Regular Session - May 15, 2006
2942
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 15, 2006
11 3:03 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT WRIGHT: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT WRIGHT: The
10 invocation today will be given by the Reverend
11 Peter Young.
12 REVEREND YOUNG: Dear God, as we
13 gather in Your name in these closing days of
14 the 2005-2006 session, we accept the strength
15 of Your guidance to meet the challenges of
16 these major pieces of legislation that are on
17 our agendas.
18 We pray that You will guide us and
19 help us in these decisions now and forever.
20 Amen.
21 ACTING PRESIDENT WRIGHT: Reading
22 of the Journal.
23 THE SECRETARY: In Senate,
24 Sunday, May 14, the Senate met pursuant to
25 adjournment. The Journal of Saturday, May 13,
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1 was read and approved. On motion, Senate
2 adjourned.
3 ACTING PRESIDENT WRIGHT: Without
4 objection, the Journal stands approved as
5 read.
6 And we welcome the Lieutenant
7 Governor.
8 THE PRESIDENT: Presentation of
9 petitions.
10 Messages from the Assembly.
11 Messages from the Governor.
12 Reports of standing committees.
13 Reports of select committees.
14 Communications and reports from
15 state officers.
16 Motions and resolutions.
17 Senator Fuschillo.
18 SENATOR FUSCHILLO: Madam
19 President, thank you very much.
20 On behalf of Senator Saland, I wish
21 to call up Senate Print Number 6762, recalled
22 from the Assembly, which is now at the desk.
23 THE PRESIDENT: The Secretary
24 will read.
25 THE SECRETARY: Calendar Number
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1 546, by Senator Saland, Senate Print 6762, an
2 act to authorize the Town of Wappinger.
3 SENATOR FUSCHILLO: I now move to
4 reconsider the vote by which the bill was
5 passed.
6 THE PRESIDENT: The Secretary
7 will call the roll upon reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 41.
10 SENATOR FUSCHILLO: I now offer
11 the following amendments.
12 THE PRESIDENT: The amendments
13 are received.
14 SENATOR FUSCHILLO: On behalf of
15 Senator Spano, I wish to call up Senate Print
16 Number 4155A, recalled from the Assembly,
17 which is now at the desk.
18 ACTING PRESIDENT WRIGHT: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 385, by Senator Spano, Senate Print 4155A, an
22 act to amend the Vehicle and Traffic Law.
23 SENATOR FUSCHILLO: I now move to
24 reconsider the vote by which the bill was
25 passed.
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1 ACTING PRESIDENT WRIGHT: Call
2 the roll on reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 41.
5 SENATOR FUSCHILLO: I now offer
6 the following amendments.
7 ACTING PRESIDENT WRIGHT: The
8 amendments are received.
9 SENATOR FUSCHILLO: On behalf of
10 Senator Bonacic, on page number 43 I offer the
11 following amendments to Calendar Number 726,
12 Senate Print Number 6952A, and ask that said
13 bill retain its place on Third Reading
14 Calendar.
15 ACTING PRESIDENT WRIGHT: The
16 amendments are received, and the bill will
17 retain its place on the Third Reading
18 Calendar.
19 SENATOR FUSCHILLO: On behalf of
20 Senator Morahan, on page number 59 I offer the
21 following amendments to Calendar Number 937,
22 Senate Print Number 7664, and ask that said
23 bill retain its place on Third Reading
24 Calendar.
25 ACTING PRESIDENT WRIGHT: The
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1 amendments are received, and the bill will
2 retain its place on the Third Reading
3 Calendar.
4 SENATOR FUSCHILLO: On behalf of
5 Senator Marcellino, on page number 65 I offer
6 the following amendments to Calendar Number
7 1002, Senate Print Number 6737, and ask that
8 said bill retain its place on Third Reading
9 Calendar.
10 ACTING PRESIDENT WRIGHT: The
11 amendments are received, and the bill will
12 retain its place on the Third Reading
13 Calendar.
14 SENATOR FUSCHILLO: On behalf of
15 Senator LaValle, on page number 64 I offer the
16 following amendments to Calendar Number 995,
17 Senate Print Number 1477, and ask that said
18 bill retain its place on Third Reading
19 Calendar.
20 ACTING PRESIDENT WRIGHT: The
21 amendments are received, and the bill will
22 retain its place on the Third Reading
23 Calendar.
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President, I
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1 believe there's a substitution at the desk.
2 ACTING PRESIDENT WRIGHT: The
3 Secretary will read.
4 THE SECRETARY: On page 57,
5 Senator Morahan moves to discharge, from the
6 Committee on Veterans and Homeland Security,
7 Assembly Bill Number 2747 and substitute it
8 for the identical Senate Bill Number 1500,
9 Third Reading Calendar 918.
10 ACTING PRESIDENT WRIGHT: The
11 substitution is ordered.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 there's a resolution at the desk, 5170, by
15 Senator Robach. If we could have it read in
16 its entirety and move for its immediate
17 adoption.
18 ACTING PRESIDENT WRIGHT: The
19 Secretary will read.
20 THE SECRETARY: By Senator
21 Robach, Legislative Resolution Number 5170,
22 congratulating the Hilton High School Girls
23 Cross Country Team and Coach Mike Szczepanik
24 upon the occasion of capturing the Nike Team
25 National Cross Country Championship.
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1 "WHEREAS, Excellence and success in
2 competitive sports can be achieved only
3 through strenuous practice, team play and team
4 spirit, nurtured by dedicated coaching and
5 strategic planning; and
6 "WHEREAS, Athletic competition
7 enhances the moral and physical development of
8 the young people of this state, preparing them
9 for the future by instilling in them the value
10 of teamwork, encouraging a standard of healthy
11 living, imparting a desire for success, and
12 developing a sense of fair play and
13 competition; and
14 "WHEREAS, The Hilton Girls Cross
15 Country Team are the Nike Team Cross Country
16 Champions; and
17 "WHEREAS, The second annual Nike
18 Team Nationals Competition was held on
19 December 3, 2005, in Portland, Oregon. The
20 Hilton Girls Cross Country Team earned the
21 all-expense-paid trip and participated from
22 November 30 through December 4, 2005; and
23 "WHEREAS, Although the times were
24 off due to the mud and water on the track, the
25 Hilton Girls Cross Country Team defeated the
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1 competition, scoring 85, with number-one-
2 ranked Saratoga High School coming in second
3 at 112. The race was 5,000 meters; and
4 "WHEREAS, Prior to the Nike event,
5 the Hilton Girls Cross Country Team won their
6 second consecutive Section Five title and
7 Coach Mike Szczepanik was named Monroe County
8 Section Five Coach of the Year; and
9 "WHEREAS, In addition to earning a
10 spot to compete for the national title,
11 runners had the opportunity to experience a
12 weekend of events related to the sport, both
13 on and off the course, including educational
14 seminars and activities; and
15 "WHEREAS, The athletic talent
16 displayed by this team is due in great part to
17 the efforts of Coach Mike Szczepanik, a
18 skilled and inspirational tutor, respected for
19 his ability to develop potential into
20 excellence; and
21 "WHEREAS, The team's overall record
22 is outstanding, and the team members were
23 loyally and enthusiastically supported by
24 family, fans, friends and the community at
25 large; and
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1 "WHEREAS, The hallmarks of the
2 Hilton Girls Cross Country Team, from the
3 opening event of the season to participation
4 in the championship, were a sisterhood of
5 athletic ability, of good sportsmanship, of
6 honor and of scholarship, demonstrating that
7 these team players are second to none; and
8 "WHEREAS, Athletically and
9 academically, the team members have proven
10 themselves to be an unbeatable combination of
11 talents, reflecting favorably on their school;
12 and
13 "WHEREAS, Coach Mike Szczepanik
14 Sports has done a superb job in guiding,
15 molding and inspiring the team members toward
16 their goals; and
17 "WHEREAS, Sports competition
18 instills the values of teamwork, pride and
19 accomplishment, and Coach Mike Szczepanik,
20 Assistant Coach Jeff Merkel and these
21 outstanding athletes have clearly made a
22 contribution to the spirit of excellence which
23 is a tradition of their school; now,
24 therefore, be it
25 "RESOLVED, That this Legislative
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1 Body pause in its deliberations to
2 congratulate the Hilton Girls Cross Country
3 Team, its members -- Amanda Griggs, Caileen
4 Childs, Nicole Griffiths, Allison Sawyer,
5 Caroline Schultz, Shelby Herman, Ashley Jones,
6 Erin Pratt, Teresa Buechel, Kristen Campbell,
7 Ashlea Keene, Hillary O'Sullivan, and Rebecca
8 Smarcz -- and Coach Mike Szczepanik on their
9 outstanding season and overall team record;
10 and be it further
11 "RESOLVED, That copies of this
12 resolution, suitably engrossed, be transmitted
13 to the Hilton Girls Cross Country Team and to
14 Coach Mike Szczepanik."
15 ACTING PRESIDENT WRIGHT: Senator
16 Robach, on the resolution.
17 SENATOR ROBACH: Yes,
18 Mr. President, if I could just rise to say how
19 delighted I am to have the girls, their coach,
20 some of their parents here joining us today.
21 This really was quite an
22 accomplishment. I've been here for four years
23 now, and we've had a lot of great young people
24 through this chamber for different
25 accomplishments, but this is my first one of
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1 national caliber. And we're delighted to have
2 them here.
3 In addition to overcoming
4 successfully these rainy conditions, that cool
5 track, and winning, they have really excited
6 the entire community of Hilton. They are
7 great, great kids. I think they have a
8 cumulative average of 3.7 in addition to their
9 great athleticism. Their work ethic, their
10 personalities are just wonderful.
11 And I am so proud and privileged to
12 represent them. I am glad they're here today
13 to do this. You know, the only thing I can
14 say is not only do they represent Hilton very
15 well, New York State and its national
16 championship of 20 other schools qualifying, I
17 think they really epitomize everything a young
18 student athlete should be, both in terms of
19 attitude and accomplishment.
20 And I am really delighted again to
21 recognize them, put this in the record so they
22 can come back here with their kids,
23 highlighting their record here in New York
24 State.
25 And I would say, though he's not on
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1 the floor, the only other team that made this
2 national tournament from New York was
3 Saratoga, which is represented by another
4 Senator named Joe. But I want you to know
5 that Joe Robach's girls there won this for
6 Rochester and us. And I'm not going to let
7 the Majority Leader forget that either.
8 If I could just take one minute,
9 since the girls came down here for this. If I
10 could ask them to stand very quickly. We
11 having Amanda Griggs, Caileen Childs, Nicole
12 Griffiths, Allison Sawyer, Caroline Schultz,
13 Shelby Herman, Ashley Jones, Erin Pratt,
14 Teresa Buechel, Kristen Campbell, Ashlea
15 Keene, Hillary O'Sullivan, and Rebecca Smarcz.
16 You've already been introduced or talked
17 about: Coach Szczepanik and Coach Merkel.
18 Ladies, congratulations. Great
19 job. Thanks for being with us here today in
20 the Capitol.
21 (Applause.)
22 ACTING PRESIDENT WRIGHT: Senator
23 Maziarz, on the resolution.
24 SENATOR MAZIARZ: Thank you very
25 much, Mr. President.
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1 I want to add my congratulations
2 along with Senator Robach. Up until a few
3 years ago, I represented the Hilton School
4 District and the town of Parma and the western
5 part of Monroe County.
6 And these champions are truly, as
7 Senator Robach pointed out, they're not only
8 great athletes but great students too, and
9 that's really important.
10 And I want to welcome them to
11 Albany, and their coaches, and offer my
12 personal congratulations and the
13 congratulations of all of us.
14 Many times here we see state
15 champions every year, but very rarely do we
16 get national champions here. And to achieve
17 that great milestone at so young in life is a
18 real tribute to you, to your coaches, and
19 mostly to your parents.
20 Thank you, Mr. President.
21 ACTING PRESIDENT WRIGHT: On the
22 resolution, all those in favor signify by
23 saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT WRIGHT:
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1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT WRIGHT: The
4 resolution is adopted.
5 On behalf of Senator Bruno and all
6 of the members of the New York State Senate,
7 please accept our congratulations and
8 appreciation for your visit to the Capitol and
9 your representation of the State of New York.
10 Best of luck.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 there will be an immediate meeting of the
14 Rules Committee in the Majority Conference
15 Room.
16 ACTING PRESIDENT WRIGHT: There
17 will be an immediate meeting of the Rules
18 Committee in the Majority Conference Room.
19 SENATOR SKELOS: If we could
20 stand at ease.
21 ACTING PRESIDENT WRIGHT: The
22 Senate will stand at ease.
23 (Whereupon, the Senate stood at
24 ease at 3:15 p.m.)
25 (Whereupon, the Senate reconvened
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1 at 3:23 p.m.)
2 ACTING PRESIDENT WRIGHT: Senator
3 Fuschillo.
4 SENATOR FUSCHILLO: Mr.
5 President, may we please return to the reports
6 of standing committees. I believe there's a
7 report of the Rules Committee at the desk.
8 ACTING PRESIDENT WRIGHT: The
9 Secretary will read.
10 THE SECRETARY: Senator Bruno,
11 from the Committee on Rules, reports the
12 following bill direct to third reading:
13 Senate Print 7909, by Senator
14 Wright, an act to amend the Tax Law.
15 ACTING PRESIDENT WRIGHT: Senator
16 Fuschillo.
17 SENATOR FUSCHILLO: Mr.
18 President, I move to accept the report of
19 Rules Committee.
20 ACTING PRESIDENT WRIGHT: All in
21 favor of accepting the report please signify
22 by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT WRIGHT:
25 Opposed, nay.
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1 (No response.)
2 ACTING PRESIDENT WRIGHT: The
3 report is accepted.
4 Senator Fuschillo.
5 SENATOR FUSCHILLO: Mr.
6 President, may we please have the reading of
7 the noncontroversial calendar.
8 ACTING PRESIDENT WRIGHT: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 432, by Senator Maziarz, Senate Print 5849B,
12 an act to amend the Parks, Recreation and
13 Historic Preservation Law.
14 ACTING PRESIDENT WRIGHT: Read
15 the last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT WRIGHT: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 55.
22 ACTING PRESIDENT WRIGHT: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 577, by Senator Maltese, Senate Print 101, an
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1 act to amend the Real Property Tax Law.
2 ACTING PRESIDENT WRIGHT: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect June 1, 2007.
6 ACTING PRESIDENT WRIGHT: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 55.
10 ACTING PRESIDENT WRIGHT: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 750, by Senator Spano, Senate Print 7316A, an
14 act to amend the Labor Law.
15 ACTING PRESIDENT WRIGHT: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT WRIGHT: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 55.
23 ACTING PRESIDENT WRIGHT: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 753, by Senator Maziarz, Senate Print 7321A,
2 an act to amend the Labor Law.
3 ACTING PRESIDENT WRIGHT: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of
7 November.
8 ACTING PRESIDENT WRIGHT: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 56.
12 ACTING PRESIDENT WRIGHT: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 788, by Senator Marcellino, Senate Print 6862,
16 an act to authorize.
17 ACTING PRESIDENT WRIGHT: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT WRIGHT: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 53. Nays,
25 2. Senators Bonacic and Larkin recorded in
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1 the negative.
2 ACTING PRESIDENT WRIGHT: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 841, by Senator Little, Senate Print 7347, an
6 act to amend the Civil Service Law.
7 ACTING PRESIDENT WRIGHT: Read
8 the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT WRIGHT: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 56.
15 ACTING PRESIDENT WRIGHT: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 842, by Senator Larkin, Senate Print 7355, an
19 act to amend the Retirement and Social
20 Security Law, and others.
21 ACTING PRESIDENT WRIGHT: Read
22 the last section.
23 THE SECRETARY: Section 9. This
24 act shall take effect immediately.
25 ACTING PRESIDENT WRIGHT: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT WRIGHT: Senator
4 Duane.
5 SENATOR DUANE: Thank you,
6 Mr. President.
7 I'm going to vote for this bill,
8 which provides a disability retirement benefit
9 for those veterans injured in combat. It's a
10 very good bill.
11 But it does remind me that many
12 New Yorkers, including veterans, suffer from
13 posttraumatic stress disorder. And because we
14 don't have Timothy's Law, they are unable to
15 get help for this psychological problem.
16 So it's vital that we pass
17 Timothy's Law this session, and I don't
18 understand why we're not doing it. And so
19 while I'm voting yes on this bill, I'm hopeful
20 that in the very near future we will have
21 Timothy's Law on the floor of the Senate and
22 be able to vote for it.
23 Thank you, Mr. President.
24 ACTING PRESIDENT WRIGHT: Senator
25 Duane recorded in the affirmative.
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1 Report the results.
2 THE SECRETARY: Ayes, 56.
3 ACTING PRESIDENT WRIGHT: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 909, by Senator Volker, Senate Print 7147, an
7 act to amend the Criminal Procedure Law.
8 ACTING PRESIDENT WRIGHT: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT WRIGHT: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 55. Nays,
16 1. Senator Duane recorded in the negative.
17 ACTING PRESIDENT WRIGHT: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 913, by Senator Little, Senate Print 7346, an
21 act to amend the Criminal Procedure Law.
22 ACTING PRESIDENT WRIGHT: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT WRIGHT: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 55. Nays,
5 2. Senators Duane and L. Krueger recorded in
6 the negative.
7 ACTING PRESIDENT WRIGHT: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 916, by Senator Balboni, Senate Print 178A, an
11 act relating to the procurement process of
12 homeland-security-related goods and services.
13 ACTING PRESIDENT WRIGHT: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT WRIGHT: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57.
21 ACTING PRESIDENT WRIGHT: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 918, substituted earlier today by Member of
25 the Assembly Towns, Assembly Print Number
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1 2747, an act to amend the Real Property Tax
2 Law.
3 ACTING PRESIDENT WRIGHT: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of January
7 next succeeding.
8 ACTING PRESIDENT WRIGHT: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 ACTING PRESIDENT WRIGHT: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 951, by Senator Wright, Senate Print 7520, an
16 act to amend the Tax Law.
17 ACTING PRESIDENT WRIGHT: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT WRIGHT: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57.
25 ACTING PRESIDENT WRIGHT: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 959, by Senator Bonacic, Senate Print 7298, an
4 act in relation to building aid payable.
5 ACTING PRESIDENT WRIGHT: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT WRIGHT: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 57.
13 ACTING PRESIDENT WRIGHT: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 965, by Senator Nozzolio, Senate Print 505, an
17 act to amend the General Municipal Law.
18 ACTING PRESIDENT WRIGHT: There
19 is a home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT WRIGHT: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 56. Nays,
2 1. Senator Duane recorded in the negative.
3 ACTING PRESIDENT WRIGHT: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 975, by Senator Farley, Senate Print 6966, an
7 act to amend the County Law.
8 ACTING PRESIDENT WRIGHT: There
9 is a local fiscal impact note at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT WRIGHT: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT WRIGHT: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 980, by Senator Saland, Senate Print 7238, an
21 act in relation to creating the East Fishkill
22 Public Library District.
23 ACTING PRESIDENT WRIGHT: Read
24 the last section.
25 THE SECRETARY: Section 8. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT WRIGHT: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 57.
6 ACTING PRESIDENT WRIGHT: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1003, by Senator Balboni, Senate Print 6822,
10 an act to amend the Waterfront Commission Act.
11 ACTING PRESIDENT WRIGHT: Read
12 the last section.
13 THE SECRETARY: Section 5. This
14 act shall take effect upon enactment into law
15 by the State of New Jersey legislation
16 identical.
17 ACTING PRESIDENT WRIGHT: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT WRIGHT: Senator
21 Balboni, to explain his vote.
22 SENATOR BALBONI: Yes,
23 Mr. President.
24 This is the first of several
25 measures that this house will be considering
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1 dealing with port security.
2 After the Dubai Ports World
3 controversy, we did a bunch of studies and
4 investigations as to how the port security
5 actually worked. And what we found out is
6 that the Waterfront Commission that handles
7 one-third of the security concerns at the port
8 had insufficient capabilities when it came to
9 determining who should be licensed and who
10 should not in terms of the operation of the
11 port.
12 And what we found out is that
13 New Jersey has already passed this bill, and
14 it is waiting for us to get our act together
15 and pass the same bill, which would give the
16 Waterfront Commission the ability to prevent
17 someone from getting a license if they have
18 any connection to terrorist groups.
19 I believe this is a very good step
20 towards security, and I'm hopeful that the
21 Assembly will join us and make sure that this
22 becomes law for both states.
23 I vote aye, Mr. President. Thank
24 you.
25 ACTING PRESIDENT WRIGHT: Senator
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1 Balboni will be recorded in the affirmative.
2 Report the results.
3 THE SECRETARY: Ayes, 57.
4 ACTING PRESIDENT WRIGHT: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1004, by Senator Padavan, Senate Print 7109,
8 an act to amend the Waterfront Commission Act.
9 ACTING PRESIDENT WRIGHT: Read
10 the last section.
11 THE SECRETARY: Section 6. This
12 act shall take effect upon the enactment into
13 law by the State of New Jersey identical
14 legislation.
15 ACTING PRESIDENT WRIGHT: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 ACTING PRESIDENT WRIGHT: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1005, by Senator Leibell, Senate Print 7181,
23 an act to amend the Waterfront Commission Act.
24 ACTING PRESIDENT WRIGHT: Read
25 the last section.
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1 THE SECRETARY: Section 8. This
2 act shall take effect upon the enactment into
3 law by the State of New Jersey identical
4 legislation.
5 ACTING PRESIDENT WRIGHT: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57.
9 ACTING PRESIDENT WRIGHT: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1016, by Senator Wright, Senate Print 7909, an
13 act to amend the --
14 SENATOR SAVINO: Lay it aside.
15 ACTING PRESIDENT WRIGHT: The
16 bill is laid aside.
17 That completes the noncontroversial
18 reading of the calendar.
19 ACTING PRESIDENT MORAHAN:
20 Senator Fuschillo.
21 SENATOR FUSCHILLO: Mr.
22 President, may we please have the
23 controversial reading of the calendar at this
24 time.
25 ACTING PRESIDENT MORAHAN: The
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1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 1016, by Senator Wright, Senate Print 7909, an
4 act to amend the Tax Law.
5 SENATOR SAVINO: Explanation.
6 ACTING PRESIDENT MORAHAN:
7 Senator Wright, an explanation has been
8 requested.
9 SENATOR WRIGHT: Thank you,
10 Mr. President.
11 SENATOR BRUNO: Before us this
12 afternoon we have historic comprehensive
13 energy legislation that, first of all, begins
14 by reducing the sales tax on gasoline.
15 This is a bill that was -- the
16 concept was first introduced this past fall by
17 my colleague Senator Robach, has been before
18 this house on several occasions, and has been
19 adopted by this house. We have now reached an
20 agreement with the Assembly so that we can
21 move forward.
22 So the cornerstone of this bill
23 this afternoon is to reduce the sales tax, cap
24 it at a flat tax of 8 cents against a $2
25 threshold, which was the capped amount that we
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1 had targeted and believe most local budgets
2 are predicated on. It not only diminishes the
3 increasing effect of sales tax, it also
4 discontinues the practice of a tax upon a tax,
5 which is a unique aspect of sales tax as it
6 relates to gasoline.
7 We've all recognized that in
8 previous debates on this floor we've spent a
9 great deal of time talking about the global
10 economy, the adverse affects of escalating gas
11 prices and how that has hurt New Yorkers, the
12 working men and women of this state, and the
13 economy of this state. We have also very
14 consciously recognized the limited impact that
15 the State of New York can make on those
16 gasoline taxes, that being the tax aspect of
17 that gas price.
18 So we have gone a long way this
19 afternoon, by reaching agreement, to reduce
20 that tax by one-third, then cap it, and then
21 make it a flat tax as we go forward. That, I
22 believe, is historic in the history of sales
23 tax as it relates to gasoline and is important
24 assistance to the taxpayers of this state.
25 Furthermore, the bill contains
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1 several additional elements, one at the behest
2 and advance and sponsorship of my colleague,
3 Senator Padavan, authorizing the City of
4 New York to provide relief to its residents by
5 eliminating the -- or reducing the sales tax
6 on residential heating fuels. This authorizes
7 the city to do that. It would certainly
8 provide much-needed relief to many New Yorkers
9 and is a relief that is currently being
10 enjoyed by numerous residents across the state
11 in other counties.
12 The bill further goes on to create
13 a personal income tax credit for the
14 replacement of home heating systems that are
15 Energy Star-compliant, the intent being to
16 foster a use of energy efficiency, greater
17 conservation, and thereby ensuring long-term
18 benefits and implementing a long-term policy
19 that blends reduction of taxes with
20 renewables, with energy efficiency and
21 conservation.
22 A fourth piece provides that
23 consumers will receive personal income tax
24 credits for the purchase of home heating fuel
25 that contains biodiesel. It establishes a
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1 formula by law that incentivizes the
2 utilization of biodiesel; again, a long-term
3 aspect of our energy policy.
4 And the last piece requires that
5 the State Thruway Authority and NYSERDA
6 develop a plan by the end of this calendar
7 year to make alternative fuels, such as
8 ethanol, available at Thruway service areas.
9 When you look back at what started
10 in the fall of this year under the leadership
11 of Senator Bruno, and a number of energy
12 initiatives that were advanced at that time
13 and adopted with bipartisan support in this
14 house, they have now in many instances become
15 law, either through actions of this house,
16 through the budget, or actions today.
17 So we look forward to advancing
18 this bill, making it law and completing the
19 process that we began last fall.
20 Thank you, Mr. President.
21 ACTING PRESIDENT MORAHAN: Thank
22 you, Senator Wright.
23 Senator Sabini.
24 SENATOR SABINI: Mr. President, I
25 believe there's an amendment at the desk. I
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1 ask that the reading be waived and I be
2 allowed to be heard on the amendment.
3 ACTING PRESIDENT MORAHAN:
4 Reading of the amendment is waived and,
5 Senator Sabini, you may be heard on the
6 amendment.
7 SENATOR SABINI: Thank you,
8 Mr. President.
9 What we do today is a good first
10 step in this bill. It's a step that we
11 offered to take last fall. But it's really a
12 Band-Aid approach to what is, as I hope we all
13 recognize, a much larger problem.
14 And that is the problem of
15 increasing prices of fossil fuel, lessening
16 supply, the fact that it's a global economy,
17 that we all are affected, our gas prices are
18 affected by the fact that the nations of China
19 and India, two major powers in the world, are
20 at the point in their auto economy where the
21 United States was 60 or 70 years ago and
22 they're catching up at a quick rate.
23 So our discussion here shouldn't be
24 just about short-term political gain. We
25 understand that the public is appalled at the
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1 price of gas. It's even higher in Europe, $6
2 a gallon in London. The reality is that we
3 need to get a comprehensive plan afoot.
4 And while putting a cap on the tax
5 on gasoline by the gallon is a good thing, and
6 I intend to support it, I think we can do
7 better. And we can establish, in effect, a
8 Marshall Plan for energy independence within
9 New York State by New York State. So I offer
10 an amendment which is in the form of Senator
11 Parker's legislation, the "State Workforce
12 Fuel Reduction and Conservation Act."
13 Americans consume six times the
14 world average in energy consumption per year.
15 We're the third most populous state in this
16 union, containing 15 percent of the population
17 of our country. So New York is a big user of
18 energy, and New Yorkers are big users of
19 energy.
20 We can make choices every day and
21 every minute of the day to make things better
22 for everyone -- turning machines off when not
23 in use, buying energy efficient appliances,
24 consumption conservation measures that we can
25 use, doing sustainable energy measures that we
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1 can do. But most of all, what this bill can
2 do is to offer the advice of "Physician, heal
3 thyself": We can direct the State of New
4 York, through this amendment, to get its own
5 energy house in order.
6 New York's agencies and authorities
7 annually consume 50 million gallons of diesel
8 fuel and 55 million gallons of heating oil a
9 year. Our state's workforce numbers 160,000.
10 Because the average American uses 500 gallons
11 of gasoline each year, driving about
12 12,000 miles on average, at $3 per gallon,
13 that's $1500 a year in fuel cost per worker.
14 That needs to go down.
15 We should address things like
16 nonessential driving by state employees. We
17 should lessen the state use of SUVs. These
18 things could be done by executive order today
19 if the Governor wanted to. And although there
20 have been modest efforts by the administration
21 to enact by executive orders some
22 energy-efficient standards for state buildings
23 and vehicles, there really hasn't been the
24 leadership we need.
25 This legislation aims to do that.
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1 Implementing a strategy of conservation and
2 efficiency measures, backed by strong
3 educational components, outlined in this
4 amendment will be an effective strategy.
5 We have to curtail our dependence
6 on foreign oil, making historic strides in
7 improving our environmental quality and
8 reducing our energy consumption. Here are
9 some bullet-point things that this amendment
10 will address.
11 It directs OGS to review the
12 state's vehicular fleet as well as the use of
13 that fleet to determine whether
14 alternative-fuel vehicles can be used and
15 whether trip reduction can be used to reduce
16 gasoline consumption.
17 The amendment would direct OGS to
18 develop and properly promote a comprehensive
19 car pooling program. It would direct all the
20 state agencies to perform fuel-efficient
21 audits of their own transportation systems and
22 fleets. It would authorize agencies to
23 implement commuter-trip reduction programs
24 that would encourage employees who drive alone
25 to work to consider using alternative
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1 commuting modes such as carpool, mass transit,
2 biking or even walking. And it would
3 authorize agencies and authorities to permit
4 alternative work schedules, telecommuting or
5 other ways to save gasoline consumption.
6 It would direct the DMV to develop
7 programs to educate the driving public on
8 conservation techniques and would direct on
9 OGS to develop a plan to reimburse state
10 employees for their mass transit costs.
11 The best way to work our way out of
12 this energy crisis is through a concentrated
13 effort by everyone -- individuals, state
14 government, all of us. Let's make New York a
15 leader on this issue and support a state
16 conservation program that would be in addition
17 to the pennies we're going to save people,
18 which is good, but I think none of us really
19 believe that that measure is going to actually
20 help solve New York's gasoline crisis.
21 So I urge a yes vote on the
22 amendment and thank Senator Parker for his
23 work on this bill, and I urge my colleagues to
24 consider the amendment seriously and vote yes.
25 Thank you.
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1 ACTING PRESIDENT MORAHAN: On the
2 amendment, those Senators in agreement please
3 signify by raising your hands.
4 THE SECRETARY: Those recorded in
5 agreement are Senators Andrews, Breslin,
6 Connor, Coppola, Diaz, Dilan, Duane, Gonzalez,
7 Klein, L. Krueger, C. Kruger, Montgomery,
8 Onorato, Oppenheimer, Paterson, Sabini,
9 Savino, Schneiderman, Serrano, A. Smith,
10 Stachowski, Stavisky, and Valesky.
11 ACTING PRESIDENT MORAHAN: The
12 amendment is not agreed to.
13 Senator Robach.
14 SENATOR ROBACH: Yes,
15 Mr. President. I rise to support this bill.
16 And I want to really applaud
17 Senator Wright, the Energy chairman, Senator
18 Padavan, Senator Bruno for making a bill I
19 think that focused exclusively on just capping
20 the gas tax originally, expanding that and
21 even making it better. Including some of
22 these other components is going to definitely
23 help the overburdened men and women, working
24 men and women of this state, overburdened
25 taxpayers here. And I think that's exactly
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1 what they're asking for.
2 Passing the bill last year on
3 capping the gas tax and taking that lead role,
4 I know -- whether it's been online petitions,
5 any press events that we've had -- when people
6 have been interviewed, overwhelmingly the
7 public in New York has said they want some
8 relief. And while no one is opposed to
9 long-range plans, we have to do what we can do
10 today. And sometimes a Band-Aid is better
11 than just letting it bleed.
12 And so I'm very, very happy that
13 we're today, that this house, through
14 aggressive action, driving this issue, trying
15 to save people, whatever it be at the pump and
16 other places of energy, we are going to be
17 able to get agreement with the other side and
18 really give them some degree, some relief, I
19 think is very, very meaningful, very, very
20 important.
21 Again, other organizations -- AAA
22 has had petitions, and it has been
23 overwhelmingly supported by people all across
24 this state, young and old, urban, suburban,
25 you name it. So I think this is a good day
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1 not only for the policy of giving something
2 back but, more importantly, that by us driving
3 it in this house and the public speaking up,
4 we now have agreement in both houses.
5 And I want to applaud all involved.
6 You know, again, not to sound too elemental,
7 I'd say this is a populist move. And there's
8 nothing wrong with us being populist; that's
9 who we serve, the people we represent. And
10 I've heard loud and clearly, being the prime
11 sponsor of that gas cap bill, even from people
12 in other people's districts, how much they
13 want that. Today we're getting it done.
14 And I proudly cast my vote in the
15 affirmative and encourage others to do so as
16 well.
17 ACTING PRESIDENT MORAHAN:
18 Senator Robach will be recorded in the
19 affirmative.
20 Senator Padavan.
21 SENATOR PADAVAN: Thank you,
22 Mr. President.
23 First, let me thank Senator Wright
24 for his leadership and all of those who were
25 involved in the development of this
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1 legislation and negotiations with the Assembly
2 to bring it to a point of fruition that we're
3 dealing with today.
4 First let me comment on some of the
5 things we heard in the course of the amendment
6 that was proposed.
7 I would remind the members of this
8 house that this state and this Senate has
9 taken the leadership, time and time again, as
10 it relates to developing alternative means of
11 generating power and energy: stimulation of
12 wind energy, hydroenergy, all ways of
13 developing alternative sources of fuel other
14 than fossil fuel. Which, was pointed out, is
15 our major problem, since it's an international
16 issue.
17 But even in this bill we go even
18 further. I draw your attention to those
19 portions of it that deal with alternative fuel
20 credits, technology credits, developing
21 alternative and better means of creating
22 energy.
23 Green building credit; buildings
24 that grow grass and other types of plants on
25 their roofs to not only keep away heat but
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1 also to reduce the need for air-conditioning.
2 Qualifying emerging technology
3 credits. Credit for qualified fuel cell,
4 electric generating equipment, biofuel
5 production, and clean heating fuel credits.
6 All of these things are in this
7 bill. So we're going even a step further,
8 perhaps many steps further in terms of dealing
9 with the broader issue of conservation and
10 developing alternative fuels.
11 But I also want to talk about one
12 item that Senator Wright did mention, and that
13 relates to home heating fuel. Thirty-seven
14 counties in New York State followed suit,
15 meaning did what we as a state did, in
16 eliminating the sales tax on home heating
17 fuel. Several others have reduced their local
18 sales tax.
19 The one major taxer is the City of
20 New York. And if you go back in time to the
21 creation of the Emergency Financial Control
22 Board and other restrictions that were placed
23 on the city, the sales tax was committed to
24 pay off bonds. Well, that is no longer
25 necessary.
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1 And if you look at your home
2 heating fuel, those of us in the city and
3 elsewhere, mine has doubled. I have oil in my
4 home. It has doubled in recent years. And
5 that sales tax that the city continues to
6 apply was a windfall, is a windfall.
7 Now, what this bill allows the city
8 to do is to follow suit with all the other
9 counties throughout New York State and
10 eliminate the local sales tax, which is a
11 substantial savings to homeowners and co-op
12 dwellers and others in the City of New York.
13 Now, those of us in the city have a
14 chore ahead of us. This is an authorization.
15 We now have to get after our respective city
16 councilmen and -women, and the mayor, to
17 implement it. And there's going to be some
18 resistance to do that. It has been a
19 windfall, and we know the city has a surplus
20 as a result of that windfall.
21 Just think of the millions and
22 millions of dollars collected in sales taxes
23 beyond that which were collected a couple of
24 years ago, specifically related to home
25 heating fuel. That, I believe, is something
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1 that should be returned to the homeowners and
2 others who have been subjected to that tax.
3 So we will have a job of convincing them to
4 implement this authorization.
5 But this is the first step, and the
6 most important one. So again, Mr. President,
7 I congratulate those who were involved in
8 putting this all together and bringing us to
9 the point that we're now at. And I will be
10 voting aye.
11 ACTING PRESIDENT MORAHAN: Thank
12 you, Senator Padavan. You will be recorded in
13 the affirmative.
14 Senator Marcellino.
15 SENATOR MARCELLINO: Thank you,
16 Mr. President.
17 I too would like to thank my
18 colleagues Senator Wright, Senator Robach,
19 Senator Padavan, and Senator Bruno for his
20 leadership in working out an arrangement with
21 the other house so that we could be voting on
22 this bill today, this very important bill
23 today.
24 I also want to thank the many men
25 and women throughout the state who sent emails
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1 and letters and made phone calls to members of
2 the other chamber and got them to come up with
3 legislation after a year or so when this house
4 had passed, at least two times, a bill that
5 would have capped the tax on gasoline and
6 provided much needed to relief to our
7 hardworking and overburdened drivers in this
8 state, a much-needed bill. A lot of promises
9 were made, a lot of rhetoric was given out,
10 but no action on the other side until just
11 recently, after the pressure was applied by
12 the public, who said enough, enough is enough.
13 Gasoline prices have risen, have
14 literally doubled -- more than doubled --
15 since 2003. But for a few lucky winners of
16 the lottery, I don't know anybody in my
17 district whose income has doubled in that same
18 time frame.
19 This is a most difficult product.
20 It is not a stand-alone product. It's not
21 like a head of cabbage, where you can make a
22 choice -- the price of cabbage goes up, you
23 make a decision whether or not to buy it.
24 Gasoline affects everything. I
25 live on Long Island; many of you live upstate,
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1 in rural areas. We need our cars. They're
2 not a luxury for us, they're a necessity. We
3 have no mass transit to speak of. We're not
4 the city. We don't have subways and buses
5 that we can rely upon. We need our vehicles
6 to get to and from school, to and from work,
7 get our children to soccer games and all kinds
8 of situations.
9 This is the most important thing.
10 The price of milk is dependent upon the price
11 of gasoline, because it's trucked in.
12 Everything we have is trucked in to us in one
13 way or another. Even turning on the switch is
14 dependent upon the price of oil to get
15 electricity. And as Senator Padavan rightly
16 pointed out, home heating oil in the future,
17 future months to come, it will get cold again
18 soon, and we've got to address that too.
19 This bill takes major steps toward
20 doing just that. It deals with the present
21 problems on gasoline. It deals with the
22 present pressure on the driving public and the
23 middle class that doesn't have a lot of
24 discretionary money to play with. Their funds
25 are being eaten up. The average driver is
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1 said to spend at least $5,000 a year on just
2 gasoline. That's a huge amount of money out
3 of their income.
4 So we need to address that. We
5 need to give them relief. But we also go to
6 the future, as Senator Wright correctly
7 pointed out. We're looking to incentivize
8 alternative fuels -- biodiesel to heat our
9 homes, ethanol on the Thruway, in the gas
10 stations, to fuel our vehicles. We're looking
11 to do many different things, including
12 increasing conservation by providing a home
13 heating oil tax credit so that anybody who
14 changes their home heating system can get a
15 tax credit for that too.
16 This is a good piece of
17 legislation. It deserves our support. I call
18 on now all of our county legislators
19 throughout this state to come together and
20 pass that tax on too. This is not like the
21 clothing tax. This is significant. We should
22 be passing that on to our driving public and
23 our constituents.
24 I also call upon the Governor to
25 sign this bill as soon as he gets it. That's
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1 a most important thing. Our taxpayers, the
2 driving public, absolutely requires it -- no,
3 I take that back. They demand it.
4 Ladies and gentlemen, I vote aye.
5 I urge everyone in the chamber to join me in
6 that call.
7 Thank you very much, Mr. President.
8 ACTING PRESIDENT MORAHAN: Thank
9 you, Senator Marcellino.
10 Senator Alesi.
11 SENATOR ALESI: Thank you,
12 Mr. President.
13 First of all, I'd like to thank
14 Senator Wright and Senator Robach and all
15 others, and of course Senator Bruno for his
16 leadership on this issue.
17 I'd like to speak, as my colleagues
18 have, on the benefits to our consumers and our
19 taxpayers who have been overburdened for far
20 too long with taxes.
21 But I think that I'd also like to
22 take this opportunity, as chairman of the
23 Committee on Commerce and Economic Development
24 and Small Business to point out that this is
25 an absolutely crucial thing that this
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1 Legislature can do for those small businesses
2 and large businesses, in fact, that rely on
3 transportation, that uses gasoline and pays
4 sales tax on that gasoline.
5 Yes, it is a good thing for all of
6 our consumers, for those people who have to
7 drive to work, for those people that have to
8 pick their children up at care centers and
9 things of that nature. But for every business
10 that has a vehicle on the road that uses
11 gasoline that has to pay sales tax, this is a
12 very good thing for the economy of New York
13 State.
14 And in terms of the savings that
15 those businesses will enjoy, they will then
16 pass on savings because they're lowering their
17 cost of doing business. So the consumers in
18 this state are not only going to save money
19 when they're purchasing gasoline, but
20 hopefully they'll also save on goods and
21 services that are purchasing from our
22 businesses and small businesses in New York
23 State.
24 And actually, that's the kind of
25 thing that can improve the economy and drive
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1 economic activity. And it sends a powerful
2 message to business that you can continue to
3 rely on this Legislature to do good things.
4 As we have shown with our tax cuts and
5 incentives for business all across New York
6 State, we want to help business in this state,
7 we want to help retain and create jobs.
8 And we have heard this time and
9 time again: This is a tax cut? Yes, it is.
10 And tax cuts work.
11 ACTING PRESIDENT MORAHAN: Thank
12 you, Senator Alesi.
13 Senator Bonacic.
14 SENATOR BONACIC: Thank you,
15 Mr. President.
16 I too stand to thank Senator Bruno,
17 Senator Wright, and my other colleagues in
18 their leadership in passing this reduction in
19 the gas tax.
20 You know, many constituents reached
21 in and they were upset at the fast escalation
22 of the way the prices jumped at the pump.
23 They couldn't understand. And they said: Do
24 something about it. What can you do? And I
25 would try to be honest with them. I'll say:
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1 It's limited what we can do. But we will do
2 something that was in our control.
3 And we did that by reducing the
4 sales tax 4 cents per gallon. And if the
5 county wants to follow our lead, they could
6 double this benefit to our constituents who
7 rely heavily on their car.
8 But if we're ever going to look for
9 a solution to the energy crisis, it's much
10 bigger than us here. And it involves
11 participation by the federal government, it
12 involves having the oil industry more
13 accountable if price gouging is going on, at
14 the distributor level, at the retail level.
15 And those that take advantage of volatility in
16 the price should be punished severely.
17 Conservation. We have to be more
18 intelligent and change our habits. And that
19 is going to take time. Because, let's face
20 it, New Yorkers and Americans are in love with
21 their cars.
22 So it requires so many different
23 attacks to the problem. And alternate energy
24 of course is part of the solution, whether
25 it's wind turbines, whether it's hydro. And
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1 you've heard all of the other technology
2 that's out there.
3 But, and last but not least, I
4 think the auto industry and the way they make
5 the cars, we have to have hybrids that will
6 increase the mileage per car.
7 But in conclusion, these are
8 long-term solutions. And I compliment my
9 colleagues on the other side of the aisle that
10 have raised some of these issues.
11 So we're not fooling ourselves
12 here. We know there is some benefit today
13 because we're just trying to show we're trying
14 to help. But there's still pain out there.
15 The price per gallon is still high. And it's
16 looking at all of these areas long-term.
17 Hopefully we can have a real national energy
18 policy and we can produce long-term savings to
19 our consumers and our businesses.
20 Thank you very much, Mr. President.
21 I vote aye.
22 ACTING PRESIDENT MORAHAN: Thank
23 you, Senator Bonacic. You will be recorded in
24 the affirmative.
25 Senator Connor.
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1 SENATOR CONNOR: Thank you,
2 Mr. President.
3 You know, I have this feeling that
4 I am part of a Legislature and that we as a
5 Legislature are standing in front of a
6 stampeding herd of elephants and we have one
7 little pea shooter among us to stop them.
8 Because while I'm voting for this,
9 and what we're doing today is something, and I
10 guess something is better than nothing, I
11 really don't think we ought to be proclaiming
12 that we've solved the energy crisis and
13 American dependence on Middle Eastern oil.
14 This is a little teeny, tiny drop in a bucket
15 here.
16 And unfortunately, there's very,
17 very little the state can do. Yes, we can
18 save people a few pennies a gallon and watch
19 in a few weeks when the oil companies raise
20 those prices and they creep up and those
21 pennies are chewed up. And we can certainly,
22 as a state government, encourage some
23 development of alternative energy sources.
24 But our resources as a state are woefully
25 inadequate to really get something real going
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1 that will solve this problem.
2 The economics of this bill kind of
3 mystifies me. We want to stop people from
4 smoking cigarettes, and we raise the taxes.
5 And now we're hoping people will conserve
6 gasoline and so we and try and lower the
7 price. That's a little mystifying to me.
8 The interesting thing for my
9 colleagues from upstate, and particularly from
10 the suburbs and the far suburbs, is those
11 beautiful homes with a quarter-acre or a
12 half-acre, green upon all around them, are
13 incredibly energy inefficient.
14 And those big old cities that we so
15 often have turned our backs over these past
16 decades, and from which people have fled to
17 supposedly better environments -- if you look
18 at all the studies now, a city like New York
19 City is the most energy-efficient part of this
20 state. Where people live in multiple
21 dwellings, it is cheaper to heat. Where
22 people depend on mass transit, it is cheaper
23 to move people.
24 And when people move out in the
25 suburbs and have to drive to get a quart of
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1 milk and are heating a single-family home that
2 the wind attacks from all four sides,
3 depending on which way it's blowing, it's
4 much, much, incredibly more inefficient. The
5 energy consumption for a million or two people
6 in a suburban setting doesn't even equal --
7 the energy, I should say, taken to sustain a
8 city of 8 million does not even equal the
9 amount of energy consumed by a couple of
10 million people in the suburbs.
11 So it ought to readjust the way we
12 think about things, not just in this aspect,
13 but in where we think is the best way for the
14 future. The future belongs to our rebuilding,
15 reborn cities. That future belongs there
16 unless America can figure out a way to get
17 awfully cheap energy out of corn or some other
18 replenishable organic substance.
19 I will vote for this because it's
20 something and I guess it's all we can do, but
21 we haven't exactly taken -- nor can we, this
22 is not a criticism -- a giant stride towards
23 solving the problem. Because the powers of
24 the state government compared to the powers
25 that vest in that enormous federal government
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1 headed by those two big former oilmen, and the
2 resources at their disposal, are what has to
3 be focused in the right direction.
4 And that hasn't happened, and it's
5 not likely we suddenly woke up in the last
6 year and said: Oh, my, we have a problem.
7 We've had this problem, we've known about this
8 problem for a couple of decades. And the
9 United States' response has been woefully
10 inadequate, at times, virtually imperialistic,
11 and, frankly, a "we got ours and forget about
12 the world."
13 And you look at Brazil, which a
14 couple of decades ago we described as part of
15 the Third World, and Brazil is
16 energy-self-sufficient because they looked
17 ahead a couple of decades and figured out how
18 to convert virtually after all their
19 consumption to ethanol, which is replenishable
20 every year when the crops come in.
21 So I appreciate the sponsors of
22 this and the effort that went into coming up
23 with this bill. But let's not kid ourselves.
24 It's all we can do, and it's woefully,
25 pitifully little that we're doing.
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1 Thank you.
2 ACTING PRESIDENT MORAHAN: Thank
3 you, Senator Connor. You will be recorded in
4 the affirmative.
5 Senator Schneiderman.
6 SENATOR SCHNEIDERMAN: Thank you,
7 Mr. President. On the bill.
8 ACTING PRESIDENT MORAHAN:
9 Senator Schneiderman, on the bill.
10 SENATOR SCHNEIDERMAN: I join my
11 colleagues on both sides of the aisle in
12 strongly supporting some provisions of this
13 bill.
14 I certainly think that the tax
15 credit provisions are examples of what we can
16 be doing at the state level. Senator Sabini's
17 amendment offered examples of how we can save
18 hundreds of millions of dollars a year. There
19 are other bills that have been introduced.
20 There are things that have been done in other
21 states. Senator Connor is correct; this is
22 mostly a federal problem. But there is a lot
23 we can do at the state level.
24 The creativity shown by other
25 states with energy planning, portfolio
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1 standards, requiring energy-efficient
2 mortgages, these are all things that the State
3 of New York could do. Unfortunately, in the
4 last decade we have lagged many other states
5 in terms of energy policy.
6 I would also particularly like to
7 commend my colleagues on the other side of the
8 aisle for one modification of this bill that
9 took place after many of us on this side of
10 the aisle voted against an earlier version,
11 that there is an effort now to provide for
12 some -- to ensure that the savings from this
13 legislation get passed through to the
14 consumer.
15 But before we dislocate our
16 shoulders patting ourselves on the back, I
17 would urge that there is much more work to do
18 on that front. There's not really a good
19 mechanism in place to ensure that the
20 consumers receive the benefits of this. I
21 note that in the Times Union on May 12 there
22 was a statement from someone, a spokesperson
23 for the oil industry, that they doubted that
24 the consumers would see any of it.
25 So let's make sure that if we're
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1 going to try and pass something that is
2 questionable as a matter of energy policy in
3 an effort to help relieve consumers from the
4 crushing burdens of higher fuel costs, that
5 that money actually gets to the consumers, it
6 is not a windfall for the oil companies. I
7 note that in the Assembly they're looking at
8 legislation to prevent that from happening.
9 We do have more work to do. There
10 is a lot more we can do as a state. This is a
11 step. I'm going to vote in support of this.
12 But if we do not ensure that there is
13 enforcement, as my colleagues on this side of
14 the aisle have said repeatedly and have
15 demonstrated their strong feelings about with
16 their votes, it doesn't amount to anything.
17 So let's make sure this gets to the
18 consumers. I will vote yes. I'm pleased that
19 there is an effort to do that in this draft of
20 the legislation. And I think this is
21 something -- in spite of Senator Marcellino's
22 exhortations, I think we may see this bill
23 again if the Governor follows through on some
24 of his earlier statements. And it may be that
25 there are more things we can do to ensure that
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1 consumers get the benefits at that point in
2 time.
3 I will be voting yes,
4 Mr. President. Thank you.
5 ACTING PRESIDENT MORAHAN: Thank
6 you, Senator Schneiderman. You will be
7 recorded in the affirmative.
8 Senator Volker.
9 SENATOR VOLKER: Mr. President, I
10 thought we were kind of explaining our votes.
11 Let me just say very quickly that
12 it's always fascinating to me that -- when I
13 hear that the City of New York is efficient.
14 The only reason that New York City is not in
15 an absolute electric crisis is because of
16 9/11.
17 It's unbelievable the
18 misunderstanding of New York City. We just
19 don't have enough power to send down to you.
20 Because New York City uses a tremendous amount
21 of upstate power. When the new World Trade
22 Center comes back up and the 10 percent that
23 went down with it -- which is unbelievable, by
24 the way -- New York City is going to have a
25 crisis of epic proportions.
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1 You can talk all you want about oil
2 companies, but the fact that we have not
3 allowed any new refineries in this country --
4 and your party has been very, very strong on
5 that issue. You can't locate anything around
6 New York City. It's refineries that are the
7 problem. If we still had refineries in this
8 country, we'd have low prices. But there's no
9 sense in talking about it. What's done is
10 done.
11 I just want to say one thing to
12 you. When you repeal a sales tax, when you
13 cap it, the benefit has got to go to the
14 people. There's no way around it. I don't
15 know how some oil person -- because a lot of
16 the oil people don't even know how this stuff
17 works.
18 I figure this will save my
19 family -- I was trying to figure what it would
20 save my family. And remember, we're
21 upstaters. We're not in New York City, where
22 you can take rapid transit and all that sort
23 of stuff. We have to drive. You'll save
24 between $200 and $300, is what I figure.
25 We're not maximum drive -- if I was driving a
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1 lot, it would be more. And I figured it out
2 based on every fill-up of a gas tank.
3 So you say, Well, you might not
4 save it. You've got to save it. Once you cap
5 it, it's saved. There's no other way around
6 it. That's the way it is. I mean, they can't
7 get around it. The theory because it's
8 confusing you can get around it is baloney.
9 And that's why New York City
10 doesn't want to chip in, and that's why my
11 county is not chipping in. Because my
12 county -- who, by the way, is making money
13 hand over fist, not only from gasoline, but
14 from the Sabres winning in Buffalo. And it's
15 a huge downtown cost. I'm told that the
16 deficit has shrunk in Erie County by something
17 in the area of $12 million to $15 million
18 because of what's been happening, the activity
19 in downtown Buffalo and in the County of Erie.
20 People have no idea what sports
21 does when you sell everything and when you've
22 got the hotels and motels filled up and all
23 that. That's what the New York City wanted
24 with the Olympics, and I understand that.
25 It's huge.
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1 But the bottom line is that we
2 stood for a long time trying to get the
3 Assembly to do something. I said, Well, why
4 don't we suspend the whole sales tax until the
5 end of the year? Well, the reason we don't do
6 that is because the Governor would never go
7 for that. And that probably would be such a
8 huge amount of money, that could be a problem.
9 But by capping it at 2 bucks, it
10 probably is going to cost the state in this
11 fiscal year probably in the area of
12 $300 million to $350 million. Which is a lot
13 of money, but it's worth it given the times
14 that we're in.
15 And by the fall, the prices will be
16 below $2.50, which is fine. Remember, it will
17 still be in effect, this $2. And if it goes
18 below $2, it trips out. So you're at $2 and
19 that's it. So there's no way you can lose;
20 that is, the consumers. The people that say
21 it can lose are probably federal people who
22 don't know exactly what to do. Although they
23 have done the right thing, and that is they
24 got rid of the oxygenation, which ultimately
25 will have some impact on the whole thing.
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1 But I remind everybody, those four
2 refineries in New Orleans, Louisiana, are
3 still down. Two of them may never come back
4 up again. Two of them are going to come back
5 shortly. That's what tripped this whole
6 crisis off.
7 Of course, there's one other thing.
8 When the American oil companies controlled the
9 marked, we had low prices. But thanks to
10 environmentalism and the Clean Air Act and all
11 the rest of the stuff, we lost control of the
12 oil market. It's now run by people outside of
13 this country. We can talk all we want about
14 alternative fuels and all that. It's not the
15 supply of oil. The problem is the
16 distribution. It always has been, and it will
17 be for about 30 to 40 years. It will be more
18 the distribution than anything else.
19 But, you know, it's hard to deal
20 with that because no one really wants to deal
21 with it. Senator Wright is even more familiar
22 with it than I am. But on the other hand, in
23 this country we forget -- for instance, this
24 state, by the way, has done more to clean up
25 our air than any state in the union ever has.
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1 The only reason we don't have the cleanest
2 industrial state in the union is because of
3 New Jersey. New Jersey's pollution drifts
4 across New York City, Queens, and across that.
5 Otherwise, we'd have the cleanest air in the
6 darn country.
7 Buffalo, in Western New York, has
8 the cleanest air of any new or old industrial
9 city in the country. Never speaks of this, by
10 the way, by the people in Western New York,
11 but it's very clean.
12 The bottom line is this is going to
13 save money. Senator Wright, good job; Senator
14 Bruno, the members of our conference. Thank
15 you for helping us, Senator Schneiderman and
16 your people. We always appreciate the help.
17 ACTING PRESIDENT MORAHAN: Thank
18 you, Senator Volker.
19 Senator Montgomery.
20 SENATOR MONTGOMERY: Yes,
21 Mr. President. Thank you.
22 I want to rise and also thank
23 Senator Wright, who has worked very hard on
24 giving us at least a beginning of a way of
25 addressing the energy crisis, especially the
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1 gasoline-price crisis.
2 But I must say that the part that
3 I'm very excited about that I think is
4 incomplete, however, is the last part, I think
5 it's Part E in the legislation, in that, where
6 we refer to the role of NYSERDA, the New York
7 State Energy Research and Development
8 Authority.
9 NYSERDA has been extremely critical
10 to having -- giving us an opportunity to
11 explore some meaningful alternatives as it
12 relates to conservation and energy use. And I
13 think that we need to look at what they have
14 been doing and to put some of that in force.
15 I.e., I think we need to look at
16 the possibility of requiring that builders and
17 developers plan for green construction in new
18 construction. That is not being discussed, to
19 my knowledge, or required of developers,
20 certainly in New York City. I know that
21 NYSERDA has been involved, certainly in
22 New York City in particular, and around the
23 state, in looking at helping buildings,
24 existing housing developments retrofit so that
25 they are able to utilize other sources for
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1 their energy; i.e., fuel cell production as
2 well as cogeneration and other energy sources,
3 alternatives.
4 I think that it makes sense now for
5 us to go back to NYSERDA and work with them to
6 see that we can in fact implement on a broader
7 scale some of those advances that they've
8 already begun to make.
9 I wish that this legislation
10 included incentives for people. I know that
11 there is some -- I've had discussions with
12 colleagues who say we don't need to provide
13 incentives because people are already buying
14 fuel-efficient cars.
15 But, Mr. President, when I look at
16 our own parking lot downstairs, I see quite a
17 number of gas-guzzlers. And I think that we
18 need to go on a campaign to ask people to quit
19 the gas-guzzlers.
20 At least we're making a statement
21 that we think this is a very serious issue,
22 not just for now, not just for addressing this
23 emergency, but for looking long-term. We
24 must, I think, become more energy independent,
25 and one way of doing that is to change the way
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1 that we look at how we ride around and what
2 kinds of cars we purchase.
3 And lastly, Mr. President, Section
4 E, for me, we need at least a Section F which
5 talks a lot more about a heavy investment in
6 the production end as it relates to
7 alternative fuels. We have a huge
8 agricultural potential in terms of the
9 agriculture in our own state, making that very
10 much a part of this energy-independent
11 movement, and including them in our programs
12 and our plans so that as we look to develop
13 alternative sources of energy, we're looking
14 at building an economy within our own state
15 which is an early-on participant and
16 beneficiary of this program.
17 So there are some missing pieces.
18 I certainly am going to support this
19 legislation, because I think it certainly is a
20 beginning. But I think that I've heard many
21 times Senator Marcellino refer to some of
22 these issues. I hope that the majorities in
23 both houses, the minorities in both houses --
24 all of us have ideas. I think we all have
25 experiences of one sort of another, to one
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1 degree or other with this program, with
2 this -- with the need for us to address this
3 issue comprehensively so that all of the
4 constituents in the state, no matter where --
5 agricultural, rural, the suburbs, the
6 cities -- that we're all able to come together
7 and devise a plan that speaks to energy in our
8 state.
9 So with that, Mr. President, I
10 again thank Senator Wright. And I'm looking
11 at Senator Marcellino, because I'm expecting
12 him to come forward with some of his bills
13 that he's promised that he is going to be
14 working on. And hopefully we can have
15 discussions together on what those might be.
16 Thank you very much.
17 ACTING PRESIDENT MORAHAN: Thank
18 you, Senator Montgomery.
19 Senator Oppenheimer.
20 SENATOR OPPENHEIMER: Thank you.
21 I was just jogged out of my sort of
22 somnambulant state here by a couple of things
23 I've been listening to, and I'd like to talk
24 very briefly about them.
25 The Regional Plan Association has
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1 been pursuing what Senator Connor was just
2 talking about for at least three decades now.
3 And that is to make us aware that we don't
4 have to get into our car if we look at things
5 a little bit differently. And that is the
6 rebuilding of center cities.
7 Now, this is in part determined by
8 the need for residential dwellings close in to
9 more vibrant cities. And so in Westchester
10 County I am very pleased to say we are leading
11 this movement, probably nationwide. We are in
12 the process of just a very dynamic rebuilding
13 of our cities.
14 White Plains, a very large city,
15 New Rochelle, a large city, were in terrible
16 decline. We have, over the last decade,
17 attracted developers, and there are very large
18 apartment houses, 30 stories high -- maybe
19 that's overkill. But it is certainly a sign
20 that we are turning around the economies of
21 these inner cities that were in really bad
22 shape about twenty years ago.
23 If that happens, that means that
24 there will be less need to drive a car,
25 because these cities are located on rail
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1 lines. And the rail lines go into New York
2 City; there are buses that fan out to all the
3 other parts of the county.
4 This is really an emphasis that we
5 have to really pursue, because we have to do
6 less driving. It's not a question of cost.
7 Believe me, the costs in America are much less
8 than the costs in most other countries in the
9 world.
10 So it's a question of we have to
11 think of what the air quality is, we have to
12 think of what we're doing to the earth, we
13 have to think of what we're doing to the
14 water. There's so many aspects to this. We
15 have to learn to drive less.
16 Now, I agree if it's in some
17 upstate area that is rural, that's another
18 problem. But in your cities, I think you have
19 your infrastructure in place. You don't have
20 to attack and put residential areas in green
21 spaces that we hope to remain open. And if we
22 concentrate in the downtown areas, that's
23 where your sewers are, that's where your water
24 is, your fresh water, that's where your
25 transportation is. And we have to really take
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1 a look back at what the Regional Plan
2 Association has been talking about for thirty
3 years now. I just thought I'd enter that in
4 the record.
5 I'm voting yes.
6 ACTING PRESIDENT MORAHAN: Thank
7 you, Senator Oppenheimer. You will be
8 recorded in the affirmative.
9 Senator Wright, to close.
10 SENATOR WRIGHT: Thank you very
11 much, Mr. President. And I appreciate the
12 observations of all of my colleagues this
13 afternoon.
14 But I would point out that it's the
15 taxpayers of this state that understand what
16 we're doing today. And that is we're reducing
17 their taxes. From what we can find in
18 researching, we're reducing the sales tax on
19 gasoline for the first time in the history of
20 this state. That is something that we should
21 all be proud of.
22 Yes, it has a positive impact on
23 the cost of gasoline. Yes, that has a
24 positive impact on the energy situation for
25 working men and women who every day have to
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1 pay the cost to drive to work, to drive to
2 school, to drive for healthcare, to visit
3 their family and friends, et cetera.
4 Regardless of whether you're in a
5 rural portion of the state or a metropolitan
6 area of the state, it will benefit you.
7 Regardless of whether you're an individual or
8 a small business, it will benefit you. It's
9 all about making sure there is not a windfall
10 tax achieved, be it at the state level -- we
11 will be returning some $450 million to the
12 taxpayers.
13 And with the efforts of local
14 government -- and I would encourage each and
15 every one of you to encourage your local
16 governments to do likewise. If they adopt it,
17 it doubles the impact in terms of the tax
18 benefit to the consumer.
19 And we have thought about the
20 consumer. Now, we've talked about making sure
21 that competition will keep them honest. But
22 we've also built in an enforcement piece, an
23 enforcement piece using the Office of Consumer
24 Affairs, using Taxation & Finance. And they
25 have measures available to them -- the
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1 Wholesale Pricing Index, they have access to
2 provider and wholesaler's records. So there
3 are means of enforcing this.
4 Our job was to provide a rather
5 stiff penalty, $5,000 per incident per day. I
6 believe that will go a long way to ensuring
7 that 1 percent that may abuse the system is
8 penalized. Most of the small businesses, men
9 and women in small business in this industry
10 are just as concerned about the price as we
11 are.
12 So I think we've addressed the
13 concerns that have been raised. As to some of
14 the other concerns that have been advanced, to
15 his credit the Governor has, in fact, moved
16 ahead on alternative fuels. He has moved
17 ahead on alternative vehicles. The Office of
18 OGS is in the process of implementing a plan
19 of CNG and stations to provide CNG at state
20 facilities throughout this state, doing it on
21 a statewide basis.
22 So I think the administration has
23 been moving forward. I know that in working
24 in partnership with them, we can continue to
25 achieve advancements.
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1 And while we're talking about sales
2 tax today, and we're talking about other
3 provisions of tax benefit, it's not just
4 today. If you look at what has been
5 accomplished in this legislative session,
6 there's biofuel production tax credit, long
7 term; cellulosic biofuel facilities
8 investment, long term; clean fuel vehicle tax
9 exemptions, long term. Sales tax exemptions
10 for solar, long term. Fuel tax credits, long
11 term. And appliance and equipment energy
12 efficiency standards -- first in the nation --
13 long term.
14 The State of New York has a long
15 history of addressing the energy concerns of
16 its people, its taxpayers, its ratepayers.
17 Today is but one more step to move forward to
18 reduce the cost of living and working in
19 New York State and at the same time setting an
20 example for the nation of how energy policy
21 should be addressed.
22 Mr. President, I thank my
23 colleagues and I encourage their affirmative
24 votes.
25 ACTING PRESIDENT MORAHAN: Thank
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1 you, Senator Wright.
2 Debate is closed.
3 The Secretary will read a
4 substitution.
5 THE SECRETARY: In relation to
6 Calendar Number 1016, Senator Wright moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 11331 and substitute it
9 for the identical Senate Bill Number 7909,
10 Third Reading Calendar 1016.
11 ACTING PRESIDENT MORAHAN:
12 Substitution is ordered.
13 The Secretary will ring the bell.
14 Read the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MORAHAN:
18 Senator Saland, to explain his vote.
19 SENATOR SALAND: Thank you,
20 Mr. President. I rise to commend Senator
21 Wright.
22 I've been listening to the debate,
23 and I think everybody agrees that this is not
24 advanced as some panacea that's miraculously
25 going to cure all the ills of everything
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1 that's transpired to date, driving the gas
2 costs to where they are currently. Certainly
3 supply and demand, what's going on in the
4 Middle East, and a host of other things that
5 are involved are things well beyond our
6 control. There has been some certainly
7 comprehensive investigation and comprehensive
8 action that more appropriately would occur on
9 a national level.
10 Yet this is what we can do in the
11 State of New York. This is giving a break to
12 already overburdened taxpayers. This is doing
13 our best to reduce the price at the pump as
14 well as provide other means of alternatively
15 dealing with fuels and fuel sources.
16 So again, my commendations to
17 Senator Wright. And certainly I would support
18 this measure and think we have managed to
19 accomplish an agreement here which, after a
20 great number of months in which the Senate was
21 at the point, we have come to closure.
22 Thank you.
23 ACTING PRESIDENT MORAHAN: The
24 Secretary will call the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT MORAHAN:
2 Senator Balboni, to explain his vote.
3 SENATOR BALBONI: Mr. President,
4 this issue, if anyone takes a look at the
5 media, you'll see a very healthy dose of
6 skepticism. In addition to which, in this
7 chamber itself, there are many concerns raised
8 that in fact this is an imperfect solution.
9 But what must be kept in mind is
10 that this is not only what New York State is
11 doing for its state residents, but this is
12 also part of a national effort. The National
13 Conference of State Legislators has a report
14 out that indicates that over half of the
15 states in the nation are currently doing
16 something to reduce taxes on gasoline.
17 And so we play an important role,
18 not just in terms of what we're doing here
19 specifically, but rather nationally to
20 continue to put great pressure on the federal
21 government to understand that they need to do
22 something as it relates to taxes also.
23 And you know what, ladies and
24 gentlemen, keep this in mind. With a
25 $4 billion surplus, why not do this now.
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1 I vote aye. Thank you.
2 ACTING PRESIDENT MORAHAN: Thank
3 you, Senator Balboni.
4 Senator Nozzolio, to explain his
5 vote.
6 SENATOR NOZZOLIO: Thank you,
7 Mr. President.
8 Mr. President and my colleagues,
9 this is an excellent step in the right
10 direction. It is providing leadership and
11 results for our already overburdened
12 taxpayers, and I congratulate this house for
13 accepting this measure.
14 Skyrocketing gasoline prices
15 whether you drive to work, go to daycare, go
16 to the grocery store, it's a way of life
17 upstate, and upstate is hit hardest by the
18 spike in gasoline prices and the spike in
19 taxes as a result.
20 We've taken good steps here with
21 this legislation. My colleagues are so right
22 that a rational national energy policy needs
23 to be established, it needs to be established
24 in a variety of ways that ensures a broader
25 supply, ensures alternative fuels, ensures
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1 alternative vehicles, all of which we in
2 New York are poised to establish posthaste.
3 But right now, immediately, this
4 puts money in the pockets of our taxpayers who
5 deserve it, and particularly those who need to
6 drive so far to meet their everyday
7 necessities. Results, results for our
8 taxpayers.
9 I vote aye, Mr. President. It's an
10 excellent measure, a step in the right
11 direction.
12 ACTING PRESIDENT MORAHAN: Thank
13 you, Senator Nozzolio. You will be recorded
14 in the affirmative.
15 Senator DeFrancisco.
16 SENATOR DeFRANCISCO: I also vote
17 aye.
18 And you know, I just want to
19 address one part of the bill. I know there's
20 many parts that are going to provide relief to
21 taxpayers. I want to talk about the gasoline
22 tax and one aspect of it that hasn't really
23 been addressed yet.
24 When we first passed our bill in
25 December, in order to cap the sales tax on
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1 gasoline at sales prices of $2 a gallon, there
2 was a very important point: not only to
3 provide relief for the taxpayers, but to
4 eliminate a windfall that the state was
5 receiving.
6 We could talk about whether or not
7 this is going to be a major impact on the cost
8 of gasoline. It probably isn't. But what's
9 happened is when the gasoline prices are going
10 out of whack, beyond our control for the large
11 part, the state is gaining a windfall and
12 adding to the burden of the taxpayer as the
13 price of gasoline goes up.
14 And since December, while we've
15 been waiting for the Assembly to come along,
16 there's been tens of millions of dollars that
17 the state has collected from taxpayers that
18 made their burden even greater on the price
19 they pay for gasoline.
20 So this bill ends the windfall and
21 allows the taxpayers to keep their dollars,
22 instead of paying more taxes because the price
23 is going up -- and it still may continue to go
24 up -- to end that windfall. And to not end it
25 would have been unconscionable.
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1 I vote aye.
2 ACTING PRESIDENT MORAHAN: Thank
3 you, Senator DeFrancisco. You will be
4 recorded in the affirmative.
5 Senator Seward.
6 SENATOR SEWARD: Thank you,
7 Mr. President. I rise to add my voice and my
8 vote in favor of this very important
9 legislation.
10 It's been said that we in New York
11 cannot control gas prices. Obviously we
12 cannot control the weather or the hurricanes
13 that hit us last year. We can't control
14 international oil consumption or oil
15 production, for that matter. Many, many
16 aspects of this issue beyond the reach of
17 New York State.
18 However, there are some things we
19 can control in New York, and the level of
20 taxation and the way that we tax a gallon of
21 gasoline is one such way that we can have some
22 control over. And this legislation, by
23 capping that tax, is real relief for
24 overburdened taxpayers of this state.
25 Now, some have said it's only
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1 pennies a gallon. But you know what? Those
2 pennies add up. This bill will provide close
3 to $400 million of relief for the motoring
4 public in this state. That's real dollars,
5 and that's certainly going to be helpful.
6 I was at a gas station a week or so
7 ago, and a gentleman came up to me and said:
8 "You know, Senator, I am not able to meet my
9 mortgage payment this month because of these
10 high gas taxes."
11 So this is an issue that hits
12 New Yorkers in very practical ways. It hits
13 that family budget. Because as the price of
14 gas goes up, that money has to come from
15 somewhere in a family's budget.
16 So I agree with my colleagues who
17 said the State of New York should not be
18 enjoying a financial windfall because of the
19 high gas prices which have also increased the
20 taxes. So this legislation deals with that.
21 I'm also very pleased that we're
22 taking a balanced approach under this bill,
23 promoting conservation through a tax credit
24 for the replacement of home heating systems
25 which are more efficient. Also promoting
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1 alternative fuels and the distribution system
2 for those fuels.
3 This is a well-balanced approach
4 that helps everyday New Yorkers with an
5 everyday problem that they face.
6 Mr. President, I vote aye.
7 ACTING PRESIDENT MORAHAN: Thank
8 you, Senator Seward. You will be recorded in
9 the affirmative.
10 Senator Leibell, to explain his
11 vote.
12 SENATOR LEIBELL: Thank you,
13 Mr. President. I'd like to also rise in
14 support of this legislation.
15 I think we have all heard from the
16 constituency, we have heard from the consumers
17 of New York State at their outrage of the
18 price of gasoline. This has especially
19 impacted on those of us who represent
20 districts that are more suburban and rural.
21 This legislation is certainly not a
22 complete solution, but it does offer some
23 degree of price and tax relief to our
24 constituents. It gives us also an opportunity
25 to examine this problem in greater depth.
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1 This is a problem that has international
2 implications, and it certainly is a problem
3 that we are not going to see in our lifetimes
4 get any better.
5 This legislation leads us, though,
6 to a point in time where we can now
7 aggressively consider alternative forms of
8 energy. We should start to do that in
9 New York State. We should start to do it more
10 aggressively. I realize we can't establish a
11 national energy policy. But if we were a
12 separate economy in New York State, if we were
13 going to be compared to other nations, we
14 would be one of the largest economies in the
15 world. That means that we can do certain
16 things.
17 We in state government, also in
18 municipal government, should lead the way. We
19 should make sure that our energy sources, our
20 vehicles, our buildings are heated by
21 alternative sources.
22 So this is a good piece of
23 legislation, but it only begins the debate.
24 Thank you, Mr. President.
25 ACTING PRESIDENT MORAHAN: Thank
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1 you, Senator Leibell. You will be recorded in
2 the affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 58.
5 ACTING PRESIDENT MORAHAN: The
6 bill is passed.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Mr.
9 President, is there any other business at the
10 desk?
11 ACTING PRESIDENT MORAHAN: Yes,
12 we have a motion.
13 SENATOR FUSCHILLO: Please
14 recognize Senator Flanagan.
15 ACTING PRESIDENT MORAHAN:
16 Senator Flanagan.
17 SENATOR FLANAGAN: Thank you,
18 Mr. President.
19 On behalf of Mr. President, could
20 we call up Print Number 3091A.
21 ACTING PRESIDENT MORAHAN: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 698, by Senator Morahan, Senate Print 3091A,
25 an act to amend the Banking Law.
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1 SENATOR FLANAGAN: Mr. President,
2 I ask that we move to reconsider the vote by
3 which the bill was passed.
4 ACTING PRESIDENT MORAHAN: Call
5 the roll on reconsideration.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 58.
8 SENATOR FLANAGAN: Mr. President,
9 I now offer the following amendments.
10 ACTING PRESIDENT MORAHAN: The
11 amendments are received.
12 SENATOR FLANAGAN: Thank you.
13 ACTING PRESIDENT MORAHAN:
14 Senator Fuschillo.
15 SENATOR FUSCHILLO: Mr.
16 President, is there any other business at the
17 desk?
18 ACTING PRESIDENT MORAHAN: There
19 is no other business at the desk, Senator.
20 SENATOR FUSCHILLO: There being
21 no further business, I move we adjourn until
22 Tuesday, May 16th, at 3:00 p.m.
23 ACTING PRESIDENT MORAHAN: On
24 motion, the Senate stands adjourned until
25 Tuesday, May 16th, at 3:00 p.m.
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1 (Whereupon, at 4:42 p.m., the
2 Senate adjourned.)
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