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

                                         62



                    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

                                         63



                    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

                                         64



                    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

                                         65



                    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

                                         66



                    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

                                         67



                    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.

                                         68



                    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?

                                         69



                    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?

                                         70



                    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

                                         71



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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,

                                         72



                    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

                                         73



                    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?

                                         74



                    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

                                         75



                    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.

                                         76



                    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

                                         78



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         79



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         80



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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?

                                         81



                    NYS ASSEMBLY                                                       MAY 25, 2021

                                 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

                                         82



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         83



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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 --

                                         84



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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.

                                         85



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         86



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         87



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         88



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         89



                    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

                                         90



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         91



                    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

                                         92



                    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

                                         93



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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.

                                         94



                    NYS ASSEMBLY                                                       MAY 25, 2021

                                 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

                                         95



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         96



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         97



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         98



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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.

                                         99



                    NYS ASSEMBLY                                                       MAY 25, 2021

                                 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

                                         100



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         101



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         102



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         103



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         104



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         105



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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.)

                                         106



                    NYS ASSEMBLY                                                       MAY 25, 2021

                                 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

                                         107



                    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

                                         108



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         109



                    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.

                                         110



                    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.

                                         111



                    NYS ASSEMBLY                                                       MAY 25, 2021

                    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

                                         112



                    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

                                         113



                    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

                                         114



                    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

                                         115



                    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.

                                         116



                    NYS ASSEMBLY                                                       MAY 25, 2021

                                 (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.

                                         117



                    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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