TUESDAY, MAY 9, 2023 2:41 P.M.

ACTING SPEAKER AUBRY: THE HOUSE WILL COME

TO ORDER.

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

SILENCE.

(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)

VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE

OF ALLEGIANCE.

(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND

MEMBERS IN THE PLEDGE OF ALLEGIANCE.)

A QUORUM BEING PRESENT, THE CLERK WILL READ THE

JOURNAL OF MONDAY, MAY 8TH.

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

DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF MONDAY, MAY THE

8TH AND THAT THE SAME STAND APPROVED.

NYS ASSEMBLY MAY 9, 2023

ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO

ORDERED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU SO MUCH. I

DO HAVE A QUOTE TODAY FOR OUR COLLEAGUES AS WELL AS GUESTS AND VISITORS

THAT ARE IN THE CHAMBERS. THESE WORDS TODAY COME FROM ALICE

WALKER. SHE'S AN AMERICAN NOVELIST, SHORT STORY WRITER AND A SOCIAL

ACTIVIST. IN 1982, SHE BECAME THE FIRST AFRICAN-AMERICAN WOMAN TO

WIN A PULITZER PRIZE FOR FICTION, WHEN SHE WAS AWARDED THE NOVEL --

AWARDED FOR HER NOVEL THE COLOR PURPLE. HER WORDS FOR US TODAY, THE

MOST COMMON THING PEOPLE GIVE AWAY IS THEIR POWER BY THINKING THAT

THEY DON'T HAVE IT [SIC]. AGAIN, THESE WORDS ARE FROM RENOWNED

NOVELIST ALICE WALKER.

MEMBERS HAVE ON THEIR DESK A MAIN CALENDAR AND A

DEBATE LIST. AFTER ANY HOUSEKEEPING AND/OR INTRODUCTIONS, WE WILL BE

CALLING FOR A WAYS AND MEANS COMMITTEE TO MEET OFF THE FLOOR, AND

WE'LL BE TAKING UP RESOLUTIONS ON PAGE 3. WE WILL THEN TAKE UP THE

FOLLOWING BILLS ON DEBATE: CALENDAR NO. 24 BY MS. ROZIC, CALENDAR

NO. 43 BY MR. WEPRIN, CALENDAR NO. 69 BY MS. ROSENTHAL, CALENDAR

NO. 72 BY MS. PAULIN, CALENDAR NO. 98 BY MS. ROZIC, CALENDAR NO.

100 BY MR. RIVERA, AND CALENDAR NO. 168 BY MR. ZEBROWSKI. THERE

MAY BE A NEED, MR. SPEAKER, TO ANNOUNCE ADDITIONAL DEBATES, BUT IF WE

GET TO THAT POINT WE'LL BE HAPPY TO ADVISE.

THAT'S THE GENERAL OF WHERE WE'RE GOING TODAY, SIR. IF

YOU HAVE HOUSEKEEPING, NOW WOULD BE A GREAT TIME.

NYS ASSEMBLY MAY 9, 2023

ACTING SPEAKER AUBRY: CERTAINLY. THANK

YOU, MRS. PEOPLES-STOKES.

ON A MOTION BY MS. PAULIN, PAGE 9, CALENDAR NO. 37,

BILL NO. A03245-C, AMENDMENTS ARE RECEIVED AND ADOPTED.

WITHOUT OBJECTION, ON A MOTION BY MR. BURDICK TO

RECONSIDER THE SUBSTITUTION OF SENATE BILL NO. S02988 FOR ASSEMBLY

BILL NO. A00343, SAID SENATE BILL IS RECOMMITTED TO THE COMMITTEE ON

CORPORATIONS, AND SAID ASSEMBLY BILL IS RESTORED TO ITS PLACE ON THE

ORDER OF THIRD READING. ON A MOTION BY MR. BURDICK, THE

AMENDMENTS ARE RECEIVED AND ADOPTED.

FOR THE PURPOSES OF A INTRODUCTION, MR. RAMOS.

MR. RAMOS: MR. SPEAKER, I RISE FOR THE PURPOSE OF

AN INTRODUCTION. TODAY, I HAVE A GROUP OF WOMEN FROM AN

ORGANIZATION IN MY COMMUNITY CALLED SEPA MUJER. THIS ORGANIZATION

DEDICATES ITSELF TO HELP WOMEN IN SITUATIONS OF DOMESTIC VIOLENCE, BUT

IT GOES A LITTLE FURTHER THAN THAT, AS THEY HELP SO MANY WOMEN,

ESPECIALLY IMMIGRANT WOMEN WHO FIND THEMSELVES IN A SITUATION -- IN A

FOREIGN COUNTRY, THEY FIND THEMSELVES IN A SITUATION WHERE THERE'S

LANGUAGE BARRIERS, THEY DON'T KNOW WHAT THE OPTIONS ARE FOR THEM.

THIS ORGANIZATION IS THERE WITH HOTLINES, THEY GO ON MEDIA, THEY DO ALL

SORTS OF REACH -- OUTREACH TO -- TO GET PENETRATE OUR COMMUNITY TO GET TO

THESE WOMEN TO LET THEM KNOW WHAT THE OPTIONS ARE AND GET THEM HELP,

ALSO IMMIGRANT SERVICES. BUT THEY DO A VERY INTERESTING THING. ONCE

THESE WOMEN ARE BROUGHT INTO THE ORGANIZATION AND THEY ARE HELPED,

THE VAST MAJORITY, THEY CONVERT THEM INTO ACTIVISTS WHO ACTUALLY GO OUT

NYS ASSEMBLY MAY 9, 2023

THERE AND START GETTING INVOLVED IN CHANGING POLICY, IN HELPING OTHER

WOMEN. SOME OF THEM MAN THE HOTLINES THEMSELVES, OTHERS COME UP

HERE AND LOBBY THE LEGISLATURE TO PASS LAWS TO HELP DOMESTIC VIOLENCE

VICTIMS AND OTHER WOMEN'S ISSUES.

AND I'D LIKE TO INTRODUCE THEM BY NAME: WE HAVE

SOFIA ARGUETA, ROXANA ALPHIZAR, NOHELIA GARCIA, ANGELA GRANADA,

ELIDIA ALPHARO, MARCIA ESTRADA AND DILCIA ERAZO. THEY ARE ALL FROM

SEPA MUJER. MR. SPEAKER, I ASK THAT YOU PLEASE GIVE THEM A WARM

WELCOME AND EXTEND THEM ALL THE PRIVILEGES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MR. RAMOS, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

HERE TO THE NEW YORK STATE ASSEMBLY, COMMEND YOU ON THE WORK THAT

YOU'RE DOING TO ASSIST OTHER INDIVIDUALS. IT IS THE HIGHEST FORM OF

SERVICE WE CAN THINK OF. WE HOPE THAT YOU WILL ENJOY YOUR VISIT,

CONTINUE YOUR ADVOCACY, AND KNOW THAT YOU ARE ALWAYS WELCOME HERE

IN THE CAPITOL OF THE STATE. THANK YOU SO VERY MUCH.

(APPLAUSE)

MR. SIMPSON FOR A INTRODUCTION.

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

ALLOWING ME THE PRIVILEGE AND HONOR TO INTRODUCE GUESTS FROM THE

114TH ASSEMBLY DISTRICT ON THEIR FIRST VISIT TO THE CAPITOL AND TO THE

ASSEMBLY CHAMBERS, THE PEOPLE'S HOUSE. THE FAMILIES WHO ARE

JOINING US TODAY INCLUDE THE MORIN FAMILY, THE CARPENTERS, THE

MATTHEWS, THE BAILEYS, THE SOBEKS, THE SAVARIES, HAGERS AND THE

SMITHS. THESE FAMILIES ARE HERE TODAY IN PARTNERSHIP WITH SCOTT AND

NYS ASSEMBLY MAY 9, 2023

ERICA MATTHEWS OF THE ADIRONDACK HOME EDUCATION FELLOWSHIP AS

PART OF HOME SCHOOL NEW YORK LOBBY DAY.

PLEASE, MR. SPEAKER, ON BEHALF OF ALL OF US, WOULD YOU

WELCOME THESE FAMILIES TO OUR CHAMBERS AND OFFER THEM THE

CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

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

HERE TO THE NEW YORK STATE ASSEMBLY, PLEASED THAT SUCH GREAT FAMILIES

HAVE COME TO JOIN US. WE EXTEND TO YOU THE PRIVILEGES OF THE FLOOR,

HOPE YOU ENJOY THE PROCEEDINGS TODAY AND HOPE YOUR TRIP TO ALBANY

HAS BEEN SUCCESSFUL. THANK YOU SO VERY MUCH. KNOW YOU ARE ALSO

ALWAYS WELCOME HERE. THANK YOU.

(APPLAUSE)

MS. SHIMSKY FOR THE PURPOSES OF A INTRODUCTION.

MS. SHIMSKY: THANK YOU VERY MUCH, MR.

SPEAKER. I'D LIKE TO ACKNOWLEDGE THE PRESENCE HERE TODAY OF

GREENBURGH TOWN COUNCILWOMAN GINA JACKSON. MS. JACKSON HAS

BEEN A STALWART ADVOCATE FOR SOCIAL AND ECONOMIC JUSTICE AND

ECONOMIC DEVELOPMENT IN ALL PARTS OF OUR LARGE AND DIVERSE TOWN. SHE

IS HERE TODAY LARGELY FOR HER DAY JOB WITH THE NEW YORK POWER

AUTHORITY, AND SHE ATTENDED THE -- THE MWBE DISCUSSIONS TODAY WITH

WILLIAM CHOI, THE DIRECTOR OF SUPPLIER DIVERSITY AT THE NEW YORK

POWER AUTHORITY, AS WELL. THEY'VE BEEN DOING GREAT WORK IN OUR AREA

AND I'M HAPPY TO HAVE THEM ACKNOWLEDGED, AND I ASK, MR. SPEAKER,

THAT YOU WELCOME THEM TO OUR CHAMBER AND GIVE THEM THE FULL

NYS ASSEMBLY MAY 9, 2023

COURTESIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. SHIMSKY, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU

BOTH HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO YOU THE

PRIVILEGES OF THE FLOOR. THANK YOU FOR THE WORK THAT YOU DO AT HOME,

AS WELL FOR ALL OF US IN THE STATE, AND WE HOPE THAT YOU CONTINUE TO BE

SUCCESSFUL IN YOUR ENDEAVORS. THANK YOU SO VERY MUCH.

(APPLAUSE)

MS. PAULIN FOR THE PURPOSES OF AN INTRODUCTION.

MS. PAULIN: THANK YOU VERY MUCH. I AM VERY

PROUD TODAY TO RECOGNIZE THE -- WELL, WE'RE -- WE'RE ACTUALLY

RECOGNIZING LATER IN A RESOLUTION PROCLAIMING AUGUST AS AMBULATORY

SURGERY CENTER MONTH IN THE STATE OF NEW YORK, AND IN HONOR OF

PASSING THE RESOLUTION WE HAVE A GROUP WHO REPRESENT THAT CENTER. SO,

AMBULATORY SURGERY CENTERS ARE A CRITICAL COMPONENT OF THE HEALTH CARE

SYSTEM IN NEW YORK STATE, PROVIDING ACCESS TO HIGH QUALITY AND SAFE

SURGICAL CARE AS WELL AS CANCER SCREENINGS. MORE THAN 2,000 DIFFERENT

PROCEDURES ARE PERFORMED AT ASCS, INCLUDING THE MOST COMMON,

WHICH WE'LL ALL RECOGNIZE, CATARACT SURGERIES, COLONOSCOPIES,

ENDOSCOPIES - HOPE I'M SAYING THAT RIGHT - AND ORTHOPEDIC PROCEDURES.

ONE OF THE MOST IMPORTANT LESSONS OF COVID-19 IS JUST HOW IMPORTANT

AMBULATORY SURGERY CENTERS ARE TO ALL OF US.

JOINING ME TODAY IN THE BACK OF THE CHAMBER FROM

THE NEW YORK STATE ASSOCIATION OF AMBULATORY SURGERY CENTERS IS JON

VAN VALKENBURG, WHO IS THE PRESIDENT; JEFFREY FLYNN, VICE PRESIDENT;

NYS ASSEMBLY MAY 9, 2023

HELEN LOWENWIRTH, TREASURER; AND MEMBERS ELISA AUGUSTE, AUSTIN

CHANG, JOHN GOEHLE, STEVEN HOUSBERG AND SUSAN SULLIVAN.

I ASK YOU, MR. SPEAKER, TO GIVE THEM THE CORDIALITIES

OF THE HOUSE AND WELCOME THEM TO OUR IMPRESSIVE AND FINE CHAMBER.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. PAULIN, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE

TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF

THE FLOOR. AND IT SOUNDED TO ME LIKE I NEEDED AT LEAST THREE OF THOSE

AMBULATORY SURGERIES AS WE STAND HERE TODAY. THANK YOU SO VERY

MUCH. CONTINUE YOUR GREAT WORK.

(APPLAUSE)

MS. SOLAGES FOR THE PURPOSES OF A INTRODUCTION.

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

TODAY, THE HOUSE WILL TAKE UP A RESOLUTION PROCLAIMING MAY 7TH TO THE

13TH FIBRO -- FIBROMYALGIA AWARENESS WEEK IN NEW YORK STATE. THIS

IS A COMPLEX DISORDER THAT CAN CAUSE WIDESPREAD PAIN, FATIGUE AND

CHRONIC DIFFICULTIES, AND IT'S OFTEN GONE UNDIAGNOSED BECAUSE THERE'S,

YOU KNOW, CHALLENGES WITH PROPER DIAGNOSEMENT [SIC] AND TREATMENT.

AND DESPITE THE SIGNIFICANT IMPACT THAT IT HAS ON PEOPLE'S LIVES, THE

LACK OF AWARENESS OF THIS CONDITION IS DISABLING. AND SO IT'S MY HONOR

AND PRIVILEGE TO INTRODUCE NEW YORKERS THAT ARE WORKING TO RAISE

AWARENESS, AND ALSO TO PROVIDE ACCURATE INFORMATION TO THOSE

INDIVIDUALS. SO IN THE BACK OF THE CHAMBER WE HAVE BRIAN HART, WHO

IS A BOARD MEMBER OF THE INTERNATIONAL INSTITUTE FOR HUMAN

EMPOWERMENT; WE HAVE SUE SHIPE, WHO IS THE CHAIR OF THE

NYS ASSEMBLY MAY 9, 2023

FIBROMYALGIA TASK FORCE OF NEW YORK STATE; SIMONE - AND I'M GOING

TO GET THIS WRONG - ALBERCIOUS [SIC]; AND PHIL ALBERCIOUS [SIC], WHO IS

WITH INTEGRATED TISSUE DYNAMICS; AND NICOLE MCFARLAND, WHO IS THE

EXECUTIVE DIRECTOR OF SENIOR HOPE.

AND SO IF YOU COULD PLEASE EXTEND THE CORDIALITIES TO

HOUSE AND THANK THESE FINE NEW YORKERS FOR ALL THE WORK THEY'RE DOING

TO RAISE AWARENESS AROUND THIS CONDITION.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. SOLAGES, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME THIS

DISTINGUISHED GROUP HERE TO THE NEW YORK STATE ASSEMBLY, EXTEND TO

YOU THE PRIVILEGES OF THE FLOOR. THANK YOU FOR THE WORK THAT YOU'RE

DOING IN ENSURING OTHER PEOPLE'S HEALTH. PLEASE CONTINUE THE WORK,

KNOW THAT YOU ARE ALSO ALWAYS WELCOME HERE. THANK YOU SO VERY

MUCH.

(APPLAUSE)

MRS. PEOPLES-STOKES FOR THE PURPOSES OF A

INTRODUCTION.

MRS. PEOPLES-STOKES: THANK YOU SO MUCH, MR.

SPEAKER. I'M HONORED TO HAVE THE OPPORTUNITY TO INTRODUCE TO YOU AND

ASK YOU TO OFFER HER THE CORDIALITIES OF THE HOUSE TO ELDER KELLY DIANE

GALLOWAY. SHE IS THE FOUNDER OF RAMP GLOBAL MISSIONS, A CHRISTIAN

HUMANITARIAN ORGANIZATION THAT SERVES THE NEEDS OF THE BROKEN,

IMPOVERISHED AND EXPLOITED AROUND THE GLOBE. SHE ALSO SERVES AS THE

FOUNDER AND PRESIDENT OF MONA'S HOUSE, A HOLISTIC RESTORATIVE PROGRAM

THAT EXISTS TO SERVE THOSE WHO HAVE BEEN EXPLOITED THROUGH HUMAN

NYS ASSEMBLY MAY 9, 2023

TRAFFICKING AND THOSE WHO ARE AT RISK. SINCE 2005, SHE LOCKED ARMS

WITH BISHOP YOUNGER AND 40 OTHER PASSIONATE COLLEGE STUDENTS TO PLANT

THE RAMP CHURCH INTERNATIONAL IN A SMALL TOWN IN ALTA VISTA, VIRGINIA.

TODAY, THERE ARE RAMP CHURCHES AROUND THE WORLD. WHILE ESTABLISHING

-- KELLY AND HER TEAM OVERSOUGHT [SIC] AND SERVED IN ORPHANAGE

SCHOOLS, SAFE HOUSES FOR CHILDREN IN NEEDS IN INDIA, NEPAL, PAKISTAN,

AND GUATEMALA. SHE ADMITS THAT HER MOST HEARTBREAKING ENCOUNTER - IT

BREAKS MY HEART TO EVEN THINK ABOUT IT - WAS WHEN SHE RESCUED FOUR

GIRLS, THE YOUNGEST OF WHICH WAS FOUR YEARS OLD, FROM THE GARBAGE

DUMPS IN GUATEMALA. THEY WERE BEING SOLD TO GARBAGE TRUCK DRIVERS

FOR THE FIRST AND BEST PICKINGS. KELLY IS AN AWARD-WINNING AND HIGHLY

SOUGHT-AFTER INTERNATIONAL SPEAKER, HUMANITARIAN, AUTHOR, GLOBAL

PHILANTHROPIST AND ABOLITIONIST. HOWEVER, HER GREATEST ACHIEVEMENTS IN

LIFE ARE TO BE KNOWN AS A SERVANT OF GOD AND MANKIND. SHE HAS WITH

HER, MR. SPEAKER, BELLA LASRENIERE AND TEENAN BENAY (PHONETIC).

THEY ARE HERE TODAY ADVOCATING FOR AN ISSUE THAT'S VERY CLOSE TO MS.

GALLOWAY'S HEART AND IS CLOSE TO MANY OF OURS AS WELL, WHICH IS HUMAN

SEXUAL TRAFFICKING.

PLEASE WELCOME THEM TO OUR CHAMBERS AND OFFER

THEM THE CORDIALITIES OF THE HOUSE.

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MRS. PEOPLES-STOKES, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME THIS DISTINGUISHED GROUP OF WOMEN HERE TO THE NEW YORK

STATE ASSEMBLY, EXTEND TO YOU THE PRIVILEGES OF THE FLOOR. OUR

CONGRATULATIONS ON YOUR ACCOMPLISHMENTS AND CONTINUING EFFORTS ON

NYS ASSEMBLY MAY 9, 2023

BEHALF OF OTHERS. CONTINUE THAT WORK. KNOW THAT YOU ALSO ALWAYS

HAVE A FRIEND HERE IN ALBANY. THANK YOU SO VERY MUCH.

(APPLAUSE)

MS. DICKENS FOR THE PURPOSES OF A INTRODUCTION.

MS. DICKENS: THANK YOU, MR. SPEAKER. ON BEHALF

OF MY COLLEAGUES ASSEMBLYMEMBER REBECCA SEAWRIGHT AND ON BEHALF

OF ALL OF US, I WANT TO ASK YOU TO PLEASE ACKNOWLEDGE THE MWBES THAT

HAVE JOINED US TODAY, BECAUSE AS WE ALL KNOW THAT THAT HAS BEEN AN

EVER-CHANGING AND LIVING PROGRAM THAT ALL OF US HAVE FOUGHT FOR.

WE'VE BEEN JOINED BY - JUST SOME OF THE FEW, BUT I WANT ALL TO STAND -

SANDRA WILKIN, VICE CHAIR OF CUNY, CITY UNIVERSITY, IF SHE WOULD

STAND; CHRISTINE ROITHMAYR, PRESIDENT OF THE WOMEN'S BUSINESS

ASSOCIATION; SIMONE PEELE, A NEW YORK CONTRACTOR, MWBE; MARTIN

STURLA - PLEASE STAND UP - CHIEF PROCUREMENT AND SUPPLIER, DIVERSITY

OFFICER FOR THE CITY UNIVERSITY OF NEW YORK; MICHELLE SLOANE, CEO OF

THE STONER CANNIBIS LIFESTYLE BOARD. I ACKNOWLEDGE EACH AND EVERY

ONE OF THEM BECAUSE THEY HAVE FOUGHT AND BEEN TO THE FOREFRONT FOR THE

FIGHT FOR MWBES. PARTICULARLY, I'VE KNOWN SANDRA WILKIN FOR YEARS,

WHO HAS FOUGHT AND WAS ONE OF THE EARLY FIGHTERS WHO MOBILIZED

WOMEN TO STAND UP AND FIGHT FOR THE RIGHT TO OWN BUSINESSES AND TO BE

ABLE TO APPLY SUCCESSFULLY FOR BIDS FOR CONTRACTS. BUT I WANT TO THANK

ALL OF THEM FOR CONTINUING THE FIGHT. SOME OF THEM HAVE OWNED THEIR

BUSINESSES FOR MORE THAN 30 YEARS, AND THEY ARE REGISTERED AS MWBES

AND I'M SO VERY PROUD OF THEM. AND ON BEHALF, ALSO, OF MICHAELLE

SOLAGES AND OUR ASSEMBLYMEMBER FROM BROOKLYN, AS WELL, I'D LIKE

NYS ASSEMBLY MAY 9, 2023

YOU TO ALL PLEASE STAND AND BE RECOGNIZED.

MR. SPEAKER, I'M ASKING FOR THE CORDIALITIES AND

PRIVILEGES OF THE HOUSE TO BE EXTENDED TO EACH AND EVERY ONE AS WE

WELCOME THEM IN THE HOUSE OF THE PEOPLE. (INAUDIBLE)

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. DICKENS, THE SPEAKER AND ALL THE MEMBERS AND ALL MEMBERS

WHO HAVE BEEN MENTIONED, WE WELCOME YOU HERE TO THE NEW YORK

STATE ASSEMBLY, COMMEND YOU ON THE WORK THAT YOU ARE DOING TO

ENHANCE THE LIVES AND THE WELL-BEING OF THOSE WHO RUN MWBE

BUSINESSES. PLEASE CONTINUE THAT WORK. KNOW THAT WE ARE GOING TO

ALWAYS BE SUPPORTIVE OF YOU. THANK YOU.

MS. DICKENS: THANK YOU.

(APPLAUSE)

MS. BICHOTTE HERMELYN FOR THE PURPOSES OF A

INTRODUCTION.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO MAKE THIS INTRODUCTION. TODAY WE HAVE

HERE MY LITTLE COUSIN, WHO I ALSO CONSIDER AS MY LITTLE NEPHEW, JEFFREY

DORESTANT FROM PENNSYLVANIA, WHO IS ALSO A BUSINESS CONSULTANT AND

HERE TODAY WITH OTHER MANY SMALL BUSINESS OWNERS WHO ARE ADVOCATING

MWBE. I'M JUST SO PROUD OF HIM. HE CAME ALSO ALONG WITH VLADIMIR

STERLIN, WHO'S WITH THE BROOKLYN CHAMBER OF COMMERCE. BUT WE'RE

JUST REALLY SO THANKFUL THAT HE GETS TO COME TO THE PEOPLE'S HOUSE, AND

I'M JUST SO PROUD OF MY LITTLE CUZ.

SO PLEASE, MR. SPEAKER, GIVE HIM A WARM WELCOME TO

NYS ASSEMBLY MAY 9, 2023

THE PEOPLE'S HOUSE (INAUDIBLE).

ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF

OF MS. BICHOTTE HERMELYN, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME YOU HERE TO THE NEW YORK STATE ASSEMBLY. CUZ, YOU'RE

FAMILY BECAUSE YOU'RE A CUZ. THANK YOU SO VERY MUCH, WE ARE PLEASED

TO HAVE YOU. KNOW THAT YOU ARE ALWAYS WELCOME HERE, AND THANK YOU.

(APPLAUSE)

MRS. PEOPLES-STOKES FOR THE PURPOSES OF A

ANNOUNCEMENT.

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

PLEASE CALL THE WAYS AND MEANS COMMITTEE TO THE SPEAKER'S

CONFERENCE ROOM?

ACTING SPEAKER AUBRY: CERTAINLY. WAYS AND

MEANS COMMITTEE, SPEAKER'S CONFERENCE ROOM IMMEDIATELY, PLEASE.

WE WILL GO TO RESOLUTIONS ON PAGE 3, ASSEMBLY NO.

419, THE CLERK WILL READ.

THE CLERK: ASSEMBLY RESOLUTION NO. 419, MR.

STIRPE.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM APRIL 30 - MAY 6, 2023 AS SMALL BUSINESS

WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER AUBRY: MR. STIRPE ON THE

RESOLUTION.

MR. STIRPE: THANK YOU, MR. SPEAKER. TODAY I RISE

TO PRESENT THIS RESOLUTION AND TO ACKNOWLEDGE THE IMPORTANCE OF SMALL

NYS ASSEMBLY MAY 9, 2023

BUSINESS IN NEW YORK STATE. THERE ARE OVER 451,000 SMALL BUSINESSES

IN NEW YORK, AND THEY ARE A POWERHOUSE TOTALING $950 BILLION IN

ANNUAL RECEIPTS. THEY PROVIDE 3.9 MILLION JOBS, WITH AN OVERALL PAYROLL

OF $190 BILLION. SMALL BUSINESS IS NEW YORK STATE'S BIGGEST JOB

CREATOR, GENERATING APPROXIMATELY 100,000 NEW JOBS ANNUALLY. THE

OWNERS OF THESE BUSINESSES INCLUDE FAMILY MEMBERS, LOCAL

ENTREPRENEURS, VETERANS, SERVICE DISABLED VETERANS, MINORITIES, WOMEN

AND IMMIGRANTS WHO BELIEVE THE AMERICAN DREAM COMES TO LIFE IN

NEW YORK.

WHILE SMALL BUSINESSES WERE HIT HARDEST DURING THE

COVID-19 PANDEMIC, THEIR NEVER-ENDING ABILITY TO ADAPT AND INNOVATE

ALLOWED THEM TO PERSEVERE INTO A POST-PANDEMIC RECOVERY. THE NEW

YORK STATE ASSEMBLY SUPPORTS THE GROWTH OF SMALL BUSINESSES BY

PROVIDING AND IMPLEMENTING PROGRAMS AND SERVICES THAT FACILITATE

ACCESS TO CAPITAL, TECHNICAL ASSISTANCE, TECHNOLOGY ASSISTANCE AND

VENTURE CAPITAL, BOTH THROUGH THE LEGISLATIVE AND BUDGETARY PROCESS.

NEW YORK'S SMALL BUSINESS DEVELOPMENT CENTERS, EXCELSIOR JOBS

PROGRAM, ENHANCED GREEN CHIPS PROJECT TAX CREDITS AND SMALL

BUSINESS LOANS ARE JUST A FEW OF THE MANY INCENTIVES THAT ASSIST OUR

SMALL BUSINESSES. THE 14 CENTERS OF EXCELLENCE AND 15 CENTERS FOR

ADVANCED TECHNOLOGY FOSTER COLLABORATION BETWEEN THE ACADEMIC

RESEARCH COMMUNITY AND BUSINESS SECTOR TO DEVELOP AND

COMMERCIALIZE NEW PRODUCTS AND TECHNOLOGIES, TO PROMOTE CRITICAL

PRIVATE SECTOR INVESTMENT IN EMERGING HIGH-TECHNOLOGY FIELDS IN NEW

YORK STATE, AND TO CREATE AND EXPAND TECHNOLOGY-RELATED BUSINESSES

NYS ASSEMBLY MAY 9, 2023

AND EMPLOYMENT. ACCORDING TO THE MOST RECENT ANNUAL REPORT, THE

CENTERS OF EXCELLENCE HAVE COMPLETED 136 PROJECTS, WITH 771 STUDENTS

ENGAGED WITH COMPANIES. THERE ARE 801 ONGOING PROJECTS, 412 NEW

JOBS CREATED, AND A REVENUE INCREASE OF MORE THAN $64 MILLION.

ACCORDING TO THE MOST RECENT ANNUAL REPORT, THE 15 CENTERS FOR

ADVANCED TECHNOLOGY REPORTED 664 JOBS CREATED AND RETAINED, AND

OVER 284 MILLION IN ECONOMIC IMPACT. THE SMALL BUSINESS CLIMATE IN

NEW YORK STATE IS BRIGHTER AND STRONGER THAN IT HAS EVER BEEN, BECAUSE

OF ITS ENTREPRENEURIAL SPIRIT, COUPLED WITH ITS EXTRAORDINARY RESILIENCE IN

THE FACE OF LARGER FORCES BEYOND ITS CONTROL.

I'D LIKE TO CONGRATULATE ALL THE INDIVIDUALS AND FAMILIES

WITH THE COURAGE TO STRIKE OUT ON THEIR OWN IN PURSUIT OF THEIR DREAM,

AND THE BELIEF THEY CAN BUILD A BETTER LIFE FOR THEMSELVES AND THEIR

FAMILIES. THANK YOU, MR. SPEAKER.

ACTING SPEAKER CUNNINGHAM: MR. ZACCARO

ON THE RESOLUTION.

MR. ZACCARO: THANK YOU, MR. SPEAKER. I RISE

TODAY IN SUPPORT OF THIS RESOLUTION RECOGNIZING THE IMPORTANCE THAT

SMALL BUSINESSES HAVE HERE IN OUR STATE. FOR GENERATIONS IN EVERY

CORNER OF NEW YORK, SMALL BUSINESS OWNERS HAVE PROVIDED INVALUABLE

SERVICES TO OUR COMMUNITIES. SMALL BUSINESSES ARE ALSO ESSENTIAL TO

THE SUSTAINED ECONOMIC GROWTH OF OUR LOCAL ECONOMIES. RECENTLY, I

HAD THE PLEASURE OF MEETING WITH NUMEROUS SMALL BUSINESS OWNERS IN

MY DISTRICT, AND I LISTENED TO THEIR CONCERNS. I HEARD WHAT HELPS THEIR

BUSINESSES THRIVE AND WHAT POLICIES THAT WE, AS LAWMAKERS, SHOULD

NYS ASSEMBLY MAY 9, 2023

ENACT IN ORDER TO KEEP SMALL BUSINESSES THRIVING IN OUR STATE. AND AS --

AND AS AN ASSEMBLYMEMBER IN THIS CHAMBER, I WILL CONTINUE TO BE

THEIR ADVOCATE HERE IN ALBANY, AND AS A MEMBER OF THE COMMITTEE ON

SMALL BUSINESSES, SUPPORT LEGISLATION THAT WILL ENABLE SMALL BUSINESSES

ACROSS THE BRONX AND ACROSS NEW YORK STATE TO THRIVE FOR GENERATIONS

TO COME.

I WANT TO THANK THE SPONSOR FOR THIS TODAY, AND THANK

YOU, MR. SPEAKER, FOR GIVING ME THE TIME TO ADDRESS THIS.

ACTING SPEAKER CUNNINGHAM: ON THE

RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED. THE

RESOLUTION HAS PASSED.

(APPLAUSE)

THE CLERK: ASSEMBLY NO. -- ASSEMBLY

RESOLUTION NO. 420, MR. DURSO.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 3, 2023 AS SKILLED TRADES DAY IN THE

STATE OF NEW YORK.

ACTING SPEAKER CUNNINGHAM: ON THE

RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED. THE

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 421, MS.

BARRETT.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 7-13, 2023 AS COMPOST AWARENESS

WEEK IN THE STATE OF NEW YORK.

NYS ASSEMBLY MAY 9, 2023

ACTING SPEAKER CUNNINGHAM: ON THE

RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED. THE

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 422, MS.

BICHOTTE HERMELYN.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 9, 2023 AS MWBE ADVOCACY DAY IN

THE STATE OF NEW YORK.

ACTING SPEAKER CUNNINGHAM: MS. BICHOTTE

HERMELYN ON THE RESOLUTION.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO SPEAK ON THIS VITAL RESOLUTION THAT

ESTABLISHES TODAY AS -- MAY 9TH AS MWBE ADVOCACY DAY.

(APPLAUSE)

I'M SO HAPPY TODAY TO BE HERE AMONGST SO MANY

MWBE STAKEHOLDERS AND ADVOCATES. WE HAVE DEPUTY MAYOR SHEENA

WRIGHT WHO'S HERE AND SO MANY OTHERS OFFICIALS WHO ARE HERE

ADVOCATING FOR EQUITY AND EMPOWERMENT. ADVOCACY DAY REPRESENTS

THE ECONOMIC EMPOWERMENT FOR MINORITIES AND WOMEN WHO OWN AND

OPERATE A BUSINESS AND INCREASING THEIR SUCCESS AND ABILITY TO THRIVE

UNDER NEW YORK STATE AND NEW YORK CITY'S MWBE PROGRAM.

DESPITE DECADES OF LEGISLATION AND PROGRAMS IN BOTH NEW YORK CITY

AND NEW YORK STATE TO THE LEVEL PLAYING FIELD FOR MWBES, DISPARITIES

CONTINUE TO PERSIST, AND OUR MWBE COMMUNITY FACES AN UPHILL BATTLE

AND ROADBLOCKS TO EQUALITY IN CONTRACTING WITH THE GOVERNMENT. IN

NYS ASSEMBLY MAY 9, 2023

1988, THE NEW YORK STATE EXECUTIVE LAW ENACTED ARTICLE 15-A TO

ENSURE AND PROMOTE FAIR AND EQUAL OPPORTUNITY IN MINORITY AND WOMEN

BUSINESS ENTERPRISE PARTICIPATION IN -- IN STATE CONTRACTS THROUGH THE

ESTABLISHMENT OF GOALS FOR MINORITY AND WOMEN-OWNED BUSINESS

PARTICIPATION. AND IN 1989, THE U.S. SUPREME COURT RULING IN THE

LANDMARK CASE, CITY OF RICHMOND VS. J.A. CROSON AND OTHERS HAD

FOLLOWED IT AND SET LEGAL BOUNDARIES FOR MUNICIPALITIES INTENDING TO

CREATE MINORITY BUSINESS ENTERPRISE PROGRAMS. THEN IN 2005, NEW

YORK CITY ESTABLISHED A MWBE MINORITY AND WOMEN-OWNED BUSINESS

ENTERPRISE PROGRAM VIA LOCAL LAW 129. THANKS TO MY COLLEAGUES

SENATOR SANDERS AND INEZ DICKENS, WHO WAS THEN IN THE CITY COUNCIL,

TO -- TO PROMOTE THE GROWTH AND SUCCESS OF MINORITY AND

WOMEN-OWNED BUSINESSES IN THE CITY, REQUIRING THAT A CERTAIN

PERCENTAGE OF CITY'S CONTRACTS FOR GOODS, SERVICES AND CON --

CONSTRUCTION BE AWARDED TO MWBES. AND ON THE STATE LEVEL IN 2014,

NEW YORK STATE LAUNCHED AN MWBE CERTIFICATION CAMPAIGN TO

ENCOURAGE MINORITY AND WOMEN BUSINESS OWNERS TO CERTIFY WITH THE

STATE AND TAKE ADVANTAGE OF THE BILLIONS OF DOLLARS IN STATE

PROCUREMENT OPPORTUNITIES, AND THE GOVERNOR PLEDGED TO INCREASE

MWBE CERTIFICATIONS BY AN ADDITIONAL 2,000 BUSINESSES, A GOAL THAT

THE STATE IS STILL TO EXCEED. IN JANUARY 2016, THEY DID SO. AS A RESULT,

THE NUMBER OF STATE-CERTIFIED FIRMS HAD MORE THAN DOUBLED IN JUST FIVE

YEARS. SINCE THEN, NEW YORK STATE AND NEW YORK CITY HAS BECOME A

NATION LEADER IN MWBE UTILIZATION.

WE STILL HAVE A LOT OF WORK TO DO. DESPITE OUR

NYS ASSEMBLY MAY 9, 2023

PROGRESS, THE DISPARITIES ARE STILL CLEAR. IN 2010, THE STATE FIRST

COMMISSIONED A DISPARITY STUDY THAT WOULD LATER BE USED TO ESTABLISH

STATEWIDE GOALS FOR MINORITIES AND WOMEN IN STATE CONTRACTS. IN 2016,

ANOTHER STUDY WAS COMPLETED. IT REVEALED THAT, AGAIN, A DISPARITY EXISTS

OF MWBES CONTINUED BEING DISENFRANCHISED. TODAY, WE ADVOCATE FOR

REFORMS AND RECOMMENDATIONS GATHERED FROM THESE DISPARITY STUDIES

AND FEEDBACK FROM THE MWBES TO ADDRESS THESE DISPARITIES, INCLUDING

OUTREACH TO MWBES, IMPROVING ACCESS TO BONDING, INSURANCE, ACCESS

TO CAPITAL, INCREASING MENTORSHIP PROGRAMS, THE USE OF RACE-CONSCIOUS

AND GENDER-CONSCIOUS MEASURES IN CITY CONTRACTING, STATE LEVEL,

ELIMINATE THE PERSONAL NET WORTH, AND INCREASING WOMEN AND MINORITY

CONTRACT WORKERS.

TO MARK MWBE ADVOCACY DAY, CITY AND STATE

AGENCIES AND MWBES AND STAKEHOLDERS WHO ARE HERE ARE MEETING AND

NETWORKING WITH EACH OTHER TO DISCUSS HOW WE'RE GOING TO PUSH

FORWARD TO INCREASE PARTICIPATION. THANK YOU, MR. SPEAKER.

ACTING SPEAKER CUNNINGHAM: ON THE

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

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 423, MS.

BUTTENSCHON.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 9, 2023 AS TEACHER APPRECIATION DAY

IN THE STATE OF NEW YORK.

ACTING SPEAKER CUNNINGHAM: MS.

NYS ASSEMBLY MAY 9, 2023

BUTTENSCHON ON THE RESOLUTION.

MS. BUTTENSCHON: THANK YOU, MR. SPEAKER.

TODAY, WE HONOR OUR TEACHERS. SO MANY OF US IN THIS CHAMBER CAN

THINK BACK TO THE DAYS WHEN SIGNIFICANT TEACHERS HAVE PLACED THOSE

EVERLASTING MEMORIES AND INFLUENCES ON ALL OF US. IN FACT, MAYBE WHY

SOME OF US ARE HERE TODAY. OCTOBER 5TH IN 1994, MORE THAN 100

DIFFERENT COUNTRIES CREATED THE FIRST WORLD TEACHER'S DAY, WHICH

DEDICATED NATIONAL TEACHER'S DAY AS THE FIRST FULL TUESDAY IN MAY FOR

EVERYONE. THIS DAY FOCUSES ON TEACHERS WHO WORK TO MAKE OUR

SCHOOLS GREAT PLACES FOR LEARNING AND WISDOM AND EDUCATION, AS WELL AS

PHYSICAL AND SOCIAL, AS WE HAVE SEEN OVER THE LAST FEW YEARS.

I WANT TO TAKE THIS TIME, AGAIN, TO THANK ALL THE

TEACHERS THROUGHOUT THE STATE OF NEW YORK FOR ALL THEY'VE DONE AND THE

POSITIVE INFLUENCES THEY'VE PROVIDED NOT ONLY TO EVERYONE IN THIS ROOM,

BUT EVERYONE THROUGHOUT THE STATE. THANK YOU, MR. SPEAKER.

ACTING SPEAKER CUNNINGHAM: MR. EACHUS

ON THE RESOLUTION.

MR. EACHUS: THANK YOU, MR. SPEAKER, FOR

ALLOWING ME TO SPEAK ON THE RESOLUTION. WE ARE REQUESTING THAT

GOVERNOR KATHY HOCHUL PER -- PROCLAIM TODAY AS TEACHER

APPRECIATION DAY. AND MOST OF US THINK OF TEACHERS AS THOSE FOLKS

STANDING IN FRONT OF A CLASSROOM WHO HAVE TAUGHT US IN THE PAST. BUT

THIS IS NOT PROFESSIONAL TEACHER'S APPRECIATION DAY, IT'S TEACHER'S

APPRECIATION DAY. AND EVERY ONE OF MY COLLEAGUES OUT HERE ON THE

FLOOR HAVE EVERY RIGHT TO THINK OF THEMSELVES AS TEACHERS. THEY TEACH

NYS ASSEMBLY MAY 9, 2023

FOLKS EACH AND EVERY DAY, AND I, ALONG WITH THEM, ARE VERY PROUD TO DO

THAT. I SEE A LOT OF MOTHERS OUT HERE WHO ARE TEACHERS ON A MINUTE-BY-

MINUTE, DAY-BY-DAY BASIS, AND FATHERS OUT HERE WHO DO THE SAME THING.

WHAT DO WE WANT IN TERMS OF APPRECIATION DAY? ALL THAT EVERY AND

ANY TEACHER WANTS IS TO BE APPRECIATED FOR WHAT THEY DO. A LITTLE --

LITTLE THANK YOU IS SUFFICIENT ENOUGH AND, OF COURSE, IF YOU COULD GO

EVEN FARTHER THAN THAT TO WELCOME THESE TEACHERS AND TO GIVE THEM A

HAND IN THEIR DUTIES, IT IS HELPFUL.

SO THANK YOU, MR. SPEAKER, FOR THE TIME.

ACTING SPEAKER CUNNINGHAM: MR. SAYEGH

ON THE RESOLUTION.

MR. SAYEGH: THANK YOU VERY MUCH. ALSO WANTED

TO RISE, SHOW OUR APPRECIATION FOR TEACHERS ALL ACROSS OUR STATE. AND AS

AN EDUCATOR FOR 40 YEARS AND HAVING SUPERVISED TEACHERS FOR NEARLY 30

YEARS, I CAN TELL YOU THAT WHEN TEACHING IS EFFECTIVE, TEACHING PROVIDES

QUALITY LEARNING. AND I CAN TELL YOU, NEW YORK STATE, IN MY DISTRICT OF

YONKERS, WORKING CLOSELY WITH MY FEDERATION OF TEACHERS, I CAN

EXPRESS HOW MUCH APPRECIATION ALL OF US HAVE FOR THE TEACHING

PROFESSION AND THE IMPACT THAT TEACHERS HAVE ON NOT ONLY QUALITY

LEARNING, BUT SOCIAL DEVELOPMENT AND MOTIVATING STUDENTS TO ACHIEVE TO

THEIR MAXIMUM POTENTIAL.

SO TODAY I STAND IN SUPPORT OF OUR TEACHERS AND TO

SHOW OUR APPRECIATION. WE ENCOURAGE THE GOVERNOR TO SIGN OFF ON THIS

VERY SPECIAL RESOLUTION HONORING TEACHERS ALL ACROSS OUR STATE. THANK

YOU VERY MUCH.

NYS ASSEMBLY MAY 9, 2023

ACTING SPEAKER CUNNINGHAM: ON THE

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

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 424, MS.

SOLAGES.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM MAY 7-13, 2023 AS FIBROMYALGIA

AWARENESS WEEK IN THE STATE OF NEW YORK.

ACTING SPEAKER CUNNINGHAM: ON THE

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

RESOLUTION IS ADOPTED.

THE CLERK: ASSEMBLY RESOLUTION NO. 426, MS.

PAULIN.

LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR

KATHY HOCHUL TO PROCLAIM AUGUST, 2023 AS AMBULATORY SURGERY

MONTH [SIC] IN THE STATE OF NEW YORK, IN CONJUNCTION WITH THE

OBSERVANCE OF NATIONAL AMBULATORY SURGERY CENTER MONTH.

ACTING SPEAKER CUNNINGHAM: ON THE

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

RESOLUTION IS ADOPTED.

MS. BICHOTTE HERMELYN.

MS. BICHOTTE HERMELYN: THANK YOU, MR.

SPEAKER, FOR ALLOWING ME TO DO THIS INTRODUCTION TODAY. TODAY, WE

HAVE THE FIRST DEPUTY MAYOR OF NEW YORK CITY WITH US, MS. SHEENA

WRIGHT. LET'S GIVE HER A ROUND OF APPLAUSE.

NYS ASSEMBLY MAY 9, 2023

(APPLAUSE)

SHE IS CARRYING THE TORCH. SHE IS THE FIRST BLACK

WOMAN TO HOLD THE POSITION OF FIRST DEPUTY MAYOR TO THE LARGEST CITY

IN THE NATION. WE ARE ACTUALLY SO PROUD OF HER. SHE IS WORKING ON A

NUMBER OF INITIATIVES TO PUSH OUR CITY FORWARD, ESPECIALLY AROUND

MWBES AND MAKING SURE THAT IT'S EQUITABLE IN OUR WORKFORCE. WE ARE

JUST SO PROUD OF HER AND WE WANT YOU TO PLEASE EXTEND OUR WARM

GRATITUDE TO THE FIRST DEPUTY MAYOR OF NEW YORK CITY, SHEENA

WRIGHT.

(APPLAUSE)

ACTING SPEAKER CUNNINGHAM: ON BEHALF OF

MS. BICHOTTE HERMELYN, THE SPEAKER AND ALL THE MEMBERS, WE

WELCOME YOU TO THIS CHAMBER. WE EXTEND THE PRIVILEGE OF THE FLOOR

AND HOPE YOU ENJOY THE PROCEEDINGS. THANK YOU FOR JOINING US.

(APPLAUSE)

MS. TAPIA FOR THE PURPOSES OF AN INTRODUCTION.

MS. TAPIA: THANK YOU, MR. SPEAKER, FOR ALLOWING

ME THE OPPORTUNITY TO RECOGNIZE THE NEW YORK WOMEN'S CHAMBER OF

COMMERCE AS WE CELEBRATE TODAY W -- MWBE ADVOCACY DAY. WE

HAVE WITH US TODAY QUENIA ABREU, WHO IS THE PRESIDENT OF THE

CHAMBER, THE NEW YORK CHAMBER OF COMMERCE WITH MORE THAN 5,000

MEMBERS IN THE CITY OF NEW YORK AND ALL OVER, AND GROWING. AND IT

IS, YOU KNOW, ALL OF US KNOW THAT SMALL BUSINESSES ARE THE BACKBONE OF

OUR COMMUNITIES, AND HAVING AN ADVOCACY DAY TODAY, I THANK MS.

BICHOTTE -- ASSEMBLYMEMBER BICHOTTE FOR DOING THIS TODAY, THE

NYS ASSEMBLY MAY 9, 2023

CELEBRATION OF THE SMALL BUSINESSES, AND ESPECIALLY THE MWBE

BUSINESSES, THE MINORITY AND WOMEN BUSINESS ENTERPRISES. AND WE

HAVE TODAY WITH US ANGIE PETTIS, VERSACIO; CLARABELLE PENA, MARTHA

FIGUERO, LEAGUE AMERICANA; YVETTE MEDRANO, VENTA VENTIUNO FAMILY

HAIR DESIGN; JAHIR ROSARIO, TURBO EXPRESS; MONICA -- MONIQUE

ALBORNOZ, CLINICAL 5S SPACE INNOVATIONS; CARLIE DELEMMA; PORSCHE

MARTIN, MARTIN PROFESSIONAL; ESHAWN CALDWELL, AUTISM MOMS IN

RELIEF; DANIELLE ITURRA, VISTA RENOVATIONS; LAJUANA ESMITH HORTNICK,

THE ESPA APP; AND ARITA DUNCAN, WIDE RIVER CONSULTANT (ALL

PHONETIC).

MR. SPEAKER, SHOW THE CORDIALITY OF THE -- OF THE

HOUSE AND WELCOME THEM TODAY AS WE CELEBRATE MWBE ADVOCACY

DAY.

ACTING SPEAKER CUNNINGHAM: ON BEHALF OF

MS. TAPIA, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU TO THIS

CHAMBER, EXTEND THE CORDIALITIES OF THE FLOOR AND HOPE YOU ENJOY THE

PROCEEDINGS.

(APPLAUSE)

ACTING SPEAKER AUBRY: PAGE 8, CALENDAR NO.

24, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01368-A, CALENDAR

NO. 24, ROZIC, COLTON, RIVERA, L. ROSENTHAL, OTIS. AN ACT TO AMEND

THE PUBLIC SERVICE LAW, IN RELATION TO THIRD-PARTY NOTIFICATION.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROZIC.

NYS ASSEMBLY MAY 9, 2023

MS. ROZIC: I'M READY, MR. SPEAKER. SO, THIS BILL

REQUIRES UTILITY CORPORATIONS, MUNICIPALITIES, TELEPHONE, CABLE AND CELL

SERVICE COMPANIES TO ALLOW CUSTOMERS TO DESIGNATE A THIRD PARTY TO

RECEIVE NOTICES ON THEIR BEHALF. IT PUTS IN STATUTE THE ABILITY FOR

CUSTOMERS TO DESIGNATE THIRD PARTIES AND HELP CUSTOMERS LOOKING TO

RECEIVE ASSISTANCE FROM A TRUSTED THIRD PARTY LIKE A RELATIVE OR A FRIEND,

OR A DAUGHTER OR SON WITHOUT FULLY TAKING AWAY THEIR INDEPENDENCE. I'LL

SAY MORE GENERALLY, THE INTENT BEHIND THIS LEGISLATION IS TO BOTH PREVENT

FOLKS FROM GETTING TO THE POINT OF TERMINATION OR COLLECTION, WHICH IS

WORSE FOR THE CONSUMER IN THE LONG TERM, WHILE ALSO MAKING SURE THAT

COMPANIES GET PAID TIMELY, AND PROVIDING A LONG-TERM CONTINUED

INDEPENDENCE FOR OUR ELDERS OR FOLKS WHO NEED IT AND CHOOSE TO OPT

INTO THIS PROGRAM. AND CURRENTLY, THE STATUTE ONLY APPLIES TO TRADITIONAL

UTILITIES AND ALSO ONLY FOR NOTICES OF TERMINATION OF SERVICE, BUT THIS

ACTUALLY EXPANDS IT TO OTHER THINGS.

ACTING SPEAKER AUBRY: MR. PALMESANO.

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

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MS. ROZIC, WILL YOU

YIELD?

MS. ROZIC: SURE.

ACTING SPEAKER AUBRY: MS. ROZIC YIELDS, SIR.

MR. PALMESANO: THANK YOU VERY MUCH, I -- I

APPRECIATE IT. CURRENTLY RIGHT NOW UNDER THE PUBLIC SERVICE LAW,

RESIDENTIAL GAS, ELECTRICITY AND STEAM CORPORATIONS DO PERMIT THEIR

NYS ASSEMBLY MAY 9, 2023

CUSTOMERS TO DESIGNATE A THIRD PARTY TO RECEIVE COPIES OF NOTICES,

CORRECT?

MS. ROZIC: YES, FOR TERMINATION AND COLLECTION

ATTEMPTS ON AMOUNTS OWED BY THE CUSTOMER.

MR. PALMESANO: AND THIS -- THIS LEGISLATION

WOULD EXPAND THE THIRD-PARTY NOTIFICATION TO INCLUDE NOTICES FOR ROUTINE

BILLS FOR PHONE, CABLE, AND INTERNET PROVIDERS, CORRECT?

MS. ROZIC: YES, AND IT ALSO RELATES OR EXPANDS TO

NOTICES DEALING WITH AMOUNTS DUE OR PAST DUE ON BILLS, IT DEALS WITH

AMOUNTS PAID BY THE CUSTOMER OR ON THE CUSTOMER'S BEHALF. AND, IN

ADDITION, WHAT I JUST SAID --

MR. PALMESANO: RIGHT.

MS. ROZIC: -- TERMINATION AND COLLECTION.

MR. PALMESANO: ONE QUESTION I WANTED TO ASK IS

RELATIVE -- THE PUBLIC SERVICE COMMISSION DOES NOT HAVE JURISDICTION

OVER MANY OF THE SERVICES THIS -- THAT'S PROVIDED FOR IN THIS BILL. THE F

-- THE FCC PREEMPTS RELATIVE TO THE INTERSTATE COMMERCE CLAUSE,

TELECOMMUNICATION SERVICES. HOW DO YOU RECONCILE WITH THE FACT THAT

THE SERVICES THAT YOU'RE EXPANDING HERE ARE NOT UNDER THE JURISDICTION

OF THE PUBLIC SERVICE COMMISSION AND THEY'RE PREEMPTED BY THE FCC?

MS. ROZIC: I HAVE A SEPARATE BILL THAT WOULD

INCLUDE A LOT OF THOSE COMPANIES INTO THE PUBLIC SERVICE LEVEL, WE CAN

TALK ABOUT THAT ANOTHER DAY. THIS IS REALLY BASED ON OTHER MODELS THAT

WE'VE SEEN ACROSS THE COUNTRY --

MR. PALMESANO: RIGHT.

NYS ASSEMBLY MAY 9, 2023

MS. ROZIC: -- INCLUDING CONNECTICUT.

MR. PALMESANO: AND THE PUBLIC SERVICE LAW

ALSO SUSPENDED THE PSC'S JURISDICTION OVER CELLULAR PROVIDERS, AND SO

THEY WOULD NOT BE ENFORCED BY THE PSC UNDER THIS BILL, CORRECT? WE

NEED TO PASS YOUR OTHER BILL, WHICH --

MS. ROZIC: YEAH, WE SHOULD PASS MY OTHER BILL

(INAUDIBLE) --

MR. PALMESANO: WELL, I DISAGREE WITH YOU ON

THAT. WE'LL TALK ABOUT THAT IF YOU EVER BRING THAT TO THE FLOOR, TOO.

I DID WANT TO TALK ABOUT CONFIDENTIALITY ISSUES. SO

NOW, LIKE RIGHT NOW, IF SOMEONE WANTED TO DESIGNATE SOMEONE, IF MY

MOTHER WANTED TO DESIGNATE ME, SHE COULD GET ME -- WE COULD GET

ONLINE AND I COULD GET ACCESS TO HER INFORMATION. WHY CAN'T WE DO IT IN

A VOLUNTARY METHOD VERSUS MANDATING THAT THE -- THE

TELECOMMUNICATIONS COMPANIES OR THESE PROVIDERS NOW HAVE TO SEND

THESE AGREEMENTS TO THEM?

MS. ROZIC: SO THIS IS -- THIS IS AN OPT-IN PROGRAM.

IT IS MANDATORY FOR COMPANIES, BUT PEOPLE HAVE TO OPT IN, CONSUMERS

HAVE TO OPT IN TO THIS PROGRAM OR TO RECEIVE THE NOTICES. SO THIS IS

SPECIFICALLY SPEAKING TO THAT CONCERN OF GETTING FOLKS TO ACTIVELY,

PROACTIVELY SAY, I WANT TO -- AND I CHOOSE THIS PERSON TO BE MY THIRD

PARTY NOTICE.

MR. PALMESANO: SO THE THING IS NOW, WHY DOES

THE TELECOMMUNICATE -- OR THE COMPANY OR PROVIDER HAVE TO ENSURE THE

ACCURACY OF THE INFORMATION? BECAUSE NOW, LIKE I SAID, WE COULD DO IT

NYS ASSEMBLY MAY 9, 2023

VOLUNTARY, THEN I CAN GET SOMEONE THAT CAN ACCESS ONLINE, I CAN GET

THEIR -- THEIR -- THEIR BILLS, THAT TYPE OF THING. BUT IF YOU HAVE TO VERIFY

THE ACCURACY OF IT, SO NOW I SEND IT IN AND I WANTED TO GET (INAUDIBLE)

REPORTS. NOW, YOU HAVE -- AS A COMPANY ARE CAUGHT IN THE MIDDLE AND

NOW HAVE TO VERIFY THE ACCURACY AND TAKE EXTRA STEPS TO -- TO VERIFY

THAT. WHY DOES THAT FALL -- WHY DOES THAT BURDEN FALL ON THE COMPANY

TO DO THAT?

MS. ROZIC: I WOULD HOPE THAT MOST COMPANIES

ALREADY DO THAT, BUT LIKE I SAID AT THE TOP, THEY ALREADY ARE MANDATED TO

DO THIS FOR TERMINATION AND FOR COLLECTION, SO WE'RE MERELY EXPANDING IT

TO OTHER NOTICES.

MR. PALMESANO: I MEAN -- I MEAN, OBVIOUSLY

ANOTHER ROUTE -- AVENUE THAT PEOPLE CAN GO, WHEN YOU HAVE POWER OF

ATTORNEY THERE'S A LEGAL DOCUMENT THAT'S SIGNED SO THAT PERSON WOULD

KNOW THAT THAT INDIVIDUAL IS THE LEGAL REPRESENTATIVE VERSUS HAVING TO

GO BACK AND VERIFYING THAT AND TRYING TO CONFIRM THAT AND CHASING

PEOPLE AROUND TO VERIFY THAT -- THAT THE PERSON THAT'S BEING DESIGNATED

IS -- IS THE ACCURATE AND CORRECT INFORMATION, CORRECT?

MS. ROZIC: IS -- IS THERE A QUESTION?

MR. PALMESANO: YEAH. WELL, I MEAN --

MS. ROZIC: SO THE -- THE -- HERE'S THE DIFFERENCE.

THE POWER OF ATTORNEY REQUIRES YOU TO HIRE AN ATTORNEY, HAVING A

NOTARY AUTHORIZE THE PAPERWORK. IT'S POTENTIALLY COSTLY, IT'S

BURDENSOME. IF THERE'S ALREADY SOMEONE WHO YOU'RE CLOSE TO, SUCH AS A

CHILD HELPING A PARENT, IN YOUR CASE, YOU KNOW, THIS SHOULD JUST BE

NYS ASSEMBLY MAY 9, 2023

SOMETHING THAT THE COMPANY OFFERS TO YOU, WHICH THEY ALREADY DO IN

SOME CASES. BUT THIS SHOULD BE A SERVICE THAT THEY ALREADY OFFER TO YOU.

IT SHOULDN'T BE THE BURDENSOME CASE THAT I HAVE TO GO HIRE AN ATTORNEY

IN ORDER TO GET A BILL NOTICE FOR MY MOM.

MR. PALMESANO: WOULDN'T IT ALSO, LIKE I SAID, BE

EASIER JUST TO, WHICH THEY CAN DO NOW VOLUNTARY, JUST SET UP AN ONLINE

WHERE YOU CAN LOOK AT THE INDIVIDUAL'S INFORMATION RIGHT ONLINE VERSUS

NOW, AGAIN, HAVING TO SEND OUT BILLS AND NOTICES IN WRITING TO SOMEONE

WHO THEY HAVE TO VERIFY.

MS. ROZIC: AND THERE ARE SOME COMPANIES THAT

ALREADY DO THAT, BUT NOT ALL.

MR. PALMESANO: IS THERE ANY CONCERN ABOUT

SENSITIVE INFORMATION? YOU KNOW, PHONE NUMBERS, I MEAN, YOU KNOW,

YOU CAN GET CASES WHERE THERE MIGHT BE ISSUES OF DOMESTIC VIOLENCE OR

CUSTODY MATTERS WHERE, YOU KNOW, IT COULD HAVE SOME SENSITIVE

INFORMATION. SO WHO'S SENDING THAT IN? I MEAN, AND THAT INFORMATION

BEING PROVIDED TO SOMEONE ELSE. I MEAN, ISN'T THERE ANY CONCERN ON

HOW YOU PROTECT THAT SENSITIVE INFORMATION?

MS. ROZIC: BECAUSE -- BECAUSE IT'S AN OPT-IN

PROGRAM, BOTH PARTIES HAVE TO AGREE, SO...

MR. PALMESANO: ALL RIGHT. ONE OTHER -- COUPLE

OF OTHER QUESTIONS I WANT TO ASK YOU. IS THERE A PROBLEM? ARE WE

SEEING A PROBLEM WITH THIS? I MEAN, I KNOW THIS BILL HAS BEEN AROUND

SINCE 2008, IS IT -- HAVEN'T -- HAS THERE BEEN AN UPSWING IN PROBLEMS IN

NEEDING TO ADDRESS THIS ISSUE, ESPECIALLY KNOWING THAT THE FCC IS

NYS ASSEMBLY MAY 9, 2023

GOING TO PREEMPT THIS?

MS. ROZIC: IT -- IT COMES FROM MANY CONSTITUENT

CASES THAT I HEARD OF BEFORE I GOT HERE AND NOW AS A MEMBER MYSELF.

MR. PALMESANO: ARE YOU -- ARE YOU -- DO YOU

HAVE ANY CONCERNS ABOUT -- I KNOW THIS IS ABOUT A CONSUMER-RELATED

BILL AND I KNOW YOU'RE CHAIR OF THE CONSUMER'S -- CONSUMER AFFAIRS

COMMITTEE, ABOUT THESE EXTRA MANDATES THAT ARE GOING TO BE PLACED ON

THESE COMPANIES, ESPECIALLY ONES WE WANT TO PROVIDE BROADBAND

SERVICES IN OUR RURAL AREA THAT ARE STRUGGLING. ISN'T THERE A CONCERN

ABOUT COST IMPACTS WITH THESE MANDATES THAT WE CONTINUE TO PLACE ON

THESE BUSINESSES AND HOW THAT -- HOW DO YOU RECONCILE THAT?

MS. ROZIC: SO, IN -- IN TWO -- THERE MIGHT BE SOME

ADMINISTRATIVE COSTS TO THE COMPANY, BUT WHAT I WANT TO REMIND YOU OF

IS -- I GUESS THERE ARE THREE SCENARIOS, RIGHT? ONE IS THE CUSTOMER

RECEIVES THE BILL; SECOND, THE CUSTOMER OPTS TO HAVE A THIRD PARTY

RECEIVE THE BILL; AND THEN THE THIRD OPTION IS FOR BOTH THE CUSTOMER AND

THE THIRD PARTY TO RECEIVE THE BILL. SO IN THE FIRST CASE THERE'S NO EXTRA

CHARGE OR ADMINISTRATIVE COSTS, BECAUSE YOU'RE STILL HAVING ONE BILL

PRINTED OR SENT. THE SECOND OPTION IS AN IDENTICAL BILL SENT TO THE THIRD

PARTY, SAME THING. AND THEN I GUESS IN THE THIRD SCENARIO THERE MIGHT

BE A SMALL ADMINISTRATIVE COST TO THE COMPANY TO CREATE A SECOND COPY

OF THE BILL.

MR. PALMESANO: OKAY, THANK -- THANK YOU. I

APPRECIATE YOUR TIME, MS. ROZIC.

MR. SPEAKER, ON THE BILL.

NYS ASSEMBLY MAY 9, 2023

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. PALMESANO: YES, MR. SPEAKER. I CERTAINLY

UNDERSTAND THE INTENTIONS AND WHAT THE SPONSOR IS TRYING TO DO WITH THIS

LEGISLATION. I THINK I JUST HAVE SOME CONCERNS. NUMBER ONE, THIS CAN

ALREADY BE DONE. WE CAN SET THIS UP IN A VOLUNTARY MANNER, LET

INDIVIDUALS WORK OUT WITH THE PERSON THEY WANT TO HELP THEM TO GET --

GET THEIR INFORMATION ACCESSED ONLINE. BUT NOW, WE'RE PUTTING THE --

THE COMPANY, THE PROVIDER IN THE MIDDLE AND NOW -- NOW THE ONUS IS

ON THEM TO VERIFY THE INFORMATION, THE ACCURACY OF THE INFORMATION, THE

ACCURACY OF THE PERSON WHO'S BEING DESIGNATED BECAUSE SOMEONE COULD

JUST SEND IN A NOTICE SAYING, I'M ED RA'S REPRESENTATIVE, BUT NOW THEY

HAVE TO GO BACK AND VERIFY THAT. WHY SHOULD THAT ONUS BE PUT ON THE --

THE CORPORATION OR THE BUSINESS WHO IS PROVIDING THAT INFORMATION? SO

THE ISSUE IS ALREADY THERE TO ADDRESS.

ALSO, THERE'S ANOTHER ISSUE HERE, AGAIN, RELATIVE TO THE

FEDERAL PREEMPTION. THE P -- THE FCC WILL PREEMPT THIS BECAUSE THE

PSC DOES NOT HAVE JURISDICTION OVER THE SERVICES AND -- AND -- AND

PROVIDERS THAT THIS BILL IS TRYING TO EXPAND. I KNOW SHE DOESN'T -- THE

SPONSOR HAS ANOTHER LEGISLATION WHICH WOULD BE SUBJECT TO A MUCH

MORE VIGOROUS DEBATE ON THE FLOOR IF THIS WERE TO COME UP, BUT THAT'S

PROBLEMATIC BECAUSE THE FCC CAN PREEMPT IT, THEY WILL PREEMPT IT SO

IT'S NOT GOING TO MOVE FORWARD ANYWAY. IT JUST DOESN'T MAKE SENSE.

AND I THINK, YOU KNOW, COMING FROM AN UPSTATE RURAL AREA THAT'S

SUFFERING FROM BROADBAND COVERAGE AND NEEDS MORE COVERAGE, I'D

RATHER SEE US FOCUSING THE ATTENTION ON THESE -- THESE PROVIDERS TO

NYS ASSEMBLY MAY 9, 2023

EXPAND THEIR SERVICES AND USING THEIR RESOURCES TO EXPAND THESE

SERVICES RATHER THAN HAVE TO SPEND RESOURCES TO -- TO -- TO ADJUST AND

ADHERE TO THIS COSTLY MANDATE THAT WILL BE PLACED UPON THEM.

SO THERE'S A NUMBER OF REASONS, BUT FOR -- FOR THOSE

REASONS, MR. SPEAKER, I WILL BE VOTING IN THE NEGATIVE AND I WOULD URGE

MY COLLEAGUES TO DO THE SAME. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE I THINK IS GOING TO BE GENERALLY OPPOSED TO THIS. CERTAINLY,

MEMBERS MAY WANT TO SUPPORT IT AND CAN DO SO BY VOTING HERE ON THE

FLOOR OF THE ASSEMBLY.

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 SOME THAT WOULD LIKE TO BE AN

EXCEPTION. THEY COULD FEEL FREE TO VOTE FROM THEIR SEAT. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

THE CLERK WILL RECORD THE VOTE.

NYS ASSEMBLY MAY 9, 2023

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR. I APPRECIATE THE

SPONSOR'S DESIRE TO HELP PEOPLE WHO NEED HELP PAYING THEIR BILLS BY

HAVING CELL PHONE COMPANIES AND OTHERS SEND ANOTHER NOTICE TO SOME

THIRD PARTY UPON REQUEST OF THE CUSTOMER. AND I APPRECIATE THAT

OBJECTIVE. THE CONCERN THAT I HAVE, HOWEVER, IS THAT CERTAIN

INFORMATION, PARTICULARLY CELL PHONE INFORMATION THAT IDENTIFIES EVERY

SINGLE PERSON THE INDIVIDUAL CALLED AND THE LENGTH AND DURATION AND

DATE AND TIME CAN BE VERY SENSITIVE. AND BECAUSE IT'S SENSITIVE, IT'S

VERY IMPORTANT THAT THAT INFORMATION NOT GO TO THE WRONG PERSON. AND

SADLY, THOSE OF US IN THE LEGAL FIELD THAT HAVE PRACTICED IN FAMILY COURT

ALL TOO OFTEN SEE WHERE YOU HAVE A SITUATION INVOLVING STALKING OR

DOMESTIC ABUSE, OR FAMILY CUSTODY ISSUES WHERE ONE PARTY WANTS THAT

VERY CONFIDENTIAL INFORMATION AND IS NOT AFRAID OF SUBMITTING A

FRAUDULENT REQUEST TO THE PHONE COMPANY TO GET COPIES OF THAT BILL. SO

WE'RE BALANCING A DESIRE TO HELP PEOPLE PAY THEIR BILL WITH A NEED TO

RECOGNIZE THAT THIS BILLING INFORMATION CAN BE VERY SENSITIVE. UNDER

CURRENT LAW, THERE ARE TWO WAYS FOR A CUSTOMER TO GET THAT INFORMATION

WITHOUT WORRYING ABOUT CONFIDENTIALITY, AND ONE IS WITH A POWER OF

ATTORNEY THAT'S NOTARIZED. THAT FORM, BY THE WAY, IS ONLINE. YOU DON'T

NEED AN ATTORNEY, YOU CAN GO RIGHT ONLINE, IT'S A FILL-IN-THE-BLANK FORM,

BUT THAT PROVIDES ONE MECHANISM. AND THE SECOND MECHANISM IS THAT

A CUSTOMER CAN PAY THEIR BILLS FOR EVERY ONE OF THESE COMPANIES ONLINE

AND THEY CAN SHARE THEIR ACCOUNT INFORMATION AND PASSWORD WITH A

NYS ASSEMBLY MAY 9, 2023

TRUSTED FRIEND. SO WE HAVE CURRENT WAYS TO ACCOMPLISH THIS OBJECTIVE

WITHOUT THAT SERIOUS RISK OF CONFIDENTIAL INFORMATION BEING

INADVERTENTLY DISCLOSED.

FOR THAT REASON, I DO NOT SUPPORT THIS BILL. THANK YOU,

SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 9, CALENDAR 43, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04011, CALENDAR NO.

43, WEPRIN. AN ACT TO AMEND THE INSURANCE LAW, IN RELATION TO

REQUIRING THE SUPERINTENDENT OF FINANCIAL SERVICES TO PROMULGATE

REGULATIONS WHICH PROVIDE STANDARDIZED DEFINITIONS FOR

COMMONLY-USED TERMS AND PHRASES IN CERTAIN INSURANCE POLICIES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED? AN EXPLANATION IS REQUESTED, MR. WEPRIN.

MR. WEPRIN: THANK YOU, MR. SPEAKER. THIS BILL

AMENDS SECTION 3425 OF THE INSURANCE LAW BY ADDING A NEW

SUBSECTION (T) WHICH WOULD REQUIRE THE SUPERINTENDENT OF FINANCIAL

SERVICES TO PROMULGATE REGULATIONS WHICH PROVIDE STANDARDIZED

DEFINITION FOR COMMONLY-USED TERMS AND PHRASES FOUND IN

HOMEOWNERS POLICIES AND COMMERCIAL LINE POLICIES WHICH PROVIDE

COVERAGE FOR LOSS OR DAMAGE TO REAL PROPERTY, PERSONAL PROPERTY OR

NYS ASSEMBLY MAY 9, 2023

OTHER LIABILITIES FOR LOSS OF DAMAGE TO PROPERTY, AND THEY MUST BE

ESTABLISHED BY JANUARY 1ST, 2025.

ACTING SPEAKER AUBRY: MR. BLANKENBUSH.

MR. BLANKENBUSH: THANK YOU, MR. SPEAKER.

ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BLANKENBUSH: USING STANDARD DEFINITIONS

AND TERMS AND PHRASES SOUNDS LIKE A GREAT IDEA, BUT WHEN YOU LOOK AT

THE COMMERCIAL LINES BUSINESS, ESPECIALLY THE COMMERCIAL LINES

BUSINESS, EVERY BUSINESS THAT I HAVE EVER GONE INTO TO LOOK AND REVIEW

THEIR POLICIES, THERE'S SOMETHING UNIQUE AND DIFFERENT ABOUT EVERY

BUSINESS THAT YOU GO IN. AND IF DFS IS GOING TO PUT STANDARD PHRASES

AND TERMS IN A POLICY, WHAT YOU'RE REALLY DOING TO THE BUSINESS OWNERS

IS YOU'RE TAKING AWAY THE ABILITY OF CONSUMER CHOICE. SO IT IS A -- IT'S

DIFFERENT WHEN YOU COMPARE IT TO A PERSONAL AUTO POLICY WHEN YOU'RE

LOOKING AT A COMMERCIAL LINES POLICY. YOU CAN -- YOU CAN TAKE A LOOK

AT ANY -- ANY BUSINESS, YOU CAN WALK DOWN THE STREET AND EVERY

BUSINESS, LIKE I SAID, HAS A UNIQUE DIFFERENCE THAT HAS TO GO OFF OF THE

STANDARD POLICIES. THEY HAVE TO HAVE THE FLEXIBILITY TO PICK AND CHOOSE

THEIR COVERAGES, WHICH IF YOU STANDARDIZE EVERYTHING, THAT'S NOT GOING

TO HAPPEN. WHAT'S REALLY GOING TO HAPPEN IS THAT THE COMMERCIAL LINES

OR THE BUSINESS OWNER IS GOING TO HAVE TO TAKE OR PAY FOR THINGS IN THAT

POLICY THAT HE OR SHE DOESN'T NEED, OR THEY NEED SOMETHING DIFFERENT

THAN A STANDARDIZED DEFINITION OR TERMS. SO EVERY -- THE CONCERN IS

MORE ON THE COMMERCIAL LINES THAN IT REALLY IS ON -- ON PERSONAL AUTO OR

NYS ASSEMBLY MAY 9, 2023

PERSONAL HOMEOWNERS. AND THE ONLY THING THAT WORRIES ME ABOUT THIS

IS THAT OUR BUSINESS OWNERS ARE GOING TO HAVE TO PAY MORE BECAUSE

THEY'RE GOING TO HAVE TO ADD COVERAGES THEY DON'T NEED. AND ANY TIME

YOU GET STANDARDIZED ANYTHING FROM DFS, THAT'S WHAT YOU'RE GOING TO

RUN INTO. YOU'RE TAKING AWAY THE ABILITY OF A BUSINESS OWNER TO MATCH

UP ITS POLICY CONCERNS, THE COVERAGES THAT THEY NEED THAT OTHER

BUSINESSES DON'T NEED.

SO I'M NOT IN FAVOR OF THIS BILL BECAUSE OF THOSE

REASONS. EVEN THOUGH IT SOUNDS LIKE -- LIKE A GREAT IDEA, YOU'RE REALLY

PUTTING THE HANDCUFFS ON BUSINESSES, AND THAT'S WHAT MY CONCERN IS.

ONE SIZE DOESN'T FIT ALL IN COMMERCIAL LINE INSURANCE, AND THAT'S WHY

I'M GOING TO BE NOT IN FAVOR OF SUPPORTING THIS BILL. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. BLUMENCRANZ.

MR. BLUMENCRANZ: THANK YOU. WILL THE

SPONSOR YIELD, PLEASE?

ACTING SPEAKER AUBRY: MR. WEPRIN, WILL YOU

YIELD?

MR. WEPRIN: YES, I WILL.

ACTING SPEAKER AUBRY: WELL, WAIT UNTIL WE

CLEAR SOME OF THOSE FOLKS OUT OF THE WAY THERE. PLEASE, MEMBERS, SIT

DOWN. THANK YOU.

GO AHEAD.

MR. BLUMENCRANZ: THANK YOU. SO WILL THE

NYS ASSEMBLY MAY 9, 2023

LANGUAGE OF COMMONLY-USED TERMS AND PHRASES, WILL THEY HAVE TO EXIST

WITHIN THE DECLARATIONS PAGE OF A POLICY OR JUST IN THE POLICY LANGUAGE

ITSELF?

MR. WEPRIN: WELL, YEAH, IT WOULD HAVE TO BE

THROUGHOUT THE ENTIRE POLICY. YOU KNOW, THESE PROPOSED REGULATIONS

WOULD BE SUBJECT TO A PUBLIC COMMENT PERIOD, SO THERE -- THERE ARE

GOING TO BE -- THERE IS GOING TO BE A PUBLIC COMMENT PERIOD FOR 60

DAYS, I BELIEVE, ON -- ON THOSE TERMS.

MR. BLUMENCRANZ: I MEAN, I GUESS I JUST -- I --

I ONLY REALLY HAVE REASON FOR CONCERN ESPECIALLY IF THE CARRIERS OR OTHER

INTERESTED PARTIES WOULD BE ABLE TO ENGAGE IN WHAT THEY THINK IS

COMMONLY USED. I'M JUST -- I FIND IT A BIT BROAD, THE -- THE LANGUAGE

DEFINITIONS THAT MAY BE USED AND WHAT -- WHAT'S THE DEFINITION OF -- OF A

COMMONLY-USED TERM. I MEAN, IF YOU WERE LOOKING AT AN INLAND MARINE

POLICY OR YOU'RE LOOKING AT A POLICY IN THE ENERGY SECTOR, TO THOSE

PROFESSIONALS THEY MAY BE COMMONLY USED, OR IS THIS MORE EFFORT

FOCUSED ON, YOU KNOW, THE RETAIL PURCHASER AND, YOU KNOW, WHAT THEY

MIGHT SEE WITHIN THEIR POLICY?

MR. WEPRIN: I HEAR YOU. THIS LEGISLATION CAME OUT

OF SANDY. DURING SANDY, THERE WAS A LOT OF CONFUSION AS TO, YOU KNOW,

WHAT TERMS MEANT AND PEOPLE -- MOST PEOPLE DON'T READ ALL THE FINE

PRINT IN THEIR POLICIES AND DON'T NECESSARILY KNOW WHAT SOME OF THESE

TERMS ARE. THIS -- THIS IS BASICALLY SUPPOSED TO BE FOR TRANSPARENCY, TO

LET PEOPLE KNOW WHAT SOME OF THESE TERMS ARE. AND AS I SAID, ANY

PROPOSED REGULATION THAT THE DEPARTMENT OF FINANCIAL SERVICES

NYS ASSEMBLY MAY 9, 2023

PROPOSES WILL BE SUBJECT TO A PUBLIC COMMENT PERIOD. AND THIS IS

BASICALLY MORE FOR TRANSPARENCY BECAUSE THERE WERE MANY ISSUES THAT

CAME UP DURING SUPERSTORM SANDY, FOR EXAMPLE, AND -- AND OTHER

NATURAL DISASTERS.

MR. BLUMENCRANZ: OKAY. I MEAN, I JUST -- I -- I

ONLY BRING CONCERN BECAUSE, YOU KNOW, YOU HIRE A BROKER TO EXPLAIN

THE LANGUAGE WITHIN A POLICY THAT YOU'RE PURCHASING, YOU SORT OF EXPECT

THAT PERSON TO GUIDE YOU THROUGH THE PROCESS. SIMILAR TO A REAL ESTATE

TRANSACTION, MOST PEOPLE DON'T NECESSARILY KNOW ALL OF THE TERMS THEY

MIGHT EXPERIENCE, BUT THEY RELY ON THEIR -- THEIR BROKER. I JUST -- I

WASN'T SURE NECESSARILY WHY -- AND I UNDERSTAND FROM A HOMEOWNER'S

PERSPECTIVE, BUT FOR LARGE-SCALE BUSINESSES TO HAVE TO SORT OF BRING THE

LANGUAGE OF A POLICY DOWN TO A LEVEL THAT I'M NOT SURE WHO WITHIN DFS

WOULD HAVE TO DETERMINE IS COMMONLY USED SEEMS A BIT JUST OUT OF --

OUT OF THE REALM OF -- OF LOGICAL IN CERTAIN INDUSTRIES. BUT I WAS JUST

CURIOUS, DURING THAT PERIOD OF TIME IN WHICH THE STAKEHOLDERS CAN, YOU

KNOW, TESTIFY TO THE FACT THAT SOMETHING MAY OR MAY NOT BE LANGUAGE

THAT YOU'D WANT TO USE, WOULD -- WOULD THOSE -- WOULD THOSE CHANGES

BE ADDED TO WHATEVER THIS DEFINITION MIGHT BE? IS THERE SOME

FLEXIBILITY WITHIN WHAT THE NEW LANGUAGE MIGHT BE AFTER THEY DETERMINE

WHAT IS COMMONLY USED?

MR. WEPRIN: YEAH, THERE IS A PROVISION WHERE THE

SUPERINTENDENT CAN APPROVE ALTERNATIVE DEFINITIONS, AND I WOULD HOPE

THAT THIS WOULD COME OUT DURING THE COMMENT PERIOD FOR THE PROPOSED

REGULATIONS.

NYS ASSEMBLY MAY 9, 2023

MR. BLUMENCRANZ: OKAY. AND JUST ONE MORE

THING, JUST TO CLARIFY, IT'S JUST THE LANGUAGE BUT THERE WOULD BE NO

STANDARD RATE OR STANDARD RATE SETTING WITHIN CERTAIN AREAS?

MR. WEPRIN: THAT IS CORRECT, IT'S JUST THE LANGUAGE.

MR. BLUMENCRANZ: OKAY. ALL RIGHT. THANK

YOU VERY MUCH.

MR. WEPRIN: YOU'RE WELCOME.

ACTING SPEAKER AUBRY: READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

CONFERENCE IS GENERALLY OPPOSED FOR THE REASONS STATED, BUT THOSE WHO

SUPPORT IT ARE CERTAINLY ENCOURAGED TO VOTE YES HERE ON THE FLOOR OF THE

ASSEMBLY. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, SIR. THE

MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS PIECE OF LEGISLATION;

HOWEVER, THERE MAY BE A FEW EXCEPTIONS. THEY SHOULD FEEL FREE TO

PUSH THEIR BUTTONS AT THEIR DESK. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

NYS ASSEMBLY MAY 9, 2023

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 10, CALENDAR NO. 69, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00517, CALENDAR NO.

69, L. ROSENTHAL, OTIS, SIMON. AN ACT TO AMEND THE CIVIL RIGHTS LAW,

IN RELATION TO PRIVACY OF ELECTRONIC FARE AND TOLL RECORDS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MS. ROSENTHAL.

AND WE'LL WAIT UNTIL PEOPLE SETTLE DOWN A LITTLE BIT,

MS. ROSENTHAL. HELLO, THAT CORNER? LADIES AND GENTLEMEN IN THE

CORNER. STAFF, IF YOU DON'T NEED TO BE THERE, YOU SHOULD REMOVE

YOURSELF. I'M TALKING TO YOU GUYS.

PROCEED, MS. ROSENTHAL.

MS. ROSENTHAL: THIS BILL CONCERNS CASHLESS

TOLLING SYSTEMS, AND IT SERVES TO PROTECT THE PRIVACY OF PEOPLE BY

ESTABLISHING REASONABLE LIMITATIONS ON THE RELEASE AND USE OF SUCH

ELECTRONIC TOLL AND FARE INFORMATION.

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MS. ROSENTHAL, WILL

YOU YIELD?

]MS. ROSENTHAL: YES.

ACTING SPEAKER AUBRY: MS. ROSENTHAL YIELDS,

NYS ASSEMBLY MAY 9, 2023

MA'AM.

MS. WALSH: THANK YOU VERY MUCH. COULD -- COULD

YOU JUST EXPLAIN EXACTLY WHAT RECORDS WOULD BE NOT -- WHICH RECORDS

YOU WOULD NOT BE ABLE TO GET SHOULD THIS LEGISLATION PASS? YOU

MENTIONED E-ZPASS, WHAT....

MS. ROSENTHAL: OH, OKAY, WHICH RECORDS YOU

COULD NOT GET. OKAY.

MS. WALSH: YEP.

MS. ROSENTHAL: LET ME FIND EXACTLY WHAT THEY

ARE. I'M SORRY, I JUST HAVE TO FIND MY PAPERWORK. I'M SORRY, I'M JUST

LOOKING FOR THE ACTUAL WORDS. OKAY, SO RECORDS CREATED OR MAINTAINED

BY A PUBLIC ENTITY OR BY CONTRACTOR ON BEHALF OF A PUBLIC ENTITY

CONCERNING MOTORISTS OR MOTOR VEHICLE REGARDING THE USE OF ANY

HIGHWAY, BRIDGE, TUNNEL OR OTHER THOROUGHFARE, INCLUDING, BUT NOT

LIMITED TO, E-ZPASS RECORDS. THAT'S BASICALLY, BASICALLY IT.

MS. WALSH: OKAY, THANK YOU VERY MUCH. NOW, AS

FAR AS THOSE RECORDS, ARE THERE ANY CARVEOUTS OR EXCEPTIONS IN THE

LEGISLATION AS FAR AS BEING ABLE TO GET SOME -- GET THEM IN SOME

INSTANCES?

MS. ROSENTHAL: WELL, PEOPLE COULD SUBPOENA OR

BY COURT ORDER THEY COULD -- THEY COULD GET THEM.

MS. WALSH: AND IN WHAT KINDS OF CASES WOULD

THEY BE ABLE TO SUBPOENA AND GET A COURT ORDER FOR THE RELEASE OF THAT

E-ZPASS INFORMATION?

MS. ROSENTHAL: IF -- IF -- IF THEY THINK THERE'S A --

NYS ASSEMBLY MAY 9, 2023

THAT A MISDEMEANOR OR FELONY WAS COMMITTED, THEN ON THE CRIMINAL

SIDE THEY COULD SUBPOENA FOR THAT.

MS. WALSH: OKAY. SO IT WOULD BE IN CRIMINAL-TYPE

CASES. IS THERE ANY CARVEOUT OR EXCEPTION ALLOWING THE RELEASE OF

E-ZPASS INFORMATION IN ANY CIVIL MATTERS UNDER THIS LEGISLATION?

MS. ROSENTHAL: NO. BUT ONCE AGAIN, ONE COULD

TRY TO GET A COURT ORDER. BUT THEY WOULDN'T JUST BE ABLE TO CALL UP

E-ZPASS AND SAY, HEY, GIVE ME MY -- MY WIFE'S DRIVING RECORD.

MS. WALSH: RIGHT. WELL, ISN'T IT TRUE THAT UNDER

YOUR LEGISLATION IT'S NOT APPLICABLE IN CIVIL MATTERS AT ALL? SO

MATRIMONIAL MATTERS LIKE -- LIKE YOU'RE SAYING, OR EMPLOYMENT MATTERS,

FOR EXAMPLE?

MS. ROSENTHAL: WELL, WHEN IT RELATES TO THE

COLLECTION OF TOLL REVENUES, IT COULD BE USED FOR COMMUNICATION

BETWEEN THE HOLDER OF THE E-ZPASS AND THE AGENCY.

MS. WALSH: OKAY. SO IN OTHER WORDS, IF THERE'S A

DISPUTE ABOUT THE AMOUNT OWED --

MS. ROSENTHAL: YES.

MS. WALSH: -- UNDER E-ZPASS, IN THAT INSTANCE YOU

COULD REVIEW THE RECORDS, TAKE A LOOK AT THEM AND FIGURE THAT PIECE OUT

AND WHEN A COLLECTION (INAUDIBLE).

MS. ROSENTHAL: YES. IT'S JUST ABOUT TOLL

REVENUES.

MS. WALSH: OKAY, VERY GOOD. SO WHAT ABOUT AN

ABILITY TO FOIL FOR RECORDS IN -- IN ANY MATTER? DOES -- IS FOIL

NYS ASSEMBLY MAY 9, 2023

DISCUSSED OR IS FOIL APPLICABLE? LIKE LET'S SAY, FOR EXAMPLE, THE

MEDIA WANTS TO KNOW IF WE'RE REALLY IN THE CHAMBER OR IF WE'VE

ALREADY LEFT TO GO HOME ON A WEDNESDAY GETAWAY DAY, CAN THEY FOIL

AND GET OUR RECORDS AND FIGURE OUT WHERE WE ARE REALLY, OR IF -- IF WE'RE

NOT PHYSICALLY IN THE CHAMBER?

MS. ROSENTHAL: OKAY, WELL, THEY SHOULD BE

WATCHING US IN SESSION. BUT --

MS. WALSH: BUT NOW THAT WE HAVE EMPTY SEAT

VOTING, THAT'S NOT A GUARANTEE, RIGHT? YOU COULD BE BACK IN YOUR OFFICE.

MS. ROSENTHAL: WELL, THEY'D SEE IT THERE IF WE

VOTED.

MS. WALSH: THAT'S TRUE, THAT'S TRUE.

MS. ROSENTHAL: IT DOESN'T SPEAK TO FOIL

REQUESTS.

MS. WALSH: OKAY. OKAY. SO -- OKAY, VERY GOOD.

I THINK WE'VE KIND OF COVERED IT. THANK YOU FOR YOUR ANSWERS. AND --

MS. ROSENTHAL: OKAY, THANK YOU.

MS. WALSH: -- MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MS.

WALSH.

MS. WALSH: SO FOR -- FOR MANY OF YOU, IF THIS

DEBATE SOUNDS A LITTLE BIT FAMILIAR IT'S THAT WE'VE HAD IT A FEW TIMES.

THIS -- THIS BILL ITSELF HAS BEEN AROUND SINCE THE 1990S. WE'VE -- WE'VE

DEBATED THIS BILL A FEW TIMES. SO, BASICALLY MY -- MY ISSUE WITH THE

BILL IS I'M GLAD THAT THERE IS A CARVED OUT EXCEPTION FOR CASES WHERE --

NYS ASSEMBLY MAY 9, 2023

CRIMINAL MATTERS, LIKE THE LOCAL EXAMPLE, A BIG MURDER CASE THAT --

WHERE E-ZPASS RECORDS WERE USED IN PART TO PROSECUTE THE DEFENDANT

WAS THE PORCO MURDER TRIAL THAT ANY -- ANY OF US WHO LIVE LOCALLY

REMEMBER VERY WELL. OR IF YOU WATCH LIFETIME, THERE -- THERE'S, LIKE,

LOTS OF LIFETIME ON THE PORCO MURDER TRIAL, WHICH WAS HORRENDOUS. BUT

WHAT MY PROBLEM IS HAS TO DO WITH THE CIVIL SIDE OF THINGS. SO WE

KNOW THAT THERE'S NO -- NO-FAULT DIVORCE NOW, SO THOSE INSTANCES WHERE

A SPOUSE IS TRYING TO PROVE WHERE THE OTHER SPOUSE WAS MAYBE ISN'T AS

PREVALENT, BUT CERTAINLY IN EMPLOYMENT MATTERS IF YOU HAVE, SAY, AN

EMPLOYEE THAT HAS BEEN THROUGH A DISCIPLINARY PROCEEDING OR HAS BEEN

TERMINATED AND IS THEN SUED, SAYING THAT THEY WERE TERMINATED

IMPROPERLY, AND THE BASIS OF THAT IS EMPLOYEE SAID THAT THEY WERE THERE

BUT THEY REALLY WEREN'T, THEY WERE REALLY THERE AND IT COULD BE PROVED

THROUGH E-ZPASS RECORDS. THERE'S NO MECHANISM UNDER THIS LEGISLATION

TO ALLOW THE RELEASE OF INFORMATION TO SUPPORT THAT TYPE OF LITIGATION,

AND I THINK THAT THAT IS -- RESPECTFULLY, I THINK THAT THAT'S A FLAW IN THE

LEGISLATION. I WISH THAT IT HAD A GREATER CARVEOUT TO ALLOW FOR AN

OPPORTUNITY TO SEEK THOSE RECORDS IN THOSE CIRCUMSTANCES. AND I'VE

RAISED THAT ISSUE BEFORE, BUT I DON'T BELIEVE -- AND I DIDN'T ASK THE

SPONSOR, BUT I DON'T BELIEVE THAT THE BILL HAS BEEN AMENDED IN ANY WAY

SINCE WE TOOK IT UP THE LAST TIME.

SO, YOU KNOW, I THINK THAT REALLY WHAT THIS BOILS DOWN

TO IS WHAT REASONABLE EXPECTATION OF PRIVACY DO WE HAVE ANYMORE?

YOU KNOW, WE'RE ALL CARRYING CELL PHONES, WE -- WE DON'T EXPECT THAT

WE'RE GOING TO HAVE TRACKER DEVICES IN OUR CARS, CERTAINLY, BUT

NYS ASSEMBLY MAY 9, 2023

REALISTICALLY, WITH CAMERAS AND CELL PHONES AND, YOU KNOW, CAMERAS

PRETTY MUCH ON EVERY CORNER NOW WHEREVER WE'RE GOING, OUR

WHEREABOUTS ARE REALLY NOT VERY SECRETIVE OR NOT VERY PRIVATE ANYMORE.

SO, I -- I DON'T -- I DON'T KNOW, I'M GOING TO CONTINUE

TO REMAIN IN THE NEGATIVE ON THIS BILL, AS MANY OF OUR COLLEAGUES HAVE

BEEN, ON BOTH SIDES OF THE AISLE IN RECENT YEARS. AND THAT'S -- THAT'S

ABOUT IT, MR. SPONSOR -- MR. SPEAKER. THANK YOU VERY MUCH.

ACTING SPEAKER AUBRY: THANK YOU, MS.

WALSH.

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. THOSE WHO SUPPORT IT CAN

CERTAINLY VOTE FOR IT HERE 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, SHOULD SOME DESIRE TO BE AN EXCEPTION THEY

SHOULD FEEL FREE TO VOTE FROM THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

NYS ASSEMBLY MAY 9, 2023

(THE CLERK RECORDED THE VOTE.)

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 11, CALENDAR NO. 72, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A02741, CALENDAR NO.

72, PAULIN, SEPTIMO, MAGNARELLI, GUNTHER, JACOBSON, MCDONOUGH,

DESTEFANO, DURSO, K. BROWN. AN ACT TO AMEND THE INSURANCE LAW, IN

RELATION TO SUMMARIES OF READABLE AND UNDERSTANDABLE INSURANCE

POLICIES.

ACTING SPEAKER AUBRY: MS. PAULIN, AN

EXPLANATION IS REQUESTED.

MS. PAULIN: YES, THANK YOU. THE LEGISLATION

REQUIRES INSURERS TO PROVIDE AUTO AND HOMEOWNERS POLICYHOLDERS WITH

A SUMMARY DOCUMENT SUMMARIZING COVERAGE.

ACTING SPEAKER AUBRY: MR. BLANKENBUSH.

MR. BLANKENBUSH: WOULD THE SPONSOR YIELD?

ACTING SPEAKER AUBRY: MS. PAULIN, WILL YOU

YIELD?

MS. PAULIN: I'D BE HAPPY TO.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

SIR.

MR. BLANKENBUSH: WHAT -- WHAT'S THE

DIFFERENCE BETWEEN THE BILL HERE AND THE DIFFERENCE BETWEEN A

DECLARATION PAGE THAT IS ALREADY ISSUED BY THE COMPANY?

NYS ASSEMBLY MAY 9, 2023

MS. PAULIN: SO, CURRENTLY THERE ARE NO POLICY

SUMMARIES THAT INCLUDE WHAT THE COVERAGE DOES AND DOES NOT, MORE

IMPORTANTLY, INCLUDE. SO THIS BILL CLARIFIES SO THAT HOMEOWNERS AND

AUTO INSURE -- INSURED PEOPLE GET -- GET THAT INFORMATION. IT WAS

BROUGHT TO MY ATTENTION BY THE GENERAL COUNSEL AT THE -- THE FORMER

GENERAL COUNSEL AT THE DEPARTMENT OF INSURANCE, AND HE BELIEVED THAT

THIS WOULD CLARIFY AND LESSEN THE CONFUSION OUT THERE.

MR. BLANKENBUSH: BY PUTTING AN -- BY PUTTING

AN EXTRA FORM IN THE POLICY IS GOING TO STOP THE CONFUSION?

MS. PAULIN: YES, BY PUTTING IN EXTRA INFORMATION

SO THAT POLICYHOLDERS WOULD HAVE THE SUMMARY OF WHAT THEIR POLICY

INCLUDED AND DIDN'T INCLUDE.

MR. BLANKENBUSH: THERE'S A DECLARATION --

MS. PAULIN: IT'S NOT INCLUDED CURRENTLY.

MR. BLANKENBUSH: -- DECLARATION PAGE ON AN

INSURANCE COMPANY -- OR AN INSURANCE POLICY RIGHT NOW LISTS THE LIMITS

OF INSURANCE?

MS. PAULIN: IT DOESN'T LIST IT CLEARLY AND IT'S NOT

REQUIRED TO LIST IT COMPLETELY.

MR. BLANKENBUSH: I'VE NEVER SEEN A DECLARATION

PAGE THAT DOESN'T LIST THE COVERAGES OF HOW MUCH --

MS. PAULIN: IT -- IT DOESN'T INCLUDE WHAT -- IT -- THE

-- THE -- IT DOESN'T INCLUDE WHAT IS NOT INCLUDED IN A POLICY.

MR. BLANKENBUSH: YOU'RE TALKING ABOUT THE

EXCLUSIONS.

NYS ASSEMBLY MAY 9, 2023

MS. PAULIN: YES.

MR. BLANKENBUSH: SO YOU'RE GOING TO ATTACH A

FORM THAT LISTS THE EXCLUSIONS OF A POLICY FOR AUTO, HOMEOWNERS.

COMMERCIAL LINES, TOO?

MS. PAULIN: IT -- IT'S GOING TO BE REQUIRED TO BE IN A

FORMAT THAT IS -- WILL BE MUCH MORE READABLE AND UNDERSTANDABLE, AND

ALSO INCLUDE BOTH WHAT IS INCLUDED AND WHAT IS NOT INCLUDED. YOU

KNOW, SO THE EXCLUSIONS ARE NOT THOROUGH, THEY'RE NOT REQUIRED TO BE

THOROUGH. THIS REQUIRES THEM TO BE THOROUGH, AND -- AND FRANKLY, YOU

KNOW, IT CAME FROM SOMEONE WHO WAS VERY FAMILIAR WITH WHAT'S

INCLUDED AND WHAT'S NOT INCLUDED, AND THAT RECOMMENDATION I TOOK

VERY SERIOUSLY BECAUSE OF THE -- YOU KNOW, BECAUSE OF THE -- BECAUSE OF

THE KNOWLEDGE HE HAD.

MR. BLANKENBUSH: BUT EXCLUSIONS IN A POLICY

ARE ALREADY WRITTEN IN THE POLICY.

MS. PAULIN: BUT THEY'RE NOT -- THEY'RE NOT

EXHAUSTIVE. IN OTHER WORDS, THEY -- ALL OF THE INFORMATION THERE, IT'S NOT

REQUIRED TO BE AS SPECIFIC AS THIS, SO PEOPLE COULD --

MR. BLANKENBUSH: CAN -- CAN YOU GIVE ME AN

EXAMPLE OF WHAT'S GOING TO -- GIVE ME AN EXAMPLE OF WHAT'S GOING TO

BE ON THERE THAT'S NOT ON A DECLARATION PAGE NOW. LIKE WHAT

EXCLUSION?

MS. PAULIN: SO HERE, LET ME SEE IF I CAN FIND ONE. I

DON'T KNOW THAT I HAVE THAT HERE, I MIGHT HAVE TO GET BACK TO YOU ON

THAT. SO, IT'LL -- SO, THE -- THE PRINCIPAL EXCLUSIONS WILL BE REQUIRED TO

NYS ASSEMBLY MAY 9, 2023

BE ON IT. THE DECLARATION PAGE OF A POLICY HAS LIMITS, BUT NEVER

INDICATES THE PRINCIPAL EXCLUSIONS. SO, YOU KNOW, I DON'T HAVE A MORE

-- SOMETHING MORE SPECIFIC, THIS IS WHAT WAS PROVIDED TO ME BY, YOU

KNOW, AGAIN, SOMEONE WHO KNOWS EXACTLY WHAT'S IN THAT. BUT THEY

DON'T DISCLOSE THE EXCLUSIONS IN A POLICY AND THIS BILL WOULD REQUIRE

THAT. SO I'M LOOKING FOR, YOU KNOW, SOME EXAMPLES TO SEE IF I HAVE

ANYTHING MORE SPECIFIC.

MR. BLANKENBUSH: SO -- SO BASICALLY, THE

SUMMARY THAT WE'RE TALKING ABOUT IS ONLY A SUMMARY OF EXCLUSIONS?

MS. PAULIN: IT'S A SUMMARY -- IT'S REALLY JUST

INTENDED TO INCREASE CONSUMER AWARENESS AND UNDERSTANDING OF THE

POLICY TERMS, TO PUT IT IN -- IN A WAY THAT CONSUMERS -- YOU KNOW, I

DON'T -- YOU KNOW, I DON'T KNOW -- YOU KNOW -- YOU KNOW, FOR

EXAMPLE, YOU KNOW, WE'VE DONE OTHER BILLS WHERE THERE'S A LACK OF

INFORMATION ON THE PART OF THE INSURED, AND I THINK THAT THOSE -- THOSE

FORMS ARE VERY HARD TO UNDERSTAND, THEY'RE VERY SMALL PRINT USUALLY AND

THEY'RE VERY HARD TO UNDERSTAND. THIS IS AN ATTEMPT TO MAKE IT MUCH

MORE UNDERSTANDABLE FOR -- FOR SOMEONE. SO YES, IT WOULD REQUIRE

EXTRA WORK ON THE PART OF THE INSURANCE COMPANY TO PROVIDE THAT TO

CONSUMERS, BUT I THINK THAT THEN IF THE CONSUMER SAW THAT, OH, IT -- IT

DOESN'T -- THE DEDUCTIBLE IS A CERTAIN AMOUNT, OR THE -- THE -- IT DOESN'T

INCLUDE JEWELRY, YOU KNOW, IT DOESN'T IN -- YOU KNOW, THAT WOULD BE A

PRINCIPAL EXCLUSION, FOR EXAMPLE, ON A HOMEOWNER'S POLICY. YOU

KNOW, IT DOESN'T INCLUDE JEWELRY UP THROUGH THIS LIMIT. YOU KNOW, IT

DOESN'T INCLUDE -- I'M TRYING TO THINK OF ANOTHER ASPECT OF A

NYS ASSEMBLY MAY 9, 2023

HOMEOWNER'S INSURANCE. IT -- IT DOESN'T INCLUDE --

MR. BLANKENBUSH: BUT, THAT -- THAT'S FINE. BUT

WHAT YOU'RE -- WHAT YOU'RE SAYING, THEN, IS BY THE TIME YOU LIST

EVERYTHING THAT YOU'RE TALKING ABOUT, IT'S ALREADY IN THE POLICY. THE

SUMMARY IS GOING TO BE AS BIG AS WHAT (INAUDIBLE).

MS. PAULIN: I THINK THAT THERE ARE GENERAL ASPECTS.

YOU KNOW, JEWELRY IS -- IS ACTUALLY ONE THAT I HAPPEN TO BE AWARE OF

BECAUSE OF MY OWN HOME INSURANCE AND WHAT IT LISTS AND WHAT IT

DOESN'T AND WHAT THE LIMITATIONS ARE. SO -- BUT I WAS UNAWARE. FOR

EXAMPLE, I HAD TO ASK THAT QUESTION, I HAD TO CALL THE AGENT. SO THERE

ARE SOME GENERAL CATEGORIES AND, YOU KNOW, THIS IS REALLY AN ATTEMPT

JUST TO GET -- TO MAKE IT A LITTLE CLEARER SO THAT IF -- YOU DON'T HAVE TO

LOOK AT THE FINE PRINT AND THINK, OH, DOES IT INCLUDE THIS, DOESN'T IT

INCLUDE THIS. THIS -- THIS WOULD JUST ADD A LITTLE CLARITY. IT WAS, AGAIN,

BROUGHT TO MY ATTENTION BY SOMEONE WHO IS VERY INVOLVED AND KNOWS,

YOU KNOW, ABOUT ALL THE QUESTIONS THAT THE INSURANCE DEPARTMENT IS

ASKED, AND HE WISHED THAT THIS WAS PART OF IT SO THAT THEY WOULD HAVE

BEEN IN A BETTER POSITION TO BE ABLE TO ADDRESS CONSUMER ISSUES.

MR. BLANKENBUSH: A FEW YEARS AGO IN THIS

HOUSE, QUITE A FEW YEARS AGO IN THIS HOUSE, WE PASSED A BILL FOR

COMMON, SIMPLE LANGUAGE IN AN INSURANCE POLICY, IF YOU REMEMBER

THAT OR NOT. BUT SINCE WE DID THAT AND THE POLICIES WERE CHANGED TO --

TO USE SIMPLE LANGUAGE, EASY TO READ LANGUAGE, THERE'S STILL -- THERE'S

STILL A DOUBT IN PEOPLE'S MINDS WHAT THE COVERAGES ARE AND SO FORTH.

AND THAT -- AND THAT'S WHY THE DECLARATION PAGE IS THERE, AND EVERY --

NYS ASSEMBLY MAY 9, 2023

EVERY HOMEOWNERS POLICY, FOR EXAMPLE, COULD BE A LITTLE BIT DIFFERENT.

MS. PAULIN: NO, THAT'S -- THAT'S TRUE, AND I THINK IT

-- THIS WILL HELP PEOPLE KNOW WHETHER THERE'S SOMETHING ELSE THEY WANT

TO ADD, YOU KNOW, AND -- BECAUSE IT'S LISTED ON THE EXCLUSION PAGE.

MR. BLANKENBUSH: OKAY.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, SIR.

MR. BLANKENBUSH: IF -- IF EVERYONE WHO LOOKS

AT THEIR INSURANCE POLICY AND YOU LOOK AT THE DECLARATION PAGE, THE

DECLARATION PAGE TELLS YOU, ONE, LIMITS OF INSURANCE, JUST WHAT THIS BILL

IS GOING ALSO DO. IT ALSO WILL TELL YOU THE TERMS OF THE POLICY, THE TERM

OF THE POLICY, JUST LIKE THIS BILL IS GOING TO DO. IT'S GOING TO TALK ABOUT

THE AMOUNT OF PREMIUM TO BE PAID, JUST LIKE THIS BILL IS GOING TO DO. IT

TALKS ABOUT DEDUCTIBLES IN YOUR DECLARATION PAGE, EXACTLY WHAT THIS

POLICY IS GOING TO DO. AND ALL OF THE THINGS THAT A DECLARATION PAGE

DOES, EXCEPT THE EXCLUSIONS WHICH ARE LISTED IN THE POLICY, GIVES YOU A

CLEAR SUMMARY OF RIGHT NOW WHAT YOUR POLICY DOES. THE ONLY

DIFFERENCE THAT THIS OTHER -- THIS NEW BILL WILL DO, IT MAKES THE

INSURANCE COMPANY PUT IT IN RED INK. THE ONLY THING IT DOES. SO,

YOU'RE GOING -- INSTEAD OF HAVING A POLICY THAT LISTS EVERYTHING ON YOUR

DECLARATION PAGE, YOU'RE NOW GOING TO HAVE A DECLARATION PAGE IN RED.

AND I -- I DON'T BELIEVE THAT'S GOING TO HELP THE CONSUMER LOOK INTO AND

READ THE POLICY, YOU KNOW, MORE THAN WHAT THEY'RE DOING RIGHT NOW.

TO ME, THIS BILL IS NOT NECESSARY BECAUSE, OBVIOUSLY,

IN A LEGAL CONTRACT YOU HAVE TO HAVE SOME CLARITY ON EXCLUSIONS, AND IF

NYS ASSEMBLY MAY 9, 2023

YOU PUT EVERY EXCLUSION ON A SUMMARY PAGE, YOUR SUMMARY PAGE IS

GOING TO BE AS LONG AS YOUR INSURANCE PAGE. SO, THE DECLARATION PAGE

DOES EXACTLY WHAT -- ALL THAT WE NEED TO DO WHICH WOULD HELP THE

CONSUMER. SO I BELIEVE THAT THIS POLICY -- THIS BILL IS NOT NEEDED AND I

WILL BE -- I'M NOT SUPPORTING IT AND I WILL BE VOTING NO. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

READ THE LAST SECTION.

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

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

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

REPUBLICAN CONFERENCE IS GENERALLY OPPOSED TO THIS BILL. THOSE WHO

SUPPORT IT CAN VOTE IN FAVOR ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU. 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 DESK.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BLANKENBUSH TO EXPLAIN HIS VOTE.

MR. BLANKENBUSH: TO EXPLAIN MY VOTE. I

FORGOT TO MENTION THAT THE PRINT ON THIS SUMMARY PAGE IS GOING TO BE IN

NYS ASSEMBLY MAY 9, 2023

16-POINT TYPE. SO I JUST WANT EVERYONE TO KNOW THAT THAT WOULD HAVE

TO BE ON AN 8X10 FOOT PIECE OF PAPER. THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. BLANKENBUSH IN

THE NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 12, CALENDAR NO. 98, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A05609, CALENDAR NO.

98, ROZIC, JACOBSON, COLTON. AN ACT TO AMEND THE WORKERS'

COMPENSATION LAW, IN RELATION TO PROVIDING LANGUAGE ACCESS SERVICES.

ACTING SPEAKER AUBRY: AN EXPLANATION HAS

BEEN REQUESTED.

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

WOULD AMEND THE WORKERS' COMPENSATION LAW TO ALIGN PROVISIONS

REQUIRING DOCUMENT TRANSLATION AND LANGUAGE ACCESS SERVICES WITH THE

REQUIREMENTS UNDER THE EXECUTIVE LAW. THE LANGUAGE ACCESS

REQUIREMENTS FOR OTHER STATE AGENCIES UNDER THE EXECUTIVE LAW WAS

ADDED IN LAST YEAR'S EXECUTIVE BUDGET, SO THIS LARGELY REFLECTS THAT

CHANGE, AND EXISTING REQUIREMENTS, JUST BRINGS THAT TOWARDS THE

WORKERS' COMPENSATION BOARD. IT DOES A BUNCH OF OTHER THINGS, BUT

ESSENTIALLY, IT PROVIDES CONSISTENCY BY CROSS-REFERENCING THE EXECUTIVE

LAW SO THAT IN THE FUTURE IF THERE WERE CHANGES MADE TO THAT PART OF THE

LAW, THAT IT WOULD ALSO BE REFLECTED IN THE WORKERS' COMPENSATION

LAW, AS WELL.

NYS ASSEMBLY MAY 9, 2023

ACTING SPEAKER AUBRY: MS. WALSH.

MS. WALSH: THANK YOU, MR. SPEAKER. WILL THE

SPONSOR YIELD FOR JUST A FEW QUESTIONS?

ACTING SPEAKER AUBRY: MS. ROZIC, WILL YOU

YIELD?

MS. ROZIC: SURE.

ACTING SPEAKER AUBRY: MS. ROZIC YIELDS,

MA'AM.

MS. WALSH: THANK YOU. SO AS YOU SAID, THIS

WOULD AMEND WORKERS' COMPENSATION LAW SECTION 17-A. CAN YOU

JUST KIND OF COMPARE AND CONTRAST WHAT THE CURRENT LAW REQUIRES AND

WHAT YOUR LEGISLATION WOULD ADDITIONALLY REQUIRE? THAT -- THAT'S THE

MAIN QUESTION THAT I'VE GOT.

MS. ROZIC: OKAY. SO THE MAIN DIFFERENCES ARE THAT

-- BETWEEN THE EXECUTIVE LAW AND THE WORKERS' COMP LAW IS THAT IT

INCREASES FROM 10 TO 12 LANGUAGES PLUS A POTENTIAL FOR ADDITIONAL

LANGUAGES IF THE BOARD CHOOSES TO ADD MORE, IT CAN CHOOSE NOT TO. THE

SECOND CHANGE -- THE SECOND DIFFERENCE IS THAT IT INCLUDES PROVISIONS

THAT RELATE TO THE DETERMINATION OF THOSE FOUR ADDITIONAL LANGUAGES AND

THAT A LANGUAGE ACCESS PLAN NEEDS TO BE UPDATED AND REISSUED EVERY

TWO YEARS. MY UNDERSTANDING IS THAT THE CURRENT PROVISIONS UNDER THE

WORKERS' COMPENSATION LAW ALREADY REQUIRE THE LANGUAGE ACCESS

COORDINATOR, WE DID THAT A COUPLE OF YEARS AGO. BUT THIS BILL WOULD

REPHRASE IT FOR CONSISTENCY AND CLARITY TO MAKE IT -- TO MAKE SURE THAT

THAT ALSO COORDINATOR ALSO WORKS WITHIN THE OFFICE OF GENERAL SERVICES

NYS ASSEMBLY MAY 9, 2023

TO ENSURE COMPLIANCE ACROSS THE BOARD, BECAUSE THEY CREATED THIS

OFFICE OF LANGUAGE ACCESS LAST YEAR IN THE BUDGET, AND SO WE WANT TO

MAKE SURE THAT WE'RE BEING CONSISTENT.

MS. WALSH: OKAY. SO YEAH, SO THAT -- THANK YOU

FOR THAT. THAT -- BECAUSE I -- I SAW THAT THE ADDITIONAL TWO LANGUAGES

WERE BEING ADDED. WHAT ARE THOSE LANGUAGES THAT ARE BEING ADDED?

DO YOU HAPPEN TO KNOW?

MS. ROZIC: THAT'S A GOOD QUESTION. I DO HAVE THAT

LIST. SO ACCORDING TO THE LANGUAGE ACCESS PLAN PUBLISHED BY OGS AND

THE WORKERS' COMPENSATION BOARD, THE TOP 12 LANGUAGES SPOKEN BY

INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY IN THE STATE OF NEW YORK

ARE, ONE, SPANISH; TWO, CHINESE; THREE, RUSSIAN; FOUR, YIDDISH; FIVE,

BENGALI; SIX, HAITIAN CREOLE; SEVEN, KOREAN; EIGHT, ITALIAN; NINE,

ARABIC; TEN, POLISH; 11, FRENCH; AND 12, URDU.

MS. WALSH: WHAT WAS THAT LAST ONE, I'M SORRY?

MS. ROZIC: URDU.

MS. WALSH: OH, URDU. OKAY, OH, OKAY. THANK

YOU. I JUST -- I WAS CURIOUS TO SEE WHAT THE MOST COMMON ONES WERE.

LOOK, AND YOU DELIVERED, THANK YOU.

AND THEN ALSO, THIS BILL TALKS ABOUT VITAL RECORDS -- OR

VITAL DOCUMENTS BEING TRANSLATED INTO THESE 12 MOST COMMON

LANGUAGES, THE -- BUT THE PREVIOUS -- THE EXISTING LAW ALREADY REQUIRES A

LOT OF DOCUMENTS TO BE TRANSLATED. DOES THIS LEGISLATION EXPAND THE

NUMBER OR SCOPE OR BREADTH OF DOCUMENTS THAT ARE GOING TO BE

TRANSLATED?

NYS ASSEMBLY MAY 9, 2023

MS. ROZIC: IT ADDS THE DEFINITION OF VITAL

DOCUMENTS FROM THE EXECUTIVE LAW.

MS. WALSH: OKAY.

MS. ROZIC: WHICH MEANS ANY PAPER OR DIGITAL

DOCUMENT THAT CONTAINS INFORMATION CRITICAL TO OBTAINING AGENCY

SERVICES OR BENEFITS, OR AS OTHERWISE REQUIRED TO BE COMPLETED BY THE

LAW. I CAN GIVE YOU MORE DETAILS ABOUT THAT, AS WELL.

MS. WALSH: NO, NO THAT'S OKAY. I GUESS WHERE --

WHERE I WAS -- WHAT I WAS THINKING IS, SO YOU HAVE AN APPLICATION, SAY,

FOR WORKERS' COMPENSATION BENEFITS THAT NEEDS TO BE FILLED OUT BY THE

EMPLOYEE, AND THAT NEEDS TO BE IN A LANGUAGE THAT THE EMPLOYEE

UNDERSTANDS, AND I GET THAT. AND UNDER EXISTING LAW, I THINK THAT THAT

DOCUMENT ALREADY HAS TO BE IN ALL OF THOSE -- WELL, TEN OF THOSE

LANGUAGES ANYWAY, NOW IT WILL BE 12. BUT SO WHEN THE EMPLOYEE FILLS

OUT THE FORM IN THEIR NATIVE LANGUAGE AND SUBMITS IT, THEN WHO THEN

TRANSLATES THAT IN A WAY -- IN A WAY THAT THE EMPLOYER CAN UNDERSTAND

AND THEN RESPOND TO, AND THE BOARD?

MS. ROZIC: SO, THE COORDINATOR IN EACH RESPECTIVE

AGENCY WOULD HAVE TO FIGURE THAT OUT, BUT THIS BILL DOES NOT SPECIFICALLY

SPEAK TO THAT SCENARIO.

MS. WALSH: OKAY. SO IS -- IS IT POSSIBLE THAT THE

EMPLOYER WOULD HAVE TO INCUR THE EXPENSE OF GETTING THEIR OWN LIKE

PRIVATE-PAY TRANSLATOR OR IS THAT GOING -- DO YOU KNOW WHETHER THAT'S

ENCOMPASSED UNDER THE SERVICES OF THIS -- THE TRANSLATION SERVICES?

MS. ROZIC: I BELIEVE THAT -- I BELIEVE THE OFFICE OF

NYS ASSEMBLY MAY 9, 2023

LANGUAGE SERVICES -- LANGUAGE ACCESS AND THE LANGUAGE ACCESS

COORDINATOR WOULD HAVE TO FIGURE THAT OUT.

MS. WALSH: AND -- AND DO HAPPEN TO KNOW IF THAT'S

PROVIDED FREE OF CHARGE TO THE EMPLOYER OR IF THERE'S A CHARGE FOR THOSE

SERVICES?

MS. ROZIC: I CAN CERTAINLY FIND OUT FOR YOU.

MS. WALSH: OKAY. YEAH, I WAS JUST CURIOUS ABOUT

THAT. OKAY. OKAY. I -- I THINK THAT'S ALL, THOSE ARE THE ONLY QUESTIONS

I'VE GOT. THANK YOU VERY MUCH FOR YOUR -- FOR YOUR ANSWERS.

MS. ROZIC: THANKS.

MS. WALSH: AND I REALLY HAVE NOTHING ELSE TO SAY,

MR. SPEAKER. THANK YOU.

ACTING SPEAKER AUBRY: THANK YOU.

(LAUGHTER)

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, BUT THOSE WHO SUPPORT IT CAN

CERTAINLY VOTE IN FAVOR HERE ON THE FLOOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

NYS ASSEMBLY MAY 9, 2023

SPEAKER. THE MAJORITY CONFERENCE IS GOING TO BE IN FAVOR OF THIS BILL;

HOWEVER, THERE MAY BE A FEW OF US THAT WOULD LIKE TO BE AN EXCEPTION.

THEY SHOULD FEEL FREE TO DO SO.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. GOODELL TO EXPLAIN HIS VOTE.

MR. GOODELL: THANK YOU, SIR, TO EXPLAIN MY VOTE.

I THINK EVERYONE IS SENSITIVE TO THE FACT THAT WE HAVE MANY DIFFERENT

PEOPLE IN NEW YORK STATE THAT SPEAK MANY LANGUAGES, AND I CERTAINLY

APPRECIATE THAT. YET, WE ALL HAVE A COMMON LANGUAGE, AND THAT

COMMON LANGUAGE HELPS HOLD US TOGETHER AND BIND US IN COMMONALITY

AS -- AS A SOCIETY AND AS A NATION, AND -- AND THAT COMMON LANGUAGE IS

ENGLISH. AND WE RECOGNIZE THAT THERE ARE A NUMBER OF PEOPLE FOR

WHOM ENGLISH IS A SECOND LANGUAGE, AND WE TRY TO ACCOMMODATE THEM

AS BEST WE CAN BEING SENSITIVE TO THEIR LANGUAGE NEEDS. AT THE SAME

TOKEN, WE RECOGNIZE THAT WHEN WE START LEGISLATING TRANSLATION SERVICES

FOR FORMS AND DOCUMENTS, WHAT WE END UP WITH IS SOMEONE SUBMITTING

AN UNEMPLOYMENT CLAIM THAT'S IN A LANGUAGE THAT'S COMPLETELY

INCOMPREHENSIBLE, PERHAPS, TO THE PERSONNEL OFFICE OR THE EMPLOYER

WHO IS NOT FAMILIAR WITH THAT PARTICULAR FOREIGN LANGUAGE. NOT FAMILIAR

AT ALL. AND THEN THE EMPLOYER RESPONDS BY WHAT, HIRING A TRANSLATOR?

HALF THESE LANGUAGES, YOU WOULD BE HARD-PRESSED TO FIND A TRANSLATOR IN

MY COUNTY. I MEAN, IT WOULD BE EXTRAORDINARILY DIFFICULT AND

EXPENSIVE. AND THE RESPONSE COMES FROM THE EMPLOYER IN ENGLISH AND

NYS ASSEMBLY MAY 9, 2023

WE HAVE WHAT, ANOTHER TRANSLATOR? AND THEN WE HAVE A HEARING AND

OTHER TRANSLATORS? AND THE PROBLEM IS, EVERY TIME WE ADD MORE AND

MORE LANGUAGES THAT ARE LESS AND LESS COMMON ACROSS THE STATE, THE

COSTS OF THE PROCEEDING GO UP AND THE LIKELIHOOD OF MISCOMMUNICATION

GOES UP. IF YOU APPLY FOR A JOB AT A NEW YORK STATE EMPLOYER AND

ENGLISH IS YOUR SECOND LANGUAGE AND YOU HAVE AN ISSUE, MOST PEOPLE

HAVE FRIENDS OR RELATIVES WHO HELP THEM. OR, THEY HAVE THE ABILITY TO

GET A TRANSLATION. SO THIS OPENS THE DOOR AND SAYS FOR THE 12 MOST

COMMON LANGUAGES, AND IN MY COUNTY IT'S TWO, YOU HAVE TO PROVIDE

TRANSLATION SERVICES AND IT'S A SIGNIFICANT OBLIGATION. AND FOR THAT

REASON, I WILL NOT BE SUPPORTING IT.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MR. GOODELL IN THE

NEGATIVE.

MS. LUNSFORD TO EXPLAIN HER VOTE.

MS. LUNSFORD: THANK YOU VERY MUCH, MR.

SPEAKER. AS MANY OF YOU KNOW, I WAS A WORKERS' COMPENSATION

ATTORNEY FOR ABOUT A DECADE PRIOR TO COMING TO THE FLOOR OF THIS

CHAMBER, AND I HAD MANY OCCASIONS TO REPRESENT PEOPLE WHO REQUIRED

LANGUAGE ACCESS SERVICES. OBVIOUSLY, THEY SPOKE A DIFFERENT LANGUAGE

OR BECAUSE THEY HAD HEARING ISSUES. AND I'LL TELL YOU THAT BETWEEN

AWWS AND LWECS AND ALL THE ALPHABET SOUP WE USE AT THE COMP

LEVEL, IT'S PRACTICALLY A DIFFERENT LANGUAGE AS IT IS. SO TRYING TO EXPLAIN

TO SOMEONE WHO HAS ANY LANGUAGE BARRIER, EVEN ENGLISH, EVEN PEOPLE

WHO HAD THIRD GRADE READING LEVELS, IT WAS AN ENORMOUS CHALLENGE TO

NYS ASSEMBLY MAY 9, 2023

ENSURE THAT THEY WERE ABLE TO FULLY UNDERSTAND AND ACCESS THIS SYSTEM

OF JUSTICE WHICH FOR MANY PEOPLE IS THE ONLY SYSTEM THEY ARE STATUTORILY

ALLOWED TO ACCESS.

I'M VERY HAPPY TO SUPPORT THIS BILL BECAUSE IT'S

ESSENTIAL THAT WE ENSURE THAT EVERY PERSON IN THIS STATE WHO IS ENTITLED

TO BENEFITS BECAUSE THEY WERE INJURED ON THE JOB THROUGH NO FAULT OF

THEIR OWN CAN UNDERSTAND THEIR RIGHTS AND ENSURE THAT THEY ARE GETTING

EVERYTHING THEY DESERVE. I VOTE IN THE AFFIRMATIVE. THANK YOU VERY

MUCH.

ACTING SPEAKER AUBRY: MS. LUNSFORD IN THE

AFFIRMATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 12, CALENDAR NO. 100, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A01190, CALENDAR NO.

100, RIVERA, DINOWITZ, HEVESI, JACKSON, JACOBSON, MAMDANI,

SANTABARBARA, SILLITTI, SEAWRIGHT, SIMON, TANNOUSIS, CONRAD, KELLES.

AN ACT TO AMEND THE PUBLIC SERVICE LAW, IN RELATION TO CERTAIN

REQUIREMENTS REGARDING BILLING FOR ELECTRIC SERVICES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. RIVERA.

MR. RIVERA: THANK YOU. THE BILL BEFORE US IS A

BILL THAT WE PASSED LAST YEAR, ALSO PASSED IN THE SENATE AND WAS VETOED

BY THE GOVERNOR. WE MADE SOME MINOR CHANGES TO IT, AND LOOKING

NYS ASSEMBLY MAY 9, 2023

FORWARD TO -- TO DISCUSS IT AGAIN. THE PURPOSE OF THE BILL IS TO PROVIDE

IMPROVED BILLING TRANSPARENCY FOR DEMAND-METERED CUSTOMERS BY

INCLUDING SPECIFIC INFORMATION ON UTILITY BILLS.

ACTING SPEAKER AUBRY: MR. PALMESANO.

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

THE SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MR. RIVERA, WILL YOU

YIELD?

MR. RIVERA: OF COURSE.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. PALMESANO: THANK YOU, MR. RIVERA. I

APPRECIATE HAVING THE CONVERSATION WITH YOU AGAIN THIS YEAR. YOU

MENTIONED IN YOUR OPENING COMMENTS THAT (INAUDIBLE) THE GOVERNOR

VETOED THIS BILL LAST YEAR, AND IN THE VETO SHE EXPRESSED EXPLICITLY THAT

HER CONCERN THAT THIS WILL LEAD TO COSTS TO RATEPAYERS THAT OUT --

OUTWEIGH THE MARGINAL BENEFIT OF THIS INFORMATION, AND ALSO CONCERNS

ABOUT THE ADMINISTRATIVE BURDEN THIS WHICH WOULD PLACE ON UTILITIES

WHICH WOULD DILUTE INFORMATION THAT'S BEING PROVIDED AND ALSO

TRANSLATE INTO A COST INCREASE FOR RATEPAYERS. HOW DOES YOUR BILL

RECONCILE AND ADDRESS THOSE SPECIFIC CONCERNS ON COSTS TO RATEPAYERS,

OR DO YOU BELIEVE THIS WON'T IMPACT RATEPAYERS?

MR. RIVERA: THE PRIMARY CONCERN THAT THE

GOVERNOR'S FOLKS HAVE BROUGHT TO OUR ATTENTION WAS THAT IT DIDN'T

SPECIFY -- I'M SORRY, IT DIDN'T EXEMPT MUNICIPALITIES THAT MAY PRODUCE

THEIR OWN ELECTRICITY, AND SPECIFY ONLY THAT IT BE FOR UTILITY COMPANIES.

NYS ASSEMBLY MAY 9, 2023

SO NOW THAT'S BEEN CLARIFIED, AND THIS ONLY WILL AFFECT COMMERCIAL, YOU

KNOW, COMMERCIAL ENERGY PROVIDERS AS OPPOSED TO ANY MUNICIPALITY

THAT THEY, THEMSELVES, PRODUCE THEIR OWN ENERGY.

MR. PALMESANO: OKAY. RIGHT NOW, CURRENTLY

UNDER THE PUBLIC SERVICE LAW SECTION 44, IT REQUIRES EVERY UTILITY

CORPORATION OR MUNICIPALITY TO ENSURE THE BILLS FOR SERVICES FOR THEIR

RESIDENTIAL CUSTOMERS ADEQUATELY EXPLAINS THE CHARGES FOR SERVICES THAT

ARE CLEAR AND UNDERSTANDABLE IN LANGUAGE. AND THIS WOULD ALSO APPLY

TO DEMAND METER CUSTOMERS. SO, IF THE PUBLIC SERVICE COMMISSION

DETERMINED THAT THEY NEEDED TO MAKE THIS CHANGE TO BE MORE CLEAR WITH

CUSTOMERS, IF THEY BELIEVED THAT WAS NECESSARY, THEY WOULD HAVE THE

ABILITY UNDER PUBLIC SERVICE LAW TO MAKE THOSE CHANGES NOW IF THEY

DEEMED IT WAS HELPFUL TO HELP TRANSPARENCY FOR CUSTOMERS. THEY COULD

DO THAT RIGHT NOW, THEY HAVE THE AUTHORITY TO DO THAT UNDER -- UNDER

REGULATIONS, CORRECT?

MR. RIVERA: I SUPPOSE THE PSC CAN ACT AT ANY

MOMENT UNDER THOSE SORT OF GUIDELINES, BUT WE HERE AS A LEGISLATIVE

BODY AREN'T SOLELY GOING TO WAIT FOR THE PSC TO DO SOMETHING ON ITS

OWN. WE'RE HERE TO MAKE SURE THAT THEY DO IT WHEN WE FIND IT

NECESSARY.

MR. PALMESANO: SURE, I UNDERSTAND THAT. THE

QUESTION THAT KEEPS COMING UP WITH THIS BILL WHEN WE TALKED ABOUT IT

LAST YEAR AND IT'S STILL THERE, IT TALKS ABOUT A MEASURE OF A SPECIFIC LINE

ITEM, SPECIFIC LINE ITEM AS MEASURED OVER THE PRECEDING 52-WEEK

PERIOD. SO WHAT DOES SPECIFIC LINE ITEM MEAN? DOES THAT MEAN EVERY

NYS ASSEMBLY MAY 9, 2023

SPECIFIC LINE ON THE BILL NOW THAT'S ON THAT CURRENT UTILITY BILL, NOW

THEY'RE GOING TO HAVE TO DO A 52-WEEK COMPARISON TO SHOW WHAT IT WAS

IN MAY OF 2022 COMPARED TO MAY OF 2023 AND VICE VERSA ON EVERY

LINE?

MR. RIVERA: IT'S MY UNDERSTANDING THAT -- AND MY

INTENT THAT EVERY -- EVERY MONTH A BILL GETS PRODUCED, THAT BILL NOW HAS

TO HAVE MORE CLARITY AROUND WHERE INDIVIDUAL CHARGES COME FROM THAT

THE COMPANY PASSES ON TO THE -- TO THE CONSUMER, LET THAT BE IN USAGE

OR IN ANY OTHER SORT OF DEMAND FEES OR ANY OTHER COSTS ASSOCIATED WITH

HOW, WHETHER IT BE NATIONAL GRID, CON EDISON, WHOEVER, HOW THEY

DETERMINE HOW MUCH SOMEBODY SHOULD GET PAID, THEY -- OR HOW MUCH

A PERSON SHOULD PAY, THEY SHOULD SHARE THAT INFORMATION ON HOW THEY

ARRIVED AT THAT NUMBER, LET IT BE IN STRAIGHT USAGE OR ANY ADDITIONAL FEES

THAT THEY CHARGE.

MR. PALMESANO: SO WOULD THIS APPLY TO ALL

SERVICE CLASSES, RESIDENTIAL, SMALL BUSINESS AND COMMERCIAL?

MR. RIVERA: SO, YOU KNOW, THERE WAS ALREADY

EXISTING LANGUAGE HERE THAT -- THAT INCLUDED RESIDENTIALS. THIS ADDS

DEMAND METERED, WHICH IS GOING TO BE MORE -- MORE OFTEN THAN NOT,

COMMERCIAL CUSTOMERS. AND THIS IS GOING TO GIVE PEOPLE THE ABILITY TO

SAY HOW MUCH ENERGY THEY'RE CONSUMING IN A MONTH AND POTENTIALLY

WHERE THEY CAN CUT BACK, AND THEY'RE ABLE TO -- THEY'RE GOING TO BE ABLE

TO DETERMINE HOW MANY FEE -- HOW MUCH OF WHAT THEY'RE PAYING ARE

STRAIGHT FEES THAT ARE PASSED ON TO THEM OR -- AND HOW MUCH IS ACTUAL

USAGE.

NYS ASSEMBLY MAY 9, 2023

MR. PALMESANO: AND I WILL -- I -- I AGREE THAT ON

THE UTILITY -- BECAUSE I'M LOOKING AT A UTILITY BILL HERE FROM NATIONAL

GRID AND IT HAS THE ELECTRIC USAGE, YEAR OVER YEAR, OR -- AND THEN THE GAS

USAGE THAT CLEARLY DEFINES OUT. BUT ALSO LOOKING AT A BILL WHERE IT HAS A

BASIC SERVICE CHARGE, LEGACY TRANSITION, RDM, TRANSMISSION REVENUE

ADJUSTMENT, TARIFF ADJUSTMENT, SURCHARGE. YOUR LEGISLATION WOULD

REQUIRE THEM, EVEN ON THOSE SPECIFIC LINE ITEMS THAT REALLY PROBABLY

DON'T GIVE A LOT OF INFORMATION TO A CUSTOMER ON THEIR USAGE AND ON

THEIR COSTS, YOU'RE GOING TO REQUIRE THEM NOW TO HAVE THE UTILITIES PUT

ON THESE BILLS A 12 -- A 52-WEEK COMPARISON YEAR OVER YEAR ON A ROLLING

BASIS?

MR. RIVERA: THEY'RE GOING TO HAVE TO PROVIDE THE

CUSTOMERS HOW THEY ARRIVE AT THE FINAL NUMBERS THAT THEY FIND. AND AS

FOR THE LANGUAGE OF THE BILL, IT SAYS FOR UTILITY CORPORATIONS SUCH BILL

SHALL, AT A MINIMUM, INCLUDE THE QUANTITY BILLED, THE UNIT OF THE

MEASUREMENT AND THE HIGHEST MEASUREMENT OF A SPECIFIC LINE ITEM AS

MEASURED OVER THE PRECEDING 52-WEEK PERIOD.

MR. PALMESANO: YEAH, AND I -- I KNOW WE GO

BACK TO THAT SENTENCE, SPECIFIC LINE ITEMS. SO THE TARIFF SURCHARGE, NOW

THEY'RE GOING TO HAVE TO SHOW, SO THIS MONTH SAY IT WAS $1.04, THEY'RE

GOING TO HAVE TO SHOW WHAT IT WAS A YEAR AGO COMPARED TO THAT?

THEY'RE GOING TO HAVE TO SHOW THE TRANSMISSION REVENUE ADJUSTMENT ON

THE BILL COMPARED TO A YEAR AGO, THE RDM COMPARED TO A YEAR -- SO

YOU'RE GOING TO HAVE TO DO ALL THOSE THINGS. I MEAN, I GET AND I SUPPORT

WHAT YOU'RE SAYING ABOUT USAGE. CUSTOMERS NEED TO KNOW WHAT THE

NYS ASSEMBLY MAY 9, 2023

USAGE IS SO THEY CAN COMPARE AND THEN THEY CAN FIGURE OUT WHAT THAT

COST IS. BUT YOUR BILL, THE WAY THIS IS WRITTEN, SO -- SO BROAD AND OVERLY

BROAD, IT'S GOING TO INUNDATE THESE -- THESE BILLS, IT'S GOING TO PROVIDE

MORE INFORMATION ON THE BILLS AND REALLY ISN'T GOING TO BE HELPFUL TO THE

CUSTOMER. AND THAT'S WHY I THINK THE GOVERNOR VETOED IT BECAUSE IT'S

GOING TO BE MORE PAPERWORK, MORE TIME, AND THAT'S JUST GOING TO PASS

OFF RATE INCREASES TO THE CUSTOMER THAT YOU'RE TRYING TO HELP OUT BEING

TRANSPARENT. SO NOW THEY'RE GOING TO BE TRANSPARENT AND SEEING A

HIGHER UTILITY BILL BECAUSE OF ALL THESE ADDITIONAL MANDATES, CORRECT?

MR. RIVERA: I DISAGREE. I'D SAY THAT THIS IS ALREADY

INFORMATION THAT UTILITY COMPANIES ARE ALREADY COLLECTING, AND IF THEY

WEREN'T, HOW COULD THEY BE CHARGING US? I'D ALSO SAY THAT IT'S NOT JUST A

MATTER OF DETERMINING IF A -- IF A UTILITY COMPANY IS GOING TO CHARGE

SOMEONE -- A PERSON A FEE OR A CHARGE TODAY. I THINK IT'S HELPFUL TO

HAVE A COMPARISON OF WHAT THEY CHARGED US A FEW MONTHS AGO SO WE

COULD KNOW WHAT WE'RE DOING AS USERS, AS RATEPAYERS AND SEE WHERE WE

CAN CUT BACK.

MR. PALMESANO: YEAH, I CAN UNDERSTAND THAT,

MR. RIVERA. I MEAN, THE THING IS WHEN I -- I (INAUDIBLE) THE COST, I

MEAN, THIS IS ONE -- ONE -- THIS IS LIKE PAGE TWO OF FOUR AND IT'S GOT THE

LINES. NOW IT'S GOING TO HAVE ALL THESE OTHER ADDITIONAL LINES THAT ARE

GOING TO HAVE TO BE ON THERE. IS IT JUST A LINE, OR DOES IT HAVE TO BE A

GRAPH, OR CAN IT BE ANY COMBINATION THEREOF? AND IF IT GOES MORE THAN

ADDITIONAL PAGES, THAT'S GOING TO BE MORE OF A COST TO THE CUSTOMER,

RIGHT? BECAUSE THEY HAVE TO PRINT IT, THEY HAVE TO MAIL IT, IT'S -- YOU

NYS ASSEMBLY MAY 9, 2023

KNOW, IT'S ALL GOING TO BE AN ADDITIONAL COST AND TIME TO PUT INTO IT. IT'S

ULTIMATELY GOING TO BE BORNE BY THE RATEPAYER, CORRECT?

MR. RIVERA: I DON'T ANTICIPATE ENCYCLOPEDIA-LONG

BILLS EVERY MONTH COMING TO PEOPLE'S HOUSES. I WILL SAY THAT IT SAYS,

YOU KNOW, PRETTY CLEARLY IN THE LANGUAGE HERE THAT, YOU KNOW, SUCH

CLASSIFICATIONS OF SERVICE SHALL BE INDICATED ON EACH CUSTOMER'S BILL FOR

ELECTRIC SERVICE AND SHALL INCLUDE A WEBSITE ADDRESS TO OTHER

INFORMATION DEEMED RELEVANT BY THE COMMISSION. SO, IF THE

COMMISSION DEEMS RELEVANT THAT, YOU KNOW, MORE INFORMATION THAN

WHAT A PROVIDER IS PROVIDING TO A RATEPAYER, THEN THERE'S ALSO GOING TO

BE A WEBSITE THERE THAT DOESN'T HAVE ANYTHING TO DO WITH PRINTING OR

ANYTHING YOU JUST SAID, WHERE A RATEPAYER CAN JUST ACCESS IT THAT WAY,

TOO.

MR. PALMESANO: ANOTHER AREA I WANTED TO ASK

YOU ABOUT, WHAT ABOUT THE ESCOS, THE ENERGY SERVICE CORPORATIONS? A

LOT OF TIMES THE UTILITY WILL DO THE BILLING FOR THEM, THE ESCO WILL JUST

PRESENT THE INFORMATION AND WHAT THEIR BILL IS. NOW, DOES THE ESCO

GOT TO DO A COMPARISON TOO, OR WOULD IT BE ON THE UTILITY TO DO IT?

WHO'S -- WHO'S GOING TO ULTIMATELY HAVE TO PROVIDE THIS COMPARISON?

IS THE UTILITY GOING TO BE RESPONSIBLE FOR PROVIDING THE NUMBERS FOR THE

ESCO OVER THE PAST YEAR, AS WELL? BECAUSE I KNOW THE TRANSMISSION

AND DELIVERY, SOME OF THAT'S GOING TO BE ON THE UTILITY, BUT THE COST OF

THE GAS IS GOING TO FALL ON THE ESCO. SO IS THE UTILITY NOW RESPONSIBLE

FOR GETTING THE RESEARCH AND PUTTING IT ON THE BILL AS WELL, TOO?

MR. RIVERA: IT'S ONLY THE UTILITY COMPANY.

NYS ASSEMBLY MAY 9, 2023

MR. PALMESANO: ONLY THE UTILITY, OKAY. YOU

KNOW, I -- I KIND OF LIKE WHERE YOU'RE GETTING AT FROM ONE PERSPECTIVE

ON THIS LEGISLATION, AND I -- I WOULD AGREE IT'S GOOD TO GIVE CONSUMERS

INFORMATION. I JUST THINK WHAT YOU'RE TRYING TO DO HERE IS TOO OVERLY

BROAD. WHY NOT ALSO, YOU KNOW, PUT IN LEGISLATION -- I MEAN, IT'S A

DIFFERENT ISSUE, BUT IT'S A SIGNIFICANT ISSUE -- YOU KNOW, WE'RE DOING A

LOT ON THESE GREEN ENERGY POLICIES THAT ARE INCREASING COSTS. WOULDN'T

IT BE GOOD TO PUT ON THE ENERGY BILL, HEY, CUSTOMER, BUSINESS, FARMER,

SMALL -- FAMILY, SENIOR CITIZEN, HERE'S WHAT YOU'RE PAYING ON YOUR

UTILITY BILL FOR THESE -- THESE SO-CALLED GREEN ENERGY PROGRAMS.

WOULDN'T THAT BE WISE TO PUT ON THE BILL? BECAUSE I KNOW YOU

PROBABLY SAW THE ARTICLE JUST A WEEK AGO THAT NATIONAL GRID JUST SAID

THAT THEY'RE INCREASING THEIR PRICES 17 PERCENT BECAUSE OF CLIMATE

POLICIES THAT NEED TO BE (INAUDIBLE). WOULDN'T IT BE WISE -- TALK ABOUT

BEING TRANSPARENT, WOULDN'T THAT BE THE BEST STEP TO DO, TO SHOW THE

CUSTOMERS WHAT IS REALLY GOING TO IMPACT THEM, HOW MUCH IT'S GOING TO

COST THEM, THESE GREEN POLICIES, RATHER THAT JUST PUTTING A TARIFF-ADJUSTED

SURCHARGE OR THE RDM CHARGE OR THE LEGACY TRANSITION CHARGE?

WOULDN'T IT BE BETTER TO GIVE THEM INFORMATION THAT'S GOING TO BE MORE

VALUABLE TO THEM SO IT'S NOT GOING TO INCREASE THE COST TO THE RATEPAYER

(INAUDIBLE) AND IT IS GOING TO INCREASE IT, SO LET'S SHOW THEM WHY.

WOULDN'T THAT BE BETTER? I GUESS -- IT'S A LONG QUESTION, BUT HAVE AT IT.

MR. RIVERA: YEAH. YOU GOT SO MANY QUESTIONS,

YOU'VE GOT ABOUT A DOZEN BILL IDEAS THERE.

MR. PALMESANO: HOW -- HOW -- HOW (INAUDIBLE)

NYS ASSEMBLY MAY 9, 2023

-- I'LL MAKE IT SIMPLE. SHOULD WE PUT THE COST OF THE GREEN -- THE GREEN

CLEAN ENERGY MANDATES ON THE BILL SO THE CUSTOMER HAS A RIGHT TO KNOW

AND SEE THE TRANSPARENCY OF WHAT THESE POLICIES THAT WE'RE PUTTING IN

THIS HOUSE TO SEE -- YOU DON'T THINK THAT SHOULD GO ON THE BILL?

MR. RIVERA: I'D SAY HERE, WE'RE TALKING ABOUT

UTILITY COMPANIES PROVIDING INFORMATION THAT THEY CHARGE US WHO,

EVERY MONTH WE PAY OUR BILLS AND EVERY MONTH WE USE OUR ELECTRICITY

AND, THEREFORE, IN REALITY, IT'S NOT AS IF NATIONAL GRID OR CON EDISON

DOES US ANY FAVORS. I MEAN, WE PAY THEM EVERY MONTH TO DO WHAT THEY

DO. SO IN THAT WAY, IN -- AT THE END OF THE DAY, IT'S -- IT'S -- IT'S NOT MUCH

TO ASK FOR A BIT OF TRANSPARENCY AND HOW THEY'RE --

MR. PALMESANO: I -- I --

MR. RIVERA: -- CHARGING US AND THE WAY THAT

THEY'RE CHARGING US AND (INAUDIBLE) --

MR. PALMESANO: I AGREE ON THE TRANSPARENCY.

MR. RIVERA: -- EVERYTHING ELSE YOU JUST SAID JUST

SOUNDS LIKE AN ENTIRELY DIFFERENT BILL.

MR. PALMESANO: ALL RIGHT. I WON'T -- I WON'T

BANTER ANYMORE BACK AND FORTH.

MR. RIVERA: I DON'T MIND.

MR. PALMESANO: I APPRECIATE YOUR TIME, MR.

RIVERA.

MR. SPEAKER, ON THE BILL.

MR. RIVERA: THANK YOU.

ACTING SPEAKER MCDONALD: ON THE BILL.

NYS ASSEMBLY MAY 9, 2023

MR. PALMESANO: I -- I CAN CERTAINLY APPRECIATE

THE INTENT OF THE SPONSOR ABOUT BEING TRANSPARENT, TRYING TO LET CITIZENS

KNOW ABOUT THEIR BILLS. UNFORTUNATELY, I JUST THINK THIS BILL IS SO OVERLY

BROAD, AND -- AND IT MIGHT SEEM SIMPLE, BUT THAT SPECIFIC ISSUE -- WELL,

MEASURE OF A SPECIFIC LINE ITEM MEANS EVERY LITTLE THING ON THE BILL NOW

WILL HAVE TO SHOW A 52-WEEK COMPARISON. THE TARIFF SURCHARGE, THE

TRANSMISSION REVENUE ADJUSTMENT, RDM, HOW MANY PEOPLE KNOW WHAT

THAT IS? I DON'T EVEN KNOW SOME OF THIS STUFF. BUT WHAT DOES THAT DO TO

HELP THEM? WE SEE THE SUPPLY CHARGES, THE ELECTRIC USES, THE KILOWATT

HOURS OR THE THERMS USING FOR GAS. THAT'S HELPFUL FOR THEM TO COMPARE

SO THEY CAN MEASURE OUT THAT COST. AND I WOULD SAY TO THE SPONSOR AND

TO MY COLLEAGUES IN THIS BODY, WHY NOT PUT ON THE BILL WHAT THE GREEN

POLICIES ARE COSTING RATEPAYERS? I MEAN, IF THIS IS SUCH A GREAT THING IN

THE BEST INTEREST OF THE RATEPAYERS OF THE STATE, THE SENIOR CITIZENS WHO

ARE ON FIXED INCOMES, THE SMALL BUSINESSES WHO ARE CRUSHED BY

MANDATES AND ADDITIONAL COSTS, THE FAMILIES, WHY NOT TELL THEM ON THEIR

BILL, HEY, MR. SMITH, HERE'S HOW MUCH THE GREEN ENERGY POLICIES THAT

WE'RE PUTTING ARE GOING TO IMPACT YOU. OH, AND BY THE WAY, IT'S NOT

GOING TO MAKE A DIFFERENCE IN CLIMATE CHANGE BECAUSE WE'RE ONLY .4

PERCENT OF THE TOTAL GLOBAL EMISSIONS, AND CHINA IS 29 PERCENT, BUILDING

1,000 -- HAS 1,000 COAL PLANTS AND BUILDING MORE. I MEAN, JUST LAST

MONTH COMMISSIONER SEGGOS AND PRESIDENT HARRIS ANNOUNCED THE

CO-CHAIRS OF THE CLIMATE ACTION COUNCIL WHO PRESENTED THE DRAFT

SCOPING -- THE SCOPING PLAN IN DECEMBER FOR THE TWO YEARS WHEN WE

WERE CALLING FOR A TRUE COST-BENEFIT ANALYSIS, THEY DISMISSED IT. FOR

NYS ASSEMBLY MAY 9, 2023

TWO YEARS WHEN WE WERE CALLING FOR A TRUE COST-BENEFIT ANALYSIS, THE

TIMES UNION CALLS US CLIMATE DENIERS BECAUSE WE WANT TO BE

TRANSPARENT WITH THE PUBLIC. FOR TWO YEARS WE'VE BEEN CALLING TO BE

TRANSPARENT WITH THE PUBLIC. THIS IS NOT TRANSPARENT. AND THEN LAST

MONTH, WHAT DID THEY DO? THEY COME OUT WITH THEIR PLAN, THEY SAID

THE PATHWAY WE ARE ON WITH THE CLCPA IF NO CHANGES ARE MADE, GAS

PRICES FOR YOUR CONSTITUENTS, FOR YOUR SENIOR CITIZENS, ARE GOING TO

INCREASE 62 CENTS A GALLON. NATURAL GAS PRICES ARE GOING TO INCREASE

80 PERCENT IF WE DON'T MAKE SOME CHANGES. AND EVEN IF WE DID MAKE

THE CHANGES, THE GAS PRICES WOULD INCREASE 30-PLUS CENTS A GALLON AND

YOUR HOME HEATING COSTS WOULD INCREASE SIGNIFICANTLY, TOO. LET'S TALK

ABOUT THAT. IF WE WANT TO BE TRUE AND TRANSPARENT WITH CUSTOMERS -- I

DON'T HEAR MANY PEOPLE RUNNING AROUND TELLING YOUR CONSTITUENTS WHEN

WE TALK ABOUT MOVING DOWN THAT PATHWAY TO FULL ELECTRIFICATION, THAT

IT'S GOING TO COST THEM $35,000 TO CONVERT THEIR HOMES OVER, BECAUSE

THAT'S THE PATHWAY WE'RE HEADING DOWN WITH CLIMATE ACTION COUNCIL

AND THE LEGISLATURE. WE'RE TAKING AWAY ENERGY CHOICE FOR CONSUMERS,

FOR HOW THEY HEAT THEIR HOMES, HOW THEY COOK THEIR FOOD, HOW THEY

POWER THEIR BUILDINGS. AND I'M JUST -- - I'LL CONCLUDE, AGAIN, WITH

GOVERNOR HOCHUL, AND I -- I DON'T AGREE WITH GOVERNOR HOCHUL ON

MUCH. I'M JUST GOING TO READ HER VETO AGAIN. WHILE I'M IN FAVOR OF

INCREASING PUBLIC AWARENESS OF INFORMATION ON UTILITY BILLS -- AND SO

ARE WE, LET'S PUT THE GREEN COSTS IN THERE -- REQUIRING -- REQUIRING

UTILITIES TO PROVIDE THIS EXTREMELY SPECIFIC INFORMATION WOULD LEAD TO

COSTS TO RATEPAYERS THAT OUTWEIGH THE MARGINAL BENEFIT SUCH

NYS ASSEMBLY MAY 9, 2023

INFORMATION WOULD PROVIDE. ADDITIONALLY, IT WOULD RESULT IN A

SIGNIFICANT ADMINISTRATIVE BURDEN FOR THE UTILITIES, PARTICULARLY THE

SMALLER MUNICIPAL UTILITIES, AND COULD BE COMPLICATED AND THEREFORE

DILUTE THIS INFORMATIONAL VALUE ON THE BILL ITSELF. THEREFORE -- I'M JUST

READING THE VETO. SO HOPEFULLY IF THE SENATE AND ASSEMBLY PASSES THIS

BILL AGAIN, SHE WILL VETO IT. IF SHE TRULY WANTS TO BE TRANSPARENT, IF THIS

HOUSE TRULY WANTS TO BE TRANSPARENT, MAYBE WE'LL START SHOWING THE

CUSTOMER, THE CONSTITUENTS OF THIS STATE, THE PEOPLE OF THE STATE, THE

COSTS OF THESE SO-CALLED GREEN POLICIES THAT YOU'RE MOVING FORWARD

WITH, AND IT'S NOT GREEN. AND I WON'T GET INTO THAT; THAT'S A WHOLE OTHER

DISCUSSION. SO WHY DON'T WE BE TRANSPARENT WITH THE PUBLIC, TALK TO

THEM ABOUT WITH THIS IS GOING TO COST THEM ON THE RATES, WHAT THIS IS

GOING TO COST THEM ON THEIR CONVERSION COSTS.

SO AGAIN, I -- I RESPECT THE SPEAKER ON WHAT HE'S

TRYING TO DO ON THE TRANSPARENCY. I DO THINK THAT WE COULD MAKE SOME

CHANGES ON THIS TO MAKE IT BETTER, BUT I DON'T THINK THIS -- IT'S TOO OVERLY

BROAD, IT'S GOING TO END UP COSTING RATEPAYERS ADDITIONAL COSTS AND I

DON'T THINK THAT'S WHAT WE -- THEY NEED AT THIS TIME -- POINT IN TIME

BECAUSE IT'S JUST -- THE COST TO THE RATEPAYER IS JUST GETTING WORSE AND

WORSE EACH YEAR WITH THE POLICIES THAT THIS HOUSE CONTINUES TO PUT IN

PLACE, AND THIS GOVERNOR. THANK YOU. FOR THAT REASON, MR. SPEAKER, I

WILL BE VOTING NO AND I SERIOUSLY URGE MY COLLEAGUES TO DO THE SAME.

THANK YOU.

ACTING SPEAKER MCDONALD: MR. GOODELL.

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

NYS ASSEMBLY MAY 9, 2023

THE SPONSOR YIELD?

ACTING SPEAKER MCDONALD: WILL THE

SPONSOR YIELD?

MR. RIVERA: YES, SIR.

ACTING SPEAKER MCDONALD: THE SPONSOR

YIELDS.

MR. GOODELL: I SEE THE LANGUAGE OF THE BILL

REQUIRES THIS INFORMATION ON SPECIFIC LINE ITEMS WITH A COMPARISON

OVER A PRECEDING 52-WEEK PERIOD. BUT MY UTILITY BILLS COME IN ON A

MONTHLY BASIS, NOT ON A WEEKLY BASIS. HOW DO YOU ENVISION THAT A

UTILITY COMPANY WOULD SHOW A WEEKLY SPIKE, FOR EXAMPLE?

MR. RIVERA: I TRUST THAT THE UTILITY COMPANIES THAT

TRACK ALL THAT SORT OF INFORMATION ON A MINUTE-TO-MINUTE BASIS ARE GOING

TO BE ABLE TO COMPILE THAT INFORMATION PROVIDED IN A EASILY ADJUSTABLE

MANNER ON A UTILITY BILL.

MR. GOODELL: BUT DO YOU THEN ANTICIPATE THE

UTILITY COMPANIES WILL BE MEASURING USAGE ON A WEEKLY BASIS AS

OPPOSED TO A MONTHLY BASIS?

MR. RIVERA: I DON'T EXPECT THAT AND, YOU KNOW, THE

LANGUAGE, AS IT SAYS THERE, IT'S -- IT'S THE HIGHEST MEASUREMENT IN THAT

52-WEEK PERIOD. SO I'M NOT -- I'M NOT ANTICIPATING A BILL LOOKING LIKE

52 WEEKS, DAY TO DAY, HOW MUCH USAGE OF EVERY DAY. I'M EXPECTING IT

TO LOOK SIMILAR TO WHAT IT LOOKS LIKE NOW, JUST WITH MORE INFORMATION

AS TO HOW CHARGES ARE -- ARE PASSED ON.

MR. GOODELL: NOW, THE OTHER POINT I NOTED IS THAT

NYS ASSEMBLY MAY 9, 2023

MANY OF MY UTILITY BILLS GO WITH AN ESTIMATED USAGE DURING A PARTICULAR

MONTH, BASED ON THE TEMPERATURE OR WHATEVER, AND THEY ACTUALLY MAY

ONLY DO A QUARTERLY READING. WHAT -- ARE THEY GOING TO GIVE US

COMPARISONS BASED ON A PREVIOUS YEAR'S ESTIMATE, 12 MONTHS AGO, OR

ONLY FROM THE QUARTERLY READINGS IF IT'S READ QUARTERLY?

MR. RIVERA: WELL, YOU KNOW, HERE IT MENTIONS

DEMAND METERING, AND DEMAND METERING IS -- IS QUITE DIFFERENT.

DEMAND METERING LOOKS AT THE PEAK USAGE OF A -- OF A USER, AND IT --

AND IT MEASURES IT DIFFERENTLY. BUT IF YOU'RE ASKING IF I ANTICIPATED

TAKING INTO ACCOUNT FOLKS THAT MIGHT HAVE, LIKE, PREDETERMINED SORT OF

ARRANGED PAYMENTS WHERE IT'S SORT OF A FIXED AMOUNT AND THEN THE

UTILITY COMPANY COMES BACK AFTERWARDS AND ASSESSES IT, THAT -- THAT

SHOULDN'T CHANGE AT ALL. AND HOW THAT INFORMATION IS CAPTURED AND

PASSED ALONG IS JUST TO BE SEEN, AND -- AND THE COMMISSION IS GOING TO

DEEM WHATEVER INFORMATION THAT'S PROVIDED RELEVANT.

MR. GOODELL: NOW, AS YOU KNOW, COMMERCIAL

CUSTOMERS PAY A DIFFERENT RATE, NOT ONLY BY THE DAY, BUT SOMETIMES BY

THE HOUR, RIGHT? HOW IS IT THAT THE UTILITY COMPANY IS TO BREAK THAT

DOWN ON THIS BILL UNDER THIS -- ON THE UTILITY BILL BASED ON THIS STATUTORY

LANGUAGE THAT'S BEING PROPOSED?

MR. RIVERA: I -- I'D ONLY SAY THAT THE MECHANISM

THAT THE UTILITY COMPANY WILL USE CAN'T LOOK MUCH DIFFERENT FROM HOW

THEY'RE CAPTURING THE DATA CURRENTLY. IT'S NOT INFORMATION THAT THEY DON'T

ALREADY HAVE. IT'S -- IT'S UP TO THE UTILITY TO PRODUCE THAT INFORMATION IN

A FORMAT, LIKE I SAID, THAT'S -- THAT'S EASILY DIGEST -- DIGESTIBLE.

NYS ASSEMBLY MAY 9, 2023

MR. GOODELL: LAST, I KNOW THAT OFTENTIMES THE

UTILITY COMPANY WILL GO OFF OF AN ESTIMATED OR A CUSTOMER READING.

THEY ACTUALLY HAVE TO CALL A CUSTOMER AND SAY, TELL US WHAT YOUR UTILITY

-- YOUR METER SAYS. ARE THEY THEN TO REPORT BACK TO THE CUSTOMER WHAT

THE HIGHEST CUSTOMER-REPORTED UTILITY READING WAS IN THE PREVIOUS 52

WEEKS?

MR. RIVERA: NO, IT WOULD BE THE BILLED AMOUNT.

MR. GOODELL: I SEE, THANK YOU. THANK YOU FOR

YOUR COMMENTS. THANK YOU, MR. SPEAKER.

JUST A NOTE. WHEN YOU COME TO COMMERCIAL

CUSTOMERS, THE ELECTRIC RATE IS AND CAN BE EXTRAORDINARILY COMPLEX. I

WORKED WITH A COMPANY THAT ACTUALLY SHOWED A RACE -- IT WAS A RACE

TRACK COMPANY, AND SO WHEN THE QUARTZ LIGHTS WERE ON, CAN YOU

IMAGINE LIGHTING UP A ONE-MILE STRIP WITH QUARTZ LIGHTS BRIGHT ENOUGH

TO BE PICKED UP BY A CAMERA A HALF-MILE AWAY? THAT UTILITY BILL WAS

ASTOUNDING FOR TWO MINUTES. I MEAN, THE USAGE FOR TWO MINUTES WOULD

JUST MAKE YOUR HEAD SPIN, AND THEN ALL THE LIGHTS WENT OUT. AND THAT --

THAT COMPANY PAID A DEMAND CHARGE FOR THE INFRASTRUCTURE, IT PAID A

CONSUMPTION CHARGE THAT WAS BASED ON THE DATE, THE TIME, THE AMOUNT.

I MEAN, IT WAS A COMPLEX BILL. AND SO ON ITS SURFACE, AS MY COLLEAGUE

MENTIONED, IT SEEMS PRETTY STRAIGHTFORWARD. TELL US WHAT THE RATE WAS,

HOW MUCH WE USED A YEAR AGO AND WHAT IT IS NOW, ALTHOUGH THAT'S NOT

ACTUALLY WHAT IT SAYS. IT SAYS TELL US THE HIGHEST UTILIZATION IN THE LAST

52 WEEKS COMPARED TO THIS MONTHLY BILL. WELL, FIRST OF ALL, UTILITY

COMPANIES DON'T MEASURE IT ON A WEEKLY BASIS. SOMETIMES THEY DON'T

NYS ASSEMBLY MAY 9, 2023

MEASURE IT ON A MONTHLY BASIS. OFTEN, THEY ONLY MEASURE IT ON A

QUARTERLY BASIS. SO WE HAVE A STATUTORY REQUIREMENT REQUIRING UTILITY

COMPANIES TO REPORT THE HIGHEST USAGE ON A WEEKLY BASIS WHEN THEY

DON'T EVEN MEASURE IT. AND WHAT'S THE CUSTOMER TO DO? I MEAN, THE

CUSTOMER GETS THIS INFORMATION. OKAY, SO 42 WEEKS AGO I HAD A SPIKE.

OKAY. IT DIDN'T CHANGE MY BILL TODAY, IT DOESN'T CHANGE MY BILL FROM

42 WEEKS AGO.

SO, YOU KNOW, I APPRECIATE THE SPONSOR'S DESIRE TO

HAVE MORE INFORMATION, BUT AS WRITTEN THIS IS NOT PRACTICAL BECAUSE IT

REQUIRES DISCLOSURE OF INFORMATION THAT UTILITY COMPANIES DON'T HAVE,

AND WE DON'T WANT THEM READING OUR METER WEEKLY. FOR THAT REASON,

GOOD CONCEPT, NOT PRACTICAL IN OPERATION, SO I HAVE CONCERNS. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH

DAY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. GOOD INTENT,

CONCERNS ABOUT IMPLEMENTATION. THE REPUBLICAN CONFERENCE IS

GENERALLY OPPOSED, BUT CERTAINLY, THERE WILL BE MEMBERS OF MY

CONFERENCE THAT WANT TO SUPPORT THIS BECAUSE OF THE GOOD INTENTIONS

THAT ARE BEHIND THIS BILL. THANK YOU, SIR.

NYS ASSEMBLY MAY 9, 2023

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

CONSUMER-FRIENDLY PIECE OF LEGISLATION; HOWEVER, THERE MAY BE OTHERS

-- SOME OF US WHO WOULD LIKE TO BE AN EXCEPTION. THEY SHOULD FEEL

FREE TO DO SO. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU, MA'AM.

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.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: MR. SPEAKER, IF WE COULD

-- AND COLLEAGUES, IF WE COULD NOW GO TO CALENDAR NO. 123 ON PAGE 14

BY MR. BRONSON.

ACTING SPEAKER AUBRY: CERTAINLY. PAGE 14,

CALENDAR NO. 123, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A00358, CALENDAR NO.

123, BRONSON, SEAWRIGHT, OTIS. AN ACT TO AMEND THE EXECUTIVE LAW,

IN RELATION TO REQUIRING THE COLLECTION OF CERTAIN DEMOGRAPHIC

INFORMATION BY CERTAIN STATE AGENCIES, BOARDS AND COMMISSIONS.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. BRONSON.

NYS ASSEMBLY MAY 9, 2023

MR. BRONSON: YES, MR. SPEAKER. THIS BILL WOULD

REQUIRE THE COLLECTION OF CERTAIN DEMOGRAPHIC INFORMATION BY STATE

AGENCIES, BOARDS AND COMMISSIONS. IN PARTICULAR, IT WOULD REQUIRE THE

COLLECTION OF DATA RELATED TO INDIVIDUALS ON THE BASIS OF SEXUAL

ORIENTATION AS WELL AS GENDER EXPRESSION AND IDENTITY, AND IT ALSO HAS

AN ANNUAL REPORTING REQUIREMENT OF THAT DATA THAT'S COLLECTED.

ACTING SPEAKER AUBRY: MR. -- EXCUSE ME.

MR. GOODELL.

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

YIELD?

ACTING SPEAKER AUBRY: MR. BRONSON, WILL

YOU YIELD?

MR. BRONSON: YES I WILL, MR. SPEAKER.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.

MR. GOODELL: SO, THIS LANGUAGE REQUIRES THAT

EVERY STATE AGENCY, BOARD OR COMMISSION THAT COLLECTS ANY

DEMOGRAPHIC INFORMATION INVOLVING ANCESTRY OR ETHNIC USE A SELECTION

-- USE SEPARATE COLLECTION CATEGORIES FOR SEXUAL ORIENTATION AND GENDER

IDENTITY, CORRECT?

MR. BRONSON: YES. SO IT MERELY ADDS TO THE

OTHER DEMOGRAPHIC INFORMATION THAT THESE AGENCIES ARE SEEKING,

AGENCIES AND COMMISSIONS ARE SEEKING, THAT THEY ADD THE

DEMOGRAPHICS REGARDING GENDER IDENTITY AND EXPRESSION, AS WELL AS

SEXUAL ORIENTATION.

MR. GOODELL: NOW, AS YOU KNOW, OVER TIME

NYS ASSEMBLY MAY 9, 2023

THERE'S BEEN A LOT OF DEVELOPMENT AND NUANCES IN GENDER IDENTITY AND

EXPRESSION. AND SO WE NOW HAVE LESBIAN, GAY, BISEXUAL, TRANSSEXUAL,

QUEER, QUESTIONING, PANSEXUAL, INNERSEXUAL, ANDROGYNUS, A-SEXUAL,

NONBINARY, AND THERE MAY BE OTHERS.

MR. BRONSON: COULD YOU GIVE THAT TO ME IN AN

ACRONYM, PLEASE?

(LAUGHTER)

MR. GOODELL: WELL, I -- I LOST TRACK.

MR. BRONSON: OKAY. I HAVE, TOO, AND I'M A

MEMBER OF THE COMMUNITY.

MR. GOODELL: AND DO YOU -- BUT YOU ENVISION,

THEN, THAT THIS WOULD BE LIKE A FILL-IN-THE-BLANK, WHAT -- I MEAN, ARE YOU

CIS OR ARE YOU A-SEXUAL OR -- I MEAN, HOW WOULD YOU ENVISION IT? OR

WOULD IT BE A CHECKLIST?

MR. BRONSON: SO, I WOULD ENVISION IT DONE

EXACTLY THE WAY OTHER DEMOGRAPHIC INFORMATION IS COLLECTED. AND BY

THE WAY, IN 2014 THERE WAS A TASK FORCE THAT WAS CREATED IN COOPERATION

BETWEEN THE THEN-GOVERNOR AND SOME LGBTQ+ ORGANIZATIONS, AND A

NUMBER OF AGENCIES ARE ALREADY DOING THIS. QUITE -- ACTUALLY, QUITE A

FEW OF THEM ARE ALREADY DOING IT; DOCS IS DOING IT, DOH, THE OFFICE

FOR AGING, OMH, OASAS, OTDA, OFFICE FOR [SIC] CHILDREN AND

FAMILY SERVICES AND OPWDD. THIS WOULD DO A COUPLE OF THINGS.

NUMBER ONE, UNDER THAT TASK FORCE RECOMMENDATION AND THEN THE

AGREEMENT WITH THE GOVERNOR, THE INFORMATION WAS SUPPOSED TO BE

COLLECTED AND THEN MADE IN A REPORT. WE'VE NOT GOTTEN THE REPORTS.

NYS ASSEMBLY MAY 9, 2023

THIS BILL WOULD REQUIRE THOSE REPORTS. SECOND TO THAT IS THERE ARE

ADDITIONAL AGENCIES THAT SHOULD BE COLLECTING THIS INFORMATION. AND, IN

FACT, THE TASK FORCE MET AGAIN IN 2019, THEY WERE SUPPOSED TO EXPAND

THE NUMBER OF AGENCIES. THAT NEVER HAPPENED. SO, AGENCIES THAT I --

ONE THAT COMES TO MIND WOULD BE THE DEPARTMENT OF LABOR. IT WOULD

BE VERY IMPORTANT TO KNOW WHAT'S HAPPENING WITHIN OUR COMMUNITY

REGARDING THE TYPE OF SERVICES, THE WORKFORCE DEVELOPMENT PROGRAMS

AND THINGS OF THAT NATURE THAT THE DEPARTMENT OF LABOR ARE PROVIDING.

SO THAT'S WHY THIS -- THIS STATUTE IS NECESSARY.

MR. GOODELL: I NOTE THAT THE -- THAT GOVERNOR

CUOMO VETOED THIS IN 2019.

MR. BRONSON: HE DID, BECAUSE HE USED AS THE

EXCUSE THAT HE HAD A TASK FORCE, AND -- AND INDEED, HE DID, AND INDEED,

THAT TASK FORCE HAD TAKEN STEPS FORWARD BUT IT HAS NOT COM -- COMPLETED

ITS WORK AND, THEREFORE, A STATUTORY REQUIREMENT IS NECESSARY.

MR. GOODELL: AND THEN I NOTE THAT GOVERNOR

HOCHUL ALSO VETOED IT LAST YEAR.

MR. BRONSON: WELL, THAT VETO MESSAGE WAS A

LITTLE BIT ABSURD BECAUSE IT TALKED ABOUT TASK FORCE -- TASK FORCES AND

COMMISSIONS AND THEM COSTING MONEY. THIS BILL NEITHER CREATES A TASK

FORCE, NOR DOES IT COMMIT -- CREATE A COMMISSION. SO WHY IT WAS

LUMPED IN WITH ALL THOSE OTHER BILLS -- 39 OF THEM, I BELIEVE, THAT WERE

VETOED -- IS BEYOND EXPLANATION.

MR. GOODELL: HAS THE BILL CHANGED ANY SINCE IT

WAS VETOED BY BOTH GOVERNOR CUOMO AND GOVERNOR HOCHUL?

NYS ASSEMBLY MAY 9, 2023

MR. BRONSON: IT -- IT'S CHANGED SLIGHTLY, BUT FOR

THE MOST PART IT'S THE SAME.

MR. GOODELL: I SEE.

MR. BRONSON: SINCE THE VETO IN 2019 IT'S

CHANGED, BUT NOT SINCE 2022.

MR. GOODELL: NOW, IS AN INDIVIDUAL OBLIGATED TO

DISCLOSE THEIR SEXUAL ORIENTATION ON ANY STATE FORM?

MR. BRONSON: JUST LIKE ALL OTHER DEMOGRAPHIC

INFORMATION THAT'S COLLECTED BY THE STATE AND STATE AGENCIES, THIS WOULD

BE DONE ON A VOLUNTARY BASIS.

MR. GOODELL: AND IS THERE ANYTHING IN THE

LANGUAGE THAT SAYS THAT IT MUST BE VOLUNTARY?

MR. BRONSON: NO, NOR IS THERE ANYTHING IN THE

LANGUAGE OF THE OTHER DEMOGRAPHIC REQUIREMENTS THAT SAY IT HAS TO BE

VOLUNTARY.

MR. GOODELL: AND IS THERE ANY OBLIGATION IN THE

STATUTORY LANGUAGE THAT THE APPLICATION INDICATE THAT THIS AND OTHER

DEMOGRAPHIC INFORMATION IS VOLUNTARY?

MR. BRONSON: I'M SORRY, ASK THAT QUESTION AGAIN?

MR. GOODELL: CERTAINLY. IS THERE ANY STATUTORY

LANGUAGE THAT'S BEING PROPOSED THAT WOULD REQUIRE THE FORMS THAT ASK

THIS INFORMATION TO ADVISE A PERSON WHO IS FILLING IT OUT THAT THAT

DEMOGRAPHIC INFORMATION IS VOLUNTARY?

MR. BRONSON: THAT'S NOT EXPRESSLY STATED IN THIS

-- IN THE PROPOSED LEGISLATION.

NYS ASSEMBLY MAY 9, 2023

MR. GOODELL: WHY IS THIS REQUESTED INFORMATION

LIMITED TO THOSE APPLICATIONS THAT ALSO REQUEST ANCESTRY OR ETHNIC

ORIGIN?

MR. BRONSON: THAT WAS THE MECHANISM IN THE

STATUTE TO CREATE THESE ADDITIONAL CATEGORIES.

MR. GOODELL: THANK YOU VERY MUCH. I

APPRECIATE YOUR CLARIFICATION.

MR. BRONSON: THANK YOU.

MR. GOODELL: ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: THANK YOU, SIR. TO BE HONEST WITH

YOU, I DON'T THINK A PERSON'S SEXUAL ORIENTATION IS RELEVANT TO ANYTHING.

I MEAN, I DON'T THINK WHETHER YOU'RE APPLYING FOR A JOB OR A PERMIT OR

PUBLIC BENEFITS FROM THE STATE OF NEW YORK, YOUR SEXUAL ORIENTATION

SHOULD NOT MAKE ANY DIFFERENCE IN HOW YOUR APPLICATION IS TREATED,

PROCESSED, APPROVED, DENIED OR ANYTHING ELSE. I THINK IT'S ABSOLUTELY

NONE OF THE BUSINESS OF THE STATE OF NEW YORK WHETHER YOU'RE STRAIGHT,

GAY, HOMOSEXUAL, HETEROSEXUAL, A-SEXUAL OR ANYTHING ELSE. WHO YOU

LIKE OR DON'T LIKE OR WHETHER YOU LIKE EVERYONE OR NO ONE SHOULD MAKE

ABSOLUTELY NO DIFFERENCE IN ANY FORMAL TRANSACTION WITH THE STATE OF

NEW YORK. WE SHOULD TREAT EVERY INDIVIDUAL AS A CHILD OF GOD WITH

ALL THE SAME RIGHTS, PRIVILEGES AND RESPONSIBILITIES.

SO I AM DEEPLY TROUBLED WHEN WE PUT ON APPLICATIONS,

WHAT IS YOUR SEXUAL ORIENTATION? LIKE IT MEANS SOMETHING, LIKE IT'S

NYS ASSEMBLY MAY 9, 2023

RELEVANT. AND THERE ARE PEOPLE WHO DO NOT WANT TO TELL YOU, WHO THINK

IT'S NONE OF YOUR BUSINESS. YET WE DON'T PUT ON THE APPLICATION BY LAW

THAT THAT INFORMATION IS VOLUNTARILY. SO YOU'RE SUBMITTING AN

APPLICATION FOR WELFARE BENEFITS AND THEY ASK YOU THAT AND YOU DON'T

KNOW IT'S VOLUNTARY? WHY ARE WE ASKING FOR VERY SENSITIVE

INFORMATION - SENSITIVE FOR SOME PEOPLE - THAT SHOULD BE LEGALLY

IRRELEVANT? NOW, THERE MAY BE SOME OF YOU, MYSELF INCLUDED, WHO

WILL FREELY TELL YOU WHO THEY LOVE AND WHO THEY DON'T LOVE, WHO THEY'RE

ATTRACTED TO OR NOT. IF THERE ARE OTHERS, I DON'T THINK IT'S OUR BUSINESS

AND I WOULD AGREE WITH THEM. WE SHOULD TREAT EVERYONE WITH DIGNITY

AND RESPECT, AND WE SHOULD NOT PRY INTO THEIR PERSONAL PREFERENCES AS IT

RELATES TO WHO THEY ARE SEXUALLY ATTRACTED TO OR WHAT GENDER IDENTITY OR

EXPRESSION THEY MIGHT HAVE BECAUSE THAT INQUIRY SHOULD BE IRRELEVANT

TO ANY STATE AGENCY.

FOR THAT REASON, I RECOMMEND AGAINST THIS BILL. THANK

YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: THANK YOU, MR.

SPEAKER. AS HAS BEEN MENTIONED, WE HAVE SEEN THIS BILL BEFORE. AND

A PART OF THE REASON WHY WE SAW IT IN THE VERY BEGINNING IS BECAUSE IN

SPITE OF THE FACT THAT EVERYBODY SHOULD BE TREATED AS IF THEY'RE A CHILD

OF GOD, WITHOUT ANY RESPECT TO THEIR SEXUAL ORIENTATION, THEIR COLOR OR

THEIR GENDER, THE FACT IS THIS IS AMERICA, THIS IS NEW YORK STATE, AND

THERE ARE PEOPLE WHO WORK WITHIN OUR SYSTEMS THAT ARE BIAS [SIC].

NYS ASSEMBLY MAY 9, 2023

THEY MIGHT NOT WANT TO ADMIT THAT THEY'RE BIAS [SIC], BUT THEY ARE. AND

BECAUSE THERE ARE -- VERY OFTEN THESE EXACT SAME PEOPLE WHO SHOULD BE

TREATED AS IF THEY'RE A CHILD OF GOD DO NOT GET THE SAME OPPORTUNITIES.

THERE IS NO WAY FOR US TO TELL THAT IF WE DON'T BEGIN TO KEEP THE DATA.

AND SO WE HAVE TO KEEP THE DATA, DATA IS IMPORTANT.

AND SO I COMMEND THE SPONSOR OF THIS LEGISLATION. I

COMMENDED HIM WHEN HE FIRST PUT IT OUT, AND IN SPITE OF TWO

GOVERNORS THAT HAD VETOED IT, I DISAGREE WITH THEM AND I AGREE WITH

HIM. THIS IS THE RIGHT THING TO BE DOING. WE NEED TO COLLECT DATA THAT'S

IMPORTANT TO -- IMPARTING TO US WHAT OUR NEXT STEP SHOULD BE AS WE

RELATE TO PEOPLE. RIGHT NOW WE JUST WANT TO BE IN A STATE OF DENIAL.

BUT THE REAL, HARD FACTS, WE CAN'T BE IN A STATE OF DENIAL ANY LONGER.

THIS IS A GOOD BILL, WE SHOULD ALL BE SUPPORTING IT.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 120TH

DAY.

ACTING SPEAKER AUBRY: A PARTY VOTE HAS

BEEN REQUESTED.

MR. GOODELL.

MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN

PARTY IS GENERALLY OPPOSED, THE CONFERENCE, ANYWAY. THOSE WHO

SUPPORT IT ARE CERTAINLY ENCOURAGED TO VOTE IN FAVOR HERE ON THE FLOOR.

THANK YOU, SIR.

ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES.

NYS ASSEMBLY MAY 9, 2023

MRS. PEOPLES-STOKES: MR. SPEAKER, THE

MAJORITY CONFERENCE IS GENERALLY GOING TO BE IN FAVOR OF THIS PIECE OF

PROGRESSIVE LEGISLATION; HOWEVER, THERE MAY SOME OF US WHO WOULD

DENY -- WOULD LIKE TO BE AN EXCEPTION. THEY SHOULD FEEL FREE TO VOTE AT

THEIR DESKS.

ACTING SPEAKER AUBRY: THANK YOU.

THE CLERK WILL RECORD THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. BRONSON TO EXPLAIN HIS VOTE.

MR. BRONSON: YES, MR. SPEAKER. I'D LIKE TO TAKE

THIS MOMENT TO EXPLAIN HOW IMPORTANT THIS BILL IS. YOU KNOW, SOME OF

YOU HAVE HEARD THAT I GOVERN BY A MANTRA AND ACTUALLY LIVE BY A

MANTRA, AND THAT IS NO MATTER WHO YOU ARE, WHAT YOU LOOK LIKE, WHERE

YOU COME FROM, WHAT YOUR ABILITIES, WHO YOU LOVE OR HOW YOU IDENTIFY,

WE ALL HAVE DIGNITY. AND WITH THAT DIGNITY WE DESERVE JUSTICE, RESPECT,

AND AN OPPORTUNITY TO SUCCEED. THIS BILL IS ABOUT MAKING DECISIONS FOR

OPPORTUNITIES. WE COLLECT DEMOGRAPHIC INFORMATION ON ALL KINDS OF

ISSUES; WHETHER OR NOT SOMEONE IDENTIFIES AS BEING A PERSON OF COLOR,

ARE THEY A MEMBER OF THE LATINX COMMUNITY. AND THAT DATA IS

TRANSFERRED INTO FUNDING AND POLICY DECISIONS WE MAKE AS THE STATE. IF

YOU'RE NOT COUNTED, YOU'RE INVISIBLE. IN MY COMMUNITY, THE LGBTQ+

COMMUNITY, VISIBILITY IS VERY IMPORTANT. AND SO WE'RE ASKING TO BE

COUNTED SO WHEN THE STATE MAKES A DECISION IN ITS BUDGET OR MAKES A

POLICY DECISION, IT KNOWS WHICH CITIZENS THEY'RE TALKING ABOUT AND

MAKING THESE DECISIONS ABOUT. IT'S IMPORTANT THAT EVERY COMMUNITY IS

NYS ASSEMBLY MAY 9, 2023

COUNTED. THIS BILL IS ABOUT BEING COUNTED, IT'S ABOUT BEING VISIBLE, AND

IT'S ABOUT MAKING SURE THAT THAT DATA GETS RECORDED SO WE CAN MAKE THE

MOST APPROPRIATE DECISIONS ABOUT PROGRAMS FOR THE LGBTQ+

COMMUNITY.

THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. BRONSON IN THE

AFFIRMATIVE.

MR. ANGELINO TO EXPLAIN HIS VOTE.

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

EXPLAIN MY VOTE. IF WE'RE GOING TO DIG DOWN THIS DEEP INTO THESE

PEOPLE'S PERSONAL PREFERENCES, PERHAPS WE SHOULD HAVE GONE A STEP

FURTHER AND INCLUDED THE POLITICAL PARTY THAT SOMEBODY MIGHT BELONG

TO. BECAUSE OF THE INITIAL AFTER MY NAME, IN MANY OF THE PROCEEDINGS

HERE I'VE EXPERIENCED BIAS, AS HAVE ALL OF MY COLLEAGUES.

I'LL BE VOTING NO ON THIS AND I ENCOURAGE MY

COLLEAGUES TO DO THE SAME. THANK YOU, MR. SPEAKER.

ACTING SPEAKER AUBRY: MR. ANGELINO IN THE

NEGATIVE.

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

PAGE 19, CALENDAR NO. 168, THE CLERK WILL READ.

THE CLERK: ASSEMBLY NO. A04386, CALENDAR NO.

168, ZEBROWSKI, SIMON, L. ROSENTHAL, SANTABARBARA, EACHUS. AN ACT

TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO DIRECTING THE NEW

NYS ASSEMBLY MAY 9, 2023

YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO PREPARE A

REPORT REGARDING THE REPLACEMENT OF DECOMMISSIONED OR DORMANT

ELECTRIC-GENERATING SITES WITH RENEWABLE ENERGY DEVELOPMENT AND

ENERGY STORAGE OPPORTUNITIES.

ACTING SPEAKER AUBRY: AN EXPLANATION IS

REQUESTED, MR. ZEBROWSKI.

MR. ZEBROWSKI: THANKS, MR. SPEAKER. THIS BILL

WOULD REQUIRE THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT

AUTHORITY, NYSERDA, TO PREPARE A REPORT IDENTIFYING

DECOMMISSIONED OR DORMANT ELECTRIC-GENERATING FACILITIES THAT ARE

SUITABLE FOR RENEWABLE ENERGY DEVELOPMENT AND ENERGY STORAGE

OPPORTUNITIES.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. PALMESANO.

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

SPONSOR YIELD FOR SOME QUESTIONS?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: YES, I'LL YIELD.

ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,

SIR.

MR. PALMESANO: SORRY EVERYBODY, I'M BACK.

MR. ZEBROWSKI, I KNOW WHEN WE -- WE TALKED ABOUT THIS BILL IN THE

PAST, AND SO -- WE HAD A LOT OF YES VOTES ON OUR SIDE, I WOULD EXPECT

SOME. I UNDERSTAND THE INTENT OF IT, BUT I DO HAVE SOME QUESTIONS FOR

NYS ASSEMBLY MAY 9, 2023

YOU. FIRST OF ALL, THE GOVERNOR VETOED THIS BILL LAST YEAR, RIGHT?

MR. ZEBROWSKI: YES.

MR. PALMESANO: AND SHE CITED -- IT WAS WITH A

WHOLE LIST OF VETOES SAYING THE REASON WE'RE VETOING THE BILL IS BECAUSE

IT SHOULD BE INCLUDED IN THE BUDGET, CORRECT?

MR. ZEBROWSKI: YES.

MR. PALMESANO: AND SO, WAS THERE ANY MONEY

INCLUDED IN THE BUDGET, HOW MUCH, AND WHERE -- WHERE IS IT?

(PAUSE)

MR. ZEBROWSKI: THERE WAS SOME DISCUSSION OF

PUTTING ASIDE SOME MONEY FOR THE STUDY BILLS WE PASSED. I DON'T KNOW

IF IT WAS INCLUDED IN THE FINAL BUDGET. WE THINK GIVEN SOME OF THE

ACTIONS OF THE LEGISLATURE, SOME OF THE ISSUES THAT, QUITE FRANKLY,

DECADES IN THE MAKING, NOT JUST NEW, RELATING TO DECOMMISSIONED

ELECTRIC-GENERATING FACILITIES, ONE IN MY OWN DISTRICT, THAT THIS IS

NECESSARY AND WILL ACTUALLY SAVE MONEY. SO I DON'T THINK ALL THOSE BILLS

SHOULD HAVE BEEN PUT INTO ONE BUCKET BY THE GOVERNOR.

MR. PALMESANO: OKAY. SO YOU'RE NOT SURE IF

THERE'S MONEY IN THE BUDGET TO DO THIS OR...

MR. ZEBROWSKI: THERE'S DEFINITELY NOT A LINE IN

THE BUDGET YOU'LL FIND RELATED TO THIS.

MR. PALMESANO: ALL RIGHT. SO -- SO WE BASICALLY

RISK, IF WE PASS THIS, HAVE THE SAME EXPLANATION AND DOING THIS ALL OVER

AGAIN NEXT YEAR, POSSIBLY? IT'S POSSIBLE.

MR. ZEBROWSKI: WELL, I INTEND ON BEING VERY

NYS ASSEMBLY MAY 9, 2023

CONVINCING TO THE GOVERNOR THIS TIME AROUND.

MR. PALMESANO: I'M SURE YOU WILL, I'M SURE YOU

WILL. THE QUESTION ON -- WITH NYSERDA, DOESN'T NYSERDA ALREADY

HAVE STATUTORY AUTHORITY UNDER THEIR MISSION TO DO RESEARCH AND

ANALYSIS AND DIDN'T -- DON'T WE ALL -- ALREADY HAVE, ACTUALLY, THE BUILD-

READY PROGRAM THAT TALKS ABOUT HOW TO LOOK AT DIFFERENT SITES FOR

DEVELOPMENT, INCLUDING ABANDONED COMMERCIAL SITES OR DORMANT

ELECTRIC-GENERATING SITES? SO IT'S ALREADY IN THEIR MISSION THAT THEY CAN

DO THIS ALREADY. WHY DO WE NEED THIS LEGISLATION TO DO -- TO -- TO MOVE

FORWARD WITH THIS IF THEY CAN DO IT ALREADY AND RISK -- AND LET IT WORK

OUT OF THEIR OPERATING BUDGET, BECAUSE WE KNOW THEY'RE OFF THE BOOKS.

THEY'RE NOT BEING FUNDED THROUGH THE LEGISLATURE, SO WHY NOT LET THEM

WORK OUT OF THEIR BUDGET AND DEAL WITH THIS IF THIS IS WHAT, YOU KNOW,

THE GOAL OF THE MAJORITY IS TO DO?

MR. ZEBROWSKI: YEAH, BECAUSE THEY HAVEN'T. I

FIRST GOT INTO THIS ISSUE WHEN A -- TWO POWER PLANTS IN MY DISTRICT -- IN

ROCKLAND, I SHOULD SAY, ONE IS IN AN ADJOINING DISTRICT. ONE WAS

LEVELED COMPLETELY AND -- AND THERE'S NOTHING GOING ON THERE, AND ONE

WAS SIGNIFICANTLY REDUCED TO A PEAKER PLANT.

MR. PALMESANO: RIGHT.

MR. ZEBROWSKI: AND IN AN ATTEMPT -- AND THAT'S

HAD SIGNIFICANT FINANCIAL RAMIFICATIONS ON THE COMMUNITY, FOLKS IN THE

AREA, AND IN ATTEMPTING TO MITIGATE THOSE RAMIFICATIONS WE DRAFTED THIS

BILL. TO ME, IT'S FAIRLY OBVIOUS. I WOULD, YOU KNOW, HAVE HOPED

NYSERDA WOULD HAVE DONE IT FOR A VARIETY OF REASONS; ONE, THE

NYS ASSEMBLY MAY 9, 2023

BENEFICIAL ECONOMIC ASPECTS TO THE COMMUNITY, WHICH --

MR. PALMESANO: SURE.

MR. ZEBROWSKI: -- IN ALL HONESTY, WAS ONE OF THE

MAIN REASONS I FIRST DRAFTED THE BILL. BUT IN ADDITION, AS WE ATTEMPT TO

BRING INCREASED GENERATION, INCREASED TRANSMISSION AS WE DEAL WITH THE

CHANGING ENERGY CLIMATE, I WOULD THINK THESE SITES ARE -- COULD BE

REALLY ADVANTAGEOUS TO THAT EFFORT, RIGHT?

MR. PALMESANO: SURE.

MR. ZEBROWSKI: THEY'RE ALREADY HOOKED INTO OUR

TRANSMISSION LINES. SO WHILE THEY MAY BE ABLE TO DO THIS, THEY HAVEN'T,

SO THAT'S WHAT WE DO SOMETIMES IN THE LEGISLATURE, STATE AGENCIES. WE

SAY PLEASE GO DO THIS.

MR. PALMESANO: OKAY. I -- I CAN UNDERSTAND

THAT AND RESPECT THAT. I DO HAVE A QUESTION, YOU KNOW, BECAUSE A LOT OF

TIMES WE SEE NATURAL GAS POWER PLANTS NOT BEING RENEWED THEIR

PERMITS, WE SEE NATURAL GAS POWER PLANTS GET DENIED PERMITS AND THEN,

OBVIOUSLY, YOU KNOW, THIS IS ABOUT DORMANT PLANTS. BUT DO YOU HAVE

ANY CONCERN ON YOUR SIDE OF THE AISLE, HAVE ANY CONCERN ABOUT THE

REPLACEMENT OF RELIABLE GENERATION LIKE NATURAL GAS WITH INTERMITTENT,

UNRELIABLE GENERATION LIKE WIND AND SOLAR? I MEAN, I KNOW THAT'S -- WE

WERE TRYING TO DO, MOVING -- ISN'T THERE ANY CONCERN ON THAT SIDE OF THE

AISLE RELATIVE TO WHEN WE TAKE THESE PLANTS OFFLINE THAT ARE RELIABLE

BASELOAD GENERATION AND REPLACE THEM WITH INTERMITTENT LIKE WIND AND

SOLAR? ISN'T THERE ANY CONCERN ABOUT THE RELIABILITY OF THE GRID TO MEET

THE MANDATES THAT WERE OUT THERE?

NYS ASSEMBLY MAY 9, 2023

MR. ZEBROWSKI: THE -- THE QUESTION REALLY ISN'T

GERMANE TO THIS BILL.

MR. PALMESANO: OKAY.

MR. ZEBROWSKI: YOU'RE CERTAINLY, YOU KNOW, FREE

TO TALK ON THE BILL WITH IT --

MR. PALMESANO: OKAY, I WILL.

MR. ZEBROWSKI: --BECAUSE I WOULD SAY WITH --

WITH THIS BILL, IT REALLY DOESN'T ENCOURAGE OR DECOMMISSION ANYBODY. IT

BASICALLY SAYS FOR THOSE THAT ARE DECOMMISSIONED, WE SHOULD BE

LOOKING AT THOSE FIRST TO SEE IF THEY ARE READY TO BE SET UP WITH THIS TYPE

OF RENEWABLE ENERGY THAT COULD BENEFIT THE COMMUNITIES, BENEFIT THE

OVERALL GRID, REALLY BE PERFECTLY SITUATED TO TAKE ON RENEWABLE ENERGY

PRODUCTS.

MR. PALMESANO: AND I -- AND I AGREE WITH YOU

ON THAT, MR. ZEBROWSKI. THERE'S SOME QUESTIONS, I JUST -- JUST IN TOPIC

IN GENERAL SO I KIND OF GO A LITTLE BIT. JUST I MEAN, A PART OF THIS IS TO

LOOK FOR ENERGY STORAGE, AS WELL, RIGHT? YOU KNOW, TO DEVELOP ENERGY

STORAGE, RIGHT?

MR. ZEBROWSKI: YES.

MR. PALMESANO: DO WE KNOW RIGHT NOW WHAT

PERCENTAGE -- WHAT -- HOW MUCH ENERGY STORAGE WE CURRENTLY HAVE IN

NEW YORK STATE, LIKE, AS FAR AS CAPACITY AND NUMBER OF GIGAWATTS? DO

WE HAVE ANY IDEA ON THAT RIGHT NOW?

MR. ZEBROWSKI: I DON'T HAVE THAT INFORMATION

OFFHAND.

NYS ASSEMBLY MAY 9, 2023

MR. PALMESANO: THAT'S -- THAT'S FINE. BUT

OBVIOUSLY, THIS BILL IS TO HOPE TO HELP MEET THAT GOAL THAT NEEDS TO BE

ADDRESSED, RIGHT?

MR. ZEBROWSKI: YEAH. CERTAINLY, IF THESE SITES

COULD BE ADVANTAGEOUS TO THAT AS WELL, THEN IT SHOULD BE.

MR. PALMESANO: THANK YOU. THANK YOU, MR.

ZEBROWSKI.

MR. SPEAKER, ON THE BILL.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

PALMESANO.

MR. PALMESANO: LISTEN, TO MY COLLEAGUES ON

BOTH SIDES, THIS ISN'T A BAD BILL. I -- I'M GOING TO BE VOTING NO, BUT I'M

-- I EXPECT A NUMBER OF MY COLLEAGUES MAY BE SUPPORTING THIS

LEGISLATION. MY CONCERN ABOUT THIS IS FOR A NUMBER OF REASONS.

NUMBER ONE, THE GOVERNOR VETOED THE BILL LAST YEAR BECAUSE SHE SAID

THERE WAS NO MONEY IN IT. THAT HAPPENS OVER AND OVER AGAIN, SO

THERE'S -- AND SHE SAID IT NEEDS TO BE PUT IN THE BUDGET. WE PASSED THE

BUDGET, THERE'S NO MONEY IN THE BUDGET TO DO IT, SO IT'S GOING TO BE KIND

OF A -- A VICIOUS CIRCLE, I THINK, FROM THAT PERSPECTIVE. THE GOAL AND

THE INTENT I THINK IS -- IS LAUDABLE. NYSERDA ALREADY HAS THE MISSION

TO DO IT. NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT

AUTHORITY, THEY HAVE THE AUTHORITY IN THEIR MISSION STATEMENT, THEY

HAVE THE FUNDS TO DO IT. WE DON'T NEED TO HAVE STATE FUNDS IN THE

BUDGET TO DO IT, LET THE NYSERDA DO IT. I MEAN, THEY SHOULD BE ABLE

TO COMPEL. WE CAN PUT SOME PRESSURE ON THEM, JUST LIKE I KNOW YOU'RE

NYS ASSEMBLY MAY 9, 2023

GOING TO PUT PRESSURE ON THE GOVERNOR TO SIGN IT. PUT SOME PRESSURE ON

NYSERDA MAYBE AND LET'S DO IT IN THEIR BUDGET. BECAUSE IT MAKES

SENSE, YOU KNOW, WHEN YOU HAVE DECOMMISSIONED PLANTS THAT YOU

WANT TO IDENTIFY THEM AND CLEAN THEM UP AND GET THEM BACK ON THE TAX

ROLL, AND IT DOES MAKE SENSE FROM A PERSPECTIVE OF CONNECTING TO THE

GRID. BUT I DO HAVE A BIGGER ARGUMENT WITH THIS, I THINK, FROM MY

PERSPECTIVE, IS THIS PUSH TO GET RELIABLE GENERATION OFF THE SYSTEM. I

MEAN, WHEN I SEE NATURAL GAS POWER PLANTS THAT AREN'T HAVING THEIR

PERMITS RENEWED, WHEN I SEE NATURAL GAS POWER PLANTS APPLYING FOR A

PERMIT AND BEING DENIED BECAUSE, QUOTE, UNQUOTE, IT DOESN'T MEET OUR

CLIMATE GOALS. THIS IS VERY CONCERNING TO ME BECAUSE, AGAIN, JUST LAST

MONTH, COMMISSIONER SEGGOS AND PRESIDENT HARRIS, THE CLIMATE

ACTION COUNCIL CO-CHAIRS, ARCHITECTS OF THE DRAFT SCOPING PLAN, SAID IF

WE TAKE NO ACTION, IT'S GOING TO INCREASE COSTS AT THE PUMP FOR ALL OF US,

FOR OUR CONSUMERS, FOR OUR SENIOR CITIZENS, OUR CONSTITUENTS, OUR

FAMILIES, 62 CENTS A GALLON OF GAS. DO THEY REALLY NEED THAT NOW? THAT

CONCERNS ME. DO WE NEED HOME HEATING COSTS TO INCREASE FOR NATURAL

GAS 80 PERCENT? I MEAN, THAT'S A SIGNIFICANT IMPACT. THAT'S IN

NYSERDA'S STUDY. THAT'S -- YOU CAN'T -- IT'S IN PAPER, BLACK AND

WHITE. THAT IS A CONCERN TO ME. AND I THINK, LIKE I SAID, NYSERDA

CAN ALREADY DO THIS. AND I THINK I JUST GET CONCERNED WHEN WE'RE

CONTINUING TO LOOK TO REPLACE RELIABLE ENERGY OFF THE GRID, AND COME

2040, THE NYISO, WHICH IS TASKED WITH MAKING SURE THE LIGHTS STAY ON,

THE HEAT STAYS ON AND MAKING SURE THE GRID RUNS, SAYS WE NEED 27 TO 45

GIGAWATTS OF DISPATCHABLE EMISSION-FREE RESOURCES BY 2040.

NYS ASSEMBLY MAY 9, 2023

DISPATCHABLE MEANS 24/7, LIKE A BASELOAD LIKE A NUCLEAR, LIKE NATURAL

GAS. WIND AND SOLAR IS NOT DISPATCHABLE, SO THAT DOESN'T COUNT.

GRANTED WE NEED WIND AND SOLAR TO MEET THE MASSIVE BUILD-OUT THAT'S

GOING TO BE REQUIRED TO IMPLEMENT THE -- THE GREEN NEW DEAL FOR NEW

YORK. BUT I HAVE VERY STRONG CONCERNS ABOUT THE DISPATCHABLE

EMISSION. TWENTY-SEVEN TO 45 GIGAWATTS IS A LOT. SO WHAT'S THE

TECHNOLOGY? IT DOESN'T EXIST. THERE IS NO TECHNOLOGY OUT THERE THAT IS

DISPATCHABLE EMISSION-FREE RESOURCES TO MEET THIS OUTLOOK. SO TELL ME,

WHY IS THE DEC NOT APPROVING PERMITS FOR RENEWABLE -- OUR NATURAL GAS

POWER PLANTS? WHY ARE THEY NOT APPROVING PERMITS FOR NEW NATURAL

GAS POWER PLANTS IF WE WANT TO HAVE A RELIABLE GRID? EVEN NYISO

ALREADY SAID THE MARGIN OF OUR -- OUR -- OUR -- OF OUR EXTRA CAPACITY IS

GOING TO BE DOWN TO 100 MEGAWATTS AND -- WITHIN YEAR A YEAR OR TWO,

ESPECIALLY IN NEW YORK CITY. THAT IS NOT A GOOD MARGIN TO HAVE. THE

RELIABLE (INAUDIBLE) IN OUR GRID IS ALREADY THERE, AND WE'RE GOING TO BE

ADVANCING THE GREEN NEW DEAL, THE ELECTRIC VEHICLES. AND OH, BY THE

WAY, CALIFORNIA, WHO'S ADVANCING THIS - I KNOW WE COMPETE WITH THEM

ALL THE TIME ON THESE GREEN POLICIES - YOU KNOW, THEY TOLD THEIR

CITIZENS, OH, PLEASE DON'T CHARGE YOUR ELECTRIC VEHICLES OVERNIGHT

BECAUSE WE DON'T WANT A BLACKOUT. THAT'S BRILLIANT ENERGY POLICY.

MUST MAKE US ALL FEEL GOOD.

BUT THE BOTTOM LINE IS THE ENERGY POLICY THAT

CONTINUES TO BE PUSHED AND IMPLEMENTED IN THIS STATE, I HAVE GRAVE

CONCERNS ABOUT. COST AND AFFORDABILITY AND RELIABILITY HAS NEVER BEEN A

PART OF THIS DISCUSSION OR EQUATION IN THIS HOUSE AND THIS MAJORITY, AND

NYS ASSEMBLY MAY 9, 2023

CERTAINLY NOT BY THIS EXECUTIVE. YOU CAN SEND OUT A PRESS RELEASE ON

DOING IT, BUT WHEN THE POLICIES YOU'RE PUTTING IN PLACE ARE THE ONES THAT

DRIVE UP UTILITY BILLS, ARE GOING TO DRIVE THINGS UP FOR OTHERS IS -- IS A

CONCERN. WE'RE TAKING AWAY -- IN THE BUDGET WE PASSED, WE'RE TAKING

AWAY CONSUMER CHOICE ON HOW THEY WANT TO HEAT THEIR HOMES, HOW

THEY WANT TO COOK THEIR FOOD, AND HOW THEY WANT TO POWER THEIR

BUILDINGS. IT'S GOING TO BE UNSUSTAINABLE FOR THE GRID, BECAUSE WE'RE

LOOKING AT A MASSIVE BUILD-OUT THAT WE NEED TO TRIPLE OUR GENERATING

CAPACITY RIGHT NOW FROM 41 GIGA -- GIGAWATTS TO 120 GIGAWATTS. UN --

INCREDIBLE BUILD-OUT. THIS IS GOING TO LEAD REALLY, QUITE FRANKLY, LEAD TO

POTENTIAL BLACKOUTS, IT'S GOING TO INCREASE UTILITY COSTS, CONSTRUCTION

COSTS, HOUSING COSTS. CERTAINLY, HOME AND RETROFIT AND BUSINESS

CONVERSION COSTS TO RETROFIT THEIR HOMES AND BUILDINGS, AND WILL

JEOPARDIZE THE RELIABILITY OF THE GRID. AND IT'S GOING TO CONTINUE TO LEAD

TO THE EXODUS OF MORE AND MORE NEW YORK FAMILIES, FARMERS AND

BUSINESSES LEAVING THIS STATE. AND JUST LAST MONTH -- JUST LAST WEEK

NYSEG -- NATIONAL GRID SAID THAT THEIR ENERGY BILLS ARE INCREASING

17 PERCENT BECAUSE OF THE CLIMATE POLICIES THAT ARE BEING ADVOCATED IN

THIS STATE. AND I WILL ASSURE YOU, BUSINESSES, IF YOU TALK TO THEM, WHEN

YOU TALK ABOUT ENERGY POLICY THEY CARE ABOUT TWO THINGS: AFFORDABILITY

AND RELIABILITY. AND I'LL TELL YOU, IF THEY'RE NOT GIVEN AFFORDABILITY AND

RELIABILITY IN NEW YORK STATE, THEY'RE GOING TO GO SOMEPLACE ELSE.

THEY'RE GOING TO GO TO PENNSYLVANIA, OHIO, TENNESSEE. THEY'RE GOING

TO GO SOMEPLACE ELSE WHERE THEY CAN GET IT. AND I KNOW THIS IS ALL IN

THE FIGHT TO -- TO BATTLE CLIMATE CHANGE, THAT WE'RE GOING TO DO OUR PART.

NYS ASSEMBLY MAY 9, 2023

NEW YORK ALREADY DOES ITS PART. WE DO HAVE -- WE'VE REDUCED CARBON

EMISSIONS SIGNIFICANTLY, THANKS IN PART TO NATURAL GAS, QUITE FRANKLY.

AND WE AREN'T GOING TO MAKE ANY IMPACT IN CLIMATE CHANGE AND OUR

GLOBAL EMISSIONS WHEN NEW YORK CONTRIBUTES JUST 0.4 PERCENT OF TOTAL

GLOBAL EMISSIONS, .4. CHINA CONTRIBUTES 29 PERCENT, HAS 1,000 COAL

PLANTS AND BUILDING MORE; IN FACT, THEY ANNOUNCED EARLIER THIS YEAR

THEY'RE GOING TO EXPAND THEIR COAL CAPACITY BY 70 GIGAWATTS OVER THE

NEXT YEAR. DO WE REALLY THINK THEY'RE GOING TO HELP US MEET OUR CLEAN

ENERGY GOALS? OF COURSE NOT. AND IF YOU WANT TO TACK INDIA AND CHINA

-- INDIA AND RUSSIA ON TOP OF IT, THOSE THREE CONTRIBUTE 40 PERCENT OF

THE GLOBAL EMISSIONS.

AND I CAN GO THROUGH A WHOLE HOST OF OTHER ISSUES,

BUT I'LL DROP -- DROP DOWN TO THE ENERGY SECURITY. WE'RE TURNING OUR

WHOLE ENERGY SECURITY POLICY IN THIS STATE OVER TO CHINA. YOU CAN'T

ARGUE AGAINST IT, IT'S A MATTER OF FACT. NUMBER ONE, WHY? BECAUSE 80

PERCENT OF THE SOLAR IS MANUFACTURED, MADE AND PROCESSED IN CHINA AND

THEN THEY SELL IT TO US. SO THEY -- WE ARE AT THEIR BEHEST. AND ALSO, THE

ELEMENTS, THE COBALT, THE LITHIUM, THE CADMIUM, THE NICKEL, ALL THOSE

ELEMENTS THAT YOU NEED TO PRODUCE AN ELECTRIC -- A BATTERY TO POWER THE

ELECTRIC VEHICLE, THE ELECTRIC VEHICLE MANDATE THAT WE'RE ALL PUSHING FOR,

YOU'RE ALL PUSHING FOR AND THIS GOVERNOR IS PUSHING FORWARD THAT IT'S

GREAT FOR THE ENVIRONMENT. CHINA CONTROLS 87 PERCENT OF THE PROCESSING

OF THAT MARKET. SO THEY CONTROL 80 PERCENT OF THE SOLAR MARKET, 87-PLUS

PERCENT OF THE RARE EARTH AND THE MINERALS AND ELEMENTS TO PRODUCE THE

-- THE BATTERIES. WE'RE TOTALLY TURNING OUR ENERGY SECURITY POLICY OVER

NYS ASSEMBLY MAY 9, 2023

TO CHINA. THIS IS NOT SOUND ENERGY SECURITY POLICY. WE SHOULD BE

DIVERSIFYING OUR ENERGY PORTFOLIO. JUST LIKE YOU DON'T PUT ALL YOUR -- WE

SHOULD HAVE FUEL DIVERSITY, NOT JUST FULL ELECTRIFICATION. THINK ABOUT IT,

YOUR 401(K), YOU DON'T PUT IT ALL IN CASH, STOCKS AND BONDS, YOU

DIVERSIFY IT TO PROTECT IT, TO MAKE IT RESILIENT. WE SHOULD BE DOING THE

SAME THING WITH OUR ENERGY PORTFOLIO. YES, WE SHOULD HAVE WIND,

SOLAR AND HYDRO, BUT WE ABSOLUTELY NEED NUCLEAR AND WE SHOULD BE

USING NATURAL GAS. NATURAL GAS HAS REDUCED CARBON EMISSIONS, AND IT'S

RELIABLE BASELOAD. THAT'S THE THING WE SHOULD BE LOOKING AT.

SO FOR THESE CONCERNS I'M GOING TO BE VOTING NO. I

KNOW MANY PEOPLE MIGHT VOTE YES, BECAUSE IT'S NOT A BAD BILL. BUT IT'S

MY CONCERN ABOUT THE OVERALL ENERGY POLICY IN THIS STATE AND THAT'S WHY

I'M GOING TO BE VOTING NO FROM MY PERSPECTIVE. THANK YOU, MR.

SPEAKER.

ACTING SPEAKER AUBRY: THANK YOU, SIR.

MR. GOODELL.

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

YIELD?

ACTING SPEAKER AUBRY: MR. ZEBROWSKI, WILL

YOU YIELD?

MR. ZEBROWSKI: YES.

ACTING SPEAKER AUBRY: MR. ZEBROWSKI

YIELDS.

MR. GOODELL: THANK YOU, MR. ZEBROWSKI. I NOTE

THAT THIS BILL CALLS FOR THE REPORT TO BE PROVIDED TO THE GOVERNOR,

NYS ASSEMBLY MAY 9, 2023

TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, BUT

NO OBLIGATION THAT A COPY OF THIS REPORT BE PROVIDED TO THE MINORITY

LEADER IN EITHER THE SENATE OR THE ASSEMBLY. IS THERE A REASON WHY

THERE'S NO DESIRE TO PROVIDE THIS REPORT TO THE MINORITY LEADERSHIP?

MR. ZEBROWSKI: I DON'T THINK THE REPORT'S MEANT

TO BE SECRET, SO I THINK THE SPEAKER AND THE TEMPORARY PRESIDENT ARE

MEANT TO REPRESENT THE ASSEMBLY AND THE SENATE AS A WHOLE.

CERTAINLY, IF IT BECOMES LAW I'LL MAKE SURE YOU GET A COPY.

MR. GOODELL: THERE'S CERTAINLY NO REASON TO

EXCLUDE THEM, THE MINORITY, AS WELL, RIGHT?

MR. ZEBROWSKI: NO.

MR. GOODELL: THANK YOU.

ON THE BILL, SIR.

ACTING SPEAKER AUBRY: ON THE BILL, MR.

GOODELL.

MR. GOODELL: I APPRECIATE MY COLLEAGUE'S

WILLINGNESS TO SHARE THAT REPORT WITH THE MINORITY AS WELL, AND I THINK

THAT'S ESPECIALLY IMPORTANT BECAUSE AT THE MOMENT, WITH EMPTY SEAT

VOTING, I THINK THERE'S ACTUALLY MORE MINORITY MEMBERS HERE ON THE

FLOOR OF THE ASSEMBLY THAN THERE ARE MAJORITY MEMBERS. AND SINCE,

YOU KNOW, WE HAVE THE VAST MAJORITY OF OUR MEMBERS HERE, IT WOULD BE

NICE TO HAVE A COPY OF THESE REPORTS AS WELL, AND NOT JUST THROUGH THE

GRACIOUSNESS OF THE SPONSOR. THANK YOU, SIR.

ACTING SPEAKER AUBRY: THANK YOU.

READ THE LAST SECTION.

NYS ASSEMBLY MAY 9, 2023

THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

ACTING SPEAKER AUBRY: THE CLERK WILL RECORD

THE VOTE.

(THE CLERK RECORDED THE VOTE.)

MR. LAVINE TO EXPLAIN HIS VOTE.

MR. LAVINE: THANK YOU. SO, THIS IS BILL, VERY

STRAIGHTFORWARD BILL. IT SHOULDN'T BE CONTROVERSIAL, BUT IT HAS BECOME

CONTROVERSIAL. AND IT SIMPLY DIRECTS THE STATE ENERGY RESEARCH AND

DEVELOPMENT AUTHORITY, NYSERDA, TO PREPARE A REPORT ABOUT

REPLACING DECOMMISSIONED OR NOT WORKING ELECTRIC-GENERATING SITES

WITH RENEWABLE ENERGY DEVELOPMENT AND ENERGY STORAGE OPPORTUNITIES.

THE POINT WAS MADE THAT WHY SHOULD NEW YORK DO THIS? AFTER ALL,

WE'RE JUST ONE STATE. CHINA ISN'T DOING THIS, INDIA ISN'T DOING THIS. BUT

IT'S NOT JUST NEW YORK THAT'S DOING THIS. NEW YORK IS DOING THIS, NEW

JERSEY'S DOING IT, CONNECTICUT IS DOING IT, CALIFORNIA IS DOING IT. WHY

ARE WE DOING THIS? BECAUSE IT IS PATENTLY OBVIOUS THAT GLOBAL WARMING

AND GREENHOUSE GAS EMISSIONS WILL KILL ALL OF US. SOME PEOPLE REFUSE

TO SEE THAT, LIKE OSTRICHES. THEY BURY THEIR HEAD IN THE SAND AND LET THE

REST OF US DO THE DIRTY WORK TO TRY SAVE THE WORLD WHILE THEY WILL THEN

TAKE THEIR HEADS OUT OF THE SAND AFTER EVERYTHING IS SAFE AND COMPLAIN.

I THINK THIS IS A GOOD BILL. I'M VOTING FOR IT, I

COMMEND THE SPONSOR. WE BETTER DO SOMETHING TO SAVE THE EARTH.

THANK YOU.

ACTING SPEAKER AUBRY: MR. LAVINE IN THE

AFFIRMATIVE.

NYS ASSEMBLY MAY 9, 2023

ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.

(THE CLERK ANNOUNCED THE RESULTS.)

THE BILL IS PASSED.

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: DO YOU HAVE ANY FURTHER

HOUSEKEEPING OR RESOLUTIONS?

ACTING SPEAKER AUBRY: WE DO HAVE A PIECE

OF HOUSEKEEPING.

ON A MOTION BY MS. ROZIC, PAGE 20, CALENDAR NO.

174, BILL 5610-B, THE AMENDMENTS ARE RECEIVED AND ADOPTED.

WE HAVE NUMEROUS FINE RESOLUTIONS, WE WILL TAKE

THEM UP WITH ONE VOTE.

ON THE RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING

AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.

(WHEREUPON, ASSEMBLY RESOLUTION NOS. 427-431

WERE UNANIMOUSLY ADOPTED.)

MRS. PEOPLES-STOKES.

MRS. PEOPLES-STOKES: I NOW MOVE THAT THE

ASSEMBLY STAND ADJOURNED AND THAT WE RECONVENE AT 10:00 A.M. ON

WEDNESDAY, MAY THE 10TH, TOMORROW BEING A SESSION DAY.

ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS

ADJOURNED.

(WHEREUPON, AT 5:52 P.M., THE ASSEMBLY STOOD

ADJOURNED UNTIL WEDNESDAY, MAY 10TH A 10:00 A.M., THAT BEING A

SESSION DAY.)