Regular Session - April 20, 2010

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    April 20, 2010

        11                       4:35 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  SENATOR NEIL D. BRESLIN, Acting President

        19  ANGELO J. APONTE, 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 BRESLIN:    The

         3       Senate will please come to order.

         4                  I ask all to rise and repeat with

         5       me the Pledge of Allegiance.

         6                  (Whereupon, the assemblage recited

         7       the Pledge of Allegiance to the Flag.)

         8                  ACTING PRESIDENT BRESLIN:    The

         9       invocation today will be given by the Reverend

        10       Peter G. Young, of Mother Teresa Church in

        11       Albany, New York.

        12                  Father Young.

        13                  REVEREND YOUNG:    Let us pray.

        14                  As we experience the awesome

        15       volcano and the effects on all our nations, we

        16       must acknowledge Your creation with awareness

        17       and thanks that whatever legislative efforts

        18       we accomplish is beyond our control, and that

        19       in that prayer, then, of serenity that we must

        20       gather and say:  God grant me the serenity to

        21       change the things that we can, to accept those

        22       that we can't, and the wisdom to know the

        23       difference.

        24                  As we present these efforts today

        25       and resolutions on Earth Day and in the



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         1       preparation for Earth Day, may we again admit

         2       You, O God, are our answer and our wisdom.

         3                  Amen.

         4                  ACTING PRESIDENT BRESLIN:    The

         5       reading of the Journal.

         6                  The Secretary will read.

         7                  THE SECRETARY:    In Senate,

         8       Monday, April 19, the Senate met pursuant to

         9       adjournment.  The Journal of Sunday, April 18,

        10       was read and approved.  On motion, Senate

        11       adjourned.

        12                  ACTING PRESIDENT BRESLIN:

        13       Without objection, the Journal stands approved

        14       as read.

        15                  Presentation of petitions.

        16                  Messages from the Assembly.

        17                  Messages from the Governor.

        18                  Reports of standing committees.

        19                  Senator Klein.

        20                  SENATOR KLEIN:    Mr. President, I

        21       believe there's a report of the Finance

        22       Committee at the desk.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Klein, there is a report of the

        25       Finance Committee at the desk.



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         1                  The Secretary will read.

         2                  THE SECRETARY:    Senator C.

         3       Kruger, from the Committee on Finance, reports

         4       the following nominations.

         5                  As members of the Advisory Council

         6       on Alcoholism and Substance Abuse Services:

         7       Carlos Blanco, of New York City; Sharon

         8       Gillette, of Plattsburgh; and William Magwood,

         9       of Newburgh.

        10                  As director of the New York

        11       Convention Center Operating Corporation:

        12       Robert Azeke, of New York City.

        13                  As a member of the Board of

        14       Visitors of the Capital District Developmental

        15       Disabilities Services Office:  Patricia K.

        16       Wright, of Waterford.

        17                  As a member of the Board of

        18       Visitors of the Hudson River Psychiatric

        19       Center:  Dean H. Poorman, of Poughkeepsie.

        20                  As a member of the Board of

        21       Visitors of the Staten Island Developmental

        22       Disabilities Services Office:  Edward J.

        23       Checkett, of Staten Island.

        24                  And as a member of the Board of

        25       Visitors of the Sunmount Developmental



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         1       Disabilities Services Office:  Gilbert A.

         2       Duken, of Plattsburgh.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Kruger.

         5                  SENATOR CARL KRUGER:    Mr.

         6       President, can we please move the nominations.

         7                  ACTING PRESIDENT BRESLIN:    Are

         8       there any Senators wishing to be heard on the

         9       nominations?

        10                  The question, then, is on the

        11       nominations.  All those in favor please

        12       signify by saying aye.

        13                  (Response of "Aye.")

        14                  ACTING PRESIDENT BRESLIN:

        15       Opposed, nay.

        16                  (No response.)

        17                  ACTING PRESIDENT BRESLIN:    The

        18       motion carries.  The nominations are

        19       confirmed.

        20                  Returning to the regular order of

        21       business, reports of select committees.

        22                  Communications and reports from

        23       state officers.

        24                  Motions and resolutions.

        25                  Senator Klein.



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         1                  SENATOR KLEIN:    Mr. President, I

         2       think there are substitutions at the desk.  I

         3       ask that we make the substitutions at this

         4       time.

         5                  ACTING PRESIDENT BRESLIN:    The

         6       Secretary will read.

         7                  THE SECRETARY:    On page 20,

         8       Senator Maziarz moves to discharge, from the

         9       Committee on Energy and Telecommunications,

        10       Assembly Bill Number 5800B and substitute it

        11       for the identical Senate Bill Number 7084,

        12       Third Reading Calendar 352.

        13                  ACTING PRESIDENT BRESLIN:

        14       Substitution ordered.

        15                  THE SECRETARY:    On page 20,

        16       Senator Foley moves to discharge, from the

        17       Committee on Local Government, Assembly Bill

        18       Number 2731 and substitute it for the

        19       identical Senate Bill Number 4660, Third

        20       Reading Calendar 355.

        21                  ACTING PRESIDENT BRESLIN:

        22       Substitution ordered.

        23                  THE SECRETARY:    On page 21,

        24       Senator Duane moves to discharge, from the

        25       Committee on Health, Assembly Bill Number



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         1       5894A and substitute it for the identical

         2       Senate Bill Number 5590, Third Reading

         3       Calendar 357.

         4                  ACTING PRESIDENT BRESLIN:

         5       Substitution ordered.

         6                  THE SECRETARY:    On page 22,

         7       Senator Little moves to discharge, from the

         8       Committee on Codes, Assembly Bill Number 7203C

         9       and substitute it for the identical Senate

        10       Bill Number 285C, Third Reading Calendar 373.

        11                  ACTING PRESIDENT BRESLIN:

        12       Substitution ordered.

        13                  THE SECRETARY:    And on page 23,

        14       Senator Sampson moves to discharge, from the

        15       Committee on Codes, Assembly Bill Number 4300

        16       and substitute it for the identical Senate

        17       Bill Number 5445, Third Reading Calendar 377.

        18                  ACTING PRESIDENT BRESLIN:

        19       Substitution ordered.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Mr. President, I

        22       believe there's a resolution at the desk by

        23       Senator Ruth Hassell-Thompson.  I ask that the

        24       resolution be read in its entirety and move

        25       for its immediate adoption.



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         1                  ACTING PRESIDENT BRESLIN:

         2       Senator Klein, has this resolution been deemed

         3       privileged and submitted by the office of the

         4       Temporary President?

         5                  SENATOR KLEIN:    Yes, it has,

         6       Mr. President.

         7                  ACTING PRESIDENT BRESLIN:    The

         8       Secretary will read.

         9                  THE SECRETARY:    By Senator

        10       Hassell-Thompson, legislative resolution

        11       memorializing Governor David A. Paterson to

        12       proclaim April 21, 2010 as Denim Day in the

        13       State of New York.

        14                  "WHEREAS, It is the custom of this

        15       Legislative Body to recognize official days

        16       that are set aside to increase awareness of

        17       serious issues that affect the lives of

        18       citizens of New York State; and

        19                  "WHEREAS, The United States

        20       government has declared April as Sexual

        21       Assault Awareness Month, and Start Strong

        22       Bronx has proclaimed April 21, 2010, as Denim

        23       Day in New York State.  These two events are

        24       intended to draw much-needed attention to the

        25       fact that both rape and sexual assault remain



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         1       serious issues in our society today; and

         2                  "WHEREAS, Harmful attitudes about

         3       rape and sexual assault allow these crimes to

         4       persist and allow victim survivors to be

         5       revictimized; and

         6                  "WHEREAS, Sexual Assault Awareness

         7       Month and Denim Day were also instituted to

         8       call attention to misconceptions and

         9       misinformation about rape and sexual assault

        10       and the prevalence of sexual assault in

        11       abusive dating relationships, a problem that

        12       many in society, including adolescents, remain

        13       disturbingly uninformed with respect to issues

        14       of assault and forceable rape; and

        15                  "WHEREAS, Every two minutes,

        16       someone in America is sexually assaulted.

        17       Approximately one in six women are raped

        18       during their lifetime; youth under 18 account

        19       for 44 percent of all sexual assaults

        20       reported; 8.3 percent of New York City teens

        21       say they have been forced to have sexual

        22       intercourse; and over 90 percent of the

        23       perpetrators are known to the victim; and

        24                  "WHEREAS, With proper education on

        25       the matter, there is compelling evidence that



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         1       we can be successful in reducing incidents of

         2       this alarming and psychologically damaging

         3       crime; and

         4                  "WHEREAS, Start Strong Bronx

         5       promotes healthy relationship skills among

         6       11-to-14-year-olds and the adults in their

         7       lives; and

         8                  "WHEREAS, Denim Day was coined

         9       after an Italian judge overturned a rape

        10       verdict on the basis that the woman was

        11       wearing skinny jeans that required two people

        12       to remove; and

        13                  "WHEREAS, This year's theme of

        14       Denim Day is 'Sexual Assault is as Common As

        15       Wearing Jeans' or 'Sexual Assault is a Rite of

        16       Passage as Common as Wearing Jeans'; and

        17                  "WHEREAS, This Legislative Body

        18       strongly supports the efforts of Start Strong

        19       Bronx to educate persons in our community

        20       about the true impact of rape and sexual

        21       assault in New York City; now, therefore, be

        22       it

        23                  "RESOLVED, That this Legislative

        24       Body pause in its deliberations to memorialize

        25       Governor David A. Paterson to proclaim



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         1       April 21, 2010, as Denim Day in the State of

         2       New York, and be it further

         3                  "RESOLVED, That copies of this

         4       resolution, suitably engrossed, be transmitted

         5       to the Honorable David A. Paterson, Governor

         6       of the State of New York, and Start Strong

         7       Bronx."

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Hassell-Thompson.

        10                  SENATOR HASSELL-THOMPSON:    Thank

        11       you, Mr. President.

        12                  I didn't anticipate that the

        13       resolution was going to be read in its

        14       entirety, but I do appreciate the Secretary

        15       doing so.

        16                  Let me just say that there is just

        17       a slight history, I think, which you have just

        18       heard as to why we would commemorate Denim

        19       Day.

        20                  In Italy, on July 12, 1992, an

        21       18-year-old student reported to the police

        22       that her 45-year-old driving instructor had

        23       raped her the previous day during a driving

        24       lesson.  She recounted that the man had driven

        25       her to a secluded pathway outside the



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         1       inhabited area where, after flinging her down

         2       on the ground and slipping off her blue jeans

         3       from one leg, he brutally raped her.

         4                  A different version of the facts

         5       was reported to the police by the driving

         6       instructor once he was arrested.  Indeed, he

         7       confirmed in having had sexual intercourse

         8       with the student at the time, but claimed it

         9       had been consensual.

        10                  The Italian supreme court rebutted

        11       the appellate court's decision ruling in favor

        12       of the victim that had evaluated the partial

        13       removal of the blue jeans as evidence of the

        14       victim's lack of consent, stating on the

        15       contrary that it would have been peculiar for

        16       a girl to undress in the middle of the day

        17       even if she had consented.

        18                  Moreover, the supreme court pointed

        19       out that it is a fact of common experience

        20       that it is nearly impossible to slip off tight

        21       jeans, even partially, without the active

        22       collaboration of the person who is wearing

        23       such.  Considering this, the supreme court

        24       conclusively squashed the previous conviction

        25       and remanded the case to the court of appeals



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         1       of Naples, which ultimately acquitted the man.

         2                  Every two minutes, someone in

         3       America is sexually assaulted.  Approximately

         4       one in six women are raped during their

         5       lifetime.  Youth under 18 account for

         6       44 percent of all sexual assaults reported.

         7       8.3 percent of New York City teens say that

         8       they have been forced to have sexual

         9       intercourse.  Over 90 percent of their

        10       perpetrators are known to the victims.

        11                  The consequences of sexual violence

        12       are far-ranging, causing long-term physical

        13       and emotional damage.  Sexual violence does

        14       not always manifest itself in physical form.

        15       It also involves coercion, threats and

        16       intimidation.  Sexual violence does not

        17       discriminate.  There is no single race,

        18       religion or socioeconomic status associated

        19       with this violent act.

        20                  In order to successfully educate

        21       all people, both young and old, about the

        22       devastating consequences of violence and

        23       abuse, we must take the scourge and fear away

        24       from discussions involving sexual violence and

        25       abuse.



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         1                  Mr. President, I would like to hope

         2       that those of my colleagues in this chamber

         3       would understand the importance of this act of

         4       violence and commemorate with me tomorrow

         5       Denim Awareness Day, and break the dress code

         6       and wear denim in commemoration of this act.

         7                  Thank you, Mr. President.

         8                  ACTING PRESIDENT BRESLIN:    Thank

         9       you, Senator Hassell-Thompson.

        10                  Are there any other Senators

        11       wishing to be heard on the resolution?

        12                  The question is then on the

        13       resolution.  All those in favor please signify

        14       by saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT BRESLIN:

        17       Opposed, nay.

        18                  (No response.)

        19                  ACTING PRESIDENT BRESLIN:    The

        20       resolution is adopted.

        21                  Senator Hassell-Thompson has

        22       indicated that she would like to open up the

        23       resolution for cosponsorship by the entire

        24       house.  Any Senator wishing not to be on the

        25       resolution please signify by coming to the



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         1       desk.

         2                  Senator --

         3                  SENATOR MARCELLINO:    It's

         4       Marcellino.

         5                  ACTING PRESIDENT BRESLIN:    Yes, I

         6       know who it is.

         7                  SENATOR MARCELLINO:    It's been a

         8       while.

         9                  ACTING PRESIDENT BRESLIN:    Why do

        10       you rise?

        11                  SENATOR MARCELLINO:    On Senator

        12       Hassell-Thompson's bill -- or resolution,

        13       rather -- I would love to be in absolute

        14       support but unfortunately did not bring the

        15       kind of clothes you're asking for with me.

        16       And I don't want that to be perceived as a

        17       lack of support for the issue.

        18                  So I will be happy to be of

        19       support, but I cannot with the dress code that

        20       you're asking for.  Please forgive.

        21                  ACTING PRESIDENT BRESLIN:    Thank

        22       you, Senator Marcellino.

        23                  Senator Klein.

        24                  SENATOR KLEIN:    Mr. President, at

        25       this time I move that we pass the Resolution



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         1       Calendar in its entirety, with the exception

         2       of Resolutions 4727 and 4503.

         3                  ACTING PRESIDENT BRESLIN:    All

         4       those in favor of adopting the Resolution

         5       Calendar in its entirety, with the exception

         6       of Senate Resolutions 4727 and 4503, please

         7       signify by saying aye.

         8                  (Response of "Aye.")

         9                  ACTING PRESIDENT BRESLIN:

        10       Opposed, nay.

        11                  (No response.)

        12                  ACTING PRESIDENT BRESLIN:    The

        13       Resolution Calendar is adopted.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Mr. President, at

        16       this time I move to take up Senate Resolution

        17       Number 4727, by Senator Antoine Thompson.  I

        18       ask that the title of the resolution be read

        19       and move for its immediate adoption.

        20                  ACTING PRESIDENT BRESLIN:    The

        21       Secretary will read.

        22                  THE SECRETARY:    By Senator

        23       Thompson, Legislative Resolution Number 4727,

        24       commemorating the 40th Anniversary of Earth

        25       Day on April 22, 2010.



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         1                  ACTING PRESIDENT BRESLIN:

         2       Senator Thompson.

         3                  SENATOR THOMPSON:    Yes, sir,

         4       Mr. President.  I won't be long, because I'm

         5       sure the debate on many bills today will be

         6       long.

         7                  But I want to just thank you first

         8       for recognizing me.  And I also would like to

         9       say that this Thursday we will celebrate the

        10       40th Earth Day in the United States of

        11       America.

        12                  And Earth Day has grown, and many

        13       people are becoming more and more aware about

        14       environmental policy.  And it really

        15       represents not only the growth of America but

        16       also it represents the growth of the world as

        17       well.

        18                  In fact, because of the extreme

        19       changes in our weather patterns -- in places

        20       that never received snow, now they're

        21       receiving snow on a regular basis.  In fact, I

        22       often tease my colleagues here on both sides

        23       of the aisle that, you know, New York City and

        24       Long Island got a lot of snow this year.  So

        25       that's part of, I believe, climate change.



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         1                  But also, the reality is that years

         2       ago we had a place in Niagara County called

         3       Niagara Falls, and there was a little

         4       community within Niagara Falls out in La Salle

         5       they were impacted by a place and they called

         6       it the Love Canal.  And because of a young

         7       lady named Lois Gibbs and some committed

         8       residents from Niagara County, they spawned an

         9       entire environmental justice movement because

        10       they refused to accept what local government

        11       officials and corporate people said, that

        12       nothing was wrong related to the chemical

        13       pollution in their community.

        14                  They fought back.  It wasn't easy.

        15       People said they were crazy.  They thought

        16       that were from Mars or from the moon.  But it

        17       turned out that those committed group of

        18       residents were right.

        19                  And because of people like Lois

        20       Gibbs and all the folks out in the La Salle

        21       community of Niagara Falls, now we have more

        22       environmental protection in the United States

        23       of America and particularly in New York State.

        24                  We know that we must protect not

        25       only our current residents but future



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         1       generations as well.  And so on Earth Day, on

         2       our 40th Earth Day, I hope that today that we

         3       will pass a number of good bills that have

         4       been debated.  Some of these bills are on

         5       G print.  And as all the more experienced

         6       members know -- I'm only in my second term --

         7       G print means that we made a number of

         8       revisions listening to the concerns of various

         9       people.

        10                  So I'm glad that we are celebrating

        11       the 40th Earth Day, and let's get down to the

        12       people's business so we can pass some good

        13       bills today.

        14                  Thank you.

        15                  (Applause from the gallery.)

        16                  ACTING PRESIDENT BRESLIN:

        17       Senator Marcellino.

        18                  SENATOR MARCELLINO:    It's not

        19       often we get applauded for it before we act.

        20                  Senator Thompson, thank you for

        21       putting the resolution up.  I appreciate the

        22       fact this is Earth Day and it is a day we

        23       should be celebrating the earth.

        24                  Frankly, it bothers me that we

        25       relegate it to one day; 365 days a year should



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         1       be Earth Day.  There should be no day when it

         2       isn't Earth Day.  There's no such thing as a

         3       Republican Clean Water Act, there's no such

         4       thing as a Democrat Clean Air Act.  We all

         5       breathe the same air, we all drink the same

         6       water, and we all live on the same planet.

         7       And the last time I looked, they ain't making

         8       any more of them.

         9                  So we've got to protect the one

        10       that we live on so that we can pass it on in

        11       better form than we have found it so that our

        12       grandchildren and their children's children

        13       can live on this planet in safety, with clean

        14       air and clean water and plenty of open space

        15       and lots of critters to look at and to have

        16       some fun with.

        17                  Unfortunately, in some cases we

        18       have a bit of revisionist history that has

        19       come out.  And it comes to my attention in a

        20       memo put out in support of the resolution and

        21       in support of some of the legislation that has

        22       come out today.  And I'll read just a bit of

        23       it.

        24                  It says, "We are delighted" -- and

        25       this comes from one of the organizations in



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         1       support, and I won't name it because I don't

         2       want to get personal.  But "We are delighted

         3       that the Senate is moving a package of

         4       environmental bills on Earth Day this year.

         5       This could be the first time in the 20-year

         6       history of Earth Day that both houses bring

         7       key priority bills of New York's environmental

         8       community to the floor for a vote, such as

         9       e-waste and restoring the public's right to

        10       enforce the SEQRA law."

        11                  It's interesting because, as you

        12       know on this floor, in this house, I chaired

        13       the committee from 1996 to 2008.  And during

        14       those years we passed what I consider to be a

        15       number of very powerful and very strong

        16       environmental laws -- not only on Earth Day,

        17       but on other days during the year.

        18                  Senator Thompson spoke about Love

        19       Canal, one of the driving forces behind the

        20       brownfields Superfund Reform Act, which was

        21       Chapter 1 of 2003, a bill that I was

        22       privileged to be one of the prime sponsors of.

        23       We passed a whole host of bills:  The

        24       pesticide notification law, something we'll be

        25       talking about perhaps a little bit later.  The



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         1       nation's first law phasing out the groundwater

         2       contaminant MTBE from gasoline.  The Clean Air

         3       Clean Water Bond Act in 1996.  The law

         4       enacting tax credits for alternative-fuel

         5       vehicles.

         6                  These bills, by the way, for the

         7       most part passed unanimously in this chamber

         8       and in the other chamber as well.  So these

         9       are bipartisan bills.  You know, I'm not

        10       looking to take sole credit for this, but this

        11       is bipartisan behavior that has occurred in

        12       this chamber and in this Legislature.

        13                  And I think it's worth noting that

        14       this is not the first time in 20 years we've

        15       done this kind of stuff; we've been doing it

        16       all along.  And I think credit should be given

        17       where credit is due.

        18                  The Net Electric Metering Act to

        19       encourage solar power, done in 1997.  The

        20       emissions testing for heavy-duty diesel

        21       vehicles in 1998.  The ban on lead sinkers.

        22       The Acid Rain Prevention Act.  I could go on

        23       and read a bunch of other bills, all of which

        24       I consider significant improvements to the

        25       environment, that were passed between 1996 and



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         1       2008.

         2                  I look forward to helping and being

         3       there and working with my colleagues on the

         4       other side of the aisle so we can add to that

         5       long list of illustrious laws that this

         6       Legislature, led by this chamber, has passed.

         7       And I think I am very proud of this set of

         8       bills -- I am very proud of this set of laws.

         9       Because these were not just bills, these were

        10       all laws, signed into law.  Over 112 during

        11       that same period of time that I just

        12       mentioned, passed into law.  Laws.  Not

        13       one-house bills, laws.

        14                  So, ladies and gentlemen, we have a

        15       lot to be proud of in this state on

        16       environmental issues.  I've been proud to be

        17       part of it.  Look forward to being part of it

        18       for a long time to come.  I intend to be here

        19       for a long time to come.

        20                  Thank you, Senator.  And I

        21       appreciate the attention to the environment.

        22                  ACTING PRESIDENT BRESLIN:    Thank

        23       you, Senator Marcellino.

        24                  Senator Foley.

        25                  SENATOR FOLEY:    Thank you,



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         1       Mr. President.

         2                  And I stand also to commend the

         3       chair of the Environmental Conservation

         4       Committee on this anniversary for Earth Day.

         5       It's a very important anniversary.  And also

         6       with a series of bills which we will be

         7       reviewing and hopefully approving today that

         8       also speak to the nexus between public health

         9       and our environment.

        10                  So while we do celebrate Earth Day

        11       and all that that means, I think it's also a

        12       way for us to reemphasize, if you will, the

        13       very basic proposition of how a healthy earth

        14       and environment and how public health and

        15       environment are intertwined, and today's bills

        16       will in fact emphasize and amplify that

        17       particular point.

        18                  So again, I want to thank Senator

        19       Thompson for putting this bill forward.  This

        20       is perhaps one of the most successful areas of

        21       public policy.  And as Senator Marcellino said

        22       a short while back, that over a period of

        23       years both Republicans and Democrats have

        24       supported environmental initiatives, although

        25       there's been an ebb and flow to those kinds of



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         1       initiatives over these past number of years,

         2       particularly at the federal level.

         3                  But let's just say that today we

         4       hope we can find common ground in the, let's

         5       say, twin pursuit of protecting the

         6       environment and protecting public health.

         7                  Thank you, Mr. President.

         8                  ACTING PRESIDENT BRESLIN:    Thank

         9       you, Senator Foley.

        10                  Are there any other Senators

        11       wishing to be heard on the resolution?

        12                  Hearing none, the question is on

        13       the resolution.  All those in favor please

        14       signify by saying aye.

        15                  (Response of "Aye.")

        16                  ACTING PRESIDENT BRESLIN:

        17       Opposed nay.

        18                  (No response.)

        19                  ACTING PRESIDENT BRESLIN:    The

        20       resolution is adopted.

        21                  Senator Thompson has indicated that

        22       he would like to open the resolution up for

        23       cosponsorship by the entire house.  Any

        24       Senator wishing not to be on the resolution

        25       please notify the desk.



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         1                  Senator Klein.

         2                  SENATOR KLEIN:    Mr. President, at

         3       this time can we take up Resolution Number

         4       4503, by Senator Thompson.  I ask that the

         5       title of the resolution be read and move for

         6       its immediate adoption.

         7                  ACTING PRESIDENT BRESLIN:    The

         8       Secretary will read.

         9                  THE SECRETARY:    By Senator

        10       Thompson, Legislative Resolution Number 4503,

        11       urging the New York State Congressional

        12       delegation to address the problem of shipping

        13       electronic waste to developing countries,

        14       including consideration of legislation similar

        15       to HR2595.

        16                  ACTING PRESIDENT BRESLIN:    Are

        17       there any Senators wishing to speak on the

        18       resolution?

        19                  Hearing none, the question is on

        20       the resolution.  All those in favor please

        21       signify by saying aye.

        22                  (Response of "Aye.")

        23                  ACTING PRESIDENT BRESLIN:

        24       Opposed, nay.

        25                  (No response.)



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         1                  ACTING PRESIDENT BRESLIN:    The

         2       resolution is adopted.

         3                  Senator Klein.

         4                  SENATOR KLEIN:    Mr. President,

         5       there will be an immediate meeting of the

         6       Rules Committee in the Majority Conference

         7       Room.

         8                  Pending the return of the Rules

         9       Committee, can we please stand at ease.

        10                  ACTING PRESIDENT BRESLIN:    There

        11       will be an immediate meeting of the Rules

        12       Committee in Room 332.

        13                  Pending the return of the Rules

        14       Committee, the Senate will stand at ease.

        15                  (Whereupon, the Senate stood at

        16       ease at 5:02 p.m.)

        17                  (Whereupon, the Senate reconvened

        18       at 5:42 p.m.)

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Klein.

        21                  SENATOR KLEIN:    Mr. President, at

        22       this time can we go to a reading of the

        23       calendar.

        24                  ACTING PRESIDENT BRESLIN:    Yes.

        25       The Secretary will read.



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         1                  THE SECRETARY:    Calendar Number

         2       29, by Senator Thompson, Senate Print 1635, an

         3       act to amend the Environmental Conservation

         4       Law.

         5                  SENATOR LIBOUS:    Lay it aside.

         6                  ACTING PRESIDENT BRESLIN:    The

         7       bill is laid aside.

         8                  THE SECRETARY:    Calendar Number

         9       82, by Senator Thompson, Senate Print 3777A,

        10       an act to amend the Environmental Conservation

        11       Law.

        12                  ACTING PRESIDENT BRESLIN:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 3.  This

        15       act shall --

        16                  SENATOR LIBOUS:    Lay it aside.

        17                  ACTING PRESIDENT BRESLIN:    The

        18       bill is laid aside.

        19                  THE SECRETARY:    Calendar Number

        20       133, by Senator Squadron, Senate Print 6141B,

        21       an act to amend the Environmental Conservation

        22       Law.

        23                  ACTING PRESIDENT BRESLIN:    Read

        24       the last section.

        25                  SENATOR LIBOUS:    Lay it aside.



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         1                  ACTING PRESIDENT BRESLIN:    The

         2       bill is laid aside.

         3                  THE SECRETARY:    Calendar Number

         4       160, by Senator Stewart-Cousins, Senate Print

         5       5119, an act to amend the State Finance Law.

         6                  ACTING PRESIDENT BRESLIN:    Read

         7       the last section.

         8                  SENATOR LIBOUS:    Lay it aside.

         9                  ACTING PRESIDENT BRESLIN:    The

        10       bill is laid aside.

        11                  THE SECRETARY:    Calendar Number

        12       297, by Senator L. Krueger, Senate Print

        13       3593B, an act to amend the Environmental

        14       Conservation Law.

        15                  ACTING PRESIDENT BRESLIN:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 3.  This

        18       act shall take effect on the 90th day.

        19                  ACTING PRESIDENT BRESLIN:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT BRESLIN:

        23       Announce the results.

        24                  THE SECRETARY:    In relation to

        25       Calendar Number 297:  Ayes, 58.  Nays, 2.



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         1       Senators Flanagan and Little recorded in the

         2       negative.

         3                  ACTING PRESIDENT BRESLIN:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       330, by Senator Foley, Senate Print 4983C, an

         7       act to amend the Environmental Conservation

         8       Law.

         9                  SENATOR LIBOUS:    Lay it aside.

        10                  ACTING PRESIDENT BRESLIN:    The

        11       bill is laid aside.

        12                  Senator Klein, that completes the

        13       reading of the noncontroversial calendar.

        14                  SENATOR KLEIN:    Mr. President, on

        15       Calendar Number 82, Senate Number 3777A,

        16       Senator Thompson's bill, can we please lay

        17       that bill aside for the day.

        18                  ACTING PRESIDENT BRESLIN:    The

        19       bill is laid aside for the day.

        20                  Senator Klein.

        21                  SENATOR KLEIN:    Mr. President,

        22       upon unanimous consent, I ask that the

        23       calendar be opened so that Senator Savino and

        24       Senator Schneiderman can vote on the bills.

        25                  SENATOR LIBOUS:    Agreed.



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         1                  ACTING PRESIDENT BRESLIN:    The

         2       Secretary will open the roll for each of the

         3       bills.

         4                  THE SECRETARY:     Calendar Number

         5       29, by Senator Thompson, Senate Print 1635, an

         6       act to amend the Environmental Conservation

         7       Law.

         8                  ACTING PRESIDENT BRESLIN:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 3.  This

        11       act shall take effect immediately.

        12                  ACTING PRESIDENT BRESLIN:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT BRESLIN:

        16       Senator Savino.

        17                  SENATOR SAVINO:    Yes.

        18                  THE SECRETARY:    Senator

        19       Schneiderman.

        20                  SENATOR SCHNEIDERMAN:    Yes.

        21                  ACTING PRESIDENT BRESLIN:    The

        22       roll is withdrawn, and the bill is laid aside.

        23                  THE SECRETARY:    Calendar Number

        24       133, by Senator Squadron, Senate Print 6141B,

        25       an act to amend the Environmental Conservation



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         1       Law.

         2                  ACTING PRESIDENT BRESLIN:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 3.  This

         5       act shall take effect on the first of January

         6       next succeeding.

         7                  ACTING PRESIDENT BRESLIN:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Savino.

        12                  SENATOR SAVINO:    Yes.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Schneiderman.

        15                  SENATOR SCHNEIDERMAN:    Yes.

        16                  ACTING PRESIDENT BRESLIN:    The

        17       roll is withdrawn, and the bill is laid aside.

        18                  The Secretary will continue to

        19       read.

        20                  THE SECRETARY:    Calendar Number

        21       160, by Senator Stewart-Cousins, Senate Print

        22       5119, an act to amend the State Finance Law.

        23                  ACTING PRESIDENT BRESLIN:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 2.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT BRESLIN:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Savino.

         7                  SENATOR SAVINO:    Yes.

         8                  THE SECRETARY:    Senator

         9       Schneiderman.

        10                  SENATOR SCHNEIDERMAN:    Yes.

        11                  ACTING PRESIDENT BRESLIN:    The

        12       roll is withdrawn, and the bill is laid aside.

        13                  THE SECRETARY:    Calendar Number

        14       330, by Senator Foley, Senate Print 4983C, an

        15       act to amend the Environmental Conservation

        16       Law.

        17                  ACTING PRESIDENT BRESLIN:    Read

        18       the last section.

        19                  THE SECRETARY:    Section 5.  This

        20       act shall take effect on the 180th day.

        21                  ACTING PRESIDENT BRESLIN:    Call

        22       the roll.

        23                  (The Secretary called the roll.)

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Savino.



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         1                  SENATOR SAVINO:    Yes.

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Schneiderman.

         4                  SENATOR SCHNEIDERMAN:    Yes.

         5                  ACTING PRESIDENT BRESLIN:    The

         6       roll is withdrawn, and the bill is laid aside.

         7                  Senator Klein.

         8                  SENATOR KLEIN:    Mr. President, I

         9       believe there's a report of the Rules

        10       Committee at the desk.  I move we adopt the

        11       report at this time.

        12                  ACTING PRESIDENT BRESLIN:    The

        13       Secretary will read.

        14                  THE SECRETARY:    Senator Smith,

        15       from the Committee on Rules, reports the

        16       following bills:

        17                  Senate Print 3296G, by Senator

        18       Thompson, an act to amend the Environmental

        19       Conservation Law;

        20                  3788C, by Senator Libous, an act to

        21       amend the Environmental Conservation Law and

        22       the Public Health Law;

        23                  And Senate Print 6047A, by Senator

        24       Thompson, an act to amend the Environmental

        25       Conservation Law.



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         1                  All bills ordered direct to third

         2       reading.

         3                  ACTING PRESIDENT BRESLIN:    All

         4       those in favor of adopting the Rules Committee

         5       report please signify by saying aye.

         6                  (Response of "Aye.")

         7                  ACTING PRESIDENT BRESLIN:

         8       Opposed, nay.

         9                  (No response.)

        10                  ACTING PRESIDENT BRESLIN:    The

        11       Rules Committee report is adopted.

        12                  Senator Klein.

        13                  SENATOR KLEIN:    Mr. President, at

        14       this time can we please go to a

        15       noncontroversial reading of Supplemental

        16       Calendar Number 37A.

        17                  ACTING PRESIDENT BRESLIN:    The

        18       Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       399, by Senator Thompson, Senate Print --

        21                  SENATOR LIBOUS:    Lay it aside.

        22                  ACTING PRESIDENT BRESLIN:    Excuse

        23       me, Senator Libous.

        24                  Senator Winner, why do you rise?

        25                  SENATOR WINNER:    Mr. President, I



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         1       do not have a copy of the supplemental

         2       calendar.

         3                  ACTING PRESIDENT BRESLIN:    I

         4       certainly will make sure that we hold all

         5       proceedings until you are afforded a chance to

         6       have a copy.

         7                  SENATOR WINNER:    Thank you.

         8                  ACTING PRESIDENT BRESLIN:    The

         9       bill is laid aside, and the Secretary will

        10       continue to read.

        11                  THE SECRETARY:    Calendar Number

        12       400, by Senator Libous, Senate Print 3788C, an

        13       act to amend the Environmental Conservation

        14       Law and the Public Health Law.

        15                  ACTING PRESIDENT BRESLIN:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 5.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT BRESLIN:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT BRESLIN:

        23       Announce the results.

        24                  THE SECRETARY:    Ayes, 60.

        25                  ACTING PRESIDENT BRESLIN:    The



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         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       401, by Senator Thompson, Senate Print 6047A,

         4       an act to amend the Environmental Conservation

         5       Law.

         6                  ACTING PRESIDENT BRESLIN:    Read

         7       the last section.

         8                  THE SECRETARY:    Section 5.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT BRESLIN:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Craig Johnson, to explain his vote.

        15                  SENATOR CRAIG JOHNSON:    Thank you

        16       very much, Mr. President.  I rise today to

        17       support this piece of legislation.

        18                  First, I want to thank the sponsor,

        19       Senator Thompson.  Last year we had a very

        20       vigorous debate on the floor of this house

        21       concerning this legislation involving e-waste

        22       recycling.  And at that time, myself and

        23       others had expressed significant concerns

        24       about the bill.  Notwithstanding our support

        25       of the concept of e-waste, we had trouble with



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         1       the bill language and in particular had hoped

         2       to see particular amendments.

         3                  Today we've seen that amended bill.

         4       And I want to thank Senator Thompson for

         5       working with my office and others to make sure

         6       that some of these concerns were addressed.

         7                  There are -- I think we can go a

         8       little bit farther.  But right now there is

         9       such a need to finally address the issue

        10       statewide when it comes to e-waste recycling

        11       that this a good first start.

        12                  And so, Senator Thompson, I want to

        13       thank you again for your stringent advocacy,

        14       but also, more importantly, sitting down and

        15       working with myself and others who did express

        16       concerns about the scope of the bill.

        17                  So today I'm proud to say that I

        18       will be voting yes for this piece of

        19       legislation.

        20                  ACTING PRESIDENT BRESLIN:    Thank

        21       you, Senator Johnson.

        22                  Senator Marcellino, to explain his

        23       vote.

        24                  SENATOR MARCELLINO:    Yes, thank

        25       you, Mr. President.  To explain my vote.



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         1                  Again, I also would like to add my

         2       voice to the thank-yous because this bill was

         3       a pet of mine for some seven or eight years

         4       prior, bringing this bill first up to the

         5       state so that we could get it negotiated,

         6       going through an awful lot of negotiations

         7       throughout the Northeast to try to bring this

         8       bill in concert with the Northeast region.

         9                  This bill is a good bill.  It is a

        10       bill that addresses an issue that must be

        11       addressed now.  If we don't address this bill

        12       now and the recycling of e-waste, we end up

        13       with another tire problem.  Where we had

        14       mountains of tires all over the place, we'll

        15       have more than mountains.  The mountains of

        16       electronic waste substances will make the

        17       mountains of tires that used to be around the

        18       state look like, you know, the Catskills

        19       compared to the Alps.

        20                  This is an important bill.  This

        21       bill is timely.  I hope the other house takes

        22       it up.  I don't believe there's at this point

        23       in time a same-as, but we have hopes.  And I

        24       hope that it does get through and does pass,

        25       because it's a worthy bill and a worthy cause.



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         1                  I will be voting aye and am very

         2       proud to do so.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Marcellino will be recorded in the

         5       affirmative.

         6                  Senator Thompson, to explain his

         7       vote.

         8                  SENATOR THOMPSON:    Thank you,

         9       Mr. Chairperson.  I won't be long.

        10                  I want to thank my colleagues for

        11       supporting this bill.  We've put a lot of time

        12       and effort into this.  Most of the major

        13       computer companies across the state and that

        14       do business in the state are supporting the

        15       bill.  And we look forward to moving this bill

        16       forward as well.

        17                  Thank you for your support.

        18                  ACTING PRESIDENT BRESLIN:    Thank

        19       you, Senator Thompson.  Senator Thompson will

        20       be recorded in the affirmative.

        21                  Announce the results.

        22                  THE SECRETARY:    Ayes, 60.  Nays,

        23       0.

        24                  ACTING PRESIDENT BRESLIN:    The

        25       bill is passed.



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         1                  Senator Klein, that completes the

         2       reading of the noncontroversial portion of the

         3       supplemental calendar.

         4                  SENATOR KLEIN:    Mr. President,

         5       upon unanimous consent, I ask that the

         6       supplemental calendar be opened so that

         7       Senator Savino and Senator Schneiderman can

         8       vote on each of the bills.

         9                  ACTING PRESIDENT BRESLIN:    The

        10       Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       399, by Senator Thompson, Senate Print 3296G,

        13       an act to amend the Environmental Conservation

        14       Law.

        15                  ACTING PRESIDENT BRESLIN:    Read

        16       the last section.

        17                  THE SECRETARY:    Section 4.  This

        18       act shall take effect immediately.

        19                  ACTING PRESIDENT BRESLIN:    Call

        20       the roll.

        21                  (The Secretary called the roll.)

        22                  ACTING PRESIDENT BRESLIN:

        23       Senator Savino.

        24                  SENATOR SAVINO:    Yes.

        25                  ACTING PRESIDENT BRESLIN:



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         1       Senator Schneiderman.

         2                  SENATOR SCHNEIDERMAN:    Yes.

         3                  ACTING PRESIDENT BRESLIN:    The

         4       roll is withdrawn, and the bill is laid aside.

         5                  Senator Klein.

         6                  SENATOR KLEIN:    Mr. President, at

         7       this time can we please go to the reading of

         8       the controversial calendar.

         9                  ACTING PRESIDENT BRESLIN:    The

        10       Secretary will read.

        11                  THE SECRETARY:    Calendar Number

        12       29, by Senator Thompson, Senate Print 1635, an

        13       act to amend the Environmental Conservation

        14       Law.

        15                  SENATOR LIBOUS:    Explanation.

        16                  ACTING PRESIDENT BRESLIN:    An

        17       explanation has been requested, Senator

        18       Thompson.

        19                  SENATOR THOMPSON:    First let me

        20       thank you for the opportunity to speak on this

        21       very important piece of legislation.

        22                  The SEQRA bill is something that

        23       many of us have been working on for some time.

        24       And some individuals may cast negative

        25       thoughts about the bill, but it simply gives



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         1       people in various communities an opportunity

         2       to sue when they think that they have been

         3       done wrong by an institution or an

         4       organization.

         5                  This is not what some people have

         6       tried to display or demonstrate or

         7       characterize as a citizens' suit bill.  It is

         8       not an opportunity where anyone who believes

         9       that they are -- one of the things that people

        10       have tried to suggest that, well, that you can

        11       live in one part of the state and go to

        12       another part and sue for a case in another

        13       part of the state and actually slow down

        14       projects.  We would never, ever, and I would

        15       never support a type of bill that would allow

        16       that to happen.

        17                  This bill simply removes barriers

        18       to the courts for plaintiffs in controversies

        19       around SEQRA, New York's time-honored

        20       environmental review mechanism for

        21       community-based development, restoring the

        22       injury in fact/zones of interest.  It provides

        23       standing tests for SEQRA claims which served

        24       the state well for many years.

        25                  SEQRA is virtually unenforceable in



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         1       many cases if not most cases.  One of the

         2       issues that has been brought forward is that

         3       this will clog up the courts.  And I want you

         4       to know that the New York Bar Association and

         5       others have provided documentation.  Since

         6       1990 -- they gave us a nice report -- since

         7       1990, over 300,000 cases have been settled in

         8       State Supreme Court, and less than 100 every

         9       year are settled based on SEQRA.  So to

        10       suggest that this will tie up the courts is

        11       simply not true.

        12                  And we know that hiring attorneys

        13       is not a cheap endeavor.  We also know that

        14       courts today take many cases seriously, but

        15       they also throw out frivolous cases as well.

        16                  And so I believe that this is a

        17       good bill.  I believe that it will protect

        18       people.  But also, we don't go to the extreme

        19       of making it possible for just anyone who

        20       wants to clog up the courts.  I would never

        21       support that type of endeavor.

        22                  ACTING PRESIDENT BRESLIN:    Why do

        23       you rise, Senator Flanagan?

        24                  SENATOR FLANAGAN:    Mr. President,

        25       would Senator Thompson yield to several



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         1       questions, please.

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Thompson, will you yield to several

         4       questions from Senator Flanagan?

         5                  SENATOR THOMPSON:    Yes, sir.

         6                  ACTING PRESIDENT BRESLIN:    You

         7       may proceed, Senator Flanagan.

         8                  SENATOR FLANAGAN:    Thank you.

         9                  Senator Thompson, I listened to

        10       your comments, and it covers part of what I

        11       wanted to ask you about.  But let me just

        12       start off by talking about the DEC for a

        13       moment, because you characterized this that

        14       SEQRA actions are virtually unenforceable or

        15       completely unenforceable.

        16                  Do you have any reports or facts or

        17       statistics that can back up the claim?

        18       Because it sounds like you're saying that the

        19       DEC is simply not doing their job.

        20                  SENATOR THOMPSON:    I'm not

        21       suggesting that.  What I am suggesting, sir,

        22       is that the issue of determining special harm

        23       sometimes can be challenging.

        24                  What I'm also suggesting is that

        25       whether at the local level or -- at the local



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         1       level, you really don't have -- or at the

         2       court level you really don't have a lot of

         3       these cases being tied up in the courts, which

         4       has been one of the bones of contention.

         5                  I think the DEC does a very good

         6       job.  However, in terms of when it comes down

         7       to SEQRA, you really need a little more teeth.

         8       But I don't think we're giving them, you know,

         9       a thousand extra teeth.

        10                  SENATOR FLANAGAN:    I would

        11       assume, based on your work on this --

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Flanagan, do you wish to ask another

        14       question?

        15                  SENATOR FLANAGAN:    Yes,

        16       Mr. President.

        17                  ACTING PRESIDENT BRESLIN:

        18       Continue.

        19                  SENATOR FLANAGAN:    Would Senator

        20       Thompson yield?

        21                  SENATOR THOMPSON:    Yes,

        22       absolutely.  Yes, sir.  I got all day.

        23                  SENATOR FLANAGAN:    I would assume

        24       that based on your work on this issue that you

        25       are familiar with the Pine Bush Court of



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         1       Appeals case.

         2                  SENATOR THOMPSON:    Yes.

         3                  SENATOR FLANAGAN:    Is it your

         4       belief that this legislation codifies that

         5       case, or does it lessen that case, or does it

         6       go beyond that case?

         7                  It's a three-part question,

         8       Mr. President.

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Thompson.

        11                  SENATOR THOMPSON:    Yes, I believe

        12       that under the -- this particular bill will

        13       not only codify it but also clarify it as well

        14       in terms of what the -- it would also clarify

        15       it.

        16                  SENATOR FLANAGAN:    Mr. President,

        17       through you.  Senator Thompson, how would you

        18       suggest that this bill provides clarification

        19       beyond what the Court of Appeals decided?

        20                  Because in my reading, right in the

        21       beginning of the case it says:  "We hold that

        22       a person who can prove that her or she uses

        23       and enjoys a natural resource more than most

        24       other members of the public has standing under

        25       SEQRA to challenge government actions that



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         1       threaten that resource."  That seems pretty

         2       clear to me.

         3                  What does your legislation -- how

         4       does it provide more clarity?

         5                  SENATOR THOMPSON:    I would

         6       suggest that people would be able to bring a

         7       suit in a particular situation.

         8                  It also would allow, for example,

         9       if there were parents who were impacted by a

        10       particular project, they would be able to

        11       bring -- it would allow the parents of the

        12       children to bring a suit against a particular

        13       company for air pollution or other things that

        14       they can prove that they have been impacted

        15       by, whether it's asthma, cancer, or something

        16       of that nature.

        17                  I don't believe it's a situation

        18       where someone is driving down the street and

        19       they happen to drive past a factory that has

        20       black smoke coming out of the factory and then

        21       they can then say "I happened to be driving

        22       down the street this day and I believe I

        23       inhaled fumes, and now I can sue."  I think

        24       that's the more extreme measure that some

        25       people have tried to suggest.



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         1                  So I think this bill simply allows

         2       folks who believe that they have been harmed,

         3       they have to, one, plea and be able to

         4       demonstrate that they've been harmed and then

         5       take that to court.

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Flanagan.

         8                  SENATOR FLANAGAN:    Mr. President,

         9       through you.  Senator Thompson, can you point

        10       to me -- this is a relatively short bill.

        11       Point to me in the bill where that says that.

        12       Because I don't see at all.

        13                  SENATOR THOMPSON:    Excuse me?

        14                  SENATOR FLANAGAN:    Can you point

        15       to the portion of the bill that clearly

        16       delineates what you're suggesting?  Because I

        17       don't see that at all.

        18                  SENATOR THOMPSON:    Yeah.  It

        19       simply says that -- let me find the bill.  It

        20       simply says in the bill that they do not have

        21       to show special harm.

        22                  It basically goes back to the

        23       original bill.  But it just simply says if a

        24       person institutes a proceeding under

        25       Article 78 of the Civil Practice Law and Rules



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         1       alleging violations of this article, such

         2       persons shall not be denied standing solely on

         3       the grounds that the injury alleged by such

         4       person does not differ in kind or degree from

         5       injury that would be suffered by the public at

         6       large.

         7                  ACTING PRESIDENT BRESLIN:

         8       Senator Flanagan.

         9                  SENATOR FLANAGAN:    Mr. President,

        10       on the bill.

        11                  Thank you, Senator Thompson.

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Flanagan, on the bill.

        14                  SENATOR FLANAGAN:    I respectfully

        15       completely disagree with what the sponsor just

        16       said.  And I think a fair reading of this, you

        17       have to look at the backdrop prior to the

        18       Court of Appeals case and some of the cases

        19       that had preceded that.  In my reading, and

        20       I've spoken to a number of different people

        21       and read a lot of the memos, there are

        22       certainly some in favor, but there are plenty

        23       in opposition.

        24                  This takes what was an expansion of

        25       the law by the Court of Appeals and takes it



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         1       way down the road.  It goes far beyond what

         2       the Court of Appeals decided.  The Court of

         3       Appeals, to repeat, said that a person who can

         4       prove that he or she uses and enjoys a natural

         5       resource more than most other members has

         6       standing to challenge government actions.  And

         7       that was an expansion from the existing law.

         8                  Now, we can quibble about whether

         9       or not the Court of Appeals decision was

        10       decided correctly or not.  But your

        11       legislation is actually very helpful, because

        12       it is concise, because it focuses in right on

        13       what that issue is.

        14                  You go on to say, as you just did,

        15       that you can't be denied standing solely on

        16       the grounds that the injury alleged by such

        17       person does not differ in kind or degree from

        18       the injury that would suffered by the public

        19       at large.

        20                  This would be great fodder for

        21       lawyers.  And I listened to what you said

        22       about the idea that there are 300,000 cases

        23       and only a hundred of them or so were

        24       SEQRA-related.  That's under the old law.

        25       Under the new law, I absolutely believe and I



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         1       think there are plenty of people who would say

         2       I could come up to your community and work

         3       myself or work with other people and bring an

         4       action.

         5                  Now, I may not win.  And in fact,

         6       in the Pine Bush case, that's what happened.

         7       They got the standing to sue, but they lost on

         8       the merits.

         9                  But I look at this and think, all

        10       right, somebody wants to stop a project.

        11       Plaintiff A goes in and brings an action.

        12       That starts to wind its way through the

        13       courts.  As that starts to finish up,

        14       Plaintiff B comes in.  Or Plaintiff C, an

        15       organization.  There's no limit on who can

        16       bring these kinds of actions.  This, to me, is

        17       indicative of many of the problems that we

        18       have here in the State of New York.

        19                  You represented that the DEC is

        20       doing a good job.  If they are doing a good

        21       job, then we shouldn't have to be dealing with

        22       issues like this.

        23                  And I'm going to just close on this

        24       point.  And I have a number of memos, but I'm

        25       going to read a portion of a memo that you



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         1       will clearly understand because this is more

         2       in your backyard than it is in mine.

         3                  "Unshackle Upstate strongly

         4       believes that the Legislature should be

         5       mindful of the high cost of doing business in

         6       the State of New York before this legislation

         7       is advanced.  By allowing any individual to

         8       bring a SEQRA claim, this bill will lead to

         9       uncertainty and delays in construction of new

        10       homes, facilities or businesses because of

        11       concerns raised by unrelated third parties.

        12                  "This type of situation could occur

        13       when a local developer with an excellent

        14       working relationship with the local community

        15       advances a project subject to SEQRA and that

        16       project is then opposed by outside interests

        17       due to their claims that the project is not

        18       consistent with what those outside interests

        19       believe are in the best interests of the host

        20       municipality.

        21                  "And private projects are not the

        22       only ones that could become hostage to outside

        23       interests.  A municipality looking to build a

        24       simple salt shortage shed could be exposed to

        25       litigation because of concerns by



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         1       singular-minded opposition groups, resulting

         2       in an increased tax burden."

         3                  Now, I know that there were

         4       amendments brought to you for your

         5       consideration that would have made it tighter

         6       and would have asked that the person have to

         7       have some legitimate nexus with the project.

         8       You have every right to bring the legislation

         9       as you deem fit.  You chose not to include

        10       that.  And by doing that, you've made this a

        11       much worse bill and went way beyond what the

        12       Court of Appeals decided.

        13                  I think this is going to be

        14       extremely detrimental to all communities

        15       across the State of New York, and it will

        16       really undermine any efforts that we may be

        17       making towards enhanced economic development.

        18                  Thank you, Mr. President.

        19                  ACTING PRESIDENT BRESLIN:    Thank

        20       you, Senator Flanagan.

        21                  Senator Oppenheimer.

        22                  SENATOR OPPENHEIMER:    I would

        23       yield to the sponsor.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Thompson, have you completed your



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         1       presentation?

         2                  SENATOR THOMPSON:    Yes.

         3                  ACTING PRESIDENT BRESLIN:    Any

         4       other Senators wishing to speak on the bill?

         5                  Senator Marcellino.

         6                  SENATOR MARCELLINO:    Mr.

         7       President, I will yield to Senator

         8       Oppenheimer, who stood up before I did.  I'll

         9       speak after she does.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Oppenheimer, on the bill.

        12                  SENATOR OPPENHEIMER:    We look

        13       like jack-in-the-boxes.

        14                  Well, I want to speak in favor of

        15       the bill.  Because as I see it -- and I was

        16       here when the legislation was originated --

        17       this act returns the test for standing under

        18       SEQRA to what was originally intended, to what

        19       we had originally meant.

        20                  And I see the nature of

        21       environmental harms, such as air and water

        22       pollution or loss of our wild habitat, I think

        23       they are experienced by everyone.  And

        24       everyone should have a voice in this equally.

        25       I think without this bill, citizens are only



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         1       eligible for standing if they can prove an

         2       injury different from that experienced by

         3       people generally.

         4                  And I feel that DEC has been

         5       strapped and does not have the kind of staff

         6       it did have a year or two ago and therefore it

         7       is difficult for them to pursue every

         8       violation, and they need our eyes on the job.

         9       They need people that live locally in the

        10       region looking at these issues, because they

        11       cannot be everywhere with their decreased

        12       staff.

        13                  So I think it is up to those of us,

        14       the environmental activists, to bring these

        15       lawsuits on behalf of the public at large in

        16       order to require that DEC's environmental

        17       enforcement voice will be heard.

        18                  So I think this is a very important

        19       bill, as we're all witnessing environmental

        20       degradation, hoping to do something about it.

        21       It affects every one of us.  I'll be voting

        22       yes.

        23                  ACTING PRESIDENT BRESLIN:    Thank

        24       you, Senator Oppenheimer.

        25                  Senator Marcellino, on the bill.



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         1                  SENATOR MARCELLINO:    Thank you,

         2       Mr. President.  I appreciate being recognized

         3       on the bill.

         4                  Senator Oppenheimer just made the

         5       point that I'm going to make.  And that is the

         6       SEQRA bill, the SEQRA law was never designed

         7       to prevent development, economic change, usage

         8       of land, whatever.  It wasn't designed to

         9       prevent these things, it was designed to

        10       discover problems.  It came out of the old

        11       NEPA act, passed in 1970 or '71, in that

        12       range.  The idea, go through an open process

        13       where those involved have input.

        14                  Any developer knows that you go

        15       through the SEQRA process, it could take,

        16       minimum, nine months.  Maximum, it could take

        17       two years -- in some cases longer, depending

        18       upon the complexity of the project involved

        19       because of the public hearings, the

        20       rehearings, the adoptions of the book that's

        21       produced, the answering all of the suggestions

        22       and recommendations.  This process can go on

        23       and on and on and on.

        24                  But SEQRA was designed to cover and

        25       expose potential difficulties, potential



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         1       problems.  Air pollution problems, water

         2       pollution problems, traffic problems that

         3       might be created as a result of some

         4       development that's going in in a particular

         5       area.

         6                  It's also designed to pose

         7       solutions.  And that's the key element here.

         8       It's designed to provide and produce solutions

         9       to those problems.  The developer has the

        10       responsibility to come up with answers to the

        11       questions raised by the affected community.

        12       And that affected community could be defined

        13       in a lot of different ways.  But an affected

        14       community.

        15                  I could define an affected

        16       community, for example, with the drilling of

        17       Marcellus Shale, up in the regions upstate

        18       where the shale is located, you might have an

        19       affected community in the City of New York,

        20       because it could impact their water quality if

        21       there was drilling in the watershed.  They

        22       could be defined as an affected community

        23       relative to drilling several hundred miles

        24       away from the city itself.  So there's a SEQRA

        25       definition that could be brought here.



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         1                  But the idea is to provide

         2       solutions, not just create obstacles to

         3       development.  I could see, for example, a

         4       developer come in, want to put in a project --

         5       and we have one in my own district going on

         6       right now, two powerful mall-developing

         7       companies are fighting over a piece of land.

         8       One wants to stop the other one from building

         9       on it.  And the lawsuits have been going on

        10       for five years.  Five years.  Nothing's

        11       happened.  The land is still sitting there and

        12       nothing's going on.  It's been in a lot of

        13       courts.  Lawyers have made livings, sent their

        14       children to college.  Their grandchildren

        15       already are putting in accounts for this

        16       particular litigation.  It's going on and on

        17       and on.

        18                  It can be used as a tool to

        19       obstruct.  We have the Article 10 siting bill.

        20       We can't get an Article 10 siting bill agreed

        21       upon here because there's no way.  If you open

        22       this bill up, you would never site anything

        23       relative to a power plant anywhere in this

        24       state, anywhere.  It just wouldn't exist, it

        25       just wouldn't be permitted.  Any group could



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         1       come in and say, I object, I raise an

         2       objection, I file an Article 78 -- and they

         3       can't be denied.  Defense has to brought up,

         4       lawyers have to be hired, and the process goes

         5       on.  And then, as Senator Flanagan rightly

         6       pointed out, you finish that one, the next one

         7       jumps in.

         8                  It can be used and abused here.

         9       There's too much opportunity for abuse.  A

        10       project that the local community wants and the

        11       SEQRA process is carried out and the

        12       objections are raised, the problems are

        13       identified, solutions proposed, everyone

        14       accepts it, it's adopted and someone someplace

        15       else from outside the district can say, We

        16       know better than you, local community, we're

        17       going to stop that project.  And they can do

        18       it, under this law.  Under this expanded

        19       ability of this law.

        20                  That, ladies and gentlemen, is

        21       dangerous.  That's not what SEQRA is all

        22       about.  That's not what it's for.  That's why

        23       you have a process.  If those people had

        24       objections, they should have come in during

        25       the hearings and be heard.  File briefs, file



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         1       reports, show studies.  Encourage the process,

         2       but on-site during the original process, not

         3       coming in from the outside after facts and

         4       then bringing up objections to stall and stall

         5       and stall and stall.

         6                  If this bill becomes law, economic

         7       development in this state will be put into

         8       sincere question.  Maybe not initially.  And I

         9       don't believe that Senator Thompson's desire.

        10       Let me say that upfront, I do not believe that

        11       is Senator Thompson's wish.  I don't think he

        12       wants to do that.  I don't think that what's

        13       he intends to do.  But that's the language in

        14       the bill would permit.

        15                  Ladies and gentlemen, as we all

        16       know, we make our living with words.  Words

        17       mean things.  The way you construct them, the

        18       way you put them together, they mean things.

        19       That's why we have people called lawyers and

        20       other people called judges, to decide what

        21       words mean when there are conflicting

        22       decisions and conflicting opinions.

        23                  I would suggest to you this opens

        24       the door for too many conflicting opinions.

        25       This would make New York State, which already



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         1       has a record and a history of being hostile to

         2       economic development -- to say the least --

         3       even more so.  It would put a crimp in

         4       anyone's attempt to bring development,

         5       positive development of any kind into a

         6       community.

         7                  Why would banks lend money?  Why

         8       would they throw money into these communities?

         9       Why would they throw money behind these

        10       projects if anybody from anywhere, without any

        11       warning, who doesn't live anywhere near the

        12       project can raise an objection?  That's what

        13       that bill allows.  It may not be Senator

        14       Thompson's intention, but that's what the bill

        15       allows.

        16                  Read the words.  Read the words.

        17       You cannot point out a place in the language

        18       of the bill where it says that can't happen,

        19       because they don't exist.  Senator Flanagan

        20       pointed it out.  And if you read the bill, it

        21       doesn't provide any relief.

        22                  This is a dangerous bill.  It needs

        23       to be fixed.  If you want to fix it and want

        24       to put something up like Senator Oppenheimer

        25       talked about, this bill needs serious



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         1       amending.  This bill needs serious work and

         2       rework.  As is, it's a danger and a threat.

         3       And I don't see it as being anything effective

         4       in the environmental community.  I don't think

         5       it would impact or improve our environment in

         6       any way, shape or form.

         7                  So, ladies and gentlemen, I would

         8       urge a no vote on this particular piece of

         9       legislation.  And hopefully the bill goes back

        10       to committee and gets reworked and amended so

        11       that it can produce and do what it's supposed

        12       to do, what it's intended to do, not what

        13       someone thinks it might intend itself to do.

        14       Read the bill.

        15                  ACTING PRESIDENT BRESLIN:    Thank

        16       you, Senator Marcellino.

        17                  Senator Ranzenhofer, on the bill.

        18                  SENATOR RANZENHOFER:    Thank you,

        19       Mr. President.

        20                  I'd like to echo some of the

        21       thoughts and the comments made by my

        22       colleagues.  And probably the main issue up in

        23       my neck of the woods is economic development

        24       and job creation.  In other words, in upstate

        25       New York, in Western New York and throughout



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         1       much of the state it's very hard to conduct

         2       business under the regulations and the rules

         3       that we have right now.

         4                  I think that the passage of this

         5       bill will put up a sign that New York State is

         6       now closed for business.  And I know that

         7       Senator Marcellino had used the word -- I

         8       think you had said that this would put a crimp

         9       in economic development and business.  I

        10       actually think it goes even a little bit

        11       further from that.  I think this will be

        12       devastating for my community.

        13                  I understand -- and there's

        14       actually a lot of opinions on both sides of

        15       the issue.  But if you have to make a choice

        16       and you have to make a decision, one of the

        17       things that's happening in this state is that

        18       we are continuing to bleed people and

        19       businesses.  And I think this will be one of

        20       the final nails in the coffin to trying to

        21       create jobs, to try to create economic

        22       development, to try to create prosperity in

        23       New York State and upstate New York.

        24                  I just want to read from some of

        25       the memos that we have here about different



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         1       people who are involved in economic

         2       development and who are involved in business,

         3       what their opinions are.

         4                  They say that "For the building and

         5       development industries, construction projects

         6       will be completely shut down and local

         7       community taxpayers will be the ones that

         8       ultimately pay the price."  They go on to say

         9       that "Providing individuals with standing in

        10       actions alleging violations of ECL will only

        11       solicit uncertainty on behalf of investors and

        12       developers, making New York State even less

        13       attractive for economic development."

        14                  In other words, right now New York

        15       State is very unattractive for doing business.

        16       That's why the growth areas are not in

        17       New York State.  They're in Tennessee, they're

        18       in North Carolina, they're in Florida, they're

        19       in other areas where taxes are lower, where

        20       regulations are less burdensome.  They're

        21       where people are moving to, not from.

        22                  Another opinion that was expressed

        23       in some of the memos that we received, that

        24       "This will discourage new investment and job

        25       creation in the state as well as create



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         1       competitive disadvantages."

         2                  And finally, in a third memo, it

         3       talks about "Our primary opposition to this

         4       legislation is that it will encourage

         5       additional litigation without significantly

         6       enhancing environmental protection in

         7       New York."

         8                  If this bill actually helped the

         9       residents of my community and the taxpayers of

        10       my community, I would be all for it.  But it

        11       doesn't help.  The only thing it does is it

        12       continues to chase them away, where we see, on

        13       Main Street in Buffalo, we see boarded-up

        14       building after building after building where

        15       people are trying to rehab, people want to do

        16       economic development.

        17                  You know, they don't want to,

        18       because it's just -- it's too expensive, it's

        19       too burdensome, it's too costly, there are too

        20       many mandates.  This will shut down the

        21       remaining buildings on Main Street in Buffalo

        22       and other areas, not only in upstate New York

        23       and Western New York, but throughout the

        24       state.

        25                  Because as some of my colleagues



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         1       have said, people are not going to want to

         2       lend money.  The uncertainty of being able to

         3       get development projects on board will just be

         4       totally out of hand, even much more difficult

         5       than it is now.

         6                  So while the intentions may have

         7       been pure, I think the unintended consequences

         8       will be devastating for my community.  And for

         9       that reason, I will not be supporting the

        10       legislation when it comes for a vote.

        11                  Thank you, Mr. President.

        12                  ACTING PRESIDENT BRESLIN:    Thank

        13       you, Senator Ranzenhofer.

        14                  Senator DeFrancisco, on the bill.

        15                  SENATOR DeFRANCISCO:    Yes.  You

        16       know, we have public institutions to protect

        17       the public at large.  For example, if there's

        18       some group of companies that are causing

        19       problems generally to the public, on consumer

        20       issues we have the Attorney General enforcing

        21       the laws to make sure that the general public

        22       is protected from some companies doing fraud

        23       to the general public.

        24                  I think everyone in this room would

        25       think it would be pretty absurd for John Jones



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         1       to go in to protect the general public because

         2       they see a danger that's to the general public

         3       about some company that's committing fraud to

         4       the general public.  Not to them individually,

         5       but to the general public.

         6                  We have situations where the county

         7       attorneys or the city counselors that

         8       represent the city, the attorneys, bring cases

         9       because of housing violations that affect the

        10       general public.  We would think it would be

        11       sort of ridiculous for John Jones two streets

        12       away to say "I don't like the way this house

        13       looks, I'm going to bring a lawsuit because it

        14       affects me and the general public."  Because

        15       it's so costly otherwise to they have every

        16       individual running around being the police

        17       officer for all the laws of the State of

        18       New York.  It makes sense.

        19                  That's what's happening in this

        20       bill, however.  I just hope people really read

        21       this and understand it.  Senator Oppenheimer

        22       says we've got to give it back to the people.

        23       Well, we have a DEC to protect the public

        24       interest from these types of situations that

        25       this bill attempts to present.



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         1                  Can you imagine if a developer

         2       wants to build a house, housing project --

         3                  ACTING PRESIDENT BRESLIN:    Excuse

         4       me, Senator Thompson.  Why do you rise?

         5                  SENATOR THOMPSON:    I just wanted

         6       to state for the record that the DEC currently

         7       is not charged with enforcement of SEQRA.  I

         8       didn't say that my colleague was suggesting

         9       that, I just wanted to make sure that was

        10       clear.

        11                  ACTING PRESIDENT BRESLIN:

        12       Senator DeFrancisco, I apologize.  You may

        13       continue.

        14                  SENATOR DeFRANCISCO:    Okay, thank

        15       you.

        16                  The point simply is the process

        17       that's in effect is a process that protects

        18       the general public.  And we're all public

        19       officials.  Has anyone in this room ever gone

        20       to a public meeting where everybody's

        21       satisfied?  There's always going to be one

        22       person or two people or a group of three

        23       people that claim they're some organization

        24       that decide they don't want this in their

        25       neighborhood.



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         1                  You know, this is a very, very

         2       dangerous bill.  And I happen to be a lawyer

         3       who tries cases.  And if you want -- I'm

         4       sometimes accused of supporting trial lawyers'

         5       bills.  This is the lawyers' full employment

         6       act, because any individual can bring a

         7       lawsuit to stop a project.  My God, we're

         8       hemorrhaging jobs in this state.

         9                  And it seems to me that if your

        10       only interest is that you're harmed as the a

        11       general public is, and you don't have any

        12       special harm, this is a dangerous bill.  I'm

        13       calling upon people not to think about a

        14       party-line position in this.  Think of what

        15       it's going to mean to your contractors in your

        16       jurisdiction if this bill, God forbid, ever

        17       passed.

        18                  There are ways to protect the

        19       environment, but you don't have to stop

        20       projects by one individual who happens to

        21       think that they're going to be the sheriff of

        22       their neighborhood.  And that individual, if

        23       that individual has a lot of money, that

        24       sheriff will be the individual to impose his

        25       or her will over the will of the community and



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         1       the general public.

         2                  So this is a no vote as far as I'm

         3       concerned and should be not even on the floor

         4       for discussion, quite frankly.

         5                  Thank you.

         6                  ACTING PRESIDENT BRESLIN:    Thank

         7       you, Senator DeFrancisco.

         8                  Senator LaValle, on the bill.

         9                  SENATOR LaVALLE:    Thank you very

        10       much, Mr. President.

        11                  I want to congratulate my colleague

        12       Senator Flanagan for very artfully putting

        13       forth the legal discussion on this bill.  And

        14       the first paragraph of the Pine Bush decision

        15       has the holding, and he read right from the

        16       decision.

        17                  Senator Marcellino talked about the

        18       SEQRA process.  And many of us understand that

        19       process in our community in terms of the air,

        20       water, traffic.  As a matter of fact, in a

        21       project in my district I was able to show that

        22       the traffic impact was far greater than what

        23       the developer put forth.

        24                  It's a very good process.  The

        25       issue that we're -- we're not talking here



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         1       about the SEQRA act or process, we're talking

         2       about the standing here.  And this decision

         3       was enacted about six months ago, October of

         4       2009.  Here we are, after a significant

         5       decision, we are saying, Well, we want to

         6       change it, we want to go further, we want to

         7       go a place other than where the Court of

         8       Appeals went.

         9                  This was not a four-three decision

        10       by the Court of Appeals.  It was not a

        11       four-three decision.  So it was a very

        12       thoughtful decision.

        13                  And the point I want to make here

        14       is that the court created a balancing act.  It

        15       talked about not setting the standard too high

        16       or too low.  And the court said, "Even

        17       good-faith environmental challenges like the

        18       one brought by these petitioners can be very

        19       burdensome.  Striking the right balance in

        20       these cases will often be difficult, but we

        21       believe that our rule requiring a

        22       demonstration that a plaintiff's use of a

        23       resource is more than that of the general

        24       public will accomplish that task better than

        25       the alternatives."



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         1                  Now, Senator Thompson, if this bill

         2       that you have on the floor were brought a year

         3       ago, prior to, and we had a vote on this

         4       before the Pine Bush decision, you might have

         5       had a different result.  Timing on legislation

         6       is so critical.

         7                  This bill, after the Pine Bush

         8       decision, really doesn't give us an

         9       opportunity to see whether the balancing act

        10       that the court has established works.  And so

        11       I think that's a key element here.  And I

        12       think that a lot of the individuals speaking

        13       on the bill are expressing that frustration.

        14                  Let's give the court's decision a

        15       chance to work, see whether we need to tweak

        16       it down the road.  But we really need time to

        17       really demonstrate what we need to do.  Six

        18       months to come in with a bill like this, I

        19       think is premature.

        20                  ACTING PRESIDENT BRESLIN:    Thank

        21       you, Senator LaValle.

        22                  Senator Saland, on the bill.

        23                  SENATOR SALAND:    Thank you,

        24       Mr. President.

        25                  Would Senator Thompson yield to a



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         1       question, please?

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Thompson, would you yield for a

         4       question from Senator Saland?

         5                  SENATOR THOMPSON:    Yes.

         6                  ACTING PRESIDENT BRESLIN:    You

         7       may proceed, Senator Saland.

         8                  SENATOR SALAND:    Thank you,

         9       Senator Thompson.

        10                  Senator Thompson, in your bill you

        11       talk in terms of a person.  And I'm sure that

        12       a person is expanded, by definition, to

        13       include more than a mere individual.  Am I

        14       correct?

        15                  SENATOR THOMPSON:    Can you repeat

        16       your question?

        17                  SENATOR SALAND:    Your bill, on

        18       line 6, refers to a person, a person

        19       instituting a proceeding.

        20                  SENATOR THOMPSON:    Yes.

        21                  SENATOR SALAND:    Routinely -- and

        22       we can take a look at the Environmental

        23       Conservation Law -- "person" is generally

        24       defined as not merely an individual but a

        25       corporate entity and a host of others that for



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         1       purposes of brevity are included under the

         2       term "person."  And I assume that is the case

         3       here, is it not?

         4                  SENATOR THOMPSON:    Yes, that

         5       would be correct.

         6                  SENATOR SALAND:    Thank you.  I

         7       have no further questions.

         8                  On the bill.

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Saland, on the bill.

        11                  SENATOR SALAND:    Mr. President, I

        12       believe on at least one and perhaps more

        13       occasions I have said that government doesn't

        14       have the ability, whether it be national

        15       government or state government, to control the

        16       economy.  If we did, regardless of which party

        17       was in power, Republican or Democrat, the

        18       economy would never go south because nobody on

        19       their watch would want the economy to be bad.

        20                  But the reality is is government is

        21       limited in what it can do.  It can incentivize

        22       through means of legislation and regulation,

        23       or it can impede economic development.  In

        24       this case, this is not merely impeding, this

        25       is almost like putting up a stone wall.



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         1                  The reality is is that any

         2       entity -- for example, let's assume that

         3       there's an organization or an individual with

         4       deep pockets in Manhattan who doesn't

         5       particularly like the idea of some project

         6       that may be occurring in Central New York, in

         7       Western New York, in the Adirondacks or the

         8       Hudson Valley.  They now have standing,

         9       despite the fact -- under this proposal --

        10       that they don't live within a hundred miles of

        11       the project and have absolutely no bearing

        12       whatsoever on the community other than their

        13       ability to interfere in the actions of the

        14       community.

        15                  What this bill does, it says that

        16       if you are competing with somebody for a

        17       contract to do some sort of development,

        18       whether it be waterfront development, whether

        19       it be residential development, whether it be

        20       commercial development, if in fact you're not

        21       happy with the results, you, as a private

        22       enterprise, have now been given the

        23       opportunity to prevent that project from going

        24       forward by just grinding it out.  And people

        25       with deep pockets who have particular missions



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         1       in life have the ability to grind out their

         2       opposition.

         3                  We are living through some

         4       extraordinarily difficult financial times.  We

         5       are sending signal after signal that New York

         6       is closing down for business, whether it be

         7       tax increases, whether it be regulations,

         8       whether it be excessive spending.

         9                  And now what we want to say is

        10       anybody in any community, regardless of the

        11       fact that they have absolutely no nexus

        12       whatsoever, and despite the Pine Bush decision

        13       that says there are a class of people

        14       apparently, under the Court of Appeals

        15       decision, who do have greater standing than

        16       the general public even if they're not part of

        17       the general public, we are saying here that

        18       anybody, any Tom, Dick and Harry, any

        19       organization that is so inclined has the

        20       ability to prevent development or delay it

        21       long enough so that it becomes financially

        22       imprudent to go any further.

        23                  Now, I live in the Hudson Valley.

        24       It's a wonderful part of the state.  It's a

        25       wonderful part of the world.  We've had the



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         1       good fortune to have some riverfront

         2       development in one of the cities in the Hudson

         3       Valley, and there's some other in another

         4       city, in my district.  And I'm talking about

         5       the City of Poughkeepsie, I'm talking about

         6       the City of Beacon.  Many of the Hudson Valley

         7       communities look to the riverfront as a means

         8       by which to revitalize their communities, to

         9       improve their quality of life, to bring on

        10       economic development.

        11                  I have no doubt whatsoever that

        12       these projects would have been either

        13       blackmailed, extorted, or simply held up if

        14       there were people who had the ability that

        15       Senator Thompson proposes to give them under

        16       this bill.

        17                  We're really saying that New York

        18       doesn't give a damn about economic

        19       development.  This is yet another instance of

        20       our spitting in the face of those who might

        21       otherwise be willing to spend money to create

        22       jobs here and develop economically here in

        23       New York.

        24                  Thank you, Mr. President.

        25                  ACTING PRESIDENT BRESLIN:    Thank



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         1       you, Senator Saland.

         2                  Senator Liz Krueger, on the bill.

         3                  SENATOR LIZ KRUEGER:    Thank you,

         4       Mr. President.

         5                  I found the debate very

         6       interesting.  And I was reading the bill, as

         7       was suggested by my colleagues during the

         8       course of the discussion.  And I feel like

         9       we've magically imagined this bill to be so

        10       much more than it is.

        11                  This bill would bring us back to

        12       original intent of the legislation when it

        13       passed in 1975.  It would bring us back to a

        14       model that in fact seemed to have worked

        15       between '75 and '91.  I don't believe there

        16       was any end of development in the State of

        17       New York at that time.  In fact, I think we

        18       were doing better during most of that time

        19       period.

        20                  It would bring us back consistent

        21       with our federal counterpart legislation, the

        22       National Environmental Policy Act, NEPA.

        23                  It wouldn't provide for anyone in

        24       the world to have standing and to get a court

        25       to stop everything forever.  In fact, the



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         1       courts are pretty good about not giving

         2       standing to people who don't have a serious

         3       case to bring and move through the courts.

         4                  I appreciate one of my colleague's

         5       arguments that would you want to have this

         6       type of standing available for any consumer

         7       complaint.  Well, some people might say yes.

         8       One colleague just did.  It would be an

         9       interesting question, given what just happened

        10       to the economy of the world based on

        11       interpretation of what is safe financial

        12       investments and derivative pooling.  I might

        13       argue it would have been really handy to have

        14       something like this bill apply to actions that

        15       took place in the investment world, because

        16       maybe we wouldn't be dealing with a trillions

        17       and trillions of dollars crisis that we still

        18       cannot get out of.

        19                  But this bill has nothing to do

        20       with that.  Maybe somebody wants to write one

        21       of those bills.  This bill is specific to

        22       environmental issues.

        23                  And I have to say when it comes to

        24       the environment, we are supposed to have a

        25       broader interpretation about people's ability



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         1       to raise their hand and say "There's a really

         2       big risk here that everyone hasn't perhaps

         3       thought about."

         4                  Because as my colleague from Long

         5       Island mentioned when he used the analogy

         6       about the Marcellus Shale, that in fact if

         7       something goes wrong with fracking far, far

         8       away, New York City's water could be

         9       destroyed.  And therefore there's, I think, an

        10       understandable concern about things that

        11       impact the watershed.

        12                  Well, the environment -- clean air,

        13       clean water, protection of our land,

        14       stewardship of our environment, stewardship of

        15       the nature around us -- it isn't just

        16       personal, it actually impacts all of us even

        17       if it's a personal act.  It impacts the

        18       children, it impacts the great-grandchildren.

        19                  And so I think it makes sense to

        20       have laws that affect decisions that impact

        21       the environment actually have a bit of a

        22       standard that have to be tested.  But again,

        23       it's not an untested set of questions.  It's

        24       not even a new idea for New York State.  All

        25       this bill is doing is bringing us back to the



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         1       original legislation as passed and as we lived

         2       under in New York State for 16 years.  No

         3       more, no less.

         4                  So a lot of times we try to make

         5       things more complicated.  I want to say thank

         6       you, Senator Thompson, for drafting and moving

         7       this bill to the floor.  I know that it's

         8       controversial.  I hear all my colleagues.  I

         9       don't know how they'll vote.

        10                  I think when you ask yourself the

        11       question should a little more protection be

        12       built in, just in case when a major change of

        13       the use of land is going to be involved, when

        14       potentially something serious could go wrong,

        15       to even admit that your local government, your

        16       state government might be wrong when they make

        17       the determination that they think it's okay --

        18       there's lots of things you can fix afterwards

        19       when you get it wrong.  Thank goodness, for

        20       most of us, there's lots of things you can fix

        21       afterwards when you get it wrong.  But as we

        22       all know, if you make a big mistake impacting

        23       the environment, you very often don't really

        24       get a chance to fix it.

        25                  So I'm very appreciative that this



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         1       bill is on the floor of the Senate, that we

         2       are debating it, and I'll be voting yes,

         3       Mr. President.  Thank you.

         4                  ACTING PRESIDENT BRESLIN:    Thank

         5       you, Senator Krueger.

         6                  Senator Farley, on the bill.

         7                  SENATOR FARLEY:    I'm going to

         8       keep it brief and I'm going to keep it simple.

         9       There isn't a poll that has been done in this

        10       state that hasn't said the issues important to

        11       our people are jobs and the economy.  Jobs and

        12       the economy.  People are leaving this state.

        13       If we've got an Achilles heel here, it's that

        14       we're anti-business.

        15                  And the state is absolutely

        16       bleeding because of this image that we're

        17       creating.  And this bill is very, very clearly

        18       anti-business, anti-development.

        19                  And I'll tell you what.  Every

        20       district in this house speaks to this issue:

        21       Jobs and the economy.  If you've got a

        22       political death wish, this is the bill to vote

        23       for.  I'll tell you what, I'm voting no.

        24                  ACTING PRESIDENT BRESLIN:    Thank

        25       you, Senator Farley.



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         1                  Senator Volker, on the bill.

         2                  SENATOR VOLKER:    Mr. President, I

         3       will try to be brief.

         4                  Senator Thompson, I am certain that

         5       your intentions are good with this bill.  But

         6       I have to tell you that there is a project

         7       that is in your district that many people

         8       believe is the most important project in

         9       upstate New York, that has now been held up

        10       for somewhere between 12 and 15 years.  It's

        11       the Peace Bridge.  It started out when it when

        12       a group of preservationists decided to oppose

        13       it.  A judge issued an order -- a judge, by

        14       the way, whose wife was a big preservationist.

        15       You know, that's the way it is.

        16                  It started a series of orders on

        17       environmental issues.  Several of those

        18       environmental issues have basically been

        19       thrown out.  A fellow claimed, a doctor

        20       claimed that he had this big study that showed

        21       there were a lot of sick people.  And that

        22       disappeared years ago.

        23                  But the problem is that that Peace

        24       Bridge now, which was supposed to cost

        25       somewhere between $200 million and



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         1       $300 million, is probably up around a billion

         2       dollars now at least.

         3                  And the City of New York is

         4       complaining that that Peace Bridge, because it

         5       was not developed -- that is, the expanded

         6       Peace Bridge and the double bridge -- is

         7       hurting the City of New York, it is holding up

         8       the entire Northeastern roadway, including

         9       Canada.  Canada was going to build a -- was

        10       going to widen the QEW and decided not to do

        11       it because of the Peace Bridge.

        12                  Why do I mention it in regards to

        13       this bill?  Because this bill -- and I think I

        14       know a little bit about tort law and about

        15       that.  I was chairman of Codes for many years.

        16       I led the attempts to reform tort law.  And we

        17       did, I think, some pretty good things.  But

        18       this bill -- and when you heard from the

        19       Senator to my friend on the right here that

        20       this is a lawyer's bill, he knows.  Because

        21       he's one of the best trial lawyers in this

        22       state.

        23                  The trouble is that we have to be

        24       very careful.  We have been trying to limit,

        25       wherever possible, the hold of lawyers and



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         1       environmentalists on projects all over the

         2       state.  In our region there are projects that

         3       have been held up for one to two years because

         4       of various reasons, some that have to do with

         5       the fact that people tried to claim that, oh,

         6       wetlands are really wetlands and all kinds of

         7       things.

         8                  This bill, as I see it, is one of

         9       the greatest expanses of lawyers' ability to

        10       hold up -- not just hold up projects, but to

        11       dictate how the development of this state is

        12       going to go.  And, you know, the

        13       environmentalists, they don't think that

        14       that's happening.  They don't understand.

        15       They have never really understood how

        16       dangerous some of these things could be.

        17                  I say to you and I know that you

        18       never intended this to be.  But as my friend

        19       Senator DeFrancisco said, this is the "Full

        20       Employment for Lawyers Act."  In fact, we may

        21       lose a couple of lawyers in this Legislature

        22       if this bill passes and becomes law.  You

        23       know, I mean, hanging around here and not

        24       making a lot of money is something that some

        25       lawyers have some problems with.  And it's one



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         1       reason, by the way, why there are fewer

         2       lawyers than at any time in the history of

         3       this Legislature.

         4                  But the big thing about this bill,

         5       Senator, is that it will create new havoc in

         6       the real estate area, I believe, and in the

         7       development area.  And if this is not dealt

         8       with some way, it will create a situation

         9       where we will rue the day that this bill

        10       became law.

        11                  And I know you don't want to do

        12       that.  I'm convinced of that.  But I say to

        13       you, coming from Buffalo, coming from an area

        14       that needs more housing, needs more

        15       development, and certainly needs to expand

        16       that Peace Bridge and get the development that

        17       we so desperately need and that the state so

        18       desperately needs, I just don't think this is

        19       the bill that fits the bill.  This is a bill

        20       that will create, I believe, environmental

        21       havoc.

        22                  ACTING PRESIDENT BRESLIN:    Thank

        23       you, Senator Volker.

        24                  Senator Padavan, on the bill.

        25                  SENATOR PADAVAN:    Thank you,



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         1       Mr. President.  Would the sponsor yield to one

         2       or two questions?

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Thompson, will you yield to Senator

         5       Padavan?

         6                  SENATOR THOMPSON:    Yes.

         7                  SENATOR PADAVAN:    Senator, under

         8       the presumption that virtually every bill that

         9       we deal with, every proposal in legislative

        10       form is intended to correct existing law,

        11       improve upon it in some fashion, with that in

        12       mind I have in front of me an article that

        13       appeared in the New York Law Journal.  And the

        14       title of it is "Court of Appeals Expands

        15       SEQRA, SEQRA Standing After an 18-Year

        16       Detour."  And it goes on at some length making

        17       reference to the case that we've heard here

        18       frequently, the Pine Bush case.

        19                  "The court explicitly addressed one

        20       of the two major scenarios in which the old

        21       ruling was seen to have created an obstacle,

        22       and it showed the path to pleading around the

        23       obstacle in the other scenario.

        24                  "It is now easier than it has been

        25       for 18 years.  Standing in New York has been



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         1       so confusing, but since they still had a shot

         2       at prevailing under this new case, it will

         3       allow more suits to stay in court, especially

         4       if they're carefully pled."

         5                  Now, the essence of this very

         6       lengthy article is that the SEQRA law, as the

         7       recent Court of Appeals decision revealed, is

         8       now working rather well and can work in the

         9       future.

        10                  And therefore, this bill that you

        11       proposed may have some unintended

        12       consequences.  Yet based on this latest

        13       decision by our highest court, it would

        14       interfere, potentially, with now what is

        15       considered to be an effective vehicle for

        16       pleadings in areas where individuals or groups

        17       of individuals would have a concern.

        18                  Now, do you take issue with this

        19       article?  Which, by the way, was written by

        20       Professor Gerrard, who is director of the

        21       Center for Climate Change Law at Columbia Law

        22       School, an environmental lawyer by any means.

        23       This is his decision -- or his conclusion, I

        24       should say, based on that decision.  Do you

        25       take issue with this?



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         1                  ACTING PRESIDENT BRESLIN:

         2       Senator Thompson.

         3                  SENATOR THOMPSON:    First, let me

         4       thank Senator Padavan for his reference to

         5       Mr. Gerrard's article.

         6                  And I have talked with him.  In

         7       fact, last June we were going to have him come

         8       up on June 8th, but we had a little

         9       disturbance.  So we pulled the bill that day.

        10                  What I would say is that his

        11       article does talk about that there will be

        12       some expansion.  However, his article also

        13       says that "A potential difficulty arises from

        14       the court's new rule requiring a demonstration

        15       that a plaintiff's use of a resource is more

        16       than that of the general public.  This rule is

        17       directly aimed at the first scenario and not

        18       the second.  It remains to be seen how

        19       narrowly or broadly this rule will be

        20       interpreted in future decisions."

        21                  And what I want to emphasize is

        22       that if there were a situation, as some have

        23       suggested, that there was some massive

        24       explosion of frivolous cases in the courts,

        25       then clearly, as someone who's involved with



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         1       development initiatives at the local level and

         2       currently at the state level, I would support

         3       some amending if we saw some massive spike.

         4                  And that has not happened in the

         5       past.  I don't believe it will happen in the

         6       future.  We have less than 100 cases

         7       currently.  And I don't believe we're going to

         8       have some massive expansion.

         9                  In addition to that, I think his

        10       article also looks at another issue that you

        11       have to -- as I've stated earlier, you have to

        12       show that you have been affected.  You have to

        13       plead harm, you have to prove harm.  So that's

        14       what -- and if you don't, the court should

        15       throw it out.

        16                  And bad lawyers will get

        17       sanctioned, they'll get fined, they'll get

        18       disciplined if they bring frivolous cases

        19       before judges.

        20                  So to say that this is like, you

        21       know, the -- I don't know what somebody said,

        22       the Lawyers Employment Act, I think is -- it's

        23       a little overgenerous in terms of explaining

        24       the bill.  And I know you didn't say that.

        25       I'm not saying you said that, Senator.  Yes.



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         1                  SENATOR PADAVAN:    You know, I

         2       heard your answer, Senator, and I'm not going

         3       to quarrel with it --

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator Padavan.

         6                  SENATOR PADAVAN:    If I may,

         7       Mr. President.

         8                  ACTING PRESIDENT BRESLIN:

         9       Certainly.

        10                  Senator Thompson, do you yield to

        11       another question?

        12                  SENATOR THOMPSON:    Absolutely.

        13       Absolutely.

        14                  ACTING PRESIDENT BRESLIN:    You

        15       may proceed.

        16                  SENATOR PADAVAN:    As I started to

        17       say, I don't quarrel with your answer.  But

        18       again, I draw your attention that this

        19       article, which is a very well constructed one,

        20       says it will allow more suits to stay in

        21       court.  So I would assume it's an improvement.

        22                  Are you aware of the fact, Senator,

        23       that the City of New York is opposed to this

        24       legislation?

        25                  SENATOR THOMPSON:    I heard that



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         1       late today.  That was news to me.  But I did

         2       hear that late today.

         3                  SENATOR PADAVAN:    Well, if you

         4       will further yield, I -- Mr. President.

         5                  SENATOR THOMPSON:    Yes.

         6                  SENATOR PADAVAN:    Now, the City

         7       of New York obviously has a great deal -- if

         8       you'd yield again.  I think the President is

         9       busy, but I'm sure you'll yield.

        10                  The city has a great deal at stake

        11       with regard to environmental issues, our

        12       watersheds in the Catskills and so on.  Why

        13       would they be opposed to this legislation if

        14       it had a positive aspect or connotation

        15       regarding environmental issues in our state?

        16                  SENATOR THOMPSON:    I cannot speak

        17       for New York City on this particular bill.  I

        18       do know that on other bills they have

        19       contacted us and, when appropriate, we've

        20       addressed them.  I also know that we had a

        21       civil rights bill last year that got vetoed by

        22       the Governor as a result of New York City,

        23       which it passed the Senate for the first time

        24       ever.

        25                  So I can't speak for New York City.



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         1       If they had contacted me about it, I'm certain

         2       that we would have responded and tried to

         3       address that particular issue.

         4                  SENATOR PADAVAN:    Well,

         5       Mr. President, if the Senator would yield.

         6       Wouldn't it be --

         7                  ACTING PRESIDENT BRESLIN:    Do you

         8       continue to yield, Senator Thompson?

         9                  SENATOR PADAVAN:    Wouldn't it be

        10       a good idea --

        11                  SENATOR THOMPSON:    Absolutely.

        12                  ACTING PRESIDENT BRESLIN:    Excuse

        13       me, Senator Padavan.  Let me ask Senator

        14       Thompson --

        15                  SENATOR PADAVAN:    I did already.

        16                  ACTING PRESIDENT BRESLIN:    I will

        17       ask him, Senator, if he --

        18                  SENATOR PADAVAN:    I thought you

        19       did.

        20                  ACTING PRESIDENT BRESLIN:    I was

        21       in the process of asking.  Excuse me.

        22                  SENATOR PADAVAN:    Okay.

        23                  ACTING PRESIDENT BRESLIN:    Will

        24       you yield, Senator Thompson?

        25                  SENATOR THOMPSON:    Yes,



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         1       absolutely.

         2                  ACTING PRESIDENT BRESLIN:    You

         3       may proceed, Senator Padavan.

         4                  SENATOR PADAVAN:    Thank you,

         5       Mr. President.  You're very kind.

         6                  In view of that fact, that you've

         7       just learned of the city's opposition,

         8       wouldn't it be a good idea to find out what

         9       their problems are and, if possible, address

        10       them?

        11                  SENATOR THOMPSON:    Through you,

        12       Mr. Chair.  First, I just learned about this

        13       probably around 2 o'clock today.

        14                  SENATOR PADAVAN:    I understand

        15       that.

        16                  SENATOR THOMPSON:    And because

        17       there's been enormous debate about a number of

        18       bills, whether they were sponsored by me or

        19       not sponsored by me, I have been trying to

        20       assist on a number of the particular bills.

        21       So that is why I have not had the opportunity

        22       to contact them.

        23                  In addition to that, I am not

        24       certain whether or not they contacted me

        25       directly.  But as I stated before, we have a



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         1       very good relationship with their

         2       environmental policy department and their

         3       government affairs folks.  And so if there's

         4       something that they want to have addressed in

         5       the future, we'll definitely, as always, keep

         6       that door open.

         7                  ACTING PRESIDENT BRESLIN:

         8       Senator Padavan.

         9                  SENATOR PADAVAN:    Well, would the

        10       Senator yield again.

        11                  ACTING PRESIDENT BRESLIN:    Do you

        12       continue to yield, Senator Thompson?

        13                  SENATOR THOMPSON:    Sure.

        14                  SENATOR PADAVAN:    I respect fully

        15       your point of view, and I don't quarrel with

        16       it at all.

        17                  But it would seem that we are very

        18       early in the session; we're going to be here

        19       for a long time.  Wouldn't it be a good idea

        20       just to lay this aside temporarily until we

        21       found out what the city's problem is and if we

        22       can possibly address it without dealing in any

        23       negative way with your goal?

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Thompson.



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         1                  SENATOR THOMPSON:    Yes, through

         2       you, Mr. Chairman.  First -- Mr. President.

         3                  ACTING PRESIDENT BRESLIN:    Either

         4       way.

         5                  SENATOR THOMPSON:    The State

         6       Assembly has passed this bill today.  And I

         7       know that they have a disproportionate number

         8       of members from New York City.

         9                  And in addition to that, as I've

        10       stated, this has been out there for a great

        11       number of months.  It's been on the third

        12       reading of the Senate for at least 60 days,

        13       and I have not heard from them.

        14                  And as I previously stated, I

        15       believe we have an open door.  I meet with

        16       groups all the time from all over the state.

        17       I have a stack of letters here before me on

        18       crossbow hunting.  I've never gone hunting,

        19       but I have a lot of friends that do hunt.  So

        20       I read letters, I respond to letters from

        21       people from all over the state.  Sometimes I

        22       even hand-write the letters.  In fact, I even

        23       call people that are in my district or not.

        24                  So if they had contacted me prior

        25       to today, I am certain that being the people



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         1       person and the nice guy that I tend to be

         2       99.9 percent of the time, I would have

         3       responded to them.

         4                  SENATOR PADAVAN:    Thank you.

         5                  One more question, Mr. President.

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Thompson, do you yield for one more

         8       question from Senator Padavan?

         9                  SENATOR THOMPSON:    Absolutely.

        10                  ACTING PRESIDENT BRESLIN:    You

        11       may proceed, Senator Padavan.

        12                  SENATOR PADAVAN:    And now in a

        13       completely different venue.

        14                  If an organization were to acquire

        15       a sizable piece of property and wished to

        16       build a group of homes for physically and

        17       mental disabled individuals in a given

        18       community, would your bill expand upon the

        19       prerogative of some individual or group of

        20       individuals for initiating an action that

        21       currently would not be appropriate under

        22       existing law, SEQRA law, as currently defined

        23       by the courts?

        24                  SENATOR THOMPSON:    Through you,

        25       Mr. Chair -- Mr. President.



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         1                  I would state that whether it's

         2       this law or any -- this proposed law, the

         3       current law or local zoning laws as well, that

         4       they can always have an impact, the potential

         5       of slowing down development projects.

         6                  As someone who has lots of friends

         7       that are developers and builders, many of the

         8       top builders in Western New York's phone

         9       number are in my cellphone, so I'm not

        10       opposed -- I'm not suggesting that we want to

        11       make it so onerous that no one wants to build

        12       a house.

        13                  And in conclusion, I would just

        14       state that yes, it will create a potential for

        15       a problem, but I don't believe it's that

        16       extreme compared to existing zoning laws for

        17       people who want to build supermarkets,

        18       drugstores, big box retailers.  As you know

        19       and many people in this room, whether they're

        20       from upstate or downstate, know, there are

        21       currently lots of laws on the books that make

        22       it difficult for development that will be more

        23       extreme than this particular issue right now

        24       as we speak.

        25                  SENATOR PADAVAN:    Thank you.



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         1       You've been very kind.

         2                  Mr. President, on the bill.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Padavan, on the bill.

         5                  SENATOR PADAVAN:    The answer to

         6       my last question was yes, it would.  It would

         7       make it more difficult, potentially a problem

         8       for some organization that was seeking to

         9       establish a group of community residences for

        10       the disabled, whether they be young or old or

        11       seniors.

        12                  And that is not a hypothetical

        13       situation.  I have one such development going

        14       on in my district right now.  We have dealt

        15       with existing zoning.  We have precluded

        16       zoning from being a preventer from such

        17       facilities from opening up in this state.  And

        18       it's under the site selection law which we put

        19       in place back in the late '70s.

        20                  But what I am concerned about is

        21       that this bill -- and the sponsor agrees --

        22       would expand the opportunity for the NIMBY

        23       persons in our state, those individuals who

        24       have their own agenda, from initiating legal

        25       actions that would be detrimental to the



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         1       establishment of this type of facility.

         2                  I think that's something we should

         3       be very concerned about, and I would urge

         4       everyone in this chamber to consider it when

         5       they vote on this bill.

         6                  ACTING PRESIDENT BRESLIN:    Thank

         7       you, Senator Padavan.

         8                  Senator Thompson.

         9                  SENATOR THOMPSON:    Yeah, before

        10       I -- I'll explain my vote later.  I just

        11       wanted to make sure it was clear.  I'm just

        12       told by staff although this bill has passed

        13       the Assembly on numerous occasions, they have

        14       not technically voted on it today, but they

        15       intend on passing it again today as they have.

        16                  So I just wanted to make sure that

        17       was stated for the record.

        18                  ACTING PRESIDENT BRESLIN:    Thank

        19       you, Senator Thompson.

        20                  Are there any other Senators

        21       wishing to be heard?

        22                  Hearing none, the debate is closed.

        23       The Secretary will ring the bells.

        24                  Read the last section.

        25                  THE SECRETARY:    Section 3.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT BRESLIN:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Thompson, to explain his vote.

         7                  SENATOR THOMPSON:    First,

         8       Mr. President, I want to thank you for

         9       recognizing me.

        10                  We've had a very spirited debate

        11       about this particular issue.  But I want to

        12       emphasize that first, in order to get this

        13       bill passed, we spent a lot of time listening

        14       to a number of groups.

        15                  One of my colleagues talked about

        16       Michael Gerrard, who wrote a very good expert

        17       analysis in the New York Law Journal that

        18       talks about this particular piece of

        19       legislation.  And he also states in his

        20       article that there was a lot of momentum going

        21       towards passing this particular legislation,

        22       and it was slowed down last year for a variety

        23       of reasons.

        24                  He also states that because of the

        25       Pine Bush decision, that it will not lead to



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         1       more lawsuits being filed, that there's still

         2       other work to be done.  So this particular

         3       issue that people raised, according to the

         4       expert, he already says that this will not

         5       lead to more cases in the state, or the

         6       floodgates, as some people have suggested.

         7                  Thank you.

         8                  ACTING PRESIDENT BRESLIN:    Thank

         9       you, Senator Thompson.  You will be recorded

        10       in the affirmative.

        11                  Announce the results.

        12                  THE SECRETARY:    Ayes, 29.  Nays,

        13       32.

        14                  ACTING PRESIDENT BRESLIN:    The

        15       bill fails.

        16                  The Secretary will continue to

        17       read.

        18                  THE SECRETARY:    Calendar Number

        19       133, by Senator Squadron, Senate Print 6141B,

        20       an act to amend the Environmental Conservation

        21       Law.

        22                  SENATOR LIBOUS:    Explanation.

        23                  ACTING PRESIDENT BRESLIN:    An

        24       explanation has been requested, Senator

        25       Squadron.



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         1                  SENATOR SQUADRON:    Thank you,

         2       Mr. President.

         3                  This bill would create a -- would

         4       put on the table for the first time in the

         5       nation a gallons-per-mile standard for

         6       consumers to make use of when considering what

         7       car to purchase.  Gallons per mile is a much

         8       better standard than miles per gallon for

         9       consumers who are conscious about the effect

        10       on the environment or the effect on their

        11       wallets of different cars they might be

        12       choosing and trying to find the most efficient

        13       one.

        14                  It does so with the very modest

        15       requirement that every auto dealer selling new

        16       cars put up a single poster in the auto

        17       dealership that explains the gallons per mile

        18       relative to miles per gallon and to the amount

        19       of relative savings, in increments of 5 miles

        20       per gallon, from 5 to 50, for each level.  So

        21       that you can really see that, for example,

        22       you're much better off going from a car -- if

        23       you're choosing between a car that goes 10

        24       miles per gallon and 15, you save a lot more

        25       gas over 1,000 miles than if you take a car



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         1       from 25 to 45 miles per gallon.

         2                  Gallons per mile has been shown in

         3       studies to really drive consumers to choose

         4       vehicles that use less gas.  Less gas is great

         5       for the environment and great for wallets.

         6       This bill will put New York on the cutting

         7       edge of how to really think about fuel

         8       efficiency in the 21st century.  It's great

         9       for the 40th Earth Day that we are going to be

        10       starting to think about how we consider fuel

        11       efficiency and making good choices on fuel

        12       efficiency for the next hundred Earth Days.

        13                  ACTING PRESIDENT BRESLIN:    Thank

        14       you, Senator Squadron.

        15                  Senator DeFrancisco.

        16                  SENATOR DeFRANCISCO:    Would

        17       Senator Squadron yield --

        18                  ACTING PRESIDENT BRESLIN:    Excuse

        19       me, Senator DeFrancisco.

        20                  Can we have some quiet, please.

        21                  SENATOR DeFRANCISCO:    Would

        22       Senator Squadron please yield to a question?

        23                  ACTING PRESIDENT BRESLIN:    Do you

        24       yield to a question, Senator Squadron, from

        25       Senator DeFrancisco?



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         1                  SENATOR SQUADRON:    Happy to.

         2                  ACTING PRESIDENT BRESLIN:    You

         3       may proceed.

         4                  SENATOR DeFRANCISCO:    Can you

         5       tell me what additional information a consumer

         6       gets by learning the gallons per mile versus

         7       miles per gallon?

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Squadron.

        10                  SENATOR SQUADRON:    Well,

        11       comparatively, when you have the miles per

        12       gallon number in front of you, what you learn

        13       is the relative gallon per mile of -- or

        14       gallon per thousand miles, in the case of this

        15       bill -- of different vehicles.  You don't have

        16       that in a miles-per-gallon standard.  It is a

        17       relatively simple calculation, but it's not

        18       one that consumers normally do.

        19                  And it's -- frankly, the

        20       gallon-per-mile standard isn't one that most

        21       consumers are aware of.  So the other thing

        22       they learn through this bill is about the

        23       gallons-per-mile standard and why it's so

        24       important.

        25                  ACTING PRESIDENT BRESLIN:



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         1       Senator DeFrancisco.

         2                  SENATOR DeFRANCISCO:    Would

         3       Senator Squadron answer another question?

         4                  ACTING PRESIDENT BRESLIN:    Would

         5       you continue to yield, Senator Squadron,

         6       through the President?

         7                  SENATOR SQUADRON:    Yes, I'll

         8       yield.

         9                  SENATOR DeFRANCISCO:    I know the

        10       miles per gallon.  Are you saying we get

        11       additional information if you require a

        12       signage reversing that as to gallons per mile?

        13       What additional information do we get?

        14                  SENATOR SQUADRON:    Through you,

        15       Mr. President --

        16                  SENATOR DeFRANCISCO:    Can't you

        17       easily convert that by a simple mathematical

        18       formula?

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Squadron.

        21                  SENATOR SQUADRON:    Through you,

        22       Mr. President.  And someone had mentioned that

        23       it was the inverse.

        24                  This bill, the information that you

        25       get out of this bill is twofold.  First, you



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         1       get the existence of the gallons-per-mile

         2       standard and why it's so important.  And

         3       secondly, you do get a nice side-by-side

         4       comparison of miles per gallon and gallons per

         5       thousand miles, in fact, and the relative

         6       savings as you sort of climb the ladder on

         7       miles per gallon.

         8                  So it is information that would be

         9       available to a savvy consumer who was

        10       considering it.  But as we well know, gallons

        11       per mile is probably a new concept to most

        12       people in this room today.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator DeFrancisco.

        15                  SENATOR DeFRANCISCO:    I'd just

        16       like to speak on the bill.

        17                  ACTING PRESIDENT BRESLIN:

        18       Senator DeFrancisco, on the bill.

        19                  SENATOR DeFRANCISCO:    I think I

        20       just discovered the reason why no other state

        21       has this bill.

        22                  (Laughter.)

        23                  SENATOR DeFRANCISCO:    Every new

        24       car in every dealership posts miles per

        25       gallon.  And it's a simple conversion of



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         1       numbers to make a simple calculation as to

         2       what gallons per mile are.

         3                  We're going to require our auto

         4       dealers in our state to be less competitive to

         5       talk about gallons per mile rather than miles

         6       per gallon, when the federal government

         7       already requires this disclosure -- it's on

         8       every place.

         9                  In addition, this bill, believe it

        10       or not -- I didn't ask about this.  I was

        11       afraid of the answer.  Because you have to

        12       also post the cost of fuel per 1,000 miles

        13       based upon the most recent United States

        14       Environmental Protection Agency's Fuel Economy

        15       Guide price of gas.  Guide price of gas.

        16                  So I guess the dealer's going to

        17       have to go out periodically, see what the

        18       price of gas is, put up all new signs.  And if

        19       you don't have the sign up, you get a free

        20       pass the first time, then it's a hundred

        21       dollar per car.  I mean, are we trying to be

        22       business-unfriendly?

        23                  There's absolutely no additional

        24       value to what is being required to be provided

        25       by our auto dealers than any other auto



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         1       dealers.

         2                  This is not -- does nothing for the

         3       environment.  It does a lot for making our

         4       auto dealers noncompetitive.  I urge a

         5       unanimous no vote.

         6                  ACTING PRESIDENT BRESLIN:    Thank

         7       you, Senator DeFrancisco.  You will be

         8       recorded in the negative.

         9                  Senator Fuschillo, on the bill.

        10                  SENATOR FUSCHILLO:    Would the

        11       sponsor yield for a few questions?

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Squadron, do you yield for questions

        14       from Senator Fuschillo?

        15                  SENATOR SQUADRON:    I'd be happy

        16       to.

        17                  SENATOR FUSCHILLO:    Senator

        18       Squadron, this is for every model that the

        19       dealership would have?  If they have 10

        20       different models, they have to post 10

        21       different signs?

        22                  SENATOR SQUADRON:    Through you,

        23       Mr. President, no, it's not.

        24                  A couple of points of fact just on

        25       the previous speaker, very briefly.  There's a



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         1       standard EPA that comes out annually.  It says

         2       "based on," so it wouldn't have to be exactly

         3       what it is if there were slight shifts, so it

         4       wouldn't have to be sort of regularly putting

         5       up new posters.  It's a $50 fine the second

         6       time, not a hundred-dollar time.

         7                  But to answer this question, no,

         8       it's a single poster.  And in fact the

         9       legislation would require DEC to create a

        10       model poster that would be exactly what you

        11       would use.  It would be posted on the website

        12       and could therefore be printed out by any of

        13       the dealers.  It would be a single standard

        14       one based on, as I say, miles per gallon

        15       increments of 5 from 5 to 50.

        16                  ACTING PRESIDENT BRESLIN:

        17       Senator Fuschillo.

        18                  SENATOR FUSCHILLO:    Would the

        19       sponsor yield for one more question?

        20                  ACTING PRESIDENT BRESLIN:    Do you

        21       continue to yield, Senator Squadron?

        22                  SENATOR SQUADRON:    Yes.

        23                  ACTING PRESIDENT BRESLIN:    You

        24       may proceed, Senator.

        25                  SENATOR FUSCHILLO:    Senator, one



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         1       of the things that concerns me is the way it's

         2       written, the bill.  You just said the DEC, but

         3       in the legislation you write "the Department

         4       shall develop a model sign which provides

         5       consumer fuel consumption information."

         6       Nowhere in the bill do you reference what

         7       department.

         8                  Now, I've read this bill multiple

         9       times, and I don't know if it's the Department

        10       of Consumer Protection, Environmental

        11       Conservation or DEC.  Because if this becomes

        12       law, the law will not specify which department

        13       has the responsibility to do exactly what

        14       you're asking them to do.

        15                  SENATOR SQUADRON:    Through you,

        16       Mr. President.  In answer to that question,

        17       this language was drafted in coordination with

        18       DEC.  It exists in Section 3 of the

        19       Environmental Conservation Law, which is the

        20       section that lays out the responsibilities of

        21       the commissioner of DEC.

        22                  ACTING PRESIDENT BRESLIN:

        23       Senator Fuschillo.

        24                  SENATOR FUSCHILLO:    Thank you,

        25       Senator.



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         1                  ACTING PRESIDENT BRESLIN:

         2       Senator Larkin, on the bill.

         3                  SENATOR LARKIN:    Would Senator

         4       Squadron respond to one question?

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Squadron, would you yield for one

         7       question from Senator Larkin?

         8                  SENATOR SQUADRON:    I will yield

         9       for one to begin and then a second if needed.

        10                  SENATOR LARKIN:    Daniel, who's

        11       going to hire all these inspectors to see that

        12       this is done?

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Squadron.

        15                  SENATOR SQUADRON:    Through you,

        16       Mr. President.  There are, as I'm sure many of

        17       the Senators in the room know, any number of

        18       requirements put on auto dealers and others in

        19       the State of New York.  Some, in fact, under

        20       the ECL that have to deal with auto dealers.

        21       And presumably this would be enforced the way

        22       other laws are enforced.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Larkin.

        25                  SENATOR LARKIN:    On the bill.



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         1                  ACTING PRESIDENT BRESLIN:    On the

         2       bill, Senator Larkin.

         3                  SENATOR LARKIN:    You know, every

         4       one of us have automobile dealers.  I hope

         5       you've all gone home and asked them about

         6       this.

         7                  And one fellow said to me, "Are you

         8       crazy?  We're having a hard time selling cars

         9       as it is.  Why don't you stop punishing us?"

        10                  Gentlemen, ladies and gentlemen,

        11       think of what you did yesterday.  You stuck a

        12       knife into the contractors and cut them loose.

        13       A few minutes ago we wanted to cut out the

        14       industry for jobs.  And I hear this from

        15       Washington to here:  Jobs, jobs, jobs.  What

        16       we ought to be starting to say is, How much

        17       can we do to you so we'll get you to move out

        18       of New York?

        19                  When are we going to wake up and

        20       start to remember that this is our state?  As

        21       we look at it, everybody is looking at us as a

        22       bunch of jerks.  You know what they said?

        23       Dan, just for your information, they said,

        24       "Why don't you guys sit down and do the budget

        25       instead of the nonsense?"



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         1                  ACTING PRESIDENT BRESLIN:    Are

         2       there any other Senators wishing to be heard?

         3                  Hearing none, the debate is closed.

         4       The Secretary will ring the bells.

         5                  Read the last section.

         6                  THE SECRETARY:    Section 3.  This

         7       act shall take effect on the first of January

         8       next succeeding.

         9                  ACTING PRESIDENT BRESLIN:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Saland, to explain his vote.

        14                  SENATOR SALAND:    Thank you,

        15       Mr. President.

        16                  Mr. President, this just flies in

        17       the face of common sense.  If you want to talk

        18       about extraneous, superfluous legislation,

        19       this one takes the prize.

        20                  If I'm interested in buying a car

        21       and gas mileage is my concern, I don't need to

        22       figure out another way to calibrate or compute

        23       whatever it's going to be.  If I want to buy a

        24       car, I look at the sticker that comes with the

        25       car and it says so much per miles per gallon



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         1       for city driving, so much for highway driving,

         2       whatever the average may be.

         3                  If I'm concerned about fuel

         4       efficiency, I don't look at the model that

         5       gives me 15 miles to the gallon, I look at the

         6       model that gives me 25 to 30 miles to the

         7       gallon.

         8                  Purely extraneous, superfluous, and

         9       a hardship on an already struggling industry

        10       that's been through the most difficult

        11       challenges of any industry that we have seen

        12       in our state.

        13                  Mr. President, I vote in the

        14       negative.

        15                  ACTING PRESIDENT BRESLIN:

        16       Senator Saland will be recorded in the

        17       negative.

        18                  Senator Squadron, to explain his

        19       vote.

        20                  SENATOR SQUADRON:    Thank you,

        21       Mr. President.

        22                  You know, it's really a shame that

        23       the idea of giving consumers better

        24       information that research that shows again and

        25       again that different kinds of information



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         1       presented to consumers lead to different

         2       conclusions is considered quite so absurd in

         3       this chamber.

         4                  You know, it's sometimes said that

         5       doing something for the environment and doing

         6       something for the economy are in conflict.

         7       This bill actually proves that doing something

         8       for the environment and doing something for

         9       consumers' wallets in the State of New York,

        10       so they have the information in front of them

        11       to make better choices in purchasing -- it's

        12       right there for them in a way that it wouldn't

        13       be in any other state -- is such a ridiculous

        14       concept in this chamber.

        15                  The fact is miles per gallon is a

        16       standard that was created many, many years ago

        17       when folks were not nearly as interested in

        18       actually comparison shopping around

        19       efficiency, when gas didn't cost nearly as

        20       much as it does today.

        21                  And I think that frankly it's only

        22       a matter of time before the gallons-per-mile

        23       standard is used.  And I'm very pleased that

        24       as part of the Earth Day package, the Senate

        25       has taken it up today.  I'll be voting yes.



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         1                  Thank you, Mr. President.

         2                  ACTING PRESIDENT BRESLIN:    Thank

         3       you, Senator Squadron.

         4                  Senator Libous, excuse me, but if

         5       we could see the show of hands of those voting

         6       in the negative while Senator Libous is

         7       explaining his vote.

         8                  SENATOR LIBOUS:    Thank you,

         9       Mr. President.

        10                  Senator Squadron, in all due

        11       respect, obviously your constituents in

        12       Brooklyn, am I correct -- in lower Manhattan,

        13       I apologize -- must take a very different

        14       approach than those in Binghamton.  Because if

        15       I vote for this bill, they'll run me over with

        16       their cars.

        17                  (Laughter.)

        18                  SENATOR LIBOUS:    I mean, we sit

        19       here on what, is today the 20th?  And no state

        20       budget.  And if I vote for this bill and go

        21       back home and tell them I did it --

        22       Mr. President, I vote no.  This is just not

        23       something that's needed.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Libous will be recorded in the



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         1       negative.

         2                  Senator DeFrancisco, to explain his

         3       vote.

         4                  SENATOR DeFRANCISCO:    If this

         5       bill provided consumers more information and

         6       helped them to make an environmentally sound

         7       decision on what car to buy, I would consider

         8       voting for it.

         9                  But you're getting no more

        10       information by getting gallons-per-mile

        11       information as opposed to miles-per-gallons.

        12       You compare apples to apples.  You compare

        13       miles per gallon to miles per gallon, no

        14       matter what the price of the gasoline is.

        15                  The only effect this has on the

        16       environment is all the placards that are going

        17       to be on the thousands and hundreds of

        18       thousands of cars in the State of New York

        19       will result in destruction of trees in the

        20       Adirondacks or someplace else.

        21                  There's no additional information.

        22       It can't possibly benefit the environment, and

        23       it just puts us, our car dealers, at a

        24       competitive disadvantage.  I vote no.

        25                  ACTING PRESIDENT BRESLIN:



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         1       Senator DeFrancisco will be recorded in the

         2       negative.

         3                  Senator Libous, why do you rise?

         4                  SENATOR LIBOUS:    Mr. President,

         5       on the roll call, I thought members had to be

         6       in their seats for a vote.  I thought that's

         7       what the rule said.

         8                  ACTING PRESIDENT BRESLIN:    I

         9       believe that's correct, Senator Libous.

        10                  SENATOR LIBOUS:    And I see a lot

        11       of empty seats in the chamber, Mr. President.

        12                  ACTING PRESIDENT BRESLIN:

        13       Pardon?

        14                  SENATOR LIBOUS:    I see a lot of

        15       empty seats in the chamber.

        16                  ACTING PRESIDENT BRESLIN:

        17       Senator Libous, the vote was recorded more

        18       than 10 --

        19                  SENATOR LIBOUS:    Well, if the

        20       seat is empty, I mean -- no, no.  No, no.

        21       Hang on.  Mr. President --

        22                  ACTING PRESIDENT BRESLIN:    We

        23       recorded the vote probably six or seven

        24       minutes ago, Senator Libous.

        25                  SENATOR LIBOUS:    They were empty



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         1       six or seven minutes ago, Mr. President.

         2                  ACTING PRESIDENT BRESLIN:    No,

         3       they weren't.

         4                  SENATOR LIBOUS:    Listen, I know

         5       the hour is late.  I'm not trying to give a

         6       hard time.  But the Senate rules are pretty

         7       specific that you have to be in your seat for

         8       a roll call.

         9                  ACTING PRESIDENT BRESLIN:    Duly

        10       noted, Senator Libous.  And we'll enforce it

        11       for both sides.

        12                  SENATOR LIBOUS:    We would

        13       appreciate it if you do that, Mr. President.

        14       Thank you, and we'll be anxious to see what

        15       happens on the next vote, sir.

        16                  ACTING PRESIDENT BRESLIN:    Thank

        17       you, Senator Libous.

        18                  Announce the results.

        19                  THE SECRETARY:    Those recorded in

        20       the negative on Calendar Number 133 are

        21       Senators Alesi, Bonacic, DeFrancisco, Farley,

        22       Flanagan, Fuschillo, Golden, Griffo, Hannon,

        23       O. Johnson, Larkin, Leibell, Libous, Little,

        24       Marcellino, Maziarz, McDonald, Nozzolio,

        25       Ranzenhofer, Robach, Saland, Seward, Skelos,



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         1       Volker, Winner and Young.

         2                  Ayes, 35.  Nays, 26.

         3                  ACTING PRESIDENT BRESLIN:    The

         4       bill is passed.

         5                  The Secretary will continue to

         6       read.

         7                  THE SECRETARY:    Calendar Number

         8       160, by Senator Stewart-Cousins, Senate Print

         9       5119, an act to amend the State Finance Law.

        10                  SENATOR LITTLE:    Explanation,

        11       please.

        12                  ACTING PRESIDENT BRESLIN:    An

        13       explanation has been requested by Senator

        14       Little.  Senator Stewart-Cousins, for the

        15       explanation.

        16                  SENATOR STEWART-COUSINS:    Yes,

        17       thank you, Mr. President.

        18                  This bill would move us a little

        19       bit farther along in our efforts as a state to

        20       practice what we preach.  Just recently the

        21       DEC, in their executive summary, talked about

        22       solid waste management, talked about how as

        23       New York State moves forward it has to address

        24       the different ways to reduce the amount of

        25       waste generated, and talked about how we can



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         1       help the general public to be more conscious

         2       about what they use and whether or not it can

         3       be recycled to reduce the waste.

         4                  This bill asks us to do the same

         5       thing in our own house.  We are looking at

         6       having our state agencies not use paper that

         7       cannot be recycled.  It's very simple.  In

         8       2008, the Governor did an executive order

         9       asking for all the state agencies to work as

        10       he had established a state green procurement

        11       and agency sustainability program.  That was,

        12       I suppose, to celebrate Earth Day in 2008.

        13       And what this would do would encourage our

        14       various agencies to develop programs that

        15       would again reduce the level of products we

        16       use that cannot be recycled.

        17                  So we've done that in many areas --

        18       napkins, paper in our restroom facilities, and

        19       even everyday papers, but we haven't done it

        20       with envelopes.  So what this would do is take

        21       a look at what we use in the way of envelopes,

        22       specifically goldenrod, which is for all

        23       intents and purposes not recyclable, and move

        24       as a state to using even envelopes that we can

        25       recycle.



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         1                  It is very simply what Montana does

         2       when they say they lead by example.  And of

         3       course, among the things that they say they

         4       don't use is goldenrod.  There's another list,

         5       but the first thing actually is goldenrod.

         6                  So I think that we can be as smart

         7       about our products as Montana or Kansas or any

         8       of the other states that understand that we

         9       have a responsibility to lead by example.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Little.

        12                  SENATOR LITTLE:    Thank you,

        13       Mr. President.  And thank you, Senator

        14       Stewart-Cousins.

        15                  I'd like to begin by saying that I

        16       served on the county board of supervisors in

        17       Warren County, and one of the first things I

        18       did as a supervisor there was establish a

        19       recycling program.  And so I am a recycling

        20       advocate.  As a matter of fact, my father tore

        21       down houses and resold all the materials from

        22       them.  The house I live in has lot of

        23       materials from other old homes.

        24                  However, this particular bill I

        25       have some concerns about.  And certainly one



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         1       of the major concerns I have is how it affects

         2       a corporation, International Paper, which has

         3       a paper plant in my district.  And so that's a

         4       major concern.

         5                  But the second one is really how

         6       this would be implemented.  And I have a

         7       series of questions I would like to ask

         8       Senator Stewart-Cousins.

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Stewart-Cousins, do you yield?

        11                  SENATOR STEWART-COUSINS:

        12       Absolutely.

        13                  ACTING PRESIDENT BRESLIN:    You

        14       may proceed, Senator Little.

        15                  SENATOR LITTLE:    All right.

        16       Senator Stewart-Cousins, the bill talks

        17       about -- it identifies what nonrecyclable

        18       materials are that we are going to prohibit

        19       being purchased.  And these nonrecyclable

        20       materials are materials that cannot be sorted,

        21       cleansed and reconstituted using available

        22       recycling collection programs.

        23                  If there is not an available

        24       recycling program in that municipality or that

        25       community, is this bill going to still be



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         1       effective?

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Stewart-Cousins.

         4                  SENATOR STEWART-COUSINS:    Well,

         5       again, this bill impacts what we do in our

         6       state government.  So from what I understand

         7       from DEC and OGS, the movement has been and

         8       continues to be to make sure that we use paper

         9       we can recycle.  So this is inner-directed.

        10       This is for us.

        11                  SENATOR LITTLE:    Well, if I may,

        12       Senator Stewart-Cousins, I should have begun

        13       with the first question.  But the bill

        14       prohibits the purchase of nonrecyclable paper

        15       products, and the state and any governmental

        16       agency or political subdivision or public

        17       benefit corporation of the state shall not

        18       purchase or obtain nonrecyclable paper

        19       products.

        20                  That would include napkins, paper

        21       towels, and things that I do not really think

        22       could be sorted, cleansed, or reconstituted --

        23       and certainly not in any recycling program of

        24       any of the six counties that I represent.

        25                  So the municipalities -- my



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         1       question is according to the bill every

         2       municipality would be affected by this bill.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Stewart-Cousins.

         5                  SENATOR STEWART-COUSINS:    Yes,

         6       I'm just wondering in terms of the local

         7       municipalities.  And again, I certainly

         8       welcome this discussion.  But is there no

         9       ability to recycle paper in the local

        10       municipalities in your area, Senator Little?

        11       I mean, is there no recycling of napkins or

        12       paper?

        13                  SENATOR LITTLE:    Oh, no, we have

        14       plenty of recycling.  And we try to have

        15       recycling where we have markets.  But this

        16       would be a mandate, basically, upon

        17       communities that did not have a recycling

        18       program that does napkins, paper towels and

        19       all of that kind of paper, which I'm not

        20       certain -- I don't know of a program -- maybe

        21       you do, Senator -- where they do recycle

        22       napkins and paper towels, et cetera.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Stewart-Cousins.

        25                  SENATOR STEWART-COUSINS:    Well, I



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         1       know that we have here, within our government,

         2       state government, the ability to purchase

         3       products that are recyclable.  So I think that

         4       talking about purchasing products that are

         5       recyclable is really what the issue here is.

         6                  If we continue to promote or to

         7       suggest that there are no alternatives to

         8       products that actually are not of any value to

         9       the earth after they're used, then people will

        10       continue to create them.

        11                  So the issue here is whether we can

        12       make a conscious decision to actually promote

        13       products that can be recycled.

        14                  SENATOR LITTLE:    Thank you.  If I

        15       may, Mr. President.

        16                  ACTING PRESIDENT BRESLIN:    Do you

        17       yield continue to yield, Senator

        18       Stewart-Cousins?

        19                  SENATOR STEWART-COUSINS:    Yes.

        20                  SENATOR LITTLE:    But in answer to

        21       the other question, Senator Stewart-Cousins,

        22       aren't we making a decision in this bill that

        23       will affect every municipality, I would assume

        24       every political distinction, and every public

        25       benefit corporation in the State of New York,



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         1       prohibiting them from purchasing anything of

         2       this category that doesn't have a recycling

         3       program?

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator Stewart-Cousins.

         6                  SENATOR STEWART-COUSINS:    Again,

         7       I hope that most municipalities, most local

         8       municipalities, not only do have a recycling

         9       program but understand the importance of a

        10       recycling program.

        11                  But what, again, we are in this

        12       bill trying to do is to create the reality

        13       that there are options, that one need not

        14       purchase paper that has such a level of

        15       metallic dye that it cannot be recycled

        16       whether you had a program or not.  There are

        17       options.  And this bill suggests strongly that

        18       those options be used.

        19                  SENATOR LITTLE:    If I may,

        20       Mr. President, wouldn't one of the options be

        21       a better educational program rather than a

        22       prohibition and a mandate upon all of these

        23       municipalities and government entities?

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Stewart-Cousins.



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         1                  SENATOR STEWART-COUSINS:    I must

         2       apologize, would you repeat your question?

         3                  SENATOR LITTLE:    Wouldn't it be

         4       better to have an educational program for this

         5       kind of thing rather than a prohibition and

         6       actually a mandate upon all of these

         7       municipalities, public benefit corporations,

         8       government entities?

         9                  SENATOR STEWART-COUSINS:    Well, I

        10       do believe that all of this is part of an

        11       education program, Senator Little.  I mean,

        12       we're celebrating the 40th Earth Day.  There

        13       is, perpetual education, that goes on even in

        14       this chamber as we've discussed so many of the

        15       bills that we've discussed.

        16                  The opportunity to purchase goods

        17       that are recyclable is ever-present.  And I

        18       think that as municipalities, if we move in

        19       that direction, we will see that we will be

        20       teaching and we will be preserving the

        21       environment, which is what we need to do.

        22                  So this really has to do with

        23       interoffice -- this is the discussion that we

        24       were having.  This really has to do with the

        25       interoffice things.  Not napkins and other



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         1       sorts of paper goods, but the interoffice

         2       products that we use.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Little.

         5                  SENATOR LITTLE:    Thank you.  If I

         6       may, Mr. President.  But it is far more

         7       extensive --

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Stewart-Cousins, will you yield for an

        10       additional question?

        11                  SENATOR STEWART-COUSINS:    I do.

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Little.

        14                  SENATOR LITTLE:    I think my point

        15       is this is far more extensive than any kind of

        16       just interoffice prohibition that we're

        17       talking about.

        18                  How would this affect existing

        19       state contracts and contracts that

        20       municipalities, the state agencies, the state

        21       itself, the school districts, libraries and

        22       all of those have in the purchase of paper

        23       products?

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Stewart-Cousins.



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         1                  SENATOR STEWART-COUSINS:    We had

         2       made that inquiry, Senator Little, and we were

         3       told that in terms of paper products they

         4       generally don't enter into long-term

         5       contracts, that it's generally a pay as -- a

         6       buy as they go, pay as they go.

         7                  ACTING PRESIDENT BRESLIN:

         8       Senator Little.

         9                  SENATOR LITTLE:    Thank you.  If I

        10       may --

        11                  ACTING PRESIDENT BRESLIN:    Would

        12       you continue to yield?

        13                  SENATOR STEWART-COUSINS:    Of

        14       course.

        15                  SENATOR LITTLE:    Then I would

        16       assume that the contracts that are in

        17       existence should be sent a notice that you can

        18       no longer purchase them from that company

        19       again.

        20                  ACTING PRESIDENT BRESLIN:

        21       Senator Stewart-Cousins.

        22                  SENATOR STEWART-COUSINS:    Well,

        23       again, I don't think that people are

        24       suggesting that they can't purchase from a

        25       company.  What the suggestion is is that the



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         1       purchase that they make be of recyclable

         2       paper.

         3                  There are a number of options in

         4       terms of the types of paper that can be used,

         5       the types of envelopes that can be used.  And

         6       you know, so I think it's not about not using

         7       certain people, it's about what it is that's

         8       being bought.

         9                  SENATOR LITTLE:    Thank you.  If

        10       you may, though, Mr. President --

        11                  ACTING PRESIDENT BRESLIN:

        12       Senator Little, do you wish Senator

        13       Stewart-Cousins to continue to yield?

        14                  SENATOR LITTLE:    So if they're

        15       purchasing this product and they can no longer

        16       purchase this product and that company no

        17       longer has any other product, then that's it

        18       for that company.  So how do they break the

        19       contract, or how do they stop?  Your bill says

        20       this act shall take effect immediately.

        21                  SENATOR STEWART-COUSINS:    Well,

        22       again, from what I understand, there isn't a

        23       contract.  So what would happen -- and I'm

        24       sure that most paper companies have more than

        25       one paper product or type of paper available.



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         1       So I have -- you know, I mean, I certainly can

         2       talk about what's available, moss and okra --

         3       even different colors.  It just so happens

         4       that this goldenrod is goldenrod because of

         5       the level of dyeing that happens, heavy

         6       metallic dyes that happen to make it that

         7       color.

         8                  So again, we have an opportunity to

         9       move to something that would be a little less

        10       toxic for the environment and still, you know,

        11       serve the purpose.

        12                  SENATOR LITTLE:    Thank you.  If I

        13       may, though --

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Stewart-Cousins, will you continue to

        16       yield to Senator Little?

        17                  SENATOR STEWART-COUSINS:

        18       Absolutely.

        19                  ACTING PRESIDENT BRESLIN:    You

        20       may proceed, Senator Little.

        21                  SENATOR LITTLE:    However,

        22       Senator, are you aware that goldenrod and

        23       kraft papers are recyclable?

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Stewart-Cousins.



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         1                  SENATOR STEWART-COUSINS:    Well,

         2       again, I -- you know, you say that.  I have a

         3       report here called Winners and Sinners in 

         4       Recycling.  And this was a report of a

         5       not-for-profit coalition of universities, and

         6       this included Cornell, NYU, SUNY Albany:  The

         7       top three villains in deskside recycling,

         8       number one being goldenrod.

         9                  I had, as I began my description of

        10       some of the research that we've done, talked

        11       about Montana.  Emory University in Georgia

        12       seems to feel that goldenrod isn't recyclable.

        13       You know, there's a number of different places

        14       that I can tell you that actually disagrees

        15       with what you just asserted.  So it seems the

        16       general -- California is another one, I have a

        17       number of them here:  "Avoid fluorescents and

        18       goldenrod papers."

        19                  So I think it's pretty nationally

        20       proclaimed that goldenrod is probably the

        21       least desirable.  And again, there are

        22       alternatives.  It's not like we won't be using

        23       envelopes anymore.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Little.



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         1                  SENATOR LITTLE:    Mr. President,

         2       yes, please.

         3                  ACTING PRESIDENT BRESLIN:    Would

         4       you like Senator Stewart-Cousins to continue?

         5                  SENATOR LITTLE:    Yes, if I may,

         6       to continue.

         7                  ACTING PRESIDENT BRESLIN:    Would

         8       you continue to yield, Senator

         9       Stewart-Cousins?

        10                  SENATOR STEWART-COUSINS:    Yes,

        11       certainly.

        12                  SENATOR LITTLE:    Well,

        13       International Paper makes these goldenrod

        14       envelopes.  And according to them, it is a

        15       coating -- it is not a coating, on the bill,

        16       as your bill says it is a coating.

        17       International Paper also says these are

        18       recyclable, as are the brown kraft materials.

        19                  Now, they're not recyclable -- they

        20       can't be made into white paper.  But they are

        21       recyclable into cardboard and to other means,

        22       darker kind of materials.

        23                  I also have a note from DEC that

        24       says that goldenrod paper and kraft stationery

        25       are recyclable.  So it would seem that, you



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         1       know, maybe we ought to, you know, relook at

         2       this again.

         3                  SENATOR STEWART-COUSINS:    I think

         4       the reality is that if the paper is

         5       recyclable, then this wouldn't impact the

         6       paper that you're talking about.  So if

         7       whatever -- as you're saying, International

         8       Paper, if the goldenrod paper that they are

         9       putting forth is indeed recyclable, then this

        10       wouldn't apply to them.

        11                  SENATOR LITTLE:    Thank you.

        12                  If I may, Mr. President, to Senator

        13       Stewart-Cousins.

        14                  ACTING PRESIDENT BRESLIN:    Will

        15       you continue to yield, Senator

        16       Stewart-Cousins, to Senator Little?

        17                  SENATOR STEWART-COUSINS:

        18       Absolutely.

        19                  SENATOR LITTLE:    However, the

        20       bill mentions goldenrod papers coated with a

        21       dye found on masking paper commonly used for

        22       interoffice mailing envelopes and kraft

        23       stationery and paper products, that they would

        24       be affected this because they are listed as

        25       being nonrecyclable.



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         1                  SENATOR STEWART-COUSINS:    Well, I

         2       think that the specificity here is the

         3       goldenrod paper is coated with a dye.  So

         4       again, if what is being produced does not fit

         5       that description, then it would not be

         6       applicable.

         7                  SENATOR LITTLE:    However,

         8       Mr. President, if I may, again, Senator --

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Stewart-Cousins, will you continue to

        11       yield?

        12                  SENATOR STEWART-COUSINS:

        13       Certainly.

        14                  ACTING PRESIDENT BRESLIN:    You

        15       may proceed, Senator Little.

        16                  SENATOR LITTLE:    But anyone who

        17       looks at this piece of legislation and sees

        18       that goldenrod and kraft papers are

        19       nonrecyclable would assume that that's

        20       correct.  And yet we are hearing from the

        21       company that manufactures it, they use it.

        22       And corrugated paper can be recycled to that,

        23       it can be recycled to cardboard.  And DEC

        24       itself is saying that these products are

        25       recyclable.



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         1                  SENATOR STEWART-COUSINS:    Well,

         2       you know, again, I think it's very clear that

         3       this bill is targeting nonrecyclable paper.

         4       And again, the description that was given with

         5       regard to the goldenrod paper was that it was

         6       coated with a dye.  So I think that the

         7       entity, the manufacturer, they will be able to

         8       prove if they're recyclable.  And that is

         9       fine; then this does not apply.

        10                  What we are trying to do -- and I'm

        11       sure you clearly know what we're trying to

        12       do -- is, again, move to the next level.

        13       There are many ways that we can do our

        14       interoffice correspondence.  There are many

        15       ways that we can deliver our proclamations or

        16       whatever in envelopes that indeed are

        17       friendlier to the environment.

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Little.

        20                  SENATOR LITTLE:    If I may,

        21       Mr. President.

        22                  Senator, would you consider

        23       amending the bill to take out --

        24                  ACTING PRESIDENT BRESLIN:    Would

        25       you continue to yield, Senator



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         1       Stewart-Cousins?

         2                  SENATOR STEWART-COUSINS:    Of

         3       course.

         4                  SENATOR LITTLE:    Thank you.

         5       Senator, would you consider amending the bill

         6       to take out those materials, goldenrod papers

         7       and the things -- kraft stationery, so that

         8       there is not misleading information in the

         9       legislation?

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Stewart-Cousins.

        12                  SENATOR STEWART-COUSINS:    If I

        13       thought that it indeed was misleading, I would

        14       take it out.  But as I'm saying to you, it is

        15       universally and certainly nationally accepted

        16       that goldenrod paper is problematic.

        17                  Now, if your particular industry --

        18       or, rather, if your particular corporation

        19       uses paper that they call goldenrod that

        20       indeed is recyclable, then this does not

        21       apply.  And so therefore there's not a need to

        22       amend.  Because if we -- if I take out

        23       goldenrod, then we would be flying in the face

        24       of all of the data and the research that has

        25       led states all over the nation to say that



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         1       goldenrod is not the thing that we want to do

         2       because of the way that it becomes goldenrod.

         3                  If they have a different way of

         4       doing that which is recyclable, then I think

         5       that that's good, and it would not impact

         6       them.

         7                  ACTING PRESIDENT BRESLIN:

         8       Senator Little.

         9                  SENATOR LITTLE:    Thank you,

        10       Mr. President.  If I may, Senator, another

        11       question?

        12                  ACTING PRESIDENT BRESLIN:    Would

        13       you continue to yield, Senator

        14       Stewart-Cousins?

        15                  SENATOR STEWART-COUSINS:    Yes, of

        16       course.

        17                  ACTING PRESIDENT BRESLIN:    You

        18       may continue, Senator Little.

        19                  SENATOR LITTLE:    Thank you.  I

        20       will get you material from International Paper

        21       in regard to goldenrod.

        22                  But, Senator, you mentioned

        23       Montana.  And are there other states that

        24       prohibit the purchase of these non-recyclable

        25       paper products?



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         1                  SENATOR STEWART-COUSINS:    Well, I

         2       can tell you that there is an awful lot of

         3       research that's done that has asked people to

         4       not use, to recycle and to really, again, for

         5       the sake of the legacy that we want to leave,

         6       to move away from those things that will leave

         7       the kind of legacy that we don't want.

         8                  So offhand, I could not tell you

         9       the pieces of legislation that have led to

        10       states and localities deciding that they're

        11       not using these products.  But clearly, we

        12       have executive orders that tell us what kinds

        13       of products to use, and we have DEC and other

        14       entities that are asking everyone else to do

        15       the right thing.  And I think that it's only

        16       fitting that we ourselves start moving in that

        17       direction.

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Little.

        20                  SENATOR LITTLE:    Thank you.

        21       Thank you, Senator Stewart-Cousins.

        22                  If I can, on the bill.

        23                  ACTING PRESIDENT BRESLIN:    On the

        24       bill.  Senator Little on the bill.

        25                  SENATOR LITTLE:    Thank you.



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         1                  I just want to say that there's a

         2       difference between education and prohibition.

         3       And this bill prohibits the use of these

         4       materials if -- or whatever, being in an

         5       available recycling collection program.  And

         6       it also lists materials that actually are

         7       recyclable and lists them as being

         8       nonrecyclable.

         9                  Now, obviously I have a concern

        10       about this because of International Paper,

        11       which is in my district.  I have a plant.

        12       They do not make that type of paper there, but

        13       they certainly would be affected.  And they

        14       employ 600 employees, 600-plus.  So they are

        15       an important company.

        16                  They also have what's called Xpedx,

        17       and that is a warehouse and distributing

        18       facility in Western New York, Rochester,

        19       Syracuse, in the Capital Region, in New York

        20       City and on Long Island.  And they are an

        21       office supply outfit that is part of

        22       International Paper.  And they would be

        23       seriously affected by this bill and that

        24       prohibition.

        25                  So I would ask that we not pass



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         1       this bill today, because I thought that we

         2       were involved and working on job growth, not

         3       job reduction in New York State.  And I am

         4       sincerely afraid that this type of prohibition

         5       of these products at this time would cause job

         6       reduction, the loss of jobs in New York State,

         7       and certainly would affect an important

         8       employer in New York State, International

         9       Paper.  And I'm sure there are other companies

        10       that make these paper products that we need to

        11       have some consideration of.

        12                  Education, yes.  Prohibition, I

        13       would vote no.  And I would encourage my

        14       colleagues at this time to vote no.

        15                  Thank you.

        16                  ACTING PRESIDENT BRESLIN:    Thank

        17       you, Senator Little.

        18                  Are there any other Senators

        19       wishing to be heard?

        20                  Senator Marcellino.

        21                  SENATOR MARCELLINO:    Would the

        22       Senator yield just for one question?

        23                  ACTING PRESIDENT BRESLIN:    Do you

        24       yield for one question to Senator Marcellino,

        25       Senator Stewart-Cousins?



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         1                  SENATOR STEWART-COUSINS:    Yes.

         2                  SENATOR MARCELLINO:    Senator

         3       Cousins, is there a fiscal note on this bill?

         4                  SENATOR STEWART-COUSINS:    No,

         5       actually.  No.  We had talked to OGS about it,

         6       and again, because it's not a contractual

         7       thing, it's as you need it, so they had no

         8       fiscal implications that they could share with

         9       me.

        10                  SENATOR MARCELLINO:    Thank you.

        11                  SENATOR STEWART-COUSINS:    You're

        12       welcome.

        13                  ACTING PRESIDENT BRESLIN:    Thank

        14       you, Senator Marcellino.

        15                  Are there any other Senators

        16       wishing to be heard?

        17                  SENATOR LIBOUS:    Read the last

        18       section.

        19                  ACTING PRESIDENT BRESLIN:

        20       Hearing none, the debate is closed.  The

        21       Secretary will ring the bells.

        22                  Read the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect immediately.

        25                  ACTING PRESIDENT BRESLIN:    Call



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         1       the roll.

         2                  (The Secretary called the roll.)

         3                  ACTING PRESIDENT BRESLIN:    I

         4       would also like to say for the record that

         5       upon the call of the roll, Senators are to be

         6       in their seats and voting in the order

         7       recorded.

         8                  And we'll take notice that you're

         9       one removed from yours, Senator Libous.

        10                  (Laughter.)

        11                  SENATOR LIBOUS:    I appreciate the

        12       affection.

        13                  ACTING PRESIDENT BRESLIN:

        14       Announce the results.

        15                  THE SECRETARY:    Those recorded in

        16       the negative on Calendar Number 160 are

        17       Senators Alesi, Bonacic, DeFrancisco, Farley,

        18       Flanagan, Golden, Griffo, O. Johnson, Larkin,

        19       Libous, Little, Maziarz, McDonald, Nozzolio,

        20       Ranzenhofer, Saland, Seward, Skelos, Volker,

        21       Winner and Young.

        22                  Ayes, 40.  Nays, 21.

        23                  ACTING PRESIDENT BRESLIN:    The

        24       bill is passed.

        25                  The Secretary will continue to



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         1       read.

         2                  THE SECRETARY:    Calendar Number

         3       330, by Senator Foley, Senate Print 4983C, an

         4       act to amend the Environmental Conservation

         5       Law and others.

         6                  SENATOR YOUNG:    Explanation.

         7                  ACTING PRESIDENT BRESLIN:    An

         8       explanation, Senator Foley, has been requested

         9       by Senator Young.

        10                  SENATOR FOLEY:    Thank you,

        11       Mr. President --

        12                  ACTING PRESIDENT BRESLIN:    Excuse

        13       me, Senator Foley.

        14                  Senator Klein.

        15                  SENATOR KLEIN:    Mr. President,

        16       upon unanimous consent, I ask that the

        17       supplemental calendar be opened so that

        18       Senator Golden can vote on the remainder of

        19       this calendar and the supplemental calendar,

        20       Mr. President.

        21                  ACTING PRESIDENT BRESLIN:    The

        22       Secretary will read the last section on

        23       Calendar Number 330.

        24                  THE SECRETARY:    Section 5.  This

        25       act shall take effect on the 180th day.



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         1                  ACTING PRESIDENT BRESLIN:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator Golden.

         6                  SENATOR GOLDEN:    No.

         7                  And I would vote yes if I were here

         8       for the hostile amendment.

         9                  ACTING PRESIDENT BRESLIN:    So you

        10       are recorded in the negative on the vote and

        11       would be yes on the hostile amendment if you

        12       were here.

        13                  SENATOR GOLDEN:    Yes,

        14       Mr. President.

        15                  ACTING PRESIDENT BRESLIN:    The

        16       roll is withdrawn, and the bill is laid aside.

        17                  The Secretary will call the roll on

        18       Calendar Number 399.

        19                  THE SECRETARY:    Calendar Number

        20       399, by Senator Thompson, Senate Print 3296G,

        21       an act to amend the Environmental Conservation

        22       Law.

        23                  ACTING PRESIDENT BRESLIN:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 4.  This



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         1       act shall take effect immediately.

         2                  ACTING PRESIDENT BRESLIN:    Call

         3       the roll.

         4                  (The Secretary called the roll.)

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Golden.

         7                  SENATOR GOLDEN:    No.

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Golden recorded in the negative.

        10                  The roll call is withdrawn and the

        11       bill is laid aside.

        12                  We will now return to Calendar

        13       Number 330.

        14                  Senator Foley, an explanation has

        15       been requested by Senator Young.

        16                  SENATOR LIBOUS:    Mr. President.

        17                  ACTING PRESIDENT BRESLIN:

        18       Senator Libous.

        19                  SENATOR LIBOUS:    I believe

        20       there's an amendment at the desk.  And we ask

        21       that you waive its reading and, if you would

        22       call on Senator Marcellino, that would be

        23       greatly appreciated at this time.

        24                  ACTING PRESIDENT BRESLIN:    There

        25       is an amendment at the desk.  Without



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         1       objection, the reading is waived.

         2                  And, Senator Marcellino, you may

         3       speak on the amendment.

         4                  SENATOR MARCELLINO:    Thank you,

         5       Mr. President.  I appreciate the recognition.

         6                  The term "hostile amendment," I

         7       really regret having to use it here because I

         8       don't think this is in fact -- is this on?

         9       The light's not.  Okay, thank you.

        10                  I don't believe this is a hostile

        11       amendment.  This is an attempt to take this

        12       bill and try to make it better, fairer to all

        13       parties that would be impacted by the bill.

        14                  There are a few subsections to this

        15       bill.  The first amends the ECL.  And in the

        16       bill, the language would read, between

        17       Sections -- the lines 18 -- just add it on to

        18       the end where it lists a series of chemicals

        19       or a series of stuff that could be used.  This

        20       bill would add Sections 7 and 8 to that list

        21       and basically include the substances known as

        22       silica gels and other nonvolatile ready-to-use

        23       substances -- paste, foam or gel formulations

        24       of insecticides in areas inaccessible to

        25       children, or the application of a pesticide



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         1       which the United States Environmental

         2       Protection Agency has determined satisfies its

         3       reduced risk criteria, including a

         4       biopesticide.  Which, for those who may not

         5       know, are naturally occurring pesticides in

         6       the plants or in the organisms.  We would

         7       simply add that to this bill.

         8                  Section B or Amendment B to the

         9       legislation would allow nonpublic schools,

        10       which would come in the area of Line 25 in the

        11       bill, on page 2, would allow nonpublic schools

        12       to get approval from their trustees for

        13       emergency applications of pesticides.

        14                  Right now the bill reads "or in the

        15       case of public schools, the school boards

        16       could be used to declare an emergency."  In

        17       other words, if an emergency was found, the

        18       school board would be able to say, in a public

        19       school situation, you could do this.

        20                  We're adding the language, we would

        21       simply say include "public and nonpublic

        22       schools" and the word "trustees," because

        23       nonpublic schools do not have school boards,

        24       necessarily.  Some of them only have trustees.

        25       That would be -- and maybe one or two, and



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         1       they're not necessarily elected to any

         2       particular place.

         3                  So that, we think, would make the

         4       bill fairer for the nonpublic school and put

         5       them on the same plane with respect to this

         6       particular legislation.  Those two would be

         7       amendments to the Environmental Law.

         8                  We would also add a section that

         9       would amend the Social Services Law, because

        10       as we know this bill also amends the Social

        11       Services Law with respect to daycare centers.

        12       And we would add the same lines 7 and 8 around

        13       Line 49 in the bill, which would again add

        14       those same chemicals that I mentioned and read

        15       before, the silica gels and the like, to the

        16       bill so that they could also be used.

        17                  These are non -- they're not

        18       neurotoxins, they would -- insects die and you

        19       could smother them.  These are things that you

        20       would apply to an insect which would basically

        21       go over their outer shell and smother them and

        22       not engage in a neurotoxic thing.

        23                  This I don't think will -- I think

        24       this was left out inadvertently.  I don't

        25       think this was left out for any particular



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         1       reason.  I think this might be just something

         2       that was overlooked when the bill was written.

         3       So we feel that they should be added in

         4       because they're tools that could be used to

         5       assist anyone in a case where you want to

         6       engage in a program to get rid of a problem or

         7       a problem pest.

         8                  We would also add Section D, which

         9       would be Line 56 in the bill, which basically

        10       does the same thing for nonpublic daycare

        11       centers.  It would allow them to be put on the

        12       same level as public daycare centers -- and

        13       frankly, nonpublic is 99 percent of the kind

        14       of daycare centers we deal with -- allow them

        15       the ability to go to their trustees or their

        16       board of directors or whatever to declare an

        17       emergency situation.  That would put them on a

        18       par again with the public situation.

        19                  This also would add Section E to

        20       this bill.  We noticed in the reading --

        21       Mr. President, I am having cross-conversations

        22       here which I really can't --

        23                  ACTING PRESIDENT BRESLIN:    Can we

        24       please have some quiet.

        25                  SENATOR MARCELLINO:    Thank you.



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         1       Appreciate it.

         2                  Section E deals with the effective

         3       date.  There are two different effective dates

         4       in this bill.  One is six months after the

         5       application; one is as much as a year later.

         6                  We would request or suggest that

         7       the effective date be one year from the date

         8       the bill is signed into law for both schools

         9       and daycare centers, giving them both equal

        10       and ample time to address the needs and change

        11       their rules and so forth that is necessary for

        12       these entities to survive.

        13                  Basically, that is the amendments

        14       to the bill.  Again, I don't consider any of

        15       them hostile to the actual nature of the bill.

        16       I know the bill has been amended before; this

        17       was done at the request of members of the

        18       Environmental Committee, myself included.  In

        19       discussion, we came up with afterwards more

        20       issues were raised that were not addressed by

        21       those initial amendments.  We think the bill

        22       becomes fairer when you do it this way and

        23       more acceptable to us for that.

        24                  So I would request that these

        25       amendments be taken, put into place and make



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         1       the bill -- amend the bill, and pass it on to

         2       the other house and let them adopt the bill.

         3       I certainly would recommend a yes vote on the

         4       amended version or the amendments to this

         5       bill.

         6                  Thank you, Mr. President.

         7                  ACTING PRESIDENT BRESLIN:    Thank

         8       you, Senator Marcellino.

         9                  Are there any other Senators

        10       wishing to be heard on the amendment?

        11                  Hearing none, the question is on

        12       the nonsponsor motion to amend Calendar Number

        13       330.  Those Senators voting in support of the

        14       nonsponsor amendment please raise your hands.

        15                  Announce the results.

        16                  THE SECRETARY:    Ayes, 29.  Nays,

        17       32.  Senator Golden recorded in the

        18       affirmative earlier today.

        19                  ACTING PRESIDENT BRESLIN:    The

        20       motion fails.

        21                  We're now back to the bill in

        22       chief.

        23                  Senator Foley, there's been an

        24       explanation requested by Senator Young.

        25                  SENATOR FOLEY:    Thank you,



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         1       Mr. President.

         2                  The hour is getting late, but

         3       certainly this resolution is something that is

         4       very timely and, as we said at the beginning

         5       of our proceedings today, the connection or

         6       the nexus between public health and good

         7       stewardship of our environment.  And this bill

         8       exemplifies those two basic principles.

         9                  In short, this act would amend the

        10       Environmental Conservation Law, the Education

        11       Law, and the Social Services Law in relation

        12       to the use and guidance of pesticide

        13       alternatives.  This bill, most importantly,

        14       will minimize the harmful effects of

        15       pesticides on children by limiting the use of

        16       aesthetic pesticides in sensitive outdoor

        17       areas such as in schools and daycare.

        18                  The bill provides that no school,

        19       nor will any daycare apply of these particular

        20       pesticides to any playgrounds, turf, athletic

        21       or playing fields, with the exception of

        22       emergency application.  And by emergency

        23       application we mean, in effect, if there was

        24       some -- either some kind of pest that was

        25       affecting that particular turf and they had to



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         1       apply a particular kind of substance.  Then

         2       there is an emergency procedure that can be

         3       followed.

         4                  And that emergency procedure is

         5       outlined in the law, whether it be a public

         6       school board or, in the case of a daycare and

         7       other institutions, it would be a local county

         8       health department or local commissioner of

         9       health or his or her designee.

        10                  What's most important here,

        11       Mr. Chairman, is that this particular

        12       resolution will do something that is very

        13       important when we want to try and protect

        14       children, and that is the principle of prudent

        15       avoidance.  So I'll get into that more in

        16       detail, but that is let's say the overview,

        17       Senator Little, of the bill.

        18                  It would also require, once it's

        19       approved, for the commissioner of the

        20       Department of Environmental Conservation, in

        21       consultation with the Departments of Ed and

        22       Health, to develop guidelines on pesticide

        23       alternatives.  That would be in the first six

        24       months.  And then from that six-month period

        25       to the end of the year, those particular



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         1       pesticide alternative guidelines would then be

         2       sent to the relevant schools and other daycare

         3       centers.

         4                  And at the end of the first year,

         5       after the bill is signed into law, for that

         6       particular year those pesticides could be used

         7       for the year, but at the end of that year

         8       those pesticides would then be prohibited from

         9       future use.

        10                  So that is the -- it's Senator

        11       Young who asked after that?  My apologies,

        12       Senator Young.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Young.

        15                  SENATOR YOUNG:    Thank you,

        16       Senator Foley.  So you realized I'm Senator

        17       Young, then, right?  Because I was going to

        18       say I guess to Democrats all Republican women

        19       must look alike.

        20                  (Laughter.)

        21                  SENATOR YOUNG:    Thank you for

        22       that explanation.  And I had a few questions

        23       that I'd like to pose to you, Senator Foley,

        24       if that's okay, Mr. President.

        25                  ACTING PRESIDENT BRESLIN:



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         1       Senator Foley, will you yield to questions

         2       from Senator Young?

         3                  SENATOR FOLEY:    From Senator

         4       Young, yes.

         5                  SENATOR YOUNG:    Thank you very

         6       much.

         7                  Senator Foley, what can you tell me

         8       what the definition of integrated pest

         9       management is?

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Foley.

        12                  SENATOR FOLEY:    Yes.

        13       Mr. Chairman, over a period of time we've seen

        14       this courtroom strategy of trying to answer

        15       particular questions on particular areas of

        16       law.

        17                  And what I would say in this

        18       particular case is that IPM is not an area

        19       that is addressed in this bill.  This is not

        20       about integrated pest management, this is

        21       about the avoidance of using pesticides as it

        22       relates to ballfields where children are

        23       playing.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Young.



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         1                  SENATOR YOUNG:    Mr. President, if

         2       I could, Senator Foley.

         3                  SENATOR FOLEY:    Yes.

         4                  ACTING PRESIDENT BRESLIN:    Do you

         5       continue to yield, Senator Foley?

         6                  SENATOR FOLEY:    Yes,

         7       Mr. President.

         8                  SENATOR YOUNG:    This isn't a

         9       courtroom questioning, because integrated pest

        10       management is already being aggressively used

        11       by all of our school districts in New York

        12       State.

        13                  So the reason that I asked you that

        14       question is that it's a way that schools use

        15       already to mitigate the use of pesticides and

        16       chemicals on school grounds, but it's a

        17       comprehensive approach.  So you try to use

        18       natural methods first, and if those don't

        19       work, then you have to go to using some sort

        20       of pesticide if you have a serious problem

        21       that needs to be addressed.

        22                  So the reason I asked you that is

        23       that it has a direct bearing on this

        24       particular piece of legislation.

        25                  ACTING PRESIDENT BRESLIN:



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         1       Senator Foley.

         2                  SENATOR FOLEY:    Thank you.

         3                  Certainly, yes, integrated pest

         4       management is an accepted practice.  It's

         5       something that I know from my time of working

         6       with the Cornell Cooperative Extension

         7       sentence.  Throughout the State of New York,

         8       they've been very much involved in integrated

         9       pest management.

        10                  However, I as one sponsor of the

        11       bill, as well as a number of organizations

        12       which I'll list later in the debate, believe

        13       that we need to go beyond integrated pest

        14       management and that in fact in this particular

        15       area we'll be able to have good turf, if you

        16       will, conditions for our children.  And at the

        17       same time, instead of integrating pesticides

        18       into that management, we can avoid the use of

        19       pesticides almost, I'd say, totally in the

        20       care and maintenance of that turf.

        21                  So in other words, we want to go

        22       beyond IPM, we don't see the need for it if in

        23       fact, by adopting this bill -- and if in the

        24       remote condition that there's a need for some

        25       specialized application of pesticides, there



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         1       is that emergency mechanism within the bill to

         2       still provide for that.

         3                  But with integrated pest

         4       management, Mr. President, it still has an

         5       accepted practice the regular use of

         6       pesticides even though they do try to minimize

         7       it.  This bill goes beyond IPM to say it

         8       should be even used less often than it is used

         9       under IPM conditions.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Young.

        12                  SENATOR YOUNG:    Thank you,

        13       Mr. President.  If Senator Foley would

        14       continue to yield.

        15                  ACTING PRESIDENT BRESLIN:    Do you

        16       continue to yield, Senator Foley?

        17                  SENATOR FOLEY:    Yes,

        18       Mr. President.

        19                  ACTING PRESIDENT BRESLIN:    You

        20       may proceed, Senator.

        21                  SENATOR YOUNG:    Thank you very

        22       much.

        23                  You know, just three weeks ago,

        24       approximately, the Senate Democrats in this

        25       house voted to slash school aid by



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         1       $1.4 billion.  And you talk about the need for

         2       not having to use pesticides.  But when you

         3       break this down and look at the explosion of

         4       athletic sports fields, athletic sports, a lot

         5       of schools are putting up fields anywhere that

         6       they could.  And as a result, they may not

         7       have proper irrigation, they have all kinds of

         8       needs that are very expensive to deal with.

         9                  And if you talk about, for example,

        10       if you have an athletic field that is attacked

        11       by some kind of fungus, it's going to cost

        12       $75,000 or more to replace that field.  Or if

        13       you use all these other methods that you're

        14       talking about, regular iteration, that costs

        15       tens of thousands of dollars to do that on a

        16       regular basis.

        17                  So on one hand, how can you vote to

        18       slash school aid and take away resources from

        19       our schools and then want to put through a

        20       piece of legislation that significantly

        21       increases costs to schools?  This bill is a

        22       mandate on school districts.  And so how can

        23       you justify that particular fact?

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Foley.



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         1                  SENATOR FOLEY:    Thank you,

         2       Mr. President.  Obviously, I disagree with

         3       both contentions.

         4                  Number one, when we speak about the

         5       whole issue of aid to education, in fact I as

         6       one Senator had stated on the floor that

         7       particular night that we would work day and

         8       night to try and restore as much of the cuts

         9       that were proposed by the Governor.  That's

        10       clear for the record.

        11                  Number two, I would have to

        12       directly and also respectfully disagree with

        13       the cost estimates that you have cited in the

        14       case of different kinds of conditions that

        15       would have to be addressed if in fact those

        16       things happen to turf.

        17                  I would also say -- through you,

        18       Mr. President -- you used the example of a

        19       fungicide.  This bill does not address the

        20       issues of fungicides for turf.  This is

        21       specifically a pesticide bill.  So the

        22       condition that you're speaking about, the

        23       school districts can simply go forward with

        24       how they work in that particular area of

        25       fungicides and the like if they needed to



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         1       apply that.

         2                  This resolution is very narrowly

         3       focused.  We heard from a whole host of folks

         4       who offered constructive criticism, so we

         5       narrowly focused the bill to schools and

         6       daycare and also to the use of pesticides.  So

         7       I want to make it clear for the record, very

         8       clearly, it's not issues of either herbicides

         9       or fungicides, only of pesticides.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Young.

        12                  SENATOR YOUNG:    Thank you.  Will

        13       Senator Foley continue to yield?

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Foley, will you continue to yield to

        16       Senator Young?

        17                  SENATOR FOLEY:    Yes,

        18       Mr. President.

        19                  ACTING PRESIDENT BRESLIN:    You

        20       may proceed, Senator Young.

        21                  SENATOR YOUNG:    Thank you very

        22       much for that answer, but I have a whole sheet

        23       of additional costs right here as to what it

        24       would actually do to the school districts if

        25       you went ahead with this bill.  So I have to



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         1       disagree with what you just said.

         2                  You know, when you pass legislation

         3       it's always critical, in my viewpoint, to have

         4       facts and to have evidence supporting your

         5       claim.  So you're talking about that this is

         6       going to protect children and children are

         7       being harmed across the state because of the

         8       use of pesticides to deal with significant

         9       problems that may emerge at schools in the use

        10       of pesticides.

        11                  What actual cases can you cite

        12       today that support your contention?

        13                  SENATOR FOLEY:    Well, there's a

        14       body of scientific evidence to this effect.

        15       And certainly if I was in the opposition

        16       before today, I would have done my homework

        17       myself and looked up those particular cases.

        18                  What I would say is the following.

        19       Whether it's the National Academy of

        20       Sciences -- as a matter of fact, some years

        21       ago when I was in the county legislature and

        22       Senator Marcellino was carrying the

        23       neighborhood notification bill, they cited the

        24       National Academy of Science reports that dealt

        25       with neurotoxicity and pesticides and how



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         1       there is in fact some connection between the

         2       two, particularly with youngsters.  And that

         3       was one of the reasons why there was

         4       widespread support for Senator Marcellino's

         5       neighborhood notification law that went into

         6       effect in the state and also in our county.

         7                  So you certainly just have to look

         8       through scientific journals and particularly

         9       the National Academy of Science.  I'm not

        10       going to give you chapter and verse tonight,

        11       but certainly there is that body of evidence.

        12                  But I would also say there's also

        13       another principle that's at play here.  And I

        14       can think for an example, Senator Young, that

        15       when we speak, for instance, with the

        16       Huntington Breast Cancer Action Coalition and

        17       the neighborhood network, as well as the

        18       Rochester Breast Cancer Coalition, one of the

        19       bedrock principles, again, of these

        20       organizations is that prevention is the cure.

        21       And the way that you prevent is by avoiding.

        22                  So if we have prudent avoidance,

        23       that's the way to prevent any kind of, let's

        24       say, any kind of interaction with these

        25       chemicals and pesticides, which in turn can in



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         1       fact cause not just problems with cancer, but

         2       they have proven before to cause respiratory

         3       illnesses.  That is unimpeachable.

         4                  So again, if we believe that

         5       prevention is the cure and the way that one

         6       prevents is by avoidance, this particular

         7       approach will enable these children to avoid a

         8       situation that could cause some real harm to

         9       their health.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Young.

        12                  SENATOR YOUNG:    Through you,

        13       Mr. President.

        14                  ACTING PRESIDENT BRESLIN:    Do you

        15       continue to yield, Senator Foley?

        16                  SENATOR FOLEY:    Yes,

        17       Mr. President.

        18                  ACTING PRESIDENT BRESLIN:    You

        19       may proceed, Senator.

        20                  SENATOR YOUNG:    So basically what

        21       you just said, Senator Foley, is that you

        22       cannot cite one particular incidence in this

        23       entire state, you can't cite one case that

        24       proves that this is harmful.  You can't give

        25       me any example from any particular school



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         1       district or daycare in this state where a

         2       child was actually harmed.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Foley.

         5                  SENATOR FOLEY:    Yes, thank you.

         6                  Do I have in front of me a list,

         7       the chapter and verse of a list of children

         8       who have been impacted?  No, not in front of

         9       me.

        10                  However, when you have -- again,

        11       when you have an array of different

        12       organizations that support this particular

        13       proposal, it speaks to the importance and the

        14       strength of the argument that if you want to

        15       have a principle of prudent avoidance and it's

        16       proven that these particular pesticides can

        17       cause problems -- now, can I give you chapter

        18       and verse of which school districts?  No.  I'd

        19       be happy to follow up with that.

        20                  And I think also, if I may say

        21       through the chair, that in fact if any Senator

        22       wanted this information, this resolution has

        23       been around for quite a number of months.  I

        24       would have been more than happy to furnish

        25       that information before being asked just five



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         1       minutes ago.

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Young.

         4                  SENATOR YOUNG:    Through you,

         5       Mr. President.

         6                  ACTING PRESIDENT BRESLIN:    Will

         7       you continue to yield, Senator Foley?

         8                  SENATOR FOLEY:    Yes,

         9       Mr. President.

        10                  SENATOR YOUNG:    So, Senator

        11       Foley, you're saying that you don't have a

        12       list with you today.  Have you ever seen a

        13       list?

        14                  ACTING PRESIDENT BRESLIN:

        15       Senator Foley.

        16                  SENATOR FOLEY:    Thank you.  As I

        17       mentioned earlier, I'd be more than happy to

        18       put together the scientific information that

        19       you need to help in your decision-making.  Do

        20       I have a list of particular students?  No.  We

        21       don't have that list, no.

        22                  SENATOR YOUNG:    Okay, so the

        23       answer is no.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Young.



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         1                  SENATOR YOUNG:    Mr. President,

         2       through you.  Senator Foley --

         3                  ACTING PRESIDENT BRESLIN:    Do you

         4       continue to yield?

         5                  SENATOR FOLEY:    Yes,

         6       Mr. President.

         7                  SENATOR YOUNG:    Senator Foley,

         8       it's my understanding that deer ticks and Lyme

         9       disease are a tremendous problem on Long

        10       Island.  Is that true?

        11                  SENATOR FOLEY:    It's true in may

        12       parts of the state.  But it's true in our

        13       region, yes, it is.

        14                  SENATOR YOUNG:    Right.  It's my

        15       understanding that it's Long Island, Hudson

        16       Valley especially.  Of course it's an issue

        17       across all of New York State.  But when you

        18       have a serious issue with deer ticks and Lyme

        19       disease, why would you disallow school

        20       districts from being able to treat for deer

        21       tick infestation if they have it?  Aren't you

        22       putting children at risk that way?

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Foley.

        25                  SENATOR FOLEY:    Senator Young, do



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         1       you care to rephrase your question?

         2                  SENATOR YOUNG:    Why should I

         3       rephrase my question?  I'm asking you a

         4       question.

         5                  SENATOR FOLEY:    Because it

         6       doesn't prohibit that use.  Through the

         7       President.  Thank you.

         8                  This is what happens,

         9       Mr. President, when one goes on for hours and

        10       it's getting late into the evening and they

        11       try to find any reason to hang their hat to

        12       oppose a bill.

        13                  I'll speak for a moment as a former

        14       chairman of the Health Committee in Suffolk

        15       County that had, in fact, a number of public

        16       hearings on the whole issue of deer tick

        17       population.  And as Senator LaValle may

        18       recall, there's a certain Dr. Duttweiler from

        19       Stony Brook University, one of the foremost

        20       experts in the world on deer tick population.

        21                  I can say unequivocally to you,

        22       Senator Young, I would never put forward any

        23       kind of legislation that would put in harm's

        24       way any child or any adult as it relates to

        25       deer ticks.



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         1                  Let me go on further.  I would say

         2       to you and to any who, again, are looking for

         3       a reason to vote no, I have not heard of one

         4       example where one football field, where one

         5       soccer field, where one baseball field ever

         6       had a deer tick problem.

         7                  Now, that may happen.  But there

         8       are mechanisms through this resolution, if and

         9       when approved, that would enable those school

        10       districts to apply that particular substance,

        11       whatever it might be, to attack that

        12       particular problem.  But I can tell you,

        13       standing here tonight and having been involved

        14       in scholastic athletics for many decades, I

        15       have not heard of one example of that.  But if

        16       it would happen, in the most remote of

        17       possibilities, there are mechanisms within

        18       this bill that would address that problem,

        19       however remote that it is.

        20                  ACTING PRESIDENT BRESLIN:

        21       Senator Young.

        22                  SENATOR YOUNG:    Thank you,

        23       Mr. President.  Through you.  Senator Foley --

        24                  ACTING PRESIDENT BRESLIN:    Would

        25       you continue to yield, Senator Foley?



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         1                  SENATOR FOLEY:    Certainly.

         2                  SENATOR YOUNG:    Senator Foley,

         3       it's interesting you bring that up, because

         4       you touched on it just briefly in your

         5       explanation, but you talked about there are

         6       provisions in the bill that allow for

         7       emergency application.  But could you explain

         8       exactly how that would work, what kind of

         9       hoops you would have to jump through to get

        10       that kind of allowance?

        11                  SENATOR FOLEY:    Sure.

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Foley.

        14                  SENATOR FOLEY:    The simple answer

        15       is that it's contained in the resolution

        16       itself.  But since that's not enough of an

        17       answer, even though it's contained in the body

        18       of the resolution, I would then go on to the

        19       question at hand.

        20                  If in fact the school board had a

        21       problem where there was a need to apply a

        22       pesticide, the school board itself can make

        23       that decision and then they can move forward

        24       to apply that particular -- make that

        25       particular application.



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         1                  For a daycare or others, they could

         2       then appeal to the local county health

         3       department.  If there is no local county

         4       health department, it can go through a

         5       designee of the county legislature, as one

         6       example.

         7                  But the important part is that if

         8       and when the bill is approved, the Departments

         9       of Environmental Conservation and Education

        10       would promulgate the rules and regulations,

        11       and this would lead to the administration of

        12       this law.  Those two departments would

        13       promulgate the rules and regulations that

        14       would put in place the process that would be

        15       followed in order to make those particular

        16       applications if it's not a school board.

        17                  And I am going to ensure or let's

        18       say request of the departments, of those two

        19       departments when they promulgate these rules

        20       that it will be as small of a window of time

        21       of response as possible.  And I'm highly

        22       confident that they could put together a very

        23       short window that they would be able to give a

        24       response to that organization that needs to

        25       use that pesticide, in the remote case that it



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         1       might need it.

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Young.

         4                  SENATOR YOUNG:    Mr. President,

         5       will Senator Foley continue to yield.

         6                  ACTING PRESIDENT BRESLIN:    Do you

         7       continue to yield, Senator Foley?

         8                  SENATOR FOLEY:    Yes,

         9       Mr. President.

        10                  ACTING PRESIDENT BRESLIN:    You

        11       may proceed, Senator Young.

        12                  SENATOR YOUNG:    Thank you.

        13                  Well, Senator Foley, it sounds from

        14       what you just said that there's an awful lot

        15       of red tape that would go along with this bill

        16       and that it could get jammed up in the

        17       process.

        18                  But I wanted to ask you some

        19       additional questions.  Can you describe what

        20       anaphylactic shock is?

        21                  SENATOR FOLEY:    How does it

        22       relate to the resolution?

        23                  SENATOR YOUNG:    Oh, it absolutely

        24       relates to it, and I'll tell you why.  Under

        25       your bill, you would not allow for the



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         1       treatment of clover on athletic fields.

         2       Clover is a food source for bees and other

         3       flying insects that sting.  And if you

         4       eliminate the food source, you eliminate the

         5       bees.

         6                  But I asked you about anaphylactic

         7       shock because that's a very serious health

         8       issue.  Again, that could occur if this bill

         9       goes through.  So I just wanted to ask you if

        10       you knew what it was.

        11                  ACTING PRESIDENT BRESLIN:

        12       Senator Foley.

        13                  SENATOR FOLEY:    Thank you,

        14       Mr. President.

        15                  The reason I asked why it's

        16       relevant to the legislation is the fact that

        17       this was brought up in committee.  And I had

        18       mentioned to Senator Young at that time that

        19       clover is also an excellent source of

        20       nitrogen, and there would be less of a need to

        21       in fact put down some fertilizers that you

        22       otherwise would have to if you didn't have

        23       clover as part of the mix for those particular

        24       fields.

        25                  Again, these are very, very remote,



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         1       very extreme examples, Senator Young.  I very

         2       much doubt that those problems would arise.

         3       And if they do, there already are protocols

         4       within schools if and when a child comes --

         5       I'll say comes down or has an anaphylactic

         6       reaction, whether in the school or in the

         7       fields.  So those particular, let's say,

         8       protocols are already in place in every school

         9       district if that would happen either in the

        10       school building or on school grounds.  So

        11       those same protocols would still hold true if

        12       and when this legislation would be approved.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Young.

        15                  SENATOR YOUNG:    Thank you,

        16       Mr. President.  Would Senator Foley continue

        17       to yield?

        18                  ACTING PRESIDENT BRESLIN:    Will

        19       you continue to yield, Senator Foley?

        20                  SENATOR FOLEY:    Yes,

        21       Mr. President.

        22                  SENATOR YOUNG:    I just want to

        23       remark first that those protocols are after

        24       the fact.  And clover is a very common problem

        25       that we see in our athletic fields.  And even



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         1       if you aerate the soil, you can avoid all that

         2       and all that additional cost if you treat a

         3       field for clover, and it can last up to five

         4       years.  But right now, if this bill goes

         5       through, you're going to tie the school

         6       district's hands to be able to deal with that

         7       situation.

         8                  But I wanted to ask you about

         9       athletic injuries.  And there's a real problem

        10       when grubs attack the root systems of athletic

        11       fields, because the ground becomes unstable,

        12       you see a dramatic increase in ankles being

        13       broken, legs being broken, arms, collarbones,

        14       head injuries.

        15                  And I guess, again, I'd like to ask

        16       if you can't treat for grubs under this bill,

        17       and you're going to see an increase in

        18       children's injuries if they're playing sports,

        19       how can you justify this?

        20                  ACTING PRESIDENT BRESLIN:

        21       Senator Foley.

        22                  SENATOR FOLEY:    Again,

        23       Mr. President, I dispute the exaggerated

        24       claims about what would happen if in fact

        25       there's a grub infestation on the fields.



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         1                  And again, the bill allows for

         2       emergency applications of a pesticide if in

         3       fact the need arises.  And again, if it's on

         4       school grounds in public schools, there are

         5       other mechanisms contained in the law in a

         6       very clear and simple way that school boards

         7       could in fact move forward with making that

         8       quick determination.

         9                  So again, there's no -- there is --

        10       we would hope that there will be far less need

        11       to use these particular pesticides, or no need

        12       to use it, but particularly to take

        13       alternative turf guidelines that can help to

        14       strengthen that turf and in so doing make it

        15       far less likely that there will be anything

        16       that would occur that will put stress on the

        17       turf.

        18                  But in the remote -- again, the

        19       remote possibility of these things happening,

        20       there arse mechanisms in the bill that will

        21       allow those applications to occur.

        22                  ACTING PRESIDENT BRESLIN:

        23       Senator Young.

        24                  SENATOR YOUNG:    Will Senator

        25       Foley continue to yield?



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         1                  SENATOR FOLEY:    Yes,

         2       Mr. President.

         3                  ACTING PRESIDENT BRESLIN:

         4       Senator Foley continues to yield.

         5                  SENATOR YOUNG:    I'd just like to

         6       follow up on that point about grubs.  Because

         7       what, Senator Foley, you're talking about is

         8       waiting until this problem gets out of control

         9       and then trying to deal with it.

        10                  Basically, what happens with grubs

        11       is if you treat the field two years in a row

        12       in early July when school is out of session,

        13       then you totally avoid the problem.  And what

        14       you're saying now is that wait until there's a

        15       huge problem, kids are getting hurt, and then

        16       maybe we'll treat it through some kind of an

        17       emergency application.  I don't see how that

        18       makes sense.

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Foley.

        21                  SENATOR FOLEY:    Again, that's not

        22       the scenario that I would foresee.  If in fact

        23       the grounds supervisor sees that there's an

        24       initial problem or, let's say, the initial

        25       phase of that particular grub problem --



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         1       because it all doesn't happen at once -- he

         2       can then immediately -- he or she can then

         3       immediately appeal to the school district

         4       officials to trigger the process that would

         5       quickly respond to the problem.

         6                  SENATOR YOUNG:    Mr. President.

         7                  ACTING PRESIDENT BRESLIN:    Would

         8       you continue to yield to Senator Young?

         9                  SENATOR FOLEY:    Yes,

        10       Mr. President.

        11                  SENATOR YOUNG:    Senator Foley,

        12       have you ever had poison ivy?

        13                  SENATOR FOLEY:    Again, I don't

        14       see the relevancy of the question.  But I

        15       think, given the tenor of the day, where such

        16       kinds of questions have been asked on other

        17       bills, the answer is no.

        18                  SENATOR YOUNG:    Okay.  So --

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Young.

        21                  SENATOR YOUNG:    Through you.

        22                  ACTING PRESIDENT BRESLIN:    Do you

        23       continue to yield, Senator Foley?

        24                  SENATOR FOLEY:    On non-poison ivy

        25       questions, sure.



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         1                  SENATOR YOUNG:    The reason,

         2       Senator Foley, that I'm asking about poison

         3       ivy is again, under your legislation, school

         4       districts and daycares would not just be able

         5       to go out and treat poison ivy if they see it

         6       growing on a tree or a fence near a

         7       playground, for example, or on school grounds.

         8                  I can't think of any parent who I

         9       know who would want their child to come home

        10       with a bad case of poison oak or poison ivy.

        11       Now, a lot of times people will say that,

        12       well, we train the kids, it has three leaves,

        13       so they'll identify it.  Do you know what

        14       poison ivy looks like in March?

        15                  ACTING PRESIDENT BRESLIN:

        16       Senator Foley.

        17                  SENATOR FOLEY:    Well, let me

        18       answer the question this way.  Again, similar

        19       to the earlier question about fungicides,

        20       Mr. President, this bill focuses on

        21       pesticides.  In order to combat poison ivy,

        22       that would then be a select application of an

        23       herbicide.  So again, we're not talking about

        24       herbicides or fungicides here, we're talking

        25       about pesticides.



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         1                  A pesticide has no role with poison

         2       ivy.  So again, just as the protocol has been

         3       all these years when it comes to trying to

         4       eradicate poison ivy on school grounds or

         5       other grounds, the same protocols can be used

         6       even when this legislation is approved.

         7                  SENATOR YOUNG:    Thank you.

         8       Mr. President, one more question.

         9                  ACTING PRESIDENT BRESLIN:    One

        10       more question, Senator Foley.  Will you yield

        11       to Senator Young?

        12                  SENATOR FOLEY:    I'll be happy to

        13       yield to Senator Young.

        14                  SENATOR YOUNG:    I just want to go

        15       back to the emergency procedures one more

        16       time.  Because you talked about how you were

        17       going to mitigate the amount of time that it

        18       took to get emergency appeals through.

        19                  SENATOR FOLEY:    Yes.

        20                  SENATOR YOUNG:    But exactly how

        21       long would the emergency procedures take to

        22       effectuate a treatment from identification of

        23       a problem to the application of the accepted

        24       pesticides?

        25                  SENATOR FOLEY:    That's an



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         1       excellent question, a fair question.  Probably

         2       the best question that's been asked so far

         3       tonight.

         4                  That's why I said earlier the same

         5       principles apply whether at the county level,

         6       city level, state level.  We as legislators

         7       will propose and approve laws.  Then we then

         8       turn to the administrative branch of

         9       government, and then they will promulgate the

        10       rules and regulations that will effectuate the

        11       law.

        12                  And as I said earlier, it's my

        13       expectation and the way that this Senator

        14       works, if and when a bill of his is approved,

        15       is to follow through and speak with the

        16       relevant departments to make sure that they

        17       promulgate rules and regulations that reflect

        18       both the intent and the spirit of the bill

        19       that this Senator proposes.

        20                  So I would say most directly to

        21       Senator Young that through the process of

        22       promulgation of the rules and regs, it will in

        23       fact be a period of time that will enable the

        24       school or the other institution to address it

        25       that timely, effective manner.



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         1                  ACTING PRESIDENT BRESLIN:

         2       Senator Young.

         3                  SENATOR YOUNG:    On the bill.

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator Young, on the bill.

         6                  SENATOR YOUNG:    Thank you,

         7       Mr. President.

         8                  You know, this particular piece of

         9       legislation is totally unnecessary.  Because

        10       our school districts already are very

        11       responsible in dealing with this issue.  And

        12       basically what this would do is drive up

        13       costs.  It's another unfunded mandate from

        14       New York State that would burdened on our

        15       school districts at a time when they are

        16       suffering mightily.  They are facing

        17       tremendous budget cuts right now.  And to put

        18       this on their backs is totally wrong.

        19                  And, you know, we talk a lot in

        20       this chamber about unintended consequences.

        21       The unintended consequences of this bill are

        22       that children could be hurt, not helped.

        23                  We talked about the fact that Lyme

        24       disease is a tremendous problem across the

        25       state, particularly in Long Island and the



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         1       Hudson Valley.  And I was talking to a

         2       pesticide applicator who deals with a lot of

         3       school districts recently, and he told me a

         4       story.  He said that he went to a woman's

         5       house in the Hudson Valley and she had him

         6       applying pesticides to deal with deer ticks,

         7       but she wanted it all over her property, way

         8       beyond what he would normally recommend.

         9                  And he said to her, "Don't you

        10       think you're going a little bit overboard on

        11       this?"  And she said, "Come in my house, I

        12       want to show you something."

        13                  So he went in her house, and on her

        14       couch was a little two-year-old girl on a

        15       respirator.  And she said, "When I was

        16       pregnant, I took care of myself, I ate well, I

        17       walked every day on my property.  And I didn't

        18       know it, but I contracted Lyme disease while I

        19       was pregnant.  And as a result, my baby will

        20       never be able to breathe on her own."

        21                  Those are the effects of Lyme

        22       disease on people's lives.  And I think you

        23       have to take that into account.

        24                  Anaphylactic shock is another very

        25       serious problem.  And as I said, it's very



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         1       difficult to treat for clover once it takes

         2       hold.  And you have to have the ability to get

         3       it off the athletic fields.

         4                  I have personal experience with

         5       this, because when my son Patrick was a little

         6       boy, we were on school grounds, he went

         7       running up to a chain link fence, and being a

         8       little boy, he shook it.  And what he did not

         9       know is that there was a yellow-jacket nest

        10       next to the fence.  Yellow jackets, as we all

        11       know in this chamber, are extremely

        12       aggressive.  Some flew out, and they started

        13       to sting him.  The next thing I knew, his face

        14       was swelling up, he was turning blue.  I had

        15       to rush him to the emergency room.

        16                  Fifty people in this country die

        17       every year from anaphylactic shock.  Millions

        18       of people are allergic to bee stings.  Why

        19       wouldn't we give the school districts the

        20       ability to fend off a serious problem before

        21       the fact and not wait for some tragedy to

        22       happen?

        23                  You know, it's time that we applied

        24       a little common sense in this chamber.  And on

        25       the surface, this bill sounds like a good



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         1       idea.  But I believe very strongly it's the

         2       wrong thing to do, it's the wrong action to

         3       take.  I would urge everyone to vote no on

         4       this legislation for all the things that we

         5       talked about.

         6                  But to create more bureaucracy,

         7       more red tape, tie the districts' hands and

         8       create another financial burden on them and

         9       jeopardize our children's health and safety is

        10       the wrong way to go.

        11                  Thank you.

        12                  ACTING PRESIDENT BRESLIN:    Thank

        13       you, Senator Young.

        14                  Senator Libous, on the bill.

        15                  SENATOR LIBOUS:    Thank you,

        16       Mr. President.  On the bill.

        17                  You know, when I heard the exchange

        18       between Senator Young and Senator Foley, I was

        19       a little disappointed, Senator Foley.  I felt

        20       that maybe you didn't take Senator Young's

        21       questions serious, because there were some

        22       flippant answers that were given back.

        23                  And I just want to back up some of

        24       the things that she said.  And I think the

        25       best way to do it is to read a letter that I



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         1       received today.

         2                  It says:  "Good morning.  I am

         3       writing from the Union-Endicott Central School

         4       District to ask that you please consider our

         5       concerns regarding the fact that the Senate

         6       and Assembly are planning on passing

         7       legislation this week for Earth Day that would

         8       prohibit the use of certain pesticides on

         9       school properties.

        10                  "While well-meaning, the bill is

        11       harmful.  In the midst of weathering the

        12       financial crisis, the state would force

        13       schools to buy new products as well as hire

        14       and pay to train new staff.  It would also

        15       impose a senseless, uniform approach to

        16       problems that are unique in each school

        17       district.

        18                  "The legislation purports to

        19       advance the safety of children but ignores the

        20       threat of Lyme disease and other pest-borne

        21       diseases and, just as importantly, the history

        22       of the school district's judicious use of

        23       these products.

        24                  "Please know that we are not

        25       endangering the health of our students, as



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         1       claimed by the sponsor.  Please realize that

         2       this bill will add another unfunded mandate to

         3       an already long list of unnecessary, unpaid

         4       requirements placed upon us and our taxpayers

         5       with no evidence of necessity.

         6                  "Thank you for any help you can

         7       give us on this matter.

         8                  "Suzanne E. McLeod, Superintendent

         9       of the Union-Endicott School District."

        10                  So, Mr. President, Senator Young's

        11       questions are serious questions.  They are

        12       questions that not only she has on behalf of

        13       our constituents, I have on behalf of mine.

        14       And one who is a superintendent responsible --

        15       Union-Endicott happens to be one of the

        16       biggest school districts in my area.  And this

        17       superintendent is responsible for her children

        18       and is concerned about this legislation.

        19                  So I think that anytime anything is

        20       discussed in this chamber, while from time to

        21       time we may disagree and have different

        22       feelings and sometimes, you know, we get a

        23       chuckle out of a bill, as we did earlier with

        24       Senator Squadron -- and certainly that was

        25       important to him, and it passed -- I would



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         1       hope that all of our colleagues take very

         2       serious that those of us, in this case in

         3       upstate districts who are concerned about the

         4       children of their school district and

         5       certainly concerned about additional mandates

         6       and concerned about what is going to be placed

         7       on school districts in a fiscal crisis -- and

         8       again, Mr. President, I will say it, at a time

         9       when we don't have a budget done -- I think

        10       these are very serious concerns.

        11                  And as Senator Young pointed out, I

        12       too share the concerns, the questions that she

        13       asked, as do superintendents in my district.

        14                  Thank you, Mr. President.

        15                  ACTING PRESIDENT BRESLIN:    Thank

        16       you, Senator Libous.

        17                  Senator Marcellino, on the bill.

        18                  SENATOR MARCELLINO:    Thank you,

        19       Mr. President.  Will Senator Foley please

        20       yield to a question?

        21                  SENATOR FOLEY:    Sure.

        22                  ACTING PRESIDENT BRESLIN:

        23       Senator Foley, will you yield to Senator

        24       Marcellino?

        25                  SENATOR FOLEY:    Yes,



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         1       Mr. President.

         2                  SENATOR MARCELLINO:    Senator

         3       Foley, you mentioned before in your

         4       cross-conversation with Senator Young that

         5       pesticides, as you define them, do not include

         6       fungicides, herbicides and others?  I don't

         7       know the full length of it, but you did

         8       mention fungicides and herbicides?

         9                  SENATOR FOLEY:    The bill is

        10       focused on pesticides, correct.

        11                  SENATOR MARCELLINO:    Are you

        12       familiar with the definition of "pesticides"

        13       in the ECL?  I'm sorry, through you,

        14       Mr. President.

        15                  ACTING PRESIDENT BRESLIN:    Yes.

        16       Senator Foley, do you yield to another

        17       question?

        18                  SENATOR FOLEY:    Yes.

        19                  ACTING PRESIDENT BRESLIN:    You

        20       may proceed, Senator Marcellino.

        21                  SENATOR MARCELLINO:    The

        22       definition of "pesticides" in the ECL includes

        23       insecticides, rodenticides, and fungicides.

        24                  Factually -- your statement, sir,

        25       is factually incorrect.  Go right ahead.



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         1                  ACTING PRESIDENT BRESLIN:

         2       Senator Foley.

         3                  SENATOR FOLEY:    Thank you,

         4       Mr. President, for the opportunity to respond.

         5       And I'll certainly take that correction to

         6       heart.

         7                  SENATOR MARCELLINO:    It's --

         8                  SENATOR FOLEY:    Let me finish the

         9       point.

        10                  But it also speaks to the point I

        11       raised earlier, which is the fact that there

        12       are mechanisms within the bill, if it becomes

        13       law, that would enable the schools to move

        14       forward with applications of those particular

        15       chemicals if in fact it's required under an

        16       emergency situation.

        17                  So while there is an initial

        18       prohibition of the use, if in fact there is an

        19       emergency situation, they could still then be

        20       used within the rules and regulations that

        21       will be promulgated by the relevant

        22       departments.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Marcellino.

        25                  SENATOR MARCELLINO:    Now that



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         1       we've cleared up with the definition of

         2       "pesticides" is --

         3                  ACTING PRESIDENT BRESLIN:    Would

         4       you like to ask an additional question?

         5                  SENATOR MARCELLINO:    If I could

         6       just preamble it, I'll then get to that, sir.

         7       With all due respect.

         8                  ACTING PRESIDENT BRESLIN:

         9       Pardon?

        10                  SENATOR MARCELLINO:    I just want

        11       to preamble it, and then I'll ask him a

        12       question.  Is that okay?

        13                  ACTING PRESIDENT BRESLIN:    Sure.

        14                  SENATOR MARCELLINO:    Thank you

        15       very much.

        16                  ACTING PRESIDENT BRESLIN:    Would

        17       you yield to a question, Senator Foley?

        18                  SENATOR FOLEY:    Yes,

        19       Mr. President.

        20                  SENATOR MARCELLINO:    Thank you,

        21       sir.

        22                  The section of the bill reads

        23       from -- I'm starting at line 19 on page 2 of

        24       the bill.  Starting at "No school shall apply

        25       pesticide to any playgrounds, turf, athletic



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         1       fields except that emergency applications of a

         2       pesticide may be made as determined by the

         3       county health department or, in a county not

         4       having a health department, such authority as

         5       the county legislature shall designate, the

         6       commissioner of health or his or her designee,

         7       the commissioner of environmental conservation

         8       or his or her designee, or, in the case of a

         9       public school, the school boards."

        10                  In my amendment before, I asked

        11       that we include private and parochial schools

        12       in that list.  Because the way I read this

        13       section, they're not included here.  They

        14       don't have elected school boards.  They have

        15       trustees, maybe an owner, whatever.  But they

        16       don't have elected school boards as defined by

        17       this bill.  So all we wanted to ask in the

        18       definition was to include them in the list.

        19                  ACTING PRESIDENT BRESLIN:

        20       Senator Foley.

        21                  SENATOR FOLEY:    Yes, thank you,

        22       Mr. President.

        23                  In those particular instances, say

        24       either in our counties -- in Suffolk County or

        25       Nassau County, for example, those particular



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         1       schools would be able to appeal directly to

         2       the local county health department for an

         3       emergency application of the required

         4       pesticide.

         5                  SENATOR MARCELLINO:    Mr.

         6       President, if the Senator would continue to

         7       yield.

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Foley, would you continue to yield to

        10       Senator Marcellino?

        11                  SENATOR FOLEY:    Yes,

        12       Mr. President.

        13                  ACTING PRESIDENT BRESLIN:    You

        14       may proceed, Senator Marcellino.

        15                  SENATOR MARCELLINO:    Thank you.

        16                  As I said earlier, words matter,

        17       Senator.  It says clearly here "or, in the

        18       case of public schools."  It says "no school

        19       shall apply," and then it excludes public

        20       schools by allowing them to go to their school

        21       boards.  Private schools do not have that.

        22       They just don't.  Therefore, they're excluded

        23       here.  They don't have that.

        24                  They have to go up to the

        25       Commissioner of Health in the state, because



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         1       there are counties in the state, as you

         2       recognized by accepting the amendments, that

         3       don't have health departments.  There are at

         4       least 10 counties that don't have health

         5       departments.  Some counties don't have county

         6       legislators.

         7                  So, you know, you're dealing with a

         8       situation that we asked to correct, and all

         9       we're saying, put nonpublic schools, parochial

        10       schools on the same playing field so that they

        11       too can be protected by your law.  That's all

        12       we're saying.

        13                  ACTING PRESIDENT BRESLIN:    If you

        14       consider it a question, can you answer that,

        15       Senator Foley?

        16                  SENATOR MARCELLINO:    I thought it

        17       was a question.

        18                  SENATOR FOLEY:    Again, Senator

        19       Marcellino, they can appeal to, in this case,

        20       the State Health Department.  In fact, I would

        21       say this.  This particular section of law --

        22       this particular section of the bill, rather,

        23       came from a suggestion that you had made at

        24       our Environmental Conservation Committee

        25       meeting, and it was a point well-taken, as far



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         1       as either DEC or the Health Department or

         2       their designee.

         3                  So again, the way the bill is

         4       constructed, those particular schools would

         5       have several options that they could pursue in

         6       order to receive the approval to move forward

         7       with a pesticide application.  And again, that

         8       would be reflected in the rules and regs

         9       promulgated by the relevant department.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Marcellino.

        12                  SENATOR MARCELLINO:    Mr.

        13       President, through you, if the Senator will

        14       continue to yield.

        15                  ACTING PRESIDENT BRESLIN:

        16       Senator Foley, will you continue to yield?

        17                  SENATOR FOLEY:    Yes,

        18       Mr. President.

        19                  SENATOR MARCELLINO:    Senator, you

        20       can say it every way you wish.  The language

        21       in the bill -- and I agree, the language in

        22       the bill simply excludes nonpublic schools.

        23       That's what the phrase means at the end.

        24                  And had we added that amendment,

        25       had we added that fix, I wouldn't have a



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         1       problem with that.  I don't necessarily agree

         2       that this bill is absolutely necessary.  I

         3       think it's covered in a whole bunch of

         4       different rules.  And a whole bunch of

         5       different laws take into consideration most of

         6       what you want to do.  I think basically we're

         7       looking -- we have a solution looking for a

         8       problem here.

         9                  But that being said, in order to

        10       fix the bill -- and I believe it can be fixed,

        11       that was the purpose of the amendment.  Not to

        12       derail the bill, not to stop the bill, but to

        13       fix it.  I believe there's a fix necessary

        14       here.

        15                  ACTING PRESIDENT BRESLIN:

        16       Senator Foley.

        17                  SENATOR FOLEY:    Thank you.

        18                  In past conversations that I've had

        19       with Senator Marcellino, certainly you've

        20       expressed support for the bill.  And in prior

        21       conversations that we've had -- in fact, even

        22       at committee -- once we made the initial

        23       amendments, and Senator Thompson will recall

        24       this as well, when we made the amendments as

        25       suggested by Senator Marcellino several weeks



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         1       ago, there was -- in fact, he supported the

         2       bill being reported out of committee with

         3       those amendments.

         4                  So again, I'm a little surprised by

         5       the fact that several hours ago we did in fact

         6       receive some hostile amendments by the Senator

         7       who had heretofore supported the bill.

         8                  Certainly, going forward --

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Duane -- excuse me, Senator Foley.

        11       Senator Duane, why do you rise?

        12                  SENATOR DUANE:    Thank you,

        13       Mr. President.  I'm assuming that Senator

        14       Foley has the floor, and I would like to ask

        15       the Senator --

        16                  ACTING PRESIDENT BRESLIN:    At

        17       this point, Senator Marcellino has the floor.

        18                  SENATOR MARCELLINO:    I believe I

        19       have the floor, Mr. President.

        20                  SENATOR DUANE:    No, I think

        21       Senator Foley has the floor.

        22                  SENATOR MARCELLINO:    No, he's

        23       yielding to a question.

        24                  ACTING PRESIDENT BRESLIN:    No,

        25       Senator Marcellino has asked if -- Senator



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         1       Marcellino has the floor.

         2                  SENATOR FOLEY:    We'll get to it,

         3       Tom.

         4                  Mr. President --

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Duane, to explain, earlier I

         7       recognized Senator Marcellino, and he's been

         8       asking questions of Senator Foley.  So Senator

         9       Marcellino has the floor to ask those

        10       questions.  Thank you, Senator Duane.

        11                  SENATOR FOLEY:    Thank you.

        12                  So again, there were amendments

        13       that were suggested by Senator Marcellino, we

        14       incorporated those amendments, he supported

        15       the bill.  So I was a little surprised to see

        16       the hostile amendments today.

        17                  Let me just say this.  Some of the

        18       elements of the amendment that he proposed

        19       certainly can be entertained in the future.

        20       But I would submit to Senator Marcellino that

        21       the failure of the amendment to be approved,

        22       to me, does not make this bill a fatally

        23       flawed one.  You may believe that there needs

        24       to be improvements to the bill.  But as I've

        25       said many times, I don't think we ever passed



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         1       a perfect bill in any deliberative body.

         2                  So certainly, going forward, if in

         3       fact there are other chapter amendments that

         4       would be, let's say, mutually supported, we

         5       can move forward with those.  Absent the

         6       approval of the hostile amendment this

         7       afternoon I would submit is not enough of a

         8       reason to oppose this bill.

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Marcellino.

        11                  SENATOR MARCELLINO:    If the

        12       Senator would continue to yield.

        13                  ACTING PRESIDENT BRESLIN:    Do you

        14       continue to yield to Senator Marcellino?

        15                  SENATOR FOLEY:    Yes,

        16       Mr. President.

        17                  ACTING PRESIDENT BRESLIN:    You

        18       may continue, Senator Marcellino.

        19                  SENATOR MARCELLINO:    The Senator

        20       mentioned the fact of our suggesting

        21       amendments during the committee meeting

        22       process, which we did.  Those amendments were

        23       ultimately, although not immediately,

        24       incorporated.  I think a couple of days later

        25       we had a meeting and the bill had not been



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         1       amended.  I voted at that time without

         2       recommendation, because the bill wasn't

         3       amended at that point in time to see that the

         4       bill in fact was.  So while --

         5                  ACTING PRESIDENT BRESLIN:

         6       Senator Duane -- excuse me, Senator

         7       Marcellino.

         8                  SENATOR MARCELLINO:    I'm not

         9       finished, Mr. President.  If I might --

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Marcellino, Senator Duane has risen.

        12       I can ask him why he has risen.

        13                  SENATOR DUANE:    Because,

        14       Mr. President -- and maybe --

        15                  SENATOR MARCELLINO:    So has the

        16       sun, sir.

        17                  ACTING PRESIDENT BRESLIN:    Excuse

        18       me?

        19                  SENATOR MARCELLINO:    I'm just

        20       suggesting that --

        21                  SENATOR DUANE:    Mr. President,

        22       the reason that I -- I just heard Senator

        23       Marcellino ask Senator Foley if he would

        24       yield.  Thereby, I assumed that that -- and

        25       maybe Senator Marcellino was incorrect in his



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         1       questioning that Senator Foley didn't have to

         2       yield.  But it was the second time I heard it,

         3       and that's why I was presuming that Senator

         4       Foley, if he was being asked to yield, he was

         5       being asked to yield.

         6                  SENATOR FOLEY:    In fact, I had

         7       the floor, yeah.

         8                  SENATOR DUANE:    And so --

         9                  ACTING PRESIDENT BRESLIN:

        10       Senator Duane, sometimes the correct

        11       terminologies aren't used.  And it's up to the

        12       President to control the debate.

        13                  SENATOR DUANE:    Certainly that's

        14       never happened in my case.

        15                  ACTING PRESIDENT BRESLIN:    No,

        16       I'm well aware of that.

        17                  SENATOR DUANE:    Thank you,

        18       Mr. President.

        19                  ACTING PRESIDENT BRESLIN:    I will

        20       allow Senator Marcellino to continue to ask

        21       questions.

        22                  SENATOR DUANE:    Thank you,

        23       Mr. President.

        24                  ACTING PRESIDENT BRESLIN:

        25       Senator Marcellino.



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         1                  SENATOR MARCELLINO:    I apologize,

         2       Mr. President.  I didn't notice that Senator

         3       Duane had risen, and I interrupted your

         4       comment.  I didn't mean to.  No disrespect

         5       intended.

         6                  Senator, you mentioned the fact

         7       that in your mind the bill is not flawed

         8       enough to warrant the change and that we could

         9       address chapter amendments down the road.

        10       I've engaged in chapter amendments on occasion

        11       with other pieces of legislation.  They're not

        12       always that reliable.  You can't always count

        13       on the other house to finish and to do that.

        14       You can't always count on the Governor to sign

        15       them.

        16                  We do have an opportunity right

        17       now.  The bill is here, the bill could be

        18       fixed, the bill could be amended, it could be

        19       sent over to the other house with the

        20       amendments added to it.  And I'm sure none of

        21       these amendments would justify them not

        22       passing the bill.  They would probably pass

        23       it.  So we could kill two birds and not waste

        24       a lot of time if we did that.

        25                  All that being said, if I might,



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         1       the other point of the bill, too, goes to the

         2       same thing with the Social Services Law.  The

         3       bill says the same language.

         4                  And I might add that the bill has a

         5       misprint in it, which I don't necessarily

         6       think we have to fix, but it could be when the

         7       bill is finally printed.  Because the line

         8       says, at the end, "or in the case of public

         9       schools."  Once again, I don't mean you mean

        10       public schools.  I think you mean, at that

        11       point, daycare centers.

        12                  So that could be adjusted.

        13       Hopefully it's not a same-as as the other

        14       bill.  That might impact it, if it's a

        15       problem.

        16                  ACTING PRESIDENT BRESLIN:    Are

        17       you on the bill, Senator Marcellino?

        18                  SENATOR MARCELLINO:    No, I'm not.

        19                  I would ask that the same thing be

        20       done, that we add into the section on Social

        21       Services Law for daycare centers, private

        22       daycare centers which do not have the benefit

        23       of boards and the like, that they be added,

        24       the language be put in.  Instead of "public,"

        25       that "private and/or trustees" be added, so



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         1       that they can declare an emergency --

         2                  ACTING PRESIDENT BRESLIN:    Again,

         3       Senator Marcellino --

         4                  SENATOR MARCELLINO:    Would you

         5       not agree?

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Marcellino -- okay, at the end there

         8       was a question.

         9                  SENATOR MARCELLINO:    I thought

        10       there would be.

        11                  ACTING PRESIDENT BRESLIN:

        12       Senator Foley.

        13                  SENATOR FOLEY:    I'm glad at the

        14       end you finally put the verb in that

        15       paragraph.  It was at the end of the

        16       paragraph.

        17                  Again, in all due respect -- former

        18       chair of EnCon; again, neighborhood

        19       notification and other very good and

        20       groundbreaking pieces of legislation that the

        21       former chair had championed -- I would have to

        22       respectfully disagree with your

        23       characterization of it.

        24                  As the sponsor of the bill, I would

        25       not necessarily agree with all the provisions



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         1       that you had contained in the hostile

         2       amendment.  That's why I believe, in a larger

         3       sense, hostile amendments is a rather

         4       ineffective way to try and change laws,

         5       because it's always done in confrontation with

         6       the sponsor of the bill, as opposed to a more

         7       collegial fashion, as was exhibited when we

         8       worked together in the committee structure to

         9       do those amendments, not to do an amendment

        10       two hours before we opened session.

        11                  So I'd have to disagree with your

        12       statement, Senator Marcellino.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Marcellino.

        15                  SENATOR MARCELLINO:    Mr.

        16       President, I'll go on the bill.

        17                  ACTING PRESIDENT BRESLIN:

        18       Senator Marcellino, on the bill.

        19                  SENATOR MARCELLINO:    Simply

        20       saying that you disagree does not answer.

        21       Simply saying "I disagree with you" does not

        22       make the statement made incorrect.

        23                  The bill as written excludes

        24       private schools.  It excludes private daycare

        25       centers from the same prerogatives that you're



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         1       giving to the public schools and public

         2       daycare centers.  It is discriminatory in that

         3       respect and should be fixed.

         4                  There are huge populations of

         5       youngsters in the private daycare centers and

         6       in the private schools that will not get the

         7       same benefits -- if you want to accept the

         8       fact that this bill has benefits -- that the

         9       public schools and the public daycare centers

        10       have.  It simply doesn't provide them.  Saying

        11       it, I disagree with you -- it's a great

        12       answer, Senator, but it doesn't cut it.  The

        13       language means something.

        14                  The language in this bill, as

        15       phrased in this bill, you can talk to any

        16       lawyer you want, they're going to tell you the

        17       same thing.  It excludes the private schools,

        18       it excludes the private daycare centers.

        19       That's not what you want it to do.  I don't

        20       believe that's what you intend it to do.  I

        21       think it's just a case of poorly written

        22       language that could be fixed.  That's all.

        23                  If you want to fix it, then let's

        24       fix it.  If you're talking about a chapter

        25       amendment, I think that's unnecessary time.



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         1       You want to do that later, in fact, fine,

         2       let's do it later.  But this is a problem with

         3       the bill that makes it, in my mind, difficult

         4       to support because it leaves out a huge

         5       population of youngsters.

         6                  It was talked about before that we

         7       have school districts -- I received a memo

         8       from an organization called Grassroots

         9       Environmental Education, and it lists a whole

        10       bunch of school districts that it says that

        11       these districts are involved right now in the

        12       organic pesticide applications.  And it just

        13       so happens, we called some of them.  We had

        14       people make some phone calls.

        15                  It lists the Jericho Union Free

        16       School District, which is one of the better

        17       school districts in the state, one of the

        18       larger ones in my district, and we called

        19       them.  There is organic, by choice of the

        20       school board, in the elementary grades, but

        21       not at the high school, according to the

        22       school district.  The high school does not

        23       engage in the organic pesticide situation, but

        24       the elementary grades, it does.  Why?  I don't

        25       know.  But that was their choice.



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         1                  In questioning some of the others,

         2       in calling some of the other districts, we

         3       found out some had engaged in it, no longer

         4       do -- by choice.  Some are thinking about

         5       doing it but are not now doing it, but they

         6       might consider it.  You know, you go down the

         7       list here, there's district after district.

         8       In other words, the list is not exactly

         9       complete.  And the statement in the memo is

        10       not exactly accurate, as it should be.

        11                  Right now any school district that

        12       wants to, any school district that wants to,

        13       any municipality that wants to, any entity

        14       that wants to can on its own, right now, go

        15       organic.  And I would have absolutely no

        16       problem with that.  They would have the

        17       perfect right to do it.  I would encourage

        18       most of it.  I don't see the problem with

        19       that.  Let them do it.  But they have the

        20       right now.

        21                  This law doesn't give them the

        22       right, this law mandates that they do it.

        23       Whether they want to or not, whether the

        24       circumstances fit their needs or not, this

        25       bill says "you must."



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         1                  I don't know that that's the way to

         2       go when they have the opportunity to do it and

         3       many are engaged.  They are engaging.  I know

         4       of some entities that started it and got away

         5       from it because the cost was too much to

         6       maintain and it was not an effective process.

         7       Could that have been the result of poorly

         8       trained personnel?  Possibly.

         9                  Hence the need to engage with a

        10       group like Cornell Cooperative Extension,

        11       which was unfunded in the EPF and literally

        12       destroyed the program because it was no longer

        13       funded in the Governor's budget.  So that

        14       program is shut down.  So the schools have no

        15       place to go now.  Who's going to provide the

        16       expertise and the training?  That's what

        17       Cornell provided to these districts.

        18                  That's what generated the IPM

        19       programs, which taught them to use organic and

        20       non-pesticides insecticides, fungicides,

        21       rodenticides, anything you want to call them.

        22       It encouraged them not to use them first.  It

        23       encouraged them to use them only as a last

        24       resort.  Not as a first resort, as a last

        25       resort.  Only in emergency circumstances, only



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         1       when it was absolutely necessary would they do

         2       it.

         3                  And only using it by trained

         4       personnel.  Not just any Joe Blow off the

         5       street taking a bag of junk and saying, "Here,

         6       I'm going to throw it out there."  This had to

         7       be done carefully, by trained personnel, under

         8       supervision, because these pesticides are

         9       dangerous chemicals.  We all understand that.

        10       That's why it has the word "cide" on the end

        11       of it.  That means to kill whatever precedes

        12       it.  We're not looking for that.

        13                  But we all recognize, and so do you

        14       in this legislation, that there are

        15       emergencies.  What we're saying is in some

        16       cases the declaration of the emergency means

        17       you've got to jump through 52 hoops to get

        18       there.  And it might be too late to solve it,

        19       and it might be far more expensive to solve

        20       it.

        21                  If you're going to apply

        22       organics -- the claim has been made that in

        23       some cases studies have shown that it's

        24       cheaper.  Not necessarily true.  In some cases

        25       it is far more expensive because you have to



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         1       apply far more of the substance than you do of

         2       the pesticide to get the same result.  So

         3       you're buying more of a product to get the

         4       same result as you would from a pesticide.

         5                  Is it worth it?  Yeah.  I might go

         6       with that.  I would say yeah, I wouldn't mind

         7       spending more money if I'm going to get the

         8       same result and make it's safer.  I'll do

         9       that.  But let's not make the claim that it's

        10       cheaper when it isn't.  The expenditure of the

        11       money when it comes, as you said in your

        12       comment, Senator, where we're talking about

        13       public health, I don't mind spending a little

        14       extra money.  Spend it.  I think that's money

        15       well spent.

        16                  But you can't claim something that

        17       simply isn't there.  You can't make a claim

        18       when you can't back it up.  The facts are

        19       otherwise.  Anybody who uses this stuff will

        20       tell you that in order to get the same

        21       results, it costs more, because you have to

        22       apply more of the organics.  It's not the

        23       same.

        24                  Now, as I said, I don't mind the

        25       application, I don't mind the extra expense,



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         1       because you're talking about public health and

         2       you're talking about the health of young

         3       people and our children.  Do it.  Do it.  But

         4       let's not make a statement that it's easy.

         5       Let's not make a statement that simply isn't

         6       factual that pesticides don't include, by

         7       definition, fungicides and others that were

         8       mentioned.  That simply isn't the case.

         9                  Let's not conclude that language in

        10       a bill that says one thing doesn't say what it

        11       says.  I didn't write this bill.  I didn't

        12       write this language.  But that's what it says.

        13       It should be changed.

        14                  The bill is flawed and needs to be

        15       adjusted.  Amendments would do that.  We could

        16       do that tonight.  We could do that now.  We

        17       could send the amendments to the other house,

        18       let them pass it, and you'll get the pesticide

        19       bill that everybody wants.  I have no problem

        20       with that.  Let's do it.  Let's do it.

        21       Instead of debating whether or not something

        22       says something that in fact it doesn't say.

        23       Pretending won't make it so.  Words mean

        24       something.

        25                  Mr. President, I urged a vote of



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         1       yes on the amendments because I think and

         2       thought these were not hostile amendments,

         3       they were not intended to destroy the bill.

         4       There was nothing in those amendments that

         5       eviscerated the bill, that changed the point

         6       of the bill, that changed the momentum of the

         7       bill.  I thought they would make the bill

         8       better -- and fairer, quite honestly.

         9                  The bill as it stands now is not a

        10       better bill and it's not a fair bill.  It

        11       doesn't afford, as I said, privates the same

        12       benefits as the public schools or public

        13       daycare centers.  These changes should be made

        14       before this bill becomes law.  If it becomes

        15       law.

        16                  I will be voting no on the bill,

        17       sir.

        18                  ACTING PRESIDENT BRESLIN:    Thank

        19       you, Senator Marcellino.

        20                  Senator Larkin, on the bill.

        21                  SENATOR LARKIN:    Thank you,

        22       Mr. President.  Would Mr. Foley --

        23                  ACTING PRESIDENT BRESLIN:    Excuse

        24       me.  Excuse me for a minute.

        25                  Senator Duane, why do you rise?



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         1                  SENATOR DUANE:    Thank you,

         2       Mr. President.  Would the sponsor yield,

         3       please?

         4                  ACTING PRESIDENT BRESLIN:    Again,

         5       just -- I will recognize Senator Larkin.  I

         6       have given him the floor.  I'll recognize you

         7       in due course.

         8                  SENATOR LARKIN:    Thank you,

         9       Mr. President.  Will Senator Foley yield?

        10                  SENATOR FOLEY:    Yes,

        11       Mr. President.

        12                  SENATOR LARKIN:    I know you've

        13       been on the hot seat all night long, but we'll

        14       make it a little short.

        15                  SENATOR FOLEY:    That's fine.

        16                  SENATOR LARKIN:    Have you heard

        17       from anybody at the school level or local

        18       level that supports this or opposes this?

        19                  SENATOR FOLEY:    We've heard --

        20       through you, Mr. President -- we've heard from

        21       a number of local organizations that are

        22       strongly supportive of this legislation.

        23                  SENATOR LARKIN:    I'm talking

        24       about schools.

        25                  SENATOR FOLEY:    School boards as



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         1       well as the School Board Association and the

         2       superintendents of grounds, no, they are

         3       opposed to the bill.

         4                  SENATOR LARKIN:    Yes.  You

         5       know --

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Larkin --

         8                  SENATOR LARKIN:    Thank you.  On

         9       the bill.

        10                  ACTING PRESIDENT BRESLIN:

        11       Senator Larkin, on the bill.

        12                  SENATOR LARKIN:    About two weeks

        13       ago, 16 members on that side of the aisle

        14       wrote a letter to the Governor and said don't

        15       cut any money out of education.  Two days

        16       later, you voted on a resolution to take that

        17       money out -- the school boards,

        18       municipalities, everything.

        19                  Here's 700-plus school boards,

        20       5,000 elected board officials are saying to

        21       us:  This is a bad bill.  It's going to cost

        22       us money.  You're talking about what we're

        23       doing to our fields and that, and they're not

        24       true.

        25                  You know, I know Antoine Thompson



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         1       is sitting over there very happy.  This is

         2       Earth Day's legislation.  My question is, what

         3       is more important?  To say that we passed all

         4       this legislation to prove we are concerned

         5       about the earth?  Some guys my age will tell

         6       you we cared about the earth before you were

         7       born.

         8                  But what are we saying?  Is it

         9       better to pass these bills that are not

        10       totally positive, to see that we got it done,

        11       or are we going to listen to somebody who's on

        12       5,000 members of school boards and over 700 --

        13       actually, 742 school districts in this state?

        14       And we're not even listening to them.  We're

        15       saying yes.

        16                  My colleague Senator Marcellino,

        17       who's chaired this committee for a number of

        18       years, was very clear when he said let's treat

        19       everybody when we're talking about the public

        20       and the private sector.  I mean, is it such a

        21       sin that we must pass this tonight rather than

        22       to sit down and look at what happened?  Are we

        23       to sit here -- you can snigger over there all

        24       you want.  I don't think it's funny.  It may

        25       be funny to you, but it's not funny to me.



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         1                  We have 742 school districts, 5,000

         2       elected officials are saying to you, please do

         3       not pass this.  What they also said, this bill

         4       creates a mandate on districts at a time when

         5       massive cuts and added pressures are being

         6       placed on our districts.  The last thing we

         7       need now is another unfunded mandate.

         8                  Don't tell me that you're worried

         9       about money for education when you're saying

        10       be prepared to spend this.  Because this just

        11       opens the door.  I don't think there's anybody

        12       in here that doesn't want to see this right.

        13       This is a very important issue.  But don't

        14       wash it around by the fact that, you know, all

        15       of the environmentalists are in town and they

        16       want us to do this as part of Earth Day.

        17                  Well, as part of Earth Day, I have

        18       17 grandchildren.  I'm worried about when

        19       they're at school.  But they go to a daycare

        20       center, we don't take care of them.  Not in

        21       this bill.

        22                  Why don't we just set this aside

        23       and correct it and make it positive by

        24       everybody supporting it?  That's not a big

        25       deal.  But if you want to say, well, I want to



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         1       show that we've got the power and we can get

         2       this done and to Hades with the other side,

         3       that doesn't make sense.

         4                  You all said we're going to work

         5       together.  We're working together about as

         6       good as two goats that can't even talk to one

         7       another.  This is a disgrace.  A total

         8       disgrace -- yes, I did, Frank.  You engineers

         9       don't understand that.

        10                  But what's so wrong about it?

        11       Anybody want to stand up and tell me over

        12       there?  Mr. President, when are we in this

        13       chamber going to do something for the public,

        14       for the people who pay the taxes?  We have a

        15       great opportunity --

        16                  SENATOR DUANE:    Mr. President, I

        17       think there was a question to the other side.

        18       And, I'm sorry, I didn't get it.

        19                  SENATOR LARKIN:    It's past tense.

        20                  SENATOR DUANE:    I'm wondering if

        21       the Senator would yield, because he said there

        22       was a question he was asking this side of the

        23       aisle, and it was garbled.  And I was

        24       wondering if the Senator would repeat it,

        25       because maybe it deserves an answer.



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         1                  SENATOR LARKIN:    I'm on the bill,

         2       and that's what I'm saying, period.

         3                  Mr. President --

         4                  ACTING PRESIDENT BRESLIN:    I

         5       believe it was rhetorical in nature.

         6                  SENATOR LARKIN:    -- I think it's

         7       very clear that, as I said earlier today, we

         8       stuck it to group one, we stuck it to group

         9       two, we stuck it to group three.  You guys go

        10       home tomorrow, ladies and gentlemen go home

        11       and say, yeah, you invite us to meetings and

        12       we tell you what our problems are and we send

        13       you a memo -- and what did you say?  How many

        14       of you over there that got this memo called

        15       your school boards and told them?  Any one of

        16       you, tell me.

        17                  SENATOR ONORATO:    I didn't get

        18       one.

        19                  SENATOR LARKIN:    Everybody got

        20       one.  I called today and I checked with the

        21       messenger service and they said there was one

        22       of these placed in everybody's box, George.

        23                  But has anybody called their people

        24       back home and told them?  I did.  I said, "Bet

        25       your bottom dollar they'll pass this and



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         1       they'll pass the costs on to you and they'll

         2       say 'We did it in honor of the students, we

         3       did it in honor of the future'."

         4                  You know what?  If you think these

         5       people back home are that dumb, God bless you

         6       come November.

         7                  ACTING PRESIDENT BRESLIN:

         8       Senator Duane, on the bill.

         9                  SENATOR DUANE:    Thank you,

        10       Mr. President.  If the sponsor would yield.

        11                  ACTING PRESIDENT BRESLIN:

        12       Senator Foley, you're not going to yield to --

        13       or will you yield to Senator Duane?

        14                  SENATOR FOLEY:    I'm happy that I

        15       can finally yield to the fine Senator from

        16       Gramercy Park.

        17                  SENATOR DUANE:    Thank you.

        18                  ACTING PRESIDENT BRESLIN:

        19       Senator Duane.

        20                  SENATOR DUANE:    Mr. President, I

        21       would like to wish you and everyone here a

        22       happy Earth Day, and in particular to the

        23       sponsor of this legislation.

        24                  I'm wondering if the sponsor would

        25       tell us how long he's been a member of this



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         1       chamber, this body.

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Foley.

         4                  SENATOR FOLEY:    Thank you,

         5       Mr. President.  It's my honor and privilege,

         6       from the citizens of the Third Senatorial

         7       District, to represent them here in this fine

         8       institution since January of last year.

         9                  SENATOR DUANE:    And through you,

        10       Mr. President, if the sponsor would continue

        11       to yield.

        12                  ACTING PRESIDENT BRESLIN:    Do you

        13       continue to yield, Senator Foley?

        14                  SENATOR FOLEY:    Yes.

        15                  SENATOR DUANE:    I would like to

        16       have my memory refreshed on what happened with

        17       this legislation -- the history of this

        18       legislation last year and through this point.

        19       How was this legislation moved forward?  What

        20       happened last year, what's happened this year?

        21                  ACTING PRESIDENT BRESLIN:

        22       Senator Foley, do you yield to that question?

        23                  SENATOR FOLEY:    Yes,

        24       Mr. President.

        25                  The legislative history of this



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         1       particular resolution was in 2001 and 2002 it

         2       was referred to Environmental Conservation

         3       from the Assembly side.  '03-'04, same

         4       reference in that period of time.  In '05-'06,

         5       the Assembly bill was referred to EnCon.

         6       '07-'08, the same.  So in other words, there

         7       has never been any action on this side of the

         8       house.

         9                  SENATOR DUANE:    And through you,

        10       Mr. President, if the sponsor would continue

        11       to yield.

        12                  ACTING PRESIDENT BRESLIN:    Do you

        13       continue to yield, Senator Foley, to Senator

        14       Duane?

        15                  SENATOR FOLEY:    Yes,

        16       Mr. President.

        17                  SENATOR DUANE:    It's my

        18       understanding that last year, despite all of

        19       the difficulty here -- which I need not remind

        20       everyone, sad and difficult though it was --

        21       that this bill moved until it was placed on

        22       the Codes calendar; is that correct?

        23                  SENATOR FOLEY:    That is correct,

        24       Mr. President.

        25                  SENATOR DUANE:    And through you,



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         1       Mr. President, if the sponsor would continue

         2       to yield.

         3                  ACTING PRESIDENT BRESLIN:    Do you

         4       continue to yield, Senator Foley?

         5                  SENATOR FOLEY:    Yes,

         6       Mr. President.

         7                  SENATOR DUANE:    And if memory

         8       serves me -- and I just want to verify -- that

         9       this is probably the furthest that this

        10       legislation has moved in any form in this

        11       house to this point?

        12                  ACTING PRESIDENT BRESLIN:

        13       Senator Foley.

        14                  SENATOR FOLEY:    Mr. President,

        15       that is correct.  This is the farthest, if you

        16       will, this piece of legislation has come in

        17       this house over a period of years.  I think

        18       last year it was approved in the Assembly by

        19       overwhelming numbers.  And there was strong

        20       overwhelming bipartisan support in the

        21       Assembly.  And I hope that we could reflect

        22       that same support here in this house.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Duane.

        25                  SENATOR DUANE:    Thank you,



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         1       Mr. President.  If the sponsor would continue

         2       to yield.

         3                  ACTING PRESIDENT BRESLIN:    Do you

         4       continue to yield, Senator Foley?

         5                  SENATOR FOLEY:    Yes,

         6       Mr. President.

         7                  SENATOR DUANE:    And I just need

         8       to preface this by my definition of bipartisan

         9       now.  Bipartisan, by my definition, means both

        10       sides of the aisle in this house, as opposed

        11       to previously bipartisan meant the majority

        12       party in this house and the majority party in

        13       the other house.  That was the former

        14       definition of bipartisan.

        15                  But I'm talking about my

        16       definition, our definition of bipartisan,

        17       which is both sides of the aisle in this

        18       chamber.

        19                  I noticed that this bill is a

        20       C print.  And I'm wondering if the sponsor

        21       could tell me whether or not he had

        22       discussions with members -- bipartisan

        23       discussions, as I define them in present day

        24       in this house -- if there were bipartisan

        25       discussions regarding this piece of



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         1       legislation.

         2                  ACTING PRESIDENT BRESLIN:

         3       Senator Foley.

         4                  SENATOR FOLEY:    That's an

         5       excellent question.  And as I mentioned

         6       earlier, when this bill was in the

         7       Environmental Conservation Committee, we were

         8       ready to move it out, there were several let's

         9       say elements of constructive criticism that

        10       was leveled at the bill by Senator Marcellino.

        11                  And as much as I could have

        12       reported the bill out of committee at that

        13       time, since we had the majority on the

        14       committee, I tabled the bill.  And Senator

        15       Marcellino's staff, my legislative staff, as

        16       well as the committee staff, worked over

        17       together over several days' time, about a

        18       week, to make the changes that the good

        19       Senator had suggested at that time.

        20                  So we incorporated those changes --

        21       we reported it out of committee, as he

        22       mentioned, but we then incorporated the

        23       changes to the bill.  And that's why I was so

        24       surprised through the present to see that

        25       there further amendments now, three weeks



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         1       later, two hours before session.

         2                  SENATOR DUANE:    And through you,

         3       Mr. President, if the sponsor would continue

         4       to yield.

         5                  ACTING PRESIDENT BRESLIN:    Do you

         6       continue to yield, Senator Foley, to Senator

         7       Duane?

         8                  SENATOR FOLEY:    Yes,

         9       Mr. President.

        10                  ACTING PRESIDENT BRESLIN:    You

        11       may proceed, Senator Duane.

        12                  SENATOR DUANE:    I would like to

        13       ask the sponsor -- and I have to make for

        14       absolute certain so that I can sleep tonight

        15       with a clear conscience -- does the sponsor of

        16       this legislation care about children?

        17                  ACTING PRESIDENT BRESLIN:

        18       Senator Foley.

        19                  SENATOR FOLEY:    Absolutely,

        20       Mr. Chairman.  I think all of us in this house

        21       devote the time that we do away from our

        22       family and our neighborhoods, among other

        23       reasons, to protect children and to take that

        24       kind of faith, if you will, and translate that

        25       into meaningful legislation that will make a



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         1       difference in the lives of those children and

         2       the parents who are parenting those children.

         3                  SENATOR DUANE:    And through you,

         4       Mr. President, if the sponsor would continue

         5       to yield.

         6                  ACTING PRESIDENT BRESLIN:    Do you

         7       continue to yield, Senator Foley?

         8                  SENATOR FOLEY:    Yes,

         9       Mr. President.

        10                  SENATOR DUANE:    I have to preface

        11       this by saying that I am not an avid golfer.

        12       I never have been.  I don't envision that I

        13       will be, but who knows.  But I'm wondering if

        14       the sponsor is a huge, every-weekend golfer.

        15                  ACTING PRESIDENT BRESLIN:

        16       Senator Foley.

        17                  SENATOR FOLEY:    As much as I'm a

        18       fan of golf, unfortunately -- although since

        19       my hair's been turning gray, I've had more

        20       people ask me if I wanted to golf -- but no,

        21       I'm not a golfer.  If I have free time on the

        22       weekend, Mr. President, I try to keep some

        23       semblance of harmony at home and spend some

        24       time around the home area as opposed to the

        25       links on Long Island.



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         1                  SENATOR DUANE:    And through you,

         2       Mr. President, if the sponsor would continue

         3       to yield.

         4                  ACTING PRESIDENT BRESLIN:    Do you

         5       continue to yield, Senator Foley?

         6                  SENATOR FOLEY:    Yes,

         7       Mr. President.

         8                  SENATOR DUANE:    I'm wondering if

         9       the sponsor -- and there may be schools like

        10       this, but I'm wondering if there are any

        11       schools in his district which have golf

        12       courses.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Foley.

        15                  SENATOR FOLEY:    There are no

        16       schools that have golf courses.  The local

        17       schools in fact use both the county and the

        18       town courses in the Islip -- well, in Suffolk

        19       County, the county courses and the town

        20       courses.

        21                  ACTING PRESIDENT BRESLIN:

        22       Senator Duane.

        23                  SENATOR DUANE:    And through you,

        24       Mr. President, if the sponsor would continue

        25       to yield.



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         1                  ACTING PRESIDENT BRESLIN:    Do you

         2       continue to yield, Senator Foley?

         3                  SENATOR FOLEY:    Yes,

         4       Mr. President.

         5                  SENATOR DUANE:    Is the sponsor's

         6       intent of this legislation to substitute

         7       pesticides which are more natural in nature

         8       than the ones that, for instance, were the

         9       kind that I unfortunately breathed in when I

        10       was a child?  And from the way a lot of people

        11       around here sound, apparently they were

        12       breathing it in too.

        13                  ACTING PRESIDENT BRESLIN:

        14       Senator Foley.

        15                  SENATOR FOLEY:    It's an

        16       absolutely crucial question, and it gets to

        17       the heart of the matter.  Which is over a

        18       period of time there have been enough, let's

        19       say -- and in an evolving nature, turf

        20       maintenance has made great strides,

        21       particularly over the last 10 years, to where

        22       there is far less need for the application of

        23       pesticides as there was 10, 15, 20 years ago.

        24                  And there's a whole industry, in

        25       fact, creating more jobs where there are



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         1       alternative -- we can't even call them

         2       alternative anymore, Mr. President -- but in

         3       fact tried and true methods where we can

         4       improve the health of the turf so that there's

         5       far less need -- in fact, in many cases, no

         6       need -- to apply these chemicals as they were

         7       applied 15 to 20 years ago.

         8                  So we made great strides in the

         9       area that then allows us to offer a bill like

        10       this, where then we would avoid the

        11       interaction of pesticides with children and

        12       still have turf fields, with some possible

        13       remote exemptions, those turf fields being of

        14       such a nature that they could withstand all

        15       the running and to and fro that happens on the

        16       fields at the elementary and high school

        17       levels.

        18                  SENATOR DUANE:    Thank you.

        19                  Mr. President, on the bill.

        20                  ACTING PRESIDENT BRESLIN:

        21       Senator Duane, on the bill.

        22                  SENATOR DUANE:    I would like to

        23       in the strongest possible terms commend the

        24       sponsor of this legislation.  I have known of

        25       his deep commitment to children throughout our



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         1       state, his deep commitment to the

         2       environment -- and not just on Long Island,

         3       which we're trying to preserve the environment

         4       on Long Island, which is probably far more

         5       fragile than we even imagined, but to commend

         6       him for this legislation which will help

         7       children and the environment throughout the

         8       state.

         9                  Senator Foley's arrival in this

        10       house and his putting forward this legislation

        11       and shepherding it through the house is

        12       exactly the reason why it is so advantageous

        13       to have a member such as the sponsor of this

        14       legislation.  This is my 12th year here.  I

        15       have been waiting to have pieces of

        16       legislation like this come to the floor to be

        17       voted on.

        18                  It's an enormous, giant leap

        19       forward for the children of the State of

        20       New York, for the environment of the State of

        21       New York.  And I absolutely urge everyone to

        22       vote in favor of this legislation.  And there

        23       will be much more to come, I'm sure.  But at

        24       9:30 at night, it's a pleasure to be able to

        25       vote -- I will be very happy to be able to



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         1       vote in favor of this legislation because of

         2       the wonderful results which it will bring to

         3       the State of New York.

         4                  Thank you, Mr. President.

         5                  ACTING PRESIDENT BRESLIN:    Thank

         6       you, Senator Duane.

         7                  Senator Thompson, on the bill.

         8                  SENATOR THOMPSON:    Yes, thank

         9       you, Mr. President.  It is a privilege that I

        10       stand today in support of this bill.

        11                  It has been stated that we spent

        12       some time working on this bill.  Back in

        13       February of this year, we had a roundtable on

        14       the first floor of this building, and it was

        15       standing room only.  We had landscapers and

        16       businesspeople and advocates on both sides of

        17       the issue from all over the state that came

        18       in.  And it was represented from people on

        19       both sides of the aisle who listened quite

        20       patiently to the debate.

        21                  And in fact, on this particular

        22       bill there really wasn't a lot of debate on

        23       this particular bill at the roundtable with

        24       all the industry people there.  That's not to

        25       say that they were, you know, kicking their



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         1       heels about the bill.  But this was out of all

         2       the bills that we talked about and issues that

         3       we talked about that day, this particular

         4       issue of safe playing fields was not viewed as

         5       an extreme measure.

         6                  And that's important to note,

         7       because there were other bills that they were

         8       concerned about that we said that we were not

         9       going to address.  That we were only looking

        10       at passing two bills this year, and we would

        11       look to work towards, after we got the work

        12       day, to try to deal with the issue of IPM.

        13       And I think that's available online under the

        14       new Senate rules.

        15                  The other thing is that many -- I

        16       was sitting here and I did a quick Google

        17       search on my BlackBerry.  And if you just

        18       Google while you're sitting here and type in

        19       "dangers, pesticides on playing fields," it is

        20       amazing what you will find in just a quick

        21       Google search, and all the different reports

        22       from people on both sides of the issue.

        23                  Let me say that this particular

        24       bill is limited in scope.  We have lots of

        25       bills that are supported by -- that are



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         1       sponsored by both Democrats and Republicans in

         2       the Senate that deal with pesticides.  And we

         3       tried this year to get -- we've tried this

         4       year to narrow it down so that we can do a

         5       couple things that make sense.

         6                  Protecting our children who are

         7       playing on sports fields is reasonable.  We

         8       put in a provision that says that if an

         9       outbreak takes place, they can get it

        10       addressed immediately so that we don't lose

        11       whole entire playing fields.

        12                  But to protect our young people

        13       really is the right thing to do.  It's beyond

        14       the right thing to do.  And many newspapers

        15       have supported this, not that -- everyone

        16       knows that I'm not one who panders to what

        17       newspapers say.  But many newspapers across

        18       the state, in addition to advocacy groups, in

        19       addition to the buildings and grounds folks

        20       who've actually got to do the job.  They've

        21       said they can do it.

        22                  We had folks from the association

        23       that came to our roundtable and said that this

        24       is a good bill, this bill does not go too far,

        25       just give us the flexibility, in the event



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         1       that there's an outbreak, that we can then do

         2       something, so that we don't lose a lot of

         3       money.

         4                  The last thing I want to emphasize

         5       is that when we -- at least as the chair of

         6       the committee, when members bring bills, we

         7       put a lot of care into these bills.  My

         8       colleague Senator Marcellino has been --

         9       whether he's for something or against

        10       something, I think that whenever he or other

        11       members of the committee or people who are not

        12       on the committee -- we've always tried to be

        13       open and attentive.  In fact, right after the

        14       committee meeting when this bill passed out of

        15       committee, we actually assigned two staffers

        16       to work on a number of recommendations.

        17                  And so I think this is a very good

        18       bill to do for Earth Day.  It's a very good

        19       bill to do any day, but particularly on Earth

        20       Day.  And I believe there are a lot of bills

        21       that are in committee that groups like Crop

        22       Life America support and don't support by

        23       Democrats and Republicans.  There are groups

        24       like RISE, which was just in Buffalo last week

        25       doing something on pesticide awareness and



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         1       prevention, Responsible Industry for a Sound

         2       Environment, there are bills that are

         3       sponsored by Democrats and Republicans that

         4       they support and do not support.

         5                  So I believe this bill is a fair

         6       bill.  It's a good bill.  It's not extreme.

         7       It focuses on our young people when they're

         8       playing on playing fields and around daycare

         9       facilities.  This is a good, reasonable bill.

        10                  And I don't believe -- and I don't

        11       have a crystal ball, and I don't know

        12       everything, but it's been a long time since we

        13       passed a major pesticide bill in this chamber.

        14       And I think now is the time, and this bill is

        15       a responsible bill.  It does not go too far

        16       right or too far left.  This is actually a

        17       bill right down the center.

        18                  Thank you.

        19                  ACTING PRESIDENT BRESLIN:    Thank

        20       you, Senator Thompson.

        21                  Are there any other Senators

        22       wishing to be heard?

        23                  Hearing none, the debate is closed.

        24       The Secretary will ring the bell.

        25                  Read the last section.



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         1                  THE SECRETARY:    Section 5.  This

         2       act shall take effect on the 180th day.

         3                  ACTING PRESIDENT BRESLIN:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  ACTING PRESIDENT BRESLIN:

         7       Senator Foley, to explain his vote.

         8                  SENATOR FOLEY:    Thank you,

         9       Mr. Chairman.

        10                  I'd like to thank everybody for the

        11       robust debate and discussion that we had this

        12       evening.

        13                  Let me just cite for the record the

        14       number of organizations in favor.  We have the

        15       Center for Health and Environmental Justice,

        16       the Learning Disabilities Association, the

        17       Huntington Breast Cancer Action Coalition, the

        18       Rochester Breast Cancer Coalition, the Group

        19       for the East End, Citizens Campaign for the

        20       Environment, Environmental Advocates,

        21       Neighborhood Network Action, Audubon New York,

        22       NYPIRG, Vision Long Island.

        23                  And I'll end with this from the

        24       Huntington Breast Cancer Action Coalition:  It

        25       is common sense that fetuses, newborns and our



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         1       children, as they are developing, are very

         2       vulnerable when exposed to toxins.  The

         3       passage of this legislation initiated by you

         4       and Assemblymember Englebright truly

         5       represents child safety and protection."

         6                  I vote in the affirmative,

         7       Mr. President.

         8                  ACTING PRESIDENT BRESLIN:

         9       Senator Foley will be recorded in the

        10       affirmative.

        11                  Senator DeFrancisco, to explain his

        12       vote.

        13                  SENATOR DeFRANCISCO:    I'm going

        14       to vote in the negative.  And despite some of

        15       the comments, you're not against children by

        16       being against this bill.  At least that was

        17       the clear implication.

        18                  I have seven grandchildren, four of

        19       school age in New York State.  And there is

        20       nothing I would do to put those kids in

        21       jeopardy.  And there is nothing I would do to

        22       not protect their safety.

        23                  And could you hammer the gavel a

        24       little bit so I can hear myself think?

        25                  ACTING PRESIDENT BRESLIN:    Can we



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         1       have some quiet, please.

         2                  SENATOR DeFRANCISCO:    So that's

         3       not the point.  The point simply is this.  And

         4       there's organizations that oppose this bill,

         5       including the School Boards Association, who

         6       everybody here has said at least once during

         7       their Senate career -- even Senator Foley,

         8       who's only been here since January of last

         9       year -- that we've got to stop the unfunded

        10       mandates to school districts.  So we get a

        11       notice from the school districts saying it's

        12       an unfunded mandate.

        13                  Don't think we don't care about our

        14       kids.  We care about our kids.  We're not

        15       going to put them in a danger zone.  Give us

        16       some kind of credit for being reasonable human

        17       beings.  Besides, under the notification law,

        18       everybody is notified when pesticides are

        19       being applied.

        20                  So to make this a bill that is

        21       crucial to the life and safety of children and

        22       to just totally ignore school boards -- who

        23       are I believe doing the right things for our

        24       kids as far as this area is concerned -- and

        25       provide another unfunded mandate when we're



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         1       cutting their budgets I just don't think is

         2       the right thing to do at this time in history.

         3                  That's why I'm voting no.

         4                  ACTING PRESIDENT BRESLIN:

         5       Senator DeFrancisco will be recorded in the

         6       negative.

         7                  Senator Saland, to explain his

         8       vote.

         9                  SENATOR SALAND:    Thank you,

        10       Mr. President.

        11                  Mr. President, I chaired the Senate

        12       Children and Families Committee for some

        13       10 years, the Education Committee for some six

        14       years.  I think I have an impeccable record

        15       when it comes to dealing with issues involving

        16       children, and certainly think I have been

        17       responsible for sensitizing the system to

        18       unfunded mandates.

        19                  I listened to the debate and

        20       response to the exchange between Senator Young

        21       and Senator Foley.  Clearly Senator Foley

        22       could not cite one instance of a child being

        23       harmed, a reported instance of a child being

        24       harmed by a pesticide.

        25                  Now, I can cite for you in my



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         1       district alone dozens upon dozens upon dozens

         2       upon dozens of people who have been afflicted

         3       by Lyme disease, a horribly crippling disease

         4       which even when it goes into remission can

         5       still return with absolutely horrid

         6       consequences to a person who has been so

         7       afflicted.

         8                  So if my choice is to spray a field

         9       and save a child from Lyme disease versus a

        10       feel-good bill in which there has not been an

        11       acknowledgment of a single solitary child

        12       being adversely impacted by this pesticide

        13       menace, I opt to protect the children in my

        14       district, the athletes in my district, the

        15       families in my district from Lyme disease.

        16       Both in Dutchess and Columbia County, we at

        17       times have been the epicenter,

        18       percentage-wise, of cases of Lyme disease.

        19       It's a no-brainer.  And in fact Lyme disease

        20       can at times make you a no-brainer.

        21                  I vote in the negative,

        22       Mr. President.

        23                  ACTING PRESIDENT BRESLIN:

        24       Senator Saland will be recorded in the

        25       negative.



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         1                  Announce the results.

         2                  THE SECRETARY:    Those recorded in

         3       the negative on Calendar Number 330 are

         4       Senators Bonacic, DeFrancisco, Farley, Golden,

         5       Griffo, Hannon, O. Johnson, Lanza, Larkin,

         6       Leibell, Libous, Little, Marcellino, Maziarz,

         7       Nozzolio, Ranzenhofer, Saland, Seward, Skelos,

         8       Volker, Winner and Young.

         9                  Ayes, 39.  Nays, 22.

        10                  ACTING PRESIDENT BRESLIN:    The

        11       bill is passed.

        12                  Senator Klein, that completes the

        13       reading of the controversial calendar.

        14                  SENATOR KLEIN:    Mr. President, at

        15       this time can we please go a controversial

        16       reading of the Senate supplemental calendar.

        17                  ACTING PRESIDENT BRESLIN:    The

        18       Secretary will read.

        19                  THE SECRETARY:    Calendar Number

        20       399, by Senator Thompson, Senate Print 3296G,

        21       an act to amend the Environmental Conservation

        22       Law.

        23                  ACTING PRESIDENT BRESLIN:    Read

        24       the last section.

        25                  An explanation has been requested,



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         1       Senator Thompson.

         2                  SENATOR LIBOUS:    Mr. President,

         3       who requested the explanation?

         4                  ACTING PRESIDENT BRESLIN:    Far be

         5       it from me to hear it.

         6                  Read the last section.

         7                  SENATOR LIBOUS:    Thank you.

         8                  THE SECRETARY:    Section 4.  This

         9       act shall take effect immediately.

        10                  ACTING PRESIDENT BRESLIN:    Call

        11       the roll.

        12                  (The Secretary called the roll.)

        13                  ACTING PRESIDENT BRESLIN:

        14       Announce the results.

        15                  THE SECRETARY:    Ayes, 60.  Nays,

        16       1.  Senator Golden recorded in the negative

        17       earlier today.

        18                  ACTING PRESIDENT BRESLIN:    The

        19       bill is passed.

        20                  Senator Klein, that completes the

        21       reading of the controversial supplemental

        22       calendar.

        23                  SENATOR KLEIN:    Mr. President, is

        24       there any further business at the desk?

        25                  ACTING PRESIDENT BRESLIN:    No,



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         1       Senator Klein, there is no further business at

         2       the desk.

         3                  SENATOR KLEIN:    There being no

         4       further business, Mr. President, I move that

         5       we adjourn until Wednesday, April 21st, at

         6       11:00 a.m.

         7                  ACTING PRESIDENT BRESLIN:    There

         8       being no further business to come before the

         9       Senate, on motion, the Senate stands adjourned

        10       until Wednesday, April 21st, at 11:00 a.m.

        11                  (Whereupon, at 9:47 p.m., the

        12       Senate adjourned.)

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25



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