Regular Session - September 16, 2003
5581
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
September 16, 2003
2:17 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, September 15, the Senate met pursuant
to adjournment. The Journal of Saturday,
September 13, was read and approved. On
motion, Senate adjourned.
THE PRESIDENT: 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.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time call for an immediate
meeting of the Crime Victims Committee in the
Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Crime Victims
Committee in the Majority Conference Room.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe there's a privileged resolution at
the desk by Senator Connor. I would ask that
the title be read and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Connor, Legislative Resolution Number 2727,
commemorating the 100th Anniversary of
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Stuyvesant High School, to be celebrated on
October 19, 2003.
THE PRESIDENT: Senator Connor.
SENATOR CONNOR: Thank you, Madam
President.
If I could just comment briefly, my
coprime, Senator Maltese, is a distinguished
graduate of Stuyvesant High School. Many
other members of the Legislature that we've
served with over the years were graduates of
Stuyvesant. Senator Gold was very proud of
being a Stuyvesant alumni.
So I think the consciousness of the
country -- people became aware of Stuyvesant
two years ago when they saw those kids fleeing
on 9/11, since the school was just two blocks
from Ground Zero. But the school is now
having a year of celebration of its 100th
anniversary. I'm very proud to be a parent as
well as to represent it in my district.
And I also understand their
football team is celebrating its 99th or 100th
anniversary and may in fact be the oldest high
school football program in America.
So I would certainly, any of my
5585
colleagues who want to cosponsor this, I would
welcome that. I'm sure Senator Maltese would
welcome that as well, as the other coprime.
Thank you.
THE PRESIDENT: Senator Maltese.
SENATOR MALTESE: I would like to
extend appreciation to Senator Connor for
putting in this resolution. I know too that
his son is a present student at Stuyvesant.
As a member of the Stuyvesant
Alumni Board, I especially congratulate the
students and the faculty of Stuyvesant High
School. They were so close to Ground Zero,
and during that time they behaved in an
exemplary manner. And when some -- my mental
concerns were addressed, they -- despite some
apprehension, they all returned to class.
They have attended class on a regular basis,
the faculty members providing a wonderful
example.
It is a school that is without peer
in our country and draws, as it has for so
many years, from a cross-section of the entire
city and, in some cases, students from outside
the city and from other lands.
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It is a school that achieves
scientific awards from throughout the nation
for many of its students and provides an
example of what public education can be.
I second the -- I recommend the
adoption of the resolution.
THE PRESIDENT: All in favor of
the resolution please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe there's a privileged resolution by
Senator Morahan. I would ask that the title
be read and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Morahan, Legislative Resolution Number 2728,
commending Monsignor John J. Harrington upon
the occasion of his designation for special
honor by the Rockland County Association of
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the Knights of Columbus.
THE PRESIDENT: All in favor
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time adopt the Resolution
Calendar, with the exception of Resolutions
2474, 2475, and 2644.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar as stated by
Senator Bruno please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is so adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time call up Resolution 2644,
by Senator Balboni, which is a privileged
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resolution. And I would ask that it be read
in its entirety and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Balboni, Legislative Resolution Number 2644,
urging the New York State Congressional
Delegation to extend for an additional six
months the deadline for eligible families to
apply for compensation from the federal
September 11th Victim Compensation Fund of
2001.
"WHEREAS, The September 11th Victim
Compensation Fund of 2001 is part of
legislation passed by Congress and signed into
law by the President to provide compensation
for economic and noneconomic loss to
individuals or relatives of deceased
individuals who were killed or physically
injured as a result of the terrorist-related
aircraft crashes of September 11, 2001; and
"WHEREAS, The September 11th Victim
Compensation Fund of 2001 is designed to
provide an alternative to litigation for
5589
individuals who were physically injured or
killed as a result of the aircraft hijackings
and crashes on September 11, 2001; and
"WHEREAS, Approximately only
12 percent of the families of police officers,
paramedics, and firefighters killed in the
World Trade Center attack have applied to the
federal government's September 11th Victim
Compensation Fund of 2001; and
"WHEREAS, December 22, 2003, is the
last day that families may apply to the Fund.
As of September 2003, only 1,320 families of
the deceased, or 47 percent of those eligible,
had filed for benefits, and another 955 claims
have been filed for compensation for injuries
resulting from the attacks of September 11,
2001; and
"WHEREAS, Special Master Kenneth
Feinberg, the lawyer administering the Fund,
has met with New York City Mayor Michael
Bloomberg and has scheduled a nationwide
campaign in the fall of 2003 to persuade the
undecided to apply, with the hope to enlist
90 percent of those eligible to sign up; and
"WHEREAS, Kenneth Feinberg fears
5590
that many families will miss the December 22,
2003, deadline and be locked out of the Fund
forever. As part of his recruitment effort,
he will maintain extended hours for Fund
offices in New York, New Jersey, Connecticut,
Massachusetts, Virginia, and California; and
"WHEREAS, This Legislative Body
believes it would be contrary to public policy
and to the intent surrounding the creation of
the September 11th Victims' Compensation Fund
of 2001 that eligible families are denied
access to the fund simply because of the
expiration of the eligibility period; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to urge the
New York Delegation of the Congress of the
United States to extend for an additional six
months the deadline for eligible families to
apply for compensation from the federal
September 11 Victim Compensation Fund of 2001;
and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to each member of the United States
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Congressional Delegation of the State of
New York."
THE PRESIDENT: Senator Balboni.
SENATOR BALBONI: Thank you,
Madam President.
As we know, historically, the
victims' compensation fund is the largest
financial relief effort in the history of the
world. And the complexities attendant to this
fund and the application process are indeed
daunting, because we know September 11th
affected people across a wide spectrum of
emotional abilities and financial abilities.
And so it is my concern that,
having seen only 43 percent of those families
eligible to apply for the fund having applied,
with the average payout about $1.6 million,
that there's a real question as to why people
are not filing.
Many of the news accounts that you
read will say that there are many possible
reasons. Some are that the families wish to
pursue litigation, and that's entirely
appropriate and their decision. But others
hint that perhaps the families are too
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emotionally distraught at this particular
point in time, that they cannot deal with the
grief associated with having to fill the
papers out. And, moreover, there are some
that perhaps don't understand some of the
complexities or need assistance in applying.
This resolution calls on Congress
to extend the fund for another six months. It
is set to end on December 22nd of this year.
I also am going to announce that the Senate
Committee on Veterans, Homeland Security and
Military Affairs will be holding hearings on
this topic to see if we cannot try to discern
why some of the families are not applying and
perhaps see if there are programs that need to
be instituted immediately to assist families
who want to apply so that they can apply.
Madam President, the greatest thing
we can do in this state and in this nation is
to try to help those who need the assistance.
And I think this fund needs to be accessed,
and it truly would be a tragedy if those who
wanted to apply were not able to apply because
they simply were not ready or the complexities
were evading them.
5593
Madam President, I move the
resolution.
THE PRESIDENT: All in favor
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time relate the resolutions
2474 and 2475, privileged resolutions by
Senator Golden. I ask that the titles be read
and move for their immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Golden, Legislative Resolution Number 2474,
commemorating the 35th Anniversary of the
Chung Wah Commercial Broadcasting Company, to
be celebrated on August 19, 2003.
And by Senator Golden, Legislative
Resolution Number 2475, honoring the Sing Tao
Daily upon the occasion of its 65th
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Anniversary.
THE PRESIDENT: Senator Golden.
SENATOR GOLDEN: Yes, Madam
President, I ask that these two resolutions be
open to the floor for cosponsorship.
Thank you.
THE PRESIDENT: All those not
wishing to be sponsors of these resolutions
please notify the desk.
All those in favor of the
resolutions please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolutions
are adopted.
SENATOR BRUNO: Madam President.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: I believe there's
another privileged resolution at the desk, by
Senator Farley, myself, and Senator Breslin.
And I would ask that the title be read and
move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
5595
THE SECRETARY: By Senators
Farley, Bruno, and Breslin, Legislative
Resolution Number 2724, honoring Ed Dague upon
the occasion of his retirement after 19 years
of distinguished service to NewsChannel 13
WNYT, Albany, New York.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
I just want to say a few words
about Ed Dague, who I think everyone in this
chamber is well aware he was the anchor for
Channel 13 -- started with Channel 6 and WOKO
and all kinds of radio stations, with a
distinguished career. A graduate of RPI. He
was born and raised in Buffalo but came to the
Capital District, lived in Niskayuna for a
number of years; his children went to school
with my children.
Ed Dague has been a real legend in
this area in the news business, has done a
terrific job. He brought Channel 13 to number
one, both at 6:00 and at 11 o'clock. And Ed
is retiring after 19 years. I understand he's
still going to be doing some things. But I'm
5596
sure that everybody in this body recognize
this wonderful career that he's had.
Incidentally, I'd like to open this
up to anybody else who would like to be on it.
And with that, I'd like to wish Ed
Dague a very successful and happy retirement.
Thank you, Madam President.
THE PRESIDENT: Senator Bruno,
with your permission I'm going to ask any
member who does not wish to be a sponsor of
the resolution to please notify the desk.
All in favor of the resolution
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Investigations Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Investigations
5597
Committee in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there's a privileged resolution at
the desk by Senator Saland. Could we have the
title read and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Saland, Legislative Resolution Number 2459
commemorating the 150th Anniversary of the
National Union Bank of Kinderhook.
THE PRESIDENT: All in favor
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Transportation Committee in the Majority
5598
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Transportation
Committee in the Majority Conference Room.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Higher Education
Committee in the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Higher Education
Committee in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room. Following that, which we'll call off
the floor, there will be a meeting of the
Rules Committee. And then we shall move ahead
expeditiously.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Majority Conference Room, followed
immediately by a meeting of the Rules
5599
Committee.
ACTING PRESIDENT FUSCHILLO:
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT FUSCHILLO:
There will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
The Senate will stand at ease.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could
return to reports of standing committees, I
believe there's a report of the Rules
Committee at the desk. I ask that it be read
at this time.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
5600
following bills:
Senate Print 4034A, by Senator
Oppenheimer, an act authorizing the City of
New Rochelle;
5100A, by Senator LaValle, an act
in relation to authorizing the Town of
Southampton;
5702, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
5715, by Senator Farley, an act to
amend Chapter 305 of the Laws of 2003;
5720, by the Senate Committee on
Rules, an act to amend the Public Authorities
Law;
5725, by the Senate Committee on
Rules, an act to amend the County Law and the
Public Authorities Law;
5728, by Senator Wright, an act to
amend the Public Service Law;
And Senate Print 5729, by Senator
Seward, an act to amend the Insurance Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Skelos.
5601
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Skelos.
SENATOR SKELOS: If we could just
stand at ease for a moment.
ACTING PRESIDENT MEIER: The
Senate will stand at ease for a moment.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: There is a
second Resolution Calendar that's on the
desks. If we could return to motions and
resolutions, I move we adopt this Resolution
Calendar in its entirety.
ACTING PRESIDENT MEIER: Motions
5602
and resolutions.
All those in favor of adopting the
second Resolution Calendar signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
second Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Stand at ease,
please.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 4:09 p.m.)
(Whereupon, the Senate reconvened
at 4:10 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
would you please recognize Senator Duane.
ACTING PRESIDENT MEIER: Senator
Duane.
5603
SENATOR DUANE: Mr. President, I
wish to call up my bill, Print Number 5348,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1393, by Senator Duane, Senate Print 5348, an
act to amend Chapter 292 of the Laws of 1904.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
SENATOR DUANE: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR DUANE: And now, Mr.
President, I move to recommit the bill to the
Committee on Rules.
5604
ACTING PRESIDENT MEIER: So
ordered.
Senator Skelos.
SENATOR SKELOS: If we could now
go to the Finance Committee report and take up
the nominations of those who did not have to
appear.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations:
As a member of the Adirondack Park
Agency, Deanne Rehm, of Bolton Landing.
As members of the Administrative
Review Board for Professional Medical Conduct,
Stanley L. Grossman, M.D., of Newburgh, and
Datta G. Wagle, M.D., of Williamsville.
As a member of the State Banking
Board, George J. Vojta, of Bronxville.
As a member of the State Board of
Real Property Services, Marinus "Dutch"
Rovers, of Chazy.
As a member of the Saratoga-Capital
5605
District State Park, Recreation and Historic
Preservation Commission, Monica Bell, of
Saratoga Springs.
As Commissioner of the State
Insurance Fund, Eugene C. Mazzola, of Webster.
As a member of the Medical Advisory
Committee, Robert A. Schwartz, M.D., of
Manilus.
As a member of the Board of
Directors of the Roosevelt Island Operating
Corporation, Deborah B. Beck, of Roosevelt
Island.
As a member of the New York State
Urban Development Corporation, David H.
Feinberg, Esquire, of New York.
As members of the Advisory Council
on Alcoholism and Substance Abuse Services,
Philip Gianelli, M.D., of Flushing, and Daniel
M. Winch, of Newfield.
As a member of the Continuing Care
Retirement Community Council, Patricia M.
Williams, of Ithaca.
As members of the Mental Health
Services Council, Eve Hazel, Ph.D., of
New York City, and John V. Oldfield, Ph.D., of
5606
Syracuse.
As a member of the Minority Health
Council, William Lobbins, of Buffalo.
As a member of the Board of
Visitors of the Buffalo Psychiatric Center,
Lisa Michaelsen, of Lockport.
As a member of the Board of
Visitors of the Hudson Valley Developmental
Disabilities Services Office, Ann Nehrbauer,
of Hastings on the Hudson.
As a member of the Board of
Visitors of the Mohawk Valley Psychiatric
Center, William H. Privett, of Herkimer.
And as members of the Board of
Visitors of the Rochester Psychiatric Center,
Eileen W. Farlow, of Rochester, and Constance
Miller, of Corfu.
ACTING PRESIDENT MEIER: Senator
Skelos.
Senator Johnson.
SENATOR JOHNSON: Move the
nominations.
ACTING PRESIDENT MEIER: The
question is on the confirmation of the
nominees. All those in favor signify by
5607
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominees are confirmed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please take up the confirmation of
Scott D. Hess, sheriff of Orleans County.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nomination:
As Sheriff of Orleans County, Scott
D. Hess, of Albion.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Move the
nomination.
ACTING PRESIDENT MEIER: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
5608
much, Mr. President.
It's a pleasure for me to rise in
support of the nomination of Scott D. Hess,
who has, along with his wife and two children,
particularly his son, been waiting very
patiently here for this confirmation process
to go forward.
Scott Hess is a career law
enforcement officer. Prior to taking over the
reins of the Orleans County Sheriff's
Department, he was a police officer and a
police chief of the Village of Albion Police
Department.
And Governor Pataki has made an
excellent choice in Scott Hess, somebody who
is going to do the citizens of Orleans County
very proud and we are certain will be
confirmed by the voters this coming November.
Thank you very much, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Scott Hess
as Sheriff of Orleans County. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
5609
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Sheriff Hess is here with us in the
gallery, and he's accompanied by his wife and
his daughter, I believe. I'm sorry, and his
son.
Sheriff, congratulations, and we
wish you well with your important duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As Superintendent
of State Police, Wayne E. Bennett, of Clifton
Park.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Move the
confirmation.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Wayne E.
Bennett as Superintendent of the State Police.
All those in favor signify --
Senator Wright.
5610
SENATOR WRIGHT: Thank you, Mr.
President.
It's my honor to rise and endorse
the Governor's nomination of Wayne Bennett to
be superintendent of State Police.
I think everyone who has had
occasion to spend time with Wayne today and to
review his resume recognizes that we have an
individual with the credentials of a
consummate professional; more importantly, an
entire career that had been spent with the
New York State Police.
And it's been my experience in
knowing Mr. Bennett and spending some time
with him that he is the epitome of that
professionalism that we all expect of our
State Police, and he embodies those traditions
of the State Police.
As he said during his confirmation,
this is a goal and an ambition that he has had
since he was 12 years old. We can be proud as
a state that we have an individual who has,
throughout that 35-year career, exemplified
himself as a representative of New York State
and a representative of the State Police.
5611
On a personal note, I've had
occasion to know him and his wife for several
years now and want to make full disclosure of
that relationship. He is a gentleman who
takes my two sons fishing, and they come home
with fish every time, which is important for
them and certainly important for me.
It's a pleasure to stand here and
encourage my colleagues to support the
confirmation of Wayne Bennett. The Governor
has made an excellent choice. The State
Police knows that; the State of New York will
know that soon.
Wayne, best wishes.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Thank you, Mr.
President.
I also rise to support and second
the nomination of Wayne Bennett, who is really
a trooper's trooper.
As you read his resume, he's come
up through the ranks, had a splendid,
outstanding career in law enforcement, done
almost everything and served throughout the
5612
entire unit. Not only is this a great
appointment, it's something that makes every
trooper feel proud that somebody can succeed
within their ranks.
Wayne Bennett is an outstanding
example of law enforcement. He's also a
graduate of the State University at Albany,
and he was my student. So I'm very proud of
him.
Congratulations, Wayne.
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President.
Mr. President and my colleagues, I
rise to join my distinguished colleagues in
praising Governor Pataki's appointment to
serve as the new superintendent of the
New York State Police. Wayne Bennett, as was
stated by Senator Wright [sic], is a trooper's
trooper, one who has been in all aspects of
police work across the great Empire State.
We have in New York a police force
that we all can be very proud of in the form
of the New York State Police. In my opinion,
5613
this force is second to none for a force any
place in the nation, if not the world. And
what we have in this nominee, Mr. President,
is an individual who will shine as he has
shined throughout his career in law
enforcement and public service.
It's extremely important that this
body support the actions of our New York State
Police, provide them, in this day of
hypertension, of high alerts, of security
risks, to provide them with the tools
necessary to do their job, and their job is
getting increasingly more difficult and more
important with each passing day. That's why
the new superintendent has to be the caliber
of the individual who is nominated.
And I join my colleagues in
endorsing his candidacy, praising the
candidacy of Wayne Bennett, and look forward
to working with him as he undertakes this very
important job as superintendent of the
New York State Police.
I support the nomination and will
vote aye.
Thank you, Mr. President.
5614
ACTING PRESIDENT MEIER: Senator
Hoffmann.
SENATOR HOFFMANN: Thank you, Mr.
President.
I too join my colleagues in
complimenting the Governor on this outstanding
choice in the gentleman before us today to
assume a post that has become increasingly
challenging in recent years.
Many of us have come to know
members of the State Police far better than we
ever expected. In this changing arena where
security has been heightened and all of us
have had to modify our lifestyles, we now
appreciate in greater fullness the tremendous
responsibility placed on the men and women who
wear the uniforms of the New York State
troopers.
I was fortunate enough to be at the
state fair on the day that the Governor
arrived to open the fair, the opening day.
The fair is an occasion that we all look
forward to. But it was also marked this year
by the announcement that Wayne Bennett had
been named as acting superintendent.
5615
And it was a very interesting
phenomenon for me to observe the other members
of the State Police in the Governor's guard
that day and from across the state who police
the state fair for the million people who
visit it, all celebrating this appointment.
Because Superintendent Bennett has come up
through the ranks, they have confidence in his
leadership. They've all had the opportunity
to work with him, and they feel a great sense
of pride in this experience that we're all
sharing today.
So again, my compliments to the
Governor and my heartfelt wishes to
Superintendent Bennett and his family on this
outstanding achievement.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Wayne E.
Bennett as Superintendent of the New York
State Police. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
5616
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Superintendent Bennett is with us
today. He is accompanied by his wife,
Patricia; his mother, Eleanor; his
mother-in-law, Helen Iandoli, and his
father-in-law, Dr. Edward Iandoli.
And, Superintendent, we
congratulate you and wish you well.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As Commissioner
of Taxation and Finance, Andrew S. Eristoff,
Esquire, of New York City.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Move the
nomination.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
I'd like to just speak on the nomination of
Andrew Eristoff for the position of
Commissioner of Taxation and Finance.
5617
I've had the privilege of knowing
Andrew for many years. He's a proven leader,
a distinguished career in public service. I
think many of us know him from sitting at the
side of Senator Roy Goodman, our former
colleague, when he served here, and giving
them him that advice that he always needed.
He served as a member of the New York City
council.
But I think what's even more
significant, and it speaks as to Andrew, is
that he is committed to a life of public
service. Many people can go in different
directions, but he has chosen to serve the
people of this great state.
We look forward to your continued
leadership in the Tax Department. I know that
you will do a great and fair job on behalf of
all the taxpayers of New York State.
Congratulations to you.
ACTING PRESIDENT MEIER: Senator
Onorato.
SENATOR ONORATO: Mr. President,
I rise to join with my colleagues in seconding
the nomination of Mr. Eristoff.
5618
I had the pleasure of serving with
his father, who did an outstanding job as the
Commissioner of Highways, later to become the
Department of Transportation.
And he certainly has a great deal
to offer this state, looking over his resume.
And I'm sure with his father's continued
advice, he will do the state exemplary well,
and I congratulate him and his family.
God bless you.
ACTING PRESIDENT MEIER: Senator
Larkin.
SENATOR LARKIN: Thank you, Mr.
President.
I've had the privilege of knowing
Andrew for many, many years, and his family.
Andrew has a wide background and experience in
dealing with the public. Those of us who
remember his journeyman as a council member in
the City of New York, his journey into the
Finance Commission in the City of New York.
And I've talked to members on both
sides of this aisle and all around, and they
always said one thing about Andrew: You got a
fair shake. You were able to present your
5619
case, and he listened to you, he didn't push
you off to somebody else. You know, that's a
tradition of Andrew since his youth. He's
always been someone who's willing to be a
partner to ensure that something positive
happens.
His selection by the Governor to be
the new Commissioner of Tax and Finance is a
real, real move in the right direction. We
have many, many problems in Tax and Finance.
We're fortunate enough to have someone who's
willing to tackle it, he has the background to
prove it, he's got the actual experience in
the city and now, the last eight or nine
months, in the Tax Department here in Albany.
I believe that Andrew will be one
of the finest tax commissioners we've ever
had, because he will put "personal" into that
personal addition of helping those who have a
need and a look-see to how they can respond to
the requirements of the Tax Department.
I congratulate you, Andrew.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you.
5620
I also rise in support of my constituent,
Andrew Eristoff's nomination to be
Commissioner of Taxation and Finance.
If Mr. Eristoff is even half as
diligent in pursuing tax cheats in our state
as he was in campaigning for the State Senate
last November, the people of New York will be
well served. Thank you.
Congratulations to you and your
wife and your parents.
ACTING PRESIDENT MEIER: Senator
Golden.
SENATOR GOLDEN: Thank you, sir.
Andrew, congratulations. You much
deserve this. You and your family have done
an outstanding service to the city and to the
state and to the federal government. This
body owes you, and you're doing an outstanding
job. And we're happy to see that you've been
moved to finance in the State of New York.
I had the privilege of working with
Andrew in the City Council. I had the
privilege of working with Andrew in the
Finance in the City of New York. And he was a
breath of fresh air in the City of New York.
5621
And he definitely is going to have
his challenges here in the state. But if he
does half the job that he did in the city, he
will be an outstanding finance person.
Thank you, Andrew. Good luck.
ACTING PRESIDENT MEIER: Senator
Sabini.
SENATOR SABINI: Thank you, Mr.
President. I also rise in support of
Commissioner Eristoff's nomination.
Having served a number of years on
the New York City Council with Commissioner
Eristoff, we partnered on many issues and many
bills in a bipartisan fashion, something we
could learn a little about here. And those
were successful efforts that are now in law.
There are few people I worked with
in that legislative body who worked harder or
cared more about their constituents than
Andrew Eristoff, and he has followed the fine
example set by his parents in public service,
in service to the people of the state, the
city, and to their needs both in government
and culturally. We salute the whole family.
And I want to join the chorus of
5622
accolades for Andrew S. Eristoff.
Thank you.
ACTING PRESIDENT MEIER: The
question is on the -- I'm sorry. Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Don't be
sorry yet.
Mr. President, I rise also to
support the nomination. I have known
Mr. Eristoff for some time. I think that what
makes me the most happy about his nomination
is that he is someone who understands the
budget crisis of the City of New York as few
people do.
And I hope that his addition to the
administration is going to enable us to begin
to address the systematic discrimination
against the city in many of the state's
programs providing funding and benefits to all
the people of our state. We have a crisis
that requires creativity, that requires
diligence, all qualities that Andrew Eristoff
certainly has.
And I do hope that his appointment
reflects the considered judgment by the
5623
Governor that we need to do more for the city
and we need to bring in someone who is a great
citizen of the City of New York and an
advocate for the City of New York who will
help us to address these problems.
And I urge the Commissioner to
stick around for the budget cleanup bill we're
about to pass that, I think he will note, does
not solve some of the critical problems we
have left over for the city.
So this is your first day on the on
the job, and I think that work starts now.
I support the nomination. I look
forward to actually working with Mr. Eristoff
starting today.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the
nomination?
The question is on the confirmation
of Andrew S. Eristoff as Commissioner of
Taxation and Finance. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
5624
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Commissioner Eristoff is with us
today in the gallery. He is accompanied by
his wife, Catherine; by his mother, Anne
Eristoff; and by his father, Constantine
Sidamon-Eristoff.
Commissioner, we congratulate you,
and we wish you well with your duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As president of
the New York State Higher Education Services
Corporation, Michael R. Wilton, Jr., of
Glenmont.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Move the
nomination.
ACTING PRESIDENT MEIER: Senator
Maziarz. Oh, I'm sorry, I didn't see Senator
LaValle. If we could defer to Senator LaValle
for a moment.
5625
SENATOR MAZIARZ: I will yield to
Senator LaValle.
SENATOR LaVALLE: Thank you,
Senator Maziarz.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LaVALLE: It's my
pleasure to rise and support this nomination.
Mr. Wilton appeared before the
Higher Education Committee and I believe
answered all the questions and received praise
from some of the members. I think the
Governor made an excellent appointment.
Mr. Wilton is bright, energetic, has skills in
government that he will bring as president to
the Higher Ed Services Corporation, and I
believe that that corporation will be well
served by his leadership.
ACTING PRESIDENT MEIER: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
I want to join my colleague Senator
LaValle. And my relationship with Mike Wilton
was a little bit different. For the last two
5626
and a half years I have worked on an almost
daily basis, I think, with Mike Wilton in his
role as president of the Niagara Falls USA
Redevelopment Corporation.
During that two-and-a-half-year
periodic that Governor Pataki put Mike in
charge of the redevelopment of Niagara Falls
and Niagara County, more, I think, has been
accomplished in that area than has been
accomplished in the last probably 40 years,
with the infusion of $47 million of
improvements into the state park at Niagara
Falls and certainly and most notably with the
advent of a new casino in the city of Niagara
Falls.
Not any of that would have
happened, that casino would not be open today,
it would not be employing over 2200 people
today had it not been for the diligent work of
Michael Wilton and his staff at Niagara USA
Redevelopment Corporation.
So I want to say that I think the
Higher Education Services Corporation is
getting an excellent leader, somebody who I
know will carry on the great tradition of
5627
higher education and financial assistance to
students in this state.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: Thank you, Mr.
President. I too want to join my colleagues
Senator LaValle and Senator Maziarz in
praising the Governor for making this
appointment of Michael Wilton.
Like Senator Maziarz, I had the
opportunity to work with Michael Wilton in his
capacity as president of the USA Niagara
Redevelopment Corporation. And before Mike
Wilton and his involvement with that
corporation, as we all know, Niagara Falls was
economically on its knees. Today, Niagara
Falls is a community that economically is
moving. The residents have hope. In all of
Niagara County, there is a bright promise for
the future. And Mike Wilton is very much
responsible for that in his capacity as
president of that organization.
I have found him to be bright,
hardworking, creative, willing to listen, and
5628
someone that is incredibly accessible. I
think he will do a tremendous job as president
of the New York State Higher Education
Services Corporation and wish him well in this
appointment.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the
nomination?
Senator Libous.
SENATOR LIBOUS: Mr. President, I
too have had the pleasure of knowing Mike
Wilton for the last eight years, in both a
professional and personal capacity, and I
concur with my colleagues that the Governor
has picked an outstanding candidate for this
position.
And the one thing about Mike that
I've certainly come to appreciate over the
years is that he is willing to listen, he is a
very compassionate person, and he will do an
outstanding job.
Michael, I wish you the best.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Michael
Wilton, Jr., as president of the Higher
5629
Education Services Corporation. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Michael Wilton is with us today in
the gallery. He's accompanied by his wife,
Karen; his son, Michael Patrick; and his
daughter, Grace.
And, Mike, we all here wish you
well, and we know you're going to do a great
job. Congratulations.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
the State Civil Service Commission, George C.
Sinnott, of Clifton Park.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Move the
nomination.
5630
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Thank you, Mr.
President.
The bio indicates that George
Sinnott lives in Clifton Park. I mean, I will
always think of him as my constituent from
Baldwin, Nassau County.
But I want to congratulate and
thank the Governor in his wisdom of
reappointing George as commissioner and
president of the New York State Civil Service
Commission.
There are many responsibilities in
protecting the rights of so many working men
and women in this state. George has been a
dear friend to me for probably over 25 years
now, and I believe you're probably the
longest-serving commissioner in the Pataki
administration. So I think that's wonderful,
and it speaks of your dedication as wanting to
continue to be a public servant and working
for all the people of the State of New York.
So, George, I congratulate you and
your family, and we will wish you the best of
5631
luck in the years to come. Congratulations.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the
nomination?
The question is on the confirmation
of --
Senator Andrews.
SENATOR SALAND: Thank you, Mr.
President. I rise to support the nomination
of Commissioner Sinnott.
When I first became a Senator about
a year and a half ago, one of the first
commissioners I met with was Commissioner
Sinnott. And I must say that his office has
extended the courtesies from his office and
has shown professionalism in my brief time in
knowing him, and I wholly support his
renomination to that position.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Yes, I want
to rise also and second the nomination and
praise Commissioner Sinnott.
Without question, he is the most
responsive commissioner of all that I deal
5632
with in my position in the State Senate --
always responds, always personally makes the
phone call back, and always does the best he
can to make problems go away and to resolve
issues for my constituents.
And I think it's important to
praise those commissioners that do have those
qualities, and, George, you're the best.
ACTING PRESIDENT MEIER: The
question is on the confirmation of George
Sinnott as a member of the New York State
Civil Service Commission. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Commissioner Sinnott is with us
today, and we congratulate you and wish you
well.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
5633
THE SECRETARY: As a member of
the Metropolitan Transportation Authority,
Mark Page, of Brooklyn.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Move the
nomination.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: Yes, I rise to
support this nomination of a fellow
Brooklynite who also uses subways and trains
to get to work from Brooklyn to Manhattan.
The Governor should be commended
for this nomination. Mark Page brings to this
position over a generation of service and
knowledge in the area of finance. He had
worked for both Democratic and Republican
mayors of the City of New York.
He's going into a very difficult
assignment. As Henry Kaiser once said:
"There's no such thing as a problem. A
problem is only an opportunity in work
clothes." And you're going into many, many
opportunities in work clothes.
5634
But I also believe in the
transferability of knowledge. And in terms of
your background in finance, I'm sure you'll
gain a great deal of knowledge in
transportation. There are many problems in
the area of finance and transportation. There
are many problems in the area of planning.
And there are many problems in the area of
process and involving the communities. And I
was delighted to learn today, in meeting him
for the first time, both in the Transportation
Committee and in the Finance Committee, that
he has every intention of meeting with
neighborhood and community leaders.
Again, I commend the Governor for
this appointment and support him
unequivocally.
Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to speak on the nomination?
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. As one of the Brooklyn Senators,
along with Senator Martin Dilán, who is
currently in the house, Senator Lachman,
5635
myself, Senator Carl Andrews, we have a person
who is not only just from New York City, but
he is also from Brooklyn. And he is from the
area of Brooklyn where -- Senator Marty
Connor, I think, represents him, in fact.
He's from the area of Brooklyn
where we have a very keen interest in issues
that he will be -- Mr. Page will be
specifically dealing with and voting on.
So we're looking forward,
certainly, not only just as New York City --
members of the New York City delegation but of
the Brooklyn delegation in particular, along
with members of the City Legislature and the
Assembly, to work with Mr. Page and the MTA
board on some of those issues that are
specifically of interest to us in Brooklyn.
So I want to just echo my
colleague, Seymour Lachman, that we're very
happy to support this nomination, since
essentially we can share in the fact that it
is a Brooklyn member that we finally have on
that board.
So thank you, Mr. President. I
support the -- I'm happy to second the
5636
nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Mark Page
as a member of the Metropolitan Transportation
Authority. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Mr. Page is with us today in the
gallery, and we congratulate you and wish you
well with your duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
the Adirondack Park Agency, Ross S. Whaley,
Ph.D., of Tupper Lake.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Move the
nomination.
5637
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Yes, I'd
like to second the nomination of Ross Whaley.
Ross was the president of the
Environmental Science and Forestry School in
Syracuse for many years, and we had an
incredible working relationship during that
period of time, involved with several programs
that we worked on together. And I can tell
you, this is a great appointment.
I knew that Ross was a very
energetic individual who was committed to the
school. I also knew that he knew how to lobby
appropriately to get what he needed for the
school. And I knew he was an educated man who
had incredible credentials. But not until I
read his resume really for the first time did
I realize what an incredible human being we
have here, with a perfect background for this
position.
So I applaud the Governor on his
nomination, and I also congratulate Ross. I
know he will do a fabulous job.
ACTING PRESIDENT MEIER: Senator
5638
Little.
SENATOR LITTLE: Thank you.
I rise today in support of the
nomination of Ross Whaley for the position of
chairman of the Adirondack Park Agency.
As the Senator who represents the
greatest part of the Adirondack Park in my
Senate district, I'd like to speak for a
moment about the importance of this position.
Mr. Whaley brings an impressive
resume to this position. Certainly his
experience as being president of the SUNY
College of Environmental Science and Forestry
in Syracuse is going to bring a lot of wealth
of knowledge of the forest products here. He
was also chairman of Governor Cuomo's task
force on the forest products industry in the
early nineties.
By education and training, he is an
economist. He has a B.S. in forestry and a
master's from Colorado State University in
forest economics, and a Ph.D. in natural
resources economics. This is critical,
because this position requires a delicate but
necessary balance between the environment and
5639
economics. And his background, I believe,
will help him in this way.
The 6 million acres of the
Adirondack Park, home to 72 towns and over
135,000 year-round residents, lists forest
products business as being one of their
greatest resources. And therefore I think
it's important and I recognize the Governor's
selection of Mr. Whaley for this position
because of his background in the forest
products. He'll be able to work and he has a
personal and working knowledge of the
difficulties and pressures the forest products
industry is now facing.
In talking to him, meeting with
him, I believe that he is a person that will
listen to the needs of the residents of the
Adirondack Park, to work with the local
governments, and to work with the
environmentalists as well and do a great deal
for the forest products industry in the
Adirondack Park.
Therefore, I speak in support and
look forward to working with Mr. Whaley as
chairman of the Adirondack Park Agency.
5640
Thank you.
ACTING PRESIDENT MEIER: Senator
Hoffmann.
SENATOR HOFFMANN: Thank you, Mr.
President.
I had the great pleasure of working
with Ross Whaley during his tenure as
president of the College of Environmental
Science and Forestry at Syracuse. He was in
that capacity a constituent, and also in his
residence he was a constituent. And I think
it speaks very well of his dedication to
forestry that he chose to retire to Tupper
Lake.
Much has been said about his
outstanding list of credentials. But I
suggest to all of you, if you haven't already
done so, please note that this large amount of
paper on your desk is increased by some 8 or 9
pages by President Whaley's resume. And among
the many achievements that you will see, he
has been a guest lecturer, a representative to
the U.N. on forestry issues, has been an
expert called to serve in many developing
countries, has appeared in places like
5641
Yugoslavia, in cities or towns with names that
I could not begin to pronounce, in places in
Hungary, in Argentina, in Finland. He is
known worldwide for his expertise on forestry.
But more than that, I think it's
important for us to recognize that Mr. Whaley
also had a compassion for the underprivileged.
He did the usual executive service on a number
of civic organizations, but he carried it
several steps further than many others would.
And I have not forgotten that, and I'm sure
that Senator Little will come to know him as
somebody who is a proud representative, not
only of the forest industry, but a dedicated
member of her constituency.
My greatest words of advice to
President Whaley in taking over the
chairmanship of the Adirondack Park Agency is
to work closely with Senator Little in
understanding that delicate balance of
economic development, of agriculture, and of
forest product industry activities. They are
sometimes very much in conflict, and it will
require the wisdom of Solomon to navigate the
minefields which you will incur in the future.
5642
But I'm sure, given your extensive
background and the temperate nature we know
you to have, as attested to by Senator
DeFrancisco, you will do well in this
position, and I wish you good luck.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the
nomination?
The question, then, is on the
confirmation of Dr. Ross S. Whaley as a member
of the Adirondack Park Agency. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Dr. Whaley is with us today in the
gallery, and we congratulate you and wish you
well with your duties.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Bruno.
5643
SENATOR BRUNO: Mr. President,
can we at this time take up the
noncontroversial reading of the Rules
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: In relation to
Calendar Number 1152, Senator LaValle moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8565A and substitute it
for the identical Senate Bill Number 5100A,
Third Reading Calendar 1152.
ACTING PRESIDENT MEIER:
Substitution ordered.
THE SECRETARY: Calendar Number
1152, by the Assembly Committee on Rules,
Assembly Print Number 8565A, an act in
relation to authorizing the Town of
Southampton.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
5644
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
The bill is passed.
THE SECRETARY: In relation to
Calendar Number 1172, Senator Oppenheimer
moves to discharge, from the Committee on
Rules, Assembly Bill Number 8340A and
substitute it for the identical Senate Bill
Number 4034A, Third Reading Calendar 1172.
ACTING PRESIDENT MEIER:
Substitution ordered.
There is a home-rule message at the
desk.
The Secretary will read.
THE SECRETARY: Calendar Number
1172, by the Assembly Committee on Rules,
Assembly Print Number 8340A, an act
authorizing the City of New Rochelle to sell
and convey.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
5645
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1697, Senator Marcellino moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9120 and substitute it
for the identical Senate Bill Number 5702,
Third Reading Calendar 1697.
ACTING PRESIDENT MEIER:
Substitution ordered.
SENATOR BROWN: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1701, by Senator Farley, Senate Print 5715, an
act to amend Chapter 305 of the Laws of 2003.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
5646
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1702, by the Senate Committee on Rules, Senate
Print Number 5720, an act to amend the
Public --
SENATOR BROWN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1703, by the Senate Committee on Rules, Senate
Print Number 5725, an act to amend the County
Law and the Public Authorities Law, in
relation to the distribution of monies.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR BROWN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
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1704, by Senator Wright, Senate Print 5728, an
act to amend the Public Service Law, in
relation to improvements to electric
transmission lines.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message.
SENATOR BRUNO: I would move that
we accept the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
SENATOR BROWN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1705, by Senator Seward, Senate Print 5729, an
5648
act to amend the Insurance Law, in relation to
the producer licensing model act.
SENATOR BRUNO: Is there a
message of necessity from the Governor at the
desk?
ACTING PRESIDENT MEIER: There is
a message.
SENATOR BRUNO: I would move that
we accept the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 49. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno, that completes the
noncontroversial reading of the Rules
calendar.
SENATOR BRUNO: Mr. President,
can we at this time take up the controversial
reading of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
1697, substituted earlier by the Assembly
Committee on Rules, Assembly Print Number
9120, an act to amend the Environmental
Conservation Law.
SENATOR BROWN: Explanation.
ACTING PRESIDENT MEIER: Senator
Marcellino, an explanation has been requested
by Senator Brown.
SENATOR MARCELLINO: Thank you,
Mr. President.
Seems like we've done this before,
only at a much earlier hour in the morning.
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I rise to explain this bill, but
briefly, because of everything else that's
been done. We've explained it many times.
It's in the record what this bill will do and
what it will not do.
But I would like to take this
opportunity to thank my colleague in the
Assembly, Tom DiNapoli, for his willingness to
seriously negotiate some very complicated
issues. And because of that willingness, we
have finally reached a compromise agreement
that sets strong environmental standards,
offers strong economic incentives to start the
cleanup of polluted sites.
And I would also like to thank my
staff, Senate program and counsel staff, and
the Finance staff for their dedication and
determination in the final weeks of this last
session in getting this bill done.
I'd like to thank the Governor for
stepping in and coming to the table and making
this whole thing work.
And particularly, I'd like to thank
Val Washington for coming forward and taking a
very courageous stand and joining with our
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team to make this bill what it is.
And I urge my colleagues to
strongly support this very important piece of
legislation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take --
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Mr. President,
I've had many conversations with many of the
people involved in this bill, and I compliment
the staff for working very hard.
But I have to say we've had
something happen in Buffalo that hasn't
happened in a number of years, and that is
that the Buffalo-Niagara partnership -- which
is the business community, the unions, Tony
Masiello, Joel Giambra, the entire
delegation -- are all on the same side on this
issue. For the most part, that just never
happens in Buffalo these days.
But the problem, I think, is that
Buffalo is and Western New York is much
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different than many other parts of the state.
And we figured out a lot of it has to do with
the fact that the assessed valuations in
Buffalo have dropped off -- the property
values -- so much that the problem is that
where in Long Island and Westchester and
various places it's profitable to clean up
sites, but in Buffalo, where the assessed
valuations are so much lower -- 40 percent of
Buffalo, by the way, is brownfield sites. And
what we have learned is that we just do not
believe that this bill does enough to allow
those sites to be cleaned up.
Now, let me say that although some
in the business community told us that this
was worse than nothing, when we researched it
very thoroughly, we found out that wasn't
true. We do believe that this is a better
bill than the brownfields situation that we
had prior to this and that there are some good
things in it.
Part of the problem is that no one
in the business community trusts the
Environmental Conservation -- DEC, Department
of Environmental Conservation. So part of the
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problem is when the regulations come out, and
if they are as the DEC says that they will be,
it will be very helpful.
But our problem in Western New York
in particular is that the feeling is, and was
very strongly, that we need less restrictions.
For instance, the piece in here relating to
the rural standards, we don't have any place
in Western New York, for the most part, where
rural standards could be essentially attained.
That's a dream that some people might focus
on.
And of course we also have one of
the most active trial lawyer groups in the
United States of America in upstate New
York -- particularly, unfortunately, now in
Buffalo. And many people believe that some
parts of the bill may actually attract more
litigation, which will raise the cost of
insurance and create problems.
Senator Marcellino has been
extremely cooperative, as has our Senate
staff, in working with us in an attempt to
come to some potential changes. And I would
say that I would hope that there are some
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things, we believe, that can be done in
remedying the special problems that we think
there are in Western New York. And we have --
it has been promised to us that we would move
on, later on, to try to deal with that.
But I think our problem -- and when
I say "our," I think Senator Mary Lou Rath and
Senators Stachowski and Brown and Senator
Maziarz -- is that we feel that given the
nature of the situation, and with the Western
New York region so unanimously opposed, we
feel that we must, regrettably, vote no.
Although I must say that after we
researched the legislation, we found out there
were a lot more good things in it than we
realized in the beginning.
ACTING PRESIDENT MEIER: Senator
Rath.
SENATOR RATH: Thank you,
Mr. Chairman.
I too would like to compliment
Senator Marcellino and his staff and everyone
who worked on this bill. This, by any
measure, has probably been one of the most
difficult pieces to come through this
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Legislature in many years; to wit, the
circumstance at the end of session last year.
But I rise to make a comment in
accord with the comments that Senator Volker
made, but to take maybe just a little bit of a
different approach.
Those of you who know Western
New York know the heavy industrial area that
was there for so many years. And
state-of-the-art left so much in the ground in
Western New York -- to wit, the Love Canal,
which was of course the first great
environmental disaster, I think, that people
started to see. That was twenty years ago.
And some of those circumstances -- pray to God
there's no more Love Canals around. But many
circumstances are still very serious.
And the cost of the cleanup will
drive people away from redeveloping in the
downtown areas. And 40 percent of downtown
Buffalo is considered a brownfield. We need
those properties back on the tax rolls. We
need people to think about redeveloping
downtown.
And as this is considered an
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environmental issue in many regards, and I
have thought of myself for many years as an
environmentalist -- you may recall that I
spent a fair amount of time on Smart Growth
bills the last three or four years.
And what's going to happen as a
result of this legislation in my community is
it will drive the developers out into the
greenfields where we really don't want them.
We want them to develop back light industrial,
into the industrial areas where transportation
and infrastructure are already there. We
don't want to pay for infrastructure again.
We want them to develop in the areas that were
developed at one time.
And this bill, as we understand it
now, forecloses that possibility to be
competitive, because we cannot here balance
the needs of the environment and the needs of
the developers in a way that is financially
feasible. So for that reason, I'm going to
have to vote no on this bill.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LaVALLE: Thank you, Mr.
5657
President.
I rise to first congratulate
Senator Marcellino and Assemblyman DiNapoli,
the chairs in the respective houses on the
environment, for bringing closure to a very,
very thorny issue.
New York is one of the states that
are near -- I think there are only nine
remaining states that have not addressed this
issue. New York is a very complex state, and
that is one of the reasons why this
legislation has not passed sooner. There are
many stakeholders that we had to address their
concerns.
I view this as a beginning. The
department must promulgate some regulations.
Those that will be out -- those municipalities
that will be out there trying to convert
brownfields into productive taxpaying
properties will give us various pointers on
deficiencies that maybe the legislation didn't
address.
And sometimes we need to pass a
bill to begin to honestly address some of the
problems. I don't think anyone dismisses the
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problems in Western New York. We need to
address those problems. We need to ensure
that properties get on the tax rolls, that we
bring industry and jobs in that part of the
state.
But I think this is a great
beginning, and I think this issue has
languished for just too many years. I think
the chairs deserve a lot of credit for a job
well done.
ACTING PRESIDENT MEIER: Senator
Stachowski.
SENATOR STACHOWSKI: Mr.
President, I'd like to join Senator Volker's
comments, in the fact that nothing pains me
more than to have to oppose this bill, because
as a big supporter of brownfield programs and
refunding of the Superfund over the whole time
I've been here, nothing hurts me more than not
being able to vote for this.
But how do you vote for a
brownfield bill in the Senate and go back home
and say, Well, we just voted for a bill where
all the brownfields in Buffalo will not be
sold as shovel-ready because the costs will be
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prohibitive?
And as Senator Rath said, the
developers are going to take the -- all the
prospective developers' clients and take them
out to the green areas. And that's the last
thing we want.
We would love to be able to clean
the brownfields in Buffalo at an expense that
would make them reasonable. It would be a
reasonable expense in Long Island, and I can
understand being from Long Island supporting
this. And I'm not an upstate/downstate kind
of guy, so I really don't want to sound like
that.
But the reality is that what's
affordable for a parcel in Westchester, any of
the boroughs in New York, or Long Island, is
not considered affordable in Buffalo,
Lackawanna, and Niagara Falls.
And so they'll go to the spaces
that are cheaper, that are shovel-ready, and
they won't have delays and all the other
expenses that will go along with brownfields.
So what we are doing with this
bill -- and I know that there's been comments
5660
that there'll be changes. But until those
changes come, I can't support a bill that's
going to make the brownfields in Buffalo stay
brownfields and not be able to be developed at
all.
And if it was only developers
telling me that, well then I would say, well,
they have their own private programs and they
want to see it even more of a sweetheart deal
for them. Because I feel that one of the
reasons Buffalo isn't developed in a lot of
places -- you know, and people always say, why
is Baltimore's Inner Harbor good and Buffalo's
not? And I say because the developers in
Baltimore were willing to put their own money
up.
But that's not the case in this
bill. It's not only the developers, it's the
people at -- the IDA people, the Buffalo
economic development people, it's the city
legislators, the city mayor, the county
executive. And with all those people against
it, how do I come back here and say, Well,
this is a great bill? Although I know that
most of the bill is great.
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But the title is "brownfields
reform." And if the brownfields in Buffalo
aren't going to be used, I can't support that.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Thank you, Mr.
President.
I join my colleagues that have
spoken thus far expressing their concerns
about this bill, and especially those that
have talked about the Western New York and
Buffalo area.
As someone representing the greater
Rochester area and Monroe County, I could very
easily simply substitute Rochester for
Buffalo. Although we don't have the high
percentage of urban properties that are in
brownfields, we do have a history of great
manufacturing companies that grew up in
New York State that are no longer here. And
we also have a history of brownfields in our
urban core as well.
Unfortunately, when you look at the
cost of land outside the urban area and you
look at the cost of remediation under a bill
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like this, any sane developer that, wishfully
thinking, would bring manufacturing facilities
to our area would simply go outside of the
urban areas and buy virgin land.
Because there is an inverse
relationship between the cost of remediation
and the cost of buying land -- especially when
you throw in the involvement of DEC, when you
throw in the possibility of reopeners for
liability, when you throw in reporting
requirements, et cetera, et cetera.
So in the upstate area that I come
from and the areas that my colleagues in
Western New York have just spoken about, it
would make no sense whatsoever to remediate a
brownfield area when there's still plenty of
virgin land at less cost to the developer.
So with that in mind, I would
hopefully wait to see something better coming
along, perhaps an amended version of this bill
that I could support. But at this time this
bill, at least as far as the greater
Rochester/Monroe County area and upstate, and
I agree with the Buffalo area as well, is not
sufficient enough for me to vote yes on.
5663
And the other end of people
investing in greenfields, if we are lucky
enough for them to do that, is that still
leaves the brownfields behind. It still
leaves those areas that we'd like to see
remediated left alone. So I can't support
this bill, as much as I would like to say that
I want to do everything I can to clean up the
environment.
This is also an economic
development concern that I have. And nowhere
in here to my satisfaction is economic
development taken into consideration to the
extent that I would like to see it taken for
upstate New York.
ACTING PRESIDENT MEIER: Senator
Hoffmann.
SENATOR HOFFMANN: Thank you, Mr.
President.
This is one of those interesting
issues that changes its complexion as it moves
across the state. And we've already heard
from the far western part of the state, from
Senator Volker, Senator Rath, and then moving
slightly to the east in Rochester, from
5664
Senator Alesi. Senator Stachowski also spoke
from the Buffalo perspective.
I represent the very middle of the
state. In fact, the geographic center of
New York State is located within the Senate
district which I proudly represent.
This is one of those times where we
will simply not make everybody happy no matter
what we do. And we have to operate on good
faith that those who have worked this hard
deserve our congratulations today but also a
request that they continue to seek solutions
that may not yet have been discovered.
My compliments to Senator
Marcellino, his counterparts in the other
house, and to the Governor for moving this
measure forward as they have. But I believe,
as many of my colleagues do, that it is an
imperfect measure.
Let me just read excerpts from a
letter from one of my constituents indicating
his concerns about this bill. He is actually
urging my opposition to the bill and says that
under the proposal his company would pay an
additional $9,000 annually in increased
5665
hazardous waste management fees. And he goes
on to say: "Considering current economic
conditions, it is the wrong time to impose
additional taxes and fees on the state's
manufacturing community."
We are desperately struggling in
the Syracuse area to try to keep a couple of
manufacturing concerns. The greatest of all,
Carrier Corporation, is threatening to pick up
and go. And our Congressman from Central
New York, Jim Walsh, is now launching a
national battle that will force all major
companies to commit to 50 percent of their
manufacturing remaining in the continental
United States if they want to sell to the
federal or state governments.
These are serious, serious issues
at this time, and we cannot afford to be
casual when we enact legislation that can
handicap manufacturing companies, or any other
type of company, from developing in our urban
cores.
Now let me just put on my hat as
your agriculture chairwoman. When those of
you who are mentioning greenfields are
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speaking, I'm hearing farms. I understand
that our agricultural community is already
adversely affected every time a developer
says: Oh, I would like a nice big parcel of
land, give me a hundred acres without anything
else happening so that I can do my thing
there.
That cuts into our number-one
industry in this state. And every time a
large parcel of land like that is taken out of
production, it means another parcel nearby may
then follow. And fairly shortly, the rest of
the land in ag production within an immediate
10-or-15-mile range will no longer have the
services they once relied upon. The feedmill
will be gone, the hardware store will have
closed down, it will be difficult to get farm
supplies without driving a half a day.
It doesn't take long to figure out
what happens to the agricultural economy when
you superimpose a large industrial activity
right in the middle of it.
So these are very, very nettlesome
issues for us. And I don't believe that the
piece of legislation before us has addressed
5667
all of them as well as it should have.
I will say, however, that like many
other people I believe we have an earnest
responsibility to address environmental
cleanup as a major priority, and we cannot
afford to languish while we wait for the
perfect bill to come before us. In all of our
discussions about this bill, many of us have
indicated that we will watch closely to see
how it is enacted. We know that the votes are
here for it to pass today.
So I'm going to put my good faith
behind the Department of Environmental
Conservation and the Executive branch in
implementing this fairly, with the
understanding that if it is not done fairly,
that we will come back and revisit this issue
and we will revisit it very quickly.
I will be watching, like everyone
else, to see if DEC, which loves to regulate,
will be overregulating those companies that
are trying earnestly to comply with these
provisions. I will also be looking for ways
within our next budget that we can accommodate
companies like the manufacturing firm that I
5668
quoted a few minutes ago that feels they will
now be faced with an unfair burden of waste
management fees -- a burden they would not
have to face should they locate to another
state. And that, my colleagues, is sadly an
option which many of these firms may consider.
So what we have before us is very
unperfect answers to difficult-to-determine
questions. And it is a first step. And I
will very cautiously give my vote in the
affirmative today.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President, for this time.
Any bill, I think, that is bad for
one part of New York is bad for all of
New York, Mr. President.
This bill has many good parts. And
I join with my colleagues in congratulating
Senator Marcellino and his staff. The
Superfund refinancing, the bond act changes
that are contained in this bill are excellent,
much-needed legislation in this state.
5669
But as has been talked about many
times, the brownfield redevelopment part will
not work. In fact, it harms not just --
there's been too much talk here about Buffalo
and Niagara. It really harms all upstate
cities where manufacturing of steel,
automotive and heavy industry and chemical
manufacturing were once very prevalent. This
bill, in fact, provides a disincentive to
clean up those sites and make them productive
and taxpaying once again.
This bill takes power away from
local building inspectors, local code
enforcement officers, and puts it into the
hands of the Department of Environmental
Conservation in Albany.
This bill, as Senator Hoffmann so
correctly pointed out, is going to put a great
deal of pressure on the agricultural industry
in the State of New York.
And mostly what this bill is going
to do, as Senator Rath pointed out, is push
developers out of the cities of upstate
New York and into pristine green areas and
building commercial business development out
5670
there where it really should not happen and
doesn't need to happen.
And I am going to be voting in the
negative on this bill.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: Thank you, Mr.
President.
Sadly, while I know brownfields is
an issue that affects many parts of the
state -- certainly the part of the state I
come from -- and like my colleagues that have
spoken before me, I want to see the state's
brownfields cleaned up. But with respect to
the upstate region, as we have heard from
several other speakers, and in particular the
Buffalo-Niagara region, I don't think this
bill will allow that to take place.
In the Buffalo-Niagara region,
there are over 4700 acres of brownfields. And
as you heard from Senators Volker and
Stachowski and Maziarz and Rath and others,
this bill will provide a disincentive,
unfortunately, for that cleanup.
5671
But I say that not to criticize the
work of Senator Marcellino and Assemblyman
DiNapoli. I know how much work went into this
piece of legislation. I commend them for the
work that went into this legislation. And I
am somewhat heartened today after speaking to
Senator Marcellino, who has indicated that
some of the problems that might be contained
in this piece of legislation for the upstate
community will be looked at.
And as Senator LaValle said,
sometimes we have to pass a bill to move an
important issue forward and then reform that
bill.
But even with that being said, I
don't feel a sense of comfort that I can
support the bill in its present form today. I
wish I could, but I have to be responsive to
the concerns that I'm hearing from my business
community, from the municipalities in my
district, from developers in my district, that
this will have the opposite effect on
developing brownfields in the Buffalo-Niagara
region.
What we have seen is the
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development of greenfields, as Senator Rath
has said. And what has happened is we don't
have the shovel-ready sites in Buffalo, and
the developers are developing greenfields in
the suburban parts of our community and
leaving the brownfields lying fallow. Areas
that could be redeveloped, areas that need to
be used are not being used.
So today I will join my colleagues
that feel compelled to oppose this bill, and
hope to see the kind of changes and
improvements to it in the future that we need
for the entire state.
Thank you.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. I rise to speak on the bill.
It's very unusual in this house
where we have disagreement across parties
about such a complex piece of legislation.
And I take that actually as an honor to the
two sponsors who did so much work on this,
Senator Marcellino and Assembly Member
DiNapoli, who is with us.
5673
You didn't just try to take on one
complex issue, you tried to take on an entire
group of complex environmental issues and
negotiate out something that could work with
both houses for the entire State of New York.
And I applaud you for that, and I support your
bill here today.
What we are hearing today are
frustrations from various parts of upstate
New York about some of the costs implied with
cleanup. So I felt obligated to speak out on
the environmental side of the equation
because, as businesses are concerned that DEC
overregulates, environmental groups have been
concerned that DEC underregulates.
Environmental groups -- there are many here
today -- feel that they compromised too far to
help get this bill forward. And I applaud
them for working with everyone also.
Because what I'm hearing is the
concern that if this bill is too expensive,
people won't do redevelopment of the
brownfields in Buffalo and in Rochester and in
Niagara. But I would argue they're not doing
it now, absent legislation. And right now the
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people of New York -- the people of your
community, the people of my community in
New York City -- are living with unknown
health risks because nobody is even taking a
look to see what's going on, what might be
spreading through the groundwater under our
communities.
Senator Rath raised Love Canal. We
don't want to have any more Love Canals. But
we don't want to have any that we didn't find
either, or find soon enough to do something
about so.
I am sure that everyone here is
right and sincere that this is not a perfect
bill, that it will have different impacts in
different parts of the state, that we will
need to go back, look at what we have done,
and adjust for it.
But I urge everyone here today,
pass this bill, move us forward. Such
difficult issues, so many people waiting for
us to move. And, frankly, there is a clock
ticking on health issues for the people of
New York and on long-term environmental
concerns for the people of New York if we
5675
don't bring this to passage today and assure
that there's an opportunity to fight over
whether the regulation was too weak or too
strong in the future.
So I will vote yes, and I urge my
colleagues to vote yes.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Marcellino, to explain his vote.
SENATOR MARCELLINO: Thank you,
Mr. President. I rise to explain my vote.
I'm hearing my colleagues and their
concerns. And I just wish to state for the
record publicly that the concerns will be
cared for and will be looked at.
We do intend to make sure that this
bill is responsive to the needs of all the
people of the State of New York. It is not
5676
our intention to do a bill that would only
take care of one segment to the detriment of
any other segment of the state. We are
concerned and we will work with anybody who
wants to work with us to do what has to be
done.
We just want to give this bill a
chance. It's got to pass so we can take a
look at it. What works is fine; what doesn't,
we're going to fix. It's that simple. That's
what we have to do with a complicated issue.
This is a complicated issue.
And we will move forward on this
issue in an intelligent way to protect not
only economic development, but the
environment. Because those people who have to
live with all that economic development have a
right to clean air and clean land. Otherwise,
there's no point to the economic development.
This bill is supported by the
Environmental Advocates, Scenic Hudson, the
New York State Association of Counties, NYCOM,
the Association of Towns, Sustainable Long
Island, the Partnership for New York City, the
Greater Binghamton Chamber of Commerce, the
5677
New York City Environmental Justice Alliance,
Environmental Defense, NYPIRG, Citizens
Environmental Coalition, Natural Resources
Defense Council, Citizens Campaign for the
Environment, and the Audubon of New York.
Vote for this bill, ladies and
gentlemen. It is a good bill. And it is also
a beginning.
ACTING PRESIDENT MEIER: Senator
Balboni, to explain his vote.
SENATOR BALBONI: Mr. President,
I didn't want the opportunity to pass to,
against the backdrop of cynicism and the
criticisms that government cannot get
together, that there is partisan gridlock in
Albany -- this is one of those issues that
we've been fighting about for years and years
and years. And what it does is it pits, puts
two people against each other who
essentially -- the environmentalists and the
business community, who don't want to
necessarily see eye to eye.
But on this issue they were brought
together because of the friendship,
intelligence, sensitivity and dedication of
5678
two championships of the environmental, Carl
Marcellino, and Assemblyman Tom DiNapoli. And
we shouldn't overlook the fact that this got
done because of them.
Thank you very much. I'm going to
vote yes, Mr. President.
ACTING PRESIDENT MEIER: Senator
Balboni will be recorded in the affirmative.
Senator Schneiderman, to explain
his vote.
SENATOR SCHNEIDERMAN: Thank you.
I actually rise to echo what
Senator Balboni said. I, when I first got
here, was the ranking Democrat on the
Environmental Conservation Committee. This
was an issue that was there, it appeared to be
unresolvable.
And I can't say this is a perfect
bill. I can't say that my colleagues from
Western New York are wrong that there are
problems and there may be consequences in some
parts of the state that are less than
desirable. But I can say that I have
confidence in the people who have worked on
this bill. And it is nice to get something
5679
done.
I am sorry it is such a rare
occurrence to move forward on a major issue
with bipartisan support. But I certainly
don't hesitate to criticize when I feel
criticism is warranted. I do not want to fail
to recognize leadership when leadership is
shown.
Thank you, gentlemen.
ACTING PRESIDENT MEIER: Senator
Schneiderman will be recorded in the
affirmative.
Senator Wright.
SENATOR WRIGHT: Thank you, Mr.
President.
Since we seem to have heard from
every other region of the state, it's probably
appropriate that we should speak from Northern
New York.
And like many of my upstate
colleagues, I recognize the competing
interests that are involved in this
legislation and why it has taken so long to
come to this solution. And I too would like
to see some amendments, some modifications as
5680
we move forward. I also have a major employer
that's going to see a significant fee increase
as a result of this legislation.
But I'm going to join my downstate
colleagues supporting the legislation because
I believe it is a step in the right direction.
I have municipalities that are strongly
interested in addressing their brownfield
concerns. They are looking forward to the
opportunity to utilize this program and
subsequent programs. They are awaiting
essential funding that's available to them
through Superfund for investments that they've
already spent the money for.
And for those reasons, I think it's
appropriate that we move ahead. We in fact
have demonstrated that we can work together.
It may not be a perfect solution. Little is
that we accomplish here, given the nature of
the interests that compete. But nonetheless,
we are demonstrating progress.
My commitment and my commendations
to the sponsors for what they've done.
They've moved it in the right direction. And
as a result, it's going to secure my support.
5681
I vote in the affirmative.
ACTING PRESIDENT MEIER: Senator
Wright will be recorded in the affirmative.
Senator Malcolm Smith.
SENATOR MALCOLM SMITH: Thank
you, Mr. President.
As the ranking member on the
Environmental Conservation Committee, I have
had the opportunity to hear from many
organizations, from Western New York down to
the city. And yes, there had been a general
consensus of concerns with regards to the
impact that this bill would have on Western
New York, Binghamton, and other areas.
However, one of the things that we
are elected to do here is to make some very
tough decisions. And I think we have done
that today.
The other thing that gives me some
comfort is that throughout the process, our
chairman, Senator Marcellino, had been very
forthright with information and requesting
input from both sides about this bill. We
passed a bill earlier in our last session last
year -- or this year, and even that bill I
5682
thought was a decent compromise and some
changes had to be made.
One of the things that becomes very
important to me personally is that whenever I
decide to place my vote someplace, it's where
I believe I am making the best decision, one
that I can live with and one I can go back,
not only to my district but to people around
the state, and say that I did the best that I
could on their behalf.
I know the chairman, and I know his
commitment to listening. And I'm sure that
when there are some concerns that are relayed
to him with regards to this particular bill as
it moves forward, some changes that need to be
made, I'm sure they will be made. But we have
to take a step.
The people all around this state
are looking at us. They've been looking at us
for quite some time. They were expecting us
not even to come forward with this bill this
year. They were hoping that perhaps the bill
did not come out so that they could again
criticize this body for being ineffective.
I think what this bill has allowed
5683
us to do today is when we go home to our
respective districts, whether you voted yes or
no, you have the right to stand up very proud
and say you're part of a body that has taken a
very historical step. And that historical
step is one that represents the interests of
the State of New York, and that is to make
sure that we corrected a particular bill that
had an adverse impact at times on our
environment and now will serve to provide
affordable housing, community input, and even
some restrictive measures on development that
will not hurt the State of New York.
ACTING PRESIDENT MEIER: Senator
Malcolm Smith will be recorded in the
affirmative.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
I just want to rise and echo my
support for this legislation. I will be
voting in the affirmative.
But I want to compliment Senator
Marcellino and the Assembly sponsor, Tom
DiNapoli, for their hard work in reaching a
5684
bipartisan agreement. This has been an issue
that's been out there for far too long. I
would like to have every environmental issue
in my district addressed, and I'm confident
that this probably won't. But this is a giant
leap forward.
As the environment changes and we
deal with so many complex environmental
issues, Senator Marcellino has assured this
house that so will the bill. And I look upon
this as a work in progress. But my
compliments to him as the leader sponsor in
this house for a job well done.
ACTING PRESIDENT MEIER: Senator
Fuschillo will be recorded the affirmative.
Senator Farley.
SENATOR FARLEY: Very briefly.
I've been here for 27 years, the
same length as Senator Bruno and Senator
LaValle. And I was the former chairman of
Environmental Conservation, as Senator Johnson
was. And I'll tell you, for all of those 27
years, brownfields would not even be
mentioned, nothing would -- this is a step.
This is not a perfect bill. As a matter of
5685
fact, there's a lot of things in it a lot of
people don't like, including myself. But it
is the first time we have addressed
brownfields in all the years that I've been
here, and I think that's a compliment to the
current chairmen in both houses.
And at least we've got started.
There may be some changes coming down the
road -- at least I hope so. But we've
addressed a terrible problem for small cities,
particularly the upstate smaller cities that
have got polluted brownfields all over the
place. And we've got to address this and
solve it if we're going to survive.
Thank you.
ACTING PRESIDENT MEIER: Senator
Farley will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1697 are
Senators Alesi, Brown, Kuhl, Maziarz, McGee,
Rath, Robach, Stachowski and Volker. Ayes,
51. Nays, 9.
ACTING PRESIDENT MEIER: The bill
is passed.
5686
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: Calendar Number
1702, by the Senate Committee on Rules, Senate
Print Number 5720, an act to amend the Public
Authorities Law, in relation to establishing
the Nassau County sewer and storm water
finance authority.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1703, by the Senate Committee on Rules, Senate
Print Number 5725, an act to amend the County
Law and the Public Authorities Law.
SENATOR SCHNEIDERMAN:
5687
Explanation.
ACTING PRESIDENT MEIER: Senator
Johnson, Senator Schneiderman has requested an
explanation.
SENATOR JOHNSON: Mr. President,
this budget cleanup bill enacts budget and
fiscal amendments to the state fiscal year
2003-2004 enacted budget.
The bill includes provisions to
clarify various changes to the Tax Law made in
the enacted budget in order to ensure proper
implementation of those changes. The bill
also provides additional money for local
governments and not-for-profit organizations.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill. It's getting
late, and I will try to be brief.
This is a budget cleanup bill that
we've been talking about doing for a long
time. And there are some funds that will be
released through this bill that will provide
for good programs.
Unfortunately, this represents the
5688
third time we have been here to vote in the
Senate and been unable to pass legislation
that actually provides a benefit we promised
to the fiscally strapped City of New York when
we started the budget process earlier this
year.
When we passed the budget bill and
when we overrode the Governor, there was a
promise. The only thing we really did for the
city -- other than give it the power to tax
itself -- the only big benefit to the City of
New York in this huge fiscal crisis it
suffered as a result of the stock market
collapse and September 11th was to provide
$170 million a year to the city to refinance
outstanding MAC debt. This is a huge benefit
to the City of New York.
When we passed the budget, we left
out the word "annually," so there was no
provision guaranteeing the money would come
every year. We were silent on the status of
the transferred funds. We didn't ensure that
these funds would be available to pay
bondholders.
Then the Assembly did a cleanup
5689
bill and we did a cleanup bill, and we passed
two different cleanup bills. So the language
is inconsistent. There is no guarantee to
bondholders that these funds will be
available.
And now we're passing a budget
cleanup bill that once again fails to address
the most important issue, as far as I'm
concerned, for the State of New York to be
addressing by way of our aid to the city.
The City of New York is the
financial engine that drives this state. We
have been carrying the state, taxpayers in the
city, for many years. Everyone knows we get
less than our fair share of transit funds,
less than our fair share of school funds. We
had to go all the way to the New York State
Court of Appeals to get a ruling relating to
school funding. We don't get our fair share
of revenue sharing. We are not getting our
fair share of STAR funds.
The one thing we were supposed to
have done this year -- we've now had three
tries to get it right. I don't know if it's
worse if this is being intentionally or if
5690
it's being done through incompetence. But I
would urge my colleagues that if we come back,
and I believe we're coming back soon, we're
going to have to have a fourth shot at this.
And let's please clean this up.
The people in the City of New York
are all paying their extra quarter of a
percent of sales tax that was promised to us
to provide the funding for this revenue
stream. And once again, we are passing a
budget cleanup bill that leaves the City of
New York out in the dark. You can't kill the
goose the lays the golden egg and expect to
have eggs. I'm not sure that's right. I'm
not an expert on agriculture. But I do know
something about the budget deficiencies of the
city. And this bill leaves the voters of the
city, leaves the taxpayers of the city, leaves
my constituents out in the cold.
I'm going to support the bill for
the other things that are in it, but I'm going
to oppose strongly any effort to close out our
process of working on the budget and trying to
clean this up until we can address this issue.
Thank you, Mr. President.
5691
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1703 are
Senators Duane, Hassell-Thompson, L. Krueger,
Schneiderman, and A. Smith. Ayes, 55. Nays,
5.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1704, by Senator Wright, Senate Print 5728, an
act to amend the Public Service Law, in
relation to improvements.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Wright, Senator Schneiderman has requested an
explanation.
5692
SENATOR WRIGHT: Thank you, Mr.
President.
The bill before you is a Governor's
program bill that was sent to the Senate for
today's session. And it establishes an
expedited process for the upgrading of
existing electric transmission facilities in
existing right-of-ways. Let me repeat that:
Existing transmission facilities in an
existing right-of-way.
Article VII, which is the statute
we're amending, requires the Public Service
Commission to authorize and preapprove
improvements to transmission equipment, with
the exception of when we are replacing like
equipment, which is exempt. Otherwise, it's
treated as a new siting. And the current
process is open-ended and can require
substantial time and cost. So we are
identifying an alternative to that.
This was an idea advanced by the
New York Independent System Operator, actually
in testimony before the Assembly Energy
Committee when they were conducting hearings
on the recent blackout. In that testimony,
5693
the ISO recommended that we look at the issue
of siting transmission facilities,
particularly the ability to upgrade existing
facilities.
So this bill does that. It
establishes a procedure for upgrading those
facilities. It incorporates public
notification, it incorporates public
participation, and it moves the process
forward. The bill also provides for the
ability to finance additional improvements to
the system using the existing statutory
authority of NYSERDA.
Throughout both of these efforts,
our attempts are to establish a couple of key
factors. Number one, enhance and maintain the
high reliability that New York State has in
terms of its electrical system. And let's
recognize that the events of the blackout were
not attributable to the New York State system,
which in fact did work. And it worked because
New York State, and you as ratepayers, have
made that investment in reliability the
hallmark of our system.
And consequently we have, if not
5694
the most, certainly one of the most reliable
systems in North America, if not the world.
And that was documented by the study prepared
at the request of this very Legislature about
two years ago, in 2001.
We're also making sure that we
improve efficiencies to the transmission
system to aid consumers. The ISO, if you'll
recall, in one of their reports on the current
system identified congestion costs as roughly
a billion dollars affecting New York
consumers. If you can make the transmission
system more efficient, you avoid those costs.
And of course, last but not least,
in terms of facilitating the siting of local
plants -- excuse me, by facilitating
transmission, you can also help eliminate the
need for local sitings of plants because you
can transmit electricity over longer extended
periods.
So we've attempted to address a
number of the concerns throughout the system.
And I believe that this is a step forward and
want to recognize the Governor's efforts and
commitment to be proactive, to anticipate
5695
problems, and to be in a position to
facilitate our ability to address those
problems.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
This is a Governor's program bill.
I do not believe for a minute that if our
distinguished chair of the Energy Committee
and Senator Parker, our Democratic ranker on
Energy, got together to put together a bill,
that they would put together this bill and
tout it as a solution to the problem of
electric transmission in New York State.
We are all very, very aware of the
fact that our electric grid is inadequate.
This bill, which we got at I think
6:00 o'clock last night, appears to be an
effort to tell the public we're doing
something or the Governor is doing something
about this serious problem.
The only thing it does, though, is
to make it -- to reduce public participation,
public input, and public awareness of projects
5696
that could significantly expand electric
transmission in people's communities.
What this does is use a term that's
not defined, authorizing electric transmission
lines to be reconstructed. Reconstruction is
a term of art. Well, the last time we
undertook something called reconstruction it
had some unintended consequences we didn't
like. This is about as well defined as that
reconstruction was.
This could result, it appears, in
the doubling of transmission through a given
right-of-way. This could result in the PSC
doing without hearings altogether, or setting
hearings in a time frame -- and it provides
that you can provide a hearing in within 20
days, which is not enough time for a community
group to mobilize, get experts, raise money,
and significantly weigh in on an issue of
dramatic expansion of electric transmission
through their community.
This bill tells us that the problem
of electric transmission that led to our
blackout recently, that cost billions of
dollars and harmed many, many of our
5697
constituents, that the solution is to do away
with public participation or limit it or let
the PSC have the authority to do without it
and to provide a funding mechanism to kick
some more money to the industry to help them
deal with whatever costs they are now supposed
to incur in the course of their business.
The truth of the matter is we have
a problem with electric transmission because
of the failed deregulation program the
Governor undertook. And I quote from that
radical left-wing publication the New York
Post, that pointed out before the blackout:
The Governor, quote, crowed that his
deregulation would lead to more competition
and lower prices, but the opposite proved
true.
The problem with electric
transmission here is not that we need to blow
through community input, authorize the PSC to
do away with hearings. The problem is that
the Governor's deregulation scheme is a
disaster.
Let's not pass bills without any
hearings that are dropped on us late at night.
5698
Let's undertake a more systematic approach.
Let's come up with a -- let's follow the model
Senator Marcellino and Assemblyman DiNapoli
just demonstrated to be effective. Let's work
with the Assembly to come up with a real
solution to the problem.
But I really feel that whatever the
Governor's motivation, if it is something
other than attempting to suggest to people
he's taking action on an issue as to which he
has utterly failed in leadership, then I
cannot really -- I am really at a loss to
understand that.
I think this is a bad bill. I
think the procedure by which it came to us is
appalling. And I urge everyone to vote no.
ACTING PRESIDENT MEIER: Read the
last section.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. I would just like to comment on
the second part of this legislation.
I am extremely concerned because in
it we create a subsidiary devoted and
empowered to finance generating, transmission,
5699
and related facilities.
I know that the NYSERDA has been
extremely instrumental in supporting local
attempts to create alternative energy sources,
especially and including renewable energy
sources. But the legislation as it is written
does not seem to protect specifically the
interests that the NYSERDA has been involved
with up to this point, and that is working
with local community groups and organizations
and government to assist them in creating
alternative energy.
So that I'm afraid that we, based
on this legislation giving them an additional
mission, which I'm not sure and clear that it
is separated from the mission to work with the
groups doing alternative renewable sources,
that the focus may shift and therefore we may
lose the momentum that I think we have begun
to develop around looking at alternative
sources and making sure that all of the
communities in our state can participate.
So I'm going to vote no on this
legislation for that reason as well.
ACTING PRESIDENT MEIER: Read the
5700
last section.
Senator Wright.
SENATOR WRIGHT: Thank you,
Senator Meier. I would like to take occasion,
Mr. President, to address some of the
observations that were shared because they are
factually inaccurate and weren't posed as
questions, so I'll have to address them in
this manner.
First of all, the electric grid in
New York State is not inadequate. In fact,
just the contrary. And it was documented,
published and reported to the Legislature not
two years ago that we in fact have an
extremely reliable system and it is highly
reliable in this state.
Now, if the Senator wants to refer
his questions to the inadequacy of the
Midwestern grid and the failures that occurred
that precipitated the blackout, that's a
different observation than what has occurred
with New York's grid system. And the
administration and this Legislature recognize
the need and the importance for reliability.
And which is why we required that it be
5701
studied, that it be documented as to its
reliability, and we are moving forward.
Secondly, this bill does not
restrict public participation. It in fact
requires for an application to be filed. It
requires public notification of that
application. It identifies the same parties
that are reflected in the existing Article VII
and SEQR for notification purposes in terms of
state agencies. It requires notification to
municipalities and related parties.
So there has been nothing that has
been done to restrict the public awareness,
public announcement, and public participation.
In fact, it is mirrored after SEQR. SEQR does
not require public hearings in all instances,
just as this bill does not in all instances.
It requires a threshold of findings whereby
the Public Service Commission would then make
a determination. Not unlike SEQR, where when
there is a finding and a specific threshold is
met, there is then a decision for a public
hearing -- frequently not exercised under
SEQR.
In terms of deregulation, no one
5702
has suggested in any of the testimony
presented, at the federal level or the state
level, that deregulation in any way, shape, or
fashion caused the blackout. In fact, the
difficulties in terms of generation are a
result of the failure to site generation, the
failure to have adequate generation that
creates adequate capacity, that therefore
creates the dynamic of competition that drives
the rates down.
That is not a result of policy
failures, that's a result of the inability of
New York to site new capacity and a failure of
the financial community, as a result of the
overall national issue as it relates to the
energy industry, to make the essential
investments in that.
So it is not a failure of the
deregulation or the restructuring, more
appropriately, of electricity. Because let's
not forget the fact that the Ontario system
went down. And Ontario, operated and owned by
the Province of Ontario in Canada, is highly
regulated. In fact, run by government. And
they went down quicker and were down longer
5703
than our system here in New York State.
In terms of the financing, the
proposal was to utilize NYSERDA because in
fact NYSERDA has that capability in statute
now. The intent was to clarify it. The
intent is not to exclude renewables but, in
fact, specify include them. Because one of
our objectives is to ensure that there is a
diversity of fuel mix in this state and that
we are not dependent upon one source of fuel
but in fact have a diversity.
This would encourage that
opportunity, and, more importantly, send a
signal to the financial community. Because it
is our preference that this be financially
supported in the private sector and in fact
would be an obligation of the private sector,
not the State of New York.
And last but not least, we need to
recognize that if we fail as a state to
address this issue, if we fail to move ahead
on this issue, all we are doing is empowering
those who are suggesting, at those very
federal hearings, that the federal government
take over that responsibility, that we cede
5704
power to FERC and allow the federal government
to make all decisions relative to siting of
generation, relative to siting of
transmission.
I think this is a better direction.
Do I suggest that it's perfect? No. It needs
to be advanced, and I credit the Governor for
doing that. He has taken an idea that was
proposed, has been suggested, and has codified
it and presented it.
It is before this house because we
are in session. The Assembly chose not to be
in session. They chose to pursue an
alternative route of hearing, as opposed to
suggesting legislation.
This is not unique. It's been done
numerous times that a governor suggests
legislation to the respective houses and that
a message of necessity be attached to it.
So I think there's a great deal of
information that is being misconstrued,
misrepresented, and the intent is disingenuous
on many to do that. We're trying to advance a
solution and are committed to working with all
parties on achieving that.
5705
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR PATERSON: Party vote in
the negative.
SENATOR BRUNO: Party vote in the
affirmative.
THE SECRETARY: Ayes, 36. Nays,
24. Party vote.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno, that completes the
controversial calendar.
SENATOR BRUNO: Mr. President, is
there any housekeeping at the desk that needs
our attention?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR BRUNO: There being no
further business, therefore, to come before
the Senate, I would move that we adjourn,
5706
subject to the call of the Majority Leader,
with intervening days being legislative days.
I wish you well, and God bless.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned, subject
to the call of the Majority Leader.
Intervening days will be legislative days.
(Whereupon, at 5:55 p.m., the
Senate adjourned.)