MONDAY, MAY 13, 2024 2:50 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

REVEREND DUSTIN LONGMIRE WILL OFFER A PRAYER.

REVEREND DUSTIN LONGMIRE: MR. SPEAKER,

NEW YORK STATE ASSEMBLYMEMBERS, AND PERHAPS ESPECIALLY ALL YOU

STAFFERS WHO HAVE BEEN WORKING TIRELESSLY THROUGHOUT THIS LEGISLATIVE

SESSION, I COME TO YOU AS PASTOR OF MESSIAH LUTHERAN CHURCH IN

ROTTERDAM, NEW YORK, AND I COME TO YOU IN A SORT OF IN-BETWEEN TIME

IN OUR OWN TRADITION. THE JOY AND RESURRECTION OF THE EASTER SEASON IS

COMING TO END, AND IN THIS FINAL WEEK OF EASTER, THE CHURCH CENTERS

ITSELF ON THE STORY OF CHRIST'S ASCENSION, WHERE THE DISCIPLES, WOMEN

AND MEN WHO HAD JOINED A NON-VIOLENT ANTI-COLONIAL MOVEMENT OF

LOVE WERE LEFT LOOKING UP AT THE SKY, FOREVER IMPACTED BY WHAT THEY

HAD EXPERIENCED AND SIMPLY WONDERING, HMM, WHAT'S NEXT?

NYS ASSEMBLY MAY 13, 2024

NO MATTER OUR FAITH TRADITION, I BELIEVE WE ARE ALL IN

SUCH A SIMILAR PLACE. WE HAVE EXPERIENCED THE MOST DIFFICULT YEARS OF

OUR LIVES AND WE KNOW EVERYTHING HAS CHANGED. AND WE'RE ALSO, I

THINK, LEFT AT TIMES WONDERING, WHOA, THAT WAS SOMETHING. WHAT'S

NEXT? THE SCRIPTURES TALKS TEACHES THAT THE DISCIPLES WENT BACK TO

JERUSALEM AND THEY GATHERED IN JOY. IN OTHER WORDS, THEY SIMPLY

PRACTICED BEING GOOD NEIGHBORS, AN ACT OF WISDOM THAT IS TAUGHT ACROSS

ALL OUR FAITH TRADITIONS AS WELL. AND I OFFER A BRIEF PRAYER IN THAT LINE.

I PRAY THAT ALL IN THIS PLACE MAY REMEMBER TO BE GOOD

NEIGHBORS. I PRAY THAT ALL IN THIS PLACE MAY REMEMBER TO BE GOOD

NEIGHBORS, TO MAKE SURE ALL HAVE ENOUGH TO EAT, TO MAKE SURE THAT ALL

HAVE A PLACE TO LIVE. I PRAY THAT ALL MAY BE GOOD NEIGHBORS, THAT ALL

MAY RISE AGAINST TIDES OF ANTI-SEMITISM AND ISLAMOPHOBIA AND ALL THE

ASPECTS OF HATE THAT ARE BUBBLING UP IN OUR STATE AND COUNTRY AND

WORLD. I PRAY THAT WE MAY ALL BE GOOD NEIGHBORS, TO BUILD BIGGER

TABLES WHERE ALL ARE WELCOME, RATHER THAN PUSHING PEOPLE AWAY. I PRAY

THAT WE MAY ALL BE GOOD NEIGHBORS, AND REMEMBER THAT EVERY SINGLE

PERSON IS EQUALLY CREATED AS THE CHILD OF GOD. I LIFT THIS UP TO A GOD OF

MANY NAMES. AMEN.

MEMBERS: AMEN.

ACTING SPEAKER AUBRY: 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

NYS ASSEMBLY MAY 13, 2024

JOURNAL OF SUNDAY, MAY THE 12TH.

MS. SOLAGES.

MS. SOLAGES: MR. SPEAKER, I MOVE TO DISPENSE

WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, MAY 12TH AND THAT

THE SAME STAND APPROVED.

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MS. SOLAGES.

MS. SOLAGES: WELL, THANK YOU, MR. SPEAKER.

WE'RE GONNA START THE DAY OFF WITH A QUOTE FROM RACHEL CARSON, A

PIONEER AMERICAN MARINE BIOLOGIST, WRITER AND CONSERVATIONIST. SHE

SAID THAT, THAT THE MORE CLEARLY WE FOCUS OUR ATTENTION ON THE WONDERS

AND REALITIES OF THE UNIVERSE ABOVE US, THE LESS TASTE THAT WE HAVE FOR

DESTRUCTION.

AND SO WITH THAT, MR. SPEAKER, MEMBERS HAVE ON

THEIR DESK -- OH, EXCUSE ME. MAY I HAVE THE MEMBERS' ATTENTION SO THAT

WE CAN ANNOUNCE THE SCHEDULE FOR THE DAY? MEMBERS HAVE ON THEIR

DESK A MAIN CALENDAR WITH 45 NEW BILLS. AFTER ANY INTRODUCTIONS AND

HOUSEKEEPING, WE WILL TAKE UP CALENDAR RESOLUTIONS ON PAGE 3. WE

WILL THEN CONTINUE WITH THE ASSEMBLY'S EARTH DAY PACKAGE WHERE WE

LEFT OFF. WE WILL THEN TAKE UP THESE BILLS IN THE FOLLOWING ORDER: RULES

REPORT NO. 41 BY MS. SHIMSKY, RULES REPORT NO. 42 BY MR. EPSTEIN,

RULES REPORT NO. 43 BY MR. ZEBROWSKI, AND CALENDAR NO. 117 BY MR.

CARROLL. WE ALSO WILL BE CALLING FOR THE COMMITTEE ON WAYS AND

MEANS TO MEET TODAY OFF THE FLOOR. I WILL ANNOUNCE ANY FURTHER FLOOR

NYS ASSEMBLY MAY 13, 2024

ACTIVITY AS WE PROCEED.

SO WITH THAT AS A GENERAL OUTLINE, MR. SPEAKER, LET US

BEGIN OUR WORK WITH INTRODUCTIONS AND HOUSEKEEPING, AS WELL AS I WILL

CALL THE COMMITTEE ON WAYS AND MEANS IN THE SPEAKER'S CONFERENCE

ROOM AS WELL.

ACTING SPEAKER AUBRY: WAYS AND MEANS,

SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.

ON A MOTION BY MR. RIVERA, PAGE 28, CALENDAR NO.

135, BILL NO. 4820, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MS. TAPIA, PAGE 36, CALENDAR NO.

336, BILL NO. 8999-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

ON A MOTION BY MR. ZACCARO, PAGE 41, CALENDAR NO.

407, BILL NO. 5730-A, AMENDMENTS ARE RECEIVED AND ADOPTED.

FOR THE PURPOSES OF A INTRODUCTION, MR. SANTABARBARA.

MR. SANTABARBARA: THANK YOU, MR. SPEAKER.

TODAY, I'M HONORED TO INTRODUCE REVEREND DUSTIN LONGMIRE FROM

MESSIAH LUTHERAN CHURCH IN MY HOMETOWN OF ROTTERDAM WHO OFFERED

THE OPENING PRAYER TODAY. REVEREND LONGMIRE BEGAN HIS JOURNEY AT

GEORGE WASHINGTON UNIVERSITY, STUDYING POLITICAL SCIENCE AND

RELIGION, LAYING THE GROUNDWORK FOR HIS LIFELONG COMMITMENT TO

EFFECTING CHANGE. THROUGHOUT HIS CAREER, HE'S DEMONSTRATED DEDICATION

TO ADVOCACY AND PASTORAL CARE. HIS WORK AT DART -- DARTMOUTH-

HITCHCOCK MEDICAL CENTER AND THE UNITED NATIONS REFLECTS HIS PASSION

FOR SOCIAL EQUITY AND COMPASSIONATE SERVICE. AS PRESIDENT OF THE NEW

YORK STATE COUNCIL OF CHURCHES, HE'S LED INITIATIVES THAT HAVE

NYS ASSEMBLY MAY 13, 2024

TRANSFORMED LIVES IN OUR COMMUNITY.

IN ADDITION TO HIS ADVOCACY, REVEREND LONGMIRE HAS

WORKED ON VARIOUS -- FOR VARIOUS NON-PROFIT ORGANIZATIONS AND

INTERFAITH JUSTICE MOVEMENTS, EARNING THE RESPECT AND ADMIRATION OF ALL

WHO KNOW -- WHO KNOW HIM. I'D ALSO LIKE TO RECOGNIZE HIS ROLE IN

ESTABLISHING THE ROTTERDAM COMMUNITY CENTER IN MY HOMETOWN THAT

HAS HAD A SIGNIFICANT IMPACT ON OUR COMMUNITY. HIS INSIGHTFULNESS

AND INSPIRATION HAVE HELPED UNITE OUR COMMUNITY, FOSTERING

MEANINGFUL ROUNDTABLE DISCUSSIONS ON TOPICS LIKE AUTISM ACCEPTANCE,

POVERTY, AND HIS COMMITMENT TO ADDRESSING FOOD INSECURITY HAS BEEN

EXEMPLARY, ADVOCATING BOTH AT HOME AND HERE AT THE NEW YORK STATE

CAPITOL FOR INITIATIVES LIKE THE HUNGER PREVENTION AND NUTRITION

ASSISTANCE PROGRAM AND UNIVERSAL SCHOOL MEALS. ADDITIONALLY, I'VE

HAD THE PRIVILEGE OF SERVING WITH HIM ON THE SCHENECTADY COUNTY FOOD

COUNCIL WHERE WE'VE WORKED TOGETHER TO SUPPORT INITIATIVES THAT

ADDRESS FOOD INSECURITY IN OUR COMMUNITY. AND JUST THIS PAST WEEK, I

JOINED HIM FOR THE 40TH ANNUAL CROP WALK FOR HUNGER, AN ANNUAL

EVENT DEDICATED TO COMBATING HUNGER, AND LAST YEAR'S EFFORTS RAISED

MORE THAN $31,000, PROVIDING IMMEDIATE SUPPORT AND FOSTERING

LONG-TERM FOOD SECURITY FOR INDIVIDUALS IN NEED.

I'M GRATEFUL FOR HIS LEADERSHIP AND PROUD TO CALL HIM

FRIEND, MR. SPEAKER. IT'S AN HONOR TO HAVE HIM HERE WITH US TODAY, AND

I THANK HIM FOR HIS DEDICATION TO SERVING OUR COMMUNITY. MR.

SPEAKER, I ASK -- I ASK YOU TO PLEASE WELCOME REVEREND LONGMIRE TO

THE CHAMBER AND EXTEND TO HIM ALL THE CORDIALITIES OF THE HOUSE.

NYS ASSEMBLY MAY 13, 2024

THANK YOU, MR. SPEAKER.

ACTING SPEAKER EACHUS: ON BEHALF OF MR.

SANTABARBARA, THE SPEAKER AND ALL THE MEMBERS OF THIS ASSEMBLY, WE

WELCOME YOU, WE THANK YOU FOR YOUR GRACIOUS PRAYER, AND WE NEED IT.

AND AS A DISTINGUISHED GUEST IN THIS CHAMBER, WE EXTEND THE PRIVILEGES

OF THE FLOOR AND HOPE YOU ENJOY THE PROCEEDINGS. THANK YOU FOR

JOINING US TODAY.

(APPLAUSE)

REVEREND LONGMIRE: THANK YOU SO MUCH.

ACTING SPEAKER EACHUS: FOR AN INTRODUCTION,

MS. WOERNER.

MS. WOERNER: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO INTERRUPT OUR PROCEEDINGS FOR -- FOR THE PURPOSES OF AN

INTRODUCTION. WE ARE JOINED TODAY BY THE NEW YORK STATE

CHAMPIONSHIP WARRIORS. THESE YOUNG MEN AND THEIR COACHES WON THE

CLASS B STATE BASKETBALL CHAMPIONSHIPS JUST LAST MONTH. THIS IS THE

SECOND TIME IN THE SCHOOL'S HISTORY THAT THEY HAVE -- THEY HAVE WON THE

STATE CHAMPIONSHIP. AND THEY ARE HERE TODAY TO BE WELCOMED AND TO

RECEIVE THEIR RESOLUTION THAT WE PASSED A COUPLE OF WEEKS AGO, AND I'D

LIKE TO INTRODUCE THEM TO YOU: WE HAVE LUKAS LILAC, CARTER WICHELNS,

THOMAS MCDONOUGH, SHEA BROWN, KAELAN LEAK, BRODY BURDO,

MASON WAGNER, JACK STEWART, JAY GANNON, JACOB NIZNIC, JAXON

MUELLER, JAMES COCOZZO, LANDEN STAIE, MATT LUTZ, AND THEIR COACHES

BRUCE LILAC, DAVE COOK, PETE D'ALOIA, CRAIG BURDO. AND I'D LIKE TO

JUST POINT OUT THAT OUR OWN ASSEMBLY RESOLUTION CLERK, CARRIE

NYS ASSEMBLY MAY 13, 2024

SABOURIN, IS THE SISTER OF THE COACH AND THE -- AND THE AUNT OF LUKAS

LILAC, WHO HAPPENED TO BE THE HIGH SCORER FROM THE GAME.

SO MR. SPEAKER, IF YOU WILL WELCOME THESE FINE YOUNG

MEN AND THEIR COACHES TO THE STATE ASSEMBLY AND OFFER THEM THE

CORDIALITIES OF THE HOUSE.

ACTING SPEAKER EACHUS: THIS IS VERY SPECIAL

FOR ME. HAVING BEEN A HIGH SCHOOL TEACHER FOR 40 YEARS, I KNOW HOW

HARD IT IS TO WIN A CHAMPIONSHIP. I WANT TO COME RIGHT OFF BY SAYING

CONGRATULATIONS FROM EVERYBODY HERE.

ON BEHALF OF MS. WOERNER, THE SPEAKER AND ALL THE

MEMBERS, WE WELCOME YOU TO THIS FLOOR, YOUR DISTINGUISHED BASKETBALL

TEAM, AND MAY YOU WIN MANY MORE. THIS IS HOPEFULLY JUST THE START FOR

YOU. I KNOW A COUPLE OF OTHER PEOPLE ARE LOOKING AT ME A LITTLE ODD

NOW BECAUSE THEY WANT THEIR TEAMS TO WIN, BUT HOPEFULLY YOU WILL WIN

MORE. WE EXTEND THE PRIVILEGES OF THE FLOOR TO YOU AND HOPE YOU

ENJOY THE PROCEEDINGS. THANK YOU SO MUCH FOR JOINING US, AND

CONGRATULATIONS ONCE AGAIN.

(APPLAUSE)

MR. HEVESI FOR AN INTRODUCTION.

MR. HEVESI: GOOD AFTERNOON, MR. SPEAKER. I RISE

TODAY ON BEHALF OF MY COLLEAGUE, REBECCA SEAWRIGHT, THE CHAIRWOMAN

OF THE DISABILITIES COMMITTEE [SIC] TO INTRODUCE THE MEMBERS OF THE

NEW YORK VISION REHABILITATION ASSOCIATION WHO ARE IN ALBANY TO

ADVANCE THEIR EFFORTS TO ACHIEVE LICENSURE FOR VISION REHABILITATION

THERAPISTS AND ORIENTATION AND MOBILITY SPECIALISTS. THIS GROUP IS LED

NYS ASSEMBLY MAY 13, 2024

BY NANCY D. MILLER, WHO IS WITH US TODAY, WHO IS RECENTLY RETIRED

EXECUTIVE DIRECTOR, CEO OF VISIONS/SERVICES FOR THE BLIND AND

VISUALLY IMPAIRED WHERE SHE SERVED AS CEO FOR 36 YEARS, AND STARTED

WORKING WITH NEW YORKERS WHO ARE BLIND IN 1971 AS A VISIONS

SUMMER COUNSELOR. VISIONS SERVES OVER 7,000 PEOPLE EACH YEAR WITH

IN-HOME, COMMUNITY- AND CENTER-BASED PROGRAMS IN 14 NEW YORK

COUNTIES, WITH A SHORT-TERM RESIDENTIAL VOCATIONAL REHABILITATION CENTER

FOR YOUTH, ADULTS AND OLDER ADULTS IN SPRING VALLEY, NEW YORK. MS.

MILLER IS A COFOUNDER AND VOLUNTEER PRESIDENT SINCE 2006 OF THE NEW

YORK VISION REHABILITATION ASSOCIATION, A NON-PROFIT COALITION

ADVANCING AD -- EXCUSE ME, ADVOCATING FOR ADEQUATE FUNDING FOR

QUALITY SERVICES FOR NEW YORKERS OF ALL AGES WITH VISION IMPAIRMENTS

AND MULTIPLE DISABILITIES. EARLIER THIS YEAR, SHE RECEIVED A LIFETIME

ACHIEVEMENT AWARD FROM THE VISIONSERVE ALLIANCE, A NATIONAL

COALITION OF CEOS OF NON-PROFIT VISION-RELATED ORGANIZATIONS, SCHOOLS,

AND FOUNDATIONS.

MR. SPEAKER, ON BEHALF OF MY COLLEAGUE MS.

SEAWRIGHT, I WOULD ASK YOU TO EXTEND THE PRIVILEGES OF THE FLOOR TO THIS

DISTINGUISHED GROUP AND THANK THEM FOR COMING TO ALBANY TODAY.

THANK YOU.

ACTING SPEAKER EACHUS: THANK YOU FOR THE

IMPORTANT WORK THAT YOU DO.

ON BEHALF OF MS. SEAWRIGHT AND MR. HEVESI, AND THE

SPEAKER AND ALL THE MEMBERS OF THIS ASSEMBLY, WE WELCOME YOU AND

YOUR WORK TO THIS CHAMBER AND EXTEND THE PRIVILEGES OF THE FLOOR, AND

NYS ASSEMBLY MAY 13, 2024

HOPE YOU ENJOY THE PROCEEDINGS. THANK YOU SO MUCH FOR EVERYTHING

THAT YOU DO, AND CONTINUE WITH THAT GREAT WORK. THANK YOU.

(APPLAUSE)

MS. SEPTIMO FOR THE PURPOSES OF AN INTRODUCTION.

MS. SEPTIMO: HELLO. I'M RISING TODAY TO INTRODUCE

DAVID ORTIZ, FIRST BALLOT HALL OF FAMER WHO, OVER THE DURATION OF HIS

CAREER, WAS NAMED AN ALL-STAR TEN TIMES, WON SEVEN AL SILVER SLUGGER

AWARDS, JOINED THE EXCLUSIVE 500 HOME RUN CLUB, AND HELPED BRING

BOSTON TWO WORLD SERIES CHAMPIONSHIPS IN 2007 AND 2013. AT HIS

POSITION OF DESIGNATED HITTER, DAVID HOLDS THE ALL-TIME MLB RECORD FOR

HITS, FOR RUNS BATTED IN, FOR GAMES, FOR PLATE APPEARANCES, FOR AT-BATS,

FOR RUNS, FOR DOUBLES, FOR TOTAL BASES, FOR EXTRA BASE HITS, AND FOR WALKS.

BUT DAVID ORTIZ IS SO MUCH MORE THAN A DISTINGUISHED

CAREER IN BASEBALL. HE IS ALSO A MAN FIERCELY COMMITTED TO GIVING BACK

TO HIS COMMUNITY, BOTH IN THE DOMINICAN REPUBLIC AND IN

MASSACHUSETTS. THROUGH THE DAVID ORTIZ CHILDREN'S FUND, HE PROVIDES

ESSENTIAL SUPPORT FOR CHILDREN IN THE DOMINICAN REPUBLIC AND IN NEW

ENGLAND WHO CANNOT AFFORD CRITICAL CARDIAC SERVICES THAT THEY NEED.

HE IS ALSO COMMITTED TO STANDING UP FOR HUMAN RIGHTS, WOMEN'S RIGHTS,

AND CONTINUES TO BE AN ADVOCATE FOR SO MANY OF OUR COMMUNITIES.

VERY BRIEFLY IN SPANISH: (SPEAKING SPANISH).

MR. SPEAKER, IF YOU COULD EXTEND OUR GUEST THE

PRIVILEGES OF THE FLOOR.

ACTING SPEAKER EACHUS: THANK YOU. WE

RESPECT THE MAN, REGARDLESS OF THE TEAM.

NYS ASSEMBLY MAY 13, 2024

(LAUGHTER)

AND, BIG PAPI, YOU CERTAINLY HAVE EARNED ALL THE

RESPECT THAT YOU GET, AND YOU CONTINUE DOING THAT EVERY DAY. THANK

YOU VERY MUCH.

ON BEHALF OF MS. SEPTIMO, THE SPEAKER AND ALL THE

MEMBERS HERE, AND I SEE YOU'VE GATHERED ACTUALLY A CREW WITH YOU, WE

EXTEND THE PRIVILEGES OF THE FLOOR AND HOPE YOU ENJOY THE PROCEEDINGS

TODAY. THANK YOU VERY MUCH FOR TAKING THE TIME OUT OF YOUR DAY AND

JOINING US, AND CONGRATULATIONS ON ALL YOUR SUCCESS AND SUCCESSES TO

COME.

(APPLAUSE)

MS. [SIC] GALLAHAN FOR THE PURPOSES OF AN

INTRODUCTION.

MR. GALLAHAN: THANK YOU, MR. SPEAKER. IT'S AN

HONOR AND A PRIVILEGE TO BE HERE AGAIN TO INTRODUCE ANOTHER

CHAMPIONSHIP TEAM FROM THE 131ST. I'M HERE TODAY TO CONGRATULATE THE

FINGER LAKES COMMUNITY COLLEGE MEN'S VOLLEYBALL TEAM UPON THE

OCCASION OF CAPTURING THE 2024 NATIONAL JUNIOR COLLEGE ATHLETIC

ASSOCIATION MEN'S VOLLEYBALL NATIONAL INVITATION TITLE.

INDIVIDUAL AND TEAM CHAMPIONSHIPS ARE HIGHLY

SOUGHT-AFTER IN COLLEGE SPORTS, AND THIS LEGISLATIVE BODY COMMENDS

RARE ATHLETIC ACHIEVEMENTS AND PAYS SPECIAL RECOGNITION TO THOSE WHO

PURSUE SUCH EXCELLENCE AND BECOME EXAMPLES FOR THE YOUTH OF THIS

GREAT EMPIRE STATE. ATHLETIC COMPETITION HELPS TO ENHANCE BOTH THE

MORAL AND PHYSICAL DEVELOPMENT OF ATHLETES, PREPARING THEM FOR THE

NYS ASSEMBLY MAY 13, 2024

FUTURE BY INSTILLING IN THEM THE IMPORTANCE OF TEAMWORK, ENCOURAGING

A STANDARD OF HEALTHY LIVING AND DEVELOPING A SENSE OF FAIR PLAY AND

COMPETITION.

I JUST -- I AM JUSTLY PROUD TO CONGRATULATE THE FINGER

LAKES COMMUNITY COLLEGE MEN'S VOLLEYBALL TEAM UPON THE OCCASION

OF CAPTURING THE 2024 NATIONAL JUNIOR COLLEGE ATHLETIC ASSOCIATION'S

MEN'S VOLLEYBALL NATIONAL INVITATIONAL TITLE. TO THE PRAISE AND

APPLAUSE OF THEIR EXCITED FANS, THE LAKERS DEFEATED MONROE IN A

THRILLING VICTORY TO CAPTURE THE NATIONAL INVITATIONAL TITLE ON SUNDAY,

APRIL 14TH, 2024 AT THE COLLEGE OF DUPAGE IN GLEN ELLYN, ILLINOIS.

AND PROUDLY DONNING THE SCHOOL'S COLORS OF GREEN AND BLUE, FAMILY,

FRIENDS AND THE COMMUNITY LOYALLY AND ENTHUSIASTICALLY SUPPORTED THE

LAKERS. IN A SPORT SUCH AS VOLLEYBALL WHICH DEMANDS ATHLETIC POWER,

SPEED AND AGILITY, HEAD COACH STEVE VERBRIDGE AND ASSISTANT COACH

DIANA [SIC] MARSH WORKED HARD TO HONE THE SKILLS OF THIS CHAMPIONSHIP

TEAM, TEACHING THESE OUTSTANDING ATHLETES LESSONS WHICH WERE PROVEN

VALUABLE ON AND OFF THE COURT FOR THE REST OF THEIR LIVES. HEAD COACH

STEVEN VERBRIDGE, ASSISTANT COACH DIANA [SIC] MARSH AND ALL OF THE

OUTSTANDING ATHLETES ON THE FINGER LAKES COMMUNITY COLLEGE MEN'S

VOLLEYBALL TEAM HAVE CLEARLY UTILIZED DEDICATION, DETERMINATION AND

TEAMWORK IN PROVIDING A LASTING CONTRIBUTION TO THE SPIRIT OF

EXCELLENCE, WHICH IS A TRADITION AT FINGER LAKES COMMUNITY COLLEGE.

I WOULD NOW LIKE TO INTRODUCE AND CONGRATULATE THE

MEMBERS OF THE FINGER LAKES COMMUNITY COLLEGE MEN'S VOLLEYBALL

TEAM: DANIEL SEYMOUR, AJ DEBELSO, BRYCE CERAVOLO, IAN MEEKS,

NYS ASSEMBLY MAY 13, 2024

NATE WHYTE, DEVIN CLINE; SAMUEL GUARDADO, EVAN LUKASIEWICZ,

BRYCE NICKSON, NEHEMIAH WILLIAMS, AARON HENNESSY, ALEX SINDONE,

NICK FERRIS, MARC WILLIAMS, GARYSON GAUD, AND JARRETT CAMPBELL.

HEAD COACH STEVEN VERBRIDGE, ASSISTANT COACH DIANA [SIC] MARSH,

DIRECTOR OF ATHLETICS SAMANTHA BOCCACINO, ASSISTANT DIRECTOR OF

ATHLETICS SEAN MARREN, AND TEAM MANAGERS JORDAN WINTON AND

PAYTON STODDARD.

MR. SPEAKER, WOULD YOU PLEASE GIVE THIS FINE

ORGANIZATION ALL THE CONGENIALITIES* OF THE PEOPLE'S HOUSE?

ACTING SPEAKER EACHUS: CERTAINLY.

WELCOME, LAKERS, TO THE NEW YORK STATE ASSEMBLY. WE'RE GLAD

YOU'RE HERE. AND AS MENTIONED, I KNOW HOW DIFFICULT IT IS TO WIN ANY

CHAMPIONSHIP, AND HERE YOU ARE, CHAMPS.

ON BEHALF OF MR. GALLAHAN, THE SPEAKER AND ALL THE

MEMBERS OF THIS ASSEMBLY, WE WELCOME YOU, THE LAKERS, TO THIS

DISTINGUISHED ASSEMBLY, AND WE HOPE THAT YOU ENJOY YOUR PROCEEDINGS

HERE AND -- AS YOU WATCH THEM, AND WE EXTEND THE PRIVILEGES OF THE

FLOOR. YOU'RE ALWAYS WELCOME HERE. THANK YOU SO MUCH FOR JOINING

US TODAY.

(APPLAUSE)

MR. PALMESANO FOR THE PURPOSES OF AN INTRODUCTION.

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

AND MY COLLEAGUES. I RISE FOR THE PURPOSE OF AN INTRODUCTION OF A

GENTLEMAN YOU MAY ALL BE FAMILIAR WITH, YOUR FORMER COLLEAGUE,

ASSEMBLYMAN JIM BACALLES. HE WAS NOT ONLY A FORMER COLLEAGUE, HE

NYS ASSEMBLY MAY 13, 2024

WAS MY PREDECESSOR AND ALSO MY FORMER BOSS. JIM SERVED IN THE

ASSEMBLY FROM NOVEMBER OF 1995 TO DECEMBER OF 2010. I HAD THE

PRIVILEGE OF WORKING WITH JIM FOR NINE YEARS, FROM '95 TO 2004. HE

WAS BY FAR MY MENTOR AND A ROLE MODEL. JIM BACALLES SHOWED ME YOU

COULD BE HONORABLE AND SERVE IN PUBLIC SERVICE. AND SERVICE IS IN HIS

BLOOD. NOT ONLY DID HE SERVE 15 YEARS IN THE NEW YORK STATE

ASSEMBLY, HE SERVED TEN YEARS AS A COUNTY LEGISLATOR -- COUNTY

LEGISLATOR REPRESENTING THE CITY OF CORNING, AND ALSO SERVED FOUR YEARS

AS THE MAYOR OF THE CITY OF CORNING; FOUR MEMORABLE YEARS IF YOU TALK

TO HIM. BUT ALSO PROBABLY ONE OF THE MOST IMPORTANT THINGS TO HIM, HE

SPENT OVER 40-PLUS YEARS VOLUNTEERING FOR THE SCOUTS, SEVEN OF THEM --

OF THEM HE SERVED AS THE COUNCIL PRESIDENT. JIM BACALLES IS NOT ONLY A

FORMER COLLEAGUE, BUT HE EPITOMIZES WHAT PUBLIC SERVICE IS ALL ABOUT

AND WHAT PUBLIC SERVICE SHOULD BE.

SO MR. SPEAKER, IF YOU COULD CERTAINLY EXTEND THE

CORDIALITIES AND GREETINGS OF THE HOUSE LIKE WE ALWAYS DO, AND JUST

WELCOME MY FRIEND AND FORMER BOSS AND COLLEAGUE ASSEMBLYMAN JIM

BACALLES.

ACTING SPEAKER EACHUS: MR. BACALLES,

WELCOME AND THANK YOU FOR JOINING US TODAY. MR. PALMESANO SAID

SOMETHING VERY DEAR TO MY HEART, AND THAT IS SCOUTS. I WAS A DISTRICT

CHAIR MYSELF, SO I KNOW WHAT YOU WENT THROUGH. ON BEHALF OF MR.

PALMESANO, THE SPEAKER AND ALL THE MEMBERS OF THIS ASSEMBLY, WE

WELCOME YOU, WE WELCOME YOU BACK. AND WE HOPE THAT YOU ENJOY THE

PROCEEDINGS AND WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. THANK

NYS ASSEMBLY MAY 13, 2024

YOU FOR JOINING US TODAY.

(APPLAUSE)

MRS. [SIC] LEVENBERG FOR THE PURPOSES OF AN

INTRODUCTION.

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

ALSO TO INTRODUCE SOMEBODY WHO MAY BE VERY FAMILIAR TO MANY OF YOU,

SOMEBODY WHO HAS AN ESTEEMED HISTORY HERE ON THE FLOOR OF THE

ASSEMBLY, AND THAT IS MY PREDECESSOR ASSEMBLYWOMAN SANDY GALEF.

SANDY SERVED IN THIS -- IN THIS BODY FOR 30 YEARS, AND WAS -- HAD A

FANTASTIC TIME, BUT SHE DOES WANT EVERYBODY TO KNOW THAT RETIREMENT IS

ALSO GOOD. IT'S ALSO GOOD. SO JUST TO LET YOU KNOW, IN RETIREMENT SHE'S

CURRENTLY SERVING ON THE BOARD OF THE SING SING PRISON MUSEUM, THE

OSSINING CHILDREN'S CENTER, FRIENDS OF MUSIC. SHE'S PART OF A

DISCUSSION GROUP ABOUT ENERGY ISSUES, SHE'S TRAVELED. SHE WENT TO

ONTARIO TO SEE THE SOLAR ECLIPSE -- IT WAS A LITTLE CLOUDY, NOT TOO BAD,

NOT TOO GOOD -- TO D.C. FOR A FOREIGN POLICY CONFERENCE, PALM SPRINGS

FOR THE 2023 FILM FESTIVAL, AND NUMEROUS TRIPS TO NEW HAMPSHIRE TO

VISIT HER SISTER. SO, THIS WAS AFTER CHAIRING THE LIBRARIES AND

EDUCATIONAL TECHNOLOGY AND REAL PROPERTY TAXATION COMMITTEE FOR

MANY, MANY YEARS. SO ALL OF THE WONDERFUL THINGS THAT SANDY WAS ABLE

TO DO -- ASSEMBLYWOMAN GALEF WAS ABLE TO DO WHILE SHE WAS HERE,

SHE'S CONTINUING TO PAY IT FORWARD IN HER COMMUNITIES AND BEYOND.

WE'RE SO GRATEFUL FOR ALL THAT YOU LEFT YOUR FOOTPRINTS ON -- ON NEW

YORK STATE AND CERTAINLY ON THE 95TH AND BEFORE THAT THE 90TH AND

PROBABLY ANOTHER NUMBER BEFORE THAT ASSEMBLY DISTRICT. THANK YOU SO

NYS ASSEMBLY MAY 13, 2024

MUCH, AND WE ARE SO GRATEFUL TO HAVE YOU HERE.

MR. SPEAKER, IF YOU COULD PLEASE CONTINUE TO EXTEND

THE CORDIALITIES OF THE HOUSE TO MY GUEST.

ACTING SPEAKER EACHUS: ABSOLUTELY. I AM SO

SORRY I DID NOT GET TO SERVE WITH YOU, BUT WELCOME BACK,

ASSEMBLYMEMBER GALEF. ON BEHALF OF THE SPEAKER, MS. LEVENBERG

AND ALL OF THE ASSEMBLYMEMBERS, WE WELCOME YOU BACK TO THE FLOOR.

ENJOY THE PROCEEDINGS. YOU DON'T HAVE TO DO THE WORK THIS TIME, YOU

CAN JUST WATCH. AND WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, AND

OF COURSE YOU ALWAYS HAVE THOSE HERE. THANK YOU FOR JOINING US TODAY.

(APPLAUSE)

MR. ANGELINO FOR THE PURPOSES OF AN INTRODUCTION.

MR. ANGELINO: THANK YOU, MR. SPEAKER. I RISE TO

INTRODUCE A CONSTITUENT, A FRIEND AND A MENTOR, A RESIDENT OF THE TOWN

OF BAINBRIDGE IN CHENANGO COUNTY. A DAIRY FARMER MOST OF HIS ADULT

LIFE, HE BECAME INVOLVED IN PUBLIC SERVICE BY BEING ELECTED AS A TOWN

SUPERVISOR, CARRYING ON TO BECOME THE CHAIRMAN OF THE BOARD OF

SUPERVISORS OF CHENANGO COUNTY. IN 1995 BY WAY OF A SPECIAL

ELECTION CAUSED BY THE -- THE APPOINTMENT OF MINORITY LEADER

RAPPLEYEA TO THE POWER AUTHORITY, MY CONSTITUENT WAS ELECTED TO THE

107TH ASSEMBLY DISTRICT, SERVING AS AN ASSEMBLYMEMBER IN THIS VERY

BODY FROM 1995 UNTIL 2020, 25 YEARS AN ASSEMBLYMAN, HE'S HAD A

LONG DISTINGUISHED CAREER. IN TALKING WITH HIM I TRIED TO BECOME,

FOLLOWING IN FOOTSTEPS, A MEMBER OF THE AG COMMITTEE, BUT IT'S JUST NOT

MEANT TO BE. MY FRIEND IS -- WAS THE RANKER OF THE AG COMMITTEE FOR

NYS ASSEMBLY MAY 13, 2024

MANY YEARS.

NO STRANGER TO THIS HOUSE, MR. SPEAKER, PLEASE

WELCOME BACK TO THE ASSEMBLY THE HONORABLE CLIFFORD CROUCH.

ACTING SPEAKER EACHUS: CERTAINLY.

WELCOME BACK, MR. CROUCH. AND I, TOO, AM SORRY THAT I DID NOT HAVE

THE PRIVILEGE OF SERVING WITH YOU. BUT WE ALL UNDERSTAND, NO FARMS, NO

FOOD, AND I THANK YOU FOR WHAT YOU'VE DONE RIGHT FROM THE BEGINNING.

ON BEHALF OF MR. ANGELINO, THE SPEAKER AND ALL THE

MEMBERS OF THE ASSEMBLY, WE WELCOME YOU BACK. WE CERTAINLY

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR, AS YOU ALREADY HAVE EARNED

THOSE, AND WE THANK YOU FOR JOINING US TODAY. THANK YOU.

(APPLAUSE)

MR. SIMONE FOR THE PURPOSES OF AN INTRODUCTION.

MR. SIMONE: IT IS MY HONOR TODAY TO INTRODUCE AND

WELCOME TO THE FLOOR THE FORMER ASSEMBLYMEMBER FROM THE 75TH

DISTRICT, DICK GOTTFRIED, THE ICONIC DICK GOTTFRIED. ASSEMBLYMEMBER

DICK GOTTFRIED WAS A LEADING VOICE IN THIS CHAMBER FOR 52 YEARS,

CHAMPIONING COM -- COMPREHENSIVE AND UNIVERSAL HEALTH CARE, HUMAN

RIGHTS AND FIGHTING FOR CONSTITUENTS ALONG THE WEST SIDE OF MANHATTAN

AND BEYOND. THE LONGEST-SERVING STATE LEGISLATOR IN NEW YORK HISTORY,

HE WAS A MENTOR TO MANY OF US HERE, AND HIS THOUGHTS CONTINUE TO

GUIDE US. JUST CHECK YOUR E-MAIL. HE INTRODUCED THE FIRST BILL TO

LEGALIZE SAME-SEX MARRIAGE LONG BEFORE IT BECAME A REALITY OR LONG

BEFORE MANY PROGRESSIVES EVEN EMBRACED IT. THE HUDSON RIVER PARK

ACT WHICH TRANSFORMED MANHATTAN'S WEST SIDE WAS ALSO BECAUSE OF

NYS ASSEMBLY MAY 13, 2024

DICK GOTTFRIED. CHILD HEALTH CARE -- CHILD HEALTH PLUS TO ENSURE

CHILDREN HAD ACCESS TO HEALTH CARE AND SO MUCH MORE. WE COULD SPEND

A DAY LISTING HIS ACCOMPLISHMENTS OVER THE DECADES.

ASSEMBLYMEMBER DICK GOTTFRIED, THANK YOU FOR YOUR SERVICE AND YOUR

MENTORSHIP, AND WELCOME BACK TO ALBANY.

PLEASE EXTEND THE PRIVILEGES OF THE FLOOR AND THE

ASSEMBLY TO THE GREAT DICK GOTTFRIED.

ACTING SPEAKER EACHUS: MR. GOTTFRIED, WHAT

MR. SIMONE SAID IS ABSOLUTELY CORRECT. YOUR NAME IS STILL HEARD

THROUGH THESE HALLOWED HALLS. AND I CAN'T -- 52 YEARS. I CAN SAY I WAS

BORN THEN, BUT I WAS JUST A TODDLER.

ON BEHALF OF MR. SIMONE, THE SPEAKER AND ALL THE

MEMBERS, WE WELCOME YOU BACK INTO THE ASSEMBLY. THANK YOU FOR

WHAT YOU'VE DONE, WHAT YOU CONTINUE TO DO. AND WE EXTEND TO YOU, OF

COURSE, THE PRIVILEGES OF THE FLOOR AND HOPE YOU ENJOY THE PROCEEDINGS.

AGAIN, NO WORK, ALL PLAY FOR YOU TO WATCH WHAT'S HAPPENING. BUT

THANK YOU FOR JOINING US TODAY.

(APPLAUSE)

RESOLUTIONS ON PAGE 3, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 2144, RULES

AT THE REQUEST OF MS. PHEFFER AMATO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 12-18, 2024, AS POLICE WEEK IN THE

STATE OF NEW YORK.

ACTING SPEAKER EACHUS: MS. PHEFFER AMATO

NYS ASSEMBLY MAY 13, 2024

ON THE RESOLUTION.

MS. PHEFFER AMATO: THANK YOU, MR. SPEAKER.

I RISE TODAY TO PAY TRIBUTE TO ALL OF OUR POLICE OFFICERS AND TO THE BRAVE

MEN AND WOMEN WHO MADE THE ULTIMATE SACRIFICE TO PROTECT OUR GREAT

STATE AND COMMUNITIES. LAW ENFORCEMENT OFFICERS ARE OUR HEROES.

THESE ARE THE INDIVIDUALS WHO RUN TOWARDS TROUBLE TO SAVE ANOTHER,

WHO DEFEND US IN DANGEROUS TIMES. THEY ARE THERE WHEN WE NEED

THEM, THEY ARE PROTECTORS AND OUR COMMUNITY PARTNERS. BUT WE MUST

RECOGNIZE THOSE WE'VE LOST, THOSE WHO DIED IN THE LINE OF DUTY, SERVING

OUR COMMUNITIES, TAKING THE RESPONSIBILITY TO MAKE OUR CITIES, TOWNS

AND STATE SAFE. BECAUSE THAT'S WHAT POLICE DO, THEY KEEP US SAFE. THE

POLICE OFFICERS WHO TOOK AN OATH TO SERVE AND PROTECT THE PEOPLE, TOTAL

STRANGERS IN EACH SITUATION. TO ME, THAT IS AN EXTRAORDINARY ACT OF TRUE

SELFLESSNESS AND UNWAVERING RESPECT FOR THEIR COMMUNITIES.

THIS WEEK, MAY 12TH THROUGH 18TH, IS RECOGNIZED AS

POLICE WEEK IN THE STATE OF NEW YORK. LAST WEEK MANY OF US

ATTENDED THE FALLEN POLICE OFFICER MEMORIAL RIGHT OUTSIDE THIS

BUILDING. THERE WE COMMEMORATED THOSE WHO MADE THE ULTIMATE

SACRIFICE. WE ADDED OVER 60 NAMES THIS YEAR, TO BRING IT OVER 1,800

BRAVE MEN AND WOMEN WHO WE HAVE LOST. TODAY WE NOT ONLY SAY

THANK YOU TO OUR POLICE OFFICERS FOR THE WORK THEY DO EVERY DAY, BUT

ALSO TO REMEMBER THE BRAVE OFFICERS WE LOST. LET'S SAY IT TOGETHER AND

MAKE SURE OUR POLICE OFFICERS AND THEIR FAMILIES HEAR US: THANK YOU

FOR YOUR COMMITMENT, THANK YOU FOR YOUR DEDICATION, AND THANK YOU

FOR YOUR SACRIFICE TO ENSURE ALL OF OURS ARE ABLE TO THRIVE IN A FREE AND

NYS ASSEMBLY MAY 13, 2024

JUST SOCIETY. MAY THEIR MEMORIES BE A BLESSING.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER EACHUS: MR. SLATER ON THE

RESOLUTION.

MR. SLATER: THANK YOU, MR. SPEAKER. I JUST

WANTED TO RISE TO RECOGNIZE THIS RESOLUTION. I WANT TO THANK THE

SPONSOR FOR INTRODUCING IT. YOU KNOW, IN MY DISTRICT WE HAVE LAW

ENFORCEMENT FROM A WHOLE RANGE OF AGENCIES WHO CALL THE 94TH

ASSEMBLY DISTRICT HOME. AND I THINK IT'S IMPORTANT THAT WE RECOGNIZE

THEIR SELFLESS SACRIFICE EVERY DAY TO KEEP OUR COMMUNITIES SAFE, TO KEEP

OUR FAMILIES SAFE, AND TO KEEP NEW YORK STATE SAFE. THIS IS AN

IMPORTANT WEEK, POLICE WEEK. IT'S AN IMPORTANT WEEK FOR US TO

REMEMBER ALL THEY DO FOR US EVERY SINGLE DAY. BUT I THINK IT'S ALSO

IMPORTANT TO REMEMBER THE SACRIFICES THAT ARE MADE, THAT THEY MAKE, IN

THAT EFFORT TO KEEP US SAFE.

YOU KNOW, LATER THIS WEEKEND TO CULMINATE POLICE

WEEK IN MY DISTRICT WE'LL BE DEDICATING THE CAPTAIN KENNETH SGROI

MEMORIAL HIGHWAY IN YORKTOWN. AND CAPTAIN SGROI WAS AN

INCREDIBLE POLICE OFFICER OF THE YORKTOWN POLICE DEPARTMENT WHO

UNFORTUNATELY DIED AT THE AGE OF 37 BECAUSE OF AN ILLNESS, AN

UNEXPECTED ILLNESS WHILE HE WAS SERVING OUR COMMUNITY. AND SO WE

WANT TO KEEP CAPTAIN SGROI, HIS FAMILY AND ALL OF OUR POLICE OFFICERS IN

OUR PRAYERS NOT JUST THIS WEEK, NOT JUST TODAY, BUT EVERY DAY AND EVERY

WEEK THEY KEEP US SAFE.

THANK YOU, MR. SPEAKER.

NYS ASSEMBLY MAY 13, 2024

ACTING SPEAKER AUBRY: THANK YOU.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2145, RULES

AT THE REQUEST OF MS. WALLACE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 13-19, 2024, AS HOME FIRE SPRINKLER

AWARENESS WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2146, RULES

AT THE REQUEST OF MR. LAVINE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2024, AS STROKE AWARENESS MONTH IN

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2147, RULES

AT THE REQUEST OF MR. JONES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2024, AS CYSTIC FIBROSIS AWARENESS

MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

NYS ASSEMBLY MAY 13, 2024

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2148, MR.

-- RULES AT THE REQUEST OF MR. MCDONALD.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2024, AS HUNTINGTON'S DISEASE

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2149, RULES

AT THE REQUEST OF MS. WOERNER.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2024, AS BEEF MONTH IN THE STATE OF

NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2150, RULES

AT THE REQUEST OF MS. SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2024, AS MATERNAL DEPRESSION

AWARENESS MONTH IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

NYS ASSEMBLY MAY 13, 2024

ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2151, RULES

AT THE REQUEST OF MS. RAJKUMAR.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM JULY 23, 2024, AS EGYPTIAN HERITAGE DAY IN

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MS. RAJKUMAR ON THE

RESOLUTION.

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

TODAY IN SUPPORT OF MY HISTORIC RESOLUTION PROCLAIMING JULY 23, 2024

AS EGYPTIAN HERITAGE DAY IN THE STATE OF NEW YORK. THE UNITED

STATES IS HOME TO OVER 250,000 EGYPTIAN AMERICANS WHO CONSTITUTE

THE LARGEST ARAB AMERICAN COMMUNITY IN OUR NATION. OVER 30,000

EGYPTIAN AMERICANS LIVE IN THE GREAT STATE OF NEW YORK. THIS YEAR I

WILL ONCE AGAIN BE CELEBRATING EGYPTIAN HERITAGE DAY IN THE BELOVED

NEIGHBORHOOD OF LITTLE EGYPT IN ASTORIA, HOME TO THRIVING BUSINESSES

INCLUDING VIBRANT RESTAURANTS AND HOOKAH LOUNGES. JUST LAST YEAR, THE

CITY OFFICIALLY CO-NAMED STEINWAY STREET BETWEEN ASTORIA BOULEVARD

AND 28TH AVENUE AS LITTLE EGYPT. THE ARAB REPUBLIC OF EGYPT IS A

GREAT ALLY OF OUR STATE AND NATION. IT'S THE SECOND-LARGEST RECIPIENT OF

AMERICAN FOREIGN AID, REPRESENTING OUR NATION'S PROFOUND APPRECIATION

OF OUR DIPLOMATIC RELATIONSHIP. AND THE FRIENDLY RELATIONSHIP BETWEEN

THE UNITED STATES AND EGYPT IS VISIBLE IN NEW YORK CITY, HOME TO THE

TEMPLE OF DENDUR AT THE METROPOLITAN MUSEUM OF ART, AND

CLEOPATRA'S NEEDLE IN CENTRAL PARK, BOTH GIFTS FROM THE EGYPTIAN

NYS ASSEMBLY MAY 13, 2024

GOVERNMENT. BUT MOST OF ALL, THIS RESOLUTION HONORS EGYPTIAN

AMERICANS THEMSELVES, AND THEIR IMMEASURABLE CONTRIBUTIONS TO THE

ARTS, TO THE STEM FIELDS, BUSINESS, PHILANTHROPY, ACADEMICS, DEFENSE,

SPORTS, RELIGION AND GOVERNMENT.

MR. SPEAKER, TODAY LET US COME TOGETHER AS A

LEGISLATIVE BODY AND HONOR THE THRIVING AND HARDWORKING EGYPTIAN

AMERICAN COMMUNITY WITH THIS HISTORIC RESOLUTION. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 2152, RULES

AT THE REQUEST OF MR. KIM.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 2024, AS OLDER NEW YORKERS MONTH IN

THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL

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

ADOPTED.

PAGE 15, RULES REPORT NO. 41, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05906-A, RULES

REPORT NO. 41, SHIMSKY, SAYEGH, SEPTIMO, SIMON, CUNNINGHAM,

GONZ�LEZ-ROJAS, PAULIN, LEVENBERG, L. ROSENTHAL, CRUZ, EPSTEIN,

THIELE, FLOOD, REYES, GIBBS, CHANG, KELLES, BURDICK, LUCAS, SILLITTI,

SEAWRIGHT, GUNTHER, LUPARDO, LUNSFORD, OTIS, COLTON, SIMONE, ARDILA,

RAGA, SANTABARBARA. AN ACT TO AMEND THE ENVIRONMENTAL

NYS ASSEMBLY MAY 13, 2024

CONSERVATION LAW, IN RELATION TO EXPANDING THE FOOD DONATION AND

FOOD SCRAPS RECYCLING PROGRAM.

ACTING SPEAKER AUBRY: ON A MOTION BY MS.

SHIMSKY, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MS. SHIMSKY, AN EXPLANATION IS REQUESTED, MA'AM.

MS. SHIMSKY: THANK YOU, MR. SPEAKER. THIS BILL

WOULD EXPAND THE EXISTING FOOD SCRAP DONATION AND RECYCLING

PROGRAM TO INCLUDE ADDITIONAL FOOD SCRAP GENERATORS. TO WIT, IT

EXPANDS THE DEFINITION OF FOOD SCRAP GENERATORS TO INCLUDE SINGLE

LOCATIONS THAT GENERATE AN AVERAGE WEIGHT OF FOOD SCRAPS OF ONE TON OR

MORE BETWEEN JANUARY THE 1ST, 2026 AND DECEMBER 31, 2027, AND

HALF-TON OR MORE AFTER JANUARY THE 1ST, 2028. IT ALSO MODIFIES THE

MAXIMUM DISTANCE FROM 25 TO 50 MILES THAT FOOD SCRAPS WOULD BE

REQUIRED TO BE TRANSPORTED.

ACTING SPEAKER AUBRY: MR. GOODELL. AND

ONE MINUTE, MR. GOODELL.

WOULD YOU PLEASE HAVE THOSE DOORS BEHIND US CLOSED?

QUIET IN THE CHAMBER, WE ARE ON DEBATE. THANK YOU.

MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

MS. SHIMSKY: ABSOLUTELY, MR. GOODELL.

ACTING SPEAKER AUBRY: MS. SHIMSKY YIELDS.

MR. GOODELL: THANK YOU. THIS WOULD BRING THE

NYS ASSEMBLY MAY 13, 2024

FOOD SCRAP RECYCLING REQUIREMENT DOWN TO RESTAURANTS THAT ARE OPEN

FIVE DAYS A WEEK, THEY -- THEY WOULD BE PRODUCING LESS THAN -- WELL,

100 POUNDS OR LESS, RIGHT, PER DAY?

MS. SHIMSKY: HALF -- HALF A TON. THAT WOULD BE

ABOUT RIGHT.

MR. GOODELL: ROUGHLY 500 DIVIDED BY FIVE,

ROUGHLY 100?

MS. SHIMSKY: YES, YES, I GET THE MATH, SIR.

MR. GOODELL: WHO IS WEIGHING THESE FOOD

STAMPS [SIC]?

MS. SHIMSKY: ACTUALLY, THEY -- GENERATORS ARE NOT

REQUIRED TO WEIGH THEIR FOOD; INSTEAD, DEC PUTS TOGETHER A

METHODOLOGY BASED ON THINGS LIKE NUMBER OF CUSTOMERS AND SO ON.

MR. GOODELL: SO WITH THE EXISTING PROGRAM, AS

YOU KNOW, THE DEC PUT TOGETHER A PROGRAM IN CONJUNCTION WITH THE

NEW YORK STATE POLLUTION PREVENTION INSTITUTE IN THE ROCHESTER

INSTITUTE OF TECHNOLOGY, AND THEY CAME UP WITH ESTIMATES. AND THEIR

ESTIMATE IS THAT A RESTAURANT WITH 69 EMPLOYEES A YEAR -- 69 EMPLOYEES

WOULD PRODUCE ROUGHLY 2,000 POUNDS OR TWO TONS OF FOOD SCRAPS A

WEEK. IS IT YOUR INTENT TO BRING IT DOWN TO APPLY TO RESTAURANTS THAT

ONLY HAVE 15 EMPLOYEES?

MS. SHIMSKY: IT -- IT'S NOT ABOUT THE NUMBER OF

EMPLOYEES, IT'S ABOUT THE AMOUNT OF FOOD. AND THERE ARE A NUMBER OF

CONTRIBUTING FACTORS THAT GO INTO THE ESTIMATES.

MR. GOODELL: I UNDERSTAND IT'S --

NYS ASSEMBLY MAY 13, 2024

MS. SHIMSKY: IT'S NOT JUST EMPLOYEES.

MR. GOODELL: I UNDERSTAND THAT THE LAW IS WRITTEN

ABOUT THE WEIGHT, LESS THAN 100 POUNDS A DAY FOR A FIVE-DAY RESTAURANT,

BUT THE METHODOLOGY USED BY THE DEC IS BASED ON EMPLOYEES, ISN'T IT?

MS. SHIMSKY: AMONG OTHER THINGS.

MR. GOODELL: BUT THEY'RE --

MS. SHIMSKY: IT'S NOT ONE -- IT'S NOT ONE PIECE OF

METHODOLOGY, IT'S A MORE HOLISTIC VIEW.

MR. GOODELL: WELL, I'M LOOKING AT THE DEC'S

METHODOLOGY FOR IDENTIFYING FOOD SCRAP GENERATORS, AND FOR RESTAURANTS

IT'S ONLY BY EMPLOYEE, ISN'T IT? OR AM I -- OR ARE YOU LOOKING AT SOME

OTHER REPORT? HOSPITALITY, 1,983 POUNDS PER EMPLOYEE PER YEAR;

RESTAURANTS IS TWO TONS PER 69 EMPLOYEES; LIMITED SERVICE RESTAURANTS,

TWO TONS FOR EVERY 94 EMPLOYEES. I MEAN, IT'S ALL BASED ON THE NUMBER

OF EMPLOYEES. IS THERE ANY OTHER STUDY OUT THERE THAT THE DEC IS USING

OTHER THAN THE ONE THAT THEY PUBLISHED?

MS. SHIMSKY: IT DOES NOT HAVE TO BE ONLY ON

EMPLOYEES. AND THE DEC IS GOING TO BE --

ACTING SPEAKER AUBRY: HOLD UP ONE MINUTE.

WE HAVE A DEBATE GOING ON, GENTLEMEN. I'M SURE YOU

HAVE PLENTY OF THINGS TO TALK ABOUT, JUST NOT IN HERE.

MS. SHIMSKY: AND IT'S GOING TO BE UP TO THE DEC

TO MAKE THE APPROPRIATE ADJUSTMENTS.

MR. GOODELL: I SEE. NOW, THE --

MS. SHIMSKY: IT -- IT'S SUCH AS NUMBER OF

NYS ASSEMBLY MAY 13, 2024

CUSTOMERS AND THE LIKE.

MR. GOODELL: OKAY. SO EVEN THOUGH THE CURRENT

METHODOLOGY DOESN'T TALK ABOUT CUSTOMERS, YOU THINK THEY MIGHT COME

UP WITH A NEW METHODOLOGY BY THE TIME THIS BILL STARTS IMPACTING VERY

SMALL RESTAURANTS?

MS. SHIMSKY: IT'S MY UNDERSTANDING, SIR, THAT THE

NUMBER OF CUSTOMERS ARE PART OF THE METHODOLOGY NOW.

MR. GOODELL: AND WHO IS TO KEEP TRACK OF THE

NUMBER OF CUSTOMERS, AND IS IT THEN THE RESTAURANT'S OBLIGATION TO REPORT

THE NUMBER OF CUSTOMERS THEY HAVE?

MS. SHIMSKY: THE DEC'S BEEN DOING IT ALREADY

WITH -- WITH THE PEOPLE WHO ALREADY QUALIFY FOR THE PROGRAM. THE

INFORMATION IS EMINENTLY OBTAINABLE.

MR. GOODELL: WELL, AS WE'VE TALKED ABOUT, THE

CURRENT DEC PROGRAM IS BASED SOLELY ON THE NUMBER OF EMPLOYEES.

THAT'S READILY ASCERTAINABLE BECAUSE YOU HAVE TO REPORT THE NUMBER OF

EMPLOYEES FOR WORKERS' COMP AND -- AND OTHER FACTORS. BUT IS THERE

ANY METHODOLOGY OR ANY REQUIREMENT CURRENTLY FOR REPORTING THE

NUMBER OF CUSTOMERS?

(PAUSE)

MS. SHIMSKY: THERE -- THERE'S NO SPECIFIC

AFFIRMATIVE REPORTING REQUIREMENT. THE DEC DOES HAVE INFORMATION

ABOUT THE RESTAURANTS, THEY CAN OBTAIN INFORMATION ABOUT THE

RESTAURANTS. THIS IS NOT THE PROBLEM YOU'RE MAKING IT OUT TO BE.

MR. GOODELL: I SEE. NOW, THE US EPA HAS

NYS ASSEMBLY MAY 13, 2024

PUBLISHED GUIDELINES AND STRONGLY RECOMMEND THAT RESTAURANTS

COOPERATIVELY WORK WITH THE LOCAL AG COMMUNITY SO THAT THEY CAN FEED

FOOD SCRAPS TO ANIMALS. CAN A RESTAURANT AVOID ALL THESE REQUIREMENTS

BY HAVING A PROGRAM WHERE THEY FEED FOOD SCRAM -- STAMP -- FOOD

SCRAPS TO LOCAL ANIMALS?

MS. SHIMSKY: YES, THEY CAN. THAT STRIKES ME AS

ONE WAY TO -- TO COMPLY WITH MANDATES TO RECYCLE FOOD.

MR. GOODELL: AND DOES YOUR LEGISLATION, IN ITS

LANGUAGE, AUTHORIZE THAT TYPE OF EXEMPTION?

MS. SHIMSKY: IT IS PART OF THE FOOD SCRAPS

DEFINITION.

MR. GOODELL: WHO -- WHO ENFORCES THIS? WHO'S

GONNA GO AROUND WITH A COUNTER AND COUNT THE CUSTOMERS OR -- OR

WEIGH THE FOOD SCRAPS? IS THAT SOMETHING WE EXPECT THE DEC TO

ASSIGN STAFF TO DO?

MS. SHIMSKY: WELL, IT -- THE ENFORCEMENT WITH THIS

IS ACTUALLY NOT ON THE FOOD SCRAP GENERATORS, IT'S ON THE FACILITIES, THE

LANDFILLS AND THE INCINERATORS WHO ARE BARRED FROM KNOWINGLY

ACCEPTING WASTE THAT SHOULD BE RECYCLED.

MR. GOODELL: NOW, OF COURSE MOST RESTAURANTS,

IN FACT I WOULD GUESS ALMOST ALL RESTAURANTS EXCEPT FOR THE MOBILE ONES,

FOOD SERVICE LIKE WE MIGHT HERE -- HAVE HERE USING TRUCKS, BUT ALMOST

ALL THE REST OF THEM HAVE GARBAGE DISPOSALS. AND OF COURSE WHEN THEY

WASH THE DISHES AND IF THERE'S SCRAPS THEY OFTEN WILL PUT IT RIGHT DOWN

THROUGH THE GARBAGE DISPOSAL, IT'S GROUND UP AND SENT TO THE SEWER

NYS ASSEMBLY MAY 13, 2024

TREATMENT PLANT. ALL THE WASTE THAT GOES THROUGH THE GARBAGE DISPOSAL

IS NOT COUNTED AS FOOD WASTE; IS THAT CORRECT?

MS. SHIMSKY: WE'RE TALKING ABOUT LARGE QUANTITIES

OF FOOD, WE'RE NOT TALKING ABOUT THE DE MINIMUS THAT MAY GET SCRAPED

OFF OF A PLATE.

MR. GOODELL: WELL, IF YOU'RE OPERATING A SMALL

RESTAURANT, 100 POUNDS IS EASILY DISPOSABLE THROUGH A DISPOSAL, RIGHT? I

MEAN, WON'T THEY SIMPLY -- DOESN'T THIS BILL SIMPLY ENCOURAGE THEM TO

SEND IT TO THE SEWER TREATMENT PLANT?

MS. SHIMSKY: I DON'T THINK SO.

MR. GOODELL: NOW, THIS REQUIRES RESTAURANTS AND

OTHERS TO TAKE THE FOOD SCRAPS TO AN ORGANIC RECYCLER IF THERE'S A

RECYCLER WITHIN 50 MILES, WHICH MEANS THAT IF IT'S WITHIN 50 MILES THAT

WOULD MEAN, FOR EXAMPLE, IF THERE'S A RECYCLER IN CONNECTICUT, WHICH IS

WITHIN 50 MILES OF LONG ISLAND, WOULD THAT THEN REQUIRE ALL THE

RESTAURANTS ON LONG ISLAND TO LOAD UP THE FOOD SCRAPS, TAKE THE FERRY

ACROSS AND DISPOSE OF THEM IN CONNECTICUT?

MS. SHIMSKY: THAT'S NOT REALLY THE INTENT HERE AND

THAT'S NOT HOW IT'S GOING TO BE ENFORCED.

MR. GOODELL: SO DOES THIS EXCLUDE FROM THE

50-MILE RADIUS ANY FACILITIES THAT ARE OUTSIDE OF NEW YORK STATE? IS

THAT IN THIS BILL?

MS. SHIMSKY: IT DOES NOT CHANGE EXISTING LAW.

MR. GOODELL: I SEE. AND WHO IS IT THAT'S

RESPONSIBLE FOR PACKING UP THESE FOOD WASTES AND DRIVING THEM AN HOUR

NYS ASSEMBLY MAY 13, 2024

OR SO TO A RECYCLING FACILITY AND THEN COMING BACK? IS THAT THE

RESPONSIBILITY OF EACH AND EVERY ONE OF THESE RESTAURANTS?

MS. SHIMSKY: WELL, IT IS UP TO THE FOOD GENERATOR.

IF THEY WANT TO DO THEM THEMSELVES, IF THEY WANT TO HIRE SOMEONE TO DO

IT, IT'S THEIR CHOICE.

MR. GOODELL: NOW, AS YOU KNOW, ALMOST ALL OF

OUR LANDFILLS NOW ARE COVERED WITH -- WHEN THEY'RE FINALIZED THEY'RE

COVERED WITH SEVERAL FEET OF HIGH-DENSITY CLAY THAT'S IMPERMEABLE, AND

THEN THE LANDFILLS OFTEN WILL THEN TAP, PUT IN PIPES, DRILL INTO THE REFUSE

AND CAPTURE AND RECYCLE METHANE. MY COUNTY, FOR EXAMPLE, TAKES THE

METHANE FROM ITS OWN LANDFILL AND USES IT TO GENERATE ELECTRICITY. IF WE

REQUIRE ALL THE FOOD STAMPS TO GO -- FOOD SCRAPS TO GO SOMEWHERE ELSE,

AREN'T WE ACTUALLY DEFEATING THAT PROCESS OF RECYCLING THAT'S MANIFEST BY

THE CAPTURE AND UTILIZATION OF THE METHANE THAT'S PRODUCED AT LANDFILLS?

MS. SHIMSKY: NUMBER ONE, IF THE FOOD WASTE IS

ACTUALLY BEING TURNED AROUND AND USED AS FOOD, THAT'S ACTUALLY A MUCH

MORE EFFICIENT GENERATOR OF ENERGY THAN PUTTING IT INTO A -- TO A

METHANE-PRODUCING LANDFILL. I DON'T THINK WE'RE ANYWHERE NEAR

COMPLETE PARTICIPATION IN SUCH A METHODOLOGY THROUGHOUT THE STATE.

SO WE WOULD STILL HAVE AN AWFUL LOT OF PROBLEMS WITH THAT AS WELL.

MR. GOODELL: NOW, AS YOU KNOW, WE HAVE

HUNDREDS OF THOUSANDS OF RESTAURANTS. HOW MANY RECYCLING FACILITIES

DO WE HAVE IN THE STATE OF NEW YORK THAT ARE ELIGIBLE TO ACCEPT FOOD

SCRAPS?

MS. SHIMSKY: THE DEC WEBSITE WAS 44.

NYS ASSEMBLY MAY 13, 2024

MR. GOODELL: FORTY-FOUR. SO THERE'S LESS THAN

ONE PER COUNTY. DOESN'T THIS LAW THEN CREATE A STATUTORY MONOPOLY ON

FOOD SCRAP RECYCLERS? AND IS THERE ANY COST CONTROLS CONTAINED IN THIS

LEGISLATION SO THAT THE FOOD SCRAP RECYCLER IS PROHIBITED FROM CHARGING

OUTRAGEOUS RATES TO SMALL RESTAURANTS?

MS. SHIMSKY: YES, THERE ARE.

MR. GOODELL: AND WHERE IS THAT IN THE STATUTORY

LANGUAGE?

MS. SHIMSKY: THAT IS IN EXISTING LAW, AND THE

NUMBER IS 10 PERCENT.

MR. GOODELL: ON 10 PERCENT OF WHAT?

MS. SHIMSKY: TEN PERCENT ABOVE THE NORMAL FEE

OR THE BASE -- THE SOLID WASTE FEE. IT'S -- IT'S 10 PERCENT ABOVE THE SOLID

WASTE FEE.

MR. GOODELL: I SEE. SO THE ANTICIPATED COST TO ALL

THESE SMALL RESTAURANTS IS A 10 PERCENT INCREASE IN THEIR SOLID WASTE

FEES.

MS. SHIMSKY: THAT'S THE MAXIMUM. SOMETIMES

IT'S CHEAPER; IT DEPENDS ON WHAT CAN BE -- WHAT PURPOSE THE FOOD WASTE

CAN BE PUT TOWARD.

MR. GOODELL: NOW, AS I MENTIONED, IF THE

RESTAURANT SENDS THESE FOOD SCRAMPS [SIC] TO THE LANDFILLS, ALMOST ALL OF

THEM ACROSS THE STATE RECYCLE BY COLLECTING THE METHANE AND USING IT.

ARE THERE ANY COLLECTION REQUIREMENTS FOR A FOOD SCRAP RECYCLER TO

CAPTURE METHANE THAT'S PRODUCED NATURALLY IN THE DECOMPOSITION

NYS ASSEMBLY MAY 13, 2024

PROCESS AT THE FOOD SCRAP RECYCLER?

MS. SHIMSKY: THE -- THE OBLIGATIONS TO -- FOR THESE

FACILITIES IS AT LEAST AS STRINGENT AS THOSE FOR THE MUNICIPAL -- THE

MUNICIPAL DUMPS.

MR. GOODELL: THAT -- THAT WOULD BE NEWS TO

THEM, BECAUSE MUNICIPAL DUMPS HAVE A DOUBLE-COMPOSITE LINER AND

ARE TIGHTLY REGULATED, WHEREAS THESE RECYCLING FACILITIES TYPICALLY, IF

THEY HAVE ANY LINER AT ALL, IS UNUSUAL. THEY DON'T -- THEY DON'T -- THE

REGULATIONS AREN'T ANYWHERE SIMILAR, ARE THEY? UNLESS WE'RE --

MS. SHIMSKY: THE OBLIGATION --

MR. GOODELL: -- NOW IMPOSING THOSE MASSIVE

REGULATORY REQUIREMENTS ON RECYCLERS.

MS. SHIMSKY: THE SPECIFIC REQUIREMENT DEPENDS

ON THE SPECIFIC PROCESS THAT IS USED AT A SPECIFIC FACILITY.

MR. GOODELL: NOW, GOING BACK A LITTLE BIT TO AN

EARLIER QUESTION, IF YOU HAVE A RESTAURANT THAT GIVES ITS FOOD SCRAPS TO A

LOCAL FARMER, MAYBE AS FOOD, ARE THEY EXEMPT, AND IF SO, HOW -- HOW

DO THEY OBTAIN THAT? DO THEY HAVE TO APPLY FOR AN EXEMPTION FROM THE

DEC? IS THERE ANY STATUTORY LANGUAGE THAT DEALS WITH THAT SITUATION?

MS. SHIMSKY: THAT -- THAT IS COMPLIANCE WITH THE

LAW, AND IF THERE WERE ANY QUESTIONS THEY'D JUST HAVE TO LET FOLKS KNOW.

MR. GOODELL: SO IN OTHER WORDS, THE DEC, BASED

ON EITHER STAFF -- WHICH IS HOW THEY CURRENTLY DO IT OR SOME NEW

METHODOLOGY YET TO BE DEVELOPED BASED ON UNKNOWN CUSTOMERS -- WILL

THEN COME TO THE -- TO THE RESTAURANT, AND IS IT LIKE AN AFFIRMATIVE

NYS ASSEMBLY MAY 13, 2024

DEFENSE FOR THE RESTAURANTS TO SAY, YEAH, BUT OUR CUSTOMERS LOVE OUR

FOOD AND SO WE DON'T HAVE SCRAPS? OR IS IT AN AFFIRMATIVE DEFENSE FOR

THEM TO SAY, AND WHAT FEW SCRAPS WE HAVE WE GIVE TO THE LOCAL

FARMER? IS IT AN AFFIRMATIVE DEFENSE OR CAN THEY APPLY FOR AND RECEIVE

A WAIVER IN ADVANCE?

MS. SHIMSKY: THEY -- THEY JUST FILE A DOCU -- THEY

JUST FILE A DOCUMENT WITH THE DEC. IT'S FAIRLY STRAIGHTFORWARD.

MR. GOODELL: NOW, YOU MENTIONED THAT THE LOCAL

LANDFILL FACILITIES WILL ASSIST THE DEC. WHO ACTUALLY ENFORCES THIS? IS

THIS A DEC OFFICER THAT GOES OUT AND WRITES A CITATION?

MS. SHIMSKY: THE LANDFILLS THEMSELVES HAVE

REPORTING OBLIGATIONS.

MR. GOODELL: I UNDERSTAND THEY HAVE REPORTING

OBLIGATIONS. MY QUESTION IS WHO WRITES THE CITATION TO THE SMALL

RESTAURANT, CLAIMING THAT THEY'RE NOT RECYCLING?

MS. SHIMSKY: THERE IS NO CITATION FOR THE SMALL

RESTAURANT. THE ENFORCEABILITY GOES WITH THE PEOPLE WHO WOULD ACCEPT

THE WASTE.

MR. GOODELL: SO IF I'M RUNNING A SMALL

RESTAURANT, I DON'T NEED TO WORRY ABOUT BEING CITED?

MS. SHIMSKY: THAT -- THAT IS TRUE. NOW, YOU MAY

HAVE TROUBLE WITH YOUR -- WITH A LOCAL SITE TAKING YOUR -- YOUR FOOD

WASTE. THAT'S WHERE THE PROBLEM WOULD BE FOR THE LOCAL RESTAURANT.

MR. GOODELL: NOW, DOES THIS REQUIRE THE

RESTAURANTS TO SOURCE SEPARATE FOOD WASTE FROM NAPKINS AND THINGS LIKE

NYS ASSEMBLY MAY 13, 2024

THAT? I KNOW WHEN I GO TO PANERA'S I SEPARATE SOME, BUT DOES THIS

REQUIRE ALL THE RESTAURANTS NOW TO SOURCE SEPARATE FOOD SCRAPS FROM

EVERYTHING ELSE?

MS. SHIMSKY: THERE IS --

(BUZZER SOUNDS)

DO I ANSWER THAT, MR. SPEAKER?

MR. GOODELL: IT'D BE -- IT'D BE GREAT IF YOU'RE

WILLING TO.

(LAUGHTER)

MS. SHIMSKY: I'M SEEKING GUIDANCE, MR. SPEAKER.

ACTING SPEAKER AUBRY: PROCEED.

MS. SHIMSKY: OKAY. COULD YOU REPEAT THE

QUESTION?

MR. GOODELL: CERTAINLY. DOES THIS BILL -- ARE WE

ANTICIPATING THAT WE'RE NOW REQUIRING SMALL RESTAURANTS TO SEPARATE

FOOD SCRAPS FROM NON-FOOD SCRAPS LIKE THE NAPKINS AND THE, YOU KNOW,

DISPOSABLE SILVERWARE, I GUESS, WHATEVER YOU CALL THAT? PLASTIC FORKS OR

WHATEVER, AND THEN KEEP THE FOOD WASTE SEPARATE? IS THIS NOW

REQUIRING THEM TO KEEP THE FOOD WASTE SEPARATE?

MS. SHIMSKY: MOSTLY IT'S EDIBLE FROM INEDIBLE.

OBVIOUSLY, WHAT A PARTICULAR RESTAURANT USES FOR NAPKINS, UTENSILS AND

SO ON MIGHT MAKE THE ANSWER TO THAT QUESTION DIFFERENTLY -- DIFFERENT.

MR. GOODELL: I SEE. AND WHEN WE'RE GOING BACK

TO THE WEIGHT, IS THAT A DRY WEIGHT OR THE WET WEIGHT THAT SMALL

RESTAURANTS HAVE TO MEET? IN ORDER WORDS, CAN THEY DRAIN ALL THE LIQUID

NYS ASSEMBLY MAY 13, 2024

OFF SO THAT THEY CAN KEEP IT UNDER 100 POUNDS A DAY?

MS. SHIMSKY: THE THING IS, IT'S NOT THE SPECIFIC

WEIGHT OF THE FOOD, IT'S DONE BY THE METHODOLOGY THAT WE HAD DISCUSSED

EARLIER.

MR. GOODELL: SO THIS IS A -- A LEGAL STANDARD THAT

APPLIES TO FOOD WASTE BASED ON WEIGHT, BUT WE'RE NOT ACTUALLY

CALCULATING IT BASED ON WEIGHT. WE'RE CALCULATING IT ON THE NUMBER OF

EMPLOYEES OR MAYBE A HYPOTHETICAL NUMBER OF CUSTOMERS? AND FROM

THAT, WE REDUCE IT BY A HYPOTHETICAL NUMBER THAT MIGHT GO TO

AGRICULTURE OR A FARMER?

MS. SHIMSKY: WE -- WE GO ABOUT IT THE SAME WAY

THAT WE'VE BEEN GOING ABOUT IT FOR THE LAST SEVERAL YEARS. WE DEVELOP A

METHODOLOGY THAT MAKES SENSE AND WE APPLY IT.

MR. GOODELL: THANK YOU VERY MUCH FOR

ENTERTAINING ALL THESE QUESTIONS, I APPRECIATE IT. THANK YOU VERY MUCH

FOR YOUR (INAUDIBLE/CROSS-TALK).

MS. SHIMSKY: SURE THING, MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: AS MY COLLEAGUE CORRECTLY POINTED

OUT, WE CURRENTLY HAVE A REQUIREMENT THAT LARGER RESTAURANTS, SCHOOLS,

RETAILERS, SUPERMARKETS, CORRECTIONAL FACILITIES, COLLEGES, THINGS OF THOSE

NATURE, THAT PRODUCE A COUPLE OF TONS OF FOOD SCRAPS EVERY WEEK, AND

NYS ASSEMBLY MAY 13, 2024

ARE LOCATED WITHIN 25 MILES OF A CERTIFIED RECYCLER, ARE REQUIRED TO

RECYCLE. AND -- AND I APPRECIATE THAT OBJECTIVE AND IT'S ONE THAT I THINK

MOST OF US SUPPORT. BUT THERE'S SOME TIMES WHERE WE TAKE A GOOD IDEA

AND WE RUN IT UNTIL IT NO LONGER MAKES SENSE. AND WHAT THIS BILL DOES

IS IT REDUCES THAT THRESHOLD FROM 2 TONS A WEEK TO 500 POUNDS A WEEK.

UNDER THE DEC METHODOLOGY, WHICH IS BASED ALMOST EXCLUSIVELY ON

THE NUMBER OF EMPLOYEES, IT WOULD MEAN UNDER THE CURRENT DEC

METHODOLOGY THAT A RESTAURANT WITH ONLY 15 EMPLOYEES WOULD BECOME

SUBJECT TO THIS. IF THEY PRODUCE MORE THAN 100 POUNDS OF WASTE USING A

THEORETICAL MODEL CREATED BY THE ROCHESTER INSTITUTE OF TECHNOLOGY IN

CONJUNCTION WITH THE NEW YORK STATE POLLUTION PREVENTION INSTITUTE.

AND WE'RE TOLD THE RESTAURANT DOESN'T HAVE TO WEIGH IT, THE DEC DOESN'T

HAVE TO WEIGH IT. THERE'S NO STATUTORY EXCEPTION FOR A REDUCTION BASED

ON RECYCLING IT IN ANOTHER MEANS, ALTHOUGH CONCEPTUALLY THAT'S

AVAILABLE. WE'RE TOLD THAT NOBODY IS GONNA GET A CITATION. WHAT IS THIS

ABOUT? IS IT JUST COMING UP WITH NEW WAYS TO IMPOSE STATUTORY

REQUIREMENTS ON SMALL RESTAURANTS AND TRY TO DRIVE THEM OUT OF

BUSINESS WITH ENDLESS REGULATIONS THAT ARE UNENFORCEABLE,

UNMEASURABLE AND INCOMPREHENSIBLE TO ANYBODY WHO'S IN THE FIELD? I

UNDERSTAND REQUIRING RECYCLING FOR A COLLEGE, A CORRECTIONAL INSTITUTION,

FOR LARGE SUPERMARKETS. THEY COLLECT THAT FOOD. THERE IS A HIGH

VOLUME. THEY CAN DEAL WITH IT. BUT TO IMPOSE THIS STANDARD ON SMALL

RESTAURANTS AND REQUIRE THEM TO MAKE ARRANGEMENTS TO TRANSPORT IT TO A

RECYCLING FACILITY THAT COULD BE 50 MILES AWAY, WHICH IS AN HOUR EACH

DIRECTION, TWO-HOUR DRIVE, AND STORE THIS PUTRID MATERIAL UNTIL THEY HAVE

NYS ASSEMBLY MAY 13, 2024

ENOUGH TO TRANSPORT IT JUST DOESN'T MAKE SENSE. IT'S TAKING A GOOD IDEA

AND RUNNING IT TO THE EXTREME.

AND FOR THAT REASON, WHILE I APPRECIATE THE SENTIMENTS

OF MY COLLEAGUE AND THE DESIRE TO EXPAND RECYCLING, I THINK THIS BILL

GOES TOO FAR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MR. SIMPSON.

MR. SIMPSON: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD FOR A COUPLE OF QUESTIONS?

ACTING SPEAKER AUBRY: MS. SHIMSKY, WILL

YOU YIELD?

MS. SHIMSKY: INDEED.

ACTING SPEAKER AUBRY: MS. SHIMSKY YIELDS,

SIR.

MR. SIMPSON: SO, HOW WOULD THIS LAW IMPACT, OR

THIS EXPANSION, IMPACT VENUES SAY AS -- SUCH AS THE NEW YORK STATE

FAIR? OR IN MY REGION THERE'S A LOT OF EVENTS LIKE CAR SHOWS THAT LAST A

WEEK AND THERE'S MANY, MANY VENDORS, FOOD VENDORS, THAT ARE CREATING

A WHOLE LOT OF FOOD SCRAPS. IS IT AN AGGREGATE FOR AN EVENT? IS IT

INDIVIDUAL? AND IF IT'S INDIVIDUAL, HOW ARE WE ADDRESSING -- YOU KNOW,

THIS BILL IS MEANT TO ADDRESS A PROBLEM. WHERE IS THE PROBLEM IF WE'RE

NOT ADDRESSING IT?

MS. SHIMSKY: OKAY. FIRST OF ALL, IN TERMS OF THE

STATE FAIR, THE DEC HAS RULED THAT THEY ALREADY ARE COVERED BY THIS

LAW. IN TERMS OF SMALL VENDORS, THE THING TO KEEP IN MIND IS IT IS A

NYS ASSEMBLY MAY 13, 2024

YEARLY AGGREGATE, AND IF YOU'RE OPEN FIVE DAYS OUT OF THE YEAR AT A

PARTICULAR LOCATION, THAT SEEMS TO BE WHAT YOUR -- YOUR TOTAL IS.

MR. SIMPSON: SO YOU SAID YEARLY AGGREGATE.

THOSE VENDORS ARE YEARLY EMPLOYED, BUT MAYBE, YOU KNOW, THEY COULD

BE IN ONE TOWN AND THEN THEY'RE TWO TOWNS OVER, ANOTHER BIG EVENT.

MS. SHIMSKY: IT'S -- IT'S -- IT'S WITH REGARD TO A

SPECIFIC LOCATION. SO IF THE AUTO SHOW IS ONLY HERE FOUR DAYS A YEAR,

THAT'S THE ONLY WASTE THAT IS GOING TO BE AT ISSUE.

MR. SIMPSON: OKAY. AND ONE MORE QUESTION

RELATED TO THE STATE FAIR. IF THEY'VE ALREADY BEEN DEEMED TO COME

UNDER THIS, HOW IS THAT GOING TO WORK? PEOPLE ARE EATING, THEY'RE

THROWING FOOD OUT WITH A WRAPPER. ARE WE -- IS THE PROGRAM GONNA

INCLUDE PEOPLE ARE GONNA SEPARATE THIS, OR IS THERE A SEPARATION

SOMEWHERE?

MS. SHIMSKY: IT ALREADY DOES. PRESUMABLY,

THEY'RE ALREADY IN COMPLIANCE. AND THIS MAY MAKE A GREAT FIELD TRIP.

MR. SIMPSON: THAT'S INTERESTING. I WOULD LIKE TO

SEE THAT.

MS. SHIMSKY: OKAY. VERY GOOD.

MR. SIMPSON: THANK YOU. THANK YOU FOR

ANSWERING MY QUESTIONS.

MS. SHIMSKY: AND THANK YOU.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

NYS ASSEMBLY MAY 13, 2024

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THE REPUBLICAN CONFERENCE WILL

GENERALLY WANT TO SCRAP THIS LEGISLATION, BUT THOSE WHO WANT TO SUPPORT

IT CAN CERTAINLY VOTE YES ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MS. SOLAGES.

MS. SOLAGES: THE MAJORITY CONFERENCE WILL BE

VOTING GENERALLY IN THE -- IN THE AFFIRMATIVE. THOSE WHO WISH TO VOTE

IN THE NEGATIVE CAN DO SO AT THEIR DESK.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. EPSTEIN TO EXPLAIN HIS VOTE.

MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO

EXPLAIN MY VOTE. I WANT TO THANK THE SPONSOR OF THIS BILL. TO EXPAND

OPPORTUNITIES FOR COMPOSTING AROUND THIS STATE IS CRITICAL TO GET TO OUR

CLIMATE GOALS. THE IDEA OF GETTING MORE FOOD WASTE OUT OF OUR WASTE

STREAM IS REALLY IMPERATIVE. WE BELIEVE THAT WE NEED TO DO SOMETHING

ABOUT CLIMATE CHANGE, THE WAY -- ONE -- ONE CRITICAL WAY TO DO IT IS TO

GET AS MUCH FOOD WASTE OUT OF IT.

I APPLAUD THE SPONSOR AND I VOTE IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

AFFIRMATIVE.

MS. SHIMSKY TO EXPLAIN HER VOTE.

NYS ASSEMBLY MAY 13, 2024

MS. SHIMSKY: THANK YOU, MR. SPEAKER.

ACCORDING TO THE CLCPA SCOPING PLAN, FOOD SCRAPS MAKE UP 18

PERCENT OF THE TOTAL SOLID WASTE STREAM, AND ARE THE MOST SIGNIFICANT

SOURCE OF METHANE IN LANDFILLS. AND WE KNOW THAT METHANE IS UP TO 80

TIMES, NOT 80 PERCENT STRONGER, BUT 80 TIMES STRONGER THAN CO2 AS A

CLIMATE CHANGE GENERATOR. WE NEED TO CONTINUE MOVING FORWARD TO

TAKE MORE AND MORE FOOD WASTE OUT OF OUR WASTE STREAM. THIS BILL

GIVES ANOTHER GRADUAL PUSH IN THAT DIRECTION. WE WILL -- WE WILL BE

TAKING MORE AND MORE FOOD OUT, BUT WE'RE DOING IT IN A -- AT A GRADUAL

PACE WHICH WILL ALLOW THE MARKET AND FACILITIES TO CATCH UP. I THINK

THIS IS A GREAT BALANCE BETWEEN BEING BUSINESS-FRIENDLY AND MAKING

SURE THAT CLIMATE CHANGE DOES NOT DESTROY US ALL.

THEREFORE, I'LL BE VOTING IN THE AFFIRMATIVE.

ACTING SPEAKER AUBRY: MS. SHIMSKY IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MS. SOLAGES.

MS. SOLAGES: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO INTERRUPT THE PROCEEDINGS FOR AN INTRODUCTION OF A

GUEST. ON BEHALF OF ASSEMBLYMEMBER BURDICK, I AM REQUESTING TO

INTRODUCE DR. MARY JEAN MACDONALD, AN ADVOCATE FOR PEDIATRIC CANCER

PATIENTS.

IF YOU COULD PLEASE EXTEND THE CORDIALITIES OF THE

NYS ASSEMBLY MAY 13, 2024

HOUSE FOR THIS WONDERFUL NEW YORKER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. SOLAGES, MR. BURDICK, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, WE EXTEND TO YOU

THE PRIVILEGES OF THE FLOOR. OUR THANKS FOR THE WORK THAT YOU'RE DOING.

CONTINUE THAT GREAT WORK AND KNOW THAT YOU WILL ALWAYS BE WELCOME

HERE IN THE NEW YORK STATE ASSEMBLY, THE PEOPLE'S HOUSE. THANK YOU

SO VERY MUCH FOR BEING HERE.

(APPLAUSE)

MR. GOODELL FOR THE PURPOSES OF A INTRODUCTION.

MR. GOODELL: THANK YOU, MR. SPEAKER. ON

BEHALF OF OUR COLLEAGUE ARI BROWN, ASSEMBLYMAN ARI BROWN, I'D LIKE

TO INTRODUCE A REMARKABLE INDIVIDUAL, SIR DAVID GOLDBERG. HE'S BEEN A

BEACON OF INSPIRATION FOR MANY STUDENTS AT THE SANFORD CALHOUN [SIC]

HIGH SCHOOL IN THE BELLMORE-MERRICK CENTRAL HIGH SCHOOL SYSTEM.

AND I REFERRED TO HIM AS "SIR" BECAUSE HE WAS RECENTLY KNIGHT -- HE

RECENTLY WAS KNIGHTHOODED BY THE PARTE GUELFA IN FLORENCE, ITALY FOR

HIS WORK, ESPECIALLY IN HIS COMMITMENT TO HUMANITARIANISM AND

EDUCATIONAL EXCELLENCE. IN HIS CLASSROOM, SIR DAVID GOLDBERG LEADS

STUDENTS IN A SPECIAL INTERDISCIPLINARY CLASS ENTITLED VOICES OF THE PAST,

WHERE HE EXAMINES THE DARKEST CHAPTERS OF HUMAN HISTORY WITH

SENSITIVITY AND DEPTH. HIS ADVOCACY, AS YOU MIGHT GUESS, EXTENDS WELL

BEYOND THE CLASSROOM AND INCLUDES ISSUES SUCH AS ENVIRONMENTAL

PRESERVATION, PEACE-BUILDING AND PUBLIC EDUCATION. HIS INVESTITURE AS

A KNIGHT SYMBOLIZES A LIFELONG DEDICATION TO THESE SYMBOLS. IT IS NOT

NYS ASSEMBLY MAY 13, 2024

OFTEN THAT WE ARE BLESSED WITH A KNIGHT, ESPECIALLY DURING THE DAY.

IF YOU WOULD KINDLY EXTEND THE COURTESIES OF OUR

CHAMBER TO SIR DAVID GOLDBERG, I WOULD APPRECIATE IT.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. GOODELL, MR. BROWN, THE SPEAKER AND ALL THE MEMBERS, SIR

GOLDBERG, WE WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY, WE

EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. CONGRATULATIONS ON THE

HONORS THAT YOU'VE RECEIVED. AND I MUST TELL YOU, IN MY TEN YEARS OF

DOING THIS, AND MAYBE 32 YEARS, I'VE NEVER INTRODUCED A KNIGHT. THANK

YOU SO VERY MUCH. WELCOME FOR BEING HERE.

(APPLAUSE)

PAGE 15, RULES REPORT NO. 42, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05909-A, RULES

REPORT NO. 42, EPSTEIN. AN ACT TO AMEND THE EXECUTIVE LAW, IN

RELATION TO ESTABLISHING A CHIEF SUSTAINABILITY OFFICER.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. EPSTEIN TO EXPLAIN HIS VOTE.

MR. EPSTEIN: THANK YOU, MR. SPEAKER. I RISE TO

EXPLAIN MY VOTE. THIS BILL JUST ALLOWS US TO CREATE A CHIEF

SUSTAINABILITY OFFICER. WHEN WE PASSED THE CLCPA, ALL OF THESE STATE

AGENCIES ARE OPERATING TO ADVANCE THE GOALS OF THE CLCPA. IT'S REALLY

NYS ASSEMBLY MAY 13, 2024

IMPORTANT TO HAVE A COORDINATED EFFORT TO KNOW WHAT AGENCIES ARE

DOING WHAT AND WHO'S IN CHARGE. THIS BILL CREATES THAT OPPORTUNITY TO

HAVE THIS SUSTAINABILITY OFFICER TO DIRECT ALL OUR CLIMATE CHANGE WORKS

TOGETHER TO MAKE SURE IT GOES IN TANDEM.

I ENCOURAGE MY COLLEAGUES TO VOTE IN FAVOR OF THIS

BILL.

ACTING SPEAKER AUBRY: MR. EPSTEIN IN THE

AFFIRMATIVE.

MS. WALSH TO EXPLAIN HER VOTE.

MS. WALSH: THANK YOU, MR. SPEAKER. SO THE ONLY

THING I WOULD SAY ABOUT THIS BILL THAT STRUCK ME IS THAT WHEN I THINK

ABOUT WHAT THE STATE DOES WELL, I -- I'M CONCERNED ABOUT PUTTING A

CHIEF SUSTAINABILITY OFFICER IN PLACE TO LOOK AT THE VAST ARRAY OF AGENCIES

THAT WE HAVE IN THE STATE. I MEAN, I THINK THAT IF THE STATE COULD DO

ANYTHING WELL, THAT MIGHT WORK OUT WELL. BUT, I MEAN, TAKE A LOOK AT

THE OFFICE OF CANNABIS MANAGEMENT. HOW WELL ARE WE DOING WITH

THAT RIGHT NOW? I -- I DON'T KNOW, I JUST FEEL LIKE LESS GOVERNMENT IS

BETTER, GENERALLY SPEAKING, AND I FEEL LIKE PUTTING THIS INDIVIDUAL IN

PLACE AND GIVING SUCH HUGE RESPONSIBILITIES IS JUST -- TO ME, IT'S JUST

ADDING TO THE BUREAUCRACY, I THINK IT'S JUST ADDING TO THE PROBLEM RATHER

THAN SOLVING ONE. SO I -- I WON'T BE ABLE TO SUPPORT THIS.

THANKS, MR. SPEAKER.

ACTING SPEAKER AUBRY: MS. WALSH IN THE

NEGATIVE, I BELIEVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

NYS ASSEMBLY MAY 13, 2024

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

9711, RULES REPORT NO. 43, THE CLERK READ.

THE CLERK: ASSEMBLY NO. A09711, RULES REPORT

NO. 43, ZEBROWSKI, L. ROSENTHAL, SIMON, COLTON, REYES, SIMONE,

GONZ�LEZ-ROJAS, KELLES, MAMDANI, ARDILA, STECK, SHRESTHA, BURDICK,

SHIMSKY, GALLAGHER, STIRPE, RAMOS, OTIS, FAHY, THIELE, CLARK, BORES,

RAGA, LEVENBERG, CRUZ, ANDERSON, GLICK, EPSTEIN, LEE, GUNTHER,

SEAWRIGHT, PAULIN, BENEDETTO, SOLAGES, BICHOTTE HERMELYN, CARROLL,

WEPRIN. AN ACT TO AMEND THE STATE FINANCE LAW, IN RELATION TO

ENACTING THE TROPICAL RAINFOREST ECONOMIC & ENVIRONMENTAL

SUSTAINABILITY ACT; AND TO AMEND THE ECONOMIC DEVELOPMENT LAW, IN

RELATION TO ESTABLISHING THE SUPPLY CHAIN TRANSPARENCY ASSISTANCE

PROGRAM.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. ZEBROWSKI.

MR. ZEBROWSKI: THANK YOU, MR. SPEAKER. THIS

BILL WOULD ENSURE THAT COMPANIES CONTRACTING WITH THE STATE ARE NOT

CONTRIBUTING TO TROPICAL DEFORESTATION OR DEGRADATION.

ACTING SPEAKER AUBRY: ONE MINUTE, MR.

ZEBROWSKI.

LADIES AND GENTLEMEN, ALL THE LADIES AND ALL THE

GENTLEMEN, NOT SOME OF YOU. PLEASE, WE'VE GOT TO GET THROUGH TODAY,

WE'D LIKE TO DO IT WITH THE LEAST AMOUNT OF DISRUPTION. YOU CAN TALK ALL

YOU WANT IN EITHER GROUP TONIGHT.

NYS ASSEMBLY MAY 13, 2024

PROCEED.

MR. ZEBROWSKI: THANK YOU, MR. SPEAKER. IN

ADDITION, THE BILL DOES SEVERAL THINGS, BUT I'LL JUST LIST TWO OF THE MAIN

ONES. IT EXPANDS THE LIST OF TROPICAL HARDWOODS THAT ARE BANNED FOR

CONTRACTING BY THE STATE AND LOCAL GOVERNMENTS, AND IT ALSO REQUIRES

CONTRACTORS TO CERTIFY THAT CERTAIN COMMODITIES THAT THEY ARE SUPPLYING

HAVE NOT BEEN DERIVED AS A RESULT OF TROPICAL DEFORESTATION OR

DEGRADATION.

ACTING SPEAKER AUBRY: MR. RA.

MR. RA: THANK YOU VERY MUCH, MR. SPEAKER. WILL

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: YES, I'LL YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. RA: THANK YOU, SIR. SO I KNOW WE DEBATED A

FAIRLY SIMILAR BILL LAST YEAR, SO I WANT TO JUST START THERE, IN TERMS OF WE

-- WE HAD A BILL LAST YEAR, THERE HAVE SOME AMENDMENTS MADE FROM

THAT BILL. BUT IF YOU COULD, YOU KNOW, IN GENERAL, TELL US WHAT THOSE

CHANGES ARE FROM THE BILL THAT WE PASSED LAST YEAR THAT WAS VETOED BY

THE GOVERNOR.

MR. ZEBROWSKI: SURE. A FEW OF THE THINGS THAT

WE AMENDED, FIRST OF ALL, THERE'S SOME EXEMPTIONS FOR TWO BIG AGENCIES

THAT WE HAD HEARD MAY HAVE A TOUGH TIME COMPLYING WITH THE BILL, SO

THERE WILL BE EXEMPTIONS UNTIL 2030 WITH THE POSSIBILITY OF GOING A

NYS ASSEMBLY MAY 13, 2024

LITTLE BIT FURTHER FOR THE MTA. AND SPECIFICALLY, ALTHOUGH IT DOESN'T SAY

THE STATEN ISLAND FERRY IN THE BILL, THAT'S WHAT THE LANGUAGE IS GENERALLY

TALKING ABOUT. THERE'S MORE GUIDANCE FOR THE DUE DILIGENCE

RESPONSIBILITIES OF CONTRACTORS, A LITTLE TIGHTENING UP OF THE LANGUAGE,

ENSURING THAT THEY'RE COMPLYING IF THEY -- IF THEY DID SO TO THE BEST OF

THEIR KNOWLEDGE THAT THE PRODUCTS DON'T CONTAIN ANY OF THE

COMMODITIES. THERE'S SOME EXEMPTIONS THAT WERE WORKED ON. IT DOES

LEAVE SOME ADDITIONAL ITEMS UP TO REGULATION BY THE COMMISSIONER,

AND IT IS SILENT AS TO THE USE OF ANY THIRD-PARTY CERTIFICATIONS WHICH

WOULD BE UP TO THAT REGULATORY PROCESS. THAT'S A -- A HANDFUL OF THE

AMENDMENTS THAT WERE PUT INTO THE BILL.

MR. RA: OKAY. NOW IN PARTICULAR, THE GOVERNOR'S

VETO MESSAGE TALKED ABOUT THAT IT WOULD POTENTIALLY IMPOSE ADDITIONAL

COSTS ON STATE AND LOCAL GOVERNMENTS, AND IT ALSO TALKED ABOUT SOME

CONCERNS, I GUESS, IN TERMS OF SMALLER BUSINESSES AND VENDORS BEING

ABLE TO CONTRACT WITH THE STATE. SO CAN YOU ELABORATE ON HOW ANY OF

THESE AMENDMENTS MIGHT ADDRESS THOSE SPECIFIC OBJECTIONS THAT THE

GOVERNOR RAISED IN HER VETO MESSAGE?

MR. ZEBROWSKI: WELL, ONE, I THINK TIGHTENING UP

THE LANGUAGE FOR THE DUE DILIGENCE LANGUAGE WOULD HELP TO ENSURE THAT

ANY SMALL CONTRACTORS WOULD BE ABLE TO COMPLY. AS I SAID, ADDING THE

ABILITY FOR THE COMMISSIONER TO INSTITUTE A BUNCH OF REGULATIONS IN TERM

-- AND ALSO PROVIDING BEST PRACTICE STANDARDS THAT CONTRACTORS COULD

RELY ON WOULD ALSO BE HELPFUL IN THAT PROCESS. AND OF COURSE AT THE END

OF THE BILL, ALTHOUGH MUCH OF THAT WAS IN THE PRIOR BILL, THE SUPPLY

NYS ASSEMBLY MAY 13, 2024

CHAIN TRANSPARENCY ASSISTANCE PROGRAM THAT'S CONTAINED IN THE LAST

COUPLE PAGES I THINK WOULD GIVE SUFFICIENT ASSISTANCE TO ANY SMALL- OR

MEDIUM-SIZE BUSINESSES.

MR. RA: OKAY. NOW, I -- I THINK WE'LL GET BACK TO

THAT PARTICULAR PROGRAM IN -- IN A FEW MOMENTS. BUT YOU MENTIONED

DURING YOUR DESCRIPTION OF THE AMENDMENTS A THIRD-PARTY CERTIFICATION.

SO, AM I CORRECT, SO LAST YEAR'S BILL DID NOT ALLOW THESE THIRD-PARTY

CERTIFICATIONS TO BE UTILIZED BY THE BUSINESSES?

MR. ZEBROWSKI: CORRECT.

MR. RA: AND THIS YEAR'S, I GUESS IT DOESN'T

SPECIFICALLY SAY THEY CAN USE THEM BUT IT'S SILENT REGARDING THAT.

MR. ZEBROWSKI: CORRECT.

MR. RA: OKAY. NOW IS IT -- IS IT YOUR INTENTION,

THOUGH, THAT THOSE BE ABLE TO BE UTILIZED, OR IS IT POSSIBLE THAT DURING

THE REGULATORY PHASE OF IMPLEMENTING THIS THAT PERHAPS IT'S DETERMINED

THAT NO, WE'RE NOT GONNA ALLOW THIRD-PARTY CERTIFICATIONS TO BE RELIED

UPON?

MR. ZEBROWSKI: IT'S MY INTENTION TO ALLOW THE

AGENCY AND THE COMMISSIONER TO ANALYZE THOSE THIRD-PARTY

CERTIFICATION -- GROUPS, AGENCIES, NOT-FOR-PROFITS, WHATEVER YOU WANT TO

CALL THEM -- AND ANALYZE THEM NOW AND IN THE FUTURE AND FIGURE OUT IF IT

PROVIDES A -- THEY HAVE A PROCESS THAT'S TRANSPARENT ENOUGH THAT THEY

SHOULD BE UTILIZED. AND -- AND THEY CAN PUT IT IN THEIR REGS, AND SO

BUSINESSES COULD RELY ON THAT AS LONG AS THEY'RE CERTIFIED BY THIS

AGENCY, THEN THEY -- THEN IT'S OKAY FOR THEM TO -- TO PROCURE THAT

NYS ASSEMBLY MAY 13, 2024

PRODUCT. SO WE FELT THAT IN THIS NEW VERSION THAT THE AGENCY COULD

PROPERLY GO THROUGH THAT PROCESS. I'LL -- I'LL NOTE THAT AS PART OF THE

REGULATORY PROCESS, THE AGENCY IS DIRECTED TO SET UP SPECIFIC MEETINGS

WITH BOTH BUSINESSES AND OTHER FOLKS THAT ARE -- COULD BE AFFECTED BY

THIS, AND WE THINK THROUGH THAT COLLABORATIVE PROCESS THE CORRECT

THIRD-PARTY CERTIFICATIONS WILL OR WILL NOT BE AUTHORIZED.

MR. RA: OKAY. SO ESSENTIALLY, LIKE DURING THE

REGULATORY PROCESS THEY'LL VET THAT AND THEN THEY MIGHT SAY, YOU KNOW,

A PRODUCT THAT BEARS THE XYZ SEAL, WE VETTED THAT, WE KNOW THAT THE

SOURCING IS CORRECT AND THAT -- AND THE ENTITY THAT'S CONTRACTED WITH THE

STATE OR LOCAL GOVERNMENT WOULD BE ABLE TO RELY ON THAT TO SAY, WE'VE

RESPONSIBLY SOURCED THIS MATERIAL, CORRECT?

MR. ZEBROWSKI: CORRECT.

MR. RA: OKAY. NOW, YOU ALSO MENTIONED SOME OF

THE OTHER THINGS ON THE REGULATORY SIDE. THEY'RE ALSO GOING TO BE ABLE

TO HAVE AND OBVIOUSLY HAVE A -- A FAIRLY LENGTHY LIST IN TERMS OF

DIFFERENT WOODS OR -- AND, YOU KNOW, SOME OF THESE ARE -- ARE WORDS I

WOULDN'T DARE TRY TO PRONOUNCE, BUT THERE'S AN ENUMERATED LIST AND THEN

ON THE REGULATORY SIDE THE -- THERE'S THE OPPORTUNITY TO PERHAPS ADD

ADDITIONAL MATERIALS IN THE FUTURE?

MR. ZEBROWSKI: CORRECT.

MR. RA: OKAY. NOW, THE PROCESS OF DOING THAT

WOULD BE SUBJECT TO -- SIMILAR TO WHAT YOU JUST SAID IN TERMS OF HAVING

MEETINGS WITH GROUPS OR OUTREACH OR -- OR WOULD IT NOT?

MR. ZEBROWSKI: WE BELIEVE IT WOULD BE THE

NYS ASSEMBLY MAY 13, 2024

NORMAL SAPA PROCESS.

MR. RA: OKAY. SO, LIKE -- LIKE A NORMAL AGENCY

REVIEW PROCESS WHERE THEY'RE GONNA PUT OUT RULES, PUBLISH THEM --

MR. ZEBROWSKI: YEAH.

MR. RA: -- AND HAVE THE OPPORTUNITY FOR PUBLIC

COMMENT THAT WE'RE FAMILIAR WITH IN ANY REGULATORY --

MR. ZEBROWSKI: RIGHT, RIGHT. PUBLISH THEM,

OPEN THEM UP TO PUBLIC COMMENT BEFORE THEY GET OFFICIALLY ADOPTED BY

THE AGENCY.

MR. RA: OKAY. IS THERE LANGUAGE TO ENSURE THAT IN

DOING THAT AND UPDATING THIS THAT ONE OF THE THINGS THAT IS LOOKED AT IS

WHETHER THERE ARE SUITABLE ALTERNATIVES FOR A PARTICULAR MATERIAL THAT

MAY BE ADDED TO THE LIST? LIKE, I MEAN, WHEN WE LOOK AT -- YOU KNOW,

WE LOOK AT SOMETHING LIKE FOR THE MTA OR FOR THE FERRY, YOU KNOW,

WE'VE DETERMINED THAT THERE IS A PRODUCT BEING UTILIZED THAT IS VERY

ESSENTIAL TO THEIR OPERATIONS, AND AS A RESULT WE'RE SAYING, HEY, WE'RE

GIVING THIS AN EXEMPTION AND GIVING A LITTLE TIME TO TRY TO COME UP WITH

AN ALTERNATIVE. SO WHAT DO -- WHAT DOES THIS PROVIDE FOR IN TERMS OF IF

A NEW PRODUCT IS GOING TO BE ADDED TO MAKE SURE THERE ARE PROPER

ALTERNATIVES FOR -- FOR, SAY, A PRODUCT THAT IS IN WIDESPREAD USE?

MR. ZEBROWSKI: WELL, IF A PRODUCT -- SO IN THE

BILL THERE ARE EXEMPTIONS OR IF A GIVEN CONTRACT OR RFP IS -- IS OUT THERE

AND -- AND NOBODY RESPONDS TO IT, THERE ARE [SIC] AN EXEMPTION PERIOD

THAT COULD BE GONE THROUGH. SO IF AN ADDITIONAL PRODUCT WERE ADDED TO

THAT OR A HARDWOOD, THEN THEY WOULD BE SUBJECT TO THOSE EXEMPTIONS

NYS ASSEMBLY MAY 13, 2024

THAT ARE CURRENTLY IN THE BILL.

MR. RA: OKAY. AND SO I WANT TO GET BACK TO THOSE

EXEMPTIONS AND, I MEAN, I -- I THINK IT'D BE SIMILAR FOR EITHER OF THEM

BECAUSE THE PROVISIONS ARE A DATE BY WHICH WE WANT TO PHASE THEM OUT,

BUT RIGHT -- A DAY, I BELIEVE IT'S LIKE FOR THE MTA AND THEY USE THIS

MATERIAL WITH -- IN THEIR RAILROAD TIES THAT BY NEXT, I THINK IT'S OCTOBER,

THEY WOULD NEED TO PUT FORTH A PLAN ON HOW THEY'RE GOING TO IN THE

FUTURE UTILIZE A DIFFERENT MATERIAL; IS THAT CORRECT?

MR. ZEBROWSKI: CORRECT. SO BY OCTOBER 1ST OF

2025 THEY HAVE TO DEVELOP A TRANSITION PLAN OUTLINING THE STEPS THE

AUTHORITY WILL TAKE TO MINIMIZE AND EVENTUALLY PHASE OUT THE USE OF

THAT WOOD. THEN THE -- AT OCTOBER 1ST, 2026, DURING THE TWO-YEAR

PERIOD, THE AUTHORITY SHALL ISSUE A PUBLIC REPORT OUTLINING ITS PROGRESS.

AND THEN A YEAR BEFORE THE 2030 EXPIRATION, THE DIRECTOR OF THE BUDGET

WOULD COMMENT AS TO THAT PHASEOUT AND THAT CAN BE EXTENDED THERE UP

UNTIL AN END DATE OF 1/1/35 FOR BOTH THE MTA RAILROAD TIES AND THAT

GREEN HARDWOOD IN THE FERRY SERVICE.

MR. RA: OKAY, THANK YOU. AND THEN, SO ONE OF THE

THINGS THAT HAS BEEN IDENTIFIED WITH REGARD TO THIS IS -- IS I GUESS A LITTLE

BIT OF A PARALLEL TO THE EUROPEAN UNION'S DEFORESTATION FREE REGULATION.

AND I HAVE A LETTER THAT WAS SHARED WITH ME THAT WAS ISSUED FROM THE

UNITED STATES TRADE REPRESENTATIVE, BASICALLY SHARING THE GOAL OF

RAISING OBJECTIONS OR CONCERNS AS TO WHETHER THIS WOULD BE ABLE TO BE

PROPERLY IMPLEMENTED WITHOUT HAVING A MAJOR IMPACT ON -- ON U.S.

PRODUCERS AS THEY'RE DEALING WITH SOURCING MATERIALS FROM -- FROM

NYS ASSEMBLY MAY 13, 2024

OVERSEAS. ARE THERE, YOU KNOW, PROVISIONS OF THIS THAT -- AND -- AND

HOW THEY COMPARE TO, SAY, THAT EUROPEAN UNION, YOU KNOW, POLICY THAT

PROPERLY TAKE INTO ACCOUNT THE UNITED STATES MARKET AND HOW WE'RE

SOURCING THINGS IN THE UNITED STATES TO MAKE SURE THAT, YOU KNOW, OUR

PRODUCERS CAN COMPLY WITH THIS?

MR. ZEBROWSKI: YOU KNOW, I KNOW THE

EUROPEAN UNION HAS TAKEN STEPS. I'M OBVIOUSLY MORE FAMILIAR WITH

THIS SPECIFIC LANGUAGE THAN I AM WITH THE EUROPEAN UNION LANGUAGE. I

JUST KNOW THAT THEY HAVE TAKEN STEPS TO DO THIS. BUT, YOU KNOW, THIS

HAS GONE THROUGH SEVERAL DIFFERENT ROUNDS OF AMENDMENTS, OBVIOUSLY

BEEN VETOED, AND NOW BEEN FURTHER AMENDED HERE. SO, YOU KNOW, I -- I

THINK THIS IS WORKABLE, AND I ACTUALLY THINK IT IS -- IT DOVETAILS WITH

SOME OF THE THINGS WE'VE DONE HERE WITH, LIKE, BUY AMERICAN AND THE

FACT THAT IT ACTUALLY GIVES NEW YORK BUSINESSES A PREFERENCE, A 10

PERCENT BID PREFERENCE. IN ADDITION, I THINK MORE AND MORE EACH AND

EVERY YEAR WE SEE COMPANIES' ABILITIES TO IDENTIFY RIGHT DOWN TO THE --

TO THE MOST BASIC LEVEL THEIR SUPPLY CHAINS. AND I HAVE SOME STATISTICS

IN SOME OF MY NOTES HERE. FOR INSTANCE, LIKE IN PALM OIL, LIKE, YOU

KNOW, 80 PERCENT OF THE PRODUCT OUT THERE CAN NOW BE IDENTIFIED RIGHT

DOWN TO THAT -- THE MOST BASIC SOURCE LEVEL. WELL, BEFORE -- LET ME GIVE

YOU THE EXACT -- YEAH, 80 PERCENT, I WAS CORRECT; SOY, 75 PERCENT; YOU

KNOW, CATTLE AS MUCH AS 100 PERCENT. SO I JUST CAN'T IN THIS DEBATE TELL

YOU ALL THE THINGS THAT HAVE HAPPENED OVER IN EUROPE, JUST WHAT WE

DRAFTED HERE.

MR. RA: OKAY. SO, YOU -- YOU JUST MENTIONED PALM

NYS ASSEMBLY MAY 13, 2024

OIL, ONE -- WHICH IS ONE OF THE MATERIALS THAT I KNOW IS CONTAINED IN

MANY, MANY, MANY PRODUCTS. DO YOU HAVE ANY SENSE AS TO THE ABILITY

OF ENTITIES TO SOURCE THAT MATERIAL IN A WAY THAT IS IN COMPLIANCE WITH

THIS TO DEAL WITH THE DEMAND THAT A MATERIAL LIKE THAT IS IN? BECAUSE AS

I SAID, IT IS CONTAINED IN MANY, MANY PRODUCTS THAT WE USE EVERY DAY.

MR. ZEBROWSKI: YEAH, SO THE INFORMATION I -- I

HAVE IS THAT, YOU KNOW, ABOUT 80 PERCENT OF THE GLOBAL SUPPLY IS

TRACEABLE TO THE MILL LEVEL. IT COULD BE AS MUCH AS 99 PERCENT, BUT TO

BE -- TO BE SAFE FOR THIS DEBATE, OVER 80 PERCENT I THINK IS FAIR, AND EVEN

HALF OF IT IS -- IS -- CAN BE TRACEABLE RIGHT DOWN TO THE -- THE GROWER.

AND ALSO, A LOT OF THE BIGGEST PALM OIL TRADERS, YOU KNOW, COMPANIES

LIKE PEPSICO FROM THE RETAIL LEVEL, OR CARGILL FROM THE, YOU KNOW, THE

MULTI-NATIONAL LEVEL HAVE ALSO PUT INTO EFFECT NO DEFORESTATION AND

TRACEABILITY POLICIES. SO I THINK A LOT OF THE COMPANIES ON THEIR OWN

ARE ALREADY GOING THIS ROUTE. AND SO I THINK GIVEN SOME OF THOSE

STATISTICS, YOU KNOW, THERE WILL BE -- SOME OF OUR CONTRACTORS WILL BE

ABLE TO PIGGYBACK OFF THAT AND NOT HAVE AS MUCH TROUBLE COMPLYING

WITH THIS AS SOME MIGHT THINK.

MR. RA: OKAY. NOW, SO GOING FROM EUROPE TO BACK

HOME, I KNOW THERE IS SOME CURRENT, YOU KNOW, STATUTORY REGULATORY

FRAMEWORK WITH REGARD TO THIS, AND THEN THERE'S ALSO A BILL, I THINK IT'S

CALLED THE FOREST ACT, THAT IS -- THAT IS PENDING. AND I -- I -- MY

UNDERSTANDING IS THAT PENDING PIECE OF FEDERAL LEGISLATION, WHICH I

ASSUME YOU'RE AT LEAST SOMEWHAT FAMILIAR WITH, CORRECT, LOOKS AT THIS

FROM THE PERSPECTIVE, YOU KNOW, A LITTLE HIGHER UP THE SUPPLY CHAIN, I

NYS ASSEMBLY MAY 13, 2024

WOULD SAY, AS OPPOSED TO RETAILERS OR -- OR LOCAL ENTITIES THAT MAY BE

SELLING THESE ITEMS THAT -- I -- I KNOW WE HAVE A SYSTEM, AND WE'LL TALK

ABOUT THAT IN A MINUTE IN TERMS OF THIS ASSISTANCE PROGRAM. BUT, YOU

KNOW, IT ATTACKS IT FROM THE LEVEL OF -- OF A MANUFACTURER WHO MAY BE

IN A MUCH BETTER POSITION TO KNOW THE SOURCING OF THE MATERIALS. SO

WHY ARE WE LOOKING AT IT AT A STATE LEVEL AND AT A LEVEL OF -- OF A, YOU

KNOW, ENTITY THAT IS BASICALLY SELLING THE PRODUCT AS OPPOSED TO HIGHER

UP THE SUPPLY CHAIN?

MR. ZEBROWSKI: SO PERHAPS THE FEDERAL BILL WILL

PASS AND MAKE THIS MOOT, BUT IT HASN'T AND I DON'T KNOW IF WE CAN RELY

ON THAT. SO IN TERMS OF TALKING ABOUT NEW YORK AND -- AND WHAT LEVERS

WE'RE ABLE TO PULL FROM OUR -- OUR CONTRACTING CAPABILITIES, AND THAT'S

WHAT -- THAT'S WHAT THIS BILL IS, RIGHT? IT'S NOT AFFECTING SOMEBODY

WHO'S, YOU KNOW, IN YOUR DISTRICT OR -- OR MY DISTRICT RIGHT NOW, IT'S --

IT'S A STATE PROCUREMENT LEVEL. SO THE LEVEL -- THE LEVER THAT WE CAN PULL

OR THE -- THE PERSON WE HAVE JURISDICTION OVER IS THE CONTRACTOR. WE

DON'T HAVE JURISDICTION OVER, YOU KNOW, A LARGE COMPANY LIKE THAT

UNLESS WE ARE GOING TO DRAFT SOMETHING WHICH WOULD BE FAR BROADER

HERE ON THE FLOOR OF THE LEGISLATURE.

MR. RA: OKAY. NOW, I MEAN, I APPRECIATE YOU SAID

WE'RE TALKING ABOUT IT AT THE STATE LEVEL. BUT IT COULD BE AN ENTITY IN

ANY ONE OF OUR DISTRICTS. WE, I -- I ASSUME WE HAVE DEALERS OF THESE

TYPES OF PRODUCTS, SOME OF WHICH MAY HAVE THE OPPORTUNITY FROM TIME

TO TIME TO GET ACCESS TO A STATE -- TO A STATE CONTRACT, SO IT COULD BE A,

YOU KNOW, A BUSINESS ESSENTIALLY IN ONE OF OUR -- IN ONE OF OUR DISTRICTS

NYS ASSEMBLY MAY 13, 2024

THAT LOSES OUT ON THE ABILITY TO CONTRACT WITH THE STATE, THOUGH.

MR. ZEBROWSKI: IT -- IT COULD BE. I GUESS MY

POINT WAS MORE I GUESS I COULD DRAFT A BILL THAT BANNED A CERTAIN

PRODUCT FROM, YOU KNOW, A -- THAT THEORETICALLY COULD BE WITHIN OUR

JURISDICTION, BUT IN TERMS OF PROCUREMENT, THE JURISDICTION IS OVER THE

CONTRACTOR. BUT, YEAH, TO YOUR POINT, YEAH, A -- A CONTRACTOR IN ANY ONE

OF OUR DISTRICTS COULD BE SUBJECT TO THIS, WHICH IS, YOU KNOW, WHY WE

PUT A LOT OF THE PROVISIONS IN HERE THAT I THINK WOULD BE ASSISTED BY

THEM. BUT I -- I WOULD ALSO BE REMISS TO NOT SAY THAT THERE -- BECAUSE A

LOT OF COMPANIES, NEW YORK-BASED COMPANIES IN -- IN DISTRICTS AROUND

THE STATE THAT COULD BENEFIT FROM THIS BECAUSE THEY'LL NOW HAVE A -- A

BID PREFERENCE, AND I THINK WE'VE -- WE'VE DONE THAT IN A LOT OF WAYS

AND I THINK IT'S A -- A GOAL WE SHOULD HAVE, IS TO BRING BUSINESS BACK

HOME.

MR. RA: OKAY. SO TALKING ABOUT THE -- THE SUPPLY

CHAIN TRANSPARENCY ASSISTANCE PROGRAM. SO THIS IS -- THIS WOULD

ASSIST, RIGHT, SMALL BUSINESSES AND MEDIUM-SIZED BUSINESSES, CORRECT?

MR. ZEBROWSKI: CORRECT.

MR. RA: NOW, WHAT -- I KNOW THAT THESE ARE DEFINED

IN OTHER AREAS OF -- OF THE LAW, BUT HOW DOES THIS COMPARE TO THE

OVERALL UNIVERSE THAT IS IMPACTED ON THIS BILL? I KNOW (INAUDIBLE) THESE

I THINK ARE GENERALLY BASED ON SIZE IN TERMS OF EMPLOYEES, BUT THE

PARAMETERS OF THE BILL I THINK RELATE IN SOME WAYS TO REVENUE OR -- OR

THE AMOUNT OF BUSINESS AN ENTITY MIGHT DO?

MR. ZEBROWSKI: YEAH, THE LARGE BUSINESS IS

NYS ASSEMBLY MAY 13, 2024

SOMEBODY I THINK WITH OVER $100 MILLION IN -- IN REVENUE, AND THE

MEDIUM-SIZED BUSINESS IS ONE WITH BETWEEN 100 AND 500 EMPLOYEES.

SO YOU'RE CORRECT IN THAT THE BILL DOES HAVE BOTH DEFINITIONS THERE

BETWEEN REVENUE AND -- AND NUMBER OF EMPLOYEES.

MR. RA: SO, NOW, THIS PROGRAM ESSENTIALLY IS

DESIGNED THAT THESE SMALL- AND MEDIUM-SIZED BUSINESSES WOULD HAVE, I

GUESS, SOME AVENUE TO GET INFORMATION OR ASSISTANCE IN TERMS OF BEST

PRACTICES YOU MENTIONED OR -- OR PERHAPS EVEN, YOU KNOW, WHERE TO

PROPERLY SOURCE MATERIALS SO THAT THEY ARE IN COMPLIANCE WITH THE

PROVISIONS, CORRECT, AND THEN IN TURN WOULD BE ABLE TO BID FOR STATE

CONTRACTS.

MR. ZEBROWSKI: RIGHT. THE DEPARTMENT IS SORT

OF TASKED WITH DEVELOPING THIS SORT OF TRANSPARENCY. IT -- IT COULD BE

EVEN A LIST OF PRE-APPROVED SUPPLIERS AND -- AND THINGS LIKE THAT TO -- TO

HELP THEM HAVE THE INFORMATION NECESSARY TO DO THE CERTIFICATION. BUT I

DO ALSO WANT TO POINT OUT THAT IN THE BILL, SMALL- AND MEDIUM-SIZED

BUSINESSES HAVE LESS OF A STANDARD THAN THE LARGE BUSINESSES IN

COMPLYING WITH THE BILL.

MR. RA: OKAY. SO WHEN A -- A BUSINESS, OR A SMALL

BUSINESS, I SHOULD SAY, OR MEDIUM-SIZED BUSINESS UTILIZES THE

INFORMATION FROM -- FROM THE STATE, I GUESS I -- I MEAN, I ASSUME THEY

STILL HAVE SOME RESPONSIBILITY ON THEM, RIGHT? THEY'RE NOT JUST -- THE

STATE'S GONNA GIVE THEM ASSISTANCE IN COMPLYING, BUT THEY STILL AT THE

END OF THE DAY ARE THE ONE RESPONSIBLE FOR BEING IN COMPLIANCE WITH

THESE PROVISIONS, CORRECT?

NYS ASSEMBLY MAY 13, 2024

MR. ZEBROWSKI: YEAH, AT THE END OF THE DAY

THEY'RE CERTIFICATING THAT THEY -- FOR THE SMALL- AND MEDIUM-SIZED

BUSINESSES THAT TO THE BEST OF THE CONTRACTOR'S KNOWLEDGE, THE PRODUCT

FURNISHED TO THE STATE PURSUANT TO THE CONTRACT DOES NOT CONTAIN ANY OF

THE COMMODITIES THAT WERE EXTRACTED FROM -- I DON'T WANT TO READ THE

WHOLE BILL, BUT YOU KNOW, WHERE TROPICAL DEFORESTATION HAS OCCURRED --

HAS OCCURRED. SO THEY JUST NEED TO COMPLETE THE NECESSARY DUE

DILIGENCE MEASURES AND THEN CERTIFY THAT TO THE BEST OF THEIR KNOWLEDGE.

MR. RA: THANK YOU. SO AND I -- I GUESS -- SO UNDER

THAT STANDARD OF DUE DILIGENCE, I MEAN, IT IS MY ASSUMPTION AND HOPE

THAT IF THERE IS SOME SITUATION FURTHER UP THE SUPPLY CHAIN, SAY

SOMETHING TURNS OUT TO NOT BE COMING FROM WHERE THEY THOUGHT IT WAS,

THAT, YOU KNOW, THE VIABILITY FOR THAT VIOLATION WILL NOT FALL ON THAT

BUSINESS.

MR. ZEBROWSKI: CORRECT. CORRECT. THEY WOULD

-- THAT -- THAT WOULD COMPLY WITH DUE DILIGENCE AND THEY WOULD NOT BE

HELD LIABLE IN ANY WAY.

MR. RA: OKAY. THANK YOU. I JUST WANTED TO -- I

THINK THAT'S ALL I HAVE FOR YOU, MR. ZEBROWSKI.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. RA: THANK YOU. SO LAST YEAR WE DEBATED, AS I

SAID, A VERY SIMILAR BILL, THE GOVERNOR ULTIMATELY VETOED IT. THERE HAVE

BEEN SOME CHANGES MADE THAT IMPACT DIFFERENT AREAS; IN PARTICULAR WE

HAVE THESE EXEMPTIONS FOR THE MTA, FOR THE STATEN ISLAND FERRY, AND

NYS ASSEMBLY MAY 13, 2024

SOME ADDITIONAL WORK IN TERMS OF THE, I WOULD HOPE, THE ABILITY OF

SMALLER ENTITIES TO COMPLY. BUT, NUMBER ONE, I DON'T BELIEVE IN READING

THIS BILL THAT THE AMENDMENTS REALLY GET TO THE HEART OF THE GOVERNOR'S

CONCERNS, AND THE GOVERNOR WAS IN PARTICULAR, AS I SAID EARLIER,

CONCERNED WITH WHETHER THERE WERE PRACTICAL ALTERNATIVE MATERIALS TO --

TO MANY OF THESE MATERIALS, AND EVEN WHEN THERE MIGHT BE, HOW MUCH

THOSE MATERIALS ULTIMATELY COST. I THINK WE CAN ALL SHARE THIS GOAL THAT

THIS BILL SEEKS TO BRING TO OUR STATE CONTRACTORS, TO LOCAL CONTRACTING,

AND THAT'S, YOU KNOW, GETTING -- SUPPLYING LUMBER FROM OTHER MATERIALS

FROM -- FROM A SUSTAINABLE SOURCE AND DOING SO RESPONSIBLY. BUT AT THE

END OF THE DAY, IF THERE IS NOT A ALTERNATIVE, BECAUSE I THINK THERE'S TWO

PIECES TO HAVING A SUITABLE ALTERNATIVE; IT HAS TO BE ABLE TO DO THE JOB OF

WHATEVER, WHETHER IT'S, YOU KNOW, WHEN WE TALK ABOUT THIS MTA

EXEMPTION, RIGHT, THEY USE THESE RAILROAD TIES, WELL THEY NEED TO FIND A

RAILROAD TIE THAT'S NOT JUST THE SAME SIZE, THAT THEY JUST CAN'T ATTACH THE

TRACKS TO BUT IT HAS TO BE AS WEATHER-RESISTANT AND DURABLE SO THAT OVER

TIME IT DOESN'T ROT AND IT HAS THE LIFESPAN OF THE MATERIAL THEY WERE

USING PREVIOUSLY. AND IF THE SUITABLE ALTERNATIVE IS SOMETHING THAT,

SAY, IS MORE EXPENSIVE AND DOESN'T HAVE THE SAME LIFESPAN AND HAS TO

BE REPLACED MORE OFTEN, THAT'S GONNA BE A TREMENDOUS INCREASED COST TO

AN AGENCY LIKE THE MTA -- WHICH WE ALL KNOW IS WONDERFUL AT

CONTROLLING COSTS -- OR A STATE OR LOCAL GOVERNMENTAL ENTITY THAT HAS TO

DEAL WITH COMPLIANCE WITH THIS. AND AT THE END OF THE DAY, WE KNOW

WHAT HAPPENS IF A GOVERNMENT HAS INCREASED COSTS; THEY GET THEIR

MONEY FROM ONE VERY PARTICULAR SOURCE, AND THAT'S THE PEOPLE WE ALL

NYS ASSEMBLY MAY 13, 2024

REPRESENT. SO I THINK WE HAVE TO KEEP THAT IN MIND WITH REGARD TO THIS.

THE OTHER PIECE THAT THE GOVERNOR TALKED ABOUT IS OUR

SMALLER BUSINESSES AND MAKING SURE THEY HAVE THE OPPORTUNITY TO

CONTRACT WITH THE STATE. I THINK THIS PROGRAM, I HOPE, WILL GET UP AND

RUNNING IF THIS WERE TO BECOME LAW, THIS SUPPLY CHAIN TRANSPARENCY

ASSISTANCE PROGRAM, AND I THINK THAT'S A RECOGNITION OF THE FACT THAT OUR

SMALLER BUSINESSES WOULD HAVE A REALLY TOUGH TIME COMPLYING WITH THIS

OTHERWISE ON THEIR OWN. BECAUSE THEY HAVE TO BASICALLY SAY THAT SOME

MATERIAL THAT THEY'RE SOURCING FROM SOMEWHERE ELSE, THAT THEY DIDN'T

MANUFACTURE, THAT THEY DIDN'T GO INTO A FOREST AND CUT DOWN, THAT THEY

DIDN'T TURN INTO LUMBER, THAT IT COMPLIES WITH THESE SOURCING

REQUIREMENTS. SO I THINK THAT'S A RECOGNITION THAT THAT IS NOT AN EASY

THING FOR A SMALLER ENTITY TO DO, AND I HOPE THIS IS HELPFUL TO THEM. BUT

LET'S BE HONEST, SOMETIMES WE DO THESE TYPE OF THINGS AND, YOU KNOW,

THE REGULATORY SIDE OF IT AND THE PROGRAMS WE ASK TO BE SET UP DON'T

ALWAYS GET DONE IN, YOU KNOW, AN EXPEDITIOUS MANNER AND ALL OF A

SUDDEN YOU HAVE BUSINESSES THAT HAVE TO COMPLY WITH THIS AND MIGHT

NOT HAVE THAT FULL ASSISTANCE, ESPECIALLY WHEN YOU'RE TALKING ABOUT THE

WIDE BREADTH OF PRODUCTS THAT WE'RE TALKING ABOUT WITHIN THIS BILL.

SO I APPRECIATE THE AMENDMENTS THAT HAVE BEEN MADE,

I -- I -- I APPRECIATE THE LOOK AT, IN PARTICULAR, THE THIRD-PARTY

CERTIFICATION PROCESS BECAUSE I THINK THERE ARE OBVIOUSLY ENTITIES HERE

AND INTERNATIONALLY THAT ARE RELIED UPON AS, YOU KNOW, A CERTIFICATION

AND WE SEE THIS IN SO MANY DIFFERENT AREAS, RIGHT? THAT WE KNOW A

CERTAIN ENTITY HAS AN EXPERTISE, THAT THEY CAN SAY THAT THIS HAS BEEN

NYS ASSEMBLY MAY 13, 2024

DONE THE RIGHT WAY. SO I APPRECIATE THAT THAT PROHIBITION IS NO LONGER

IN THIS BILL. BUT I HOPE THAT THERE WILL BE A VERY, VERY CONCERTED EFFORT

ON THE REGULATORY SIDE TO WORK WITH THE INDUSTRY TO NOT, YOU KNOW,

ARBITRARILY, YOU KNOW, SAY CERTAIN CERTIFICATIONS DON'T WORK WHEN, IN

FACT, THEY'RE -- THEY ARE, YOU KNOW, ENTITIES THAT HAVE BEEN INVOLVED IN

THIS BUSINESS A LONG TIME AND HAVE BEEN, YOU KNOW, ESSENTIALLY A SEAL

OF APPROVAL THAT SO MANY OF THESE MANUFACTURERS, SUPPLIERS HAVE RELIED

UPON OVER THE YEARS.

SO WITH THAT I -- I THINK, LIKE I SAID, THERE ARE SOME

IMPROVEMENTS. I -- I THINK THIS BILL STILL NEEDS SOME WORK AND THAT'S

WHY I'M GOING TO BE VOTING IN THE NEGATIVE. THANK YOU.

ACTING SPEAKER AUBRY: MR. PALMESANO.

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

SPONSOR YIELD FOR A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: YES.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. PALMESANO: THANK YOU, MR. ZEBROWSKI. I

KIND OF WANT TO GO AT THIS FROM A LITTLE DIFFERENT ANGLE IN A COUPLE

PLACES. BUT FIRST I WANT TO START WITH, YOU KNOW, WITH THE TITLE OF YOUR

BILL THAT YOU TALKED ABOUT, CREATING THE SUPPLY CHAIN TRANSPARENCY

ASSISTANCE PROGRAM, (INAUDIBLE) NEAR THE END OF THE BILL, PAGE 16. AND

THEN THE PURPOSE TO WHICH IS TO ENSURE COMPANIES, AS YOU SAY, THE

PURPOSE OF CONTRACTING WITH THE STATE ARE NOT CONTRIBUTING TO THE

NYS ASSEMBLY MAY 13, 2024

TROPICAL FOREST DEREG -- DEGRADATION OR TROPICAL DEFORESTATION. AND THEN

IT GOES ON TO SAY TO ASSIST SMALL BUSINESS IN ACHIEVING SUPPLY CHAINS

THAT ARE TRANSPARENT, TRACEABLE, ETHICAL AND SUSTAINABLE. THE -- THE --

OUT OF THOSE FOUR WORDS, THE TWO THAT STAND OUT TO ME ARE TRANSPARENT

AND ETHICAL. WOULDN'T YOU AGREE THAT ANY OF OUR SUPPLY CHAINS THAT

WE'RE OPERATING, WHETHER IT'S THIS OR SOMETHING ELSE, IT SHOULD BE -- WE

SHOULD BE TRANSPARENT WITH THE PUBLIC, TRANSPARENT WITH BUSINESSES AND

BE -- BE ACHIEVED IN AN ETHICAL WAY? WOULDN'T THAT BE THE -- THE PROPER

WAY TO DO THINGS, FROM THAT PERSPECTIVE?

MR. ZEBROWSKI: I THINK THAT'S FAIR TO SAY AS A

GENERAL GOAL.

MR. PALMESANO: THAT'S GOOD. SO WHEN YOU TALK

ABOUT THE SUPPLY CHAINS AND STUFF OF THAT NATURE, I MEAN, I KNOW WE'RE

TALKING ABOUT DEFORESTATION, BUT IF ANY OF THIS WOULD INVOLVE THE USE OF

CHILD LABOR, POLLUTING RIVERS, STREAMS AND WATER IN AFRICAN COUNTRIES,

WOULDN'T THAT BE PART OF THIS THAT WOULD KIND OF THROW UP A RED FLAG ON

THE SUPPLY CHAIN TRANSPARENCY, HAVING TO BE TRANSPARENT AND ETHICAL

WHEN THOSE TYPES OF THINGS THROW UP A RED FLAG? AND SHOULDN'T WE, IF

THOSE THINGS ARE A PART OF A PROBLEM, SHOULDN'T THAT BE THE -- SOMETHING

WE SHOULD ADDRESS IN OTHER INDUSTRIES JUST LIKE YOU'RE TRYING TO ADDRESS

IN THIS BILL?

MR. ZEBROWSKI: I CAN ONLY COMMENT SPECIFICALLY

ON THE PROVISIONS WE HAVE IN THIS BILL, BUT YOU'RE REFERRING TO THE -- THE

FIRST SECTION OF THE BILL. LATER ON, ON PAGE 11, IS WHERE WE GET INTO THE

-- THE HEART OF THOSE PROVISIONS. IT HAS TO DEAL WITH LARGE CONTRACTORS,

NYS ASSEMBLY MAY 13, 2024

AND THE PARTS DOWN DEALING WITH THOSE TYPE OF THINGS START AT ABOUT

LINE 32 AND IT TALKS ABOUT RESPECT FOR AND RECOGNITION OF THE RIGHTS OF ALL

WORKERS.

MR. PALMESANO: I'M GONNA GET TO PAGE 11 IN A

MINUTE.

MR. ZEBROWSKI: OKAY. SO THAT -- THAT'S WHERE --

THAT'S WHERE THE SPECIFIC LANGUAGE OF THE BILL IS.

MR. PALMESANO: GREAT. ON PAGE 10 I KNOW IT

TALKS ABOUT HOW IT REQUIRES EVERY CONTRACT ENTERED INTO THE STATE

AGENCY OR PUBLIC AUTHORITY, AND IT GOES ON TO SAY AND TO ENSURE THAT IT'S

NOT EXTRACTED FROM GROWN, DERIVED, HARVESTED, REARED OR PRODUCED ON

LAND WHERE TROPICAL DEFORESTATION OR TROPICAL PRIMARY [SIC] FOREST

DEGRADATION OCCURRED. SO IT WOULD ADDRESS TROPICAL DEFORESTATION, BUT

DOES THIS BILL -- AND I THINK I'M GONNA ANSWER IT -- THIS BILL DOES NOTHING

TO -- TO ADDRESS THE CLEAR-CUTTING OF TREES AND FORESTS HERE IN NEW YORK

STATE THAT ARE -- MIGHT BE BEING USED TO SITE WIND, SOLAR, POSSIBLE

BATTERY STORAGE OR TRANSMISSION. THIS BILL WOULD DO NOTHING TO AFFECT

THE CLEAR-CUTTING OF TREES AND FORESTLAND IN NEW YORK STATE TO ACHIEVE

THOSE GOALS OF WIND, SOLAR TRANSMISSION AND -- AND BATTERY STORAGE,

WHICH IS OBVIOUSLY A PUSH OF THE -- THE ENVIRONMENTAL AGENDA THAT THE

MAJORITY HAS ADVOCATED AND THIS IS PART OF THE EARTH DAY. SO THIS BILL

DOES NOTHING TO ADDRESS THOSE ISSUES, CORRECT?

MR. ZEBROWSKI: THOSE TOPICS ARE NOT CONTAINED

IN THIS BILL.

MR. PALMESANO: AND THIS BILL DOES NOTHING TO

NYS ASSEMBLY MAY 13, 2024

ADDRESS PRIME AGRICULTURAL LAND BEING TAKEN, WHETHER IT'S FOR SOME --

FOR -- FOR THESE TYPES OF PRODUCTS AS WELL, TOO, RIGHT?

MR. ZEBROWSKI: NO, THOSE TOPICS ARE NOT

ADDRESSED BY THIS BILL EITHER.

MR. PALMESANO: OKAY, GREAT.

LET'S TALK ABOUT PAGE 11 ON THE BILL. YOU MENTIONED

-- I KNOW THERE ARE SOME AREAS WHERE IT TALKS ABOUT THE, YOU KNOW,

MEASURES, I THINK, BEING TAKEN TO PREVENT EXPLOITATION AND REDRESS

GRIEVANCES OF WORKERS AND LOCAL COMMUNITIES, INCLUDING THE RESPECT

FOR AND RECOGNITION OF THE RIGHTS OF ALL WORKERS INCLUDING CONTRACT,

TEMPORARY AND MIGRANT WORKERS. RESPECT FOR AND RECOGNITION OF LAND

TENURED RIGHTS IN COMMUNITIES. WHAT -- SO WORKERS -- THIS IMPACTS

WORKERS WORKING IN THE FOREST?

MR. ZEBROWSKI: IT COULD. YEAH, THERE'S SEVERAL

SECTIONS THERE, AND SO IT STARTS OFF WITH JUST A CERTIFICATION OF THE

MEASURES THAT WERE TAKEN TO PREVENT THE EXPLOITATION, AND THEN THE

LANGUAGE YOU'RE TALKING ABOUT IS IN THE INCLUDING COLON LANGUAGE. SO

THERE'S A BUNCH OF THINGS THERE, RIGHT. IT COULD BE WORKERS THAT ARE --

THAT ARE WORKING THERE, IT COULD BE FOLKS THAT HAVE A -- THAT HAVE

OWNERSHIP OVER THE LAND AND -- AND SUCH. SO THERE'S, YOU KNOW,

SEVERAL SORT OF THINGS THAT HAVE HAPPENED IN THE -- IN THESE

COMMUNITIES, AND IT ATTEMPTS TO ENSURE THAT IN ADDITION TO DEFORESTATION

THAT THIS IS UNDERSTOOD AS -- AS WELL IN THAT CERTIFICATION PROCESS, THAT

THIS IS SOMETHING WE SHOULDN'T BE CONTRACTING FOR.

MR. PALMESANO: AND ON THE AREA WHEN YOU TALK

NYS ASSEMBLY MAY 13, 2024

ABOUT WORKERS, WHAT ABOUT IF THERE'S ANY -- ANY DOCUMENTATION OF CHILD

WORKERS WORKING IN THIS INDUSTRY? WOULD THAT BE SOMETHING THAT

WOULD THROW UP A RED FLAG AND PUT A PAUSE AND A HALT TO THIS AS WELL?

MR. ZEBROWSKI: YOU KNOW, CHILD WORKERS ARE

NOT ADDRESSED IN THE BILL, BUT I THINK IN THE REGULATORY PROCESS, CHILD

LABOR COULD PART OF THAT. CERTAINLY, RESPECT FOR AND RECOGNITION OF THE

RIGHTS OF ALL WORKERS, I WOULD SUGGEST THAT, YOU KNOW, CHILD LABOR

COULD BE PART OF THAT.

MR. PALMESANO: OKAY. AND WHEN YOU TALK

ABOUT THE RECOGNITION OF LAND TENURE RIGHTS IN COMMUNITIES, IT WOULD BE

THE RIGHTS OF THESE COMMUNITIES WHERE THE DEFORESTATION IS GOING ON,

RIGHT, BUT IT WOULDN'T IMPACT ANY LANDS IN NEW YORK THAT ARE DOING

DEFORESTATION AND -- AND -- AND CLEAR-CUTTING, CORRECT?

MR. ZEBROWSKI: THE BILL DOES NOT ADDRESS THOSE

TOPICS HERE IN NEW YORK.

MR. PALMESANO: OKAY.

LET'S GO TO -- EXCUSE ME -- PAGE 14 WHEN YOU LIST THE

MATERIALS AND THE ELEMENTS THAT WOULD BE ON A LIST. BECAUSE OGS IS

GONNA BE TASKED WITH PUTTING TOGETHER A LIST, IS THAT CORRECT, OF PRODUCTS

THAT THROW UP A RED FLAG AND WE'RE GONNA LOOK AT IT CLOSELY. AND IF

THEY'RE USING THOSE TYPES OF PRODUCTS, THAT SHOULD THROW UP A RED FLAG

AS FAR AS MOVING FORWARD WITH THIS TYPE OF THING. IS THAT -- WOULD THAT

BE ACCURATE?

MR. ZEBROWSKI: I'M SORRY, I DON'T KNOW THAT I -- I

TOTALLY HEARD THE QUESTION.

NYS ASSEMBLY MAY 13, 2024

MR. PALMESANO: LET -- LET ME TRY TO REPHRASE IT.

PAGE 14 OF THE BILL TALKS ABOUT COMMODITIES AND THE OGS SHALL LIST THE

IMPACT OF THE COMMODITIES, AND IT TALKS ABOUT RUBBER, BANANAS, CORN,

SUGARCANE, LEATHER. AND THEN IT GETS INTO MINING PRODUCTS SUCH AS

PETROLEUM, COAL, IRON, COPPER, GOLD AND THOSE TYPES OF ELEMENTS. SO

THAT WOULD BE -- AND IF ANYTHING'S USING THOSE TYPES OF ELEMENTS, THAT

WOULD THROW UP A RED FLAG. WE'RE TRYING TO PREVENT THE USE OF THOSE

ELEMENTS FOR -- FOR THIS TYPE OF PRODUCTION, CORRECT, OR AM I WRONG?

MR. ZEBROWSKI: SO THE BILL GIVES THOSE AS

EXAMPLES OF THE THINGS THAT SHOULD BE IN THE FIRST REVIEW THAT THE

COMMISSIONER DOES AS TO WHETHER ADDITIONAL PRODUCTS SHOULD BE

ADDED.

MR. PALMESANO: WOULD YOU AGREE THAT MAYBE

COBALT AND LITHIUM SHOULD BE ADDED TO THIS, SINCE WE KNOW IT'S

WELL-DOCUMENTED COBALT AND LITHIUM ARE USED TO PRODUCE ANOTHER AREA

OF ENVIRONMENTAL ADDRESS THAT YOUR -- YOUR SIDE OF THE AISLE IS TRYING TO

ADDRESS WITH THE PROLIFERATION OF MANDATED ELECTRIC VEHICLES?

SHOULDN'T COBALT AND LITHIUM BE ON THAT LIST AS WELL?

MR. ZEBROWSKI: IF COBALT AND LITHIUM ARE TIED TO

DEFORESTATION, THEN THE COMMISSIONER COULD CONSIDER THOSE.

MR. PALMESANO: OKAY, SO I KNOW WITH DEFOREST

-- AND I KNOW I'M MAYBE GETTING OFF TOPIC, BUT IT IS PART OF AN

ENVIRONMENTAL AGENDA AND THIS BILL IS ABOUT AN ENVIRONMENTAL AGENDA.

WHAT I'M TALKING ABOUT IS PART OF AN ENVIRONMENTAL AGENDA, THE USE OF

COBALT AND LITHIUM USED TO PRODUCE BATTERIES TO POWER ELECTRIC VEHICLES,

NYS ASSEMBLY MAY 13, 2024

WHICH IS PART OF THE CLCPA AND EARTH DAY AND EVERYTHING. SO

SHOULDN'T THAT -- IF THAT'S THE CASE THAT WE KNOW THAT'S A PRODUCT -- WE

KNOW COBALT AND LITHIUM ARE BEING USED -- USED TO -- WITH CHILD LABOR

AND THAT THE USE OF LITHIUM IS POISONING WATER, RIVER AND STREAMS IN

OTHER COUNTRIES, AFRICAN COUNTRIES. SHOULDN'T THAT BE ON A LIST TO THE

OGS? WOULDN'T YOU RECOMMEND THAT SHOULD BE ON A LIST THE

COMMISSIONER SHOULD USE ON THOSE TYPES OF MATERIALS FOR EVS?

MR. ZEBROWSKI: I CERTAINLY RESPECT THE

ARGUMENTS THAT YOU HAVE MADE IN THAT ARENA, AND -- AND -- WITH COBALT

AND LITHIUM. I CAN'T PERSONALLY SPEAK TO WHETHER OR NOT COBALT AND

LITHIUM HAS CONTRIBUTED TO DEFORESTATION, BUT YOU COULD CERTAINLY

INTERACT WITH THE COMMISSIONER IF YOU WANT THOSE TO BE REVIEWED. BUT

I'M NOT GONNA BE ABLE TO ANSWER IT IN A WAY, I -- YOU KNOW, YOU

CERTAINLY HAVE THE ABILITY TO MAKE THAT -- THOSE ARGUMENTS HERE ON THE

FLOOR, BUT I'M NOT GONNA BE ABLE TO MAKE THEM FOR YOU OR ANSWER THAT.

MR. PALMESANO: I UNDERSTAND. THANK YOU, MR.

ZEBROWSKI, FOR YOUR TIME. I APPRECIATE IT.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. PALMESANO: YES, I APPRECIATE THE SPONSOR

AND WHAT HE'S TRYING TO DO WITH THE LEGISLATION. I APPRECIATE THAT THE

DIALOGUE AND THE CONVERSATION WAS WHAT I WAS TRYING TO GET AT WITH THE

BILL, AND I WILL PROBABLY ADDRESS HERE IN MY REMAINING TIME. CERTAINLY,

A SUPPLY TRAIN TRANSPARENCY ASSISTANCE PROGRAM THAT FOCUSES ON

TRANSPARENCY, ETHICAL MEANS OF SECURING THOSE PRODUCTS SHOULD BE OF

NYS ASSEMBLY MAY 13, 2024

PARAMOUNT NOT JUST FOR DEFORESTATION. THERE'S ANOTHER ISSUE THAT WE

TALKED ABOUT ON THIS FLOOR, THAT I'VE TALKED ABOUT AND I'M GONNA TALK

ABOUT AGAIN NOW IN THE TIME I'M REMAINING, IS WE KNOW THE -- THE

MANDATE FOR ELECTRIC VEHICLES IS COMING IN 2035. WE KNOW THAT THE

MANDATE FOR OUR ELECTRIC SCHOOL BUSES, WHICH IS SCARING OUR SCHOOL

DISTRICTS TO DEATH, BY THE WAY, BECAUSE THE MONEY'S NOT THERE, THE -- THE

-- THE CHARGING STRUCTURE, THE INFRASTRUCTURE, THE CHARGES TO BRING THE

POWER IN. BUT ALSO, HOW IRONIC THOSE BATTERIES THAT ARE PRODUCED THAT

ARE -- THAT YOU WANT OUR KIDS TO RIDE ON ARE -- THOSE BATTERIES ARE BEING

PRODUCED AT THE HAND OF CHILD LABOR. HOW IRONIC IS THAT?

SO I THINK TRANSPARENT AND ETHICAL SUPPLY CHAINS IS

IMPORTANT. WHEN WE TALKED ABOUT THE PROVISIONS OF THE BILL THAT

REQUIRE STATE AGENCIES TO LOOK AT THE IMPLICATIONS OF TROPICAL PRIMARY

RAINFORESTS OR DEGRADATION AND TROPICAL DEFORESTATION, THAT'S GREAT FOR

THOSE COUNTRIES ON THAT FRONT. BUT, YOU KNOW, WITH WHAT WE'RE SEEING

IN NEW YORK THERE'S NO STOPPING OF CLEAR-CUTTING OF TREES HERE IN NEW

YORK STATE OR FORESTLAND IN NEW YORK STATE SO THEY CAN SITE SOLAR AND

WIND AND POSSIBLY TRANSMISSION NOW, AND BATTERY STORAGE ON OR OFF

STATE LANDS. NO PREVENTION FROM THE STOP PRIME FARMLAND FROM BEING

TAKEN, THEY'D BE UTILIZED FOR THIS. THE BILL, WHICH TALKS ABOUT -- AND I

THINK RIGHTFULLY SO, WE SHOULD BE TALKING ABOUT THIS NOT JUST WITH

TROPICAL RAINFORESTS AND -- WE SHOULD BE TALKING ABOUT IN ANY POLICIES --

AND AGAIN, I WILL GET BACK TO THE ENERGY POLICY, THE CLIMATE AGENDA

THAT'S BEING ADVANCED, WHEN IT TALKS ABOUT THE RIGHTS OF WORKERS

WORKING IN THIS INDUSTRY. WELL, THE FACT OF THE MATTER, AS YOU KNOW,

NYS ASSEMBLY MAY 13, 2024

COBALT, 70 PERCENT OF THE COBALT IS EXTRACTED IN THE DEMOCRATIC

REPUBLIC OF THE CONGO, AND THE FACT OF THE MATTER IS YOU KNOW IT'S

WELL-DOCUMENTED THAT SOME 35- TO 40,000 CHILDREN ARE MINE -- HAND

MINING IN THESE ARTISAN [SIC] MINES TO -- TO EXTRACT THE COBALT USED TO

PRODUCE THE LITHIUM-ION BATTERIES TO POWER THE ELECTRIC VEHICLES TO

MEET THE GREEN -- SO-CALLED GREEN CLEAN AGENDA. I'M NOT GONNA -- IT'S

NOT GREEN AND CLEAN, BUT THAT'S WHAT YOU CALL IT. SO WE'RE NOT TALKING

ABOUT THE RIGHTS OF THOSE CHILDREN WHO ARE GOING INTO THOSE MINES,

ARTISAN [SIC] MINES, WORKING FOR A DOLLAR A DAY. IT'S LIKE IF IT'S NOT

HAPPENING IN NEW YORK IT'S OKAY, AS LONG AS IT HELPS US MEET OUR GOALS.

AND THE SAME THING WITH LITHIUM. WE'RE POISONING WATER, RIVER AND

STREAMS AND AFRICAN COUNTRIES ARE BEING POLLUTED AND POISONED,

MINING FOR LITHIUM. BECAUSE THIS BILL TALKS ABOUT MINING AS WELL, BUT

YET THAT'S NOT ADDRESSED.

AND WE TALK ABOUT LAND TENURE RIGHTS. I MEAN, WE SEE

IT OVER AND OVER AGAIN, WHAT'S HAPPENING WITH THE SO-CALLED GREEN

CLEAN AGENDA IS A TOTAL USURP -- USURPING OF LOCAL CONTROL, LOCAL

DECISION-MAKING RELATIVE TO SITING A WIND AND SOLAR. AND NOW IN THE

BUDGET WE PASSED THE RAPID ACT, IT'S GONNA EXTEND THE TRANSMISSION

AND ALSO BATTERY STORAGE. EVEN THE FACT THAT LAST YEAR WE HAD THREE

BATTERY STORAGE FIRES IN NEW YORK STATE. SO THAT'S ANOTHER AREA. WE'RE

TALKING ABOUT RIGHTS OF WORKERS AND LAND USE, BUT YET, CHILD LABOR

DOESN'T RAISE TO THE LEVEL OF ALARM AS THIS BILL IS TALKING ABOUT, AND

NEITHER DOES LAND USE HERE IN NEW YORK STATE AND THAT'S BEING TAKEN

THERE. AND THEN OF COURSE WE HAVE A LIST OF MATERIALS THAT SHOULD BE

NYS ASSEMBLY MAY 13, 2024

LOOKED AT AND BE NOT USED AS PART OF THIS PROCESS FOR -- FOR THE TROPICAL

RAINFORESTS, AND I UNDERSTAND THAT. THEY HAVE A WHOLE LIST OF AREAS.

AND THEN THERE'S MINING PRODUCTS, THEY SAY WE -- WE WANT TO ADDRESS

THE PRODUCTS OF MINING; PETROLEUM, COPPER, IRON, COAL, TIN, DIAMONDS.

NO COBALT AND LITHIUM, AND WHY NOT? WELL, YOU DON'T WANT TO BE PUT

COBALT AND LITHIUM IN, I THINK, BECAUSE THEN YOU CAN'T MOVE FORWARD

WITH PRODUCING YOUR ELECTRIC VEHICLES BECAUSE IT REQUIRES THE COBALT

AND IT REQUIRES THE LITHIUM TO PRODUCE THE LITHIUM-ION BATTERY TO POWER

THE ELECTRIC VEHICLES, TO POWER THE ELECTRIC SCHOOL BUSES THAT YOU'RE

MANDATING ON OUR SCHOOL DISTRICTS BEGINNING IN 2027. REGARDLESS OF

WHERE THAT MATERIAL COMES FROM, THE FACT THAT YOU KNOW CHILD LABOR IS

BEING USED TO PRODUCE THAT, THE COBALT, TO EXTRACT THE COBALT, IT'S BEING

PRODUCED IN CHINA USING COAL ENERGY, BY THE WAY. AND BESIDES THE

FACT THAT LITHIUM IS POISONING WATER, RIVER AND STREAMS IN AFRICAN

COUNTRIES SO WE CAN MEET OUR SO-CALLED CLEAN ENERGY GOALS, IT'S JUST

IRONIC WHEN YOU LOOK AT THIS BILL, YOU KNOW, ALL THE PARAMETERS ARE

THINGS WE'VE BEEN TALKING ABOUT WE SHOULD BE GOING RELATIVE TO THE

SO-CALLED CLEAN GREEN AGENDA. THERE ARE NO LAND PROTECTIONS FOR

UPSTATE NEW YORK LAND WHICH IS WHERE THE PRIMARY OF THE LAND IS

BEING TAKEN TO CLEAR-CUT TREES AND FORESTS TO SITE WIND AND SOLAR.

THERE'S NO PROTECTION FOR PRIME FARMLAND THAT'S BEING TAKEN AWAY. WE

SEE IT TIME AND TIME AGAIN -- WE DON'T HAVE TO TALK ABOUT THE COST -- BUT

CHILD LABOR, POISONING WATER, RIVER AND STREAMS IN OTHER COUNTRIES, IT'S

LIKE IT'S OKAY IF CHILD -- IF THE CHILD LABOR WAS BEING DOCUMENTED HERE

IN NEW YORK, OR WATER, RIVER AND STREAMS WERE BEING PRODUCED [SIC]

NYS ASSEMBLY MAY 13, 2024

HERE, IT -- OR BEING POISONED HERE, NO ONE WOULD STAND FOR THAT. BUT

BECAUSE IT'S HAPPENING IN OTHER COUNTRIES FAR, FAR AWAY WE CAN TURN OUR

HEAD. I'M NOT SAYING YOU DON'T CARE, BUT THE FACT OF THE MATTER IS THE

POLICIES YOU CONTINUE TO ADVOCATE CONTINUE TO IGNORE THIS MAJOR ISSUE.

I KNOW YOU DON'T LIKE WHEN WE TALK ABOUT IT, I'M GONNA CONTINUE TO TALK

ABOUT IT WHETHER YOU LIKE IT OR NOT BECAUSE IT'S REAL, IT'S HAPPENING.

CHILDREN ARE DYING, BEING MAIMED TO PRODUCE THE BATTERY -- THE COBALT

TO POWER THE ELECTRIC VEHICLES, AND WATER, RIVER AND STREAMS ARE BEING

POINTED [SIC] USING -- EXTRACTING FOR LITHIUM.

THEREFORE, AND OTHER REASONS, MR. SPEAKER, I AM

SITTING DOWN AND I'M GONNA VOTE NO.

ACTING SPEAKER AUBRY: MR. GOODELL.

MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI?

MR. ZEBROWSKI: YES.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI

YIELDS.

MR. GOODELL: THANK YOU, MR. ZEBROWSKI. I -- I

HAD A COUPLE OF QUESTIONS. FIRST, ON THE SCOPE THIS BILL WOULD APPLY NOT

ONLY TO THE STATE OF NEW YORK, BUT TO EVERY MUNICIPALITY AND PUBLIC

BENEFIT CORPORATION?

MR. ZEBROWSKI: MUNICIPALITIES JUST FOR THE LIST OF

TROPICAL HARDWOODS. THE PURCHASING AND THE COMMODITIES ARE JUST TO

THE STATE.

NYS ASSEMBLY MAY 13, 2024

MR. GOODELL: BUT IT WOULD APPLY TO EVERY

VILLAGE, TOWN, IDA, FOR EXAMPLE, COUNTIES, RIGHT, AS WELL AS THE STATE OF

NEW YORK?

MR. ZEBROWSKI: SO THE EXISTING BAN ON TROPICAL

-- TROPICAL HARDWOODS INCLUDE ALL THOSE MUNICIPALITIES. SO WE ADD

TROPICAL HARDWOODS TO THAT LIST. THAT'S ALL THAT WOULD STILL AFFECT

MUNICIPALITIES.

MR. GOODELL: I SEE. AND DOES THIS ALSO APPLY TO

THE COURT SYSTEM?

(PAUSE)

MR. ZEBROWSKI: YES.

MR. GOODELL: NOW, I NOTE THAT IN THIS DRAFT, YOU

LIST A NUMBER OF SPECIES. IN FACT, I THINK IT WAS ABOUT 282 DIFFERENT

SPECIES THAT WOULD BE BANNED UNDER THIS ACT; IS THAT CORRECT?

MR. ZEBROWSKI: I DIDN'T COUNT THEM, BUT THAT

SOUNDS LIKE A FAIR ESTIMATE.

MR. GOODELL: AND THAT WOULD INCLUDE ALL

MAHOGANY; IS THAT CORRECT?

MR. ZEBROWSKI: YES, SEVERAL DIFFERENT TYPES OF

MAHOGANY. IT LOOKS TO ME LIKE IT WOULD BE ALL, BUT PERHAPS THERE'S

ANOTHER MAHOGANY NOT THERE.

MR. GOODELL: NOW, I -- I DON'T KNOW IF YOU WERE

AWARE OF THIS, BUT THE REPUBLICAN MINORITY, OUR DESKS ARE

HAND-ME-DOWN OAK DESKS THAT WE GOT FROM THE MAJORITY WHEN THEY

REPLACED ALL THEIR DESKS WITH NEW MAHOGANY DESKS. BUT THIS BILL WOULD

NYS ASSEMBLY MAY 13, 2024

PREVENT THE MAJORITY FROM BUYING ANY NEW MAHOGANY DESKS; IS THAT

CORRECT?

MR. ZEBROWSKI: WE REPLACED OUR DESKS?

MR. GOODELL: OH, YEAH. PROBABLY BEFORE YOUR

TIME, BUT STILL, YES.

MR. ZEBROWSKI: WELL, I MEAN, I -- I'M NOT

KIDDING, I THINK THAT'S NEWS TO ME. I MEAN, MINE ARE THE SAME OAK

DESKS I SEE IN EVERYBODY'S MEMBER -- MEMBER'S DESK.

MR. GOODELL: WELL, I HAVE TO SHOW --

MR. ZEBROWSKI: I THINK SOME OF --

MR. GOODELL: -- YOU SOME OF THE OTHER OFFICES.

MR. ZEBROWSKI: IT SEEMS LIKE THERE'S A DARKER

TABLE IN THE COMMITTEE ROOMS, BUT I THINK THE SENATE GOT NICE DARK-

WOODED DESKS.

MR. GOODELL: MAYBE YOU AND I WERE THE ONES

THAT GOT THE OAK. BUT IT WOULD BAN, CERTAINLY, ALL MAHOGANY FURNITURE

WHICH WOULD INCLUDE CONFERENCE TABLES, WOOD CHAIRS THAT USE

MAHOGANY OR ANY OF THOSE WOODS, CORRECT?

MR. ZEBROWSKI: YES.

MR. GOODELL: NOW, THERE'S SOME INTERESTING

LANGUAGE IN THIS I HOPE YOU COULD CLARIFY. ON ONE HAND -- I'M LOOKING

AT PAGE 6, LINE 50 AND 51-- YOU EXPRESSLY INCLUDE HUMAN-MANAGED

TROPICAL FOREST AS BEING WITHIN THE SCOPE OF THE PROHIBITION. BUT THEN

ON THE NEXT PAGE, AT THE TOP OF THE NEXT PAGE YOU EXCLUDE TREE

PLANTATIONS OF ANY TYPE. WHAT IS THE DIFFERENCE, AND HOW DO YOU

NYS ASSEMBLY MAY 13, 2024

DISTINGUISH BETWEEN HUMAN-MANAGED TROPICAL FOREST AND TREE

PLANTATION?

MR. ZEBROWSKI: I APOLOGIZE, MR. GOODELL,

BECAUSE I WAS STILL THINKING ABOUT MAHOGANY WHEN YOU ASKED THE

QUESTION. BUT --

MR. GOODELL: NO DOUBT, IT'S A BEAUTIFUL WOOD.

MR. ZEBROWSKI: NO, I -- I KNOW. BUT MAHOGANY

WAS ALREADY ON THE LIST IS WHERE MY BRAIN WAS GOING. IT SAID AFRICA

MAHOGANY AND AMERICAN, BUT I ASSUME IT WAS ABBREVIATED. MAHOGANY

WAS ON THE LIST BEFORE, SO WE DO ADD TO IT BUT MAHOGANY WAS ALREADY ON

THAT LIST PREVIOUSLY IN THOSE GRADES. BUT SORRY. SO COULD YOU GO BACK

TO THE QUESTION?

MR. GOODELL: CERTAINLY. SO ON THE BOTTOM OF

PAGE 6 YOU EXPRESSLY EXCLUDE WOOD FROM HUMAN-MANAGED TROPICAL

FORESTS, BUT THEN AT THE TOP OF PAGE 7 --

MR. ZEBROWSKI: SORRY, I -- JUST BECAUSE OF THE

BACKGROUND NOISE I -- I MISSED IT AGAIN. SORRY.

MR. GOODELL: I'LL TRY SPEAKING SLOWER. ON THE

BOTTOM OF PAGE 6, YOU EXPRESSLY INCLUDE HUMAN-MANAGED TROPICAL

FOREST AS BEING WITHIN THE PROHIBITION, YET ON THE NEXT PAGE YOU

EXPRESSLY EXCLUDE TREE PLANTATIONS. WHY THE DISTINCTION?

(PAUSE)

MR. ZEBROWSKI: SO THE HUMAN -- NOW I LOST IT

AGAIN -- THE HUMAN -- HUMAN-MANAGED TROPICAL FOREST IS A MUCH

BROADER TERM THAT COULD INVOLVE SORT OF THE OLD GROWTH -- IS THAT THE FAIR

NYS ASSEMBLY MAY 13, 2024

WAY TO PUT IT -- OLD GROWTH SORT OF FOREST WHERE THE -- THE TREE

PLANTATIONS IS MUCH MORE NARROW AND DOESN'T INCLUDE GENERALLY WHAT

WE'RE TRYING TO GET AT.

MR. GOODELL: THANK YOU, I THINK, FOR THAT

CLARIFICATION.

WHAT IS THE ENFORCEMENT MECHANISM?

MR. ZEBROWSKI: WELL, IF -- ON THE CONTRACTORS?

MR. GOODELL: YES, OR ON THE MUNICIPALITIES THAT

WANT TO BUY A MAHOGANY CONFERENCE TABLE.

MR. ZEBROWSKI: LET ME START WITH THE, YOU KNOW,

THE CONTRACTORS IN THIS. THERE'S NOTICE OF VIOLATION, THE CONTRACT WOULD

BE VOIDED, OR THERE COULD BE A FINE OF $1,000 OR THE 20 PERCENT OF THE

PRODUCT. IN TERMS OF THE MUNICIPALITIES --

(PAUSE)

-- WE DON'T CHANGE ANYTHING FROM WAS PREVIOUS THERE.

IF THE STATE LAW SAYS THEY CAN'T DO IT --

(PAUSE)

-- YEAH, SO WHETHER OR NOT IT'S THE ATTORNEY GENERAL OR

IT COULD OPEN THEMSELVES UP TO ADDITIONAL TYPES OF ENFORCEMENT. I'D

HAVE TO GET BACK TO YOU ON THAT. WE DON'T CHANGE ANYTHING THAN WHAT

IS IN EXISTING LAW WITH THE MUNICIPALITIES.

MR. GOODELL: SO JUST AS AN EXAMPLE, IF THE COURT

OF APPEALS WANTS TO HAVE A BEAUTIFUL MAHOGANY DESK AND THEY SPECK'D

MAHOGANY, IT'S ILLEGAL FOR A CONTRACTOR TO COMPLY WITH THAT SPEC BUT

THERE'S NO SANCTION ON THE COURT OF APPEALS -- JUST USING THEM AS AN

NYS ASSEMBLY MAY 13, 2024

EXAMPLE -- FOR SPECCING A HIGH-QUALITY MAHOGANY DESK?

MR. ZEBROWSKI: WELL, ONCE AGAIN TO YOUR

EXAMPLE, THEY WERE ALREADY BANNED --

MR. GOODELL: (INAUDIBLE/CROSSTALK).

MR. ZEBROWSKI: WHAT'S THAT?

MR. GOODELL: I DIDN'T MEAN TO PICK ON THEM, BUT I

HAVE NOTICED THAT ALL THE FURNITURE THAT I'VE SEEN IN ANY COURTROOM TENDS

TO BE HIGH-END WOOD AMONGST THE 182 SPECIES THAT HAVE BEEN LISTED

HERE.

MR. ZEBROWSKI: SO I WOULD POINT OUT ALREADY

THAT MAHOGANY WAS ALREADY ON THE LIST OF BANNED. THERE ARE ADDITIONAL

MAHOGANIES, SO MAYBE THEY WERE USING ONE OF THOSE OTHERS OR MAYBE IT

PREDATES THE EXISTING BAN OR MAYBE IT'S ANOTHER WOOD THAT LOOKS LIKE

MAHOGANY THAT'S NOT MAHOGANY. OR MAYBE IT'S A RECYCLED WOOD.

MR. GOODELL: WE CAN ONLY HOPE. WITH REGARD TO

THE EXISTING BAN WHICH YOU'VE REPEATEDLY MENTIONED, HOW MANY

MUNICIPALITIES HAVE BEEN CITED FOR VIOLATING THE EXISTING BAN?

MR. ZEBROWSKI: I -- I DON'T KNOW OF ANY.

MR. GOODELL: AND DO WE KNOW OF ANY JUDGES OR

COURTS OR MEMBERS OF THE JUDICIARY THAT HAVE BEEN CITED FOR VIOLATING

THE CURRENT BAN?

MR. ZEBROWSKI: I DON'T KNOW OF ANY.

MR. GOODELL: DO WE KNOW OF ANY CONTRACTORS

THAT HAVE BEEN FINED OR SANCTIONED UNDER THE EXISTING BAN?

(PAUSE)

NYS ASSEMBLY MAY 13, 2024

MR. ZEBROWSKI: I'D HAVE TO GET BACK TO YOU AND

MAYBE TALK TO THE AG OR OGS ON -- ON WHAT VIOLATIONS THERE HAVE BEEN

IN THE PAST.

MR. GOODELL: I SEE. THANK YOU VERY MUCH. I

ALWAYS APPRECIATE YOUR COMMENTS. THANK YOU, MR. ZEBROWSKI.

MR. ZEBROWSKI: THANK YOU.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. GOODELL: I APPRECIATE MY COLLEAGUE'S DESIRE

TO PROTECT THE -- THE RAINFORESTS IN OTHER COUNTRIES AND SOUTH AMERICA

AND AFRICA BY BANNING 280-SOME SPECIES OF WOOD, ALL OF WHICH YOU

CAN SEE IN THIS ROOM IF YOU WOULD LIKE TO LOOK AROUND, BECAUSE IT

INCLUDES MANY OF THE MOST POPULAR WOODS USED IN FURNITURE, LIKE

MAHOGANY, BRAZILIAN CHERRY -- A GORGEOUS WOOD -- TEAK, USED IN ALL OF

OUR SHIP BUILDING OR BOAT BUILDING FOR EXTERIOR WOOD. IT'S INTERESTING

THAT WE IMPOSE THIS MANDATE ON ALL LOCAL GOVERNMENTS WITHOUT ASKING

THEM HOW THEY FEEL ABOUT BUYING ATTRACTIVE FURNITURE. EVERY TOWN,

VILLAGE, CITY, COUNTY GOVERNMENT, EVERY FIRE DISTRICT, RIGHT? IF YOU

THOUGHT YOUR FIRE DISTRICT WAS GONNA BUY AN ATTRACTIVE MAHOGANY DESK

YOU'VE GOT TO TELL THEM, THINK AGAIN. THAT'S ONE OF THE 282 LISTED. BUT

ON THE FLIP SIDE, AS MY COLLEAGUE NOTED, SOME OF THESE THINGS ARE

ALREADY BANNED AND YET NOT A SINGLE MUNICIPALITY HAS BEEN CITED THAT

WE'RE AWARE OF, AND WE'RE NOT AWARE OF ANY CONTRACTORS. YOU KNOW,

SOMETIMES I THINK WE JUST TAKE A GOOD IDEA AND GO TOO FAR. AND AS MY

COLLEAGUE MR. PALMESANO NOTED, IT'S IRONIC THAT WE BAN MUNICIPALITIES

NYS ASSEMBLY MAY 13, 2024

ACROSS THE ENTIRE STATE, INCLUDING FIRE DISTRICTS AND PUBLIC AUTHORITIES

AND EVERY LITTLE VILLAGE AND TOWN AND CITY FROM HAVING WOOD THAT CAME

FROM SOUTH AMERICA OR AFRICA IF IT'S ONE OF THESE 280-SOME SPECIES,

YET AT THE SAME TIME HAVE NO PROBLEM SANCTIONING AND ENCOURAGING

DESTRUCTION OF FARMLAND AND FORESTS IN NEW YORK STATE AS LONG AS IT'S

UNDER THAT BANNER OF ENVIRONMENTAL CONSERVATION AND GREEN ENERGY.

SO UNDER THE BANNER OF GREEN ENERGY WE CUT DOWN ALL OF OUR OWN

FORESTS, BUT UNDER THE ENVIRONMENT -- INTERNATIONAL ENVIRONMENTAL

SENSITIVITY WE BAN THE USE OF ANY OF THE PRODUCTS THAT WE HAVE USED FOR

CENTURIES FROM THE RAINFOREST.

AND JUST ONE MINOR COMMENT: I WAS ACTUALLY GLAD

THAT THE LEGISLATION DOES NOT INCLUDE TREE FARMS. I'M NOT SURE HOW OUR

CONTRACTORS ARE SUPPOSED TO FIGURE THAT OUT, BUT I THINK THAT'S A GOOD

EXCEPTION. I WOULD POINT OUT, THOUGH, THAT HUMAN-MANAGED FORESTS ARE

PROPERLY MANAGED HUMAN FORESTS, PROPERLY MANAGED BY HUMANS,

INCREASES WOOD GROWTH AND PRODUCTION. BECAUSE WHEN PROPERLY

MANAGED, WHAT THE EXPERTS DO, THE FOREST MANAGERS DO, IS THEY THIN THE

FOREST OF TREES THAT ARE DEFECTIVE OR AGED OR DISEASED OR DEAD SO THAT THE

REST OF THE TREES CAN GROW BETTER. WE SHOULDN'T MAKE IT ILLEGAL TO

FOLLOW THE SILVICULTURAL EXPERTISE THAT WE ROUTINELY USE HERE, AND WE

SHOULD ENCOURAGE AND PROMOTE THAT ELSEWHERE. BUT BECAUSE OF THE

TREMENDOUS BREADTH OF THIS BILL AND THE MANDATE IT IMPOSES ON EVERY

SINGLE MUNICIPALITY IN THE STATE OF NEW YORK, I WILL OPPOSE IT,

NOTWITHSTANDING THE FACT THAT APPARENTLY, PREVIOUS VERSIONS WERE NEVER

ENFORCED.

NYS ASSEMBLY MAY 13, 2024

ACTING SPEAKER AUBRY: MR. TAGUE.

MR. TAGUE: THANK YOU, MR. SPEAKER.

ON THE BILL, PLEASE.

ACTING SPEAKER AUBRY: ON THE BILL.

MR. TAGUE: MR. SPEAKER, IT NEVER CEASES TO AMAZE

ME HOW SOME IN THIS CHAMBER WORRY MORE ABOUT THE DESTRUCTION OF

LANDS AND FORESTS IN OTHER COUNTRIES, BUT TURN THEIR HEADS WHEN IT'S

HAPPENING RIGHT HERE IN THEIR OWN BACKYARD RIGHT HERE IN NEW YORK

STATE AS WE CONTINUE TO DESTROY HUNDREDS OF THOUSANDS OF PRODUCTIVE,

FERTILE FARMLANDS IN THE GREAT STATE OF NEW YORK WITH SOLAR FARMS AND

OTHER RENEWABLE ENERGY. STILL, WE EXPERIENCE FOOD INSECURITY ACROSS

THE STATE. NO FARMS, NO FOOD, MR. SPEAKER. IT'S TIME THAT WE PRIORITIZE

OUR WORK HERE, IT'S TIME THAT WE USE COMMON SENSE, AND I WILL BE

VOTING NO ON THIS BILL. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH

DAY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE EARLIER

VERSIONS OF THIS BILL, THE REPUBLICAN CONFERENCE WAS ALMOST EVENLY

SPLIT, BUT SLIGHTLY MORE WERE OPPOSED THAN SUPPORT IT. AND FOR THAT

REASON, AS IN THE PAST, THE REPUBLICAN CONFERENCE WILL BE GENERALLY

NYS ASSEMBLY MAY 13, 2024

OPPOSED, BUT I ANTICIPATE SOME OF MY COLLEAGUES MAY WANT TO SUPPORT

THIS BY VOTING SO 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 AT THEIR DESK.

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.

MS. SOLAGES.

MS. SOLAGES: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME FOR ANOTHER INTRODUCTION. ON BEHALF OF ASSEMBLYMEMBER

DAVID WEPRIN, WE HAVE HIS BROTHER MARK WEPRIN, WHO HAPPENED TO

ALSO BE AN ASSEMBLYMEMBER WHO REPRESENTED THE 24TH ASSEMBLY

DISTRICT BETWEEN 1994 AND 2009. AND SO WE THANK HIM FOR HIS

MULTIPLE TERMS IN PUBLIC SERVICE AND WELCOME HIM TO THE FLOOR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. SOLAGES, YOUR BROTHER -- OH, YOU THINK YOU WANT TO TALK? NO.

(LAUGHTER)

SO, MARK, WE WELCOME YOU BACK. ONCE A MEMBER,

NYS ASSEMBLY MAY 13, 2024

ALWAYS A MEMBER. FOR 32 YEARS WE'VE HAD A WEPRIN IN THIS HOUSE, AS

LONG AS I'VE BEEN HERE AND LONGER. SO WE'RE HAPPY TO HAVE YOU, ALWAYS

GLAD TO SEE YOU. YOU HAVE THE PRIVILEGES OF THE FLOOR. GOOD TO SEE

YOU, MY FRIEND.

(APPLAUSE)

PAGE 27, CALENDAR NO. 117, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04243-B, CALENDAR

NO. 117, CARROLL, SIMONE, L. ROSENTHAL, ARDILA, SHIMSKY, KELLES,

SIMON, COLTON, STECK, SEAWRIGHT, LEVENBERG, JACOBSON, GUNTHER, OTIS,

REYES, EPSTEIN, THIELE, GLICK, DURSO, GANDOLFO, NOVAKHOV,

MCGOWAN, STERN, RAGA, RAJKUMAR, HEVESI, ANDERSON, KIM, BARRETT,

DINOWITZ, MCMAHON, FORREST, BICHOTTE HERMELYN, CUNNINGHAM,

PAULIN, SLATER, TAYLOR, BURGOS, SHRESTHA, LAVINE, SAYEGH, EACHUS,

MAMDANI, DE LOS SANTOS, CONRAD, SILLITTI, WEPRIN, BENEDETTO,

PRETLOW, ZACCARO, JACKSON, TAPIA, FAHY, JONES, MCDONALD, MEEKS,

STIRPE, BORES, LEE, BRONSON, WALLACE, BUTTENSCHON, PHEFFER AMATO,

DILAN, DAVILA, BURKE, FALL, AUBRY, LUNSFORD, RAMOS, HUNTER,

SANTABARBARA, BENDETT, DARLING, CLARK, BURDICK, LUCAS, JENSEN,

ALVAREZ, GIBBS, SIMPSON. AN ACT TO ENACT THE "NEW YORK WILDLIFE

CROSSING ACT"; TO DIRECT THE DEPARTMENT OF TRANSPORTATION AND THE

NEW YORK STATE THRUWAY AUTHORITY TO IDENTIFY SITES ALONG ALL

HIGHWAYS, THRUWAYS AND PARKWAYS IN THE STATE WHERE WILDLIFE

CROSSINGS ARE MOST NEEDED TO INCREASE PUBLIC SAFETY AND IMPROVE

HABITAT CONNECTIVITY; AND TO CREATE A PRIORITY LIST OF WILDLIFE CROSSING

OPPORTUNITY AREAS WHERE FEDERAL GRANT MONIES MAY BE AVAILABLE TO

NYS ASSEMBLY MAY 13, 2024

IMPLEMENT THE TOPE FIVE PROJECTS IDENTIFIED.

ACTING SPEAKER AUBRY: ON A MOTION BY MR.

CARROLL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS

ADVANCED.

MR. CARROLL, AN EXPLANATION IS REQUESTED, SIR.

MR. CARROLL: THIS BILL WOULD REQUIRE THE

DEPARTMENT OF TRANSPORTATION AND THE NEW YORK STATE THRUWAY

AUTHORITY TO IDENTIFY AND UPDATE ANNUALLY TEN HIGHWAY WILDLIFE

CROSSING PRIORITY LOCATIONS TO IMPROVE WILDLIFE HABITAT CONNECTIVITY,

REDUCE WILDLIFE-VEHICLE COLLISIONS, AND INCREASE PUBLIC SAFETY FOR NEW

YORK STATE MOTORISTS.

ACTING SPEAKER AUBRY: MR. GOODELL.

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

YIELD?

ACTING SPEAKER AUBRY: MR. CARROLL?

MR. CARROLL: I DO.

ACTING SPEAKER AUBRY: MR. CARROLL YIELDS.

MR. GOODELL: I HAVE A -- A CERTAIN SYMPATHY FOR

THIS BILL, BECAUSE DRIVING HOME FROM AN ASSEMBLY SESSION SEVERAL

YEARS AGO I TOTALED MY CAR WHEN A DEER FAILED TO RECOGNIZE THAT I HAD

THE RIGHT-OF-WAY.

(LAUGHTER)

MR. CARROLL: SO YOU SUPPORT THE BILL?

MR. GOODELL: AND MY CAR, BY THE WAY, ONLY HAD

342,000 MILES ON IT. BUT IT HAD NEW TIRES, I WAS SO DISAPPOINTED. AND

NYS ASSEMBLY MAY 13, 2024

I WAS PARTICULARLY DISAPPOINTED BECAUSE IT OCCURRED ON I-86 WHERE

THERE'S SUPPOSED TO BE FENCING THE ENTIRE LENGTH OF THE EXPRESSWAY.

NOW, PRESUMABLY, THAT DEER THOUGHT THE GRASS WAS GREENER ON THE OTHER

SIDE, AND THIS BILL IS INTENDED TO ADDRESS THAT SITUATION?

MR. CARROLL: YES.

MR. GOODELL: HOW MANY ANIMAL CROSSINGS DO WE

CURRENTLY HAVE IN NEW YORK STATE?

MR. CARROLL: I -- I DON'T -- THE BILL DOESN'T TALK TO

THAT, BUT I DON'T BELIEVE WE HAVE ANY.

MR. GOODELL: DOES THE DEC OR THE DOT NEED

STATUTORY AUTHORIZATION TO DO THIS STUDY ON THEIR OWN?

MR. CARROLL: I DON'T BELIEVE THEY DO.

MR. GOODELL: DO THEY NEED STATUTORY

AUTHORIZATION TO APPLY FOR FEDERAL GRANT FUNDS?

MR. CARROLL: I DON'T BELIEVE THEY DO.

MR. GOODELL: I SEE.

NOW, THIS IS A -- ACTUALLY, IT'S A TWO-PHASE STUDY,

RIGHT? YOU HAVE THE DEC DOES THE STUDY AND THEN THEY GIVE THEIR

STUDY RESULTS TO THE DOT AND THEY DO THEIR STUDY, RIGHT? AND THEN AFTER

THE TWO-PHASE STUDY IS DONE THEY CAN APPLY FOR GRANT FUNDS IF THEY

THINK THEY HAVE SOME GOOD PROJECTS? AND WE'RE LOOKING AT TEN ANIMAL

CROSSINGS, RIGHT?

MR. CARROLL: WELL, AND THEY'RE SUPPOSED TO

IDENTIFY FIVE THAT THEY BELIEVE WOULD BE -- MEET THE REQUIREMENTS THAT

THE INFLATION REDUCTION ACT ALLOWED FOR APPROXIMATELY $350 MILLION OF

NYS ASSEMBLY MAY 13, 2024

FEDERAL FUNDS TO BE ABLE TO CREATE WILDLIFE CROSSINGS THROUGHOUT THE

NATION.

MR. GOODELL: NOW, AS -- AS YOU KNOW, WE

CURRENTLY HAVE ABOUT -- THIS IS JUST -- WOULD THIS JUST APPLY TO

STATE-OWNED ROADS OR WOULD IT INCLUDE LOCAL ROADS?

MR. CARROLL: I BELIEVE THIS IS JUST STATE-OWNED

ROADS, MR. GOODELL.

MR. GOODELL: OKAY. SO AS YOU KNOW, WE

CURRENTLY HAVE ABOUT 15,139 ROAD MILES OF STATE-OWNED ROADS, AND

WE'RE LOOKING AT TEN CROSSINGS, SO THAT WOULD BE ROUGHLY ONE EVERY

1,500 MILES. NOW, YOU AND I BOTH HAVE BEEN DRIVING ON THE THRUWAY

OR THE EXPRESSWAY OR WHATEVER, AND WE SEE THAT SIGN "NEXT REST AREA 60

MILES." THAT'S USUALLY RIGHT AFTER I'VE REALIZED I'M ALMOST OUT OF GAS.

BUT YOU'RE NOT ENVISIONING A SIGN AT THESE THINGS SAYING "NEXT ANIMAL

CROSSING 1,500 MILES", RIGHT?

MR. CARROLL: I'M NOT, MR. GOODELL.

MR. GOODELL: THANK YOU VERY MUCH. I ALWAYS

APPRECIATE YOUR COMMENTS, SIR.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: YOU KNOW, AS I MENTIONED, I'M

SYMPATHETIC IN PROVIDING A SAFE MEANS OF CROSSING. I HATE RUNNING INTO

DEER ON MY WAY HOME FROM ALBANY OR EVEN ON THE WAY HERE, FOR THAT

MATTER. AND IF WE CAN ADD TEN MORE DEER CROSSINGS AND GET THEM TO

NYS ASSEMBLY MAY 13, 2024

FOLLOW OUR SIGNAGE SO THAT THEY DON'T GET IN FRONT OF US, I THINK IT WOULD

PROBABLY BE A POSITIVE THING. AND I CERTAINLY ENCOURAGE EFFORTS TO

MAXIMIZE OUR CHANCES TO APPLY FOR FEDERAL GRANTS. GOD KNOWS WE CAN

USE OUR HELP FROM OUR FEDERAL GOVERNMENT, AND I'M GLAD THEY'RE

RECOGNIZING THE DANGER TO THESE ANIMALS AS WELL.

THANK YOU, SIR, AND AGAIN, THANK YOU TO MY COLLEAGUE.

ACTING SPEAKER AUBRY: THANK YOU.

MR. SIMPSON.

MR. SIMPSON: THANK YOU, MR. SPEAKER. WOULD

THE SPONSOR YIELD FOR A QUESTION?

ACTING SPEAKER AUBRY: MR. CARROLL, WILL YOU

YIELD?

MR. CARROLL: I WILL, EVEN --

ACTING SPEAKER AUBRY: MR. CARROLL YIELDS.

MR. CARROLL: -- THOUGH YOU SAID YOU WEREN'T

GONNA ASK ME ANY QUESTIONS.

(LAUGHTER)

MR. SIMPSON: THANK YOU. WELL, ONE POPPED IN

MY MIND. ARE THERE ANY EXAMPLES OF THIS BEING DONE SOMEWHERE

(INAUDIBLE/CROSS-TALK) --

MR. CARROLL: YES. THERE ARE -- THERE ARE -- THANK

YOU FOR THAT QUESTION, MR. SIMPSON. SO, 12 OTHER STATES HAVE

IMPLEMENTED WILDLIFE CROSSINGS TO SUCCESS WHERE BOTH ANIMALS HAVE

BEEN ABLE TO FIND ROUTES TO CONNECT DIFFERENT WILDLIFE ECOSYSTEMS, AS

WELL AS TO KEEP THEM OUT OF THE ROADWAYS, WHICH, OF COURSE, PROTECTS

NYS ASSEMBLY MAY 13, 2024

MOTORISTS. MOST OF THOSE STATES ARE WESTERN STATES, BUT I BELIEVE ALSO

VERMONT, OUR NEIGHBOR, HAS UTILIZED WILDLIFE CROSSINGS IN THE LAST

NUMBER OF YEARS.

MR. SIMPSON: ARE YOU ABLE TO SPEAK TO ANY STUDIES

THAT HAVE BEEN DONE TO TALK ABOUT THE EFFICACY OF, YOU KNOW, THESE

CROSSINGS OR, YOU KNOW, THE RESULTS?

MR. CARROLL: WELL, WE HAVE A NUMBER OF WILDLIFE

CONSERVATION ORGANIZATIONS THAT HAVE SUPPORTED THEM, AND PROJECTS

LOCATED IN AREAS KNOWN TO HAVE A LARGE NUMBER OF ANIMALS CROSSING

AND ARE ENDANGERED TO PROVIDE ATTRACTIVE ALTERNATIVES TO NAVIGATING THE

HIGHWAY. FOR EXAMPLE, THE LARGEST AND OLDEST WILDLIFE CROSSING IS IN AN

OVERPASS IN BANFF, CANADA. THAT'S ONE OF THEIR NATIONAL PARKS. IT IS

LANDSCAPED WITH GRASS AND TREES ON TOP WITH A GENTLE SLOPE THAT BENDS

IN SEAMLESSLY WITH THE SURROUNDING ENVIRONMENT WHILE STILL FACILITATING

TRAFFIC BELOW. WESTERN STATES HAVE ALSO HAD SUCCESS WITH WILDLIFE

CROSSINGS. I THINK IT'S THESE KINDS OF NEW STRUCTURES THAT HAVE ALLOWED

FOR THEM TO BE BOTH CONDUCIVE OF WILDLIFE'S FINDING THEM NATURALLY AND

USING THEM, AS WELL AS MAKING SURE THAT THERE IS FLOW OF TRAFFIC ON USE

OF OUR ROADS.

MR. SIMPSON: ALL RIGHT. WELL, THANK YOU FOR

ANSWERING MY QUESTIONS.

MR. CARROLL: THANK YOU.

MR. SIMPSON: THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, MR.

SIMPSON.

NYS ASSEMBLY MAY 13, 2024

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. DIPIETRO TO EXPLAIN HIS VOTE.

MR. DIPIETRO: THANK YOU, MR. SPEAKER, TO EXPLAIN

MY VOTE. I JUST FIND HYPOCRISY ON SOME OF THIS STUFF. THIS -- WHILE THIS

MIGHT BE A GOOD BILL, THE FACT IS WHERE I'M FROM I HAVE 11 TOWNS

FIGHTING THE RAPID ACT THAT WAS JUST PASSED IN THIS SESSION WHICH IS

GONNA PUT HUGE 94-C PROJECTS, DISRUPT THOUSANDS OF FARMLAND,

THOUSANDS OF WILDLIFE. WIND TURBINE, SOLAR AFFECTING THE GROUND

CONTAMINATION. AND THEN WE'RE WORRIED ABOUT CROSSING WHERE WHEN

THEY JUST A COUPLE OF WEEKS AGO PASSED SOMETHING THAT'S GONNA AFFECT

ALL THE RURAL DISTRICTS IN UPSTATE AND AROUND NEW YORK STATE JUST SO

NEW YORK CITY CAN HAVE POWER. BECAUSE WE GET ZERO POWER OF ALL

THOSE PROJECTS THAT COME INTO OUR DISTRICTS, WE GET NOTHING.

SO I'M GONNA VOTE NO ON THIS. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. DIPIETRO IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MR. GOODELL FOR THE PURPOSES OF A INTRODUCTION.

MR. GOODELL: THANK YOU, SIR. IT'S MY GREAT

NYS ASSEMBLY MAY 13, 2024

PLEASURE TO INTRODUCE ONE OF MY MENTORS, SOMEONE WHO I HAD THE

OPPORTUNITY TO WORK WITH, WHO TRIED HIS VERY BEST TO TEACH ME, AND THAT

IS OUR ESTEEMED COLLEAGUE TOM MCKEVITT, WHO SERVED AS THE ASSISTANT

FLOOR LEADER UNDER JANE CORWIN AND THEN AS OUR FLOOR LEADER. TOM IS

AN AMAZING GUY, VERY SMART. ALWAYS TALKS FAST, ALWAYS ANSWERS HIS

PHONE THE SAME WAY, "MCKEVITT", WHICH IS REASSURING TO ME IN CASE,

YOU KNOW, I DIALED SOMEBODY ELSE. STILL FOLLOWS OUR PROCEEDINGS AND

STILL TRIES TO GIVE ME ADVICE.

SO IF YOU WOULD KINDLY WELCOME TOM MCKEVITT BACK

TO OUR ASSEMBLY, RIGHT NEXT TO HIS FORMER SEAT AS OUR MINORITY FLOOR

LEADER. THANK YOU, SIR.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. GOODELL, THE SPEAKER AND ALL THE MEMBERS, TOM, WELCOME

BACK. WE ARE CERTAINLY GLAD TO HAVE YOU. AND WE'RE SORRY THAT MR.

GOODELL DOESN'T LISTEN TO YOU. SO CONTINUE TO GIVE HIM THE -- THE

ADVICE AS LONG AS HE LASTS HERE, WHICH I'M TOLD IS NOT LONG. BUT IN ANY

EVENT, HAPPY TO HAVE YOU. PLEASE -- YOU'RE ALWAYS WELCOME.

(APPLAUSE)

MS. SOLAGES.

MS. SOLAGES: MR. SPEAKER, DO YOU HAVE ANY

FURTHER HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE HAVE NO

HOUSEKEEPING, BUT FINE RESOLUTIONS. WE'LL TAKE THEM UP WITH ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

NYS ASSEMBLY MAY 13, 2024

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 2153-2164

WERE UNANIMOUSLY APPROVED.)

MS. SOLAGES.

MS. SOLAGES: I NOW MOVE THAT THE ASSEMBLY

STAND ADJOURNED AND THAT WE RECONVENE AT 2:30 P.M., TUESDAY, MAY

14TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 5:28 P.M., THE HOUSE STOOD ADJOURNED

UNTIL TUESDAY, MAY 14TH AT 2:30 P.M., THAT BEING A SESSION DAY.)