Regular Session - March 9, 2022
1142
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 9, 2022
11 3:39 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JAMAAL T. BAILEY, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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21
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT BAILEY: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BAILEY: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT BAILEY: Reading
14 of the Journal.
15 THE SECRETARY: In Senate, Tuesday,
16 March 8, 2022, the Senate met pursuant to
17 adjournment. The Journal of Monday, March 7,
18 2022, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT BAILEY: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: Senator Sanders
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1 moves to discharge, from the Committee on
2 Finance, Assembly Bill Number 3954B and
3 substitute it for the identical Senate Bill 549B,
4 Third Reading Calendar 583.
5 ACTING PRESIDENT BAILEY: So
6 ordered.
7 Reports of standing committees.
8 Reports of select committees.
9 Communications and reports from
10 state officers.
11 Motions and resolutions.
12 Senator Gianaris.
13 SENATOR GIANARIS: Thank you,
14 Mr. President. Good afternoon.
15 Amendments are offered to the
16 following Third Reading Calendar bills:
17 By Senator Salazar, page 10,
18 Calendar 126, Senate Print 6074;
19 Senator Harckham, page 15, Calendar
20 311, Senate Print 5128A; and
21 Senator Kaminsky, page 26, Calendar
22 502, Senate Print 1019A.
23 ACTING PRESIDENT BAILEY: The
24 amendments have been received, and the bills will
25 retain their place on the Third Reading Calendar.
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1 Senator Gianaris.
2 SENATOR GIANARIS: Thank you,
3 Mr. President.
4 On behalf of Senator Brooks, I wish
5 to call up Senate Print 6035, recalled from the
6 Assembly, which is now at the desk.
7 ACTING PRESIDENT BAILEY: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 478, Senate Print 6035, by Senator Brooks, an act
11 in relation to authorizing the Bellmore Fire
12 District to file an application for exemption
13 from real property taxes.
14 SENATOR GIANARIS: Move to
15 reconsider the vote by which the bill was passed.
16 ACTING PRESIDENT BAILEY: Call the
17 roll on reconsideration.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT BAILEY: The bill
21 is restored to its place on the Third Reading
22 Calendar.
23 SENATOR GIANARIS: I offer the
24 following amendments.
25 ACTING PRESIDENT BAILEY: The
1146
1 amendments are received, and the bill will retain
2 its place on the Third Reading Calendar.
3 SENATOR GIANARIS: Thank you,
4 Mr. President.
5 At this time can we take up
6 previously adopted Resolution 2017, by Senator
7 Reichlin-Melnick, read the resolution's title,
8 and recognize Senator Reichlin-Melnick.
9 ACTING PRESIDENT BAILEY: The
10 Secretary will read.
11 THE SECRETARY: Senate Resolution
12 2017, by Senator Reichlin-Melnick, commending
13 Jawonio upon the occasion of celebrating 75 years
14 of supporting children, adults and families with
15 special needs.
16 ACTING PRESIDENT BAILEY: Senator
17 Reichlin-Melnick on the resolution.
18 SENATOR REICHLIN-MELNICK: Thank
19 you, Mr. President.
20 And today I raise to honor 75 years
21 of remarkable work by Jawonio in supporting
22 children, adults and families with special needs.
23 Few organizations have contributed
24 so much to improving the lives of people in the
25 Hudson Valley as Jawonio. For 75 years, they
1147
1 have been empowering individuals with special
2 needs to build lives of dignity and self-worth.
3 Jawonio was founded in 1947 to
4 provide development disability, mental health and
5 medical services to six local families. Since
6 then, this nonprofit organization has provided
7 independence, well-being, and equality for
8 thousands upon thousands of families throughout
9 Rockland, Westchester and the Hudson Valley.
10 I recently visited Jawonio's
11 brand-new 75,000 square foot state-of-the-art
12 facility in New City with some of my legislative
13 colleagues. We were there to celebrate the
14 release of a report by the Rockefeller Institute,
15 which issued a report on the impact of the jobs
16 programs that Jawonio facilitates. These types
17 of jobs programs benefit both the individuals and
18 the entire community.
19 Jawonio is the seventh-largest
20 employer in Rockland County and the largest
21 disability service organization in the
22 Hudson Valley region. From its humble beginnings
23 as a sleep-over camp, Jawonio now supports 3500
24 individuals.
25 With a workforce of close to a
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1 thousand professionals in Rockland, Westchester
2 and Orange counties, Jawonio provides life-span
3 services from infants through the end of life,
4 with a variety of services including early
5 intervention, special education preschool, summer
6 education, vocational and employment services,
7 residential and day services, and recovery-based
8 mental health services and care management.
9 Under the leadership of CEO Randy
10 Reyes Castro, Jawonio remains true to its
11 mission. A number of events will be held
12 throughout the year, and a new video entitled
13 "Celebrating 75 Years" will showcase Jawonio's
14 many successes and the important work that they
15 do for our community.
16 The organization has shown a
17 sustained commitment to excellence worthy of the
18 recognition and applause of all the citizens of
19 New York. And so I ask my Senate colleagues to
20 join me in commending Jawonio upon the occasion
21 of celebrating 75 years of inspirational work
22 supporting children, adults and families with
23 special needs.
24 I vote aye.
25 ACTING PRESIDENT BAILEY: Senator
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1 Reichlin-Melnick in the affirmative on the
2 resolution.
3 The resolution was previously
4 adopted on March 8th.
5 Senator Gianaris.
6 SENATOR GIANARIS: At the request
7 of Senator Reichlin-Melnick, that resolution is
8 open for cosponsorship.
9 ACTING PRESIDENT BAILEY: The
10 resolution is open for cosponsorship. Should you
11 choose not to be a cosponsor of the resolution,
12 please notify the desk.
13 Senator Gianaris.
14 SENATOR GIANARIS: Let's take up
15 the reading of the calendar at this time, please.
16 ACTING PRESIDENT BAILEY: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 223, Senate Print 3974, by Senator Kennedy, an
20 act to amend the General Municipal Law.
21 ACTING PRESIDENT BAILEY: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 90th day after it
25 shall have become a law.
1150
1 ACTING PRESIDENT BAILEY: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT BAILEY: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 252, Senate Print 2199, by Senator Kennedy, an
11 act to amend the Agriculture and Markets Law.
12 ACTING PRESIDENT BAILEY: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BAILEY: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BAILEY: Announce
20 the results.
21 THE SECRETARY: Ayes, 63.
22 ACTING PRESIDENT BAILEY: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 279, Senate Print 4082, by Senator Hinchey, an
1151
1 act to amend the Education Law.
2 ACTING PRESIDENT MAYER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 90th day after it
6 shall have become a law.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 430, Senate Print 7861, by Senator May, an act to
17 direct the Department of Agriculture and Markets
18 to develop and produce guidance and educational
19 materials.
20 SENATOR LANZA: Lay it aside.
21 ACTING PRESIDENT MAYER: The bill
22 is laid aside.
23 THE SECRETARY: Calendar Number
24 434, Senate Print 4072, by Senator Hinchey, an
25 act to amend the Agriculture and Markets Law.
1152
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 63.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 544, Senate Print 8059A, by Senator Bailey, an
15 act to amend the Agriculture and Markets Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 8. This
19 act shall take effect on the 90th day after it
20 shall have become a law.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Senator
25 Bailey to explain his vote.
1153
1 SENATOR BAILEY: Thank you,
2 Madam President.
3 I want to thank our chair of the
4 Agriculture Committee, Senator Hinchey, and
5 Madam Leader for letting us advance this bill.
6 Sports, music and food are some of
7 the things that unite us in this state. And when
8 we're talking about food, it's important to make
9 sure that we're reuniting upstate and downstate,
10 but also not just rural and suburban, but also
11 urban.
12 And so in spaces like the Bronx,
13 New York, where I hail from -- and you all know
14 that I hail from the Bronx, New York -- it's
15 important and it's imperative to make sure that
16 we're doing things in order to facilitate urban
17 agriculture, including but not limited to things
18 like urban farms and vertical farming, and just
19 making sure that the spaces that we have in urban
20 environments are available for us to be able to
21 grow food.
22 And growing food is incredibly
23 important and critical to our growth, literally
24 and figuratively. And so I'm appreciative of all
25 my colleagues in this body for supporting this
1154
1 important piece of legislation, and I proudly
2 vote aye, Madam President.
3 ACTING PRESIDENT MAYER: Senator
4 Bailey to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 583, Assembly Print Number 3954B, by
11 Assemblymember Thiele, an act to amend the
12 Agriculture and Markets Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 592, Senate Print 3502A, by Senator Hinchey, an
2 act to amend the Tax Law.
3 ACTING PRESIDENT MAYER: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAYER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MAYER: Announce
11 the results.
12 THE SECRETARY: Ayes, 63.
13 ACTING PRESIDENT MAYER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 602, Senate Print 6808A, by Senator Hinchey, an
17 act to amend the State Finance Law.
18 (Pause.)
19 ACTING PRESIDENT MAYER: We're
20 returning to Calendar Number 592.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 592, Senate Print --
24 SENATOR GIANARIS: Madam President.
25 ACTING PRESIDENT MAYER: Yes,
1156
1 Senator Gianaris.
2 SENATOR GIANARIS: Can we move to
3 reconsider the vote on Calendar 592, please.
4 ACTING PRESIDENT MAYER: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 592, Senate Print 3502A, by Senator Hinchey, an
8 act to amend the Tax Law.
9 SENATOR LANZA: Lay it aside.
10 ACTING PRESIDENT MAYER: The bill
11 is laid aside.
12 THE SECRETARY: Calendar Number
13 602, Senate Print 6808A, by Senator Hinchey, an
14 act to amend the State Finance Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect one year after it shall
19 have become a law.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Senator
24 Hinchey to explain her vote.
25 SENATOR HINCHEY: Thank you,
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1 Madam President.
2 You know, New York is an ag state,
3 and it's incredibly important that we do
4 everything we can to protect our agricultural
5 economy and the small and midsized family farms
6 that enable it.
7 And this bill sets for the first
8 time -- or updates our procurement laws for the
9 first time since the 1970s, and for the first
10 time sets procurement goals for New York State
11 food products across New York State agencies.
12 This actually puts our state money
13 where our mouth is, making sure that we are
14 investing back in local businesses, that we are
15 making sure that our communities are eating
16 local. Anyone who's operating or using services
17 from state agencies will now know that they are
18 eating fresh, healthy food produced right here in
19 New York State.
20 To me, that is really exciting.
21 It's a great way to expand markets for our
22 farmers, and it's a great way to make sure that
23 everyone across our state is eating locally
24 sourced, healthy food.
25 So I thank the leadership for
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1 bringing this bill forward and my colleagues for
2 their support, and for that reason I vote aye.
3 ACTING PRESIDENT MAYER: Senator
4 Hinchey to be recorded in the affirmative.
5 Announce the results.
6 THE SECRETARY: Ayes, 63.
7 ACTING PRESIDENT MAYER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 616, Senate Print 5006, by Senator Serrano, an
11 act to amend the Parks, Recreation and Historic
12 Preservation Law.
13 ACTING PRESIDENT MAYER: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAYER: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAYER: Announce
21 the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT MAYER: The bill
24 is passed.
25 ACTING PRESIDENT BAILEY: That
1159
1 completes the reading of today's calendar.
2 Senator Gianaris.
3 SENATOR GIANARIS: Mr. President,
4 just a procedural matter. Can we go back and --
5 I don't think we actually voted on the motion to
6 reconsider Calendar 592. So can we please take
7 that up.
8 ACTING PRESIDENT BAILEY: Calendar
9 Number 592, the Secretary will read.
10 THE SECRETARY: Calendar Number
11 592, Senate Print 3502A, by Senator Hinchey, an
12 act to amend the Tax Law.
13 SENATOR GIANARIS: Move to
14 reconsider the vote by which the bill was passed,
15 Mr. President.
16 ACTING PRESIDENT BAILEY: Call the
17 roll on reconsideration.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 63.
20 ACTING PRESIDENT BAILEY: The bill
21 is restored to its place on the Third Reading
22 Calendar.
23 SENATOR GIANARIS: Can we now take
24 up Calendar 592, please.
25 ACTING PRESIDENT BAILEY: The
1160
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 592, Senate Print 3502A, by Senator Hinchey, an
4 act to amend the Tax Law.
5 SENATOR LANZA: Lay it aside.
6 ACTING PRESIDENT BAILEY: The bill
7 has been laid aside.
8 That completes the reading of
9 today's noncontroversial calendar.
10 SENATOR GIANARIS: Thank you,
11 Mr. President.
12 At this time I think there's a
13 report of the Finance Committee at the desk. Can
14 we please take it up and recognize
15 Senator Krueger.
16 SENATOR O'MARA: The Secretary will
17 read.
18 THE SECRETARY: Senator Krueger,
19 from the Committee on Finance, reports the
20 following nomination.
21 As Commissioner of the Office of
22 Temporary and Disability Assistance, Daniel W.
23 Tietz.
24 SENATOR KRUEGER: Thank you,
25 Mr. President.
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1 I'm very pleased to be here today to
2 move the nomination of Daniel W. Tietz to the
3 position of the commissioner of the Office of
4 Temporary and Disability Assistance on the floor
5 today. He has moved through both the Committee
6 on Social Services and the Committee on Finance.
7 Many of us here in the Senate know
8 Daniel Tietz from any number of other positions
9 he has held in the state government, in the city
10 government, in the city not-for-profit sector.
11 OTDA is an extraordinarily large
12 agency with vast responsibilities overseeing
13 social service agencies throughout the State of
14 New York. And I have to say Kathy Hochul has
15 truly sent us someone who is qualified for this
16 position.
17 Most recently, the acting
18 commissioner served as the interim CEO for the
19 Bronx Parent Housing Network, a provider of
20 emergency shelter and social services to over
21 2,000 individuals in more than a dozen
22 facilities. He was also appointed by the
23 New York State Supreme Court to serve as the
24 temporary receiver CEO of the organization
25 Children's Community Services.
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1 He previously served as the CEO of
2 Bailey House, a community-based organization with
3 a nearly 40-year history of providing housing and
4 essential supportive services to individuals and
5 families with HIV/AIDS and other chronic
6 conditions.
7 Prior to that, Acting Commissioner
8 Tietz served as the chief special services
9 officer to New York City's Department of Social
10 Services' Human Resources Administration from
11 June 2014 to October 2017, where Mr. Tietz
12 oversaw programs that focused on the most
13 vulnerable New Yorkers, including day-to-day
14 shelter and intake operations for approximately
15 60,000 New Yorkers experiencing homelessness.
16 Earlier in his career, he served as
17 executive director for ACRIA, a national HIV
18 research, education and advocacy organization,
19 and also as deputy executive director for the
20 Coalition for the Homeless and as the deputy
21 executive director for Housing Works, all of
22 which are based in New York City, among other
23 positions.
24 He has long advocated for the rights
25 of the LGBTQI community for social justice
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1 concerns and for social service needs. He is an
2 attorney and a registered nurse. He received his
3 J.D. from the New England Law School and a B.A.
4 in legal services from the University of
5 Massachusetts-Boston, and as an RN from the
6 Milwaukee County General Hospital School of
7 Nursing.
8 I actually didn't know he was a
9 registered nurse until just the other day.
10 And during the Finance Committee
11 meeting, quite a few of my colleague Senators
12 talked about their personal relationship working
13 with him over the years and how extraordinarily
14 committed he is to ensuring the best interests
15 and the best programs for the lowest-income
16 New Yorkers, who need our help more than any
17 other New Yorkers.
18 So I am very pleased to stand here
19 and move his nomination, and I hope my colleagues
20 will join me in that. Thank you, Mr. President.
21 There may be some other Senators who
22 wish to speak.
23 ACTING PRESIDENT BAILEY: Thank
24 you, Senator Krueger.
25 Senator Persaud on the nomination.
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1 SENATOR PERSAUD: Thank you,
2 Mr. President.
3 Like my colleague, I am here to
4 thank Governor Hochul for this nomination.
5 Daniel W. Tietz is qualified -- overqualified,
6 and his heart is in the right place. He will
7 lead the agency with empathy. He understands the
8 needs of the most vulnerable New Yorkers. And
9 the conversations we've had prior to his
10 nomination -- his confirmation hearing
11 yesterday -- have been admirable.
12 We have had conversations, and he
13 gets it. He -- again, he understands the needs
14 of New Yorkers, whether it's -- you know, as my
15 colleague said, we found out -- every time I
16 speak with him I find out something new, and
17 something that will really, really help him as he
18 leads the agency. Yes, as an RN, wow. As a
19 lawyer, wow. Worked in homeless services, wow.
20 All of these issues are issues that
21 New York State has to face. He knows what the
22 homeless population needs. He knows what we need
23 to do so that we decrease the homeless
24 population. He knows what social services we
25 need to have in place for the homeless
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1 population. All of those things he understands,
2 and he has pledged to do so.
3 So the Social Services Committee
4 met. I don't think there was anyone there who
5 did not have something complimentary to say about
6 the incoming commissioner. That's a testament to
7 his character.
8 And for anyone who didn't know, he's
9 a farm boy. So any of my colleagues here who are
10 farmers, you have someone there who understands
11 the needs of farmers. So we know the farming
12 community has social services needs; he
13 understands that.
14 So on behalf of the Social Services
15 Committee, I am proud to move his nomination and
16 look forward to working with him in his capacity
17 as the commissioner. Because at this pivotal
18 time, he is the right person for the job.
19 Thank you, Mr. President.
20 ACTING PRESIDENT BAILEY: Thank
21 you, Senator Persaud.
22 Senator Brisport on the nomination.
23 SENATOR BRISPORT: Thank you,
24 Mr. President.
25 I rise in part to note the
1166
1 particular significance of Daniel W. Tietz's long
2 history of advocating for LGBTQ+ people, his
3 phenomenal work at the New Pride Agenda and the
4 value of confirming a commissioner of the Office
5 of Temporary and Disability Assistance who truly
6 understands the intersectionality of poverty and
7 LGBTQ+ issues.
8 But for those who don't understand
9 that intersection, let me break it down for you.
10 As a result of discrimination and marginalization
11 by families, by employers, and by landlords and,
12 truly, the world at large, a dramatically
13 disproportionate number of queer people face
14 poverty and homelessness. Now that the
15 revitalized wave of anti-queer -- especially
16 anti-trans -- rhetoric, sentiment, legislation
17 and appointments is sweeping our nation, we can
18 expect a correlated rise in poverty and
19 homelessness among LGBTQ+ people.
20 At the same time, New Yorkers at
21 large are experiencing an ever-worsening
22 homelessness crisis, recently compounded by the
23 expiration of the eviction moratorium. They are
24 struggling under the weight of a decade of budget
25 cuts, along with two years of a brutal pandemic.
1167
1 Meanwhile, disabled people continue
2 to face a world that treats their frequent
3 exclusion from housing and employment as somehow
4 insignificant or acceptable.
5 Today we have the opportunity to
6 confirm a supremely qualified commissioner of
7 OTDA. And in the coming weeks, we must also meet
8 our responsibility as a legislature to ensure
9 that Mr. Tietz and OTDA are positioned to succeed
10 by raising new revenue to properly fund OTDA.
11 Mr. President, I proudly vote aye on
12 the confirmation of Daniel W. Tietz.
13 ACTING PRESIDENT BAILEY: Thank
14 you, Senator Brisport.
15 Senator Hoylman on the nomination.
16 SENATOR HOYLMAN: Thank you,
17 Mr. President.
18 I just rise to second my colleagues'
19 support for this nomination. I want to
20 congratulate the Governor for her reaching into
21 the trenches and finding an advocate who is so
22 professionally qualified, who understands the
23 challenges that are faced not just by LGBTQIA
24 New Yorkers, but so many New Yorkers in the area
25 of housing and healthcare.
1168
1 Because fundamentally, housing is a
2 human right. And we have a new commissioner who
3 not only understands that but has advocated for
4 that for the last multiple decades. I'm proud to
5 have been in rooms where I've seen Dan Tietz
6 exemplify the best of my community, but the best
7 of advocacy among New Yorkers.
8 So again, I congratulate Dan and his
9 family and friends for this ascension, and I know
10 we'll be working closely together with all of our
11 colleagues here on behalf of our constituents.
12 And again, thank and congratulate the Governor on
13 this incredibly important appointment.
14 I support the nomination.
15 ACTING PRESIDENT BAILEY: Thank
16 you, Senator Hoylman.
17 Senator Savino on the nomination.
18 SENATOR SAVINO: Thank you,
19 Mr. President.
20 I also want to congratulate
21 Governor Hochul on an incredibly qualified
22 candidate to be the commissioner of the Office of
23 Temporary and Disability Services. You know, Dan
24 Tietz is uniquely qualified because not only has
25 he been in the social service field for 35 years,
1169
1 he's touched upon just about every aspect of it.
2 So many people come before us to be
3 confirmed to run agencies, and they know a little
4 bit about how that agency operates or they've
5 worked in some aspect of it. But when you look
6 at his resume, you see he's experienced. As
7 Senator Krueger said, he's an attorney and he's a
8 nurse, but he's also worked with children. He's
9 worked with the homeless. He's worked with HIV
10 and AIDS. He's been in the public sector, he's
11 been in the private sector.
12 He can tell you about the days when
13 the super agencies existed, when it was the
14 Department of Social Services on the state level
15 and HRA on the city level, before we began to
16 break them down and silo them.
17 But he understands, probably better
18 than any commissioner coming into this job, that
19 every family that touches OTDA or touches HRA is
20 cross-systemized by three or four other agencies.
21 And the challenges they face when they're dealing
22 with one agency is often not reflected with the
23 other agency.
24 He brings that unique perspective.
25 And I think he's going to do some really good
1170
1 things that no commissioner before him has done,
2 because he's been in all of those places.
3 And he has another unique challenge
4 ahead of him. You're going to have to figure out
5 how to bring OTDA and its children agencies, the
6 local governments and HRA, into the 20th century
7 with respect to technology. We'll worry about
8 the 21st century maybe next year.
9 But their legacy systems are
10 ancient, they're failing -- yes, we can laugh
11 about that. Bringing them up to speed,
12 protecting the information of millions of
13 New Yorkers is incredibly important in an era
14 where cybersecurity is a constant, imminent
15 threat.
16 That is going to be your challenge,
17 and to do it all and provide services to people
18 in a compassionate way. If anybody can do it,
19 you can.
20 So congratulations to you, Dan, to
21 your family, and to Governor Hochul on this
22 really important pick.
23 Thank you, Mr. President.
24 ACTING PRESIDENT BAILEY: Thank
25 you, Senator Savino.
1171
1 The question is on the nomination.
2 Call the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BAILEY: Announce
5 the results.
6 THE SECRETARY: Those Senators
7 voting in the negative on the nomination are
8 Senators Borrello, Griffo, Helming, Jordan, Ortt,
9 Stec and Tedisco.
10 ACTING PRESIDENT BAILEY: The
11 nominee is confirmed.
12 Commissioner Tietz, please rise and
13 be recognized.
14 (Standing ovation.)
15 ACTING PRESIDENT BAILEY: Senator
16 Gianaris.
17 SENATOR GIANARIS: Thank you,
18 Mr. President.
19 At this time can we go to the
20 controversial calendar.
21 ACTING PRESIDENT BAILEY: The
22 Secretary will ring the bell.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 430, Senate Print 7861, by Senator May, an act to
1172
1 direct the Department of Agriculture and Markets
2 to develop and produce guidance and educational
3 materials.
4 ACTING PRESIDENT BAILEY: Senator
5 Lanza, why do you rise?
6 SENATOR LANZA: Mr. President, I
7 believe there's an amendment at the desk. I
8 waive the reading of that amendment and ask that
9 Senator Oberacker be recognized and heard.
10 ACTING PRESIDENT BAILEY: Thank
11 you, Senator Lanza.
12 Upon review of the amendment, in
13 accordance with Rule 6, Section 4B, I rule it
14 nongermane and out of order at this time.
15 SENATOR LANZA: Accordingly,
16 Mr. President, I appeal the ruling of the chair
17 and ask that Senator Oberacker be recognized.
18 And when Senator Oberacker completes
19 his argument, I ask that you recognize
20 Senator Tedisco.
21 ACTING PRESIDENT BAILEY: The
22 appeal has been made and recognized, and
23 Senators Oberacker and Tedisco may be heard.
24 Senator Oberacker.
25 SENATOR OBERACKER: Thank you,
1173
1 Mr. President.
2 I rise to appeal the ruling of the
3 chair. The proposed amendment is germane to the
4 bill at hand because the bill at hand requires
5 the Department of Agriculture and Markets and
6 NYSERDA to develop and produce guidance and
7 educational materials on the use of the
8 collocation of solar power systems on active
9 farmland to help with reduced energy costs.
10 The amendment would suspend the
11 state's gas tax, providing direct, immediate and
12 much-needed relief to New Yorkers across the
13 state. New Yorkers are dealing with record gas
14 prices at a time when inflation has hit a 40-year
15 high. Suspending the gas tax is a simple,
16 straightforward proposal that will help everyone
17 who drives to work, to pick up groceries, and to
18 take their kids to school.
19 It will also help our economy.
20 Manufacturers, our vital tourism industry, and
21 every single business across the state is being
22 hit with higher costs. None are suffering more
23 than our family farms. Right now, as we sit here
24 in this chamber and pass an agricultural package,
25 our farmers are struggling. While educating them
1174
1 about solar opportunities is nice, what they
2 really need is immediate relief -- immediate
3 relief from the high costs of staying in
4 business.
5 Farmers are working on their budgets
6 for the spring planting season and the summer and
7 fall harvests. The rising gas prices are really
8 playing havoc with their bottom line. At a time
9 when our farmers are already faced with looming
10 increases and labor costs due to an ill-advised
11 overtime policy, rising gas prices are further
12 compounding their pain.
13 Just this week alone, gas prices
14 have skyrocketed to over $4.50 a gallon. And in
15 some areas of the state, diesel is over $5 per
16 gallon.
17 While a more long-term solution to
18 this issue is establishing the United States as
19 energy independent -- as we were as recently as
20 2019 and 2020 -- this amendment will help in the
21 short term.
22 Here's a shock. In a high-tax state
23 like New York, we have the fifth-highest gas tax
24 in the nation -- nearly 50 cents, 45 cents of
25 which goes directly into the New York State
1175
1 coffers.
2 Suspending this tax will save
3 working moms and senior citizens while filling up
4 a 20-gallon tank. This is real money. This is
5 real money. And it's going back into the pockets
6 of hardworking New Yorkers.
7 We owe it to every New Yorker to
8 make ends meet during this time of unprecedented
9 inflation. We can't idly stand by while our
10 friends, our family and our neighbors are
11 suffering from economic turmoil. If we don't
12 pass this amendment, which will help out so many,
13 it's because the Majority chose to put politics
14 over people.
15 I urge all my members of the Senate
16 to support this commonsense amendment to suspend
17 the state's gas tax, which would help provide
18 immediate and direct relief to hardworking
19 New Yorkers. For this reason, Mr. President, I
20 strongly urge you to reconsider your ruling.
21 Thank you.
22 ACTING PRESIDENT BAILEY: Senator
23 Tedisco.
24 SENATOR TEDISCO: Thank you,
25 Mr. President and my colleagues.
1176
1 Mr. President, I not only hope that
2 you defend this amendment and call it germane;
3 this is necessary that you do that. It's
4 appropriate. It's the right thing. It's not the
5 right thing for Republican members on this side
6 of the aisle to help our beleaguered taxpayers in
7 this highly and unbelievable inflation
8 environment, it's for yours and our constituents
9 here.
10 The gas tax is now, was, and always
11 will be an egregious and discriminatory tax.
12 I'll talk a little bit about why that is later.
13 And I'm hoping that my colleagues
14 will stand up for your constituents during this
15 time of inflation when there's unbelievable
16 pressure at the pumps for them, as has been
17 mentioned, to get to their jobs, to get their
18 kids to school, to get to their doctor's offices,
19 to do the things they have to do, middle- and
20 lower-income individuals who aren't millionaires
21 or billionaires who don't care, who don't have a
22 business and can pay whatever they want to pay
23 for a gallon of gasoline.
24 But I have to tell you, I'm not
25 going to be surprised if you do declare that.
1177
1 And I hope you don't, and my colleagues allow
2 this to happen. Because, my colleagues, you know
3 that 319,000 people walked out of the State of
4 New York last year. They voted with their feet.
5 You know we're number one or two totalistically,
6 holistically in taxes, the New York -- State of
7 New York. You know we're number one, and that's
8 for sure, in Tax Freedom Day. And this is
9 another tax that adds up to making that possible.
10 And for my constituents and
11 everybody listening, I know most of you know
12 that. I've mentioned it before. Tax Freedom Day
13 is when any of the workers who toil in New York
14 State actually take a dollar home that doesn't go
15 to taxes here in New York State. It's the middle
16 to the end of May, close to five months. You're
17 not free from taxes close to five months in
18 New York State. And this adds to that during a
19 time of inflation.
20 It's unconscionable to say we'll
21 continue on 4 to $4.5 for a gallon of gasoline
22 before the tax is put on it. It's moving towards
23 $5. And listen, we should never have to wait
24 until it's 4 to $4.5 to say we have to eliminate
25 the taxes on it. We never should have put taxes
1178
1 on gasoline. It's essential. Now, it may not be
2 essential when you have mass transportation in
3 subways and you can get to work and you can get
4 to the doctor. It's essential for upstate
5 New York.
6 And I have to go back a little bit
7 in years to illustrate the difference between the
8 way we feel about this type of tax and taxes in
9 general, and I think the way you feel.
10 In 2008 -- there were two members I
11 think on this floor who are here now, Senator
12 Lanza and Senator Griffo. In 2008 I was in the
13 New York State Assembly. This is a release I put
14 out in the New York State Assembly with the bill
15 that Senator Lanza and Senator Griffo passed on
16 the floor in 2008. "Tedisco: Assembly full of
17 baloney while taxpayers are running on empty."
18 To suspend the gasoline tax in 2008. But we did
19 it again in 2011. I sponsored it again. It
20 passed in 2008; it didn't pass in the Assembly.
21 No Republicans were there in the majority.
22 2011, put a bill in to suspend the
23 tax. It passed the New York State Senate.
24 Senator Greg Ball carried the bill then.
25 I'm proud of the fact this is the
1179
1 third time -- this Senate, twice with the
2 Republican majority, able to pass it. This time
3 I hope we're able to pass it with the support of
4 the Majority on the other side who is in control
5 now here, in the Assembly, all levers of power,
6 and in the Governor's office. This will show
7 what your levers of power will do to the
8 taxpayers of New York State. Because when the
9 majority was here with the Republicans, it passed
10 twice already -- and I sponsored it first -- in
11 the New York State Senate, in 2008, in 2011.
12 This is a discriminatory tax. It's
13 egregious. It shouldn't have been there in 2008,
14 it shouldn't have been there in 2011. It
15 shouldn't be here now in 2022. It should be
16 suspended right now. But there's a clear
17 definition of who cares about their taxpayers and
18 what you do to take care of them.
19 Ironically, I sat on that side over
20 there when I was in the majority here for two
21 years. A very short time. Okay? Now I'm on
22 this side of the aisle. And let me tell you what
23 the irony is. Look what I found in this drawer.
24 That's Beano. Maybe that's what the Democrats
25 think they should give to the taxpayers they
1180
1 represent.
2 But that's not the type of gas pain
3 which my constituents are having right now.
4 They're having pain at the pump. They don't need
5 Beano. What they need is the suspension of the
6 gas tax at the pump. And this is the only people
7 in town on this side of the aisle. My good
8 friend on the other side brought it out. I
9 appreciate for him. I brought it out 11 years
10 ago. We'll bring it out again every day if we
11 have to.
12 Think about it. Think about how
13 egregious this tax is -- really for everybody,
14 but especially for upstate New York. They don't
15 need Beano, my colleagues, they need a real
16 elimination of that tax.
17 I would ask you to think about the
18 people driving all over this state to get to
19 work, to get their kids to school, to get the
20 groceries, as has been mentioned. And please,
21 don't just say this isn't germane because you
22 have levers of power here, in the Assembly, and
23 in the Governor's office. Stand up for your
24 constituents and tell them you can help them by
25 eliminating this egregious and geographically
1181
1 discriminatory tax. Because it's geographically
2 discriminatory more in upstate New York.
3 I ask you to support this amendment.
4 ACTING PRESIDENT BAILEY: Thank
5 you, Senators Tedisco and Oberacker.
6 I want to remind the house that the
7 vote is on the procedures of the house and the
8 ruling of the chair.
9 Those in favor of overruling the
10 chair, signify by saying aye.
11 SENATOR LANZA: Request a show of
12 hands.
13 SENATOR GIANARIS: Mr. President,
14 as an initial matter, I want to point out that
15 Senator Tedisco is sitting in my old seat. But
16 that is not my Beano in your desk, I promise you.
17 (Laughter.)
18 SENATOR TEDISCO: You might have
19 been a little gassy that day --
20 (Laughter.)
21 SENATOR GIANARIS: We've agreed to
22 waive -- we have agreed to waive the showing of
23 hands and record each member of the Minority in
24 the affirmative.
25 ACTING PRESIDENT BAILEY: Without
1182
1 objection, it will Beano so ordered.
2 (Laughter.)
3 ACTING PRESIDENT BAILEY: Announce
4 the results.
5 THE SECRETARY: Ayes, 20.
6 ACTING PRESIDENT BAILEY: The
7 ruling of the chair stands, and the bill-in-chief
8 is before the house.
9 The Secretary will ring the bell.
10 Read the last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BAILEY: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BAILEY: Senator
17 May to explain her vote.
18 SENATOR MAY: Thank you,
19 Mr. President.
20 I rise to explain my vote on this
21 bill and the whole package of bills. I
22 congratulate Senator Hinchey on bringing this
23 whole package forward to support our farmers here
24 in New York State.
25 This bill has a fancy name,
1183
1 agrivoltaics, but what that means is that
2 farmers -- it will help farmers to both grow food
3 and produce energy at the same time on their
4 farms. Which provides farmers with a diversified
5 source of income, which can be critical when you
6 have flooding or other disasters that may make it
7 hard to produce food.
8 It's something that's working very
9 well in Germany in particular, but elsewhere in
10 the world as well. And at this moment, when we
11 see what it means to have dependence on foreign
12 oil, especially on oil from countries run by
13 dictators, anything we can do to be producing
14 more green energy and getting ourselves off of
15 foreign oil is a positive thing.
16 So I am grateful to my colleagues
17 for bringing this bill forward and for supporting
18 it, and I vote aye.
19 ACTING PRESIDENT BAILEY: Senator
20 May to be recorded in the affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 63.
23 ACTING PRESIDENT BAILEY: The bill
24 is passed.
25 The Secretary will read.
1184
1 THE SECRETARY: Calendar Number
2 592, Senate Print 3502A, by Senator Hinchey, an
3 act to amend the Tax Law.
4 ACTING PRESIDENT BAILEY: Senator
5 Lanza, why do you rise?
6 SENATOR LANZA: Mr. President, I
7 believe there's an amendment at the desk. I
8 waive the reading of that amendment and ask that
9 you recognize Senator Borrello.
10 ACTING PRESIDENT BAILEY: Thank
11 you, Senator Lanza.
12 Upon review of the amendment, in
13 accordance with Rule 6, Section 4B, I rule it
14 nongermane and out of order at this time.
15 SENATOR LANZA: Accordingly,
16 Mr. President, I appeal the ruling of the chair
17 and ask that you recognize Senator Borrello.
18 ACTING PRESIDENT BAILEY: The
19 appeal has been made and recognized, and Senator
20 Borrello may be heard.
21 SENATOR BORRELLO: Thank you,
22 Mr. President.
23 I rise today to -- the proposed
24 amendment is germane to the bill at hand because
25 the bill at hand creates a farm workforce
1185
1 retention credit, and the amendment before us
2 would help remedy the issues of workforce
3 retention specifically.
4 This amendment would remove the
5 Farm Labor Board. This Labor Board was
6 created -- this three-person, non-elected board
7 was created under the Farm Labor Act. And it has
8 been the key in the handwringing and the pain
9 that the members of agriculture are experiencing
10 as they have waited a long time for the result.
11 This three-person, unelected board
12 has the power to take the threshold from 60 hours
13 a week down to 40. And they have recently
14 decided -- after ignoring hours of testimony by
15 farmers, by farmworkers, they recently voted to
16 ignore the words of those folks in agriculture
17 and recommend the lowering of that threshold.
18 This amendment will remove their
19 power to give that recommendation to the
20 Governor.
21 You know, the reality is, is that
22 all stakeholders here, everyone in New York State
23 that depends on agriculture knows how harmful
24 this would be, but no one more importantly than
25 our farmworkers. Seventy percent of those
1186
1 testified that this would be harmful to them.
2 They're actually making less, not more, under
3 60 hours. And what will happen when it goes to
4 40 hours? Well, quite frankly, it's going to be
5 a true workforce crisis.
6 So we're trying to pass a bill today
7 that wants to give a tax credit to retain workers
8 when we're going to actually be driving them out
9 through the actions of the Wage Board.
10 Cornell University, one of the most
11 respected agricultural universities in the
12 nation, did a state-sponsored study to look at
13 this topic. And what did they come back with?
14 Well, they came back with a lot of frightening
15 things. First and foremost, two-thirds of dairy
16 farmers would move out of milk production or
17 abandon agriculture altogether, entirely, if the
18 40-hour threshold is enacted. Half of the fruit
19 and vegetable farmers interviewed said that they
20 would scale back their operations or leave the
21 industry altogether.
22 And here's the best part. Seventy
23 percent of the guest workers, the people that we
24 claim to be helping with this, have said that
25 they would consider moving to another state and
1187
1 not even coming to New York. It's hard to have a
2 tax credit when you aren't going to have workers
3 to begin with.
4 Do we really need a taxpayer-funded
5 credit, or do we need to just simply eliminate
6 the Wage Board and stick to the deal that this
7 Legislature agreed to when they passed that bill,
8 60 hours, and instead slipped something in with
9 this three-person Wage Board? Only one of the
10 three is actually in agriculture.
11 It was a rigged process to begin
12 with. And it's denying not only our farmers but
13 our farmworkers the justice that they deserve.
14 They've all said they're making less money -- the
15 farmers and the farmworkers.
16 So by passing this amendment today,
17 eliminating the Wage Board, we will not only
18 stick to the deal that we made originally in this
19 house -- before me -- but it will also ensure
20 that agriculture can actually not just survive
21 but thrive here in New York State.
22 So for these reasons, Mr. President,
23 I strongly urge you to reconsider your ruling.
24 Thank you.
25 ACTING PRESIDENT BAILEY: Thank
1188
1 you, Senator.
2 I want to remind the house that the
3 vote is on the procedures of the house and the
4 ruling of the chair.
5 Those in favor of overruling the
6 chair, signify by saying aye.
7 SENATOR LANZA: Request a show of
8 hands, please.
9 SENATOR GIANARIS: We've agreed,
10 once again, to waive the showing of hands and
11 record each member of the Minority in the
12 affirmative.
13 ACTING PRESIDENT BAILEY: Without
14 objection, so ordered.
15 Announce the results.
16 THE SECRETARY: Ayes, 20.
17 ACTING PRESIDENT BAILEY: The
18 ruling of the chair stands, and the bill-in-chief
19 is before the house.
20 The Secretary will ring the bell.
21 Read the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BAILEY: Call the
25 roll.
1189
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BAILEY: Announce
3 the results.
4 THE SECRETARY: Ayes, 63.
5 ACTING PRESIDENT BAILEY: The bill
6 is passed.
7 Senator Gianaris, that completes the
8 reading of today's controversial calendar.
9 ACTING PRESIDENT BAILEY: Is there
10 any further business at the desk?
11 ACTING PRESIDENT BAILEY: There is
12 no further business at the desk.
13 SENATOR GIANARIS: There will be an
14 immediate and virtual meeting of the Democratic
15 Conference upon the adjournment of session.
16 And with that, I move to adjourn
17 until tomorrow, Thursday, March 10th, at
18 11:00 a.m.
19 ACTING PRESIDENT BAILEY: There
20 will be an immediate virtual meeting of the
21 Senate Democratic Conference immediately
22 following session.
23 On motion, the Senate stands
24 adjourned until Thursday, March 10th, at
25 11:00 a.m.
1190
1 (Whereupon, the Senate adjourned at
2 4:24 p.m.)
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