WEDNESDAY, MAY 12, 2021 11:17 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, MAY 11TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
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NYS ASSEMBLY MAY 12, 2021
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, MAY THE
11TH AND ASK THAT THE SAME WOULD STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. FIRST I
WANT TO -- I'D LIKE TO OFFER A QUOTE TODAY. THIS ONE COMES FROM MAYA
ANGELOU. MOST FOLKS KNOW WHO SHE IS AND HOW INFAMOUS SHE WAS IN
HER ABILITY TO WRITE AND ARTICULATE. THESE WORDS TODAY, "TRY TO BE A
RAINBOW IN SOMEONE ELSE'S CLOUD. TRY TO BE A RAINBOW IN SOMEONE
ELSE'S CLOUD."
MR. SPEAKER, COLLEAGUES, WELCOME TO CHAMBERS, BOTH
THOSE WHO ARE HERE WITH US IN THE CAPITOL AND THOSE WHO ARE REMOTE. I
WANT TO REMIND FOLKS, ALTHOUGH I KNOW WE'VE BEEN KEEPING TRACK ON A
REGULAR BASIS NOW BECAUSE IT'S GETTING DOWN TO THE END, THAT THIS IS THE
THIRD SESSION DAY OF THE 19TH WEEK OF THE 244TH LEGISLATIVE SESSION.
MEMBERS HAVE ON YOUR DESK A CALENDAR, A MAIN CALENDAR, AND A
DEBATE LIST. OUR PRINCIPAL WORK FOR TODAY, MR. SPEAKER, IS GOING TO
START WITH TAKING UP RESOLUTIONS ON PAGE 3 AND THEN WE'RE GOING TO GO
IMMEDIATELY TO THAT DEBATE LIST. AND I CAN OFFER EXACTLY WHICH DEBATES
WE'RE GOING TO GO TO FIRST OFF FROM OUR LIST: WE'RE GOING TO START WITH
CALENDAR NO. 234, IT'S ON PAGE 18 OF OUR MAIN CALENDAR; THEN WE'RE
GOING TO GO TO CALENDAR NO. 261, WHICH IS ON PAGE 20; AND THEN
CALENDAR NO. 267, WHICH IS ALSO ON PAGE 20; AND THEN CALENDAR NO.
294, THAT ONE'S ON PAGE 22; AND THEN CALENDAR NO. 309, THAT ONE'S ON
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NYS ASSEMBLY MAY 12, 2021
PAGE 25.
MR. SPEAKER, THAT'S THE GENERAL OUTLINE OF WHERE WE'RE
GOING. IF THERE NEEDS TO BE ANY ADDITIONS LATER DURING THE SESSION
TODAY, WE WILL DO SO AT THE PROPER TIME. BUT IF THERE'S ANY
INTRODUCTIONS OR HOUSEKEEPING, NOW WOULD BE A GREAT TIME.
ACTING SPEAKER AUBRY: CERTAINLY. WE DO
HAVE SOME HOUSEKEEPING, MRS. PEOPLES-STOKES.
ON A MOTION BY MR. DINOWITZ, PAGE 19, CALENDAR NO.
NO. 253, BILL NO. A04186-A, THE AMENDMENTS ARE RECEIVED AND
ADOPTED.
WITHOUT A -- WITHOUT OBJECTION, ON A MOTION BY MS.
REYES TO RECONSIDER THE SUBSTITUTION OF BILL -- SENATE BILL NO. S00070
FOR ASSEMBLY BILL NO. A02230 AND SAID SENATE BILL IS RECOMMITTED TO
THE COMMITTEE ON WAYS AND MEANS AND SAID SENATE BILL IS RESTORED TO
ITS PLACE ON THE THIRD -- ON THE ORDER OF THIRD READING. ON A MOTION
BY MS. REYES, THE AMENDMENTS ARE RECEIVED AND ADOPTED.
WE WILL GO TO PAGE 3, CALENDAR -- ASSEMBLY NO. 287,
THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 287, MS.
SOLAGES.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 12, 2021, AS HAITIAN UNITY DAY
IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE OBSERVANCE OF
HAITIAN HERITAGE MONTH.
ACTING SPEAKER AUBRY: MS. SOLAGES ON THE
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NYS ASSEMBLY MAY 12, 2021
RESOLUTION.
MS. SOLAGES: THANK YOU, MR. SPEAKER. WITH THIS
RESOLUTION TODAY, MAY 12TH WE HONOR AS HAITIAN UNITY DAY IN
COLLABORATION WITH HAITIAN HERITAGE MONTH. MAY IS USUALLY FILLED WITH
ACTIVITIES SUCH AS PARADES, FLAGS, FLAG RAISINGS AND EXHIBITS. NORMALLY,
WE WOULD BE CELEBRATING IN THE CHAMBER WITH HUNDREDS OF INDIVIDUALS
THROUGHOUT THE STATE RECOGNIZING HAITIAN -- RECOGNIZING HAITI'S RICH
CULTURE AND SIGNIFICANT CONTRIBUTIONS.
AS YOU KNOW -- AS YOU MAY HAVE HEARD SO MANY
TIMES, HAITI HAS BEEN A BEACON OF FREEDOM FOR THE WORLD AND HAS
PLAYED SUCH A CENTRAL ROLE IN PROMOTING INDEPENDENCE. OUR MOTHER
COUNTRY OF HAITI IS STRUGGLING. IT HAS BEEN MORE THAT A DECADE SINCE THE
-- THE HAITIAN PEOPLE EXPERIENCED THE EARTHQUAKE. THERE IS A POLITICAL
AND ECONOMIC VACUUM THAT HAITI FACES. IT'S A VERY COMPLEX ISSUE AND
EVERY DAY IT'S BECOMING MORE CHALLENGING. AND SO TODAY, I PRAY FOR
PEACE IN HAITI. IN MY HEART, I KNOW THE SOLUTIONS WILL COME FROM AND
BE CENTERED AROUND THE HAITIAN PEOPLE. I CALL ON THIS FEDERAL
ADMINISTRATION TO COLLABORATE WITH THE HAITIAN AMERICAN DIASPORA AND
THE PEOPLE OF HAITI TOWARDS A SHARED GOAL OF PEACE AND PROSPERITY. AS
A HAITIAN AMERICAN, I OWE IT TO OUR ANCESTORS WHO HAVE FOUGHT
COURAGEOUSLY TO CONTINUE REMINDING PEOPLE OF THE PRIDE WITHIN HAITIAN
HERITAGE AND THE COUNTRY'S HISTORIC FIGHT TO FREEDOM.
SO WITH THAT, MR. SPEAKER, I SAY HAPPY HAITIAN UNITY
DAY, L' UNION FAIT LA FORC: UNITY MAKES US STRONGER. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
4
NYS ASSEMBLY MAY 12, 2021
MS. BICHOTTE HERMELYN.
MS. BICHOTTE HERMELYN: THANK YOU, MR.
SPEAKER, FOR ALLOWING ME TO AFFIRM MY SUPPORT FOR THIS RESOLUTION
WHICH PROCLAIMS MAY 12, 2021 AS HAITIAN UNITY DAY IN NEW YORK
STATE. AS WE CELEBRATE HAITIAN HERITAGE MONTH, IT IS IMPORTANT THAT WE
RECOGNIZE THE RICH HERITAGE AND CONTRIBUTION OF THE PEOPLE OF HAITI WHO
RESIDES HERE IN OUR GREAT STATE AND NATION. DURING THE HAITIAN HERITAGE
MONTH, WE CELEBRATE THE GREAT HISTORY AND CULTURAL TRADITIONS OF THE
HAITIANS IN THE UNITED STATES, TEACHING EVERYONE ABOUT THE FIRST AND
ONLY BLACK SLAVE ROLE AGAINST THE MIGHTY, POWERFUL FRENCH MILITARY
UNDER THE LEADERSHIP OF TOUSSAINT LOUVERTURE; JEAN-JACQUES
DESSALINES, WHO WAS A FORMER SLAVE; PÉTION; JAMAICAN DUTTY
BOUKMAN; GRENADIAN HENRI CHRISTOPHE AND SO MANY MORE WHO HAVE
CONTRIBUTED.
HAITIAN UNITY DAY IS ABOUT UNITY. IT'S ABOUT ALL OF US
COMING TOGETHER TO SUPPORT BEING ONE, ONE AS A NATION. AS YOU HEARD
FROM MY COLLEAGUE, HAITI IS STILL UNDERGOING SOME STRUGGLES IN THE
GOVERNMENT. THERE'S FAMINE, PEOPLE ARE STILL HOMELESS. AND WE
CONTINUE TO PRAY AS WE UNIFY ALL OF US FOR THE COUNTRY OF HAITI. WHEN
WE LOVE OURSELVES, WE CAN LOVE OTHERS JUST AS MUCH AND MORE. AND FOR
ALL THAT THE PEOPLE OF HAITI AND THE COMMUNITIES IN OUR -- IN HERE AND
ALL THE DOCTORS AND EDUCATORS AND BUSINESS OWNERS AS A RESULT OF THE
RESILIENCY AND PROUD -- AND PRIDE AND HARD WORK FROM THE PEOPLE OF
HAITI ALL HELP SHAPE LIVES HERE, RIGHT HERE. AND WE SHOULD NOT
DENOUNCE THEIR EXISTENCE AND CONTRIBUTIONS.
5
NYS ASSEMBLY MAY 12, 2021
MOST RECENTLY, A YOUNG HAITIAN AMERICAN CHILD IN MY
DISTRICT BY THE NAME OF ROMY VILSAINT DIED THIS WEEK AFTER A BULLYING
INCIDENT AT HIS PUBLIC SCHOOL. MANY -- MANY IMMIGRANT CHILDREN,
INCLUDING HAITIAN AMERICANS, ARE SUBJECT -- SUBJECTED TO ETHNIC
HARASSMENT, DISCRIMINATION, AND BULLYING. BUT TODAY, WE MUST
RECOGNIZE THAT WE CAN PREVENT TRAGIC INCIDENTS SUCH AS WHAT HAPPENED
TO THIS HAITIAN AMERICAN CHILD IN MY DISTRICT. WE ARE PROUD OF THE
STRIDES MADE IN NEW YORK CITY, SUCH AS HAITIAN STUDIES INSTITUTE AT
BROOKLYN COLLEGE, THE ESTABLISHMENT OF LITTLE HAITI, AND SOON THE
CO-NAMING OF NEWKIRK AVENUE SUBWAY STATION TO BE CALLED LITTLE
HAITI. WE IN THE ASSEMBLY ARE NOW SIX HAITIAN AMERICAN STRONG AND
TWO HAITIAN AMERICAN STRONG IN THE CITY COUNCIL.
WE ARE REALLY EXCITED OF THIS DAY BECAUSE WE WANT TO
PROMOTE AND EDUCATE EVERYONE. REMEMBER, THE HAITIAN FLAG MOTTO: L'
UNION FAIT LA FORC. THAT IS JUST A NICE WAY TO BEGIN. WITH UNITY,
THERE'S STRENGTH; UNITY, STRENGTH, AND RECLAIMING THE HAITIAN HISTORY.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 288, MR.
BYRNE.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 2021, AS WATER SAFETY
AWARENESS MONTH IN THE STATE OF NEW YORK.
6
NYS ASSEMBLY MAY 12, 2021
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NAY. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 289, MS.
GIGLIO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 12, 2021, AS SCHOOL NURSE DAY
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. 290, MR.
RAMOS.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 12, 2021, AS TAIWAN HERITAGE
DAY 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. 291, MS.
BUTTENSCHON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM OCTOBER 2021, AS DISABILITY
EMPLOYMENT AWARENESS MONTH IN THE STATE OF NEW YORK.
(PAUSE)
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NYS ASSEMBLY MAY 12, 2021
MS. BUTTENSCHON ON THE RESOLUTION.
MS. BUTTENSCHON: THANK YOU, MR. SPEAKER.
THIS MONTH IS DISABILITY EMPLOYMENT AWARENESS MONTH. FOR YEARS,
MANY PEOPLE WITH DISABILITIES HAVE PROVIDED SO MUCH INSIGHT AND
CONTRIBUTIONS TO OUR STATE AS WELL AS THIS COUNTRY. AS WE BEGIN THE
TRANSITION FROM REMOTE WORKPLACE TO BACK IN PERSON, WE WANT TO ENSURE
THE HEALTH AND SAFETY OF ALL WORKERS, INCLUDING THOSE WITH DISABILITIES.
PEOPLE WITH DISABILITIES HAVE WORKED THROUGHOUT THIS PANDEMIC AND
HAVE CONTINUED TO WORK AND PROVIDE ESSENTIAL TASKS THAT HELP MAINTAIN
OUR COMMUNITIES. IT IS AN HONOR TO SPONSOR THIS RESOLUTION RECOGNIZING
THE MONTH OF OCTOBER, DISABILITY EMPLOYMENT AWARENESS MONTH IN
THE STATE OF NEW YORK. THIS YEAR'S THEME IS INCREASING ACCESS AND
OPPORTUNITY.
AS NEW YORK STATE MEMORIALIZES OCTOBER DISABILITY
EMPLOYMENT AWARENESS MONTH, I ASK EVERYONE TO BE A PART AND HELP
SUPPORT THIS AS EVERYONE WITHIN OUR STATE DESERVES TO WORK IN A SAFE
AND HEALTHY WORKPLACE, AND THOSE WITH DISABILITIES THAT PROVIDE SO
MUCH TO OUR COMMUNITY. AND IT'S -- WE NEED TO BE FAIR AND EQUAL IN ALL
WORKPLACES. SO AGAIN, THANK YOU FOR THE OPPORTUNITY TO SPEAK AND
THANK YOU TO THOSE THAT EMPLOY OR ARE EMPLOYEES WITH DISABILITIES.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MS. WALSH ON THE RESOLUTION.
MS. WALSH: THANK YOU, MR. SPEAKER. I WANT TO
JUST THANK THE SPONSOR FOR BRINGING THIS RESOLUTION FORWARD. THE
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NYS ASSEMBLY MAY 12, 2021
EMPLOYMENT OR, RATHER, MORE ACCURATELY, THE UNEMPLOYMENT AND UNDER
EMPLOYMENT OF INDIVIDUALS WITH INTELLECTUAL AND DEVELOPMENTAL
DISABILITIES WITHIN OUR STATE IS COMPLETELY UNACCEPTABLE AND IT'S
SOMETHING THAT WE AS A BODY REALLY NEED TO CONTINUE TO WORK HARD TO
TRY TO ENSURE THAT PEOPLE WHO HAVE SO MUCH TO GIVE CAN FIND
EMPLOYMENT, MEANINGFUL EMPLOYMENT THAT REALLY WILL HELP TO MAKE
THEIR LIVES BETTER, GIVE THEM A SENSE OF VALUE AND TO -- TO REALLY
CONTRIBUTE TO OUR COMMUNITIES AND TO OUR STATE. SO I THINK THAT IT'S
GREAT THAT WE'RE LOOKING AT OCTOBER OF THIS YEAR TO HAVE AS DISABILITY
EMPLOYMENT AWARENESS MONTH, BUT I THINK IT'S REALLY SOMETHING THAT
WE NEED TO BE AWARE OF IN OUR WORK ALL YEAR ROUND AND EVERY YEAR. SO
THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: THANK YOU.
MR. SANTABARBARA.
MR. SANTABARBARA: THANK YOU, MR. SPEAKER.
I WOULD ALSO LIKE TO THANK THE SPONSOR FOR BRINGING THIS RESOLUTION
FORWARD. BY RECOGNIZING DISABILITY EMPLOYMENT AWARENESS MONTH IN
NEW YORK STATE, WE'RE SHOWING OUR LONGSTANDING COMMITMENT TO
BRING AWARENESS AND ACCEPTANCE TO THE PEOPLE IN OUR COMMUNITIES THAT
CONTRIBUTE SO MUCH DESPITE THE UNIQUE CHALLENGES THEY FACE. EVERY
DAY, THOUSANDS OF NEW YORKERS WITH DISABILITIES ARE SHOWING HOW
DISABILITY DOES NOT DEFINE THEM. PEOPLE WITH DISABILITIES HAVE TAKEN ON
ROLES TO KEEP OUR ECONOMY MOVING WHETHER IF YOU ARE OUR STATE
AGENCIES OR OWN LOCAL BUSINESSES. AND I'M SURE THAT ALL OF US IN THIS
LEGISLATIVE BODY TODAY HAVE EITHER A FRIEND, A NEIGHBOR OR A LOVED ONE,
9
NYS ASSEMBLY MAY 12, 2021
OR A CONSTITUENT WITH A DISABILITY. AND THROUGH THESE RELATIONSHIPS WE
KNOW HOW IMPORTANT IT IS TO BRING ATTENTION NOT ONLY TO THEIR UNIQUE
CHALLENGES, BUT TO TAKE THE TIME TO CELEBRATE THEIR CONTRIBUTIONS TO OUR
GREAT STATE. BY PASSING THIS RESOLUTION TODAY, WE'RE TAKING A STEP
FORWARD IN OUR EFFORTS TO PROMOTE A MORE FAIR AND INCLUSIVE SOCIETY FOR
ALL. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MR. ABINANTI.
MR. ABINANTI: THANK YOU, MR. SPEAKER. I, TOO,
THANK THE SPONSOR FOR BRINGING THIS RESOLUTION FORWARD. I ECHO THE
COMMENTS OF MY COLLEAGUES WHO JUST SPOKE. WE NEED TO URGE ALL
EMPLOYERS TO TAKE A GOOD LOOK AT PEOPLE WITH DISABILITIES. WE SHOULD
NOT BE LOOKING AT DISABILITIES, WE SHOULD BE LOOKING AT ABILITIES. ALL
PEOPLE HAVE DIFFERENT ABILITIES. ALL PEOPLE CAN CONTRIBUTE. LET'S JUST
LOOK BACK IN HISTORY, PRESIDENT F. D. R. WAS IN A WHEELCHAIR; STEVIE
WONDER, THE FAMOUS MUSICIAN, WAS BLIND; HELEN KELLER, REMARKABLE
EDUCATOR, HAD SO MANY DISABILITIES; ALBERT EINSTEIN HAD A LEARNING
DISABILITY EVEN THOUGH HE HAD ASPERGER'S AS WELL, AND LOOK AT ALL HE DID
FOR US; TEMPLE GRANDIN, WHO'S PERHAPS IS THE MOST FAMOUS MODERN DAY
PERSON WITH AUTISM, IS A PROFESSOR AND AN AUTHOR. WHEN GIVEN THE
CHANCE, PEOPLE WITH DISABILITIES CAN MAKE A GREAT CONTRIBUTION TO OUR
COMMUNITY. WE JUST URGE ALL EMPLOYERS TO LOOK AT ABILITIES, NOT
DISABILITIES. THANK YOU.
ACTING SPEAKER AUBRY: MR. BURDICK ON THE
RESOLUTION.
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NYS ASSEMBLY MAY 12, 2021
MR. BURDICK: THANK YOU. THANK YOU, MR.
SPEAKER. AS THE PREVIOUS SPEAKER JUST MENTIONED, THIS RESOLUTION
CERTAINLY IS TAKING US ON THE PROPER COURSE AND I'M ESPECIALLY
INTERESTED IN SEEING THIS RESOLUTION GO FORWARD AND THANK THE SPONSOR
OF THE RESOLUTION. AS THE NEWLY -- AS THE CHAIR OF THE NEWLY-CREATED
SUBCOMMITTEE ON EMPLOYMENT OPPORTUNITIES FOR PEOPLE WITH
DISABILITIES, WE WILL BE LOOKING AT ALL OPPORTUNITIES TO DEVELOP
EMPLOYMENT OPPORTUNITIES THROUGHOUT THE STATE, BOTH IN THE PRIVATE
SECTOR AND THROUGH PUBLIC AGENCIES, ESPECIALLY STATE AGENCIES. BUT
HERE, WE'RE LOOKING FOR ACROSS THE BOARD THE NEED TO TAKE A LOOK AND
EVERYONE TO SEE OPPORTUNITIES THAT ABSOLUTELY EXIST. SO AGAIN, MY
THANKS TO THE SPONSOR OF THIS RESOLUTION. I'LL BE VOTING FAVORABLY.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
PAGE 18, CALENDAR NO. 234, THE CLERK WILL READ.
THE CLERK: SENATE NO. S00391, CALENDAR NO.
234, SENATOR KAMINSKY (PAULIN, GALEF, MAGNARELLI, LUPARDO,
ENGLEBRIGHT, OTIS, GOTTFRIED, THIELE, JACOBSON, STERN, KELLES,
LAWLER--A00443). AN ACT TO AMEND THE TOWN LAW AND THE VILLAGE
LAW, IN RELATION TO REQUIRING LOCAL BUILDING AND PLANNING REGULATIONS TO
ACCOMMODATE THE USE OF CERTAIN RENEWABLE AND ALTERNATIVE ENERGY
RESOURCES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
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NYS ASSEMBLY MAY 12, 2021
REQUESTED, MS. PAULIN.
MS. PAULIN: THANK YOU, MR. SPEAKER. THIS BILL
WOULD ENCOURAGE, AS LONG AS CONDITIONS PERMIT, TOWNS AND VILLAGES TO
CONSIDER CERTAIN RENEWABLE ENERGY SOURCES WHEN CREATING ZONING AND
PLANNING REGULATIONS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU
YIELD?
MS. PAULIN: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
SIR.
MR. GOODELL: LOOKING AT THE TEXT OF THIS BILL, IT
SAYS THAT THE ZONING -- LOCAL ZONING AND LAND USE REGULATIONS SHALL,
WHICH IS MANDATORY, MAKE PROVISION FOR, SO FAR AS PRACTICAL, A VARIETY
OF ENERGY PRODUCTION SYSTEMS, INCLUDING FARM WASTE, ELECTRIC
GENERATING EQUIPMENT AMONGST OTHER THINGS, CORRECT?
MS. PAULIN: ACTUALLY, THERE WAS A PROVISION ADDED
SINCE WE'VE HAD THIS DEBATE LAST TIME, AND SO I JUST WANT TO CALL YOUR
ATTENTION TO SECTION 3, WHICH IS A NEW ADDITION IN 2019 WHICH WOULD --
WHICH SPECIFICALLY SAYS, BASED ON OUR DEBATE, MR. GOODELL, THAT
NOTHING IN THIS ACT SHALL BE CONSTRUED TO REQUIRE ANY TOWN OR VILLAGE TO
AMEND APPLICABLE LOCAL BUILDINGS CODE OR ZONING REGULATIONS. AND
THEN IF YOU GO BACK TO THE SECTION THAT YOU WERE TALKING ABOUT, IT ALSO --
12
NYS ASSEMBLY MAY 12, 2021
THERE'S A CLAUSE, SO FAR AS CONDITIONS MAY PERMIT THE ACCOMMODATION
OF. SO THE IMPLICATION OF THOSE TWO, READING THEM TOGETHER, WOULD BE
THAT IF AND WHEN THE COMPREHENSIVE PLAN WAS DESIGNED, AND NO ONE IS
ASKING THEM TO -- TO DESIGN IT OUT OF SEQUENCE, SO IN OTHER WORDS, THE
NEXT TIME THEY DID A COMPREHENSIVE PLAN IN ONE OF THESE COMMUNITIES,
THEY SHOULD TAKE THESE THINGS, AS CONDITIONS PERMIT, INTO CONSIDERATION,
BUT THAT NOTHING REQUIRES THEM TO AMEND THEIR -- THEIR -- THEIR LOCAL
BUILDING CODE OR ZONING REGULATIONS.
MR. GOODELL: SO LOOKING AT SECTION 3, DOES THAT
MEAN, THEN, THAT MUNICIPALITIES ARE FREE TO IGNORE THIS LAW?
MS. PAULIN: WELL, THEY'RE -- WHAT THEY'RE NOT FREE
TO DO IS THAT THEY HAVE TO LOOK AT THIS LIST WHEN THEY'RE DOING A
COMPREHENSIVE PLAN AND TO THINK ABOUT USING THESE ALTERNATIVES. WHAT
WE TRIED TO DO WAS TO SAY THEY DO NOT, THOUGH, HOWEVER, HAVE TO AMEND
THEIR LAWS TO ACCOMMODATE ALL OF THEM IF CONDITIONS DON'T PERMIT.
MR. GOODELL: AND SO IN OTHER WORDS, IF I
UNDERSTAND YOU CORRECTLY, IF THEY'RE DOING A NEW PLAN, THEY MUST, IT'S
MANDATORY, BUT THEY DON'T HAVE TO GO RETROACTIVELY AND AMEND EXISTING
PLANS; IS THAT AN ACCURATE --
MS. PAULIN: THEY DON'T HAVE TO -- THEY DON'T HAVE
TO AMEND EXISTING PLANS, NO. THEY -- THEY WOULD JUST -- AND THIS IS FOR
A COMPREHENSIVE PLAN WHICH SOMETIMES -- YOU KNOW, I HAVE BEEN
INVOLVED IN A COMPREHENSIVE PLAN IN MY OWN VILLAGE MANY YEARS AGO,
AND, YOU KNOW, WHAT SOMETIMES IS WRITTEN IN THESE PLANS IS LOOKING AT
THE FUTURE. SO IT'LL HAVE SOME IMMEDIATE THINGS TO DO, BUT THEN PERHAPS
13
NYS ASSEMBLY MAY 12, 2021
IN THE FUTURE THEY MAY WANT TO CONSIDER SOME OF THESE TYPES OF
ALTERNATIVES. AND SO THEY WRITE THAT AS SOMETHING THAT NEEDS TO BE
STUDIED IN THE FUTURE, LOOKED AT IN THE FUTURE, BUT WE WANTED TO MAKE IT
CLEAR THAT THEY -- THAT IT WAS SPECIFIC TO THE MUNICIPALITY, IT WAS
FORWARD THINKING AND THEY DIDN'T HAVE TO DO ANY IMMEDIATE CHANGES TO
THEIR LOCAL LAWS.
MR. GOODELL: NOW, I NOTE THAT THE LAW SAYS THAT
THESE PLANS HAVE TO CONSIDER ALL OF THESE: SOLAR, WIND, WIND TURBINES,
HYDROELECTRIC, FARM WASTE, AS CONDITIONS PERMIT. WHAT IS MEANT BY THAT
PHRASE, AS CONDITIONS PERMIT? DOES THAT MEAN IF THERE'S ENOUGH WIND
VOLUME THEY MUST CONSIDER THE -- INSTALLING WIND TURBINES WITHIN THE
TOWN IF IT MEETS --
MS. PAULIN: WELL, I WOULD ARGUE THAT WIND --
MR. GOODELL: -- (INAUDIBLE) (CROSS-TALK) BENEFIT
NEARBY FARMS THEY HAVE TO LOOK AT FARM WASTE?
MS. PAULIN: SO THE -- CERTAINLY, WE HAVE ENOUGH
WIND ALL OVER THE STATE, BUT CONDITIONS PERMIT PROBABLY WOULD BE --
WOULD BE THOUGHT OF IN THOSE INSTANCES WHETHER THERE WAS ANY LAND TO
DO THAT. I MEAN, CERTAINLY IN MY VILLAGE, I DON'T KNOW THAT THERE'S ANY
PLACE THAT YOU COULD ACTUALLY PUT A WIND TURBINE, IT'S SO BUILT UP, AND
YOU NEED SPACE. SAME THING WITH A SOLAR FARM, YOU -- YOU KNOW, SOLAR
FARMS TAKE A LOT OF -- A LOT OF LAND. SO WHILE YOU MAY BE ABLE TO PUT
SOLAR - REMEMBER, SOLAR WAS PART OF THE ORIGINAL LAW ALREADY - YOU
MIGHT BE ABLE TO PUT SOLAR ON A ROOFTOP, BUT YOU MIGHT NOT BE ABLE TO
PUT A SOLAR FARM IN YOUR COMMUNITY. BUT SOLAR WAS IN THE LAW ALREADY,
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NYS ASSEMBLY MAY 12, 2021
AND SO AS CONDITIONS PERMITTED, THEY COULD TAKE SOLAR AND NOW THESE
OTHER TYPES OF ALTERNATIVES INTO CONSIDERATION WHILE THEY'RE PLANNING.
YOU KNOW, FOR -- FOR EXAMPLE, YOU KNOW, FARM WASTE
WOULD -- I -- WE DON'T HAVE MANY FARMS IN -- IN -- IN LOWER WESTCHESTER
COUNTY. I DON'T KNOW THAT, YOU KNOW, WE COULD PROBABLY BUY FARM
WASTE, YOU KNOW, FROM, YOU KNOW, FROM SOME OF THE COMMUNITIES OR,
YOU KNOW, ASK FOR IT TO BE TRANSPORTED DOWN, BUT IT WOULDN'T -- YOU
KNOW, CONDITIONS DON'T PERMIT US TO REALLY CONSIDER THAT. I WOULD
IMAGINE IN YOUR COMMUNITY IT WOULD BE DIFFERENT TYPES OF ALTERNATIVES
THAT MIGHT MAKE SENSE.
MR. GOODELL: THANK YOU VERY MUCH, MS. PAULIN.
ON THE -- ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: I APPRECIATE THE SPONSOR'S DESIRE TO
PROMOTE RENEWABLE ENERGY AND I THINK THAT IS CERTAINLY A LAUDABLE GOAL.
BUT I ALSO RESPECT, A GREAT DEAL, THE WISDOM AND THOUGHTFULNESS OF OUR
LOCAL TOWN AND VILLAGE BOARDS AND THEIR PLANNING BOARDS AND THEIR
COMPREHENSIVE PLANNING. AND AS MUCH AS WE LIKE TO SUPPORT GREEN
ENERGY, THERE IS NO DOUBT THAT SOME GREEN ENERGY PROJECTS ARE SIMPLY
INCONSISTENT WITH THE LOCAL DESIRE TO DEVELOP TOWNS IN A CERTAIN WAY TO
BENEFIT LOCAL RESIDENTS AND TO PROTECT THEM FROM INCONSISTENT
DEVELOPMENT. AND FOR DECADES WE'VE RECOGNIZED THAT THE ROLE OF LOCAL
ZONING IS TO PROVIDE A THOUGHTFUL DEVELOPMENT BLUEPRINT FOR EVERYONE'S
BENEFIT; TO PREVENT, FOR EXAMPLE A VERY DISRUPTIVE TYPE OF DEVELOPMENT
15
NYS ASSEMBLY MAY 12, 2021
IN THE MIDDLE OF A RESIDENTIAL AREA.
THE SPONSOR, TO HER CREDIT AND I APPRECIATE IT, HAS
MADE IT CLEAR THAT THIS LEGISLATION WOULD NOT APPLY RETROACTIVELY, AND I
THINK THAT'S A VERY POSITIVE ADDITION. BUT THERE'S NO DOUBT IT WOULD
APPLY PROSPECTIVELY. AND THE TITLE STARTS RIGHT OUT, IN RELATION TO
REQUIRING LOCAL BUILDING AND PLANNING REGULATIONS TO ACCOMMODATE
HYDROPOWER, WIND TURBINES, SOLAR ARRAYS, FARM WASTE, ELECTRIC
GENERATION AND OTHER TYPES OF GREEN ENERGY. AND MANY OF THOSE TYPES
OF GREEN ENERGY ARE SIMPLY INCOMPATIBLE WITH LOCAL ZONING. SO I DON'T
THINK IT'S AS APPROPRIATE FOR US AS A LEGISLATURE TO OVERRIDE THE
THOUGHTFUL, KNOWLEDGEABLE DISCRETION OF LOCAL PLANNING AND ZONING
OFFICERS TO MANDATE THAT THEY CONSIDER AND MAKE PROVISION FOR, AS FAR
AS PRACTICAL, GREEN ENERGY PROJECTS THAT COULD BE VERY INCOMPATIBLE
WITH THEIR OVERALL OBJECTIVES OF PROTECTING THE EXISTING RESIDENTS AND
PROVIDING FOR AN ORDERLY DEVELOPMENT OF THEIR TOWNS. IN RECOGNITION OF
THAT RESPECT FOR LOCAL OFFICIALS AND THEIR ROLE, I WILL BE VOTING AGAINST
THIS AND RECOMMEND THE SAME FOR MY COLLEAGUES. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. TAGUE.
MR. TAGUE: THANK YOU, MR. SPEAKER. WOULD THE
SPONSOR KINDLY YIELD FOR A QUICK QUESTION?
ACTING SPEAKER AUBRY: MS. PAULIN --
MS. PAULIN: ABSOLUTELY.
ACTING SPEAKER AUBRY: -- WILL YOU YIELD?
MS. PAULIN: YES.
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NYS ASSEMBLY MAY 12, 2021
MR. TAGUE: I HAVE A CONCERN. YOU MENTIONED THE
TERM FARM WASTE. AND WHAT EXACTLY ARE YOU REFERRING TO WITH THE TERM
OF FARM WASTE?
MS. PAULIN: NOT BEING A FARMER, I CANNOT TELL YOU
EXACTLY WHAT GOES INTO FARM WASTE, I CAN JUST TELL YOU THAT IT'S -- IT'S AN
ACCEPTED DEFINITION BY THE ENVIRONMENTAL COMMUNITY AS A TYPE OF -- OF
WASTE THAT IS CONSIDERED APPROPRIATE FOR ACCOMMODATION IN A -- IN A
COMPREHENSIVE PLAN WHERE YOU'RE TALKING ABOUT RENEWABLES.
MR. TAGUE: SO WE -- COULD WE BE TALKING ABOUT
MANURE, OR ARE WE TALKING ABOUT VEGETABLE WASTE OR -- IS THAT WHAT THIS
IS REFERRING TO? I'M JUST TRYING TO GET MY HANDS AROUND EXACTLY WHAT IS
MEANT BY FARM WASTE.
MS. PAULIN: WELL, IT'S SPECIFICALLY FARM WASTE
ELECTRIC GENERATING EQUIPMENT. SO THERE'S ALREADY AN ELECTRIC GENERATOR
THAT USES THIS WASTE TO PRODUCE -- THAT USES TO PRODUCE ELECTRICITY FOR
THAT FARM, AND THAT'S WHAT WE'RE -- WE'RE TALKING ABOUT HERE. SO
WHETHER IT -- YOU KNOW, WHAT GOES INTO IT EXACTLY I'M NOT SURE, I JUST
KNOW THAT IT'S AN ACCEPTED DEFINITION, IT'S DIGESTERS AND IT'S MANURE
MOSTLY, I UNDERSTAND.
MR. TAGUE: OKAY. WELL THANK YOU VERY MUCH. I
-- I APPRECIATE YOUR WORK ON THIS BILL. OF COURSE I WON'T BE SUPPORTING
IT, BUT...
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. TAGUE: LISTEN, AS MY COLLEAGUE HAD JUST
17
NYS ASSEMBLY MAY 12, 2021
MENTIONED, THIS -- THIS BILL IS OUT OF CHARACTER AND INCONSISTENT WITH
MANY LOCAL RURAL COMMUNITIES, THEIR PLANS. YOU KNOW, IT ALSO COULD
OFFER DANGER TO PRODUCTIVE, TILLABLE FARMLAND. THIS TO ME IS JUST
ANOTHER MANDATE ON LOCAL GOVERNMENT. LOCAL GOVERNMENT ARE THE ONES
THAT KNOW THEIR LOCAL COMMUNITIES BEST AND WE SHOULD LEAVE THIS --
THESE DECISIONS UP TO THEM. THAT'S WHY THEY PUT THE ZONING AND
COMMUNITY PLANS INTO PLACE, BECAUSE THEY KNOW THEIR COMMUNITIES
BEST. THEY DON'T NEED ANY OF US FROM ALBANY TELLING US HOW WE SHOULD
PLAN FOR THE FUTURE IN OUR COMMUNITIES. THIS, AGAIN, IS A
ONE-SIZE-FITS-ALL TYPE OF LEGISLATION THAT MAY WORK IN MANHATTAN OR MAY
WORK IN WESTCHESTER COUNTY, BUT IT'S NOT GOING TO WORK IN SCHOHARIE,
GREENE, DELAWARE OR OTSEGO, ULSTER OR ALBANY COUNTY, THE AREAS THAT I
SERVE.
SO I WILL BE VOTING AGAINST THIS BILL. AGAIN, THIS IS A
MANDATE ON LOCAL GOVERNMENTS, PEOPLE THAT KNOW THEIR COMMUNITIES
BEST, AND THESE ARE THE TYPES OF THINGS THAT WE SHOULD STAY OUT OF. LET
LOCAL GOVERNMENTS MAKE THESE DECISIONS FOR THEMSELVES. FOR THOSE
REASONS, MR. SPEAKER, I WILL BE VOTING IN THE NEGATIVE AND I URGE ALL,
ESPECIALLY MY RURAL, UPSTATE COLLEAGUES, TO VOTE NO ON THIS LEGISLATION.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: CERTAINLY.
MR. -- MS. BYRNES.
MS. BYRNES: THANK YOU, MR. SPEAKER. CAN I BE
HEARD ON THE BILL, PLEASE?
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
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NYS ASSEMBLY MAY 12, 2021
MS. BYRNES: WITH ALL DEEPEST RESPECT TO THE
SPONSOR, THIS IS JUST ANOTHER BILL THAT IS ERODING HOME RULE, LOCAL RULE IN
OUR MUNICIPALITIES. IT IS A CONTINUATION ON OF THE OTHER RULES AND
REGULATIONS AND BILLS THAT HAVE BEEN GONE BEFORE IT AND IT IS JUST
UNCONSCIONABLE THAT WE CONTINUE TO TAKE POWER AND AUTHORITY AWAY
FROM OUR LOCAL MUNICIPALITIES, OUR TOWNS AND OUR VILLAGES. THIS ONE
DOESN'T AFFECT IT, BUT OUR COUNTIES, AS WELL, AND I, AS A RESULT, I
ABSOLUTELY CANNOT VOTE IN FAVOR OF THIS BILL. I WILL BE VOTING NO. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. ANGELINO.
MR. ANGELINO: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. ANGELINO: WITH THE PASSAGE OF A-443, THIS IS
ANOTHER ATTACK ON HOME RULE AND IT CONTINUES WHAT MANY OF MY
CONSTITUENTS FEEL IS THE FURTHER COLONIZATION OF UPSTATE NEW YORK.
THIS IS GOING TO IMPACT OUR MOST RURAL TOWNSHIPS WHERE THEY CAN'T
AFFORD ANY LITIGATION WITH A LARGE ENERGY COMPANY. MANY OF THESE
TOWNSHIPS ONLY EMPLOY THREE PEOPLE, USUALLY IN A HIGHWAY DEPARTMENT,
AND EVERYONE ELSE SERVES AS VOLUNTEER STATUS. THIS IS GOING TO -- THIS
HAS THE POTENTIAL TO LEAD TO MANY COSTLY LAWSUITS AND LITIGATION AND I
CAN'T SUPPORT THIS AND I URGE MY COLLEAGUES TO VOTE THIS IN THE NEGATIVE
WITH ME. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. SALKA.
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NYS ASSEMBLY MAY 12, 2021
MR. SALKA: YEAH, MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. SALKA: THANK YOU, SIR. AS BEING -- HAVING
BEEN A TOWN SUPERVISOR IN A RURAL, UPSTATE COMMUNITY FOR 11 YEARS,
ONE OF THE MOST USEFUL TOOLS THAT WE HAD TO REPRESENT THE BEST INTERESTS
OF OUR LOCAL CITIZENS, OUR LOCAL RESIDENTS, WAS THE POWER OF LOCAL LAW.
WHAT THIS WILL DO IS EBB AWAY AT THE OPTIONS THAT WE HAD TO BE ABLE TO
EXERCISE UNDER LOCAL LAW. IT EBBS AWAY AT THE INDEPENDENCE THAT OUR
SMALL RURAL COMMUNITIES HAVE, AND I ECHO THE SENTIMENTS OF MY
COLLEAGUES FROM UPSTATE THAT THIS IS NOT A GOOD BILL FOR OUR UPSTATE
COMMUNITIES. WE REALIZE THE NEED FOR ENERGY IN THE DOWNSTATE AREA,
BUT IT SHOULD NOT BE AT THE SACRIFICE AND THE QUALITY OF LIFE FOR OUR
UPSTATE COMMUNITIES. I'M SURE WE CAN WORK TOGETHER ON THIS AND I
APPRECIATE THE SPONSOR'S INTENT, BUT AS FAR AS WHAT IT WILL BE TO THE
ADVANTAGE OF OUR UPSTATE COMMUNITIES, IT DEFINITELY WILL NOT SERVE US
WELL. SO IN THAT RESPECT, MR. SPEAKER, I'LL BE VOTING NO ON THIS BILL AND
I URGE MY COLLEAGUES TO DO THE SAME.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. GIGLIO: YES. HAVING BEEN AN ELECTED OFFICIAL
FOR THE PAST TEN YEARS IN A LOCAL TOWN, TOWN OF RIVERHEAD, WHERE OUR
FARMLAND AND OUR INDUSTRIAL LAND HAS BEEN BOUGHT UP AND SOLAR PANELS
20
NYS ASSEMBLY MAY 12, 2021
AND SOLAR ARRAYS ARE BEING PLANNED ON OVER 600 ACRES, THOSE ARE NOT
JOBS THAT ARE GOING TO BE HAPPENING BECAUSE OF THE INDUSTRIAL
DEVELOPMENT TURNING INTO SOLAR ARRAYS AND RENEWABLE ENERGIES. I THINK
THAT A SITING BOARD THAT THE GOVERNOR PUT IN PLACE THAT USURPS LOCAL
AUTHORITY IS A DISGRACE. LOCAL MUNICIPALITIES SHOULD HAVE THE RIGHT TO
DECIDE AND DETERMINE WHETHER OR NOT THEY HAVE ENOUGH SATURATION AND
WHETHER THEY'RE CARRYING THE WHOLE LOAD FOR THE WHOLE EAST END OF
LONG ISLAND WHICH RIGHT NOW, A TOWN IN MY DISTRICT IS.
SO I COMPLETELY OBJECT TO THIS RULE, IT SHOULD NOT BE A
REQUIREMENT FOR THE PLANNING DEPARTMENTS AND BUILDING DEPARTMENTS TO
JUST LOOK THE OTHER WAY WHEN IT'S OVERSATURATED WITH RENEWABLE ENERGY
PROJECTS. SO I WILL BE VOTING NO ON THE BILL AND I ENCOURAGE MY
COLLEAGUES TO DO THE SAME. WE NEED TO KEEP OUR FARMLANDS BEING
FARMED AND KEEP OUR INDUSTRIAL PROPERTIES FOR JOB CREATION. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU.
MS. PAULIN.
MS. PAULIN: THANK YOU, MR. SPEAKER. JUST A
COUPLE OF POINTS ON THE BILL. WHEN I WAS A LOCAL VILLAGE TRUSTEE AND WE
EMBARKED ON A COMPREHENSIVE PLAN, WHICH IS REALLY THAT SECTION OF THE
LAW THAT THIS IS AMENDING, I WAS NOT AN EXPERT ON RENEWABLE ENERGY,
NOR WAS I AN EXPERT ON SOLAR OR ANY OF THE OTHER THINGS THAT THIS
PARAGRAPH IN THE LAW REQUIRED US TO LOOK AT. FOR EXAMPLE, TO FACILITATE
THE PRACTICE OF FORESTRY, TO FACILITATE THE ADEQUATE PROVISION OF
TRANSPORTATION, WATER, SEWAGE, SCHOOLS, ET CETERA. WE DON'T HAVE A
FOREST IN SCARSDALE, BUT THE LAW DID REQUIRE THE CONSULTANT THAT WE HIRED
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NYS ASSEMBLY MAY 12, 2021
TO HELP US WITH THE MASTER PLAN OR THE COMPREHENSIVE PLAN TO LOOK AT
THOSE FACTORS. AND THOSE CONSULTANTS CAME BACK AND SAID, YOU KNOW
WHAT? YOU DO NOT HAVE A FOREST IN SCARSDALE SO, THEREFORE, WE WILL NOT
PUT ANY ASPECT OF THAT IN THE COMPREHENSIVE PLAN. WE MAY PUT A
SENTENCE THAT SAYS 'YOU DO NOT HAVE A FOREST.' AND REALLY, THAT'S THE
SECTION THAT WE'RE AMENDING.
SO WHAT IS GOING TO HAPPEN IN THE REAL PRACTICAL WORLD
IS THAT WHEN THESE -- WHEN A CONSULTANT IS HIRED FOR A FUTURE
COMPREHENSIVE PLAN, THAT CONSULTANT WILL SAY TO THE COMMUNITY, WE
NEED TO TAKE -- WE NEED TO LOOK AT THESE THINGS, BUT YOU KNOW WHAT
SCARSDALE? YOU DON'T HAVE FARMS SO, THEREFORE, WE MAY PUT A SENTENCE
IN THE COMPREHENSIVE PLAN THAT WE LOOKED AT THIS AND WE REALIZED THAT
YOU DO NOT HAVE A FARM OR DIGESTER IN YOUR COMMUNITY, NOR WILL YOU
EVER BE ABLE TO BECAUSE OF THE SHORTAGE OF LAND, BECAUSE SOME OF THE
OTHER PROVISIONS THAT ARE REQUIRED IS TO -- TO MAKE SURE THAT THERE'S
ADEQUATE LIGHT AND AIR, TO PREVENT OVERCROWDING OF LAND, ET CETERA.
SO A COMPREHENSIVE PLAN IS A BALANCE, AND ALL WE'RE
SAYING IS SOLAR WAS THE ALTERNATIVE ENERGY AT THE TIME THAT PEOPLE WERE
THINKING ABOUT, AND NOW THERE ARE MORE. AND NOW THERE ARE MORE
THINGS THAT LOCAL COMMUNITIES, WHETHER THEY'RE UPSTATE OR DOWNSTATE
OR IN THE MIDDLE SHOULD BE THINKING ABOUT WHEN THEY DEVELOP A
COMPREHENSIVE PLAN. WE MADE IT SPECIFICALLY APPARENT THAT THEY DO
NOT HAVE TO AMEND THEIR LAWS IN ORDER TO ACCOMMODATE THINGS THAT
DON'T MAKE SENSE, BUT THEY WILL HAVE TO JUST TAKE THEM INTO
CONSIDERATION. AND AS TIMES CHANGE, PERHAPS AS LAND USE CHANGES,
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NYS ASSEMBLY MAY 12, 2021
THEY WILL HAVE TO THEN LOOK AT THAT. I DON'T THINK THERE'LL EVER BE AN
OCEAN NEAR ALBANY, NOR WILL THERE BE AN OCEAN NEAR WESTCHESTER
COUNTY. SO OCEAN THERMAL IS NOT LIKELY TO BE SOMETHING THAT WE CAN
ACCOMMODATE, BUT IT WILL BE SOMETHING THAT THE CONSULTANT WILL HAVE
ON THEIR LIST. AND SO WHEN THEY ARE LOOKING AT LONG ISLAND, FOR
EXAMPLE, OCEAN THERMAL MIGHT MAKE A LOT MORE SENSE.
SO WITH THAT, THIS IS A VERY SIMPLE BILL. IT'S BEEN
AROUND FOR A VERY LONG TIME, I'M VERY PLEASED THAT WE ARE FINALLY GOING
TO BE PASSING IT IN BOTH HOUSES BECAUSE I THINK IT'S AN IMPORTANT STEP
FORWARD TO CREATE -- TO CREATE MORE RENEWABLE TYPE OF ENERGY GOING
FORWARD. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 391. 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 MANDATE, BUT THOSE WHO
SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO THAT WE CAN
PROPERLY RECORD THEIR VOTE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
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NYS ASSEMBLY MAY 12, 2021
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE GENERALLY IN FAVOR OF
THIS PIECE OF LEGISLATION. THOSE DESIRING TO BE AN EXCEPTION SHOULD FEEL
FREE TO CONTACT THE MAJORITY LEADER'S OFFICE AND YOUR VOTE WILL BE
PROPERLY RECORDED.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES OF MINE SUPPORTING THIS LEGISLATION: MR. BROWN,
MR. BYRNE, MR. DESTEFANO, MR. DURSO, MR. GANDOLFO, AND MR. LAWLER
-- MICHAEL LAWLER. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. IF YOU COULD RECORD OUR COLLEAGUES MRS. GUNTHER AND MR.
SANTABARBARA IN THE NEGATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: SO NOTED ON THIS FIRST
VOTE OF THE DAY.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 20, CALENDAR NO. 261, THE CLERK WILL READ.
THE CLERK: SENATE NO. S01199, CALENDAR NO.
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NYS ASSEMBLY MAY 12, 2021
261, SENATOR GIANARIS (CRUZ, GALEF, GRIFFIN--A05838). AN ACT TO
AMEND THE PUBLIC SERVICE LAW, IN RELATION TO REQUIRING AT LEAST ONE
COMMISSIONER OF THE PUBLIC SERVICE COMMISSION TO HAVE EXPERIENCE
IN UTILITY CONSUMER ADVOCACY.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MS. CRUZ.
MS. CRUZ: THANK YOU, MR. SPEAKER. ASSEMBLY BILL
NO. 5832 AMENDS THE PUBLIC SERVICE LAW IN RELATION TO REQUIRING AT
LEAST ONE COMMISSIONER OF THE PUBLIC SERVICE COMMISSION TO HAVE THE
EXPERIENCE IN UTILITY CONSUMER ADVOCACY. BY REQUIRING THIS, THE BILL
WILL HELP RESTORE THE EFFECTIVENESS OF THAT BODY IN ENSURING THAT PUBLIC
UTILITIES OPERATE IN THE BEST INTERESTS OF THE PUBLIC. OTHER THAN
PROVISIONS FOR POLITICAL PARTY BALLOTS, THERE ARE CURRENTLY NO STATUTORY
STANDARDS FOR APPOINTMENTS TO THE PSC. THIS STANDS IN MARKED
CONTRAST TO STATUTES IN MANY OTHER STATES, WHICH PROVIDE VARIOUS
MECHANISMS FOR DETERMINING QUALIFICATIONS FOR UTILITY REGULATORS,
INCLUDING REQUIREMENTS IN TWO OF OUR NEIGHBORING STATES THAT AT LEAST
ONE COMMISSIONER MUST HAVE EXPERIENCE IN CONSUMER PROTECTION AND
ADVOCACY. THE PUBLIC SERVICE COMMISSION IS RESPONSIBLE FOR
OVERSEEING THE OPERATIONS OF PUBLIC UTILITIES, PROVIDERS OF ENERGY,
TELECOMMUNICATIONS AND CABLE SERVICES THAT PROVIDE ESSENTIAL SERVICES
THROUGHOUT THE -- THROUGH THE USE OF PUBLIC RIGHTS OF WAY AND SIMILAR
COMMON RESOURCES.
IN RECENT YEARS, MANY PEOPLE BELIEVE THAT THE PSC HAS
STRAYED FROM ITS CORE MISSION OF ENSURING CONSUMERS RECEIVE ADEQUATE
25
NYS ASSEMBLY MAY 12, 2021
SERVICE AT REASONABLE RATES. CURRENTLY, ALL FOUR COMMISSIONERS ARE
PRO-INDUSTRY AND ONE SEAT IS OPEN. TO RECTIFY THIS SITUATION, THIS
LEGISLATION WOULD REQUIRE THAT AT LEAST ONE OF THOSE PSC
COMMISSIONERS HAVE EXPERIENCE IN ADVOCATING FOR THE INTEREST OF
UTILITY CONSUMERS, INCLUDING OUR SENIORS AND OTHER VULNERABLE
POPULATIONS. THIS PROVISION IS ALREADY ENFORCED IN THE STATE OF
CONNECTICUT, MASS -- AND MASSACHUSETTS HAD SIMILAR REQUIREMENTS.
PLACING A DEDICATED CONSUMER PROTECTIVE -- PROTECT -- REPRESENTATIVE ON
THE PSC WILL HELP ENSURE THAT THE INTERESTS OF WORKING FAMILIES, SMALL
BUSINESSES, AND OTHER RATEPAYERS ARE NOT SUBORDINATE TO THE INTERESTS OF
PUBLIC UTILITIES AND OTHER COMMERCIAL INTERESTS THAT ARE ALREADY WELL
REPRESENTED IN THE PSC PROCEEDINGS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. CRUZ --
MS. CRUZ: YES.
ACTING SPEAKER AUBRY: -- WILL YOU YIELD?
MS. CRUZ YIELDS, SIR.
MR. GOODELL: THANK YOU, MS. CRUZ. EARLIER THIS
WEEK, WE PASSED A BILL REQUIRING EVERY MEMBER TO THE PUBLIC SERVICE
COMMISSION TO HAVE CERTAIN EDUCATIONAL REQUIREMENTS, WHETHER AS AN
ENGINEER OR -- OR WHATEVER. WOULD ALL THOSE EDUCATIONAL REQUIREMENTS
ALSO APPLY TO THIS REPRESENTATIVE?
MS. CRUZ: THOSE ARE TWO SEPARATE BILLS. SO IF THE
26
NYS ASSEMBLY MAY 12, 2021
ONE THAT YOU'RE MENTIONING, IN FACT, BECOMES A LAW AND GETS SIGNED,
YES.
MR. GOODELL: AND AREN'T ALL THE MEMBERS OF THE
PUBLIC SERVICE COMMISSION CHARGED WITH THE RESPONSIBILITY OF
WORKING IN THE BEST INTERESTS OF THE PUBLIC? ISN'T THAT THE RESPONSIBILITY
FOR EVERY ONE OF THEM?
MS. CRUZ: WELL, ARGUABLY, WHEN YOU LOOK AT THEIR
BIOS AND THEIR EXPERIENCE, WHILE THEY MAY BE CHARGED WITH THAT, ONE
CAN ASSUME NOT ONLY BASED ON THE STATISTICS OF HOW LONG IT'S TAKEN TO
MAKE CERTAIN FINDINGS AND DECISIONS THAT THEY, IN FACT, AREN'T
NECESSARILY ALL WORKING TOWARD THE BETTERMENT OF THE PUBLIC OR IN THE
INTEREST OF THE PUBLIC.
MR. GOODELL: AND ARE THERE ANY SPECIFIC PSC
RULINGS THAT YOU FIND OBJECTIONABLE THAT YOU THOUGHT WERE NOT IN THE
BEST INTERESTS OF THE PUBLIC?
MS. CRUZ: YEAH -- WELL, NOT NECESSARILY THE
DECISIONS, BUT THE LENGTH AND HOW -- THAT IT'S TAKEN TO MAKE SOME --
SOME OF THOSE DECISIONS. IF YOU GIVE ME ONE SECOND I HAVE SOME
STATISTICS HERE. SO IN MARCH OF 2020 THERE WERE OVER 1,200 COMPLAINTS
FILED AT THE PSC BY CONSUMERS HAVING PROBLEMS WITH THE UTILITIES. AND
AMONG THOSE, ABOUT 507 WERE FROM NEW YORK CITY ALONG -- ALONE AND
RESOLVING THE PROBLEM TOOK LONGER THAN 14 DAYS, WHICH, IN THE GRAND
SCHEME OF THINGS, 14 DAYS MAY NOT SEEM LIKE A LOT, BUT FOR SOMEONE
WHO HAS A PROBLEM WITH A LIFESAFE UTILITY, IT CAN BE. SPECTRUM CABLE
HAS SEEN AND CONTINUES TO SEE SLOWER CONSUMER RESPONSES. ALSO IN
27
NYS ASSEMBLY MAY 12, 2021
JANUARY OF 2021 ALONE, THE BILLING COMPLAINTS THAT WERE INVESTIGATED
BY THE PSC YIELDED ABOUT FOUR -- $644,000 IN REFUNDS TO APPROXIMATELY
83 CONSUMERS.
AND AGAIN, I THINK IT'S ONLY FAIR THAT IF WE ARE GOING TO
HAVE A REGULATORY BODY THAT LOOKS AT -- THAT IS SUPPOSED TO LOOK AT THE
BEST INTEREST OF THE CONSUMER, THAT IS SUPPOSED TO ALSO TAKE INTO
ACCOUNT THE NEEDS OF THESE BUSINESSES, THAT WE HAVE SOMEONE THAT
REPRESENTS BOTH SIDES. AND WHEN YOU HAVE MORE MEMBERS ON ONE OVER
THE OTHER, I -- I JUST -- I CAN'T SEEM TO UNDERSTAND THE OBJECTION THAT
SOME FOLKS WOULD HAVE WHEN YOU HAVE FIVE SEATS, FOUR OF THEM ARE
PRO-BUSINESS AND ONE IS PRO-CONSUMER, WHICH IS WHAT WE'RE TRYING TO
DO HERE.
MR. GOODELL: NOW, ALL -- HOW ARE THE CURRENT
REPRESENTATIVES OF THE PUBLIC SERVICE COMMISSION SELECTED? AREN'T
THEY ALL SELECTED BY THE GOVERNOR?
MS. CRUZ: YES.
MR. GOODELL: AND IF SO, IS IT YOUR POSITION, THEN,
THAT THE GOVERNOR IS NOT SELECTING A REPRESENTATIVE GROUP OF PEOPLE AND
THAT WE NEED TO CURB THE GOVERNOR'S POWER BY REQUIRING HIM TO APPOINT
A CONSUMER ADVOCATE?
MS. CRUZ: WHILE I APPRECIATE WHAT YOU'RE TRYING TO
DO AND TRYING TO GET ME TO SAY, MY POSITION IS THAT OUR BILL IS TRYING TO
LOOK AFTER THE INTERESTS OF THE CONSUMERS. IT IS NOT MY POSITION AT THIS
MOMENT TO GO WITH THE LINE THAT YOU'RE TRYING TO GET ME TO GO WITH, BUT
I APPRECIATE IT.
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NYS ASSEMBLY MAY 12, 2021
MR. GOODELL: I APOLOGIZE, BUT I THOUGHT YOU JUST
SAID THAT-- THAT ALL THE OTHER APPOINTEES OF THE GOVERNOR WERE
PRO-BUSINESS. AND I -- I HAVE TO SAY, I -- I DON'T SHARE THAT PERSPECTIVE,
I -- I'VE ACTUALLY THOUGHT THAT THE PUBLIC SERVICE COMMISSION WAS VERY
REPRESENTATIVE AND VERY BALANCED. SO I WAS JUST QUESTIONING WHY YOU
COME TO THE CONCLUSION THAT THE GOVERNOR'S ONLY BEEN APPOINTING
PRO-BUSINESS REPRESENTATIVES TO THE PUBLIC SERVICE COMMISSION.
MS. CRUZ: WELL, IF YOU LOOK AT THE -- THE EXPERIENCE
AND THE BIOS OF THE INDIVIDUAL FOLKS WHO HAVE BEEN APPOINTED, THEY
DON'T STRIKE ME AS SOMEONE WHO WAS A FORMER VP FOR VERIZON,
SOMEONE WHO IS A FORMER COLLEAGUE OF -- OF US ON -- IN THE REPUBLICAN
PARTY, SOMEONE WHO IS A VICE PRESIDENT OF THE -- OR TRANSPORTATION
PIPELINE. SO I'M LISTENING TO -- TO WHAT CONSUMERS ARE SAYING, I'M
LOOKING AT THE BIOS AND I'M LOOKING AT HOW LONG IT'S TAKEN TO MAKE
CERTAIN DECISIONS ON BEHALF OF CONSUMERS. AND THE ONLY CONCLUSION I
CAN COME UP WITH IS THAT WE ARE IN ABSOLUTE NEED OF HAVING SOMEONE
WHO'S COMPLETE -- A COMPLETE REPRESENTATION OF CONSUMERS. AND HERE
WE HAVE FOLKS WHO ARE -- WHO SEEM TO BE MORE PRO-BUSINESS, WHOSE
EXPERIENCE IS IN BUSINESS.
MR. GOODELL: AM I CORRECT THAT ALL THESE
APPOINTMENTS REQUIRE APPROVAL BY THE SENATE?
MS. CRUZ: YOU ARE.
MR. GOODELL: THANK YOU.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
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NYS ASSEMBLY MAY 12, 2021
GOODELL.
MR. GOODELL: FIRST, I -- I APPRECIATE THE -- THE
ANSWERS FROM MS. CRUZ. RIGHT NOW WE HAVE A SITUATION WHERE WE
HAVE A DEMOCRATIC GOVERNOR WHO APPOINTS ALL THE MEMBERS OF THE
PUBLIC SERVICE COMMISSION, SUBJECT TO THE APPROVAL OF MORE THAN 50
PERCENT MAJORITY, NEARLY TWO-THIRDS MAJORITY IN THE
DEMOCRATIC-CONTROLLED SENATE; YET, WE'RE TOLD THAT THE GOVERNOR'S
APPOINTMENTS TO THE PUBLIC SERVICE COMMISSION ARE NOT REPRESENTATIVE
OF THE PEOPLE. AND EVEN THOUGH I'M UNCOMFORTABLE WITH THE CURRENT
PROCESS, WHICH MAY BE DOMINATED BY ONE POLITICAL PARTY, I
NEVERTHELESS HAVE ALWAYS RESPECTED THE PUBLIC SERVICE COMMISSION
FOR THEIR KNOWLEDGE AND EXPERTISE.
I AM CONCERNED THAT WE ARE GOING DOWN THE ROAD OF
TAKING BROAD APPOINTMENTS THAT REQUIRE LEGISLATIVE APPROVAL IN THE
SENATE AND STARTING TO CARVE UP THE MEMBERSHIP INTO SPECIAL INTEREST
GROUPS, IF YOU WILL. THE OBJECTIVE OF THE PUBLIC SERVICE COMMISSION
MEMBERSHIP WAS TO HAVE PEOPLE WHO -- AND I -- I'M SURE THE COLLEAGUE
-- MY COLLEAGUE AGREES WITH THIS, THE PURPOSE WAS TO HAVE
REPRESENTATIVES WHO DID NOT HAVE A PARTICULAR AXE TO GRIND, IF YOU WILL;
YET, THIS LEGISLATION SAYS THE ONLY WAY YOU CAN GET ON AS A CONSUMER
ADVOCATE IS IF YOU HAVE A HISTORY OF OPPOSING UTILITY COMPANIES. I DON'T
THINK WE SHOULD PUT A REQUIREMENT ON ANY APPOINTMENT THAT YOU WALK
INTO THE JOB WITH A HISTORY OF BEING PRO-UTILITY COMPANY OR A HISTORY OF
BEING ANTI-UTILITY COMPANY, IF YOU WILL, OR -- OR PRO-CONSUMER. I -- I
THINK WE WANT TO LOOK FOR THE PEOPLE THAT CAN MEET THIS FIDUCIARY
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NYS ASSEMBLY MAY 12, 2021
OBLIGATION IN THE BEST WAY TO PROTECT OUR UTILITY SYSTEM AND ENSURE THAT
WE ARE MOVING IN THE RIGHT DIRECTION. AND I THINK THE PUBLIC SERVICE
COMMISSION HAS A VERY HIGH LEVEL OF RESPECT BECAUSE THEY HAVE
BALANCED THOSE ISSUES WELL IN THE PAST.
AND SO I FIND MYSELF RELUCTANTLY AGREEING WITH THE
AUTHORITY OF OUR GOVERNOR TO SELECT THE PEOPLE HE THINKS ARE MOST
QUALIFIED IN THE BROADEST WAY, SUBJECT TO CONFIRMATION BY THE SENATE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 1199. 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. ALTHOUGH I WILL BE
VOTING AGAINST THIS LEGISLATION, I SUSPECT THAT MANY OF MY COLLEAGUES IN
THE REPUBLICAN CAUCUS WILL SUPPORT THAT. IT IS ALWAYS AN INTERESTING
CHALLENGE TO BALANCE THE NEEDS OF CONSUMERS WITH THE NEEDS OF
PROVIDERS. I THINK THE PUBLIC SERVICE COMMISSION IS DOING A GOOD JOB
AND I DON'T WANT IT SPLIT UP INTO SPECIAL INTEREST GROUPS, BUT I RECOGNIZE
THAT MANY OF MY COLLEAGUES MIGHT WANT TO HAVE A DESIGNATED CONSUMER
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NYS ASSEMBLY MAY 12, 2021
REPRESENTATIVE AS ONE OF THE FIVE PEOPLE. SO IT'S A FAST ROLL CALL, WHICH
MEANS THAT MY COLLEAGUES WILL BE RECORDED IN THE AFFIRMATIVE UNLESS
THEY CALL AND SAY OTHERWISE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. RA.
MR. RA: THANK YOU, MR. SPEAKER. I'M GOING TO BE
SUPPORTING THIS PIECE OF LEGISLATION. YOU KNOW, WE'VE SEEN ON LONG
ISLAND OVER THE LAST FEW YEARS, WHETHER IT WAS DEALING WITH PSEG WITH
THE STORMS LAST SUMMER OR SOMETHING THAT MANY OF US ARE FAMILIAR
WITH, NEW YORK AMERICAN WATER. THE PSC HAS NOT BEEN THERE TO
FULLY ADVOCATE FOR THOSE RATEPAYERS AND I THINK WE NEED TO DO MORE TO
ENSURE THAT THAT ENTITY IS PRO-CONSUMER AND PROTECTING CONSUMERS FROM
-- FROM SOME OF OUR UTILITIES.
YOU KNOW, THERE HAS BEEN THIS BILL BOUNCING AROUND
FOR A NUMBER OF YEARS HOW TO CREATE THIS OFFICE OF A CONSUMER ADVOCATE
WHICH -- WHICH UNFORTUNATELY, THE GOVERNOR HASN'T SEEN EYE TO EYE
WITH THE LEGISLATURE ON. BUT WE SHOULD CONTINUE TO BE HAVING
CONVERSATIONS LIKE THIS OR THAT BILL, SOMETHING TO HELP LEVEL THE PLAYING
FIELD TO MAKE SURE THAT THE PSC IS ACTING IN THE BEST INTEREST OF OUR -- OF
OUR CUSTOMERS. SO I THANK THE SPONSOR FOR BRINGING THIS FORWARD AND
CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. RA IN THE
AFFIRMATIVE.
MR. MONTESANO.
MR. MONTESANO: THANK YOU, MR. SPEAKER, ON
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NYS ASSEMBLY MAY 12, 2021
THE -- TO EXPLAIN MY VOTE. FIRST, THANKS TO THE SPONSOR OF THE BILL FOR
THIS VERY NECESSARY PIECE OF LEGISLATION. AND TO ECHO THE COMMENTS OF
MY COLLEAGUE FROM NASSAU COUNTY WHO JUST SPOKE, MY SENTIMENTS ARE
EXACTLY THE SAME. WE'VE SEEN SOME DISASTERS NOT ONLY IN NASSAU
COUNTY, BUT IN SUFFOLK COUNTY AND OTHER PLACES IN THE STATE. BUT THIS
BIG ISSUE WE HAVE BACK HOME WITH NEW YORK AMERICAN WATER, THE
PSC, YOU KNOW, HAD A LOT OF ISSUES WITH THE RATE INCREASES AND THERE'S
NO ONE TO SPEAK THE MIND OF THE CONSUMERS WHEN THEY HAVE THESE
HEARINGS. YOU HAVE NUMEROUS PEOPLE SHOW UP IN FAVOR OF THE UTILITIES
AND YOU'RE LUCKY IF YOU COULD GET ONE CONSUMER IN THERE, YOU KNOW, TO
OPPOSE. IT'S A VERY BURDENSOME PROCEDURE FOR THE AVERAGE PROPERTY
OWNER OR -- OR RATEPAYER TO WALK INTO A PSC HEARING AND MAKE
THEMSELVES HEARD AND UNDERSTAND THE MECHANICS OF WHAT'S GOING ON.
SO WHILE WE HAVE CONSUMER ADVOCATES FOR MANY OTHER
ISSUES, WE HAVE THEM ON A COUNTY LEVEL, WE HAVE THEM FOR ALL THE
REASONS, THIS IS ONE OF THE MOST IMPORTANT PLACES TO HAVE SOMEONE WITH
EXPERIENCE AS A CONSUMER ADVOCATE ON THERE. SO THE GOVERNOR'S HAD
HIS ISSUES WITH THE LEGISLATURE OF, YOU KNOW, THE PSC IS HIS BABY, HE
DOES WHAT HE WANTS TO DO WITH IT, SO UNFORTUNATELY NOW HE'S PUT THE
LEGISLATURE IN A POSITION TO MANDATE THAT ONE OF HIS APPOINTEES HAS TO
HAVE A CERTAIN BACKGROUND IN CONSUMER ADVOCACY, AND THAT'S THE WAY
IT'S GOING TO HAVE TO BE. SO IN SUPPORT OF THE BILL, I'LL BE VOTING IN THE
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. MONTESANO IN THE
AFFIRMATIVE.
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NYS ASSEMBLY MAY 12, 2021
MR. SALKA.
MR. SALKA: MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. SALKA: THANK YOU, SIR. I GUESS YOU HAVE TO
LOOK AT IT JUST BY VIRTUE OF THE FACT THAT NEW YORK STATE HAS SOME OF THE
HIGHEST UTILITY RATES IN THE COUNTRY AND YOU WOULD HAVE TO THINK THERE IS
AT LEAST SOME CONNECTION BETWEEN THE REGULATORY AGENCY THAT OVERSEES
OUR UTILITIES AND WHETHER OR NOT THERE'S A DIRECT OR INDIRECT CORRELATION
AS TO WHY WE ARE PAYING SOME OF THE HIGHEST RATES IN THE COUNTRY. I -- I
COMMEND THE SPONSOR ON THIS BILL AND IF THERE IS AN OPPORTUNITY TO
CREATE A BETTER REPRESENTATION FOR CONSUMERS ON ANY REGULATORY AGENCY
IN OUR STATE, IT WOULD BE SOMETHING THAT I WOULD ENDORSE
WHOLEHEARTEDLY. AND AGAIN, I WANT TO THANK THE SPONSOR AND I WILL BE
VOTING UP ON THIS BILL.
ACTING SPEAKER AUBRY: MR. SALKA EXPLAINING
THE BILL WILL VOTE IN THE AFFIRMATIVE.
MR. LAVINE.
MR. LAVINE: THANKS SO MUCH, MR. SPEAKER. THIS
IS REALLY A GOOD BILL. THOSE OF US WHO LIVE ON LONG ISLAND, AS MY
COLLEAGUES HAVE -- FROM LONG ISLAND HAVE MENTIONED, HAVE HAD SOME
DIFFICULT ENCOUNTERS WITH THE PUBLIC SERVICE COMMISSION OVER THE
COURSE OF THE LAST YEARS. AND THERE'S SOMETHING ELSE ON THE HORIZON
THAT MANY IN MY PART OF THE WORLD ARE NOT AWARE OF, AND THAT HAS TO DO
WITH THE PSC ON MARCH 18TH ORDERING LIPA TO IMPROVE THE POWER
SYSTEM ON LONG ISLAND TO ACCOMMODATE NEW MEGAWATTS, MANY
34
NYS ASSEMBLY MAY 12, 2021
HUNDREDS OF MEGAWATTS THAT ARE GOING TO BE GENERATED IN TERMS OF
POWER BY OFFSHORE WIND. NOW, THE $1.5 MILL -- I'M SORRY, $1.5 BILLION
WORTH OF IMPROVEMENTS HAS BEEN RULED BY PSC TO BE PAID BY THE
RATEPAYERS IN NASSAU, SUFFOLK, AND THE NEW YORK -- AND NEW YORK
CITY. THAT'S GOING TO INCREASE OUR BILLS SUBSTANTIALLY. THIS IS JUST
SOMETHING ON THE HORIZON. I THINK IT'S A GREAT IDEA TO BE ABLE TO HAVE AN
ACTUAL CITIZEN, AN ACTUAL CONSUMER, SOMEONE WHO UNDERSTANDS AND
APPRECIATES THE BOTTOM LINE EFFECT OF WHAT THE PUBLIC SERVICE
COMISSION DOES ON THE PUBLIC SERVICE COMMISSION. I WITHDRAW MY
REQUEST AND I VERY -- AND I'M VERY PLEASED TO VOTE IN THE AFFIRMATIVE FOR
THIS BILL. THANK YOU SO MUCH.
ACTING SPEAKER AUBRY: MR. LAVINE IN THE
AFFIRMATIVE.
MR. PALMESANO.
MR. PALMESANO: YES, MR. SPEAKER, TO BRIEFLY
EXPLAIN MY VOTE. WHILE I UNDERSTAND THE INTENTION BEHIND THIS
LEGISLATION, I REALLY DON'T THINK IT'S GOING TO MAKE A DIFFERENCE. A
NUMBER OF REASONS WHY IS RIGHT NOW THIS LEGISLATURE COULD BE TAKING
ACTION TO -- TO ADDRESS THIS ISSUE ITSELF. WE COLLECT OVER $1-PLUS BILLION
A YEAR IN TAXES, FEES, AND ASSESSMENTS AS PART OF OUR ENERGY BILLS FOR OUR
CUSTOMERS. THESE ARE GREEN PROJECTS. YOU KNOW, A TEMPORARY 18-A
SURCHARGE. WE TALKED ABOUT NET METERING, HOW IT SHIFTS COSTS TO
RATEPAYERS BECAUSE THEY REIMBURSE ALL THESE NET METERING FOR SOLAR
PROJECTS AND WIND PROJECTS AT THE RETAIL RATE AND THAT COST SHIFT FOR THE
TRANSMISSION AND DELIVERY, IT'S SHIFTED TO THE RATEPAYER. THOSE ARE
35
NYS ASSEMBLY MAY 12, 2021
THINGS THAT ARE -- WOULD BE -- MAKE AN IMPACT TO HELP THE RATEPAYERS.
YOU COULD HAVE SOMEONE ON THE COMMISSION, BUT THESE MANDATES THAT
ARE BEING PLACED ON THEM, THE BIG MANDATE OF THEM ALL WHICH PEOPLE
DON'T REALIZE IT'S GOING TO HIT THEM YET, BUT IT'S GOING TO HIT THEM LIKE A
TON OF BRICKS IS THE IMPLEMENTATION OF THE CLCPA WHICH IS GOING TO
INCREASE COSTS DRAMATICALLY, THE ESTIMATED IS $6- TO $8 BILLION ANNUALLY
IN COST TO IMPLEMENT THE CLCPA. TENS OF THOUSANDS OF DOLLARS TO
RETROFIT AND CONVERT BUILDINGS AND HOMES. THAT'S GOING TO HAVE A
SIGNIFICANT IMPACT ON RATEPAYERS.
SO WE CAN HAVE A CONSUMER ADVOCATE ON THERE, BUT IT'S
NOT GOING TO MAKE A DIFFERENCE BECAUSE THIS LEGISLATURE AND THIS
GOVERNOR KEEP -- CONTINUE TO PLACE MANDATES ON THE TAXPAYERS, THE
RESIDENTS, AND THE BUSINESSES OF THIS STATE. THAT'S WHY BUSINESSES ARE
LEAVING THE STATE AND THAT'S WHY MORE RESIDENTS ARE LEAVING THE STATE.
SO THAT'S MY REASONING. WE CAN DO A LOT BETTER IF WE REALLY WANT TO
MAKE AN IMPACT. THIS BILL IS NOT GOING TO MAKE THE IMPACT. IT SOUNDS
GOOD, BUT IT'S NOT GOING TO MAKE AN IMPACT TO REDUCE ANYONE'S
RESIDENTIAL OR COMMERCIAL UTILITY BILLS FOR OUR BUSINESSES, OUR FARMERS,
OUR SMALL BUSINESSES OR FAMILIES. THANK YOU.
ACTING SPEAKER AUBRY: MR. PALMESANO IN THE
NEGATIVE.
MS. GRIFFIN.
MS. GRIFFIN: THANK YOU FOR ALLOWING ME TO
EXPLAIN MY VOTE, MR. SPEAKER. I THANK THE SPONSOR FOR BRINGING THIS TO
THE FLOOR AND I AM PROUD TO COSPONSOR THIS BILL. CLEARLY, THE PSC HAS
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NYS ASSEMBLY MAY 12, 2021
NOT PUT THE CONSUMERS FIRST ON LONG ISLAND. THIS LEGISLATION PUTS THE
CONSUMERS FIRST AND IS A STEP IN THE RIGHT DIRECTION. THIS LEGISLATION
WILL -- WILL BENEFIT THE CONSUMER AND ALSO TREAT THE RATEPAYER MORE
FAIRLY. SO FOR THESE REASONS, I AM VERY, VERY PROUD TO VOTE IN THE
AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GRIFFIN IN THE
AFFIRMATIVE.
MR. TAGUE.
MR. TAGUE: THANK YOU, MR. SPEAKER. TO EXPLAIN
MY VOTE.
ACTING SPEAKER AUBRY: PROCEED.
MR. TAGUE: I JUST WANT TO FIRST OF ALL COMMEND THE
SPONSOR. LONG TIME IN COMING FROM SOMEBODY THAT COMES FROM THE
AGRICULTURAL WORLD. I HOPE THAT WITH THIS BILL BECOMES LAW THAT
SOMEONE FROM THE AGRICULTURE SECTOR PLAYS A PART WITH THESE RATES WITH
THE PSC. HOWEVER, I DO AGREE WITH MY COLLEAGUE THAT SPOKE A MINUTE
OR SO AGO, THERE ARE MANY OTHER THINGS THAT NEED TO BE DONE. BUT TODAY,
I THINK THIS BILL IS A GOOD START. AND WITH THAT, MR. -- MR. SPEAKER, I
WILL BE VOTING IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MR. TAGUE IN THE
AFFIRMATIVE.
MS. CRUZ TO CLOSE.
MS. CRUZ: MR. SPEAKER, THIS ISN'T THE FIRST TIME THAT
OUR LEGISLATURE PROVIDES GUIDANCE IN HOW TO FORM ONE OF THESE BODIES.
WE ROUTINELY REQUIRE SEVERAL MEMBERS FROM THE SENATE BE APPOINTED,
37
NYS ASSEMBLY MAY 12, 2021
SEVERAL MEMBERS FROM THE ASSEMBLY, SOME FROM THE EXECUTIVE; THIS
ISN'T THE FIRST TIME. AND THIS ISN'T ABOUT PUTTING SOMEONE WITH SPECIAL
INTERESTS ONTO THIS BODY. THIS IS ABOUT PUTTING SOMEONE WITH THE
INTEREST OF THE CONSUMER IN MIND WHEN THEY'RE MAKING DECISIONS,
SOMEONE WHO UNDERSTANDS WHAT OUR COLLEAGUES IN LONG ISLAND
DESCRIBED. SOMEONE WHO UNDERSTANDS THE NEEDS OF FARMERS, SOMEONE
WHO UNDERSTANDS THE NEEDS OF THE HOMEOWNERS, OF THE RENTERS, OF ALL OF
THE FOLKS WHO ARE FILING THE COMPLAINTS. WHEN THEY GO IN FRONT OF THIS
BODY, THIS BODY'S EXPERIENCE IS SKEWED. THERE IS NO ARGUMENT THAT IT IS
SKEWED TOWARD THE INTERESTS OF THE PRIVATE ENTITIES, OF THE BUSINESSES,
OF THE ELECTRIC COMPANIES, OF THE CABLE COMPANIES. NO ONE HAS THE
CONSUMER IN MIND FIRST WHEN THEY'RE MAKING THESE DECISIONS.
THIS IS A STEP IN THE RIGHT DIRECTION AND I WILL SAY I DO
AGREE WE -- WITH MY REPUBLICAN COLLEAGUE, THERE IS SO MUCH MORE THAT
WE NEED TO BE DOING, AND WE'RE GOING TO CONTINUE TO DO IT BECAUSE OUR
COMMUNITY, NEW YORKERS, CONSUMERS, DESERVE IT. AND I WILL BE
VOTING IN THE AFFIRMATIVE AND I HOPE MANY OF MY COLLEAGUES WILL JOIN
ME IN DOING THE SAME.
ACTING SPEAKER AUBRY: MS. CRUZ IN THE
AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR AN OPPORTUNITY TO EXPLAIN MY VOTE. I CERTAINLY WANT TO
JOIN MY COLLEAGUES IN THE CHAMBERS, AS WELL THOSE WHO ARE REMOTE,
THAT HAVE COMMENDED THE SPONSOR OF THIS LEGISLATION. THE PUBLIC
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NYS ASSEMBLY MAY 12, 2021
SERVICE COMMISSION'S ROLE IS -- IT'S REALLY TWOFOLD. IT'S GOVERNANCE AND
IT'S ABOUT BUSINESS, CLEARLY, BUT IT'S MORE IMPORTANTLY ABOUT THE
CONSUMER. AND SO THE THOUGHT THAT WE HAVE, YOU KNOW, SPENT THIS
AMOUNT OF TIME WITHOUT A CONSUMER PERSPECTIVE THERE IS A LITTLE
DISINGENUOUS AND I THINK IT'S TIME FOR US TO MOVE FORWARD WITH THAT.
AND I CERTAINLY DO APPRECIATE THE SPONSOR'S PUTTING THIS BEFORE US AND I
WOULD HOPE THAT EVERYONE WOULD UNDERSTAND THAT FOLKS ARE USING
UTILITIES ACROSS THE STATE OF NEW YORK ARE CONSUMERS, THEY ARE
RATEPAYERS AND THEY DESERVE TO BE HEARD AT THE TABLE ON A CONSISTENT
BASIS. SO AGAIN, I APPLAUD THE SPONSOR AND LOOK FORWARD TO VOTING IN
THE AFFIRMATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
MR. GOODELL FOR EXCEPTIONS.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES IN THE NEGATIVE: MR. ANGELINO, MR. DIPIETRO, MR.
FITZPATRICK, MR. FRIEND, MR. GALLAHAN, MR. LAWLER, MR. NORRIS AND MR.
PALMESANO. 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 20, CALENDAR NO. 267, THE CLERK WILL READ.
THE CLERK: SENATE NO. S01556, CALENDAR NO.
267, SENATOR PARKER (CAHILL--A06871). AN ACT TO AMEND THE PUBLIC
39
NYS ASSEMBLY MAY 12, 2021
SERVICE LAW, IN RELATION TO UTILITY MEMBERSHIP DUES USED FOR LOBBYING
ACTIVITIES.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. CAHILL.
MR. CAHILL: THANK YOU, MR. SPEAKER, AND
COLLEAGUES. THIS IS A VERY SIMPLE BILL. IT AMENDS THE PUBLIC SERVICE
LAW TO CLOSE A LOOPHOLE THAT WOULD CURRENTLY ALLOW UTILITY COMPANIES
TO CHARGE THEIR CUSTOMERS FOR THE COST OF MEMBERSHIP THROUGH TRADE
ASSOCIATION DUES THROUGH OTHER ORGANIZATION INSTITUTION CORPORATIONS
AND OTHER ENTITIES THAT STILL ENGAGE IN LEGISLATIVE LOBBYING IN VIOLATION
OF THE PUBLIC SERVICE LAW.
ACTING SPEAKER AUBRY: MR. PALMESANO.
MR. PALMESANO: YES, MR. SPEAKER, WILL THE
SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MR. CAHILL, WILL YOU
YIELD?
MR. CAHILL: WITH PLEASURE.
MR. PALMESANO: THANK YOU --
ACTING SPEAKER AUBRY: MR. CAHILL YIELDS.
MR. PALMESANO: -- MR. CAHILL.
CURRENTLY RIGHT NOW, MR. CAHILL, UNDER NEW YORK
STATE LAW, UTILITIES ARE PROHIBITED FROM RECOVERING FOR COSTS ASSOCIATED
WITH LOBBYING ACTIVITY UNDER THE CURRENT LAW, CORRECT?
MR. CAHILL: UTILITIES ARE PROHIBITED FROM WHAT,
PHIL? I COULDN'T CATCH THE END OF THAT.
40
NYS ASSEMBLY MAY 12, 2021
MR. PALMESANO: RIGHT NOW UNDER THE PUBLIC
SERVICE LAW 114-A, UTILITIES ARE PROHIBITED FROM RECOVERING THE COSTS
ASSOCIATED WITH LOBBYING ACTIVITY.
MR. CAHILL: THAT IS CORRECT.
MR. PALMESANO: IT'S CORRECT. AND THIS BILL
SPECIFICALLY DEALS WITH TRADE ASSOCIATION AND MEMBERSHIPS, CORRECT?
MR. CAHILL: YES.
MR. PALMESANO: AND WITH THESE TRADE
ASSOCIATION MEMBERSHIPS, AREN'T THEIR BENEFITS DERIVED THROUGH THE
UTILITY AND ALSO THE RATEPAYERS AND CONSUMERS FROM SOME OF THESE
MEMBERSHIPS THEY PROVIDE --
MR. CAHILL: THERE -- THERE VERY WELL MAY BE.
MR. PALMESANO: FOR EXAMPLE, LIKE I KNOW THE
EDISON INSTITUTE, EDISON ELECTRIC INSTITUTE, THEY DO A LOT FOR THEIR --
THEIR PARTNERSHIP WITH THE UTILITIES THAT --
MR. CAHILL: DID YOU SAY THE EDISON ELECTRIC
INSTITUTE?
MR. PALMESANO: EDISON ELECTRIC INSTITUTE WITH
LIKE COMPLIANCE INDUSTRY AND TRAINING AND -- AND OTHER SOURCES, YOU
KNOW, THESE TRADE ASSOCIATIONS ARE ALLOWED TO USE UTILITIES, THEY SHARE
BEST PRACTICES INCLUDING OPERATION, ENVIRONMENTAL, CYBER SECURITY BEST
PRACTICES, LIKE WHICH IS REALLY IMPORTANT GIVEN THE RECENT HACKING OF
THE COLONIAL PIPELINE WHICH PROVIDES A MAJOR SOURCE OF ENERGY SUPPLY
TO THE EAST COAST. OTHER -- OTHER BENEFITS FROM THIS IS BENCHMARKING
AND INFORMATION-SHARING, FACILITATION OF MUTUAL AID AND TO FOSTER STORE
41
NYS ASSEMBLY MAY 12, 2021
RESPONSE, THIS HAS ALL BEEN FOUND BY THE PSC TO HAVE AN OVERALL BENEFIT
TO THE CUSTOMERS, CORRECT?
MR. CAHILL: I GUESS IN SOME INSTANCES THAT IS TRUE.
MR. PALMESANO: SO THIS LEGISLATION WOULD ALSO
IMPACT ALL DUES PAID BY UTILITIES TO THESE ORGANIZATIONS THAT ENGAGE IN
ANY TYPE OF ADVOCACY, CORRECT?
MR. CAHILL: CORRECT.
MR. PALMESANO: SO FOR EXAMPLE, THEY -- THESE
UTILITIES MIGHT BE INVOLVED IN LOCAL CHAMBERS OF COMMERCES, THEY
MIGHT BE INVOLVED WITH SUPPORTING THE RED CROSS OR THE YMCA OR
HABITAT FOR HUMANITY, WHO DO ADVOCATE FOR ISSUES --
MR. CAHILL: AND THAT'S PERFECTLY, PHIL -- MR.
SPEAKER, THEY ARE PERFECTLY ALLOWED TO CONTINUE TO PARTICIPATE IN THOSE
ORGANIZATIONS. THEY CAN PAY 20 TIMES WHAT THEY'RE PAYING RIGHT NOW IF
THEY CHOOSE. THEY CAN DO ANYTHING THEY WANT WITH THOSE ORGANIZATIONS
EXCEPT FOR ONE THING UNDER THIS LAW, UNDER THE EXISTING LAW, THEY CAN'T
USE RATEPAYERS' MONEY TO LOBBY FOR ANYTHING. NOT GOING TO TALK ABOUT
THE RED CROSS, WE'RE NOT TALKING ABOUT THE CHAMBER OF COMMERCE IN
YOUR HOMETOWN, WE'RE TALKING ABOUT LEGISLATIVE LOBBYING AND THAT'S
WHAT IS ALREADY PROHIBITED. AND OUR UTILITIES HAVE TAKEN ADVANTAGE OF
A LOOPHOLE IN THE LAW TO -- TO USE TRADE ASSOCIATION DUES TO DO THAT
LOBBYING FOR THEM. AND NOT JUST THEIR LOBBYING, BUT THEY'VE USED TRADE
ASSOCIATION DUES TO CREATE THE ECHO CHAMBER TO THEIR LOBBYING.
SO ONE MEMO WE GOT FROM -- WAS FROM THE BUSINESS
COUNCIL. AND THE BUSINESS COUNCIL SAYS, OH, BUT WE ARGUE AGAINST ALL
42
NYS ASSEMBLY MAY 12, 2021
TAXES AND THAT HELPS RATEPAYERS. NO, THEY DON'T ARGUE AGAINST ALL TAXES,
THEY ARGUE AGAINST TAXES, EVEN THOSE THINGS THAT BENEFIT RATEPAYERS. SO
-- AND HOW -- HOW DOES THAT HAPPEN? WELL, YOU KNOW, WE HAD SOME
RENEWABLE ENERGY CHARGES ON THE BILL THAT WERE THEN USED TO FUND
RENEWABLE ENERGY PROJECTS THAT REDUCED THE OVERALL COST OF ELECTRICITY
FOR EVERYONE, BUT THEY LOBBIED AGAINST IT. WHAT THEY COULD HAVE DONE
INSTEAD IF THEY WEREN'T BEING PAID BY THE UTILITIES WAS SAY, GO AHEAD
AND CHARGE THAT ASSESSMENT BECAUSE IT HELPS EVERYONE, BUT DON'T LET
THAT ASSESSMENT BE PASSED THROUGH TO THE RATEPAYERS. LET IT BE
CHARGED TO THE SHAREHOLDERS. NO PROBLEM WITH THAT WHATSOEVER. FREE
SPEECH.
MR. PALMESANO: AND -- BUT THE UTILITIES DO BREAK
DOWN THE PORTION OF MEMBERSHIP DUES THAT ARE -- THE TRADE ASSOCIATION
USE AND THAT'S -- IN WHAT'S USED FOR LOBBYING AND THAT'S SEGREGATED OUT
BECAUSE THEY CAN'T CHARGE BACK THOSE FEES TO THE RATEPAYER AND THAT'S
SEGREGATED OUT AND THE PSC (INAUDIBLE) --
MR. CAHILL: OKAY.
MR. PALMESANO: -- IS THAT CORRECT?
MR. CAHILL: OKAY. MR. SPEAKER, WHAT THEY --
MADAM SPEAKER, WHAT THEY DO IS THEY ARE NOT ALLOWED WHATSOEVER TO
CHARGE LOBBYING COSTS AGAINST THEIR OPERATING COSTS THAT THEY WOULD
THEN GET REIMBURSED FROM RATEPAYERS. AND THEN THEY ARE TOLD TO
SEGREGATE THOSE PORTIONS OF DUES THAT ARE USED FOR LOBBYING PURPOSES
AND SUBTRACT THAT FROM THEIR OPERATING COST. BUT WHAT DO THEY DO?
THEY CALL EDISON ELECTRIC INSTITUTE AND THEY SAY, HEY, HOW MUCH OF
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NYS ASSEMBLY MAY 12, 2021
YOUR DUES GO TO LOBBYING? AND EDISON ELECTRIC INSTITUTE WITH NO
AUDITING WHATSOEVER SAYS, 16 PERCENT; 84 PERCENT OF WHAT WE DO ISN'T
LOBBYING. PLEASE, PLEASE, PLEASE TAKE A LOOK AT WHAT THE EDISON
INSTITUTE DOES. AT LEAST 50 PERCENT OF WHAT THEY DO IS LOBBYING.
LET'S TAKE THE AMERICAN GAS ASSOCIATION, THE
AMERICAN GAS ASSOCIATION THAT FOUGHT OUR FRACKING LAWS, THAT CONTINUE
TO FIGHT OUR CLEAN ENERGY LAWS, THAT, YOU KNOW, TEAMED UP WITH OTHERS
TO DO OTHER THINGS THAT WOULD ACTUALLY HARM OUR ENVIRONMENT. YOU
KNOW HOW MUCH THEY SAY THEY USE FOR LOBBYING? SIX PERCENT. AND
WHAT DO OUR UTILITIES DO? THEY TAKE THAT AMOUNT AND THEY PASS IT
THROUGH, 94 PERCENT OF WHAT THEY GIVE TO THE AMERICAN GAS
ASSOCIATION, WHAT THEY GIVE TO THE NUCLEAR ENERGY INSTITUTE, 84
PERCENT OF WHAT THEY GIVE TO THE EDISON ELECTRIC INSTITUTE.
MR. PALMESANO: SO -- MR. CAHILL, SO -- BUT THE
PSC HAS REVIEWED THIS, THEY CONTINUE TO REVIEW THIS, AND IF THEY --
THESE -- IF THESE ORGANIZATIONS THAT THEIR MEMBERSHIPS PARTS OF THEIR --
ARE PART OF, AND THEY SHOW IT AS A BENEFIT TO THE CUSTOMERS AND THAT'S
WHERE, ON THE MEMBERSHIP SIDE OF IT, THEY HAVE ALLOWED FOR THE
REIMBURSEMENT OR THE RECOVERY ON THAT IF IT'S A TRUE BENEFIT. AND WE
TALKED, AGAIN, ABOUT SOME OF THOSE AREAS. WITH THE -- AND AGAIN, LIKE
CYBER SECURITY PRACTICES, THE STORM, THE MUTUAL AID, THOSE ARE ALL THINGS.
AND NOW UNDER THIS BILL THEY WOULD NOT BE ABLE TO PARTICIPATE WITH
THOSE ORGANIZATIONS --
MR. CAHILL: NOT TRUE --
MR. PALMESANO: -- FROM A MEMBERSHIP
44
NYS ASSEMBLY MAY 12, 2021
PERSPECTIVE.
MR. CAHILL: THEY COULD CONTINUE TO PARTICIPATE.
AS I SAID, THEY COULD INCREASE THEIR CONTRIBUTION TO THOSE ORGANIZATIONS.
THEY COULD TRIPLE IT, QUADRUPLE IT. THEY COULD DO IT TEN TIMES. WHAT
THEY CAN'T DO IS CHARGE YOU AND ME AND MY MOM AND OTHER PEOPLE FOR
THEIR LOBBYING EFFORTS THAT THEY'RE USING THOSE TRADE ASSOCIATIONS FOR.
IT'S REALLY QUITE SIMPLE, THEY CAN CONTINUE TO DO IT, WHAT THEY CAN'T DO IS
CHARGE IT TO RATEPAYERS.
MR. PALMESANO: AND I KNOW IN YOUR -- IN YOUR
MEMO YOU'VE MENTIONED THAT THESE -- THESE TRADE ASSOCIATIONS ARE
LOBBYING AT BOTH THE STATE AND FEDERAL LEVEL FOR POLICIES THAT GOES
AGAINST THE INTERESTS OF TAXPAYER -- NEW YORK RATEPAYERS. I -- I KNOW
THAT WAS YOUR MEMO, BUT SOME OF THESE ORGANIZATIONS, I THINK YOU
MENTIONED ONE ORGANIZATION, THEY HAVE -- HAVE ADVOCATED ON BEHALF OF
THE RATEPAYER, LIKE THE 18-A SURCHARGES HAVE BEEN CONTINUED TO BE
EXTENDED, SALES TAX ON ESCOS, YOU KNOW, MANDATING PREVAILING WAGE
ON UTILITIES WHICH IS A SHIFT TO THE RATEPAYERS. SO IS THAT REALLY -- THAT
KIND OF COUNTERS YOUR ARGUMENT THAT IT GOES AGAINST THE INTEREST OF
RATEPAYERS. IT DOES BENEFIT --
MR. CAHILL: IT'S NOT --
MR. PALMESANO: IT DOESN'T HAVE AN IMPACT ON
RATEPAYERS, SOME OF THESE POLICIES THAT THESE GROUPS DO ADVOCATE FOR OR
AGAINST.
MR. CAHILL: MADAM SPEAKER, ASSEMBLYMAN
PALMESANO, IT'S NOT JUST THAT THEY ARE LOBBYING, IT IS HOW THEY ARE
45
NYS ASSEMBLY MAY 12, 2021
LOBBYING. IT IS HOW RATEPAYERS' MONEY IS BEING USED AGAINST THEM.
AND THAT'S ALL THIS BILL IS TRYING TO PREVENT. IT'S TRYING TO REINFORCE THE
LAW THAT ALREADY EXISTS, CLOSE THE LOOPHOLE THAT HAS BEEN USED THROUGH
SLOPPY ACCOUNTING, THROUGH NO ACCOUNTABILITY, THROUGH
MISCLASSIFICATION OF EXPENSES TO PREVENT UTILITIES FROM DOING WHAT
THEY'RE ALREADY, BY LAW, PROHIBITED FROM DOING.
MR. PALMESANO: SO YOU DON'T HAVE ANY FEAR THAT
THIS IS GOING TO DISCOURAGE OBVIOUSLY THESE ORGANIZATIONS THAT THEY
PARTICIPATE IN, THE LOCAL CHAMBERS OF COMMERCES, THE RED CROSSES, THE
YMCAS, WHO DO -- BECAUSE THOSE GROUPS ADVOCATE, THOSE GROUPS
TECHNICALLY LOBBY. NOW THEY WOULDN'T BE ABLE TO PROVIDE MEMBERSHIP
DUES FOR THOSE AND THEY WILL BE PROHIBITED FROM DOING THAT. WON'T THAT
DISCOURAGE THAT INVOLVEMENT IN THOSE LOCAL COMMUNITIES, THEN?
MR. CAHILL: UNDER EXISTING LAW, WITHOUT THIS LAW,
OUR UTILITIES ARE PROHIBITED FROM LOBBYING LEGISLATURES. THEY ARE
PROHIBITED FROM PASSING THAT ON TO RATEPAYERS. THEY CAN LOBBY, THEY
DO; I WAS ENERGY CHAIR FOR FOUR YEARS, TRUST ME, THEY MOVED INTO MY
OFFICE. BUT WHAT THEY CAN'T DO TO PASS IT ON TO RATEPAYERS. THEY CAN
CONTINUE TO DO THAT, I URGE THEM TO DO IT. I URGE THEM TO PARTICIPATE IN
ASSOCIATIONS. I URGE THEM TO HAVE THEIR VOICES HEARD. AND I THINK IF I
OWN SHARES OF STOCK IN CENTRAL HUDSON, THE UTILITY THAT SERVES ME THAT'S
OWNED BY A CANADIAN COMPANY, OR IF I OWN SHARES OF STOCK IN NYMO
THAT'S OWNED BY ANOTHER BRITISH UTILITY, OR ROCHESTER GAS & ELECTRIC
THAT'S OWNED BY A SPANISH UTILITY, OR NEW YORK GAS & ELECTRIC THAT'S
OWNED BY A SPANISH UTILITY, I WOULD WANT THEM TO GO AHEAD AND LOBBY
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NYS ASSEMBLY MAY 12, 2021
FOR THINGS THAT WORK FOR THE RATEPAYER, THAT'S GREAT. WHAT I DON'T WANT
TO DO IS PAY FOR IT AS A RATEPAYER. IF I WAS A SHAREHOLDER, HAVE AT IT. IF
IT'S GOING TO HELP ME AS A SHAREHOLDER, I WANT THEM TO DO IT. BUT A LOT
OF THOSE SHAREHOLDERS DON'T EVEN LIVE HERE, THEY LIVE IN CANADA, THEY
LIVE IN SPAIN, THEY LIVE IN ENGLAND. ONLY ONE UTILITY IS NATIVE, THAT'S
CON ED.
MR. PALMESANO: THANK YOU, MR. CAHILL, I
APPRECIATE YOUR TIME. I UNDERSTAND YOUR --
MR. SPEAKER, ON THE BILL -- OR MADAM SPEAKER, ON THE
BILL.
ACTING SPEAKER SILLITTI: ON THE BILL.
MR. PALMESANO: YES, LISTEN. I THINK I
UNDERSTAND THE INTENTION BEHIND THIS LEGISLATION, BUT THE FACT OF THE
MATTER IS RIGHT NOW, COSTS ASSOCIATED WITH LOBBYING ARE NOT RECOVERED
UNDER THE PUBLIC SERVICE LAW. I THINK THIS LEGISLATION REALLY GOES TO
THESE NON-LOBBYING ACTIVITIES. THESE TRADE ASSOCIATION MEMBERSHIPS
HAVE MANY BENEFITS TO CUSTOMERS. WE TALKED ABOUT THEM BEFORE, IT
ALLOWS UTILITIES TO SHARE BEST PRACTICES ON CYBER SECURITY AND, AGAIN,
WITH THE RECENT HACKING OF THE COLONIAL PIPELINE, WHICH IS A MAJOR
SUPPLIER OF ENERGY TO THE NORTHEAST, IT HELPS THEM. BEING A PART OF
THESE ASSOCIATIONS, IT HELPS THEM TO FACILITATE ACTIVITIES, CRITICAL
ACTIVITIES LIKE MUTUAL ASSISTANCE PROGRAMS WHERE THE MEMBERS SHARE
DISASTER RECOVERY RESOURCES FOR HOPEFULLY FAST RECOVERIES, AND LOWER
COSTS FOR CUSTOMERS. IT FACILITATES THE COORDINATION OF SHARING OF
EQUIPMENT AND HARD TO FIND TRANSFORMERS SOMETIMES.
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NYS ASSEMBLY MAY 12, 2021
I THINK ALSO I'M CONCERNED ABOUT THAT THIS IS GOING TO
HAVE A NEGATIVE IMPACT ON SOME OF THESE OTHER ASSOCIATIONS, AGAIN, YES,
LIKE THE RED CROSS, LIKE THE YMCA, LIKE THESE CHAMBERS OF
COMMERCE, BECAUSE THEY DO ADVOCACY ON OTHER ISSUES THAT HAVE
NOTHING TO DO WITH UTILITIES -- THESE UTILITIES PARTNER WITH THESE GROUPS.
IT COULD BE A HIT TO THEM AND A CONCERN TO THEM AND I THINK THAT'S
SOMETHING THAT WE NEED TO LOOK AT AS WELL, BECAUSE THESE ASSOCIATIONS
PROVIDE A BENEFIT, IT'S BEEN DETERMINED BY THE PUBLIC SERVICE
COMMISSION THAT THERE IS A BENEFIT TO THE CUSTOMERS AND THE RATEPAYERS
AND FROM THAT PERSPECTIVE, THEY ANALYZE THIS, THEY BREAK IT UP. THEY
HAVE TO DETERMINE IF IT'S APPROPRIATE OR NOT, AND THEN THOSE COSTS THAT
ARE APPROPRIATE ARE NOT THERE.
SO -- AND FROM THAT PERSPECTIVE, I'LL JUST CLOSE WITH
THIS. I UNDERSTAND THE CONCERN AND INTEREST FOR THE RATEPAYER, I SUPPORT
THAT, BUT I THINK WE -- THERE ARE A LOT MORE SUBSTANTIAL THINGS WE SHOULD
BE LOOKING AT AND DOING IT. WE TALKED ABOUT THIS. WE HAVE THE 18-A
SURCHARGE WHICH HAS BEEN ON OUR BILLS FOR YEARS, IT WAS SUPPOSED TO BE
TEMPORARY, OTHER TAXES, FEES, AND ASSESSMENTS --
ACTING SPEAKER AUBRY: ONE MINUTE. MR.
CAHILL, WHY DO YOU RISE?
MR. CAHILL: (INAUDIBLE).
ACTING SPEAKER AUBRY: MR. --
MR. PALMESANO: I WOULD LOVE TO YIELD. I'VE GOT A
COUPLE MINUTES AND THEN I'LL STAND UP AFTER. I'M ALMOST DONE.
ACTING SPEAKER AUBRY: MR. PALMESANO WILL
48
NYS ASSEMBLY MAY 12, 2021
NOT YIELD AT THE MOMENT.
MR. PALMESANO: NOT OUT OF DISRESPECT, I JUST
WANT TO FINISH MY COMMENT HERE AND THEN I'LL BE HAPPY TO YIELD, THANK
YOU.
OUR CURRENT BILLS RIGHT NOW, $1-PLUS BILLION ARE TAXES,
FEES, AND ASSESSMENTS ON OUR LOCAL UTILITY BILLS, YOU KNOW, FOR THE 18-A
SURCHARGE, FOR OTHER GREEN ENERGY PROJECTS THAT WE SEE OVER AND OVER
AGAIN THAT ARE RAISING BILLS AND WE DID A UTILITY ADVOCATE ON THE PSC,
BUT THIS IS A MANDATE THAT IS GOING TO BE ON OUR BILLS THAT OUR RATEPAYERS
ARE GOING TO BE PAYING. THIS IS SUBSTANTIAL. THESE ARE -- WE'RE TALKING
ABOUT SUBSTANTIAL DOLLARS. WE TALKED ABOUT THE NET METERING ISSUE
BEFORE WHERE THEY SHIFT THE COST TO THE RATEPAYERS BECAUSE THEY
REIMBURSE AT THE RETAIL RATE INSTEAD OF -- TO AVOID A COST RATE, WHICH IS
MORE OF THE SUPPLY ASPECT OF IT VERSUS THE TRANSPORTATION AND DELIVERY,
WHICH GETS PASSED ON THE RATEPAYERS BECAUSE THIS LEGISLATURE CONTINUES
TO PASS ON THESE MANDATES AND SHIFT THESE COSTS.
I TALKED ABOUT THE CLCPA EARLIER. IF WE WANT TO DO
SOMETHING SIGNIFICANTLY, THEN WE SHOULD BE DOING A FULL COST-BENEFIT
ANALYSIS OF THE CLCPA AND GET A TRUE FINANCIAL IMPACT OF WHAT THAT'S
GOING TO COST OUR RATEPAYERS, OUR BUSINESSES. WE KNOW IT'S GOING TO
COST BILLIONS OF DOLLARS ANNUALLY TO COMPLY WITH THE MANDATES OF THE
CLCPA AS THEY MOVE FORWARD. THE RETROFIT COSTS FOR -- FOR BUSINESSES,
FOR MANUFACTURERS, FOR HOMES TO CONVERT THEIR -- THEIR HOUSES OR
BUILDINGS OVER IS GOING TO BE TENS OF THOUSANDS OF DOLLARS ON FAMILIES.
THESE ARE THINGS THAT ARE GOING TO HAVE A DIRECT IMPACT, MAJOR IMPACT
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NYS ASSEMBLY MAY 12, 2021
ON OUR RATEPAYERS AND OUR CUSTOMERS, AND WE SHOULD BE LOOKING FOR --
NOT TO PUT FORTH PROPOSALS THAT ARE GOING TO -- HAVE BEEN REPORTED THAT
COULD INCREASE GAS PRICES SIGNIFICANTLY AND HOME HEATING COSTS
SIGNIFICANTLY. THERE IS SO MUCH MORE WE COULD BE DOING AS A BODY
HERE THAT WOULD ACTUALLY IMPACT WHAT'S GOING ON AND IMPACTING THE
RATEPAYERS, BUT NO, THIS BODY AND THIS GOVERNOR CONTINUES TO ADVANCE
POLICIES THEY SAY IS GOOD, BUT IT'S GOING TO HAVE A DRAMATIC IMPACT AND
HAS HAD A DRAMATIC IMPACT ON WHAT OUR RATEPAYERS ARE PAYING NOW.
AGAIN, ALREADY OVER $1-PLUS BILLION ANNUALLY. AND WITH THE
IMPLEMENTATION OF THE CLCPA, IT'S GOING TO BE MUCH, MUCH, MUCH
MORE. AND SOME OTHER PROPOSALS THAT HAVE BEEN INTRODUCED THAT ARE
OUT THERE, MUCH, MUCH MORE.
SO THIS IS NOT GOING TO MAKE AN IMPACT, I THINK IT'S
MORE OF AN ACTION TO TRY TO SAY THAT THEY WANT TO TRY TO MAKE AN IMPACT,
BUT IT'S NOT. AND THESE TRADE ASSOCIATIONS, THESE GROUPS, AGAIN, THEY
HELP COORDINATE ACTIVITIES WITH OTHER GROUPS TO HELP FOR THOSE THINGS
THAT I TALKED ABOUT, AGAIN, FROM STORM RECOVERY, MUTUAL AID ASSURANCE,
CYBER SECURITY, THOSE ARE ALL IMPORTANT THINGS THAT BENEFIT THE -- NOT JUST
THE UTILITY, IT BENEFITS THE CUSTOMER AND THE RATEPAYER AND THAT'S WHY THE
PSC HAS RULED THOSE ARE JUSTIFIABLE UNDER THOSE CIRCUMSTANCES IF IT'S A
BENEFIT TO THE CUSTOMER.
SO THAT'S WHY FOR THOSE REASONS I'M GOING TO BE NO, BUT
I HAVE ABOUT 30 SECONDS, KEVIN, IF YOU WANT TO ASK ME A QUESTION, I'LL
TRY MY BEST.
ACTING SPEAKER AUBRY: MR. CAHILL?
50
NYS ASSEMBLY MAY 12, 2021
MR. CAHILL: THANK YOU, MR. SPEAKER.
ASSEMBLYMAN PALMESANO, YOU MENTIONED THE -- THE CYBER SECURITY
ISSUE AND GAS PIPELINES AND, QUITE FRANKLY, I SPENT A COUPLE OF NIGHTS
THIS WEEK COMBING OBVIOUSLY JUST THE INTERNET, LOOKING TO SEE WHERE
THE AMERICAN GAS ASSOCIATION OR THE EDISON ELECTRIC INSTITUTE OR ANY
OF THOSE HAVE BEEN LOBBYING OVER THE PAST COUPLE OF YEARS TO IMPROVE
CYBER SECURITY. I COULDN'T FIND ANYTHING. DO YOU HAVE SOMETHING
ALONG THOSE LINES?
MR. PALMESANO: JUST GIVEN THE ASPECT OF THESE
ARE AREAS THAT THEY COULD BE. I DON'T HAVE SOMETHING SPECIFIC THEY CAN
DO, BUT OBVIOUSLY WITH THOSE (INAUDIBLE) SOME OF THE THINGS THEY CAN
LOOK AT AND ACT ON AND I THINK THAT'S SOMETHING WE ALL SHOULD BE DOING
--
ACTING SPEAKER AUBRY: UNFORTUNATELY, MR.
PALMESANO, YOU HAVE RUN OUT OF OUR TIME.
MR. PALMESANO: I'D BE HAPPY TO TALK TO YOU
AFTER.
ACTING SPEAKER AUBRY: YOU'RE NOT ABLE TO
ANSWER MR. CAHILL'S QUESTION.
MR. MANKTELOW.
MR. MANKTELOW: THANK YOU. THANK YOU, MR.
SPEAKER. WOULD THE SPONSOR YIELD FOR ONE OR TWO QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: MR. CAHILL, WILL YOU
YIELD?
MR. CAHILL: WITH PLEASURE, MR. --
51
NYS ASSEMBLY MAY 12, 2021
ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.
CAHILL YIELDS, SIR.
MR. MANKTELOW: THANK YOU, MR. CAHILL, JUST A
QUESTION OR TWO. EARLIER YOU SAID IN THE PREVIOUS DEBATE THAT YOU THINK
THE COSTS SHOULD BE SHARED BY THE SHAREHOLDERS, CORRECT? SO -- SO TELL
ME HOW THAT WOULD WORK.
MR. CAHILL: WELL, LET -- LET ME ANSWER YOUR
QUESTION. WHAT I SAID IS THAT IF THE UTILITY WISHES TO PARTICIPATE IN THE
TRADE ASSOCIATIONS, THEY ARE FREE TO DO SO. THEY ONLY -- THE ONLY THING
THIS BILL SAYS IS LIKE THE PUBLIC SERVICE LAW ALREADY SAYS, THAT THEY
CAN'T CHARGE IT AGAINST THE RATEPAYERS.
MR. MANKTELOW: OKAY. AND DID I HEAR YOU
RIGHT WHEN YOU SAID THAT THE SHAREHOLDERS COULD COVER THAT COST, WAS
THAT --
MR. CAHILL: THAT'S EXISTING LAW AND THIS DOESN'T
CHANGE THAT, YES.
MR. MANKTELOW: OKAY. SO MAYBE YOU CAN HELP
ME OUT HERE A LITTLE BIT, MAYBE I'M MISSING SOMETHING. SO LET'S SAY I'M
THE SHAREHOLDER. LET'S SAY YOU'RE THE COMPANY, I'M THE SHAREHOLDER.
YOU'RE OFFERING UP STOCK, I'M GOING TO BUY $100,000 WORTH OF YOUR
STOCK. I'M A RETIRED GUY AND THAT'S MY SAVINGS, AND HERE'S $100,000.
SO WHEN YOU BUY STOCK, YOU GET QUARTERLY DIVIDENDS EVERY QUARTER
FROM THE COMPANY, OR HOPEFULLY YOU DO.
MR. CAHILL: YES.
MR. MANKTELOW: SO LET'S SAY I GET THOSE
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NYS ASSEMBLY MAY 12, 2021
QUARTERLY DIVIDENDS AND NOW I'M RECEIVING THEM, NOW I'M GOING TO USE
SOME OF THAT MONEY TO COVER THE COSTS OF A LOBBYIST; WOULD THAT BE
ACCEPTABLE?
MR. CAHILL: ABSOLUTELY.
MR. MANKTELOW: BUT WHEN THE COMPANY PAYS
FOR MY DIVIDEND, IS THAT NOT TAX -- OR RATEPAYERS' MONEY?
MR. CAHILL: NO, IT'S -- IT IS -- ACTUALLY, THEY SUBMIT
TO THE PUBLIC SERVICE COMMISSION HOW MUCH THEY WOULD LIKE TO PAY IN
DIVIDENDS TO THEIR SHAREHOLDERS AND THE PUBLIC SERVICE COMMISSION
APPROVES THAT, AS WELL.
MR. MANKTELOW: WELL, I UNDERSTAND THAT AND I
AGREE WITH THAT.
MR. CAHILL: THEY'RE -- THEY'RE CALLED ABOVE THE
LINE OR BELOW THE LINE EXPENSES, AND IT'S VERY INTERESTING HOW UTILITIES
HAVE TREATED IT BECAUSE SOMETIMES THEY'LL TREAT AN ASSOCIATION AS AN
ABOVE THE LINE EXPENSE, AND SOMETIMES THEY'LL TREAT IT AS A BELOW THE
LINE EXPENSE, AND IT'S REALLY -- AND WHEN THEY GO BELOW THE LINE, THEY --
WHAT THEY MIGHT DO IS SUBTRACT OUT THAT 6 PERCENT THAT THE AMERICAN
GAS ASSOCIATION SAYS, BUT IF IT'S ABOVE THE LINE, IT DOESN'T ENTER INTO THE
RATE EQUATION WHATSOEVER, IT'S DEDUCTED FROM THE VERY BEGINNING.
MR. MANKTELOW: OKAY. BUT -- BUT STILL, DOESN'T
-- DOESN'T THE DOLLARS COME FROM THE -- THE RATEPAYERS?
MR. CAHILL: EVERY DOLLAR THAT UTILITIES MAKE COME
FROM EITHER THE RATEPAYERS OR THEIR INVESTMENTS.
MR. MANKTELOW: OKAY. SO -- BUT IT IS A
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NYS ASSEMBLY MAY 12, 2021
POSSIBILITY THAT SOME OF THAT MONEY COMING TO ME AS A SHAREHOLDER
COULD BE COMING FROM A RATEPAYER?
MR. CAHILL: CORRECT.
MR. MANKTELOW: THAT'S MY POINT --
MR. CAHILL: ABSOLUTELY. BUT LET'S NOT CONFUSE THAT
THIS IS JUST COMING OUT OF A DIFFERENT POCKET. WHEN YOU GO BEFORE THE
PUBLIC SERVICE COMMISSION, YOU SAY -- LET'S JUST OVER SIMPLIFY IT. YOU
SAY, HERE ARE THE FIVE THINGS THAT CONTRIBUTE TO HOW MUCH WE WANT TO
CHARGE $10 FOR. THIS ONE IS $2, EACH ONE IS $2. NONE OF THOSE $2 CAN
BE LOBBYING EXPENSES. IF THEY SAY, HERE ARE THE SIX THINGS WE WANT TO
CHARGE OUR CUSTOMERS $2 FOR AND IT ADDS UP TO $12 AND TWO OF THOSE
DOLLARS IS LOBBYING, PUBLIC SERVICE COMMISSION SAYS, GREAT; YOU CAN
CHARGE $10 NOT $12.
MR. MANKTELOW: ALL RIGHT. I UNDERSTAND THAT. I
THINK THAT I STILL BELIEVE THAT THE MAJORITY OF THE MONEY IS GOING TO
COME FROM THE TAXPAYER -- OR THE -- THE RATEPAYER NO MATTER WHAT. I
MEAN, AS YOU JUST SAID, IT COULD BE DONE THIS WAY OR DONE THAT WAY.
AND I DON'T DISAGREE WITH THE SHAREHOLDERS COVERING THE COST OF THAT, I
DON'T DISAGREE WITH THAT, BUT I THINK THAT SHAREHOLDERS' MONEY IS
PROBABLY COMING FROM THE RATEPAYERS.
MR. CAHILL: IT IS NOT -- ACTUALLY, NO, BY LAW AND BY
REGULATORY PROCESS, IT IS NOT.
MR. MANKTELOW: OKAY. WELL, I APPRECIATE YOUR
TIME AND I'M ACTUALLY ON THE FENCE ON THIS BILL.
MR. CAHILL: THANK YOU, MR. MANKTELOW.
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NYS ASSEMBLY MAY 12, 2021
MR. MANKTELOW: THANK YOU, SIR.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: OUR RULES IN THE ASSEMBLY REQUIRE
THAT THE TITLE OF EVERY BILL STATE BRIEFLY THE SUBJECT OF THE BILL. AND THE
TITLE OF THIS BILL SAYS THAT IT RELATES TO UTILITY MEMBERSHIP DUES BEING
USED FOR LOBBYING ACTIVITIES. IN REALITY, THIS BILL BANS UTILITY
MEMBERSHIP DUES FROM BEING USED TO SUPPORT ANY ORGANIZATION THAT
MAY ENGAGE IN LOBBYING. AS THE SPONSOR WAS VERY CLEAR, AND I
APPRECIATE HIS COMMENTS, CURRENT LAW PROHIBITS UTILITY COMPANIES FROM
CHARGING RATEPAYERS ANYTHING FOR LOBBYING ACTIVITIES; THAT IS ALREADY NOT
ALLOWED. IF I UNDERSTAND THE SPONSOR CORRECTLY, HIS CONCERN IS THAT THE
ALLOCATION BETWEEN LOBBYING ACTIVITIES AND NON-LOBBYING ACTIVITIES OF
SOME OF THESE MEMBERSHIP ORGANIZATIONS IS NOT ACCURATE. BUT THAT'S ALL
WITHIN THE CURRENT JURISDICTION OF THE PUBLIC SERVICE COMMISSION. SO
IF HE HAS A CONCERN WITH THE WAY THE PUBLIC SERVICE COMMISSION IS
REVIEWING IT, THE REMEDY IS NOT TO CHANGE THE LAW, IT'S TO GET THE PUBLIC
SERVICE COMMISSION TO LOOK AT IT MORE CAREFULLY.
SO WHAT IS THE PROBLEM, THEN, WITH THIS LEGISLATION?
WELL, THERE'S A LOT OF ORGANIZATIONS THAT HELP US AS LEGISLATORS BY
PROVIDING US WITH INFORMATION WITH A PERSPECTIVE THAT WE MIGHT NOT
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NYS ASSEMBLY MAY 12, 2021
NECESSARILY KNOW ABOUT THAT GIVE US A VIEW FROM THE INDUSTRY THAT
GIVES US RELEVANT FACTS. AND WHAT THIS BILL SAYS IS UTILITY COMPANIES
CANNOT CONTRIBUTE ANY MONEY AND GET REIMBURSED BY THE RATEPAYERS FOR
ANY ORGANIZATION THAT MIGHT BE ENGAGED IN LOBBYING EVEN THOUGH THEIR
FUNDING OF THAT ORGANIZATION, VERY CLEARLY, IS NOT REIMBURSED BY THE
RATEPAYERS FOR ANY OF THAT LOBBYING. AND WE KNOW THAT THERE ARE A
NUMBER OF ORGANIZATIONS THAT PROVIDE VALUABLE SERVICES TO ITS
MEMBERSHIP. AS AN ATTORNEY, I APPRECIATE THE SERVICES I GET THROUGH
THE NEW YORK STATE BAR ASSOCIATION, FOR EXAMPLE. AND I WILL ASSURE
YOU THAT I DON'T ALWAYS AGREE WITH THEIR POSITIONS ON BILLS, BUT I
APPRECIATE READING THEM. AND AS YOU KNOW, THERE'S A NUMBER OF OTHER
MEMBERSHIP ORGANIZATIONS, RIGHT, WHERE WE APPRECIATE THEIR VIEWS
WHETHER WE AGREE WITH THEM OR NOT. AND AS THE SPONSOR
ACKNOWLEDGED, THE REASON WHY WE WANT TO BAN ANY REIMBURSEMENT TO
UTILITY COMPANIES FOR MEMBERSHIP DUES FOR NON-LOBBYING EFFORTS IS
BECAUSE SOMETIMES THE ORGANIZATIONS THEY SUPPORT DON'T AGREE WITH A
PARTICULAR POLITICAL PERSPECTIVE. THAT'S A DANGEROUS PATH, ISN'T IT? IF
YOU LIKE WHO YOU'RE SUPPORTING, THEN YOU CAN INCLUDE IT IN YOUR RATE
BASE, AND IF WE DON'T LIKE WHAT THE ORGANIZATION MIGHT SAY IN AN
UNREIMBURSABLE LOBBYING ACTIVITY, THEN WE WON'T SUPPORT YOU AND WE
WON'T LET YOU EVEN CONTRIBUTE.
AS MY COLLEAGUE -- AS MY FORMER COLLEAGUE -- CURRENT
COLLEAGUE, THE FORMER SPEAKER, THE RANKER ON ENERGY, NOTED A LOT OF
THESE MEMBERSHIP ORGANIZATIONS ARE EXTRAORDINARILY HELPFUL TO UTILITY
COMPANIES AND TO THEIR CUSTOMERS, BY HELPING THEM, HELPING THEM TO
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NYS ASSEMBLY MAY 12, 2021
UNDERSTAND AND COMPLY WITH ALL THE REGULATORY REQUIREMENTS WE KEEP
ADDING, HELP THEM TO UNDERSTAND AND COMPLY WITH MAINTENANCE
REQUIREMENTS AND COORDINATE MUTUAL AID AND BE UP TO SPEED ON ALL THE
REQUIREMENTS FOR PERSONNEL AND ALL THE OTHER REQUIREMENTS,
ENVIRONMENTAL COMPLIANCE AND EVERYTHING ELSE. AS MY COLLEAGUE, THE
SPONSOR, NOTED, SOME OF THESE ORGANIZATIONS' BUDGETS HAVE A RELATIVELY
SMALL PERCENTAGE OF THEIR OVERALL BUDGET THAT'S REPORTED FOR LOBBYING, 6
PERCENT IN ONE CASE, 16 PERCENT IN ANOTHER AS I RECALL. SO WHAT WE'RE
SAYING IS 100 PERCENT OF A UTILITY'S DUES TO A MEMBERSHIP ORGANIZATION
CAN NO LONGER BE REIMBURSED EVEN THOUGH 94 PERCENT OF THAT
ORGANIZATION'S BUDGET IS UNRELATED TO LOBBYING.
UNFORTUNATELY, THE TITLE I THINK IS MISLEADING BECAUSE
IT DOESN'T RELATE TO UTILITY MEMBERSHIP DUES BEING USED FOR LOBBYING
ACTIVITIES, THAT'S ALREADY ILLEGAL. WHAT IT REALLY DOES IS IT RELATES TO
UTILITY MEMBERSHIP DUES USED FOR ANY ORGANIZATION THAT ENGAGES IN ANY
LOBBYING EFFORT NO MATTER HOW SMALL OR INSIGNIFICANT IN ITS BUDGET,
WHICH WOULD MEAN UTILITY COMPANIES CANNOT CONTRIBUTE TO THE NEW
YORK STATE BUSINESS COUNCIL BECAUSE THEY DO A LITTLE BIT OF LOBBYING,
OR TO ANY OF THE OTHER ORGANIZATIONS THAT HAVE A BROADER PERSPECTIVE
THAN JUST LOBBYING SIMPLY BECAUSE SOME PORTION, NO MATTER HOW SMALL,
OF THEIR BUDGET IS RELATED TO LOBBYING AND IT'S ALREADY EXCLUDED FROM
REIMBURSEMENT. BECAUSE I THINK THIS BILL GOES TOO FAR, I'LL BE
RECOMMENDING AGAINST IT TO MY COLLEAGUES. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. CAHILL ON THE
BILL.
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NYS ASSEMBLY MAY 12, 2021
MR. CAHILL: THANK YOU, MR. SPEAKER. I'D LIKE TO
JUST REMIND EVERYBODY THAT IT IS ALREADY ILLEGAL FOR UTILITIES, OUR
MONOPOLY UTILITIES IN NEW YORK STATE, TO CHARGE RATEPAYERS FOR
LOBBYING ACTIVITIES. IT HAS BEEN ILLEGAL FOR SOME TIME AND IT'S A GOOD
LAW AND I THINK MOST OF US HERE SUPPORT THAT CONCEPT. I THINK MOST OF
US AGREE THAT OUR RATEPAYER MONEY SHOULD NOT BE USED BY OUR UTILITIES
TO LOBBY US. IF THEY WANT TO LOBBY US, LET THEM TAKE IT FROM PROFITS. LET
THEM TAKE IT FROM SOME PART THAT IS NOT PART OF THE RATE THAT THEY CAN
CAPTURE AND RECOVER FROM THEIR RATEPAYERS. IF YOU'RE AGAINST THAT, THEN
-- THEN FINE, THEN THAT'S YOUR PREROGATIVE. THIS BILL DOESN'T CREATE THAT
PROHIBITION. THIS CLOSES A LOOPHOLE THAT HAS MADE THIS PROHIBITION
VIRTUALLY IMPOSSIBLE TO ENFORCE.
QUESTIONS WERE RAISED ABOUT THE RED CROSS, QUESTIONS
WERE RAISED ABOUT -- I DON'T KNOW IF SOMEBODY ACTUALLY SAID IT, BUT THE
LITTLE LEAGUE. AND I KNOW, I GO TO LITTLE LEAGUE GAMES AND THERE'S A NICE
BANNER ON THE SIDE OF THE FENCE AND IT SAYS, LIKE A GOOD NEIGHBOR,
CENTRAL HUDSON IS HERE; IT'S NOT REALLY WHAT IT SAYS, BUT IT SAYS
SOMETHING LIKE THAT, AND, SPONSORED BY CENTRAL HUDSON, MY UTILITY. IT
DOESN'T SAY SPONSORED BY THE RATEPAYERS OF CENTRAL HUDSON, IT SAYS,
SPONSORED BY CENTRAL HUDSON. SO THERE'S A CHECK BOX ON MOST UTILITY
BILLS AND IT SAYS, DO YOU WANT TO HELP YOUR NEIGHBORS, DO YOU WANT TO
PAY THEIR UTILITY BILLS, HOW MUCH DO YOU WANT TO SPEND TO PAY YOUR
NEIGHBOR'S UTILITY BILLS. WE'LL PUT IT IN THIS FUND, WE'LL USE IT FOR THAT
PURPOSE. THAT'S WHEN A RATEPAYERS MAKES A DECISION ABOUT HOW THEY
WANT THEIR RATE TO BE USED AND HOW THEY WANT THEIR MONEY TO BE USED.
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NYS ASSEMBLY MAY 12, 2021
BUT IF I DON'T LIKE WHAT MY UTILITY IS LOBBYING FOR OR IF I DON'T LIKE WHAT
THAT UTILITY IS USING TRADE ASSOCIATIONS TO LOBBY FOR, I'M POWERLESS IF I
CAN'T FIND OUT, IF I CAN'T TRACE THAT MONEY BACK. AND IT IS ABSOLUTELY
TRUE THAT ADVOCATES BEFORE THE PUBLIC SERVICE COMMISSION CAN MAKE
THE CASE THAT THE ACCOUNTING BY THE UTILITIES IS INACCURATE. BUT THE
UTILITIES THEMSELVES CLAIM IGNORANCE. THEY SAY, THIS IS THE NUMBER
THEY GAVE US, WHAT ARE WE SUPPOSED TO DO? GO AUDIT THE EDISON
INSTITUTE? ARE WE SUPPOSED TO AUDIT THE AMERICAN GAS ASSOCIATION TO
SEE HOW MUCH OF THEIR MONEY THEY'RE USING TO OPPOSE CLIMATE CHANGE
LEGISLATION, TO SUPPORT FRACKING, TO AVOID LAWS THAT WOULD CREATE
SUNSHINE OVER THEIR BOOKS, TO FIGHT NET METERING? HOW MUCH ARE THEY
USING THEIR RESOURCES TO OPPOSE ROOFTOP SOLAR, HOW MUCH ARE THEY
USING TO FIGHT TAXES ON PROFITS, HOW MUCH ARE THEY USING TO CLASSIFY
COAL AND ALL THE FOSSIL FUELS AS CLEAN? HOW MUCH ARE THEY USING TO
MANIPULATE THE TRANSMISSION AND THE DISTRIBUTION SYSTEM TO MAKE IT
MORE EXPENSIVE FOR CONSUMERS? HOW MUCH ARE THEY USING TO LOBBY TO
SUPPORT EARNINGS FOR THEIR SHAREHOLDERS OVER LOWER RATES FOR THEIR
CUSTOMERS? I DIDN'T MAKE ANY OF THOSE EXAMPLES UP. THOSE ARE ALL
THINGS THAT THESE INSTITUTIONS ARE DOING AND NOT NECESSARILY ASSERTING
THEM AS LOBBYING EXPENSES.
SO WHAT THIS IS ABOUT IS SUNSHINE. THIS IS ABOUT
ACCOUNTABILITY. THIS IS ABOUT MAKING SURE WHEN WE HAVE A LAW IN
PLACE THAT IT HAS SOME TEETH. ON THE LAST BILL WE HAD UP HERE, IT WAS
ABOUT PUTTING A CONSUMER ADVOCATE OR SOMEBODY WHO KNEW THAT SIDE
OF THE EQUATION ON THE PUBLIC SERVICE COMMISSION. TEN YEARS AGO
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NYS ASSEMBLY MAY 12, 2021
BEFORE THE CURRENT GOVERNOR BECAME GOVERNOR, THAT WOULDN'T HAVE
BEEN NECESSARY BECAUSE WE HAD A GROUP CALLED THE UTILITY INTERVENTION
UNIT IN OUR CONSUMER BUREAU IN NEW YORK STATE. BUT THIS GOVERNOR
DISBANDED THAT UNIT. THAT UNIT WAS ALLOWED TO TAKE THE PUBLIC SERVICE
COMMISSION TO COURT. THEY STILL EXIST AS A SHADOW OF THEMSELVES, AND
WHAT CAN THEY DO? THEY CAN GO TO THE PUBLIC SERVICE COMMISSION AND
SAY, PRETTY PLEASE. THAT'S ABOUT WHAT THEY'RE REDUCED TO.
SO WHAT THIS ASSURES IS THAT IF A UTILITY WANTS TO HIDE
THEIR LOBBYING EXPENSES IN ORGANIZATIONAL DUES, THAT CAN NO LONGER BE
THE CASE. IF THERE HAD BEEN MORE RESPONSIBILITY ON THE PART OF THE
UTILITIES TO DELVE A LITTLE DEEPER, TO BE A LITTLE MORE HONEST ABOUT IT, TO
ASSURE THAT WE RATEPAYERS WERE NOT PAYING FOR THEIR FANCIFUL FLIGHTS,
MAYBE THIS BILL WOULDN'T BE NECESSARY. IF I COULD PICK A DIFFERENT
UTILITY BECAUSE I DIDN'T LIKE WHAT THEY WERE DOING, MAYBE THIS BILL
WOULDN'T BE NECESSARY. BUT THOSE ARE HYPOTHETICALS THAT ARE ACTUALLY
NONEXISTENT, AND THAT IS WHY THIS BILL IS NECESSARY. AND, MR. SPEAKER, I
WOULD URGE EACH AND EVERY ONE OF MY COLLEAGUES TO SUPPORT THEIR
RATEPAYERS, TO SUPPORT THEIR DOMESTIC RATEPAYERS WHO LIVE IN THIS STATE
AND VOTE IN SUPPORT OF THIS LEGISLATION.
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 1556. 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
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NYS ASSEMBLY MAY 12, 2021
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION, BUT THOSE WHO
SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO WE CAN
RECORD YOUR VOTE PROPERLY. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY THE ONE THAT'S ALWAYS
SUPPORTING CONSUMERS WILL BE IN SUPPORT OF THIS ONE; HOWEVER, SHOULD
THERE BE COLLEAGUES DESIRING TO BE AN EXCEPTION, THEY CAN CONTACT THE
MAJORITY LEADER'S OFFICE AND WE'LL BE HAPPY TO RECORD YOUR VOTE.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES OF MINE IN THE AFFIRMATIVE: MR. MONTESANO, MR.
RA, AND MR. WALCZYK. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 22, CALENDAR NO. 294, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02206, CALENDAR NO.
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NYS ASSEMBLY MAY 12, 2021
294, BARRETT, SEAWRIGHT, DINOWITZ, DE LA ROSA, WEPRIN, REYES,
LAVINE, QUART, BRONSON, GOTTFRIED, GLICK, RODRIGUEZ, SIMON, OTIS,
GRIFFIN, GALEF, JACKSON, SILLITTI, BICHOTTE HERMELYN, BURDICK. AN ACT
TO ESTABLISH A TASK FORCE TO EXPLORE THE EFFECTS OF CYBER-BULLYING IN
NEW YORK STATE AND POTENTIAL MEASURES TO ADDRESS SUCH EFFECTS; AND
PROVIDING FOR THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION
THEREOF.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MRS. BARRETT, WILL
YOU YIELD?
MRS. BARRETT: YES, I WILL, THANK YOU.
ACTING SPEAKER AUBRY: MRS. BARRETT YIELDS,
SIR.
MR. GOODELL: THANK YOU VERY MUCH, MRS.
BARRETT. I SEE THIS TASK FORCE THAT DEALS WITH CYBER-BULLYING HAS NINE
MEMBERS, AND A MAJORITY OF THE MEMBERS, FIVE ARE APPOINTED BY THE
GOVERNOR AND THEN TWO EACH FROM THE SENATE MAJORITY AND TWO FROM
THE ASSEMBLY MAJORITY. IS THERE A REASON WHY THERE'S NOT A SINGLE
APPOINTMENT FROM THE REPUBLICAN CONFERENCE THAT REPRESENTS ROUGHLY
45 PERCENT OF THE ENTIRE STATE?
MRS. BARRETT: MR. GOODELL, AS FAR AS I
UNDERSTAND THIS BILL, IT SAYS THAT THERE ARE FIVE MEMBERS APPOINTED BY
THE GOVERNOR, TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF
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NYS ASSEMBLY MAY 12, 2021
THE SENATE AND TWO MEMBERS APPOINTED BY THE SPEAKER OF THE
ASSEMBLY. AND SINCE CYBER-BULLYING IS NOT A PARTISAN ISSUE AND THESE
ARE THE LEADERS OF THESE TWO BODIES, I DON'T REALLY INTERPRET THIS AS
LEAVING OUT THE MINORITY. I THINK WE HAVE REPRESENTATION FROM BOTH
LEGISLATIVE HOUSES AND THE GOVERNOR.
MR. GOODELL: SO MY QUESTION AGAIN IS WHY DO
WE NOT HAVE AN APPOINTMENT FROM THE MINORITY LEADERS IN EACH HOUSE,
AS WELL?
MRS. BARRETT: BECAUSE ELECTIONS HAVE
CONSEQUENCES?
MR. GOODELL: THANK YOU.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: YOU KNOW, WHEN I SAW THAT THERE
WAS NO REPUBLICAN REPRESENTATION OR APPOINTMENTS FROM ANY OF THE
REPUBLICAN MINORITY ON A TASK FORCE TO DO A COMPREHENSIVE STUDY ON
THE EFFECTS OF CYBER-BULLYING, MY FIRST REACTION WAS MAYBE
CYBER-BULLYING IS LIMITED TO DEMOCRAT DISTRICTS, BECAUSE OBVIOUSLY THE
SPONSOR DOESN'T CARE ABOUT REPRESENTATION FROM THE 30 PERCENT OF THE --
OF THE STATE THAT'S REPRESENTED BY REPUBLICANS. NOW I UNDERSTAND THAT
ELECTIONS HAVE CONSEQUENCES AND IN MY DISTRICT, IT WAS A REPUBLICAN
ASSEMBLYMAN AND A REPUBLICAN SENATOR THAT WAS ELECTED, NOT A
DEMOCRAT ASSEMBLYMAN, THERE HAVE BEEN MANY WHO HAVE TRIED, AND IN
THE PAST WE'VE HAD SOME VERY FINE DEMOCRAT ASSEMBLYMEMBERS FROM
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NYS ASSEMBLY MAY 12, 2021
MY DISTRICT. BUT IF WE REALLY WANT TO HAVE AN EFFECTIVE COMMITTEE THAT
LOOKS AT THE ENTIRE STATE, NOT JUST DEMOCRAT DISTRICTS, BUT THE ENTIRE
STATE, THEN WE OUGHT TO HAVE A REPRESENTATIVE, AT LEAST ONE
REPRESENTATIVE, APPOINTED BY THE MINORITY LEADERS IN THE SENATE AND
THE ASSEMBLY.
AND IS THERE ANY MAGIC ABOUT A COMMISSION THAT HAS
NINE MEMBERS? WHAT, WE CAN'T HAVE ONE WITH 11? THAT'S TOO
UNWIELDY? IT'D BE NICE TO HAVE A LITTLE BIT OF RESPECT FOR THE FACT THAT
MILLIONS OF NEW YORKERS ARE REPRESENTED HERE IN THE ASSEMBLY AND IN
THE SENATE BY A REPUBLICAN LEGISLATOR AND WE ARE ALSO CONCERNED ABOUT
CYBER-BULLYING. THANK YOU, SIR.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
(PAUSE)
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 2206. 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. REILLY TO EXPLAIN HIS VOTE.
MR. REILLY: THANK YOU, MR. SPEAKER. TO EXPLAIN
MY VOTE. I COMMEND THE SPONSOR ON THIS. I THINK THIS IS A WORTHY
CAUSE, CYBER-BULLYING. I HOPE THAT THE TASK FORCE WILL TAKE INTO ACCOUNT
SOME IMPLICATION FROM THE SCHOOL RESOURCE OFFICERS IN OUR SCHOOLS WHO
HAVE FIRST CONTACT WITH STUDENTS, TEACHERS, AND FAMILIES AND THEY
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NYS ASSEMBLY MAY 12, 2021
COUNSEL STUDENTS IN REGARDS TO CYBER-BULLYING AND HELP DIGITAL
CITIZENSHIP. THAT'S VERY IMPORTANT, ESPECIALLY HERE WE ARE IN POLICE
WEEK AND WE HAD THE POLICE MEMORIAL IN D.C. THREE HUNDRED AND
NINETY-FOUR POLICE OFFICERS HAVE DIED IN THE LINE OF DUTY IN 2020, 182 OF
THEM FROM COVID. SO IT'S -- I'M GLAD THAT WE'RE ABLE TO ACKNOWLEDGE
THEM, BUT I ALSO WANT TO MAKE SURE THAT WE PUT LAW ENFORCEMENT IN THE
SCHOOLS TO TALK ABOUT THIS, NOT NECESSARILY FOR SOME CRIMINAL ACTIVITY,
BUT MORE OF COUNSELING AND MORE OF BUILDING RELATIONSHIPS.
SO I WILL GLADLY SUPPORT THIS LEGISLATION AND I
COMMEND THE SPONSOR ONCE AGAIN. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR. MR.
REILLY IN THE AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU SO MUCH, MR.
SPEAKER. I WANT TO COMMEND MY COLLEAGUE FOR THIS PIECE OF
LEGISLATION, AS WELL. OF RECENT, WITHIN I WOULD SAY AT LEAST THE LAST
THREE WEEKS, I'VE HEARD OF YOUNG PEOPLE WHO LITERALLY COMMITTED
SUICIDE BECAUSE THEY WERE CYBER-BULLIED. AND I GUARANTEE YOU,
BECAUSE THEY WEREN'T OLD ENOUGH TO BE REGISTERED, NEITHER ONE OF THEM
WERE DEMOCRAT OR REPUBLICAN. THIS IS AN ISSUE THAT NEEDS TO BE DEALT
WITH AND IT HAS NOTHING TO DO WITH PARTISANSHIP. SO THANK YOU VERY
MUCH TO THE SPONSOR OF THIS LEGISLATION.
AND I ASSURE MY COLLEAGUES ACROSS THE AISLE THAT THIS
ISSUE CONCERNS EVERYBODY, WHETHER YOU'RE IN URBAN AREAS, RURAL AREAS,
SUBURBAN AREAS OR, QUITE FRANKLY, IN THE MIDDLE OF MIDTOWN, NEW YORK
65
NYS ASSEMBLY MAY 12, 2021
CITY. IT IS AN ISSUE THAT CONCERNS US ALL AND THE WAY MY COLLEAGUE IS
SUGGESTING THAT IT BE DEALT WITH IS A PROPER WAY TO DO IT AND AT LEAST A
START, AND I HOPE THAT SHE'S -- THE TASK FORCE IS SUCCESSFUL AND I HOPE
THAT THEY WOULD TAKE THE RECOMMENDATIONS THAT HAVE BEEN MADE HERE
ON THE FLOOR, BECAUSE THERE ARE ANY NUMBER OF PEOPLE ACROSS THIS STATE
WHO ARE ENGAGED IN TRYING TO DEAL WITH THIS AS AN ISSUE AS WE SPEAK.
AND AS LEGISLATORS WHO HAVE BEEN ELECTED, WHETHER BY REPUBLICANS OR
DEMOCRATS, WE HAVE A RESPONSIBILITY TO BEGIN DEALING WITH IT. SO
AGAIN, I THANK THE SPONSOR AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
IN THE AFFIRMATIVE.
MR. MANKTELOW TO EXPLAIN HIS VOTE.
MR. MANKTELOW: THANK YOU, MR. SPEAKER. I
WASN'T GOING TO, BUT I JUST -- I JUST WANT TO SAY A FEW WORDS. HAVING
DEALT WITH CYBER-BULLYING FIRSTHAND IN MY FAMILY AND BACK IN MY
DISTRICT, CYBER-BULLYING AS -- AS WE HEARD FROM THE SPONSOR JUST A LITTLE
WHILE AGO, THAT ELECTIONS HAVE CONSEQUENCES. CYBER-BULLYING HAS
CONSEQUENCES AND ANYTHING THAT WE CAN DO IN THIS CHAMBER TO PROTECT
OUR CHILDREN, OUR FAMILY MEMBERS FROM CYBER-BULLYING SHOULD BE TAKEN
TO THE FULL EXTENT. IT SHOULDN'T MATTER WHETHER WE HAVE A D, AN R, AN I
BEHIND OUR NAME. WHAT SHOULD MATTER IS WHO WE REPRESENT IN OUR
DISTRICTS AND MAKING SURE OUR DISTRICTS ARE REPRESENTED HERE.
AND AS MY COLLEAGUE SAID, WE IN THE MINORITY, WE
SHOULD HAVE A SEAT AT THAT TABLE, ABSOLUTELY, BECAUSE LIKE IT OR NOT WHEN
SOMEBODY CALLS MY OFFICE OR A FAMILY MEMBER, I DON'T ASK IF THEY'RE A
66
NYS ASSEMBLY MAY 12, 2021
DEMOCRAT, REPUBLICAN, INDEPENDENT, NON-PARTY; HOW CAN I HELP YOU?
AND THE EXPERIENCE THAT I HAVE COULD BE READILY USED FOR THIS TASK FORCE
AND WHY OUR LEADERS DON'T HAVE AN APPOINTMENT, I HAVE NO IDEA. AND
IF THIS IS TRULY ABOUT ELECTIONS, THEN WE'RE NOT DOING THE WILL OF THE
PEOPLE FOR THIS STATE.
I'M GOING TO SUPPORT THIS BECAUSE I THINK IT'S IN THE
RIGHT MOVE. I REALLY WANT TO VOTE NO ON THIS BECAUSE WE DON'T HAVE A
SEAT AT THAT TABLE, BUT BECAUSE OF THE PEOPLE I REPRESENT, BECAUSE OF THE
YOUNG PEOPLE THAT I'VE SEEN HAVE THEIR LIVES DESTROYED BECAUSE OF
CYBER-BULLYING, I'M GOING TO SUPPORT THIS BECAUSE IT IS A MOVE IN THE
RIGHT DIRECTION. AND I DON'T CARE IF IT CAME FROM THE MAJORITY SIDE OR
THE MINORITY SIDE, I'M GOING TO SUPPORT THIS BILL FOR THAT REASON. SO
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. MANKTELOW IN
THE AFFIRMATIVE.
EXCEPTIONS?
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES OF MINE IN THE NEGATIVE ON THIS LEGISLATION: MR.
BYRNE, MR. DIPIETRO, AND MR. FRIEND. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04112, CALENDAR NO.
309, THIELE, COOK, GALEF, SANTABARBARA, ZEBROWSKI, MCDONOUGH,
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NYS ASSEMBLY MAY 12, 2021
ROZIC, L. ROSENTHAL, BARRON, OTIS. AN ACT TO AMEND THE GENERAL
BUSINESS LAW, IN RELATION TO ZONE PRICING OF GASOLINE, AND TO AMEND
CHAPTER 579 OF THE LAWS OF 2008, AMENDING THE GENERAL BUSINESS
LAW RELATING TO ZONE PRICING FOR RETAIL MOTOR FUEL BASED ON GEOGRAPHIC
LOCATION.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MR. THIELE, WILL YOU
YIELD?
MR. THIELE: I WILL, THANK YOU.
MR. GOODELL: SO MR. THIELE, I JUST WANT TO MAKE
SURE THAT I UNDERSTAND THIS. IF I UNDERSTAND THIS BILL CORRECTLY, WHAT IT
SAYS IS THAT WHEN IT COMES TO THE SALE OF GASOLINE, THE SUPPLIER CAN ONLY
CHARGE ONE PRICE EQUAL TO THE TERMINAL PRICE PLUS THE COST OF
TRANSPORTATION, IS THAT CORRECT?
MR. THIELE: I -- I WOULDN'T SAY ONE PRICE BECAUSE
THE WAY THE DEFINITION READS IS THE TERMINAL PRICE PLUS THE DIGITAL COST,
WHICH MEAN ALL REPLACEMENT COSTS, TRANSPORTATION COSTS, AND TAXES.
AND, YOU KNOW, SO WHAT YOU CAN'T DO IS CHARGE A PRICE BASED SOLELY ON
GEOGRAPHY WITH NO RELATIONSHIP TO THOSE COSTS. SO I CAN FORESEE THAT
WITHIN THE RELEVANT GEOGRAPHIC MARKET THERE MAY BE DIFFERENCES IN
COSTS THAT WOULD NECESSITATE DIFFERENCES IN PRICES, BUT THEY HAVE TO BE
RELATED TO THOSE COSTS. IT CAN'T BE ARBITRARY AND JUST BE BASED ON THE
GEOGRAPHIC LOCATION.
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NYS ASSEMBLY MAY 12, 2021
MR. GOODELL: SO WHAT THIS BILL WOULD THEN DO IS
PROHIBIT BY LAW CHARGING A DIFFERENT PRICE BASED ON COMPETITIVE MARKET
PRICES AND INSTEAD WOULD FOCUS ONLY ON PRICING BASED ON GEOGRAPHY, IS
THAT CORRECT?
MR. THIELE: WELL, I WOULD LOOK AT IT EXACTLY JUST
THE OPPOSITE. IT BASICALLY SAYS YOU CAN'T SET THE PRICE BASED ON
GEOGRAPHY, BUT IT HAS TO BE SET ON LEGITIMATE MARKET FORCES AND THAT IS
THE COSTS ASSOCIATED WITH SELLING A GALLON OF GASOLINE. SO YOU KNOW,
THIS IS A -- A PRO-MARKET BILL. YOU KNOW, LET COSTS AND SUPPLY AND
DEMAND TAKE ITS COURSE. WHAT WE DON'T WANT TO SEE IS THAT IN PLACES
WHERE THERE MIGHT NOT BE AS MUCH COMPETITION, OR SUCH AS A
COMMUNITY WHERE I LIVE WHERE YOU'VE GOT, YOU KNOW, IT'S A SEASONAL
COMMUNITY, A LOT OF TOURISM WHERE SUDDENLY THE PRICES GET JACKED UP
IN THE SUMMERTIME, OR IN RURAL AREAS OR POOR AREAS WHERE THERE MAY NOT
BE A LOT OF COMPETITION WHERE PRICES ARE BEING FIXED BECAUSE THERE ISN'T
ENOUGH COMPETITION AND IT'S NOT RELATED TO THE COST.
SO YOU KNOW, THE BILL IS REALLY FOCUSED ON PREVENTING
THE ARBITRARY SETTING OF PRICES BASED SOLELY ON YOUR LOCATION. BUT IT
CERTAINLY, AND WHAT IT ATTEMPTS TO FOSTER IS THE SETTING OF PRICES BASED
ON LEGITIMATE ECONOMIC FACTORS, WHETHER IT BE TAXES, TRANSPORTATION, THE
COST AT THE TERMINAL, RENTALS, RENTAL PRICE OR PROPERTY VALUES, ALL OF THOSE
THINGS THAT GO INTO A -- A -- THE COST OF A GALLON OF GASOLINE.
MR. GOODELL: THANK YOU, MR. THIELE.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
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NYS ASSEMBLY MAY 12, 2021
GOODELL.
MR. GOODELL: I APPRECIATE MY COLLEAGUE'S
COMMENTS AND I THINK HE AND I HAVE THE SAME UNDERSTANDING OF THE
BILL. WHAT THE BILL SAYS IS THAT A TERMINAL THAT SUPPLIES GASOLINE, THAT
COMPANY CAN ONLY CHARGE A PRICE BASED ON THE TERMINAL PRICE, PRICE
PICKING IT UP AT THE TERMINAL PLUS THE COST OF DELIVERY AND OTHER RELATED
EXPENSES. AND THAT DIFFERS FROM THE CURRENT SYSTEM BECAUSE UNDER THE
CURRENT SYSTEM THE PRICE FOR GASOLINE IS BASED ON MARKET COMPETITIVE
PRESSURES, NOT SIMPLY ON ONE-PRICE-FITS-ALL.
AND SO WHAT YOU'LL SEE IS THAT IN A GEOGRAPHIC AREA
WHERE THERE'S COMPETITION, THE GASOLINE COMPANY THAT MIGHT HAVE A
TERMINAL FURTHER AWAY ACTUALLY CHARGES LESS FOR THE GASOLINE TO OFFSET
THE COST OF TRANSPORTATION SO THAT IT CAN BE COMPETITIVE IN ANOTHER
MARKET AGAINST ANOTHER SUPPLIER WHO MAY HAVE A TERMINAL THAT'S CLOSER.
AND SO THE CURRENT SYSTEM FOSTERS COMPETITION ON PRICE, AND IT FOSTERS
COMPETITION ON PRICE BY ALLOWING DISTRIBUTORS TO ACTUALLY CUT THE COST
IN ORDER TO BE COMPETITIVE SOMEWHERE ELSE.
AND WHAT THIS BILL WOULD DO, UNFORTUNATELY, MANY
ECONOMISTS HAVE COME TO THE CONCLUSION WHAT THIS BILL WOULD DO IS
ACTUALLY RAISE PRICES, AND HERE'S WHY. LET'S SAY YOU HAVE A TERMINAL
THAT'S CLOSER TO A PARTICULAR POPULATION, THEN YOU'RE A COMPETITOR. YOU
NOW KNOW THAT YOUR COMPETITOR CAN'T MATCH YOUR PRICE, BECAUSE IT'S
ILLEGAL UNDER THIS BILL FOR YOUR COMPETITOR TO CUT THE COST TO MATCH YOU.
AND SO WHAT DO YOU DO? WELL, NOBODY IN BUSINESS LEAVES MONEY ON
THE TABLE. AND SO WHAT HAPPENS IS THE CLOSEST DISTRIBUTOR WILL RAISE ITS
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NYS ASSEMBLY MAY 12, 2021
PRICE BECAUSE IT CAN RAISE ITS PRICE AND MAKE MORE MONEY BECAUSE ITS
COMPETITOR, UNDER THIS BILL, CANNOT REDUCE ITS PRICE. AND SO ECONOMISTS
WHO HAVE LOOKED AT THIS, MANY OF THEM AT LEAST, IN THE INDUSTRY, HAS
COME TO THE CONCLUSION THAT THIS BILL, WHILE WELL INTENDED, WOULD RESULT
IN MUCH HIGHER GASOLINE PRICES FOR MANY RESIDENTS COMPARED TO OTHERS.
AND FOR THAT REASON I DON'T SUPPORT IT ANYMORE THAN I
SUPPORT ANY OTHER PRICE SETTING MECHANISM FOR ANY OTHER GOODS THAT WE
NEED. WE DON'T REQUIRE THE SUPPLIERS OF APPLES TO HAVE ONE TWICE. YOU
KNOW, THE BOND PRICE PLUS TRANSPORTATION. NO. WHETHER IT'S MEAT,
PRODUCE, VEGETABLES, WHETHER IT'S CLOTHING OR ANY OTHER CONSUMER GOOD,
WE RELY ON THE COMPETITIVE PRESSURES OF THE MARKET TO GIVE US THE
HIGHEST QUALITY AT THE BEST PRICE. AND THERE'S NO REASON THAT WE SHOULD
ENFORCE A PRICING MECHANISM THAT MAKES IT IMPOSSIBLE FOR A DISTRIBUTOR
OF GASOLINE TO REDUCE THE PRICE OF THE GASOLINE TO OFFSET THE
TRANSPORTATION DIFFERENCES SO THAT THEY CAN BE COMPETITIVE ANYMORE
THAN WE SHOULD SAY TO AMAZON, YOU CAN'T OFFER FREE SHIPPING. SO LET'S
LET THE MARKET WORK. IT WORKS BEST WHEN WE FOSTER COMPETITION AND
NOT BY STATUTE REGULATE PRICING. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 4112. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE POSITION
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NYS ASSEMBLY MAY 12, 2021
IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS
PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. THOSE WHO
SUPPORT IT SHOULD CONTACT THE MINORITY LEADER'S OFFICE SO WE CAN
PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. THE MAJORITY CONFERENCE IS IN SUPPORT OF THIS LEGISLATION.
THOSE DESIRING TO BE AN EXCEPTION SHOULD FEEL FREE TO CONTACT THE
MAJORITY LEADER'S OFFICE. WE'LL BE HAPPY TO RECORD YOUR VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES IN THE AFFIRMATIVE IN ADDITION TO THOSE WHO HAVE
VOTED ON THE FLOOR: PLEASE RECORD MR. GANDOLFO, MR. MCDONOUGH, MS.
MILLER, MR. SCHMITT, AND MR. WALCZYK IN THE AFFIRMATIVE. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES, DO WE HAVE ANY EXCEPTIONS?
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD RECORD OUR COLLEAGUE MS. GRIFFIN IN THE NEGATIVE ON THIS ONE.
ACTING SPEAKER AUBRY: THANK YOU VERY
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NYS ASSEMBLY MAY 12, 2021
MUCH.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE HAVE BOTH. FIRST
THE RESOLUTIONS [SIC].
ON A MOTION BY MR. DINOWITZ, PAGE 15, CALENDAR NO.
179, BILL NO. A01423-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. EPSTEIN, PAGE 23, CALENDAR NO.
297, BILL NO. A03112-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A PRIVILEGED RESOLUTION NO. 297, THE CLERK WILL
READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 297, MS.
LUPARDO.
LEGISLATIVE RESOLUTION CELEBRATING THE LIFE AND
ACCOMPLISHMENTS OF DR. MICHAEL THONNEY.
ACTING SPEAKER AUBRY: MR. LEMONDES ON THE
RESOLUTION.
MR. LEMONDES: THANK YOU, MR. SPEAKER, AND
THANK YOU TO THE SPONSOR FOR ADVANCING THIS RESOLUTION. THIS RESOLUTION
IS IN COMMEMORATION OF THE LIFE AND COMMUNITY SERVICE OF DR.
MICHAEL THONNEY OF ITHACA, NEW YORK, PROFESSOR OF THE CORNELL
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NYS ASSEMBLY MAY 12, 2021
COLLEGE OF AGRICULTURE AND LIFE SCIENCES, WHO PASSED AWAY ON APRIL
23RD AT THE AGE OF 71. HE WAS ONE OF THOSE COMMUNITY PILLARS WHO
MADE A DIFFERENCE OF DISTINCTION IN HIS LIFE.
IF YOU'LL ALLOW ME TO SHARE A LITTLE ABOUT HIM. MIKE,
AS HE PREFERRED TO BE CALLED, WAS ONE OF THOSE RARE INDIVIDUALS WHO
DEMONSTRATED SELFLESS SERVICE IN EVERY ASPECT OF HIS LIFE, TEACHING,
ADVOCATING FOR CAUSES HE BELIEVED IN, MENTORING, ET CETERA. IF HE WAS
INVOLVED, HIS PRESENCE WAS KNOWN, AND IT WAS ALWAYS POSITIVE AND
WITH INVALUABLE CONTRIBUTIONS. HE WAS HUMOROUS IN A WAY THAT COULD
CATCH YOU OFF GUARD, SOMETIMES SEVERAL MINUTES AFTER THE EXCHANGE
TOOK PLACE. I ALWAYS ENJOYED LISTENING TO HIM. AND IN SUPPORT OF
FARMERS LIKE MYSELF FROM ALL OVER NEW YORK STATE, HE NEVER REFUSED A
CALL FOR ADVICE. I, LIKE SO MANY OTHERS, CALLED HIM MANY TIMES OVER THE
YEARS AS WE BEGAN OUR OWN FARMS AND STRUGGLED THROUGH THE CHALLENGES
OF DOING SO.
PROFESSIONALLY HE WAS A PROFESSOR OF ANIMAL SCIENCE
AT CORNELL SINCE 1988 AND PERSONALLY DIRECTED THE CORNELL SHEEP
PROGRAM SINCE 1998, MANAGING A THREE TO 500-EWE FLOCK UNDER THE
CORNELL STAR ACCELERATED LAMBING SYSTEM, WHICH IS ONE OF THE MOST
SIGNIFICANT ADVANCEMENTS IN SHEEP HUSBANDRY IN THE NATION. HE SERVED
AS HIS DEPARTMENT'S ALTERNATE SENATOR FOR BOTH THE UNIVERSITY AND
FACULTY SENATES, AND WAS THE DIRECTOR OF GRADUATE STUDIES FOR THE
CROSS-DEPARTMENTAL FIELD OF ANIMAL SCIENCE SINCE 2013, BUT WAS
OTHERWISE APOLITICAL, WHICH I REALLY ADMIRED. WHENEVER WE SPOKE, IT
WAS ABOUT OUR INDUSTRY AND HOW TO IMPROVE IT. HE WAS COMMITTED TO
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NYS ASSEMBLY MAY 12, 2021
THE VIABILITY OF SMALL LIVESTOCK FARMS. HE WAS INSTRUMENTAL IN THE
REORGANIZATION OF THE CORNELL SHEEP RESEARCH BLOCK AFTER THE 2016
REDUCTION, AND ESTABLISHED AN ON-CAMPUS STUDENT OPERATED SHEEP DAIRY
FACILITY, INITIALLY WITH HIS OWN FUNDS, AS AN INDICATOR OF HIS
COMMITMENT TO AGRICULTURE, HIS PROFESSION AND STUDENTS, AND HE ALSO
MANAGED THE LISTSERV FOR OUR INDUSTRY GROUP, WHICH WAS ALWAYS FULL OF
INVALUABLE INFORMATION, ADVICE AND TIPS.
IN SHORT, HE WAS AN EXTRAORDINARY, PATIENT EDUCATOR
WHO HAS TAUGHT INNUMERABLE AGRICULTURAL STUDENTS THROUGHOUT HIS
CAREER, RESULTING IN A MUCH MORE VIBRANT, SMALL RUMINANT INDUSTRY IN
NEW YORK STATE. THEREFORE, WITH DEEP RESPECT AND ADMIRATION AND ON
BEHALF ALL WHO KNEW HIM, AND IN RECOGNITION OF THE VALUE OF HIS
PROFESSIONAL CONTRIBUTIONS TO CORNELL UNIVERSITY, NEW YORK STATE
AGRICULTURAL, AND THE SMALL RUMINANT INDUSTRY NATIONALLY ACROSS THE
USA, THANK YOU FOR ALL YOU'VE DONE FOR SO MANY AND FOR SO LONG.
FAREWELL, MIKE. MAY GOD LEAD YOU TO GREENER PASTURES, AND MAY HIS
FAMILY ACCEPT OUR DEEPEST CONDOLENCES. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
MRS. PEOPLES-STOKES, WE HAVE --
MRS. PEOPLES-STOKES: MR. SPEAKER, I NOW
MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL THURSDAY, MAY THE
13TH, TOMORROW BEING A LEGISLATIVE DAY --
ACTING SPEAKER AUBRY: ONE MINUTE, MRS.
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NYS ASSEMBLY MAY 12, 2021
PEOPLES-STOKES.
WE STILL HAVE NUMEROUS OTHER RESOLUTIONS, WE'LL 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. 292-296
WERE UNANIMOUSLY APPROVED.)
I'M SORRY, MRS. PEOPLES-STOKES. PROCEED.
MRS. PEOPLES-STOKES: THANK YOU, SIR. I MOVE
THAT THE ASSEMBLY STAND ADJOURNED UNTIL THURSDAY, MAY THE 13TH,
TOMORROW BEING A LEGISLATIVE DAY, AND THAT WE RECONVENE AT 2:00 P.M.
ON MONDAY -- ON MAY THE 19TH, WEDNESDAY BEING THE NEXT SESSION
DAY; WEDNESDAY, MAY THE 19TH AT 2:00 P.M., MR. SPEAKER.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 1:33 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL THURSDAY, MAY 13TH, THURSDAY BEING A LEGISLATIVE DAY,
AND TO RECONVENE ON WEDNESDAY, MAY 19TH AT 2:00 P.M., WEDNESDAY
BEING A SESSION DAY.)
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