WITH AN OFFER TO THE PEOPLE TO FOLLOW UP

                    WITH A SIMILARLY ENTITLED OR NAMED ENTITY CALLED THE BOND ACT FOR CLEAN

                    WATER, CLEAN AIR, AND GREEN JOBS.  THIS IS A POSSIBILITY THAT BUILDS ON

                    LAST YEAR'S VICTORY AT THE POLLS FOR CONSERVATION AND PROTECTION, AND FOR

                    NEW YORK TO CONTINUE TO LEAD THE WAY, IN THIS CASE, FOR THE GREATEST

                    CHALLENGE OF HUMAN HISTORY WHICH IS THE GLOBAL CLIMATE CHALLENGE.

                                 THIS BILL IS PART OF THIS MARCH OF TIME TOWARD

                    OPTIMISM.  SPRAWL IS NOT THE ANSWER.  CONSERVATION OF OUR RESOURCES IS

                    AN INVESTMENT INTO THE WELL-BEING AND THE QUALITY OF LIFE OF ALL OF OUR

                    PEOPLE.  THAT'S WHY I STRONGLY SUPPORT THIS MEASURE.  IT DARES TO THINK,

                    IT DARES TO DREAM --

                                 ACTING SPEAKER AUBRY:  MR. GOODELL, WHY DO

                    YOU RISE?

                                 MR. ENGLEBRIGHT:  -- AND I AM STRONGLY

                    SUPPORTING IT, URGE YOU ALL TO SUPPORT IT --

                                 ACTING SPEAKER AUBRY:  MR. ENGLEBRIGHT.

                                 MR. ENGLEBRIGHT:  -- AND YES, I WILL YIELD.

                                 ACTING SPEAKER AUBRY: -- YOU WANT TO ASK THE

                    MEMBER TO YIELD, MR. GOODELL?

                                         45



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. GOODELL:  YES, AND THANK YOU, MR.

                    ENGLEBRIGHT.

                                 ACTING SPEAKER AUBRY:  AND THE MEMBER

                    YIELDS.

                                 MR. GOODELL:  I ALWAYS APPRECIATE YOUR

                    OBSERVATIONS AND COMMENTS, ESPECIALLY ON ENVIRONMENTAL MATTERS.

                    YOU HAVE A WELL-DESERVED REPUTATION CERTAINLY HERE, AND I WAS WAITING

                    AS LONG AS I POSSIBLY COULD BEFORE I STOOD UP.  YOU OUTLINED, AND AS

                    WITH THE KNOWLEDGE WE WOULD EXPECT, THE TRANSITION IN LONG ISLAND

                    FROM HAVING THOUSANDS OF ACRES OF OPEN LAND AREAS TO JUST A FEW

                    HUNDRED ACRES IN SOME SITUATIONS AND THE EFFORTS THAT YOU'VE SEEN AND

                    THE SPRAWL THAT YOU'VE SEEN.  ONE OF THE ISSUES THAT WAS RAISED BY ONE

                    OF MY COLLEAGUES IS A CONCERN THAT THIS OBJECTIVE OF CONSERVING 30

                    PERCENT OF THE STATE'S LAND MIGHT MEAN THAT WE WANT TO CONSERVE A LOT

                    MORE LAND IN SOMEBODY ELSE'S DISTRICT THAN OUR OWN, REFLECTING THE FACT

                    THAT WHEN WE DO CONSERVATION EASEMENTS IT OFTEN RESULTS IN LOWER

                    TAXES, LOWER DEVELOPMENT, LOWER TAX BASE.  IS IT YOUR BELIEF THAT THE

                    THRUST OF THIS BILL IS TO TRY TO ACHIEVE A 30 PERCENT CONSERVATION GOAL IN

                    EVERY ASSEMBLY DISTRICT, INCLUDING THOSE ON LONG ISLAND, TO REVERT

                    LONG ISLAND, IF YOU WILL BACK, TO A 70/30 RATIO OF CONSERVED LAND VERSUS

                    DEVELOPED LAND?

                                 MR. ENGLEBRIGHT:  THANK YOU FOR YOUR QUESTION.

                    WHERE TO BEGIN?  NO, I DO NOT EXPECT THAT EVERY ASSEMBLY DISTRICT WILL

                    MEET A FORMULA THAT IS A MATHEMATICAL ABSTRACTION.  OPPORTUNITY FOR

                    CONSERVATION WILL DEPEND IN LARGE PART UPON THE LAND ITSELF AND THE

                                         46



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    WATERS THEMSELVES, AND THAT IS -- IS NOT SOMETHING THAT EASILY FITS INTO A

                    FORMULA.  SOME OF OUR ASSEMBLY DISTRICTS ARE -- IN THE URBAN AREAS ARE

                    PRIMARILY APARTMENT HOUSE COMPLEXES, FOR EXAMPLE.  AND THAT IS VERY

                    DIFFERENT FROM SOME OF THE OTHER PARTS OF THE STATE.  SO NO, IT'S NOT

                    FORMULA DRIVEN AT THE LEVEL OF -- OF OUR ASSEMBLY DISTRICTS, NO.  AND,

                    INDEED, THE CONCEPT OF A FORMULA FOR THE WHOLE STATE IS A GOAL.  THAT'S

                    WHY I SAY IT'S A -- IT DARES TO DREAM AND IT BUILDS -- IT STANDS ON THE

                    SHOULDERS OF THE GRAND TRADITIONS OF CONSERVATION OF TEDDY ROOSEVELT

                    WHO WAS A MEMBER OF THIS CHAMBER AND ALSO THE SENATE BEFORE HE

                    BECAME GOVERNOR.

                                 SO FOR LONG ISLAND, LET ME JUST OBSERVE, WE HAVE AN

                    AREA OF OFFSHORE WATERS OWNED BY THE STATE THAT IS APPROXIMATELY EQUAL

                    TO THE LAND AREA OF LONG ISLAND, WHICH IS APPROXIMATELY A MILLION

                    ACRES.  THAT MILLION ACRES OF SHALLOW SUBTIDAL INTO TIDAL AND OFFSHORE

                    WATERS IS EQUAL TO AT LEAST A MILLION ACRES AND IS SOMETHING WE HAVEN'T

                    REALLY PAID MUCH ATTENTION TO UNTIL THIS MEASURE --

                                 ACTING SPEAKER AUBRY:  GENTLEMEN --

                                 MR. ENGLEBRIGHT:  -- PULLS OUR ATTENTION TOWARD

                    THAT.

                                 ACTING SPEAKER AUBRY:  MR. ENGLEBRIGHT, WE

                    HAVE EXPENDED YOUR 15 MINUTES.

                                 MR. GOODELL:  THANK YOU VERY MUCH, MR.

                    ENGLEBRIGHT.

                                 ACTING SPEAKER AUBRY:  APPRECIATE IT.

                                 MR. ENGLEBRIGHT:  THANK YOU FOR YOUR QUESTION.

                                         47



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    APPRECIATE IT.  THANK YOU VERY MUCH, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. SIMPSON.

                                 MR. SIMPSON:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. SIMPSON:  THANK YOU.  I DON'T KNOW HOW MANY

                    MEMBERS HERE WOULD -- WOULD KNOW THIS, BUT THE ORIGIN OF THE HUDSON

                    RIVER ACTUALLY IS WITHIN MY DISTRICT AT THE -- A PLACE THEY CALL LAKE TEAR

                    OF THE CLOUDS.  AND I THINK ALL OF YOU, I WOULD RECOMMEND ALL OF YOU

                    TO COME UP TO NEWCOMB, THAT AREA, AND TAKE A LOOK AT IT AND JUST FOR

                    PERSPECTIVE, AND GO BACK TO YOUR DISTRICTS AND -- AND SEE WHAT A GREAT

                    PLACE THE ADIRONDACKS IS.

                                 BUT, YOU KNOW, I SUPPORT THIS IMPORTANT LEGISLATION,

                    BUT I HAVE SOME CONCERNS JUST BECAUSE OF MY EXPERIENCE SO FAR IN THE

                    LEGISLATURE.  JUST AS RECENTLY AS LAST WEEK, THE COMPTROLLER CAME OUT

                    WITH A -- WITH A REPORT, AN AUDIT THAT HAD BEEN DONE ON THE 480-A FOREST

                    EXEMPTIONS, WHICH IS A FORM OF CONSERVATION.  AND ONE OF THE ISSUES

                    THAT WAS CITED BY DEC IS LACK OF RESOURCES.  WE CONTINUALLY, SINCE I'VE

                    BEEN HERE, ADD MORE RESPONSIBILITY TO THE DEC.  I KNOW THAT THEY ARE

                    CAPABLE OF DOING EVERYTHING THAT WE NEED THEM TO DO, YOU KNOW,

                    PROTECT OUR LANDS AND WATERS, BUT WE ALSO NEED TO APPROPRIATE THE

                    CORRECT AMOUNT OF RESOURCES SO THAT THEY CAN ACCOMPLISH THEIR GOAL.

                    AND I JUST HOPE THAT THERE'S A LOT OF THOUGHT PUT INTO THAT BUDGETING PART

                    OF THIS AS WE DO DEVELOP A PLAN AND HOW WE'RE GOING TO ADDRESS THIS

                    MOVING FORWARD.

                                         48



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MY COLLEAGUES HAVE BROUGHT UP THE OTHER ISSUES THAT I

                    WAS MOST CONCERNED ABOUT IS EQUITY WITHIN OUR COMMUNITIES AND

                    BURDENS PUT ON -- SHIFTED TO OTHER PROPERTY OWNERS, SCHOOL DISTRICTS THAT

                    WE KNOW ARE VITAL FOR OUR CHILDREN AND OUR FAMILIES.  SO THANK YOU,

                    ASSEMBLYMEMBER FAHY, AND THANK YOU, CHAIRMAN.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. SALKA.

                                 MR. SALKA:  WOULD THE SPONSOR YIELD FOR A

                    QUESTION OR TWO?

                                 ACTING SPEAKER AUBRY:  MS. FAHY, WILL YOU

                    YIELD?

                                 MR. SALKA:  THANK YOU, MS. FAHY.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. SALKA:  LINE 19 THROUGH 21 TALKS ABOUT A

                    COLLABORATION WITH TRIBAL PARTNERS TO INCORPORATE TRIBAL EXPERTISE AND

                    TRADITIONAL ECOLOGICAL KNOWLEDGE TO BETTER UNDERSTAND, SO FORTH AND SO

                    ON --

                                 MS. FAHY:  I'M SORRY, I'M -- I'M NOT SURE I HEARD

                    THAT.  CAN YOU -- CAN YOU JUST SAY THAT AGAIN?

                                 MR. SALKA:  OF COURSE.  OF COURSE.  LINES 19

                    THROUGH 21 TALK ABOUT --

                                 MS. FAHY:  OH, LINE 19 --

                                 MR. SALKA:  -- COLLABORATING WITH -- WITH SOME OF

                    OUR NATIVE AMERICAN TRIBES.  OKAY.  AND COULD YOU ELABORATE ON THAT A

                    LITTLE BIT BECAUSE IT SOUNDS LIKE THEY'LL BE INVITED TO ADD INPUT INTO THE

                                         49



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    MANAGEMENT SCHEME OF THIS WHOLE -- THIS WHOLE PROPOSAL.

                                 MS. FAHY:  WE THOUGHT THAT WAS IMPORTANT BECAUSE

                    CERTAINLY SOME OF THOSE LANDS WOULD COUNT TOWARD THE 30 PERCENT.  AND

                    AGAIN, THE ENTIRE TONE OF THIS IS INTENDED TO BE A COLLABORATIVE PROCESS.

                                 MR. SALKA:  AND THAT'S GREAT, AND I ADMIRE THAT.

                    YOU DO REALIZE THAT THOSE LANDS ARE USUALLY MANAGED BY THE BUREAU OF

                    INDIAN AFFAIRS WHICH IS A FEDERAL AGENCY WHICH OVERSEES THE

                    MANAGEMENT OF -- OF TRIBAL LAND?

                                 MS. FAHY:  YES.  AGAIN, THIS IS COLLABORATIVE JUST AS

                    -- I WON'T USE ANOTHER EXAMPLE OF RECENT COLLABORATIONS, BUT -- BUT YES,

                    THIS IS INTENDED TO BE COLLABORATIVE AND -- AND EVEN THOUGH, AGAIN, IT

                    WOULDN'T MEAN A CHANGE OF MANAGEMENT OR ANYTHING ELSE, BUT IT

                    CERTAINLY COUNTS TOWARDS THAT 30 PERCENT.

                                 MR. SALKA:  SO ANY NEGOTIATIONS OBVIOUSLY WOULD

                    HAVE TO BE DONE WITH THE FEDERAL GOVERNMENT IN THAT RESPECT.

                                 MS. FAHY:  IF THERE WAS A CHANGE IN THE AMOUNT OR

                    ANY ADDITIONAL ACQUISITION OF -- OF SETTING -- AN EASEMENT OF SETTING

                    ASIDE ADDITIONAL LANDS; YES, OF COURSE.

                                 MR. SALKA:  I SEE.  BECAUSE I HAVE CONTIGUOUS TO

                    MY ASSEMBLY DISTRICT, YOU KNOW, THOUSANDS AND THOUSANDS OF ACRES OF

                    LAND THAT THE ONEIDAS OWN, WHO DO A GREAT JOB WITH -- WITH MANAGING

                    THEIR PROPERTY.  SO THANK YOU, THANK YOU FOR THAT -- THAT ANSWER.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. SALKA:  I SHARE MY COLLEAGUES' -- I THINK THIS IS

                                         50



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    A -- ANY ATTEMPT TO OPEN UP PROPERTIES SO THAT THE PUBLIC CAN ENJOY

                    THEM IS A -- IT'S A GREAT EFFORT.  BUT MY CONCERNS, AND I'LL -- AND I'LL TAKE

                    THIS FROM -- FROM WHAT I'VE SEEN PERSONALLY AS SUPERVISOR OF A TOWN THAT

                    HAS ABOUT 14,000 ACRES OF STATE LAND IN IT, AND CONTAINED WHAT WAS

                    PROBABLY ONE OF THE BEST FOREST TRAIL SYSTEMS IN THE NORTHEAST,

                    BROOKFIELD HORSE TRAIL SYSTEM, 130 MILES OF, WELL, WHAT WAS ONCE

                    GROOMED -- WELL-GROOMED, WELL-MAINTAINED PROPERTIES SO THAT PEOPLE

                    FROM ALL OVER COULD COME AND ENJOY THE EQUINE SPORTS, SEE SOME

                    BEAUTIFUL PROPERTY.  WHAT HAPPENED WAS THAT THAT PROPERTY WAS

                    MAINTAINED BY A GROUP FROM A MINIMAL CORRECTIONAL FACILITY CALLED

                    GEORGETOWN, AND THEY CLOSED THAT FACILITY DOWN AND WHEN THEY DID, THE

                    PEOPLE THAT WERE MAINTAINING THOSE PROPERTIES, THE BROOKFIELD HORSE

                    TRAIL SYSTEM WERE -- WERE NO LONGER THERE, SO WHAT HAPPENED IS IT FELL

                    INTO TERRIBLE DISREPAIR AND IF IT WASN'T FOR A CITIZENS GROUP THAT CAME

                    FORWARD TO DO A LOT OF THE MAINTENANCE, PEOPLE THAT WERE INTERESTED IN

                    KEEPING THE HORSES THERE AND RIDING THE HORSE TRAIL SYSTEM THEN IT REALLY

                    WOULD HAVE FALLEN APART.

                                 SO I'M CONCERNED AND SOME OF MY OTHER COLLEAGUES

                    HAVE BROUGHT UP THE SAME CONCERN THAT IS THE DEC GOING TO ACTUALLY BE

                    ABLE TO HANDLE THIS.  WE, AS WAS ADMITTED, HAVE PLACED AN INORDINATE

                    AMOUNT OF RESPONSIBILITY IN THE PAST COUPLE OF YEARS AGO ON THE DEC,

                    AND EVERYBODY KNOWS THEY'RE STRETCHED THIN.  SO I WORRY ABOUT IF, IN

                    FACT, WHEN WE DO TAKE OVER CERTAIN PROPERTIES, ARE THEY GOING TO BE

                    MAINTAINED BECAUSE AS MY COLLEAGUE SAID, HE WAS CONCERNED ABOUT

                    DRAINAGE AND DITCH REPAIR AND MAINTENANCE.

                                         51



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 SO AGAIN, I APPLAUD YOUR EFFORTS, I THINK THIS IS A GREAT

                    PROPOSAL BUT, OF COURSE, THE DEVIL'S IN THE DETAILS AND WE JUST WANT TO

                    MAKE SURE THAT IT'S GOING TO BE MAINTAINED.  AND I HAVE ONE OTHER

                    CONCERN AS A TOWN SUPERVISOR THAT OVERSAW A TOWN WITH SO MUCH STATE

                    LAND IN IT IS WHEN THE STATE DID PROPOSE TO TAKE OVER MORE PROPERTY, OF

                    COURSE THEN IT WAS REMOVED FROM THE TAX ROLLS.  AND THE TOWNS THAT ARE

                    REALLY SQUEEZED FOR REVENUE, THAT CAN HURT WHEN THE STATE COMES IN AND

                    TAKES OVER 1,000 ACRES OR 1,500 ACRES.  SO I THINK THESE HAVE TO BE

                    CAREFULLY CONSIDERED BEFORE SOMETHING LIKE THIS IS IMPLEMENTED AND I

                    WOULD HOPE THAT THIS WOULD BE PART OF A STUDY THAT'S DONE.

                                 THANK YOU VERY MUCH.  THANK YOU FOR YOUR EFFORTS.

                    THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER WOERNER:  THANK YOU, MR.

                    SALKA.

                                 MR. WALCZYK.

                                 MR. WALCZYK:  THANK YOU, MADAM SPEAKER.

                    WOULD THE SPONSOR BE SO KIND AS TO YIELD FOR SOME QUESTIONS?

                                 ACTING SPEAKER WOERNER:  WILL THE SPONSOR

                    YIELD?

                                 MS. FAHY:  YES.

                                 ACTING SPEAKER WOERNER:  MS. FAHY YIELDS.

                                 MR. WALCZYK:  THANK YOU.  SECTION -- SECTION 3

                    OF THIS BILL STATES CONSERVATION MEASURES SHALL BE UNDERTAKEN IN WAYS

                    THAT SERVE ALL COMMUNITIES, INCLUDING LOW-INCOME, DISADVANTAGED, AND

                    VULNERABLE COMMUNITIES; IS THAT CORRECT?

                                         52



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MS. FAHY:  YES.  CATCHING UP WITH YOU.

                                 MR. WALCZYK:  AND WITH THE GOAL OF --

                                 MS. FAHY:  YES.  SORRY, GO AHEAD.

                                 MR. WALCZYK:  GO AHEAD.

                                 MS. FAHY:  NO, I WAS JUST TRYING TO FIND SECTION 3,

                    BUT YES, YOU WERE ASKING IF IT'S TO CONSIDER THE LOW-INCOME AND

                    DISADVANTAGED COMMUNITIES, I WAS JUST SAYING YES, AGREE.  SORRY, GO

                    AHEAD.

                                 MR. WALCZYK:  NO, THANK YOU.  AND THROUGH YOU,

                    MADAM SPEAKER, SO WITH A -- A GOAL OF 30 PERCENT LAND ACQUISITION,

                    WILL THE STATE BE MAKING UP FOR THE COMMUNITIES THAT HAVE PROPERTY

                    TAKEN OFF OF THE TAX ROLLS, WILL THERE BE AID TO MUNICIPALITY PAYMENTS

                    MADE?  WILL THE STATE BE PAYING PROPERTY TAX ON ANY NEW LAND THAT IT

                    ACQUIRES AS A RESULT OF THIS LEGISLATION?

                                 MS. FAHY:  AGAIN, THIS -- THIS IS A GOAL AND THERE

                    WILL HAVE TO BE A PLAN TIED TO IT, AND THUS FAR WE'VE SEEN REPEATEDLY

                    WHERE WE'VE EXPANDED PARTS OF THE ADIRONDACKS, FOR INSTANCE, THAT

                    COMES TO MIND BECAUSE THAT'S WHERE WE'VE DONE SOME OF THE BIGGEST

                    LAND ACQUISITIONS IN RECENT YEARS, AND THOSE HAVE BEEN COMPENSATED.

                    WE'VE ALSO, AS I SAID, THROUGH OTHER MEASURES HAVE TRIED TO RELIEVE THE

                    BURDEN AS WE'VE INCREASED THE STATE BUDGET TO RELIEVE THE BURDEN OFF

                    LOCAL PROPERTY TAXPAYERS.  I KNOW IT'S MADE A TREMENDOUS DIFFERENCE

                    HERE IN ALBANY THROUGH -- THROUGH OTHER MEANS.  BUT YES, THE INTENT IS

                    THAT -- THAT WE DO TRY TO -- THAT WE WOULD COMPENSATE, BUT THERE'S --

                    THERE'S NO AUTHORITY EMBEDDED IN THIS TO -- THERE'S NO TAKING OF A LAND,

                                         53



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THERE'S NO AUTHORITY TO TAKE A LAND.  ALL OF THIS IS TO -- TO DEVELOP A PLAN

                    AND ANY OF THAT WOULD, YOU KNOW, AT THIS POINT ANY LAND ACQUISITION OR

                    CONSERVATION EASEMENTS THAT WE'VE DONE LOCALLY, THOSE HAVE ALL BEEN

                    THROUGH VOLUNTEER EFFORTS, FOR INSTANCE, WITH LOCAL FARMERS WHO WANT TO

                    SEE THEIR LANDS PRESERVED WHEN THERE'S NOT A -- WHEN THERE'S NOT AN HEIR

                    TO THE -- TO THE FARM.

                                 MR. WALCZYK:  WELL, IT WAS -- THROUGH THE --

                    THROUGH THE SPEAKER, IT WAS INTERESTING TO ME TO READ IN SECTION 3, YOU

                    KNOW, AS WE CONSIDER THIS MAY BE A -- MAY BE A GOAL, BUT WE ARE

                    SETTING THE GOAL AND A GUIDELINE FOR STATE AGENCIES AND DEPARTMENTS

                    HERE, EVEN THIS LEGISLATIVE BODY IN THE FUTURE TO BE ABLE TO PASS

                    LEGISLATION OR FUTURE BUDGETS THAT WORK TO MEET A GOAL IF IT PASSES BOTH

                    HOUSES AND IS SIGNED BY THE GOVERNOR.  AND SO WHEN I THINK ABOUT 30

                    PERCENT LAND ACQUISITION GOAL IN THE STATE OF NEW YORK, WONDERING

                    HOW WE'RE GOING TO MAKE UP FOR A LOSS IN TAX BASE FOR A LOT OF THE

                    COMMUNITIES, AND THIS IS WHY I BRING UP SECTION 3 WHICH SPECIFICALLY

                    CALLS OUT, INCLUDING LOW-INCOME, DISADVANTAGED, AND VULNERABLE

                    COMMUNITIES, MANY OF WHICH ARE IN RURAL AREAS IN NEW YORK LIKE THE

                    AREA THAT I REPRESENT.  WILL WE ONLY BE BUYING LAND IN WEALTHY

                    COMMUNITIES THAT WON'T BE DISADVANTAGED BY THE STATE COMING IN AND

                    ACQUIRING LAND IN THEIR COMMUNITY, THAT HAVE A LARGE TAX BASE THAT

                    COULD SUPPORT -- COULD HELP OFFSET ANY LAND ACQUISITION?

                                 MS. FAHY:  I THINK WE'VE SEEN LAND ACQUIRED IN -- IN

                    A VARIETY OF AREAS, WEALTHY AND NOT AS WEALTHY OF -- IN THE ADIRONDACKS

                    AND IT'S ALL -- AS BEST I KNOW, IT'S ALL BEEN THROUGH VOLUNTARY EFFORTS.

                                         54



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    AND AGAIN, AS WE DISCUSSED EARLIER, THERE HAS BEEN AN EFFORT TO MOVE

                    AND TO RELIEVE THAT PROPERTY TAX BURDEN, WHETHER FOLKS SUPPORTED IT OR

                    DID NOT SUPPORT IT, THE TWO PERCENT PROPERTY TAX CAP HAS GONE A LONG

                    WAY TOWARD -- TOWARD MINIMIZING THE BURDEN AT THE -- AT THE LOCAL

                    LEVEL.  AND AGAIN, THE PROPERTIES HAVE BEEN -- HAVE BEEN COMPENSATED.

                    THIS IS -- THIS IS -- THERE'S NOTHING IN HERE THAT ALLOWS A TAKING OF THE

                    LANDS, IT'S -- AND IF ANYTHING, IT'S AT TIMES BROUGHT UP THE -- THE VALUE OF

                    OTHER SURROUNDING PROPERTIES BECAUSE, AGAIN, IT'S ALLOWING FOR -- FOR

                    SMART GROWTH, IT'S PREVENTING SOME SPRAWL THAT THAT CAN BE MORE COSTLY

                    IN OTHER WAYS WITH BURDENS ON WATER AND SEWER SYSTEMS.

                                 SO IT'S -- IT REALLY IS A VARIETY HERE, BUT THE INTENT IS

                    THAT THIS BE -- THAT THIS BE LAID OUT AND THERE'S NO ONE AREA TARGETED.

                    THERE'S NOT A -- THIS DOESN'T MEAN ALL REGIONS HAVE TO BE 30 PERCENT,

                    THERE WILL BE A VARIETY.

                                 MR. WALCZYK:  UNDERSTOOD.  I'LL MOVE TO -- TO

                    ANOTHER SECTION OF THE BILL.  SO IN SECTION 5 YOU SAY ON OR -- ON OR

                    BEFORE JULY 1ST OF 2023, EVERY THREE YEARS THEREAFTER THE DEPARTMENT

                    AND OFFICE SHALL SUBMIT A PLAN.  DOES THE -- DOES THE DEC -- BUT IN

                    SECTION 4, THE DEPARTMENT AND OFFICE SHALL PREPARE A DRAFT PLAN NO

                    LATER THAN JULY 1ST, 2022, WHICH AS WE KNOW IS -- IS QUICKLY

                    APPROACHING.  DOES THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

                    HAVE ENOUGH TIME TO PUT THAT PLAN TOGETHER IF THE SENATE PASSES THIS BILL

                    AND THE GOVERNOR SIGNS IT INTO LAW BY JULY 1ST, PUT A DRAFT PLAN

                    TOGETHER?

                                 MS. FAHY:  MY UNDERSTANDING IS WE ALREADY HAVE AN

                                         55



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ACQUISITION -- LAND ACQUISITION PLAN THAT WILL HELP WITH THIS.  I'D LIKE TO

                    THINK THAT WE CAN MEET THIS.  THESE ARE -- THIS HAS BEEN A BIG ISSUE FOR A

                    NUMBER OF YEARS.  THE UN ISSUED ITS REDRAFT REPORT IN JANUARY OF 2020

                    SO THERE'S BEEN A LOT OF INTEREST IN THIS AND, AGAIN, THAT IS -- IT IS -- IT

                    DOES SAY IT'S A DRAFT PLAN AND THAT'S -- THAT IS ALL WE'RE LOOKING FOR TO GET

                    THE CONVERSATION STARTED.  IT'S AMBITIOUS, BUT -- BUT IT DOES ALLOW FOR

                    INPUT AND IT DOESN'T -- AND THE FINAL PLAN IS NOT EXPECTED FOR ANOTHER

                    YEAR UNTIL AFTER THAT.  SO -- BUT AS YOU KNOW, WE'VE BEEN AMBITIOUS ON A

                    LOT OF PLANS.

                                 MR. WALCZYK:  THANK YOU.  AND THROUGH YOU,

                    MADAM SPEAKER, IS THERE ANYTHING IN THIS LEGISLATION THAT PREVENTS THE

                    STATE FROM USING EMINENT DOMAIN TO TAKE OR ACQUIRE NEW LANDS TO MEET

                    THIS GOAL?

                                 MS. FAHY:  NO.  THERE IS NOTHING HERE THAT

                    AUTHORIZES EMINENT DOMAIN NOR ANY TYPE OF TAKING.  NOTHING IS

                    AUTHORIZED IN THIS.  IT IS A GOAL, NOT A MANDATE, AND IT STARTS WITH A PLAN.

                                 MR. WALCZYK:  IS THERE ANYTHING IN THIS LEGISLATION

                    THAT WOULD PROHIBIT THE STATE FROM USING EMINENT DOMAIN TO MEET THIS

                    GOAL?

                                 MS. FAHY:  YEAH, THAT WOULD HAVE TO BE -- BUT

                    GENERALLY IT'S NOT -- IT'S JUST NOT ADDRESSED HERE, BUT EMINENT DOMAIN

                    WOULD HAVE TO BE AUTHORIZED SEPARATELY IF THERE WAS AN EFFORT TO DO

                    THAT.  AND AGAIN, WHEN WE'VE DONE THIS WITH OTHER LANDS, THOSE HAVE

                    BEEN COMPENSATED.  WE'VE ADOPTED A LOT OF PLANS, BUT THAT IS NOT

                    ADDRESSED HERE AND CERTAINLY NOT AUTHORIZED HERE IN THIS BILL.

                                         56



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. WALCZYK:  AND AS I'M SURE YOU'RE AWARE, THE

                    STATE USED TO HAVE A VERY, VERY ROBUST, I THINK ALL WOULD PROBABLY AGREE

                    TOO ROBUST, LOGGING INDUSTRY.  WE NEARLY CLEAR CUT THE ENTIRE STATE.

                    THIS LEGISLATIVE BODY BACK IN THE 1800S AND A LOT OF THE REASONS THAT

                    WE'VE SEEN THE -- THE PRESERVATION THAT THIS STATE HAS GONE THROUGH AND

                    ITS GREAT HISTORY OF PRESERVING SOME, ESPECIALLY SIGNIFICANT LANDS IS A

                    RESULT OF, YOU KNOW, THE DEGRADATION OF THE ADIRONDACKS AND THE

                    CATSKILLS THROUGH ABUSIVE TIMBERING.  IS THERE -- IS THERE ANYTHING IN

                    THIS LEGISLATION THAT'S GOING TO HELP INCREASE A MODERATE AMOUNT OF

                    TIMBER HARVESTING?  HOW DO YOU IMPACT -- HOW DO YOU ANTICIPATE THIS

                    LEGISLATION WILL IMPACT THE LUMBER INDUSTRY?

                                 MS. FAHY:  I WOULD LIKE TO THINK IT WOULD BE HELPFUL

                    TO THE FORESTRY INDUSTRY AND TIMBER.  WE DID HAVE A LETTER OF SUPPORT

                    GOING BACK A YEAR AGO FROM THE EMPIRE STATE FOREST PRODUCTS

                    ASSOCIATION AND THEY -- WHERE THEY NOTED, AND IT'S A MUCH LONGER

                    MEMO, I'LL JUST READ ONE EXCERPT, AS YOU ASSESS LAND FOR CONSERVATION

                    THAT WE'D LIKE TO DRAW YOUR ATTENTION TO THE POSITIVE CONTRIBUTION THAT

                    PRIVATE WORKING FARMS CAN MAKE IN ENDURING CONSERVATION OUTCOMES,

                    SHOWING THAT WORKING LANDS CAN BE COMPATIBLE WITH THESE

                    CONSERVATION GOALS.  SO IF WHAT WE HAVE HEARD, WE RECEIVED NO

                    OPPOSITION MEMOS ON THIS BILL, LOTS OF SUPPORT MEMOS, AGAIN, INCLUDING

                    THE EMPIRE STATE FOREST PRODUCTS.  SO WE'D LIKE TO THINK THAT THIS COULD

                    BE HELPFUL AND PREVENT ANY ADDITIONAL DEGRADATION THAT YOU -- THAT YOU

                    JUST MENTIONED.  SO I THINK THAT'S ALSO PART OF WHY WE HAVE SEEN SUCH

                    STRONG BIPARTISAN SUPPORT ON THE LEGISLATION.

                                         57



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. WALCZYK:  THANKS.  AND JUST ONE FINAL AND

                    SORT OF IN THE BIG PICTURE QUESTION, AND THIS MAY HAVE BEEN ASKED A

                    DIFFERENT WAY ALREADY, WHAT IS THE ULTIMATE GOAL OF PRESERVING 30

                    PERCENT OF NEW LANDS BY 2030?

                                 MS. FAHY:  IT WAS -- IT WAS TRIGGERED, AGAIN, BY THE

                    RESEARCH AND, AGAIN, IT IS SCIENCE-BASED, BUT IT'S THE RESEARCH GOING

                    BACK TO THE UN'S CONVENTION ON BIOLOGICAL DIVERSITY.  AND IT WAS -- IT

                    WAS A TARGET THAT THEY PUT OUT FOR THE PLANET, BUT ESSENTIALLY THE MORE

                    WE CAN PREVENT -- BUILD CLIMATE RESILIENCY, THE MORE WE REDUCE RISK TO

                    CLIMATE-RELATED DISASTERS.  AND I DO RECALL THE FORMER GOVERNOR IN HIS

                    STATE OF THE STATE EACH YEAR WOULD NOTE WHAT THE

                    ENVIRONMENTAL-RELATED DISASTERS ARE COSTING THE STATE.  AND I -- I'M

                    GOING OFF MEMORY, I DON'T HAVE THE STAT IN FRONT OF ME, BUT I SEEM TO

                    RECALL HE HAD NOTED A YEAR OR SO AGO IN HIS FIRST TEN YEARS IN OFFICE THAT

                    THE STATE ALONE, JUST IN STATE RESOURCES, HAD SPENT $50 BILLION IN

                    ENVIRONMENTAL-RELATED DISASTERS IN CLEANUP.  AND SO THE MORE WE BUILD

                    THAT RESILIENCY, THE MORE WE PROTECT OUR LANDS AND THE ECOSYSTEM, AS

                    WELL AS THE WILDLIFE, THE MORE WE ARE -- THE MORE I'D LIKE TO THINK THAT

                    WE WILL BE SAVING IN THE LONG RUN FROM -- FROM OTHER RELATED PROBLEMS,

                    CLIMATE-RELATED PROBLEMS.

                                 MR. WALCZYK:  I APPRECIATE YOU ANSWERING MY

                    QUESTIONS AND FOR, YOU KNOW, SENDING FORTH A LAUDABLE GOAL.

                                 MADAM SPEAKER, ON THE BILL.

                                 ACTING SPEAKER WOERNER:  ON THE BILL, SIR.

                                 MR. WALCZYK:  SO SHIFTING TAX BURDEN ONTO -- ONTO

                                         58



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    RURAL NEW YORKERS IS WHAT WE'VE SEEN HAPPEN OVER A LONG PERIOD OF

                    TIME AS THE -- THE STATE, YOU KNOW, HAS GONE ON ITS MILLION ACRE

                    MARCHES IN THE PAST, OR EACH GOVERNOR, AS ONE OF MY COLLEAGUES HAS

                    POINTED OUT, THE STATE HAS GOBBLED UP NEW LANDS AND TERRITORIES, AND IN

                    SOME WAYS PRESERVING AREAS THAT ARE OF SIGNIFICANT VALUE SO THAT NEW

                    YORKERS CAN ENJOY THEM AND RECREATE IN THEM AND SO THAT WE HAVE A

                    GOOD BALANCE BETWEEN NATURAL RESOURCES AND THE 20 MILLION NEW

                    YORKERS THAT WE HAVE.  CRITICALLY IMPORTANT, BUT THAT ALSO HAS AN

                    IMPACT ON OUR SMALL TOWNS AND VILLAGES IN RURAL NEW YORK, ONE THAT I

                    AM VERY SENSITIVE TO REPRESENTING THE FRONT YARD OF AMERICA.  I WOULD

                    LOVE TO SEE AND I'M GLAD THAT IT CAME UP AND GOOD TO HEAR THAT THE

                    EMPIRE FOREST PRODUCTS ASSOCIATION SUPPORTS THIS BILL, IT'S A GREAT

                    CONCERN OF MINE.  I'VE HEARD A LOT OF THINGS IN THIS CHAMBER THAT HAVE

                    BEEN ANTI-TIMBER INDUSTRY IN THE PAST AND I THINK IF WE'RE REALLY GETTING

                    SMART AND SCRAPPING SOME JUNK SCIENCE ABOUT PRESERVATION, WE WORK

                    WITH GROUPS LIKE FOREST PRODUCTS IN ORDER TO PUT GOOD POLICY FORWARD

                    THAT LOOKS AT TIMBER FRAME CONSTRUCTION, LOOKS AT OUR LUMBER INDUSTRY,

                    LOOKS AT A GREAT WAY FOR CARBON SEQUESTRATION AND BIODIVERSITY,

                    WORKING WITH ALL OF THE PLAYERS INVOLVED HERE.

                                 AND TO TAKE A BIG PICTURE, I WANT TO TALK ABOUT JOHN

                    LOCKE WHO GAVE US OUR NATURAL, OR NAMED OUR GOD-GIVEN RIGHTS OF LIFE,

                    LIBERTY, AND PROPERTY AND WHEN THE FOUNDERS THREW TOGETHER OUR

                    DECLARATION OF INDEPENDENCE, WE SHIFTED PROPERTY OVER TO THE PURSUIT

                    OF HAPPINESS, AND HERE'S WHAT I'D BE SENSITIVE TO IS THAT AS NEW YORKERS

                    WHO HUNT, WHO USE ATVS OR UTVS, WHO PAY PROPERTY TAXES, WHO HAVE

                                         59



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    JOBS IN RURAL AREAS IN NEW YORK STATE, WHO ENJOY SNOWMOBILING AND

                    RECREATING, THE MORE OVERBEARING REGULATION THAT THE STATE BRINGS ON

                    ADDITIONAL STATE LANDS, THE LESS HAPPINESS THEY'LL BE ABLE TO PURSUE,

                    WHETHER IT'S WITH THEIR -- WITH THEIR GUN IN THE HUNTING SEASON OR

                    BRAPPING DOWN AN OLD DIRT TRAIL THAT THEY ENJOYED ON -- ON SOME PRIVATE

                    PROPERTY PRIOR TO THE STATE GOBBLING IT UP.

                                 BUT PURSUIT OF GOOD -- GOOD STEWARDSHIP IS A -- WE'VE

                    GOT A LONG HISTORY IN THIS, AS I POINTED OUT IN THE DEBATE.  NEW YORK

                    STATE HAD NEARLY CLEARCUT ALL OF THE LUMBER IN THIS STATE, AND IT TOOK A

                    LOT OF ACTION BY THIS HOUSE AND THE HOUSE ACROSS THE WAY AND

                    GOVERNORS IN THE PAST TO PRESERVE SOME OF THE SIGNIFICANT AREAS.  WE'VE

                    DONE A GOOD THING.  THE CHAIRMAN OF THE EN CON COMMITTEE WHEN HE

                    SPOKE EARLIER TALKED ABOUT WORK THAT WE'VE DONE IN THE LONG ISLAND

                    PINE BARRENS, NIAGARA FALLS, PORT JEFFERSON SUPER FUND CLEANUPS, THE

                    CATSKILLS AND THE ADIRONDACKS, BUT HE DIDN'T BRING FORWARD THAT WE

                    ACTUALLY PAVED A ROAD UP WHITEFACE MOUNTAIN IN HONOR OF WORLD WAR I

                    VETERANS.  I DON'T THINK ANYBODY WOULD BE AN ADVOCATE OF TAKING THAT

                    ROAD BACK AWAY FROM WHITEFACE MOUNTAIN, JUST LIKE FDR PUT A GIANT,

                    200-FOOT TALL 3,000 FEET ACROSS CONCRETE BARRIER RIGHT ACROSS THE ST.

                    LAWRENCE RIVER, BUT NOW WE ENJOY 2,000 MEGAWATTS OF POWER, CLEAN

                    SUSTAINABLE HYDROPOWER THAT COMES OUT OF THE ST. LAWRENCE RIVER.  SO

                    WHILE THAT PROJECT WOULD NEVER GET DONE THROUGH THIS HOUSE TODAY, I

                    THINK WE CAN SAY IT'S NICE TO HAVE THAT SUSTAINABLE, CLEAN ENERGY

                    COMING OUR WAY.

                                 THE UNITED NATIONS DOESN'T DIRECT OUR ENERGY POLICY,

                                         60



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    IT DOESN'T DIRECT OUR PRESERVATION POLICY.  I THINK TOO OFTEN WE LOOK

                    BACK AT OUR HISTORY AND WE FORGET HOW FAR WE'VE COME FROM THE TIME

                    THAT WE ALMOST EXTINCT THE WHITE TAIL DEER IN THE STATE OF NEW YORK,

                    AND FROM THE TIME THAT WE ACTUALLY EXTINCTED THE TURKEY FROM THE STATE

                    OF NEW YORK.  BUT NOT TO PAT OURSELVES ON THE BACK, MADAM CHAIR,

                    DON'T LET THE PURSUIT OF GOOD STEWARDSHIP BE BLINDED BY SOME HOT --

                    HALE-BOPP COMET JUNK SCIENCE DOGMA --

                                 ACTING SPEAKER WOERNER: (INAUDIBLE/MIC NOT

                    ON)

                                 MR. WALCZYK:  THANKS, MADAM CHAIR.

                                 ACTING SPEAKER WOERNER:  MR. GOODELL.

                                 MR. GOODELL:  THANKS, MADAM CHAIR.

                                 ON THE BILL.

                                 ACTING SPEAKER WOERNER:  ON THE BILL, SIR.

                                 MR. GOODELL:  SO I GREATLY APPRECIATE THE

                    COMMENTS OF ALL MY COLLEAGUES, INCLUDING THE BILL SPONSOR, THANK YOU

                    VERY MUCH, AND THEY'VE HELPED HIGHLIGHT THE PROS AND CONS.  I THINK

                    EVERYBODY IN THIS CHAMBER IS SENSITIVE TO THE NEED TO CONSERVE OUR

                    NATURAL RESOURCES, AND EVERYONE IN THIS CHAMBER LOVES THE FACT THAT

                    NEW YORK STATE HAS SOME OF THE MOST PHENOMENAL PARKS IN THE NATION,

                    WHETHER IT'S THE ADIRONDACKS PARK OR, YOU KNOW, THE HONEYMOON

                    CAPITAL OF THE WORLD, NIAGARA FALLS.  WE HAVE PHENOMENAL NATURAL

                    RESOURCES AND FOR THAT, WE THANK THOSE WHO CAME AHEAD OF US.

                                 I APPRECIATED THE SPONSOR'S EFFORTS TO CLARIFY THAT IN

                    TERMS OF GIVING THE DEC DIRECTION IN DEVELOPING A CONSERVATION PLAN

                                         61



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THAT WE SHOULD HAVE A BROAD DEFINITION OF WHAT'S MEANT BY LAND THAT'S

                    CONSERVED TO INCLUDE THE LAND THAT'S UNDER THE JURISDICTION OF THE STATE

                    OF NEW YORK THAT'S UNDERWATER.  AS THE CHAIR OF THE ENVIRONMENTAL

                    COMMITTEE NOTED, THERE'S A MILLION ACRES OF STATE-OWNED LAND ADJACENT

                    TO LONG ISLAND THAT'S UNDER OUR GENERAL CONTROL, AND WE HAVE EXTENSIVE

                    NATURAL RESOURCES IN LAKE ERIE, LAKE ONTARIO AND ALL OF OUR INLAND

                    LAKES.  AND I APPRECIATED THE COMMENT, AS WELL, THAT FARMLAND, THE LAND

                    UNDER SOLAR FARMS, WETLANDS THAT CAN'T BE DEVELOPED BECAUSE OF OUR

                    OWN LAWS OR RULES, NATIVE LANDS, AND I NOW REPRESENT PART OF THE SENECA

                    NATION.  ALL OF THAT I THINK IS IMPORTANT TO GIVE CLEAR DIRECTION TO THE

                    DEC IN DEVELOPING THIS PLAN THAT WE HAVE A BROAD VIEW OF WHAT WE

                    WANT TO BE INCLUDED IN THE DEFINITION OF CONSERVATION AND IN THE

                    DEFINITION OF WHAT WE EXPECT THE DEC TO CONFIRM AS ALREADY BEING

                    CONSERVED.

                                 AT THE SAME TIME, WE'VE HEARD SOME LEGITIMATE

                    CONCERNS RAISED BY MANY OF OUR UPSTATE COLLEAGUES, AND I'M MINDFUL

                    THAT SOMETIMES OUR URBAN COLLEAGUES URGE THEIR COUNTRY COLLEAGUES TO

                    CONSERVE MORE, AND WE NEED TO BE SENSITIVE ABOUT THAT, DON'T WE?

                    WHERE SOMEONE IN AN URBAN SETTING SAYS TO THEIR COUNTRY COUSINS, HEY,

                    WHY DON'T YOU GUYS IN THE COUNTRY CONSERVE MORE SO THAT WE IN THE CITY

                    FEEL BETTER ABOUT OUR ENVIRONMENT?  AND IF WE'RE MAKING THAT

                    STATEMENT, ALL OF US, INCLUDING OUR URBAN COUSINS, NEED TO BE SENSITIVE

                    THAT WHEN WE TAKE LAND THAT'S IN THE COUNTRY AND WE PUT A CONSERVATION

                    EASEMENT ON IT, OR THE STATE ACQUIRES IT FOR STATE-OWNED PROPERTY, IT

                    COMES OFF THE TAX ROLL.  THAT MEANS THAT MORE RESIDENTS AREN'T GOING TO

                                         62



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    BE MOVING ONTO THAT LAND.  THAT MEANS THAT OUR COUNTRY COLLEAGUES,

                    THEIR ASSEMBLY DISTRICTS AREN'T GOING TO BE GROWING BECAUSE MORE THAN

                    30 PERCENT OF THEIR LAND CAN'T BE DEVELOPED ANYMORE.  AND WE NEED TO

                    BE SENSITIVE THAT EVEN IF WE'RE PAYING THE LANDOWNER THE FAIR MARKET

                    VALUE, WHICH WE HAVE TO DO FOR DUE PROCESS REASONS AND UNDER EMINENT

                    DOMAIN, THAT THE STATE'S NOT MAKING A COROLLARY COMMITMENT TO PAY

                    PROPERTY TAXES ON THE CURRENT MARKET VALUE OR EVEN ON THE

                    DEVELOPMENTAL VALUE.

                                 SO OBVIOUSLY I'D BE A LOT MORE COMFORTABLE IF THIS BILL

                    SUGGESTED THAT WE'RE NOW GOING TO CONSERVE 30 PERCENT OF THE LAND IN

                    NEW YORK CITY SO THAT WE'RE GOING TO START SLOWLY ACQUIRING APARTMENT

                    BUILDINGS AND TURNING THEM INTO PARKS, OR LONG ISLAND, REVERTING BACK

                    TO THE (INAUDIBLE), AND NOT JUST MY NEIGHBORS IN THE COUNTRYSIDE.  AND

                    I'D BE MORE COMFORTABLE IF THIS LEGISLATION INCLUDED A COROLLARY

                    OBLIGATION TO INCREASE THE FUNDING TO THE DEC SO THAT THEY CAN PROPERLY

                    MAINTAIN THE PROPERTY THAT GOES INTO CONSERVATION.

                                 SO WHAT I THINK WE'RE GOING TO FIND WHEN WE GO TO

                    VOTE IS THAT THOSE OF US WHO ALREADY HAVE MORE THAN 30 PERCENT IN

                    CONSERVATION, WHICH WOULD INCLUDE MY COUNTY, BY THE WAY, ESPECIALLY

                    IF YOU INCLUDE ALL THE LAKES AND LAKE ERIE, WE'RE NOT TOO WORRIED ABOUT

                    THIS.  AND OUR URBAN COLLEAGUES WHO ARE PRETTY SURE THEY'RE NOT GOING

                    TO CONSERVE 30 PERCENT OF THEIR PROPERTY AND MAKE IT -- TAKE IT OFF THE

                    TAX ROLLS, WELL, THEY PROBABLY THINK IT'S A PRETTY GOOD IDEA THAT

                    SOMEBODY ELSE CONSERVES MORE LAND, TOO.  AND I SUSPECT THAT MANY OF

                    MY RURAL COLLEAGUES ARE GOING TO SAY, HEY, THANK YOU VERY MUCH.  OUR

                                         63



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    RURAL ASSEMBLY DISTRICTS ARE NOT THE SOURCE OF ALL THAT GREENHOUSE GAS

                    AND WE'RE CONSERVING ENOUGH ALREADY; IT'S TIME THAT THE REST OF YOU

                    STEP UP TO THE PLATE.

                                 SO BEING SENSITIVE TO THAT, WHEN WE CALL FOR A VOTE I

                    THINK YOU'LL SEE A NUMBER OF MY REPUBLICAN COLLEAGUES FOR GOOD

                    REASON WILL SUPPORT THIS LEGISLATION, AND A NUMBER OF MY COLLEAGUES FOR

                    GOOD REASON WILL OPPOSE IT.  OUR CAUCUS IS GOING TO BE SPLIT, NO DOUBT,

                    AND I URGE ALL OF US TO BE SENSITIVE TO THE NEEDS OF BEING FAIR AND

                    EQUITABLE TO EVERYONE AND NOT JUST PAT OURSELVES ON THE BACK AS WE

                    SHIFT THE OBLIGATIONS AND RESPONSIBILITIES FROM ONE PARTY TO SOMEBODY

                    ELSE, THAT WE ALSO, IF WE'RE ASKING OUR RURAL COLLEAGUES TO CONSERVE

                    MORE LAND, THAT WE ALSO STEP UP TO THE PLATE AND SUPPORT THEM WITH

                    ADDITIONAL FINANCIAL RESOURCES TO OFFSET THAT PROPERTY TAX LOSS AND TO

                    HELP THEM WITH ALTERNATIVE DEVELOPMENT TO ENSURE THAT ALL OF OUR STATE

                    MOVES FORWARD IN A POSITIVE WAY.  THANK YOU, MADAM CHAIR.

                                 ACTING SPEAKER WOERNER:  THANK YOU, MR.

                    GOODELL.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER WOERNER:  THE CLERK WILL

                    RECORD THE VOTE ON CALENDAR NO. 427, A5390.  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.)

                                         64



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. BURDICK TO EXPLAIN HIS VOTE.

                                 MR. BURDICK:  THANK YOU FOR THE OPPORTUNITY TO

                    EXPLAIN MY VOTE.  I RISE IN SUPPORT OF THIS MEASURE NOT ONLY AS A

                    COSPONSOR OF THE BILL, BUT ALSO AS A MEMBER OF THE ENVIRONMENTAL

                    CONSERVATION COMMITTEE.  BUT ALSO BASED ON PERSONAL KNOWLEDGE AND

                    INVOLVEMENT IN LAND PRESERVATION THROUGH MY SEVEN YEARS AS

                    SUPERVISOR OF THE TOWN OF BEDFORD AND PRIOR TO THAT, NINE YEARS AS

                    CHAIR OF BEDFORD'S WETLANDS CONTROL COMMISSION.  SO I DO HAVE SOME

                    CONSIDERABLE KNOWLEDGE AND EXPERIENCE.

                                 AND I'D LIKE TO ADDRESS ATTAINABILITY AND CONCERN ABOUT

                    TAX BURDEN.  ATTAINABILITY, THERE ARE VAST AREAS THAT ARE NOT MENTIONED

                    IN THIS DISCUSSION.  THINKING OF THE NEW YORK CITY WATERSHED WHICH

                    NEW YORK CITY OWNS THROUGHOUT THE STATE, TENS OF THOUSANDS OF ACRES

                    THAT ARE PERMANENTLY PRESERVED, OTHER WATERSHEDS FOR OTHER WATER

                    QUALITY PROTECTION, THOUSANDS OF PRIVATELY HELD ACRES SUCH AS THE

                    NATURE CONSERVANCY, AUDUBON, AND SCORES OF OTHER CONSERVANCY

                    ORGANIZATIONS.  AND, BY THE WAY, THOSE ARE EASEMENTS, AS WELL, NOT JUST

                    LANDS THAT ARE OWNED.  AND THOSE EASEMENTS ARE MAINTAINED BY THE

                    ORGANIZATIONS TO WHICH THEY ARE GRANTED, SUCH AS THE NATURE

                    CONSERVANCY.  THERE ALSO ARE PRIVATELY PROTECTED AREAS THAT THROUGH THE

                    PLANNING PROCESS, DEVELOPERS AND OTHER PROPERTY OWNERS WILL PROTECT

                    LAND AS A SET ASIDE THAT ARE PART OF LARGER PLOTS AND WHICH ARE

                    PERMANENTLY PROTECTED.

                                 AS TO THE TAX BURDEN, I COULDN'T AGREE MORE THAT, IN

                    FACT, THIS BENEFITS TAX VALUES, TAX -- AND -- AND WE HEAR TIME AND AGAIN,

                                         65



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    I CERTAINLY DO IN MY TOWN AND IN OTHER COMMUNITIES ACROSS THE STATE,

                    REALTORS WILL BOAST ABOUT PROPERTIES THAT ARE ADJACENT TO NATURE

                    CONSERVANCIES AND OTHER LANDS THAT ARE PRESERVED.  AND THERE ALSO ARE

                    MANY MUNICIPALITIES THROUGHOUT THE STATE THAT VOLUNTARILY ADD TO THEIR

                    TAX LEVY OF VOLUNTARY OPEN SPACE LEVY, AS DOES MY TOWN OF BEDFORD,

                    FOR THE ACQUISITION OF MORE LANDS.

                                 THIS IS A MEASURE THAT NOT ONLY HELPS US TO REACH THE

                    GOALS OF THE CLCPA, BUT HELPS TO PROTECT SENSITIVE LANDS FOR

                    GENERATIONS TO COME.  AND AS THE CHAIR OF THE ENVIRONMENTAL

                    CONSERVATION COMMITTEE HAD MENTIONED, THIS HELPS US TO STAY IN THE

                    LEAD IN THE NATION AS THE PROTECTOR OF THE ENVIRONMENT.  THANK YOU VERY

                    MUCH.  I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER WOERNER:  MR. BURDICK IN

                    THE AFFIRMATIVE.

                                 MR. ABINANTI TO EXPLAIN HIS VOTE.

                                 MR. ABINANTI:  THANK YOU, MADAM SPEAKER.  FIRST

                    OF ALL, I'D LIKE TO THANK THE SPONSOR AND THE COMMITTEE CHAIR, AND ALL OF

                    THE OTHERS WHO WORKED TO BRING THIS LEGISLATION BEFORE US TODAY.  AND

                    TO COGENTLY EXPLAIN WHY IT IS SO IMPORTANT.  THIS LEGISLATION DIRECTS THE

                    OFFICE OF PARKS TO DEVELOP A STRATEGY TO ACHIEVE A GOAL OF ACQUIRING

                    SOME 30 PERCENT OF STATE LANDS AND STATE WATERS BY 2030.  IT PRIORITIZES

                    PROTECTIONS FROM WATER SOURCES AND HABITATS.  IT'S IMPORTANT BECAUSE IT

                    EMPHASIZES AN IMPORTANT TOOL TO PROTECT OUR ENVIRONMENT, ACQUIRE LAND

                    THAT IS IMPORTANT TO OUR ECOSYSTEM.  I HAVE BEEN A STRONG ADVOCATE OF

                    SAVING LAND, PARTICULARLY DOWNSTATE.  AS A COUNTY LEGISLATOR, I LED THE

                                         66



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    WAY TO COUNTY/STATE PARTNERSHIPS TO PRESERVE OVER 400 ACRES IN MY

                    ASSEMBLY DISTRICT.  AND I APPLAUD THIS LEGISLATION BECAUSE I LOOK

                    FORWARD TO THIS FOSTERING MORE RELATIONSHIPS, MORE PARTNERSHIPS

                    BETWEEN THE STATE AND THE LOCAL GOVERNMENTS.

                                 I JUST WANT TO CITE ONE EXAMPLE RIGHT NOW, WHERE A

                    DEVELOPER SEEKS TO DEVELOP SOME 35 ACRES OF VERY SENSITIVE LAND

                    AROUND THE POCANTICO LAKE IN MY DISTRICT.  IT HAS STEEP SLOPES, IT DRAINS

                    INTO A BACKUP DRINKING WATER SOURCE, AND IT'S ADJACENT TO A COUNTY PARK

                    OF ABOUT 100 ACRES, AND ADJACENT TO A STATE PRESERVE.  THIS IS A PERFECT

                    SITE FOR THIS TYPE OF ACTION.  SO I'M LOOKING FORWARD TO COMBINING THIS

                    WITH A SUCCESSFUL BOND ACT REFERENDUM AND HAVING THE STATE AND THE

                    COUNTY WORK TOGETHER TO PRESERVE THIS VERY IMPORTANT, THIS VERY

                    SENSITIVE PIECE OF LAND.  LET US REMEMBER, AS SOMEONE ONCE SAID, WE

                    DID NOT INHERIT THIS EARTH FROM OUR ANCESTORS, WE BORROWED IT FROM OUR

                    GRANDCHILDREN.  THIS LEGISLATION IS A STEP PUTTING INTO EFFECT THAT

                    (INAUDIBLE).  THANK YOU, MR. -- MADAM SPEAKER.  I VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER WOERNER:  MR. ABINANTI IN

                    THE AFFIRMATIVE.

                                 MR. ANGELINO TO EXPLAIN HIS VOTE.

                                 MR. ANGELINO:  THANK YOU, MADAM SPEAKER.  I

                    PUSHED MY NAY BUTTON AND I'D LIKE TO EXPLAIN WHY.  THE -- THE STATE

                    LAND THAT I REPRESENT IS A LARGE PORTION OF MANY OF THE COUNTIES, AND TO

                    ADD A LOFTY GOAL OF 30 PERCENT OF THE STATE, YOU KNOW, THE COUNTY I

                    PARTICULARLY LIVE IN MIGHT HAVE TO GIVE SOME LAND BACK, BUT THE AREA

                                         67



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THAT I LIVE IN, I USE THE STATE LAND A LOT.  I'M A MEMBER OF THE FINGER

                    LAKES TRAIL CONFERENCE, I'M A TRAINED MAINTAINER ON A SECTION OF THAT

                    TRAIL, AND I'M IN THE STATE LANDS AND IT SOMETIMES CROSSES PRIVATE

                    PROPERTY WITH EASEMENTS, AND I APPRECIATE IT.  AND THIS IS A LAUDABLE

                    GOAL, BUT WHAT I HAVE CONCERNS ABOUT IS THE DEPOPULATION OF AN ALREADY

                    RURAL AREA, HAVING MORE LAND TAKEN OFF THE TAX ROLLS, THE FEWER PEOPLE

                    LEFT BEHIND ARE GOING TO BE PICKING UP THE -- THAT BURDEN OF TAXES.

                                 ANOTHER SECTION OF MY DISTRICT IS IN THE NEW YORK

                    CITY WATERSHED, AND THAT PROPERTY WAS TAKEN BY EMINENT DOMAIN

                    MANY, MANY YEARS AGO AND IT HAPPENS VERY OCCASIONALLY THAT I MEET AN

                    OLD-TIMER WHO STILL FEELS THE STING OF HAVING THAT LAND TAKEN FROM HIM

                    AT WHAT HE THOUGHT WAS A, YOU KNOW, A LOWBALL PRICE.

                                 I -- I LAUD THE SPONSOR FOR THIS AND I KNOW THAT WE'RE --

                    WE'RE TRYING TO DO GOOD THINGS HERE, BUT I DO HAVE CONCERNS ABOUT THE

                    RURAL AREAS AND THAT'S WHY I'LL BE VOTING IN THE NEGATIVE, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. ANGELINO IN THE

                    NEGATIVE.

                                 MR. ENGLEBRIGHT TO EXPLAIN HIS VOTE.

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

                    RISE IN STRONG SUPPORT OF THIS MEASURE AND COMPLIMENT THE SPONSOR, A

                    VERY THOUGHTFUL AND -- AND FAR-THINKING PROPOSAL.  OPEN SPACE IS OUR

                    BEST BUY.  TAXES ARE LOWER, NOT HIGHER, WHERE YOU DON'T HAVE TO PAY FOR

                    ROADS OR BUILD NEW SCHOOLS OR PAY FOR RETIREMENTS FOR ALL OF THE PEOPLE

                    WHO WORK IN THOSE INSTITUTIONS.  CLEAN LAND EQUALS CLEAN WATER, AND

                    CLEAN WATER IS THE BASIS OF NEW YORK'S LARGEST RECREATIONAL INDUSTRIES.

                                         68



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    IT'S ALSO THE BASIS OF OUR POSITIVE HUMAN HEALTH AND THE QUALITY OF LIFE

                    FOR OUR COMMUNITIES.  THIS MEASURE SEEKS BALANCE BETWEEN

                    PRESERVATION AND DEVELOPMENT.  IT'S NOT ANTI-DEVELOPMENT, IT'S

                    PRO-QUALITY OF LIFE.  IT BUILDS ON LAST YEAR'S VOTER-APPROVED

                    CONSTITUTIONAL AMENDMENT FOR CLEAN WATER, CLEAN AIR, AND A HEALTHFUL

                    ENVIRONMENT.  IT IS A PRELUDE TO PLANNING AND GOOD THOUGHT REGARDING

                    THE USE OF OUR NATURAL RESOURCES.  IT IS A MEASURE THAT SEEKS A PATHWAY

                    TO OPTIMISM, AND WITHIN THAT CONTEXT, IT IS CONGRUENT WITH NEW YORK'S

                    GRAND TRADITION OF CONSERVATION AND SOME OF THE GREAT LEADERS OF

                    CONSERVATION THAT HAVE PREDATED ANYONE IN THIS CHAMBER.

                                 IT'S A VOTE TODAY FOR OPTIMISM, FOR BALANCE, AND FOR

                    OPEN SPACE.  THE BILL WILL ESTABLISH CONSERVATION GOALS THAT WILL PROTECT

                    OUR COMMUNITIES AND OUR PEOPLE FOR ALL TIME.  I VOTE YES AND THANK THE

                    SPONSOR.

                                 ACTING SPEAKER AUBRY:  MR. ENGLEBRIGHT IN

                    THE AFFIRMATIVE.

                                 MRS. GRIFFIN.

                                 MRS. GRIFFIN:  THANK YOU, MR. SPEAKER.  I

                    COMMEND THE SPONSOR FOR INTRODUCING THIS VITAL MEASURE TO GET A -- TO

                    GET A CONSERVATION GOAL FOR NEW YORK STATE.  IT IS PARAMOUNT THAT WE

                    CONSERVE MORE LAND TO CREATE MORE GREEN SPACES, PARKS, AND CONSERVE

                    OUR NATURAL RESOURCES.  THIS MEASURE IS LONG OVERDUE.  IN MY ASSEMBLY

                    DISTRICT IN SOUTHWESTERN LONG ISLAND, I AM SO GRATEFUL THAT DECADES AGO

                    AN ABUNDANCE OF LAND WAS CONSERVED TO CREATE OUR BEAUTIFUL STATE

                    PARKS, LIKE HEMPSTEAD LAKE STATE PARK, JONES BEACH, ROBERT MOSES,

                                         69



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    AND THESE PARKS OFFER THE RESIDENTS OF NASSAU COUNTY SO MUCH.

                                 JUST THIS PAST WEEKEND, I HOSTED EARTH DAY

                    COMMUNITY CLEANUP AT A LOCAL PRESERVE AND AT HEMPSTEAD LAKE STATE

                    PARK, AND I AM PROUD TO SPONSOR COMMUNITY CLEANUPS THROUGHOUT THE

                    YEAR TO TAKE CARE OF OUR WATERWAYS AND PRESERVE OUR GREEN SPACES.  AS

                    A RESULT -- AS A RESULT, WE HAVE BEAUTIFUL BEACHES, COASTLINES, AND PARKS

                    TO WELCOME RESIDENTS AND TOURISTS TO FISH, SWIM, BIKE, BOAT, PLAY SPORTS,

                    GATHER, CAMP, AND MUCH MORE.  I ALSO APPRECIATE THE -- THE MANY PARKS

                    FROM OUR VILLAGES, COUNTY AND TOWNS.  IF THESE MEASURE TO CONSERVE

                    HADN'T BEEN TAKEN, WE WOULD EVEN BE MORE OVERDEVELOPED THAN WE

                    ALREADY ARE ON LONG ISLAND.  THESE GREEN SPACES AND PARKS MAKE LONG

                    ISLAND A GREAT PLACE TO LIVE, WORK, AND PLAY.

                                 I COMMEND THE SPONSOR FOR ADVOCATING SO STRONGLY TO

                    CONSERVE MORE LAND WHICH FORTIFIES OUR SHORELINES AND MAKES THEM

                    MORE RESILIENT.  THIS MEASURE WILL POSITIVELY IMPACT OUR STATE.  I'M

                    PROUD TO VOTE IN THE AFFIRMATIVE AND I WAS PROUD TO COSPONSOR THIS BILL,

                    AS WELL.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.  MRS.

                    GRIFFIN IN THE AFFIRMATIVE.

                                 MR. MANKTELOW.

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

                    EXPLAIN MY VOTE.  I KNOW WE'VE TALKED ABOUT HERE THE -- I GUESS THIS

                    AFTERNOON ALREADY, THAT WE'VE TALKED ABOUT CAN WE TRUST NEW YORK

                    STATE.  WELL, NEW YORK STATE IS THE PEOPLE THAT LIVE HERE.  THE PART

                    THAT'S SCARY IS AS WE LOOK ACROSS OUR FLOOR, ALL THE ELECTED OFFICIALS FROM

                                         70



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THROUGHOUT NEW YORK STATE, THAT'S THE SCARY PART BECAUSE EACH AND

                    EVERY ONE OF US WILL NOT BE HERE FOREVER.  THESE CHAIRS WILL BE FILLED

                    WITH SOMEONE ELSE IN THE FUTURE.  WILL THEY MAKE THOSE CHANGES?  WILL

                    THEY TAKE WHAT WE'RE DOING HERE AND CHANGE IT TO A -- A POSITIVE OR

                    MORE OF A NEGATIVE?  THAT'S WHY I THINK WE CAN'T -- OR WHY THE PEOPLE

                    SAY WE CAN'T TRUST NEW YORK STATE.

                                 I APPLAUD THE SPONSOR FOR ANSWERING MY QUESTIONS.  I

                    WOULD LIKE TO SUPPORT THIS, I JUST CAN'T AT THE MOMENT AND I'M GOING TO

                    WORK WITH YOU ON SOME OF THE QUESTIONS TO GET ME THERE.  I REALLY WANT

                    TO KNOW WHAT THE PERCENTAGE IS AT THIS POINT IN TIME.  AND AS SOME OF

                    US HAVE TALKED ABOUT, MAKING SURE WE FUND OUR MUNICIPALITIES AS THEY

                    LOSE LAND THAT IS ON THE TAX ROLLS AND HOW DO WE GET THERE.  AND ONE OF

                    THE FRUSTRATING PARTS IS, THERE'S A LOT OF STATE PROPERTY OUT THERE IN NEW

                    YORK STATE THAT THE STATE OWNS.  THERE ARE A LOT OF INDIVIDUALS AND

                    BUSINESSES THAT WANT TO BUY THAT PROPERTY, BUT THE STATE WILL NOT OR IT

                    TAKES FOREVER TO MOVE ON IT.  LET'S SEE IF WE CAN DO SOMETHING THERE, AS

                    WELL, TO GET THOSE PROPERTIES BACK ON THE TAX ROLL, WHICH WILL ALSO HELP

                    OUR LOCAL MUNICIPALITIES.

                                 SO AGAIN, THANK YOU, MADAM SPONSOR, AND THANK YOU,

                    MR. SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE AND, UNFORTUNATELY,

                    I'LL BE VOTING IN THE NEGATIVE AT THIS POINT.

                                 ACTING SPEAKER AUBRY:  MR. MANKTELOW IN

                    THE NEGATIVE.

                                 MR. WALCZYK.

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

                                         71



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    EXPLAIN MY VOTE.  YOU DON'T NEED MORE LAND.  I KNOW THAT YOU

                    PROBABLY HAVEN'T VISITED A LOT OF THE STATE LAND THAT THEY PURCHASED

                    RECENTLY, DON'T WORRY, ALMOST NOBODY HAS.  WHY?  BECAUSE THE STATE

                    USES THE ENVIRONMENTAL PROTECTION FUND TO BUY THE LEAST EXPENSIVE,

                    WOW, IN A -- IN A RARE MOVE BY NEW YORK STATE, THEY'RE BEING GOOD

                    FISCAL STEWARDS HERE, THEY BUY THE LEAST EXPENSIVE LAND IN NEW YORK

                    STATE.  WHERE IS THAT LAND?  IN INSIGNIFICANT AREAS IN RURAL TOWNS ACROSS

                    NEW YORK STATE.  GREAT.  WHAT DOES THAT DO FOR YOU AS A TAXPAYER?

                    NOTHING.  WHAT DOES THAT DO FOR THE ENVIRONMENT IN NEW YORK STATE?

                    WELL, THE SAME FOREST MANAGEMENT APPLIES, SO REALLY NOTHING.  WHAT

                    DOES IT DO TO THE TOWN WHERE THE STATE NOW OWNS THAT PROPERTY?  WELL,

                    FOR THE TAXPAYERS IN THAT TOWN, THEIR TAX BILL JUST WENT UP BECAUSE THE

                    STATE HAS TAKEN MORE OFF OF THE TAX ROLLS.

                                 SECTION 3 OF THIS SAYS CONSERVATION MEASURES SHALL BE

                    UNDERTAKEN IN WAYS THAT SERVE ALL COMMUNITIES, INCLUDING LOW-INCOME,

                    DISADVANTAGED, AND VULNERABLE COMMUNITIES.  I GUESS WE'LL SEE.  IF THIS

                    IS TRULY THE GOAL THAT WE'RE PASSING HERE TODAY, WE'LL SEE; WILL THE STATE

                    BUY LAND IN THOSE POOR RURAL AREAS, OR WILL THEY ONLY BE ABLE TO

                    PURCHASE THE LAND THAT IS IN WEALTHY AREAS OF NEW YORK STATE THAT

                    WON'T BE DISADVANTAGED.

                                 MR. SPEAKER, I VOTE NO BECAUSE I THINK THAT THEY'RE

                    GOING TO CONTINUE TO BUY UP LAND THAT'S TAKEN OFF OF THE TAX ROLLS, AND

                    MY CONSTITUENCY IN THE FRONT YARD OF AMERICA FEELS LIKE THIS STATE

                    DOESN'T EVEN WANT THEM TO LIVE THERE ANYMORE.  I VOTE NO.

                                 ACTING SPEAKER AUBRY:  MR. WALCZYK IN THE

                                         72



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    NEGATIVE.

                                 MR. LAWLER.

                                 MR. LAWLER:  THANK YOU, MR. SPEAKER.

                    REPRESENTING ROCKLAND COUNTY, WHICH IS THE SMALLEST GEOGRAPHIC

                    COUNTY OUTSIDE THE CITY OF NEW YORK, A THIRD OF OUR LAND IS DEDICATED

                    AS PARKLAND.  I REPRESENT THE AREA FROM THE HUDSON RIVER AND THE

                    WESTERN PORTION OF THE TAPPAN ZEE BRIDGE ALL THE WAY TO THE HARRIMAN

                    STATE PARK BORDER.  WE HAVE A BEAUTIFUL COUNTY, AND AS I SAID, A THIRD OF

                    IT BEING PARKLAND, WE BELIEVE VERY STRONGLY IN PRESERVING OPEN SPACE,

                    IN PROTECTING OUR ENVIRONMENT, PROTECTING OUR WATERWAYS.  AND I THINK

                    THIS BILL IS IMPORTANT TO SET THAT GOAL.  I DO AGREE WITH SOME OF MY

                    COLLEAGUES WHO BROUGHT UP THE FACT THAT IT SHOULD NOT JUST IMPACT

                    UPSTATE DISTRICTS, BUT ALL ACROSS THE STATE.  AND THE GOAL SHOULD BE BORE

                    OUT ACROSS THE STATE.  AND THAT'S WHY LIVING IN THE SUBURBS OF NEW

                    YORK CITY, CERTAINLY I AM PROUD OF THE FACT THAT A THIRD OF OUR LAND IS

                    DEDICATED PARKLAND, SO WE ARE HELPING MEET THOSE GOALS THROUGHOUT THE

                    STATE.

                                 I THINK THIS IS AN IMPORTANT BILL.  I THINK IT'S A GOOD

                    STEP FORWARD.  OPEN SPACE IS SOMETHING THAT I BELIEVE STRONGLY IN, IT'S

                    WHY I'VE INTRODUCED LEGISLATION TO CREATE A COMMUNITY PRESERVATION

                    FUND FOR THE TOWN OF ORANGETOWN.  WE PASSED THAT LAST YEAR IN THIS --

                    IN THIS CHAMBER.  I HOPE TO GET IT ACROSS THE FINISH LINE THIS YEAR, AND IT

                    WOULD GIVE THE MUNICIPALITIES THE TOOLS THEY NEED TO HELP MEET THESE

                    GOALS ACROSS THE STATE.  SO I THINK THAT'S SOMETHING THAT WE SHOULD ALSO

                    LOOK TO DO STATEWIDE AND HELP OUR MUNICIPALITIES SUPPORT US IN THIS

                                         73



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    EFFORT.  SO WITH THAT, I THANK THE SPONSOR AND I VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. LAWLER IN THE

                    AFFIRMATIVE.

                                 MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

                                 MRS. PEOPLES-STOKES:  THANK YOU FOR THE

                    OPPORTUNITY TO EXPLAIN MY VOTE.  I WANT TO COMMEND THE SPONSOR OF

                    THIS LEGISLATION, AND I WILL SAY THIS, I THINK IT MIGHT BE A COUPLE DECADES

                    LATE.  AS A PERSON WHO WAS BORN AND RAISED IN THE CITY OF BUFFALO, I

                    HAVE WATCHED THAT COMMUNITY GO FROM THE CITY OF BUFFALO TO THE

                    REGION OF A SUBURBAN SPRAWL, TO THE REGION OF RURAL SPRAWL, AND EVERY

                    TIME THAT HAPPENS, THERE'S A NEW AND FURTHER ROAD OUT.  THERE'S MORE

                    AND MORE INFRASTRUCTURE FOR ACCESS TO WATER, AS WELL AS SEWER SYSTEMS.

                    THERE'S MORE AND MORE TAXPAYERS COMPLAINING ABOUT THE COST OF TAXES

                    AND QUITE HONESTLY, MR. SPEAKER, THERE'S MORE AND MORE CORPORATE AND

                    RETAIL DEVELOPMENT THAT GOES THAT WAY ALSO, BUT WE'RE NOT AT THE SAME

                    TIME IN SPENDING RAPID TRANSIT.  WE'RE NOT AT THE SAME TIME EXPANDING

                    RAPID RAIL.  AND WHEN WE DO THAT, THEN WE'RE CREATING JOB IN PLACES

                    WHERE PEOPLE CAN'T EVEN GET TO WORK.  AND NOW WE'VE GOT TO FIND A

                    SOLUTION FOR THAT.

                                 AND SO I THINK, MR. SPEAKER, THAT THIS IS A GOOD IDEA

                    AND AGAIN, I DO THINK IT'S A COUPLE DECADES LATE.  AND I KNOW THAT THERE

                    ARE PEOPLE WHO LIVE IN AND AROUND FARMS WHO COMPLAIN THAT THEY SMELL

                    MANURE.  WELL, IF YOU MOVE INTO A DEVELOPMENT THAT'S AROUND A FARM,

                    YOU ARE GOING TO SMELL MANURE BECAUSE THERE'S A FARM NEXT DOOR.  AND

                    AT THE SAME TIME, MR. SPEAKER, PEOPLE ARE BEGINNING TO BE

                                         74



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    EMPTY-NESTERS AND MOVE BACK TO URBAN AREAS.  AND WHEN THEY DO THAT,

                    THEY LEAVE THE AREA WHERE THEY RAISED THEIR CHILDREN AT AND SOME OF

                    THOSE ROADS OUT THERE NOW ARE BEGINNING TO LOOK LIKE REFORESTATION

                    BECAUSE NOBODY'S RIDING ON THEM AS MUCH.  AND SO SOMETIMES OUR

                    THOUGHT PROCESS DRIVES US TO MOVE DEVELOPMENT IN WAYS THAT ARE

                    NEGATIVE TO THE ENVIRONMENT, AND IT'S NEGATIVE TO THE IMPACT THAT IT HAS

                    ON TAXPAYERS.

                                 AND SO I THINK THAT THIS NOT ONLY IS GOOD FOR THE

                    ENVIRONMENT, THE WATER, THE LAND, THE AIR, ET CETERA, BUT IT'S ALSO GOOD

                    FOR OUR TAX BASE TO FIGURE OUT HOW DO YOU STOP EXPANDING YOURSELF IF

                    THE ONLY THING YOU HAVE TO DO IS SPEND MONEY ON RUNNING A

                    GOVERNMENT THAT KEEPS YOU WITH ALL THE VITAL SERVICES THAT YOU NEED

                    WHEN YOU COULD STAY WHERE YOU WERE AND YOU HAD ACCESS TO THOSE

                    SERVICES.  AGAIN, MR. SPEAKER, I LIKE THIS LEGISLATION AND I'M HAPPY TO

                    VOTE IN FAVOR OF IT.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES

                    IN THE AFFIRMATIVE.

                                 MS. FAHY TO EXPLAIN HER VOTE.

                                 MS. FAHY:  THANK YOU, MR. SPEAKER, AND I WANT TO

                    THANK ALL THOSE WHO PARTICIPATED TODAY AGAIN.  THIS BILL IS ABOUT AN

                    EFFORT, A PLAN, AND A GOAL TO CONSERVE 30 PERCENT OF THE STATE'S LAND AND

                    WATER BY 2030.  THESE CONSERVATION EFFORTS WOULD INCLUDE FARMLAND

                    PRESERVATION, AS WELL AS INCREASED CLIMATE RESILIENCY, AND REDUCE THE

                    RISK OF FLOODING AND PROTECTING OUR WATER QUALITY WHICH WE'VE TALKED

                    SO MUCH ABOUT IN THIS -- IN THIS HOUSE OVER THE LAST GOOD FEW YEARS.

                                         75



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 I HAVE AN UNUSUAL DISTRICT.  I LIVE IN ALBANY WHICH IS A

                    VERY URBAN AREA, BUT I ALSO REPRESENT THREE WONDERFUL TOWNS THAT ARE

                    SUBURBAN AND RURAL, INCLUDING NEW SCOTLAND, GUILDERLAND AND

                    BETHLEHEM.  SO I UNDERSTAND MUCH OF THE DEBATE AND MANY OF THE

                    CONCERNS, BUT I'VE ALSO BEEN PROUD TO SPONSOR TWO BILLS TO ALLOW

                    GUILDERLAND AND BETHLEHEM TO DO MORE CONSERVATION EASEMENTS SUCH

                    THAT THEY CAN DO PLANNED GROWTH, THAT THEY CAN WORK AND RELIEVE SOME

                    OF THE PRESSURES ON DEVELOPMENT; YET, HAVE A BALANCE IN THE -- IN THE

                    TOWN OF WHAT IS CONSERVED, WHAT IS PARKLAND AND, YET, WHAT IS AVAILABLE

                    FOR -- FOR DEVELOPMENT.  AND THEY ARE -- HAVE BECOME HIGHLY, HIGHLY

                    DESIRABLE COMMUNITIES.  THIS IS ABOUT, AGAIN, INCREASING CLIMATE

                    RESILIENCY AND REDUCING RISK.  AS I MENTIONED EARLIER, THE LAST ESTIMATES

                    I SAW IN THAT -- IN JUST OVER TEN YEARS, WE'VE SPENT OVER $50 BILLION JUST

                    AS A STATE IN ENVIRONMENTAL DISASTER CLEANUP, IT'S JUST A STUNNING

                    NUMBER.  WE'VE HAD TREMENDOUS SUPPORT ON THIS LEGISLATION.  A WHOLE

                    HOST OF ADVOCATES HAVE SUPPORTED THIS, BUT I THINK IT IS WORTH REITERATING

                    ONE OF THOSE INCLUDES THE EMPIRE STATE FOREST PRODUCTS WHO HAVE SAID

                    A POSITIVE CONTRIBUTION FROM PRIVATE WORKING FORESTS CAN HELP MAKE

                    ENDURING CONSERVATION OUTCOMES.  AGAIN, LOTS OF BIPARTISAN SUPPORT

                    WHICH HAS BEEN APPRECIATED, AND I'M HAPPY TO WORK WITH ALL THOSE WITH

                    CONCERNS, AND I WANT TO THANK THE CHAIR AND THE SPEAKER.  I DO THINK

                    THIS IS A VALID GOAL THAT WILL COME BACK TO BENEFIT US IN THE DECADES TO

                    COME.  AND WITH THAT, I VOTE IN THE AFFIRMATIVE.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  MS. FAHY IN THE

                                         76



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    AFFIRMATIVE.

                                 MR. GOODELL.

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

                    FOLLOWING COLLEAGUES IN THE NEGATIVE:  MR. BRABENEC, MS. BYRNES, MR.

                    DIPIETRO, AND MR. FRIEND.

                                 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:  THANK YOU, MR.

                    SPEAKER.  TWO HOURS LATER, WE'VE COMPLETED OUR FIRST BILL OF THE DAY.

                    TWO HOURS LATER, WE'VE COMPLETED OUR FIRST DAY OF THE BILL.  WE

                    ACTUALLY HAVE SEVEN MORE TO GO, MR. SPEAKER.  SO IF WE COULD NOW GO

                    TO RULES REPORT NO. 81 BY MR. PRETLOW, AND WE CAN GO THROUGH THE LIST

                    AGAIN, BUT IF IT TAKES TWO HOURS TO GO THROUGH THE NEXT BILL THEN I'LL

                    STAND UP AND GO TO OUR NEXT RULES REPORT.  BUT RIGHT NOW, WE'RE GOING

                    TO GO TO RULES REPORT NO. 81.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. S08830, RULES REPORT NO.

                    81, SENATOR STEWART-COUSINS.  AN ACT TO AMEND THE ENVIRONMENTAL

                    CONSERVATION LAW, IN RELATION TO THE LOCATION OF ENVIRONMENTAL

                    FACILITIES (PRETLOW--A02103-D).

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. PRETLOW.

                                         77



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. PRETLOW:  ABSOLUTELY, MR. SPEAKER, BUT I WILL

                    GIVE EXTREMELY SHORT AND SUCCINCT ANSWERS AND NOT TO DELAY THIS

                    PROCEEDING ANY LONGER THAN WE HAVE TO.

                                 CERTAIN DISADVANTAGED COMMUNITIES HAVE BEEN FORCED

                    TO BEAR DISPROPORTIONATE AND INEQUITABLE SHARE OF ENVIRONMENTAL

                    FACILITIES LIKE LANDFILLS, HAZARDOUS WASTE FACILITIES.  THIS BILL WOULD

                    REQUIRE THE CONSIDERATION OF EXISTING POLLUTION ON SUCH COMMUNITIES

                    UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT, BETTER KNOWN AS

                    SEQR, AND WHEN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

                    MAKES CERTAIN PERMITTING DECISIONS UNDER THE UNIFORM PROCEDURES ACT,

                    THE DEC DETERMINES THAT A PROJECT WOULD INCREASE THE EXISTING PERMIT,

                    IT WOULD BE PROHIBITED FROM ISSUING A PERMIT.

                                 ACTING SPEAKER AUBRY:  MR. SMULLEN.

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

                    WOULD THE MEMBER FROM THE 89TH ASSEMBLY DISTRICT KINDLY YIELD FOR

                    SOME QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. PRETLOW, WILL YOU

                    YIELD?

                                 MR. PRETLOW:  ABSOLUTELY --

                                 ACTING SPEAKER AUBRY:  MR. PRETLOW YIELDS.

                                 MR. PRETLOW:  -- ANY TIME AN ASSEMBLY DISTRICT

                    WHICH IS -- INCLUDES A SEWAGE TREATMENT PLANT IN THE GREAT CITY OF

                    YONKERS.

                                 MR. SMULLEN:  MY ASSEMBLY DISTRICT INCLUDES A

                    JOINT WASTEWATER TREATMENT PLANT IN THE FINE CITY OF JOHNSTOWN, SO...

                                         78



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. PRETLOW:  WELCOME TO THE CLUB.

                                 MR. SMULLEN:  I THINK WE'VE GOT LOTS IN COMMON

                    TO TALK ABOUT HERE TODAY.

                                 SO I JUST WANTED TO GET INTO SOME OF THE DEFINITIONS.  I

                    SAW -- I NOTICED THE LAST TIME THIS BILL CAME UP WAS 2012, I OBVIOUSLY --

                    I WASN'T IN THAT -- THIS BODY BACK THEN, BUT I DID NOTICE THAT SOME OF THE

                    LANGUAGE HAS CHANGED FROM THE PREVIOUS BILL TO THIS BILL AND I JUST

                    WANTED TO MAKE SURE IT WAS WELL-DEFINED BECAUSE WE'RE TALKING ABOUT

                    DEFINITIONS HERE, AND SPECIFICALLY DEFINITIONS UNDER THE ENVIRONMENTAL

                    CONSERVATION LAW.  COULD YOU REFLECT ON WHAT THE DIFFERENCES ARE

                    BETWEEN THEN AND THIS BILL, AND WHAT THE MEANING OF A DISADVANTAGED

                    COMMUNITY IS IN YOUR LEGISLATIVE INTENT, SIR.

                                 MR. PRETLOW:  WELL, SINCE THIS BILL IS CELEBRATING

                    ITS 28TH BIRTHDAY, THE NAMES HAVE CHANGED TO PROTECT THE INNOCENT, I

                    SUPPOSE, BUT A DISADVANTAGED COMMUNITY HAS THE SAME MEANING AS THE

                    TERM AS DEFINED IN THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION

                    ACT, BETTER KNOWN AS CLCPA.  IT REQUIRED THE CLIMATE JUSTICE

                    WORKING GROUP TO ESTABLISH CRITERIA FOR THE DEFINITION.  WHILE THE

                    PROPOSED DEFINITION IS STILL UNDER DRAFT FORM UNTIL JULY, DISADVANTAGED

                    COMMUNITIES ARE EXPECTED TO BE IDENTIFIED AT THE CENSUS TRACT LEVEL AND

                    BEAR THE BURDENS OF NEGATIVE PUBLIC HEALTH EFFECTS, ENVIRONMENTAL

                    POLLUTION IMPACTS OF CLIMATE CHANGE AND POSSESS CERTAIN

                    SOCIO-ECONOMIC CRITERIA, WHILE COMPRISED HIGH CONCENTRATIONS OF LOW-

                    AND MODERATE-INCOME HOUSEHOLDS.  AS CURRENTLY PROPOSED, 47 COUNTIES

                    OUTSIDE OF NEW YORK CITY WOULD HAVE AT LEAST ONE ELIGIBLE CENSUS

                                         79



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    TRACT.  WHEN PUT IN ANOTHER WAY, ONLY NINE COUNTIES OUTSIDE OF NEW

                    YORK CITY DO NOT HAVE SITES, AND THOSE ARE ESSEX, HAMILTON, LEWIS,

                    LIVINGSTON, OTSEGO, SARATOGA, SCHUYLER, WARREN AND WYOMING

                    COUNTIES.

                                 MR. SMULLEN:  SO CERTAINLY BY YOUR DEFINITION

                    THEN, THIS WOULD INCLUDE MANY OF THE OLD INDUSTRIAL AREAS IN UPSTATE

                    NEW YORK.

                                 MR. PRETLOW:  YES.

                                 MR. SMULLEN:  AND THEN -- SO HOW ARE WE GOING

                    TO GO ABOUT MAKING THE REGULATION THAT THEN GETS PROMULGATED THAT'S

                    GOING TO ENSURE THAT IT INCLUDES MANY OF THE LEGACY ENVIRONMENTAL SITES

                    IN THE AREAS I REPRESENT.  I'M TALKING ABOUT BROWNFIELD SITES, SUPER FUND

                    SITES.  HOW IS THAT GOING TO BE WORKED OUT IN OUR -- IN OUR LAW HERE?

                                 MR. PRETLOW:  WELL, THE WAY THIS -- THIS WILL BE A

                    LAW IS DESIGNED IS THAT WHEN AN ENTITY IS LOOKING FOR A PERMIT TO BUILD A

                    SITE THAT WE THINK WILL BE DETRIMENTAL TO A COMMUNITY, THEY HAVE TO GO

                    THROUGH A CERTAIN CHECKLIST AND DETERMINE WHETHER THAT FACILITY WOULD

                    ADVERSELY AFFECT THE PEOPLE THAT LIVE WITHIN THAT CENSUS TRACT.

                                 MR. SMULLEN:  AND IF IT'S DONE BY CENSUS TRACT,

                    YOU KNOW, WE GET THAT DOWN TO THE -- THAT'S REALLY A FINE -- FINE TOOTH

                    COMB.  SO SAY IF WE WERE GOING TO DEVELOP AN OLD INDUSTRIAL SITE INTO A

                    NEW INDUSTRIAL SITE, WOULD THAT BE INCLUDED IN THAT -- IN THAT DEFINITION?

                                 MR. PRETLOW:  YEAH, WE'RE JUST LOOKING AT IF IT

                    WOULD HAVE AN ADVERSE AFFECT.  THIS IS PROJECT SPECIFIC.

                                 MR. SMULLEN:  I'M SORRY, CAN YOU SAY THAT AGAIN?

                                         80



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. PRETLOW:  THIS WILL BE PROJECT SPECIFIC.  IF IT'S

                    GOING TO INCREASE THE HAZARDOUS OUTPUT OF THE FACILITY, THEN IT WOULD

                    COME UNDER THIS AND FALL UNDER THIS BILL.

                                 MR. SMULLEN:  SO THEREFORE IT WOULDN'T APPLY IF IT

                    WAS AN OLD INDUSTRIAL SITE THAT WE WERE CLEANING UP AND THEN

                    REPURPOSING FOR A -- SOME OTHER PURPOSE THAT'S NOT INCLUDED UNDER THE

                    CRITERIA IN THIS LAW.

                                 MR. PRETLOW:  I BELIEVE SO.

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

                    PRETLOW, I APPRECIATE THE OPPORTUNITY TO ASK QUESTIONS.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MR. PRETLOW, WILL YOU

                    YIELD?

                                 MR. PRETLOW:  OH, I WAS EXPECTING THIS.

                    ABSOLUTELY, MR. GOODELL.

                                 ACTING SPEAKER AUBRY:  MR. PRETLOW

                    EXPECTINGLY YIELDS.

                                 MR. GOODELL:  THANK YOU, MR. PRETLOW.  OF

                    COURSE, A LOT OF CONCERNS HAVE BEEN RAISED THAT ONE REASON -- WELL, THAT

                    THESE FACILITIES ENVIRONMENTALLY IMPACT BOTH FACILITIES WERE LOCATED IN

                    AREAS WHERE THE LAND WAS THE LEAST EXPENSIVE AND, OF COURSE, IT'S NOT

                    LIKELY THAT ANY OF OUR LOCAL MUNICIPALITIES WILL CHOOSE THE MOST

                    EXPENSIVE, WEALTHIEST NEIGHBORHOODS TO PUT IN A SEWER TREATMENT PLANT.

                                         81



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. PRETLOW:  WELL, I DON'T BELIEVE THAT THE COST

                    OF LAND SHOULD DETERMINE THE LIFE OF AN INDIVIDUAL.  IF A FACILITY IS

                    CAUSING LIFE-THREATENING ILLNESSES TO INDIVIDUALS JUST BECAUSE THE LAND IS

                    CHEAP THERE, THAT'S NO REASON TO PUT A FACILITY THAT WILL BE DETRIMENTAL TO

                    THEIR HEALTH.  I WILL GIVE YOU AN EXAMPLE OF WHAT WE CALL

                    ENVIRONMENTAL JUSTICE.  I'M SURE THAT YOU HAVE BEEN TO THE CITY OF NEW

                    YORK AND DRIVEN DOWN THE WEST SIDE HIGHWAY, AND WHEN YOU GET TO

                    AROUND 155TH STREET, YOU MAY NOTICE SOME ODD SMELLS.  THAT IS A

                    SEWAGE TREATMENT PLANT.  THIS PLANT WAS BUILT BACK IN ROBERT MOSES'

                    DAY AND IT WAS PROVEN THE BEST SITE FOR THAT SEWAGE PLANT WAS 72ND

                    STREET, NOT 155TH STREET, BUT 72ND STREET ON THE WEST SIDE OF

                    MANHATTAN DIDN'T WANT THE SEWAGE TREATMENT PLANT, SO WHAT DID THEY

                    DO?  THEY STUCK IT IN HARLEM, AND IT'S THERE TO THIS VERY DAY.

                                 MR. GOODELL:  I THINK WE BOTH WOULD AGREE THAT

                    NO ONE'S HEALTH SHOULD BE THREATENED BY ANY FACILITY WHETHER THEY'RE

                    RICH OR POOR; WOULD YOU AGREE?

                                 MR. PRETLOW:  ABSOLUTELY.

                                 MR. GOODELL:  AND SO SHOULDN'T OUR FOCUS THEN BE

                    IN ENSURING THAT NOBODY'S HEALTH IS INJURED --

                                 MR. PRETLOW:  WE WOULD LIKE NO ONE'S HEALTH --

                                 MR. GOODELL:  -- AND ENSURE THAT REGARDLESS OF

                    WHERE A FACILITY IS LOCATED THAT IT MEETS THE HIGHEST APPROPRIATE

                    STANDARDS?

                                 MR. PRETLOW:  ABSOLUTELY.  BUT WHAT THIS BILL IS

                    ADDRESSING IS IF A FACILITY IS PUT INTO A COMMUNITY THAT ALREADY HAS A

                                         82



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    HIGH INCIDENCE OF VARIOUS AILMENTS, THIS WOULD ONLY EXASPERATE THAT.

                                 MR. GOODELL:  SO IS THE THEORY THAT IF WE HAVE A

                    NEIGHBORHOOD THAT IS RELATIVELY HEALTHY WE'LL LOCATE DANGEROUS FACILITIES

                    IN --

                                 MR. PRETLOW:  WELL, WE'RE NOT LOOKING TO PUT

                    DANGEROUS FACILITIES, WE DON'T WANT TO BUILD DANGEROUS FACILITIES IN THE

                    FIRST PLACE.  BUT WE ALSO DON'T WANT TO PUT SEVERAL OF THESE SITES IN ONE

                    COMMUNITY BECAUSE IT BECOMES DETRIMENTAL TO THE HEALTH AND

                    WELL-BEING OF THE INDIVIDUALS THAT LIVE IN THAT AREA.

                                 MR. GOODELL:  OKAY.  THANK YOU FOR CLARIFYING

                    THAT.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 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 SENATE PRINT 8830.  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. GOODELL.

                                 MR. GOODELL:  THANK YOU, JUST TO EXPLAIN MY

                    VOTE.  THIS PARTICULAR BILL FOCUSES ON SITING ENVIRONMENTAL FACILITIES IN

                    MINORITY COMMUNITIES, OR AN ECONOMICALLY-DISTRESSED AREA.  SINCE A

                    SUBSTANTIAL PORTION OF MY DISTRICT AND MANY OF THE UPSTATE DISTRICTS ARE

                                         83



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ALREADY ECONOMICALLY DISTRESSED, I'M NOT QUITE SURE WHERE WE'RE GOING

                    TO PUT ANY OF THESE FACILITIES.  BUT I SHARE THE SPONSOR'S CONCERN THAT NO

                    COMMUNITY SHOULD BE DISPROPORTIONATELY IMPACTED AND THAT ALL

                    FACILITIES, WHEREVER THEY ARE LOCATED, SHOULD BE APPROPRIATE

                    ENVIRONMENTAL STANDARDS SO THAT NOBODY'S HEALTH OR SAFETY IS

                    JEOPARDIZED.  THANK YOU, SIR.  I WILL BE SUPPORTING IT.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL IN THE

                    AFFIRMATIVE.

                                 MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  WE STARTED OUT EARLIER TODAY - WELL, I DID - HONORING MR.

                    BRODSKY FOR HIS SERVICE HERE AS WELL AS THE FACT THAT HE WAS A TRANSPLANT

                    DONOR, AND TO THINK THAT WE ARE NOW HERE ACTUALLY HOPEFULLY PASSING A

                    BILL THAT HE INTRODUCED IN 2000 THAT IS IMPORTANT TO THE LIVES OF ALL

                    PEOPLE, REGARDLESS OF THEIR ETHNICITY OR THEIR INCOME LEVEL.  SO I, THIS

                    TIME, WANT TO CONGRATULATE THE SPONSOR OF TODAY'S LEGISLATION.  THAT --

                    THIS IS IMPORTANT WORK.  EVERY TIME WE DO SOMETHING THAT NEGATIVELY

                    IMPACTS PEOPLE'S HEALTH, PARTICULARLY THOSE THAT ARE OF LOW-INCOME OR

                    POOR, WE END UP PAYING AT THE OTHER END OF IT BECAUSE WE PAY FOR THEIR

                    HEALTH CARE COSTS, WE PAY FOR THEIR EDUCATION COSTS.  AND SO THIS, TO ME,

                    IS A PREVENTATIVE MEASURE THAT CAN HELP IN THE FUTURE NOT HAVE TO HAVE

                    THE STATE INCREASING THE COST FOR MEDICAID AND/OR EDUCATIONAL HIGHER

                    ED.  SO AGAIN, I WANT TO COMMEND THE SPONSOR AND VOTE IN THE

                    AFFIRMATIVE.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES

                                         84



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    IN THE AFFIRMATIVE.

                                 MR. GOODELL.

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

                    COLLEAGUES MR. DIPIETRO AND MR. FRIEND IN THE NEGATIVE.  THANK YOU,

                    SIR.

                                 ACTING SPEAKER AUBRY:  SO NOTED, THANK YOU.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 5, RULES REPORT NO. 82, THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. S02838-C, RULES REPORT

                    NO. 82, SENATOR PARKER.  AN ACT TO AMEND THE EXECUTIVE LAW, IN

                    RELATION TO THE PURCHASE OR LEASE OF ZERO EMISSION VEHICLES FOR

                    STATE-OWNED VEHICLE FLEETS (FAHY--A02412-B).

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MS. FAHY.

                                 MS. FAHY:  THIS BILL A2412 IS A TRANSPORTATION

                    SECTOR BILL TO -- SORRY, LET ME SWITCH -- I HADN'T SWITCHED GEARS FAST

                    ENOUGH.  SORRY.  HERE WE GO, SORRY.  IT AMENDS THE EXECUTIVE LAW IN

                    RELATION TO THE PURCHASE OR LEASE OF ZERO EMISSION VEHICLES FOR

                    STATE-OWNED VEHICLE FLEETS.  AND IT LAYS OUT A TIMELINE, BUT ESSENTIALLY

                    THE PRIMARY GOAL IS BY 2030 THAT ALL OF THE STATE PASSENGER VEHICLES

                    WOULD BE ZERO EMISSION VEHICLES.  AND THE INTENT IS TO DO THIS AS THEY

                    ARE PHASING OUT OTHER -- OTHER VEHICLES, SO IN OTHER WORDS WE RECOGNIZE

                    THAT THIS CAN'T HAPPEN TOMORROW.  WE DID -- THERE WAS $17 MILLION PUT

                                         85



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    IN THE BUDGET EARLIER THIS MONTH IN AN EFFORT TO HELP SUPPORT THE

                    TRANSITION TO ZERO EMISSION VEHICLES AND THIS SETS A GOAL OF MOVING

                    TOWARD ALL ZERO EMISSION VEHICLES AGAIN WITH THE STATE FLEET.  AND THE

                    INTENT HERE IS WE TALK A LOT ABOUT MOVING THE TRANSPORTATION SECTOR

                    WHICH ACCOUNTS, DEPENDING ON WHAT NUMBERS YOU USE, IT ACCOUNTS FOR

                    ABOUT 30 PERCENT OF THE STATE'S GREENHOUSES GAS EMISSIONS, AND THIS IS

                    AN EFFORT TO HAVE THE STATE LEAD ON WHAT WE BELIEVE IS AN IMPORTANT

                    GOAL AND AN IMPORTANT NEED, AND THAT IS TO BRING DOWN THOSE

                    TRANSPORTATION EMISSIONS.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO.

                                 MR. PALMESANO:  MR. SPEAKER, WILL THE SPONSOR

                    YIELD FOR A FEW QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. FAHY, WILL YOU

                    YIELD?

                                 MS. FAHY:  YES, HAPPY TO.

                                 ACTING SPEAKER AUBRY:  MS. FAHY YIELDS, SIR.

                                 MR. PALMESANO:  THANK YOU, MS. FAHY.  FIRST

                    BEFORE I START, I JUST WANT TO SAY THANK YOU FOR YOUR COMMENTS ON THE

                    FLOOR EARLIER.  VERY HEARTFELT, VERY POWERFUL.  THE HEART AND SOUL OF THIS

                    CHAMBER IS WITH YOU AND YOUR LOSS, BUT YOUR WORDS RESINATED WITH

                    EVERYONE HERE AND IS CERTAINLY A POWERFUL VOICE ON THE ISSUE AND

                    DISCUSSION OF ORGAN DONATION, SO THANK YOU FOR THAT.

                                 MS. FAHY:  VERY KIND, THANK YOU VERY MUCH.

                                 MR. PALMESANO:  I DO HAVE JUST A COUPLE

                    QUESTIONS I KIND OF WANT TO GET TO, SOME -- BUT THEN I'M GOING TO TRY TO

                                         86



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    SPEAK MORE ON THE BILL, SO I JUST WANTED TO TOUCH ON A COUPLE ISSUES

                    WITH YOU IF I COULD.  I KNOW, AND I OBVIOUSLY HAVE BEEN A, AS YOU

                    KNOW, PRETTY CRITICAL OF THE CLCPA, NOT BECAUSE WE HAVEN'T -- I

                    HAVEN'T SAID WE SHOULDN'T BE INVESTING IN RENEWABLE TECHNOLOGY, WE

                    SHOULD.  MY CRITICISM HAS REALLY BEEN THAT, YOU KNOW, NEW YORK ONLY

                    CONTRIBUTES .5 PERCENT OF THE TOTAL CARBON GLOBAL EMISSIONS WHILE

                    CHINA'S AT 29 PERCENT AND BUILDING COAL PLANTS, AND US DOING IT ALONE,

                    BUT I KNOW YOU MENTIONED THAT -- ON THIS ISSUE THAT IT'S REALLY ABOUT

                    LEADING AND TRYING TO HOPEFULLY HAVE OTHERS COME ALONG; IS THAT RIGHT,

                    TO TRY TO COMPLY WITH THE CLCPA, IS THAT FAIR?

                                 MS. FAHY:  YES.

                                 MR. PALMESANO:  OKAY.  ON THE COST SIDE OF IT, I

                    KNOW YOU MENTIONED $17 MILLION IN THE BUDGET, DO YOU HAVE ANY

                    ESTIMATES ON WHAT THIS MIGHT COST FROM FULL IMPLEMENTATION OF WHERE

                    WE'RE HEADING?

                                 MS. FAHY:  I DON'T HAVE AN OVERALL ESTIMATE AND,

                    AGAIN, THIS IS A PHASE-OUT.  THIS BILL HAS BEEN AROUND FOR A COUPLE OF

                    YEARS SO WE RECOGNIZE WE'RE ALREADY A LITTLE BIT BEHIND AND, AS YOU

                    KNOW, WITH MANY OF THE STATE VEHICLES, STATE-OWNED VEHICLES OR

                    STATE-LEASED VEHICLES, THERE'S ALREADY BEEN AN EFFORT TO BEGIN TO

                    TRANSITION, BUT $17 MILLION IS AN EFFORT AND I SHOULD ADD, ONE OF THE

                    PROBLEMS WITH MOVING TOWARD ELECTRIC VEHICLES, AND WE SEE THIS IN THE

                    PRIVATE MARKETPLACE, IS THAT THERE IS OFTEN A HIGHER UPFRONT COST, BUT A

                    MUCH LOWER LIFE CYCLE COST.  AND SO EVEN THOUGH THAT'S CHANGING VERY

                    RAPIDLY AS -- ESPECIALLY WITH THE PRICE OF GASOLINE, BUT IT IS THE

                                         87



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    OPERATING COST THAT BECOME CHEAPER, BUT IT'S THE INITIAL OUTLAY OF CAPITAL

                    SO I SHOULD HAVE MENTIONED THAT'S $17 MILLION IN CAPITAL TO BEGIN TO

                    TRANSFER THE STATE FLEET, OR TRANSITION THE STATE FLEET.

                                 MR. PALMESANO:  AND AS WE -- AS WE MOVE

                    FORWARD TO THE ALL ELECTRIC VEHICLES BY 2035 AND THEN OBVIOUSLY THE

                    STATE FLEET, IT'S GOING TO REQUIRE A GREAT DEAL OF ELECTRICITY AND STRESS ON

                    THE SYSTEM, SO THERE'S GOING TO HAVE TO BE MAJOR IMPROVEMENTS TO THE

                    INFRASTRUCTURE TO GO TO THIS FULL ELECTRIFICATION, RIGHT?  SO WHO IS GOING

                    TO BE ACCOUNTABLE FOR THOSE COSTS WITH THE FULL UPGRADE TO

                    ELECTRIFICATION OF OUR NETWORK AND CHARGING?  IS THAT GOING TO

                    ULTIMATELY FALL ON THE RATEPAYERS AND THE RESIDENTS OF THIS STATE?

                                 MS. FAHY:  I DON'T HAVE NUMBERS IN FRONT OF ME AND

                    I SHOULD HAVE SOME OF THOSE MEMORIZED, ACTUALLY, BUT AS YOU KNOW WE

                    HAVE ALSO PUT MONEY IN THE BUDGET TO REALLY INCREASE AND IMPROVE THE

                    ELECTRIC VEHICLE INFRASTRUCTURE.  PERSONALLY, I HAVE BOUGHT PLUG-IN

                    ELECTRIC HYBRIDS BECAUSE -- BECAUSE OF THE RANGE ANXIETY AND BECAUSE

                    THE INFRASTRUCTURE IS NOT THERE.  WE'RE GETTING THERE AND AS YOU KNOW,

                    THERE'S SOME PRETTY AMBITIOUS GOALS TO INCREASE THE ELECTRIC VEHICLE

                    INFRASTRUCTURE, BUT IT'S NOT THERE YET ALONG WITH -- AND I KNOW YOU'RE --

                    YOU'RE ALLUDING TO MORE THAN THAT, BUT ALL OF THESE -- ALL OF THESE EFFORTS

                    NEED TO MOVE SIMULTANEOUSLY, AND CERTAINLY WE HAVE DESIGNATED

                    MILLIONS OF OTHER DOLLARS TO INCREASE THE EV INFRASTRUCTURE.  FOR

                    EXAMPLE, HERE IN THIS REGION, THE CAPITAL DISTRICT TRANSPORTATION

                    AUTHORITY, PART OF WHEN WE DESIGNATED DOLLARS TO THEM FROM THE

                    VOLKSWAGON SETTLEMENT DOLLARS, A LOT OF THAT WENT TO BUILD UP THE

                                         88



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ELECTRIC VEHICLE INFRASTRUCTURE AS WELL AS TO PURCHASE ELECTRIC VEHICLE

                    BUSES, AND I WOULD ASSUME THAT'S THE SAME FOR YOU.

                                 MR. PALMESANO:  OKAY.  YOU MENTIONED ABOUT

                    THE RANGE AND AN ESTIMATE ISSUE I'M CONCERNED ABOUT, AS WELL, BECAUSE

                    I KNOW PART OF THIS BILL TALKS ABOUT THE HEAVY DUTY, LIKE OUR SNOW --

                    SNOW PLOWS OR DUMP TRUCKS, OUR EXCAVATION VEHICLES.  ISN'T THIS IS

                    GOING TO POSE A -- YOU SAID FURTHER UPFRONT COST AND THEN GIVEN THAT

                    RANGE ISSUE THAT WE HAVE WITH ELECTRIC VEHICLES, YOU KNOW, HOW FAR

                    THEY CAN GO, WE TALKED ABOUT THE SCHOOL BUSES, AREN'T BASICALLY THE

                    STATE AND THEN ULTIMATELY OUR LOCAL GOVERNMENTS GOING TO HAVE TO

                    INVEST -- SPEND MORE MONEY ON THESE VEHICLES GIVEN THAT RANGE ISSUE

                    AND HOW THEY ADDRESS IT, ESPECIALLY WHEN THERE'S A SNOWSTORM OR WHEN

                    THERE'S MAJOR FLOODING AND WE HAVE TO DO MAJOR EXCAVATION WORK AND

                    IF THESE ARE ALL ELECTRIC-POWERED VEHICLES, THEY CAN'T JUST RUN AND FILL UP

                    ON GAS, IT TAKES TIME TO CHARGE THEM.  SO AREN'T THEY GOING TO HAVE TO

                    INVEST MORE MONEY IN SOME OF THESE VEHICLES PROBABLY?

                                 MS. FAHY:  AGAIN, YOU -- FIRST OF ALL, WE HAVE MORE

                    YEARS, IT'S 2035 FOR THE MEDIUM AND HEAVY DUTY TRUCKS, AND THE

                    TECHNOLOGY IS CHANGING SO RAPIDLY IT'S ACTUALLY HARD TO KEEP UP WITH.  I

                    OWN A 2018 AND I -- 2018 PLUG IN ELECTRIC AND I CAN'T BELIEVE HOW

                    MUCH THINGS HAVE CHANGED IN JUST THE FEW YEARS.  BUT IN ADDITION,

                    AGAIN, IT IS THIS ISSUE OF AND WE'RE SEEING THIS AGAIN IN THE OVERALL

                    MARKETPLACE, THE -- IT'S THE UPFRONT COST THAT IS A LITTLE PRICIER AT THIS

                    POINT; THE LONG-TERM OPERATING COST, THE LIFE CYCLE COST, THE

                    MAINTENANCE COSTS ARE A FRACTION OF WHAT THAT UPFRONT COST IS SO I -- WE

                                         89



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DO THINK THAT THIS WILL ULTIMATELY BE A SAVINGS IN OPERATING AND

                    MAINTENANCE COSTS, AS WELL AS THIS -- THIS ISN'T, AS YOU KNOW, AT THE END,

                    THIS IS ALSO BEING DONE TO PROTECT OR TO BRING DOWN THE AMOUNT OF

                    TRANSPORTATION EMISSIONS, THE GREENHOUSES GAS EMISSIONS FROM OUR

                    TRANSPORTATION SECTOR.  SO IT'S NOT -- SO THERE'S MULTIPLE GOALS HERE, AS

                    WELL, BUT IN THE END WE DO THINK AND WE'RE SEEING THIS ALREADY, THE

                    ELECTRIC VEHICLE MARKET, IF I HAD BEEN SPEAKING HERE A YEAR AGO, I

                    WOULD'VE SAID WE'RE NOT IN THE TOP TEN YET, WE'RE NOT EVEN CLOSE,

                    WHEREAS NOW, THAT MARKET HAS CHANGED DRAMATICALLY AS A RESULT --

                    PARTLY BECAUSE OF THE HORRIFIC UKRAINIAN WAR, BUT THE MARKET HAS

                    CHANGED DRAMATICALLY AND THE PRICES ARE COMING DOWN AND MORE

                    COMPETITIVE.

                                 MR. PALMESANO:  RIGHT, AND THE UPFRONT COST IS

                    CERTAINLY SIGNIFICANT, I MIGHT MENTION THAT A LITTLE BIT IN MY COMMENTS,

                    BUT ONE OTHER QUESTION, YOU KNOW, HAS THIS LEGISLATION PROBABLY DOESN'T

                    BUT IS IT SOMETHING WE SHOULD BE LOOKING AT AS WE MOVE FORWARD AS A

                    STATE SINCE THIS IS SPECIFICALLY ON STATE, SOMETHING I'VE TALKED ABOUT ON

                    THE FLOOR, SOME OF THE HUMAN RIGHTS AND ENVIRONMENTAL IMPACTS,

                    NEGATIVE ENVIRONMENTAL IMPACTS OF THE RARE EARTH MATERIALS AND

                    EXTRACTION AND MINING THAT'S GOING ON IN OTHER PARTS OF THE WORLD LIKE

                    THE DEMOCRATIC REPUBLIC OF CONGO AND OTHER PLACES.  IS THAT

                    SOMETHING WE SHOULD BE ADDRESSING AND LOOKING AT AS WE MOVE

                    FORWARD GIVEN THAT SOME OF THE DOC -- WELL-DOCUMENTED IMPACTS OF THE

                    HUMAN RIGHTS, USE OF CHILD LABOR AND THE NEGATIVE ENVIRONMENTAL

                    IMPACTS.  SO IF IT'S NOT ADDRESSED IN THIS BILL, ISN'T THAT SOMETHING THE

                                         90



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    STATE SHOULD REALLY TAKE CONSIDERATION OF AND ADDRESS AS WELL AS WE

                    MOVE FORWARD IN THE ACQUISITION OF AND PURCHASES OF THESE ELECTRIC

                    VEHICLES ON WHERE THIS MATERIAL IS COMING FROM AND HOW THEY'RE BEING

                    EXTRACTED AND BY WHO?

                                 MS. FAHY:  HUMAN RIGHTS VIOLATIONS SHOULD ALWAYS

                    BE A CONSIDERATION IN EVERYTHING WE DO, ALTHOUGH THOSE ARE -- BECAUSE

                    THOSE ARE INTERNATIONAL ISSUES, THOSE ARE ADDRESSED AT THE FEDERAL LEVEL

                    AND I DO APPRECIATE YOU RAISING THOSE BECAUSE I THINK THERE ARE SOME

                    VERY VALID CONCERNS RAISED THERE, BUT AGAIN THOSE ARE INTERNATIONAL

                    ISSUES THAT NEED TO BE ADDRESSED AT THE FEDERAL LEVEL AND -- BUT IN

                    ADDITION, I SHOULD ADD THAT NYSERDA, OUR STATE ENERGY AGENCY, IS

                    ALSO LOOKING AT ALTERNATIVES, WELL, AS IS THE MARKETPLACE LOOKING AT

                    ALTERNATIVES INCLUDING WITH BATTERIES AND BATTERY STORAGE.  SO THERE ARE

                    -- THERE ARE EFFORTS TO DO THAT, BUT I DON'T WANT TO MINIMIZE THE

                    CONCERNS RAISED ABOUT HUMAN RIGHTS VIOLATIONS.  THOSE ARE -- THOSE ARE

                    -- THOSE ARE LEGITIMATE CONCERNS, BUT THAT IS -- THAT IS A LITTLE BEYOND THE

                    PURVIEW OF THIS.  IT CERTAINLY -- THEY HAVE BEEN ADDRESSED, AS YOU RECALL

                    THERE WERE A NUMBER OF ISSUES WITH CELL PHONES YEARS AGO AND A

                    NUMBER OF THOSE HAVE BEEN ADDRESSED.  NOT TO THE DEGREE THAT YOU'RE

                    REFERENCING, BUT CERTAINLY WE HAVE MADE SERIOUS PROGRESS THERE AND

                    NEED TO DO THE SAME.  SO I WOULDN'T ARGUE THE POINT.

                                 MR. PALMESANO:  ALL RIGHT.  THANK YOU, MS.

                    FAHY, I APPRECIATE YOUR TIME.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                         91



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. PALMESANO:  MR. SPEAKER AND MY

                    COLLEAGUES, AS I HAVE TALKED ABOUT THIS IN THE PAST, MY CONCERNS WITH

                    THE CLCPA AND THE IMPLEMENTATION OF THESE POLICIES IS NOT THAT WE

                    SHOULDN'T BE LOOKING AT INVESTMENTS IN RENEWABLE ENERGY TECHNOLOGY,

                    IT'S THE FACT THAT WE'RE DOING IT ALONE.  WHENEVER I BRING THAT UP WHEN I

                    TALK ABOUT NEW YORK STATE BEING .5 PERCENT OF THE TOTAL LOCAL CARBON

                    EMISSIONS, BUT YET CHINA'S AT 29 PERCENT AND BUILDING COAL PLANTS HAND

                    OVER FIST, INDIA'S AT 7 PERCENT, THEY'RE STILL USING COAL, AND RUSSIA IS AT 4

                    PERCENT AND THEY'RE IN THE PROCESS OF BUILDING $110 BILLION ARCTIC OIL

                    PORT.  SO THERE'S REALLY NO INTEREST ON THOSE INDIVIDUALS AND GROUPS TO

                    HELP US MEETING OUR CLIMATE GOALS, IT'S NOT GOING TO MAKE A MAJOR

                    IMPACT.  BUT I THINK WHERE I GET FRUSTRATED WITH THIS ISSUE AS WELL AS WE

                    SAY, YOU KNOW, WE'RE GOING TO LEAD.  WHEN I TALK ABOUT CHINA, THIS,

                    YOU KNOW, EVEN THE OTHER DAY ON THE FLOOR THEY SAID IT WAS KIND OF A

                    RHETORIC THAT I USE, IT'S NOT RHETORIC, IT'S FACT.  THE FACT OF THE MATTER IS

                    WE'RE .5 PERCENT AND WHEN CHINA'S EMITTING AT 29 PERCENT AND I THINK

                    THE FIRST QUARTER OF 2021 CARBON EMISSIONS INCREASED BY 9 PERCENT.  BUT

                    I THINK WHERE MY FRUSTRATION COMES WITH THIS ISSUE AND I THINK, BELIEVE

                    ME, IS REALLY WHEN WE TALK ABOUT LEADING BUT HOW WE ALWAYS -- WE CAN

                    LEAD ON THIS, BUT WHEN IT COMES TO THE HUMAN RIGHTS AND ENVIRONMENTAL

                    IMPACTS THAT'S HAPPENING IN THE DEMOCRATIC REPUBLIC OF CONGO AND

                    THESE OTHER FOREIGN NATIONS THAT'S WELL DOCUMENTED, THE ANSWER IS IT

                    CAME FROM THE COMMISSIONER OF DEC SAYING THE FEDERAL GOVERNMENT

                    NEEDS TO DO IT OR ANYONE ELSE.  IT'S ALWAYS THAT THE FEDERAL GOVERNMENT

                    NEEDS TO DO IT.

                                         92



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 HOW CAN WE BE EXPECTED TO LEAD ON THE CLCPA, HOW

                    CAN WE SAY WE'RE GOING TO LEAD ON THAT BUT WHEN IT COMES TO THESE

                    HUMAN RIGHTS AND ENVIRONMENTAL ISSUES THAT ARE WELL DOCUMENTED, HOW

                    CAN WE JUST KIND OF -- REALLY KIND OF TURN A BLIND EYE AND BE SILENT AND

                    SAY IT'S THE FEDERAL GOVERNMENT'S RESPONSIBILITY?  THAT'S NOT LEADING,

                    THAT'S PUNTING THE RESPONSIBILITY AND IT'S NOT APPROPRIATE, ESPECIALLY

                    WHEN YOU KNOW THAT 70 PERCENT OF THE COBALT IS EXTRACTED IN THE

                    DEMOCRATIC REPUBLIC OF CONGO WHERE IT IS WELL DOCUMENTED AND THESE

                    MINING COLLAPSES THAT THEY USE CHILD LABOR.  THERE'S ABOUT 40,000

                    ESTIMATED CHILDREN MINING THESE ARTISAN -- HAND MINING THESE -- THESE

                    MINES.  AND UNFORTUNATELY, THESE CHILDREN ARE DYING, THEY'RE BEING

                    MAIMED, AND YOU THINK WHY AREN'T THEY IN SCHOOL?  WELL, BECAUSE THE

                    GOVERNMENT CHARGES THEM $6 A DAY TO BE IN SCHOOL, BUT THESE KIDS WHO

                    ARE MINING THESE MINES ARE GETTING PAID ABOUT A $1 A DAY.  THEY KIND

                    OF ROUND THEM UP AND GROUP THEM UP (INAUDIBLE) AND THAT'S WHAT

                    THEY'RE GETTING -- IT'S JUST REALLY SAD THAT WE AS A STATE THAT'S SUPPOSED TO

                    BE A PROGRESSIVE STATE, AND WE SAY WE'RE GOING TO LEAD ON THE CLCPA,

                    WE'RE GOING TO LEAD ON THESE GOALS, BUT WHEN WE TALK ABOUT THE

                    ENVIRONMENTAL IMPACT AND WITH WATER POLLUTION, WATER USE, AND THESE

                    HUMAN RIGHTS VIOLATIONS WE KNOW, THE CHILD LABOR AND SLAVE LABOR IN

                    CHINA WITH SOLAR EXTRACTION.  I JUST THINK IT'S NOT APPROPRIATE FOR US TO

                    TURN A BLIND EYE AND JUST SAY IT'S THE FEDERAL GOVERNMENT'S

                    RESPONSIBILITY.  THAT'S NOT A GOOD ENOUGH ANSWER FOR ME, IT SHOULDN'T BE

                    A GOOD ENOUGH ANSWER FOR ALL OF US.

                                 AND THE OTHER PART OF THIS ISSUE IS OUR ENERGY SECURITY.

                                         93



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    EIGHTY-SEVEN PERCENT OF THE RARE EARTH MATERIALS THAT ARE BEING MINED

                    ARE PROCESSED IN CHINA.  SO WE'RE GOING TO FULL ELECTRIFICATION, WE'RE

                    GETTING AWAY FROM NATURAL GAS AND BEING INDEPENDENT FROM THAT

                    PERSPECTIVE, WHICH WE HAVE AN ABUNDANCE OF NATURAL GAS, 60 PERCENT OF

                    THE PEOPLE HEAT THEIR HOMES WITH NATURAL GAS, WE'RE GOING TO GET AWAY

                    FROM THAT, BUT YET WE'RE GOING TO RELY ON CHINA FOR THESE RARE EARTH

                    MATERIALS WHICH COMES FOR BATTERIES AND WHICH WE'RE GOING TO DEAL

                    WITH OUR ELECTRIFICATION.  WE'RE GOING TO RELY ON CHINA WHILE THEY'RE

                    EMITTING 29 PERCENT OF THE TOTAL CARBON EMISSIONS?  WE'RE GOING TO BE

                    DEPENDENT UPON THEM FOR THE RARE EARTH MATERIALS?  THEY'RE GOING TO

                    CONTROL THE MARKET, THEY'RE GOING TO -- THEY WILL HAVE US AND HAVE A

                    MAJOR IMPACT ON OUR ELECTRIC ENERGY SECURITY, WHICH IS A NATIONAL

                    SECURITY ISSUE, LET ALONE A HUMAN RIGHTS ISSUE.

                                 AND MR. SPEAKER AND MY COLLEAGUES, THIS REALLY IS

                    ONE OF A BIGGER PACKAGE OF ISSUES THAT'S REALLY GOING TO SYSTEMATICALLY

                    CHANGE OUR ECONOMY, OUR ENERGY INFRASTRUCTURE AND THE RELIABILITY OF

                    OUR ENERGY GRID.  WE'RE PUTTING ALL OUR EGGS IN ONE BASKET GOING TO FULL

                    ELECTRIFICATION.  THE SCARIEST THING, THE SPONSOR MENTIONED THAT, YOU

                    KNOW, THESE UPFRONT COSTS BUT THERE'S SAVINGS AT THE BACK END.  WELL,

                    LET'S TALK ABOUT ONE OF THE MAJOR UPFRONT COSTS, THIS IS WELL DOCUMENTED.

                    BY 2030, IF YOU HEAT YOUR HOME WITH NATURAL GAS, YOU HAVE A NATURAL

                    GAS BOILER OR FURNACE, THAT NATURAL GAS BOILER OR FURNACE GOES, BASED ON

                    THE DRAFT SCOPING PLAN THAT'S BEING ADVANCED, YOU CANNOT REPLACE THAT

                    NATURAL GAS BOILER OR FURNACE WITH A NATURAL GAS -- YOU HAVE TO ELECTRIFY

                    YOUR HOME, MEANING YOU HAVE TO CHANGE THE WHOLE EXTERIOR, YOUR

                                         94



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    SHELL, INSTALLATION, OTHER COSTS.  IT'S BEEN ESTIMATED BY THREE GROUPS,

                    CONSUMER ENERGY ALLIANCE SAID IT'S GOING TO COST EACH HOMEOWNER

                    MORE THAN $35,000 TO CONVERT THEIR HOMES TO ELECTRIFY.  WITH

                    EVERYTHING IN THE APPLIANCES AND GEOTHERMAL HEAT PUMP, THAT'S

                    SIGNIFICANT COST.  HOW MANY OF OUR RESIDENTS CAN AFFORD THAT?  ARE WE

                    TALKING TO OUR CONSTITUENTS THAT THAT'S COMING, BUT YET, WE'RE LEADING IN

                    CLIMATE CHANGE WHEN IT'S NOT GOING TO MAKE A DIFFERENCE WHEN WE ONLY

                    CONTRIBUTE .5 PERCENT.  EVEN THE CLIMATE ACTION COUNCIL SAID IT'S GOING

                    TO COST $20- TO $50,000.  HOW CAN THE PUBLIC AFFORD THAT?  IT JUST SEEMS

                    LIKE AFFORDABILITY IS BEING SET TO THE SIDE ALL IN THE NAME OF CLEAN AND

                    RENEWABLE HERE IN EARTH WEEK, AND RELIABILITY AS WELL.

                                 WE TALK ABOUT RELIABILITY.  YOU KNOW, BASED ON THE

                    PLAN THAT'S BEEN OUT THERE, WE'RE TALKING ABOUT 15 TO 25 GIGAWATTS SHORT

                    OF THE ENERGY DEMANDS THAT WE NEED BY 2040.  WE NEED TO (INAUDIBLE)

                    RESOURCES.  THAT 15 TO 25 GIGAWATTS IS ENOUGH TO POWER EVERY HOME IN

                    NEW YORK STATE AND THE EQUIVALENT OF TEN NUCLEAR POWER PLANTS AND

                    TEN HYDROELECTRIC POWER PLANTS.  NYISO, WHICH IS RESPONSIBLE FOR

                    MANAGING OUR GRIDS, SAYS WE HAVE TEN PERCENT IN UNIDENTIFIED RESOURCES

                    NEED TO BE ADDRESSED TO MAKE UP FOR THAT SHORTAGE.

                                 AFFORDABILITY AND RELIABILITY ARE BEING PUT TO THE SIDE

                    ALL FOR THE NAME OF CLEAN ENERGY, RENEWABLE ENERGY BECAUSE WE'RE

                    GOING TO SAVE OUR ENVIRONMENT.  WELL LET ME REMIND YOU, IF WE'RE

                    CONTRIBUTING JUST .5 PERCENT OF THE TOTAL CARBON EMISSIONS, WE CAN GET

                    TO ZERO, BUT IF CHINA CONTINUES TO BUILD COAL PLANTS AND WE LET THEM DO

                    THAT, IF INDIA KEEPS DOING IT AND RUSSIA IS BUILDING $110 BILLION OIL

                                         95



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    PORT, THEY'RE NOT GOING TO HELP US.  WE'RE NOT GOING TO MAKE A

                    DIFFERENCE IN CLIMATE CHANGE AND WE'RE JUST GOING TO BE DISMANTLING

                    OUR ECONOMY, SENDING OUR BUSINESSES, OUR FARMERS, OUR FAMILIES

                    CONTINUING -- WHAT WE'RE GOING TO LEAD IN IS CONTINUING AN EXODUS

                    OUT-OF-STATE OF OUR PEOPLE, OUR FARMERS, OUR BUSINESSES AND

                    MANUFACTURERS.  WE'RE NOT GOING TO MAKE A DIFFERENCE IN CLIMATE

                    CHANGE WITH THIS.  I TELL YOU, YOU WATCH THE NUMBERS, BUT IT WILL IMPACT

                    OUR ECONOMY AND OUR JOBS WITHOUT A DOUBT.

                                 SO I WISH WE COULD LOOK AT AFFORDABILITY AND

                    RELIABILITY IN THIS DISCUSSION AND, UNFORTUNATELY, I JUST DON'T SEE THAT

                    HAPPENING AND THAT'S A SAD THING FOR NEW YORK STATE.  WITH THAT, MR.

                    SPEAKER, I'LL BE VOTING IN THE NEGATIVE AND I URGE MY COLLEAGUES TO DO

                    THE SAME.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

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

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MS. FAHY, WILL YOU

                    YIELD?

                                 MS. FAHY:  YES, HAPPY TO.

                                 MR. GOODELL:  THANK YOU, MS. FAHY.  AS YOU

                    KNOW, NEW YORK STATE CURRENTLY UTILIZES AND DISTRIBUTES ABOUT 52

                    TERAWATTS OF ELECTRICAL POWER A YEAR, AND IT HAS BEEN ESTIMATED THAT A

                    CONVERSION OF ALL OF OUR VEHICLES TO ELECTRIC WOULD TAKE AN ADDITIONAL

                    72 TERAWATTS, MORE THAN DOUBLE OUR CURRENT GENERATING CAPACITY, MORE

                    THAN DOUBLE OUR DISTRIBUTION CAPACITY.  DO YOU HAVE AN ESTIMATE OF

                                         96



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    HOW MANY ADDITIONAL TERAWATTS WOULD BE INVOLVED IN CONVERTING THE

                    STATE'S ELECTRICAL VEHICLE FLEET TO ELECTRICITY?

                                 MS. FAHY:  NO.  BUT REMEMBER THAT THE STATE FLEET IS

                    A TINY, TINY FRACTION OF THE NUMBER OF VEHICLES ON THE ROAD.  SO -- AND

                    AGAIN, THAT'S PART OF WHY WE -- WHY I THINK IT'S IMPORTANT THAT THE STATE

                    LEAD AS WE MOVE DOWN -- MOVE TOWARDS THIS EFFORT THAT BRINGS DOWN

                    THE COSTS OF VEHICLES IN GENERAL, IT BRINGS DOWN THE COST OF

                    INFRASTRUCTURE AND BRINGS DOWN -- MAKES THIS MORE READILY AVAILABLE.

                    AND THE TECHNOLOGY IS CHANGING SO RAPIDLY THAT I THINK IT WILL ASSIST THE

                    MORE WE FUEL THIS MARKET, NO PUN INTENDED.

                                 MR. GOODELL:  BUT AT THIS POINT WE DON'T HAVE AN

                    ESTIMATE OF THE NUMBER OF TERAWATTS THAT WOULD BE REQUIRED?

                                 MS. FAHY:  NO, NOT FOR STATE FLEETS.  I MEAN, THE

                    NUMBER -- ONE ESTIMATE I SAW FOR THE NUMBER OF STATE FLEETS IS ONLY

                    6,000 VEHICLES, SO IT'S A VERY FINITE NUMBER OF STATE VEHICLES WHICH IS

                    VERY DIFFERENT THAN THE --

                                 MR. GOODELL:  BUT THIS ALSO APPLIES TO VEHICLES

                    USED BY THE DEC, THE DEPARTMENT OF HEALTH, CERTAINLY OUR STATE DOT

                    AND ALL STATE VEHICLES, RIGHT?  IT'S NOT JUST STATE POLICE, IT'S ALL STATE

                    VEHICLES.

                                 MS. FAHY:  YES, AND I MEANT ALL STATE VEHICLES, YES.

                                 MR. GOODELL:  OKAY.  WITH REGARD TO THE COST,

                    WE'VE HAD A LOT OF QUOTES SAYING THAT AN ELECTRIC SCHOOL BUS, FOR

                    EXAMPLE, RUNS TWO TO THREE TIMES MORE EXPENSIVE THAN A DIESEL.  IS THAT

                    THE SAME TYPE OF COST COMPARISON THAT YOU WOULD ANTICIPATE FOR HEAVY

                                         97



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    USE VEHICLES LIKE DUMP TRUCKS, SNOW PLOWS OR SIMILAR VEHICLES IN THE

                    STATE?

                                 MS. FAHY:  I'M MORE FAMILIAR WITH THE PASSENGERS --

                    PASSENGER VEHICLES AND LIGHT TRUCKS, AND THOSE HAVE BECOME VERY

                    COMPARABLE.  THEY ARE STILL MORE EXPENSIVE IN GENERAL, BUT VERY

                    COMPARABLE.  I'M ALSO FAMILIAR WITH THE BUSES, AGAIN, BECAUSE OF WHAT

                    WE DID HERE LOCALLY WITH OUR CAPITAL DISTRICT TRANSPORTATION AUTHORITY,

                    SO A BUS I KNOW IS NOT THE EQUIVALENT OF A DUMP TRUCK, BUT THEY'RE --

                    ABOUT FIVE YEARS AGO IT WAS STILL ABOUT DOUBLE THE COST AND THAT HAS

                    COME DOWN RATHER DRAMATICALLY, AS WELL.  SO I -- THE SCHOOL BUSES, WE

                    THINK THOSE PRICES ARE GOING TO CONTINUE TO COME DOWN AND THAT'S WHY

                    WE ALSO, THOUGH, STRESS THE LIFE CYCLE COST.  THE INTENT IS -- OR THE --

                    WHAT WE'LL HELP HERE IS THE FACT THAT THERE ARE LOWER FUEL COSTS, LOWER

                    MAINTENANCE COSTS AND OVERALL, THE LIFE CYCLE SHOULD BE MORE

                    COMPARABLE ONCE YOU FACTOR IN THAT INITIAL UPFRONT COST.

                                 MR. GOODELL:  AND I APPRECIATE THE FOCUS ON LIFE

                    CYCLE COST.  DOES THIS BILL ALSO DO A LIFE CYCLE ENVIRONMENTAL ANALYSIS

                    AND DOES IT PROVIDE FOR AN EXCEPTION FROM ITS REQUIREMENT, ITS

                    MANDATES IF A LIFE CYCLE ENVIRONMENTAL ANALYSIS INDICATES THAT THE

                    ELECTRIC VEHICLE ACTUALLY RESULTS IN AN INCREASE IN GREENHOUSES GASES?

                                 SO JUST AS AN EXAMPLE, WE KNOW THAT IF WE CONVERT

                    MEDIUM OR HEAVY DUTY DOT SNOWPLOW THAT WE ARE GOING TO BE USING A

                    MASSIVE AMOUNT, CERTAINLY UNDER CURRENT TECHNOLOGY, OF LITHIUM AND

                    RARE EARTH.  WE KNOW THOSE HAVE A HUGE ENVIRONMENTAL IMPACT IN

                    TERMS OF THEIR MINING IN CHINA.  WE KNOW THEY'RE REFINED USING COAL

                                         98



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    POWER IN CHINA.  THEN WE LOCATE SUCH A DUMP TRUCK, FOR EXAMPLE, OR

                    SNOWPLOW, WE KNOW THE SOUTHERN TIER IN -- OF NEW YORK IS POWERED

                    BY COAL PLANTS OUT OF PENNSYLVANIA.  AND SO WE KNOW THAT THE DAILY AIR

                    EMISSIONS THAT ARE ATTRIBUTABLE TO THE POWER EXCEED THAT OF A NORMAL

                    HIGH EFFICIENCY DIESEL OR PARTICULARLY A COMPRESSED NATURAL GAS DIESEL.

                                 SO IF THAT ANALYSIS INDICATES WE HAVE A NET INCREASE IN

                    GREENHOUSE GASES BY SWITCHING TO COAL-POWERED SNOWPLOWS

                    THROUGHOUT WESTERN NEW YORK, DOES THIS BILL PROVIDE FOR AN

                    EXCEPTION?

                                 MS. FAHY:  THE BILL PROVIDES FOR AN EXCEPTION WITH

                    MEETING THE GOALS, BUT NOT DUE TO THE LIFE CYCLE ENVIRONMENTAL COST.

                    AND AGAIN, THE INTENT IS IN THE END, THE LIFE CYCLE COSTS WOULD BE LOWER.

                    I UNDERSTAND THE CONCERNS YOU ARE RAISING, BUT I DON'T THINK ONE WOULD

                    OUTWEIGH THE OTHER.  AND CERTAINLY THOSE ARE ISSUES THAT ARE RAPIDLY

                    BEING ADDRESSED, AND SOME OF THOSE WE'VE ALREADY MADE PROGRESS ON

                    AND WE KNOW NYSERDA, AS I MENTIONED EARLIER, IS VERY FOCUSED ON

                    ALTERNATIVES, AS IS THE -- AS IS THE GLOBAL MARKETPLACE IS VERY FOCUSED ON

                    ALTERNATIVES.  SO I THINK JUST AS WE'VE SEEN DRAMATIC CHANGE IN ELECTRIC

                    VEHICLES JUST IN THE LAST FEW YEARS, I EXPECT WE WILL CONTINUALLY SEE

                    CHANGE WITH HEAVY -- MEDIUM AND HEAVY DUTY TRUCKS, AS WELL.  SO --

                    BUT THERE ARE EXCEPTIONS TO MEETING THE GOALS OVERALL WHERE IT'S NOT

                    AVAILABLE, BUT NOT, AGAIN, BACK TO YOUR QUESTION, NOT THE ENVIRONMENTAL

                    ONES.

                                 MR. GOODELL:  OKAY.  AS YOU KNOW, A FEW WEEKS

                    AGO WE DEBATED A BILL THAT WOULD REQUIRE UTILITIES TO PROVIDE GENERATORS

                                         99



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    TO ALL EMERGENCY MANAGEMENT FACILITIES THROUGHOUT THE STATE IN THE

                    EVENT OF A POWER FAILURE.  OF COURSE, ALL THOSE GENERATORS WOULD BE

                    FOSSIL FUEL-OPERATED.  DOES THIS BILL CONTEMPLATE THAT ALL OF OUR DOT

                    FACILITIES AND STATE POLICE FACILITIES WOULD HAVE DIESEL OR OTHER FOSSIL

                    FUEL GENERATORS AS A BACKUP SO THAT IF WE DO HAVE A HURRICANE SANDY,

                    OUR ENTIRE TRANSPORTATION FLEET ISN'T DOWN FOR LACK OF RECHARGING

                    CAPABILITY.

                                 MS. FAHY:  NO, IT DOES NOT ADDRESS THIS AND IT REALLY

                    IS JUST ABOUT THE STATE FLEET ITSELF.  CERTAINLY, THOSE GENERATORS,

                    NOBODY'S -- THOSE GENERATORS MAY STILL BE AVAILABLE IN AN EMERGENCY

                    BUT, AGAIN, I THINK THAT AS WE ARE SEEING TECHNOLOGY CATCH UP I THINK

                    THAT WE WILL BE ADDRESSING THOSE MATTERS IN THE NEXT -- THESE ARE TEN TO

                    15 YEARS OF ADDRESSING THOSE, SO THIS IS -- THIS IS VERY FOCUSED ON JUST

                    THE STATE FLEET.

                                 MR. GOODELL:  NOW AS YOU KNOW, THE NEW YORK

                    STATE INDEPENDENT SERVICE -- INDEPENDENT SYSTEM OPERATORS, THE ISO

                    IS RESPONSIBLE FOR COORDINATING THE ACQUISITION AND DISTRIBUTION OF

                    ELECTRIC POWER THROUGHOUT NEW YORK STATE.

                                 MS. FAHY:  YES.

                                 MR. GOODELL:  IT'S AN INDEPENDENT ENTITY AND HAS

                    NO POLITICAL AFFILIATION OR ACTS AS FAR AS I CAN TELL, THEY'RE VERY TECHNICAL.

                    AND JUST LAST -- A YEAR AGO IN NOVEMBER, THEY ISSUED A REPORT AND WHAT

                    THEY SAID IS THAT THE 2020 RELIABILITY NETWORK ANALYSIS, RELIABILITY NEEDS

                    ASSESSMENT HAS IDENTIFIED VIOLATIONS OR POTENTIAL VIOLATIONS OF

                    RELIABILITY CRITERIA IN THE BASE CASE THROUGHOUT THE ENTIRE STUDY PERIOD

                                         100



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    FROM 2024 TO 2030 DUE TO DYNAMIC INSTABILITY, TRANSMISSION OVERLOADS

                    AND RESOURCE DEFICIENCIES.  AND TO TRANSLATE THAT INTO LAYMAN'S

                    LANGUAGE, WHAT THEY ARE BASICALLY SAYING IS THAT OUR EXISTING GENERATING

                    CAPACITY AND DISTRIBUTION CAPACITY IN NEW YORK STATE WITHOUT EVEN

                    CONSIDERING CONVERTING ADDITIONAL BUILDINGS OR CARS TO ELECTRIC IS

                    INSUFFICIENT TO MEET PROJECTED DEMANDS.  AND THEY PUT IT IN A VERY

                    TECHNICAL WAY, WHICH IS BASICALLY TRANSLATES INTO WE CANNOT ENSURE

                    SYSTEM RELIABILITY, PARTICULARLY ON LONG ISLAND, NEW YORK CITY, AND

                    DOWNSTATE.  AND THEY KNOW THAT WE'VE LOST TWO GIGABYTES BY SHUTTING

                    DOWN INDIAN POINT.  THE REPLACEMENT LINE FROM QUEBEC HAS BEEN HELD

                    UP IN LITIGATION, IT'S NOT ONLINE, AND THEY'RE PREDICTING ANOTHER 1.5

                    GIGAWATT LOSS ON PEAKER STATIONS THAT ENABLE NEW YORK CITY'S LIGHTS TO

                    STAY ON OR THE AIR CONDITIONING TO STAY ON IN HIGH DEMAND.  DOES THIS

                    BILL IN ANY WAY ADDRESS THE EXISTING PROJECTED SHORTFALL IN ELECTRICAL

                    GENERATION AND DISTRIBUTION FOR NEW YORK STATE?

                                 MS. FAHY:  THIS BILL IS VERY NARROWLY FOCUSED.  IT'S

                    FOCUSED ON THE STATE FLEET, AGAIN, WHICH IS THE ONE ESTIMATE I SAW WAS

                    6,000 VEHICLES.  IT MAY BE A LITTLE HIGHER AND MAY HAVE CHANGED SINCE

                    AN EARLY DRAFT CAME OUT, BUT THE ISO IS ALSO CONTINUALLY UPDATING THEIR

                    PROJECTIONS AS WELL, AND THIS IS NARROWLY FOCUSED.  WE THINK IT IS

                    ACHIEVABLE.  WE HAVE HAD A LOT OF SUPPORT FOR THIS AND, AGAIN, I THINK

                    THE MORE -- JUST AS WE HAVE SEEN THE DRAMATIC CHANGE IN THE ELECTRIC

                    VEHICLE MARKET, THE MORE WE ARE PURCHASING, THE MORE WE ARE

                    INCENTIVIZING THESE MARKETS, THE MORE THE PRIVATE SECTOR MARKET WILL

                    BENEFIT AS WELL.

                                         101



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 SO -- AND AGAIN, I THINK IF WE ARE GOING TO SET -- WE ALL

                    ADMIT WE HAVE AMBITIOUS CLIMATE GOALS, THE MORE WE USE THE STATE

                    RESOURCES TO HELP -- TO INCREASE OUR PURCHASES AND LEAD BY EXAMPLE

                    WITH ELECTRIC VEHICLES, THE MORE WE WILL MAKE IT MORE ACHIEVABLE FOR

                    OTHERS TO REACH THESE AND BRING DOWN THE COST.  SO I -- BUT AGAIN, THIS IS

                    VERY NARROWLY FOCUSED.  IT CERTAINLY -- AND THE ISO REPORT THAT YOU'RE

                    REFERRING TO AS I RECALL WAS TALKING ABOUT THE OVERALL RELIABILITY OF THE

                    SYSTEM.

                                 MR. GOODELL:  IT WAS INDEED, AND OBVIOUSLY IF

                    NEW YORK CITY IS EXPERIENCING BROWNOUTS, IT'S EITHER WE'RE GOING TO

                    HAVE TO HAVE EMERGENCY BACKUP GENERATORS FOR OUR STATE POLICE AND

                    THE DOT, OR THEY'RE NOT GOING TO BE ON THE ROAD UNTIL THE POWER IS

                    RESTORED.  AGAIN, THANK YOU SO MUCH FOR YOUR COMMENTS.

                                 ON THE BILL, SIR.

                                 MS. FAHY:  THANK YOU.

                                 ACTING SPEAKER AUBRY:  ON THE BILL.

                                 MR. GOODELL:  YOU KNOW, WHEN WE ADDRESS

                    ISSUES OF THE ENVIRONMENT IT'S EXTRAORDINARILY IMPORTANT THAT WE TAKE

                    THE BIG PICTURE VIEW.  AND THAT MEANS WE MUST, IF WE ARE REALLY SERIOUS

                    ABOUT THE ENVIRONMENT, LOOK AT THE LIFE CYCLE IMPACT OF OUR LAWS ON THE

                    ENVIRONMENT.  AND SO IF WE SAY, AND IT'S SO EASY TO DO, THAT LOOK, IT'S

                    THIS VEHICLE THAT HAS ZERO EMISSIONS, IT'S ELECTRIC, BUT WE'RE CHARGING

                    THAT VEHICLE USING A COAL-POWERED PLANT, WE'RE NOT REDUCING EMISSIONS,

                    WE'RE INCREASING EMISSIONS.  AND THE VAST MAJORITY OF POWER IN NEW

                    YORK STATE COMES FROM FOSSIL FUELS.  THE VAST MAJORITY OF ELECTRICAL

                                         102



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    POWER COMES FROM FOSSIL FUELS, AND FOR THE SOUTHER TIER, IT'S COAL.

                                 SO HERE WE'RE ASKING OUR TAXPAYERS TO PAY TWICE AS

                    MUCH FOR MEDIUM AND HEAVY DUTY TRUCKS SO THAT THEY CAN BE POWERED

                    BY COAL.  IT MAKES NO ENVIRONMENTAL SENSE, AND IT MAKES NO FINANCIAL

                    SENSE.  AND THEN WE GO ONE STEP FURTHER BECAUSE WE KNOW THE STATE

                    POLICE HAVE TO BE ON THE ROAD 24/7, WHICH MEANS THAT HALF THEIR FLEET

                    HAS TO BE DOWN AT ANY GIVEN TIME, OR ONE-THIRD OF THEIR FLEET HAS TO BE

                    DOWN AT ANY GIVEN TIME TO BE RECHARGED.  AND WE KNOW THAT WHEN

                    THERE'S A SNOWSTORM, THOSE PLOWS HAVE TO BE ON THE ROAD 24/7.  AND IF

                    IT TAKES EIGHT HOURS TO RECHARGE A HEAVY DUTY TRUCK, THAT MEANS WE ARE

                    BUYING ONE-THIRD MORE TRUCKS AT A COST THAT IS CURRENTLY TWICE AS MUCH

                    PER TRUCK, SO THAT WE CAN HAVE COAL-POWERED TRUCKS IN NEW YORK STATE.

                    AND FOR THIS, WE'RE CONGRATULATING OURSELVES FOR OUR ENVIRONMENTAL

                    LEADERSHIP?  IT MAKES NO FINANCIAL SENSE, IT MAKES NO ENVIRONMENTAL

                    SENSE.  AND WE'RE DOING THIS IN THE FACE OF A REPORT FROM OUR OWN

                    EXPERTS TELLING US THAT WE DO NOT HAVE SUFFICIENT GENERATING CAPACITY OR

                    DISTRIBUTION CAPACITY IN THE NEW YORK CITY AREA AND ON LONG ISLAND

                    STARTING NEXT YEAR.  SO WHILE ALL OF OUR EXPERTS ARE SAYING WE FACE THE

                    RISK OF BROWNOUTS AND BLACKOUTS IN NEW YORK CITY, WE ARE FULL STEAM

                    AHEAD, LET'S PLACE MORE DEMANDS ON AN OVERTAXED SYSTEM WITHOUT THE

                    BACKUP POWER THAT'S NEEDED TO MAKE THIS HAPPEN.

                                 SO WHAT ARE WE GOING TO DO?  WE'RE GOING TO BUY

                    MORE DIESEL-POWERED GENERATORS TO MAKE SURE OUR STATE POLICE ARE ON

                    THE ROAD BECAUSE WE CAN'T RELY ON THE GRID?  MY FRIENDS, LET'S STEP BACK.

                    LET'S FOCUS ON WHAT'S IMPORTANT.  WHAT'S REALLY IMPORTANT FOR NEW

                                         103



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    YORK IS TO MINIMIZE GREENHOUSE GASES AND TO REDUCE THE COST TO OUR

                    TAXPAYERS.  AND SO INSTEAD OF RELYING ON CHINA, WHY DON'T WE RELY ON

                    CUMMINS ENGINES AND THEIR DUEL-FUELED DIESELS THAT ARE

                    STATE-OF-THE-ART, THEY USE COMPRESSED NATURAL GAS THAT HAVE VIRTUALLY NO

                    EMISSIONS, DON'T RELY ON CHINA, DON'T RELY ON CHILD LABOR, DON'T RELY ON

                    AN UNRELIABLE GRID AND COST A FRACTION OF THE AMOUNT.  WE HAVE A

                    SOLUTION WHERE WE CAN HAVE LOWER EMISSIONS AND LOWER COSTS, AND THIS

                    TAKES US IN THE OPPOSITE DIRECTION.  FOR THAT REASON, I'LL RECOMMEND

                    AGAINST IT.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON SENATE PRINT 2838-C.  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

                    CONFERENCE IS GENERALLY OPPOSED, BUT THOSE WHO SUPPORT IT CAN VOTE

                    HERE ON THE FLOOR IN FAVOR OR CALL THE MINORITY LEADER'S OFFICE.  THANK

                    YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  THE MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF THIS

                                         104



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    PIECE OF LEGISLATION; HOWEVER, THERE MAY BE A FEW OF OUR COLLEAGUES

                    THAT WOULD LIKE TO BE AN EXCEPTION.  THEY SHOULD PLEASE FEEL FREE TO

                    CONTACT THE MAJORITY LEADER'S OFFICE SO THEIR VOTE MIGHT BE PROPERLY

                    RECORDED.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MRS.

                    PEOPLES-STOKES.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. EPSTEIN TO EXPLAIN HIS VOTE.

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

                    EXPLAIN MY VOTE.  I WANT TO APPLAUD THE SPONSOR HERE FOR TAKING A

                    SMART, REASONABLE APPROACH TO DEALING WITH MOVING OUR STATE-OWNED

                    FLEET TO RENEWABLE ENERGY.  IT IS CRITICAL THAT NEW YORK STATE LEAD BY

                    EXAMPLE, AND WE NEED TO ENSURE THAT WHEN WE ARE PURCHASING VEHICLES,

                    WE ENSURE THAT THOSE VEHICLES COME FROM RENEWABLE SOURCES.  WHY

                    DOES THAT MATTER?  BECAUSE IF WE'RE LEADING, WE HELP CREATE THE

                    INFRASTRUCTURE.  YESTERDAY WE HEARD REAL OPPOSITION TO CRYPTOCURRENCY

                    MINING BECAUSE WE WERE STIFLING INDUSTRY.  THE OPPORTUNITY TODAY IS TO

                    PUT OUR ENERGY SOURCES INTO RENEWABLE SPACES LIKE EV VEHICLES AND USE

                    OUR ENERGY OUTLETS TO ENSURE THERE'S MORE EV VEHICLES ACROSS THE STATE.

                                 THIS IS A SMART WAY FOR GOVERNMENT TO ACT.  IT IS AN

                    IMPORTANT WAY FOR GOVERNMENT TO ACT.  IT'S A FINE WAY TO ENSURE THAT WE

                    ARE LIVING UP TO OUR CLCPA VALUES.  AGAIN, I APPLAUD THE SPONSOR AND

                    I ENCOURAGE ALL OF MY COLLEAGUES TO VOTE IN THE AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MR. EPSTEIN IN THE

                    AFFIRMATIVE.

                                         105



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. GOODELL.

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

                    FOLLOWING COLLEAGUES IN SUPPORT OF THIS LEGISLATION:  MR. BROWN - MR.

                    KEITH BROWN, MS. GIGLIO, MR. MICHAEL LAWLER, MR. MIKULIN, MR.

                    SMITH, AND MS. WALSH.  AS YOU CAN SEE, WE'RE TRYING TO MAKE OUR LIFE A

                    LITTLE BIT MORE INTERESTING BY HAVING MULTIPLE PEOPLE WITH THE SAME LAST

                    NAME.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THEY SEND THEM TO

                    US, WE DON'T CHOOSE THEM.  SO NOTED.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 ACTING SPEAKER AUBRY:  PAGE 6, RULES REPORT

                    NO. 85, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A07429-A, RULES

                    REPORT NO. 85, ENGLEBRIGHT, GRIFFIN, BURDICK, THIELE, PAULIN, EPSTEIN,

                    BARNWELL, SIMON, FORREST, GOTTFRIED, STECK, L. ROSENTHAL, DICKENS,

                    JACKSON, DINOWITZ, OTIS, SILLITTI, GLICK, ZINERMAN, JACOBSON, COLTON,

                    STERN, NIOU, KELLES, GALLAGHER, FAHY, RAJKUMAR, ABINANTI, MAMDANI,

                    GONZÁLEZ-ROJAS, CYMBROWITZ, ANDERSON, LAVINE, REYES, BURGOS,

                    CARROLL, SEAWRIGHT, PHEFFER AMATO.  AN ACT TO AMEND THE

                    ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO ENACTING THE BIRDS

                    AND BEES PROTECTION ACT.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. ENGLEBRIGHT.

                                         106



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. ENGLEBRIGHT:  THANK YOU, MR. SPEAKER.

                    THIS BILL WILL ACT TO PROTECT POLLINATOR POPULATIONS OF OUR STATE.  THEY

                    HAVE UNDERGONE SIGNIFICANT AND DRASTIC DECLINE IN RECENT YEARS AND A

                    GOOD PORTION OF THE CAUSE OF THAT SEEMS TO BE THE USE OF CERTAIN

                    INSECTICIDES THAT ARE SOMETIMES GENERALLY RELATED TO A NEONIC -- OR

                    NEONICOTINOID CLASSIFICATION.  SO THIS BILL IS AN ATTEMPT TO ADDRESS THIS.

                    AS YOU MAY KNOW, POLLINATORS ARE CRITICAL TO THE REPRODUCTION OF PLANTS

                    AND AS THAT IS THE CASE, IT IS CRITICAL TO THE FARMING INDUSTRY AND THE

                    PRODUCTION OF FOOD.  IT'S ALSO CRITICAL FOR WILD POPULATIONS OF ANIMALS

                    AND PLANTS.  SO POLLINATORS ARE A HINGE OR A LINCHPIN REALLY IN THE

                    ECOLOGY OF OUR STATE AND IN THE ECONOMY OF OUR STATE.

                                 SO THIS BILL WILL ADDRESS THIS BY BANNING THE SALE OF

                    NEONICOTINOID COATED SEEDS FOR CORN AND SOYBEAN AND WHEAT, UNLESS

                    THERE ARE ACCEPTABLE ALTERNATIVES.  IT ALSO BANS NEONICOTINOIDS FOR

                    NON-AGRICULTURAL TURF AND ORNAMENTAL USES EXCEPT TO TREAT INVASIVE

                    SPECIES, AND DIRECTS THE STATE DEC IN CONJUNCTION WITH CORNELL

                    UNIVERSITY AND THE SUNY COLLEGE OF ENVIRONMENTAL SCIENCE AND

                    FORESTRY TO STUDY ALTERNATIVES AND GIVE US MORE INFORMATION BECAUSE

                    THIS IS SOMETHING THAT WE NEED GOING FORWARD AS THIS IS AN EVOLVING

                    POLICY AREA.

                                 ACTING SPEAKER CUSICK:  MR.  MANKTELOW.

                                 MR. MANKTELOW:  THANK YOU, MR. SPEAKER.

                    WOULD THE SPONSOR YIELD, PLEASE?

                                 ACTING SPEAKER CUSICK:  WOULD THE SPONSOR

                    YIELD?

                                         107



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. ENGLEBRIGHT:  I YIELD.

                                 ACTING SPEAKER CUSICK:  THE SPONSOR YIELDS.

                                 MR. MANKTELOW:  THANK YOU, CHAIR ENGLEBRIGHT

                    AND, AGAIN, THANK YOU FOR TAKING THE TIME TO ANSWER A COUPLE OF MY

                    QUESTIONS.

                                 AS I READ THROUGH THE BILL AND THE BILL TEXT, I SEE WE'RE

                    TAKING OUT CORN, SOYBEANS AND WHEAT SEED, THAT THOSE ARE THE THREE

                    PRIMARY SEEDS THAT I SAW FOR SEED TREATMENT.  DO YOU BY CHANCE KNOW

                    WHEN CORN SEED IS ORDERED?

                                 MR. ENGLEBRIGHT:  WHAT IS THE QUESTION, PLEASE?

                                 MR. MANKTELOW:  DO YOU BY CHANCE KNOW WHEN

                    CORN SEED IS ORDERED FOR A CROP YEAR?

                                 MR. ENGLEBRIGHT:  I DON'T KNOW, BUT I'LL BET YOU

                    DO BECAUSE YOU HAVE A MEANINGFUL BACKGROUND IN AGRICULTURE SO I

                    WOULD DEFER TO YOU IN THIS CASE.

                                 MR. MANKTELOW:  WELL, THANK YOU, I APPRECIATE

                    THE COMMENT AND I PROBABLY DO, SO... BUT THANK YOU.

                                 MY SECOND QUESTION, ARE YOU FAMILIAR WITH THE

                    EMERALD ASH BORER?

                                 MR. ENGLEBRIGHT:  WITH WHAT?

                                 MR. MANKTELOW:  WITH THE EMERALD ASH BORER?

                                 MR. ENGLEBRIGHT:  OH, YES.

                                 MR. MANKTELOW:  TAKING OUT ALL OF OUR ASH TREES

                    HERE IN NEW YORK STATE AND IN OTHER AREAS.  THIS IS ABSOLUTELY

                    DEVASTATING --

                                         108



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. ENGLEBRIGHT:  YES.

                                 MR. MANKTELOW:  -- OUR ASH TREE POPULATION.

                                 MR. ENGLEBRIGHT:  IT'S AN INVASIVE SPECIES, YES.

                                 MR. MANKTELOW:  OKAY.  BELIEF IT OR NOT, THOSE

                    ARE THE ONLY TWO QUESTIONS I HAVE FOR YOU, SO THANK YOU FOR TAKING THE

                    TIME TO ANSWER MY QUESTIONS.

                                 MR. ENGLEBRIGHT:  YOU'RE WELCOME.

                                 MR. MANKTELOW:  AND, MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER CUSICK:  ON THE BILL.

                                 MR. MANKTELOW:  AGAIN, I WANT TO THANK MR.

                    ENGLEBRIGHT FOR HIS ANSWERS AND I REALLY JUST WANT TO GO ON THE BILL THIS

                    AFTERNOON JUST TO EXPLAIN WHAT THIS BILL IS REALLY GOING TO DO.  THE BILL IS

                    CALLED THE BIRDS AND THE BEES PROTECTION ACT, AND TALKING ABOUT SEED

                    AND, AS I SAID, ON SECTION 1, LINE 7, IT OUTLINES WHAT THREE SEEDS -- OR

                    WHAT THREE DIFFERENT SEEDS, CORN, SOYBEAN, AND WHEAT SEEDS, THAT ARE

                    COATED OR TREATED WITH A PESTICIDE, WILL NOT BE ABLE TO DO THAT.  ON LINE

                    9, THOUGH, OF THE FOLLOWING FEW SENTENCES -- OR FEW LINES, IT SAYS THIS:

                    THAT THE GOVERNOR MAY, BY ISSUING AN EXECUTIVE ORDER, TEMPORARILY

                    SUSPEND THE PROVISIONS OF THIS PARAGRAPH WITH THE COMMISSIONER OF AG

                    AND MARKETS AND THE DEPARTMENT -- THAT THERE IS A LACK OF

                    COMMERCIALLY AVAILABLE SEED.  AND IN THIS IT SAYS SHE WILL MAKE THAT

                    DETERMINATION -- OR THE GOVERNOR, AT THIS POINT IT SAYS SHE.

                                 SO MY QUESTION IS HOW WILL THE GOVERNOR AND HER

                    STAFF MAKE THAT DETERMINATION?  ARE THEY GOING TO CONTACT ALL OF THE

                    SEED COMPANIES THROUGHOUT THE UNITED STATES?  ARE THEY GOING TO

                                         109



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    REACH OUT TO THE FARMERS TO FIND OUT WHEN THEY EXPECT TO GET THEIR SEED?

                    I JUST CANNOT FEASIBLY SEE HOW THIS WILL TAKE PLACE.  AND TO ANSWER MY

                    FIRST QUESTION THAT MR. ENGLEBRIGHT GAVE BACK TO ME, FOR NEXT YEAR'S

                    CROP, 2023, SIR, WE WILL PROBABLY -- THE SEED WILL BE ORDERED IN OCTOBER

                    OF THIS YEAR, THIS YEAR, PREPARING TO -- FOR SEED FOR THE FOLLOWING YEAR.

                                 ALSO, IN THAT SAME PARAGRAPH ON PAGE 2, LINE --

                    SECTION 2, PAGE 2, LINE NUMBER 1, IT SAYS THAT WE -- WOULD ALSO RESULT IN

                    A FINANCIAL HARDSHIP TO AGRICULTURAL PRODUCERS.  I LOOKED THIS BILL OVER

                    AND OVER, I LOOKED FOR ANSWERS OF WHAT IS A FINANCIAL HARDSHIP.  HOW

                    DO THEY DEFINE A FINANCIAL HARDSHIP?  IS IT A LOCATION, IS IT HOW MUCH

                    MONEY I HAVE IN MY BANK VERSUS THE FARMER DOWN THE ROAD?  IS IT WHAT

                    KIND OF SEED I GROW, BECAUSE I ALWAYS GREW PIONEER SEED WHICH I

                    ALWAYS THOUGHT WAS THE BEST, BUT OTHER PEOPLE GREW DEKALB SEED,

                    OFF-BRAND SEED, ASGROW; THANK YOU, SIR.  WHO IS GOING TO MAKE THAT

                    DETERMINATION THAT IT IS A FINANCIAL HARDSHIP FOR ME AND MY FARM?  I

                    CAN'T FIND THAT ANSWER.  I DON'T KNOW HOW YOU COULD FEASIBLY DO IT.

                                 ON THE SAME PAGE IT ALSO SAYS THE PROVISIONS OF THIS

                    PARAGRAPH SHALL NOT APPLY WHERE THE COMMISSIONER IN CONSULTATION

                    WITH THE DEPARTMENT OF AG AND MARKETS BY WRITTEN ORDER WOULD

                    DETERMINE THAT AN ENVIRONMENTAL EMERGENCY EXISTS.  I BELIEVE THIS WILL

                    BE DONE BY DEC.  IT SAYS THE COMMISSION, SO I'M ASSUMING IT'S DEC,

                    THE COMMISSIONER.  SO WHAT IS AN ENVIRONMENTAL EMERGENCY?  IS MY

                    GROUND TOO WET?  IS THE SNOW STAYING TOO LONG?  IS THE AIR BEING

                    COMPRESSED INTO PLANTING SEASON OF 30 DAYS INSTEAD OF 45 DAYS?  IS THE

                    EMERGENCY THAT WE'RE NOT ABLE TO GET THE SEED TO NEW YORK STATE?  IS

                                         110



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THE EMERGENCY THE COST IS TOO HIGH?  WHAT IS THAT EMERGENCY?  AND,

                    OH, BY THE WAY, IN THE PLANTING SEASON, HOW ON EARTH -- AS SOMEONE

                    SAID EARLIER TODAY, WE'RE GOING TO PUT MORE PRESSURE ON DEC TO MAKE A

                    DETERMINATION OF AN EMERGENCY.  WHAT STAFF IS GOING TO DO THAT, WHO'S

                    GOING TO DIRECT THEM TO DO THAT, AND HOW DO THEY GET THE KNOWLEDGE OF

                    WHERE THAT EMERGENCY IS?  I REALLY DON'T KNOW.

                                 AND ONE LAST THING, AS WE TALKED ABOUT FURTHER DOWN

                    ON PAGE 2, SECTION C, LINE 23, IT ALSO TALKS ABOUT THE ENVIRONMENTAL

                    EMERGENCY AGAIN.  AND IN THAT LINE AND THE FEW LINES FOLLOWING, THEY

                    CAN MAKE A DETERMINATION AT ANY POINT THAT THERE IS AN EXOTIC OR

                    FOREIGN PEST.  SO I'LL GIVE AN EXAMPLE.  A FEW YEARS AGO WE HAD AN

                    INFESTATION OF ARMY WORMS.  THEY MOVED INTO THE AREA, WE HAD

                    PROBABLY TWO DAYS TO MAKE SURE WE PUT AN INSECTICIDE ON OUR WHEAT

                    CROP, OTHERWISE THE WHEAT CROP WOULD HAVE BEEN GONE.

                                 SO AGAIN, WE'RE GOING TO PUT MORE PRESSURE ON DEC TO

                    MAKE A JUDGMENT CALL IN REGARDS TO ENVIRONMENTAL EMERGENCIES.  HOW,

                    AGAIN, ARE THEY GOING TO DO THIS?  WHO'S GOING TO CALL THEM AND SAY,

                    HEY, YOU'VE GOT TO COME OUT TO MR. MANKTELOW'S FIELD IN WAYNE

                    COUNTY TO TELL ME, THAT THOSE ARMY WORMS COMING ACROSS THE ROAD THAT

                    YOU CAN ACTUALLY WALK ON AND NOT TOUCH THE ROAD BECAUSE THERE WAS SO

                    MANY, OH, THAT'S AN EMERGENCY.  THEN I'M GOING TO HAVE TO WAIT ONE OR

                    TWO DAYS TO GET THAT CLARIFICATION.  THAT'S WHAT THIS BILL IS GOING TO DO,

                    IT'S GOING TO TAKE RISK MANAGEMENT TOOLS THAT WE USE AS FARMERS, SAFE

                    TOOLS, AND TAKE THEM AWAY.

                                 AS I TALKED ABOUT REDUCING RISK, RISK MANAGEMENT THAT

                                         111



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    FARMERS DO, BACK IN THE '80S WHEN I FIRST STARTED FARMING, A UNIT OF SEED

                    CORN COST ABOUT $65.  WE WOULD PLANT ABOUT 2.85 ACRES TO A TUNE OF

                    ABOUT $22.08 AN ACRE.  TODAY, SEED COSTS ON AVERAGE, $280 A UNIT.

                    THERE'S 80,000 SEEDS IN THAT UNIT, THAT'S 80,000 POSSIBLE PLANTS.  TODAY,

                    THAT PLANTS 2.29 ACRES AT A COST OF $122 PER ACRE, AGAIN, JUST FOR THE

                    SEED.  AND THERE'S A REASON WHY WE USE THE TOOLS OF SEED TREATMENT.

                    AGAIN, IT'S A RISK MANAGEMENT TOOL FOR US AS AG PRODUCERS.  AND, BY THE

                    WAY, WE DON'T WANT TO SPEND ANY MORE MONEY THAN WE HAVE TO BECAUSE

                    WE'RE FRUGAL AND WE WANT THAT MONEY IN OUR POCKET.  SO IF WE TRULY DO

                    NOT NEED THE SEED TREATMENT, WE'RE NOT GOING TO USE IT.  IF OUR HANDLER

                    SAYS, NOPE, WE DON'T NEED IT, OR OUR HANDLER SAYS, NOPE, WE CAN GO

                    WITHOUT IT THERE, WE'RE NOT GOING TO USE THAT SEED TREATMENT.

                                 SO AS I WAS SAYING, THE FIRST THING THAT THE SEED

                    TREATMENT DOES, AND I'LL GIVE THE EXAMPLE OF CORN, IT STOPS SEED CORN

                    MAGGOT.  AND WHAT SEED CORN MAGGOT DOES IS WHEN YOU PUT THAT SEED

                    IN THE GROUND, DEPENDING ON THE TEMPERATURE OF THE SOIL, IT'S GOING TO

                    TAKE MAYBE THREE DAYS TO COME UP, FIVE DAYS - NOW YOU'RE GETTING A

                    LITTLE NERVOUS BECAUSE YOU DON'T SEE ANYTHING POKING THROUGH THE

                    GROUND -  SEVEN DAYS, NOW WE'RE AT TEN DAYS, NOW WE'RE AT 14 DAYS.

                    OH, AND BY THE WAY, THE SEED DIDN'T COME UP BECAUSE THE LITTLE SEED

                    MAGGOT SCREWED HIMSELF INTO THAT SEED AND TOOK OUT THE HEART OF THAT

                    SEED SO YOU JUST LOST THAT PLANT.  SO IF YOU TELL ME AT THAT POINT WITHOUT

                    A TREATMENT ON THAT SEED HOW AM I GOING TO BE ABLE TO RESCUE THAT CROP,

                    TAKE OUT 30 PERCENT OF THESE CHAIRS IN THIS ROOM AND THAT'S -- THAT'S WHAT

                    CAN HAPPEN.  IF ALL OF A SUDDEN WE DIDN'T TAKE CARE OF ALL THESE CHAIRS,

                                         112



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ALL OF A SUDDEN IN FIVE DAYS 30 PERCENT OF THESE CHAIRS ARE GONE, WHAT

                    ARE YOU GOING TO DO?  GO BUY NEW ONES.  THAT'S WHAT NEW YORK IS

                    ABOUT.  WIREWORM COMES IN, TOO, WHICH SEED TREATMENT TAKES CARE OF.

                    BUT THAT'S OVER -- AN OVER-THE-TOP SPRAY AFTER THE PLANT IS UP.  THERE ARE

                    INSECTICIDES OUT THERE THAT WILL TAKE CARE OF THEM, MORE COSTLY AND

                    MORE DANGEROUS AND, AGAIN, SPENDING MONEY, PUTTING MORE THINGS IN

                    THE ENVIRONMENT THAT WE DON'T WANT TO DO.

                                 SO I SPOKE TO SOME OF THE INDUSTRY LEADERS, JOHN

                    DEERE, AND A LOT OF US HAVE VACUUM PLANTERS.  A VACUUM PLANTER SUCKS

                    THE SEED WITH A VACUUM PLATE.  SO YOU HAVE A BIG VACUUM THAT CREATES

                    VACUUM, THE PLATE TURNS IN THE SEED BOX, AS IT TURNS BY IT SUCKS UP A

                    SEED INTO THE PLATE AND DROPS IT INTO THE GROUND.  AFTER IT GETS TO A

                    CERTAIN POINT, THE SUCTION IS DROPPED, THE SEED FALLS DOWN.  WE KNEW

                    ABOUT THE DISCHARGES, WE KNEW ABOUT THE BLOWERS AND THE FANS THAT

                    ACTUALLY CREATE THE SUCTION, BUT TODAY, THERE ARE THINGS THAT THE INDUSTRY

                    IS DOING.  THEY'RE PUTTING A FILTER ON THE BACKSIDE OF THAT FAN THAT

                    CREATES THE SUCTION SO ANY DISCHARGE IS ACTUALLY BEING CAUGHT IN THAT

                    FILTER, AND ALSO SO IT'S NOT GOING OUT INTO THE ENVIRONMENT.  ALSO, IT'S

                    PUTTING -- PUTTING THE SEED TO THE GROUND WITH DIFFERENT TYPES OF

                    COATINGS.  WE USE TALC IN THE AIR -- AIR COMBERS, WE ALSO USE, OH,

                    GRAPHITE IN THE FINGER PICKUPS, A DIFFERENT WAY, AND I'M JUST WATCHING

                    MY TIME BECAUSE I KNOW I'M GOING TO RUN OUT OF TIME.

                                 SO IN REALITY THE INDUSTRY IS DOING THE RIGHT THING AND

                    WE'RE DOING THE RIGHT THING, THINGS ARE MOVING FORWARD, WE REALLY DO

                    NOT HAVE TO TAKE THIS STEP TODAY.  AND I'LL GIVE THE OTHER EXAMPLE.  I

                                         113



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    GROW A LOT OF SOYBEANS.  ALL OF MY SOYBEANS ARE TREATED, EVERY SEED,

                    ABSOLUTELY, BECAUSE IN NEW YORK STATE OUR CONDITIONS LIKE THIS YEAR,

                    OUR GROUND TEMPERATURE IS SO COLD, WE HAVE X AMOUNT OF DAYS TO PLANT

                    THAT SEED, AND IF THE SEED DOESN'T COME UP BECAUSE OUR SEASONS ARE SO

                    SHORT IN NEW YORK, WE DON'T HAVE TIME TO REPLANT.  SO WE USE THIS,

                    AGAIN, AS A RISK MANAGEMENT TOOL SO WE DON'T HAVE TO SPEND TONS OF

                    MONEY ON INSURANCE COMPANIES, AND WE ALL KNOW HOW INSURANCE

                    COMPANIES WORK; SOMETIMES THEY'RE GOOD, SOMETIMES THEY'RE NOT.

                                 SO WE'RE PUTTING THAT PRODUCT IN THE GROUND AND IN MY

                    SOYBEAN FIELDS, THE BEEKEEPERS, THEY BRING THEIR HIVES TO OUR FARMS AND

                    PUT THOSE HIVES AROUND OUR FIELDS.  THOSE BEES GO OUT AND GET THE

                    NECTAR OUT OF THE SOYBEAN PLANT THAT'S -- THAT'S IN BLOSSOM.  I HAVE NEVER

                    HAD A PROBLEM ONE TIME WITH BEES DYING.  I DON'T REALLY UNDERSTAND

                    WHAT -- WHAT THE ISSUE SEEMS TO BE.  MY ONE CONCERN IS, THOUGH, IF WE

                    DON'T -- IF WE DON'T USE THE SEED TREATERS ON SOYBEANS, WHICH ALLOWS US

                    TO MAYBE NOT HAVE TO DO ANOTHER SPRAY OF INSECTICIDE BECAUSE THE -- THE

                    PRODUCT'S IN THE PLANT AND IT KILLS SPIDER MITES AND APHIDS, IT SAVES,

                    AGAIN, ANOTHER TRIP ACROSS THE FIELD, NO CARBON-BASED FUEL IN OUR -- IN

                    OUR TRACTOR, NO CHEMICALS GOING ONTO THE GROUND, NOTHING GOING INTO

                    THE WATER STREAM, NOTHING KILLING THE GOOD INSECTS THAT ARE ON THE PLANT.

                    YES, THERE ARE GOOD INSECTS THAT ARE ON THOSE PLANTS.

                                 SO REALLY, WHAT -- WHAT ARE WE LOOKING AT?  WHAT ARE

                    WE DOING HERE?  LET US AS PROFESSIONALS, PROFESSIONAL FARMERS,

                    PROFESSIONAL AG PRODUCERS, WE'RE DOING THE RIGHT THING.  THE INDUSTRY IS

                    MOVING IN THE RIGHT DIRECTION.  SO LET'S REALLY THINK ABOUT WHAT WE'RE

                                         114



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DOING HERE BECAUSE, YES, JUST BECAUSE WE THINK IT'S GOOD DOESN'T MEAN

                    IT'S ALWAYS THE BEST THING TO DO.  LET'S TRUST THE PROFESSIONALS.

                                 SO I SEE I'VE GOT TWO MINUTES LEFT.  SO REALLY, WHAT IS

                    THE END GAME?  WE HAVE THE NEONICOTINOID -- NEONICOTINOIDS.  WE

                    ACTUALLY HAVE A GREAT PRODUCT HERE THAT IS BEING USED IN A PROPER WAY

                    THAT, YES, STOPS A LOT OF BAD INSECTS AND -- BUT DOESN'T HARM THE BIRDS,

                    DOESN'T HARM THE BEES.  OH AND BY THE WAY, MR. SPONSOR, WHY I ASKED

                    THE QUESTION ABOUT THE EMERALD ASH BORER, THERE ARE ABOUT FOUR

                    CHEMICALS THAT WE CAN USE; TWO OF THOSE THAT ARE REALLY EFFECTIVE IN

                    SAVING THE ASH TREES ARE NEONICOTINOIDS.  I WOULD TELL YOU THE TWO, BUT I

                    HAVE A HARD TIME SAYING THE TWO WORDS, SO I'D BE HAPPY TO SHARE THEM

                    IF YOU'D LIKE.

                                 THE INDUSTRY IS DOING THE RIGHT THING BY MOVING

                    FORWARD.  LET US AS PROFESSIONALS, AS AG PRODUCERS, AS FARMERS, AS THE

                    INDUSTRY, AS THE SEED PEOPLE, LET US DO THE RIGHT THING AND DO THIS

                    WITHOUT HAVING LEGISLATION.  ALLOW US TO DO THAT SO WE CAN CONTINUE TO

                    PRODUCE A SAFE FOOD SOURCE HERE IN NEW YORK THAT IS SAFE FOR ALL OF OUR

                    RESIDENTS THAT DOES NOT COME OUT OF -- ON THE OUTSIDE.  AND THE LAST

                    THING I REALLY WANT TO SHARE HERE IS THERE ARE A LOT OF NEW CHEMICALS OUT

                    THERE THAT ARE BEING BROUGHT FORWARD.  IT TAKES TEN TO 20 YEARS, TWO

                    DECADES ON SOME OF THESE CHEMICALS TO COME TO FRUITION.  AND THEN, BY

                    THE WAY, BECAUSE WE LIVE IN NEW YORK WHERE WE ARE LIKE THE -- THE TOP

                    OF THE LINE LOOKING AND SCRUTINIZING EVERY CHEMICAL, IT MAY TAKE

                    ANOTHER TEN YEARS TO GET IT HERE IN NEW YORK, A SAFER PRODUCT THAT WILL

                    BE SAFER FOR THE ENVIRONMENT, SAFER FOR THE HANDLER, SAFER FOR THE FOOD

                                         115



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    PRODUCT, BUT BECAUSE IT TAKES ANOTHER TEN YEARS OF ADDED COST, A LOT OF

                    THOSE NEW CHEMICALS AREN'T COMING TO NEW YORK.

                                 SO JUST TO FINALIZE ALL OF THIS, DID YOU KNOW -- DID YOU

                    KNOW THAT BIRDS ACTUALLY EAT THE BEES?  THAT'S ONE OF THE SOURCES OF THE

                    BEES DISAPPEARING.  ALSO -- (BUZZER GOING OFF)

                                 MAY I HAVE MY OTHER 15 MINUTES, IS THAT POSSIBLE?

                    MR. SPEAKER, IS THAT POSSIBLE?  I ONLY NEED ONE MINUTE.

                                 ACTING SPEAKER CUSICK:  MR. MANKTELOW?

                                 MR. MANKTELOW:  YES, MR. SPEAKER?

                                 ACTING SPEAKER CUSICK:  ARE YOU REQUESTING?

                                 MR. MANKTELOW:  YES.  MAY I -- MR. SPEAKER,

                    MAY I HAVE MY ADDITIONAL 15?  I DON'T NEED THAT LONG --

                                 ACTING SPEAKER CUSICK:  PROCEED, MR.

                    MANKTELOW.

                                 MR. MANKTELOW:  THANK YOU, MR. SPEAKER.  AS I

                    WAS SAYING, I WAS LOOKING UP ALL OF THE THINGS THAT ACTUALLY TAKE BEES

                    OUT AND AS THE -- AS THE BILL SAYS, IT'S THE BIRDS AND THE BEES ACT, THAT'S

                    WHEN I SAW THAT BIRDS ACTUALLY EAT BEES.  BUT THAT'S NOT THE ONLY THING

                    THAT TAKES BEES OUT.  WE TALKED EARLIER, URBAN SPRAWL, ALL OF OUR URBAN

                    AREAS THAT ARE SPRAWLING OUT INTO OUR RURAL AREAS, WE TALKED ABOUT IT

                    EARLIER ON THIS FLOOR, THAT SPRAWL THAT WE TALKED ABOUT ON LONG ISLAND

                    EARLIER IS ACTUALLY TAKING OUT MORE OF THE PROPERTY THAT IS REALLY

                    BENEFICIAL TO THE BEES, ALLOWING THEM TO DO THEIR JOB.  ANOTHER ONE THAT

                    CAME OUT, AIR POLLUTION.  AIR POLLUTION ACTUALLY TAKES OUT BEES.  AND

                    YESTERDAY ON THE FLOOR, WE LOOKED AT BILL NO. 7389, IT WAS A

                                         116



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    MORATORIUM ON CARBON-BASED FUEL.  WITH THAT BILL AND IF IT PASSES -

                    WELL, IT PASSED HERE -  IF THE GOVERNOR SIGNS THAT INTO LAW, NOW WE'RE

                    GOING TO TAKE AN INDUSTRY HERE IN NEW YORK THAT IS HIGHLY REGULATED

                    ABOVE ANY OTHER STATE, MAYBE CALIFORNIA WOULD BE CLOSE, OF ANY OTHER

                    STATE OUT THERE IN THE CONTINENTAL UNITED STATES AND WE'RE GOING TO

                    ALLOW IT TO MOVE THAT INDUSTRY OUT OF STATE AND IF IT MOVES WEST, THE

                    WESTERN SIDE OF PENNSYLVANIA, OHIO, MICHIGAN, THEY STILL HAVE

                    CARBON-BASED FUEL PLANTS.  SO THOSE POLLUTIONS OUT OF THOSE PLANTS ARE

                    GOING TO GO PREDOMINANTLY WITH THE TRADES -- THE WINDS, AND THEY'RE

                    GOING TO COME WEST.  SO AGAIN, WE'RE ADDING MORE STRESS TO THE BEES

                    THAT WE'RE ACTUALLY TRYING TO SAVE, AND THAT'S A GREAT EXAMPLE YESTERDAY

                    OF SOMETIMES A GOOD BILL MAY BE GOOD IN ONE WAY BUT REALLY IS

                    DETRIMENTAL IN ANOTHER WAY.

                                 THE OTHER STRESS FACTOR FOR OUR BEES, THE CHANGING

                    WEATHER PATTERNS.  WE ALL KNOW IT, WE ALL SEE IT, IT'S BLAMED ON THE

                    CLIMATE.  YEAH, IT COULD BE, MAYBE NOT, I DON'T KNOW.  I'M SURE IT'S PART

                    OF IT.  MORE VEHICLES ON THE ROAD, HOW MANY BEES ARE KILLED BY A

                    MOVING VEHICLE?  I HAVE NO IDEA, BUT WE KNOW THEY ARE BECAUSE I CLEAN

                    THEM OFF MY WINDOW.  HOW ABOUT THE WINDMILLS?  WE TALK ABOUT

                    SAVING BIRDS WHEN THEY HIT THE WINDMILL PROPS, THAT THAT REALLY DOES

                    HAPPEN, SO I'M SURE THEY MAY TAKE OUT -- TAKE OUT THE BEES AS WELL.  BUT

                    WHAT THIS DOES, IT REALLY ALL ADDS UP.

                                 ON THIS FLOOR, LET'S TAKE MAKE SURE WE DON'T STRANGLE

                    OUR AGRICULTURAL COMMUNITY.  OUR PRODUCERS THAT DO EVERYTHING IN THEIR

                    POWER TO DO THE RIGHT THINGS, TO USE THE -- USE THE LEAST AMOUNT OF

                                         117



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    CHEMICALS, TO USE THE LEAST AMOUNT OF FERTILIZERS.  WE HAVE GPS, WE

                    HAVE THE TECHNOLOGY TO MAKE SURE WE DON'T OVERLAP OR UNDERLAP,

                    MAKING SURE EVERYTHING IS DONE WITHIN TWO INCHES; YES, WITHIN TWO

                    INCHES.  WE MUST TRUST THE INDUSTRIES HERE IN THE UNITED STATES,

                    WHETHER IT'S THE CHEMICAL PRODUCERS, THE EQUIPMENT PRODUCERS, OR WE

                    AS FARMERS AND OUR FAMILIES THAT DO THE RIGHT THING.  WE, OF ALL PEOPLE,

                    WANT TO BE STEWARDS OF OUR PROPERTIES, OF OUR LAND AND, MOST OF ALL, THE

                    BEES THAT WE'RE TALKING ABOUT, WE DON'T WANT TO SEE A SINGLE BEE KILLED

                    BECAUSE THEY HELP ME PRODUCE MORE SOYBEAN SEEDS.  NOT SO MUCH WITH

                    THE CORN BECAUSE THEY'RE NOT IN THE CORNFIELDS, NOT SO MUCH WITH THE

                    WHEAT BECAUSE THEY'RE NOT THERE AS WELL.

                                 SO LET US CONTINUE TO MOVE FORWARD IN THE RIGHT

                    DIRECTION.  LET'S NOT STOP SOMETHING THAT'S WORKING.  AND IT'S WORKING

                    IN THE PROPER WAY BECAUSE PEOPLE DO THE RIGHT THING.  LET'S NOT BLAME

                    THE CHEMICAL FOR SOMETHING THAT WE CAN CONTROL AND MAKE SURE IT'S

                    DONE IN A PROPER WAY.  WE'RE MOVING FORWARD IN THAT DIRECTION MUCH

                    FASTER THAN EVER BEFORE BECAUSE WITH TODAY'S WORLD, WE KNOW SO MUCH

                    SOONER THE TECHNOLOGY.  SO MR. SPEAKER, MR. CHAIR OF THE COMMITTEE

                    AND THE SPONSOR, PLEASE, LET'S TAKE A STEP BACK AND SLOW THIS PROCESS

                    DOWN.  LET US DEVELOP ALTERNATIVES, LET US CHECK AND LOOK AT THE

                    PROCESS HERE IN NEW YORK SO WE CAN GET SAFER CHEMICALS HERE MUCH

                    SOONER LIKE THE STATES AROUND US.  LET OUR PRODUCERS DO THE VERY BEST

                    THEY CAN THAT WE HAVE A SECURE, SAFE FOOD SOURCE NOT ONLY FOR THE

                    UNITED STATES, BUT HERE IN NEW YORK, ESPECIALLY IN NEW YORK CITY

                    WHERE WE HAVE SO MANY PEOPLE.  WE'VE SEEN THIS IN COVID, WE CAN

                                         118



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DO IT, LET US DO IT, LET'S TAKE A STEP BACK AND SLOW THIS DOWN.  THANK

                    YOU, MR. SPEAKER.

                                 ACTING SPEAKER CUSICK:  THANK YOU.

                                 MR. MILLER.

                                 MR. MILLER:  THANK YOU, MR. SPEAKER.

                                 ON THE BILL.

                                 ACTING SPEAKER CUSICK:  ON THE BILL.

                                 MR. MILLER:  I'M WAS GOING TO START MY DEBATE WITH

                    A SERIES OF QUESTIONS, BUT MY COLLEAGUE HAS ANSWERED EVERY ONE OF

                    THEM EXTREMELY WELL, AND I'M GOING TO READ THEM AGAIN.  THIS BILL IS AN

                    IMPORTANT TOOL TO SEED COATINGS FOR CORN, SOY, AND WHEAT THAT FARMERS

                    RELY ON TO ENABLE SOIL HEALTH PRACTICES.  ONE QUESTION I HAD, HOW WILL

                    THIS BILL IMPACT THE NEW YORK FARMER'S ABILITY TO PLANT AFTER A COVER

                    CROP?  THE ANSWER WAS GIVEN.  HOW WILL THIS BILL IMPACT THE NEW YORK

                    FARMER'S ABILITY TO CONTINUE THEIR NO TILLING SYSTEM?  THE ANSWER WAS

                    GIVEN.  HOW WILL THIS BILL IMPACT THE NEW YORK FARMER'S ABILITY TO

                    UTILIZE COMPOST AND ANIMAL MANURE TO SUPPLEMENT THEIR SOIL INPUTS?

                    OR, SHOULD NEW YORK FARMERS JUST PURCHASE SYNTHETIC FERTILIZER AT

                    TODAY'S COST?  I BELIEVE THE ANSWER WAS GIVEN.  HOW WILL THIS BILL

                    IMPACT THE NEW YORK FARMER'S ABILITY TO PLANT IN EARLY SPRING IN ORDER

                    TO MAXIMIZE MEALS IN THE SHORT NORTHEAST U.S. GROWING SEASON?  THE

                    ANSWER WAS GIVEN.

                                 THIS LEGISLATION DOES NOT ADEQUATELY ADDRESS THE

                    CONCERNS OF CORN AND SOYBEAN FARMERS IN NEW YORK STATE.  MORE

                    IMPORTANTLY, THE CHANGES CREATE AN UNREALISTIC PROCESS WHICH ALLOWS

                                         119



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    POLICY TO BE CHANGED BY -- BY EXECUTIVE ORDER IN THE CASE THAT THERE

                    ARE SEED SHORTAGES OR HEAVY BURDENS ON AGRICULTURAL PRODUCTS.  BILL

                    A7429 DOES NOT ALLOW FOR -- FOR A PROVISION BY THE GOVERNOR OR

                    COMMISSIONER OF THE D -- OF THE DEC, SEGGOS; HOWEVER, THIS

                    PROVISION LACKS AN UNDERSTANDING OF THE PLANT PROCESS THAT FARMERS

                    UNDERGO TO PREPARE FOR THEIR SEASON.  ONCE ECONOMIC IMPACT IS

                    DETERMINED, IT IS TOO LATE AND THE FARMER'S BOTTOM LINE IS ALREADY GREATLY

                    AFFECTED.  ROUGHLY 75 PERCENT OF CORN AND SOYBEANS USED IN NEW YORK

                    ARE TREATED WITH NEONICS BECAUSE THEY ARE HIGHLY EFFECTIVE AND NO OTHER

                    VIABLE ALTERNATIVES HAVE BEEN PROVEN TO WORK AS WELL; IN FACT, RESEARCH

                    SHOWS THAT ALTERNATIVES ARE MORE COSTLY, LESS EFFECTIVE, AND POSE A

                    GREATER THREAT TO THE ENVIRONMENT AND HUMAN HEALTH.

                                 AND I KNOW WE'RE TALKING ABOUT THE BIRDS AND THE

                    BEES, BUT WE'RE ALL IN THIS -- WE'RE ALL IN THIS GAME TOGETHER.  FOR

                    EXAMPLE, A 2020 CORNELL STUDY SHOWED THAT NEONICS CONSISTENTLY

                    INCREASED THE NET INCOME, REDUCED CROP DAMAGE, OR PROVIDED SUPERIOR

                    PEST CONTROL COMPARED TO LIKELY SUBSTITUTES FOR NEW YORK FARMERS, AT A

                    COST OF 2 TO $4 PER ACRE.  AGAIN, THERE'S NO ALTERNATIVE OUT THERE AT THIS

                    TIME TO REPLACE THIS IMPORTANT PESTICIDE.  ANOTHER FACT HERE FROM THE

                    CORNELL REPORT, DUST DRIFT, AND THAT'S WHAT WE'RE TALKING ABOUT WITH SEED

                    COATINGS, CAN BE NEARLY ELIMINATED BY USING HIGH QUALITY SEED COATING

                    ADHESIVES, LUBRICATING AGENTS, PLANTERS, AS MY COLLEAGUE TALKED ABOUT,

                    AND PLANTING TECHNIQUES THAT -- THAT MINIMIZE ABRASION OF SEEDS AND

                    RELEASE OF CONTAMINATED DUST.  THERE'S A MECHANICAL WAY THAT THESE --

                    THIS ISSUE CAN BE TAKEN CARE OF, IT'S ALREADY BEING USED IN SOME PLACES

                                         120



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    OF THE U.S. AND IN CANADA.

                                 LAST SEPTEMBER, WE HAD A HEARING, AN ASSEMBLY

                    HEARING, ON NEONICS, AND THERE WAS A CERTIFIED CROP SPECIALIST THAT GAVE

                    TESTIMONY.  HE TOLD THE COMMITTEE HOW NEW YORK FARMERS ARE LEADING

                    THE WAY ON SOIL HEALTH PRACTICES, AND THIS INCLUDES THE USE OF NEONICS

                    AND THESE PRACTICES:  BY PLANTING -- PLANTING COVER CROPS, ADAPTING TO

                    NO-TILLING SYSTEMS, UTILIZING COMPOST AS SOIL AMENDMENT.  THESE SOIL

                    HEALTH PRACTICES HAVE SIGNIFICANT -- SIGNIFICANT ENVIRONMENTAL BENEFITS

                    INCLUDING SEQUESTERING CARBON, REDUCING GREENHOUSE GAS EMISSIONS,

                    STORING WATER, REDUCING SEDIMENT RUNOFF IN THE STREAMS AND LAKES, AND

                    HELPING MAKE LAND MORE RESILIENT TO CLIMATE CHANGE.  WE'VE BEEN

                    DEBATING THESE CLIMATE BILLS ALL WEEK AND WE'VE TALKED ABOUT THESE

                    THINGS.  WITH THIS TOOL THAT WE'RE ALLOWING OUR AGRICULTURAL COMMUNITY

                    TO USE TO GROW SOY AND CORN, WE CAN HELP WITH OUR ENVIRONMENTAL

                    SITUATIONS.

                                 MANY NEONIC-BASED PRODUCTS HAVE IMPORTANT

                    ADVANTAGES THAT ARE DIFFICULT TO QUANTITY WITH EXISTING DATA, SAFETY FOR

                    PESTICIDE APPLICATORS OR THE INSURANCE VALUE OF PREVENTATIVE PRODUCTS

                    THAT PROTECT AGAINST UNPREDICTABLE PESTS.  ONE OF THE NOT QUALIFIED

                    IMPORTANT ADVANTAGES THAT SEEDS NEED TO BE PART OF THE EXAMINATION

                    HERE IS THE ROLE ON NEONICOTINOIDS, AND PARTICULARLY NEONIC-BASED SEED

                    COATINGS TO PLAY AND DO PLAY NOT ONLY IN THE FARMER'S PEST MANAGEMENT

                    STRATEGY, BUT IN THEIR SOIL HEALTH MANAGEMENT PLANS.  FOLLOWING PEST

                    MANAGEMENT PRACTICES FOR SOIL HEALTH IS IMPORTANT FOR SEQUESTERING

                    CARBON AND REDUCING GREENHOUSE GAS EMISSIONS, STORING WATER, AND

                                         121



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    HELPING MAKE LAND MORE RESILIENT TO CLIMATE CHANGE AGAIN.

                                 I WAS AN APPLE GROWER FOR MANY YEARS.  WE USED

                    PESTICIDES TO PRODUCE A CROP.  ALONG WITH BEING AN APPLE GROWER, WE

                    NEEDED -- WE NEEDED POLLINATORS, SO I WAS A BEEKEEPER WHO KEPT

                    BETWEEN 50 TO 100 HIVES IN THE ORCHARD.  AND I KNOW THERE'S ANOTHER

                    BILL IN THE SENATE THAT WILL TALK ABOUT (INAUDIBLE).  WE KNOW WE NEED

                    THESE POLLINATORS, WE'RE NOT HERE TO DO ANYTHING TO HURT THEM AT ALL.

                    THEY'RE NEEDED FOR POLLINATION TO -- TO HELP MANKIND STAY HERE ON THIS

                    PLANET.  SO PLEASE, I'M GOING TO ASK ALL MY COLLEAGUES TO TAKE A STEP

                    BACK, LOOK AT THIS BILL REALLY HARD AND SEE WHERE THIS PESTICIDE TRULY

                    HELPS, AND IT HELPS IN MORE WAYS THAN -- THAN ALL THE WAYS I'VE JUST

                    EXPLAINED AND I'M ASKING ALL MY COLLEAGUES TO VOTE NO ON THIS -- ON THIS

                    LEGISLATION.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER CUSICK:  THANK YOU.

                                 MR. LEMONDES.

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

                    THE SPONSOR YIELD FOR A FEW QUESTIONS?

                                 ACTING SPEAKER CUSICK:  WILL THE SPONSOR

                    YIELD?

                                 MR. ENGLEBRIGHT:  I YIELD.

                                 ACTING SPEAKER CUSICK:  THE SPONSOR YIELDS.

                                 MR. LEMONDES:  THANK YOU, CHAIRMAN.  I

                    UNDERSTAND THE PREMISE OF THE BILL AND THE REDUCTION OF, QUOTE/UNQUOTE,

                    "DANGEROUS COMPOUNDS" FROM OUR ENVIRONMENT, I UNDERSTAND THAT.  BUT

                    THEN I -- THAT FORCES ME TO ASK WHAT'S THE ACCEPTABLE COST FOR OUR FOOD

                                         122



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    PRODUCTION WITH THIS -- WITH THIS PARTICULAR COMPOUNDS REMOVED?  AND

                    SO WITH THAT, ARE YOU PROPOSING ALTERNATIVES SIMULTANEOUSLY FOR THE

                    REPLACEMENT OF THIS PARTICULAR COMPOUND, THESE COMPOUNDS?

                                 MR. ENGLEBRIGHT:  SO A COUPLE OF THOUGHTS.

                    YOU KNOW, WE'RE IN AN INFLATIONARY SPIRAL RIGHT NOW SO TO ASK ABOUT

                    COSTS, YOU HAVE TO UNDERSTAND THAT COSTS VARY DEPENDING UPON -- EVEN

                    UPON WHAT THE OVERALL ECONOMIC CLIMATE IS.  SO WE RECOGNIZE THAT AND

                    WE HAVE WRITTEN INTO THE BILL DISCRETION FOR EXCESSIVE ECONOMIC CRISIS.

                    THAT DISCRETION IS IN THE BILL FOR THE VERY REASON THAT WE CAN'T BE TOTALLY

                    PREDICTED.  SO THAT'S AN IMPORTANT POINT.

                                 YOU ASKED ABOUT WHAT IS THE BASIC PREMISE OF THE BILL

                    AND WHY -- WHY ARE WE DOING THE BILL, AND PART OF THE REASON WE'RE

                    DOING THE BILL IS BECAUSE THE BIOMASS OF INSECTS IS DRAMATICALLY REDUCED

                    BECAUSE OF THE USE OF THESE -- OF THESE PAINTED SEEDS.  IT USED TO BE, AND

                    YOU I'M SURE WILL REMEMBER THIS, YOU COULD DRIVE ACROSS THE STATE AND

                    YOUR WINDSHIELD WOULD BE COVERED WITH --

                                 MR. LEMONDES:  OF COURSE.

                                 MR. ENGLEBRIGHT:  -- WITH BUGS.  WHEN YOU GOT

                    BACK, THE GRILL WAS COVERED.  YOU DON'T HAVE THAT HAPPEN ANYMORE.

                    THE BIOMASS IS DRAMATICALLY DECREASED BECAUSE OF THE USE OF

                    NEONICOTINOIDS.  DO WE NEED TO USE THE NEONICOTINOID IN THIS MANNER,

                    THE ANSWER IS NO.  THIS BILL DOESN'T BAN THE USE OF NEONICOTINOID.  THERE

                    WAS A QUESTION BEFORE ABOUT THE EMERALD ASH BORER AND WHETHER OR NOT

                    THERE WAS A CRISIS WHETHER WE WOULD HAVE ACCESS.  THE ANSWER IS YES,

                    WE'VE WRITTEN THAT DISCRETION INTO THE BILL IF THERE IS A SITUATIONAL CRISIS,

                                         123



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THE DISCRETION IS THERE FOR THE USE OF THESE NEONICS.

                                 BUT THE BIGGEST PROBLEM IS THAT THE USE OF NEONICS IS

                    ESSENTIALLY IN A PROPHYLACTIC MANNER.  IT'S BEING USED WHEN THERE IS NO

                    NEED, AND PART OF THE REALITY IS THAT THE 2020 CORNELL REPORT WHICH WE

                    PAID FOR, BY THE WAY, OUT OF THE ENVIRONMENTAL PROTECTION FUND.  THAT

                    REPORT INDICATED THAT 87 PERCENT OF FIELD TRIALS OBSERVED NO INCREASE IN

                    CORN YIELD WHEN NEONICOTINOID SEEDS WERE USED, AND THE RESULTS WERE

                    SIMILAR FOR SOYBEANS.  THAT IS TO SAY THE PROPHYLACTIC USE, OR THE

                    UNNECESSARY USE OF THESE PAINTED SEEDS DOESN'T GIVE US ANY ADDITIONAL

                    PROFIT, IT ONLY GIVES US ADDITIONAL RISK TO THE POLLINATORS WHO ARE SO

                    FUNDAMENTAL TO OUR FOOD PRODUCTION.

                                 MR. LEMONDES:  BUT AGAIN, IN AN IPM -- FROM AN

                    IPM PERSPECTIVE, INTEGRATED PEST MANAGEMENT PERSPECTIVE, THE

                    WHOLESALE IMMEDIATE REMOVAL, OR NEAR TERM IMMEDIATE REMOVAL

                    REMOVES THE -- REMOVES EVEN THE OPTION UNLESS --

                                 MR. ENGLEBRIGHT:  WELL, THE REALITY IS THAT WE

                    ANTICIPATED THAT AS WELL.  PART OF THIS IS BECAUSE WE DID HAVE A HEARING

                    AND WE LISTENED CLOSELY.  WE HAVE -- ONE OF THE QUESTIONS FROM EARLIER

                    WAS DID WE ANTICIPATE THAT NEXT YEAR WE WOULD NEED TO BUY THE SEEDS

                    THIS YEAR.  WELL, THE ANSWER IS YES, WE ANTICIPATED THAT WHICH IS WHY

                    THE ENACTMENT TIME FRAME FOR THIS IS ON 2015 -- EXCUSE ME, 2025, ON

                    JANUARY 1ST OF 2025 WHICH IS SEVERAL YEARS OUT.  IT GIVES TIME FOR

                    ADJUSTMENTS TO BE MADE.  BY THE WAY, WE'RE NOT THE FIRST MUNICIPAL

                    JURISDICTION TO BE CONCERNED ABOUT THIS.  IN 2015, QUEBEC ADDED TO THE

                    LEVEL OF CONCERN BY ACTING TO BAN NEONICOTINOIDS IN THE PROVINCE;

                                         124



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    PROVINCE IS EQUIVALENT OF A STATE IN CANADA.  SO OUR SISTER STATE, OR

                    PROVINCE IMMEDIATELY TO OUR NORTH, HAS ALREADY SHOWN US THROUGH

                    THEIR ACTIONS THAT THIS IS NOT GOING TO HAVE A DELETERIOUS EFFECT IF

                    PROPERLY APPLIED.  IT WILL REDUCE THE NEGATIVE EFFECTS WITHOUT HARMING

                    THE INDUSTRY'S BASE.

                                 MR. LEMONDES:  I SEE YOUR POINT.  IN A PERFECT

                    WORLD, WE WOULD -- WE WOULD NOT WANT TO BE RELIANT ON ANY CHEMISTRY,

                    BUT WE FIND OURSELVES IN A DEVELOPED STATE IN A FIRST WORLD NATION

                    WHERE, I THINK, THAT WOULD BE UNREALISTIC IS MY -- IS MY POINT.

                                 MY -- MY SECOND QUESTION, SINCE OUR HEARING, DO YOU

                    KNOW IF THERE HAS BEEN EITHER FROM THE DEPARTMENT OF AG AND MARKETS

                    OR THE DEC A COMPOSED, WRITTEN DETERMINATION OF EMERGENCY FOR THE

                    REMOVAL OF THESE CHEMICALS?

                                 MR. ENGLEBRIGHT:  IT'S CREATED IN THIS BILL.  I

                    SHOULD ALSO POINT OUT WE DO WANT TO CONTINUE TO LEARN AND SO WE HAVE

                    BUILT INTO THE BILL A REQUIREMENT THAT BY 2023 THAT WE HAVE A REPORT AND

                    THAT REPORT, AS I INDICATED EARLIER, WILL BE BY THE DEC IN CONJUNCTION

                    WITH CORNELL UNIVERSITY AND THE SUNY COLLEGE OF ENVIRONMENTAL

                    SCIENCES AND FORESTRY.  SO YES, WE ANTICIPATE THAT WE WILL HAVE

                    CONTINUED USE OF PESTICIDES, WE WILL -- WE BUILT DISCRETION IN WHEN

                    THERE'S AN EMERGENCY THAT CAN BE IDENTIFIED.  AND THE QUESTION IS WHO

                    WILL IDENTIFY THAT, OBVIOUSLY THE DEC IN COOPERATION WITH THE

                    COMMISSIONER OF AGRICULTURE WILL HELP MAKE A RECOMMENDATION TO THE

                    -- TO THE GOVERNOR.  SO WE BUILT FLEXIBILITY IN AND THAT'S A CONSEQUENCE

                    OF HAVING LISTENED CLOSELY TO THE CONCERNS ABOUT A SUDDEN ADJUSTMENT

                                         125



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    OF TOTALITY, OF A TOTAL BAN.  SO THAT'S NOT WHAT THIS IS, BUT THIS IS A

                    MEASURE THAT IS DESIGNED TO TAKE AWAY THE EXCESSIVE OR PROPHYLACTIC

                    USE OF THESE VERY, VERY, IN FACT OVERLY SUCCESSFUL PESTICIDES.

                                 MR. LEMONDES:  BUT ON THAT -- ON THAT POINT, AND I

                    -- I UNDERSTAND YOUR PERSPECTIVE, WOULD YOU RECOGNIZE THE SCIENTIFIC

                    ASSESSMENT OF CORNELL AS WE PREVIOUSLY MENTIONED, AND FARM BUREAU

                    THAT VARROA MITES AND AMERICAN FOULBROOD HAVE BEEN THE PREEMINENT

                    STRESSORS FOR NORTHEASTERN COLONIES --

                                 MR. ENGLEBRIGHT:  FOR THE EUROPEAN HONEY BEE

                    --

                                 MR. LEMONDES:  -- IN ADDITION TO (INAUDIBLE) THAT

                    MY COLLEAGUES HAVE OFFERED.

                                 MR. ENGLEBRIGHT:  FOR THE EUROPEAN HONEY BEE,

                    THAT IS -- THAT IS CERTAINLY SOMETHING THAT HAS CREATED COLONY COLLAPSE

                    AND COLONY DISORDER.  WE KNOW THAT THE MITES ARE A SERIOUS PROBLEM.

                    IT'S A RELATIVELY NEW PROBLEM, WE'RE NOT REALLY CLEAR YET, THE SCIENCE IS

                    NOT CLEAR AS TO EXACTLY WHAT IS DRIVING THIS.  THERE'S A GOOD DEAL OF

                    CONTROVERSY AND INQUIRY STILL GOING ON.  BUT I WOULD ALSO POINT OUT THAT

                    THE CONCERN FOR POLLINATORS IS NOT JUST THE EUROPEAN HONEY BEE --

                                 MR. LEMONDES:  AGREED.

                                 MR. ENGLEBRIGHT:  -- MORE THAN 100 NATIVE

                    SPECIES OF BEES, ABOUT 40 PERCENT OF THEM ARE NEAR EXTINCTION.  WE

                    HAVE A VERY SERIOUS PROBLEM WITH -- ALL ACROSS THE ENTIRE SPECTRUM OF

                    POLLINATORS THAT IS BEING DRIVEN BY THESE NEONICOTINOID PAINTED -- OR

                    COATED SEEDS.

                                         126



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. LEMONDES:  BUT I UNDERSTAND, AGAIN, YOUR

                    PERSPECTIVE, BUT ON THAT POINT, THE RESEARCH I'VE DONE HAS LED ME TO

                    BELIEVE THAT THE ACTUAL TOTAL NUMBER OF U.S. COLONIES HAS INCREASED

                    FROM 2019 TO 2020 TO 2021.  SO I UNDERSTAND WHAT THIS BILL'S INTENT IS,

                    BUT THE DATA THAT -- THAT -- THAT I HAVE COME ACROSS SHOWS ME THAT THE

                    ACTUAL NUMBER OF HIVES IS INCREASING.

                                 MR. ENGLEBRIGHT:  THERE IS HIVES OF EUROPEAN

                    HONEY BEES?

                                 MR. LEMONDES:  BEE COLONIES WAS THE DEFINITION,

                    DOMESTIC BEE COLONIES.

                                 MR. ENGLEBRIGHT:  OKAY.  THERE IS A ONGOING

                    PROBLEM WITH -- WITH MITES ATTACKING THE COLONIES OF EUROPEAN HONEY

                    BEES IN PARTICULAR.  THAT IS NOT NECESSARILY WHAT WE SEE WITH THE

                    SOLITARY BEES OR WITH THE WILD BEE POPULATIONS.  IT IS APPARENTLY,

                    ACCORDING AGAIN, THERE'S RESEARCH GOING ON HERE BUT IT SEEMS THAT SOME

                    OF THAT IS ASSOCIATED WITH STRESS AND THAT THE MITES ARE MORE HARMFUL IN

                    SITUATIONS WHERE THERE'S ALREADY BEEN HARM IN THE FORM OF STRESS TO THE

                    COLONY.  AGAIN, THIS IS BEING RESEARCHED, BUT PUTTING NEONICOTINOID

                    TOXICS ON ALL OF THE SEEDS THAT ARE USED IS JUST A GUARANTEE THAT WE'RE

                    GOING TO HAVE SERIOUS PROBLEMS BEYOND JUST THE EUROPEAN BEES.  SO

                    KEEP A PERSPECTIVE HERE.  WE HAVE BUILT FLEXIBILITIES INTO THIS MEASURE

                    THAT ARE INTENDED TO MAKE IT SO THAT WE DO NOT -- WE TALK ABOUT STRESS

                    HERE, WE DO NOT NECESSARILY STRESS OUR FARMERS.  WE DON'T WANT TO CUT

                    DOWN FOOD PRODUCTION, BUT AGAIN, THE 2020 REPORT SHOWED THAT THERE

                    WAS NO -- NO MEANINGFUL MATHEMATICAL CORRELATION BETWEEN THE

                                         127



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    APPLICATION ON EVERY SEED FOR THESE THREE MAIN CROPS AND THE INCIDENTS

                    OF DECREASED PRODUCTION, THAT THAT CORRELATION WAS NOT DEMONSTRATED

                    AND THAT'S BY CORNELL, WHICH IS WIDELY RESPECTED.

                                 MR. LEMONDES:  IRONICALLY, I'LL OFFER ANECDOTALLY

                    AS I DID IN OUR HEARING MY OWN HIVES, CHEMICALLY UNTREATED

                    INTENTIONALLY AND I LOST THEM ALL.  SO THAT -- EVERY PROFESSIONAL I

                    CONSULTED SAID, YOU SHOULD HAVE TREATED, YOU WOULDN'T HAVE LOST THEM

                    ALL.  SO THERE'S A -- MY POINT IN PUTTING THAT OUT IS THERE'S A DELICATE

                    BALANCE.  I DON'T THINK THE REMOVAL OF ANY -- OF ANY SIGNIFICANT TOOL IN

                    THE PACKAGE OF THOSE AVAILABLE SO QUICKLY AND I WOULD EVEN DEFINE THE

                    TERMS OF THIS BILL IN 2025 STILL TOO QUICKLY, BUT -- BENEFICIAL.  I THINK

                    THAT THIS REMOVAL WOULD RESULT AS A FORCING FUNCTION, AS I THINK WAS

                    MENTIONED BY ONE OF MY COLLEAGUES.  IT WOULD FORCE THE RETURN TO THE

                    USE OF OLDER CHEMISTRIES WHICH MAY, AND MOST LIKELY WOULD REQUIRE

                    HIGHER APPLICATION RATES, INCREASED DRIFT, LESS OVERALL EFFECTIVENESS,

                    WHICH I THINK WE COULD AGREE ARE ALL -- ARE ALL BAD THINGS.  I'M NOT

                    TRYING TO PIN YOU IN A CORNER ON THIS --

                                 MR. ENGLEBRIGHT:  WELL, I THINK YOU RAISE AN

                    IMPORTANT POINT AND CERTAINLY, THAT'S BEEN WITHIN OUR FIELD OF VISION AND

                    CONCERN.  THAT'S WHY WE BUILT DISCRETION INTO -- INTO THE BILL.  BUT LET

                    ME JUST POINT OUT, THE NEONICOTINOIDS ARE EXTREMELY PERSISTENT.  SOME

                    OF THE OLDER CHEMICALS AND SOME OF THE ALTERNATIVES THAT WE'VE ASKED

                    FOR A REPORT ON, OUR INFORMATION IS THAT THEY DO NOT HAVE THE SAME

                    LENGTH OF PERSISTENCE AS THE NEONICOTINOIDS.  NEONICOTINOIDS GO INTO

                    THE ENVIRONMENT, THEY GO INTO EVERY PART OF THE PLANT, THEY GO INTO THE

                                         128



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ROOTS, THEY ARE WASHED OUT OF THE PLANT INTO THE SOIL AND OUT OF THE SOIL

                    INTO THE LOCAL STREAMS.  NEONICS ARE REALLY TOXIC.  THAT'S BOTH GOOD AND

                    BAD.  IT'S GOOD FOR CIRCUMSTANCES THAT ARE, IN MANY CASES, VERY SPECIFIC,

                    BUT IT'S BAD WHEN IT'S ACROSS THE ENTIRE STATE AND ENTIRE CONTINENT.  I

                    HAVE A COLLEAGUE WHO DROVE -- HE'S A PROFESSIONAL BIOLOGIST, WHO DROVE

                    ALL THE WAY TO ALASKA AND BACK AND HIS WINDSHIELD WAS CLEAN AND HE

                    WAS ALARMED.  THIS IS A PHD IN ECOLOGY.  HE WAS ALARMED BY THE LOSS

                    OF BIOMASS AND HE COULD ASCRIBE IT ONLY TO NEONICOTINOIDS.  THAT'S THE

                    BREADTH OF THE PROBLEM OF THE USE OF THESE CHEMICALS, PAINTING ONTO THE

                    SEEDS OF EVERY CROP THAT'S PLANTED ACROSS THE FACE OF OUR -- OF OUR

                    AGRICULTURAL REGIONS.  AND SO THAT'S A REAL PROBLEM, THE PERSISTENCE OF

                    NEONICOTINOIDS AND THEIR DISTRIBUTION NOT JUST WITHIN THE FLOWER OF THE

                    PLANT, BUT THROUGHOUT THE ROOTS AND ALL OF ITS PARTS.

                                 MR. LEMONDES:  I UNDERSTAND.  I AGREE WITH

                    RESPECT TO THE PERSISTENCE; HOWEVER, THE PERSISTENCE IS WHAT LET THE

                    PERSISTENCE OF THE INTENDED TARGETS OF THIS -- OF THESE COMPOUNDS IS

                    WHAT LED TO THEIR DEVELOPMENT.  THEY ARE EQUALLY AS PERSISTENT AND

                    DANGEROUS TO OUR DESTRUCTION OF OUR FOOD SUPPLY.  I WOULD LIKE TO THANK

                    YOU FOR -- FOR THE DISCOURSE AND, MR. SPEAKER --

                                 MR. ENGLEBRIGHT:  THANK YOU.

                                 MR. LEMONDES:  -- IF I COULD GO ON THE BILL.

                                 ACTING SPEAKER AUBRY:  QUICKLY.

                                 MR. LEMONDES:  THANK YOU.  TREATED SEEDS

                    ENABLE GREATER CROP YIELDS, DECREASED TOTAL APPLICATION RATES RESULTING

                    IN COST, WATER, TIME, LABOR, FUEL, AND FINANCIAL SAVINGS TO FARMS,

                                         129



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    BUSINESSES AND DECREASED PRICES ULTIMATELY FOR CONSUMERS ALL ACROSS ALL

                    CATEGORIES OF CROPS AND FOOD.  ADDITIONALLY, FAILURE TO IDENTIFY EFFECTIVE

                    ALTERNATIVES IS NOT A VIABLE COURSE OF ACTION.  WE HAVE TO HAVE EFFECTIVE

                    ALTERNATIVES IDENTIFIED AS WELL.

                                 MR. SPEAKER, I HAD A LOT MORE, I'LL STOP THERE.  THANK

                    YOU.

                                 ACTING SPEAKER AUBRY:  MR. TAGUE.

                                 MR. TAGUE:  GOOD AFTERNOON, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  GOOD AFTERNOON, SIR.

                                 MR. TAGUE:  WOULD THE SPONSOR YIELD FOR A COUPLE

                    QUICK QUESTIONS; MR. CHAIRMAN, QUICK.

                                 ACTING SPEAKER AUBRY:  WE LOVE QUICK

                    QUESTIONS.  MR. ENGLEBRIGHT, WILL YOU GIVE HIM SOME QUICK ANSWERS?

                                 MR. ENGLEBRIGHT:  I QUICKLY YIELD, YES.

                                 ACTING SPEAKER AUBRY:  ALL RIGHT, THERE'S A

                    QUICK EVERYWHERE.

                                 MR. TAGUE:  FIRST OF ALL, MR. CHAIRMAN, IT'S ALWAYS

                    AN HONOR AND A PLEASURE TO HAVE A DISCUSSION WITH YOU, EXCEPT FOR THE

                    LAST TIME YOU STOLE 90 PERCENT OF MY 15 MINUTES SO I'M GOING TO TRY TO

                    AVOID THAT THIS TIME.  BUT ANYWAYS, QUICK QUESTION.  I ASSUME THAT YOU,

                    LIKE EVERY OTHER HUMAN BEING, EATS; AM I CORRECT?

                                 MR. ENGLEBRIGHT:  WE ARE HAVING A HARD TIME

                    WITH SOME OF THE ACOUSTICS.

                                 MR. TAGUE:  OKAY.  I CAN ASSURE YOU THAT THIS IS A

                    QUESTION THAT NONE OF YOUR LAWYERS NEED TO HELP YOU ANSWER.  YOU DO

                                         130



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    EAT, CORRECT, SIR?

                                 MR. ENGLEBRIGHT:  OH, DO I EAT?

                                 MR. TAGUE:  YES.

                                 MR. ENGLEBRIGHT:  YES.  SOMETIMES TOO MUCH,

                    YES.

                                 MR. TAGUE:  ME, TOO, AS IF YOU COULDN'T NOTICE.  LET

                    ME ASK YOU THIS, AND YOU'RE AWARE THAT YOUR FOOD DOESN'T JUST COME

                    FROM THE SUPERMARKET, IT ORIGINATES SOMEWHERE ELSE, CORRECT?

                                 MR. ENGLEBRIGHT:  THAT IS CORRECT.

                                 MR. TAGUE:  THANK YOU.  DO YOU KNOW, BY ANY

                    CHANCE, HOW MANY AG SAFETY PROFESSIONALS WERE INVOLVED IN PUTTING

                    THIS BILL TOGETHER?

                                 MR. ENGLEBRIGHT:  I -- I HAVEN'T A SPECIFIC

                    NUMBER, BUT I WILL SAY WE HAD A PUBLIC HEARING.  IT WAS WIDELY

                    ADVERTISED AND WE DREW COMMENTS FROM ALL QUARTERS AND CORNERS OF THE

                    STATE.

                                 MR. TAGUE:  AND, YOU KNOW, YOU HAD -- YOU HAD

                    PREVIOUSLY SAID ABOUT THE HEARING, WHICH I ALSO AGREE WITH, BUT THERE

                    WERE DISSENTING COMMENTS ABOUT THIS BILL FROM OTHER ENTITIES IN THAT

                    HEARING; AM I CORRECT?

                                 MR. ENGLEBRIGHT:  WE HAD VARYING POINTS OF

                    VIEW, YES.

                                 MR. TAGUE:  AND YOU ARE AWARE THAT FARM BUREAU,

                    NEW YORK STATE VEGETABLE GROWERS ASSOCIATION AND NORTHEAST DAIRY

                    PRODUCERS ARE ALL HIGHLY OPPOSED TO THIS BILL?

                                         131



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. ENGLEBRIGHT:  WE HAVE A NUMBER OF

                    ORGANIZATIONS THAT ARE OPPOSED.  WE HAVE AN -- AN EQUAL OR GREATER

                    NUMBER THAT IS STRONGLY SUPPORTIVE.

                                 MR. TAGUE:  BUT I WOULD ARGUE WITH YOU THAT THOSE

                    THAT ARE SUPPORTIVE ARE MORE ADVOCATES GROUPS.  THEY'RE NOT PEOPLE

                    THAT ARE ACTUALLY ENGAGED IN SUPPLYING FOOD OR GROWING FOOD FOR THE

                    PEOPLE OF THE STATE OF NEW YORK.

                                 MR. ENGLEBRIGHT:  SOME OF THE PEOPLE WHO

                    SPOKE ARE MEDICAL PROFESSIONALS.  WE HAD TESTIMONY DURING THE

                    HEARING INDICATING THAT THERE WERE SERIOUS PROBLEMS, ADVERSE HEALTH

                    IMPLICATIONS, IN FISHERIES -- THAT'S A FOOD -- AS WELL AS BIRTH DEFECTS IN

                    LARGE MAMMALS INCLUDING DEER, AND CONCERNS IN THAT DIRECTION

                    REGARDING POTENTIAL HEALTH CONCERNS FOR HUMANS AND WATER SUPPLY

                    CONTAMINATION.  ALL OF THAT IS CONSUMABLE.  WATER, FISH, DEER AND

                    HUMAN HEALTH, THEY'RE ALL INTERCONNECTED, ABSOLUTELY.

                                 MR. TAGUE:  I WANT TO JUST ASK ONE LAST QUESTION

                    BEFORE I GO ON THE BILL.  ACTUALLY, IT MIGHT TURN INTO -- INTO A COUPLE.

                    BUT ARE YOU AWARE OF (INAUDIBLE)?  IT'S -- AND I'M ASSUMING THAT YOU

                    PROBABLY HAVE NEVER PLANTED CORN BEFORE.

                                 MR. ENGLEBRIGHT:  I -- I'M -- I'M NOT SURE I HEARD

                    YOU.

                                 MR. TAGUE:  WHEN I -- WHEN I PLANTED CORN BACK IN

                    THE DAY WE USED A PRODUCT CALLED (INAUDIBLE) AND WE USED TO DUMP IT

                    RIGHT IN THE BIN WITH THE CORN SEED AND THAT'S WHAT WAS OUR INSECTICIDE.

                                 MR. ENGLEBRIGHT:  I SEE.

                                         132



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. TAGUE:  NOW, NEONICS -- NEONICS ARE MUCH

                    SAFER THAN THE OLD (INAUDIBLE) THAT WE USED TO USE.  SO MY POINT IS IS

                    THAT OVER TIME AND THROUGH TECHNOLOGY WE HAVE MADE IT SAFER.  AND THE

                    PROBLEM HERE IS IF YOU TAKE THIS TECHNOLOGY AWAY IN WHAT WE'RE USING

                    RIGHT NOW, NUMBER ONE, IT'S GOING TO KILL THE YIELD.  AND THE YIELD IS

                    HOW THE FARMER IS ABLE TO PRODUCE AND MAKE MONEY TO CONTINUE

                    MOVING ON.  IT LEADS TO OTHER THINGS:  FOOD SHORTAGES, FEED SHORTAGES

                    FOR -- YOU KNOW, LET'S NOT FORGET, NOT ONLY DO OUR FARMERS FEED THE

                    PEOPLE, BUT THEY ALSO FEED THE ANIMALS, LIKE LIVESTOCK, THAT WE EAT,

                    THOSE OF US THAT EAT MEAT.  IF YOU'RE AREN'T ABLE TO FEED THOSE ANIMALS

                    PLUS THE PEOPLE, IT'S LIKE I SAID BEFORE, NO FARMS, NO FOOD.  NO FOOD, YOU

                    AND I DON'T LIVE.

                                 SO WITH THAT, MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. TAGUE:  NEONICOTINOIDS ARE CRITICAL TO THE

                    SUCCESS OF NEW YORK AGRICULTURE.  DEVELOPED AS A REVOLUTIONARY SEED

                    TREATMENT, NEONICOTINOIDS OFFER TARGETED ACTION AGAINST CROP-DESTROYING

                    PESTS AND THE DISEASE THAT THOSE PESTS CARRY.  NEONICS INSTILL IN PLANT

                    SYSTEM -- SYSTEM (INAUDIBLE) PROTECTION, PARTICULARLY EARLY IN THE

                    GROWING SEASON.  IT REDUCES THE NEED TO SPRAY CROPS.  THOSE OF YOU THAT

                    HAVE BEEN AROUND FOR A LONG TIME CAN REMEMBER THOSE CROP SPRAYERS

                    GOING THROUGH THE FIELDS.  COMBINED WITH THEIR VERY LOW TOXICITY TO

                    MAMMALS, NEONICS HAVE PROVEN TO BE A MASSIVE ADVANCE IN SAFETY AND

                    EFFECTIVENESS.  NEONICS ARE ALSO USEFUL AS A FOLIAR SPRAY AND A

                    (INAUDIBLE) FOR CERTAIN APPLICATIONS.  THIS BILL DEFINES SEEDS TREATED

                                         133



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    WITH NEONICOTINOIDS AS A PESTICIDE SUBJECT TO STATE REGULATIONS.  IT BANS

                    THE SALE AND PURCHASE OF NEONIC-TREATED CORN, SOYBEAN AND WHEAT

                    SEEDS.  IT BANS THE USE OF NEONIC FOLIAR SPRAYS ON OUTDOOR PLANTS AND

                    GRASS BEGINNING IN JULY OF 2023, AND IT REQUIRES THE DEPARTMENT OF

                    ENVIRONMENTAL CONSERVATION, ALSO KNOWN AS DEC, TO REVIEW THE

                    SCIENTIFIC EVIDENCE AND RESTRICT OR PROHIBIT ANY OTHER NEONIC USAGE THE

                    DEPARTMENT DETERMINES IS REASONABLY LIKELY TO HARM THESE (INAUDIBLE).

                                 FOLKS, BANNING NEONICS WOULD BE A STEP BACK FOR

                    SAFETY AND THE HEALTH FOR NEW YORK STATE AGRICULTURE.  NEW YORK HAS

                    33,400 FARMS.  AND LET ME TELL YOU, 98 PERCENT OF THOSE -- THOSE FARMS

                    ARE FAMILY FARMS, FAMILY-OWNED.  THEY SPREAD ACROSS 6.9 MILLION ACRES,

                    GENERATING OVER $5.8 BILLION - WITH A B - NOT QUITE AS MUCH AS THE

                    BUDGET THAT WE JUST PASSED BUT $5.8 BILLION IN REVENUE.  THE BAN ON

                    TREATED SEED FOR CORN, SOYBEAN AND WHEAT WOULD TAKE OPTIONS AWAY

                    FROM OUR FARMERS RESPONSIBLE FOR MANAGING 1.4 MILLION ACRES, PUTTING

                    929,000,000 IN PRODUCTION AT RISK.  ONLY FIVE PERCENT OF NEW YORK

                    CORN FARMERS USE INSECTICIDES OTHER THAN NEONIC SEED TREATMENTS.  AND

                    MORE THAN HALF OF OUR SOYBEAN GROWERS RELY ON NEONIC-TREATED SEEDS.

                    AGAIN, LET ME REPEAT.  NOT ONLY DO PEOPLE CONSUME THESE PRODUCTS OF

                    CORN AND SOYBEAN AND WHEAT, BUT SO DO THE ANIMALS THAT WE RAISE FOR

                    OTHER REASONS.  WHETHER IT'S FOR MILK, WHETHER IT'S FOR BEEF, LAMB,

                    CHICKEN.  WHATEVER IT MAY BE.  THESE SEED TREATMENTS ARE USED AT VERY

                    LOW RATES, GENERALLY LESS THAN TEN GRAMS AN ACRE.  A MODERN PLANTER

                    PREVENTS THE DUSTING OFF OF THESE SEED TREATMENTS.  DEPENDING ON

                    SEEDING RATES, QUALITY SEED CORN TYPICALLY COSTS GROWERS BETWEEN $110

                                         134



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    TO $180 AN ACRE.  SOYBEAN SEED TYPICALLY COSTS ABOUT $75 AN ACRE.  AND

                    MANY SEED COMPANIES OFFER REPLANT POLICIES WHEREBY REPLACEMENT SEED

                    IS GIVEN TO GROWERS THAT EXPERIENCE (INAUDIBLE) LOSS DUE TO INSECT

                    PRESSURE.  THESE PROGRAMS WILL BE ELIMINATED -- ELIMINATED IF GROWERS

                    DO NOT TAKE THE PROPER MEASURES TO CONTROL THESE INSECT PESTS.  A LARGE

                    PERCENTAGE OF NEW YORK'S POTATO, ONION AND CABBAGE CROP RECEIVES

                    NEONIC SEED TREATMENTS AND (INAUDIBLE) APPLICATIONS OF NEONICS.  THESE

                    TREATMENTS CONTROL COLORADO POTATO BEETLE, ONION MAGGOT, WATER

                    WORMS AND OTHER PESTS.  I DON'T KNOW ABOUT YOU, BUT THE NEXT TIME I GO

                    INTO A BAKED POTATO I HOPE THE HELL I DON'T HAVE ONE OF THOSE ONION

                    MAGGOTS IN THERE OR A ROOT WORM.  THESE IN-SOIL TREATMENTS HELP

                    MINIMIZE (INAUDIBLE) TREATMENTS OF INSECTICIDES.  MY FRIENDS, NEONICS

                    ARE CRITICAL TO THE SUCCESS OF NEW YORK AGRICULTURE.

                                 I ALSO JUST WANT TO INTERJECT, SEED TREATMENTS ARE

                    ALREADY HIGHLY REGULATED.  THE U.S. ENVIRONMENTAL PROTECTION AGENCY,

                    ALSO KNOWN AS THE EPA, AND STATE AGENCIES ALREADY THOROUGHLY

                    EVALUATE SEED TREATMENTS BEFORE THEY CAN BE SOLD.  THE FEDERAL

                    INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT, FIFRA, CONTAINS A TREATED

                    ARTICLE EXEMPTION UNDER WHICH THE EPA FOLLOWS THE SALE OF SEEDS

                    TREATED WITH AN ALREADY-APPROVED AND REGISTERED PESTICIDE.  THIS IS

                    MEANT TO AVOID DUPLICATIVE PAPERWORK AND RED TAPE WHEN THE ACTIVE

                    INGREDIENT IS EXACTLY THE SAME.  SEED TREATMENT APPLICATORS AND THE SALE

                    AND USE OF SEED TREATMENTS ARE ALL FEDERALLY REGULATED.  CLAIMS THAT

                    NEONICS HARM BIRDS OR POLLINATORS LIKE BEES ARE BASED ON DUBIOUS

                    SCIENCE.  HONEY BEES, THE NUMBERS ARE ON THE RISE.  THERE ARE 2.8

                                         135



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    MILLION COLONIES TODAY COMPARED TO 2.6 MILLION IN 1996, WHEN NEONICS

                    WERE FIRST HITTING THE MARKET.  THE BIGGEST THREAT TO BEE HEALTH COMES

                    FROM PARASITES LIKE THE VARROA DESTRUCTIVE MITE.  BUT IT DOESN'T HIDE

                    QUALITY FIELD EXPERIENCE -- EXPERIMENTS HAVE CONSISTENTLY SHOWN THERE

                    ARE NO OBSERVABLE ADVERSE EFFECTS TO BEES FOR BEING EXPOSED TO NEONICS

                    AT FIELD REALISTIC LEVELS.  THE EXPOSURE PREDICTIONS IN THE CORNELL REPORT

                    THAT HAS BEEN REFERRED TO SEVERAL TIMES BY MY COLLEAGUES AND THE

                    SPONSOR, ARE INCONSISTENT WITH WHAT THE NEW YORK STATE BEEKEEPER

                    TECH TEAM HAS REPORTED.  RECENT RESEARCH MEASURING REAL WORLD

                    EXPOSURE TO 120 DIFFERENT PESTICIDES IN 1,055 APIARIES OVER SEVEN YEARS

                    ACROSS THE U.S. FOUND THAT NEONICOTINOID RESIDUES ARE AMONG THE LEAST,

                    THE LEAST, DETECTED OF ALL PESTICIDES.  THIS FACT WAS CONFIRMED BY THE

                    NEW YORK STATE BEEKEEPER TECH TEAM'S PESTICIDE RESIDUES REPORT

                    WHICH CONCLUDED WHILE NEONICOTINOIDS ARE NOT THE -- ARE NOT -- AREN'T

                    THE MOST USED INSECTICIDES WORLDWIDE, IT IS NOT COMMON FOR THEM TO BE

                    PRESENT AT ACUTELY TOXIC LEVELS IN BEEHIVES.  AND WE JUST HEARD THAT

                    FROM MY COLLEAGUE DOWN THE -- DOWN THE -- A COUPLE DESKS FROM ME.

                                 MY FRIENDS, LISTEN.  I UNDERSTAND WHAT FOLKS ARE TRYING

                    TO DO, AND IT'S GREAT.  WE ALL ARE GOING TO SAVE THE WORLD.  BUT THIS IS

                    GOING TO DO NOTHING BUT HURT THE PEOPLE THAT FEED US AGAIN.  THERE'S NO

                    NEED FOR IT.  THERE'S NO NEED FOR IT.  SO I WOULD ASK ALL MY COLLEAGUES

                    TO USE SOME COMMONSENSE AGAIN TO THINK ABOUT THOSE THAT FEED US, AND

                    INSTEAD OF MAKING IT HARDER FOR THEM TO DO THEIR JOBS AND HARDER FOR

                    THEM TO FEED -- FEED US, TO DO THE RIGHT THING.  VOTE NO ON THIS

                    NONSENSE.  VOTE NO.

                                         136



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  THIS BILL CALLS ON

                    US TO PASS LEGISLATION THAT BANS THE USE OF A PESTICIDE THAT'S HIGHLY

                    REGULATED, HIGHLY STUDIED AND NOT BANNED BY ANY OF THE REGULATORS.

                    THAT'S CRITICAL TO THE SUCCESS OF THE AGRICULTURAL INDUSTRY.  OUR DEC

                    CONSISTS OF SCIENTISTS WHOSE MISSION IS TO ENSURE THAT THESE PRODUCTS

                    ARE SAFE AND EFFECTIVE AND APPLIED PROPERLY.  THE U.S. EPA, WHETHER

                    UNDER REPUBLICAN OR CURRENTLY UNDER A DEMOCRAT ADMINISTRATION, HAS

                    THE SAME MISSION, AND THEY'RE FILLED WITH SCIENTISTS WHO ARE FOCUSED ON

                    THESE ISSUES.  SO TODAY WE'VE HEARD THAT THE EPA DOESN'T BAN THIS, AND

                    THEIR SCIENTISTS HAVEN'T BANNED IT.  AND WE'VE HEARD TODAY THAT THE DEC

                    AND OUR OWN SCIENTISTS ARE NOT RECOMMENDING A BAN.  AND THEN WE'VE

                    HEARD FROM OUR AGRICULTURAL REPRESENTATIVES.  AND ONE OF THE GREAT

                    STRENGTHS OF OUR -- OF OUR ASSEMBLY IS THAT WE HAVE PEOPLE WITH

                    EXPERTISE.  AND INDEED, ON THE FLOOR OF THIS ASSEMBLY WE HAVE PEOPLE

                    WHO HAVE SPENT THEIR ENTIRE LIFE IN AGRICULTURE.  AND THEY'VE POINTED

                    OUT THAT THE PROCESS OF USING A TREATED SEED IS ONE OF THE MOST EFFECTIVE

                    AND ENVIRONMENTALLY RESPONSIBLE MANNER OF CONTROLLING PESTS.  SO, WHY

                    ARE WE TALKING ABOUT A TOTAL BAN?  IF THE SCIENTISTS AT OUR DEC, IF THE

                    SCIENTISTS AT THE EPA ARE NOT RECOMMENDING IT AND OUR AGRICULTURAL

                    INDUSTRY POINTS OUT THAT IT'S BEING USED IN A VERY RESPONSIBLE MANNER

                    AND THE TOXICITY IS A FRACTION OF WHAT IT USED TO BE AND THE DATA SHOWS

                    THAT BEE COLONIES ARE INCREASING, NOT GOING DOWN, WHY ARE WE BANNING

                                         137



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    IT?  IT'S ALMOST AS THOUGH WE COME HERE TO ALBANY, AND AS WE GET CLOSER

                    AND CLOSER TO THE CAPITOL BUILDING WE BECOME MORE AND MORE EXPERT

                    ABOUT SUBJECTS WE'VE NEVER CONSIDERED.  SO EXPERT THAT WE FEEL

                    COMFORTABLE BANNING CHEMICALS THAT WE CAN'T PRONOUNCE, THAT WE'VE

                    NEVER STUDIED, THAT WE HAVE NO SCIENTIFIC BACKGROUND ON, AND THAT ALL

                    OF THE EXPERTS IN BOTH THE INDUSTRY AND IN THE DEC AND THE EPA SAY

                    DOES NOT NEED TO BE BANNED.  AND IN THE PROCESS WE HURT REAL PEOPLE.

                    WE HURT THE FARMING FAMILIES WHOSE LIVELIHOOD DEPENDS ON A

                    SUCCESSFUL CROP.  WE HURT OUR FRIENDS AND NEIGHBORS WHO ARE VERY

                    CONCERNED ABOUT THE INCREASE IN COST OF FOOD WHICH IS DIRECTLY RELATED

                    TO SUPPLY AND DEMAND.  WE HURT OUR FRIENDS AND NEIGHBORS WHO KEEP

                    HOPING THAT THE COST OF GAS WILL GO DOWN ALONG WITH THE COST OF THE

                    ETHANOL THAT'S USED TO PRODUCE IT.  THAT'S NOT THE RIGHT APPROACH.  THE

                    REASON WE'VE DEBATED THIS SO MUCH TODAY, ON A GETAWAY DAY, IS BECAUSE

                    IT IS SO INCREDIBLY IMPORTANT TO THE AGRICULTURAL INDUSTRY.  AND WE

                    CANNOT AFFORD TO IGNORE THEIR WISDOM AND THEIR EXPERTISE BY BANNING A

                    PRODUCT THAT'S NOT BANNED BY THE EPA OR THE DEC.

                                 SO MY FRIENDS, LET'S LISTEN TO THE PEOPLE WHO KNOW

                    WHAT THEY'RE TALKING ABOUT.  AND WHILE I APPRECIATE EVERYONE'S

                    COMMENTS, NONE OF THE PEOPLE WHO SPOKE TODAY ARE CHEMICAL SCIENTISTS

                    OR ENVIRONMENTAL SCIENTISTS, AND NONE OF THE PEOPLE WHO WE HIRE AS

                    SCIENTISTS ARE TELLING US THAT WE NEED TO BAN THIS.  BUT WE KNOW FROM

                    THOSE WHO STUDY THIS THAT IT CAN HAVE A DEVASTATING IMPACT ON OUR

                    AGRICULTURE IF WE BAN THIS EFFECTIVE TREATMENT.  INDEED, I DIDN'T READ THE

                    ENTIRE 400-PAGE REPORT BUT I DID LOOK AT PAGE 236 OF THE CORNELL REPORT

                                         138



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    WHICH POINTED OUT THAT IN REGIONAL FIELD TRIALS WHERE THERE WAS HIGH

                    PEST PRESSURE, YIELDING CROPS USING THIS CHEMICAL WAS ALMOST 35

                    PERCENT HIGHER THAN IF THE CHEMICAL WASN'T USED.  IMAGINE LOSING 35

                    PERCENT OF YOUR CROP.  THAT'S WHY WE'RE HERE TODAY.  THAT'S WHY WE'RE

                    DEBATING THIS.  THAT'S WHY WE'RE TAKING THE TIME TO REVIEW THIS.  AND I

                    URGE ALL OF MY COLLEAGUES, LET'S LISTEN TO THE EXPERTS IN THE AGRICULTURAL

                    FIELD.  LET'S LISTEN TO THE EXPERTS IN THE REGULATORY FIELD.  LET'S CONSIDER

                    THE IMPACT THIS WILL HAVE ON OUR FRIENDS AND NEIGHBORS ACROSS THE STATE.

                                 AND FOR THAT REASON I WILL BE RECOMMENDING AGAINST IT

                    AND WILL RECOMMEND THAT TO MY COLLEAGUES AS WELL.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. ENGLEBRIGHT.

                                 MR. ENGLEBRIGHT:  THANK YOU, MR. SPEAKER.  SO,

                    JUST, YOU KNOW, A PERSPECTIVE HERE.  I'M READING FROM A MEMORANDUM

                    OF SUPPORT FROM THE NATURAL RESOURCES DEFENSE COUNCIL.  I'D LIKE TO

                    READ JUST A PORTION OF IT.  WIDESPREAD SCIENTIFIC -- THIS IS QUOTE --

                    WIDESPREAD SCIENTIFIC CONSENSUS IDENTIFIES NEONICS AS A LEADING AND

                    PREVENTABLE CAUSE OF THE POLLINATOR CRISIS, INCLUDING A RECENT MASSIVE

                    STATE-COMMISSIONED CORNELL UNIVERSITY ANALYSIS OF OVER 1,100 PEER-

                    REVIEWED NEONIC STUDIES.  A SIGNIFICANT AND GROWING BODY OF RESEARCH

                    LINKS NEONICS TO LOSSES OF BIRDS, THE COLLAPSE OF FISHERIES AND BIRTH

                    DEFECTS IN WHITE-TAILED DEER.  FORTUNATELY, MOST NEONIC USES ARE NOT

                    NEEDED.  THE CORNELL REPORT FINDS THAT NEONIC-TREATED CORN, SOYBEAN

                    AND WHEAT SEEDS POSE A SUBSTANTIAL RISK FOR POLLINATORS, BUT, QUOTE, NO

                    OVERALL NET INCOME BENEFITS TO FARMERS.  WE'VE SPENT MOST OF OUR TIME

                                         139



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    HERE TALKING ABOUT BEES, APPROPRIATELY, BUT I HAVE A MEMORANDUM OF

                    SUPPORT FOR THIS MEASURE FROM AUDUBON NEW YORK.  I'LL READ JUST A

                    PORTION OF THAT.  QUOTE, BIRD SPECIES THAT USE FARMLANDS, GRASSLANDS OR

                    SHRUBLANDS AS HABITAT ARE EXPECTING STRONG AND PERVASIVE DECLINES.

                    POPULATIONS OF GRASSLAND BIRDS HAVE DECLINED BY 40 PERCENT SINCE

                    1966, INCLUDING A 74 PERCENT DECLINE OF FARMLAND BIRD SPECIES AND A

                    61 PERCENT DECLINE OF INSECT -- INSECTIVOROUS BIRD SPECIES.  THE PATTERN

                    OF THESE DECLINES SUGGEST THAT AGRICULTURAL PESTICIDES SUCH AS NEONICS

                    ARE IMPACTING THESE POPULATIONS.  BIRDS ARE ALSO DIRECTLY IMPACTED

                    WHEN NEONICS LEECH INTO NEARBY PONDS AND WETLANDS WHERE THEY KILL

                    THE LARVAE OF NON-TARGET INSECTS SUCH AS MIDGES AND CADDISFLIES WHICH

                    ARE IMPORTANT AS FOOD SOURCES FOR INSECTIVOROUS BIRDS.  DUE TO THESE

                    IMPACTS, THE USE OF NEONICOTINOIDS INSECTICIDES, PARTICULARLY IN AREAS

                    WHERE VULNERABLE BIRDS SPECIES OR THEIR PREY MAY COME INTO CONTACT

                    WITH NEONICS, SHOULD BE GREATLY REDUCED OR ELIMINATED.  REDUCTION IN

                    THE USE OF NEONICOTINOIDS AND OTHER PESTICIDES MAY HELP ENSURE THE

                    CONSERVATION OF VULNERABLE GRASSLAND, FARMLAND AND BACKYARD BIRDS

                    THAT ARE ALREADY SUFFERING DUE TO HABITAT LOSS AND THE EFFECTS OF CLIMATE

                    CHANGE.  THERE IS AN OVERWHELMING AMOUNT OF INFORMATION THAT

                    SUGGESTS THAT WE SHOULD BE PROCEEDING IN THE DIRECTION THAT THIS VERY

                    WELL-WRITTEN MEASURE, WHICH IS THE COMPILATION OF HUNDREDS OF

                    INDIVIDUALS WHO HAVE STUDIED THIS, THE CORNELL STUDY ALONE IS 1,100

                    PROFESSIONAL ECOLOGISTS AND -- AND MEDICAL RESEARCHERS.  I THINK IT IS

                    PRUDENT WHEN WE SEE THE BIOMASS -- I MEAN, WE DON'T HAVE LIKE TO HAVE

                    INSECTS BOTHERING US.  I -- I GET THAT.  BUT WHEN THE BIOMASS OF INSECTS IS

                                         140



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DECREASED, THE ENTIRE ECOLOGY OF THE STATE IS AT RISK.  THAT'S WHAT WE'RE

                    LOOKING AT AND THAT'S WHAT THIS MEASURE IS MEANT TO ADDRESS.

                                 I STRONGLY URGE MY COLLEAGUES TO VOTE YES.  THANK

                    YOU, SIR.

                                 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 7429-A.  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

                    CONFERENCE IS GENERALLY OPPOSED TO THIS BILL.  THOSE WHO SUPPORT IT CAN

                    CERTAINLY VOTE SO ON THE FLOOR OF THE ASSEMBLY OR BY CONTACTING THE

                    MINORITY LEADER'S OFFICE AND ADVISING THEM.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF

                    THIS ENVIRONMENTALLY-FRIENDLY PIECE OF LEGISLATION.  HOWEVER, SHOULD

                    THERE BE COLLEAGUES THAT DECIDE TO BE AN EXCEPTION THEY SHOULD REACH

                    OUT TO THE MAJORITY LEADER'S OFFICE SO THAT WE MIGHT PROPERLY RECORD

                                         141



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THEIR VOTE.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MA'AM.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. LEMONDES TO EXPLAIN HIS VOTE.

                                 MR. LEMONDES:  THANK YOU, MR. SPEAKER.  I'D JUST

                    LIKE TO SAY THAT VERY SIMPLY, BOILING THIS DOWN TO ITS MOST BASIC

                    ELEMENT, TREATED SEEDS ENABLE GREATER CROP YIELDS AND DECREASED

                    APPLICATION RATES, ALL OF WHICH DRIVE MORE RESPONSIBLE BEHAVIOR.  WE

                    WILL LOSE THAT IF WE HAVE TO RETURN TO (INAUDIBLE) CHEMISTRIES.

                    ADDITIONALLY, FAILURE TO IDENTIFY EFFECTIVE ALTERNATIVES IS NOT A VIABLE

                    COURSE OF ACTION IN ANY ENDEAVOR ANYWHERE, ANY TIME.  IT SIMPLY WOULD

                    CREATE A VOID THAT WOULD ULTIMATELY COST ALL OF US MORE AND REDUCE OUR

                    FOOD AVAILABILITY AND OUR YIELDS.  ADDITIONALLY, THE LACK OF A WRITTEN

                    STATEMENT OF EMERGENCY FROM THE DEC AND AG AND MARKETS TO

                    WITHHOLD USE OF THIS -- OF THESE COMPOUNDS DOES NOT EXIST -- OR EXCUSE

                    ME, IT IS NOT PRESENT.  THEREFORE, THOSE -- THOSE ORGANIZATIONS CHARTERED

                    TO MANAGE THE USE OF THESE COMPOUNDS HAVE NOT SAID THAT THEY SHOULD

                    NOT BE USED.  STRUCTURALLY, IF WE LEGISLATE ABOVE AND OVER THEIR

                    AUTHORITY WE SET A -- A DANGEROUS PRECEDENT OF INFRINGING ON THE

                    PURPOSE FOR WHICH WE'VE ESTABLISHED THOSE ORGANIZATIONS.  WHAT'S

                    NEXT?  LAST, PRODUCE -- THE PRODUCERS OF OUR FOOD NEED OPTIONS.  AS OUR

                    MINORITY CHAIR HAS SAID SO MANY TIMES, NO FARMS, NO FOOD.  THIS BOILS

                    DOWN TO SCIENTIFIC PRINCIPLES IN THEIR APPLICATION, AND THERE'S A BALANCE

                    BETWEEN PUBLIC SAFETY AND A BALANCE FOR FOOD PRODUCTION.  AND THAT

                                         142



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    FOOD PRODUCTION HAS TO BE AVAILABLE FOR ALL OF US.  IT HAS TO BE CHEAP

                    ENOUGH FOR PEOPLE TO BUY AND ACCESS, AND WITHOUT THAT WE -- WE LOSE --

                    WE LOSE OUR FOOD BASE.

                                 LAST, I WOULD ASK YOU TO RECOGNIZE THAT EVERY INPUT

                    THAT EVERY FARMER APPLIES TO THEIR LAND COSTS MONEY.  SO THIS COMES

                    DOWN TO THE ISSUE OF TRUST.  DO YOU TRUST US, THOSE OF US WHO PRODUCE

                    THE FOOD FOR ALL OF US, OUR OWN FAMILIES EAT IT AS WELL, DO YOU TRUST US TO

                    MAKE THE RIGHT DECISION?  THAT'S WHAT I WOULD LEAVE YOU WITH.

                                 THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MS. GRIFFIN.

                                 MS. GRIFFIN:  THANK YOU, MR. SPEAKER.  I APPLAUD

                    THE SPONSOR OF THIS BILL SINCE NUMEROUS STUDIES SCIENTISTS HAVE

                    CONVEYED THAT NEONICOTINOIDS AND THEIR DERIVATIVES HAVE PROVEN TO BE

                    EXTREMELY HARMFUL TO WILDLIFE AND HUMANS.  A RECENT STUDY CITED FROM

                    2021 WITH THE INCREASED RAINFALL IN THE GROWING MONTHS CAUSED RUNOFF

                    THAT HAS LITERALLY WIPED OUT SEA LIFE SUCH AS OYSTERS, CLAMS AND LOBSTERS.

                    THERE'S JUST NUMEROUS STUDIES THAT WILL TELL THE SAME THING.  THIS BILL

                    PROVIDES TIME FOR SCIENTISTS TO PRESENT SAFER ALTERNATIVES THAT FARMERS

                    CAN USE, AS THIS WON'T BE PROHIBITED UNTIL 2025.  CLEARLY, IT IS ESSENTIAL

                    TO PROTECT OUR CHILDREN, OURSELVES, WILDLIFE AND SEA LIFE FROM THESE

                    DANGEROUS PESTICIDES.

                                 I AM PROUD TO COSPONSOR THIS BILL, I APPLAUD THE

                    SPONSOR AND I VOTE IN THE AFFIRMATIVE.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. GRIFFIN IN THE

                                         143



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    AFFIRMATIVE.

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU, SIR, TO EXPLAIN MY VOTE.

                    OBVIOUSLY I'VE EXPLAINED A LOT OF THE RATIONALE WHEN I SPOKE ON THE

                    BILL, BUT I JUST WANTED TO POINT OUT THAT AS OUR COLLEAGUES HAVE

                    MENTIONED, CORNELL UNIVERSITY DID A VERY COMPREHENSIVE STUDY ON THIS

                    SUBJECT.  AS WAS MENTIONED, THEY CITED OVER 1,000 DIFFERENT STUDIES.

                    THE REPORT IS ABOUT 400 PAGES LONG.  AND WHAT'S NOT IN THE REPORT IS THE

                    RECOMMENDING -- A RECOMMENDATION THAT THIS PROCESS BE BANNED.  SO IF

                    CORNELL, WHO STUDIED THIS REPORT AND IS RECOGNIZED AS EXPERTS BY

                    EVERYONE, AND LISTED OVER 1,000 DIFFERENT STUDIES, DID NOT RECOMMEND

                    BANNING THIS PRODUCT WHEN USED PROPERLY WE SHOULDN'T EITHER, AND

                    THAT'S THE REASON, AMONGST OTHERS, THAT I'M VOTING NO.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL IN THE

                    NEGATIVE.

                                 MR. MANKTELOW.

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

                    EXPLAIN MY VOTE.

                                 ACTING SPEAKER AUBRY:  TO EXPLAIN YOUR VOTE,

                    SIR.

                                 MR. MANKTELOW:  AS MY COLLEAGUE TO MY LEFT

                    HAD JUST SAID, THIS IS ABOUT A TRUST FACTOR AS WELL.  I'VE LOOKED AT ALL THE

                    STUDIES PROS AND CONS.  THERE'S HUNDREDS OF STUDIES OUT THERE.

                    HUNDREDS.  AND NOT ONE STUDY WAS THAT STUDY INCLUSIVE TO THE NEONICS

                                         144



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    FOR TAKING OUT BIRDS OR BEES.  THERE ARE MANY DIFFERENT FACTORS,

                    INCLUDING, AS I SAID, THE WEATHER, MIGRATORY FLIGHTS OF BIRDS THAT COME

                    IN AND OUT OF OUR AREAS.  AND AS A FARMER WHO DEALT -- WHO HAS WORKED

                    WITH THESE PRODUCTS FOR -- FOR AS LONG AS I'VE BEEN AROUND, IF I TRULY

                    THOUGHT THEY WERE AN ISSUE TO THE PUBLIC I WOULD BE THE FIRST ONE UP

                    HERE PUSHING A BILL TO STOP THE USE OF THOSE PRODUCTS.  MY CHILDREN,

                    WHO ARE IN OUR FIELDS, IN OUR SOYBEAN FIELDS, IN OUR CORNFIELDS, EATING

                    SOME OF THOSE PRODUCTS, THE SWEET CORN THAT WE GREW.  AND I TRUST OUR

                    EPA, I TRUST OUR DEC, I TRUST US AS FARMERS AND GROWERS THAT IF IT'S TRULY

                    AN ISSUE, THEY WOULD LET US KNOW.  I WOULD BE SAYING SOMETHING.  SO

                    AGAIN, WE'RE PROVIDING A SAFE FOOD PRODUCT THROUGH AGRICULTURE THAT IF

                    WE BAN THIS WE'LL BE GETTING MORE PRODUCTS IN FROM OUTSIDE OF OUR

                    STATE, OUTSIDE OF OUR COUNTRY, THAT ARE NOT REGULATED BY THE EPA OR

                    DEC.  SO REALLY, WHAT'S IN THOSE?  LET'S -- LET'S CONTINUE TO MOVE

                    FORWARD.  LET -- AS I SAID, LET THE INDUSTRY HELP MAKE THE CHANGES THAT

                    ARE NECESSARY.  WE, AS AMERICANS, WE, AS FARMERS, WE, AS PRODUCERS,

                    WE CAN DO THIS AND WE KNOW WE CAN.  WE JUST SENT FOUR -- FOUR

                    INDIVIDUALS TO THE SPACE STATION.  IF WE CAN DO THAT, WE CAN TAKE CARE

                    OF THIS.

                                 SO AGAIN, I'M GOING TO SAY LET'S WORK THROUGH THIS AND

                    I'LL BE VOTING IN THE NEGATIVE.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.  MR.

                    MANKTELOW IN THE NEGATIVE.

                                 MS. GALLAGHER TO EXPLAIN HER VOTE.

                                 MS. GALLAGHER:  I WOULD LIKE TO COMPLIMENT THE

                                         145



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    SPEAKER ON THIS FANTASTIC PIECE OF LEGISLATION.  I TRULY BELIEVE THAT WE

                    ARE NOT JUST HERE TO PROTECT HUMANKIND, WE ARE HERE TO PROTECT THE

                    ENTIRE ECOSYSTEM BECAUSE THE ENTIRE ECOSYSTEM ACTUALLY PROTECTS US.

                    AND IT IS INCREDIBLY IMPORTANT THAT WE'RE THINKING ABOUT THE

                    INTERCONNECTEDNESS OF THE COMMUNITIES THAT WE LIVE IN WITH THE -- THE

                    THINGS THAT ARE LIVING THAT ARE NOT HUMAN.  BUT YOU'RE RIGHT.

                                 SO I -- I REALLY WANT TO COMMEND THE SPONSOR.  I'M

                    VOTING IN THE AFFIRMATIVE AND I LOOK FORWARD TO MORE LEGISLATION THAT

                    REGULATES INDUSTRY FOR THE SAFETY OF OUR -- OUR EARTH.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MS. GALLAGHER IN THE

                    AFFIRMATIVE.

                                 MR. GOODELL.

                                 MR. GOODELL:  THANK YOU, SIR.  NOTWITHSTANDING

                    MY RECOMMENDATIONS ON THIS BILL, PLEASE RECORD THE FOLLOWING

                    COLLEAGUES IN THE AFFIRMATIVE:  MR. DESTEFANO, MR. DURSO, MR. MICHAEL

                    LAWLER, MR. MIKULIN, MR. SCHMITT AND MR. SMITH.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MRS. PEOPLES-STOKES.

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

                    WOULD PLEASE RECORD OUR COLLEAGUES MR. STIRPE, MS. LUPARDO AND MS.

                    BUTTENSCHON IN THE NEGATIVE ON THIS PIECE OF LEGISLATION.  THANK YOU,

                    SIR.

                                 ACTING SPEAKER AUBRY:  SO NOTED.  THANK

                    YOU.

                                         146



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 6, RULES REPORT NO. 86, THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. S06919, RULES REPORT NO.

                    86, SENATOR KENNEDY (A07703, MCMAHON).  AN ACT TO AMEND THE

                    PUBLIC SERVICE LAW, IN RELATION TO ALLOWING CERTAIN CUSTOMER-

                    GENERATORS WHO GENERATE SOLAR ELECTRICITY TO DONATE CREDIT FOR SUCH

                    ELECTRICITY TO LOW-INCOME FAMILIES.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL.

                                 MR. GOODELL:  THANK YOU.  WOULD THE SPONSOR

                    YIELD?

                                 MS. MCMAHON:  CERTAINLY.

                                 ACTING SPEAKER AUBRY:  MS. MCMAHON

                    YIELDS, SIR.

                                 MR. GOODELL:  THANK YOU, MS. MCMAHON.  AS I

                    UNDERSTAND THIS, WHAT THE BILL DOES IS PROVIDE THAT IF YOU ARE ENGAGED IN

                    NET METERING, WHICH MEANS YOUR METERS RUNS BACKWARDS IN A SENSE, IF

                    YOU'RE GENERATING YOUR OWN POWER AND YOU FEED IT INTO THE GRID THAT

                    YOU CAN TAKE ANY EXCESS CREDIT THAT YOU'VE ACCUMULATED BY SUPPLYING

                    MORE POWER THAN YOU USE AND DONATE IT FOR LOW-INCOME CUSTOMERS; IS

                    THAT CORRECT?

                                 MS. MCMAHON:  THAT IS EXACTLY CORRECT, MR.

                    GOODELL.

                                 MR. GOODELL:  AND THE QUESTION IS A PRACTICAL

                                         147



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    QUESTION.  HOW ARE THOSE LOW-INCOME CREDITS THEN ALLOCATED?  ARE THEY

                    ALLOCATED ON AN INCOME BASIS SO THAT IF YOU'RE -- THE LOWER YOUR INCOME

                    THE MORE THE CREDITS YOU GET, OR IS IT -- AND IS IT ALLOCATED BY THE UTILITY

                    COMPANY OR IS IT ALLOCATED STATEWIDE?  CAN YOU EXPLAIN HOW THOSE ARE

                    ALLOCATED?

                                 MS. MCMAHON:  CERTAINLY.  THE PUBLIC SERVICE

                    COMMISSION WOULD TAKE CARE OF SETTING UP THE SYSTEM, AND THEY WOULD

                    USE CRITERIA SIMILAR TO THE -- EMPLOYED BY PROGRAMS LIKE THE HEAP

                    PROGRAM WHICH WE'RE ALL FAMILIAR WITH, THE HEATING ASSISTANCE

                    PROGRAMS.  AND THE CRITERIA THEY WOULD USE WOULD INCLUDE THE PRESENCE

                    OF INDIVIDUALS UNDER THE AGE OF SIX OR OVER 60, INDIVIDUALS WITH

                    PERMANENT DISABILITY, HOUSEHOLD SIZE, HOUSEHOLD INCOME AND PRIMARY

                    HEATING AND/OR COOLING SOURCE, SIMILAR TO WHAT WE DO WITH HEAP.

                                 MR. GOODELL:  IS IT -- I -- I UNDERSTAND THAT THE BILL

                    FALLS ON THE PUBLIC SERVICE COMMISSION TO FIGURE IT OUT SO THAT WE DON'T

                    HAVE TO.  THAT'S PROBABLY A WISE MOVE.  IS THERE ANY INDICATION IN THE

                    BILL WHETHER THE CREDITS ARE REALLOCATED ON A UTILITY BASIS OR ON A

                    GEOGRAPHIC BASIS OR ON A STATEWIDE BASIS?

                                 MS. MCMAHON:  IT WOULD BE THROUGH EACH

                    INDIVIDUAL UTILITY.

                                 MR. GOODELL:  OKAY.  THANK YOU VERY MUCH.

                                 MS. MCMAHON:  YOU'RE WELCOME.

                                 ACTING SPEAKER AUBRY:  READ THE LAST SECTION.

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

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                                         148



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THE VOTE ON SENATE PRINT 6919.  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. GOODELL TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU, SIR.  I -- I LIKE THE

                    CONCEPT OF THE ENCOURAGING PEOPLE TO DONATE TO THE POOR, AND I HOPE

                    THAT WE CAN REVISIT THIS IN THE FUTURE BECAUSE I'M NOT EXACTLY SURE HOW

                    UTILITY COMPANIES ARE SUPPOSED TO KNOW HOW MANY PEOPLE LIVE IN A

                    HOUSEHOLD, HOW MANY OF THEM ARE UNDER THE AGE OF SIX, HOW MANY OF

                    THEM ARE OVER THE AGE OF 60, WHETHER THEY HAVE AN ADVERSE SITUATION

                    THAT WOULD JUSTIFY A SPECIAL TREATMENT.  I MEAN, NORMALLY WHEN A UTILITY

                    COMPANY IS JUST DELIGHTED TO KNOW WHAT MY METER NUMBER IS, WHAT MY

                    ADDRESS IS AND WHETHER I'VE PAID.  SO IT WOULD BE AN INTERESTING

                    EXPERIMENT IN SOCIAL SCIENCE TO SEE HOW A UTILITY COMPANY CALCULATES

                    THE HOUSEHOLD DEMOGRAPHICS FOR THE PURPOSES OF ALLOCATING THESE

                    CREDITS.  BUT THE GENERAL CONCEPT OF BEING ABLE TO DONATE A UTILITY CREDIT

                    CERTAINLY I FIND APPEALING AND I SUSPECT WE MAY BE BACK TO FLESH OUT

                    SOME OF THOSE DETAILS.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL IN THE

                    AFFIRMATIVE.

                                 MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I ACTUALLY AM TRYING TO (INAUDIBLE) EXACTLY WHAT MR. GOODELL

                                         149



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    JUST SAID BECAUSE I THINK THIS IS AN INTERESTING CONCEPT.  IT ACTUALLY IN

                    SOME WAYS ALREADY WORKS.  IN THE CITY OF BUFFALO A COUPLE YEARS BACK

                    NATIONAL GRID ACTUALLY INSTALLED SOLAR PANELS ON PEOPLE'S HOMES WHO

                    LIVE IN AND AROUND THE MEDICAL CORRIDOR IN BUFFALO.  IT'S CALLED THE

                    FRUIT BELT NEIGHBORHOOD, AND IT IS MOSTLY A LOW-INCOME NEIGHBORHOOD.

                    AND THE FACT THAT THEY INSTALLED THESE SOLAR PANELS ON THESE LOW-INCOME

                    FOLKS' HOMES IT ACTUALLY SAVED THEM ENERGY AND THEY WERE ALLOWED TO

                    SHARE THEIR CREDITS NOT JUST WITH THEIR NEIGHBORS BUT WITH THE LARGER GRID

                    AT THE MEDICAL CORRIDOR, THE HOSPITALS THAT ARE IN AROUND THERE.  SO I

                    THINK THIS IS A GREAT CONCEPT.  I LIKE THE WAY IT'S GOING WITH THIS

                    CONVERSATION.  AND I THINK WE SHOULD TRY TO GROW ON THIS AS AN ISSUE

                    BECAUSE IT IS THE WAY TO ENSURE THAT WE HAVE A SUSTAINABLE ENVIRONMENT

                    OF OUR ELECTRICITY AND ACCESS TO ENERGY INTO THE YEARS COMING.

                                 SO I WANT TO CONGRATULATE THE SPONSOR OF THIS

                    LEGISLATION AND I'M VERY EXCITED ABOUT THE OPPORTUNITY TO VOTE FOR IT.

                    THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES

                    IN THE AFFIRMATIVE.

                                 MS. MCMAHON TO EXPLAIN HER VOTE.

                                 MS. MCMAHON:  THANK YOU, MR. SPEAKER.  I WOULD

                    JUST LIKE TO ACKNOWLEDGE MY CONSTITUENT, DR. TREVOR KRABBENHOFT, WHO

                    ACTUALLY BROUGHT THIS IDEA TO ME AND I THOUGHT IT WAS JUST A -- A

                    PRACTICAL YET REALLY WONDERFUL IDEA AND A WAY TO SORT OF SHARE THE

                    WEALTH AMONG THOSE WHO MAY HAVE THE ABILITY TO TAKE ADVANTAGE OF

                    RENEWABLE ENERGY AND THOSE LOWER-INCOME CUSTOMERS WHO DO NOT.

                                         150



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 SO THANK YOU, DR. KRABBENHOFT, FOR HELPING BRING THIS

                    IDEA TO THE FLOOR.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.  MS.

                    MCMAHON IN THE AFFIRMATIVE.

                                 MR. GOODELL.

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

                    COLLEAGUES MR. DIPIETRO AND MR. FRIEND IN THE NEGATIVE.

                                 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 6, RULES REPORT NO. 87, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A08143-A, RULES

                    REPORT NO. 87, FAHY, CUSICK, MCDONALD, L. ROSENTHAL, BURKE, STECK,

                    SEAWRIGHT, SIMON, JACOBSON, DAVILA, GALEF, KELLES, THIELE, FORREST,

                    GONZÁLEZ-ROJAS, CARROLL, HEVESI, PAULIN, ENGLEBRIGHT, GALLAGHER,

                    STERN, SILLITTI, LUNSFORD, MEEKS, BURDICK, ABINANTI, OTIS, STIRPE,

                    MITAYNES, DILAN.  AN ACT -- AN ACT TO AMEND THE ENERGY LAW, THE

                    EXECUTIVE LAW AND THE STATE FINANCE LAW, IN RELATION TO ESTABLISHING

                    THE "ADVANCED BUILDING CODES, APPLIANCE AND EQUIPMENT EFFICIENCY

                    STANDARDS ACT OF 2022."

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MS. FAHY.

                                 MS. FAHY:  THANK YOU, MR. SPEAKER.  THIS BILL,

                                         151



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    A.8143, IS DESIGNED TO ALIGN THE ENERGY CONSERVATION CONSTRUCTION

                    CODE, COMMONLY REFERRED TO AS THE ENERGY CODE, WITH OUR CLEAN

                    ENERGY AND CLIMATE POLICY GOALS OF THE STATE AND INCREASE THE STATE'S

                    EFFICIENCY STANDARDS FOR APPLIANCES.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO.

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

                    SPONSOR YIELD FOR SOME QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. FAHY, WILL YOU

                    YIELD?

                                 MS. FAHY:  CERTAINLY.  THANK YOU.

                                 MR. PALMESANO:  THANK YOU, I APPRECIATE IT.  THE

                    FIRST QUESTION I HAD, RIGHT NOW, YOU KNOW, THE CLIMATE ACTION COUNCIL

                    IS HOLDING PUBLIC HEARINGS AROUND THE STATE ON THEIR DRAFT SCOPING PLAN.

                    WHY ARE WE MOVING FORWARD WITH THIS LEGISLATION BEFORE THEY FINISH

                    THE DRAFT SCOPING PLAN AND BRING IT BACK TO US FOR CONSIDERATION?

                    WHAT'S THE -- WHAT'S THE URGENCY TO MOVE AHEAD WITH THIS AND PUT THIS

                    IN PLACE WITHOUT HEARING THE COMMENTS THAT ARE COMING IN ON THESE --

                    THESE VERY IMPORTANT HEARINGS THAT'S REALLY GOING TO TRANSFORM THE WAY

                    ENERGY AND ELECTRICITY IS DELIVERED IN OUR STATE?  SHOULDN'T WE WAIT

                    UNTIL WE GET THROUGH THAT PROCESS FIRST?

                                 MS. FAHY:  FIRST OF ALL, IN GENERAL I THINK THAT THERE

                    IS AN URGENCY OVERALL ON -- ON CLIMATE, BUT SECONDLY, THIS WAS IN THE

                    ORIGINAL PLAN.  SO THIS IS -- THIS WAS ALREADY IN THE PLAN AND NOT -- SORRY

                    -- YES, IT'S DATED ALREADY IN THE PLAN.

                                 MR. PALMESANO:  ALL RIGHT.  AND THE CODE

                                         152



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    CHANGES CAN REALLY HAVE A SIGNIFICANT IMPACT ON COST EFFECTS ON BOTH

                    THE CONSTRUCTION OF NEW FACILITIES, NEW HOMES AND ALSO THE

                    REHABILITATION OF EXISTING HOMES, CORRECT?

                                 MS. FAHY:  YES.

                                 MR. PALMESANO:  OKAY.  AND CURRENTLY THE CODE

                    COUNCIL, WHEN THEY MAKE CHANGES TO ENERGY CODE IT HAS TO ENSURE THAT

                    THE CODE REMAINS COST-EFFECTIVE.  IT'S REALLY TO DETERMINE WHETHER THE

                    CODE REMAINS COST-EFFECTIVE.  THE COUNCIL CONSIDERS WHETHER THE COST

                    OF THE MATERIALS AND THEIR INSTALLATION WOULD BE EQUAL TO OR LESS THAN

                    THE PRESENT VALUE OF THE ENERGY SAVINGS THAT COULD BE EXPECTED OVER A

                    10-YEAR PERIOD.  THIS BILL REPLACES THAT LANGUAGE WITH A DIFFERENT

                    METHODOLOGY THAT CONSIDERS (INAUDIBLE) THE LIFECYCLE COSTS FOR A

                    BUILDING AND HOW THAT WOULD BE COVERED THROUGH THE DESIGNED LIFE OF

                    THE BUILDING.  HOW DOES THIS -- THE SECONDARY AND SOCIETAL EFFECTS TO

                    WHETHER -- WHETHER THERE'S CHANGES TO THE ENERGY CODE REMAIN

                    AFFORDABLE FOR CONSUMERS WITH THIS CHANGE TO THE 10-YEAR LIFECYCLE THAT

                    TAKE INTO ACCOUNT AFFORDABILITY?

                                 MS. FAHY:  WE'VE RECEIVED A COUPLE OF DOZEN

                    SUPPORT MEMOS ON THIS, AND PARTLY BECAUSE EVERY ESTIMATE WE'VE SEEN

                    IS THAT THERE WOULD BE A SAVINGS FOR THE CONSUMER.  THE -- THE

                    IMPORTANCE OF THE LIFECYCLE COST IS THAT IT WOULD TAKE INTO CONSIDERATION

                    ACQUISITION, THE OPERATION, THE MAINTENANCE, THE LONG-TERM

                    MAINTENANCE AND THE CONSTRUCTION, AS WELL AS THE FUELS, MATERIALS AND --

                    AND OTHER ANCILLARY PARTS AND SERVICES.  SO THE -- WE THINK THIS IS THE

                    BETTER WAY TO ADDRESS THESE ISSUES, AND WE SPOKE ABOUT THAT EARLIER

                                         153



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    TODAY, ACTUALLY, THE LIFECYCLE COST.  SO ESSENTIALLY THIS IS BEING -- THIS IS

                    CONSIDERED TO BE A SAVINGS FOR THE CONSUMER AND -- AND SETTING A NEW

                    BAR AND FLOOR ON THESE APPLIANCES.

                                 MR. PALMESANO:  I KNOW YOU WERE TAKING

                    SOCIETAL BENEFITS SUPPOSEDLY INTO ACCOUNT NOW AS WELL, BUT THAT -- THAT'S

                    SOMETHING I -- I KNOW WE WANT TO CONSIDER.  BUT SHOULDN'T WE TAKE THAT

                    SEPARATELY?  I MEAN, HOW CAN WE ENSURE THIS MANDATE WON'T INCREASE

                    COSTS FOR HOMEOWNERS, FOR BUILDINGS, FOR MANUFACTURES, FOR

                    RECONSTRUCTION IF WE DON'T HAVE A REALLY STRICT COST-BENEFIT ANALYSIS IN

                    THAT 10-YEAR PAYBACK PERIOD TO BE CONSIDERED?  BECAUSE NOW THERE'S

                    NO 10 BACK -- 10-YEAR PAYCHECK.  WHEN YOU SPREAD IT OUT OVER THE LIFE

                    OF THE BUILDING THAT COULD BE LONGER.

                                 MS. FAHY:  I -- I WOULD SAY THAT IN MANY CASES THE

                    LIFECYCLE COST WOULD BE SHORTER IN SOME REGARD, JUST AS WE TALKED A

                    LITTLE BIT ABOUT ELECTRIC VEHICLES EARLIER TODAY.  THAT IS MUCH -- THE

                    PAYOUT ON THAT IS OFTEN CONSIDERED MUCH LESS THAN TEN YEARS, AND IT'S THE

                    SAME WITH AN APPLIANCE.  MANY APPLIANCES -- I'D LIKE TO USE THE

                    EXAMPLE OF TOASTER OVENS.  MOST PEOPLE DON'T HAVE THOSE FOR TEN YEARS,

                    AND -- BUT IT WOULD HELP THE CONSUMER -- THOSE ARE OFTEN LOW-COST

                    APPLIANCES -- IT WOULD HELP IF WE KNEW THERE WAS A BAR THAT WAS BEING

                    MET FOR EFFICIENCY SUCH THAT THE CONSUMER WOULD -- WOULD BENEFIT LONG

                    BEFORE TEN YEARS IN -- IN THAT -- IN A REDEFINED LIFECYCLE COST AND -- AND

                    HAVE SAVINGS ON WHAT ARE OFTEN REFERRED TO AS VAMPIRE ELECTRONICS.

                                 MR. PALMESANO:  WELL, THE OTHER PART OF THAT I'D

                    -- I'D LIKE TO ASK IS I KNOW EVEN, I THINK, IN THE -- THE CLIMATE -- THE

                                         154



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DRAFT SCOPING PLAN WAS JUST TALKING ABOUT ELECTRIC RETROFITTING INDICATES

                    THAT YOU NEED TO MAKE SUBSTANTIALLY -- MAKE CHANGES TO THE SHELL OF A

                    BUILDING, WHICH CAN BE ANYWHERE FROM, YOU KNOW, THE BASIC SHELL

                    WHICH COULD BE $6,400, BUT EVEN DEEP SHELL IMPROVEMENTS AS MUCH AS

                    $45,000 WHICH, AGAIN, WHICH UPFRONT COSTS, SIGNIFICANT COSTS THAT WE'RE

                    TALKING ABOUT.  HOW CAN WE EXPECT ANY HOMEOWNER OR CONSTRUCTION

                    COST [SIC] TO BE ABLE TO HANDLE THOSE TYPES OF INCREASE COST BECAUSE IT

                    HAS TO BE PART OF THAT EQUATION?

                                 MS. FAHY:  FIRST OF ALL, THERE'S -- THERE'S NO

                    REQUIREMENT HERE TO RETROFIT A BUILDING, SO THAT'S -- IT'S NOT CONSIDERED

                    MANDATORY.  YOU KNOW, THERE'S NOTHING IN HERE THAT REQUIRES YOU TO

                    RETROFIT, IT JUST THAT IT IS SETTING NEW STANDARDS FOR THAT EFFICIENCY WITH

                    THE INTENT THAT -- AND EVERY ESTIMATE THAT WE'VE SEEN IS THAT IT WOULD

                    PAY OUT IN LONG-TERM SAVINGS THROUGH EFFICIENCIES AND -- EFFICIENCIES

                    AND OTHER RELATED COST-SAVINGS.  YOU KNOW, FUEL SAVINGS, MATERIALS

                    SAVINGS.  HOPEFULLY LONGER-TERM LIFE OF THE -- THE APPLIANCE OR -- OR THE

                    BUILDING.  SO IT IS INTENDED AS A SAVINGS ACROSS THE BOARD.

                                 MR. PALMESANO:  I -- I KNOW WITH THE 10-YEAR

                    SAVINGS PAYBACK PROGRAM WE HAVE NOW THAT'S IN CURRENT CODE, THAT'S

                    USED TO DETERMINE WHAT TYPE OF INCENTIVES AND REBATES CAN BE USED TO

                    HELP MAKE THESE CHANGES AFFORDABLE TO RESIDENTS.  HOW DO YOU

                    DETERMINE THE LIFECYCLE COST, YOU KNOW, FOR THE -- THE LIFE OF THE -- LIFE

                    OF THE PROPERTY, THOSE LIFECYCLE COSTS.  (INAUDIBLE) DO AN ANALYSIS IN THIS

                    DETERMINATION BECAUSE IT'S OVER THE COST OF THE LIFECYCLE INSTEAD OF IN

                    THAT 10-YEAR PERIOD.

                                         155



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MS. FAHY:  FIRST OF ALL, IT'S A -- IT'S A REGULATORY

                    PROCESS.  THERE WILL BE PUBLIC INPUT INTO ALL OF THIS.  BUT I WILL ALSO SAY

                    JUST AS WE'VE ADDRESSED IN THE BUDGET AND I THINK WE NEED TO ADDRESS

                    MORE AND MORE, WE NEED TO INCENTIVIZE SOME OF THIS.  THERE'S A LOT OF

                    TALK IN SOME OF THE OTHER LEGISLATION THAT WE'VE DONE ABOUT, FOR

                    INSTANCE, SOME OF THE COST OF -- OF HEAT PUMPS HAS COME UP.  JUST AS WE

                    USED TO TALK ABOUT THE COST OF ELECTRIC VEHICLES, THE MORE THE MARKET

                    GROWS, THE MORE THOSE COSTS WILL COME DOWN.  BUT WE ALSO NEED

                    INCENTIVES TO EVEN OUT THOSE COSTS, THE UPFRONT COSTS OF SOME OF THESE

                    NEWER EMERGING TECHNOLOGIES OF --

                                 MR. PALMESANO:  AND YOU -- AND YOU MENTIONED

                    GEOTHERMAL HEAT PUMPS.  WE WERE AT A PUBLIC HEARING AND I SPOKE TO

                    ONE OF THE -- A PERSON FROM INDUSTRY.  I ASKED WHAT THE COST OF A

                    GEOTHERMAL HEAT PUMP WAS AND SHE SAID, WELL, BASICALLY IT DEPENDS ON

                    THE VARIETY AND (INAUDIBLE).  I SAID, WELL, GIVE ME YOUR BEST ESTIMATE.

                    SHE SAID, IT'S $35- TO $45,000.  AND THEN SHE SAID, BUT WITH REBATES

                    AND OTHER INCENTIVES IT GETS IT DOWN.  I GO, HOW MUCH DOES IT GET DOWN

                    TO THAT AT THAT POINT?  SHE SAID ABOUT $20,000.  I GUESS MY QUESTION,

                    HOW MANY PEOPLE -- YOU KNOW, LOW- OR MODERATE-INCOME PEOPLE CAN

                    AFFORD THAT?  AND TO HAVE A GEOTHERMAL HEAT PUMP YOU HAVE TO MAKE

                    THOSE SHELL IMPROVEMENTS THAT WE TALKED ABOUT, INCLUDING INSTALLATION

                    AND OTHER IMPORTANT INVESTMENTS THAT ARE SIGNIFICANT UPFRONT COSTS THAT

                    PEOPLE MIGHT NOT -- AND SENIORS AND BUSINESSES THAT HAVE TO TAKE INTO

                    CONSIDERATION THEIR DECISION IF THEY'RE GOING TO STAY IN NEW YORK AND

                    FAMILIES ARE GOING TAKE THOSE CONSIDERATIONS IF THEY CAN STAY IN NEW

                                         156



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    YORK AND AT HOME BECAUSE OF THE COST OF THE IMPROVEMENTS.  HOW IS

                    THAT TAKEN INTO ACCOUNT IN THAT MATTER?

                                 MS. FAHY:  PERSONALLY, I THINK WE NEED TO INCREASE

                    THOSE INCENTIVES, JUST AS WE HAVE BEEN DOING.  AND AGAIN, I KEEP GOING

                    BACK TO ELECTRIC VEHICLES BECAUSE WE'VE HAD INCENTIVES TO TRY TO LOWER

                    THE COST, THE INITIAL COST, AND THEN THERE'S MANY, MANY SAVINGS

                    AFTERWARDS.  SO THE LIFECYCLE COST IS ACTUALLY CHEAPER THAN TRADITIONAL

                    VEHICLES, PASSENGER VEHICLES, AT THIS POINT.  IT'S THE SAME WITH HEAT

                    PUMPS.  WE -- THERE ARE INCENTIVES OUT THERE.  WE'LL NEED TO DO MORE.

                    THIS GOES MUCH BEYOND THAT.  THIS IS FOR TRADITIONAL APPLIANCES, AND IF

                    THE APPLIANCES LAST LONGER, THE APPLIANCES SAVE YOU MORE ON YOUR

                    UTILITY COSTS.  THE ESTIMATES ARE THAT THE COST OF UPGRADING ALL OF THIS

                    COULD BE IN THE BILLIONS OF DOLLARS FOR CONSUMERS AND THERE'S MANY

                    ESTIMATES ALONG THAT LINE.  SO AGAIN, THAT'S IMPORTANT.  THAT'S WHY IT IS

                    IMPORTANT THAT WE TALK ABOUT THIS LIFECYCLE, BECAUSE IN SOME CASES IT IS

                    MUCH LESS THAN THE TEN YEARS.  AND I THINK IT'S A -- I THINK IT'S A BETTER

                    WAY TO DEFINE AND TO APPROACH THIS, WHICH IS PART OF WHY WE ARE

                    UPGRADING THIS AND -- BUT THE MATERIALS ARE INCLUDED, MACHINERY, OTHER

                    -- OTHER DEVICES ARE ALSO INCLUDED.  BUT JUST AS WE'VE INCENTIVIZED SOME

                    OF THIS ALREADY, WE NEED TO INCREASE THAT BECAUSE OF THE HIGHER -- OFTEN

                    BECAUSE OF THE HIGHER UPFRONT COSTS --

                                 MR. PALMESANO:  WHAT ABOUT THE --

                                 MS. FAHY:  -- THE PAYOUT IN THE LONG RUN.

                                 MR. PALMESANO:  ALL RIGHT.  AND I RESPECTFULLY

                    DISAGREE ABOUT LIFECYCLE COSTS VERSUS THE TEN-YEAR PAYBACK THAT -- AS FAR

                                         157



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    AS AFFECTING AFFORDABILITY BUT THAT'S ANOTHER DISCUSSION.  BUT WHAT ABOUT

                    THE REASON FOR AUTHORIZING NYSERDA TO ADOPT REGULATIONS FOR

                    PRODUCTS NOT SPECIFICALLY LISTED IN THE ENERGY LAW SECTION 6104?

                    WHAT KIND OF PRODUCTS DO YOU ENVISION NYSERDA ADOPTING STANDARDS

                    FOR UNDER THIS PROVISION?  IS IT -- USUALLY UNDER THIS CASE THERE IS AN

                    IMMEDIATE NEED OR URGENCY FOR EFFICIENCY, WHY COULDN'T THEY COME

                    BACK TO THE LEGISLATURE (INAUDIBLE) PRODUCTS YOU'VE CONSIDERED UNDER

                    THIS MATTER?

                                 MS. FAHY:  MY UNDERSTANDING IS WE HAVEN'T

                    EXPANDED THE SCOPE OF WHAT FALLS UNDER THIS.

                                 MR. PALMESANO:  YEAH, I THINK WE'VE CHANGED

                    SOMEWHERE IN THE NEIGHBORHOOD OF 79 DIFFERENT DEFINITIONS -- UP TO 60

                    TO 79 DIFFERENT DEFINITIONS IN THIS -- IN THIS BILL.  A WHOLE LIST OF THEM.

                                 MS. FAHY:  YES.  IT'S VERY MUCH A PUBLIC PROCESS

                    THAT TO -- TO WORK ACROSS THE INDUSTRY AND TO WORK ACROSS OTHER STATES,

                    BUT ESSENTIALLY IT IS THE SAME SCOPE THAT -- THAT EXISTS NOW WITH THE

                    ENERGY CODE.  AND ALTHOUGH CERTAINLY THERE HAVE BEEN -- YOU KNOW, IF

                    YOU LOOK AT MEDIA AND THE ELECTRONICS THERE ARE -- THERE ARE NEWER

                    ELECTRONICS THAT ARE GROWING THAT CAN'T BE -- THAT CAN'T BE -- I -- YOU

                    KNOW, WE CAN'T IDENTIFY EVERY SINGLE PRODUCT IN THE LEGISLATION IF -- IF

                    THAT'S WHAT YOU MEAN.  THERE IS A GROWING -- THERE IS A GROWING LIST JUST

                    AS WE, YOU KNOW, DIDN'T --

                                 MR. PALMESANO:  AND -- AND YOU THINK IT'S IN THE

                    BEST INTEREST TO GIVE THIS AUTHORITY, REGULATORY AUTHORITY, BROAD

                    AUTHORITY TO NYSERDA RATHER THAN HAVING THEM COME BACK TO THE

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                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    LEGISLATURE TO MAKE THOSE UPDATES?

                                 MS. FAHY:  YES, AND TO -- AGAIN, TO RAISE THE BAR.  I

                    MEAN -- SORRY, TO SET A MINIMUM FLOOR.  WHEN I GO TO BUY AN APPLIANCE

                    -- YOU KNOW, MANY YEARS AGO WE DIDN'T KNOW WHAT TYPE OF REFRIGERATOR

                    WE WERE BUYING.  NOW WE KNOW THAT THERE IS A FLOOR OF ENERGY

                    EFFICIENCY WHEN YOU BUY A REFRIGERATOR.  YOU WOULD APPLY THAT IN THE

                    SAME WAY TO A TV OR TO A, AGAIN, A TOASTER OVEN SO THAT YOU MIGHT HAVE

                    SOME TYPE OF FLOOR.  IT'S ALSO HELP -- IT'S HELPING -- IN MY VIEW IT'S

                    HELPING TO EDUCATE THE CONSUMER BECAUSE IF YOU PAY $5 MORE ON A

                    TOASTER OVEN YOU MIGHT GET A MUCH MORE EFFICIENT, LONGER-LASTING,

                    BETTER-BUILT TOASTER OVEN FOR A SMALL -- A SLIGHT INCREMENTAL INCREASE.

                    SO I JUST THINK IT'S --

                                 MR. PALMESANO:  OKAY.

                                 MS. FAHY:  LET ME ALSO JUST ADD, WE ALSO ARE -- ONE

                    OF THE PROBLEMS THAT WE HAVE WITH CHEAPER LOW-END APPLIANCES IS THAT

                    THEY END UP -- THEY ARE FILLING OUR LANDFILLS, AND WE SAW THAT WHEN WE

                    TRANSITIONING WITH TVS ABOUT FIVE OR EIGHT YEARS AGO.  SO INEFFICIENT

                    APPLIANCES BECOME A DUMPING GROUND.  WE WANT TO MAKE SURE THAT WE

                    ARE WORKING WITH OTHER STATES AS WE -- AS WE RAISE THAT FLOOR, IF YOU

                    WILL.

                                 MR. PALMESANO:  WOULD THIS PROVISION AUTHORIZE

                    NYSERDA TO ADOPT EFFICIENCY STANDARDS FOR INDUSTRIAL AND/OR

                    COMMERCIAL EQUIPMENT?

                                 MS. FAHY:  YES.  YES.

                                 MR. PALMESANO:  OKAY.

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                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MS. FAHY:  THEY ARE -- THAT -- THAT'S NOT EXPANDED

                    AUTHORITY, THEY ALREADY HAVE THAT AUTHORITY UNDER THE ENERGY CODE,

                    AGAIN.

                                 MR. PALMESANO:  ANOTHER BIG ISSUE IN THIS BILL

                    THAT I NOTICED AND THAT SOME OF MY COLLEAGUES NOTICED IS RELATIVE TO

                    HISTORIC BUILDINGS.  BECAUSE CURRENTLY BEFORE THIS PASSES AND IS SIGNED

                    INTO LAW, HISTORIC BUILDINGS ARE EXEMPT FROM THE ENERGY CODE.  BUT THIS

                    BILL WOULD REQUIRE THE CODE COUNCIL TO PROVIDE EXEMPTIONS FOR HISTORIC

                    BUILDINGS TO THE EXTENT THAT THE CODE REQUIREMENTS WOULD THREATEN,

                    DEGRADE OR DESTROY THE HISTORIC FORM, FABRIC OR FUNCTION OF THE BUILDING.

                    SO MY QUESTION IS, DOES THIS MEAN THAT THE CODE COUNCIL WILL NOW

                    PROVIDE A LIST OF AUTOMATIC EXEMPTIONS FOR HISTORIC BUILDINGS OR THAT

                    EVERY SINGLE EXEMPTION REQUESTED FOR AN HISTORIC BUILDING HAS TO BE

                    SEPARATED -- SEPARATELY CONSIDERED AND DETERMINED BY THE CODE

                    COUNCIL?

                                 MS. FAHY:  MY UNDERSTANDING THIS IS CONFORMING

                    WITH OTHER -- WITH OTHER INTERNATIONAL LAW AND CODES.  YES, SO WE'RE

                    REMOVING THE CURRENT EXEMPTION, BUT IT DOES REQUIRE THE -- CONSULTATION

                    WITH THE -- THE CODE COUNCIL AS WELL AS WITH PARKS AND RECREATION, AND

                    WILL STILL AUTHORIZE EXEMPTIONS WHERE IT WOULD THREATEN OR DEGRADE OR

                    DESTROY THE -- THE HISTORIC NATURE OF THE BUILDING.

                                 MR. PALMESANO:  BUT WILL THEY HAVE -- WILL THEY

                    BE LISTED OUT OR WOULD IT HAVE TO COME --

                                 MS. FAHY:  I'M SORRY?

                                 MR. PALMESANO:  WOULD THEY ALREADY BE LISTED

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                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    OUT WHAT THOSE EXEMPTIONS ARE OR THEY GOING TO HAVE TO APPLY FOR EACH

                    AND EVERY ONE?  BECAUSE RIGHT NOW THEY JUST HAVE EXEMPTION FROM THE

                    LAW.

                                 MS. FAHY:  RIGHT NOW THERE -- IT IS AN EXEMPTION

                    THAT'S BEING REMOVED BUT THEY STILL HAVE THE ABILITY TO AUTHORIZE

                    EXEMPTIONS, AGAIN, WHERE IT WOULD THREATEN OR -- OR DEGRADE --

                                 MR. PALMESANO:  BUT THIS WOULD HAVE TO BE DONE

                    ON A CASE-BY-CASE -- BECAUSE WE HAVE I DON'T KNOW HOW MANY HISTORIC

                    BUILDINGS THROUGHOUT THE STATE.

                                 MS. FAHY:  NO.  THIS -- THIS CAN BE DONE AS PART OF

                    THE PLANNING PROCESS AND THE -- THE REGULATORY PROCESS.  I WOULD HOPE

                    IT'S NOT ON AN INDIVIDUAL BASIS.  I THINK WE NEED --

                                 MR. PALMESANO:  SO WE DON'T HAVE ANY --

                                 MS. FAHY:  -- SOME STANDARDIZATION HERE, BUT WE ARE

                    -- BUT YES, THE -- THE BROAD EXEMPTION IS BEING REMOVED BUT THE INTENT

                    IS NOT TO MAKE IT CASE-BY-CASE.  IT IS MEANT TO -- TO CONTINUE TO HAVE THIS

                    JUST -- TO CONTINUE TO HAVE -- OFFER EXEMPTIONS, BUT THOSE WOULD BE

                    MORE NARROWLY DEFINED.

                                 MR. PALMESANO:  OKAY.  SO WE REALLY -- WE'RE NOT

                    LOOKING AT A CASE-BY-CASE BASIS (INAUDIBLE) --

                                 MS. FAHY:  I WOULD HOPE NOT.

                                 MR. PALMESANO:  (INAUDIBLE) A PROCESS--

                                 MS. FAHY:  THAT'S NOT THE INTENT HERE.

                                 MR. PALMESANO:  OR HOW LONG -- DO WE HAVE ANY

                    IDEA HOW LONG THIS PROCESS IS GOING TO TAKE?  IS IT GOING TO BE

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                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DEVELOPED -- THESE PROCESSES AND REGULATIONS ARE PUT IN PLACE?

                    BECAUSE I KNOW RIGHT NOW THE EXECUTIVE LAW REQUIRES THAT THE CODE

                    COUNCIL MEET FOUR TIMES A YEAR, SO WOULD -- WILL THE EXEMPTION

                    REQUESTS FOR THESE ITEMS THAT NEED TO BE FIXED OR REPLACED IN HISTORIC

                    BUILDINGS BE MADE QUARTERLY OR WHAT WILL BE THE TIME FRAME ON GETTING

                    RESPONSES?  BECAUSE IF THEY HAVE TO BE DELAYED UNTIL THERE (INAUDIBLE)

                    IS A CHALLENGE AS WELL.

                                 MS. FAHY:  I -- I WOULD HOPE IT WOULD BE DONE

                    AHEAD OF TIME, BUT OBVIOUSLY THIS IS -- YOU KNOW, THIS IS A PRETTY BROAD-

                    REACHING OR FAR-REACHING LEGISLATION SO IT IS -- IT IS GOING TO TAKE SOME

                    TIME.  BUT AGAIN, SOME OF THAT IS BEING DONE -- SO MUCH OF THIS IS BEING

                    DONE ALREADY WITH HISTORIC BUILDINGS.  WE SEE -- WE KNOW MANY

                    HISTORIC BUILDINGS ARE -- ARE GETTING, YOU KNOW, PLATINUM-LEAD

                    CERTIFICATIONS, SO THERE'S --

                                 (BUZZER SOUNDS)

                                 -- THERE IS A TRACK RECORD HERE.

                                 ACTING SPEAKER AUBRY:  TOLD YOU'RE ON YOUR

                    SECOND 15, MR. PALMESANO.

                                 MR. PALMESANO:  THANK YOU, MR. SPEAKER.

                                 I HAVE ANOTHER QUESTION, AND I KNOW THERE'S SOME

                    SUBPOENA LANGUAGE IN HERE.  IT SEEMS REALLY KIND OF CONCERNING ABOUT

                    -- WHERE IT TALKS ABOUT -- I THINK IT WAS ON PAGE 20 WHERE IT TALKS ABOUT

                    ANY PERSON THAT SELLS, AUTHORS OR SELLS LEASES ALL THE WAY THROUGH THESE

                    DIVISIONS.  IT SEEMS LIKE A BROAD SUBPOENA POWER WHEN WE'RE JUST

                    TALKING ABOUT DEALING WITH ENERGY-EFFICIENT APPLIANCES, BUT THEY CAN

                                         162



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ALMOST SUBPOENA AND FINE FOR ANY BROAD PERSPECTIVE.  IS THAT THE CASE,

                    AND WHAT IS THE PURPOSE OF THAT?

                                 MS. FAHY:  IT IS INTENDED TO BE CONFORMING LANGUAGE

                    THAT IS ALREADY IN EXISTENCE, AND IT IS BASED ON EXISTING DEPARTMENT OF

                    STATE STATUTORY POWERS, INCLUDING, FOR EXAMPLE, THE GENERAL BUSINESS

                    LAW AS WELL AS THE CHILDREN'S PRODUCT SAFETY AND RECALL EFFECTIVENESS

                    -- EFFECTIVENESS ACT.  QUITE FRANKLY, I HAD SOME OF THE SAME QUESTIONS

                    WHEN I WAS FIRST LOOKING AT SOME EARLY DRAFTS OF THIS, BUT SIMPLY IT IS --

                    IT IS -- SIMPLY PUT, IT IS CONFORMING LANGUAGE.

                                 MR. PALMESANO:  AND WE HAVE A GREAT DEAL OF

                    PUBLIC HOUSING IN OUR STATE, ESPECIALLY DOWN IN NEW YORK CITY WITH

                    THE NYCHA HOUSING WHICH WE KNOW IS A DISASTER FROM OUR COLLEAGUES

                    WHO TALK ABOUT IT ON THE FLOOR.  YOU KNOW, I VISITED THERE.  I VISITED

                    TENANTS THERE, SAW LIKE HAVING TO WAIT FOR REPAIRS, JUST FOR SIMPLE

                    REPAIRS, BUT NOW WE'RE TALKING ABOUT TOTAL RETROFITS OF SOME OF THESE

                    BUILDINGS AT A SIGNIFICANT COST WHEN THEY CAN'T EVEN DO THAT.  HOW

                    MUCH IS THAT GOING TO COST, YOU KNOW, WITH THESE IMPROVEMENTS THAT

                    HAVE TO BE MADE ON TOP OF WHAT'S ALREADY IN PLACE?  ISN'T IT GOING TO BE

                    A SIGNIFICANT COST TO OUR PUBLIC HOUSING AND WHERE IS THAT MONEY GOING

                    TO COME FROM?  BECAUSE -- I MEAN, WHO IS GOING TO PAY FOR THAT?

                                 MS. FAHY:  FIRST OF ALL, A LOT OF OUR NYCHA PUBLIC

                    HOUSING FUNDING DOES COME FROM THE FEDERAL GOVERNMENT.  WE'VE

                    SUPPLEMENTED THAT, AS YOU KNOW, AT THE STATE LEVEL, AND THIS YEAR WE

                    MADE A SPECIAL EFFORT TO PUT FUNDING IN FOR THOSE -- FOR THOSE SOLAR AND

                    OTHER EFFICIENCY UPGRADES THAT YOU JUST REFERRED TO.  THOSE ARE, AGAIN,

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                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    INTENDED TO HAVE SAVINGS OVERALL, JUST AS THE -- THIS LEGISLATION IS

                    INTENDED TO BE IN THE BILLIONS IN SAVINGS FOR THE CONSUMER ULTIMATELY

                    BECAUSE OF EFFICIENCY -- OF RAISING EFFICIENCY STANDARDS.

                                 MR. PALMESANO:  SO AGAIN, ON THE BILLIONS IN

                    SAVINGS, THOSE ARE ON THE BACK END, BUT THERE STILL WOULD BE SIGNIFICANT

                    UPFRONT COSTS AND RETROFITTING IMPROVEMENTS, INVESTMENTS, WHETHER IT'S

                    THE SHELL, HOME OR PROPERTY, WHETHER IT'S ANY OTHER APPLIANCES.  THOSE

                    UPFRONT INVESTMENTS OR COSTS ARE GOING TO HAVE TO BE TAKEN INTO

                    ACCOUNT, BUT IT'S YOUR ARGUMENT THAT THE -- THE BENEFITS ON THE BACK-END

                    ARE GOING TO MORE THAN MAKE UP FOR THAT AND THE SOCIETAL BENEFITS THAT

                    COME FROM REUSED GREENHOUSES GAS EMISSIONS.  IS THAT -- IS THAT A FAIR --

                                 MS. FAHY:  WELL, YOU'RE TAKING OUT A, LET'S SAY, TO

                    RETROFIT YOUR HOME AND YOU'RE TAKING OUT A LOAN AS YOUR PART OF A

                    RENOVATION THAT YOU CHOOSE TO DO, THERE'S NOTHING MANDATORY HERE.

                    THOSE -- SOME OF THOSE UPFRONT INVESTMENTS WOULD HAVE THAT LONG-TERM

                    PAYOUT.  AND AGAIN, WHEN -- I'M WITH YOU ON PROVIDING MORE

                    INCENTIVES TO MAKE -- JUST AS WE JUST DID WITH NYCHA.  WE'RE GIVING

                    THEM ADDITIONAL FUNDING TO -- TO UPGRADE EFFICIENCIES AND ADD IN SOLAR

                    PANELS.  IT'S -- IT'S THE SAME WITH WHAT WE'VE DONE ELSEWHERE.  SO WE

                    NEED TO -- WE ARE TRYING TO STIMULATE THOSE -- THOSE -- THOSE EFFORTS --

                    ENCOURAGE THOSE EFFORTS AND TO PROVIDE THE INCENTIVES.  BUT YES, THERE --

                    IN MANY CASES IT'S A HIGHER UPFRONT COST, BUT WITH AN OVERALL

                    TREMENDOUS SAVINGS, JUST AS WE'VE SEEN WITH LIGHTING, FOR EXAMPLE.

                                 MR. PALMESANO:  RIGHT.  AND I KNOW YOU SAID

                    THAT -- I MEAN, REALLY -- THIS IS REALLY -- YOU SAID THERE WAS NO MANDATED

                                         164



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    CHANGES BEING MADE, BUT IN FACT, WE'RE ON A FULL STEP TO FULL

                    ELECTRIFICATION BECAUSE WE ALREADY TALKED ABOUT IN 2030 AND IF YOU OWN

                    A NATURAL GAS BOILER, FURNACE OR A STOVE OR A DRYER, IF THAT NEEDS TO BE

                    REPLACED YOU CAN'T REPLACE IT WITH NATURAL GAS.  NOW YOU HAVE TO FULLY

                    ELECTRIFY YOUR HOME, WHICH MEANS YOU HAVE TO INCREASE -- IMPROVE --

                    MAKE THE SHELL IMPROVEMENTS TO THE HOUSE LIKE I TALKED ABOUT, WHICH

                    WOULD BE $6,000 TO $45,000 IN DIFFERENT RANGES.  INSTALL A GEOTHERMAL

                    HEAT PUMP BECAUSE THAT WHAT'S GOING TO BE REQUIRED TO GENERATE THE

                    ENERGY INSTEAD OF A -- SO THERE ARE MANDATES WITH THIS WHEN YOU

                    COMBINE THIS WITH THE ELECTRIFICATION MANDATES THAT ARE OUT THERE IN

                    CODES.  SO THERE ARE SIGNIFICANT UPFRONT COSTS THAT PEOPLE ARE GOING TO

                    HAVE TO BEAR, CORRECT?  (INAUDIBLE) THE BACK-END SAVINGS BUT THAT'S --

                    THAT'S JUST A MATTER OF FACT WITH THIS ISSUE, CORRECT?

                                 MS. FAHY:  THAT ONE IS NOT ADDRESSED IN THIS BILL.

                    THAT EXAMPLE IS NOT -- WE ARE NOT ADDRESSING THAT AT THIS POINT IN -- THIS

                    LEGISLATION DOES NOT ADDRESS THAT.

                                 MR. PALMESANO:  YEAH, BUT IT IS HAND-IN-HAND.

                    MS. FAHY, THANK YOU FOR YOUR TIME.  I REALLY APPRECIATE IT.

                                 MS. FAHY:  THANK YOU.

                                 MR. PALMESANO:  I KNOW IT'S BEEN A LONG DAY.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. PALMESANO:  MR. SPEAKER AND MY

                    COLLEAGUES, THIS IS JUST REALLY ANOTHER STEP IN MY OPINION IN THE

                    PLAYBOOK TO DISMANTLE OUR STATE'S ECONOMY AND -- AND STOP TO ENSURE

                                         165



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    AFFORDABILITY AND RELIABILITY IN OUR ENERGY SUPPLY AND WILL ULTIMATELY

                    JUST INCREASE COSTS FOR FAMILIES, FOR FARMERS, FOR SENIORS, SMALL

                    BUSINESSES AND MANUFACTURERS.  A COUPLE OF ISSUES I JUST WANTED TO

                    TOUCH ON IS THIS CHANGE TO THE CODE FOR LIFECYCLE CONCERNING THE

                    SIGNIFICANT COST IMPACTS ON CONSTRUCTION OF BOTH NEW AND REHABILITATION

                    FOR EXISTING HOMES.  THAT REALLY SHOULD BE ADDRESSED IN -- AND

                    ADDRESSED IN A TRANSPARENT MANNER.  THIS DOESN'T.  SIMPLY BY

                    ELIMINATING THE TEN-YEAR PAYBACK WE'RE BASICALLY REMOVING

                    AFFORDABILITY AND COST AS A CONSIDERATION FOR NEW CODE CHANGES.  AND

                    THAT'S KIND OF UNFORTUNATE BECAUSE THERE -- AS WE TALKED ABOUT, THERE ARE

                    TREMENDOUS UPFRONT COSTS FOR THESE CODE CHANGES THAT NEED TO BE

                    REPLACED WHETHER TALKING ABOUT APPLIANCES, WHETHER YOU'RE TALKING

                    ABOUT THE BUILDING SHELL, INSTALLATION.  ALL THOSE THINGS ADD UP AND THIS

                    IS ALL PART OF THAT COST TO ELECTRIFY.  AND I GUESS THAT'S JUST KIND OF

                    BUSINESS AS USUAL WHEN IT COMES TO POLICIES WITH -- AROUND THESE -- THE

                    -- THE GREEN ENERGY POLICIES THAT WE'RE TRYING TO ADDRESS.  WHAT ABOUT

                    THE NEED FOR AFFORDABLE ENERGY?  WE TALK ABOUT THAT ALL -- ALL THE TIME.

                    THAT CONTINUES TO GROW.  BUT THERE WILL BE A SIGNIFICANT COST INCREASE

                    THAT ARE GOING TO BE -- HAVE TO BE CONSIDERED THAT ARE NOT GOING TO HELP

                    MAKE OUR HOUSING AFFORDABLE.  IN FACT, IT'S GOING TO MAKE IT MORE

                    EXPENSIVE FOR THE HOMEOWNER, IT'S GOING TO MAKE IT MORE EXPENSIVE FOR

                    THE SENIOR, IT'S GOING TO MAKE IT MORE EXPENSIVE FOR BUSINESSES, AND IT'S

                    CERTAINLY GOING TO MAKE IT MORE EXPENSIVE FOR THE TENANTS ACROSS THE

                    STATE, WHETHER NEW YORK CITY OR UPSTATE OR WHEREVER THEY MAY BE,

                    WHO ARE GOING TO HAVE TO PAY FOR THOSE INCREASED COSTS WHETHER IT'S IN

                                         166



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    PUBLIC HOUSING LIKE NYCHA OR JUST ANY TYPE OF TENANT SITUATION.  ARE

                    YOU GUYS GOING TO BE OKAY WITH THE LANDLORDS PASSING THOSE COSTS ON TO

                    THE TENANTS OR ARE WE GOING TO STOP AND FIGHT ANY RENT INCREASES AS

                    WELL?  BECAUSE THERE ARE -- LET'S MAKE NO MISTAKE ABOUT IT, THERE ARE

                    SIGNIFICANT INCREASES WITH THIS.  I ALSO HAVE VERY STRONG CONCERNS ABOUT

                    THE HISTORIC BUILDING ASPECT OF THIS.  RIGHT NOW THEY'RE ALL CURRENTLY

                    EXEMPT, AND NOW TO ME (INAUDIBLE) I FEEL LIKE WE'RE CREATING A MORE

                    BUREAUCRATIC AND LENGTHY PROCESS AND, YES, COSTLY.  AND -- AND REALLY

                    WILL CREATE A CHALLENGE FOR OUR, YOU KNOW, PROPERTY OWNERS WHO HAVE

                    HISTORIC HOMES.  BUT ALSO THOSE INDIVIDUALS WHO HAVE OLDER HOMES THAT

                    CAN'T AFFORD, YOU KNOW, TO MAKE THOSE CHANGES.  I MEAN, WHEN WE HAVE

                    OLDER HISTORIC HOMES THEY MIGHT NOT BE DESIGNATED HISTORIC, BUT THERE

                    ARE SIGNIFICANT COST INCREASES THAT NEED TO BE MET FOR THEM.  I DON'T

                    THINK THERE'S ENOUGH TO TELL THEM THAT YOU'RE GOING TO SAVE IT ON THE

                    BACK END BY PAYING IT FORWARD ON THE FRONT END BECAUSE FOR A SENIOR

                    CITIZEN WHO IS, YOU KNOW, OLDER THAT'S NOT -- THEY'RE NOT GOING TO SEE

                    THOSE SAVINGS.  OR OUR MANUFACTURERS WHO ARE LOOKING TO LEAVE THE

                    STATE, THEY'RE GOING TO LOOK AT WHAT THE UPFRONT COSTS ARE IF THEY'RE

                    GOING TO MAKE THAT INVESTMENT AND THAT PAYBACK OVER A LIFETIME MIGHT

                    NOT MAKE ENOUGH WHEN THEY CAN GO TO PENNSYLVANIA OR OHIO AND HAVE

                    LESS TAXES, HAVE LESS BURDENSOME REGULATIONS ON A WHOLE HOST OF ISSUES.

                    BUT THEN THIS IS BEING IMPLEMENTED HERE IN NEW YORK ONLY.  AGAIN,

                    NOT IN ANY OTHER COUNTRIES BECAUSE THIS ONLY AFFECTS NEW YORK, NOT IN

                    ANY OTHER STATES NEARBY US.  THAT'S GOING TO HAVE A CHALLENGE.  AND

                    AGAIN, THIS IS REALLY ALL A STEP IN THAT FULL ELECTRIFICATION TO DEAL WITH

                                         167



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    CLIMATE CHANGE.  AND I THINK THAT'S WHERE I'VE BEEN FRUSTRATED BECAUSE I

                    WANT TO BE CLEAR TO MY COLLEAGUES.  I KNOW A LOT OF TIMES WHEN WE TALK

                    ABOUT THESE ISSUES AND, YOU KNOW, YOU SAID, WELL THEY'RE CLIMATE

                    DENIERS.  WE'RE NOT CLIMATE DENIERS, WE'RE JUST SAYING NEW YORK

                    SHOULD NOT DO IT ALONE, AND THAT'S WHAT THE CLCPA AND THESE GUIDE --

                    THESE REGULATIONS (INAUDIBLE) GOING THROUGH THE DRAFT SCOPING PLAN

                    CONTINUE TO DO.  IT'S JUST HARD FOR ME TO ENVISION THAT.  AND WHEN WE

                    TALK ABOUT THE BENEFITS OUTWEIGHING THE COST I DON'T SEE IT.  I DON'T

                    UNDERSTAND HOW NEW YORK ONLY CONTRIBUTES 0.5 PERCENT OF THE TOTAL

                    CARBON EMISSIONS AND OTHER COUNTRIES, INCLUDING CHINA, CONTRIBUTES 29

                    PERCENT OF THOSE GLOBAL -- GLOBAL EMISSIONS.  AND THEY CONTINUE TO

                    BUILD COAL PLANTS.  IT'S JUST -- I DON'T UNDERSTAND THE SAVINGS AND

                    BENEFITS THAT ARE GOING TO COME FROM THIS.  AND ALSO, AGAIN, WHEN WE

                    TALK ABOUT THE ELECTRIC VEHICLE ISSUE AND THE BATTERIES AND THINGS OF THAT

                    NATURE, THE ENERGY SECURITY AND THE FACT THAT CHINA CONTROLS 87 PERCENT

                    OF THE RARE EARTH MATERIALS MARKET SO WE'RE PUTTING OUR WHOLE ENERGY

                    SECURITY -- FUTURE ENERGY SECURITY IN CHINA'S HAND BECAUSE WE'RE NOT

                    GOING TO USE THE NATURAL RESOURCES FOR HEATING.  WE'RE GOING TO GO TO

                    FULL ELECTRIFICATION AND WIND AND SOLAR WHICH IS NOT RELIABLE.  WE KNOW

                    IT'S NOT RELIABLE IN -- IN -- YOU KNOW, FOR PEOPLE IN BUFFALO -- WHEN WE

                    TALK ABOUT RETROFITTING HOMES AND MAKING THEM CODE EFFICIENT, THE

                    PEOPLE IN BUFFALO OR THE NORTH COUNTRY HAVING TO RELY ON WIND AND

                    SOLAR TO HEAT THEIR HOMES, I DON'T KNOW IF THAT'S REALLY A WELCOME

                    OPTION FOR THEM AND I DON'T THINK THEY REALIZE COME 2030 THEY'RE GOING

                    TO HAVE TO SPEND $35,000 TO UPGRADE THEIR HOMES AND CONVERT IT TO

                                         168



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ELECTRIC, ALL ON THE BENEFIT OF CLIMATE CHANGE WHEN, AGAIN, WE'RE ONLY .5

                    PERCENT OF THE TOTAL CARBON EMISSIONS.  WE'RE NOT GOING TO MAKE A DENT

                    IN THIS WITH CHINA OUT THERE CONTINUING TO BUILD COAL PLANTS ALL OVER

                    AND OVER AGAIN.  AND INDIA, SAME THING.  AND RUSSIA.  AGAIN, THEY

                    INVESTED $110 BILLION IN AN OIL ARCTIC PLANT PORT.  SO I JUST DON'T SEE

                    WHERE THE WIN IS THERE.  I'M VERY, VERY CONCERNED.  THERE ARE

                    SIGNIFICANT UPFRONT COSTS THAT COME INTO WHEN WE TALK ABOUT BUILDING

                    SHELLS FOR PROPERTIES, WHETHER IT'S A SIMPLE OR MORE DEEP BUILDING SHELLS

                    THAT NEED TO BE MADE.  I THINK THAT'S WHERE WE HAVE TO LOOK AT THIS.  I

                    DON'T THINK -- AGAIN, WHEN WE TALK ABOUT THIS ISSUE, AFFORDABILITY GETS

                    PUT TO THE BACK BURNER.  RELIABILITY GETS PUT TO THE BACK BURNER.  BUT AS

                    LONG AS WE'RE SAYING CLEAN AND GREEN AND RENEWABLE, IT'S OKAY.  BUT

                    AFFORDABILITY, RELIABILITY THEY PUT IT TO THE BACK BURNER, AND THAT'S GOING

                    TO BE A PROBLEM BECAUSE BUSINESSES -- ESPECIALLY IN THE WINTERTIME.

                    THEY -- YOU KNOW, WITH THE POWER, WE'VE HAD SO MANY STORMS

                    HAPPENING IN THE BINGHAMTON AREA I KNOW JUST RECENTLY THE POWER WAS

                    OUT.  IT HAPPENS IN NEW YORK CITY WHEN THEY'RE ALL DEPENDENT ON

                    ELECTRICITY TO HEAT THEIR HOMES.  WE'RE NOT --  IF YOU HAVE NATURAL GAS

                    YOU CAN KEEP -- AND YOUR POWER CAN BE OUT BUT YOU CAN STILL HAVE THE

                    GAS DELIVERING THAT POWER.  SO THESE ARE THINGS THAT REALLY I'M JUST

                    AFRAID MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE AREN'T TAKING INTO

                    CONSIDERATION WHEN WE ADVANCE THESE POLICIES.  IT'S GREAT TO SAY, HEY,

                    WE'RE FOR GREEN AND CLEAN, BUT IT'S NOT ADDRESSING AFFORDABILITY OR

                    RELIABILITY.  AND ALL THAT'S GOING TO END UP DOING, MY COLLEAGUES, IS IT'S

                    JUST GOING TO DRIVE MORE AND MORE PEOPLE OUT OF THE STATE.  BECAUSE

                                         169



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THEY SAY, YES WE'RE GOING TO LEAD.  WELL, THE ONLY THING YOU'RE GOING TO

                    LEAD WITH IS BUSINESSES LEAVING OUR STATE, FAMILIES LEAVING OUR STATE,

                    FARMERS LEAVING OUR STATE.  WHY?  BECAUSE THEY CAN'T AFFORD TO BE HERE.

                    THE TAX AND REGULATORY BURDEN IS ALREADY DIFFICULT ENOUGH FOR EVERYONE

                    AND THEN WE'RE GOING TO THROW THIS ON TOP OF IT?  I ASK YOU AGAIN, HOW

                    MANY OF YOUR CONSTITUENTS KNOW COME 2030 THAT THEY -- WHEN 60

                    PERCENT OF THE PEOPLE HEAT THEIR HOME WITH NATURAL GAS, HOW MANY OF

                    THEM ARE GOING TO BE ABLE TO AFFORD $35,000-PLUS DOLLARS TO CONVERT

                    THEIR HOME OVER TO ELECTRIC, WHICH WILL BE A REQUIREMENT.  I DON'T SEE --

                    I WONDER IF ANY OF YOU ARE GOING TO BE PUTTING MAILERS OUT ON THAT TO LET

                    THEM KNOW ABOUT THAT.  THAT'S JUST A DANGEROUS THING.  THAT'S

                    SOMETHING THAT NEEDS TO BE CONSIDERED.  WE CAN BALANCE THIS IF YOU

                    BEND THE BALANCES OUT.  BUT IT'S NOT ENOUGH JUST TO TALK ABOUT CLEAN AND

                    RENEWABLE.  WE HAVE TO TALK ABOUT AFFORDABILITY FOR OUR FAMILIES, OUR

                    SENIORS AND OUR BUSINESSES AND WE WANT THEM TO STAY HERE AND RESIDE

                    HERE.  AND THAT'S JUST THE CONCERN I HAVE.  THOSE THINGS AREN'T BEING

                    DISCUSSED IN THESE PACKAGES THAT WE'RE TALKING ABOUT.  I APOLOGIZE, I'M

                    GOING TO CONTINUE TO TALK ABOUT IT BECAUSE IT'S IMPORTANT AND THE PUBLIC

                    NEEDS TO KNOW ABOUT IT.  WE CAN'T JUST BRUSH IT UNDER -- UNDER THE RUG

                    AND THINK THAT IF WE JUST TALK ABOUT CLIMATE CHANGE IT WOULD (INAUDIBLE)

                    MORE PEOPLE TALK ABOUT THE BENEFITS OF ELECTRIC VEHICLES WITHOUT TALKING

                    ABOUT THE NEGATIVITY THAT GOES ALONG WITH THAT AND HOW THOSE MINERALS

                    ARE EXTRACTED AND THE IMPACT IT HAS ON HUMAN RIGHTS, CHILD LABOR, THE

                    DEMOCRATIC REPUBLIC OF CONGO, HOW 70 PERCENT OF THE COBALT COMES

                    FROM THERE.  THE LITHIUM, THE FIRES, THE DANGEROUSNESS OF THIS.  IF WE'RE

                                         170



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    NOT GOING TO TALK ABOUT THAT, I DON'T KNOW HOW YOU CAN -- HOW CAN YOU

                    SAY YOU'RE GOING TO LEAD ON THE CLCPA BUT NOT LEAD ON THE OTHER SIDE

                    AND TALK ABOUT THESE DANGEROUS HUMAN RIGHTS AND ENVIRONMENTAL --

                    NEGATIVE ENVIRONMENTAL IMPACTS THAT ARE WELL-DOCUMENTED.  AND IT'S

                    NOT ENOUGH TO SAY IT'S UP TO THE FEDERAL GOVERNMENT.  YOU CAN'T SAY

                    WE'RE GOING TO LEAD ON ONE FRONT AND THEN WE'RE GOING TO PASS THE BUCK

                    ON THE OTHER.  IT'S DISINGENUOUS TO DO THAT.  I'M GOING TO CONTINUE TO

                    SPEAK OUT ON THAT.  I'M GOING TO CONTINUE TO CALL YOU ALL OUT ON THAT

                    BECAUSE YOU HAVE TO HAVE ACCOUNTABILITY ON THIS BECAUSE IT'S NOT

                    WORKING.  IT'S NOT SELLING TO ME, IT'S NOT GOING TO SELL WITH THE PUBLIC,

                    ESPECIALLY WHEN THEY GET THAT BILL FOR THAT ISSUE.

                                 SO WITH THAT, MR. SPEAKER, I'LL END MY COMMENTS.  I

                    WILL REST AND I WILL ENCOURAGE MY COLLEAGUES TO VOTE NO ON THIS

                    LEGISLATION BECAUSE I CERTAINLY AM.

                                 ACTING SPEAKER AUBRY:  MR. WALCZYK.

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

                    THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MS. FAHY, WILL YOU

                    YIELD?

                                 MS. FAHY:  YES, HAPPY TO.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS,

                    SIR.

                                 MR. WALCZYK:  SO, WITH -- WITH THE CHANGE IN THE

                    BUILDING CODE HERE THAT YOU'RE PROPOSING, HOW -- HOW ARE RESIDENTS OF

                    NEW YORK STATE GOING TO BE HEATING THEIR HOMES FOR REMOVING FOSSIL

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                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    FUELS?

                                 MS. FAHY:  THIS -- THIS LEGISLATION DOES NOT AFFECT

                    THAT, BUT I'M NOT SURE WHAT YOU'RE -- I'M NOT SURE WHAT YOU'RE GETTING AT,

                    IF YOU CAN -- THIS LEGISLATION DOESN'T AFFECT THAT.

                                 MR. WALCZYK:  SO YOU'RE NOT IMPACTING THE USE OF

                    FOSSIL FUELS AT ALL WITH THE ADVANCEMENT OF THE ADVANCED BUILDING CODE

                    CHANGE HERE?

                                 MS. FAHY:  WE'RE -- WE'RE TRYING TO UPGRADE THE

                    STANDARDS AND RAISE EFFICIENCY.  IT DOESN'T -- IT DOESN'T SAY -- AT THIS

                    POINT IT'S SILENT ON -- ON HOW THOSE EFFICIENCY STANDARDS ARE DERIVED,

                    BUT CERTAINLY -- CERTAINLY, WE ARE -- I AM -- I AM PERSONALLY IN FAVOR OF

                    MOVING AWAY FROM THE FOSSIL FUELS, IF THAT'S WHAT YOU'RE -- AND THE MORE

                    EFFICIENT WE MAKE OUR BUILDINGS, THE MORE WE WILL RELY LESS ON FOSSIL

                    FUELS, IF THAT'S WHAT YOU'RE ASKING.

                                 MR. WALCZYK:  OKAY.  THANKS.  THANKS, MR.

                    CHAIR.

                                 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 8143-A.  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

                                         172



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    CONFERENCE IS GENERALLY OPPOSED FOR THE REASONS MY COLLEAGUE

                    MENTIONED.  THOSE WHO WOULD LIKE TO SUPPORT IT CAN CERTAINLY VOTE SO

                    ON THE FLOOR OR BY CALLING THE MINORITY LEADER'S OFFICE.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF

                    THIS ONE.  HOWEVER, THERE MAY BE SOME THAT WOULD LIKE TO BE AN

                    EXCEPTION.  THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S

                    OFFICE, THEIR VOTE WILL BE PROPERLY RECORDED.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MRS.

                    PEOPLES-STOKES.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MS. GALLAGHER TO EXPLAIN HER VOTE.

                                 MS. GALLAGHER:  I WOULD LIKE TO THANK THE VERY

                    BRAVE SPONSOR OF THIS BILL.  THIS IS GOING TO HELP US ATTACK THE CLIMATE

                    CRISIS HEAD ON.  I KNOW MANY OF MY COLLEAGUES ARE VERY CONCERNED

                    ABOUT THE COST AND EFFICIENCY OF NEW APPLIANCES AND BUILDINGS, AND I

                    HAVE TO TELL YOU THAT IT'S PROVABLY TRUE THAT THESE ARE MORE EFFICIENT AND

                    MORE AFFORDABLE.  WE'VE BEEN SUBSIDIZING THE COST OF GAS AND OIL FOR

                    MOST OF OUR LIFETIME, SO WE DON'T TRULY EXTERNALIZE THE REALITY OF THE

                    COST OF GAS AND OIL.  THERE'S ALSO SOMETHING KNOWN AS COMMITTED

                    EMISSIONS, WHICH ARE THE EMISSIONS THAT WILL CONTINUE TO HAPPEN

                                         173



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    BECAUSE APPLIANCES, CARS OR BUILDINGS THAT WE ALREADY HAVE WILL

                    CONTINUE TO EMIT THEIR EMISSIONS FOR THE REST OF THEIR LIFETIMES.  THIS

                    PARTICULAR BILL IS GOING TO HELP US TACKLE THAT HEAD ON AND BUILD THE

                    SUPPLY SIDE OF ENERGY-EFFICIENT, CLEAN ENERGY USAGE AND OF THE

                    APPLIANCES THAT WE NEED TO BE CONVERTING TO.  AS WE CONVERT TO THESE

                    APPLIANCES AND CONVERT TO THESE MODES OF OPERATION THEY WILL BECOME

                    SECOND NATURE.  WE WILL BE SUBSIDIZING THEM.  IN FACT, WE ALREADY ARE

                    BEGINNING TO SUBSIDIZE SOME OF THEM, LIKE GEOTHERMAL, AT THE FEDERAL

                    LEVEL.  AND I'M SURE THAT WE ARE GOING TO BE BUILDING MORE PROGRAMS

                    FOR THIS.  SO I AM SOMEONE THAT LIVES ON THE WATERFRONT OF -- OF

                    BROOKLYN, AND MY COMMUNITY FEELS THE IMPACTS OF CLIMATE CHANGE

                    HEAD ON.  MY COMMUNITY IS AT RISK, AS ARE MANY COMMUNITIES IN THIS

                    ROOM, AND IT IS MY JOB HERE IN THE ASSEMBLY TO PROTECT MY COMMUNITY

                    AND MY COMMUNITY'S FUTURE, AND THAT'S WHAT THE SPONSOR'S BILL AND THE

                    LEADERSHIP OF BRINGING IT TO THE FLOOR IS ENABLING ME TO DO.

                                 SO THANK YOU VERY MUCH.  I WILL BE VOTING ABSOLUTELY

                    YES.

                                 ACTING SPEAKER AUBRY:  MS. GALLAGHER IN THE

                    AFFIRMATIVE.

                                 MR. GOODELL TO EXPLAIN HIS VOTE.

                                 MR. GOODELL:  THANK YOU, SIR.  FOR MANY YEARS,

                    ACTUALLY 20 YEARS, I SERVED AS THE CHAIRMAN OF A NOT-FOR-PROFIT HOUSING

                    REHABILITATION CORPORATION, AND OUR MISSION WAS TO PROVIDE

                    HIGH-QUALITY AFFORDABLE HOUSING.  AND IT'S A GREAT, GREAT PERSONAL

                    INTEREST OF MINE TO ENSURE THAT WE HAVE THE MAXIMUM AMOUNT OF

                                         174



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    AFFORDABLE HOUSING IN THE STATE.  AND NOT ALL OF US ARE FORTUNATE ENOUGH

                    TO BE WORKING HERE IN THE ASSEMBLY AND HAVE A GREAT JOB WITH GREAT

                    BENEFITS.  BUT A LOT OF PEOPLE, ESPECIALLY SENIOR CITIZENS, REALLY STRUGGLE

                    TO MAKE ENDS MEET.  AND SO WHILE IT'S NICE IN THEORY THAT WE TALK ABOUT

                    THE HIGHEST ENERGY STANDARDS THAT ARE AROUND AND IT'S GREAT WE TALK HERE

                    ABOUT THE NEED TO BUY MORE EXPENSIVE UTILITIES AND APPLIANCES, THE

                    REALITY IS THERE'S A LOT OF PEOPLE OUT THERE THAT REALLY STRUGGLE TO MAKE

                    ENDS MEET.  AND WE NEED TO BE SENSITIVE TO THE FACT THAT INDIVIDUALS

                    KNOW BETTER THAN WE DO ABOUT WHAT THEIR BUDGET IS AND WHAT THEIR

                    PRIORITIES ARE.  AND ABSOLUTELY, IT MAKES SENSE FOR SOME INDIVIDUALS TO

                    BUY A LESS EXPENSIVE APPLIANCE THAT MIGHT FIT THEIR BUDGET.  AND THE

                    OPTION MIGHT NOT BE A HIGH-EFFICIENCY EXPENSIVE APPLIANCE.  FOR THEM

                    THE OPTION MIGHT BE NO APPLIANCE OR ONE THAT THEY CAN'T AFFORD.  SO WE

                    NEED TO BE SENSITIVE TO THE FACT THAT NOT EVERYONE IS WEALTHY, NOT

                    EVERYONE HAS THE MEANS OF BUYING THE LATEST AND GREATEST

                    ENERGY-EFFICIENT APPLIANCE.  SO, RECOGNIZING THAT AND RECOGNIZING THAT

                    DIFFERENT PEOPLE HAVE DIFFERENT INTERESTS AND DIFFERENT FINANCIAL STRESS, I

                    THINK THE BETTER APPROACH IS TO SAY TO INDIVIDUAL CONSUMERS, WE'LL MAKE

                    SURE THAT YOU UNDERSTAND WHAT THE ENERGY EFFICIENCY RATING IS, AND THEN

                    YOU USE YOUR OWN DECISION ON WHETHER OR NOT THAT'S THE PRODUCT THAT

                    YOU WANT THAT MAKES THE MOST SENSE TO YOU.  AND IN THAT WAY WE CAN

                    PROVIDE THE MOST COST-EFFECTIVE HOUSING FOR ALL OF OUR RESIDENTS AND NOT

                    JUST THE WEALTHY.

                                 FOR THAT REASON I WILL BE OPPOSING IT.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  MR. GOODELL IN THE

                                         175



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    NEGATIVE.

                                 MS. FAHY TO EXPLAIN HER VOTE.

                                 MS. FAHY:  THANK YOU, MR. SPEAKER.  I RISE IN

                    SUPPORT OF MY LEGISLATION, AGAIN, TO ALIGN THE ENERGY CONSERVATION

                    CONSTRUCTION CODE WITH OUR CLEAN ENERGY CLIMATE GOALS IN THE STATE AS

                    WELL AS TO INCREASE EFFICIENCY STANDARDS.  WE'VE TALKED A LOT ABOUT THAT

                    TODAY, BUT THE PART OF THIS IS TO MAKE SURE THAT WE ARE PUSHING TOWARD

                    COST-EFFECTIVE, HIGH-EFFICIENCY APPLIANCES AS WELL AS BUILDINGS.  AND

                    FOR ALL THE REASONS THAT WERE TALKED ABOUT TODAY, WE ARE IN THE MIDST OF

                    A CLIMATE CRISIS, AND THE LAST ESTIMATE I SAW FOR THE LAST TEN TO 12 YEARS

                    THIS STATE ALONE HAS SPENT OVER $50 BILLION IN WEATHER-RELATED DISASTER

                    CLEANUPS.  SO IT'S -- THERE ARE REASONS TO PUSH TO RAISE EFFICIENCIES, TO

                    INCREASE WHAT WE ARE DOING TO CONSERVE ENERGY AS WELL AS TO REDUCE

                    POLLUTION, AND THE MORE WE REDUCE THAT POLLUTION THE MORE WE IMPROVE

                    HEALTH, AND IN THE END ALSO MAKE SURE THAT WE ARE SAVING CONSUMERS

                    DOLLARS.  I WAS VERY PROUD TO SPONSOR ABOUT SEVEN YEARS AGO THE ABILITY

                    FOR MUNICIPALITIES TO OWN THEIR STREETLIGHTS AND THAT SAVED MILLIONS OF

                    DOLLARS FOR MOST MUNICIPALITIES ACROSS THIS STATE.  SO MANY OF THESE

                    MEASURES MAY HAVE HIGHER UPFRONT COSTS, BUT IN THE END HAVE

                    TREMENDOUS SAVINGS.  AND AS OTHER SPEAKERS HAVE NOTED, WE DO NEED TO

                    INCENTIVIZE THAT.  WE NEED TO SUBSIDIZE THAT, AND I THINK WE HAVE A

                    PRETTY DECENT TRACK RECORD OF DOING THAT NEED, ALTHOUGH AS OTHER

                    SPEAKERS HAVE NOTED, WE HAVE MORE WORK TO DO AS WELL THERE TO

                    ADDRESS THESE -- THESE UPFRONT COSTS.  BUT THE -- THE FURTHER ALONG WE'VE

                    MOVE, JUST AS WE'RE SEEING WITH WIND, SOLAR AND BATTERIES, THESE COSTS

                                         176



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ARE COMING DOWN AND MAKING THESE PRODUCTS MORE AFFORDABLE.  AND

                    WHAT THIS BILL DOES IS BEGIN TO RAISE THAT FLOOR ON EFFICIENCIES IN OUR --

                    MORE APPLIANCES AS WELL AS IN OUR BUILDING CODES.

                                 THANK YOU, AND WITH THAT, MR. SPEAKER, I VOTE IN THE

                    AFFIRMATIVE.

                                 ACTING SPEAKER AUBRY:  MS. FAHY IN THE

                    AFFIRMATIVE.

                                 MR. GOODELL.

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

                    COLLEAGUE MR. KEITH BROWN IN THE AFFIRMATIVE.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  SO NOTED.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 6, RULES REPORT NO. 88, THE CLERK WILL READ.


                                 THE CLERK:  SENATE NO. S07453-A, RULES REPORT

                    NO. 88, SENATOR KRUEGER (A08327-A, ENGLEBRIGHT, EPSTEIN,

                    MCDONALD, BURDICK, KELLES, GOTTFRIED, O'DONNELL, BURGOS, FAHY,

                    GRIFFIN, ZEBROWSKI, DARLING, SIMON, THIELE, STECK, SEPTIMO, LUNSFORD,

                    OTIS, GONZÁLEZ-ROJAS, L. ROSENTHAL).  AN ACT TO AMEND THE PUBLIC

                    AUTHORITIES LAW, IN RELATION IN RELATION TO ESTABLISHING THE ELECTRIC

                    LANDSCAPING EQUIPMENT REBATE PROGRAM; AND PROVIDING FOR THE REPEAL

                    OF SUCH PROVISIONS UPON EXPIRATION THEREOF.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                                         177



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    REQUESTED, MR. ENGLEBRIGHT.

                                 MR. ENGLEBRIGHT:  THANKS, MR. SPEAKER.  THIS IS

                    A MEASURE DESIGNED TO REDUCE GREENHOUSE GASES, SMOG AND DEAFENING

                    SOMETIMES NOISES THAT WAKE YOU UP ON SUNDAY MORNING ALL TOO OFTEN,

                    THE USE OF GAS-POWERED DEVICES FOR LAWNS.  I COME FROM LONG ISLAND

                    WHERE THE PUN IS INTENDED AND WE -- WE SUFFER IN ALL THESE WAYS FROM

                    THE PRESENCE OF THESE VERY IRRITATING MACHINES.  WHAT THEY PRODUCE, OF

                    COURSE, IS A BEAUTIFUL LAWN AND A LANDSCAPE FOR THE NEIGHBORHOOD, AND

                    SO WE WANT TO KEEP THAT BENEFIT AND WHAT WE DO WANT TO DO IS REDUCE

                    THE GREENHOUSE GAS AND THE SMOG AND THE LUNG DISEASE AND THE ASTHMA.

                    AND SO TO DO THAT WE PUT FORWARD THIS MEASURE TO GIVE ELECTRIC

                    LANDSCAPING EQUIPMENT A REBATE PROGRAM THROUGH NYSERDA.  AND I

                    JUST WANT TO MAKE MENTION THAT THIS HAS A LOT OF BENEFITS.  IT FIGHTS

                    GLOBAL WARMING, THIS MEASURE PROMOTES HUMAN HEALTH BY BETTER AIR

                    QUALITY RESULTING FROM THE USE OF THE ELECTRIC BATTERIES.  IT FIGHTS ASTHMA

                    AND LUNG DISEASE, AND THE NOISE IS DRAMATICALLY LOWERED.  LOWER

                    DECIBELS, LESS PAIN IN MANY CASES FROM THE -- THE NEIGHBOR'S LAWN WHILE

                    YOU'RE TRYING TO HAVE YOUR MORNING COFFEE.  AND THE GREAT BENEFIT OF

                    THIS, OF COURSE, IS THAT IT IS NONCOERCIVE.  WE WILL GET BETTER AND LONGER-

                    LASTING ELECTRIC EQUIPMENT, ALSO.  SO BY THE TIME THIS EXPIRES IN THE YEAR

                    2030 WE WILL HAVE A WIN-WIN-WIN CONVERSION.  THIS IS AN INCENTIVIZING

                    MEASURE.  IT USES CARROTS, NOT STICKS.  IT IS GOOD FOR ALL THE LAWNS OF THE

                    STATE, BUT ESPECIALLY FOR THE LAWNS OF LONG ISLAND.

                                 ACTING SPEAKER AUBRY:  MR. PALMESANO.

                                 MR. PALMESANO:  MR. SPEAKER, WILL THE SPONSOR

                                         178



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    YIELD FOR SOME QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. ENGLEBRIGHT, WILL

                    YOU YIELD, SIR?

                                 MR. ENGLEBRIGHT:  I YIELD.

                                 ACTING SPEAKER AUBRY:  THE SPONSOR YIELDS.

                                 MR. PALMESANO:  THANK YOU, MR. ENGLEBRIGHT.  I

                    KNOW PROBABLY YOU AND YOUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE

                    ARE PROBABLY TIRED OF HEARING ME SAY THIS WILL BE THE LAST TIME.  I'M SURE

                    SOME OF MY COLLEAGUES ON THIS SIDE OF THE AISLE ARE TIRED OF HEARING ME

                    AS WELL.  BUT I DO APPRECIATE THE OPPORTUNITY TO DISCUSS THIS BILL WITH

                    YOU A LITTLE BIT.  MY FIRST QUESTION FOR YOU IS, WHAT IS THE COST OF THIS?

                    BECAUSE I THINK IN THE MEMO IT SAYS IT'S GOING TO BE OPERATED OUT OF

                    CURRENT NYSERDA FUNDS; IS THAT CORRECT?

                                 MR. ENGLEBRIGHT:  IT -- THAT IS CORRECT.

                                 MR. PALMESANO:  SO --

                                 MR. ENGLEBRIGHT:  THERE IS NO DOLLAR FIGURE

                    APPLIED.  THE LANGUAGE IN THE LEGISLATION SAYS THAT THE AUTHORITY SHALL

                    DETERMINE THE REBATE ELIGIBILITY OF EACH APPLICANT IN ACCORDANCE WITH

                    THE REQUIREMENTS OF THIS SECTION AND RULES THAT ARE PROMULGATED BY THE

                    AUTHORITY.  AND THE TOTAL AMOUNT OF REBATES ALLOCATED TO CERTIFIED

                    APPLICANTS IN EACH FISCAL YEAR SHALL NOT EXCEED THE AMOUNT OF FUNDS

                    AVAILABLE.  AND SO IT WILL DEPEND UPON AVAILABILITY.

                                 MR. PALMESANO:  AND SO REALLY -- SO THERE'S NO

                    CAP AND WHATEVER THE FUNDS ARE AVAILABLE.  SO RIGHT NOW WITH

                    NYSERDA FUNDS -- I KNOW WE TALKED ABOUT THIS AT THE -- THE CLEAN

                                         179



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ENERGY FUND HEARING -- WITH NYSERDA THEY PUT PROPOSALS TO THE

                    PUBLIC SERVICE COMMISSION, CORRECT, FOR APPROVAL AND THEN IF THE PSC

                    APPROVES IT THEN THEY HAVE THOSE FUNDS TO DISBURSE FOR CLEAN ENERGY

                    GOALS AND OBLIGATIONS, CORRECT?

                                 MR. ENGLEBRIGHT:  THAT'S CORRECT.

                                 MR. PALMESANO:  ALL RIGHT.  SO THIS COULD BE ANY

                    AMOUNT OF MONEY.  THE REASON I ASK THAT QUESTION, I KNOW LOOKING

                    BACK AT NYSERDA, ONE OF THEIR PROPOSALS OF THEIR FOUR-YEAR PLAN HAD

                    A $12.4- -- $12.7 BILLION REQUEST OVER A FOUR-YEAR PERIOD, AND WHEN I

                    BROUGHT THAT UP TO THE NYSERDA REPRESENTATIVE THEY SAID, WELL, WE

                    JUST PUT THE PROPOSAL FIRST BUT THEN THE PSC HAS TO APPROVE IT.  SO

                    WHEN THE PSC APPROVES IT, WHO DOES THAT COST FALL UPON?  DOES THAT --

                    DOESN'T THAT NOT FALL UPON THE RATEPAYER THROUGH THEIR HIGHER INCREASE IN

                    ELECTRIC BILLS AS FAR AS THIS -- YOU KNOW, FOR THE CLEAN ENERGY FUND,

                    RIGHT?  IT'S ALL PART OF THAT.  IT WOULD FALL ON THE CONSUMER AND THE

                    RATEPAYER, CORRECT?

                                 MR. ENGLEBRIGHT:  IT -- THE COSTS FALL UPON THE

                    SAME PEOPLE THAT WOULD GET THE BENEFITS.  SO --

                                 MR. PALMESANO:  I UNDERSTAND THAT.

                                 MR. ENGLEBRIGHT:  --  OVERALL YOU KNOW, IT EVENS

                    OUT.

                                 MR. PALMESANO:  RIGHT, BUT --

                                 MR. ENGLEBRIGHT:  WE CALL THAT A WASH

                    SOMETIMES.

                                 MR. PALMESANO:  WELL, I DON'T KNOW IF I'D CALL IT

                                         180



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    A WASH, BUT I MEAN OBVIOUSLY YOU'RE TALKING ABOUT ASSUMED BENEFITS

                    THAT MIGHT HAPPEN --

                                 MR. ENGLEBRIGHT:  YOU CAN CALL IT AN

                    EQUIVALENCY, THEN.

                                 MR. PALMESANO:  WELL, I'LL LET THAT BE YOUR WORD.

                    BUT ULTIMATELY, THE COST, THE DOLLARS, UPFRONT DOLLARS AS WE TALKED ABOUT

                    FOR THE (INAUDIBLE) THE UPFRONT DOLLARS WILL BE BORNE BY THE RATEPAYER

                    THROUGH INCREASED UTILITY BILLS, ELECTRICITY BILLS, CORRECT?  BASED ON HOW

                    IT'S SET UP.  BECAUSE THEY HAVE TO GO TO THE PSC TO APPROVE IT AND WHEN

                    THE PSC APPROVES IT, IT GETS PUT ON THE RATEPAYER.  RIGHT?

                                 MR. ENGLEBRIGHT:  NYSERDA HAS MANY

                    SOURCES OF FUNDING.  MOST OF THIS IS OFF-BUDGET, AND IT INVITES THE

                    AUTHORITY TO USE ITS MANY SOURCES CREATIVELY TO MEET THE NEED.

                                 MR. PALMESANO:  SURE.  SURE.  I -- I KNOW

                    CALIFORNIA HAS A SIMILAR PROGRAM.  I WAS READING AN ARTICLE THIS PAST --

                    ARE YOU AWARE ABOUT SOME CONCERNS THAT HAVE BEEN RAISED ABOUT --

                    WHEN WE TALK ABOUT THE RANGE ISSUE, WE TALKED ABOUT THE RANGE ISSUE

                    WITH ELECTRIC SCHOOL BUSES, WE TALKED ABOUT THE RANGE ISSUE WITH HIGH

                    DURABLE EQUIPMENT, WHETHER IT'S A SNOWPLOW, TRUCK OR A DUMP TRUCK OR

                    EXCAVATION EQUIPMENT, THAT BATTERY RANGE ISSUE CONTINUES TO BE AN

                    ISSUE.  AND IN THIS ARTICLE LANDSCAPERS WERE SAYING, YOU KNOW, I USED TO

                    BE ABLE TO DO TEN TO 15 HOMES IN A DAY, NOW I'M ONLY DOING SEVEN TO

                    FIVE HOMES MAYBE IN A DAY AT A LOSS OF ABOUT $1,000 PER WEEK.  HOW

                    DO WE ADDRESS THAT ISSUE?  ARE THEY JUST GOING TO HAVE TO BUY MORE

                    EQUIPMENT AND MORE BATTERIES?

                                         181



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. ENGLEBRIGHT:  THIS IS A MEASURE THAT WE

                    HAVE HEARD MORE POSITIVES THAN NEGATIVES ABOUT THE IDEA.  AND IN

                    NEIGHBORHOODS WHERE CONVERSION HAS ALREADY BEEN MADE FROM GAS TO

                    ELECTRIC WE HEAR ONLY PRAISE.

                                 MR. PALMESANO:  RIGHT.  AND I CAN UNDERSTAND

                    THAT.  AND SO THE OTHER THING HE MENTIONED -- WHAT IT MENTIONED IN THIS

                    ARTICLE -- THESE ARE PEOPLE IN THE BUSINESS IN CALIFORNIA -- THEY SAID NOT

                    ONLY DID --

                                 MR. ENGLEBRIGHT:  THIS IS DIFFERENT FROM

                    CALIFORNIA.

                                 MR. PALMESANO:  NO, I KNOW THEY -- THEY HAVE A

                    DIFFERENT PROGRAM.

                                 MR. ENGLEBRIGHT:  THEY'RE VERY DIFFERENT IN THIS

                    INSTANCE ANYHOW.

                                 MR. PALMESANO:  CORRECT.

                                 MR. ENGLEBRIGHT:  BUT THIS IS, AGAIN,

                    NONCOERCIVE.  THIS IS MEANT TO ATTRACT, NOT TO COMPEL WITH THE HEAVY

                    HAND OF GOVERNMENT.

                                 MR. PALMESANO:  BUT WHEN YOU NONCOERCIVE,

                    ULTIMATELY, THESE BUSINESSES ARE GOING TO HAVE TO MAKE THAT FULL

                    TRANSITION TO ELECTRIC ANYWAY WITH THE ELECTRIFICATION.  ARE THEY ALWAYS

                    GOING TO BE ABLE TO BE GAS-POWERED?  BECAUSE BY, YOU KNOW, WE'RE

                    GOING TO ZERO -- NEAR ZERO --

                                 MR. ENGLEBRIGHT:  I THINK THAT THE NEIGHBORS

                    WILL COMPLIMENT THE NEIGHBORS, AND THAT WILL BE WHAT WILL DRIVE THIS.

                                         182



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THERE'LL BE TALK OVER THE BACK FENCE, BOY, THANK YOU FOR BRINGING SUCH

                    A -- A QUIET MOWING APPARATUS INTO YOUR LAWN.  IT'S SO MUCH

                    APPRECIATED.  AND THAT WILL GET BACK AND WILL DRIVE THE CONVERSION THAT

                    WE'RE REALLY LOOKING FOR AND ANTICIPATE BY THE YEAR 2030 IN THIS

                    MANNER.

                                 MR. PALMESANO:  AND YOU -- AND YOU DON'T

                    BELIEVE -- IS IT YOUR BELIEF MAYBE ON YOUR SIDE OF THE AISLE THE RANGE

                    ISSUE THAT WE'RE TALKING AND TALKING ABOUT A LOT HERE TODAY, WHETHER IT'S

                    WITH THIS OR ELECTRIC VEHICLES, THAT'S SOMETHING THAT REALLY NEEDS TO BE

                    TAKEN INTO CONSIDERATION AND ACCOUNT FOR RELATIVE TO COST AND

                    RELIABILITY?

                                 MR. ENGLEBRIGHT:  IN ONE WORD, NO.

                                 MR. PALMESANO:  OKAY.  FAIR ENOUGH.  I'VE GOT TO

                    RESPECT THAT.  LET ME ASK YOU ANOTHER QUESTION, IF I COULD.  AND I'M --

                    I'M NEARING THE END.  OFTEN I HEAR WHEN WE TALK ABOUT THE CLCPA AND

                    YOU'VE HEARD ME MENTION IT, MY BIGGEST ISSUE WITH IT IS NOT THAT WE'RE

                    TRYING TO GET RENEWABLE TECHNOLOGY ON -- ONTO THE PART OF OUR PORTFOLIO,

                    BUT IT'S THAT NEW YORK'S JUST DOING IT ALONE.  AND WHAT I OFTEN HEAR IS

                    THAT NEW YORK WILL LEAD.  I'VE HEARD -- I REMEMBER YOU MENTIONED THAT

                    TIME WHEN WE DEBATED THE CLCPA BACK IN 2019 FOR 30 MINUTES.  IS IT

                    YOUR CONTENTION THAT BY DOING THIS WE ARE LEADING AND THAT PEOPLE WILL

                    FOLLOW US GOING FORWARD?

                                 MR. ENGLEBRIGHT:  I THINK THAT THAT HAS

                    HISTORICALLY BEEN WHAT NEW YORK HAS DONE.  OUR FIRST NATIONAL CAPITAL

                    WAS IN THIS STATE.  WE SENT MORE MEN TO DEFEND THE UNION IN THE CIVIL

                                         183



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    WAR THAN ANY OTHER STATE.

                                 MR. PALMESANO:  SURE.

                                 MR. ENGLEBRIGHT:  WE LEAD IN CONSERVATION.  WE

                    SET THE MODEL WITH THE ADIRONDACK MOUNTAINS FOR THEIR ESTABLISHMENT

                    OF A NATIONAL PARK SYSTEM THAT HAS BEEN COPIED AROUND THE WORLD.  WE

                    ARE THE EMPIRE STATE.  WE ARE A GREAT STATE.

                                 MR. PALMESANO:  THAT'S A --

                                 MR. ENGLEBRIGHT:  AND YES, WE NEED TO LEAD TO

                    MEET THE GREATEST CHALLENGE OF OUR CIVILIZATION, WHICH IS CLIMATE

                    CHANGE.

                                 MR. PALMESANO:  THAT'S -- THAT'S A GREAT POINT.  IT

                    LEADS ME -- LEADS ME TO MY NEXT QUESTION.  IF WE'RE GOING TO LEAD ON

                    THIS -- I BROUGHT THIS UP AT HEARINGS, I BROUGHT THIS UP TODAY, I BROUGHT

                    THIS UP DURING THE BUDGET DEBATE -- HOW CAN WE SAY WE'RE GOING TO LEAD

                    ON THE CLCPA WHEN THERE ARE WELL-KNOWN DOCUMENTED HUMAN RIGHTS

                    VIOLATIONS GOING ON AND ENVIRONMENTAL IMPACT VIOLATIONS GOING ON

                    REGARDING THE EXTRACTION AND PROCESSING OF THESE RARE EARTH MATERIALS?

                    SPECIFICALLY I WANT TO MENTION TO YOU, MY COLLEAGUE AND FRIEND, THE

                    DEMOCRATIC REPUBLIC OF CONGO, 70 PERCENT OF THE COBALT WHICH IS USED

                    IN ELECTRIC BATTERIES, WHETHER IT'S ELECTRIC VEHICLES, IS BEING HAND MINED,

                    AND THERE IS SOME 40,000 CHILDREN.  THESE CHILDREN HAVE DIED, THEY'VE

                    BEEN MAIMED IN THESE MINING COLLAPSES.  WHEN I BROUGHT THIS UP TO THE

                    COMMISSIONER AND I BROUGHT THIS UP ON THE FLOOR, EVERYONE ALWAYS

                    SAYS THAT'S THE FEDERAL GOVERNMENT'S RESPONSIBILITY.  I'VE BEEN TALKING

                    ABOUT THE CLCPA.  THIS IS NOT LETTING NEW YORK DO IT ALL.  IF WE'RE

                                         184



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    GOING TO DO THIS WE'VE GOT TO DO THIS ALL TOGETHER.  CHINA, INDIA, RUSSIA.

                    NONE OF THIS AFFECTS CHINA, INDIA OR RUSSIA.  IT DOESN'T AFFECT

                    PENNSYLVANIA OR OHIO --

                                 MR. ENGLEBRIGHT:  IS THERE A QUESTION HERE?

                                 MR. PALMESANO:  YES.  DON'T WE HAVE AN

                    OBLIGATION TO LEAD ON HUMAN RIGHTS VIOLATIONS AND ENVIRONMENTAL

                    DEGRADATIONS THAT'S HAPPENING IN COUNTRIES IN ASIA, SOUTH AMERICA AND

                    CENTRAL AFRICA BASED ON THIS RARE EARTH MATERIALS INSURRECTION?

                                 MR. ENGLEBRIGHT:  YES.  AND WE ARE DEVELOPING

                    NEW SOURCES OF COBALT IN -- IN OUR WESTERN PART OF OUR COUNTRY, IN

                    CANADA.  PART OF THE COBALT PROBLEM, OF COURSE, AS YOU RIGHTLY POINT OUT

                    IN THE CONGO IS BECAUSE THEY'VE ENTERED INTO AN AGREEMENT WITH -- WITH

                    CHINA WITH AN ALMOST EXCLUSIVE EXTRACTION AGREEMENT AND MINING

                    AGREEMENT WITH THAT NATION.  AND YES, IT IS THAT NATION THAT WE SHOULD

                    PUT PRESSURE ON.  THE MANY VIOLATIONS OF HUMAN RIGHTS THAT ARE

                    ASSOCIATED WITH THE NATION OF CHINA DESERVE ATTENTION.  THE SECOND

                    LARGEST SOURCE OF COBALT IS RUSSIA.

                                 MR. PALMESANO:  RIGHT.

                                 MR. ENGLEBRIGHT:  SO YES, WE SHOULD -- WE

                    SHOULD BE VERY CONCERNED ABOUT THE ACCESS TO THESE SOURCES.  COBALT IS

                    NOT LIMITED -- ALTHOUGH ALMOST 70 PERCENT OF COBALT GLOBALLY DOES COME

                    FROM THE DEPOSITS IN THE CONGO, BUT IT IS A COMMON ELEMENT.  AND

                    CONCENTRATIONS OF IT AT EXTRACTIVE -- EXTRACTABLE OR MINABLE LEVELS CAN

                    BE FOUND IN MANY PLACES, AND INDEED ARE FOUND IN MANY PLACES.  AND

                    WE SHOULD ENCOURAGE THE EXTRACTION TO TAKE PLACE PREFERENTIALLY IN

                                         185



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THESE ALTERNATE SITES.  SO I AGREE WITH YOU.

                                 MR. PALMESANO:  YOU MENTIONED --

                                 MR. ENGLEBRIGHT:  SO I AGREE WITH YOU.

                                 MR. PALMESANO:  CHINA, I MEAN IT -- BECAUSE NOT

                    ONLY 70 PERCENT OF THE COBALT EXTRACTED IN THE DEMOCRATIC REPUBLIC OF

                    CONGO, BUT 87 PERCENT OF THE RARE EARTH MATERIALS THAT ARE BEING MINED

                    AND PROCESSED ARE BEING PROCESSED OUT OF CHINA.  SO CHINA OWNS THIS.

                    AND AS MY COLLEAGUE SAID, WHEN THEY -- WHEN THEY PROCESS IT THEY'RE

                    USING COAL TECHNOLOGY --

                                 MR. ENGLEBRIGHT:  WHAT CHINA OWNS IS THE

                    HUMAN RIGHTS VIOLATIONS THAT YOU RIGHTLY POINT AT.

                                 MR. PALMESANO:  YES, AND --

                                 MR. ENGLEBRIGHT:  THEY CAN'T HAVE IT BOTH WAYS.

                    THEY CAN'T CAPTURE THE LARGEST SINGLE SOURCE ON EARTH AND IGNORE THE

                    FACT THAT IT'S -- IT'S BEING DONE AT THE -- THE POINT OF A -- A GREAT

                    SUFFERING, ESPECIALLY FROM CHILDREN.

                                 MR. PALMESANO:  SURE.  EXACTLY.

                                 MR. ENGLEBRIGHT:  BUT TO POINT TO NEW YORK

                    AND SAY THAT WE'RE THE PROBLEM --

                                 MR. PALMESANO:  I'M NOT SAYING --

                                 MR. ENGLEBRIGHT:  -- IS I THINK, YOU KNOW,

                    MISSES THE POINT.

                                 MR. PALMESANO:  I'M -- I'M NOT SAYING WE'RE THE

                    PROBLEM.  IT SEEMS TO ME THAT THE END JUSTIFIES THE MEANS, AND WHEN I

                    BRING UP LET'S LEAD ON THIS, YOU GUYS -- MAYBE NOT YOU --

                                         186



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. ENGLEBRIGHT:  BUT WE HAVE --

                                 MR. PALMESANO:  (INAUDIBLE/CROSS-TALK) LOCAL

                    GOVERNMENT.

                                 MR. ENGLEBRIGHT:  WE HAVE A SMALL AMOUNT OF

                    COBALT PRODUCED TODAY FROM THE UNITED STATES AND THAT'S GOING TO

                    INCREASE SIMPLY BECAUSE THE DEMAND IS GOING TO INCREASE.  WE DO HAVE

                    MINERALOGIC SOURCING FOR THAT, AND IN OTHER NATIONS, WESTERN NATIONS AS

                    WELL.  SO, I BELIEVE THAT IF YOU GIVE THE MARKET A CHANCE TO REACT TO THE

                    DEMAND THAT WE WILL SEE ALTERNATIVES TO THIS TERRIBLE SITUATION IN THE

                    CONGO THAT YOU QUITE CORRECTLY POINT OUT IS A PROBLEM.  BUT IT IS NOT A

                    PROBLEM THAT SHOULD UNDERCUT OUR UNDERSTANDING OF WHAT THE HUMAN

                    RIGHTS VIOLATIONS ARE OF GLOBAL WARMING WITH THE -- WITH THE RISE OF SEA

                    LEVEL DESTROYING WHOLE ISLAND NATIONS.

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

                    BUT MY -- I WANTED TO GO IN A MINUTE -- BUT WHAT IMPACT ARE WE MAKING

                    HERE IN NEW YORK WHEN NEW YORK ONLY CONTRIBUTES .5, 0.5 PERCENT OF

                    THE TOTAL GLOBAL CARBON EMISSIONS, BUT CHINA'S AT 29 PERCENT, INDIA IS AT

                    7, RUSSIA'S AT 4.  CHINA IS BUILDING COAL PLANTS --

                                 MR. ENGLEBRIGHT:  OUR ROLE IS TO LEAD.

                                 MR. PALMESANO:  THEN WHY AREN'T WE LEADING ON

                    THE HUMAN RIGHTS --

                                 MR. ENGLEBRIGHT:  WE ARE TRYING TO LEAD BY

                    EXAMPLE.  IT DOESN'T MEAN THAT WE SHOULD NOT DO OUR BEST WITHIN OUR

                    OWN CAMPSITE --

                                 ACTING SPEAKER AUBRY:  GENTLEMEN, WILL WE

                                         187



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    -- WE CONFINE OURSELVES TO THIS CHAMBER, THIS BILL --

                                 MR. ENGLEBRIGHT:  WELL, THAT'S A GOOD POINT.

                                 ACTING SPEAKER AUBRY:  YOU WANT TO WANDER

                    ACROSS THE WORLD TO DISCUSS THOSE PROBLEMS I THINK THAT'S APPROPRIATE

                    SOMETIME ELSE.

                                 MR. PALMESANO:  ALL RIGHT.  I --

                                 ACTING SPEAKER AUBRY:  BUT WE'VE BEEN HERE

                    ALL DAY, YOU'D LIKE TO POSSIBLY GET OUT --

                                 MR. PALMESANO:  I'M GOING TO WRAP IT -- I'M

                    GOING TO WRAP IT FOR NOW.  EXCUSE ME --

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. PALMESANO:  THANKS FOR YOUR TIME.  I

                    APPRECIATE IT VERY MUCH.  AND ALWAYS APPRECIATE --

                                 MR. ENGLEBRIGHT:  THANK YOU VERY MUCH --

                                 MR. PALMESANO:  -- TALKING TO YOU SO --

                                 MR. ENGLEBRIGHT:  THANK YOU VERY MUCH.  I

                    APPRECIATE YOUR PERSPECTIVE AND YOUR CONCERN --

                                 MR. PALMESANO:  THANK YOU.

                                 MR. ENGLEBRIGHT:  AND WE SHOULD TAKE THE

                    ADVICE OF THE -- OF THE SPEAKER AND -- AND TALK FURTHER ABOUT THIS WHEN

                    WE HAVE A CHANCE TO --

                                 MR. PALMESANO:  YES.  THAT'S WHY I'M GOING TO

                    GO ON THE BILL AND WRAP IT UP.  I THINK -- I DIDN'T MEAN TO RAISE MY VOICE

                    WITH THE SPONSOR, I JUST GET PASSIONATE ABOUT THIS ISSUE BECAUSE WHEN I

                    ALWAYS HEAR THE OTHER SIDE OR THE GOVERNOR SAYING WE'RE GOING TO LEAD,

                                         188



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    WHEN I -- WHEN I BRING UP MY CONCERNS ABOUT THE CLCPA, WHICH THIS

                    IS ALL TIED INTO, I SAY WE SHOULDN'T BE DOING IT ALONE.  BUT THEY SAY WE'RE

                    GOING TO LEAD, PEOPLE ARE GOING TO FOLLOW.  I THINK THE ONLY THING WE'RE

                    GOING TO LEAD IS THIS CONTINUED EXODUS OF BUSINESSES, MANUFACTURERS

                    AND FAMILIES LEAVING OUR STATE, ESPECIALLY WHEN THEY SEE THE

                    REPERCUSSIONS OF SOME OF THIS FROM A FISCAL PERSPECTIVE.  UPFRONT COSTS,

                    FULL ELECTRIFICATION, $35,000 TO CONVERT YOUR HOME OVER.  BUT I HAVE TO

                    ADMIT, I HAVE A FUNDAMENTAL PROBLEM WITH THE ARGUMENT ON THE OTHER

                    SIDE SAYING WE'RE GOING TO LEAD, BUT THEN WE TALK ABOUT WHAT'S GOING ON

                    WITH THIS RARE EARTH MATERIALS EXTRACTION AND PROCESSING, PARTICULARLY IN

                    THE DEMOCRATIC REPUBLIC OF CONGO, I'M GOING TO SAY IT AGAIN --

                                 ACTING SPEAKER AUBRY:  SIR --

                                 MR. PALMESANO:  I'M -- I'M ALMOST DONE.

                                 ACTING SPEAKER AUBRY:  YOU -- YOU HAVE

                    MORE THAN MADE YOUR CASE --

                                 MR. PALMESANO:  ALL RIGHT.

                                 ACTING SPEAKER AUBRY:  -- ON THE DEMOCRATIC

                    REPUBLIC OF THE CONGO --

                                 MR. PALMESANO:  WELL --

                                 ACTING SPEAKER AUBRY:  -- AND CHINA.

                                 MR. PALMESANO:  VERY WELL --

                                 ACTING SPEAKER AUBRY:  YOU HAVE DONE THAT

                    SUCCEEDINGLY THIS WHOLE WEEK --

                                 MR. PALMESANO:  FAIR ENOUGH.

                                 ACTING SPEAKER AUBRY:  IF WE HEAR IT ONE

                                         189



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    MORE TIME --

                                 MR. PALMESANO:  ALL RIGHT.

                                 ACTING SPEAKER AUBRY:  --  I'M GOING TO THE

                    DEMOCRATIC REPUBLIC OF CONGO.

                                 (LAUGHTER)

                                 PLEASE TRY AND STAY ON THE BILL AT THE MOMENT.

                                 MR. PALMESANO:  FAIR ENOUGH.  IF WE'RE GOING TO

                    DO THIS, THEN WE NEED TO MAKE SURE EVERYONE ELSE IS HELPING AND

                    PARTICIPATING ALONG WHEN WE'RE ONLY CONTRIBUTING .5 PERCENT OF THE TOTAL

                    CARBON EMISSIONS.  WE HAVE TO WORK TOGETHER.  AND IF WE'RE GOING TO

                    LEAD ON ONE END WE HAVE TO LEAD ON BOTH.

                                 BUT ON THAT NOTE, MR. SPEAKER, I APPRECIATE YOUR

                    INDULGENCE AND MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE AND MY

                    COLLEAGUES ON THIS SIDE OF THE AISLE.  I WILL STOP SPEAKING NOW FOR THE

                    REST OF THE DAY, BUT I WANT TO BE VERY CLEAR I AM VOTING NO ON THIS

                    LEGISLATION.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  AS LONG AS YOU'RE ON

                    THE BILL, MR. PALMESANO, AS LONG AS YOU'RE ON THE BILL.  THANK YOU, SIR.

                                 MR. MANKTELOW.

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

                    APOLOGIZE FOR LAUGHING.  AM I ALLOWED TO ASK ANY QUESTIONS ON THE

                    REPUBLIC OR NOT?

                                 (LAUGHTER)

                                 MR. SPEAKER, MAY -- MAY I ASK THE SPONSOR TO YIELD

                    FOR A QUESTION, PLEASE?

                                         190



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  MR.

                    ENGLEBRIGHT, WILL YOU YIELD, SIR?

                                 MR. ENGLEBRIGHT:  I YIELD.

                                 ACTING SPEAKER AUBRY:  MR. ENGLEBRIGHT

                    YIELDS.

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

                    THANK YOU, MR. SPONSOR.  MR. ENGLEBRIGHT, JUST THE ONE QUESTION.  AS

                    WE -- AS WE MOVE FORWARD TO PASS THIS BILL TODAY, ARE WE AS LEGISLATORS

                    ALLOWED TO PARTAKE IN THIS?

                                 MR. ENGLEBRIGHT:  I BELIEVE THE ANSWER IS YES.

                                 MR. MANKTELOW:  SO WE'RE PASSING LEGISLATION

                    KNOWING THAT WE'RE -- WE ARE NOW GOING TO BE ALLOWED TO PARTAKE IN

                    SOMETHING THAT WE'RE PASSING TO BENEFIT US?

                                 MR. ENGLEBRIGHT:  YOU KNOW, IT IS NOT UNUSUAL

                    TO SEE THAT.  WE AUTHORIZE ROAD REPAIRS AND DRIVE ON THOSE ROADS.  WE

                    AUTHORIZE SEWER INSTALLATIONS AND FLUSH OUR TOILETS.  WE AUTHORIZE THE

                    ACQUISITION OF PARKLAND AND BRING OUR CHILDREN.  IT -- IT IS NOT THAT

                    UNUSUAL.

                                 MR. MANKTELOW:  OKAY.  THAT WAS MY ONLY

                    QUESTION.  I JUST -- WITH ALL THE ETHICS STUFF GOING ON I WANT TO BE SURE

                    WE'RE IN THE RIGHT PLACE.  SO I APPRECIATE YOUR ANSWERS.

                                 MR. ENGLEBRIGHT:  THANK YOU FOR YOUR QUESTION.

                                 MR. MANKTELOW:  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. WALCZYK.

                                         191



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. WALCZYK:  MR. SPEAKER, WILL THE SPONSOR

                    YIELD?

                                 ACTING SPEAKER AUBRY:  MR. ENGLEBRIGHT, WILL

                    YOU YIELD?

                                 MR. ENGLEBRIGHT:  I YIELD.

                                 MR. WALCZYK:  THROUGH YOU, MR. SPEAKER --

                                 ACTING SPEAKER AUBRY:  MR. ENGLEBRIGHT

                    YIELDS.

                                 MR. WALCZYK:  THROUGH YOU, MR. SPEAKER, I

                    HEARD THE --  THE SPONSOR RECENTLY TALK ABOUT NEW YORK STATE LEADING

                    THE WAY, LEADING BY EXAMPLE.  MY COLLEAGUE -- AND NOT TO REHASH ALL OF

                    THE POINTS ABOUT THE DEMOCRATIC REPUBLIC OF CONGO AND WHAT'S GOING

                    ON THERE WITH COBALT MINES -- BUT I WONDERED IF THE SPONSOR, THROUGH

                    YOU, COULD TELL ME IF HE'D BE SUPPORTIVE OR IF THERE'S ANY POLICY IN THE

                    STATE OF NEW YORK OF OPENING COBALT MINES IN THIS STATE.

                                 MR. ENGLEBRIGHT:  DO I ANSWER THROUGH YOU?

                    OR DO I -- DO -- HAVE I YIELDED AND AM ALLOWED TO SPEAK?

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  YOU HAVE YIELDED

                    AND YOU CAN ANSWER HIM DIRECTLY.  IT IS --

                                 MR. ENGLEBRIGHT:  OKAY.

                                 ACTING SPEAKER AUBRY:  -- RIGHT.

                                 MR. ENGLEBRIGHT:  WE DO NOT HAVE COBALT

                    DEPOSITS THAT ARE OF COMMERCIAL VIABILITY IN NEW YORK.

                                 MR. WALCZYK:  THROUGH YOU, MR. SPEAKER, ARE

                                         192



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    YOU AWARE THAT IN THE LOWER HUDSON VALLEY AND IN NORTHERN NEW

                    YORK THERE ARE INDEED COBALT DEPOSITS?

                                 MR. ENGLEBRIGHT:  COBALT IS WIDESPREAD, IT IS A

                    COMMON ELEMENT.  I SAID WE DON'T -- TO MY KNOWLEDGE -- YOU CAN

                    CORRECT ME IF YOU HAVE OTHER INFORMATION -- BUT TO MY KNOWLEDGE WE

                    DO NOT HAVE COMMERCIALLY-VIABLE CONCENTRATIONS OF THAT ELEMENT IN THIS

                    STATE.  THAT'S A MARKET ANALYSIS, IT IS NOT A -- A GEOGRAPHIC ANALYSIS.

                                 MR. WALCZYK:  THROUGH YOU, MR. SPEAKER, IF THE

                    SPONSOR WOULD CONTINUE TO YIELD, COMMERCIAL VIABILITY SEEMS A LITTLE

                    BIT SUBJECTIVE WHEN WE'RE COMPARING OUR COBALT DEPOSITS TO THOSE OF

                    THE DEMOCRATIC REPUBLIC OF CONGO OR OTHER PLACES THAT HAVE BEEN

                    MENTIONED IN THE WORLD.  IF IT IS INDEED YOUR INTENT FOR THIS LEGISLATION

                    AND MANY OTHER PIECES THAT ARE BROUGHT BEFORE US TODAY AND IN THE

                    FUTURE FOR US TO INDEED LEAD, WOULDN'T IT BE OUR OBLIGATION, THEN, TO PUT

                    FORWARD POLICIES THAT -- THAT SHOW THE WORLD THIS IS HOW YOU MINE FOR

                    COBALT THE CORRECT WAY?

                                 MR. ENGLEBRIGHT:  WELL, IF WE CAN DO THAT WE

                    SHOULD DO THAT.  I AGREE WITH THE PREMISE.  SOMETIMES WE DON'T ALWAYS

                    GET THERE INSTANTLY.  COBALT IS CONCENTRATED IN NATURE IN SEVERAL

                    DIFFERENT WAYS.  HYDROTHERMAL DEPOSITS IN THE CONGO, IT'S ASSOCIATED

                    WITH METEORITE DEPOSITS.  METEORITE IMPACT AND NICKEL DEPOSITS IN

                    CANADA.  IT DEPENDS UPON WHERE YOU LOOK ON THE EARTH.  AND SO OUR --

                    OUR COBALT DEPOSITS VARY IN THEIR EXTRACTION FOR COMMERCIAL PURPOSES

                    POTENTIAL.  AND I THINK WE SHOULD LET THE MARKET TO A LARGE EXTENT

                    DETERMINE THE VIABILITY OF THAT WHILE KEEPING AN EYE ON THE ISSUE THAT

                                         193



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    OUR COLLEAGUE HAS RIGHTLY RAISED ON NUMEROUS OCCASIONS ABOUT THE

                    HUMAN RIGHTS CONSIDERATIONS.  I THINK THAT THAT IS A VIABLE PART OF THE

                    ARRAY OF CONSIDERATIONS THAT WE NEED TO MAKE.

                                 MR. WALCZYK:  THANK YOU FOR YIELDING FOR MY

                    QUESTIONS, MR. CHAIR.

                                 MR. ENGLEBRIGHT:  PLEASURE.

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

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. WALCZYK:  I -- I AGREE WITH MY COLLEAGUE AND

                    THE CHAIR OF THE ENVIRONMENTAL CONSERVATION COMMITTEE IN -- IN A

                    COUPLE OF WAYS, AND THAT'S ONE THAT WE IN NEW YORK STATE HAVE THE

                    OPPORTUNITY TO LEAD.  SOMETIMES WE SHOULD ABSOLUTELY TAKE THAT

                    OPPORTUNITY.  AND IF THAT MEANS MINING IN THE STATE OF NEW YORK TO

                    SHOW THE WORLD THAT WE CAN USE OUR -- OUR RESOURCES VERY WELL AND BE

                    GOOD STEWARDS OF OUR ENVIRONMENT AT THE SAME TIME, GREAT.  THERE'S A

                    NUMBER OF MINES THAT ARE VERY VIABLE IN NORTHERN NEW YORK AND MANY

                    OTHER PLACES IN NEW YORK STATE, BUT THIS STATE HAS BEEN AGAINST AND

                    BEEN OVERREGULATING AND TO SHUT DOWN FOR THE PURPOSE OF THEY'RE JUST

                    MINES.  SO, YOU KNOW, RESPECTFULLY, IF WE'RE GOING TO LEAD WE HAVE THE

                    OPPORTUNITY TO DO SO IN THAT WAY.  AND THE GOOD SPONSOR OF THIS

                    LEGISLATION ALSO CONCLUDED WITH LET THE MARKET LEAD, WHICH I THOUGHT

                    WAS ONE OF MY FAVORITE THINGS THAT HE SAID TODAY.  THIS BILL, WHICH

                    ESTABLISHES ELECTRIC LANDSCAPING EQUIPMENT REBATE PROGRAM PROBABLY

                    ISN'T GOING TO SAVE US FROM A GLOBAL CLIMATE CRISIS, I'M -- I'M GOING TO

                    ASSUME.  AND I THINK WHEN IT COMES TO ADVANCEMENTS IN TECHNOLOGY

                                         194



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    WE REALLY DON'T NEED TO FORCE PEOPLE, WHETHER IT BE EVS OR WHAT

                    APPLIANCES THEY USE IN THEIR HOMES OR WHAT LANDSCAPING EQUIPMENT WE

                    THINK IS PROPER, I THINK TO THE CHAIR'S POINT, LET THE MARKET LEAD IS

                    PROBABLY GOING TO FIGURE OUT A LOT OF THESE EMERGING TECHNOLOGIES AND

                    A LOT BETTER THAN ANYBODY IN THIS ROOM IS GOING TO FIGURE OUT ON BEHALF

                    OF FREE MARKET CAPITALISM.

                                 AND WITH THAT I CONCLUDE MY COMMENTS.  THANK YOU,

                    MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MR. GOODELL.

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

                    THE SPONSOR BE WILLING TO ANSWER SOME QUESTIONS ABOUT THE --

                                 ACTING SPEAKER AUBRY:  MR. --

                                 MR. GOODELL: -- THE LANGUAGE?

                                 ACTING SPEAKER AUBRY:  -- ENGLEBRIGHT, WILL

                    YOU YIELD, SIR?

                                 MR. ENGLEBRIGHT:  I WOULD BE PLEASED TO YIELD.

                                 MR. GOODELL: THANK YOU.  I SEE THAT THE BILL ON

                    PAGE 3 LISTS VARIOUS PERCENTAGES AND -- AND CAPS ON REBATES.  A 70

                    PERCENT CAP AT A CERTAIN VALUE.

                                 MR. ENGLEBRIGHT:  YEAH.

                                 MR. GOODELL:  LOOKING AT PAGE 3, LINE 17, FOR

                    EXAMPLE, YOU CAN GET A REBATE OF 70 PERCENT OF THE PURCHASE PRICE OF A

                    WALK-BEHIND MOWER NOT TO EXCEED $500.  AND ON LINE 18 YOU CAN GET A

                    REBATE ON A NEW RIDE-ON LAWNMOWER, 70 PERCENT NOT TO EXCEED $5,000,

                                         195



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    CORRECT?

                                 MR. ENGLEBRIGHT:  CORRECT.

                                 MR. GOODELL:  BUT THEN WHEN I LOOK ON THE PAGE

                    BEFORE ON LINE 28 IT SAYS AN INDIVIDUAL APPLICANT SHALL RECEIVE NO MORE

                    THAN $300 IN REBATE PER YEAR.  DOES THAT MEAN, THEN, THAT WE DON'T

                    REALLY MEAN $5,000, WE JUST MEAN 300?

                                 MR. ENGLEBRIGHT:  WHAT YOU'RE LOOKING AT IS

                    VARIABILITY BY CLASS OF USER.  INDIVIDUALS HAVE THE $300 FIGURE FOR AN

                    INDIVIDUAL HOMEOWNER, BUT IF YOU ARE A COMMERCIAL ENTITY YOU HAVE

                    ELIGIBILITY FOR THE LARGER AMOUNTS.

                                 MR. GOODELL:  I SEE.  THANK YOU FOR CLARIFYING IT.

                    SO IN OTHER WORDS, IF YOU'RE A HOMEOWNER AND YOU BUY A RIDE-ON

                    LAWNMOWER YOUR MAXIMUM REIMBURSEMENT WOULD BE $300.

                                 MR. ENGLEBRIGHT:  I DON'T THINK SO.  I THINK THE

                    HOMEOWNER WHO WANTS TO -- TO SPEND THAT KIND OF MONEY TO BUY THAT

                    KIND OF EQUIPMENT WOULD BE ELIGIBLE, ALSO.  I DON'T -- I DON'T SEE IT

                    LIMITED.  LET ME JUST SEE IF THE BRAIN TRUST OVER HERE HAS ANOTHER

                    OPINION.  JUST A SECOND.

                                 (PAUSE)

                                 YES, SO WHAT I SAID A MOMENT AGO IS APPARENTLY

                    ACCURATE.  I SURPRISE MYSELF SOMETIMES.  IF YOU ARE A COMMERCIAL ENTITY

                    YOU'RE ELIGIBLE FOR UP TO $15,000.  THESE LARGER NUMBERS ARE SUBUNITS

                    OF THAT.  AND AN INDIVIDUAL HOMEOWNER WOULD BE UP TO $300.

                                 MR. GOODELL:  I SEE.  NOW, I ALSO NOTE THAT --

                                 MR. ENGLEBRIGHT:  IT'S AN ANNUALIZED BASIS.

                                         196



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. GOODELL:  MM-HMM.  I ALSO NOTE THAT IT

                    PROVIDES THAT THE FUNDING IS ON A FIRST COME, FIRST SERVED BASIS.

                                 MR. ENGLEBRIGHT:  YES.

                                 MR. GOODELL:  THAT'S ON PAGE 2, LINE 36.  WHEN

                    YOU SAY FIRST COME, FIRST SERVED, IS THAT BASED ON A CALENDAR YEAR OR OUR

                    YEAR?  WHEN DOES THE CLOCK START RUNNING?

                                 MR. ENGLEBRIGHT:  WE DON'T PROSCRIBE A

                    BEGINNING MOMENT IN THE LAW, WE DO -- OTHER THAN THE ELIGIBILITY ONCE

                    THIS IS SIGNED FOR NYSERDA TO SET THE RULES.  SO AS SOON AS THEY DO

                    THAT AND MAKE THIS AVAILABLE TO THE PUBLIC, FIRST COME, FIRST SERVED.

                                 MR. GOODELL:  I GUESS MY QUESTION IS HOW DO WE

                    DETERMINE WHO'S FIRST IF WE DON'T KNOW WHEN WE START MEASURING THE

                    TIME PERIOD?

                                 MR. ENGLEBRIGHT:  WELL, I KNOW WHO'S FIRST AND

                    WHO'S LAST.  WHO'S FIRST IS WHO GETS THERE FIRSTEST WITH THE MOSTEST AND

                    WHO'S LAST IS THE PERSON BEFORE THE DOOR CLOSES ON AVAILABLE RESOURCES

                    IN A GIVEN YEAR.

                                 MR. GOODELL:  IF YOU APPLIED IN -- IN YEAR ONE AND

                    WERE FIRST, DOES YOUR APPLICATION THEN CONTINUE OVER AUTOMATICALLY THE

                    NEXT YEAR SO YOU'RE A LOT CLOSER TO BEING FIRST?

                                 MR. ENGLEBRIGHT:  SO THIS IS A POINT OF SALE, YOU

                    GO TO YOUR -- YOUR HOME DEPOT OR YOUR LOWE'S, YOUR GARDEN CENTER,

                    YOU PURCHASE THE EQUIPMENT AND IF THIS PROGRAM IS IN EFFECT, IT'S

                    ELIGIBLE AT THAT MOMENT.

                                 MR. GOODELL:  I SEE.  SO IF YOU BUY ONE OF THESE

                                         197



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    PIECES OF EQUIPMENT THINKING THAT YOU'RE GETTING A REFUND OR A REBATE

                    UP TO 70 PERCENT, YOU MIGHT NOT GET IT AT ALL THEN IF YOU'RE NOT FIRST OR

                    NEAR THE BEGINNING; IS THAT CORRECT?  YOU WOULDN'T KNOW UNTIL AFTER YOU

                    -- YOU SPEND ALL THE MONEY?

                                 MR. ENGLEBRIGHT:  YOU -- YOU GET YOUR

                    REDUCTION AT THE POINT OF SALE, NYSERDA HAS TO -- THE PROGRAM --

                                 MR. GOODELL:  BUT THE REBATES -- THE REBATES WERE

                    FIRST COME, FIRST SERVED, SO IF YOU GO AND BUY IT --

                                 MR. ENGLEBRIGHT:  YEAH.

                                 MR. GOODELL:  -- AFTER THEY'VE EXHAUSTED THE

                    FUNDS, YOU WOULDN'T GET ANY REBATE, RIGHT?

                                 MR. ENGLEBRIGHT:  LOOK, I'M GOING TO LEAVE THIS

                    TO NYSERDA.  WE DIDN'T TRY TO FIGURE OUT THE INTRICATE DETAILS OF

                    COMMERCIAL ACTIVITY AT -- AT ALL LEVELS OF A SALES PROCESS.

                                 MR. GOODELL:  I SEE.

                                 MR. ENGLEBRIGHT:  I AM GOING TO RELY UPON THE

                    LEGISLATIVE AUTHORIZATION AND THE WILL OF THE LEGISLATURE AND THE

                    GOVERNOR TO BE SOMETHING THAT IS WELL RECEIVED BY NYSERDA AND

                    ANTICIPATE THAT THEY WILL WORK OUT WAYS TO GET THE MONEY TO THE POINT

                    OF SALE.

                                 MR. GOODELL:  DOES THIS ENVISION ANY

                    APPROPRIATION BY THE STATE LEGISLATURE TO --

                                 MR. ENGLEBRIGHT:  NO.

                                 MR. GOODELL:  -- NYSERDA?

                                 MR. ENGLEBRIGHT:  NO.  THIS IS ALL GOOD, ALL

                                         198



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    POSITIVE FROM EXISTING RESOURCES THAT NYSERDA HAS AND WE'RE ASKING

                    THEM TO COBBLE THOSE RESOURCES TOGETHER ON AN ANNUALIZED BASIS TO

                    MEET THIS IMPERATIVE THAT WE ARE -- THAT WE'RE IN THE PROCESS OF

                    DISCUSSING.

                                 MR. GOODELL:  NOW, I NOTE ALSO ON PAGE 2, LINE

                    42, IF NYSERDA PROJECTS THAT THE FUNDS AREN'T -- WON'T HAVE ENOUGH

                    FUNDS AVAILABLE, IT SAYS THAT THE AUTHORITY CAN REDUCE THE ELIGIBLE LAWN

                    CARE REBATE AMOUNTS IF THE AUTHORITY DETERMINES THAT THE FUNDS WOULD

                    OTHERWISE BE EXHAUSTED PRIOR TO THE END OF THE FISCAL YEAR, RIGHT?

                                 MR. ENGLEBRIGHT:  CORRECT.

                                 MR. GOODELL:  SO HOW WOULD A CONSUMER KNOW

                    HOW MUCH IS AVAILABLE OR DO WE ANTICIPATE --

                                 MR. ENGLEBRIGHT:  WE'RE TRYING TO INCENTIVIZE A

                    CONSUMER TO TRANSITION FROM THE USE OF GAS DEVICES TO THE USE OF -- OF

                    BATTERY DRIVEN DEVICES.  AND I JUST WANT TO GIVE YOU A SENSE OF WHAT

                    WE'RE TALKING ABOUT THERE.  ONE --

                                 MR. GOODELL:  I -- EXCUSE ME, I --

                                 MR. ENGLEBRIGHT:  ONE HOUR OF OPERATING A GAS

                    POWER LAWNMOWER IS THE EQUIVALENT IN --

                                 MR. GOODELL:  EXCUSE ME, MR. ENGLEBRIGHT.

                                 MR. ENGLEBRIGHT:  -- SMOG OF DRIVING A CAR 300

                    MILES --

                                 MR. GOODELL:  NO.  I -- AND I -- I REALLY APPRECIATE

                    IT.  MY -- MY QUESTION IS JUST A FINANCIAL ONE REALLY AND THAT IS THIS

                    LEGISLATION IS PRETTY CLEAR THAT THESE REBATES, THE 70 PERCENT AND THE

                                         199



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DOLLAR AMOUNTS ARE MAXIMUM, THEY'RE NOT FLOORS, THEY'RE CAPS THEN

                    BECAUSE IT GOES ON TO SAY THAT IF NYSERDA BELIEVES IT'S NOT GOING TO

                    HAVE ENOUGH MONEY TO MAKE IT THROUGH THE END OF THE YEAR, WE

                    EXPRESSLY SAY THAT NYSERDA CAN REDUCE THE AMOUNT OF THE REBATE.

                    MY QUESTION THEN IS VERY, VERY SIMPLE.  IF I'M A CONSUMER AND I'M

                    THINKING OF BUYING AN ELECTRIC CHAINSAW FOR MY WIFE, HOW DO I KNOW

                    HOW MUCH THE REBATE WILL BE OR DO I HAVE TO --

                                 MR. ENGLEBRIGHT:  WELL, THE REBATE IS -- IS --

                    YOU'VE ALREADY POINTED TO SOME PARTS OF IT, BUT IN THE LARGER SENSE

                    YOU'RE ASKING ABOUT INFORMATION EXCHANGE.  THIS REQUIRES THAT

                    NYSERDA KEEP THE INFORMATION POSTED ON THEIR WEBSITE, AVAILABLE TO

                    THE PUBLIC, AVAILABLE TO THE MERCHANTS OF THE STATE WHO SELL THIS

                    EQUIPMENT.  AND WE ANTICIPATE THE MERCHANTS WILL USE THIS AS A WAY TO

                    DRAW PEOPLE TO THE STORE FOR THE PURCHASE OF THE EQUIPMENT, AND THAT

                    THEY WILL HELP US WITH THE PUBLIC EDUCATION COMPONENT.

                                 MR. GOODELL:  NOW, WILL THIS REBATE BE AVAILABLE

                    FOR PURCHASES FROM OUT-OF-STATE RETAILERS?  MY -- MY DISTRICT IS -- HAS --

                    IS PENNSYLVANIA ON TWO SIDES, NOT JUST ONE; I ONLY HAVE NEW YORK ON

                    SIDE, I HAVE PENNSYLVANIA ON TWO SIDES, A LOT OF CROSS THE BORDER ON

                    RETAIL SALES.  IF I BUY AN ELECTRIC WEEDWACKER FROM THE LOWE'S IN

                    PENNSYLVANIA, WILL I BE ELIGIBLE FOR THIS REBATE?

                                 MR. ENGLEBRIGHT:  I'VE GOT TO LEAVE THAT TO

                    NYSERDA.  I CAN ONLY TELL YOU THAT THE LEGISLATIVE PURPOSE HERE IS FOR

                    THE BENEFIT TO BE TO PEOPLE WHO LIVE AND ARE CITIZENS OF NEW YORK

                    STATE, LIVE WITHIN OUR BORDERS, AND THAT THEY WOULD GO TO A -- A MARKET.

                                         200



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    NOW, YOU'RE SAYING WHAT IF THE MARKET IS OUT-OF-STATE.  THAT WE SHOULD

                    -- WE SHOULD PROBABLY CLARIFY WITH AN INSTRUCTION OF INTENT, OF

                    LEGISLATIVE INTENT IF IT ISN'T ALREADY CLEAR ENOUGH.

                                 MR. GOODELL:  THANK YOU VERY MUCH.

                                 MR. ENGLEBRIGHT:  THIS IS DIRECTED TOWARD NEW

                    YORK RESIDENTS AND NEW YORK MERCHANTS, AND I ANTICIPATE THAT THAT IS

                    PROBABLY THE WAY THAT NYSERDA WILL WRITE -- WRITE THE REGULATIONS.

                                 MR. GOODELL:  THANK YOU, MR. ENGLEBRIGHT.  I

                    APPRECIATE IT.

                                 MR. ENGLEBRIGHT:  YOU'RE WELCOME.

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

                                 ACTING SPEAKER BRAUNSTEIN:  ON THE BILL,

                    MR. GOODELL.

                                 MR. GOODELL:  YOU KNOW, JUST A WEEK OR TWO AGO

                    WE HAD AN EXTENSIVE DEBATE ABOUT THE RETAIL STORES THAT OFFER SALES AND

                    RUN OUT OF THE PRODUCT RIGHT BEFORE THE SALE IS OVER, REMEMBER THAT

                    DEBATE?  IT WENT ON FOR SEVERAL HOURS ABOUT WHETHER OR NOT A RETAIL

                    STORE WOULD HAVE TO GIVE YOU A RAIN CHECK.  WELL, HERE'S THE IRONY.

                    THAT DEBATE POINTED OUT THAT THE RETAIL MARKET IS A REALLY PRETTY

                    COMPLICATED.  THERE'S A LOT OF COMPLEXITIES TO IT.  AND THIS BILL HAS THE

                    SAME ISSUES, DOESN'T IT?  BECAUSE THIS BILL SAYS TO THE CONSUMER YOU'RE

                    ENTITLED TO A REBATE OF UP TO 70 PERCENT UP TO A CERTAIN DOLLAR CAP, BUT

                    FIRST COME, FIRST SERVED.  WAIT A MINUTE, WHAT HAPPENED TO THAT RAIN

                    CHECK?  FIRST COME, FIRST SERVED AND YOU DON'T FIND OUT WHETHER YOU'RE

                    FIRST OR YOU'RE LAST UNTIL AFTER YOU BOUGHT THE PRODUCT.  OUCH.

                                         201



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 AND THEN IT GOES ON TO SAY, BY THE WAY, IF NYSERDA

                    DOESN'T THINK IT HAS ENOUGH MONEY TO MAKE IT THROUGH THE END OF ITS

                    FISCAL YEAR, IT CAN REDUCE THE AMOUNT OF THE REBATE.  OKAY.  BUT IF I'M A

                    CONSUMER, I WANT TO KNOW WHAT I'M PAYING, DON'T YOU?  I MEAN, THIS IS

                    LIKE ADVERTISING THERE'S A 70 PERCENT OFF SALE AND AFTER YOU BUY THE

                    PRODUCT YOU FIND OUT OH NO, IT'S ONLY 35 PERCENT, OR WHATEVER THE

                    AMOUNT IS THAT NYSERDA DECIDES.  OR MAYBE YOU DON'T GET ANYTHING

                    BECAUSE THEY RAN OUT OF MONEY.

                                 SO YOU KNOW, WHEN WE TRY TO REGULATE THE

                    COMPLEXITIES OF THE PRIVATE SECTOR, WE NEED TO THINK ABOUT THESE ISSUES

                    AND WE NEED TO ADDRESS THEM BEFORE OUR CONSUMERS GO OUT AND FIND OUT

                    TO THEIR GREAT DISMAY THAT THEY'RE ACTUALLY NOT GETTING THE REBATE THAT WE

                    PROMISED.  SO IF A RESIDENT FROM PENNSYLVANIA COMES OVER THE BORDER

                    AND STOPS AT HOME DEPOT AND BUYS A -- AN ELECTRIC LAWN CARE PIECE OF

                    EQUIPMENT, ARE THEY GETTING THE REBATE?  DOES HOME DEPOT HAVE TO

                    DEMAND A LICENSE AND THEN ONLY PROCESS IT FOR NEW YORKERS, AND WHAT

                    ABOUT THE REVERSE?  IF YOU'RE IN NEW YORK AND YOU GO ACROSS THE

                    BORDER AND BUY A LAWN CARE, DO YOU GET THE REBATE FROM NYSERDA

                    THEN?  MY FRIENDS, WE NEED TO ANSWER THESE QUESTIONS BEFORE WE PASS

                    THE BILL, NOT AFTERWARDS.

                                 AND I LOVE THE CONCEPT MY COLLEAGUE, MY FRIEND, I

                    LIKE THE CONCEPT OF ENCOURAGING THESE PURCHASES, BUT JUST LIKE A RETAIL

                    BUSINESS, IF WE WERE JOHN DEERE AND WE SAID IN AN ADVERTISEMENT WE'RE

                    GOING TO GIVE YOU 70 PERCENT OFF, YOU CAN BET WITHIN JOHN DEERE WE

                    WOULD KNOW WHAT STORES, WHAT CONSUMERS, AND WHAT THE ELIGIBILITY

                                         202



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    STANDARDS ARE, RIGHT?  SO BEFORE WE PASS A BILL THAT SAYS, HEY, WE'RE

                    GOING TO GIVE YOU 70 PERCENT OFF, READ IT ON THE FRONT PAGE OF YOUR LOCAL

                    NEWSPAPER, AND THEN WAIT FOR THE CALLS FROM YOUR CONSTITUENTS WHO

                    COME BACK AND SAY, HEY, WAIT A MINUTE, NYSERDA TOLD ME FIRST COME,

                    FIRST SERVED AND I WASN'T FIRST.  OR NYSERDA SAID, HEY, WE DIDN'T

                    HAVE ENOUGH MONEY SO WE CUT IT FROM 70- TO YOU FILL IN THE BLANK, TEN

                    PERCENT, ZERO, FIVE.

                                 MY FRIENDS, BEFORE WE CREATE THIS RAFTLOAD OF

                    CONSUMER COMPLAINTS BECAUSE WE DON'T SPECIFY WHAT WE'RE ACTUALLY

                    DOING, LET'S SIT DOWN WITH NYSERDA, LET'S COME UP WITH A BUDGET,

                    LET'S COME UP WITH A PLAN, LET'S DECIDE WHO GETS WHAT AND AT WHAT

                    PERCENT BEFORE WE ADVERTISE THAT WE'RE MOVING FORWARD ON THE REBATE

                    PROGRAM AND THE REBATE IS SOMEWHERE BETWEEN ZERO AND 70 PERCENT

                    DEPENDING ON WHETHER YOU'RE FIRST OR LAST, AND SOMEWHERE BETWEEN

                    ZERO AND 70 PERCENT DEPENDING ON HOW MUCH MONEY NYSERDA HAS,

                    AND WE HAVEN'T DEFINED THAT EITHER.

                                 SO BEFORE WE TRY TO IMPLEMENT A PROJECT AND WE MAKE

                    PROMISES TO CONSUMERS, LET'S MAKE SURE THAT WE CAN DELIVER AND THAT

                    WHAT WE'RE TELLING THE CONSUMERS IS WHAT'S ACTUALLY GOING TO HAPPEN.

                    AND FOR THOSE REASONS, WHILE I LIKE THE CONCEPT, I THINK WE NEED TO

                    WORK ON IT A LITTLE BIT MORE TO NAIL DOWN THESE PRACTICAL DETAILS.  AND

                    WHEN WE DO, WE MIGHT WANT TO REACH OUT TO A COUPLE OF EXECUTIVES

                    FROM, YOU KNOW, HOME DEPOT AND LOWE'S AND SOME OF THE LOCAL

                    RETAILERS AND SAY, HEY, HOW DO YOU GUYS RUN THIS TYPE OF PROGRAM?

                    HOW DO YOU PRICE IT?  HOW DO YOU STRUCTURE IT?  HOW DO YOU DELIVER

                                         203



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    IT?  BECAUSE UNTIL WE DELIVER, WE'RE GOING TO LOOK LIKE -- LIKE WE'RE

                    MAKING PROMISES WE CAN'T KEEP.

                                 SO I WOULD RECOMMEND THAT WE ACTUALLY DELAY ON THIS

                    GREAT CONCEPT UNTIL WE WORK OUT THOSE DETAILS.  THANK YOU, SIR.  AND

                    AGAIN, I APPRECIATE MY COLLEAGUE AND HIS THOUGHTFULNESS, AND I LIKE THE

                    CONCEPT, BUT I THINK WE NEED TO PUT A LITTLE MORE FLESH AND BONES ON IT.

                    THANK YOU, SIR.

                                 ACTING SPEAKER BRAUNSTEIN:  THANK YOU,

                    MR. GOODELL.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER BRAUNSTEIN:  THE CLERK WILL

                    RECORD THE VOTE ON SENATE BILL 7453-A.  THIS IS A FAST ROLL CALL.  ANY

                    MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE --  CORRECTION, 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 VERY MUCH, MR.

                    SPEAKER.  AND IT WAS NOT YOUR MISTAKE, IT WAS OUR MISTAKE.  WHEN WE

                    -- WHEN WE LOOKED AT THE BILL WE FAILED TO REALIZE THAT ALMOST ALL, BUT

                    NOT ALL, (INAUDIBLE) IN ALMOST ALL OF OUR COLLEAGUES IN COMMITTEE HAD

                    NOTED NO, BUT NOT ALL.  AND SO WE ARE GOING TO HAVE SOME HAPPY

                    SUPPORTERS OF THIS BILL, BUT IN GENERAL THE REPUBLICAN CONFERENCE IS

                    OPPOSED.  AND FOR THOSE WHO ARE HAPPY TO SUPPORT THIS BILL, OF COURSE

                                         204



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    WE LOOK FORWARD TO THEIR VOTE BEING CAST ON THE FLOOR OR BY CONTACTING

                    THE MINORITY LEADER'S OFFICE.

                                 THANK YOU, MR. SPEAKER, AND AGAIN, I APOLOGIZE FOR

                    THE MISLEADING SUGGESTION AT THE BEGINNING.

                                 ACTING SPEAKER BRAUNSTEIN:  THANK YOU,

                    MR. GOODELL.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  WE TEND TO START MAKING MISTAKES.  WE'VE BEEN HERE A LONG

                    TIME TODAY AND HAVEN'T HAD WARM FOOD YET TODAY.  BUT I DO WANT TO SAY

                    THAT THIS -- GENERALLY OUR CONFERENCE IS GOING TO BE IN FAVOR OF THIS

                    PIECE OF LEGISLATION.  HOWEVER, THERE MAY BE A COUPLE OF US WILL

                    CHOOSE TO BE AN EXCEPTION.  PLEASE FEEL FREE TO CONTACT THE MAJORITY

                    LEADER'S OFFICE.  WE WILL BE PLEASED TO RECORD YOUR VOTE.

                                 ACTING SPEAKER BRAUNSTEIN:  THANK YOU.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MR. ENGLEBRIGHT TO EXPLAIN HIS VOTE.

                                 MR. ENGLEBRIGHT:  THANK YOU, MR. SPEAKER.

                    YOU'VE JUST HEARD SOME CONCERNS ABOUT PLANNING.  I AM ALWAYS VERY

                    FAVORABLE TO THE IDEA OF THINKING AND PLANNING TO THE EXTENT THAT IT IS

                    POSSIBLE.  AND I BELIEVE THAT THIS BILL INCLUDES THAT EXPECTATION ON THE

                    PART OF NYSERDA.  I SHOULD POINT OUT WE'RE NOT INVENTING A NEW

                    WHEEL HERE.  NYSERDA AND SIMILAR PROGRAMS ARE REALLY REDUNDANT.

                    FOR EXAMPLE, LOW-FLOOR -- LOW-FLOW SHOWER HEADS ARE MADE AVAILABLE

                    THROUGH A SIMILAR PROGRAM THROUGH UTILITIES AND (INAUDIBLE).  LOW-

                                         205



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ELECTRIC USAGE LIGHT BULBS ARE AVAILABLE THROUGH NYSERDA AND

                    THERMOSTATS ARE AVAILABLE THROUGH A SIMILAR PROGRAM AND THROUGH

                    UTILITIES.  AND SO WE HAVE A MODEL THAT HAS BEEN WORKING AS AN

                    INCENTIVIZATION FOR OTHER DEVICES AND THIS FOLLOWS THAT MODEL.  SO IT

                    ISN'T AS IF WE NEED TO WAIT UNTIL WE LEARNED WHETHER OR NOT THE MODEL

                    WORKS, WE HAVE EXAMPLES TO POINT AT THAT WORK VERY WELL.  THIS WILL

                    FOLLOW IN THAT TRADITION.

                                 I VOTE YES AND ENCOURAGE MY COLLEAGUES TO DO THE

                    SAME.  THANK YOU.

                                 ACTING SPEAKER BRAUNSTEIN:  MR.

                    ENGLEBRIGHT IN THE AFFIRMATIVE.

                                 MR. SMULLEN TO EXPLAIN HIS VOTE.

                                 MR. SMULLEN:  YEAH, THANK YOU, MR. SPEAKER, TO

                    EXPLAIN MY VOTE.  ONE THING I JUST WANTED TO MAKE SURE WAS PUT ON THE

                    RECORD HERE IS THERE'S STILL SOME SERIOUS QUESTIONS ON ENERGY DENSITY

                    HAVING TO DO WITH BATTERY-POWERED SMALL DEVICES BEING ABLE TO

                    SUPPLANT CURRENT FOSSIL FUEL GAS-POWERED DEVICES.  RIGHT NOW THE

                    BATTERY TECHNOLOGY DOESN'T SUPPORT IT.  I DID SOME ANALYSIS AND RESEARCH

                    INTO THE ACTUAL DEVICES THAT ARE OUT ON THE MARKET, AND AT THIS POINT

                    THEY ARE NOT COMPETITIVE WITH THE OTHER COMMERCIAL DEVICES THAT ARE

                    OUT THERE.  AND WHILE I UNDERSTAND THAT THIS IS SUPPOSED TO GENERATE THE

                    DEMAND FOR THESE DEVICES SO THE TECHNOLOGY CAN CATCH UP, I HAVE SOME

                    SERIOUS DOUBTS WHETHER THAT CAN BE DONE IN A TIMELY MANNER FOR

                    NYSERDA TO BE ABLE TO SUBSIDIZE UP TO 70 PERCENT OF WHAT WILL

                    DEFINITELY BE A GAME-CHANGER FOR THE LANDSCAPING ENERGY.  AND WHAT IT

                                         206



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    WILL CREATE THAT HAS BEEN BROUGHT OUT IN THIS DEBATE, IS THIS DOES NOT

                    ACCOUNT FOR HOW THIS IS GOING TO ACTUALLY DISRUPT THE INDUSTRY IN A

                    NEGATIVE WAY BY INCENTIVIZING THE WRONG THING AT THE WRONG TIME.  AND

                    I -- I WOULD ENCOURAGE THAT WE -- WE CONTINUE DOWN THIS PATH OF

                    THINKING.  BUT WE LOOK AT THESE DEVICES THEMSELVES, SEE WHETHER THE

                    MARKET IS READY FOR THEM AND WHETHER WE ARE PREMATURELY PICKING

                    WINNERS AND LOSERS IN THE TECHNOLOGY GAME, THAT DOES NOT DO WELL FOR

                    OUR CITIZENS.

                                 SO FOR THOSE REASONS I WILL NOT BE SUPPORTING THIS

                    LEGISLATION, ALTHOUGH I UNDERSTAND THE INTENT AND SUPPORT THE MOVEMENT

                    TOWARDS BATTERY-POWERED TECHNOLOGY.  THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU.  MR.

                    SMULLEN IN THE NEGATIVE.

                                 MR. GOODELL.

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

                    COLLEAGUES MR. ASHBY, MR. BROWN AND MR. BROWN, MR. DESTEFANO,

                    MR. MICHAEL LAWLER AND MS. WALSH IN THE AFFIRMATIVE.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  SO NOTED.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE BILL IS PASSED.

                                 PAGE 7, RULES REPORT NO. 90, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY NO. A09279-A, RULES

                    REPORT NO. 90, ENGLEBRIGHT, KELLES, GRIFFIN, LUNSFORD, L. ROSENTHAL,

                                         207



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    BURDICK, GLICK, THIELE, COLTON, ABINANTI, JEAN-PIERRE, RAMOS.  AN ACT

                    TO AMEND THE ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO

                    ESTABLISHING A CARPET COLLECTION PROGRAM.

                                 ACTING SPEAKER AUBRY:  AN EXPLANATION IS

                    REQUESTED, MR. ENGLEBRIGHT.

                                 MR. ENGLEBRIGHT:  THANK YOU, MR. SPEAKER.

                    THIS IS A MEASURE THAT WOULD BASICALLY BE IN THE MOLD OF AN EXTENDED

                    PRODUCER RESPONSIBILITY FOR CARPETS.  MOST CARPETS ARE PLASTIC.

                    SOMETHING LIKE 94 PERCENT OF ALL OF THE CARPETS ON THE MARKET ARE

                    PLASTIC.  AND DESPITE THE FACT THAT THE PLASTICS INDUSTRY SAYS THAT PLASTIC

                    IS RECYCLABLE, THE AMOUNT OF PLASTIC CARPETING THAT IS BEING RECYCLED IS

                    1 PERCENT OR LESS.  AND SO WHERE DOES IT GO AT THE END OF THE USEFUL LIFE

                    OF A CARPET?  IT TYPICALLY GOES TO OUR LANDFILLS RATHER THAN TO A RECYCLING

                    FACILITY, AND OUR CITIZENS, OUR CONSTITUENTS, PAY FOR THE DISPOSAL OF TONS

                    AND TONS OF -- OF PLASTIC IN THE FORM OF OLD CARPETS.  WE BELIEVE THAT

                    THERE'S A BETTER WAY, AND A CRADLE TO GRAVE APPROACH FOR CARPETS IS

                    WARRANTED.  AND THIS MEASURE WOULD REQUIRE CARPET PRODUCERS, EITHER

                    INDIVIDUALLY OR COLLECTIVELY, TO SUBMIT A PLAN TO THE DEPARTMENT OF

                    ENVIRONMENTAL CONSERVATION OUTLINING A CARPET COLLECTION PROGRAM BY

                    DECEMBER 31ST OF THE YEAR 2023.  AND IT WOULD REQUIRE THAT THAT PLAN

                    PROVIDE FOR CARPETS FREE OF CHARGE TO CONSUMERS AND CARPET INSTALLERS TO

                    BE COLLECTED.  THIS WOULD ALSO ESTABLISH A 13-MEMBER STEWARDSHIP

                    ADVISORY BOARD TO MAKE RECOMMENDATIONS TO THE DEC REGARDING CARPET

                    COLLECTION PLANS SPECIFICALLY, AND IT WOULD ALSO AUTHORIZE AND PROHIBIT

                    THE USE OF PFAS ON CARPETS.  THAT'S A VERY TOXIC SUBSTANCE AND IS VERY,

                                         208



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    VERY HARMFUL, FOR EXAMPLE, TO INFANTS WHO MIGHT BE CRAWLING ON THAT

                    CARPET AND CHEWING ON IT, AND THAT WOULD NOT BE GOOD.  AND SO IT

                    WOULD PROHIBIT THE USE OF PFAS ON CARPETS AND ESTABLISHMENT ON

                    POST-CONSUMER CONTENT REQUIREMENTS FOR THE MANUFACTURER OF NEW

                    CARPETS AND ESTABLISH CIVIL PENALTIES FOR PRODUCERS WHO VIOLATE

                    PROVISIONS OF THE TITLE OR FAIL TO MEET PROGRAM OBLIGATIONS.  AND SO

                    THAT'S THE CORE OF IT.  BUT WE ALSO ASK THE DEC TO SUBMIT A REPORT ON THE

                    PROGRAM TO THE EXECUTIVE AND TO THE LEGISLATURE BY APRIL 1ST OF 2025,

                    TWO YEARS, MORE OR LESS A YEAR-AND-A-HALF, AFTER ITS ENACTMENT AND

                    EVERY TWO YEARS THEREAFTER.

                                 ACTING SPEAKER AUBRY:  MR. SMULLEN.  THANK

                    YOU.

                                 MR. SMULLEN:  THANK YOU VERY MUCH, MR.

                    SPEAKER.  WOULD THE SPONSOR YIELD FOR A FEW QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. ENGLEBRIGHT?

                                 MR. ENGLEBRIGHT:  I YIELD.

                                 MR. SMULLEN:  WELL, THANK YOU, CHAIR.  YOU

                    KNOW, I KNOW WE DISCUSSED THIS IN COMMITTEE, BUT ONE OF THE THINGS

                    THAT WE DIDN'T DISCUS THERE IS, YOU KNOW, WHO THIS REALLY AFFECTS FROM A

                    MANUFACTURING STANDPOINT.  DO WE -- DO WE PRODUCE ANY OF OUR OWN

                    CARPETS IN NEW YORK ANYMORE?

                                 MR. ENGLEBRIGHT:  NOT TOO MUCH.  I'M NOT A

                    SCHOLAR ON THIS TOPIC, BUT IT'S MY UNDERSTANDING THAT NOT VERY MUCH IS

                    PRODUCED IN OUR STATE.

                                 MR. SMULLEN:  CERTAINLY, WE USED TO.

                                         209



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    AMSTERDAM, NEAR BY DISTRICT, USED TO CALLED THE "RUG CITY."  THEY HAD

                    SOME MASSIVE FACTORIES THAT PRODUCED CARPETS FOR ALL OVER AMERICA.

                    THEY MOVED, YOU KNOW, DOWN TO THE AMERICA SOUTH, MAYBE THEY

                    MOVED OVERSEAS.  SO WHAT'S THE PERCENTAGE OF CARPETS THAT WE'RE --

                    WE'RE BUYING HERE IN NEW YORK THAT ARE BOUGHT IN THE UNITED STATES

                    WHERE WE COULD ACTUALLY HAVE SOME INFLUENCE ON THE MANUFACTURERS?

                                 MR. ENGLEBRIGHT:  WE HAVE MANY

                    MANUFACTURERS FROM OUR NATION.  MOST, IN FACT, OF THE PRODUCERS ARE

                    FROM OUR COUNTRY.  THEY WOULD -- THEY WOULD BE COVERED BY THIS BILL.

                                 MR. SMULLEN:  SO CERTAINLY, YOU'RE SAYING THAT

                    MOST OF THE CARPETS SOLD IN NEW YORK ARE MADE IN THE UNITED STATES

                    WHERE WE WOULD HAVE A DIRECT INFLUENCE ON THE PRODUCER?

                                 MR. ENGLEBRIGHT:  YES.

                                 MR. SMULLEN:  AND -- AND HOW ARE -- HOW IS THIS

                    BILL GOING TO INFLUENCE THE PRODUCERS TO MAKE THE CARPETS OUT OF

                    RECYCLABLE MATERIALS?

                                 MR. ENGLEBRIGHT:  WELL, THERE'S AN UPFRONT

                    REQUIREMENT.  STANDING JUST BEHIND THE CURTAIN, SO-TO-SPEAK, IS THE

                    REALITY THAT WE ARE A GIANT MARKET, LARGE ENOUGH TO BE A NATION.  OUR

                    STATE IS A MIGHTY STATE.  THERE ARE GREAT INCENTIVES BOTH DIRECT

                    INCENTIVES AND INSTRUCTIONS IN THE LAW TO COME UP WITH

                    RECOMMENDATIONS TO THE DEC BY SUBMITTING A PLAN, AND IMPLICITLY, THE

                    INSPIRATION TO MAKE MONEY BY BEING VIABLE IN THIS MARKET.

                                 MR. SMULLEN:  WELL, YOU KNOW, CERTAINLY

                    MANUFACTURERS WOULD WANT TO SELL TO A 20 MILLION-PERSON MARKET OUT OF

                                         210



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    A TOTAL POPULATION OF 330 MILLION PEOPLE IN THE UNITED STATES AND 507

                    MILLION IN NORTH AMERICA, AND A BILLION OR SO IN NORTH AND SOUTH

                    AMERICA WHERE THE -- YOU KNOW, THE PRODUCTS ARE TYPICALLY RETAIL.  BUT

                    HOW IS THIS GOING TO ENCOURAGE PRODUCERS?  WILL IT ANY WAY -- WILL IT

                    STOP PRODUCERS FROM SELLING CARPETS THAT DO NOT MEET THE RECYCLING

                    REQUIREMENTS ON THE BACK SIDE?

                                 MR. ENGLEBRIGHT:  YES, IT WOULD PROHIBIT THE

                    SALE OF CARPETS THAT DON'T MEET THE CRITERIA OF THE PLAN.

                                 MR. SMULLEN:  SO, ARE CARPETS THAT ARE MADE OF

                    MORE RECYCLABLE MATERIALS, ARE THEY MORE OR LESS EXPENSIVE THAN OTHER

                    MATERIALS?

                                 MR. ENGLEBRIGHT:  THE -- I'M NOT SURE WHAT YOUR

                    QUESTION IS.

                                 MR. SMULLEN:  ARE CARPET PRICES GOING TO INCREASE

                    FOR NEW YORKERS BECAUSE OF THIS BILL BECAUSE THEY WILL NOT BE ALLOWED

                    TO BUY CHEAPER ALTERNATIVES THAT ARE PERHAPS NOT AS MUCH RECYCLABLE

                    MATERIALS?

                                 MR. ENGLEBRIGHT:  I DON'T ANTICIPATE THAT THAT

                    WOULD BE AN INCREASE IN COST.  THERE MAY BE A MODIFICATION IN -- IN THE

                    MANUFACTURING PROCESS TO MAKE RECYCLING MORE VIABLE BUT RIGHT NOW

                    THE MANUFACTURERS ARE NOT EVEN INSPIRED TO THINK ABOUT THAT.  THEY'RE --

                    THEY DON'T REALLY CONTEMPLATE RECYCLING THE CARPETS, THEY ANTICIPATE THAT

                    IS IT'S A ONE-WAY SALE AND THEY NEVER HAVE TO THINK ABOUT IT AGAIN.

                                 MR. SMULLEN:  WELL, ISN'T THIS SORT OF BEING DONE

                    ALREADY ON A -- ON A VOLUNTARY BASIS WITH THE CARES [SIC] PROGRAM?

                                         211



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. ENGLEBRIGHT:  WHAT IS YOUR QUESTION?  I -- I

                    -- I DIDN'T HEAR YOUR QUESTION, I'M SORRY.

                                 MR. SMULLEN:  WELL, ISN'T THIS -- ISN'T A RECYCLING

                    BEING DONE VOLUNTARILY ON -- ON THE BASIS OF THE CARES [SIC] PROGRAM?

                                 MR. ENGLEBRIGHT:  OH, THERE WAS AN

                    UNDERSTANDING WITH THE ENVIRONMENTAL PROTECTION AGENCY AT THE

                    NATIONAL LEVEL SOME YEARS AGO TO HAVE VOLUNTARY RECYCLING TAKING PLACE

                    WITH THIS INDUSTRY.  I THINK THAT'S WHAT YOU'RE REFERRING TO.  THAT HAS

                    BEEN A MASSIVE FAILURE.  THE INDUSTRY HAS RECYCLED LESS THAN 5 PERCENT

                    OF ITS PRODUCT.  IN OUR STATE IT'S LESS THAN 1 PERCENT.

                                 MR. SMULLEN:  I'M SORRY?

                                 MR. ENGLEBRIGHT:  IN NEW YORK IT'S LESS THAN

                    ONE 1 PERCENT.

                                 MR. SMULLEN:  AND THE REST GO TO LANDFILLS.

                                 MR. ENGLEBRIGHT:  THE REST GOES TO LANDFILLS AND

                    OUR CONSTITUENTS PAY FOR THAT CARPET TO BE DISPOSED OF.

                                 MR. SMULLEN:  SO -- SO SUPPOSING THAT THE CARPETS

                    GET MORE EXPENSIVE, ARE THERE OTHER CHEAPER ALTERNATIVES BESIDES

                    CARPETING TO REPLACE FLOORING WITH?

                                 MR. ENGLEBRIGHT:  YES.  IN FACT, THE AMOUNT OF

                    CARPETING -- I'M NOT SURE WHETHER THIS AFFECTED AMSTERDAM -- THE LOSS

                    OF RUG MANUFACTURING DOES CORRELATE CLOSELY, THOUGH, WITH THE RISE OF

                    THE USE OF OTHER MATERIALS, MOST PARTICULARLY, LAMINATED WOOD AND

                    WOOD AND PLASTIC PRODUCTS THAT ARE USED INSTEAD OF CARPETS ON MANY

                    SURFACES AND HOMES.

                                         212



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. SMULLEN:  AND THIS WOULDN'T INCLUDE ANY

                    WOVEN PRODUCTS THAT WOULD BE SAY, LIKE, REMOVABLE AREA RUG-TYPE

                    THINGS OR WOULD IT?

                                 MR. ENGLEBRIGHT:  AREA RUGS I AM LED TO BELIEVE

                    ARE EXCLUDED.  THIS WOULD NOT BE RUGS -- OR -- OR IT WOULD -- IT WOULD BE

                    MORE OF WHAT YOU WOULD NORMALLY ASSOCIATE WITH A WALL-TO-WALL.

                                 MR. SMULLEN:  IT WOULD OR WOULD NOT?  I'M SORRY, I

                    HAVE SOME HEARING ISSUES.

                                 MR. ENGLEBRIGHT:  IT WOULD NOT -- IT WOULD NOT

                    AFFECT RUGS.  YOU KNOW, AREA RUGS.  WALL-TO-WALL INSTALLATIONS ARE WHAT

                    THIS BASICALLY IS CONTEMPLATING.

                                 MR. SMULLEN:  AND -- AND COMMERCIAL ACTIVITIES,

                    TURF FIELDS THAT ARE BEING CHANGED OVER TO ARTIFICIAL TURF?

                                 MR. ENGLEBRIGHT:  THEY ARE INCLUDED.

                                 MR. SMULLEN:  SO FOR INSTANCE, IF A SCHOOL DISTRICT

                    HAD PUT IN AN ARTIFICIAL TURF FIELD, WOULD THEY HAVE TO REPLACE IT?

                                 MR. ENGLEBRIGHT:  THEY DON'T HAVE TO REPLACE IT.

                    IT'S PROSPECTIVE.  BUT, YOU KNOW, WHEN -- WHEN THEY PUT IN A NEW FIELD

                    AND THEN THEY DECIDE AFTER IT'S WORN OUT TO, YOU KNOW, TO CHANGE IT OVER

                    IT WOULD HAVE TO COMPLY WITH THIS -- THIS MEASURE, YES.

                                 MR. SMULLEN:  SO LET'S TALK A LITTLE BIT ABOUT THE, I

                    GUESS, SOME OF THE DETAILS OF THE PROGRAM.  HOW DO YOU ENVISION IT

                    WORKING OVER, SAY, A 10-YEAR TIME HORIZON FOR THE STANDING UP OF THESE

                    CARPET COLLECTION SITES?  HOW IS THIS GOING TO WORK?

                                 MR. ENGLEBRIGHT:  THE 13-MEMBER STEWARDSHIP

                                         213



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ADVISORY COUNCIL WOULD MAKE RECOMMENDATIONS TO THE DEC

                    REGARDING CARPET COLLECTION PLANS AND SITES.  THOSE -- THOSE WOULD BE

                    SOMETHING THAT THE MANUFACTURERS WOULD HAVE DIRECT ACCESS TO THE

                    PLANNING PROCESS.

                                 MR. SMULLEN:  SO THEN -- AND I LOOKED AND I

                    NOTICED THAT MANY OF THE CARPET STEWARDSHIP ADVISORY COUNCIL

                    MEMBERS WERE ACTUALLY NOMINEES FROM INDUSTRY.  IS THAT GOING TO WORK

                    ON A MAJORITY VOTE BASED ON THE NUMBER OF -- OF PEOPLE THAT THEY --

                    THESE WOULD BE THE RECOMMENDATIONS THAT WOULD BE MADE TO THE DEC?

                                 MR. ENGLEBRIGHT:  THEY WILL DETERMINE HOW

                    THEY WANT TO OPERATE.  WE'RE NOT GIVING THEM INSTRUCTIONS AS TO --

                                 MR. SMULLEN:  BUT THEY'RE GIVING

                    RECOMMENDATIONS TO THE COMMISSIONER, NOT GUIDELINES THAT MUST BE

                    FOLLOWED IN REGULATION?

                                 MR. ENGLEBRIGHT:  THAT'S CORRECT.

                                 MR. SMULLEN:  SO IT'S ULTIMATELY, IT'S THE DEC

                    COMMISSIONER WHO HAS THE POWER HERE TO DECIDE HOW THIS PROGRAM

                    WILL BE RUN?

                                 MR. ENGLEBRIGHT:  THAT'S -- THAT'S -- THAT'S

                    CORRECT, BUT IN CONSULTATION WITH THE MANUFACTURERS.  HE'S NOT GOING TO

                    OPERATE IN PARALLEL UNIVERSE.  HE'S GOING TO RECEIVE INPUT, AND THEN WE

                    HAVE A SINGLE POINT OF RESPONSIBILITY RATHER THAN --

                                 MR. SMULLEN:  SO THE EXECUTIVE PANEL --

                                 MR. ENGLEBRIGHT:  WE DON'T KNOW WHO IS

                    RESPONSIBLE.  NO, WE DON'T KNOW WHO'S RESPONSIBLE.  IT'S ONE PERSON,

                                         214



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    IT'S THE COMMISSIONER.  THE COMMISSIONER, IF HE'S WISE, WILL LISTEN TO

                    THE MANUFACTURERS AND LISTEN TO ALL OF THE STAKEHOLDERS THROUGHOUT OUR

                    STATE.

                                 MR. SMULLEN:  WELL, I MEAN, CERTAINLY WE KNOW

                    THE CURRENT DEC COMMISSIONER IS A GOOD ACTIVE LISTENER --

                                 MR. ENGLEBRIGHT:  HE IS.

                                 MR. SMULLEN:  BUT THE EXECUTIVE AUTHORITY RESIDES

                    WITH THE GOVERNOR THROUGH WHOM THE DEC COMMISSIONER IS

                    APPOINTED.

                                 MR. ENGLEBRIGHT:  ULTIMATELY, THAT

                    COMMISSIONER SERVES AT THE PLEASURE --

                                 MR. SMULLEN:  SO THIS IS A STATE-RUN PROGRAM--

                                 MR. ENGLEBRIGHT:  YES, THAT'S CORRECT.

                                 MR. SMULLEN:  -- AND THAT'S THE IMPORTANT THING.

                    BECAUSE, YOU KNOW, ONE OF THE THINGS ABOUT THE MECHANICS OF THIS IS

                    THAT THERE HAS TO BE A LOT OF SITES ALL OVER NEW YORK STATE.  AND THIS --

                    THIS ALSO IMPLIES THAT THEY ARE TRANSPORTATION COSTS TO GET TO THOSE SITES

                    FROM WHEREVER YOU ARE.  YOU HAVE TO GET TO THE TRANSFER STATION OR TO

                    THE LANDFILL TO BE ABLE TO PUT THEM INTO THIS RECYCLING PROGRAM BECAUSE

                    PRESUMABLY THEY'RE NOT GOING TO BE LANDFILLED, THEY'RE GOING TO BE SENT

                    SOMEWHERE ELSE TO BE PROCESSED.

                                 MR. ENGLEBRIGHT:  THERE'S NO FORMULA.  I'M

                    HOPING AND ANTICIPATING, INDEED, THAT THE ADVISORY PANEL WILL

                    RECOMMEND ENTERING INTO CONTRACTS AT THE LOCAL LEVEL WITH LOCAL

                    MUNICIPALITIES WHO HAVE COLLECTION CAPABILITY ALREADY SET UP.  BUT THE

                                         215



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DISPOSAL RIGHT NOW IS SOMETHING LIKE 17 POUNDS OF CARPET PER PERSON IN

                    OUR STATE PER YEAR.  SO WE REALLY, REALLY HAVE A SERIOUS PROBLEM.  YOU

                    KNOW, ON A NATIONAL BASIS IT'S ABOUT 5.5 BILLION TONS OF WASTE FROM

                    CARPET DISPOSAL EACH YEAR.  SO WE CAN'T AFFECT THE WHOLE NATION, BUT OUR

                    PROPORTIONAL PART OF THAT IS COSTING OUR TAXPAYERS MONEY AND IS A

                    PRODUCT THAT WITH JUST A LITTLE BIT OF -- OF THOUGHT IN PLANNING CAN BE

                    REUSED AND RECYCLED, AND THAT'S WHAT WE'RE ULTIMATELY AIMING FOR.  SO

                    THAT THEN THEY CONTINUE THE IMPOSITION OF COST UPON OUR -- OUR

                    CONSTITUENTS.

                                 MR. SMULLEN:  SO BACK -- BACK TO THE MECHANICS

                    OF THE PROGRAM.  I'M -- I APPRECIATE YOUR DIGRESSION INTO THE VALUE OF

                    THE PROGRAM.  BUT DOES EACH COLLECTION SITE THAT'S GOING TO BE SET UP BY

                    THE DEC, IS IT GOING TO HAVE TO BE PERMITTED AND INSPECTED BY DEC?

                                 MR. ENGLEBRIGHT:  THAT'S AT THE DISCRETION OF THE

                    DEC IN CONSULTATION, AGAIN, WITH LOCAL JURISDICTIONS, LOCAL

                    MUNICIPALITIES AND THE MANUFACTURING INDUSTRY.

                                 MR. SMULLEN:  VERY -- VERY GOOD.  THANK YOU

                    VERY MUCH, MR. ENGLEBRIGHT.

                                 MR. SPEAKER, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. SMULLEN:  THANK YOU.  THE -- YOU KNOW, THE

                    MECHANICS -- THE DEVIL IS ALWAYS IN THE DETAILS WHEN IT COMES TO A

                    STATE-RUN PROGRAM.  YOU KNOW, I CAN'T SAY -- I CAN'T THINK OF HARDLY ANY

                    PROGRAMS THAT MY CONSTITUENTS USE THAT ARE RUN BY THE STATE WHICH ARE

                    EXEMPLARY AND EFFICIENT.  AND I'M AFRAID THIS IS GOING TO BE ANOTHER

                                         216



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ONE THAT'S GOING TO BE RUN BY AN UNDERFUNDED, UNDERMANNED AGENCY

                    THAT'S GOING TO HAVE TO DEAL WITH IT ON A -- ON A BASE -- ON A LOCAL BASIS

                    AND THEN BASICALLY TRANSFER THE RESPONSIBILITIES AND THE TASKS OF

                    MONITORING AND MANAGING IT TO THE MUNICIPALITIES WHICH ARE BEING

                    ENLISTED UNWILLINGLY IN THIS PROCESS, WHICH -- THAT SOUNDS TO ME LIKE AN

                    UNFUNDED MANDATE ON TOWNS AND COUNTIES AND CITIES.  BECAUSE ONE OF

                    THE THINGS THAT I NOTICED THAT WAS VERY DISTURBING IN THIS BILL IS THAT THE

                    DEC MAY ESTABLISH AN ALTERNATIVE CONVENIENCE STANDARD FOR NEW YORK

                    CITY AFTER CONSULTATION WITH THE NEW YORK CITY DEPARTMENT OF

                    SANITATION.  SO THIS IS OR ISN'T GOING TO APPLY TO NEW YORK CITY?  IT

                    MAY OR MAY NOT APPLY TO LARGE COUNTIES, BUT IT'S CERTAINLY GOING TO

                    PINCH ALL OF THE COUNTIES IN UPSTATE NEW YORK THAT HAVE TO TAKE

                    VARIOUS GOODS GREAT DISTANCES TO DISPOSE OF THEM.  SO WHERE IS ALL THIS

                    STUFF GOING TO GO?  AND AGAIN, I THINK THIS IS A VERY WELL-MEANING

                    PROGRAM, BUT IT LOOKS TO ME LIKE ANOTHER UNFUNDED MANDATE WHICH IS

                    GOING TO FALL DISPROPORTIONATELY ON THE UPSTATE COUNTIES.

                                 FOR THAT REASON I'M -- I'M VERY HESITANT TO SUPPORT IT

                    EVEN THOUGH I UNDERSTAND THE GOAL OF RECYCLING AND I UNDERSTAND THE

                    GOAL OF TAKING THIS OUT OF THE WASTE STREAM.  IN MANY WAYS I THINK WE'RE

                    BACK TO THE -- THE ARGUMENTS THAT I'VE TALKED ABOUT, AND WHAT I BELIEVE

                    IS THAT WE NEED TO GET REALLY SERIOUS ABOUT THE WASTE THAT GOES INTO THE

                    GREAT URBAN AREAS, INTO THE METRO AREAS OF NEW YORK CITY, AND PLAN FOR

                    IT ON THE -- ON THE -- ON THE OTHER SIDE.  BUT WITHOUT ALSO AFFECTING

                    DETRIMENTALLY UPSTATE NEW YORK WITH ONE-SIZE-FITS-ALL LEGISLATION

                    WHICH DOES NO FAVORS TO THOSE SMALL COUNTIES.

                                         217



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 THANK YOU VERY MUCH, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.  MR.

                    SMULLEN.

                                 MR. DURSO.

                                 MR. DURSO:  THANK YOU, MR. SPEAKER.  WOULD THE

                    SPONSOR YIELD FOR A COUPLE OF QUICK QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. ENGLEBRIGHT?

                                 MR. ENGLEBRIGHT:  YES, I AM PLEASED TO YIELD.

                                 MR. DURSO:  THANK YOU, CHAIRMAN ENGLEBRIGHT.  I

                    JUST HAVE A COUPLE OF QUESTIONS ABOUT THIS BILL.  OBVIOUSLY WE SPOKE

                    ABOUT IT IN COMMITTEE.  I'M IN AGREEMENT WITH THE BILL, I MEAN, WE MAY

                    NOT AGREE WITH EVERY SINGLE THING THAT COMES UP WITH IT, BUT THE INTENT

                    OF IT.  BUT A COUPLE OF QUESTIONS.  WHERE IT SAYS IT REQUIRES CARPET

                    PRODUCERS TO SUBMIT A PLAN, WHAT EXACTLY ARE THEY SUBMITTING THE PLAN

                    FOR?  IS IT ON HOW TO RECYCLE IT?  IS IT WHAT'S GETTING RECYCLED OR WHERE IT

                    WILL BE RECYCLED?

                                 MR. ENGLEBRIGHT:  YES, YES AND YES.

                                 MR. DURSO:  PERFECT.  OKAY.  OTHER THAN

                    ESTABLISHING AND SUBMITTING THESE -- I DON'T WANT TO SAY THE WORD

                    "REQUIREMENTS" -- BUT PLANS FOR RECYCLING IT, WHAT OTHER COSTS MAY FALL

                    ON THE PRODUCERS FOR THESE POSSIBLE CARPET RECYCLING PROGRAMS?

                                 MR. ENGLEBRIGHT:  I -- I THINK THAT THEY -- THEY

                    MAY HAVE TO MODIFY THEIR MANUFACTURING PROCESS BECAUSE WE'RE ASKING

                    THEM NOT TO PUT PFAS ONTO THE PRODUCT, FOR EXAMPLE.  THEY MAY HAVE

                    TO DO SOME THINGS THAT THEY HAVEN'T DONE BEFORE SIMPLY BECAUSE WE'RE

                                         218



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ASKING THEM TO USE RECYCLED CONTEXT WHEN THEY MAKE NEW CARPET AND

                    BRING IT TO THE MARKETPLACE.  BY THE WAY, I JUST WANT TO MENTION, THE

                    NEW YORK STATE ASSOCIATION OF COUNTIES HAS ISSUED A MEMORANDUM OF

                    SUPPORT.  AND IF YOU LOOK AT THAT YOU'LL SEE THAT ONE OF THE REASONS FOR

                    THAT IS BECAUSE OF THE NEED TO RELIEVE FINANCIAL BURDEN ON LOCAL

                    GOVERNMENTS.  THIS IS NOT AN UNFUNDED MANDATE.  IT IS, IN FACT, A RELIEF

                    TO OUR LOCAL GOVERNMENTS, AND I THINK IT'S IMPORTANT TO NOTE THAT THE

                    ASSOCIATION OF COUNTIES IS STRONGLY SUPPORTING IT.

                                 MR. DURSO:  UNDERSTOOD, SIR.  I THANK YOU FOR THAT.

                    AND -- AND AS -- AS SOMEONE THAT WORKED IN LOCAL GOVERNMENT FOR 15

                    YEARS AND WAS A SANITATION WORKER AND HAS PHYSICALLY PICKED UP CARPET

                    (INAUDIBLE) TRANSFER STATION WORKS AND THE AMOUNT OF WEIGHT THAT GOES

                    INTO IT, SO THAT'S ONE OF THE QUESTIONS I HAD FOR YOU.  OR -- OR AND I'M

                    SURE YOU KNOW ABOUT IT.  SO WHEN CARPET GETS THROWN OUT, WHETHER IT

                    GETS WET, WHETHER IT'S, YOU KNOW, FULL OF DIRT IT OBVIOUSLY WEIGHS MORE.

                    WHICH THEN THAT COST FALLS UPON THE MUNICIPALITY TO PAY THAT AMOUNT

                    THAT'S GOING OUT, RIGHT, BECAUSE WE PAY BY THE POUND OR THE TON

                    TECHNICALLY WITH IT.  SO, WILL THIS SAVE MONEY FOR THE LOCAL

                    MUNICIPALITIES?

                                 MR. ENGLEBRIGHT:  IT WILL.  THE ANSWER TO YOUR

                    QUESTION IS YES, IT WILL SAVE MONEY BECAUSE THOSE COSTS WILL NOT FALL

                    UPON THOSE MUNICIPAL JURISDICTIONS.  AND YOU'RE QUITE RIGHT TO POINT OUT

                    THE VARIABILITY OF OUR WEATHER.  I REMEMBER GOING TO SOME INCINERATORS

                    IN THE PAST AND WATCHING THE WATER POUR OUT OF THE -- THE WASTE TRUCKS

                    BECAUSE IT RAINED HEAVILY LAST NIGHT AND EVERYBODY HAD THEIR GARBAGE

                                         219



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    OUT AND IT ABSORBED ALL THE RAIN WATER.  SO THERE ARE SOME VARIABLES

                    HERE THAT WE'RE GOING TO ASK THE COMMISSIONER AND THE COMPANIES AND

                    -- AND THE COUNTIES TO -- TO CONSIDER.  ONE OF THEM, AS YOU QUITE WISELY

                    POINT OUT, IS THE WEATHER ITSELF.  AND SO THE COLLECTION METHODOLOGY

                    IDEALLY SHOULD BE SUCH THAT YOU TRY TO HAVE IT COLLECTED VERY QUICKLY

                    BEFORE IT BECOMES SATURATED AND VERY, VERY HEAVY AND TOUGH TO DEAL

                    WITH.

                                 MR. DURSO:  BUT EVEN WITH THAT -- AND THAT WAS PART

                    OF MY QUESTION.  SO EVEN WITH THAT, WITH EXTRA ADDED WEIGHT DUE TO

                    WEATHER, SAY FOR INSTANCE IF A SANITATION CREW OR RECYCLING CREW WENT

                    OUT, PICKED UP MSW, YOU KNOW, THE MUNICIPAL SOLID WASTE, PUT THAT IN

                    THE TRUCK AND THEN WENT BACK OUT FOR A SECOND RUN LIKE WE DO WITH

                    SOME RECYCLING PRODUCTS, KEPT CARPET SEPARATE AND THOSE PROGRAMS

                    WERE TAKING PLACE ON THE TRANSFER STATION PROPERTY WHICH WE'RE ALREADY

                    CURRENTLY DROPPING OFF GARBAGE, SEPARATING RECYCLABLES, WOULD THAT BE

                    AN ADDED COST IN ANY WAY TO THOSE MUNICIPALITIES OR WOULD IT ACTUALLY

                    SAVE MONEY IN THE FUTURE?  ALSO BY KEEPING IT OUT OF THE WASTE STREAM

                    AND KEEPING IT OUT OF THE LANDFILLS LIKE BROOKHAVEN THAT IS NOW ALMOST

                    FULL.

                                 MR. ENGLEBRIGHT:  SO, WE ANTICIPATE THAT A LOT OF

                    THE PROCESS -- AGAIN, WE'RE ADDING A NEW COMPONENT TO THE USE OF

                    CARPETS WHICH IS END-OF-LIFE OF -- OF THE CARPET BEING RETURNED TO THE

                    MANUFACTURER.  AND IN BETWEEN THERE ARE THE CARPET INSTALLERS.  AND THE

                    CARPET INSTALLERS ARE AN IMPORTANT PART OF THIS -- OF THIS MECHANISM OF --

                    OF RETURNING IT, AND WE NEED TO ENCOURAGE THE MANUFACTURERS AND THE

                                         220



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DEC AND THE MUNICIPAL JURISDICTIONS TO FIND A WAY TO MAKE IT SO THAT

                    THOSE CARPET INSTALLERS, AS THEY TEAR UP THE OLD CARPET, ARE INSPIRED TO

                    ALERT THE MUNICIPALITY, GIVE THE MUNICIPALITY TIME TO GET THERE BEFORE

                    THERE ARE SOME RAIN EVENTS OR FIND OTHER WAYS TO INCENTIVIZE THE RETURN

                    TO THE -- TO THE MANUFACTURER OF THE CARPET IN AS PRISTINE A CONDITION AS

                    POSSIBLE.

                                 MR. DURSO:  SO THERE IS A WAY TO POSSIBLY

                    INCENTIVIZE IT SO THAT NOT THE BURDEN FALLS ON THE MUNICIPALITIES AND THE

                    LOCAL COUNTIES, BUT THAT THE INSTALLER AND/OR COMPANY COULD THEN BRING

                    THAT BACK AND POSSIBLY HAVE A MONETARY VALUE WITHIN THAT RETURNED

                    CARPET THAT'S NOW BEING RECYCLED?

                                 MR. ENGLEBRIGHT:  YES.

                                 MR. DURSO:  OKAY.  SO MY LAST QUESTION FOR YOU,

                    MR. ENGLEBRIGHT, IS THE 13-PERSON PANEL, WHO PICKED THIS ADVISORY

                    BOARD?  WHERE WOULD THIS COME FROM?

                                 MR. ENGLEBRIGHT:  SEVEN --

                                 MR. DURSO:  I KNOW IT'S MADE UP OF -- I'M JUST

                    WONDERING WHO ACTUALLY PICKS --

                                 MR. ENGLEBRIGHT:  SEVEN PICKS FROM THE

                    GOVERNOR AND SIX FROM EACH LEGISLATIVE CHAMBER.

                                 MR. DURSO:  FROM EACH LEGISLATIVE CHAMBER.

                                 MR. ENGLEBRIGHT:  I'M SORRY, THREE FROM EACH

                    CHAMBER, SIX TOTAL.  THREE FROM THE SENATE, THREE FROM THE ASSEMBLY.

                                 MR. DURSO:  AND ALL WOULD BE PICKED BY THE

                    MAJORITY, THOUGH, CORRECT?

                                         221



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. ENGLEBRIGHT:  NO, I THINK -- WE -- WE HAVE

                    A ROLE FOR THE MINORITY TO PLAY AS WELL.

                                 MR. DURSO:  PERFECT.  THANK YOU, CHAIRMAN

                    ENGLEBRIGHT.

                                 MR. ENGLEBRIGHT:  YOU'RE WELCOME.

                                 MR. DURSO:  I APPRECIATE YOUR COMMENTS.

                                 ON THE BILL, SIR.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. DURSO:  SO JUST, MR. SPEAKER, AGAIN, AS

                    SOMEONE WHO WORKED IN THE MUNICIPALITY UNDERSTANDS THAT THE AMOUNT

                    OF CARPET THAT GOES INTO THE WASTE STREAM, THE WEIGHT THAT'S -- THAT

                    COMES WITH IT AND THE POSSIBILITY THAT IT WILL BE SITTING THERE FOR YEARS,

                    WHETHER IT'S IN A TRANSFER STATION, WHETHER IT'S IN A LANDFILL OR WE'RE NOW

                    TRUCKING OR TRAINING IT OUT OF CERTAIN AREAS, IT DOES ADD WEIGHT TO THE

                    GARBAGE, WHICH IN TURN, ADDS A COST TO THE MUNICIPALITY WHICH GETS

                    PUSHED UPON THE RESIDENTS.  I UNDERSTAND THAT THIS AT SOME POINT MAY

                    INCUR A LITTLE BIT MORE COST TO THE MANUFACTURERS BECAUSE OF THE

                    RECYCLABLE CARPETS, OR EVEN COMING UP WITH A PLAN, AND I UNDERSTAND

                    THAT.  BUT THAT'S NOT GUARANTEED IN THIS.  WE ARE STILL WORKING THROUGH A

                    PLAN, WHICH IS MY UNDERSTANDING.  BUT AS OF RIGHT NOW ANY PLAN THAT

                    WILL BE ABLE TO SAVE THE TAXPAYERS MONEY, SAVE THE MUNICIPALITIES

                    MONEY AND KEEP THESE OUT OF THE WASTE STREAM I THINK IS A GOOD IDEA.

                                 SO THAT'S WHY I WILL BE SUPPORTING THIS BILL AND I

                    ENCOURAGE MY COLLEAGUES TO DO THE SAME.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                         222



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. GOODELL.

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

                    YIELD FOR SOME QUESTIONS?

                                 ACTING SPEAKER AUBRY:  MR. ENGLEBRIGHT?

                                 MR. ENGLEBRIGHT:  I YIELD, MR. SPEAKER.

                                 MR. GOODELL:  THANK YOU, MR. ENGLEBRIGHT.  I --

                    I'VE READ THE BILL A COUPLE TIMES AND -- AND I'M NOT ENTIRELY SURE HOW IT

                    WORKS, SO I WAS HOPING YOU COULD KIND OF FLESH IT OUT.  SO AS AN

                    EXAMPLE, LET'S SAY I HAVE A HOUSE, MY CARPET'S -- WAS A HIGH-QUALITY

                    CARPET WHEN I BOUGHT IT, MOSTLY WOOL, WALL-TO-WALL.  I'VE HAD IT FOR 20

                    OR 30 YEARS, IT'S TIME TO REPLACE IT.  WOULD I BE ABLE TO TAKE THAT CARPET

                    THAT'S 20 OR 30 YEARS OLD TO ONE OF THESE SITES?

                                 MR. ENGLEBRIGHT:  YES.

                                 MR. GOODELL:  SO --

                                 MR. ENGLEBRIGHT:  THE CARPET'S WOOL.

                                 MR. GOODELL:  SO THE CARPET I TAKE DIDN'T HAVE TO

                    COME FROM ANY OF THE PRODUCERS WHO ARE OFFERING THE SITE; IS THAT

                    CORRECT?

                                 MR. ENGLEBRIGHT:  THAT IS CORRECT, YES.

                                 MR. GOODELL:  AND THE CARPET I TAKE TO THEM, IF

                    IT'S A WOOL CARPET, MIGHT NOT BE RECYCLABLE AT ALL, CORRECT?

                                 MR. ENGLEBRIGHT:  NO, NO, NO.  WOOL IS VERY

                    RECYCLABLE, JUST INTO A DIFFERENT DIRECTION.  IT MIGHT END UP BEING PART OF

                    PAPER RECYCLING BECAUSE IT IS -- IT IS SOMETIMES AN ANIMAL OF FUR.  AND

                    THAT'S WHAT WOOL IS BASICALLY.  IT IS USEFUL FOR CERTAIN TYPES OF

                                         223



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    MANUFACTURING AND IS A STABILIZER FOR CERTAIN TYPES --

                                 MR. GOODELL:  SO WE THEN ANTICIPATE THAT

                    WHOEVER'S OFFERING THIS WOULD HAVE SOME METHOD OF SEPARATING ALL THE

                    DIFFERENT TYPES OF CARPET --

                                 MR. ENGLEBRIGHT:  OH, SURE.

                                 MR. GOODELL:  -- AND THEN HOPEFULLY RECYCLING

                    THEM ALL, CORRECT?

                                 MR. ENGLEBRIGHT:  AND HOPEFULLY GOING

                    FORWARD, THE MANUFACTURERS WILL UNDERSTAND THAT THEY HAVE A ROLE TO

                    PLAY AND THAT THEY WILL TRY TO MAKE THEIR PRODUCT MORE RECYCLABLE AND

                    THINK ABOUT THAT BEFORE THEY RELEASE IT TO THE PUBLIC.

                                 MR. GOODELL:  NOW, WHEN I GO TO REPLACE MY

                    CARPET, IF I DECIDE I JUST WANT TO GO WITH JUST BEAUTIFUL HARDWOOD, I

                    HAVE NO OBLIGATION TO BUY NEW CARPET FOR ANY OF THOSE PRODUCERS; AM I

                    CORRECT?

                                 MR. ENGLEBRIGHT:  THAT'S CORRECT.

                                 MR. GOODELL:  AND LET'S SAY I -- I BELONG TO A

                    SCHOOL BOARD AND WE THINK IT'S FINALLY TIME TO REPLACE THE ARTIFICIAL TURF.

                    AND AS YOU KNOW, THE ARTIFICIAL TURF IS TYPICALLY A LOOSE PLASTIC FILLED

                    WITH GROUND-UP TIRES OFTEN.  IS THAT RECYCLABLE?

                                 MR. ENGLEBRIGHT:  IT'S NOT FILLED UP WITH TIRES.

                    OFTEN THERE ARE -- IT'S A LAYERED EFFECT WHERE YOU'LL HAVE GROUND-UP TIRE

                    MATERIAL AS AN UNDERLAYMENT.  THAT PROBABLY WOULDN'T BE REPLACED.

                    YOU -- LOOK, I'M NOT -- I'M NOT AN INSTALLER, BUT I WOULD NOT SEE A NEED

                    -- SUBJECT TO LEARNING MORE ABOUT THIS, I DON'T SEE A NEED TO REPLACE THE

                                         224



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    UNDERLAYMENT.  WHEN YOU'RE REPLACING THE SURFACE THAT IS BEEN

                    SUBJECTED TO ALL SORTS OF ATHLETIC ACTIVITIES AND EROSION, THAT'S WHAT YOU

                    WOULD ROLL UP AND REPLACE.

                                 MR. GOODELL:  BUT TO BE CLEAR, WHEN I BRING THE

                    CARPET IN, UNLIKE WHEN YOU'RE RECYCLING PLASTIC AND YOU HAVE A

                    RECYCLING SYMBOL, THEY'RE -- AS FAR AS THE CONSUMER BRINGING IT IN OR A

                    MUNICIPALITY BRINGING IT IN OR A SCHOOL, THEY'RE NOT LIMITED TO WHAT THEY

                    CAN BRING IN, RIGHT?  ANY TYPE OF CARPET, ANY TYPE OF ARTIFICIAL TURF.

                    WHETHER OR NOT THEY BOUGHT IT FROM THAT PRODUCER OR NOT, THEY JUST

                    BRING IT IN AND DROP IT OFF, RIGHT?

                                 MR. ENGLEBRIGHT:  YES, THAT'S CORRECT.

                                 MR. GOODELL:  NOW, I SAW THAT YOU WANT TO MAKE

                    THIS AS CONVENIENT AS POSSIBLE.  SO IF I READ THIS CORRECTLY, YOU WANT AT

                    LEAST ONE RECYCLING CENTER FOR EVERY 30,000 PEOPLE AND ONE FOR EVERY

                    MUNICIPALITY THAT HAS AT LEAST 10,000 PEOPLE; IS THAT CORRECT?

                                 MR. ENGLEBRIGHT:  IT'S PART -- PART OF OUR PLAN,

                    YES.

                                 MR. GOODELL:  SO MY COUNTY, WHICH IS, BY THE

                    WAY, ABOUT THE SIZE OF AN ASSEMBLY DISTRICT SO THAT WOULD BE FOUR, AND

                    I HAVE THREE MUNICIPALITIES THAT EXCEED TEN, SO -- OR FOUR, SO THAT'S

                    ANOTHER FOUR SITES.  SO I'D HAVE EIGHT CARPET SITES IN MY COUNTY.  WOULD

                    THAT -- IS THAT WHAT YOU ENVISION?

                                 MR. ENGLEBRIGHT:  IF YOU DO THE MATH TO YOUR

                    COMPUTATION, IT DOESN'T SOUND INCORRECT.  BUT I -- I'M NOT GOING TO TRY TO

                    VERIFY IT OTHER THAN TO SAY THAT YOU LOOK LIKE YOU PROBABLY WERE A STAR

                                         225



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    IN YOUR MATH CLASS IN JUNIOR HIGH SCHOOL.

                                 MR. GOODELL:  WELL, THANKFULLY IT DID NOT EXCEED

                    THE NUMBER OF FINGERS I HAVE, SO...

                                 (LAUGHTER)

                                 NOW, IS THERE ANY -- ANY PROHIBITION FROM ANY

                    CONSUMER BUYING CARPET ON THEIR OWN OUTSIDE OF NEW YORK STATE AND

                    -- AND BRINGING IT BACK OR HAVE SOMEONE BRING IT BACK AND INSTALL IT?

                                 MR. ENGLEBRIGHT:  THERE IS NO SPECIFIC

                    PROHIBITION FOR THAT, BUT IT DOES SEEM TO ME TO NOT BE LOGICAL TO

                    ANTICIPATE THAT THIS WOULD BE A COMMON PRACTICE.

                                 MR. GOODELL:  I SEE.  UNLESS OF COURSE THE COST OF

                    THESE DISPOSAL SITES IS PASSED ON TO THE CONSUMER IN THE -- IN THE FORM

                    OF HIGHER CARPET PRICES, RIGHT?

                                 MR. ENGLEBRIGHT:  WE -- WE HAVE NOT SEEN THAT

                    ADVERSE EXPERIENCE.

                                 MR. GOODELL:  HAVE WE DONE THIS BEFORE?

                                 MR. ENGLEBRIGHT:  CALIFORNIA HAS, YES.

                                 MR. GOODELL:  BUT WE HAVEN'T.

                                 MR. ENGLEBRIGHT:  WE HAVE NOT.

                                 MR. GOODELL:  OKAY.

                                 MR. ENGLEBRIGHT:  NO, WE'RE TRYING TO ESTABLISH

                    OUR OWN PROGRAM.  IT'S SIMILAR BUT NOT THE SAME WITH CALIFORNIA, BUT WE

                    DID NOT SEE IN CALIFORNIA THAT THIS INSPIRED OUT-OF-STATE TRUCKS FULL OF

                    CARPETS RUSHING INTO CALIFORNIA.  NO, WE DIDN'T SEE THAT.

                                 MR. GOODELL:  OKAY.  AND I APOLOGIZE.  I FORGOT TO

                                         226



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ASK, BUT THIS OBLIGATION TO HAVE ALL THESE RECYCLING CENTERS, IT'S AN

                    INDIVIDUAL OBLIGATION AND RESPONSIBILITY OF EACH CARPET COMPANY THAT

                    WANTS TO SELL CARPET IN NEW YORK STATE BUT THEY CAN JOIN TOGETHER IN AN

                    ALLIANCE OR AN ASSOCIATION; IS THAT CORRECT?

                                 MR. ENGLEBRIGHT:  THAT'S CORRECT.  IT CAN BE DONE

                    EITHER INDIVIDUALLY OR THROUGH A COMMERCIAL ASSOCIATION.

                                 MR. GOODELL:  GOTCHA.  AND OF COURSE IF YOU

                    HAVE, YOU KNOW, LIKE, FOUR OR FIVE CARPET MANUFACTURERS THAT SELL A LOT

                    OF CARPET IN A PARTICULAR AREA IT WOULD MAKE A LOT OF SENSE FOR THEM TO

                    JOIN TOGETHER AND CUT THEIR COSTS.  ON THE OTHER HAND, IF YOU ONLY HAD

                    ONE OR TWO THEN YOU MIGHT HAVE A LESS LIKELY ASSOCIATION.  BUT -- BUT

                    THEY CAN IF THEY WANT.  BUT IN ANY EVENT THEY MUST HAVE AT LEAST THAT

                    NUMBER.

                                 MR. ENGLEBRIGHT:  THERE -- THERE -- WE DO NOT

                    PROSCRIBE, BUT WE ANTICIPATE THAT THERE IS A MARKET IN NEW YORK, THE

                    SALE OF CARPET, AND THAT THAT WILL CAUSE CONVERSATIONS TO OCCUR WITHIN

                    INDUSTRY LEADERS.

                                 MR. GOODELL:  NOW, MY COLLEAGUE MENTIONED THAT

                    SOMETIMES THESE RUGS COME IN AND THEY'RE KIND OF IN ROUGH SHAPE.

                    WELL-USED, ABUSED.  SOMETIMES WET, MAYBE EVEN MOLDY.  IF A CARPET

                    COMES IN AND IT'S NOT RECYCLABLE BECAUSE OF ITS CONDITION, AM I CORRECT

                    THAT THE PRODUCER WOULD BE FREE TO DISPOSE OF THAT IN ANY WAY THAT'S

                    APPROPRIATE?

                                 MR. ENGLEBRIGHT:  WE DID NOT PROVIDE FOR THE

                    BURNING OF CARPET.  I THINK THAT'S WHAT YOUR QUESTION ANTICIPATED --

                                         227



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. GOODELL:  NO, I WOULD ANTICIPATE THEY'D TAKE

                    IT TO THE LANDFILL.

                                 MR. ENGLEBRIGHT:  WE WOULD LIKE TO SEE THE

                    LANDFILLS USED FOR MUNICIPAL SOLID WASTE, NOT CARPETS.

                                 MR. GOODELL:  BUT TO BE CLEAR, THERE'S NOTHING IN

                    HERE THAT BANS THEM FROM DISPOSING --

                                 MR. ENGLEBRIGHT:  NO, THAT IS CORRECT.  WE DIDN'T

                    -- WE DIDN'T SINGLE THAT OUT.  YOU'RE CORRECT.

                                 MR. GOODELL:  SO IF THERE'S NOT A MARKET THAT

                    COVERS THE COST OF THIS AND IF THE CHEAPEST ALTERNATIVE IS A LANDFILL

                    DISPOSAL, THEN ARE WE JUST SIMPLY REQUIRING -- IF THAT SITUATION OCCURS

                    ARE WE SIMPLY REQUIRING CARPET MANUFACTURERS TO PUT IT IN IN MY COUNTY

                    EIGHT TRANSFER STATIONS TO COLLECT THAT CARPET THAT THEY DIDN'T

                    MANUFACTURE AND THAT THEY CAN'T RECYCLE AND THEN TRANSPORT IT TO THE

                    LANDFILL ANYWAY?

                                 MR. ENGLEBRIGHT:  WELL, THE PREMISE OF YOUR

                    QUESTION IS BASED ON AN EARLIER QUESTION, WHICH IS IS THERE A MARKET.

                    ACCORDING TO THE NATIONAL MANUFACTURERS AND THEIR COMMUNICATIONS TO

                    THE ENVIRONMENTAL PROTECTION AGENCY OF OUR NATIONAL GOVERNMENT,

                    THEY SAY THAT THERE IS A MARKET.  IN FACT, THEY PLAN TO DO A VOLUNTARY

                    COMPLIANCE.  OF COURSE THEY DIDN'T BECAUSE IT REALLY WASN'T AS

                    CONVENIENT TO DO THAT AS TO HAVE TO THINK AND COORDINATE AND TRY TO SAVE

                    COSTS FOR THE PEOPLE THEY WERE SELLING THE PRODUCT TO.  WE'RE ASKING

                    THEM TO DO THOSE THINGS.  BUT WE DO BELIEVE THAT THEY WERE TELLING THE

                    TRUTH WHEN THEY SAID THAT THERE IS A -- A MARKET FOR RECYCLING AND THAT

                                         228



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THEY ARE CAPABLE OF DOING IT.

                                 MR. GOODELL:  NOW, IN TERMS OF THE OBLIGATION ON

                    THE PRODUCER, THAT OBLIGATION APPLIES AS OF THE DATE OF SALE OF THE

                    CARPET?  THAT IS, AT THE TIME YOU SELL IT YOU HAVE TO BE PARTICIPATING IN

                    ONE OF THESE CENTERS?

                                 MR. ENGLEBRIGHT:  SO, THEY HAVE TO COMPLY WITH

                    A PLANNING PROCESS TO SET THIS IN MOTION, AND AFTER THAT -- THAT

                    IMPLEMENTATION DATE THEY WOULD HAVE TO COMPLY.

                                 MR. GOODELL:  BUT THEY DON'T HAVE TO PARTICIPATE IF

                    THEY'RE NOT SELLING CARPETS HERE, RIGHT?  IT'S ONLY IF THEY'RE SELLING CARPET

                    HERE IN NEW YORK STATE?

                                 MR. ENGLEBRIGHT:  THAT'S CORRECT, YES.

                                 MR. GOODELL:  YEAH.  OKAY.  THANK YOU VERY

                    MUCH FOR CLARIFYING SOME DETAILS.

                                 MR. ENGLEBRIGHT:  YOU'RE WELCOME.

                                 MR. GOODELL:  SIR, ON THE BILL.

                                 ACTING SPEAKER AUBRY:  ON THE BILL, MR.

                    GOODELL.

                                 MR. GOODELL:  I -- I ALWAYS -- I ALWAYS LOVE SEEING

                    BILLS THAT -- THAT COME BEFORE US THAT SAY THIS SHALL BE AT NO EXPENSE.

                    THIS PROGRAM SHALL BE FREE TO THE CONSUMER.  WELL, YOU KNOW THERE'S

                    NO FREE LUNCH AND THERE'S NO FREE UTILITIES AND THERE'S NO FREE STUDENT

                    LOANS AND THERE'S REALLY NO FREE CARPET COLLECTION EITHER.  AND IF THERE

                    WAS A MARKET AND THE CARPET COMPANIES COULD MAKE MONEY BY

                    RECYCLING IT, YOU KNOW WHAT?  THEY DON'T NEED US TO TELL THEM HOW TO

                                         229



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    MAKE MONEY.  THEY KNOW HOW TO DO IT.  AND WE HELPED A LITTLE BIT IN

                    THE MARKET WHEN WE PUT IN A NICKEL DEPOSIT.  REMEMBER WHEN WE DID

                    THAT?  AND WE DIDN'T HAVE TO TELL RECYCLERS THEY COULD SET UP AND COLLECT

                    A NICKEL ON ALL THESE CANS.  AND IN FACT, FROM TIME TO TIME I'LL ACTUALLY

                    SEE PEOPLE WITH A BIG BAG COLLECTING THOSE CANS JUST FOR THE NICKEL AND

                    RECYCLE THEM.  SO THE FACT THAT THE CARPET MANUFACTURERS TELL US THEY'RE

                    RECYCLABLE BUT HAVEN'T ACTUALLY SET UP ANYTHING IS A PRETTY GOOD

                    INDICATION THERE'S NO MONEY IN IT, AND FOR GOOD REASON.

                                 NOW, THIS BILL SAYS THAT IT DOESN'T MATTER IF YOU DIDN'T

                    BUY THE CARPET FROM THAT MANUFACTURER, IT DOESN'T MATTER IF THAT

                    MANUFACTURER IS NO LONGER EVEN IN BUSINESS.  YOU CAN COME IN WITH

                    THAT WORN-OUT, SOILED CARPET THAT'S BEEN SITTING IN THE BACKYARD

                    COLLECTING WATER AND MOLD FOR MONTHS AND GET A FEW OF YOUR

                    NEIGHBORHOOD KIDS BECAUSE IT WEIGHS A TON AND YOU CAN TAKE IT TO THIS

                    RECYCLING CENTER AND THE CARPET COMPANY SAYS, HEY, ARE YOU BUYING

                    CARPET FROM ME?  NOPE.  DID YOU BUY THIS CARPET FROM ME?  NOPE.  DO

                    YOU THINK I CAN RECYCLE IT?  IT'S ROTTED AND IT'S FULL OF MOLD.  NOPE.  AND

                    WE IN NEW YORK STATE THINK THIS IS FAIR TO SAY TO THE CARPET COMPANIES,

                    YOU HAVE TO SET UP ALL THESE SITES, ONE FOR EVERY 10,000 PEOPLE IN A

                    MUNICIPALITY.  ONE FOR EVERY 10,000 PEOPLE.  YOU KNOW WHAT THE SIZE

                    OF OUR DISTRICTS ARE, 130,000.  THAT'S AN AVERAGE OF 13 RECYCLING CENTERS

                    IN EVERY ONE OF OUR DISTRICTS, AND TELL THEM THEY HAVE TO COLLECT ALL OF

                    THIS CARPET FROM MANUFACTURERS WHO THEY NEVER KNEW WHO MAY NOT

                    EVEN BE IN EXISTENCE, AND THEY'VE GOT TO TAKE CARE OF IT.  AND THEN WHEN

                    -- OH, BY THE WAY, DON'T LOCATE THAT CARPET RECYCLING CENTER IN A POOR OR

                                         230



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    DISADVANTAGED NEIGHBORHOOD BECAUSE THAT WOULD BE A VIOLATION OF -- OF

                    OUR -- OF OUR EQUITY --

                                 MRS. PEOPLES- STOKES:  ENVIRONMENTAL JUSTICE.

                                 MR. GOODELL:  ENVIRONMENTAL JUSTICE.  THANK YOU,

                    MAJORITY LEADER.  AT THE END OF THE DAY I START TO LOSE THESE KEY

                    PHRASES.  BUT SO WE CAN'T LOCATE THEM WHERE THE POOR PEOPLE ARE

                    BECAUSE THAT WOULD BE A VIOLATION OF ENVIRONMENTAL JUSTICE WHEN THE

                    POOR PEOPLE HAVE TO HAUL THEIR CARPETS SOMEWHERE ELSE.  MY FRIENDS,

                    THERE IS NO FREE CARPET RECYCLING.  AND SO WHAT HAPPENS?  WHAT WILL

                    HAPPEN?  WELL, CARPET COMPANIES THAT ARE WILLING TO STAY IN BUSINESS IN

                    NEW YORK STATE, THEY'LL JACK THE PRICE UP.  THEY HAVE TO.  THEY -- THEY

                    DON'T HAVE ANY CHOICE.  THEY'RE NOT IN THE BUSINESS OF PROVIDING FREE

                    CARPET TO NEW YORKERS, AS MUCH AS THEY MIGHT LOVE US.  SO THEY HAVE

                    TO JACK UP THEIR PRICE.  THEY HAVE TO JACK UP THEIR PRICE TO COVER THE

                    DISPOSAL OF OTHER MANUFACTURERS' CARPET.  AND I'LL TELL YOU WHAT WILL

                    HAPPEN.  THEY'RE COMMERCIAL COMPANIES.  THEY'LL HIRE A CARPET

                    COMPANY FROM OUTSIDE OF NEW YORK AND THEY'LL PULL UP WITH A MOVING

                    VAN AND THEY'LL UNLOAD THE CARPET THEY BOUGHT FROM SOME NEIGHBORING

                    STATE.  AND THEY'LL PUT IT IN BECAUSE IT'S GOING TO COST THEM A WAY LOT

                    MORE MONEY TO BUY THAT CARPET FROM OUT-OF-STATE AND THEN THEY'RE

                    GOING TO TAKE THE OLD CARPET, THEY'RE GOING TO ROLL IT UP AND THEY'LL TAKE

                    IT TO THE LOCAL RECYCLING CENTER WHERE THEY CAN GET RID OF IT FOR FREE.

                    AND THAT PROCESS WILL CONTINUE UNTIL IT COSTS YOU A SMALL FORTUNE, IF YOU

                    CAN EVEN FIND IT, TO BUY A CARPET IN NEW YORK.

                                 SO LOOK, GUYS.  IF WE WANT TO ENCOURAGE RECYCLING OF

                                         231



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    CARPET, AND I THINK WE DO, LET'S FOCUS OUR EFFORTS IN DEVELOPING A MARKET

                    SO WE WOULDN'T HAVE TO FORCE PEOPLE TO TAKE IT.  BECAUSE IF WE DEVELOP

                    A PROFITABLE MARKET THEY'LL SET IT UP THEMSELVES, BECAUSE THE GREAT THING

                    ABOUT A COMPETITIVE SOCIETY, A FREE OPEN COMPETITIVE SOCIETY IS IF

                    PEOPLE CAN MAKE MONEY, THEY WILL DO IT.  AND WE DON'T HAVE TO FORCE

                    THEM.

                                 SO WHILE I SUPPORT THE OBJECTIVE OF ENCOURAGING

                    CARPET RECYCLING - I THINK IT'S A GREAT IDEA - LET'S DO IT BY MAKING IT

                    PROFITABLE FOR RECYCLERS TO LOCATE IN NEW YORK.  THIS IS NOT THE RIGHT

                    APPROACH, AND SADLY, I DON'T THINK IT WILL WORK FOR THAT REASON.  BUT I DO

                    APPRECIATE AND ENDORSE AND SUPPORT YOUR DESIRE TO INCREASE RECYCLING.

                                 THANK YOU, MR. ENGLEBRIGHT.  THANK YOU, MR.

                    SPEAKER.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MR. MANKTELOW.

                                 (LAUGHTER)

                                 ACTING SPEAKER AUBRY:  YOUR COLLEAGUE, SIR.

                                 MR. MANKTELOW:  THANK YOU, MR. SPEAKER.  JUST

                    ONE QUESTION TO THE SPONSOR OF THE BILL, PLEASE.

                                 ACTING SPEAKER AUBRY:  CERTAINLY.  MR.

                    ENGLEBRIGHT?

                                 MR. ENGLEBRIGHT:  YES, MR. SPEAKER.

                                 MR. MANKTELOW:  THANK YOU, MR. ENGLEBRIGHT.

                    WHAT ARE WE GOING TO DO TO HOLD THE MANUFACTURERS OUT OF COUNTRY

                    RESPONSIBLE?

                                         232



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MR. ENGLEBRIGHT:  ALL MANUFACTURERS FROM OUR

                    OUT OF OUR STATE, NO MATTER HOW FAR THEY MAY BE FROM OUT OF OUR STATE,

                    WOULD HAVE TO COMPLY WITH THE LAW TO SELL PRODUCT IN OUR STATE AND TO

                    HAVE ACCESS TO OUR MARKET.

                                 MR. MANKTELOW:  SO THEN WHAT -- WHAT YOU'RE

                    SAYING -- I'M SORRY.

                                 MR. ENGLEBRIGHT:  BY THE WAY, WE ALSO HAVE

                    PENALTIES BUILT INTO THE LAW FOR BAD ACTORS.

                                 MR. MANKTELOW:  SO THE PENALTIES THAT ARE BUILT

                    INTO LAW, IF THE CARPET IS COMING FROM OUT OF COUNTRY, HOW WOULD WE

                    RECOUP THOSE PENALTIES?  HOW -- HOW WOULD WE GO AFTER THOSE

                    PENALTIES?

                                 MR. ENGLEBRIGHT:  SOMEBODY IS IMPORTING THAT

                    MATERIAL INTO NEW YORK.  THAT COMPANY WOULD BE RESPONSIBLE.  THEY

                    HAVE TO BE PART OF A PLAN TO CONTINUE TO ACCESS THE MARKET IN OUR STATE.

                    AND I BELIEVE THAT THEY WOULD TRY TO AVOID THE PENALTIES AS WELL.

                                 MR. MANKTELOW:  OKAY.  THANK YOU, MR.

                    ENGLEBRIGHT.

                                 MR. ENGLEBRIGHT:  YOU'RE WELCOME.

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

                                 ACTING SPEAKER AUBRY:  ON THE BILL, SIR.

                                 MR. MANKTELOW:  IF I WAS A MANUFACTURER OR A

                    DISTRIBUTOR OF CARPET AND I'M IN NEW YORK, I'M GOING TO MOVE MY

                    BUSINESS OUT OF NEW YORK.  WHY WOULD I WANT TO STAY HERE AND BE PART

                    OF THIS WHEN I CAN GO 100 MILES DOWN THE ROAD, TEN MILES DOWN THE

                                         233



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ROAD TO THE NEXT STATE TO BE PART OF THAT MANUFACTURING CHAIN OR DOING

                    BUSINESS OUT-OF-STATE.  I AGREE WITH SOME OF THE -- THE PREVIOUS

                    QUESTIONS THAT WERE ASKED HERE THAT I APPLAUD THE IDEA OF THIS, BUT THE

                    WAY WE'RE GOING AT THIS IS JUST GOING TO EXORBITANTLY INCREASE THE COST TO

                    THE CONSUMER.  I DON'T KNOW HOW IT CAN NOT.  I DO NOT KNOW HOW ANY

                    BUSINESS CAN SUSTAIN THE EXTRA COST WITHOUT RAISING THE COST TO THE

                    CONSUMERS.  SO I JUST -- I THINK IN THE LONG RUN WE'RE GOING TO SEE MORE

                    ADVERSE EFFECTS FOR OUR PEOPLE HERE IN NEW YORK, AND I THINK WE NEED

                    TO TAKE A STEP BACK AGAIN AND RETAKE A LOOK AT WHAT WE'RE DOING HERE

                    WITH SOME BETTER IDEAS AND MORE -- MORE HARD -- HARD PLANS THAT ARE

                    ALREADY CREATED AND WE KNOW WHAT'S GOING TO HAPPEN.

                                 SO, MR. SPEAKER, THANK YOU.  I JUST WANTED TO -- MY

                    MAIN QUESTION WAS THE OUT-OF-COUNTRY MANUFACTURERS, SO THANK YOU FOR

                    ALLOWING ME TO SPEAK.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 READ THE LAST SECTION.

                                 THE CLERK:  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

                                 ACTING SPEAKER AUBRY:  THE CLERK WILL RECORD

                    THE VOTE ON ASSEMBLY PRINT 9279-A.  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. RA.

                                 MR. RA:  THANK YOU, MR. SPEAKER.  DUE TO THE

                    EXCELLENT POINTS RAISED BY MR. GOODELL, THIS IS GOING TO BE PARTY VOTE IN

                                         234



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    THE NEGATIVE.  ANY OF OUR REPUBLICAN COLLEAGUES WHO WISH TO SUPPORT

                    THE BILL CAN CONTACT THE MINORITY LEADER'S OFFICE.

                                 THANK YOU.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  THE MAJORITY CONFERENCE IS GOING TO GENERALLY BE IN FAVOR OF

                    THIS ENVIRONMENTAL-FRIENDLY PIECE OF LEGISLATION.  HOWEVER, THERE MAY

                    BE SOME OF OUR COLLEAGUES WHO WOULD CHOOSE TO BE AN EXCEPTION.

                    THEY SHOULD FEEL FREE TO CONTACT THE MAJORITY LEADER'S OFFICE, THEIR

                    VOTE WILL BE PROBABLY RECORDED.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MADAM.

                                 MR. BROWN TO EXPLAIN HIS VOTE.

                                 MR. ARI BROWN:  THANK YOU, MR. SPEAKER, FOR

                    ALLOWING ME TO EXPLAIN MY VOTE, AND THANK YOU, MR. ENGLEBRIGHT, FOR

                    YOUR PASSION AND CARE AND CONCERN FOR OUR ENVIRONMENT.  IT'S VERY

                    APPARENT.  HAVING BEEN IN THE CONSTRUCTION BUSINESS FOR OVER FOUR

                    DECADES, WE'VE INSTALLED A LOT OF CARPETING.  AND I WILL TELL YOU THAT --

                    THAT THE CARPET INDUSTRY HAS BEEN IN DECLINE FOR OVER TWO DECADES WITH

                    -- PRIMARILY IN RESIDENTIAL AND COMMERCIAL APPLICATIONS, YOU'LL SEE

                    HARDWOOD AND MORE OF THE VENEER AND LAMINATE AND ENGINEERED

                    FLOORING.  CARPETING IS USED IN VERY FEW APPLICATIONS.  AND MY CONCERN

                    IS THAT WE'LL CREATE ALL OF THESE RECYCLING FACILITIES WHICH WILL HAVE

                    TREMENDOUS COST AND THERE JUST ISN'T THE NEED FOR IT.  THERE MAY BE

                                         235



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    ANOTHER WAY OF RECYCLING THE MATERIAL, BUT NOT TO CREATE THESE PLANTS.

                    AND IN FACT, TO THE POINT OF WHAT ONE OF MY OTHER COLLEAGUES HAD

                    BROUGHT OUT, THIS COST WILL BE PASSED ALONG TO THE LOCAL RETAILER TO THE

                    POINT WHERE THE PEOPLE IN THE CONSTRUCTION INDUSTRY WILL GO OUTSIDE OF

                    THE STATE.  THAT DOES HAPPEN, AND IT IS A VERY STANDARD PRACTICE TO BUY

                    CONSTRUCTION MATERIAL OUTSIDE OF NEW YORK.  WHAT WE'RE DOING TODAY IS

                    ACTUALLY DRIVING BUSINESS AND INDUSTRY OUT OF NEW YORK.  I USED TO SIT

                    ON AN INDUSTRIAL DEVELOPMENT BOARD -- ASSOCIATION BOARDS.  I -- I RUN A

                    SMALL BUSINESS COMMUNITY, I HAVE A FEW HUNDRED STORES.  WE NEED TO

                    CREATE MECHANISMS TO CREATE -- TO KEEP INDUSTRY LOCAL IN NEW YORK

                    STATE AND NOT DRIVE THEM OUT.  I, MYSELF, OWNED A CABINET

                    MANUFACTURING FACILITY FOR MANY, MANY YEARS IN PERU, INDIANA, BECAUSE

                    IT JUST WASN'T FEASIBLE.  BUT I TRIED TO MANUFACTURE IN NEW YORK.  THIS

                    IS UNFORTUNATELY ONE OF THOSE MECHANISMS THAT WILL DRIVE PRICES UP IN

                    NEW YORK AND INDUSTRY OUTSIDE OF NEW YORK.  LET'S TRY TO PUT OUR

                    EFFORTS TOWARDS THAT END.  I -- I TOOK A SMALL VILLAGE THAT HAD 20 PERCENT

                    VACANCIES, AND IN A FEW YEARS' TIME I HAVE LESS THAN 2 PERCENT VACANCY,

                    DOUBLED MY 283 STORES.  YOU GET INVOLVED LOCALLY NOT IN PUTTING MORE

                    LAWS INTO PLACE, BUT WORKING TO CREATE MECHANISMS TO BRING INDUSTRY TO

                    TOWN.

                                 AND I THANK YOU FOR YOUR TIME, EVERYBODY.

                                 ACTING SPEAKER AUBRY:  MR. BROWN, YOU WILL

                    BE IN THE NEGATIVE I ASSUME?

                                 MR. BROWN:  I'M SORRY?

                                 ACTING SPEAKER AUBRY:  YOU WILL VOTE IN THE

                                         236



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    NEGATIVE?

                                 MR. BROWN:  I'M VOTING IN THE NEGATIVE.

                                 ACTING SPEAKER AUBRY:  EXCELLENT, SIR.

                    CONGRATULATIONS ON THAT FIRST OPPORTUNITY TO SPEAK.

                                 (APPLAUSE)

                                 MR. ENGLEBRIGHT TO EXPLAIN HIS VOTE.

                                 MR. ENGLEBRIGHT:  I WOULD JUST LIKE TO FIRST SAY

                    THANK YOU TO ALL OF MY COLLEAGUES WHO HAVE STAYED TO THE END OF OUR

                    SESSION HERE ON EARTH WEEK, AND THANKS FOR THE PARTICIPATION AND

                    SINCERITY THAT YOU ALL BRING.  THANK YOU ALL VERY MUCH FOR HELPING TO

                    ADVANCE THE ENVIRONMENT AND THE INTERESTS OF THE PEOPLE OF OUR STATE.

                                 I ALSO JUST WANT TO SAY THIS IS A MEASURE THAT DOESN'T

                    COME WITHOUT ANY COST BECAUSE THE DISPOSAL COSTS OF CARPET RIGHT NOW

                    ARE BEING BORNE BY OUR MUNICIPALITIES.  SO, YOU KNOW, WE DON'T HAVE TO

                    NECESSARILY HAVE A BRAND-NEW SQUARE CITY BLOCK DEDICATED TO CARPET IN

                    18 DIFFERENT PLACES.  THE LIKELIHOOD IS THAT IT WOULD BE AT THE POINT OF

                    SALE BEHIND THE HOME DEPOT OR BEHIND THE CARPET STORE THAT THEY WOULD

                    HAVE A PLACE WHERE THE CARPETS CAN BE STORED PRIOR TO THEM BEING

                    SHIPPED BACK TO THE MANUFACTURERS.  WE HAVE MANY PRODUCTS RIGHT NOW

                    THAT ARE RECYCLED IN THIS WAY; THERMOSTATS, FOR EXAMPLE.  ALL SORTS OF

                    ELECTRONIC DEVICES, AND JUST LAST YEAR WE PASSED A PAINT RECYCLING

                    MEASURE.  SO IT IS POSSIBLE TO DEAL WITH SOME OF THESE ATTRACTABLE

                    PROBLEMS THAT ARE -- THAT ARE VERY, VERY COSTLY TO OUR MUNICIPAL

                    JURISDICTIONS.  THIS IS AN EFFORT TO GO IN THAT DIRECTION AND TO SAVE OUR

                    CONSTITUENTS AS THEY PAY THOSE LOCAL TAXES, TO SAVE THOSE DOLLARS FOR OUR

                                         237



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    CONSTITUENTS.

                                 I URGE A YES VOTE ON EARTH DAY AND ON EARTH WEEK

                    AND AGAIN, THANK ALL OF MY COLLEAGUES.  THANK YOU, MR. SPEAKER.

                                 ACTING SPEAKER AUBRY:  MR. ENGLEBRIGHT IN

                    THE AFFIRMATIVE.

                                 MRS. PEOPLES-STOKES TO EXPLAIN HER VOTE.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  I RISE TO APPLAUD THE SPONSOR OF THIS LEGISLATION.  I THINK HE

                    HAS A CLEAR VISION ON WHERE WE NEED TO BE GOING AS A SOCIETY AND HOW

                    WE DEAL WITH NOT JUST CARPET BUT ANY OTHER PRODUCT THAT COMES THROUGH

                    OUR STREAM THAT NEEDS TO BE EITHER RECYCLED AND/OR INTO A LANDFILL.  AND

                    I REALLY DO SEE IT AS AN OPPORTUNITY TO EXPRESS CONSERVATISM.  ONE,

                    BECAUSE YOU'RE GOING TO TRY TO REUSE A PRODUCT, AND TWO, BECAUSE YOU'RE

                    NOT GOING TO CHARGE A MUNICIPAL GOVERNMENT TO PUT IT IN THE LANDFILL.

                    AND I SEE THAT AS AN OPPORTUNITY TO REDUCE THE COSTS OF TAXPAYERS.  AND

                    I KNOW THAT, YOU KNOW, THERE ARE SOME WHO SEE THIS AS A -- A BURDEN ON

                    BUSINESS.  BUT BUSINESS SHOULD UNDERSTAND THAT IF YOU SELL A PRODUCT IT

                    HAS TO END UP SOMEWHERE AT SOME POINT.  YOU SHOULD BE A PART OF

                    MAKING THAT DECISION WHERE IT GOES.  AND IF IT COSTS YOU MORE MONEY,

                    AS WAS SAID EARLIER, YOU MIGHT ADD THAT TO THE PRICE OF YOUR PRODUCT, BUT

                    AT THE END OF THE DAY IT'S NOT GOING TO COST THE TAXPAYERS MORE MONEY TO

                    PUT IT INTO A LANDFILL AND MAINTAIN IT.

                                 SO I AGAIN WANT TO COMMEND THE SPONSOR OF THIS

                    LEGISLATION.  I AM PLEASED TO VOTE IN FAVOR OF IT.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  MRS. PEOPLES-STOKES

                                         238



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    IN THE AFFIRMATIVE.

                                 MR. GOODELL.

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

                    COLLEAGUES MR. KEITH BROWN, MR. JOSEPH DESTEFANO, MS. GIGLIO AND

                    MS. WALSH IN THE AFFIRMATIVE.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  SO NOTED.  THANK

                    YOU.

                                 MRS. PEOPLES-STOKES.

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

                    COULD PLEASE RECORD OUR COLLEAGUE MR. BRONSON IN THE NEGATIVE ON THIS

                    ONE.

                                 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:  THANK YOU, MR.

                    SPEAKER.  I'LL WILL JUST THROW THIS IN, HAPPY EARTH DAY.  WE TOOK ALL

                    DAY TO HONOR NEW YORK WITH THE LEGISLATION THAT WE PASSED HERE TODAY.

                    I WANT TO THANK COLLEAGUES WHO BOTH PARTICIPATED AND ALSO HUNG AROUND

                    TO HEAR THE DEBATES.

                                 NOW, MR. SPEAKER, WOULD YOU PLEASE RECOGNIZE MR.

                    NORRIS FOR THE PURPOSES OF A DISCHARGE, MOTION TO DISCHARGE?

                                         239



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 ACTING SPEAKER AUBRY:  MR. NORRIS FOR THE

                    PURPOSES OF AN -- MOTION.

                                 MR. NORRIS:  THANK YOU, MR. SPEAKER.  I MOVE TO

                    DISCHARGE THE COMMITTEE ON HIGHER EDUCATION FROM FURTHER

                    CONSIDERATION OF ASSEMBLY BILL NO. A.4272 TO DISCHARGE THE BILL

                    SPONSORED BY MYSELF FOR THE PURPOSE OF BRINGING THE SAME BEFORE THE

                    HOUSE FOR ITS IMMEDIATE CONSIDERATION AND REQUEST PERMISSION TO

                    EXPLAIN IT.

                                 ACTING SPEAKER AUBRY:  THE MOTION IS IN

                    ORDER, SIR.

                                 ON THE MOTION, MR. NORRIS.

                                 MR. NORRIS:  THANK YOU, MR. SPEAKER.  I KNOW IT'S

                    BEEN A VERY LONG DAY, AND I APPRECIATE THE OPPORTUNITY TODAY TO DISCUSS

                    THIS IMPORTANT BILL THAT I BROUGHT FORWARD BEFORE THE HOUSE FOR

                    CONSIDERATION.  ALL OF US, YOU KNOW, HAVE RAN FOR OFFICE, CAME TO THIS

                    ASSEMBLY TO TRY TO DO GOOD FOR OUR DISTRICT AND ALSO FOR THE ENTIRE

                    STATE.  WE MAY DISAGREE ON ITEMS FROM TIME TO TIME, BUT I THINK OUR

                    COMMON PURPOSE IS THAT.  I ALSO BELIEVE THAT PUBLIC SAFETY IS PARAMOUNT

                    TO OUR STATE.  WE'VE TALKED ABOUT A LOT OF THINGS TODAY, INTERNATIONALLY

                    AND NATIONALLY.  BUT WHEN WE COME ALSO TO OUR STATE, PUBLIC SAFETY IS

                    IMPORTANT.  WHEN YOU CALL 911 YOU REALLY WANT TO MAKE SURE SOMEONE

                    RESPONDS TO YOU WHEN YOU HAVE AN EMERGENCY.  WHETHER IT BE HAVING A

                    HEART ATTACK, A CRISIS.  YOU KNOW, AN ACCIDENT, A FIRE.  AND I CAN TELL

                    YOU, WHEN I WAS FIRST ELECTED, AS MANY OF YOU PROBABLY HAVE DONE THIS,

                    PARTICULARLY IN RURAL AND SUBURBAN PARTS OF THE STATE, IS MET WITH OUR

                                         240



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    VOLUNTEER FIRE SERVICE.  AND I WENT TO A COMPANY, EAST SHELBY FIRE

                    COMPANY, AND ALSO THE SHELBY FIRE COMPANY JOINED US THAT DAY, AND I

                    ASKED THEM, WHAT ARE YOUR NEEDS?  AND REALLY, THE NUMBER ONE THING

                    THEY TOLD US -- OTHER THAN FUNDING, OF COURSE, EVERYONE TALKS ABOUT

                    FUNDING -- IS RECRUITMENT AND RETENTION FOR THE FUTURE.  SO WHAT I

                    THOUGHT ABOUT, AND WE HAVE DONE THIS FOR OTHER TYPES OF SITUATIONS SUCH

                    AS OUR NURSING PROGRAMS, THE SENATOR PATRICIA MAGEE PROGRAM FOR OUR

                    NURSES, ALSO FOR OUR GOLD STAR FAMILIES, WE CREATE SCHOLARSHIP FUNDS TO

                    HELP THOSE INDIVIDUALS.  AND TODAY I WOULD LIKE TO JUST TALK ABOUT

                    BRIEFLY THE VOLUNTEER FIREFIGHTER SCHOLARSHIP PROGRAM TO HELP WITH

                    RECRUITMENT AND RETENTION, WHICH IS BASICALLY MAKING SURE THAT WE

                    INCENTIVIZE OUR YOUNG PEOPLE TO COME OUT TO JOIN THE RANKS OF THE

                    VOLUNTEER FIRE SERVICE AND PROVIDE THEM INCENTIVE TO DO SO.  AND OVER

                    THE PAST TWO YEARS IT'S BEEN CHALLENGING FOR ALL NEW YORKERS,

                    PARTICULARLY THROUGH ALL OF THE UNCERTAINTY OF COVID.  BUT OUR STATE

                    FIRE RESPONDERS AND OUR FIRST RESPONDERS, INCLUDING OUR VOLUNTEERS,

                    SHOWED UP EVERY DAY TO SERVE THEIR COMMUNITIES.  WITH 90.2 PERCENT

                    OF REGISTERED FIRE DEPARTMENTS IN NEW YORK STATE BEING FULLY

                    VOLUNTEER, AN ADDITIONAL 4 PERCENT BEING MOSTLY VOLUNTEER, IT IS

                    ABSOLUTELY CRITICAL FOR US TO THINK OF NEW AND INNOVATIVE WAYS TO

                    RECRUIT AND RETAIN MORE VOLUNTEER FIREFIGHTERS.  UNFORTUNATELY, AS I

                    STATED BEFORE, THERE HAS BEEN A DRASTIC DECLINE IN THE NUMBER OF

                    VOLUNTEER FIREFIGHTERS PROVIDING THESE VITAL SERVICES TO NEW YORKERS IN

                    RECENT YEARS.  A 2020 REPORT BY THE NATIONAL VOLUNTEER FIRE COUNCIL

                    STATED THAT TWO-THIRDS OF FIRE DEPARTMENTS HAVE TROUBLE WITH VOLUNTEER

                                         241



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    FIREFIGHTER RETENTION.  ONE OF THE REASONS CITED FOR THIS HIGH RATE OF

                    DECLINE WAS THE LACK OF SUPPORT AND FLEXIBILITY IN JUGGLING THE

                    RESPONSIBILITIES OF VOLUNTEERING WITH OTHER LIFE COMMITMENTS, INCLUDING

                    FINANCIAL CONSTRAINTS.  IN NEW YORK STATE THE PROBLEM OF RETAINING

                    VOLUNTEER FIREFIGHTERS HAS BECOME AN ISSUE WE CAN NO LONGER IGNORE.

                    ONE RECENT NEWS ARTICLE STATED IT IS ESTIMATED OVER THE LAST TWO DECADES

                    NEW YORK STATE HAS GONE FROM HAVING 120 -- 120,000 VOLUNTEER

                    FIREFIGHTERS DOWN TO 80,000, A REDUCTION OF 40,000.  IF WE ARE TO BEGIN

                    REVERSING THIS TREND, IT IS MY BELIEF AND THE BELIEF OF THE MINORITY

                    COLLEAGUES THAT THIS BILL WILL BE A CRITICAL TURNING POINT IN OUR STATE'S

                    EFFORTS TO RETAIN VOLUNTEER FIREFIGHTERS.  THIS BILL CREATES A SCHOLARSHIP

                    FOR THOSE WHO BECOME VOLUNTEER FIREFIGHTERS IN AN AMOUNT OF UP TO FOUR

                    TIMES THE CURRENT TUITION RATE AT A STATE UNIVERSITY OF NEW YORK

                    COLLEGE RATE.  THE CURRENT TUITION RATE IS $7,070 PER YEAR.  THE

                    MAXIMUM SCHOLARSHIP -- SCHOLARSHIP AMOUNT WOULD BE $28,280.  AND

                    TO BE ELIGIBLE, I THOUGHT IT WAS IMPORTANT TO MAKE SURE THAT INDIVIDUALS

                    HAVE SKIN IN THE GAME SO THEY SERVE AS AN ACTIVE VOLUNTEER FIREFIGHTER

                    AND ATTEND OVER 25 PERCENT OF EMERGENCY CALLS EACH YEAR.  THEY AGREE

                    TO RESIDE EXCLUSIVELY IN NEW YORK STATE AND SHALL NOT BE EMPLOYED IN

                    ANY OTHER STATE FOR EIGHT YEARS AND ANNUALLY SUBMIT AN AFFIDAVIT

                    VERIFYING PARTICIPATION OF AT LEAST 25 PERCENT OF EMERGENCY CALLS.  THIS

                    BILL IS ESTIMATED TO COST $1 MILLION IN APPROPRIATION PER YEAR.  WE DON'T

                    ANTICIPATE THIS TO TAKE EFFECT UNTIL THE NEXT BUDGET, BECAUSE I'M SURE

                    THAT WOULD BE ONE OF THE QUESTIONS IF THERE'S ONE RAISED.  THIS

                    LEGISLATION IS NECESSARY TO HELP END THE TREND OF NEW YORK LOSING VITAL

                                         242



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    VOLUNTEERS WHO MAKE UP THE VAST MAJORITY OF OUR DEPARTMENTS.  THE

                    TIME IS NOW TO PASS THIS LEGISLATION, AS WE NEED TO ACT SWIFTLY IN ORDER

                    TO REWARD THOSE WHO SERVE US THROUGHOUT OUR COMMUNITIES.  AND I

                    WOULD JUST LIKE TO SAY, AS I KNOW MY TIME IS RUNNING OUT AND I ALSO

                    KNOW IT'S BEEN A VERY LONG DAY.  I KNOW WHAT'S LIKELY GOING TO HAPPEN.

                    THE MOTION WILL LIKELY BE DEFEATED TODAY ON PROCEDURAL GROUNDS.  BUT I

                    ALSO KNOW THAT I HAVE SPONSORED OTHER LEGISLATION IN THIS HOUSE AS WELL

                    AS COLLEAGUES ON THIS SIDE OF THE AISLE, AND MAJORITY MEMBERS HAVE

                    PICKED UP THAT LEGISLATION AND THEY'VE RAN WITH IT.  AND I SEE ONE OF MY

                    COLLEAGUES OVER THERE.  I APPRECIATE THAT.  AND I WOULD ASK ALL OF YOU TO

                    THINK ABOUT THIS BECAUSE THIS IS A SERIOUS PROBLEM THAT'S FACING OUR

                    RURAL COMMUNITIES, IT'S FACING OUR SUBURBAN COMMUNITIES, AND THIS WILL

                    HELP OUR YOUNG PEOPLE.  AND THIS WILL ALSO HELP THEM GET INVOLVED WITH

                    THE VOLUNTEER FIRE SERVICE AND THEY WILL ALSO THEN BE INVOLVED FOR

                    GENERATIONS TO COME.  AND I JUST THINK THIS IS A GOOD IDEA -- OF COURSE

                    IT'S ONE I PUT FORTH -- BUT REALLY FOR THE PEOPLE OF THE STATE OF NEW

                    YORK, AND I WOULD JUST ASK ALL OF MY COLLEAGUES TO PLEASE VOTE YES ON

                    THIS LEGISLATION AND THAT IN THE EVENT THAT THE MOTION TO DISCHARGE IS

                    DEFEATED TODAY THAT ONE OF MY COLLEAGUES FROM THE OTHER SIDE OF THE

                    AISLE HOPEFULLY PICK IT UP AND LET'S GET THIS THING DONE AS WE NEAR THE

                    END OF SESSION.

                                 THANK YOU, MR. SPEAKER.  I APPRECIATE THE OPPORTUNITY

                    TO BE HEARD TODAY, PARTICULARLY AFTER A LONG DAY.

                                 ACTING SPEAKER AUBRY:  THANK YOU, MR.

                    NORRIS.

                                         243



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  THANK YOU, MR.

                    SPEAKER.  AND I CERTAINLY WANT TO THANK OUR COLLEAGUE FOR HIS

                    COMMENTS REGARDING THIS PIECE OF LEGISLATION.  HOWEVER, I NEED TO

                    REMIND FOLKS THAT THIS IS NOT THE PROPER WAY TO DISPENSE OF A BILL.  IT IS

                    GOING THROUGH THE COMMITTEE PROCESS IS THE PROPER WAY.  THIS IS -- THIS

                    IS A GREAT IDEA AND I THINK HE'S SPOT ON WITH IT.  I'M A PERSON WHO HAS

                    THE BENEFIT OF A PROFESSIONAL FIRE DEPARTMENT, BUT I DO LIVE IN RURAL

                    COMMUNITIES WHERE FIRE DEPARTMENTS ARE VOLUNTEERS.  BUT I ALSO KNOW

                    THAT AT THIS POINT THIS IS A $1 MILLION APPROPRIATION THAT HE'S TALKING

                    ABOUT.  WE JUST WENT THROUGH A BUDGET PROCESS, WE ADDED ADDITIONAL

                    RESOURCES TO BOTH SUNY AND CUNY, AND I THINK THERE ARE

                    OPPORTUNITIES TO CREATE WHAT HE'S LOOKING FOR HERE, BUT THIS IS NOT THE

                    APPROPRIATE TIME.  I DID HEAR HIM REACHING OUT TO COLLEAGUES ACROSS THE

                    AISLE TO CONSIDER BEING SUPPORTIVE OF HIM, AND I DON'T -- I DON'T -- I

                    WOULDN'T SUGGEST THAT THEY NOT DO THAT.  BUT I WILL SUGGEST IT IS

                    INAPPROPRIATE TO DISCHARGE THIS BILL TODAY, PARTICULARLY SINCE IT HAS SUCH

                    A HUGE ANNUAL APPROPRIATION THAT WILL IMPACT OUR BUDGET.

                                 WITH THAT, MR. SPEAKER, I ASK MY COLLEAGUES TO VOTE

                    AGAINST THIS MOTION AND CONTINUE TO ENTERTAIN OUR COLLEAGUE ON THE

                    OTHER SIDE OF THE AISLE ABOUT HIS IDEAS.  THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 MEMBERS ARE REMINDED THAT THE MOTION BEFORE THE

                    HOUSE IS A PROCEDURAL QUESTION AND NOT A VOTE ON THE MERITS OF THE BILL.

                                 ON MR. NORRIS' MOTION, THE CLERK WILL RECORD THE VOTE.

                                         244



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    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, MR. SPEAKER.  THIS IS

                    ONE OF THOSE PARTY VOTES THAT WE'RE ENTHUSIASTICALLY SUPPORTING THE

                    LEGISLATION ON.  BUT IF THERE'S SOMEONE WHO DOESN'T THEY CAN, IF THEY

                    WISH, VOTE NO ON THE FLOOR OR BY CALLING THE MINORITY LEADER'S OFFICE.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THANK YOU, SIR.

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, THIS IS ONE

                    OF THOSE OPPORTUNITIES WHERE THE MAJORITY CONFERENCE IS GOING BE

                    VOTING IN THE NEGATIVE ON THIS ONE.  HOWEVER, THERE MAY BE SOME

                    COLLEAGUES WHO WANT TO BE AN EXCEPTION.  THEY SHOULD FEEL FREE TO

                    PRESS THE BUTTON ON THE FLOOR AND/OR CALL THE MAJORITY LEADER'S OFFICE

                    AND WE WILL MAKE SURE THEIR VOTE IS PROPERLY RECORDED.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  SO NOTED.  THANK

                    YOU.

                                 (THE CLERK RECORDED THE VOTE.)

                                 MRS. PEOPLES-STOKES.

                                 MRS. PEOPLES-STOKES:  MR. SPEAKER, PLEASE

                    RECORD OUR COLLEAGUES MR. SANTABARBARA, MS. WALLACE AND MRS. BARRETT

                    IN THE AFFIRMATIVE ON THIS PIECE.

                                         245



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 ACTING SPEAKER AUBRY:  SO NOTED.

                                 ARE THERE ANY OTHER VOTES?  ANNOUNCE THE RESULTS.

                                 (THE CLERK ANNOUNCED THE RESULTS.)

                                 THE MOTION IS DEFEATED.

                                 MRS. PEOPLES-STOKES.

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

                    HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?

                                 ACTING SPEAKER AUBRY:  WE DO HAVE

                    HOUSEKEEPING AND RESOLUTIONS.

                                 ON A MOTION BY MR. STECK, PAGE 9, CALENDAR NO. 17,

                    BILL NO. A.263-A, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MS. WOERNER, PAGE 25, CALENDAR NO.

                    240, BILL NO. 7356-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MS. ROSENTHAL, PAGE 27, CALENDAR

                    NO. 280, BILL NO. 7926, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 ON A MOTION BY MR. ABINANTI, PAGE 28, CALENDAR NO.

                    310, BILL 7443, AMENDMENTS ARE RECEIVED AND ADOPTED.

                                 RESOLUTION 777, THE CLERK WILL READ.


                                 THE CLERK:  ASSEMBLY RESOLUTION NO. 777, MS.

                    PHEFFER AMATO.

                                 LEGISLATIVE RESOLUTION HONORING THE LIFE AND HEROIC

                    ACTIONS OF TIMOTHY KLEIN, RENOWNED FIREFIGHTER, DISTINGUISHED CITIZEN

                    AND DEVOTED MEMBER OF HIS COMMUNITY.

                                 ACTING SPEAKER AUBRY:  MS. PHEFFER AMATO

                    ON THE RESOLUTION.

                                         246



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 MS. PHEFFER-AMATO:  THANK YOU, MR. SPEAKER,

                    FOR THE OPPORTUNITY TO SPEAK ON THIS RESOLUTION.  I SAY IT WITH A HEAVY

                    HEART TODAY.  THIS RESOLUTION RECOGNIZES THE LOSS OF A COURAGEOUS AND

                    HARD-WORKING FIREFIGHTER WHO DEDICATED HIS PURPOSEFUL LIFE AND CAREER

                    AND FAITHFUL SERVICE TO BOTH HIS FAMILY AND THE RESIDENTS OF NEW YORK

                    STATE.  IT IS WITH PROFOUND SADNESS THAT THIS LEGISLATIVE BODY RECORD THE

                    TRAGIC AND UNTIMELY PASSING OF FIREFIGHTER TIMOTHY KLEIN, WHO MADE

                    THE ULTIMATE SACRIFICE ON SUNDAY, APRIL 24TH, 2022 AT THE YOUNG AGE OF

                    31.  FIREFIGHTER TIMOTHY KLEIN, A SIX-YEAR VETERAN OF THE DEPARTMENT

                    ASSIGNED TO LADDER COMPANY 170 WERE WORKING AT ENGINE COMPANY

                    257, RESPONDED TO THE SCENE OF A FIRE IN UNDER FIVE MINUTES AS THEIR

                    FELLOW FIREFIGHTERS TOOK ON A FIRE IN BROOKLYN.  IT WAS WITHOUT

                    HESITATION OR REGARD FOR HIS OWN SAFETY, FIREFIGHTER TIMOTHY KLEIN

                    BEGAN BATTLING THE BLAZE, WHICH QUICKLY ESCALATED TO A THREE-ALARM FIRE.

                    AS CONDITIONS IN THE BUILDING RAPIDLY DETERIORATED, THE INCIDENT

                    COMMANDER ORDERED THE MEMBERS FROM THE BUILDING.  IT'S DURING THIS

                    TIME THAT FIREFIGHTER TIMOTHY KLEIN BECAME TRAPPED UNDER A CEILING

                    COLLAPSE AND CRITICALLY INJURED.  HE WAS REMOVED FROM THE BUILDING BY

                    HIS FELLOW FIREFIGHTERS, RUSHED TO BROOKVILLE -- BROOKDALE UNIVERSITY

                    HOSPITAL AND WHERE HE SUCCUMBED TO HIS INJURIES.

                                 TIMOTHY WAS A RESIDENT OF QUEENS, BELLE HARBOR, MY

                    DISTRICT.  HIS FAMILY HAD A RICH HISTORY OF SERVICE IN THE FDNY.  HIS

                    FATHER -- HE BRAVELY FOLLOWED THE FOOTSTEPS OF HIS FATHER, FELLOW

                    FIREFIGHTER -- FIREFIGHTER -- I JUST LOST MY PLACE, I APOLOGIZE --

                    FIREFIGHTER PATRICK KLEIN -- I APOLOGIZE -- HIS MOTHER -- HE'S LEFT BEHIND

                                         247



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                    HIS MOTHER, DIANE, AND THREE SISTERS; ERIN, TARA AND BRIDGET.  THROUGH

                    HIS HONORABLE LIFE, TIMOTHY KLEIN TOUCHED MANY THROUGH HIS KINDNESS

                    AND COMMITMENT TO SERVICE.  AS WE RECALL THE LOSS OF THIS GREAT MAN,

                    WE MEMORIALIZE HIS REMARKABLE LIFE AND THE ENORMOUS IMPACT HE HAD

                    ON EVERYONE WITH WHOM HE CAME IN CONTACT.

                                 AS A MEMBER OF THE ROCKAWAY BEACH COMMUNITY, AN

                    AREA THAT KNOWS SO WELL ABOUT OUR HEROES, WE SUFFERED SO MANY LOSSES

                    FROM 9/11, MY COMMUNITY ALWAYS RISES TO THIS OCCASION.  BUT AS A

                    MOTHER OF TWO, MY HEART IS HEAVY FOR HIS FAMILY AND OUR COMMUNITY,

                    HIS GIRLFRIEND.  WE'RE A TIGHT COMMUNITY, AND ALL OF NEW YORK STATE

                    HONORS AND -- AND GIVES OUR CONDOLENCES.

                                 WE MUST NOT FORGET OUR HEROES.  IF THERE ARE ANY FIRST

                    RESPONDERS, OUR FIREFIGHTERS, OUR POLICE, THEY PUT THEIR LIVES FOR US.

                    THEY GIVE SERVICE OF LIFE, BECAUSE THAT'S WHAT THEIR JOB IS.  THEN RUN TO

                    FIRE, THEY RUN TO -- AND ARE VETERANS, LET ME JUST SAY THAT.  THEY RUN TO

                    WAR.  AND WE'RE ALWAYS HAPPY TO HONOR THEM AND SUPPORT THEM.  THAT'S

                    WHAT WE DO HERE.

                                 THANK YOU, MR. SPEAKER, FOR THE OPPORTUNITY TO SPEAK

                    ON THIS RESOLUTION.

                                 ACTING SPEAKER AUBRY:  THANK YOU.

                                 ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE.

                                 WE CAN STAND IN HONOR OF THIS FALLEN FIREFIGHTER,

                    PLEASE.

                                 THE RESOLUTION IS ADOPTED.

                                         248



                    NYS ASSEMBLY                                                        APRIL 27, 2022

                                 WE HAVE NUMEROUS OTHER RESOLUTIONS.  WE WILL TAKE

                    THEM UP WITH ONE VOTE.

                                 ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

                    AYE; OPPOSED, NO.  THE RESOLUTIONS ARE ADOPTED.

                                 (WHEREUPON, ASSEMBLY RESOLUTION NOS. 778-785

                    WERE UNANIMOUSLY ADOPTED.)

                                 MRS. PEOPLES-STOKES.

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

                    MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL THURSDAY, APRIL THE

                    28TH, TOMORROW BEING A LEGISLATIVE DAY, AND THAT WE RECONVENE AT 2:00

                    P.M. ON MAY THE 2ND, MONDAY BEING A SESSION DAY.

                                 THANK YOU, SIR.

                                 ACTING SPEAKER AUBRY:  THE ASSEMBLY WILL

                    STAND ADJOURNED.

                                 (WHEREUPON, AT 6:42 P.M., THE HOUSE STOOD ADJOURNED

                    UNTIL THURSDAY, APRIL 28TH, THAT BEING A LEGISLATIVE DAY, AND TO

                    RECONVENE ON MONDAY, MAY 2ND AT 2:00 P.M., THAT BEING A SESSION

                    DAY.)















                                         249