Regular Session - May 21, 2003
2922
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 21, 2003
11:01 a.m.
REGULAR SESSION
SENATOR CARL L. MARCELLINO, Acting President
STEVEN M. BOGGESS, Secretary
2923
P R O C E E D I N G S
ACTING PRESIDENT MARCELLINO: The
Senate will please come to order.
I ask that you all rise in the
chamber and please join me in repeating the
Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MARCELLINO: In
the absence of clergy, may we stand for a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MARCELLINO:
Reading of the Journal.
THE SECRETARY: In Senate,
Tuesday, May 20, the Senate met pursuant to
adjournment. The Journal of Monday, May 19,
was read and approved.
On motion, Senate adjourned.
ACTING PRESIDENT MARCELLINO:
Without objection, the Journal stands approved
as read.
Presentation of petitions.
Messages from the Assembly.
2924
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution at the desk by
Senator DeFrancisco. Could we have the title
read and move for its immediate adoption.
ACTING PRESIDENT MARCELLINO: The
Secretary will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution Number
1815, honoring the third- and fourth-grade
students of Elmcrest Elementary School in
Liverpool, New York, for their participation
in the 50th Senate District "Good News! Good
Kids!" Youth Responsibility Program.
ACTING PRESIDENT MARCELLINO:
Senator DeFrancisco.
SENATOR DeFRANCISCO: Yes, I'm
proud to rise and welcome the elementary
students from Elmcrest, in my district, as the
2925
winners of the "Good News! Good Kids!" program
that we've had in the 50th Senate District --
formerly the 49th Senate District -- since
I've been a member of the Senate.
And basically the purpose of it is
to recognize good kids who are doing good
things. Because unfortunately, too often we
talk about the bad things that children are
doing, or the bad things that kids are doing.
At Elmcrest, these young people who
are here with us, I believe 75 of them, showed
that they are truly good citizens and good
kids. And they had a program called the Empty
Bowl program, the Empty Bowl Supper, where
they made bowls out of clay and presented --
raised money by doing this to remind people of
those people who are less fortunate than
ourselves, raising money and providing that
money for worthwhile services.
It's a wonderful, wonderful thing
that they've done. And we wanted to honor
them by bringing them to the New York State
Senate and passing a resolution in their
honor.
And we have -- have you moved the
2926
resolution at this point? We would request
that you move the resolution.
I request unanimous support from
this body for these children for the good
things that they are doing for our community.
Because there are good kids, and that's good
news.
Thank you.
ACTING PRESIDENT MARCELLINO:
Thank you, Senator.
Senator Farley.
SENATOR FARLEY: Move the
resolution first.
ACTING PRESIDENT MARCELLINO: The
question is on the resolution. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:
Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO: The
resolution is adopted.
Senator Farley.
SENATOR FARLEY: It's rather
unique, Senator Skelos and Mr. President, that
2927
this gallery is full of young people that are
doing good things.
Right over here on the right -- we
don't introduce people -- there's a whole
group from Niskayuna, my hometown, all student
leaders from Iroquois School and so forth,
here to honor the "Good News!" people from
Senator DeFrancisco's -- let me just say that
all of us in the Senate are proud of you
youngsters and what you do. You're the future
of this country, and we're proud to have you
here today.
ACTING PRESIDENT MARCELLINO:
Thank you, Senator Farley.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution, 1816, by
Senator Golden. Could we have the title read
and move for its immediate adoption.
ACTING PRESIDENT MARCELLINO: The
Secretary will read.
THE SECRETARY: By Senator
Golden, Legislative Resolution Number 1816,
commemorating the 120th Anniversary of the
Brooklyn Bridge.
2928
ACTING PRESIDENT MARCELLINO: The
question is on the resolution. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:
Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO: The
resolution is carried.
Senator Skelos.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MARCELLINO:
Senator Skelos.
SENATOR SKELOS: There are six
privileged resolutions at the desk by Senator
Kruger. Could we have the titles read and
move for their immediate adoption.
ACTING PRESIDENT MARCELLINO: The
Secretary will read all six resolutions.
THE SECRETARY: By Senator C.
Kruger, Legislative Resolution Number 1817,
commending Paul Mak upon the occasion of his
designation for special recognition at the
37th Annual Dinner Dance of the United
Progressive Club on May 22, 2003;
2929
Legislative Resolution Number 1818,
commending Daniel Luu upon the occasion of his
designation for special recognition at the
37th Annual Dinner Dance of the United
Progressive Club on May 22, 2003;
Legislation Resolution Number 1819,
commending Mark Treyger upon the occasion of
his designation for special recognition at the
37th Annual Dinner Dance of the United
Progressive Club on May 22, 2003;
Legislative Resolution Number 1820,
commending Kathleen Lavin upon the occasion of
her designation for special recognition at the
37th Annual Dinner Dance of the United
Progressive Club on May 22, 2003;
Legislative Resolution Number 1821,
commending Monsignor David Cassato upon the
occasion of his designation for special
recognition at the 37th Annual Dinner Dance at
the United Progressive Club on May 22, 2003;
And Legislative Resolution Number
1822, commending Sylvia LaCerra upon the
occasion of her designation for special
recognition at the 37th Annual Dinner Dance of
the United Progressive Club on May 22, 2003.
2930
ACTING PRESIDENT MARCELLINO: The
question is on Resolutions 1817 through 1822,
inclusive. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:
Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO: All
the resolutions are carried.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up the noncontroversial
calendar.
ACTING PRESIDENT MARCELLINO: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
108, by Senator Larkin, Senate Print 1225A, an
act to amend the Civil Practice Law and Rules,
in relation to authorizing.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
2931
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
360, by Senator Velella, Senate Print 3445, an
act to amend the Labor Law, in relation to air
temperature standards.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39. Nays,
1. Senator Meier recorded in the negative.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
374, by Senator Volker, Senate Print 2773 --
SENATOR HASSELL-THOMPSON: Lay it
aside.
2932
ACTING PRESIDENT MARCELLINO: Lay
the bill aside.
THE SECRETARY: Calendar Number
377, by Senator Wright, Senate Print 3078, an
act to amend the Criminal Procedure Law, in
relation to designating.
SENATOR LIZ KRUEGER: Lay it
aside.
ACTING PRESIDENT MARCELLINO: Lay
the bill aside.
THE SECRETARY: Calendar Number
525, by Senator Velella, Senate Print 4380, an
act to amend Chapter 511 of the Laws of 1995,
relating to establishing.
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MARCELLINO: Lay
the bill aside for the day.
THE SECRETARY: Calendar Number
653, by Senator Fuschillo, Senate Print 4435,
an act to amend the Penal Law, in relation to
including an official law enforcement.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
2933
act shall take effect on the first of
November.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
654, by Senator Fuschillo, Senate Print 4436,
an act to amend the Penal Law, in relation to
identification.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
659, by Senator Trunzo, Senate Print 2566, an
2934
act to amend Chapter 672 of the Laws of 1993,
amending the Public Authorities Law.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
703, by Member of the Assembly Abbate,
Assembly Print Number 5104, an act to amend
the Education Law, in relation to the filing
of documents.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
2935
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
707, by the Assembly Committee on Rules,
Assembly Print Number 7913, an act to amend
the Civil Service Law, in relation to the
representation.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
714, by Senator Meier, Senate Print 4625A, an
act to amend the Social Services Law, in
relation to limiting eligibility.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
2936
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47. Nays,
1. Senator Parker recorded in the negative.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
750, by Senator LaValle, Senate Print 1659, an
act to amend the General Municipal Law, in
relation to retaining actuaries.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MARCELLINO: Can
we please keep it down a little bit. It's
hard to hear all the calls.
The bill is passed.
THE SECRETARY: Calendar Number
752, by Senator Skelos, Senate Print 1993, an
2937
act to amend Chapter 846 of the Laws of 1970,
amending the County Law.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
755, by Member of the Assembly Weisenberg,
Assembly Print Number 5787, an act to amend
Chapter 676 of the Laws of 1978, amending the
Town Law.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
2938
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
765, by Senator Maziarz, Senate Print 565B, an
act to amend the Real Property Law, in
relation to requiring a manufactured home park
owner.
ACTING PRESIDENT MARCELLINO:
Read the last section, please.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
767, by Senator Farley, Senate Print 2058, an
act to amend the Public Housing Law, in
relation to creating the Town of Glenville
Housing Authority.
ACTING PRESIDENT MARCELLINO:
There is a home-rule message at the desk.
Read the last section.
2939
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
775, by Senator Bonacic, Senate Print 4832, an
act to amend the Private Housing Finance Law,
in relation to an increase in bond and note
authorization.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
833, by Senator Padavan, Senate Print 24A, an
2940
act to --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MARCELLINO: Lay
the bill aside.
SENATOR PADAVAN: Kindly lay that
aside for the day, please.
ACTING PRESIDENT MARCELLINO: Lay
the bill aside for the day at the request of
the sponsor.
THE SECRETARY: Calendar Number
842, by Senator --
ACTING PRESIDENT MARCELLINO:
Excuse me one second.
Senators, please take your
conversations outside. It's very difficult to
hear.
The Clerk will continue to read,
please.
THE SECRETARY: Calendar Number
842, by Senator Marcellino, Senate Print 761,
an act to amend the Executive Law, in relation
to designating September 11th as "9/11
Remembrance Day," a day of commemoration.
ACTING PRESIDENT MARCELLINO:
2941
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
843, by Senator Marcellino, Senate Print 762,
an act to amend the Executive Law, in relation
to display of the flag on 9/11 Remembrance
Day.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
2942
852, by Senator Morahan, Senate Print 2109, an
act to amend the State Finance Law, in
relation to making a technical correction.
ACTING PRESIDENT MARCELLINO:
Read the last section, please.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
886, by Senator Flanagan, Senate Print --
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MARCELLINO: Lay
the bill aside for the day.
THE SECRETARY: Calendar Number
920, by Senator Balboni, Senate Print 3579, an
act to amend the Penal Law, in relation to
nuclear-powered electric generating
facilities.
SENATOR SCHNEIDERMAN: Lay it
2943
aside.
ACTING PRESIDENT MARCELLINO: Lay
the bill aside.
THE SECRETARY: Calendar Number
922, by Senator Balboni, Senate Print 41 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MARCELLINO: Lay
the bill aside.
THE SECRETARY: Calendar Number
924, by Senator Balboni --
SENATOR SCHNEIDERMAN: Lay that
aside too.
ACTING PRESIDENT MARCELLINO: Lay
that one aside too.
THE SECRETARY: Calendar Number
926, by Senator Balboni --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MARCELLINO: I'm
shocked to hear that.
Lay it aside.
THE SECRETARY: Calendar Number
934, by Senator DeFrancisco, Senate Print
4700, an act to amend Chapter 912 of the Laws
2944
of 1920, relating to the regulation of boxing
and wrestling.
ACTING PRESIDENT MARCELLINO:
Read the last section, please.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
938, by Senator Spano, Senate Print 1522, an
act to amend the charter of the City of White
Plains, in relation to the police pension
fund.
ACTING PRESIDENT MARCELLINO:
There is a home-rule message at the desk.
Please read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
2945
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
965, by Senator Stachowski, Senate Print 868,
an act to amend the General Municipal Law, in
relation to general requirements of service
award programs.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
980, by Senator Leibell, Senate Print 2999A,
an act to amend Chapter 742 of the Laws of
1971 relating to incorporating.
ACTING PRESIDENT MARCELLINO:
Read the last section, please.
THE SECRETARY: Section 2. This
2946
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
995, by Senator Little, Senate Print 4332, an
act to amend the General Municipal Law, in
relation to the exemption of certain cities.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
1029, by Senator Seward, Senate Print 4374, an
act to authorize the Town of Westerlo, County
of Albany, to grant an easement.
2947
ACTING PRESIDENT MARCELLINO:
There is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MARCELLINO:
Senator Skelos.
SENATOR SKELOS: With the consent
of the Minority, could we please take up
Senator Balboni's bills, 920, 922, 924, and
926.
Obviously we'll vote individually
on each bill, but I think we are going to have
a general discussion on the package of bills
presented by Senator Balboni.
ACTING PRESIDENT MARCELLINO: The
2948
Secretary will read.
THE SECRETARY: Calendar Number
920, by Senator Balboni, Senate Print 3579, an
act to amend the Penal Law, in relation to
nuclear-powered electric generating
facilities.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MARCELLINO:
Senator Balboni, an explanation, I assume for
all your bills, inclusive, has been asked for
by Senator Schneiderman.
SENATOR BALBONI: Thank you very
much, Mr. President.
And I'd like to thank Senator
Schneiderman for permitting me the opportunity
to talk about these bills in context.
There are four measures on the
calendar today that deal with the ongoing
effort to try to improve the security of our
homeland. And of course we consider these
measures against the backdrop of a heightened
alert in this nation.
Some of these ideas expressed today
have been developed through a series of
2949
hearings that have been done around the state
by the Committee on Veterans, Homeland
Security and Military Affairs. And towards
that end, I'd like to thank many of the
members on both sides of the aisle for their
consideration and contribution to these ideas.
Several of the bills deal with the
ability to limit the vulnerable infrastructure
of this state. And as we see today, that this
is an issue that continues to resonate not
only in this state --
ACTING PRESIDENT MARCELLINO:
Excuse me. Excuse me, Senator.
Senators, please.
Thank you, Senator.
SENATOR BALBONI: -- but of
course across the country itself.
In addition to which, there is a
bill on the calendar that attempts to put into
statute many of the efforts that have been
done by local municipalities, from the City of
New York to the County of Erie, that have been
successful strategies in terms of emergency
response and preparation.
But I also want to take this
2950
opportunity to perhaps put into context where
we have come since September 11th.
My colleagues, I have -- in my 13
years in state government, I have never spent
as much time on any issue, ever, as this one,
both from a national and from a state
perspective. And I can truly tell you that
since September 11th we have gotten stronger
as a state. And many of the things that we
have been able to achieve, the public has not
seen.
One of the bills today codifies,
puts into statute, the Office of Public
Security. Now, that is an office whose
function is not broadly understood by the
public or, I daresay, by many of those in
government.
I've met on numerous occasions, and
I will tell you there are talented,
intelligent, experienced officials from all
walks of government who, when they get up in
the morning until they go to bed at night, do
nothing but worry about the security of this
state.
In addition to which, we have had
2951
unprecedented communication and cooperation
between levels of government. That is the
thing that we've been able to achieve through
these efforts.
And there's one person who's
responsible for that, in my opinion: the
governor, Governor George Pataki. He has
spent a tremendous amount of time and effort
and concern about this issue, but he also
realizes that we have much work to do.
Now, it was asked earlier from a
discussion with Senator Schneiderman, you
know, which of these bills are real? Which of
the bills are going to happen? Well, as you
know, there's been a deafening silence from
our friends across the hall in terms of their
bill package, though there are stirrings of
life.
I believe now that the Assembly is
going to be taking an active look at these
bills. And the ones that we're negotiating
right now today is the Chemical Plant Security
Act, which is on the calendar today, and also
I believe that they're going to be taking a
very close look at the codification of the
2952
Office of Public Security.
Let me just run down quickly the
four bills that are before us.
The first bill would change the law
as it relates to nuclear facilities. There
was a glitch in the law that when the law was
originally established, nuclear facilities
were anticipated to be publicly owned.
Private ownership was not considered. And
therefore, there's a glitch in the law.
And I'd like to thank Senator Jim
Wright for his experience and information on
this particular issue.
So basically what we do is now we
increase the penalties for anyone who would
trespass on a nuclear facility, obviously
recognizing the potential for disaster and
calamity should an attack be made on a nuclear
generating facility.
The second bill is a Chemical Plant
Security Act that I and my office have been
working on for several months. We've been
discussing this with industry representatives
and I believe have come across with a
comprehensive approach that will, again,
2953
harden the infrastructure.
And essentially the way the system
works is the Office of Public Security would
go out and do a survey of the chemical
facilities across the state, determine which
are the most dangerous or the most vulnerable
of those facilities, and that would be
predicated upon the discussion of the
proximity to population centers, the type of
chemicals that are stored there, and the ease
or the access which a terrorist could have in
trying to get to that facility.
And then, once that list is
developed, go to those proprietors and say to
them: You've got to change the way you do
your security. And there could be a whole
host of different measures, including
additional security personnel, setbacks,
monitors, fencing.
And then once that plan is
developed by the facility, then that would be
overseen by the Office of Public Security.
And the third bill talks about
county disaster plans. If you take a look at
the Executive Law, Article II, you can see
2954
that many of the plans that have been
developed are antiquated. They don't take
into account any of the recent threats that we
have seen -- chemical, biological,
radiological, or nuclear. And therefore, we
update those plans.
And in addition to which, we then
go into many of the elements that have been
successfully implemented in places like the
City of New York. The City of New York has
been a pioneer. And I've got to compliment
Commissioner Tom Frieden for his work in this
area, two elements in particular: syndromic
surveillance and the point-of-distribution
program for mass inoculations or the
distribution of antibiotics. Nowhere else in
the state or the nation have they come with
this type of sophistication that could handle
this type of patients at once.
And then, lastly, is the
codification of the Office of Public Security.
This bill I believe is essential because the
Governor, acting very swiftly, created this
office through executive order.
This office is providing a
2955
tremendous benefit to the residents of this
state, predominantly because it has brought
coordination and communication to government
law enforcement, not only in terms of the
local and state assets but also between the
federal and the state assets.
And it is this
intelligence-gathering and analysis and then
taking that information and providing it to
the men and women of law enforcement on the
street that has truly provided us with the
best defense we could have at this particular
point in time.
And I don't want this changed
should another administration come in with a
different perspective on this particular
issue. I want this put on the books.
That is the package of bills, Mr.
President. Let me end with one final comment.
People have said to me that this issue of
homeland security is one that has been made
too much of, that we really can't control our
destiny. What is going to happen is going to
happen, and therefore we should just try to go
along with our lives.
2956
Well, I can't tell you that we're
going to prevent any type of attack that may
or may not occur, but I can tell you this. We
have deterred and we have disrupted terrorist
organizations right here in this state, and
that's because we have made our cities harder
targets.
This is the work that needs to
continue. My colleagues, this is our time.
We'll be looked at from future generations to
determine how we responded to this threat and
this challenge. I hope that we are recognized
in the future as having taken real steps to
provide for the safety of the people of this
state.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:
Thank you.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Briefly,
Mr. President, on the bill. Or I'm actually
going to address all four of the bills that
Senator Balboni spoke about.
I agree in large part with what
Senator Balboni said. I do think that there
2957
are people who have attempted to grandstand on
issues related to homeland security. I think
there are a lot of pieces of legislation, and
we may speak about one later today, that
people attempt to move by dressing them up in
the framework of homeland security or the
danger of terrorism. And I think we have to
be very cautious about that.
I know Senator Balboni is working
hard, and we do have efforts underway. And I
would caution that it's a good time for us to
try to work with the Assembly to come to
agreement within the next month, before the
session expires, on bills where we actually
are close to making some modifications of the
law that could benefit our citizens.
But I would also urge that the most
fundamental defense we have is the same
defense we had before September 11th, and that
is well-paid, well-trained, highly motivated
law enforcement personnel who can work in
cooperation with our citizens, who are not
alienated from the citizenry, who are not
perceived as being separated from or in
conflict with our citizens.
2958
And we have to ensure, as we did
attempt to do in passing a legislative budget,
that the funds are there for the first line of
defense, and on that we cannot waiver. But
that really is our first line of defense. And
that's something that I know that on this side
of the aisle and in the Assembly there is a
strong commitment to. So I hope we can make
some of these bills law.
But let's not lose sight of the
most basic elements of security. We have to
have good law enforcement personnel, and we
have to ensure that they work in cooperation
with the public. If you have alienation
between the law enforcement community and the
public, you cannot possibly combat terrorism.
So I'm supporting this legislation,
and I hope that we can actually enact some
laws before we adjourn for this year.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:
Thank you, Senator Schneiderman.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. I just had one question,
2959
if the sponsor would yield.
ACTING PRESIDENT MARCELLINO:
Will the sponsor yield?
SENATOR BALBONI: Yes, I do.
ACTING PRESIDENT MARCELLINO: He
yields.
SENATOR HASSELL-THOMPSON: Thank
you.
Senator Balboni, there would be
seem to be no fiscal implications. But in
stepping up this law, do you see the state
taking a greater role in adding protection to
our existing nuclear plants -- i.e., at Indian
Point -- or any of our electrical facilities?
SENATOR BALBONI: Mr. President,
through you. Senator, as you're aware, the
Nuclear Regulatory Commission, which is a
federal agency, has the greatest control and
authority over the security at nuclear power
plants. And they have developed a strategy
that provides for consistency and for a robust
response at any one of the plants anywhere in
the nation.
To the extent that state law can
fill a glitch, as I believe we do here, we
2960
will enact those statutes.
But in terms of changing or
modifying the overall defense strategy of a
nuclear power plant, that really is a federal
issue.
ACTING PRESIDENT MARCELLINO:
Senator Hassell-Thompson.
Senator Balboni, do you yield for
another question?
SENATOR BALBONI: Yes, I do.
ACTING PRESIDENT MARCELLINO: He
yields.
SENATOR HASSELL-THOMPSON: That
tempts me, then, to ask another question.
Thank you, Senator Balboni.
If in fact -- because the Nuclear
Regulatory Commission does have that purview,
I'm not clear why we need to step up our state
laws in terms of enacting penal laws
strengthening that which appears to be in
place.
SENATOR BALBONI: Mr. President,
through you. The statute before us really
talks about one relatively minor aspect of
criminal behavior. That is, trespass.
2961
But the way that this figures into
a broader homeland security strategy is that
in order to commit acts of sabotage, you have
to be physically on the plant. And --
physical acts of sabotage. And therefore, the
precursor for any of those activities, either
in terms of scoping out the facilities,
determining the strength of defense, or
putting in place means of ingress that could
assist in any type of attack, would
necessarily be facilitated by trespass.
What we want to do is we want to
aggressively go after anybody who would do
that. And we felt, when we looked at the
entire scheme of laws that related to security
of nuclear power plants, that this was in
concert with those laws.
And like I said in the comments on
that section, this also filled a problem in
the law in that the original statute
anticipated public ownership of nuclear power
plants, when in fact the company of Entergy,
it's a private company. And therefore, many
of the protections afforded to public
ownership were not afforded to private
2962
ownership. So in this bill we changed that.
SENATOR HASSELL-THOMPSON: Okay.
Thank you.
ACTING PRESIDENT MARCELLINO:
Senator Volker, please.
SENATOR VOLKER: Mr. President,
very briefly.
I was with Senator Balboni in
Boston about a month ago. As I told the
people there at the -- this was a national
conference, and part of it was on homeland
security. And I said I was there as a staff
person for Senator Balboni, and some of the
old-timers laughed.
But Senator Balboni has done more
work than anybody -- maybe anybody in the
country, any legislator -- in working on
homeland security issues. They are very
difficult, complex. And I think he is really
to be commended for the enormous work that he
has done, and I mean that very sincerely. And
I know a little bit about this issue.
Senator Hassell-Thompson is on a
Minority task force that has been working on
this also.
2963
But let me just say a couple of
things about this orange alert that just
happened. I was watching on television this
morning, and I realize that there's a lot of
confusion as to what's going on here. And
they said: Well, what's the use of an alert?
I mean, what does it mean to us?
Well, for one thing in New York it
means we are now back at $6 million a day. We
spend about $6 million a day. Think about
that. That's $42 million a week.
And one of the reasons, I happen to
believe, that we -- one of the reasons I
unfortunately had to do a vote on tax
increases here is because of something that
wasn't mentioned. We have no idea how we're
going to pay for some of this homeland
security stuff.
Now, the Governor is working very
hard to find a way to do this. The feds are
doing some; we don't know exactly what.
But we must understand something.
What happened yesterday, when they went to
orange alert, a system clicked into action.
One of the things was security plants. All
2964
these plants are now checked more thoroughly.
Trains were stopped and searched. Planes were
shut down for a time and searched. It is not
as much for the public as it is for the system
to click in.
And probably New York -- and
Governor Ridge has said this to Governor
Pataki, we have, so far, the best system in
the country. In New York City, we spend a
tremendous amount because -- for the obvious
reasons.
So if anybody thinks that this is
some sort of game or a political game, they
are absolutely wrong. This is serious stuff.
And as Senator Balboni said, the
future of this country and how we are looked
at may well be determined by what happens in
the next year or so, because we are going to
be challenged enormously, both financially and
as a nation.
My only problem with some people
from the American Civil Liberties Union, from
the side that has continually said that we are
taking too much and we're restricting people's
rights too much, it's not us that's doing it,
2965
it's the people who are attacking us.
The people who are attacking us are
saying: You are not going to be able to do
the things that you've done in the past. You
can't fly the way you used to, you can't do
all these things. They're doing this to us.
I resent it deeply that a group of
people who hate us are causing us to be in a
situation where we have to do things we don't
want to do, to be annoyed as a nation, a
peaceful nation.
So I would only point out, this is
not a normal situation. It's all very well to
say that, well, if we give in to them, they
win. Oh, no, they don't. That's not true.
If we make mistakes, we can remedy it. But
there's one mistake we can't make, and that is
allow these people to do things to us like the
World Trade Center. At least we'll have a
chance, a fighting chance to make sure that
they can't do it again.
ACTING PRESIDENT MARCELLINO:
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
If the sponsor would yield, through you,
2966
Mr. President.
ACTING PRESIDENT MARCELLINO:
Senator Balboni, will you yield?
SENATOR BALBONI: Yes.
ACTING PRESIDENT MARCELLINO: He
yields, Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
I also -- it's clear to me that an
enormous amount of work has gone into these
bills, and I'm very impressed with the effort
made. But I do have several questions that I
think your bills raise, and I would like to
ask them, to start.
You talk about, in -- I forget the
number now, because I'm reading all four
together -- expanding county preparedness for
additional types of plants, including chemical
plants and other -- I'm sorry, expands the
definition of disaster to include an act of
biological, chemical, or radiological
terrorism, requires counties to include in
their existing disaster preparedness plans
sections to help mitigate terrorist attack.
So my question is, since -- up
until now, primarily this discussion has
2967
revolved around the safety of nuclear power
plants. And Senator Hassell-Thompson already
raised Indian Point.
But I think it's reasonable to
agree that many, many people feel that we have
not yet, and under federal authority we have
not yet adequately addressed preparedness in
the context of a nuclear power plant incident
or a terrorist attack on a nuclear power
plant.
Have you gone and taken a look at
what people think is wrong with the federal
model in the context of nuclear power plants,
to try to make improvements in what we would
do in preparedness for nuclear and all these
other long list of plants that you're talking
about?
SENATOR BALBONI: Yes, Mr.
President, through you. Senator Krueger, I am
not aware if you had an opportunity to look at
the op-ed page of the New York Times
yesterday. There were two articles that were
laid side by side that spoke about the Witt
report that was prepared and released last
November and criticized the sufficiency of the
2968
evacuation plans.
And the column on the left-hand
side of the op-ed piece -- and I apologize, I
forget the author -- laid out the argument
that the reality of any type of release from a
nuclear power plant did not require the
broad-based evacuation that the Witt report
spoke about.
In other words, that the evacuation
requirements -- or the evacuation plans as
required by the nuclear regulatory agencies is
a template that is one-size-fits-all and
considers a radius that is perhaps larger than
would actually be needed, given the physics
involved with that type of release.
Now, that was one argument by one
individual. I have heard that criticism many
times over, that the Witt report was strong on
process but not on science. And this touches
upon a lot of aspects about radiation that
have become very difficult issues for this
nation to come to grips with.
Ironically, Mr. President, of all
the threats that we would consider from a
terrorist perspective -- chemical, biological,
2969
radiological, or nuclear -- radiological is
one of the most frightening.
And what's -- the significance of
that is that from an emergency management
planning perspective, you don't know how to
judge the public's response. And the level of
panic in a response will determine how
successful or how dismally -- what a dismal
failure your plans are in the actual
application.
So a lot of people have become very
concerned about nuclear power plants.
Frankly, from my own perspective, through many
briefings from Washington and around the
country, I've come to believe that there are
threats that I don't want to detail here that
are much greater from other sources than a
nuclear power plant release.
That's not to mitigate -- I mean,
not to diminish that threat. It is a threat.
It is something of concern. But there are
other things that we have not addressed that
in my opinion are much more significant in
terms of loss of life and property.
And, you know, remember the
2970
timeline. We don't know when the terrorists
will strike. Hopefully, they will never
strike again. We don't know what their plans
are. So we're running against the clock.
And as I've described so often,
this is a -- public security is a huge onion
where you take off a layer and it's a
different issue. And each issue has its own
complexities and challenges.
And it's my view that the federal
and the state governments are trying as hard
as they can to prioritize the threats in terms
of exposure, population, economic disruption.
And power plants are up there, but there are
threats that are greater.
Having said that, let me be
responsive. This bill is but one piece of a
much larger matrix of regulations and controls
on this industry. I have not gotten a chance
to come to a definitive answer as to whether
or not nuclear power plants are safe from
terrorist acts. I don't think that there's
one expert that agrees with another one as to
whether or not nuclear plants are safe.
I'll tell you this, though. The
2971
nuclear regulatory agencies are very aware
about this. There has been tremendous
political pressure as well as governmental
pressure to try to review the security
operations of these plants to make sure that
they're at the best level possible. And I
know that they've taken every step possible
that they could do.
That still leaves other questions.
But nonetheless, the bill here today is just
one little corner of that very complex issue.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the
sponsor would continue to yield.
ACTING PRESIDENT MARCELLINO:
Proceed, Senator.
SENATOR BALBONI: Yes, I do,
Mr. President.
SENATOR LIZ KRUEGER: Thank you.
Well, I agree and disagree with
your analysis. I agree that there are other
hazards out there and respect that we should
be doing emergency preparedness for it.
The reason I was raising the
question about emergency preparedness -- and
2972
my concern about that actually does relate
right back to nuclear power -- if you were to
take a look at the reports done by the
National Institutes of Health after the Three
Mile Island incident in Pennsylvania 23, 24
years ago now, what we learned from those
reports is that despite preparedness plans and
evacuation plans, none of it worked because of
something you just said, panic -- panic in
response to something such as a nuclear power
plant risk of explosion.
And so no matter what the plans
were in that situation, the police did not go
to their assigned locations, they took their
families and ran. As I think all of us would
understand. The people who were supposed to
go to the hospitals took their families and
ran. The people who were supposed to
coordinate traffic control didn't show up to
coordinate traffic control, they took their
families and ran.
Whoever knew early, left. And it's
a perfectly natural, understandable reaction
to the threat of a nuclear power plant
exploding.
2973
It's my argument for why I don't
believe we can make nuclear power plants safe.
And I feel stronger about it now because we do
live in a time of terrorism, and, as you just
said, we don't know what, when, and where.
And that is terrifying in the context of a
nuclear power plant risk.
Although I think that the Three
Mile Island research is very relevant for
looking at your own proposed plans for
preparedness in hopefully less horrendous
scenarios of chemical plants and other sites
that could be risky.
So again, I would ask that we take
a look at what's been learned from other parts
of the country preterrorism concerns vis-a-vis
nuclear preparedness and other types of
evacuation plans.
But my actual question is, on your
definition of chemical plants that would now
have to be included in these categories, do
you include things like research labs that are
working with what can be dangerous and
airborne substances, such as research labs
that are experimenting with anthrax or other
2974
types of chemicals? Not illegally, by the
way. They have approval.
But they have -- they're in
laboratory settings, very often associated
with universities or hospitals, where, again,
a terrorist attack would result in airborne
release of what can be some incredibly
dangerous chemicals or diseases or viruses.
So I was wondering whether any of
your bills go into that.
SENATOR BALBONI: Mr. President,
through you, the particular legislation before
us defines "chemical facility" as a stationary
source defined in Section 112(R)2 of the Clean
Air Act. And the reason why we chose those is
because that's the most highly regulated
facilities we have.
Not included in that are the -- is
the description of the facilities you speak
of, research laboratories, unless they're
under this act.
However, that does not mean that
they're not -- that there hasn't been a
vulnerability assessment. Shortly after
September 11th, Governor Pataki formed a
2975
Weapons of Mass Destruction Task Force which
had members from many different groups,
including state police and other law
enforcement groups, and they did a survey of
vulnerable critical infrastructure around the
state.
And they have been working with the
FBI and other federal agencies, and now
Homeland Security, to not only identify but
then talk about how do you mitigate the
possibility of an intentional release and what
that release would mean.
So now that's another part of the
ongoing effort that's been made that, frankly,
I don't think the public is really aware of.
We are choosing this one industry,
though, to focus on. And, you know, something
I didn't get into, the reason why we chose the
chemical plant industry is not to pick on
them, but if anybody thinks back to last
February when the Exxon plant in Staten Island
burned, you know, that was an unintentional
explosion. And you saw the devastation.
You only have to go back to Bhopal,
India, and literally hundreds of thousands
2976
people who were killed as a result of that
chemical plant disaster.
The plants, should they become a
target of terrorism, a successful terrorist
act, the devastation would be unimaginable.
So given that -- the height of the
risk, given the fact that these plants need to
be on the radar screen but then they also need
to do things to mitigate these problems,
that's why we chose this particular strategy.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if through you the
sponsor would yield to an additional question.
ACTING PRESIDENT MARCELLINO:
Does the sponsor continue to yield?
SENATOR BALBONI: Yes, I do,
Mr. President.
ACTING PRESIDENT MARCELLINO: He
yields.
SENATOR LIZ KRUEGER: Thank you.
Is there anything in your bills --
because in a number of the preparedness and
inventory lists it talks about some
confidentiality clauses. Is there anything in
your bills that actually conflict with or
2977
override the federal Community Right to Know
Law which ensures that the public can get
access to information about a very long list,
through EPA, of chemicals and other agents
that people have the right to learn whether
they are being used in their community,
manufactured in their community, researched in
their community?
SENATOR BALBONI: Mr. President,
this statute -- this proposed statute before
us in no way, shape, or form affects any of
the existing state laws relative to the
operation or regulation of any type of
chemical plant.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, one more question of
the sponsor, if he would.
ACTING PRESIDENT MARCELLINO:
Does the sponsor yield?
SENATOR BALBONI: Yes, I do.
ACTING PRESIDENT MARCELLINO: He
yields.
SENATOR LIZ KRUEGER: Thank you.
In your bill you talk about the
bills, they don't require any new state costs.
2978
You factor in the $11.2 million that the
Governor put in for -- into the budget. But
you do highlight that there will be some
unknown costs to localities for having to
increase their preparedness plans and update
their systems.
I'm concerned that that can be
extraordinarily expensive, although I don't
disagree with the importance of doing it. And
I'm wondering whether we should be looking at,
at the state level, reevaluating state funds
to localities to help meet what I believe will
be very costly new requirements on them, and
also urging that federal funds, through the
various funding streams for antiterrorism
activity, get factored into being made
available to localities.
I can see for my city of New York,
when you just think of the sheer volume of
different companies and industries and
locations that would be affected by the
preparedness planning requirements, that the
costs might be extraordinary. And I am
concerned that we would be putting one more
unfunded mandate on our counties, towns, and
2979
cities.
SENATOR BALBONI: Mr. President,
through you, I appreciate this question very
much. I don't have the opportunity usually to
talk about this particular funding aspect.
The federal government has
approached the issue of emergency management
response and preparation with three categories
of fundings. The first category is through
the Office of Domestic Preparedness. And just
last week it was announced that the State of
New York would be receiving $96 million, the
City of New York $125 million. And these
monies would be utilized for first-responder
capabilities -- equipment, training, personnel
costs, administration.
In addition to which, FEMA
announced yesterday that there are two grants
that are going to be utilized for community
preparation amounting to approximately -- I
think it's $75 million each to the state and
the city for these programs.
And then, lastly, Health and Human
Services has developed a list of grant
proposals to address hospital preparedness in
2980
the event of a biological or chemical attack.
Now, to tell you that these funding
formulas are convoluted and complex is a vast
understatement. I will also tell you that
they are insufficient, given the scope and the
magnitude of the response and preparation
needed to bring our local communities up to
speed.
And, frankly, I know that it is
very expensive and the time that we've had
since September 11th, though it may seem like
a very, very long time away, hasn't really
been a lot of time, given, again, the
complexity and the enormity of the issue
itself.
But Washington needs to recognize
the enormous costs that the State of New York
and the City of New York are undertaking every
day. You heard Dale Volker talk about what
happens, what it means when we go to Code
Orange. That's the same thing for the state
and the city.
But to do a funding formula
predicated upon per-capita costs is
outrageous. And that's what Washington did in
2981
the first round of funding. As you know, the
federal budget of 2003 was the original
budget, and then you get a supplemental budget
of 2003.
And even though the grant levels,
particularly for the Office of Domestic
Preparedness, would add historic levels --
before this 2003 budget, the supplemental and
main budget, the funding levels were below a
billion dollars. They're over $2 billion now.
And the president's proposed budget for 2004
is $3 billion. So the level of money is
increasing, but yet so are the requests.
And yet to say -- and I don't want
to disparage anybody in Wyoming or Idaho, but
to say that for some reason they should get
more per capita than the State of New York,
given the level of threat, given what's
already happened here in this state, the
presence of critical assets, of landmarks --
these are all things that when you talk to
anybody in this realm of law enforcement, say
these are the targets, these are what the
terrorists are looking at, to say that we
should get less than people in other states is
2982
ridiculous. It's absolutely ridiculous.
Not -- not even talking about the
economic engine that is the City of New York
for the nation. Because we've seen what
happened after the World Trade Center attacks,
particularly as it related to the national
economy.
Having said that, I believe that
the federal funding formula is going to
change. I believe that it's going to focus
more on high-density vulnerable or threatened
populations with landmarks and critical
infrastructure. And that will only inure to
the benefit of what this state is doing.
As far as our local municipalities,
it is our task as legislators to advocate for
the most money possible. But more important
is not only the amount of money but how it
gets transferred to our local fire
departments. Whether it's in a city or a
village, a town, how they are prepared. And
that the preparation is done as a coordinated
preparation, not done in some hodgepodge.
That there is a well-thought-out, planned list
of equipment that works, that is going to fit
2983
into the needs of the community, that somebody
has thought about this from an overall
homeland security strategy, and that that
strategy is understood and is cooperated with
in the things that we do.
The pie of money is too small to do
it any other way. So if I have any criticisms
for the current state of affairs in terms of
the funding, that's my criticism. That in our
rush to try to get the money out the door,
we've not been able to come up with the type
of programs that really assist the state and
the locals in trying to handle this momentous
challenge.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, on the bills
briefly.
ACTING PRESIDENT MARCELLINO:
Senator Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
Actually, Senator Balboni just did
my speech on the bills, so thank you very much
for answering the question by pointing out the
things I wanted to highlight.
The federal money has been woefully
2984
inadequate. You pointed out Wyoming's share
is unjustifiable. Texas and Florida also
stand up there as apparently being -- Texas,
Florida, and Wyoming -- the three states who
are by definition somewhere in the federal
mind-set as being at the greatest risk of
terrorism when we know, of course, that it is
New York that is constantly on everyone's
lists of orange alert and high-priority
concerns for a follow-up attack.
You also highlighted, so I thank
you, one of the points I was trying to make,
want to make. For all of the dollars coming
through from the federal government -- and
they have been confusing and mixed and matched
and not rational, and they should be
rationalized -- in everything you were talking
about today in your proposals, the first
responders that are going to have to be more
prepared, who are going to have to respond to
all these, who are going to have to have the
training to deal with this, are in fact our
fire departments throughout the state.
And at least for New York City, not
a dollar of the new federal money is going for
2985
the fire department, even though they are the
first responders to biological hazards,
chemical hazards, oil spills -- as you were
describing before, any kind of hazmat
situation.
And yet in the City of New York we
are still finding ourselves proposing to cut
our fire force, our fire department, the
number of firefighters we have. I am sure
that there are parallel experiences going on
throughout the state.
And it shows to me that we are not
prioritizing where we should, we are not
demanding the money we ought to be getting
from the federal government to help New York
address the real costs that we have on a daily
basis, as Senator Volker was talking about.
And our own obligation to make sure that we
are using those monies where they need to be
used.
And I support your bills, even
though I'm sure I have issues with varieties
of pieces of them. But I think it is critical
for New York State not only to have a better
coordinated effort to protect our people and
2986
our communities, but to also speak out in one
voice to demand the fair share of federal
funds we ought to be receiving from the
federal government to ensure that we can
secure our communities and our safety.
And I would also urge us, on that
note, to speak out, to say to the federal
government if you continue to cut federal
taxes and drain the monies available for needs
like this, we will never be prepared.
Thank you very much, Mr. President.
ACTING PRESIDENT MARCELLINO:
Senator Wright.
SENATOR WRIGHT: Thank you, Mr.
President.
I rise in support of these bills
and want to take the opportunity to
acknowledge and commend Senator Balboni on the
leadership that he has demonstrated on this
issue. He not only has established himself as
a national leader but is helping New York
establish itself as a national leader.
By virtue of chairing the Energy
Committee, I've had occasion to spend a fair
amount of time with my colleague working on
2987
the issues that relate to the energy industry.
He's very diligent, very conscientious on
focusing on those issues, and also very
responsive to concerns being raised by myself
or being raised by the industry in terms of
workable solutions and being focused on what
maintains the reliability of the system and at
the same time protecting it.
We've had occasion to be briefed by
the industries, by the administration, and I
would join him in his assessment that the
administration has done a superior job and
once again has placed New York State in a
leadership role nationally because of those
concerted efforts that are being made.
From my perspective, these bills
are a step in the right direction. They're
the kind of solutions that are the beginning
of what will be a very comprehensive solution:
The evaluations and assessments and remedial
actions being initiated under the direction of
the administration; the same in terms of the
activities at the federal level, be they in
terms of the NRC as it relates to the nuclear
industry or in general in the overall arena of
2988
emergency preparedness in homeland security.
I think as New Yorkers we can be
confident of the steps that have been taken to
date, of the commitment of this
administration, of this Legislature to move
forward. And these bills that the Senator is
introducing and sponsoring today are testimony
to that. I'm pleased to cosponsor several of
them. I'm pleased to recommended them to my
colleagues this afternoon.
Thank you.
ACTING PRESIDENT MARCELLINO: Is
there any other Senator wishing to be heard?
Senator Diaz.
SENATOR DIAZ: Thank you, Mr.
President.
I would just like to speak on the
bill.
ACTING PRESIDENT MARCELLINO:
Senator Diaz, on the bill.
SENATOR DIAZ: I'm a member of
the Homeland Security Committee. I've been so
blessed, so honored to be part of that
committee under the leadership of Senator
Balboni.
2989
I think it's very important the
work that Senator Balboni is doing. I'm proud
to be a member, again, I'm saying, of that
committee and working with Senator Balboni to
bring that committee to the Bronx, because
there are people in the Bronx and in New York
City who will be able to benefit from the
intellect, the leadership, and the
well-coordinated committee that Senator
Balboni is the leader of.
I'm a member of many other
committees here. I'm proud to be a member of
all the committees. But one of them that I'm
very proud -- again, I'm going to say it, I'm
going to be repeating myself over and over,
I'm very proud to be a member of that
committee. And I congratulate Senator Balboni
on his leadership by introducing this
committee.
Again, my complaints, like always,
I'm a member of the committee and I would love
to be cosponsor of this bill, but I can never
be a member -- I mean, I've never been put
anywhere on the bills. So I'm waiting for the
day when in my committees, the ones that I'm a
2990
member of, they ask me to be a member in
sponsoring, cosponsoring some of the bills.
So I appreciate being a member of
the committee. I congratulate Senator
Balboni. Maybe next time let me cosponsor,
let me cosign on those bills.
Thank you.
ACTING PRESIDENT MARCELLINO: Any
other Senator wishing to be heard on these
bills?
The Secretary will read each bill
in sequence and separately.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
922, by Senator Balboni, Senate Print 4156B,
an act relating to enacting the Chemical
Security Act of 2003.
ACTING PRESIDENT MARCELLINO:
2991
Read the last section.
THE SECRETARY: Section 11. This
act shall take effect on the 90th day.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
924, by Senator Balboni, Senate Print 4749, an
act to amend the Executive Law, in relation to
local disaster preparedness plans.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of June.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Would you please
2992
call up Senator Wright's bill.
ACTING PRESIDENT MARCELLINO:
Senator Skelos, I think we have one more of
Senator Balboni's bills to call.
The Secretary will read.
THE SECRETARY: Calendar Number
926, by Senator Balboni, Senate Print 5031, an
act to amend the Executive Law, in relation to
the New York State Office of Public Security.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
The Secretary will read Senator
Wright's bill, Calendar Number 377.
THE SECRETARY: Calendar Number
377, by Senator Wright, Senate Print 3078, an
act to amend the Criminal Procedure Law, in
relation to designating.
2993
SENATOR LIZ KRUEGER:
Explanation, please.
ACTING PRESIDENT MARCELLINO:
Senator Wright, an explanation has been
requested by Senator Krueger.
SENATOR WRIGHT: Thank you, Mr.
President.
The bill before us this morning
amends the Criminal Procedure Law, adding an
additional designation of peace officer for
security personnel or employees of
nuclear-powered electric generating
facilities.
The background behind this bill is
currently, under existing NRC regulations,
there are certain powers and authorities
extended to security personnel of nuclear
plants that are in fact unique to other
facilities by virtue of being nuclear
facilities and under NRC direction and
guidance.
With the events of September 11th
and the heightened, increased security, we had
local law enforcement personnel working with
the security personnel at the nuclear
2994
facilities in enhancing and strengthening the
various security aspects of it.
As a result of that experience,
both parties, the nuclear plant security and
the local sheriff's department, offered a
series of recommendations to us. One of those
recommendations was to extend the power of
peace officer to the security personnel so
that that authority could be utilized outside
the existing perimeter of the facility as
currently regulated by the NRC.
As I said, this was endorsed by the
local sheriff, the reason for that being,
number one, his familiarity with the plant,
the security systems, the training, the annual
exercises, evaluations that they work through,
but also the experience of deploying his own
forces and personnel in excess of $800,000 in
one calendar year for the enhanced security
that could have easily been handled by the
existing personnel had they had this
additional peace officer authority.
So that is what is granted by this
legislation.
SENATOR LIZ KRUEGER: Mr.
2995
President, if the sponsor would yield, please.
ACTING PRESIDENT MARCELLINO:
Senator Wright, do you yield for a question?
SENATOR WRIGHT: Certainly, Mr.
President.
ACTING PRESIDENT MARCELLINO: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
I feel like I maybe I should ask
Senator Balboni to answer the question, rather
than you, given our last discussion.
But my real concern here is, what
is the training and qualifications of the
people we're defining as peace officers that
we want to give guns to at nuclear power
plants? I don't necessarily disagree that
that's a category of peace officer that should
have the right to bear arms.
I'm very, though, concerned, given
all of our concern here about security,
particularly at nuclear power plants, that
simply giving somebody who currently guards
these sites a gun is not adequate, and that we
should have some additional requirements, not
just on the training and qualifications of
2996
those people, but that perhaps under Senator
Balboni's earlier proposals -- well, he's not
here, I can't turn to him -- we should
actually be mandating that there be some state
police presence rather than private security.
So I was curious, what will be the
training standards that will be used for these
guards having guns?
SENATOR WRIGHT: Well, two
things. First of all, let me go back and
correct what I believe are some
misunderstandings, Senator.
And one relates to the level of
security and preparedness that existed at
nuclear facilities prior to September 11th.
In fact, they were probably some of the most
secure sites that you could find anywhere in
the nation. By virtue of being
nuclear-powered facilities, by virtue of the
recognition of their potential designation as
a target, they long have had paid security
personnel, trained security personnel, armed
security personnel; under NRC regulations,
extensive training requirements as well as the
authorized use of firearms and deadly force,
2997
restricted to the site.
We take this and go one step
further in their ability to move beyond the
perimeter and to act as a police officer. To
achieve that status, they in turn have to have
the additional training that peace officers
are required uniformly in the State of
New York.
And there literally are pages of
requirements that are established by the
New York State Municipal Police Council that
are applicable to the training requirements
for all full-time police officers, peace
officers.
So they will have all of the same
training that any other designated peace
officer has in this state, and, on top of
that, they will have the additional training
required by the NRC.
SENATOR LIZ KRUEGER: Mr.
President, if the sponsor would yield to an
additional question.
SENATOR WRIGHT: Yes, I will, Mr.
President.
ACTING PRESIDENT MARCELLINO: He
2998
yields.
SENATOR LIZ KRUEGER: Thank you.
Just to clarify, again, perhaps my
misunderstanding, you were saying that
security guards at nuclear power plants have
already been armed. This would expand the
number of people who have that eligibility?
Or how would this change that --
SENATOR WRIGHT: Mr. President,
through you, this enables the individuals to
have very specific authorities that are
designated under the statute of peace officer,
one being the power to make warrantless
arrests.
And, for example, this is a result
of the experience of being on-site for an
extended period of time. Inside the
parameters of the -- perimeters, excuse me,
perimeters of the facility, they can take
action to defend that facility and intercede.
Once you go beyond that perimeter,
that becomes the jurisdiction of law
enforcement and therefore either requires the
deployment of local law enforcement or their
response.
2999
Local law enforcement recommended
to us, and we have a letter of support from
the local sheriff, that, more appropriately,
by designating these individuals, they
literally can walk across that imaginary line,
conduct the necessary search, detain someone.
Otherwise, they're simply restricted to the
same authority you and I have, the ability to
say, "Hey, what are you doing?"
So they needed an authority beyond
that. They needed the ability to respond
without simply calling local law enforcement
away from their jurisdictional
responsibilities on a regular basis.
So you have the extension of
authority beyond the existing perimeters of
the nuclear site itself.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If the sponsor would yield
just to one more clarification.
SENATOR WRIGHT: Glad to, Mr.
President.
ACTING PRESIDENT MARCELLINO: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
3000
This is very informative, and I now definitely
have a different picture.
So as I understand your last
description, so we have peace officers, they
have the authority to carry guns now, but now
we're letting them leave the confines of
the --
SENATOR WRIGHT: That is correct.
SENATOR LIZ KRUEGER: -- power
plant to, I'll imagine, to pursue someone.
Does this broaden their authority
to outside of the power plant to conduct an
investigation of someone who's a suspect, or
only a pursuit?
SENATOR WRIGHT: Again, it's very
specific in terms of the definition of peace
officer.
They are clearly delineated in
Section 220 of the Criminal Procedure Law.
And it talks about the ability to make
warrantless arrests, the power to use physical
force and deadly physical force in preventing
an escape or making an arrest, the power to
carry out warrantless searches whenever such
searches are constitutionally permissible.
3001
That's part of the training, in case you
wanted to ask that question.
The power to issue appearance
tickets. It also talks about powers under the
Navigation Law, because frequently -- well, in
all instances nuclear plants are adjacent to
large bodies of water, and that's a potential
source of penetration of the perimeter as
well.
So there's nothing new that has not
been granted to other peace officers in the
state. It's simply making it available to
these trained individuals.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
Thank you.
SENATOR WRIGHT: Thank you,
Senator.
ACTING PRESIDENT MARCELLINO:
Senator Sabini.
SENATOR SABINI: Mr. President,
if the sponsor would yield for a question.
ACTING PRESIDENT MARCELLINO:
Senator Wright --
SENATOR WRIGHT: Certainly, Mr.
3002
President.
ACTING PRESIDENT MARCELLINO:
Senator Wright yields.
SENATOR SABINI: Senator Wright,
in the language of the bill it talks about
employees of nuclear power facilities other
than security personnel who might be involved
in an emergency evacuation -- I'm trying to
find the language of the bill, and I'm having
a hard time seeing it -- as part of any
security plan approved by the federal
operating licensing agency.
I'm wondering what kind of employee
is that. Because, for example, fire safety,
we have people that are deputized as part of
fire safety plans. Some of them are in this
room, for the Capitol. And I'm just wondering
what type of employee would be a nonsecurity
personnel who would be affected under this
definition.
SENATOR WRIGHT: That's a perfect
example, Senator, of someone that may be
involved.
In the on-site emergency response
plans and the off-site emergency response
3003
plans, all of the nuclear operators have a
very clear delineation of responsibility and
authority of various personnel, various
specific responsibilities designated to those
individuals when they are implementing those
plans, and all of that is subject to review,
comment, and approval by the NRC.
SENATOR SABINI: Again, Mr.
President, if the sponsor would yield for an
additional question.
ACTING PRESIDENT MARCELLINO:
Sponsor, do you yield?
SENATOR WRIGHT: Yes, I will, Mr.
President.
ACTING PRESIDENT MARCELLINO: The
sponsor yields, Senator.
SENATOR SABINI: Do these involve
like scientific personnel, clerical personnel?
I'm trying to get at who the nonsecurity
people involved in the plant are.
SENATOR WRIGHT: Essentially they
would be emergency management -- through you,
Mr. President, emergency management response
personnel that in a nuclear facility, many
operators have a dual -- many employees have a
3004
dual responsibility as part of that security
operation.
Specific security employees, but
fire safety response. They have their own
fire capabilities. Those are individuals that
typically would be important parts of the
emergency management plan.
SENATOR SABINI: Thank you, Mr.
President.
SENATOR WRIGHT: Thank you.
ACTING PRESIDENT MARCELLINO:
Senator Onorato.
SENATOR ONORATO: Mr. President,
will the sponsor yield?
ACTING PRESIDENT MARCELLINO:
Does the sponsor yield to a question?
SENATOR WRIGHT: Yes, I will, Mr.
President.
ACTING PRESIDENT MARCELLINO: The
sponsor yields, Senator.
SENATOR ONORATO: Senator Wright,
I'm fully in support of the legislation.
I was just wondering, I represent a
district in Queens that has the largest amount
of power-producing plants -- they are not
3005
nuclear. But what steps are we taking to
ensure that while we're ensuring the nuclear
plants are going to be a made a lot safer
because of the tremendous amount of physical
damage that could be done to the population --
but the other power-producing plants that are
in the municipal areas such that I represent
could also become prime targets.
And while they may not do the same
amount of physical damage that a nuclear plant
explosion would do, but by destroying the
power plants in the city of New York would
cause a tremendous amount of economic
devastation to the entire city of New York.
Why are we not addressing the needs
of the local power plants as a security
measure?
SENATOR WRIGHT: Through you, Mr.
President, the Senator once again has
demonstrated his knowledge of the energy
industry in his district.
We are, in fact, looking at those
issues. The Public Service Commission has
directed all of the utilities and operators to
conduct an evaluation, an assessment. They in
3006
turn have directed that an outside third party
look at and review that for any weaknesses,
any discrepancies in their existing security
and their plans.
In turn, there are a series of
enhancements that are recommended as a result
of those evaluations. And the Public Service
Commission, again, has another outside third
party review that for additional redundancy,
and safety is part of that overall evaluation.
The industry in general is
receiving a great deal of attention simply by
virtue, as you well point out, of the
sensitivity of the industry and the impact it
could have on our way of life, on our economy,
the whole issue of threatening the reliability
of energy generation.
So it's one that from the very
beginning both the state and the
administration, to its credit, started
quickly, with the Public Service Commission,
and the federal government have both focused
on and continue to focus on, not limited to
simply the plants but also the transmission
and distribution systems as well.
3007
ACTING PRESIDENT MARCELLINO: Is
there any other Senator wishing to be heard?
Read the last section.
I'm sorry. Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. Based on the conversation, I
would like to ask the Senator to yield to one
more question.
ACTING PRESIDENT MARCELLINO:
Senator Wright, will you yield to one more
question?
SENATOR WRIGHT: Yes, Mr.
President.
SENATOR LIZ KRUEGER: Thank you
so much. This did not occur to me until after
listening to the questions by my colleague
Senator Sabini.
So under your bill, Senator Wright,
if I am perhaps a deputized -- a fire
inspector in this plant, but I am somehow
deputized for security purposes, I would now
have the authority to carry a gun and
potentially pursue people off the site of the
plant or even instigate an investigation of
somebody believed to be a threat to the plant?
3008
I would have that level of peace officer
authority?
SENATOR WRIGHT: Mr. President,
through you. The first designation is the
decision by the NRC. And that of course is a
public document that is reflected in a plan
for on-site emergency response.
So any movement of personnel from
the most obscure position, if you will, to a
security responsibility would first occur in
that plan before this legislation ever took
effect.
Well, frankly, that's not going to
happen in very many instances. You only move
personnel from their primary designation when
they can be a real enhancement to your on-site
security and safety capabilities. So you're
not going to take someone that has absolutely
no relationship and put them in that role and
have that accepted by the NRC.
The more appropriate scenario is
the one that our colleague suggested, and that
is that you have someone in a fire safety
response capability that would be designated
for a dual purpose.
3009
SENATOR LIZ KRUEGER: Thank you,
Mr. President. Briefly on the bill.
ACTING PRESIDENT MARCELLINO:
Senator Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciate all the clarification,
because my concern of course was we would not
want Homer Simpsons carrying guns and chasing
people past the lines of nuclear power plants.
So thank you for the clarification.
ACTING PRESIDENT MARCELLINO: Any
other Senator wishing to be heard on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
374, by Senator Volker, Senate Print 2773, an
act to amend the Criminal Procedure Law.
SENATOR SABINI: Explanation.
3010
SENATOR VOLKER: Mr. President,
Senator Paterson was urging me not to do this
bill.
And Assemblyman Lentol just came
over here to tell me that they're probably not
going to do this in the Assembly in a big
hurry.
So I think, because of the lateness
of the day and the fact that I'm threatened
with all sorts of people that are going to
speak against the bill -- though it's a
wonderful bill, I must tell you -- but I think
we'll lay it aside and we'll do it for another
day. Okay?
(Sounds of exaggerated
disappointment.)
ACTING PRESIDENT MARCELLINO: Lay
the bill aside for the day.
Senator Bonacic, we do have some
housekeeping at the desk.
SENATOR BONACIC: Mr. President,
I'd like to return to --
ACTING PRESIDENT MARCELLINO:
Ladies and gentlemen, we have business to
conduct, please.
3011
SENATOR BONACIC: Mr. President,
I'd like to return to motions and resolutions.
We had a previous adopted
resolution, 816, by Senator Golden. And we
would like to open it up, put everyone on that
resolution concerning the anniversary of the
Brooklyn Bridge. And if anyone does not want
to be on it, please tell the chair.
ACTING PRESIDENT MARCELLINO: So
ordered.
SENATOR BONACIC: At this time,
I'd like to return to housekeeping.
ACTING PRESIDENT MARCELLINO:
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Mr. President, on
page Number 20 I offer the following
amendments to Calendar Number 455, Senate
Print Number 3344, and ask that said bill
retain its place on Third Reading Calendar, on
behalf of Senator Skelos.
ACTING PRESIDENT MARCELLINO: The
amendments will be accepted, and the bill will
retain its place on the Third Reading
Calendar.
3012
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MARCELLINO:
Senator Bonacic.
SENATOR BONACIC: Mr. President,
I'd now like to adjourn until Tuesday,
May 27th, at 3:00 p.m., intervening days being
legislative days.
ACTING PRESIDENT MARCELLINO: On
motion, the Senate stands adjourned until
Tuesday, May 27th, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 12:25 p.m., the
Senate adjourned.)