TUESDAY, MAY 25, 2021 2:50 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY AS WE PAUSE FOR A MOMENT OF
SILENCE, WE REMEMBER THE LIFE AND LEGACY OF GEORGE FLOYD, AND LET US
CONTEMPLATE A TIME AND PLACE WHERE JUSTICE AND PEACE WALK HAND IN
HAND.
(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 MONDAY, MAY 24TH.
1
NYS ASSEMBLY MAY 25, 2021
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY,
MAY THE 24 AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. HAPPY TUESDAY TO EVERYBODY, BOTH IN THE -- THOSE IN THE
CHAMBERS AND THOSE THAT ARE WITH US REMOTELY. I WANT TO SHARE THIS
QUOTE TODAY, THIS ONE IS COMING FROM BEN OKRI. HE IS A NIGERIAN-BORN
POET AND NOVELIST. HE SAYS, "THE MOST AUTHENTIC THING ABOUT US IS OUR
CAPACITY TO CREATE, TO OVERCOME, TO ENDURE, TO TRANSFORM, TO LOVE AND TO
BE GREATER THAN OUR SUFFERING." MR. SPEAKER, AGAIN, THAT ONE'S COMING
FROM BEN OKRI, A NIGERIAN POETRY WRITER.
TODAY MEMBERS SHOULD BE REMINDED THAT THIS IS THE
SECOND SESSION DAY OF THE 21ST WEEK OF THE 244TH LEGISLATIVE SESSION
AND THAT YOU HAVE ON YOUR DESK A MAIN CALENDAR, A DEBATE LIST, AND AN
A-CALENDAR. AND, MR. SPEAKER, IF YOU COULD NOW ADVANCE THE
A-CALENDAR.
ACTING SPEAKER AUBRY: ON MRS.
PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES: THANK YOU. AFTER ANY
HOUSEKEEPING, MR. SPEAKER, AND/OR INTRODUCTIONS, WE'RE GOING TO TAKE
UP RESOLUTIONS ON PAGE 3 OF THE MAIN CALENDAR AND THEN WE'RE GOING TO
2
NYS ASSEMBLY MAY 25, 2021
BEGIN CONSENTING BILLS ON THE A-CALENDAR. FROM THE COMPLETION OF
CONSENTING SOME OF THOSE BILLS ON THE A-CALENDAR, WE'RE GOING TO TAKE
UP SOME BILLS FROM OUR DEBATE LIST AS WELL AS FROM THE MAIN CALENDAR.
SO AS YOU CAN TELL, THIS IS GOING TO BE A VERY BUSY DAY TODAY, AND THAT'S
THE GENERAL OUTLINE OF WHERE WE'RE GOING SO IF THERE ARE INTRODUCTIONS
OR HOUSEKEEPING, NOW WOULD BE A GREAT TIME.
ACTING SPEAKER AUBRY: WE HAVE NO
HOUSEKEEPING, MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I WANT TO MAKE SURE THAT WE ACKNOWLEDGE OUR FORMER
COLLEAGUE, MR. LATIMER, WHO IS NOW THE SUPERVISOR OF -- COUNTY --
COUNTY EXECUTIVE, RATHER, IN WESTCHESTER COUNTY. WE'RE PLEASED TO
SEE HIM AGAIN, AND IF YOU WOULD WELCOME HIM BACK TO OUR CHAMBERS
AND PROVIDE FOR HIM THE CORDIALITIES OF OUR FLOOR.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF THE SPEAKER, MRS. PEOPLES-STOKES AND ALL THE MEMBERS, GEORGE,
WELCOME BACK TO THE HOUSE. WE KNOW THAT A MEMBER IS ALWAYS A
MEMBER HERE AND YOU'RE ALWAYS WELCOME, YOU ALWAYS HAVE THE
PRIVILEGES OF THE FLOOR, AND WE KNOW THAT YOU'RE DOING AN EXCELLENT JOB
IN TAKING CARE OF THE COUNTY THAT YOU LOVE. THANK YOU SO MUCH. AND
AGAIN, YOU'RE ALWAYS WELCOME.
(APPLAUSE)
ON PAGE 3, RESOLUTIONS, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 330, MS.
3
NYS ASSEMBLY MAY 25, 2021
RAJKUMAR.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM MAY 29TH, 2021, AS NAPOLI-AMERICAN
HERITAGE DAY IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: MS. RAJKUMAR ON THE
RESOLUTION.
MS. RAJKUMAR: THANK YOU, MR. SPEAKER. PLEASE
TAKE A MOMENT AND IMAGINE NEPAL WITH ME, A BEAUTIFUL MOUNTAINOUS
COUNTRY LAYING AT THE FOOTHILLS OF THE HIMALAYAS. IT CONTAINS THE
FAMOUS PEAK OF MOUNT EVEREST. THE GODDESS IS WORSHIPPED THERE BY
HINDUS AND BUDDHISTS, AND THERE ARE LIVING GODDESSES CALLED
KUMARIS. AS THE FIRST SOUTH-ASIAN WOMAN ELECTED TO STATE OFFICE IN
NEW YORK, I BRING YOU THIS HISTORIC RESOLUTION WITH ENORMOUS PRIDE.
THIS IS THE FIRST TIME THIS BODY WILL RECOGNIZE NEPALESE-AMERICANS,
WHO HAVE A VALUED AND SPECIAL PLACE IN BOTH SOUTH ASIA AND IN NEW
YORK STATE. THE DATE CHOSEN FOR THIS RECOGNITION IS MAY 29TH. ON THIS
DAY 13 YEARS AGO, NEPAL OFFICIALLY BECAME A DEMOCRATIC REPUBLIC,
ENDING 240 YEARS OF MONARCHY UNDER THE SHAH KINGS. ON THIS DAY, A
DYNASTY BOWED TO A NEW CONSTITUTIONAL ASSEMBLY, AND NEPAL'S
ASSEMBLY MET FOR THE FIRST TIME. NEPAL'S FIGHT FOR DEMOCRACY CAME
AFTER A CIVIL WAR THAT LASTED A DECADE AND COST 13,000 LIVES. IN THE END,
GUERRILLAS GAVE UP THE BULLET FOR THE BALLOT BOX AND DEMOCRACY
PREVAILED. NEPAL HAS STRENGTHENED ITS DEMOCRACY OVER THE PAST DECADE
AND SURVIVED A DEVASTATING EARTHQUAKE IN 2015 WITH GREAT RESILIENCY.
THE DEMOCRATIC REPUBLIC OF NEPAL NOW ENJOYS A
4
NYS ASSEMBLY MAY 25, 2021
STRONG RELATIONSHIP WITH THE UNITED STATES. TODAY I AM PROUD TO SAY
87 PERCENT OF NEPALESE NEW YORKERS LIVE IN MY HOME BOROUGH OF
QUEENS. THEY ARE KNOWN FOR THEIR DEVOTION TO CHARITY, THEIR
WILLINGNESS TO HELP THEIR NEIGHBORS AND COMMUNITY, AND THEIR PEACEFUL
RELATIONSHIP WITH ALL ETHNIC GROUPS. RECENTLY, NEPALESE NEW YORKERS
HAVE ENDURED HATE CRIMES, INCLUDING THE ATTACK OF A NEPALESE CAB
DRIVER. BUT THEY HAVE HANDLED THESE ATTACKS WITH DIGNITY AND GRACE,
WINNING THE RESPECT OF ALL. NEPALESE AMERICANS BRIGHTEN ALL MY DAYS
AS THE ASSEMBLYWOMAN FROM THE 38TH ASSEMBLY DISTRICT. OUR
COMMUNITY WOULD NOT BE THE SAME WITHOUT THEIR GENEROSITY OF SPIRIT,
KINDNESS, AND COLLABORATION THAT THEY BRING TO THE TABLE. I AM PROUD TO
BRING YOU THIS HISTORIC RESOLUTION COMMEMORATING NEPALI HERITAGE
DAY IN THE STATE OF NEW YORK.
THIS DAY IS ALSO SPECIAL BECAUSE IT IS THE ANNIVERSARY
OF THE DAY THAT MOUNT EVEREST WAS SUCCESSFULLY CLIMBED FOR THE FIRST
TIME BY SIR EDMUND HILLARY AND TENZING NORGAY SHERPA. WITH THIS
RESOLUTION, NEW YORK STATE WISHES THE -- THE NEPALESE AMERICAN
COMMUNITY CLIMBS TO THE HIGHEST PEAKS IN NEW YORK STATE. AS
GOVERNMENT LEADERS, WE WILL BE WITH THE NEPALESE AMERICAN
COMMUNITY EVERY STEP OF THE WAY AS THEY REACH THESE NEW HEIGHTS.
THANK YOU SO MUCH, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MS.
RAJKUMAR.
MS. GONZÁLEZ-ROJAS.
MS. GONZÁLEZ-ROJAS: THANK YOU, MR. SPEAKER.
5
NYS ASSEMBLY MAY 25, 2021
I WANT TO THANK THE SPONSOR OF THIS RESOLUTION. AS SOMEONE WHO
REPRESENTS THE LARGEST NEPALESE COMMUNITY HERE IN NEW YORK STATE, I
AM SO PROUD TO RECOGNIZE AND HONOR NEPAL -- NEPALI AMERICAN
HERITAGE DAY. OUR NEPALESE COMMUNITY HAS BEEN A STRONGHOLD IN OUR
DISTRICT. THEY ARE OUR DOCTORS, OUR LAWYERS, OUR CAB DRIVERS, OUR
ESSENTIAL WORKERS, OUR IMMIGRANT COMMUNITIES THAT HAVE BEEN FIGHTING
AND GIVING IN THE FRONT LINES. SO I WANT TO THANK THE SPONSOR SO MUCH
FOR THIS DAY, AND I WANT TO RECOGNIZE AN AMAZING ORGANIZATION THAT
WORKS CLOSELY WITH THE NEPALESE COMMUNITY IN BUILDING POWER AND
ADVANCING JUSTICE CALLED ADHIKAAR. SO I WANT TO THANK THE SPONSOR FOR
THIS RESOLUTION AND RECOGNIZE AND HONOR ALL NEPALESE AMERICANS ACROSS
THE STATE, BUT ESPECIALLY IN MY DISTRICT IN JACKSON HEIGHTS, EAST
ELMHURST, CORONA, AND WOODSIDE. THANK YOU SO MUCH.
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. 331, MS.
LUPARDO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM JUNE 2021, AS DAIRY MONTH IN THE
STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 332, MR.
6
NYS ASSEMBLY MAY 25, 2021
BRABENEC.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM AUGUST 2021, AS SWISS-AMERICAN
HERITAGE MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 333, MR.
CUSICK.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR M.
CUOMO TO PROCLAIM SEPTEMBER 5-11, 2021, AS DUCHENNE MUSCULAR
DYSTROPHY AWARENESS WEEK IN THE STATE OF NEW YORK THE.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; THOSE OPPOSED. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 334, MS.
BUTTENSCHON.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 21ST, 2021, AS DAY OF
PEACE IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON -- ON THE
RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING -- EXCUSE ME.
MS. BUTTENSCHON ON THE RESOLUTION.
(PAUSE)
MS. BUTTENSCHON.
7
NYS ASSEMBLY MAY 25, 2021
MS. BUTTENSCHON: THANK YOU, MR. SPEAKER.
THE COVID-19 PANDEMIC HAS MADE ONE THING PERFECTLY CLEAR: WE CAN
OVERCOME ANY OBSTACLE IF WE WORK TOGETHER. CELEBRATING THIS DAY OF
PEACE REMINDS US WE CAN ACCOMPLISH THROUGH RESPECT
(INAUDIBLE/TECHNICAL DIFFICULTIES) CONVERSATIONS WITH EACH OTHER.
CLEARLY, AS YOU SPOKE THIS MORNING AS WELL -- THIS AFTERNOON, AS WELL AS
OUR MAJORITY LEADER, YOU TALK ABOUT THE IMPORTANCE OF PEACE AND
WORKING TOGETHER. WHILE THIS DAY THAT WE HONOR A DAY OF PEACE,
SEPTEMBER 21ST, IS A DAY THAT WE SHOULD HONOR THROUGHOUT THE YEAR. SO
AGAIN, I THANK YOU FOR THE OPPORTUNITY TO SPEAK TODAY AND I ASK THAT
YOU (INAUDIBLE/TECHNICAL DIFFICULTIES) AND WORK HARD, PEACE AMONG US
THROUGHOUT THE GREAT STATE OF NEW YORK, THE UNITED STATES OF AMERICA,
AND THE WORLD. 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. 335, MR.
DESTEFANO.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
ANDREW M. CUOMO TO PROCLAIM SEPTEMBER 2021, AS DYSTONIA
AWARENESS MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
WE'LL GO TO THE A-CALENDAR ON CONSENT.
8
NYS ASSEMBLY MAY 25, 2021
THE CLERK: ASSEMBLY NO. A00083, RULES REPORT
NO. 97, QUART, BLANKENBUSH, OTIS, RODRIGUEZ. AN ACT TO AMEND THE
GENERAL BUSINESS LAW, IN RELATION TO RAISING THE MAXIMUM FINE FOR
PERSONS WHO VIOLATE THE LAW REGULATING TELEMARKETING.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 83. 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.
FIRST VOTE OF THE DAY, MEMBERS.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00359-A, RULES
REPORT NO. 98, JACOBSON, SIMON, GOTTFRIED, DESTEFANO, SAYEGH, GLICK,
STECK, ABINANTI, KIM, CUSICK. AN ACT TO AMEND THE WORKERS'
COMPENSATION LAW, IN RELATION TO REQUIRING THE WORKERS'
COMPENSATION BOARD TO APPOINT THE UNINSURED EMPLOYERS' FUND AS THE
INSURANCE CARRIER IN CASES WHEN THE IDENTITY OF THE RESPONSIBLE
INSURANCE CARRIER FOR THE EMPLOYER CANNOT BE DETERMINED WITHIN TEN
DAYS OF THE FILING OF A CLAIM AND TO PROCEED WITH HEARINGS AND PROVIDE
NOTICES NECESSARY TO PROCESS SUCH CLAIM; AND TO MAKE CONFORMING
TECHNICAL CHANGES.
9
NYS ASSEMBLY MAY 25, 2021
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 39 -- 359-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01960-A, RULES
REPORT NO. 101, CRUZ, SANTABARBARA, JEAN-PIERRE, WEPRIN, SAYEGH,
THIELE, JACOBSON, SIMON, MORINELLO, MONTESANO, B. MILLER, GUNTHER,
BARRON, L. ROSENTHAL, JOYNER, ASHBY, SCHMITT, COOK, LUPARDO,
DARLING, BUTTENSCHON, OTIS. AN ACT TO AMEND TAX LAW, IN RELATION TO
AUTHORIZING A TAX CHECK-OFF FOR THE STATE LIBRARY SYSTEM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 1960-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
10
NYS ASSEMBLY MAY 25, 2021
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02113, RULES REPORT
NO. 102, SIMON, BLANKENBUSH, COOK, HEVESI, MCDONOUGH,
PALMESANO, PRETLOW, SEAWRIGHT, DICKENS, MITAYNES, REYES, LALOR,
BYRNE, MCMAHON, WALLACE. AN ACT TO AMEND THE DOMESTIC RELATIONS
LAW AND THE FAMILY COURT ACT, IN RELATION TO PROHIBITING THE MAKING
OF DECISIONS CONCERNING GUARDIANSHIP, CUSTODY OR VISITATION OR
ADOPTION PETITIONS SOLELY ON THE BASIS OF A PARENT'S, GUARDIAN'S OR
CUSTODIAN'S BLINDNESS; AND TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO PROHIBITING THE DEPARTMENT OF SOCIAL SERVICES FROM
DENYING, DECIDING OR OPPOSING A PETITION OR REQUEST FOR GUARDIANSHIP,
CUSTODY OR VISITATION SOLELY BECAUSE THE PETITIONER IS BLIND AND TO
PROHIBITING A LOCAL SOCIAL SERVICES AGENCY FROM TAKING ACTIONS SOLELY
BECAUSE A PARENT, CUSTODIAN OR GUARDIAN IS BLIND.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 2113. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
11
NYS ASSEMBLY MAY 25, 2021
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A02520, RULES REPORT
NO. 103, WEINSTEIN. AN ACT TO AMEND THE CIVIL PRACTICE LAW AND
RULES, IN RELATION TO ESTABLISHING THAT DOMESTIC VIOLENCE ADVOCATES
MAY NOT DISCLOSE ANY COMMUNICATION MADE BY A CLIENT TO THE ADVOCATE
EXCEPT IN CERTAIN CIRCUMSTANCES.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
WEINSTEIN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A02536, RULES REPORT
NO. 104, WEINSTEIN, GOTTFRIED, ZEBROWSKI, SEAWRIGHT, TAYLOR. AN ACT
TO AMEND THE MENTAL HYGIENE LAW, IN RELATION TO REQUIRING PETITIONERS
FOR APPOINTMENT OF A GUARDIAN TO IDENTIFY OTHER PERSONS WHO MAY BE
ABLE TO MANAGE THE AFFAIRS OF AN INCAPACITATED PERSON.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 2536. 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.)
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MR. SPEAKER. SO IN THE
12
NYS ASSEMBLY MAY 25, 2021
PAST THIS BILL HAS NOT HAD MUCH OPPOSITION, BUT I -- I'M CONCERNED BY
SOME OF THE GROUPS THAT ARE OPPOSED TO THIS. THE NEW YORK STATE BAR
ASSOCIATION AND THE GREATER NEW YORK HOSPITAL ASSOCIATION BOTH
EXPRESSED CONCERNS ABOUT THE BILL. THE BAR ASSOCIATION STATES THAT
ADDITIONAL NUANCES NEED TO BE ADDRESSED TO PROTECT THE INDIVIDUAL
PATIENT. FOR INSTANCE, THE BILL SEEKS TO PROHIBIT HEALTH CARE FACILITIES
FROM BRINGING AN ARTICLE 81 GUARDIANSHIP PROCEEDING FOR THE PURPOSE
OF BILL COLLECTION, BUT ONLY REFERENCES NURSING HOMES AND NOT FACILITIES
IN GENERAL. MOREOVER, THEY OPPOSE THE BILL'S REQUIREMENT OF AN
AFFIRMATIVE STATEMENT THAT THE GUARDIANSHIP PROCEEDING IS NOT BROUGHT
PRIMARILY FOR BILL COLLECTION PURPOSES SINCE SUCH PROCEEDINGS MAY BE
NEEDED TO SECURE GOVERNMENTAL BENEFITS. AND THE GREATER NEW YORK
HOSPITAL ASSOCIATION HAS SIMILAR RATIONALE, SAYING THAT IT WILL IMPACT A
HOSPITAL'S ABILITY TO BRING A GUARDIANSHIP PROCEEDING TO ESTABLISH
MEDICAID ELIGIBILITY, AND IT WILL ALSO COMPROMISE DISCHARGE PLANNING
AND PATIENT PLACEMENT. SO FOR THOSE REASONS, I'LL BE UNABLE TO SUPPORT
THIS BILL. THANK YOU.
ACTING SPEAKER AUBRY: MS. WALSH IN THE
NEGATIVE.
MS. WEINSTEIN TO EXPLAIN HER VOTE.
MS. WEINSTEIN: THANK YOU, MR. SPEAKER, JUST
VERY BRIEFLY. ONE OF THE REASONS AND THE GENESIS OF THIS BILL WAS, IN
FACT, THE -- THE CONCERN THAT WE HAD THAT SOME FACILITIES WERE BRINGING
THESE ACTIONS, SIMPLY -- GUARDIANSHIP ACTIONS SIMPLY TO BE ABLE TO
COLLECT MONEY AND NOT NECESSARILY IN THE BEST INTERESTS OF THE PERSON
13
NYS ASSEMBLY MAY 25, 2021
WHO WAS INCAPACITATED AND A RESIDENT OF THAT FACILITY. SO FOR THAT
REASON, I URGE MY COLLEAGUES TO VOTE FOR THIS BILL, AND I SEE THAT THE
OVERWHELMING MAJORITY ARE. THANK YOU, MR. SPEAKER. I VOTE YES.
ACTING SPEAKER AUBRY: MS. WEINSTEIN IN THE
AFFIRMATIVE.
MS. WALSH.
MS. WALSH: THANK YOU VERY MUCH. IN ADDITION TO
MR. GOODELL AND MYSELF IN THE NEGATIVE, COULD YOU PLEASE ALSO MARK
MS. BYRNES IN THE NEGATIVE, MR. DIPIETRO, AND MR. SIMPSON. THANK
YOU.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03237-A, RULES
REPORT NO. 105, HUNTER, JONES, MANKTELOW, BUTTENSCHON, WALLACE,
OTIS, PERRY. AN ACT TO AMEND THE COUNTY LAW AND THE EXECUTIVE LAW,
IN RELATION TO THE REPORTING OF A VETERAN'S SUICIDE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 3237-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
14
NYS ASSEMBLY MAY 25, 2021
MR. MANKTELOW TO EXPLAIN HIS VOTE.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
FIRST OF ALL, I'D LIKE TO SAY THANK YOU TO ASSEMBLYWOMAN --
ASSEMBLYWOMAN HUNTER FOR BRINGING THIS BILL FORWARD, HAVING SPOKE
WITH HER ABOUT THIS BILL. AND A COUPLE OF YEARS AGO I HAD THE
OPPORTUNITY -- I SHOULDN'T SAY OPPORTUNITY. I HAD THE TIME TO SPEND
WITH A YOUNG MARINE WHO HAD JUST LOST ONE OF HIS FRIENDS THROUGH
SUICIDE. AND THIS HAS ALWAYS BEEN ON MY HEART AND MIND, AND
ANYTHING THAT WE CAN DO FROM THE STATE LEVEL TO HELP OUR LOCAL
MUNICIPALITIES GET A BETTER UNDERSTANDING OF SUICIDE RATES AND WHAT'S
GOING ON WITH OUR MILITARY MEMBERS, ANYTHING THAT WE CAN DO TO HELP
LESSEN THAT NUMBER HERE IN NEW YORK, ESPECIALLY IN NEW YORK STATE
AND OUR COUNTRY, BUT NEW YORK IS -- IS SUCH A HUGE NUMBER OF
VETERANS. SO I JUST WANT TO THANK THE SPONSOR FOR BRINGING THIS FORWARD,
IT'S MUCH -- MUCH APPRECIATED. AND AS WE RECOGNIZE MEMORIAL DAY
THIS COMING MONDAY, IT MEANS A LOT TO ALL THOSE VETERANS AND THEIR
FAMILIES. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU. MR.
MANKTELOW IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03331, RULES REPORT
NO. 106, HEVESI, BARRON. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO ADVISING HUMAN TRAFFICKING VICTIMS OF THE AVAILABILITY OF
15
NYS ASSEMBLY MAY 25, 2021
SOCIAL AND LEGAL SERVICES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 3331. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03516, RULES REPORT
NO. 107, MCDONALD. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION
TO REQUIRING INSURERS TO PROVIDE INSUREDS OR SUBSCRIBERS WITH AN
EXPLANATION OF PHARMACEUTICAL BENEFITS RELATING TO CLAIMS UNDER CERTAIN
ACCIDENT AND HEALTH INSURANCE POLICIES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 3516. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
16
NYS ASSEMBLY MAY 25, 2021
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A03826-A, RULES
REPORT NO. 108, VANEL. AN ACT TO AMEND THE RACING, PARI-MUTUEL
WAGERING AND BREEDING LAW, IN RELATION TO REQUIRING ALL
ADVERTISEMENTS FOR GAMBLING AND SPORTS BETTING TO INCLUDE WARNINGS
ABOUT POTENTIAL HARMFUL AND ADDICTIVE EFFECTS OF GAMBLING AND TO
REQUIRING THE STATE GAMING COMMISSION TO COOPERATE WITH THE
COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS TO ENSURE THAT ALL
ADVERTISEMENTS FOR GAMING ACTIVITY STATE A PROBLEM GAMBLING HOTLINE
NUMBER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 3826-A. THIS IS A FAST ROLL CALL. MEMBERS
WHO WISH TO BE RECORDED IN THE NEGATIVE ARE REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04396, CALENDAR --
RULES REPORT NO. 109, WALKER. AN ACT TO AMEND THE GENERAL
OBLIGATIONS LAW, IN RELATION TO TENANT SECURITY DEPOSIT ACCOUNTS.
17
NYS ASSEMBLY MAY 25, 2021
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04509, RULES REPORT
NO. 110, PRETLOW. AN ACT TO AMEND CHAPTER 473 OF THE LAWS OF 2010
AMENDING THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW
RELATING TO THE NEW YORK STATE THOROUGHBRED BREEDING AND
DEVELOPMENT FUND, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
PRETLOW, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 1463-A. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04620, RULES REPORT
NO. 111, ZEBROWSKI. AN ACT TO AMEND THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW, IN RELATION TO REQUIRING LOAN SERVICES FOR LOANS ON
VACANT AND ABANDONED RESIDENTIAL REAL PROPERTY TO PAY CERTAIN
CONDOMINIUM COMMON CHARGES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A04652, RULES REPORT
18
NYS ASSEMBLY MAY 25, 2021
NO. 112, SANTABARBARA, DICKENS, FAHY, BUTTENSCHON, GUNTHER,
ENGLEBRIGHT, SILLITTI, STERN, BARRON. AN ACT TO AMEND THE PUBLIC HEALTH
LAW, IN RELATION TO AUTHORING FOREST RANGERS, PARK RANGERS, AND
ENVIRONMENTAL CONSERVATION POLICE OFFICERS TO POSSESS AND ADMINISTER
EPINEPHRINE BY USE OF AN EPINEPHRINE AUTOINJECTOR DEVICE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 4652. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A04855, RULES REPORT
NO. 113, GUNTHER, ZEBROWSKI, WALLACE, WILLIAMS, GLICK, GALEF,
SANTABARBARA, ABINANTI, GOTTFRIED, BUTTENSCHON, OTIS, MONTESANO. AN
ACT TO AMEND THE GENERAL BUSINESS LAW, IN RELATION TO THE USE OF VOICE
RECOGNITION FEATURES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 4855. THIS IS A FAST ROLL CALL. ANY MEMBER
19
NYS ASSEMBLY MAY 25, 2021
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05275, RULES REPORT
NO. 114, BARRETT, BURDICK, JACOBSON, CAHILL. AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO ADDING THE SAW KILL AND FALL KILL CREEKS
TO THE DEFINITION OF INLAND WATERWAYS.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
BARRETT, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE SENATE PRINT 3852. THIS IS A FAST ROLL CALL. ANY MEMBER WHO
WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05374, RULES REPORT
NO. 115, MCMAHON, STERN, JACKSON, J.D. RIVERA. AN ACT TO AMEND THE
TAX LAW, IN RELATION TO SUSPENDING STATE SUPPORT FOR THE LOCAL
20
NYS ASSEMBLY MAY 25, 2021
ENFORCEMENT OF PAST-DUE PROPERTY TAXES UNTIL AFTER THE END OF THE
COVID-19 STATE DISASTER EMERGENCY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5374. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05386-A, RULES
REPORT NO. 116, LUPARDO, BARRETT, KELLES, GALLAGHER, THIELE, OTIS,
GOTTFRIED, SIMON, SILLITTI, GLICK, LAVINE, ANGELINO, DAVILA, ZINERMAN,
JACKSON, L. ROSENTHAL, PERRY, SANTABARBARA, BUTTENSCHON. AN ACT TO
AMEND THE AGRICULTURE AND MARKETS LAW AND THE SOIL AND WATER
CONSERVATION DISTRICTS LAW, IN RELATION TO ESTABLISHING THE SOIL HEALTH
AND CLIMATE RESILIENCY ACT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JULY 1ST,
2021.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5386-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
21
NYS ASSEMBLY MAY 25, 2021
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. LUPARDO TO EXPLAIN HER VOTE.
MS. LUPARDO: THANK YOU VERY MUCH, MR.
SPEAKER. THIS BILL DEFINES SOIL HEALTH AND ENCOURAGES SOIL HEALTH
PRACTICES AND CLIMATE RESISTANT -- CLIMATE RESILIENT FARMING. SINCE THE
FIRST CARBON PILOT PROGRAM IN THE HUDSON VALLEY, WE'VE BEEN TRYING TO
MAKE A CASE THAT AGRICULTURE CAN PLAY AN IMPORTANT ROLE IN ACHIEVING
THE STATE'S CLIMATE GOAL. THE BOTTOM LINE IS THAT THIS IS AN IMPORTANT
FIRST STEP OF WHAT WILL, I HOPE, BE MANY TO COME. HEALTHY SOIL DRAWS
CARBON FROM THE ATMOSPHERE AND HEALTHY SOIL PRODUCES HEALTHIER FOOD.
THIS IS A WINNING SCENARIO ALL THE WAY AROUND, SOMETHING THAT WE CAN
ALL FEEL VERY GOOD ABOUT. THIS WILL MAKE A REAL -- A VERY IMPORTANT
DIFFERENCE NOT ONLY IN CLIMATE RESILIENCE, BUT IN PRODUCING HEALTHIER
FOODS FOR OUR CONSTITUENTS. SO THANK YOU VERY MUCH FOR ALLOWING
AGRICULTURE TO PLAY A ROLE IN THIS CLIMATE DISCUSSION.
ACTING SPEAKER AUBRY: MS. LUPARDO IN THE
AFFIRMATIVE.
MRS. BARRETT TO EXPLAIN HER VOTE.
MRS. BARRETT: THANK YOU, MR. SPEAKER. I WOULD
LIKE TO THANK THE CHAIR OF AGRICULTURE FOR HER LEADERSHIP AND THANK THE
SPEAKER FOR MOVING THIS IMPORTANT LEGISLATION FORWARD. YOU KNOW, THE
LAST TIME THAT -- THAT OUR SOIL HEALTH LEGISLATION WAS CHANGED WAS 1938
IN RESPONSE TO THE DUST BOWL. SO I THINK THIS WAS OVERDUE AND AS OUR
22
NYS ASSEMBLY MAY 25, 2021
CHAIR SAID, THIS IS REALLY AN INTEGRAL PART OF ALL OF THE CLIMATE WORK THAT
WE'RE DOING ACROSS THE BOARD IN OUR STATE, AND IT'S ESSENTIAL THAT WE
RECOGNIZE THE CONNECTION BETWEEN HEALTHY SOIL AND HEALTHY AIR AND
HEALTHY WATER, AND PUT FORTH THE LEGISLATION LIKE THIS TO ENSURE THAT WE
KEEP THAT HAPPENING. I'M PROUD TO VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MRS. BARRETT IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05399, RULES REPORT
NO. 117, JACOBSON. AN ACT TO AMEND THE GENERAL CITY LAW, IN RELATION
TO ALLOWING THE CITY OF BEACON TO SELL ITS EXCESS SEWAGE CAPACITY TO
PRIVATE CORPORATIONS AND INDIVIDUALS OUTSIDE OF THE CITY LIMITS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ASSEMBLY PRINT A-5399. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05472, RULES REPORT
23
NYS ASSEMBLY MAY 25, 2021
NO. 119, GLICK, REYES. AN ACT TO AMEND STATE FINANCE LAW, IN
RELATION TO FIVE-YEAR CAPITAL PLANS FOR THE STATE UNIVERSITY OF NEW YORK
AND THE CITY UNIVERSITY OF NEW YORK.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
GLICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 5475 [SIC]. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CALL
THE MAJORITY -- 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. THIS BILL WOULD
REQUIRE THE GOVERNOR TO SUBMIT TO THE LEGISLATURE A FIVE-YEAR CAPITAL
PLAN FOR SUNY AND CUNY SENIOR COLLEGES. AND WHILE I CERTAINLY
BELIEVE IN LONG-TERM CAPITAL PLANNING, THERE ARE A COUPLE OF CONCERNS
THAT I HAVE. FIRST, SUNY AND CUNY ARE NOT UNDER THE GOVERNOR'S
DIRECT PURVIEW; THOSE ARE UNDER THE EDUCATION DEPARTMENT. AND SO IF
WE WANT TO HAVE A CAPITAL PLAN FOR SUNY AND CUNY, WE OUGHT TO
HAVE THE RIGHT PEOPLE DOING IT. THE SECOND PROBLEM IS THAT THE NEW
YORK STATE CONSTITUTION IS ABSOLUTELY CLEAR THAT THE GOVERNOR, NOT THE
LEGISLATURE, IS RESPONSIBLE FOR PROPOSING A BUDGET. AND SO THE
LEGISLATURE CANNOT, IN MY OPINION, DIRECT THE GOVERNOR TO DO ANYTHING
24
NYS ASSEMBLY MAY 25, 2021
ABOUT THE BUDGET, WE REACT ONCE THE BUDGET IS PRESENTED TO US. AND
LAST, THIS BILL REQUIRES THE GOVERNOR TO SUBMIT A FIVE-YEAR CAPITAL PLAN,
AND WHILE I THINK THAT'S GREAT, I WOULD REMIND MY COLLEAGUES THAT EVEN
THIS GOVERNOR IS ONLY ELECTED FOR A FOUR-YEAR TERM. AND SO WE HAVE A
-- A GOVERNOR WHO POTENTIALLY HAS ONE TERM LEFT PRESENTING A FIVE-YEAR
PLAN.
SO FOR THOSE REASONS, I WILL BE VOTING AGAINST IT,
PRIMARILY BECAUSE OF THE CONSTITUTIONAL INFIRMITIES THAT I NOTED. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: MR. GOODELL IN THE
NEGATIVE.
MS. GLICK TO EXPLAIN HER VOTE.
MS. GLICK: THANK YOU, MR. SPEAKER. BRIEFLY, LET
ME POINT OUT THAT THE GOVERNOR APPOINTS THE ENTIRE BOARD OF TRUSTEES
TO SUNY AND HIS BUDGET DIRECTOR SITS ON THE CUNY BOARD. SO THE
GOVERNOR HAS A -- A GREAT DEAL OF THE REACH INTO BOTH INSTITUTIONS, AND IT
SEEMS THAT IN THE PAST WE HAVE HAD FIVE-YEAR PLANS BY BOTH INSTITUTIONS
OFFERED, AND SO THE GOVERNOR GETS A GREAT DEAL OF ADVICE. AND SINCE
THE GOVERNOR DOES CONTROL THE MONEY THAT IS AVAILABLE, IT WOULD BE
APPROPRIATE FOR THE GOVERNOR TO WEIGH IN AT LEAST WITH HIS APPOINTEES
TO ENSURE THAT THEY ARE, FOR PLANNING PURPOSES, MOVING IN THE RIGHT
DIRECTION AND WITH SOME INPUT FROM THE GOVERNOR ENSURING THAT THE
MONEY THAT THEY NEED ACTUALLY APPEARS IN THE BUDGET AS OPPOSED TO US
HAVING FULL TEETH. THAT IS NOT PART OF THE LICENSURE FOR DENTISTRY,
ALTHOUGH I FEEL AT THIS POINT IN MY CAREER I CERTAINLY COULD APPLY. WITH
25
NYS ASSEMBLY MAY 25, 2021
THAT, I WITHDRAW MY REQUEST AND VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER AUBRY: MS. GLICK IN THE
AFFIRMATIVE.
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER. IN ADDITION
TO MR. GOODELL AND MYSELF, WOULD YOU PLEASE RECORD THE FOLLOWING
MEMBERS IN THE NEGATIVE ON THIS BILL: MR. DIPIETRO, MR. LAWLER -
MICHAEL LAWLER - MR. MONTESANO, AND MR. TAGUE. THANK YOU.
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. A05473-A, RULES
REPORT NO. 120, GLICK. AN ACT TO AMEND THE EDUCATION LAW, IN
RELATION TO STATE APPROPRIATIONS TO THE STATE UNIVERSITY OF NEW YORK
AND THE CITY UNIVERSITY OF NEW YORK.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5473-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
26
NYS ASSEMBLY MAY 25, 2021
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05527-A, RULES
REPORT NO. 121, WILLIAMS, FORREST. AN ACT TO AMEND THE MENTAL
HYGIENE LAW, IN RELATION TO APPROVED COURSES OF STUDY OR EQUIVALENT
ON-THE-JOB EXPERIENCE FOR COUNSELORS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5527-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05551, RULES REPORT
NO. 122, ENGLEBRIGHT, MONTESANO, SOLAGES. AN ACT TO AMEND THE
PERSONAL PROPERTY LAW, IN RELATION TO PROHIBITING CERTAIN PROVISIONS IN
RETAIL LEASE AGREEMENTS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05574, RULES REPORT
NO. 123, CYMBROWITZ, CAHILL, SEAWRIGHT, BARRON, JACKSON. AN ACT IN
27
NYS ASSEMBLY MAY 25, 2021
RELATION TO DIRECTING THE DEPARTMENT OF FINANCIAL SERVICES AND THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL TO CONDUCT A STUDY
EXAMINING THE INCREASING COSTS OF INSURANCE PREMIUMS AND THE LACK OF
AVAILABILITY OF INSURANCE COVERAGE FOR AFFORDABLE HOUSING.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
CYMBROWITZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 5231. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05688, RULES REPORT
NO. 124, CRUZ, QUART. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW,
IN RELATION TO FACILITATING APPELLATE REVIEW OF RULINGS THAT IMPLICATE
ISSUES OF PUBLIC CONCERN.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A05781-A, RULES
REPORT NO. 125, CRUZ, LUPARDO, BARRON, AUBRY, GUNTHER, KELLES,
STECK, FERNANDEZ, CLARK, THIELE, RODRIGUEZ, JACKSON, DESTEFANO,
FORREST, ENGLEBRIGHT, GOTTFRIED, SIMON, TAGUE, STIRPE, JENSEN, HAWLEY,
28
NYS ASSEMBLY MAY 25, 2021
MANKTELOW, SALKA, GRIFFIN, SANTABARBARA. AN ACT TO AMEND THE
AGRICULTURE AND MARKETS LAW, IN RELATION TO THE NOURISH NEW YORK
PROGRAM.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
CRUZ, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 4892-A. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. CRUZ TO EXPLAIN HER VOTE.
MS. CRUZ: THANK YOU, MR. SPEAKER. I CAN'T EVEN
DESCRIBE HOW EXCITED I AM TODAY. LAST SUNDAY, I ATTENDED A MASS AT
ST. LEO'S, ONE OF MY LOCAL CHURCHES, WHERE WE WERE COMMEMORATING
THE LIVES OF ABOUT 200 OF THE ALMOST 8,000 PEOPLE LOST IN QUEENS. AND
AFTER SUCH A TERRIBLE YEAR, IT BEGAN TO FINALLY FEEL LIKE WE WERE CROSSING
OVER TO A BETTER TOMORROW. AND TODAY, WITH A PROGRAM LIKE NOURISH
BECOMING PERMANENT, I SEE THAT LIGHT EVEN BRIGHTER.
MANY OF YOU KNOW THAT I REPRESENT THE EPICENTER OF
THE EPICENTER AND THAT MANY OF MY CONSTITUENTS WERE LEFT WITH NO
CHOICE BUT TO VISIT FOOD PANTRIES LIKE THE ONE THAT I OPENED IN MY
OFFICE, AND THAT IF IT WASN'T FOR PROGRAMS LIKE NOURISH NEW YORK
CREATED IN 2020 BY THE GOVERNOR, MANY OF US WOULDN'T HAVE SURVIVED,
29
NYS ASSEMBLY MAY 25, 2021
MY COMMUNITY WOULD HAVE NOT SURVIVED. YOU KNOW, THE -- THE
DECREASE AND DEMAND AND THE DISRUPTED AND BROKEN SUPPLY LINES
CREATED AN ECONOMIC CRISIS AS WELL FOR MANY OF OUR FARMERS UPSTATE
WHO FOUND THEMSELVES HAVING TO POUR MILK DOWN THE DRAIN, HAVING TO
THROW AWAY FOOD BECAUSE THEY HAD NO ONE TO PURCHASE THIS FOOD. AND
I GOT TO SEE THIS PLIGHT FIRSTHAND LAST SEPTEMBER WHEN I WENT WITH ONE
OF OUR COLLEAGUES ACROSS THE AISLE TO UPSTATE TO SEE WHAT WAS
HAPPENING WITH OUR FARMERS, AND THAT'S WHERE MY FRIENDSHIP AND -- AND
WORKING RELATIONSHIP WITH SENATOR BORRELLO BEGAN. AND WE BEGAN THIS
BIPARTISAN PROCESS TO HELP OUR COMMUNITIES SURVIVE, BOTH THE UPSTATE
FARMING COMMUNITY AS WELL AS THE DOWNSTATE FOLKS.
AND TODAY, I THINK NOT ONLY AM I THANKFUL THAT WE PUT
IN $50 MILLION INTO THIS PROGRAM, SO THANK YOU TO ALL OF MY COLLEAGUES
WHO SUPPORTED IT, BUT I'M INCREDIBLY THANKFUL FOR OUR SPEAKER, FOR THE
CHAIR AND THE RANKER OF BOTH HOUSES, IN THE ASSEMBLY AND THE
SENATE'S AGRICULTURE COMMITTEE, BECAUSE EVERYONE WORKED SO HARD FOR
TODAY TO HAPPEN, TO MAKE SURE THAT WE HAD A BILL THAT WAS
REPRESENTATIVE OF THE NEEDS OF THE COMMUNITY, THAT WASN'T ABOUT
POLITICS, IT WAS ABOUT SIMPLY FEEDING PEOPLE AND HELPING OUR FARMERS.
AND I KNOW THAT THOSE 4,000 FARMS AROUND OUR STATE AND THOSE 17
MILLION POUNDS OF FRESH FOOD THAT PEOPLE WILL NOW HAVE ACCESS TO ARE
GOING TO BE KEY TO HELPING US TAKE THE NEXT STEPS IN SURVIVAL BECAUSE AS
MUCH AS I SEE THE LIGHT, THERE'S STILL SO MUCH WORK THAT NEEDS TO BE
DONE. WE'RE REALLY, TRULY GOING TO BE --
ACTING SPEAKER AUBRY: ASSEMBLYWOMAN,
30
NYS ASSEMBLY MAY 25, 2021
HOW DO YOU VOTE?
MS. CRUZ: AND WITH THAT, I'LL BE VOTING IN THE
AFFIRMATIVE. THANK YOU --
ACTING SPEAKER AUBRY: THANK YOU SO VERY
MUCH. CONGRATULATIONS.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05840-A, RULES
REPORT NO. 126, CLARK, HEVESI, MCDONALD, BURDICK, WALLACE, REYES,
BARRON, THIELE, WOERNER, STECK, GOTTFRIED, SANTABARBARA, MEEKS, OTIS,
MCMAHON, SILLITTI, GUNTHER, JACKSON, JENSEN, BYRNES, MCDONOUGH,
GALLAGHER, SIMON, SIMPSON, BRONSON, ROZIC, LUNSFORD, JEAN-PIERRE,
DARLING, SEPTIMO, DINOWITZ, J.D. RIVERA, HUNTER, AUBRY, FORREST,
LUPARDO, STIRPE, PAULIN, FAHY, KELLES, BUTTENSCHON, MAGNARELLI,
SEAWRIGHT, GONZÁLEZ-ROJAS, GRIFFIN, QUART. AN ACT TO AMEND THE
SOCIAL SERVICES LAW, IN RELATION TO REQUIRING LOCAL SOCIAL SERVICES
DISTRICTS TO OFFER TO PAY CHILD CARE PROVIDERS VIA A DIRECT DEPOSIT FOR ANY
SUBSIDIZED CHILD CARE FUNDS OWED.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
CLARK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 5162. THIS IS A FAST ROLL CALL. ANY MEMBER
31
NYS ASSEMBLY MAY 25, 2021
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.)
MS. CLARK TO EXPLAIN HER VOTE.
MS. CLARK: THANK YOU, MR. SPEAKER. I AM SO
EXCITED TO SEE THIS BILL FINALLY COME TO THE FLOOR FOR A VOTE. OFTENTIMES,
THE ANSWER OR THE SOLUTION TO A PROBLEM IS SIMPLE. OUR CHILD CARE
PROVIDERS WORK ON SOME OF THE SLIMMEST MARGINS. WE'VE KNOWN THIS
FOR YEARS, AND THE COVID PANDEMIC ONLY EXASPERATED THAT. WHAT WE
LEARNED IS THAT WHEN YOU ONLY HAVE THE OPTION OF PAPER CHECKS,
SOMETIMES YOU'RE NOT GETTING PAID FOUR TO FIVE TO SIX WEEKS PAST THE
TIME OF WHICH YOU SUBMITTED THE -- THE SUBSIDY. WE CAN CHANGE THAT
BY A SIMPLE SOLUTION, DIRECT DEPOSIT. WE'VE BEEN USING IT FOR YEARS IN
SO MANY OTHER FORUMS ACROSS THE STATE GOVERNMENT THAT IT'S TIME TO
BRING IT INTO OUR CHILD CARE SYSTEM AND ALLOW OUR PROVIDERS THAT OPTION
TO MAKE SURE THEY'RE GETTING PAID IN A TIMELY FASHION. I AM AMAZED BY
THE SUPPORT OF SO MANY OF MY COLLEAGUES, SO VERY, VERY THANKFUL AS WE
LOOK TO TRULY INVEST INTO OUR CHILD CARE SYSTEM, MAKE IT ONE OF THE BEST
IN THE COUNTRY. I CAN'T WAIT TO PARTNER WITH YOU ALL AS WE LOOK AT -- FOR
SOME MORE SOLUTIONS TO DO THIS, BUT TODAY IS AN EXCITING DAY TO MAKE
THIS VERY SIMPLE SOLUTION HAPPEN IN REALITY. THANK YOU SO MUCH.
ACTING SPEAKER AUBRY: THANK YOU. MS.
CLARK IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
32
NYS ASSEMBLY MAY 25, 2021
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A05859, RULES REPORT
NO. 127, DINOWITZ. AN ACT TO AMEND CHAPTER 237 OF THE LAWS OF 2015
AMENDING THE JUDICIARY LAW, THE CIVIL PRACTICE LAW AND RULES AND
OTHER LAWS RELATING TO THE USE OF ELECTRONIC MEANS FOR THE
COMMENCEMENT AND FILING OF PAPERS IN CERTAIN ACTIONS AND
PROCEEDINGS, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 5859. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06182, RULES REPORT
NO. 128, GUNTHER. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION
LAW, IN RELATION TO ADDING CERTAIN WILDLIFE MANAGEMENT UNITS TO THE
YEARLING BUCK PROTECTION PROGRAM.
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 [SIC] PRINT 6182. THIS IS A FAST ROLL CALL. ANY
33
NYS ASSEMBLY MAY 25, 2021
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06289, RULES REPORT
NO. 129, GUNTHER. AN ACT TO LEGALIZE, VALIDATE, RATIFY, AND CONFIRM THE
ACTIONS OF THE MONTICELLO CENTRAL SCHOOL DISTRICT NOTWITHSTANDING THE
FAILURE TO TIMELY FILE FINAL BUILDING COST REPORTS WITH THE EDUCATION
DEPARTMENT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6289. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06356-B, RULES
REPORT NO. 130, GRIFFIN, DARLING. AN ACT RELATING TO LEGALIZING,
VALIDATING, RATIFYING, AND CONFIRMING THE TRANSPORTATION CONTRACTS FOR
34
NYS ASSEMBLY MAY 25, 2021
THE BALDWIN UNION FREE SCHOOL DISTRICT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6356-B. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06376-A, RULES
REPORT NO. 131, MAGNARELLI. AN ACT AUTHORIZING THE USE OF EXISTING
VILLAGE SEWER RENTS FOR INFRASTRUCTURE PROJECTS OTHER THAN SEWER PROJECTS
IN THE VILLAGE OF BALDWINSVILLE; AND PROVIDING FOR THE REPEAL OF SUCH
PROVISIONS UPON EXPIRATION THEREOF.
ACTING SPEAKER AUBRY: HOME RULE MESSAGE
IS AT -- HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ASSEMBLY PRINT 6376-A. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
35
NYS ASSEMBLY MAY 25, 2021
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06562, RULES REPORT
NO. 132, ABINANTI. AN ACT TO AMEND CHAPTER 63 OF THE LAWS OF 2021
AMENDING THE ENVIRONMENTAL CONSERVATION LAW RELATING TO
SUPERMARKETS PROVIDING EXCESS EDIBLE FOOD TO FOOD RELIEF
ORGANIZATIONS, IN RELATION TO EXTENDING THE EFFECTIVENESS OF CERTAIN
PROVISIONS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6562. 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 PROVIDE --
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A06746-A, RULES
REPORT NO. 133, WALLACE. AN ACT TO AMEND CHAPTER 625 OF THE LAWS
OF 1961 RELATING TO THE CLEVELAND HILL HOSE COMPANY 6 BENEVOLENT
ASSOCIATION, IN RELATION TO ITS PURPOSE AND THE USE OF FOREIGN FIRE
36
NYS ASSEMBLY MAY 25, 2021
INSURANCE PREMIUM TAXES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 6746-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07033-A, RULES
REPORT NO. 134, BURDICK. AN ACT TO AUTHORIZE THE TOWN OF NEW
CASTLE, COUNTY OF WESTCHESTER, TO ALIENATE AND DISCONTINUE THE USE OF
CERTAIN PARKLANDS AND TO DEDICATE CERTAIN OTHER LANDS AS PARKLANDS.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
BURDICK, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. HOME RULE MESSAGE IS AT THE DESK. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6046-B. 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.)
37
NYS ASSEMBLY MAY 25, 2021
MR. BURDICK EXPLAIN HIS VOTE.
MR. BURDICK: I JUST WANT TO THANK THE SPEAKER FOR
ALLOWING THIS BILL TO COME TO THE FLOOR. IT'S VERY IMPORTANT TO THE TOWN
OF NEW CASTLE IN MY DISTRICT AND WILL PROVIDE FOR A VERY GOOD PASSAGE
THROUGH CREATING A PARKLAND PASSAGEWAY. SO I AGAIN WANT TO THANK THE
SPEAKER AND MY COLLEAGUES FOR ALLOWING THIS TO GO FORWARD. THANK
YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. BURDICK IN THE
AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
WOULD PLEASE CALL OUR COLLEAGUE, MR. BARRON, IN AS A NEGATIVE ON
ASSEMBLY BILL NO. 7033.
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. A07038-A, RULES
REPORT NO. 135, GALEF. AN ACT TO AMEND THE VILLAGE LAW AND THE
PUBLIC OFFICER'S LAW, IN RELATION TO AUTHORIZING BUILDING INSPECTORS,
FIRE INSPECTORS AND CODE ENFORCEMENT OFFICERS OF THE VILLAGE OF
BUCHANAN TO LIVE WITHIN WESTCHESTER COUNTY OR AN ADJOINING COUNTY.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
38
NYS ASSEMBLY MAY 25, 2021
THE VOTE ON ASSEMBLY PRINT 7038-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07096, RULES REPORT
NO. 136, FAHY. AN ACT TO AMEND THE REAL PROPERTY TAX LAW, IN
RELATION TO CONSERVATION EASEMENT AGREEMENT EXEMPTIONS IN CERTAIN
TOWNS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
FAHY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS ADVANCED.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 6469. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADERS AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. FAHY TO EXPLAIN HER VOTE.
MS. FAHY: THANK YOU, MR. SPEAKER. I JUST WANT TO
BRIEFLY EXPLAIN AND -- AND THANK THE SPEAKER FOR BRINGING THIS BILL
FORWARD. THIS IS TO ASSIST THE TOWN OF GUILDERLAND, VERY SIMILAR TO A
39
NYS ASSEMBLY MAY 25, 2021
BILL I DID FOR THE TOWN OF BETHLEHEM. WHAT THIS IS IS TO REALLY ASSIST
TOWNS IN MY DISTRICT THAT HAVE SOME SERIOUS PRESSURES ON DEVELOPMENT,
SUCH THAT THEY CAN WORK WITH DEVELOPERS, WORK WITH SMALL FARMERS
WHO FEEL THAT DEVELOPMENT PRESSURE, AND ENCOURAGE SMART GROWTH AS
WELL AS WORK WITH FARMERS WHO MAY ACTUALLY WANT TO PRESERVE THEIR
LANDS IN THESE RAPIDLY GROWING COMMUNITIES, YET KEEP IT OFF THE TAX
ROLLS FOR DECADES TO COME, ASSUMING THAT THEY DO DECIDE NOT TO DEVELOP
THE LAND. SO IT'S -- IT'S A SMART GROWTH, IT'S GOOD FOR THE ENVIRONMENT,
AND GOOD FOR OUR TOWNS IN THIS REGION TO WORK WITH THEIR COMMUNITIES,
WITH THEIR FARMERS AND DEVELOPERS TO ENCOURAGE SMART GROWTH AND
WHAT'S ALSO GOOD FOR OUR CLIMATE. SO THANK YOU AGAIN FOR THE SUPPORT
FOR THIS BILL, MR. SPEAKER, AND WITH THAT I VOTE IN SUPPORT.
ACTING SPEAKER AUBRY: MS. FAHY IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07168, RULES REPORT
NO. 137, PICHARDO. AN ACT TO AMEND THE LOCAL FINANCE LAW AND
CHAPTER 419 OF THE LAWS OF 1991, AMENDING THE LOCAL FINANCE LAW
AND OTHER LAWS RELATING TO PROVIDING RELIEF TO LOCAL GOVERNMENTS FOR
CERTAIN MANDATED PROGRAMS AND SERVICES, IN RELATION TO LOCAL
GOVERNMENT BORROWING PRACTICES AND MANDATE RELIEF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
40
NYS ASSEMBLY MAY 25, 2021
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7168. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07204, RULES REPORT
NO. 138, ABBATE. AN ACT TO AMEND THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK, IN RELATION TO THE TAX-DEFERRED ANNUITY PROGRAM OF
THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM.
ACTING SPEAKER AUBRY: ON A MOTION BY MR.
ABBATE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 5728-A. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07288, RULES REPORT
41
NYS ASSEMBLY MAY 25, 2021
NO. 139, CONRAD. AN ACT TO AMEND CHAPTER 413 OF THE LAWS OF 2003
AMENDING THE LABOR LAW RELATING TO THE SELF-EMPLOYMENT ASSISTANCE
PROGRAM AND OTHER MATTERS, IN RELATION TO EXTENDING THE EFFECTIVENESS
THEREOF.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07397, RULES REPORT
NO. 140, SILLITTI, ENGLEBRIGHT, BURDICK. AN ACT TO AMEND THE
ENVIRONMENTAL CONSERVATION LAW, IN RELATION TO WATER POLLUTION
CONTROL REVOLVING FUND AGREEMENTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT A-7397. 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.)
ACTING SPEAKER CUSICK: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07398, RULES REPORT
NO. 141, JACKSON. AN ACT TO AMEND THE LOCAL FINANCE LAW, IN RELATION
TO THE SALE OF BONDS AND NOTES OF THE CITY OF NEW YORK, THE ISSUANCE OF
BONDS OR NOTES WITH VARIABLE RATES OR INTEREST, INTEREST RATE EXCHANGE
42
NYS ASSEMBLY MAY 25, 2021
AGREEMENTS OF THE CITY OF NEW YORK, AND THE REFUNDING OF BONDS; TO
AMEND CHAPTER 868 OF THE LAWS OF 1975 CONSTITUTING THE NEW YORK
STATE FINANCIAL EMERGENCY ACT FOR THE CITY OF NEW YORK, IN RELATION
TO A PLEDGE AND AGREEMENT OF THE STATE; AND TO AMEND CHAPTER 142 OF
THE LAWS OF 2004, AMENDING THE LOCAL FINANCE LAW RELATING TO
INTEREST RATE EXCHANGE AGREEMENTS OF THE CITY OF NEW YORK AND
REFUNDING BONDS OF SUCH CITY, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER CUSICK: ON A MOTION BY MS.
JACKSON, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07484, RULES REPORT
NO. 142, GONZÁLEZ-ROJAS, L. ROSENTHAL, BARRON. AN ACT TO AMEND
CHAPTER 74 OF THE LAWS OF 2007 AMENDING THE PENAL LAW, THE
CRIMINAL PROCEDURE LAW, THE CORRECTION LAW, THE SOCIAL SERVICES LAW
AND THE EXECUTIVE LAW RELATING TO HUMAN TRAFFICKING, IN RELATION TO
EXTENDING THE INTERAGENCY TASK FORCE ON HUMAN TRAFFICKING.
(PAUSE)
ACTING SPEAKER CUSICK: ON A MOTION BY MS.
GONZÁLEZ-ROJAS, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL
IS ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON SENATE 6696. 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.
43
NYS ASSEMBLY MAY 25, 2021
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. I'M GLAD TO SUPPORT
THE INTERAGENCY TASK FORCE ON HUMAN TRAFFICKING, I JUST NOTE,
HOWEVER, THAT IT'S HARD TO SEE WHETHER THEY HAVE DONE ANYTHING IN
TERMS OF ACTUALLY ACCOMPLISHING ANYTHING AND IT WOULD BE NICE TO HAVE
REPORTS. IT'S MY UNDERSTANDING THE LAST REPORT WE GOT FROM THIS TASK
FORCE WAS SEVERAL YEARS AGO. SO I -- I SUPPORT IT AND I WOULD
ENCOURAGE THEM TO ACTUALLY SEE WHAT THEY CAN DO TO ACCOMPLISH
POSITIVE RESULTS. THANK YOU, SIR.
ACTING SPEAKER CUSICK: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
CONGRATULATIONS ON YOUR FIRST BILL.
(APPLAUSE)
THE CLERK: ASSEMBLY NO. A07500, RULES REPORT
NO. 143, MCDONALD, GALEF, THIELE, DICKENS, DAVILA, ABINANTI,
JACKSON. AN ACT TO AMEND THE EXECUTIVE LAW, IN RELATION TO A REPORT
BY THE DIVISION FOR SMALL BUSINESS; AND TO AMEND CHAPTER 731 OF THE
LAWS OF 2019 AMENDING THE EXECUTIVE LAW RELATING TO REGULATORY FINES
FOR SMALL BUSINESSES, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
44
NYS ASSEMBLY MAY 25, 2021
RECORD THE VOTE ON ASSEMBLY 7500. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, SIR. I'LL BE SUPPORTING
THIS BILL THAT CONTINUES PROVIDING REPORTS FOR SMALL BUSINESS CURE
OPPORTUNITIES IF THERE IS A TECHNICAL VIOLATION OF OUR RULES AND
REGULATIONS, AND I THINK IT'S GREAT TO LET OUR SMALL BUSINESSES KNOW HOW
THEY CAN CURE THOSE VIOLATIONS. I WOULD NOTE, HOWEVER, THAT THE
ORIGINAL LAW PROVIDED A VERY, VERY SHORT TIME FRAME, ONLY ABOUT TWO
WEEKS FOR ALLOWING THESE CURE OPPORTUNITIES. AND IF WE WANT TO BE
MORE BUSINESS FRIENDLY, WE OUGHT TO REEXAMINE THAT AND INCREASE THAT
CURE PERIOD. THANK YOU, SIR.
ACTING SPEAKER CUSICK: ARE THERE ANY OTHER
VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07501, RULES REPORT
NO. 144, STIRPE. AN ACT TO AMEND THE ECONOMIC DEVELOPMENT LAW, IN
RELATION TO EXTENDING THE REPORTING DEADLINE OF THE ADVISORY PANEL ON
EMPLOYEE-OWNED ENTERPRISES, AND TO AMEND CHAPTER 435 OF THE LAWS
OF 2017, AMENDING THE ECONOMIC DEVELOPMENT LAW, RELATING TO
ESTABLISHING AN ADVISORY PANEL ON EMPLOYEE-OWNED ENTERPRISES WITHIN
45
NYS ASSEMBLY MAY 25, 2021
THE DIVISION OF SMALL BUSINESS SERVICES, IN RELATION TO THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A-7501. 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'S OFFICE AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07546, RULES REPORT
NO. 145, PERRY. AN ACT TO AMEND CHAPTER 479 OF THE LAWS OF 2011,
AMENDING THE TAX LAW RELATING TO ESTABLISHING THE TAXPAYER REFUND
CHOICE ACT AND AFFIRMING THE RIGHT OF STATE RESIDENTS TO RECEIVE PERSONAL
INCOME TAX REFUNDS BY PAPER CHECK AND REQUIRING THE DEPARTMENT OF
TAXATION AND FINANCE TO FULLY DESCRIBE ANY DEBIT CARD OR DIRECT DEPOSIT
PROGRAM, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A-7546. THIS IS A FAST ROLL CALL. ANY MEMBER WHO
WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
46
NYS ASSEMBLY MAY 25, 2021
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07552, RULES REPORT
NO. 146, PAULIN, DICKENS, OTIS. AN ACT TO AMEND CHAPTER 333 OF THE
LAWS OF 2018 AMENDING THE GENERAL BUSINESS LAW RELATING TO THE
ONE-CALL NOTIFICATION SYSTEM, IN RELATION TO MAKING SUCH PROVISIONS
PERMANENT; AND TO REPEAL CERTAIN PROVISIONS OF SUCH CHAPTER RELATING
THERETO.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A-7552. THIS IS A FAST ROLL CALL. ANY MEMBER WHO
WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADERS AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07569, RULES REPORT
NO. 147, HUNTER. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION
LAW, IN RELATION TO EXTENDING THE AUTHORITY OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION TO MANAGE DEER AND BEAR; AND TO AMEND
47
NYS ASSEMBLY MAY 25, 2021
CHAPTER 600 OF THE LAWS OF 1993, AMENDING THE ENVIRONMENTAL
CONSERVATION LAW RELATING TO THE MANAGEMENT OF DEER, IN RELATION TO
THE EFFECTIVENESS OF SUCH CHAPTER.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A-7569. THIS IS A FAST ROLL CALL. ANY MEMBER WHO
WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CALL THE MAJORITY
OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, IF YOU
COULD RECORD OUR COLLEAGUES MS. WEINSTEIN AND MS. ROSENTHAL IN THE
NEGATIVE ON THIS ONE.
ACTING SPEAKER CUSICK: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07574, RULES REPORT
NO. 148, CONRAD. AN ACT TO AMEND CHAPTER 84 OF THE LAWS OF 2010,
AMENDING THE ENVIRONMENTAL CONSERVATION LAW RELATING TO THE
MANAGEMENT OF MIGRATORY GAME BIRDS, IN RELATION TO EXTENDING THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
48
NYS ASSEMBLY MAY 25, 2021
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A-7574. THIS IS A FAST ROLL CALL. ANY MEMBER WHO
WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07577, RULES REPORT
NO. 149, STIRPE. AN ACT TO AMEND CHAPTER 448 OF THE LAWS OF 2017,
AMENDING THE CANAL LAW RELATING TO THE UPSTATE FLOOD MITIGATION
TASK FORCE, IN RELATION TO EXTENDING THE EFFECTIVENESS THEREOF.
ACTING SPEAKER CUSICK: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER CUSICK: THE CLERK WILL
RECORD THE VOTE ON A-7577. THIS IS A FAST ROLL CALL. ANY MEMBER WHO
WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBER PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH TO EXPLAIN YOUR VOTE.
MS. WALSH: THANK YOU. I'LL DEFINITELY SUPPORT THIS
BILL. I WOULD JUST NOTE THAT WHEN THE ORIGINAL LAW WAS PASSED, IT WAS IN
RESPONSE TO GOVERNOR CUOMO DECLARING A STATE OF EMERGENCY AS A
RESULT OF FLOODING ALONG THE LAKE ONTARIO SOUTHERN SHORE IN WESTERN
NEW YORK. AND EVEN FOR SEVERAL YEARS PRIOR TO ITS PASSAGE, UPSTATE
49
NYS ASSEMBLY MAY 25, 2021
HAD EXPERIENCED SOME OF THE WORST FLOODING IN HISTORY. ACCORDING TO
THE SPONSOR, THIS TASK FORCE THAT WAS CALLED FOR IN THE ORIGINAL
LEGISLATION WAS NEVER FORMED. THE BILL WAS PASSED IN 2017 AND THAT'S
WHY WE NEED TO DO THIS EXTENDER. SO YOU KNOW, FOUR YEARS PASSED AND
THE TASK FORCE WAS NEVER EVEN CREATED, LET ALONE WORK ON A REPORT WITH
RECOMMENDATIONS. I MEAN, I JUST THINK THAT THAT'S UNACCEPTABLE. SO OF
COURSE I'LL SUPPORT THIS EXTENDER, WE NEED TO GET THIS WORK DONE, IT'S
IMPORTANT, I JUST THINK THAT FOR FOUR YEARS TO GO BY AND TO HAVE THE TASK
FORCE NOT EVEN CREATED IS REALLY KIND OF SAD.
ACTING SPEAKER AUBRY: MS. WALSH IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07607, RULES REPORT
NO. 150, KELLES. AN ACT TO AMEND THE ENVIRONMENTAL CONSERVATION
LAW, IN RELATION TO EXTENDING THE AUTHORITY OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION TO MANAGE SCALLOPS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7607. 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.)
50
NYS ASSEMBLY MAY 25, 2021
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07656, RULES REPORT
NO. 151, L. ROSENTHAL. AN ACT TO AMEND CHAPTER 436 OF THE LAWS OF
1997, CONSTITUTING THE WELFARE REFORM ACT OF 1997, IN RELATION TO
EXTENDING THE CURRENT EXEMPTIONS OF INCOME AND RESOURCES FOR PUBLIC
ASSISTANCE PROGRAMS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
AT THE REQUEST OF THE SPONSOR, RULES REPORT NO. 152,
BILL NO. A07695, THE BILL IS STARRED.
THE CLERK: ASSEMBLY NO. A07710, RULES REPORT
NO. 153, ENGLEBRIGHT. AN ACT TO AMEND THE ENVIRONMENTAL
CONSERVATION LAW, IN RELATION TO THE REGULATION OF TAKING CRABS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7710. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
51
NYS ASSEMBLY MAY 25, 2021
MRS. PEOPLES-STOKES: MR. SPEAKER AND MY
COLLEAGUES, WE ARE MOVING ALONG AT A VERY NICE PACE. WE ARE GOING TO
GO TO OUR DEBATE LIST NOW. WE'RE GOING TO START WITH THE FIRST FIVE THAT
WE WILL DO AND WE'LL GO BACK AND ATTEMPT TO DO FIVE TO SIX MORE. SO LET
US START, IF WE COULD, WITH CALENDAR NO. 380, ASSEMBLY BILL NO. 7023
BY MR. ABBATE; AND THEN WE'LL GO TO CALENDAR NO. 308, ASSEMBLY BILL
NO. 4060 BY MR. ABBATE; AND THEN CALENDAR NO. 358, ASSEMBLY BILL
NO. 4077 BY MR. ABBATE; AND THEN CALENDAR NO. 310, ASSEMBLY BILL
NO. 4125 WHICH IS ALSO BY MR. ABBATE. FOLLOWING THAT, WE'LL GO
DIRECTLY TO CALENDAR NO. 259, ASSEMBLY BILL NO. 5678 - THAT'S A NICE
RING, 5-6-7-8 - AND IT IS NUMBER FIVE AND IT WILL BE DEBATED BY MS.
JOYNER.
ACTING SPEAKER AUBRY: PAGE 29, CALENDAR
NO. 380, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A07023, CALENDAR NO.
380, ABBATE. AN ACT TO AMEND CHAPTER 929 OF THE LAWS OF 1986
AMENDING THE TAX LAW AND OTHER LAWS RELATING TO THE METROPOLITAN
TRANSPORTATION AUTHORITY, IN RELATION TO EXTENDING CERTAIN PROVISIONS
THEREOF APPLICABLE TO THE RESOLUTION OF LABOR DISPUTES.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: ONE OF THE CHALLENGES WE ALWAYS
HAVE AS THE LEGISLATURE IS BALANCING OUR FIDUCIARY DUTY WITH THE
52
NYS ASSEMBLY MAY 25, 2021
TAXPAYERS WITH A DESIRE TO BE FAIR AND EQUITABLE TO EVERYONE. THE NEXT
SEVERAL BILLS EITHER EXTEND OR IMPOSE BINDING ARBITRATION ON A NUMBER
OF DIFFERENT ENTITIES. AND AT FIRST FLUSH IF YOU'RE NOT FAMILIAR WITH HOW
LABOR NEGOTIATIONS GO, YOU MIGHT SAY, WELL, BINDING ARBITRATION IS GREAT.
IF YOU HAVE TWO PARTIES THAT CAN'T AGREE, YOU BRING IN BINDING
ARBITRATION, THEY MAKE AN INDEPENDENT DECISION. SOUNDS GOOD IN
THEORY, BUT THAT'S NOT ACTUALLY WHAT HAPPENS. UNLIKE A JUDGE WHO
MAKES THE DECISION THAT GOES ONE WAY OR THE OTHER OR SOMEWHERE IN
BETWEEN, AND BINDING ARBITRATION ALMOST ALWAYS RESULTS IN SPLITTING THE
DIFFERENCE. AND THERE'S A VERY GOOD REASON WHY THEY SPLIT THE
DIFFERENCE REGARDLESS OF THE MERITS, AND THAT IS IF YOU'RE AN ARBITRATOR
AND YOU RULE AGAINST THE EMPLOYER AND YOU GIVE EVERYTHING THAT THE
EMPLOYEES WANT, THE EMPLOYER WILL NEVER HIRE YOU AGAIN BECAUSE IT'S
LIKE DOUBLE ELIMINATION AND SO YOU ARE OUT OF A JOB FOREVER. ON THE
OTHER HAND, IF YOU GIVE EVERYTHING THAT THE -- THAT THE EMPLOYER WANTS,
WELL, SAME THINGS HAPPENS, YOU'LL BE BLACK BALLED BY THE UNIONS.
AND SO WHAT HAPPENS ON BINDING ARBITRATIONS, RATHER
THAN FOCUS ON FINDING THE RIGHT SOLUTION THAT BALANCES THE NEEDS OF OUR
PUBLIC ENTITIES THAT CHARGE US IN FARES FOR THE COST OF THEIR -- THEIR
EMPLOYEES, AND BALANCING THAT AGAINST THE NEED TO HAVE HIGH-QUALITY
EMPLOYEES EARNING A REASONABLE RATE, THESE ARBITRATORS ALMOST
INVARIABLY SPLIT THE DIFFERENCE. NOW I KNOW THERE ARE SOME OF YOU
WHO ARE SAYING, OH, WAIT A MINUTE, WHAT ABOUT KING SOLOMON.
REMEMBER WHEN HE SAID, I'M GOING TO SPLIT THE BABY? WELL, YOU GOT TO
READ A LITTLE BIT MORE IN THE BIBLE BECAUSE WHAT HAPPENED IS WHEN
53
NYS ASSEMBLY MAY 25, 2021
KING SOLOMON SAID THAT, THE REAL MOTHER SAID, DON'T KILL MY BABY. I
WOULD RATHER IT WAS RAISED BY SOMEBODY ELSE THAN TO SEE MY FLESH AND
BLOOD KILLED. AND THEN KING SOLOMON AWARDED THE BABY TO THE
MOTHER. SO THE PROBLEM YOU HAVE IS THAT ARBITRATORS NEVER SEEK THE
RIGHT DECISION, THEY SEEK A COMPROMISE, SOMEWHERE IN BETWEEN.
THE SECOND PROBLEM IS THIS APPROACH ENGENDERS GAME
PLAYING. AND SO THIS IS HOW IT WORKS. THE EMPLOYER WALKS IN AND IF
THE EMPLOYER'S WORRIED ABOUT BINDING ARBITRATION, THE EMPLOYER OFFERS
ZERO, EVEN THOUGH THE EMPLOYER MIGHT REASONABLY BELIEVE THAT A WAGE
INCREASE MIGHT AND SHOULD BE MUCH HIGHER. AND THEN AT THE SAME
TIME, THE UNION WALKS IN WITH A MUCH HIGHER REQUEST, EVEN THOUGH THE
UNION LEADERSHIP ITSELF RECOGNIZES THAT A LOWER AMOUNT SHOULD BE
APPROPRIATE. AND SO RATHER THAN FOSTER A THOUGHTFUL DISCUSSION AND
NEGOTIATION, BINDING ARBITRATION DOES THE OPPOSITE AND IT RESULTS IN
MUCH HIGHER COSTS FOR ALL THE RATEPAYERS WHO ARE RIDING ON THE MTA,
ASSUMING THE MTA EVENTUALLY RAISES ITS RATES, OR THE NIAGARA FRONTIER
BUSES, OR WHATEVER ENTITY IS INVOLVED.
NOW SOME OF YOU MAY BE WONDERING, WELL, IF WE
DON'T HAVE BINDING ARBITRATION, HOW DO WE SETTLE WAGE DISPUTES? THE
ANSWER IS THE PUBLIC EMPLOYEES RELATION BOARD, PERB, HAS VERY
SKILLED MEDIATORS, AND THOSE MEDIATORS CAN'T FORCE A SETTLEMENT DOWN
THE THROAT OF EITHER THE UNION OR THE EMPLOYER. BUT THEY ARE VERY
SKILLED IN WORKING ON GETTING SETTLEMENTS. INSTEAD OF USING ARBITRATORS
WHO MAY BE OUT OF THE AREA, WHO MAY FLY IN, WHO BEAR NO
RESPONSIBILITY FOR THE FINANCIAL RAMIFICATIONS THAT OCCUR BASED ON THEIR
54
NYS ASSEMBLY MAY 25, 2021
DECISION, WE SHOULD FOCUS ON MEDIATION. AND WE SHOULD RECOGNIZE
THAT THE EMPLOYER HAS A LEGITIMATE INTEREST, BOTH IN KEEPING RATES
REASONABLE FOR OUR CUSTOMERS AND OUR TRANSIT RIDERS, AND MAKING SURE
THEY HAVE GOOD EMPLOYEES.
NOW ALL OF US I THINK ARE CONCERNED ABOUT THE COST OF
LIVING IN NEW YORK STATE. ALL OF US WANT NEW YORK STATE TO BE MORE
AFFORDABLE, AND IF WE WANT NEW YORK STATE TO BE MORE AFFORDABLE, WE
SHOULD NOT REMOVE THE FINAL DECISION FROM THE PARTIES AND GIVE THAT
FINAL DECISION TO SOME THIRD PARTY THAT HASN'T BEEN SELECTED TO RUN THE
ORGANIZATION AND DOESN'T WORK FOR THE ORGANIZATION AND JUST COMES IN
TO ACTUATE, SPLIT THE BABY IN DIRECT CONTRAVENTION OF KING SOLOMON'S
ADVICE.
AND SO FOR THAT REASON, I AND SEVERAL OF MY COLLEAGUES
WILL BE VOTING AGAINST IT, BUT I KNOW IT CERTAINLY HAS AN ATTRACTION ON ITS
SURFACE TO EXTEND BINDING ARBITRATION. THANK YOU, SIR.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7023. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. IN ADDITION TO
THOSE VOTING NO ON THE FLOOR, PLEASE RECORD MR. ASHBY IN THE NEGATIVE
55
NYS ASSEMBLY MAY 25, 2021
ALONG WITH MS. BYRNES, MR. DIPIETRO, MR. FITZPATRICK, MR. HAWLEY,
AND MR. MONTESANO. 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 23, CALENDAR NO. 308, THE CLERK WILL READ.
THE CLERK: SENATE NO. S04897, CALENDAR NO.
308, SENATOR GOUNARDES (ABBATE--A04060). AN ACT TO AMEND THE
CIVIL SERVICE LAW, IN RELATION TO EMPLOYEES CLASSIFIED AS THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SUPERIOR OFFICERS
BENEVOLENT ASSOCIATION OF AN MTA-EMPLOYER AND THE RESOLUTION OF
DISPUTES IN THE COURSE OF COLLECTIVE NEGOTIATIONS.
ACTING SPEAKER AUBRY: MR. GOODELL. OH,
NO?
MR. GOODELL: THANK YOU, SIR. THIS IS ANOTHER
BINDING ARBITRATION PROVISION THAT APPLIES, IN THIS CASE, TO THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY. AND ONCE AGAIN, IT
ELIMINATES THE BALANCING ACT THAT MANAGEMENT EMPLOYEES HAVE WHEN
THEY NEGOTIATE AND REPLACE IT WITH A MANDATORY BINDING DECISION MADE
BY THIRD-PARTIES WHO ARE NEITHER IN MANAGEMENT NOR EMPLOYEES. AND
IT WILL UNDOUBTEDLY END UP DRIVING UP OUR COSTS FOR THOSE CONSUMERS
WHO LIKE TO USE THE TRIBOROUGH BRIDGE AND TUNNEL, AND I'M INTERESTED
IN DOING EVERYTHING I CAN TO MAXIMIZE THE AFFORDABILITY OF LIVING IN
NEW YORK STATE, AND THAT MEANS ENCOURAGING PEOPLE TO USE MEDIATION
56
NYS ASSEMBLY MAY 25, 2021
RATHER THAN ARBITRATION. THANK YOU, SIR.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 4897. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD THE
FOLLOWING COLLEAGUES VOTING NO ON THIS LEGISLATION: MS. BYRNES, MR.
DIPIETRO, MR. FITZPATRICK, MR. FRIEND, MR. HAWLEY, AND MR. SIMPSON.
ACTING SPEAKER AUBRY: MR. TAGUE TO EXPLAIN
HIS VOTE.
MR. TAGUE: YES, MR. SPEAKER. PLEASE ALSO PUT ME
DOWN AS A NO VOTE, IN THE NEGATIVE ON THIS, AS WELL.
ACTING SPEAKER AUBRY: OUR PLEASURE. MR.
TAGUE IN THE NEGATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 27, CALENDAR NO. 358, THE CLERK WILL READ.
THE CLERK: SENATE NO. S03537, RULES REPORT NO.
358, SENATOR KENNEDY (ABBATE--A04077). AN ACT TO AMEND THE CIVIL
SERVICE LAW, IN RELATION TO RESOLUTION OF DISPUTES IN THE COURSE OF
57
NYS ASSEMBLY MAY 25, 2021
COLLECTIVE NEGOTIATIONS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: THIS BILL WOULD EXTEND BINDING
ARBITRATION FOR THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY, WHICH IS
THE NFTA, THE ROCHESTER-GENESEE REGIONAL TRANSPORTATION AUTHORITY,
THE CAPITAL DISTRICT TRANSPORTATION AUTHORITY AND THE CENTRAL NEW
YORK REGION TRANSPORTATION AUTHORITY. THE BILL IS OPPOSED BY THE
NEW YORK PUBLIC TRANSIT ON BEHALF OF THE NIAGARA FRONTIER
TRANSPORTATION AUTHORITY, THE ROCHESTER-GENESEE TRANSPORTATION
AUTHORITY, THE CAPITAL DISTRICT TRANSPORTATION AUTHORITY, AND THE
CENTRAL NEW YORK TRANSPORTATION AUTHORITY, AND THEY ALL OPPOSE IT ON
THE GROUNDS THAT THIS UNDERMINES THEIR BARGAINING ABILITY WHICH
ULTIMATELY DRIVES UP LABOR COSTS, INCREASES OPERATING DEFICITS AND HURTS
NEW YORK TAX -- TAXPAYERS. BECAUSE THIS BILL HAD 31 NO VOTES THE LAST
TIME IT WAS PRESENTED, THIS WILL BE A PARTY VOTE IN THE NEGATIVE. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
THE CLERK WILL RECORD THE VOTE ON SENATE PRINT 3537.
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.
MRS. PEOPLES-STOKES: MR. SPEAKER, OUR
58
NYS ASSEMBLY MAY 25, 2021
COLLEAGUES ARE GENERALLY GOING TO BE IN THE AFFIRMATIVE ON THIS ONE;
HOWEVER, IF THERE ARE COLLEAGUES THAT DESIRE TO BE AN EXCEPTION, THEY
SHOULD CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL BE PLEASED TO
RECORD YOUR VOTE.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. AS MENTIONED, THIS
WILL BE A PARTY VOTE IN THE NEGATIVE ON BEHALF OF THE REPUBLICAN
CONFERENCE, BUT THOSE WHO SUPPORT THE LEGISLATION ARE ENCOURAGED TO
CALL THE MINORITY LEADER'S OFFICE SO WE CAN RECORD YOUR VOTE PROPERLY.
THANK YOU, SIR.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE
AFFIRMATIVE VOTES ON THE FLOOR, PLEASE RECORD THE FOLLOWING IN THE
AFFIRMATIVE: MR. BRABENEC, MR. GANDOLFO, MR. MIKE LAWLER, MR.
MIKULIN --
ACTING SPEAKER AUBRY: ONE MINUTE.
PROCEED.
MR. GOODELL: -- MR. MILLER, MR. SCHMITT, AND
MR. SMITH. 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 23, CALENDAR NO. 310, THE CLERK WILL READ.
59
NYS ASSEMBLY MAY 25, 2021
THE CLERK: ASSEMBLY NO. A04125, CALENDAR NO.
310, ABBATE, J.D. RIVERA, LUNSFORD, SILLITTI. AN ACT TO AMEND THE CIVIL
SERVICE LAW, THE PUBLIC AUTHORITIES LAW AND THE MILITARY LAW, IN
RELATION TO SUSPENSION OR DEMOTION UPON THE ABOLITION OR REDUCTION OF
POSITIONS FOR LABOR CLASS AND NONCOMPETITIVE TITLES; AND TO REPEAL
SECTION 80-A OF THE CIVIL SERVICE LAW RELATING THERETO.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MR. ABBATE, WILL YOU
YIELD?
MR. ABBATE YIELDS.
MR. GOODELL: THANK YOU, MR. ABBATE. SINCE
WE'RE DOING ALL THESE BILLS FOR YOU, I THOUGHT IT WAS ONLY APPROPRIATE I'D
GIVE YOU AN OPPORTUNITY TO YOU STAND AND STRETCH YOUR LEGS.
MR. ABBATE: THANK YOU VERY MUCH. I APPRECIATE
IT.
MR. GOODELL: NOW, WHAT THIS BILL DOES, AS I
UNDERSTAND IT, IT WOULD EXPAND THE CIVIL SERVICE LAW SENIORITY
PROVISIONS TO REQUIRE EMPLOYEES IN THE NONCOMPETITIVE AND IN THE LABOR
CLASSES TO BE LAID OFF IN -- BASED ON SENIORITY.
MR. ABBATE: TO BE -- TO BE CHARACTERIZED AND TO
BE IN THE SAME SITUATION AS ALL OTHER EMPLOYEES.
MR. GOODELL: IS THERE ANYTHING UNDER CURRENT LAW
THAT PROHIBITS A MUNICIPALITY FROM NEGOTIATING THOSE PROVISIONS IN A
60
NYS ASSEMBLY MAY 25, 2021
COLLECTIVE BARGAINING AGREEMENT?
MR. ABBATE: I DON'T THINK THERE'S ANYTHING IN
CURRENT LAW. IT DOESN'T SEEM LIKE ANY OF THEM ARE WILLING TO DO THAT.
THIS WOULD BASICALLY STATE, AS IN ALL OTHER CATEGORIES, YOU KNOW, YOU'VE
HEARD IT MANY TIMES BEFORE AND SOME OF MY NEWER COLLEAGUES, THOSE
WHO WERE FIRST HIRED, YOU KNOW, THE LONGEST ON THE JOB ARE USUALLY --
GOD FORBID YOU HAVE TO LAY OFF PEOPLE LAST, AND WHEN YOU HIRE BACK,
YOU HIRE THOSE PEOPLE BACK WHO HAVE THE LONGEST SENIORITY. WE'RE
TRYING TO JUST EXPAND THAT TO ALL CLASSES OF WORKERS IN THE STATE.
MR. GOODELL: THANK YOU, MR. ABBATE FOR
EXPLAINING THAT.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: UNDER CURRENT LAW, IT'S UP TO A LOCAL
GOVERNMENT TO NEGOTIATE A COLLECTIVE BARGAINING AGREEMENT THAT CAN
DEFINE THAT NONCOMPETITIVE OR LABOR CLASSES ARE LAID OFF BASED STRICTLY
ON SENIORITY OR BASED ON OTHER FACTORS. AND IN MY COUNTY, I HAVE 18
SCHOOL DISTRICTS, 27 TOWNS, TWO CITIES, AND A HANDFUL OF VILLAGES, EACH
HEADED BY LOCAL ELECTED OFFICIALS THAT WERE ENTRUSTED BY THEIR LOCAL
RESIDENTS TO DO THE RIGHT THING. AND I'M CONCERNED THAT WE, IN THE
STATE, ARE PASSING A LAW THAT APPLIES ACROSS THE BOARD TO THOUSANDS OF
MUNICIPALITIES WITHOUT ANY KNOWLEDGE OR CONSIDERATION OF WHAT THEY
MIGHT WANT OR WHAT THEIR EMPLOYEES MIGHT WANT, OR EVEN WHAT THEY
MIGHT WANT TO COMPETITIVELY NEGOTIATE. I DON'T THINK IT'S THE RIGHT ROLE
61
NYS ASSEMBLY MAY 25, 2021
FOR THIS STATE TO SIT ON TOP OF OUR IVORY TOWER AND TELL THOUSANDS OF
LOCAL MUNICIPALITIES HOW THEY SHOULD OPERATE WHEN MOST OF US WOULD
HAVE A HARD TIME FINDING WHERE THOSE MUNICIPALITIES ARE ON A MAP. SO
LET'S LEAVE LOCAL DISCRETION WITH LOCAL OFFICIALS AND LET THEM MAKE THE
THOUGHTFUL DECISIONS THAT THEY WERE ELECTED TO MAKE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 4125. 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 LEGISLATION. THOSE WHO WOULD
LIKE TO SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S OFFICE
SO WE CAN PROPERLY RECORD YOUR VOTE. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THE
MAJORITY CONFERENCE WILL GENERALLY BE IN FAVOR OF THIS ONE; HOWEVER,
THERE MAY BE SOME OF OUR COLLEAGUES THAT WOULD LIKE TO BE AN
EXCEPTION. WE'RE PLEASED TO TAKE THEIR CALL IN THE MAJORITY LEADER'S
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NYS ASSEMBLY MAY 25, 2021
OFFICE SHOULD THEY DECIDE TO DO SO. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. IN ADDITION TO
THOSE VOTING IN THE AFFIRMATIVE ON THE FLOOR, PLEASE RECORD THE
FOLLOWING COLLEAGUES IN THE AFFIRMATIVE: MR. BRABENEC, MR. GANDOLFO,
MR. LAWLER, BRIAN MILLER, MS. MILLER, AND MR. SCHMITT. THANK YOU,
SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. JUST A LITTLE BIT OF A CHANGE IN OUR SCHEDULE HERE. SO WE'RE
GOING TO GO NEXT TO CALENDAR NO. 30, MR. GOTTFRIED, ASSEMBLY BILL NO.
126-A; FOLLOWED BY CALENDAR NO. 259, ASSEMBLY BILL NO. 5678 BY
MS. JOYNER; AND CALENDAR NO. 104, ASSEMBLY BILL NO. 2505 BY MS.
WEINSTEIN, AND ASKING COLLEAGUES' PATIENCE BECAUSE THERE WILL BE MORE
TO COME.
ACTING SPEAKER AUBRY: THANK YOU.
PAGE -- CALENDAR NO. 30, PAGE 6, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00126-A, CALENDAR
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NYS ASSEMBLY MAY 25, 2021
NO. 30, GOTTFRIED, ENGLEBRIGHT, THIELE, REYES, COLTON, L. ROSENTHAL,
CARROLL, DINOWITZ, GRIFFIN, STECK, JACOBSON, MCMAHON, CRUZ, GALEF,
ASHBY, EPSTEIN, MCDONALD, ABINANTI, BARRON, SAYEGH, HEVESI, FAHY,
ZEBROWSKI, CLARK, LEMONDES, LAWLER, ZINERMAN, OTIS, DESTEFANO,
FORREST, KELLES, SIMON, SEAWRIGHT, STERN, LUPARDO, PERRY, DURSO,
BURDICK. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
ESTABLISHING A LIST OF EMERGING CONTAMINANTS.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. GOTTFRIED.
MR. GOTTFRIED: YES. SO ABOUT FOUR YEARS AGO,
WE -- THE LEGISLATURE AND THE GOVERNOR TOLD THE HEALTH DEPARTMENT TO
PREPARE A LIST OF DRINKING WATER CONTAMINANTS AND TO THEN MAKE
REGULATIONS ABOUT THOSE CONTAMINANTS. FOUR YEARS LATER, THE
DEPARTMENT HAS YET TO CREATE SUCH A LIST AND BEING TIRED OF WAITING ON
THEM, THIS BILL CREATES THE FIRST LIST OF SOME SPECIFIED CHEMICALS, INVITES
THE DEPARTMENT TO ADD TO IT, AND TO THEN MAKE THE REGULATIONS THAT THEY
WERE SUPPOSED TO MAKE FOUR YEARS AGO.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
GOTTFRIED?
MR. GOTTFRIED: CERTAINLY.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. GOODELL: THANK YOU, MR. GOTTFRIED. I WAS
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NYS ASSEMBLY MAY 25, 2021
GOING TO ASK YOU TO READ THE LIST.
(LAUGHTER)
MR. GOTTFRIED: I THOUGHT YOU MIGHT.
MR. GOODELL: AND I COULDN'T PRONOUNCE ANY OF
THEM, WITH A FEW EXCEPTIONS, BUT... SO WHAT'S IT MEAN, UNDER THIS BILL,
THAT THESE PARTICULAR CHEMICALS ARE IDENTIFIED AS EMERGING
CONTAMINANTS; WHAT'S THAT ACTUALLY MEAN?
MR. GOTTFRIED: WELL, THAT MEANS THAT THEY ARE
CHEMICALS IN DRINKING WATER FOR WHICH THE HEALTH DEPARTMENT WOULD
SET REGULATIONS AS TO WHAT ARE CALLED ACTION LEVELS OF CONCENTRATIONS AT
WHICH A WATER SYSTEM MUST TAKE ACTION, AND ALSO TO MAKE REGULATIONS
AS TO WHAT, IF ANY, ACTION WOULD BE APPROPRIATE SUCH AS REMEDIATION OF
-- REMEDIATION WOULD BE APPROPRIATED IN SOME CIRCUMSTANCES, NOT IN
ALL. THESE CHEMICALS ARE ALL CHEMICALS THAT ARE LISTED AS HUMAN
HAZARDS BY THE FEDERAL EPA. I DON'T KNOW THAT ANYBODY THAT I KNOW OF
HAS EVER RAISED ANY QUESTION AS TO WHETHER THESE CHEMICALS REALLY DO
BELONG ON SUCH A LIST AND IF THE HEALTH DEPARTMENT WERE DOING ITS JOB,
WE WOULDN'T BE CONSIDERING THIS BILL BECAUSE THEY WOULD'VE ALREADY
DONE IT. BUT AS MEMBERS --
MR. GOODELL: SO IT'S YOUR VIEW THAT --
MR. GOTTFRIED: -- ON BOTH SIDES OF THE AISLE HAVE
OBSERVED ON ANY NUMBER OF TOPICS RELATING TO THE HEALTH DEPARTMENT IN
THE RECENT PAST, THEY'RE NOT ALWAYS ON THE TOP OF THEIR GAME, AND THIS IS
ONE OF THEM.
MR. GOODELL: SO IT'S YOUR -- YOUR VIEW THAT THE
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NYS ASSEMBLY MAY 25, 2021
HEALTH DEPARTMENT IS SIMPLY NOT DOING ITS JOB AS REQUIRED UNDER THE
EMERGING CONTAMINANT MONITORING ACT OF 2018?
MR. GOTTFRIED: EXACTLY.
MR. GOODELL: NOW, IT'S MY UNDERSTANDING THAT
THE HEALTH DEPARTMENT CURRENTLY REQUIRES PERIODIC TESTING FOR 30
UNREGULATED CONTAMINANTS FOR PUBLIC DRINKING WATER. DOESN'T THAT LIST
OF 30 CONTAMINANTS INCLUDE THESE?
MR. GOTTFRIED: I'M NOT FAMILIAR WITH THAT LIST, BUT
WHAT I CAN TELL YOU IS THAT THE CONTAMINANT LAW THAT WE PASSED FOUR
YEARS AGO HAS ITS OWN SET OF PROVISIONS AND IS SUPPOSED TO HAVE A LIST,
AND UNDER THIS BILL IT WILL NOW HAVE A LIST. THE CHEMICALS YOU'RE
TALKING ABOUT, I'M NOT SURE WHAT LIST THEY'RE ON OR WHAT THE
CONSEQUENCES OF BEING ON THAT LIST MIGHT BE.
MR. GOODELL: OF COURSE THE FEDERAL GOVERNMENT
HAS LONG BEEN INVOLVED IN THIS AND THEY HAVE THE SAFE DRINKING WATER
ACT REGULATED BY THE U.S. EPA. IS IT YOUR VIEW THAT THE FEDERAL
GOVERNMENT IS ALSO NOT DOING ITS JOB?
MR. GOTTFRIED: WELL, I'M NOT ENTIRELY SURE WHAT
ITS JOB IS. I'M NOT AN EXPERT ON WHAT THE -- WHAT EPA'S AUTHORITY IS. I
AM SURE THAT THEY ARE NOT DOING THIS JOB WHICH IS A JOB THAT FOUR YEARS
AGO THE LEGISLATURE AND THE GOVERNOR ASSIGNED TO THE HEALTH
DEPARTMENT. AND IN THE INTERVENING TIME, I'M NOT AWARE THAT ANYONE
HAS -- CERTAINLY I DON'T THINK ANYONE IN THE LEGISLATURE HAS SAID, OH MY
GOD, WHAT WE DID FOUR YEARS AGO, THAT WAS A MISTAKE. WE OUGHT TO
PULL BACK ON THAT. I DON'T THINK ANYBODY HAS SAID THAT. WHAT MANY
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NYS ASSEMBLY MAY 25, 2021
MEMBERS OF THE LEGISLATURE HAVE SAID IS EXPRESSING AT LEAST
DISSATISFACTION AT THE HEALTH DEPARTMENT FOR NOT DOING WHAT THIS
LEGISLATURE AND OUR GOVERNOR ORDERED THEM TO DO.
MR. GOODELL: OF COURSE THE LEGISLATION THAT WE
PASSED BACK IN 2017 AND '18 ESTABLISHED A PROCESS FOR DESIGNATING
THESE TYPES OF CHEMICALS, WHICH INCLUDED, OF COURSE, A COMPREHENSIVE
REVIEW OF AVAILABLE LITERATURE, A FORMAL RULE-MAKING PROCESS, PUBLIC
COMMENT. BUT THIS LEGISLATION BYPASSES ALL OF THAT, RIGHT? THERE WERE
NO PUBLIC HEARINGS ON THESE -- ON THIS LIST OF CONTAMINANTS WAS THERE?
MR. GOTTFRIED: WELL, YOU KNOW, I'M NOT SURE
WHETHER THE HEALTH DEPARTMENT MAY HAVE HELD HEARINGS ON THIS TOPIC.
IT IS QUITE CLEAR THAT THESE CHEMICALS ARE ALL CHEMICALS THAT ARE
APPROPRIATELY -- APPROPRIATE FOR THIS KIND OF LIST OFFICIALLY DESIGNATED
BY THE EPA. THEY ARE ALL CHEMICALS -- AND, BY THE WAY, WE PARED THE
BILL DOWN A COUPLE MONTHS AGO TO MAKE IT EVEN -- TO MAKE IT NARROWER.
THEY'RE ALL CHEMICALS THAT A VARIETY OF VERY COMPETENT AND
KNOWLEDGEABLE ENVIRONMENTAL GROUPS HAVE LONG ADVOCATED BEING PUT
ON THIS LIST. THEY'RE CHEMICALS THAT I THINK ANY NUMBER OF LEGISLATORS
HAVE BEEN HOLLERING ABOUT IN THEIR LOCALITIES BECAUSE THEY TURN UP IN
THEIR WATER. SO I DON'T KNOW THAT THERE IS ANYBODY WHO MAKES A CASE
THAT THESE CHEMICALS DON'T BELONG ON THAT LIST. AGAIN, THE ONLY REASON
WE HAVE THIS BILL IN FRONT OF US IS BECAUSE OF A HEALTH DEPARTMENT'S
FAILURE TO DO ITS JOB. WOULD IT HAVE BEEN BETTER IF THREE YEARS AGO THE
HEALTH DEPARTMENT HAD HELD HEARINGS, HAD THE WATER QUALITY COUNCIL
MEET AND DEBATE AND TALK ABOUT ALL OF THIS AND THEN PUT THESE CHEMICALS
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NYS ASSEMBLY MAY 25, 2021
ON A LIST? SURE, THAT WOULD HAVE BEEN A WHOLE LOT BETTER. BUT, YOU
KNOW, I'D LIKE TO HAVE THIS LIST GO FORWARD BEFORE, YOU KNOW, MY
GREAT-GRANDCHILDREN ARE DRINKING THE WATER.
MR. GOODELL: THANK YOU, MR. GOTTFRIED. I
APPRECIATE THAT EXPLANATION.
ON THE BILL, SIR.
MR. GOTTFRIED: THANK YOU.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. GOODELL: THIS LEGISLATION HAS A LONG LIST OF
CHEMICAL COMPOUNDS THAT, WITH FEW EXCEPTIONS, I CANNOT PRONOUNCE
AND I WOULD DOUBT THAT ANYONE IN THE LEGISLATURE FULLY UNDERSTANDS.
AND SO WE ARE BEING ASKED, AS LEGISLATORS, TO BAN CERTAIN PRODUCTS
WHEN WE HAVE NOT HAD ANY HEARINGS, WE HAVE NOT SOLICITED INPUT, WE
HAVE NOT REVIEWED ALL OF THE LITERATURE, AND NONE OF US, OR ALMOST NONE
OF US HAVE THE EXPERTISE OR EVEN THE ABILITY TO PRONOUNCE THESE
CHEMICALS. IT'S NOT OUR ROLE, AND IT SHOULD NOT BE OUR ROLE. OUR ROLE
WAS CORRECTLY EXERCISED IN 2017 WHEN WE ASKED THE HEALTH
DEPARTMENT TO DO THE RIGHT PROCESS, TO HOLD THOSE HEARINGS, TO EVALUATE
ALL THE LITERATURE, TO DO THE SCIENTIFIC STUDIES AND IMPLEMENT WHAT
CHEMICALS, IF ANY, SHOULD BE IDENTIFIED. ALL IN AN OPEN, PUBLIC SESSION.
ALL WITH THE OPPORTUNITY FOR PUBLIC COMMENT. ALL WITH A COST-BENEFIT
OPPORTUNITY. AND THIS SHORT CIRCUITS ALL OF IT AND IT ASKS ALL OF US TO
VOTE IN BANNING CERTAIN CHEMICALS THAT WE CAN'T EVEN PRONOUNCE AND,
MY GUESS, UNLESS YOU TRY TO READ THIS LIST, YOU'VE NEVER HEARD OF AND
NEVER WILL EVEN HEAR OF.
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NYS ASSEMBLY MAY 25, 2021
SO IF WE'RE CONCERNED WITH THE HEALTH DEPARTMENT,
IT'S NOT DOING ITS JOB, AND I SHARE MY COLLEAGUE'S DEEP CONCERN IN THAT
REGARD AS EVIDENCED BY MULTIPLE THINGS OVER THE LAST YEAR, OF COURSE,
BUT IT SEEMS THE RIGHT REMEDY IS FOR US AS THE LEGISLATURE TO HOLD
HEARINGS AND INVITE THE HEALTH DEPARTMENT AND REPRESENTATIVES FROM
WATER COMPANIES, FROM THE ENVIRONMENT, SCIENTISTS, AND EVERYONE ELSE
TO COME IN FRONT OF US IN A LEGISLATIVE HEARING SESSION AND EXPLAIN
WHAT'S GOING ON AND WHAT SHOULD BE GOING ON. NONE OF THAT HAPPENED
WITH THIS LEGISLATION.
SO I HAVE IN FRONT OF ME, BELIEVE IT OR NOT, A PROVISION
THAT SAYS -- TALKS ABOUT HUMILITY. IT SAYS, BE COMPLETELY HUMBLE. I'M
NOT READING THE REST OF THE QUOTE BECAUSE I RARELY COMPLY WITH THE REST
OF IT, BUT HUMILITY MEANS RECOGNIZING THAT THERE ARE OTHERS WITH A LOT
MORE EXPERTISE THAN US WHO OUGHT TO BE MAKING THOUGHTFUL, BALANCED
DECISIONS. THANK YOU, SIR.
ACTING SPEAKER AUBRY: MR. MANKTELOW.
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
WOULD THE SPONSOR YIELD FOR JUST A COUPLE QUESTIONS?
ACTING SPEAKER AUBRY: MR. GOTTFRIED, WILL
YOU YIELD?
MR. GOTTFRIED: YES.
ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS,
SIR.
MR. MANKTELOW: THANK YOU, SIR. I WAS JUST
WONDERING, WHO ACTUALLY PUT THIS LIST TOGETHER?
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NYS ASSEMBLY MAY 25, 2021
MR. GOTTFRIED: WHO ACTUALLY PUT THIS LIST
TOGETHER? WELL, MANY HANDS MADE LIGHT WORK. I AND MY STAFF DID A LOT
OF THE PUTTING TOGETHER OF IT. KELLY STEWART AT THE LEGISLATIVE BILL
DRAFTING COMMISSION ACTUALLY DID THE TYPING. THE SUGGESTED
CHEMICALS WERE PROVIDED TO US WITH APPROPRIATE REFERENCES TO THE
FEDERAL EPA LIST BY VARIOUS ENVIRONMENTAL GROUPS.
MR. MANKTELOW: SO DID THE ENVIRONMENTAL
GROUPS, THOSE ARE THE ONES THAT PROVIDED THE LIST TO YOU, SIR?
MR. GOTTFRIED: THEY -- THEY PROVIDED A LIST.
THEY ALSO PROVIDED REFERENCES TO EPA AND OTHER SOURCES THAT HAVE
SUCH A LIST. SO IT WASN'T JUST THEY MADE UP THE LIST AT A WHOLE THOUGHT,
THEY WERE SENDING US A LIST BASED ON EPA AND OTHER MATERIAL THAT THEY
SENT TO US AND THAT WE LOOKED AT. AND I DON'T KNOW THAT ANYBODY,
WHETHER THEY CAN PRONOUNCE THESE CHEMICALS OR NOT, AND I DON'T THINK
OUR -- OUR FLUENCY WITH CHEMICAL NAMES OR WHAT, YOU KNOW, WHETHER
WE TOOK A GRADUATE COURSE IN CHEMISTRY IS ALL THAT RELEVANT HERE, BUT I
DON'T KNOW THAT ANYBODY SERIOUSLY CONTENDS THAT YOU REALLY DON'T WANT
YOUR CHILDREN DRINKING THIS STUFF.
MR. MANKTELOW: YEAH, I -- I TOTALLY AGREE WITH
YOU.
MR. GOTTFRIED: THANK YOU.
MR. MANKTELOW: SO JUST ANOTHER QUESTION. SO
THE LIST OF CONTAMINANTS, WHERE ARE THEY COMING FROM?
MR. GOTTFRIED: WHERE ARE THE CHEMICALS COMING
FROM?
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NYS ASSEMBLY MAY 25, 2021
MR. MANKTELOW: YES, SIR.
MR. GOTTFRIED: A VARIETY OF PLACES. A LOT OF
THEM COME FROM INDUSTRIAL OPERATIONS, SOME OF THEM COME FROM, YOU
KNOW, IN THE AREAS AROUND A COUPLE OF MILITARY BASES; APPARENTLY SOME
OF THE CHEMICALS IN THE WATER COME FROM FIRE RETARDING FOAM THAT THEY
SPREAD ON AIR FIELDS AND -- AND -- AND THE LIKE. SO THE CHEMICALS COME
FROM A VARIETY OF PLACES IN OUR MODERN, INDUSTRIAL SOCIETY.
MR. MANKTELOW: SO IF WE -- IF WE MOVE
FORWARD AND WE GET THIS LIST OF CHEMICALS, WHAT ARE WE GOING TO DO
THEN WITH THE LIST OF CHEMICALS?
MR. GOTTFRIED: WHAT ARE WE THEN GOING TO DO?
MR. MANKTELOW: YES, SIR.
MR. GOTTFRIED: THE HEALTH DEPARTMENT,
ASSUMING THEY DO THEIR JOB, THE HEALTH DEPARTMENT WILL TAKE THIS LIST
AND MAKE REGULATIONS SPECIFYING CONTAMINATION LEVELS THAT CALL FOR
ACTION, AND THEY WILL -- AND THAT'S IN THE EXISTING LAW THAT WE ENACTED
FOUR YEARS AGO. THEY WOULD ALSO MAKE REGULATIONS AS TO WHAT THE
APPROPRIATE ACTIONS ARE, FOR EXAMPLE, IF A CHEMICAL IS CAPABLE OF BEING
REMEDIATED FROM THE GROUND WATER OR FROM DRINKING WATER, THEY WOULD
MAKE REGULATIONS ABOUT REMEDIATION. IF THERE'S NO WAY TO REMEDIATE
THAT IS REASONABLE, THEN THEY -- THEY WOULDN'T BE DOING THAT. THAT IS
PART OF THE JOB WE GAVE THEM FOUR YEARS AGO AND WOULD STILL BE THEIR
JOB IF THIS BILL PASSES. ALL THIS BILL DOES IS SAY, YOU'VE HAD FOUR YEARS
TO BEGIN BUILDING A LIST, YOU HAVEN'T PUT ANYTHING ON THE LIST. HERE'S
THE FIRST BATCH OF CHEMICALS ON THE LIST. AND BY THE WAY, I -- I HAVEN'T
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HEARD ANYBODY SUGGEST THAT THESE CHEMICALS REALLY DON'T BELONG ON
SUCH A LIST, IT'S JUST THAT THE HEALTH DEPARTMENT, EVERY TIME THEY WOULD
SCHEDULE A MEETING OF THE WATER QUALITY BOARD, IT WOULD GET
POSTPONED FOR FOUR YEARS WHILE OUR CHILDREN KEEP DRINKING THE WATER.
MR. MANKTELOW: SO YOU'RE -- YOU'RE THE CHAIR
OF THE HEALTH COMMITTEE, CORRECT?
MR. GOTTFRIED: I AM CHAIR OF THE HEALTH
COMMITTEE, YES.
MR. MANKTELOW: OVER THE LAST FOUR YEARS SEEING
THIS WAS GIVEN TO THE HEALTH DEPARTMENT, HOW MANY TIMES DID YOU
CONTACT THEM TO ASK THEM WHERE THE LIST WAS?
MR. GOTTFRIED: I'VE LOST COUNT. WE'VE SENT THEM
QUITE A FEW LETTERS AND MEMOS.
MR. MANKTELOW: ANY PERSONAL CONVERSATIONS?
MR. GOTTFRIED: ANY -- I'M SORRY.
MR. MANKTELOW: I'M SORRY. ANY PERSONAL
CONVERSATIONS WITH THE HEALTH DEPARTMENT?
MR. GOTTFRIED: I HAVE NOT, I DON'T KNOW WHETHER
ANYONE OF MY STAFF HAS TALKED TO PEOPLE IN THE DEPARTMENT, PROBABLY
BECAUSE THEY, YOU KNOW, THEY EVERY SO OFTEN COME UP WITH AN EXCUSE
LIKE, YOU KNOW, SORRY WE HAD TO CANCEL THIS WEEK'S MEETING BECAUSE
SOMETHING CAME UP, AND THEN FOR THE LAST SEVERAL MONTHS, OF COURSE,
IT'S, OH, THE WATER QUALITY PEOPLE CAN'T PULL A MEETING TOGETHER BECAUSE
WE'RE SO BUSY WITH COVID. I DON'T KNOW THAT THE WATER QUALITY PEOPLE
ARE INVOLVED WITH COVID, BUT THAT'S BEEN A RECENT EXCUSE. IT'S ALWAYS,
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NYS ASSEMBLY MAY 25, 2021
AS GILDA RADNER USED TO SAY, IT'S ALWAYS SOMETHING.
MR. MANKTELOW: YEAH, ESPECIALLY WITH COVID
GOING ON, ABSOLUTELY. SO IF WE DO GET THIS TOGETHER, THIS LIST IS ALL PUT
TOGETHER AND IT'S DIRECTING THE HEALTH DEPARTMENT TO LOOK INTO THIS, HOW
ARE WE GOING TO MAKE THAT HAPPEN? IF THEY COULDN'T EVEN COME UP
WITH A LIST, HOW ARE WE GOING TO HAVE THEM IMPLEMENT THE LIST?
MR. GOTTFRIED: I'M SORRY, YOUR LAST COUPLE OF
WORDS WERE MUFFLED; HOW ARE WE GOING TO...
MR. MANKTELOW: SORRY ABOUT THAT. HOW ARE WE
GOING TO HAVE THE HEALTH DEPARTMENT IMPLEMENT THIS LIST IF THEY
HAVEN'T EVEN HAD TIME TO -- TO MAKE THE LIST?
MR. GOTTFRIED: WELL, MAYBE THEY'LL FINALLY GET
THE MESSAGE AND (INAUDIBLE) NOW THAT WE WILL HAVE DONE THE FIRST PART
OF THEIR WORK FOR THEM. I CAN'T GUARANTEE THAT. I'M LUCKY IF I CAN
GUARANTEE WHAT I'LL DO OVER THE NEXT THREE MONTHS, I CERTAINLY CAN'T
GUARANTEE WHAT THE HEALTH DEPARTMENT WILL DO. BUT WE WILL AT LEAST
HAVE TAKEN A SIGNIFICANT STEP, ASSUMING BOTH -- THE BILL PASSES BOTH
HOUSES AND THE GOVERNOR SIGNS IT. IF THE HEALTH DEPARTMENT CONTINUES
TO FALL DOWN ON THEIR JOB, WE'LL HAVE TO CROSS THAT BRIDGE WHEN WE
COME TO IT.
MR. MANKTELOW: SO MAYBE, YOU KNOW, THE
POSSIBILITY WOULD BE THAT AGAIN, YOUR OFFICE WOULD EVEN TAKE OVER MORE
WORK FOR THE HEALTH DEPARTMENT, THEN, IS THAT WHAT I'M HEARING?
MR. GOTTFRIED: WELL, WHO KNOWS. YOU KNOW, I
ALWAYS SAY SOMETIMES THE LEGISLATURE CAN STOP A GOVERNMENT AGENCY
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NYS ASSEMBLY MAY 25, 2021
FROM DOING SOMETHING, SOMETIMES. IT'S VERY HARD FOR US TO MAKE A
GOVERNMENT AGENCY DO SOMETHING. IT'S LIKE THE OLD SAYING PUSHING ON
A ROPE. AND THAT'S PART OF THE FRUSTRATION OF BEING IN THE LEGISLATIVE
BRANCH. YOU KNOW, WE'RE NOT A CANADIAN PROVINCE WHERE I WOULD BE
THE MINISTER OF HEALTH, WHICH WOULD PROBABLY NOT BE A GOOD IDEA.
MR. MANKTELOW: SO WHO, SIR, WHO WOULD HAVE
THE POWER TO PUSH THEM TO DO THEIR JOB?
MR. GOTTFRIED: WHO WOULD HAVE THE POWER TO
MAKE THEM DO THEIR JOB?
MR. MANKTELOW: YES, SIR.
MR. GOTTFRIED: OBVIOUSLY THE GOVERNOR.
MR. MANKTELOW: AND THAT'S NOT BEING DONE.
MR. GOTTFRIED: AND THAT'S NOT HAPPENING,
CORRECT.
MR. MANKTELOW: SO WE'RE TO CREATE MORE --
MR. GOTTFRIED: IF YOU WANT TO TAKE THAT AS A DIG
AT THE GOVERNOR, I WOULDN'T ARGUE WITH YOU.
MR. MANKTELOW: NO, NOT AT ALL, I JUST -- I HAVE
CONCERN THAT WE, AGAIN, ADDING MORE WORK TO THE DEPARTMENT OF
HEALTH WHEN WE CAN'T EVEN GET THEM TO DO THE ORIGINAL AGREEMENT OR
THE ORIGINAL BILL COMING UP WITH A LIST. SO JUST ONE LAST QUESTION. I
KNOW WHEN I WORK WITH MY STAFF BACK HOME IN THE OFFICE, WORKING
WITH YOUR STAFF, DID ANYBODY WORK WITH THEM PRIOR TO ASKING QUESTIONS
ABOUT THE DIFFERENT CHEMICALS? I JUST WONDERED. DID THEY HAVE ANY
TRAINING OR ANYTHING ON THAT?
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NYS ASSEMBLY MAY 25, 2021
MR. GOTTFRIED: I'M SORRY, ANY -- DID WE WORK
WITH ANY --
MR. MANKTELOW: I'M SORRY. DID YOUR STAFF -- I
APPRECIATE THE WORK THAT YOUR STAFF DID. DID YOUR STAFF HAVE ANY
TRAINING ON ANY INFORMATION OR WHERE THESE CHEMICALS ARE COMING
FROM, OR THEY WERE JUST MAKING THE PHONE CALLS FOR YOU?
MR. GOTTFRIED: MY STAFF AND I WERE WORKING ON
INFORMATION PRESENTED TO US BY PEOPLE WHO ARE PROFESSIONALS IN THIS
FIELD. ENVIRONMENTAL ADVOCATES, SCIENTISTS, INFORMATION DIRECTLY FROM
THE EPA AND THE LIKE. SO WE'RE NOT JUST GUESSING ABOUT, YOU KNOW,
GEE, THIS CHEMICAL HAS A LONG NAME, IT'S PROBABLY BAD FOR YOU. THERE
IS STRONG, SCIENTIFIC, GOVERNMENTALLY-DOCUMENTED BASIS FOR EVERY
CHEMICAL IN THIS BILL.
MR. MANKTELOW: AND WHEN YOU WERE DOING ALL
THIS -- ALL THIS WORK, HOW MANY WATER AUTHORITIES THROUGHOUT THE STATE
DID YOU REACH OUT JUST TO -- TO GET THEIR INPUT?
MR. GOTTFRIED: I'M SORRY, HOW MANY...
MR. MANKTELOW: I'M SORRY. HOW MANY WATER
AUTHORITIES THAT WE HAVE THROUGHOUT THE STATE, HOW MANY OF THEM DID
YOU CONTACT TO GET THEIR INPUT ON THIS?
MR. GOTTFRIED: I DON'T KNOW THAT WE REACHED OUT
TO ANY OF THEM IN PARTICULAR. I'M QUITE CERTAIN -- I MEAN, THIS BILL'S
BEEN AROUND FOR A WHILE. I'M QUITE CERTAIN THEIR -- THEIR VARIOUS TRADE
ASSOCIATIONS ARE VERY FAMILIAR WITH THE BILL.
MR. MANKTELOW: ALL RIGHT. OKAY. SO -- SO
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NYS ASSEMBLY MAY 25, 2021
YOU'RE -- YOU'RE QUITE CERTAIN ABOUT IT, BUT NOT REALLY FOR SURE 100
PERCENT?
MR. GOTTFRIED: I HAVEN'T PERSONALLY QUIZZED
THEM, NO.
MR. MANKTELOW: OKAY.
MR. GOTTFRIED: BUT, YOU KNOW, THE BILL HAS A
PRETTY LOW BILL NUMBER. IT'S BEEN AROUND FOR A WHILE. I THINK WE HAD A
VERSION OF THIS BILL IN LAST YEAR. SO IT'S -- I MEAN, IT'S NOT LIKE THE WATER
COMPANIES ARE GOING TO GO, OH MY GOODNESS, WHERE DID THIS COME
FROM? I THINK THEY KNOW.
MR. MANKTELOW: YEAH, I THINK THEY KNOW BUT I
THINK IT'S OUR RESPONSIBILITY TO DO DUE DILIGENCE WITH ALL THE PLAYERS
INVOLVED IN THIS, INCLUDING THE WATER AUTHORITIES, INCLUDING PEOPLE THAT
ARE ON WELLS IN THE RURAL DISTRICTS. I APPRECIATE THE -- WHERE YOU'RE
TRYING TO GO WITH THIS. THE ONE THING THAT I DON'T AGREE WITH IS YOU AND
YOUR STAFF SHOULD NOT BE DOING THE WORK OF THE DEPARTMENT OF HEALTH.
WE AS LEGISLATORS SHOULD MAKE SURE THEY HAVE THE PEOPLE, THE FUNDING
TO DO THEIR JOB. AND IF THEY'RE NOT GOING TO DO THEIR JOB, THEN WE
SHOULD ABSOLUTELY HOLD THE GOVERNOR RESPONSIBLE BECAUSE HE HAS THE
POWER TO MAKE THAT HAPPEN, AND OBVIOUSLY THAT'S NOT HAPPENING. AND
WE'RE SEEING THIS MORE AND MORE AS WE'VE BEEN DEALING WITH THE
COVID THE LAST COUPLE LAST -- OR, THE LAST YEAR-AND-A-HALF. SO I THANK
YOU FOR YOUR COMMENTS AND YOUR TIME, SIR, AND MR. SPEAKER, ON THE
BILL.
MR. GOTTFRIED: THANKS.
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NYS ASSEMBLY MAY 25, 2021
ACTING SPEAKER AUBRY: ON THE BILL. AND IF
YOU CAN PULL THAT MASK UP FOR ME. THANK YOU.
MR. MANKTELOW: I'M TRYING, BUT IT'S HARD TO TALK
THROUGH.
ACTING SPEAKER AUBRY: I UNDERSTAND, I KNOW.
MR. MANKTELOW: I GOTCHA.
ACTING SPEAKER AUBRY: IT'S DIFFICULT TO TALK
WITH IT, BUT...
MR. MANKTELOW: DON'T TELL WAYNE, OKAY,
BECAUSE HE'LL BE OVER HERE.
(LAUGHTER)
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MANKTELOW: I -- I -- I APPLAUD THE SPONSOR
OF THE BILL FOR LOOKING OUT FOR WHAT'S IN DRINKING WATER, ABSOLUTELY. DO
WE NEED TO KEEP IT HEALTHY? ABSOLUTELY. BUT AT THE SAME TIME, WE
NEED TO HAVE ALL THE PLAYERS AT THE TABLE AND I JUST DON'T FEEL THAT WE AS
LEGISLATORS AND OUR OFFICE STAFF SHOULD BE COMING UP WITH A LIST OF
CHEMICALS TO LOOK AT. THAT'S NOT OUR RESPONSIBILITY AND NOT OUR JOB.
WE -- OUR TAXPAYERS OF THIS STATE PAY THE DEPARTMENT OF HEALTH TO DO
THIS AND WE NEED TO HOLD THEIR FEET TO THE FIRE.
SO I JUST HAVE CONCERNS AS WE MOVE FORWARD THAT
WE'RE NOT VETTING THIS ENOUGH, AND SOMETIMES IT'S EASIER TO TAKE SMALLER
STEPS THAN BIGGER STEPS AND THAT'S WHAT I'M ASKING OUR SPONSOR TO DO.
LET'S TAKE ANOTHER LOOK AT THIS AND LET'S -- LET'S HOLD THE DEPARTMENT OF
77
NYS ASSEMBLY MAY 25, 2021
HEALTH TO -- TO DO THEIR JOB. THAT'S WHAT THEY'RE THERE FOR. SO I WILL BE
VOTING IN THE NEGATIVE ON THIS, I WILL ASK MY COLLEAGUES TO DO THE SAME,
BUT I DO APPLAUD THE SPONSOR FOR -- FOR HIS HARD WORK AND HIS STAFF'S
HARD WORK AND EVERYBODY ELSE INVOLVED. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MR. MONTESANO.
MR. MONTESANO: THANK YOU, MR. SPEAKER. WILL
THE SPONSOR YIELD, PLEASE?
ACTING SPEAKER AUBRY: MR. GOTTFRIED, WILL
YOU YIELD?
MR. GOTTFRIED: YES.
MR. MONTESANO: THANK YOU, MR. GOTTFRIED. I
JUST HAVE A QUESTION ON THE LIST THAT WAS PUT TOGETHER, IS THERE NUMBERS
ON THERE THAT INDICATE WHAT THE RECOMMENDED AMOUNT IS WITH THE, YOU
KNOW, THE AMOUNT IS TO MAKE IT DANGEROUS, YOU KNOW, AS FAR AS THE
MEASUREMENTS THEY USE FOR THE CHEMICALS IN WATER?
MR. GOTTFRIED: DETERMINING THE ACTION LEVELS FOR
THE VARIOUS CHEMICALS WOULD STILL BE THE JOB OF THE HEALTH DEPARTMENT.
MR. MONTESANO: SO BASICALLY THIS LIST IS TELLING
THEM THIS IS WHAT WE THINK SHOULD BE ON THE LIST THEY SHOULD HAVE MADE
AND THEN THEY HAVE TO DO THE REST OF THE TECHNICAL WORK.
MR. GOTTFRIED: YES. WE'RE NOT TAKING OVER THE
WHOLE JOB. WE'RE NOT EVEN TAKING OVER THE JOB OF MAKING THE LIST. THE
BILL SAYS THESE ARE THE FIRST CHEMICALS THAT SHOULD BE ON THE LIST AND
NOW WE WANT YOU TO MAKE -- TAKE THE REST OF THE ACTIONS ABOUT RULE
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MAKING, ET CETERA, UNDER THE LAW AT LEAST FOR THIS FIRST GROUP.
MR. MONTESANO: AND WHEN THEY GET THAT, IF THIS
BECOMES LAW AND THEY GET THIS LIST, DO THEY HAVE THE ABILITY AFTER DOING
AN ANALYSIS AND STUDY TO REMOVE ANY OF THESE CHEMICALS FROM THE LIST?
MR. GOTTFRIED: I THINK THEY COULD REMOVE A
CHEMICAL FROM THE LIST. THEY COULD CERTAINLY SET AN ACTION LEVEL AT A
HIGH ENOUGH LEVEL SO THAT THERE WOULD RARELY BE ACTION. I SUPPOSE THEY
COULD JUST SAY THAT, YOU KNOW, WE'RE SUPPOSED TO SAY WHAT'S
APPROPRIATE AND APPROPRIATE IS TO DO NOTHING. SO THEY -- THEY COULD DO
THAT WITH SOME OR -- OR ANY OF THESE CHEMICALS. THAT IS TRUE. THAT
WOULD AT LEAST REQUIRE THEM TO GET UP IN THE MORNING AND ACTUALLY DO
SOMETHING AND DO IT IN PUBLIC. THE FRUSTRATION HERE HAS BEEN FOR FOUR
YEARS THEY'VE DONE NOTHING.
MR. MONTESANO: NO, WELL, I AGREE WITH YOU AND
I THANK YOU FOR DOING THAT. THANK YOU, MR. GOTTFRIED.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
MONTESANO.
MR. MONTESANO: THANK YOU. SO I UNDERSTAND
WHAT'S GOING ON, I'VE BEEN INVOLVED WITH OUR WATER DISTRICTS OVER THE
PAST SEVERAL YEARS WITH SOME REMEDIATION ISSUES ON LONG ISLAND AND,
YOU KNOW, THE WATER DISTRICTS, YOU KNOW, OF COURSE GET THEIR GUIDANCE
FROM BOTH THE NEW YORK STATE DEPARTMENT OF HEALTH AND THE NASSAU
COUNTY DEPARTMENT OF HEALTH. AND RECENTLY, AS MY FELLOW COLLEAGUES
FROM LONG ISLAND KNOW, ESPECIALLY IN NASSAU COUNTY, HUNDREDS OF
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MILLIONS OF DOLLARS WAS EXPENDED BY THESE WATER DISTRICTS BETWEEN
BONDING -- BONDING MONEY, SOME MONEY THAT CAME IN FROM STATE --
FROM FEDERAL GOVERNMENT TO PUT A LOT OF REMEDIATION PUMPS AND
SYSTEMS INTO EFFECT, ESPECIALLY DEALING WITH 1,4-DIOXANE AND OTHER
ISSUES. AND IT'S COST A LOT OF MONEY AND MONEY WELL SPENT, BY THE WAY,
AND NECESSARY, BUT THEY HAVE TO BUILD BUILDINGS IN MANY OCCASIONS TO
PUT THIS REMEDIATION EQUIPMENT IN. A LOT OF THE REMEDIATION
EQUIPMENT HAD TO BE DESIGNED AND BUILT WHICH CAUSED A, YOU KNOW, A
DELAY IN IMPLEMENTATION.
SO WHEN WE LOOK AT THE LIST NOW WITH ADDITIONAL
CONTAMINANTS THAT HAVE TO BE STUDIED, I THINK, YOU KNOW, WATER
DISTRICTS HAVE TO BE INCLUDED SO THEY CAN PREPARE AND LOOKING -- GOING
FORWARD WHAT THEY'RE GOING TO BE CALLED UPON TO DO. SO I WILL SUPPORT
THIS -- THIS BILL BECAUSE I THINK IT'S NECESSARY, IT'S VERY IMPORTANT. AND
LIKE THE SPONSOR, YOU KNOW, I HAVE A NUMBER OF GRANDCHILDREN I'D LIKE
TO SEE HAVE A LITTLE BETTER WATER QUALITY, ESPECIALLY ON LONG ISLAND SINCE
WE DRAW OUT OF THE AQUIFERS AND WE'VE HAD A LOT OF INDUSTRY OUT THERE
OVER THE YEARS, AND WHO KNOWS WHAT ELSE THEY'VE DUMPED INTO THE
WATER THAT'S GOING TO START EMERGING AT THIS POINT BECAUSE THAT 50-YEAR
MARK, YOU KNOW, HAS HIT US AND WE'RE STARTING TO SEE A LOT.
THE ONE THING I WOULD LIKE TO SUGGEST TO THE SPONSOR
AND TO MY COLLEAGUES AS WE CONSIDER THIS PIECE OF LEGISLATION AND TRY TO
PROMPT THE HEALTH DEPARTMENT TO DO ITS JOB, THIS IS NOT THE FIRST TIME
WE'VE SEEN THEM SITTING ON THEIR HANDS ON DIFFERENT MATTERS,
HEALTH-RELATED MATTERS, WATER QUALITY MATTERS, AND OTHER THINGS THAT
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HAVE GONE ON THIS LAST YEAR-AND-A-HALF. IT SEEMS TO ME IN MY OWN
PERSONAL OPINION THAT THERE'S A LACK OF LEADERSHIP OVER IN THE HEALTH
DEPARTMENT. WHILE I THINK WE CAN MAKE A CASE THEY COULD USE SOME
ADDITIONAL MANPOWER BECAUSE WE PUT THINGS ON THEIR BACK IN ADDITIONAL
FUNDING, I REALLY, TRULY BELIEVE THERE'S A LACK OF LEADERSHIP THERE. AND
WHILE THE GOVERNOR IS RESPONSIBLE BECAUSE THE COMMISSIONER IS HIS
APPOINTEE, I THINK ONE OF THE THINGS THE LEGISLATURE, ESPECIALLY OUR
HOUSE, SHOULD CONSIDER IS TAKING A VOTE OF NO CONFIDENCE AGAINST THE
HEALTH COMMISSIONER TO FORCE HIS REMOVAL FROM THE HEALTH
DEPARTMENT, AND MAYBE WE COULD GET SOMEBODY IN THERE THAT WILL, FIRST
OF ALL, RESPECT THE LEGISLATURE AND RESPOND TO US IN A TIMELY MANNER
WHEN WE HAVE THESE ISSUES AND REALIZE THE IMPORTANCE OF CONDUCTING
THESE STUDIES AND ARRANGING FOR PUBLIC HEARINGS TO BE HELD, BRINGING IN
THE SCIENTIFIC COMMUNITY, BRINGING IN THE ENVIRONMENTAL COMMUNITY AS
IS NECESSARY TO GET THIS PROBLEM DONE.
SO I WILL SUPPORT THE BILL AND, TO ME, IT'S SOMETHING
THAT'S NECESSARY THAT WE NEED TO DO TO PROMPT THIS HEALTH DEPARTMENT.
AND WE SHOULDN'T HAVE TO BE DOING THIS TO PROMPT THEM TO DO THEIR JOB,
BUT I WOULD LIKE MY COLLEAGUES TO SERIOUSLY CONSIDER TAKING SOME
ACTION TO STIMULATE THE GOVERNOR AND THE HEALTH COMMISSIONER TO GET
MOVING OR GET OUT. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. GIGLIO.
MS. GIGLIO: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD, PLEASE?
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ACTING SPEAKER AUBRY: MR. GOTTFRIED --
MR. GOTTFRIED: YES.
ACTING SPEAKER AUBRY: -- YIELDS.
MS. GIGLIO: THANK YOU. SO AS A COMMISSIONER OF A
WATER DISTRICT, AS I WAS FOR TEN YEARS, YOU KNOW, WE -- THE TOWN OF
RIVERHEAD TOOK A VERY BIG HIT. WE'RE ALSO NEAR THE FORMER GRUMMAN
FACILITY. AND WHEN THE STATE LAST YEAR IN JULY REDUCED THE PARTS PER
TRILLION FROM 70 PARTS PER TRILLION TO 10 PARTS PER TRILLION FOR PFAS AND
PFOS, IT REALLY, IT COST MILLIONS OF DOLLARS TO TRY AND GET MATCHING
GRANTS, TO TRY AND GET FUNDING, TO TRY AND REMEDIATE THE WELLS THAT WERE
FOR THE PUBLIC WATER SUPPLY. AND WE ALSO HAVE SEVERAL PROPERTIES THAT
ARE OUT OF REACH; THERE'S APPROXIMATELY 130 PROPERTIES THAT ARE OUT OF
REACH FROM THE WATER DISTRICT AND FROM THE LINES. WE DID A MAP AND
PLAN LAST YEAR AND IT'S GOING TO COST AROUND $6 MILLION TO EXTEND PUBLIC
WATER TO THOSE 130 HOUSES THAT HAVE THE CONTAMINANTS IN THEIR DRINKING
WATER WELLS, AND THE NEW YORK STATE DEC HAS BEEN GOING THERE ON A
REGULAR BASIS AND PUTTING IN FILTRATION SYSTEMS AND TESTING THEIR WELLS,
WHICH ALSO COSTS A LOT OF MONEY. SO I'M JUST WONDERING, IS THERE ANY
FUNDING THAT GOES ALONG WITH THESE EMERGING CONTAMINANTS AND
REDUCING THE AMOUNT OF PARTS PER TRILLION, SAY AS THEY DID WITH THE
PFAS AND THE PFOS FROM 70- TO 10-?
MR. GOTTFRIED: WELL, THE -- WHAT -- WHAT THIS BILL
SPECIFICALLY DEALS WITH IS THE QUESTION OF WHAT CHEMICALS ARE GOING TO
BE SUBJECT TO THE PROCESS. EXACTLY WHAT DECISIONS ARE MADE AND HOW
THOSE DECISIONS ARE IMPLEMENTED IS A SEPARATE QUESTION. THE TESTING
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ITSELF, BY THE WAY, IS ACTUALLY RELATIVELY INEXPENSIVE PARTICULARLY SINCE
WHILE YOU -- YOU LOOK AT THIS LIST AND YOU SAY, OH MY GOODNESS, LOOK AT
ALL THESE, YOU KNOW, THERE'S LIKE A COUPLE OF DOZEN PFAS... CHEMICALS
ON THE LIST. FORTUNATELY THEY ARE -- THEY ARE IN A COUPLE OF CLASSES OF
CHEMICAL AND CAN BE TESTED FOR ON A CLASS AND DEALT WITH ON A CLASS
BASIS.
SO WHAT WE DO WHEN WE FIND THESE PROBLEMS AND WHO
WILL PAY FOR IT, YOU KNOW, IS -- IS ESSENTIALLY SOMETHING WE LEGISLATED
ABOUT FOUR YEARS AGO. ALL THIS BILL DOES IS PUT THE FIRST BATCH OF
CHEMICALS INTO THE DECISION-MAKING PIPELINE. WHAT WE DO WITH THEM
WILL BE UP TO THE HEALTH DEPARTMENT AND HOPEFULLY THEY WILL DO THEIR
JOB. BUT WHATEVER WE DO A LITTLE BIT DOWN THE ROAD I THINK IT'S -- IT'S
ESSENTIAL THAT WE START OUT WITH A SCIENCE-BASED LIST AS OPPOSED TO
VIRTUALLY NO LIST. AND BY THE WAY EARLIER, I SHOULD CORRECT MYSELF. I -- I
SAID THERE WAS -- THEY HAD NOT MADE ANY LIST AT ALL. THEY DID ACTUALLY
PUT TWO CHEMICALS ON A LIST. ONE PFAS MOLECULE AND ONE OTHER BUT,
YOU KNOW, THAT'S -- THAT WAS SUCH A MINIMAL STEP.
MS. GIGLIO: I GET IT. SO MY TIME DOESN'T RUN OUT, I
COULDN'T AGREE WITH YOU MORE THAT WE ALL WANT GOOD, CLEAN WATER FOR
OUR CHILDREN AND, YOU KNOW, WE DO HAVE THESE 130 HOUSES THAT ARE
SOUTH OF THE GRUMMAN FACILITY AND THEY DO NOT HAVE GOOD DRINKING
WATER. SO IT IS A PROBLEM AND I AGREE WITH YOU THAT THIS IS A NOBLE
CAUSE AND WE NEED TO FIX IT, BUT THE FACT THAT THE HEALTH DEPARTMENT
HASN'T DONE ANYTHING ABOUT IT AND THAT THEY ARE DEFERRING PENALTIES FOR
TWO YEARS FOR WATER DISTRICTS THAT ARE TRYING TO MEDIATE IT AND TRYING TO
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MAKE IMPROVEMENTS TO THE LIST, THAT THERE ISN'T ANY GRANT FUNDING. I
MEAN, MY SUPERINTENDENT OF THE WATER DISTRICT IS TEXTING ME NOW, HE'S
SAYING, YOU KNOW, IF THE HEALTH DEPARTMENT AND THE NEW YORK STATE
DEC WERE MORE APT TO ALLOW WATER DISTRICTS TO BLEND WELLS, I MEAN,
THAT MIGHT BE GOOD LEGISLATION TO PUT FORTH TO LET THEM BLEND THE WELLS
SO THAT IT REDUCES THE AMOUNT OF CONTAMINANTS THAT'S ACTUALLY COMING
OUT OF THE WATER DISTRICT.
BUT THIS IS AN UNFUNDED MANDATE AND THE FACT THAT THE
HEALTH DEPARTMENT HAS NOT HAD THE PUBLIC HEARINGS TO TALK ABOUT WHAT
CONTAMINANTS REALLY HURT PUBLIC HEALTH AND HOW IT AFFECTS HEALTH AND
HOW DO WE WORK TO FIX IT. I -- I REALLY RESPECT YOU FOR PUTTING THIS
FORWARD AND I AM GOING TO BE VOTING IN THE AFFIRMATIVE, BUT I CAUTION
THAT WITH THE ELIMINATION OF THESE EMERGING CONTAMINANTS, IT COMES
WITH A LOT OF MONEY, A LOT OF MONEY ESPECIALLY IN SMALL TOWNS THAT THEIR
WATER DISTRICTS DON'T HAVE.
MR. GOTTFRIED: I WOULD AGREE.
MS. GIGLIO: SO HOPEFULLY WE CAN WORK TOGETHER ON
SOME SORT OF GRANT FUNDING. I KNOW I HAVE BEEN SPEAKING TO
ASSEMBLYMAN ENGLE -- AN ASSEMBLYMAN IN MY DISTRICT THAT FLOWS OVER
INTO HIS DISTRICT AND I'M HOPING THAT WE'RE GOING TO BE ABLE TO GET SOME
FUNDING TO FIX THESE PROBLEMS, BECAUSE IT'S OKAY TO SAY ON THE FLOOR THAT
THESE ARE EMERGING CONTAMINANTS AND THEY'RE BAD FOR YOUR HEALTH, BUT IF
THE MONEY IS NOT THERE TO MEDIATE -- REMEDIATE IT AND TO MAKE IT BETTER,
THEN IT'S REALLY A USELESS EXERCISE.
MR. GOTTFRIED: YEAH. SEVERAL YEARS AGO, WE --
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WE AUTHORIZED, I FORGET THE EXACT NUMBER, BUT IT'S A HUGE FUNDING
AUTHORIZATION FOR WATER QUALITY. AS FAR AS I KNOW, THAT MONEY IS STILL
AWAITING BEING USED.
MS. GIGLIO: YEAH, I MEAN THERE IS A LOT OF MONEY,
AND THERE WAS A MATCHING GRANT FOR MANGANESE REMOVAL, BUT NOT FOR
THESE CONTAMINANTS THAT YOU HAVE IN THIS BILL. SO WE NEED TO WORK
TOWARDS THAT AND MAKE SURE THAT YOU'RE NOT PUTTING WATER DISTRICTS OUT
OF BUSINESS --
MR. GOTTFRIED: RIGHT.
MS. GIGLIO: -- AND THAT, YOU KNOW, 160 PEOPLE WILL
BENEFIT FROM THE MAJORITY IN THE DISTRICT, BUT IF IT'S A SMALL DISTRICT IT
REALLY DOES PUT A STRAIN ON THE WATER DISTRICT IN ACTUALLY GETTING THE
WATER OUT --
MR. GOTTFRIED: RIGHT.
MS. GIGLIO: -- AND KEEPING THE WATER GOOD.
MR. GOTTFRIED: I AGREE.
MS. GIGLIO: OKAY. THANK YOU FOR YOUR TIME.
MR. GOTTFRIED: OKAY. YOU'RE WELCOME.
MS. GIGLIO: THANK YOU, MR. SPEAKER.
ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MS.
GIGLIO.
MS. GIGLIO: SO I WILL BE VOTING IN THE AFFIRMATIVE
BECAUSE I'VE HEARD FROM THE RESIDENTS IN MY DISTRICT THAT ARE DOWN FLOW
FROM THE FORMER GRUMMAN FACILITY AND THEIR WELLS ARE CONTAMINATED.
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BUT THERE ISN'T ANY FUNDING FOR IT, WE HAVE TO GET THESE PEOPLE
CONNECTED TO PUBLIC WATER AND WE HAVE TO DO IT SOONER THAN LATER. SO I
WILL BE VOTING IN THE AFFIRMATIVE AND I WILL BE WORKING WITH MR.
GOTTFRIED -- OR WITH MY COLLEAGUES TO TRY AND GET FUNDING TO THE WATER
DISTRICT SO THAT THOSE PEOPLE CAN HAVE CLEAN WATER, WHICH IS WHAT WE
EXPECT BY ADOPTING LEGISLATION LIKE THIS. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU.
MR. WALCZYK.
MR. WALCZYK: THANK YOU, MR. SPEAKER, IF THE
SPONSOR WOULD YIELD.
ACTING SPEAKER AUBRY: MR. GOTTFRIED, WILL
YOU YIELD?
MR. GOTTFRIED: YES.
MR. WALCZYK: THANKS, AND I LAUD YOUR CONCERN
ABOUT PFOS AND PFAS GETTING INTO OUR WATER SUPPLY, AS I THINK A LOT OF
US ARE -- ARE CONCERNED ABOUT THOSE, AS WELL AS CONTAMINANTS. I'VE
BEEN, FOR THE LAST FEW MINUTES HERE, GOOGLING SOME OF THE THINGS THAT
ARE ON YOUR EXTENSIVE LIST, BUT I WANTED TO START WITH A QUESTION HERE
ABOUT -- IT SEEMS LIKE THE TARGET AND BY WAY OF YOUR -- YOUR
JUSTIFICATION IN THE SPONSOR'S MEMO, IS FOR A LOT OF THE SMALLER
MUNICIPALITIES. SO THIS -- THIS DOESN'T IMPACT ANYTHING THAT IS ALREADY
COVERED, THIS IS ONLY FOR AREAS THAT AREN'T TESTING THE WATER FOR THESE
EMERGING CONTAMINANTS, AND THAT'S 10,000 OR LESS; AM I READING THAT
RIGHT?
MR. GOTTFRIED: WELL, THE BILL DOESN'T CHANGE
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WHO IS SUBJECT TO WHAT LAWS. THAT WAS ALL DONE FOUR YEARS AGO. THIS
JUST STARTS FILLING IN THE LIST THAT THE LAW CALLED FOR.
MR. WALCZYK: OKAY, I SEE A --
MR. GOTTFRIED: I'D HAVE TO GO BACK AND CHECK ON
THE -- WHAT WE SAID FOUR YEARS AGO ABOUT THE QUESTION YOU ASKED.
MR. WALCZYK: YEAH, YOU MENTIONED THE LOOPHOLE
THAT LEAVES 2.5 MILLION NEW YORKERS ON SMALLER WATER SYSTEMS THAT
DON'T BENEFIT FROM THIS TESTING. SO I WAS JUST WONDERING WHERE ARE
THOSE 2.5 MILLION -- WHO ARE WE REALLY TRYING TO ADDRESS HERE IN THAT 2.5
MILLION NEW YORKERS?
MR. GOTTFRIED: WELL, IF THEY'RE IN SMALLER
COMMUNITIES, THEY, YOU KNOW, THEY'RE MORE LIKELY, I IMAGINE, TO BE
YOUR CONSTITUENTS THAN MINE. WHERE EACH OF THOSE SMALL COMMUNITIES
IS, I DON'T -- I COULDN'T TELL YOU WHICH COUNTIES THEY'RE IN, BUT I THINK WE
ALL HAVE AN INTUITIVE SENSE OF WHERE THE SMALLER POPULATION
COMMUNITIES IN THE STATE ARE.
MR. WALCZYK: SURE. BUT TO BE CLEAR, LIKE NEW
YORK CITY, FOR EXAMPLE, THE EMERGING CONTAMINANTS ARE ALREADY LISTED
FOR THAT WATER SUPPLY AND TESTED ON A MONTHLY BASIS?
MR. GOTTFRIED: I'D HAVE TO GO BACK AND CHECK
AND SEE WHAT -- WHAT LIST DOES OR DOESN'T APPLY, LET'S SAY, TO NEW YORK
CITY RIGHT NOW.
MR. WALCZYK: YEAH, THAT'S -- THAT'S WHAT I'M
ASKING YOU.
MR. GOTTFRIED: AND I'M NOT QUITE SURE HOW THAT
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AFFECTS WHETHER THIS BILL IS THE RIGHT -- IS A GOOD IDEA OR NOT.
MR. WALCZYK: YEAH, NEITHER WAS I. THAT'S WHY I
WANTED TO ASK YOU ABOUT IT.
MR. GOTTFRIED: YEAH.
MR. WALCZYK: BECAUSE AS IT WAS -- AS IT WAS
WRITTEN, WATER SUPPLIES WITH -- WITH THAT SUPPLY TO 10,000 PEOPLE OR
LESS, AND THESE 2.5 MILLION NEW YORKERS ON THE SMALLER SYSTEMS ARE
LEFT OUT IN A LOOPHOLE HERE, SO THAT'S -- THAT'S THE POPULATION I WAS TRYING
TO, BY THIS LINE OF QUESTIONING, UNDERSTAND WHO EXACTLY WASN'T ALREADY
COVERED.
MR. GOTTFRIED: YEAH, I -- I COULD NOT RECITE TO
YOU A LIST OF THE COMMUNITIES OF 10,000 OR FEWER POPULATION.
MR. WALCZYK: OKAY. AND I, YOU KNOW, IN
HEARING THE DIALOG BETWEEN -- BETWEEN YOU AND I CAN -- I THINK
EVERYONE IN THIS CHAMBER CAN POINT TO SOME FRUSTRATION THAT WE'VE HAD
WITH AN AGENCY OR DEPARTMENT IN NEW YORK STATE, AND I -- I HEAR YOU
ON THE FRUSTRATION. SO IF YOU -- ANY TIME YOU TALK ABOUT CHECKS AND
BALANCES, YOU GET ME EXCITED. WE PUT IT IN STATUTE IN 2017 HAVING AN
ACT OF 2018 AND YOU EXPECT TO GET THOSE ANSWERS FROM DEPARTMENT OF
HEALTH. WHAT'S -- WHAT'S PREVENTING THE SCIENTISTS AT DEPARTMENT OF
HEALTH, WHAT MECHANISM AT THE DEPARTMENT OF HEALTH IS PREVENTING
THEM FROM PUTTING OUT THEIR OWN LIST LIKE THIS?
MR. GOTTFRIED: WELL, THAT'S A GOOD QUESTION. I
DON'T KNOW WHAT EITHER WITHIN THE DEPARTMENT OR BETWEEN THE
DEPARTMENT AND THE GOVERNOR'S OFFICE HAS REALLY LED TO THE FACT THAT FOR
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ALL THESE YEARS THEY KEEP COMING UP WITH A SERIES OF REASONS FOR WHY
THEY CAN'T HOLD THE WATER QUALITY MEETING, YOU KNOW, NEXT MONTH, YOU
KNOW, WHICHEVER MONTH YOU WANT TO PICK. ALL I KNOW IS THEY HAVE
SCHEDULED MANY SUCH MEETINGS, THEY ALWAYS GET POSTPONED AND THERE'S
REALLY NEVER A GOOD EXPLANATION FOR IT. AND A LOT OF PEOPLE JUST FINALLY
SAID, ENOUGH IS ENOUGH. LET'S LEGISLATE PUTTING AT LEAST THE FIRST FEW
CHEMICALS ON THE LIST TO GET THE BALL ROLLING.
MR. WALCZYK: SURE, AND IF THESE -- IF THESE LISTED
CHEMICALS ARE CODIFIED IN STATUTE HERE AND THAT TESTING IS DONE EVERY --
EVERY 30 DAYS AS I UNDERSTAND YOU'VE GOT IT WRITTEN HERE, WHAT'S THE
PUBLIC NOTICE LOOK LIKE IF ANY OF THOSE EMERGING CONTAMINANTS ARE --
ARE FOUND IN THE WATER SUPPLY?
MR. GOTTFRIED: WELL, THAT'S ALL SPELLED OUT IN THE
LEGISLATION FROM FOUR YEARS AGO AND THE DEPARTMENT WOULD -- WOULD
ALSO BE ABLE TO MAKE FURTHER REGULATIONS ABOUT THAT. SO OFF THE TOP OF
MY HEAD, I CAN'T TELL YOU WHAT THE NOTICE PROVISIONS ARE. THEY'VE BEEN
IN THE LAW FOR FOUR YEARS NOW.
MR. WALCZYK: WOULD IT -- WOULD IT BE THE OWNER
OF THAT WATER SUPPLY THAT'S THEN RESPONSIBLE FOR ALERTING RESIDENTS THAT
AN EMERGING CONTAMINANT IS POSSIBLY IN THEIR WATER SUPPLY?
MR. GOTTFRIED: SAME ANSWER, I'D HAVE TO GO
BACK AND CHECK TO BE SURE. IT WOULD PROBABLY BE SOME COMBINATION OF
THE WATER COMPANY'S RESPONSIBILITY TO COMMUNICATE WITH ITS CUSTOMERS.
THERE MAY ALSO BE A RESPONSIBILITY WITH THE HEALTH DEPARTMENT.
MR. WALCZYK: IS THERE -- IS THERE ANY BOTTOM? SO
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NYS ASSEMBLY MAY 25, 2021
-- SO WE'RE LOOKING TO CAPTURE EVERY PUBLIC WATER SYSTEM, PRIVATE WATER
SYSTEMS, AS WELL. IS THERE ANY -- ANY BOTTOM LAYER SIZE, WE'RE NOT
TALKING ABOUT INDIVIDUAL HOMEOWNER WELLS OR ANYTHING LIKE THAT ARE
WE, MR. SPONSOR?
MR. GOTTFRIED: YOU'D HAVE TO GO BACK AND LOOK
AT THE 2017 LEGISLATION. THIS BILL MAKES NO CHANGE ON THAT SCORE. SO
WHATEVER -- WHATEVER THE LAW HAS BEEN FOR FOUR YEARS, IF THE
DEPARTMENT HAD EVER GOTTEN AROUND TO MAKING THE LIST, THAT WOULD BE
THE SAME LAW UNDER THIS BILL.
MR. WALCZYK: I GOT IT. AND YOU HAVE FINALLY
STEERED ME TO A PROPER DISCUSSION ON THIS PARTICULAR PIECE OF
LEGISLATION, WHICH IS -- IS THAT LIST. SO I'M CURIOUS, THE SCIENTISTS -- AND
I, YOU KNOW, I DON'T KNOW WHAT ALL OF THESE CHEMICALS ARE HERE. I WISH
THAT WE HAD SOMEONE IN THE CHAMBER THAT WAS AN EXPERT ON ALL OF THESE
THINGS, I CAN'T PRONOUNCE MOST OF THEM, BUT A COUPLE OF THEM STOOD OUT.
I SAW TESTOSTERONE WAS ON THE LIST. WHAT ARE THE -- THE HEALTH RISKS
ASSOCIATED WITH TESTOSTERONE IN THE WATER SUPPLY? I REALLY HAVEN'T READ
ANYTHING ABOUT THAT.
MR. GOTTFRIED: WELL, AS I OFTEN, AS HEALTH CHAIR
SAY, MY DEGREE HAS A D IN IT BUT THE FIRST LETTER IS A J, NOT AN M, AND
CERTAINLY NOT A PH. SO DON'T ASK ME ALL THE THINGS THAT HAVING
TESTOSTERONE IN YOUR DRINKING WATER COULD DO TO YOU, BUT THE EPA AND
ENVIRONMENTAL GROUPS AND A WHOLE LOT OF THE SCIENTIFIC COMMUNITY
REALLY THINKS IT'S A BAD IDEA. I MEAN, IF YOU WANT, I'VE GOT A DOCUMENT
IN MY COMPUTER THAT LISTS A WHOLE LOT -- ALL OF THESE CHEMICALS AND
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MENTIONS WHICH OF THEM CAUSE CANCER AND WHICH OF THEM, YOU KNOW,
MAKE YOUR HEAD FALL OFF, I JUST CAN'T RECITE THAT FROM MEMORY.
MR. WALCZYK: AND --
MR. GOTTFRIED: BUT WHAT I CAN TELL YOU IS THAT
PEOPLE WHO -- PEOPLE WHO KNOW ABOUT SUCH THINGS ARE ABOUT AS
UNANIMOUS AS CAN BE IN WANTING THESE 20 -- THESE CHEMICALS ON THAT
LIST. THIS LIST, I MEAN, UNLESS YOU'RE A CHEMICAL COMPANY, THIS LIST IS
NOT CONTROVERSIAL. I DON'T KNOW THAT ANYBODY IS ATTACKING THIS LIST AS
BEING CONTROVERSIAL. AGAIN, EXCEPT MAYBE SOME OF THE CHEMICAL
COMPANIES WHO MAKE A LOT OF MONEY SELLING THESE CHEMICALS THAT END
UP IN OUR WATER. BUT OTHER THAN THEM, I DON'T KNOW THAT THERE IS ANY
SCIENTIFIC DEBATE TO SPEAK OF ABOUT THE DANGERNESS -- THE DANGEROUSNESS
OF THESE CHEMICALS.
MR. WALCZYK: WELL, AND I APOLOGIZE FOR NOT
KNOWING AND BEING PRIVY TO A LOT OF THE LEGISLATION THAT YOU WORKED ON
BACK IN 2017, I WASN'T A MEMBER OF THIS BODY SO I DIDN'T PARTICIPATE IN
THOSE -- THOSE HEARINGS. IT SEEMS LIKE FROM MY QUICK GOOGLE OF A LOT
OF THIS LIST, MANY OF THESE CHEMICALS ARE BUILDING BLOCKS FOR PFOS AND
PFAS, WHICH IS WRITTEN ABOUT WIDELY, AND I -- LIKE I LAUD YOUR EFFORTS
RIGHT IN THE BEGINNING. TESTOSTERONE SORT OF STUCK OUT AT ME AS ONE OF
THE CHEMICALS THAT REALLY HAS NOTHING TO DO WITH PFOS OR PFAS SO I
WAS CURIOUS HOW SCIENTISTS PUT THAT ONE AS A PRIORITY ON THE LIST. AND I
HAVE READ A LOT ABOUT ESTROGEN IN DRINKING WATER RECENTLY. WAS THAT
RECOMMENDED BY SCIENTISTS, OR WHY WAS THAT ONE LEFT OFF THE LIST?
MR. GOTTFRIED: EVERY CHEMICAL ON THIS LIST -- I'M
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NYS ASSEMBLY MAY 25, 2021
PRETTY SURE EVERY CHEMICAL ON THIS LIST IS ON THE EPA LIST. THEY ARE ALL
CHEMICALS THAT -- THAT THE REPUTABLE SCIENTIFIC COMMUNITY IS UNITED IN
SAYING OUGHT TO BE ON THIS LIST. I THINK EVERY ONE OF THEM IS ON THE
EPA LIST.
MR. WALCZYK: THE
1,4,6-ANDROSTATRIENE-3,17-DIONE, I COULDN'T TELL YOU IF I'M SAYING THAT
RIGHT, BUT I GOOGLED IT, IS A OVER-THE-COUNTER SUPPLEMENT WITH A
48-HOUR HALF LIFE. HOW DID THAT ONE END UP ON THE LIST?
MR. GOTTFRIED: WELL AGAIN, MY DEGREE BEGINS
WITH A J AND NOT A PH, AND I WOULD SAY ITS HALF LIFE MAY RELATE TO SOME
OF ITS ACTIVE QUALITIES. I DON'T KNOW WHETHER IT MEANS IT DISAPPEARS IN
ITS HALF LIFE OR -- OR IS NO LONGER A CONCERN. ALL I KNOW IS THAT PEOPLE
WHO KNOW INFINITELY MORE ABOUT THIS TOPIC THAN I DO AGREE THAT THIS
CHEMICAL OUGHT TO BE ON THE LIST. AND AGAIN, WITH ALL OF THESE
CHEMICALS, IT MAY BE THAT THE COMPANIES THAT MAKE THEM AND MAKE A
LOT OF MONEY SELLING THEM DON'T LIKE THEIR CHEMICAL BEING ON THIS LIST,
BUT I DON'T KNOW OF ANYBODY ELSE WHO WOULD QUIBBLE ABOUT THIS LIST.
MR. WALCZYK: THANK YOU, MR. SPEAKER.
ON THE BILL.
THANK YOU, MR. SPONSOR.
ACTING SPEAKER AUBRY: ON THE BILL.
MR. WALCZYK: I APPRECIATE MY COLLEAGUE'S
ANSWERS AND I THINK -- AND NO OFFENSE MEANT WHATSOEVER, BUT I THINK IT
DEMONSTRATES A LARGER POINT THAT I WANT TO MAKE, WE'RE NOT SCIENTISTS IN
THIS CHAMBER, AND I CAN APPRECIATE THE SPONSOR'S FRUSTRATION WITH THE
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NYS ASSEMBLY MAY 25, 2021
DEPARTMENT OF HEALTH AND THE SCIENCE THAT THEY RELY ON NOT BEING
FORTHCOMING, NOT DOING THEIR JOB. I THINK IT'S A GREAT GOAL FOR US TO BE A
CHECK AND A BALANCE. I THINK A LOT OF THIS LOOKS TO BE CHEMICALS THAT
ARE BUILDING BLOCKS FOR PFOS AND PFAS WHICH ARE DANGEROUS
CHEMICALS THAT HAVE BEEN USED IN CLOTHING MANUFACTURING AND TEFLON
PRODUCTS AND THAT SORT OF THING, AND SOME MANUFACTURING PROCESSES.
AND WHEN THEY END UP IN THE WATER SUPPLY, IT CAN BE VERY HARMFUL TO
US. THOSE ARE KNOWN ABOUT.
THE REST OF THE LIST, THERE'S SOME THINGS ON HERE THAT
ARE JUST -- I FEEL UNCOMFORTABLE, SO DOES THE SPONSOR OF THE BILL EVEN --
EVEN DEBATING THIS LIST, AND I THINK THAT KIND OF ILLUSTRATES THE POINT,
THAT'S WHY WE TRUST THE SCIENTISTS IN THIS CHAMBER. WE BELIEVE IN THE
SCIENCE, WE DON'T DENY THEM, AND IT'S OUR JOB TO HOLD THEM ACCOUNTABLE.
AND IT'S OUR JOB TO HOLD THEM ACCOUNTABLE, NOT WHEN THEY DON'T
PRODUCE THE LIST, THEN WE PLAY LIKE WE'RE HOLDING THEM ACCOUNTABLE BY
PRODUCING OUR OWN LIST WHICH CAME FROM, AS MY COLLEAGUES HAVE
POINTED OUT, MANY DIFFERENT GROUPS THAT LOBBY THIS CHAMBER. I MEAN,
IT'S KIND OF AN UNCOMFORTABLE POSITION TO BE IN. SO I DON'T -- I DON'T
WANT TO -- I DON'T WANT TO FAKE BEING A SCIENTIST, I THINK THAT'S THE THING
THAT I'M A LITTLE BIT WORRIED HERE ABOUT, MR. SPEAKER. I ENCOURAGE OUR
COLLEAGUES TO CONTINUE WORKING ON LEGISLATION THAT MAKES OUR WATER
CLEANER TO DRINK, AND I LAUD MY COLLEAGUE FOR THE WORK THAT HE DID BACK
IN 2017 TO PUT THAT BILL IN IN THE FIRST PLACE, BUT I'LL STAND UP WITH ANY
REPUBLICAN OR DEMOCRAT IN THIS CHAMBER AND DEMAND ACCOUNTABILITY
FROM THE EXECUTIVE. I'M A LITTLE BIT MORE UNCOMFORTABLE IN PLAYING A
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SCIENTIST FROM THIS POLITICAL BODY. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. KELLES.
MS. KELLES: THANK YOU SO MUCH. WILL THE
SPEAKER YIELD FOR A QUESTION?
ACTING SPEAKER AUBRY: THE SPONSOR WILL
YIELD.
MS. KELLES: I'M SORRY. WELL, MAYBE THE SPEAKER
AS WELL, WE CAN HAVE A CONVERSATION, THANK YOU SO MUCH.
MR. GOTTFRIED: I'M HAPPY TO YIELD.
MS. KELLES: THANK YOU. JUST ONE QUESTION ABOUT
THE PROCESS. THIS BILL WOULD CREATE THE EMERGING CONTAMINANTS LIST
WHICH, IN AND OF ITSELF, IS ONLY THE FIRST PHASE OF DATA COLLECTION, IS THAT
CORRECT?
MR. GOTTFRIED: CORRECT.
MS. KELLES: AND THIS DATA IS NECESSARY FOR US TO
EXTRAPOLATE -- TO ESTABLISH MAXIMUM CONTAMINANT LEVELS, CORRECT?
MR. GOTTFRIED: WELL, ACTION LEVELS AND -- YES,
AND FOLLOW-UP REGULATIONS, CORRECT.
MS. KELLES: RIGHT, BECAUSE THOSE ARE WHAT'S --
WHAT ARE ESTABLISHED ONCE WE'VE IDENTIFIED LEVELS FOR IMPACT, NEGATIVE
IMPACT ON HEALTH, RIGHT?
MR. GOTTFRIED: CORRECT.
MS. KELLES: RIGHT. THANK YOU SO MUCH, THAT'S -- I
THINK THAT'S REALLY IMPORTANT, AND THAT WAS MY ONLY QUESTION.
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ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.
MS. KELLES: I WANTED TO NOTE THAT -- SEVERAL THINGS.
MYSELF AS A HAVING A BACKGROUND IN BIOCHEMISTRY, I'M HAPPY TO READ
THIS LIST OUT LOUD OR TO -- TO ANYONE WHO WOULD LIKE AT ANY POINT, AND I
KNOW THAT THERE ARE SEVERAL AMAZING NURSES AND OTHER PEOPLE WHO ARE
HEALTH PROFESSIONALS IN THIS LIST THAT COULD, I AM SURE, SPEAK ABOUT THESE
CHEMICALS AS WELL, BUT I DO WANT TO NOTE, YOU KNOW, THAT THE MOST
IMPORTANT THING IS THAT WE CAN'T CLEAN UP CONTAMINATION IF WE DON'T
KNOW WHERE THEY ARE AND WE DON'T KNOW HOW MUCH THERE IS. AND I
THINK THAT THAT'S THE MOST IMPORTANT THING ABOUT THIS BILL.
THIS DATA IS CRUCIAL TO DEVELOP THE STANDARDS WE NEED
TO PROTECT PUBLIC HEALTH. THAT, IN AND OF ITSELF -- AND OUR HEALTH SHOULD
NOT BE FOR SALE. THAT IS ANOTHER PIECE THAT IS REALLY IMPORTANT. AND I
JUST WANT TO ADD TO THIS, 4-ANDROSTENE-3,17-DIONE, THAT HAS BEEN FOUND
TO SPECIFICALLY BE CORRELATED WITH REPRODUCTIVE HEALTH ISSUES, FOR ONE.
IT HAS ALSO BEEN ASSOCIATED WITH BREAST CANCER AND UTERINE CANCER FOR
WOMEN, ALONG WITH OTHER REPRODUCTIVE HEALTH CONSEQUENCES. THE
OTHER HORMONES HAVE BEEN IDENTIFIED TO AFFECT REPRODUCTIVE HEALTH IN
AMPHIBIANS AS WELL IN SOME CASES, BUT PARTICULARLY IN REPRODUCTIVE
HEALTH FOR HUMANS. SO I WOULD -- I'M VERY GLAD THAT THESE ARE ON THIS
LIST. THE OTHERS, OBVIOUSLY PFOAS AND PFAS WE'RE MORE FAMILIAR
WITH, BUT THE COMPREHENSIVE LIST IS VERY, VERY IMPORTANT. AND -- AND I
WOULD ADD MY VOICE IF THIS LIST HASN'T BEEN CREATED YET, THEN THAT IS --
SPEAKS EVEN MORE, TO ME, WHY THIS BILL IS SO IMPORTANT AND I APPLAUD
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THE SPONSOR OF THIS BILL FOR -- FOR HIS DILIGENCE AND DETERMINATION AND
PERSEVERANCE TO BRING THIS FORWARD. SO THANK YOU SO MUCH AND I
CERTAINLY SUPPORT THIS BILL.
ACTING SPEAKER AUBRY: THANK YOU VERY
MUCH.
MR. BROWN.
MR. BROWN: MR. SPEAKER, WILL THE SPONSOR YIELD
FOR A COUPLE OF QUESTIONS?
ACTING SPEAKER AUBRY: MR. GOTTFRIED, WILL
YOU YIELD?
MR. GOTTFRIED: YES.
ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS,
SIR.
MR. BROWN: THANK YOU, SIR. MR. GOTTFRIED, I
NOTICED THAT IN LOOKING AT THE BILL THERE ARE THREE ITEMS THAT WERE STRUCK
IN TERMS OF THE CHEMICALS TO BE IDENTIFIED AS EMERGING CONTAMINANTS,
AND ONE OF THEM IS 1,4-DIOXANE AND I JUST WANTED TO ASK IF YOU KNOW
WHY IT WAS STRUCK?
MR. GOTTFRIED: I'M SORRY, IF I KNOW...
MR. BROWN: WHY 1,4-DIOXANE WAS STRUCK FROM THE
LIST?
MR. GOTTFRIED: OH, BECAUSE THAT'S ONE OF THE
COUPLE OF CHEMICALS THAT THE HEALTH DEPARTMENT ACTUALLY PULLED UP
THEIR SOCKS AND ADDED -- AND PUT ON THE LIST.
MR. BROWN: AH, OKAY. AND JUST LOOKING AT THE
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SPONSOR MEMO, AND I'M JUST SCROLLING DOWN HERE, I'M REALLY TRYING TO
UNDERSTAND SO I CAN VOTE ON THIS PROPERLY, BUT IT SAYS THAT THE CREATION
OF NEW YORK'S FIRST EMERGING CONTAMINANT LIST, WHICH WOULD INCLUDE
MOST UCMR3 CHEMICALS AND SOME OF THE MOST RECENT EMERGENT
CONTAMINANTS WOULD PROVIDE THE PUBLIC WITH CRITICAL WATER QUALITY
INFORMATION, PROTECT PUBLIC HEALTH, AND INFORM THE DEPARTMENT OF
HEALTH WHAT CHEMICALS MEET DRINKING WATER STANDARDS. THIS TESTING IS
A CRUCIAL MEANS TO BEGIN A PROACTIVE APPROACH TO REGULATE DRINKING
WATER CONTAMINANTS IN NEW YORK. AND I JUST -- I'D LIKE TO UNDERSTAND
HOW THIS BILL DOES THAT.
MR. GOTTFRIED: WELL, BY HAVING CHEMICALS ON
THIS LIST, THEY BECOME CHEMICALS THAT WATER COMPANIES ARE GOING TO BE
REQUIRED OR CAN BE REQUIRED TO TEST FOR.
MR. BROWN: BUT THE BILL DOESN'T ACTUALLY TAKE ANY
ACTION, IS THAT CORRECT, IT JUST CREATES THE LIST?
MR. GOTTFRIED: RIGHT. THE REST OF THE LAW DOES
EVERYTHING ELSE. THIS BILL FILLS IN, OR BEGINS TO FILL IN AN ESSENTIAL GAP IN
THAT LAW WHICH IS TO CREATE THE LIST THAT THE LAW THEN OPERATES ON. BUT
WITHOUT AT LEAST THE BEGINNING OF A LIST, THE REST OF THE LAW HAS NOTHING
TO CHEW ON, IF YOU WILL.
MR. BROWN: OKAY. SO I JUST WANT TO MAKE SURE
THAT WE'RE NOT JUST PASSING A BILL HERE TODAY THAT'S JUST A FEEL-GOOD
MEASURE, THAT THIS ACTUALLY IS GOING TO WORK TOWARDS TESTING FOR
EMERGENT CONTAMINANTS IN DRINKING WATER THROUGHOUT THE STATE?
MR. GOTTFRIED: WELL, I CERTAINLY HOPE SO. AS I
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SAID EARLIER, THE HEALTH DEPARTMENT WILL STILL HAVE THE RESPONSIBILITY TO
ACTUALLY DO ITS JOB. THIS BILL DOES ONE SMALL PIECE OF THE DEPARTMENT'S
JOB, NAMELY CREATING A LIST. THAT'S SOMETHING WE COULD DO. YOU CAN
TYPE UP A LIST AND PUT IT IN A BILL. I -- IT WOULD BE A VERY DIFFERENT
PROPOSITION IF WE WERE TO TRY TO COME UP WITH A LIST OF ACTION LEVELS FOR
EACH OF THESE CHEMICALS, AND SPECIFIC ACTIONS COULD THEN BE TAKEN,
REMEDIATION, ET CETERA. THAT WOULD BE A -- A -- A VERY LONG AND VERY
COMPLICATED BILL. IT'S A WHOLE LOT BETTER IF THE DEPARTMENT DOES ALL OF
THAT WORK, AS THEY'RE SUPPOSED TO, AND WE ARE HOPING THAT AT LEAST
GETTING THE LIST BEGUN WILL GET THE DEPARTMENT DOING THE REST OF ITS JOB.
WE MAY BE BACK HERE IN A YEAR OR TWO SAYING, OH MY GOD, WE PUT THE
LIST TOGETHER AND THE DEPARTMENT STILL HASN'T DONE ANYTHING. YOU
KNOW, WE'LL HAVE TO -- IF -- IF THAT WERE TO HAPPEN, THEN WE WOULD THEN
HAVE TO RESPOND AT SOME POINT. FOR NOW, WE ARE HOPING THAT TAKING AT
LEAST THIS INITIAL ACTION WILL -- WILL INDUCE THE DEPARTMENT TO FOLLOW
THROUGH.
MR. BROWN: THANK YOU VERY MUCH FOR THOSE
ANSWERS, I APPRECIATE IT.
ON THE BILL, MR. SPEAKER.
MR. GOTTFRIED: YEAH.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. BROWN: SO MR. SPEAKER, I'M -- I'M CONCERNED
AS A RESIDENT OF LONG ISLAND AND FOR THE PEOPLE IN MY DISTRICT BECAUSE
MY DISTRICT AND ONE OF THE WELLS LOCATED IN EAST NORTHPORT WAS ONE OF
THE FIRST WELLS WHERE 1,4-DIOXANE WAS DETECTED. AND I PERSONALLY
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WROTE A LETTER TO OUR CONGRESSMAN ASKING FOR INFRASTRUCTURE MONEY TO
HELP THE SUFFOLK COUNTY WATER AUTHORITY TEST IN WATER WELLS TO SEE IF
EMERGENT CONTAMINANTS LIKE 1,4-DIOXANE IS LOCATED. SO MY OTHER
CONCERN WAS IDENTIFIED BY THE BILL SPONSOR AND THAT IS WHILE WE'RE
CREATING A LIST, THERE'S NO ACTION THAT GOES INTO THE LEGISLATION. AND THAT
CONCERNS ME BECAUSE ON ONE HAND, I'M NOT IN FAVOR OF CREATING
UNFUNDED MANDATES FOR OUR WATER AUTHORITIES TO HAVE TO DEAL WITH, BUT
ON THE OTHER HAND WE JUST PASSED A $212 BILLION BUDGET, AND THERE'S
NOTHING MORE IMPORTANT TO THE RESIDENTS OF THIS STATE BUT HAVING SAFE
DRINKING WATER. AND THAT, IN PARTICULAR, ON LONG ISLAND WHERE WE HAVE
SO MANY CONTAMINANTS IN OUR DRINKING WATER, AND OUR WATER AUTHORITIES
ARE BATTLING EVERY DAY TRYING TO MAKE SURE THAT THOSE CONTAMINANTS ARE
NOT GOING INTO PEOPLE'S DRINKING WATER AND WE WIND UP LIKE DETROIT,
MICHIGAN.
SO I APPLAUD THE SPONSOR OF THE BILL, BUT I THINK IT'S NOT
ENOUGH. AND I REALLY WOULD LIKE TO WORK IN THE FUTURE TOGETHER WITH
HIM AND HAVE A PUBLIC HEARING OUT ON LONG ISLAND AND INVITE THE
MEMBERS OF THE HEALTH COMMITTEE TO LISTEN TO THE PEOPLE OF LONG
ISLAND AND WHAT THEY HAVE TO SAY ABOUT EMERGENT CONTAMINANTS THAT ARE
CONTAINED IN OUR DRINKING WATER. I HELD A WATER PANEL ON EARTH DAY
AND WE JUST STARTED TO SCRATCH THE SURFACE ON WATER QUALITY ON LONG
ISLAND, AND FOR THAT REASON I AM GOING TO VOTE IN FAVOR OF THE BILL, BUT I
LOOK FORWARD TO WORKING WITH THE BILL'S SPONSOR IN THE FUTURE. THANK
YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
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MR. SALKA.
MR. SALKA: MR. SPEAKER, WOULD THE SPONSOR YIELD
FOR A COUPLE QUESTIONS AND POSSIBLY A COMMENT?
ACTING SPEAKER AUBRY: MR. GOTTFRIED, WILL
YOU YIELD?
MR. GOTTFRIED: YES.
ACTING SPEAKER AUBRY: MR. GOTTFRIED YIELDS,
SIR.
MR. SALKA: FIRST OF ALL, MR. GOTTFRIED, I WANT TO
COMMEND YOU ON THIS. YOUR CONCERN ABOUT PUBLIC HEALTH HAS BEEN
SOMETHING THAT I'VE GREATLY ADMIRED AND THIS IS A BILL THAT I THINK
FOLLOWS SUIT WITH SHOWING THAT DEEP CONCERN FOR -- FOR THE PUBLIC'S
HEALTH. AND I HAVE A QUESTION. THIS IS WITH ALL DUE RESPECT, THIS BILL
WAS PASSED -- A LIKE BILL WAS PASSED BACK IN 2017 AND NOW WE'RE
PROBABLY GOING TO PASS THIS BILL THIS EVENING. WHAT MAKES YOU THINK
THEY'RE GOING TO DO ANYTHING DIFFERENT? I MEAN, THEY DIDN'T MOVE ON IT
THE FIRST TIME. WHAT IN THIS BILL, IF ANYTHING, IS THERE ANY KIND OF
MOTIVE FOR THEM TO ACT ON WHAT WE ARE DEMANDING THAT THEY DO THROUGH
THIS LEGISLATION?
MR. GOTTFRIED: WELL, HOPEFULLY THE FACT THAT THE
LEGISLATURE FINALLY HAD TO PASS A BILL CREATING THE FIRST STAGE OF THIS LIST
WILL PUT SOME PUBLIC PRESSURE ON THE DEPARTMENT NOW THAT THERE IS, AT
LEAST -- THERE WILL BE AT LEAST THE BEGINNING OF A LIST. HOPEFULLY THAT
WILL PUT SOME PUBLIC PRESSURE ON THE DEPARTMENT TO FOLLOW THROUGH.
AS I SAID, YOU KNOW, THE LEGISLATIVE BRANCH CAN SOMETIMES STOP AN
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AGENCY FROM DOING SOMETHING, SOMETIMES. IT IS VERY RARE THAT WE CAN
MAKE AN AGENCY DO SOMETHING THAT THEY DON'T WANT TO DO. IF WE HAD A
LOT MORE TIME, I COULD GIVE YOU SOME SAD EXAMPLES, BUT THIS IS ONE
THING WE CAN DO TO TRY TO HELP CREATE AN ENVIRONMENT IN WHICH THE
DEPARTMENT AND THE GOVERNOR WILL FEEL PRESSURE TO ACT. DOES IT
GUARANTEE THAT THEY WILL ACT? NO. LIKE MOST AREAS IN LIFE, WE DON'T
HAVE A GUARANTEE HERE. IT IS SOMETHING WE CAN DO THAT I THINK IS LIKELY
TO HAVE A POSITIVE EFFECT.
MR. SALKA: AND I AGREE, SIR, AND I WISH I SHARED
YOUR LIMITED AMOUNT OF OPTIMISM. THE TWO COMMON DENOMINATORS
THAT I SEE THAT HAVE EXISTED IN 2017 AND THAT EXIST NOW ARE A GOVERNOR
AND COMMISSIONER OF HEALTH THAT HAVE TIME AND TIME AGAIN, IN
PARTICULAR OVER THE PAST YEAR WITH THE NURSING HOME ISSUE, HAVE LED THIS
LEGISLATURE ASTRAY, HAS LED THE PUBLIC ASTRAY AND HAVE BEEN SOMEWHAT
DISINGENUOUS IN A LOT OF THEIR -- THEIR INTENT.
SO AGAIN, I COMMEND YOU FOR THIS. I WILL BE VOTING IN
THE AFFIRMATIVE FOR THIS BILL, BUT I -- I WOULD WISH THAT ENOUGH PUBLIC
PRESSURE COULD BE APPLIED, BUT I HAVE TO ADMIT, THE CYNIC IN ME SAYS
THAT I THINK A YEAR OR TWO WE'RE PROBABLY GOING TO BE STANDING HERE
WITH BASICALLY THE SAME COMPLAINT. BUT AGAIN, I COMMEND YOU ON YOUR
EFFORTS AND I'LL BE PROUD TO VOTE IN THE AFFIRMATIVE ON THIS BILL. THANK
YOU, SIR.
MR. GOTTFRIED: WELL, THANK YOU AND MY -- MY
ONLY QUIBBLE, IF YOU WILL, WITH WHAT YOU SAID IS WHERE YOU ATTRIBUTED
OPTIMISM TO ME, AND I THINK THAT WOULD BE A SLIGHT OVERSTATEMENT OF
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MY ATTITUDE TOWARDS THE DEPARTMENT ON THIS TOPIC. I DON'T THINK
OPTIMISM IS QUITE THE WORD. I WISH I COULD FEEL OPTIMISTIC.
MR. SALKA: THANK YOU, SIR.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: THANK YOU, SIR. ON
THE BILL.
MR. SALKA: YES, SIR. THANK YOU. AGAIN, AND I
REPEAT, THE TWO COMMON DENOMINATORS, THE OBSTACLES THAT WILL BE IN THE
WAY OF GETTING ANYTHING DONE WITH THIS WELL-INTENDED BILL WILL BE THE
GOVERNOR AND THE COMMISSIONER OF HEALTH. I HAVE TO CONCUR WITH MY
-- MY LONG ISLAND REPUBLICAN COLLEAGUE THAT MAYBE THERE'S A TIME NOW
THAT WE NEED TO REALLY LOOK SERIOUSLY AT WHO IS AT THE HELM AT THE
DEPARTMENT OF HEALTH AND WHETHER OR NOT THEY'RE DOING THE JOB. THE
DEPARTMENT OF HEALTH, IN MY ESTIMATION FROM BEING IN THE -- IN THE
HEALTH BUSINESS FOR 30 YEARS, PEOPLE'S HEALTH IS ONE OF THE MOST
IMPORTANT JOBS THAT THIS LEGISLATURE HAS AND IN MY PERSONAL OPINION,
AND I BASE THIS ON WHAT I HAVE SEEN OVER THE PAST COUPLE OF YEARS IS I
BELIEVE THAT OUR DEPARTMENT OF HEALTH IS FALLING FLAT ON ITS FACE WITH
THAT -- THAT VERY IMPORTANT RESPONSIBILITY IN PROTECTING -- PROTECTING THE
HEALTH OF THE PUBLIC. BUT THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 126-A. THIS IS A PARTY VOTE. ANY MEMBER
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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. WE HAVE SEVERAL
VERY FINE LEGISLATORS ON BOTH SIDES OF THIS ISSUE, BUT AT THIS POINT IN TIME
THIS WILL BE A REPUBLICAN CONFERENCE WILL BE GENERALLY VOTING NO,
ALTHOUGH I CERTAINLY AGREE WITH MY COLLEAGUES IT WOULD BE NICE TO GET
THE HEALTH DEPARTMENT TO DO THEIR JOB. THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MS. HYNDMAN.
MS. HYNDMAN: I WOULD LIKE TO REMIND MY
COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY MEMBERS WILL BE
RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY EXCEPTIONS, I ASK MAJORITY
MEMBERS TO CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER
PREVIOUSLY PROVIDED AND YOUR NAME WILL BE ANNOUNCED ACCORDINGLY.
ACTING SPEAKER AUBRY: THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. BURDICK TO EXPLAIN HIS VOTE.
MR. BURDICK: THANK YOU, MR. SPEAKER. I FIRST
WISH TO COMMEND THE SPONSOR FOR BRINGING THIS BILL TO THE FLOOR AND TO
THANK THE SPEAKER FOR ALLOWING IT TO COME UP. AND I'M A COSPONSOR OF
THIS LEGISLATION BECAUSE OF THE LOOPHOLE THAT'S EXPLAINED IN THE
JUSTIFICATION FOR THE BILL. IT'S MENTIONED THAT SOME TWO-AND-A-HALF
MILLION NEW YORKERS THAT ARE ON SMALLER WATER SYSTEMS, THAT IS THOSE
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SERVING FEWER THAN 10,000 PEOPLE, DO NOT BENEFIT FROM TESTING OF SOME
30 UNREGULATED CONTAMINANTS, AND I HAVE MANY OF THOSE SMALLER WATER
SYSTEMS IN MY DISTRICT IN WESTCHESTER COUNTY. AND SO I FEEL THAT THIS IS
A NECESSITY TO DEAL WITH THOSE SMALLER WATER SYSTEMS, OBVIOUSLY NOT
JUST IN MY DISTRICT, BUT THROUGHOUT THE STATE.
AS TO FUNDING FOR IMPLEMENTATION THAT WAS REFERENCED
EARLIER DURING THE DEBATE, I DO BELIEVE THAT IT BEHOOVES US TO ENSURE
THAT THERE IS SUFFICIENT FUNDING AND PROVIDED MOST LIKELY THROUGH THE
DEC BUDGET THROUGH THEIR WATER QUALITY IMPROVEMENT PROJECT FUNDING.
SO AGAIN, I WISH TO COMMEND THE SPONSOR FOR THIS LEGISLATION AND I VOTE
IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: MR. BURDICK IN THE
AFFIRMATIVE.
MR. RA TO EXPLAIN HIS VOTE.
MR. RA: THANK YOU, MR. SPEAKER. I JUST WANT TO
THANK THE SPONSOR FOR BRINGING THIS FORWARD. AS MANY OF US WHO HAVE
BEEN AROUND HERE KNOW, WE MENTION, YOU KNOW, TWO OF THE
CONTAMINANTS THAT THE DEPARTMENT OF HEALTH DID ACT ON, 1,4-DIOXANE
AND PFOS, AND IT TOOK TONS OF PRODDING TO GET THEM TO MOVE ALONG, SET
ACCEPTABLE LIMITS FOR THOSE CHEMICALS AND AS WAS SAID, DISTRICTS
THROUGHOUT THE STATE, WATER DISTRICTS ARE STARTING TO REMEDIATE THEM,
AND IT IS VERY EXPENSIVE. AND THIS LEGISLATURE HAS ALLOCATED SUMS OF
MONEY INTO THE BILLIONS AT THIS POINT GOING INTO CLEAN WATER
INFRASTRUCTURE IN RECENT YEARS, AND I THINK GIVEN THAT FACT, THAT'S
SOMETHING WE NEED TO CONTINUE TO DO TO HELP WITH THESE COSTS, BUT
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GIVEN THE EXPENSE IN TREATING IT, THE LAST THING WE WANT TO DO IS ALLOW
CHEMICALS TO CONTINUE TO GO INTO OUR WATER THAT WE'RE GOING TO KEEP
HAVING TO SPEND MORE AND MORE MONEY TO TREAT.
SO I HOPE THAT THE DEPARTMENT OF HEALTH WILL DO THE
RIGHT THING. HOPEFULLY THIS IS A KICK TO MOVE THEM IN THE RIGHT
DIRECTION AND I CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MR. RA IN THE
AFFIRMATIVE.
MR. OTIS.
MR. OTIS: THANK YOU, MR. SPEAKER. AND THANK
YOU, CHAIR GOTTFRIED. I AM A COSPONSOR OF THIS BILL, AND THANK YOU FOR
YOUR EFFORTS ON IT. IT SHOULD BE MENTIONED THAT WE IN THE LEGISLATURE
HAVE MADE A BIG COMMITMENT TOWARDS CLEAN WATER FUNDING SINCE 2017
AND INCLUDING IN THIS YEAR'S BUDGET, $500 MILLION A YEAR. BECAUSE OF
COVID, THERE WAS NO MONEY PUT OUT LAST YEAR, BUT IN 2019, WITHIN THE
$500 MILLION THAT WAS SPENT THAT YEAR, $120 MILLION WAS SPENT TOWARDS
EMERGING CONTAMINANTS PROJECTS ON IMPORTANT -- AN IMPORTANT PRIORITY,
AND EFC, ENVIRONMENTAL FACILITIES CORPORATION, RAISED THE CAP ON
PROJECT SHARE TO 60 PERCENT TO MAKE DOING THOSE PROJECTS MORE
AFFORDABLE FOR LOCAL GOVERNMENT.
SO LET'S CONTINUE THE GOOD WORK TOGETHER. LET'S GET
THIS BILL SIGNED INTO LAW. I THINK THE COSTS ARE GOING TO GO UP AS WE
IDENTIFY MORE CHEMICALS THAT NEED TO BE REMEDIATED. THANK YOU. I
VOTE AYE.
ACTING SPEAKER AUBRY: MR. OTIS IN THE
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AFFIRMATIVE.
MR. MCDONOUGH.
MR. MCDONOUGH: THANK YOU, MR. SPEAKER, AND
THANK THE SPONSOR FOR THIS. ON LONG ISLAND, I REPRESENT THE SOUTH
SHORE OF NASSAU COUNTY AND I CAN TELL YOU IN LONG ISLAND, ALL OF LONG
ISLAND, WE'VE HAD A SPIKE IN BREAST CANCER OVER THE YEARS. MANY OF US
BELIEVE IT'S ATTRIBUTED TO THE WATER, SO WE HAVE TO MOVE ON AND IDENTIFY
THESE CONTAMINANTS. AND I ALSO WOULD SUGGEST THAT WE DO CALL FOR A
HEARING AND GET THE COMMISSIONER OF HEALTH DOWN AND FIND OUT WHAT
IS THE -- WHAT IS THE WATER AUTHORITY GOING TO DO, WHAT IS THE HEALTH
DEPARTMENT GOING TO DO. WE'VE GOT TO MOVE ON THIS. IT IS A MATTER OF
LIFE AND DEATH IN SOME CASES. SO I SUPPORT THIS BILL AND I'M HAPPY TO
CAST MY VOTE IN FAVOR OF IT. THANK YOU.
ACTING SPEAKER AUBRY: MR. MCDONOUGH IN
THE AFFIRMATIVE.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. IN ADDITION TO THE
VOTES ON THE FLOOR, PLEASE RECORD THE FOLLOWING COLLEAGUES IN THE
AFFIRMATIVE: MR. ASHBY, MR. BYRNE, MR. DESTEFANO, MR. FITZPATRICK,
MR. GALLAHAN, MR. GANDOLFO, MS. GIGLIO, MR. GIGLIO, MR. MIKE
LAWLER, MR. MIKULIN, MS. MILLER, MR. MONTESANO, MR. SALKA, MR.
SCHMITT, AND MR. SMITH. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
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THE BILL IS PASSED.
PAGE 20, CALENDAR NO. 259, THE CLERK WILL READ.
THE CLERK: SENATE NO. S04049, CALENDAR NO.
259, SENATOR RAMOS (JOYNER, OTIS, MCDONALD, SIMON,
DICKENS--A05678). AN ACT TO AMEND THE LABOR LAW, IN RELATION TO
BENEFITS OF SHARED WORK PROGRAMS.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. WOULD THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. JOYNER, WILL YOU
YIELD.
MS. JOYNER: YES.
ACTING SPEAKER AUBRY: MS. JOYNER YIELDS,
SIR.
MR. GOODELL: THANK YOU, MS. JOYNER. AS I
UNDERSTAND IT, UNDER CURRENT LAW IF AN EMPLOYER IS INVOLVED IN A SHARED
WORK PROGRAM, THEY CAN HAVE THEIR EMPLOYEES WORKING LESS THAN FULL
TIME AND STILL BE ELIGIBLE FOR PRORATED UNEMPLOYMENT BENEFIT, CORRECT?
MS. JOYNER: YES.
MR. GOODELL: AND SO JUST TO GIVE AN EXAMPLE, IF
YOUR WORKFORCE WAS ON 50 PERCENT TIME, THE AMOUNT OF THE
UNEMPLOYMENT WOULD BE CUT TO 50 PERCENT OF THE NORMAL
UNEMPLOYMENT, IS THAT CORRECT?
MS. JOYNER: YES.
MR. GOODELL: AND UNDER THIS BILL AS WITH CURRENT
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NYS ASSEMBLY MAY 25, 2021
UNEMPLOYMENT, YOU CAN COLLECT UNEMPLOYMENT FOR A MAXIMUM OF 26
WEEKS, IS THAT CORRECT?
MS. JOYNER: THAT'S CORRECT, YEP.
MR. GOODELL: AND THIS BILL WOULD CHANGE THAT BY
SAYING YOU COULD CONTINUE TO COLLECT UNEMPLOYMENT BEYOND THE 26
WEEKS UNTIL THE AMOUNT THAT THE EMPLOYEE COLLECTED IS EQUAL TO THE
AMOUNT THEY WOULD HAVE COLLECTED HAD THEY BEEN COMPLETELY
UNEMPLOYED FOR THE FIRST 26 WEEKS, IS THAT CORRECT?
MS. JOYNER: RIGHT, THAT'S CORRECT. SO IT'S -- THIS IS
GOING TO CREATE PARITY BETWEEN SHARED WORK EMPLOYEES AND THOSE WHO
ARE PARTIALLY EMPLOYED INDIVIDUALS. SO THERE'S -- THIS IS GOING TO CREATE
PARITY.
MR. GOODELL: THANK YOU VERY MUCH FOR
EXPLAINING THE BILL.
ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: SO USING THE EXAMPLE I HAD, UNDER
THE CURRENT BILL IF SOMEONE'S WORKING 50 PERCENT OF THE TIME THEY --
THEY COLLECT HALF OF THEIR UNEMPLOYMENT AND THEY COLLECT THE OTHER HALF
IN SALARY, AND THEY DO SO FOR 26 WEEKS. AND AT THE END OF THAT INITIAL
26 WEEKS, THE COMBINATION OF THEIR SALARY AND THEIR UNEMPLOYMENT
ALMOST INVARIABLY IS HIGHER THAN IF THEY WERE SIMPLY LAID OFF. AND THE
REASON FOR THAT IS THE AMOUNT THAT YOU COLLECT UNDER UNEMPLOYMENT IS
EQUAL TO ONLY 50 PERCENT OF YOUR SALARY. SO IT IS ALWAYS PREFERABLE TO
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BE EMPLOYED.
WHAT THIS BILL DOES, THOUGH, IS ELIMINATE THE INCENTIVE
THAT MANY EMPLOYERS HAVE TO PARTICIPATE IN THE WORK SHARE PROGRAM
BECAUSE UNDER THE CURRENT LAW, AN EMPLOYER RECOGNIZES THAT AT THE END
OF THE 26 WEEKS THEIR UNEMPLOYMENT BILL, USING MY EXAMPLE OF 50
PERCENT, THEIR UNEMPLOYMENT BILL IS GOING TO BE HALF. AND THIS SAYS NO,
IT CAN CONTINUE TO BE 100 PERCENT AND INSTEAD OF PAYING UNEMPLOYMENT
FOR 26 WEEKS, YOU CAN BE PAYING UNEMPLOYMENT FOR 52 WEEKS, USING
MY EXAMPLE OF 50 PERCENT. UNFORTUNATELY, THAT FINANCIAL DISINCENTIVE,
I'M CONCERNED, WILL UNDERCUT THE ATTRACTIVENESS OF THE SHARED WORK
PROGRAM BECAUSE THE EMPLOYER, WHEN THEY'RE ENGAGED IN THE SHARED
WORK PROGRAM, THEY HAVE CONSIDERABLE ADMINISTRATIVE CHALLENGES
BECAUSE THEY HAVE TO KEEP TRACK OF THE SALARY EVERY SINGLE WEEK AND
THEY HAVE TO COORDINATE THAT WITH THE UNEMPLOYMENT AND THEY HAVE TO
BE UNDER THE SUPERVISION OF THE LABOR DEPARTMENT AND IT'S WORTH -- IT'S
WORTH IT FOR THE EMPLOYER TO DO THAT BECAUSE THE EMPLOYER HAS AN
OPPORTUNITY TO CUT THEIR OVERALL UNEMPLOYMENT BILL.
WE ARE NOW COMING OUT OF THE PANDEMIC. WE HAVE
BEEN TOLD THAT THE UNEMPLOYMENT COMPENSATION FUND HAS A DEFICIT OF
$4 BILLION, $4 BILLION. AND JUST ON A PERSONAL LEVEL, EVEN THOUGH I
DIDN'T LAY OFF A SINGLE EMPLOYEE DURING THE PANDEMIC, I SAW MY OWN
UNEMPLOYMENT INSURANCE RATE IN MY LAW FIRM GO UP TO 9.75 PERCENT OF
PAYROLL. I NOW PAY MORE THAN I DO IN FICA. AND MOST HAVE SEEN THEIR
UNEMPLOYMENT CHARGE GO UP 300, 350 PERCENT OR EVEN MORE. SO NOW
IS NOT THE TIME TO ENACT LEGISLATION THAT MIGHT KILL A GREAT PROGRAM AND
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NYS ASSEMBLY MAY 25, 2021
POTENTIALLY DOUBLE THE COST OF UNEMPLOYMENT FOR EMPLOYERS. THE
SHARED WORK PROGRAM HAS A VERY HIGH LEVEL OF ACCEPTANCE. PEOPLE LIKE
IT BECAUSE THEY KNOW THEY'RE ALL IN IT TOGETHER. AND THAT'S WHY I THINK
WE SHOULD STAY WITH THE CURRENT SYSTEM WHERE BOTH EMPLOYEES COME
OUT AHEAD AND EMPLOYERS COME OUT AHEAD. AND AT THE END OF THE DAY,
MORE PEOPLE UNDER THE CURRENT SYSTEM WILL HAVE MORE MONEY IN THEIR
POCKET AND LOWER UNEMPLOYMENT COSTS FACING THE EMPLOYER. FOR THAT
REASON, I WILL BE RECOMMENDING TO MY COLLEAGUES THAT THEY VOTE
AGAINST THIS. THANK YOU, SIR.
(PAUSE)
ACTING SPEAKER GONZÁLEZ-ROJAS: READ
THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER GONZÁLEZ-ROJAS: THE
CLERK -- THE CLERK WILL RECORD THE VOTE ON SENATE BILL S-4049. THIS IS
A PARTY VOTE. ANY MEMBER WHO WISHES TO BE RECORD AS AN EXCEPTION TO
THE CONFERENCE POSITION IS REMINDED TO CONTACT THE MAJORITY OR
MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM CHAIR. THE
REPUBLICAN CONFERENCE WILL BE GENERALLY OPPOSED TO THIS LEGISLATION.
THOSE WHO SUPPORT IT ARE ENCOURAGED TO CALL THE MINORITY LEADER'S
OFFICE SO THAT WE CAN RECORD THEIR VOTE PROPERLY. THANK YOU, MADAM.
ACTING SPEAKER GONZÁLEZ-ROJAS: MS.
HYNDMAN.
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NYS ASSEMBLY MAY 25, 2021
MS. HYNDMAN: I WOULD LIKE TO REMIND MY
COLLEAGUES THAT THIS IS A MAJORITY VOTE -- THAT THIS IS A PARTY VOTE.
MAJORITY MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY
EXCEPTIONS, PLEASE CONTACT THE MAJORITY LEADER'S OFFICE AT THE NUMBER
PREVIOUSLY PROVIDED AND YOUR NAME WILL BE ANNOUNCED ACCORDINGLY.
ACTING SPEAKER GONZÁLEZ-ROJAS: SO
NOTED. THANK YOU.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER. IN
ADDITION TO THE AFFIRMATIVE VOTES ON THE FLOOR, PLEASE RECORD MY
COLLEAGUE, MS. GIGLIO, IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER GONZÁLEZ-ROJAS: SO
NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 10, CALENDAR NO. 104, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02505, CALENDAR NO.
104, WEINSTEIN, DINOWITZ, SEAWRIGHT, ENGLEBRIGHT, GOTTFRIED,
ZEBROWSKI, TAYLOR, MCMAHON. AN ACT TO AMEND THE CIVIL PRACTICE
LAW AND RULES, IN RELATION TO CLAIMS RELATING TO CONSUMER GOODS.
ACTING SPEAKER GONZÁLEZ-ROJAS: MR.
GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER.
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WHAT THIS BILL DOES IS IT MAKES IT ILLEGAL FOR PARTIES TO VOLUNTARILY AGREE
IN WRITING ON WHERE THEY WANT THE DISPUTE TO BE ADJUDICATED IF THEY
HAVE A PROBLEM. SO UNDER CURRENT LAW, IF YOU'RE LEASING A CAR, FOR
EXAMPLE, FROM THE LOCAL RENTAL COMPANY OR MAYBE A LOCAL CAR DEALER,
IT'S NOT UNUSUAL FOR THE CONTRACT TO PROVIDE THAT IF THERE'S ANY LITIGATION
INVOLVING THAT VEHICLE YOU HAVE TO BRING A LAWSUIT IN THE COUNTY WHERE
THE CAR DEALERSHIP IS LOCATED. THIS WOULD SAY THAT EVEN THOUGH
CONSUMERS UNDERSTAND IT AND AGREE TO IT, AND IT'S PART OF THE BARGAIN AND
IT'S PART OF A WRITTEN CONTRACT, THIS BILL WOULD PROHIBIT THAT PROVISION
FROM BEING ENFORCED WHICH MEANS YOU COULD RENT A CAR ON LONG ISLAND
FROM A LOCAL DEALER, DECIDE TO RELOCATE TO BUFFALO AND IF YOU HAVE A
DISPUTE, YOU MIGHT HAVE TO FORCE THE CAR DEALER TO GO ALL ACROSS THE
STATE. AND, BY THE WAY, IT'S NOT JUST ACROSS THE STATE, THIS WOULD BAR
ANY VENUE PROVISION, SO IT COULD BE ACROSS THE COUNTRY. I THINK IT'S -- IT
MAKES MORE SENSE -- IT SEEMS TO ME TO MAKE SURE THAT CONSUMERS
UNDERSTAND THAT THERE'S A VENUE PROVISION THAT'S GOING TO REQUIRE THEM
TO BRING ANY LAWSUIT IN THE AREA OF THE VENDOR AND ALLOW THEM TO MAKE
THAT DECISION ON THEIR OWN AND ALLOW THAT TO BE ENFORCEABLE.
THERE'S ONE OTHER ISSUE. AS MANY OF YOU KNOW, THE
U.S. CONSTITUTION HAS A CONTRACTS CLAUSE AND IT SAYS THAT THE LEGISLATURE
SHALL NOT PASS ANY LAWS ABRIDGING THE VALIDITY OF ANY CONTRACT; YET, THAT
IS EXACTLY WHAT THIS BILL DOES. IT STATES THAT WE DON'T CARE IF YOU AGREED
IN BLACK AND WHITE THAT IF THERE IS A DISPUTE, YOU'RE GOING TO LITIGATE IT
IN THE JURISDICTION WHERE YOUR CAR DEALER WAS OR IN THE JURISDICTION
WHERE YOU HAD A LANDLORD RELATIONSHIP OR IN THE JURISDICTION WHERE YOU
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NYS ASSEMBLY MAY 25, 2021
MAY HAVE BOUGHT THE -- THE GOODS OR SERVICE, WE DON'T CARE WHAT YOUR
CONTRACT SAYS, THIS LEGISLATION WOULD ELIMINATE THAT CLAUSE IN VIOLATION
OF THE VOLUNTARY AGREEMENT OF THE PARTIES AND IN VIOLATION OF THEIR
WRITTEN CONTRACTS. AND FOR THAT REASON, I'LL BE OPPOSING IT AND
RECOMMEND THE SAME TO MY COLLEAGUES. THANK YOU.
ACTING SPEAKER GONZÁLEZ-ROJAS: READ
THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER GONZÁLEZ-ROJAS: THE
CLERK WILL RECORD THE VOTE ON A-2505. THIS IS A PARTY VOTE. ANY
MEMBER WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THE CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS AND SO IT'S A PARTY
VOTE AND WE LOOK FORWARD TO HAVING A PARTY WHEN WE'RE DONE TODAY.
BUT THOSE WHO WANT TO LINGER LONGER SHOULD CERTAINLY MAKE SURE THAT
THEIR VOTE IS RECORDED BY CALLING THE MINORITY LEADER'S OFFICE. THANK
YOU, MADAM SPEAKER.
ACTING SPEAKER GONZÁLEZ-ROJAS: SO
NOTED.
MS. HYNDMAN.
MS. HYNDMAN: THANK YOU, MADAM SPEAKER. I'D
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NYS ASSEMBLY MAY 25, 2021
LIKE TO REMIND MY COLLEAGUES THAT THIS IS A PARTY VOTE. MAJORITY
MEMBERS WILL BE RECORDED IN THE AFFIRMATIVE. IF THERE ARE ANY
EXCEPTIONS, I ASK MAJORITY MEMBERS TO CONTACT THE MAJORITY LEADER'S
OFFICE AND CALL THE NUMBER PREVIOUSLY PROVIDED AND THEN THEIR NAME
WILL BE ANNOUNCED ACCORDINGLY. SORRY, I'M THINKING ABOUT THE PARTY.
(LAUGHTER)
ACTING SPEAKER GONZÁLEZ-ROJAS: SO
NOTED, THANK YOU.
MS. WEINSTEIN TO EXPLAIN HER VOTE.
MS. WEINSTEIN: TO NOT CUT IN TO THE PARTY TIME, LET
ME JUST SAY, THE -- THE REASON FOR THIS BILL IS THAT THERE ISN'T A NEGOTIATED
POSITION ON WHERE TO BRING ACTIONS, BUT SO OFTEN CONSUMERS WHO WE
WANT TO MAKE SURE HAVE EXTRA PROTECTIONS ARE FACED WITH BOILER PLATE
LANGUAGE ABOUT VENUE, OFTEN VERY FAR AWAY FROM WHERE THEY LIVE, IT
MAY EVEN BE IN ANOTHER STATE, SUCH AS WHEN YOU CLICK ON ON ACCEPTING
TERMS AND CONDITIONS ONLINE, FOR EXAMPLE, EBAY HAS A CLAUSE IN IT THAT
ARBITRATION HAS TO TAKE PLACE AT THEIR HOME BASE IN CALIFORNIA. SO IT'S
VERY IMPORTANT TO PROVIDE THIS EXTRA PROTECTION FOR CONSUMERS, AND I
URGE MY COLLEAGUES TO VOTE YES.
ACTING SPEAKER GONZÁLEZ-ROJAS: THANK
YOU.
MR. MONTESANO TO EXPLAIN HIS VOTE.
MR. MONTESANO: THANK YOU, MADAM SPEAKER.
FIRST, I'D LIKE TO THANK THE SPONSOR FOR -- FOR THIS BILL. YOU KNOW, A LOT'S
BEEN SAID ABOUT THE CONSTITUTION AND, YOU KNOW, YOU CAN'T AFFECT THE
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NYS ASSEMBLY MAY 25, 2021
CONTRACTS BETWEEN PARTIES, AND THAT'S FOR CONTRACTS THAT ARE FAIRLY
NEGOTIATED. THERE'S NOTHING ABOUT THESE CONTRACTS THAT ARE FAIRLY
NEGOTIATED. I'VE BEEN LEASING CARS FOR OVER 20 YEARS AND BEFORE THAT,
FINANCING CARS. THERE IS NO WAY, NO HOW THEY WILL EVER CHANGE THE
LANGUAGE ON ONE OF THOSE LEASE OR FINANCED AGREEMENTS. THEY'RE ALL
BOILER PLATE. AND YOU TALK ABOUT THERE'S A POSSIBILITY OF THE CAR LEASING
COMPANY OR FINANCING BANK HAS TO GO WHERE YOU WANT TO LITIGATE THE
CASE. HOW ABOUT YOU GOING TO THE STATES THAT THEY COME OUT OF TO
LITIGATE A CASE? THEY -- YOU COULD GET THE -- THE CAR, YOU COULD LEASE
THE CAR, BUY THE CAR FROM YOUR LOCAL DEALER, BUT THE FINANCING
AGREEMENT OR LEASE AGREEMENT IS HELD BY A COMPANY OUTSIDE THE STATE,
THEY'RE NEVER LOCAL. SO YOU'RE THE ONE WHO'S DOING THE TRAVELING,
WHEREAS A BANK WHO'S DOING THE FINANCING WHETHER IT'S FOR A LEASE OR A
PURCHASE, THEY HAVE THE ABILITY TO HAVE TO COUNSEL ANYWHERE TO GO
ANSWER A CASE. SO IF THE -- IF THE BANK IS IN NEW JERSEY OR IF THE BANK
IS IN CALIFORNIA AND THERE'S A CONTROVERSY HERE IN NEW YORK, YOU CAN
REST ASSURED, THEY HAVE ENOUGH COUNSEL, ATTORNEY TO APPEAR FOR THEM,
YOU KNOW, IN THE STATE.
SO THERE'S NOT A FAIR -- A FAIR PLAYING FIELD WHEN YOU
ENTER INTO THESE CONTRACTS; IN FACT, MY OPINION IS WHAT WE CALL IN THE
LEGAL PROFESSION, THEY'RE ADHESION CONTRACTS, THEY'RE NOT -- THEY'RE NOT
EVEN, THEY'RE NOT EVENLY NEGOTIATED, THEY'RE ONE-SIDED CONTRACTS. SO
I'M GOING TO BE SUPPORTING THIS BILL. I THINK IT'S NECESSARY TO GET THESE
-- THESE BANKS AND FINANCE COMPANIES AND SOME OF THESE BIG CORPORATE
ENTITIES BACK INTO LINE WHEN IT COMES TO DEALING WITH CONSUMER
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NYS ASSEMBLY MAY 25, 2021
DISPUTES AND CONTROVERSY. SO I'LL BE VOTING IN THE AFFIRMATIVE. THANK
YOU, MADAM SPEAKER.
ACTING SPEAKER GONZÁLEZ-ROJAS: THANK
YOU.
MR. GOODELL TO EXPLAIN HIS VOTE.
MR. GOODELL: THANK YOU, AND I CERTAINLY
APPRECIATE THE COMMENTS OF ALL MY COLLEAGUES. JUST A LITTLE STORY.
WHEN I WAS A SECOND YEAR LAW STUDENT, I HAD TO BORROW MONEY TO
FINISH MY LAW DEGREE. AND AS ONE OF MY COLLEAGUES MENTIONED, I GOT A
PREPRINTED FORM THAT HAD A VENUE PROVISION. AND SINCE I WAS A
BUDDING ATTORNEY I FELT COMPELLED TO ACTUALLY READ THE FINE PRINT. AND
SO I TOOK THE VENUE PROVISION, CROSSED IT OUT AND WROTE IN THAT ANY
ACTION WOULD BE INVOLVED WOULD HAVE TO BE IN CHAUTAUQUA COUNTY.
NEVER HAD A PROBLEM. THANK GOD THEY NEVER HAD TO SUE ME. BUT,
YEAH, YOU NEVER GET ANY NEGOTIATION UNLESS YOU ASK, BUT IF YOU ASK, YOU
CAN SOMETIMES GET SOME FLEXIBILITY. THANK YOU, MADAM.
ACTING SPEAKER GONZÁLEZ-ROJAS: THANK
YOU.
MR. GOODELL.
MR. GOODELL: THANK YOU, MADAM SPEAKER.
PLEASE RECORD MS. GIGLIO AND MR. MONTESANO IN THE AFFIRMATIVE.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER GONZÁLEZ-ROJAS: SO
NOTED. THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
(PAUSE)
ACTING SPEAKER AUBRY: MS. HYNDMAN.
MS. HYNDMAN: MR. SPEAKER, DO WE HAVE ANY
FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE HAVE BOTH, MS.
HYNDMAN, AND WE'LL DO THE HOUSEKEEPING FIRST.
ON A MOTION BY MS. PAULIN, PAGE 16, CALENDAR NO.
190, BILL NO. 118-A, THE AMENDMENTS ARE RECEIVED AND ADOPTED.
ON A MOTION BY MR. PICHARDO, PAGE 24, CALENDAR NO.
317, BILL NO. A4954-A, AMENDMENTS ARE RECEIVED AND ADOPTED.
AND ON BEHALF OF MS. HYNDMAN, ASSEMBLY BILL
RECALLED FROM THE SENATE. THE CLERK WILL READ THE TITLE OF THE BILL --
THIS IS BILL NO. A06229-A. THE CLERK WILL READ THE TITLE OF THE BILL.
THE CLERK: AN ACT TO AMEND THE PUBLIC HEALTH
LAW.
ACTING SPEAKER AUBRY: THERE IS A MOTION TO
RECONSIDER THE VOTE BY WHICH THE BILL PASSED THE HOUSE. THE CLERK
WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
THE CLERK WILL ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS BEFORE THE HOUSE AND THE AMENDMENTS ARE
RECEIVED AND ADOPTED.
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NYS ASSEMBLY MAY 25, 2021
AND WE HAVE NUMEROUS FINE RESOLUTIONS, MS.
HYNDMAN, WHICH WE WILL TAKE 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. 336-338
WERE UNANIMOUSLY APPROVED.)
MS. HYNDMAN.
MS. HYNDMAN: I NOW MOVE THAT THE ASSEMBLY
STAND ADJOURNED UNTIL 11:00 A.M., WEDNESDAY, MAY 26TH, TOMORROW
BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 7:16 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL WEDNESDAY, MAY 26TH AT 11:00 A.M., WEDNESDAY
BEING A SESSION DAY.)
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