Regular Session - February 4, 2003
359
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 4, 2003
11:06 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
May I ask everyone present to
please rise and join me in the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may we each bow our heads
in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, February 3, the Senate met pursuant to
adjournment. The Journal of Saturday,
February 1, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator LaValle,
from the Committee on Higher Education,
reports the following bills:
Senate Print 294, by Senator
LaValle, an act to amend the Education Law;
296, by Senator LaValle, an act to
amend the Education Law and the General
Municipal Law;
And Senate Print 857, by Senator
Balboni, an act to amend the Education Law.
Senator Maltese, from the Committee
on Cities, reports the following bills:
Senate Print 157, by Senator
Maltese, an act to amend the General Business
Law;
And Senate Print 867, by Senator
Velella, an act to amend the General Municipal
Law.
Senator Hannon, from the Committee
on Health, reports the following bills:
Senate Print 463, by Senator
Hannon, an act to establish;
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And Senate Print 592, by Senator
Hannon, an act to amend the Public Health Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills reported directly to
third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
move we adopt the Resolution Calendar in its
entirety.
ACTING PRESIDENT MEIER: All
those in favor of adopting the Resolution
Calendar in its entirety say aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
Senator Skelos.
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SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
15, by Senator Volker, Senate Print 242, an
act to amend the Penal Law, in relation to
consecutive terms of imprisonment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
36, by Senator DeFrancisco --
SENATOR SKELOS: Lay it aside for
the day.
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ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
39, by Senator Balboni, Senate Print 512, an
act to amend the Penal Law, in relation to
increasing the criminal penalties.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
48, by Senator Padavan, Senate Print 624, an
act to amend the Penal Law, in relation to the
disposal of allegedly stolen motor vehicles.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
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November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
51, by Senator Marcellino, Senate Print 879,
an act to amend the Environmental Conservation
Law, in relation to management of wildlife
resources.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
calendar.
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SENATOR SKELOS: Mr. President,
we're going to have to stand at ease
temporarily so that we can have a Finance
Committee meeting and then also a
Transportation Committee meeting.
I believe that Senator Johnson and
Senator Kuhl are at a budget hearing right
now, and they should be back shortly.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 11:10 a.m.)
(Whereupon, the Senate reconvened
at 11:12 a.m.)
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President,
can we ask for an immediate meeting of the
Transportation Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Transportation
Committee in the Majority Conference Room.
(Whereupon, the Senate stood at
ease at 11:12 a.m.)
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(Whereupon, the Senate reconvened
at 11:30 a.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
(Whereupon, the Senate stood at
ease at 11:31 a.m.)
(Whereupon, the Senate reconvened
at 12:32 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT BALBONI:
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there are several
reports at the desk. I ask that they be read
at this time.
ACTING PRESIDENT BALBONI: The
Secretary will read.
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THE SECRETARY: Senator Kuhl,
from the Committee on Transportation, reports
the following bills:
Senate Print 112, by Senator
Velella, an act to amend the Vehicle and
Traffic Law;
129, by Senator Alesi, an act to
amend the Vehicle and Traffic Law and the
State Finance Law;
397, by Senator Johnson, an act to
amend the Vehicle and Traffic Law;
513, by Senator Balboni, an act to
amend the Vehicle and Traffic Law;
524, by Senator Balboni, an act to
amend the General Business Law and the Penal
Law;
776, by Senator Marcellino, an act
to amend the Vehicle and Traffic Law;
And Senate Print 785, by Senator
Marcellino, an act to amend the Vehicle and
Traffic Law.
Senator Velella, from the Committee
on Labor, reports:
Senate Print 93, by Senator
Maltese, an act to amend the Labor Law and the
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Penal Law;
200, by Senator Spano, an act to
amend the Labor Law;
And Senate Print 1119, by Senator
Velella, an act to amend Chapter 206 of the
Laws of 1974.
All bills ordered direct to third
reading.
ACTING PRESIDENT BALBONI:
Without objection, all bills are reported
directly to third reading.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations.
As Commissioner of Human Rights,
Michelle Cheney Donaldson, of New York City.
ACTING PRESIDENT BALBONI:
Senator Johnson.
SENATOR JOHNSON: Yes, Mr.
President. Michelle Cheney Donaldson is very
qualified for the position of Human Rights
Director. She appeared before our committee,
many people were impressed with her
credentials, and we certainly are happy to
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advance her at this time.
ACTING PRESIDENT BALBONI:
Senator Ada Smith.
SENATOR ADA SMITH: Thank you,
Mr. President.
On behalf of Senator Malcolm Smith
and myself, I'd like to say that this young
woman came from Jamaica, which is a part of
our district. And that is a training ground
for bright young people. And she has excelled
in her given field, and she will go on to make
us proud as the new commissioner.
And I would like to congratulate
the Governor for having the wisdom to bring
forth this appointment. And I'd like to thank
all of you for being supportive of it.
ACTING PRESIDENT BALBONI:
Senator Smith.
SENATOR MALCOLM SMITH: Thank you
very much, Mr. President. Also to my senior
colleague, Senator Ada Smith. This is a proud
day for both of us.
Actually, for me, there were three
proud moments for me while I have been here in
the Senate. The first one was when I got
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elected and I came and casted my first vote.
The second one was when I had the opportunity
to nominate Senator David Paterson as the pro
tem president for the Senate. And the third
one is today, Mr. President.
And that is, I am here to second
the nomination of Michelle Donaldson, who I
believe the Governor has made an excellent
choice. This young lady, who not only grew up
in Jamaica, Queens, has a stellar educational
background, her family is very solid --
notwithstanding the fact that she belongs to
the same church I belong to, the Greater Allen
Cathedral in Queens, of which the Right
Reverend Dr. Floyd H. Flake is the pastor
of -- but she's also an individual who's very
open-minded, very fair.
And I will tell you, this is a very
proud day for the state. The Governor has
made an excellent choice. The Division of
Human Rights could not do any better than this
young lady. And it just gives me great
pleasure to stand on the floor of the Senate
this day, a very proud day for me -- the third
one since I've been here -- to second the
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nomination of Michelle Donaldson.
ACTING PRESIDENT BALBONI: Thank
you very much, Senator Smith.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I rise to join my colleagues in
wishing the new commissioner well. But I do
want to note that she is taking over an agency
that really is in a state of something of a
crisis. There is a huge backlog of cases, the
need for additional resources. I do believe
that those of us in this house would be
supportive of efforts to add resources to
improve the situation.
There are a lot of people relying
on the commissioner and relying on her staff
for help in a very critical area. And we will
be there for her. And I'd hope that she will,
as her first order of business, try and
address the severe lack of resources in the
Division of Human Rights and the need to
expedite things. She certainly can count on
support from those of us who are speaking here
today.
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Thank you, Mr. President.
ACTING PRESIDENT BALBONI: All
those in favor of the nomination signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT BALBONI: All
those opposed, nay.
(No response.)
ACTING PRESIDENT BALBONI: The
nominee is confirmed.
Congratulations.
(Applause.)
ACTING PRESIDENT BALBONI: In the
gallery, the commissioner is joined by her
husband, Randolph Donaldson; her mother,
Alberta Cheney; mother-in-law, Bernice
Donaldson; and brother-in-law, Glenn
Inskip-Seale.
Welcome, all of you. And again,
congratulations. I hope you enjoy your
tenure, Commissioner.
The Secretary will read.
THE SECRETARY: As a member of
the Public Service Commission, William M.
Flynn, of Glenmont.
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ACTING PRESIDENT BALBONI:
Senator Johnson.
SENATOR JOHNSON: I'd like to
recognize the nomination of William M. Flynn
by the Governor to occupy the position of
Public Service Commissioner.
He has an amazing background in law
and certainly the Attorney General's office,
various positions throughout his career. And
he presently is the president of the New York
State Energy Research and Development
Corporation.
A very well qualified, very
principled, very knowledgeable gentleman, and
I'd certainly like to advance his nomination
at this time. And I think Senator Nozzolio
may want to speak on this as well.
ACTING PRESIDENT BALBONI: The
chair recognizes Senator Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President. On the nomination.
Mr. President, my colleagues, I
rise with great honor and happiness in
promoting, endorsing, and voting for the
nomination of William Flynn, Bill Flynn, to be
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chairman of the Public Service Commission.
Bill is a man of a very diverse and
unique background. I've known him for well
over two decades and know him to be a
hard-working individual with good common
sense.
And you'd expect that as a product
of the Western Finger Lakes -- some say
Western New York, we say Western Finger
Lakes -- where Bill, growing up in a small
town with small-town good values, knows what
the citizens of this state need.
He worked hard, worked hard as a
young man, worked hard in local government, in
the State Legislature, in federal government,
with the Attorney General, and now as the
chief executive officer, president of NYSERDA.
Bill has experience that I say is
unique to the Public Service Commission, with
such a broad brush of background in a variety
of state and federal endeavors. Bill will be
uniquely qualified to serve and serve well as
chairman of the Public Service Commission.
Most importantly, Bill Flynn
understands that energy development means job
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development. He's been very much in the
forefront, at the point on this extremely
important objective. He understands that the
needs of the economy, and particularly the
upstate economy, but the economy throughout
our state, is dependent on the energy demands
and meeting those demands.
He understands, because of his
training, because of his background, what the
dynamics of the energy and power needs are of
our state. He knows what the future holds for
energy and power development.
He knows these issues. He knows
how to work with the Legislature. He knows
how to work with the Executive. He
understands the dynamics at the federal level.
I think Governor Pataki did an outstanding job
in promoting and putting forth this
nomination.
Above all -- and I speak to my
friends on the other side of the aisle,
particularly Senator Duane, who made points
during the Senate Finance Committee meeting.
Senator Duane, as you serve as the ranking
member of the committee of which I chair, I
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know you certainly appreciate above all else
an individual who's candid, who's trustworthy,
who's open, and who's honest.
That, my colleagues, is the most
important qualification that anyone can bring
to any office. And that's the qualification
that I unequivocally endorse and attest to in
this nominee, as I have known him for over
twenty years.
I know Bill Flynn will be an
excellent chairman of the Public Service
Commission. I'm proud of Governor Pataki for
making this nomination; prouder still to know
Bill Flynn as a friend.
Thank you, Mr. President.
ACTING PRESIDENT BALBONI: Thank
you, Senator Nozzolio.
Senator Wright.
SENATOR WRIGHT: Thank you, Mr.
President.
I too am proud to rise to second
the nomination of William Flynn as chairman of
the state's Public Service Commission. And I
too want to commend the Governor for the
excellent choice and nomination he has
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submitted to us for confirmation.
As you review the background of the
nominee, you'll find, as pointed out by my
colleague, that Bill Flynn has served in local
government, state government, at the federal
level, and brings the breadth of that
experience to bear on his new
responsibilities.
If you look at particularly the
last four years of service, you'll find that
he has immersed himself in the energy
industry, has demonstrated his knowledge and
understanding of the industry, and has held a
series of positions, progressively working
through the chairs, in the state's energy
agency, NYSERDA, and has overseen the growth
of that agency and the development of numerous
programs that have effectively been
implemented by NYSERDA on behalf of the Public
Service Commission.
Throughout that, he has
demonstrated his ability to manage, he has
demonstrated his willingness to work with
people, he has demonstrated his commitment to
bipartisan solutions, and he has demonstrated
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a willingness to prove that in fact you can
take energy policy, merge it with
environmental policy, and have a positive,
successful impact on the economy.
That is an objective of this
administration, that is an objective of the
Governor, and it's one that Bill Flynn has
demonstrated to a high degree of credibility
during his four years in NYSERDA.
Throughout that tenure, he has been
known for being an individual who is very
direct, very candid, one who is willing to
listen, and one who has demonstrated the
ability to cooperate and work to bipartisan
solutions.
Throughout that, and the reason for
the cooperation and the bipartisan support, is
his integrity. That character comes through
loud and clear. Anyone who has met Bill Flynn
or spent any time with Bill Flynn knows that
to be a truth and a fact.
It's as a result of that that I'm
personally very pleased to support and vote
for Bill Flynn as chairman this afternoon.
But it's also for those reasons that the
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Standing Committee on Energy and Communication
of the Senate unanimously recommended Bill's
confirmation.
I look forward to that confirmation
this afternoon. I look forward to working
with Chairman Flynn. I wish him and his
family the very best as they go forward.
Thank you.
ACTING PRESIDENT BALBONI:
Senator McGee.
SENATOR McGEE: Thank you, Mr.
President.
I too rise to say congratulations
to Bill Flynn and his appointment to the
Public Service Commission. I think the
Governor has made a wise choice.
Bill has always been an invaluable
source of information to me, an invaluable
source of support to me, and particularly
valuable in NYSERDA as a representative for
the State of New York in dealing with the West
Valley Demonstration Project. And he's done a
superb job.
I commend the Governor on his
appointment and say congratulations to you,
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Bill, I look forward to working with you.
ACTING PRESIDENT BALBONI:
Senator Hoffmann.
SENATOR HOFFMANN: Thank you,
Mr. President.
I'm delighted to rise in support of
the nomination of Bill Flynn to be a member of
the Public Service Commission. I too have had
the great pleasure of working with him through
two very unusual projects and through a
larger, statewide initiative involving
agriculture.
On the first issue, let me just
explain that in the central part of the state,
in Madison County -- which as many people know
here is home to Pratt's Hollow, the geographic
center of New York State -- we have two very
exciting wind farms. And both of these were
developed with the oversight of NYSERDA,
through Bill Flynn's very capable direction.
Now, it's important to our
discussion today -- and much of this took
place during our previous Finance Committee --
it's important to the discussion today to know
that throughout this wind-siting controversy,
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there were many people who raised
environmental issues, there were people who
raised issues of local governance, and I was
very pleased to see how capably Bill Flynn
fielded all of these myriad issues and how he
made sure that the best environmental
decisions were made in the end and how
New York State skyrocketed into the future
with a truly fantastic alternative energy
project, one that has been heralded across the
country.
And indeed, we've seen other parts
of the United States turn their backs on wind
farms. On the Nantucket Sound, they have
rejected the idea of wind farms, for reasons
that are totally beyond my comprehension. But
perhaps if they had had somebody as capable as
Bill Flynn at the helm when the issue first
came up, they too would be taking advantage of
alternative energy as we are in Central
New York.
With the Governor having made the
great commitment to alternative energy for the
State of New York in the years to come, we
need somebody who has that personal experience
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involved in energy siting issues and energy
regulatory issues, and I can think of no
better person than Bill Flynn.
As chairwoman of the New York State
Senate Agriculture Committee, I've also had
the opportunity to work with Mr. Flynn as it
affects agriculture energy issues. Our
farmers are frequently faced with unfair
competition from other states, due to
increased energy costs in those states. And
through Governor Pataki and with Mr. Flynn's
leadership at NYSERDA, we have made aggressive
strides in bringing down the cost of energy to
farmers, and we have many, many more things on
deck through the leadership of these two fine
men.
I can think of no better person to
be moving to the Public Service Commission at
this exciting time. I'm delighted to add my
voice in support of the confirmation of Bill
Flynn to the Public Service Commission.
ACTING PRESIDENT BALBONI:
Senator Libous.
SENATOR LIBOUS: Thank you,
Mr. President.
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I too would like to rise, as my
colleagues have, to second the nomination of
Mr. Flynn and to also state that Governor
Pataki has given us a fine individual.
And I want to echo some of the
comments that Senator Wright gave and pick up
on the comments about integrity,
responsiveness.
You know, I've had the pleasure
now -- this is my 15th year in this body --
I've worked with many chairmen, many
commissioners, people who run agencies. And I
can tell you that in my dealings with
Mr. Flynn, he has been extremely open, very,
very responsive, and he has always been there
for my constituents and for the questions that
I have had for him. What you see is what you
get. He's a very bright individual, and he is
extremely responsive.
In Finance, we had some very
difficult questions that were asked. My
colleagues on the other side of the aisle
asked some good questions, questions that
concern the health and safety of the residents
of this state. And I can assure them that
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Bill Flynn, as chairman of the Public Service
Commission, will do as outstanding a job for
them and their constituencies as he has done
at least in helping me serve mine.
So again, I applaud the Governor,
and I think he's made an outstanding choice.
And Mr. Flynn will do a great job.
ACTING PRESIDENT BALBONI:
Senator Seward.
SENATOR SEWARD: Thank you,
Mr. President.
I too would like to rise and offer
my enthusiastic support for our nominee,
William Flynn, to not only be a member of the
Public Service Commission but also chair that
very important commission.
There's no question that there are
many, many challenges that will be confronting
the PSC as we move forward. Certainly the
responsibility of making sure that
New Yorkers, as individuals and residents, but
also New York businesses, have a sufficient
supply of electricity and energy to move
forward economically. That's certainly
critically important to every single resident
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of this state.
Also, as we continue to transition
to competition not only in the electric
utility world, but also on the
telecommunications side as well, many
challenges there continue to exist for the
Public Service Commission.
And like many of my colleagues who
have spoken already, I believe that Bill Flynn
is an excellent choice to be chair of the
Public Service Commission, to work with his
fellow commission members and the great staff
at the PSC to meet the important challenges
that confront the PSC. There's no question
that he has the intellect, the ability, the
integrity, the background and experience to
lead that commission to meet the challenges
that confront us all.
So I stand in full support of our
nominee. It's an excellent choice on the part
of the Governor. And there's no question, the
important part of Bill's background that
sticks out in my mind is his devotion and
commitment to public service. And so I think
it's very, very appropriate that we confirm
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Bill Flynn to the Public Service Commission,
because that really says it all when I think
about the qualifications of our nominee Bill
Flynn.
So congratulations to Bill,
congratulations to the Governor for making an
outstanding choice.
ACTING PRESIDENT BALBONI: Thank
you, Senator Seward.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President.
I'd like to think that I am
sometimes tough but always fair. And I hope
that my colleagues here would agree with that.
And I believe that my constituents sent me
here because that is who I am.
Mr. Flynn may be the best, most
qualified person for this job. But I don't
know that. And there was certainly no way to
find out about that during the confirmation
hearing.
You know, when I talk to my
constituents and describe to them the Senate,
I have to immediately say it's not the U.S.
388
Senate, it's nothing like that. Because they
all watch what happens in the United States
Senate on C-Span. Unfortunately, televised
coverage of the Senate is not available to
them.
But I have to tell them that it's
actually nothing like that. In fact, our
confirmation hearing is more like a parody of
what happens in Washington, D.C. I think it's
embarrassing that Senators are shut down from
asking questions of people that we're
confirming.
Imagine if you were hiring someone
in your office for a $100,000-plus-salary a
year job. Well, you know, I would think that
if you were hiring that person, you would feel
entitled to ask them as many questions as you
wanted to. But that's not how it is here,
which is bizarre.
Now, the -- Mr. Flynn, I thought
one of the most important moments in the
hearing was when he discussed his
four-year-old son in a very loving manner.
And I'm hopeful that he's going to take that
to his job. He said it wouldn't impact his
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job, but I can't imagine that something that's
happened in someone's life would not have an
impact on a person's feelings and positions.
And I would have liked to have
known what his thoughts were, because he has
had so much experience working at the New York
State Energy Research and Development
Authority. So clearly he has a tremendous
involvement with energy, but we didn't really
get to find out what his positions are on
that.
So again, he may be the best, most
qualified person for this job, but I don't
know that. And I am going to respectfully
vote no on this confirmation, with the hope
that our confirmation process will improve and
actually, instead of being a parody of what
happens in Washington, D.C., will be more like
what happens in Washington, D.C., in the
United States Senate.
Thank you, Mr. President.
ACTING PRESIDENT BALBONI:
Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President. I rise in support of
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this nomination.
I have an entirely opposite view of
my colleague Senator Duane. If Senator Duane
had bothered to attend the Senate Energy
Committee meeting yesterday, he would have
seen a very good dialogue, a question and
answer session.
I know that from the Minority side
of the aisle, Senator Parker and Senator
Andrews asked several questions, asked the
designee, Mr. Flynn, about his views on energy
policies of the State of New York, and it was
handled very capably by our chairman, Senator
Wright. There was a great deal of dialogue, a
great deal of give-and-take.
And I would particularly note that
both Senator Parker and Senator Andrews voted,
as did the entire committee, unanimously, for
this nominee.
I've known Bill Flynn for a long
time. He's from Western New York. He did an
excellent job working as a deputy attorney
general under Attorney General Dennis Vacco.
And I most directly was involved with Bill's
work when he chaired the NYSERDA. And his
391
work was excellent.
I think he's a very deserving
nominee. I think Governor Pataki has made an
excellent choice. And there was a great deal
of dialogue and give-and-take, and I fully
support this nomination.
Thank you, Mr. President.
ACTING PRESIDENT BALBONI:
Senator Parker.
SENATOR PARKER: Thank you,
Mr. Chairman.
This is a very important
opportunity we have here before us. There are
a lot of important issues as relates to energy
and telecommunications that are coming up.
And I think that in Mr. Flynn we have somebody
who's going to -- as I said both in the Energy
Committee and I've said in the Finance
Committee -- somebody who I believe is going
to work very, very hard for us.
I think, however, that the whole
process that we're involved in here is also an
important process. And that, you know, in all
of the committees and here on the floor we
ought to be taking what we do seriously and
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really have the time to -- you know, to ask
questions and really find out.
I think that oftentimes the
questions are not necessarily made to, you
know, belittle a person coming before us for
nomination, or somebody who is not clear about
what they're doing, but it's really sometimes
for our edification, to understand what this
person is going to bring philosophically.
I think that Mr. Flynn's nomination
is something that's going to be a positive
thing for the people of the state of New York.
I have shared my concerns with him on issues
of incineration and the fact that incineration
is not a renewable resource, and I'm glad that
he was open to it and will continue to be open
to all of us.
I think, though, however, we do
need to spend time doing this and take our
jobs very seriously. And I look forward to,
you know, continuing to work with Mr. Flynn in
his new capacity, and with the other members
and my colleagues as we, you know, deal with
other nominations.
Thank you.
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ACTING PRESIDENT BALBONI:
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I want to address two issues before
we close for the day. The first issue relates
to the process questions raised by my
colleagues.
I think that -- I haven't been in
the Senate that long, and I think sometimes we
get up here and we get into a sort of a time
warp and we start thinking that a 40-minute
hearing in a committee is a long hearing in a
committee.
Well, our constituents, I think,
expect more of us. And I think, particularly
facing the difficult times that New York is, I
think we owe it to them to put in a little
extra time to look more closely at our
nominees.
And this has nothing to do -- this
procedural haranguing has nothing to do with
Mr. Flynn. It has to do with every nominee
that comes before us. But I think it's
important for us to reflect on the fact that
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we're not here to work an hour a day or two
hours a day, we're here to work as long as we
have to, to get the job done as well as we can
for our constituents. And particularly given
these circumstances.
And I hope that there will be a
bipartisan effort to take a little more time,
to respond to questions, to seek answers to
questions, and actually to go outside the
committee process and look into issues.
The second point that I want to
make is a substantive point. And this relates
to the issue of renewable energy, something
that is tremendously important to me,
something that is tremendously important to
all of us, and particularly all of us who have
small children. I mean, I hope that -- I hope
it has a tremendous influence on Mr. Flynn's
conduct, the fact of his family.
I mean, I think this affects all of
us as we look forward to the future of New
York State, a future that hopefully will have
cleaner air and cleaner water and renewable
energy to provide for our needs.
The point that I want to make is
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that I don't really think there's any question
regarding the issue of incineration and its
place in the field of renewable energy. And I
would urge Mr. Flynn that there really is no
need to consult with anyone, there's no need
not to prejudge an issue, because in the
New York Code of Rules and Regulations,
Section 204, there's a definition of renewable
energy projects, which states: "A power
generation technology that produces
electricity from wind energy, solar thermal
energy, photovoltaics, methane waste, or
sustainably managed biomass; but not the
combustion or pyrolysis of solid waste."
Incineration is just not in there.
You don't have to look further than our own
regulations.
I hope that as he goes forward to
work with the Governor, and hopefully to lean
on the Governor to take seriously his
commitment to renewable resources, our
nominee -- soon to be confirmed, I'm sure --
is going to take the hard work that went into
these regulations into consideration.
We need his help. We need him as
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an advocate for renewable energy. And we
really can't afford, if our children's lives
are to be better than ours, to hedge on this
issue and to avoid the hard decisions.
So I think the process can benefit
from some of our newer colleagues' desire to
take committee hearings more seriously, and I
would urge the nominee that we do need him as
an advocate in this area. And that any help
we can provide, certainly we are willing to
provide.
Thank you, Mr. President.
ACTING PRESIDENT BALBONI:
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President.
I have evidently been sucked into
this time warp, then, because I'm confused. I
was at the Energy Committee hearing presided
over by Chairman Wright yesterday. My
recollection of that hearing was that the
chairman was more than solicitous of members
desiring to ask questions. And even at the
conclusion of the questioning, the chairman
inquired if there were more questions.
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Now, it is not the function of the
chairman of the Energy Committee to make up
questions or to prolong -- furthermore, there
was no request by any member of the Energy
Committee to adjourn those proceedings because
they had further questions or required
additional research.
And by the way, the Energy
Committee then unanimously passed on the
confirmation of Mr. Flynn.
And so at a time when we are
frequently criticized -- and sometimes
rightfully so -- for dawdling, and at a time
when some people think we ought to get on with
the business of this state, I don't see any
reason for us to continue on the deliberation
of a nominee whom everyone seems to agree is
eminently qualified.
And by the way, all I heard
Mr. Flynn say on this issue of incineration,
in a general sense -- we weren't deep into the
thicket of the regs -- was that he wasn't
going to prejudge the issue. And I took that
to mean he wasn't going to prejudge regardless
of where the technology may take us into the
398
future, regardless of what the circumstances
may bring.
Mr. Flynn has been nominated to sit
on a body that sits as a quasi-judicial body.
He is obligated by the oath of office that
he's about to take not to prejudge issues.
The hearings and proceedings that
were had were thorough. The chairmen
permitted members to exhaust the questions
that they had. And I'm fully satisfied and
ready to vote for this nominee. He's going to
do a fine job.
Thank you, Mr. President.
ACTING PRESIDENT BALBONI: Thank
you, Senator Meier.
With that ringing endorsement, all
those in favor of the nomination signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT BALBONI: Those
opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT BALBONI: The
nominee is confirmed.
Congratulations, Bill Flynn.
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(Applause.)
ACTING PRESIDENT BALBONI:
Commissioner Flynn is joined by his wife,
Mary, his son Kevin and his son Sean.
Have a great tenure, Commissioner.
It's an honor for all of us.
(Applause.)
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: As a member of
the Empire State Plaza Art Commission, Marijo
Dougherty, of Schenectady.
And as a member of the State
Hospital Review and Planning Council, Peter V.
McGinn, Ph.D., of Vestal.
ACTING PRESIDENT BALBONI:
Please, members, let me remind you we still
have two more nominations to consider.
The question is on the nominations.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BALBONI: Those
opposed, nay.
(No response.)
ACTING PRESIDENT BALBONI: The
400
nominees are confirmed.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT BALBONI: No,
Your -- I was about to say "Your Honor."
No, Senator Skelos, there's no
housekeeping at the desk.
(Laughter.)
SENATOR SKELOS: Mr. President,
there being no further business to come before
the Senate, I move we stand adjourned until
Monday, February 10th, at 3:00 p.m.,
intervening days being legislative days.
ACTING PRESIDENT BALBONI: On
motion, the Senate stands adjourned until
Monday, February 10th, at 3:00 p.m.,
intervening days being legislative days.
(Whereupon, at 1:00 p.m., the
Senate adjourned.)