WEDNESDAY, MAY 29, 2024 11:12 A.M.
ACTING SPEAKER AUBRY: The House will come
to order.
In the absence of clergy, let us pause for a moment of
silence.
(Whereupon, a moment of silence was observed.)
Visitors are invited to join the members in the Pledge
of Allegiance.
(Whereupon, Acting Speaker Aubry led visitors and
members in the Pledge of Allegiance.)
A quorum being present, the Clerk will read the
Journal of Tuesday, May the 28th.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, I move to
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NYS ASSEMBLY MAY 29, 2024
dispense with the further reading of the Journal of Tuesday, May the
28th and that the same stand approved.
ACTING SPEAKER AUBRY: Without objection, so
ordered.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, sir. As we
move towards the end of May, we are still in the celebration mode of
Memorial Day and what was sacrificed for us all so many years ago.
So I want to bring these words today, these are from Eleanor
Roosevelt. Most of us already know Eleanor Roosevelt and all about
her stellar career. Her words for us today: Courage is more
exhilarating than fear, and in the long run it's easier. We do not have
to become heroes overnight, just one step at a time. Again, these
words from Eleanor Roosevelt.
Mr. Speaker, colleagues have on their desk a main
Calendar and a debate list. We will be calling for the following
committees off the floor today: Government [sic] Employees,
Governmental Operations, Local Governments, Real Property
Taxation and Science and Technology. After any housekeeping or
introductions, we're going to work off of the debate list by taking up
the following bills: We're gonna start with Rules Report No. 106 by
Ms. Solages; Rules Report No. 113 by Mr. Eachus; Calendar No. 22
by Mr. Weprin; Calendar No. 173 by Mr. Anderson; and Calendar No.
436 by Ms. Jackson; Calendar No. 450 by Ms. Paulin; and Calendar
No. 455 by Ms. González-Rojas. Afterwards, Mr. Speaker -- we've
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NYS ASSEMBLY MAY 29, 2024
got a long day today. I want to appreciate all of the members who are
right now in the Chambers. I think we're somewhere close to where
we should be as a Majority, but I hope that we will spend some time
to focus on being in and around the Chambers today, as opposed to
everywhere else in Capitol.
With that, Mr. Speaker, I digress, but afterwards,
we're gonna take up the following bills on debate: Rules Report No.
142 by Ms. Cruz; Rules Report No. 220 by Mr. Weprin. Then, Mr.
Speaker, we're going to consent yesterday's A-Calendar, beginning
with Rules Report No. 141, that's located on page 9. There could very
well be a possibility for additional floor activity today. If so, Mr.
Speaker, I will acknowledge at that time; however, that's the general
outline of where we're going. Let us begin with housekeeping, and
thank you, sir.
ACTING SPEAKER AUBRY: Thank you. No
housekeeping as of yet, Mrs. Peoples-Stokes, but we do require you to
make an announcement.
MRS. PEOPLES-STOKES: The first committee of
the day, which is Government [sic] Employees in the Speaker's
Conference Room immediately. Thank you, sir.
ACTING SPEAKER AUBRY: Certainly.
Government [sic] Employees, Speaker's Conference Room
immediately, please.
And for the purposes of an introduction, Ms. Paulin.
MS. PAULIN: Thank you, Mr. Speaker. Today we
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NYS ASSEMBLY MAY 29, 2024
have a group of students from Westchester County. So on behalf of
Assemblymembers Burdick and Otis and myself, we wanted to
welcome a group that's part of our shared Senator's Youth Advisory
Council. We have representatives from Armonk, Port Chester, White
Plains, Eastchester, Bronxville and Scarsdale, and they took the time
to educate themselves and us about transparency, the environment and
women's rights.
So I want you to extend them a warm welcome and --
and we thank them for joining us today.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Ms. Paulin, the Speaker and all the members, and all the members
of the Westchester Delegation, we welcome you here to the New York
State Assembly. We extend to you the privileges of the floor. Our
thanks for us joining today, for enlightening our legislators on issues
that are a concern to you, for your supervisors and teachers who have
brought you here today. Continue to have a great day here in Albany
and know you are always welcome, and we look forward to the
careers that you will pursue in your life. Thank you so very much for
being here.
(Applause)
Mr. Santabarbara for the purposes of a introduction.
MR. SANTABARBARA: Thank you, Mr. Speaker.
Today I have the honor of introducing a special group called Elected
Officials to Protect America, known as EOPA. This group is made up
of current and former elected officials from both parties who care
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NYS ASSEMBLY MAY 29, 2024
deeply about protecting the environment and our democracy. EOPA
runs programs at both the national and State levels. They focus on
finding solutions to the climate crisis and making -- making sure that
environmental justice is achieved for all. One unique thing about
EOPA is that they bring together veterans who are also lawmakers to
work on climate issues. This is the only national group that does this,
showing the power of diverse experiences in solving problems.
Today we have joining us Alex Cornell du Houx,
former Maine State Representative, also a Marine combat veteran and
President of EOPA; and Dominic Frongillo, former Caroline, New
York Town Council Member and Executive Director of EOPA. They
are here in Albany to kick off their health and energy security EV tour
at our State Capitol.
Mr. Speaker, if you would please welcome them to
the Chamber and extend to them all the cordialities of the House.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Santabarbara, the Speaker and all the members, gentlemen, we
welcome you here to the New York State Assembly, the People's
House. We extend to you the privileges of the floor. Hope that your
time here has been beneficial. Hope that your continuing work to
improve our world will continue and that you will be successful.
Thank you so very much for taking the time. Thank you.
(Applause)
ACTING SPEAKER EACHUS: Page 8, Rules
Report No. 106, the Clerk will read.
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THE CLERK: Assembly No. A07532-B, Rules
Report No. 106, Solages, Levenberg, Slater, Gunther, Jacobson, Otis.
An act to amend the General Municipal Law, in relation to the
organization of industrial development agencies and the definition of
labor organization.
ACTING SPEAKER EACHUS: An explanation has
been requested, Ms. Solages.
MS. SOLAGES: Yes, Mr. Speaker. This bill would
amend the General Municipal Law to revise the organization of
industrial development agencies -- and for the purpose of this -- this
debate, IDAs --and the definition of labor organizations within that. It
stipulates that all IDAs must have at least one representative from a
local labor organization, and either a school board member or a school
district superintendent.
ACTING SPEAKER EACHUS: Mr. Brown.
MR. A. BROWN: Thank you, Mr. Speaker. Sorry it
took me so long to get up. I just discovered yesterday on debate that
I'm elderly, so it just took me a moment longer. Will the sponsor
yield?
MS. SOLAGES: For my Long Island colleague, yes.
MR. A. BROWN: Thank you, Madam Sponsor. Is
there currently a law or provision that prohibits an IDA from having a
labor or a -- a school board member from becoming part of the board?
MS. SOLAGES: So from what I found in law, there's
currently no defined board, unless you consider the law that was
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passed in 2014 by our former colleague that basically said that within
the -- the Nassau IDA and within the (inaudible) IDA, there has to be
a consultation with the local villages when passing PILOTs --
payments in lieu of taxes -- under IDAs.
MR. A. BROWN: Thank you, Madam Sponsor. And
since you mentioned Nassau and those areas, are you aware that I
think all of the bigger IDAs currently have members who fill the shoes
of what we're trying to achieve in this bill?
MS. SOLAGES: So all -- you know, all across the
State we have IDAs, and their compositions are different. And, you
know, they have many members, but not all IDAs have labor
representatives and not all IDAs have school board members.
MR. A BROWN: Thank you. One of my bigger
questions is, really, are your aware that IDAs are statutorily capped at
seven members? And by this ask and not increasing the size of the
IDA board would really steer the thinking and the votes towards a
specific interest. Perhaps we should increase the size of the board to
compensate for what you're trying to achieve and give it a little
balance.
MS. SOLAGES: Well, that sounds like another piece
of legislation that we can consider. But within the provisions of the
bill we actually account for that. And so if you go to line 16 of the
bill, it -- it does say that if there is -- if they're at their maximum limit,
that they're allowed to temporarily increase the size to allow for
additional mandatory members, provided that such the agency shall
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decrease to fewer, seven -- sorry, to decrease to seven or fewer
members when there are vacancies. So we do account for that.
MR. A. BROWN: Right. Thank you, Madam
Sponsor, but that's exactly the point. Like, through attrition it
eventually goes back to seven, which is where the problem lies.
MS. SOLAGES: And every IDA has, you know,
different sizes, and so some are seven, some are three. So this will
allow them to, you know, articulate to -- to make sure that they have a
labor representative and also school board members.
MR. A. BROWN: Thank you, Madam Sponsor. You
know, in the justification I had a question. It says here, the second to
last paragraph, "School districts are required to deal with the budget
impacts of PILOTs without having a say in the process", and it
finishes off in the same paragraph, "Concerned citizens can be
blindsided by IDA agendas released hours before the meeting, leaving
little time for public input." I -- I -- is the sponsor not aware that just
like a zoning board or a board of architecture or review, or a planning
board, proper notice is always given, without exception, way in
advance in that notice 20-day period so they -- they would have proper
notice. And it certainly wouldn't have been hours, unless there's
something I'm missing in the provision.
MS. SOLAGES: It's -- it's required but, you know,
I've seen historically that many IDA -- or some IDAs don't do it. And
so, you know, I -- I've gone through my own experience with this and
so, you know, things happen and, you know, requirements are not met.
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MR. A. BROWN: Thank -- thank you, Madam
Sponsor. But are you aware that that actually never happens, and
there's a clear vetting or that the cases will never -- there's never been
a single instance in the State where they didn't vet that and look for
the signed notices from every school, from every local municipality
that was supposed to be involved?
MS. SOLAGES: And that's why, you know, I really
believe the hallmark of government is always oversight, transparency
and accountability. And that's why it's so important that we have
labor and school board members who are local stakeholders that can
be invested into this community development and have a say and be a
part of the process and, you know, have discussions and also get
community buy-in. You know, the more local involvement we have,
the -- the better our government functions. And I think that, you
know, this is not, you know, anti-IDA. This is actually promoting,
you know, conversations, promoting inclusive government, and
allowing people to participate in this -- in this fun process.
MR. A. BROWN: Thank you, Madam Sponsor.
Mr. Speaker, on the bill.
ACTING SPEAKER ZACCARO: On the bill, Mr.
Brown.
MR. A. BROWN: Thank you. You know, this -- this
bill is actually a little more complicated than it seems. It seems very
benign, it seems very nice, and I agree with a lot what the sponsor had
mentioned. But it just so happens the sponsor and I were both
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involved many years ago on a very particular build that's actually used
in case law very often. I happened to have chaired an IDA many years
ago, and there was a community, it happens to be the sponsor's
community, that really was gonna be hit very hard. We searched high
and low, we found a developer in California to put a half-a-billion
dollars into buying a local mall and the process went forward. And
the way IDAs work, especially the bigger ones -- and I certainly think
the one I chaired was the biggest one -- you know, we don't do this on
the back of an envelope, we have full accountants, full lawyers. It's
full vetting in every which way, shape and form. Well, we saved the
community because otherwise, their taxes would have quadrupled. Lo
and behold, at one of our board meetings the community came out,
What's happening, our taxes went up? I said, No problem, it must be
an honest mistake. Well, the community board and certain legislators
came out and said, You didn't give proper notice to the community.
We showed we did, there's a logical explanation. The Comptroller did
their audit and came out that, well, lo and behold, one of the school
districts actually held back $3.5 million and that's why taxes have
gone up in the community.
My point is, IDAs serve a very important purpose,
and they're actually the biggest contributors, one of the very biggest
contributors to public school education and to education. And
unfortunately, like I'm a dad of seven, sometimes we've got to do
things that the kids may not understand, but it's the industrial
development agencies that keep industry, just like in the exact
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example of the sponsor's community, and without them these things --
the communities just would not be funded. Unfortunately, public
schools -- the public school administrations do not understand, really,
what IDAs do, and many people don't. They think it's a tax cut. It's
never really a tax cut. It's just a tax stabilization until things can
escalate to the full tax impact. But IDAs certainly contribute a great
deal more to the -- to -- to school education than people think.
And I thank the sponsor for the bill. I just think it's a
bit misguided and it may end up hurting public schools more than it
will help. Thank you.
ACTING SPEAKER ZACCARO: Mr. Palmesano.
MR. PALMESANO: Yes, Mr. Speaker, will the
sponsor yield for some questions?
ACTING SPEAKER ZACCARO: Ms. Solages, will
you yield?
MS. SOLAGES: Yes.
ACTING SPEAKER ZACCARO: The sponsor
yields.
MR. PALMESANO: Thank you. My first question
for you, wouldn't you agree that our IDAs, our local IDAs are at the
forefront, at the ground floor of economic development in our local
communities, especially in light of the very bad business climate we
have in New York State?
MS. SOLAGES: Yeah, so according to the State
Comptroller that came out with a report just the other day saying that,
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you know, IDAs have increased revenues in certain municipalities.
And so this, to me, is not an anti-IDA bill. This is actually a bill to
increase local engagement so that we can make sure that we're
educating individuals on the fact that IDAs are doing great things, but
also making sure that the community has buy-in.
MR. PALMESANO: All right. In your memo, you
also -- and -- and my colleague mentioned this -- it says that school
districts are required to deal with the budget impacts of PILOTs. And
I know you say (inaudible). But are you saying that the -- our school
districts are negatively impacted by PILOT agreements that are -- that
(inaudible/crosstalk).
MS. SOLAGES: So according to the language, it
doesn't say negative nor positive --
MR. PALMESANO: No, I'm --
MS. SOLAGES: -- it just says "impacts."
MR. PALMESANO: -- I'm just saying according to
your memo that they're required to deal with it. So I'm -- I'm just
asking the question, do you feel, because you -- you want a school
board member or a school superintendent appointed, do you feel that
school districts are negatively impacted by PILOT agreements?
MS. SOLAGES: So, you know, there's many PILOT
that are -- are (inaudible) in -- within the State, so I -- I can't comment
on all of them. But this is important to make sure that we have
engagement from --
MR. PALMESANO: I understand.
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MS. SOLAGES: -- school board members, and also
-- or superintendents, because it's important that the community have
buy-in. The prior speaker mentioned that there was an issue within
my community around IDAs, and lo and behold, we found out it was
an error on the school district. If the school district was engaged in
the process and they actually maybe were on the IDA, they would
have received some training, they would have understand [sic] the
impacts that PILOTs would have, and then they would have been able
to support a project that would have revitalized --
MR. PALMESANO: Sure.
MS. SOLAGES: -- essentially a dead mall in our
district that's now totally revived. So, you know, I don't want to get
into the points of the neg -- if --
MR. PALMESANO: No, no, I --
MS. SOLAGES: -- IDAs are negative or positive, I'm
just focused on making sure that we have engagement from labor. For
example, there are points where we had to claw back some IDA
projects because unfortunately they didn't meet the labor standards.
And, you know, when -- we have many labor organizations that
currently serve on IDA boards, and the only thing I hear right now is
that that's a positive experience.
MR. PALMESANO: Okay.
MS. SOLAGES: So why not make sure that all IDAs
do that?
MR. PALMESANO: Yeah, okay. So, would you
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agree that when an ID -- IDA is engaged in projects and PILOTs, they
bring jobs and businesses to the community which then brings in a tax
revenue. If they didn't have those PILOT agreements, there would be
no tax revenue for the municipalities or the school district, correct?
MS. SOLAGES: So, according to labor
organizations, they say that, you know, IDAs bring in jobs, they bring
in revenue --
MR. PALMESANO: Sure.
MS. SOLAGES: -- and so having labor members on
the IDA board has been proven well because they help in the
negotiation processes, they could talk about, you know, some of the
pitfalls, they have the nuances. And so it's beneficial to have that
labor person within that conversation. And so -- and as -- and as I
referenced before, the State Comptroller says that revenue had been
increased due to I -- IDAs. And so, you know, I don't want to be in
the -- in the conversation of having or be in the point of having a
negative conversation because I do think IDAs are beneficial. But
again, oversight, accountability and transparency --
MR. PALMESANO: Sure.
MS. SOLAGES: -- the hallmark of our government.
MR. PALMESANO: Sure.
MS. SOLAGES: And we've passed so many IDA
reforms since 1993 that, you know, made IDAs much better, and on.
MR. PALMESANO: Sure. And certainly our IDAs
are -- have to be truly transparent and compliant, there's rules and
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regulations that they have to follow and I believe most -- they all do.
So I do want to ask a question. So my -- my
colleague brought it up. So right now statutorily there's only seven
members that get appointed, but it's my understanding from your
legislation when -- these IDAs would have to accommodate this
immediately, there'd be no -- they immediately have to make
appointments to labor and school districts right away to these boards,
so there's no time to accommodate, right? They have to do this
immediately; is that correct?
MS. SOLAGES: So we did amend the bill to ensure
that there's enough time, but we also, within the language of the bill
starting at line 16, we allow IDAs to go beyond the statutory
requirement of seven --
MR. PALMESANO: Temporarily, right?
MS. SOLAGES: -- until there's attrition, until -- until
members leave and then, you know, they can return back to their
normal five.
MR. PALMESANO: So --
MS. SOLAGES: But there -- I just wanted for the
record, there's not -- you know, the maximum is seven, but some IDAs
are smaller and medium-sized.
MR. PALMESANO: Sure, but -- so in this case,
then, where now it's -- these appointees will be placed on the board so
could temporarily be there, both labor and schools would always have
a permanent appointment. So when a term of an individual comes up
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after, say, two years or three years of whatever the term is, now they
would have -- if they've served on that board for a number of years,
they've brought expertise, now they would have to be removed from
that board under -- under -- under your bill, correct?
MS. SOLAGES: So, they could come back, but also,
it would be -- we're leaving local control. So the local authority
would have the -- the opportunity to --
MR. PALMESANO: Did you really just say this is
local control?
MS. SOLAGES: Yeah.
MR. PALMESANO: Wow.
MS. SOLAGES: Well, I'm using your phrases. We
were given the local control for a State entity, because you have to
remember that IDAs are a State creature --
MR. PALMESANO: I understand.
MS. SOLAGES: -- that authorizes local control and
it's amended by the State many times.
MR. PALMESANO: So -- so let's go back to my
question. Seven appointees, the labor and -- and the --
MS. SOLAGES: School board member.
MR. PALMESANO: -- school board member --
MS. SOLAGES: Or superintendent.
MR. PALMESANO: -- gets appointed, so it can be
temporarily up to nine. So now I have an individual who's been --
who might have expertise in science and technology, expertise in
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construction, expertise in finance, expertise in business development.
When that person's term comes up, they would have to be removed
from the board, correct? They would no longer be a part of the IDA
board according to the letter of your bill, correct? You said --
MS. SOLAGES: So, all IDA members have a term,
so it would be up to the appointing authority to -- so we're making the
assumption that the appointing authority is going to reauthorize or put
them back for their next term. But this --
MR. PALMESANO: I understand.
MS. SOLAGES: -- framework, it -- it mandates a
framework for representation and allows flexibility on how boards
operate and make their decisions. So local IDA boards will still
remain, you know, to their agenda and their strategies, and still have
their local say.
MR. PALMESANO: Okay, I understand what you
just said, that sounded great. But --
MS. SOLAGES: Thank you.
MR. PALMESANO: -- answer the question. Now --
MS. SOLAGES: So --
MR. PALMESANO: Wait a minute.
MS. SOLAGES: Oh, pardon me.
MR. PALMESANO: I'm sorry. I have that
individual with that expertise in housing, finance, business
development, construction, who has been a valuable part of that
board, who they respect and count on who's done -- helped bring
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tremendous projects to the community. Now, when his term ends, or
his or her term ends, based on the language of your bill, they would
have to step down from the board and not be a part of that board any
longer until maybe another position comes up later, correct?
MS. SOLAGES: So, this bill would give other
individuals who have their own expertise to be on the board.
MR. PALMESANO: I understand that.
MS. SOLAGES: So yes, that current person who has
experience would then have to leave, but now we're reappointing, and
I hope the appointing authority appoints someone who has another
level of expertise that might be vital and essential to the conversation
of economic development. So, you know, we might be losing one
individual, but we're also gaining another individual who might have
insight, who have fresh eyes and new ideas, will have the opportunity
to participate.
MR. PALMESANO: I understand, but based on the
language of your bill, that person who brought tremendous expertise,
tremendous value for years to that local community, who was
appointed by that local community members -- local government now
would be off the board, which you just said. So I'll -- I'll move on;
that's correct, right?
MS. SOLAGES: So their -- their term would be up
and the appointing authority would have the local control to have the
decision --
MR. PALMESANO: But they wouldn't be --
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NYS ASSEMBLY MAY 29, 2024
MS. SOLAGES: -- and, you know, this really is
about, you know, making sure that we have, you know, representation
that's diverse and inclusive --
MR. PALMESANO: I understand.
MS. SOLAGES: -- and can have conversations. So,
you know --
MR. PALMESANO: I understand all that.
MS. SOLAGES: -- it's up to the local -- it's the local
appointing authority to have the say of who goes off the term, they
will make the decision.
MR. PALMESANO: Well, when the term expires
they're gonna be removed from the board, based on language of this
bill. Let me ask you a question: Why not just -- if you want a labor
and school appointed to the board, why not just add two spots to
increase the statutory account -- authority?
MS. SOLAGES: It sounds like a -- a bill that the
member could submit.
MR. PALMESANO: Huh?
MS. SOLAGES: That -- that sounds like a great
piece of legislation.
MR. PALMESANO: Well, why don't we amend this
bill to do that and then we can make it a better bill? Because then you
have what you want and then we still have those individuals that could
still have those same people. Why not do that, right? Let's pull the
bill and amend it and make it a better bill. Not interested?
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MS. SOLAGES: We appreciate the suggestion, and
I'll maybe talk it over to the sponsor, but I urge my colleagues to
support this legislation because it's ensuring that we have local control
and local say in economic development projects from local
individuals.
MR. PALMESANO: What about conflicts of
interest? Sometimes there are members that represent interest groups,
now you're gonna have schools, labor, you know, there's like a duty of
care responsibility. So say there's a project that comes up and it
benefits a local school district or it might benefit a specific labor
union. Wouldn't those individuals have to abstain or recuse
themselves from the voting then?
MS. SOLAGES: So, everyone has the same
obligations, so if you have a conflict of interest it's the same
obligations as passed under the Public Authorities Accountability Act
of 2005, I think what you're referencing, that creates more gov -- more
governance and also transparency and accountability. So, you know --
and that was IDA reform that was passed by the State Legislature and
so, you know, that same conflict of interest still applies.
MR. PALMESANO: Okay.
MS. SOLAGES: And that goes for any members
because the members of this -- of that body, of that agency could be
conflicted in any sorts. They would have to disclose that and recuse
themselves.
MR. PALMESANO: Is there any -- anything in this
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legislation that would impact, like, if you look at a school district,
sometimes they have multiple jurisdictions, sometimes they go into
different counties. When that appointee comes, does it -- could it be
any school district, any school official? How -- how are you going to
deal with those multiple jurisdictions?
MS. SOLAGES: I think it would be under the IDA,
so it would be under -- so wherever the project is, it would be under
the IDA -- the governing IDA's jurisdiction.
MR. PALMESANO: So if it's -- if it's -- if it's -- so
those appointees would be from wherever they want?
MS. SOLAGES: So if it was from, let's say -- pick a
school book -- a -- a school, William Buck School -- that sits on the
IDA board, that's, you know, irrespective of where the project is, that
school board member would sit on there. It's not -- it's not every
district sitting on the IDA board. It's one member that's appointed that
would be -- that would qualify as a school board member or
superintendent.
MR. PALMESANO: Okay. And you believe this
bill is absolutely necessary, needed, and again, not just adding it to
them -- you're taking -- you're really taking away appointees, two local
appointees from a local -- from these local communities by the words
of this bill by not adding, you're just saying they have to replace.
MS. SOLAGES: So I think that, you know, school
board members have a vested interest in economic development, and
they have a vested interest in making sure that their school district
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remains a vibrant, you know, entity within the school community and
to the -- and to the community and neighborhood --
MR. PALMESANO: Sure.
MS. SOLAGES: -- and labor has a vested interest in
making sure that we have jobs and job protection. And so for me, I
think that we are providing, you know, individuals the opportunity to
ensure that we're promoting economic development and creating a
more business-friendly place in New York State. And right now, this
paradigm does exist. This is not an anomaly that school board
members or -- or labor serves on IDA boards. And I know and I've
seen it myself on Long Island that when labor is engaged, you know,
the projects are better, the jobs are better, the revenues are better. So,
you know, all we're doing is taking the best practices that we see
across the State and applying it to all the IDAs.
MR. PALMESANO: And for the record, again,
there's nothing saying that school board members or school officials
and labor, under the current structure that we have now, cannot be
appointed to these IDA boards, and in many instances they are,
correct?
MS. SOLAGES: So, currently there's -- there's no
defined -- defined school board member except for within the Town of
Hempstead and within, actually, Nassau County IDA. We passed a
bill here in the State Legislature in 2014 that allowed members of the
Village of the Town of -- of Hempstead and Freeport to serve on the
IDA board when they're talking about projects. So there is, you know,
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history around us creating extra positions on the IDA board.
MR. PALMESANO: Extra positions, but not
removing positions to fill them with other spots. This is doesn't create
extra. This replaces existing spots with two new spots. So it's not
additional. It's replacing the current control that the locals have.
MS. SOLAGES: So from what we heard from IDAs,
they didn't want to expand the board. So from groups that we've
talked to and engaged with who do work with IDAs, they, you know --
we didn't hear about them, you know, suggesting to expand the board.
But again, maybe that's another piece of legislation that we could
consider in the future.
MR. PALMESANO: I think an amendment to this
bill probably would be better.
My last question I have for you -- actually, I think I've
covered enough on the questions.
Mr. Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill, sir.
MR. PALMESANO: Mr. Speaker, my colleagues,
right now our IDA boards are comprised of local volunteers. They
volunteer their time. They bring their expertise, their talent, their
knowledge, their experience to our local communities. And they do
include local government officials, workforce development, business,
financial, and also, yes, they have labor and school officials that serve
on these boards. We know we have a terrible business climate here in
New York State. Our local IDAs are at the forefront of making sure
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NYS ASSEMBLY MAY 29, 2024
our local economies are trying to grow and create jobs in our local
communities to address the challenges that they face. When we talk
about the issue of taxes and business development, if these IDAs
didn't -- weren't operating and didn't have the -- the ability to operate
and work with their expertise, we wouldn't have tax revenue coming
in -- a PILOT for -- for our school districts, for our communities,
because the businesses wouldn't come because of the climate. We
need our IDAs and we need to give them flexibility and the autonomy
they have to do to use the expertise in their community who they
believe would be the valuable addition. It's not a one-size-fits-all
approach time and time again. I mean, we talk about it -- we talk
about this before, too, that --
(Buzzer sounds)
Thank you.
ACTING SPEAKER AUBRY: Mrs. Peoples-Stokes
for the purposes of announcement.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker, for allowing me to interrupt our debate proceedings for the
purposes of letting people know that they should -- those who are on
the Government [sic] Operations Committee and the Chairperson
should move towards the Speaker's Conference Room immediately.
ACTING SPEAKER AUBRY: Thank you.
Government [sic] Operations, Speaker's Conference Room
immediately.
Mr. Palmesano for a second 15.
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NYS ASSEMBLY MAY 29, 2024
MR. PALMESANO: Thank -- thank -- thank you,
Mr. Speaker, my coll -- just to finish my comments on the bill. To
think now -- I mean, I think the -- the fallacies in this bill, if they
believe -- if there's a -- this mandate to have specific appointees to this
board, we shouldn't be taking away existing appointees, which is
essentially what this bill does. So you could have someone with
tremendous expertise in financial, tremendous expertise in housing
and construction, business development who have brought value to
that board, who helped create economic activity, helped bring in jobs
to a local community, helped bring in tax revenue to a local
community. Now, based on the language of this bill, that person
would have to be removed from the board. That makes no sense.
I know the -- the sponsor talked about local control in
this bill. This is absolutely not about local control, this is about
usurping local control. I mean, time and time again, we see these
things, bill after bill, legislation after legislation that we've done that
usurps local control. I'll give you just a few of them: We passed
legislation to mandate even-year elections, usurping local control. We
passed legislation that would basically take away local control for the
sitting [sic] of wind and solar; the State gets to decide it. We take --
we added to that this budget, taking away local control for the siting of
transmission, and then battery storage. We also took away local
control of the assessed valuation of these projects. Assessors are the
local determinated -- determinator of tax assessments in the
community. The State of New York, in its wisdom, said no, not for
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NYS ASSEMBLY MAY 29, 2024
wind and solar or other projects that deal with so-called "clean
energy," that -- they don't have that ability to assess anymore at that
level. If the State wants to change it, they can do that.
Yesterday, we did a bill that took away local control
on what type of website they could use. I mean, one thing after
another. Our -- our economic development offic -- agencies, they are
the last-stop-shop to try to help improve our local communities which
are being burdened with high taxation, burdensome and costly
regulations, burdensome mandates like the energy -- the -- the -- the
Green New Deal energy mandate that's coming down to our local
communities.
This also sets a very dangerous precedent by
mandating to the locals that you have to make these appointees. What
would be next? Our IDAs bring in jobs, they bring in tax revenue.
Think about it. If we didn't have them, they wouldn't bring in this -- if
we didn't have that development, that tax revenue, the PILOTS
wouldn't go to the school districts to help support our kids and their
programs.
This is not a good bill. It could be amended, should
be amended. If you want to do this, if you're mandating this, then you
should add the appointees so the locals could still have that control of
who they want to appoint on those seven spots. But to remove that, to
think that the State of New York is saying, Now you have to make
these appointments and, you know, Mr. Smith, thank you for your
years of service serving our IDA, thank you for your expertise, your
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NYS ASSEMBLY MAY 29, 2024
knowledge, your business development. You can no longer serve on
the board because the State of New York says you can't because we're
removing your position because we have to meet this mandate. This
just makes no sense whatsoever, Mr. Speaker and my colleague. In
these different -- difficult economic times, this is not the way we
should be going. We should be empowering our local IDAs and
continue to enforce local control. But this is just another example of a
pattern of legislation and bills this House has brought up to continue
to usurp local control. I went through the list. I don't need to go
through it again, but it's a dangerous precedent. It's a one-size-fits-all
that New York State says, We know best for the local community. I
will tell you, New York State does not know what's best for the local
community. Local communities know what's best for their local
community, not the State of New York. And I went through the list, I
won't go them again. And Mr. Speaker and my -- Mr. Speaker and my
colleagues, again, this is bad legislation. It should be amended to add
if this is something you're gonna mandate. Don't take away those
appointments from those local municipalities, those local
governments, in this appointee process.
So for that reason, Mr. Speaker, I'm gonna be voting
in the negative and I would urge my colleagues to do the same. Thank
you.
ACTING SPEAKER AUBRY: Mr. Maher.
MR. MAHER: Thank you, Mr. Speaker. Will the
sponsor for, I believe, just one question?
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NYS ASSEMBLY MAY 29, 2024
ACTING SPEAKER AUBRY: Ms. Solages, will you
yield?
MS. SOLAGES: Yes.
ACTING SPEAKER AUBRY: The sponsor yields.
MR. MAHER: Okay. I think we touched on this a
little bit, but this impacts town IDAs, city IDAs, and county IDAs,
right?
MS. SOLAGES: Yes, all IDAs.
MR. MAHER: Okay, so -- all IDAs. So if you are,
let's say, Orange County in my district, you have a county IDA. You
made a comment about that particular development will have that
school district involved --
MS. SOLAGES: No, no.
MR. MAHER: Okay.
MS. SOLAGES: That -- that -- I was speaking on a
piece of legislation --
MR. MAHER: Okay.
MS. SOLAGES: -- for this bill, the appointing
authority, which is, let's just say your example --
MR. MAHER: The county.
MS. SOLAGES: -- the Orange County IDA, would
appoint a school board member of their choice, as well as a --
someone from a labor organization. And so it's just one school board
member or superintendent.
MR. MAHER: All right. So that -- in my opinion,
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NYS ASSEMBLY MAY 29, 2024
that creates a little bit of an issue because, say, in Orange County you
have over a dozen schools districts, let's say it's Monroe-Woodbury
School District but the project's in the Town of Montgomery, there's
less of an incentive for that person to be invested in that project
because it might be something they actually want in their community,
right? It creates some dynamics there where it may not make the most
sense from a county standpoint. Would -- would I -- would you be
able to, say, go to the -- the local county BOCES? Would that be
something that you could to do as an equivalent to have a BOCES
board member be on that IDA at the county level?
MS. SOLAGES: So, you know, this -- this bill
speaks more of the -- we're trying to gain the expertise of the school
board member and of the, you know, superintendent. And so, you
know, we have a fiduciary -- those board members have a fiduciary
responsibility to the IDA board and to the -- the public. And so, you
know, if there is a conflict of interest where a project is trying to bid
between two areas, I -- I would think that would meet the
qualifications of a conflict of interest. But the purpose of the bill is to
make sure that we're just having the -- the expertise and the -- the
local investment of school districts in the area. So it's a school board
member that could, you know, be appointed by the Orange County
IDA, for example. And, you know, the Orange IDA would have the
autonomy to appoint any school board member that they choose, or
superintendent that they choose.
MR. MAHER: Okay. So from a town and a city, I'm
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NYS ASSEMBLY MAY 29, 2024
following you. I think it's actually, potentially, a very positive thing
for a city to have that school district which encompasses the city to
have buy-in from a conversational standpoint with their local IDA on
all these projects, because they should support it, right? And they
should be educating themselves on, you know, the benefit of having
this company and programs that could create and help fund in terms of
community benefit agreements for school districts. I think when it
comes to the county, there is an issue there that maybe in the future an
amendment could change where if there is a county IDA, it would be
specific to a BOCES that may -- may exist, or its equivalent, because I
do believe it could create some issues, not in terms of conflict of
interest and voting, but the process. Let's say you have somebody
from a community where the development doesn't exist, and they want
to, potentially, have that in their community. They may disrupt the
process, and that could create a different problem, just at the county
level. I honestly think from a city and town level there's a lot to be
said about forcing some of these conversations by having them be on
the board, but at county level, I -- I would love to see us kind of work
on that.
And I think that's the only question I had, so on the
bill, Mr. Speaker.
MS. SOLAGES: Do you want an answer to the
question, or...
MR. MAHER: Yeah, I would, actually, if you have
one.
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NYS ASSEMBLY MAY 29, 2024
MS. SOLAGES: So, you know, like I said, you
know, board members have a responsibility, you know, they have a
fiduciary responsibility that do right by the public and not put any
influence -- influence or conflict before that. So I'm hoping that, you
know, the Orange County IDA or IDA appoint individuals who can
have a clear mind, clear thoughts, and be able to, you know, rule on
projects on their merits and on their ability to -- to drive up revenue
and create jobs and all the things that IDAs do.
MR. MAHER: So -- so it's your perspective that in,
let's say a county-wide, the school district representative isn't
necessarily specific to that project in their community, but creating an
added value by representing school districts as a whole in the county;
is that --
MS. SOLAGES: Correct; yeah, yeah.
MR. MAHER: Okay.
MS. SOLAGES: And being able to have that
dialogue. You know, school board members are elected locally and so
that's a local voice to advocate for communities and also create
community buy-in. You know, maybe talk to school districts about
the benefits or the negatives of the IDA -- IDA projects or, you know,
conversations. So this is about making sure that we give the local
entities the ability to have conversations and be a part of the dialogue.
MR. MAHER: Okay, I appreciate that. Thank you
for your -- your answers.
On the bill, Mr. Speaker.
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NYS ASSEMBLY MAY 29, 2024
ACTING SPEAKER AUBRY: On the bill, sir.
MR. MAHER: Okay. I do think at the county level it
could create some issues. I'm hoping not, but I think that is one area
where maybe it would make the most sense for somebody related to a
BOCES or a BOCES board member in that county would probably be
something that we might want to think about amending.
Just a quick minute, I just -- I think it was very nice
that in the memo it was carefully worded that it's not negatively or
positively impacting, but the reality is local IDAs get demonized often
when a lot of these folks don't necessarily have an interest in giving
these tax breaks out to companies that maybe don't need them to
survive. But the dynamic is we need to compete with Connecticut,
Pennsylvania, New Jersey, other states that are more affordable, where
our State is not, and the incentives are given so that we can compete,
not that companies need them to exist and to function. Sometimes
they do, but obviously an Amazon and some of those other larger
companies, it's more about competing to get them here to provide the
economic value.
I also think when it comes to engaging school
districts, we haven't had a lot of those conversations because it's easier
to be able to just write a letter and say, We're against this, it's going to
hurt us fiscally. But the reality is, when you have vacant property,
you're paying taxes on that vacant property. When you have a
company come in and you create a Payment In Lieu of Taxes, you're
not taking away any benefit or any potential revenue from a school
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district, you're only adding to it after year and year and year. So that
is something I just wanted to note on the record, because there's a lot
of folks from all walks of life that just don't understand that value and
that concept, as well, when it comes to IDAs.
And that is all I have on the bill, Mr. Speaker. Thank
you.
ACTING SPEAKER AUBRY: Thank you, sir.
Mr. McDonald.
MR. MCDONALD: Thank you, Mr. Speaker.
On the bill.
ACTING SPEAKER AUBRY: On the bill, sir.
MR. MCDONALD: I want to thank the sponsor,
particularly for the amendments made for this legislation. Labor and
education are critical stakeholders when it comes to economic
development in a community. Prior to coming here to the Legislature
12 years ago, I served as Mayor for 13 years in Cohoes, but I also
during that 13 years was Chair of the IDA and also President of the
LDC, one-stop-shop. And my first initiative in 2000 was to have the
school board designate a board member to be part of the IDA, because
economic development's about partnerships. It's not about he versus
she, it's not about us versus them. Sadly, and we're hearing this from
both sides, IDAs sometimes get villainized when they're trying to
move forward with economic development. The truth of the matter is
the tax climate in this State is challenging. A lot of the burdens to
building items are challenging; well-intentioned, but challenging.
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And sometimes when a entity is making a decision of maybe it's
Cohoes versus Colonie, or whether it's New York versus Kansas, it
does boil down to a lot of things. Energy's one of them, but numbers
and -- and the ability to make it happen is another.
So I thank the sponsor for moving this legislation
forward, I thank the Speaker as well. I think this is logical. No one's
being dislodged. We're adding a position and in the future if
somebody decides to get off, then we move back down to the regular
number. This is a very smart way of accomplishing this -- this
initiative. And I'll also take a moment to say, you know, we spend a
lot of times talking, lambasting, villainizing IDAs. LDCs seem to be
going about their way without much oversight. Quite frankly, it's time
that we, now that we have labor and education on board, that maybe
we take a look at what is economic in 2024? IDAs are so 1950s
language, and economic development is measured differently now.
It's not just on jobs created, it's economic impact. And maybe as an
effort next year, maybe we can take a larger look at this.
So once again, thanks to the sponsor.
ACTING SPEAKER AUBRY: Thank you, sir.
Mr. Goodell.
MR. GOODELL: Thank you, sir. Would the sponsor
yield?
ACTING SPEAKER AUBRY: Ms. Solages, will you
yield?
MS. SOLAGES: Yes.
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NYS ASSEMBLY MAY 29, 2024
ACTING SPEAKER AUBRY: The sponsor yields.
MR. GOODELL: Thank you, Ms. Solages. Just a
little -- a few follow-ups. So, in my county I have 17 school districts.
This bill would require either a school superintendent or a member of
the school board to serve on our IDA, correct?
MS. SOLAGES: Yes. So the appointing authority
would essentially appoint a -- an individual who is either a school
member or a superintendent.
MR. GOODELL: And of course as was mentioned
between you and my colleague, there's a temporary increase in size,
but presumably, the first person that comes up for renewal will be
kicked off?
MS. SOLAGES: No, it's whoever -- whoever vacates
their seat. So if it's a person choosed [sic] to leave the IDA board,
then they -- they vacate, and then ---
MR. GOODELL: But the -- the first two people --
MS. SOLAGES: -- and then it, you know, through
time it returns to its -- its normal size.
MR. GOODELL: So the first two people who vacate
or whose term expires are off, right? They either have to resign or
when their term is up, they're off.
MS. SOLAGES: So, it's the seat -- the members are
vacated, yes. So -- I just wanted to confirm.
MR. GOODELL: So, I have tremendous respect for
my school superintendents, they've gone through a lot of training and
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NYS ASSEMBLY MAY 29, 2024
education and experience in school administration. Most of them, in
fact, I'm not aware of any of them that have focused on economic
development or industrial development or those types of issues
because they're experts in schools.
MS. SOLAGES: So --
MR. GOODELL: So my question is, what makes you
think that a school board superintendent in my county has more
expertise than any of the existing members?
MS. SOLAGES: So, two things. So, you know,
school board --
MR. GOODELL: Oh, by the way, just so we're clear,
the local appointing authority now, as my colleague Mr. McDonald
mentioned, they can appoint a school district superintendent under the
current law, right? They can do that.
MS. SOLAGES: Which question do you want me to
answer first?
MR. GOODELL: Okay, so let me order them for
you.
MS. SOLAGES: Okay.
MR. GOODELL: First question: Under current law,
the local appointing authority can appoint a school superintendent to
the IDA board, correct?
MS. SOLAGES: Yes.
MR. GOODELL: And under current law they can
also, if they want, appoint a member of the school board on the IDA
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NYS ASSEMBLY MAY 29, 2024
board, right, under current law?
MS. SOLAGES: Yeah.
MR. GOODELL: And so having that universe of
potential applicants, including school board superintendents and
school board members, my local government has decided that the best
seven people do not include one of those. What makes you think, or
this Legislature think, that a school board member or a school
superintendent is more qualified than any one of the seven that were
already selected by the local appointing authority with full knowledge
that they could have appointed somebody else, like a school
superintendent?
MS. SOLAGES: So -- and we're not comparing
board members, because it's up to local control to decide that. But,
you know, other regions have --
MR. GOODELL: But two of them will be thrown
off.
MS. SOLAGES: -- implemented models where
school boards and economic development agencies work together to
forecast the impacts of development on, you know, faced by the
community. So it's been proven to be effective and it's proven to show
that revenue has increased.
MR. GOODELL: But if --
MS. SOLAGES: But in addition, just -- just to your
point, you know, school board members have a vested interest in local
property taxes because they're directly impacted by school funding.
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NYS ASSEMBLY MAY 29, 2024
So they understand the metrics, so they have a particular expertise that
they can bring to the table when considering these economic
development projects and also land use. And also consider that, you
know, when you're building certain items such as housing, how that
would impact the local communities and local schools.
MR. GOODELL: But we've already --
MS. SOLAGES: And so it's going to be --
MR. GOODELL: We've already agreed that all those
--
MS. SOLAGES: -- it's going to be a holistic
conversation.
MR. GOODELL: Excuse me. We already agreed
that the local appointing authority can already consider all those
positive factors in deciding whether to appoint one of those
individuals, correct?
MS. SOLAGES: Yes.
MR. GOODELL: They can already consider that.
MS. SOLAGES: But this would stipulate that all --
MR. GOODELL: So my question is --
MS. SOLAGES: -- all IDAs do the same because
we've seen that this is an effective model. You know, we've see that
IDAs --
MR. GOODELL: Oh, wait, wait. You've seen that as
an --
MS. SOLAGES: -- all over the State --
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NYS ASSEMBLY MAY 29, 2024
MR. GOODELL: -- effective model in my county?
ACTING SPEAKER AUBRY: Members, members.
Can we kind of give each other a little room to answer?
MR. GOODELL: I'll step a little bit back.
ACTING SPEAKER AUBRY: And a little bit of
patience as she answers your questions.
MR. GOODELL: Thank you. So what do you know
about any of the seven existing members in my county?
MS. SOLAGES: So, I know that there's many IDAs
that are currently operating that have labor, that have school board
members, and they're able to have economic development projects
that benefit the community. So we've seen the positives, and I'm sure
there's negative examples, but (inaudible) about community
engagement and engagement and giving the local control to the local
entity so that they can, you know, appoint individuals. And they have
the say of who to appoint. They can appoint an individual who might
understand some of these qualifications and have expertise. And also
just to your question, you said, you know, how do they have -- how do
they know about the nuances of IDAs. This House has passed
legislation to ensure that IDA board members are trained before they
start serving. So that's under the Public Authorities Accountability
Act of 2005, and also the Public Authorities Reform Act of 2009 that
requires, you know, not only reporting, but training for IDA board
members. So they're trained in the nuances of the IDA so that they
understand when sitting on the board how to, you know, deliberate on
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NYS ASSEMBLY MAY 29, 2024
these -- on these, you know, projects.
MR. GOODELL: Thank you very much.
On the bill, sir.
ACTING SPEAKER AUBRY: On the bill, Mr.
Goodell.
MR. GOODELL: All right. We have 62 counties in
this State, and we have over 1,500 municipalities, and not all of them
have an IDA. But I would challenge any member in this Legislature
to name any one of the members of my county's IDA without looking
it up on Google. Let me make it easier. I challenge any one of you to
name any single member of an IDA that's not in your own county.
Well, if you don't know a single member outside of your own county,
then what makes you think you're qualified to say that two of them in
each county will lose their position because of this legislation unless,
by chance, they happen to be a representative or a member of the
school board or a school superintendent or labor leader? What makes
us think that we know better than every one of those independent
elected officials that make that decision on who's the best qualified for
their IDA? If you don't know a single one of them or any of their
backgrounds, then what gives you the right to say two people have to
be thrown off so that we, for political reasons, can appoint some
special interest group? My county IDA has always had a labor
representative. God bless them. From time to time, they've had a
school representative. God bless them. They're focused on what's
best in their community, I'm sure your IDA is focused on what's best
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NYS ASSEMBLY MAY 29, 2024
in your community. They're focused on having the best qualified
people and it's none of our damn business to tell them that they should
select somebody else.
ACTING SPEAKER AUBRY: Ms. Walsh.
MS. WALSH: Thank you, Mr. Speaker. Will the
sponsor yield for just a couple of questions?
ACTING SPEAKER AUBRY: Ms. Solages, will you
yield?
MS. SOLAGES: Yes.
ACTING SPEAKER AUBRY: Ms. Solages yields.
MS. WALSH: Thank you very much. Just a couple
of follow-ups. It's been a little while since I sat on my county IDA
and I'm trying to -- I don't know Statewide what's the case, it -- was it
mentioned earlier, what is the -- the largest size that an IDA can be in
terms of number of members?
MS. SOLAGES: So, statutorily IDA -- the board has
to be comprised of seven individuals.
MS. WALSH: At a maximum.
MS. SOLAGES: At the maximum.
MS. WALSH: Okay. What -- is there a minimum
number? Is it three; did I hear that correctly?
MS. SOLAGES: I -- I don't believe there's a
minimum, but I think three is probably the minimum to -- to
deliberate on projects --
MS. WALSH: To have an odd number of
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NYS ASSEMBLY MAY 29, 2024
individuals.
MS. SOLAGES: -- to have odd -- yeah.
MS. WALSH: Okay.
MS. SOLAGES: Because you can't just have one.
MS. WALSH: Yeah, okay. That's kind of what I
thought. Let's -- let's assume for the moment that the minimum
number that an IDA could have, and I know there are, I looked it up
quickly, I think 107 IDAs in New York State. So out of those 107,
let's say that there are some that have three members. This legislation
would -- would require that two -- eventually, two of those members
be specific individuals with specific expertise either in school or in
union matters, correct?
MS. SOLAGES: Yes, yes.
MS. WALSH: Okay. Do you know, because I don't,
I don't remember back that far, is training required of IDA members?
Do they have to go through training?
MS. SOLAGES: Yes. So, according to the -- the
Public Authorities Accountability Act of 2005, and then we also
modified it in the Public Authorities Reform Act of 2009, there are
requirements for training for IDA members, and also ethics
requirements for them as well, so they understand conflict of interest
and whatnot.
MS. WALSH: Okay, very good.
MS. SOLAGES: So between those two reforms, that
defines it.
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NYS ASSEMBLY MAY 29, 2024
MS. WALSH: Was there -- was there any
consideration made to the idea of perhaps instead of requiring that
certain individuals be on the IDAs with the specific experience in
union matters or in school, that perhaps requiring all IDA members to
be trained and informed about either obligations or sensitivities or
concerns of unions and school boards be part of their training?
MS. SOLAGES: So, you know, every IDA board
member has their different perspectives and, you know, we want to
make sure that there was an individual who had, you know, deep
knowledge and experience of educational matters, as well as labor
matters, too -- as well.
MS. WALSH: Okay. Thank you very much for
answers.
Mr. Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill, ma'am.
MS. WALSH: Thank you. So, I -- I thought it was
interesting that the sponsor indicated that part of the reason for this
bill was to encourage local control and local say, but we're -- but then
I thought, well, that's interesting because we're -- we're doing it
through a State mandate that's -- that's coming in. How ironic is that?
We -- we want to encourage local control and local say, but we're
doing it through a State mandate. I -- I think that the training idea
might be a better idea than to actually require a couple of individuals
to actually sit and be on the IDA. Again, as has been said by my
colleagues, you know, if that is the choice of a particular appointing
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NYS ASSEMBLY MAY 29, 2024
body to specifically choose, then so be it. That -- that's great. But to
mandate it I think is -- is not the best way to go, particularly when you
consider that if, as was said during debate, that the smallest IDA could
be three members and this bill would require two -- eventually, I
understand that there's idea that you could add those members and
then through attrition go back to your original number, but it -- it's
possible that two out of those three members could be mandated to be
certain specific individuals, being specifically union or -- or school.
So I -- I don't -- I don't support the bill as it's
currently -- as it's currently laid out. I think that local -- the real way
to ensure local control and local say is to not take up pieces of
legislation like this. So I'll be in the negative, and thank you very
much, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you.
Mrs. Peoples-Stokes for the purposes of a
announcement.
MRS. PEOPLES-STOKES: Mr. Speaker, we're
moving right along on our committee work as we're in process of this
debate, so if we would now call the Government -- the Local
Governments Committee to the Speaker's Conference Room,
immediately.
ACTING SPEAKER AUBRY: Certainly. Local
Governments, Speaker's Conference Room immediately, please.
And Ms. Giglio.
MS. GIGLIO: Thank you, Mr. Speaker. Will the
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NYS ASSEMBLY MAY 29, 2024
sponsor yield?
ACTING SPEAKER AUBRY: Ms. Solages, will you
yield?
MS. SOLAGES: Yes.
ACTING SPEAKER AUBRY: Ms. Solages yields,
ma'am.
MS. GIGLIO: Thank you. So, what if -- I mean, I
know that we wouldn't have any problems getting a labor board
member onto an IDA board, but school board members are volunteers.
The school board -- being on a school board takes a lot of time, the
training for IDAs takes a lot of time. I know because I appointed five
IDA members when I was on the Town Board in Riverhead, and I -- I
see sometimes that school board members even have a hard time
coming to IDA meetings because they're at home cooking -- you
know, doing whatever with their families. So what happens if they
advertise for a school board member or a superintendent to be on an
IDA and nobody jumps at the position? Do they have to advertise that
every year until they get a school board member on the IDA?
MS. SOLAGES: You know, speaking with my local
school districts, and this bill was supported by the School Boards
Association, you know, I don't think that there's gonna be any issues
finding individuals to serve on -- serve in this capacity because, you
know, we give local control so the local entity can appoint either a
school board member or -- or a superintendent.
MS. GIGLIO: Yeah, and I -- I know, because like I
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said, I've appointed many members to the IDA board and, you know,
they understand once they're in the role what their position actually is
and should be after the training and what have you. But I'm just
saying, for instance, no -- there is no school board member or a
superintendent that wants to be on the IDA board, then what?
MS. SOLAGES: So there's a solicitation that goes on
and, you know, I -- I think that there are individuals who want to
serve. You know, there are many school board members and
superintendents who want to be engaged. Even, you know, just
proposing this legislation I had a superintendent who wanted to
participate and looked forward to, you know, submitting his resume to
be considered on the IDA board. So, you know, I think that there's
gonna be many opportunities for people to serve, and I think we're
gonna have a surplus of individuals wanting to serve.
MS. GIGLIO: But what if they don't?
MS. SOLAGES: So --
MS. GIGLIO: I live in a small town, I live in
Riverhead Town, there's 34,000 in population. We have one school
district, the school board members are volunteers. You know, we've
put it out there in the past for a school board member or for anybody
to be on the IDA board and nobody really came forward. So what
happens --
MS. SOLAGES: You said nobody came forward, but
you said you appointed five individuals.
MS. GIGLIO: Well, five individuals from the
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community, not school board members or labor board members. So
what happens if no school board members come forward and say they
want to serve on the IDA?
MS. SOLAGES: I -- I think that's not a realistic
hypothetical.
MS. GIGLIO: Well, you need a solution to that
because they may not want to be. Like I said, they're volunteers.
They don't get paid to be on the school board, they spend a lot of time
in school board meetings and executive meetings, and they may not --
MS. SOLAGES: What if there's too many school
board members who are interested?
MS. GIGLIO: -- want to take away from their
families to serve on an IDA board. So if nobody from the school
board or the superintendent wants to be on the IDA board, you don't
have an answer as to what happens?
MS. SOLAGES: So this bill allows for the local
entity to appoint a school board member or a superintendent, and I just
don't believe that there's going to be a scenario where they're not able
to find an individual who wants to serve, because I -- you know, I do
believe that schools want to be engaged in this process. You know,
they -- they deal with PILOTs and school funding issues, and they
want to be able to serve in a capacity that will promote a collaborative
effort between economic development and education. And like I said,
the School Board [sic] Association has endorsed this bill and supports
this bill because they've heard loud and clear from their members that
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NYS ASSEMBLY MAY 29, 2024
this is something that they are interested in participating. The New
York State School Boards Association --
MS. GIGLIO: I agree -- listen, I'm -- I'm going to be
supporting the bill. I agree that there should be a school board
member and there should be a labor board member on the -- on the
IDA. But I -- I want to know what the mechanism is if nobody, you
know, goes to the position and then, you know --
MS. SOLAGES: It would be the same mechanism
that's currently in law for, you know, if they cannot find a -- a person
to serve on an IDA board, they would just have to keep searching for
an individual. But, you know, school boards have multiple members,
you know, there are multiple superintendents. You know, I -- I think
that there are going to be --
MS. GIGLIO: Well, we only have one -- in -- in
Riverhead Town, we have our own IDA --
MS. SOLAGES: No, I mean multiple
superintendents, excuse me. But there's also different calibers of
superintendents. There's superintendents of schools, there's
superintendents of curriculum, the superintendents of, you know,
different --
MS. GIGLIO: We don't have that.
MS. SOLAGES: -- you know, there's multiple
superintendents within different school districts.
MS. GIGLIO: Yeah, we don't have that.
MS. SOLAGES: So I -- I think that we're gonna have
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a multiplicity of individuals who are interested in serving.
MS. GIGLIO: Okay. Well, we don't have that in the
Town of Riverhead. And the Town of Riverhead does have their own
Industrial Development Agency and, I don't know, it's really --
MS. SOLAGES: And if that --
MS. GIGLIO: -- a thankless job, honestly. I mean, in
speaking to the IDA members that on there, you know, they get
criticized when they go to the supermarket or whether -- it's a very
small town. So I don't know, I just think it would be difficult, but
thank you very much.
MS. SOLAGES: But just to your point, that's why it's
so important that we need to educate and engage communities. You
know, already there's conversations being had about what IDAs do,
whether there's a negative or positive impact. But fostering
conversations and ensuring that there's collaboration between different
entities, such as the school community and economic development
only strengthens the process --
MS. GIGLIO: I agree.
MS. SOLAGES: -- of economic development within
our communities. So I think --
MS. GIGLIO: I agree.
MS. SOLAGES: -- this is an opportunity for us to do
that.
MS. GIGLIO: Thank you.
And, Mr. Speaker, on the bill.
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NYS ASSEMBLY MAY 29, 2024
ACTING SPEAKER AUBRY: On the bill, ma'am.
MS. GIGLIO: Okay. So, I think it's very important
to have school board members because, you know, sometimes we
have school board members or a superintendent that will write a letter
to an IDA saying, you know, We're concerned about this, or, We
object to this. And, you know, it's really not enough unless the voice
is actually there and their voice is reported in the local media which
lets the community know what the position is. Because, you know,
right now in the Riverhead School District they're -- they are busting
at the seams. They have so many kids enrolled in this school, they
applied for budget increases. They recently got a 5 percent increase,
but still have to lay off 50 people. And there's really no room for
expansion in the school district. The district office just moved down
the road to open up, you know, the old district office to PPS, pupil
services. So right now in the Riverhead School District there are
1,467 units being proposed, and the impact that that would have on
the school district without having a school board member on the IDA
to express what the concerns are is really very troubling to me that
they can just build that number of units in a different town that attend
the Riverhead School District. I -- I think it's -- the school board
members knows what the school district can handle, and based on the
type of housing can weigh in on what the applicant for the housing
project can do to help alleviate some of the burden to the school
district. And labor definitely should have a position on because they
can identify inflated costs, which is why applicants sometimes go
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before the IDA to say, The project's going to cost me $40,000 -- $40
million, but a labor person can say, No, based on construction
standards that may only cost $20 million. Do you really need the IDA
benefits? And all of that can be evaluated, especially if there's State
money involved in the project, which a lot of these affordable housing
and housing projects have, is State funding to make sure that those
projects are being built with prevailing wage, with apprenticeship,
with project labor agreements if they can get them, and I think that's
the next step that should be expanded. Because if State money is
funding these projects, then these projects should be paying a living
wage for the employees that are building those projects.
So I -- I support the bill. I -- I feel that we should
probably be looking at maybe nine members instead of seven so that
nobody does lose their position on the IDA, but that can sometimes
get complicated when you increase the numbers on a board of
decision makers. So, I am supporting the bill and I'm hoping that we'll
be able to get a school board member that wants to be on it. I highly
doubt it, but I'm supporting the bill. So thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. Will the sponsor yield for a question?
ACTING SPEAKER AUBRY: Ms. Solages, will you
yield?
MS. SOLAGES: Yes.
ACTING SPEAKER AUBRY: The sponsor yields.
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MRS. PEOPLES-STOKES: So, Madam Sponsor, in
my county, Erie County, the IDA is made up of several key interest
groups that is the reason why, I believe, the economy and particularly
the economy in the City of Buffalo is doing much better now than it
did in years past. So on that board is Denise Abbott. She is the
President -- no, no, no, not Denise Abbott, Denise McGowan. She is
the -- from the Association of the County's school boards. So would
her position from that association be permittable in your legislation?
MS. SOLAGES: So it says shall -- so reading from
the legislation, shall members -- such members may include
representatives of local government, school and business, and shall at
least include a representative of local labor organizations and either a
school district superintendent or a representative of a school board.
So my belief is that --
MRS. PEOPLES-STOKES: So the County
Association of School Boards would be a -- would be perfect for that.
So I just wanted to be clear on that, and -- because I think there is a
county association of school boards in most every county. And so
even if there is the issue that was mentioned by -- previously by our
colleague, that it could be dealt with at that level.
The second point I want to ask is because there's so
many different IDAs across the State of New York and they all are
different sizes, do any of them have term limits?
MS. SOLAGES: So, they don't have term limits, but
they do have a term. So their term does end and the appointing
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authority would have to reappoint them.
MRS. PEOPLES-STOKES: So if their terms are
five years, your term is up, the appointing authority, which could be
the county, which could be the city, which could be whatever entity
got you there, would have to reappoint you, or they could reappoint
someone who fits what your legislation is suggesting?
MS. SOLAGES: So, they would appoint someone
either with the school board -- well, there currently will because
they're allowed to expand -- they will currently have a school board
member and an individual with, you know, labor affiliations. And
so --
MRS. PEOPLES-STOKES: Okay, so that -- that's a
given that there isn't already those two positions in place in some
IDAs.
MS. SOLAGES: Well, yes -- so yeah, to your point,
so if they already qualify, then they don't -- they meet the standard, so
they don't need to expand.
MRS. PEOPLES-STOKES: Thank you. Thank you
very much.
Mr. Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill, ma'am.
MRS. PEOPLES-STOKES: I actually see this as a
valuable solution to what could enhance economic development for
all citizens. And the reason I say that is because sometimes we look at
IDAs or business communities or business operations and think that
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they only look one way and they only come from one experience.
And with that limited view, we actually limit our economic
development capacity. And so sometimes I think it's okay to want to
see an expansion on that. And I probably would not be able say this if
I didn't see it happen in own community when there were
opportunities for other people who had not been ever given an
opportunity to serve in these positions, was given. Like right now, the
President of the NAACP is on the IDA board. The former President
of the Buffalo Urban League is on the IDA board. They bring an
experience to that board, the same objective, by the way, to create jobs
and employment and economic development for the community they
live in, except rather than the person who has been there the longest --
and, by the way, I'm not gonna say they didn't serve well, but they
didn't serve all. And so sometimes if you want all to be served, you
need to have all at the table.
And so I want to commend, you know, the sponsor
on this legislation, and I can realize how challenging it could be for
people to say, you know, There's nothing wrong with my IDA. I
guarantee you that 20 years ago some people would have said that
about Erie County's. They can't say that anymore, they can say, Our
IDA is better. And I believe yours will be better, too, if you will allow
a new level of citizens to serve. Thank you.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: A party vote has
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been requested.
Mr. Goodell.
MR. GOODELL: Thank you, sir. The Republican
Conference is generally opposed, but I expect several of my members
will also support this and they should do so by voting yes at their desk.
Thank you, sir.
ACTING SPEAKER AUBRY: Thank you.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. The Majority Conference is going to be in favor of this piece
of legislation; however, there could be a few that would desire to be
an exception. They should feel free to do so at their seats. Thank you,
Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you.
The Clerk will record the vote.
(The Clerk recorded the vote.)
Mr. Lavine to explain his vote.
MR. LAVINE: Thank you. I want to recognize the
efforts of the sponsor. I once served as counsel for an Industrial
Development Agency, but that was quite a few years ago. And that
was during the days when IDAs, even those in neighboring
communities, did not compete with each other. So it's a very
competitive atmosphere today, and the developers and their attorneys
have become very skilled at manipulating one community IDA against
another community IDA. At great risk are our school districts, who
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depend on funding, municipal funding and taxpayer funding, to be
able to maintain their programs. Having someone from labor, having
someone from a school district on an IDA is nothing more than a
needed check and balance on today's business enterprises.
So I think this is a great idea, it is not a panacea. But
not too many of the bills that we do pass are panaceas, but it's a
certain step in the right direction and I'm very pleased to support it.
Thank you.
ACTING SPEAKER AUBRY: Mr. Lavine in the
affirmative.
Mr. Smith.
MR. SMITH: Thank you, Mr. Speaker, to explain
my vote. I'm supporting this bill. On Long Island, particularly in
Nassau and Suffolk County, in my opinion I think that the IDA
process sometimes is an unfortunate one. It's become so unaffordable
to do business in the State of New York, particularly Downstate, that
we oftentimes have to create these huge incentive packages,
sometimes dealing away contributional local property taxes for 30
years, one such development in my district. And I think it's important
to have a voice of labor, but also a voice of education involved in that
process.
I think if you speak to most of your constituents, I
know myself, the biggest issue people talk about are our property
taxes. Seventy percent of the property tax bill that local folks pay
from where I come from goes to the school districts. And the school
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districts rely on property taxes and -- in addition to the -- the State,
you know, school aid to -- to fund their operations. So when they are
not being considered in these decisions being made, oftentimes a
development will come up and say, We'll have 40 children living in
this development, but then they'll get benefits accordingly based on
that tax impact, but they might have 140 students that come from that
development.
So I think it's critical that we have representatives
from education on that to hopefully look at some of these applications
and say, You know what? Maybe you want to sharpen your pencil a
little bit. And in addition, having labor representatives, I know down
in Suffolk County we have that on many of the IDA boards and it's
proven critical when applications are coming forward. It's a unique
perspective.
So for that reason, I support this bill. Thank you.
ACTING SPEAKER AUBRY: Mr. Slater.
MR. SLATER: Thank you, Mr. Speaker. I also
wanted to just lend my voice in support of this legislation and thank
the sponsor for bringing it forward. In my district in both Westchester
and Putnam County, we already have labor representatives on our
IDAs and it's proven to be very beneficial for the projects that have
come in. It helps the industry, it helps to make sure that the jobs that
are created are high-quality and local jobs, and it also protects
taxpayers by making sure that they are, in fact, real projects that are
coming to the table benefitting from the IDA benefit packages that are
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NYS ASSEMBLY MAY 29, 2024
being offered. Also not to mention the knowledge base that is brought
to the table as well, when you have members of labor sitting at the
table, having these discussions with members of the business
community. Again, Westchester is represented by IBEW, and in
Putnam County we have a member of the Carpenter's Union that
already sit on these boards. And I just want to echo what my
colleague had just said about schools as well. In Westchester and
Putnam County also, school taxes making up more than 70 percent of
total tax bills, very important for them to be part of these
conversations as well, and to be acknowledged when it comes to the
IDA benefits that are being offered for these development projects.
And so with that, I will be supporting it and I
encourage my colleagues to do the same. Thank you very much, Mr.
Speaker.
ACTING SPEAKER AUBRY: Mr. Slater and Mr.
Smith in the affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, would you
please call the Real Property Taxation Committee to the Speaker's
Conference Room for a meeting immediately?
ACTING SPEAKER AUBRY: Real Property
Committee [sic] in the Speaker's Conference Room immediately,
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NYS ASSEMBLY MAY 29, 2024
please.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. I have the pleasure, on behalf of our colleague Ms. Cruz to
introduce Girls Rule the Law, Inc. It was founded in 2016 by Mirna
Santiago, she's an attorney. And since its inception, it has committed
to fostering a more representative society by creating pathways to
legal, legislative and judicial fields for underrepresented and
underprivileged youth, particularly in middle and high school girls.
Their mission is to inspire and empower these young women by
providing them with exposure to accomplished professionals in these
fields through engaging events, school-based programs and personal
mentorship opportunities during speed mentoring programs. Each
year nearly 1,500 individuals participate in their in-person events.
Mr. Speaker, would you, on behalf of our colleague
Ms. Cruz, please welcome these amazing young women and their
mentors and sponsors to our Chambers. I believe these young ladies
have been here before. I was admiring of what they do then, and I
certainly do even more so admire what they do now and the capacity
for where they're going in life. Mr. Speaker, please offer them the
cordialities of the House.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mrs. Peoples-Stokes, Ms. Cruz, the Speaker and all the members,
ladies, we welcome you back here to the New York State Assembly.
We extend to you the privileges of the floor. Really grateful that you
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NYS ASSEMBLY MAY 29, 2024
are here, in fact, to witness one of the debates that we have as we
proceed to try and do our part in making new laws. I hope this has
been beneficial to you. I hope it will inspire you to continue you on
this journey that you have begun. And know that there are places here
in this Body for you, as well as in the other House, no matter how it
turns out. Thank you again so very much. We're so pleased have you.
Thank you to the staff that has brought you and your advisors. We
appreciate the fact that you're paving the way for these young people
to improve this State and this country and this world. Thank you so
very much.
(Applause)
Page 9, Rules Report No. 113, the Clerk will read.
THE CLERK: Assembly No. A09003, Rules Report
No. 113, Eachus, Dinowitz, Kelles, Colton, Alvarez, Stirpe, Ramos,
Reyes, Burdick, Taylor, Walker, Darling, Jackson, Cunningham,
Simon, Sillitti, Gunther, Aubry, Santabarbara. An act to amend the
Civil Service Law, in relation to preventing outsourcing during a
hiring freeze.
ACTING SPEAKER AUBRY: Mr. Eachus, a
explanation has been requested, sir.
MR. EACHUS: Thank you. This bill would provide
that while a hiring freeze is in effect for State workers, Executive
agencies shall be prohibited from contracting, subcontracting or hiring
any third party to perform services that would ordinarily be performed
by a State employee subject to a collective bargaining agreement. By
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preventing the outsourcing of State services, this bill will protect the
job security of our dedicated public employees. It will also ensure
that New Yorkers continue to receive high-quality State services and
promote transparency and accountability for the State.
ACTING SPEAKER AUBRY: Mr. Goodell.
MR. GOODELL: Thank you, sir. Would the sponsor
yield?
ACTING SPEAKER AUBRY: Mr. Eachus, will you
yield?
MR. EACHUS: I will.
ACTING SPEAKER AUBRY: The sponsor yields,
sir.
MR. GOODELL: Thank you. I just had a couple of
questions to make sure I understand this bill. Now, this bill would be
triggered by a hiring freeze even if nobody was actually laid off; is
that correct?
MR. EACHUS: That's correct.
MR. GOODELL: And it would apply if there was a
hiring freeze even if no one left the department or agency that was
affected. In other words, day one of a hiring freeze, full staffing, this
would kick in; is that correct?
MR. EACHUS: Correct.
MR. GOODELL: Now, it would also apply, of
course, if there's a hiring freeze and there's a substantial reduction in
staffing as a result of attrition, correct?
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MR. EACHUS: Correct.
MR. GOODELL: So under that type of scenario, let's
say there's a substantial reduction in staffing as a result of attrition and
a critical function needs to be performed. Would this law then require
that existing employees double up on already overworked schedules?
MR. EACHUS: There is a possibility that could
happen, should the rehiring or hiring of individuals into those spots
not occur right away.
MR. GOODELL: Is there a waiver under this in the
situations, for example, where the employees want help for a special
project or a particular project?
MR. EACHUS: I would say that if employees want
or need help, that we should have those people within our departments
to fulfill that need.
MR. GOODELL: So you're saying that if there's a
special project, maybe it's limited in time or duration, say
three months, this would force the State to bring in employees off a
Civil Service list and hire them for three months and then lay them off
and incur unemployment?
MR. EACHUS: That is a possibility, but again, we
go back to the way that you had started this. This is only during a
hiring freeze.
MR. GOODELL: Now, what if during a hiring freeze
there is an emergency, like a tornado or a superstorm or something of
that nature where a municipality, even with full staffing, would
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typically reach out and subcontract for assistance maybe in clearing
the roads or cutting debris or removing debris or whatever? Even in
an emergency, this would prohibit the subcontracting of critical
services?
MR. EACHUS: Well, you started the statement with
"municipalities", and this does not apply to municipalities.
MR. GOODELL: Well, let's -- let's say the State of
New York, then, right? I mean, let's say there's a superstorm on Long
Island. This would preclude the State of New York from seeking
private contractors to assist in the cleanup if there was a hiring freeze
at that time?
MR. EACHUS: Well, I believe we already have
cooperative agreements with temporary help, you know, in certain
circumstances of emergency.
MR. GOODELL: Right, but this would -- this would
eliminate those temporary agreements, right?
MR. EACHUS: No, I don't believe it would -- no.
Again, this is during a hiring freeze when we're bringing somebody in
where we have laid people off from those jobs --
MR. GOODELL: Well, this is not --
MR. EACHUS: -- and they're filling in for those jobs
that we've laid them off from.
MR. GOODELL: But just to be clear, this would
apply even if there's no layoff, correct?
MR. EACHUS: I'm -- I'm sorry, repeat the question.
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MR. GOODELL: Sure. Just to be clear, this would
apply even if there's no layoff, correct?
MR. EACHUS: Well, the Executive can -- if it's an
emergency -- if we're still talking about that emergency situation, the
Executive can, you know, do away with this temporarily.
MR. GOODELL: Ah, the great power of the Exec.
MR. EACHUS: Yes, unfortunately.
MR. GOODELL: But we're all clear, this does not
apply necessarily to layoffs, right? I mean, this is triggered by a hiring
freeze, not a layoff.
MR. EACHUS: That's correct.
MR. GOODELL: Okay. Thank you very much.
MR. EACHUS: You're welcome.
MR. GOODELL: Sir, on the bill.
ACTING SPEAKER RIVERA: On the bill.
MR. GOODELL: Thank you. Under current Civil
Service Law, municipalities, including the State, are obligated to do
impact bargaining typically if they're subcontracting out work that
would otherwise be done by employees. There are times during fiscal
stress or fiscal emergencies that a municipality, including the State of
New York itself, will implement a hiring freeze. And the concept of a
hiring freeze is we're not laying off anyone, but we're gonna downsize
the workforce through attrition. And a hiring freeze is typically a
much more humane, if you will, a much more compassionate way to
reduce your costs without throwing families into chaos with a layoff.
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The problem is that sometimes when you're doing a hiring freeze, the
attrition can be unequal. I mean, you might have one department
where nobody retires and you might have another department where a
lot of people are retired. And when you have hiring freeze and there's
a lot of people retiring in a particular unit or department, the amount
of work that everyone else does goes up exponentially. And so what
happens if you're short-staffed, you're an employee, you're working as
hard as you possibly can, and a critical project comes up that needs
additional work? In that situation, you might be begging your boss to
hire some temporary help to help you. You might be begging your
boss to subcontract with a third party, Please help us. We're
understaffed, overwhelmed. We need help. And this bill says that it
would be illegal for any State agency to help out any of those
beleaguered employees by reaching out to the private sector even if
it's just for a temporary but critical project.
I appreciate my colleague's desire to make sure that
employees are not replaced by third parties without an opportunity for
employees to do it, but a blanket ban I think goes too far. Thank you,
sir.
ACTING SPEAKER RIVERA: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
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Mr. Goodell to explain his vote.
MR. GOODELL: Thank you. I appreciate my
colleague's desire to make sure that employees aren't laid off and
replaced by subcontractors, although in a hiring freeze no employees
are laid off. I actually think the most compassionate thing for our
employees is to give the State the authority on a temporary basis to
hire some help for them. And for that reason, I will not support the
blanket ban. I certainly want to be able to do everything we can to
make the life of our employees better, including the ability to hire
help.
Thank you.
ACTING SPEAKER RIVERA: Are there any other
votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 29, Calendar No. 22, sub. The Clerk will read.
THE CLERK: Assembly No. A00530-A, Calendar
No. 22, Weprin, Otis, Paulin, Zinerman, Carroll. An act to amend the
Election Law, in relation to watchers.
ACTING SPEAKER RIVERA: On a motion by Mr.
Weprin, the Senate bill is before the House. The Senate bill is
advanced.
An explanation has been requested, Mr. Weprin.
MR. WEPRIN: Thank you, Mr. Speaker. This bill
amends Section 8-500 of the Election Law to allow attorneys who are
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State residents and licensed to practice law in New York State to be
poll watchers anywhere in the State. Under current law, a poll
watcher must be registered to vote in the county in which they intend
to serve. Attorneys licensed to practice law in New York State are not
restricted in their practices to any locality or court. They may practice
before any court in the State, as well as before the Board of Elections
everywhere in the State. There should be no restrictions on their
ability to be a poll -- to be in a polling place on Election Day.
ACTING SPEAKER RIVERA: Mr. Norris.
MR. NORRIS: Thank you, Mr. Speaker. Will the
sponsor yield for some questions?
ACTING SPEAKER RIVERA: Does the sponsor
yield?
MR. WEPRIN: I'd be happy to, Mr. Norris.
MR. NORRIS: Mr. Weprin, has there been examples
that have driven you to file this bill before the House for
consideration?
MR. WEPRIN: Well, there's been a problem in
getting attorneys to serve as poll watchers, and this just broadens the
universe to have poll watchers. And of course, as you know, there are
requirements to have poll watchers from -- from each party, major
party.
MR. NORRIS: Okay. So in terms of -- do you know
how many poll watchers can actually be there at the sites, at -- at an
election district?
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MR. WEPRIN: I have been told it's three --
MR. NORRIS: It's three.
MR. WEPRIN: -- poll watchers.
MR. NORRIS: And -- and who appoints them? Do
you know who appoints them?
MR. WEPRIN: I've been told the parties of the
lawsuit -- or the election.
MR. NORRIS: Okay. And -- and typically, who are
the poll watchers? I mean, are they party leaders, are they volunteers?
Who are they at the sites?
MR. WEPRIN: They're generally volunteers, but you
know, we need more attorneys to serve in that capacity because they're
more likely, if anything comes up, to be able to go to court and -- and
to be there with the legal background.
MR. NORRIS: Under your bill, are there equal
representation for attorneys to be present? For example, at the polling
site right now, the poll inspectors, there is equal representation,
Republican and Democrat, typically two each for inspectors. So is
there equal representation if there is an attorney, let's say a Republican
attorney who shows up at the polling site, to make sure there's also a
Democratic attorney present at that site?
MR. WEPRIN: I believe so, yes.
MR. NORRIS: So they have to be equal under your
bill? So if -- if -- they can't act if there's not another attorney present?
MR. WEPRIN: Well, I think the -- I think that's
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under current law now. The only difference is that we're allowing
attorneys that may be residents of different counties, if they're
admitted to practice in the State of New York, to be one of those
attorneys as a poll watcher in a -- in a particular county.
MR. NORRIS: Okay. So, for example, now if -- if
there's a challenge with a petition, right, and you have to go in front of
the hearing -- in front of the Commissioners, Board of
Commissioners, usually they're given an opportunity to have counsel
from both sides; is that correct?
MR. WEPRIN: That is correct.
MR. NORRIS: Okay. And if you're in the court --
courthouse and you're having a case, you're allowed to have, if you're
two parties, prosecution, defense, if you have a plaintiff, a defendant
in a civil matter, you're allowed to at least provide an opportunity to
have counsel present, right, at the hearings?
MR. WEPRIN: That is true.
MR. NORRIS: Okay. So I guess what I'm concerned
about on this bill is that you could have an attorney come there, pop
up that day and not have notice to the other side that the attorney is
actually coming there to that site. And I'm a little concerned because
as a former Elections Commissioner, it's been difficult to get poll
watchers, number one, to volunteer, but also to have election
inspectors who actually go and perform these very important duties.
And I'm an attorney myself. I know at times when you just say the
word "attorney", it can be intimidating to non-lawyers just generally
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by the title of attorney, and I have concern that if an attorney shows up
there without notice to -- to the inspectors, they may feel a sense of
intimidation or concern about them doing their duties. And maybe
that's something that has not been thought out in the legislation, but it
is a concern of mine by allowing this blanket authority to go anywhere
in the State of New York. I mean, there could be an army of lawyers
sent up from Queens to Niagara County, or from Niagara County to
Queens, and really have no notice and it could cause potential, I think,
chaos and intimidation at the polls while it's going on. So that's my
concern, and if you want to certainly rebut that you're certainly able
to.
MR. WEPRIN: Well, you know, one is I don't think
-- you do not have to be an attorney to be a poll watcher, as you know.
So this is just broadening the universe. As you pointed out correctly,
it's hard to get poll watchers, and certainly poll watchers that have any
form of experience or knowledge about the Election Law. So this just
broadens the universe. It really doesn't make any sense to restrict a
poll watcher to a particular county because undisputedly, any attorney
who is licensed to practice in the State of New York can appear in any
county in the State in any court in the State. So this just doesn't seem
to be consistent with that current law of people admitted to practice
law in the State of New York, and that's why the bill is -- is necessary.
It just broadens the universe for poll watchers.
MR. NORRIS: Thank you, Mr. Weprin, for
answering my question. I appreciate that.
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Mr. Speaker, on the bill.
ACTING SPEAKER RIVERA: On the bill.
MR. NORRIS: Thank you, Mr. Speaker. I just want
to say that, yes, it is true that if you're a licensed attorney you can go
practice anywhere in the State of New York, you can practice before
any board that takes place. However, in this unique circumstance,
there is typically no judge present at a polling site, there are paid
inspectors who are doing their job, equal of both parties. You have
volunteers who come there as poll watchers. And actually, the law --
a law right now currently says you have to live in the county or the
city and be a qualified voter to even serve as a poll watcher in those
areas. So I have concerns that without equal representation of
representatives who are attorneys of both parties with proper notice
that they will be on site raises alarms to me. And also, I do have
concerns about having an attorney present at the site, particularly
maybe traveling to a new jurisdiction or new area, and putting some
intimidation just by the mere fact of them being there, on our poll
watchers there. I certainly want to make sure everyone has the
opportunity to vote, and those who vote are qualified to vote. But this
is too broad. It expands it too further in the State of New York, and
for those reasons I will be opposing this bill and I encourage my
colleagues to do the same.
Thank you, Mr. Speaker, and thank you, Mr. Weprin,
for being heard.
ACTING SPEAKER RIVERA: Read the last
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section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER RIVERA: A party vote has
been requested.
Mr. Goodell.
MR. GOODELL: Thank you, sir. The Republican
Conference is generally opposed to this legislation for the reasons
mentioned by my colleague. Those who support it are certainly
encouraged to vote yes on the floor. Thank you, sir.
ACTING SPEAKER RIVERA: Mrs. Peoples-
Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. The Democratic Conference is generally in favor of this
piece of legislation; however, there may be a few that would desire to
be an exception, they should feel free to do so at their desk.
ACTING SPEAKER RIVERA: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed
ACTING SPEAKER RIVERA: Mrs. Peoples-Stokes
for an announcement.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. If you would please call the Science and Technology
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Committee to the Speaker's Conference Room immediately.
ACTING SPEAKER RIVERA: Science and
Technology Committee in the Speaker's Conference Room.
Page 39, Calendar No. 173, the Clerk will read.
THE CLERK: Assembly No. A06090, Calendar No.
173, Anderson, Meeks. An act to amend the Banking Law, in relation
to including participation in a banking development district as a factor
when assessing a banking institution's record of performance.
ACTING SPEAKER RIVERA: On a motion by Mr.
Anderson, the Senate bill is before the House. The Senate bill is
advanced.
Mr. Anderson, an explanation has been requested.
MR. ANDERSON: Thank you, Mr. Speaker. The
purpose of this piece of legislation is to amend the Banking Law to
include participation in the bank development district program as a
factor for considering and consideration of a banking institution's
record of performance. What the bill does is it creates incentives for
financial institutions that are a part of the banking development
district program on and operated by the Department of Financial
Services to be able to receive extra credit and support in that regard
for joining this program. Thank you Mr. Speaker.
ACTING SPEAKER RIVERA: Mr. Curran.
MR. CURRAN: Thank you, Mr. Speaker. Will the
sponsor yield for a couple questions?
ACTING SPEAKER RIVERA: Does the sponsor
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yield?
MR. ANDERSON: I will yield.
ACTING SPEAKER RIVERA: Sponsor yields.
MR. CURRAN: Thank you, Khaleel. So Khaleel,
we spoke about this on a couple of different points, I just want to
clarify a couple things. So, so basically, this is going to apply to every
state- chartered bank in New York, correct?
MR. ANDERSON: Yes. It's going to apply to every
state-chartered bank.
MR. CURRAN: And right now every state-chartered
bank has to get, you know, accessed through the CRA, the
Community Reinvestment Act by the DFS on a regular basis, right?
MR. ANDERSON: That's correct.
MR. CURRAN: All right. So my understanding in
creating a banking development district, three things has to happen.
One, obviously there has to be a bank that wants to create the district.
Two, there has to be a municipality that's willing to participate in that
BDD. And then third, DFS has to actually prove it, and the reason for
the municipality is the bank will actually get certain deposits if it's
willing to participate in that BDD, right?
MR. ANDERSON: That's correct. That's the process
to become a BDD.
MR. CURRAN: So Khaleel, let me ask you. Since a
bank is not alone in being able to establish a BDD, what happens in a
case where a bank is willing to and wants to create one but they can't
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find a municipality that wants to participate or for whatever reason
DFS chooses not to create that business development district? What
does a bank then do to comply with this legislation?
MR. ANDERSON: Yeah. So I think -- I think -- I
want to make sure we're understanding the bill correctly. This does --
this bill does not hinder anyone, any financial institution to become a
member of the BDD or part of the BDD program. It merely states that
if you are a member of that program then the rating that you get for
the CRA, that's considered, you know, as you're going through with
your institution. So it doesn't -- it doesn't, you know, prevent you
from becoming a BDD or being a part of the program. It just gives
you that sort of extra credit from the CRA. As you know, the CRA
looks at multiple factors. It looks at credit lending. It looks at credit
-- the ability for credit needs and assessing those for communities. It
looks at marketing. It looks at overall participation. It looks at
geographic distribution of credit programs and services for that
specific community. So I just want to be clear, this bill does not
prevent one or the other, it adds two. So it's not a negative, it's a plus.
MR. CURRAN: And thank you for saying that
because that was my major concern. So what you're saying is a bank
that either doesn't want to or can't participate in a BDD isn't going to
get penalized, correct?
MR. ANDERSON: They will not be penalized, right.
MR. CURRAN: But here's -- here's the flip side then.
So if a bank is actually able to participate because it was able to find a
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municipality and a DFS approves it, they're going to get like as you
have said, extra points or extra credit --
MR. ANDERSON: Sure.
MR. CURRAN: -- on their CRA review.
MR. ANDERSON: Sure.
MR. CURRAN: Doesn't that actually create a
scenario where if a bank who wants to create a BDD but can't, but has
an excellent CRA review, and the like you indicated, a lot of the
factors that go into CRA have to deal with the review of how that
bank is going into underserved areas with geographical information
about credit lending and products being offered in those areas of being
underserved. Isn't there a scenario where a bank that can't participate
in a BDD, has an excellent CRA rating is going to be rated lower by
DFS from a bank that is able to establish a BDD but with a lower
CRA review?
MR. ANDERSON: Yeah. So it's a really good
question, and I just want to be clear that nonparticipation is not
counted as a negative factor. One, for the BDD program and
secondly, when you think of the Community Reinvestment Act, there's
a multitude of different factors when assessing someone's CRA rating.
This is just one of those factors that we're adding to the menu of
factors. So you --
MR. CURRAN: And again, it's all with the intent of
increasing BDDs within the State, which I think we all want. We
want to encourage banks within underserved areas, but it does create a
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situation where a bank is unable to participate in a banking
development district and get a lower CRA from a bank that is able to
participate in it because of numerous factors beyond that bank's
control and has a poorer CRA review. It's just because of that extra
credit, and that is important to point out and to recognize within this
legislation if it gets passed.
MR. ANDERSON: No, and I -- and I thank you for
that. I don't read and neither do the staff, read the legislation as
causing a net negative. It's just something in addition to that you'll be
able to see. So, for example, if I'm an organization that meets the
critical factors of being in good CRA standing and then I'm also going
to apply to be a BDD and I'm in the BDD, that helps me now increase
my CRA rating if I want to go on and do something else as a financial
institution or credit institution. So that's -- that's something to warrant
but I hear your point, but I just want to reiterate that this does not
cause a net negative for those institutions.
MR. CURRAN: Just two more things.
MR. ANDERSON: Sure.
MR. CURRAN: Before we spoke --
MR. ANDERSON: Only two?
MR. CURRAN: Only two. So this only applies to
state-chartered banks, not other financial institutions say credit unions,
it doesn't apply to credit unions.
MR. ANDERSON: That's correct. We are State
legislators and we only have the responsibility over state-chartered
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institutions.
MR. CURRAN: All right. What would you say to
somebody who would allege that this is yet another requirement that
we're putting on banks that may create even a more unlevel playing
field between banks and other financial institutions that do not have to
comply with this and other regulations?
MR. ANDERSON: Sure. So I would say to those
institutions, of course New York and New Yorkers deserve the best of
the best. We want institutions that are going to serve with distinction
in our communities and particularly communities that are
underbanked and underfinanced and underresourced and this is just an
extra level of protection and affirmation for those communities who
are concerned. When we go to a store and we're looking at the
nutrition label and on the front of the product it says 13 grams of
protein, that's an additional plus as to why I may purchase that product
because I know that it has a good source of protein with 13 grams of
protein versus if it says 3 grams of trans fat, which is the not the better
item to consume health-wise, others will argue I'm not a doctor but
others will argue I'm not a nutritionist, but in any case having that
extra gold star is not going to harm the consumer. It's actually going
to ensure the consumer is more informed.
MR. CURRAN: Thank you. And the effective date
of this, this is upon the Governor's signature, right?
MR. ANDERSON: That's correct.
MR. CURRAN: Is it a little unrealistic to believe
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that a bank who is not a participant in a BDD can actually then go
about creating a BDD within the time period of the next CRA if this
becomes effective right upon the Governor's signature?
MR. ANDERSON: I'm sorry. Can you repeat?
MR. CURRAN: Sure.
MR. ANDERSON: You're a little low.
MR. CURRAN: Is it realistic to believe that a bank
can comply with this legislation if they're not already a participant in a
banking development district within that time period before their next
CRA assessment?
MR. ANDERSON: I don't think that it's -- it's -- I
don't think that there would be a hindrance. You know, as I read the
bill and as our program staff and I have reviewed the bill, again, this
bill would add on to. So if you're not able to get in on that CRA
reporting, you're still going to be acknowledged as an institution
within the BDD program, which is what they're intending to do if I
understand your question correctly.
MR. CURRAN: Thank you, Khaleel. Thank you for
the answers.
Mr. Speaker, on the bill.
ACTING SPEAKER ZACCARO: On the bill.
MR. CURRAN: So I appreciate the sponsor's
responses to my questions and I -- listen, he shares the intent of
everybody to make sure that we get banking institutions in
underserved areas as best that we can, but this particular bill, if we're
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link up being a participant in a banking development district with a
mandatory CRA review, it's unnecessary because the CRA review, as
the sponsor stated, has many factors that are derived from making sure
that they serve -- that they are in and serving underserved areas. And
the second thing that is -- that is very important is that many people
may believe that this is just yet another requirement on banks that are
going to make even a more unlevel playing field with other financial
institutions that do not have to comply with this.
So for those reasons I'm going to be opposing this
legislation. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Thank you. Read the
last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: A party vote has
been requested.
Mr. Goodell.
MR. GOODELL: Thank you, sir. The Republican
Conference is generally opposed to this legislation. Those who
support it should vote yes on the floor. Thank you, sir.
ACTING SPEAKER AUBRY: Thank you.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. The Majority Conference is going to be in favor of this piece
of legislation; however, there may be a few that would desire to be an
exception. They should feel free to do so at their seats. Thank you,
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sir.
ACTING SPEAKER AUBRY: Thank you.
The Clerk will record the vote.
(The Clerk recorded the vote.)
Mr. Anderson to explain his vote.
MR. ANDERSON: Thank you, Mr. Speaker, to
explain my vote. This particular piece of legislation, Mr. Speaker,
will provide again as stated in the debate, an opportunity for a
financial institution to increase their CRA rating. I think that this
particular program is critical as we're looking for solutions to our
underbanked and underserved communities like the ones that I
represent, and I think it's important that we support this legislation and
I hope that my colleagues will join me in voting yes. Mr. Speaker, I
will be voting in the affirmative.
ACTING SPEAKER AUBRY: Mr. Anderson in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 49, Calendar No. 436, the Clerk will read.
THE CLERK: Assembly No. A09329, Calendar No.
436, Jackson, Burdick, González-Rojas, Glick, Taylor, Raga. An act
to amend the Real Property Law, in relation to requiring landlords and
lessors provide notice to tenants about bed bug infestation.
ACTING SPEAKER AUBRY: An explanation is
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requested, Ms. Jackson.
MS. JACKSON: Okay. So this bill will require a
landlord of a residential premises to provide written notice to all
tenants of a bed bug infestation within 24 hours of having knowledge
of the infestation.
ACTING SPEAKER AUBRY: Mr. Goodell.
MR. GOODELL: Thank you, sir. Would the sponsor
yield?
ACTING SPEAKER AUBRY: Ms. Jackson, will
you yield?
MS. JACKSON: I yield.
ACTING SPEAKER AUBRY: The sponsor yields.
MR. GOODELL: Thanks, Ms. Jackson, I had a few
questions I was hoping you could help us understand how this bill
would work in practice. The bill requires a landlord to give notice to
tenants quote, "upon having knowledge of a bed bug infestation."
Would this bill require that the knowledge be to the actual owner or
could the notice come, you know, be given by a tenant to say an
employee or leasing agent or some third-party that's related to the
landlord?
MS. JACKSON: Thank you for your -- your
question, Mr. Goodell. The bill would require that the tenant -- well,
I'm sorry. The bill would require that once the landlord is made aware
of -- of the infestation, that they alert the tenants. So if the landlord
has someone else in place that's doing the work of being a landlord, of
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handling the property, then that person should be responsible for
making sure that other tenants are aware of this infestation.
MR. GOODELL: So the reference to landlord does
not mean necessarily the owner?
MS. JACKSON: It says landlord or lessor, right?
MR. GOODELL: Yes. So that would cover then not
just the owner but also a sub -- in a situation where there's a
subtenancy?
MS. JACKSON: You're asking if someone is
subleasing a place, if they're responsible for alerting the landlord?
MR. GOODELL: I mean the lessor could be the
owner --
MS. JACKSON: Yeah.
MR. GOODELL: -- or it could be somebody who
leases the building from the owner and subleases it to tenants, in
which case the lessor would be responsible and not the owner?
MS. JACKSON: Yes.
MR. GOODELL: I see. And then it requires the
landlord or lessor to provide notice to all tenants and lessees on such
premises. What type of notices would meet this statutory
requirement?
MS. JACKSON: So it says written, right? And so
written can be actual notice that you put up in the building, or it can
be an e-mail, or it can be like how my co-op does notifications. We
send out notice by our app w's, and so as long as they give out the
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notice in written form that's fine.
MR. GOODELL: So any reasonable method whether
it's text, e-mail, voicemail, obviously first-class mail, posting in the
lobby, all those would qualify?
MS. JACKSON: I would say everything except for
voicemail because it's not text. It has to be written text.
MR. GOODELL: I see. But text or an e-mail would
qualify as written?
MS. JACKSON: Would suffice, yes.
MR. GOODELL: I see. And it says not only to all
tenants and all lessees. Is there a difference between tenants and
lessees?
MS. JACKSON: In the bill?
MR. GOODELL: Yeah.
MS. JACKSON: No. It's not necessarily a
difference. It's just the language used to -- to acknowledge who
should be responsible for notification.
MR. GOODELL: Now this says the notice has to be
sent out within 24 hours. You know, in the Civil Practice Law and
Rules if you send a notice by mail, five days are added. Is the notice
to be measured from the date the letter is put in the post office or the
date of receipt?
MS. JACKSON: So this bill doesn't go into the, I
guess, the specifics because we want to make sure that it -- it gives
wide enough range for landlords to use their discretion on how to best
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alert their tenants, right? And so, as long as they -- once they are fully
aware that there is an infestation and they make attempts to alert the
tenants, they have done exactly what the bill is asking them to do
within the 24 hour period.
MR. GOODELL: Now if the landlord immediately
upon hearing of this infestation or the tenant immediately upon
learning of the infestation hires a qualified contractor or their
themselves eradicate the issue, right, does the landlord still have to
give notice?
MS. JACKSON: Yes. So the notice is about once
they have -- once they know that there's infestation, it's their duty now
to report and let people know that it's there. Whether it's already been
taken care of is not what this bill is trying to make sure it happens.
They want to make sure that people are aware that there was -- there
was or is an infestation so that they can better prepare themselves for
it.
MR. GOODELL: Is there any obligation on a part of
the tenant to report to the landlord a bed bug infestation?
MS. JACKSON: Not -- not in this bill. This bill
does not speak to that. I know in New York City there is -- there is a
request that tenants make landlords know -- aware that they have an
infestation but this bill doesn't speak to that. This bill is speaking to
making sure that the person who owns and operates the building is
letting everyone else know that there was an infestation within 24
hours.
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MR. GOODELL: Now of course if a landlord knows
of an infestation early, they can address it a lot quicker, a lot safer and
a lot less expense then if they find out a lot later, right?
MS. JACKSON: I agree.
MR. GOODELL: If a tenant fails to notify the
landlord in a timely manner, is the tenant liable for damages?
MS. JACKSON: No. This bill doesn't speak to that.
This bill does not speak to anyone being liable for -- for damage, one
way or the other.
MR. GOODELL: Of course we would hope that not
only would tenants report it immediately but that tenants would take
all the appropriate steps to stop the infestation, right? And it needs the
tenant's cooperation to stop the infestation because you have to wash
all the clothes, right, and take certain procedures which only the
tenant themselves can do effectively. Is the landlord liable to tenants
if the landlord fails to meet this 24 hour requirement?
MS. JACKSON: Say that one more time, Mr.
Goodell. Is the landlord...
MR. GOODELL: Is the landlord going to be liable to
tenants for costs incurred by the tenants, for example, in going to the
laundromat and washing all the bedding and sheeting if the landlord
doesn't meet the 24 hour requirement?
MS. JACKSON: No. This bill does not give either
landlord or tenant the right to sue for damages or anything like that
because of it. This bill is simply asking for the landlords to make their
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tenants fully aware that there was an infestation or is an infestation in
their building.
MR. GOODELL: And this bill requires the notice
within 24 hours. What happens if the landlord receives notification
say just before sundown on Friday and they're Jewish. Do they get an
extension until the first -- the next business day or if they receive
notification on a holiday or a Sunday? Do they get an extension to the
first business day?
MS. JACKSON: Well, this bill doesn't speak to
extensions or holidays or anything of that nature. It speaks to the fact
that we know that we want to get rid of the infestation as soon as
possible and reduce the amount of people that's impacted by it. So we
would hope that everyone use their best judgment and to make sure
that they alleviate the problem as soon as possible and alert people as
soon as possible. So it does not speak to the language of holidays or
any other thing that would keep somebody from doing -- giving the
notice within 24 hours.
MR. GOODELL: Of course I keep hearing that
there's a housing crisis in New York City caused in large part by --
MS. JACKSON: I'm sure bed bugs is not the reason.
MR. GOODELL: Well, I hope not. But a lot of it
relates to a shortage of affordable housing. Does this do anything to
encourage landlords to invest in more housing in the City of New
York or does it now add one more burden?
MS. JACKSON: Mr. Goodell, I don't know how the
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bed bugs that we're asking landlords to alert others of is keeping the
housing stock low.
MR. GOODELL: But this bill would require
landlords to have personnel, staff or processes in place so that if they
get a notification of a bed bug infestation a Saturday they can get the
notice out by Sunday, right?
MS. JACKSON: Well, the truth is that there's
already things in place that New York State and New York City are
requiring of our landlords, right? We are required by law to make
sure that we keep our buildings and our apartments up to standards
and codes that people can live in. So I'm not sure -- I'm not sure if I'm
answering your question. If you can ask it one more time, maybe I'll
get it.
MR. GOODELL: So this will obviously impose
more cost on landlords, right, because they're going to have to have
the staff and the processes in place to respond if they hear of a bed bug
infestation. They have to respond on holidays and weekends and
evenings and whatever to get out the 24 hour notice, so it does
increase -- inherently will increase the cost to landlords.
MS. JACKSON: I mean think of it -- think if you
had an emergency like a fire in one of your buildings, you would
figure out a way to get people -- you would figure out a way to get
there to get people to be helped and -- and be able to alleviate others
that are not impacted. So not saying that bed bugs are like fires, but
the same staff that you would use if you had a fire in your
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development would be the same staff that you would use if there was
a bed bug infestation and you need to alert people in 24 hours.
MR. GOODELL: Does this bill impose any
obligations on landlords to address the bed bug infestation?
MS. JACKSON: This bill does not speak to that but
I'm sure you're going to put in some great legislation to address that
one.
MR. GOODELL: And does the bed bug infestation
in neighboring apartments effect the warranty of habitability?
MS. JACKSON: So bed bugs travel quickly. They
can travel within minutes to different rooms and they spread like - I
don't want to say wildfire, but they definitely can lay up to 500 eggs in
one life -- in one lifestyle -- one lifetime. And so we want to make
sure that everyone is fully aware if they -- even if they live not in the
apartment, but the apartment next to them, the apartment above them,
everyone should be aware that there was an infestation or is an
infestation.
MR. GOODELL: Thank you very much for all your
clarifications.
Sir, on the bill.
ACTING SPEAKER AUBRY: Mr. Goodell on the
bill.
MR. GOODELL: Thank you. I appreciate my
colleague's comments on this and the bill on its face is very simple. It
says upon getting knowledge that there's a bed bug infestation the
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landlord has to notify all the other tenants within 24 hours. I
appreciate my colleague's desire to get that information out quickly. I
think 24 hours is unreasonable in the context of, you know, Jewish
sabbath or holiday or a weekend, and it raises a lot of potentially
unintended issues such as, will this now trigger our landlord's
obligation to do something about it? What if the tenant who has the
infestation, what if they're Jewish and won't cooperate during that 24
hours to address it? I mean not that they don't want to, they're
religiously precluded from it. What if the tenant has a bed bug
infestation and goes out on vacation? Does this create any obligation
on the part of the tenant to actually address the bed bug situation in
their own apartment? The answer is no. Without the tenant's
cooperation the landlord can't address it. Because in order to address
bed bug infestations you got to wash all the linens, and if the tenant's
not willing to cooperate, the landlord is just putting up notices
Welcome to my building, Apartment 1A has a bed bug infestation. So
I appreciate the concern, but it leaves so many issues open including
liability issues. And it would be refreshing if this Legislature started
passing laws to make it easier to be a landlord, easier to provide
high-quality affordable housing and not add more and more and more
and more and more restrictions on landlords. So I appreciate the
concern that we want to know what's happening in our neighboring
apartments and whether they have bed bugs, but I think imposing this
burden on the landlords is inappropriate. Thank you, sir.
ACTING SPEAKER AUBRY: Read the last section.
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THE CLERK: This act shall take effect on the 30th
day.
ACTING SPEAKER AUBRY: A party vote has
been requested.
Mr. Goodell.
MR. GOODELL: Thank you, sir. The Republican
Conference is generally opposed. Those who wish to support it can
vote yes here on the floor. Thank you, sir.
ACTING SPEAKER AUBRY: Mr. Fall.
MR. FALL: Thank you, Mr. Speaker. The Majority
Conference will be in the affirmative on this piece of legislation. For
those that would like to vote in a different direction, they can do so at
their desk.
ACTING SPEAKER AUBRY: Thank you both.
The Clerk will record the vote.
(The Clerk recorded the vote.)
Ms. Jackson to explain her vote.
MS. JACKSON: Thank you, Mr. Speaker, for
allowing me to explain my vote. You know our grandparents were on
to something when they wrapped everything in plastic, but now we are
ripping everything up in plastic and acting brand-new. I'll let you all
catch that later. But back to the lecture at hand, bed bugs. I
remember in 2010 when bed bugs tore up New York City. We were
wrapping everything back in plastic. We shut down our movie
theaters. We had to buy covers for our beds and our pillows to protect
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us at night. And you know, we all -- the only thing this bill is asking
us to do is to be good neighbors, good landlords and alert the people
around us. We know that -- that a female bed bug can lay up to how
many - 500 eggs within her lifetime - and for me, I just -- it just makes
me itch just to think about it. So I am voting in the affirmative. I am
going to miss these debates with my colleague on the other side and I
hope that everyone else is voting in the affirmative with me.
ACTING SPEAKER AUBRY: Ms. Jackson in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 50, Calendar No. 450, the Clerk will read.
THE CLERK: Assembly No. A05790-B, Calendar
No. 450, Paulin, Sayegh, Weprin, Hevesi, Gunther, Zebrowski,
Colton. An act to amend the Public Health Law, in relation to quality
improvement and increased consumer transparency in assisted living
residences.
ACTING SPEAKER AUBRY: An explanation is
requested, Ms. Paulin.
MS. PAULIN: Thank you, Mr. Speaker. It relates to
quality improvement and increased consumer transparency in assisted
living residences.
ACTING SPEAKER AUBRY: Mr. Jensen?
MR. JENSEN: Thank you, Mr. Speaker. Would my
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-- would my esteemed colleague from Westchester County yield for
some questions?
ACTING SPEAKER AUBRY: Esteemed colleague,
will you yield to Mr. Jensen?
MS. PAULIN: I'll think about it, yes.
MR. JENSEN: Thank you very much and I
appreciate her yielding for some questions. The first thing I want to
ask, so the effective date of this legislation is 30 days after a signature
by the Governor but the implementation date is the end of January
2025. Are there any concerns whether from you or from relevant
stakeholders that depending on when there's action by the Governor
on this legislation if it is passed by both Houses, that it could be a
fairly short time period for all the legislation to actually be
implemented?
MS. PAULIN: So this is very, very similar to two
proposals that were in the Executive Budget the last two years. So we
believe that they already have most of this done, organized and
therefore the timing should work.
MR. JENSEN: Okay. So there's no concern about
the -- the quick implementation date after effectiveness?
MS. PAULIN: I would imagine that if the Governor
wants to implement this as we think they will, that if there's any
concern, we can agree to a Chapter Amendment, but we believe that it
should be okay.
MR. JENSEN: Okay. Continuing in this bill, there's
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a provision that DOH in consultation will relevant stakeholders would
establish a form and format for assisted living facilities or residences
to be serving on the quality of their respective facilities. Is that a
survey in the sense that they are currently surveyed by inspectors or is
that by an actual survey of asking questions of the residents who
reside in these locations?
MS. PAULIN: So it would have to be on their
records and that they would submit them, because the top 20 percent
would get an 18 month delay in terms of an actual inspection.
MR. JENSEN: Mm-hmm.
MS. PAULIN: So they would then be forced to do it
electronically or, you know, without that -- without that physical
inspection. Certainly if there was any question marks at the inspection
on the data that they submitted, it would -- it would be remedied, but
the -- the survey would have to be --
MR. JENSEN: So the survey would be under the
confines of what is currently in existing law about ALRs being
inspected every 12 to 18 months currently by DOH health inspectors.
MS. PAULIN: That would be in person, yes.
MR. JENSEN: Okay. So currently I know in the
inspections of nursing homes and long-term care facilities, there is a
concern that there has been some lag in compliance with existing law
on timing because of a lack of staffing at the Department of Health.
Are we comfortable and secure in the DOH currently having enough
staff to appropriately and adequately conduct these inspections?
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MS. PAULIN: That part of it is the -- was a direct lift
from the Executive's proposal so if they're not concerned or they
perhaps are recognized that they have to add staff to do it, I don't think
that we should be concerned.
MR. JENSEN: Okay. In the provision that the
assisted living residences have to provide reports annually and post
information, they would include the monthly -- starting monthly
serving rates, ranges for rent, the admission residency agreements,
consumer-friendly summaries of all service fees, would that have to be
submitted to DOH and posted on a specific website that's publicly
accessible or would that -- and/or would that have to be posted at the
residence in a publicly-viewable location?
MS. PAULIN: It would have to posted on DOH's
website and we actually say in a conspicuous place. I don't know how
many times you looked at that website, but conspicuous is a real key
word in this -- in this proposal.
MR. JENSEN: Okay. So I want to go back to what
you had mentioned previously about the top quartile of ALRs that are
deemed to be highest, they would -- they would then only have to be
inspected or surveyed every 18 months. What would happen if there
was a facility that was in the bottom 75 percent that after their yearly
inspection then overcame, you know, bumped themselves up in the
quartile? Would it be a moving, almost like a Formula 1 race where,
you know, somebody who's, you know, in fifth place would go down
to sixth and so on and so forth?
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MS. PAULIN: If it looks like everybody is doing
really well we can come back and revisit, but yes. It would be the top
20 percent.
MR. JENSEN: Okay. So if -- if -- I know and
previously I made up a fictional hospital that some of our colleagues
thought was a real hospital Jensen Memorial. If Jensen Memorial
Health System now had an assisted living residence as part of it and
we were in the top quartile and we were on month 14 of not being
inspected, we then drop into the bottom 75 percent, would that trigger
an immediate survey or inspection by the Department of Health or
would that -- would that ALR then go to the bottom of the list or
would they be -- I guess where would they end up in --
MS. PAULIN: So the bill's silent on that. That
would really be up to the Department to figure out those time --
timelines, but I would imagine if you're within the top 20 percent and
you're on the 18 month schedule, that they're not going to change that
midway.
MR. JENSEN: Okay. Are there any other whether
it's in the Department of Health or any other State agency, are there
any other provisions that you're aware of where we have different
inspection rates or survey rates for facilities based on performance or
would this be a new introduction in Public Health Law or any other
existing law?
MS. PAULIN: It's new.
MR. JENSEN: It's new? Okay. Is this something
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that we would look to if it is effective to essentially reward facilities
for exceptional surveys or inspections, we would look to apply to
other care facilities like nursing homes or other --
MS. PAULIN: Well, nursing homes are regulated by
the Federal Government so we don't have that option, but I would
think that if the -- if it works as an actual incentive and it might, then
sure, we should look at it because we have to build much -- many
more incentives into the system to reward good behavior.
MR. JENSEN: Okay. Thank you very much, Ms.
Paulin, I appreciate your answers.
Mr. Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill, sir.
MR. JENSEN: Thank you, Mr. Speaker. I
appreciate the chairwoman answering my questions, and while I -- I
do understand the -- the need for this legislation and believe that, you
know, we should ensure that individuals, especially our elderly
population whether they're living in assisted living residences or
nursing homes have robust and timely and adequate inspections. I do
have concerns with the implementation date of the end of January
2025 on this legislation. So certainly while I will be supporting this
legislation as I did in the Health Committee, I do believe that we need
to look at whether through a Chapter Amendment or some other
measure looking at changing when the implementation date of the
portions of this bill that would force the assisted living residences and
DOH to -- to create new information or start posting information, we
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should look at the implementation date. So thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect on the 30th
day.
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.
Page 50, Calendar No. 455, the Clerk will read.
THE CLERK: Assembly No. A06982, Calendar No.
455, González-Rojas, Hevesi, Darling, Hyndman, Lucas, Levenberg,
Septimo, Taylor, Raga, Burdick, Reyes, Bores, Lee. An act to amend
the Executive Law, in relation to the maximum age at which a
homeless youth can continue to receive shelter services.
ACTING SPEAKER AUBRY: Ms. Rojas, an
explanation is requested.
MS. GONZÁLEZ-ROJAS: Thank you, Mr. Speaker.
This bill would allow homeless youth who enter a transitional
independent living center under the age of 24 to continue to receive
shelter services beyond the current maximum 18 month length of stay
to 24 months or more when a municipality believes that circumstances
exist to warrant such an extended stay.
ACTING SPEAKER AUBRY: Ms. Walsh.
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MS. WALSH: Thank you, Mr. Speaker. Will the
sponsor yield?
ACTING SPEAKER AUBRY: Ms. González-Rojas,
will you yield?
MS. GONZÁLEZ-ROJAS: Yes, I will.
ACTING SPEAKER AUBRY: Sponsor yields.
MS. WALSH: Thank you very much. So what is the
current age limit that has been placed in the law that we're changing
with this legislation?
MS. GONZÁLEZ-ROJAS: Well, under current law
the municipality already may choose to provide services to youth up to
age 24 if they have elected to do so in their comprehensive plan.
However, the current language related to transitional independent
living programs is limited to only allowing districts to provide
extended services for youth under -- up to age 21.
MS. WALSH: Up to age 21, okay. And a lot of my
questions are just going to be running through some scenarios. I'm
trying to understand -- well, let me start at the beginning kind of.
Where did this bill idea come from to increase the age from 21 to 24?
MS. GONZÁLEZ-ROJAS: Well, a lot of
municipalities have actually opted in. We know it's for many young
people who are in crisis and need these kind of services, the age of 21
they may not be ready to transition out independently. And many
municipalities, including Schenectady which I believe you represent,
towns there and in New York City as well, they have moved up to the
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age of 24. And also when you look at stats across the country and in
New York State, most youth-related stats are -- are up to the age of 24.
So it really aligns with many policies that municipalities have opted
in.
MS. WALSH: Okay. And what's the floor? What's
the youngest age that you can enter the transitional independent living
support program?
MS. GONZÁLEZ-ROJAS: Fourteen years old.
MS. WALSH: Fourteen. And that's -- because I
thought it was 16, but then I saw something in the language that said it
could actually be lower than that. So 14 would be the youngest --
MS. GONZÁLEZ-ROJAS: Mm-hmm.
MS. WALSH: -- and under this legislation, what's
the oldest that an individual could be when leaving a transitional
independent living support program or TIL, I'll call it a TIL.
MS. GONZÁLEZ-ROJAS: Yeah, the bill would
allow them to enter by 24. They could stay up to 18 or 24 months if
the municipality deems it necessary to do so.
MS. WALSH: And could they go beyond that 24
months, because I was unclear as I was looking at it.
MS. GONZÁLEZ-ROJAS: Only under extenuating
circumstances. If a municipality believes there's circumstances that
exist that weren't such extended stay, they'd have to provide written
notification that's made to OCFS 60 days prior to an expiration of a
youth maximum permissible stay. So they have a whole list of
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requirements that they'd have to submit in order to grant that. And it's
very rare that that stay is extended beyond the 24 months.
MS. WALSH: Okay. And the 18 to 24 months that
someone could stay and regardless of what age they are when they
first come in, is that a consecutive time period? In other words, can
an individual come in, go out, come back in and then you add up all
that time and it gets to 24 months, or is it one, you know, consecutive
stay of 18 to 24 months?
MS. GONZÁLEZ-ROJAS: We believe it's a totality
of time.
MS. WALSH: Okay, okay. Yeah, I couldn't find
that. I didn't get a chance to read through all the regulations and
everything yet, but --
MS. GONZÁLEZ-ROJAS: I think the goal is that
they receive these services that are critical to allow them to live
independently and have the support that they need so that they're able
to transition out successfully.
MS. WALSH: Absolutely. Do you have a sense of --
you mentioned that it was optional with the -- with the municipality or
the -- the county that would be taking this up to decide whether they
want to give that additional time or not. Do you have a sense of the
percentage or number of communities that actually do that?
MS. GONZÁLEZ-ROJAS: We -- OCFS, the most
common -- it's most common for youth to remain in a transitional
independent program for one to six months, so that's 42 percent.
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Fourteen percent of youth remain from 0 to 30 days, 25 percent
remain from seven to 12 months, 11 percent remain from 13 to 18
months, 7 percent of youth remain from 19 to 24 months, and less
than 1 percent remain for 24 months or longer so it's very, very
minimal.
MS. WALSH: It's very rare, okay. And so, let's --
let's take an example of -- and I understand from the statistics that you
just gave that this might not be a common example, but just to give
everyone a, you know, a chance to consider what the age could be.
Let's say you're -- let's say you're coming in the day before your 24th
birthday, okay, under this legislation. And then the -- the place where
the program is located is a community that has extended it to 24
months. So that individual could be -- could spend all of their 24th
year and all of their 25th year and just before they turned 26 they
would need to leave if it's a 24 month extension, unless they're able to
make the case to OCFS that they're extenuating circumstances and if
there are, how much more time could they get?
(Pause)
MS. GONZÁLEZ-ROJAS: Yes. There's not a
particular cutoff and again, we're going back to the statistics, less than
1 percent even reach the 24 month mark, but they would have to have
very extenuating circumstances to get approval for that.
MS. WALSH: But if they did get it approved, do I
understand it correctly that there is no outside date or time that they
would then need to leave by if they're able to show the extenuating
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circumstances that you mentioned? Can they stay, you know, forever
theoretically?
MS. GONZÁLEZ-ROJAS: In the requirement of
submitting a request to OCFS they would have to provide a -- an
anticipated successful discharge date. So they do have to provide a
sense of how long that individual would need to stay beyond that --
that time period with the extenuating circumstances that are presented
to them.
MS. WALSH: And does that need to be adhered to
or once you get to the end of that could there be a further application
for more time?
MS. GONZÁLEZ-ROJAS: Yeah. We don't think
that they would continue to -- continue to extend the stay. Again,
hopefully, you know, they could get the services that they need
whether it's shelter, whether it's mental health services, et cetera, that
they can transition out and then perhaps into an adult facility, if
necessary.
MS. WALSH: Okay. How many -- do you know
how many individuals are actually participating in this program in
New York State right now?
MS. GONZÁLEZ-ROJAS: I know that in -- not right
now, but there's a census in New York City that I found really
interesting about youth who are homeless and they do a one night at
one point in time. In January 2023 there were 3,673 homeless youth,
3,526 that were sheltered - and this is all in New York City - 85
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percent were between the ages of 18 and 24.
MS. WALSH: Okay. Thank you for that. So if this
legislation then as we mentioned at the beginning would change the
age from 21 to 24 --
MS. GONZÁLEZ-ROJAS: To enter the program,
yes.
MS. WALSH: To enter the program and then we
discuss how they could then stay for the additional time beyond that.
Do we know or do we anticipate how many more individuals would
be served with this change in the law?
MS. GONZÁLEZ-ROJAS: We don't have an
estimate, but again, the percentage of people who reach that
maximum, even the 24 length stay, is very, very minimal. It's less
than 1 percent.
MS. WALSH: Is there any idea of the -- of the
financial impact of doing this?
MS. GONZÁLEZ-ROJAS: Yes. So the runaway and
homeless youth service are reimbursed through service plans so these
are developed by the county youth bureaus and it's approved by
OCFS. The State reimburses the local 60 percent of their cost
associated with these services. And then in this year's enacted budget
we allocated $8.48 million, which is an increase of 1.4 million over
the last fiscal year.
MS. WALSH: And was the reason for the increase
specifically for this transitional independent living support program or
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was it just overall?
MS. GONZÁLEZ-ROJAS: It's just more overall --
MS. WALSH: More overall?
MS. GONZÁLEZ-ROJAS: -- for the counties, yes.
MS. WALSH: Now I saw that back in 2022 this bill
was vetoed by the Governor. Was the bill changed in any way in
response to the veto?
MS. GONZÁLEZ-ROJAS: So some of the -- the
response in the veto memo was not accurate. She talked -- she talked
about, you know, the -- the lack of additional services, the no potential
maximum stay, the upper age, so again, it's -- it allows you to stay
longer with OCFS approval but that's something that was already in
existence. It just allows the entry age a little bit older at the age of 24.
MS. WALSH: Okay. So is it fair to say that the
legislation didn't change in that when you read the Governor's veto
message you didn't feel that it was an accurate reflection of what the
legislation did?
MS. GONZÁLEZ-ROJAS: Yeah, I didn't carry this
bill last year, but I know looking at the veto memo and conferring
with staff that it wasn't really an accurate representation of the bill.
MS. WALSH: Okay, very good. Those are all my
questions. Thank you very much for -- for your answers and, Mr.
Speaker, on the bill.
ACTING SPEAKER AUBRY: On the bill.
MS. WALSH: So we were having kind of a -- a
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humorous discussion yesterday about when somebody becomes old,
we were all laughing about that. I mean it actually kind of ties in with
this bill a little bit, because when -- when does a youth -- when is a
youth no longer a youth, I think it's kind of what I was thinking about
in reading this bill. If this is supposed to be -- certainly -- I mean
certainly providing programming and services for homeless youth is
something that we have an interest in doing in the State. We know
that the youngest homeless youth that can come into a program like
this can be as young as 14, usually more like 16 but 14 can be the
youngest. And now under this legislation moving it from age 21 to
age 24 when they can even enter the program, the -- the oldest even if
it is uncommon, the oldest homeless so-called "youth," I'm using air
quotes, would be 26 years old and maybe even older. I mean I -- I
don't know. I think the Governor -- although maybe the -- the veto
message was not completely accurate in some respects. I think that
the concern was that by extending the age where a homeless young
person, adult, young adult can come into this program would have an
unintended consequence perhaps of shifting focus and support to some
of the younger folks that are coming in to avail themselves of these
services, and that -- and we really don't know what the fiscal impact is
going to be anyway of doing this. So the reason that I don't support
this bill is not that I don't think that we should have homeless youth
services, I do. I just think that the existing law and the ability to
extend the age even now from coming into the program at 21 and then
having the person leave at around the age of 23, almost 24 is
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sufficient. And I think that we know that in this Chamber and in this
Body through the budget we've been talking about creating other
housing opportunities for young adults and perhaps that might be a
better way to address this concern rather than expanding this program
to include, we don't know how many more people and we don't know
-- we don't know what the financial cost would be. So I was thinking
about as a -- as a parent of six kids that range from 31 to almost 18, I
think sometimes about when does -- when does a youth become an
adult. And I think over time, you know, I think that that number
keeps kind of creeping up. You know, my dad was -- joined the Navy
and fought in World War II at 19. That's changed a lot even just since
that generation. But I do think that by changing this legislation and
changing the program and expanding it this much, I don't believe it's
warranted. I think the program is just fine the way it is and I would
leave it that way.
So I'll be voting in the negative and I would
encourage my colleagues to do the same. Thank you.
ACTING SPEAKER AUBRY: Thank you.
Mr. Hevesi.
MR. HEVESI: To explain my vote.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: A party vote has
been requested.
Mr. Goodell.
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MR. GOODELL: Thank you, sir. The Republican
Conference is generally opposed to this legislation for the reasons
mentioned by my colleague. Those who support it should vote yes on
the floor. Thank you, sir.
ACTING SPEAKER AUBRY: Thank you.
Mr. Fall.
MR. FALL: The Majority Conference will be in the
affirmative on this piece of legislation. For those that would like to
vote no, they can do so at their desks.
ACTING SPEAKER AUBRY: Thank you, sir.
The Clerk will record the vote.
(The Clerk recorded the vote.)
Mr. Hevesi to explain his vote.
MR. HEVESI: Thank you, Mr. Speaker. I rise to
commend my colleague for her great work on this bill. The impetus
for this bill I believe is the recognition that for kids who are 21 to 24
years old, one-third of those who are of that age group who leave
foster care become homeless automatically. So you have a problem
with the number of kids who are falling into homelessness. Then add
into the fact that these are still young people, you don't want them in
the adult shelters. So this bill is not only good for the kids, it's also
going to save you money in the long-term because these services are
cheaper than the adult services that they are looking to offset. This is
an outstanding bill for kids. This is an outstanding way to stop and
prevent homelessness from happening, and this is an outstanding way
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to save taxpayer money. So I would like to thank my colleague, Ms.
González-Rojas for her great work on this bill and I am in support of
this legislation. Thank you, Mr. Speaker.
ACTING SPEAKER AUBRY: Mr. Hevesi in the
affirmative.
Ms. González-Rojas to explain her vote.
MS. GONZÁLEZ-ROJAS: Thank you, Mr. Speaker.
I appreciate my colleague's question but I think this exposes a
fundamental difference between the aisles. I believe that all New
Yorkers should be able to access stable and affordable housing and
Social Services and in particular moments when they need support in
achieving stability. There's no universally-agreed international
definition of a youth age group. The National Institute of Health says
the brains frontal lobe, especially the prefrontal cortex isn't fully
mature until the age of 25, and the United Nation defines youth as
those persons up to age 24. That definition was endorsed by the
General Assembly in a resolution in 1981. But beyond that -- here's
what I know: Each year thousands of young people are sleeping in the
streets of our State. According to New York City Youth Census, on
January 24th, 2023 in the dead of winter, 3,673 youth were deemed
homeless and 85 percent were between the ages of 18 and 24. I
believe as legislators we have a moral obligation to come up with
solutions that address this crisis. New Yorkers are struggling and
these young people, many who are LGBT and young girls and
children of color, they need our help. This change would assist young
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people who are vulnerable to exploitation and trafficking and I think
this is worthwhile. So with that said, I don't know if we've done
enough on housing this year, but I would certainly urge the Governor
to sign this bill into law to ensure that our young people across the
State will always have a warm bed to rest in every night. So with that
I proudly vote in the affirmative. Thank you.
ACTING SPEAKER AUBRY: Ms. González-Rojas
in the affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 10, Rules Report No. 142, the Clerk will read.
THE CLERK: Assembly No. A00136-A, Report No.
142, Cruz, Stern, Burdick, Simon, Darling, McDonough, Sillitti,
Weprin, Colton. An act to amend the Insurance Law, in relation to
homeowner natural disaster preparedness, home safety and loss
prevention courses.
ACTING SPEAKER AUBRY: Explanation is
requested, Ms. Cruz.
MS. CRUZ: Thank you, Mr. Speaker. This bill
would require DFS to issue a request for proposals to implement the
homeowner natural disaster preparedness home safety, a loss
prevention program authorized in the 2016 budget.
ACTING SPEAKER AUBRY: Mr. Goodell.
MR. GOODELL: Thank you. Would the sponsor
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yield?
MS. CRUZ: Sure.
ACTING SPEAKER AUBRY: Ms. Cruz yields, sir.
MR. GOODELL: Thank you, Ms. Cruz. Is there
funding in this year's budget for this program?
MS. CRUZ: No.
MR. GOODELL: But this bill would require the
Department to issue a request for proposals for the program, right?
MS. CRUZ: Yes.
MR. GOODELL: And the bill would take effect
immediately upon signing by the Governor.
(Pause)
MS. CRUZ: One second, Mr. Goodell.
(Pause)
So Mr. Goodell, so while the bill would take effect
now, the request for proposals for funding to actually carry out these
courses would not come into effect until March 1st, 2025.
MR. GOODELL: I see. And this bill goes on and
requires the Department of Financial Services to submit a budget
request, correct?
MS. CRUZ: That's correct.
MR. GOODELL: But doesn't the State Constitution
say that only the Governor can submit a budget?
MS. CRUZ: Well, Mr. Goodell, this is pursuant to an
already required project that the DFS was supposed to have carried
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out and it's been about five years or so -- and yeah, 2016 and they
have not completed it.
MR. GOODELL: Well, I understand all of that, but
isn't the Constitution clear under Article VII that the Governor
prepares the Executive Budget, not the Legislature? The Legislature
can most assuredly amend it to include the funding, but it's solely the
responsibility of the Governor to submit the Executive Budget, right?
We can't by law direct the Governor's agencies or departments to
submit a budget request to us, can we?
MS. CRUZ: I'm not familiar with that section of the
law, Mr. Goodell.
MR. GOODELL: It's -- we can pull it up on our tabs,
it's Article VII, Section I think 4. I'm sorry, Article VII, Section 1,
which says, the head of each department shall furnish the Governor
such estimates as the Governor requests, not to us but to the Governor,
that's Section 1, Article VII, Section 1. Section 2 says the Governor
within a certain time frame shall present the budget to us. Then
certainly we can amend the budget as we often do and that's of course
in Sections -- the subsequent sections. So my question is, while I
appreciate that you want to fund this program, we have to do that once
we receive the budget, right? We can't by law direct a department
head to submit a budget.
MS. CRUZ: Mr. Goodell, I'm going to trust what
you're reading because I'm not going to pull it up right now is correct.
But I do want to remind us that this was already a requirement. So it
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isn't me asking DFS to actually carry this out. This was a 2016 budget
law that we passed back then that was already requiring DFS to do
this and they have failed to do so. So we are asking them to actually
submit the process, if you will.
MR. GOODELL: Was funding provided for this
program in the current budget this year?
MS. CRUZ: No.
MR. GOODELL: Was it included in either
one-House budget this year?
MS. CRUZ: Not that I'm aware of.
MR. GOODELL: So why are we blaming the
Governor or the Department for not funding it when we didn't include
it in either our one-House nor in our budget amendments?
MS. CRUZ: Not sure, Mr. Goodell.
MR. GOODELL: Okay. Thank you. I appreciate it.
Sir, on the bill.
ACTING SPEAKER AUBRY: On the bill, sir.
MR. GOODELL: From -- from what I've read this is
likely to be a helpful program that would help homeowners prepare
for natural disasters. As my colleague mentioned, we included the
statutory authorization for this several years ago, but apparently
neither the Governor nor even the Majority in this Legislature found it
fit to provide funding for it, and that often happens. I don't think we
can pass a bill that unconstitutionally requires a Department to submit
a budget request directly to us. The budget process is spelled out
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carefully in our Constitution. It requires department heads to submit
their request to the Governor and for the Governor to decide whether
or not to include that budget in her Executive Budget, and if she
doesn't and we think it should be in there, the correct and
constitutional process is for us to amend the budget, subject to a veto
or approval by the Governor. So since this process that's reflected in
this bill, while laudable, is unconstitutional, I can't support it. Thank
you, sir, and thank you to my colleague.
ACTING SPEAKER AUBRY: Thank you, sir.
Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: A party vote has
been requested.
Mr. Goodell.
MR. GOODELL: Thank you, sir. For the reasons I
mentioned, while I support the program, I also support the
Constitutional process for budgets. As a result, the Republican
Conference is generally opposed to this particular legislation. Those
who support it are welcome to vote yes on the floor. Thank you, sir.
ACTING SPEAKER AUBRY: Mr. Fall.
MR. FALL: The Majority Conference will be in
favor of this piece of legislation. For those that would like to vote no,
they can do so at their desks.
ACTING SPEAKER AUBRY: Thank you both.
The Clerk will record the vote.
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(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 24, Rules Report No. 220, the Clerk will read.
THE CLERK: Assembly No. A10343, Rules Report
No. 220, Committee on Rules, Weprin. An act to amend the
Insurance Law, in relation to anti-concurrent causation clauses.
ACTING SPEAKER AUBRY: On a motion by Ms.
Sillitti [sic], the Senate bill is before the House. The Senate bill is
advanced.
An explanation is requested, Ms. Sillitti [sic].
MR. WEPRIN: Thank you, Mr. Speaker. This bill
amends Section 3416 of the Insurance Law. (Mic cut out)
ACTING SPEAKER AUBRY: One minute, Mr. --
Mr. Weprin. Hold for one minute. Your mic is not on. Now try it.
MR. WEPRIN: This bill adds Section 3416 of the
Insurance Law to prohibit insurers from excluding coverage for any
loss or damage to property resulting from water or waterborne
material that backs up through sewers or drains or overflows or is
discharged from a sump -- sump pump or related equipment on the
grounds that the loss or damage may have been caused directly or
indirectly by an excluded peril contributing concurrently on any
sequence to cause the loss. Past storms such as Superstorm Sandy in
2012 and Tropical Depression Ida in 2021, brought strong winds,
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intense rainfall and record storm surges which interfered with the
normal drainage of sewage in many areas causing New Yorkers to
experience sewage backing up into their homes. Many residents who
had purchased sewage backup coverage found that their property
insurance policy would not cover the damage because of
anti-concurrent causation clauses in their policies. This legislation
would address this shortfall and ensure New Yorkers throughout the
State are properly covered in those instances.
ACTING SPEAKER AUBRY: Mr. Blankenbush.
MR. BLANKENBUSH: Thank you, Mr. Speaker.
Will the sponsor yield?
ACTING SPEAKER AUBRY: Mr. Weprin, will you
yield?
MR. WEPRIN: I'd be happy to.
MR. BLANKENBUSH: So anti-concurrent clauses.
Tell me exactly what you listed all of the stuff in the -- in your bill, but
basically just what does that do?
MR. WEPRIN: Well, they're going to claim it could
be an act of God or something, a natural disaster. However, this
ensures that in those type of situations through no fault of the
homeowner that they get coverage.
MR. BLANKENBUSH: Okay. So if I have -- there's
different kinds of homeowners. Let's say I have a homeowners 3
policy, HO3. HO3 policies don't even cover backup from sewer,
backup from sump pumps and so forth. So what we're saying here is
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that a homeowners 3 policy because I'm either in an -- in an area
without sewer backup, without the need for coverages that the policies
that are going to be issued under this law, under this bill, H03 policies,
would cover flooding and water backup even though an H03 normally
doesn't do that?
MR. WEPRIN: It only -- it's only to policies that
cover water backup policies.
MR. BLANKENBUSH: So it wouldn't effect HO3's?
MR. WEPRIN: Not if they don't have that coverage.
MR. BLANKENBUSH: Okay. So let's say I have a
homeowner's policy that does have that coverage. It will only -- it will
effect those policies under the anti-concurrent clause.
MR. WEPRIN: Correct.
MR. BLANKENBUSH: So no matter what the peril
is, no matter how the water is coming in, whether it's through a
covered peril or not, it's got to be covered.
MR. WEPRIN: Correct.
MR. BLANKENBUSH: Up to -- up to the -- what
kind of coverage would be on a -- on a policy like that? A total -- the
claim would have to be paid. Does the homeowner's deductible, is
there a different kind of deductible that's going to be used?
MR. WEPRIN: It's up to the limits of the policy. I
would assume that the deductible would still apply.
MR. BLANKENBUSH: So it would cover up to the
policy limits?
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MR. WEPRIN: For that specific water backup
endorsement.
MR. BLANKENBUSH: Wow, okay. Doesn't --
doesn't the concurrent bill legislation -- doesn't it also result in
matching premiums with risk?
MR. WEPRIN: Yes. I've been told yes.
MR. BLANKENBUSH: So in other words if every
policy is going to be covered by this risk, people in my area are going
to be covered for say flooding that doesn't need to be covered for
flooding and if they did, isn't there the national flood coverage that
they could go to if they're living on the lake or the river?
(Pause)
MR. WEPRIN: Yeah. I'm told it's not flood
insurance. It's only for homeowners that specifically buy the -- the
backup policy. Incidentally, this is a bill that is supported by the
Department of Financial Services. So there --
MR. BLANKENBUSH: Well, that doesn't excite me
too much but... so here's the -- here's the question when I'm reading
this -- this bill. You said it doesn't cover flooding.
MR. WEPRIN: Right.
MR. BLANKENBUSH: But what if flooding is the
cause of the backup coming through the sewer systems and all that?
My understanding is that it's going to have to be covered, right?
(Pause)
MR. WEPRIN: I've been told it's the damage caused
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by the backup which is covered in the policy.
MR. BLANKENBUSH: So the insurance companies
are going to have to try to match premium with risk, though. So if in
fact the risk is going to be increased, premiums are going to be
increased. And if the premiums are going to be increased in areas that
need it, the rest of us are going to be paying higher premiums because
of the -- of this bill.
(Pause)
MR. WEPRIN: Well, the purpose of the bill and the
reason why it's being supported by the Department of Financial
Services is that homeowners are expecting to be covered by this
special policy that they got and we want to just make sure that they're
made whole.
MR. BLANKENBUSH: I'll go on the bill, Mr.
Speaker.
ACTING SPEAKER AUBRY: On the bill, Mr.
Blankenbush.
MR. BLANKENBUSH: You know, I -- I understand
my fellow members from Long Island who went through Sandy that
understand some of the problems that the anti-concurrent clauses
cause in policies; however, not where I live. So I'm going to have to
have increased premiums on my policies so that I could make the
Long Island people happy, because they want that coverage and I don't
need that coverage. So the bottom line is if you are putting this type
of coverage on every single homeowner's policy, there's only one
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thing that could happen, our premiums are going to go up. I don't care
how you match that, but when you look at risk and then you look at
premiums, premiums have to go up. If they don't go up right away, it
will be waiting until the renewals come and the claims come in over
the course of -- of the year. So I -- I just worry that I'm going to have
to have increased premiums. And let me tell you what's happening in
California, because the California Legislature is mandating
homeowners' policies to their consumers. State Farm and All State
have pulled out of California. We are on that track of following
California like we do on a lot of bills. We are on track of doing what
exactly was happening in California. So if they can't raise their
premiums high enough, they're just going to not sell those policies and
it's going to happen like the same way that it's doing in California.
That's why, Mr. Speaker, I'm against the bill and I hope that many of
my colleagues will follow on that track. Thank you.
ACTING SPEAKER AUBRY: Thank you, sir.
Mr. Hawley.
MR. HAWLEY: Would the sponsor yield for a
singular question?
ACTING SPEAKER AUBRY: Mr. Weprin, will you
yield? Mr. Weprin?
MR. HAWLEY: You mentioned that the backup of
water, sewers, drains would pay up to the limits of liabilities, is that
correct, of the policy?
MR. WEPRIN: Including the deductible.
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MR. HAWLEY: Right. So if you've got a $900,000
out of your homeowner's 7 or 10 or 12 whatever policy you've got,
and that includes backup of sewer, of septic or sump pump
malfunction, it's going to pay up to $900,000?
(Pause)
MR. WEPRIN: Yeah. It's only going to cover up to
the coverage limits of that particular endorsement.
MR. HAWLEY: So you can -- you can buy
additional coverages if you're so inclined and you want to pay some
more premium for it. An H010, for instance, a homeowner's 10 policy
normally comes with about $10,000 for that sump pump malfunction
or sewer or septic backup, but you can buy maybe another $25,000 for
80 bucks a year. So you're not going to pay up to the limits of the
liability of the policy of the 900,000. Merely the limits of what that
endorsement and/or extra coverage that you purchased; is that correct?
MR. WEPRIN: That is correct.
MR. HAWLEY: Okay.
MR. WEPRIN: And it also depends on what the
insurance contract itself says.
MR. HAWLEY: Sure, okay.
ACTING SPEAKER AUBRY: Gentlemen,
gentlemen, just let's wait a minute until we get those people settled in
the back. We've got too many people standing around.
(Pause)
Proceed, thank you. Everybody stay seated in the
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back, please. Go ahead, gentlemen.
MR. HAWLEY: I don't really have any more
questions. I think it's another example of requiring more and more of
businesses, in this case insurance companies, and I think it's another
example of being anti-business in the State. We ought to change that
topic around and start to be pro-business, helping businesses to stay
here, not fleeing the State, including individuals, and as Mr.
Blankenbush indicated, Mr. Weprin, State Farm and All State have
pulled out of the State of California, and we certainly don't want to see
that here limiting competition and keeping premiums down. We don't
want to see that happen here.
So I'm going to encourage people, even on Long
Island, not to vote for this and use some common sense. Thank you.
MR. WEPRIN: And I want to make it clear that this
doesn't apply just to Long Island. It's a Statewide jurisdiction and we
don't know what kind of disasters there may be in Upstate New York
over the next few years. So this is basically a consumer-oriented
legislation and it's endorsed by the Department of Financial Services
as well.
MR. HAWLEY: Well, it may be endorsed by the
Department of Financial Services, but it's not endorsed by insurance
companies, and I would dare say probably not endorsed by policy
owners who are going to have to pay an extra premium for coverages
being forced upon them by the State legislature.
MR. WEPRIN: That's your opinion.
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ACTING SPEAKER EACHUS: Read the last
section.
THE CLERK: This act shall take effect on the 90th
day.
ACTING SPEAKER EACHUS: A party vote has
been requested.
Mr. Goodell.
MR. GOODELL: Thank you, sir. The Republican
Conference is generally opposed to this insurance mandate. Those
who support it should certainly vote yes on the floor. Thank you.
ACTING SPEAKER EACHUS: Mr. Fall.
MR. FALL: The Majority Conference will be in
favor of this piece of legislation. For those that would like to vote no,
they can do so at their desks.
ACTING SPEAKER EACHUS: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Blankenbush to explain your vote.
MR. BLANKENBUSH: Thank you, Mr. Speaker. I
certainly do know that this is a Statewide bill and I certainly know that
that's going to premium increase where I live and everybody else, and
because it's a Statewide bill, that's why I am certainly voting no.
(Applause)
ACTING SPEAKER EACHUS: Mr. Blankenbush in
the negative.
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Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Mr. Fall for an introduction on behalf of Mr. Ramos.
MR. FALL: Thank you, Mr. Speaker. On behalf of
Member Ramos, we have members of the TaiPei Economic and
Cultural Office of New York, and distinguished members of the
Taiwan community to celebrate the passage of the Taiwan Heritage
Day Resolution that we'll have later here today. So if you could
kindly welcome this distinguished group to the People's House.
ACTING SPEAKER EACHUS: Certainly. On
behalf of Mr. Fall, Mr. Ramos, thank you very much for coming
today. And on behalf of the Speaker and all the members of the
House, we welcome you, this distinguished group, to the floor of the
Chamber and we extend the privileges of the floor and hope you enjoy
the proceedings. Thank you for your patience and thank you for
joining us.
(Applause)
Mr. Goodell for an introduction.
MR. GOODELL: Thank you, sir. On behalf of our
colleague Assemblyman Lester Chang, it is my great privilege and
pleasure to introduce several distinguished guests who are up here
visiting us in the Capitol as part of the American Asian Pacific Island
Heritage Day. And joining us are David Zhou, who is a Folsom
Family Association; Mrs. Zi Ping Ruan, who is with the Chinese
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Funding Association; Simon Lam, who is a community activist; Alex
Chen and Steven Chen, who are retired proud members of the New
York Police Department, also Stella Li and Xin Li, who are
performers with the International Chinese Cultural Association.
So if you would extend our welcome and our
hospitality to these distinguished guests, I would appreciate it. Thank
you, sir.
ACTING SPEAKER EACHUS: Certainly. On
behalf of Mr. Goodell and Mr. Chang, we welcome you, the Speaker
and all the members of the House here to the floor. You certainly
have a diversity of talents. Thank you for what you do for your
community and for all of New York State. I hope that you enjoy your
proceedings this evening and I want to thank you for joining us today.
(Applause)
On consent page 9, Rules Report No. 141, the Clerk
will read.
THE CLERK: Assembly No. A00038-A, Rules
Report No. 141, L. Rosenthal, Seawright, Raga, Bores, Weprin. An
act to amend the Insurance Law, in relation to providing health
insurance coverage for scalp cooling systems for the preservation of
hair during cancer chemotherapy treatment.
ACTING SPEAKER EACHUS: The bill is laid
aside.
THE CLERK: Assembly No. 136 -- I'm sorry.
Assembly No. A01035-B, Rules Report No. 143, Bichotte Hermelyn,
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NYS ASSEMBLY MAY 29, 2024
Dickens, Taylor, Gibbs, González-Rojas, Simon, Lee. An act to
amend the General Business Law, in relation to prohibiting the use of
social media platforms for the purposes of collecting debts.
ACTING SPEAKER EACHUS: The bill is laid
aside.
THE CLERK: Assembly No. A01309-B, Rules
Report No. 144, L. Rosenthal, Kelles, Walker, Darling, Shimsky,
Burdick, Reyes, Davila, Steck, Paulin, Gunther, Otis, Hevesi. An act
to amend the General Business Law, in relation to establishing a right
of action for claims arising out of coerced debts.
ACTING SPEAKER EACHUS: On a motion by the
Senate [sic], the Senate bill is before the House. The Senate bill is
advanced and the bill is laid aside.
THE CLERK: Assembly No. A01873-A, Rules
Report No. 145, Kim, Hevesi, Burdick, Gallagher, González-Rojas,
Forrest, Lucas, Mamdani, Hyndman, Reyes, Sayegh, Taylor. An act
to amend the Labor Law, in relation to student loan repayment
information.
ACTING SPEAKER EACHUS: On a motion by Mr.
Kim, the Senate bill is before the House. The Senate bill is advanced.
The bill is laid aside.
THE CLERK: Assembly No. A01910-B, Rules
Report No. 146, Zinerman, Aubry, Hyndman, Otis, Lee, Weprin. An
act to amend the General Business Law, in relation to requiring
retailers of micromobility devices, bicycles with electric assist and
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limited use motorcycles powered by lithium-ion batteries, and
lithium-ion batteries intended for use in such devices or bicycles to
provide customers with an operating manual.
ACTING SPEAKER EACHUS: On a motion by
Zinerman [sic], the Senate bill is before the House. The bill is
advanced. The bill is laid aside.
THE CLERK: Assembly No. A02121-A, Rules
Report No. 147, Stern, Lupardo, Buttenschon, Lunsford, Shimsky,
Jensen, Byrnes, Maher, Barrett, Slater. An act to amend the Real
Property Tax Law, in relation to volunteer firefighter and ambulance
worker benefits.
ACTING SPEAKER EACHUS: Read the last
section. Oh -- I'm sorry.
On a motion by Mr. Stern, the Senate bill is before
the House. The Senate bill is advanced.
Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER EACHUS: 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.
THE CLERK: Assembly No. A02729, Rules Report
No. 148, Otis, Seawright, Simon, Stirpe, Sayegh. An act to amend the
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NYS ASSEMBLY MAY 29, 2024
Real Property Law, in relation to requiring landlords to mitigate
damages when commercial tenants vacate premises in violation of the
terms of the lease.
ACTING SPEAKER EACHUS: The bill is laid
aside.
THE CLERK: Assembly No. A03250-A, Rules
Report No. 149, Epstein, Kelles, Reyes, Sillitti, González-Rojas,
Ardila, Shimsky, Simon, McDonald, Levenberg, Taylor, L. Rosenthal.
An act to amend the Election Law, in relation to allowing
pre-registered voters to apply for an absentee or early mail ballot.
ACTING SPEAKER EACHUS: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER EACHUS: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Mr. Epstein to explain your vote.
MR. EPSTEIN: Thank you, Mr. Speaker. I rise to
explain my vote. This is a really simple fix for people who preregister
to vote. Up to now, they haven't been able to get absentee ballots until
they turn 18, but in some usual certain situations, like for example, my
son who is a October 24th birthday, when he turned 18 he was eligible
to vote but he wasn't in New York so he couldn't request an absentee
ballot in time. This allows people to -- who are pre-registered to get
the absentee ballot as long as they turn 18 by Election Day. This is
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NYS ASSEMBLY MAY 29, 2024
going to help thousands of New Yorkers who want vote to be
disenfranchised even if they don't live in New York State at the time
because they're off in college or someplace else. I encourage all my
colleagues to vote in the affirmative.
ACTING SPEAKER EACHUS: Mr. Epstein in the
affirmative.
Mr. Ra.
MR. RA: Thank you, Mr. Speaker. Just quickly, I
actually want to commend the sponsor on this. I have an early
November birthday, and the year I turned 18 was actually two days
after Election Day, but it's very -- there's been years my birthday has
been on Election Day, there's been years it's been the day before, the
day after. So this really does address a need for -- for those folks to be
able to vote in their first election, and especially in a situation where
somebody is turning 18 while they're away at college for the first time
and have no other option but to be able to vote absentee. So I'm
happy to be casting my vote in the affirmative.
ACTING SPEAKER EACHUS: Mr. Ra in the
affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A03283-A, Rules
Report No. 150, L. Rosenthal, Taylor. An act to amend the Real
Property Tax Law, in relation to information to be provided with all
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NYS ASSEMBLY MAY 29, 2024
new and renewal leases for certain housing accommodations.
ACTING SPEAKER EACHUS: The bill is laid
aside.
THE CLERK: Assembly No. A04099-A, Rules
Report No. 151, Clark, Aubry, Lunsford, Reyes, Simon, Glick, Raga,
Rozic, Davila, González-Rojas, Zaccaro, Bichotte Hermelyn,
McDonald. An act to amend the Social Services Law, in relation to
the use of child care block grant funds for the statewide presumptive
eligibility period for the receipt of child care assistance.
ACTING SPEAKER EACHUS: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER EACHUS: The Clerk will
record the vote.
(The Clerk recorded the vote.)
Ms. Clark to explain your vote.
MS. CLARK: Thank you, Mr. Speaker. I rise to
explain my vote on an exciting moment as we head to presumptive
eligibility for child care assistance across our State. Way too often
families and parents are put in a position where they get a job offer or
they have another child or something different happens in their life
and they need child care assistance right away but the process can take
anywhere from 30 and upwards of 60 days we've heard to be
approved. You can't tell your boss, your new boss that you can't come
to work for 30 days. You need to go right away. And presumptive
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eligibility now that we have been given clearance and guidance by the
Federal Government to allow our child care dollars to be used in this
way, it will go a long way to helping those families to be able to go to
work the next day if they're presumed eligible under certain situations,
which is very easy to do, something we have seen work time and time
again, and really can be the difference both for parents who need to go
to work and children who need a safe place to stay.
So I'm really excited for this moment. It's been a
long time coming to get here, and it's been a support of a lot of
different people so I'm very thankful to see it pass and I vote in the
affirmative.
ACTING SPEAKER EACHUS: Ms. Clark in the
affirmative.
Mr. Hevesi to explain his vote.
MR. HEVESI: Thank you, Mr. Speaker. In under
ten seconds this is a great bill and I want to thank all of my colleagues
for voting for it, particularly Assemblymember Clark who's been
fantastic on this issue. Really important for our child care providers in
the State of New York. Thank you to everybody here.
ACTING SPEAKER EACHUS: Perfect, 9.5
seconds. Mr. Hevesi in the affirmative.
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill has passed.
THE CLERK: Assembly No. A04138-A, Rules
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NYS ASSEMBLY MAY 29, 2024
Report No. 152, McMahon, Wallace, Conrad, Simon, Stirpe, Gunther,
Thiele, Bronson, Hevesi, Seawright, Dickens, González-Rojas, Glick,
Zebrowski, Cruz, McDonald, Kelles, Bendett, McDonough,
DeStefano, Morinello, Hawley, J. M. Giglio, J. A. Giglio, Stern, Raga,
Gandolfo. An act to amend the Public Health Law, in relation to
Down Syndrome diagnosis awareness.
ACTING SPEAKER EACHUS: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER EACHUS: 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 has passed.
THE CLERK: Assembly No. A04914-B, Rules
Report No. 153, Kelles. An act to amend the Highway Law, in
relation to designating a portion of the State Highway System as the
"Peter Wheeler Memorial Bridge."
ACTING SPEAKER EACHUS: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER EACHUS: The Clerk will
record the vote.
(The Clerk recorded the vote.)
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Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Mrs. Peoples-Stokes for an introduction.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker, for allowing me the opportunity to interrupt our proceedings
for the purposes of an introduction. It is my pleasure, as well as I
believe many of those in the Chambers as I speak, to introduce to
some and present to others the Majority Leader of the City of Buffalo
Common Council. Some of you all might remember her as my senior
advisor. Her name is Leah Halton-Pope. So Leah Halton-Pope,
Majority Leader of the Buffalo City Council. If you would provide for
her the cordialities of our House and welcome her, I would appreciate
it. Thank you, sir.
ACTING SPEAKER EACHUS: Certainly. On
behalf of Mrs. Peoples-Stokes, the Speaker and all the members of the
House, welcome and thank you for what you do, we appreciate it.
And you have a wonderful companion there to work with. Thank you
for everything you do for the City of Buffalo and for New York State.
Thank you for joining us today.
(Applause)
The Clerk will read.
THE CLERK: Assembly No. A05014-A, Rules
Report No. 154, Gray, Blankenbush, Bendett, DeStefano, J. M. Giglio.
An act to amend the Criminal Procedure Law, in relation to
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designating as peace officers certain Ogdensburg Bridge and Port
Authority security personnel.
ACTING SPEAKER EACHUS: Read the last
section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER EACHUS: The Clerk will
record the vote.
(The Clerk recorded the vote.)
ACTING SPEAKER AUBRY: Are there any other
votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05265-A, Rules
Report No. 155, Lavine. An act authorizing the County of Nassau
Assessor to accept an application for a real property tax exemption
from Lubavitch of Old Westbury.
ACTING SPEAKER AUBRY: 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.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
THE CLERK: Assembly No. A05461, Rules Report
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NYS ASSEMBLY MAY 29, 2024
No. 156, Hunter. An act to amend the Social Services Law, in relation
to conciliation and non-compliance with public assistance
employment; and to repeal certain provisions of such law relating
thereto.
ACTING SPEAKER AUBRY: The bill is laid aside.
THE CLERK: Assembly No. A05745, Rules Report
No. 157, Reyes, Dinowitz, Epstein, DeStefano, Simon, Jean-Pierre,
Colton, Darling, Forrest, Cruz, Burgos, Dilan, Raga, Jacobson. An act
to amend the Workers' Compensation Law, in relation to claims for
mental injury premised upon extraordinary work-related stress.
ACTING SPEAKER AUBRY: On a motion by Ms.
Reyes, the Senate bill is before the House. The Senate bill is
advanced and the bill is laid aside.
THE CLERK: Assembly No. A06022-A, Rules
Report No. 158, Paulin, Sayegh, Jensen, Colton. An act to amend the
Social Services Law, in relation to requiring periodic reviews of
pending applications for material change in the coverage status of
certain matters relative to new health technology assessment or
medical evidence.
ACTING SPEAKER AUBRY: 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.)
Are there any other votes? Announce the results.
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NYS ASSEMBLY MAY 29, 2024
(The Clerk announced the results.)
The bill is passed.
Mr. Goodell for the purposes of a introduction.
MR. GOODELL: Thank you, Mr. Speaker, for
allowing me to intercede on our proceedings here for an important
introduction. We are very fortunate to have with us, on behalf of
Assemblyman Ra and the entire Nassau Delegation, several very
distinguished guests including Congressman Anthony D'Esposito;
Joseph G. Cairo, Jr. who is the President of the Nassau OTB; Arthur
Walsh who is the Nassau County Chief Deputy County Executive and
he's joined by Butch Yamali and Mike Deery, and they're up visiting
us here in Albany as part of Nassau County Day. So would you
welcome these distinguished guests from Nassau County on behalf of
the entire Nassau County Delegation. Thank you, sir.
ACTING SPEAKER AUBRY: Certainly. On behalf
of Mr. Goodell, the Nassau County Delegation, the Speaker and all the
members, gentlemen, we welcome you here to the New York State
Assembly, extend to you the privileges of the floor. Understand that
you're here advocating for your county, as is your right and your
privilege and your responsibility. We hope that you enjoy this day.
We hope that your trip will be successful and good luck to all of you.
Thank you so very much.
(Applause)
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, if we can
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NYS ASSEMBLY MAY 29, 2024
now turn our attention to the last three bills on consent today, Rules
Report No. 180 by Mr. Weprin --
ACTING SPEAKER AUBRY: Shh. Let's try that
again, thank you.
MRS. PEOPLES-STOKES: I'll repeat. We're going
to continue our work today on consent with Rules Report No. 180 by
Mr. Weprin; Rules Report No. 200 by Mr. Otis; and Rules Report No.
221 by Ms. Sillitti, in that order, Mr. Speaker. Thank you.
ACTING SPEAKER AUBRY: Thank you.
Page 17, Rules Report No. 180, the Clerk will read.
THE CLERK: Assembly No. A08942, Rules Report
No. 180, Weprin, Colton. An act in relation to directing the
Department of Financial Services to conduct a study examining the
increasing costs of insurance premiums, the lack of availability of
insurance coverage for losses from flooding, and the possibility of
supporting a private flood insurance market in the State.
ACTING SPEAKER AUBRY: On a motion by Mr.
Weprin, the Senate bill is before the House. The Senate bill is
advanced.
Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
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NYS ASSEMBLY MAY 29, 2024
(The Clerk announced the results.)
The bill is passed.
Page 20, Rules Report No. 200, the Clerk will read.
THE CLERK: Assembly No. A09821, Rules Report
No. 200, Otis, Williams. An act to amend the Insurance Law, in
relation to increasing the number of properties eligible for the coastal
market assistance program.
ACTING SPEAKER AUBRY: On a motion by Mr.
Otis, the Senate bill is before the House. The Senate bill is advanced.
Read the last section.
THE CLERK: This act shall take effect immediately.
ACTING SPEAKER AUBRY: The Clerk will record
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 24, Rules Report No. 221, the Clerk will read.
THE CLERK: Assembly No. A10344, Rules Report
No. 221, Committee on Rules (Sillitti). An act to amend the
Insurance Law, in relation to parametric insurance.
ACTING SPEAKER AUBRY: Read the last section.
THE CLERK: This act shall take effect on the 30th
day.
ACTING SPEAKER AUBRY: The Clerk will record
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NYS ASSEMBLY MAY 29, 2024
the vote.
(The Clerk recorded the vote.)
Are there any other votes? Announce the results.
(The Clerk announced the results.)
The bill is passed.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Thank you, Mr.
Speaker. If I could ask members go to page 3 so we might take up our
resolutions.
ACTING SPEAKER AUBRY: Page 3, resolutions.
Assembly print 2297, the Clerk will read.
THE CLERK: Assembly Resolution No. 2297, Rules
at the request of Mr. Ramos.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 29, 2024, as Taiwan Heritage Day in
the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2298, Rules
at the request of Mr. Eachus.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 29, 2024, as Senior Health & Fitness
Day in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
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NYS ASSEMBLY MAY 29, 2024
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2299, Rules
at the request of Ms. Solages.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 4-10, 2024, as Late Onset Hearing
Loss 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. 2300, Rules
at the request of Ms. Kelles.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 2024, as Ehler Danlos Syndrome
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. 2301, Rules
at the request of Mr. DeStefano.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim May 2024, as Teen Self-Esteem Month in
the State of New York.
Mr. DeStefano on the resolution.
MR. DESTEFANO: Thank you, Mr. Speaker, for the
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opportunity to speak on this resolution. As many of us know, teen
self-esteem is a crucial aspect of adolescent development that can
greatly impact various aspects of their lives. Having a healthy level of
self-esteem allows teenagers to navigate through challenges, make
positive decisions and build strong relationships with others. On the
other hand, low self-esteem can lead to feelings of worthiness --
worthlessness, insecurity and even depression. These are several
factors that can influence teen self-esteem, including social media,
peer pressure, family dynamics and personal experiences. In today's
digital age, teenagers are constantly bombarded with unrealistic
standards of beauty, success, and popularity, which can take a toll on
their self-worth. Peer pressure to fit in and to conform to certain
norms, which can cause teens to doubt themselves and seek validation
from others. Building and maintaining healthy self-esteem in
teenagers requires a combination of self-awareness, positive
reinforcement and support from loved ones, encouraging teens to
focus on their strengths, set realistic goals and practice self-care can
help boost their confidence and sense of self-worth. Providing a
nurturing environment at home and at school where they feel accepted
and valued can also make a significant difference in their self-esteem.
It is important for adults and caregivers to be mindful of the impact of
their words and actions that have teenagers with their self-esteem,
offering encouragement, praise and constructive feedback in a
supportive manner can help teens develop a positive self-image and
resilience in the face of challenges. By fostering a culture of
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NYS ASSEMBLY MAY 29, 2024
acceptance, respect and empowerment, we can help teenagers
cultivate a strong sense of self-esteem that will serve them throughout
their lives.
Thank you, Mr. Speaker, for the opportunity.
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. 2302, Rules
at the request of Mr. Alvarez.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim June 25, 2024, as El Dia Del Bodeguero 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. 2303, Rules
at the request of Ms. Jackson.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim August 11, 2024, as Hip-Hop Celebration
Day in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2304, Rules
at the request of Ms. Rajkumar.
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Legislative Resolution memorializing Governor
Kathy Hochul to proclaim August 15, 2024, as Indian Independence
Day in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying aye; opposed, no. The resolution is
adopted.
THE CLERK: Assembly Resolution No. 2305, Rules
at the request of Ms. Lunsford.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim September 2024, as Early Intervention
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. 2306, Rules
at the request of Mr. Zebrowski.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim October 29, 2024, as Furniture and TV
Tip-Over Prevention Awareness Day in the State of New York.
ACTING SPEAKER AUBRY: On the resolution, all
those in favor signify by saying oops -- aye; opposed, no. The
resolution is adopted.
THE CLERK: Assembly Resolution No. 2307, Rules
at the request of Mr. McDonald.
Legislative Resolution memorializing Governor
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Kathy Hochul to proclaim October 2024, as Spina Bifida 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. 2308, Rules
at the request of Ms. Jean-Pierre.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim November 3-9, 2024, as Veterans
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. 2309, Rules
at the request of Mr. Slater.
Legislative Resolution memorializing Governor
Kathy Hochul to proclaim November 17, 2024, as Prematurity Day in
the State of New York.
ACTING SPEAKER AUBRY: Mr. Slater on the
resolution.
MR. SLATER: Thank you very much, Mr. Speaker.
Just quickly on the resolution. I know we are months away from
Prematurity Day, but I think it's important for us to shine a light on
risks and hardships created by premature births. I also want to take an
opportunity to raise up my own daughter who was born 36 weeks
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preterm and spent nearly a week in the NICU. And I remember those
days vividly, and I remember how hard those days were, but I also
knew that we were blessed in comparison to some of the other
families that were there along with us during that time. These days, I
have a rambunctious and energetic four-year-old who if I would let
her, she would probably step on the softball field in a little bit and hit
a home run or two with the rest of us. And so, there is good news
about premature births and the success of a healthy life ahead of those
who are born early, but do also, of course, want to continue to shine a
light for those families who continue to struggle with some of the
hardships associated with premature births, as well.
And with that, Mr. Speaker, I appreciate the
opportunity to raise these families up, raise these individuals up and,
again, keep in mind that they were all able to have successful lives,
and we continue to hold them up and hope that they continue to be
great examples for us here in the State of New York. Thank you very
much.
ACTING SPEAKER AUBRY: On the resolution,
Mr. Slater, we congratulate you about your family, happy to hear the
news.
All those in favor signify by saying aye; opposed, no.
The resolution is adopted.
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, do you
have further housekeeping or resolutions?
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NYS ASSEMBLY MAY 29, 2024
ACTING SPEAKER AUBRY: Well, we do have
some housekeeping, Mrs. Peoples-Stokes, let's try to get through this.
On a motion by Ms. Rosenthal, page 42, Calendar
No. 228, Bill No. A05990-A, amendments are received and adopted.
On a motion by Mr. Lavine, page 43, Calendar No.
322, Bill No. A09166-A, amendments are received and adopted.
On behalf of Ms. Paulin, Bill No. A00175, Assembly
bill recalled from the Senate. The Clerk will read the title of the bill.
THE CLERK: An act to amend Chapter 154 of the
Laws of 1921.
ACTING SPEAKER AUBRY: Motion to reconsider
the vote by which the bill passed the House.
The Clerk will record the vote.
(The Clerk recorded the vote.)
The Clerk will announce the results.
(The Clerk announced the results.)
The bill is before the House and the amendments are
received and adopted.
On behalf of Mr. Cunningham, Bill No. A07939-A,
Assembly bill recalled from the Senate. The Clerk will read the title
of the bill.
THE CLERK: An act to amend the General Business
Law.
ACTING SPEAKER AUBRY: Motion to reconsider
the vote by which the bill passed the House.
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NYS ASSEMBLY MAY 29, 2024
The Clerk will record the vote.
(The Clerk recorded the vote.)
The Clerk will announce the results.
(The Clerk announced the results.)
The bill is before the House and the amendments are
received and adopted.
On behalf of Mr. Thiele, Bill No. A01353, Assembly
bill recalled from the Senate. The Clerk will read the title of the bill.
THE CLERK: An act in relation to the eligibility of
(inaudible/cross talk).
ACTING SPEAKER AUBRY: Motion to reconsider
the vote by which the bill passed the House.
The Clerk will record the vote.
(The Clerk recorded the vote.)
The Clerk will announce the results.
(The Clerk announced the results.)
The bill is before the House and the amendments are
received and adopted.
On behalf of Mr. Thiele, A01640, Assembly bill
recalled from the Senate. The Clerk will read the title of the bill.
THE CLERK: An act in relation to the eligibility of
enrolled members.
ACTING SPEAKER AUBRY: Motion to reconsider
the vote by which the bill passed the House.
The Clerk will record the vote.
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NYS ASSEMBLY MAY 29, 2024
(The Clerk recorded the vote.)
The Clerk will announce the results.
(The Clerk announced the results.)
The bill is before the House and the amendments are
received and adopted.
We do have a privileged resolution, Resolution No.
2310, the Clerk will read.
THE CLERK: Assembly Resolution No. 2310, Ms.
Levenberg. Legislative Resolution celebrating the life of Sharon Julie
Feldman Rowe, devoted wife and mother, entrepreneur, author and
pioneer of the reusable bag movement.
ACTING SPEAKER AUBRY: Ms. Levenberg on
the resolution.
MS. LEVENBERG: Thank you, Mr. Speaker. I rise
to recognize the incredible life of Sharon Julie Feldman Rowe, who
was indeed a devoted wife and mother and friend to so many in the
95th Assembly District. She was an entrepreneur who started this
incredible company called ECOBAGS and was really at the precipice
of the modern recyclable bag movement. She was an incredible
leader and she took that leadership much further than so many. She --
she lived, walked and talked what she believed in, and what she
believed in was actually saving the planet and doing good by being
good. And she spoke about this with so many people, again as a
thought leader and cleaning up the planet one bag at a time. She
really was just such an incredible person. She was my friend. I met
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NYS ASSEMBLY MAY 29, 2024
her many years ago, both of us were PTA moms and I met her as she
was, I guess, in the early stages of this company. But she was also
doing so much more. She was hosting events at her house. Her
wonderful husband who is here with us today joining us, Blake Rowe,
plays the piano and he would just play his wonderful music that he
composed for the community on a regular basis, and everybody would
join at their home, and this was just one example of who this
wonderful person, Sharon, was.
Sharon was also an actor. Later in life, she decided
to take up art. I recently attended the memorial for her recognizing
the celebration of life at Bethany Arts Community in Ossining and I
think there were easily 500 people there, 300 of whom stood up to talk
about how Sharon was their best friend, and she spoke with them
everyday for at length, and that's just the kind of person she was. She
-- she couldn't be stopped. She was a swimmer. She was a great
advocate of drinking a lot of water, which many, many spoke about.
She was an author, a published author, she published the book, The
Magic of Tiny Business, which was a book that was inspired by her
lifestyle. She was a world traveler, as she traveled she always looked
to gain ideas and to bring those ideas back to her community and back
into her world and to see how we could learn here about being better
about what we're doing here in this country and in this State. And she
also was a thought leader in social innovation and sustainable and
responsible production. Her mission and value was aligned with her
business and she believed that business could be a force for good. She
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was -- she was many times featured in Time, Glamour, The Wall
Street Journal, Entrepreneur Magazine, NPR Air America, on Oprah's
first dedicated Earth Day show featuring her ECOBAGS. And I'm
really just -- she's had too many awards at least to mention. She just
was one incredible person.
And I'm so pleased again to be able to introduce her
family today. We're joined by Blake Rowe, her darling husband who
was a music instructor for many, many years in the Bronx, and her
daughter Eva and son, Julian Rowe. Eva is an architectural engineer
with a focus on sustainability, and Julian is an artist living in Beacon.
And they have been just really, just following in Sharon's footsteps.
And she couldn't have been a more fantastic person. I could go on for
a long, long time but I know that everybody here is waiting to play
softball, so I am going to say thank you to Sharon Rowe. May your
memory be a sweet blessing and an important blessing to all whose
lives you have affected, which have been so many. And thank you so
much to the Rowes for coming up here today so that we could
recognize this wonderful life here in this esteemed Body. Thank you,
and I hope that we'll all join together in recognizing this wonderful
life.
ACTING SPEAKER AUBRY: Certainly.
On the legislative resolution celebrating the life of
Sharon Julie Rowe -- Feldman Rowe and this family that has joined us
today, all those in favor signify by saying aye; opposed, no. The
resolution is adopted.
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NYS ASSEMBLY MAY 29, 2024
Congratulations, thank you for joining us today.
(Applause)
Mrs. Peoples-Stokes, we do have some other fine
resolutions which we'll take up with one vote.
On these resolutions, all those in favor signify by
saying aye; opposed, no. The resolutions are adopted.
(Whereupon, Assembly Resolution Nos. 2310-2320
were unanimously approved.)
Mrs. Peoples-Stokes.
MRS. PEOPLES-STOKES: Mr. Speaker, I now
move that the Assembly stand adjourned and that we reconvene at
9:30, Thursday, May the 30th, tomorrow being a Session day; 9:30
a.m.
ACTING SPEAKER AUBRY: The Assembly will
be adjourned and meet again at 9:30.
(Whereupon, at 3:54 p.m., the Assembly stood
adjourned until Thursday, May 30th at 9:30 a.m., Thursday being a
Session day.)
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