FRIDAY, APRIL 19, 2024 12:03 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

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

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF THURSDAY, APRIL THE 18TH.

MRS. PEOPLES-STOKES.

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

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF THURSDAY, APRIL THE

NYS ASSEMBLY APRIL 19, 2024

18TH AND THAT THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, SIR.

COLLEAGUES AND GUESTS THAT ARE IN THE CHAMBERS, I'D LIKE TO SHARE A

QUOTE WITH YOU TODAY. THIS ONE IS FROM ELIZABETH LYNNE CHENEY. SHE

IS AN AMERICAN ATTORNEY AND A POLITICIAN. SHE REPRESENTED WYOMING'S

AT-LARGE CONGRESSIONAL DISTRICT IN THE U.S. HOUSE OF REPRESENTATIVES

FROM 2017 TO 2023. HER WORDS FOR US TODAY: WE MAY HAVE DISAGREED

ON PRETTY MUCH EVERYTHING ELSE, BUT NANCY PELOSI AND I SAW EYE TO EYE

ON ONE THING THAT MATTERED MORE THAN ANY OTHER: THE DEFENSE OF OUR

CONSTITUTION AND THE PRESERVATION OF OUR REPUBLIC. AGAIN, THESE

WORDS FROM ELIZABETH CHENEY.

MR. SPEAKER, MEMBERS HAVE ON THEIR DESKS A MAIN

CALENDAR. WE ARE GOING TO CALL FOR THE FOLLOWING COMMITTEES TO MEET,

RULES AND WAYS AND MEANS. THESE COMMITTEES ARE GOING TO CREATE

AND PRODUCE AN A-CALENDAR, WHICH WE WILL TAKE UP TODAY. AFTER

HOUSEKEEPING AND/OR INTRODUCTIONS THE HOUSE WILL STAND AT EASE UNTIL

THE CONCLUSION OF THE RULES COMMITTEE. IF THERE IS A NEED, AND THERE

PROBABLY WILL BE A NEED FOR FURTHER FLOOR ACTIVITY, I WILL ANNOUNCE THAT

AS WE PROCEED. HOWEVER, WE CAN EXPECT A VERY LONG DAY, BUT WE HOPE

THERE'S A VERY LONG BUT PRODUCTIVE DAY. I WANT TO THANK MY COLLEAGUES

FOR THEIR CONTINUED PATIENCE AND COOPERATION AS WE CONTINUE TO DO OUR

WORK TO ADOPT A NEW YORK STATE BUDGET.

NYS ASSEMBLY APRIL 19, 2024

SO MR. SPEAKER, THAT'S A GENERAL OUTLINE OF WHERE

WE'RE GOING TODAY. IF YOU HAVE INTRODUCTIONS OR HOUSEKEEPING NOW

WOULD BE A GREAT TIME, SIR. THANK YOU.

ACTING SPEAKER AUBRY: WE DO HAVE

INTRODUCTIONS, BUT MRS. PEOPLES-STOKES MAYBE WE SHOULD CALL THE

COMMITTEES.

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

COULD CALL THE WAYS AND MEANS COMMITTEE IMMEDIATELY TO THE

SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: WAYS AND MEANS,

SPEAKER'S CONFERENCE ROOM.

FOR THE PURPOSES OF A INTRODUCTION, MR. SIMPSON.

MR. SIMPSON: THANK YOU, MR. SPEAKER. I'M

DELIGHTED TODAY TO HAVE THE LAKE GEORGE ELEMENTARY FIFTH GRADERS HERE

TODAY. THIS IS A GREAT SCHOOL IN MY DISTRICT AND ACTUALLY ONE THAT I

ATTENDED AS AN ELEMENTARY STUDENT BACK IN 1976. SO IT BRINGS ME GREAT

PLEASURE TO INTRODUCE THE STUDENTS AND THE TEACHERS OF THIS SCHOOL AND I

WOULD ALSO ASK FOR YOUR -- OFFER THEM THE CORDIALITIES OF THE PEOPLE'S

HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. SIMPSON, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THESE

FIFTH GRADERS HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR, COMMEND YOU ON YOUR PATIENCE AND BEING SO

QUIET AND COOPERATIVE THIS MORNING. WE HOPE YOUR TRIP TO ALBANY WILL

BE BENEFICIAL. HOPE YOU ENJOY THIS AND I HOPE AS IT APPROACHES, YOU

NYS ASSEMBLY APRIL 19, 2024

HAVE A GREAT SUMMER, BECAUSE THERE'S NOTHING LIKE THE SUMMER AND

BEING OUT OF SCHOOL. THANK YOU SO VERY MUCH. HAPPY TO HAVE YOU.

(APPLAUSE)

MRS. PEOPLES-STOKES.

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

PLEASE PUT THE HOUSE AT EASE.

ACTING SPEAKER AUBRY: THE HOUSE WILL STAND

AT EASE.

(WHEREUPON, AT 12:07 P.M. THE HOUSE STOOD AT EASE)

* * * * *

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MEMBERS HAVE ON THEIR

DESK AN A-CALENDAR. MR. SPEAKER, I'D NOW LIKE TO ADVANCE THAT

A-CALENDAR.

ACTING SPEAKER AUBRY: ON MRS.

PEOPLES-STOKES' MOTION THE A-CALENDAR IS ADVANCED.

MRS. PEOPLES-STOKES: THANK YOU, SIR.

ACTING SPEAKER AUBRY: ON THE A-CALENDAR,

PAGE 3, RULES REPORT NO. 34, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08804-D, RULES

REPORT NO. 34, BUDGET BILL. AN ACT MAKING APPROPRIATIONS FOR THE

SUPPORT OF GOVERNMENT, CAPITAL PROJECTS BUDGET.

ACTING SPEAKER AUBRY: GOVERNOR'S MESSAGE

IS AT THE DESK. THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

NYS ASSEMBLY APRIL 19, 2024

KATHY HOCHUL, GOVERNOR.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. WEINSTEIN.

MS. WEINSTEIN: THANK YOU, MR. SPEAKER. TODAY

THE STATE ASSEMBLY IS -- HAS BEFORE US THE CAPITAL PROJECTS BILL. THIS IS

THE SECOND APPROPRIATION BILL OF THIS LEGISLATIVE SEASON. THE CAPITAL

PROJECTS BILL THAT MEMBERS HAVE, APPROPRIATES 21.7 BILLION FOR STATE

FISCAL YEAR 2024-'25, WHILE AUTHORIZING DISBURSEMENTS OF UP TO 17.6

BILLION ON AN ALL-FUNDS BASIS FOR CAPITAL PROJECTS FOR FISCAL YEAR '24-'25.

THE CAPITAL PROJECTS BILL MAKES CRITICAL INVESTMENTS IN TRANSPORTATION,

HEALTH, EDUCATION, ECONOMIC DEVELOPMENT, PUBLIC PROTECTION, SOCIAL

WELFARE, HOUSING AND OTHER AREAS. TRANSPORTATION AND ECONOMIC

DEVELOPMENT, CAPITAL OBLIGATIONS ACCOUNT FOR 10.4 BILLION OR 48 PERCENT

OF THE TOTAL SPENDING IN STATE FISCAL YEAR '24-'25. CAPITAL SPENDING OVER

THE NEXT FIVE YEARS IS EXPECTED TO AVERAGE 18.7 BILLION. AND WITH THAT

MR. SPEAKER, HAPPY TO TAKE ANY QUESTIONS.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL CHAIR

WEINSTEIN YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. RA: THANK YOU. SO, AS YOU MENTIONED, THIS IS

OUR SECOND APPROPRIATION BILL AFTER DEBT SERVICE, WHICH WE OBVIOUSLY

DID SEVERAL WEEKS AGO AT THIS POINT, BUT WE DO NOT AT THIS POINT HAVE A

NYS ASSEMBLY APRIL 19, 2024

FULL FINANCIAL PLAN YET?

MS. WEINSTEIN: THAT -- THAT IS CORRECT.

MR. RA: OKAY. AND WE DON'T HAVE A FULL PICTURE OF

WHAT THE TOTAL SPENDING WILL BE IN THIS BUDGET?

MS. WEINSTEIN: CORRECT.

MR. RA: OKAY. YOU MENTIONED THE APPROPRIATION

AMOUNTS AND THE FISCAL IMPACT OF THIS BILL. HOW MUCH IN NEW DEBT

ISSUANCES IS PART OF THIS BILL?

MS. WEINSTEIN: EIGHT BILLION.

MR. RA: THANK YOU. AND IN GENERAL, BEFORE I GET TO

SOME SPECIFIC PROVISIONS, CAN YOU IDENTIFY THE APPROPRIATIONS OR

PROGRAMS IN THIS BILL THAT ARE DISCRETIONARY FUNDS EITHER SUPPORTED BY

THE GOVERNOR OR THE MAJORITIES THAT DON'T HAVE SET RECIPIENTS THROUGH

SOME TYPE OF FORMULA?

(PAUSE)

MS. WEINSTEIN: YOU WANT TO KNOW WHAT THAT TOTAL

DOLLAR AMOUNT IS?

MR. RA: YES.

(PAUSE)

MS. WEINSTEIN: I BELIEVE IT'S 4 -- 4 -- 435 MILLION.

MR. RA: THANK YOU. SO WITH REGARDS TO SOME OF THE

SPECIFIC PIECES OF THIS. STARTING WITH ENVIRONMENTAL CONSERVATION. SO

WE HAVE A RESTORATION OF THE $250,000,000 IN CLEAN WATER

INFRASTRUCTURE ACT FUNDING, CORRECT?

MS. WEINSTEIN: YES.

NYS ASSEMBLY APRIL 19, 2024

MR. RA: SO THAT BRINGS US BACK TO $500 MILLION,

WHICH IS THE SAME AS LAST YEAR.

MS. WEINSTEIN: CORRECT.

MR. RA: DO WE KNOW HOW MUCH OF THIS FUNDING WE

HAVE ACTUALLY SPENT OUT OVER THE PAST FEW YEARS, AND HOW MUCH IS

BEING REAPPROPRIATED?

(PAUSE)

MS. WEINSTEIN: WELL, I DO BELIEVE THAT THE

REAPPROPS ARE -- ARE SUBSTANTIAL. THERE IS A LONG PROCESS TO GET THESE

PROJECTS TO THE POINT OF BEING ABLE TO HAVE THE MONEY FLOW.

MR. RA: OKAY. THIS ALSO INCLUDES FUNDING FOR A

MULTI-YEAR EFFORT FOR -- TO PLANT 25 MILLION TREES. FIFTEEN MILLION

DOLLARS IN NEW FUNDING I BELIEVE, CORRECT?

MS. WEINSTEIN: YES.

MR. RA: SO IS THIS -- HOW IS THIS PROGRAM GOING TO

WORK? IS IT UP TO THE MUNICIPALITIES TO JUST DECIDE LOCATIONS TO PLANT

TREES?

MS. WEINSTEIN: IT -- IT WILL BE GRANTS. THIS WAS A

PROPOSAL THE GOVERNOR PUT FORWARD.

MR. RA: THANK YOU. AND THEN THE BUDGET ALSO

INCLUDES $50 MILLION TO SUPPORT THE GREEN NEW YORK COUNCIL WHICH

WAS ESTABLISHED BY EXECUTIVE ORDER 22. SO DO WE KNOW HOW MANY

ELECTRIC VEHICLES THE STATE WILL BE ABLE TO PURCHASE WITH THIS

APPROPRIATION?

MS. WEINSTEIN: I -- I DON'T BELIEVE THAT IT'S -- I'M

NYS ASSEMBLY APRIL 19, 2024

TOLD THAT IT'S NOT FOR ACTUAL VEHICLES BUT IT'S FOR THE FACILITIES, STATE --

STATE FACILITIES.

MR. RA: STATE FACILITIES, OKAY, THANK YOU. WITH

REGARD TO PARKS, THIS NY SWIMS PROPOSAL OR... WELL, I GUESS WE

WOULDN'T CALL IT A PROPOSAL AT THIS POINT AS IT'S IN THE FINAL BUDGET.

MS. WEINSTEIN: CORRECT.

MR. RA: BUT HOW ARE LOCATIONS GOING TO BE SELECTED

FOR THOSE -- FOR THOSE POOLS?

MS. WEINSTEIN: I BELIEVE THAT ACTUALLY WHAT WILL

HAPPEN IS MUNICIPALITIES WILL APPLY FOR THIS FUNDING.

MR. RA: OKAY. AND IS THERE ANY PRIORITIZATION WITH

REGARD TO RURAL OR SUBURBAN AREAS FOR THAT FUNDING?

MS. WEINSTEIN: THE RESTRICTION IS $60 MILLION FOR

UNDERSERVED COMMUNITIES BUT NOT - IT'S NOT URBAN OR RURAL. IT'S JUST THE

UNDERSERVED COMMUNITIES.

MR. RA: UNDERSERVED COMMUNITIES, OKAY, THANK

YOU. ON ECONOMIC DEVELOPMENT, WE HAVE -- YOU KNOW, I TALKED A LOT

ABOUT THIS YESTERDAY, RIGHT? WE HAVE A LOT OF ECONOMIC DEVELOPMENT

PROGRAMS. ONE OF THE ONE THAT I THINK HAS ACTUALLY WORKED WELL HAS

BEEN OUR CENTERS OF EXCELLENCE PROGRAM. YOU KNOW, THEY'VE -- OUR

ARE 14 CENTERS OF EXCELLENCE HAVE CREATED 341 NEW JOBS, ON AN

INVESTMENT OF 11.8 MILLION IN STATE SUPPORT, WHICH IS ONE JOB FOR EVERY

$35,000 IN TAXPAYER FUNDS. BUT, WE HAVE ALSO IN THIS, THE REGIONAL

ECONOMIC DEVELOPMENT COUNCILS. NOW WE'RE PROVIDING FUNDING

AGAIN FOR THAT PROGRAM?

NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: YES.

MR. RA: OKAY. AND DO WE KNOW WHAT THE STATE'S

RETURN ON INVESTMENT HAS BEEN FOR THAT PROGRAM?

MS. WEINSTEIN: WE DON'T HAVE THAT INFORMATION AT

-- AT THIS TIME. OBVIOUSLY IT'S A LOT OF DIFFERENT PROGRAMS SPREAD OUT

THROUGHOUT THE STATE OVER SEVERAL YEARS.

MR. RA: OKAY. AND I MEAN I KNOW FUNDING --

MS. WEINSTEIN: WE DO GET AN ANNUAL REPORT BUT I

DON'T HAVE THE SPECIFICS.

MR. RA: OKAY. WE'VE AWARDED MORE THAN $8

BILLION THROUGH THAT PROGRAM SINCE 2011, WHICH HAS SUPPORTED ALMOST

10,000 PROJECTS. SO I -- I THINK WE WOULD LIKE TO SEE THE TYPE OF RETURN

ON INVESTMENT THAT WE'RE GETTING FROM SOMETHING LIKE THE CENTER OF

EXCELLENCE IN -- IN THIS PROGRAM. IN TERMS OF THE DISCRETIONARY FUNDING

THAT WE TALKED ABOUT EARLIER --

MS. WEINSTEIN: MM-HMM.

MR. RA: -- 98 PERCENT OF NEW YORK BUSINESS HAVE

FEWER THAN 100 EMPLOYEES. IS THERE A SPECIFIC PERCENTAGE OR DOLLAR

AMOUNT OF THE GOVERNOR'S DISCRETIONARY $400 MILLION NEW YORK

WORKS ECONOMIC DEVELOPMENT FUND THAT IS DIRECTED TOWARDS SMALL

BUSINESSES?

MS. WEINSTEIN: NO, I -- I DON'T BELIEVE SO.

MR. RA: OKAY. IN --

MS. WEINSTEIN: I MEAN LET ME JUST SAY THAT -- THAT

IT IS AN ELIGIBLE CATEGORY.

NYS ASSEMBLY APRIL 19, 2024

MR. RA: OKAY. IT'S AN ELIGIBLE CATEGORY BUT NOT --

NOT NECESSARILY PRIORITIZED FOR -- FOR SMALL BUSINESSES. IN TERMS OF

OTHER ECONOMIC DEVELOPMENT, YOU KNOW, WE TALKED I THINK YESTERDAY

REGARDING SOME OF THE MEGA DEALS THAT ARE OUT THERE. ARE WE DOING

ANYTHING WITH REGARD TO THOSE, YOU KNOW, THINGS LIKE MICRON, THOSE

TYPES OF EFFORTS THAT WE MAKE WITH -- WITH BRINGING IN NEW BUSINESSES

AND BRINGING IN FACTORIES IN THE STATE IN THIS BILL?

(PAUSE)

MS. WEINSTEIN: YOU'RE TALKING ABOUT PAST

PROGRAMS OR -- OR GOING FORWARD?

MR. RA: WELL, IN TERMS OF HOW WE AWARD THOSE

DOLLARS GOING FORWARD.

(PAUSE)

MS. WEINSTEIN: SO THEY -- IT IS THROUGH A -- AN

RFP PROCESS THAT HAS TO THEN BE APPROVED.

MR. RA: OKAY, THANK YOU. MOVING ON TO EDUCATION.

SO I -- I -- I THINK MANY OF US ARE AWARE AND I -- THIS IS I THINK A PRETTY,

YOU KNOW, UNIVERSAL THING OF SUPPORT ON BOTH SIDES OF THE AISLE IN

TERMS OF OUR LIBRARIES. ACCORDING TO THE STATE LIBRARY, THERE'S $1.75

BILLION IN UNMET NEEDS TO RE -- REPAIR AND UPDATE OUR STATE -- OUR

LIBRARIES STATEWIDE. I KNOW I HEAR FROM MINE REGULARLY, THEY NEED

ROOFS, THEY NEED HVAC SYSTEMS. WHAT ARE WE DOING WITH REGARD TO

LIBRARY CONSTRUCTION IN -- IN THIS BUDGET?

MS. WEINSTEIN: SO IN TERM -- IN TERMS OF CAPITAL

WE ADD AN ADDITIONAL $10 MILLION FOR A TOTAL OF $44 MILLION WHICH IS 10

NYS ASSEMBLY APRIL 19, 2024

MILLION ABOVE LAST YEAR.

MR. RA: OKAY. AND WITH REGARD TO DIRECTLY AT THE

STATE LEVEL, THE STATE MUSEUM AND LIBRARY, THERE'S -- THERE'S BEEN A FEW

LOCAL NEWS STORIES ABOUT THE STATE OF REPAIR AND -- AND NEEDS WITH

REGARD TO THE STATE MUSEUM. ARE WE GIVING THEM ANY SUPPORT TO MAKE

THOSE REPAIRS?

MS. WEINSTEIN: YES. THERE -- THE BUDGET

INCLUDES $10 MILLION ADDITIONAL CAPITAL AND WE ALSO AMENDED A $59.7

BILLION REAPPROP TO THE CULTURAL EDUCATION STORAGE FACILITY TO ALLOW SED

TO SPEND FUNDS ON THE STATE MUSEUM.

MR. RA: OKAY. DO WE KNOW IF THEY'LL BE ABLE TO

REPAIR THE EARTHQUAKE MEASUREMENT DEVICE WITH THAT?

MS. WEINSTEIN: I -- I THINK THAT'S A LITTLE TOO MICRO

FOR MY KNOWLEDGE.

MR. RA: THANK -- THANK YOU. WITH REGARD TO

SCHOOLS, NON-PUBLIC SCHOOL SAFETY GRANTS. WHAT ARE WE DOING IN THE

BUDGET WITH REGARD TO THOSE?

MS. WEINSTEIN: SO WE HAVE $25 MILLION ABOVE

LAST YEAR FOR NON-PUBLIC SCHOOL HEALTH AND SAFETY PROJECTS SO IT'S A TOTAL

OF 70 MILLION.

MR. RA: OKAY. AND HAVE WE INCLUDED ANY NEW

LANGUAGE IN TERMS OF STREAMLINING THAT PROCESS? I'VE -- I'VE HEARD, YOU

KNOW, A LOT OF FRUSTRATION JUST IN TERMS OF THE TIME IT TAKES TO AWARD

THOSE FUNDS.

MS. WEINSTEIN: NOT SPECIFICALLY IN THIS BUDGET

NYS ASSEMBLY APRIL 19, 2024

BUT SINCE THESE ARE -- HAVE BEEN ONGOING ANNUAL GRANTS THAT HAVE BEEN

AVAILABLE, WE THINK THAT THEY'VE GOTTEN IT INTO A BETTER STATE OF BEING

ABLE TO MOVE FROM THE APPLICATION PROCESS TO ACTUALLY GETTING THE

MONEY OUT THE DOOR.

MR. RA: OKAY. WITH REGARD TO OUR 4201 SCHOOLS.

WE'RE PROVIDING $30 MILLION TO NEW CAPITAL FUNDING?

MS. WEINSTEIN: CORRECT.

MR. RA: HOW IS THAT FUNDING AWARDED AMONGST THE

4201 SCHOOLS?

MS. WEINSTEIN: THEY WILL -- LIKE IN OTHER -- IN

OTHER SITUATIONS, THEY WILL BE APPLYING TO SED FOR A PORTION OF THAT

CAPITAL AND SED WILL MAKE THE DETERMINATIONS.

MR. RA: SED WILL CHOOSE WHICH PROJECTS GET

FUNDED?

MS. WEINSTEIN: YES.

MR. RA: OKAY. AND THEN THE -- ON HIGHER

EDUCATION. I BELIEVE WE HAVE $40 MILLION FOR ANOTHER ROUND OF HIGHER

EDUCATION MATCHING GRANTS PROGRAM?

MS. WEINSTEIN: YES.

MR. RA: ARE WE MAKING ANY CHANGES WITH REGARD TO

THAT IN TERMS OF HOW WE AWARDED AND THE CONTRIBUTION RATIO?

MS. WEINSTEIN: NO, WE ARE NOT.

MR. RA: OKAY. SO IT WOULD REMAIN THEN A 50/50

SPLIT?

MS. WEINSTEIN: YES. THERE -- THERE WILL BE A

NYS ASSEMBLY APRIL 19, 2024

REMAINING SPLIT SITUATION.

MR. RA: OKAY. AND I KNOW THIS IS MAYBE A TOPIC

WE DID GET INTO YESTERDAY BUT ALSO RELATED TO THIS -- THE AI CONSORTIUM.

HOW WAS IT CHOSEN THAT SUNY BUFFALO, AS OPPOSED TO ANY OF THE OTHER

SUNY INSTITUTIONS, WAS THE ONE THAT IS -- IS BEING AWARDED, WHICH IS I

WOULD SAY A SIGNIFICANT SUM OF MONEY FOR THIS AI CONSORTIUM.

MS. WEINSTEIN: MY UNDERSTANDING IS THEY DO

HAVE A GOOD RESEARCH PROGRAM AND THEY HAD THE SPACE TO BE ABLE TO

HAVE THE CONSORTIUM HARDWARE LOCATED.

MR. RA: AND DO WE HAVE ANY PARTICULAR METRICS OR

EXPECTATIONS AS TO WHAT WE THINK THE RETURN ON INVESTMENT WILL BE FROM

THAT?

MS. WEINSTEIN: I -- I THINK IT'S PREMATURE TO -- TO

PREDICT THAT AS THIS POINT. I WOULD JUST KNOW THAT -- THAT BUFFALO ALSO

HAS VERY GOOD ACCESS TO RENEWABLE ENERGY, SUNY BUFFALO, SO THAT'S

ANOTHER THING IN THAT -- THAT CAMPUS' FAVOR.

MR. RA: THANK YOU. WITH REGARD TO THE -- THE PRO

HOUSING CERTIFICATION. NOW, AS WE WERE GOING THROUGH THE HEARING

PROCESS - YOU KNOW, WE HEARD A LOT ABOUT THIS -- NOW WE HAVE DIFFERENT

PROGRAMS NOW THAT I GUESS ARE BEING NOT EVEN PRIORITIZED, BUT ARE -- ARE

THE LOCAL GOVERNMENT NEEDS TO HAVE THAT CERTIFICATION IN ORDER TO ACCESS

THE FUNDS, BUT IT LOOKS TO ME LIKE THE BUDGET LANGUAGE USES A MAY

RATHER THAN --

MS. WEINSTEIN: CORRECT.

MR. RA: -- SHALL LANGUAGE. SO IS -- IS IT THE INTENTION,

NYS ASSEMBLY APRIL 19, 2024

THOUGH, THAT, YOU KNOW, ANY OF THESE PROGRAMS THAT ARE NOW BEING

CONDITIONED ON THAT, WILL -- THE MUNICIPALITY WILL HAVE TO HAVE THAT

DESIGNATION IN ORDER TO ACCESS THEM?

MS. WEINSTEIN: WELL, WE ARE GIVING THE AGENCY

THE LATITUDE SINCE IT IS MAY AND NOT SHALL.

MR. RA: OKAY. BUT I -- I -- I -- I SEE THAT WITH

REGARD TO THE LANGUAGE. I -- I BELIEVE THE COMMISSIONER DURING THE

BUDGET HEARING PROCESS DID INDICATE THAT THE INTENTION WAS THAT THAT BE

A -- A REQUIREMENT RATHER THAN JUST SOMETHING THAT THEY MAY DO. SO DO

WE KNOW WHAT THE INTENTION IS, I GUESS, ON THE REGULATORY SIDE WITH

REGARD TO THIS?

MS. WEINSTEIN: I MEAN THAT -- YOU KNOW, OUR

UNDERSTANDING IS THAT IS THEIR INTENTION GOING FORWARD, BUT IT'S NOT IN THE

STATUTE REQUIREMENT.

MR. RA: OKAY. AND CAN YOU JUST DETAIL WHAT

PROGRAMS ARE GOING TO REQUIRE THIS OR POTENTIALLY REQUIRE THIS PRO

HOUSING CERTIFICATION?

MS. WEINSTEIN: SO, VARIOUS PROGRAMS INCLUDING

DOWNTOWN REVITALIZATION INITIATIVE PROGRAM - THAT'S BEEN HAPPENING

FOR A NUMBER OF YEARS - NY FORWARD PROGRAM, THE REGIONAL COUNCIL

CAPITAL FUNDS [SIC], WE TALKED ABOUT THAT. CAPITAL GRANTS FROM MARKET

NEW YORK, LONG ISLAND INVESTMENT FUND, MID-HUDSON MOMENTUM

FUND, NEW YORK MAIN STREET PROGRAM AND PUBLIC TRANSPORTATION

MODERNIZATION EN -- ENHANCEMENT PROGRAM.

MR. RA: OKAY, THANK YOU. AND DO WE KNOW AT THIS

NYS ASSEMBLY APRIL 19, 2024

POINT HOW MANY LOCAL GOVERNMENTS HAVE BEEN CERTIFIED AND HOW MANY

HAVE APPLIED FOR THAT CERTIFICATION?

MS. WEINSTEIN: SO THERE -- THERE IS AN INTERACTIVE

WEBSITE. SO ON THE RADC'S WEBSITE, THERE ARE 100 -- AS OF MONDAY,

THERE WERE 175 SUBMITTED LETTERS OF INTENT AND 46 HAVE BEEN CERTIFIED.

MR. RA: THANK YOU. WITH REGARD TO SOME PROGRAMS

THAT WE HAVE FUNDED IN PREVIOUS BUDGETS BUT I DON'T BELIEVE THERE'S ANY

NEW FUNDING FOR, THE VETERANS NON-PROFIT CAPITAL PROGRAM. THERE'S NO

NEW FUNDING, CORRECT, WITH REGARD TO THAT PROGRAM?

MS. WEINSTEIN: NO NEW FUNDING, CORRECT.

MR. RA: OKAY. AND MY UNDERSTANDING IS THAT TODAY

IS THE FINAL DAY TO APPLY FOR ROUND TWO OF THAT PROGRAM. DO WE KNOW

HOW LONG IT WILL TAKE TO MAKE AWARDS WITH REGARD TO FUNDING OF VETERAN

SERVICE ORGANIZATIONS?

MS. WEINSTEIN: UNFORTUNATELY I CAN'T -- I -- I DON'T

HAVE THAT INFORMATION.

MR. RA: OKAY. VOLUNTEER FIREFIGHTER INFRASTRUCTURE

GRANT. THERE WAS NO ADDITIONAL FUNDING FOR THOSE IN THIS BUDGET?

MS. WEINSTEIN: THERE IS NO NEW FUNDING. OUR

UNDERSTANDING IS IT'S BEEN DIFFICULT TO, BECAUSE OF THE VARIOUS

ORGANIZATIONS, TO BE ABLE TO GET THAT FUNDING OUT THE DOOR.

MR. RA: OKAY. DO WE KNOW HOW MUCH REMAINS

AVAILABLE FROM PRIOR FUNDING OF THAT PROGRAM?

MS. WEINSTEIN: I WOULD SAY APPROXIMATELY 5

MILLION.

NYS ASSEMBLY APRIL 19, 2024

MR. RA: FIVE MILLION, OKAY, THANK YOU. ON THE

TRANSPORTATION SIDE. YOU KNOW, THE GOVERNOR HAD PROPOSED A CUT OF

$60 MILLION TO CHIPS. WE ARE RESTORING THAT, CORRECT?

MS. WEINSTEIN: YES.

MR. RA: SO THAT BRINGS US BACK TO THE LEVEL WE WERE

AT IN LAST YEAR'S ENACTED BUDGET?

MS. WEINSTEIN: CORRECT.

MR. RA: OKAY. AND THEN, ARE WE LOOKING AT

ANYTHING IN TERMS OF INFRASTRUCTURE FOR CHARGING STATIONS, GARAGE

FACILITIES, FIRE SUPPRESSION SYSTEMS WITH REGARD TO ELECTRIC VEHICLE

MANDATES ON THE STATE?

MS. WEINSTEIN: NOTHING ADDITIONAL, BUT THERE IS A

BOND ACT MONEY THAT IS AVAILABLE FOR THOSE USES.

MR. RA: THANK YOU. I THINK THAT'S ALL I HAVE RIGHT

NOW.

MR. SPEAKER, ON THE BILL.

MS. WEINSTEIN: THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: THANK YOU. SO, I -- I DO WANT TO SINCE THIS

IS REALLY OUR FIRST APPROPRIATION BILL OTHER THAN DEBT SERVICE, REITERATE

THE FACT THAT WE'RE HERE STARTING TO VOTE ON APPROPRIATION BILLS. WE DID

THREE BUDGET BILLS YESTERDAY, WE'RE DOING THIS ONE AND IF YOU INCLUDE

DEBT SERVICE, THAT'S HALF OF THE BILLS THAT MAKE UP OUR BUDGET, AND STILL

NO FINANCIAL PLAN. WE STILL CAN'T ANSWER THE VERY SIMPLE QUESTION OF

HOW MUCH MONEY DOES THIS BUDGET SPEND. WE WILL HAVE ADOPTED

NYS ASSEMBLY APRIL 19, 2024

LIKELY MORE THAN HALF OF THE BILLS THAT MAKE UP THIS BUDGET AFTER WE DO

HEALTH NEXT AND NOT BE ABLE TO ANSWER THAT SIMPLE QUESTION, WHICH TO

ME IS ABSURD. WE KNOW IT'S GOING TO BE SOMEWHERE NORTH OF 235

BILLION, THE GOVERNOR SAID 237 THE OTHER DAY, BUT WE'RE VOTING ON MORE

THAN HALF THE BUDGET WITHOUT KNOWING THAT FOR A FACT, WITHOUT LOOKING

AT A SIMPLE DOCUMENT THAT SHOWS US WHAT MONEY IS COMING IN AND

WHAT MONEY IS GOING OUT? THAT'S ABSURD. AND I -- AND I REALLY HAVE TO

SAY, YOU KNOW, IN THE 14 YEARS THAT -- THAT I'VE BEEN HERE AND

UNFORTUNATELY THIS HAS PROBABLY BEEN THE CASE MORE OFTEN THAN NOT, BUT

IT JUST SEEMS TO GET WORSE AND WORSE AND WORSE. AND IN PARTICULAR, I

HAVE TO SAY IF IT WASN'T FOR POOR LEADERSHIP, THERE'D BE NO LEADERSHIP

COMING FROM THE SECOND FLOOR. THE GOVERNOR IS OUT THERE

GLAD-HANDING TODAY TALKING ABOUT THE -- THE CANNABIS, ILLEGAL CANNABIS

THAT WAS IN THE BUDGET BILL YESTERDAY AND THAT'S GREAT. WE -- WE ALL

THOUGHT THAT WAS NECESSARY, BUT SHE SHOULD BE UP HERE DOING HER JOB

AND MAKING SURE WE HAVE A FINANCIAL PLAN AS WE'RE ADOPTING THIS

BUDGET, NOT SPIKING THE BALL IN THE FIVE-YARD LINE. SO I -- I -- I REALLY

THINK THAT SHE IS FAILING TO LEAD THIS STATE RIGHT NOW, AND I -- AND I -- I

THINK THIS DIRECTLY REFLECTS ON HER AND IT'S NOT -- IT'S NOT ON THE STAFF, IT'S

NOT ON THE DIVISION OF BUDGET, IT'S THE LEADERSHIP THAT IS COMING FROM

THAT ONE INDIVIDUAL WHICH IS LACKING RIGHT NOW. WE'RE HERE IN REALLY

MID-TO-LATE APRIL. LAST YEAR WE DIDN'T HAVE A BUDGET DONE UNTIL MAY

1ST. WE'RE HOPING THAT WITHIN THE NEXT 24 HOURS WE'RE GOING TO WRAP

THIS UP, BUT STILL WE HAVE FOUR BILLS THAT AREN'T EVEN IN PRINT ON APRIL

19TH, AND WE DON'T KNOW HOW MUCH MONEY WE'RE SPENDING IN THIS

NYS ASSEMBLY APRIL 19, 2024

BUDGET. THAT IS A FAILURE. IT'S NOT SOMETHING ANY OF US SHOULD BE HAPPY

ABOUT AND -- AND I JUST -- I REALLY JUST DON'T KNOW WHAT ELSE TO SAY AT

THIS POINT. THIS CAPITAL BILL DOES A LOT OF GOOD THINGS. AS I ALWAYS SAY

WHEN YOU'RE SPENDING THAT KIND OF MONEY, YOU'RE GOING TO MAKE A LOT

OF PEOPLE HAPPY. I'M HAPPY TO SEE SUPPORT FOR OUR 4201 SCHOOLS, I'M

HAPPY TO SEE LIBRARY CONSTRUCTION, I'M HAPPY TO SEE AT LEAST A

RESTORATION WITH REGARD TO THE CHIPS PROGRAM TO HELP -- TO HELP OUR

LOCAL GOVERNMENTS, YOU KNOW, WITH PAVING, BUT, YOU KNOW, WE HAVE

AGAIN A LOT OF DISCRETIONARY FUNDING THAT -- THAT -- THAT IS IN HERE THAT IS

NOT LINED OUT GOING BACK TO THE POINT OF TRANSPARENCY, SO -- SO THAT'S A

CONCERN FOR ME. I HOPE THAT AS WE GET INTO THE NEXT BILL, WHICH --

WHICH WILL BE HEALTH AND WE'RE GOING TO HAVE PLENTY TO SAY ABOUT THAT,

THERE'S OBVIOUSLY SOME VERY TROUBLING PROPOSALS WITHIN -- WITHIN THAT

BUDGET BILL, BUT MAN, WE NEED TO HAVE A FINANCIAL PLAN SO WE CAN LOOK

AND SAY THIS IS HOW MUCH MONEY THIS STATE IS SPENDING IN THIS BUDGET.

NOT HAVE HALF THE BUDGET ALREADY PASSED WITHOUT KNOWING THAT SIMPLE

FACT. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. SLATER.

MR. SLATER: THANK YOU, MR. SPEAKER. WILL THE

CHAIR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

NYS ASSEMBLY APRIL 19, 2024

MR. SLATER: GOOD AFTERNOON, MADAM CHAIR. I

HAVE SOME QUESTIONS ON THE TRANSPORTATION PORTION OF THIS BUDGET --

MS. WEINSTEIN: SURE.

MR. SLATER: -- IF WE CAN DIVE RIGHT INTO THAT. CAN

YOU WALK ME THROUGH THE FUNDING THAT'S BEING PROPOSED AS IT RELATES TO

REPAVING AND INVESTING IN STATE AND LOCAL ROADS?

MS. WEINSTEIN: SURE. SO THE -- THIS IS FOR STATE

ROADS THAT RUN THROUGH MUNICIPALITIES THAT WE WILL BE -- IT IS -- IT'S $1.3

BILLION TOTAL WHICH IS 100 MILLION ABOVE THE GOVERNOR.

MR. SLATER: IN TOTAL INVESTMENT FOR BOTH STATE AND

LOCAL?

MS. WEINSTEIN: THIS IS JUST THE LOCAL PORTION.

MR. SLATER: JUST LOCAL PORTION, THANK YOU. THE

SENATE AND ASSEMBLY ONE-HOUSE BUDGETS INCLUDED $400 MILLION IN

DOT CORE CAPITAL IMPROVEMENT PROJECTS WE'RE FUNDING FOR -- TO THE

TUNE OF $400 MILLION FOR THOSE TYPES OF PROJECTS FOR THE DOT CORE

CAPITAL PLAN. CAN YOU IDENTIFY FOR ME WHERE THAT ALLOCATION IS IN THIS

BUDGET?

MS. WEINSTEIN: YOU'RE CORRECT THAT IT WAS IN OUR

ONE-HOUSE. IT DID NOT MAKE IT INTO THE FINAL BUDGET THAT WE ARE VOTING

ON TODAY.

MR. SLATER: AND COULD YOU MAYBE EXPLAIN TO ME

IF YOU CAN SHED SOME LIGHT AS TO WHY IT WAS NOT INCLUDED?

MS. WEINSTEIN: THE EXECUTIVE WAS NOT

CONVINCED TO GO ALONG WITH OUR PROPOSAL.

NYS ASSEMBLY APRIL 19, 2024

MR. SLATER: WELL, MAYBE IF THE EXECUTIVE IS, AS

MY COLLEAGUE SAID, SPIKING THE FOOTBALL AT THE FIVE-YARD LINE, SHE CAN

DRIVE THROUGH THE HUDSON VALLEY ON SOME OF THE STATE ROADS AND THEN

MAY CHANGE HER MIND.

IF WE COULD TURN OUR ATTENTION TO CHIPS.

MS. WEINSTEIN: YES.

MR. SLATER: I'M HAPPY TO SEE THAT WE STOPPED THE

GOVERNOR'S PROPOSED CUTS TO CHIPS.

MS. WEINSTEIN: CORRECT.

MR. SLATER: DO WE KNOW WHAT THE INCREASE IN

PAVING COSTS HAVE BEEN OVER THE LAST FIVE YEARS?

MS. WEINSTEIN: I -- THAT I DO NOT KNOW.

MR. SLATER: ACCORDING TO ONE OF MY LOCAL

HIGHWAY SUPERINTENDENTS, HE IS REPORTING TO ME THAT IN THE LAST FIVE

YEARS HE'S SEEN AN INCREASE OF ASPHALT FROM $78 A TON TO $130 A TON.

AND I'M JUST WONDERING IF WE KNOW OR IF YOU CAN SHARE WITH US IN

THOSE -- IN THAT FIVE YEAR SPAN, WHAT HAS THE STATE DONE WHEN IT COMES

TO CHIPS? HAVE WE SEEN AN INCREASE IN FUNDING? IS IT A FLAT FUNDING?

IS IT IN -- IS IT KEEPING PACE WITH THE INCREASED COSTS OF MAINTAINING

LOCAL ROADS?

MS. WEINSTEIN: WELL, WE LOOKED FOR THE -- THE

DETAILS. WE HAVE HAD -- WE HAVE HAD -- WE'VE HAD AN INCREASE, LIKE --

WE DO HAVE AN INCREASE FROM FIVE YEARS AGO IN THE DOT'S CAPITAL PLAN.

I COULDN'T TELL YOU IF IT'S THAT SAME PERCENTAGE THAT YOU TALK ABOUT IN

TERMS OF ASPHALT.

NYS ASSEMBLY APRIL 19, 2024

MR. SLATER: FOR THE DOT CAPITAL PLAN. WHAT

ABOUT CHIPS? HAS THE CHIPS FUNDING THAT GOES TO LOCAL ROADS, HAS

THAT ALSO INCREASED OR HAS THAT REMAINED FLAT?

MS. WEINSTEIN: YES. IT HAS INCREASED OVER THESE

PAST --

MR. SLATER: WOULD YOU BE ABLE TO TELL ME HOW

MUCH, APPROXIMATELY?

MS. WEINSTEIN: I'M -- I'M SORRY. I'D BE HAPPY TO.

I CAN'T TELL YOU NOW BECAUSE I DON'T -- WE DON'T HAVE THAT DATA HERE.

MR. SLATER: UNDERSTOOD.

MS. WEINSTEIN: I'D BE HAPPY TO SHARE WITH YOU

AFTER THIS DEBATE.

MR. SLATER: BUT THIS BUDGET MAINTAINS THE SAME

FUNDING AS THE PREVIOUS YEARS; IS THAT CORRECT?

MS. WEINSTEIN: YES. WE -- WE'VE AGREED TO

RESTORE TO LAST YEAR'S LEVEL.

MR. SLATER: THANK YOU. AND I JUST WANT TO GO

BACK, IF WE CAN, JUST TO THE DOT FUNDING. SO WE KNOW THAT GOVERNOR

HOCHUL SINGLE-HANDEDLY REJECTED $400 MILLION FOR STATE ROADS. IS THERE

ANY MONEY BEING ALLOCATED FOR OUR REGIONAL DOT SO THAT THEY CAN

IMPROVE THE STATE OF OUR STATE ROADS AND BRIDGES?

MS. WEINSTEIN: WELL, JUST GOING BACK TO THE -- THE

DOT CAPITAL PLAN. THIS FIVE-YEAR PLAN IS APPROXIMATELY 40 PERCENT

HIGHER THAN THE PRIOR FIVE-YEAR PLAN. SO, YOU KNOW, WITHOUT THE ACTUAL

DOLLAR FIGURES, I CAN TELL YOU THAT IT'S SUBSTANTIALLY HIGHER.

NYS ASSEMBLY APRIL 19, 2024

MR. SLATER: WELL, I KNOW THAT -- I KNOW THAT WE

HAD TESTIMONY DURING THE BUDGET HEARINGS BY SOME OF OUR EXPERTS AND

THEY WERE REQUESTING $500 MILLION. AND SO WE WENT FROM 500 TO 400

TO ZERO TO DEAL WITH THE -- THE STATE OF OUR BRIDGES AND ROADS THAT ARE

RUN BY NEW YORK STATE, BUT -- SO CAN YOU DIVE MAYBE DEEPER INTO THAT

FIVE-YEAR CAPITAL PLAN SO WE HAVE AN IDEA AS TO HOW MUCH MONEY OUR

REGIONAL DOT HUBS ARE GOING TO HAVE AVAILABLE TO THEM?

MS. WEINSTEIN: THE -- THE PLAN ISN'T BROKEN DOWN

BY REGION, BUT WE DO THINK THAT IT FULLY FUNDS THE -- THE NEEDS GOING

FORWARD.

MR. SLATER: SO SINCE IT'S NOT BROKEN DOWN BY

REGION I'M ASSUMING, AND PLEASE IF YOU COULD SHED SOME LIGHT, NONE OF

THAT IS ALLOCATED BASED ON THE HIGHWAY AND BRIDGE CONDITIONS REPORT?

(PAUSE)

MS. WEINSTEIN: I MEAN IT IS A NEEDS-BASED

PROGRAM SO THE... (PAUSE), RIGHT. IT'S A -- IT'S A NEEDS-BASED PROGRAM. I

COULDN'T TELL YOU DIRECTLY WHETHER IT IS -- HOW MUCH IS BASED ON ANY

BRIDGE MAINTENANCE SURVEYS.

MR. SLATER: SO IF IT'S A NEEDS-BASED PROGRAM, IS

THERE ANY WAY OF TELLING US WHAT THOSE NEEDS ARE BASED ON? IS IT BASED

ON THE CONDITIONS REPORT WHICH TELLS US THAT, FOR INSTANCE, REGION 8, MY

REGION IN THE HUDSON VALLEY HAS THE WORST ROAD CONDITIONS IN THE STATE

OF NEW YORK? AND SO, IF THAT'S THE CASE, THEY SHOULD BE GETTING THE

MOST AMOUNT OF MONEY OUT OF THAT CAPITAL PROJECT PLAN?

MS. WEINSTEIN: I DON'T HAVE THE DETAILS ON THE --

NYS ASSEMBLY APRIL 19, 2024

ON THE BREAKDOWN, BUT APPROXIMATELY 53 PERCENT OF THE FIVE-YEAR

CAPITAL PLAN IS SPENT ON STATE ROAD AND BRIDGE MAINTENANCE,

CONSTRUCTION AND ENGINEERING, RIGHT-OF-WAY COSTS BUT, YOU KNOW, AGAIN,

I -- I CAN'T TELL YOU ABOUT THE HUDSON VALLEY.

MR. SLATER: UNDERSTOOD, I APPRECIATE THAT. IF WE

CAN JUST PIVOT QUICKLY TO THE RESILIENT READY PROGRAM THAT'S BEING

PROPOSED. HOW MUCH ARE WE PROPOSING FOR THIS PROGRAM?

MS. WEINSTEIN: FORTY MILLION DOLLARS.

MR. SLATER: AND WHICH AGENCY IS GOING TO

ADMINISTER THOSE FUNDS?

MS. WEINSTEIN: HOUSING, HCR.

MR. SLATER: AND CAN YOU DESCRIBE FOR US WHAT OR

WHO IS INTENDED TO BENEFIT FROM THIS PROGRAM? WHO QUALIFIES FOR THESE

DOLLARS?

(PAUSE)

MS. WEINSTEIN: I DON'T THINK WE HAVE THE DETAILS

YET ON IT. IT'S STILL BEING DEVELOPED, BUT THE GOAL IS TO HELP HOMEOWNERS

BETTER PREPARE FOR NATURAL DISASTERS.

MR. SLATER: VERY GOOD, THANK YOU VERY MUCH. I

APPRECIATE YOU ANSWERING MY QUESTIONS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SLATER: YOU KNOW, I AM VERY DISHEARTENED,

DISAPPOINTED IN THIS PARTICULAR BUDGET, ESPECIALLY AS IT RELATES TO

FUNDING OF OUR ROADS. IF YOU COME TO THE HUDSON VALLEY AND YOU TALK

NYS ASSEMBLY APRIL 19, 2024

TO OUR RESIDENTS, YOU TALK TO MY CONSTITUENTS AND YOU SAY THE WORD

ROADS THEY START TO TWITCH, AND THEY TWITCH BECAUSE THEY KNOW THAT THE

CONDITIONS OF OUR ROADS IS SUBPAR. IN FACT, THE LATEST CONDITIONS REPORT

TELLS US THAT REGION 8, THE HUDSON VALLEY, HAS THE WORST CONDITIONS OF

STATE ROADS IN THE ENTIRE STATE OF NEW YORK. AND THERE IS A CONCERTED

EFFORT BY THIS HOUSE AND THE SENATE TO ALLOCATE ADDITIONAL DOLLARS TO

DEAL WITH DOT'S CORE CAPITAL PLAN. AND I THINK IT'S JUST OUTRAGEOUS,

SIMPLY OUTRAGEOUS THAT GOVERNOR HOCHUL HAS UNILATERALLY WASHED THAT

MONEY AWAY. THIS IS A QUALITY OF LIFE ISSUE. OUR TAXPAYERS ARE

BREAKING THEIR BACKS TO SURVIVE HERE AND THEY DESERVE SAFE,

HIGH-QUALITY ROADS IN ORDER TO GET FROM PLACE TO PLACE. AS FOR CHIPS,

GREAT. WE STOPPED THE GOVERNOR AGAIN ON MORE CUTS TO THESE VITAL

SERVICES THAT PEOPLE FRANKLY DESERVE, BUT WE'RE NOT KEEPING PACE WITH

THE COST OF CONSTRUCTION AND SO WE CONTINUE TO ASK OUR HIGHWAY

SUPERINTENDENTS TO DO MORE WITH LESS AND THEN WE KICK IT AROUND LIKE A

POLITICAL FOOTBALL, IT'S WRONG. THE INVESTMENTS IN OUR INFRASTRUCTURE IS

WRONG. THERE WAS ONE TESTIMONY DURING THE BUDGET HEARINGS THIS YEAR

FROM ONE OF THE EXPERTS AND THEY SAID, AND I QUOTE, "THEY HAVE NEVER

SEEN A GREATER DECLINE IN CONDITIONS THAN WE HAVE TODAY." AND WHAT'S

THE GOVERNOR'S ANSWER? THE GOVERNOR'S ANSWER IS TO STOP THE RIGHT

INVESTMENTS IN OUR STATE ROADS, IN OUR STATE TRANSPORTATION SYSTEM. IT'S

WRONG, THE GOVERNOR IS WRONG AND I THINK WE HAVE TO DO MORE AS A

BODY TO PUSH BACK AGAINST HER DIRECTION. I DO WANT TO AGREE WITH MY

COLLEAGUE ASSEMBLYMAN RA, THERE ARE CERTAIN THINGS IN HERE THAT I DO

APPRECIATE. OF COURSE, OUR INVESTMENTS IN OUR LIBRARIES IS VERY

NYS ASSEMBLY APRIL 19, 2024

IMPORTANT, AS WELL AS OUR CLEAN WATER AND ENVIRONMENT PROTECTION FUND

DOLLARS, RESTORING THOSE I THINK IS VERY BENEFICIAL TO THE RESIDENTS OF

NEW YORK, BUT IF WE CAN'T DRIVE ON OUR ROADS, WHERE ARE WE AND HOW

ARE WE GOING TO BENEFIT FROM THEM. AND ON THE LAST POINT I WANT TO

MAKE, MR. SPEAKER, REGARDING THE RESILIENT AND READY PROGRAM, YOU

KNOW, DETAILS MATTER. WE'RE BEING ASKED TO ALLOCATE $40 MILLION TO A

PROGRAM WHICH WE DON'T HAVE ANY PARAMETERS ON. WE JUST KNOW IT'S

SUPPOSED TO HELP PEOPLE. YEAH, GREAT, BUT WHO, HOW? FORTY MILLION

DOLLARS IS A LOT OF MONEY, $40 MILLION TO OUR ROADS IN THE HUDSON

VALLEY IS A LOT OF MONEY. AND SO I THINK WE HAVE TO GET OUR PRIORITIES

IN ORDER, I THINK WE HAVE TO BE MORE REALISTIC IN THE STATE OF THE

INFRASTRUCTURE HERE IN NEW YORK STATE, AND I THINK THAT THE GOVERNOR,

ONCE AGAIN, IS COMPLETELY WRONG FOR ELIMINATING THE $400 MILLION

INVESTMENT THAT THIS HOUSE AND THE SENATE TRIED TO MAKE. THANK YOU

VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BRAUNSTEIN.

MR. BRAUNSTEIN: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BRAUNSTEIN: SO MR. SPEAKER, I REPRESENT THE

CREEDMOOR PSYCHIATRIC CENTER WHICH IS A STATE PROPERTY IN EASTERN

QUEENS. MANY OF YOU MIGHT BE FAMILIAR WITH THE SITE GIVEN THAT

RECENTLY THE CITY OF NEW YORK JOINTLY WITH THE STATE OF NEW YORK

HAVE BEEN USING THE PROPERTY TO HOUSE ABOUT 1,200 MIGRANTS IN A TENT

NYS ASSEMBLY APRIL 19, 2024

IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD IN EASTERN QUEENS. LAST

JANUARY, AROUND LAST JANUARY, NEW YORK STATE EMPIRE STATE

DEVELOPMENT CORPORATION EXPRESSED AN INTEREST IN REDEVELOPING THE

CREEDMOOR CAMPUS FOR HOUSING. THEY WENT FORWARD WITH WHAT THEY

CALLED COMMUNITY VISIONING SESSIONS AND SOUGHT INPUT FROM CIVIC

GROUPS AND COMMUNITY LEADERS ABOUT WHAT TYPE OF HOUSING THEY WOULD

LIKE TO SEE ON THIS PROPERTY. THE COMMUNITY RESPONDED, THEY HAD

DIFFERENT IDEAS, DIFFERENT TYPES OF HOUSING. THE ONE REQUEST THE

COMMUNITY DID HAVE WAS THAT EMPIRE STATE DEVELOPMENT ATTEMPT TO

KEEP THE DENSITY OF THE PROJECT SOMEWHAT CONTEXTUAL TO THE

SURROUNDING COMMUNITY. SO WE HAD THOSE VISIONING SESSIONS, THE

COMMUNITY EXPRESSED THEIR THOUGHTS, AND THEN IN DECEMBER OF 2023,

WITHOUT ANY NOTICE, I FOUND OUT FROM TWITTER, THAT EMPIRE STATE

DEVELOPMENT WAS PUTTING OUT A PROPOSAL FOR 2,800 UNITS OF HOUSING.

TO GIVE YOU AN EXAMPLE: THE SURROUNDING COMMUNITY IS SINGLE-FAMILY

HOMES, TWO-STORY GARDEN APARTMENTS, THE COMMUNITY LEADERS

RECOGNIZED THAT PERHAPS THEY WOULD PROBABLY GO A LITTLE BIT MORE THAN

THAT, THEY SUGGESTED FOUR-STORY BUILDINGS. ESDC WENT WITH EIGHT-STORY

BUILDINGS. GLEN OAKS VILLAGE, WHAT I BELIEVE IS THE LARGEST GARDEN

COOPERATIVE IN THE CITY OF NEW YORK IS ADJACENT TO THE CREEDMOOR

CAMPUS. THAT DEVELOPMENT IS 2,900 UNITS ON 110 ACRES, SO THAT'S THE

SURROUNDING COMMUNITY, 2,900 UNITS ON 110 ACRES. THE PROPOSAL FROM

ESDC WAS 2,800 UNITS ON 55 ACRES, DOUBLE THE DENSITY OF THE

SURROUNDING COMMUNITY. I FOUND THIS OUT ON TWITTER. UNDERSTANDABLY

THERE WAS OVERWHELMING COMMUNITY OPPOSITION TO THIS PROPOSAL. SO

NYS ASSEMBLY APRIL 19, 2024

THAT WAS DECEMBER.

IN JANUARY, THE GOVERNOR'S EXECUTIVE PROPOSAL

INCLUDES THE RUSH PROGRAM, WHICH IS IN THIS BILL BEFORE US, THAT

ALLOCATES $250 MILLION FOR INFRASTRUCTURE TO ENCOURAGE DEVELOPMENT ON

UNDERUTILIZED STATE PROPERTY. IN JANUARY, WHEN I HEARD THE GOVERNOR

HAD THIS PROPOSAL, I REACHED OUT TO THE GOVERNOR'S OFFICE AND I ASKED,

DO YOU INTEND TO USE THIS MONEY FOR THIS CREEDMOOR PROJECT? AND

THEY TOLD ME THAT THEY DID. SO THEN NATURALLY LIKE -- LIKE ANY LEGISLATOR

WOULD IN THAT SITUATION, I -- I REQUESTED THAT THE -- THE GOVERNOR'S OFFICE

DO SOMETHING TO LESSEN THE DENSITY OF THIS PROJECT, MEET WITH THE

COMMUNITY, TRY TO MEET US SOMEWHERE. THE COMMUNITY

OVERWHELMING OPPOSES THIS PROJECT. YOU'RE PUTTING THE FUNDING FOR IT

IN THE STATE BUDGET, ASKING THE LEGISLATURE TO VOTE FOR IT, WE'RE

REQUESTING -- WE'RE NOT SAYING YOU HAVE TO COMPLY WITH LOCALS ONLY,

BUT WORK WITH THE COMMUNITY TO FIND SOMETHING THAT EVERYBODY'S

COMFORTABLE WITH. THE GOVERNOR'S OFFICE REFUSED TO NEGOTIATE ON THAT.

THROUGHOUT THE BUDGET PROCESS, I'M TOLD THAT OUR SPEAKER ATTEMPTED TO

GET THE GOVERNOR'S OFFICE TO WORK WITH US TO FIND SOMETHING THAT'S MORE

AMENABLE TO THE SURROUNDING COMMUNITY AND WE GOT NOWHERE. THE

GOVERNOR'S OFFICE WAS UNWILLING TO CHANGE THE PROPOSED PROJECT.

SO HERE WE ARE WITH THE RUSH PROGRAM, INTACT IN THE

BUDGET. THE GOVERNOR'S OFFICE HAS REFUSED TO NEGOTIATE WITH THE

COMMUNITY. I WILL TELL YOU; IT'S NOT JUST MYSELF. I HAVE COLLEAGUES IN

THE SURROUNDING COMMUNITY WHOSE -- WHOSE DISTRICTS AREN'T FAR AWAY

WHO OPPOSE THIS PROJECT, THE STATE SENATOR OPPOSES THIS PROJECT, THE

NYS ASSEMBLY APRIL 19, 2024

LOCAL COUNCILWOMAN OPPOSES THIS PROJECT, THE LOCAL COMMUNITY BOARD

OPPOSES THIS PROJECT. SO -- AND -- SO I -- I CANNOT IN GOOD CONSCIENCE

VOTE TO FUND THIS PROJECT. AND I WILL JUST SAY, THIS -- THIS COMMUNITY

DESERVES BETTER. THEY'RE ALREADY DEALING WITH THE QUALITY OF LIFE

CONCERNS OF A 1,200 PERSON, SINGLE MEN MIGRANT TENT SHELTER IN THE

MIDDLE OF THIS RESIDENTIAL COMMUNITY, AND THEY'RE SIMPLY REQUESTING

THAT THE ESDC COME BACK TO THE TABLE AND WORK ON A PROPOSED

DEVELOPMENT THAT IS SOMETHING THAT THE REST OF THE COMMUNITY WILL

AGREE WITH. AND GIVEN THE FACT THAT THIS FUNDING IS IN THE BUDGET FOR

THAT PROJECT, I WILL BE VOTING IN THE NEGATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. PALMESANO: THANK YOU, MADAM CHAIR.

ULTIMATELY I'M GOING TO GET TO THE CHIPS PROGRAM, BUT I WANT TO ASK

YOU A FEW QUESTIONS ABOUT THE DISCRETIONARY FUNDING PROGRAMS THAT ARE

IN THE BUDGET.

MS. WEINSTEIN: SURE.

MR. PALMESANO: IT'S MY UNDERSTANDING THAT THE

CREST PROGRAM IN THIS BUDGET INCREASED FUNDING FOR THE CREST

NYS ASSEMBLY APRIL 19, 2024

PROGRAM BY $385 MILLION; IS THAT CORRECT?

MS. WEINSTEIN: IT'S MAINTAINING FUNDING AT THAT

LEVEL, YES.

MR. PALMESANO: IT'S NOT AN INCREASE OF $385

MILLION ABOVE WHAT THE GOVERNOR PROPOSED?

MS. WEINSTEIN: IT'S ABOVE THE GOVERNOR. IT'S WHAT

-- IT MIRRORS WHAT WE DID LAST YEAR, YES.

MR. PALMESANO: SO IT'S AN ADDITIONAL $385

MILLION.

MS. WEINSTEIN: YES.

MR. PALMESANO: OKAY. AND THEN ON THE -- AND

FOR THAT PROGRAM, IS THAT -- IT'S MY UNDERSTANDING THERE'S ABOUT $768

MILLION LEFT IN THAT PROGRAM, AND WE HAVE APPROPRIATED $1.16 BILLION

FOR THAT DISCRETIONARY PROGRAM OVER THE PAST THREE YEARS,

APPROXIMATELY?

MS. WEINSTEIN: YES, AND IT GOES FOR, YOU KNOW,

VERY IMPORTANT PROJECTS IN -- IN MEMBERS' DISTRICTS --

MR. PALMESANO: SURE.

MS. WEINSTEIN: -- SUCH AS, YOU KNOW, IN YOUR OWN

SENECA COUNTY, THE HISTORIC COUNTY COURTHOUSE RENOVATIONS WERE MADE

AVAILABLE BECAUSE OF THIS FUNDING.

MR. PALMESANO: I'M -- I'M NOT DISPUTING -- ALL

THIS FUNDING GOES FOR IMPORTANT PROJECTS, I JUST WANTED TO GET TO PUT IT

IN PERSPECTIVE WHEN WE GET TO SOME OF THESE OTHER VOTES. AND THE

LOCAL COMMUNITY ACCESS PROGRAM, ANOTHER DISCRETIONARY FUNDING

NYS ASSEMBLY APRIL 19, 2024

PROGRAM, ANOTHER $100 MILLION INCREASE, CORRECT, FOR THIS YEAR?

MS. WEINSTEIN: YES.

MR. PALMESANO: AND IN THE SAM PROGRAM

CURRENTLY THERE'S $1.9 BILLION LEFT IN THAT DISCRETIONARY PROGRAM,

CORRECT?

MS. WEINSTEIN: THAT -- THAT DOES SEEM A BIT HIGH.

IT MAY BE REFLECTING PROJECTS THAT JUST HAVEN'T --

MR. PALMESANO: I UNDERSTAND.

MS. WEINSTEIN: -- THAT -- THAT ARE APPROPRIATE THAT

HAVE BEEN SUBMITTED, HAVE BEEN APPROVED BUT JUST HAVEN'T MOVED

FORWARD TO A POINT OF BEING ABLE TO COLLECT --

MR. PALMESANO: I UNDERSTAND.

MS. WEINSTEIN: -- THEIR DOLLARS OF REIMBURSEMENT.

MR. PALMESANO: OKAY. AND WE TALKED ABOUT THE

-- MY COLLEAGUE TALKED ABOUT THE -- THE VOLUNTEER FIRE INFRASTRUCTURE

AND RESPONSE EQUIPMENT GRANT PROGRAM.

MS. WEINSTEIN: YES.

MR. PALMESANO: THAT WAS STARTED LAST YEAR AS

PART OF THE BUDGET, RIGHT?

MS. WEINSTEIN: YES.

MR. PALMESANO: AND THEN THIS YEAR WE'RE

ELIMINATING THAT PROGRAM?

MS. WEINSTEIN: WE'RE NOT ELIMINATING, BUT THE

FUNDING HASN'T GONE OUT. SO THAT FUNDING IS BEING REAPPROPRIATED TO BE

HOPEFULLY SPENT THIS YEAR.

NYS ASSEMBLY APRIL 19, 2024

MR. PALMESANO: OKAY. SO LET'S TALK ABOUT THE

CHIPS PROGRAM A LITTLE BIT IF WE COULD.

MS. WEINSTEIN: SURE.

MR. PALMESANO: FIRST BEFORE WE GET TO THAT, THE

DOT FIVE-YEAR CAPITAL PLAN, THAT'S $32 BILLION, CORRECT?

MS. WEINSTEIN: YES.

MR. PALMESANO: AND THE MTA FIVE-YEAR --

FIVE-YEAR CAPITAL PLAN IS 55 BILLION, CORRECT?

MS. WEINSTEIN: YES.

MR. PALMESANO: AND THEN --

MS. WEINSTEIN: YOU KNOW, I MEAN I KNOW YOU'RE

AWARE, MR. PALMESANO, THEY'RE FINANCED VERY DIFFERENTLY.

MR. PALMESANO: YES, ABSOLUTELY. SO CHIPS,

THE GOVERNOR PROPOSED A $6 MILLION CUT. THE LEGISLATURE NOW WE'RE

INCREASING OR RESTORING THAT $6 MILLION CUT.

MS. WEINSTEIN: CORRECT.

MR. PALMESANO: RIGHT? IS THERE ANY REASON WHY

WE DIDN'T JUST RESTORE IT? AND THE REASON WHY I WANT TO PUT THAT INTO

PERSPECTIVE, WE JUST TALKED ABOUT HOW - I'M NOT SAYING THEY'RE NOT

IMPORTANT - FUNDING PROGRAMS THROUGH CREST THAT'S AT THE MEMBER

DISCRETION, A $385 MILLION INCREASE FOR CREST, $100 MILLION INCREASE

FOR THE HEALTH CAP [SIC] PROGRAM BUT WE'RE LEAVING CHIPS FLAT.

MS. WEINSTEIN: WELL, YOU KNOW, AS I SAID, THE --

THE CREST PROGRAM IS REFLECTING THE SAME DOLLAR AMOUNT AS LAST YEAR

AND THE CHIPS PROGRAM IS REFLECTING THE SAME DOLLAR AMOUNT WE HAD

NYS ASSEMBLY APRIL 19, 2024

LAST YEAR. SO, YOU KNOW, IN THAT REGARD IT'S SIMILAR. I MEAN OBVIOUSLY

THE AMOUNTS ARE DIFFERENT BUT IT'S A SIMILAR CONCEPT GOING IN THIS BILL.

MR. PALMESANO: OKAY. AND -- AND ALSO IN THIS

BUDGET YOU RESTORED THE $40 MILLION TO THE TOURING ROADS; IS THAT

CORRECT?

MS. WEINSTEIN: CORRECT. MATCHING LAST YEAR'S

FUNDING.

MR. PALMESANO: NOW THE CHIPS PROGRAM

IMPACTS EVERY SINGLE MUNICIPALITY IN THE STATE OF NEW YORK, EVERY

MUNICIPALITY IN NEW YORK CITY, LONG ISLAND, UPSTATE NEW YORK

BENEFITS FROM THAT, CORRECT?

MS. WEINSTEIN: YES.

MR. PALMESANO: AND THE STATE TOURING ROADS

THERE'S I BELIEVE 88 OR 89 MUNICIPALITIES THAT HAVE BENEFITTED FROM THAT

PROGRAM; IS THAT CORRECT? I KNOW IT'S TO FIX STATE ROADS --

MS. WEINSTEIN: I -- I DON'T HAVE THE EXACT NUMBER

MR. PALMESANO: OKAY.

MS. WEINSTEIN: -- BUT I'LL --

MR. PALMESANO: THAT'S FAIR.

MS. WEINSTEIN: -- YOU KNOW, I ASSUME IT'S PRETTY

CLOSE TO WHAT YOU SAID.

MR. PALMESANO: I GUESS I WANT -- I GUESS I WANT

TO GET -- THE QUESTION I WAS TRYING TO GET AT TO YOU WAS, HOW COME, YOU

KNOW, YOU'RE WELL AWARE THAT THE FEDERAL HIGHWAY ADMINISTRATION

NYS ASSEMBLY APRIL 19, 2024

CAME OUT WITH A REPORT SAYING THAT THE HIGHWAY CONSTRUCTION COST INDEX

HAS INCREASED 58-AND-A-HALF PERCENT OVER THE PAST TWO-AND-A-HALF YEARS

SO ANY MONEY THAT WE'RE PROVIDING IS BEING EATEN UP BY INFLATION. WHY

ARE WE NOT INCREASING FUNDING FOR THE CHIPS PROGRAM OR OUR LOCAL

HIGHWAY CONSTRUCTION PROGRAMS TO PAVE OUR POTHOLES EVEN AND LEAVING

IT FLAT WHEN WE KNOW THIS IS A CHALLENGE TO OUR LOCAL MUNICIPALITIES?

AND I'M SURE THE MTA IS NOT BEING HELD FLAT. THEIR FUNDING IS GOING

UP.

MS. WEINSTEIN: WELL, AS -- AS YOU KNOW FROM THE

CONVERSATION I HAD WITH ASSEMBLYMAN SLATER IN -- IN THE ASSEMBLY'S

ONE-HOUSE, WE DID PROPOSE A -- A LARGE INCREASE, BUT THROUGH THE FINAL

NEGOTIATIONS, WE WERE ONLY ABLE TO GET TO THE POINT OF THE EXTRA -- GOING

BACK TO LAST YEAR'S LEVEL AND ALSO LOCALITIES, MUNICIPALITIES THAT HAVE

CHIPS FUNDING CAN ALSO APPLY FOR THE STATE ROADS FUNDING.

MR. PALMESANO: SO BASED ON THE AMOUNT OF

MONEY THAT WE'RE SPENDING, OBVIOUSLY WE TALKED ABOUT THE, YOU KNOW,

WE'RE GOING TO SEE $2.4 BILLION FOR THE MIGRANT CRISIS, $700 MILLION FOR

THE HOLLYWOOD FILM TAX CREDIT, YOU KNOW THE FUNDING FOR THE

DISCRETIONARY FUNDING. IN ALL OF THAT, WE COULDN'T HAVE DONE AN

INCREASE, FOUND A WAY TO GET AN INCREASE TO OUR LOCAL INFRASTRUCTURE

BECAUSE WE KNOW THAT IMPACTS THE LOCAL PROPERTY TAXPAYER AND THE

DEFICIENCY IN THE ROADS AND BRIDGES AS WELL AND NOW ESPECIALLY ON OUR

LOCAL INFRASTRUCTURE, WOULDN'T THAT HAVE BEEN A GOOD PRIORITY AND A

GOOD MESSAGE TO SEND?

MS. WEINSTEIN: AS -- AS YOU KNOW, THE BUDGET IS

NYS ASSEMBLY APRIL 19, 2024

MR. PALMESANO: IT'S A NEGOTIATION.

MS. WEINSTEIN: -- A NEGOTIATION BETWEEN, RIGHT.

MR. PALMESANO: I UNDERSTAND.

MS. WEINSTEIN: -- BETWEEN --

MR. PALMESANO: BUT WOULDN'T THIS HAVE BEEN A

GOOD ONE TO DRAW A LINE IN THE SAND? WE TALKED ABOUT DRAWING A LINE

IN THE SAND YESTERDAY ON THE PRISON CLOSURES THAT YOU HAD IN YOUR

BUDGET, NOT TO ACCEPT THE 90 DAY BUT THE GOVERNOR WON OUT ON THIS. IT

LOOKS LIKE THE GOVERNOR'S WINNING OUT ON THIS ONE. SHE WANTED TO CUT

IT WHICH IS RIDICULOUS, I DON'T KNOW WHO'S ADVISING HER ON THAT JUST LIKE

I DON'T KNOW WHO ADVISES HER ON HER EDUCATION POLICY, BUT IT JUST SEEMS

LIKE THIS WOULD'VE BEEN A GOOD PROGRAM GIVEN THE IMPACT IT HAS AND THE

IMPACT -- JUST LIKE THE MTA, WE KNOW THAT'S THE LIFEBLOOD OF THE

DOWNSTATE TRANSPORTATION NETWORK, THE CHIPS IS THE LIFEBLOOD OF OUR

UPSTATE TRANSPORTATION. I DON'T THINK IT'S BEING TREATED FAIRLY AND ON

PARITY, ESPECIALLY WHEN YOU LOOK AT THE DOT FIVE-YEAR CAPITAL PLAN

AND THE MTA CAP. SO, THAT WASN'T -- THAT WASN'T REALLY A QUESTION.

THAT WAS MORE OF A STATEMENT, I'M SORRY.

MS. WEINSTEIN: I APPRECIATE YOUR FEELINGS ON THE

ISSUE.

MR. PALMESANO: I'M SORRY. I THANK YOU FOR YOUR

TIME.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

NYS ASSEMBLY APRIL 19, 2024

MR. PALMESANO: YES, MR. SPEAKER. I AM GOING

TO BE VOTING NO ON THIS BILL. I KNOW THERE'S SOME GOOD THINGS IN HERE. I

AM CONCERNED ABOUT THE -- WHAT I -- I PERCEIVE TO BE A CUT TO THE

VOLUNTEER EMERGENCY -- FOR OUR VOLUNTEER FIRE DEPARTMENTS, THIS $25

MILLION TO THE PROGRAM THAT STARTED LAST YEAR. WE SHOULD STILL KEEP THE

MONEY AND PUT THE MONEY IN THERE BECAUSE THERE'S SUCH DEMAND MORE

THAN JUST $25 MILLION. WE SHOULD HELP THEM WITH THE PROGRAM AND

HELP THEM DO THAT. THIS IS SOMETHING THEY'RE HOPEFUL ABOUT. I THINK

THIS JUST SENDS THE WRONG MESSAGE. IT SEEMS LIKE WE'RE PULLING THE RUG

OUT FROM UNDERNEATH THEM AND COULD REALLY HURT OUR RURAL

COMMUNITIES, ESPECIALLY WHAT OUR VOLUNTEER FIREFIGHTERS DO FOR US EACH

AND EVERY DAY. IF THE SERVICES THEY PROVIDE TO OUR COMMUNITIES HAD TO

BE PAID SERVICES, IT WOULD COST PROPERTY TAXPAYERS MORE THAN $4 BILLION

ANNUALLY. SO I WOULD JUST WISH WE WOULD BE MORE CLEAR AND KEEP THE

FUNDING IN THERE AND ADD FUNDING TO IT, JUST LIKE WE'RE ADDING FUNDING,

AS MY COLLEAGUE SAID, TO THE DISCRETIONARY FUNDING PROGRAMS. WE

SHOULD BE DOING THAT TO LET THEM KNOW THAT THIS PROGRAM EXISTS AND IS

THERE TO HELP THEM.

I DO WANT TO TALK ABOUT THE CHIPS PROGRAM. EVERY

MUNICIPALITY IN THE STATE BENEFITS FROM THE CHIPS PROGRAM; LONG

ISLAND, NEW YORK CITY, UPSTATE. WE WANT TO HAVE -- IN MY OPINION --

IN OUR OPINION, RESTORATION OF THE CHIPS CUT IS NOT ENOUGH. THAT'S NOT

A WIN. WE NEED PARITY BETWEEN THE MTA AND OUR DOT CAPITAL

FUNDING. THE MTA FIVE-YEAR CAPITAL BUDGET PLAN WAS $55 BILLION.

THE DOT FIVE-YEAR CAPITAL PLAN IS $32 BILLION, THAT'S NOT PARITY. NOW

NYS ASSEMBLY APRIL 19, 2024

I UNDERSTAND THAT MY COLLEAGUES, ESPECIALLY FROM DOWNSTATE, THE MTA

IS THE LIFEBLOOD OF THE DOWNSTATE TRANSPORTATION NETWORK, I -- I RESPECT

THAT, I APPRECIATE IT. I SUPPORT THE MTA, I WANT FUNDING FOR THE MTA, I

HAVE MORE COMPANIES IN MY DISTRICT - ALSTOM AND HORNELL, (INAUDIBLE).

WE HAVE COMPANIES THAT WORK ON THE MTA PROJECTS THAT BENEFIT FROM

THAT SO WE WANT TO SUPPORT THE MTA. BUT MY COLLEAGUES, ESPECIALLY

FROM DOWNSTATE AND ACROSS THE STATE, CHIPS IS THE LIFEBLOOD OF OUR

UPSTATE TRANSPORTATION NETWORK. SOMETIMES THAT'S THE ONLY FUNDING

SOME OF THESE LOCAL MUNICIPALITIES RECEIVE IS THAT FUNDING THROUGH THE

CHIPS PROGRAM, AND WE KNOW SOME OF OUR MUNICIPALITIES ARE FACING

FISCAL CHALLENGES WITH THE TAX CAP. YOU KNOW, HEALTH INSURANCE COSTS

ARE ARISING FOR THEM, THE HIGHWAY CONSTRUCTION COSTS. I ALREADY SAID

THAT A 58-AND-A-HALF PERCENT INCREASE OVER THE PAST 30 MONTHS, SO JUST

GOING FLAT IS NOT ENOUGH TO MAINTAIN. IT'S EATING AWAY AT THAT BECAUSE

WE NEED TO DO BETTER ON THIS. I JUST WISH MORE PEOPLE WOULD

UNDERSTOOD THIS. I MEAN -- AN INCREASE IS -- IS JUSTIFIED. LISTEN, JUST

SOME STATISTICS YOU SHOULD KNOW ABOUT, MAYBE YOU'LL THINK A LITTLE

DIFFERENTLY IN THE FUTURE. EIGHTY-SEVEN PERCENT OF THE ROADS IN NEW

YORK STATE ARE OWNED AND MAINTAINED BY OUR LOCAL MUNICIPALITIES, 52

PERCENT OF THE 18,000 BRIDGES IN NEW YORK STATE ARE OWNED AND

MAINTAINED BY OUR LOCAL MUNICIPALITIES, 48 PERCENT, NEARLY 50 PERCENT

OF THE MILES DRIVEN ARE DRIVEN ON OUR LOCAL ROADS, AND NEARLY 50

PERCENT OF THE SALES TAX AT THE GAS COMES ON OUR LOCAL ROADS. EVERY

DOLLAR THAT WE INVEST IN THE CHIPS PROGRAM SAVES LOCAL PROPERTY

TAXPAYERS A DOLLAR. EVERY DOLLAR WE INVEST IN THE CHIPS PROGRAM

NYS ASSEMBLY APRIL 19, 2024

SAVES 6- TO $14 IN LONG-TERM REHABILITATION COST. STUDIES HAVE SHOWN

THAT OUR LOCAL ROADS ARE DETERIORATING AND OUR BRIDGES ARE BECOMING

STRUCTURALLY DEFICIENT. REASON JUST DID A HIGHWAY REPORT AND RANKED

NEW YORK NUMBER 49TH IN THE NATION. TRIP, A TRANSPORTATION

ADVOCACY GROUPS SAID THAT IT'S COSTING NEW YORK MOTORISTS $36 BILLION

ANNUALLY, MORE THAN $3,600 PER DRIVER FOR HIGHER VEHICLE OPERATING

COSTS, ACCIDENTS AND CONGESTION DELAYS. THE COMPTROLLER IN HIS REPORT

SAID TO ME THE LOCAL INFRASTRUCTURE SYSTEM HAS $89 BILLION IN UNMET

NEEDS, INCLUDING $27 BILLION FOR OUR LOCAL BRIDGES. OUR LOCAL TOWN

HIGHWAY SUPERINTENDENTS THAT WE ALL REPRESENT UPDATED THEIR ANALYSIS

AND SAID THAT OUTSIDE OF NEW YORK CITY THERE'S A $2 BILLION FUNDING

GAP ON OUR LOCAL HIGHWAY SYSTEM. THAT'S UNACCEPTABLE. THAT'S NOT

PARITY, WE NEED BALANCE. AND AGAIN, I WILL STRESS THIS, THE FEDERAL

HIGHWAY ADMINISTRATION CONSTRUCTION COST INDEX FOR HIGHWAY

CONSUMPTION COST, THE INFLATIONARY INCREASE, 58-AND-A-HALF PERCENT

OVER THE PAST TWO-AND-A-HALF YEARS. WE CAN DO BETTER THAN THIS. WE

SHOULD BE DOING BETTER THAN THIS. THE ECONOMIC IMPACT HAS PROVEN,

ALREADY $150 MILLION INVESTED IN LOCAL ROADS CREATES 4,200

CONSTRUCTION-RELATED JOBS, AND WHAT ARE WE DOING WITH THIS BUDGET?

WE'RE KEEPING CHIPS FLAT. THAT'S NOT A WIN. THAT'S WRONG. WE HAVE

TO DO BETTER. THIS IS UNACCEPTABLE, WE SHOULD BE DOING BETTER. IT'S JUST

MORE MISPLACED PRIORITIES FROM THE GOVERNOR AND THIS -- THE

MAJORITIES. WE TALKED ABOUT THE DISCRETIONARY FUNDS, A $385 MILLION

INCREASE IN DISCRETIONARY FUNDS IN ONE PROGRAM, 100 MILLION IN ANOTHER

PROGRAM, BUT ZERO FOR CHIPS. AND AT THE SAME TIME PUTTING -- NOT

NYS ASSEMBLY APRIL 19, 2024

PUTTING THE MONEY IN FOR THE VOLUNTEER FIRE DEPARTMENTS. WE'RE

SENDING $2.4 BILLION FOR THE MIGRANT CRISIS, BUT ZERO FOR CHIPS AS FAR AS

AN INCREASE. THAT 2.4 BILLION IS AN INCREASE ABOVE LAST YEAR FOR THE

MIGRANT. WE'RE SPENDING $700 MILLION ON A HOLLYWOOD FILM TAX CREDIT

TO BENEFIT THE HOLLYWOOD ELITES, BUT A ZERO PERCENT INCREASE FOR CHIPS.

WE'RE SPENDING MONEY TO PLANT TREES AND BUILD SWIMMING POOLS, BUT A

ZERO PERCENT INCREASE FOR CHIPS. IT MAKES NO SENSE TO KEEP CHIPS

AND LOCAL INFRASTRUCTURE FUNDING FOR OUR LOCAL MUNICIPALITIES FLAT NOT

WHATSOEVER. AGAIN, ESPECIALLY WITH THAT INFLATIONARY INCREASE OF

58-AND-A-HALF PERCENT OVER THE PAST TWO-AND-A-HALF YEARS WHICH IS JUST

GOING TO EAT THAT UP. THEY'RE GOING TO BE BEHIND THE EIGHT BALL AND THAT

FUNDING GAP THAT I CITED FROM THE TOWN HIGHWAY SUPERINTENDENTS OF $2

BILLION IS GOING TO CONTINUE TO GROW FURTHER IN THE WRONG WAY. WE

NEED TO BE PROACTIVE ON THIS, MY COLLEAGUES. WE SEE BRIDGE COLLAPSES

HAPPENING ALL THE TIME AT DIFFERENT PLACES. HOW MANY OF US PUT OUR

KIDS ON A SCHOOL BUS EVERY MORNING AND IT ROLLS OVER A LOCAL BRIDGE OR A

CULVERT. WHAT HAPPENS IF THERE'S A COLLAPSE, WE DON'T WANT TO BE

REACTING TO A TRAGEDY, WE NEED TO BE PROACTIVE. OUR FIRST RESPONDERS,

THEY GO OVER LOCAL ROADS, BRIDGES AND CULVERTS TO GET TO EMERGENCY.

THAT CAN AFFECT THE TIMING OF INCIDENTS OR AN ACCIDENT, THAT'S ABOUT

SAVING LIVES. FLAT IS NOT HELPFUL. IT'S NOT ACCEPTABLE. WE CAN DO BETTER,

WE SHOULD'VE DONE BETTER IF WE DREW THE LINE IN THE SAND WITH THIS

GOVERNOR. UNFORTUNATELY, WE ONLY DRAW A LINE IN THE SAND WITH THE

GOVERNOR IF IT'S A PROGRAM THAT IS IMPORTANT TO THOSE WHO ARE DOING THE

NEGOTIATION.

NYS ASSEMBLY APRIL 19, 2024

AND ECONOMIC DEVELOPMENT PERSPECTIVE. LISTEN, IT'S

GREAT TO HAVE A GREAT INTERSTATE SYSTEM, BUT BUSINESSES LOCATED IN

TOWNS, VILLAGES AND CITIES. SO IF THE INTERSTATE IS GREAT BUT IF THEY GET

OFF THAT INTERSTATE AT THE TOWNS, IF THE LOCAL INFRASTRUCTURE IS NOT GOOD,

THAT'S NOT GOING TO HELP DRAW BUSINESS TO THAT LOCAL COMMUNITY. WE

TALKED ABOUT TOURISM. I REPRESENT THE WINE COUNTRY. IT'S GREAT TO HAVE

THE INTERSTATE TO GET THERE BUT IF THOSE LOCAL ROADS GETTING THERE -- AND

THERE'S PROBLEMS AND IT CAUSES DAMAGE, PEOPLE AREN'T GOING TO COME

THERE. WE SHOULD BE INCREASING THE CHIPS PROGRAM, PERIOD.

ESPECIALLY WHEN WE'RE TALKING ABOUT AGAIN, A $385 MILLION INCREASE ON

ONE DISCRETIONARY PROGRAM AND $100 MILLION INCREASE ON THE OTHER,

COULDN'T 100 MILLION OF THAT BEEN ADDED TO THE CHIPS PROGRAM? YES,

IT COULD'VE. YOU JUST CHOSE NOT TO DO THAT. AND THAT'S UNFORTUNATE AND

THAT'S VERY, VERY SAD.

TALKED ABOUT THE ECONOMIC DEVELOPMENT, THE PUBLIC

SAFETY, ABOUT TOURISM, LADIES AND GENTLEMEN, IT'S LONG PAST DUE TO PUT

PARITY IN OUR LOCAL INFRASTRUCTURE FUNDING IN OUR DOT CAPITAL FUNDING

WITH THE MTA. IF WE DO THAT, THEN WE WOULD SHOW THAT LOCAL ROADS

AREN'T JUST ESSENTIAL BUT THEY DO MATTER, BUT UNFORTUNATELY THIS BUDGET

DOES NOT REFLECT THAT SO I'M GOING TO BE VOTING NO.

ACTING SPEAKER AUBRY: THANK YOU.

MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. WILL THE

MADAM CHAIR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. WEINSTEIN WILL

NYS ASSEMBLY APRIL 19, 2024

YIELD?

MS. WEINSTEIN: YES.

MR. NORRIS: I NOTICED IN THE MEMO THAT I RECEIVED

THAT THERE WILL BE $50 MILLION FOR CANAL INFRASTRUCTURE INVESTMENTS.

CAN YOU EXPLAIN WHAT THAT IS FOR?

MS. WEINSTEIN: THAT'S TO MAKE SURE THAT THE ERIE

CANAL CAN CONTINUE TO OPERATE.

MR. NORRIS: IS THAT NEW FUNDING?

MS. WEINSTEIN: YES, YES. THAT IS (INAUDIBLE).

MR. NORRIS: YOU KNOW, OFTENTIMES I'M CRITICAL OF

THE STATE BUDGET AND HOW MUCH MONEY WE SPEND. AND BUT I -- I WILL

COMMEND THE MAJORITY WHEN I FEEL IT'S APPROPRIATE. IN THIS CASE, THIS IS

VERY GOOD. I REPRESENT THE CITY OF LOCKPORT ALONG THE ERIE CANAL AND I

ALSO REPRESENT MANY COMMUNITIES AROUND -- ALONG THE ERIE CANAL AND

THIS IS LONG OVERDUE. WE NEED TO CONTINUE TO MAKE INVESTMENTS INTO

THE ERIE CANAL. AS WE'RE CELEBRATING THE 200TH BIRTHDAY COMING UP OF

THE COMPLETION OF THE ERIE CANAL, THIS IS VERY, VERY IMPORTANT. I WOULD

ENCOURAGE THE MAJORITY TO CONTINUE TO EXAMINE THAT FROM A TOURISM

AND ECONOMIC STANDPOINT AND I COMMEND YOU FOR PUTTING THOSE DOLLARS

INTO THIS BUDGET. IT WILL BE VERY USEFUL AND QUITE FRANKLY IT WILL NEED

MORE. THE OTHER QUESTIONS THAT I HAVE REGARDING THE NY SWIM [SIC]

PROGRAM.

MS. WEINSTEIN: YES.

MR. NORRIS: COULD YOU GIVE ME A BREAKDOWN OF

THE $150 MILLION THAT'S GOING TO BE SPENT ON THIS PROGRAM, WHAT IT'S

NYS ASSEMBLY APRIL 19, 2024

ACTUALLY GOING TO BE USED FOR?

MS. WEINSTEIN: WHAT IT'S GOING TO BE USED FOR?

MR. NORRIS: YES.

MS. WEINSTEIN: BECAUSE THE LOCATIONS ARE NOT YET

DETERMINED, IT'S BY APPLICATION, MUNICIPALITIES WILL APPLY. BUT IT'S TO

HELP TO BUILD SWIM FACILITIES, NOT ONLY FREESTANDING SWIM FACILITIES BUT

ALSO FACILITIES THAT MIGHT BE ADJACENT TO UTILIZING WATER THAT -- OR SOME

OF THE LAKES OF -- OF NEW YORK.

MR. NORRIS: WILL THE WHOLE $150 MILLION BE USED

IN INFRASTRUCTURE FOR SWIMMING POOLS OR THE REHABILITATION FOR THE

CONSTRUCTION OF SWIMMING POOLS?

MS. WEINSTEIN: YES.

MR. NORRIS: WILL ANY OF THOSE DOLLARS BE USED FOR

THE RECRUITMENT AND RETENTION OF LIFEGUARDS?

MS. WEINSTEIN: NO, BECAUSE THIS IS CAPITAL BUT WE

DO HAVE SEPARATE MONEY IN THE BUDGET TO DO THAT THAT WE CAN TALK ABOUT

IN A LATER BILL.

MR. NORRIS: OH, GOOD. I LOOK FORWARD TO SEEING

THAT. IS THERE ANY ADDITIONAL DOLLARS FOR COMMUNITY PARTNERS SUCH AS

THE YMCA AND OTHER ORGANIZATIONS THAT PROVIDE SWIMMING LESSONS FOR

OUR CHILDREN AND PEOPLE OF ALL AGES QUITE FRANKLY.

MS. WEINSTEIN: NOT IN THIS CAPITAL BILL BUT IN THE

AID TO LOCALITY BILL WE'LL BE ABLE TO TALK ABOUT THAT AND THERE WILL BE

SOME ADDITIONAL FUNDING.

MR. NORRIS: GREAT, THANK YOU VERY MUCH. WHEN I

NYS ASSEMBLY APRIL 19, 2024

GO ON THE BILL I'M GOING TO HAVE A COUPLE MORE COMMENTS --

MS. WEINSTEIN: SURE.

MR. NORRIS: -- ABOUT THE IMPORTANCE OF THAT

PROGRAM.

I WANT TO GO BACK TO THAT VOLUNTEER FIRE DEPARTMENT

$25 MILLION, WHICH I CONSIDER A CUT TO OUR VOLUNTEER FIRE SERVICE. WHY

IS THOSE DOLLARS AGAIN NOT BEING PLACED IN THIS YEAR'S BUDGET? THERE IS

A TREMENDOUS NEED FOR OUR VOLUNTEER FIRE DEPARTMENTS.

MS. WEINSTEIN: I THINK THERE JUST WAS A DELAY IN

BOTH GETTING THE INFORMATION FOR -- FOR THESE LOCAL FIRE DEPARTMENTS TO

START TO GO THROUGH THE PROCESS. SO NONE OF THAT MONEY HAS GONE OUT

YET SO THAT'LL BE -- IT WILL FIRST BE STARTING VERY SOON IN THIS YEAR'S BUDGET

GOING OUT TO WHERE WE'VE REAPPROPRIATED ALL OF LAST YEAR'S FUNDING TO

THIS AND THROUGH THIS YEAR'S BUDGET. HOPEFULLY THAT MONEY WILL START TO

FLOW AND IT'S SOMETHING THAT NEXT YEAR AND YEARS GOING FORWARD WILL BE

ABLE TO CONTINUE BASED ON WHAT WE SEE AS A RESULT OF IT GOING OUT THE

DOOR.

MR. NORRIS: SO IN -- IN LAST YEAR'S BUDGET THERE

WAS 25 MILLION.

MS. WEINSTEIN: CORRECT.

MR. NORRIS: AND NOW IT'S BEING REAPPROPRIATED TO

THIS YEAR'S BUDGET FOR --

MS. WEINSTEIN: CORRECT.

MR. NORRIS: -- $25 MILLION?

MS. WEINSTEIN: CORRECT.

NYS ASSEMBLY APRIL 19, 2024

MR. NORRIS: SO WHERE DID THE 25 MILLION GO? I

MEAN I KNOW IT'S BEING REAPPROPRIATED BUT IT MUST BE MOVED AROUND

SOMEWHERE ELSE --

(INAUDIBLE/CROSS-TALK)

MS. WEINSTEIN: IT'S BEING MOVED FROM LAST YEAR'S

BUDGET INTO THIS YEAR'S BUDGET.

MR. NORRIS: OKAY. I'LL GO ON THE BILL ON THAT PART,

TOO. I JUST WANT TO GET TO A COUPLE QUESTIONS ON TRANSPORTATION. AS

YOU KNOW I SERVED AS THE RANKING MEMBER OF THE TRANSPORTATION

COMMITTEE. IN TERMS OF CHIPS FUNDING, JUST SO I'M CLEAR, THAT

REMAINED FLAT, RIGHT? NO ADDITIONAL DOLLAR FOR CHIPS.

MS. WEINSTEIN: IT REFLECTS -- IT'S THE SAME NUMBER

THAT WAS LAST YEAR. AS A RESULT OF NEGOTIATIONS WE RESTORED IT TO LAST

YEAR'S LEVEL.

MR. NORRIS: AND 50 MILLION WAS IN THE ONE-HOUSE

BUDGET; IS THAT CORRECT?

(PAUSE)

MS. WEINSTEIN: RIGHT. THAT -- THAT WAS OUR

ONE-HOUSE PROPOSAL.

MR. NORRIS: BUT NOT HERE?

MS. WEINSTEIN: NOT HERE.

MR. NORRIS: OKAY. PAVE-NY, I SEE THAT REMAINS

FLAT AT $150 MILLION.

MS. WEINSTEIN: YES.

MR. NORRIS: THE ONE-HOUSE $60 MILLION INCREASE

NYS ASSEMBLY APRIL 19, 2024

WAS PROPOSED?

MS. WEINSTEIN: THE -- THE NUMBERS IN THIS BILL

REFLECT THE RESULT OF NEGOTIATION. OBVIOUSLY OUR -- OUR ONE-HOUSE

PROPOSAL IS OUR DESIRES OF -- OF WHERE TO GO WITH SOME OF THESE

PROGRAMS, QUITE FRANKLY, KNOWING THAT WE'RE GOING TO END UP IN A FINAL

BUDGET OF A LOWER NUMBER.

MR. NORRIS: OKAY. PAVE OUR POTHOLES, $100

MILLION. DOES THAT REMAIN FLAT?

MS. WEINSTEIN: YES.

MR. NORRIS: THE BRIDGE NY PROGRAM, $200

MILLION. DOES THAT REMAIN FLAT?

MS. WEINSTEIN: YES.

MR. NORRIS: OKAY. THANK YOU VERY MUCH.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER BURDICK: ON THE BILL.

MR. NORRIS: THANK YOU, MR. SPEAKER. AGAIN, THIS

CAPITAL PROJECTS BILL HAS MANY GOOD THINGS IN IT AND I WANT TO FOCUS ON

THAT IN PARTICULAR WITH THE NY SWIMS PROGRAM. THAT PROGRAM WILL

SAVE LIVES IN THE STATE OF NEW YORK OVER A PERIOD OF TIME. I WILL JUST

MENTION, ASSEMBLYWOMAN STACEY PHEFFER AMATO WHO WORKED WITH

ME TOGETHER IN A BIPARTISAN MANNER ON A COMMISSION BILL TO LOOK AS A

PREVENTION OF CHILDHOOD DROWNING THROUGHOUT THE STATE OF NEW YORK.

WE HAVE -- IN THE LAST FIVE YEARS IN NEW YORK STATE

1,000 INDIVIDUALS HAVE DIED BECAUSE OF THE RESULT OF DROWNING. IN

2021 ALONE, 230 NEW YORKERS DIED BECAUSE OF DROWNING. I REPRESENT

NYS ASSEMBLY APRIL 19, 2024

AN AREA, AS I MENTIONED BEFORE, ALONG THE CANAL -- THE ERIE CANAL, ALSO

ALONG THE SHORE OF LAKE ONTARIO AND BY THE NIAGARA RIVER AND THE

GREAT LAKES. AND YOU ARE ALSO FACED WITH AREAS OF YOUR COMMUNITIES,

THE AD -- THE ADIRON -- IN THE ADIRONDACKS, IN THE FINGER LAKES, IN

ROCKAWAY. THIS IMPACTS EVERY INDIVIDUAL IN THE STATE OF NEW YORK.

AND UNFORTUNATELY, PARTICULARLY CHILDREN, HAVE NOT GOTTEN THE PROPER

INSTRUCTIONS FOR SWIMMING LESSONS, AND I THINK THIS IS A PUBLIC SAFETY

PRIORITY AND A PUBLIC SAFETY CRISIS IN THE STATE OF NEW YORK. AND I

WANT TO JUST SAY THAT I WAS PLEASED THAT THE GOVERNOR PUT THIS

INVESTMENT OF $150 MILLION INTO OUR INFRASTRUCTURE. I ALSO ENCOURAGE

FOR THE FUTURE THAT WE WORK WITH THE PARTNERSHIPS OF OUR YMCAS AND

OUR SCHOOL SYSTEMS AND OTHERS TO MAKE SURE THAT EVERYONE HAS THE

OPPORTUNITY TO BE PROPERLY TRAINED HOW TO SWIM BEGINNING AT AN EARLY

AGE.

I WOULD LIKE TO ALSO JUST MENTION THAT I AM VERY

DISAPPOINTED THAT THE VOLUNTEER FIRE SERVICE HAS BEEN SHORT-CHANGED IN

THIS CAPITAL PROJECTS BUDGET. WE NEED MORE DOLLARS, NOT LESS FOR OUR

VOLUNTEER FIRE SERVICE AND WE SHOULD'VE PUT THAT 25 MILLION IN THIS

YEAR'S BUDGET AND MORE. I REPRESENT AT LEAST 25 VOLUNTEER FIRE

COMPANIES. THEY ARE ALL KNOCKING ON MY DOOR FOR A NEW ROOF, FOR A

NEW FIRE TRUCK, FOR A NEW AMBULANCE, WHATEVER THE CASE MAY BE. THIS

SAVES TAXPAYERS IN NEW YORK $4 BILLION A YEAR, IS A LIFEBLOOD OF OUR

COMMUNITIES PARTICULARLY IN UPSTATE NEW YORK. IT'S THE WAY THAT

INDIVIDUALS RECEIVE THEIR SAFETY PROTECTION IN THAT AREA FROM FIRE,

ACCIDENT SCENES AND SO FORTH. SO THIS IS A CUT OF $25 MILLION. AND IT

NYS ASSEMBLY APRIL 19, 2024

SHOULD BE RESTORED AND I HOPE IT WILL BE IN DUE COURSE. AND FINALLY, ON

THE CHIPS PROGRAM. IN OUR TRANSPORTATION PROGRAMS FOR UPSTATE NEW

YORK. AGAIN, IT REMAINED FLAT. PAVE OUR POTHOLES FLAT. BRIDGE-NY

FLAT. OUR STATE BUDGET, SINCE I HAVE BEEN HERE, HAS GONE UP (INAUDIBLE)

237 BILLION, WHICH IS PROJECTED BY ALL MEDIA REPORTS TO THE TUNE OF $269

BILLION. FOR NINE YEARS OR SO CHIPS REMAINDED [SIC] FLAT. I DON'T

UNDERSTAND WHY WE ARE NOT INVESTING IN OUR ROADS AND OUR BRIDGES AND

OUR CULVERTS PARTIC -- PARTICULARLY IN UPSTATE NEW YORK. THIS SHOULD

BE PARAMOUNT. AND WHEN THE COSTS HAVE GONE UP TO THE TUNE IN THE LAST

30 MONTHS OF 60 PERCENT FOR THE MATERIALS, THIS ALSO IS A CUT TO THE

HARDWORKING PEOPLE, PARTICULARLY IN UPSTATE WHO RELY ON THEIR VEHICLES

TO GET AROUND.

SO AGAIN, I WOULD LIKE TO JUST SAY IN CONCLUSION, I

APPLAUD THE FACT THAT THE SWIM -- NY SWIM [SIC] PROGRAM AND THE

INVESTMENT IS TAKING PLACE. I'M GLAD TO SEE THAT THE LIBRARY CONSTRUCTION

AID OF $10 MILLION IS ALSO -- ADDITIONAL 10 MILLION IS IN THERE, OUR

LIBRARIES NEED IT. I COMMEND BECAUSE OF THE CANAL SYSTEM AND WHERE I

REPRESENT AND THE NEED TO MAKE SURE WE REINVEST FOR ECONOMIC

DEVELOPMENT AND TOURISM, BUT AT THE END OF THE DAY I'M GOING TO HAVE

TO VOTE IN THE NEGATIVE BECAUSE OF THE NEGATIVE IMPACT ON OUR

VOLUNTEER FIRE SERVICE AND ALSO ON OUR UPSTATE TRANSPORTATION SYSTEM.

THANK YOU VERY MUCH, MR. SPEAKER, FOR HAVING THE OPPORTUNITY TO BE

HEARD ON THIS BILL.

ACTING SPEAKER BURDICK: MR. GOODELL.

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

NYS ASSEMBLY APRIL 19, 2024

YIELD?

ACTING SPEAKER BURDICK: WOULD THE SPONSOR

YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER BURDICK: SPONSOR YIELDS.

MR. GOODELL: THANK YOU VERY MUCH. I HAD A FEW

QUESTIONS IF I MAY ON THE LOCAL COMMUNITY ASSISTANCE PROGRAM. I SEE

THAT WE'VE ADDED 100 MILLION, THE PROGRAM NOW TOTALS 285 MILLION OF

WHICH 183 MILLION IS REAPPROPRIATED. WHO DECIDES WHICH

COMMUNITIES GET WHICH GRANTS?

MS. WEINSTEIN: SO THOSE ARE GRANTS THAT ARE -- ARE

MEMBER-DRIVEN GRANTS.

MR. GOODELL: OKAY. AND OF COURSE I WOULD

ASSUME THAT THEY'RE EQUALLY AVAILABLE TO ALL MEMBERS, RIGHT?

MS. WEINSTEIN: THERE ARE -- ALL MEMBERS HAVE

SOME AVAILABILITY. AS FAR AS I'M AWARE, ALL MEMBERS HAVE SOME

AVAILABILITY TO SUBMIT PROPOSALS FOR -- FOR GRANTS.

MR. GOODELL: MOVING IF I MAY ON TO HOUSING.

MS. WEINSTEIN: YES.

MR. GOODELL: WE'VE HEARD A LOT ABOUT THE

HOUSING CRISIS ACROSS THE STATE, BUT I SEE THAT THE RESTORE PROGRAM

WAS CUT BY 7 MILLION AND WE ALSO HAD A $14 MILLION CUT IN THE

AFFORDABLE HOUSING CORPORATION PROGRAM. WHY ARE WE CUTTING THOSE

PROGRAMS IN THIS BUDGET?

MS. WEINSTEIN: THIS, YOU KNOW, AS YOU'RE AWARE

NYS ASSEMBLY APRIL 19, 2024

THERE ARE LOTS OF INVESTMENTS FOR HOUSING CAPITAL IN -- IN THIS BUDGET SO

I THINK IT BASICALLY WAS -- THERE'S BEEN A DECISION THAT WE SHOULD FOCUS

IN OTHER AREAS OF HOUSING DEVELOPMENT.

MR. GOODELL: AND INDEED AS YOU CORRECTLY NOTE,

THERE'S FUNDING ELSEWHERE. I SAW THERE'S A NEW PROGRAM WITH 75

MILLION CALLED THE HOUSING FOR THE FUTURE RENTAL PROGRAM?

MS. WEINSTEIN: CORRECT.

MR. GOODELL: AND ANOTHER 75 MILLION FOR THE

HOUSING FOR THE FUTURE CO-OP PROGRAM.

MS. WEINSTEIN: YES.

MR. GOODELL: BOTH OF THOSE PROGRAMS ARE

DESCRIBED AS PROVIDING QUOTE, "PERMANENTLY AFFORDABLE RENTAL UNITS FOR

HOUSEHOLDS AT OR UNDER 130 PERCENT OF AREA MEETING -- MEDIAN INCOME,

AND I'M LOOKING AT PAGE 453 OF THIS BUDGET BILL. WHAT HAPPENS IF YOUR

INCOME GOES OVER 130, ARE YOU KICKED OUT?

MS. WEINSTEIN: NO. NO, BUT THERE -- THERE --

THERE COULD BE ADDITIONAL CHARGES THAT YOU WOULD -- YOU WOULD BE

PAYING.

MR. GOODELL: AND ARE THOSE -- YOU KNOW, I NOTE

THAT THE PRIVATE HOUSING FINANCE LAW, AS IT RELATES TO MITCHELL-LAMA,

HAS SIMILAR PROVISIONS AND IF YOU GO ABOVE THE INITIAL INCOME THRESHOLD

YOU PAY A SURCHARGE.

MS. WEINSTEIN: CORRECT.

MR. GOODELL: ONCE YOU GO OVER THE INITIAL

THRESHOLD BY I THINK MORE THAN 50 PERCENT YOU HAVE TO LEAVE. DO WE

NYS ASSEMBLY APRIL 19, 2024

ENVISION SIMILAR IMPLEMENTING LEGISLATION, AND IF SO WHEN WILL WE SEE

THAT LEGISLATION?

MS. WEINSTEIN: NO, WE DO NOT ENVISION SIMILAR

LEGISLATION. AND I -- I MUST TELL YOU, I HAVE MITCHELL-LAMA PROJECTS IN

MY DISTRICT AND I HAVE NEVER HEARD OF ANYBODY BEING KICKED OUT

BECAUSE OF THEIR INCOME.

MR. GOODELL: AND NOTWITHSTANDING THE CLEAR AND

UNEQUIVOCAL LANGUAGE OF SECTION 31 OF THE PRIVATE HOUSING FINANCE

LAW, IS THAT -- YOU'RE SAYING THEY JUST IGNORE THAT?

MS. WEINSTEIN: I'M JUST TALKING ABOUT MY OWN

DISTRICT, I DON'T KNOW WHAT'S HAPPENED IN OTHER -- IN OTHER

COMMUNITIES, OTHER -- OTHER MITCHELL-LAMA DEVELOPMENTS.

MR. GOODELL: NOW, OF COURSE, THIS LANGUAGE ON

THIS QUOTE, "PERMANENTLY AFFORDABLE RENTAL UNITS FOR HOUSEHOLDS UNDER

130 PERCENT," IS AN APPROPRIATION BILL. DO WE ANTICIPATE ANY STATUTORY

LANGUAGE THAT CORRESPONDS TO THIS THAT OUTLINES WHAT HAPPENS IF YOU GO

OVER 130 PERCENT?

MS. WEINSTEIN: YES.

MR. GOODELL: WHEN WILL WE SEE THAT? IS THAT A

STANDALONE BILL?

MS. WEINSTEIN: HOPEFULLY LATER TODAY.

MR. GOODELL: OH, SUPER. IF IT'S LATER TODAY --

MS. WEINSTEIN: DEPENDING ON WHEN YOU THINK

TODAY IS.

(LAUGHTER)

NYS ASSEMBLY APRIL 19, 2024

MR. GOODELL: NOT SO SUPER. AND I SEE THAT WE

ARE FINISHING UP A FIVE YEAR $55 BILLION MTA CAPITAL PROGRAM. HOW

MUCH FUNDING IS PROVIDED BY THE STATE FOR THAT $55 BILLION FIVE YEAR

CAPITAL PROGRAM?

MS. WEINSTEIN: THREE BILLION.

MR. GOODELL: IS THAT 3 BILLION FROM STATE

TAXPAYERS STATEWIDE?

MS. WEINSTEIN: YES.

MR. GOODELL: SO UPSTATERS WHO MIGHT NEVER EVER

SEE THE MTA ARE CONTRIBUTING 3 BILLION, PART OF THE 3 BILLION TO THE

MTA BUT ONLY GETTING LESS THAN 600 MILLION BACK IN CHIPS; IS THAT

WHAT I UNDERSTAND?

MS. WEINSTEIN: NO, AND YOU -- YOU CAN'T MAKE

THOSE COMPARISONS. YOU KNOW, AS -- AS YOU KNOW, THERE ARE OTHER

WAYS THAT COMMUNITIES RECEIVE FUNDING. AS YOU KNOW, FOR EXAMPLE,

THE CITY OF DUNKIRK WHICH I KNOW YOU CARE DEARLY ABOUT --

MR. GOODELL: INDEED.

MS. WEINSTEIN: -- YOU WERE ABLE TO HELP DIRECT

FUNDS FOR THERE TO BE IMPROVEMENTS IN THE INTERSECTION OF STATE ROUTE 5

AND CENTRAL AVE. SO, YOU KNOW, THIS BUDGET CONTAINS -- AND THAT'S JUST

ONE INSTANCE, BUT I -- I WOULD DARE SAY THAT EVERY MEMBER COULD LOOK

IN THIS BUDGET AND FIND SOME PROJECT OR THAT THEY CARE ABOUT THAT

IMPACTS THEIR COMMUNITY. YOU KNOW, WE -- WE DON'T SORT OF CHECK OFF

TAXES AND -- AND SEE WHAT THEY ATTRIBUTE THEM TO ANY INDIVIDUALS,

COMMUNITIES TO -- TO FUND THESE PROJECTS.

NYS ASSEMBLY APRIL 19, 2024

MR. GOODELL: AS YOU CAN APPRECIATE, OUR LOCAL

MUNICIPAL OFFICIALS ARE QUITE IMAGINATIVE AND SOMETIMES INGENIOUS IN

TERMS OF SEEKING FUNDING FROM US. ALONG THOSE LINES, CAN A

MUNICIPALITY ACCESS THE NY SWIM PROGRAM ONCE A POTHOLE IS LARGE

ENOUGH TO SWIM IN?

(LAUGHTER)

MS. WEINSTEIN: I DON'T THINK THAT'S SPECIFICALLY

OUTLINED IN THIS BUDGET BILL.

MR. GOODELL: PERHAPS WE'LL SEE ENABLING

LEGISLATION ON THAT AS WELL THIS AFTERNOON. OUT OF THIS CAPITAL PROJECT'S

BUDGET BILL, CAN YOU TELL US WHAT IS THE TOTAL AMOUNT BEING APPROPRIATED

AND WHAT IS THE SOURCE OF FUNDING FOR THAT APPROPRIATION?

MS. WEINSTEIN: SO THE -- I THINK I MAY HAVE

MENTIONED IN MY OPENING REMARKS, SO THE NEW CAPITAL APPROPRIATIONS

ARE 21.7 BILLION, WHICH IS 2 BILLION ABOVE WHAT THE GOVERNOR HAD

PROPOSED. BUT AS TO ACTUAL CAPITAL SPENDING IN THIS FISCAL YEAR, IT'S 17.6

BILLION WHICH IS ACTUALLY A $1.2 BILLION DECREASE FROM WHAT WAS

PROPOSED.

MR. GOODELL: AND WHERE IS THE SOURCE OF

FUNDING? OR WHAT IS THE SOURCE OF FUNDING?

MS. WEINSTEIN: APPROXIMATELY 6 BILLION IS GOING

TO BE BONDED.

MR. GOODELL: THANK YOU VERY MUCH. I

APPRECIATE YOUR COMMENTS AND YOUR CLARIFICATIONS. THANK YOU, SIR.

(PAUSE)

NYS ASSEMBLY APRIL 19, 2024

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. AS ACKNOWLEDGED

BY MY COLLEAGUES, THERE ARE MANY POSITIVE ASPECTS OF THIS CAPITAL

PROJECT PROGRAM BUT OBVIOUSLY A NUMBER OF CONCERNS. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED, BUT I SUSPECT THEY'LL BE THOSE WHO

WANT TO VOTE HERE ON THE FLOOR IN FAVOR OF IT. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF

THIS BUDGET BILL; HOWEVER, THERE MAY BE A FEW THAT WOULD DESIRE TO BE

AN EXCEPTION. THEY SHOULD FEEL FREE TO CAST THEIR VOTES AT THEIR SEATS.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. SIMONE TO EXPLAIN HIS VOTE.

MR. SIMONE: MR. SPEAKER, ON THE BILL. ALONG WITH

MY COLLEAGUES I HAVE BEEN CALLING FOR A COMPREHENSIVE,

ALL-OF-THE-ABOVE APPROACH TO TACKLE THE AFFORDABLE HOUSING CRISIS. WE

HAVE TO BE INNOVATIVE TO MAKE OUR STATE AFFORDABLE AND LIVEABLE FOR

NYS ASSEMBLY APRIL 19, 2024

EVERY NEW YORKER. THE VACANCY RATE IN NEW YORK CITY IS 1.4 PERCENT,

IT'S EVEN LOWER FOR UNITS THAT MIDDLE AND LOW INCOME NEW YORKERS CAN

AFFORD. MY PARENTS WERE PRICED OUT OF THE CITY AND STATE AND SO MANY

OTHER MIDDLE INCOME FAMILIES HAVE BEEN AS WELL. THAT IS UNACCEPTABLE

AND IT'S DRIVING FAMILIES OUT OF OUR CITY AND STATE TO PLACES LIKE - I

WON'T MENTION - IN THE SOUTH. I AM PROUD TO SEE SUCH SIGNIFICANT

FUNDING, 250 MILLION FOR THE REDEVELOPMENT OF UNDERUTILIZED SITES FOR

HOUSING. THIS IS A CRITICAL RESOURCE THAT HAS NOT BEEN TAKEN ADVANTAGE

OF WHICH WILL HELP EASE THE STRAIN ON THE HOUSING MARKET. IN MY

DISTRICT, MANHATTAN COMMUNITY BOARD 4, CREATED A HOUSING PLAN THAT

CALLED FOR FULL DEVELOPMENT OF STATE-OWNED SITES. I HAVE FIVE OF THESE

SITES IN MY DISTRICT. MANY OF THEM READY TO BUILD WHICH WOULD CREATE

OVER 5,000 HOUSING UNITS, ALMOST 2,000 OF THEM BEING AFFORDABLE. THAT

MEANS FAMILY WILL BE ABLE TO LIVE IN THE SAME NEIGHBORHOODS WHERE

THEY WORK OR WHERE THEIR CHILDREN GO TO SCHOOL. THAT IS EXACTLY THE

KIND OF NEIGHBORS I WANT TO SEE IN MY CITY AND STATE. I WANT TO SEE

HOUSING FOR THE FIREFIGHTER AND THE TEACHERS, AS WELL AS THE BANKERS. I

DON'T WANT THE WEST SIDE TO JUST BE A PLAYGROUND FOR THE WELL-TO-DO

WHICH IT'S BECOMING. I AM PROUD TO SEE THIS FUNDING IN THE BUDGET AND

I WILL BE THE FIRST TO RAISE MY HAND IN SAYING YES IN BUILDING SIGNIFICANT

NEW HOUSING IN MY DISTRICT FOR EVERY NEW YORKER.

ACTING SPEAKER AUBRY: MS. LEVENBERG TO

EXPLAIN HER VOTE.

MS. LEVENBERG: THANK YOU, MR. SPEAKER. I RISE

TO EXPLAIN MY VOTE. WHILE I WILL BE VOTING IN FAVOR OF THIS PART OF THE

NYS ASSEMBLY APRIL 19, 2024

BUDGET BECAUSE I KNOW IT WILL HELP OUR LIBRARIES AND IT WILL HELP OUR

CLEAN WATER INFRASTRUCTURE AND OUR ENVIRONMENTAL PROTECTION FUND AND

I'M SO HAPPY THAT SO MANY OF THOSE AREAS WERE ACTUALLY RESTORED. I

KNOW MANY, MANY LAUDABLE AND UNNECESSARY LOCAL PROJECTS THAT WILL BE

FUNDED THROUGH -- THROUGH THE CREST GRANTS, I KNOW IT IS PLAINLY NOT

ENOUGH. I DO WISH WE WERE ABLE TO USE PUBLIC TRANSPORTATION POWERED

BY CLEAN AND SUSTAINABLE ENERGY, BUT UNFORTUNATELY WE HAVE NOT QUITE

MADE IT THERE YET AND WE'RE NOT QUITE AT THE GEORGE JETSON PHASE SO WE

DO HAVE ELECTRIC VEHICLES THAT ARE IN PLACE. WE KNOW WE NEED TO BUILD

OUT OUR ELECTRIC INFRASTRUCTURE TO HAVE MORE OF THOSE BUT EVEN THOSE

VEHICLES ARE ACTUALLY HEAVIER THAN SOME OF OUR GAS-POWERED VEHICLES.

SO WE KNOW WE HAVE TO DO BETTER TO MAINTAIN OUR ROAD INFRASTRUCTURE.

AND EVEN AS WE SEE CLIMATE CHANGE IS UPON US, WE KNOW THAT OUR

CULVERTS ARE OVERFLOWING AND THAT OUR DAMS ARE BUSTING AT THE SEAMS

AND THAT WE HAVE POTHOLES EVERYWHERE. JUST A FEW YEARS AGO OUR

GOVERNOR DECLARED A WAR ON POTHOLES, BUT UNFORTUNATELY WE HAVEN'T

SEEN THAT WAR MAKE ITS WAY DOWN TO THE LOWER HUDSON VALLEY. AND AS

MY COLLEAGUE MENTIONED EARLIER, REGION 8 WHICH IS THE REGION THAT I

REPRESENT DOT, OUR ROADS ARE IN THE WORST CONDITION. I JUST SPOKE TO

ONE OF MY COLLEAGUES YESTERDAY WHO MENTIONED THAT WHILE HIS ROADS IN

LONG ISLAND WERE REALLY BAD, HE WAS IN -- IN OUR AREA AND HE ADMITTED

THAT OURS ARE EVEN WORSE. SO WE KNOW WE HAVE TO DO MUCH, MUCH

MORE FOR OUR ROADS AND THAT IS WHY I'M VERY DISAPPOINTED THAT THE

GOVERNOR HAS NOT AGREED TO THE ADDS THAT WE PUT IN OUR ASSEMBLY AND

SENATE ONE-HOUSES. SO HOPEFULLY WE WILL BE ABLE TO ADDRESS THOSE

NYS ASSEMBLY APRIL 19, 2024

WITH THE MONEY THAT IS IN HERE AND WE KNOW IT'S NOT ENOUGH AND I'M

HOPING THAT IT WILL BE IN THE FUTURE. I SHALL BE VOTING NO IN FAVOR.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. OTIS TO EXPLAIN HIS VOTE.

MR. OTIS: THANK YOU. JUST WANT TO HIGHLIGHT BRIEFLY

A VERY IMPORTANT PART OF THIS BUDGET WHICH IS THE FULL FUNDING AT $500

MILLION OF CLEAN WATER PROGRAMS. THIS IS SO VITAL AND THE ASSEMBLY

SHOULD FEEL VERY GOOD BECAUSE WE LED THE WAY IN 2015 IN GETTING THESE

PROGRAMS GOING. NEW YORK STATE HAS THE MOST ROBUST CLEAN WATER

PROGRAMS IN THE COUNTRY. WE CONTINUE TO LEAD THE COUNTRY. AND JUST

FOR A PART OF IT, THE WIA PROGRAM HAS PROVIDED OVER $2 BILLION IN

GRANTS TO LOCAL GOVERNMENTS, OVER 800 DIFFERENT PROJECTS, OVER 500

DIFFERENT COMMUNITIES AND WE'RE GOING TO KEEP THE MOMENTUM GOING

FOR CLEAN WATER PROJECTS. FEDERAL REQUIREMENTS ARE GETTING STRICTER,

WE'RE GOING TO NEED EVEN MORE MONEY NEXT YEAR. CONGRATULATE

EVERYBODY IN THIS ROOM WHO'S SUPPORTING THIS BILL AND THIS ADDITION TO

THE BUDGET. THANK YOU. I VOTE AYE.

ACTING SPEAKER AUBRY: THANK YOU.

MS. FAHY TO EXPLAIN HER VOTE.

MS. FAHY: THANK YOU, MR. SPEAKER. I RISE ALSO TO

EXPLAIN MY VOTE AND APPRECIATE SO MUCH OF WHAT IS IN THIS BUDGET. I

WANT TO ECHO THE COMMENTS OF MY COLLEAGUE WHO JUST SPOKE IN TERMS

OF CLEAN WATER AND I COMMEND HIS EFFORTS AS WELL AS OTHER COLLEAGUES

ON THE $500 MILLION AND FOR CLEAN WATER, IT'S SUCH A FUNDAMENTAL ISSUE

NYS ASSEMBLY APRIL 19, 2024

AND IT'S SOMETHING ALL -- ALL OUR CONSTITUENTS CARE ABOUT. THE ABILITY TO

TURN ON A TAP AND HAVE CLEAN WATER, SO THERE'S STILL LOTS OF WORK TO BE

DONE THERE. VERY PROUD AS HIGHER EDUCATION CHAIR THAT WE HAVE

ADDITIONAL HIGHER EDUCATION FUNDING IN CAPITAL. I KNOW WE STILL HAVE

SOME WORK TO DO AND WE STILL HAVE WORK AHEAD HERE THIS EVENING I

HOPE ON -- ON SOME OVERALL CUNY, SUNY AND MORE FUNDING. BUT WE

DID DO A RESTORATION ON THE HECAP FUNDING WHICH IS FOR OUR PUBLIC AND

PRIVATE -- SORRY, OUR PRIVATE AND INDEPENDENT COLLEGES AND SOMETHING

THAT'S VERY IMPORTANT. FINALLY, I ALSO WANT TO RECOMMEND OR RECOGNIZE

THE CHIPS FUNDING. I'M PLEASED WE RESTORED THAT FUNDING. WE

RECOGNIZE POTHOLES AS WE HEARD EARLIER ARE A BIG ISSUE SO THERE IS A --

USUAL MORE TO BE DONE. ON A VERY, VERY POSITIVE NOTE, I WANT TO SAY I'M

PARTICULARLY PLEASED OVER THE $10 MILLION IN FOR THE STATE MUSEUM.

WE'VE HEARD FROM MANY, MANY CONSTITUENTS - THIS IS THE NEW YORK

STATE MUSEUM - IT'S BEEN TIRED AND STALE AND IT'S TIME NOW TO

COMPLETELY REVITALIZE IT. WE HAD HOPED FOR A LITTLE BIT MORE AS WITH

ANYTHING ELSE BUT THIS IS GOING TO GIVE US A GREAT START, AND I LOOK

FORWARD TO AN ENTIRE CHILDREN'S WING WITH THAT STATE MUSEUM AND LOOK

FORWARD TO WORKING WITH STATE ED AND A WHOLE HOST OF OTHER GROUP OF

STAKEHOLDERS SO THAT WE CAN REALLY MAKE US -- THIS A NEW YORK STATE

MUSEUM WE ARE PROUD OF.

WITH THAT, MR. SPEAKER, I VOTE IN FAVOR OF THE BUDGET,

THANK YOU, OR FAVOR OF THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SHIMSKY.

NYS ASSEMBLY APRIL 19, 2024

MS. SHIMSKY: THANK YOU VERY MUCH, MR.

SPEAKER. THE CAPITAL BUDGET IS THE PRIMARY WAY OF COURSE THAT WE FUND

OUR INFRASTRUCTURE. AND SOMETIMES THESE DEBATES END UP BEING DO WE

FUND ONE THING OR DO WE FUND ANOTHER AND WE CANNOT PERFORM OUR

SOCIAL SERVICES WITHOUT BUILDINGS, WITHOUT ROADS AND BRIDGES AND

BUSES TO GET PEOPLE TO THEIR SERVICES. WE CAN FUND SCHOOLS TO -- TO THE

FAIRLY WELL BUT IF THE SCHOOL BUILDINGS ARE FALLING APART, OUR EDUCATION

SYSTEM'S GOING TO FALL APART, TOO. SAME THING WITH OUR HOSPITALS AND

OUR HEALTHCARE FACILITIES. THERE IS A LOT TO RECOMMEND IN THIS CAPITAL

BUDGET. MUCH OF IT HAS ALREADY BEEN SPOKEN ABOUT, BUT AT THE SAME

TIME IN FUTURE YEARS WE ARE GOING TO HAVE TO RESOLVE TO DO BETTER ON

MAKING SURE THAT WE'VE GOT THE ROAD AND BRIDGE INFRASTRUCTURE WE NEED,

THAT THE CLEAN WATER INFRASTRUCTURE IS WHAT WE NEED, THAT THE BUILDINGS

THAT HOUSE THE PLACES WHERE WE -- WHERE WE PROVIDE OUR VITAL SERVICES

ARE TAKEN CARE OF.

SO MR. SPEAKER, I WILL BE VOTING IN THE AFFIRMATIVE

AND I AM HOPEFUL THAT WE WILL CONTINUE TO MOVE EVER UPWARD IN FUTURE

YEARS ON THIS.

ACTING SPEAKER AUBRY: ARE THERE ANY OTHER

VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 4, RULES REPORT NO. 35, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08807-C, RULES

REPORT NO. 35, BUDGET BILL. AN ACT TO AMEND PART H OF CHAPTER 39 OF

NYS ASSEMBLY APRIL 19, 2024

THE LAWS OF 2011, AMENDING THE PUBLIC HEALTH LAW AND OTHER LAWS

RELATING TO GENERAL HOSPITAL REIMBURSEMENT FOR ANNUAL RATES, IN RELATION

TO KNOWN AND PROJECTED DEPARTMENT OF HEALTH STATE FUND MEDICAID

EXPENDITURES (PART A); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

EXTENDING CERTAIN PROVISIONS RELATED TO THE ISSUANCE OF ACCOUNTABLE

CARE ORGANIZATION CERTIFICATIONS AND STATE OVERSIGHT OF ANTITRUST

PROVISIONS; TO AMEND PART D OF CHAPTER 56 OF THE LAWS OF 2013

AMENDING THE SOCIAL SERVICES LAW RELATING TO ELIGIBILITY CONDITIONS,

CHAPTER 649 OF THE LAWS OF 1996 AMENDING THE PUBLIC HEALTH LAW,

THE MENTAL HYGIENE LAW AND THE SOCIAL SERVICES LAW RELATING TO

AUTHORIZING THE ESTABLISHMENT OF SPECIAL NEEDS PLANS, PART V OF

CHAPTER 57 OF THE LAWS OF 2022 AMENDING THE PUBLIC HEALTH LAW AND

THE INSURANCE LAW RELATING TO REIMBURSEMENT FOR COMMERCIAL AND

MEDICAID SERVICES PROVIDED VIA TELEHEALTH, CHAPTER 659 OF THE LAWS OF

1997 AMENDING THE PUBLIC HEALTH LAW AND OTHER LAWS RELATING TO

CREATION OF CONTINUING CARE RETIREMENT COMMUNITIES, PART NN OF

CHAPTER 57 OF THE LAWS OF 2018 AMENDING THE PUBLIC HEALTH LAW AND

THE STATE FINANCE LAW RELATING TO ENACTING THE OPIOID STEWARDSHIP

ACT, PART II OF CHAPTER 54 OF THE LAWS OF 2016 AMENDING PART C OF

CHAPTER 58 OF THE LAWS OF 2005 RELATING TO AUTHORIZING

REIMBURSEMENTS FOR EXPENDITURES MADE BY OR ON BEHALF OF SOCIAL

SERVICES DISTRICTS FOR MEDICAL ASSISTANCE FOR NEEDY PERSONS AND

ADMINISTRATION THEREOF, PART B OF CHAPTER 57 OF THE LAWS OF 2015

AMENDING THE SOCIAL SERVICES LAW AND OTHER LAWS RELATING TO ENERGY

AUDITS AND/OR DISASTER PREPAREDNESS REVIEWS OF RESIDENTIAL HEALTHCARE

NYS ASSEMBLY APRIL 19, 2024

FACILITIES BY THE COMMISSIONER, PART H OF CHAPTER 57 OF THE LAWS OF

2019 AMENDING THE PUBLIC HEALTH LAW RELATING TO WAIVER OF CERTAIN

REGULATIONS, PART Q OF CHAPTER 59 OF THE LAWS OF 2016, AMENDING THE

MENTAL HYGIENE LAW RELATING TO THE CLOSURE OR TRANSFER OF A

STATE-OPERATED INDIVIDUALIZED RESIDENTIAL ALTERNATIVE, AND CHAPTER 769

OF THE LAWS OF 2023, AMENDING THE PUBLIC HEALTH LAW RELATING TO THE

ADULT CYSTIC FIBROSIS ASSISTANCE PROGRAM, IN RELATION TO THE

EFFECTIVENESS THEREOF; AND TO AMEND CHAPTER 670 OF THE LAWS OF 2021,

REQUIRING THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES TO

ESTABLISH THE CARE DEMONSTRATION PROGRAM, IN RELATION TO THE

ESTABLISHMENT OF A CARE DEMONSTRATION PROGRAM AND THE EFFECTIVENESS

THEREOF (PART B); TO AMEND THE EDUCATION LAW, IN RELATION TO REMOVING

THE EXEMPTION FOR SCHOOL PSYCHOLOGISTS TO RENDER EARLY INTERVENTION

SERVICES; AND TO AMEND CHAPTER 217 OF THE LAWS OF 2015, AMENDING

THE EDUCATION LAW RELATING TO CERTIFIED SCHOOL PSYCHOLOGISTS AND

SPECIAL EDUCATION SERVICES AND PROGRAMS FOR PRESCHOOL CHILDREN WITH

HANDICAPPING CONDITIONS, IN RELATION TO THE EFFECTIVENESS THEREOF (PART

C); TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO REDUCING THE

HOSPITAL CAPITAL RATE ADD-ON; TO AMEND PART ZZ OF CHAPTER 56 OF THE

LAWS OF 2020 AMENDING THE TAX LAW AND THE SOCIAL SERVICES LAW

RELATING TO CERTAIN MEDICAID MANAGEMENT, IN RELATION TO THE

EFFECTIVENESS THEREOF; TO AMEND PART E OF CHAPTER 57 OF THE LAWS OF

2015, AMENDING THE PUBLIC HEALTH LAW RELATING TO THE PAYMENT OF

CERTAIN FUNDS FOR UNCOMPENSATED CARE, IN RELATION TO CERTAIN PAYMENTS

BEING MADE AS OUTPATIENT UPPER PAYMENT LIMIT PAYMENTS FOR OUTPATIENT

NYS ASSEMBLY APRIL 19, 2024

HOSPITAL SERVICES DURING CERTAIN STATE FISCAL YEARS AND CALENDAR YEARS;

TO AMEND PART B OF CHAPTER 57 OF THE LAWS OF 2015, AMENDING THE

SOCIAL SERVICES LAW RELATING TO SUPPLEMENTAL REBATES, IN RELATION TO

AUTHORIZING THE DEPARTMENT OF HEALTH TO INCREASE OPERATING COST

COMPONENT OF RATES OF PAYMENT FOR GENERAL HOSPITAL OUTPATIENT SERVICES

AND AUTHORIZING THE DEPARTMENT OF HEALTH TO PAY A PUBLIC HOSPITAL

ADJUSTMENT TO PUBLIC GENERAL HOSPITALS DURING CERTAIN STATE FISCAL YEARS

AND CALENDAR YEARS; TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO

AUTHORIZING THE COMMISSIONER TO MAKE ADDITIONAL INPATIENT HOSPITAL

PAYMENTS DURING CERTAIN STATE FISCAL YEARS AND CALENDAR YEARS; AND TO

AMEND PART B OF CHAPTER 58 OF THE LAWS OF 2010, AMENDING THE SOCIAL

SERVICES LAW AND THE PUBLIC HEALTH LAW RELATING TO PRESCRIPTION DRUG

COVERAGE FOR NEEDY PERSONS AND HEALTH CARE INITIATIVES POOLS, IN

RELATION TO AUTHORIZING THE DEPARTMENT OF HEALTH TO MAKE MEDICAID

PAYMENT INCREASES FOR COUNTY-OPERATED FREE-STANDING CLINICS DURING

CERTAIN STATE FISCAL YEARS AND CALENDAR YEARS (PART D); TO AMEND THE

PUBLIC HEALTH LAW, IN RELATION TO FREEZING THE OPERATING COMPONENT OF

THE RATES FOR SKILLED NURSING FACILITIES, REDUCING THE CAPITAL COMPONENT

OF THE RATES FOR SKILLED NURSING FACILITIES BY AN ADDITIONAL 10 PERCENT,

AND ELIGIBILITY FOR ADMISSION TO THE NEW YORK STATE VETERANS' HOME

(PART E); TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO THE SPECIAL

NEEDS ASSISTED LIVING RESIDENCE VOUCHER PROGRAM (PART F);

INTENTIONALLY OMITTED (PART G); TO AMEND PART I OF CHAPTER 57 OF THE

LAWS OF 2022, PROVIDING A 1 PERCENT ACROSS-THE- BOARD PAYMENT

INCREASE TO ALL QUALIFYING FEE-FOR-SERVICE MEDICAID RATES, IN RELATION TO

NYS ASSEMBLY APRIL 19, 2024

ELIMINATING THE 1 PERCENT RATE INCREASE TO MANAGED CARE ORGANIZATIONS

(PART H); TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO COPAYMENTS

FOR DRUGS; TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE PREFERRED

DRUG PROGRAM; TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE

MEDICAID DRUG CAP AND PHARMACY COST REPORTING; AND TO AMEND THE

SOCIAL SERVICES LAW, IN RELATION TO COVERAGE FOR DRUGS AUTHORIZED BY

ACCELERATED APPROVAL (PART I); TO AMEND THE SOCIAL SERVICES LAW, IN

RELATION TO RENAMING THE BASIC HEALTH PROGRAM TO THE ESSENTIAL PLAN;

TO AMEND PART H OF CHAPTER 57 OF THE LAWS OF 2021, AMENDING THE

SOCIAL SERVICES LAW RELATING TO ELIMINATING CONSUMER-PAID PREMIUM

PAYMENTS IN THE BASIC HEALTH PROGRAM, IN RELATION TO THE EFFECTIVENESS

THEREOF; TO AMEND PART BBB OF CHAPTER 56 OF THE LAWS OF 2022,

AMENDING THE PUBLIC HEALTH LAW AND OTHER LAWS RELATING TO PERMITTING

THE COMMISSIONER OF HEALTH TO SUBMIT A WAIVER THAT EXPANDS

ELIGIBILITY FOR NEW YORK'S BASIC HEALTH PROGRAM AND INCREASES THE

FEDERAL POVERTY LIMIT CAP FOR BASIC HEALTH PROGRAM ELIGIBILITY FROM

200 TO 250 PERCENT, IN RELATION TO EXTENDING CERTAIN PROVISIONS RELATED

TO PROVIDING LONG-TERM SERVICES AND SUPPORTS UNDER THE ESSENTIAL

PLAN; AND TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO ADDING

REFERENCES TO THE 1332 STATE INNOVATION WAIVER, PROVIDING A NEW

SUBSIDY TO ASSIST LOW-INCOME NEW YORKERS WITH THE PAYMENT OF

PREMIUMS, COST-SHARING OR BOTH THROUGH THE MARKETPLACE, AND ADDING

THE 1332 STATE INNOVATION PROGRAM TO THE FUNCTIONS OF THE MARKETPLACE

(PART J); TO AMEND CHAPTER 266 OF THE LAWS OF 1986 AMENDING THE

CIVIL PRACTICE LAW AND RULES AND OTHER LAWS RELATING TO MALPRACTICE

NYS ASSEMBLY APRIL 19, 2024

AND PROFESSIONAL MEDICAL CONDUCT, IN RELATION TO INSURANCE COVERAGE

PAID FOR BY FUNDS FROM THE HOSPITAL EXCESS LIABILITY POOL AND

EXTENDING THE EFFECTIVENESS OF CERTAIN PROVISIONS THEREOF; TO AMEND

PART J OF CHAPTER 63 OF THE LAWS OF 2001 AMENDING CHAPTER 266 OF THE

LAWS OF 1986 AMENDING THE CIVIL PRACTICE LAW AND RULES AND OTHER

LAWS RELATING TO MALPRACTICE AND PROFESSIONAL MEDICAL CONDUCT, IN

RELATION TO EXTENDING CERTAIN PROVISIONS CONCERNING THE HOSPITAL

EXCESS LIABILITY POOL; AND TO AMEND PART H OF CHAPTER 57 OF THE LAWS

OF 2017 AMENDING THE NEW YORK HEALTH CARE REFORM ACT OF 1996 AND

OTHER LAWS RELATING TO EXTENDING CERTAIN PROVISIONS RELATING THERETO, IN

RELATION TO EXTENDING PROVISIONS RELATING TO EXCESS COVERAGE (PART K);

INTENTIONALLY OMITTED (PART L); TO AMEND THE SOCIAL SERVICES LAW AND

THE PUBLIC HEALTH LAW, IN RELATION TO AUTHORIZING CONTINUOUS COVERAGE

IN MEDICAID AND CHILD HEALTH PLUS, FOR ELIGIBLE CHILDREN AGES ZERO TO

SIX (PART M); INTENTIONALLY OMITTED (PART N); TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO EXPANDING FINANCIAL ASSISTANCE; AND TO

AMEND THE GENERAL BUSINESS LAW, IN RELATION TO ADDITIONAL CONSUMER

PROTECTION FOR MEDICAL DEBT AND RESTRICTING THE APPLICATIONS FOR AND USE

OF CREDIT CARDS AND MEDICAL FINANCIAL PRODUCTS (PART O); TO AMEND PART

C OF CHAPTER 57 OF THE LAWS OF 2022 AMENDING THE PUBLIC HEALTH LAW

AND THE EDUCATION LAW RELATING TO ALLOWING PHARMACISTS TO DIRECT

LIMITED SERVICE LABORATORIES AND ORDER AND ADMINISTER COVID-19 AND

INFLUENZA TESTS AND MODERNIZING NURSE PRACTITIONERS, AND CHAPTER 21 OF

THE LAWS OF 2011 AMENDING THE EDUCATION LAW RELATING TO AUTHORIZING

PHARMACISTS TO PERFORM COLLABORATIVE DRUG THERAPY MANAGEMENT WITH

NYS ASSEMBLY APRIL 19, 2024

PHYSICIANS IN CERTAIN SETTINGS, IN RELATION TO THE EFFECTIVENESS THEREOF

(PART P); INTENTIONALLY OMITTED (PART Q); INTENTIONALLY OMITTED (PART R);

TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO ESTABLISHING THE

HEALTHCARE SAFETY NET TRANSFORMATION PROGRAM (PART S); INTENTIONALLY

OMITTED (PART T); INTENTIONALLY OMITTED (PART U); INTENTIONALLY OMITTED

(PART V); INTENTIONALLY OMITTED (PART W); INTENTIONALLY OMITTED (PART

X); TO AMEND CHAPTER 62 OF THE LAWS OF 2003, AMENDING THE MENTAL

HYGIENE LAW AND THE STATE FINANCE LAW RELATING TO THE COMMUNITY

MENTAL HEALTH SUPPORT AND WORKFORCE REINVESTMENT PROGRAM, THE

MEMBERSHIP OF SUBCOMMITTEES FOR MENTAL HEALTH OF COMMUNITY

SERVICES BOARDS AND THE DUTIES OF SUCH SUBCOMMITTEES AND CREATING THE

COMMUNITY MENTAL HEALTH AND WORKFORCE REINVESTMENT ACCOUNT, IN

RELATION TO THE EFFECTIVENESS THEREOF (PART Y); TO AMEND PART NN OF

CHAPTER 58 OF THE LAWS OF 2015, AMENDING THE MENTAL HYGIENE LAW

RELATING TO CLARIFYING THE AUTHORITY OF THE COMMISSIONERS IN THE

DEPARTMENT OF MENTAL HYGIENE TO DESIGN AND IMPLEMENT TIME-LIMITED

DEMONSTRATION PROGRAMS, IN RELATION TO THE EFFECTIVENESS THEREOF (PART

Z); TO AMEND THE INSURANCE LAW, IN RELATION TO SETTING MINIMAL

REIMBURSEMENT FOR BEHAVIORAL HEALTH TREATMENT (PART AA); TO AMEND

CHAPTER 723 OF THE LAWS OF 1989 AMENDING THE MENTAL HYGIENE LAW

AND OTHER LAWS RELATING TO COMPREHENSIVE PSYCHIATRIC EMERGENCY

PROGRAMS, IN RELATION TO THE EFFECTIVENESS OF CERTAIN PROVISIONS THEREOF

(PART BB); INTENTIONALLY OMITTED (PART CC); TO AMEND PART A OF

CHAPTER 111 OF THE LAWS OF 2010 AMENDING THE MENTAL HYGIENE LAW

RELATING TO THE RECEIPT OF FEDERAL AND STATE BENEFITS RECEIVED BY

NYS ASSEMBLY APRIL 19, 2024

INDIVIDUALS RECEIVING CARE IN FACILITIES OPERATED BY AN OFFICE OF THE

DEPARTMENT OF MENTAL HYGIENE, IN RELATION TO THE EFFECTIVENESS THEREOF

(PART DD); INTENTIONALLY OMITTED (PART EE); TO ESTABLISH A COST-OF-LIVING

ADJUSTMENT FOR DESIGNATED HUMAN SERVICES PROGRAMS (PART FF); TO

AMEND THE SOCIAL SERVICES LAW, IN RELATION TO PROVIDING CONTRACTING

FLEXIBILITY IN RELATION TO 1115 MEDICAID WAIVERS (PART GG); TO AMEND

THE SOCIAL SERVICES LAW, IN RELATION TO STATEWIDE FISCAL INTERMEDIARIES

AND A REGISTRATION PROCESS FOR SUCH INTERMEDIARIES; TO AMEND THE SOCIAL

SERVICES LAW, IN RELATION TO THE CONSUMER DIRECTED PERSONAL

ASSISTANCE PROGRAM; AND TO REPEAL CERTAIN PROVISIONS OF THE SOCIAL

SERVICES LAW RELATING THERETO (PART HH); TO AMEND THE PUBLIC HEALTH

LAW AND THE STATE FINANCE LAW, IN RELATION TO ESTABLISHING A NEW

YORK MANAGED CARE ORGANIZATION PROVIDER TAX (PART II); TO AMEND THE

SOCIAL SERVICES LAW, IN RELATION TO COVERAGE FOR SERVICES PROVIDED BY

SCHOOL-BASED HEALTH CENTERS FOR MEDICAL ASSISTANCE RECIPIENTS (PART JJ);

TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO THE CREATION OF A

COMMUNITY DOULA EXPANSION GRANT PROGRAM; AND TO REPEAL SUCH

PROGRAM UPON EXPIRATION THEREOF (PART KK); TO AMEND THE PUBLIC

HEALTH LAW, IN RELATION TO REIMBURSEMENT RATES FOR MEDICALLY-FRAGILE

CHILDREN AND PEDIATRIC DIAGNOSTIC AND TREATMENT CENTERS; AND PROVIDING

FOR THE REPEAL OF SUCH PROVISIONS UPON THE EXPIRATION THEREOF (PART LL);

TO AMEND THE EXECUTIVE LAW, IN RELATION TO ESTABLISHING THE

COMMUNITY ADVISORY BOARD FOR THE MODERNIZATION AND REVITALIZATION

OF SUNY DOWNSTATE HEALTH SCIENCES UNIVERSITY (PART MM); AND TO

AMEND PART I OF CHAPTER 57 OF THE LAWS OF 2022 PROVIDING A 1 PERCENT

NYS ASSEMBLY APRIL 19, 2024

ACROSS-THE-BOARD PAYMENT INCREASE TO ALL QUALIFYING FEE-FOR-SERVICE

MEDICAID RATES, IN RELATION TO CERTAIN MEDICAID PAYMENTS MADE FOR

HOSPITAL SERVICES (PART NN)

ACTING SPEAKER AUBRY: GOVERNOR'S MESSAGE

IS AT THE DESK, THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

KATHY HOCHUL, GOVERNOR.

ACTING SPEAKER AUBRY: EXPLANATION HAS BEEN

REQUESTED, MS. WEINSTEIN.

MS. WEINSTEIN: I'M SURE THEY'LL BE QUESTIONS, SO

LET ME JUST DO A BRIEF -- BRIEF INTRODUCTION TO THE BILL, WHICH WOULD

ENACT INTO LAW MAJOR COMPONENTS OF LEGISLATION THAT ARE NECESSARY TO

IMPLEMENT THE STATE FISCAL YEAR '24-'25 BUDGET AS IT PERTAINS TO THE

HEALTH AND MENTAL HYGIENE BUDGET. VERY -- THERE ARE MANY VERY

IMPORTANT PROVISIONS IN THIS BUDGET AND I'D BE HAPPY TO -- IN -- IN THIS

PARTICULAR BILL, TO ANSWER QUESTIONS IN THAT REGARD.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL CHAIR

WEINSTEIN YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: THE CHAIR YIELDS.

MR. RA: THANK YOU. SO, STILL NOT THERE ON A

FINANCIAL PLAN OR DO WE HAVE SOMETHING AT THIS POINT?

MS. WEINSTEIN: NOT A CHANGE IN THE PAST -- SINCE

OUR LAST DEBATE.

NYS ASSEMBLY APRIL 19, 2024

MR. RA: OKAY, THANK YOU. BUT WITH REGARD TO THIS,

OBVIOUSLY MEDICAID IS THE LARGEST PROGRAM IN OUR STATE BUDGET. THIS --

THIS BILL DOES INCLUDE SOME SIGNIFICANT CHANGES AND, YOU KNOW, THAT

INFORMATION IN TERMS OF MEDICAID FUNDING ISN'T ALWAYS QUITE SO SIMPLE

AS BILL TEXT. SO DO WE HAVE JUST IN TERMS OF SPENDING ON -- ON THAT

PROGRAM A MEDICAID SCORECARD PUBLICALLY AVAILABLE?

MS. WEINSTEIN: NO, WE DO NOT.

MR. RA: CAN YOU PROVIDE, YOU KNOW, ANY -- I GUESS

A HIGH -- HIGH-LEVEL OVERVIEW OF LEGISLATIVE ADDS THAT WOULD BE IN THE

MEDICAID SCORECARD?

(PAUSE)

MS. WEINSTEIN: SO, WE ARE ADDING $1.8 BILLION TO

THE MEDICAID PROGRAM.

MR. RA: OKAY. AND DOES THIS BUDGET STAY WITHIN

THE GLOBAL CAP?

MS. WEINSTEIN: YES, IT DOES.

MR. RA: OKAY. AND -- AND LOOKING INTO THE FUTURE,

IN WHAT YEAR DOES THE MEDICAID BUDGET EXCEED THE GLOBAL CAP

PARAMETERS?

MS. WEINSTEIN: I BELIEVE NEXT YEAR.

MR. RA: AND CAN YOU PROVIDE A BRIEF OVERVIEW OF

THE SAVINGS ACTIONS THAT ARE BEING TAKEN TO STAY UNDER THE MEDICAID

GLOBAL CAP?

MS. WEINSTEIN: SO, WE ARE SAVING ABOUT $1.3

BILLION.

NYS ASSEMBLY APRIL 19, 2024

MR. RA: AND ANY OF THE -- CAN YOU JUST DETAIL ANY OF

THE LARGER ACTIONS THAT ARE BEING TAKEN TO -- TO GET TO THAT SAVINGS?

(PAUSE)

MS. WEINSTEIN: SO, THERE IS JUST OVER 200 MILLION

BY ELIMINATING THE 1 PERCENT THAT WAS ANTICIPATED INCREASE FOR THE

HEALTH PLANS, AND ALSO THE 200 MILLION FOR -- SAVING -- FOR THE MOVING TO

ONE FISCAL INTERMEDIARY.

MR. RA: OKAY. AND ONE OF THE MAJOR ITEMS THAT I

KNOW WE TALKED ABOUT IN THE ONE-HOUSE IS THIS MANAGED CARE

ORGANIZATION --

MS. WEINSTEIN: CORRECT.

MR. RA: -- TAX. I KNOW THE BILL AUTHORIZED IT, BUT IT

DOESN'T REALLY GO TOO MUCH INTO DETAIL. CAN -- CAN YOU EXPLAIN THAT

PROPOSAL?

MS. WEINSTEIN: SURE. THE REASON WHY WE CAN'T

GO INTO DETAIL IS THIS HAS TO BE -- THE ULTIMATE IMPLEMENTATION OF THIS

TAX HAS TO BE AS A RESULT OF THE COMMUNICATIONS BETWEEN THE DOH, THE

EXECUTIVE, AND CMS. THERE HAVE BEEN SOME PRELIMINARY DISCUSSIONS

THAT THE GOVERNOR ACTUALLY HAD WITH THE WHITE HOUSE, BUT THE -- OUR

UNDERSTANDING IS THERE'LL BE A LOT OF BACK-AND-FORTH BEING ABLE TO

DETERMINE WHAT -- HOW THAT PROGRAM WILL BE IMPLEMENTED. ONCE THAT

IS APPROVED BY CMS, THEN THERE WOULD BE A DETERMINATION OF WHAT THE

ACTUAL RATE WOULD BE.

MR. RA: OKAY. SO WE DON'T HAVE ANY FRAMEWORK AT

THIS POINT FOR WHAT THE TAX RATE ACTUALLY WOULD LOOK LIKE?

NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: NO, BUT WE -- WE, YOU KNOW,

HAVE ANTICIPATED IN OUR ONE-HOUSE, AND I BELIEVE THE EXECUTIVE AND

SENATE ARE IN GENERAL AGREEMENT, THAT WE BELIEVE THAT IT WOULD GENERATE

APPROXIMATELY $4 BILLION AND THAT WOULD BE THE FEDERAL -- WE WOULD

GET, THEN, FEDERAL DOLLARS TO MATCH THAT AND THE 4 BILLION WOULD GO

BACK TO THE MEDICAID PROVIDERS.

MR. RA: OKAY. DO WE -- DO YOU KNOW WHAT THE

TIME FRAME WOULD BE ON HAVING THAT WAIVER PROCESSED?

MS. WEINSTEIN: WELL, CLEARLY IT'LL BE SUBMITTED

THIS YEAR. AS I SAID, THERE'LL BE SOME BACK-AND-FORTH WITH CMS TO GET

THE ACTUAL APPROVAL AND -- AND/OR APPROPRIATE RATE. WE ARE HOPEFUL THAT

BY THE END OF THE YEAR OR THE BEGINNING OF THE YEAR AT A MINIMUM THAT

THERE WOULD BE THE ABILITY TO IMPLEMENT A TAX, AND THAT THAT WOULD GO

BACK TO THE DATE THAT IT WAS FIRST SUB -- THE TAX WOULD GO BACK TO THE

BEGINNING OF THE QUARTER THAT IT WAS SUBMITTED TO CMS.

MR. RA: OKAY. DO -- DO WE KNOW AN ANTICIPATED

AMOUNT THAT WOULD BE DEPOSITED INTO THIS HEALTH CARE STABILITY FUND

FROM THIS TAX IN THE 2025 FISCAL YEAR?

MS. WEINSTEIN: WE REALLY WON'T KNOW THAT 'TIL WE

KNOW THE TAX RATE, BUT, YOU KNOW, AGAIN, THE SORT OF GENERAL

UNDERSTANDING IS THAT IT WOULD BE CLOSE TO THE $4 BILLION AMOUNT.

WE'RE ONLY GOING TO BE USING APPROXIMATELY 900 MILLION OF THOSE

FUNDS, SO THE REMAINING MONIES WOULD BE IN THE STABILIZATION FUND.

MR. RA: OKAY. AND WHAT IS THE ANTICIPATED FEDERAL

MATCH, IS IT THE SAME AMOUNT?

NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: YES. IT WOULD -- IT WOULD BE

SIMILAR TO OTHER MEDICAID MATCHES.

MR. RA: OKAY, THANK YOU. THE FUNDS IN THE HEALTH

CARE STABILITY FUND ARE NOT GOING TO BE USED FOR CALCULATION OF THE

MEDICAID GLOBAL CAP GOING FORWARD; IS THAT CORRECT?

MS. WEINSTEIN: CORRECT, BUT THAT WOULD BE

AVAILABLE FOR A FUTURE BUDGET.

MR. RA: OKAY. AND ARE WE ANTICIPATING THAT THERE

WOULD BE ANY OTHER FUNDING SOURCE FOR THAT HEALTH CARE STABILITY FUND

OTHER THAN THE MCO TAX?

MS. WEINSTEIN: NOT AT THIS TIME.

MR. RA: OKAY. AND AM I -- IS MY UNDERSTANDING

CORRECT THAT WHAT THE FEDERAL GOVERNMENT REQUIRES IN TERMS OF THIS

WAIVER IS THAT IT HAS TO BE A BROAD-BASED TAX, IT CAN'T BE, YOU KNOW,

LOOKED AT TO BE TARGETED FOR, YOU KNOW, ONE PARTICULAR ENTITY IN ORDER TO

GET THE FEDERAL WAIVER?

MS. WEINSTEIN: THE -- THE WAIVER -- WHAT -- WE'RE

ACTUALLY APPLYING FOR THE WAIVER TO NOT REQUIRE THE BROAD-BASED

IMPLEMENTATION OF THE TAX SO THAT THE MEDICAID PROGRAM WOULD BE

FOCUSED ON THE -- THE MEDICAID MANAGED CARE ORGANIZATIONS.

MR. RA: OKAY. AND DO WE HAVE ANY, YOU KNOW,

CONTINGENCY PLANS FOR WHAT WOULD HAPPEN IN THE EVENT THAT THE FEDERAL

GOVERNMENT DECIDES NOT TO GIVE US A WAIVER?

MS. WEINSTEIN: WE DON'T, BUT THAT'S BECAUSE WE

ARE PRETTY CONFIDENT THAT WE WILL GET THE WAIVER FROM CMS. I THINK IT'S

NYS ASSEMBLY APRIL 19, 2024

JUST -- THERE HAVE BEEN THOSE, AS I MENTIONED EARLIER, THOSE PRELIMINARY

DISCUSSIONS BETWEEN THE EXECUTIVE AND THE -- THE WHITE HOUSE, SO I --

I THINK IT'S REALLY THE -- THE DETAILS THAT NEED TO BE WORKED OUT AND THE

TIME FRAME.

MR. RA: OKAY. BUT IS IT FAIR TO SAY IF WE WERE NOT

ABLE TO GET THAT, THAT WE'D LIKELY HAVE TO MAKE EITHER PRETTY SIGNIFICANT

CUTS OR SOME OTHER TAX IN ORDER TO PLUG THE HOLE FROM THE -- THE MONEY

WE'RE ANTICIPATING TO GET FROM THIS?

MS. WEINSTEIN: I -- I DON'T -- I DON'T THINK WE'D

HAVE TO. YOU KNOW, WE DO HAVE THE STATE -- WE DO HAVE A LARGE

AMOUNT OF RESERVES AND WE -- AS I SAID EARLIER, WE'RE ONLY -- WE'RE

TAKING LESS THAN A BILLION -- LESS THAN A BILLION OF THE ANTICIPATED

REVENUE TO USE IN THIS YEAR'S BUDGET.

MR. RA: OKAY, THANK YOU.

CDPAP.

MS. WEINSTEIN: YES.

MR. RA: THIS BUDGET CONTAINS PROVISIONS THAT MOVE

CDPAP TO A SINGLE STATEWIDE FISCAL INTERMEDIARY WITH SUBCONTRACTORS.

MS. WEINSTEIN: CORRECT.

MR. RA: IN THE DEVELOPMENT OF THIS, HAS THERE BEEN

DISCUSSIONS IN TERMS OF WHO THIS INDIVIDUAL FISCAL INTERMEDIARY WILL BE?

MS. WEINSTEIN: IT -- THIS WILL BE AN RFP. THE

REQUIREMENT IS THAT THE -- THE STATEWIDE FISCAL INTERMEDIARY WILL HAVE TO

BE AN ORGANIZATION THAT HAS ALREADY -- HAS ALREADY PARTICIPATED AND

RUNNING A PROGRAM IN A DIFFERENT STATE. IT -- THE RFP WOULD INCLUDE

NYS ASSEMBLY APRIL 19, 2024

THINGS LIKE REQUIRING THE STATEWIDE FI TO DEMONSTRATE CULTURAL AND

LANGUAGE COMPETENCIES, EXPERIENCE WORKING WITH ELDERLY INDIVIDUALS,

PEOPLE WITH DISABILITIES, AND AS I MENTIONED, PROVIDE STATEWIDE FI

SERVICES IN AT LEAST ONE OTHER STATE. AND IF I COULD JUST ADD THAT THE

STATEWIDE FI WOULD BE REQUIRED TO CONTRACT WITH ALL OF THE 11

INDEPENDENT LIVING CENTERS IN THE STATE AND AT LEAST ONE OTHER FISCAL

INTER -- INTERMEDIARY ENTITY WITH EACH OF THE FOUR AREAS OF THE STATE.

MR. RA: ON A REGIONAL BASIS?

MS. WEINSTEIN: RIGHT, THE FOUR REGIONAL AREAS.

MR. RA: OKAY. AND WHO -- SO IS THAT RFP BEING

DONE BY THE DEPARTMENT OF HEALTH, OR...

MS. WEINSTEIN: YES. THE -- IT'S ANTICIPATED THAT

DOH WOULD BE ISSUING THE RFP AS QUICKLY AS POSSIBLE SO THAT WE CAN

HAVE THIS NEW VENDOR ON BOARD BY JANUARY 1, 2025 AT THE LATEST.

MR. RA: SO ONCE THE DEPARTMENT OF HEALTH THEN

SELECTS WHO THAT SINGLE FISCAL INTERMEDIARY IS, DOES THAT ENTITY THEN

SELECT THE SUBCONTRACT FISCAL INTERMEDIARIES THEY'D BE WORKING WITH OR

DOES THE DEPARTMENT OF HEALTH DO THAT?

MS. WEINSTEIN: THE -- THE -- WELL, IT -- IT DEPENDS

HOW THE CONTRACT LANGUAGE WOULD BE DEVELOPED, BUT THE INTERMEDIARY,

AS I MENTIONED, DOES HAVE TO CONTRACT WITH ALL OF THE 11 INDEPENDING --

INDEPENDENT LIVING CENTERS THAT CURRENTLY ARE PROVIDING SERVICES, AND

THEN THEY CAN PICK THE REGIONAL SUBCONTRACTORS.

MR. RA: OKAY. AND IS THERE ANYTHING, YOU KNOW,

LANGUAGE IN HERE TO ENSURE THAT CONSUMER CHOICE IS -- IS PROTECTED?

NYS ASSEMBLY APRIL 19, 2024

YOU KNOW, I THINK ONE OF THE CONCERNS EVERYBODY HAS WITH THIS IS THIS

IS A PROGRAM THAT ALLOWS PEOPLE, YOU KNOW, A GREAT DEAL OF FLEXIBILITY

IN -- IN FINDING CARE. SO WHAT ARE WE DOING TO PROTECT CONSUMER CHOICE

AND MAKE SURE THAT PEOPLE THAT CURRENTLY ARE UTILIZING THIS PROGRAM

DON'T HAVE A SERVICE DISRUPTION AS A -- AS A RESULT OF THIS BEING

IMPLEMENTED?

MS. WEINSTEIN: WELL, YOU KNOW, CLEARLY THERE

WILL BE CHANGES WITH SOME OF THE PARTS OF THE PROGRAM. I -- I THINK IT'S

IMPORTANT FOR -- FOR PEOPLE PERHAPS WHO AREN'T AS KNOWLEDGEABLE AS --

OTHERS WHO AREN'T AS KNOWLEDGEABLE ABOUT HOW THE SYSTEM WORKS

BECAUSE OF THE NUMBERS OF FISCAL INTERMEDIARIES, THE STATE IS SPENDING

15 PERCENT OF OUR -- OF THIS BUDGET ON ADMINISTRATIVE COSTS FOR ALL OF

THESE FISCAL INTERMEDIARIES. ONCE WE MOVE TO THE SINGLE STATEWIDE AND

THE REGIONAL INTERMEDIARY AND THE -- THAT SUBCONTRACT AND THE

INDEPENDENT LIVING CENTERS, THE ADMINISTRATIVE COSTS WILL GO DOWN TO

3 PERCENT. SO WE'RE NOT -- AND WE DO NOT -- IT'S NOT ANTICIPATED THAT

CONSUMERS WILL BE IMPACTED, ALL IT'S REALLY THE PAYROLL ASPECTS OF THIS

PROGRAM THAT WILL BE SHIFTING TO THE SINGLE FISCAL INTERMEDIARY.

MR. RA: OKAY. AND YOU SAID THAT THE SAVINGS THAT'S

ANTICIPATED IS ABOUT $200 MILLION?

MS. WEINSTEIN: YES.

MR. RA: OKAY. AND IS THAT MONEY BEING UTILIZED

ELSEWHERE FOR OTHER MEDICAID INVESTMENTS, OR IS IT A -- A SAVINGS ACTION

WITH REGARD TO, YOU KNOW, (INAUDIBLE) STAYING UNDER THE CAP?

MS. WEINSTEIN: IT'S I WOULD SAY A LITTLE BIT, A

NYS ASSEMBLY APRIL 19, 2024

COMBINATION OF BOTH, BUT IT ALLOWS US TO REMAIN UNDER THE CAP WITHOUT

HAVING TO CUT SERVICES TO THE RECIPIENTS. AND -- AND I WOULD JUST ADD

THAT, YOU KNOW, I SAID NO IMPACT ON CONSUMERS, SO IT IS ANTICIPATED THAT

THE PERSONAL ASSISTANT WOULD BE ABLE TO MAINTAIN THE SAME CONSUMER

AND WORK THE SAME NUMBER OF HOURS AS THEY ARE CURRENTLY WORKING

UNDER THE CURRENT PROGRAM.

MR. RA: THANK YOU, CHAIR WEINSTEIN.

ACTING SPEAKER MEEKS: MR. JENSEN.

MR. JENSEN: THANK YOU VERY MUCH, MR. SPEAKER.

WILL CHAIR WEINSTEIN YIELD FOR SOME QUESTIONS?

MS. WEINSTEIN: YES.

ACTING SPEAKER MEEKS: THE SPONSOR YIELDS.

MR. JENSEN: THANK YOU VERY MUCH, MADAM CHAIR.

I WANT TO PICK UP WHERE MR. RA LEFT OFF ON THE --

MS. WEINSTEIN: SURE.

MR. JENSEN: -- FEDERAL MONEY LAUNDERING SCHEME

WE'RE EMBRACING IN THIS BUDGET, THE MCO TAX. YOU MENTIONED THAT

THERE'S NO CONTINGENCY IN THE BUDGET FOR WHAT HAPPENS IF THE FEDERAL

WAIVER IS NOT GRANTED, CORRECT?

(PAUSE)

MS. WEINSTEIN: THERE WILL BE -- MANY OF THE

INVESTMENTS WE HAVE HERE, JUST IN GENERAL IN THE BUDGET ARE ONE-TIME

INVESTMENTS. SO IF THE WAIVER DOESN'T GO THROUGH, WE'LL BE, AS I SAID,

WE'RE USING ONLY A SMALL PORTION OF -- WE'RE USING ABOUT A QUARTER OF

WHAT WE ANTICIPATE WE'D GET IN, SO WE WOULD HAVE TO MAKE CHANGES

NYS ASSEMBLY APRIL 19, 2024

GOING FORWARD.

MR. JENSEN: SO -- AND I BELIEVE YOU SAID THAT WAS

$900 MILLION IS WHAT WE --

MS. WEINSTEIN: RIGHT, APPROXIMATELY.

MR. JENSEN: -- EXPECT TO USE FOR THE REMAINDER OF

THE FISCAL YEAR, STARTING WITH THE QUARTER THAT IT'S APPROVED. IS THAT

$900 MILLION BEING USED TO PAY FOR THE LUMP SUM MEDICAID RATE

INCREASES FOR HOSPITALS, NURSING HOMES, ASSISTED LIVING FACILITIES?

MS. WEINSTEIN: YES; YES, IT DOES.

MR. JENSEN: OKAY. SO THE REASON WHY I ASK ABOUT

A CONTINGENCY IS WE HAD THAT SAME IDEA OF A BELIEF OF FEDERAL APPROVAL

ON THE HEALTH CARE WORKER BONUS. AS WE KNOW, THAT WAS NOT APPROVED

-- THAT WAIVER WAS NOT APPROVED BY THE FEDERAL GOVERNMENT, AND NEW

YORK STATE HAD TO COME UP WITH THE FULL AMOUNT TO FULFILL OUR

OBLIGATIONS. SO MY UNDERSTANDING IS TYPICALLY WITH THESE TYPES OF

WAIVERS, MAYBE NOT WITH THIS ONE OR THE HEALTH CARE WORKER BONUS, BUT

THESE THINGS ARE USUALLY NEGOTIATED WELL AHEAD OF THEM BEING INCLUDED

IN BUDGET NEGOTIATIONS OR CONVERSATIONS TO ENSURE THAT WE ACTUALLY HAVE

THE MONEY. SO WOULD THE IDEA BE TO UTILIZE EXISTING RESERVES TO COVER

THAT MEDICAID RATE INCREASE RATHER THAN TAKE THAT AWAY FROM THE

PROVIDERS THAT WE'RE GRANTING IT TO TODAY?

MS. WEINSTEIN: LET ME JUST GO BACK TO --

MR. JENSEN: YUP.

MS. WEINSTEIN: -- YOU TALKED ABOUT THE OTHER

PROGRAM --

NYS ASSEMBLY APRIL 19, 2024

MR. JENSEN: YUP.

MS. WEINSTEIN: -- WHERE WE APPLY FOR A WAIVER.

THE DIFFERENCE IS THAT THIS IS SOMETHING THAT HAS BEEN GRANTED TO OTHER

STATES, WHAT -- THE MCO WAIVER THAT WE'RE ASKING FOR WHERE THE WORKER

WAIVER WAS UNIQUE.

MR. JENSEN: WELL --

MS. WEINSTEIN: SO --

MR. JENSEN: YEAH.

MS. WEINSTEIN: BUT TO GET TO THE MEAT OF -- OF

YOUR QUESTION, WHERE'S THE MONEY GONNA COME FROM, YES, AS I -- I

BELIEVE I SAID TO MR. RA, THAT WE'RE CONFIDENT THAT THE STATE HAS ENOUGH

FUNDING IN RESERVES TO BE ABLE TO MAKE SURE THAT WE DON'T HAVE TO MAKE

OTHER CUTS IN -- IN THIS BUDGET BEFORE WE GET TO NEXT YEAR.

MR. JENSEN: OKAY. SO WITH THE -- THE REVENUE

COMING FROM THIS -- THIS TAX AND THE MATCH WOULD GO TO THE HEALTH

CARE STABILITY FUND?

MS. WEINSTEIN: CORRECT.

MR. JENSEN: IS THE IDEA THAT -- YOU KNOW, AND

WE'RE DOING THIS OUTSIDE OF THE MEDICAID GLOBAL CAP, WOULD IT BE

RESTRICTED IN THIS FUND TO ONLY HEALTH CARE-RELATED USES FOR MEDICAID

RECIPIENTS, ORGANIZATIONS, OR COULD THE GOVERNOR, A FUTURE GOVERNOR, A

FUTURE LEGISLATURE SWEEP THAT FUND MONEY INTO THE GENERAL FUND TO

COVER OTHER EXPENDITURES?

MS. WEINSTEIN: IT COULD NOT BE SWEPT INTO THE

GENERAL FUND. IT HAS TO REMAIN FOR HEALTH CARE.

NYS ASSEMBLY APRIL 19, 2024

MR. JENSEN: SO HOW -- IT HAS TO REMAIN IN HMH OR

A --

MS. WEINSTEIN: YES.

MR. JENSEN: -- SUBSEQUENT APPROPRIATION. DOES IT

HAVE TO GO TO A MEDICAID PROVIDER?

(PAUSE)

MS. WEINSTEIN: I -- I WOULD SAY GENERALLY -- THE

ANSWER WOULD GENERALLY BE YES, THOUGH I GUESS IN THEORY, SOME

FUNDING COULD BE USED FOR CAPITAL FOR A NON-MEDICAID MEDICAL

PROVIDER.

MR. JENSEN: AND IS THAT POSSIBILITY THE REASON WHY

IT'S NOT INCLUDED IN THE CALCULATIONS OF THE GLOBAL CAP?

MS. WEINSTEIN: IT -- SO, IT -- IT'S NOT INCLUDED IN

THE GLOBAL CAP SO WE CAN MAINTAIN OUR VIBRANT HEALTH -- HEALTH CARE

SYSTEM.

MR. JENSEN: OKAY. WELL, CERTAINLY I WOULD HAVE

MORE COMMENTARY ON THAT BUT I'M RESTRICTED ON TIME.

I WANT TO PIVOT TO SUNY DOWNSTATE. I KNOW IN THE --

MS. WEINSTEIN: SURE.

MR. JENSEN: -- PREVIOUS CAPITAL APPROPRIATION THERE

WAS $300 MILLION IN REAPPROPRIATION FOR SUNY DOWNSTATE, AND IN THIS

BILL IT MAKES UP THE ORGANIZATION THAT'S GONNA OVERSEE THAT PROCESS ON

KEEPING SUNY DOWNSTATE OPEN. IS IT -- AM -- IS MY UNDERSTANDING

CORRECT THAT SEVEN OF THE NINE MEMBERS ARE AT THE DIRECTION OF THE

GOVERNOR, WITH ONLY ONE BY THE SPEAKER AND ONE BY THE SENATE

NYS ASSEMBLY APRIL 19, 2024

MAJORITY LEADER?

MS. WEINSTEIN: YES, BUT I WOULD JUST PUT A CAVEAT

ON THAT THEY'RE ON REC -- THERE ARE APPOINTMENT -- APPOINTMENTS BY THE

GOVERNOR, BUT THERE ARE RECOMMENDATIONS. FOR EXAMPLE, DOWNSTATE

SITS AT THE BORDER OF COMMUNITY BOARD 17 AND COMMUNITY BOARD 9,

THOSE COMMUNITY BOARDS WOULD RECOMMEND A REPRESENTATIVE TO SIT ON

THIS ADVISORY BOARD TO THE GOVERNOR, THE GOVERNOR WOULD OFFICIALLY

MAKE THE APPOINTMENT. SIMILARLY WITH LABOR UNIONS. THERE'S A LABOR

UNION APPOINTMENT THAT, YES, IT'S BY THE GOVERNOR, THE APPOINTMENT BY

THE GOVERNOR, BUT IT WOULD BE RECOMMENDED BY THE LABOR UNIONS. SO

WHILE THEY'RE GOVERNOR APPOINTMENTS, THEY -- THERE ARE RESTRICTIONS ON

WHAT COULD -- THE -- THE INDIVIDUALS THAT COULD BE APPOINTED.

MR. JENSEN: AND I -- AND I THINK THAT'S, WITH THE

COMMUNITY BOARDS AND THE -- AND THE TWO OF THEM, I THINK THAT'S

IMPORTANT. I THINK ORGANIZED LABOR THAT'S REPRESENTED BY THE WORKFORCE

THERE IS IMPORTANT. BUT I GUESS -- WHY WAS THE LEGISLATURE SO WILLING

TO GIVE UP SO MUCH OF THE APPOINTMENT AUTHORITY TO THE GOVERNOR, AND

WAS THERE CONSIDERATION IN ALLOWING THE MINORITY LEADER OF THE

ASSEMBLY AND THE SENATE TO ALSO HAVE APPOINTMENTS? BECAUSE WE

HAVE MEMBERS WHOSE COMMUNITIES ARE ALSO IMPACTED BY THE GOING ONS

AT SUNY DOWNSTATE.

MS. WEINSTEIN: WE -- YOU KNOW, WE FEEL THIS IS

THE APPROPRIATE STRUCTURE FOR THIS BOARD. AND WITH -- WITH THE

DOWNSTATE BORDERING ON MY DISTRICT OVER ALL THESE YEARS, I'M VERY

FAMILIAR WITH IT AND WITH THE SURROUNDING COMMUNITIES, AND THE

NYS ASSEMBLY APRIL 19, 2024

MEMBERS WHO REPRESENT THE SURROUNDING COMMUNITIES I BELIEVE WILL,

THROUGH THEIR COMMUNITY BOARDS AND THROUGH THE INTERACTIONS WITH

UNION LEADERS, MAKE SURE THAT THE COMMUNITY IS WELL REPRESENTED ON --

ON THIS ADVISORY BOARD. YOU KNOW, AGAIN, THE -- I -- I WOULD HOPE THAT

THE APPOINTMENT BY BOTH THE MAJORITY LEADER AND THE SPEAKER WOULD

ALSO BE REFLECTIVE OF RECOMMENDATIONS MADE BY THE -- THE MEMBERS IN

THE COMMUNITY WHO ARE SERVED BY DOWNSTATE.

MR. JENSEN: OKAY.

MOVING ON TO EMS PROVISIONS. I DID SEE THAT AN EMS

PACKAGE, ONE OF WHICH WOULD ENSURE IT IS DECLARED AN ESSENTIAL SERVICE,

WAS INTENTIONALLY OMITTED FROM THIS PIECE OF LEGISLATION. WHAT WAS THE

JUSTIFICATION FOR AN EMS INDUSTRY THAT'S IN CRISIS ACROSS THE STATE,

REMOVING MAKING IT AN ESSENTIAL SERVICE FOR COMMUNITIES THAT ARE

DESPERATELY IN NEED OF IT?

MS. WEINSTEIN: YOU KNOW, THIS IS SOMETHING THAT

WE BELIEVE THE COMMITTEE COULD LOOK OUT -- LOOK AT OUTSIDE OF THE

BUDGET. IT'S A COMPLEX ISSUE -- I KNOW I GOT IN TROUBLE ONLINE FOR

SAYING SOMETHING ELSE WAS A COMPLEX ISSUE, BUT THESE ARE -- IT'S -- IT'S

IMPORTANT, IT'S SOMETHING WE RECOGNIZE IS AN ISSUE. WE WOULD LIKE TO

HAVE THE COMMITTEE AND THE COMMITTEE MEMBERS' INPUT ON THIS.

MR. JENSEN: OKAY.

I AM GONNA MOVE TO --

MS. WEINSTEIN: AND AT SOME POINT I WOULD JUST

SAY THAT THE GOVERNOR AT SOME POINT, BECAUSE DISCUSSIONS WERE GOING

ON, IT WAS WITHDRAWN FROM THE TABLE BY THE EXECUTIVE BECAUSE WE

NYS ASSEMBLY APRIL 19, 2024

COULDN'T GET TO A QUICK RESOLUTION.

MR. JENSEN: SO, YOU SAID THE GOVERNOR -- OR THE

EXECUTIVE IS THE ONE WHO WITHDREW IT FROM THE NEGOTIATION. DIDN'T SHE

PROPOSE THIS INVESTMENT AND THIS ACT IN HER EXECUTIVE BUDGET?

MS. WEINSTEIN: YES. BUT WE COULDN'T GET TO

AGREEMENT ON HOW TO ACTUALLY IMPLEMENT IT.

MR. JENSEN: SO I JUST WANT TO BE CLEAR THAT THE

GOVERNOR WHO PROPOSED INVESTING IN EMS, DECLARING IT AN ESSENTIAL

SERVICE, IN NEGOTIATIONS SAID, NO, NO, NO, JUST KIDDING. I REALLY DON'T

WANT IT ANYMORE?

MS. WEINSTEIN: WE JUST --

MR. JENSEN: I'M PROBABLY PARAPHRASING WHAT HER

NEGOTIATING TEAM SAID, BUT...

MS. WEINSTEIN: RIGHT. I -- I -- IF EVERYTHING WERE

THAT EASY. I THINK IT WOULD JUST -- THE CONCERNS WERE RAISED AND REALIZED

THAT WE'D LIKE TO HAVE MORE OF THE INPUT OF THE COMMITTEE TO COME TO A

RESOLUTION.

MR. JENSEN: VERY INTERESTING PRIORITY SETTING BY

THE GOVERNOR IN THAT RESPECT.

IN THE SAME VEIN WITH EMS, I KNOW THAT THERE WAS A

3 ACROSS -- A 3 PERCENT ACROSS-THE-BOARD MEDICAID RATE INCREASE THAT

WAS CONTAINED IN THE ONE-HOUSE BUDGET, AND I BELIEVE WHEN ASKED,

EMS WAS GOING TO BE PART OF THAT. I'M GUESSING THAT THEY ARE NOT

GONNA BE GETTING ANY APPROPRIATION, BECAUSE I SEE THAT OTHER MEDICAID

INVESTMENT IS BEING MADE IN THIS BILL.

NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: UNFORTUNATELY, THAT WAS

PREDICATED ON THE MCO TAX COMING -- GETTING IN SOONER, US GETTING

THOSE DOLLARS SOONER. NOW THAT WE --

MR. JENSEN: IT SOUNDS LIKE WE'D HAVE A -- YOU

KNOW, WE'RE ONLY USING, IN THEORY, 900 MILLION OUT OF 4 BILLION. IT

SOUNDS LIKE THERE'S A LITTLE WIGGLE ROOM THAT WE COULD'VE SQUEEZED IN

SOME MORE INVESTMENT.

MS. WEINSTEIN: YOU KNOW, I THINK TIMING IS AN

ISSUE, AND BEING RESPONSIBLE, KNOWING THAT WE'RE NOT GOING TO GET THIS

MONEY IMMEDIATELY, THAT THERE WAS THE DESIRE TO JUST BE MORE

CONSERVATIVE IN SPENDING PROSPECTIVE MONEY.

MR. JENSEN: OKAY. WITH THE MEDICAID INCREASES,

TYPICALLY WE'VE SEEN MEDICAID RATE INCREASES AS PERCENTAGES. IN THIS

BUDGET BILL, WE'RE SEEING IT AS LUMP SUM NUMBERS. IS THAT BECAUSE OF

THE -- THE WAY WE'RE PAYING FOR IT? I THINK I ALREADY ASKED THAT

QUESTION, BUT I FEEL LIKE ASKING IT AGAIN.

MS. WEINSTEIN: SO, IT'S BECAUSE WE'RE GOING

THROUGH A DIRECTED PAYMENT TEMPLATE FOR THE HOSPITALS, AND THEN THE

NURSING HOMES ARE HAVING THE PER DIEM INCREASE, SO THAT'S THE -- THE

DIFFERENCE.

MR. JENSEN: SO WE ARE -- SO THERE IS GONNA BE --

THERE IS GONNA BE PER DIEM PERCENTAGES INCREASED. IS THAT IN A

SUBSEQUENT BUDGET APPROPRIATION OR IS THAT IN THIS BUDGET BILL?

MS. WEINSTEIN: IT -- IT'S NOT A PERCENTAGE, IT'S A

PER --

NYS ASSEMBLY APRIL 19, 2024

MR. JENSEN: PER HEAD, PER PERSON, PER DAY.

MS. WEINSTEIN: -- PER PERSON. SO IN A PLACE LIKE

NEW YORK, IT'S -- IT'S -- IT WILL BE ABOUT $12 PER BED, WHICH WILL, QUITE

FRANKLY, HAVE A -- A BETTER -- MORE OF AN IMPACT OUTSIDE OF THE CITY OF

NEW YORK.

MR. JENSEN: SO IS THE MEDICAID -- IS -- IS THE

400-AND -- I HAVE IT SOMEWHERE -- IS THE 285 MILLION THAT NURSING

HOMES ARE RECEIVING AS A MEDICAID INCREASE, IS THAT PAYING FOR THE PER

DIEM INCREASE OR IS THE PER DIEM INCREASE SEPARATE AND IN ADDITION TO --

MS. WEINSTEIN: NO, THAT -- THAT IS THE PER DIEM.

MR. JENSEN: THAT IS THE PER DIEM.

MS. WEINSTEIN: YES, THAT'S WHERE THE PER DIEM

INCREASE --

MR. JENSEN: SO THERE'S NO OTHER MEDICAID

INCREASES THAT ARE COMING TO NURSING HOMES IN THIS BUDGET?

MS. WEINSTEIN: WE -- WE ARE STILL WAITING,

THOUGH, FOR CMS TO APPROVE OUR 1 PERCENT INCREASE. SO IF THAT DOES GET

IMPROVED -- APPROVED, THERE WOULD BE THAT 1 PERCENT INCREASE.

MR. JENSEN: OKAY. AND THAT'S -- AND THAT'S BASED

ON THE CASE MIX METHODOLOGY, CORRECT? IS THAT WHAT YOU'RE REFERRING

TO?

MS. WEINSTEIN: THAT WOULD BE OUTSIDE, ON TOP OF

THAT.

MR. JENSEN: OKAY. DO WE -- BASED ON THE CASE

MIX METHODOLOGY, DO WE HAVE A TIME FRAME OF WHEN THE FREEZE ON THAT

NYS ASSEMBLY APRIL 19, 2024

WOULD BE LIFTED, OR IS IT ALL DEPENDENT BASED ON WHEN CMS PROVIDES --

MS. WEINSTEIN: I THINK WE'RE WAITING FOR -- FOR

CMS WHICH WE BELIEVE WILL BE JANUARY 1ST OF 2025.

MR. JENSEN: WE'RE GONNA HAVE A LOT OF

CONVERSATIONS WITH CMS OVER THE NEXT NINE MONTHS, THEN, AREN'T WE?

MS. WEINSTEIN: WELL, YES. I'LL ONLY -- I'LL ONLY

PARTICIPATE IN FOUR MONTHS OF THOSE.

(LAUGHTER)

MR. JENSEN: NURSING -- STAYING ON NURSING HOMES,

THE (INAUDIBLE) CUT WAS NOT RESTORED GOING FROM 100 MILLION TO 25

MILLION. WHAT WAS THE -- THE LOGIC IN SUSTAINING THAT CUT?

MS. WEINSTEIN: YOU KNOW, PROBABLY -- I GUESS

THE EASIEST ANSWER IS THE MONEY WASN'T GOING OUT ANYWAY, SO WE --

WE'RE STILL WAITING TO GET SOME OF THE -- THE DETAILS OF -- OF HOW THAT

WOULD GO OUT.

MR. JENSEN: OKAY. MY UNDERSTANDING IS THAT THERE

MAY OR NOT BE $500 MILLION FOR FINANCIALLY-DISTRESSED AND SAFETY NET

HOSPITALS. ARE WE GOING TO SEE THAT FUNDING IN A -- IN A LATER BUDGET

BILL?

MS. WEINSTEIN: YES.

MR. JENSEN: OKAY. THE GOVERNOR MADE

UNALLOCATED CUTS IN HER BUDGET PROPOSAL, OR PROPOSED UNALLOCATED

BUDGET CUTS. WERE THESE RESTORED --

MS. WEINSTEIN: YES; OH, YES.

MR. JENSEN: YES? OKAY.

NYS ASSEMBLY APRIL 19, 2024

MOVING ON TO THE MEDICAID CAPITAL CUT, IS THERE A

CONCERN THAT THE CUT OF THE CAPITAL FUND COULD HAVE A NEGATIVE

INCENTIVE FOR INVESTMENT BY HEALTH CARE FACILITIES, SPECIFICALLY HOSPITALS

AND NURSING HOMES, TO MAKE CAPITAL IMPROVEMENTS WHILE THEY DEAL

WITH THE CRISIS THAT A LOT OF THEM ARE IN BASED ON OVERCROWDING OF EDS

AND STAFFING CONCERNS, ESPECIALLY IN UPSTATE AND THE FINGER LAKES FOR

OUR NURSING HOMES?

MS. WEINSTEIN: SO, MY UNDERSTANDING THAT THE

APPLICATIONS FOR THE NURSING HOMES FOR TRANS -- TRANSFORMATION GRANTS

ARE ABOUT TO GO OUT, SO THEY'LL BE ABLE TO BE APPLYING FOR THAT -- FOR

FUNDING.

MR. JENSEN: OKAY. ARE WE GONNA SEE ANY OF THESE

-- I'M TAKING MY SECOND 15 MINUTE, YOU'RE NOT DONE WITH ME YET,

MADAM CHAIR.

MS. WEINSTEIN: OKAY, OKAY.

(LAUGHTER)

HAPPY -- HAPPY TO HAVE THE CONVERSATION

MR. JENSEN: YOU'RE TOO KIND.

WILL WE BE SEEING IN A LATER BUDGET BILL FUNDING FOR

EARLY INTERVENTION?

MS. WEINSTEIN: YES, WE WILL -- WE WILL BE SEEING

THAT. I'LL GIVE YOU A PREVIEW: THE 5 PERCENT FOR INPATIENT SER -- 5

PERCENT INCREASE INPATIENT SERVICES AND 4 PERCENT FOR OUTPATIENT

SERVICES.

MR. JENSEN: OKAY. SO THAT'S -- I KNOW IN THE -- I

NYS ASSEMBLY APRIL 19, 2024

THINK IN THE ONE-HOUSE IT WAS -- WE WERE ASKING FOR 7-AND-A-HALF, SO

THAT IS LESS. IS THAT THE GOVERNOR'S LINE IN THE SAND ON THAT? AND I CAN

SAVE THAT QUESTION FOR A LATER DATE, PROBABLY TODAY OR TOMORROW

DEPENDING ON WHEN TOMORROW BEGINS.

MS. WEINSTEIN: NO, NO; NOT TOMORROW. YOU

KNOW, AS -- AS I SAID BEFORE, OUR ONE-HOUSE IS SORT OF OUR WISH LIST OF

HOW WE SPEND -- HOW WE'D LIKE TO SPEND MONEY AND KNOWING THAT

WE'RE -- IT WOULD BE UNUSUAL IF ALL OF THAT CAME THROUGH.

MR. JENSEN: OKAY.

I WANT TO TRANSITION NOW TO THE CDPAP CHANGES. SO

MY UNDERSTANDING IS THAT A LOT OF THE CRUX FOR THESE CHANGES WAS BASED

ON WHAT THE GOVERNOR DEEMED AS EXPLOSIVE GROWTH IN THE PROGRAM.

YOU REFERENCED TO MR. RA THAT THE CHANGES THAT WE'RE DOING IN THIS

BUDGET BILL IS ONLY GONNA BE ABOUT $200 MILLION. IS -- I GUESS WHAT'S --

WHEN THE -- WHEN THE GOVERNOR'S SAYING IT'S A -- WE'VE SEEN EXPLOSIVE

GROWTH BUT WE'RE ONLY SAVING $200 MILLION OUT OF A $7-PLUS BILLION

PROGRAM --

MS. WEINSTEIN: WELL, LET ME JUST SAY THAT SINCE

THERE'S THIS RUNWAY OF WHEN THESE -- WHEN THE FISCAL INTERMEDIARY

REGIONAL -- FIRST WHEN THE FISCAL -- STATEWIDE FISCAL INTERMEDIARY IS -- IS

SELECTED THROUGH THE RFP PROCESS, AND THEN AS THEY SUBCONTRACT WITH

THE INDEPENDENT LIVING CENTERS AND THE REGIONAL INTERMEDIARIES, WE

KNOW THAT IT'S -- OBVIOUSLY, IT'S NOT TAKING PART -- PLACE TOMORROW, SO

THE 200 MILLION IS ANTICIPATED FOR THIS YEAR, WITH 500 MILLION GOING

FORWARD YEAR TO YEAR.

NYS ASSEMBLY APRIL 19, 2024

MR. JENSEN: OKAY. SO WITH A SAVINGS OF $500

MILLION IN THE LONG RUN ONCE IT'S FULLY IMPLEMENTED, I -- I GUESS WHEN

WE HAVE A $7.9 BILLION CDPAP PROGRAM AS IT STANDS TODAY, WITH I THINK

$1.6 BILLION OF THAT INCREASE IN THE PROGRAM HAS BEEN BECAUSE OF THE

MINIMUM WAGE, IS -- IS CHANGING THE ADMINISTRATIVE HURDLES, OR THE --

THE TOP FI REALLY GOING TO MAKE A SUBSTANTIAL CHANGE IN BRINGING DOWN

COSTS WHEN IT'S ONLY SAVING HALF A MILLION DOLLARS -- HALF A BILLION

DOLLARS A YEAR? IT SEEMS LIKE WE'RE -- WE'RE DOING A LOT OF CHANGES

THAT'S GONNA IMPACT A LOT OF INDIVIDUALS WITH COMPLEX MEDICAL NEEDS

FOR NOT A LOT OF SAVINGS.

MS. WEINSTEIN: WELL, YOU KNOW, AGAIN, LET ME --

LET ME JUST REITERATE WHAT -- WHERE WE ANTICIPATE THE SAVINGS COMING

FROM. AS I MENTIONED, WE'RE SPENDING 15 PERCENT ON -- WITH THESE

MULTIPLE HUNDREDS OF FIS, WE'RE SPENDING 15 PERCENT OF THE BUDGET FOR

ADMINISTRATION; 1.7 BILLION THAT WE'VE SPENT ON THAT. SO IN ORDER TO HELP

SAVE THE STATE MONEY AND TO MAKE SURE THE MEDICAID DOLLARS ARE GOING

TO THE RESIDENTS OF NEW YORK STATE, BY REDUCE -- BY REDUCING THE

NUMBERS OF FISCAL INTERMEDIARIES TO ONE, THEN FOR THE SUBCONTRACTS WE

REDUCE THE ADMINISTRATIVE COST OF THE PROGRAM BY -- DOWN TO 3 PERCENT.

AND I'M SURE EVERYBODY IN THIS CHAMBER WOULD AGREE THAT IF WE HAVE

WAYS TO SAVE MONEY, THAT THIS IS A VERY IMPORTANT WAY TO -- TO SAVE

MONEY.

MR. JENSEN: AND THAT'S -- AND I -- AND I CERTAINLY

BELIEVE THERE'S -- THERE'S ROOM TO -- TO MAKE THE CDPAP PROGRAM MORE

EFFICIENT AND EFFECTIVE. I -- I WOULD ARGUE THAT THE BEST WAY TO DO THAT

NYS ASSEMBLY APRIL 19, 2024

IS TO GO AFTER THE FRAUD AND ABUSE AND SMOKE IT OUT, BUT THAT DOESN'T

SEEM TO BE WHAT THIS IS DOING. THIS IS SAYING WE'RE GONNA HAVE 700

FIS, WE'RE GONNA TAKE THAT DOWN TO 16, WITH ONE -- ONE OF THOSE BEING

STATEWIDE, AND I THINK THERE LEAVES A LOT OF QUESTIONS.

MS. WEINSTEIN: WELL, YOU KNOW, PART OF THE

MOVEMENT TO A SINGLE STATEWIDE INTERMEDIARY WHICH, YOU KNOW, BY THE

WAY, IS WHAT EVERY OTHER STATE IN NEW -- IN THE UNITED STATES HAS, THAT

IT WILL, IN FACT, REDUCE ANY POTENTIAL FRAUD THAT IS -- IS CURRENTLY IN THE

SYSTEM. IT'LL REDUCE ADVERTISING COSTS, AND IT WILL PROVIDE -- AGAIN,

PROVIDE DOLLARS TO THE PEOPLE WHO NEED THE SERVICES BY HIRING THE STAFF

AND NOT DOLLARS TO THESE ORGANIZATIONS THAT ARE OUT THERE MARKETING TO

INDIVIDUALS.

MR. JENSEN: AND I -- AND I THINK THAT'S -- THAT'S --

AND I -- I WOULD AGREE 100 PERCENT WITH THAT BEING THE GOAL, BUT DON'T

WE ALREADY HAVE A MECHANISM THAT EITHER THE STATE ATTORNEY GENERAL,

THE OFFICE OF MEDICAID INSPECTOR GENERAL COULD GO AFTER FIS THAT ARE

CURRENTLY OPERATING USING DECEPTIVE PRACTICES THAT ARE VIOLATING

MEDICAID LAW, DOH REGULATIONS? AND -- AND I GUESS HOW MANY TIMES

HAVE WE GONE AFTER ANY OF THE BAD ACTORS FOR PERPETRATING FRAUD OR

ABUSE?

MS. WEINSTEIN: WELL, YOU KNOW, I -- I, YOU KNOW,

CLEARLY IT WILL BE A LOT EASIER TO OVERSEE THE -- THE ONE STATEWIDE FISCAL

INTERMEDIARY THAN HAVING TO POLICE 6- TO 700 OF -- OF THESE

INTERMEDIARIES. AND WE WILL SAVE ALL OF THE, YOU KNOW, THE FORUM

SHOPPING -- PLAN SHOPPING COSTS, THE ADVERTISING COSTS THAT, AS THE FISCAL

NYS ASSEMBLY APRIL 19, 2024

INTERMEDIARIES COMPETE WITH EACH OTHER TO BRING IN THE -- THE NEW

ENROLLEE.

MR. JENSEN: SO WILL THIS NEW STATEWIDE FI, THEY'LL

JUST BE HANDLING PAYROLL AND ADMINISTRATIVE DUTIES, CORRECT?

MS. WEINSTEIN: CORRECT, IT IS ONLY PAYROLL. WE

DON'T ANTICIPATE THAT INDIVIDUALS WHO NEED THE SERVICES, WHO ARE

APPROVED FOR THE SERVICES, WILL SEE ANY CHANGE ON -- ON THEIR END IN

TERMS OF THE WORKERS COMING -- WORKERS COMING TO THEM. AND, IN FACT,

WE'VE HEARD REPORTS THAT SOME OF THE WORKERS HAVE NOT BEEN RECEIVING

THE MINIMUM WAGE, SO WE THINK THAT THIS WILL ALSO HELP MANY OF THE --

THE WORKERS WHO ARE PARTICIPATING AND PROVIDING SERVICES IN THE

PROGRAM FINANCIALLY.

MR. JENSEN: SO WILL THE STATEWIDE FI BE A JOINT

EMPLOYER?

MS. WEINSTEIN: THAT WILL BE A RFP IN THE

CONTRACT.

MR. JENSEN: OKAY. SO I GUESS MY CONCERN,

AMONGST MANY WITH THIS PROPOSAL, IS THAT IF YOU'RE GOING TO HAVE HIRING

ALL OF THE PERSONAL ASSISTANTS FOR THE CD [SIC] PROGRAM THROUGH THE ONE

FI AND THEY'RE GONNA BE RESPONSIBLE FOR PAYING IT ALL, THAT WE COULD

INCUR HUGE, GINORMOUS DEBTS AND OBLIGATIONS, YOU KNOW, UP TO $2.2

BILLION JUST FOR THE HEALTH INSURANCE ALONE FOR THE NUMBER OF PERSONAL

ASSISTANTS THAT ARE CURRENTLY EMPLOYED THROUGH THE CDPAP PROGRAM.

SO IS THERE A CONCERN THAT WHILE WE'RE TRYING TO SAVE MONEY AND REDUCE

THE SCOPE, THAT WE MAY REDUCE THE SCOPE BUT ACTUALLY SEE THE COSTS

NYS ASSEMBLY APRIL 19, 2024

INCREASE?

MS. WEINSTEIN: WE DO NOT BELIEVE SO.

MR. JENSEN: OKAY. YOU REFERENCED THAT IT'S GONNA

BE ONE FISCAL INTERMEDIARY, 11 INDEPENDENT LIVING CENTERS, AND THEN

FOUR REGIONS. WHAT ARE THE FOUR REGIONS?

MS. WEINSTEIN: SO REGION 1, THE DOWNSTATE

REGION IS THE FIVE BOROUGHS OF NEW YORK CITY, NASSAU, SUFFOLK AND

WESTCHESTER; REGION 2, HUDSON VALLEY, DUTCHESS, ORANGE, PUTNAM,

ROCKLAND, SULLIVAN, ULSTER COUNTY; REGION 3 CONSIDERED UPSTATE

METRO, ALBANY, ERIE, MADISON, MONROE, MONTGOMERY, NIAGARA,

ONONDAGA, ORLEANS, RENSSELAER, SARATOGA, SCHENECTADY, WARREN,

WASHINGTON, WYOMING COUNTIES --

MR. JENSEN: THAT'S -- THAT'S ONE REGION?

MS. WEINSTEIN: YES, THAT'S REGION 3. AND THEN

REGION 4 IS THE REST OF THE STATE, BECAUSE I CAN'T PRONOUNCE -- NO, IT'S

THE REST OF THE STATE.

MR. JENSEN: YEAH, I MEAN, THAT'S... OKAY. AND SO

WILL FIS HAVE TO BID ON BEING ABLE TO SERVE AS AN FI IN EACH OF THOSE

REGIONS TO MAINTAIN THEIR ACCESS TO THE PROGRAM?

MS. WEINSTEIN: YES. AND I JUST WAS CLARIFYING,

SO THERE CAN BE MORE THAN ONE SUBCONTRACT FI IF THE SINGLE STATEWIDE FI

BELIEVES THAT THERE IS A NEED FOR ADDITIONAL -- FOR AN ADDITIONAL

SUBCONTRACTOR IN THAT AREA.

MR. JENSEN: SO I'M GONNA USE REGION 3 BECAUSE

THAT'S WHERE I LIVE. SO IN MONROE COUNTY, IF SOMEBODY WANTS TO BE AN

NYS ASSEMBLY APRIL 19, 2024

FI AND THEY GET A SUBCONTRACT TO PROVIDE FI SERVICES IN MONROE COUNTY,

WOULD THEY ALSO HAVE TO PROVIDE THEIR SERVICES FOR THE OTHER CORNUCOPIA

OF LOCATIONS IN THE STATE THAT YOU REFERENCED AS PART OF THAT REGION, OR

COULD THEY EXCLUSIVELY SERVE A GEOGRAPHIC AREA THAT'S CLOSE --

MS. WEINSTEIN: THAT -- THAT WOULD BE UP TO THE

SUBCONTRACTING -- THE SUBCONTRACT IN THAT -- IN THAT AREA.

MR. JENSEN: SO ARE THEY --

MS. WEINSTEIN: SOME OF IT MAY BE BASED ON, YOU

KNOW, ON THE NUMBER OF CLIENTS THAT NEED TO BE SERVED, THE PARTICULAR

CULTURAL OR LANGUAGE NEEDS OF THE INDIVIDUALS. SO -- BUT THE GOAL IS TO

HAVE THE ONE STATEWIDE, THE INDEPENDENT LIVING CENTERS IN THESE FOUR

REGIONS.

MR. JENSEN: SO WOULD -- IF YOU WANT TO

SUBCONTRACT IN ONE OF THE REGIONS, WOULD YOU HAVE TO APPLY TO THE

STATEWIDE FI OR DO YOU APPLY TO THE DOH?

MS. WEINSTEIN: ONCE -- ONCE DOH CONTRACTS WITH

THE STATEWIDE, THEN THE STATEWIDE FI WILL BE DOING THE CONTRACTS WITH

THE INDIVIDUAL REGIONAL CONTRACT.

MR. JENSEN: SO, WHAT'S THE MECHANISM FOR THE

OVERSIGHT OF STATEWIDE FI'S ACTIONS? DOES -- IS THERE -- ARE THEY --- WILL

THEY CONSTANTLY BE IN CONSULTATION WITH THE -- THE HEALTH

COMMISSIONER AND THEIR STAFF? IS IT FOR A TWO-YEAR PERIOD? IS THAT --

WOULD THAT BE SOMETHING IN THE CONTRACT OR THE RFP THAT GOES OUT TO

SELECT THAT STATEWIDE ENTITY?

MS. WEINSTEIN: WELL, I -- I WOULD ASSUME THAT THE

NYS ASSEMBLY APRIL 19, 2024

RFP WILL ALSO INDICATE THAT, AND THE CONTRACT WITH DOH WILL DELINEATE

SOME OF THAT INFORMATION. AND THEY WOULD BE CONSTANTLY BE UNDER --

CONTINUE TO BE UNDER THE OVERSIGHT OF DOH.

MR. JENSEN: IS THERE ANYTHING PREVENTING THE

STATEWIDE FISCAL INTERMEDIARY FROM HAVING A SUB -- SUBSIDIARY FI THAT IS

UNDER THE SAME CORPORATE OWNERSHIP TO SERVE AS A REGIONAL FI?

(PAUSE)

MS. WEINSTEIN: IF -- OBVIOUSLY, WE WOULD HAVE TO

SEE WHAT THE RFP FROM DOH LOOKS LIKE, BUT THEY WOULD -- WOULD NOT

BE DOING THE PAYROLL. THE PAYROLL STILL IS ONLY THE ONE --

MR. JENSEN: AND I -- AND I UNDERSTAND. BUT I

THINK IT'S A SEVERE CONFLICT OF INTEREST IF THERE'S NOT DIRECT LANGUAGE,

EITHER IN THIS AUTHORIZATION TO CREATE THESE CHANGES, OR DOH REGULATION

THAT FORBIDS A STATEWIDE FI FROM MONOPOLIZING THE CDPAP PROGRAM

THROUGH AN FI UNDER THE SAME CORPORATE OWNERSHIP. BECAUSE IF WE'RE

TALKING ABOUT FRAUD AND WASTE AND LACK OF EFFICIENCY AND EFFECTIVENESS,

THAT CERTAINLY SEEMS LIKE WE WOULD BE BLOWING EVERYTHING OUT OF THE

WATER.

MS. WEINSTEIN: I MEAN, CERTAINLY IT'S NOT OUR -- IT'S

NOT THE INTENTION TO HAVE A SINGLE FI BE STATEWIDE AND THEN ALSO BE --

BE A REGIONAL SUBCONTRACTOR. YOU KNOW, IT OBVIOUSLY DOESN'T CHANGE

THE ADMINISTRATIVE PAYROLL BECAUSE IT'S STATEWIDE. YOU KNOW, BUT

AGAIN, SOME OF THIS WILL BE DETERMINED IN THE RFP PUT OUT BY DOH.

MR. JENSEN: WAS THERE AN IMPACT STUDY THAT WAS

CONDUCTED BEFORE WE SAW THE LANGUAGE TODAY, EITHER AN ECONOMIC

NYS ASSEMBLY APRIL 19, 2024

IMPACT STUDY OR AN IMPACT STUDY ON THE DELIVERY OF SERVICES TO THE

DISABLED AND ELDERLY COMMUNITY THAT RECEIVES CDPAP SERVICES, AND

WHERE WOULD I BE ABLE TO SEE THAT IMPACT STUDY?

MS. WEINSTEIN: NO, BECAUSE, YOU KNOW, AS -- AS

WE'VE TALKED ABOUT, THE FIS ARE NOT THE DELIVERER OF SERVICES, THEY'RE THE

PAYROLL AGENT. SO THERE WAS NOT -- AND -- AND IT IS NOT ANTICIPATED THAT

THERE WILL BE AN IMPACT ON DELIVERY OF SERVICES.

MR. JENSEN: SO THERE -- IT'S YOUR BELIEF THAT THERE'S

GONNA BE NO IMPACT ON THE DELIVERY OF SERVICES, PERSONAL AIDE SERVICES

TO THE DISABLED OR THE ELDERLY BECAUSE OF THESE CHANGES?

MS. WEINSTEIN: YOU KNOW, THERE -- SO, AS I

MENTIONED, THIS ISN'T AN OVERNIGHT PROCESS. THE --

(BUZZER SOUNDS)

I'LL FINISH MY SENTENCE. THE DOH ANTICIPATES A

PHASED-IN TRANSITION TO ALLOW THE STATEWIDE FI TIME TO REFINE THE

PROCESS AS IT GOES FORWARD WITH REALTIME INFORMATION. SO WE THINK ANY

ISSUES WILL BE RESOLVED DURING THAT PERIOD OF TRANSITION.

MR. JENSEN: THANK YOU, MADAM CHAIR. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. MAHER.

MR. MAHER: THANK YOU, MR. SPEAKER. WOULD THE

CHAIR YIELD FOR SOME QUESTIONS?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

NYS ASSEMBLY APRIL 19, 2024

YIELDS.

MR. MAHER: THANK YOU. SO, FIRST I JUST WANTED TO

CLARIFY THE -- THIS IS GONNA BE ON THE HUMAN SERVICES COLA. THE

2.84 PERCENT, I JUST WANT TO CONFIRM THAT DOESN'T HAVE ANY SPECIFIC

LANGUAGE ATTACHED TO IT.

MS. WEINSTEIN: THERE IS LANGUAGE. IT ALLOCATES

FUNDING TO PROVIDE THE 2.84 COLA FOR THE FISCAL YEAR, AND REQUIRES THAT

AT LEAST 1.7 PERCENT OF SUCH FUNDING BE USED TO PROVIDE TARGETED SALARY

INCREASES FOR SUPPORT STAFF, AND THEN ALSO DIRECT CARE STAFF -- STAFF IN

OMH UNDER -- YOU KNOW, FOR PROGRAMS AND SERVICES RUN UNDER OMH

-- OMH, OASAS, OPWDD, OTDA AND OCFS AND SOFA.

MR. MAHER: SO THE 2.84 PERCENT DOESN'T HAVE THE

RESTRICTED LANGUAGE, BUT 1.7 PERCENT OF THAT 2.84 PERCENT? OR IS IT A

SEPARATE 1.7 ON TOP OF THE 2.8?

MS. WEINSTEIN: NO, IT'S 1.7 OF THAT 2.8.

MR. MAHER: OKAY. SO OUT OF THE 2.8 PERCENT, 1.7

PERCENT OF IT IS TARGETED TO NON-EXECUTIVE DSPS AND OTHER STAFF?

MS. WEINSTEIN: YES.

MR. MAHER: OKAY. AND THERE IS NO DIRECT WAGE

ENHANCEMENT? THAT WAS IN THE ONE-HOUSE BUDGET FOR THE SENATE.

MS. WEINSTEIN: NOT -- NOT A SEPARATE LINE ITEM,

BUT OBVIOUSLY THE 1.7 INCREASE IS A TARGETED WAGE ENHANCEMENT.

MR. MAHER: OKAY, SO THAT WAS GONNA BE MY NEXT

QUESTION. SO THAT 1.7 PERCENT WAS MEANT TO BE A DIRECT WAGE

ENHANCEMENT, AND THEN THE REMAINING 1 PERCENT WAS THAT COLA FOR

NYS ASSEMBLY APRIL 19, 2024

JUST ABOUT ANYTHING, INCLUDING FRINGE BENEFITS AND OTHER COSTS

ASSOCIATED TO THESE HUMAN SERVICES ORGANIZATIONS?

MS. WEINSTEIN: IT -- IT REALLY WILL DEPEND ON HOW

THE AGENCY WANTS TO SPEND THE FUNDING, BUT THAT -- THERE'S NOTHING TO

PROHIBIT THAT -- THE REMAINING AMOUNT FOR BEING A WAGE ENHANCEMENT

ALSO.

MR. MAHER: GOT IT. SO THE 1.7 PERCENT IS GONNA BE

TARGETED TO NON-EXECUTIVE PERSONNEL, DIRECT SERVICES PROFESSIONALS, AND

ABOUT ANOTHER 1 PERCENT OR SO IS GONNA BE FOR THOSE FRINGE BENEFITS AND

OTHER COSTS ASSOCIATED WITH INFLATION.

MS. WEINSTEIN: YES. AND I -- I WOULD -- I JUST

WANT TO ADD THAT IT'S -- IT'S ALSO SUPPORT STAFF THAT ARE INCLUDED; COOKS,

JANITORS, DRIVERS. IT'S NOT JUST THE DIRECT CARE SERVICE WORKERS.

MR. MAHER: OKAY. THANK YOU FOR THAT

CLARIFICATION.

SO, CAN YOU GIVE ME A TOTAL NUMBER ON WHAT THAT 2.84

PERCENT LOOKS LIKE IN TERMS OF WHAT WE ALLOCATED IN THE BUDGET?

MS. WEINSTEIN: TWO-HUNDRED-AND-FORTY-FIVE

MILLION.

MR. MAHER: AN ADDITIONAL 245 MILLION, OKAY. CAN

YOU CONFIRM WHAT THE LAST TWO-YEAR COLA INCREASES WERE FOR OUR

DSPS IN THE HUMAN SERVICE INDUSTRY?

MS. WEINSTEIN: SO LAST YEAR WAS 4.5 INCREASE, AND

THE YEAR BEFORE IT WAS 5.4 PERCENT INCREASE.

MR. MAHER: THANK YOU. AND IN THOSE SAME YEARS,

NYS ASSEMBLY APRIL 19, 2024

CAN YOU ALSO CONFIRM WHAT THE RATE OF INFLATION WAS?

MS. WEINSTEIN: I'M -- I'M SORRY, I WAS JUST GETTING

CLARIFICATION --

MR. MAHER: NO, NO WORRIES.

MS. WEINSTEIN: -- SO IF YOU COULD REPEAT THAT.

MR. MAHER: IN THOSE SAME TWO YEARS WHERE YOU

JUST NAMED THE -- THE COST-OF-LIVING INCREASE, CAN YOU ALSO JUST INFORM

US OF WHAT THE RATE OF INFLATION WAS IN THOSE TWO YEARS?

MS. WEINSTEIN: I -- I DON'T HAVE IT RIGHT IN FRONT OF

ME, BUT OBVIOUSLY THE INFLATION RATE HAS, THESE PAST TWO YEARS, BEEN

HIGHER THAN IN PRIOR YEARS.

MR. MAHER: I HAVE MY OWN NOTES, I JUST WANTED TO

CONFIRM AND -- AND SEE WHAT YOUR NUMBERS WERE, THANK YOU.

I -- I DO HAVE A SPECIFIC ASK, WHY NOT INCLUDE THE

INDEPENDENT LIVING CENTERS? I KNOW THAT THERE WAS SOME ADVOCACY

AROUND THOSE INDEPENDENT LIVING CENTERS AND THAT THOSE WORKERS WERE

NOT INCLUDED IN THE COLA. AND WAS THERE DISCUSSIONS LEADING TO THE

FINAL BUDGET, AND WHY WEREN'T THOSE INDEPENDENT LIVING CENTERS

INCLUDED IN THIS COLA?

MS. WEINSTEIN: DURING THE NEGOTIATION THEY WERE

NOT ABLE TO BE INCLUDED.

MR. MAHER: DO -- DO WE HAVE AN ABILITY TO

QUANTIFY THAT NUMBER? WAS IT A MONETARY ISSUE IS WHY THEY WERE NOT

INCLUDED?

MS. WEINSTEIN: YOU KNOW, MY UNDERSTANDING IS

NYS ASSEMBLY APRIL 19, 2024

IT HAD PROBABLY MORE TO DO WITH THE FACT THAT THEY DON'T PROVIDE THE

SAME KIND OF SERVICES THAT THESE OTHER PROGRAMS DO.

MR. MAHER: OKAY.

GOING TO ANOTHER TYPE OF INDUSTRY THAT -- THAT DOES,

YOU KNOW, IN MY OPINION, PROVIDE SIMILAR SERVICES; DOMESTIC VIOLENCE

PROFESSIONALS. THEY WERE ALSO NOT INCLUDED IN THIS COLA. IS THERE

ANY REASON WHY?

MS. WEINSTEIN: I -- I THINK IT'S -- IT'S MORE BECAUSE

TRADITIONALLY THEY HAVE NOT BEEN PART OF THESE -- THIS COLA, THOUGH WE

DO IN OTHER PLACES HELP WITH SOME DOMESTIC VIOLENCE FUNDING.

MR. MAHER: THERE WERE SOME BILLS THAT WERE OUT

THERE, SOME LANGUAGE THAT WAS LOOKING TO BE ADVOCATED IN THE BUDGET I

KNOW THAT WERE PART OF OUR DISCUSSIONS. AT WHAT POINT IN THE BUDGET

PROCESS WHEN YOU WERE FINALIZING THIS PARTICULAR BILL WERE THOSE

EXCLUDED, AND WHY?

MS. WEINSTEIN: UNFORTUNATELY, I CAN'T GIVE YOU

THE DETAILS. NOT BECAUSE I CAN'T SHARE THEM, BECAUSE I DON'T HAVE THEM

MR. MAHER: OKAY.

MS. WEINSTEIN: -- THE DETAILS THAT RESPOND TO YOUR

QUESTION.

MR. MAHER: OKAY. WHY WAS THE TYING OF THE

COLA NOT TIED TO THE CONSUMER PRICE INDEX? I KNOW THAT WAS

SOMETHING THAT WAS ALSO PART OF DISCUSSIONS AND THAT WAS LEFT OUT. IS

THERE A REASON WHY WE LEFT THAT LANGUAGE OUT, AS WELL? THAT WAY WE'RE

NYS ASSEMBLY APRIL 19, 2024

NOT HERE IN FUTURE YEARS HAVING THE SAME CONVERSATION.

MS. WEINSTEIN: WELL, ACTUALLY THE -- WE ACTUALLY

THINK THAT, COINCIDENTALLY, THIS YEAR IT'S HIGHER THAN THE CONSUMER PRICE

INDEX.

MR. MAHER: OKAY.

MS. WEINSTEIN: WHICH IS 2.7, SO...

MR. MAHER: THAT'S -- THAT'S THIS YEAR. I THINK THE

HISTORICALLY THE NUMBERS WOULD SUGGEST, ESPECIALLY WHEN YOU TAKE INTO

ACCOUNT MANY YEARS OF NOT HAVING THE COLA THAT WE HAVE A LONG WAYS

TO GO IN TERMS OF CATCHING UP TO THE RATE OF INFLATION IN TERMS OF THE

COST-OF-LIVING ADJUSTMENTS; WOULD YOU AGREE?

MS. WEINSTEIN: YOU KNOW, I THINK THE -- THE LAST

TWO YEARS HAVE BEEN OUT OF SYNC WITH -- NOT I THINK, I KNOW THAT THE LAST

TWO YEARS HAVE BEEN OUT OF SYNC WITH THE MORE HISTORICAL CONSUMER

PRICE INCREASES.

MR. MAHER: ALL RIGHT. THANK YOU VERY MUCH.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MAHER: OKAY. SO LET'S DIG INTO THIS A LITTLE BIT.

FOR OUR DIRECT SERVICE PROFESSIONALS, WE DID NOT DO A DIRECT WAGE

ENHANCEMENT. WE INSTEAD DID A 1.7 PERCENT TARGETED, AND I'VE BEEN

TRYING TO QUANTIFY ALL MORNING WHAT THAT REALLY MEANS IN RELATION TO

WHAT A $4,000 DIRECT WAGE ENHANCEMENT WOULD HAVE BEEN. AND DUE TO

OUR STAFF AND DUE TO TALKING TO SOME OF THE PROVIDERS MYSELF THAT WORK

IN OUR DISTRICT, IF YOU TAKE INTO ACCOUNT DIRECT SERVICE PROFESSIONALS'

NYS ASSEMBLY APRIL 19, 2024

AVERAGE WAGE, AND THIS ISN'T THE MANAGERS THAT ARE NON-EXECUTIVE

PERSONNEL, JUST THE DSPS THAT ARE BOOTS ON THE GROUND, DOING

EVERYTHING THEY CAN TO HELP OUR MOST MARGINALIZED, MOST AT-RISK NEW

YORKERS, THE AVERAGE WAGE IS $16.50. IF YOU TAKE INTO ACCOUNT A

40-HOUR WEEK, THAT'S 2,080 HOURS. IF YOU DO THE MATH, IT'S LESS THAN

$600 PER EMPLOYEE. THAT IS VERY, VERY MUCH NOT EVEN CLOSE TO THE

$4,000 DIRECT WAGE ENHANCEMENT. AND LET'S ALSO PUT INTO PERSPECTIVE

WHY THIS ASK WAS MADE. THERE'S BEEN SOME WORDS THAT HAVE BEEN

BROUGHT UP, IT'S CALLED KEEP UP -- CATCH UP AND KEEP UP, RIGHT? SO THE

REASON WHY THERE WAS A DIRECT WAGE ENHANCEMENT ON TOP OF THE COLA

INCREASE IS BECAUSE WE NEEDED BOTH, DUE TO THE FACT THAT THERE WERE NOT

ENOUGH COLAS OVER A LONG PERIOD OF TIME. IN FACT, WHAT WE FOUND IS

OVER THE LAST -- OVER A 16-YEAR PERIOD, THE TOTAL AMOUNT OF THE RATE OF

INFLATION WAS OVER 43 PERCENT, OKAY? OVER 43 PERCENT. AND OVER THE

FOUR COLAS THAT WERE PROVIDED, WHICH WAS 0.2 PERCENT, 1 PERCENT,

AND OVER THE LAST TWO-YEARS, 5.4 PERCENT AND 4 PERCENT, THAT TOTALS 10.6

PERCENT. SO RATE OF INFLATION OF OVER 43 PERCENT, AND A TOTAL

COST-OF-LIVING ADJUSTMENT OF 10.6 PERCENT FOR THE EMPLOYEES THAT ARE

DOING THE HARD WORK EVERY SINGLE DAY TAKING CARE OF PEOPLE THAT WE

LOVE, PEOPLE IN OUR COMMUNITIES THAT NEED THE MOST HELP.

WE HAVE FAILED THEM. WE HAVE FAILED THOSE DIRECT

SERVICE PROFESSIONALS IN THIS BUDGET. AND BY NOT TYING TO THE

CONSUMER PRICE INDEX MOVING FORWARD, WE'VE SET BACK THOSE

INDUSTRIES IN TERMS OF RECRUITMENT. BECAUSE WHO IS GOING TO JOIN AN

INDUSTRY, EVEN IF THEY LOVE AND HAVE PASSION FOR THAT WORK, IF THEY ARE

NYS ASSEMBLY APRIL 19, 2024

NOT CERTAIN ON WHAT THEIR SALARY IS GOING TO BE COMPARED TO OTHER JOBS

THAT ARE OUT THERE? AND THE THING THAT I LOVE THE MOST ABOUT BEING HERE

AND BEING IN THIS SEAT IS I LOOK AT ALL THE BILLS. IT DOESN'T MATTER IF

THEY'RE REPUBLICAN, IT DOESN'T MATTER THAT THEY'RE DEMOCRAT. AND THERE

WERE A LOT OF BILLS DEMOCRAT BILLS THAT I COSPONSORED, AS WELL AS

REPUBLICAN, THAT ADDRESSED THIS LANGUAGE AND THEY WERE LEFT OUT OF THIS

BUDGET BILL, TOO.

THIS ISSUE ISN'T PARTISAN. WE ALL CARE, I DO TRULY

BELIEVE THAT. BUT IN THIS BUDGET BILL, WE FELL VERY, VERY SHORT OF

SUPPORTING OUR DSPS THE WAY THAT WE NEEDED TO, AND I'M WILLING TO

WORK WITH ANYBODY, REGARDLESS OF PARTY, MOVING FORWARD IN THE YEARS

AHEAD TO TRY TO REALLY RIGHT THAT WRONG. WE CERTAINLY HAVE FAILED OUR

DSPS. WE NEED TO DO BETTER. I'M COMMITTED TO DOING BETTER, AND I

LOOK FORWARD TO SEEKING OUT PARTNERS IN THE FUTURE YEARS TO COME.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL CHAIR

WEINSTEIN YIELD?

MS. WEINSTEIN: YES, YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MS. WALSH: THANK YOU VERY MUCH, CHAIR. THESE

QUESTIONS HAVE TO DO WITH PART HH, THE CONSUMER DIRECTED PERSONAL

ASSISTANCE PROGRAM PORTION OF THE BUDGET, CDPAP, WHICH I KNOW

YOU'VE ALREADY -- ALREADY ANSWERED SOME QUESTIONS ABOUT. I HAVE -- I

NYS ASSEMBLY APRIL 19, 2024

HAVE A NUMBER -- A NUMBER MORE OF QUESTIONS.

MS. WEINSTEIN: OKAY.

MS. WALSH: FIRST OF ALL, AND YOU MIGHT HAVE SAID

THIS EARLIER, BUT HOW MANY FINANCIAL -- FISCAL INTERMEDIARIES ARE

CURRENTLY OPERATING IN NEW YORK STATE? I HAD HEARD 700, DOES THAT

SOUND ABOUT RIGHT, 500?

MS. WEINSTEIN: WE BELIEVE IT'S SOMEWHERE

BETWEEN 600, 700. WE DON'T HAVE THE ACTUAL NUMBER.

MS. WALSH: OKAY. AND WHAT -- WHAT SPECIFIC

DUTIES DO THEY PROVIDE? BECAUSE I SEE IN THE -- THE BUDGET LANGUAGE,

THERE'S A NUMBER OF THINGS THAT ARE LINED OUT AS THINGS THAT THEY MUST

DO. BUT I -- I HEARD YOU EARLIER SAY THAT THEY WERE -- THEY TOOK CARE OF

-- JUST TOOK CARE OF, LIKE, THE PAYROLL, BUT DON'T -- AREN'T -- DON'T THEY DO

A LOT MORE THAN THAT REALLY?

MS. WEINSTEIN: THEY -- THEY GET REIMBURSED FROM

MEDICAID BY DOING THE PAYROLL, SO THERE IS AN INCENTIVE TO -- FOR EACH OF

THESE MULTIPLE INTERMEDIARIES TO ENROLL CLIENTS IN THEIR PROGRAM, SO

THEY'RE ABLE TO HAVE MORE ADMINISTRATIVE COSTS. THE OTHER SERVICES THAT

THEY PROVIDE, THEY DON'T GET REIMBURSED FOR.

MS. WALSH: OKAY. SO AND -- AND UNDERSTANDING

THAT THE -- THE -- THE FIS ARE NOT PROVIDING THE ACTUAL -- PROVIDING FOR

THE PHYSICAL NEEDS OF THE CONSUMER, I -- I KNOW THAT THAT'S NOT

HAPPENING. BUT IN FACT -- WELL, I JUST KIND OF WANT TO ASK YOU ABOUT

WHAT YOU JUST SAID, BECAUSE YOU'RE NOT SUGGESTING THAT THE ADDITIONAL

THINGS THEY DO BEYOND PAYROLL ARE JUST SIMPLY SELF-SERVING. THEY'RE --

NYS ASSEMBLY APRIL 19, 2024

AREN'T THEY THERE TO SUPPORT THE CONSUMER IN OTHER WAYS? ARE -- ARE

YOU SUGGESTING THAT THEY'RE JUST DOING IT TO ENROLL MORE PEOPLE?

MS. WEINSTEIN: IN -- IN GENERAL, THEY'RE THERE TO --

TO CONNECT THE WORKERS THROUGH THE PAYROLL TO THE -- THE CLIENTS. BUT,

YOU KNOW, CLEARLY I'VE SEEN IN MY OWN COMMUNITIES PRETTY AGGRESSIVE

OUTREACH TO TRYING TO ENROLL INDIVIDUALS IN THESE PROGRAMS.

MS. WALSH: OKAY.

MS. WEINSTEIN: AND, YOU KNOW, THEY DO PROVIDE

INFORMATION TO THE CONSUMER THAT THE CONSUMER -- THE CLIENTS ARE --

EXPLAINING THE PROGRAM TO THE -- TO THE CLIENTS.

MS. WALSH: AND -- AND THAT'S NOT NOTHING, BECAUSE

I MEAN, I THINK -- I THINK IT'S FAIR TO SAY THAT DIRECTING YOUR OWN HOME

CARE IS DIFFICULT, I WOULD THINK. AND IF YOU CONSIDER THE WIDE RANGE OF

CONSUMERS AND THEIR WIDE RANGE OF ABILITIES AND DISABILITIES, THAT COULD

BE MORE -- MORE DIFFICULT FOR SOME THAN OTHERS. SO IT -- IT WOULD SEEM

TO ME THAT FIS -- LIKE, FOR EXAMPLE, FIS GIVE GUIDANCE TO CONSUMERS ON

HOW TO FIND AND RETAIN PERSONAL ASSISTANTS. THEY MANAGE PROGRAM

COMPLIANCE, ASSURING THAT PERSONAL ASSISTANTS ARE CDPAP ELIGIBLE, AND

THAT CONSUMERS ACT WITHIN CDPAP RULES SUCH AS ASSURING THAT PERSONAL

ASSISTANTS WORK ONLY WITHIN THEIR AUTHORIZED HOURS. MANY FISCAL

INTERMEDIARIES ARRANGE AND BEAR THE COST OF INITIAL AND ANNUAL PERSONAL

ASSISTANT'S HEALTH ASSESSMENTS. FISCAL INTERMEDIARIES HELP CONSUMERS

ONBOARD THEIR PERSONAL ASSISTANTS AND MAINTAIN THEIR CONTINUED CDPAP

ELIGIBILITY. THAT'S -- THAT'S A LOT MORE THAN PAYROLL.

I'LL MOVE ON. I JUST -- I -- I THINK THE POINT HAS -- I'VE

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NYS ASSEMBLY APRIL 19, 2024

-- I'VE TRIED TO MAKE THAT POINT, BUT I -- I THINK THAT UNDERSTANDING THAT

MAYBE 6- OR 700 IS TOO MANY FOR THE STATE, THERE IS A GRAVE CONCERN

THAT SHRINKING IT DOWN TO THE NUMBER THAT -- THAT THIS BILL DOES IS GOING

TO REALLY COMPROMISE THE PROGRAM. AND -- AND I KNOW THAT YOU HAD

SAID IN RESPONSE TO AN EARLIER QUESTION THAT ONE OF THE REASONS FOR THIS

LEGISLATION IS TO HELP CONTROL COSTS AND TO CREATE COST SAVINGS FOR THE

TAXPAYERS. AND, OH MY GOODNESS, I MEAN, IN A LOT OF WAYS, ISN'T THAT

MUSIC TO ALL OF OUR EARS? I MEAN, THAT'S SO REFRESHING. I -- I SUPPORT

THAT IDEA; HOWEVER, I THINK IT'S ALSO A BALANCING ACT BECAUSE WE -- WE

DON'T WANT TO COMPROMISE CARE. BECAUSE IF YOU'RE JUST LOOKING AT IT

EVEN FROM A PURELY FISCAL POINT OF VIEW, ISN'T NURSING HOME CARE ON --

ON AVERAGE MORE EXPENSIVE THAN HAVING AN INDIVIDUAL BE ABLE TO STAY

IN THEIR OWN HOME?

MS. WEINSTEIN: CERTAINLY. AND I -- YOU KNOW, I

WOULD SAY THAT PART OF THE CONFIDENCE THAT THIS SYSTEM CAN WORK COMES

FROM LOOKING AT WHAT'S GOING ON IN THE REST OF THE COUNTRY. AND AS I

MENTIONED EARLIER, EVERY OTHER STATE THAT HAS A PROGRAM HAS JUST THE ONE

STATEWIDE FISCAL INTERMEDIARY. SOME OF THE FACTORS THAT YOU

MENTIONED, ROLES THAT THE INTERMEDIARIES, THE FISCAL INTERMEDIARIES HAVE

NOW, THESE MULTIPLE INTERMEDIARIES, WILL BE TAKEN UP BY THE

SUBCONTRACTED INTERMEDIARY. AND WHILE -- AS -- AS I DID MENTION AS A

RESPONSE I THINK TO MR. JENSEN, WHILE THERE'S A REQUIREMENT THAT AT LEAST

ONE PER REGION ALONG WITH THE INDEPENDENT LIVING CENTERS, THERE CAN BE

MORE THAN ONE IF THERE -- IN A PARTICULAR REGION IF THERE'S MORE -- MORE

NEED FOR THAT. AND THE SYSTEM DOES ALLOW FOR IF THERE ARE INDIVIDUALS

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NYS ASSEMBLY APRIL 19, 2024

THAT NEED ASSISTANCE, FOR THAT KIND OF ASSISTANCE TO HAPPEN. IF THEY

NEED ASSISTANCE IN -- IN INTERACTING WITH THE FISCAL INTERMEDIARY, THAT

ASSISTANCE IS AVAILABLE.

MS. WALSH: AND AT WHOSE DISCRETION WILL THAT BE?

THE SUB-SUB, I GUESS, IS KIND OF WHAT WE'RE TALKING ABOUT, RIGHT? WILL

THAT BE AT THE -- THE -- THE REGIONAL INTERMEDIARIES, THE SUB'S -- THE SUB'S

DISCRETION, OR WILL THAT BE AT THE STATEWIDE FI'S DISCRETION?

MS. WEINSTEIN: WELL, SOME OF IT I BELIEVE WILL BE

IN THE DOH RFP, AND THEN THE CONTRACT. AND THE WHOLE, AS -- AS I'VE

MENTIONED, AS OPPOSED TO A DIFFERENT STATE THAT JUST SORT OF FLIPPED THE

NEXT DAY KIND OF, WE DO HAVE THIS -- THIS TIMELINE WHERE THE DOH WILL

BE STAGGERING THE TRANSITION BY REGION BEGINNING FIRST IN 2025 WITH THE

HOPE THAT THE STATEWIDE FI WILL BE IN PLACE BEFORE THAT AND BE ABLE --

BE CHOSEN BEFORE THAT AND THEY'LL BE ABLE TO DEVELOP A POLICY AND GET

SOME INDIVIDUAL REALTIME EXPERIENCE, SOME STAKE -- STAKEHOLDER

FEEDBACK. AND WE ANTICIPATE THAT IT WOULD TAKE A YEAR BEFORE EVERY --

BEFORE THERE'S A TOTAL TRANSITION TO THIS ONE STATEWIDE AND

SUBCONTRACTORS. SO THERE WILL BE A CONTINUING ROLE DURING THIS

TRANSITION PERIOD FOR THE -- FOR SOME -- FOR A NUMBER OF THESE -- FOR ALL

OF THE FIS, IF THEY CHOOSE TO, TO STAY IN EXISTENCE, KNOWING THAT THEY

WILL EVENTUALLY BE PHASED OUT.

MS. WALSH: YEAH. SO LET ME ASK YOU, YOU

MENTIONED OTHER STATES. WHAT OTHER STATES WERE LOOKED AT WHEN

DEVELOPING THIS PROPOSAL?

MS. WEINSTEIN: CALIFORNIA, MASSACHUSETTS AND

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NYS ASSEMBLY APRIL 19, 2024

NEW JERSEY IN PARTICULAR.

MS. WALSH: OKAY, BECAUSE MY RESEARCH WAS THAT

WHEN THIS TRANSITION WAS DONE IN PENNSYLVANIA IT WAS DISASTROUS.

THERE WERE OVER 20,000 CONSUMERS WHO WERE LEFT A VOID OF ESSENTIAL

SERVICES AS THEIR CAREGIVERS WENT UNPAID. SO I IMAGINE WE WOULDN'T

WANT TO MODEL AFTER PENNSYLVANIA.

MS. WEINSTEIN: SO THE PROBLEM WITH

PENNSYLVANIA, I KNOW IT'S CITED A NUMBER OF TIMES AS A PLACE THERE WAS

A PROBLEM, IS THEY HAD THREE AND THEY DIDN'T -- AND THEY JUST WENT

AUTOMATIC, THEY JUST, LIKE, OVERNIGHT WENT TO ONE WITHOUT THE

STAGGERING.

MS. WALSH: THEY IMPLEMENTED TOO QUICKLY.

MS. WEINSTEIN: WE LEARNED FROM THAT -- FROM THAT

EXPERIENCE, AND THAT'S PART OF WHY THERE IS THIS ONE-YEAR STAGGERING

BEFORE THE COMPLETE TRANSITION. SO WE DO NOT ANTICIPATE THE SAME KIND

OF PROBLEMS THEY HAD IN PENNSYLVANIA WHERE IT WAS JUST AN OVERNIGHT

SWITCHING FROM THE THREE TO ONE.

MS. WALSH: YEAH. IS THERE A FEELING THAT ONE YEAR

IS GOING TO BE SUFFICIENT? I MEAN, IF YOU CONSIDER, YOU KNOW, SOME

RECENT EXAMPLES WE'VE HAD HERE WITH, I DON'T KNOW, CANNABIS ROLL OUT,

YOU KNOW, FILL IN THE BLANK, THINGS DON'T HAPPEN QUITE AS SMOOTHLY AS

WE WOULD LIKE THEM TO. AND SOMETIMES EVEN WHEN WE CONSOLIDATE

AUTHORITY IN ONE ORGANIZATION, YOU WOULD THINK THAT IT WOULD BRING

EFFICIENCY AND MORE TIMELINESS, BUT THAT'S NOT ALWAYS THE CASE.

MS. WEINSTEIN: WELL, SO I HAVE TWO RESPONSES.

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NYS ASSEMBLY APRIL 19, 2024

MS. WALSH: GOOD, OKAY.

MS. WEINSTEIN: OKAY. ONE IS IT'S NOT A

GOVERNMENT AGENCY.

MS. WALSH: YEAH.

MS. WEINSTEIN: NUMBER TWO -- BUT THE MORE

SERIOUS RESPONSE IS THAT WE ARE -- THE -- THE RFP REQUIREMENT WILL BE A

STATE -- AN ORGANIZATION THAT ALREADY ADMINISTERS A STATEWIDE FI

PROGRAM SO THAT IT IS NOT STARTING FROM SCRATCH. IT'S AN ORGANIZATION THAT

ALREADY IS ADMINISTRATING A PROGRAM OF A SINGLE FI IN ANOTHER STATE IN

THE COUNTRY.

MS. WALSH: SO BY ITS VERY NATURE, THE WAY THAT THIS

IS STRUCTURED IS THIS IS GOING TO BE LOOKING OUTSIDE OF OUR STATE FOR A

SINGLE FI TO ADMINISTER FOR OUR STATE. WE'RE NOT DOING THIS IN-HOUSE, IN

OTHER WORDS.

MS. WEINSTEIN: WE'RE LOOKING FOR -- FOR AN

ORGANIZATION THAT ALREADY IS ADMINISTERING A PROGRAM THAT WE DESIRE TO

HAVE HERE IN NEW YORK, YES.

MS. WALSH: IN ANOTHER STATE, OKAY. WILL THE

STATEWIDE FISCAL INTERMEDIARY -- WHAT'S THE EXPECTED TIMELINE FOR THE

STATEWIDE FISCAL INTERMEDIARY TO BE ABLE TO ONBOARD A PERSONAL

ASSISTANCE AFTER THEY'VE BEEN IDENTIFIED BY A CONSUMER?

(PAUSE)

ARE THERE METRICS FOR THAT?

MS. WEINSTEIN: WELL, WE -- YOU KNOW, WE DON'T

ANTICIPATE THAT THERE WILL BE ANY LOSSES OF THE PERSONAL ASSISTANTS FOR THE

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NYS ASSEMBLY APRIL 19, 2024

-- THE CLIENTS. SO, YOU KNOW, AGAIN, IT'S THE -- WHAT IS HAPPENING IS THE

TRANSITION OF WHO'S ADMINISTERING THE PAYROLL, YOU KNOW, AND AGAIN,

THAT LONGER PERIOD OF TIME TO TRANSITION TO THE SINGLE FI.

MS. WALSH: THANK YOU VERY MUCH, CHAIR.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL.

MS. WALSH: I HAD SO MANY MORE QUESTIONS, BUT I

SEE THAT MY TIME IS -- IS RUNNING SHORT, SO I WANTED TO JUST SIMPLY STATE

MY CONCERN FOR THIS SPECIFIC PIECE OF THIS BUDGET PROPOSAL. YOU KNOW,

THE PRESIDENT OF THE HOME CARE ASSOCIATION SAID THE CDPAP

PROPOSALS THAT HAVE BEEN ADVANCED, INCLUDING THE SINGLE STATEWIDE

FISCAL INTERMEDIARY, DEFY THE REALITIES OF PATIENT NEED AND PATIENT CARE

NOT ONLY IN THE CDPAP PROGRAM, BUT THE CRISIS IN ACCESS AND CARE

ACROSS THE ENTIRE HEALTH CARE SYSTEM. AND, YOU KNOW, AS I SAID BEFORE,

WE -- WE -- OF COURSE WE WANT TO HAVE, IF WE CAN, GREATER EFFICIENCIES

AND SAVE MONEY WHERE WE CAN AS A STATE. I JUST HATE THE IDEA THAT WE'RE

DOING IT ON THE BACKS, POTENTIALLY, OF THE MOST VULNERABLE PEOPLE IN OUR

STATE. THAT'S -- THAT'S NOT HOW WE SHOULD HAVE DONE THIS. MY GOD, WE

-- HOW MANY THINGS DO WE STUDY AS A LEGISLATURE? WE COULDN'T HAVE

STUDIED THIS FIRST? YOU KNOW, WE -- WE STUDY EVERYTHING TO DEATH. I --

I THINK THAT THIS SHOULD HAVE BEEN SOMETHING THAT COULD HAVE BEEN

DONE MORE SLOWLY. AND I -- AND I THINK THAT THE CONCEPT OF PERHAPS

STREAMLINING SO WE DON'T HAVE 6- OR 700 MIGHT BE -- MIGHT HAVE BEEN A

GREAT IDEA, BUT WHAT I'M CONCERNED ABOUT IS, YOU KNOW, WHAT RECOURSE

WILL CONSUMERS HAVE WHEN A -- WHEN THEY FAIL TO PERFORM ADEQUATELY,

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NYS ASSEMBLY APRIL 19, 2024

WHEN THE FI PERFORMS INADEQUATELY? WHAT -- WHAT'S THEIR RECOURSE

GONNA BE TO MONITOR THE PERFORMANCE OF THE SINGLE STATEWIDE FI? YOU

KNOW, HOW DOES THE DEPARTMENT OF HEALTH PLAN TO ADDRESS ANY

POTENTIAL REDUCTION IN SERVICE QUALITY? BECAUSE IT'S NOT JUST -- IT'S NOT

JUST ABOUT MONEY, IT IS ABOUT ALSO THE QUALITY AND CONTINUITY OF CARE

AND ACCESS TO CARE THAT'S IMPORTANT. AND IF WE WANT TO PUT A DOLLAR

SIGN ON IT, CONSIDER THIS: AS I MENTIONED, IF -- IF WE CAN'T KEEP

CONSUMERS DIRECTING THEIR OWN CARE AT HOME AND HAVING SOME

AUTONOMY TO DO SO, THOSE CONSUMERS ARE GOING TO BE FORCED, IN SOME

INSTANCES, TO ENTER NURSING HOMES. THOSE NURSING HOMES THAT HAVE

LONG WAITING LISTS, THAT DON'T HAVE ADEQUATE STAFF. THAT -- THAT -- THEY'RE

GONNA BE FORCED TO POTENTIALLY HAVE GREATER HOSPITAL STAYS, OR THEY'RE

JUST SIMPLY GONNA BE HOME NOT RECEIVING THE CARE THAT THEY NEED.

SO I THINK THAT THIS IS SOMETHING THAT SHOULD HAVE

BEEN -- SHOULD HAVE BEEN STUDIED MORE CAREFULLY, REALLY LOOK AT OTHER

STATES AND TRY TO PULL THE BEST AND THE WORST EXAMPLES FROM THOSE STATES

AND TRY TO AVOID THEM. I'M AFRAID THAT THIS -- THERE'S NO WAY THAT THIS

COULD BE PROPERLY IMPLEMENTED WITHIN THE -- THE ONE-YEAR TIME FRAME

THAT'S BEEN LAID OUT. AND I DO HOPE THAT AS WE MOVE FORWARD WE CAN --

WE CAN MAKE SOME ADJUSTMENTS IN THIS BECAUSE I -- I REALLY -- I'M VERY

-- QUITE CONCERNED, QUITE CONCERNED ABOUT IT, AND FOR THAT REASON,

UNFORTUNATELY, IT -- IT BECOMES A POISON PILL, REALLY, FOR THE REMAINDER

OF THIS BILL FOR ME, ANYWAY.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

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NYS ASSEMBLY APRIL 19, 2024

MS. GIGLIO.

MS. GIGLIO: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MS. GIGLIO: OKAY. SO, THE CONTRACT IS NOT -- AM I

CORRECT IN SAYING THAT THE CONTRACT IS NOT SUBJECT TO THE REQUIREMENTS OF

ACCOUNTING APPROVAL OF CONTRACTS WITH THE STATE COMPTROLLER TO HIRE

AND GO INTO CONTRACT WITH THE STATE FISCAL INTERMEDIARY?

MS. WEINSTEIN: YES, THAT -- THAT IS CORRECT

BECAUSE WE'RE LOOKING TO DO THIS IN AN EXPEDITED MANNER.

MS. GIGLIO: OKAY. SO WE'RE GOING TO EXPEDITE,

LIKE, THIS MEDICAID PROGRAM THAT PROVIDES SO MANY SERVICES TO SO MANY

PEOPLE IN THE STATE OF NEW YORK AND WE'RE GONNA EXPEDITE AND PUT A

STATE FISCAL INTERMEDIARY THAT -- AM I CORRECT IN SAYING ONE OF THE

QUALIFICATIONS IS THAT THEY HAVE TO PROVIDE SERVICES AS A FISCAL

INTERMEDIARY ON A STATEWIDE BASIS WITH AT LEAST ONE OTHER STATE; AM I

CORRECT IN SAYING THAT?

MS. WEINSTEIN: YES.

MS. GIGLIO: OKAY. AND YOU MENTIONED FOUR OTHER

STATES.

MS. WEINSTEIN: YES, THERE ARE AT LEAST FOUR THAT

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WE'VE LOOKED AT. THERE ARE OTHER STATES THAT HAVE A --

MS. GIGLIO: OKAY, SO THE STATE IS GOING TO BE --

MS. WEINSTEIN: I JUST MEANT, YOU KNOW, AS FAR AS

WE'RE AWARE, MOST STATES HAVE JUST THE SINGLE STATEWIDE INTERMEDIARY.

MS. GIGLIO: SO THEY DON'T HAVE INDIVIDUAL FISCAL

INTERMEDIARIES THROUGHOUT THE REGIONS AS WE HAVE PLANNED?

MS. WEINSTEIN: CORRECT, CORRECT.

MS. GIGLIO: REALLY? IS THAT -- IS THAT CORRECT?

MS. WEINSTEIN: YES, YES.

MS. GIGLIO: SO ONE STATE FISCAL INTERMEDIARY RUNS

THE WHOLE STATE OF ALL THE PEOPLE THAT HAVE HOME CARE FOR PERSONAL

ASSISTANCE IN THE STATE OF CALIFORNIA, STATE OF MASSACHUSETTS, STATE OF

NEW JERSEY. THERE AREN'T ANY --

MS. WEINSTEIN: YES.

MS. GIGLIO: -- INDIVIDUAL FISCAL INTERMEDIARIES IN

REGIONS AS WE HAVE IN THIS PLAN?

MS. WEINSTEIN: CORRECT.

MS. GIGLIO: SO WHAT DO THEY HAVE?

MS. WEINSTEIN: WELL, I MEAN, IN -- IN -- FOR

EXAMPLE, IN CALIFORNIA THEY'VE HAD A SINGLE STATEWIDE INTERMEDIARY

SINCE 1978.

MS. GIGLIO: SO THEY DON'T HAVE ANYBODY ELSE

HELPING THEM IN ANY OF THE REGIONS? THEY HANDLE IT ALL, ALL THE PAYROLL

FOR ALL --

MS. WEINSTEIN: WELL, I THINK -- I'M SORRY, I DIDN'T

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MEAN TO INTERRUPT.

MS. GIGLIO: IT'S OKAY. I'M JUST SAYING, SO THEY DON'T

HAVE ANY, YOU KNOW, REGIONS LIKE WE'VE SET UP.

MS. WEINSTEIN: YES, YES. I MEAN, THAT'S -- THAT'S

WHAT I WAS ABOUT TO SAY. WHILE THERE'S THE SINGLE STATEWIDE

INTERMEDIARY THAT HAS THE -- THE FISCAL RESPONSIBILITY, THERE ARE AT TIMES

SUBCONTRACTED INTERMEDIARIES FOR DIFFERENT REGIONS. BUT THE

RESPONSIBILITY FOR THE ADMINISTRATION OF THE PROGRAM, THE PAYROLL OF THE

PROGRAM, GOES THROUGH THE SINGLE INTERMEDIARY.

MS. GIGLIO: AND THOSE CONTRACTS ARE NOT SUBJECT TO

THE REQUIREMENTS OF ACCOUNTING APPROVAL OF CONTRACTS WITH THE STATE

COMPTROLLER? SO IT'S JUST AN RFP AND YOU CAN JUST PICK SOMEONE --

WELL ACTUALLY, THERE WILL PROBABLY ONLY BE FOUR THAT WE WOULD BE

LOOKING AT.

MS. WEINSTEIN: WELL, THERE STILL WOULD BE A -- A --

A REQUEST FOR PROPOSALS THAT WOULD GO OUT, THE RFP WOULD -- OR THE --

THE NUMBER ONE, THE STATEWIDE INTERMEDIARY, AND IT WOULD BE

ANTICIPATED THAT THEY WOULD THEN HAVE RFPS FOR THE SUBCONTRACTORS

OTHER THAN FOR THOSE INDEPENDENT LIVING CENTERS WHERE WE MANDATE THAT

THEY SUBCONTRACT FOR THOSE, AS WELL AS AT LEAST ONE OTHER FI ENTITY PER

REGION.

MS. GIGLIO: SO IN THOSE OTHER STATES, DO WE HAVE

ANY IDEA AS TO HOW MANY SUBCONTRACTORS THEY HAVE UNDER THE STATE

FISCAL INTERMEDIARY?

MS. WEINSTEIN: I -- I WOULD JUST SAY THAT I'M

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INFORMED THAT MOST OF THESE OTHER STATES DON'T HAVE ANY SUBCONTRACTORS.

MS. GIGLIO: WOW. THAT'S AMAZING. SO WE'RE

GOING TO PICK ONE STATE FISCAL INTERMEDIARY THAT'S GOING TO BE

RESPONSIBLE FOR ALL THE PEOPLE THAT GET HOME CARE IN THE STATE OF NEW

YORK AND ANOTHER STATE, POSSIBLY TWO OTHER STATES, POSSIBLY THREE OTHER

STATES, AND EXPECT THAT THE STANDARD OF CARE IS GOING TO REMAIN THE

SAME.

MS. WEINSTEIN: WELL, THE -- YOU KNOW, AGAIN, I

GUESS IT'S THE DIFFERENCE BETWEEN THE -- WHAT THE STATEWIDE -- WHAT THE

INTERMEDIARY DOES IS PROVIDE -- MANAGE THE PAYROLL. THEY DON'T

PROVIDE CARE.

MS. GIGLIO: SO WE'RE GONNA HAVE A STATEWIDE

FISCAL INTERMEDIARY THAT HAS TO HAVE, IN ORDER TO QUALIFY, SERVICES AS A

FISCAL INTERMEDIARY IN ANOTHER STATE. THAT'S ONE OF THE QUALIFICATIONS.

SO THEY'LL BE MANAGING TWO STATES OR THREE STATES OR FOUR STATES, THE

PAYROLL FOR EVERYONE.

MS. WEINSTEIN: WELL, YOU KNOW, I ASSUME THEY'LL

HAVE MORE THAN ONE PERSON MANAGING AS THEIR EMPLOYEE SO THAT --

OBVIOUSLY, WE SEE LOTS OF ORGANIZATIONS, CORPORATIONS THAT HAVE

MULTIPLE LOCATIONS EVEN THOUGH THEY ARE A SINGLE ORGANIZATION. SO, YOU

KNOW, I THINK WE'RE CONFIDENT THAT THEY WILL BE ABLE TO FIND QUALIFIED

EMPLOYEES TO MANAGE THE PROGRAM HERE IN NEW YORK, BUILDING UPON

THE KNOWLEDGE THAT THEY'VE DEVELOPED IN MANAGING OTHER STATES'

PROGRAMS.

MS. GIGLIO: AND WOULD YOU CALL THAT A

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SUBCONTRACTOR, ESSENTIALLY, OR JUST SOMEONE THAT'S ON THE STATE PAYROLL?

BECAUSE IT SEEMS LIKE THAT'S WHAT OUR SUBCONTRACTORS ARE DOING NOW,

NO?

MS. WEINSTEIN: IT WOULD BE A NON-PROFIT -- IT -- IT

WOULD BE AN ORGANIZATION, NOT A -- NOT A STATE AGENCY, RIGHT? IT WOULD

BE AN ORGANIZATION THAT WOULD BE CONTRACTED TO BE THE STATEWIDE

ORGANIZATION, AND THEN THEY WOULD HAVE THE ABILITY TO DO THE -- THE

SUBCONTRACTS. YOU KNOW, AGAIN, THE SAVINGS COME FROM ALL THIS

MULTIPLE ADMINISTRATIVE COSTS BY THESE LARGE -- BY THE LARGE NUMBER OF

INTERMEDIARIES. SO I WOULD THINK WE ALL WOULD AGREE THAT BEING ABLE TO

-- TO HAVE ADMINISTRATIVE COSTS OF A PROGRAM ONLY BE 3 PERCENT INSTEAD

OF ADMINISTRATIVE COSTS BEING 15 PERCENT, THAT SAVING STATE TAX DOLLARS

IS SOMETHING IMPORTANT. AND, AGAIN, THAT ONE-YEAR TRANSITION PERIOD IS

TO MAKE SURE THAT AREN'T ANY LOSS OF SERVICES THAT YOU MENTIONED.

MS. GIGLIO: SO HAS -- THANK YOU. HAS AN AUDIT

BEEN DONE FOR THE CURRENT SUBCONTRACTORS THAT WE HAVE? HAS AN AUDIT

BEEN DONE OF THE 700, 600, 700 FISCAL INTERMEDIARIES THAT WE HAVE NOW

TO DETERMINE THAT THERE IS PROBLEMS WITH THE CURRENT PAYROLL?

MS. WEINSTEIN: IT -- PART OF THE REASON WE DON'T --

IN TERMS OF THE AUDIT, WE DON'T CONTRACT WITH THEM, SO THAT'S PART OF THE

REASON WHY WE DON'T EVEN -- WE DON'T HAVE A HANDLE ON WHAT THE COSTS

ARE AND WHY THE PROGRAM HAS EXPANDED SO MUCH.

MS. GIGLIO: SO WE DON'T CONTRACT WITH FISCAL

INTERMEDIARIES THAT EXIST THROUGHOUT THE STATE. WILL THEY JUST TELL US,

THIS IS HOW MUCH MONEY WE HAVE IN PAYROLL AND WE JUST PAY THEM?

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MS. WEINSTEIN: THEY -- THEY CONTRACT WITH THE

PLANS, WITH THE MLTCS. SO THEY DON'T -- THERE'S -- THERE'S NO DIRECT

OBLIGATION TO THE STATE BETWEEN THE -- THE VERY MULTIPLE FISCAL

INTERMEDIARIES AND -- AND NEW YORK STATE.

MS. GIGLIO: WELL, COULDN'T WE JUST REQUIRE THAT THE

600 AND 7- FISCAL INTERMEDIARIES CONTRACT WITH THE STATE IN ORDER TO

SATISFY THE STATE'S CONCERNS ABOUT THE PAYROLL PROBLEMS THAT WE SEEM TO

IMPLICATE THEM FOR?

MS. WEINSTEIN: THAT WOULD COST MORE MONEY

EVEN AND WOULDN'T SAVE US ANY MONEY.

MS. GIGLIO: WHAT PERCENTAGE OF THE MEDICAID

BUDGET IS CDPAP?

MS. WEINSTEIN: RIGHT NOW IT'S NORTH OF

36 PERCENT.

MS. GIGLIO: HOW MUCH OF THE -- HOW MUCH IS -- OF

THE STATE BUDGET IS MEDICAID?

MS. WEINSTEIN: PROBABLY ABOUT 40 PERCENT.

MS. GIGLIO: SO YOU'RE SAYING 40 PERCENT OF THE

STATE BUDGET IS MEDICAID, AND THEN 36 PERCENT IS CDPAP. SO WHAT IS

THE PORTION OF MEDICAID FOR SAFETY NET HOSPITALS PROPOSED GOING

FORWARD?

MS. WEINSTEIN: IT'S -- IT'S DRAMATICALLY LOWER.

MS. GIGLIO: IT'S LOWER, OKAY. SO WHAT PERCENTAGE

OF THE MEDICAID IS FOR NOT-FOR-PROFITS THAT TAKE CARE OF -- THAT HAVE THE

GROUP HOMES THAT TAKE CARE OF PEOPLE WITH INTELLECTUAL AND

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DEVELOPMENTAL DISABILITIES?

MS. WEINSTEIN: IT IS LOWER DRAMATICALLY LOWER

THAN THE AMOUNT THAT WE SPEND ON CPDAP.

MS. GIGLIO: BUT YOU DON'T KNOW HOW MUCH.

BECAUSE WE ALREADY HAVE 36 PERCENT FOR CDPAP, WE DON'T KNOW HOW

MUCH WE HAVE FOR SAFETY NET HOSPITALS, AND WE DON'T KNOW HOW MUCH

WE HAVE FOR NOT-FOR-PROFITS THAT TAKE --

MS. WEINSTEIN: I MEAN, WE -- I MEAN, WE DO

KNOW THE AMOUNT, I'M JUST NOT PREPARED WITH THE DATA AT THIS TIME.

MS. GIGLIO: OKAY. SO WITH THE $200 MILLION IN

SAVINGS THAT'S ANTICIPATED FOR THE FISCAL YEAR 2024, WHICH, YOU KNOW,

WE'RE ALREADY INTO, WITH THAT 200 -- IS THAT MONEY JUST GOING TO BE

REALLOCATED TO THE SAFETY NET HOSPITALS?

MS. WEINSTEIN: IT -- IT'S FOR -- IT HELPS FUND ALL OF

THE MEDICAID SERVICES THAT WE ALL CARE ABOUT AND, AGAIN, THAT'S A

NUMBER THAT'S GONNA INCREASE 500 -- 500 MILLION AND THEN OVER -- WE

ANTICIPATE SAVINGS OF OVER $1 BILLION, ULTIMATELY.

MS. GIGLIO: DO WE KNOW WHAT THE ANTICIPATED

COSTS ARE FOR THE 1115 WAIVERS FROM THE FEDERAL GOVERNMENT FOR

MEDICAID THAT HAVE BEEN GRANTED?

MS. WEINSTEIN: OUR STATE COST IS $451 MILLION

THIS YEAR.

MS. GIGLIO: OUR STATE COSTS ARE 451 MILLION FOR

2023-2024, OR 2024-2025? BECAUSE WE --

MS. WEINSTEIN: '24 TO '25.

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MS. GIGLIO: OKAY. SO THE 1115 WAIVER THAT WE JUST

GOT FROM THE FEDERAL GOVERNMENT TO PROVIDE MORE PEOPLE IN NEW

YORK STATE WITH MEDICAID SERVICES, YOU'RE SAYING THAT COST IS ONLY

GOING TO BE 450 MILLION OUT OF THE 42 PERCENT OF MEDICAID FOR THE

ENTIRE STATE?

MS. WEINSTEIN: WE'RE GOING TO SPEND 4. -- 1.5

BILLION OVER THE -- AND OVER THE COST OF THE WAIVER WE'LL BE ABLE TO DRAW

-- DRAW DOWN OVER $7 BILLION OF FEDERAL MONIES.

MS. GIGLIO: OKAY. DO WE EXPECT THAT THE STATE

FISCAL INTERMEDIARY WILL CUT SERVICES FOR PEOPLE THAT ARE CURRENTLY

GETTING SERVICES AT HOME FROM FAMILY MEMBERS, WHERE THOSE FAMILY

MEMBERS WOULD NO LONGER BE PERSONAL ASSISTANTS FOR THE PERSON THAT IS

IN NEED OF THESE SERVICES, AND THEY WOULD HAVE TO HIRE A NURSE OR A

HOME CARE AIDE TO BRING INTO THE HOME WHILE THE MOTHER -- I MEAN, I

HAVE A PERSON IN MY DISTRICT THAT IS 27 YEARS OLD, SHE'S HAD 125 BRAIN

SURGERIES OVER THE LAST 27 YEARS AND HER MOTHER CARES FOR HER AND IS

CONSIDERED A PERSONAL ASSISTANT UNDER THE FISCAL INTERMEDIARY, WHO

CARES FOR HER CHILD. SO IS THAT PERSON GOING TO BE OUT OF A JOB AND WE'RE

GONNA PAY A HOME HEALTH AIDE TO GO IN AND TAKE CARE OF HER CHILD?

MS. WEINSTEIN: NO, THERE SHOULD BE NO DISRUPTION

IN SERVICES UNDER THIS TRANSITION.

MS. GIGLIO: OKAY. WELL THAT'S COMFORTING. OKAY.

AND THEN AS FAR AS THE DSPS AND THE COLA, A COUPLE

OF MY COLLEAGUES MENTIONED IT. YOU KNOW, THE NOT-FOR-PROFITS DIDN'T

HAVE A COLA INCREASE FOR TEN YEARS BEFORE THE LAST TWO YEARS, AND THEN

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THE COLA INCREASE THAT THEY GOT WASN'T KEEPING UP WITH THE RATE OF

INFLATION. SO NOW WE HAVE THESE NOT-FOR-PROFITS, WITH THE STATE CLOSING

OVER 100 GROUP HOMES OVER THE LAST COUPLE OF YEARS, AND TAKING THESE

INDIVIDUALS AND PUTTING THEM INTO THE NOT-FOR-PROFITS, AND WE'RE NOT

FUNDING THE NOT-FOR-PROFITS TO KEEP UP WITH THE COST OF LIVING WHICH IS

PROBABLY WHY WE HAD TO CLOSE THOSE 100 HOMES.

AND I JUST -- I DON'T FEEL THAT WE'RE DOING ENOUGH WITH

-- THERE'S ALREADY A SHORTAGE OF 20 PERCENT OF DIRECT SERVICE

PROFESSIONALS IN THE NOT-FOR-PROFIT INDUSTRY, AND OPWDD IS DOING A

GREAT JOB. YOU KNOW, GOD BLESS THEM, THEY DO THE BEST THAT THEY CAN

WITH WHAT THEY HAVE. BUT WE HAVE SEEN WITH SUBCONTRACTING WITH

OUT-OF-STATE AGENCIES WITH THE CANS AND THE CAS ASSESSMENTS THAT

IT'S MORE AND MORE DIFFICULT FOR PEOPLE TO ACCESS SERVICES BECAUSE THESE

PEOPLE THAT ARE AT HOME ON INDEPENDENT CARE ENTER INTO THE HOSPITAL --

I'M SORRY. THANK YOU, CHAIR WEINSTEIN.

MS. WEINSTEIN: SURE.

MS. GIGLIO: MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. GIGLIO: SO, THESE PEOPLE THAT ARE AT HOME AND

BEING CARED FOR AT HOME ENTER IN THE HOSPITAL. THE CRITERIA FOR THEM TO

GET HOME HEALTH CARE USED TO BE A MUCH BROADER SCALE. THERE WERE 12

ITEMS ON THAT LIST, AND THERE -- IF THEY QUALIFIED FOR FIVE OF THOSE ITEMS

THEN THEY WOULD GET THAT HOME HEALTH CARE. NOW THE LIST IS DOWN TO

FIVE, AND IF THEY -- IF THEY MEET TWO OF THOSE CRITERIA WHERE THEY'RE

ELIGIBLE FOR SERVICES, THEN THEY CAN CONTINUE TO GET THOSE SERVICES. AND

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AS OUR NURSING HOMES KEEP FILLING UP AND OTHER NURSING HOMES ARE

CLOSING DOWN, WHICH IS THE SUBJECT OF CONVERSATION IN THIS CHAMBER

EVERY DAY, I FEAR NOT ONLY FOR THE HOSPITALS THAT CARE FOR THESE PEOPLE,

BECAUSE ONCE THEY GET OUT OF THE HOSPITAL THEY GET REASSESSED AGAIN AS

TO WHETHER OR NOT THEY'RE ELIGIBLE FOR THAT HOME CARE, OR WHETHER OR NOT

THEY'RE ELIGIBLE TO BE IN THAT GROUP HOME. AND SUBCONTRACTING TO

OUT-OF-STATE AGENCIES TO LOOK AT THIS RATHER THAN FULLY STAFFING AND

APPROPRIATING FUNDS TO OPWDD, WHO IS DOING A GREAT JOB, JUST NEEDED

MORE PEOPLE. THEY WERE INUNDATED. AND AS MORE AND MORE PEOPLE

ARE APPLYING FOR MEDICAID OR SEEKING TO GET SERVICES FROM MEDICAID,

AND THE STATE IS SEEKING 1115 WAIVERS AS TO WHO CAN QUALIFY FOR

MEDICAID, IT'S -- WE'RE GOING IN THE WRONG DIRECTION WITH TAKING CARE OF

OUR MOST VULNERABLE.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BROWN.

MR. K. BROWN: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. K. BROWN: MR. SPEAKER, I JUST WANT TO COVER

TWO IMPORTANT TOPICS UNDER THIS BUDGET BILL. THE FIRST IS BAD, THE

SECOND IS GOOD. AND THE FIRST DEALS WITH THE COST-OF-LIVING ADJUSTMENT

FOR COMMUNITY-BASED MENTAL HEALTH AND HUMAN SERVICE PROVIDERS IN

NEW YORK STATE. YOU KNOW, WE CURRENTLY HAVE A BROKEN SYSTEM WHEN

IT COMES TO TREATING PEOPLE WITH BEHAVIORAL HEALTH ISSUES, AS WELL AS

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SUBSTANCE USE DISORDER AND ALCOHOLISM. THE STATUTORY COST-OF-LIVING

INCREASE FOR COMMUNITY-BASED MENTAL HYGIENE SERVICE PROVIDERS, WHILE

IT'S AN INCREASE AND IT'S GREAT TO SEE THIS YEAR, WE STILL HAVE A SYSTEM

THAT RELIES ON PEOPLE THAT CAN'T EVEN MAKE A LIVING WHEN IT COMES TO

TREATING WITH PEOPLE WHO ARE IN NEED. AND MY COLLEAGUE DID A GREAT

JOB BEFORE GOING THROUGH THE QUESTIONS OF THE CHAIR OF WAYS AND

MEANS, BUT JUST TO POINT OUT THE STATISTICS THAT THE CUMULATIVE ANNUAL

CPI INFLATIONARY INCREASE OVER A 16 PERIOD FOR THESE SAME PEOPLE THAT

EARN A LIVING AS SOCIAL WORKERS TAKING CARE OF PEOPLE IN NEED TOTALS

43 PERCENT, WHILE THE COLA FOR THE -- THAT FISCAL YEAR COMING UP TO

NOW, RIGHT, HAS NOT BEEN FUNDED EXCEPT FOR THE LAST FOUR SUBSEQUENT

YEARS. AND IN THOSE FOUR YEARS, THE COLA THAT WAS PROVIDED WAS

INCREASES OF .2, 1 PERCENT, 5.4 PERCENT, 4 PERCENT, AND NOW THE 2.84

PERCENT, WHICH IS A TOTAL OF 13.44 PERCENT. WHEN YOU COMPARE THAT TO

THE 43 PERCENT INFLATIONARY INCREASE, YOU'RE LOOKING AT A DIFFERENTIAL OF

ABOUT 29 PERCENT. THAT'S PART OF THE REASON WHY WE HAVE THE PROBLEM

THAT WE HAVE. AS A RESULT, THE MOST IMPACTED BEHAVIORAL HEALTH

PROVIDERS AND STAFF HAVE HAD AND WILL CONTINUE TO HAVE EXTREME

DIFFICULTY RECRUITING AND RETAINING CRITICAL DIRECT CARE STAFF POSITIONS AT

A TIME WHEN MENTAL HEALTH AND SUBSTANCE USE DISORDER CRISIS HAS NEVER

BEEN GREATER IN THE STATE OF NEW YORK.

YESTERDAY I TALKED ABOUT A LOST OPPORTUNITY. WE HAD

AN OPPORTUNITY IN A PRIOR BILL TO MAKE SURE THAT THE ATTORNEY GENERAL'S

OFFICE COULD GO AFTER PRIVATE HEALTH CARE PROVIDERS THAT ARE NOT

PROVIDING PARITY AND HAVE A FINE FOR THEM IF THEY'RE NOT PROVIDING

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PARITY AS THE FEDERAL AND STATE LAW REQUIRES. SO THOSE ARE TWO

IMPORTANT FIXES THAT NEED TO BE MADE TO THIS SYSTEM OF CARE, RIGHT?

INCREASING THE COLA AND GET IT BACK UP TO WHERE IT NEEDS TO BE SO

PEOPLE WHO PROVIDE TREATMENT COULD ACTUALLY EARN A LIVING DOING IT,

AND ALSO POLICING AND ENFORCING THE CURRENT PARITY LAWS TO MAKE SURE

THAT WE COULD GET THE HELP TO THOSE PEOPLE THAT THEY NEED.

THE SECOND TOPIC I WANT TO COVER IS -- IS A VICTORY.

TEN YEARS IN THE MAKING IT TOOK TO GET THIS BILL TO THE FLOOR IN THE

BUDGET AND ACTUALLY PASSED, AND THE TREATMENT PROVIDERS IN MY AREA ON

LONG ISLAND ARE THRILLED. THEY CAN'T BELIEVE THAT TEN YEARS LATER THIS

FINALLY OCCURRED. THAT PART AA OF THIS BUDGET BILL HAS A HISTORIC

BUDGET PROVISION THAT WILL CHANGE THE ABILITY FOR OUR CONSTITUENTS WHO

ARE HAVING TROUBLE FINDING CARE THROUGH THE STATE'S MENTAL HEALTH AND

SUBSTANCE USE DISORDERS SYSTEMS OF CARE. SPECIFICALLY, IT'S GOING TO

OPEN THE DOOR TO THESE SERVICES FOR TENS OF THOUSANDS OF NEW YORKERS

WHO HAVE COMMERCIAL INSURANCE. UP UNTIL NOW, WHILE MEDICAID HAS

REQUIRED INSURERS TO PAY COMMUNITY-BASED PROVIDERS A STATE SET RATE

FOR THESE CRITICAL SERVICES, THE STATE HAS FAILED TO ENSURE PROVIDERS WERE

ADEQUATELY REIMBURSED FOR SERVICES PROVIDED TO NEW YORKERS WITH

PRIVATE COMMERCIAL INSURANCE. THIS HAS CREATED A SITUATION IN WHICH

OUR CONSTITUENTS WITH PRIVATE INSURANCE ARE OFTEN UNABLE TO FIND A

PROVIDER THAT CAN AFFORD TO TAKE THEIR INSURANCE, A THEME THAT YOU'RE

HEARING TIME AND TIME AGAIN. THIS PROVISION, THOUGH, THANK GOD,

FINALLY REQUIRES THAT THE COMMERCIAL INSURANCE PROVIDERS WILL PAY AT

LEAST THE AMOUNT PAID BY MEDICARE [SIC] PROGRAM FOR THE EXACT SAME

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SERVICES. IT'S A MAJOR VICTORY FOR ALL NEW YORKERS WHO NEED AND

DESERVE ACCESS TO CARE TO ADDRESS THEIR MENTAL HEALTH AND/OR SUBSTANCE

USE ISSUES.

THANK YOU VERY MUCH, SIR.

ACTING SPEAKER AUBRY: MR. GANDOLFO.

MR. GANDOLFO: THANK YOU, MR. SPEAKER. WOULD

THE CHAIR YIELD FOR JUST A COUPLE OF QUESTIONS, PLEASE?

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS, SIR.

MR. GANDOLFO: THANK YOU, CHAIRWOMAN. MY

QUESTION IS GOING TO BE ON THE EXPANSION OF THE HOSPITAL FINANCIAL

ASSISTANCE LAW. SO PART O, IT LOOKS LIKE IT EXPANDS THE ELIGIBILITY FOR

FINANCIAL ASSISTANCE FROM LOW-INCOME UNINSURED TO LOW-INCOME

UNDERINSURED; DO I HAVE THAT CORRECT?

MS. WEINSTEIN: CORRECT.

MR. GANDOLFO: NOW, WHAT IS THE DEFINITION

BEING ADDED FOR UNDERINSURED?

MS. WEINSTEIN: SO TO CLARIFY, IT RELATES TO

INDIVIDUALS WHO ARE UNDER 400 PERCENT OF THE FEDERAL POVERTY LEVEL.

SO THE -- SO THE INTENT -- THE LANGUAGE IS TO CAPTURE INDIVIDUALS THAT,

THOUGH THEY ARE INSURED, HAVE AN UNPLANNED, HIGH-COST MEDICAL

EMERGENCY THAT IS NOT FULLY OR PARTIALLY COVERED BY THEIR INSURANCE OR

HAVE A HIGH-COST INSURANCE COVERAGE. AND IT HAS TO BE BILLS THAT HAVE

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NYS ASSEMBLY APRIL 19, 2024

-- THAT ARE MORE THAN $10,000 OF THE -- MEDICAL BILLS, MORE THAN

$10,000 OF THE INDIVIDUAL'S INCOME THAT HAVE BEEN ACCUMULATED IN THE

YEAR BEFORE THEY --

MR. GANDOLFO: SO WHAT I'M READING HERE, I THINK

IT SAYS MEDICAL EXPENSES IN EXCESS OF 10 PERCENT OF THEIR GROSS ANNUAL

INCOME IN THE PAST 12 MONTHS?

MS. WEINSTEIN: RIGHT, ACCUMULATED IN THE PAST

YEAR, CORRECT.

MR. GANDOLFO: OKAY. NOW, IS THERE -- IT'S 10

PERCENT OF THEIR GROSS ANNUAL INCOME. IS THERE A CAP ON THAT GROSS

ANNUAL INCOME? LIKE, FOR EXAMPLE, SAY IF SOMEONE CHOOSES A HIGH

DEDUCTIBLE PLAN, LET'S SAY A $10,000 DEDUCTIBLE AND THEY HAVE AN

INCOME OF $90,000, WOULD THEY STILL BE ELIGIBLE FOR THE HOSPITAL

FINANCIAL ASSISTANCE?

MS. WEINSTEIN: IN THEORY, YES.

MR. GANDOLFO: OKAY. AND THAT'S SOMEONE WHO

HAS INSURANCE, JUST THEY CHOSE A HIGH DEDUCTIBLE PLAN, AND EVEN THOUGH

THEY'RE NOT -- NOT LOW-INCOME, THEY COULD STILL QUALIFY FOR THESE --

EITHER THE ASSISTANCE OR A PAYMENT PLAN FROM THE HOSPITAL.

MS. WEINSTEIN: WELL, YOU KNOW, I WOULD ASSUME

THAT SOMEONE WOULD CHOOSE A HIGH DEDUCTIBLE PLAN IF THEY FEEL THAT

THEY'RE RELATIVELY HEALTHY, AND THIS IS REALLY DESIGNED TO COVER VERY

UNEXPECTED -- VERY UNEXPECTED, UNPLANNED HIGH-COST MEDICAL

EMERGENCIES.

MR. GANDOLFO: RIGHT, BUT IN A -- IN A CASE LIKE

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THAT, SOMEONE CHOSE THE HIGH DEDUCTIBLE PLAN DESPITE HAVING AN ABOVE-

AVERAGE INCOME TO SAVE THEMSELVES MONEY. BUT IN THE EVENT THAT, GOD

FORBID, AN EMERGENCY HAPPENS, THEY'RE GOING TO QUALIFY FOR THE

FINANCIAL ASSISTANCE, CORRECT?

MS. WEINSTEIN: YOU KNOW, SOMETIMES IT COULD BE

AN EMPLOYER PLAN WHERE THEY HAD NO CHOICE OF...

MR. GANDOLFO: OKAY. AND NOW, AN

OUT-OF-POCKET MEDICAL EXPENSE. WHAT QUALIFIES AS A MEDICAL EXPENSE?

IS THAT CO-PAYS, COULD THAT BE TRANSPORTATION TO A DOCTOR'S APPOINTMENT?

MS. WEINSTEIN: NOT -- NOT TRANSPORTATION, BUT YES,

OUT-OF-POCKET COSTS COULD INCLUDE CO-PAYS.

MR. GANDOLFO: OKAY. NOW, DO WE HAVE ANY

PROJECTION ON HOW MANY INSURED INDIVIDUALS WOULD NOW QUALIFY FOR THE

HOSPITAL FINANCIAL ASSISTANCE?

MS. WEINSTEIN: I -- I DO NOT.

MR. GANDOLFO: OKAY. SO WE -- WE DON'T KNOW

HOW MANY NEW INDIVIDUALS ARE GOING TO QUALIFY. SO THEN I GUESS IT'S

SAFE TO SAY WE DON'T KNOW HOW THIS WOULD INCREASE COSTS TO THE

HOSPITALS?

MS. WEINSTEIN: WELL, YOU KNOW, CURRENTLY

HOSPITALS ARE LARGELY REIMBURSED FOR THEIR UNCOMPENSATED CARE. RIGHT

NOW, THERE OBVIOUSLY ARE COSTS THAT HOSPITALS BEAR TO TRY AND COLLECT THE

UNPAID MEDICAL BILLS. HAVING A LIEN ON YOUR HOME DOESN'T HELP THE

HOSPITAL GET -- RECOVER DOLLARS, SO WE DO NOT BELIEVE, ACTUALLY, THAT IT

WILL HAVE MUCH IMPACT ON -- ON THE HOSPITALS.

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MR. GANDOLFO: OKAY, BUT IT COULD GROW COSTS TO

THE HOSPITALS AND EVENTUALLY, IF THEY ARE REIMBURSED FOR SOME OF THAT

LOSS, WOULD THAT THEN COME FROM OUR BUDGET IN THE STATE?

MS. WEINSTEIN: YOU KNOW, IT COULD BE FROM THE

STATE-FUNDED INGIDENT [SIC] -- ING [SIC] -- CARE POOLS, YES.

MR. GANDOLFO: OKAY. ALL RIGHT, THANK YOU.

AND JUST MOVING ON TO ANOTHER PROVISION THAT'S IN HERE

REGARDING SEPARATE PATIENT CONSENT FOR TREATMENT AND PAYMENT OF HEALTH

CARE SERVICES. NOW, THIS WOULD PROVIDE THAT CONSENT TO PAY FOR THE

MEDICAL SERVICES CANNOT BE RECEIVED FROM THE PATIENT UNTIL AFTER THE

SERVICES ARE PROVIDED; IS THAT CORRECT?

MS. WEINSTEIN: YES.

MR. GANDOLFO: IS THAT ONLY APPLICABLE IN

MEDICALLY-NECESSARY SERVICES, OR IS THAT ANY MEDICAL TREATMENT, ANY

MEDICAL SERVICE, YOU WOULDN'T HAVE TO AGREE TO PAY FOR THE SERVICE UNTIL

AFTER IT WAS PROVIDED?

MS. WEINSTEIN: ANY SERVICE.

MR. GANDOLFO: ANY SERVICE. SO IT DOESN'T HAVE

TO BE MEDICALLY NECESSARY?

MS. WEINSTEIN: WE ASSUME THAT HOSPITALS WOULD

NOT BE PERFORMING MEDICAL TREATMENT THAT WASN'T MEDICALLY NECESSARY.

MR. GANDOLFO: OKAY, THANK YOU. THANK YOU FOR

YOUR ANSWERS, MADAM CHAIR.

MR. SPEAKER, ON THE BILL BRIEFLY.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

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NYS ASSEMBLY APRIL 19, 2024

MR. GANDOLFO: MR. SPEAKER, I KNOW A LOT OF

THESE PROVISIONS IN HERE ARE WELL-INTENTIONED TO TRY TO PREVENT PEOPLE

FROM GOING INTO MEDICAL DEBT, AND I KNOW EVERYTHING COSTS A LOT MORE

NOWADAYS AND WHERE WE CAN HELP PEOPLE, WE WANT TO HELP PEOPLE.

BUT I HAVE A REAL CONCERN THAT THESE PROVISIONS WILL GROW THE ASSISTANCE

PLANS AND, THEREFORE, INCREASE COSTS TO THE HOSPITAL AT A RATE THAT IS TOO

RAPID AND IS UNFUNDED, AND EVENTUALLY IT'S GOING TO PUT MORE HOSPITALS

IN FINANCIAL DISTRESS AND THE BILL WILL COME BACK ON THE TAXPAYERS.

SO I WILL NOT BE SUPPORTING THE HEALTH BUDGET OVERALL,

BUT I THANK YOU FOR TIME, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. MORINELLO.

MR. MORINELLO: THANK YOU, MR. SPEAKER. WILL

THE CHAIRWOMAN YIELD FOR JUST A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: THE CHAIR YIELDS, SIR.

MR. MORINELLO: AND I'M -- I'M JUST GOING TO

FOCUS ON THE CONSUMER DIRECT PERSONAL ASSISTANCE PROGRAM. IS IT MY

UNDERSTANDING THERE'S APPROXIMATELY 607 INTERMEDIARIES?

MS. WEINSTEIN: WE DON'T KNOW THE ACTUAL

NUMBER, BUT THAT SOUNDS ABOUT RIGHT.

MR. MORINELLO: THAT'S -- THAT'S WHAT I THOUGHT I

HAD HEARD. HAS THERE BEEN ANY ATTEMPT OR EFFORT TO ANALYZE EACH OF

THOSE INTERMEDIARIES TO SEE WHICH ONES PERFORM BETTER, WHICH ONES

PERFORM WRAPAROUND SERVICES, AND WHICH ONES WILL HARM THE MOST

VULNERABLE IF THEY'RE NOT ALLOWED TO CONTINUE?

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: PART OF THE PROBLEM IS IS THAT THEY

DON'T SUBMIT DATA. WE DON'T EVEN KNOW -- THAT'S WHY WE DON'T EVEN

HAVE AN EXACT NUMBER. THEY CONTRACT WITH THE PLANS. THE PLANS ARE

LOOKING FOR -- THEY'RE -- THEY'RE JUST, YOU KNOW, THE MIDDLE PROCESS. SO

WE DO NOT HAVE ANY OF THAT INFORMATION OR DATA ABOUT HOW EFFICIENT

THEY -- ANY INDIVIDUAL PLAN IS, INTERMEDIARY IS, OR WHICH ONES ARE THE

MOST COSTLY.

MR. MORINELLO: THANK YOU. HAS THERE BEEN ANY

ATTEMPT OR HAS THERE BEEN ANY ROUNDTABLES WITH THE CLIENTS TO TALK ABOUT

WHAT THEIR NEEDS ARE, HOW THEY ARE BEING TREATED, AND HOW THE AGENCIES

MAY BE PROVIDING WRAPAROUND SERVICES?

MS. WEINSTEIN: I -- I DO THINK THAT THERE'S

INTERACTION WITH THE CLIENTS ON A -- ON A REGULAR BASIS. SOMETIMES IF

THERE'S A DISPUTE AS TO THE AMOUNT OF HOURS THAT ARE APPROVED, THERE CAN

BE EVEN A FAIR HEARING WHERE THERE WOULD BE SOME INTERACTION WITH THE

AGENCY AND -- AND THE CLIENT.

MR. MORINELLO: ALL RIGHT. I'M NOT REFERRING TO

HOURS, I'M REFERRING TO THE TREATMENT, THE TYPE OF ADDITIONAL SERVICES

THAT THE PROPER AGENCIES MAY PROVIDE.

MS. WEINSTEIN: WELL, THESE INTERMEDIARIES DO NOT

PROVIDE THE SERVICES, THAT'S PART OF THE PROBLEM. THEY'RE JUST THE -- THE

SIGNUP PROGRAM. YOU KNOW, THEY'RE THE -- THE MIDDLE FOLKS.

MR. MORINELLO: THANK YOU. THAT'S EXACTLY

WHERE I WAS HEADED WITH THIS.

ON THE BILL.

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: SURE, THANK YOU.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MORINELLO: I FIND IT DIFFICULT TO ACCEPT THAT

THERE CAN BE A PROGRAM THAT IS BENEFITTING SOME OF OUR MOST

VULNERABLE, AND BECAUSE OF ECONOMIC CONCERNS OF THE MAGNITUDE OF THE

INTERMEDIARIES THEY'RE JUST GONNA AUTOMATICALLY SCRAP IT. I'M GONNA

SPEAK MORE PARTICULARLY ABOUT THE WESTERN NEW YORK INDEPENDENT

LIVING, OF WHICH I HAVE MET WITH MANY TIMES. THEY ARE AN

INTERMEDIARY, BUT THEY ARE ALSO AN AGENCY THAT PROVIDES WRAPAROUND

SERVICES TO THEIR CLIENTS. THE CLIENTS RECEIVE WRAPAROUND SERVICES SUCH

AS PEER COUNSELING, MEDICAID REAPPORTION, BENEFIT COUNSELING, HOUSING

ASSISTANCE, TRANSPORTATION, ASSISTANCE IN RECRUITMENT, ASSISTANCE IN

INTERVIEWING, STATE LOCATION TO MEET POTENTIAL GUIDANCE, TECHNICAL

ASSISTANCE, INDEPENDENT LIVING SKILLS, INDIVIDUAL ADVOCACY, HEALTH HOME

COORDINATION, PARENT-TO-PARENT ASSISTANCE FOR THOSE WITH CHILDREN WITH

DISABILITIES. YOU HAVE TO LISTEN TO SOME OF THE CLIENTS AND SOME OF THE

PARENTS THAT HAVE CHILDREN TO UNDERSTAND THE IMPORTANCE OF PROPER

AGENCIES THAT CAN BECOME THE INTERMEDIARIES. THE REGULATIONS AND

RULES THAT I HAVE HEARD ABOUT TODAY WOULD PREVENT WESTERN NEW YORK

INDEPENDENT LIVING FROM PROVIDING THESE SERVICES AS PART OF BEING AN

INTERMEDIARY.

I BELIEVE THAT THE FOCUS AND THE GOAL WILL HARM OUR

MOST VULNERABLE. THE FOCUS AND THE GOAL, BECAUSE THERE'S BEEN NO

ANALYSIS OF THE INTERMEDIARIES, BECAUSE THIS IS DONE IN A VACUUM,

BECAUSE THERE HAS BEEN NO INPUT OR INQUIRIES OF THE AGENTS AND THOSE

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NYS ASSEMBLY APRIL 19, 2024

RECEIVING THE SERVICES, IS A FAILED ATTEMPT TO LOOK AT A BUDGETARY ITEM

ON AN OVEREXPOSED, OVER-BLOATED $237 BILLION BUDGET ON THE BACKS OF

THE MOST VULNERABLE. THERE ARE MORE PRACTICAL WAYS TO LOOK AT THIS IF

YOU LOOK AT IT AS A BUSINESS MODEL, BUT NOT AS A BUDGET MODEL. AND FOR

THAT REASON AND SOME OTHER ITEMS IN HERE WHICH I WON'T GO INTO, I AM

VOTING IN THE NEGATIVE AND I URGE MY COLLEAGUES TO VOTE IN THE NEGATIVE

ALSO.

THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL.

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

WEINSTEIN YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN I

BELIEVE WILL YIELD.

MS. WEINSTEIN: YES.

MR. GOODELL: THANK YOU, MS. WEINSTEIN. I

WANTED TO FOLLOW UP ON SOME QUESTIONS MY COLLEAGUE ON THE POSSIBLE

INDIGENT CARE POOL.

MS. WEINSTEIN: MM-HMM.

MR. GOODELL: NOW IT'S MY UNDERSTANDING THAT THE

HOSPITAL INDIGENT CARE POOL IS FUNDED BY A SURCHARGE ON MEDICAID

PAYMENTS.

MS. WEINSTEIN: YES?

MR. GOODELL: THAT'S WHAT, 6.54 PERCENT OR IS THAT

EVEN HIGHER NOW?

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: I -- I THINK THAT'S ABOUT RIGHT,

MAYBE EVEN A LITTLE BIT HIGHER. I DON'T HAVE THE EXACT NUMBER HERE.

MR. GOODELL: AND THERE'S A SURCHARGE ON

NON-MEDICARE, 8.95 PERCENT. THEN THERE'S AN ANNUAL ASSESSMENT ON

HOSPITALS FOR ALL IN-PATIENT CARE, AND THEN WE ALSO USE FUNDS IF I'M NOT

MISTAKEN FROM CIGARETTE TAXES AND OTHER SOURCES; IS THAT CORRECT?

MS. WEINSTEIN: YES.

MR. GOODELL: AND WHAT IS THE TOTAL FUNDING

CURRENTLY FOR THE HOSPITAL INDIGENT CARE POOL?

MS. WEINSTEIN: UNFORTUNATELY WE DON'T HAVE THAT

FIGURE HERE.

MR. GOODELL: BUT IT RUNS BILLIONS, RIGHT?

MS. WEINSTEIN: I -- I WOULD SAY HUNDREDS OF

MILLIONS, NOT BILLIONS.

MR. GOODELL: UNFORTUNATELY THE REPORT I HAVE,

YOU KNOW, SINCE I JUST GOT THIS BILL TODAY, SAID THAT IN 2008 IT WAS 847

MILLION. SINCE THAT'S EIGHT YEARS AGO I ASSUME IT'S PROBABLY WELL OVER A

BILLION NOW. IS THAT A REASONABLE ASSUMPTION?

MS. WEINSTEIN: I DON'T NECESSARILY (INAUDIBLE).

MR. GOODELL: OKAY. NOW I WANTED TO TAKE A

LOOK IF I CAN AT PART O, AND PART O CHANGES HOW THE HOSPITAL INDIGENT

CARE POOL FUNDS ARE UTILIZED AND WHAT HOSPITALS CAN DO IN TERMS OF

BILLING PATIENTS. AND FIRST I NOTE THAT ONE OF THE FIRST CHANGES IS IT

PROVIDES THAT IMMIGRANT STATUS SHALL NOT BE AN ELIGIBILITY CRITERIA FOR THE

PURPOSES OF DETERMINING UTILIZATION OF THIS POOL; IS THAT CORRECT?

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: YES.

MR. GOODELL: SO DO WE HAVE AN ESTIMATE ON WHAT

WE ANTICIPATE ILLEGAL IMMIGRANTS WILL COST IN TERMS OF HEALTHCARE UNDER

THE GENERAL HOSPITAL INDIGENT CARE POOL?

MS. WEINSTEIN: NO. I DO NOT HAVE THAT DATA.

MR. GOODELL: AND THEN I SEE THAT THERE'S A

NUMBER OF RESTRICTIONS ON COLLECTING FOR MEDICAL CARE THAT'S PROVIDED

BY A HOSPITAL.

MS. WEINSTEIN: CORRECT.

MR. GOODELL: AND FOR PATIENTS THAT ARE BELOW

200 PERCENT, THE HOSPITAL CAN'T DO ANY COLLECTIONS, CORRECT?

MS. WEINSTEIN: YES.

MR. GOODELL: AND FOR PATIENTS BETWEEN 200 AND

300 PERCENT OF FEDERAL POVERTY, HOSPITALS CAN ONLY CHARGE UP TO TEN

PERCENT OF THE MEDICAID RATE OR TEN PERCENT OF THE COST SHARING,

CORRECT?

MS. WEINSTEIN: YES.

MR. GOODELL: AND THEN FOR PATIENTS FROM 300 TO

400 IT'S 20 PERCENT OF THOSE NUMBERS --

MS. WEINSTEIN: YES, BUT THIS IS -- JUST WANT TO

CLARIFY WHAT YOU'RE SAYING, THIS HAS TO DO WITH ONCE THE INDIVIDUAL SAYS

THEY CANNOT PAY AND THEIR -- AND RESTRICTS THE ABILITY OF THE HOSPITAL TO --

TO SUE THESE INDIVIDUALS. IT DOESN'T PREVENT THEM FROM --

MR. GOODELL: AND THEN I SEE THAT A HOSPITAL CAN

REQUEST AND NEGOTIATE A -- A PAYMENT PLAN FOR THOSE WHO ARE ABOVE 200

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NYS ASSEMBLY APRIL 19, 2024

PERCENT OF POVERTY, CORRECT?

MS. WEINSTEIN: YES.

MR. GOODELL: NOW IF SOMEONE SIGNS A PAYMENT

PLAN AND DOESN'T HONOR THE PAYMENT PLAN AND THEIR INCOME IS BELOW

400 PERCENT OF POVERTY, CAN THE HOSPITAL SUE FOR BREACH OF CONTRACT?

MS. WEINSTEIN: I DON'T BELIEVE SO. I MEAN

OBVIOUSLY, YOU KNOW, WE'RE TALKING ABOUT HOSPITALS THAT I THINK JUST

ABOUT EVERY HOSPITAL IN OUR STATE IS A CHARITABLE INSTITUTION. SO THEY

ARE -- I DON'T BELIEVE THAT THEY WOULD SUE ON A NON -- BE ALLOWED TO SUE

ON A NON-PAYMENT PROCEEDING.

MR. GOODELL: SO ON ONE HAND THE STATUTE SAYS A

HOSPITAL CAN NEGOTIATE A PAYMENT PLAN AND THEN ON THE OTHER IT SAYS BUT

IT CAN'T ENFORCE THE PLAN; IS THAT A FAIR STATEMENT?

MS. WEINSTEIN: YOU KNOW, THEY CAN'T -- CAN'T SUE

TO ENFORCE A -- A PLAN IF THE PERSON IS UNDER 4 PERCENT OF THE FEDERAL

POVERTY LEVEL BASED ON SOME OF THOSE PERCENTAGES THAT YOU DESCRIBED

EARLIER.

MR. GOODELL: SO JUST TO PUT THAT IN PERSPECTIVE,

400 PERCENT OF POVERTY IF I'M NOT MISTAKEN FOR AN INDIVIDUAL, IT WOULD

BE IN NEW YORK STATE $60,240 FOR 2024?

MS. WEINSTEIN: YES.

MR. GOODELL: AM I CORRECT THAT THE NEW YORK

CITY PER CAPITA MEDIAN INCOME IS $48,066?

MS. WEINSTEIN: I DON'T HAVE THAT FIGURE WITH ME

BUT I'M SURE YOU -- YOUR NUMBER IS PRETTY CORRECT.

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NYS ASSEMBLY APRIL 19, 2024

MR. GOODELL: SO IN OTHER WORDS THAT 400 PERCENT

LIMIT IS 27 PERCENT HIGHER THAN THE NEW YORK STATE OR THE NEW YORK

CITY PER CAPITA MEDIAN INCOME, WHICH MEANS THAT EVERYONE UNDER THE

MEDIAN INCOME COULD HAVE FREE HOSPITALIZATION, RIGHT? EVERY SINGLE

ONE, PLUS THOSE WHO ARE UP TO 27 PERCENT ABOVE THE MEDIAN INCOME.

MS. WEINSTEIN: YOU KNOW, WE'RE TALKING ABOUT AT

-- AT WHAT POINT CAN A HOSPITAL TAKE LEGAL ACTION TO SUE TO RECOVER THESE

FUNDS WITH THE REALIZATION THAT THEY WILL LIKELY NOT BE TOO SUCCESSFUL.

THEY HAVE TO MAKE THEIR BEST EFFORTS TO ENSURE THAT THE INDIVIDUAL

DOESN'T QUALIFY FOR FINANCIAL ASSISTANCE PRIOR TO TAKING THE LEGAL ACTION.

MR. GOODELL: WELL, YOU DON'T QUALIFY FOR

MEDICAID, RIGHT, IF YOU'RE ABOVE 200 PERCENT POVERTY; AM I CORRECT? IT

GOES TO 133, I THINK, FOR MEDICAID ELIGIBILITY?

MS. WEINSTEIN: RIGHT, BUT THEY -- THEY MAY

QUALIFY FOR THE ESSENTIAL PLAN IF YOU'RE TALKING ABOUT SOMEONE WHO'S --

WHO'S NOT INSURED, SOME OF THE MARKETPLACE PLANS.

MR. GOODELL: TRUE, BUT IF YOU GO OVER 200

PERCENT OF POVERTY WITH THE ESSENTIAL PLAN YOU PAY A PREMIUM,

CORRECT?

MS. WEINSTEIN: YES. I BELIEVE IT'S 250 PERCENT

BUT YES.

MR. GOODELL: WELL, IF YOU GET FREE

HOSPITALIZATION AND LET'S SAY IT'S A FAMILY OF THREE, THAT WOULD PUT YOUR

FEDERAL POVERTY LEVEL FOR A FAMILY OF THREE AT 400 PERCENT AT 103,208.

YOU CAN BE EARNING SIX FIGURES AND GET FREE HOSPITALIZATION, RIGHT?

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: THIS ISN'T ABOUT FREE

HOSPITALIZATION --

MR. GOODELL: BUT THE HOSPITALS CAN'T COLLECT.

THEY CAN'T SUE YOU, SO FROM THE PATIENT'S VIEW IT'S FREE, RIGHT? YOU

WALK IN AND SAY HEY, LET ME INTRODUCE MYSELF, I EARN JUST OVER

$100,000 BUT I GOT A WIFE AND A CHILD SO HERE I AM, DON'T HAVE TO PAY,

RIGHT? HOSPITAL CAN'T SUE YOU.

MS. WEINSTEIN: YOU KNOW, MEDICAL EXPENSES ARE,

AS YOU WELL KNOW, ARE NOT CHEAP, AND MOST PEOPLE IF THEY CAN AFFORD

INSURANCE, HAVE INSURANCE. IT IS AMAZING HOW EXPENSIVE AN

UNEXPECTED TWO WEEK PERIOD OF TIME IN A HOSPITAL ICU UNIT CAN BE.

MR. GOODELL: INDEED, THAT'S WHY WE ENCOURAGE

PEOPLE TO BUY INSURANCE, RIGHT?

MS. WEINSTEIN: MM-HMM.

MR. GOODELL: WELL, WHY WOULD ANYONE WHO

EARNS LESS THAN SIX FIGURES BUY INSURANCE? I MEAN YOU CAN GET

HOSPITALIZATION FREE UP TO 400 PERCENT. WHY WOULD YOU EVER WASTE

MONEY ON INSURANCE PREMIUMS? BY THE WAY, YOU COULD COUPLE THAT

WITH A -- A PRIVATE HEALTH AND WHAT IS IT CALLED, A HEALTH SAVINGS

ACCOUNT, RIGHT? FOR WHAT YOU SPEND IN MONTHLY PREMIUMS YOU COULD

FUND A HEALTH SAVINGS ACCOUNT TO COVER EVERYTHING ELSE. SO WHY WOULD

WE EVER BUY INSURANCE IF YOU MAKE LESS THAN 103,000 AND YOU HAVE A

WIFE AND A CHILD?

MS. WEINSTEIN: YOU KNOW, THE -- THE HOSPITAL BILL

STILL HAS TO BE OVER 10 PERCENT OF YOUR -- OF YOUR INCOME AND, YOU

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NYS ASSEMBLY APRIL 19, 2024

KNOW, AGAIN IT HAS TO DO WITH SUING -- THIS RELATES TO HOSPITALS SUING TO

COLLECT THE AMOUNT DUE FOR MEDICAL ASSISTANCE. I THINK MOST PEOPLE ARE

NOT PROACTIVELY FIGURING -- DOING THEIR CALCULATIONS AS TO HOW MUCH

MONEY THEY EARN AND ANTICIPATING THEY'RE GOING TO NEED SOME MEDICAL

CARE THAT'S GOING TO KICK THEM INTO THIS CATEGORY.

MR. GOODELL: I SEE. AND NOW FOR A HOSPITAL TO

SUE SOMEONE WHO MAKES OVER 400 PERCENT OF INSURANCE THEY HAVE TO

FILE AN AFFIDAVIT THAT THEY THINK THAT THE PATIENT EARNS MORE THAN 400

PERCENT OF THE POVERTY LIMIT. HOW IS IT THE HOSPITAL WOULD KNOW WHAT

THE PATIENT'S INCOME IS? CAN THEY REQUIRE THE PATIENT TO PROVIDE THEM

WITH A COPY OF THEIR TAX RETURN WHEN THEY COME IN FOR SERVICES, HOW

WOULD THEY EVER KNOW?

MS. WEINSTEIN: WELL, THE --

MR. GOODELL: THERE'S NOT A DATABASE THAT'S

ADMISSIBLE TO HOSPITALS, RIGHT, THAT THEY CAN LOOK UP. SOMEBODY --

MS. WEINSTEIN: RIGHT, BUT THE HOSPITAL CAN -- CAN

CHECK -- THE HOSPITAL CAN CHECK INCOME INFORMATION INCLUDING UNIFORM

FINANCIAL ASSISTANCE FORM, WHICH WE AGREED TO IN LAST YEAR'S BUDGET, A

STANDARDIZED DOCUMENT WHERE THE INDIVIDUAL REPORTS THEIR INCOME

SOURCES INCLUDING WAGES, SSI PAYMENTS, UNEMPLOYMENT COMPENSATION,

DISABILITY PAYMENTS, ET CETERA. IT CURRENTLY EXISTS WHEN -- IF YOU ARE

CLAIMING THAT YOU CANNOT FINANCIALLY PAY THE -- THE BILL.

MR. GOODELL: AND THIS 400 PERCENT CAP THAT YOU

CAN GET FREE HOSPITALIZATION FOR, IS THAT EVALUATED AT THE TIME YOU APPLY

FOR THE SERVICES OR AT THE TIME THE HOSPITAL SEEKS COLLECTION? IN OTHER

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NYS ASSEMBLY APRIL 19, 2024

WORDS, LET'S SAY YOU'RE JUST EARNING A BARE SIX FIGURE SALARY WITH YOU

AND YOUR WIFE OR YOU AND YOUR SPOUSE, SORRY, AND YOU GET A RAISE. LET'S

SAY YOU GET A BONUS, THAT PUTS YOU WELL ABOVE 400 PERCENT. CAN THE

HOSPITAL THEN SUE YOU ONCE YOU CROSS THAT THRESHOLD OR ARE THEY FOREVER

BARRED FROM SUING YOU BASED ON YOUR INCOME AT THE TIME YOU RECEIVED

SERVICES?

MS. WEINSTEIN: IT'S AT THE TIME THAT YOU APPLY FOR

THE FINANCIAL ASSISTANCE.

MR. GOODELL: SO YOU CAN BE MAKING A

QUARTER-MILLION AS AN INDIVIDUAL AND AS LONG AS YOU WERE UNEMPLOYED

WHEN YOU WENT INTO THE HOSPITAL YOU DON'T HAVE TO PAY YOUR HOSPITAL

BILL?

MS. WEINSTEIN: YOU KNOW, I -- I THINK THERE'S A

WHOLE A LOT OF ASSUMPTIONS IN WHAT YOU'RE -- IN WHAT YOU'RE -- IN WHAT

YOU'RE SAYING. WE'RE TALKING ABOUT THE VAST -- OVERWHELMING VAST

MAJORITY OF INDIVIDUALS, THE PEOPLE WHO HAVE DEBT, MANY -- THE ELDERLY

-- THE OVERWHELMINGLY MAJORITY OF ELDERLY PEOPLE IN DEBT SAY IT'S

BECAUSE OF UNPAID -- INABILITY TO PAY THEIR MEDICAL EXPENSES --

MR. GOODELL: THANK YOU. AND I -- I APPRECIATE

YOUR COMMENTS.

ON THE BILL.

ACTING SPEAKER RIVERA: ON THE BILL.

MR. GOODELL: THANK YOU. SO WE HAVE A BAD DEBT

CHARITY POOL RUN BY THE HOSPITALS, HOW IS IT FUNDED? A SURCHARGE ON

MEDICAID PAYMENTS, A SURCHARGE ON MEDICARE PAYMENTS, A SURCHARGE

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NYS ASSEMBLY APRIL 19, 2024

ON YOUR HEALTH INSURANCE PAYMENTS. SO, WHEN WE SAY WE WANT TO

PROTECT THE SENIOR CITIZENS FROM HIGH HOSPITAL BILLS, YET WE SAY THAT

EVERYONE WHO IS UNDER 400 PERCENT OF POVERTY CAN GET FREE

HOSPITALIZATION, LET ME TELL YOU WHAT'S GOING TO HAPPEN TO THIS BILL. THE

COST OF THIS PROGRAM IS GOING TO BE ASTRONOMICAL. ABSOLUTELY

ASTRONOMICAL. BECAUSE EVERY PERSON IN THE STATE OF NEW YORK WORRIES

ABOUT HOW THEY SPEND MONEY. AND SO IF YOU'RE IN JUST OVER SIX FIGURES

AND YOU HAVE A PARTNER AND A CHILD, YOU'RE ELIGIBLE FOR FREE

HOSPITALIZATION. YOU KNOW WHAT YOUR EMPLOYER IS GOING TO SAY TO YOU

AS SOON AS THEY FIGURE THIS OUT? WE HAVE A PROPOSAL FOR YA. IF YOU'RE

EARNING LESS THAN 100,000 AND IT'S THREE PEOPLE, WE'LL PAY 100 PERCENT

OF YOUR CONTRIBUTION TO A HEALTH SAVINGS ACCOUNT BECAUSE YOU'LL HAVE

FREE HOSPITALIZATION. AND THE COST OF THIS PROGRAM, WHICH IS CURRENTLY

ABOUT A BILLION WILL JUST EXPLODE. THIS IS LIKE A PROGRAM FOR UNIVERSAL

FREE HEALTHCARE, AT HOSPITALS FOR THOSE WHO ARE EARNING 27 PERCENT OR

MORE OF THE MEDIAN INCOME IN YOUR COMMUNITY. IN MY COMMUNITY BY

THE WAY, YOU COULD EARN DOUBLE -- DOUBLE THE INDIVIDUAL PER CAPITA,

DOUBLE AND GET FREE HOSPITALIZATION. MY FRIENDS, THIS IS AN

ASTRONOMICALLY EXPENSIVE PROPOSAL, SHOULD NOT BE PART OF THIS BUDGET

BECAUSE YOU'RE GOING TO BE PAYING FOR IT LONG AFTER I LEAVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. GONZ�LEZ-ROJAS

ON THE BILL.

MS. GONZ�LEZ-ROJAS: THANK YOU, MR. SPEAKER.

ON THE BILL. I CAME TO THIS CHAMBER WITH A LONG CAREER IN PUBLIC

HEALTH, SO INVESTMENTS IN OUR HEALTHCARE SYSTEM IS A TOP PRIORITY FOR

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NYS ASSEMBLY APRIL 19, 2024

ME. IF THE PANDEMIC TAUGHT US ANYTHING, IT TAUGHT US THAT THE HEALTH OF

EVERY SINGLE ONE OF US IS A MATTER OF PUBLIC SAFETY, ECONOMIC JUSTICE

AND THE WELL-BEING OF NEW YORK STATE AS A WHOLE. UNFORTUNATELY THE

GOVERNOR SEEMS DEAD SET ON BALANCING THE STATE BUDGET ON THE BACKS

OF OLDER ADULTS AND DISABLED NEW YORKERS. THE PROPOSAL IN THIS

BUDGET PUSHED BY THE EXECUTIVE TO MOVE FROM 700 FISCAL INTERMEDIARY

AGENCIES TO ONE IN THE CONSUMER DIRECTED PERSONAL ASSISTANCE

PROGRAM IS DISASTROUS AND I AM DEEPLY CONCERNED FOR MY CONSTITUENTS

AND THE SMALL BUSINESS THAT ASSISTS PATIENTS IN GETTING THIS VITAL CARE.

WE SPEAK NEARLY 200 LANGUAGES IN MY DISTRICT ALONE AND WE HAVE

AGENCIES THAT ARE REFLECTIVE OF THE RELIGIOUS, CULTURAL AND LINGUISTIC

NEEDS OF OUR COMMUNITIES. FOR EXAMPLE, WE HAVE BENGALI-SPEAKING

AGENCIES THAT PROVIDE CULTURAL COMPETENT CARE TO MY BENGALI-SPEAKING

COMMUNITY. THIS LOCAL HANDS-ON CULTURAL COMPETENT CARE WILL BE

DEEPLY COMPROMISED. I'M GLAD WE ARE ENSURING THAT THE 11 INDEPENDENT

LIVING CENTERS WILL REMAIN PART OF THIS PROGRAM AS SUBCONTRACTORS, BUT I

STILL FEAR THE RESPONSIVENESS AND THE QUALITY OF CARE WILL BE SEVERELY

IMPACTED FOR A VULNERABLE POPULATION. OUR EXECUTIVE CONTINUE TO

INSIST THAT WE NEEDED TO LOOK FOR SAVINGS IN OUR HEALTH BUDGET. WELL,

MY COVERAGE FOR ALL (INAUDIBLE) WOULD HAVE DRAWN DOWN FEDERAL

DOLLARS TO ALLOW UNDOCUMENTED NEW YORKERS TO ENROLL IN THE NEW

YORK STATE ESSENTIAL PLAN. NOT ONLY WOULD THAT HAVE PROVIDED AND

PROMOTED PUBLIC HEALTH, IT WOULD HAVE SAVED US NEARLY $500 MILLION IN

STATE MEDICAID DOLLARS FOR EMERGENCY ROOM CARE. BUT THERE ARE REALLY

GOOD THINGS IN THIS BUDGET. AS A MOM I AM GRATEFUL THAT WE HAVE

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NYS ASSEMBLY APRIL 19, 2024

INCLUDED MY LEGISLATION TO PROVIDE CONTINUOUS COVERAGE FOR CHILDREN

BIRTH TO AGE SIX IN THE MEDICAID AND CHILD HEALTH PLUS PROGRAM. THE

LOSS OF COVERAGE EVEN FOR A SHORT PERIOD OF TIME DISRUPTS CARE,

INCREASES FAMILY EXPENSES, COST GOVERNMENT AND PROVIDERS MONEY, AND

ULTIMATELY LEADS TO POOR HEALTH OUTCOMES FOR OUR BABIES. WITH THIS

MOVE IN THIS BUDGET, WE ARE INVESTING IN THE HEALTH OF NEW YORK'S

CHILDREN. AND FINALLY WHILE IT'S NOT IN THIS PARTICULAR BUDGET BILL, I AM

INCREDIBLY GRATEFUL THAT WE HAVE INCLUDED MY BILL, THE REPRODUCTIVE

FREEDOM AND EQUITY FUND IN THE ENACTED BUDGET. AS AN REPRODUCTIVE

JUSTICE ADVOCATE, I BELIEVE WE HAVE TO DO EVERYTHING WE CAN TO ENSURE

THE RIGHT TO AN ABORTION. AND WHILE WE HAVE GREAT PROTECTIONS HERE IN

NEW YORK, THERE ARE STILL MANY PARTS OF OUR STATE THAT ARE ABORTION

DESERTS AND THE DEMAND FOR CARE IS RISING.

SO I WANT TO THANK OUR SPEAKER, I WANT TO THANK OUR

HARD-WORKING STAFF AND TEAM AND EVERYONE WHO HAS BEEN A PART OF THIS

BUDGET FIGHT AND I PLAN TO VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

WEINSTEIN, 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: A PARTY VOTE HAS

BEEN REQUESTED.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. THE

REPUBLICAN CONFERENCE WILL BE IN THE NEGATIVE ON THIS PARTICULAR PIECE

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NYS ASSEMBLY APRIL 19, 2024

OF LEGISLATION. ALTHOUGH IF THERE ARE MEMBERS WHO WISH TO VOTE IN THE

AFFIRMATIVE, THEY MAY SO DO AT THEIR CHAIRS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. THE MAJORITY CONFERENCE IS IN FAVOR OF THIS BUDGET BILL;

HOWEVER, THERE MAY BE A FEW THAT WOULD DESIRE TO BE AN EXCEPTION.

THEY SHOULD FEEL FREE TO DO SO AT THEIR SEATS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. STECK TO EXPLAIN HIS VOTE.

MR. STECK: THANK YOU, MR. SPEAKER. WITH RESPECT

TO ALCOHOLISM AND SUBSTANCE ABUSE THERE IS ONE NEW PROGRAM IN THIS

BUDGET. FOR THE FIRST TIME WE ARE FUNDING NOT-FOR-PROFIT RESIDENTIAL

FACILITIES THAT PROVIDE CARE FOR COOCCURRING DISORDERS, THAT IS PERSONS

WHO HAVE BOTH SUBSTANCE USE AND MENTAL HEALTH ISSUES. UNFORTUNATELY

THE FUNDING IS ONLY 1.2 MILLION WHEN 5 MILLION WAS RECOMMENDED BUT

THIS IS A START. THE OPIOID SETTLEMENT ADVISORY PROCESS AND THE OPIOID

STEWARDSHIP FUND HAVE PROVEN TO BE OBSTACLES TO LEGISLATIVE DIRECTION

OF FUNDING TO THIS AREA. THE GOVERNOR, FOR EXAMPLE, CUT OVER 11

MILLION FOR JOB PLACEMENT FOR PERSONS IN RECOVERY. WE WERE ONLY ABLE

TO RESTORE 3 MILLION. THIS IS A CUT I DO NOT UNDERSTAND. THE

DEPARTMENT OF LABOR HAS NO EXPERIENCE WITH THIS POPULATION, IT IS

UNDERSTAFFED AND IT MAKES NO SENSE TO SEND PERSONS IN RECOVERY TO

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NYS ASSEMBLY APRIL 19, 2024

ANOTHER BUREAUCRACY. PERSONS IN RECOVERY NEED TO GET THOSE SERVICES

FROM THE PROVIDERS WHO ARE ASSISTING THEM IN THEIR RECOVERY. WE ARE

HOPEFUL THAT THE OPIOID ADVISORY COMMITTEE CAN REVERSE THIS MISTAKE

AND CHANGE IN POLICY. BECAUSE OF THE NEW FOCUS ON COOCCURRING

DISORDERS, I WILL BE VOTING IN FAVOR OF THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: MR. STECK IN THE

AFFIRMATIVE.

MS. CLARK TO EXPLAIN HER VOTE.

MS. CLARK: THANK YOU, MR. SPEAKER. I -- I RISE TO

EXPLAIN MY VOTE HERE ON THIS BILL. YOU KNOW, UNDERSTANDING AS WE ALL

DO THAT NO BUDGET BILL IS PERFECT, NO BUDGET BILL DOES EVERYTHING WE

WANT IT TO, BUT UNDERSTANDING WE ARE DOING SOME VERY IMPORTANT THINGS

HERE FOR OUR NURSING HOMES WHO ARE REALLY STILL STRUGGLING, OUR

HOSPITALS WHO ARE STILL STRUGGLING, THE ALL IMPORTANT COLAS FOR THOSE

WHO ARE DOING REALLY GOD'S WORK IN SO MANY DIFFERENT PLACES AS DIRECT

SERVICE PROFESSIONALS ACROSS OUR STATE. BUT WHAT I REALLY WANT TO

DISCUSS IS WHAT WE ALL KNOW AND ALL HAVE AND I FEEL IS A SIMILAR

MESSAGE WITH MANY OF US ARE SOME CONCERNS ABOUT THESE DRASTIC

CHANGES TO THE CDPAP PROGRAM. THE CONSUMER DIRECTED PERSONAL

ASSISTANCE PROGRAM HAS RISEN IN POPULARITY. IT IS BECAUSE IT HAS GIVEN

PEOPLE CHOICES, AND IT HAS GIVEN THEM CONTROL OVER HOW THEY CARE FOR

THEMSELVES AND HOW OFTEN PARENTS CARE FOR THOSE ADULT CHILDREN WITH

DISABILITIES OR SENIORS AND -- AND OLDER NEW YORKERS WHO NEED CARE IN

THEIR HOME. IT ALSO ALLOWS PEOPLE TO STAY IN THEIR HOME. THAT HAS --

THAT HAS LED TO THE EXPLODING POPULARITY OF IT. THAT COMES WITH A COST

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NYS ASSEMBLY APRIL 19, 2024

AND NOW WE ARE HERE FACING A DIFFICULT CHOICE AS TO HOW WE CAN REIGN

IN SOME OF THOSE COSTS TO ENSURE THAT THIS PROGRAM CAN WORK AND

CONTINUE TO WORK FOR SO MANY NEW YORKERS. I, TOO, LIKE MANY OF MY

COLLEAGUES HAVE CONCERNS AROUND -- AROUND A QUICK MOVE TO ONE FI,

BUT I DO APPLAUD THAT WE HAVE ALLOWED INDEPENDENT LIVING CENTERS TO

CONTINUE THEIR GREAT WORK IN OUR STATE AND THAT WE HAVE ALSO FOUGHT

HARD TO ENSURE THAT AT LEAST THE RATE SETTING REGIONS WILL ALSO HAVE

SUBCONTRACTORS SO THAT WE CAN ENSURE THAT ACROSS OUR STATE AND THE

REGIONS, WITH ALL THEIR VERY LOCAL SPECIFIC ISSUES, WITH ALL OUR GROUPS

THAT HAVE DIFFERENT CULTURAL OR LANGUAGE ISSUES, THAT THOSE ARE

ADDRESSED. WE WILL ALL BE WATCHING CAREFULLY AS THIS UNVEILS ITSELF AND

WE MOVE THROUGH THIS NEXT YEAR AND WE ARE ALL GOING TO ENSURE THAT

THOSE WHO RELY ON THIS PROGRAM CAN CONTINUE TO DO SO. WITH THAT, I

WILL STILL BE A VOTE IN THE AFFIRMATIVE. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: MS. CLARK IN THE

AFFIRMATIVE.

MR. JENSEN TO EXPLAIN HIS VOTE.

MR. JENSEN: THANK YOU VERY MUCH, MR. SPEAKER.

THE -- THE MORAL OF THIS BUDGET BILL IS YEAH, BUT THERE ARE SOME OKAY

THINGS THAT ARE IN IT. CERTAINLY WE WANT TO HELP SUPPORT OUR -- OUR

NURSING HOMES AND OUR HOSPITALS, BUT WE'RE NOT GIVING THEM THE

RESOURCES THEY'VE ASKED FOR TO FULFILL THEIR OBLIGATION TO NEW YORKERS.

WE'RE ENDEAVORING TO GO THROUGH OUR RISKY MEDICAID MATCHING PROJECT

THAT MAY NOT BE APPROVED AND WOULD LEAD TO EVEN GREATER UNCERTAINTY

FOR OUR MEDICAID PROVIDERS. WE'RE DOING THIS ALL INSTEAD OF ACTUALLY

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NYS ASSEMBLY APRIL 19, 2024

LOOKING AT OUR MEDICAID PROGRAM IN TRYING TO MAKE IT MORE EFFECTIVE

AND EFFICIENT. BUT MOST TROUBLING IS THE CDPAP REFORMS IN THIS BILL.

RATHER THAN TRY TO MAKE COMMON SENSE REFORMS TO THIS PROGRAM THAT SO

MANY NEW YORKERS RELY ON, IT WAS DECIDED TO MAKE THESE CHANGES IN

SECRET BEHIND CLOSED DOORS UNFORTUNATELY WITHOUT STAKEHOLDER

ENGAGEMENT IN THE PROCESS. WE WOULD HAVE HAD MECHANISMS TO GO

AFTER THE BAD ACTORS, THAT DID NOT HAPPEN. WE WOULD'VE FOUND WAYS TO

SAVE MONEY WITHOUT DRASTICALLY MOVING TO ONE FI, THAT HAS NOT

HAPPENED. WE'RE NOT ENSURING THAT NEW YORKERS WHO RELY ON THIS

PROGRAM ONCE IT GOES TO THE NEW MODEL WILL STILL HAVE TRUSTED AIDES THAT

THEY RELY ON HELPING THEM THROUGH FISCAL INTERMEDIARIES THAT THEY TRUST.

THE CONCERNS AND THE RISK OF DOING DAMAGE TO NEW YORKERS WHO ARE

DISABLED AND ARE ELDERLY IS MUCH TOO HIGH TO GO THROUGH A RISKY REFORM

THAT WE'RE PRESENTING. THERE WAS COMMONSENSE MEASURES THAT WE

COULD'VE VERY EASILY WORKED TOGETHER ON. WE DID NOT DO THAT, AND FOR

THAT REASON I'M VOTING NO. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. PAULIN TO EXPLAIN

HER VOTE.

MS. PAULIN: THANK YOU, MR. SPEAKER. THIS HAS

BEEN A VERY TOUGH NEGOTIATED HEALTH BUDGET, AND WHILE THERE ARE MANY

THINGS THAT WE ARE LEERY OF, WE WORRY ABOUT, CDPAP, ITS

IMPLEMENTATION, THERE ARE SOME THINGS THAT WE'VE BEEN ABLE TO ACHIEVE

OVER WHAT THE GOVERNOR PROPOSED AND I JUST WANT TO MENTION A FEW OF

THOSE THAT WE CAN BE PROUD OF HERE. FIRST, ON ONE FI. WE'VE BEEN ABLE

TO SAVE THE INDEPENDENT LIVING CENTERS. WE KNOW THAT ALL 11 ARE

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NYS ASSEMBLY APRIL 19, 2024

INCLUDED HERE INCLUDING THE TWO THAT ARE SEPARATELY INCORPORATED IN

NEWBURGH AND IN UTICA. THEY, TOO, ARE INCLUDED IN THE -- IN THE

PROPOSAL THAT WE HAVE BEFORE US IN THIS BUDGET. WE HAVE AN INCREASE

IN EARLY INTERVENTION. FIRST ONE IN ABOUT 20 YEARS AND THAT'S SOMETHING

TO BE PROUD OF. IT IS OUR SECOND YEAR OF INCREASES FOR HOSPITALS AND IN

PARTICULAR NURSING HOMES, WHICH HAVE BEEN STARVED FOR THE 12 YEARS

PRIOR. WE REJECTED $300 MILLION WHICH TRANSLATES INTO $600 MILLION IN

UNALLOCATED CUTS. AGAIN, WE DON'T KNOW WHAT THOSE CUTS WOULD HAVE

BEEN BUT THEY WOULD HAVE DEVASTATED OUR PROGRAMS. WE'VE MAINTAINED

QUALITY POOLS DESPITE THE GOVERNOR'S ATTEMPT TO REMOVE THEM FROM THE

BUDGET. AND 0 TO 6, SOMETHING THAT I THINK HAS BEEN ON THE RADAR OF --

OF US FOR MAYBE THE ENTIRE TIME I'VE BEEN A LEGISLATOR. SO THIS HAS

POSITIVES, WE SHOULD BE PROUD OF THAT AND I WITHDRAW AND VOTE IN THE

POSITIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. PAULIN IN THE

AFFIRMATIVE.

MR. CUNNINGHAM TO EXPLAIN HIS VOTE.

MR. CUNNINGHAM: MR. SPEAKER, THANK YOU SO

MUCH FOR THE OPPORTUNITY TO EXPLAIN MY VOTE. I RISE TO VOTE IN THE

AFFIRMATIVE ON THIS PARTICULAR PIECE OF LEGISLATION. LIKE MANY OF MY

COLLEAGUES HAVE SAID, VOTING ON ANY BUDGET BILL IS NOT ALWAYS PERFECT,

BUT WHAT IS PERFECT IS THE UNITY IN THIS BODY FELT AS IT PERTAINED TO

DOWNSTATE MEDICAL CENTER IN MY DISTRICT WHICH WAS SLATED BASED ON A

PROPOSAL IN JANUARY TO CLOSE BECAUSE OF THE $300 MILLION IN CAPITAL,

$100 MILLION IN AID, WE'RE ABLE TO KEEP THAT FINE INSTITUTION OPEN,

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NYS ASSEMBLY APRIL 19, 2024

WHICH IS NOT JUST A HEALTH HOSPITAL BUT A MEDICAL SCHOOL AND A RESEARCH

CENTER. WITH THAT I AM GRATEFUL TO THIS BODY, GRATEFUL TO MY

COMMUNITY, GRATEFUL FOR SO MANY FOLKS WHO HAVE REACHED OUT AND WITH

THAT I'LL VOTE IN THE AFFIRMATIVE. THANK YOU SO MUCH.

ACTING SPEAKER AUBRY: MR. CUNNINGHAM IN

THE AFFIRMATIVE.

MR. PALMESANO.

MR. PALMESANO: YES, MR. SPEAKER AND MY

COLLEAGUES. I RISE TO SPEAK FOR THOSE WHO CANNOT SPEAK FOR THEMSELVES,

THOSE INDIVIDUALS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, OUR

MOST VULNERABLE NEW YORKERS. AT THE BEGINNING OF THIS BUDGET

PROCESS THE GOVERNOR PUT A 1.5 PERCENT COLA IN. ALL THEY ASKED FOR

WAS A 3.2 PERCENT COLA WHICH ALL OF US IN THIS ROOM KNEW WAS

WOEFULLY INADEQUATE. THEY ASKED FOR A $4,000 SUPPLEMENT, WHICH STILL

WAS WOEFULLY INADEQUATE. SO HERE WE ARE WITH A 2.8 PERCENT COLA

AND THE DIRECT SUPPORT PROFESSIONAL WORKERS ARE ONLY GOING TO GET 1.7

PERCENT? THESE DIRECT SUPPORT PROFESSIONALS ARE RESPONSIBILE FOR

PROVIDING THE QUALITY OF CARE AND ENHANCING THE QUALITY OF LIFE OF OUR

MOST VULNERABLE CITIZENS, OUR MOST VULNERABLE NEW YORKERS, THOSE

WITH INTELLECTUAL DEVELOPMENTAL DISABILITIES. THIS BUDGET FAILS THEM.

BUT YET, AGAIN, I'LL SAY IT AGAIN, $2.4 BILLION FOR THE MIGRANTS, $700

MILLION FOR THE HOLLYWOOD FILM TAX CREDIT TO SUBSIDIZE THE HOLLYWOOD

ELITES. WHERE ARE OUR PRIORITIES? THIS IS JUST ANOTHER EXAMPLE OF

MISPLACED PRIORITIES BY THIS GOVERNOR AND THIS MAJORITY NEGOTIATING

THIS BUDGET, AND MY COLLEAGUE ADDRESSED THE CDPAP PROGRAM AS WELL

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NYS ASSEMBLY APRIL 19, 2024

SO I DON'T NEED TO GET INTO THAT, BUT TO SPEAK FOR THOSE WHO CAN'T SPEAK

FOR THEMSELVES, THOSE INDIVIDUALS WITH INTELLECTUAL AND DEVELOPMENTAL

DISABILITIES, THIS BUDGET FAILS THEM, WE LET THEM DOWN ONCE AGAIN. WE

CAN DO BETTER, WE SHOULD DO BETTER. UNFORTUNATELY THIS BUDGET DOESN'T

DO IT. I VOTE NO.

ACTING SPEAKER AUBRY: MR. PALMESANO IN THE

NEGATIVE.

MR. MAHER.

MR. MAHER: THANK YOU, MR. SPEAKER. WITHOUT

REPEATING A LOT OF WHAT MY COLLEAGUES HAD TO SAY ON BOTH SIDES OF THE

AISLE, I DO WANT TO JUST STRESS WHEN IT COMES TO MENTAL HEALTH THE

GOVERNOR DID INVEST OVER $1 BILLION AND SEVERAL HUNDRED MILLION MORE

IN THIS BUDGET. BUT THE REAL FOUNDATION OF MENTAL HEALTH SERVICES ARE

ITS EMPLOYEES. AND I CANNOT ECHO ENOUGH JUST HOW IMPORTANT IT IS TO

GIVE CERTAINTY TO THAT WORKFORCE, FOR THOSE THAT WANT TO RETAIN THEIR JOBS

AND NOT LEAVE FOR OTHER LESS SKILLED POSITIONS THAT ARE PAYING EVEN MORE

AND FOR THOSE THAT ARE COMING OUT OF SCHOOL AND LOOKING FOR A CAREER TO

GO INTO TO SEE THE HISTORY OF NEW YORK STATE AND HAVE SO MANY YEARS

IN A ROW WITHOUT A COLA INCREASE WITHOUT AN ABILITY TO SEE A

CONSISTENT INCREASE, WHY WOULD YOU GO INTO THAT FIELD EVEN IF YOU HAVE

THAT PASSION AND LOVE TO HELP PEOPLE? SO AGAIN, I THINK WE NEED TO

LOOK AT THIS IN THE FUTURE, TIE IT TO THE CONSUMER PRICE INDEX AND REALLY

GET TO WORK AS SOON AS POSSIBLE FOLLOWING THE ADOPTION OF THIS BUDGET.

FOR THAT REASON AND MANY MORE, I WILL BE VOTING IN THE NEGATIVE.

THANK YOU.

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NYS ASSEMBLY APRIL 19, 2024

ACTING SPEAKER AUBRY: MR. MAHER IN THE

NEGATIVE.

MR. COLTON TO EXPLAIN HIS VOTE.

MR. COLTON: TO EXPLAIN MY VOTE, THANK YOU, MR.

SPEAKER. EVERY BUDGET INVOLVES COMPROMISES AND I THINK THIS BUDGET

IS EXACTLY -- DOES EXACTLY THAT. THERE ARE GOOD THINGS THAT ARE IN THIS

BUDGET. THERE ARE THINGS WHERE WE GAVE ADDITIONAL MONEYS TO

HOSPITALS AND NURSING HOMES THAT DESPERATELY NEEDED THEM. THIS

BUDGET INCLUDES INCREASES IN SALARIES TO WORKERS IN THE HOSPITALS. I

WISH THE INCREASES HAD BEEN MORE BUT THEY ARE IN THERE. THERE ARE

ASSISTANCE IN MENTAL HEALTH AREA THAT THIS BUDGET INCLUDES INCREASES.

HOWEVER, THE ONE THING THAT IS OF GREAT CONCERN TO ME IS THE CDPAPS.

THESE ORGANIZATIONS, THESE GROUPS PROVIDE TREMENDOUS SERVICES TO

THOSE WHO ARE PARTICULARLY IN NEED. AND IN THE FACT THAT THEY MAY HAVE

RECRUITED MORE PEOPLE, I DON'T THINK IS A NEGATIVE IF MORE PEOPLE IN FACT

NEED IT. I THINK IF THERE IS ANYONE THAT WAS ABUSING IT THAT SHOULD'VE

BEEN INVESTIGATED. SO I UNDERSTAND THAT, YOU KNOW, CUTS NEED TO BE

MADE TO KEEP US UNDER THE MEDICAID CAP WHICH I'M NOT SO SURE IS THAT

LEGITIMATE, BUT I ALSO UNDERSTAND THAT WE MUST PROVIDE SERVICES TO

PEOPLE WHO NEED IT. WE HAVE A RESPONSIBILITY NOW TO LOOK VERY

CAREFULLY HOW THE NEW FI IS GOING TO BE MAINTAINING THE SERVICES, THE

LANGUAGE AND THE CULTURAL ASPECTS OF THEM THAT NEED TO BE DONE IN ORDER

TO BE ABLE TO MEET THE NEEDS OF PEOPLE WHO ARE FRAIL, PEOPLE WHO ARE

NEED OF HELP AND NEED AIDES AND ASSISTANTS THAT CAN SPEAK THEIR

LANGUAGE. BUT AS I SAID, THIS IS A BUDGET THAT INVOLVES COMPROMISES.

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NYS ASSEMBLY APRIL 19, 2024

THEREFORE, I THINK I AM GOING TO VOTE IN THE AFFIRMATIVE BECAUSE I

BELIEVE THAT THERE ARE MANY GOOD THINGS AND WE WILL HAVE TO BE

RESPONSIBLE TO EXAMINE HOW THIS NEW FI OPERATES AND WHETHER IT SERVES

THE NEEDS OF THE PEOPLE WHO NEED THAT SERVICE. THANK YOU, MR.

SPEAKER. I WITHDRAW MY REQUEST AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. COLTON IN THE

AFFIRMATIVE.

MS. BICHOTTE HERMELYN.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO EXPLAIN MY VOTE. I WANT TO SAY THAT I'M

VERY THANKFUL TO SEE THAT THERE'S CONSIDERATION IN INVESTING MORE IN

DOWNSTATE MEDICAL HOSPITAL. VERY OFTEN WE DON'T UNDERSTAND THE

IMPORTANCE OF HEALTHCARE, ESPECIALLY IN COMMUNITIES THAT ARE

VULNERABLE AND COMMUNITIES THAT REALLY DON'T HAVE ACCESS TO HEALTH

EQUITY. AND SO I'M HAPPY THAT THE GOVERNOR AND THE WHOLE TEAM IS

LOOKING INTO INVESTING MORE AND KEEPING DOWNSTATE OPEN. I DO WANT

TO SAY THAT I ALSO HAVE A CONCERN WITH HAVING ONLY ONE FISCAL

INTERMEDIARY FOR OUR WHOLE CDPAP PROGRAM. I'M -- I UNDERSTAND THAT

WE HAVE TO COMPROMISE. YOU KNOW, NO BUDGET IS PERFECT, BUT I DO

LOOK TO HOPING THAT THE SUBCONTRACTORS THAT ARE SELECTED ARE DIVERSE,

HAVE CULTURAL COMPETENCIES AND ARE A REFLECTION OF THE COMMUNITY

THAT'S BEING SERVED. I KNOW THIS FIRSTHAND WHEN I USED TO TAKE CARE OF

MY MOTHER, I WAS HER ADVOCATE TO TAKE CARE OF HER AND THE CDPAP

PROGRAM REALLY WORKED WELL AND SO AGAIN, I HOPE IT SURVIVES THIS NEW

POLICY. THANK YOU, MR. SPEAKER. I WILL BE VOTING IN THE AFFIRMATIVE.

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NYS ASSEMBLY APRIL 19, 2024

ACTING SPEAKER AUBRY: MS. BICHOTTE

HERMELYN IN THE AFFIRMATIVE.

MS. FAHY TO EXPLAIN HER VOTE.

MS. FAHY: THANK YOU, MR. SPEAKER. I RISE AS WELL

TO EXPLAIN MY VOTE. AS IN ANY BUDGET, LOTS AND LOTS OF TRADEOFFS BUT I

THINK THERE IS LOTS TO BE CELEBRATED HERE OR APPRECIATED, IF NOT

CELEBRATED, AND I NEED TO START WITH THE NURSING HOMES WHICH HAVE

BEEN SUCH A BIG ISSUE. I HAVE TWO OF THE LARGEST HOSPITALS IN THIS

REGION, ST. PETER'S AND ALBANY MED AND THEY HAVE SOME OF THE LONGEST

EMERGENCY WAIT ROOMS IN THE ENTIRE STATE AND THEY OFTEN SAY THAT'S

BECAUSE THEY DON'T HAVE NURSING HOMES TO BE ABLE TO -- THEY DON'T HAVE

NURSING HOME BEDS TO BE ABLE TO TRANSFER PATIENTS. SO I THINK ADJUSTING

THE MEDICAID REIMBURSEMENT RATES WILL GO A LONG WAY. I THANK SO

MANY OF MY COLLEAGUES WHO HAVE SPENT SO LONG WORKING ON THIS LAST

YEAR, AS WELL AS THIS YEAR, AND HOPING THAT THE SAFETY NET HOSPITAL

TRANSFORMATION PLAN WILL ALSO GO A LONG WAY. THE DIRECT SERVICE, THE

DSP, THE WAGE THAT WE HAVE PUT IN IS NOT EXACTLY AT THE 3.2 PERCENT THAT

WE HAD HOPED, BUT WE THINK WE'VE COME VERY CLOSE WITH THE -- THE WAY

IT IS MEASURED OUT WITH THE 1.7 AND THE 1.5 PERCENT. OBVIOUSLY WE

NEED -- WE KNOW WE NEED TO DO MORE, THESE ARE SUCH VALUED, VALUED

WORKERS BUT AT LEAST WE'RE MOVING IN THE RIGHT DIRECTION. SUNY

DOWNSTATE I KNOW HAS BEEN A VERY CONTENTIOUS ISSUE. THE GOOD NEWS

IS WE ALL HAVE EYES ON IT, I'M GLAD THERE IS FUNDING AND AN ADVISORY

COUNCIL SO THAT WE CAN HAVE A SERIOUS PLAN ON HOW TO MOVE FORWARD.

THE CDPAP, THE CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM, I,

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NYS ASSEMBLY APRIL 19, 2024

TOO, SHARE THE -- THE CAUTIONARY OPTION OR CAUTIONARY OPTIMISM THERE. I

THINK THAT ONE JUST BEGAN TO FOLLOW ITS OWN WEIGHT SO WE WILL ALL BE

WATCHING THIS AS WE GO FORWARD TO MAKE SURE THAT PEOPLE AND THEIR

FAMILIES AND THEIR LOVED ONES WILL CONTINUE TO BE SERVED LET'S HOPE IN A

-- IN A MORE EFFECTIVE WAY. I ALSO LOOK FORWARD TO ADDRESSING A WHOLE

HOST OF HEALTHCARE ISSUES IN LEGISLATION AS WE GO FORWARD INCLUDING

THROUGH HIGHER EDUCATION. WITH THAT MR. SPEAKER, I VOTE IN THE

AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MS. FAHY IN THE

AFFIRMATIVE.

MS. SHIMSKY TO EXPLAIN HER VOTE.

MS. SHIMSKY: THANK YOU, MR. SPEAKER. I SHARE

THE CONCERN OF MANY OF MY COLLEAGUES ABOUT THE RESTRUCTURING OF THE

CDPAP SYSTEM AND THE SALARIES FOR DSPS. WE OBVIOUSLY NEED TO

CONTINUE LOOKING AT THESE SITUATIONS AND OTHERS PRESENTED BY THIS

BUDGET VERY CAREFULLY AND PROMPTLY TO ENSURE THAT WE DON'T HAVE ANY

ADVERSE UNINTENDED CONSEQUENCES. BUT THIS IS A VERY TOUGH BUDGET

YEAR WITH THE END OF COVID AID AND SO MUCH UNDERFUNDING IN SO

MANY AREAS IN OUR HEALTHCARE SYSTEM, MANY OF WHICH WERE CHRONIC

OVER THE COURSE OF MANY YEARS. ACTUALLY, IT'S A NEAR MIRACLE THAT WE'VE

ACCOMPLISHED AS MUCH AS WE HAVE IN THIS BUDGET. AND FOR THAT REASON

I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. SHIMSKY IN THE

AFFIRMATIVE.

MR. GOODELL TO EXPLAIN HIS VOTE.

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NYS ASSEMBLY APRIL 19, 2024

MR. GOODELL: THANK YOU, SIR. YESTERDAY, TODAY,

AND HOPEFULLY NOT TOMORROW BUT POSSIBLY TOMORROW WE'LL BE VOTING ON

THE BUDGET AND WHAT'S INTERESTING TO ME IS THAT THERE ARE HUGE PORTIONS

OF THE STATE BUDGET THAT WE DON'T VOTE ON, AT LEAST NOT DIRECTLY. AND SO

WE HAVE AS AN EXAMPLE, A STATE-APPROVED, VOTER-APPROVED DEBT, IT'S A

VERY SMALL FRACTION OF OUR DEBT, AND THEN WE HAVE AGENCY DEBT THAT WE

AUTHORIZE THAT'S NOT CARRIED ON OUR BOOKS, THAT RUNS TO HUNDREDS OF

MILLIONS. AND LIKEWISE, NEW YORK CITY AS AN EXAMPLE HAS A

CONSTITUTIONAL DEBT CAP. A CONSTITUTIONAL DEBT CAP. YET, THIS

LEGISLATURE AUTHORIZED AN AGENCY TO BORROW ON BEHALF OF NEW YORK

CITY AND THIS BUDGET INCREASED THEIR BORROWING OVER THE NEXT TWO YEARS

FROM 13 BILLION TO 24 BILLION OFF THE BOOKS, NOT PART OF THE CITY'S DEBT

AUTHORIZED BY US. AND WHAT WE'RE DOING HERE TODAY WHEN WE

AUTHORIZE FREE HEALTH, FREE HOSPITALIZATION FOR EVERYONE WHO MAKES UP

TO FOUR TIMES THE POVERTY LEVEL, WHICH IS WHAT WE DO BECAUSE WE SAY

HOSPITALS CANNOT COLLECT ON IT, IS WE FORCE A MASSIVE TAX INCREASE THAT

DOESN'T GO THROUGH OUR BUDGET. SO HCRA, WHICH FUNDS THE BAD DEBT

AND CHARITY POOL, HCRA RAISES 6 BILLION, BILLION, IN TAX REVENUE THAT

WE'VE AUTHORIZED. IT'S OFF OUR BOOKS, 6 BILLION. THAT'S LIKE THE FOURTH

LARGEST SOURCE OF TAX REVENUE IN THE STATE OF NEW YORK IS OFF OUR

BOOKS, IT'S PART OF HCRA. IF YOU GO TO A HOSPITAL THERE'S A 9 PERCENT

SALES TAX, A HOSPITAL CHARGES ANOTHER 1 PERCENT. YOU BUY A HEALTH

INSURANCE PLAN, THERE'S $1 BILLION SURCHARGE ON HEALTH INSURANCE PLANS.

AND BY SAYING THAT HOSPITALS MUST PROVIDE FREE HOSPITALIZATION FOR

EVERYONE WHO MAKES UP TO FOUR TIMES THE POVERTY LEVEL, WE'RE DRIVING

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NYS ASSEMBLY APRIL 19, 2024

UP THOSE COSTS DRAMATICALLY. THANK YOU, SIR. I VOTE AGAINST THIS

BUDGET.

ACTING SPEAKER AUBRY: MR. BURDICK TO

EXPLAIN HIS VOTE.

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

OPPORTUNITY TO EXPLAIN MY VOTE. LIKE SO MANY HERE I, TOO, SHARE THE

CONCERNS ABOUT THE SUBSTANTIAL CHANGES IN THE CDPAP PROGRAM AND WE

NEED TO BE AS A BODY LASER-FOCUSED ON OUR OVERSIGHT OBLIGATIONS IN

ENSURING THAT THIS NEW PLAN ACTUALLY ROLLS OUT IN THE WAY THAT IT'S BEING

PROMISED. AND PART OF THAT IS TO ENSURE THAT THE REQUEST FOR PROPOSAL IS

REALLY WATCHED AND TAKEN A VERY HARD LOOK AT TO ENSURE THAT IT DOES IN

FACT INCORPORATE ALL OF THE ASPECTS THAT WE'RE MOST CONCERNED WITH;

LANGUAGE, CULTURAL ASPECTS, HOW IT'S GOING TO IMPACT THOSE THAT ARE

BEING SERVED. I AM PLEASED TO HEAR THAT THE RFP PROPOSAL IS GOING TO

BE ROLLED OUT THROUGH THE DEPARTMENT OF HEALTH AND WE HAVE TO BE SURE

THAT WE CONTINUE TO FOLLOW THAT THROUGH. AND I AM PLEASED WITH THE

SIGNIFICANT POSITIVE ASPECTS OF THIS PROPOSAL. INCREASES IN SUPPORT OF

HOSPITALS AND NURSING HOMES, LONG OVERDUE AND VERY MUCH WELCOME.

AND WHILE THE INCREASES IN COLA ARE MUCH LESS THAN WE WOULD HAVE

WANTED, AT LEAST WE HAVE EMBARKED ON THAT PATH AND WE NEED TO BUILD

UPON THAT GOING FORWARD.

I THANK THE SPEAKER AND THE STAFF FOR DOING A

TREMENDOUS JOB IN PUTTING TOGETHER THIS HIGHLY COMPLEX BUDGET AND I

WILL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BURDICK IN THE

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NYS ASSEMBLY APRIL 19, 2024

AFFIRMATIVE.

MS. SIMON TO EXPLAIN HER VOTE AND CLOSE.

MS. SIMON: THANK YOU, MR. SPEAKER. JUST BRIEFLY,

I THINK I'M ECHOING A LOT OF MY COLLEAGUES ABOUT THE CONCERNS AROUND

WHAT WE'RE DOING WITH THE CDPAP PROGRAM. WE DO NEED TO REIGN IN

COST, BUT WE REALLY SHOULD BE GIVING THOUGHT TO THIS AND PLANNING THIS

OUT OVER I BELIEVE AT LEAST TWO YEARS. BUT WE ARE IN FACT GOING TO BE

MAKING A LOT OF EFFORT THAT WILL REALLY MAKE A DIFFERENCE TO ENSURE THAT

PEOPLE ARE GETTING THE CULTURALLY COMPETENT CARE THAT THEY NEED AND TO

GET THE CARE THAT THEY NEED AND THAT WE WILL BE PAYING THE WORKERS

WHAT IT IS THAT THEY ARE ENTITLED TO IN TERMS OF THE COST OF LIVING

INCREASE. I ALSO WANT TO EXPRESS MY GRATITUDE THAT WE ARE FINDING OUR

WAY OUT OF THE ISSUE WITH DOWNSTATE AND WE WILL -- ARE PLANNING AND

HAVE A PLAN A PLACE -- IN PLACE A PLAN THAT WILL ENSURE THAT WE HAVE

SUSTAINABILITY OF THE HEALTHCARE IN CENTRAL BROOKLYN WHICH IS A

SYSTEMICALLY-DISADVANTAGED POPULATION AND A HOSPITAL THAT PROVIDES

SOME VERY IMPORTANT SERVICES TO EVERYONE IN OUR BOROUGH, INCLUDING

THE LEVEL 4 NICU CENTER WHICH IS THE ONLY ONE WE HAVE.

SO I WILL BE VOTING IN FAVOR OF THIS AND I'M LOOKING

FORWARD TO MOVING ON TO THE NEXT BILL. THANK YOU.

ACTING SPEAKER AUBRY: MS. SIMON IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THIS BILL IS PASSED.

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MR. GOODELL.

MR. GOODELL: SIR, I WAS JUST BEGINNING TO READ

THIS 1,400 PAGE BILL. I'M ON PAGE 1.

(LAUGHTER)

ACTING SPEAKER AUBRY: I DON'T THINK WE

ALLOW PROPS, BUT I DON'T KNOW IF THAT STANDS AT THAT.

MR. GOODELL: SIR, WOULD YOU CALL ON MR. NORRIS

FOR A MUCH MORE HELPFUL ANNOUNCEMENT?

ACTING SPEAKER AUBRY: MR. NORRIS FOR THE

PURPOSES OF A ANNOUNCEMENT.

MR. NORRIS: THANK YOU, MR. SPEAKER. THERE WILL

BE AN IMMEDIATE REPUBLICAN CONFERENCE VIA ZOOM.

ACTING SPEAKER AUBRY: AN IMMEDIATE

REPUBLICAN CONFERENCE VIA ZOOM.

MRS. PEOPLES-STOKES.

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

ON MR. JACOBSON FOR THE PURPOSES OF AN ANNOUNCEMENT AS WELL.

ACTING SPEAKER AUBRY: MR. JACOBSON FOR THE

PURPOSES OF AN ANNOUNCEMENT.

MR. JACOBSON: I HAVE A SURPRISE FOR THE MAJORITY.

WE'RE GOING TO HAVE CONFERENCE IMMEDIATELY FOLLOWING THIS SESSION AS

FAR AS DURING THE BREAK AND IT WILL BE IN THE SPEAKER'S CONFERENCE

ROOM. FIRST TIME THIS YEAR IN THE SPEAKER'S CONFERENCE ROOM.

ACTING SPEAKER AUBRY: CONFERENCE IN THE

SPEAKER'S CONFERENCE ROOM.

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MRS. PEOPLES-STOKES.

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

PLEASE PUT OUR HOUSE AT EASE?

ACTING SPEAKER AUBRY: THE HOUSE WILL STAND

AT EASE, MAJORITY TO THE SPEAKER'S CONFERENCE ROOM.

(WHEREUPON, AT 5:02 P.M. THE HOUSE STOOD AT EASE)

* * * * *

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

PLEASE CALL THE HOUSE BACK TO ORDER?

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

BACK TO ORDER.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, SIR.

MEMBERS HAVE ON THEIR DESKS A B-CALENDAR. I WOULD LIKE TO MOVE

NOW TO ADVANCE THAT B-CALENDAR.

ACTING SPEAKER AUBRY: ON MRS.

PEOPLES-STOKES' MOTION THE B-CALENDER IS ADVANCED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, SIR. WE'RE

GOING TO BEGIN OUR EVENING PROCESS ON THIS -- COMPLETING OUR BUDGET

PROCESS WITH RULES REPORT NO. 37 ON PAGE 3 OF THAT B-CALENDAR.

ACTING SPEAKER AUBRY: PAGE 3, RULES REPORT

NO. 8803-D, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08803-D, RULES

REPORT NO. 37, BUDGET BILL. AN ACT MAKING APPROPRIATIONS FOR THE

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NYS ASSEMBLY APRIL 19, 2024

SUPPORT OF GOVERNMENT AID TO LOCALITIES.

ACTING SPEAKER AUBRY: GOVERNOR'S MESSAGE

IS AT THE DESK, THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

KATHY HOCHUL, GOVERNOR.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. WEINSTEIN.

MS. WEINSTEIN: MR. SPEAKER, THIS IS THE AID TO

LOCALITY BUDGET. IT IS FOR OUR STATE FISCAL YEAR '24-'25 AND IT INCLUDES

AN ALL-FUNDS APPROPRIATION, 215 -- 215.6 BILLION. THE ENACTMENT OF

THIS LEGISLATION IS NECESSARY FOR LOCAL ASSISTANCE PAYMENTS. THE BILL

AUTHORIZES DISBURSEMENTS OF UP TO 87.5 BILLION FROM THE GENERAL FUND

AND UP TO 215.6 BILLION, AS I MENTIONED, ON AN ALL-FUNDS BASIS.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL CHAIR

WEINSTEIN YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. RA: THANK YOU. SO LET'S START WITH SOME OF THE

GENERAL PICTURE OF THIS BUDGET. THE -- THE MEMBERS NOTE THAT THEY HAVE

BEEN PASSED OUT A FINANCIAL PLAN. SO CAN WE JUST GO THROUGH AGAIN

THOSE NUMBERS? HOW MUCH THIS BUDGET SPENDS ON AN ALL-FUNDS BASIS

AND HOW THAT COMPARES TO THE CLOSEOUT OF THE PREVIOUS FISCAL YEAR AND

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NYS ASSEMBLY APRIL 19, 2024

THE GOVERNOR'S EXECUTIVE PROPOSAL.

MS. WEINSTEIN: CERTAINLY. SO ALL-FUNDS 236.8

BILLION, WHICH IS AN INCREASE OF 4 BILLION OVER THE EXECUTIVE'S PROPOSAL

AND 1.9 BILLION OR .8 PERCENT OVER FISCAL YEAR '23-'24. WOULD YOU LIKE

ME TO EXPLAIN HOW WE GET TO THAT NUMBER?

MR. RA: SURE, THAT WOULD BE GREAT.

MS. WEINSTEIN: OKAY. SO IT'S LARGELY ATTRIBUTED TO

AN ADDITIONAL 1.3 BILLION SPENDING IN MEDICAID, 524 MILLION

COMMITMENT TO SCHOOL AID, 300 MILLION IN HUMAN SERVICES, 219

MILLION IN HIGHER EDUCATION, 60 MILLION IN PUBLIC PROTECTION AND 80

MILLION AID TO LOCALITIES.

MR. RA: OKAY, GREAT. AND CAN YOU GIVE ME THE

NUMBERS ON WHAT'LL BE THIS ENACTED BUDGET ON A STATE OPERATING FUND

BASIS COMPARED -- AND THAT COMPARED TO LAST YEAR AS WELL AS THE

EXECUTIVE?

MS. WEINSTEIN: SO WANT ME TO DO STATE FUNDS AND

STATE OPERATING?

MR. RA: PLEASE.

MS. WEINSTEIN: OKAY. SO STATE FUNDS IS 170 --

I'M SORRY, 147.2 BILLION, WHICH IS AN INCREASE OF 2.8 BILLION OVER THE

EXECUTIVE, AND 4 BILLION OR 2 PERCENT OVER FISCAL YEAR '23-'24. ON STATE

-- FOR STATE FUNDS, STATE OPERATING FUNDS IT'S 131.9 BILLION, WHICH IS AN

INCREASE OF 2.7 BILLION OVER THE EXECUTIVE'S ESTIMATE AND 3.4 BILLION OR

2.7 PERCENT OVER FISCAL YEAR '23-'24.

MR. RA: OKAY. AND JUST FOR THE RECORD, BECAUSE I

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NYS ASSEMBLY APRIL 19, 2024

KNOW WE DID TALK ABOUT THIS IN COMMITTEE, BUT WE DO NOT KNOW AT THIS

POINT IN TERMS OF OUT-YEAR GAPS?

MS. WEINSTEIN: NOT -- NOT YET AT THIS TIME.

MR. RA: OKAY. AND I WOULD NOTE FOR -- FOR THE

RECORD, THE GOVERNOR'S EXECUTIVE HAD A CUMULATIVE DEFICIT OF ABOUT

$20 BILLION SO WE WILL LOOK FORWARD TO HAVING THAT INFORMATION TO

KNOW WHERE WE STAND GOING FORWARD.

MS. WEINSTEIN: IT -- IT WILL BE SOMEWHAT SIMILAR,

BUT I DON'T THINK PROBABLY NOT THE EXACT NUMBER.

MR. RA: OKAY, THANK YOU. IN TERMS OF RESERVE

FUNDS. ARE ANY DEPOSITS BEING MADE INTO RESERVE FUNDS IN THIS ENACTED

BUDGET?

MS. WEINSTEIN: THERE IS NO -- NO CHANGE IN

RESERVE FUNDS BUT WE ARE USING 263 MILLION TO CLOSE OUT THIS YEAR.

MR. RA: USING 263 MILLION TO CLOSE OUT THIS YEAR?

MS. WEINSTEIN: CORRECT.

MR. RA: IS THAT WHAT YOU SAID? OKAY. AND CAN YOU

TELL ME HOW MUCH WE HAVE IN OUR PRINCIPAL RESERVE FUNDS AT THIS POINT?

MS. WEINSTEIN: SO IT'S -- IT'S UNCHANGED FROM THE

EXECUTIVE BUDGET --

MR. RA: OKAY. AND --

MS. WEINSTEIN: THE TOTAL -- I'M SORRY, THE TOTAL

WOULD BE ABOUT 28 MILLION. THOUGH SOME OF THAT IS RESTRICTED.

MR. RA: YES, AND DO YOU HAVE THAT -- WHAT'S IN THE

RAINY DAY, WHAT'S IN THE TAX STABILIZATION AND WHAT'S IN ECONOMIC

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NYS ASSEMBLY APRIL 19, 2024

UNCERTAINTIES?

(PAUSE)

MS. WEINSTEIN: SO THE TAX STABILIZATION RESERVE

FUND IS 1. -- 1,018,000,000. THE STATUTORY RAINY RESERVE FUND IS

4,638,000,000.

MR. RA: AND ECONOMIC UNCERTAINTIES?

MS. WEINSTEIN: AN ECONOMIC UNCERTAINTY IS

13,000,000,782 AND THE OTHER LARGE ONE IS RESERVED FOR THE TIMING OF

PIT CREDITS IS 14 BILLION.

MR. RA: THANK YOU. YOU MENTIONED THE RESERVE

FUNDS THAT WE USE TO CLOSE OUT THIS BUDGET. ARE THERE ANY RESERVE FUNDS

THAT ARE BEING USED FOR ADDITIONAL SPENDING IN THIS ENACTED BUDGET FOR

FISCAL YEAR 2025?

MS. WEINSTEIN: NO, THERE ARE NOT.

MR. RA: OKAY. AND THEN LASTLY, THE $500 MILLION

FROM THE ECONOMIC UNCERTAINTY FUND THAT WAS TO BE TRANSFERRED IN FISCAL

YEAR 2026 FOR MIGRANT COST. IS THAT IN THIS ENACTED BUDGET?

MS. WEINSTEIN: THAT PROPOSAL IS UNCHANGED FROM

THE EXECUTIVE.

MR. RA: OKAY. THANK YOU.

MS. WEINSTEIN: THAT IS -- YOU KNOW, THAT IS FOR

FISCAL YEAR '26 --

MR. RA: YES.

MS. WEINSTEIN: -- NOT AS YOU MENTIONED, YES.

MR. RA: AND THAT'S REFLECTED IN THE TOTAL MIGRANT

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NYS ASSEMBLY APRIL 19, 2024

SPENDING NUMBERS IN THIS BILL.

MS. WEINSTEIN: YES.

MR. RA: OKAY. ALL RIGHT. SO MOVING TO THIS AID TO

LOCALITIES BUDGET BILL ITSELF. HOW MUCH DOES THIS BILL APPROPRIATE IN

TOTAL?

MS. WEINSTEIN: SO THE TOTAL IS 215,574,014,000.

MR. RA: OKAY. AND THEN WHAT IS THE FISCAL IMPACT

OF THE BILL?

MS. WEINSTEIN: I'M -- I'M NOT SURE WHAT -- WHAT

YOU'RE LOOKING FOR.

MR. RA: WELL, THE -- THE ACTUAL AMOUNT TO BE SPENT.

I KNOW THERE'S APRIL -- THE CASH.

MS. WEINSTEIN: A HUNDRED AND EIGHTY-SIX

MILLION, FIVE HUNDRED AND ONE THOUSAND.

MR. RA: OKAY, THANK YOU. GOING THROUGH A COUPLE

OF THE PIECES OF THIS BILL. I WANT TO START WITH, THERE'S A $50 MILLION

APPROPRIATION OF NEW FUNDING TO ENSURE THAT LOW AND MODERATE INCOME

CUSTOMERS INCLUDING ON LONG ISLAND WILL FULLY ELECTRIFY THEIR HOMES

THROUGH NYSERDA DO NOT SPEND MORE THAN 6 PERCENT OF THEIR INCOME

ON ELECTRIC BILLS. SO HOW IS -- HOW IS THIS GOING TO WORK IN ORDER TO

ENSURE THAT, YOU KNOW, THE INDIVIDUAL DOESN'T SPEND MORE THAN THAT

PERCENTAGE, BUT TO MAKE SURE IT DOESN'T END UP BEING SPREAD TO ALL THE

OTHER RATEPAYERS IN -- IN THAT (INAUDIBLE)?

MS. WEINSTEIN: WELL, AS YOU MENTIONED THERE'S AN

APPROPRIATION SO IT GETS FUNDED THROUGH THE APPROPRIATION AND NOT

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THROUGH -- NOT BY RATEPAYERS.

MR. RA: OKAY. BUT IF -- IF THE AMOUNT OF PEOPLE

WHO COULD BE IMPACTED IN EXCESS OF THAT NUMBER, ARE THE -- ARE THE

UTILITIES STILL UNABLE TO CHARGE THEM MORE THAN THAT PERCENTAGE?

(PAUSE)

MS. WEINSTEIN: SO -- SO THE HOMEOWNER WOULD

FIRST HAVE TO GOTTEN A CAPITAL GRANT TO ELECTRIFY THEIR HOME AND THEN THIS

IS THE -- SORT OF THE ONGOING CHARGES WE FEEL THAT THAT AMOUNT IS MORE

THAN SUFFICIENT TO COVER ANYBODY WHO WOULD APPLY.

MR. RA: THANK YOU. EDUCATION. OBVIOUSLY

SOMETHING THAT WE'VE ALL TALKED A LOT ABOUT THIS YEAR. I -- I THINK WE'RE

ALL GLAD AND I'M SURE SCHOOL DISTRICTS THROUGHOUT THE STATE ARE RELIEVED

THAT WE HAVE REJECTED THE GOVERNOR'S ORIGINAL PROPOSAL WITH REGARD TO

FOUNDATION AID. AND MOVING FORWARD, YOU KNOW, WITH TRYING TO COME

UP WITH WHAT THE FORMULA IS GOING TO LOOK LIKE INTO THE FUTURE. SO

STARTING THERE, WE -- WHAT IS THE TOTAL AMOUNT OF RESTORATION IN

FOUNDATION AID IN THIS BILL?

(PAUSE)

MS. WEINSTEIN: SO WE -- SO THE SCHOOL YEAR

FUNDING WOULD TOTAL 35.9 BILLION, WHICH IS AN INCREASE OF 578.7 BILLION

OVER THE EXECUTIVE AND 1.3 BILLION OVER SCHOOL YEAR '23-'24. SO THIS

REINSTATEMENT OF -- WE ALSO REINSTATE THE HOLD HARMLESS PROVISION

PREVENTING THE LOSS OF 164 MILLION IN AID TO 337 DISTRICTS. WE HAVE AN

INFLATION FACTOR OF 2.8 PERCENT WHICH IS .4 PERCENT INCREASE OVER THE

EXECUTIVE'S PROPOSED INFLATION FACTOR. WE DEAL WITH THE DATA CHANGE,

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WHICH IS 179 MILLION AND AN INCREASE OF THE .91 MAXIMUM STATE

SHARING RATIO, WHICH IS 44 MILLION OVER '23-'24.

MR. RA: ALL RIGHT. AND AM I CORRECT IN ANOTHER

BUDGET BILL WE'LL SEE THE FUNDING FOR THE STUDY THAT HAS BEEN TALKED

ABOUT TO UPDATE THE FORMULA GOING FORWARD?

MS. WEINSTEIN: YES, THAT'LL BE IN STATE OPERATIONS.

MR. RA: OKAY. SO I THINK THAT'S -- THAT'S A GOOD START

IN TERMS OF THE FACT THAT WE TALKED ABOUT THIS WITH ENROLLMENT BUT WE'VE

TALKED ABOUT SO MANY OTHER FACTORS THAT COME INTO PLAY SO, YOU KNOW, I

LOOK FORWARD TO THAT HAPPENING AND -- AND REALLY LOOKING AT WHAT A --

WHAT A FORMULA SHOULD LIKE IN 2025 AND BEYOND.

AS WE MOVE INTO FUTURE YEARS, IS THERE ANYTHING ELSE

WE'RE DOING TO MITIGATE THE POTENTIAL OF ANOTHER PROPOSAL LIKE WE HAD

THIS YEAR THAT WOULD -- WOULD SEE CUTS TO DISTRICTS?

MS. WEINSTEIN: WELL, THAT IS THE -- THE PURPOSE, I

MEAN WE CAN -- I DON'T KNOW IF IT'LL ACTUALLY BE IN I GUESS THE ELFA

BILL, BUT THERE IS A STUDY THAT WILL BE CONDUCTED TO LOOK AT THE

FOUNDATION AID FORMULA AND THAT WOULD BE WITH THE REQUIREMENT THAT IT

COME BACK BY APRIL 1 OF 2025, MAYBE, OR BE -- BEFORE NEXT YEAR'S --

DECEMBER 1ST SO THAT BY APRIL 1ST -- SO BY THE TIME THE BUDGET IS DUE

WE'LL HAVE THAT FOUNDATION AID STUDY BACK.

MR. RA: OKAY. WITH REGARD TO SPECIAL EDUCATION

PROGRAM FUNDING. EACH YEAR WE HAVE A SERIES OF LINE ITEMS FOR A

NUMBER OF THE 4201 SCHOOLS, WHICH ASSISTS THEM WITH SOME OF THE

MEDICAL CARE AND THINGS THAT THEY PROVIDE TO STUDENTS. THOSE ARE ALL IN

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THE BUDGET BILL AS THEY HAVE BEEN IN THE PAST?

MS. WEINSTEIN: YES.

MR. RA: AND THEY'RE THE SAME TOTALS AS LAST YEAR?

MS. WEINSTEIN: THERE'S A -- THERE'S AN INCREASE FOR

THE 4201 SCHOOLS OF 1.5 MILLION.

MR. RA: YES. AND THAT'S -- IN TERMS OF THE GENERAL

FUNDING TO THE -- TO THE 4201 SCHOOLS, I WAS TALKING ABOUT THOSE

PARTICULAR LINE ITEMS --

MS. WEINSTEIN: YES.

MR. RA: -- I DON'T KNOW IF THEY ALL GET THEM BUT A

NUMBER OF THEM GET THEM.

MS. WEINSTEIN: RIGHT. THE LINE -- INDIVIDUAL LINE

ITEMS HAVE BEEN RESTORED.

MR. RA: OKAY. AND THEN, SO THERE'S AN INCREASE OF

1.5 MILLION OVERALL FOR 4201 SCHOOLS.

MS. WEINSTEIN: CORRECT.

MR. RA: IS THERE ANY DIRECT FUNDING FOR TEACHER

SALARY AT 4201 SCHOOLS? THEY'VE HAD, YOU KNOW, A LOT OF ISSUES

RETAINING STAFF AND THAT'S ONE OF THE THINGS THAT THEY HAVE BEEN ASKING

FOR IS SOME ASSISTANCE IN TEACHER RETENTION.

MS. WEINSTEIN: NOTHING -- NOTHING SPECIFIC BUT

IT'S HOPED THAT THAT 1.5 MILLION INCREASE WILL -- CAN ASSIST IN TEACHER

RETENTION AND HIRING.

MR. RA: OKAY, THANK YOU. IN TERMS OF THE FREE

SCHOOL MEALS PROGRAM. THERE'S AN INCREASE OVER LAST YEAR?

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MS. WEINSTEIN: THE -- THE PROGRAM REMAINS THE --

THE SAME. THERE'S JUST AN INCREASE BECAUSE OF INCREASED COSTS.

MR. RA: OKAY. SO DO WE -- SO DO WE BELIEVE THEN

ADDITIONAL SCHOOLS MIGHT NOT BE ABLE TO BE INCLUDED IF THIS IS JUST

KEEPING UP WITH THE COSTS?

MS. WEINSTEIN: ANY -- ANY SCHOOLS THAT WOULD

QUALIFY UNDER THE FORMULA WOULD BE ADDED INTO THIS SYSTEM.

MR. RA: OKAY, THANK YOU. DO WE -- DO WE HAVE A

SENSE AS NOW WE'VE GOTTEN THROUGH A YEAR OF FUNDING THAT HOW MANY

DISTRICTS ARE -- ARE NOT ABLE TO PROVIDE THE SCHOOL MEALS WITH THE

CURRENT APPROPRIATION AMOUNT?

MS. WEINSTEIN: I -- I BELIEVE THAT ANY -- ANYONE

THAT ANY SCHOOL DISTRICT THAT'S ELIGIBLE AND APPLIED HAS BEEN ABLE TO BE

FUNDED. IT PROVIDES FREE MEALS TO 2.35 MILLION STUDENTS IN 4,200

BUILDINGS.

MR. RA: OKAY. AND WITH REGARD TO NON-PUBLIC

SCHOOL FUNDING. THIS BUDGET PROVIDES SIGNIFICANT INVESTMENTS TO

STUDENTS WHO ATTEND NON-PUBLIC SCHOOLS. HOW WILL THE ADDITIONAL

FUNDING BE PROVIDED TO NON-PUBLIC SCHOOLS?

MS. WEINSTEIN: AS YOU SAID THERE -- THERE IS

SIGNIFICANT INCREASES. THERE'S A 1.9 MILLION INCREASE OVER THE

EXECUTIVE FOR NON-PUBLIC SCHOOL AID, WHICH IS A 24.9 MILLION INCREASE

OVER FISCAL YEAR '23-'24 FOR A TOTAL OF 241.1 MILLION. THERE'S A TOTAL OF

75.5 MILLION FOR NON-PUBLIC STEM, WHICH IS A 2.5 MILLION INCREASE.

THERE IS A $5 MILLION APPROPRIATION FOR NON-PUBLIC ARTS AND MUSIC, $1

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MILLION FOR THE STATE SCHOOL IMMUNIZATION PROGRAM, 500,000 FOR

ACADEMIC INTERVENTION SERVICES FOR NON-PUBLIC SCHOOLS FOR A TOTAL OF 1.4

MILLION. IN ADDITION, THE BUDGET PROVIDES 25 ADDITIONAL MILLION FOR

NON-PUBLIC SCHOOL HEALTH AND SAFETY PROJECTS, WHICH BRINGS THAT

PROGRAM TO A TOTAL OF 4 MILLION AND THERE'S INCREASED FUNDING FOR AFTER 4

P.M. SCHOOL TRANSPORTATION.

MR. RA: OKAY. AND HOW-- HOW IS THAT FUNDING

AWARDED? IS IT AN APPLICATION PROCESS? HOW IS IT AWARDED TO

NON-PUBLIC SCHOOLS?

MS. WEINSTEIN: MOST -- IT -- IT MAY DEPEND ON THE

PROGRAM, THE STEM PROGRAMS ARE I KNOW AND THE ARTS PROGRAM ARE

APPLICATION AS IS THE HEALTH AND -- THE NON-PUBLIC SCHOOL HEALTH AND

SAFETY PROJECTS. THE -- THE NON -- THE FIRST NUMBERS I GAVE, THE 241.1

MILLION RELATES TO THE COST OF -- OF THE SCHOOL, OF THOSE SCHOOLS, NOT

APPLICATION. IT COVERS THOSE MANDATED COSTS THAT WE ARE IMPOSED ON

THE SCHOOLS.

MR. RA: THANK YOU. IN TERMS OF PRIOR YEAR AID

CLAIMS, IS THERE ANYTHING DONE IN THIS BILL WITH REGARD TO THAT ISSUE?

MANY DISTRICTS HAVE, YOU KNOW, BEEN IN THE QUE FOR THIS FOR OVER A

DECADE HOPING TO HAVE THOSE COSTS COVERED.

MS. WEINSTEIN: UNFORTUNATELY THERE IS NOT

FUNDING FOR THAT.

MR. RA: OKAY, THANK YOU. WITH REGARD TO HIGHER

EDUCATION. WHAT -- WHAT DOES THIS DO WITH REGARD TO BASE AID SUPPORT

FOR COMMUNITY COLLEGES?

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MS. WEINSTEIN: SO FOR THE COMMUNITY COLLEGES,

WHICH ARE THE -- FOR THE CUNY AND SUNY COLLEGES, PROVIDES 13.3

MILLION FOR A COMMUNITY COLLEGE AID ABOVE THE 100 PERCENT FUNDING

FLOOR SO THAT IT COMES OUT TO THE 8 MILLION FOR SUNY FOR THE ACADEMIC

YEAR, 6 MILLION FOR THE FISCAL YEAR, CUNY IT'S 5.3 MILLION FOR THE

ACADEMIC YEAR, 4 MILLION FOR THE FISCAL YEAR.

MR. RA: OKAY. AND IS THERE ANYTHING WITH REGARD TO

OUR COMMUNITY COLLEGES? AS WE MAY KNOW YOU HAVE LOCAL SOURCES,

STATE SOURCES OF -- OF SUPPORT. IS THERE ANYTHING THAT ENCOURAGES LOCAL

SPONSORS TO INCREASE THEIR SUPPORT FOR -- FOR COMMUNITY COLLEGES?

MS. WEINSTEIN: NOTHING -- NOTHING IN -- IN THIS

BILL.

MR. RA: OKAY, THANK YOU. WITH REGARD TO HEALTH.

YOU KNOW, WE TALKED EARLIER ABOUT OUR MEDICAID SPENDING. DO WE

KNOW THE BREAKOUT OF FEDERAL, STATE AND LOCAL SOURCES OF MEDICAID?

(PAUSE)

MS. WEINSTEIN: I KNOW THAT IT INCREASES. DO YOU

WANT THE ACTUAL NUMBERS?

MR. RA: IF YOU HAVE THEM.

MS. WEINSTEIN: HOLD ON ONE MOMENT.

MR. RA: SURE. AND -- AND IF YOU WANT TO ANSWER

WHILE YOU'RE -- WHILE YOU'RE WAITING --

MS. WEINSTEIN: SURE.

MR. RA: THE OTHER QUESTION I HAVE IS WE'RE USING A

ONE-YEAR MEDICAID APPROPRIATION AS OPPOSED TO A TWO-YEAR. IS THERE A

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NYS ASSEMBLY APRIL 19, 2024

SPECIFIC REASON FOR THAT APPROACH?

MS. WEINSTEIN: I -- I THINK THERE WAS JUST A

DECISION THAT IT WOULD BE LESS CONFUSING AND MORE TRANSPARENT TO JUST

DO A ONE-YEAR.

MR. RA: IF YOU'D LIKE, YOU CAN DO THAT OFFLINE --

MS. WEINSTEIN: SURE.

MR. RA: -- RATHER THAN LOSE ALL THE TIME. LASTLY WITH

REGARD TO HEALTH. IS THERE ANY FUNDING FOR HEALTH HOMES IN THIS BUDGET

BILL?

MS. WEINSTEIN: THERE'S NO CHANGE TO THAT

PROGRAM.

MR. RA: OKAY, THANK YOU. WITH REGARD TO THE

MIGRANT SPENDING.

MS. WEINSTEIN: YES.

MR. RA: SO WE HAVE 1.9 BILLION THAT WAS SPENT IN THE

CURRENT FISCAL YEAR. WE -- WE HAVE A TOTAL OF 2.5 BILLION IN THIS BUDGET?

MS. WEINSTEIN: TWO POINT FOUR BILLION.

MR. RA: I'M SORRY. SO DO WE EXPECT THAT TO BE THE

NUMBER OR DO WE EXPECT IT TO GO UP, BECAUSE LAST YEAR WE APPROPRIATED,

AS YOU KNOW, A BILLION AND WE ENDED UP -- UP -- UPWARDS OF 1.9 BILLION

ONCE IT WAS ALL SAID AND DONE. SO DO WE THINK THAT SOMETHING SIMILAR

MIGHT HAPPEN THIS YEAR OR DO WE THINK THAT IS GOING TO BE SUFFICIENT TO

COVER THE COST FOR -- FOR THIS COMING FISCAL YEAR?

MS. WEINSTEIN: WELL, WE DON'T EXPECT IT TO BE A

HIGHER NUMBER THIS YEAR. WE THINK IT WAS THE UNIQUE SITUATION OF THE

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NYS ASSEMBLY APRIL 19, 2024

OPENING OF THE HRCS, WHICH HAD STATE MONEY THAT GENERATED THE NEED

FOR ADDITIONAL STATE MONEY.

MR. RA: OKAY. WE KNOW THAT THERE'S THE $500

MILLION FROM RESERVES FOR FISCAL YEAR 2026. DO WE HAVE A SENSE OF HOW

LONG WE BELIEVE THE STATE WILL BE COVERING THESE COSTS FOR NEW YORK

CITY IN TERMS OF GOING INTO OUR FUTURE BUDGET YEARS?

MS. WEINSTEIN: WELL, YOU KNOW, AS OF NOW ONLY

HALF OF LAST YEAR'S 1 BILLION HAS BEEN CLAIMED. SO WE'RE HOPING THAT THE

SITUATION WILL STABILIZE IN THE NEAR FUTURE.

MR. RA: OKAY. AND CAN YOU JUST -- I MEAN IN

GENERAL, DETAIL THE TYPE OF SERVICES THAT THIS BUDGET IS REIMBURSING NEW

YORK CITY FOR WITH RELATION TO THE MIGRANTS?

MS. WEINSTEIN: FOR -- FOR THE CITY IT'S -- IT'S REALLY

JUST THE -- THE SHELTER COSTS.

MR. RA: OKAY. AND ARE -- ARE ANY OTHER

MUNICIPALITIES THAT ARE SHELTERING MIGRANTS RECEIVING REIMBURSEMENTS?

(PAUSE)

MS. WEINSTEIN: SO OTHER -- OTHER LOCALITIES IN THE

STATE AREN'T REQUIRED TO PROVIDE SHELTER SO THEY'RE NOT HAVING THEIR

REIMBURSEMENT. IF IT WAS SUCH A REQUIREMENT, I ASSUME WE WOULD

PROVIDE THE REIMBURSEMENT.

MR. RA: OKAY. WITH REGARD TO THIS FUNDING MORE

GENERALLY, ARE THERE ANY CHANGES BEING MADE WITH REGARD TO OVERSIGHT,

APPROVAL OF CONTRACTS? WE'VE SEEN OBVIOUSLY A -- A NUMBER OF

INSTANCES WHERE -- WHERE THERE'S BEEN CONCERNS WITH -- WITH CERTAIN

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NYS ASSEMBLY APRIL 19, 2024

CONTRACTORS THAT THE CITY HAS CONTRACTED WITH. HAS THERE BEEN ANY --

ANY CHANGE WITH REGARD TO THAT? ANY ADDITIONAL OVERSIGHT BY THE

COMPTROLLER? ANY ADDITIONAL ACCOUNTABILITY MEASURES TO MAKE SURE

THESE FUNDS ARE BEING PROPERLY SPENT?

MS. WEINSTEIN: NOT ON -- THAT I'M AWARE OF BY THE

COMPTROLLER, NOT ON OUR LEVEL. THESE ARE REIMBURSEMENTS TO NEW

YORK CITY. SO IT IS VERY POSSIBLE THE NEW YORK CITY COMPTROLLERS

LOOKING AT SOME OF THESE COSTS.

MR. RA: OKAY. AND YOU SAID THAT ABOUT HALF OF THE

-- OF THE BILL WAS STILL AVAILABLE. SO DO YOU HAVE THAT ACTUAL NUMBER IN

TERMS OF WHAT NEW YORK CITY HAS BEEN REIMBURSED AS OF -- AS OF TODAY

FOR THOSE COSTS OVER THE LAST YEAR?

MS. WEINSTEIN: THEY'VE BEEN REIMBURSED THE 500

MILLION THAT I -- I MENTIONED. I WOULD JUST ADD THAT IT IS A

REIMBURSEMENT SYSTEM. IT'S NOT (INAUDIBLE). THE CLAIMS ARE -- ARE

VETTED, TOO, BEFORE THE MONEY GOES OUT.

MR. RA: OKAY, THANK YOU. TOTALLY DIFFERENT TOPIC

QUICKLY, THE UNEMPLOYMENT INSURANCE TRUST FUND.

MS. WEINSTEIN: YES.

MR. RA: THERE'S NOTHING IN THIS BUDGET TO DEAL WITH

THE UNEMPLOYMENT INSURANCE TRUST FUND DEBT; IS THAT CORRECT?

MS. WEINSTEIN: THAT'S CORRECT.

MR. RA: AND DO YOU -- DO YOU HAVE THE NUMBERS AS

TO HOW MUCH THE DEBT SITS AT TODAY?

MS. WEINSTEIN: SEVEN -- SEVEN-AND-A-HALF BILLION.

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NYS ASSEMBLY APRIL 19, 2024

MR. RA: OKAY. AND I KNOW LAST YEAR WE -- WE

TALKED ABOUT HOW LONG WE THOUGHT THAT MIGHT TAKE TO REPAY. DO WE

HAVE ANY SENSE AS TO WHAT THAT TIME FRAME LOOKS LIKE?

MS. WEINSTEIN: WE -- WE THINK AROUND 2028,

THOUGH OBVIOUSLY IF WE GOT SOME FORGIVENESS FROM THE FEDERAL

GOVERNMENT, IT WOULD CLEAR UP MUCH SOONER.

MR. RA: OKAY. DO WE HAVE ANY REASON FOR HOPE

THAT -- I MEAN IT'S BEEN THREE YEARS OF THE -- AND IT HASN'T BEEN FORGIVEN,

DO WE HAVE ANY PARTICULAR SENSE THAT THEY MAY BE CONSIDERING DOING

THAT?

MS. WEINSTEIN: WE'LL KNOW BETTER ON NOVEMBER

6TH.

(LAUGHTER)

MR. RA: HOPE SPRINGS ETERNAL. THANK -- THANK YOU.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: YEAH, WE DON'T WANT TO GO TOO FAR DOWN

THERE. I MEAN I DON'T -- I DON'T KNOW. WE'LL -- WE'LL LEAVE THAT ASIDE FOR

NOW. YOU KNOW, I'M STILL IN TOO GOOD OF A MOOD BECAUSE OF LISTENING

TO A LOT OF TAYLOR SWIFT TODAY SO... JUST QUICKLY WITH REGARD TO THIS BILL

IN THE SHORT TIME I HAVE. LIKE I MENTIONED, A LOT OF GOOD, RIGHT?

RESTORATION TO SCHOOL AID ARE IMPORTANT, IT'S SOMETHING THAT HAD BROAD

BIPARTISAN SUPPORT. I DO WANT TO AGAIN MENTION OUR SPECIAL EDUCATION

SCHOOL PROGRAMS. AND FORTUNATELY YES, WE'RE INCREASING SUPPORT FOR

THEM WHICH IS GREAT, BUT I'D LIKE TO SEE THEM GET THE SAME TYPE OF

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SUPPORT AS OUR PUBLIC SCHOOL SYSTEM IN GENERAL GETS. THESE ARE -- THESE

ARE IN PARTICULAR 4201 SCHOOLS, THEY'RE SCHOOLS FOR -- FOR INDIVIDUALS

WITH LOW INCIDENCE DISABILITIES. IF YOU'VE NEVER VISITED ONE AND YOU

HAVE ONE NEAR YOUR REGION, GO VISIT IT. THEY'RE AMAZING, AMAZING

PLACES. SO I THINK WE NEED TO CONTINUE TO LOOK AT HOW WE CAN BETTER

SUPPORT THEM. AND -- AND ONE OF THOSE PIECES IS TEACHER RETENTION SO

THAT THEY CAN RETAIN STAFF, THOSE DEDICATED INDIVIDUALS THAT WANT TO

WORK WITH THOSE POPULATIONS. BUT THEN, YOU KNOW, WE LOOK AT SOME OF

THE OTHER THINGS IN THIS BILL, WE'RE LOOKING AT $2.4 BILLION GOING OUT THE

DOOR WITH REGARD TO MIGRANTS IN NEW YORK CITY. I DO THINK WE SHOULD

HAVE INCLUDED SOME MORE ACCOUNTABILITY MEASURES. GIVEN WHAT WE'VE

SEEN OVER THE LAST YEAR WITH REGARD TO THIS, MY COLLEAGUES ON MY SIDE

OF THE AISLE HAVE -- HAVE PUT FORTH A NUMBER OF PROPOSALS WITH RELATION

TO THAT. AS WE'VE SEEN IN ANY NUMBER OF INSTANCES, EMERGENCY

CONTRACTING GETS TO BE TRICKY BECAUSE, YEAH, SOMETIMES YOU NEED THOSE

SERVICES YESTERDAY, BUT IT -- IT DOES BECOME A -- A PRETTY GOOD EXCUSE TO

NOT HAVE THAT ACCOUNTABILITY AND TRANSPARENCY WHEN WE'RE SPENDING

MONEY. AND WHEN WE'RE TALKING ABOUT OVER $2 BILLION, I THINK WE

WANT TO -- WE WANT TO BE A LITTLE BIT MORE CAREFUL AND MAKE SURE THOSE

-- THOSE DOLLARS ARE BEING SPENT RESPONSIBLY.

SO I THANK -- I THANK MY COLLEAGUE, THE CHAIRWOMAN

FOR ANSWERING MY QUESTIONS. AND WE WILL STAY TUNED FOR THE LAST FEW

BILLS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. SLATER.

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MR. SLATER: THANK YOU, MR. SPEAKER. WILL THE

CHAIR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS, SIR.

MR. SLATER: THANK YOU, MADAM CHAIRMAN. I

APPRECIATE YOUR EFFORTS HERE TONIGHT, I HOPE YOU ENJOYED A LITTLE BIT OF

DINNER.

MS. WEINSTEIN: CERTAINLY.

MR. SLATER: I HAD JUST A FEW QUESTIONS STARTING

WITH HPNAP. CAN YOU TELL ME WHAT HPNAP IS USED FOR?

MS. WEINSTEIN: BASICALLY FOOD BANKS AND

PANTRIES.

MR. SLATER: AND CAN YOU TELL ME WHAT THIS

PROPOSAL DOES IN REGARDS TO HPNAP?

MS. WEINSTEIN: IT ADDS 23.25 MILLION ON TOP OF

THE BASE.

MR. SLATER: I'M SORRY. YOU SAID IT ADDS 23 --

MS. WEINSTEIN: YES.

MR. SLATER. -- POINT 2?

MS. WEINSTEIN: YES, 23.25.

MR. SLATER: VERY GOOD, VERY GOOD. THANK YOU, I

APPRECIATE THAT. I WANT TO PIVOT THEN IF WE CAN TO A TOPIC MY COLLEAGUE

WAS TALKING ABOUT, WHICH IS THE MIGRANT FUNDING FOR NEW YORK CITY.

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SO THERE WAS -- I JUST WANT TO MAKE SURE I UNDERSTAND BECAUSE THERE

WERE SOME NUMBERS BEING TOSSED ABOUT. CAN YOU TELL ME, AGAIN, HOW

MUCH TO DATE HAVE WE SPENT AS A STATE ON THE ONGOING MIGRANT CRISIS?

(PAUSE)

MS. WEINSTEIN: I MEAN THERE -- THERE HAVE BEEN

SOME VARIOUS -- VARIOUS EXPENDITURES. FOR EXAMPLE, THE NATIONAL

GUARD IN A -- IN A COUPLE OF INCIDENTS BUT PRIMARILY IT'S BEEN THE SHELTER

REIMBURSEMENT THAT I DISCUSSED WITH MR. -- MR. RA.

MR. SLATER: BUT DO WE HAVE A FIRM NUMBER TODAY

HOW MUCH MONEY THE STATE HAS HAD TO SPEND TO DEAL WITH THIS CRISIS,

BECAUSE I'VE SEEN A NUMBER FROM NEW YORK CITY, I'VE SEEN A NUMBER

FROM THE STATE COMPTROLLER, I'VE SEEN A NUMBER FROM THE GOVERNOR.

DO WE KNOW THE LEGITIMATE NUMBER THAT TAXPAYERS HAVE BEEN ASKED TO

SPEND HERE?

MS. WEINSTEIN: I WOULD SAY 1.295 BILLION.

MR. SLATER: 1.29, THANK YOU, I APPRECIATE THAT.

NOW THE EXECUTIVE IN HER FINANCIAL PLAN PUT OUT THAT THE STATE INTENDS

TO SPEND 4.3 BILLION THROUGH THE 2025-'26 FISCAL YEAR. DO YOU AGREE

WITH THAT NUMBER?

MS. WEINSTEIN: YES.

MR. SLATER: GREAT. NOW --

MS. WEINSTEIN: LET ME JUST SAY, THAT'S HOW MUCH

IT'S BEING BUDGETED FOR. IT MAY NOT ALL GET SPENT.

MR. SLATER: UNDERSTOOD. NOW ACCORDING TO THE

COMPTROLLER, MONTHLY SPENDING BY OTDA HAS DOUBLED IN THE FIRST

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THREE MONTHS OF THIS YEAR COMPARED WITH JULY THROUGH DECEMBER OF

LAST YEAR. CAN YOU TELL ME WHEN THAT INCREASE WAS APPROVED AND IS THAT

REFLECTIVE OF DOUBLING THE NUMBER OF MIGRANTS WHO HAVE BEEN BROUGHT

TO NEW YORK IN THAT TIME FRAME?

MS. WEINSTEIN: I -- UNFORTUNATELY I CAN'T GIVE YOU

THAT -- THAT CORRELATION BECAUSE OTDA PROVIDES FUNDING FOR A LOT OF

DIFFERENT PURPOSES. YOU KNOW, IT'S PUBLIC ASSISTANCE PRIMARILY SO, YOU

KNOW, IT'S -- THAT NUMBER CAN'T BE BROKEN DOWN, OR AT LEAST I DON'T HAVE

THE DATA TO BREAK IT DOWN TO --

MR. SLATER: ARE THEY REQUIRED TO PROVIDE THAT TO

US? I'M LOOKING AT THE COMPTROLLER'S WEBSITE RIGHT NOW, $253 MILLION

IN OCTOBER, NOVEMBER, DECEMBER AND THEN BEGINNING IN JANUARY THAT

NUMBER GOES TO 506 MILLION.

MS. WEINSTEIN: WE JUST GET THOSE -- THOSE

NUMBERS. THEY'RE NOT (INAUDIBLE) AGGREGATED.

MR. SLATER: AND WE AGAIN, JUST TO MAKE SURE I'M

CLEAR, WE CAN'T PREDICT, THERE'S NO INDICATOR THAT THE INCREASE IN

EXPENDITURES RELATED TO THE INCREASE IN NUMBER OF INDIVIDUALS WHO

HAVE BEEN BROUGHT TO NEW YORK STATE AS MIGRANTS.

MS. WEINSTEIN: I -- I CAN'T, YOU KNOW, GIVE YOU

FIGURES THAT WE DON'T --

MR. SLATER: UNDERSTOOD.

MS. WEINSTEIN: -- DON'T HAVE.

MR. SLATER: I UNDERSTAND. DO WE -- DO WE AT LEAST

KNOW HOW MANY MIGRANTS WE'RE CURRENTLY PROVIDING SERVICES TO?

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MS. WEINSTEIN: WELL, IT'S THE CITY THAT'S PROVIDING

THE SERVICES TO THE MIGRANTS. I DON'T HAVE THE -- THOSE FIGURES IN FRONT

OF ME.

MR. SLATER: I UNDERSTAND. BUT WE'RE REIMBURSING

THE CITY FOR THOSE SERVICES, CORRECT?

MS. WEINSTEIN: FOR SHELTERS. PRIMARILY FOR SHELTER

SERVICES.

MR. SLATER: SO IF WE'RE REIMBURSING THEM FOR THE

SHELTER SERVICES, DO WE KNOW HOW MANY MIGRANTS WE ARE PAYING THE

CITY TO SHELTER?

MS. WEINSTEIN: SO THE REIMBURSEMENT IS -- IS

BASED ON THE SHELTER. IT IS -- DOESN'T DELINEATE HOW MANY PEOPLE ARE IN

THAT SHELTER. IT'S NOT A PER PERSON REIMBURSEMENT. IT'S FOR THE SHELTER

ITSELF.

MR. SLATER: BUT WE REALLY -- YOU'RE TELLING ME YOU

REALLY HAVE NO IDEA HOW MANY MIGRANTS WE'RE HELPING RIGHT NOW.

MS. WEINSTEIN: I DON'T HAVE -- HAVE THAT

INFORMATION IN FRONT OF ME. I KNOW THE NUMBER CHANGES AND I KNOW

ON, I BELIEVE, A WEEKLY BASIS THE CITY PUTS OUT THE NUMBERS OF HOW

MANY ASYLUM SEEKERS HAVE COME INTO THE CITY, HOW MANY HAVE COME

INTO THE SYSTEM, HOW MANY LEFT THE SYSTEM, SO IT'S A FLUCTUATING

NUMBER.

MR. SLATER: OKAY, THANK YOU. SO IT'S MY

UNDERSTANDING THAT THE GOVERNOR HAS ISSUED MULTIPLE EXECUTIVE ORDERS

RELATED TO THIS CRISIS. CAN YOU TELL ME WHEN THE LAST EXECUTIVE ORDER

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WAS ISSUED?

MS. WEINSTEIN: I DON'T HAVE THAT INFORMATION

SINCE IT'S NOT PART OF THE BUDGET. YOU KNOW, MAYBE YOU HAVE IT, YOU

KNOW, MR. SLATER, BUT --

MR. SLATER: EARLIER THIS MONTH. BUT ONE OF THE

THINGS I'M WONDERING ABOUT, SINCE THE COMPTROLLER IS PROJECTING THOSE

EXPENDITURES IN 2026 AND THERE'S THIS PROPOSAL BEFORE US THAT INCREASES

FUNDING, DO WE ANTICIPATE THESE EMERGENCY DECLARATIONS TO CONTINUE?

IS THERE A NEED? SEEMS LIKE WE'RE DOING A GOOD JOB PLANNING. WE'RE

ALLOCATING DOLLARS, IT SEEMS LIKE YOU HAVE -- IT SEEMS LIKE YOU HAVE AN

IDEA AS TO WHAT THE DOLLARS ARE GOING FOR. I'M JUST TRYING TO ASCERTAIN

WHY THE GOVERNOR FEELS THE NEED TO MAKE SURE THAT SHE ISSUES ANOTHER

DECLARATION OF EMERGENCY DEALING WITH THIS ISSUE.

MS. WEINSTEIN: YOU KNOW, BECAUSE OF THE

INACTION IN -- IN CONGRESS, EVEN THOUGH THERE HAD BEEN A PROPOSAL THAT

I BELIEVE PASSED THE SENATE AND WAS KILLED IN THE -- IN THE HOUSE, WE

STILL HAVE AN ONGOING SITUATION. SO OBVIOUSLY, CHANGES OUT OF -- IF THAT

-- IF THERE WAS TO BE ACTION IN WASHINGTON, THAT COULD HELP RELIEVE

SOME OF THE ISSUES SO IT'S REALLY HARD TO -- TO BE ABLE TO PLAN WITH --

WITHOUT KNOWING WHAT'S HAPPENING.

MR. SLATER: UNDERSTOOD. LET ME ASK -- LET ME ASK

IF YOU COULD, I'M NOT SURE IF YOU KNOW, BUT ARE THERE ANY PROTOCOLS IN

PLACE RELATED TO RECEIVING, AND AGAIN I UNDERSTAND WHAT YOU'RE SAYING

THAT IT'S NEW YORK CITY, IT'S A (INAUDIBLE) NEW YORK CITY, WE

REIMBURSE NEW YORK CITY, BUT FOR THOSE WHO ARE BENEFITTING FROM

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STATE TAX DOLLARS, ARE THERE ANY PROTOCOLS IN PLACE FOR THE PEOPLE WHO

ARE RECEIVING THOSE SERVICES? DO WE PERFORM BACKGROUND CHECKS? DO

WE DO ANY VERIFICATION? DO WE COMMUNICATE WITH OUR FEDERAL

PARTNERS? ANY OF THOSE PROTOCOLS IN PLACE?

MS. WEINSTEIN: THE -- I BELIEVE THAT THE

OVERWHELMING MAJORITY OF -- OF PEOPLE ARE IN FACT ASYLUM SEEKERS,

WHICH MEANS THEY HAVE FILED PAPERWORK TO BE ABLE TO ENTER THE -- THE

COUNTRY BEFORE THEY COME TO NEW YORK.

MR. SLATER: RIGHT. I --

MS. WEINSTEIN: SO NEW YORK IS NOT DOING THAT --

IS NOT DOING THAT BUT THAT -- THOSE KIND OF CHECKS HAVE -- OR SOME OF

THAT INFORMATION HAS ALREADY TAKEN PLACE BEFORE THEY COME TO NEW

YORK STATE.

MR. SLATER: I UNDERSTAND THAT. UNFORTUNATELY,

ACCORDING TO THE BIDEN ADMINISTRATION, 80 PERCENT OF ASYLUM SEEKERS

ARE ACTUALLY BEING REJECTED ONCE THEY GET A COURT DATE, BUT WE DON'T

HAVE TO GO INTO THAT HERE. DO WE -- AND I ASKED THIS BEFORE BUT JUST TO

MAKE SURE I'M CLEAR. SO ONCE WE HAVE AN ASYLUM SEEKER IN ONE OF

THESE STATE-FUNDED SHELTERS, DO WE NOTIFY FEDERAL AUTHORITIES OF THAT

INDIVIDUAL?

MS. WEINSTEIN: I -- I DON'T BELIEVE SO.

MR. SLATER: OKAY. AND DO WE -- AS A STATE, DO

WE PARTICIPATE IN ANY OF THE FEDERAL PROGRAMS LIKE SAVE, WHICH IS

ADMINISTERED BY THE US CITIZENSHIP AND IMMIGRATION SERVICE AGENCY?

MS. WEINSTEIN: NOT THAT I'M AWARE OF.

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MR. SLATER: UNDERSTOOD. AND LIKE I WAS -- WE --

WE JUST TOUCHED ON THIS. THERE'S A REJECTION RATE OF 80 PERCENT

ACCORDING TO THE BIDEN ADMINISTRATION, AND THESE COURT DATES THAT

WE'VE SEEN YEARS AWAY, SOME ALMOST TEN.

MS. WEINSTEIN: YOU KNOW --

MR. SLATER: BUT MY QUESTION, MADAM CHAIR --

MS. WEINSTEIN: SURE.

MR. SLATER: DO WE PROVIDE ANY TYPE OF ASSISTANCE

TO MAKE SURE THAT THOSE ASYLUM SEEKERS WHO ARE BENEFITTING FROM STATE

TAX DOLLARS, ARE WE ENSURING THAT THEY'RE COMPLYING WITH THOSE COURT

DATES ONCE THEY ARRIVE?

MS. WEINSTEIN: I DON'T HAVE THAT INFORMATION, YOU

KNOW, BUT AGAIN, TO COMPLAIN ABOUT THE DELAY IN HEARINGS WHILE AT THE

SAME TIME COLLEAGUES ARE IN WASHINGTON PREVENTING INCREASED HEARING

OFFICERS IS, YOU KNOW I THINK IS A LITTLE DISINGENUOUS. I'LL JUST LEAVE IT AT

THAT.

MR. SLATER: I HEAR WHAT YOU'RE SAYING AND I

APPRECIATE IT. I APPRECIATE YOU ANSWERING MY QUESTIONS, AS ALWAYS. I

KNOW IT'S A LONG DAY AND I KNOW IT'S A TOUGH SUBJECT, BUT THANK YOU

VERY MUCH.

MR. SPEAKER, ON THE BILL WITH MY REMAINING TIME IF I

-- IF I MAY.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. SLATER: THANK YOU VERY MUCH. YOU KNOW,

THIS IS A -- A TOUGH TOPIC, I UNDERSTAND THAT, AND I THINK EVERYONE

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NYS ASSEMBLY APRIL 19, 2024

RECOGNIZES THAT THE FEDERAL GOVERNMENT IMMIGRATION SYSTEM IS BROKEN

BUT IT DOESN'T MEAN THAT WE NEED TO SIT HERE SITTING ON OUR HANDS DOING

NOTHING. NOW WE'RE GIVING A LOT OF MONEY TO NEW YORK CITY, A LOT OF

MONEY TO PROVIDE SERVICES TO PEOPLE WHO ARE HERE EITHER AS ASYLUM

SEEKERS, ILLEGALLY, MIGRANTS, WHATEVER PHRASE YOU WANT TO USE, BUT

ACCORDING TO THE BIDEN ADMINISTRATION AGAIN, THEIR STATISTICS, NOT MINE,

80 PERCENT ARE REJECTED. AND WHEN YOU'RE LOOKING AT HOW MUCH

MONEY WE'RE SPENDING ON THIS PARTICULAR ISSUE, BILLIONS OF DOLLARS,

BILLIONS OF STATE TAXPAYER MONEY, I JUST WONDER WHAT THE MESSAGE THAT

WE'RE SENDING IS, BECAUSE WE ALREADY HAVE THE HIGHEST TAX BURDEN IN

THE COUNTRY. WE ALREADY HAVE THE WORST ECONOMIC OUTLOOK IN THE

COUNTRY. BUT REALLY WHAT WE'RE DOING, AND I KNOW MY COLLEAGUES ON

THE OTHER SIDE WON'T AGREE WITH THIS, BUT WHAT WE'RE DOING IS WE'RE

INCENTIVIZING ILLEGAL IMMIGRATION, AND IT'S PROBLEMATIC AND IT'S VERY,

VERY UNFAIR I BELIEVE TO HARD-WORKING TAXPAYERS, SOME OF WHICH ARE

WORKING TWO OR THREE JOBS JUST TO STAY IN NEW YORK, TO RAISE THEIR

FAMILIES. AND IF YOU LOOK AT HOW WE'RE SPENDING MONEY JUST IN THIS

BUDGET ALONE, OUR INVESTMENT IN CHILDCARE THAT'S IN THIS VERY BILL IS LESS

THAN WHAT WE'RE SPENDING ON THE MIGRANT CRISIS. THE AMOUNT THAT WE

ACTUALLY ALLOCATED IN CHIPS IS FOUR TIMES LESS THAN WHAT WE'RE

SPENDING ON THE MIGRANT CRISIS. WE'RE SPENDING MORE ON THE MIGRANT

CRISIS IN THIS BUDGET THAN WE ARE IN MENTAL HEALTH INVESTMENTS AND

SPENDING MORE ON MIGRANTS THAN THE INCREASED FUNDING FOR PUBLIC

SCHOOLS. FOR THESE REASONS, I SIMPLY CANNOT SUPPORT AND I WILL NOT

SUPPORT THIS BILL. WE ARE SENDING THE WRONG MESSAGE TO NEW YORKERS.

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THEY ARE -- THEY ARE OVERWORKED TRYING TO SURVIVE HERE, TRYING TO DEAL

WITH THE CRUSHING TAX BURDEN AND I THINK WE SHOULD BE TAKING CARE OF

THEM FIRST AND FOREMOST. SO MR. SPEAKER, I WILL BE IN THE NEGATIVE.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL.

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

CALLING ON MR. NORRIS FOR A MOMENT?

ACTING SPEAKER AUBRY: NOT AT ALL.

MR. NORRIS.

MR. NORRIS: THANK YOU, MR. SPEAKER. THERE WILL

BE AN IMMEDIATE MEMBERS-ONLY REPUBLICAN CONFERENCE IN THE PARLOR.

ACTING SPEAKER AUBRY: REPUBLICAN

CONFERENCE IN THE PARLOR.

MRS. PEOPLES-STOKES.

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

ALSO BE AN IMMEDIATE DEMOCRATIC CONFERENCE IN THE SPEAKER'S

CONFERENCE ROOM AND IF YOU WOULD PUT OUR HOUSE AT EASE, PLEASE.

ACTING SPEAKER AUBRY: DEMOCRATIC

CONFERENCE SPEAKER'S CONFERENCE ROOM AND IN THE MEANTIME THE

HOUSE WILL STAND AT EASE.

(WHEREUPON, AT 8:02 P.M. THE HOUSE STOOD AT EASE)

* * * * *

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

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NYS ASSEMBLY APRIL 19, 2024

COULD PLEASE CALL THE HOUSE BACK TO ORDER SO THAT WE MAY RESUME OUR

DEBATE.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

BACK TO ORDER.

MR. DURSO.

MR. DURSO: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

MS. WEINSTEIN: YES, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS, SIR.

MR. DURSO: THANK YOU, MS. WEINSTEIN. I

APPRECIATE IT. SO I JUST HAVE A COUPLE QUICK QUESTIONS STARTING WITH THE

$5.3 MILLION FOR THE BUFFALO BILLS. IN THE CAPITAL BUDGET THERE WAS

$2.3 MILLION IN FOR THE BUFFALO BILLS. THIS ONE SAYS RETENTION. COULD

YOU EXPLAIN THAT, THE DIFFERENCES BETWEEN THE MONEYS AND WHAT THEY'RE

FOR?

(PAUSE)

MS. WEINSTEIN: IT'S -- IT'S NOTHING NEW. IT'S AN

ANNUAL APPROPRIATION.

MR. DURSO: I'M SORRY, MA'AM?

MS. WEINSTEIN: IT'S -- IT'S NOT -- IT'S AN ANNUAL

APPROPRIATION. IT'S NOT NEW THIS YEAR.

MR. DURSO: OKAY. SO BUT -- SO IT'S NOT DUE THIS

YEAR, THE $5.3 MILLION?

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: WELL, THERE IS NEW -- THERE IS 5 --

THERE'S 2.3 --

MR. DURSO: WELL, THERE'S 2.3 IN THE CAPITAL BUDGET

AND THERE'S $5.3 MILLION IN THIS PORTION OF THE BUDGET.

MS. WEINSTEIN: THIS IS FOR CONTRACTUAL OBLIGATIONS

THAT ARE ONGOING.

MR. DURSO: OKAY. WELL, FROM MY READING IT SAYS

RETENTION, IS THAT TO KEEP -- SO IT'S $5.3 MILLION TO HELP KEEP THE BUFFALO

BILLS IN NEW YORK STATE?

MS. WEINSTEIN: YES.

MR. DURSO: OKAY, THANK YOU. IN REGARDS TO

FOUNDATION AID, SO WE'LL JUMP TO THAT PART.

MS. WEINSTEIN: OKAY.

MR. DURSO: IT SAYS THERE'S $35.3 BILLION IN

FOUNDATION AID, WHICH I THINK IS ROUGHLY $1.3 BILLION MORE THAN LAST

YEAR; IS THAT CORRECT?

MS. WEINSTEIN: THAT -- THAT'S THE SCHOOL AID IN --

IN GENERAL, NOT JUST --

MR. DURSO: SCHOOL AID, I'M SORRY. EXCUSE ME,

MA'AM.

MS. WEINSTEIN: YES.

MR. DURSO: OKAY. DOES THE $1.3 BILLION KEEP UP

WITH THE RATE OF INFLATION?

MS. WEINSTEIN: UM...

MR. DURSO: YOU'RE SAYING IT'S $1.3 BILLION MORE

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FOR OUR SCHOOL AID. IS THAT EQUAL TO THE RATE OF INFLATION AS OF RIGHT

NOW?

MS. WEINSTEIN: IT'S -- I DON'T KNOW THAT IT'S EQUAL

TO THE RATE OF INFLATION BUT IT IS EQUAL TO WHAT THE RATE WE HAVE IT IS

GENERATING.

MR. DURSO: WHAT? I'M SORRY. CAN YOU SAY THAT

AGAIN? EQUAL TO THE RATE THAT...

MS. WEINSTEIN: WE HAVE THE INFLATION RATE AT 2.8

PERCENT FOR THE UPCOMING SCHOOL YEAR.

MR. DURSO: SO YOU HAVE IT AT 2.8 PERCENT BUT THIS

PAST YEAR IT WAS ROUGHLY AT 3.5 OR CURRENTLY AT 3.5? THAT'S MY

UNDERSTANDING. SO WE'RE HOPING THAT THE RATE OF INFLATION GOES DOWN.

MS. WEINSTEIN: WELL, WE DID HAVE A MUCH BIGGER

INCREASE LAST YEAR SO THIS IS THE NUMBER WE HAVE FOR THIS YEAR.

MR. DURSO: OKAY. SO IF IT -- IF FOR SOME REASON IT

DOESN'T GO DOWN TO THE 2.8, THE AMOUNT OF MONEY THAT THE SCHOOLS ARE

GETTING FOR SOME IF ANYTHING WOULD BE FLAT, CORRECT, IN REGARDS TO WHAT

THAT THEY GOT LAST YEAR? NOT AN INCREASE BUT AT LEAST FLAT.

MS. WEINSTEIN: YES. I MEAN -- YOU KNOW, THOSE

ARE THE DISTRICTS THE GOVERNOR HAD ORIGINALLY PROPOSED CUTTING SO THE

WILL BE -- WE INCLUDED THAT -- THE RESTORATION OF THE HOLD HARMLESS

PROVISION SO THAT WE'LL KEEP THEM -- MAY KEEP SOME OF THEM FLAT.

MR. DURSO: OKAY. AND THE HOLD HARMLESS

PROVISION IS STAYING WITHIN THE BUDGET AND WITH THE -- WITHIN THE

EDUCATION PORTION OF THE BUDGET THIS YEAR, CORRECT?

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: YES, FOR THIS YEAR AND I THINK I --

I'M NOT SURE WHO I SPOKE WITH, HAD THE CONVERSATION WITH, POSSIBLY MR.

RA THAT THE -- WE HAVE A STUDY THAT -- TO LOOK AT THE FOUNDATION AID

THAT WILL BE IN SED. WE HOPE FOR THEM TO GET BACK BY THE END OF THE --

THE YEAR WITH THAT INFORMATION. THAT WOULD HELP GUIDE GOING FORWARD

WITH THE FOUNDATION AID FORMULA.

MR. DURSO: SO WHEN YOU SAY BY THE END OF THE

YEAR JUST SO IT'S -- IT'S CLARIFIED, WE'RE TALKING ABOUT THIS YEAR, CORRECT?

MS. WEINSTEIN: YES.

MR. DURSO: SO THAT WAY FOR NEXT BUDGET SEASON

WE'LL HAVE --

MS. WEINSTEIN: CORRECT.

MR. DURSO: -- A BETTER IDEA OF WHAT THE --

MS. WEINSTEIN: BY DECEMBER 1ST OF 2024.

MR. DURSO: OKAY, GREAT. THANK YOU. IN REGARDS

TO THE BOCES VOCATIONAL AID AND REIMBURSABLE AID THAT WAS IN THE

GOVERNOR'S BUDGET THAT WAS GOING TO RAISE THE REIMBURSABLE AMOUNT

FROM 30 TO 40 TO 50 TO 60 OVER THREE YEARS. THAT'S NO LONGER IN THIS

PORTION OF THE BUDGET?

MS. WEINSTEIN: THAT WAS OUR ONE-HOUSE

PROPOSAL.

MR. DURSO: I'M SORRY. IN THE ONE-HOUSE --

MS. WEINSTEIN: YES.

MR. DURSO: -- EXCUSE ME, I APOLOGIZE.

MS. WEINSTEIN: RIGHT.

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MR. DURSO: THAT WAS -- THAT WAS IN THE ASSEMBLY

ONE-HOUSE?

MS. WEINSTEIN: ONE-HOUSE, CORRECT, YOU'RE

CORRECT THAT IT'S NOT IN THIS BUDGET.

MR. DURSO: SO THE -- SO CURRENTLY THEY'RE ONLY

GOING TO BE REIMBURSED 30,000 FOR VOCATIONAL TEACHERS AND BOCES,

CORRECT?

MS. WEINSTEIN: YES.

MR. DURSO: OKAY, THANK YOU. TALKING ABOUT THE

EXPANDED FREE SCHOOL MEALS.

MS. WEINSTEIN: YES.

MR. DURSO: CURRENTLY, DO YOU KNOW WHAT IT'S

FUNDED AT, THE TOTAL AMOUNT? I UNDERSTAND IT'S GOING UP THIS YEAR,

CORRECT? I THINK 11 -- $11 MILLION?

MS. WEINSTEIN: YOU'RE CORRECT THAT IT'S A $11

MILLION INCREASE AND THAT WOULD MAKE A TOTAL SUBSIDY OF 145.6 MILLION,

WHICH REFLECTS THAT, THE ADDITIONAL USAGE. I THINK I MENTIONED TO -- I

MENTIONED EARLIER BEFORE WE BROKE THAT THAT PROVIDES FREE MEALS TO

2.35 MILLION STUDENTS IN 4,200 BUILDINGS.

MR. DURSO: BUT IT'S NOT -- IT'S -- IT'S NOT A UNIVERSAL

FREE SCHOOL MEAL PROGRAM AS IT SITS RIGHT NOW, CORRECT? BECAUSE I THINK

WE HAD TALKED ABOUT IT LAST YEAR, IT WAS GOING TO BE ROUGHLY $280

MILLION AND WE'RE ONLY AT 145 MILLION, CORRECT, IF I REMEMBER CORRECTLY,

JUST ROUGHLY.

MS. WEINSTEIN: RIGHT. THE FEDERAL REQUIREMENT

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NYS ASSEMBLY APRIL 19, 2024

WENT DOWN FROM 40 PERCENT TO 25 PERCENT OF ELIGIBILITY IN THE SCHOOL

DISTRICT IN ORDER TO QUALIFY. THAT'S WHY THERE'S BEEN AN INCREASE OVER

THE PAST YEAR FOR THE ADDITIONAL FREE MEALS.

MR. DURSO: OKAY. SO THE MONEY THAT WENT INTO

THE EXPANDED FREE SCHOOL MEALS FOR THIS YEAR, IS THAT JUST GOING INTO THE

COMPLETE FUND OR IS THAT SPECIFIC FOR CERTAIN AREAS?

MS. WEINSTEIN: IT'S FOR THE FUND WITH THE

ANTICIPATED ADDITIONAL USAGE OF THE FREE MEALS.

MR. DURSO: OKAY, THANK YOU. AND THEN MY LAST

QUESTION WOULD BE OBVIOUSLY, YOU KNOW, IT'S SOMETHING THAT WE'VE ALL

BEEN TALKING ABOUT, THE MIGRANT FUNDING FOR NEW YORK CITY WHICH IS

$2.3 BILLION, CORRECT, IN THIS YEAR'S BUDGET?

MS. WEINSTEIN: APPROXIMATELY, YES.

MR. DURSO: APPROXIMATELY, OKAY. AND THAT

BROUGHT IT TO - AND I KNOW WE ANSWERED THIS QUESTION ALREADY - OVER $4

BILLION, CORRECT?

MS. WEINSTEIN: THE CUMULATIVE TOTAL?

MR. DURSO: YES, MA'AM.

MS. WEINSTEIN: YES, THROUGH THE NEXT ESTIMATED

THROUGH FISCAL YEAR 2026 TO BE OVER $4 BILLION.

MR. DURSO: OKAY. AND DO WE HAVE A TOTAL IDEA OF

WHAT THIS YEAR'S BUDGET IS GOING TO BE TOTAL PRICE-WISE?

MS. WEINSTEIN: THE -- THE BIGGEST -- THE LARGEST

ESTIMATE SORT OF OUTSIDE NUMBER WOULD BE 2.2 BILLION.

MR. DURSO: TWO POINT TWO...

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: THAT WOULD BE THE CASH SPENDING,

YES.

MR. DURSO: I'M SORRY, MA'AM?

MS. WEINSTEIN: THAT WOULD -- ANTICIPATE THAT

WOULD BE THE CASH SPENDING.

MR. DURSO: NO, SO THE TOTAL BUDGET. THE TOTAL

BUDGET FOR NEW YORK STATE FOR THIS COMING YEAR. DO WE HAVE -- DO WE

HAVE AN IDEA OF WHAT THE TOTAL NUMBER WOULD BE AT? I KNOW THERE'S

ESTIMATES OF ROUGHLY, IT'S GONE UP ABOUT $8 BILLION SINCE LAST YEAR. IS

THAT ABOUT RIGHT?

MS. WEINSTEIN: OF THE -- THE STATE BUDGET?

MR. DURSO: THE STATE BUDGET, YES, I'M SORRY. I

APOLOGIZE.

(PAUSE)

MS. WEINSTEIN: IT'S 1.9 BILLION OVER LAST YEAR.

MR. DURSO: IT'S 1.9 BILLION OVER LAST YEAR?

MS. WEINSTEIN: CORRECT.

MR. DURSO: OKAY. THANK YOU, MS. WEINSTEIN. I

APPRECIATE YOU ANSWERING THE QUESTIONS.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. DURSO: SO MR. SPEAKER, ONCE AGAIN, WE'RE IN A

YEAR WHERE THE BUDGET'S GOING UP AND NEW YORK STATE'S GOING TO BE

SPENDING MUCH MORE MONEY. AND IN MY OPINION, WE'RE MISSING THE

MARKER ON A COUPLE THINGS HERE. ONE, IS I ASKED THE CHAIR ABOUT,

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NYS ASSEMBLY APRIL 19, 2024

AGAIN, AND WE'RE JUST TALKING ABOUT TO ME THROWING MONEY IN THE

GARBAGE. FIVE POINT THREE MILLION [SIC] DOLLARS FOR THE BUFFALO BILLS, A

RETENTION BILL, TO KEEP THEM HERE. LET'S BE HONEST, THEY'RE NOT GOING

ANYWHERE AND I'M A GIANTS FAN SO I REALLY DON'T CARE.

(LAUGHTER)

BUT TO BE PERFECTLY HONEST, I DON'T NEED TO BE GIVING

$5.3 BILLION TO A BILLIONAIRE OWNER TO TRY AND TALK THEM INTO STAYING

HERE. THAT'S $5.3 BILLION. WE'RE NOT GOING TO FUND THE BOCES

VOCATIONAL SCHOOLS SO THAT THEY CAN BRING IN INSTRUCTORS TO TEACH KIDS

SKILLS BY GETTING PEOPLE INTO THE TRADES AND GETTING THEM A JOB. THE

ABILITY TO GET A JOB, TO LEARN A TRADE, TO HAVE SOMETHING TO FALL BACK ON

TO ME IS PRICELESS. AS SOMEONE WHO HAS GONE THROUGH THE BOCES

PROGRAM I FIND IT INVALUABLE. ONCE AGAIN, FOR AT LEAST THE FOUR YEARS

I'VE BEEN HERE, WE'RE REFUSING TO DO THAT. BUT AGAIN, WE'LL GIVE $5.3

MILLION [SIC] TO THE BUFFALO BILLS. WE'RE GOING TO GIVE OR NOT FUND THE

EXPANDED FREE SCHOOL MEALS. FOR THE PAST TWO YEARS, I ALONG WITH

MANY OTHERS IN HERE BELIEVE THAT SCHOOL MEALS SHOULD BE FREE FOR ALL

KIDS. WE'RE SITTING HERE DUMPING MONEY INTO MENTAL HEALTH CONSTANTLY.

THERE IS NOTHING WORSE THAN FOR YOUR MENTAL HEALTH TO BE NOT SURE IF

YOU ARE GOING TO EAT. YOU'RE GOING TO SCHOOL AND NOT SURE IF YOU'RE

GOING TO BE ABLE TO AFFORD TO EAT. IF YOU'RE NOT GOING TO BE ABLE TO SIT

DOWN WITH YOUR PEERS AND EAT LUNCH, HAVE SOMEONE LOOK AT YOU AND

MAYBE NOT BE SURE IF YOU'RE POOR, IF YOU HAVE PROBLEMS AT HOME, YOU

DON'T WANT TO SIT WITH YOUR FRIENDS, THERE'S NOTHING WORSE FOR YOUR

MENTAL HEALTH THAN SITTING THERE SAYING, I CAN'T EAT LUNCH, I FEEL LEFT OUT.

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THAT HAS SOMETHING TO DO WITH MENTAL HEALTH. SO INSTEAD OF PUTTING

MONEY INTO MENTAL HEALTH OR NOT PUTTING ENOUGH MONEY INTO MENTAL

HEALTH ISSUES, I DON'T KNOW, LET'S GIVE KIDS LUNCH. IT'S REALLY SIMPLE AND

I DOUBT THAT THERE'S ANYBODY IN HERE THAT BELIEVES WE SHOULDN'T. THAT --

THE DIFFERENCE IN THAT IS ROUGHLY $150 MILLION TO MAKE SURE THAT EVERY

KID IN NEW YORK STATE CAN HAVE FREE LUNCH, BUT WE COULD NOT SIT HERE

AND FIND THE MONEY TO DO THAT? AND I UNDERSTAND, EVERYBODY DOESN'T

WANT TO SIT HERE AND TALK ABOUT THE MIGRANT CRISIS OR ILLEGAL IMMIGRANTS

OR ANYTHING LIKE THAT. BUT THE FACT OF THE MATTER IS THAT WE ARE ONCE

AGAIN SPENDING $2.3 BILLION IN THIS STATE, AND MR. RA HAD ASKED BEFORE

ABOUT IF THAT WAS GOING TO ANY RURAL AREAS, ANY SUBURBAN AREAS, MONEYS

GOING IN TO HELP WITH THE SCHOOLS, TO -- FOR HOUSING, ANYTHING LIKE THAT

AND WE'RE NOT REALLY SURE, I DIDN'T UNDERSTAND THE ANSWER. BUT I KNOW

THIS, IF YOU TOOK $2.3 BILLION AWAY FROM PEOPLE THAT ARE GETTING OUR TAX

DOLLARS FOR TAXPAYING NEW YORKERS, AND I DON'T KNOW, GAVE KIDS LUNCH,

MAYBE THAT'S A GOOD IDEA. MAYBE WE COULD SAVE SOME MONEY ON

MENTAL HEALTH THAT SOMEBODY COULD HAVE A BREAKFAST OR LUNCH THAT MAY

NOT HAVE FOOD AT HOME. IT'S A VERY SIMPLE THING. WE WANT TO BRING

PEOPLE OUT OF POVERTY, GIVE THEM JOBS. I DON'T KNOW, TRAIN THEM TO

HAVE A JOB, GIVE THEM A SKILL. BUT ONCE AGAIN, WE'RE NOT GOING TO FUND

IT SO THAT WE CAN ACTUALLY GET QUALIFIED TEACHERS TO COME IN AND TEACH

THEM A BASIC SKILL. A SKILL THAT'S GOING TO HELP THEM LEARN, GROW, GROW

A FAMILY, STAY IN THIS STATE, AFFORD TO LIVE IN THIS STATE, MAYBE BECOME

AN APPRENTICE, MAYBE GET A GREAT UNION JOB, WHICH I THINK EVERYBODY

SHOULD. BUT ONCE AGAIN, WE REFUSE TO DO THAT AND WE'RE GOING TO IGNORE

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IT, NOBODY BRINGS IT UP. WE WANT TO TAKE CARE OF OUR KIDS, WE WANT TO

TAKE CARE OF OUR SCHOOLS, WE WANT TO TAKE CARE OF THE FUTURE FOR THE

KIDS. GIVE THEM A FUTURE, GIVE THEM A CHANCE. WE'RE NOT DOING THAT.

ONCE AGAIN, EVERY SINGLE YEAR WE DO THIS AND WE SAY OH, IT'S LEFT OUT OF

THE BUDGET. LAST YEAR IT WAS THE GOVERNOR'S IDEA TO TAKE IT OUT OF THE

BUDGET, THIS YEAR IT JUST DIDN'T MAKE IT IN. EVERY YEAR THERE'S ANOTHER

EXCUSE TO NOT GIVE SOMEONE A CHANCE. WE WANT TO SIT HERE AND TALK

ABOUT EQUALITY, WE WANT TO GIVE PEOPLE JOBS, WE WANT TO GET PEOPLE OUT

OF POVERTY. GIVE THEM A SKILL. EVERY SINGLE PERSON THAT GOES THROUGH A

PLUMBING PROGRAM LEARNS TO BE A CARPENTER, CAN GO FOR CARTOON

ANIMATION, CAN LEARN TO, YOU KNOW, DO HAIR, DO NAILS, WORK ON A CAR,

THEY CAN GET A JOB. THEY CAN ACTUALLY FEED THEIR FAMILIES, BUT ONCE

AGAIN, EVERY SINGLE YEAR WE REFUSE TO PUT THE MONEY INTO THE BUDGET TO

TRAIN KIDS. IF WE'RE SITTING HERE TALKING ABOUT FUNDING AND STUDENTS,

LET'S ACTUALLY GIVE THEM AN OPPORTUNITY. THAT TO ME IS WHY THIS BUDGET

MISSED THE MARK AND I'LL BE A NO. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GANDOLFO.

MR. GANDOLFO: THANK YOU, MR. SPEAKER. WOULD

THE CHAIR YIELD FOR A COUPLE OF QUESTIONS, PLEASE?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

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NYS ASSEMBLY APRIL 19, 2024

MR. GANDOLFO: THANK YOU, MADAM CHAIR.

WE'RE GOING TO GO BACK TO OUR TOPIC OF THE NIGHT WHICH IS -- WHICH IS

THE MIGRANT FUNDING FOR NEW YORK CITY.

MS. WEINSTEIN: SURE.

MR. GANDOLFO: SO THIS BUDGET HAS 2.4 BILLION FOR

REIMBURSING FOR MIGRANT SERVICES IN NEW YORK CITY. I THINK I HEARD

EARLIER THAT THIS IS ONLY FOR HOUSING AND RESIDENTIAL SERVICES. SO MY

QUESTION IS, HOW EXACTLY IS THAT ACCOUNTED FOR? HOW DID WE ARRIVE AT

2.4 BILLION? WAS THERE DOCUMENTATION SUBMITTED FROM NEW YORK

CITY? WHAT REQUIREMENTS ARE ON THEM TO SHOW THAT THIS IS ONLY FOR THE

HOUSING?

MS. WEINSTEIN: WELL, FIRST I -- I WOULD JUST SAY,

YOU KNOW, THAT SOME OF THIS MONEY IS FOR NATIONAL GUARD DEPLOYMENT,

SOME OF IT IS FOR MEDICAID AND HEALTH EXPENSES. AND THE STATE HRC'S

BUDGET, IT'S ESTIMATED BASED ON THE POPULATION FIGURES I ASSUME THAT

NEW YORK CITY HAS -- HAS SUBMITTED -- HAS DESCRIBED TO THE -- TO THE

STATE.

MR. GANDOLFO: OKAY. CAN ANY OF THIS FUNDING

BE USED TO LET'S SAY PAY FOR NEW YORK CITY'S PREPAID DEBIT CARD

PROGRAM THAT IS GOING OUT TO MIGRANT FAMILIES?

MS. WEINSTEIN: THIS IS SHELTER FUNDING AND

SHELTER SUPPORT, SO I DO NOT BELIEVE SO.

MR. GANDOLFO: OKAY, SO SHELTER SUPPORT, OKAY.

WELL, WOULD YOU THEN AGREE THAT SINCE MONEY IS FUNGIBLE BY CONTINUING

TO REIMBURSE NEW YORK CITY FOR SOME OF THESE EXPENSES, THEY CAN THEN

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AFFORD TO SPEND THEIR TAX DOLLARS ON SOME OF THESE OTHER SERVICES TO FREE

UP THAT FUNDING FOR THEM?

MS. WEINSTEIN: I -- THEY CAN SPEND ON OTHER

EXPENSES. ORIGINALLY THE MAYOR HAD ANNOUNCED THERE WERE CUTS TO

EDUCATION, TO FIRE AT THE LIBRARIES, AND BECAUSE OF US BEING -- THE STATE

BEING ABLE TO REIMBURSE THE CITY FOR SHELTER MONEY, THIS MAYOR HAS

REINSTATED THE -- THOSE CUTS THAT HE HAD ANNOUNCED EARLIER, I BELIEVE THE

END OF LAST YEAR, BUT CERTAINLY EARLIER THIS YEAR.

MR. GANDOLFO: OKAY. AND STAYING ON THE TOPIC

OF THE 2.4 BILLION. ARE THERE ANY STRINGS ATTACHED THAT -- THAT MAKES THE

FUNDING CONTINGENT ON SOME POLICY CHANGES FROM NEW YORK CITY?

HAS THE STATE ASKED THAT THEY END THEIR SANCTUARY CITY STATUS TO

CONTINUE RECEIVING THIS KIND OF FUNDING?

MS. WEINSTEIN: THIS IS A REIMBURSEMENT POLICY --

REIMBURSEMENT PROGRAM AND IT IS NOT POLICY-ORIENTED.

MR. GANDOLFO: OKAY. SO THIS WOULD

CONCEIVABLY CONTINUE NEXT YEAR FOR THEIR EXPENSES AS WELL?

MS. WEINSTEIN: WE'RE CONTEMPLATING THAT THERE

WOULD BE CONTINUING EXPENSES, BUT AGAIN, AS WE'VE HAD PRIOR -- PRIOR

CONVERSATIONS WITH SOME OF YOUR COLLEAGUES, THE SITUATION ON -- IN

TERMS OF WHO IS ENTERING THE COUNTRY AND APPLYING FOR ASYLUM AND THEN

ENDING UP IN NEW YORK CITY FLUCTUATES. SO IT'S HARD TO PREDICT THAT FAR

DOWN THE LINE HOW MUCH -- HOW THE NEEDS WILL BE.

MR. GANDOLFO: ARE THERE ANY CHANGES TO THE

STATE'S POLICIES WITHIN THIS BUDGET PERTAINING TO MIGRANTS? ARE WE --

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NYS ASSEMBLY APRIL 19, 2024

ARE THERE ANY PLANS THAT THE GOVERNOR HAS TO RESCIND THE 2017

EXECUTIVE ORDER THAT EFFECTIVELY MADE NEW YORK STATE A SANCTUARY

STATE PREVENTING STATE AGENCIES FROM COOPERATING WITH FEDERAL

IMMIGRATION AUTHORITIES?

MS. WEINSTEIN: THERE'S NOTHING IN THIS BUDGET.

MR. GANDOLFO: OKAY. IS THERE ANYTHING TO FOSTER

OR COMPEL LOCAL LAW ENFORCEMENT TO COOPERATE WITH FEDERAL

IMMIGRATION AUTHORITIES WHEN IT COMES TO CRIMINAL MIGRANTS?

MS. WEINSTEIN: THERE -- THERE ARE NO

POLICY-RELATED ISSUES IN THAT REGARD IN THIS BUDGET.

MR. GANDOLFO: OKAY. AND -- AND THE REASON I'M

ASKING THESE THINGS IS BECAUSE IF WE'RE SENDING $2.4 BILLION THIS YEAR

AND WE'RE NOT ASKING ANY CHANGES OF THE CITY OR MAKING ANY CHANGES

TO STATE POLICY, WHEN IS THIS FUNDING GOING TO END? I DON'T SEE AN END

IN SIGHT IF WE'RE NOT MAKING ANY OTHER CHANGES TO DISINCENTIVE THE FLOW

OF MIGRANTS TO COME TO NEW YORK CITY. I KNOW WE CAN'T SECURE THE

BORDER AS A STATE. WE CAN'T CONTROL WHO'S TRAVELING HERE BUT WE CAN

CERTAINLY MAKE CHANGES.

MS. WEINSTEIN: YOU CAN JOIN WITH THE REST OF THE

COLLEAGUES AND WE CAN WRITE TO THE NEW YORK STATE CONGRESSIONAL

DELEGATION AND ASK THEM TO SUPPORT LEGISLATION THAT WOULD INCREASE THE

NUMBER OF HEARING OFFICERS AND HELP SECURE THE BORDER, BUT WITHOUT

THAT WE'RE SORT OF ON OUR OWN.

MR. GANDOLFO: WELL, RESPECTFULLY, I WOULD

COUNTER THAT H.R.2 TO SECURE THE BORDER ACT WAS PASSED BY THE HOUSE

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REPUBLICANS LAST MAY AND IT'S BEEN COLLECTING DUST IN THE

DEMOCRATIC-CONTROLLED SENATE, SO THAT'S NEITHER HERE OR THERE. OF

COURSE WE CAN'T CONTROL WHAT OUR FRIENDS AT THE FEDERAL GOVERNMENT

ARE DOING BUT, MR. SPEAKER, ON THE BILL, PLEASE. THANK YOU, MADAM

CHAIR.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. GANDOLFO: MR. SPEAKER, AGAIN, THERE'S $2.4

BILLION TO REIMBURSE NEW YORK CITY FOR MIGRANT SERVICES AND THE MOST

FRUSTRATING PART ABOUT THAT IS NOT NECESSARILY THE $2.4 BILLION BEING

SPENT THERE, BUT WHAT IT'S NOT BEING SPENT ON AS SOME OF MY OTHER

COLLEAGUES POINTED OUT. EVERY DOLLAR THAT IS SPENT TO PAY FOR THIS

MIGRANT CRISIS IS A DOLLAR THAT CANNOT BE SPENT FOR SERVICES FOR LAWFUL

NEW YORK RESIDENTS SUCH AS FREE SCHOOL MEALS. I KNOW IN MY DISTRICT A

LOT OF MY SCHOOL DISTRICTS ARE RECEIVING FLAT FUNDING IN FOUNDATION AID.

AND WHILE IT'S GREAT THAT THEY'RE NOT RECEIVING THE CUTS THAT THE

GOVERNOR PROPOSED, WITH THE RATE OF INFLATION WE'VE SEEN, FLAT FUNDING

MIGHT AS WELL BE A CUT. IT'S NOT KEEPING UP WITH THE RATE OF INFLATION SO

SERVICES FOR OUR STUDENTS ARE GOING TO GO DOWN. THAT'S WHY I'M ASKING

THE QUESTIONS OF WHETHER OR NOT WE AS A STATE ARE ASKING NEW YORK

CITY TO CHANGE ANY OF THEIR POLICIES THAT ENCOURAGE MIGRANTS TO TRAVEL

TO NEW YORK OR AS A STATE IF WE ARE MAKING ANY CHANGES TO OUR

POLICIES. SO I THINK IT'S IMPORTANT THAT WE DO. OTHERWISE, I DON'T SEE

HOW WE'RE NOT GOING TO BE SPENDING BILLIONS EVERY YEAR TO HELP

REIMBURSE FOR THESE MIGRANT COSTS.

SO WITH THAT I WILL NOT BE SUPPORTING THIS BUDGET AND I

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ENCOURAGE OTHERS TO VOTE NO AS WELL. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. REILLY.

MR. REILLY: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. REILLY: SO HERE WE ARE WITH A MIGRANT BUDGET

OF $2.4 BILLION TO NEW YORK CITY, AN INCREASE SINCE LAST YEAR. AND

THEN THERE'S ALSO AN ADDITIONAL 5 MILLION FOR REFUGEE BASIC NEEDS

ASSISTANCE, REFUGEE RESETTLEMENT 180 MILLION. YOU KNOW, THERE WAS A

EXECUTIVE ORDER ISSUED BY THE PRIOR GOVERNOR, AND OF COURSE IT WAS

POLITICAL IN NATURE AND IT WAS DECLARING NEW YORK STATE A SANCTUARY

STATE MUCH LIKE NEW YORK CITY DECLARED ITSELF A NEW YORK -- A CITY, A

SANCTUARY CITY. NOW, WHAT REALLY STICKS OUT TO ME IS ONE OF THE WORDS

USED, THE PHRASE USED IN GOVERNOR CUOMO'S EXECUTIVE ORDER THAT WAS

CONTINUED UNDER THE CURRENT ADMINISTRATION, PROTECTING NEW YORK'S

IMMIGRANTS. NEW YORK STATE HAS AND CONTINUES TO SERVE AS A BEACON

FOR IMMIGRANTS. YES, THOSE THAT COME HERE LEGALLY, WE WANT TO

SUPPORT. THE BEACON HAS NOW BECOME A FLASHING RED LIGHT THAT SAYS

VACANCY. AND ALL WE ARE DOING IS FEEDING INTO MORE PEOPLE COMING TO

NEW YORK BECAUSE THEY KNOW THAT WE ARE GOING TO GIVE THEM A FREE

RIDE. WE ARE -- WE HAVE TO FIGHT EVERY YEAR IN THE BUDGET FOR OUR

VETERANS TO DO THE DWYER FUND. WE HAVE TO WRITE A LETTER EVERY YEAR

TRYING TO SUPPORT VETERANS. AND HERE WE ARE GIVING AWAY $2.4 BILLION

WITH NO END IN SIGHT. COLORADO, THEY WENT TO EL PASO, THEY TOLD THEM

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WE CAN'T AFFORD YOU ANYMORE, YOU SHOULD GO TO NEW YORK. IT'S ALL OVER

THE NEWS, WE ALL SAW IT, AND WHAT DO WE DO? WE CONTINUE TO FLASH THAT

LIGHT SAYING COME HERE. WE ARE GOING TO GIVE YOU EVERYTHING. WE

HAVE PEOPLE ON SOCIAL MEDIA ON TIKTOK TELLING PEOPLE TO COME HERE

THAT ARE HERE ILLEGALLY, FIND A HOME THAT'S VACANT AND THE HOME IS YOURS

IF YOU CAN PROVE THAT YOU GOT SOMETHING DELIVERED THERE. WE KNOW

THAT'S NOT THE WAY THE LAW IS SUPPOSED TO WORK. WE KNOW THAT THAT

WASN'T OUR INTENT IN THE LEGISLATURE. BUT LIKE I SAY ALL THE TIME, THE

WORDS WE PUT ON PAPER DO NOT TRANSITION TO THE REAL WORLD OR TO THE

COURTROOM THE WAY IT'S INTENDED. WHEN IS ENOUGH ENOUGH? WHEN ARE

WE GOING TO ALLOW THE AGENCIES THAT NEED TO COOPERATE WITH THE FEDERAL

GOVERNMENT WHEN WE HAVE SOMEONE WHO COMMITS A CRIME THAT'S HERE

ILLEGALLY. WE DON'T EVEN LET THEM COMMUNICATE WITH THE FEDS. BUT NO,

WE WANT TO PASS MONEYS ALONG TO PAY FOR THEIR ATTORNEYS. AND WE ARE

GOING TO HAVE TAXPAYER FUNDING TO HELP THEM REMAIN IN THE UNITED

STATES WHEN THEY SHOULD BE DEPORTED BECAUSE THEY COMMITTED A

VICIOUS CRIME. WHEN DOES IT END? WHEN DO WE STAND UP FOR THE NEW

YORK RESIDENTS THAT PAY TAXES? WE'RE NOT. UNTIL WE DO THAT, THAT

FLASHING VACANCY LIGHT IS GOING TO CONTINUE, AND WE ARE GOING TO THROW

MONEY AT IT. ENOUGH IS ENOUGH. WE GOT TO STOP SOMEWHERE. WE'RE

GOING TO KEEP TALKING ABOUT THIS FOREVER AND EVER IF WE DON'T SHUT THE

FAUCET. SOMETIMES IT TAKES A TOUGH DECISION WHERE YOU GOT TO PUT NEW

YORKERS FIRST THAT ARE HERE. THOSE NEW YORKERS THAT ARE HERE AND THE

ONES THAT AREN'T LEGALLY HERE ARE JUST GOING TO DRIVE UP THE COSTS. AND

I'LL REMEMBER THIS NEXT YEAR WHEN I'M FIGHTING FOR THE DWYER FUND

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NYS ASSEMBLY APRIL 19, 2024

AGAIN. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. TANNOUSIS.

MR. TANNOUSIS: THANK YOU, MR. SPEAKER. I HAVE

SPENT THE BETTER PART OF THE LAST YEAR FIGHTING ALONG SIDE MY

CONSTITUENTS AS NEW YORK CITY CONTINUES TO BECOME AN UNSUSTAINABLE

PLACE TO LIVE. THE MIGRANT CRISIS, $2.4 BILLION, $2.4 BILLION IN OUR NEW

YORK STATE BUDGET FOR THE MIGRANTS, $1.4 BILLION MORE THAN LAST YEAR.

AND WHO WANTS TO BET THAT NEXT YEAR IT'LL BE ANOTHER $1 BILLION MORE.

AND ANOTHER $1 BILLION MORE AND CONTINUE AND CONTINUE AND CONTINUE

WITH NO END IN SIGHT. AS I HAVE SAID MANY TIMES IN THIS CHAMBER, I AM

THE SON OF IMMIGRANTS. MY PARENTS ARE REFUGEES. THEY LEFT A WAR-TORN

NATION TO COME HERE FOR THE AMERICAN DREAM. THEY CAME HERE

LEGALLY. NOBODY GAVE THEM A DAMN THING. THEY WORKED HARD. I

REPRESENT A DISTRICT ALSO FULL OF IMMIGRANTS, JUST LIKE MANY PEOPLE IN

THIS ROOM. THOSE IMMIGRANTS AS WELL AS MYSELF ARE ANGRY. WE ARE

ANGRY BECAUSE WE -- THEY HAVE WORKED HARD FOR EVERYTHING THEY HAVE,

AND NOW BECAUSE OF THE LAWS OF NEW YORK CITY AND OF NEW YORK

STATE WE HAVE TO CONTINUE GIVING BILLIONS AND BILLIONS OF DOLLARS TO

FUND AN UNSUSTAINABLE SITUATION. WHEN WILL THE MADNESS END? IT HAS

TO STOP. WE ARE ON A ONE-WAY ROAD TO FINANCIAL RUIN. I VOTE NO. THANK

YOU.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

WEINSTEIN YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. GOODELL: IS IT OKAY IF I ASK YOU ABOUT

SOMETHING OTHER THAN THE MIGRANT CRISIS?

MS. WEINSTEIN: I'D BE -- I'D BE DELIGHTED.

MR. GOODELL: LET ME SEE IF THERE'S ANYTHING ELSE

ON MY LIST. I WAS PARTICULARLY INTERESTED IN THE ENERGY AFFORDABILITY

GUARANTEE. THAT'S ON PAGE 1,260 OF THIS BUDGET BILL. I SEE THAT THOSE

WHO ARE PARTICIPATING HAVE TO BE LOW INCOME AND THAT IF THEY'RE

PARTICIPATING THEIR TOTAL ELECTRIC BILL FOR THE HOUSEHOLD IS LIMITED TO 6

PERCENT OF THE HOUSEHOLD INCOME.

MS. WEINSTEIN: CORRECT.

MR. GOODELL: AND I WAS HOPING YOU WOULD HAVE

SOME MORE DETAILS. WHAT'S MEANT BY A LOW INCOME RESIDENTIAL

CUSTOMER? IS THERE A THRESHOLD ON THAT?

MS. WEINSTEIN: I BELIEVE THAT IT'S 80 PERCENT OF

AMI FOR THE CAPITAL PORTION OF THE PROGRAM.

MR. GOODELL: EIGHTY PERCENT?

MS. WEINSTEIN: YES, OF THE AMI IN ORDER TO APPLY

FOR THE CAPITAL PORTION.

MR. GOODELL: I SEE.

MS. WEINSTEIN: WHICH THEN BECOMES THE -- IF

YOU'RE ELIGIBLE FOR THE CAPITAL PORTION, YOU'RE THEN ELIGIBLE FOR THE -- ON

THE UTILITY BILL.

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NYS ASSEMBLY APRIL 19, 2024

MR. GOODELL: OKAY. AND THEN IF YOU QUALIFY, THE

STATE WILL HELP PAY TO CONVERT YOUR HOUSE TO ALL ELECTRIC, AND THEN

YOU'RE ELIGIBLE FOR A UTILITY CAP OF 6 PERCENT, CORRECT?

MS. WEINSTEIN: YES.

MR. GOODELL: AND ARE THERE ANY LIMITATIONS ON

WHAT YOU CAN INCLUDE IN THAT CONVERSION? FOR EXAMPLE, ARE THERE

HIGH-ENERGY USE APPLIANCES, HOT TUBS, THINGS LIKE THAT THAT ARE EXCLUDED

FROM CONSIDERATION?

(PAUSE)

MS. WEINSTEIN: THE -- THE CAPITAL PROGRAM ONLY

FUNDS CERTAIN APPLIANCES.

MR. GOODELL: I SEE. NOW THIS CAPS THEIR UTILITY

RATE TO 6 PERCENT OF HOUSEHOLD INCOME.

MS. WEINSTEIN: CORRECT.

MR. GOODELL: HOW IS THE UTILITY TO ASCERTAIN

HOUSEHOLD INCOME?

MS. WEINSTEIN: SO SINCE THEY ALREADY HAD TO

APPLY FOR THE CAPITAL PROJECT, WHICH IS -- IT THEN SHOWS THAT -- THEN THAT

GOES TO THE ELIGIBILITY FOR THEIR -- FOR THE UTILIZATION PORTION OF THE

PROGRAM.

MR. GOODELL: AS YOU KNOW PART OF THIS CHALLENGE

IS EVEN KNOWING WHO AN OWNER IS. CERTAINLY MANY PEOPLE WILL TRANSFER

AS PART OF AN ESTATE PLAN, TRANSFER TITLE TO THE PROPERTY, KEEP A LIFE

ESTATE. I ASSUME IT'S NOT TIED TO THEIR CHILDREN WHO ARE NOW THE

REMAINDERMEN. IT STAYS WITH THE LIFE TENANT OR WHOSE INCOME IS BEING

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NYS ASSEMBLY APRIL 19, 2024

CONSIDERED?

MS. WEINSTEIN: IT STAYS WITH THE PERSON.

MR. GOODELL: THE PERSON WHO'S RESIDING THERE,

NOT NECESSARILY THE OWNER; IS THAT CORRECT?

MS. WEINSTEIN: IT STAYS -- IT STAYS WITH THE

RESIDENTS, NOT THE INDIVIDUAL. SO A NEW OWNER COULD THEN HAVE THE

BENEFIT OF -- OF THE PROGRAM IF THEY WOULD THEN QUALIFY INCOME-WISE.

MR. GOODELL: I SEE. AND WHAT IS THE PENALTY IF

THE RESIDENTS FAIL TO REPORT INCOME? THEY GET AN INCREASE IN SALARY, A

NEW RESIDENT COMES IN, THEY GET MARRIED OR THEY BRING IN OR THEY HAVE A

DOMESTIC PARTNER OR WHATEVER, WHAT IS THE PENALTY? DO THEY THEN

RETROACTIVELY HAVE TO PAY ANY EXCESS?

MS. WEINSTEIN: I -- I THINK SOME OF THAT WILL BE --

IS TO BE WORKED OUT IN THE REGULATIONS.

MR. GOODELL: I SEE. THANK YOU ON THAT. CAN YOU

-- I SEE THAT WE HAVE SOME FUNDS PUT ASIDE FOR THE COMMUNITY

REINVESTMENT RELATED TO THE MARIHUANA PROGRAM. WHEN WE FIRST

ADOPTED THIS PROGRAM WE WERE TOLD THAT THE COST FAR -- I MEAN THE

BENEFITS FAR EXCEEDED THE COST. WE WERE GIVEN A PROJECTION THAT WE

WOULD BE MAKING IN THE RANGE OF 363 MILLION NET, THE TAXPAYERS. AM I

CORRECT THAT THIS YEAR WE'RE PROJECTED TO MAKE 158 MILLION BUT WE

ACTUALLY ONLY BROUGHT IN LESS THAN HALF OF THAT?

MS. WEINSTEIN: I -- I WOULD SAY YOU'RE

APPROXIMATELY CORRECT.

MR. GOODELL: AND AM I CORRECT THAT WHEN YOU

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INCLUDE THE COSTS THAT WE'VE INVESTED IN TERMS OF THE STAFFING AND WHAT

WE ALL ACKNOWLEDGE AS INADEQUATE ENFORCEMENT, BUT NEVERTHELESS AT --

AT THIS POINT IN TIME WE'RE UPSIDE DOWN BY OVER 200 MILLION?

MS. WEINSTEIN: I WOULDN'T DISAGREE.

MR. GOODELL: SO THEN MY QUESTION --

MS. WEINSTEIN: YOU KNOW, YOU KNOW, I WOULD

JUST SAY THAT, YOU KNOW, CLEARLY THERE HAVE BEEN NEWS REPORTS AND WE

ALL KNOW THAT THE ROLLOUT OF LICENSES HAS BEEN MUCH DELAYED, THERE'S

BEEN A LONGER TERM FOR A LICENSE TO BE AWARDED THEN HAVE BEEN INITIALLY

ANTICIPATED AND THESE ARE SOME OF THE PROBLEMS YOU DO HAVE WITH A --

WHEN YOU START A NEW PROGRAM.

MR. GOODELL: AND WHEN WE WERE ORIGINALLY SOLD

THIS PROGRAM AND WITH PROMISES OF LOTS OF REVENUE, PART OF THAT REVENUE

WAS TO GO TO HELP DISADVANTAGED COMMUNITIES FOR SURE. BUT SINCE THE

PROGRAM IS $200 MILLION UPSIDE DOWN IN THE RED AND HASN'T BEEN

PROFITABLE, IT'S BEEN A LOSS LEADER. WHY -- WHERE IS THE 5 MILLION THAT IS

COMING UP TO HELP DISADVANTAGED COMMUNITIES, BECAUSE I THOUGHT THAT

WAS COMING OUT OF THE PROFITS, OR IS THAT JUST ANOTHER PART OF THE LOSS FOR

THE PROGRAM?

MS. WEINSTEIN: SO IT'S -- IT'S REALLY JUST THE

APPROPRIATION -- APPROPRIATION AUTHORITY AND I WOULD HOPE THAT WITH THE

NEW LEGISLATION THAT WE ENACTED TO BE ABLE TO PADLOCK IMMEDIATELY

THESE ILLEGAL SHOPS, THE REVENUES - BOTH THE INCREASED NUMBER OF LEGAL

DISPENSARIES AS WELL AS THE CLOSING OF THE ILLEGAL WILL HAVE A DRAMATIC

INCREASE IN THE AMOUNT OF REVENUE THAT WE'LL HAVE AVAILABLE FROM THE

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LEGAL SALES.

MR. GOODELL: I -- I CERTAINLY HOPE THAT IS THE CASE.

SHIFTING GEARS A LITTLE BIT ON THE PUBLIC CAMPAIGN FINANCE. AM I

CORRECT THAT LAST YEAR WE PUT IN 25 MILLION AND THIS YEAR'S BUDGET HAS

100 MILLION?

MS. WEINSTEIN: YES.

MR. GOODELL: SO WITH 125 MILLION AND THIS YEAR

THERE'S WHAT, 150 ASSEMBLY MEMBERS, PERHAPS NOT ALL OF THEM ARE --

ARE EVEN IN CONTESTED ELECTIONS, 62 SENATORS, AM I CORRECT THAT THERE'S

ABOUT 300 PEOPLE THAT HAVE ASKED FOR FUNDING?

MS. WEINSTEIN: I'M NOT -- I'M NOT SURE THAT IT'S -- I

HAVEN'T LOOKED RECENTLY BUT I -- I THINK IT'S LESS THAN 300.

MR. GOODELL: LESS THAN 300? SO IF IT'S LESS THAN

300 AND WE PUT ASIDE 125 MILLION, ISN'T THAT LIKE A THIRD OF A MILLION TO

A HALF A MILLION PER PERSON WHO IS PARTICIPATING IN TERMS OF TOTAL COST?

I MEAN YOU CAN'T GET A HALF A MILLION --

MS. WEINSTEIN: WELL --

MR. GOODELL: -- BUT WHY DOES IT COST THE

TAXPAYERS CLOSE TO A HALF A MILLION PER --

MS. WEINSTEIN: -- THIS IS JUST THE APPROPRIATION

THAT IF THERE WAS FULL -- IF THERE WAS FULL PARTICIPATION, IF ALL THE PEOPLE

PARTICIPATING MAXED OUT ON THE AMOUNT THAT WOULD BE MATCHABLE, THAT

NUMBER WOULD -- WE BELIEVE WOULD COVER, THE AMOUNTS THAT NEED TO GO

OUT.

MR. GOODELL: YEAH, I APOLOGIZE. I -- I -- MY

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ESTIMATE WAS HIGH. IT WAS OVER $400,000 PER PERSON IN THIS ELECTION

CYCLE. IT SEEMS STRANGE THAT WE WOULD SPEND MORE MONEY IN TERMS OF

THE COST OF THE PUBLIC CAMPAIGN FINANCE PROGRAM PER CANDIDATE THAN

WE ALL PAY THE WINNER TO SERVE ON THE FLOOR OF THE ASSEMBLY OR ON THE

FLOOR OF THE SENATE. DOESN'T THAT SEEM LIKE A KIND OF A PERVERSE USE OF

-- OF PUBLIC FINANCING? I MEAN I WOULD HOPE THAT OUR SERVICE HERE ON

THE FLOOR OF THE ASSEMBLY WOULD BE MORE VALUABLE TO THE TAXPAYERS

THAN OUR CAMPAIGN TO GET HERE.

MS. WEINSTEIN: YOU KNOW, THE PURPOSE OF THE

PUBLIC FINANCING LEGISLATION AND PROGRAM IS TO BE ABLE TO ALLOW A WIDE

RANGE OF CANDIDATES TO BE ABLE TO RUN FOR OFFICE AND -- AND BE

COMPETITIVE AND OBVIOUSLY THAT IS AN IMPORTANT GOAL OF A DEMOCRATIC

PROCESS.

MR. GOODELL: CERTAINLY, CERTAINLY I WOULD

SUPPORT THE DEMOCRATIC PROCESS. I SEE THAT - IF I CAN SHIFT A LITTLE BIT TO

BULLET AID. THIS YEAR'S BUDGET INCLUDES 15 MILLION FOR BULLET AID FOR

THE ASSEMBLY. THERE'S 150 MEMBERS, ROUGHLY. SO THAT'S -- DOING SOME

QUICK MATH, 100,000 PER MEMBER. WILL THIS BULLET AID BE DISTRIBUTED

IN A FAIR AND EQUITABLE MANNER REGARDLESS OF POLITICAL AFFILIATION? IN

OTHER WORDS, CAN WE ANTICIPATE THAT ROUGHLY 4.8 MILLION WILL BE

AVAILABLE FOR THOSE SCHOOLS IN DISTRICTS REPRESENTED BY REPUBLICAN

MEMBERS AND THE BALANCE IN DISTRICTS REPRESENTED BY DEMOCRAT

MEMBERS?

MS. WEINSTEIN: I BELIEVE THAT THAT WILL BE

DETERMINED LATER BASED ON NEEDS OF THE INDIVIDUAL SCHOOLS.

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NYS ASSEMBLY APRIL 19, 2024

MR. GOODELL: I SEE. BUT NO -- NO PARTICULAR

GROUPS ARE EXCLUDED, RIGHT? I MEAN WE CERTAINLY WOULDN'T WANT TO

DISCRIMINATE AGAINST MINORITIES IN THIS BODY, RIGHT?

MS. WEINSTEIN: I DO NOT BELIEVE THAT THERE'S A

SYSTEM OF ALLOCATION THAT'S IN PLACE YET.

MR. GOODELL: I SEE. AND JUST ONE LAST QUESTION

JUST TO MAKE SURE YOU UNDERSTAND THAT I WAS LISTENING TO ALL THE DEBATE.

THIS IS THE ONLY QUESTION ON MIGRANTS THAT I HAVEN'T HEARD ASKED BUT I'M

HOPEFUL THAT YOU'LL ANSWER IT. I LOOKED UP THE DATA UNDER OTDA --

MS. WEINSTEIN: OKAY.

MR. GOODELL: AND ACCORDING TO OTDA WE'RE

PROVIDING FINANCIAL SUPPORT FOR 620,000 PEOPLE WHO ARE ON PUBLIC

ASSISTANCE AT A COST OF 3.2 BILLION. WHY IS IT THAT WE CAN HELP 620,000

NEW YORKERS FOR 3.2 BILLION BUT IT COSTS US 2.4 BILLION TO HELP AN

ESTIMATED 150- TO 200,000 REFUGEES OR MIGRANTS? I MEAN IT SEEMS LIKE

WE OUGHT TO BE -- IF WE CAN HELP NEW YORKERS FOR A FRACTION OF THE

COST, SHOULDN'T -- SHOULDN'T WE BE LOOKING AT WAYS TO MAKE THE SYSTEM

MORE EFFICIENT?

MS. WEINSTEIN: THE OTDA IS, YOU KNOW, IS A

MONTHLY BENEFIT THAT FAMILY GETS THE REIMBURSEMENT FOR THE CITY IS

BECAUSE OF THE LACK OF -- HAS BEEN INCREASED BECAUSE OF THE LACK OF

AVAILABLE SPACE SO THAT THEY -- THE CITY HAS HAD TO RESORT TO HOTELS AND

OTHER MORE EXPENSIVE HOUSING THAN WOULD OTHERWISE BE NEEDED.

MR. GOODELL: IT JUST SEEMS A LITTLE IRONIC THAT WE

GAVE CASH. IF WE MADE ALL THOSE MIGRANTS ELIGIBLE FOR OTDA WE COULD

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CUT OUR COSTS BY ABOUT 30 OR 40 PERCENT, WHICH SEEMS KIND OF A STRANGE

SITUATION, BUT THEN AGAIN EVERY TIME I WENT TO NEW YORK MY WIFE AND I

HAD TO TAKE OUT A LOAN TO STAY IN A HOTEL, MAYBE WE SHOULD CLAIM WE'RE

MIGRANTS, I DON'T KNOW. YOU DON'T NEED TO ANSWER THAT QUESTION. I'M

JUST POINTING OUT THAT WE'RE SPENDING AN AWFUL LOT LESS TO HOUSE AND

FEED OUR OWN THAN WE ARE PER PERSON FOR THE MIGRANTS, THAT'S ALL. AND

AGAIN, THANK YOU VERY MUCH. SURELY APPRECIATE TAKING ALL OF OUR

QUESTIONS AND -- AND ANSWERING OUR INQUIRES.

ON THE BILL SIR.

ACTING SPEAKER ZACCARO: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU VERY MUCH. AS MY

COLLEAGUES MENTIONED BEFORE, A BUDGET REFLECTS OUR PRIORITIES. AND

OBVIOUSLY THERE'S A GREAT DEAL OF FRUSTRATION ON THE FACT THAT A FEW YEARS

AGO WE CHANGED THE LAW SO THAT IF YOU WERE HERE ILLEGALLY AND YOU

COMMITTED A CRIME, CLASS A MISDEMEANOR AND YOU WERE SENTENCED TO

A MAXIMUM SENTENCE WE WOULDN'T DEPORT YOU. WE ACTUALLY CHANGED

THE PENAL LAW SO WE WOULDN'T DEPORT CONVICTED CRIMINALS IF YOU WERE

ILLEGAL, AND WE MADE IT ILLEGAL FOR LAW ENFORCEMENT TO COOPERATE AND

WE GAVE ILLEGAL IMMIGRANTS THE OPPORTUNITY TO GET DRIVER'S LICENSES IN

THE HOPES THAT WOULD FACILITATE THEIR ABILITY TO GET A JOB ILLEGALLY. AND

IN THE MEANTIME WE'RE FEELING THE SQUEEZE RIGHT NOW, AND WHILE I HAVE

A LOT OF COMPASSION, I THINK WE OUGHT TO FOCUS ON HOW CAN WE BE

COMPASSIONATE, HOW CAN WE HELP INDIVIDUALS AND DO IT IN A WAY THAT'S

AFFORDABLE TO NEW YORKERS. SO WE SHOULD CERTAINLY WORK WITH THE

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CITY AND OTHERS TO ADDRESS THE UNDERLYING CAUSES OF THE MIGRANT CRISIS,

LOOK FOR WAYS WE CAN BE COMPASSIONATE, LOOK FOR WAYS WHERE WE CAN

WELCOME LAWFUL IMMIGRANTS, OPEN OUR DOORS AND BE HELPFUL. IN THE

MEANTIME, WE'RE SPENDING 2.4 BILLION IN THIS YEAR'S BUDGET TO HELP

MIGRANTS AND ZERO, ZERO TO HELP ALL OF OUR EMPLOYERS THROUGHOUT THE

STATE OF NEW YORK HELP PAY OFF THAT UNEMPLOYMENT FUND DEBT. ZERO TO

HELP OUR EMPLOYERS. ZERO TAX CUTS FOR OUR EMPLOYERS OR OUR RESIDENTS.

WE CAN DO BETTER AND I HOPE WE WILL NEXT YEAR WHEN I'M NOT HERE.

THANK YOU, SIR.

ACTING SPEAKER ZACCARO: READ THE LAST

SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER ZACCARO: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL BE GENERALLY OPPOSED TO THIS BILL, ALTHOUGH AS NOTED BY

COLLEAGUES, SOME OF MY COLLEAGUES MAY WANT TO VOTE IN FAVOR OF IT

BECAUSE IT ALSO HAS MANY POSITIVE ASPECTS. THANK YOU, SIR.

ACTING SPEAKER ZACCARO: MRS. PEOPLES-

STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY CONFERENCE IS GENERALLY GONNA BE IN FAVOR OF THIS PIECE OF

LEGISLATION; HOWEVER, THERE MAY BE A FEW OF US THAT WOULD DESIRE TO BE

AN EXCEPTION. THEY SHOULD FEEL FREE TO DO SO AT THEIR SEATS. THANK YOU,

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NYS ASSEMBLY APRIL 19, 2024

SIR.

ACTING SPEAKER ZACCARO: THE CLERK WILL

RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ACTING SPEAKER AUBRY: MS. WILLIAMS TO

EXPLAIN HER VOTE.

MS. WILLIAMS: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. MR. SPEAKER, NEW YORK CITY HAS

SEEN MORE THAN 175,000 MIGRANTS, AND AS SOME OF OUR COLLEAGUES HAVE

SAID, LAST YEAR $1.5 BILLION AND THIS YEAR WE'RE LOOKING AT $2.4 BILLION.

MR. SPEAKER, IT BOTHERS ME THAT NEXT YEAR AROUND THIS TIME HOW MUCH

MORE BILLIONS WILL WE NEED. AND, YOU KNOW, SOME MIGHT SAY, WELL,

YOU KNOW, WE'RE DOING THE RIGHT THING. SOME MIGHT SAY, WELL, YOU

KNOW, I HOPE YOU DON'T EVER HAVE TO GO THROUGH THIS. MANY OF US IN

THIS ROOM, WE ARE IMMIGRANTS THAT CAME FROM ANOTHER COUNTRY AND

HAVE HAD TO WORK VERY HARD TO GET TO WHERE WE HAVE TO BE RIGHT NOW.

HOWEVER, WHEN WE ARE TAKING ALL THIS MONEY, $2.4 BILLION, THIS IS NOT A

SOLUTION. I'LL SAY IT AGAIN, IT IS NOT A SOLUTION. WE ARE GOING UNDER THE

NOTION THAT WE ARE GOING TO BE REIMBURSED. I WILL TELL YOU, HOLD YOUR

BREATH RIGHT NOW. HOLD YOUR BREATH. THAT $2.4 BILLION IS OUR

TAXPAYERS' DOLLARS THAT WE ARE ABUSING. WE ARE ABUSING OUR TAXPAYERS'

DOLLARS AND OUR ABILITY AS ELECTEDS. THIS IS NOT A SOLUTION, BUT IT'S

INCENTIVIZING. AND, MR. SPEAKER, WHERE IS THE COMMON SENSE IN THIS?

THIS IS NOT COMMON SENSE, IT -- IT'S NONSENSE.

SO I JUST WANT TO SAY THAT I VOTE IN THE NEGATIVE.

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NYS ASSEMBLY APRIL 19, 2024

THANK YOU.

ACTING SPEAKER AUBRY: MS. WILLIAMS IN THE

NEGATIVE.

MR. MCGOWAN TO EXPLAIN HIS VOTE.

MR. MCGOWAN: THANK YOU, MR. SPEAKER. I RISE

TO EXPLAIN MY VOTE. SIMPLY PUT, I HAVE TO BE IN THE NEGATIVE ON THIS.

$2.4 BILLION, MORE THAN DOUBLE OF WHAT WAS ALLOCATED IN LAST YEAR'S

BUDGET FOR THE MIGRANT SITUATION, THE MIGRANT CRISIS. AND DURING THE

DEBATE, WE HEARD JUSTIFICATION FOR THIS THAT FELL FAR SHORT OF SOMETHING

THAT I COULD SUPPORT. NO REAL ANSWER TO HOW THIS MONEY WILL BE SPENT.

WE HEARD ABOUT SO-CALLED "SHELTER COSTS", BUT NO DATA ON THE NUMBER OF

INDIVIDUALS, NO DATA ON THE STATUS OF THE ASYLUM CASES, NO DATA ON WHEN

THIS CRISIS WILL END.

BUT WHAT WE HAVE, MR. SPEAKER, ARE EXCUSES.

BLAMING OTHER LEVELS OF GOVERNMENT FOR THEIR FAILURES, BLAMING THE

FEDERAL GOVERNMENT FOR ITS LAX IMMIGRATION POLICY, BLAMING NEW

YORK CITY. BUT WE HAVE A RESPONSIBILITY, BECAUSE THIS IS MONEY THAT

WE ARE ALLOCATING, MONEY THAT COMES FROM TAXPAYERS WHO WE REPRESENT

AND ARE RESPONSIBLE FOR ENSURING, AS ONE OF MY COLLEAGUE SAYS, THAT OUR

BUDGET REFLECTS OUR PRIORITIES AS A STATE. SO WE CANNOT HAVE EXCUSES.

WE CANNOT BLAME OTHER LEVELS OF GOVERNMENT FOR THEIR FAILURES WHEN

WE ARE THE ONES WHO ARE ALLOCATING THIS MONEY TO THIS SITUATION. IT'S

THROWING MONEY AT A PROBLEM, AND THIS MONEY WILL NOT FIX IT. THERE IS

NO END IN SIGHT. EVERY DOLLAR THAT WE PUT INTO THIS BUDGET IS A REAL

DOLLAR. THESE COME TO US AS NUMBERS ON A PAGE, BUT THESE ARE REAL

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DOLLARS. EVERY SINGLE DOLLAR WE HAVE TO TAKE WITH UTMOST

RESPONSIBILITY, AS OUR LEGISLATIVE DUTY. AND WE HAVE A SITUATION THAT

REALLY HAS NO END DATE. WE DON'T KNOW WHEN IT'S GONNA BE RESOLVED,

AND WE REALLY DON'T KNOW WHAT THIS MONEY IS GOING TOWARDS.

SO I WANTED TO SUPPORT THIS. I WANTED TO SUPPORT SOME

OF THE GOOD THINGS IN THIS BILL, ESPECIALLY THE MONEY THAT IS BEING

ALLOCATED FOR OUR SCHOOLS. BUT I SIMPLY CAN'T WHEN THERE'S A

$2.4 BILLION PRICE TAG ATTACHED TO IT. MR. SPEAKER, I WILL BE IN THE

NEGATIVE. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. MCGOWAN IN THE

NEGATIVE.

MS. LEE TO EXPLAIN HER VOTE.

MS. LEE: THANK YOU, MR. SPEAKER. I RISE TO EXPLAIN

MY VOTE. I APPLAUD THIS BUDGET FOR THE INVESTMENT IT MAKES IN MINORITY

COMMUNITIES, INCLUDING THE ASIAN AND JEWISH COMMUNITIES IN MY

DISTRICT. FOR THE SECOND YEAR IN A ROW, IT SETS A RECORD FOR THE AMOUNT

OF FUNDING ALLOCATED TO THE ASIAN-AMERICAN COMMUNITY, INCLUDING

$30 MILLION TO NON-PROFITS SERVING ASIAN COMMUNITIES, A $350,000

INVESTMENT FOR CUNY'S ASIAN AMERICAN/ASIAN RESEARCH INSTITUTE, AND

$350,000 FOR THE CREATION OF AN ASIAN LEADERSHIP INSTITUTE AT SUNY.

IT SUPPORTS JEWISH NEW YORKERS BY PROVIDING $25 MILLION TO ENHANCE

SECURITY AT NON-PUBLIC SCHOOLS AND HOUSES OF WORSHIP; FUNDING WHICH

CAN BE USED TO PROVIDE YESHIVAS AND SYNAGOGUES IN MY DISTRICT

STRONGER PROTECTION AND VALUABLE PEACE OF MIND.

I REPRESENT A COMMUNITY ALSO WITH DISPROPORTIONATELY

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NYS ASSEMBLY APRIL 19, 2024

HIGH POVERTY -- POVERTY RATES, SO I ALSO WANT TO RECOGNIZE THIS BUDGET

FOR THE INVESTMENTS IT MAKES TO SUPPORT LOW-INCOME FAMILIES. IT

COMMITS $140 MILLION IN CAPITAL FUNDING TO NYCHA, AND IT ALLOCATES

$4 MILLION TO INCREASE FUNDING FOR SETTLEMENT HOUSES FOR THE FIRST TIME

IN 20 YEARS, HELPING THE HISTORIC SETTLEMENT HOUSES IN MY DISTRICT

EXPAND THEIR SAFETY NET SERVICES TO HELP LOW-INCOME IMMIGRANT

COMMUNITIES.

TOGETHER, THESE INVESTMENTS WILL MAKE A REAL

DIFFERENCE FOR MARGINALIZED MEMBERS OF MY COMMUNITY, AND I THANK

THE SPEAKER FOR HIS SUPPORT AND MY COLLEAGUES FOR THEIR TIRELESS WORK

FOR THIS BUDGET. THANK YOU.

ACTING SPEAKER AUBRY: MS. LEE IN THE

AFFIRMATIVE.

MS. JEAN-PIERRE TO EXPLAIN HER VOTE.

MS. JEAN-PIERRE: THANK YOU, MR. SPEAKER.

RECENTLY, THE AMITYVILLE UNION FREE SCHOOL DISTRICT WAS LISTED AS A

FINANCIAL DISTRESSED SCHOOL DISTRICT, AND IT'S EXPERIENCING A STARK

FINANCIAL SHORTFALL. THE DISTRICT HAS ALREADY SEEN SERIOUS COST-CUTTING

MEASURES, LAYING OFF MULTIPLE TEACHERS AND ADMINISTRATORS, CANCELING

SCHOOL TRIPS AND CUTTING IMPORTANT PROGRAMS, SUCH AS AN AP CLASS.

EVEN AFTER THESE CUTS, THE DISTRICT'S CONTINUED TO DISCUSS ADDITIONAL

CUTS, INCLUDING THE POTENTIAL CLOSURE OF THE NORTHEAST ELEMENTARY

SCHOOL. IN A RECENT BUDGET MEETING FOR THE COMMUNITY, THE POTENTIAL

CLOSURE OF THE SCHOOL WAS DISCUSSED, HIGHLIGHTING THE URGENT NEED FOR

IMMEDIATE AND IMPACTFUL FINANCIAL INTERVENTION TO SUSTAIN AND PRESERVE

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THE STUDENTS' EDUCATIONAL ENVIRONMENT. THESE UNPRECEDED [SIC]

PROPOSED CUTS WERE EXTREMELY CONCERNING TO THE AMITYVILLE

COMMUNITY. MANY OF THE CONCERNED PARENTS AND COMMUNITY MEMBERS

REACHED OUT TO MY OFFICE SEEKING HELP. TODAY, I AM PROUD TO SAY

UNDER THE LEADERSHIP OF THE SPEAKER AND WITH THE MAJORITY COLLEAGUES,

WE ARE ABLE TO ANSWER THEIR CRY FOR HELP. THIS LEGISLATIVE BODY OFFERED

THE DISTRICT A LIFETIME [SIC], OFFERING $2 MILLION IN ORDER TO KEEP THE EL

-- NORTHEAST ELEMENTARY SCHOOL OPEN AND HIRE A FISCAL CONSULTANT WHO

WILL ASSIST THE DISTRICT IN FUTURE PLANNING, FUTURE FINANCIAL PLANNING.

THIS FUNDING ALSO SAVES THE DISTRICT FROM CUTTING THEIR PRE-K PROGRAM

AND THE JOBS OF 32 HARDWORKING TEACHERS. I CANNOT THANK MR. SPEAKER

ENOUGH FOR ALL OF THE HARD TO MAKE THIS HAPPEN.

I WOULD LIKE TO THANK THE MANY COLLEAGUES AND THE

MANY PARENTS WHO REACHED OUT TO MY OFFICE, AND I'LL BE VOTING IN THE

AFFIRMATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. JEAN-PIERRE IN

THE AFFIRMATIVE.

MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: THANK YOU, MR. SPEAKER. I RISE TO

EXPLAIN MY VOTE. THERE ARE MANY, MANY ORGANIZATIONS, SCHOOL DISTRICTS

AND COMMUNITIES THAT ARE GOING TO BENEFIT FROM THIS BUDGET, FROM THIS

-- THE MONIES ALLOCATED IN THIS BILL. FROM MY DISTRICT, THE WESTERN EDGE

OF MY DISTRICT, YOU CAN LOOK INTO THE HARBOR AND YOU CAN SEE THE STATUE

OF LIBERTY. AND THE STATUE OF LIBERTY IS HOLDING A TABLET AND A TORCH,

LIGHTING THE WAY INTO THIS COUNTRY THAT HAS ACCEPTED SO MANY OF OUR

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ANTECEDENTS WHO CAME HERE WHEN THE PEOPLE WHO WERE HERE WEREN'T SO

HAPPY ABOUT THEM COMING. IT'S A TABLET AND A TORCH, NOT A LADDER TO BE

PULLED UP BEHIND HER.

I AM PROUD THAT WE ARE PROVIDING SUPPORT TO PEOPLE

WHO HAVE COME HERE JUST LIKE EVERY OTHER WAVE, MANY OF WHOM WERE

NOT ACCEPTED. MANY OF WHOM WERE TOLD TO GO AWAY. MANY OF WHOM

ARRIVED AND SAW, NOT WANTED. DO NOT APPLY. LEAVE. BUILD OUR

RAILROADS BUT THEN WE'RE GOING TO EXCLUDE YOU. YOU'RE RUNNING AWAY

FROM A HOLOCAUST? TOO BAD, WE DON'T WANT YOU. I'M PROUD THAT WE

HAVE STRUCK A BALANCE THAT WE'RE SUPPORTING NEW YORKERS AND NEW

NEW YORKERS.

I WITHDRAW MY REQUEST AND PROUDLY VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. GLICK IN THE

AFFIRMATIVE.

MS. FAHY TO EXPLAIN HER VOTE.

MS. FAHY: THANK YOU, MR. SPEAKER. I RISE TO

EXPLAIN MY VOTE, AND THERE'S A NUMBER OF THINGS THAT I WANT TO NOTE AS

WELL. LET ME START WITH A NUMBER OF LOCAL ISSUES THAT I'M SO PROUD OF

THAT ARE IN THIS -- IN THIS BILL, AND THAT IS UALBANY, THEIR RNA INSTITUTE

WHICH IS FOR RESEARCH AND THERAPEUTICS. IT'S REALLY GOING TO FUEL THE

BIOECONOMY HERE LOCALLY. IT'S A CENTER OF EXCELLENCE AND SO PLEASED

THAT THE SPEAKER HAS RECOGNIZED THIS. IT WILL GO A LONG WAY TOWARD

RESEARCH MONEY FOR UALBANY. ALIVE DOWNTOWN, SO PLEASED WITH MY

UPSTATE COLLEAGUES. WE'VE WORKED HARD TO GET THEATER MONEY FOR A

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NYS ASSEMBLY APRIL 19, 2024

WHOLE HOST OF THEATERS, INCLUDING IN THIS DISTRICT. THE ALBANY DAMIAN

CENTER WILL ALSO BENEFIT WITH HEALTH AND WRAPAROUND SERVICES FOR THOSE

WITH HIV. THE MAP PROGRAM, WE'RE GONNA TRY AGAIN ON THE MULTICRAFT

APPRENTICESHIP PROGRAM HERE LOCALLY, AND AS WELL AS AIM OVERALL,

INCLUDING THE ALBANY CITY -- CAPITAL CITY FUNDING AND THE ALBANY LAW

CLINIC.

LET ME ALSO MENTION HOW PLEASED I AM AS HIGHER ED

CHAIR THAT WE'VE INCLUDED ADDITIONAL FUNDING FOR COMMUNITY COLLEGES,

NOT EVERYTHING WE WANTED.

AND THEN LET ME ALSO STAND IN SUPPORT OF THE $2.4

BILLION FOR MIGRANTS, INCLUDING -- I'M PLEASED THE SPEAKER GAVE US

MONEY FOR SOME OF THE NON-PROFITS HERE UPSTATE. I TRY TO NEVER FORGET

WHERE I CAME FROM. I AM THE DAUGHTER OF IMMIGRANTS. BOTH MY

PARENTS LOOKED AT THAT STATUE OF LIBERTY WHEN THEY CAME OFF THE BOAT

INTO THIS COUNTRY. AND AS WITH ANY OTHER IMMIGRANT, MOST IMMIGRANTS

THAT HAVE COME TO THIS COUNTRY, THEY, TOO, CAME FOR TWO REASONS: THE

CHANCE AT A JOB, THEY HAD NO EDUCATION, THE CHANCE THAT THEIR CHILDREN

WOULD HAVE AN EDUCATION. NEITHER OF MY PARENTS SOUGHT A SECONDARY

SCHOOL. SO IT IS THE SAME UNIVERSAL GOAL. I READILY ADMIT, WE HAVE AN

IMMIGRATION MESS, WE ARE DESPERATELY IN NEED OF IMMIGRATION REFORM.

WE CAN'T SOLVE THAT, BUT WE ALSO CAN'T IGNORE WHAT IS RIGHT HERE ON OUR

DOORSTEP HERE IN ALBANY, BUT MOSTLY IN THE CITY. SO I'M PLEASED WE

HAVE NON-PROFIT MONEY. AND NONE OF US SHOULD FORGET WHERE WE COME

FROM. AND JUST AS MY PARENTS HAD THAT OPPORTUNITY, I WANT TO MAKE

SURE OTHERS DO, AND WITH THAT I VOTE IN THE AFFIRMATIVE.

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THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. FAHY IN THE

AFFIRMATIVE.

MR. BURDICK.

MR. BURDICK: THANK YOU, MR. SPEAKER. I WISH TO

THANK THE SPEAKER AND ALL OF OUR TREMENDOUS STAFF FOR PUTTING TOGETHER

THIS BUDGET. AND IT'S ONE WHICH I THINK WE ALL CAN BE PROUD OF. AND

ALSO, AS OTHERS HAVE SAID SIMILARLY, BEING THE GRANDSON OF IMMIGRANTS

FROM ITALY, I AM VERY PLEASED TO SEE FUNDING FOR IMMIGRATION AND LEGAL

SERVICES TO HELP THOSE COMING TO OUR SHORES FOR A NEW LIFE. AND I WANT

TO THANK THE SPEAKER FOR PROVIDING FOR FUNDING FOR ORGANIZATIONS,

COMMUNITY-BASED ORGANIZATIONS IN WESTCHESTER COUNTY THAT SERVE OUR

COUNTY SO WELL, INCLUDING THE HOLOCAUST HUMAN RIGHTS EDUCATION

CENTER, ARTS WESTCHESTER, MAKE THE ROAD NEW YORK, LEGAL SERVICES

OF THE HUDSON VALLEY, BOYS AND GIRLS CLUB OF NORTHERN WESTCHESTER,

LATINO U COLLEGE ACCESS, EL CENTRO HISPANO, HOPE'S DOOR, PACE

WOMEN'S JUSTICE CENTER, AND MY SISTER'S PLACE. ALL OF THESE DO

INCREDIBLY GOOD WORK FOR THE PEOPLE OF OUR COUNTY, AND I'M VERY

PLEASED TO SEE THIS FUNDING HERE IN THIS BILL.

THANK YOU VERY MUCH, AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. BURDICK IN THE

AFFIRMATIVE.

MR. LAVINE TO EXPLAIN HIS VOTE.

MR. LAVINE: THANK -- THANK YOU. SO THIS ISSUE OF

THE MIGRANTS, AND I'M FULLY AWARE THAT SOME OF MY COLLEAGUES HERE

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TODAY HAVE REFERRED TO THEM AS THE ILLEGALS; SOME OF THEM HAVE BEEN

FAIRLY KIND AND REFERRED TO THEM AS UNDOCUMENTED. AND PERHAPS I FEEL

A CERTAIN ALLIANCE WITH THEM BECAUSE I GREW UP IN AN IMMIGRANT HOME.

ALL OF MY GRANDPARENTS WHO CAME HERE FROM RUSSIA HAD SEEN THE

WORST, AS OF THAT TIME, OF ANTI-SEMITIC ACTS. ONE GRANDMOTHER HID IN A

HAY WAGON AS A LITTLE GIRL AND WATCHED HER FRIENDS BUTCHERED BY THE

(INAUDIBLE) AXE. ANOTHER GRANDMOTHER LOST 11 OF HER BROTHERS AND

SISTERS AND ALL THEIR FAMILIES IN THE HOLOCAUST.

SO THE QUESTION TO ME SEEMS TO BE THIS: MANY OF MY

RELATIVES WOULDN'T HAVE BEEN ABLE TO COME HERE FROM EUROPE HAD IT NOT

BEEN FOR THE JOHNSON-REED ACT OF 1924, WHICH SEVERELY LIMITED JEWISH

IMMIGRATION TO THE UNITED STATES. AND IT SEEMS AS IF HISTORY SORT OF

REPEATS ITSELF BECAUSE TODAY, IMMIGRATION RESTRICTIONISTS CREATE THE

PROBLEM AND THEN DEMAND EVEN MORE RESTRICTIONS TO FIX THE PROBLEM,

WHICH MAKES NO SENSE WHATSOEVER. SO THE QUESTION IS, OF ALL THE

IMMIGRANTS WHO HAVE -- HAVE COME HERE, MANY OF THEM BUSED BY OUR

SISTER STATES OF FLORIDA AND TEXAS, WHAT THE HECK DO YOU EXPECT WE'RE

SUPPOSED TO DO WITH THESE FOLKS? JUST LET THEM HANG OUT IN THE STREETS?

LET THEM BEG, LET THEM STARVE? THAT'S NOT AMERICA, AND THAT'S

UN-AMERICAN. BUT I WILL SAY THIS: THAT I DO WANT TO EXPRESS GRATITUDE

TO AT LEAST ONE PERSON ON THE OTHER SIDE OF THE AISLE WHO REFERRED TO

THEM AS REFUGEES. I AM A REFUGEE, MANY OF US HERE ARE REFUGEES. LET'S

DO WHAT WE CAN TO LIVE IN THE WORLD OF REALITY AND TO PROTECT EVERYONE

WHO --

ACTING SPEAKER AUBRY: MR. --

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NYS ASSEMBLY APRIL 19, 2024

MR. LAVINE: -- WHO IS HERE IN OUR STATE OF NEW

YORK. I CERTAINLY --

ACTING SPEAKER AUBRY: MR. --

MR. LAVINE: -- VOTE IN THE --

ACTING SPEAKER AUBRY: HOW DO YOU VOTE?

MR. LAVINE: -- AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU VERY

MUCH.

MR. BROOK-KRASNY TO EXPLAIN HIS VOTE.

MR. BROOK-KRASNY: GOOD AFTERNOON --

ACTING SPEAKER AUBRY: GOOD AFTERNOON.

MR. BROOK-KRASNY: GOOD EVENING, MR.

SPEAKER.

ACTING SPEAKER AUBRY: WELL -- OKAY, GOOD

EVENING.

MR. BROOK-KRASNY: I CAME HERE IN 1989 AS A

REFUGEE, MR. SPEAKER. THERE IS A DEFINITION OF BEING A REFUGEE, A LEGAL

DEFINITION OF BEING A REFUGEE IN THIS COUNTRY, BUT I'M NOT GOING TO

SPEND THE TIME ON THAT BECAUSE EVERY PERSON WHO'S SITTING HERE IN THIS

CHAMBER UNDERSTANDS WHAT A REFUGEE IS AND WHAT'S THE DIFFERENCE

BETWEEN A REFUGEE AND ILLEGAL IMMIGRANT, MR. SPEAKER.

I LEFT SOVIET UNION IN 1989 WITH $90 IN MY POCKET. I

SPENT 11 MONTHS IN ITALY WORKING AS A FISHERMAN, GETTING ABOUT 5 MILOS

(PHONETIC) PER HOUR -- PER HOUR, YES. FIVE MILOS (PHONETIC) WAS ABOUT

$4.50. AND I'M NOT TALKING ABOUT MYSELF NOW. RIGHT NOW I'M

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NYS ASSEMBLY APRIL 19, 2024

SPEAKING ABOUT THOUSANDS, THOUSANDS, HUNDREDS OF THOUSANDS OF

REFUGEES WHO CAME TO THIS COUNTRY LEGALLY. BY GIVING MONEY TO ILLEGAL

IMMIGRANTS I THINK YOU, LADIES AND GENTLEMEN, YOU'RE JUST SPOILING

PEOPLE. YOU'RE NOT GIVING THEM A CHANCE TO BUILD THEIR OWN AMERICAN

DREAM. BUT YOU'RE NOT ONLY SPOILING ILLEGAL IMMIGRANTS, YOU'RE

SPOILING A LOT OF PEOPLE IN THE CITY, IN THIS STATE AND THE COUNTRY,

PEOPLE WHO ARE LOOKING AT THOSE WHO CAME HERE ILLEGALLY AND ASKING US

LEGISLATORS WHY ARE WE DOING IT. I THINK IT'S UN-AMERICAN TO LET ILLEGAL

IMMIGRANTS COME -- COME INTO THIS COUNTRY, IT IS UN-AMERICAN.

MR. SPEAKER, UNFORTUNATELY I HAVE TO VOTE --

ACTING SPEAKER AUBRY: AND YOU NEED TO VOTE

NOW.

(LAUGHTER)

MR. BROOK-KRASNY: MR. SPEAKER, IT'S VERY HARD

FOR ME --

ACTING SPEAKER AUBRY: I UNDERSTAND.

MR. BROOK-KRASNY: -- BECAUSE THERE ARE A LOT

OF GOOD STUFF IN THIS BUDGET, A LOT.

ACTING SPEAKER AUBRY: I UNDERSTAND, BUT YOU

MR. BROOK-KRASNY: BUT I JUST CANNOT SUPPORT

THIS $2.4 BILLION FOR ILLEGAL IMMIGRANTS.

ACTING SPEAKER AUBRY: I PRESUME. MR.

BROOK-KRASNY --

MR. BROOK-KRASNY: I'M SORRY.

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NYS ASSEMBLY APRIL 19, 2024

NAY, THANK YOU.

ACTING SPEAKER AUBRY: -- IN THE NEGATIVE,

THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK -- THANK YOU, MR.

SPEAKER, TO EXPLAIN MY VOTE. I'M -- I AM A LITTLE BIT CONCERNED ABOUT A

LOT OF THE CONVERSATION THAT I'M -- I'M HEARING HERE OF LATE, BECAUSE I

KNOW THAT THERE'S NOT -- I BELIEVE THERE'S NOT ONE NATIVE AMERICAN IN

THE ROOM RIGHT NOW, WHICH MEANS THAT THE ONLY NATURAL AMERICAN IS

NATIVE AMERICANS. EVERYBODY ELSE CAME HERE AS AN IMMIGRANT, EITHER

STOLEN FROM THEIR COUNTRY TO WORK, OR DECIDING TO COME BECAUSE THERE

WERE TERRIBLE THINGS HAPPENING IN THEIR COUNTRY AND THEY WANTED A

BETTER LIFE. AND THAT STATUE OF LIBERTY THAT OUR COLLEAGUE TALKED ABOUT

EARLIER OFFERED THEM THAT GLIMMER OF HOPE.

NOW, THAT HOPE IS SLIM, BUT IT IS A GLIMMER THAT THERE

IS SOME HOPE. AND HONESTLY, WHEN I THINK ABOUT THE NUMBER OF PEOPLE

WHO CAME TO TEXAS, CAME TO FLORIDA AND GOT PUT ON SOME OTHER VESSEL,

A PLANE OR A BOAT OR WHATEVER AND SENT TO NEW YORK, THEY PROBABLY

THOUGHT TO THEYSELF [SIC], OH, I THOUGHT I CAME TO THE RIGHT PLACE, THESE

PEOPLE ARE SHIPPING ME OFF ALREADY. UNFORTUNATELY FOR THOSE REFUGEES,

IMMIGRANTS, HOWEVER YOU WANT TO CALL THEM, THEY ARE NOT GONNA BE

TREATED FAIR IN THIS COUNTRY. THEY'RE NOT GONNA BE TREATED FAIR, THEY'RE

GONNA RUN INTO THE SAME RACISM, CLASSISM AND SEXISM THAT MY PEOPLE

HAVE SUFFERED IN THIS COUNTRY AND STILL SUFFER. YOU CAN HEAR IT BEING

SPEWED IN THIS CHAMBER AS WE SPEAK TODAY ON A REGULAR BASIS.

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NYS ASSEMBLY APRIL 19, 2024

SO I SAY TO THEM THAT ARE COMING, YES, THEY ARE

WELCOME BY SOME. BUT BE AWARE, BECAUSE WHEN YOU GET HERE YOU'RE

GONNA FIND SOME PEOPLE WHO CALL THEMSELVES TRUE AMERICANS AND

PATRIOTS. THEY'RE GONNA WANNA SEND YOU HOME AND LET -- OR EITHER LET

YOU LIVE ON THE STREET, HUNGRY, NOT EDUCATE YOUR CHILDREN, NOT ALLOW

YOU ANY OF THE FREEDOMS THAT YOU THOUGHT YOU WERE COMING TO GET,

PERIOD. THAT'S NOT FAIR, THAT'S NOT RIGHT. IT'S NOT ONLY UN-AMERICAN BUT

IT'S UN-GODLY.

MR. SPEAKER, I AM PLEASED TO VOTE IN SUPPORT OF THIS

LEGISLATION, EVEN THOUGH I QUITE HONESTLY BELIEVE THERE IS A BETTER WAY

TO DO THIS. I WISH WE COULD FIGURE THAT OUT FOR NEW YORK STATE, QUITE

FRANKLY, LET US BE IN CHARGE OF THAT. I GUARANTEE WE'LL HAVE IT WORKED

OUT BY NEXT YEAR. BUT WE'RE NOT IN CHARGE OF IT, THERE ARE 50 STATES IN

THIS COUNTRY. THEY ALL HAVE REPRESENTATIVES THAT ARE SUPPOSED TO BE

MAKING THIS DECISION, AND THEY SHOULD DO IT. THANK YOU, MR. SPEAKER.

(APPLAUSE)

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES

-- MRS. PEOPLES-STOKES IN THE AFFIRMATIVE.

MR. CHANG.

MR. CHANG: THANK YOU, MR. SPEAKER. YOU KNOW,

MY FAMILY JUST CAME OVERSEAS, ALL RIGHT, FROM THE -- FROM THE TRANS

EXCLUSION ACT [SIC]. THAT'S HOW MY FAMILY CAME OVER LEGALLY. MY

FIRST LATE-WIFE CAME TO THIS COUNTRY LEGALLY. MY CURRENT WIFE CAME TO

THIS COUNTRY LEGALLY. I BORN IN CHINATOWN, I LIVED IN A RAILROAD

APARTMENT, WE STRUGGLED. IT WASN'T PLEASANT, I REMEMBER THAT. BUT WE

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NYS ASSEMBLY APRIL 19, 2024

PAID OUR DUES. WE STRUGGLED, LEGALLY. I SERVED MY COUNTRY, WENT TO

WAR AND DUTIFULLY PAY MY TAXES. REFUGEES LIKE OUR MEMBER

BROOK-KRASNY, SEVERAL YEARS AGO UKRAINIAN [SIC] BOMB -- BOMBED BY

RUSSIANS. THEY CAME OVER HERE, THEY'RE REFUGEES. THE ONE AT THE

BORDERS DOWN IN TEXAS, I DON'T KNOW IF THEY ARE REFUGEES OR NOT IN A

TRUE SENSE, BEING LABELED AS ASYLUM, WHO KNOWS. BUT THERE ARE WAYS

TO PROCESS LEGALLY. IT TAKES TIME, BUT YOU PAY YOUR TIME. YOU -- THERE'S

A PROCESS TO DO THIS, AND I BELIEVE IN THAT PROCESS. BUT THE WAY THIS

CURRENT SYSTEM, THIS MIGRATION THAT -- DUMPING NEW YORK ALL THESE

MIGRANTS IN HERE ALL AT ONCE WITHOUT THE PROCESS IS UNFAIR TO US, UNFAIR

TO OUR TAXPAYERS. A HUNDRED YEARS AGO THERE WAS ELLIS ISLAND,

PROCESSED BOATLOADS OF MIGRANTS, BUT THERE'S A PROCESS. WE CAN'T EVEN

PROCESS BY THE BUSLOAD RIGHT NOW.

SO MR. SPEAKER, I VOTE NEGATIVE ON THIS BILL. THANK

YOU.

ACTING SPEAKER AUBRY: MR. CHANG IN THE

NEGATIVE.

MR. DURSO.

MR. DURSO: THANK YOU, MR. SPEAKER. I RISE TO

EXPLAIN MY VOTE. OBVIOUSLY, TENSIONS CAN GET HIGH ESPECIALLY IN THIS

CHAMBER WITH THIS TYPE OF BILL AND SOME OF THE LANGUAGE THAT'S IN IT,

BUT I'D LIKE TO SAY I -- I DON'T THINK THIS IS ABOUT -- WHEN WE'RE TALKING

ABOUT THE $2.3 MILLION FOR THE MIGRANT CRISIS, I KNOW PERSONALLY THIS

HAS NOTHING TO DO WITH RACISM OR PLACE-ISM, OR -- OR PUTTING PEOPLE IN

THEIR PLACE OR PEOPLE BEING AFRAID OF PEOPLE COMING INTO THIS COUNTRY.

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NYS ASSEMBLY APRIL 19, 2024

I BELIEVE MOST OF US -- I DON'T WANT TO SPEAK FOR EVERYBODY -- BELIEVE IN

IMMIGRATION. MY GRANDPARENTS, AS OTHERS HERE, CAME, IMMIGRATED

FROM ITALY. THEY DID IT LEGALLY, THEY WORKED HARD. I BELIEVE IN THAT.

I BELIEVE WE ALSO SHOULDN'T BE FIXING THE FEDERAL

GOVERNMENT'S PROBLEMS. THIS IS THE FEDERAL GOVERNMENT'S PROBLEM,

THIS IS NOT NEW YORK STATE'S PROBLEM TO DEAL WITH. THE FEDERAL

GOVERNMENT SHOULD BE GIVING ME -- GIVING US MONEY IN THIS STATE TO

DEAL WITH THIS PROBLEM. IT'S NOT SOMETHING THAT WE SHOULD BE DOING

WITH TAXPAYER MONEY FROM NEW YORK STATE, AND WE SURE SHOULDN'T BE

BALANCING THE BUDGET ON THE BACKS OF OUR STUDENTS. THIS IS SOMETHING

THAT WE TALKED ABOUT LEADING UP TO THIS BUDGET, WHETHER IS THE MONEY

FOR EDUCATION AND THE STUFF THAT I BROUGHT UP BEFORE WHEN IT COMES TO

THE BOCES FUNDING; $55 MILLION COULD HAVE GOT VOCATIONAL PROGRAMS

AND THE NECESSARY TEACHERS TO TEACH KIDS, TO GIVE THEM AN EDUCATION, TO

GIVE A SKILL. THAT'S SOMETHING I'D SAID BEFORE. YOU COULD FUND FREE

SCHOOL MEALS FOUR-TIMES OVER WITH THE AMOUNT OF MONEY THAT WE'RE

GIVING NEW YORK CITY FOR THE MIGRANT CRISIS THAT SHOULD BE PAID FOR BY

THE FEDERAL GOVERNMENT. BUT NEW YORK STATE, ONCE AGAIN, INSTEAD OF

FEEDING THE KIDS OF OUR TAXPAYING NEW YORKERS, ARE GONNA GIVE THAT

MONEY TO THOSE THAT ARE COMING INTO THIS COUNTRY, SOME LEGALLY, SOME

ILLEGALLY. IF THEY'RE SEEKING ASYLUM, IF THEY'RE -- YOU KNOW, WE'RE

CALLING THEM MIGRANTS, HOWEVER YOU WANNA CALL IT, THE FACT OF THE

MATTER IS IS THAT WE'RE NOT TAKING CARE OF THE CHILDREN OF THIS STATE.

THAT IS WHAT WE'RE CHARGED TO DO. WE'RE CHARGED TO AND WE'RE ELECTED

TO TAKE CARE OF THE CHILDREN OF OUR CONSTITUENTS. THAT'S WHAT WE SHOULD

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NYS ASSEMBLY APRIL 19, 2024

BE DOING HERE, NOT TAKING CARE OF EVERYBODY. THAT'S THE FEDERAL

GOVERNMENT'S PROBLEM.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. DURSO IN THE

NEGATIVE.

MS. SIMON TO EXPLAIN HER VOTE.

MS. SIMON: THANK YOU, MR. SPEAKER. I'VE BEEN

LISTENING TO THE DEBATE THIS EVENING, AND IT'S FOCUSED ON ONE THING, EVEN

THOUGH THIS BILL PROVIDES A LOT OF SUPPORT TO LOCALITIES FOR THOSE PROJECTS

AND THOSE PROGRAMS THAT OUR CITIES AND OUR TOWNS AND OUR VILLAGES

NEED. BUT THE REALITY IS THAT THIS CONVERSATION ABOUT THE MIGRANTS WHO

ARE HERE WITH US HAS COME UP AGAIN AND AGAIN AND AGAIN. I HAVE A LOT

OF THE NEW MIGRANTS IN MY DISTRICT AS WELL, AND NOT EVERYBODY'S HAPPY

ABOUT IT. BUT EVERY SINGLE ONE OF US CAME HERE FROM SOMEWHERE ELSE,

AND MANY OF OUR RELATIVES CAME HERE NOT LEGALLY BECAUSE, IN FACT, THERE

REALLY WASN'T A LEGAL PROCESS AT THAT TIME. THEY BOUGHT A TICKET, GOT ON

A BOAT AND ARRIVED. AND IF THEY WERE NOT OBVIOUSLY ILL, THEY WERE KEPT

HERE. THEY WERE NOT SENT BACK. THAT'S IN THE OLD DAYS OF ELLIS ISLAND.

BUT THE REALITY IS THAT SOMEONE WHO IS SEEKING ASYLUM IS LEGAL. IT IS

LEGAL TO SEEK ASYLUM AND TO ENTER THIS COUNTRY SEEKING ASYLUM. SO IF

YOU THINK THAT EVERYBODY WHO COMES IN SEEKING ASYLUM IS SOMEHOW OR

OTHER ILLEGAL, YOU ARE JUST WRONG ON THE LAW.

THANK YOU, AND I WILL BE VOTING IN THE AFFIRMATIVE.

(APPLAUSE)

ACTING SPEAKER AUBRY: MS. SIMON IN THE

219

NYS ASSEMBLY APRIL 19, 2024

AFFIRMATIVE.

MR. TAGUE.

MR. TAGUE: I DON'T KNOW IF I WANT TO GO AFTER MRS.

SIMON NOW.

ACTING SPEAKER AUBRY: I THINK YOU MIGHT

THINK ABOUT THAT.

MR. TAGUE: MR. SPEAKER, I RISE TO EXPLAIN MY

VOTE. AND AS MANY HAVE SAID BEFORE, SOME OF THE FUNDING IN THIS BILL,

IT'S VERY HARD TO VOTE AGAINST THIS, ESPECIALLY THE EDUCATION FUNDING.

HOWEVER, I, TOO, AM AGAINST THE FUNDING GOING FOR THE MIGRANT CRISIS.

AND THE REASON WHY IS IS I DON'T REMEMBER US SPENDING $2.4 BILLION ON

OUR VETERANS; THE PEOPLE THAT HAVE PAVED THE WAY FOR THIS COUNTRY, THE

PEOPLE THAT HAVE DIED AND SPILT THEIR BLOOD FOR US. YESTERDAY, WE STOOD

BACK HERE WITH A WHOLE BUNCH OF VETERANS AND EVERYBODY RUSHED OVER

THERE TO GET THEIR PICTURES WITH THEM. BUT WE SURE DON'T HAVE THAT KIND

OF MONEY IN THE BUDGET FOR THE VETERANS, ESPECIALLY THOSE THAT ARE

SLEEPING ON THE STREETS OF OUR CITIES BECAUSE THEY'VE COME UPON HARD

TIMES. I DON'T SEE THREE- OR FOUR-HOUR DEBATES IN HERE ON THOSE

VETERANS, BUT BOY, EVERYBODY'S DANDER GETS UP WHEN WE TALK ABOUT

ILLEGAL MIGRANTS.

SO, UNFORTUNATELY, I CANNOT GO BACK TO THE TAXPAYERS

IN MY DISTRICT AND TELL THEM THAT THEY HAVE TO FOOT THE BILL FOR PEOPLE

THAT ARE HERE ILLEGALLY WHEN WE FAIL TO TAKE CARE OF THE VETERANS THAT

HAVE FOUGHT TO KEEP THIS COUNTRY FREE AND SAFE. SO I'LL BE VOTING IN THE

NEGATIVE, MR. SPEAKER. THANK YOU.

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NYS ASSEMBLY APRIL 19, 2024

ACTING SPEAKER AUBRY: MR. TAGUE IN THE

NEGATIVE.

MR. SIMONE.

MR. SIMONE: I RISE -- I RISE IN SUPPORT OF THIS

LEGISLATION. MY MOM IS AN IMMIGRANT FROM PERU. OUR NATION GAINS IN

STRENGTH FROM IMMIGRANTS. WHEN YOU HAVE NO SOLUTIONS, YOU ONLY

WANT TO SPREAD FEAR. LOOK AT THE TABLOIDS CONSTANTLY CLAIMING THAT ALL

THESE IMMIGRANTS COMING TO THIS NATION ARE SIMPLY HERE TO COMMIT

CRIMES. THAT IS SO FALSE. THE VAST MAJORITY HERE ARE TO FIND WORK.

THEY ARE FLEEING PERSECUTION AND POVERTY, CLIMATE CRISIS, MANY THINGS

-- MANY OF THESE THINGS CAUSED BY OUR OWN NATION AND OTHER WORLD

POWERS. MOST HAVE COME JUST TO FULFILL AND FIND THE AMERICAN DREAM.

THEY CONTRIBUTE FAR MORE IN BILLIONS OF DOLLARS THAN THEY TAKE FROM THIS

ECONOMY, YET IT'S EASY TO POINT A FINGER TO THEM. IT'S BEEN HAPPENING

FOR DECADES. WHEN A CERTAIN PARTY OR CERTAIN INDIVIDUALS HAVE NO

SOLUTIONS, IT'S EASY TO BLAME THE OTHER. THERE IS A LABOR SHORTAGE IN THIS

COUNTRY AND IN THIS STATE AND NATION. MOST OF THESE FAMILIES I VISIT AT

THE (INAUDIBLE) IN MY DISTRICT WANT TO WORK, THEY BEG TO WORK. MOTHERS

HAVE TOLD ME IN NATIVE SPANISH, EVEN THOUGH MY SPANISH ISN'T THE BEST,

THAT THEY WANT TO WORK, JUST LET ME WORK. I DON'T WANT TO GO BACK TO

MY COUNTRY WHERE I'VE BEEN PERSECUTED, OR -- OR PEOPLE HAVE COME

AFTER MY FAMILY BECAUSE OF GOVERNMENT STRIFE, SOMETIMES CAUSED BY

OUR OWN NATION. IF WE REALLY WANTED TO SOLVE THIS PROBLEM, THE OTHER

PARTY AND OUR PARTY WOULD DEMAND THAT THE NATIONAL GOVERNMENT, BOTH

PARTIES, SIT DOWN AND PASS COMPREHENSIVE IMMIGRATION REFORM, LIKE THE

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NYS ASSEMBLY APRIL 19, 2024

PAST PRESIDENT RONALD REAGAN DID WITH THE DEMOCRATIC SPEAKER. IF

THEY REALLY WANTED SOLUTIONS TO THIS, BUT THEY PREFER TO USE THIS FOR

POLITICAL GAIN, THEY PREFER TO MAKE US SCARED OF THE IMMIGRANTS COMING

HERE, THAT THEY'RE GONNA HURT US AND ATTACK US, EVEN WHEN THERE'S ONLY A

FEW CRIMES THAT THEY CAN POINT TO, BECAUSE THEY DON'T REALLY WANT TO

SOLVE THIS PROBLEM. THEY RATHER HELP SPREAD FEAR, BECAUSE FEAR

MONGERS DON'T HAVE SOLUTIONS. I PREFER HOPE. HOPE ALWAYS DEFEATS

FEAR. AND IF WE REALLY WANT TO SOLVE THIS PROBLEM, WHEN WE PUSH THE

NATIONAL -- FEDERAL GOVERNMENT TO PASS IMMIGRATION REFORM --

ACTING SPEAKER AUBRY: MR. --

MR. SIMONE: -- WE WOULD PUSH TO MAKE SURE WE

EMPLOY THESE FOLKS.

ACTING SPEAKER AUBRY: MR. -- MR. SIMONE.

MR. SIMONE: THANK YOU VERY MUCH, AND I VOTE IN

THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: I DO APPRECIATE THAT,

SIR.

MR. DAIS.

MR. DAIS: I RISE TO EXPLAIN MY VOTE. I UNDERSTAND

THIS IS A COMPLEX ISSUE, BUT THE REALITY IS, AS MANY HAVE SAID, MANY OF

US WERE MIGRANTS AT ONE TIME. IF WE TAKE THIS TIME PERIOD BACK TO

1824, THAT SENTIMENT WOULD HAVE BEEN AGAINST IF YOU WERE IRISH. IF YOU

GO 70 YEARS AFTER THAT, IT'S IF YOU WERE ITALIAN. IF YOU LOOK AT IT IN THE

1920S, THE FIRST -- THE FIRST ANTI-IMMIGRATION ACT IN NEW YORK STATE WAS

AGAINST ITALIAN AMERICANS BECAUSE THEY SAID TOO MANY WERE COMING IN.

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NYS ASSEMBLY APRIL 19, 2024

THEY CREATED A QUOTA LIMITING HOW MANY IRISH -- HOW MANY ITALIANS

WERE COMING INTO THE COUNTRY, SPECIFICALLY FROM SOUTHERN EUROPE.

AND THEN WHAT HAPPENED -- AND WE TALK ABOUT (INAUDIBLE) RACISM

EXISTS, THERE'S THIS NONBELIEF THAT NON-WHITE IMMIGRANTS DID NOT -- OR

THE WHITE IMMIGRANTS DID NOT SNEAK INTO THIS COUNTRY. THE REALITY IS

THERE WERE MEMBERS OF YOUR FAMILY THAT WERE LIKELY ILLEGAL

IMMIGRANTS. BUT WHAT WE DO IN AMERICA IS TO MAKE SURE THAT WHEN

YOU ARE ON OUR SHORES WE DO TAKE CARE OF YOU. BECAUSE IF WE DO NOT

SOLVE THIS PROBLEM NOW, IF WE DO NOT TRY TO FEED THE CHILDREN, SCHOOL OR

HOUSE THE CHILDREN, WHERE WILL THEY END UP? YES, IT IS TOO MUCH

MONEY. WE NEED A FEDERAL SOLUTION. BUT IT'S OUR DUTY. OUR SECURITY OF

OUR STATE IS MAKING SURE THOSE WHO ARE IN OUR CARE ARE TAKEN CARE OF.

THIS IS COMPLEX, WE NEED TO WORK TOGETHER. WE HAVE

TO UNDERSTAND THAT AMERICA, WE DO THE RIGHT THING FIRST, ALWAYS, EVEN

WHEN IT'S HARD TO DO. FOR THAT, SPEAKER, THAT'S WHY I VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. DAIS IN THE

AFFIRMATIVE.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE. SO THIS, FOLKS, THIS IS 1,449 PAGES OF WHAT WE'VE JUST BEEN

DEBATING OVER THE LAST COUPLE OF HOURS. AND I -- I OFFER THIS AS EXHIBIT

A AS TO WHAT WE'VE BEEN DOING OVER THE LAST FEW HOURS. I -- I MEAN,

THERE IS A LOT IN HERE THAT I WOULD LOVE TO BE ABLE TO CAST A YES VOTE IN

SUPPORT. I'M REALLY HAPPY THAT WE FOUGHT AS HARD AS WE DID TO GET THAT

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NYS ASSEMBLY APRIL 19, 2024

HOLD HARMLESS LANGUAGE BACK IN THERE FOR THIS YEAR, UNDERSTANDING THAT

WE GOTTA -- WE GOTTA FIGURE OUT THE FOUNDATION AID FORMULA FOR NEXT

YEAR.

BUT THE SCHOOL AID, I -- I THINK THAT THIS IS -- THAT'S A

FAIR RESULT FOR THIS YEAR FOR OUR SCHOOLS, MANY OF WHOM HAVE GOTTA GO

OUT WITH BUDGET PROPOSALS AND BUDGET VOTES WITHIN THE NEXT COUPLE OF

WEEKS. SO I THINK THAT WAS THE RIGHT THING TO DO AND I'M VERY GLAD FOR

THAT. THERE'S A LOT IN HERE THAT I SUPPORT.

I WANT TO LEAVE YOU WITH A LITTLE STORY. I WAS FEELING A

LITTLE NOSTALGIC LISTENING TO EVERYBODY TALK ABOUT WHERE THEIR FAMILY

CAME FROM. WHEN WE TOOK A TRIP TO IRELAND LAST FALL, I HAD A CHANCE IN

BELFAST TO GO AND LOOK UP MY GREAT-GRANDMOTHER'S ROOTS. WHEN SHE

LEFT BELFAST AND CAME TO NEW YORK, SHE HAD TO HAVE A SPONSOR IN NEW

YORK. SHE HAD TO HAVE A SPONSOR AND SHE WAS INDENTURED FOR

SEVEN YEARS TO THE TILLEY LADDER COMPANY AS A PRESSER WITH A FAMILY.

SHE WAS SENT AND SPONSORED BY THE CHURCH. SHE HAD TO CERTIFY THAT SHE

HAD A JOB WAITING FOR HER AND THAT SHE WOULD NOT BE A WARD OF THE

STATE, THAT SHE WOULD A POSITIVE MEMBER OF SOCIETY WHO WOULD BE

CONTRIBUTING TO SOCIETY BEFORE SHE WAS ALLOWED TO COME, AND SHE HAD TO

BE IN GOOD HEALTH. SO IT'S A LITTLE DIFFERENT NOW. AND I AGREE WITH WHAT

THE PREVIOUS SPEAKER SAID, THIS IS A COMPLEX ISSUE. WE DO NEED TO

WORK TOGETHER, AND IT IS A LOT OF MONEY. AND I THINK WE HAD THIS

DISCUSSION LAST YEAR, AND WE HAVE IT AGAIN THIS YEAR.

AT THIS TIME I'M GONNA VOTE NO, BUT I APPRECIATE THE

CONVERSATION. THANK YOU.

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NYS ASSEMBLY APRIL 19, 2024

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE.

MS. SHIMSKY.

MS. SHIMSKY: THANK YOU, MR. SPEAKER. THERE'S

NOT TOO MUCH TO BE ADDED ABOUT THE DEBATE THAT WE'VE BEEN HAVING FOR

THE LAST HOUR OR SO, AND I DO HAVE MY OPINIONS ABOUT THE CYNICAL

BEHAVIOR OF CERTAIN GOVERNORS IN OTHER STATES DROPPING ALL THIS ON OUR

DOORSTEPS AND EXPECTING US EITHER, NUMBER ONE, TO SUPPORT THEM, OR

NUMBER TWO, LET THEM STARVE TO DEATH. BUT THAT'S ALL I'LL SAY ABOUT THAT.

I AM STANDING UP TO CELEBRATE THE INCREASE IN AID AND

INCENTIVES TO MUNICIPALITIES, OR AIM AID, THAT OUR MUNICIPALITIES ARE

GETTING. I THINK IT AMOUNTS TO SOMETHING A LITTLE LESS THAN A 7 PERCENT

INCREASE. IT'S BEEN A LONG TIME SINCE OUR MUNICIPALITIES HAVE GOTTEN A

RAISE, AND I'M SO GLAD WE WERE ABLE TO DO IT THIS YEAR. THANK YOU TO THE

CHAIR OF LOCAL GOVERNMENTS, THANK YOU TO ALL OF US FOR -- FOR

ADVOCATING FOR IT, AND I'M SURE OUR CITIES, TOWNS AND VILLAGES WILL BE

GRATEFUL.

THANK YOU.

ACTING SPEAKER AUBRY: MS. SHIMSKY IN THE

AFFIRMATIVE.

MR. GOODELL.

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

COMMENTS FROM ALL MY COLLEAGUES. YEAH, I'M HALF SWEDISH, THE OTHER

HALF I ALWAYS HOPE IS HEAVY CREAM.

(LAUGHTER)

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NYS ASSEMBLY APRIL 19, 2024

I LOVE HEAVY CREAM AND I LOVE MY SWEDISH ANCESTRY.

WHEN I FIRST STARTED PRACTICING LAW BEFORE SOME OF YOU

WERE BORN, I PRACTICED IMMIGRATION LAW IN WASHINGTON, D.C. AND

DAVE CROSLAND, WHO WAS THE ACTING IMMIGRATION COMMISSIONER UNDER

PRESIDENT CARTER, HAD JOINED OUR FIRM AND HE COULDN'T PRACTICE FOR TWO

YEARS, SO I HAD THE OPPORTUNITY OF TAKING ON A NATIONALLY-RENOWNED

IMMIGRATION PRACTICE FROM SCRATCH. IT WAS VERY EXCITING AND VERY

CHALLENGING. BUT THERE'S A HUGE DIFFERENCE BETWEEN THOSE WHO GO

THROUGH THE LEGAL PROCESS AND THOSE WHO SEEK ASYLUM, AND THOSE WHO

ARE REFUGEES. AND WE SHOULD RECOGNIZE THERE'S HUGE DIFFERENCES. AND

AS MY COLLEAGUE NOTED, THOSE WHO COME THROUGH THE LEGAL PROCESS,

THEY DO A HEALTH BACKGROUND CHECK SO THEY DON'T COME IN WITH

TUBERCULOSIS OR A COMMUNICABLE DISEASE. WE DO A CRIMINAL

BACKGROUND CHECK THROUGH THEIR HOME COUNTRY. THEY HAVE AN

AFFIDAVIT OF SUPPORT FROM SOMEONE IN THE U.S. THAT GUARANTEES THEY

WON'T BE ON PUBLIC ASSISTANCE FOR AT LEAST FIVE YEARS. THEY TYPICALLY

HAVE AN EMPLOYMENT OFFER. THAT'S MISSING WHEN YOU JUST CROSS THE

BORDER AND YOU HAVE NO -- YOU DON'T FOLLOW ANY OF THAT.

REFUGEES ARE IN A SPECIAL CATEGORY. REFUGEES ARE

THOSE THAT WE ACKNOWLEDGE AS A COUNTRY ARE COMING FROM ANOTHER

COUNTRY THAT HAS A VERY SERIOUS PROBLEM, WHETHER IT'S UKRAINE OR RUSSIA

OR -- OR OTHER COUNTRIES. BUT JUST COMING ACROSS THE BORDER OR

OVERSTAYING YOUR VISA IS A WHOLE DIFFERENT MATTER, AND WE NEED TO TREAT

THEM DIFFERENTLY, AND THAT IS PART OF THE CRUX OF THE PROBLEM.

AND SO I HOPE AS WE MOVE FORWARD WE CAN DO SO

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NYS ASSEMBLY APRIL 19, 2024

COMPASSIONATELY, THAT WE CAN LOOK FOR EFFICIENT WAYS TO BE HUMANE,

BUT THAT WE ALSO EXPECT SOMETHING IN RETURN; A CRIMINAL BACKGROUND

CHECK, A HEALTH CARE CHECK, AND BEING COMMITTED TO MAKING NEW YORK

BETTER. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MS. HYNDMAN.

MS. HYNDMAN: MR. SPEAKER, THANK YOU FOR

ALLOWING ME TO EXPLAIN MY VOTE. WHEN I WAS 14 OR 15 YEARS OLD TRYING

TO GET A JOB IS WHEN I FOUND OUT I WAS HERE ILLEGALLY. THAT'S WHEN MY

PARENTS LET US KNOW WE HAD COME INTO THE COUNTRY, OVERSTAYED OUR VISA

AND THAT WE WERE NOW LIVING UNDER THE RADAR SO I WAS NOT ABLE TO GAIN

WORKING PAPERS. BUT THAT -- AT THAT YOUNG AGE IS WHEN I FOUND OUT THAT

BECAUSE I WANTED TO WORK TO CONTRIBUTE TO MY HOUSEHOLD, THAT -- THAT

WE HERE ILLEGALLY. AND IT TOOK SEVERAL YEARS FOR US TO BECOME RESIDENT

ALIENS AND THEN FOR US TO GAIN CITIZENSHIP.

SO WHEN I THINK ABOUT THE IMMIGRANTS, MIGRANTS,

ASYLUM SEEKERS, REFUGEES WHO COME HERE, LIKE MY FAMILY, WE CAME

HERE FOR A BETTER WAY OF LIFE. WE CAME HERE BECAUSE MY PARENTS FELT

THAT THE EDUCATION SYSTEM HERE WAS ROBUST AND THAT I COULD GO TO

COLLEGE, WHICH I DID, AND LO AND BEHOLD, I BECAME AN

ASSEMBLYWOMAN. SO I THINK ABOUT THE DREAMS OF A LOT OF THESE ASYLUM

SEEKERS, MIGRANTS, WHATEVER YOU WANT TO CALL THEM, AND HOW COMING

HERE WAS A STEPPING STONE FOR THAT AMERICAN DREAM. THE POSSIBILITY

OF OWNING YOUR OWN HOME, THE POSSIBILITY OF OWNING A BUSINESS, THE

POSSIBILITY FOR GROWTH. BECAUSE BELIEVE IT OR NOT, EVERYONE WANTS TO

COME TO THIS COUNTRY AND EVERYONE WANTS TO COME TO NEW YORK CITY.

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NYS ASSEMBLY APRIL 19, 2024

AND SO THE FACT THAT WE'RE PUTTING THIS MONEY IN HERE IS BECAUSE WE

WANT TO MAKE SURE WE HELP THEM. NEW YORK CITY NEEDS THIS HELP SO,

GUESS WHAT, THEY DON'T HAVE TO GO TO YOUR DISTRICT. NEW YORK CITY

NEEDS THIS MONEY SO THAT WE DON'T HAVE THE CUTS TO OUR EDUCATION

SYSTEM, TO OUR SCHOOLS, TO OUR HOSPITALS, FOR HOUSING. THAT'S WHY THEY

NEED THIS MONEY, BECAUSE YOU DON'T WANT THEM IN YOUR DISTRICTS. SO

THE MAYOR OF NEW YORK CITY IS GONNA USE THIS MONEY WISELY TO MAKE

SURE THAT THEY HAVE THE OPPORTUNITIES LIKE I DID.

I VOTE IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.

(APPLAUSE)

ACTING SPEAKER AUBRY: MS. HYNDMAN IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

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

MOVE THAT THE ASSEMBLY STAND AT EASE UNTIL 9 A.M. SATURDAY, APRIL THE

20TH.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

AT EASE.

(WHEREUPON, AT 9:59 P.M., THE ASSEMBLY STOOD AT

EASE.)

* * * *

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NYS ASSEMBLY APRIL 19, 2024

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

MS. SOLAGES.

MS. SOLAGES: MEMBERS HAVE ON THEIR DESK THE

C-CALENDAR. MR. SPEAKER, I NOW MOVE TO ADVANCE THE C-CALENDAR.

ACTING SPEAKER AUBRY: ON MS. SOLAGES'

MOTION, THE C-CALENDAR IS ADVANCED.

MS. SOLAGES: CAN WE NOW TAKE UP RULES REPORT

NO. 39?

ACTING SPEAKER AUBRY: RULES REPORT NO.

39, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08806-C, RULES

REPORT NO. 39, BUDGET BILL. AN ACT TO AMEND THE EDUCATION LAW, IN

RELATION TO CONTRACTS FOR EXCELLENCE; TO AMEND THE EDUCATION LAW, IN

RELATION TO FOUNDATION AID; TO AMEND THE EDUCATION LAW, IN RELATION TO

ALLOWABLE TRANSPORTATION EXPENSES; TO DIRECT A FOUNDATION AID FORMULA

STUDY BY THE NELSON A. ROCKEFELLER INSTITUTE; TO AMEND THE EDUCATION

LAW, IN RELATION TO TRANSPORTATION AID AND THE CLEAN WATER, CLEAN

AIR, AND GREEN JOBS ENVIRONMENTAL BOND ACT OF 2022; TO AMEND THE

EDUCATION LAW, IN RELATION TO TRANSPORTATION AID FOR ZERO-EMISSION

SCHOOL BUSES AND ESTABLISHING THE NEW YORK STATE ZERO-EMISSION BUS

RESOURCE CENTER; TO AMEND THE EDUCATION LAW, IN RELATION TO

ACADEMIC ENHANCEMENT AID; TO AMEND THE EDUCATION LAW, IN RELATION

TO HIGH TAX AID; TO AMEND THE EDUCATION LAW, IN RELATION TO UNIVERSAL

PRE-KINDERGARTEN AND THE STATEWIDE UNIVERSAL FULL-DAY

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NYS ASSEMBLY APRIL 19, 2024

PRE-KINDERGARTEN PROGRAM; DIRECTING A STUDY ON CONSOLIDATION OF

PRE-KINDERGARTEN FUNDING; TO AMEND THE EDUCATION LAW, IN RELATION TO

IMPLEMENTATION OF THE SMART SCHOOLS BOND ACT OF 2014; TO AMEND THE

EDUCATION LAW, IN RELATION TO SPECIAL APPORTIONMENTS AND GRANTS-IN-AID

TO SCHOOL DISTRICTS; TO AMEND THE EDUCATION LAW, IN RELATION TO

EXTENDING CERTAIN PROVISIONS OF THE TEACHERS OF TOMORROW TEACHER

RECRUITMENT AND RETENTION PROGRAM; TO AMEND THE EDUCATION LAW, IN

RELATION TO MAXIMUM CLASS SIZES FOR SPECIAL CLASSES FOR CERTAIN STUDENTS

WITH DISABILITIES; TO AMEND CHAPTER 82 OF THE LAWS OF 1995, AMENDING

THE EDUCATION LAW AND OTHER LAWS RELATING TO STATE AID TO SCHOOL

DISTRICTS AND THE APPROPRIATION OF FUNDS FOR THE SUPPORT OF GOVERNMENT,

IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND CHAPTER 756 OF THE

LAWS OF 1992 RELATING TO FUNDING A PROGRAM FOR WORK FORCE EDUCATION

CONDUCTED BY THE CONSORTIUM FOR WORKER EDUCATION IN NEW YORK

CITY, IN RELATION TO REIMBURSEMENT FOR THE 2023-2024 SCHOOL YEAR

WITHHOLDING A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID AND

IN RELATION TO THE EFFECTIVENESS THEREOF; TO AMEND THE EDUCATION LAW,

IN RELATION TO FUNDING FOR EMPLOYMENT PREPARATION EDUCATION

PROGRAMS; TO AMEND THE EDUCATION LAW, IN RELATION TO THE FINANCING OF

CHARTER SCHOOLS; TO AMEND PART A OF CHAPTER 56 OF THE LAWS OF 2023

DIRECTING THE EDUCATION DEPARTMENT TO CONDUCT A COMPREHENSIVE STUDY

OF ALTERNATIVE TUITION RATE-SETTING METHODOLOGIES FOR APPROVED

PROVIDERS OPERATING SCHOOL-AGE AND PRESCHOOL PROGRAMS RECEIVING

STATE FUNDING, IN RELATION TO EXTENDING THE DATE FOR THE SUBMISSION OF

SUCH RECOMMENDATIONS; TO AMEND CHAPTER 537 OF THE LAWS OF 1976

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NYS ASSEMBLY APRIL 19, 2024

RELATING TO PAID, FREE AND REDUCED-PRICE BREAKFAST FOR ELIGIBLE PUPILS IN

CERTAIN SCHOOL DISTRICTS, IN RELATION TO A STATE SUBSIDY; TO AMEND

CHAPTER 169 OF THE LAWS OF 1994, RELATING TO CERTAIN PROVISIONS RELATED

TO THE 1994-95 STATE OPERATIONS, AID TO LOCALITIES, CAPITAL PROJECTS

AND DEBT SERVICE BUDGETS, IN RELATION TO THE EFFECTIVENESS THEREOF; TO

AMEND SUBPART F OF PART C OF CHAPTER 97 OF THE LAWS OF 2011,

AMENDING THE EDUCATION LAW RELATING TO CENSUS REPORTING, IN RELATION

TO THE EFFECTIVENESS THEREOF; PROVIDING FOR SPECIAL APPORTIONMENT FOR

SALARY EXPENSES; PROVIDING FOR SPECIAL APPORTIONMENT FOR PUBLIC

PENSION ACCRUALS; TO AMEND CHAPTER 121 OF THE LAWS OF 1996

AUTHORIZING THE ROOSEVELT UNION FREE SCHOOL DISTRICT TO FINANCE

DEFICITS BY THE ISSUANCE OF SERIAL BONDS, IN RELATION TO AN

APPORTIONMENT FOR SALARY EXPENSES; PROVIDING FOR SET-ASIDES FROM THE

STATE FUNDS WHICH CERTAIN DISTRICTS ARE RECEIVING FROM THE TOTAL

FOUNDATION AID; PROVIDING FOR SUPPORT OF PUBLIC LIBRARIES; TO REPEAL

CERTAIN PROVISIONS OF THE EDUCATION LAW RELATING TO PHASE-IN

FOUNDATION INCREASE; TO REPEAL CERTAIN PROVISIONS OF THE EDUCATION LAW

RELATING TO FOUNDATION AID; AND PROVIDING FOR THE REPEAL OF CERTAIN

PROVISIONS UPON THE EXPIRATION THEREOF (PART A); TO AMEND THE

EDUCATION LAW, IN RELATION TO ESTABLISHING EVIDENCE-BASED READING

INSTRUCTIONAL BEST PRACTICES FOR STUDENTS ATTENDING PREKINDERGARTEN

THROUGH GRADE THREE (PART B); TO AMEND THE EDUCATION LAW, IN RELATION

TO DIRECTING THE COMMISSIONER OF EDUCATION TO REQUIRE THE COMPLETION

OF A FREE APPLICATION FOR FEDERAL STUDENT AID OR A WAIVER OF SUCH

REQUIREMENT AND REQUIRES SCHOOL DISTRICTS TO ISSUE ANNUAL REPORTS ON

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NYS ASSEMBLY APRIL 19, 2024

STUDENTS COMPLETING THE FREE APPLICATION FOR FEDERAL STUDENT AID AND

THE WAIVER (PART C); TO AMEND THE EDUCATION LAW, IN RELATION TO

ELIGIBILITY FOR UNRESTRICTED AID TO INDEPENDENT COLLEGES AND UNIVERSITIES

(PART D); INTENTIONALLY OMITTED (PART E); TO AMEND CHAPTER 260 OF THE

LAWS OF 2011 AMENDING THE EDUCATION LAW AND THE NEW YORK STATE

URBAN DEVELOPMENT CORPORATION ACT RELATING TO ESTABLISHING

COMPONENTS OF THE NY-SUNY 2020 CHALLENGE GRANT PROGRAM, IN

RELATION TO THE EFFECTIVENESS THEREOF (PART F); TO AMEND PART N OF

CHAPTER 56 OF THE LAWS OF 2020, AMENDING THE SOCIAL SERVICES LAW

RELATING TO RESTRUCTURING FINANCING FOR RESIDENTIAL SCHOOL PLACEMENTS, IN

RELATION TO THE EFFECTIVENESS THEREOF (PART G); TO AMEND THE SOCIAL

SERVICES LAW, IN RELATION TO INCREASING THE STANDARDS OF MONTHLY NEED

FOR AGED, BLIND AND DISABLED PERSONS LIVING IN THE COMMUNITY (PART H);

INTENTIONALLY OMITTED (PART I); TO AMEND THE LABOR LAW, IN RELATION TO

NURSING EMPLOYEES' RIGHT TO EXPRESS BREAST MILK (PART J); INTENTIONALLY

OMITTED (PART K); INTENTIONALLY OMITTED (PART L); TO AMEND CHAPTER 25

OF THE LAWS OF 2020, RELATING TO PROVIDING REQUIREMENTS FOR SICK LEAVE

AND THE PROVISION OF CERTAIN EMPLOYEE BENEFITS WHEN SUCH EMPLOYEE IS

SUBJECT TO A MANDATORY OR PRECAUTIONARY ORDER OF QUARANTINE OR

ISOLATION DUE TO COVID-19, IN RELATION TO PROVIDING FOR THE EXPIRATION

AND REPEAL OF SUCH PROVISIONS (PART M); TO UTILIZE RESERVES IN THE

MORTGAGE INSURANCE FUND FOR VARIOUS HOUSING PURPOSES (PART N); TO

AMEND THE CRIMINAL PROCEDURE LAW AND THE PENAL LAW, IN RELATION TO

THE CRIME OF DEED THEFT; TO AMEND THE EXECUTIVE LAW, IN RELATION TO

AUTHORIZING THE ATTORNEY GENERAL TO PROSECUTE CRIMES INVOLVING DEED

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NYS ASSEMBLY APRIL 19, 2024

THEFT; TO AMEND THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN

RELATION TO THE PARTITION OF HEIRS PROPERTY; AND TO AMEND THE REAL

PROPERTY LAW, IN RELATION TO ALLOWING TRANSFER ON DEATH DEEDS (PART O);

INTENTIONALLY OMITTED (PART P); TO AMEND THE MULTIPLE DWELLING LAW,

IN RELATION TO AUTHORIZING A CITY OF ONE MILLION OR MORE TO REMOVE THE

CAP ON THE FLOOR AREA RATIO OF CERTAIN DWELLINGS (PART Q); TO AMEND THE

LABOR LAW AND THE REAL PROPERTY TAX LAW, IN RELATION TO THE

EXEMPTION FROM REAL PROPERTY TAXATION OF CERTAIN MULTIPLE DWELLINGS IN

A CITY HAVING A POPULATION OF ONE MILLION OR MORE (PART R); TO AMEND

THE MULTIPLE DWELLING LAW, IN RELATION TO ESTABLISHING A PROGRAM TO

ADDRESS THE LEGALIZATION OF SPECIFIED BASEMENT AND CELLAR DWELLING

UNITS AND THE CONVERSION OF OTHER SPECIFIED BASEMENT AND CELLAR

DWELLING UNITS IN A CITY WITH A POPULATION OF ONE MILLION OR MORE (PART

S); TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO ELIGIBLE

MULTIPLE DWELLINGS UNDER THE AFFORDABLE NEW YORK HOUSING PROGRAM

(PART T); TO AMEND THE REAL PROPERTY TAX LAW AND THE LABOR LAW, IN

RELATION TO ENACTING THE AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS

TAX INCENTIVE (PART U); TO AMEND THE EXECUTIVE LAW, IN RELATION TO

REQUIRING THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL TO

STUDY AND ADOPT UNIFORM FIRE PREVENTION AND BUILDING CODE STANDARDS

TO PROMOTE FIRE SAFETY AND ACCESSIBILITY IN CERTAIN SINGLE-EXIT, SINGLE

STAIRWAY MULTI-UNIT RESIDENTIAL BUILDINGS; AND PROVIDING FOR THE REPEAL

OF SUCH PROVISIONS UPON THE EXPIRATION THEREOF (PART V); TO AMEND THE

EDUCATION LAW, IN RELATION TO PERMITTING TUITION ASSISTANCE PROGRAM

AWARDS TO BE MADE TO PART-TIME STUDENTS ENROLLED IN CERTAIN DEGREE-

233

NYS ASSEMBLY APRIL 19, 2024

GRANTING INSTITUTIONS CHARTERED OR AUTHORIZED BY THE NEW YORK STATE

BOARD OF REGENTS (PART W); TO AMEND THE EDUCATION LAW, IN RELATION

TO INCREASING THE INCOME ELIGIBILITY THRESHOLD FOR THE TUITION

ASSISTANCE PROGRAM (PART X); TO AMEND THE SOCIAL SERVICES LAW, IN

RELATION TO ESTABLISHING DIFFERENTIAL PAYMENT RATES FOR CHILD CARE

SERVICES PROVIDED BY LICENSED, REGISTERED OR ENROLLED CHILD CARE

PROVIDERS (PART Y); TO AMEND CHAPTER 277 OF THE LAWS OF 2021

AMENDING THE LABOR LAW RELATING TO THE CALCULATION OF WEEKLY

EMPLOYMENT INSURANCE BENEFITS FOR WORKERS WHO ARE PARTIALLY

UNEMPLOYED, IN RELATION TO THE EFFECTIVENESS THEREOF (PART Z); TO AMEND

THE VEHICLE AND TRAFFIC LAW, IN RELATION TO OWNER LIABILITY FOR FAILURE

OF AN OPERATOR TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL

AND STOP-ARM; AND TO AMEND CHAPTER 145 OF THE LAWS OF 2019,

AMENDING THE VEHICLE AND TRAFFIC LAW RELATING TO SCHOOL BUS PHOTO

VIOLATION MONITORING SYSTEMS AND OWNER LIABILITY FOR FAILURE OF

OPERATOR TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL, IN

RELATION TO THE EFFECTIVENESS THEREOF (PART AA); TO AMEND THE INSURANCE

LAW, IN RELATION TO PROHIBITING DISCRIMINATION BECAUSE OF THE

AFFORDABILITY OF RESIDENTIAL BUILDINGS (PART BB); TO AMEND THE

EDUCATION LAW, IN RELATION TO REQUIRING THE USE OF PROJECT LABOR

AGREEMENTS FOR LARGE-SCALE CONSTRUCTION PROJECTS UNDER THE STATE

UNIVERSITY CONSTRUCTION FUND (PART CC); RELATING TO THE CITY OF

DUNKIRK FISCAL RECOVERY ACT; AND PROVIDING FOR THE REPEAL OF SUCH

PROVISIONS UPON EXPIRATION THEREOF (PART DD); TO AMEND THE REAL

PROPERTY TAX LAW, IN RELATION TO ESTABLISHING AN OPTIONAL LOCAL TAX

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NYS ASSEMBLY APRIL 19, 2024

EXEMPTION FOR AFFORDABLE MULTI-FAMILY HOUSING AND AN OPTIONAL LOCAL

TAX EXEMPTION FOR NEWLY-CONVERTED OR CONSTRUCTED FULLY INCOME-

RESTRICTED RENTAL MULTIPLE DWELLINGS (PART EE); TO AMEND THE

EMERGENCY TENANT PROTECTION ACT OF 1974, THE ADMINISTRATIVE CODE

OF THE CITY OF NEW YORK, AND THE EMERGENCY HOUSING RENT CONTROL

LAW, IN RELATION TO INCREASING THE AMOUNT RECOVERABLE BY AN OWNER FOR

INDIVIDUAL APARTMENT IMPROVEMENTS (PART FF); TO AMEND THE EXECUTIVE

LAW, IN RELATION TO INCLUDING AN ACCESSORY DWELLING UNIT IN THE TERM

HOUSING ACCOMMODATIONS IN THE HUMAN RIGHTS LAW; AND TO AMEND THE

REAL PROPERTY TAX LAW, IN RELATION TO PROVIDING A TAX EXEMPTION ON

THE INCREASE IN VALUE OF PROPERTY RESULTING FROM THE ADDITION OF AN

ACCESSORY DWELLING UNIT (PART GG); TO AMEND THE REAL PROPERTY LAW

AND THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN RELATION TO

ENACTING THE "GOOD CAUSE EVICTION LAW"; AND PROVIDING FOR THE REPEAL

OF SUCH PROVISIONS UPON THE EXPIRATION THEREOF (PART HH); TO AMEND

THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IN RELATION TO FURTHER

ESTABLISHING WHEN A LANDLORD-TENANT RELATIONSHIP EXISTS (PART II); TO

AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO DIRECTING THE

DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT TO DEVELOP A

PROGRAM TO CONDUCT ANNUAL AUDITS OF COMPLIANCE WITH THE AFFORDABLE

NEW YORK HOUSING PROGRAM (PART JJ); TO AMEND THE PRIVATE HOUSING

FINANCE LAW, IN RELATION TO ESTABLISHING THE NEW YORK HOUSING FOR THE

FUTURE HOMEOWNERSHIP PROGRAM AND THE NEW YORK HOUSING FOR THE

FUTURE RENTAL HOUSING PROGRAM (PART KK); TO AMEND THE ELECTION

LAW, THE CIVIL PRACTICE LAW AND RULES AND THE EDUCATION LAW, IN

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NYS ASSEMBLY APRIL 19, 2024

RELATION TO REGULATING PUBLIC DATA MAINTAINED BY COUNTY AND CITY BOARDS

OF ELECTIONS (PART LL); TO AMEND THE ALCOHOLIC BEVERAGE CONTROL LAW,

IN RELATION TO PERMITTING THE USE OF CONTIGUOUS AND NON-CONTIGUOUS

MUNICIPAL PUBLIC SPACE BY CERTAIN LICENSEES; AND TO REPEAL CHAPTER 238

OF THE LAWS OF 2021, RELATING TO PERMITTING THE USE OF MUNICIPAL SPACE

FOR OUTDOOR DINING (PART MM); TO AMEND THE TRANSPORTATION LAW, IN

RELATION TO CLARIFYING CERTAIN PROVISIONS OF THE STRETCH LIMOUSINE

PASSENGER SAFETY ACT (PART NN); TO AMEND THE VEHICLE AND TRAFFIC

LAW, IN RELATION TO ESTABLISHING SPEED LIMITS IN CITIES WITH POPULATIONS

IN EXCESS OF ONE MILLION PEOPLE (PART OO); TO AMEND THE PUBLIC HEALTH

LAW, IN RELATION TO ENACTING THE REPRODUCTIVE FREEDOM AND EQUITY

GRANT PROGRAM (PART PP); TO AMEND THE RETIREMENT AND SOCIAL SECURITY

LAW AND THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, IN RELATION

TO THE CALCULATION OF THE FINAL AVERAGE SALARY FOR PURPOSES OF THE

CALCULATION OF A PENSION BENEFIT (PART QQ); TO AMEND THE TAX LAW, IN

RELATION TO REDUCING THE RATE OF TAX APPLICABLE TO CERTAIN AUTHORIZED

COMBATIVE SPORTS UNDER ARTICLE 19 THEREOF (PART RR); AUTHORIZING THE

LEASE OF CERTAIN LANDS LOCATED AT THE STATE UNIVERSITY OF NEW YORK AT

STONY BROOK (PART SS); TO AMEND THE PUBLIC AUTHORITIES LAW, IN

RELATION TO BONDS ISSUED BY THE NEW YORK CITY TRANSITIONAL FINANCE

AUTHORITY (PART TT); TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION

TO FARE ENFORCEMENT BY THE METROPOLITAN TRANSPORTATION AUTHORITY

(PART UU); IN RELATION TO DIRECTING THE OFFICE OF CHILDREN AND FAMILY

SERVICES TO CONDUCT A STUDY TO EVALUATE THE FEASIBILITY OF PROVIDING

AFTER-SCHOOL PROGRAMMING TO EVERY SCHOOL-AGED CHILD IN NEW YORK

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NYS ASSEMBLY APRIL 19, 2024

(PART VV); TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO

OBSTRUCTED OR OBSCURED LICENSE PLATES AND THE PENALTY IMPOSED UPON

THE OPERATOR OF A VEHICLE WITH AN INTENTIONALLY-ALTERED OR OBSCURED

LICENSE PLATE WHILE ON A TOLL HIGHWAY, BRIDGE OR TUNNEL OR IN A TOLLED

CENTRAL BUSINESS DISTRICT; TO AMEND THE VEHICLE AND TRAFFIC LAW, IN

RELATION TO AUTHORIZING LAW ENFORCEMENT TO CONFISCATE LICENSE PLATE

COVERINGS; TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO

AUTHORIZING VEHICLE REGISTRATION SUSPENSION FOR FAILURE TO COMPLY WITH

THE REMOVAL OF MATERIALS OR SUBSTANCES ALTERING OR OBSCURING A LICENSE

PLATE; AND TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO

AUTHORIZING PUBLIC AUTHORITIES WITH BRIDGES, TUNNELS OR HIGHWAYS UNDER

THEIR JURISDICTION TO ENTER JUDGMENTS FOR UNPAID LIABILITIES FOR A

VIOLATION OF TOLL COLLECTION REGULATIONS AND ENFORCE SUCH JUDGMENTS

WITHOUT COURT PROCEEDINGS (SUBPART A); AND TO AMEND THE PUBLIC

AUTHORITIES LAW, IN RELATION TO THE PAYMENT OF TOLLS UNDER THE TOLLS BY

MAIL PROGRAM (SUBPART B) (PART WW); TO PROVIDE FOR THE

ADMINISTRATION OF CERTAIN FUNDS AND ACCOUNTS RELATED TO THE 2023-2024

BUDGET, AUTHORIZING CERTAIN PAYMENTS AND TRANSFERS; TO AMEND THE STATE

FINANCE LAW, IN RELATION TO THE ADMINISTRATION OF CERTAIN FUNDS AND

ACCOUNTS, IN RELATION TO THE EFFECTIVENESS THEREOF, AND IN RELATION TO

INTEREST OWED ON OUTSTANDING BALANCES OF DEBT; TO AMEND PART D OF

CHAPTER 389 OF THE LAWS OF 1997 RELATING TO THE FINANCING OF THE

CORRECTIONAL FACILITIES IMPROVEMENT FUND AND THE YOUTH FACILITY

IMPROVEMENT FUND, IN RELATION TO THE ISSUANCE OF CERTAIN BONDS OR

NOTES; TO AMEND THE PRIVATE HOUSING FINANCE LAW, IN RELATION TO

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NYS ASSEMBLY APRIL 19, 2024

HOUSING PROGRAM BONDS AND NOTES; TO AMEND THE PUBLIC AUTHORITIES

LAW, IN RELATION TO THE ISSUANCE OF BONDS AND NOTES BY THE DEDICATED

HIGHWAY AND BRIDGE TRUST FUND; TO AMEND THE PUBLIC AUTHORITIES

LAW, IN RELATION TO THE ISSUANCE OF BONDS AND NOTES FOR CITY UNIVERSITY

FACILITIES; TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO THE

ISSUANCE OF BONDS FOR LIBRARY CONSTRUCTION PROJECTS; TO AMEND THE

PUBLIC AUTHORITIES LAW, IN RELATION TO THE ISSUANCE OF BONDS FOR STATE

UNIVERSITY EDUCATIONAL FACILITIES; TO AMEND THE PUBLIC AUTHORITIES LAW,

IN RELATION TO THE ISSUANCE OF BONDS AND NOTES FOR LOCALLY-SPONSORED

COMMUNITY COLLEGES; TO AMEND CHAPTER 392 OF THE LAWS OF 1973,

CONSTITUTING THE NEW YORK STATE MEDICAL CARE FACILITIES FINANCE

AGENCY ACT, IN RELATION TO THE ISSUANCE OF MENTAL HEALTH SERVICES

FACILITIES IMPROVEMENT BONDS AND NOTES; TO AMEND PART K OF CHAPTER

81 OF THE LAWS OF 2002, RELATING TO PROVIDING FOR THE ADMINISTRATION OF

CERTAIN FUNDS AND ACCOUNTS RELATED TO THE 2002-2003 BUDGET, IN RELATION

TO THE ISSUANCE OF BONDS AND NOTES TO FINANCE CAPITAL COSTS RELATED TO

HOMELAND SECURITY; TO AMEND CHAPTER 174 OF THE LAWS OF 1968

CONSTITUTING THE URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO

THE ISSUANCE OF BONDS AND NOTES FOR PURPOSES OF FUNDING OFFICE OF

INFORMATION TECHNOLOGY SERVICES PROJECT COSTS; TO AMEND CHAPTER 329

OF THE LAWS OF 1991, AMENDING THE STATE FINANCE LAW AND OTHER LAWS

RELATING TO THE ESTABLISHMENT OF THE DEDICATED HIGHWAY AND BRIDGE

TRUST FUND, IN RELATION TO THE ISSUANCE OF FUNDS TO THE THRUWAY

AUTHORITY; TO AMEND CHAPTER 174 OF THE LAWS OF 1968 CONSTITUTING THE

URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO THE ISSUANCE OF

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NYS ASSEMBLY APRIL 19, 2024

BONDS AND NOTES TO FUND COSTS FOR STATEWIDE EQUIPMENT; TO AMEND THE

PUBLIC AUTHORITIES LAW, IN RELATION TO THE ISSUANCE OF BONDS FOR

PURPOSES OF FINANCING ENVIRONMENTAL INFRASTRUCTURE PROJECTS; TO AMEND

PART D OF CHAPTER 389 OF THE LAWS OF 1997, RELATING TO THE FINANCING OF

THE CORRECTIONAL FACILITIES IMPROVEMENT FUND AND THE YOUTH FACILITY

IMPROVEMENT FUND, IN RELATION TO THE ISSUANCE OF BONDS AND NOTES FOR

THE YOUTH FACILITIES IMPROVEMENT FUND; TO AMEND THE PUBLIC

AUTHORITIES LAW, IN RELATION TO THE ISSUANCE OF BONDS AND NOTES FOR THE

PURPOSE OF FINANCING PEACE BRIDGE PROJECTS AND CAPITAL COSTS OF STATE

AND LOCAL HIGHWAYS; TO AMEND CHAPTER 174 OF THE LAWS OF 1968

CONSTITUTING THE URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO

THE ISSUANCE OF BONDS FOR ECONOMIC DEVELOPMENT INITIATIVES; TO AMEND

PART Y OF CHAPTER 61 OF THE LAWS OF 2005, RELATING TO PROVIDING FOR THE

ADMINISTRATION OF CERTAIN FUNDS AND ACCOUNTS RELATED TO THE 2005-2006

BUDGET, IN RELATION TO THE ISSUANCE OF BONDS AND NOTES FOR THE PURPOSE

OF FINANCING CAPITAL PROJECTS FOR THE DIVISION OF MILITARY AND NAVAL

AFFAIRS; TO AMEND CHAPTER 174 OF THE LAWS OF 1968 CONSTITUTING THE

URBAN DEVELOPMENT CORPORATION ACT, IN RELATION TO THE ISSUANCE OF

BONDS FOR SPECIAL EDUCATION AND OTHER EDUCATIONAL FACILITIES; TO AMEND

THE PUBLIC AUTHORITIES LAW, IN RELATION TO THE ISSUANCE OF BONDS AND

NOTES FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF THE NEW YORK

STATE AGRICULTURE AND MARKETS FOOD LABORATORY; TO AMEND SECTION 1

OF PART D OF CHAPTER 63 OF THE LAWS OF 2005, RELATING TO THE

COMPOSITION AND RESPONSIBILITIES OF THE NEW YORK STATE HIGHER

EDUCATION CAPITAL MATCHING GRANT BOARD, IN RELATION TO HIGHER

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NYS ASSEMBLY APRIL 19, 2024

EDUCATION CAPITAL MATCHING GRANTS; TO AMEND CHAPTER 392 OF THE LAWS

OF 1973, CONSTITUTING THE NEW YORK STATE MEDICAL CARE FACILITIES

FINANCE AGENCY ACT, IN RELATION TO INCLUDING COMPREHENSIVE

PSYCHIATRIC EMERGENCY PROGRAMS AND HOUSING FOR MENTALLY-ILL PERSONS

IN THE DEFINITION OF MENTAL HEALTH SERVICES FACILITY; TO AMEND THE STATE

FINANCE LAW, IN RELATION TO THE PRIVATE SALE OF CERTAIN REVENUE BONDS,

AND IN RELATION TO INCLUDING ASSETS THAT PROVIDE A LONG-TERM INTEREST IN

LAND IN THE DEFINITION OF FIXED ASSETS; TO AMEND THE PUBLIC AUTHORITIES

LAW, IN RELATION TO BOND ISSUANCE CHARGES; TO AMEND THE STATE FINANCE

LAW, IN RELATION TO THE REDEMPTION PRICE OF CERTAIN REVENUE BONDS; TO

AMEND CHAPTER 174 OF THE LAWS OF 1968 CONSTITUTING THE URBAN

DEVELOPMENT CORPORATION ACT, IN RELATION TO THE ISSUANCE OF PERSONAL

INCOME TAX REVENUE ANTICIPATION NOTES; TO AMEND THE PUBLIC

AUTHORITIES LAW, IN RELATION TO THE ISSUANCE OF BONDS OR NOTES FOR THE

PURPOSE OF ASSISTING THE METROPOLITAN TRANSPORTATION AUTHORITY IN THE

FINANCING OF TRANSPORTATION FACILITIES; AND PROVIDING FOR THE REPEAL OF

CERTAIN PROVISIONS UPON EXPIRATION THEREOF (PART XX); TO AMEND

CHAPTER 141 OF THE LAWS OF 1994, AMENDING THE LEGISLATIVE LAW AND

THE STATE FINANCE LAW RELATING TO THE OPERATION AND ADMINISTRATION OF

THE LEGISLATURE, IN RELATION TO EXTENDING SUCH PROVISIONS (PART YY); TO

AMEND THE EDUCATION LAW, IN RELATION TO SCHOOL GOVERNANCE IN THE CITY

OF NEW YORK; AND TO AMEND CHAPTER 91 OF THE LAWS OF 2002

AMENDING THE EDUCATION LAW AND OTHER LAWS RELATING TO REORGANIZATION

OF THE NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, BOARD OF

EDUCATION AND COMMUNITY BOARDS, AND CHAPTER 345 OF THE LAWS OF

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NYS ASSEMBLY APRIL 19, 2024

2009 AMENDING THE EDUCATION LAW AND OTHER LAWS RELATING TO THE NEW

YORK CITY BOARD OF EDUCATION, CHANCELLOR, COMMUNITY COUNCILS AND

COMMUNITY SUPERINTENDENTS, IN RELATION TO THE EFFECTIVENESS THEREOF

(PART ZZ); TO AMEND THE ECONOMIC DEVELOPMENT LAW, IN RELATION TO

ESTABLISHING THE NEWSPAPER AND BROADCAST MEDIA JOBS PROGRAM; AND

TO AMEND THE TAX LAW, IN RELATION TO ESTABLISHING THE NEWSPAPER AND

BROADCAST MEDIA JOBS TAX CREDIT (PART AAA); AND TO AMEND THE TAX

LAW, IN RELATION TO A PAYMENT OF A SUPPLEMENTAL EMPIRE STATE CHILD

CREDIT (PART BBB).

ACTING SPEAKER AUBRY: GOVERNOR'S MESSAGE

IS AT THE DESK, THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

KATHY HOCHUL, GOVERNOR.

ACTING SPEAKER AUBRY: AN EXPLANATION HAS

BEEN REQUESTED, MS. WEINSTEIN.

MS. WEINSTEIN: THANK YOU, MR. SPEAKER. WITH

THIS BILL WE'RE -- WE WILL BEGIN TO FINISH OUR WORK ON THE STATE BUDGET,

THE NEXT -- THIS BILL AND THE NEXT TWO BILLS. OUR WORK BEGAN ON JANUARY

16TH WHEN THE EXECUTIVE BUDGET WAS RELEASED. SINCE THEN, MEMBERS

HAVE BEEN WORKING HARD, TALKING TO CONSTITUENTS AND EXAMINING HOW

THE PROPOSED BUDGET WOULD IMPACT THE STATE AND THEIR INDIVIDUAL

DISTRICTS. SO I WOULD LIKE TO THANK MY COLLEAGUES WHOSE FEEDBACK AND

PERSPECTIVES HAVE BEEN ESSENTIAL TO CRAFTING THIS SPEND -- SPENDING

PLAN.

JUST SOME HIGHLIGHTS, SOME WE'VE DISCUSSED AND MANY

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THAT ARE IN THIS BILL INCLUDE MAJOR INVESTMENTS IN HEALTH CARE, INCLUDING

1.2 BILLION IN INVESTMENTS IN HOSPITALS AND NURSING HOMES OVER THE

EXECUTIVE BUDGET. THE ASSEMBLY CREATED A NEW FUNDING MECHANISM

TO HELP SECURE THE FUTURE OF -- OF OUR HEALTH CARE SYSTEM. THE

NATIONWIDE HOUSING CRISIS IS PARTICULARLY ACUTE IN OUR STATE. THIS

BUDGET PROVIDES INCENTIVES TO CREATE NEW HOUSING, AS WELL AS

PROTECTIONS FOR TENANTS, AND INVESTS 585 MILLION IN ADDITIONAL FUNDING

TO PRESERVE AND CREATE AFFORDABLE HOUSING, INCLUDING FUNDING FOR 100

PERCENT AFFORDABLE HOUSING IN PERPETUITY UNDER THE ASSEMBLY'S NEW

HOUSING FOR THE FUTURE PROGRAM. THE BUDGET INVESTS 66 MILLION TO

ENHANCE TAP BENEFITS, DOUBLING THE MINIMUM AWARD AND RAISING THE

INCOME LIMIT FOR TAP TO 125,000, FIRST INCREASE IN THIS LIMIT IN

24 YEARS. WE ENHANCED BENEFITS FOR PUBLIC EMPLOYEES TO HELP RECRUIT A

NEW GENERATION OF PUBLIC SERVANTS. THIS BUDGET CONTAINS ENHANCED

ENFORCEMENT POWERS, AS WE DISCUSSED, FOR THE OFFICE OF CANNABIS

MANAGEMENT AND LOCAL GOVERNMENTS TO HELP ADDRESS UNLICENSED

CANNABIS SALES. AND IN ADDITION, THERE ARE PROVISIONS TO HELP

ACCELERATE THE PACE OF CLEAN ENERGY DEVELOPMENT. THE BUDGET ALSO

PROVIDES 500 MILLION FOR CLEAN WATER PROJECTS, AND AN INCREASE OF 11

MILLION FOR AGRICULTURAL PROGRAMS OVER THE LAST YEAR.

THERE ARE MANY OTHER IMPORTANT PROGRAMS, EXCITING

PROGRAMS IN -- THAT WE'RE FUNDING IN THIS BUDGET, AND I LOOK FORWARD TO

HAVING QUESTIONS WITH MY COLLEAGUES NOW ON THE ISSUES IN THE -- IN

THIS, THE ELFA BILL.

ACTING SPEAKER AUBRY: MR. RA.

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NYS ASSEMBLY APRIL 19, 2024

MR. RA: THANK YOU, MR. SPEAKER. WILL THE SPONSOR

-- WILL THE CHAIRWOMAN YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: THE CHAIRWOMAN

YIELDS.

MR. RA: THANK YOU. SO I -- I DO WANT TO START WITH

SOME OF THE GLOBAL PICTURE JUST TO THE EXTENT ANY OF THIS THAT WAS NOT

PREVIOUSLY AVAILABLE MIGHT BE. YESTERDAY, YOU KNOW, WE -- WE GOT THE

FINANCIAL PLAN LATER ON IN THE DAY SO WE NOW HAVE THOSE OVERALL

SPENDING NUMBERS FOR -- FOR THIS FISCAL YEAR. DO WE HAVE ANY FURTHER

INFORMATION REGARDING OUT-YEAR GAPS?

MS. WEINSTEIN: UNFORTUNATELY, WE STILL DON'T HAVE

INFORMATION ON OUT-YEAR GAPS.

MR. RA: OKAY, THANK YOU. BUT YOU SAID YESTERDAY I

GUESS THE -- THE 20 BILLION CUMULATIVE DEFICIT FROM THE EXECUTIVE IS

PROBABLY -- PROBABLY A GOOD BALLPARK FIGURE --

MS. WEINSTEIN: YES.

MR. RA: -- FOR WHERE WE ARE?

MS. WEINSTEIN: YES, I STILL BELIEVE THAT.

MR. RA: OKAY. IN TERMS OF SOME OF THE OTHER

MEASURES WITH REGARD TO HOW MONEY IS -- IS BEING APPROPRIATED, THERE'S

A TRANSFER OF $350 MILLION FROM THE GENERAL FUND TO THE HEALTH CARE

STABILITY FUND TO COVER THE POTENTIAL REVENUE FROM THE MCO TAX IN THE

CURRENT FISCAL YEAR; IS THAT CORRECT?

MS. WEINSTEIN: YES.

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NYS ASSEMBLY APRIL 19, 2024

MR. RA: AND I KNOW, YOU KNOW, WE TALKED ABOUT IT

YESTERDAY THE LIKELIHOOD OF THIS WAIVER BEING APPROVED, BUT WHAT IS THE

PLAN SHOULD THE WAIVER NOT GET APPROVED TO ADDRESS A GAP THAT WOULD

BE CREATED IN THIS FISCAL YEAR?

MS. WEINSTEIN: I -- I THINK I MAY HAVE

MENTIONED, PERHAPS WITH SOMEONE ELSE, THAT WE BELIEVE THERE ARE

SUFFICIENT RESERVES THAT COULD BE AVAILABLE IN THE WHAT WE THINK IS

UNLIKELY CASE THAT THE MCO TAX IS NOT APPROVED BEFORE THE END OF THIS

FISCAL YEAR.

MR. RA: OKAY. AND IF -- IF THAT WAS THE CASE -- CASE,

I MEAN, WOULD THIS POTENTIALLY CREATE A RECURRING GAP IN THE GENERAL

FUND THAT WE WOULD NEED TO ADDRESS IN THE FUTURE FISCAL YEARS?

MS. WEINSTEIN: POTENTIALLY IT COULD BE, THOUGH WE

CONTINUE TO SEE THE RECEIPTS FROM THIS -- THE CLOSING OUT THE YEAR THAT

COULD ULTIMATELY BE AVAILABLE TO COVER THOSE COSTS.

MR. RA: OKAY, THANK YOU.

WITH REGARD TO DEBT, DO WE HAVE AN UPDATED

OUTSTANDING DEBT NUMBER FOR FISCAL YEAR 2025?

(PAUSE)

MS. WEINSTEIN: IT HASN'T REALLY CHANGED SINCE WE

DID THE DEBT, SO SAY IT'S ABOUT 60.9 MILLION -- BILLION, I'M SORRY.

MR. RA: AND HOW DOES THAT COMPARE TO THE

GOVERNOR AND TO -- TO LAST YEAR?

MS. WEINSTEIN: IT IS 6.6 BILLION OVER THE

GOVERNOR.

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NYS ASSEMBLY APRIL 19, 2024

MR. RA: OKAY, THANK YOU.

AND THEN JUST A COUPLE OF OTHER MEASURES THAT WE

HAVE SEEN IN RECENT YEARS THAT DATE BACK TO COVID. SO THE LIQUIDITY

FINANCING MEASURE THAT WAS PUT INTO LAW TO ADDRESS CASH FLOW NEEDS

DURING COVID, THAT AUTHORIZATION IS EXTENDED AGAIN?

MS. WEINSTEIN: YES. IT'S 3 BILLION FOR ONE YEAR,

WHICH IS DOWN FROM THE PREVIOUS 4 BILLION.

MR. RA: OKAY. AND HAVE WE BEEN UTILIZING THAT IN

THE LAST COUPLE OF FISCAL YEARS?

MS. WEINSTEIN: NO, WE HAVE NOT.

MR. RA: IS THERE A PARTICULAR REASON WHY WE'RE

EXTENDING IT, THEN?

(PAUSE)

MS. WEINSTEIN: THE EXECUTIVE HAD RECOMMENDED

A PROPOSAL WAS TO KEEP THE 4 BILLION IN PERPETUITY AND WE REDUCED THAT

BY THE 1 BILLION TO GET TO THE 3 BILLION NUMBER.

MR. RA: OKAY.

AND THEN WITH REGARD TO THE MTA, WE DID A

AUTHORIZATION DURING COVID TO ALLOW THE MTA TO ISSUE 50-YEAR

BONDS, AND THAT AUTHORIZATION CONTINUES GOING FORWARD?

MS. WEINSTEIN: YES. THERE'S A THREE-YEAR

EXTENDER FOR THE M -- IN -- IN THIS PROPOSAL.

MR. RA: OKAY. DO -- DO WE HAVE ANY SENSE OR

CONCERNS THAT WITH THE INTEREST RATES BEING AT -- AT A HIGH RIGHT NOW THAT

THIS WILL INCREASE THE COSTS FOR THE MTA IN TERMS OF THAT LENGTH OF

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BONDING?

MS. WEINSTEIN: I WOULD THINK THAT IT -- CLEARLY,

THEY'D BE ABLE TO REFINANCE IN THE FUTURE WHEN RATES WOULD BE LOWER.

MR. RA: THANK YOU.

SO I'M GONNA MOVE -- MOVE INTO, I GUESS, THE -- THE

MEAT OF THE BILL AT -- AT THIS POINT.

MS. WEINSTEIN: SURE.

MR. RA: I WANT TO START WITH EDUCATION PROVISIONS. I

KNOW THAT WE TALKED ABOUT, YOU KNOW, YESTERDAY IN AID TO LOCALITIES,

FOUNDATION AID, BUT I WANT TO START WITH THE FOUNDATION AID INFLATION

FACTOR. AT OUR BUDGET HEARING, COMMISSIONER ROSA MENTIONED THAT THE

CHANGE TO A MULTI-YEAR INFLATION FACTOR REDUCES FINAN -- FOUNDATION AID

GROSS SIGNIFICANTLY IN A YEAR WHEN INFLATION REMAINS HIGH. HOW MUCH

ARE WE LIMITING THE FOUNDATION AID INCREASE DUE TO THE CHANGE IN THE

INFLATION FACTOR CALCULATION?

MS. WEINSTEIN: WE DID NOT MAKE A PERMANENT

CHANGE TO THE INFLATION FACTOR. I THINK AS WE MENTIONED YESTERDAY, THE

-- THE RESTORATION -- THAT THE EDUCATION BUDGET INCLUDES THAT -- THE

RESTORATION OF THE HOLD HARMLESS PROVISION AND THE INCREASE OF THE

INFLATION FACTOR TO 2.8 PERCENT.

MR. RA: OKAY. AND HOW IS THAT -- THAT 2.8 PERCENT

NUMBER CHOSEN? IS IT -- IS IT BASED ON SOMETHING IN PARTICULAR, OR IS IT

A, YOU KNOW, COMPROMISE NUMBER IN TERMS OF, YOU KNOW, THE

MAJORITIES AND THE GOVERNOR?

MS. WEINSTEIN: WELL, I -- I THINK THAT IT WAS A

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COMPROMISE BOTH LOOKING AT AMOUNT AVAILABLE AND THE -- THE NEEDS OF

THE -- OF THE SCHOOL DISTRICTS.

MR. RA: OKAY. ONE OF THE -- ONE OF THE POINTS THAT I

BELIEVE THE, YOU KNOW, A LOT OF OUR SUPERINTENDENTS AND -- AND SCHOOL

BOARD MEMBERS HAVE TALKED ABOUT WITH REGARD TO THIS IS OBVIOUSLY, YOU

KNOW, I THINK THEY'D BE MORE OKAY WITH THIS CHANGE IF THEY COULD STILL

BUY, YOU KNOW, THE GOODS AND SERVICES THEY NEED AT PRICES FROM --

FROM YEARS PAST. DO WE KNOW WHY THE INFLATION FACTOR WAS ORIGINALLY

PART OF THIS FORMULA BACK IN 2007 WHEN IT WAS IMPLEMENTED?

MS. WEINSTEIN: WHEN -- BACK IN -- BACK IN --

BACK THEN WHEN INFLATION WAS AROUND 3 PERCENT AND LOOKING -- WE WERE

LOOKING FOR SOME METRIC TO BE ABLE TO PREDICT GROWTH GOING FORWARD, IT

WAS -- IT WAS ADOPTED.

MR. RA: SO DO -- WITH THE NUMBER THAT WE'RE GOING

WITH HERE, IS -- DO YOU FEEL WE'RE REMAINING CONSISTENT WITH THAT

PURPOSE OF -- OF HAVING THAT FACTOR?

MS. WEINSTEIN: IT -- IT HELPS PROVIDE SOME

GUIDANCE AS -- AS WE PUT TOGETHER AND REVIEW THE BUDGET.

MR. RA: OKAY. AND THEN GOING FORWARD -- AND WE

-- WE CAN TALK IN PARTICULAR ABOUT THE PARAMETERS OF WHO'S DOING THE

FOUNDATION AID STUDY I KNOW WHEN WE GET TO STATE OPS -- BUT IS THE

INTENTION OF THIS STUDY TO BASICALLY DO A WHOLESALE SHIFT AWAY FROM THE

COMMON CURRENT FORMULA STRUCTURE, OR DO WE THINK IT'S JUST GOING TO BE,

YOU KNOW, UPDATING DATA SOURCES, MODERNIZING DATA SOURCES TO HOW WE

COME OUT WITH WHAT A PARTICULAR DISTRICT GETS ON THE FOUNDATION AID?

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MS. WEINSTEIN: WELL, THE -- THE FOUNDATION STUDY,

I DON'T THINK WE TALKED ABOUT WHO WAS DOING IT, IT'S THE SUNY

ROCKEFELLER INSTITUTE OF GOVERNMENT IN CONSULTATION WITH STATE

AGENCIES AND STAKEHOLDERS TO RECOMMEND UPDATES AND CHANGES TO THE --

TO THE FORMULA. AND, YOU KNOW, THEN THEIR REPORT WOULD BE NONBINDING

RECOMMENDATIONS FOR UPDATES TO THE EXISTING FORMULA, BUT IT WILL

PROVIDE GUIDANCE TO BOTH THE EXECUTIVE AND THE LEGISLATURE AS -- AS TO

NEEDS GOING FORWARD AND WHAT WE SHOULD -- WHAT WE SHOULD DO TO THE

EDUCATION -- TO THE FOUNDATION AID FORMULA.

MR. RA: OKAY. AND AGAIN, I THINK WE'LL -- WE'LL TALK

A LITTLE FURTHER ABOUT THE STUDY LATER ON, BUT THAT'S -- THAT'S DUE TO COME

BACK IN DECEMBER, CORRECT?

MS. WEINSTEIN: YES, DECEMBER 1.

MR. RA: OKAY. THE -- THE BACK TO BASICS READING

INITIATIVE, IS -- IS THE DEPARTMENT OF EDUCATION GONNA BE

RECOMMENDING TEXTBOOKS OR -- OR CURRICULUM FOR THE DISTRICTS TO ADOPT

TO COMPLY WITH THIS NEW MANDATE?

MS. WEINSTEIN: THAT LEVEL OF DETAIL IS NOT -- WILL

NOT BE SPECIFIED.

MR. RA: OKAY. DO -- DO WE ANTICIPATE DISTRICTS

HAVING TO INCUR COSTS ASSOCIATED WITH HAVING, YOU KNOW, TO UPDATE

CURRICULUM TO COMPLY WITH THE NEW MANDATE?

MS. WEINSTEIN: NO, IT -- IT'S REALLY JUST TO PROVIDE

GUIDANCE TO THE SCHOOL DISTRICTS.

MR. RA: AND IS THERE ANY PARTICULAR PROVISIONS AS TO

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HOW THE DEPARTMENT WILL DETERMINE DISTRICTS THAT ARE IN COMPLIANCE OR

OUT OF COMPLIANCE, REALLY, WITH THE BEST PRACTICES THAT THE DEPARTMENT

COMES UP WITH?

MS. WEINSTEIN: THE SCHOOL DISTRICTS WOULD HAVE

TO IDENTIFY AS THAT THEY ARE -- IDENTIFY THAT THEY ARE COMPLYING WITH THE

BEST PRACTICES.

MR. RA: OKAY, THANK YOU.

HIGHER EDUCATION. SO, YOU MENTIONED A CHANGE TO

TAP, INCREASING THE MAXIMUM INCOME ELIGIBILITY THRESHOLD.

MS. WEINSTEIN: YES.

MR. RA: SO DOES THAT NOW MIRROR THE EXCELSIOR

SCHOLARSHIP NUMBER?

MS. WEINSTEIN: YES.

MR. RA: AND THEN ALSO IT WILL ALSO INCREASE THE

MINIMUM AWARD?

MS. WEINSTEIN: YES, IT DOUBLES THE MINIMUM

AWARD FROM 500 TO 1,000.

MR. RA: OKAY. DO WE KNOW HOW MANY ADDITIONAL

STUDENTS THESE CHANGES MIGHT BENEFIT?

(PAUSE)

MS. WEINSTEIN: SORRY, I DON'T HAVE THAT

INFORMATION. IT ALSO -- WE ALSO -- I JUST WANT TO ADD THAT WE PROVIDE

PART-TIME TAP TO PROPRIETARY COLLEGE STUDENTS FOR THE FIRST TIME.

MR. RA: YES, SO THAT -- SO THAT -- THAT WAS GONNA TO

BE MY NEXT QUESTION, DO WE KNOW HOW MANY ADDITIONAL COLLEGES ARE --

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ARE GONNA BENEFIT FROM -- FROM THAT CHANGE WITH REGARD TO PART-TIME

TAP?

MS. WEINSTEIN: I WOULD SAY APPROXIMATELY 11.

MR. RA: OKAY, THANK YOU. NOW, GOING BACK A

NUMBER OF YEARS, AND I -- AND I THINK THESE ARE -- I THINK THESE ARE GREAT

CHANGES TO TAP, SO I APPLAUD THAT -- THAT EFFORT. BACK BEFORE 2011, THE

MAXIMUM TAP AWARD WAS LINKED TO SUNY TUITION. ARE WE DOING

ANYTHING WITH REGARD TO LANGUAGE THAT WOULD RETURN US BACK TO HAVING

THAT LINKAGE BETWEEN TAP AWARDS AND SUNY TUITION?

MS. WEINSTEIN: NO, WE DON'T. BUT STUDENTS WHO

ARE ELIGIBLE FOR THE MAXIMUM TAP AWARD CAN CONTINUE TO GO TO SUNY

AND CUNY FOR FREE.

MR. RA: AND THEN WITH REGARD TO INDEPENDENT

COLLEGES. SO THIS -- WE HAD THIS PROPOSAL REGARDING LIMITING BUNDY AID

BASED ON THE SIZE OF ENDOWMENTS?

MS. WEINSTEIN: CORRECT.

MR. RA: AND CAN YOU -- CAN YOU DETAIL HOW -- WHAT

-- WHAT THAT ULTIMATELY LOOKS LIKE?

MS. WEINSTEIN: WE -- WE DIDN'T ACCEPT THE

GOVERNOR'S PROPOSAL FOR AN -- NOT PROVIDING BUNDY AID FOR COLLEGES

AND UNIVERSITIES THAT HAD ABOVE $750 MILLION IN THEIR RESERVE -- IN THEIR

ENDOWMENT ASSETS AT THE END OF FISCAL YEAR 2021.

MR. RA: SO DO -- DO WE HAVE ANY SENSE AS TO WHAT

THAT LOOKS LIKE FOR DIFFERENT INDEPENDENT COLLEGES IN THE STATE GIVEN,

YOU KNOW, WE HAVE RIGHT HERE, RIGHT, WE HAVE SAINT ROSE THAT IS

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CLOSING, WHAT IMPACT THIS MIGHT HAVE ON -- ON OUR INDEPENDENT

COLLEGES AND UNIVERSITIES AND THEIR ABILITY TO CONTINUE TO OPERATE?

MS. WEINSTEIN: SMALLER -- YOU KNOW, SOME OF THE

-- YOU MENTIONED SAINT ROSE, SOME OF THE SMALLER INDEPENDENT

COLLEGES ARE NOT AFFECTED BY THIS. THERE ARE ABOUT 15 OR SO UNIVERSITIES

WITH SOME VERY HIGH AMOUNTS OF ENDOWMENTS, SOME AS MUCH AS

$14 BILLION, THAT WILL -- HAVE BEEN GETTING BUNDY AID THAT STARTING THIS

YEAR WILL NOT.

MR. RA: OKAY, THANK YOU.

I WANT TO ASK ABOUT A COUPLE OF PROVISIONS, OR

PROPOSALS THAT -- THAT DIDN'T ULTIMATELY MAKE IT INTO THIS BUDGET. THERE

WAS -- IN THE ORIGINAL EXECUTIVE BUDGET IN PART K, THERE WAS A

PROVISION REGARDING A -- A LAWSUIT THAT LIMITED LIQUIDATED DAMAGES FOR

PAY VIOLATIONS, THE 2019 VEGA V. C.M. AND ASSOCIATES CONSTRUCTION

MANAGEMENT DECISION THAT FOUND THAT PAYING MANUAL WORKERS OTHER

THAN A WEEKLY BASIS WAS WAGE THEFT, EVEN IF THEY WERE PAID THEIR FULL

WAGES. AND THIS WOULD HAVE REMEDIED THIS SITUATION, AND I KNOW, YOU

KNOW, A LOT OF EMPLOYERS WERE CONCERNED WITH THAT. SO DO WE HAVE A

CONCERN WITHOUT ADOPTING THAT LANGUAGE THAT EMPLOYEES [SIC] COULD

STILL BE SUED AND FORCED TO PAY THE EMPLOYEES' PAID WAGE EVEN IF

THEY'VE ALREADY PAID IT?

MS. WEINSTEIN: SO, WE COULDN'T REALLY COME TO

AGREEMENT WITHIN THE BUDGET, BUT SINCE IT IS A POLICY ISSUE WE CAN

CERTAINLY TAKE -- INTEND TO TAKE IT UP AFTER THE BUDGET, LATER IN SESSION.

MR. RA: SO WE -- WE DO EXPECT TO POSSIBLY TAKE

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SOMETHING UP WITH THAT ON ITS OWN OUTSIDE OF THE BUDGET?

MS. WEINSTEIN: YES, BECAUSE WE ARE LOOKING FOR

A SOLUTION THAT WOULD WORK.

MR. RA: GREAT, THANK YOU.

WITH REGARD TO, AGAIN, SOMETHING THAT I GUESS WAS --

WAS REALLY I WOULD SAY MORE IN THE ONE-HOUSE THAN IN THE EXECUTIVE,

BUT DO WE HAVE ANY PARTICULAR PROPERTY TAX RELIEF PROVISIONS IN -- IN

THIS BUDGET?

MS. WEINSTEIN: NOT FOR PROPERTY TAX RELIEF, BUT

THERE ARE SOME OTHER RELIEF -- RIGHT, THERE'S NO PROPERTY TAX RELIEF, PER

SE.

MR. RA: OKAY. BUT THERE ARE, I GUESS, A NUMBER

RELATED TO HOUSING PROPOSALS, CORRECT?

MS. WEINSTEIN: YES.

MR. RA: SO DO WE KNOW HOW, YOU KNOW, HOW THE

LOCAL GOVERNMENTS FEEL ABOUT THIS? BECAUSE I BELIEVE THESE ARE

OPT-INS?

MS. WEINSTEIN: OUTSIDE OF NEW YORK CITY, YES.

MR. RA: OKAY. SO IF A -- LIKE, I KNOW THERE'S THE

ONE -- THERE'S ONE RELATED TO ACCESSORY DWELLING UNITS, CORRECT?

MS. WEINSTEIN: YES.

MR. RA: AND IT PROVIDES A PARTIAL EXEMPTION THAT

PHASES OUT OVER, IS IT THREE YEARS?

MS. WEINSTEIN: FIVE YEARS.

MR. RA: FIVE YEARS?

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: A FIVE-YEAR TAX EXEMPTION.

MR. RA: SO IF A MUNICIPALITY WERE TO OPT INTO THAT,

SINCE IT'S AN EXEMPTION, RIGHT, I GUESS THE COST OF THAT BENEFIT BEING

PROVIDED TO A PARTICULAR TAXPAYER IS -- IS SPREAD TO THE REST OF THE

PROPERTY TAXPAYERS THAT THAT LEVY IMPACTS, CORRECT?

MS. WEINSTEIN: YES.

MR. RA: OKAY. AND THEN -- AND THEN OVER -- ONCE

THE FIVE YEARS IS UP, THE, YOU KNOW, THE PROPERTY OWNER WILL BE PAYING

THE FULL ASSESSED VALUE OF -- OF THAT PROPERTY?

MS. WEINSTEIN: YES. YES, THAT'S TRUE.

MR. RA: OKAY, THANK YOU. I WANT TO GET INTO SOME

OTHER ISSUES WITH REGARD TO THE HOUSING PROPOSALS IN GENERAL.

MS. WEINSTEIN: SURE.

MR. RA: SO, THE GOOD CAUSE PROVISIONS.

MS. WEINSTEIN: YES.

MR. RA: SO WE HAVE -- THIS IS MANDATORY IN NEW

YORK CITY, CORRECT?

MS. WEINSTEIN: YES.

MR. RA: AND THEN IT'S AN OPT-IN OUTSIDE OF NEW

YORK CITY?

MS. WEINSTEIN: CORRECT.

MR. RA: OKAY. AND HOW -- WHAT IS THE INTERPLAY

BETWEEN A -- A MUNICIPALITY, WHETHER IT'S A CITY, WHETHER IT'S A VILLAGE,

WHATEVER, THAT IS SUBJECT TO OUR CURRENT RENT CONTROL LAWS VERSUS SUBJECT

TO GOOD CAUSE EVICTION AND -- AND THE -- THE, YOU KNOW, THE -- THE

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PROTECTIONS THAT ARE ASSOCIATED WITH REGARD TO RENT IN THE GOOD CAUSE

EVICTION LOCAL RENT STANDARD?

MS. WEINSTEIN: RIGHT. SO REGULAR -- REGULATED

UNITS ARE NOT PART OF THIS PROPOSAL, THE GOOD CAUSE EVICTION.

MR. RA: OKAY. NOW, AM I CORRECT THAT UNDER OUR

RENT CONTROL PROVISIONS, WHEN A MUNICIPALITY OPTS INTO THOSE, THEY'RE

REQUIRED TO DO A -- A VACANCY SURVEY?

MS. WEINSTEIN: YES.

MR. RA: AND IS ANY -- ANY SUCH SURVEY REQUIRED FOR

A MUNICIPALITY WHO OPTS INTO GOOD CAUSE EVICTION?

MS. WEINSTEIN: NO.

MR. RA: OKAY. SO, YOU KNOW, I THINK THE DIFFERENCE

THERE BEING, YOU KNOW, WE'VE ALWAYS REQUIRED BASIC -- BASICALLY THAT

SURVEY TO SHOW A EMERGENCY OF -- OF HOUSING, SO THAT'S SOMETHING THAT I

-- I THINK MAY BE CONCERNING THAT IS NOT PART OF THIS SYSTEM WHICH IS

GOING TO SIMILARLY LIMIT, YOU KNOW, THE RENT THAT CAN BE CHARGED ON A

PARTICULAR UNIT.

NOW, WITH REGARD TO THE -- THE EVICTION PROVISIONS

THEMSELVES, HOW -- UNDER WHAT CIRCUMSTANCES CAN A LANDLORD REMOVE A

TENANT, RIGHT? WE'RE TALKING ABOUT A SITUATION WHERE PERHAPS THERE'S

BEEN A LEASE THAT HAS EXPIRED, RIGHT, BUT THE LANDLORD, DESPITE THE

EXPIRATION OF THAT LEASE, WILL NOW BE LIMITED IN THEIR ABILITY TO HAVE THAT

TENANT VACATE THE UNIT, CORRECT?

MS. WEINSTEIN: CORRECT. WOULD YOU LIKE ME TO

GO THROUGH THE VARIOUS --

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NYS ASSEMBLY APRIL 19, 2024

MR. RA: YES, PLEASE.

MS. WEINSTEIN: -- (INAUDIBLE)? OKAY. SO GOOD

CAUSE ON BEHALF OF A LANDLORD NOT RENEWING THE LEASE OR EVICTING

WOULD BE NONPAYMENT OF RENT; THE TENANT IS VIOLATING THE TERMS OF THE

TENANCY AND HAS NOT CURED THE VIOLATION AFTER WRITTEN NOTICE; THE TENANT

IS COMMITTING OR PERMITTING A NUISANCE MALICIOUSLY OR NEGLIGENTLY

DAMAGING THE PROPERTY OR INTERFERING WITH THE COMFORT OF THE LANDLORD

OR OTHER TENANTS; THE TENANT IS LIVING IN THE UNIT IN VIOLATION OF LAW AND

THE STATE OR MUNICIPALITY HAS ISSUED AN ORDER TO VACATE; THE TENANT IS

USING THE UNIT OR ALLOWING THE UNIT TO BE USED FOR AN ILLEGAL PURPOSE;

THE TENANT UNREASONABLY DENIES ACCESS TO THE LANDLORD WHEN THE

LANDLORD IS ATTEMPTING TO MAKE REPAIRS OR SELL THE PROPERTY. THE

LANDLORD IN GOOD FAITH -- SEEKS IN GOOD FAITH TO RECOVER THE UNIT FOR

THEIR OWN USE AS A PRIMARY RESIDENCE, OR THE USE OF A FAMILY MEMBER AS

A PRIMARY RESIDENCE WHERE THERE ARE NO OTHER UNITS AVAILABLE TO RECOVER

AND THE OCCUPANT IS NOT A SENIOR OR DISABLED. THE LANDLORD SEEKS IN

GOOD FAITH TO DEMOLISH -- DEMOLISH OR SIGNIFICANTLY REPAIR THE HOUSING

ACCOMODATION. THE LANDLORD SEEKS IN GOOD FAITH TO WITHDRAW THE

HOUSING ACCOMMODATION FROM THE HOUSING RENTAL MARKET, THE TENANT

FAILS TO AGREE TO REASONABLY -- TO REASONABLE CHANGES TO A LEASE AT

RENEWAL INCLUDING RENT INCREASES THAT ARE NOT UNREASONABLE. AND I

WOULD ADD THAT EXEMPTED FROM THESE PROVISIONS ARE LANDLORDS WHO

OWN NO MORE THAN 10 UNITS IN THE STATE, OR AN OWNER-OCCUPIED PREMISE

[SIC] WITH NO MORE THAN 10 UNITS, AND THEN THERE ARE EXEMPTIONS FOR

UNITS WHICH RENT FOR MORE THAN 245 PERCENT OF THE FAIR MARKET RENT FOR

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NYS ASSEMBLY APRIL 19, 2024

THE UNIT SIZE AND THE RENTAL AREA, THOUGH THAT NUMBER CAN -- THAT

PERCENTAGE CAN BE ADJUSTED BY A LOCAL -- A MUNICIPALITY THAT OPTS IN,

AND IT EXEMPTS BUILD -- BUILDINGS BUILT AFTER JANUARY 1ST, 2009 FOR A

PERIOD OF 30 YEARS.

MR. RA: OKAY. WITH REGARD TO THE PIECE FOR

PERSONAL USE AND OCCUPANCY FOR A -- A RELATIVE, AND I KNOW THERE --

THERE'S A LIST OF WHAT RELATIVES THAT WOULD QUALIFY, BUT IT SAYS WHEN NO

OTHER SUITABLE HOUSING IN THE BUILDING IS AVAILABLE. NOW, DOES THAT

MEAN A UNIT, OR COULD -- OR -- OR, I MEAN, COULD IT BE A SITUATION WHERE,

HEY, THERE'S -- THERE'S A ROOM SOMEWHERE, SOMEBODY THAT -- THAT YOU

COULD PUT THEM IN, OR DOES IT MEAN IF NO OTHER UNIT IS AVAILABLE?

MS. WEINSTEIN: WELL, UNIT REFERS -- REFERS TO AN

INDIVIDUAL APARTMENT.

MR. RA: OKAY. SO -- SO UNDER THOSE CIRCUMSTANCES,

IF SOMEBODY WANTED TO GIVE A -- A PARTICULAR UNIT TO THAT RELATIVE, YOU

KNOW, A QUALIFYING RELATIVE UNDER THE LANGUAGE OF THIS, BUT THEY HAD

MAYBE A -- A SMALLER UNIT AVAILABLE IN THE BUILDING, HOW -- HOW WOULD

THAT WORK? WOULD THEY BE -- WOULD THEY HAVE TO GIVE THEIR RELATIVE A

-- A DIFFERENT UNIT AND NOT BE ABLE TO HAVE THE UNIT THAT THEY WANT TO

GIVE THAT RELATIVE BE VACATED?

MS. WEINSTEIN: IT WOULD -- IT TALKS ABOUT A

SUITABLE UNIT. SO IF THERE'S A NEED FOR A CERTAIN SIZE UNIT AND, FOR

EXAMPLE, A TWO-BEDROOM VERSUS A STUDIO THAT MIGHT BE AVAILABLE, THAT

WOULD CONTROL.

MR. RA: OKAY.

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MS. WEINSTEIN: IF THERE WAS THE NEED FOR THE

LARGER APARTMENT.

MR. RA: AND IT WOULD -- WITH REGARD TO -- SAY IT'S AN

ELDERLY RELATIVE AND YOU'RE TRYING TO GET -- YOU HAVE A UNIT AVAILABLE ON

THE FIFTH FLOOR, BUT THERE'S ONE AVAILABLE -- YOU'RE -- YOU'RE LOOKING TO

GIVE THAT ELDERLY RELATIVE ONE ON THE FIRST FLOOR SO THAT THEY DON'T, YOU

KNOW, MAYBE THEY DON'T DO STAIRS WELL, WHATEVER. WOULD -- WOULD YOU

BE ABLE TO GIVE THAT UNIT TO THE RELATIVE UNDER THOSE CIRCUMSTANCES?

MS. WEINSTEIN: YES. AS -- PARTICULARLY AS

SOMEONE WHO HAD TROUBLE WALKING UP SEVERAL FLIGHTS OF STAIRS, IT

CERTAINLY WOULD NOT BE SUITABLE TO HAVE SOMEONE WHO HAS TROUBLE

WALKING BE ON A FIFTH FLOOR.

MR. RA: OKAY, THANK YOU.

AND WE HAVE A COUPLE MINUTES LEFT, AND I'M GONNA

JUST SHIFT TO A -- A -- MAYBE ONE OF THE MORE DRY TOPICS WITH REGARD TO

SWEEPS AND TRANSFERS AND THE -- AND THE COMPTROLLER'S OVERSIGHT. NOW,

WE'VE REJECTED THE PROPOSAL TO LIMIT THE COMPTROLLER'S REVIEW OF BOND

TRANSACTIONS, CORRECT?

MS. WEINSTEIN: YES.

MR. RA: OKAY. SO IT WASN'T OMITTED, BUT RATHER IT

LOOKS LIKE IT'S A DIFFERENT PROVISION HAS BEEN -- JUST REPLACED THAT

PARTICULAR SECTION?

MS. WEINSTEIN: YES, THAT'S CORRECT.

MR. RA: OKAY. AND ARE WE CONFIDENT AT THIS POINT

THAT -- WELL, WE'VE SEEN ALL THE BILLS, SO THAT -- THAT -- THAT PROVISION IS

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NOT ANYWHERE ELSE, CORRECT?

MS. WEINSTEIN: CORRECT.

MR. RA: OKAY. AND THEN WHEN WE HAD DISCUSSED

THE CAPITAL BUDGET IT INCLUDED INCREASES TO THE CREST AND LCAP

CAPITAL GRANT PROGRAMS. WHY WERE THOSE BOND CAP INCREASES NOT IN

INCLUDED IN SWEEPS AND TRANSFERS?

(PAUSE)

MS. WEINSTEIN: SO, SINCE THEY DO GET BONDED

THROUGH DASNY, MY UNDERSTANDING IS THAT IT'S INCLUDED IN THE

AGGREGATE NUMBER BUT NOT LINED OUT IN THAT WAY.

MR. RA: OKAY. THANK YOU VERY MUCH, MADAM

CHAIR. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: OFTENTIMES OUR DEBATE HIGHLIGHTS

OUR DIFFERENCES AND RATHER THAN HIGHLIGHT OUR COMMONALITIES, AND SO I

WANTED TO TAKE A MINUTE TO DISCUSS WHERE I THINK ALL OF US HAVE A

COMMON INTEREST AND WHERE WE MIGHT DIFFER AS IT RELATES TO GOOD

CAUSE EVICTION. I THINK EVERYBODY IN THIS ROOM HAS A LOT OF

COMPASSION, A LOT OF CONCERN AND A LOT OF DESIRE TO ADDRESS THE HOUSING

CRISIS. EVERYONE IN THIS ROOM WOULD LIKE TO SEE MORE HOUSING, MORE

SUPPLY, MORE COMPETITIVE MARKET, LOWER RENTS AND BETTER QUALITY

APARTMENTS. ON THAT, ON THE OBJECTIVE, I THINK WE ALL AGREE. WHERE WE

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DISAGREE IS HOW TO GET THERE. MOST OF MY COLLEAGUES ARE OF THE OPINION

THAT IF WE HARNESS THE POWER OF THE PRIVATE SECTOR AND THE CAPITALIST

MARKET, WE CAN ACHIEVE THOSE OBJECTIVES. AND IN -- IN SUPPORT OF THAT,

WE LOOK AT HOW HOUSING MARKETS HAVE SUCCESSFULLY ADAPTED TO CHANGES

ALL ACROSS THE STATE OF NEW YORK, OUTSIDE OF NEW YORK CITY, AND ALL

ACROSS THE NATION. THE CONCERN I HAVE, AND IT'S DEEPLY FRUSTRATING TO

ME, IS THAT WHEN WE ADDRESS THESE HOUSING ISSUES, PARTICULARLY IN NEW

YORK CITY, WE SEEM TO BE IGNORING SOME FAIRLY FUNDAMENTAL

UNEQUIVOCAL CONCEPTS THAT GOVERN THE LAW OF SUPPLY AND DEMAND. AND

WE KNOW THEM, WE'RE JUST NOT APPLYING THEM. SO WE ALL KNOW THAT IF

YOU WANT TO INCREASE THE SUPPLY OF HOUSING, FOR EXAMPLE, YOU NEED TO

MAKE IT MORE ATTRACTIVE FOR INVESTORS TO GO INTO THAT FIELD AND INVEST

THEIR HARD-EARNED MONEY. AND WHEN INVESTORS ARE LOOKING AT WHERE TO

PUT THEIR MONEY, THEY LOOK AT THE RISK THAT THEY'LL LOSE MONEY, AND THEY

APPLY IT AGAINST THE OPPORTUNITY TO MAKE A PROFIT. AND SO WHEN WE

MAKE IT RISKIER TO MAKE AN INVESTMENT OR IF WE MAKE IT MORE DIFFICULT

TO COVER YOUR COSTS BY CAPPING YOUR PROFITABILITY, WE REDUCE THE

SUPPLY, WE REDUCE THE INVESTMENTS. AND THIS BILL DOES BOTH. IT MAKES

IT RISKIER TO INVEST IN REAL ESTATE BY A PUTTING GOVERNMENT-REGULATED CAP

ON RENT, AND IT CAPS YOUR PROFITABILITY. IT DOES BOTH; IT MAKES IT RISKIER,

MORE LIKELY YOU'LL LOSE MONEY, AND IT LIMITS YOUR ABILITY TO OFFSET THAT

RISK.

SO, SADLY, THIS BILL, IN MY OPINION, WILL MAKE THE

HOUSING CRISIS WORSE, NOT BETTER. AND SO WE RECOGNIZE PARTS OF IT IN

THIS BILL, SO WE HAVE THIS VERY UNIQUE SITUATION IN THIS BILL WHERE, AS

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NOTED BY THE WALL STREET JOURNAL, WE IMPOSE UNIVERSAL RENT CONTROLS

WHICH HAVE PROVEN TO DEPRESS THE MARKET, THEN WE CREATE MASSIVE TAX

BREAKS FOR CERTAIN DEVELOPERS BUT NOT OTHERS. WE INCREASE A

DISINCENTIVE TO MAKE INVESTMENTS FOR EVERYBODY ELSE, AND THEN WE

LAYER ON VARIOUS SUBSIDIES. IT'S A CRAZY APPROACH.

FIVE YEARS AGO IN 2019, WE PASSED THE TENANT

PROTECTION SECURITY ACT AND THE GALLERIES HERE WERE FILLED WITH TENANT

ADVOCATES WHO WERE CHEERING. AND I JUST SHOOK MY HEAD, I -- I SAID TO

MYSELF, FORGIVE THEM, GOD. THEY NOT -- THEY KNOW NOT WHAT THEY ASK

FOR. BECAUSE IN 2019, AS AN EXAMPLE, WE LIMITED THE SECURITY DEPOSIT

TO ONE MONTH AND THEN WE EXTENDED THE EVICTION PROCESS. UPSTATE, THE

FASTEST YOU CAN GO IS ABOUT TWO-AND-A-HALF MONTHS, AND YOU HAVE TO

BRING TWO LAWSUITS IF YOU WANT TO RECOVER DAMAGES AND RENT BECAUSE

YOU CAN'T DO IT IN A SINGLE LAWSUIT ANYMORE. AND IN NEW YORK CITY,

IT'S MY UNDERSTANDING THAT LANDLORDS WOULD BE DELIGHTED IF THEY COULD

DO IT IN TWO OR THREE MONTHS.

SO WHAT HAPPENS WHEN YOU LIMIT THE SECURITY DEPOSIT

BUT RAISE THE RISK OF LOSS BY EXTENDING THE EVICTION TIME FRAME?

LANDLORDS RAISED THE RENT. THEY HAD NO CHOICE. THEY HAD TO RAISE THE

RENT TO COVER THAT INCREASED RISK OF LOSS, AND THAT'S EXACTLY WHAT

HAPPENED. IT HAPPENED STATEWIDE. AND THEN IN THE SAME YEAR, WE

DEALT WITH SUBSTANTIAL IMPROVEMENTS ON RENT-CONTROLLED APARTMENTS IN

NEW YORK. AND WE DID A COUPLE OF THINGS: FIRST, WE ELIMINATED ANY

POSSIBLE RETURN ON YOUR INVESTMENT. AND WE DID THAT BECAUSE WE SAID

IF YOU RENOVATE AN APARTMENT, THE ONLY THING YOU CAN GET IS THE COST OF

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THE RENOVATION PAID OUT OVER A NUMBER OF YEARS WITH ZERO RATE OF

RETURN, ZERO INTEREST. AND THAT WAS IF YOU COULD KEEP THE INCREASED

COSTS BELOW AN ARTIFICIALLY-LOW CAP. NOW, HOW MANY OF YOU WOULD

TAKE YOUR OWN MONEY AND INVEST IT IN AN AREA WHERE, AT BEST, YOU'VE

GOT NOTHING IN RETURN? THINK ABOUT THAT. WOULD YOU PUT YOUR MONEY

IN A -- IN A -- IN A CD WHERE THEY PROMISED YOU THAT, AT BEST, YOU'D GET

ZERO? BUT THAT'S EXACTLY WHAT WE DID.

AND SO WHAT DO WE DO IN THIS LAW? WELL, WE MAKE

SOME MINOR CHANGES. WE RAISED THE ABILITY TO MAKE RENOVATIONS TO

INDIVIDUAL APARTMENTS, STILL NO RATE OF RETURN. STILL ZERO. WHICH MEANS

IF YOU WANT TO LOSE MORE MONEY, YOU CAN DO IT. AND WE DON'T ADJUST AT

ALL THE COST OF MAKING BUILDING-WIDE INVESTMENTS. SO WHILE THE NEW

YORK CITY COUNCIL IS SAYING YOU MUST CONVERT TO ALL-ELECTRIC, YOU

MUST, AND WE KNOW IT'S A MASSIVE COST, WE SAY TO EVERYONE WHO OWNS

A RENT-CONTROLLED APARTMENT, YOU CAN'T RAISE RENTS TO PAY FOR THAT

MASSIVE COST OF CONVERTING TO ALL-ELECTRIC. SO WHAT'S HAPPENING IN THE

NEW YORK CITY RENTAL MARKET? THE VACANCY RATE, AS ALL MY NEW YORK

CITY COLLEAGUES ARE QUICK TO POINT OUT, IS JUST OVER 1 PERCENT. I MEAN,

THAT'S A HORRIFICALLY TIGHT MARKET. BUT WHAT'S THE VACANCY RATE IN

RENT-STABILIZED APARTMENTS? THAT, MY FRIENDS, IS AROUND 25 PERCENT.

WHY? BECAUSE THE LANDLORDS CAN'T AFFORD TO MAINTAIN THEM. THEY

SIMPLY CAN'T AFFORD TO MAINTAIN THEM BECAUSE WE MADE IT IMPOSSIBLE

FOR THEM TO GET ANY RETURN ON INVESTMENT.

SO WHAT'S GOOD CAUSE EVICTION DO? IT TAKES THE RENT-

STABILIZED PROGRAM THAT WAS A DISASTER IN NEW YORK THAT'S RESULTED IN A

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25 PERCENT VACANCY RATE ACROSS THE STATE -- CITY OF NEW YORK, AND WE

TAKE THAT CONCEPT AND APPLY IT STATEWIDE. THE 25 PERCENT VACANCY RATE

WAS BASED ON A SURVEY OF A QUARTER-OF-A-MILLION APARTMENTS THAT WAS

DONE A FEW MONTHS AGO. AND DO WE THINK FOR ONE MOMENT IF WE TELL

EVERYONE WHO IS INVOLVED IN THE REAL ESTATE MARKET THAT, YOU WON'T BE

ABLE TO MAKE A DECENT RETURN AND IT WILL INCREASE YOUR RISK OF LOSING

YOUR MONEY THAT THEY'RE ALL GONNA TO FLOCK TO THIS FIELD? NO, THEY'LL BUY

SOMETHING ELSE. YOU'D BUY -- YOU'D BUY A UTILITY STOCK. OUR PUBLIC

SERVICE COMMISSION GUARANTEES A RATE OF RETURN OF 9 PERCENT. YOU

INVEST IN REAL ESTATE AND THIS LEGISLATURE MAKES SURE YOU DON'T LOSE ANY

-- YOU DON'T MAKE ANY MONEY. IT'S A RECIPE FOR DISASTER, AND IT HAS BEEN

PROVEN TO BE A DISASTER. SO WHY AFTER 50 YEARS OF FAILED PUBLIC POLICY

DO WE WANT TO DOUBLE DOWN?

NOW, ONE OF MY COLLEAGUES MENTIONED YESTERDAY IN

AN UNRELATED DEBATE THAT IF WE'RE GONNA COMPLAIN ABOUT SOMETHING, WE

OUGHT TO HAVE A SOLUTION. AND I AGREE. SO I'LL GIVE YOU A SIMPLE

SOLUTION. LET'S REDUCE THE RISK TO LANDLORDS AND INVESTORS TO ENCOURAGE

MORE INVESTMENT. LET'S REDUCE THE RISK. HOW DO YOU REDUCE THE RISK?

YOU MAKE IT EASIER, NOT HARDER, TO EVICT A TENANT THAT'S NOT PAYING.

LET'S ALLOW THEM TO GET A MARKET RATE OF RETURN. HOW DO YOU DO THAT?

LET THE RENT RATES FLUCTUATE WITH THE MARKET SO INDIVIDUALS, WHEN

THEY'RE LOOKING AT INVESTING THEIR HARD-EARNED MONEY, KNOW THEY CAN

MAKE A REASONABLE RATE OF RETURN IN REAL ESTATE AS OPPOSED TO TAKING

THEIR MONEY AND PUTTING IT INTO THE STOCK MARKET. FOR PETE'S SAKES, YOU

COULD PUT YOUR MONEY IN A CD AND MAKE FIVE TIMES MORE THAN YOU CAN

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MAKE IN REAL ESTATE IN NEW YORK CITY. THE FACT THAT WE HAVE MADE

REAL ESTATE SO UNPROFITABLE AND REAL ESTATE HAS FAR-REACHING

RAMIFICATIONS, IN ADDITION TO DRIVING UP MARKET RENTS IN THE UNREGULATED

AREA, WE HAVE CREATED A BANKING CRISIS. AS NOTED IN THE WALL STREET

JOURNAL JUST THIS MORNING, AND I QUOTE, "ONE PREDICTABLE RESULT OF THESE

RENT REGULATIONS IS THAT MULTI-FAMILY HOUSING VALUES AND INVESTMENT

HAVE PLUNGED." HOW MUCH? THE FDIC UNLOADED LOANS FROM THE

FAILED SIGNATURE BANK THEY WERE BACKED BY RENT-STABILIZED APARTMENTS

AT A 40 PERCENT DISCOUNT. THESE RENT REGULATIONS HAVE RESULTED IN THESE

BUILDINGS BEING WORTH 40 PERCENT LESS THAN THEIR FAIR MARKET VALUE.

NEW YORK COMMUNITY BANK WARNED THIS YEAR THAT A -- THAT 14 PERCENT

OF ITS RENT-REGULATED LOAN BOOK WAS AT RISK OF DEFAULT.

WE HAVE A HOUSING CRISIS. THE HOUSING CRISIS WAS

CREATED BY THIS LEGISLATURE BY DRIVING OUT INVESTMENT. THE SOLUTION IS

TO ENCOURAGE INVESTMENT BACK IN. THAT'S HOW YOU DO IT. NOT BY

EXTENDING A FAILED PUBLIC POLICY STATEWIDE. SO MY FRIENDS, FIVE YEARS

AGO WHEN WE PASSED THE TENANT PROTECTION AND SECURITY ACT, I WROTE

AN ESSAY, AND I SAID THIS IS BAD FOR LANDLORDS AND IT'S BAD FOR TENANTS.

BECAUSE LANDLORDS ARE GONNA BE FORCED TO RAISE RENTS WHERE THEY CAN,

TENANTS ARE GONNA FACE A HOUSING SHORTAGE. THAT HOUSING SHORTAGE IS

GONNA DRIVE UP THE RENTS FURTHER. IT'S BAD FOR LANDLORDS AND IT'S BAD FOR

TENANTS. SO LET'S HARNESS THE POWER OF THE PRIVATE SECTOR TO HELP

ADDRESS THE HOUSING CRISIS, NOT EXASPERATE IT.

NOW, ON A COMPLETELY UNRELATED ISSUE, I ALWAYS THINK

IT'S FUN, SOMETIMES, TO LOOK FOR HUMOR IN THE BUDGET. AND I FOUND IT

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THIS MORNING IN REVIEWING THIS BILL WHEN I READ ABOUT THE NEW

PROPOSALS FROM THE BLUE RIBBON TASK FORCE BY THE MTA IN HOW TO

ADDRESS FARE BEATING FOR THOSE WHO VIOLATE PAYING FARES. NOW, HOW BIG

OF AN ISSUE IS IT? WELL, THE MTA TELLS US THEY LOSE ABOUT 690 MILLION A

YEAR, ABOUT TWO-THIRDS OF A BILLION, ON FARE BEATING. AND SO WHAT'S

THEIR RECOMMENDATION TO ADDRESS IT? WELL, FIRST, IF YOU GET A TICKET

THEY ELIMINATE ANY FINE AT ALL. NO FINE. YEAH, THAT'S REALLY GONNA

ENCOURAGE ENFORCEMENT. INSTEAD, YOU'D GET A WRITTEN WARNING AND THEN

PRESUMABLY THERE'S SOME DATABASE WHERE IT KEEPS TRACK OF ALL THIS. AND

THEN WHAT HAPPENS IF YOU GET SECOND FINE? WELL, IF YOU GET A SECOND

FINE THERE'S A FINE UNLESS YOU ENROLL IN THE FARE FINE PROGRAM. AND IF

YOU ENROLL IN THE FARE FINE PROGRAM, THEY'LL GIVE YOU HALF THE FINE BACK

ON -- ON AN MTA CARD. (LAUGHING) THAT'S REALLY GONNA HELP

ENFORCEMENT. SO YOU WONDER HOW IS IT THAT NEW YORK CITY IS LOSING

690 MILLION ON FARE ENFORCEMENT AND THEIR BLUE RIBBON TASK FORCE

SAYS, WE'LL ELIMINATE ANY FINES AND WE'LL JUST TELL YOU, YOU REALLY NEED

TO PAY. AND THEN YOU HAVE DA BRAGG WHO SAYS, AND BY THE WAY, IF

YOU EVER DO GET A TICKET, I'M NOT GOING TO ENFORCE IT ANYWAY. IT'S -- IT'S

ASTOUNDING THAT ANYONE PAYS. AND BY THE WAY, ONLY ABOUT 40 PERCENT

OF THOSE WHO RIDE THE BUS DON'T PAY, THEY JUST WALK RIGHT BY THE BUS

DRIVER AND THE BUS DRIVERS ARE TOLD, DON'T EVEN ASK FOR A FARE BECAUSE

WE DON'T WANT TO OFFEND ANYONE. IF WE WERE RUNNING A BUSINESS IN THE

PRIVATE SECTOR, THIS WOULD BE A BAD JOKE AND, SADLY, IT IS A BAD JOKE, AND

IT'S A BAD JOKE ON US.

THANK YOU, SIR.

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ACTING SPEAKER AUBRY: MR. REILLY.

MR. REILLY: THANK YOU, MR. SPEAKER. WILL THE

CHAIRWOMAN YIELD FOR A FEW QUESTIONS?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: THE CHAIRWOMAN

YIELDS.

MR. REILLY: THANK YOU, MADAM CHAIR.

SO I WANT TO START OFF ON TALKING ABOUT MAYORAL

CONTROL.

MS. WEINSTEIN: YES.

MR. REILLY: SO IN THIS LEGISLATION THERE IS A PIECE

THAT WOULD REVAMP THE PANEL FOR EDUCATIONAL POLICY, WHAT'S BETTER

KNOWN AS PEP, ON THE NEW YORK CITY SCHOOL BOARD.

MS. WEINSTEIN: YES.

MR. REILLY: SO IT SAYS THAT THE -- THE CHAIR OF THE

PEP WILL BE SELECTED -- THERE'LL BE THREE SELECT -- THREE PEOPLE SELECTED

TO -- TO THE MAYOR FOR HIM TO CHOOSE -- OR HE OR SHE, WHOEVER'S THE

MAYOR AT THE TIME -- ONE BY THE -- ONE BY THE ASSEMBLY SPEAKER, ONE

BY THE SENATE TEMPORARY PRESIDENT AND ONE BY THE CHANCELLOR OF THE

BOARD OF REGENTS.

MS. WEINSTEIN: CORRECT.

MR. REILLY: IS THAT CORRECT?

MS. WEINSTEIN: CORRECT.

MR. REILLY: SO READING FURTHER INTO IT, IT SAYS THAT

IF THE MAYOR DOESN'T SELECT ONE OF THOSE MEMBERS, THERE WOULD BE UP TO

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TWO MORE GROUPS OF THREE SUBMITTED TO THE MAYOR FOR HIS SELECTION --

MS. WEINSTEIN: CORRECT.

MR. REILLY: -- IS THAT ACCURATE? SO IF WE GET PAST

THOSE THREE ROUNDS AND THE MAYOR STILL HASN'T SELECTED AN INDIVIDUAL,

WHAT HAPPENS?

MS. WEINSTEIN: THE -- WHOEVER'S MAYOR AT THE

TIME WOULD HAVE TO SELECT SOMEBODY FROM ROUND NUMBER THREE.

MR. REILLY: SO IS IT A "SHALL" SELECT, WHERE THE

MAYOR WOULD BE REQUIRED TO TAKE ONE OF THOSE THREE IN THE --

MS. WEINSTEIN: YES.

MR. REILLY: -- THIRD GROUP?

MS. WEINSTEIN: YES.

MR. REILLY: IS THERE ANY MECHANISM IF THE MAYOR

DOES NOT SELECT A PERSON? IS THERE ANY TYPE OF PENALTY?

MS. WEINSTEIN: THERE'S NOTHING IN THIS STATUTE,

BUT THE -- THE MAYOR WOULD THEN BE OUT OF COMPLIANCE WITH EDUCATION

LAW.

MR. REILLY: AND WHAT WOULD -- HOW WOULD WE

HOLD THE MAYOR ACCOUNTABLE FOR BEING OUT OF COMPLIANCE WITH

EDUCATION LAW?

MS. WEINSTEIN: I WOULD BELIEVE THAT THE

COMMISSIONER OF ED -- EDUCATION, STATE ED, COULD TAKE CERTAIN ACTIONS

TO MAKE SURE THAT THE CITY WOULD BE IN COMPLIANCE.

MR. REILLY: OKAY. IF THE MAYOR DID NOT SELECT ONE

OF THOSE LAST THREE CANDIDATES AND THE MAYOR HAD VALID REASON, WHAT

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WOULD THE APPEALS PROCESS BE?

MS. WEINSTEIN: I -- WE DON'T BELIEVE THAT THE

CANDIDATES THAT WOULD BE SUBMITTED NOW IN ROUND THREE WOULD NOT BE

QUALIFIED TO -- THAT NEITHER OF THE THREE CANDIDATES -- A SITUATION WHERE

NEITHER OF THE THREE CANDIDATES WOULD NOT BE QUALIFIED TO BE APPOINTED

CHAIR OF THE PEP.

MR. REILLY: SO BASED ON THIS LEGISLATION AND

REFORM THAT'S AN EXTENSION FOR TWO YEARS, WE AS A LEGISLATURE AND AS THE

BOARD OF REGENTS BELIEVE THAT WE'LL DEFINITELY FIND A CANDIDATE THAT WILL

BE SELECTED?

MS. WEINSTEIN: YES.

MR. REILLY: IS THERE A POSSIBILITY THAT THAT MAY NOT

HAPPEN?

MS. WEINSTEIN: WE DO NOT BELIEVE SO.

MR. REILLY: IS THERE ANYTHING THAT CAN GUARANTEE

THAT?

MS. WEINSTEIN: THE LETTER OF THE LAW WILL BE CLEAR

THAT THE -- THE CHAIR OF THE PEP SHOULD BE SELECTED BY ONE OF THESE

THREE, OR THE SCENARIO YOU DESCRIBED, ONE OF THESE NINE CANDIDATES THAT

WAS SUBMITTED TO THE MAYOR.

MR. REILLY: SO THE -- SO THE LEGISLATION IN THIS BILL

DOES NOT CLEARLY DEFINE IF WE DO COME TO A ROADBLOCK AFTER THAT THIRD

ATTEMPT AND THEY CAN'T BE -- AND THE MAYOR MAYBE REFUSES TO SELECT A

PERSON BECAUSE THEY DON'T THINK THEY'RE QUALIFIED ENOUGH FOR THEM?

MS. WEINSTEIN: CORRECT.

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MR. REILLY: OKAY. ALL RIGHT. SO I GUESS WE'LL BE

DISCUSSING THAT IN FUTURE YEARS.

MOVING ON TO BASEMENT DWELLINGS.

MS. WEINSTEIN: YES.

MR. REILLY: IN THAT -- IN THAT PIECE IT SAYS THAT

SOMEONE WHO RESIDED IN THE BASEMENT APARTMENT, THEY WOULD HAVE THE

-- THE RIGHT OF FIRST REFUSAL IF THAT BASEMENT APARTMENT FITS THE CRITERIA TO

BE MODERNIZED AND IT WOULD BE LEGALIZED. WOULD THE -- IF -- IF THE

RESIDENT MOVED OUT SIX MONTHS BEFORE THE OWNER DECIDED THAT THEY

WERE GOING TO CREATE THAT NEW LEGAL BASEMENT APARTMENT AND THEY

HAVEN'T LIVED THERE FOR SIX MONTHS BUT THEY WERE THE LAST TENANT, WOULD

THEY HAVE THE OPTION FOR THE RIGHT OF FIRST REFUSAL?

MS. WEINSTEIN: I DON'T BELIEVE SO. I BELIEVE IT

WOULD BE THE EXISTING TENANT.

MR. REILLY: SO HOW DO WE DOCUMENT THAT THAT IS

THE EXISTING TENANT? IS THAT DELINEATED IN THE LEGISLATION?

MS. WEINSTEIN: THE CURRENT -- CURRENT LAW

DESCRIBES AND DESIGNATES HOW YOU BECOME A TENANT AND WHO IS A

TENANT.

MR. REILLY: BUT THE CURRENT LAW DOESN'T ALLOW

LEGAL OCCUPANCY IN A ILLEGAL BASEMENT APARTMENT.

MS. WEINSTEIN: THAT -- THAT -- THAT'S CORRECT,

THOUGH THE TENANT COULD CLEARLY PROVE THAT THEY ARE, IN FACT, THE TENANT.

MR. REILLY: BUT IF NO ONE RESIDED THERE BEFORE THE

SIX MONTHS THAT THEY MOVED OUT -- AFTER THE SIX MONTHS THAT THEY

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MOVED OUT, WOULD THEY STILL BE CONSIDERED THAT LAST TENANT BECAUSE --

MS. WEINSTEIN: NO, THEY WOULD NOT HAVE A TENANT.

THEY WOULD -- BY MOVING OUT, THEY WOULD -- WILL -- WOULD HAVE BROKEN

THE TENANCY AGREEMENT, WHETHER IT -- THERE WAS A LEASE THAT EXPIRED OR

IF THEY WERE A MONTH-TO-MONTH TENANT THEN BY VACATING THE PREMISES,

THERE WAS -- THERE WOULD NO LONGER BE A TENANCY IN PLACE.

MR. REILLY: SO CURRENTLY, IF THEY ARE IN AN ILLEGAL

BASEMENT DWELLING, THEY WOULD BE CONSIDERED A LEGAL TENANT?

MS. WEINSTEIN: THEY, YOU KNOW, NOW -- THEY

WOULD MEET THE DEFINITION OF TENANT UNDER OUR -- OUR LAW IN THE -- IN

RELATION TO THIS PROVISION.

MR. REILLY: OKAY. I'LL MOVE ON. I THINK THAT WE'RE

GONNA HAVE TO HAVE SOME CLARITY IN THE FUTURE, I THINK, ON THAT.

I'M GONNA MOVE ON TO THE NEW YORK CITY SPEED LIMIT,

20 MILE PER HOUR ZONE.

MS. WEINSTEIN: SURE.

MR. REILLY: SO IN THIS LEGISLATION IT AUTHORIZES

NEW YORK CITY TO LOWER THE SPEED LIMIT TO 20 MILES PER HOUR. THERE

ARE SOME OTHER AREAS IN THIS LEGISLATION THAT WOULD ALLOW THEM TO

REDUCE IT TO 10 MILES AN HOUR IN DESIGNATED AREAS. SO THAT 10 MILE AN

HOUR DESIGNATED AREA, IS THERE A DEFINITION OF WHAT THAT DESIGNATED AREA

WOULD BE IN THIS LEGISLATION?

MS. WEINSTEIN: IT'S A STREET WHERE TRAFFIC CALMING

MEASURES ARE GOING TO BE USED, AND I'M SURE YOU'RE -- AS A FELLOW NEW

YORKER YOU'RE FAMILIAR WITH CURRENTLY BY A NUMBER OF SCHOOLS IN

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PARTICULAR, THERE ARE REDUCED SPEED LIMITS. SO I BELIEVE THAT THAT IS --

THAT IS SOME OF WHERE IT WOULD BE ANTICIPATED THAT THOSE REDUCED LIMITS

MIGHT BE REDUCED FURTHER.

MR. REILLY: OKAY. SO -- SO CURRENTLY IN THIS

LEGISLATION IT'LL SAY THAT SCHOOL SPEED ZONES CAN'T BE LOWER THAN 15

MILES PER HOUR. THAT'S WHY I DIDN'T MENTION THOSE, BECAUSE I KNEW THAT

WAS ALREADY STANDARD. I THINK WHAT YOU MAY BE REFERRING TO ARE THOSE

NEIGHBORHOOD SLOW ZONES, WHICH WERE A PILOT PROGRAM AND THEY WERE

ABLE TO BE REDUCED TO 20 MILES PER HOUR WITH SPEED BUMPS.

MS. WEINSTEIN: YES.

MR. REILLY: SO THIS WOULD ALLOW THAT NOW THOSE

NEIGHBORHOOD -- NEIGHBORHOOD SLOW ZONES TO BE LOWERED TO 10 MILES

PER HOUR; IS THAT WHAT YOU'RE INDICATING?

MS. WEINSTEIN: YES.

MR. REILLY: OKAY. ALL RIGHT. IN THIS LEGISLATION, IT

ACTUALLY STATES THAT THE CITY CANNOT LOWER IT TO 20 -- 20 MILES PER HOUR,

IF THEY CHOOSE TO DO SO, OUTSIDE OF MANHATTAN. SO THE OTHER FOUR

BOROUGHS, IF IT'S ON A HIGHWAY, WHICH IS KNOWN AS A STREET, IN A STREET IN

THE FOUR BOROUGHS WITH THREE LANES OF TRAFFIC GOING THE SAME DIRECTION;

IS THAT CORRECT?

MS. WEINSTEIN: IT'S VEHICLE TRAVEL LANES, THREE

TRAVEL LANES IN EACH DIRECTION.

MR. REILLY: SAME DIRECTION, CORRECT?

MS. WEINSTEIN: RIGHT, OUTSIDE OF MANHATTAN.

MR. REILLY: OKAY. SO A QUESTION I HAVE FOR

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CLARIFICATION, SO A ZONE LIKE -- A STREET LIKE HIGHLAND BOULEVARD IN

STATEN ISLAND, THREE LANES IN EACH DIRECTION, BUT ONE OF THOSE DIRECTIONS

IS A DESIGNATED BUS LANE ONLY. WOULD THAT BUS LANE BE DED -- BE

DESIGNATED AS A TRAVEL LANE EVEN THOUGH MOST TRAVELERS ARE RESTRICTED

FROM USING THOSE VEHICLES DURING CERTAIN TIMES, AND IF IT'S AN

OFF-SIDEWALK, MIDDLE OF THE LANE BUS LANE, THEN THEY WOULD BE

PROHIBITED AT ALL TIMES.

MS. WEINSTEIN: YES. THE ANSWER -- JUST TO RESTATE

WHAT YOU SAID, THREE LANE -- THREE VEHICULAR LANES IN ONE DIRECTION -- IN

EACH DIRECTION, RIGHT.

MR. REILLY: SO THE BUS LANE UNDER THIS LEGISLATION

WOULD ALLOW FOR TRAVELING IN THE BUS LANE, BUT ONLY RESTRICTED TO BUSES

STILL WOULD CONSIDER IT A TRAVEL LANE EVEN THOUGH THE GENERAL PUBLIC IS

NOT ALLOWED TO DRIVE IN THAT LANE?

MS. WEINSTEIN: YES, THAT IS WHAT I AM INFORMED.

AND AS YOU KNOW, SOME OF THE BUS LANES ARE -- HAVE HOUR RESTRICTIONS

SO THAT THERE ARE TIMES THAT MOTORISTS -- INDIVIDUAL MOTORISTS CAN DRIVE

IN THOSE LANES.

MR. REILLY: OKAY. SO THOSE -- SO THAT -- LIKE --

LIKE I MENTIONED EARLIER, SO THAT BUS LANE THAT'S NEXT TO THE SIDEWALK

WOULD BE CERTAIN HOURS, BUT THE ONE THAT'S OFFSET IN LIKE A MIDDLE LANE

THAT'S A BUS LANE, SAY ON RICHMOND AVENUE IN -- IN THE BOROUGH OF

STATEN ISLAND, WOULD THAT LANE COUNT AS A TRAVEL LANE?

MS. WEINSTEIN: IT -- IT'S -- IT'S THREE VEHICULAR

TRAVEL LANES IN THE SAME DIRECTION. AND NOT BEING SO FAMILIAR WITH

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SOME OF THE ROADS IN STATEN ISLAND, NOT THE ROAD THAT YOU DESCRIBED, I

BELIEVE THE ANSWER IS YES, THAT IT WOULD BE EXEMPT.

MR. REILLY: OKAY. SO IN THIS LEGISLATION IT

ACTUALLY STATES THAT IT WOULD HAVE TO BE CHANGED TO 20 MILES PER HOUR

USING A LOCAL -- LOCAL LAW. SO DOES THAT MEAN THAT THE NEW YORK CITY

COUNCIL WOULD HAVE TO PASS LEGISLATION?

MS. WEINSTEIN: YES.

MR. REILLY: AND THE MAYOR WOULD HAVE TO SIGN IT?

MS. WEINSTEIN: YES.

MR. REILLY: AND --

MS. WEINSTEIN: UNLESS THEY WOULD OVERRIDE A

VETO.

MR. REILLY: OKAY. SO THE COMMUNITY BOARD

WOULD HAVE ADVISORY INPUT?

MS. WEINSTEIN: CORRECT.

MR. REILLY: SO BASICALLY, THANKS FOR STOPPING BY,

WE APPRECIATE YOUR OPINION, RIGHT? OKAY.

MS. WEINSTEIN: SO SIMILAR TO THE ADVISORY

OPINION ROLE THEY HAVE IN OTHER INSTANCES.

MR. REILLY: SO DOES THIS ALLOW FOR A NEW YORK

CITY COUNCIL -- FOR THE (INAUDIBLE) OF THE NEW YORK CITY COUNCIL TO DO

ONE BLANKET LAW TO REDUCE THE SPEED LIMIT ON ALL STREETS OUTSIDE OF

MANHATTAN TO 20 MILES PER HOUR?

MS. WEINSTEIN: IT -- IT DOES ALLOW THEM TO ENACT A

LOCAL LAW THAT WOULD MAKE 20 MILES AN HOUR THE DEFAULT SPEED LIMIT

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THROUGHOUT THE CITY OF NEW YORK.

MR. REILLY: IS THERE ANYTHING IN THE LEGISLATION

THAT WOULD ALLOW INDIVIDUAL NEW YORK CITY COUNCIL MEMBERS TO

DISCUSS AREAS IN THEIR DISTRICT AND CARVE IT OUT?

MS. WEINSTEIN: THERE CERTAINLY WOULD BE

OPPORTUNITY DURING THE NORMAL CITY COUNCIL PROCESS FOR MEMBERS TO

DESCRIBE BOTH THE POSITIONS OF THE COMMUNITY BOARDS THAT COVER PARTS

OF THEIR COUNCIL DISTRICTS AND OWN OPINIONS ABOUT INDIVIDUAL

COMMUNITIES -- INDIVIDUAL ROADS, BUT THERE IS NOT A PROVISION TO CARVE

OUT INDIVIDUAL SECTIONS OF ROADS BEYOND THE THREE MILE -- THE THREE

LANES IN EACH DIRECTION.

MR. REILLY: OKAY, THANK YOU.

MOVING ON TO THE TOLL ENFORCEMENT. SO, LOOKING AT THE

TOLL ENFORCEMENT, THE LEGISLATION, ONE PIECE THAT SPECIFICALLY STICKS OUT

TO ME IS ALLOWING POLICE OFFICERS OR LAW ENFORCEMENT TO REMOVE LICENSE

PLATE COVERS WITHOUT ISSUING A SUMMONS. SO, IS THAT ACCURATE?

MS. WEINSTEIN: MY UNDERSTANDING IT'S SORT OF LIKE

A FIX-IT TICKET WHERE THEY CAN ASK THE DRIVER TO REMOVE THE ILLEGAL

LICENSE PLATE -- THAT LICENSE -- OR THAT LICENSE COVER, AND IF THEY DO SO

THEY WOULD NOT BE ISSUED A TICKET.

MR. REILLY: ALL RIGHT, THANK YOU. THANK YOU,

MADAM CHAIR.

ON THE BILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. REILLY: SO JUST TO BE -- JUST TO NOTE, I THINK

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WE'RE GONNA HAVE AN ISSUE WITH MAYORAL CONTROL IF A SELECTION CANNOT

BE MADE AFTER THOSE THREE ROUNDS. OBVIOUSLY, WE'VE NOTED TODAY THAT

THERE IS SOME LITTLE ISSUE THERE THAT'S GONNA HAVE TO BE ADDRESSED.

BASEMENT DWELLINGS, DISCUSSED THAT. SPEED LIMIT, JUST REMEMBER,

SPEED CAMERAS WILL NOW BE ABLE TO BE ISSUED AT 31 MILES PER HOUR. I

THINK WE CAN WALK FASTER THAN WE CAN GET AROUND AT THAT POINT. AND WE

WON'T BE ISSUING SUMMONS TO THOSE ELECTRIC SCOOTERS THAT ARE GOING

AROUND THAT ACTUALLY GO AT 40 MILES PER HOUR, MORE THAN A CAR WILL.

AND LET ME TELL YOU, WHEN YOU TRY AND USE 10 MILES AN HOUR IN A ZONE

OR 20 MILES AN HOUR IN A ZONE, BE PREPARED TO PAY FOR MORE BRAKE PADS

BECAUSE THAT'S WHAT YOU'RE GONNA BE PAYING BECAUSE IT'S GONNA HAVE TO

SLOW YOU DOWN.

WHEN IT COMES TO THE TOLL ENFORCEMENT, WE'RE GOING

DOWN A VERY SLIPPERY SLOPE. IN THIS LEGISLATION YOU'RE ALLOWING POLICE

OFFICERS TO REMOVE THINGS FROM A VEHICLE WITHOUT ISSUING AN ACCUSATORY

INSTRUMENT. WE TALK ABOUT THE PUBLIC BEING TREATED -- WHEN YOU ALLOW

THAT TO HAPPEN, I GUARANTEE YOUR CIVILIAN COMPLAINTS ARE GONNA GO

THROUGH THE ROOF. AND WHEN YOU'RE DISCUSSING IT HERE AND NEXT YEAR,

TWO YEARS FROM NOW WHEN THEY DO THIS, AND YOU STAND UP HERE AND YOU

TRY AND DO RENT REVISIONS BECAUSE OF COMPLAINTS TO POLICE OFFICERS, THIS

IS PART OF IT.

ONCE AGAIN, WE PUT THINGS ON PAPER THAT WE DON'T

TRULY THINK ABOUT HOW THEY WILL BE IN PLACE IN THE STREET AND IN THE

COURTROOM. ALL THE THINGS I TALKED ABOUT TODAY ARE THINGS THAT ARE

GOING TO COME UP, MARK MY WORDS. WE WILL BE MAKING AN AMENDMENT

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TO THIS AT SOME POINT, AND I HOPE THAT THE GOVERNOR'S LISTENING BECAUSE

MAYBE THAT'S WHAT HAS TO BE DONE. BECAUSE THAT'S THE ONLY WAY THAT

YOU'RE REALLY GOING TO MAKE SOME REAL CHANGES HERE. AND JUST TO BE

CLEAR, YOU'RE TALKING ABOUT REMOVING A PIECE OF PROPERTY FROM

SOMEONE'S VEHICLE WITHOUT GIVING THEM THEIR DAY IN COURT.

ACTING SPEAKER AUBRY: MR. REILLY --

MR. REILLY: WHAT COMMUNITIES DO YOU THINK ARE

GOING TO BE IMPACTED BY THIS THE MOST? REMEMBER THAT.

ACTING SPEAKER AUBRY: MR. REILLY.

MR. REILLY: THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. SLATER.

MR. SLATER: THANK YOU, MR. SPEAKER. WILL THE

CHAIR YIELD FOR SOME QUESTIONS THIS AFTERNOON?

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

MR. SLATER: GOOD AFTERNOON, MADAM CHAIR. I

HOPE YOU'RE HAVING A GOOD START TO THE DAY HERE AS WE COME DOWN TO

THE END OF THIS BUDGET PROCESS. I HAVE SOME QUESTIONS REGARDING THE

GOOD CAUSE PROVISIONS --

MS. WEINSTEIN: SURE.

MR. SLATER: -- THAT ARE BEING PROPOSED HERE, AND I

APPRECIATE SOME TIME TALKING ABOUT THIS. I THINK IT'S IMPORTANT TO NOTE

AS WE START, YOU KNOW, LOCAL CONTROL IS SOMETHING THAT I BELIEVE VERY

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FIRMLY IN AND SO I'M VERY HAPPY TO SEE IT'S AN OPT-IN PROVISION IN -- IN

THIS REGARD. BUT CAN YOU TELL ME WHY IT'S BEING PROPOSED AS AN OPT-IN

AND NOT AN OPT-OUT?

MS. WEINSTEIN: WE REALLY WANTED TO MAKE IT A

LOCALITY CHOICE SO THAT THEY AFFIRMATIVELY TAKE A POSITION AND WANT TO

BE PART OF THE GOOD CAUSE EVICTION PROTECTIONS FOR THEIR RESIDENTS.

MR. SLATER: FANTASTIC, I APPRECIATE THAT. AND IN

ORDER FOR A MUNICIPALITY TO OPT-IN, ARE THERE ANY REQUIREMENTS FOR THAT

MUNICIPALITY TO COMPLY WITH, SUCH AS A VACANCY SURVEY?

MS. WEINSTEIN: NO, THERE ARE NOT.

MR. SLATER: AND SO I KNOW THAT WE'VE TALKED

ABOUT VACANCY SURVEYS IN THE PAST, BUT JUST TO MAKE SURE I'M CLEAR, SO

WE ARE NOT REQUIRING MUNICIPALITIES TO ESTABLISH THE FACT THAT THERE IS A

HOUSING NEED IN THEIR INDIVIDUAL COMMUNITY IN ORDER TO OPT-IN?

MS. WEINSTEIN: THERE IS NO -- NO REQUIREMENT.

MR. SLATER: UNDERSTOOD. REGARDING THE LOCAL

RENT STANDARD, DOES A MUNICIPALITY THAT OPTS IN, ARE THEY REQUIRED TO

PERFORM A MEANS TEST?

MS. WEINSTEIN: NO.

MR. SLATER: NO MEANS TEST. ONCE A LOCAL RENT

STANDARD IS ESTABLISHED, CAN THE MUNICIPALITY CHANGE THAT LEVEL AT ANY

POINT IN TIME, OR IS IT LOCKED IN FOR 12 MONTHS, 24 MONTHS?

MS. WEINSTEIN: THE STANDARD IS THE 5 PERCENT PLUS

CPI, NO MORE THAN 10 PERCENT. SO THOSE AMOUNTS COULD CHANGE BASED

ON THE CPI CHANGE, BUT THE PERCENTAGE IS --

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MR. SLATER: SO IT'S NOT UP TO THE INDIVIDUAL

MUNICIPALITY TO SET THOSE RATES BASED ON THEIR PARTICULAR COMMUNITY?

MS. WEINSTEIN: NO, BUT THEY CAN SET AT WHAT POINT

-- WHAT RENTAL POINT GOOD CAUSE DOESN'T APPLY TO. SO IN -- IN NEW

YORK, I MENTIONED THE EXEMPTION OF LUXURY UNITS, THAT THE LOCALITY CAN

DECIDE WHAT THE DOLLAR AMOUNT OF A LUXURY UNIT THAT WOULD BE EXCLUDED

IS IN THEIR LOCALITY.

MR. SLATER: SO THEN THEY HAVE THE FLEXIBILITY

WHEN IT COMES TO LUXURY, BUT NOT THE FLEXIBILITY WHEN IT COMES TO THE

OTHER MEASURES THAT YOU PROVIDED; IS THAT -- IS THAT CORRECT? THE 10

PERCENT OR THE 5 PERCENT OF THE -- OF THE CURRENT MONTHLY RATE PLUS THE

CPI?

MS. WEINSTEIN: THEY CAN -- CORRECT ABOUT THE

PERCENTAGE INCREASE OF RENT. I MEAN, THEY CAN ALSO A -- THE PROVISION IN

NEW YORK CITY FOR SMALL -- TO EXEMPT SMALL LANDLORDS WHO OWN NO

MORE THAN TEN UNITS CAN BE ALSO ADJUSTED, OR -- OR OCCUPY -- OWNER-

OCCUPIED CAN ALSO BE ADJUSTED BY LOCAL LAW.

MR. SLATER: SO WHILE WE'RE SAYING IT'S LOCALLY

CONTROLLED SINCE THE MUNICIPALITY OUTSIDE OF NEW YORK CITY OPTS IN, IT'S

REALLY NOT LOCALLY CONTROLLED WITH REGARDS TO THE 10 PERCENT OR THE 5

PERCENT PLUS THE CONSUMER INDEX [SIC], CORRECT?

MS. WEINSTEIN: RIGHT, CORRECT. ONCE THEY OPT IN,

THEY -- THE AMOUNT OF INCREASE IN RENT IS CONTROLLED BY THE STATUTE.

THEY CONTROL THE NUMBER OF SMALL UNITS, WHAT THEY CONSIDER A SMALL

HOMEOWNER, AND THEY CAN CONTROL WHAT THE RENT THRESHOLD IS THAT IS

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ABOVE THE GOOD CAUSE EVICTION PROCEEDING -- PROVISIONS.

MR. SLATER: I UNDERSTAND. WHAT HAPPENS IF YOU

START SEEING A CHECKERBOARD ACROSS COUNTIES OF MUNICIPALITIES THAT OPT

IN WHILE OTHER MUNICIPALITIES DON'T? WHAT IS THE ANTICIPATED IMPACT ON

A SITUATION LIKE THAT?

MS. WEINSTEIN: EACH MUNICIPALITY CAN COME UP

WITH THEIR -- CAN DECIDE TO PARTICIPATE, IT CAN BE BASED ON HOUSING

AVAILABILITY, AFFORDABILITY IN THEIR PARTICULAR COMMUNITY. IT IS -- AND --

AND JUST TO CLARIFY, COUNTIES CANNOT OPT IN, IT'S JUST THE MUNICIPALITIES.

MR. SLATER: CORRECT, IT'S JUST THE INDIVIDUAL

MUNICIPALITIES.

MS. WEINSTEIN: YES.

MR. SLATER: NOW, I JUST WANT TO GO BACK TO THE

LOCAL CONTROL ASPECT BECAUSE I'M STILL, I GUESS, CONFUSED ON SOME OF THE

THINGS THAT WE DISCUSSED, THEN. SO IF -- IF TWO MUNICIPALITIES OPT IN,

THEY'RE OPTING INTO THE STATE LEVELS, CORRECT? THAT'S WHAT WE

ESTABLISHED JUST BEFORE, THEY'RE OPTING INTO STATE LEVELS ON THE --

MS. WEINSTEIN: THE ONLY PART OF STATE LEVELS

THEY'RE OPTING INTO IS THE PERCENTAGE INCREASE IN RENT THAT IS CONSIDERED

REASONABLE.

MR. SLATER: AND THEN SO WHERE -- WHERE WOULD

THEIR CONTROL COME IN?

MS. WEINSTEIN: I'M SORRY?

MR. SLATER: AGAIN, IF YOU HAVE TWO

MUNICIPALITIES THAT OPT IN.

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MS. WEINSTEIN: CORRECT.

MR. SLATER: SO WHAT WOULD THE POTENTIAL CONFLICT

BE IN HOW THEY SET THEIR RATES? BECAUSE YOU'RE SAYING, AGAIN, THAT

WE'RE -- WE'RE IN LINE WITH THE -- WITH THE STATE STATUTE. SO WHERE IS THE

LOCAL CONTROL?

MS. WEINSTEIN: THE LOCAL CONTROL IS WHAT IS

CONSIDERED -- WHAT -- WHAT RENTAL LEVEL IS CONSIDERED TO BE SUBJECT --

WHICH WILL -- WHICH WILL BE CONSIDERED SUBJECT TO THE GOOD CAUSE

EVICTION PROVISIONS. SO ONE COMMUNITY MAY DECIDE THAT THIS -- THE

LEVELS IN THE EXEMPT UNITS IN NEW YORK CITY, WHICH IS CONSIDERED

LUXURY AT 200 -- AT 60 -- AT 6,000-PLUS, ONE COMMUNITY MAY DECIDE THAT

3,000 IS THEIR -- BASED ON HOUSING STOCK AND AVAILABILITY THAT ONLY

RENTAL UNITS THAT ARE MONTHLY RENTS OF 6 -- OF 3,000 OR LESS SHOULD BE

PROTECTED, AND THE NEIGHBORING MUNICIPALITY MAY DECIDE THAT BASED ON

HOUSING COSTS AND PRICES AND -- AND AVAILABILITY THAT RENTS UP TO --

TENANTS UP TO $5,000 --

MR. SLATER: OKAY.

MS. WEINSTEIN: -- SHOULD BE PROTECTED. YOU

KNOW, THE -- THE WHOLE NOTION OF OPTING IN IS REALLY THE BIG PART OF -- OF

LOCAL CONTROL. SO THE CONTROL IS OVER WHAT -- FIRST TO OPT IN, AND THEN

WHAT LEVEL OF RENTAL COSTS FOR TENANTS, WHAT TENANTS NEED TO RECEIVE THIS

ADDITIONAL PROTECTION AT A TIME OF RENEWAL.

MR. SLATER: UNDERSTOOD. AND I APPRECIATE THAT. I

WANT TO JUST MAKE SURE THAT WHEN WE'RE TALKING ABOUT LOCAL CONTROL,

THERE ACTUALLY IS SOME SEMBLANCE OF LOCAL CONTROL. WHAT ABOUT IN A

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SITUATION WHERE WE HAVE A VILLAGE LOCATED WITHIN A MUNICIPALITY, AND

THE VILLAGE OPTS IN AND THE MUNICIPALITY DOES NOT. HOW DOES THAT GET

MANAGED? OR A TOWN? SO THE VILLAGE OPTS IN, THE TOWN DOES NOT.

MS. WEINSTEIN: THEN THAT'S OKAY, BUT NOT THE

OTHER WAY AROUND.

MR. SLATER: SO THEN A TOWN -- YOU WOULDN'T BE

ABLE TO HAVE A TOWN OPT IN AND A VILLAGE SAY NO?

MS. WEINSTEIN: OH, WAIT.

(PAUSE)

SO IF THE VILLAGE ADOPTS ITS OWN LAW, THE VILLAGE LAW

WOULD APPLY. IF THE TOWN -- IF THE TOWN HADN'T ADOPTED A LAW, THE TOWN

ADOPTS A LAW THAT IS THEN CONTROLLING.

MR. SLATER: SO THE VILLAGE CAN OPT IN ON ITS OWN,

THE TOWN CAN SAY -- THE TOWN SAYS NO, BUT IF THE TOWN OPTS IN THE VILLAGE

IS STUCK. SO AREN'T WE TAKING AWAY LOCAL CONTROL FROM THE VILLAGE IN

THAT ASPECT?

MS. WEINSTEIN: THEY -- BUT THE VILLAGE COULD --

THE VILLAGE COULD ENACT A LOCAL LAW TO COME OUT OF THE GOOD CAUSE

TOWN PROTECTION.

MR. SLATER: SO THEY CAN REMOVE THEMSELVES FROM

THE TOWN'S OPT IN OF THE GOOD CAUSE PROVISIONS THAT WE'RE DISCUSSING

HERE?

MS. WEINSTEIN: YES, I AM INFORMED THEY CAN.

MR. SLATER: OKAY, THANK YOU. NOW, WHAT

HAPPENS IF A MUNICIPALITY OPTS IN, AND TIME GOES BY AND THEY DECIDE

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THAT THEY WANT TO OPT OUT? ARE THEY ABLE TO REPEAL THE LAW?

MS. WEINSTEIN: YES.

MR. SLATER: FANTASTIC. AND I'M JUST GONNA

CONTINUE TO JUST FOCUS ON THE LOCAL GOVERNMENT ASPECT HERE A LITTLE BIT

LONGER. WE DO HAVE VILLAGES THAT DON'T HAVE THEIR OWN VILLAGE COURTS

AND THEY RELY ON TOWN COURTS TO ADJUDICATE THEIR CASES. SO ONCE AGAIN

GOING BACK TO THE SCENARIO WHERE A VILLAGE OPTS IN, A TOWN DOES NOT, IS

THE TOWN COURT STILL EXPECTED TO ADJUDICATE THOSE CASES?

MS. WEINSTEIN: YES.

MR. SLATER: AND IS THERE ANY FUNDING THAT'S BEING

PROPOSED ALONG WITH THESE MEASURES TO SUPPORT THE TOWN COURTS THAT

ARE GONNA BE SEEING AN INCREASE, POTENTIALLY, OF CASES SO WE CAN AVOID

SOME OF THE BACKLOG THAT WE SEE DOWN IN THE CITY?

MS. WEINSTEIN: NO, THERE IS NOT.

MR. SLATER: IF WE CAN FOCUS A LITTLE BIT ON THE IAI.

MS. WEINSTEIN: SURE.

MR. SLATER: THE $30,000 LEVEL, WHERE DID THAT

COME FROM? HOW DID WE DECIDE THAT $30,000 IS THE RIGHT NUMBER?

MS. WEINSTEIN: WE LOOKED AT COSTS OF

MAINTENANCE AND IT WAS A DOUBLING OF THE AMOUNT THAT WAS IN --

ESTABLISHED IN 2019.

MR. SLATER: RIGHT.

MS. WEINSTEIN: WHICH PROVED TO BE INADEQUATE

BASED ON THE FACTS FROM -- CONVERSATIONS WE'VE -- WE'VE HAD AND HEARD

FROM INDIVIDUAL LANDLORDS.

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MR. SLATER: AND WE'RE SURE THAT THE 30,000 LEVEL

IS NOW THE ADEQUATE LEVEL?

MS. WEINSTEIN: WELL, AS YOU KNOW, THAT IT -- THE

LEGISLATION ALSO PROVIDES AN ABILITY FOR AN OWNER TO CLAIM AN IAI

BETWEEN 30,000 AND 50,000 BASED ON CERTAIN CRITERIA.

MR. SLATER: RIGHT. BUT AGAIN, THOUGH, I JUST WANT

TO MAKE SURE THAT WE'RE -- WE'RE CERTAIN WHEN WE'RE SETTING THESE LEVELS

THAT THESE ARE THE LEVELS THAT WE FEEL ARE ADEQUATE ENOUGH TO RENOVATE

THESE UNITS?

MS. WEINSTEIN: AS OF TODAY, YES.

MR. SLATER: OKAY. CAN WE TALK ABOUT THE

OVERCHARGE DETERMINATION WHICH DISQUALIFIES PROPERTY OWNERS FROM THE

IAI? ONE OF THE QUESTIONS THAT I'M JUST WONDERING IS, WHEN WE'RE

TALKING ABOUT THAT PARTICULAR PROVISION, DOES THAT APPLY TO AN

OVERCHARGE WITHIN THE SPECIFIC BUILDING? IS IT WITHIN THE ENTIRE

PORTFOLIO OF A -- OF A PROPERTY OWNER? IS IT -- WHAT HAPPENS IF THEY

HAVE MULTIPLE LLCS? I JUST WANT TO TRY TO GET MY HANDS AROUND THAT AS

WELL, PLEASE.

MS. WEINSTEIN: YES, THE ANSWER IS THAT IT IS NOT

SPECIFIC TO THAT BUILDING, IT'S ANY DETERMINATION OR OVERCHARGE OR GUILTY

OF HARASSMENT OF TENANTS WITHIN THE PAST FIVE YEARS IN ANY PROPERTIES

THAT THEY HAVE AN OWNERSHIP INTEREST IN.

MR. SLATER: AND THOSE OVERCHARGE COSTS, I'VE

HEARD ANECDOTALLY FROM PROPERTY OWNERS WHO SAY THAT THEIR OVERCHARGE

COSTS CAN BE ANYTHING FROM A REFRIGERATOR CHARGE TO SOMETHING ELSE.

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ARE WE ABLE TO QUANTIFY OR ARE WE LOOKING AT WHAT THOSE OVERCHARGE

COSTS ARE TO MAKE SURE THAT IT'S NOT A, WE'LL CALL IT A MISCELLANEOUS

OVERCHARGE AND NOT JUST -- OBVIOUSLY, I UNDERSTAND A RENT OVERCHARGE,

BUT IF WE'RE TALKING SOMETHING LESS SUBSTANTIVE.

MS. WEINSTEIN: THIS REFERS TO BEING CHARGED OVER

THE LEGAL RENT, SO I DON'T THINK A REFRIGERATOR COMING IN AT -- AT THE

WRONG DOLLAR AMOUNT WOULD RELATE TO THIS DETERMINATION.

MR. SLATER: FANTASTIC. I APPRECIATE THAT, AND I

APPRECIATE YOUR TIME, AS ALWAYS, AND I APPRECIATE YOU ANSWERING MY

QUESTIONS. THANK YOU VERY MUCH, MR. SPEAKER.

ACTING SPEAKER ZACCARO: MR.

BLUMENCRANZ.

MR. BLUMENCRANZ: THANK YOU. WILL THE

CHAIRWOMAN FOR SOME QUESTIONS, PLEASE?

MS. WEINSTEIN: YES.

ACTING SPEAKER ZACCARO: THE SPONSOR

YIELDS.

MR. BLUMENCRANZ: SO, CHAIRWOMAN, I'M GONNA

ASK MY QUESTIONS FIRST REGARDING THE AFFORDABLE HOUSING DISCRIMINATION

PROVISIONS IN PART BB, SECTION 1.

MS. WEINSTEIN: SURE.

MR. BLUMENCRANZ: SO WITH REGARDS TO THE

CHANGES IN UNDERWRITING AND RATING THAT ARE WITHIN THE PROVISION, HOW

WOULD YOU SAY -- SO IN THE INSURANCE BUSINESS WHEN YOU'RE WRITING A --

A MULTI-FAMILY DWELLING LIKE THIS, YOU'D GO TO A FEW INSURERS WHO

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INSURE THIS CLASS OF BUSINESS, RIGHT? SO THERE ARE OTHER INSURERS WHO DO

NOT CATEGORICALLY INSURE ANYTHING BUT SPECIFIC TYPES OF HOUSING,

SPECIFIC TYPES OF BUILDINGS. SO FOR INSTANCE, I HAVE A INSURER THAT I

WORK WITH WHO ONLY WRITES MOBILE HOME PARKS. NOW, UNDER THIS

PROVISION, WILL THEY HAVE TO COMPLY IF I SEND A SUBMISSION TO THEM AND

THEY WRITE ME BACK, I DON'T WRITE THIS CLASS OF BUSINESS. ARE THEY

BREAKING NEW YORK STATE LAW IF THIS PASSES?

MS. WEINSTEIN: I DO NOT BELIEVE SO. IT HAS TO BE --

IT PROHIBITS THE INSURERS -- IT -- THIS IS RELATING TO BUILDINGS AND WHETHER

THEY CONTAIN RENT -- THEY CANNOT ASK WHETHER THEY --

MR. BLUMENCRANZ: YES, SORRY. JUST TO -- WHAT

IT DOES SAY IS AN INSURER THAT ISSUES OR DELIVERS IN THIS STATE A POLICY OR

INSURANCE COVERING LOSS OR DAMAGE TO REAL PROPERTY OF RESIDENTIAL

PURPOSES OR LEGAL LIABILITY NOR CANNOT DISCRIMINATE BASED ON A CANCEL OR

REFUSE TO ISSUE OR RENEW OR INCREASE PREMIUM BASED ON ALL THE

PROVISIONS PROVIDED. SO IF THAT'S THE CASE AND I ASK THEM TO INSURE A

PIECE OF PROPERTY AND THEY DO NOT WRITE THIS CLASS OF HOUSING, WILL THEY

BE REQUIRED TO WRITE THIS CLASS OF HOUSING NOW?

MS. WEINSTEIN: I DON'T BELIEVE IF THEY DON'T INSURE

THAT CLASS -- THIS CLASS OF PROPERTY THAT THEY WOULD HAVE TO FOLLOW THESE

PROVISIONS.

MR. BLUMENCRANZ: WHY NOT? IT SAYS IF YOU

INSURE REAL PROPERTY IN NEW YORK STATE, YOU ARE REQUIRED NOT TO DENY

COVERAGE AND NOT TO DENY WRITING THE -- THE BUSINESS IF YOU DON'T WANT

TO, OR IF YOU DON'T FEEL LIKE IT FITS WITHIN YOUR UNDERWRITING GUIDELINES.

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MS. WEINSTEIN: YOU KNOW, I WOULD SAY THAT WE

DON'T REALLY READ IT THAT WAY BUT IF, IN FACT, THEY WERE TO INSURE THESE

PROPERTIES, IT COULDN'T BE BASED ON THE FACT THAT THE OWNER OR TENANT

RECEIVED GOVERNMENT HOUSING SUBSIDIES.

MR. BLUMENCRANZ: SO IF I WRITE MULTI-FAMILY

DWELLINGS THAT INCLUDE AFFORDABLE HOUSING, I CAN CONTINUE TO DO SO, BUT

IT DOES NOT REQUIRE INSURERS WHO DO NOT WRITE THIS CLASS OF BUSINESS,

BECAUSE THIS IS A CLASS OF BUSINESS THAT YOU WOULD CHECK THE BOX ON THE

FORM, RIGHT, THAT THIS -- THIS IS AN AFFORDABLE HOUSING BUILDING THAT HAS,

YOU KNOW, RENT-STABILIZED UNITS OR WHATEVER IT MAY BE, THEY WILL THEN

NO LONGER -- THEY WILL STILL BE ABLE TO WRITE, BUT PEOPLE WHO DON'T WRITE

THIS DON'T CONTINUE TO -- THEY CONTINUE TO NOT HAVE TO WRITE IT?

MS. WEINSTEIN: I -- I BELIEVE YOU ARE CORRECT.

MR. BLUMENCRANZ: OKAY. THEN I'M JUST -- I'M

TRYING TO FIGURE OUT WHAT THIS BILL DOES DO, THEN, RIGHT? BECAUSE IF IT'S

-- IT'S JUST REQUIRING THAT YOU CAN'T BE CANCELED BECAUSE IT'S AFFORDABLE?

MS. WEINSTEIN: WELL, NOT -- NOT JUST CANCELED, I

MEAN --

MR. BLUMENCRANZ: YOU'D HAVE TO WRITE IT,

RIGHT? YOU'D HAVE TO WRITE IT IF --

MS. WEINSTEIN: -- YOU ARE --

MR. BLUMENCRANZ: -- YOU CAN'T NOT WRITE IT

BECAUSE IT'S AFFORDABLE.

MS. WEINSTEIN: IF YOU INSURE THIS CLASS OF

HOUSING, YOU CAN'T THEN --

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MR. BLUMENCRANZ: CANCEL OR NON-RENEW, OR

SAY I DON'T WRITE THIS BECAUSE OF WHAT IT IS. BUT AN UNDERWRITING

GUIDELINE --

MS. WEINSTEIN: THE TYPE OF -- THE TYPE OF

HOUSING, BUT YOU -- YOU CANNOT ASK FOR THE DETAILS AS TO WHETHER THE

BUILDING HAS RENT-STABILIZED UNITS, WHETHER THE --

MR. BLUMENCRANZ: SO CAN I STILL ASK WHAT THE

RENT ROLL IS IN THE BUILDING? THAT'S REQUIRED, I WANT --

MS. WEINSTEIN: YES; YES, CERTAINLY.

MR. BLUMENCRANZ: -- TO SEE. OKAY, SO I CAN

SEE THAT THE -- ALL OF THE UNITS OR SOME OF THE UNITS ARE PAYING WAY

BELOW MARKET RATE. SO I CAN'T ASK IF IT'S AFFORDABLE, BUT I CAN SEE IT'S

AFFORDABLE.

MS. WEINSTEIN: THAT'S CORRECT.

MR. BLUMENCRANZ: YEAH, OKAY. SO I'M JUST,

AGAIN, TRYING TO NAVIGATE WHAT THIS PROVISION DOES BESIDES SOUND GOOD.

SO I'M MOVING ON. GOOD CAUSE EVICTION.

MS. WEINSTEIN: YES.

MR. BLUMENCRANZ: SO UNDER -- DOES GOOD

CAUSE EVICTION INTERFERE WITH THE OBLIGATION OF A CONTRACT, SUCH AS A

RENTAL LEASE?

MS. WEINSTEIN: DO YOU WANT TO -- SAY -- SAY THAT

AGAIN? I'M SORRY, MR. --

MR. BLUMENCRANZ: DOES IT INTERFERE WITH THE

OBLIGATION OF A CONTRACT SUCH AS A RENTAL LEASE?

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MS. WEINSTEIN: THIS WOULD BE PART OF THE LEASE AT

-- AT THE TIME OF A RENEWAL OR AN INITIAL LEASE.

MR. BLUMENCRANZ: OKAY. SO DOES GOOD CAUSE

EVICTION LAW UNDER THIS BUDGET PROVISION CONFER A RIGHT TO PERPETUAL

OCCUPANCY? SO A LIFELONG LEASE, ESSENTIALLY. YOU'RE REQUIRED TO

CONTINUE SO LONG AS THEY DON'T HAVE A, QUOTE, "GOOD CAUSE" UNDER THIS,

THEY ARE REQUIRED TO HAVE A LIFELONG, OR COULD HAVE A LIFELONG LEASE, A

PERPETUAL LEASE.

MS. WEINSTEIN: SUBJECT TO THE EXCEPTIONS FOR

WHAT GOOD CAUSE WOULD BE.

MR. BLUMENCRANZ: SO AT ITS CORE, DOES THE

GOOD CAUSE LAW REQUIRE THAT A PARTY TO AN EXPIRED CONTRACT OR LEASE

UNDER PENALTY OF LAW OFFER A CONTRACT LEASE AT A CAPPED RATE TO ANOTHER

PARTY?

MS. WEINSTEIN: YES.

MR. BLUMENCRANZ: SO BY MANDATING THESE

RENEWALS FOR -- ABSENT OF GOOD CAUSE, DOES THE GOOD CAUSE EVICTION

LAW VIOLATE THE CONTRACT CLAUSE OF THE UNITED STATES CONSTITUTION?

MS. WEINSTEIN: NO.

MR. BLUMENCRANZ: WHY NOT? IF ALL OF WHAT

YOU JUST STATED IS TRUE, THEN THERE'S A VERY GOOD FAITH ARGUMENT THAT IT

DOES.

MS. WEINSTEIN: YOU KNOW, WE'VE -- WE'VE DONE

THE CONTRACT CLAUSE ANALYSIS AND WE DO NOT BELIEVE SO. SIMILARLY, YOU

MAY RECALL THERE WERE CONSTITUTIONAL -- THERE WERE CHALLENGES TO THE

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2019 LAW THAT WE ENACTED AND THAT HAS BEEN UPHELD.

MR. BLUMENCRANZ: BUT DID THE 2019 LAW ALLOW

FOR LIFELONG CONTRACTS SO LONG AS THE -- I MEAN, YOU'RE DEFINING WHAT

CONTRACTS CAN AND CAN'T BE BROKEN BASED ON NEW YORK STATE LAW, I -- I

SEE THE ARGUMENT THERE.

MS. WEINSTEIN: WELL, YOU KNOW, OTHER STATES DO

HAVE GOOD CAUSE EVICTION LAWS AND THEY HAVE BEEN UPHELD AS --

MR. BLUMENCRANZ: SO SPEAKING OF OTHER STATES,

STATES LIKE IN MINNESOTA, IN I BELIEVE IT'S ST. -- ST. PAUL, THEY

IMPLEMENTED GOOD CAUSE TO THE EXTENT WE ORIGINALLY WANTED, BUT YOU

SAW, YOU KNOW, 80 PERCENT REDUCTIONS IN NEW DEVELOPMENT, YOU SAW

SEVERE INCREASES IN RENTS BECAUSE THERE'S NO NEW HOUSING STOCK. DO

YOU BELIEVE THAT THE CHANGES YOU'RE MAKING HERE, THE REMOVALS OF A LOT

OF THOSE PROVISIONS THAT WE ORIGINALLY WANTED THAT THEY IMPLEMENTED

WILL NOT CAUSE THAT TO HAPPEN HERE IN NEW YORK STATE?

MS. WEINSTEIN: NO, BUT I -- I WOULD JUST CLARIFY,

I'M TOLD THAT THE LAW THAT YOU REFER TO WAS AN ESTABLISHMENT OF A RENT

STABILIZATION PROGRAM, NOT A -- A GOOD CAUSE EVICTION PROTECTION --

TENANT PROTECTION PROGRAM.

MR. BLUMENCRANZ: YEAH, IT JUST DID THE SAME

THING WITH A DIFFERENT NAME, BUT... OKAY.

SO I'M MOVING ON TO SECTION 13(B), THE -- THE SCHOOL

EMISSION RESOURCE CENTER. SO WITH REGARDS TO THE RESOURCE CENTER, SO

DOES THE APPARENT NEED FOR THIS RESOURCE CENTER IN THE FIRST PLACE SEEM

LIKE A -- A VALIDATION THAT THERE ARE SOME SERIOUS CONCERNS WITH THE

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PROGRAM? IF SCHOOLS FEEL LIKE THEY NEED A HOTLINE TO CALL, THAT THEY

DON'T UNDERSTAND HOW THESE LAWS SHOULD BE INTERPRETED AND HOW MANY

MILLIONS OF DOLLARS THEY SHOULD BE SPENDING THAT THERE -- THERE SHOULD

BE A NEED FOR A DELAY IN A PROGRAM LIKE THIS?

MS. WEINSTEIN: THIS -- THIS IS REALLY JUST HELPING

-- JUST MAKING SURE THAT THE STATE RESOURCES CAN BE BROUGHT TO BEAR

ON --

MR. BLUMENCRANZ: SO THE STATE RESOURCES

AVAILABLE HERE -- I APOLOGIZE, JUST FOR TIME -- THE STATE RESOURCES

AVAILABLE HERE THROUGH THIS HOTLINE, WILL THEY PROVIDE ANY NEW

INFORMATION OR WOULD THEY PROVIDE SPECIALISTS IN THIS TOPIC AREA? WILL

THEY BE READING THE FREQUENTLY ASKED QUESTIONS PORTION OF THE PAGE, IS

THIS IS AN OUTSOURCED HOTLINE? I'M JUST CURIOUS, WHAT -- WHAT NEW

RESOURCES ARE BEING PROVIDED TO SCHOOL DISTRICTS WHO ARE CONTINUING TO

STRUGGLE TO UNDERSTAND HOW THEY CAN IMPLEMENT SUCH AN EXPENSIVE

PROGRAM?

MS. WEINSTEIN: IT WILL BE STATE EMPLOYEES

PROVIDING THAT INFORMATION.

MR. BLUMENCRANZ: SO WILL THESE BE SPECIALISTS?

WILL THESE BE GREEN ENERGY OR EV SPECIALISTS? WILL THESE BE PEOPLE

WHO WILL HELP THEM UNDERSTAND, YOU KNOW --

MS. WEINSTEIN: YES, THEY WILL BE SPECIALISTS WITH

MR. BLUMENCRANZ: SPECIALISTS. WHAT KIND OF

SPECIALISTS WOULD THEY BE?

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MS. WEINSTEIN: KNOWLEDGE OF THE AREAS. AND --

AND THEY WILL HELP ASSIST WITH OTHER STATE AGENCIES TO HELP DISTRICTS

INTERACT WITH OTHER STATE AGENCIES.

MR. BLUMENCRANZ: WILL THEY BE ABLE TO PROVIDE

ANY INSIGHT IF A SCHOOL HAS EXTENUATING CIRCUMSTANCES THAT MIGHT NOT

ALLOW THEM TO IMPLEMENT THE PROGRAM? WILL THEY HAVE THE PURVIEW TO

REALLY GUIDE THEM THROUGH SOME CHANGES THEY MAY NEED IN THE LAW,

OR...

MS. WEINSTEIN: YES. THEY -- THEY WOULD HELP

GUIDE THEM -- COULD GUIDE THEM THROUGH THE CHANGES THEY MAY NEED TO

MAKE TO BE ABLE TO CONFORM TO THE LAW.

MR. BLUMENCRANZ: SO WHEN -- WHEN THIS -- YOU

KNOW, IT SPECIFICALLY SAYS IT WILL HELP THEM WITH QUESTIONS AND

CONCERNS. SO IF THEY HAVE SERIOUS CONCERNS, NOT NECESSARILY QUESTIONS,

WHAT EXACTLY WILL THIS -- THIS RESOURCE CENTER BE ABLE TO DO FOR THEM?

WILL IT BE ABLE TO HELP THEM NAVIGATE THE DEPARTMENT TO MAKE THE

CHANGES THEY NEED?

MS. WEINSTEIN: YES, YES.

MR. BLUMENCRANZ: IN WHAT CAPACITY?

MS. WEINSTEIN: ANY --

MR. BLUMENCRANZ: SO SAY A SCHOOL NEEDS TO

BUILD A TRANSFER STATION BECAUSE THEY NEED A SIGNIFICANT AMOUNT OF

POWER. WILL THEY HELP THEM NAVIGATE THEM BUILDING THAT? WILL THEY

PAY FOR IT? WILL THEY PROVIDE THEM AVENUES THAT IT CAN BE PAID FOR?

MS. WEINSTEIN: THEY -- THEY ARE NOT PROVIDING

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FUNDS, BUT THEY CAN PROVIDE GUIDANCE AND REFERRAL TO OTHER STATE

AGENCIES THAT -- AND PERHAPS DIRECT THEM TO WHERE THERE MAY BE FUNDS

AVAILABLE TO HELP MAKE THESE -- THOSE CHANGES.

MR. BLUMENCRANZ: OKAY. SO WILL THE SCHOOL

DISTRICTS BE ANY MORE INFORMED AS A RESULT FOR THE CREATION OF THIS TASK

FORCE? IS THERE -- THERE WILL BE NEW INFORMATION PROVIDED THAT'S NOT

CURRENTLY PROVIDED BY THE STATE TO THE SCHOOLS WHO NEED MORE

INFORMATION AT A -- AT A BARE MINIMUM?

MS. WEINSTEIN: YOU KNOW, ONE OF THE COMPLAINTS

THAT WE HAVE HEARD FROM SCHOOL DISTRICTS IS THERE IS NO SINGLE PLACE FOR

THEM TO GO TO BE ABLE TO GET THIS INFORMATION AND GUIDANCE. SO THAT IS

THE -- THE GOAL OF -- THAT IS OUR -- OUR RESPONSE TO SOME OF THESE

COMPLAINTS THAT WE HAVE HEARD.

MR. BLUMENCRANZ: OKAY. ALL RIGHT, THANK YOU.

I'M GONNA MOVE ON TO THE PART B, EVIDENCE-BASED AND

SCIENTIFICALLY-BASED READING INSTRUCTION.

MS. WEINSTEIN: OKAY.

MR. BLUMENCRANZ: SO WITH REGARDS TO THAT PART

B, SO DOES PART B MANDATE THAT CULTURALLY-RESPONSIVE SUSTAINING

EDUCATION FRAMEWORK FOR SCHOOL DISTRICTS?

(PAUSE)

MS. WEINSTEIN: IT -- IT MERELY HAS TO ALIGN WITH

THE EXISTING SED REGULATIONS.

MR. BLUMENCRANZ: SO YOU MANDATE THAT IT HAS

TO RELY ON THOSE EXISTING MANDATES.

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MS. WEINSTEIN: ALIGN, YES.

MR. BLUMENCRANZ: OKAY. SO HAS THE CRS

READING CURRICULUM BEEN APPROVED BY THE STATE EDUCATION

DEPARTMENT?

MS. WEINSTEIN: THE -- THE STATE EDUCATION

DEPARTMENT HAS ALREADY DEVELOPED A CULTURALLY-RESPONSIVE FRAMEWORK,

AND THAT WOULD -- THEY WOULD HELP PROVIDE THAT GUIDANCE.

MR. BLUMENCRANZ: YES, THEY HAVE PHASE ONE,

PHASE TWO AND PHASE THREE OF IMPLEMENTATION, RAISING AWARENESS AND

BUILDING CAPACITY FOR THE PROGRAM, BUT DOES THIS BUDGET PROVISION, DOES

ITS TIMELINE COMPORT WITH THE TIMELINE OUTLINED BY THE STATE

DEPARTMENT OF EDUCATION PREVIOUSLY?

MS. WEINSTEIN: WE DON'T CHANGE ANYTHING IN THIS

BUDGET ABOUT THAT TIMELINE.

MR. BLUMENCRANZ: SORRY?

MS. WEINSTEIN: WE -- WE DO NOT CHANGE ANYTHING

IN THE BUDGET ABOUT THE TIMELINE.

MR. BLUMENCRANZ: OKAY. YOU -- THERE'S A

MANDATED TIMELINE HERE, BUT IS IT THE SAME AS THE -- THE TIMELINE THAT

THE STATE DEPARTMENT -- EDUCATION DEPARTMENT PROVIDES?

MS. WEINSTEIN: WELL, THIS IS JUST -- THE TIMELINE

HERE IS JUST FOR THE READING BEST -- READING BEST PRACTICES.

MR. BLUMENCRANZ: OKAY. SO NOT -- I MEAN, IT'S

MORE THAN THAT, BUT DOES THE REQUIRED -- DOES REQUIRING THE ALIGNMENT

OF CURRICULUM AND INSTRUCTIONAL PRACTICES FOR STUDENTS IN PRE-K THROUGH

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3RD GRADE, WHAT DOES IT LOOK LIKE FOR THESE SCHOOL DISTRICTS? IS THERE AN

IDEA AS TO, LIKE, WHAT THIS -- THIS PROGRAM WILL LOOK LIKE WHEN ROLLED

OUT?

MS. WEINSTEIN: THE -- THIS LEGISLATION DOES NOT

HAVE THAT DELINEATED, THOUGH THAT'S SOMETHING THAT SED WILL HAVE TO

DETERMINE AS -- AS THEY LOOK IT.

MR. BLUMENCRANZ: OKAY. SO JUST TO

UNDERSTAND AND -- AND HAMMER DOWN ON SOME OF THOSE SPECIFIC

DEFINITIONS, SO UNDER THE TEXT OF THE BILL, WHAT DOES "EVIDENCE-BASED"

MEAN WITHIN THE CONTEXT OF --

MS. WEINSTEIN: THAT'S SOMETHING THAT SED WILL

BE LOOKING AT.

MR. BLUMENCRANZ: OKAY. THAT GOES THE SAME

WITH "SCIENTIFICALLY-BASED" WHEN IT COMES TO CULTURALLY-SENSITIVE --

MS. WEINSTEIN: CORRECT.

MR. BLUMENCRANZ: -- EDUCATION. OKAY. SO THE

CRS FRAMEWORK PUBLISHED BY THE STATE DEPARTMENT OF EDUCATION DOES

CITE A CULTURALLY-APPROPRIATE SOLUTION FOR TEACHING READING TO OUR

STUDENTS. WHAT DOES THAT LOOK LIKE?

MS. WEINSTEIN: AGAIN, YOU KNOW, SED WILL HELP

DETERMINE THAT.

MR. BLUMENCRANZ: SO THEY ARE GOING TO BE

PROVIDING US -- WE'RE -- WE'RE GIVING THEM THAT BLANK CHECK WITHOUT US

EXACTLY WHAT "CULTURALLY-SENSITIVE READING" LOOKS LIKE, BUT OUR SCHOOLS

ARE MANDATED TO TEACH IT.

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MS. WEINSTEIN: THEY ARE THE AGENCY THAT HAS THAT

EXPERTISE. THANK YOU, MR. BLUMENCRANZ.

MR. BLUMENCRANZ: THANK YOU.

ACTING SPEAKER ZACCARO: MR. MAHER.

MR. MAHER: THANK YOU, MR. SPEAKER. WOULD THE

CHAIR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER ZACCARO: DOES THE SPONSOR

YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER ZACCARO: THE SPONSOR

YIELDS.

MR. MAHER: OKAY. I WANTED TO CHAT A LITTLE BIT

ABOUT THE NEWLY-CONSTRUCTED OR CONVERTED FULLY INCOME-RESTRICTED

RENTAL MULTIPLE DWELLINGS, SPECIFICALLY THE NEW 421-PP EXEMPTION. A

COUPLE OF QUESTIONS. SO THE FIRST IS, IS THIS AN OPT-IN AS WELL? IS THIS A

SEPARATE OPT-IN OR COULD A LOCAL MUNICIPALITY CREATE ONE LOCAL LAW THAT

WOULD OPT THEM INTO BOTH GOOD CAUSE AND THIS EXEMPTION?

MS. WEINSTEIN: I -- I DON'T THINK THAT THERE IS A

PROHIBITION ABOUT THEM OPTING INTO ONE AND NOT THE OTHER, OR OPTING

INTO BOTH.

MR. MAHER: OKAY. WHEN IT COMES TO THIS SPECIFIC

REAL PROPERTY EXEMPTION, IT LOOKS LIKE IT'S 30 YEARS WITH THE FIRST THREE

YEARS OF CONSTRUCTION BEING COMPLETELY ZERO. WAS THERE ANY LOCAL

LABOR LANGUAGE IN HERE, ANY PREVAILING WAGE?

MS. WEINSTEIN: NO.

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MR. MAHER: NO? OKAY. SO WE'RE LOOKING AT

GIVING 30-YEAR REAL PROPERTY TAX EXEMPTIONS OUT AND NOT HAVING ANY

LOCAL LABOR OR PREVAILING WAGE?

MS. WEINSTEIN: IT -- THE -- THE WAGE PROTECTIONS

ARE FOR THE BUILDING SERVICE WORKERS, NOT THE LABOR AGREEMENT.

MR. MAHER: I'M SORRY, I COULDN'T HEAR THAT.

MS. WEINSTEIN: THERE -- THERE IS A CARVEOUT OF --

OF PREVAILING WAGE IF 25 PERCENT OF THE UNITS ARE AFFORDABLE.

MR. MAHER: OKAY. SO IF TEN OR MORE UNITS ARE

AFFORDABLE, THEY GET TO TAKE PART IN A POTENTIAL 30-YEAR REAL PROPERTY TAX

EXEMPTION. IS THERE A PERCENTAGE OF UNITS -- SO FOR EXAMPLE, IF

SOMEBODY WANTED TO BUILD 500 UNITS, THEY WOULD ONLY NEED TEN UNITS

OR IS THERE A PERCENTAGE OF UNITS THAT WOULD NEED TO BE AFFORDABLE

BEFORE THE TAX (INAUDIBLE) KICKS IN?

MS. WEINSTEIN: IT'S 25 PERCENT OF THE TOTAL UNITS

NEEDING TO BE AFFORDABLE.

MR. MAHER: IS THAT JUST FOR THE PREVAILING WAGE, OR

IS THAT SPECIFICALLY AS WELL FOR THE TAX EXEMPTION?

MS. WEINSTEIN: THAT'S TO RECEIVE THE TAX

EXEMPTION.

MR. MAHER: OKAY. SO YOU HAVE A PREVAILING WAGE

AT 25 PERCENT OF THE UNITS, BUT NO LOCAL LABOR LANGUAGE?

MS. WEINSTEIN: THERE IS -- THERE IS NOT PREVAILING

WAGE FOR THE CONSTRUCTION, ONLY FOR THE BUILDING SERVICES.

MR. MAHER: OKAY. SO THERE IS NO MANDATED

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NYS ASSEMBLY APRIL 19, 2024

PREVAILING WAGE AND NO LOCAL LABOR DURING CONSTRUCTION RELATED TO THIS

POTENTIAL 30-YEAR REAL PROPERTY TAX EXEMPTION?

MS. WEINSTEIN: YES, THAT'S CORRECT.

MR. MAHER: OKAY. WE'LL GET TO THAT IN A LITTLE BIT.

WHAT ENTITY WILL OVERSEE THE ENFORCEMENT AND THE

DETAILS? RIGHT NOW WHEN YOU HAVE A PILOT -- AN IDA GIVES A PILOT YOU

HAVE THE ABO. SO IS THERE AN ENTITY THAT'S GOING TO BE OUT THERE JUST

MAKING SURE THINGS ARE DONE THE RIGHT WAY IN TERMS OF THESE

EXEMPTIONS AND THE RELEASE OF THE SUBSIDY?

MS. WEINSTEIN: THE -- THE LOCAL GOVERNMENTS.

MR. MAHER: THE LOCAL GOVERNMENTS.

MS. WEINSTEIN: CORRECT.

MR. MAHER: OKAY. I'LL GET BACK TO THAT, TOO.

OKAY, IT SAYS THAT UP TO THREE YEARS DURING

CONSTRUCTION THERE WILL BE ZERO PROPERTY TAXES PAID, AND THEN IT SAYS UP

TO THREE YEARS. SO IS IT AT COMPLETION, OR WOULD YOU HAVE THREE YEARS

EVEN IF THE PROJECT WAS COMPLETED TO RECEIVE ZERO REAL PROPERTY TAX

EXEMPTION?

MS. WEINSTEIN: IT WOULD BE AT COMPLETION IF THAT

TOOK LESS THAN THE THREE YEARS.

MR. MAHER: OKAY. DURING THE DISCUSSION AND THE

NEW EXEMPTION THAT WAS CREATED, THIS IS ALSO BASED ON THE NEW YORK

CITY EXEMPTION THAT EXISTS, RIGHT?

MS. WEINSTEIN: YES.

MR. MAHER: OKAY. SO THE 421-PP IS A NEW YORK

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CITY INCENTIVE THAT'S USED TO HELP BUILD MORE HOUSING STOCK. DOES THAT

SPECIFIC PROGRAM IN NEW YORK CITY THAT CURRENTLY EXISTS HAVE A LOCAL

LABOR AGREEMENT? DOES IT GUARANTEE LOCAL LABOR? NOT PREVAILING WAGE,

BUT LOCAL LABOR.

MS. WEINSTEIN: WELL, ACTUALLY, THERE IS NO

EXISTING 421-A [SIC] PROGRAM. WE REINSTATE THIS PROGRAM FOR -- WE

EXTEND THIS PROGRAM FOR CERTAIN ELIGIBLE PROJECTS.

MR. MAHER: OKAY. SO A NEW 421-PP EXEMPTION IS

CREATED THAT ALLOWS LOCAL OPTION IN CITY, TOWN OR VILLAGE OUTSIDE OF NEW

YORK CITY. RIGHT NOW I KNOW THAT THERE IS IN NEW YORK CITY AN

INCENTIVE PROGRAM THAT EXISTS, AND THIS IS, I'M ASSUMING, MIRRORED OFF

OF THAT. BUT YOU KNOW WHAT? WE'LL GET TO THAT LATER BECAUSE THAT'S NOT

IN THIS BILL AND I CAN UNDERSTAND THAT.

ALL RIGHT, WHEN IT COMES TO ADUS, ACCESSORY DEVELOP

-- DWELLING UNITS.

MS. WEINSTEIN: YES.

MR. MAHER: IT LOOKS LIKE THERE ARE INCENTIVES FOR

REAL PROPERTY, BUT THERE ARE NO INCENTIVES FOR MUNICIPALITIES, IS THAT

CORRECT, IF THEY WANTED TO PROMOTE CREATING THE -- ALLOWING FOR ADUS?

MS. WEINSTEIN: NO. THERE -- THERE ISN'T AN

INCENTIVE FOR -- AN IMMEDIATE INCENTIVE FOR THE LOCALITY. AS WE HAD

DISCUSSIONS EARLIER, IT -- THERE IS A -- A FIVE-YEAR EXEMPTION AND THEN IT

BECOMES FULLY AVAILABLE.

MR. MAHER: OKAY. MY CONCERN THERE IS YOU HAVE

INCENTIVES BEING GIVEN TO DEVELOPERS, WHICH I THINK IS A GOOD THING.

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YOU -- YOU DEFINITELY WANT TO CREATE THAT. BUT IN A LOT OF MUNICIPALITIES

THEY DON'T HAVE THE INFRASTRUCTURE OR THE NEED TO UPDATE THEIR

INFRASTRUCTURE IN ORDER TO SUPPORT ADUS. SO IF WE DON'T PROVIDE

INCENTIVES FOR THE MUNICIPALITIES, HOW IS THAT REALLY GONNA CHANGE

CREATING MORE ADUS?

MS. WEINSTEIN: THE -- BY LOCAL LAW, THE LOCALITY

CAN DECIDE TO LOWER THE EXEMPTION AMOUNT AND THE TYPES OF ADUS THAT

ARE ALLOWED, WHICH ALSO MEANS THEY CAN DECIDE NOT TO ALLOW ADUS IN

THEIR LOCALITY IF THEY BELIEVE THAT IT WILL NOT HELP THE RESIDENTS OF -- OF

THEIR LOCALITY.

MR. MAHER: OKAY. BACK ONE MORE QUESTION NOW

TO THE -- THE NEW 421-PP EXEMPTION. RIGHT NOW WITH THE 485-B TAX

EXEMPTION, A WAREHOUSE BEING BUILT, EACH SCHOOL DISTRICT IN THE UPSTATE

COMMUNITIES HAS THE OPTION TO OPT OUT OF THE 485-B. IS THERE AN

OPT-OUT FOR THE SCHOOL DISTRICT FOR WHEN A MUNICIPALITY DECIDES TO GIVE

A REAL PROPERTY TAX EXEMPTION IN ONE OF THEIR COMMUNITIES?

MS. WEINSTEIN: WELL, THE SCHOOL DISTRICT CAN

DECIDE -- YES, THEY CAN OPT OUT WHETHER THEY WANT TO OR DON'T WANT TO

BE A PART OF THAT.

MR. MAHER: THEY CAN.

MS. WEINSTEIN: YES.

MR. MAHER: SO WHEN A MUNICIPALITY, A TOWN PUTS

TOGETHER THIS 30-YEAR REAL PROPERTY EXEMPTION, THE SCHOOL DISTRICT CAN

COME IN AND SAY, HEY, WE DON'T WANT TO BE PART OF THIS, SO 70 PERCENT

OF THAT BENEFIT IS NOT GOING TO HAPPEN.

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: THE SCHOOL DISTRICT WOULD HAVE TO

PASS A RESOLUTION IF THEY WANTED TO GIVE AN EXEMPTION ON THE SCHOOL

TAXES.

MR. MAHER: BUT SIMILAR TO A 485-B, THAT

EXEMPTION EXISTS FOR THE 421-PP WHERE A SCHOOL DISTRICT WOULD HAVE A

PROCEDURAL ROUTE TO NOT BE IMPACTED BY THE REAL PROPERTY TAX

EXEMPTION?

MS. WEINSTEIN: YES, THAT'S CORRECT.

MR. MAHER: OKAY, THANK YOU.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. MAHER: OKAY, SO LAST YEAR I HAD THE

OPPORTUNITY TO DEBATE A FEW MEMBERS ON CREATING A MONITOR FOR ONE OF

OUR LOCAL IDAS. THESE IDAS WERE DEMONIZED, SAYING THAT THEY'RE

TAKING OUR TAXPAYER DOLLARS AND WE'RE NOT SEEING THE RETURN OR THEY'RE

NOT NECESSARY, YET WE'RE CREATING A WORKAROUND FOR OUR IDAS BY

CREATING THIS EXEMPTION AND THERE IS NO LOCAL LABOR GUARANTEE. IDAS

ARE DEMONIZED OFTEN. IT'S THE COOL THING TO DO, IT'S -- IT'S GOT SOME

POLITICAL, YOU KNOW, CLOUT THERE TO JUST KIND OF SAY, HEY, THESE ARE THE

BAD GUYS, HERE'S WHO -- HERE'S WHOSE TO BLAME. BUT IDAS, ESPECIALLY

THE ONES IN MY DISTRICT AND MOST THROUGHOUT NEW YORK STATE, THEY

HAVE LOCAL LABOR AGREEMENTS. SO WHAT WE'RE DOING HERE BY CREATING

THIS TAX EXEMPTION WITH NO LABOR LOCAL POLICIES, SIMILAR TO A 485-B, IS

WE ARE HURTING THE OPPORTUNITY FOR LOCAL LABOR TO GET WORK ON THE

CONSTRUCTION OF THE EXPANSION AND CREATION OF NEW HOUSING UNITS.

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NYS ASSEMBLY APRIL 19, 2024

THAT'S A PROBLEM, AND I TRULY HOPE IT GETS ADDRESSED AFTER THIS BUDGET IS

ADOPTED, MAYBE IT'S AN OVERSIGHT. BUT I THINK AT THE END OF THE DAY

WHEN WE TALK ABOUT CREATING INCENTIVES AND USING TAXPAYER MONEY THAT

SHOULD BE GOING TOWARD OUR SCHOOL DISTRICTS OR OUR VILLAGES OR OUR

MUNICIPALITIES AND WE'RE GIVING FOLKS A BREAK ON THAT, WE SHOULD GET

SOMETHING BACK IN RETURN, LIKE LOCAL EMPLOYEES FROM OUR OWN TOWNS,

CITIES AND VILLAGES AND COUNTIES TO MAKE SURE THAT THE FUNDS GO IN THEIR

POCKET AND NOT FROM WORKERS COMING UP FROM NORTH CAROLINA, SOUTH

CAROLINA, TEXAS, WHICH ARE PROBABLY A LOT OF FORMER NEW YORKERS.

THAT -- THAT NOTWITHSTANDING, WE WANT TO MAKE SURE THAT WE STIMULATE

OUR LOCAL ECONOMY, THAT WE HAVE THAT MULTIPLIER EFFECT AND THAT THE

CONSTRUCTION WORKERS WORKING AND BUILDING THESE NEW HOUSING UNITS

ARE CONTRIBUTING AND INVESTED INTO THE LOCAL ECONOMY.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MR. TANNOUSIS.

MR. TANNOUSIS: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. TANNOUSIS: THANK YOU. TOLL EVASION COSTS

THE MTA $690 MILLION A YEAR, BUT YET THE MTA IS UTILIZING CONGESTION

PRICING TO SAY THAT IT WILL BRING IN A NECESSARY $1 BILLION A YEAR.

INSTEAD OF US TRYING TO FIGURE OUT HOW TO GET BACK THAT 700 MILLION THAT

THE MTA SAYS THEY DO NOT HAVE BECAUSE OF TOLL EVASION, OUR ANSWER IS

TO FORGIVE THE FIRST TICKET YOU GET FOR EVADING THE FARE WITH A WRITTEN

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NYS ASSEMBLY APRIL 19, 2024

WARNING, TO GET PEOPLE THAT EVADE THE FARES INTO PROGRAMS WHERE THEY

DO NOT ACTUALLY HAVE TO PAY THAT FINE, AND NOT HOLD THEM RESPONSIBLE FOR

ANY OF THEIR ACTIONS.

A FEW WEEKS AGO, I WAS IN DOWNTOWN MANHATTAN. I

WAS TAKING TRAIN FROM DOWNTOWN MANHATTAN TO GO TO BAY RIDGE,

BROOKLYN. AS I'M GOING DOWN AT THE STATION, IN FRONT OF ME I SAW THAT

ONE OF THE DOORS WAS OPEN. I COUNTED SEVEN PEOPLE THAT ENTERED THE

TRAIN STATION, ONE OPENING THE DOOR FOR THE NEXT, SEVEN PEOPLE DID NOT

PAY THE FARE. NOBODY THERE TO STOP THEM, NOBODY THERE TO SAY

ANYTHING. BUT YET THE MTA WANTS TO PUSH CONGESTION PRICING ON US

BECAUSE THEY SAY IT WILL BRING $1 BILLION A YEAR, EVEN THOUGH THEIR OWN

ENVIRONMENTAL IMPACT STUDY CLEARLY SHOWS THAT CONGESTION PRICING WILL

INCREASE TRAFFIC, CONGESTION AND POLLUTION ON STATEN ISLAND, IN THE

BRONX AND THE OUTER BOROUGHS.

BUT HEY, WHO NEEDS TO PAY THE TOLL? YOU'VE GOT THE

SUCKERS IN STATEN ISLAND THAT ARE GONNA PAY FOR IT. YOU GOT THE SUCKERS

IN THE OUTER BOROUGHS AND THE BRONX AND QUEENS, EVERYWHERE ELSE,

THAT ARE GONNA PAY FOR IT. GO AHEAD, JUMP THE TURNSTILE. NOBODY IS

GOING TO HOLD YOU ACCOUNTABLE FOR YOUR ACTIONS. LET'S JUST CONTINUE TO

BE AN UNAFFORDABLE AND UNSUSTAINABLE PLACE TO LIVE.

AS I'VE SAID MANY TIMES DURING THIS BUDGET, ONCE

AGAIN I VOTE NO.

ACTING SPEAKER AUBRY: MR. DURSO.

MR. DURSO: THANK YOU, MR. SPEAKER. WOULD THE

SPONSOR YIELD FOR A COUPLE OF QUICK QUESTIONS?

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NYS ASSEMBLY APRIL 19, 2024

ACTING SPEAKER AUBRY: MS. WEINSTEIN, WILL

YOU YIELD?

MS. WEINSTEIN: YES.

MR. DURSO: THANK YOU, MS. WEINSTEIN. SO I JUST

WANTED TO CONTINUE ON WHAT MY COLLEAGUE WAS TALKING ABOUT WITH THE

TAX EXEMPTIONS FOR THESE MULTI -- MULTI-UNIT DWELLINGS. SO -- AND JUST

TO -- TO TOUCH ON WHAT HE SAID, SO WE'RE SAYING THERE COULD BE MULTI-

MILLION-DOLLAR PROJECTS THAT THESE DEVELOPERS WILL GET TAX BREAKS ON, BUT

THERE'S NO GUARANTEE OF LOCAL LABOR OR A PLA IN -- IN THIS BILL, REQUIRING

THEM TO HAVE THEM, CORRECT?

MS. WEINSTEIN: CORRECT.

MR. DURSO: OKAY. WAS THERE ANY THOUGHT OR WAS

THAT EVER BROUGHT UP IN DISCUSSIONS ABOUT THESE? I MEAN, THESE ARE --

THESE -- THESE COULD BE LARGE-SCALE PROJECTS THAT WE ARE NOT

GUARANTEEING LOCAL LABOR AND PLAS ON THIS TO WHERE OUR LOCAL UNIONS

AND TRADESPEOPLE COULD ACTUALLY HAVE MULTI-YEAR JOBS CREATING THESE

UNITS. ISN'T THAT REALLY KIND OF PART OF WHY WE'RE DOING THIS, SO THAT

PEOPLE CAN AFFORD TO LIVE IN A PLACE, STAY HERE IN NEW YORK, BUT WE

DON'T WANT TO GIVE THEM THE WORK TO DO IT?

MS. WEINSTEIN: CURRENT LAW IS THAT THERE IS NO

PROJECT LABOR AGREEMENT IF THERE IS OVER 25 PERCENT AFFORDABILITY. SO

WE DON'T CHANGE THE LAW IN THIS REGARD, WE JUST PROVIDE A -- A TEMPLATE

FOR HOW TO GET TO THESE INCENTIVES.

MR. DURSO: SO JUST -- OKAY. SO IF THERE IS A 25

PERCENT AFFORDABILITY RATE IN THE AMOUNT OF UNITS THAT ARE CREATED, IT IS

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THEN REQUIRED TO HAVE A PLA, OR NO?

(PAUSE)

I'M -- I'M SORRY, MA'AM. NO, THAT'S OKAY.

IF THERE'S 25 PERCENT OR MORE OF THE UNITS, RIGHT, THAT

ARE GOING TO BE AFFORDABLE, THERE WILL BE A PLA ON ALL THOSE PROJECTS

DESPITE THERE'S NO --

MS. WEINSTEIN: NO, THE OPPOSITE.

MR. DURSO: I'M SORRY. IF IT'S LESS THAN 25 PERCENT?

MS. WEINSTEIN: RIGHT, WHICH IS NOT COVERED, BUT

THAT'S NOT WHAT THIS -- THIS BILL IS ABOUT THE EXEMPTIONS FOR OVER

25 PERCENT AFFORDABILITY. SO WE DON'T CHANGE THE CURRENT LAW REGARDING

THE PLAS THAT EXIST TODAY.

MR. DURSO: SO IF THERE'S 50 PERCENT AFFORDABILITY,

IF THERE'S 500 UNITS THAT ARE BEING CREATED AND 50 PERCENT OF THEM ARE

MADE OUT TO BE AFFORDABLE, THERE HAS TO BE A PLA ON IT OR AM I READING

IT THE OPPOSITE WAY?

MS. WEINSTEIN: NO, I THINK YOU'RE READING THE

OPPOSITE -- IF THERE -- IF THERE'S LESS - CURRENT LAW -- I'M TOLD IF THERE'S

LESS THAN 25 PERCENT -- WELL, CURRENT LAW. IF THERE'S MORE THAN 25

PERCENT AFFORDABILITY UNDER CURRENT LAW, THERE'S NO P -- PLA

REQUIREMENT. YOU KNOW, AND THAT HAS TO GO WITH THE FACT TO MAKE SURE

THAT THIS AFFORDABLE HOUSING COULD BE FINANCED AND CAN BE COMPLETED.

MR. DURSO: UNDERSTOOD. SO IN OTHER WORDS, IT'S A

PROTECTION FOR, I GUESS, THE DEVELOPER AND THE LOCAL MUNICIPALITIES WHO

ARE DOING THIS, TO MAKE SURE THAT THEY CAN HAVE THOSE BUILT AT A COST --

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AT THE PROPER COST? I GUESS KEEP COSTS DOWN; IS THAT WHAT WE'RE SAYING?

MS. WEINSTEIN: IF IT COSTS TOO MUCH, THEN THE

UNITS WILL NOT BE ABLE TO BE AFFORDABLE.

MR. DURSO: SO WE'RE SAYING THAT THE COST OF UNION

LABOR'S TOO HIGH? IS THAT WHAT WE'RE SAYING IN THIS CHAMBER? I HOPE

NOT.

MS. WEINSTEIN: NO, WE'RE JUST WANT TO MAKE SURE

THAT MORE AFFORDABLE APARTMENTS COULD -- CAN BE DEVELOPED.

MR. DURSO: SO WE'RE -- WE'RE GUARANTEEING THAT

MORE AFFORDABLE APARTMENTS COULD BE DEVELOPED AT THE EXPENSE -- WHAT

IT SEEMS LIKE TO ME, I MEAN, WE COULD HAVE PUT LANGUAGE HERE

GUARANTEEING A PLA BUT WE DIDN'T. SO WE'RE REALLY MAKING SURE THAT

MORE AFFORDABLE HOUSING COULD BE BUILT, BUT NOT WITH A GUARANTEE OF

LOCAL LABOR AND PROPER WAGES. I MEAN, RIGHT, THERE'S NO NEW LANGUAGE

PUT IN THIS, THEY'RE JUST FOLLOWING THE OLD LAW. SO --

MS. WEINSTEIN: CORRECT. IT WILL FOLLOW CURRENT

LAW WHICH --

MR. DURSO: SO WE'RE -- WE'RE INCENTIVIZING PEOPLE

TO BUILD AFFORDABLE HOUSING, BUT WE DON'T WANT IT BUILT BY PEOPLE IN THE

TRADES UNION MEMBERS --

MS. WEINSTEIN: WE --

MR. DURSO: -- BECAUSE IT COSTS TOO MUCH.

MS. WEINSTEIN: WE ALREADY HAVE THAT LAW IN

PLACE.

MR. DURSO: IT COULD'VE VERY EASILY BEEN PUT INTO

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THIS LANGUAGE. I MEAN, THERE'S -- I MEAN, WE -- OUR -- OUR STAFF DID A

GREAT JOB OF BREAKING THIS ALL DOWN AND THEY PUT IT ONTO A COUPLE OF

PAGES, I'M SURE THE BILL WAS MUCH BIGGER. BUT WE COULD'VE DEFINITELY

PUT LANGUAGE IN HERE TO PROTECT UNION WORKERS AND MAKE SURE THAT THEY

GOT THE WORK THAT THE STATE'S GONNA PAY THE INCENTIVES FOR, BUT THE STATE

DIDN'T FIND IT IMPORTANT ENOUGH TO MAKE SURE THAT UNION LABOR ACTUALLY

GOT THE WORK.

MS. WEINSTEIN: THERE -- THERE IS NOTHING THAT

REQUIRES A PLA, BUT THERE'S NOTHING THAT PROHIBITS A PLA EITHER.

MR. DURSO: THERE'S NOTHING GUARANTEEING THAT IT'S

UNION LABOR EITHER, SO I'LL MOVE ON FROM THAT POINT.

SO WORKING BACKWARDS, ONE OF THE PARTS THAT WAS

OMITTED IN THIS BILL ALSO WAS THE EXPANDED RECOVERY TOOL FOR STOLEN

WAGES THAT COULD'VE BEEN DONE BY THE DEPARTMENT OF LABOR. THAT WAS

INTENTIONALLY OMITTED OUT OF THIS BILL. CAN YOU TELL ME, WAS IT IN

ANOTHER BILL, DID I MISS IT? WHICH IS POSSIBLE, WE'VE BEEN IN FOR A

COUPLE DAYS DOING THIS. YOU KNOW, JUST TO HOLD THE BAD ACTORS

ACCOUNTABLE TO MAKE SURE WE CAN GET THOSE STOLEN WAGES BACK,

ESPECIALLY FROM THE DEVELOPERS WHO ARE GONNA BE CREATING THESE

AFFORDABLE HOUSING THAT WE DIDN'T PUT A PLA ON TO MAKE SURE THAT LOCAL

LABOR GETS IT, WE ACTUALLY OMITTED OUT OF THE BUDGET TO PROTECT THOSE

UNION WORKERS. WHY WOULD WE DO THAT?

MS. WEINSTEIN: IT -- IT WAS REMOVED FROM THE

BUDGET SINCE IT IS A POLICY ISSUE WE INTEND TO LOOK AT OUTSIDE THE

BUDGET.

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MR. DURSO: SO THERE'S NO OTHER POLICY IN THE

BUDGET, JUST THIS ONE PIECE WE'RE GONNA OMIT?

MS. WEINSTEIN: NO, AT VARIOUS -- AT VARIOUS PLACES

WE'VE OMITTED POLICY ISSUES THAT WE INTEND TO LOOK AT AFTER THE BUDGET

IS ADOPTED.

MR. DURSO: OKAY. AND I -- AND I DO APPRECIATE,

OBVIOUSLY, IN THIS BILL THERE'S THE SUNY PLA, SOMETHING I KNOW

MYSELF AND PLENTY OF COLLEAGUES THROUGHOUT THIS CHAMBER. I

APPRECIATE IT BEING THERE. I'M -- I'M ACTUALLY -- I COULD SAY THANK GOD

IT'S IN THERE. I WISH IT WAS AT A LOWER THRESHOLD OF THE ORIGINAL 3- TO 5

MILLION, I KNOW NOW IT'S AT 10-. BUT WE HAVE TO FIGHT WITH SUNY

ABOUT, AGAIN, SUPPORTING LOCAL LABOR AND OUR UNIONS, WHICH IS A SHAME.

BUT THAT'S -- THAT'S TWO, I DON'T WANT TO SAY ANTI-LABOR, BUT TWO NOT VERY

LABOR-FRIENDLY PIECES OF THIS PIECE OF LEGISLATION THAT WE'RE VOTING ON

TODAY.

ANOTHER QUESTION I HAVE WILL BE ABOUT THE OPT-IN FOR

THE HOUSING.

MS. WEINSTEIN: YES.

MR. DURSO: I DON'T KNOW IF YOU NEED TO SWITCH

THERE.

MS. WEINSTEIN: THE OPT OUT? IS THAT WHAT YOU'RE

MR. DURSO: OPT IN, OPT OUT, HOWEVER WE WANT TO

CALL IT. WE WANT TO CALL IT THE GOOD CAUSE PROVISION IN THIS.

MS. WEINSTEIN: SURE.

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MR. DURSO: I APOLOGIZE.

MS. WEINSTEIN: YES.

MR. DURSO: OKAY. AND I KNOW IT'S ASKED ALREADY,

I JUST WANTED TO GET IT ON THE RECORD AND JUST ASK IN MY OWN WAY. SO,

TOWNS, VILLAGES HAVE AN OPTION TO OPT IN OR OPT OUT, CORRECT, OF THIS

PROVISION?

MS. WEINSTEIN: WELL, TO --

MR. DURSO: OTHER THAN NEW YORK CITY.

MS. WEINSTEIN: OUTSIDE NEW YORK CITY, INITIALLY

TO OPT IN, OKAY? IF A TOWN OPTS IN AND THE VILLAGE CONTAINED WITHIN THAT

TOWN DOESN'T WANT TO BE -- HAVE THESE PROTECTIONS FOR THEIR TEN -- THEIR

RESIDENTS, THEIR TENANTS, THEY -- THAT VILLAGE CAN OPT OUT. IF THE TOWN

DOESN'T TAKE ANY -- DOESN'T DECIDE TO OPT IN, THE VILLAGE ITSELF COULD OPT

IN.

MR. DURSO: WHAT ABOUT THE -- THE -- RIGHT. SO THE

TOWN THAT THE VILLAGE FALLS IN DOESN'T SUPERCEDE THE VILLAGE'S LOCAL

ZONING OR CODES, CORRECT? IT'S -- IT'S -- IT WOULD BE INDIVIDUALIZED. IF --

I LIVE IN THE VILLAGE OF MASSAPEQUA PARK, WHICH IS WITHIN THE TOWN OF

OYSTER BAY. IF THE VILLAGE OF MASSAPEQUA PARK WANTED TO OPT INTO

THIS, THE TOWN OF OYSTER BAY DID NOT, THEY CAN'T STOP THE VILLAGE FROM

OPTING IN, CORRECT?

MS. WEINSTEIN: CORRECT, RIGHT.

MR. DURSO: OKAY.

MS. WEINSTEIN: IT CAN GO EITHER WAY. SO THE TOWN

ADOPTS A LAW --

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MR. DURSO: THE VILLAGE DOESN'T HAVE TO.

MS. WEINSTEIN: -- DECIDES TO OPT IN, THE VILLAGE

CAN ADOPT A LOCAL LAW TO OPT OUT.

MR. DURSO: OKAY.

MS. WEINSTEIN: THE TOWN DOESN'T -- YEAH, JUST SO

WE DON'T GET BACK AND FORTH --

MR. DURSO: IT COULD BE EITHER WAY, RIGHT, SO...

MS. WEINSTEIN: RIGHT, SO THE TOWN DECIDES NOT TO

OPT IN, THE VILLAGE THEN CAN INDEPENDENTLY DECIDE TO OPT IN.

MR. DURSO: OKAY. SO WITH THAT BEING SAID, THE

COUNTY, RIGHT, SO LIKE I LIVE IN NASSAU COUNTY, IF THE COUNTY WANTED TO

OPT IN ANY WAY, SHAPE OR FORM, IT DOES NOT SUPERCEDE THE VILLAGES, TOWN

OR CITIES THAT FALL WITHIN THAT COUNTY, CORRECT?

MS. WEINSTEIN: NO, THE COUNT -- YOU'RE CORRECT.

THE COUNTY CANNOT OPT IN, IT'S JUST THE TOWNS AND VILLAGES THAT HAVE THE

CHOICE OF OPTING IN, OPTING OUT DEPENDING ON WHAT THE OTHER DOES.

MR. DURSO: WHAT -- NOW, WHAT IF THE COUNTY, OR

LET'S SAY IN THIS CASE THE STATE, OWNS PROPERTY WITHIN THOSE TOWNS OR

VILLAGES AND WANTED TO BUILD HOUSING OR ANYTHING ELSE IN THOSE TOWNS

OR VILLAGES THAT DIDN'T OPT IN BUT IT'S STATE-OWNED OR COUNTY-OWNED LAND

AND THEY WANT -- WOULD THEY -- WOULD THEY BE ABLE TO SUPERCEDE THOSE

LOCAL ZONING LAWS (INAUDIBLE) IF THEY OPTED IN OR OPTED OUT? SO IN

OTHER WORDS, IF NEW YORK STATE OWNS A PIECE OF PROPERTY IN THE

VILLAGE OF MASSAPEQUA PARK AND THEY COULD BUILD HOUSING ON IT, CAN

THEY SUPERCEDE WHAT THE VILLAGE OR TOWN OR COUNTY OPTS IN OR DOES NOT

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OPT IN TO? BECAUSE I'M SURE THIS WILL COME UP WITH A LATER BILL TOWARDS

THE END OF SESSION.

MS. WEINSTEIN: WE BELIEVE THAT IF THE -- THE STATE

WERE TO, OR COUNTY WERE TO BUILD -- WERE TO BUILD PROPERTY, THEY COULD

HAVE AN AGREEMENT FOR THAT PARTICULAR PROPERTY THAT COULD BE DIFFERENT

THAT WHATEVER THE TOWN OR THE VILLAGE HAS.

MR. DURSO: AGREEMENT WITH WHO? WOULD THEY

HAVE TO MAKE THAT AGREEMENT WITH THAT LOCAL TOWN OR MUNICIPALITY, OR

CAN THE STATE COME IN AND SAY, OKAY, WE OWN TWO ACRES BY

MASSAPEQUA PARK TRAIN STATION, RIGHT, IT FALLS WITHIN THE VILLAGE OF

MASSAPEQUA PARK WHO DID NOT CHANGE THEIR LOCAL ZONING LAWS OR OPT IN

TO THIS, CAN THEY THEN BUILD HOUSING IN THAT AREA WITHOUT THE LOCAL

MUNICIPALITY OPTING IN TO THIS PROVISION BECAUSE IT'S STATE-OWNED LAND?

MS. WEINSTEIN: YES, YES.

MR. DURSO: THEY COULD. SO THE -- THE STATE COULD

SUPERCEDE THE LOCAL MUNICIPALITIES AND THE LAWS WHETHER THEY OPT IN OR

NOT, EVEN IF IT FALLS WITHIN THOSE MUNICIPALITIES WHO DID NOT OPT IN. SO

THE STATE BASICALLY CAN JUST DO WHATEVER THEY WANT.

MS. WEINSTEIN: FOR THAT PARTICULAR BUILDING AND

TENANTS, YES. THERE CAN BE RESTRICTIONS THE SAME WAY THAT THERE ARE

DIFFERENT INCOME LEVELS FOR PEOPLE COMING INTO A FACILITY OR A BUILDING.

MR. DURSO: SO IF THE STATE CAN DO IT, IF THE STATE

CAN DO IT AND OPT -- YOU KNOW, USE THAT PROPERTY IN THOSE AREAS, WHAT

STOPS THE COUNTY OR THE TOWN WHO MAY OWN PROPERTY WITHIN THOSE

MUNICIPALITIES THAT DIDN'T OPT IN FROM DOING THAT ALSO? IF THE STATE CAN

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FORCE THEMSELVES UPON THOSE MUNICIPALITIES, WHY CAN'T THE COUNTY OR

THE TOWNS DO THE SAME? BECAUSE WE'RE SAYING THE STATE COULD DO IT,

BUT YOU'RE SAYING NOBODY ELSE IS ALLOWED TO DO IT.

MS. WEINSTEIN: IF IT'S A GOVERNMENT-OWNED -- A

GOVERNMENT DEVELOPMENT AND OWNED DEVELOPMENT, THEY CAN SET THEIR

OWN RULES IN REGARD TO TENANTS IN THAT BUILDING, IRRESPECTIVE OF THE

COUNTY OR TOWN -- OR THE TOWN OR VILLAGE LAW.

MR. DURSO: SO THE -- AGAIN, SO IF IT'S A STATE-OWNED

PROPERTY, STATE-OWNED LAND, THE -- THE LOCAL MUNICIPALITIES OR THE

COUNTY CANNOT TELL THE STATE WHAT TO DO WHEN IT COMES TO THIS, WHEN IT

COMES TO AN OPT IN. THE STATE COULD DO WHATEVER THEY WANT.

MS. WEINSTEIN: IT'S NOT -- IT'S NOT LIMITED TO THIS. I

MEAN, THE LOCALITY CANNOT TELL THE STATE --

MR. DURSO: SO IT'S NOT REALLY --

MS. WEINSTEIN: -- WHAT TO DO WITH THAT --

MR. DURSO: -- IT'S NOT AN OPT IN, IT'S REALLY, YOU JUST

BETTER HOPE THAT THE COUNTY OR STATE DOESN'T OWN ANY LAND IN YOUR

MUNICIPALITY THAT YOU DON'T WANT THIS TO BE OPTED IN ON.

MS. WEINSTEIN: THE -- THE STATE CAN DECIDE, OR A

COUNTY CAN DECIDE TO BUILD A BUILDING FOR -- FOR TENANTS AND THEY CAN

CHARGE WHAT RENT THEY WANT TO CHARGE AND PUT RESTRICTIONS ON IT THEM --

THEMSELVES.

MR. DURSO: RIGHT. SO AGAIN, JUST TO BE CLEAR, THE

STATE OR THE LOCAL COUNTY CAN SUPERCEDE THE LOCAL MUNICIPAL LAWS ON AN

OPT IN AND OPT OUT IF THEY OWN PROPERTY WITHIN THAT MUNICIPALITY THAT

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DIDN'T OPT IN. THAT'S WHAT WE JUST SAID.

MS. WEINSTEIN: I DON'T BELIEVE WE'RE CHANGING THE

LAW --

MR. DURSO: NO, WE'RE JUST MAKING IT CLEARER.

MS. WEINSTEIN: -- AND I'M NOT QUITE SURE WHAT THE

OBJECTION WOULD BE FOR A TOWN OR -- THAT A TOWN OR VILLAGE WOULD HAVE

AN OBJECTION TO HAVING TEN -- TO HAVING RESIDENTS IN THEIR COMMUNITY

THAT HAVE PROTECTED RENTS.

MR. DURSO: WELL, BUT IF WE'RE NOT SURE IF THEIR --

WHAT THE OBJECTION WOULD BE, THEN IT WOULD JUST -- YOU WOULDN'T HAVE

OPT-IN OPTION, IT WOULD JUST BE FORCED UPON EVERYBODY, WHICH IT REALLY

ACTUALLY IS AS LONG AS THE STATE OWNS THE PROPERTY.

MS. WEINSTEIN: THERE IS NOTHING WE'VE DONE IN

THIS LEGISLATION THAT CHANGES ANY OF THE RIGHTS OR OBLIGATIONS OF THE

STATE AS IN REGARDS TO A BUILDING.

MR. DURSO: THANK YOU, MS. WEINSTEIN. I

APPRECIATE IT.

ON THE BILL, SIR, WITH THE COUPLE SECONDS I HAVE LEFT.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. DURSO: SO I -- I APPRECIATE THE CHAIR TAKING

THE QUESTIONS, AND -- AND LIKE SHE JUST FINISHED UP SAYING, THERE'S

NOTHING THAT CHANGES THE LAW THAT'S CURRENTLY STATED. IT ACTUALLY JUST

PUTS WINDOW DRESSING ON IT, WHICH IS BASICALLY SAYING THE STATE COULD

DO WHATEVER THEY WANT, AND THERE IS NO SUCH THING AS LOCAL CONTROL. IF

THEY OWN PROPERTY WITHIN YOUR MUNICIPALITY WHO DOES NOT WANT THESE

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-- MORE HOUSING BUILT, THEY DON'T FEEL THAT THEY HAVE THE INFRASTRUCTURE

FOR IT, THE STATE COULD SUPERCEDE THE LOCAL MUNICIPALITY AND DO THAT.

WHAT WE'RE ALSO DOING WITH THAT IS TELLING THEM THAT NOT ONLY CAN YOU

DO IT, AND NOT ONLY CAN YOU SUPERCEDE THE LOCAL MUNICIPALITIES, YOU

DON'T HAVE TO DO IT WITH UNION LABOR. YOU DON'T HAVE TO GIVE OUR LOCAL

UNIONS THE JOBS. WE'LL GIVE YOU A TAX BREAK AND MAYBE WE'LL PROTECT

YOU BY OMITTING IT AND EXPANDED RECOVERY TOOL SO THAT WE DON'T HAVE TO

HOLD BAD ACTORS ACCOUNTABLE. WHICH WAY ARE GOING WITH THIS BILL?

ACTUALLY, THE MORE I LOOK AT IT, I DON'T WANT TO VOTE FOR THIS BILL. I WAS

PRETTY CONVINCED NOT TO, AND NOW I'M SURE OF IT. THIS IS NOT PROTECTING

LABOR, THIS IS NOT PROTECTING OUR LOCAL MUNICIPALITIES, IT'S PUTTING THEM

IN DANGER.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. MCGOWAN.

MR. MCGOWAN: THANK YOU, MR. SPEAKER. WOULD

THE CHAIRWOMAN YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. MCGOWAN: THANK YOU, MADAM CHAIR. IT'S

BEEN A LONG DAY ALREADY, AFTER A LONG COUPLE OF DAYS, SO I APPRECIATE

YOUR INDULGENCE TO SOME OF MY QUESTIONS.

MS. WEINSTEIN: SURE.

MR. MCGOWAN: I'M GONNA TRY NOT TO COVER MANY

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OF THE AREAS THAT MY COLLEAGUES HAVE GONE INTO, BUT I WANT TO PICK UP

ON SOME QUESTIONS I HAVE ABOUT -- ABOUT THE OPT IN PROVISION.

MS. WEINSTEIN: SURE.

MR. MCGOWAN: I BELIEVE YOU STATED EARLIER THAT IF

A TOWN OPTS IN AND A VILLAGE THAT IS LOCATED WITHIN THE BOUNDARIES OF

THAT TOWN, THEY ESSENTIALLY OPT IN AS WELL UNLESS THEY TAKE ACTION TO OPT

OUT; IS THAT CORRECT?

(PAUSE)

MS. WEINSTEIN: SO I'M GLAD YOU ASKED THE

QUESTION, BECAUSE I THINK I'M CORRECTING SOMETHING THAT SAID I EARLIER.

SO, THE TOWN OPTS IN, THE -- IT COVERS THE VILLAGE UNLESS THE VILLAGE TAKES

ACTION. THE VILLAGE CANNOT OPT OUT -- THE VILLAGE CANNOT OPT OUT OF THIS

PROGRAM, BUT THEY CAN CHANGE THE PARAMETERS. SO THEY CAN LOWER THE --

THE LEVEL OF WHAT'S CONSIDERED LUXURY, THEY CAN REDUCE THE NUMBER OF

UNITS. BUT THEY WILL NEED TO MAINTAIN A GOOD CAUSE EVICTION POLICY

WITHIN THEIR JURISDICTION.

MR. MCGOWAN: OKAY. SO ALTHOUGH THIS BILL STATES

THAT OUTSIDE OF NEW YORK CITY, MUNICIPALITIES MUST OPT IN, A VILLAGE

THAT'S LOCATED WITHIN THE BOUNDARIES OF A TOWN THAT OPTS IN IS BOUND BY

THAT TOWN'S DECISION. IS THAT WHAT MY UNDERSTANDING IS NOW? THE

VILLAGE IS BOUND BY WHAT THE TOWN -- IF THE TOWN OPTS IN, THE VILLAGE IS

BOUND.

MS. WEINSTEIN: ONLY -- THE VILLAGE IS ONLY BOUND

IF THE TOWN OPTS IN. IF THE TOWN DOES NOT OPT IN, THE VILLAGE CAN, ON ITS

OWN, OPT INTO THIS PROGRAM.

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MR. MCGOWAN: OKAY. SO IT'S -- THE -- THE VILLAGE

WOULD THEN BE BOUND AND -- AND IT CANNOT PASS, THEN, ITS OWN LOCAL LAW

TO NOT PARTICIPATE IN THIS PROGRAM, IT CAN ONLY CHANGE SOME OF THE, I

GUESS, THE IMPLEMENTATION OF THIS LAW BASED UPON THE TOWN'S DECISION

TO OPT IN.

MS. WEINSTEIN: YES. CONSISTENT WITH WHAT I SAID,

THEY CAN PASS -- THE VILLAGE COULD PASS THEIR OWN LOCAL LAW AND LOWER

THAT -- WHAT UNITS ARE COVERED, THE DOLLAR VALUE OF UNITS THAT ARE

COVERED. YOU KNOW, DEPENDING HOW THEY LOWER IT, IT COULD EFFECTIVELY

MEAN THAT THEY'RE NOT PARTICIPATING.

MR. MCGOWAN: BUT THEY'RE STILL STUCK WITH THE

TOWN'S DECISION. IT'S A SEPARATE ENTITY, IT'S GOT ITS OWN ELECTED

LEADERSHIP, A MAYOR, TRUSTEES, THEIR OWN ZONING, THEIR OWN VILLAGE LAW,

AND THEY'RE STUCK WITH THE DECISION THE TOWN MAKES. IS THAT MY

UNDERSTANDING? THEY CAN'T GET OUT OF IT, THEY CAN ONLY MOVE THE GOAL

POSTS, IF YOU WILL. THEY CAN ADJUST THE STANDARDS, BUT THEY'RE STUCK

WITH THIS PROGRAM. SO IT REALLY ISN'T LOCAL, IT'S REALLY UP TO THE TOWN.

MS. WEINSTEIN: YES, IF THE TOWN OPTS -- OPTS IN.

BUT, YOU KNOW, IT CAN CHANGE THE GOAL POSTS, BUT THEY COULD BRING THE

GOAL POSTS PRETTY FAR BACK SO THAT EFFECTIVELY, IT WILL NOT MAKE -- AND

THAT'S CERTAINLY NOT THE -- THE DESIRE, BUT THEY COULD BRING THE GOAL POSTS

BACK SO THAT IT EFFECTIVELY WOULD NOT COVER MANY UNITS.

MR. MCGOWAN: I MEAN, MY UNDERSTANDING OF THE

POINT OF THIS WAS TO ALLOW -- FOR THE STATE NOT TO COME IN AND CREATE

SITUATIONS WHERE WE ERADICATE LOCAL ZONING AND CONTROL. AND ALTHOUGH

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I'M GLAD I DON'T LIVE IN NEW YORK CITY, I REPRESENT A DISTRICT OUTSIDE OF

NEW YORK CITY, AND THE TWO TOWNS THAT I REPRESENT CERTAINLY COULD

MAKE THAT DECISION, BUT THERE ARE A NUMBER OF VILLAGES LOCATED WITHIN

THOSE TOWNS. SO IT'S NOT REALLY -- I MEAN, IT DOES, IN SOME WAYS AND IN

SUBSTANTIAL WAYS, BECAUSE THERE ARE QUITE A NUMBER OF RESIDENTS IN MY

DISTRICT WHO LIVE IN THESE VILLAGES IN ROCKLAND COUNTY WHO ARE GONNA

POTENTIALLY BE BOUND BY THE DECISION THAT THE TOWN MAKES. SO THIS IS

NOT -- THIS DOES ERADICATE SOME LEVEL OF LOCAL ZONING AND CONTROL.

MS. WEINSTEIN: YOU KNOW, AGAIN, THE VILLAGE CAN

COME UP WITH A SCHEME OF WHAT THEY CONSIDER LUXURY, AND ALSO LIMIT OR

INCREASE THE NUMBER OF UNITS THAT WOULD BE PROTECTED AND CAN

EFFECTIVELY -- WHILE THEY CAN'T ACTUALLY OPT OUT, THEY CAN EFFECTIVELY

LIMIT THE NUMBER OF RESIDENTS THAT WOULD BE IMPACTED BY THIS LAW.

MR. MCGOWAN: WAS THERE ANY CONSIDERATION

GIVEN TO ALLOWING ACTUAL, A TRUE OPT IN TO NOT ERADICATE IN ANY WAY LOCAL

ZONING OR CONTROL?

MS. WEINSTEIN: LOTS OF THINGS WERE CONSIDERED,

AND THIS IS THE PROPOSAL THAT WE CAME UP WITH.

MR. MCGOWAN: SO THEN WHY WAS THE DECISION

MADE TO BOUND A VILLAGE BY A TOWN'S DECISION?

MS. WEINSTEIN: YOU KNOW, WE -- WE DO BELIEVE

THAT, OBVIOUSLY, THAT THESE PROTECTIONS ARE IMPORTANT, BUT GIVING THE

LOCAL CONTROL TO NOT BE FORCED TO ACCEPT THE PROPOSAL AND THE LIMITS THAT

ARE IMPOSED UPON NEW YORK CITY.

MR. MCGOWAN: MY LAST QUESTION ABOUT THE OPT IN.

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NYS ASSEMBLY APRIL 19, 2024

WHAT IF A VILLAGE IS CONTAINED WITHIN -- IS NOT WHOLLY CONTAINED WITHIN

ONE TOWN, BUT IS LOCATED AND CROSSES THE BORDER AND IS LOCATED WITHIN

TWO TOWNS? WHAT WOULD HAPPEN THEN?

MS. WEINSTEIN: WE WILL HAVE TO TAKE A LOOK AT

THAT. I DON'T THINK I CAN GIVE YOU A QUICK ANSWER.

MR. MCGOWAN: OKAY, I WOULD APPRECIATE THAT.

I WANT TO SWITCH TO RENT REGULATION UNDER GOOD CAUSE.

MS. WEINSTEIN: YES.

MR. MCGOWAN: THE RENT REGULATIONS, THE LOCAL

RENT STANDARD, DOES THAT APPLY TO ANY RESIDENCE OR ONLY A PRIMARY

RESIDENCE OF A TENANT?

MS. WEINSTEIN: ANY -- ANY RESIDENCE. I DO NOT

BELIEVE IT HAS TO BE THE PRIMARY RESIDENCE, AS IS IN NEW YORK CITY, AS

IN RENT STABILIZATION WHERE IT HAS TO BE YOUR PRIMARY RESIDENCE.

MR. MCGOWAN: SO, CORRECT, AS OPPOSED TO CURRENT

RENT STABILIZATION AND REGULATION WHERE IT MUST BE A PRIMARY RESIDENCE

OF THE TENANT. UNDER THIS LAW, THE LOCAL RENT STANDARDS, THE REGULATIONS

WOULD APPLY TO ANY RESIDENCE. SO IN OTHER WORDS, A TENANT COULD BE

RENTING TEN DIFFERENT UNITS AND THEY WOULD ALL -- AND OBVIOUSLY, ALL TEN

CAN'T BE THE PRIMARY RESIDENCE, ONLY ONE COULD. OR IN FACT, NONE OF

THEM COULD BE, THEY COULD BE DOMICILED IN ANOTHER STATE, BUT ALL OF

THEM WOULD BE SUBJECT TO THIS REGULATION, CORRECT?

MS. WEINSTEIN: YES.

MR. MCGOWAN: DOES THE LOCAL RENT STANDARD

APPLY TO SUBLEASES?

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MS. WEINSTEIN: WE BELIEVE THAT SUBLEASES ARE

EXEMPTED.

(PAUSE)

THEY ARE NOT SUBJECT TO -- OR THEY -- THEY -- IT -- IT GOES

BACK TO THE ORIGINAL TENANT IN TERMS OF AN ABILITY TO THE PROHIBITION ON

THE RENEW -- REMOVAL OF THE TENANT AND THE RENEWAL. DOES THAT MAKE

SENSE TO YOU?

MR. MCGOWAN: I -- I DON'T THINK SO, BUT...

MS. WEINSTEIN: SO LET ME -- LET ME GO THROUGH IT.

MR. MCGOWAN: PLEASE, THANK YOU.

MS. WEINSTEIN: SO THERE'S A SUBTENANT, THE

ORIGINAL TENANT'S LEASE IS ENDING, THE TERM OF THAT ORIGINAL LEASE ENDS.

NOW IN TERMS OF -- IN TERMS OF WHETHER THAT LEASE ENDS AS IT RELATES TO

THE ORIGINAL AND SUB -- SUBTENANT, IT GOES -- THE -- IT IS THE RENEWAL GOES

BACK TO THE ORIGINAL TENANT WHO HAS SUBLEASED. THE PROTECTION DOES

NOT CARRY OVER TO THE SUB -- TO THE SUBTENANT.

MR. MCGOWAN: SO THEN THERE'S NO CONTROL,

ESSENTIALLY THERE'S NO REGULATION UNDER THIS LAW OF ANY SUBLEASES THAT --

SO YOU HAVE THE ORIGINAL LEASE FROM THE LANDLORD/TENANT, AND THEN ANY

OTHER SUBLEASE ARRANGEMENTS WOULD NOT BE SUBJECT TO THIS LAW.

MS. WEINSTEIN: IT DOES NOT PROTECT THE SUB -- IT

DOES NOT PROVIDE THE ABILITY FOR A SUBTENANT SO SAY, I CANNOT BE -- I -- I

CANNOT BE REMOVED BECAUSE I'M NOW A TENANT. IT'S THE ORIGINAL TENANT

WHO SIGNED THE -- THE TERMS OF THE LEASE THAT IS COVERED BY THESE

PROTECTIONS.

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MR. MCGOWAN: SO UNDER THE EVICTION, THE GOOD

CAUSE PROTECTIONS, BUT ALSO THE -- THE REGULATION OF WHAT THAT SUBLEASE

RENT WOULD BE IS NOT REGULATED UNDER THIS LAW, CORRECT?

MS. WEINSTEIN: YES, THE CURRENT LAW.

MR. MCGOWAN: OKAY. THANK YOU, MADAM

CHAIR. I APPRECIATE YOUR TIME.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. MCGOWAN: YOU KNOW, WE LOOK AT THIS

MASSIVE BILL AND THERE IS SO MUCH CONTAINED WITHIN IT. THERE IS SO

MUCH POLICY. AND IT'S VERY UNFORTUNATE THAT WE'VE ONLY HAD IT IN OUR

POSSESSIONS FOR A FEW HOURS AND WE'RE -- WE'RE TAKING A LOOK AT IT AND

TRYING TO ANALYZE AND DIGEST ALL OF THIS THAT'S PACKED INTO THIS BILL.

THERE IS SO MUCH POLICY IN HERE, AND THERE ARE THINGS THAT -- THAT DON'T

MAKE SENSE. WE DON'T REALLY HAVE AN OPT IN WHEN IT COMES TO THESE

GOOD CAUSE PROTECTIONS. WE HAVE SORT OF AN OPT IN, AND VILLAGES ARE

BOUND BY WHAT THE TOWNS DO. THERE ISN'T REALLY AN ANSWER, AT LEAST ON

WHAT I HEARD THIS MORNING, ABOUT A VILLAGE THAT BORDERS TWO TOWNS,

WHICH IS SOMETHING -- OR IS CONTAINED WITHIN TWO TOWNS, WHICH IS A

SITUATION THAT I CERTAINLY HAVE IN MY DISTRICT AND I KNOW APPLIES IN

OTHER PLACES IN THE STATE. AND WHEN IT COMES TO THE RENT REGULATION,

THERE IS NOTHING UNDER THIS LAW STOPPING SOMEONE FROM BUYING UP AS

MANY APARTMENTS AS THEY WANT OR RENTING AS MANY APARTMENTS AS THEY

WANT, AND NOT LIVING IN ANY OF THEM AND THEN RENTING THOSE OUT,

SUBLEASING THOSE OUT, AND THESE PROTECTIONS DON'T APPLY. SO THERE'S

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NOTHING STOPPING SOMEONE FROM CREATING A SITUATION, CREATING MORE

SCARCITY OF HOUSING. IF THIS IS MEANT TO ADDRESS THE HOUSING

AFFORDABILITY CRISIS AND CREATE MORE HOUSING, I DON'T SEE HOW IT DOES IT.

AS MY COLLEAGUES HAVE POINTED OUT, THERE ARE MANY DEFICIENCIES WITHIN

THIS, AND WHEN YOU RUSH SOMETHING LIKE THIS INTO THE BUDGET

PROCEEDINGS, THIS IS THE RESULT YOU GET; A LOT OF QUESTIONS AND NOT A LOT

OF GREAT ANSWERS.

CONTAINED WITHIN THIS ARE SO MANY OTHER THINGS THAT

WE DIDN'T EVEN TOUCH UPON TODAY; THE TRANSFER ON DEATH DEED, WHICH IS

ANOTHER -- A TOOL SOMEBODY COULD USE IN THEIR ESTATE PLANNING. BUT I

FIND IT INTERESTING THAT WE ALSO HAVE NEW LAWS FOR DEED THEFT, WHICH I

THINK IS GREAT BECAUSE CERTAINLY SOMEONE COULD FRAUDULENTLY ACQUIRE

PROPERTY BY RECORDING A -- A FAKE OR FRAUDULENT DEED. SO WHEREAS WE

HAVE THOSE PROTECTIONS, BUT NOW WE'RE ALLOWING SOMEBODY TO TRANSFER

THEIR PROPERTY THROUGH A DEED. SO AGAIN, I THINK THOSE THINGS SHOULD BE

STANDALONE AND SHOULD ALLOW DEBATE AND ANALYSIS TO -- TO TAKE PLACE TO

GET TO THE BEST RESULT POSSIBLE FOR NEW YORKERS, NOT TO JAM EVERYTHING

INTO ONE BUDGET BILL.

WE TALKED ABOUT FARE EVASION ON TOP OF IT. WE'RE

GONNA LISTEN TO THE MTA BLUE RIBBONS PANEL ON LET'S JUST GIVE THEM A

WARNING? IT'S THEFT. WE ARE ALLOWING THEFT TO OCCUR AT THE COST OF NEW

YORKERS. BECAUSE THE MTA IS CONTINUALLY COMPLAINING ABOUT HOW

THEY DON'T HAVE ENOUGH MONEY TO PROVIDE SERVICES TO NEW YORKERS,

BUT WE'RE GONNA EXCUSE FARE BEATERS, WE'RE GONNA PUT THAT IN THIS BILL AS

WELL. CONGESTION PRICING. SO MANY THINGS THAT ARE PUT INTO THIS BILL,

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ELFA, AS WE REFER TO IT. IT SHOULD BE THE LOL BILL IN MY OPINION AND,

MR. SPEAKER, I WILL BE IN THE NEGATIVE.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GANDOLFO.

MR. GANDOLFO: THANK YOU, MR. SPEAKER. WOULD

THE CHAIRWOMAN YIELD FOR SOME QUESTIONS, PLEASE?

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

MS. WEINSTEIN: YES.

MR. GANDOLFO: THANK YOU, MADAM CHAIR. SO

MY QUESTION IS ABOUT SOMETHING THAT DIDN'T MAKE IT INTO THE ELFA BILL,

OR THE LOL BILL. SO THERE'S THE PROVISION THAT WAS PROPOSED, IT WAS

TALKED ABOUT BY THE -- TALKED A LOT BY THE -- BY THE GOVERNOR THAT WOULD

REPURPOSE REAL PROPERTY OWNED BY SUNY AND DOT FOR THE PURPOSE OF

HOUSING. THAT WAS OMITTED. SO I WAS CURIOUS, WHY WAS THAT OMITTED?

MS. WEINSTEIN: NORMALLY WE HAVE THE

DESCRIPTION OF WHAT IS BEING DONE WITH THE PURPOSES, AND WE JUST HAVE

NOT GOTTEN THOSE PARAMETERS ABOUT -- AS REGARD TO THAT LANGUAGE, SO IT

WAS OMITTED. IT IS POSSIBLE THAT -- THAT WE WILL, AFTER THE BUDGET, GET THE

EXACT -- WE DIDN'T EVEN GET THE EXACT LOCATIONS THAT WERE BEING

DISCUSSED.

MR. GANDOLFO: BECAUSE I AM AWARE OF A COUPLE

OF EXACT LOCATIONS THAT WERE DISCUSSED AND MENTIONED, ESPECIALLY ON

LONG ISLAND; SUNY FARMINGDALE, SUNY STONY BROOK AND A PROPERTY

OWNED BY THE DEPARTMENT OF TRANSPORTATION WITHIN THE TOWN OF

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BABYLON WERE ALL PUBLICLY-NAMED LOCATIONS THAT WERE BEING TARGETED TO

BE REPURPOSED FOR HOUSING. AND JUST GOING EVEN A LITTLE FURTHER ON THAT,

BACK IN THE CAPITAL BUDGET WE APPROVED THE $250 MILLION IN

RUSH-NY [SIC] FUNDING, AND THAT, TO ME, WAS BILLED AS SUPPORTING

SOME OF THESE INITIATIVES. SO HOW IS THAT CONNECTED? WHAT WILL THE

RUSH-NY [SIC] FUNDING BE USED FOR IF NOT FOR THESE SUNY AND DOT

REPURPOSINGS?

MS. WEINSTEIN: IN ORDER TO -- IN ORDER FOR US TO --

TO DO THESE -- THIS TYPE OF LEGISLATION IN -- IN THE PAST, IT'S NOT JUST SORT

OF IDENTIFYING IN AN ONLINE OR NEWSPAPER OR WHATEVER, IT'S THE ACTUAL

METES AND BOUNDS, THE REAL DESCRIPTION OF THE PROPERTY, AND WE DO NOT

HAVE THAT YET.

MR. GANDOLFO: OKAY. SO WE -- WE DON'T KNOW

WHAT THIS -- WHERE EXACTLY THIS FUNDING WILL BE USED TO REPURPOSE; IS

THAT CORRECT?

MS. WEINSTEIN: YES.

MR. GANDOLFO: OKAY, IT'S TO -- TO BE DETERMINED.

AND NOW, AS WE KNOW, THIS WAS FOR LOANS AND GRANTS FOR THE

ACQUISITION OF REAL PROPERTY; THE PLANS, DESIGNS, CONSTRUCTION, ALL TO

HELP WITH THAT, AND I KNOW THAT THE SUNY AND DOT PROPERTIES WERE

BEING CONSIDERED IN THE BUDGET BECAUSE THEY WERE -- REQUIRED STATUTORY

CHANGES IN ORDER TO BE REPURPOSED; IS THAT CORRECT?

MS. WEINSTEIN: YES. THAT'S CORRECT.

MR. GANDOLFO: SO NOW THAT THAT IS OUT, IS THE

STATE CONSIDERING ANY LANDS THAT DO NOT REQUIRE STATUTORY CHANGE TO --

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TO REPURPOSE FOR THE -- FOR HOUSING?

MS. WEINSTEIN: IT -- IT'S REALLY STILL EARLY IN THE

PROCESS SO WE WAIT FOR -- TO HAVE THOSE PROPERTIES SPECIFICALLY

DELINEATED BEFORE WE MOVE FORWARD ON THAT.

MR. GANDOLFO: OKAY. AND I MEAN, SO IS THERE

ANY PLAN GEOGRAPHICALLY, I MEAN I KNOW WE DON'T HAVE THE EXACT METES

AND BOUNDS, BUT ARE THERE ANY GENERAL LOCATIONS THAT THE STATE IS

LOOKING AT? ANY TYPES OF PROPERTIES, ANY GENERAL TYPES OF LOCATIONS

THAT WILL BE CONSIDERED?

MS. WEINSTEIN: WHERE WE KNOW THAT I THINK

AGENCIES, HAVE THE STATE AGENCIES HAVE BEEN DIRECTED TO LOOK FOR

APPROPRIATE PROPERTY, THAT THEY MAY BE UNDER THEIR CONTROL AND IDENTIFY

THOSE PROPERTIES, AND WHEN THAT -- WHEN THOSE PROPERTIES ARE IDENTIFIED

TO US WITH MORE -- WITH THE SPECIFICS, THEN WE CAN CERTAINLY LOOK AT --

AT THOSE PROPERTIES.

MR. GANDOLFO: OKAY. SO NOW THAT THE FUNDING

IS APPROPRIATED, THE STATE CAN JUST KIND OF DO A SEARCH AND PICK OUT

WHICH PROPERTIES THEY MIGHT BE ABLE TO ACQUIRE TO REPURPOSE FOR

HOUSING.

MS. WEINSTEIN: YES, YES. I THINK THAT'S A FAIR

DESCRIPTION.

MR. GANDOLFO: NOW ARE YOU AWARE -- ARE

PROPERTIES THAT THE STATE COULD ACQUIRE OR CURRENTLY OWN, IF THEY GO TO

REPURPOSE THEM, IS THAT SUBJECT TO LOCAL ZONING?

(PAUSE)

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MS. WEINSTEIN: YOU KNOW, I WOULD SAY GENERALLY

NO, BUT ANY INDIVIDUAL PROJECT COULD BE DETERMINED.

MR. GANDOLFO: OKAY. THANK YOU, MADAM

CHAIR.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GANDOLFO: JUST LOOKING AT THE WAY THIS

BUDGET HAS BEEN CRAFTED, A COUPLE OF DAYS AGO WE VOTED TO APPROVE

$250,000,000 IN RUSH FUNDING, AND AT LEAST TO ME WITH EVERYTHING

THAT WAS SAID PUBLICLY BY THE GOVERNOR, WHAT WAS REPORTED, THERE WAS

SPECIFIC AREAS THAT THIS WAS GOING TO BE USED FOR, NAMELY SUNY

FARMINGDALE, SUNY STONY BROOK, A DOT-OWNED PROPERTY WITHIN THE

TOWN OF BABYLON. SO WE APPROVED THE $250 MILLION IN RUSH

FUNDING TO SUPPORT THOSE RE -- THAT REPURPOSING OF THAT PROPERTY, BUT

THEN OVERNIGHT THE ELFA BILL DROPS AND SUDDENLY THOSE ARE NO LONGER

ON THE TABLE, THEY'RE OUT. SO NOW THERE'S THIS $250,000,000 POT OF

FUNDING THAT IS GOING TO BE USED TO REPURPOSE LAND THAT THE STATE EITHER

CURRENTLY OWNS OR WILL ACQUIRE, AND AS THE CHAIR SAID, IT MIGHT NOT BE

SUBJECT TO LOCAL ZONING. SO THIS TO ME IS A BAIT AND SWITCH WHERE IN THE

MIDDLE OF THE NIGHT THE WHOLE LANDSCAPE HAS CHANGED. WE DON'T KNOW

WHERE THE STATE IS GOING TO LOOK TO BUY PROPERTY, WHAT TOWNS, VILLAGES,

REGIONS. AND FORGIVE ME IF I'M CYNICAL, BUT OVER THE LAST COUPLE OF

YEARS WE'VE SEEN THE GOVERNOR LAMBASTE LOCAL ZONING LAWS, MAKE

ATTEMPTS TO EITHER MANDATORILY APPROVE ADUS TO OVERRIDE LOCAL ZONING

FOR CERTAIN DENSITY WHEN IT'S ON LOCAL MUNICIPALITIES. SO SOMETHING

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DOESN'T FEEL RIGHT ABOUT THIS APPROVING THE FUNDING FIRST, GETTING RID OF

WHERE IT WAS ORIGINALLY SUPPOSED TO GO, AND I JUST THINK IT SPEAKS

VOLUMES ON HOW DYSFUNCTIONAL THIS BUDGET PROCESS IS, HOW IT'S JUST PUT

TOGETHER PIECEMEAL, BILLS ARE DROPPING IN THE MIDDLE OF THE NIGHT AND AT

THE END OF THE DAY NOW WE DON'T KNOW, THERE'S A LOT OF UNCERTAINTY. SO

ALTHOUGH THERE ARE SOME POSITIVE THINGS IN THIS BILL, I AM HAPPY TO SEE

THE POA REQUIREMENTS FOR LARGE-SCALE SUNY PROJECTS, I THINK THAT'S

GREAT. I'M DISAPPOINTED THAT WE DID NOT APPROVE THE WAGE THEFT

PROTECTION FOR OUR WORKERS. AND AGAIN, THIS SEEMS TO BE AN END RUN

AROUND LOCAL ZONING AND IT'S SOMETHING THAT I JUST CAN'T SUPPORT. THANK

YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU.

MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL CHAIR

WEINSTEIN YIELD FOR JUST A QUICK QUESTION?

MS. WEINSTEIN: SURE.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MS. WALSH: MAYBE MORE THAN ONE QUESTION. THE

QUESTION HAS TO DO WITH ACTUALLY PART Y, I DON'T THINK THAT WE COVERED

THIS YET. IT'S THE CHANGE TO THE SOCIAL SERVICES LAW. IT TALKS ABOUT -- IT

SAYS THAT OCFS CAN -- SHALL ESTABLISH A DIFFERENTIAL PAYMENT RATE FOR

CERTAIN TYPES OF CHILD CARE SERVICES THAT ARE GOING TO BE PROVIDED BY

LICENSED OR REGISTERED DAY CARE PROVIDERS. NOW I REMEMBER DURING THE

BUDGET HEARINGS, THERE WAS SOME TALK ABOUT HELPING IN THE INSTANCE

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WHERE PEOPLE NEED TO WORK NON-TRADITIONAL HOURS, AND I -- I DO SEE THAT

IN SECTION B, SUBDIVISION B. BUT IT ALSO TALKS ABOUT ESTABLISHING A

DIFFERENTIAL PAYMENT RATE FOR THOSE WHO PROVIDE CARE TO A CHILD OR

CHILDREN EXPERIENCING HOMELESSNESS. WHY ARE WE DOING THAT?

(PAUSE)

MS. WEINSTEIN: MY UNDERSTANDING IS THIS IS

ALREADY BEING DONE. WE'RE JUST INCREASING THE RATE.

MS. WALSH: TO 10 PERCENT?

MS. WEINSTEIN: I BELIEVE IT'S 5 PERCENT CURRENTLY.

MS. WALSH: OH, SO GO FROM 5 TO 10 PERCENT, OKAY.

AND THEN I ALSO SEE IN PART Y THAT IT ALSO SAYS IN THE CATCHALL LAST

SUBSECTION THAT NOTHING IN THE SUBDIVISION SHALL BE CONSTRUED TO LIMIT

THE AUTHORITY OF OCFS TO ESTABLISH ADDITIONAL DIFFERENTIAL PAYMENT

RATES BY REGULATION. SO IN OTHER WORDS NOT HAVING TO COME BACK TO US;

IS THAT CORRECT?

MS. WEINSTEIN: YES, THAT'S ACCURATE.

MS. WALSH: DO YOU HAPPEN TO KNOW IF THERE ARE

ANY MORE DIFFERENTIAL PAY RATES THAT ARE BEING CONTEMPLATED?

MS. WEINSTEIN: NOT AT THIS -- I'M NOT AWARE OF

ANYTHING AT THIS TIME.

MS. WALSH: OKAY. DO YOU -- DO YOU HAPPEN TO

KNOW WHAT THE FISCAL IMPACT WOULD BE OF THE ESTABLISHMENT OF THESE

TWO DIFFERENTIAL PAY RATES OR THEY ACTUALLY INCREASE FROM 5 TO 10

PERCENT, AS YOU JUST SAID, FOR THOSE TWO NON-TRADITIONAL HOURS AND ALSO

THE HOMELESS CHILDREN?

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: WE -- WE HAVE APPROPRIATED $13

MILLION IN THE BUDGET TO -- FOR THIS PROVISION.

MS. WALSH: OKAY, VERY GOOD. THANK YOU. I WAS

JUST CURIOUS ABOUT THAT ONE. I DO HAVE ONE OTHER QUESTION THAT CAME IN

UNDER THE WIRE --

MS. WEINSTEIN: I SAW THAT QUESTION COMING IN.

MS. WALSH: DID YOU SEE THAT GET SLID OVER? ALL

RIGHT.

SO THIS HAS TO DO WITH GOOD CAUSE EVICTION. WOULD

THE GOOD CAUSE EVICTION LAW IMPAIR THE ENFORCEMENT OF EXISTING

CONTRACTS THAT HAVE AN ESCALATION CLAUSE THAT EXCEEDS CPI PLUS 5

PERCENT.

(PAUSE)

MS. WEINSTEIN: IT WOULD -- SO AT -- I UNDERSTAND

WHERE THE -- WELL, FIRST OF ALL, I DON'T THINK THERE ARE THAT -- I WOULD JUST

THINK THAT'S MORE TRADITIONAL IN A BUSINESS LEASE THAN IN A RESIDENTIAL

LEASE WHERE YOU WOULD HAVE A LONG SCHEDULE OF GOING FORWARD OF -- OF

WHAT THE RENTS WOULD -- WOULD BE, BUT AT -- AT RENEWAL TIME THAT -- THAT

WOULD BE DETERMINED AS THE RENEWAL LEASE WOULD NEED TO SAY THAT IT IS

EITHER PART OF GOOD CAUSE. I -- I WOULD SAY THAT IF -- HOLD ON ONE

SECOND BEFORE I SAY ANYTHING.

(PAUSE)

JUST DIDN'T WANT ANYBODY TO CORRECT ME AFTERWARDS. I

WOULD SAY THAT IF IT IS -- IF THERE IS A LEASE THAT'S IN PLACE WHERE PERHAPS

JUST VERY LOW AMOUNT BELOW WHAT WOULD OTHERWISE MAY GET THAT LEASE

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EXEMPT, THAT TENANT EXEMPT BECAUSE IT'S RIGHT BELOW THE LEVEL OF WHAT

WOULD BE CONSIDERED LUXURY, AND THEN WITHIN THAT -- THAT LEASE THERE

WAS AN ESCALATION -- THERE WAS A RIGHT OF RENEWAL AT A CERTAIN RENT THAT

WOULD THEN BRING IT ABOVE THE -- ABOVE WHAT IS CONSIDERED THE LUXURY --

WOULD BRING IT INTO THE LUXURY EXEMPTION THAT IT WOULD NO LONGER BE

SUBJECT TO GOOD CAUSE. SUBJECT TO BE CORRECTED BY SOME LAWYERS

AROUND ME.

MS. WALSH: THANK YOU VERY MUCH, MADAM CHAIR.

AND AT THIS POINT, THOSE ARE THE QUESTIONS I HAD AND, MR. SPEAKER, ON

THE BILL.

(PAUSE)

ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: THANK YOU SO MUCH. SO I WANT -- I

WANT TO FOCUS ON THE POSITIVE ASPECTS OF THIS LEGISLATION BEFORE I LARGELY

- I GUESS - I THINK REPEAT A LOT OF WHAT MY COLLEAGUES HAVE -- ON THIS

SIDE OF THE AISLE HAVE SAID AND -- AND WILL BE SAYING AS THEY EXPLAIN

THEIR VOTES. I'M GLAD FOR THE FOUNDATION AID STUDY, I THINK IT'S REALLY

NECESSARY. I THINK THAT THE TRANSPORTATION AID REIMBURSEMENT ON THE

ZERO EMISSION SCHOOL BUSES, THAT -- THAT WAS A FIX THAT NEEDED TO

HAPPEN. WE HEARD ABOUT THAT ALL THROUGH THE EDUCATION BUDGET

HEARING SO I'M GLAD TO SEE THAT THAT WAS FIXED. AND ALSO ON UPK, THE

SUPPLEMENT, NOT SUPPLANT, THE FIX IN THAT LANGUAGE WAS ALSO SOMETHING

THAT WAS ASKED FOR AND I -- I THINK WILL BE VERY HELPFUL. AND I'M GLAD

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THAT THAT CHANGE WAS MADE. I'M ALWAYS GLAD TO SEE THE LOCALLY-SOURCED

FOOD REIMBURSEMENT IN THE EDUCATION PORTION OF THE BUDGET. I -- I FEEL

THAT THAT'S A GREAT SUPPORT FOR SOME OF OUR LOCAL AG, AND I LIKE THE IDEA

-- I LIKE THE FIXES THAT I SAW WITH TAP, I REALLY DID. I THOUGHT THAT TAP

FOR PART-TIME STUDENTS AND THE -- THE CHANGE IN THRESHOLD, THAT'S HELPFUL

AS THE -- THE PARENT OF OUR YOUNGEST IS GETTING READY TO GO TO SCHOOL,

EVERY SINGLE BIT HELPS AND -- AND TAP WILL HELP A LOT OF FAMILIES AND A

LOT MORE FAMILIES NOW. SO I'M GRATEFUL FOR THAT. AND I JUST HAVE TO SAY

THAT AS FAR AS SAMMY'S LAW, YOU KNOW, MY -- MY DEAR FRIEND AMY

COHEN WORKED SO HARD FOR THAT AND I'M -- I'M GLAD TO SEE FOR HER THAT

THIS WAS DONE TO FEEL THAT SOMETHING GOOD CAME FROM SUCH AN AWFUL

TRAGEDY WITH HER SON, AND I'M GLAD FOR HER.

ON THE NEGATIVE SIDE, WHICH I'M AFRAID I HAVE TO GET

TO. ALL RIGHT. SO THIS -- THIS SCHOOL BUS RESOURCE CENTER, SO THE -- THE

GENTLEMAN TO MY RIGHT FOUND HUMOR IN A DIFFERENT SECTION OF THE

BUDGET. I GOT LAUGHING ABOUT THE ZERO EMISSION SCHOOL BUS RESOURCE

CENTER BECAUSE I FEEL LIKE THE -- THERE SHOULD BE A HOTLINE THAT'S CALLED

1-800-WE-CAN'T-AFFORD-THIS. I -- I JUST -- YOU TALK ABOUT DOUBLING

DOWN IN THE BUDGET ON THIS SCHOOL BUS ELECTRIFICATION. I MEAN MY

GOODNESS, BETWEEN ALL OF THE DIFFERENT PRESSERS THAT WE'VE HAD, THE --

THE TIME -- THE TIME THAT I PERSONALLY, NOT JUST ME, BUT SO MANY OF US

SPENT DURING BUDGET HEARINGS REALLY EXPOSING JUST THE COMPLETE

UNWORKABILITY TO OUR SCHOOL DISTRICTS OF THAT PROPOSAL AND THE FACT THAT

NONE OF IT GOT ROLLED BACK IN THE SLIGHTEST, BUT WE'RE GOING TO HAVE A

RESOURCE CENTER NOW TO BE ABLE TO -- TO TELL THESE I FOUND EXTREMELY

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NYS ASSEMBLY APRIL 19, 2024

KNOWLEDGEABLE PUPIL TRANSPORTATION HEADS. THEY -- THEY KNOW HOW

MUCH THIS COSTS. THEY KNOW THAT THEY CAN'T AFFORD IT. I GOT A SCHOOL

DISTRICT IN MY -- IN MY DISTRICT THAT WAS TOLD THAT THEY'RE -- IT'S GOING TO

COST THEM $30 MILLION TO JUST BRING THE POWER ON TO THE CAMPUS TO BE

ABLE TO CHARGE THE FLEET THAT THEY'RE GOING TO BE REQUIRED TO HAVE. IT IS

JUST INCREDIBLY UNWORKABLE AND I -- I'LL SAY IT AGAIN. I SAID IT DURING I

THINK THE DEBATE ON THE ONE-HOUSE BUDGET. WE'VE GOT TO DO SOME

WORK IN THIS AREA AND GET REAL BECAUSE THAT'S NOT REAL AND CREATING --

CREATING A RESOURCE CENTER TO GIVE MORE DOCUMENTATION TO SCHOOL

DISTRICTS WHO ALREADY KNOW THEY CAN'T AFFORD IT, IT'S -- IT'S JUST SILLY, IT

DID MAKE ME LAUGH. THE FASFA COMPLETION FOR HIGH SCHOOL STUDENTS

IS -- I PERSONALLY AM OFFENDED BY IT. I THINK IT'S JUST ONE MORE WAY TO

MAKE A NON-COLLEGE-BOUND STUDENT FEEL STUPID, AND I DON'T THINK IT

BELONGS IN OUR BUDGET, I DON'T THINK IT BELONGS -- I DON'T THINK IT

BELONGS THERE. THERE ARE PLENTY OF PEOPLE WITHIN ANY SCHOOL THAT ARE

ENCOURAGING KIDS TO GET ANY KIND OF FINANCIAL AID THAT THEY CAN GET AND

CERTAINLY THE FASFA IS A HECK OF A LOT MORE ACCESSIBLE THAN -- THAN THE

KIND OF FINANCIAL AID FORMS THAT MY POOR FATHER HAD TO -- HAD TO DO

DOWN IN THE BASEMENT WHEN I WAS GETTING READY TO GO TO COLLEGE, BUT I

-- I JUST THINK REQUIRING IT OR REQUIRING A WAIVER TO BE SIGNED IS JUST -- I

THINK IT'S A SLAP IN THE FACE TO ALL OF THOSE KIDS FOR WHOM GOING ON TO

SECONDARY -- GOING ON TO COLLEGE IS JUST NOT SOMETHING THAT'S IN THEIR

GAME PLAN, YOU KNOW. I DON'T LIKE IT.

THE LAST THING I'LL REALLY TALK ABOUT IS REALLY THE MOST

TALKED ABOUT THING. I WILL SAY THAT, YOU KNOW, IF THIS IS OUR BIG UGLY,

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NYS ASSEMBLY APRIL 19, 2024

YOU KNOW, ASIDE FROM GOOD CAUSE EVICTION AND THOSE -- WHICH IS THE

BIG PART OF IT, IT'S REALLY -- IT'S -- IT'S NOT AS UGLY AS IT USUALLY IS. I MEAN I

GUESS IT -- WE CAN, YOU KNOW.

(LAUGHTER)

MAYBE -- I MEAN WE'RE GOING TO COME BACK AND WE'VE

GOT PLENTY -- PLENTY MORE WEEKS TO -- TO REALLY CONTINUE TO ADD ONTO IT,

BUT AS FAR AS WHAT'S ACTUALLY IN THIS, YOU KNOW, GOOD CAUSE IS THE BIG

-- IS THE PIECE OBVIOUSLY THAT WE'RE ALL KIND OF CHOKING ON A LITTLE BIT.

SO I'LL SAY THIS: YOU KNOW EVERYONE KEEPS REFERRING TO A HOUSING

CRISIS, AND WHEN I THINK OF A CRISIS I THINK OF SOMETHING THAT IS

IMMEDIATE, EMERGENT, HAIR ON FIRE, WE GOT TO FIX IT RIGHT NOW. BUT THIS

HAS BEEN GOING ON FOR A REALLY LONG TIME. I STARTED DOING SOME

RESEARCH AND I WAS DIGGING, I DID A DEEP DIVE ONE NIGHT AND WAS

READING THE NEW YORK TIMES FROM 1974. AND ARTICLES BACK FROM THAT

TIME IN THE CITY AND WHAT -- WHAT WAS HAPPENING WITH HOUSING IN A BIG

INFLATIONARY TIME IN NEW YORK CITY. AND ONE OF THE QUOTES THAT STUCK

OUT TO ME WAS, "DISCUSSIONS ABOUT FAIRNESS OF RENTS TO TENANTS ARE

MEANINGLESS IF NO ONE CAN AFFORD TO OPERATE AND MAINTAIN THE

BUILDINGS." AND I THINK THAT THAT'S A LOT OF THE CONVERSATION THAT WE'VE

BEEN HAVING TODAY AND THAT WE'VE BEEN HAVING ABOUT THIS PART OF THE

BUDGET. SINCE, YOU KNOW, SINCE 2019 I THINK THAT THERE HAVE BEEN AS

MY -- THE COLLEAGUE TO MY RIGHT DETAILED I THINK BETTER THAN ANY OF US

COULD, THERE'S BEEN A WORSENING OF THE SITUATION, AND I WON'T TALK ABOUT

ALL OF THOSE AGAIN, BUT YOU KNOW THERE HAVE BEEN A NUMBER OF THINGS

THAT HAVE BEEN PUT INTO PLACE THAT ARE REALLY MAKING IT NEARLY

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NYS ASSEMBLY APRIL 19, 2024

IMPOSSIBLE, CERTAINLY NOT ATTRACTIVE TO ENTICE THE -- THE VOLUNTARY

CREATION OF ADDITIONAL HOUSING OPPORTUNITIES. AND I MEAN, I THINK THAT

MY CONSTITUENTS HAVE BEEN TELLING ME LOUD AND CLEAR THAT, YOU KNOW, AS

WE TALK ABOUT OUR DECLINING POPULATION IN NEW YORK STATE, THEY'RE

AFRAID AND I'M AFRAID THAT WE'RE GOING TO LOSE MORE IF THEY CAN'T LIVE,

WORK AND OWN PROPERTY HERE OR RENT PROPERTY HERE AT A REASONABLE RATE.

SO I THINK THAT ONE OF THE THINGS I WOULD POINT OUT IS THAT IN MY NECK OF

THE WOODS WE DON'T HAVE HOUSING COURT. WE'VE GOT TOWN COURTS.

WE'VE GOT A COUPLE OF CITIES, SMALL CITIES, CITY COURTS AND SOME VILLAGE

COURTS. THEY'RE THE ONES THAT ARE GOING TO BE HANDLING ALL OF THESE

ISSUES THAT ARE GOING TO RISE FROM THE -- THE NEW WAY OF APPROACHING

THE EVICTIONS. AND I -- I JUST THINK THAT IF YOU LOOK AT WHAT HAPPENED

DURING COVID AND THE BACKLOG THAT WE EXPERIENCED BECAUSE WE

ESSENTIALLY, YOU KNOW, BLOCKED ALMOST ALL EVICTIONS, I CAN ONLY IMAGINE

WHAT THIS IS GOING TO DO TO OUR COURT SYSTEM, OUR LOCAL COURT SYSTEM, SO

I HAVE A LOT OF CONCERNS ABOUT THAT.

YOU KNOW, NEW YORK STATE ALREADY OFFERS A NUMBER

OF SUBSIDIES, RENT CONTROLS, TENANT PROTECTIONS AND I THINK IF WE REALLY

WANT TO SEE THE AMOUNT OF HOUSING STOCK TO INCREASE, WE NEED TO GIVE

THE FREE MARKET A CHANCE TO WORK AND TO SERVE THE DEMAND AND TO PUT

FORWARD THEIR OWN CREATIVE SOLUTIONS RATHER THAN HAVING IT TRY TO COME

FROM THIS BODY. I THINK WITH THE PASSAGE OF TIME, IF WE DO THAT, WE

MIGHT BE ABLE TO UNDISTORT THE HOUSING MARKET, BUT I THINK THAT THIS

NEEDS TO BE DONE NOT WITH STATE MANDATES AND DRACONIAN I THINK

LEGISLATION LIKE GOOD CAUSE EVICTION BUT WITH PERSUASION, WITH

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NYS ASSEMBLY APRIL 19, 2024

ENTICEMENTS, WITH -- WITH TAKING -- TAKING THE -- THE BARRIERS AWAY AND

MAKING IT SEEM MORE ATTRACTIVE. THE GOVERNOR I THINK AND OVERALL,

AND I KNOW THAT IN THIS WAY I AM DIFFERENT MAYBE FROM THE

BINGO-LOVING, PUZZLE-MAKING COLLEAGUES I'VE GOT ON THE OTHER SIDE OF

THE AISLE, SOMETIMES. I THINK WE NEED TO MEDDLE LESS SOMETIMES AND I

THINK WE NEED TO ALLOW MARKET FORCES TO WORK.

SO PRIMARILY FOR THE REASON OF GOOD CAUSE EVICTION I

-- I WILL NOT SUPPORT THIS ELFA BILL, BUT I THANK YOU, MR. SPEAKER, FOR

THE CHANCE TO SPEAK.

ACTING SPEAKER AUBRY: THANK YOU.

MS. GIGLIO.

MS. GIGLIO: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

MS. WEINSTEIN: YES, MR. SPEAKER.

MS. GIGLIO: OKAY. SO I'D LIKE TO TALK TO YOU ABOUT

THE GOOD CAUSE EVICTION AND THEN ALSO THE AFFORDABLE NEIGHBORHOODS

FOR NEW YORKERS, SO YOUR TEAM CAN PREPARE TO HELP YOU ANSWER THE

QUESTIONS, THANK YOU. SO WHEN IT COMES TO GOOD CAUSE EVICTION

WHERE IT SAYS THAT A SUBLESSOR CANNOT BE ELIGIBLE FOR EVICTION ACTUALLY,

THEY WOULD NOT BE ABLE TO BE EVICTED, BUT WHAT IF --

MS. WEINSTEIN: NO. THEY -- THEY WOULDN'T BE

ELIGIBLE FOR THE PROTECTIONS.

MS. GIGLIO: OH, FOR THE PROTECTIONS.

MS. WEINSTEIN: NOT THAT THEY WOULDN'T BE ELIGIBLE

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NYS ASSEMBLY APRIL 19, 2024

MS. GIGLIO: BUT WHAT IF SOMEBODY WHO IS THE

ORIGINAL SUBLESSOR THAT NOW SUBLEASES IT, WHAT IF IT'S IN THE ORIGINAL

SUBLESSOR'S LEASE THAT THEY CAN'T SUBLET THE UNIT AND THEY'RE CAUGHT

SUBLETTING THE UNIT AND NOW THEY'RE TRYING TO RECOVER THE UNIT. AND SO

WOULD THAT PERSON BE ABLE TO BE EVICTED BECAUSE THEY ILLEGALLY SUBLET

THE UNIT?

MS. WEINSTEIN: YES. THAT WAS -- WHEN I WENT

THROUGH ALL OF THE LIST OF REASONS YOU COULD BE EVICTED WITH MR. RA, ONE

OF THEM IS THAT THE TENANT IS VIOLATING THE TERMS OF THE TENANCY AND HAS

NOT CURED THE VIOLATION AFTER WRITTEN NOTICE. SO IF THE LANDLORD WERE TO

FIND THAT THE TENANT WHO WOULD BE PROTECTED HAD SUBLET THEIR UNIT AND

THE LEASE SAID YOU CAN'T SUBLET, THAT WOULD BE A VIOLATION THAT IF THEY

DIDN'T -- IF THEY WERE NOTIFIED AND DIDN'T REGAIN THEIR APARTMENT, THEY

COULD BE -- THE LEASE COULD BE TERMINATED.

MS. GIGLIO: OKAY. AND THEN MY NEXT QUESTION IS

THE UNITS THAT QUALIFY AS A SEASONAL DWELLING UNIT. WHAT DEFINITION ARE

YOU USING FOR A SEASONAL DWELLING UNIT, BECAUSE LOCAL LAWS HAVE

REQUIREMENTS THAT SAY THAT IT CAN'T BE TRANSIENT HOUSING, IT HAS TO BE 27

DAYS OR MORE. SO IF SOMEONE IS RENTING IT FOR SAY AN AIRBNB FOR A

COUPLE NIGHTS HERE AND A COUPLE NIGHTS THERE. WOULD -- WOULD THIS LAW

USURP LOCAL ZONING LAWS THAT SAY THAT YOU CAN'T HAVE TRANSIENT HOUSING

FOR LESS THAN 27 OR 30 DAYS?

MS. WEINSTEIN: NO, AND THE DEFINITION IS WITHIN

EXISTING GENERAL OBLIGATION [SIC] LAW.

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MS. GIGLIO: OKAY. SO THE -- THE TOWN COULD PURSUE

THE LANDLORD THAT'S USING OR THIS PROPERTY AS TRANSIENT RENTAL AND IF IT'S IN

VIOLATION OF THE TOWN LAWS THEY CAN EVICT NOT ONLY THE TENANT BUT THEN

THE OWNER OF THAT SEASONAL HOUSING WOULD BE -- AND -- AND YOU WERE

STILL GOING TO GET ME THE DEFINITION OF WHAT SEASONAL HOUSING IS.

MS. WEINSTEIN: THE GENERAL OBLIGATION [SIC]

LAW HAS THE DEFINITION OF SEASONAL.

MS. GIGLIO: OKAY. SO ON TO THE AFFORDABLE

NEIGHBORHOOD FOR NEW YORKERS. SO IT SAYS THAT THEY MAY BE ELIGIBLE --

AN APPLICANT MAY BE ELIGIBLE FOR A 40 YEAR, 35 YEAR, 20 YEAR OR 10 YEAR

EXEMPTION. WHO QUALIFIES ELIGIBILITY?

(PAUSE)

MS. WEINSTEIN: NEW YORK CITY WOULD.

MS. GIGLIO: SO THE -- THE CITY COUNCIL, THE MAYOR,

THE CITY COUNCIL, THE -- YOU KNOW...

(PAUSE)

MS. WEINSTEIN: HPD, SIMILAR TO HOW THEY HAVE IN

THE PAST.

MS. GIGLIO: OKAY. AND THIS SAYS THAT IT WOULD BE

ABLE TO APPLY TO ANY PROJECTS BETWEEN JUNE 15TH OF 2022 AND JUNE 15TH

-- AND PROJECTS THROUGH JUNE 15TH OF 2034.

MS. WEINSTEIN: CORRECT. AND IT WOULD HAVE TO BE

COMPLETED BEFORE JUNE 15TH OF 2038.

MS. GIGLIO: OKAY. SO ARE THE CURRENT TAXES THAT

THAT PROPERTY IS GENERATING IN ORDER TO PAY FOR THE SCHOOLS AND TO PAY

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FOR THE SEWERS AND TO PAY FOR THE, YOU KNOW, ALL THE TAXES THAT NEW

YORK CITY BUILDINGS PAY, IF IT'S A RENOVATION OR IF IT'S A NEW BUILDING,

YOU KNOW, ARE ANY OF THOSE -- ARE THOSE JUST WIPED AWAY TO ZERO AND

THEN PICKED UP BY THE REST OF THE RESIDENTS OF NEW YORK CITY? OR WILL

THE BASE TAXES THAT THEY'RE ALREADY PAYING HAVE TO BE CONTINUED TO BE

PAID AND ANYTHING THAT MAY BE MORE OF WHAT THEY'RE CURRENTLY PAYING

WOULD BE DELAYED FOR A FULL TAXATION?

(PAUSE)

MS. WEINSTEIN: THEY CONTINUE TO PAY THE TAX AS

THEY'VE BEEN PAYING BUT IF IT'S OVER -- IF IT'S A UNIT THAT'S OVER 150 -- A

BUILDING THAT'S OVER 150 UNITS, THEN THEY WOULD -- IN 150 TOTAL UNITS OR

MORE LOCATED WITHIN THE ZONE A OR ZONE B, THEY WOULD BE EXEMPT

FROM TAXATION.

MS. GIGLIO: SO YOU COULD POTENTIALLY CONVERT AN

OFFICE BUILDING TO HOUSING AND WIPE AWAY ALL THE TAXES THAT THAT

COMMERCIAL BUILDING IS CURRENTLY PAYING AND PUT KIDS INTO THE SCHOOL

DISTRICT AND SCHOOL SYSTEM WITHOUT PAYING ANY TAXES FOR MAYBE 25 --

10, 20, 35 OR 40 YEARS?

MS. WEINSTEIN: I BELIEVE YOU ARE CORRECT AND I

APPRECIATE YOUR CONCERN ABOUT THE HEALTH OF NEW YORK CITY'S TAX BASE.

MS. GIGLIO: YEAH, WELL, I THINK THAT A LOT OF MY

COLLEAGUES SHOULD PROBABLY BE CONCERNED ABOUT THAT, TOO. SORRY, MR.

SPEAKER, JUST A LITTLE COMMENTARY.

SO WHAT IF -- SO WOULD IT BE RETROACTIVE? SO IF IT'S

JUNE 15TH OF 2022, THE PROJECT'S ALREADY COMPLETED, THEY'RE ALREADY

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NYS ASSEMBLY APRIL 19, 2024

PAYING TAXES, CAN THEY GO AND SAY WELL, WE DON'T WANT TO PAY TAXES

ANYMORE?

MS. WEINSTEIN: NO, IT'S FROM THE TIME OF THE LAW

GOING FORWARD.

MS. GIGLIO: BUT IT SAYS THAT IT'S TO ANY PROJECTS, THE

TAX BENEFITS FOR CREATING MULTIPLE DWELLINGS WOULD APPLY TO ANY

PROJECTS BETWEEN JUNE 15TH OF 2022 AND JUNE 15TH OF 2034, SO WE'RE IN

2024. SO FROM JUNE OF 2022 UNTIL NOW, IF ANY OF THESE CONVERSIONS

HAVE HAPPENED AND THEY HAVE HAD TO PAY TAXES ON THE RESIDENTIAL UNITS,

CAN THEY COME IN AND SAY WELL, IT SAYS JUNE OF 2022, I'M ELIGIBLE SO I

DON'T WANT TO PAY THOSE TAXES?

MS. WEINSTEIN: RIGHT. SO I THINK YOU ARE TALKING

ABOUT WHEN YOU GO TO THE JUNE 20 -- 15 OF 2022, THE 421-A -- WHAT

WE'RE JUST TALKING ABOUT WHAT WE LABELED 421-A VESTED PROJECT

EXTENDER. SO THESE ARE PROJECTS THAT WERE STARTED WITH THE

CONTEMPLATION THAT 421-A WOULD BE A CONTINUING PROGRAM AND THEN AT

THE TIME THEY ARE CLOSE TO -- SO THEY COMMENCE. WHEN THEY COMMENCE

THEIR CONSTRUCTION, 421-A PROGRAM WAS -- WAS IN EFFECT, IT THEN LAPSED.

WE ARE ALLOWING THOSE PROJECTS IF ONCE THEY SUBMIT A LETTER OF INTENT TO

HPD INDICATING THAT THEY WILL APPLY FOR 421-A. ONCE CONSTRUCTION IS

COMPLETE, THEN THEY WOULD YES, BE SUBJECT TO THE TAX EXEMPTION

PROVISIONS.

MS. GIGLIO: OKAY, SO IT'S NOT AUTOMATIC. THEY

HAVE TO APPLY, ANYBODY HAS TO APPLY FOR THESE EXEMPTIONS, 10, 20, 25,

30.

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: YES, FOR THE ONES THAT ARE -- HAD

STARTED CONSTRUCTION BEFORE THE JUNE 2022 DATE WITH THE --

MS. GIGLIO: OKAY.

MS. WEINSTEIN: -- AND HAD CONTEMPLATED THE COST,

ET CETERA, AS BEING HAVING HAD THAT EXEMPTION AND THEN THE EXEMPTION

DISAPPEARED. WE ARE ALLOWING BY APPLICATION FOR THEM TO IN EFFECT

REAPPLY TO BE COVERED BY THE OLDER PROGRAM.

MS. GIGLIO: OKAY. AND THEN IT SAYS THAT THE, YOU

KNOW, DEPENDING ON THE LOCATION, THE CONSTRUCTION PROJECT LABOR

AGREEMENTS WOULD BE REQUIRED BUT RIGHT NOW NEW YORK STATE LAW SAYS

THAT IF THE BENEFITS TO AN APPLICANT ARE 30 PERCENT OR MORE, THEN THEY

HAVE TO USE A PROJECT LABOR AGREEMENT. SO DOES THIS DO AWAY WITH THAT

SECTION OF THE LAW? I MEAN BECAUSE PROPERTY TAX FOR 10, 20, 35, 40

YEARS, I MEAN THOSE BENEFITS, PLUS WHO KNOWS HOW MUCH MONEY

THEY'RE GOING TO GET OUT OF THE BUDGET THAT WE JUST ADOPTED TO BUILD

THESE AFFORDABLE HOUSING UNITS, BUT IF THOSE BENEFITS EQUATE TO MORE

THAN 30 PERCENT OF THE COST OF THE BUILDING, THEN PROJECT LABOR

AGREEMENTS ARE CURRENTLY REQUIRED. SO DOES THAT JUST DO AWAY WITH THAT

30 PERCENT THRESHOLD? BECAUSE IT'S DEFINITELY GOING TO BE MORE THAN 30

PERCENT 'CAUSE -- UNLESS THEY'RE GOING TO SPEND, YOU KNOW, HUNDREDS OF

MILLIONS OF DOLLARS ON A BUILDING, AND WHO'S ANALYZING THE CONSTRUCTION

COSTS TO MAKE SURE THAT THOSE ARE HONEST NUMBERS AND THAT IT'S NOT

EXCEEDING THE 30 PERCENT?

MS. WEINSTEIN: SO, YOU KNOW, SINCE WE'RE TALKING

ABOUT NEW YORK CITY PROJECTS, THEY CURRENTLY HAVE AN ELEVATED

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MINIMUM WAGE REQUIREMENT.

MS. GIGLIO: SO THEY DON'T HAVE THE 30 PERCENT

THRESHOLD OVER 250,000 AS I BELIEVE IT SAYS IN THE STATE LAW?

MS. WEINSTEIN: SO THE CONSTRUCTION WORK -- THE --

THE MINIMUM WAGE FOR 100 OR MORE UNITS FOR A LARGE RENTAL PROJECT IS

$40 AN HOUR. IT INCREASES 2.5 PERCENT A YEAR FOR OVER 150 OR 150 MORE

UNITS IS $72.45, PLUS, YOU KNOW, AGAIN, THAT'S 2.5 PERCENT OR 65 PERCENT

OF THE GREATEST PREVAILING WAGE.

MS. GIGLIO: AGAIN, I THINK IT CONTRADICTS THE STATE

LAW BECAUSE THE PROJECT LABOR AGREEMENTS AND WHAT IS PAID AND

WHETHER APPRENTICESHIP IS REQUIRED IS REALLY BASED ON WHAT THE LOCAL

UNIONS ARE PAYING THEIR EMPLOYEES PER HOUR. AND THOSE RATES SOUND

MUCH LOWER THAN WHAT THEY WOULD PAY THE -- WHAT THE UNIONS WOULD

PAY THEIR EMPLOYEES, ESPECIALLY IN NEW YORK CITY.

MS. WEINSTEIN: WELL, THESE ARE THE -- CARVED OUT

FOR THE ZONES A AND ZONES B WHICH ARE LISTED IN THE -- IN THE STATUTE AS

THE AFFORDABILITY --

MS. GIGLIO: WHICH IS PROBABLY WHERE THE MOST

CONSTRUCTION IS GOING TO HAPPEN AND PROBABLY COULD BE EMPLOYING A LOT

OF APPRENTICES, WHICH IS PART OF A WORKFORCE PROGRAM, WORKFORCE

DEVELOPMENT, GETTING PEOPLE GOOD JOBS, PAYING GOOD WAGES SO THEY

CAN AFFORD TO STAY IN NEW YORK. SO WE'RE GOING TO EXEMPT THE TWO

BIGGEST AREAS IN NEW YORK CITY FROM HAVING TO, YOU KNOW, DO THIS

REQUIREMENT. I MEAN THERE'S NOT ENOUGH MONEY IN THE BUDGET THIS YEAR

FOR PUBLIC WORKS PROJECTS THAT WOULD KEEP LIVING WAGES OR HIGH UNION

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WAGES GOING FOR THE ENTIRE YEAR. NOW YOU'RE GOING TO EXEMPT TWO BIG

-- TWO OF THE BIGGEST CONSTRUCTION AREAS IN NEW YORK STATE AND -- AND

YOU'RE GOING TO BLOCK UNIONS AND -- AND APPRENTICES OUT OF IT. SO I -- I

HAVE A PROBLEM WITH THAT, AND I ALSO WANT TO KNOW IF THE SCHOOLS HAVE

BEEN ASKED ABOUT THIS BECAUSE YOU'RE TALKING ABOUT THOUSANDS AND

THOUSANDS OF UNITS. WE WERE FACING CUTS IN THE BUDGET FOR EDUCATION

AND NOW YOU'RE GOING TO BE ADDING ALL THESE SCHOOLS -- ALL THESE KIDS TO

THE SCHOOL WITHOUT ANY TAXES. WHO'S GOING TO PAY FOR -- TO EDUCATE ALL

THESE KIDS?

MS. WEINSTEIN: THE -- THE TOTAL TAXES FOR NEW

YORK CITY WILL REMAIN -- THAT ARE COLLECTED WILL REMAIN THE SAME.

MS. GIGLIO: OKAY. SO IF A -- IF A PROJECT DEVELOPER

-- I MEAN IS THIS GOING TO TOTALLY ELIMINATE IDAS FROM REVIEWING THESE

PROJECTS BECAUSE THE STATE LAW WILL TRUMP LOCAL IDAS?

MS. WEINSTEIN: IDAS WILL NOT BE INVOLVED IN ANY

OF THIS.

MS. GIGLIO: WELL, WHAT IF THEY HAVE A CURRENT IDA

AND SOMEBODY COMES IN AND SAYS I WANT A 40 YEAR, YOU KNOW, TAX

EXEMPTION, BECAUSE THERE IS A PROVISION FOR 421-P, WHICH I CONSIDER

PROBLEM PRE-EXEMPTION THAT ALLOWS A LOCAL OPTION ANY CITY, TOWN OR

VILLAGE OUTSIDE OF NEW YORK CITY TO PROVIDE A 25 YEAR REAL PROPERTY

TAX EXEMPTION. SO I GUESS IT'S AN OPTION FOR THEM TO SAY OKAY, WE'RE

NOT -- YOU DON'T HAVE TO GO THROUGH THE IDA, WE'RE JUST GOING TO GIVE

YOU 25 YEARS?

MS. WEINSTEIN: I THINK THAT YOU'RE MIXING UP THE

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IDAS WITH THESE AFFORDABILITY ZONES SO --

MS. GIGLIO: WELL, IS THAT A -- IS THAT A -- IS THAT --

CAN THEY EXEMPT A PROJECT OR DO THEY HAVE TO EXEMPT ANY PROJECT

WITHIN THE TOWN OR THE JURISDICTION?

MS. WEINSTEIN: SO NOW THAT WE'VE MOVED OUT OF

NEW YORK CITY PER THE IDAS ARE NOT IMPACTED BY THIS STATUTE. THIS IS

OUTSIDE OF THE IDA LAW.

MS. GIGLIO: OKAY. THANK YOU, MADAM CHAIR.

AND MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MA'AM.

MS. GIGLIO: SO IN THE INTEREST THAT WE'RE CALLING

THIS BILL THE ELFA: EDUCATION LABOR AND FAMILY ASSISTANCE, WHERE'S

THE LABOR? WE'RE TALKING ABOUT MILLIONS OF NEW YORK STATE DOLLARS

GOING TO BUILD PROJECTS TO HELP PEOPLE HAVE AFFORDABLE HOUSING BUT AT

THE SAME TIME WE'RE TELLING SKILLED WORKERS THAT THERE'S NOTHING IN IT FOR

YOU. I -- I DON'T UNDERSTAND THAT. AND TO ME, THE LANGUAGE IS

CONTRADICTORY WHEN IT COMES TO THE 30 PERCENT THRESHOLD FOR PROJECT

LABOR AGREEMENTS ON ANY JOB THAT THE STATE PROVIDES FUNDING FOR IN

NEW YORK STATE. AND TO ME, A -- A 40 YEAR TAX BREAK IS A STATE

PAYMENT TO THIS -- TO THIS DEVELOPER OR THIS PROJECT. SO MR. SPEAKER,

I'LL BE VOTING IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. BRONSON.

MR. BRONSON: THANK YOU, MR. SPEAKER. WOULD

THE CHAIR YIELD FOR A COUPLE OF QUICK QUESTIONS?

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NYS ASSEMBLY APRIL 19, 2024

ACTING SPEAKER AUBRY: MS. WEINSTEIN?

MS. WEINSTEIN: YES.

MR. BRONSON: THANK YOU, CHAIR. YOU KNOW, I'M

-- I'M REALLY PLEASED TO SEE THAT WE HAVE SOME MEASURES IN THIS BUDGET

THAT WILL ENCOURAGE THE BUILDING OF HOUSING STOCK, AND IN PARTICULAR

AFFORDABLE HOUSING, AS WELL AS TENANT PROTECTIONS. OF COURSE WE COULD

HAVE DONE MORE BUT THIS IS A REALLY GOOD APPROACH AT THE BEGINNING.

THAT SAID, I HAVE A CLARIFYING QUESTION ON THE HOUSING PROVISIONS IN

PART U. THIS ESTABLISHES A NEW TAX INCENTIVE IN SECTION 485-X OF THE

REAL PROPERTY TAX LAW, AND THE PROPOSAL ALSO APPLIES CERTAIN

REQUIREMENTS UNDER SECTION 220 OF THE LABOR LAW IN RELATION TO THE

PAYMENT OF CONSTRUCTION WORKERS; IS THAT CORRECT?

MS. WEINSTEIN: YES, YOU ARE CORRECT.

MR. BRONSON: ALL RIGHT. SO JUST THAT WE'RE CLEAR

THOUGH, THERE'S A PARTICULAR DEFINITION IN PART U RELATING TO THE

DEFINITION OF WAGES. BUT I WANT TO MAKE SURE THAT IN NO WAY IS THAT

CHANGING THE CALCULATION OF WAGES UNDER THE CURRENT LABOR LAW

SECTION 220 AS IT RELATES TO CERTAIN PAYROLL TAXES.

MS. WEINSTEIN: YOU KNOW, CERTAINLY OUR INTENT IS

NOT TO ALTER THE PRESCRIBED CALCULATION OF WAGES UNDER SECTION 220 OF

THE LABOR LAW.

MR. BRONSON: GREAT. SO -- SO THAT'S GOING TO

REMAIN THE SAME.

MS. WEINSTEIN: CORRECT.

MR. BRONSON: AND -- AND I REALLY APPRECIATE IT.

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NYS ASSEMBLY APRIL 19, 2024

THANK YOU, CHAIR.

MS. WEINSTEIN: SURE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: HOLD ON.

ON A MOTION BY MS. WEINSTEIN, 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: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE WILL GENERALLY BE IN THE NEGATIVE. THOSE WHO WOULD LIKE

TO VOTE OR FEEL COMPELLED TO VOTE IN THE POSITIVE SHOULD DO SO AT THEIR

DESKS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SOLAGES.

MS. SOLAGES: THE MAJORITY CONFERENCE WILL BE

VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. DINOWITZ TO EXPLAIN HIS VOTE.

MR. DINOWITZ: THANK YOU. LET ME START OFF BY

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NYS ASSEMBLY APRIL 19, 2024

SAYING I AM VOTING YES. I'M VOTING YES ENTHUSIASTICALLY AND I'M

GRATEFUL TO OUR SPEAKER, OUR CHAIR OF WAYS AND MEANS, OUR AMAZING

STAFF BECAUSE THIS BILL HAS SO MUCH IN IT THAT IS GOING TO DO SO MUCH

GOOD FOR SO MANY PEOPLE IN THE STATE OF NEW YORK, BUT I DID WANT TO

TALK ABOUT ONE THING. IAIS. WE'VE CREATED A TWO TIER -- TWO TIERS OF

INDIVIDUAL APARTMENT IMPROVEMENTS IN THIS LEGISLATION AND THE HIGHER

TIER IS INTENDED TO APPLY TO LIMITED, LIMITED SITUATIONS WHERE THERE'S A

NEED FOR ADDITIONAL IMPROVEMENTS TO BE MADE IN AN APARTMENT. HCR

HAS TO ISSUE ROBUST RULES TO ENSURE THAT IAIS ARE NOT ABUSED AND IN THE

PAST THEY HAVE BEEN ABUSED AND ABUSED NOT JUST IN ISOLATED INSTANCES.

WE HAVE TO MAKE SURE THAT THE ONLY APARTMENTS THAT CAN ACCESS THE

HIGHER TIER ARE THOSE APARTMENTS WHICH NEED IT. THE PURPOSE OF THIS

CHANGE IS NOT TO REWARD THE LANDLORDS WHO ARE WAREHOUSING

APARTMENTS, AND AS WE KNOW LOTS AND LOTS OF APARTMENTS IN THE CITY OF

NEW YORK HAVE BEEN WAREHOUSED CONTRIBUTING TO THE HOUSING SHORTAGE

THAT HAS BEEN USED AS A JUSTIFICATION TO TRY TO BUILD MORE AND MORE

HOUSING, WAREHOUSING. BUT RATHER IT'S TO ENABLE SUBSTANDARD

APARTMENTS TO BE RETURNED TO THE MARKET.

ALSO, I WANT TO END UP BY SAYING THAT NOTHING IN HERE

SHOULD BE TAKEN AS A SIGNAL THAT ANY EFFORTS IN THE FUTURE TO BACKSLIDE

ON THE HSTPA WILL BE TOLERATED. I'M TALKING ABOUT MCIS AND THINGS

LIKE THAT. THESE ARE THINGS THAT ARE GOING TO BE FOUGHT IN THE FUTURE IF

WE TRY TO TAKE BACK THE WONDERFUL THINGS THAT WE HAVE DONE IN 2019 IN

THE HSTPA, SO WITH THAT I VOTE YES.

ACTING SPEAKER AUBRY: MR. DINOWITZ IN THE

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NYS ASSEMBLY APRIL 19, 2024

AFFIRMATIVE.

MR. MCDONALD.

MR. MCDONALD: THANK YOU, MR. SPEAKER. I JUST

WANT TO MENTION A FEW ITEMS IN REGARDS TO THIS BUDGET THAT I THINK

BENEFITS ALL NEW YORKERS AND ITEMS THAT ACTUALLY I THINK MY

CONSTITUENTS ARE PLEASED ABOUT. FIRST OF ALL, FOR THE FIRST TIME IN OVER 15

YEARS AN INCREASE IN AIM FUNDING TO LOCAL GOVERNMENTS, LONG, LONG

OVERDUE. YES, WE RESTORED CHIPS FUNDING, BUT LET'S ALSO NOT FORGET

THAT BETWEEN THE FOUR OTHER CATEGORIES, OVER $1 BILLION IN AID OF VARIOUS

DIFFERENT ROLE RECOVERY PROJECTS ARE OUT THERE EACH AND EVERY YEAR. WE

CONTINUE TO HOLD THE LINE ON MEDICAID COSTS FOR OUR LOCAL COUNTIES. I

THINK PEOPLE FORGET THAT IN THE LAST SEVERAL YEARS WE HAVE TAKEN OVER

$37 BILLION OF MEDICAID FUNDS OFF THE BACKS OF COUNTIES, AND MANY OF

OUR COUNTIES HAVE RESPONDED BY LOWERING PROPERTY TAXES FOR OUR

CONSTITUENTS. WE INVEST IN ECONOMIC AND WORKFORCE DEVELOPMENT

PROJECTS, ON RAMP A NEW PROJECT I'M VERY EXCITED ABOUT THAT WILL HAVE

AN IMPACT IN THE CAPITAL REGION, AND A MAP PROGRAM THAT WILL HAVE A

MAJOR IMPACT ON WORKFORCE DEVELOPMENT HERE IN THE CITY OF ALBANY

AND THE CAPITAL REGION. WE RESTORED A HALF-A-BILLION DOLLARS IN CLEAN

WATER INFRASTRUCTURE FUNDING, WHICH IS CRITICAL FOR OUR LOCAL

GOVERNMENTS. WE HAD OUR THIRD YEAR OF COLA INCREASES FOR THOSE

INDIVIDUALS WHO CARE FOR THE DISABLED AND INFIRMED. ANOTHER YEAR OF

INCREASES ON MEDICAID RATES FOR HOSPITALS, NURSING HOMES AND ASSISTED

LIVING FACILITIES. ANOTHER YEAR, A SECOND YEAR OF FUNDING FOR ALIVE

DOWNTOWNS TO HELP OUR HISTORIC VENUES THAT ARE CRITICAL TO OUR

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NYS ASSEMBLY APRIL 19, 2024

DOWNTOWN CITIES RECOVERIES. AND YES, WE TOOK AGGRESSIVE STEPS TO

ADDRESS RETAIL ORGANIZED CRIME AND REPEAT SHOPLIFTING. ITEMS THAT THE

PUBLIC ARE SURELY CONCERNED ABOUT. AND AT THE SAME TOKEN I THINK IT

GOES WITHOUT -- THAT IT SHOULD NOT GO WITHOUT MENTION THAT THIS $237

BILLION BUDGET DID NOT RAISE TAXES ON MANY OF THE INDIVIDUALS

THROUGHOUT THIS STATE. THAT IS SOMETHING THAT MY TAXPAYERS, MY

RESIDENTS ARE ALSO CONCERNED ABOUT. I DO HAVE CONCERNS ABOUT THE

CHANGES OF THE CDPAP PROGRAM, BUT I KNOW THAT DOH AND THE

GOVERNOR WORKING TOGETHER WITH THE LEGISLATURE CAN WORK HARD FOR A

VERY SEAMLESS TRANSITION.

SO MR. SPEAKER, I THANK YOU FOR YOUR LEADERSHIP. I

THANK OUR COLLEAGUES FOR WORKING TOWARDS COMPROMISE ON ISSUES THAT

WE ALWAYS DIDN'T AGREE ON, AND AT THE SAME TOKEN, MR. SPEAKER, I REALLY

THANK YOU FOR YOUR PATIENCE. THANK YOU. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. MCDONALD IN THE

AFFIRMATIVE.

MR. EPSTEIN TO EXPLAIN HIS VOTE.

MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO

EXPLAIN MY VOTE. I JUST WANT TO THANK THE CHAIR OF WAYS AND MEANS

AND THE SPEAKER. FIRST, I WANT TO OUTLINE A HUGE PROBLEM FOR MY

COMMUNITY WHICH IS THE CHANGES IN INDIVIDUAL APARTMENT

IMPROVEMENTS OR IAIS. AS WE HEARD EARLIER, THIS INCREASE IN THIS

TWO-TIERED SYSTEM IS RIPE FOR FRAUD AND WILL REALLY DETRIMENTALLY HURT

MY COMMUNITY. IT'S SOMETHING THAT WE SHOULD REALLY LOOK BACK AT.

BUT ON THE UPSIDE, JUST A FEW YEARS AGO THE IDEA OF PASSING LEGISLATION

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NYS ASSEMBLY APRIL 19, 2024

TO ENABLE ACCESSORY DWELLING UNITS AND LEGALIZING BASEMENT CELLAR

APARTMENTS SEEMED IMPOSSIBLE. TODAY WE'RE STANDING UP FOR THOSE

TENANTS WHO HAVE BEEN LEFT BEHIND. WE CANNOT FORGET THE 11 NEW

YORKERS WE LOST IN BASEMENT APARTMENTS DUE TO FLOODING JUST A FEW

YEARS AGO. WE ARE MAKING TENANT SAFETY A PRIORITY BY TAKING STEPS TO

MAKE THESE APARTMENTS SAFER AND LEGALIZING AND RECOGNIZING TENANTS

RIGHTS AND TENANT PROTECTIONS. WE ARE -- WE ARE PROTECTING THE FIRST

RESPONDERS WHO GO INTO THESE UNITS BY SHARING THAT THESE UNITS HAVE

APPROPRIATE EXITS TO SAFE FEATURES. WE WANT TO SUPPORT THE

HOMEOWNERS WHO WANT TO DO THE RIGHT THING IN THESE -- IN OUR

COMMUNITIES. WE'RE HELPING FAMILIES WHO WANT TO STAY TOGETHER BY

CREATING INCENTIVES TO BUILD ACCESSORY DWELLING UNITS AROUND THE STATE

THAT FIT INTO THEIR COMMUNITIES, PROVIDE HOUSING FOR GENERATION AND

NEWCOMERS AS WELL AS ENVIRONMENTALLY-SOUND DEVELOPMENTS. WE'RE

INVESTING IN HOUSING AND GETTING BACK TO THE (INAUDIBLE) PROGRAMS

CREATED LIKE MITCHELL-LAMA. WE'RE ALSO STANDING UP FOR MARKET RATE

TENANTS, FOR TENANT PROTECTIONS LIKE IN MY DISTRICT IN WATERSIDE PLAZA,

THIS TENANT PROTECTION WILL HELP 700 FAMILIES GAIN NEW PROTECTIONS

WHICH THEY DON'T HAVE TODAY. THIS WILL HELP POTENTIALLY MILLIONS OF

TENANTS ACROSS THE CITY. I KNOW WE NEED TO DO MORE, BUT WE NEED TO

CONTINUE TO FIGHT FOR TENANT PROTECTIONS. ELEVEN OF MY NYCHA

DEVELOPMENTS WILL GET $140 MILLION CITY-WIDE FOR THE CAPITAL NEEDS.

YOU KNOW, WE'RE MAKING OUR STREETS SAFER BY SAMMY'S LAW AND TAKING

A LOSS OF LIFE AND CHANGING IT TO LOWER OUR SPEED LIMITS. WE CAN'T

IGNORE OUR INVESTMENTS IN EDUCATION, FUNDING PRE-K THROUGH 12 AND

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MAKING SURE THERE'S A MAINTENANCE AFTER TO MAKE SURE THAT FUNDING

GOES TO OUR SCHOOLS. WE'RE SUPPORTING CUNY AND SUNY, THE CAPITAL

AND FUNDING, INCREASE CAPITAL FOR OUR INSTITUTION WHICH IS CRITICAL.

INCREASING TAP AWARDS WILL HELP MIDDLE-CLASS NEW YORKERS TO ENSURE

THAT THEY CAN GET TO NEW YORK. FOR FORMING TIER 6, AFFECTING THOSE

PEOPLE WHO OBSTRUCT THEIR PLACE IN TRYING TO GET HUNDREDS OF THOUSANDS

OF DOLLARS FROM FOLKS WHO DO OBSTRUCT THEIR PLACE TO STOP AND TO ENSURE

THAT THOSE WHO DO HAVE CONSEQUENCES. WHILE I DON'T SUPPORT THIS

MAYORAL CONTROL BECAUSE THE STATE EDUCATION DEPARTMENT RECENTLY

WROTE A REPORT --

ACTING SPEAKER AUBRY: MR. EPSTEIN.

MR. EPSTEIN: YEAH, BUT IT'S A MISTAKE IN POLICY. I

ENCOURAGE US TO --

ACTING SPEAKER AUBRY: HOW DO YOU VOTE?

MR. EPSTEIN: -- TO KEEP UP FIGHTING AND I WILL VOTE

IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. STECK - THREE MINUTES IS WHAT YOU GET. NO, TWO

MINUTES IS WHAT YOU GET.

MR. STECK: AS ONE OF MY ECONOMICS PROFESSOR

SAID, OUR CAPITALIST ECONOMIC SYSTEM IS A DEMOCRACY. WE VOTE WITH

OUR DOLLARS AS TO GOODS AND SERVICES WE WANT PRODUCED. HOWEVER,

SOME HAVE BILLIONS OF VOTES, WHILE OTHERS HAVE THOUSANDS. AN

OVERPRODUCTION OF LUXURY GOODS IS THE INEVITABLE RESULT SO GOVERNMENT

HAS TO STEP IN. THAT IS WHAT WE SEE IN THE HOUSING MARKET. THERE'S NO

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NYS ASSEMBLY APRIL 19, 2024

SHORTAGE OF GROWTH IN LUXURY APARTMENTS, ANYWHERE. IN ALBANY WE SEE

MANY NEW APARTMENTS ADVERTISED AS LUXURY. ON THE OTHER HAND IN

SCHENECTADY, WE SEE BEAUTIFUL NEW PUBLIC HOUSING. I SUPPORT PUBLIC

HOUSING. THE NEW YORK TIMES DID AN EXCELLENT SERIES ABOUT HOW THE

CITY OF VIENNA, AUSTRIA SOLVED ITS HOUSING CRISIS BY BUILDING PUBLIC

HOUSING IN THE 1920S AND MAINTAINING IT IN THE FUTURE. NOT LIKE HERE

WHERE WE PLEDGE ALLEGIANCE TO THE DOGMA OF THE MARKET. I NOTE ALSO AN

EXCELLENT ARTICLE BY ANDREW WAITE IN THE DAILY GAZETTE, THE

SCHENECTADY PAPER. HE WROTE THAT PEOPLE LEAVING EXPENSIVE LARGE

CITIES AND GOING TO LESS EXPENSIVE PARTS OF OTHER AREAS LIKE PARTS OF

UPSTATE NEW YORK IS A NATIONAL PHENOMENON. THE MIDDLE CLASS THAT

CANNOT AFFORD OUTRAGEOUS HOUSING COSTS IS MOVING. MY OWN DAUGHTER

IS MOVING FROM NEW YORK CITY TO POUGHKEEPSIE FOR THIS VERY REASON,

AND HIGH HOUSING COSTS ADVERSELY AFFECT ECONOMIC GROWTH SINCE PEOPLE

LACK SUFFICIENT DISPOSABLE INCOME TO SPEND ON OTHER GOODS AND

SERVICES. I VOTE IN THE AFFIRMATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MS. GLICK TO EXPLAIN HER VOTE.

MS. GLICK: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME TO EXPLAIN MY VOTE. I WANT TO THANK THE SPEAKER AND THE CHAIR OF

WAYS AND MEANS FOR ALL THEIR WORK. I AM THRILLED THAT SAMMY'S LAW

WILL BE INCLUDED IN THE BUDGET. IT WILL ALLOW NEW YORK CITY TO LOWER

SPEED LIMITS IN SOME PLACES. A BIG THANK YOU TO FAMILIES FOR SAFER

STREETS WHO HAVE LOST LOVED ONES TO TRAFFIC CRASHES. TURNING THEIR GRIEF

INTO ADVOCACY, THEY DESERVE TO BE HONORED. HOWEVER, I AM

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NYS ASSEMBLY APRIL 19, 2024

DISAPPOINTED AT THE WHOLESALE LIFTING OF THE FLOOR AREA RATIO PUTTING

THOUSANDS OF SMALLER BUILDINGS WITH AFFORDABLE HOUSING AT RISK BECAUSE

OF REAL ESTATE SPECULATION AND GREED. THE APPROPRIATE FIRST STEP TO

CONVERT COMMERCIAL BUILDINGS TO RESIDENTIAL HOUSING, THOSE BUILDINGS

MANY OF THEM WOULD NEED THE LIFTING OF THE CAP AND THAT IS A GOOD AND

FINE IDEA, AS LONG AS AFFORDABLE HOUSING IS INCLUDED AND PROTECTION

LABOR -- AND LABOR PROTECTIONS. THE GUARDRAILS INCLUDED IN THE FAR

LIFTING ARE WEAK IN COMPARISON TO THE POWER OF REAL ESTATE INTEREST AND

WILL NEED TO BE VIGOROUSLY ENFORCED THOUGH I HAVE LITTLE CONFIDENCE IN

THE ABILITY OF AGENCIES TO STEM THE TIDE OF DISPLACEMENT, ESPECIALLY IN

DISTRICTS LIKE MINE. FURTHER, THE ERASURE OF THE URBAN SKY LIMITING AIR

AND LIGHT IS COUNTER TO THE GOALS OF THE CLCPA. IT WILL MAKE NEW

YORK LESS LIVEABLE. WE HAD THE UPZONINGS OF MIKE BLOOMBERG AND THE

RESULT WAS A HUGE INCREASE IN HOMELESS FAMILIES. SOMETHING THAT

HADN'T BEEN THE CASE BEFORE. THIS WILL BE A NEW AND DREADFUL WAVE OF

GENTRIFICATION, NOT AN INCREASE IN AFFORDABILITY. THE GOVERNOR'S

AGENCIES WILL HAVE TO REDOUBLE THEIR PROTECTION OF TENANTS IN NEW

YORK, THOUGH THE REAL PRICE WILL BE PAID BY AVERAGE NEW YORKERS WHO

WILL HAVE TO FIGHT TO KEEP A ROOF OVER THEIR HEADS AND I'M PLEASED AT THE

UPDATING OF TAP, LONG OVERDUE.

WITH THAT, I WITHDRAW MY REQUEST AND VOTE IN THE

AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU, MS.

GLICK.

MR. SIMONE.

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NYS ASSEMBLY APRIL 19, 2024

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

MY VOTE. I AM FILLED WITH RELIEF AT THE INCLUSION OF SAMMY'S LAW IN

THIS BUDGET. NEW YORK CITY HAS LONG NEEDED THE ABILITY TO INCREASE

CONTROL OVER OUR OWN SPEED LIMITS. THIS IS A COMMONSENSE SOLUTION TO

TRAFFIC VIOLENCE AND I APPLAUD THE HARD WORK OF ALL WHO HELPED BRING

THIS BILL TO FRUITION. SO MANY OF US KNOW SOMEONE WHO WAS TRAGICALLY

TAKEN AWAY FROM US OR WHO IS FIGHTING FOR THEIR LIFE IN A HOSPITAL RIGHT

NOW DUE TO CAR VIOLENCE. WITH THIS VOTE, WE ARE SAYING NO MORE TO

NEEDLESS TRAGEDIES ON OUR STREETS. I COMMEND THE ADVOCATES WHO HAVE

WORKED TIRELESSLY TO MAKE THIS HAPPEN ALONG WITH MY COLLEAGUES WHO

LED ON THIS. FOR SAMMY AND ALL THE VICTIMS OF TRAFFIC VIOLENCE, WE CAN

PROUDLY SAY THAT IN THIS BUDGET WE SAVE LIVES AND MAKE OUR

COMMUNITIES MORE LIVABLE AND SAFER. ON HOUSING, NEW YORK STATE HAS

BEEN IN A HOUSING CRISIS THAT WAS DECADES IN THE MAKING. I AM PROUD TO

VOTE YES ON A BUDGET THAT STARTS US ON THE PATH TO FINALLY TACKLE THIS

CRISES HEAD ON, WE'VE WAITED TOO LONG. THIS WAS NOT A PERFECT DEAL, BUT

THE GROUNDWORK IS LAID WITH SOME HISTORIC FIRST STEPS THAT WE WILL BUILD

ON. THE CURRENT VACANCY RATE IS EXTREMELY LOW. NEVER BEFORE HAVE WE

NEEDED TO BUILD NEW HOUSING MORE THAN WE DO NOW. THIS BUDGET WILL

GET SHOVELS IN THE GROUND WITH NEW INCENTIVES FOR AFFORDABLE HOUSING.

A MITCHELL-LAMA PROGRAM FOR THE NEXT GENERATION. THIS IS A BIG DEAL

CONVERTING VACANT OFFICES TO RESIDENTIAL, AND ALLOWING NEW YORK CITY

TO BUILD DENSER RESIDENTIAL BUILDINGS LIKE WE DID BACK WHEN SO MANY OF

OUR ARCHITECTURAL GEMS WERE BUILT. WHEN THE SUPPLY OF HOUSING FINALLY

MEETS AND EXCEEDS DEMAND, PRICES WILL FALL AND TENANTS WILL CONTROL THE

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NYS ASSEMBLY APRIL 19, 2024

MARKET, NOT LANDLORDS. WE ALSO RECOGNIZE THAT IT WILL TAKE YEARS FOR

SUPPLY TO GROW WHERE IT NEEDS TO BE. WHY WE NEED FAR STRONGER TENANT

PROTECTIONS TO KEEP PEOPLE SECURE IN THEIR HOMES. FOR THE FIRST TIME

RENT PROTECTION FOR MARKET RATE TENANTS ARE IN THE BUDGET. THE VERSION

OF GOOD CAUSE IN THIS LEGISLATION IS NOT GOOD ENOUGH. I AM CONCERNED

THAT THERE ARE SO MANY QUESTIONS ON ELIGIBILITY AND ENFORCEMENT

WAITING FOR A COURT INTERPRETATION OF WHICH TENANTS ARE PROTECTED. I WILL

WORK ENDLESSLY TO ENSURE THAT WE BUILD ON THIS IN THE FUTURE. OUR WORK

WILL NOT BE DONE UNTIL WE BUILD A HOUSING MARKET OF ABUNDANCE AND

CHOICE FOR ALL NEW YORKERS. THANK YOU, MR. SPEAKER, FOR NEGOTIATING

A BUDGET THAT SEES NEW YORK IN THE PATH TO SOLVING OUR HOUSING CRISIS.

WE MUST BUILD HOUSING FOR EVERY NEW YORK. I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. SIMONE IN THE

AFFIRMATIVE.

MS. CRUZ TO EXPLAIN HER VOTE.

MS. CRUZ: THANK YOU, MR. SPEAKER. THE CHANGES

TO OUR HOUSING REGULATIONS PASSED TODAY ARE NOT GOOD CAUSE EVICTION.

THEY REPRESENT STEPS TO PROTECT ADDITIONAL NEW YORKERS FROM POSSIBLE

EVICTIONS BUT THEY ALSO LEAVE MANY TENANTS STILL UNPROTECTED. I WISH

OUR COLLEAGUES WOULD STOP CALLING IT GOOD CAUSE BECAUSE IT IS A FAR CRY

FROM THE FULL SET OF PROTECTIONS THAT WE WOULD'VE SEEN UNDER GOOD

CAUSE. OTHER CHANGES LIKE THE INCREASE IN IAIS WILL LIKELY RESULT IN

HIGHER RENTS FOR SOME OF OUR NEIGHBORS AND THEIR INEVITABLE EVICTION IF

THEY CANNOT ULTIMATELY PAY THAT INCREASE. WE'RE NOT GIVING UP AND

COMING BACK NEXT YEAR TO CONTINUE FIGHTING FOR TENANTS. I WANT TO

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NYS ASSEMBLY APRIL 19, 2024

BRIEFLY TALK ABOUT MAYORAL CONTROL WHICH IS SUPPOSED TO PROVIDE THE

BOE AN OPPORTUNITY TO SEAMLESSLY PLAN FOR AND SUPPORT CITYWIDE

CHALLENGES SUCH AS REMOTE LEARNING DURING A PANDEMIC OR SNOWSTORM

OR EVEN THE INFLUX OF MIGRANT CHILDREN. HOWEVER, THE WAY IN WHICH

THIS CURRENT ADMINISTRATION HAS CHOSEN TO LEVERAGE THAT STRUCTURE IS

QUESTIONABLE. MANY IN OUR COMMUNITY HAVE QUESTIONS, INCLUDING ME.

WHERE IS THE SHARED LEADERSHIP? WHERE ARE THE OPEN LINES OF

COMMUNICATION WITH STAKEHOLDERS INCLUDING ELECTED OFFICIALS? WHERE

ARE THE TRANSPARENCY AROUND THE HOLISTIC APPROACH TO FAMILY SUPPORT?

HOW IS THE DOE USING BOTH QUANTITATIVE AND QUALITATIVE DATA TO

UNDERSTAND THESE CHALLENGES AND HELP THE FAMILIES. THE ONES THAT HAVE

LED SOME FAMILIES AND CHILDREN TO SELL CANDY DURING SCHOOL HOURS. I AM

STILL WAITING FOR MY MEETING THREE MONTHS LATER ON THIS ISSUE. WHAT

OVERSIGHT DOES THE CENTRAL ADMINISTRATION HAVE OVER THE SCHOOL AND

DISTRICT AND BUDGETS TO ENSURE ADMINISTRATORS ARE SPENDING THE MONEY

THE RIGHT WAY? IT IS CLEAR THAT THE CURRENT ADMINISTRATION IS THAT USING

THE POWER THAT COMES WITH MAYORAL CONTROL TO ITS FULL CAPACITY IN ORDER

TO ENSURE STUDENTS ARE ATTENDING SCHOOL, AND I'M HOPING THAT BY

CONTINUING TO GIVE THEM CONTROL, THEY FINALLY LEARN THE LESSON THAT THEY

NEED TO WORK WITH US AND WORK WITH THE COMMUNITY. AND I HOPE THAT

THE MAYOR AND THE CHANCELLOR ARE LISTENING AND TAKE THIS OPPORTUNITY TO

WORK WITH US. BUT THIS BUDGET ALSO INCLUDES KEY POSITIVE CHANGES FOR

MY COMMUNITY, INCREASED FUNDING FOR THE LORENA BORJAS FUND,

INCREASED MONEY TO PROVIDE -- TO END FOOD INSECURITY AND ACTUALLY

CODIFYING THE REPRODUCTIVE FREEDOM AND EQUITY FUND. ADDITIONALLY, TOO

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NYS ASSEMBLY APRIL 19, 2024

MANY CHILDREN AND ADULTS IN MY COMMUNITY HAVE BEEN KILLED OR BADLY

INJURED BECAUSE OF SPEEDING CARS. JUST LAST MONTH MISS ELISA, THE

LEADER OF OUR LITTLE FRIENDS SCHOOL IN ELMHURST DIED AFTER SHE WAS HIT

BY A CAR. SHE LED THE SCHOOL FOR 25 YEARS AND NOW I GET TO GO BACK TO

OUR NEIGHBORHOOD AND SAY THAT WE'RE CHANGING THE LAW AND HOPEFULLY

SAVING LIVES.

I'LL BE VOTING IN THE AFFIRMATIVE AND I THANK YOU FOR

THAT, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MS.

CRUZ.

MS. GONZ�LEZ-ROJAS.

MS. GONZ�LEZ-ROJAS: THANK YOU, MR. SPEAKER.

WE'RE FACING A HOUSING CRISIS IN OUR STATE. I STOOD WITH TENANTS IN MY

DISTRICT WHO WERE BEING PUSHED OUT OF THEIR HOMES AND WHO ARE

EXPERIENCING ABUSIVE TACTICS BY LANDLORDS. WE COULD HAVE PASSED

GOOD CAUSE EVICTION BUT THIS WATERED DOWN VERSION PUSHED BY THE

GOVERNOR WILL ONLY COVER 30 PERCENT OF TENANTS WE ARE TRYING TO PROTECT

AND WE COULD HAVE STRENGTHENED LABOR REQUIREMENTS TO ENSURE THAT OUR

UNION SIBLINGS GET WORK. IT IS NOT THE BILLIONAIRES THAT ARE LEAVING THE

STATE, IT IS THE BLACK AND BROWN AND WORKING-CLASS NEIGHBORS. THE

MAJOR REASON FOR THIS IS HOUSING. I'M GRATEFUL THE SPEAKER FOUGHT HARD

FOR TENANT PROTECTIONS BUT THE EXECUTIVE (INAUDIBLE) SIDED WITH THE

CORPORATE INTEREST OVER TENANTS. THE BASEMENT APARTMENT LEGALIZATION

PILOT WHICH I SUPPORT WILL ONLY BE PILOTED IN ONE DISTRICT IN QUEENS

EVEN AFTER SEVERAL RESIDENTS IN QUEENS DIED IN THEIR BASEMENT

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NYS ASSEMBLY APRIL 19, 2024

APARTMENTS FROM DROWNING DUE TO HURRICANE IDA. I HOPE WE CAN

EXPAND THIS IN THE FUTURE IN ORDER TO PROVIDE SAFE AND DIGNIFIED HOUSING

FOR MY CONSTITUENTS. CENTRAL TO MY VISION FOR CLEANER AIR, FASTER

COMMUTES AND SAFER STREETS IS A STRONG PUBLIC TRANSIT SYSTEM. THE

FUNDING WE SECURE TO IMPROVE MTA BUS FREQUENCY IS IMPORTANT FOR

EVERY DAY NEW YORKERS. WE MUST TREAT PUBLIC TRANSIT AS A VITAL PUBLIC

GOOD THAT IT IS. THIS IS A GREAT START FOR BUS FREQUENCY. AND LASTLY, IN

JANUARY I WAS HIT BY A CAR IN A CROSSWALK. I BECAME ANOTHER STATISTIC OF

THE INCREASED TRAFFIC VIOLENCE IN NEW YORK CITY. BUT I'M LUCKY TO BE

HERE TODAY. SO MANY FAMILIES CANNOT SAY THAT. GIOVANNI AMPUERO,

NINE YEARS OLD OF JACKSON HEIGHTS; BAYRON PALOMIN ARRYO, EIGHT YEARS

OLD OF EAST ELMHURST; DOLMA NAADHUN, SEVEN YEARS OLD OF ASTORIA.

THEY WERE NOT SO LUCKY. THEIR FAMILIES WILL NEVER SEE THEM AGAIN.

PASSING SAMMY'S LAW WILL MAKE OUR STREETS SAFER. I'M GRATEFUL TO AMY

COHEN AND MY COLLEAGUES WHO HELPED GET IT DONE TODAY. AS A MOM

AND AS A LEGISLATOR THERE'S NOTHING MORE IMPORTANT TO ME THAN KEEPING

OUR NEIGHBORS SAFE. I PROUDLY VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SHIMSKY FOR THE PURPOSES OF AN EXPLANATION.

MS. SHIMSKY: THANK YOU, MR. SPEAKER. FIRST, I

RISE IN GRATITUDE FOR THE MEDIA TAX CREDIT. MY DISTRICT IS DEVELOPING THE

RISK OF INCREASINGLY LARGE MEDIA DESERTS. WE DON'T KNOW WHAT'S GOING

ON IN OUR LOCAL GOVERNMENTS, WE DON'T KNOW WHAT'S GOING ON IN OUR

SCHOOLS, WE DON'T EVEN KNOW WHO DIED. HAVING THIS TAX CREDIT WILL

HELP ASSIST CURRENT -- CURRENTLY STRUGGLING AND NEW MEDIA OUTLETS TO GET

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NYS ASSEMBLY APRIL 19, 2024

THE -- TO GET ON THE PATH TO FISCAL RESPONSE -- FISCAL SUSTAINABILITY. WE

ALSO HAVE MANY FIRST STEPS TO DEAL WITH MAJOR ISSUES HERE. NUMBER ONE

WITH HOUSING. WE FINALLY HAVE SOME SUBSTANTIAL STEPS TO DEAL WITH OUR

HOUSING AFFORDABILITY CRISIS IN THIS STATE. WE'RE PROBABLY GOING TO HAVE

TO DO AN AWFUL LOT MORE, HOWEVER. AND CERTAINLY IN WESTCHESTER

COUNTY, I DON'T KNOW HOW MUCH GOOD WHAT WE HAVE PASSED WILL DO FOR

AN AREA THAT HAS A HOUSING AFFORDABILITY CRISIS ALMOST AS BAD AS NEW

YORK CITY'S. WE WILL HAVE TO SEE AND AS I SAID, WE ARE GOING TO HAVE TO

DO MORE IN FUTURE YEARS. I AM SO GLAD THAT FOUNDATION AID HOLD

HARMLESS HAS BEEN RESTORED. IT WILL PROVIDE CRITICAL CONSISTENCY OF

FUNDING FOR OUR SCHOOL DISTRICTS. AND IT WILL HELP OUR SCHOOL DISTRICTS

PLAN FOR THE FUTURE. OF COURSE WE HAVE A STUDY COMING IN THIS YEAR,

NOW THAT'S VERY IMPORTANT. WE NOT ONLY NEED TO UPDATE DATA, BUT WE

NEED TO TAKE A CLEAR-EYED VIEW OF THE NEEDS OF OUR SCHOOLS AND WHAT

THE GOALS OF A GOOD PUBLIC SYSTEM IN OUR GREAT STATE SHOULD BE. WE

NEED A PUBLIC PROCESS, A LONG THOUGHTFUL PROCESS WHERE ALL

STAKEHOLDERS CAN VOICE THEIR VIEWS. WITH THAT, ALSO THE CLEAN WATER

INFRASTRUCTURE. WE JUST GOT A STUDY THIS WEEK FROM THE STATE

COMPTROLLER'S OFFICE TALKING ABOUT HOW MUCH MORE WE HAVE TO INVEST

IN OUR CLEAN WATER INFRASTRUCTURE AND HOW MUCH MORE WE HAVE TO DO TO

HELP OUR MUNICIPALITIES ACCESS THE FUNDS. I AM HOPEFUL THAT WHAT WE

DID THIS YEAR TO RESTORE FUNDS WILL JUST BE THE BEGINNING OF A MANY YEAR

STEP -- MANY YEAR JOURNEY IN MAKING SURE THAT'S TAKEN CARE OF.

SO FOR ALL THESE REASONS AND THE OTHERS IN THE BUDGET, I

PROUDLY VOTE IN THE AFFIRMATIVE.

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NYS ASSEMBLY APRIL 19, 2024

ACTING SPEAKER LEE: THANK YOU.

MS. SHIMSKY IN THE AFFIRMATIVE.

MR. SLATER TO EXPLAIN HIS VOTE.

MR. SLATER: THANK YOU, MADAM SPEAKER. I RISE

TODAY TO EXPLAIN MY VOTE, BUT FIRST I JUST WANT TO TAKE A MOMENT TO

ACKNOWLEDGE AND THANK CHAIR WEINSTEIN FOR TAKING ENDLESS QUESTIONS

DURING THIS PROCESS AS WELL AS THE RANKER OF WAYS AND MEANS FOR THE

MINORITY, ED RA AND OF COURSE THE GREAT STAFF THAT WE HAVE HERE

HELPING US ALL THROUGH THIS PROCESS. YOU KNOW, THERE'S SOME REALLY

GREAT THINGS IN THIS PARTICULAR BUDGET BILL THAT I HAVE SUPPORTED

THROUGHOUT THIS LEGISLATIVE SESSION. FIXING TIER 6 AND THE SUNY PLA

BEING TWO OF THEM AS WELL THE MEDIA TAX CREDIT, BUT I STILL HAVE GRAVE

CONCERNS OVER THE BILL THAT -- THAT WE'RE DEALING WITH AS IT RELATES TO

GOOD CAUSE. I THINK THAT WE HAVE SOME SERIOUS QUESTIONS STILL ON THE

IMPACT OF LOCAL CONTROL. AND THE IAI REIMBURSEMENT, WHILE VERY

IMPORTANT TO DEAL WITH THE TENS OF THOUSANDS OF VACANT UNITS IN NEW

YORK CITY, I STILL QUESTION WHETHER THE $30,000 IS GOING TO BE ENOUGH.

ALL YOU HAVE TO DO IS THINK ABOUT RENOVATING YOUR OWN KITCHEN AND

THAT CLEARLY SURPASSES THAT AMOUNT. I ALSO JUST WANT TO REMIND MY

FELLOW COLLEAGUES HERE OF A STUDY THAT WAS DONE BY THE BROOKINGS

INSTITUTE IN 2018 AND IT READS AS FOLLOWS: WHILE RENT CONTROL APPEARS TO

HELP CURRENT TENANTS IN THE SHORT RUN, IN THE LONG RUN IT DECREASES

AFFORDABILITY, FUELS GENTRIFICATION AND CREATES NEGATIVE SPILLOVERS ON THE

SURROUNDING NEIGHBORHOOD. SO I THINK WE HAVE TO BE VERY, VERY

CAREFUL WITH THE STEPS THAT WE ARE TAKING WITH GOOD CAUSE EVICTION

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NYS ASSEMBLY APRIL 19, 2024

AND FOR THAT REASON I WILL NOT BE SUPPORTING THIS BUDGET BILL AND I'LL BE

VOTING IN THE NEGATIVE. THANK YOU VERY MUCH, MADAM SPEAKER.

ACTING SPEAKER LEE: MR. SLATER IN THE

NEGATIVE.

MS.WOERNER TO EXPLAIN HER VOTE.

MS. WOERNER: THANK YOU, MADAM SPEAKER, FOR

ALLOWING ME THE OPPORTUNITY TO EXPLAIN MY VOTE. I'D LIKE TO BEGIN BY

THANKING THE SPEAKER AND OUR GREAT WAYS AND MEANS CHAIR AND ALL OF

THE STAFF FOR THEIR INCREDIBLE WORK TO PREPARE THIS BUDGET. AND I'D LIKE

TO THANK ALL OF YOU, MY COLLEAGUES, FOR YOUR STRONG SUPPORT OF THE

JOURNALISM ACT THIS YEAR. WE HAVE ALL SEEN LOCALLY-OWNED NEWSPAPERS

SUBSUMED BY THE NATIONAL MEDIA. THEIR ONCE VIBRANT NEWSROOMS

REPLACED BY NATIONAL NEWS PRODUCERS. LOCAL JOURNALISTS, PEOPLE WHO

ARE WELL-TRAINED, ON THE GROUND ARE SO CRITICAL FOR MAKING SURE THAT --

THAT ALL OF US IN OUR COMMUNITIES ARE -- ARE WELL-INFORMED ABOUT WHAT'S

HAPPENING IN OUR COUNTIES, OUR CITIES, OUR TOWNS AND OUR VILLAGES AND

EVEN IN OUR NEIGHBORHOODS. WITH THIS BILL WE ARE HOPEFULLY REVERSING

THAT TREND, AND I WANT TO THANK YOU AGAIN FOR YOUR STRONG SUPPORT OF

THIS. I HAVE TO SAY, THOUGH, THAT AS WE GO INTO THE NEXT YEAR, WE HAVE

GOT TO GET SERIOUS ABOUT UNDERSTANDING AND ADDRESSING THE CHALLENGES

THAT THE SHIFT TO ELECTRIC SCHOOL BUSES IS PRESENTING FOR OUR SCHOOL

DISTRICTS. FROM HAVING TO BRING IN ADDITIONAL POWER CAPACITY, TO

REBUILDING THEIR GARAGES TO ACCOMMODATE THE LARGER VEHICLES, TO A

REIMBURSEMENT SCHEDULE THAT EXTENDS MANY YEARS PAST THE EXPECTED

LIFE OF THOSE BUSES, AND OF COURSE THE ACTUAL COST OF A HIGHER COST OF

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NYS ASSEMBLY APRIL 19, 2024

THESE BUSES. THESE ARE REAL FISCAL CHALLENGES FACED BY OUR SCHOOL

DISTRICTS AND WE HAVE TO GET SERIOUS ABOUT UNDERSTANDING THEM AND

CREATING A PATH AND A PROCESS AND SOME FUNDING TO MAKE THIS HAPPEN.

SO I LOOK FORWARD TO WORKING WITH ALL OF YOU IN THE

COMING YEAR AS WE FACE THESE -- THESE CHALLENGES HEAD ON. THANK YOU

ALL VERY MUCH AND WITH THAT I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER LEE: MS.WOERNER IN THE

AFFIRMATIVE.

MS. FAHY TO EXPLAIN HER VOTE.

MS. FAHY: THANK YOU, MADAM SPEAKER, FOR

ALLOWING ME TO EXPLAIN MY VOTE. I RISE TODAY IN SUPPORT OF THIS BILL

BECAUSE I THINK WE HAVE MANY WINS, THERE'S A LOT TO LIKE. LET ME START

WITH EDUCATION. VERY PLEASED TO SEE THAT WE'VE ADDRESSED SOME OF THE

EARLIER CUTBACKS THAT WERE PROPOSED AND I REALLY HOPE THAT THE INCREASES

AS WELL AS THE ANTICIPATED FORMULA CHANGE NEXT YEAR WILL ALLOW SOME

STABILITY IN THE SCHOOL DISTRICTS AND ALLOW THEM TO ADDRESS THIS VERY,

VERY CRITICAL ISSUE OF ABSENTEEISM. ALSO PLEASED TO SEE UNIVERSAL

FASFA ADOPTED BECAUSE I'M HOPING THAT WILL BOOST HIGHER EDUCATION

ENROLLMENTS AS WE AGAIN ADDRESS A WHOLE HOST OF ISSUES WITH THIS

COVID COHORT. I'M PARTICULARLY PLEASED AS HIGHER EDUCATION CHAIR

THAT WE HAVE SOME OF THE MOST SIGNIFICANT INCREASES IN YEARS, ALMOST A

QUARTER CENTURY SINCE WE HAVE SIGNIFICANTLY INCREASED THE TUITION

ASSISTANCE PROGRAM OR TAP. AND FINALLY, ADDRESSING THE NEED FOR NOT

ONLY LOW INCOME FAMILIES BUT ALSO MORE THE MIDDLE INCOME FAMILIES

WITH RAISING THE INCOME ELIGIBILITY LEVELS AS WELL AS THE MINIMUM AID

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NYS ASSEMBLY APRIL 19, 2024

FOR EVERYONE RECEIVING TAP, AND MORE CRITICALLY REALLY ADDRESSING

MORE AID FOR NONTRADITIONAL STUDENTS, PARTICULARLY INDEPENDENT STUDENTS

WHICH IS INCREDIBLY SIGNIFICANT AND GOING AFTER AGAIN, THE

NON-TRADITIONAL STUDENTS. ALSO, SUNY OPERATING AND CUNY OPERATING

DOLLARS, WISH WE COULD'VE DONE MORE ON BUNDY AID, AND REGRET THAT.

WITH HOUSING, ALSO PLEASED WITH A WHOLE HOST OF CHANGES, THIS HAS

BEEN A RATHER CONTENTIOUS DEBATE FOR FIVE YEARS. THERE WERE TWO SIDES

OF THE COIN HERE AT ALL TIMES. WE NEED TO GROW OUR HOUSING WHICH IS

SOME OF THE MOST SEVERE -- WE SEE SOME OF THE MOST SEVERE HOUSING

SHORTAGES IN THE COUNTRY HERE IN NEW YORK. SO I THINK THIS IS GOING TO

GO A LONG WAY, AND AT THE SAME TIME WE'VE ADDED SOME

CRITICALLY-NEEDED TENANT PROTECTIONS AS WELL AS A LOT OF UPSTATE

FLEXIBILITY ON THOSE PROTECTIONS, INCLUDING THE OPTION TO ADOPT GOOD

CAUSE AND I KNOW HERE WHERE I LIVE IN ALBANY, I'M ASSUMING THERE WILL

BE AN ADOPTION. AT THE SAME TIME THERE WILL BE A 30-YEAR EXEMPTION

FOR NEW CONSTRUCTION SO THAT WE CAN AGAIN GROW THIS CRITICAL NEED FOR

HOUSING. I ALSO WANT TO NOTE A COUPLE OF OTHER THINGS. KUDOS TO ALL MY

COLLEAGUES FOR JOINING IN ON THE JOURNALISM TAX CREDIT WHICH IS SO

CRITICAL. DEMOCRACY DIES IN THE DARKNESS AND THE FACT THAT THERE ARE NO

NEW TAXES, SAMMY'S LAW AND TIER 6. THANK YOU SO MUCH AND WITH

THAT I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER LEE: MS. FAHY IN THE

AFFIRMATIVE.

MR. ZACCARO TO EXPLAIN HIS VOTE.

MR. ZACCARO: THANK YOU, MADAM SPEAKER. I

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NYS ASSEMBLY APRIL 19, 2024

HAVE LONG SAID THAT EDUCATION IS THE FOUNDATION OF A SUCCESSFUL LIFE.

I'M UNWAVERING IN MY DEDICATION TO WORKING PEOPLE AND FAMILIES WHO

HAVE BUILT NEW YORK FOR GENERATIONS AND I WILL ALWAYS BELIEVE HOUSING

IS A FUNDAMENTAL RIGHT. THIS BUDGET BILL UPLIFTS FAMILIES, PROTECTS

WORKERS, EXPANDS ACCESS TO HIGHER EDUCATION. MANY OF US WILL SOON

HEAD BACK TO OUR DISTRICTS AND TELL OUR CONSTITUENTS WHAT WAS DONE IN

ALBANY ON THEIR BEHALF. WHEN WE GO BACK HOME -- WHEN I GO BACK

HOME TO THE BRONX, I AM PROUD TO TELL PART-TIME STUDENTS THAT THEY WILL

NOW BE ELIGIBLE FOR TAP. I HAVE LONG CHAMPIONED RAISING THE INCOME

THRESHOLD FOR THESE ESSENTIAL PROGRAMS FOR NEW YORK'S COLLEGE STUDENTS

SINCE I WAS SWORN IN. MAKING COLLEGE MORE AFFORDABLE WILL OPEN

OPPORTUNITIES FOR STUDENTS WHO DESERVE A BRIGHT FUTURE. INCREASING THE

INCOME THRESHOLD TO $125,000 THIS BUDGET DELIVERS ON OUR PROMISE TO

EXPAND ACCESS TO HIGHER EDUCATION. AND COUNTLESS OF STUDENTS ACROSS

NEW YORK WILL LEAD OUR STATE FOR GENERATIONS TO COME AND WILL BENEFIT

FROM THIS LONG OVERDUE MOVE. WE KNOW THAT HOUSING -- THAT NEW

YORK SUFFERS FROM A HOUSING CRISIS THAT REQUIRES ACTION. THERE IS NO

ONE SOLUTION THAT ADDRESSES THIS COMPLEX PROBLEM BUT THE PROPOSALS

BEFORE US TODAY MOVE US JUST A BIT CLOSER TO ENDING THAT CRISIS. THE

NEW YORK HOUSING FOR FUTURE OWNERSHIP AND RENTAL HOUSING

PROGRAM WOULD ALLOW REAL PROPERTY OWNERS BY THE STATE, LOCAL

GOVERNMENT, NON-PROFITS OR COMMUNITY LAND TRUST TO PROVIDE HOUSING.

A PILOT PROGRAM AIMED AT ADDRESSING THE LEGALIZATION AND CONVERSION

OF BASEMENT AND CELLAR UNITS WILL GIVE THE CITY OF NEW YORK THE ABILITY

TO CREATE MORE SAFE AND LEGAL DWELLING UNITS, ESPECIALLY IN FLOOD ZONES.

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NYS ASSEMBLY APRIL 19, 2024

AND THE AFFORDABLE NEIGHBORHOOD FOR NEW YORKERS TAX INCENTIVE WILL

ENSURE CONTINUED GROWTH OF AFFORDABLE HOUSING UNITS FOR THOUSANDS OF

NEW YORKERS. STRENGTHENING PROTECTIONS THAT IMPROVE THE LIVES OF

WORKING NEW YORKERS AND THEIR FAMILIES IS CRUCIAL AND THIS BUDGET

DELIVERED. THIS BUDGET WILL REQUIRE EMPLOYERS -- WILL NOW BE REQUIRED

TO PROVIDE NURSING EMPLOYEES 30 MINUTES OF PAID TIME OFF. MR.

SPEAKER, OUR WORK WILL CONTINUE BUT WE HAVE ACCOMPLISHED MUCH

TODAY AND FOR THAT I AM PROUD. I WANT TO THANK YOU, I WANT TO THANK THE

SPEAKER, OUR WAYS AND MEANS CHAIR AND ALL THE STAFF WHO WORKED SO

HARD TO GET US TO THIS POINT AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. ZACCARO IN THE

AFFIRMATIVE.

MR. BENEDETTO.

MR. BENEDETTO: MR. SPEAKER, TO EXPLAIN MY

VOTE, SIR.

ACTING SPEAKER AUBRY: PLEASE.

MR. BENEDETTO: WE BEGAN THIS BUDGETARY

SYSTEM VERY CONCERNED WITH THE EDUCATION OF FOUNDATION HERE IN THE

STATE OF NEW YORK. SCHOOL DISTRICTS WERE FACING A LOT OF CUTS, DRASTIC

CUTS BECAUSE OF THE PROPOSED BUDGET. WE -- THROUGH THE EFFORTS,

HOWEVER, OF OUR -- OF OUR SPEAKER AND OUR VERY GOOD WAYS AND MEANS

TEAM, WE HAVE COME OUT WITH A BUDGET THAT I THINK EDUCATIONALLY WE

CAN BE PROUD OF WHERE OVER THE YEARS WE HAVE FUNDED FOUNDATION AID

FULLY, SOMETHING WE HAD BEEN STRIVING FOR FOR YEARS AND WE FINALLY DID

IT THE LAST YEAR. AND WE BROUGHT THAT BACK AGAIN THIS YEAR. HOLD

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NYS ASSEMBLY APRIL 19, 2024

HARMLESS WAS RESTORED. AS A MATTER OF FACT, SCHOOL DISTRICTS ARE GETTING

AN INCREASE TO .8 PERCENT IN THEIR -- IN THEIR -- IN THEIR AID GOING OUT TO

THOSE DISTRICTS. IT MAKES ME PROUD TO KNOW THAT NEW YORK STATE WHEN

WE LOOK AT EDUCATION, WE HAVE A COMMITMENT THERE TO OUR STUDENTS IN

NEW YORK STATE AND WE ARE STANDING BEHIND OUR EDUCATION SYSTEM AND

PUTTING FORTH THE MONEY THEY NEED TO PROPERLY DEAL WITH THE STUDENTS IN

THIS STATE. EDUCATIONALLY, I THINK IT'S A GOOD BUDGET. I THANK THE

SPEAKER, THE WAYS AND MEANS STAFF AND I PROUDLY VOTE IN THE

AFFIRMATIVE, SIR.

ACTING SPEAKER AUBRY: MR. BENEDETTO IN THE

AFFIRMATIVE.

MR. OTIS TO EXPLAIN HIS VOTE.

MR. OTIS: THANK YOU, MR. SPEAKER. YOU KNOW ONE

OF THE RESPONSIBILITIES WE ALL HAVE HERE IS TO MAKE SURE THAT WE'RE

GETTING STATE RESOURCES BACK TO OUR COMMUNITIES, AND SO YOU'VE HEARD

ABOUT THE VERY IMPORTANT WORK DONE ON FOUNDATION AID AND SCHOOL

AID. WE NEED TO KEEP THAT GOING AND I'M GOING TO MAKE A NOTE ABOUT

THE FOUNDATION AID STUDY THAT WE'RE GOING TO HAVE DONE. WE'RE GOING

TO HAVE TO LOOK AT THAT STUDY VERY CAREFULLY TO MAKE SURE THAT WE

CONTINUE TO BE DRIVING STATE FUNDS TO OUR SCHOOL DISTRICTS, PROTECT THE

PROPERTY TAXPAYER, VERY IMPORTANT. SO WE DIDN'T JUST FARM OUT A STUDY,

WE'RE GOING TO BE LOOKING AT THE RESULTS OF THAT STUDY. BIG, BIG HELP

THERE IN TERMS OF WHAT WE DID COMPARED TO THE PROPOSED BUDGET. THE

AIM FUNDING, VERY IMPORTANT FIRST TIME IN MANY YEARS THAT WE'RE

INCREASING FUNDING TO LOCAL GOVERNMENT. ROBUST CONTINUATION OF

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NYS ASSEMBLY APRIL 19, 2024

FUNDING FOR THE MANY DIFFERENT ROAD PROJECTS THAT WE'RE GIVING STATE

MONEY THAT'S GOING TO HELP PROVIDE FUNDING FOR -- FOR LOCAL ROADS. I

WANT TO DO ANOTHER -- POINT OUT SOMETHING THAT YOU MAY NOT HAVE NOTED

BUT IN THE BUDGET IS A NEW $30 MILLION CAPITAL FUND FOR 4201 SCHOOLS,

OUR SCHOOLS THAT SERVE THE DISABLED. NEED THIS FUNDING TO KEEP THEIR

VERY STRESSED INFRASTRUCTURE GOING FORWARD AND SERVING KIDS WITH HIGH

NEEDS. THIS IS A VERY IMPORTANT COMMITMENT, NOT JUST AN EDUCATIONAL

COMMITMENT BUT A MORAL COMMITMENT. WE DO RIGHT BY -- BY THOSE

SCHOOLS. ALSO, AS MENTIONED NOT IN THIS BILL, BUT EARLIER, THE CLEAN

WATER FUNDING, THE NEW $500 MILLION RE-INSTALLMENT IN CLEAN WATER, A

LOT OF THAT MONEY GOES TO HELP LOCAL PROJECTS AND DEFER COSTS AWAY FROM

THE LOCAL PROPERTY TAXPAYER. SO PART OF OUR DOING OUR JOB IS TO MAKE

SURE THAT WE ARE BRINGING THOSE RESOURCES TO THE NUTS AND BOLTS PROJECTS,

NUTS AND BOLTS SERVICES AT THE LOCAL LEVEL. WE'VE DONE THAT IN THIS

BUDGET. I PROUDLY VOTE AYE.

ACTING SPEAKER AUBRY: MR. OTIS IN THE

AFFIRMATIVE.

MR. JACOBSON.

MR. JACOBSON: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. I'M FRUSTRATED AND DISAPPOINTED WITH THE GUTTED

SO-CALLED GOOD CAUSE EVICTION PROGRAM BECAUSE UNFORTUNATELY IT WILL

LOCK IN HIGH RATES OF INCREASE IN MY DISTRICT. I'M HAPPY, THOUGH AND

VERY GLAD THAT WE RESTORED THE CUTS TO FOUNDATION AID FOR OUR SCHOOLS

THAT WE NOW ARE GOING TO HAVE A MEDIA CREDIT FOR LOCAL MEDIA AND THAT

WE'VE INCREASED FUNDING FOR AIM WHICH MUNICIPALITIES RELY UPON. BUT

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NYS ASSEMBLY APRIL 19, 2024

I'M THRILLED THAT MY FASFA BILL GOT INTO THIS BUDGET. AND LET ME

EXPLAIN WHY THIS IS SO IMPORTANT. FASFA, THE FREE APPLICATION FOR

FEDERAL STUDENT AID, THE REASON THAT IT'S SO IMPORTANT IS THAT THE

OBSTACLE FOR PEOPLE GOING TO COLLEGE IS THE HIGH COST. AND THE ONLY

WAY TO GET THE HIGH COST DOWN IS TO GET SCHOLARSHIPS AND GRANTS. BUT

THE ONLY WAY TO GET THE SCHOLARSHIPS AND GRANTS IS TO COMPLETE THE

FASFA, BECAUSE NOT ONLY THE FEDERAL GOVERNMENT DEMANDS THIS FOR

PELL GRANTS WHICH CAN BE UP TO 7,395 A YEAR NOW, BUT ALMOST ALL

COLLEGES AND THOSE THAT GIVE GRANTS RELY UPON IT AS WELL. THIS WILL GIVE

STUDENTS A CHANCE TO REALLY KNOW WHAT THEY'RE ABLE TO AFFORD AND WHAT

THEY CAN DO. SO I WANT TO THANK THE SPEAKER, THE CHAIR OF WAYS AND

MEANS WHO UNFORTUNATELY THIS WILL BE HER LAST TIME CHAIRING THAT IN THIS

BUDGET, AND THAT THIS IS GOING TO GET IN THERE BECAUSE WE CAN THEN

INCREASE OPPORTUNITY FOR ALL STUDENTS AND THAT IS SO IMPORTANT. SO WITH

THAT I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. JACOBSON IN THE

AFFIRMATIVE.

MR. BLUMENCRANZ.

MR. BLUMENCRANZ: THANK YOU, MR. SPEAKER.

BUDGETS ARE ABOUT PRIORITIES. DURING A TIME WHEN OUR STATE IS FACING A

HOLY TRINITY OF A HOUSING CRISIS AND AFFORDABILITY CRISIS AND A MIGRANT

CRISIS, IT IS INCREDIBLY SAD TO SEE A BUDGET THAT SEEMS A BIT TONE DEAF TO

THESE ISSUES. UNFORTUNATELY, THE INVISIBLE HAND OF GOVERNMENT IS

INCREASINGLY BECOMING A VISIBLE CHOKE-HOLD ON SO MANY OF THE

RESIDENTS OF OUR STATE. FROM THE HOTLINE THAT'S SUPPOSED TO HELP OUR

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NYS ASSEMBLY APRIL 19, 2024

SCHOOLS FOOT MULTI-MILLION BILLS TO IMPLEMENT LEGISLATION ON OUR

ELECTRIC BUSES, TO THE CRSE EDUCATION MANDATE THAT WILL FORCE OUR

SCHOOLS TO IMPLEMENT A NEW EDUCATION PROGRAM WITHOUT KNOWING WHAT

IT REALLY LOOKS LIKE, AS WELL AS THE GOOD CAUSE EVICTION, A BACKWARDS

WAY OF FIXING A SERIOUS PROBLEM IN OUR STATE. BUT ALL HOPE IS NOT LOST

HERE. I AM SO PLEASED TO SEE THAT OUR STEADFAST ADVOCACY ON SQUATTING

HAS LED TO INCREMENTAL IMPROVEMENTS AND ACKNOWLEDGING A SERIOUS

PROBLEM THAT SO MANY NEW YORKERS ARE FACING. I'D LIKE TO THANK ALL OF

THOSE WHO SHARE THEIR PLIGHT, THEIR HORROR STORIES. IT IS JUST SAD TO SEE

THAT THE LOSS OF NATALIA [SIC] DUE TO THE MURDER FROM SQUATTERS AS WELL

AS OTHERS IS WHAT IT TOOK TO SEE THIS BEING PUSHED ACROSS THE FINISH LINE.

I'M ALSO SO HAPPY TO SEE SOME OF THE CHANGES TO OUR SCHOOL AID TO MAKE

SURE OUR SCHOOLS ARE FULLY FUNDED, ESPECIALLY IF THEY HAVE TO DEAL WITH

SO MANY OF THESE MANDATES. BUT WITH THAT BEING SAID, I WILL STILL HAVE

TO VOTE IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. BLUMENCRANZ IN

THE NEGATIVE.

MS. SIMON.

MS. SIMON: THANK YOU, MR. SPEAKER. I WILL BE

VOTING IN SUPPORT OF THIS BILL, PROVIDES MUCH GOOD TO OUR STATE. IT

RESTORES OUR HOLD HARMLESS AND OUR FOUNDATION AID, IT EXPANDS TAP,

IT REQUIRES BETTER ACCESS TO FASFA, IT INCLUDES EVIDENCE-BASED READING

INSTRUCTION AND IT INCLUDES SAMMY'S LAW TO WHICH WE OWE AMY

COHEN AND FAMILIES TO SAFE STREETS A GREAT DEBT OF GRATITUDE. BUT IT

ALSO MAKES SOME CHANGES TO MAYORAL CONTROL THAT I'M STILL NOT A FAN OF,

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NYS ASSEMBLY APRIL 19, 2024

BUT I ALSO WANT TO COMMENT ON WHAT WE'RE DOING WITH REGARD TO

HOUSING. WE WILL MAKE A BIG DIFFERENCE IN BUILDING MORE HOUSING

WHICH IS IMPORTANT. I'D LIKE TO CORRECT FOR THE RECORD THE FACT THAT THE

STUDY THAT PEOPLE CITE SAYING THAT PRICES WENT DOWN BECAUSE THEY BUILT

ENOUGH HOUSING, PRICES DID NOT GO DOWN. THE LEVEL OF INCREASE YEAR

OVER YEAR WAS REDUCED, AND WHEN THE RENT IS TOO DAMN HIGH, IT'S STILL

TOO DAMN HIGH. SO WE NEED TO ACTUALLY THINK THROUGH WHAT WE'RE

DOING, AND THE WHOLESALE LIFTING UP THE FAR CAP DESTROYS ONE THING

THAT IS SO CRITICAL TO US AS AMERICANS. THE VOICE OF COMMUNITY IN

COMMENTING ON WHAT IS BEING PROPOSED THAT WILL CHANGE OR ALTER THEIR

CIRCUMSTANCES AND IT MAY IN FACT RAISE THEIR RENTS. SO THE ULURP

PROCESS, WHICH WAS CREATED WHEN THE BOARD OF ESTIMATE WAS FOUND TO

BE UNCONSTITUTIONAL, GAVE COMMUNITY A VOICE IN COMMENTING ON WHAT

WAS HAPPENING WHEN THERE WAS CHANGE IN ZONING. IF YOU LIFT THAT FAR

CAP, THERE WILL BE NO VOICE OF THE PUBLIC AT ALL IN WHAT HAPPENS IN LAND

USE. AND IF YOU LIVE IN THE CITY OF NEW YORK YOU KNOW THAT OUR

DEPARTMENT OF CITY PLANNING DOESN'T PLAN. THEY DO ZONING. THEY DO

NOT PLAN. AND IT IS THE PEOPLE THAT HELP MAKE PROJECTS BETTER BECAUSE

THEY EXERCISE THAT VOICE. I'M VERY DISAPPOINTED THAT THAT IS WHAT WILL

BE HAPPENING IN THE CITY OF NEW YORK. IT IS NOT GOING -- I WILL TELL

YOU, TEN YEARS FROM NOW PEOPLE WILL SAY JO ANNE, YOU WERE RIGHT. AS

IT'S HAPPENED BEFORE, WE HAVE EXAMPLES IN MY DISTRICT AND I WILL BE

VOTING IN THE AFFIRMATIVE ON THIS DESPITE MY RESERVATIONS ON THIS ISSUE.

THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

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NYS ASSEMBLY APRIL 19, 2024

MS. ROSENTHAL.

MS. ROSENTHAL: THANK YOU, MR. SPEAKER, TO

EXPLAIN MY VOTE. ONE OF THE BRIGHT SPOTS IN THIS BUDGET BILL IS THE

INCLUSION OF MY LEGISLATION CALLED SAMMY'S LAW. AS YOU KNOW THE

LEGISLATION WAS MADE FOR SAMMY COHEN ECKSTEIN WHO WAS KILLED IN A

CRASH BY A SPEEDING DRIVER IN BROOKLYN WHEN HE WAS JUST 12 YEARS OLD.

HIS MOTHER AMY COHEN, HIS GRANDMOTHER JOAN DEAN AND ALL OF THE

PEOPLE WHO ARE PART OF FAMILIES FOR SAFE STREETS COALITION HAVE WORKED

TIRELESSLY IN THE YEARS SINCE TO PASS SAMMY'S LAW AND OTHER MEASURES

TO ENSURE TRAFFIC SAFETY. WHILE THE LEGISLATION MAY BE NAMED IN HONOR

OF SAMMY, WE KNOW THAT SO MANY OTHER FAMILIES HAVE EXPERIENCED THE

PAIN OF LOSING A LOVED ONE IN A PREVENTABLE CRASH. GIVING NEW YORK

CITY THE AUTHORITY TO CHANGE ITS SPEED LIMIT IS A COMMONSENSE

MEASURE. I'M GLAD THAT WE'RE FINALLY TAKING IT. I MUST CAUTION THAT CITY

AGENCIES SHOULD WORK IN CONJUNCTION WITH THE LOCAL COMMUNITY BOARDS

AND COUNCIL MEMBERS TO ENSURE THAT EVERYONE HAS A VOICE AT THE TABLE

AND THAT THE CHANGES MADE MAKE SENSE. ON HOUSING. AS THE HOUSING

CHAIR, I'M GLAD THAT WE DO HAVE SOME GOOD PROVISIONS IN HERE. FOR

EXAMPLE, THE ASSEMBLY-CONCEIVED NEW YORK HOUSING FOR THE FUTURE

PROGRAM [SIC], WHICH WILL ALLOW PEOPLE IN THE FUTURE TO RENT OR OWN FOR

THOSE WHO HAVE LOWER INCOME AND THAT'S A -- A GREAT PROGRAM. I AM

QUITE DISMAYED THAT WE DID NOT INCLUDE HAVP IN THIS BUDGET. THIS

WAS SUPPORTED BY EVERY MANNER OF DEVELOPER, TENANT. IT WAS MODELED

ON THE FEDERAL SECTION 8 PROGRAM. IT'S NOT AN ENTITLEMENT. IT'S HELPING

PEOPLE GET OFF THE STREETS AND NOT BE EVICTED. THIS IS A MAJOR MISTAKE

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NYS ASSEMBLY APRIL 19, 2024

BUT WE WILL COME BACK NEXT YEAR AND DO THAT. WHEN IT COMES TO 421A,

WE KNOW THAT THE PRIOR PROGRAM HAD MANY, MANY LOOPHOLES. WE KNOW

WHAT THE LOOPHOLES ARE. WE WILL HOLD HPD RESPONSIBLE FOR ENSURING

THAT TAXPAYER MONEY IS NOT WASTED AND THAT DEVELOPERS DO NOT TAKE

ADVANTAGE OF THE PROGRAM AND USE THOSE AFFORDABLE UNITS FOR PEOPLE.

THE IAI PROGRAM, WE ALSO KNOW IN 2019, WE TOOK AWAY MANY OF THE

OPPORTUNITIES TO CHEAT. THERE'S NOW A NEW PROGRAM. BELIEVE ME, WE

WILL ALL BE WATCHING AND I TELL THE CITY AND HCR YOU HAVE TO MAKE

SURE THAT THE UNITS THAT ARE REHABBED ARE ACTUALLY REHABBED --

ACTING SPEAKER AUBRY: MS. ROSENTHAL, HOW

DO YOU VOTE?

MS. ROSENTHAL: MY LAST -- MY LAST COMMENT IS TO

THANK THE SPEAKER, TO THANK THE WAYS AND MEANS CHAIR, TO THANK PHIL

FIELDS ON HIS FIRST BUDGET, TO THANK FLETCHER, TO THANK MEGAN --

ACTING SPEAKER AUBRY: YOU'RE WELCOME.

HOW DO YOU VOTE?

MS. ROSENTHAL: AND TO THANK MARIE AND TO

THANK CYNTHIA --

ACTING SPEAKER AUBRY: PLEASE.

MS. ROSENTHAL: -- FOR THEIR WONDERFUL WORK.

ACTING SPEAKER AUBRY: MS. KELLES TO EXPLAIN

HER VOTE.

MS. KELLES: THANK YOU, MR. SPEAKER. I WANT TO

FIRST START BY THANKING LEADERSHIP AND -- AND THE MAJORITY CONFERENCE

FOR FIGHTING SO HARD TO GET THE THINGS THAT WE DID GET IN THE BUDGET

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NYS ASSEMBLY APRIL 19, 2024

WHICH REALLY DID NEED TO BE A HUGE FIGHT. WE WERE ABLE TO GET

STRENGTHENING OF TIER 6 WHICH ENABLES SUPPORT, STRONGER PENSION FOR

PUBLIC EMPLOYEES, WE HAVE A HARD ENOUGH TIME GETTING IN RETAINING,

THIS WILL HELP THAT. WE PUT 500 MILLION IN FOR WATER INFRASTRUCTURE,

ABSOLUTELY CRITICAL GIVEN THAT WE KNOW THAT TO UPGRADE OUR WATER

INFRASTRUCTURE TO UPDATE IT WE NEED ABOUT 80 BILLION OR MORE. WE NEED

TO BE DOING THIS EVERY SINGLE YEAR IN PERPETUITY TO HAVE ANY CHANCE OF

REACHING THOSE NEEDS. AIM FUNDING, OF COURSE, HAS NOT SEEN AN

INCREASE IN MANY YEARS AS PEOPLE HAD TALKED ABOUT. INCREASING THAT

THIS YEAR IS A HUGE WIN. FOUNDATION AID. WE WERE SO WORRIED THAT IT

WAS GOING TO GET CUT. I HAD SCHOOLS THAT WERE FALLING APART, MEETING

WEEK AFTER WEEK AFTER WEEK DISCUSSING FIRING TEACHERS. THEY NOW

DON'T HAVE TO. THEY WILL BE SEEING AN INCREASE BUT THE STUDY WILL BE SO

IMPORTANT SO THAT WE AREN'T COMING BACK AND HAVING THE SAME PROBLEM

YEAR OVER YEAR. I AM -- I AM VERY FRUSTRATED THAT PEOPLE ARE SAYING THAT

THIS BILL HAS -- HAS GOOD CAUSE IN IT. I DID NOT READ THAT. I DON'T KNOW

WHAT IT IS THAT PEOPLE ARE READING BUT THAT IS NOT WHAT IS IN THIS BILL.

THERE ARE SOME TENANT PROTECTIONS AND I AM THANKFUL THAT WE HAVE HAD

THAT DISCUSSION THAT WE'VE TAKEN A STEP FORWARD. THIS IS BY NO MEANS

STRONG ENOUGH. THERE ARE TREMENDOUS EXCEPTIONS I THINK THAT WEAKEN

IT. THERE IS ALSO THE INABILITY FOR MAKING IT VERY STRONG UPSTATE. IT'S AN

OPT IN AND -- AND, YOU KNOW, UNFORTUNATELY I THINK THAT WILL BE A REALLY

DIFFICULT CONVERSATION THAT WE WILL HAVE TO CONTINUE. THE ADUS, THE

INCENTIVES, FANTASTIC. OF COURSE IT'S WEAKENED BY THE FACT THAT IT'S AN

OPT IN UPSTATE BUT IT IS A FIRST STEP. ONE OF THE THINGS THAT I AM VERY

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NYS ASSEMBLY APRIL 19, 2024

THANKFUL FOR TO THE SPONSOR, THE LOCAL JOURNALISM TAX CREDIT IS

INCREDIBLE. WE HAVE VERY LITTLE JOURNALISM UPSTATE AND WE'VE HAD

GUTTING OF THAT UPSTATE. THE LAST THING I'LL SAY IS I'M VERY DISAPPOINTED

AT THE LACK OF ENVIRONMENTAL PROTECTIONS AND ENVIRONMENTAL ACTIONS

THAT WE HAVE TAKEN IN THIS BUDGET.

ACTING SPEAKER AUBRY: HOW DO YOU VOTE?

MS. KELLES: VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: THANK YOU.

MR. REILLY TO EXPLAIN HIS VOTE.

MR. REILLY: THANK YOU, MR. SPEAKER. MAYORAL

CONTROL, I THINK I'VE EXPLAINED HOW THERE'S AMBIGUITY THERE. SPEED --

THE SPEED ZONE -- THE SPEED LIMIT IN NEW YORK CITY GOING DOWN TO 20

MILES AN HOUR, SPEED CAMERAS ARE NOW GOING TO BE THE 31 MILE AN HOUR

TRIGGER. YOU KNOW IF WE WERE REALLY GOING TO MAKE IMPROVEMENTS ON

THE STREETS IN NEW YORK CITY, WE WOULD HAVE A DESIGNATED FUND FOR

THOSE SPEED CAMERA VIOLATION FINES THAT WE COLLECT, BUT WE REFUSE TO DO

THAT. WE PUT IT IN A NEW YORK CITY GENERAL FUND. REALLY PUT THE

MONEY WHERE YOUR MOUTH IS, LET'S MAKE SURE THAT WE IMPROVE SAFETY ON

OUR STREETS. LASTLY, THE POINT ABOUT TOLL EVASION AND THE BLOCKING OF THE

PLATES AND ALLOWING POLICE OFFICERS TO REMOVE THOSE WITHOUT ISSUING A

SUMMONS. AS A FORMER LIEUTENANT IN THE NEW YORK CITY POLICE

DEPARTMENT, I WANT TO CAUTION THOSE POLICE OFFICERS. YOU ARE SETTING

YOURSELF UP TO BE LOOKED AT AS INFRINGING ON THEIR RIGHTS AND YOU WILL BE

GETTING CCRBS, CIVILIAN COMPLAINT REVIEW BOARD VIOLATIONS. AND LET

ME TELL YOU, WHEN WE LOOK AT TO SEE HOW IT IS DISPROPORTIONATELY

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NYS ASSEMBLY APRIL 19, 2024

APPLIED IN COMMUNITIES, THE SAME PEOPLE THAT GOT THIS IN THE BUDGET

THIS YEAR WILL BE COMPLAINING ABOUT WHO IS TARGETED IN THAT

ENFORCEMENT. SO USE CAUTION. BE CAREFUL WHAT YOU WISH FOR, YOU MAY

JUST GET IT. I VOTE NEGATIVE.

ACTING SPEAKER AUBRY: MR. REILLY IN THE

NEGATIVE.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. I HAVE THE DUBIOUS

DISTINCTION OF BEING THE ONLY REPUBLICAN VOTING YES ON THIS BILL. AT MY

REQUEST, AND THANKS TO OUR CHAIR ON WAYS AND MEANS AND THE SPEAKER

HIMSELF THERE'S A SPECIAL PROVISION IN THIS BILL TO HELP BAIL OUT THE CITY

OF DUNKIRK WHICH IS ON THE VERGE OF BANKRUPTCY AND WOULD GO INTO

DEFAULT IN A MATTER OF A COUPLE MONTHS WITHOUT THIS SPECIAL LEGISLATION

THAT ENABLES THEM TO COVER SOME OF THEIR PAST DEFICITS UNDER THE

SUPERVISION OF THE STATE COMPTROLLER. DUNKIRK FOUND ITSELF IN A

SITUATION AFTER AN ELECTRIC GENERATING PLANT IN THE CITY WAS SHUT DOWN.

NOW THE OWNER OF THE PLANT HAD INVESTED OVER 200 MILLION IN

STATE-OF-THE-ART SCRUBBING EQUIPMENT BUT IT WAS STILL A COAL PLANT. AND

THE OWNER CAME FORWARD AND SAID I'D LIKE TO CONVERT THIS FROM A

STATE-OF-THE-ART COAL PLANT TO A STATE-OF-THE-ART NATURAL GAS FACILITY.

EVEN THOUGH IT HAD STATE-OF-THE-ART ENVIRONMENTAL STANDARDS BEING MET,

THAT TRANSITION WOULD HAVE CUT AIR EMISSIONS BY 98 TO 100 PERCENT

DEPENDING ON THE COMPONENT. UNFORTUNATELY, BECAUSE THIS STATE IS

EXTRAORDINARILY RELUCTANT TO MOVE FORWARD ON ANY TYPE OF GENERATING

CAPACITY, EVEN BASE LOAD CAPACITY WHICH WE NEED ON THOSE COLD, STILL

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NYS ASSEMBLY APRIL 19, 2024

NIGHTS. AND SO THE PROJECT ENDED UP NOT GOING FORWARD. AND IN

ADDITION TO LAYING OFF SEVERAL DOZEN VERY HIGHLY-PAID INDIVIDUALS, IT

RESULTED IN ABOUT A 40 PERCENT GAP IN THE CITY'S TAX BASE. SO SOMETIMES

IT'S HARD FOR US TO EVEN RECOGNIZE OR ACKNOWLEDGE OR EVEN IMAGINE

WHAT THE RAMIFICATIONS OF SOME OF OUR POLICIES ARE, BUT THIS WAS ONE OF

THEM AND THEREFORE I'M VOTING TO HELP BAIL THEM OUT. THANK YOU,

SPEAKER.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

AFFIRMATIVE.

MR. BURDICK.

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

OPPORTUNITY TO EXPLAIN MY VOTE. I THANK THE SPEAKER AND APPLAUD

CHAIR WEINSTEIN AND THE STAFF FOR AN OUTSTANDING JOB. I'M VERY PLEASED

THAT THIS BILL PROVIDES FOR TENANT AND HOMEOWNER PROTECTIONS INCLUDING

GOOD CAUSE PROTECTIONS WITH THE OPTION FOR LOCALITIES OUTSIDE OF THE

CITY TO OPT IN. THE BUDGET ALSO PROVIDES FOR HOUSING POLICY AND TAX

INCENTIVES THROUGHOUT THE STATE. I'M ESPECIALLY PLEASED WITH A NEW

PROVISION ON AN OPT IN BASIS FOR LOCALITIES OUTSIDE NEW YORK CITY FOR

TAX EXEMPTIONS FOR AFFORDABLE HOUSING DEVELOPMENT. I'M HOPEFUL THAT

LOCALITIES WILL AVAIL THEMSELVES OF THESE OPTIONS SO THEY THEN MAY BE

DEEMED PRO-HOUSING COMMUNITIES BY HCR OPENING THE DOOR TO KEY

GRANTS. WHILE I'M DELIGHTED WITH THE RESTORATION OF ENVIRONMENTAL

FUNDING, WE WILL NEED TO PROVIDE SIGNIFICANTLY GREATER INVESTMENT TO

MEET OUR COMMITMENTS UNDER THE CLCPA. AND LIKE EVERYONE ELSE,

I'M THRILLED WITH THE REINSTATEMENT OF THE HOLD HARMLESS PROVISION IN

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NYS ASSEMBLY APRIL 19, 2024

FOUNDATION AID AND THAT WE'RE ON A PATH TO UPDATE THE FOUNDATION AID

FORMULA. AND LASTLY, I'M JOINING SO MANY OTHERS IN THE CHAMBER IN

APPLAUDING THE LOCAL JOURNALISM TAX INCENTIVE, LOCAL JOURNALISM IS

REALLY ESSENTIAL TO OUR DEMOCRACY. I VERY PROUDLY VOTE IN THE

AFFIRMATIVE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. BURDICK IN THE

AFFIRMATIVE.

MR. ARDILA.

MR. ARDILA: THANK YOU, MR. SPEAKER. THE REASON

I WANT TO EXPLAIN MY VOTE IS BECAUSE I WANTED TO TALK A LITTLE BIT ABOUT

GOOD CAUSE WHICH I'M HAPPY THAT WE DO HAVE SOME LANGUAGE IN THIS

BUDGET BUT WE KNOW IT'S NOT THE FINAL PRODUCT AND THERE'S A LOT OF AREAS

FOR GROWTH THAT WE STILL NEED TO PUSH FOR TENANT PROTECTIONS. ONE OF THE

OTHER THINGS I WANT TO TALK ABOUT WAS BASEMENT APARTMENTS, THE ADUS.

I'VE BEEN AN ADVOCATE FOR ADUS SINCE I STEPPED INTO THE PUBLIC DOMAIN

AND I'M VERY EXCITED THAT WE'RE GOING TO GIVE THIS OPPORTUNITY FOR NEW

YORKERS TO HAVE LEGALIZED BASEMENT APARTMENTS. SO THAT'S A HUGE WIN

FOR HOUSING, TO ADDRESS THE HOUSING CRISIS AND FOR NEW YORKERS IN

QUEENS AND ACROSS THE STATE. AND LASTLY, I WANTED TO TAKE THIS TIME TO

TALK ABOUT THE IMPORTANCE OF SAMMY'S LAW. THE ABILITY TO ALLOW NEW

YORK CITY TO REDUCE ITS SPEED LIMIT TO 20 MILES PER HOUR. IT IS A HUGE,

HUGE ISSUE IN MY DISTRICT IN TERMS OF ADVOCATING FOR MORE PEDESTRIAN

SAFETY, MORE CYCLIST SAFETY, MORE STREET SAFETY. SO I'M VERY EXCITED THAT

WE'RE -- WE'RE HAVING THIS, WE'RE PUSHING IT THROUGH, WE'RE GETTING IT

ACROSS THE FINISH LINE AND IT'S A GREAT WIN FOR QUEENS, IT'S A GREAT WIN

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NYS ASSEMBLY APRIL 19, 2024

FOR MY DISTRICT AND A GREAT WIN FOR NEW YORK. SO WITH THAT SAID, I

WANTED TO VOTE IN THE AFFIRMATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. ARDILA IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. SOLAGES.

MS. SOLAGES: WE APPRECIATE OUR COLLEAGUES'

PATIENCE AND COLLABORATION. MR. SPEAKER, CAN YOU TAKE UP RULES

REPORT NO. 38 FROM THE C-CALENDAR AND ALSO -- THEN RULES REPORT NO.

36 FROM THE B-CALENDAR.

ACTING SPEAKER AUBRY: THANK YOU.

RULES REPORT NO. 38, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A08800-D, RULES

REPORT NO. 38, BUDGET BILL. AN ACT MAKING APPROPRIATIONS FOR THE

SUPPORT OF GOVERNMENT STATE OPERATIONS BUDGET.

ACTING SPEAKER AUBRY: GOVERNOR'S MESSAGE

-- OH! ON A MOTION BY MS. WEINSTEIN, THE SENATE BILL IS BEFORE THE

HOUSE. THE SENATE BILL IS ADVANCED. GOVERNOR'S MESSAGE IS AT THE

DESK. THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

KATHY HOCHUL, GOVERNOR.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. WEINSTEIN.

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MS. WEINSTEIN: THANK YOU, MR. SPEAKER. THIS

BILL WOULD ENACT THE STATE OPERATIONS BUDGET FOR STATE FISCAL YEAR

'24-'25, INCLUDES AN ALL-FUNDS APPROPRIATION OF 58.9 BILLION AND

ENACTMENT OF THIS LEGISLATION IS NECESSARY TO PROVIDE FOR THE OPERATION

OF STATE AGENCIES THROUGH FISCAL YEAR '24-'25.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER. WILL THE CHAIR

YIELD?

MS. WEINSTEIN: YES.

ACTING SPEAKER AUBRY: MS. WEINSTEIN

YIELDS.

MR. RA: THANK YOU. SO -- JUST GIVE -- YOU SAID 88.9

BILLION IS THE APPROPRIATION AMOUNT?

MS. WEINSTEIN: FIFTY-EIGHT POINT NINE.

MR. RA: FIFTY-EIGHT, POINT NINE, OKAY. AND WHAT IS

THE FISCAL IMPACT IN TERMS OF DOLLAR -- CASH DOLLARS?

MS. WEINSTEIN: THIRTY-FIVE BILLION.

MR. RA: THIRTY-FIVE, THANK YOU. WITH REGARD TO THE

SPECIAL EMERGENCY APPROPRIATIONS. NOW I'M -- I'M HAPPY TO SEE THAT

THEY'LL CONTINUE TO BE SUBJECT TO THE COMPTROLLER'S OVERSIGHT AND

REVIEW. BUT CAN YOU EXPLAIN THE SPECIAL EMERGENCY APPROPRIATION THAT

HAS INCREASED BY $1 BILLION, WHAT THE REASON FOR THAT IS?

(PAUSE)

MS. WEINSTEIN: THERE ISN'T A SPECIFIC REASON. IT

WASN'T IN THE EXECUTIVE'S PROPOSAL TO BE ABLE TO HAVE A LITTLE FLEXIBILITY.

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NYS ASSEMBLY APRIL 19, 2024

MR. RA: OKAY. AND THEN THERE WERE A NUMBER OF

CONTINGENCY LANGUAGE PROVISIONS THAT WERE IN THE EXECUTIVE PROPOSED

STATE OPERATIONS BILL. SO IF WE CAN GO THROUGH THE -- I BELIEVE THERE

WERE THREE OF THEM IN PARTICULAR. THERE WAS ONE TO DELEGATE THE

DIRECTOR OF THE DIVISION OF BUDGET THE AUTHORITY TO INCREASE OR

DECREASE INTERCHANGES AND TRANSFERS WITHOUT LIMIT. THAT HAS NOT BEEN

INCLUDED IN THIS, CORRECT?

MS. WEINSTEIN: YES. THAT'S CORRECT.

MR. RA: AND THEN THERE WAS THE ONE TO CONDITION

THE EFFECTIVENESS OF THE STATE OPERATIONS BUDGET BILL ON THE PASSAGE OF

THE AID TO LOCALITIES BILL FOR CERTAIN AGENCIES OR IF THE DIRECTOR OF

BUDGET HAS DETERMINED THAT THOSE AID TO LOCALITIES APPROPRIATIONS ARE

SUFFICIENT FOR THE ENSUING FISCAL YEAR. THAT IS NOT IN AS WELL, CORRECT?

MS. WEINSTEIN: CORRECT.

MR. RA: BUT WE DID INCLUDE THE ONE REGARDING

REFUNDS, REBATES, REIMBURSEMENTS, CREDITS, REPAYMENTS AND JUST

ALLOWANCES RECEIVED BY THE STATE COMPTROLLER TO BE CREDITED BACK TO

THE ORIGINAL APPROPRIATION, CORRECT?

MS. WEINSTEIN: YES, YES. THAT IS CORRECT.

MR. RA: THANK YOU. WITH REGARD TO SOME OF THE

PARTICULAR PROVISIONS. ON THE HEALTH SIDE, THIS BUDGET BILL INCLUDES A

NEW APPROPRIATION OF $695.3 MILLION TO INCLUDE THE RETURN OF INTEREST OR

ON THE BASIC HEALTH PROGRAM, THE ESSENTIAL PLAN TRUST FUND. DO YOU

KNOW WHAT THE SOURCE OF THOSE FUNDS IS?

MS. WEINSTEIN: WELL, THE INCREASE IN STATE

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NYS ASSEMBLY APRIL 19, 2024

OPERATIONS ESSENTIAL PLAN APPROPRIATIONS OF THE 600 MILLION YOU

REFERENCE, IS AN INTEREST FROM THE FROZEN BASIC HEALTH PLAN TRUST FUND TO

THE FEDERAL GOVERNMENT, AND THIS WAS AN AGREEMENT THAT WAS MADE IN

CONJUNCTION WITH THE NEW 1332 WAIVER AGREEMENT AND IT ALSO ALLOWS

THE STATE TO USE 95 MILLION IN 1332 SURPLUS FUNDS TO OFFSET EXPENDITURE

ON THE ADMINISTRATION OF THE ESSENTIAL PLAN.

MR. RA: OKAY. SO THE INTENDED PURPOSE FOR THESE

FUNDS IS GOING -- IS GOING TO BE TO OFFSET THE ADMINISTRATION OF THE

ESSENTIAL PLAN?

MS. WEINSTEIN: YES. THE 95 MILLION, THE 600 WE

DID RETURN TO THE FEDS.

MR. RA: OKAY. AND THEN I UNDERSTAND THESE

CONTRACTUAL SERVICES MAKE UP $689.9 MILLION OF THESE FUNDS. DO YOU

KNOW WHAT -- WHAT THESE CONTRACTS ARE FOR AND WHO WAS RECEIVING THESE

CONTRACTS?

MS. WEINSTEIN: WE BELIEVE IT'S WITH THE STATE OF

HEALTH MARKETPLACE, DEPARTMENT STATE OF HEALTH.

MR. RA: OKAY. ON HIGHER EDUCATION, WE HAVE AN

ADDITIONAL MILLION APPROPRIATED TO EXPAND THE NURSING PROGRAMS IN

BOTH CUNY AND SUNY, IS THAT CORRECT?

MS. WEINSTEIN: YES.

MR. RA: AND I KNOW WE'VE TALKED ABOUT THIS ISSUE

IN THE PAST REGARDING, YOU KNOW, A SHORTAGE OF NURSES WE'VE HAD IN

NEW YORK STATE. SO DO WE HAVE ANY SENSE OF HOW MANY STUDENTS THIS

WILL ENABLE TO GO TO COLLEGE AND OBTAIN A NURSING DEGREE TO HELP

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ADDRESS THAT SHORTAGE?

MS. WEINSTEIN: WE DON'T HAVE -- HAVE NUMBERS

BUT THIS IS ON TOP OF WHAT ALREADY IS THERE SO FOR CUNY IT WOULD BE A

TOTAL OF 3 MILLION FOR THE NURSING PROGRAMS AND FOR SUNY IT WOULD BE

A TOTAL OF 2.7 MILLION, BUT WE DON'T HAVE THE SPECIFICS ON HOW MANY

STUDENTS THAT -- THAT RELATES TO.

MR. RA: OKAY. AND THEN THERE ALSO A $1 MILLION

ADDITION TO THE MARITIME APPOINTMENTS PROGRAM AT SUNY MARITIME.

DO WE HAVE ANY ESTIMATE ON THE NUMBER OF ADDITIONAL STUDENTS WHO

WILL BE ABLE TO ATTEND SUNY MARITIME THROUGH THIS PROGRAM?

(PAUSE)

MS. WEINSTEIN: THE INTENTION IS IT WOULDN'T

INCREASE THE NUMBER OF STUDENTS BUT IT WOULD HELP OFF -- OFFSET THE COST

OF THE STUDENTS.

MR. RA: OKAY.

MS. WEINSTEIN: YOU KNOW, THE NUMBER OF

STUDENTS THAT STATUTORILY ARE ALLOWED TO BE APPOINTED.

MR. RA: OKAY, THANK YOU. ON EDUCATION. IN

PARTICULAR WE TALKED A LITTLE BIT ON THE PRIOR BILL ABOUT THE FOUNDATION

AID STUDY. SO THE ROCKEFELLER INSTITUTE HAS BEEN SELECTED AS THE ENTITY

WHO IS GOING TO CONDUCT THIS STUDY WITH THE STATE EDUCATION

DEPARTMENT?

MS. WEINSTEIN: CORRECT.

MR. RA: AND DO WE KNOW WHY THE ROCKEFELLER

INSTITUTE AT SUNY ALBANY WAS SELECTED AS OPPOSED TO PERHAPS HAVING

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THE STATE EDUCATION DEPARTMENT SELECT SOMEBODY TO PARTNER WITH

THEM?

MS. WEINSTEIN: RATHER THAN HAVE SED, WE

WANTED TO HAVE AN ORGANIZATION THAT COULD LOOK AT THIS THAT WASN'T

DIRECTLY PART OF THE SED THAT COULD HELP BRING OTHER PERSPECTIVE INTO

THE CONVERSATIONS.

MR. RA: SO IS SED THEN SUPPORTIVE OF THIS BEING THE

ENTITY TO DO THIS STUDY WITH THEM?

MS. WEINSTEIN: I REALLY DON'T KNOW THE ANSWER TO

THAT QUESTION.

MR. RA: ALL RIGHT. THE CULTURAL EDUCATION FUND.

THE EDUCATION DEPARTMENT HAS RAISED THE ALARM ABOUT THE VOLATILITY OF

THE CULTURAL EDUCATION FUND DUE TO ITS RELIANCE ON REAL ESTATE

INSTRUMENTS TO FUND THE VARIOUS PROGRAMS INCLUDING THE STATE MUSEUM,

THE STATE LIBRARY, STATE ARCHIVES. HAVE WE DONE ANY TYPE OF STUDY TO

IDENTIFY ALTERNATIVE METHODS OF PROVIDING A STEADY FUNDING STREAM SO

WE CAN ENSURE THAT THOSE INSTITUTIONS REMAIN ACCESSIBLE AND OPEN TO

VISITORS?

MS. WEINSTEIN: NO, WE DID NOT BUT WE DO -- WE

DID IN THE CAPITAL BUDGET INCLUDE $10 MILLION FOR THE STATE MUSEUM.

MR. RA: THANK YOU. ON ENVIRONMENTAL

CONSERVATION. SO WE'RE APPROPRIATING $237.9 MILLION WHICH IS A $21.9

MILLION INCREASE FROM LAST YEAR FOR VARIOUS ADMINISTRATIVE COSTS, WHICH

MY UNDERSTANDING INCLUDES A DATABASE TO TRACK THE ENVIRONMENTAL

BOND ACT SPENDING?

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: YES.

MR. RA: OKAY. HOW -- HOW IS THAT SPENDING BEING

TRACKED AS OF RIGHT NOW? IS THE AGENCY ASKING FOR ADDITIONAL FUNDING

SO THAT THEY CAN TRACK IT OR ARE THEY NOT DOING THAT CURRENTLY?

MS. WEINSTEIN: THE AGENCY -- THE AGENCY IS

ASKING FOR IT SO THAT IT COULD BE IMPLEMENTED CONCURRENTLY WITH THE

BOND ACT.

MR. RA: AND IT WILL -- DO WE EXPECT THAT AS THEY'RE

TRACKING IT THAT ANY TYPE OF INFORMATION OR REPORT WILL BE SHARED WITH

THE LEGISLATURE OR WITH THE PUBLIC TRACKING THAT SPENDING?

MS. WEINSTEIN: YES. THERE ARE REPORTING

REQUIREMENTS.

MR. RA: GREAT. DO WE HAVE ANYTHING IN THIS BUDGET

TO PROVIDE FOR ADDITIONAL NEW YORK STATE FOREST RANGER PERSONNEL?

MS. WEINSTEIN: NO, THERE'S NOTHING ADDITIONAL.

MR. RA: OKAY. AND WE HAVEN'T DONE ANYTHING

EITHER WITH REGARD TO THE PENSION PARITY THAT'S BEEN TALKED ABOUT IN THE

PAST FOR OUR PARK POLICE AND OFFICERS?

MS. WEINSTEIN: NO, WE DID NOT.

MR. RA: OKAY. WITH REGARD TO LITHIUM ION BATTERY

FIRES. YOU KNOW, THESE HAVE BEEN VERY DIFFICULT TO PUT OUT, THEY CAUSE

CONTAMINATION OF LIVESTOCK, FOOD, VEGETATION, LAND. WE SAW A

PARTICULAR INCIDENT UP IN JEFFERSON COUNTY LAST SUMMER. ARE WE DOING

ANYTHING IN THE BUDGET TO HELP DEAL WITH THESE DANGERS?

MS. WEINSTEIN: NO, BUT WE DID PASS LEGISLATION

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NYS ASSEMBLY APRIL 19, 2024

REGARDING THE LITHIUM BATTERIES EARLIER IN SESSION.

MR. RA: OKAY. ARE WE INCLUDING ANY TYPE OF

FUNDING TO HELP WITH PERSONNEL FOR ENVIRONMENTAL CLEANUP IN THE CASE

OF LITHIUM ION FIRES AND HAZARDOUS MATERIALS THAT MAY BE RELEASED IN

THOSE FIRES?

MS. WEINSTEIN: WE -- WE DO HAVE -- ALREADY HAVE

ENVIRONMENTAL CLEANUP FUNDS SO THERE'S NOTHING SPECIFICALLY INCLUDED

IN THIS BUDGET RELATING TO LITHIUM BATTERIES.

MR. RA: OKAY. WITH REGARD TO UTILITIES. THERE'S AN

APPROPRIATION FOR $26 MILLION TO TRANSFER THE OFFICE OF RENEWABLE

ENERGY SITING FROM THE DEPARTMENT OF STATE TO A RENEWABLE ENERGY

SITING AND ELECTRIC TRANSMISSION PROGRAM UNDER THE DEPARTMENT OF

PUBLIC SERVICE; IS THAT CORRECT?

MS. WEINSTEIN: YES.

MR. RA: AND THIS ENTITY THEN WILL ALSO OVERSEE WITH

THE PROVISIONS THAT WERE INCLUDED IN A PRIOR BILL FOR TRANSMISSION LINES

AND ALL OF THAT?

MS. WEINSTEIN: YES, YES. WE'RE JUST SWITCHING

THE AGENCY. THERE'S NO ADDITIONAL FUNDS.

MR. RA: OKAY. DO WE KNOW THEN HOW, YOU KNOW,

IF THEY'RE DOING THIS ADDITIONAL WORK IN TERMS OF SITING TRANSMISSION,

DOES THE CHANGE IN THE AGENCY IMPACT LOCAL GOVERNMENTS IN TERMS OF

THEIR ABILITY TO DEAL WITH MUNICIPAL HOME RULE ISSUES AND DEAL WITH

HAVING A SAY IN -- IN ENERGY SITING?

(PAUSE)

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: AS I BELIEVE WE SPOKE ABOUT

YESTERDAY, THE ARTICLE VII BILL DOES PROVIDE SOME ADDITIONAL PROVISIONS

RELATING TO MUNICIPAL INPUT.

MR. RA: OKAY. THAT ONE I THINK WE WILL SOMEWHAT

AGREE TO DISAGREE AND WE'LL SEE HOW IT WORKS AS IT GOES FORWARD. BUT

ONE OTHER ISSUE I WANTED TO ASK YOU ABOUT, PUBLIC PROTECTION. SO WE

HAVE FUNDING INCLUDED FOR THE STATE POLICE TO EXPAND THE DEPARTMENTS

ABILITY TO COMBAT RETAIL THEFT AND THE RETAIL THEFT TEAMS. DO WE HAVE ANY

SPECIFICS AS TO HOW THE STATE POLICE IS GOING TO UTILIZE THIS FUNDING?

(PAUSE)

MS. WEINSTEIN: SO OUR UNDERSTANDING IS THAT

$17.8 MILLION WILL BE -- ARE ALLOCATED TO FORM A SPECIAL RETAIL THEFT UNIT

OF APPROXIMATELY 101, SO NOT APPROXIMATELY, 101 FDES.

MR. RA: OKAY, 101. AND DO WE KNOW IN PARTICULAR

HOW AS THEY'RE UTILIZING THIS FUNDING AND IN FORMING THESE TEAMS, HOW

OR WHAT WE'RE REQUIRING IN TERMS OF THEM WORKING WITH LOCAL LAW

ENFORCEMENT ON THESE OPERATIONS TO COMBAT RETAIL THEFT?

(PAUSE)

MS. WEINSTEIN: SO THERE IS $5 MILLION ASSOCIATED

FOR THE IMPLEMENTATION OF THEIR ACTIVITIES AND THEY WILL COORDINATE WITH

THE LOCAL LAW ENFORCEMENT.

MR. RA: THANK YOU. AND I -- YOU KNOW, I HOPE THAT

WILL IN ADDITION TO MANY OF THE OTHER THINGS THAT WE'VE -- WE'VE DONE IN

THIS BUDGET TO HELP WITH WHAT HAS BECOME A, YOU KNOW, A MAJOR ISSUE

PARTICULARLY IN -- IN DOWNSTATE. LASTLY, IN -- IN TERMS OF OUR TAX AND

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FINANCE. ONE OF THE THINGS THAT CAME UP AT THE BUDGET HEARING AND I

BELIEVE WE HAVE LOOKED AT SOME PROVISIONS AND THERE'S SOME BILLS OUT

THERE RELATED TO ENFORCEMENT, YOU KNOW, WE HAVE OBVIOUSLY

REGULATIONS WE'VE -- WE'VE PUT FORTH WITH REGARD TO VAPING OVER THE

YEARS. AND UNFORTUNATELY THERE IS A DIFFERENCE IN HOW WE TREAT

ENFORCEMENT RELATED TO TOBACCO PRODUCTS AND -- AND WITH VAPING

PRODUCTS. AND I KNOW WE'VE TALKED A LOT ABOUT ILLICIT CANNABIS BUT

THERE'S ALSO BEEN A MAJOR PROBLEM WITH ILLEGAL VAPING PRODUCTS. SO IS

ANY OF THE -- THE FUNDING FOR TAX AND FINANCE ENABLING THEM TO, YOU

KNOW, BETTER BE ABLE TO ENFORCE THOSE PROVISIONS BECAUSE THEY -- THEY

ARE THE ONES RESPONSIBLE FOR IT AS OPPOSED TO THE DEPARTMENT OF HEALTH

WHEN IT COMES TO OTHER TOBACCO ITEMS?

MS. WEINSTEIN: THERE IS NOTHING PARTICULARLY

SPECIFIED IN THAT REGARD.

MR. RA: OKAY. DO YOU KNOW IF -- WHEN, YOU KNOW,

A DEPARTMENT OF HEALTH OR DEPARTMENT OF -- OR TAX AND FINANCE

ENFORCEMENT AGENT, YOU KNOW, ENCOUNTERS SOMETHING THAT'S WITHIN

THEIR PURVIEW, BUT -- OR I'M SORRY, ENCOUNTERS SOMETHING THAT'S NOT

WITHIN THEIR PURVIEW WHILE THEY MAY TAKE ENFORCEMENTS ON SOMETHING

THAT IS, HOW THAT IS HANDLED BY THE AGENCIES TO ENSURE THAT ILLEGAL

PRODUCTS ARE -- ARE NOT CONTINUED TO BE SOLD?

MS. WEINSTEIN: UNFORTUNATELY I'M NOT AWARE OF

THAT KIND OF DETAIL, MR. RA.

MR. RA: OKAY, THANK YOU.

MR. SPEAKER, ON THE BILL.

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NYS ASSEMBLY APRIL 19, 2024

ACTING SPEAKER AUBRY: ON THE BILL, MR. RA.

MR. RA: SO I THANK THE CHAIR AGAIN FOR ANSWERING

SOME QUESTIONS. YOU KNOW, I JUST -- SINCE THIS IS -- THIS IS OUR SECOND

TO LAST BILL, JUST -- JUST A COUPLE OF THOUGHTS THAT I WANTED TO SHARE

AGAIN. THIS HAS BEEN OBVIOUSLY AN INTERESTING FEW WEEKS BETWEEN

THINGS THAT WERE, YOU KNOW, FORESEEABLE THAT WE KNEW THAT WERE

HAPPENING, DIFFERENT HOLIDAYS, A SOLAR ECLIPSE, AN EARTHQUAKE, A -- A

SURPRISE DOUBLE ALBUM FROM TAYLOR SWIFT, AND EVEN AS WE'RE HERE ON A

SATURDAY, WE'VE ACTUALLY HAD A SESSION DAY ON EVERY DAY OF THE

CALENDAR WEEK DURING THIS PROCESS AS WELL. SO THIS -- THIS SEEMS LIKE

ONE FOR THE -- ONE FOR THE RECORD BOOKS.

I DO CONTINUE TO HAVE THE FRUSTRATION THAT AS WE DO THIS

WE DON'T REALLY KNOW EVERYTHING THAT WE OUGHT TO KNOW BEFORE WE'RE

TAKING ACTION ON -- ON A BUDGET. YOU KNOW, WE KNOW THE TOTAL

SPENDING NUMBERS, THAT'S GREAT. WE DID ABOUT HALF THE BILLS WITHOUT

KNOWING THAT. WE STILL DON'T HAVE A COMPLETE PICTURE OF WHERE WE ARE

IN THE OUT-YEARS. AS I'VE SAID IN THE PAST, WE WANT TO KNOW THAT

INFORMATION BECAUSE WE NEED TO KNOW IF OUR REVENUES AND OUR

SPENDING ARE -- ARE LINING UP BECAUSE WE CAN CONTINUE TO MAKE

WONDERFUL INVESTMENTS IN -- IN THESE BUDGETS, AND -- AND THERE'S SOME

GREAT THINGS HERE. I MEAN I'M -- I'M VERY THRILLED TO SEE THE TAP

INCREASES THAT VERY MUCH MIRRORS A BILL THAT I'VE CARRIED FOR A NUMBER

OF YEARS REGARDING THE INCOME THRESHOLD AND REGARDING -- REGARDING THE

MINIMUM AWARD. SO I'M -- I'M GLAD THAT THAT HAS SEEN FIT TO COME

FORWARD AFTER IT HAD BEEN HELD PREVIOUSLY IN COMMITTEE. YOU KNOW,

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NYS ASSEMBLY APRIL 19, 2024

WE'RE -- WE'RE DOING THINGS ON TERMS OF THE RESTORATION TO SCHOOL AID

WHICH ARE IMPORTANT AND -- AND SO MANY OTHER ISSUES THAT MANY OF US

HAVE ADVOCATED FOR FOR YEARS. BUT AT THE END OF THE DAY WE HAVE A

$237 BILLION BUDGET, AND IF WE HAVE A SITUATION WHERE OUR TAX REVENUES

DON'T CONTINUE TO COME IN AS STRONG AS THEY HAVE, SO MANY OF THOSE

INVESTMENTS COULD BE ON THE CHOPPING BLOCK AS WE GET INTO A FUTURE

BUDGET. SO I -- I THINK WE NEED TO ATTACK THE REST OF THIS SESSION WITH A

HOPEFULLY RENEWED SENSE OF -- OF TRANSPARENCY AS WE DO OUR WORK.

THERE WAS ANY NUMBER OF THINGS THAT CAME UP TODAY, YESTERDAY, THE

DAY BEFORE ABOUT THINGS THAT MAYBE WE WILL ADDRESS OUTSIDE OF -- OF THE

BUDGET, AND -- AND I HOPE WE DO AND CONTINUE TO HAVE THOSE

CONVERSATIONS AS WE MOVE TOWARDS A CONCLUSION IN JUNE, BUT I -- I

THINK, ONCE AGAIN, WE ARE ADOPTING A BUDGET THAT SPENDS TOO MUCH

WITHOUT HAVING SOME BASIC TRANSPARENCY AND ACCOUNTABILITY TO MAKE

SURE WE ARE RESPONSIBLY USING THE TAXPAYERS' DOLLARS. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. GOODELL: HAVE YOU EVER HAD THAT SENSE THAT

YOU'VE BEEN SOLD A BILL OF GOODS? A FEW YEARS AGO I THINK WE WERE

SOLD A BILL OF GOODS WHEN WE WERE TOLD THAT IF WE LEGALIZED MARIHUANA

WE WOULD SEE MASSIVE AMOUNTS OF TAX REVENUE AND WE WOULD UNDERCUT

CRIMINAL ENTERPRISES AND DESTROY THE BLACK MARKET. THAT'S WHAT WE

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NYS ASSEMBLY APRIL 19, 2024

WERE TOLD, RIGHT? EVERYONE WHO WAS HERE REMEMBERS THAT, IT WASN'T

THAT LONG AGO. AND MOST OF US ARE CLEAN, DRY AND SOBER SO WE CAN

REMEMBER IT. BUT WHAT'S THE REALITY BEEN? WELL, THE REALITY IS THAT

INSTEAD OF MILLIONS AND MILLIONS OF DOLLARS OF TAX REVENUE THAT WE WERE

PROMISED, SO FAR THE RECREATIONAL MARIHUANA PROGRAM HAS COST NEW

YORK STATE TAXPAYERS OVER $200 MILLION, $200 MILLION LOST EXPENSES

EXCEEDING REVENUE. THIS YEAR YOU'LL BE GLAD TO KNOW THAT WHILE WE

WERE PROJECTED TO MAKE OVER 175 MILLION, WE ACTUALLY MADE

SOMETHING, IT LOOKS LIKE WE'RE GOING TO CLEAR ABOUT 8 MILLION. SO AT

LEAST WE'RE NOW IN THE BLACK. WE WERE TOLD THAT IF WE LEGALIZE

RECREATIONAL MARIHUANA IT WOULD UNDERCUT THE BLACK MARKET. SO WE

LEGALIZED RECREATIONAL MARIHUANA IN 2021 SO THAT YOU COULD HAVE

TWO-AND-A-HALF OUNCES IN YOUR POSSESSION AND THEN YOU COULD HAVE A

DUFFLE BAG OR TWO WITH FIVE POUNDS AT YOUR HOUSE. BUT AT THE TIME WE

LEGALIZED POSSESSION THERE WAS NO WAY YOU COULD LEGALLY BUY

MARIHUANA IN NEW YORK STATE. SO HOW DO YOU THINK ALL THOSE FOLKS

SINCE 2021 HAVE BEEN ABLE TO ACQUIRE THAT MARIHUANA THAT THEY CAN NOW

USE LEGALLY? ANSWER, THERE WAS ONLY ONE SOURCE. IT WAS THE CRIMINAL

DRUG TRADE. SO NOW GIVEN THE BLACK MARKET A THREE YEAR HEAD START, WE

NOW HOPE TO CATCH UP. AND HOW ARE WE CATCHING UP? WELL, WE

SIMPLIFIED THE TAXES THAT LEGAL MARIHUANA SELLERS HAVE TO PAY. IT'S NOW

22 PERCENT. OF COURSE THEY STILL HAVE TO PAY FICA, UNEMPLOYMENT,

DISABILITY AND ALL THE OTHER TAXES AND FEES, AND OF COURSE WE CHARGE

THEM HUNDREDS IF NOT THOUSANDS OF DOLLARS TO GET A LICENSE. SO HAVING

IMPOSED MASSIVE REGULATIONS AND EXPENSES AND FEES, DO WE REALLY

386

NYS ASSEMBLY APRIL 19, 2024

HONESTLY THINK THAT THEY'RE GOING TO BE ABLE TO UNDERCUT THE ILLEGAL

BLACK MARKET THAT DOESN'T PAY ANY OF THOSE FEES OR EXPENSES? NOW IF

YOU'RE NOT SURE, WE CAN LOOK TO OTHER STATES. FOR AN EXAMPLE, LIKE

COLORADO OR CALIFORNIA OR WASHINGTON OR AS EXPECTED, AS ANYONE WITH

BASIC ECONOMICS WOULD RECOGNIZE, THE BLACK MARKET HAS EXPLODED. SO

WE, MY FRIENDS, HAVE BEEN SOLD A BILL OF GOODS. AND I HOPE AT SOME

POINT WE RECOGNIZE THAT MAYBE IT'S NOT A GOOD USE OF TAXPAYER MONEY

TO SPEND MILLIONS AND MILLIONS OF DOLLARS TO PAY FOR THE ILLEGAL DRUGS

THAT WEREN'T EVEN USED BECAUSE THE FARMERS MADE THE MISTAKE OF

BELIEVING US, THIS LEGISLATURE, WHEN WE TOLD THEM THIS PROGRAM WAS

MOVING FORWARD.

THERE'S ONE OTHER AREA WHERE I THINK IT'S WORTH

RECONSIDERING AND THAT'S OUR CAMPAIGN FINANCE PROGRAM. YOU KNOW,

WHEN I FIRST RAN, IN FACT EVERY TIME I'VE RUN I'VE HAD THE GOOD FORTUNE OF

BEING ABLE TO REACH OUT TO PEOPLE THAT ACTUALLY THOUGHT I COULD DO A

GOOD JOB. I DIDN'T WANT TO TEST THAT THEORY THIS YEAR, BUT IN THE PAST I

HAD A LOT OF SUPPORT AND I'M VERY, VERY THANKFUL FOR THAT. BUT

APPARENTLY NOT WANTING TO RELY ON PEOPLE'S VOLUNTARY CONTRIBUTIONS, THIS

LEGISLATURE, AT LEAST THE MAJORITY PASSED A CAMPAIGN FINANCE BILL THAT

FORCES TAXPAYERS TO FUND CAMPAIGNS. AND IT'S MY UNDERSTANDING THAT

THIS YEAR OUT OF THE 212 STATEWIDE RACES THAT WOULD BE ELIGIBLE, ABOUT

150 RACES INVOLVED PUBLIC CAMPAIGN FINANCING. AND IN THIS BUDGET, AS

PART OF THE STATE OPERATIONS, WE PAY FOR THE COST OF MANAGING THAT

PROGRAM. NOW YOU ALL KNOW THAT WE PUT ASIDE $125 MILLION OF OUR

TAXPAYERS' HARD-EARNED MONEY TO PAY FOR CAMPAIGNS, BUT I WANTED TO

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NYS ASSEMBLY APRIL 19, 2024

POINT OUT THAT THIS BUDGET THAT WE'RE ABOUT TO VOTE ON INCLUDES 14.5

MILLION FOR THE OVERHEAD. SO DO SOME SIMPLE MATH. TAKE 14.5 AND

DIVIDE IT BY THE 150 CONTESTED CAMPAIGNS AND WE'RE PAYING $98,000

PER RACE FOR OVERHEAD. NOW MAYBE MY DISTRICT IS DIFFERENT THAN YOURS,

BUT THE FIRST TIME I RAN I HAD A STAFFER AND THE COST OF THIS OVERHEAD IS

ABOUT TEN TIMES MORE THAN I PAID MY STAFFER. NOW THINK ABOUT THAT.

WE'RE PAYING TEN TIMES MORE THAN YOU MIGHT PAY FOR A STAFFER TO

SUPERVISE ONE ASPECT OF THE CAMPAIGN. NOW SURELY, SURELY WE CAN

SPEND LESS THAN $98,000 TO SUPERVISE A PROGRAM THAT INVOLVES TWO

CANDIDATES RUNNING AGAINST EACH OTHER. NOW MAYBE WE'RE HIRING, YOU

KNOW, UNEMPLOYED PEOPLE WITH A MASTER'S IN BUSINESS ADMINISTRATION

OR MAYBE CERTIFIED PUBLIC ACCOUNTANTS. IN MY DISTRICT, BY THE WAY, WE

SHOULD BE SUBCONTRACTING WITH THE REST OF THIS -- REST OF YOU BECAUSE WE

CAN DO IT USING CERTIFIED ACCOUNTANTS FOR A FRACTION OF THAT COST. SO

ANYWAY MY FRIENDS, AS WE MOVE FORWARD, LET'S LOOK FOR WAYS THAT WE

CAN BE EFFICIENT AND LET'S DO OUR BEST NOT TO FALL FOR A BILL OF GOODS THAT

WE ALL KNOW ISN'T GOING TO DELIVER THE WAY IT'S PROMISED. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED TO THIS BILL, BUT THOSE WHO WANT TO

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NYS ASSEMBLY APRIL 19, 2024

SUPPORT IT ARE CERTAINLY WELCOME TO VOTE YES ON THE FLOOR. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: MS. SOLAGES. THANK

YOU.

MS. SOLAGES: THE MAJORITY CONFERENCE WILL BE

VOTING IN THE AFFIRMATIVE. THOSE WHO WISH TO VOTE IN THE NEGATIVE CAN

DO SO NOW.

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

ACTING SPEAKER AUBRY: ON THE B-CALENDAR,

PAGE 3, RULES REPORT NO. 36, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. 8801-A, RULES REPORT

NO. 36, BUDGET BILL. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF

GOVERNMENT - LEGISLATURE AND JUDICIARY BUDGET.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

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

ADVANCED. GOVERNOR'S MESSAGE IS AT THE DESK. THE CLERK WILL READ.

THE CLERK: I HEREBY CERTIFY TO AN IMMEDIATE VOTE,

KATHY HOCHUL, GOVERNOR.

ACTING SPEAKER AUBRY: MR. RA ASKS FOR AN

EXPLANATION.

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NYS ASSEMBLY APRIL 19, 2024

MS. WEINSTEIN: MR. SPEAKER, VERY BRIEFLY. THIS

BILL WOULD ENACT APPROPRIATIONS IN SUPPORT OF THE LEGISLATURE AND

JUDICIARY FOR OUR FISCAL YEAR '24-'25, INCLUDES AN ALL-FUNDS

APPROPRIATION OF $4 BILLION. ENACTMENT IS NECESSARY TO PROVIDE FOR THE

OPERATIONS OF THE ASSEMBLY, SENATE AND THE UNIFIED COURT SYSTEM.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: THANK YOU. THIS IS OUR LAST BUDGET BILL SO I

WOULD BE REMISS IF I DIDN'T START BY SAYING THANK YOU TO OUR CHAIR, WE

KNOW THIS IS HER LAST BUDGET WITH US. I'VE HAD THE OPPORTUNITY NOW FOR

FIVE BUDGET CYCLES TO -- TO WORK WITH CHAIR WEINSTEIN ON A BUDGET.

THEY'VE BEEN CERTAINLY INTERESTING ONES FROM, YOU KNOW, THE COVID

BUDGET OF 2020 ON, BUT AS WE ALL KNOW OUR CHAIR HAS BEEN REALLY A

TRAILBLAZER IN THIS -- IN THIS CHAMBER. WHEN SHE TOOK OVER AS CHAIR,

OBVIOUSLY SHE HAD VERY BIG SHOES TO FILL OF MR. FARRELL BUT SHE HAS DONE

THE JOB WITH INTELLIGENCE, CLASS, GRACE AND IT'S BEEN MY PLEASURE TO HAVE

WORKED WITH YOU FOR THROUGH THESE FIVE BUDGETS. MANY HOURS UP ON

THAT DAIS IN THE HEARING ROOM, MANY HOURS ON ZOOM HEARINGS DURING

THE PANDEMIC AND -- AND MANY INTERCHANGES ON THE FLOOR THIS YEAR, BUT

WE DIDN'T FILL YOU AT ALL IN ON, WE JUST WANTED ALL THOSE EXTENDERS SO WE

CAN HAVE ADDITIONAL CONVERSATIONS ON THE FLOOR THIS YEAR SO...

(APPLAUSE)

ACTING SPEAKER AUBRY: ONE MORE TIME.

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NYS ASSEMBLY APRIL 19, 2024

(APPLAUSE)

MR. RA: SO AGAIN, THANK YOU FOR YOUR WORK. TO

YOUR STAFF, TO RICH, THANK YOU FOR ALL OF YOUR -- ACCOMMODATING US, ALL

OF YOUR COMMUNICATION WITH OUR STAFF. CERTAINLY PHILIP AND YOUR

ENTIRE MAJORITY STAFF, THANK YOU FOR YOUR WORK THROUGHOUT THIS BUDGET

PROCESS, AND THEN I HAVE TO SAY FOR MY TEAM HERE AND OF COURSE THAT'S

IMMEDIATELY WHEN I END UP GETTING EMOTIONAL. I HAVE THE ABSOLUTE

PRIVILEGE OF DOING THIS JOB WITH THE CONFIDENCE OF LEADER BARCLAY AND

WORKING WITH JUST INCREDIBLE PEOPLE. LAUREN O'HARE, OUR DIRECTOR

LEADS A DEDICATED TEAM THROUGHOUT THE CLOCK, ALL NIGHT LONG THE LAST

COUPLE DAYS. TURNING AROUND THE INFORMATION, DOING IT SKILLFULLY BUT

MAKING SURE OUR MEMBERS KNEW EVERYTHING THEY NEEDED TO KNOW

ABOUT -- ABOUT THE BILLS AND I -- I COULDN'T BE MORE PROUD OF THE WORK

THAT THEY DO AND THAT I GET TO WORK SO CLOSELY WITH ALL OF THEM. SO

THANK YOU TO OUR STAFF.

(APPLAUSE)

AND I JUST REALLY WANT TO AGAIN, THANK ALL OF OUR

MEMBERS FOR PARTICIPATING IN THE DEBATE. I THINK WE RAISED A LOT OF

POINTS THAT WE FELT WERE IMPORTANT, BUT I -- I THINK FOR THE MOST PART WE

HAD VERY GOOD DEBATE BACK AND FORTH, RESPECTFUL DEBATE WHICH IS GOOD

BECAUSE THAT'S WHAT THIS IS ABOUT. WE HAVE DIFFERENCES, THEY SHOULD BE

RAISED AND WE CAN TALK ABOUT OUR DIFFERENCES, BUT, YOU KNOW, DOING IT

IN A WAY THAT'S NOT PERSONAL, THAT STICKS TO THE ISSUES AT HAND. SO I

THANK EVERYBODY FOR THEIR COOPERATION THROUGH THAT PROCESS AND I LOOK

FORWARD TO SEEING YOU ALL IN A FEW WEEKS. THANK YOU, MR. SPEAKER.

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NYS ASSEMBLY APRIL 19, 2024

ACTING SPEAKER AUBRY: THANK YOU.

(APPLAUSE)

MS. WEINSTEIN.

MS. WEINSTEIN: MR. SPEAKER, THERE WILL BE A TIME

LATER IN THE YEAR FOR LONGER SPEECHES BUT I JUST WANTED TO SAY TO -- TO

EVERYONE, BUT PARTICULARLY TO MR. RA, IT HAS BEEN A PLEASURE WORKING

WITH YOU ON THE BUDGET, AT THE HEARINGS AND BOTH IN THE COMMITTEE AND

ON THE FLOOR. AND THANK YOU FOR LETTING ME GET SO MANY MORE CHAPTERS

WITH THESE EXTENDERS. AND WE'LL TALK -- YOU WILL BE READING THE PRESS

RELEASES ABOUT THE BUDGET BUT ALL OF THAT -- THE BUDGET THAT WE HAVE

BEFORE US WOULDN'T BE POSSIBLE WITHOUT THE INPUT OF SO MANY OF MY

COLLEAGUES, AS I MENTIONED EARLIER, AND ALL OF OUR -- I WANT TO TAKE A

MOMENT TO JUST PUBLICLY THANK ALL OF OUR WAYS AND MEANS, STAFF, OUR

P&C STAFF THAT HELPED MAKE THIS BUDGET POSSIBLE. THOSE THAT SAT

ALONGSIDE OF ME --

(APPLAUSE)

-- AND I KNOW THAT PEOPLE ARE ANXIOUS THAT A WEEK IN

ALBANY IS ENOUGH, SO AND PEOPLE ARE READY TO LEAVE. I JUST WANT TO SAY

THAT THE STAFF -- AND THE WAYS AND MEANS STAFF UNDER THE LEADERSHIP THIS

FIRST YEAR, SECRETARY OF WAYS AND MEANS PHILIP FIELDS AND MATT

GOLDEN, THE DIRECTOR OF BUDGET --

(APPLAUSE)

-- AND I WOULD BE REMISS IF I LEFT OUT VICTOR FRANCO,

OUR DIRECTOR OF FISCAL STUDIES, ALL OF THEM AND THEIR STAFF --

(APPLAUSE)

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NYS ASSEMBLY APRIL 19, 2024

-- ALL OF THEM AND THE STAFFS THEY WORK WITH SIT NEXT TO

ME AT VARIOUS TIMES AS YOU'VE NOTICED DURING THESE DEBATES AND MAKE

ME LOOK MUCH SMARTER THAN I AM SO I THANK THEM. AND WITH THAT, MR.

SPEAKER, I VOTE IN THE AFFIRMATIVE, OR I WILL BE.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU. AS MUCH AS WE LOVE

BOTH THE LEGISLATURE AND THE JUDICIARY, THE REPUBLICAN CONFERENCE IS

GENERALLY IN THE NEGATIVE. BUT THOSE WHO WANT TO EXPRESS THEIR LOVE BY

VOTING YES, ARE CERTAINLY WELCOME TO DO SO HERE ON THE FLOOR. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SOLAGES.

MS. SOLAGES: THE MAJORITY CONFERENCE WILL BE

VOTING IN THE AFFIRMATIVE. THOSE WHO WISH TO VOTE IN THE NEGATIVE CAN

DO SO NOW.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

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NYS ASSEMBLY APRIL 19, 2024

(APPLAUSE)

MS. SOLAGES.

MS. SOLAGES: MR. SPEAKER, DO WE HAVE ANY

FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE NEITHER

HOUSEKEEPINGS NOR RESOLUTIONS. DO YOU HAVE SOMETHING TO TELL US?

MS. SOLAGES: YES. WELL, BEFORE WE CLOSE OUT FOR

THE DAY, I DO WANT TO RECOGNIZE A MOMENT IN HISTORY. IT'S THE 57TH

ANNIVERSARY OF WAYNE JACKSON BEING WOUNDED IN VIETNAM, AND I JUST

WANTED TO GIVE A MOMENT TO THANK HIM FOR HIS SACRIFICE AND SERVICE TO

OUR COUNTRY AND STATE, SO IF YOU WOULD JOIN ME.

(APPLAUSE)

SO WITH THAT, I MOVE THAT THE ASSEMBLY STANDS

ADJOURNED UNTIL SATURDAY, APRIL 20TH, THAT BEING A LEGISLATIVE DAY, AND

THAT WE RECONVENE AT 2:00 P.M. ON MONDAY, MAY 6TH, THAT BEING A

SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 4:16 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL SATURDAY, APRIL 20TH, SATURDAY BEING A LEGISLATIVE DAY,

AND TO RECONVENE ON MONDAY, MAY 6TH AT 2:00 P.M., MONDAY BEING A

SESSION DAY.)

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