Regular Session - April 8, 2022

                                                                   2119

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    April 8, 2022

11                      9:36 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR BRIAN A. BENJAMIN, President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               2120

 1                P R O C E E D I N G S

 2                 THE PRESIDENT:   The Senate will 

 3    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                 THE PRESIDENT:   In the absence of 

 9    clergy, let us bow our heads in a moment of 

10    silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 THE PRESIDENT:   Reading of the 

14    Journal.

15                 THE SECRETARY:   In Senate, 

16    Thursday, April 7, 2022, the Senate met pursuant 

17    to adjournment.  The Journal of Wednesday, 

18    April 6, 2022, was read and approved.  On motion, 

19    the Senate adjourned.

20                 THE PRESIDENT:   Without objection, 

21    the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 Messages from the Governor.  

25                 Reports of standing committees.


                                                               2121

 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Mr. President, 

 7    we're going to begin by calling a meeting of the 

 8    Finance Committee in Room 332.

 9                 THE PRESIDENT:   There will be an 

10    immediate meeting of the Finance Committee in 

11    Room 332.

12                 The Senate will stand at ease.

13                 (Whereupon, the Senate stood at ease 

14    at 9:37 a.m.)

15                 (Whereupon, the Senate reconvened at 

16    10:01 a.m.)

17                 THE PRESIDENT:   The Senate will 

18    return to order.

19                 Senator Gianaris.

20                 SENATOR GIANARIS:   There's a report 

21    of the Finance Committee at the desk.  

22                 Can we please take that up.

23                 THE PRESIDENT:  The Secretary will 

24    read.  

25                 THE SECRETARY:   Senator Krueger, 


                                                               2122

 1    from the Committee on Finance, reports the 

 2    following bills:  

 3                 Senate Print 8001A, Senate Budget 

 4    Bill, an act making appropriations for the 

 5    support of government; 

 6                 Senate Print 8008C, Senate Budget 

 7    Bill, enacts into law major components of 

 8    legislation necessary to implement the state 

 9    transportation, economic development and 

10    environmental conservation budget.

11                 SENATOR GIANARIS:   Move to accept 

12    the report of the Finance Committee.

13                 THE PRESIDENT:   All those in favor 

14    of accepting the report of the Finance Committee 

15    signify by saying aye.

16                 (Response of "Aye.")

17                 THE PRESIDENT:   Opposed, nay.

18                 (No response.)

19                 THE PRESIDENT:   The report is 

20    accepted.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Let's take up 

23    the supplemental calendar, please.

24                 THE PRESIDENT:   The Secretary will 

25    read.


                                                               2123

 1                 THE SECRETARY:   Calendar Number 

 2    748, Senate Print 8001A, Senate Budget Bill, an 

 3    act making appropriations for the support of 

 4    government.

 5                 SENATOR LANZA:   Lay it aside.

 6                 THE PRESIDENT:   Lay it aside.

 7                 THE SECRETARY:   Calendar Number 

 8    749, Senate Print 8008C, Senate Budget Bill, an 

 9    act to amend the Public Authorities Law.

10                 SENATOR GIANARIS:   Is there a 

11    message of necessity at the desk?

12                 THE PRESIDENT:   There is a message 

13    of necessity at the desk.

14                 SENATOR GIANARIS:   Move to accept 

15    the message of necessity.

16                 THE PRESIDENT:   All those in favor 

17    of accepting the message of necessity please 

18    signify by saying aye.  

19                 (Response of "Aye.")

20                 THE PRESIDENT:   Opposed, nay.

21                 (Response of "Nay.")

22                 THE PRESIDENT:   The message is 

23    accepted, and the bill is before the house.

24                 SENATOR LANZA:   Lay it aside.

25                 THE PRESIDENT:   Lay it aside.


                                                               2124

 1                 That completes the reading of the 

 2    supplemental calendar.

 3                 SENATOR GIANARIS:   Move to the 

 4    controversial calendar.  

 5                 THE PRESIDENT:   The Secretary will 

 6    ring the bell -- 

 7                 SENATOR GIANARIS:   I'm sorry, 

 8    Mr. President, beginning with Calendar Number 

 9    749.

10                 THE PRESIDENT:   The Secretary will 

11    ring the bell.

12                 The Secretary will read.

13                 THE SECRETARY:   Calendar Number 

14    749, Senate Print 8008C, Senate Budget Bill, an 

15    act to amend the Public Authorities Law.

16                 THE PRESIDENT:   Senator Oberacker.

17                 SENATOR OBERACKER:   Thank you, 

18    Mr. President.

19                 I would like to ask some questions, 

20    if I could, on the Part MMM.

21                 THE PRESIDENT:   Does the sponsor 

22    yield?

23                 SENATOR KRUEGER:   Certainly.

24                 THE PRESIDENT:   The sponsor yields.

25                 SENATOR OBERACKER:   And good 


                                                               2125

 1    morning.

 2                 SENATOR KRUEGER:   Good morning.

 3                 SENATOR OBERACKER:   So back in 

 4    2019, our former governor introduced the fiber 

 5    optic tax.  In that same year we had one of my 

 6    colleagues -- I wasn't here at that time, but a 

 7    colleague nonetheless -- Senator Helming bring 

 8    forth legislation to repeal the fiber optic tax.  

 9                 So my first question, does this bill 

10    subject state-supported broadband projects to 

11    prevailing wage requirements?  

12                 SENATOR KRUEGER:   Yes, 

13    Mr. President, it does.

14                 SENATOR OBERACKER:   Through you, 

15    Mr. President, will the sponsor yield.

16                 THE PRESIDENT:   Does the sponsor 

17    yield?

18                 SENATOR KRUEGER:   Yes.

19                 THE PRESIDENT:   The sponsor yields.

20                 SENATOR OBERACKER:   Thank you.

21                 So does the -- does a project have 

22    to meet a certain threshold, it would be a total 

23    project cost, in order to be subjected to 

24    prevailing wage requirements?  

25                 SENATOR KRUEGER:   No.


                                                               2126

 1                 SENATOR OBERACKER:   Through you, 

 2    Mr. President, would the sponsor continue to 

 3    yield.

 4                 THE PRESIDENT:   Does the sponsor 

 5    yield?

 6                 SENATOR KRUEGER:   Absolutely.

 7                 THE PRESIDENT:   The sponsor yields.

 8                 SENATOR OBERACKER:   Thank you.

 9                 So if there's no threshold, is there 

10    any accounting for regional differences in the 

11    cost or the feasibility of the project?  

12                 SENATOR KRUEGER:   Through you, 

13    Mr. President, it's my understanding that the 

14    model of prevailing wage in State of New York is 

15    to be regionally driven.  So I think that that 

16    would be factored in under this law as well.

17                 SENATOR OBERACKER:   Thank you.

18                 Through you, Mr. President, would 

19    the sponsor continue to yield?

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR KRUEGER:   Yes.

23                 THE PRESIDENT:   The sponsor yields.

24                 SENATOR OBERACKER:   So with 

25    regional differences and cost feasibility 


                                                               2127

 1    projects, is there any consideration for those 

 2    factors that would have an effect on, say, an 

 3    overall project being put forth?

 4                 SENATOR KRUEGER:   I'm sorry, 

 5    Mr. President, we're not sure we understand the 

 6    question.  Could I ask the -- my colleague to 

 7    rephrase it?

 8                 THE PRESIDENT:   Sure.

 9                 SENATOR OBERACKER:   So with the 

10    idea of prevailing wage and if there is a -- 

11    there is no threshold, is that what I'm 

12    understanding to be correct?

13                 SENATOR KRUEGER:   Yes, there's no 

14    threshold based on project.  

15                 SENATOR OBERACKER:   So through you, 

16    Mr. President, if there is -- if there are -- is 

17    there any accounting?  Let me get my -- yes, let 

18    me get my head -- so is there any account for the 

19    regional differences in that cost or feasibility 

20    project as far as that is concerned?  

21                 SENATOR KRUEGER:   So of course this 

22    is being paid for with grant funds from the 

23    state, so we have to believe that the state would 

24    adjust for regional cost differences for 

25    different projects in what they allocate per 


                                                               2128

 1    grant.

 2                 SENATOR OBERACKER:   Thank you.  

 3                 Through you, Mr. President, would 

 4    the sponsor continue to yield.

 5                 THE PRESIDENT:   Does the sponsor 

 6    yield? 

 7                 SENATOR KRUEGER:   Yes.

 8                 THE PRESIDENT:   The sponsor yields.

 9                 SENATOR OBERACKER:   So I'm happy to 

10    see that the fiber tax is being eliminated.  And 

11    of course our conference has, on the onset, 

12    opposed this.

13                 Do you feel broadband projects are 

14    more feasible in rural and underserved 

15    communities after the passage of this budget?  

16                 SENATOR KRUEGER:   Through you, 

17    Mr. President.  Yes, I proudly do.  

18                 I think we are all very aware that 

19    New York State has been suffering from not having 

20    universal broadband coverage and the recognition 

21    that perhaps the more rural or least densely 

22    populated areas of the State of New York have 

23    been the last to be brought on to ensuring 

24    quality wireless service for themselves, which is 

25    now a necessity of our lives.  


                                                               2129

 1                 And so yes, there was a time where 

 2    perhaps we thought that having the tax would 

 3    provide adequate resources alone to make sure 

 4    that these projects got completed.  But as we 

 5    know, they have not, and it has been a source of 

 6    frustration to I think all of us in the 

 7    Legislature.

 8                 So we are very, very happy with the 

 9    outcome going into this budget and the agreement 

10    made between the Governor and the two houses, 

11    because we are confident that it's both going to 

12    speed up the process by which we complete the 

13    assignment of getting everywhere in New York 

14    State covered with broadband, that it actually 

15    assure decent-paying jobs for people working on 

16    ensuring this broadband is implemented statewide.  

17                 And of course the plus as well -- 

18    and I think it's one of the reasons that it's an 

19    additionally good investment by the State of 

20    New York -- is you then have people who are 

21    trained in high-tech new forms of communication 

22    who are available to go into the economy that is 

23    basically being driven by newer high-tech models 

24    of the kinds of workers they need.  

25                 So we're not only going to be 


                                                               2130

 1    speeding along the process by which we implement 

 2    broadband; we'll also be training a new universe 

 3    of workers in the exact skill sets that they are 

 4    needed in.  And so it should be actually helping 

 5    for longer-term job continuation while assuring 

 6    prevailing wages at the time they're doing this 

 7    work for the state.

 8                 SENATOR OBERACKER:   Thank you.

 9                 Through you, Mr. President, would 

10    the sponsor continue to yield.

11                 THE PRESIDENT:   Does the sponsor 

12    yield?

13                 SENATOR KRUEGER:   I will, but I 

14    just want to highlight I left out an important 

15    sentence.  

16                 We also provide $1.4 billion in 

17    funding to help get this done.  

18                 And now I'm happy to take the next 

19    question.

20                 SENATOR OBERACKER:   Thank you.  

21                 So as a former chair of public works 

22    in Otsego County, do we have some sort of an 

23    estimation as to what the added cost of 

24    subjecting these projects to prevailing wage 

25    would actually mean?


                                                               2131

 1                 SENATOR KRUEGER:   So the Department 

 2    of Labor will be determining the math for each 

 3    project area.  But there's no cost for the 

 4    counties.  

 5                 So perhaps I misunderstood you if 

 6    you were asking me about increased costs for the 

 7    counties from this project.

 8                 SENATOR OBERACKER:   Not per county, 

 9    just cost in general.

10                 SENATOR KRUEGER:   So yes, there is 

11    an assumption that we would see perhaps some 

12    increased overall cost, which we account for in 

13    the budget by providing the $1.4 billion.  

14                 But to make it clear this is not a 

15    new cost being passed on to the counties.

16                 SENATOR OBERACKER:   Thank you.

17                 Through you, Mr. President, would 

18    the sponsor continue to yield.

19                 THE PRESIDENT:   Does the sponsor 

20    yield? 

21                 SENATOR KRUEGER:   Yes.

22                 THE PRESIDENT:   The sponsor yields.

23                 SENATOR OBERACKER:   So are there 

24    any provisions within this bill related to the 

25    broadband projects or grant eligibility that 


                                                               2132

 1    would restrict this workforce pool in any way, 

 2    such as limiting out-of-state contractors?

 3                 SENATOR KRUEGER:   So the bill does 

 4    explicitly have preferences for local hires, but 

 5    there's nothing that explicitly says you can't 

 6    hire someone from out of the region or out of the 

 7    state.

 8                 SENATOR OBERACKER:   Thank you.  

 9                 Through you, Mr. President, would 

10    the sponsor continue to yield.

11                 THE PRESIDENT:   Does the sponsor 

12    yield?

13                 SENATOR KRUEGER:   Yes.

14                 THE PRESIDENT:   The sponsor yields.

15                 SENATOR OBERACKER:   So if we were 

16    to restrict the workforce in this manner, from an 

17    out-of-state to local in this manner, would it 

18    slow the deployment of those into the field and 

19    actually getting further hookups and increased 

20    services, or increasing costs?  Is there -- are 

21    we looking at slowing things down and increasing 

22    costs, basically, if we use that model?

23                 SENATOR KRUEGER:   So I certainly 

24    think the underlying intention of this entire 

25    bill is not to slow this down.  In fact, just the 


                                                               2133

 1    opposite.  There's been a frustration at how 

 2    slowly things have been moving, which is why this 

 3    whole package is in the budget.  

 4                 So I'm actually fairly confident 

 5    that with the new model and the supplemental 

 6    funds that we should see a speeding up of 

 7    projects throughout the state.

 8                 If you're asking the question 

 9    does -- well, I'm not sure the question is does 

10    allowing out-of-state or not allowing 

11    out-of-state have an impact on the speed at which 

12    projects get done.  Again, it does not outlaw the 

13    hiring of people from other regions, but it gives 

14    preference to hiring local people to do the work.  

15    I think that that is overall an ideological 

16    belief for most of us here, that we want the jobs 

17    to come from the communities to get the people 

18    trained who are living and working in our 

19    communities, to get the people who live and work 

20    in our communities to have good-paying, 

21    prevailing-wage jobs.

22                 I don't actually know the math on 

23    whether there are certain areas of the state 

24    where that will be more difficult and they would 

25    be more likely to need to look farther abroad -- 


                                                               2134

 1    not abroad per se, but, you know, across the 

 2    state line or across a county line.  So I don't 

 3    know actually if anybody knows that answer.

 4                 SENATOR OBERACKER:   Thank you.

 5                 Through you, Mr. President, would 

 6    the sponsor continue to yield.

 7                 THE PRESIDENT:   Does the sponsor 

 8    yield?

 9                 SENATOR KRUEGER:   Yes.

10                 THE PRESIDENT:   The sponsor yields.

11                 SENATOR OBERACKER:   Thank you, 

12    Senator Krueger.  And I'm kind of glad to hear 

13    that because as the ranking member on Internet 

14    and Technologies -- who does not have broadband 

15    service at my house -- I find it extremely 

16    exciting to hear that.  So thank you.

17                 My question -- through you, 

18    Mr. President -- so both the Connect All 

19    Deployment Program and Connect All Municipal 

20    Assistance Program require that applicants submit 

21    a workforce plan which shall include information 

22    relating to whether a construction workforce will 

23    be directly employed or subcontracted, the 

24    anticipated size of that workforce required to 

25    carry out the proposed work, a description of 


                                                               2135

 1    plans to maximize use of local or regional 

 2    workforce, and a description of the expected 

 3    workforce safety standards training to ensure the 

 4    project is completed at a high standard.

 5                 What is the overall purpose of this 

 6    plan?

 7                 SENATOR KRUEGER:   So that the state 

 8    can actually determine what allotment of funds 

 9    may be needed for that specific project to work, 

10    with the locality to address their unique 

11    needs -- because it may differ from municipality 

12    to municipality, county to county -- and to keep 

13    us all informed of how this project is going and 

14    to answer questions like the previous one, how 

15    many workers had to come from farther afield, how 

16    many workers are not New Yorkers.

17                 So I think that's just sort of 

18    standard kinds of information it makes common 

19    sense to want to collect, both for determining 

20    through Department of Labor what funds need to be 

21    made available and for us to actually track how 

22    this project is going throughout the State of 

23    New York.

24                 SENATOR OBERACKER:   Thank you.

25                 Mr. President, on the bill.


                                                               2136

 1                 THE PRESIDENT:   Senator Oberacker 

 2    on the bill.

 3                 SENATOR OBERACKER:   Thank you, 

 4    Senator Krueger, for taking the time to answer my 

 5    questions.

 6                 You know, as -- representing the 

 7    51st Senate District, very rural in its makeup, 

 8    and again as one who does not have the ability 

 9    nor the service to have broadband at my house, I 

10    feel this is extremely important to rural upstate 

11    New York for many reasons.  

12                 We found, coming out of COVID, the 

13    ability to attend classes, telehealth.  I'm a 

14    member of my EMS squad, and to be able to just 

15    have the ability to have what we call the "I am 

16    responding" ability on my phone and so on, is 

17    extremely, extremely important.

18                 I'm excited about what has been put 

19    forth.  I have some reservations as to how 

20    quickly and how cost-effective this can be put 

21    forward, but I was encouraged to see that this is 

22    an issue that has been long-standing that is 

23    being addressed.

24                 And with that I thank you, 

25    Mr. President.


                                                               2137

 1                 THE PRESIDENT:   Senator Stec.

 2                 SENATOR STEC:   Thank you.  Good 

 3    morning, Mr. President.  If the sponsor would 

 4    please yield for some questions having to do with 

 5    Part QQ, the freshwater wetlands regulations.

 6                 THE PRESIDENT:   Does the sponsor 

 7    yield?

 8                 SENATOR KRUEGER:   I do, although 

 9    I'm just going to take a double-check.

10                 If you don't mind, my colleague 

11    Senator Harckham -- this is near and dear to him, 

12    and he would like to answer these questions.

13                 SENATOR STEC:   Not at all.  Not at 

14    all.

15                 SENATOR KRUEGER:   Thank you, 

16    Mr. President.

17                 THE PRESIDENT:   Sounds good.

18                 SENATOR STEC:   Thank you.  

19                 SENATOR HARCKHAM:   Thank you, 

20    Senator Krueger.

21                 SENATOR STEC:   Thank you.  Good 

22    morning, Senator Harckham.  How are you?  

23                 SENATOR HARCKHAM:   I'm very well, 

24    thank you, on two hours sleep.  Good morning to 

25    you.  How are you?


                                                               2138

 1                 SENATOR STEC:   Good.  I'm better 

 2    than two hours, so thank you.  

 3                 SENATOR HARCKHAM:   This will be 

 4    fun.

 5                 SENATOR STEC:   Through you, 

 6    Mr. President, if the sponsor would yield for a 

 7    few questions.

 8                 THE PRESIDENT:   Does the sponsor 

 9    yield?

10                 SENATOR HARCKHAM:   Absolutely.

11                 THE PRESIDENT:   The sponsor yields.

12                 SENATOR STEC:   All right, thank 

13    you.  On Part QQ I see that we're making some 

14    changes to the permitting process or definitions 

15    of what constitutes freshwater wetlands.  I was 

16    wondering if you could first lead off by just, 

17    you know, summarizing what this changes to where 

18    we are today, and where this will take us, and 

19    then the follow-up question obviously will be why 

20    we're doing this.

21                 SENATOR HARCKHAM:   Sure, 

22    absolutely.  Through you, Mr. President.  

23    Actually, maybe I'll take the second part of your 

24    question first, if that's okay, and then answer 

25    the second part.


                                                               2139

 1                 The reason we are doing this is -- 

 2    let's talk about wetlands in the big picture.  

 3    Wetlands are nature's filter.  They filter out 

 4    pollutants.  They are a host to thousands of 

 5    species, lending biodiversity.  They're great for 

 6    carbon capture.  They protect our water quality.  

 7    And most importantly, they help mitigate 

 8    flooding.  

 9                 So for instance, in my district 

10    right now the taxpayers of my district are on the 

11    hook for $65 million to remove phosphorus from 

12    stormwater.  So we are rebuilding artificial 

13    wetlands that have been paved over.  And so in 

14    New York State half of the historic wetlands in 

15    New York State have been destroyed, either 

16    through development or paving or dredging.  

17                 So the need to protect our wetlands, 

18    especially now with climate change and phosphorus 

19    mitigation -- you'll see, you know, upstate, all 

20    over New York State, our freshwater bodies are 

21    impeded with eutrophication, with blue-green 

22    algae.  We can't drink, we can't swim in the 

23    water anymore, and it's because we don't have 

24    sufficient wetland capacity to filter out the 

25    phosphorus.  So that's kind of why we're doing 


                                                               2140

 1    it.

 2                 The problem with the existing law at 

 3    12.4 acres is the maps are kind of haphazard, and 

 4    it's challenging for the regulators but, more 

 5    importantly, it's challenging for the developers.  

 6    So when we passed this bill last year, it was a 

 7    different version, as you alluded to.  We spent a 

 8    lot of time speaking with builders in the 

 9    development community because they were looking 

10    for certainty.  And they liked the model because 

11    it gave them certainty.  

12                 So we arrived at this bill in 

13    compromise with both the second floor and with 

14    our colleagues in the Assembly.

15                 So what is going to happen in this 

16    bill, starting in 2005 {sic} we'll be declaring 

17    and mapping wetlands that are called wetlands of 

18    unusual importance.  And those are ones in a city 

19    that can be ruled to have water quality impact, 

20    flooding mitigation.  And then in 2008 {sic} is 

21    when the enforcement will start, so -- and then 

22    it will be dropped from the current 12.4 to 

23    7.4 acres.

24                 So with this legislation we're doing 

25    a couple of things.  We're providing certainty to 


                                                               2141

 1    the business community, we're providing better 

 2    mapping, and we're protecting more wetlands.  We 

 3    will protect, with this legislation, millions of 

 4    acres of wetlands.  

 5                 However, if a wetland is not deemed 

 6    to be of unusual importance, it will just be a 

 7    general permit, which is a one-page thing and 

 8    will not have the kind of focus a wetland of 

 9    unusual importance will.

10                 SENATOR STEC:   Mr. President, if 

11    the sponsor will continue to yield.  

12                 THE PRESIDENT:   Does the sponsor 

13    yield?   

14                 SENATOR HARCKHAM:   Yes, sir.

15                 THE PRESIDENT:   The sponsor yields.

16                 SENATOR STEC:   All right, thank 

17    you.  I appreciate that intro to what we're doing 

18    here.  And I'm encouraged -- I certainly agree 

19    that I think any applicant or developer would 

20    want to have certainty and remove ambiguity in 

21    the process.

22                 However, I guess my question is -- 

23    is that for years we've been working off of maps.  

24    I have not heard developers say that they like 

25    this proposal -- or farmers, or property owners, 


                                                               2142

 1    or local government in my -- I have over 80 towns 

 2    in my district, bigger than Connecticut and 

 3    Rhode Island combined.  I represent a lot of 

 4    rural areas of the state and a lot of wetlands.  

 5    So I have not had the same experience with 

 6    people's reaction to this proposal as you've 

 7    reported.

 8                 But I guess my question -- my first 

 9    question would be:  Do you know how many acres 

10    are currently regulated in New York State, you 

11    know, by these maps?  And then, under this new 

12    law, how many additional acres would be added to 

13    that?  And are we going to see a commensurate 

14    increase in DEC staffing to accommodate all these 

15    new wetlands that we're going to create?  

16                 SENATOR HARCKHAM:   Through you, 

17    Mr. Chair.  

18                 First I would just like to add one 

19    thing.  You had mentioned farmers in your 

20    comments.  Agriculture and silviculture are 

21    exempt from this law.  So farmers should -- are 

22    able to go about their business, and those who 

23    engage in the growth or harvesting of trees can 

24    go about their business.

25                 We do not know exactly right now 


                                                               2143

 1    what the new acreage will be, because new maps 

 2    are going to be done in conjunction with 

 3    satellite mapping services, fish and wildlife 

 4    service, and some of the universities that have 

 5    done some of this mapping work. 

 6                 So right now we have a very 

 7    haphazard system of mapping, and sometimes 

 8    property owners will have to ask DEC to map a 

 9    property in order for them to go ahead and do 

10    their development.  This will take a more 

11    proactive approach.  We'll be using the latest 

12    technology.  And there will be a three-year 

13    period for people to be brought up to speed, to 

14    be educated, and for us as a state to finally 

15    have a complete and accurate set of maps.

16                 SENATOR STEC:   If the sponsor would 

17    continue to yield, please.

18                 THE PRESIDENT:   Does the sponsor 

19    yield?

20                 SENATOR HARCKHAM:   Yes, sir.

21                 THE PRESIDENT:   The sponsor yields.

22                 SENATOR STEC:   My understanding is 

23    in the mid-1990s there was estimated 2.4 million 

24    acres of wetlands in New York.  And some 

25    advocates are projecting that this law will add 


                                                               2144

 1    an additional million acres.  So that's 

 2    3.5 million acres of wetlands.  That's bigger 

 3    than Suffolk County.  It's half the size of the 

 4    Adirondack Park, to give you an idea of how much 

 5    of our land would be regulated under this.

 6                 With that said, making it that much 

 7    more difficult to permit, to do any activity in 

 8    something that's classified under a wetlands, 

 9    isn't there -- wouldn't there be concern that 

10    this is going to impact the goals of the CLCPA 

11    for promoting and pushing the development of 

12    solar?  Will opponents to solar farms in their 

13    backyards use this new definition of wetlands as 

14    current opponents use wetlands to oppose 

15    something that they don't want in their 

16    neighborhoods -- solar panels are great so long 

17    as I don't see them, so long as they're not in my 

18    backyard?  

19                 Are you concerned that an unintended 

20    consequence here of increasing by 50 percent the 

21    number of acres that are protected as newly 

22    defined wetlands is going to have impacts on 

23    other agendas to your climate change agenda?  

24                 SENATOR HARCKHAM:   Through you, 

25    Mr. President, that's a good question.  I would 


                                                               2145

 1    say two things.  

 2                 Wetlands are about resiliency.  

 3    Wetlands are probably one of nature's best carbon 

 4    capture mechanisms.  So if we're talking about 

 5    the goals of the CLCPA, protecting more acres of 

 6    wetlands is completely consistent with that.  In 

 7    fact, I think the figure is 15 percent of our 

 8    emissions will be reduced by carbon capture.  You 

 9    know, most of it will be done through clean 

10    energy, clean transportation, but 15 percent will 

11    still be through carbon capture, and that's what 

12    wetlands are incredible at.

13                 The other thing is this is only 

14    wetlands of unusual importance that will have 

15    that extra permitting requirement.  And so if 

16    there is a fragile wetland, I would agree with 

17    those opponents, you may not want to site a solar 

18    farm there.  That might not be the best location 

19    for it.

20                 But I don't think that protecting 

21    wetlands is inconsistent with climate change 

22    goals of the CLCPA.

23                 I would further go back to the 

24    resiliency of flooding and the amount of rain and 

25    the storms that we're getting.  Five people in 


                                                               2146

 1    Westchester County died during Ida because of 

 2    flooding, and that's in large part because we 

 3    have lost most of our natural retention.  So 

 4    where does all that water go?  It flows onto the 

 5    local highways, and they flood, and we've had 

 6    tragic results.

 7                 SENATOR STEC:   Mr. President, will 

 8    the sponsor continue to yield, please.  

 9                 THE PRESIDENT:   Does the sponsor 

10    yield? 

11                 SENATOR HARCKHAM:   Absolutely.

12                 THE PRESIDENT:   The sponsor yields.

13                 SENATOR STEC:   Thank you.  

14                 So back to the area of the maps.  

15    Now, it's my understanding that this map that 

16    we're abandoning now has not been updated in 

17    20 years.  Which again, that would be certainly a 

18    cause for frustration for landowners and would-be 

19    developers to want to use a resource that the 

20    state has required them to use that hasn't been 

21    updated in 20 years.  

22                 Now, a lot of technology has changed 

23    in last 20 years.  It's my understanding that DEC 

24    has $400,000 in drone technology that they're 

25    looking to use to look for orphan oil and gas 


                                                               2147

 1    wells.  I would think that would be a lot easier 

 2    for a drone to spot a wetland, a 15-acre wetland, 

 3    than it would be to spot a leaking gas well or a 

 4    gas pipe from the air.  

 5                 So my first question on that would 

 6    be, wouldn't it be a good use of that resource to 

 7    take an investment and make these maps better and 

 8    more reliable, rather than, as the legislation 

 9    states -- it's just a surrender.  Instead of 

10    fixing the maps, the legislation actually reads:  

11    Freshwater wetland maps depict the approximate 

12    location of wetlands and are not necessarily 

13    determinative as to whether a permit is required 

14    pursuant to Section 24-0701 of this article.

15                 So the legislation just basically 

16    shrugs its shoulders and says, maps are too 

17    difficult to use, we don't want to use the maps.  

18    But why not use the current technology and invest 

19    in that and produce a set of maps that people can 

20    rely on and point to rather than an individual 

21    biologist's look, depending on is he looking in 

22    March or is he looking in September.  Which 

23    biologist is it that's coming there to the site?  

24    Does he see the plant that day, and a different 

25    biologist sees plant -- why aren't we using the 


                                                               2148

 1    technology and making something that's consistent 

 2    and repeatable and predictable, as opposed to 

 3    arbitrary to an individual DEC staff member that 

 4    we may not have enough DEC staff members to 

 5    accommodate a 50 percent increase in the amount 

 6    of wetlands that we're trying to regulate in the 

 7    State of New York?  

 8                 SENATOR HARCKHAM:   Through you, 

 9    Mr. President.  I would agree with you, Senator, 

10    that the maps are out of date.  But part of the 

11    whole point of this legislation is to update the 

12    maps -- as we said, fish and wildlife service, 

13    satellite data.  

14                 And in fact, Section 5 reads:  By 

15    January 1, 2025, in addition to any ongoing 

16    aerial photography, soil surveys or field 

17    verification being conducted by the department, 

18    the department shall accept -- shall accept 

19    information from federal government sources, 

20    other state sources, local governments, colleges, 

21    universities, environmental organizations or 

22    other private agencies regarding the localities 

23    of freshwater wetlands.  

24                 And a big component of that will be 

25    aerial satellite mapping to update what you 


                                                               2149

 1    accurately state are out-of-date maps.

 2                 SENATOR STEC:   Mr. President, will 

 3    the sponsor continue to yield, please.

 4                 THE PRESIDENT:   Does the sponsor 

 5    yield?

 6                 SENATOR HARCKHAM:   Yes, sir.

 7                 THE PRESIDENT:   The sponsor yields.

 8                 SENATOR STEC:   Thank you.  Through 

 9    you, Mr. President.  So it is my belief, and I 

10    think the belief of a lot of people that I've 

11    heard from over the years on these attempts to 

12    change the definition of a wetland, that this is 

13    going to have a significant fiscal impact to the 

14    DEC.  If so, will their budget reflect that?

15                 SENATOR HARCKHAM:   Through you, 

16    Mr. President, that's another reason why we're 

17    starting this first three years out and then 

18    another three years out after that, is so that 

19    they can properly staff up.  

20                 So this is not taking effect 

21    tomorrow.  The first phase is 2025, and then the 

22    second phase is 2028.  So to your point, that 

23    will give DEC time to staff up.

24                 SENATOR STEC:   Mr. President, if 

25    the sponsor will continue for a few more 


                                                               2150

 1    questions.

 2                 THE PRESIDENT:   Does the sponsor 

 3    yield?

 4                 SENATOR HARCKHAM:   Absolutely.

 5                 THE PRESIDENT:   The sponsor yields.

 6                 SENATOR STEC:   Thank you, 

 7    Mr. President.  Through you.  

 8                 So turning now to the definition of 

 9    "unusual importance."  So, I mean, a freshwater 

10    wetlands regardless of size -- regardless of 

11    size -- that possesses one or more of the 

12    following characteristics, and then it lists 

13    several under the letter G. 

14                 Is a vernal pool that is known to be 

15    productive for amphibian breeding.  Maybe a lot 

16    of people don't know what the definition of a 

17    vernal pool is.  Could you define "vernal pool," 

18    please?  

19                 SENATOR HARCKHAM:   Yeah, a vernal 

20    pool is often adjacent to a wetland that is not 

21    wet all of the year, it is wet part of the year.  

22    And it is very often a breeding ground for high 

23    levels of biodiversity, which is why they are 

24    important.  

25                 But obviously they would need to be 


                                                               2151

 1    adjacent to part of a 7.4-acre wetland parcel.  

 2    You know, this is not about going around New York 

 3    State with satellites and locating a vernal pool 

 4    the size of one of our desks.  This would be 

 5    associated with one of these wetlands of 

 6    7.4 acres or more.

 7                 SENATOR STEC:   Mr. President, if 

 8    the sponsor would yield.

 9                 THE PRESIDENT:   Does the sponsor 

10    yield?

11                 SENATOR HARCKHAM:   Absolutely.

12                 THE PRESIDENT:   The sponsor yields.

13                 SENATOR STEC:   Thank you.

14                 So a vernal pool is a puddle after a 

15    rainfall.  It's not there all the time, and now 

16    it's there.  Of any size.  So, I mean, a 

17    freshwater wetland regardless of size.  So heavy 

18    rain, wet time of the year, there's a puddle 

19    there now -- a puddle the size of this room, a 

20    puddle the size of a kitchen table of any size -- 

21    that's a vernal pool, right?

22                 SENATOR HARCKHAM:   Mr. President, 

23    through you, I would disagree with that and the 

24    science disagrees with that.  

25                 A vernal pool is not a puddle, it is 


                                                               2152

 1    a seasonal ecosystem in and of itself.  You can 

 2    have what you referred to as a puddle, and it is 

 3    a puddle and it's not regulated.  But if there 

 4    are areas that have seasonal wetness with certain 

 5    levels of the biodiversity, the biologists could 

 6    define that as a vernal pool.  

 7                 There's a difference between a 

 8    vernal pool and a puddle.  And the reason that 

 9    the state is getting involved in this is you 

10    remember the federal government got out of this 

11    business.

12                 SENATOR STEC:   Mr. President, if 

13    the sponsor would yield, please.

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR HARCKHAM:   Absolutely.

17                 THE PRESIDENT:   The sponsor yields.

18                 SENATOR STEC:   All right, so you 

19    brought up the federal government and the 

20    administration.  So what is the current 

21    administration doing?  I mean, I understand that 

22    maybe a different administration -- are you 

23    saying that the Biden administration doesn't care 

24    about wetlands?

25                 SENATOR HARCKHAM:   Not -- through 


                                                               2153

 1    you, Mr. President, this bill is silent on what 

 2    President Biden is doing.  

 3                 This is about working with 

 4    stakeholders in New York to protect our wetlands, 

 5    which are protecting our water sources, which are 

 6    providing water capture for flooding, to mitigate 

 7    flooding, and also are great aspects of carbon 

 8    capture.  

 9                 SENATOR STEC:   Mr. President, if 

10    the sponsor will continue to yield.

11                 THE PRESIDENT:   Does the sponsor 

12    yield?

13                 SENATOR HARCKHAM:   Absolutely.

14                 THE PRESIDENT:   The sponsor yields.  

15                 SENATOR STEC:   Thank you.  Through 

16    you, Mr. President.  

17                 So the back half of Section QQ talks 

18    a lot about the penalties -- civil penalties, 

19    criminal penalties, a lot of red lighting of 

20    lower numbers and green lighting increasing the 

21    financial fees that people that are found in 

22    violation of this potentially face, increasing in 

23    some instances from $7,000 to $10,000 fines.  And 

24    there's criminal allowances here.

25                 So with that in mind, my question 


                                                               2154

 1    would be -- now let's just look at a practical 

 2    example.  If you're a homeowner in a subdivision 

 3    in the Adirondacks or downstate in the 

 4    Hudson Valley or in Western New York, and you 

 5    want to build a shed or an in-law quarters -- 

 6    because we have that need in our society today to 

 7    have more affordable housing for our seniors.  

 8    There's been a lot of discussion on that.  But 

 9    you want to put in a pool, you want to put in a 

10    shed, you want to put an addition on to allow 

11    your in-laws to stay.  

12                 Every time a homeowner does work on 

13    a small lot, you could be within a hundred feet 

14    of a vernal pool, a puddle, a seasonal puddle on 

15    somebody else's property.  It's not mapped.  

16    There's no drones coming to look at it.  You 

17    could easily find yourself in violation of this 

18    section that subjects you to criminal penalties 

19    and fines of up to $10,000 for a puddle you don't 

20    even know exists on the other side of the 

21    property line, but it's within 100 feet of your 

22    project site.  Is that true?  

23                 SENATOR HARCKHAM:   Through you, 

24    Mr. President, I would disagree with that 

25    assessment.  


                                                               2155

 1                 Number one, as we said before, it 

 2    needs to be adjacent to a wetland of unusual 

 3    importance of 7.4 acres or more.  And then the 

 4    regulators will decide -- if something was done, 

 5    you know, benignly, you don't know, I put a shed 

 6    there -- you know, the object of the law is not 

 7    to penalize people.  That's why we have a 

 8    three-year period of education after the mapping.  

 9    We have a three-year phase-in so folks can learn 

10    if there are significant wetlands in their area.

11                 And if it's not a significant 

12    wetland, there's not an issue.

13                 SENATOR STEC:   Mr. President, on 

14    the bill.

15                 THE PRESIDENT:   Senator Stec on the 

16    bill.

17                 SENATOR STEC:   Thank you.  I thank 

18    Senator Harckham for his advocacy, his efforts 

19    here, and answering my questions.

20                 I completely agree that the current 

21    system that we have is not working.  I hear that 

22    from -- in my 20 years in local and state 

23    government, I've heard complaints about wetlands 

24    and DEC and the APA and what is and isn't and how 

25    they get used, how regulations get used as a 


                                                               2156

 1    weapon by one neighbor against another neighbor.  

 2    And they're vague enough and the maps aren't 

 3    accurate enough.  And a biologist comes out and, 

 4    depending on the time of year that that biologist 

 5    comes out, and depending on which biologist shows 

 6    up, maybe it isn't a wetland today.  Maybe next 

 7    week a different biologist looks at it and now 

 8    there's a vernal pool there and it is a wetland.

 9                 So there's a lot of frustration out 

10    there with the consistency, the predictability, 

11    the fairness, the transparency of our current 

12    regulations.  But of course a 20-year-old map 

13    doesn't help that.  And what we're doing here is 

14    we're taking an already cumbersome process and 

15    we're going to make it more restrictive, more 

16    difficult, more expensive and more arbitrary and 

17    more confusing for our property owners, for our 

18    economic developers, for our local governments to 

19    have to enforce this, for our ag community.  

20                 This is a problem in search of a 

21    solution and -- or a solution, rather, in search 

22    of a problem.  I think it's excessive regulation, 

23    which of course New York State is well known for.  

24    And for that reason I firmly oppose this section 

25    of the law.


                                                               2157

 1                 Thank you.

 2                 THE PRESIDENT:   Senator Borrello.

 3                 SENATOR BORRELLO:   Mr. President, 

 4    will the sponsor yield for some questions on Part 

 5    II?  

 6                 THE PRESIDENT:   Does the sponsor 

 7    yield?

 8                 SENATOR KRUEGER:   Hello again, 

 9    Mr. President.

10                 THE PRESIDENT:   Hello, Liz -- 

11    Senator Krueger.

12                 SENATOR KRUEGER:   I want to thank 

13    Pete Harckham for handling the wetlands issue so 

14    well for me.  Thank you, Pete.

15                 Hello.

16                 THE PRESIDENT:   Does the sponsor 

17    yield?

18                 SENATOR KRUEGER:   Yes, of course.

19                 THE PRESIDENT:   The sponsor yields.

20                 SENATOR BORRELLO:   Thank you.  

21    Through you, Mr. President.

22                 Part II addresses the authorizing of 

23    a social equity fund for retail cannabis 

24    dispensaries, and it says the Legislature 

25    modifies the Executive proposal to establish a 


                                                               2158

 1    social equity fund to provide financial 

 2    assistance to socially and economically 

 3    disadvantaged individuals who want to establish a 

 4    retail cannabis dispensary.  And it has a figure 

 5    of $50 million.  

 6                 Is this part of the $200 million 

 7    fund that the Governor and the Office of Cannabis 

 8    Management had proposed earlier?  

 9                 SENATOR KRUEGER:   Through you, 

10    Mr. President, yes, that is correct.  Fifty 

11    million is through the state, and 150 million is 

12    through private equity.

13                 SENATOR BORRELLO:   Mr. President, 

14    will the sponsor continue to yield?  

15                 THE PRESIDENT:   Does the sponsor 

16    yield?

17                 SENATOR KRUEGER:   Yes.

18                 THE PRESIDENT:   The sponsor yields.

19                 SENATOR BORRELLO:   So you have 

20    $150 million that is supposed to come from 

21    private equity firms.  

22                 And the question I have on that is, 

23    you know, a private investment firm, would they 

24    participate in a program like this which would 

25    actually potentially open themselves up to some 


                                                               2159

 1    liability?  Because, you know, marijuana is still 

 2    illegal at the federal level.

 3                 SENATOR KRUEGER:   Thank you.  

 4    Through you, Mr. President.

 5                 So technically the private equities 

 6    would invest in the properties, not actually the 

 7    businesses.  So I think that they feel their 

 8    liability is not significant.  

 9                 But it goes back to I think a 

10    discussion we had maybe last night of are we 

11    going to have success with cannabis businesses in 

12    this state.  And I answered that based on how 

13    many businesspeople and investors kept reaching 

14    out to talk about how they wanted to get involved 

15    in New York, I was fairly confident that this was 

16    going to be successful.  

17                 And I think the fact that none of us 

18    are particularly concerned that we won't be able 

19    to find partners for this project reinforces my 

20    belief that the business sector isn't 

21    particularly concerned about the federal 

22    questions or liability.

23                 Of course, all new businesses 

24    involve risk.  But this model that we've created 

25    under the law, the feedback I continue to get is 


                                                               2160

 1    that people are very, very excited about it and 

 2    optimistic and want to invest in New York.

 3                 SENATOR BORRELLO:   Mr. President, 

 4    will the sponsor continue to yield?  

 5                 THE PRESIDENT:   Does the sponsor 

 6    yield?

 7                 SENATOR KRUEGER:   Yes.

 8                 THE PRESIDENT:   The sponsor yields.

 9                 SENATOR BORRELLO:   So you said this 

10    is a very profitable business, lots of people 

11    want to get involved.  So wouldn't then naturally 

12    just money flow to these things?  What kind of 

13    guarantees is the state going to give to these 

14    private equity firms that are going to invest 

15    $150 million?  If it's such a wonderful 

16    opportunity, why do we have to do anything like 

17    this?  Why wouldn't that just naturally flow 

18    there?

19                 SENATOR KRUEGER:   So when we passed 

20    this law we made a significant commitment in the 

21    law that New York State was not just going to 

22    start cannabis as a legal recreational business 

23    opportunity, but that we were going to invest 

24    from a social equity perspective.  That we were 

25    going to make sure that the communities where the 


                                                               2161

 1    most harm had been done through our criminal 

 2    justice policies around cannabis use and our 

 3    criminal justice policies that so 

 4    disproportionately did harm to young people of 

 5    color -- it was going to be an attempt to reverse 

 6    that through investment in businesses in these 

 7    communities with these same people.

 8                 That kind of commitment does require 

 9    a jump-start of some assistance of investment.  

10    We all know that it is harder to be a start-up 

11    business in almost any field if you don't have a 

12    background of being successful in business 

13    already, or being undercapitalized.  And that's 

14    what we learned from all these different states 

15    that have tried and perhaps failed before us, 

16    that they were not willing to capitalize the 

17    beginning of the start-up businesses.

18                 So that's a commitment we made in 

19    the law.  And I believe that the model that has 

20    been developed -- and appreciate enormously the 

21    Governor's willingness to jump into this, in 

22    coordination with DASNY, who's the agency that we 

23    all know that we go to with issues of can you 

24    meet the standards of bonds, are you going to be 

25    able to pay things back, or can you handle your 


                                                               2162

 1    finances -- that this was very carefully put 

 2    together through a very intensive debate among 

 3    the Assembly, the Senate, and the Governor and 

 4    the Office of Cannabis Management and the 

 5    division of DASNY.  And we got to a place where 

 6    we're all quite sure that this is the model 

 7    that's going to get us there.

 8                 And so no, I don't think if we just 

 9    said, okay, let's see what the market does, that 

10    we would get the investment in the targeted 

11    efforts that we have committed to.

12                 SENATOR BORRELLO:   Mr. President, 

13    will the sponsor continue to yield.

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR KRUEGER:   Yes.

17                 THE PRESIDENT:   The sponsor yields.

18                 SENATOR BORRELLO:   So I understand 

19    all that.  But, you know, I think a lot of us saw 

20    this $200 million as a grant program from the 

21    state.  I think that's how it was actually 

22    proposed.  It was going to be $200 million from 

23    the state to give those that were disadvantaged 

24    the ability to open up a dispensary.

25                 Now we're saying it's $150 million 


                                                               2163

 1    of private equity money.  I've had experience 

 2    with private equity money.  I can tell you that 

 3    these people are not going to be interested in 

 4    something unless New York State is guaranteeing 

 5    them -- because this is a high-risk venture.  You 

 6    just got done saying that we're going to give 

 7    this money to people that have never operated a 

 8    business or have not been successful, 

 9    necessarily -- even though it does say you have 

10    to have two years of experience as a 

11    businessperson, but you've never been in this 

12    business, necessarily.  

13                 So what are we going to -- what is 

14    the state going to guarantee to these private 

15    equity firms?  Because to me, a private equity 

16    firm is taking on this level of risk, it's going 

17    to be credit card rates for this kind of money.  

18    It's not going to be something that a state would 

19    normally do, you know, like we had during 

20    pandemic relief where you had low-interest loans, 

21    things like that.  I don't think there's going to 

22    be too many private equity firms looking to give 

23    low-interest loans.  So what is the state going 

24    to guarantee them?  

25                 SENATOR KRUEGER:   The state is not 


                                                               2164

 1    going to be guaranteeing anything.  And this 

 2    isn't perhaps the kind of private equity model 

 3    that you've been involved with.  This is actually 

 4    debt funds.  And the investors are actually 

 5    investing in the properties that will then be 

 6    used for cannabis businesses.  

 7                 So -- and if the cannabis business 

 8    is not successful, the state may choose to move a 

 9    license to a different business or the entity may 

10    decide to withdraw that property.  So I just 

11    don't think there's the same level of risk as you 

12    think.  

13                 And again, this model allows the 

14    state to put less of its own money in to get to 

15    accomplish the same goals we were hoping, which I 

16    would think the Legislature would be very happy 

17    to learn that we're doing a $200 million program 

18    but it's only costing us $50 million.  

19                 And that again -- and this is why it 

20    was so important, I think, to have our partners 

21    at DASNY at the table.  DASNY, this is what they 

22    do for a living, so to speak.  And they're very 

23    confident that there won't be a problem getting 

24    the investment they need.

25                 SENATOR BORRELLO:   Mr. President, 


                                                               2165

 1    will the sponsor continue to yield.

 2                 THE PRESIDENT:   Does the sponsor 

 3    yield?

 4                 SENATOR KRUEGER:   Yes.

 5                 THE PRESIDENT:   The sponsor yields.

 6                 SENATOR BORRELLO:   Well, so you're 

 7    saying, then, that we're going to have then -- 

 8    the private equity firms are only going to invest 

 9    in the physical property, like a building, but 

10    they are not going to have any equity ownership 

11    in the business itself.  Right?

12                 SENATOR KRUEGER:   Right.

13                 SENATOR BORRELLO:   Okay.  So you're 

14    saying that we want to locate some of -- where 

15    we're going to possibly be locating some of these 

16    dispensaries.  We've already seen some of our 

17    high-end suburban areas and, you know, rural 

18    towns have opted out.  So the majority will be 

19    located in areas that I would say are -- where 

20    many property values and the value of the resale 

21    aren't going to be that great.  

22                 So you're going to take a private 

23    equity firm and we're going to have them invest 

24    in property that in the end might not be very 

25    valuable to them, especially when it's not 


                                                               2166

 1    actually a dispensary, when it goes from being a 

 2    high-value item, we're going to hope -- a 

 3    dispensary business -- to something that's just a 

 4    vacant piece of property.  

 5                 I don't understand where the 

 6    incentive is for a VC firm or a private equity 

 7    firm to step in and do this, especially at this 

 8    level, 150 million.

 9                 SENATOR KRUEGER:   So I think the 

10    incentive is the interest rate they would earn on 

11    the loan, but we have capped it so that it cannot 

12    get out of control and everybody agrees that it's 

13    a very reasonable rate.  

14                 And again, I think that my colleague 

15    and I just fundamentally disagree with whether a 

16    recreational cannabis business or, frankly, a 

17    medical cannabis business is a sound business 

18    investment.  Now, I suspect Senator Borrello 

19    won't choose to invest in cannabis businesses, 

20    and that is his right as a citizen and perhaps an 

21    advisor.  I know he's in the liquor business.

22                 SENATOR BORRELLO:   I'm barred, 

23    actually.

24                 SENATOR KRUEGER:   Oh, you're right, 

25    you're barred because you are in the liquor 


                                                               2167

 1    business.  See, that's why he doesn't like 

 2    cannabis.  

 3                 (Laughter.)

 4                 SENATOR KRUEGER:   I'm sorry, that 

 5    was inappropriate.  I did not mean a personal 

 6    stab in any way, shape or form.

 7                 But I'm not going to invest in 

 8    cannabis either, and I'm not barred from it, 

 9    because I'm not in liquor either.  So people have 

10    different opinions about what they choose to 

11    invest in.  

12                 But again, I think the real question 

13    before us is, is this a sound model for the State 

14    of New York?  And will it ensure that we are 

15    successful in the goals of statutes we have 

16    already passed?  And based on the extended 

17    meetings and conversations of my staff over many, 

18    many weeks, and changes that were made, I am very 

19    confident that this is going to be successful.  

20    And far more relevant than me is the feedback we 

21    are getting from the business community that they 

22    are very positive this is going to be successful.

23                 SENATOR BORRELLO:   Mr. President, 

24    will the sponsor continue to yield.

25                 THE PRESIDENT:   Does the sponsor 


                                                               2168

 1    yield?

 2                 SENATOR KRUEGER:   Yes.

 3                 THE PRESIDENT:   The sponsor yields.

 4                 SENATOR BORRELLO:   So I want to go 

 5    back to the private equity firms.  You said two 

 6    things that I think are important.  

 7                 Number one, you said you think that 

 8    they're going to be excited at investing in the 

 9    cannabis business, but they're actually not, 

10    they're actually investing in the properties, 

11    much of which is going to be in areas where, 

12    quite frankly, it's going to be difficult for 

13    them, should the business fail, to be able to get 

14    the return on their investment.  Number one.  

15                 But you also said they're going to 

16    cap the interest rates.  What's the cap?  How 

17    much is the cap?

18                 SENATOR KRUEGER:   Eight percent 

19    plus prime.

20                 SENATOR BORRELLO:   Prime plus 8?  

21    Maybe I will invest in it.  

22                 (Laughter.)

23                 SENATOR BORRELLO:   Mr. President, 

24    will the sponsor continue to yield.

25                 THE PRESIDENT:   Does the sponsor 


                                                               2169

 1    yield?

 2                 SENATOR KRUEGER:   Yes.

 3                 THE PRESIDENT:   The sponsor yields.  

 4                 SENATOR BORRELLO:   So prime plus 8, 

 5    which is actually a credit card rate.  I was 

 6    right about that.  

 7                 And you're going to have -- someone 

 8    has to own this building.  Is the cannabis 

 9    dispensary owner the people that have been 

10    disadvantaged?  Are they going to be the owners?  

11    Who's going to be paying that prime-plus-8 rate?

12                 SENATOR KRUEGER:   It allows for all 

13    options.  So the fund could own the building, 

14    they could just do loans for the construction 

15    work.  The business could own the building.  

16                 And by the way, when we put licenses 

17    out for this business model, everyone who applies 

18    for a license does not need to go through this 

19    path.  This is a supplemental path to assist 

20    those who need the help.

21                 So it's quite possible that many 

22    people who go into cannabis businesses, whether 

23    it's farming, manufacturing, postproduction -- 

24    you know, there's a whole new world of packaging 

25    and creating packaging for cannabis.  That's a 


                                                               2170

 1    new business model -- and hopefully, for us, an 

 2    environmentally sound, non-plastic packaging 

 3    model.  

 4                 So there's all kinds of licenses and 

 5    different people who will choose to get involved, 

 6    and they do not have to go down this path.

 7                 SENATOR BORRELLO:   Mr. President, 

 8    will the sponsor continue to yield.

 9                 THE PRESIDENT:   Does the sponsor 

10    yield?

11                 SENATOR KRUEGER:   Yes.

12                 THE PRESIDENT:   The sponsor yields.

13                 SENATOR BORRELLO:   Okay.  So we're 

14    going to do prime plus 8 for these people who are 

15    socially disadvantaged, people that may not 

16    necessarily -- I would say a large percentage of 

17    them will be considered high-risk loans to -- are 

18    we going to make them sign a personal guarantee 

19    of any kind?  

20                 SENATOR KRUEGER:   No, 

21    Mr. President, we are not.

22                 SENATOR BORRELLO:   So there's -- 

23    will the sponsor continue to yield.

24                 THE PRESIDENT:   Does the sponsor 

25    yield?


                                                               2171

 1                 SENATOR KRUEGER:   Yes.

 2                 THE PRESIDENT:   The sponsor yields.

 3                 SENATOR BORRELLO:   So this is 

 4    essentially going to be an unsecured loan.  

 5    You're going to attract $150 million of private 

 6    equity money for an unsecured loan -- well, prime 

 7    plus 8 I guess is, you know, credit card rate, so 

 8    that's an unsecured loan.  

 9                 But you don't think that there's 

10    going to be any opportunity for these folks to 

11    get into massive debt in order to -- and if 

12    they're not -- either one of two things is going 

13    to happen.  They're going to have to get into 

14    debt in order to do this at prime plus 8, or 

15    they're really not going to have any obligation 

16    to actually succeed, because they don't have any 

17    personal responsibility.  

18                 I mean, do we think that's a good 

19    business model?  

20                 SENATOR KRUEGER:   I think we assume 

21    some people will fail.  If you look at the 

22    restaurant business, I believe in New York City, 

23    pre-pandemic, the estimate was that of every 

24    10 new restaurants that open, nine fail within 

25    the first year.  Am I right, is that the number?  


                                                               2172

 1                 SENATOR BORRELLO:   That's about 

 2    right nationally.

 3                 SENATOR KRUEGER:   Okay.  

 4                 So yes, like many businesses, 

 5    it's -- there are risks involved.  And lots and 

 6    lots of businesspeople, even people who are 

 7    successful in certain businesses fail at others.  

 8    So we do anticipate a failure rate.

 9                 What we wanted to do is to try to 

10    make sure that we helped ensure that for a 

11    universe of people who might otherwise never be 

12    able to try to open these kinds of businesses, 

13    that we were going to be helping to give them a 

14    leg up.  Technical assistance, someone else 

15    handling the lease -- because they might not be 

16    able to get a lease if they were just trying to 

17    do it on their own.  Somebody else handling the 

18    specs of rebuilding something, or even perhaps 

19    building from scratch; we haven't crossed that 

20    off as a possibility either.  

21                 We wanted to -- revolving 

22    possibility of revolving loan funds, which have 

23    not been addressed yet.  The idea of technical 

24    assistance through various state agencies.  We 

25    really want to make sure we're giving people the 


                                                               2173

 1    opportunity to succeed.  

 2                 But yes, we're fairly sure some will 

 3    fail.  And again, they can then hand us back the 

 4    license and say I'm done, or they can say this 

 5    didn't work but maybe I'll try a different 

 6    location, if you would consider that.  Or perhaps 

 7    they will decide that, I don't know, a 

 8    manufacturing plant wasn't the right answer for 

 9    them, but some other model in cannabis could be.  

10                 And again, there's medical 

11    marijuana, there's the CBD, hemp world of 

12    cannabis, and the adult recreational.  So the mix 

13    and match of possible products for sale and the 

14    models that can be successful -- I'm not sure 

15    even we know what all the storylines will be yet.

16                 But what we're saying as a state is 

17    we're serious about this, we're serious about 

18    trying to help folks who might otherwise never 

19    have a chance to get into these businesses and to 

20    be successful in these businesses.  We're going 

21    to reach out to you, we're going to provide you 

22    technical assistance, we're going to be prepared 

23    to make an investment in your start-up, and we're 

24    even going to handle a bunch of the more complex 

25    legal issues such as leasing properties, doing 


                                                               2174

 1    mass construction, reconstruction on properties.  

 2    We're going to help you along with that, because 

 3    we want you to successful.

 4                 And I know that this chamber talks 

 5    all the time about wanting to help small 

 6    businesses.  And we all recognize that small 

 7    businesses actually are the backbone of economic 

 8    development and job creation in the State of 

 9    New York.  And we often talk about being 

10    frustrated that so much of our economic 

11    development programs and funds go to megaprojects 

12    and people who aren't even here in New York.  

13                 And with this program, these are 

14    New Yorkers.  These are New Yorkers who are 

15    willing to take a risk to become legitimate 

16    businesspeople in their communities and to become 

17    exactly those entrepreneurs, start-ups, small 

18    businesses that I think all of us talk about 

19    almost every day wanting to do more for.

20                 So I have to say even if you're 

21    still not sure you love the product of cannabis, 

22    there's so many buttons that are pressed with 

23    this model that I think are exactly what the 

24    State of New York and many of us think we ought 

25    to be doing.


                                                               2175

 1                 SENATOR BORRELLO:   Mr. President, 

 2    on the bill.

 3                 THE PRESIDENT:   Senator Borrello on 

 4    the bill.

 5                 SENATOR BORRELLO:   Senator Krueger, 

 6    thank you.  Don't get too comfortable.  I have 

 7    more questions on something else, though.

 8                 You know, I think most of us thought 

 9    this $200 million was going to be a grant 

10    program.  I think that's how it was sold by the 

11    Office of Cannabis Management.  Quite frankly, I 

12    would consider this a bit of a bait-and-switch.  

13    You're talking about $150 million at prime plus 

14    8, which is essentially credit card rates.  But 

15    then we're also saying we're going to limit 

16    you -- we're going to increase your risk by not 

17    having personal guarantees.  We're going to limit 

18    what you can invest in.  You actually can't 

19    invest in the business, you're only investing in 

20    the property.  

21                 I don't see a lot of private equity 

22    firms jumping up and down for this.  So maybe the 

23    state's going to have to provide a little bit 

24    more guarantee of some kind in order for this to 

25    actually work.  I suspect that's going to be the 


                                                               2176

 1    case.

 2                 Now, at that interest rate, you 

 3    certainly are going to have private equity firms 

 4    that are willing to take that risk and have a lot 

 5    of failures, because they're going to be making a 

 6    lot of profit.  But isn't this the same group of 

 7    people that we've always been concerned about in 

 8    the past that have been taking advantage?  I 

 9    mean, I'm on the Banks Committee.  We talk about 

10    this all the time.  People in disadvantaged 

11    communities being taken advantage of with usury 

12    rates in order to get funding for things that 

13    they need.  

14                 The state's now actually involved in 

15    that.  We're actually going to be actually 

16    sanctioning high-rate loans to people in 

17    disadvantaged communities so they might have an 

18    opportunity.  

19                 So if the state really wanted to 

20    give these folks an opportunity, we'd step up -- 

21    the whole 200 million, which was originally 

22    promised.  Now, I can tell you that I think I 

23    know why that's not the case.  It's because the 

24    projections of revenue have plummeted since this 

25    was proposed last year, from $300 million to 


                                                               2177

 1    $56 million.  So there's not enough money there 

 2    to do this.  You'd have to give up essentially 

 3    the first three years of the state's return on 

 4    their investment, if you will, to fund these 

 5    things.

 6                 So this all goes back to the main 

 7    fundamental question, to me:  Is this really 

 8    going to be a good deal for New Yorkers?  Is this 

 9    really going to be the panacea that it was sold 

10    as?  I don't think it is.  

11                 And if the goal was to do that, then 

12    we'd have better numbers.  But if the goal was 

13    just we're going to decriminalize marijuana, 

14    we're going to let people grow it at home, we're 

15    not going to have any consequences for the legal 

16    possession of illegal marijuana -- and that's 

17    what we want as New Yorkers, that's the 

18    progressive way -- then fine, that's what it 

19    should have been sold as.  Because now we've got 

20    all this convoluted stuff around this program 

21    that was supposed to be so amazing, it was going 

22    to provide so much revenue, so much economic 

23    opportunity, especially for people in 

24    disadvantaged communities.  

25                 Well, at prime plus 8, I don't think 


                                                               2178

 1    it's a great investment for a lot of people.  And 

 2    I would be concerned that these folks are going 

 3    to get themselves in over their head.  Because 

 4    maybe it's not in this part of it, but there's a 

 5    lot of other things to operate the business that 

 6    are going to require a lot of money and a lot of 

 7    investment, and those are the things that could 

 8    bury these people.  

 9                 Because most businesses do indeed 

10    fail.  Nine out of 10 fail in the first five 

11    years.  And this is not going to be any 

12    different, especially because New York State has 

13    allowed the illegal market, the black market, to 

14    boom.  Which is going to make the profitable 

15    legal business a challenge.  

16                 So, Mr. President, I'm skeptical at 

17    best.  Thank you.

18                 THE PRESIDENT:   You have more 

19    questions?  

20                 SENATOR BORRELLO:   A different -- 

21    different topic.

22                 THE PRESIDENT:   That's fine.  

23    Just -- will the sponsor just --

24                 SENATOR BORRELLO:   Will the sponsor 

25    continue to yield?  


                                                               2179

 1                 THE PRESIDENT:   Does the sponsor 

 2    yield?

 3                 SENATOR KRUEGER:   Surely.

 4                 THE PRESIDENT:   The sponsor yields.

 5                 SENATOR BORRELLO:   I just want to 

 6    speak a little about the bond act.  I have a 

 7    couple of questions on the bond act.

 8                 So the original bond act that the 

 9    Governor proposed was $3 billion -- I'm sorry, 

10    the environmental bond act, to be specific.  And 

11    this has now been bumped up to 4.2 billion; 

12    correct?  

13                 So my first question on this is the 

14    bond act provides a suballocation of about 

15    $500 million for school buses and infrastructure.  

16    Is there any protection for smaller, poorer 

17    school districts that might need a lot more money 

18    to transform their fleet to electric?  

19                 SENATOR KRUEGER:   So yes, 

20    500 million to -- for electric school buses, 

21    non-diesel school buses, yes.

22                 And yes, there's a recognition that 

23    different school districts have different models 

24    now for leasing or owning school buses and that 

25    we'll need to be making adjustments for that.  


                                                               2180

 1                 The recognition that there may be 

 2    significant economies of scale if the state is 

 3    doing its own research and even purchasing of 

 4    buses for school districts.  So that's open to 

 5    that possibility.

 6                 We're -- 35 percent is committed to 

 7    disadvantaged communities -- oh, sorry.  Because 

 8    we passed that fabulous CLCPA, it requires us, 

 9    for any of these climate change actions moving 

10    forward, to require that 35 percent of all 

11    spending is specific to disadvantaged 

12    communities.  So that would apply also with the 

13    school buses question.

14                 They do not all have to convert 

15    within X number of years.  It's just that new 

16    buses that are being purchased or leased have to 

17    be electric by 2027.

18                 SENATOR BORRELLO:   Thank you.

19                 Will the sponsor continue to yield?  

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR KRUEGER:   Yes.

23                 THE PRESIDENT:   The sponsor yields.

24                 SENATOR BORRELLO:   So the one-house 

25    budget included funding for municipal buses to be 


                                                               2181

 1    electrified, but it looks like this enacted 

 2    budget's going to only be limited to school 

 3    buses.  But, you know, there's fewer public 

 4    transit systems, and they're likely a much higher 

 5    source of emissions because they're running 24/7 

 6    in many cases.  

 7                 Wouldn't we try to rather upgrade 

 8    them first to zero emissions?  Because, you know, 

 9    you're talking about tackling 600-plus school 

10    districts in the state.  This would be less 

11    entities that are likely producing more 

12    emissions.  Wouldn't we be better off doing that 

13    first?  

14                 SENATOR KRUEGER:   So I certainly 

15    would have liked to do both, but we had a 

16    limitation on money.  Because I think in our 

17    one-house we were doing both, actually.  And so 

18    one got knocked out.

19                 But I think there is almost 

20    universal agreement that the importance of making 

21    sure that we have a statewide system of 

22    non-polluting school buses is crucial to every 

23    community in the state.

24                 Now, when you're talking about mass 

25    transit for bus systems overall, we still believe 


                                                               2182

 1    we can be moving forward through the MTA, our 

 2    largest regional mass transit system, to move 

 3    them to non-polluting buses with not necessarily 

 4    having to go through this bond act.

 5                 SENATOR BORRELLO:   Thank you.

 6                 Mr. President, will the sponsor 

 7    continue to yield?  

 8                 THE PRESIDENT:   Does the sponsor 

 9    yield? 

10                 SENATOR KRUEGER:   Yes.

11                 THE PRESIDENT:   The sponsor yields.

12                 SENATOR KRUEGER:   Of course, sorry. 

13                 SENATOR BORRELLO:   So the last 

14    question on this.  The bond act also provides 

15    about $400 million for upgrading buildings to 

16    reduce their carbon output.  

17                 But NYSERDA also has a similar 

18    program, with an annual budget of 1.7 billion 

19    annually.  Wouldn't it make sense to just direct 

20    NYSERDA, which has a much larger fund -- that's 

21    funded by ratepayers, actually, not by taxpayers.  

22    You know, they can return more in the form of tax 

23    credits and so forth.  Wouldn't it just be easier 

24    and better for them to just take a fraction of 

25    the percentage and have NYSERDA do it?


                                                               2183

 1                 SENATOR KRUEGER:   So the money 

 2    through the bond act is for capital.  And the 

 3    programs through NYSERDA are not generally 

 4    capital funds, they are reimbursements to -- or 

 5    grants to personal homes or businesses.  

 6                 So I don't think that the question 

 7    is could one replace the other, because the truth 

 8    is when you look at our problems of 

 9    overcarbonization, it's buildings.  Buildings and 

10    vehicles, those are our two major problems that 

11    we need to be addressing.  

12                 And NYSERDA itself has a report 

13    showing that we really need $10 billion a year of 

14    capital commitments to our climate change agenda 

15    to meet our targets.  So I don't think talking 

16    about reducing one activity versus another is the 

17    direction the state needs to go.  I would 

18    actually argue we need to be moving further 

19    faster.  

20                 And I wish that we had more capital 

21    money to put in through both sets of programs to 

22    accomplish our goals.  Because truthfully, the 

23    faster we move to electric vehicles, the faster 

24    we move to decrease carbonization coming out of 

25    our buildings, the sooner we get to the solution 


                                                               2184

 1    to the problem Jim Tedisco and I were discussing 

 2    last night:  What are we doing about the price of 

 3    gas?  

 4                 Because here's the truth.  The price 

 5    of gas is going to keep going up as we have to 

 6    get off of it, and we are being held basically 

 7    hostage by dictators of oil companies around the 

 8    world, and oil countries around the world, and so 

 9    we need to get off of fossil fuels as fast as 

10    possible.  We need to be making these 

11    investments, because that's the only way we 

12    actually are going to not just save money for our 

13    consumers, but also save our planet.

14                 SENATOR BORRELLO:   Mr. President, 

15    on the bill.

16                 THE PRESIDENT:   Senator Borrello on 

17    the bill.

18                 SENATOR BORRELLO:   Thanks once 

19    again, Senator Krueger.

20                 You mentioned that this whole idea 

21    of going to electrification of everything is 

22    going to be the solution to us decarbonizing.  

23    But I would argue that's just not the case.  

24    Because the reality is New York is importing more 

25    and more power than it ever has from other 


                                                               2185

 1    states.  In fact, where I'm from, most of the 

 2    electricity -- which used to come locally, that 

 3    was produced in New York State by two NRG plants, 

 4    both of which were supposed to be repowered with 

 5    natural gas, which is a much larger -- much 

 6    smaller carbon footprint than coal, those plants 

 7    have been shut down and we're now importing power 

 8    from a place in Homer City, Pennsylvania, which 

 9    is a 60-year-old dirty cut power plant -- dirty 

10    coal power plant.  

11                 So I would argue that instead of 

12    repowering the plant, which was promised by 

13    Governor Cuomo and then rescinded, it would have 

14    meant a much smaller carbon footprint.  But 

15    there's more and more issues like this, because 

16    every day we are building new transmission lines 

17    to import power from largely coal plants.  So 

18    really what this is is it's not actually an 

19    attempt to really decarbonize New York, it's just 

20    a shift where the carbon's being produced, where 

21    the pollution and the greenhouse gas emissions 

22    are coming from.  

23                 But we're told this is global 

24    climate change, so does it matter if the carbon 

25    emissions are being done in New York or in 


                                                               2186

 1    neighboring Pennsylvania or Ohio or Ontario or 

 2    wherever else that we're importing power from -- 

 3    a record amount of power.  So really what this is 

 4    is a shell game.  It's a shell game to pretend 

 5    that we're doing something about climate change.  

 6                 And the fact is we don't have the 

 7    resources to increase our electricity capacity in 

 8    New York State.  We've shut down nuclear plants, 

 9    we've stopped the import of natural gas and the 

10    powering of natural gas, which is abundant in 

11    New York State.  Which, again, would have been a 

12    great way -- a great bridge fuel to bridge us to 

13    eventually, when the technology catches up, to 

14    something that's completely renewable.  

15                 But we're not doing that.  We're 

16    just going to pretend, and we're going to keep 

17    importing more power and we're going to ramp up 

18    places like Homer City, Pennsylvania, that is 

19    spewing pollution into the air, to supply the 

20    power that's needed largely in New York City.  

21    Because where I live, 88 percent of our power is 

22    already clean and green and renewable, because we 

23    have a lot of hydroelectric power.  We're the 

24    third-largest producer of hydroelectric power in 

25    America, as a matter of fact.  


                                                               2187

 1                 We're not the problem, quite 

 2    frankly, where I live.  The problem is in 

 3    New York City.  So either you're going to use 

 4    less electricity or you're going to continue to 

 5    pretend that things like this, this $4.2 billion 

 6    bond act, is actually going to do something about 

 7    it.  Unfortunately, it's not.  But we can 

 8    continue to pretend we're doing something about 

 9    it.  

10                 Thank you, Mr. President.

11                 THE PRESIDENT:   Senator Martucci on 

12    the bill.

13                 SENATOR MARTUCCI:   Thank you, 

14    Mr. President.  On the bill.  

15                 So I just want to take a moment to 

16    call out several provisions in this bill that 

17    weren't praised.  One of them is, at long last, 

18    the repeal of the DOT right-of-way fee.  

19                 You know, broadband connectivity is 

20    a struggle for so many people, so many people in 

21    my district.  And the pandemic has highlighted a 

22    lot of things, but certainly the importance of 

23    being able to work and attend school from home.  

24    And in the places that I represent and in many 

25    places that my colleagues represent, broadband 


                                                               2188

 1    still remains a tremendous struggle today.  

 2                 And the DOT right-of-way tax that 

 3    was imposed by our former governor was one of the 

 4    biggest obstacles to finally closing this gap and 

 5    addressing the problem in a big way.

 6                 I'm a businessperson, and 

 7    businesspeople in business study market trends 

 8    and look at signals to really determine where 

 9    they're going to make investments.  And in this 

10    case, in the past, this state and this body have 

11    sent a very clear market signal that broadband 

12    expansion wasn't wanted here, by taxes like this.  

13                 So today I'm glad because all of our 

14    constituents are going to win.  We're going to 

15    walk this back, and we're going to finally put 

16    our money where our mouth is and head in the 

17    right direction.  

18                 The Republican Conference all voted 

19    against this provision when it was originally 

20    presented in this body several years ago, and 

21    since it was enacted we've been speaking out 

22    strongly against this.  So I guess today it sort 

23    of is a degree of vindication.  Nothing says mea 

24    culpa like repealing a provision of the law.  So 

25    that is certainly a big win.


                                                               2189

 1                 I want to thank my colleagues on 

 2    both sides of the aisle.  I want to thank 

 3    Governor Hochul for finally getting behind this 

 4    repeal and getting it done today, and certainly 

 5    the tremendous work of Senator O'Mara and 

 6    Senator Ortt in particular, who have been leading 

 7    on this issue.

 8                 You know, finally, I want to thank 

 9    the broadband providers and the advocates because 

10    I don't think we'd be here today if it wasn't for 

11    key people educating us on this issue.  I know 

12    when I came here, I knew very little about it.  

13                 And specifically Dave Lamendola -- 

14    who I know many of us know -- from Verizon has 

15    been leading on this issue, helping folks in this 

16    body understand how important it is that we take 

17    these steps to repeal this.  So Dave deserves a 

18    great deal of credit.  

19                 And others, folks like Paul Zuber 

20    from the Business Council, other pro-growth 

21    groups that have been calling out what a problem 

22    this is.  So I think that that's certainly -- all 

23    very good things.

24                 I also want to say that the labor 

25    language included here, these are great things.  


                                                               2190

 1    The expansion of PLAs and prevailing wage, 

 2    particularly to the green energy projects -- huge 

 3    step in the right direction.  We should have been 

 4    doing this a long time ago.  I'm glad to see 

 5    we're doing it today.  

 6                 And while I do associate myself with 

 7    the comments of my colleagues with respect to 

 8    some problematic issues -- certainly a couple of 

 9    concerns that are sort of very technical concerns 

10    about some of the things presented in this 

11    bill -- I do like the overall direction of the 

12    environmental bond act, the fact that we're 

13    making strong strides to protect the environment 

14    and protect open space, and in particular taking 

15    big steps to protect our environment, though I do 

16    hold some concerns with other provisions of this 

17    bill in that respect.

18                 So, you know, I guess I'll end by 

19    saying lobbyists oftentimes get a bad name around 

20    here, and rightfully so.  However, in this 

21    particular case there have been several leaders 

22    not only in this chamber but outside of this 

23    chamber that have brought us to this point, and 

24    this is a really great point to be at with 

25    respect to broadband buildout and labor issues 


                                                               2191

 1    and environmental issues.  

 2                 So I thank you for your indulgence, 

 3    Mr. President.

 4                 THE PRESIDENT:   Senator Oberacker.

 5                 SENATOR OBERACKER:   Thank you, 

 6    Mr. President.  I was wondering if I could ask 

 7    one more question on the Part MMM to the bill's 

 8    sponsor.

 9                 THE PRESIDENT:   Does the sponsor 

10    yield?  Senator Krueger, do you yield?  

11                 SENATOR KRUEGER:   Excuse me, 

12    Mr. President.  Of course.

13                 THE PRESIDENT:   The sponsor yields.

14                 SENATOR OBERACKER:   Thank you.

15                 So again, just so that I'm clear, 

16    this question specifically deals with the PLAs.  

17    So on the part that we're talking about, this 

18    bill seems to steer an incredible amount of money 

19    towards projects with PLAs.  Can you tell me what 

20    percentage of the construction workforce is or 

21    would be unionized?

22                 SENATOR KRUEGER:   Through you, 

23    Mr. President, it's not a requirement of the 

24    bill, so we really don't know how much of the 

25    workforce will end up being unionized.


                                                               2192

 1                 SENATOR OBERACKER:   Thank you.

 2                 Through you, Mr. President, would 

 3    the sponsor continue to yield.

 4                 THE PRESIDENT:   Does the sponsor 

 5    yield? 

 6                 SENATOR KRUEGER:   Yes indeed.

 7                 THE PRESIDENT:   The sponsor yields.

 8                 SENATOR OBERACKER:   Thank you.  

 9                 So given that 75 percent of New York 

10    State construction is nonunion, how would the PLA 

11    requirement impact local jobs?

12                 SENATOR KRUEGER:   I'm sorry, 

13    Mr. President, can you show us where there's a 

14    PLA requirement in the bond -- excuse me, in the 

15    broadband proposal?

16                 SENATOR OBERACKER:   So yeah, 

17    through you, Mr. President.  Through the 

18    Infrastructure Investment Act, it requires a 

19    projected labor agreement for all projects.  And 

20    so I'm just wondering -- my concern is that is 

21    this going to again, in some way, shape or form, 

22    either slow down and/or impact cost-wise the 

23    projects moving forward?

24                 SENATOR KRUEGER:   Could you cite 

25    the page and the section to us?  Because we're 


                                                               2193

 1    not sure the reference is to the broadband 

 2    section of the bill.  Sorry.

 3                 SENATOR OBERACKER:   So through you, 

 4    Mr. President, where I'm looking at, this would 

 5    be in the Part AA, the Infrastructure Investment 

 6    Act, and in Part OO, in the Clean Water, Air and 

 7    Green Jobs Bond Act.

 8                 SENATOR KRUEGER:   Thank you, 

 9    Mr. President.

10                 So the first reference is actually 

11    to the section that applies to design-build, not 

12    to the broadband.  So let's answer that first.

13                 So if in design-build, if the 

14    project is more than $25 million, they would have 

15    to use a PLA.  Otherwise, they could not use the 

16    design-build option for themselves.

17                 SENATOR OBERACKER:   Thank you.  

18                 That's all I have, Mr. President, 

19    thank you.

20                 THE PRESIDENT:   Are there any other 

21    Senators wishing to be heard?

22                 Seeing and hearing none, debate is 

23    closed.

24                 I'm sorry, Senator Mattera, would 

25    you like to speak on the bill?  


                                                               2194

 1                 SENATOR MATTERA:   Yes.  No, 

 2    actually I'd like to speak -- yes, speak on the 

 3    bill.  No questions.

 4                 THE PRESIDENT:   Senator Mattera on 

 5    the bill.

 6                 SENATOR MATTERA:   Thank you, 

 7    Mr. President.  

 8                 I'm very, very pleased to be here 

 9    today about this bill, especially about the Part 

10    AA with the project labor agreement language.

11                 You know, me as a labor leader for 

12    20 years, being 41 years in Plumbers Local 200, 

13    project labor agreements are so, so important for 

14    all workers.

15                 You know, one thing I've been -- 

16    when I go to projects, I see out-of-state 

17    workforce coming into our area and taking our 

18    jobs away.  And I always say local jobs for local 

19    people and how important that is, because that 

20    helps a whole local economy for all of us -- for 

21    people -- for our members and people to go spend 

22    money locally.

23                 This is so, so important that this 

24    project labor agreement is in this bill, and I am 

25    very, very proud to say that I am in favor and I 


                                                               2195

 1    vote aye.  

 2                 Thank you.

 3                 THE PRESIDENT:   Are there any other 

 4    Senators wishing to be heard?

 5                 Seeing and hearing none, debate is 

 6    closed.  The Secretary will ring the bell.

 7                 Read the last section.

 8                 THE SECRETARY:   Section 3.  This 

 9    act shall take effect immediately.

10                 THE PRESIDENT:   Call the roll.

11                 (The Secretary called the roll.)

12                 THE PRESIDENT:   Senator Cleare to 

13    explain her vote.

14                 SENATOR CLEARE:   I rise in support 

15    of TED Part Q, which contains the sum and 

16    substance of my bill, S8083A, which ensures that 

17    incarcerated individuals are provided with the 

18    affirmative opportunity to secure nondriver 

19    DMV-issued I.D. cards before they are released.  

20                 The purpose of incarceration is 

21    rehabilitation and growth.  Our entire system 

22    should be directed towards those moral ends.  

23    What my bill and Part Q does is proactively solve 

24    a persistent challenge for those reintegrating 

25    into society, supplying them with a state-issued 


                                                               2196

 1    I.D. 

 2                 When you are released from 

 3    incarceration, often the world around you has 

 4    changed significantly.  You now have new 

 5    challenges in front of you, obligations to family 

 6    and friends, and sometimes post-release 

 7    supervision to follow.  Navigating the hurdles to 

 8    obtain a nondriver I.D. can be a difficult task 

 9    for anyone to accomplish, let alone for someone 

10    leaving prison with only the clothes on one's 

11    back.  

12                 If we are interested in moving 

13    individuals to successful reentry, it only makes 

14    sense that we provide them with a state-issued 

15    I.D.  Who better than the state to identify an 

16    individual?

17                 An I.D. is needed for so many things 

18    in life -- housing, employment, medical care, 

19    banking, access to social services, and more.  

20    The bill provides -- this bill provides a basic 

21    step towards a healthy new beginning for released 

22    individuals, and I am elated that we are passing 

23    it.

24                 Thank you to my floor counsel, 

25    Adriele Douglas.  Thank you so much for your hard 


                                                               2197

 1    work on this, and all the other staff for making 

 2    it your mission to get this done.

 3                 Thank you.

 4                 THE PRESIDENT:   Senator Cleare to 

 5    be recorded in the affirmative.

 6                 Senator Ryan to explain his vote.

 7                 SENATOR RYAN:   Thank you, 

 8    Mr. President.

 9                 So many great things in this section 

10    of the budget, including the wetlands protections 

11    that we have been looking for in New York State 

12    for a generation.  So congratulations to the hard 

13    work that went into pushing this across the line.

14                 Really happy to see that the WIRED 

15    Broadband Act was included in this section of the 

16    budget.  Over 100,000 New Yorkers have no 

17    consistent or no ability to connect to internet.  

18    Two hundred thousand New Yorkers have internet, 

19    but it's not high speed.  It's the sort of, you 

20    know, old-fashioned internet that doesn't work on 

21    most days.

22                 But with the infusion of federal 

23    money, we have a chance to get it right.  This is 

24    our one shot.  We've spent a lot of money over 

25    the last few years on trying to improve 


                                                               2198

 1    broadband.  Guess what?  It really hasn't moved 

 2    the needle too much.  

 3                 So with this, we're able to get a 

 4    good, consistent connectivity for all 

 5    New Yorkers.  It's a comprehensive plan, and it's 

 6    utilizing the federal money that's come through 

 7    the stimulus program, a match with the state 

 8    funding in a manner that's going to be both 

 9    efficient and transparent.  

10                 The proposal creates the Advisory 

11    Council on Broadband Development, so it's just 

12    going to work it through.  We're not just saying, 

13    you know, here's over a billion dollars, go have 

14    at it.  We've done that over the last three 

15    gubernatorial terms, and it hasn't worked.

16                 So it's going to be more than 

17    delivering us broadband.  We're going to have 

18    hidden benefits in there, right?  So there's 

19    transparency in there, and we're going to connect 

20    a lot of homes to broadband.  But we're going to 

21    make sure that we can also inject high-road 

22    economic principles into that.  

23                 You know, what does that mean?  

24    Well, we're going to use the broadband money as 

25    part of training the workforce for tomorrow.  


                                                               2199

 1    High-tech jobs are necessary to connect the 

 2    broadband.  

 3                 This doesn't just happen in an 

 4    unregulated place; this happens through 

 5    regulations.  So there will be labor standards 

 6    and wage protections associated with this act.  

 7    So when this money flows through, it won't be 

 8    part of the race to the bottom, where we pay 

 9    people the least amount possible to get the work 

10    done, and they may go back to another state -- 

11    then we're left with a bad product and no trained 

12    workforce.  

13                 So this bill is very comprehensive.  

14    It has reporting requirements.  There's municipal 

15    authorizations, there's wage standards.  And the 

16    best part about it is the full prevailing wages 

17    for both private and private municipal, no 

18    exceptions.  We're going to have, at the end of 

19    this, a much better broadband connectivity, 

20    whether you live in a rural area that has no 

21    broadband or you live in an urban area where it's 

22    spotty.  

23                 This is the step forward.  This is 

24    one part of the great budget.  And Mr. President, 

25    I'm proud to cast my vote in the affirmative.  


                                                               2200

 1                 THE PRESIDENT:   Senator Ryan to be 

 2    recorded in the affirmative.

 3                 Senator Harckham to explain his 

 4    vote.

 5                 SENATOR HARCKHAM:   Thank you very 

 6    much, Mr. President.

 7                 I join colleagues in saying there 

 8    are a lot of good things in this bill.  I just 

 9    want to focus on a couple.  And I want to thank 

10    my friend and colleague Senator Jackson for 

11    reminding me I did indeed have two hours of sleep 

12    and said 2005 and 2008 instead of 2025 and 2028.  

13    So best-laid plans.  

14                 I want to thank my colleague for a 

15    spirited debate and for asking some really 

16    pointed questions.  And it's true, we have had 

17    deficient maps for the last 20 years, and that is 

18    a point of this entire bill.  

19                 The question is, can we afford to do 

20    this?  The real point is we cannot afford not to 

21    do this.  Our freshwater bodies are compromised.  

22    It's impacting the water quality.  My district, 

23    as I mentioned before, which provides half the 

24    drinking water for New York City, our 

25    municipalities are now paying $65 million to 


                                                               2201

 1    recreate wetlands to protect these reservoirs 

 2    that nature used to do.

 3                 So I'm just so thankful for 

 4    colleagues supporting this measure.  Also 

 5    thankful for Chairman Englebright, in the 

 6    Assembly, and for the Governor and everyone's 

 7    teams coming together on this.

 8                 The other thing I want to touch on 

 9    are the issue of the electric buses in the bond 

10    act.  This is a huge win, especially for the 

11    kids.  Kids who ride school buses breathe in 

12    15 times more harmful pollutants than people who 

13    don't ride school buses.

14                 Oftentimes this impacts our 

15    environmental justice communities, which have 

16    much higher instances of asthma, respiratory 

17    disease, heart disease -- and it's because of the 

18    diesel fumes and the particulates.  

19                 But I think we also need to look at 

20    jobs.  This is not just about improving our 

21    environment and our climate, which obviously we 

22    are striving to do.  We are going to be creating 

23    good-paying jobs right here in New York State.  

24    And electronic technology is cheaper.  It is now 

25    cheaper to produce a kilowatt of electricity 


                                                               2202

 1    through wind and solar than it is through 

 2    carbon-based technologies.

 3                 So there are a lot of wins in this 

 4    budget, and I'm really proud to support this 

 5    section of it.  I vote aye.

 6                 THE PRESIDENT:   Senator Harckham to 

 7    be recorded in the affirmative.

 8                 Senator Skoufis to explain his vote.

 9                 SENATOR SKOUFIS:   Thank you very 

10    much, Mr. President.  

11                 No budget is perfect.  This budget's 

12    not perfect.  Any of my previous nine budgets 

13    I've been in the State Legislature and have 

14    worked on have not been perfect.  And we can 

15    nitpick all day:  This item, that item is not 

16    what I want it to be, it does not go far enough.  

17    And we've heard a lot of that over the past 

18    24 hours or so.  

19                 But let's not lose sight of the fact 

20    that this budget will transform the lives of 

21    millions of average New Yorkers.  And 

22    New Yorkers, Americans, citizens do not expect 

23    government to solve all their problems.  They 

24    don't want government to solve all their 

25    problems.  But they do want government to be 


                                                               2203

 1    responsive, and they want government to try and 

 2    help them a little bit with their problems.

 3                  And so what this budget does will 

 4    allow millions of New Yorkers to get better home 

 5    care, to get better childcare, to get for the 

 6    first time UPK, four-year-olds attending 

 7    prekindergarten.  Billions of dollars will be 

 8    coming to repave roads and repair bridges in the 

 9    Hudson Valley.  We are going to be providing 

10    relief at the pump, providing relief with income 

11    tax cuts, providing relief with property tax 

12    rebates.  

13                 These are meaningful, meaningful 

14    items for millions of New Yorkers that helps 

15    restore the trust in state government that's so 

16    desperately needed.

17                 And so I'm proud to support this 

18    bill.  I'm proud to have the Majority Leader 

19    leading the way, as usual, to make sure that 

20    we're getting these important items across the 

21    finish line.

22                 But I want to really focus on one 

23    that has not been talked about all too much, and 

24    that is we have for the first time a provision in 

25    this budget that will audit every single economic 


                                                               2204

 1    development tax incentive in New York State.  

 2                 And I and many colleagues -- this 

 3    side of the aisle and that side of the aisle -- 

 4    every year have gone on and on, rightfully so, 

 5    about how we spend billions and billions and 

 6    billions of dollars on projects and other 

 7    incentives that are not held to account.  We have 

 8    no idea whether we're getting a return on 

 9    investment.  We have no idea whether those are 

10    worthwhile investments.

11                 And for the first time now, we are 

12    going to know what works, what doesn't work, and 

13    fix what doesn't work on behalf of our taxpayers.

14                 I want to thank my colleagues for 

15    their support around that provision.  I want to 

16    thank the Majority Leader for an outstanding 

17    budget that will impact, in a very meaningful 

18    way, millions of New Yorkers.  

19                 I vote aye.  Thank you.

20                 THE PRESIDENT:   Senator Skoufis to 

21    be recorded in the affirmative.

22                 Senator May to explain her vote.

23                 SENATOR MAY:   Thank you, 

24    Mr. President.

25                 I also will vote aye on this bill.  


                                                               2205

 1    And I want to single out two components of it 

 2    that I think are really important.  

 3                 Senator Ryan talked about the 

 4    broadband.  I want to focus on one piece of that 

 5    WIRED Act that supports municipal broadband, 

 6    because this is something that has helped 

 7    communities around the country, around the world, 

 8    to not only assure access but to promote 

 9    prosperity in those communities.  And I hope that 

10    we will get more municipal broadband in this 

11    state as a result of this bill.

12                 And I want to congratulate Senator 

13    Harckham on moving the wetlands bill to this 

14    point, because this is absolutely critical.  

15    Three hundred years ago, on the shore of Onondaga 

16    Lake there was enormous wetland.  It was a scene 

17    of incredible biodiversity, and it was the center 

18    of one of the greatest civilizations on earth, 

19    the Haudenosaunee Confederacy.  

20                 When Syracuse grew up in that area, 

21    the first thing that people did was drain the 

22    swamp.  And honestly, Syracuse, much as I love 

23    the city, I think we have regretted it ever 

24    since.  Because we still have flooding in those 

25    areas.  We still have a whole region around the 


                                                               2206

 1    lake where it's hard to build, it's hard to 

 2    develop that area because the ground just isn't 

 3    appropriate to it.

 4                 And if we had -- if the original 

 5    developers of Syracuse had recognized the value 

 6    of those wetlands, I think our city would look 

 7    different, our region would have a different kind 

 8    of ecosystem and much more resilience than we 

 9    have now.  So this bill is going to help us 

10    understand the value of wetlands and make sure 

11    that we preserve them.

12                 So I'm again grateful to 

13    Senator Harckham, to the leadership for making 

14    this happen.  I vote aye.

15                 THE PRESIDENT:   Senator May to be 

16    recorded in the affirmative.

17                 Senator Mannion to explain his vote.  

18    Senator Mannion not to explain his vote.

19                 SENATOR MANNION:  I will, thank you.  

20    Thank you, Mr. President.  I appreciate -- 

21                 THE PRESIDENT:   Senator Mannion 

22    will explain his vote.

23                 SENATOR MANNION:   Yes, I must have 

24    winked or something there, so ...

25                 I just want to say this, that in the 


                                                               2207

 1    area that I represent, we have substantial 

 2    flooding in an area that is -- in tributaries 

 3    that feed the Erie Canal and the surrounding 

 4    region.  It's a beautiful area.  It's a wonderful 

 5    area.  I was proud to advance a bill last year, 

 6    and signed into law, creating the Flood 

 7    Mitigation Task Force.  And I am hopeful that 

 8    many of the dollars that are secured, either in 

 9    the clean water section or within the 

10    environmental bond act, goes to helping the good 

11    people of Cross Lake and the Seneca River to make 

12    sure that we protect them in every way that we 

13    can.

14                 I proudly, for this reason and 

15    others, vote aye.  Thank you, Mr. President.

16                 THE PRESIDENT:   Senator Mannion to 

17    be recorded in the affirmative.

18                 Senator Ramos to explain her vote.

19                 SENATOR RAMOS:   Thank you, 

20    Mr. President.  

21                 You know, it's not just the wetland 

22    maps that were wrong, it's also the flood maps.  

23    And that was a hard-learned lesson by my 

24    neighbors in East Elmhurst back in Queens.  

25    Hurricane Ida really took a toll.  It was also 


                                                               2208

 1    the epicenter of the epicenter of the pandemic.  

 2                 And seeing that we are actually 

 3    allocating funding for our school districts to 

 4    have some wastewater infrastructure is actually 

 5    going to go a long way to helping protect my 

 6    neighbors and their homes.  We need all the flood 

 7    protection we can get.  

 8                 And, you know, overall the reason 

 9    I'm voting aye on this bill is because we are 

10    making a priority out of the infrastructure 

11    upgrades that need to be made.  And I think that, 

12    you know, most if not all of us should be in 

13    agreement on that.  We are in a desperate need 

14    for a Green New Deal, for green jobs, and they 

15    have to be done the right way.

16                 It's not only the infrastructure 

17    that keeps us connected, our roads and bridges, 

18    but it's also broadband.  And doing these from a 

19    point of view with project labor agreements, 

20    making sure that we are creating good jobs, union 

21    jobs, which we know are the best vehicle to the 

22    middle class, is critical for environmental 

23    justice communities like the ones I represent in 

24    the Northwest Queens waterfront.

25                 So I'm thankful for my leader, I'm 


                                                               2209

 1    thankful for my colleagues.  We should be very 

 2    proud of what we were able to do in this TEDE 

 3    bill.  And I vote aye, Mr. President.

 4                 Thank you.

 5                 THE PRESIDENT:   Senator Ramos to be 

 6    recorded in the affirmative.

 7                 Senator Hoylman to explain his vote.

 8                 SENATOR HOYLMAN:   Thank you, 

 9    Mr. President.  I rise to explain my vote in the 

10    affirmative.

11                 This bill contains two items that 

12    are of particular importance to my constituents 

13    and the arts community in my district.  It's a 

14    $220 billion budget, but it's sometimes the small 

15    things that matter most to our constituents.

16                 And as the Senator who represents 

17    Broadway and many independent music venues like 

18    the Blue Note, Smalls, The Village Vanguard and 

19    Birdland, I'm very happy to say that this 

20    legislation is going to be creating the Small 

21    Business Seed Funding Grant Program.  

22                 And we've secured language in this 

23    bill that will ensure that independent arts 

24    workers, like touring musicians, are able to 

25    meaningfully access this funding.


                                                               2210

 1                 During the first year of the 

 2    pandemic, the federal government wisely expanded 

 3    unemployment insurance to cover independent 

 4    contractors and gig workers, which was the only 

 5    way many musicians and artists in my district -- 

 6    the original gig workers -- were able to survive.

 7                 Unfortunately, that program ended 

 8    last year.  And while many independent 

 9    contractors in other businesses were able to get 

10    back to work through virtual means or other 

11    adaptations to safely operate in COVID, those in 

12    the entertainment industry, and particularly 

13    touring musicians, continued to face the 

14    devastating effects of the Delta and Omicron 

15    waves.

16                 Unlike many other industries, if a 

17    single member of a band gets COVID, the rest of 

18    the band cannot simply pick up the slack.  One 

19    person getting COVID can derail an entire tour, 

20    resulting in lost revenues and unrecoverable sunk 

21    costs.  That's why we needed special recognition 

22    for these workers.

23                 This bill is going to allow 

24    independent arts contractors, including touring 

25    musicians, to recover costs incurred and revenues 


                                                               2211

 1    lost due to COVID-19 through January 1, 2022.  

 2                 We've also secured commitments from 

 3    Empire State Development to clarify and 

 4    streamline requirements for the existing Small 

 5    Business Recovery Grant Program, which we 

 6    established last year, to ensure that touring 

 7    musicians and other arts workers can access that 

 8    funding.

 9                 So I want to thank Majority Leader 

10    Andrea Stewart-Cousins, Shontell Smith, 

11    Emma Wallach, and Eric Katz for their assistance 

12    in securing this lifeline, this lifeline for my 

13    constituents.  

14                 I also want to thank the Hochul 

15    administration and Empire State Development for 

16    working with us to find a solution for these 

17    affected workers, and mostly the Music Workers 

18    Alliance in my district, who led a really 

19    heroic -- and noisy -- advocacy campaign, as 

20    musicians are wont to do.

21                 This budget will finally expand the 

22    Entertainment Subsidy Assistance Demonstration 

23    Program also, which helps entertainment workers 

24    afford their COBRA health insurance payments 

25    during episodic employment.  


                                                               2212

 1                 This is something we've all long 

 2    advocated for, and I'm grateful to be able to 

 3    enact this expansion today with my affirmative 

 4    vote.  

 5                 Thank you, Mr. President.

 6                 THE PRESIDENT:   Senator Hoylman to 

 7    be recorded in the affirmative.

 8                 Senator Comrie to explain his vote.

 9                 SENATOR COMRIE:   Good morning.  

10    Thank you, Mr. President.  

11                 I rise today to vote aye on the TEDE 

12    bill, and I want to thank the leader and her 

13    team, Shontell Smith and Eric Katz and all of the 

14    analysts and all of the staff that made this 

15    happen.  There are so many great things in there, 

16    from expanding CHIPS -- where when I first came 

17    here and Senator Kennedy came to me and said that 

18    we need to take care of upstate roads -- and 

19    we're expanding CHIPS funding, we're expanding 

20    other funding of the highways upstate to allow 

21    for more tourism, to allow to continue the 

22    design-build opportunities, which has been a 

23    great cost saving for agencies across the state 

24    and for New York City to mandate that.  

25                 To extend the investment for our 


                                                               2213

 1    entertainment industry in New York for three 

 2    years so that they can have an opportunity to do 

 3    long-term planning.  To keep up with other states 

 4    that are now trying to create entertainment 

 5    opportunities and building film studios all 

 6    across the country, it's important that we make a 

 7    long-term commitment to that industry that is 

 8    expanding upstate as well and developing growth 

 9    and opportunity.  

10                 To doing things to make sure that we 

11    create other opportunities such as the waiving of 

12    the I.D. fees that Senator Cleare spoke about, 

13    the gender X option that we're going to allow 

14    people to truly express themselves throughout 

15    this state.  There are so many other things.  

16                 But I just want to talk in detail a 

17    little bit more about what Senator Skoufis said, 

18    which is known as the Database of Deals bill that 

19    we worked on together.  I want to thank 

20    Senator Skoufis, Senator May, and the entire 

21    Democratic delegation, because there's something 

22    that we need to do as a legislative body, which 

23    is to make sure that the money that these state 

24    agencies are spending, tens of billions of 

25    dollars, are clearly spent in a way that we can 


                                                               2214

 1    understand it and interpret it -- not two years 

 2    later, not after the fact, but actually during 

 3    the quarter that they're spending this money.

 4                 It's important that we understand 

 5    how all these state agencies are spending the 

 6    money with MWBE, with local contractors, with 

 7    in-state contractors, how they're doing the 

 8    things that they're spending tens of billions of 

 9    New York State dollars for our New York State 

10    residents, and oftentimes we have no contact or 

11    no understanding until way after the contract was 

12    let and we find out that these contracts were let 

13    to people that have no concern or no compassion 

14    or no real purpose in really delivering a quality 

15    product to New York State.

16                 So I'm glad that this Database of 

17    Deals bill, as they call it, will open up all 

18    these state agencies to show procurement, to show 

19    the MWBE stats, to show the ability to make sure 

20    that the state is being responsible in their 

21    procurement, that their procurement is going to 

22    be New York-based as much as possible, and that 

23    we are going to have these deals that we can 

24    understand clearly where we're spending our 

25    dollars in New York State.


                                                               2215

 1                 So I want to thank the leader for 

 2    understanding that.  There's more that we need to 

 3    do in these areas, but this is a great start to 

 4    show real transparency on how we're spending our 

 5    public dollars.  

 6                 Mr. President, I proudly vote aye.  

 7    Thank you.

 8                 THE PRESIDENT:   Senator Comrie to 

 9    be recorded in the affirmative.

10                 Senator Kaminsky to explain his 

11    vote.

12                 SENATOR KAMINSKY:   Thank you, 

13    Mr. President.

14                 It's been a long time since I've 

15    been in this room with so many colleagues, and 

16    it's really great to see everybody.

17                 The first thing that captured my 

18    attention and stunned me, which I hadn't seen 

19    before, was Senator Tedisco and Senator Hoylman 

20    sitting next to each other.  And I see the 

21    makings of a sitcom, like a buddy sitcom.  

22                 (Laughter.) 

23                 SENATOR KAMINSKY:   It's kind of 

24    like we could solve the world's problems if -- I 

25    don't think they're finishing each other's 


                                                               2216

 1    sentences yet, but we'll get there.

 2                 (Laughter.)

 3                 SENATOR KAMINSKY:   I rise today to 

 4    speak my vote in the affirmative -- 

 5                 (Inaudible; laughter.)

 6                 SENATOR KAMINSKY:   -- to speak in 

 7    the affirmative for this budget.  As the chair of 

 8    the EnCon Committee, I'm very proud of the 

 9    environmental leaps that this budget helps our 

10    state take.  We're going to expand our brownfield 

11    program, do historic wetlands protection -- thank 

12    you, Senator Harckham for your work on that.  

13    We've been wanting to do that for a long time.

14                 But I'm really most excited about 

15    the bond act.  If you rewind just about 

16    14 months, there was no talk about the bond act.  

17    It wasn't in the Executive Budget, it wasn't 

18    anywhere.  And this Senate conference came 

19    together to say that the needs, the 

20    infrastructure needs of our state are too great, 

21    both in terms of building in resiliency that our 

22    communities need -- and as someone who lives in a 

23    community that's an island, where the ocean met 

24    the bay in the middle of Hurricane Sandy and 

25    everything was underwater, boy, do we know how 


                                                               2217

 1    important that is.  

 2                 But also in terms of fighting 

 3    climate change, this bond act is really going to 

 4    do so much.  This conference put it on the map, 

 5    we got it into the budget last year, it's an even 

 6    increased one next year.  When you think of the 

 7    needs of our state, from the Adirondacks down to 

 8    Queens, they're staggering.  We still have lead 

 9    pipes in far too many places.  We still have 

10    low-lying areas that are prone to flooding where 

11    important infrastructure is.  Everyone thinks the 

12    good old days were all so good, but I'd like to 

13    go back to some of those engineers a hundred 

14    years ago and ask them why building the Long 

15    Island Train Station one foot above sea level was 

16    a good idea.  But there are all these things that 

17    we have to change.

18                 The fact that we're going to be 

19    spending hundreds of millions of dollars to help 

20    convert school buses to electric buses I think is 

21    great.  We're making that commitment today.  And 

22    of course like Senator Ramos said, we're going to 

23    be doing this by supporting great jobs in areas 

24    that are going to help propel our middle class 

25    and move our state forward.  So this bond act is 


                                                               2218

 1    really good news.  

 2                 But as my aunt used to like to say, 

 3    it's the little things that count.  And I'm 

 4    really excited about a little study in this 

 5    budget about a bridge in my area called the Loop 

 6    Parkway.  And the Loop Parkway Bridge was built 

 7    in the Great Depression, and it's part of FDR's 

 8    economic plan.  But because the parts are a 

 9    hundred years old, they get stuck in the "up" 

10    position a lot.  

11                 But here's the crazy part.  Even 

12    when it's working on a summer's Saturday, for 

13    example, when thousands of cars are headed to the 

14    beach, when Joe wants to go in his boat, the 

15    bridge opens, once an hour, and thousands of 

16    people watch Joe go through in his boat, and then 

17    it closes and everyone moves on with their life 

18    again.  

19                 We can do better.  We're going to 

20    study that and figure out how to create more 

21    modern infrastructure to better the lives of 

22    Long Islanders.  

23                 So for big reasons and small, I'm 

24    voting yes on this budget, grateful to be part of 

25    a conference that keeps moving our state forward.  


                                                               2219

 1    And it's good to see everybody again, and I look 

 2    forward to seeing the sitcom play out.

 3                 (Laughter.)

 4                 THE PRESIDENT:   Senator Kaminsky to 

 5    be recorded in the affirmative.

 6                 Senator Kennedy to explain his vote.

 7                 SENATOR KENNEDY:   Thank you very 

 8    much, Mr. President.

 9                 First of all.  I rise to support 

10    this section of the bill.  I'm very excited about 

11    so many things in this budget and look forward to 

12    discussing them further with all of my 

13    colleagues.  

14                 I rise to speak on a number of items 

15    in this budget.  First let me start by thanking 

16    Majority Leader Andrea Stewart-Cousins for her 

17    leadership and her due diligence; of course the 

18    team for all of their hard work; our colleagues 

19    throughout the course of the last several months; 

20    Deputy Leader Gianaris for his leadership on the 

21    floor and in conference.

22                 I want to recognize Governor Hochul 

23    for her partnership in getting us to this point.  

24                 We are celebrating a lot in this 

25    budget.  And in this particular portion of the 


                                                               2220

 1    bill that deals with so many initiatives as it 

 2    pertains to transportation -- and as the 

 3    Transportation chair, I've got to tell you, I am 

 4    really, really enthused by the deliverables that 

 5    we are all going to bring to our communities 

 6    across New York State and be able to transform 

 7    our state from top to bottom.  

 8                 The initiatives that have already 

 9    been talked about are great.  I want to highlight 

10    a couple that I think are historic and 

11    transformative.  We're talking about a 

12    multi-billion-dollar bond act, the environmental 

13    bond act.  Included in that bond act are the 

14    electrification of our school buses that are 

15    going to transform all of our communities and 

16    make New York State the leader in the nation as 

17    it pertains to not only environmental justice, 

18    but social justice.  

19                 School buses today, these diesel 

20    buses are one of the leading pollutants in our 

21    nation.  And New York State is saying not only 

22    are we going to play a leading role in 

23    transforming the school buses from diesel to 

24    fully electric, but we're going to expedite that 

25    time frame.  So school districts by 2027 -- 


                                                               2221

 1    within five years -- are going to be necessitated 

 2    to purchase electric school buses.

 3                 They can get a two-year waiver.  But 

 4    by 2035, all school buses in the State of 

 5    New York are going to be removed from the carbon 

 6    footprint.  That is worth celebrating, 

 7    Mr. President.

 8                 And we're putting our money where 

 9    our mouth is.  In this environmental bond act, 

10    $500 million, half a billion dollars, to do so.  

11    Plus the resources brought to the table through 

12    OGS and NYSERDA that are going to help these 

13    school districts with the infrastructure 

14    necessary to help them meet these goals.  

15                 So we're helping not only deliver 

16    from an ideological perspective and a financial 

17    perspective, but we're providing the 

18    infrastructure behind the scenes to get our 

19    school districts where they need to be.

20                 With three children in school today 

21    that ride the buses on a daily basis, this is 

22    personal for me as a parent as well.  So I 

23    understand the needs of our families across this 

24    state.  And I talked about not only the 

25    environmental justice, but the social justice, 


                                                               2222

 1    because families like mine -- particularly 

 2    families from disadvantaged communities in urban 

 3    communities across our state that have seen 

 4    health disparities take shape, particularly 

 5    communities of color, because of a lack of 

 6    attention to address these issues dealing with 

 7    pollutants from our diesel engine school buses -- 

 8    are having a major victory in our communities 

 9    there as well, Mr. President.  So I'm excited 

10    about the social justice component here as well.

11                 Speaking of social and environmental 

12    justice, another victory here is the brownfields 

13    agreement.  The brownfields agreement that ends 

14    at the end of this year without this agreement 

15    would have caused New York State to move 

16    backwards.  It would have caused development to 

17    cease in communities like mine out in Buffalo, 

18    and other urban communities across this great 

19    state, that have seen an industrial past leave 

20    wake to a polluted infrastructure in various 

21    aspects of our communities that developers won't 

22    touch unless we make it economically and 

23    financially feasible for them to do so.

24                 The brownfields agreement that was 

25    put in place between our Majority and the 


                                                               2223

 1    Governor and the Assembly is going to allow for 

 2    development to continue to move forward to 

 3    transform our community from brownfields to 

 4    greenfields.  You take a look at a district like 

 5    mine, Mr. President, there's more brownfields in 

 6    my district than any other district in the state.  

 7    This will have a direct impact on development in 

 8    Western New York and in every area of New York 

 9    State where we're taking back our industrial past 

10    and looking forward to a bright future.

11                 So with that -- there's so much more 

12    that I could talk about --

13                 THE PRESIDENT:   But you won't.

14                 SENATOR KENNEDY:   -- I'm going to 

15    yield my time, Mr. President.  

16                 Thank you, and I vote aye.

17                 THE PRESIDENT:   Senator Kennedy to 

18    be recorded in the affirmative.

19                 Senator Reichlin-Melnick to explain 

20    his vote.

21                 SENATOR REICHLIN-MELNICK:   Thank 

22    you very much, Mr. President.  

23                 I rise to support this bill for 

24    4.2 billion reasons, because this bill makes 

25    absolutely groundbreaking investments in our 


                                                               2224

 1    economy and in the critical fight against climate 

 2    change.

 3                 Last night we voted on some 

 4    important short-term help for people in New York 

 5    State -- tax relief that's going to benefit 

 6    middle-class and working families.  And today we 

 7    are making major long-term investments that will 

 8    benefit those same families and all New Yorkers 

 9    in the years and the decades to come.

10                 While there are so many challenges 

11    that New York faces right now, the largest 

12    challenge that we face and that our country and 

13    our world face over this century is the threat 

14    from human-caused climate change.  Temperatures 

15    are going up, sea levels are rising, plant and 

16    animal species are going extinct at an alarming 

17    rate.  Our weather is more extreme than it's ever 

18    been in the past.  And this has costs for our 

19    state and our communities.  

20                 This budget bill that we're passing 

21    today makes an investment in that future.  And I 

22    hope that voters will see that as well and vote, 

23    come November, to pass this environmental bond 

24    act that we are adopting in this bill, 

25    4.2 billion.  


                                                               2225

 1                 And that can go for so many 

 2    different projects:  $1.1 billion for flood 

 3    reduction; $650 million for open space and land 

 4    conservation, which complements the other part of 

 5    this bill, the wetlands protection that we've 

 6    just passed, which is going to make a huge 

 7    difference in reducing flooding in our 

 8    communities that see hundred-year floods every 

 9    couple of years these days.  These are the sorts 

10    of investments we should be making.  

11                 Hundreds of millions of dollars to 

12    adapt our school buses for a clean energy future; 

13    $650 million for water-quality improvements -- 

14    these are the sorts of things that voters sent us 

15    up here to do.  

16                 And I am really excited that we are 

17    taking action and, with the support of people at 

18    the polls this November, we'll be able over the 

19    coming years to start using this money to improve 

20    our state, to make a real difference in the fight 

21    against climate change, and to get New York 

22    towards a more sustainable future.

23                 I proudly vote aye.

24                 THE PRESIDENT:   Senator 

25    Reichlin-Melnick to be recorded in the 


                                                               2226

 1    affirmative.

 2                 Senator Stec to explain his vote.

 3                 SENATOR STEC:   Thank you, 

 4    Mr. President.  I rise to explain my vote.

 5                 And while unfortunately there's too 

 6    much bad policy in this bill for me to be able to 

 7    support it with a yes vote, there are three items 

 8    in this budget bill that I advocated for that I 

 9    want to highlight.  

10                 I want to thank my colleagues for 

11    including in this bill Lake Placid -- World 

12    University Games coming up in January of next 

13    year.  We made a change in this to allow 

14    out-of-state medical licensure issues to be 

15    cleared up so that these athletes can have -- 

16    from around the world can have their medical 

17    providers here.  It was a nice easy fix, but I'm 

18    glad it's included in the budget.  

19                 The other two I think are a little 

20    more significant and certainly important in my 

21    district.  The Hudson River Black River 

22    Regulating District.  When I was in local 

23    government, the FERC federal government -- there 

24    was a ruling that required the state, these 

25    counties, to be paying hundreds of thousands of 


                                                               2227

 1    dollars a year towards the regulation of this 

 2    district in taxes.  The state should have been 

 3    paying.  We've advocated for that for many, many 

 4    years, written letters to several colleagues in 

 5    here that have worked alongside us.  That is 

 6    going to improve five counties' situations.  

 7                 Warren County, Washington County, 

 8    Saratoga County, Albany County, and Rensselaer 

 9    County collectively were paying hundreds of 

10    thousands of dollars a year that they shouldn't 

11    have had to.  The state is going to pick that up 

12    in this bill.  I'm thankful for that.

13                 And then lastly, the elimination of 

14    the fiber tax.  I've talked on this floor several 

15    times the last couple of years, written letters, 

16    as have many of us.  But that is going to really 

17    make a big difference.  

18                 In the three years that this tax has 

19    been in place, it's collected about $8 million, 

20    which is a pittance compared to the $220 billion 

21    that we're about to spend here this week.  But 

22    that $8 million was holding up building out 

23    broadband in the rural parts of the state, and 

24    that was a big issue certainly in my district and 

25    a lot of upstate districts.  The elimination of 


                                                               2228

 1    that fiber tax is long overdue.  I'm glad that 

 2    it's in this budget.  

 3                 So again, there's some good things 

 4    in this bill, but unfortunately, as I mentioned 

 5    previously, I won't be able to support the bill 

 6    because of the other things that are in the bill.  

 7    But I want to thank my colleagues for the work 

 8    that was done on these three areas that are 

 9    important to the North Country.  

10                 Thank you.

11                 THE PRESIDENT:   Senator Stec to be 

12    recorded in the negative.

13                 Senator Gaughran to explain his 

14    vote.

15                 SENATOR GAUGHRAN:   Thank you, 

16    Mr. President.

17                 There is a lot of good in this 

18    bill -- broadband, making sure that we have labor 

19    standards for the men and women that are out on 

20    the frontlines in a whole variety of areas.  

21                 But I want to particularly just talk 

22    about the environmental bond act.  I want to 

23    thank Senator Kaminsky for his leadership on this 

24    issue.

25                 This is a big deal.  This is going 


                                                               2229

 1    to transform our state, and this is going to 

 2    transform, I believe, the area I represent, a 

 3    district on Long Island.  Because we move forward 

 4    with our Climate Act, and now we're making sure 

 5    that we're putting our money where our mouth is 

 6    to make this actually real:  $1.1 billion for 

 7    flood risk reduction.  Storm resiliency all over 

 8    a lot of my district across the Long Island 

 9    Sound.  Protecting open space on Long Island.  

10    There still are a lot more parcels that we need 

11    to preserve.  

12                 And of course climate change is not 

13    only great for our future, but it is also going 

14    to be a huge economic engine as we move forward 

15    to have some really great jobs.

16                 And of course $650 million for water 

17    quality improvements, not just to make sure that 

18    our drinking water is safe but also, again, 

19    across the Long Island Sound and the harbors that 

20    I represent, we could actually now give 

21    communities money for storm resiliency as well as 

22    to make sure that stormwater runoff is no longer 

23    getting into our waterways.  

24                 So Mr. President, I vote in the 

25    affirmative.


                                                               2230

 1                 THE PRESIDENT:   Senator Gaughran to 

 2    be recorded in the affirmative.

 3                 Announce the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 749, those Senators voting in the 

 6    negative are Senators Akshar, Borrello, Gallivan, 

 7    Griffo, Helming, Jordan, Lanza, Oberacker, 

 8    O'Mara, Ortt, Rath, Ritchie, Serino, Stec and 

 9    Tedisco.

10                 Ayes, 48.  Nays, 15.

11                 THE PRESIDENT:   The bill is passed.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Just to give 

14    members a sense of schedule at this point, we're 

15    going to break for respective party conferences 

16    and return.  These will be brief conferences.  

17    We'll be returning at 1 o'clock to continue our 

18    work with another couple of bills.  

19                 Please call on Senator Lanza.

20                 THE PRESIDENT:   Senator Lanza.

21                 SENATOR LANZA:   Mr. President, 

22    there is an immediate meeting of the Republican 

23    Conference in Room 315 of the Capitol.

24                 THE PRESIDENT:   There's an 

25    immediate meeting of the Republican Conference in 


                                                               2231

 1    Room 315 of the Capitol.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   And there will 

 4    be an immediate Democratic conference virtually.

 5                 THE PRESIDENT:   There will be an 

 6    immediate meeting of the Democratic Conference 

 7    virtually.  

 8                 SENATOR GIANARIS:   The Senate 

 9    stands at ease.

10                 THE PRESIDENT:   The Senate stands 

11    at ease.

12                 (Whereupon, the Senate stood at ease 

13    at 11:59 a.m.)

14                 (Whereupon, the Senate reconvened at 

15    1:26 p.m. 

16                 THE PRESIDENT:   The Senate will 

17    return to order.

18                 Senator Gianaris.

19                 SENATOR GIANARIS:   Mr. President, 

20    at this time we're going to call two committee 

21    meetings in Room 332.  First, the Finance 

22    Committee, followed immediately by a meeting of 

23    the Rules Committee.

24                 THE PRESIDENT:   There will be a 

25    meeting of the Finance Committee, and then 


                                                               2232

 1    followed by a meeting of the Rules Committee in 

 2    Room 332.

 3                 SENATOR GIANARIS:   The Senate 

 4    stands at ease.

 5                 THE PRESIDENT:   The Senate stands 

 6    at ease.

 7                 (Whereupon, the Senate stood at ease 

 8    at 1:27 p.m.)

 9                 (Whereupon, the Senate reconvened at 

10    1:46 p.m.)

11                 THE PRESIDENT:   The Senate will 

12    return to order.

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   Mr. President, I 

15    believe there's a report of the Finance Committee 

16    at the desk.  Can we take that up, please.

17                 THE PRESIDENT:   The Secretary will 

18    read.

19                 THE SECRETARY:   Senator Krueger, 

20    from the Committee on Finance, reports the 

21    following bill:

22                 Senate Print 8007C, Senate Budget 

23    Bill, enacts into law major components of 

24    legislation necessary to implement the state 

25    health and mental hygiene budget for the 


                                                               2233

 1    2022-2023 state fiscal year.

 2                 SENATOR GIANARIS:   Move to accept 

 3    the report of the Finance Committee.

 4                 THE PRESIDENT:   All those in favor 

 5    of accepting the report of the Finance Committee 

 6    signify by saying aye.

 7                 (Response of "Aye.")

 8                 THE PRESIDENT:   Opposed, nay.

 9                 (No response.)

10                 THE PRESIDENT:   The report is 

11    accepted.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Mr. President, I 

14    believe there's a report of the Rules Committee 

15    at the desk.  Can we take that up.

16                 THE PRESIDENT:   The Secretary will 

17    read.

18                 THE SECRETARY:   Senator 

19    Stewart-Cousins, from the Committee on Rules, 

20    reports the following bill:

21                 Senate Print 8748, by Senator 

22    Jackson, an act to amend the Civil Service Law, 

23    the State Finance Law, and the Retirement and 

24    Social Security Law.

25                 The bill is reported direct to third 


                                                               2234

 1    reading.

 2                 SENATOR GIANARIS:   Move to accept 

 3    the report of the Rules Committee.

 4                 THE PRESIDENT:   All those in favor 

 5    of accepting the report of the Rules Committee 

 6    signify by saying aye.

 7                 (Response of "Aye.")

 8                 THE PRESIDENT:   Opposed, nay.

 9                 (No response.)

10                 THE PRESIDENT:   The report is 

11    accepted.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Let's now move 

14    on to Supplemental Calendar B, please.

15                 THE PRESIDENT:   The Secretary will 

16    read.

17                 THE SECRETARY:   Calendar Number 

18    750, Senate Print 8007C, Senate Budget Bill, an 

19    act to amend the Public Health Law.

20                 SENATOR GIANARIS:   Is there a 

21    message of necessity at the desk?

22                 THE PRESIDENT:   There is a message 

23    of necessity at the desk.

24                 SENATOR GIANARIS:   Move to accept 

25    the message of necessity.


                                                               2235

 1                 THE PRESIDENT:   All those in favor 

 2    of accepting the message of necessity please 

 3    signify by saying aye.

 4                 (Response of "Aye.")

 5                 THE PRESIDENT:   Opposed, nay.

 6                 (Response of "Nay.")

 7                 THE PRESIDENT:   The message is 

 8    accepted, and the bill is before the house.

 9                 SENATOR GIANARIS:   Mr. President, 

10    can we lay that aside temporarily.  We're going 

11    to take up the second bill first.

12                 THE PRESIDENT:   Lay the bill aside 

13    temporarily.

14                 THE SECRETARY:   Calendar Number 

15    751, Senate Print 8748, by Senator Jackson, an 

16    act to amend the Civil Service Law, the State 

17    Finance Law, and the Retirement and Social 

18    Security Law.

19                 SENATOR GIANARIS:   Is there a 

20    message of necessity at the desk?  

21                 THE PRESIDENT:   There is a message 

22    of necessity at the desk.

23                 SENATOR GIANARIS:   Move to accept 

24    the message of necessity.  

25                 THE PRESIDENT:   All those in favor 


                                                               2236

 1    of accepting the message please signify by saying 

 2    aye.

 3                 (Response of "Aye.")

 4                 THE PRESIDENT:   Opposed, nay.

 5                 (Response of "Nay.")

 6                 THE PRESIDENT:   The message is 

 7    accepted, and the bill is before the house.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    751, Senate Print 8748, by Senator Jackson, an 

11    act to amend the Civil Service Law, the State 

12    Finance Law, and the Retirement and Social 

13    Security Law.

14                 THE PRESIDENT:   Read the last 

15    section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.

18                 THE PRESIDENT:   Call the roll.

19                 (The Secretary called the roll.)

20                 THE PRESIDENT:   Senator Jackson to 

21    explain his vote.

22                 SENATOR JACKSON:   Thank you, 

23    Mr. President.

24                 My colleagues, I rise to support 

25    this bill.  I'm a proud sponsor of this 


                                                               2237

 1    legislation, S8748, with my counterpart in the 

 2    New York State Assembly, Assemblymember Abbate.

 3                 The state workforce has been poorly 

 4    compensated while dedicating themselves to 

 5    serving New York communities.  This bill is 

 6    necessary to implement the term of collective 

 7    bargaining agreements between the executive 

 8    branch of the State of New York, the Police 

 9    Benevolent Association of New York State, which 

10    represents SUNY University Police, EnCon Police, 

11    Park Police, and Forest Rangers, and also the 

12    State of New York and District Council 37, which 

13    represents the New York State rent-regulated 

14    services unit.

15                 This legislation highlights the 

16    power of unions in negotiating successful pay 

17    benefits for their members.  As a labor person 

18    myself, and as chair of the New York State Senate 

19    Civil Service and Pension Committee, it was 

20    important to me to sponsor this bill.  Today 

21    New York shows its commitment to the public 

22    servants across our state, and I'm happy to bring 

23    this forward in support of state union workers.

24                 To quote the State PBA president, 

25    Manny Vilar, "This legislation will greatly 


                                                               2238

 1    assist our efforts to recruit and hire the 

 2    brightest and best diverse officers to ensure our 

 3    members are reflective of the wonderful mosaic 

 4    that New York is."

 5                 Mr. President, I vote aye.

 6                 THE PRESIDENT:   Senator Jackson to 

 7    be recorded in the affirmative.

 8                 Senator May to explain her vote.

 9                 SENATOR MAY:   Thank you, 

10    Mr. President.

11                 I also proudly vote aye and 

12    support -- am grateful to my colleague Senator 

13    Jackson for bringing this bill.

14                 SUNY Police work really hard, and 

15    sometimes in very difficult conditions, and I'm 

16    pleased to support them.  But in particular, I 

17    want to support the Park Rangers, whose jobs have 

18    gotten infinitely harder in the last few years as 

19    the numbers of people using our parks have 

20    increased exponentially.

21                 I was paddling on a lake in the 

22    Adirondacks and started talking to a ranger who 

23    was trying to put out an underlying fire that had 

24    been set as a result of somebody making a 

25    campfire and not putting it out properly.  And 


                                                               2239

 1    she said she was amazed that she had time to even 

 2    do this work because normally she was being 

 3    called to rescue people who had gotten themselves 

 4    into trouble as they were hiking in the 

 5    Adirondacks.  She said that her job had just 

 6    become almost a nightmare because the pressures 

 7    were just enormous.

 8                 And so we must pay them what they 

 9    deserve and support them in their contract.  So I 

10    am very happy that we've done this in this 

11    budget, and I vote aye.

12                 THE PRESIDENT:   Senator May to be 

13    recorded in the affirmative.

14                 Senator Hinchey to explain her vote.

15                 SENATOR HINCHEY:   Thank you, 

16    Mr. President.

17                 And I thank the sponsor for bringing 

18    this bill forward.  Our Park Police, our Forest 

19    Rangers, our SUNY Police do such a service in our 

20    communities.  

21                 But I have the immense privilege of 

22    representing much of the Catskills, one of the 

23    most beautiful places on earth -- also, one of 

24    the places that has seen the most increase in 

25    visitors over the last two years.  Which is 


                                                               2240

 1    wonderful; we love people in our community, we 

 2    love sharing our incredible open spaces.  

 3                 However, oftentimes a lot of people 

 4    may not know how to access our open spaces and 

 5    our trails.  They often come for a hike with 

 6    flip-flops or try to go to a watering hole that 

 7    is actually traversing down a mountain.  If you 

 8    are watching from our district, you know exactly 

 9    where I'm talking about.  

10                 And it's our Forest Rangers who are 

11    saving lives, who are rescuing people, who are 

12    making sure that people can access the outdoors 

13    safely.  But they have really been undervalued, 

14    and this pay bill is critically important to not 

15    just show that we care about them, we respect 

16    them, we value the work that they are doing, but 

17    that way they can also recruit to fill their 

18    ranks.  Because a lot of people are seeking 

19    employment elsewhere, as opposed to going to the 

20    jobs that are protecting our environment, which 

21    dovetails with a lot of the really important work 

22    that we are doing in this chamber.

23                 So I thank the sponsor for bringing 

24    this forward.  This is an incredibly important 

25    bill.  And I'm really proud to vote aye.


                                                               2241

 1                 THE PRESIDENT:   Senator Hinchey to 

 2    be recorded in the affirmative.

 3                 Announce the results.

 4                 THE SECRETARY:   Ayes, 63.

 5                 THE PRESIDENT:   The bill is passed.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Okay, 

 8    Mr. President, can we go back to Supplemental 

 9    Calendar A and take up Calendar 750, please -- 

10    I'm sorry, 748.  I apologize.  

11                 THE PRESIDENT:   Calendar Number 

12    748, Senate Print 8001A, Senate Budget Bill, an 

13    act making appropriations for the support of 

14    government.

15                 SENATOR GIANARIS:   Is there a 

16    message of necessity at the desk?  

17                 THE PRESIDENT:   There is a message 

18    of necessity at the desk.

19                 SENATOR GIANARIS:   Move to accept 

20    the message of necessity.

21                 THE PRESIDENT:   All those in favor 

22    of accepting the message please signify by saying 

23    aye.

24                 (Response of "Aye.")

25                 THE PRESIDENT:   Opposed, nay.  


                                                               2242

 1                 (Response of "Nay.")

 2                 THE PRESIDENT:   The message is 

 3    accepted, and the bill is before the house.

 4                 SENATOR LANZA:   Lay it aside.

 5                 THE PRESIDENT:   Lay it aside.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Let's move to 

 8    the controversial calendar, please.

 9                 THE PRESIDENT:   The Secretary will 

10    ring the bell.

11                 The Secretary will read.

12                 THE SECRETARY:   Calendar Number 

13    748, Senate Print 8001A, Senate Budget Bill, an 

14    act making appropriations for the support of 

15    government.

16                 THE PRESIDENT:   Senator O'Mara.

17                 SENATOR O'MARA:   Yes, 

18    Mr. President, thank you.  If Senator Krueger 

19    would yield for just a couple of questions on 

20    this.

21                 THE PRESIDENT:   Will the sponsor 

22    yield?

23                 SENATOR KRUEGER:   Yes, I will.

24                 THE PRESIDENT:   The sponsor yields.

25                 SENATOR O'MARA:   Senator Krueger, 


                                                               2243

 1    there's a couple of line items in here dealing 

 2    with redistricting -- one an amount for LATFOR, I 

 3    believe, and another, a $2 million line, for the 

 4    Independent Redistricting Commission that frankly 

 5    failed to do its work that it was supposed to do 

 6    under the Constitution of New York State.  

 7                 What is the $2 million appropriation 

 8    for the Independent Redistricting Commission for?

 9                 SENATOR KRUEGER:   So my 

10    understanding is that money is for any kind of 

11    litigation that may have to be dealt with and 

12    paid for involving redistricting.  And there 

13    obviously is litigation going on right now.

14                 And that there is also the 

15    allowability of continued payment for independent 

16    commissioners, but with the determination being 

17    made not as a given at this time that they would 

18    be paid, because they might not be asked to do 

19    any work, because they might have completed or 

20    failed to do their work already.  But they might 

21    be assigned to do additional work.  So some of it 

22    might be available for salary and administrative 

23    expenses for staff related to such functions.

24                 SENATOR O'MARA:   Okay.  Thank you 

25    for that.


                                                               2244

 1                 Mr. President, if the Senator will 

 2    continue to yield.

 3                 THE PRESIDENT:   Does the sponsor 

 4    yield?

 5                 SENATOR KRUEGER:   Yes.

 6                 THE PRESIDENT:   The sponsor yields.

 7                 SENATOR O'MARA:   At this point, 

 8    yes, there is litigation pending regarding the 

 9    redistricting plan.  However, the Independent 

10    Redistricting Commission has not been named in 

11    that lawsuit.  So are -- is the portion of this 

12    that could go to legal fees going to be used to 

13    represent the Senate and/or the Assembly in 

14    that -- in the pending case right now where they 

15    are parties to it?  

16                 SENATOR KRUEGER:   No.  I believe 

17    that would have to be other funds.  It is quite 

18    possible that this money would not be needed, in 

19    which case it wouldn't be spent.

20                 SENATOR O'MARA:   Thank you.  That's 

21    all I have.

22                 THE PRESIDENT:   Senator Lanza.

23                 SENATOR LANZA:   Thank you, 

24    Mr. President.  Would the sponsor yield for some 

25    questions.


                                                               2245

 1                 THE PRESIDENT:   Does the sponsor 

 2    yield?

 3                 SENATOR KRUEGER:   Sure.

 4                 THE PRESIDENT:   The sponsor yields.

 5                 SENATOR LANZA:   Thank you, 

 6    Mr. President.  Through you.

 7                 During COVID an eviction moratorium 

 8    came into effect in the State of New York, and 

 9    many people -- through either need or 

10    otherwise -- relied upon that eviction 

11    moratorium.  And rents have been unpaid and 

12    backing up and backing up.

13                 And we're coming out of that now, 

14    and as we know, unfortunately, there are many and 

15    will be many more eviction procedures.  

16                 Does this budget include any 

17    additional funding for housing courts so that 

18    they will be in a position to deal with those?

19                 SENATOR KRUEGER:   Through you, 

20    Mr. President, no, there is no additional money 

21    for housing court in this bill.  There are other 

22    funds to support avoiding evictions by having 

23    supplemental rent payments available in a 

24    different bill.

25                 It is true that now that the 


                                                               2246

 1    official emergency period is over, we are seeing 

 2    a growth in the number of eviction cases being 

 3    brought.  Although depending on who you talk to, 

 4    they are not as many as we anticipated or they 

 5    are shockingly large numbers.

 6                 But the courts did not ask us for 

 7    additional funds for housing court.

 8                 SENATOR LANZA:   Mr. President, 

 9    would the sponsor yield.

10                 THE PRESIDENT:   Does the sponsor 

11    yield?

12                 SENATOR KRUEGER:   Yes, I will.

13                 THE PRESIDENT:   The sponsor yields.  

14                 SENATOR LANZA:   Through you, 

15    Mr. President.

16                 Does this budget provide any 

17    additional funding for technology upgrades for 

18    New York City housing courts in order to enable 

19    tenants to participate in remote proceedings at 

20    the courthouse?

21                 SENATOR KRUEGER:   There is funding 

22    for technical upgrades by the courts.  New York 

23    City's housing courts would be eligible to apply 

24    for some of that funding.  

25                 But I don't know if there's any 


                                                               2247

 1    specific proposals before the court 

 2    administration at this time.

 3                 SENATOR LANZA:   Mr. President, 

 4    would the sponsor yield?  

 5                 THE PRESIDENT:   Does the sponsor 

 6    yield?

 7                 SENATOR KRUEGER:   Yes.

 8                 THE PRESIDENT:   The sponsor yields.

 9                 SENATOR LANZA:   Through you, 

10    Mr. President.  Could you tell us the amount of 

11    that funding and whether or not that is 

12    additional funding over last year?

13                 SENATOR KRUEGER:   I'm being told it 

14    is the same amount as last year.  And they're 

15    checking what that amount is for us.

16                 I do also, though, in response to 

17    the earlier question about the growing number of 

18    evictions, want to point out that there is 

19    additional funding in this budget to cover legal 

20    services representation for tenants in housing 

21    court.  And the City of New York also has 

22    expanded -- specific to New York City, 

23    obviously -- its funding for legal representation 

24    of people at housing court.

25                 SENATOR LANZA:   Mr. President, 


                                                               2248

 1    would the sponsor yield.

 2                 THE PRESIDENT:   Does the sponsor 

 3    yield?

 4                 SENATOR KRUEGER:   Yes.

 5                 THE PRESIDENT:   The sponsor yields.

 6                 SENATOR LANZA:   So whatever the 

 7    amount is, it is not an increase over last year.

 8                 Could you tell us whether or not 

 9    there is additional funding to enable community 

10    justice centers to hear housing court cases in 

11    order that court overcrowding might be 

12    alleviated?

13                 SENATOR KRUEGER:   Through you, 

14    Mr. President, the Office of Court Administration 

15    did not ask us for additional funds for any new 

16    technical improvements to the courts beyond what 

17    they were already working on.  

18                 And we don't believe they've asked 

19    us for additional authority to expand housing 

20    court sites to other courts.

21                 SENATOR LANZA:   Mr. President, 

22    would the sponsor yield.

23                 THE PRESIDENT:   Does the sponsor 

24    yield?

25                 SENATOR KRUEGER:   Yes.


                                                               2249

 1                 THE PRESIDENT:   The sponsor yields.

 2                 SENATOR LANZA:   Through you, 

 3    Mr. President.  It has been widely reported and 

 4    we all know that our court system in this state 

 5    are just -- you know, is being stretched to the 

 6    breaking point.  And I think everyone can agree 

 7    that there are insufficient numbers of 

 8    Supreme Court justices in New York.  

 9                 Does this budget do anything to 

10    address that problem, either by adding new 

11    Supreme Court justices or by proposing an 

12    amendment to the State Constitution that would 

13    allow more Supreme Court justices than the 

14    Constitution presently allows?

15                 SENATOR KRUEGER:   Through you, 

16    Mr. President.  So last year we did take action 

17    to expand the number of Supreme Court justices by 

18    14, and this year's budget provides the funding 

19    to make sure that the 14 are in place and paid 

20    for.

21                 So yes, there's a growth of 14 

22    Supreme Court judges.

23                 SENATOR LANZA:   Mr. President, 

24    would the sponsor yield.

25                 THE PRESIDENT:   Does the sponsor 


                                                               2250

 1    yield?

 2                 SENATOR KRUEGER:   Yes.

 3                 THE PRESIDENT:   The sponsor yields.

 4                 SENATOR LANZA:   Through you, 

 5    Mr. President.  So to be clear, we're not going 

 6    beyond the original 14 that were approved last 

 7    year.

 8                 SENATOR KRUEGER:   Yes.  We 

 9    processed the authorization last year, and this 

10    year they will be in place.

11                 We would need additional legislation 

12    to further increase the number of Supreme Court 

13    judges -- which my colleague might wish to 

14    sponsor.

15                 SENATOR LANZA:   Mr. President, 

16    would the sponsor yield.

17                 THE PRESIDENT:   Does the sponsor 

18    yield?

19                 SENATOR KRUEGER:   Yes.

20                 THE PRESIDENT:   The sponsor yields.

21                 SENATOR LANZA:   Through you, 

22    Mr. President, I do sponsor such legislation.  

23    And the point I'm trying to make clear is that 

24    that legislation does not exist in this piece of 

25    the legislation.  Is that true?


                                                               2251

 1                 SENATOR KRUEGER:   Correct, it is 

 2    not in this budget.

 3                 SENATOR LANZA:   Thank you, 

 4    Mr. President.  And thank you, Senator Krueger.

 5                 THE PRESIDENT:   Are there any other 

 6    Senators wishing to be heard?

 7                 Seeing and hearing none, debate is 

 8    closed.  The Secretary will ring the bell.

 9                 Read the last section.

10                 THE SECRETARY:   Section 5.  This 

11    act shall take effect immediately.

12                 THE PRESIDENT:   Call the roll.

13                 (The Secretary called the roll.)

14                 THE PRESIDENT:   Announce the 

15    results.

16                 THE SECRETARY:   In relation to -- 

17                 THE PRESIDENT:   Senator Hoylman to 

18    explain his vote.

19                 SENATOR HOYLMAN:   Thank you, 

20    Mr. President.  Thank you to my colleague 

21    Senator Krueger for leading this.

22                 I just wanted to let my colleagues 

23    know that there was a recent report by the 

24    New York City Bar Association and the Fund for 

25    Modern Courts exposing the disproportionate 


                                                               2252

 1    negative impact of the COVID-19 pandemic on the 

 2    Family Court in New York City.  Among the 

 3    critiques of the report, the author stated that, 

 4    quote, The caseload is far too large to be 

 5    handled by the 56 statutorily authorized Family 

 6    Court judges alone.  There are currently 56 

 7    statutorily authorized Family Court judgeships in 

 8    the city, which was last increased in 2014 and 

 9    remains, quote, inadequate to the meet the 

10    demand, according to the report.

11                 So I want to let my colleagues know 

12    that today I've introduced legislation to 

13    increase the number of statutorily authorized 

14    judges to 60 to help address this crushing 

15    caseload in Family Court, increasing the number 

16    of Family Court judges in New York City from 56 

17    to 60.

18                 I vote aye.  Thank you.

19                 THE PRESIDENT:   Senator Hoylman to 

20    be recorded in the affirmative.

21                 Announce the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 748, those Senators voting in the 

24    negative are Senators Akshar, Borrello, Gallivan, 

25    Griffo, Helming, Jordan, Martucci, Oberacker, 


                                                               2253

 1    O'Mara, Ortt, Rath, Ritchie, Serino, Stec, 

 2    Tedisco and Weik.

 3                 Ayes, 47.  Nays, 16.

 4                 THE PRESIDENT:   The bill is passed.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Mr. President, 

 7    before we move on, can we take a moment to pause 

 8    and recognize a distinguished leader in our 

 9    midst.  We have with us the Bronx Borough 

10    President, Vanessa Gibson, if we could please 

11    extend the courtesies of the house to her.

12                 (Standing ovation.)

13                 UNIDENTIFIED MALE SENATOR:   Wow.   

14                 (Laughter.)

15                 THE PRESIDENT:   Senator Gianaris.

16                 SENATOR GIANARIS:   Thank you, 

17    Mr. President.  

18                 Can we now go back and remove the 

19    temporary lay-aside on Calendar 750, please.

20                 THE PRESIDENT:   The Secretary will 

21    read.

22                 THE SECRETARY:   Calendar Number 

23    750, Senate Print 8007C, Senate Budget Bill, an 

24    act to amend the Public Health Law.

25                 SENATOR LANZA:   Lay it aside.


                                                               2254

 1                 THE PRESIDENT:   Lay it aside.

 2                 SENATOR GIANARIS:   Can we move to 

 3    the controversial calendar, please.  

 4                 THE PRESIDENT:   The Secretary will 

 5    ring the bell.

 6                 The Secretary will read.

 7                 THE SECRETARY:   Calendar Number 

 8    750, Senate Print 8007C, Senate Budget Bill, an 

 9    act to amend the Public Health Law.

10                 THE PRESIDENT:   Senator O'Mara.

11                 SENATOR O'MARA:   Thank you, 

12    Mr. President.  

13                 I have a few questions on the bill.  

14    I'm not sure if it's going to be Senator Rivera 

15    or Senator Krueger.  If they would yield for some 

16    questions.

17                 THE PRESIDENT:   Does the sponsor 

18    yield?  

19                 SENATOR RIVERA:   I will yield, 

20    Mr. President.

21                 THE PRESIDENT:   The sponsor yields.

22                 SENATOR O'MARA:   Thank you, 

23    Senator Rivera.

24                 Certainly I think as we stand here, 

25    hopefully emerging from a global pandemic that 


                                                               2255

 1    has virtually shut down all aspects of our life 

 2    for a couple of years -- and the main heroes for 

 3    all of this have been our healthcare workforce, 

 4    that did an unbelievable service to all 

 5    New Yorkers and frankly across the nation and 

 6    around the globe for that.

 7                 I'm concerned here that the proposal 

 8    in Part D which established -- would have 

 9    established the healthcare workforce bonuses, is 

10    being denied -- the Governor's proposal is being 

11    denied in this bill.  Do we -- why is that not 

12    being included in this bill?

13                 SENATOR RIVERA:   Through you, 

14    Mr. President, it is -- as you are well aware, 

15    Senator O'Mara, having been here for a couple of 

16    years, sometimes the mix-and-match means that 

17    things that might -- are supposed to be in 

18    certain bills are in other bills.  That Part D, 

19    which refers to workers' bonuses, is not on this 

20    bill.  It will be on another bill that we will be 

21    debating later today.

22                 SENATOR O'MARA:   Through you, 

23    Mr. President, if the sponsor will continue to 

24    yield.

25                 THE PRESIDENT:   Does the sponsor 


                                                               2256

 1    yield?

 2                 SENATOR RIVERA:   Yes, 

 3    Mr. President.

 4                 THE PRESIDENT:   The sponsor yields.

 5                 SENATOR O'MARA:   What are the 

 6    specific reasons for it not being included in the 

 7    health bill, since it deals with healthcare 

 8    workers?  

 9                 SENATOR RIVERA:   Through you, 

10    Mr. President, are you familiar with the Beach 

11    Boys?  They have a great song called "God Only 

12    Knows". 

13                 (Laughter.)

14                 SENATOR RIVERA:   I would suggest -- 

15    suggest you listen to it.  It's a great song.  

16    It's a great song, Mr. President.

17                 SENATOR O'MARA:   Through you, 

18    Mr. President, if the sponsor would continue to 

19    yield.

20                 THE PRESIDENT:   Does the sponsor 

21    continue to yield? 

22                 SENATOR RIVERA:   Indeed.

23                 THE PRESIDENT:   The sponsor yields.  

24                 SENATOR O'MARA:   I appreciate that.  

25    And that song title goes for a great many things 


                                                               2257

 1    around here.

 2                 So another area, Part B of the 

 3    budget that has been rejected from the Governor's 

 4    budget regarding the Interstate Medical Licensure 

 5    Compact that would authorize, I think, an 

 6    easier -- an easier transition in time, such as 

 7    we had in the pandemic when there's hotspots 

 8    around the country, enabling healthcare workers 

 9    to go from point to point.  

10                 I think most states in the country 

11    are engaged in this Interstate Medical Licensure 

12    Compact.  New York is not.  And we certainly need 

13    it at times, healthcare workers from across the 

14    country to come to New York to assist us when we 

15    were suffering more than others at the time.  And 

16    I think we sent healthcare workers to other 

17    states from here.

18                 So why are we not proceeding to make 

19    that access easier for professionals licensed in 

20    other states to do work here?

21                 SENATOR RIVERA:   Through you, 

22    Mr. President.  It was one of many issues that we 

23    could not reach three-way agreement on, and so it 

24    was ultimately intentionally omitted from the 

25    enacted budget.


                                                               2258

 1                 SENATOR O'MARA:   Through you, 

 2    Mr. President, if the sponsor would continue to 

 3    yield.

 4                 THE PRESIDENT:   Does the sponsor 

 5    continue to yield?  

 6                 SENATOR RIVERA:   Yes, I will.

 7                 THE PRESIDENT:   The sponsor yields.  

 8                 SENATOR O'MARA:   Part A, which 

 9    establishes Nurses Across New York -- I guess 

10    NANY is what we're calling it, with only two Ns 

11    rather than three, and no references to the nanny 

12    state that we live in.  

13                 But providing for loan repayments 

14    for registered nurses, registered professional 

15    nurses and I guess this -- the final agreement 

16    added to include licensed practical nurses for 

17    loan repayments for their education to be in the 

18    field.

19                 Now, these are healthcare workers, 

20    individuals that have already made the decision 

21    to go into healthcare, to go into that field, 

22    whether they're graduated or just recently.

23                 Is this just for students that have 

24    graduated that are currently working?  Is this 

25    for students that are in school now?  And is it 


                                                               2259

 1    prospective for encouraging individuals to go 

 2    into the nursing field, at least, in the future?  

 3                 SENATOR RIVERA:   Through you, 

 4    Mr. President.  This is a -- by the way, that -- 

 5    the bit about the nanny state, I knew you were 

 6    going to do that.  I just -- I knew you were 

 7    going to do that.  

 8                 But in all seriousness, 

 9    Mr. President, this one is a plan that -- I'm 

10    sorry, a proposal that is very similar to one 

11    that we have on Doctors Across New York.  And it 

12    would be a fund available to folks who are either 

13    currently nurses, folks who will be nurses in the 

14    future, who will be LPNs in the future or are 

15    LPNs currently, who are -- who can apply to the 

16    fund to have the -- to receive scholarships.

17                 SENATOR O'MARA:   Through you, 

18    Mr. President, if the sponsor will continue to 

19    yield.

20                 THE PRESIDENT:   Does the sponsor 

21    yield?  Sponsor, do you yield? 

22                 SENATOR RIVERA:   Yes, I will.

23                 THE PRESIDENT:   The sponsor yields.

24                 SENATOR O'MARA:   The -- I wasn't 

25    closer on that response, whether this will apply 


                                                               2260

 1    to an individual who is not in nursing school 

 2    right now, if they go into the school, is this 

 3    going to be prospective in providing relief to 

 4    them on their loan repayments for the service 

 5    they provide?  

 6                 SENATOR RIVERA:   Through you, 

 7    Mr. President.  This one -- and thank you for 

 8    seeking that clarification, Senator O'Mara.  It 

 9    refers both to individuals who are seeking an 

10    education as an LPN or a nurse, et cetera, and 

11    are serving in -- and are going to be ultimately 

12    doing their service in underserved areas.  So it 

13    both refers to folks that are going to school as 

14    well as folks who are seeking loan repayments, 

15    having already gone to school.  So both of those 

16    things will be from the same fund.

17                 SENATOR O'MARA:   Through you, 

18    Mr. President, if the sponsor will continue to 

19    yield.

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR RIVERA:   Yes.

23                 THE PRESIDENT:   The sponsor yields.  

24                 SENATOR O'MARA:   I guess I'm still 

25    not clear on somebody that's not in school now 


                                                               2261

 1    and they decide to go to school next year, will 

 2    they be eligible for this type of loan repayment?  

 3                 SENATOR RIVERA:   Through you, 

 4    Mr. President, yes.

 5                 SENATOR O'MARA:   Through you, 

 6    Mr. President, if the sponsor will continue to 

 7    yield.

 8                 THE PRESIDENT:   Does the sponsor 

 9    yield?

10                 SENATOR RIVERA:   Yes, I will.

11                 THE PRESIDENT:   The sponsor yields.

12                 SENATOR O'MARA:   Is there a dollar 

13    amount -- I realize this is not an appropriation 

14    bill, but is there a limit on the fund that will 

15    be available for the forgiveness of these loans?

16                 SENATOR RIVERA:   Through you, 

17    Mr. President, there is currently $2.5 million 

18    that's allocated for this program for this budget 

19    year.

20                 SENATOR O'MARA:   Through you, 

21    Mr. President, if the sponsor will continue to 

22    yield.  

23                 THE PRESIDENT:   Does the sponsor 

24    yield?

25                 SENATOR RIVERA:   Yes.


                                                               2262

 1                 THE PRESIDENT:   The sponsor yields.  

 2                 SENATOR O'MARA:   And what's the 

 3    ramification if that fund is exhausted?  

 4                 SENATOR RIVERA:   Through you, 

 5    Mr. President.  First of all, that will be a good 

 6    thing, because that will mean that both folks 

 7    will be seeking scholarships and will be -- and 

 8    will have some help in paying back their loans.  

 9    And it just means that if it is successful -- 

10    hopefully it is -- next year we come back and we 

11    get at least that much, maybe a little bit more.

12                 SENATOR O'MARA:   Thank you, 

13    Mr. President.  If the sponsor will continue to 

14    yield.

15                 THE PRESIDENT:   Does the sponsor 

16    yield?

17                 SENATOR RIVERA:   Yes, 

18    Mr. President.

19                 THE PRESIDENT:   The sponsor yields.

20                 SENATOR O'MARA:   This is helpful 

21    for those going into these nursing categories.  

22                 What if any other items are in this 

23    health budget that is going to help with our 

24    workforce shortages in the healthcare field?  

25                 SENATOR RIVERA:   Through you, 


                                                               2263

 1    Mr. President, there is -- as was mentioned 

 2    earlier, there's a couple of items that are not 

 3    in this bill that we will be discussing later.  

 4    And certainly the workforce bonus -- the workers' 

 5    bonus is one of the ones that we could certainly 

 6    say it will be helpful in that regard.

 7                 And also in Part C that allows -- 

 8    that refers to scope of practice, particularly 

 9    for allowing pharmacists to operate 

10    limited-service laboratory services for COVID and 

11    influenza tests, that will expand a little bit.

12                 Also as far as the elimination of 

13    the need for nurse practitioners to file practice 

14    protocols with SED, that is something else that 

15    is in that part.  As well as allowing nurse 

16    practitioners to operate without collaborative 

17    agreements after obtaining 3600 hours of service.

18                 So all those things are -- all those 

19    things are in there.

20                 And also -- through you, 

21    Mr. President, there's also some changes we made 

22    to telehealth services in the State of New York.  

23    As folks are aware, during the pandemic there was 

24    a rise in the use of telehealth, obviously having 

25    access to your doctor or other medical 


                                                               2264

 1    practitioner virtually, and we felt that it 

 2    needed to be expanded.  So there are some changes 

 3    that are included in here to make sure that we 

 4    can secure access for more folks across the 

 5    state.

 6                 SENATOR O'MARA:   Through you, 

 7    Mr. President, if the sponsor will continue to 

 8    yield.

 9                 THE PRESIDENT:   Does the sponsor 

10    yield? 

11                 SENATOR RIVERA:   Yes, I will, 

12    Mr. President.

13                 THE PRESIDENT:   The sponsor yields.

14                 SENATOR O'MARA:   A couple of those 

15    things you mentioned are expansions of current 

16    programs for currently active people in the 

17    healthcare industry.  But I don't see how they 

18    help us recruit more people into the healthcare 

19    field that are needed.

20                 SENATOR RIVERA:   Through you, 

21    Mr. President.  Certainly this is not a challenge 

22    that is unknown.  It is going to be a continuing 

23    challenge to make sure that we can hire the folks 

24    that we need.

25                 I would say that there's also a 


                                                               2265

 1    change that we will discuss later as well that 

 2    relates to the rise, in particular, for salaries 

 3    for a particular class of worker in home care 

 4    services.

 5                 I would say that this is kind of 

 6    a -- it's an ongoing challenge.  There might be 

 7    not be enough in this budget, really, to be able 

 8    to address it.  But we do believe that the -- 

 9    what I mentioned earlier, whether it's a scope of 

10    practice issue, the bonus that we will discuss 

11    later, as well as all of these things -- and as 

12    well as the Nurses Across New York program that 

13    we just discussed earlier.  All those things are 

14    kind of pieces in the larger challenge of being 

15    able to recruit and keep enough people in the 

16    healthcare industry to make sure that we can 

17    serve New Yorkers.

18                 SENATOR O'MARA:   Thank you, 

19    Senator.  

20                 On the bill briefly, Mr. President.

21                 THE PRESIDENT:   Senator O'Mara on 

22    the bill.

23                 SENATOR O'MARA:   I certainly agree 

24    with you, Senator, that we should be doing a lot 

25    more for recruiting individuals into our 


                                                               2266

 1    healthcare system to provide these services that 

 2    are really stretched.  And certainly following a 

 3    pandemic, there's a lot of workforce burnout and 

 4    concern over losing workforce because of that 

 5    going forward.

 6                 I don't see enough being done in 

 7    this budget -- certainly not in this bill -- to 

 8    help retain the workers that are there or to 

 9    encourage more individuals to come into the 

10    healthcare field.  I know we have another member 

11    here that's going to talk a little bit about 

12    the -- what I would call an anemic increase to 

13    the cost-of-living adjustment for human service 

14    programs.  Those are the direct service providers 

15    and those -- many of those who are on the 

16    lowest-paid rungs of providing healthcare 

17    services to the citizens of New York, such as our 

18    I/DD community, those direct service providers.

19                 This really anemic 5.4 percent 

20    increase is only slightly more than the 4 percent 

21    that we just gave ourselves in the legislative 

22    budget.  These are workers that continue to earn 

23    wages below the minimum wage -- not below the 

24    minimum wage, below the fast food worker wage, 

25    particularly across upstate New York where those 


                                                               2267

 1    lowest levels will, with this bump, only be up to 

 2    about $13.90 an hour, over a dollar less than 

 3    working at McDonald's -- which is I think a huge 

 4    insult to them, for starters, but a big deterrent 

 5    for individuals going into these more important 

 6    fields than flipping burgers at McDonald's.  

 7                 That we should be providing a 

 8    greater increase to those individuals to be able 

 9    to encourage that work, reward that work where 

10    that field in the industry are losing workers to 

11    fast food establishments because of a higher 

12    wage, which is just the wrong message to be 

13    trying to get individuals to do this very 

14    important work.

15                 Thank you, Mr. President.

16                 THE PRESIDENT:   Senator Borrello.

17                 SENATOR BORRELLO:   Thank you, 

18    Mr. President.  Would the sponsor yield for some 

19    questions on Part M.

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR RIVERA:   Yes, 

23    Mr. President, I will yield. 

24                 THE PRESIDENT:   The sponsor yields.

25                 SENATOR BORRELLO:   Thank you, 


                                                               2268

 1    Mr. President, through you.  

 2                 Thank you, Senator Rivera.  I think 

 3    there's one thing you and I both have in common, 

 4    and that's no love lost of our former governor.  

 5    And thanks to his poor and often deadly 

 6    decisions, he came close to decimating the 

 7    nursing home industry in New York State.  And 

 8    certainly we know he unfortunately killed a lot 

 9    of those residents with his poor decisions.  

10                 And then after that, he chose to 

11    punish the nursing home industry because of the, 

12    you know, of their willingness to stand up and 

13    say:  What you did was wrong, and it hurt people.

14                 So with that being said, there's a 

15    lot of ground that has been lost for those that 

16    care for our most vulnerable citizens.

17                 And this Part M, I'm just -- my 

18    first question is, you know, besides these 

19    technical amendments, is there any further delay 

20    in the implementation of penalties for violations 

21    of the minimum staffing law and/or the 740 {sic} 

22    revenue law in this budget?

23                 SENATOR RIVERA:   Through you, 

24    Mr. President, could you repeat the final part of 

25    that question?  The way that you're talking about 


                                                               2269

 1    Part M --

 2                 SENATOR BORRELLO:   Sure.  You got 

 3    technical amendments here.

 4                 SENATOR RIVERA:   Yes.

 5                 SENATOR BORRELLO:   Besides that, do 

 6    we have any further suspension of the fines for 

 7    violating either the minimum staffing laws or the 

 8    740 provisions?  Because, you know, as you are 

 9    probably well aware, the Governor did suspend 

10    those because of the ongoing pandemic, and then 

11    she let those expire recently.

12                 SENATOR RIVERA:   Through you, 

13    Mr. President.  (Pause.)  Through you, 

14    Mr. President.  So there is a small technical 

15    change that we did.  As we said, there's 

16    technical changes all across this part.  And this 

17    is all in reference to some -- as you said, some 

18    proposals that we've approved in the past that 

19    relate to nursing homes, since we -- I'm sure 

20    that we can all agree that we want to make sure 

21    that those that are taking care of our most 

22    vulnerable are held to a very high standard.

23                 One of the things that we did do is 

24    that we prorated the amounts that folks -- so 

25    that it would not refer to the entire year if 


                                                               2270

 1    there is a facility that is found to not be in 

 2    compliance.  So there is a little bit of a 

 3    relief, if you will, for some of these 

 4    facilities.

 5                 SENATOR BORRELLO:   Thank you.  

 6                 Mr. President, will the sponsor 

 7    continue to yield?  

 8                 THE PRESIDENT:   Does the sponsor 

 9    yield? 

10                 SENATOR RIVERA:   Through you, 

11    Mr. President, particularly if he wants to talk 

12    about the predecessor, I'd -- I would yield 

13    happily always, but particularly in that 

14    instance.  

15                 (Laughter.)

16                 THE PRESIDENT:   The sponsor yields.

17                 SENATOR BORRELLO:   Thank you, 

18    Mr. President.  

19                 As you know, these facilities have 

20    faced years of Medicaid cuts.  Our former 

21    governor was very good at cutting those 

22    reimbursements.  And right now, as a matter of 

23    fact, I'd say the average is around $211 per day 

24    that we reimburse through Medicaid to nursing 

25    homes, which is about a $55 a day shortfall from 


                                                               2271

 1    the actual cost of care, on average.  

 2                 Meanwhile, I will point out that two 

 3    years after the Medicaid Redesign Team 

 4    identified -- and I also identified the egregious 

 5    waste, fraud and abuse in the Medicaid 

 6    non-emergency transportation funding, where we 

 7    pay taxi drivers to drive people to non-emergency 

 8    medical appointments.  In my area, just one trip 

 9    to a doctor's office, paid for by Medicaid, can 

10    be up to $350, round trip.  So we're paying a 

11    taxi driver $350 to drive someone to a doctor's 

12    appointment, and meanwhile we're paying a nursing 

13    home, with all of the expenses involved in caring 

14    for people, $211 a day.

15                 My question is, is there anything 

16    we're going to do about that?  Is there any 

17    further funding in this budget to help our 

18    nursing homes that are struggling?

19                 SENATOR RIVERA:   Through you, 

20    Mr. President, yes, there is.  

21                 First of all, there were cuts that 

22    we restored from years past, across-the-board 

23    Medicaid cuts that our esteemed predecessor -- 

24    the departed, as I refer to him -- actually 

25    imposed.  We got those back, so that is obviously 


                                                               2272

 1    something that is across the board, so it means 

 2    that it also relates to nursing homes.

 3                 And there's also -- there is a pool 

 4    of capital money that we wanted to make sure that 

 5    there were particular chunks that were available 

 6    for nursing homes.  So there's I believe 

 7    25 million that is in this budget for capital 

 8    improvements.  There would be a fund that they 

 9    would be able to get money from to be able to 

10    make capital improvements in nursing homes.  

11                 So both of those things are in this 

12    budget.

13                 SENATOR BORRELLO:   Mr. President, 

14    Will the sponsor continue to yield?

15                 THE PRESIDENT:   Does the sponsor 

16    yield?

17                 SENATOR RIVERA:   Yes, 

18    Mr. President.

19                 THE PRESIDENT:   The sponsor yields.

20                 SENATOR BORRELLO:   So that 

21    $25 million for capital funding, how will that be 

22    allocated to facilities?  Is it available to 

23    not-for-profits, for-profits?  How is that going 

24    to be distributed?  How do you qualify for 

25    that to access that funding?


                                                               2273

 1                 SENATOR RIVERA:   Through you, 

 2    Mr. President, there would have to be -- there's 

 3    a series of criteria that exists.  For the most 

 4    part we're talking about decisions that will be 

 5    made by the Department of Health, but it 

 6    refers -- there's particular criteria that is 

 7    created in this piece of legislation to make sure 

 8    that all -- that the providers that have the most 

 9    need get potential access.

10                 But the process for the -- so the 

11    general criteria is in here.  But obviously, as 

12    what happens with most of this, we will have to 

13    wait for the creation of the regulation after the 

14    budget is passed.  And we, I can assure you, will 

15    be very closely watching the administration and 

16    the Department of Health as they develop this -- 

17    as they implement the criteria to make sure 

18    that -- like we will do, for example, when 

19    referring to hospitals or other types of health 

20    facilities that we create funding for, we want to 

21    make sure that as the criteria that we establish 

22    in the budget -- once it's approved, as it is 

23    implemented, that the money actually goes to 

24    those that actually have the most need for the 

25    funding.


                                                               2274

 1                 SENATOR BORRELLO:   Mr. President, 

 2    will the sponsor continue to yield?

 3                 THE PRESIDENT:   Does the sponsor 

 4    yield?

 5                 SENATOR RIVERA:   Yes, 

 6    Mr. President.  

 7                 THE PRESIDENT:   The sponsor yields.

 8                 SENATOR BORRELLO:   So we're talking 

 9    about capital funding here.  As a result -- you 

10    know, obviously you say the most need, 

11    distressed -- maybe distressed nursing homes.  

12    But are they going to have to at least meet a 

13    certain minimum standard in order to qualify for 

14    money for capital improvements?  We're not 

15    talking about care, we're talking about capital.  

16                 You know, in other words, would a 

17    one-star nursing home be able to qualify for 

18    this?  Or would you have to have a certain 

19    standard of quality of care before you'd be able 

20    to qualify for this money?  

21                 SENATOR RIVERA:   Through you, 

22    Mr. President, it would be -- it would be hard to 

23    say.  It is likely, possible, that even a 

24    one-star facility, as far as quality, at a 

25    particular moment would be eligible.


                                                               2275

 1                 I mean, remember, we're talking 

 2    about projects that are meant to make that 

 3    facility better able to provide care.  So it is 

 4    possible -- we'd have to look at the particular 

 5    situation.  I couldn't tell you in every single 

 6    instance.  But there's a possibility that there 

 7    might be a facility that while not having a very 

 8    high quality rating before the project is done, 

 9    might actually make the case that the project is 

10    necessary to actually help them provide better 

11    care.

12                 So it is possible that such a thing 

13    might happen, but I couldn't tell you in every 

14    single instance.

15                 SENATOR BORRELLO:   Mr. President, 

16    will the sponsor continue to yield?  

17                 THE PRESIDENT:   Does the sponsor 

18    yield?

19                 SENATOR RIVERA:   Yes, 

20    Mr. President.  

21                 THE PRESIDENT:   The sponsor yields.

22                 SENATOR BORRELLO:   That's a fair 

23    response.  I understand that.

24                 But, you know, we have a lot of 

25    operators out there that just aren't good 


                                                               2276

 1    financial people, they're not good planners.  As 

 2    a result, they haven't funded reserves to ensure 

 3    that their facilities are properly maintained.  

 4    And then we have others that are far more 

 5    responsible, provide a higher level of care.  

 6                 Are we going to give preference to 

 7    those who have proven that they are good stewards 

 8    of their finances and certainly good stewards of 

 9    the residents that they care for?

10                 SENATOR RIVERA:   Through you, 

11    Mr. President, what we're talking about is the -- 

12    those who can demonstrate the most need.  So it 

13    is possible that -- I mean, let's say the -- and 

14    again, I can't make a guarantee one way or 

15    another on any of these facilities.  But let's 

16    say that one of these folks who is, as you said, 

17    a good steward, does everything that they need to 

18    do.  It's quite likely that they're able to find 

19    funding elsewhere, you know.  But it is also 

20    possible that this might actually fit into their 

21    plan to provide even better care for their 

22    patients.  

23                 So it is kind of impossible to tell, 

24    at this moment, except to say -- to refer -- and 

25    I could certainly -- if you'd give me a little 


                                                               2277

 1    bit, I can actually look at the criteria that's 

 2    actually in the budget proposal that's in front 

 3    of us and read it to you into the record.  But 

 4    outside of that criteria, we will really have to 

 5    wait for the Department of Health to actually 

 6    implement this criteria and actually be able to, 

 7    you know, to determine on a case-by-case basis as 

 8    best fits the criteria.

 9                 SENATOR BORRELLO:   Thank you.

10                 Mr. President, on the bill.

11                 THE PRESIDENT:   Senator Borrello on 

12    the bill.

13                 SENATOR BORRELLO:   First of all, 

14    thank you, Senator Rivera, for the engagement.  

15                 You know, I think there are quite a 

16    few industries that were really impacted by this 

17    pandemic and also are now being further impacted 

18    by mandates that are really going to have a 

19    horrible impact not just on the facilities, but 

20    on the residents.  

21                 When you start talking about these 

22    minimum staffing levels, this requirement that we 

23    have put in place -- that the Governor wisely 

24    suspended and then all of a sudden let it go -- 

25    what it means is, according to the nursing homes 


                                                               2278

 1    associations, is that right now here in New York 

 2    we're short about 12,000 healthcare professionals 

 3    just to fill the minimum requirements.  Twelve 

 4    thousand people.  Where are we going to get them 

 5    from?  

 6                 So what's going to happen?  Well, 

 7    they have a requirement, thanks to the State of 

 8    New York.  So they're going to have to shut down 

 9    beds, shut down wings, shut down facilities.  

10    This is not theory.  I've spoken with nursing 

11    home owners who have said these are tough 

12    decisions they're going to have to make.

13                 Now, when you live in a rural area 

14    like mine, you can't just go down the street and 

15    find another facility for your loved one.  You 

16    may have to take them back into your own home and 

17    care for them yourselves.  You may have to put 

18    them in a facility that's a long way away.  For 

19    people who have memory care issues, this can be 

20    very disruptive, traumatic.  And we've really 

21    done nothing in this budget to address that, and 

22    it's rather tragic. 

23                 I think we need to really look at -- 

24    seriously look at who are we trying to satisfy 

25    here, who are we trying to please with the 


                                                               2279

 1    740 rule and with these staffing rules?  It's not 

 2    the residents.  It's not the people that want to 

 3    be cared for, that need to be cared for, it's 

 4    special interest groups.

 5                 Now, you can dress this up as we're 

 6    going to provide better care.  Yes, we could 

 7    mandate to have 24-hour service for every single 

 8    resident in New York State.  That would be the 

 9    absolute best care you could get.  And there'd be 

10    about five people in New York State that would 

11    actually be cared for.  That's the problem.  

12                 We are at a point where we do not 

13    have the people to do this.  And we've added fuel 

14    to that fire by mandating it the way we have.

15                 Senator Rivera made a very 

16    interesting reference to the Beach Boys song.  I 

17    have one for you from my favorite old-old-school 

18    rap group from the '80s, the Fat Boys --

19                 (Laughter.)

20                 SENATOR BORRELLO:   -- "Crushin'."  

21    You're going to be crushin' these folks, 

22    unfortunately.  

23                 So I say that with tongue in cheek, 

24    but the reality is this is going to be difficult, 

25    and I think we need to find a way to help these 


                                                               2280

 1    people survive.

 2                 Thank you, Mr. President.

 3                 THE PRESIDENT:   Thank you.

 4                 Senator Serino.

 5                 SENATOR SERINO:   Thank you, 

 6    Mr. President.  And through you, Mr. President, 

 7    would the sponsor yield for some questions.

 8                 THE PRESIDENT:   Does the sponsor 

 9    yield? 

10                 SENATOR RIVERA:   Only if I am 

11    guaranteed another '80s hip-hop reference, 

12    Mr. President.

13                 (Laughter.)

14                 SENATOR RIVERA:   In all 

15    seriousness, I do --

16                 THE PRESIDENT:   The sponsor yields.

17                 SENATOR RIVERA:   I do yield.

18                 SENATOR SERINO:   Thank you, 

19    Senator Rivera.

20                 My question has to do with Lyme and 

21    tick-borne diseases.  As you know, I'm always 

22    talking ticks.  So does this final budget include 

23    any new funding for research, education or 

24    prevention initiatives to help stop the spread of 

25    Lyme and tick-borne diseases?  


                                                               2281

 1                 SENATOR RIVERA:   Through you, 

 2    Mr. President, yes, this is -- just for the 

 3    record, Senator Serino is dogged when it comes to 

 4    this, and I appreciate it.  Because obviously she 

 5    cares deeply about this issue.  I can tell 

 6    because she's -- every year, this is something 

 7    that she cares deeply about.  

 8                 I can tell you -- through you, 

 9    Mr. President, I can tell Senator Serino that we 

10    accepted extensions to various due dates to 

11    working groups' and task forces' reports that we 

12    have dates.  We have mentioned that they're in 

13    there, we accepted those.  And we accepted an 

14    inclusion of roughly $70,000 from the -- that was 

15    in the original budget, the Executive proposal, 

16    we accepted that.

17                 SENATOR SERINO:   With no 

18    disrespect, $70,000 is absolutely nothing.  

19    That's what the Governor puts in every single 

20    year.  We were up to a million dollars --

21                 THE PRESIDENT:   Senator Serino, I'm 

22    sorry, are you on the bill?

23                 (Overtalk.)

24                 SENATOR SERINO:   On the bill.  

25    Sorry.


                                                               2282

 1                 THE PRESIDENT:   On the bill, go 

 2    ahead.  Go ahead.

 3                 SENATOR SERINO:   We were up to a 

 4    million dollars.  We asked for 1.5 million, 

 5    right?  Which I'm sure you heard the other day I 

 6    said is less than 1 percent.

 7                 This is a health crisis.  I have 

 8    children coming into my office with arthritic 

 9    Lyme, adults with neurological symptoms.  They 

10    can't work anymore.  What do we do for them?  You 

11    know, and I feel like every year we're having 

12    this conversation.  So I'm just -- I'm really, 

13    really disappointed that we're not putting that 

14    money in.  As I said, we asked for the 

15    1.5 million that would really help New Yorkers.  

16                 And it's not just, you know, upstate 

17    New York.  All of you guys.  Think about it.  The 

18    past couple of years people have been coming up 

19    to the Hudson Valley and to the Adirondacks, and 

20    you don't have to be in the woods to get a tick 

21    on you, I can tell you that.  My husband stood on 

22    the blacktop and had four ticks on him in just a 

23    matter of minutes.  You know?  It's horrible.

24                 So I'll go on to my next question if 

25    I can.  Through you, Mr. President --


                                                               2283

 1                 THE PRESIDENT:   Does the sponsor 

 2    yield?

 3                 SENATOR SERINO:   -- does the 

 4    sponsor yield?

 5                 SENATOR RIVERA:   Yes, 

 6    Mr. President.

 7                 THE PRESIDENT:   The sponsor yields.

 8                 SENATOR SERINO:   Okay.  Senator 

 9    Rivera, does this budget include any funding for 

10    the state to undergo a full review of the 

11    pandemic response as relates to COVID-19 deaths 

12    in the nursing homes or any other 

13    pandemic-related actions?

14                 SENATOR RIVERA:   Through you, 

15    Mr. President, it does not.

16                 SENATOR SERINO:   Through you, 

17    Mr. President.

18                 THE PRESIDENT:   Does the sponsor 

19    yield? 

20                 SENATOR RIVERA:   Yes, 

21    Mr. President.

22                 THE PRESIDENT:   The sponsor yields.  

23                 SENATOR SERINO:   Can I ask why not?  

24    This -- you know, this is something that I think 

25    a lot of us were talking about.  The Governor 


                                                               2284

 1    even said that she was open to looking back.  

 2                 You know, you think of any time that 

 3    we have a tragedy or any kind of a disaster, what 

 4    do we do?  We do an investigation.  And I think 

 5    COVID-19 taught us it's not a matter of if, it's 

 6    a matter of when.  And I just think we owe it to 

 7    these families, 15,000 families that are waiting 

 8    for answers.  And it's like a real slap in the 

 9    face for them not to get that.  

10                 And I know that everybody had -- you 

11    know, I know you guys were talking about it too.  

12    And I just don't understand why we're not doing 

13    that now, when we have the perfect opportunity 

14    to.

15                 SENATOR RIVERA:   Through you, 

16    Mr. President.  The reality is that I agree in 

17    many instances with my colleague, and this is 

18    certainly one of them as it relates to making 

19    sure that we have to be able to look back and 

20    really have a clear view of what happened or not 

21    happened.  

22                 But I can tell you, as it relates to 

23    any type of study, it was not something that was 

24    ultimately discussed.  Not -- we could not reach 

25    a three-way agreement on anything regarding that.


                                                               2285

 1                 But I will tell you that -- through 

 2    you, Mr. President -- that I certainly am 

 3    supportive of whatever efforts we can make to 

 4    make sure that we are clear on where the 

 5    responsibility lies for things that happened that 

 6    led to the demise of so many New Yorkers.

 7                 There's some things that we've 

 8    already done.  We probably should do more, I 

 9    agree with my colleague on that one.  But as it 

10    relates to what is included in the budget, it is 

11    not something that a three-way agreement could be 

12    reached.

13                 SENATOR SERINO:   On -- on this 

14    Mr. President, just -- 

15                 THE PRESIDENT:   Senator Serino on 

16    the bill.

17                 SENATOR SERINO:   We have to -- no, 

18    I still have another question, I'm sorry.

19                 THE PRESIDENT:   Oh, I'm sorry.

20                 SENATOR SERINO:   I'm sorry, I said 

21    it incorrectly.  Just I hope that we'll continue 

22    that conversation, because we still have till the 

23    end of the year.

24                 My other question is, you know, 

25    mental health has been a huge topic -- 


                                                               2286

 1    Senator Krueger, right, through all our 

 2    Finance -- the hearings, everything, throughout 

 3    the budget process.  And there was bipartisan 

 4    agreement that we're in desperate need of 

 5    services for our children.  

 6                 So how many new residential 

 7    treatment beds for youth will be created in this 

 8    final budget, and where are they located?  

 9                 SENATOR RIVERA:   Through you, 

10    Mr. President, I do yield.  The question was 

11    asked.  And one second, please.

12                 Through you, Mr. President, that is 

13    something that is not currently in this bill.  It 

14    will be discussed later.  There's some final 

15    details and determinations that need to be made 

16    on future bills that will include that 

17    information, but it is not in the bill before us.

18                 SENATOR SERINO:   Mr. President --

19                 THE PRESIDENT:   Does the sponsor 

20    yield?

21                 SENATOR RIVERA:   Yes, 

22    Mr. President.  

23                 THE PRESIDENT:   The sponsor yields.

24                 SENATOR SERINO:   So we will -- so 

25    are there youth beds, then, in another part of 


                                                               2287

 1    the budget, is that what we -- there are?  Do we 

 2    know, is that --

 3                 SENATOR RIVERA:   Mr. President, 

 4    through you.  There will be new beds, but at this 

 5    time it is not finalized.  When it is, we will be 

 6    able to provide that information.  But it is not 

 7    finalized and not in the bill before us.

 8                 SENATOR SERINO:   Through you, 

 9    Mr. President --

10                 THE PRESIDENT:   Does the sponsor -- 

11                 SENATOR SERINO:   -- will the 

12    sponsor yield?

13                 THE PRESIDENT:   You want the 

14    sponsor -- does the sponsor yield?   

15                 SENATOR RIVERA:   Yes, 

16    Mr. President.  

17                 THE PRESIDENT:   The sponsor yields.

18                 SENATOR SERINO:   So it's not 

19    finalized, but is it in another -- because the 

20    Governor mentioned that there were going to be a 

21    thousand beds for mental health yesterday at the 

22    hearing.  So did she not have a discussion with 

23    you guys?  Is it like -- it's something that 

24    we're all talking about, and our kids need the 

25    help more than ever.  So is it going to come up 


                                                               2288

 1    later on this evening where I'll have the 

 2    opportunity to talk about it again?

 3                 SENATOR RIVERA:   Through you, 

 4    Mr. President, we will have -- we will have some 

 5    numbers.  We do not have final numbers at this 

 6    point.  

 7                 And yes, I was also aware of that 

 8    wonderful press conference that happened while we 

 9    were in conference.

10                 We do not have final numbers right 

11    now, and it is not in the bill before us.

12                 SENATOR SERINO:   Through you, 

13    Mr. President, I have one more question.

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR RIVERA:   Yes, 

17    Mr. President.

18                 THE PRESIDENT:   The sponsor yields.

19                 SENATOR SERINO:   Senator Rivera, is 

20    there any one-time COVID relief funding in this 

21    budget bill, or any others, for adult care 

22    facilities and assisted living residences?  

23    Because as you know, advocates were pushing for 

24    75 million for these facilities -- and that was 

25    statewide -- which provide critical care for some 


                                                               2289

 1    of our most vulnerable residents.  

 2                 So just wondering, do we see that 

 3    anywhere here?

 4                 SENATOR RIVERA:   Through you, 

 5    Mr. President, there is -- that 75 million did 

 6    not make it.  However, there is a $1.6 billion 

 7    pool that they would have access to.

 8                 SENATOR SERINO:   Through you, 

 9    Mr. President, another question.  

10                 THE PRESIDENT:   Does the sponsor 

11    yield?

12                 SENATOR SERINO:   So who --

13                 SENATOR RIVERA:   Yes.

14                 THE PRESIDENT:   The sponsor yields.

15                 SENATOR SERINO:   Who else has that 

16    pool?  Because that could be -- go to a lot of 

17    different places.  This was going to be 

18    specifically for their needs.

19                 SENATOR RIVERA:   Through you, 

20    Mr. President, it is true that there are -- that 

21    it is a lot of different types of facilities -- 

22    this is what happens when you're old, folks.  

23    Look at this.  See my glasses up here so I can 

24    actually read closer?  

25                 This 1.6 billion will be available 


                                                               2290

 1    to hospital residential healthcare facilities, 

 2    adult care facilities, diagnostic treatment 

 3    centers, children's residential treatment 

 4    facilities, et cetera, et cetera.  

 5                 So this is Part K.  So the full list 

 6    of those folks who are eligible for that 

 7    1.6 billion pool is in that part.  So it is -- it 

 8    is true that it is a lot of them, but 1.6 billion 

 9    is not peanuts.  So although the 75 million that 

10    is dedicated to them did not make it to the final 

11    budget, the enacted budget, there is a 

12    $1.6 billion pool that they can have access to.

13                 SENATOR SERINO:   Through you, 

14    Mr. President, because I don't know if this -- 

15                 THE PRESIDENT:   Does the sponsor 

16    yield?

17                 SENATOR RIVERA:   Yes, 

18    Mr. President.  

19                 THE PRESIDENT:   The sponsor yields.

20                 SENATOR SERINO:   So for the 

21    assisted care facilities, would there be a 

22    difference in the wording there between 

23    not-for-profit and for-profit?  Like -- are they 

24    all open to that funding?  

25                 SENATOR RIVERA:   Through you, 


                                                               2291

 1    Mr. President, there is -- both for-profits and 

 2    nonprofits would both have access to the same 

 3    pool.

 4                 SENATOR SERINO:   Access to the 

 5    funding, okay.  Because 19 facilities have 

 6    already closed.  So that was my concern, in order 

 7    to keep them going.  And the average person 

 8    that's in an assisted living facility is 85 years 

 9    old with multiple comorbidities.  

10                 So thank you.  That's all my 

11    questions.  Thank you.

12                 THE PRESIDENT:   Senator Martucci.

13                 SENATOR MARTUCCI:   Thank you, 

14    Mr. President.  Will the sponsor yield for a 

15    question?  It's on Part DD, so I'm not sure who 

16    would -- it's with respect to the human services 

17    cost of living.

18                 SENATOR RIVERA:   Through you, 

19    Mr. President, yes.

20                 THE PRESIDENT:   The sponsor yields.

21                 SENATOR MARTUCCI:   Excellent, thank 

22    you.  Through you, Mr. President.  

23                 My first question is as I was 

24    reviewing the Governor's Executive Budget 

25    proposal as well as the one-house budget 


                                                               2292

 1    proposals from both the Senate and the Assembly, 

 2    the Governor and the Senate proposed a 

 3    5.4 percent increase.  The Assembly, on the 

 4    contrary, provided an 11 percent increase.  I see 

 5    in the final adopted language here the language 

 6    is included for a 5.4 percent increase.  

 7                 In my review, it certainly seemed 

 8    like putting those three documents together, that 

 9    was sort of maybe a floor, an increased floor.  

10    And I was thinking perhaps maybe the sponsor 

11    could share a little bit of logic as to how you 

12    arrived at that number and why perhaps it wasn't 

13    a bit higher.

14                 SENATOR RIVERA:   Through you, 

15    Mr. President, the reason for the 5.4 -- this was 

16    actually the Executive's initial proposal.  And 

17    although there were different proposals on the 

18    table, as we were making decisions towards the 

19    end, that is ultimately what we decided on.  And 

20    we decided to accept the Executive's proposal of 

21    just a 5.4 percent COLA for the first year.

22                 SENATOR MARTUCCI:   Mr. President, 

23    will the sponsor continue to yield?

24                 THE PRESIDENT:   Does the sponsor 

25    yield?


                                                               2293

 1                 SENATOR RIVERA:   Yes, 

 2    Mr. President.  

 3                 THE PRESIDENT:   The sponsor yields.

 4                 SENATOR MARTUCCI:   Thank you.  

 5                 So I'm sure the sponsor is aware 

 6    right now inflation is at a 40-year high, 

 7    7.4 percent, somewhere in around that range.  

 8    We've heard from countless folks in this field, 

 9    direct service providers and others that, as my 

10    colleague Senator O'Mara called out, are really 

11    on the frontlines of healthcare and personally 

12    service care, but on the bottom rung, 

13    unfortunately, of the pay ladder.  

14                 Is it your position that a 

15    5.4 percent COLA is a raise in a year where 

16    there's a 7.4 percent inflation rate?  

17    Especially, again, because we're dealing with 

18    some of the individuals who are at the very 

19    bottom rung of the income ladder and are, again, 

20    folks that have not seen an increase, a 

21    significant increase in a very, very long time.

22                 SENATOR RIVERA:   Mr. President, 

23    what I am saying is that that is at this point, 

24    through the three-way negotiations, the best that 

25    we could get.


                                                               2294

 1                 SENATOR MARTUCCI:   Will the sponsor 

 2    continue to yield.

 3                 THE PRESIDENT:   Does the sponsor 

 4    yield?

 5                 SENATOR RIVERA:   Yes, 

 6    Mr. President.  

 7                 THE PRESIDENT:   The sponsor yields.

 8                 SENATOR MARTUCCI:   Thank you, 

 9    Senator.

10                 So my final question, then, is I'm 

11    sure you're aware that the Majority held a 

12    hearing that I participated in last year where it 

13    brought together, in particular, direct service 

14    providers, DSPs, to talk about the staffing 

15    crisis that exists in the I/DD community, an 

16    insufficient number of qualified folks to provide 

17    those critical personal services to individuals 

18    with disabilities.  

19                 Was any of the testimony that came 

20    from that hearing with respect to how we solve 

21    this workforce crisis taken into consideration 

22    during this process in which the 5.4 percent COLA 

23    was determined?  

24                 SENATOR RIVERA:   Through you, 

25    Mr. President.  I would say that in instances 


                                                               2295

 1    like this, certainly everything that we here as 

 2    policymakers kind of takes -- we take into 

 3    account as we go into those final negotiations.

 4                 But sometimes three-way agreements 

 5    are very hard to reach.  The fact that we are 

 6    here on the, what, eighth day of this month, so 

 7    just seven days late to the -- to our budget 

 8    should tell you a little bit about that.  

 9                 And in this case all I can say is 

10    that that is ultimately -- all those things might 

11    have been in the brains and the minds of all 

12    those folks who were negotiating, but ultimately 

13    this is the best that we could come up with in 

14    this particular situation.

15                 SENATOR MARTUCCI:   Mr. President, 

16    on the bill.

17                 THE PRESIDENT:   Senator Martucci on 

18    the bill.

19                 SENATOR MARTUCCI:   So I'll start by 

20    thanking Senator Rivera for answering my 

21    questions.  

22                 I mean, look, our direct service 

23    providers, our DSPs who take care of individuals 

24    with intellectual and developmental disabilities, 

25    and those that work in human services, have long 


                                                               2296

 1    been neglected in this state.  For many, many 

 2    years they've been neglected.  And as a result of 

 3    that neglect, we found ourselves -- I said this 

 4    before and I'll say it again right now on this 

 5    floor -- we've found ourselves on the edge of a 

 6    cliff.  We are not at a crossroads, but the edge 

 7    of a cliff with respect to how we support 

 8    individuals in our state with developmental 

 9    disabilities and others that need these critical 

10    human services.

11                 And, Mr. President, I don't think we 

12    have a greater responsibility than to care for 

13    folks like that in our society and make sure that 

14    we're doing everything we can to help support 

15    them.  And these direct services are only as good 

16    as the people who provide them.  And we're not 

17    going to be able to support these individuals 

18    that need these services so terribly when the 

19    best we can come up with, in a year like this, a 

20    year with 40-year record inflation, 7.4 percent, 

21    and a year where gas prices are skyrocketing and 

22    other things, that we come to the table with 

23    5.4 percent.  

24                 Many of these folks, most of these 

25    folks will be making less than they did last 


                                                               2297

 1    year.  Senator O'Mara called it out before when 

 2    he was talking about minimum wage, upstate 

 3    minimum wage:  $13.20.  So we'll start by saying 

 4    this shouldn't be a minimum wage job.  The jobs 

 5    that I'm talking about shouldn't be minimum wage 

 6    jobs.  But unfortunately, many of them are.  

 7                 And then when we add that 

 8    5.4 percent, we don't even get to 14 bucks.  And 

 9    that's why people aren't choosing this line of 

10    work.  Not because they don't love it -- they 

11    love it a lot.  They love the people they care 

12    for.  The problem is they can make more money 

13    virtually working anywhere else.  And in a budget 

14    flush with cash, we should be working this year 

15    to help the people who need the support the most, 

16    the people who are at the bottom end of this 

17    economic ladder, the people that have served on 

18    the frontlines of this pandemic, and the people 

19    that are taking care of the most vulnerable in 

20    our state.  

21                 We had an opportunity to do that 

22    here.  This is a really, really big, big missed 

23    opportunity.

24                 And the last thing I'll say is this.  

25    The reason I'm voting no when the time comes is 


                                                               2298

 1    because I think back to that hearing and the many 

 2    advocates that I've heard from during this entire 

 3    process.  And when you hear the stories, when you 

 4    hear the stories of someone that can't go to the 

 5    bathroom because their DSP didn't show up at 

 6    their home that day so they're in their 

 7    wheelchair all day, unable to go to the bathroom, 

 8    or folks that can't make medical appointments 

 9    because no one's there to take them -- or the way 

10    that lives have been altered because, again, 

11    there are an insufficient number of people to do 

12    this work -- this was our opportunity to do it.  

13    This is a missed opportunity to do it.  And I'm 

14    terribly disappointed in that, Mr. President.  

15                 We could have and we should have 

16    done better.  And I know that my colleagues on 

17    this side of the aisle, many of whom I had an 

18    opportunity to talk with before I walked in here, 

19    feel that exact same way.  We're tremendously 

20    disappointed in this proposal.  And as I said, 

21    when the time comes, for that and other reasons, 

22    I won't be voting in the affirmative today.

23                 THE PRESIDENT:   Are there any other 

24    Senators wishing to be heard?  

25                 Seeing and hearing none, debate is 


                                                               2299

 1    closed.  The Secretary will ring the bell.

 2                 There is a substitution at the desk.

 3                 The Secretary will read.

 4                 THE SECRETARY:   Senator Krueger 

 5    moves to discharge, from the Committee on 

 6    Finance, Assembly Bill Number 9007C and 

 7    substitute it for the identical Senate Bill 

 8    8007C, Third Reading Calendar 750.

 9                 THE PRESIDENT:   The substitution is 

10    so ordered.

11                 The Secretary will read.

12                 THE SECRETARY:   Calendar Number 

13    750, Assembly Print Number 9007C, Assembly Budget 

14    Bill, an act to amend the Public Health Law.

15                 THE PRESIDENT:   Read the last 

16    section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 THE PRESIDENT:   Call the roll.

20                 (The Secretary called the roll.)

21                 THE PRESIDENT:   Senator Mattera to 

22    explain his vote.  

23                 No -- do you want to?  

24                 SENATOR MATTERA:   Yes.

25                 THE PRESIDENT:   Okay.


                                                               2300

 1                 SENATOR MATTERA:   Thank you, 

 2    Mr. President.  On the bill.

 3                 You know, this is very upsetting to 

 4    me because all of our healthcare workers that 

 5    were here for our families for over two years -- 

 6    our heroes were here for over two years and lost 

 7    jobs.  I would have loved to have seen something 

 8    in this bill that was there for our heroes.  

 9                 They're essential workers.  The 

10    pandemic hits, they were there for our families 

11    and protected us from harm's way.  And there is 

12    nothing in this bill that protected these people 

13    that worked hard for us and with a pandemic that 

14    none of us have seen in our lifetime.  No 

15    unemployment insurance.  Where is that in this 

16    bill?  Any kind of money that they were there for 

17    our families, that they were there for these 

18    people?  Nothing at all.

19                 I am here today to say I wish that 

20    this was thought out a little bit more for the 

21    people, our essential workforce, our heroes.  And 

22    you know what?  They were forgotten about.  And 

23    I'm going to say it again.  Not even unemployment 

24    insurance for these people.  We lost talent, 

25    talent that had to move out of state.  Talent 


                                                               2301

 1    that, guess what, had to find a new occupation.  

 2    Talent that, you know what, that are our 

 3    neighbors, our friends, our families that lost 

 4    their jobs.  

 5                 So Mr. President, I will be voting 

 6    no on this bill for that main reason that, guess 

 7    what, nobody thought about our heroes.  And you 

 8    know what?  They went from heroes to zeroes.  But 

 9    they'll also be our heroes in my heart.

10                 Thank you very much.

11                 THE PRESIDENT:   Senator Mattera to 

12    be recorded in the negative.

13                 Senator Savino to explain her vote.

14                 SENATOR SAVINO:   Thank you, 

15    Mr. President.

16                 I rise in support of this bill.  And 

17    while it may not be perfect, I've never met a 

18    budget bill that is.  

19                 This is my 18th year in the Senate, 

20    my 32nd year in government, starting in the 

21    social service field.  And I will tell you for 

22    the entire time I have served in government, the 

23    State of New York has treated the human service 

24    sector like crap.  It always has.  And over the 

25    course of my 32 years, we have shifted more and 


                                                               2302

 1    more of the responsibility to the nonprofit 

 2    sector, which is one of the reasons why they have 

 3    driven down wages and shifted the burden.  

 4                 And so I won't be here next year, 

 5    but perhaps some of you who will be here will 

 6    rethink that.  Because that is what's driving 

 7    people out of this profession.  We are forcing 

 8    people to do this work without adequate 

 9    compensation.  Think about that.  If you want to 

10    recruit and retain people, think about how to 

11    raise their wages and stop starving these 

12    nonprofit agencies.  Because after all, they're 

13    just a pass-through for Medicaid.

14                 But there are good things in this 

15    budget bill, and I want to focus on one of them.  

16    Because you know what?  Sometimes when we get 

17    here, we forget about the people that helped get 

18    us elected.  When I ran for office in 2004, I 

19    knocked on the door of a family, a young couple, 

20    Joe and Rosina Trimarchi.  They had a young 

21    daughter, her name was Alexia.  She was born 

22    profoundly disabled.  She had spastic quad 

23    cerebral palsy, seizure disorder, GIRD, shunted 

24    hydrocephalus, and had a G-tube.  She lived at 

25    home because she had 24-hour care, four 


                                                               2303

 1    independent private-duty nurses, and had that at 

 2    home with her every day since.  

 3                 She's 21 now, and for the past few 

 4    years her mother and father have lived in dread 

 5    fear that the day would come when she would age 

 6    out of what's being called a medically fragile 

 7    child.  And why is that important?  Because 

 8    private-duty nurses get a much higher rate for 

 9    medically fragile children than they do for 

10    medically fragile adults.  And they knew that the 

11    day would come when she hit age 23, when they 

12    would lose the nurses that they depended on, that 

13    made it possible for Alexia to stay at home with 

14    her.

15                 In this budget bill, in Part O, we 

16    fix that.  And I want to say a special thank you 

17    to Jonathan Lang, because you worked on this for 

18    the past couple of years.

19                 And so tonight, Alexia, Joe and 

20    Rosina Trimarchi and other families around the 

21    state who have medically fragile children who are 

22    going to age out can sleep peacefully.  So if 

23    nothing else, we have accomplished something for 

24    really profoundly affected children today.  

25                 I vote in the affirmative.  Thank 


                                                               2304

 1    you, Mr. President.

 2                 THE PRESIDENT:   Senator Savino to 

 3    be recorded in the affirmative.

 4                 Senator Ramos to explain her vote.

 5                 SENATOR RAMOS:   Thank you, 

 6    Mr. President.  I'm voting in the affirmative, 

 7    but I really couldn't pass up the opportunity to 

 8    call out the audacity of, you know, the folks on 

 9    the other side of the aisle to rise and speak on 

10    behalf of workers and better pay.  I have never 

11    seen them or run into them at rallies for our 

12    nurses.  I didn't see you guys participate in any 

13    of our fight for fair pay for home care workers.  

14                 I mean, I agree that this bill 

15    doesn't go far enough -- not as far enough as I 

16    would like.  I mean, we just went through an 

17    entire pandemic, one of the biggest catastrophes 

18    of our lives.  My constituents are expecting me 

19    to deliver on the New York Health Act.  That 

20    would help us with Lyme disease and sickle cell 

21    and anything you name.  

22                 That is how we're able to save our 

23    health industry, is actually by taking insurance 

24    out, insurance companies out of the equation, and 

25    at the very least be able to support coverage for 


                                                               2305

 1    all, because it does matter that the person 

 2    sitting next to us on the bus isn't sneezing.  

 3    We've learned that now.

 4                 So I really do think that, you know, 

 5    with all of the decades of austerity and of 

 6    disinvestment in our hospital system, even, when 

 7    the other side of the aisle was in charge of this 

 8    body -- I mean, in the last 20 years five 

 9    hospitals have closed in Queens alone.  And that 

10    was what did us in during the pandemic.  

11                 So it's going to take years, it's 

12    going to take billions of dollars for us to 

13    reverse the damage that so many of you have done 

14    to our healthcare system.  And I really do hope 

15    that the day arrives soon where we can make the 

16    New York Health Act a reality in New York State.

17                 Thank you.

18                 THE PRESIDENT:   Senator Ramos to be 

19    recorded in the affirmative.

20                 Senator Rivera to explain his vote.

21                 SENATOR RIVERA:   Ditto on 

22    everything that the sister just said, 

23    particularly about the New York Health Act.  

24                 Just -- I quickly want to say 

25    certainly thank you to all my colleagues who 


                                                               2306

 1    chimed in.  It is true, Mr. President, that this 

 2    is far from a perfect budget bill.  It's far from 

 3    a perfect budget.  We'll certainly be talking 

 4    about it more during the day.  

 5                 I would say, however, that there's 

 6    some steps that are taken here -- the reason why 

 7    I'm voting in the affirmative on this one, 

 8    there's some positive steps that we're taking to 

 9    kind of fix the austerity of the last 10 or 11 

10    years.  The departed, as I often refer to him, 

11    and the administration that he led for so long, 

12    took the healthcare system and particularly 

13    those -- the healthcare that serves the most 

14    vulnerable, whether it's nursing homes, whether 

15    it's distressed hospitals, whether it's 

16    high-needs communities, and he treated them with 

17    disdain.  

18                 And I'm glad to say that we're kind 

19    of turning the corner.  But much like a big 

20    battleship, you cannot turn it on a dime.  And so 

21    there's some steps forward that we're having 

22    here.  I will -- just a couple of things that I 

23    want to underline.  Unfortunately, the global 

24    cap, which is something that we have spoken about 

25    many times on this floor as being something that 


                                                               2307

 1    is unnecessary, still is with us.  All right, 

 2    I'll give you one more year.  We've got to 

 3    definitely talk about it.  

 4                 We did, however, come back, as I 

 5    said, from the across-the-board cuts that we had 

 6    done before on Medicaid, and we put a little bit 

 7    more on top of that.  We did identify money for 

 8    distressed hospitals, and we're going to be 

 9    working in the next couple of bills -- in the 

10    next couple of months, I should say, to really 

11    make sure that that gets to the right folks that 

12    have the most need.

13                 We did do some changes on 

14    telehealth, which is important.

15                 So we've done -- I think, 

16    Mr. President, that we have done a little bit of 

17    what we need to do to kind of right the ship on 

18    this.  But it is certainly not the last time that 

19    I will be on this floor talking about how we need 

20    to really come back from the austerity and the 

21    disinvestment that the last decade gave us.  And 

22    certainly not the last time, Mr. President, that 

23    I stand up to talk about how necessary the 

24    New York Health Act is.  So hopefully we will do 

25    that very soon.


                                                               2308

 1                 Thank you, Mr. President.  I'll be 

 2    voting in the affirmative.  

 3                 THE PRESIDENT:  Senator Rivera to be 

 4    recorded in the affirmative.

 5                 Senator Akshar to explain his vote.

 6                 SENATOR AKSHAR:   Mr. President, 

 7    thank you.  

 8                 I certainly wasn't going to rise, 

 9    but "audacity"?  Spare me the theatrics.  How 

10    about "hypocrisy"?  

11                 You know what, you have an 

12    opportunity to take care and address all these 

13    issues that you speak of.  It's not here yet, but 

14    it will be on our desks:  you're going to give a 

15    billion dollars to a football team to build a 

16    stadium.  So you know what?  It is hypocrisy at 

17    its best to point your finger and blame the 

18    people on this side of the aisle for your 

19    shortcomings and your failures.  

20                 You had an -- you've had plenty of 

21    opportunities this year, 10 billion extra dollars 

22    from the federal government.  And you know what?  

23    Back at home where I come from, the people that I 

24    represent in a very small town, Owego, a 

25    15-year-old girl just killed herself.  They have 


                                                               2309

 1    30 kids in their school who are on a three-month 

 2    waitlist to get services, mental health services.  

 3                 So spare me the theatrics.  Don't 

 4    point your finger and blame people on this sides 

 5    of the aisle.  You ought to look in a mirror.  

 6                 Mr. President, I vote no.

 7                 THE PRESIDENT:   Senator Akshar to 

 8    be recorded in the negative.

 9                 Senator Mannion to explain his vote.

10                 SENATOR MANNION:   Thank you, 

11    Mr. President.  I rise today in support of this 

12    bill.

13                 I'd like to thank our staff, 

14    including Jonathan Lang, Chris Higgins and 

15    others.  I'd like to thank Senator Rivera and 

16    Leader Stewart-Cousins for her advocacy on a 

17    number of issues, but one particular issue is the 

18    CDPAP program, a consumer-directed program.  And 

19    what is really important about it being in this 

20    bill is that services are provided for people in 

21    their homes to make sure that they can live 

22    independently, as independently as possible, and 

23    stay in their homes without going into a nursing 

24    home.

25                 And beyond that, what this -- the 


                                                               2310

 1    language assures is that there will be regional 

 2    providers that know the systems in the area best, 

 3    that know the networks in the area best, and more 

 4    importantly know the individuals themselves and 

 5    their needs because they have a close 

 6    relationship with them.  

 7                 And as a result, I'm proud to 

 8    support this part of the bill, but really the 

 9    bill entirely.  It took a lot of work to get to 

10    this point.  And I can tell you that not just the 

11    organizations that are involved but, more 

12    importantly, the people who need to be served by 

13    these organizations are very appreciative that 

14    their regional local providers that know them 

15    best will be providing the service.

16                 And as chair of the Disabilities 

17    Committee, I have to say this.  I appreciate the 

18    comments that had occurred before.  We went over 

19    a decade without any cost-of-living adjustment, 

20    and last year we fought hard for a 1 percent 

21    cost-of-living adjustment.  One percent.  I held 

22    a hearing, as Senator Martucci referenced, and we 

23    listened to the concerns of individuals.  We 

24    listened to the concerns of providers and 

25    advocates.  And we listened to the concerns of 


                                                               2311

 1    DSPs.  

 2                 We have a vacancy rate that is 

 3    unacceptable.  And we have a turnover rate that 

 4    is challenging.  And the reason it is challenging 

 5    is because this work is delicate, it's based on 

 6    trust.  

 7                 So what do we have in this budget?  

 8    We have historic increases in a cost-of-living 

 9    adjustment at 5.4 percent.  But I, as chair of 

10    the Disabilities Committee, Senator Brisport, who 

11    is chair of Children and Families, Senator 

12    Harckham, who works with the O agencies such as 

13    OASAS, and Senator Brouk, who's chair of 

14    Mental Health, we will continue to advocate for 

15    these agencies.  The fight is not over.  

16                 Remember that this is historic that 

17    we have this cost-of-living adjustment.  There is 

18    much work to be done.  We will continue to do 

19    that work, and we will be back in the fight.

20                 I vote aye.

21                 THE PRESIDENT:   Senator Mannion to 

22    be recorded in the affirmative.

23                 Senator Krueger to explain her vote.

24                 SENATOR KRUEGER:   Thank you, 

25    Mr. President.


                                                               2312

 1                 There are reasons to vote for this 

 2    bill, there are reasons to vote against this 

 3    bill.  And I just want to say I appreciate my 

 4    colleagues' -- on both sides -- passions about 

 5    this.  Because what is clear is that many of us 

 6    do agree in this room, on both sides of the 

 7    aisle, that we need to invest more in our human 

 8    services, in our workers, in the people we all 

 9    care about, we all have in our districts, and 

10    that the state needs to do better.

11                 I do believe that on total, this 

12    bill is a better bill for health and human 

13    services than I have seen in many a year and 

14    makes a first down payment on some of the work we 

15    have to continue to do.  

16                 I also respect my colleagues' -- on 

17    both sides of the aisle -- passion about how we 

18    should get there.  One of my colleagues, or more, 

19    would argue that we should get there by raising 

20    taxes.  Other colleagues would argue that we 

21    shouldn't pay for football fields.  I actually 

22    agree with both of you.  

23                 But we're not there this year, so we 

24    can't get it all.  And so we need to continue 

25    working together even when we get angry at each 


                                                               2313

 1    other, recognizing what we have been able to do 

 2    and what we have not been able to do, and 

 3    remembering while this is technically the budget, 

 4    it's not the end of the process at all.  

 5                 And every single one of us knows how 

 6    you advocate and you organize to push your own 

 7    agenda.  And that's, by the way, why we all 

 8    decided to run for office, because we believe in 

 9    the democratic process.  We believe that if we go 

10    into government trying to meet the goals we have 

11    set for ourselves and what we hear is needed by 

12    the people we are trying to represent, we are 

13    going to get it better.

14                 But we're not done.  But again, I 

15    just wanted to say, because people are a little 

16    hot and tired, that I'm actually happy for the 

17    dialogue and even the fight.  

18                 I vote yes, Mr. President.  Thank 

19    you.

20                 THE PRESIDENT:   Senator Krueger to 

21    be recorded in the affirmative.

22                 Announce the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 750, those Senators voting in the 

25    negative are Senators Akshar, Borrello, Boyle, 


                                                               2314

 1    Gallivan, Griffo, Helming, Jordan, Lanza, 

 2    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

 3    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

 4    Weik.

 5                 Ayes, 43.  Nays, 20.

 6                 THE PRESIDENT:   The bill is passed.

 7                 Senator Gianaris, that completes the 

 8    reading of the controversial calendar.

 9                 SENATOR GIANARIS:   Mr. President, 

10    just by way of updating our members, there are 

11    four remaining bills before the budget is 

12    complete.  They are in the process of being 

13    finalized.  So we are going to stand at ease for 

14    a short while, while that process gets done, and 

15    our colleagues across the aisle have time to 

16    conference the bills once they are ready.  

17                 So the Senate will stand at ease.

18                 THE PRESIDENT:   The Senate will 

19    stand at ease.

20                 (Whereupon, the Senate stood at ease 

21    at 3:11 p.m.)

22                 (Whereupon, the Senate reconvened at 

23    7:13 p.m.)

24                 THE PRESIDENT:   The Senate will 

25    return to order.


                                                               2315

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   Mr. President, 

 3    there will be an immediate meeting of the Finance 

 4    Committee in Room 124.

 5                 THE PRESIDENT:   There will be an 

 6    immediate meeting of the Finance Committee in 

 7    Room 124.  

 8                 SENATOR GIANARIS:   The Senate 

 9    stands at ease.

10                 THE PRESIDENT:   The Senate will 

11    stand at ease.

12                 (Whereupon, the Senate stood at ease 

13    at 7:13 p.m.)

14                 (Whereupon, the Senate reconvened at 

15    7:47 p.m.)

16                 THE PRESIDENT:   The Senate will 

17    return to order.

18                 Senator Gianaris.

19                 SENATOR GIANARIS:   Mr. President, 

20    there's a report of the Finance Committee at the 

21    desk.  

22                 Please take that up.

23                 THE PRESIDENT:   The Secretary will 

24    read.

25                 THE SECRETARY:   Senator Krueger, 


                                                               2316

 1    from the Committee on Finance, reports the 

 2    following bill:  

 3                 Senate Print 8006C, Senate Budget 

 4    Bill, enacts into law major components of 

 5    legislation necessary to implement the state 

 6    education, labor, housing and family assistance 

 7    budget for the 2022-2023 state fiscal year.  

 8                 The bill reports direct to third 

 9    reading.  

10                 SENATOR GIANARIS:   Move to accept 

11    the report of the Finance Committee.  

12                 THE PRESIDENT:   All those in favor 

13    of accepting the report of the Finance Committee 

14    signify by saying aye.

15                 (Response of "Aye.")

16                 THE PRESIDENT:   Opposed, nay.  

17                 (Response of "Nay.")

18                 THE PRESIDENT:   The report is 

19    accepted.

20                 Senator Gianaris.  

21                 SENATOR GIANARIS:   Let's take up 

22    the supplemental calendar, please.  

23                 THE PRESIDENT:   The Secretary will 

24    read.

25                 THE SECRETARY:   Calendar Number 


                                                               2317

 1    752, Senate Print 8006C, Senate Budget Bill, an 

 2    act to amend the Education Law.

 3                 SENATOR AKSHAR:   Lay it aside.

 4                 THE PRESIDENT:   Before we lay it 

 5    aside, is there a message of necessity at the 

 6    desk?

 7                 THE PRESIDENT:   There is a message 

 8    of necessity at the desk.

 9                 SENATOR GIANARIS:   Move to accept 

10    the message of necessity.  

11                 THE PRESIDENT:   All those in favor 

12    of accepting the message process signify by 

13    saying aye.  

14                 (Response of "Aye.")

15                 THE PRESIDENT:   Opposed, nay.

16                 (Response of "Nay.")

17                 THE PRESIDENT:   The message is 

18    accepted and the bill is before the house.

19                 SENATOR GIANARIS:   I believe it's 

20    laid aside, Mr. President.  

21                 THE PRESIDENT:   The bill is laid 

22    aside.

23                 SENATOR GIANARIS:   Let's move to 

24    the controversial calendar.

25                 THE PRESIDENT:   The Secretary will 


                                                               2318

 1    ring the bell.

 2                 The Secretary will read.

 3                 THE SECRETARY:   Calendar Number 

 4    752, Senate Print 8006C, Senate Budget Bill, an 

 5    act to amend the Education Law.

 6                 Senator Akshar, why do you rise?

 7                 SENATOR AKSHAR:   Mr. President, I 

 8    believe there's an amendment at the desk.  I 

 9    waive the reading of that amendment and ask that 

10    you recognize Senator Palumbo to be heard.

11                 THE PRESIDENT:   Thank you, 

12    Senator Akshar.  

13                 Upon review of the amendment, in 

14    accordance with Rule 6, Section 4B, I rule it 

15    nongermane and out of order at this time.

16                 SENATOR AKSHAR:   Accordingly, 

17    Mr. President, I appeal the ruling of the chair 

18    and ask that Senator Palumbo be recognized.

19                 THE PRESIDENT:   The appeal has been 

20    made and recognized, and Senator Palumbo may be 

21    heard.

22                 SENATOR PALUMBO:   Thank you, 

23    Mr. President, for allowing me the opportunity to 

24    the appeal the ruling of the chair.  

25                 As we sit here today with the 


                                                               2319

 1    Education, Labor and Family Assistance Budget 

 2    bill, we do have incorporated within this bill an 

 3    amendment to -- and further changes to the bail 

 4    reform statute.  Now, this is the third iteration 

 5    of the bail reform statute, and with respect to 

 6    germaneness, the proposed amendment will repeal 

 7    the so-called bail reform statute in its 

 8    entirety.  

 9                 So when we sit here -- and obviously 

10    we're addressing just simply the germaneness, and 

11    I'll get to the bill itself in a little bit -- I 

12    don't think we can actually say with a straight 

13    face that it's not germane to changes to the bail 

14    reform statute.

15                 And now by way of history, in 2019, 

16    in the budget, bail reform was adopted.  It took 

17    effect on January 1, 2020.  And quite clearly, it 

18    was dangerous and became more dangerous by the 

19    day.  And after a significant backlash, 

20    significant people were released from custody, 

21    people could not have been held on -- for 

22    example, manslaughter in the second degree.  I 

23    was in the other house at the time, during the 

24    2019 budget, and I specifically argued that 

25    charges such as drunk driving and killing someone 


                                                               2320

 1    were ineligible for bail.  

 2                 So clearly, there was no choice, and 

 3    the two houses, the two majorities, felt the need 

 4    to immediately make changes.  And they made some 

 5    not very significant changes.  But they did add a 

 6    few things, like when someone loses their life, 

 7    the judge could consider bail.  

 8                 But again, having a laundry list of 

 9    crimes that are ineligible for bail, the judge 

10    has no discretion to decide dangerousness, to 

11    decide anything of any real significance that 

12    would otherwise ensure that person's return to 

13    court, because they were specifically ineligible 

14    crimes.  So that was version two.

15                 And then we sit in this chamber 

16    today making yet another round of changes, 

17    because clearly, in my opinion, and I think in 

18    the opinion of most New Yorkers, we are less safe 

19    as a result.  

20                 So when I suggest that this is not 

21    only germane, that this bill, repealing it and 

22    starting from scratch is the answer, I think it's 

23    without question that we all agree.  Otherwise, 

24    we wouldn't be standing here making yet another 

25    change that in my opinion, having read Part UU of 


                                                               2321

 1    this ELFA bill, doesn't do much.  In fact, it 

 2    doesn't come anywhere close to fixing the 

 3    problem.  

 4                 So the reason why we need full 

 5    repeal -- and I might add one thing.  Because 

 6    some of my colleagues have said, and publicly, 

 7    that we're going to go back to the Stone Age, 

 8    we're going to go back -- this is terrible, that 

 9    if we want to even consider repealing the current 

10    bail statute -- well, actually, we're going to go 

11    back to December 31, 2019.  We're not going back 

12    to the Stone Age, we're going just a few years 

13    back.  And then we can talk about doing it right.  

14    Because there were some changes that possibly 

15    could have been done, for sure, but not like 

16    this.  And not like version two.  And, quite 

17    frankly, not like the one we're about to debate 

18    and vote on today.

19                 So with all due respect, 

20    Mr. President, I do appeal your ruling.  I do 

21    believe this bill is certainly germane.  And I 

22    think if we can get past the germaneness, we 

23    should ultimately have a vote on the floor, 

24    because that is what we need to do to help our 

25    New Yorkers be more safe.


                                                               2322

 1                 Thank you.

 2                 THE PRESIDENT:   Thank you, 

 3    Senator Palumbo.  

 4                 I want to remind the house that the 

 5    vote is on the procedures of the house and the 

 6    ruling of the chair.  

 7                 Those in favor of overruling the 

 8    chair, signify by saying aye.

 9                 SENATOR AKSHAR:   Request a show of 

10    hands.

11                 SENATOR GIANARIS:   We've agreed to 

12    waive the showing of hands and record each member 

13    of the Minority in the affirmative, 

14    Mr. President.

15                 THE PRESIDENT:   Without objection, 

16    so ordered.  

17                 Announce the results.

18                 THE SECRETARY:   Ayes, 20.

19                 THE PRESIDENT:   The ruling of the 

20    chair stands, and the bill in chief is before the 

21    house.

22                 Senator Palumbo, why do you rise?  

23                 SENATOR PALUMBO:   Mr. President, I 

24    believe there's an amendment at the desk.  I 

25    waive the reading of that amendment and I ask 


                                                               2323

 1    that you recognize Senator Borrello to be heard, 

 2    please.

 3                 THE PRESIDENT:   Thank you, 

 4    Senator Palumbo.  

 5                 Upon review of the amendment, in 

 6    accordance with Rule 6, Section 4B, I rule it 

 7    nongermane and out of order at this time.

 8                 SENATOR PALUMBO:   Accordingly, 

 9    Mr. President, I appeal the ruling of the chair 

10    and ask that Senator Borrello once again be 

11    recognized.

12                 THE PRESIDENT:   The appeal has been 

13    made and recognized, and Senator Borrello may be 

14    heard.  

15                 SENATOR BORRELLO:   Mr. President, I 

16    rise to appeal the ruling of the chair.  This is 

17    indeed germane because the bill in chief -- the 

18    bill at hand amends the Mental Hygiene Law, and 

19    both relate to mental health treatment.  

20                 We should, as legislators, be 

21    interested in protecting everyone in New York.  

22    We should be concerned about the rise in mental 

23    illness that has plagued our state, especially 

24    during the pandemic.  This amendment would make 

25    Kendra's Law permanent.  Kendra's Law has been 


                                                               2324

 1    effective but underutilized in addressing those 

 2    with severe mental illness, while still 

 3    addressing them during assisted outpatient 

 4    treatment.  It has helped them get the help they 

 5    need while also ensuring there's not the stigma 

 6    of getting mental health treatment.

 7                 We've talked a lot about what we can 

 8    do to curb violence, and that's what we're going 

 9    to talk about tonight a little bit more.  But 

10    those who need help should be able to get that 

11    help, and those professionals that can evaluate 

12    someone and determine what kind of help they can 

13    get, should have that opportunity.  And that is 

14    what Kendra's Law does.  

15                 This should not be something that we 

16    should have to wring our hands over to ensure 

17    that it's going to be renewed, or have it held 

18    hostage as part of a negotiation.  It should 

19    indeed be permanent, and that's what this 

20    amendment would do.

21                 So, Mr. President, I appeal your 

22    ruling, and I hope you rule in my favor.

23                 Thank you.

24                 THE PRESIDENT:   Thank you, Senator 

25    Borrello.  


                                                               2325

 1                 I want to remind the house that the 

 2    vote is on the procedures of the house and the 

 3    ruling of the chair.  

 4                 Those in favor of overruling the 

 5    chair, signify by saying aye.

 6                 SENATOR PALUMBO:   Request a show of 

 7    hands.

 8                 SENATOR GIANARIS:   We've once again 

 9    agreed to waive the showing of hands and record 

10    each member of the Minority in the affirmative, 

11    Mr. President.  

12                 THE PRESIDENT:   Without objection, 

13    so ordered.  

14                 Announce the results.  

15                 THE SECRETARY:   Ayes, 20.

16                 THE PRESIDENT:   The ruling of the 

17    chair stands, and the bill-in-chief is before the 

18    house.

19                 Senator Ortt.

20                 SENATOR ORTT:   Thank you, 

21    Mr. President.  Would the sponsor yield.

22                 THE PRESIDENT:   Does the sponsor 

23    yield for questions?  

24                 SENATOR KRUEGER:   Yes, sir, I do.

25                 THE PRESIDENT:   The sponsor yields.


                                                               2326

 1                 SENATOR ORTT:   Through you, 

 2    Mr. President.

 3                 SENATOR KRUEGER:   Excuse me.  If I 

 4    might ask the sponsor which section he's going to 

 5    start with questions on.

 6                 SENATOR ORTT:   Section UU.

 7                 SENATOR KRUEGER:   Then if you do 

 8    not mind --

 9                 SENATOR ORTT:   I do not.

10                 SENATOR KRUEGER:   -- we have 

11    someone else who's going to be the sponsor for 

12    this section.

13                 SENATOR ORTT:   Fair enough.

14                 SENATOR KRUEGER:   Senator Bailey 

15    will be representing us.  Thank you.

16                 THE PRESIDENT:   Does the sponsor 

17    yield?

18                 SENATOR BAILEY:   Absolutely.

19                 THE PRESIDENT:   The sponsor yields.

20                 SENATOR ORTT:   Thank you.  Through 

21    you, Mr. President.  

22                 Does the sponsor consider the 

23    changes in this section of the bill that we're 

24    voting on tonight a rollback or repeal of the 

25    cashless bail that was passed by this body in 


                                                               2327

 1    2019?  

 2                 SENATOR BAILEY:   Through you, 

 3    Mr. President, the modifications that were made 

 4    in Part UU of this bill were changes that were 

 5    made to clarify statutes that were existing, to 

 6    make it easier for judges to understand and 

 7    determine the nature of the proceedings and to 

 8    also make sure that -- in the prior instance of 

 9    what we did, we wanted to make sure that we 

10    clarified what bail was about.  And bail was 

11    about a return to court.  

12                 In clarifying some of the language, 

13    we wanted to make sure that we were -- we're 

14    looking to do everything that we can to make it 

15    easier for judges to understand what the intent 

16    of the Legislature was.

17                 SENATOR ORTT:   Through you, 

18    Mr. President, will the sponsor continue to 

19    yield?

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR BAILEY:   Sure.

23                 THE PRESIDENT:   The sponsor yields.

24                 SENATOR ORTT:   So I want to -- just 

25    so I understand.  Through you, Mr. President.  


                                                               2328

 1                 So that would be a no, the sponsor 

 2    would not view these clarifications as a repeal 

 3    or rollback of any of the provisions of the 

 4    cashless bail law of 2019.

 5                 SENATOR BAILEY:   Through you, 

 6    Mr. President, different people have different 

 7    verbiages and different ways of saying things, 

 8    Mr. President.

 9                 SENATOR ORTT:   Through you, 

10    Mr. President, if the sponsor would continue to 

11    yield.

12                 THE PRESIDENT:   Does the sponsor 

13    yield?

14                 SENATOR BAILEY:   Certainly.  

15                 THE PRESIDENT:   The sponsor yields.

16                 SENATOR ORTT:   Through you, 

17    Mr. President.  What is the sponsor's way of 

18    saying it here?

19                 SENATOR BAILEY:   Through you, 

20    Mr. President.  I answered the Senator in my 

21    initial response to his initial question.

22                 SENATOR ORTT:   Through you, 

23    Mr. President, will the sponsor continue to 

24    yield?  

25                 THE PRESIDENT:   Does the sponsor 


                                                               2329

 1    yield?

 2                 SENATOR BAILEY:   Yes.

 3                 THE PRESIDENT:   The sponsor yields.  

 4                 SENATOR ORTT:   Through you, 

 5    Mr. President, does the sponsor believe that the 

 6    cashless bail -- again, the cashless bail law 

 7    that was passed in 2019 by the Majority in this 

 8    house -- has resulted in an increase in crime 

 9    here in New York or has contributed to an 

10    increase in crime here in the State of New York?

11                 SENATOR BAILEY:   Through you, 

12    Mr. President, no.

13                 SENATOR ORTT:   If the sponsor would 

14    continue to yield.

15                 THE PRESIDENT:   Does the sponsor 

16    yield?

17                 SENATOR BAILEY:   Yes.

18                 THE PRESIDENT:   The sponsor yields.

19                 SENATOR ORTT:   Through you, 

20    Mr. President.  If not, then why, for the second 

21    time, are we attempting to fix this law?  This is 

22    the second time that this body has taken up the 

23    cashless bail that was passed in 2019, the second 

24    time we've taken up trying to fix it.  So we 

25    passed it in 2019, we tried to -- we came up with 


                                                               2330

 1    some fix in 2020, and now here we are again.  

 2                 So if it hasn't increased crime, 

 3    then what has brought us back here to clarify or 

 4    to try and fix it for yet a second time -- 

 5    really, a total of three times that we've passed 

 6    laws related to bail in this body since 2019.  

 7                 SENATOR BAILEY:   Through you, 

 8    Mr. President.  As a legislator, I think our job 

 9    is to ensure -- especially through the process of 

10    chapter amendments.  We modify bills based upon 

11    chapter amendments a number of times.  

12                 So as legislators, if we see 

13    something, we are -- we must make sure we take a 

14    look at that and do what we need to do that.  

15                 What we did here is make sure -- 

16    again, in my initial response to the first 

17    question -- was to ensure that there was 

18    clarifying language so that judges were able to 

19    interpret the statutory construction that we 

20    created around the laws of 2019 when we passed 

21    that at that time.

22                 SENATOR ORTT:   Will the sponsor 

23    continue to yield?  

24                 THE PRESIDENT:   Does the sponsor 

25    yield?


                                                               2331

 1                 SENATOR BAILEY:   Certainly.

 2                 THE PRESIDENT:   The sponsor yields.  

 3                 SENATOR ORTT:   Through you, 

 4    Mr. President.  So the sponsor said when you see 

 5    something, when we see something, we have to make 

 6    changes or attempt to make amendments.  

 7                 So what have we seen as a result of 

 8    cashless bail from 2019 that has resulted in us 

 9    coming back and trying to amend it?  

10                 SENATOR BAILEY:   Through you, 

11    Mr. President, we have seen that certain judges 

12    were not exactly clear on what the intent of the 

13    Legislature was, and we decided to clarify that 

14    accordingly.

15                 SENATOR ORTT:   Will the sponsor 

16    continue to yield?

17                 THE PRESIDENT:   Does the sponsor 

18    yield?

19                 SENATOR BAILEY:   Absolutely.  

20                 THE PRESIDENT:   The sponsor yields.

21                 SENATOR ORTT:   Through you, 

22    Mr. President, were there any changes to cashless 

23    bail as part of the Executive Budget?  

24                 SENATOR BAILEY:   Through you, 

25    Mr. President, the Executive did not include 


                                                               2332

 1    those initially.  

 2                 SENATOR ORTT:   Will the sponsor 

 3    continue to yield? 

 4                 THE PRESIDENT:   Does the sponsor 

 5    yield?

 6                 SENATOR BAILEY:   Yes.

 7                 THE PRESIDENT:   The sponsor yields.  

 8                 SENATOR ORTT:   Were there changes 

 9    at all in the 30-day amendments?

10                 SENATOR BAILEY:   Through you, 

11    Mr. President, no.

12                 SENATOR ORTT:   Will the sponsor 

13    continue to yield? 

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR BAILEY:   Absolutely.

17                 THE PRESIDENT:   The sponsor yields.

18                 SENATOR ORTT:   Were there changes 

19    or amendments in the Senate or Assembly one-house 

20    budgets?

21                 SENATOR BAILEY:   Through you, 

22    Mr. President, no.

23                 SENATOR ORTT:   Will the sponsor 

24    continue to yield? 

25                 THE PRESIDENT:   Does the sponsor 


                                                               2333

 1    yield? 

 2                 SENATOR BAILEY:   Yes.

 3                 THE PRESIDENT:   The sponsor yields.

 4                 SENATOR ORTT:   So there was nothing 

 5    about this in the Executive Budget, there was 

 6    nothing about this in the 30-day amendments, 

 7    there was nothing about this in the Senate or 

 8    Assembly one-house budgets.  And as of March 

 9    15th, Senator Stewart-Cousins, the Majority 

10    Leader, said that "I think the Governor has been 

11    very clear that the bail reforms that we did were 

12    right."

13                 So I'm curious if the sponsor could 

14    tell me, when did the Majority -- when did the 

15    Majority Conference decide that something had to 

16    be done, that these changes had to be made or 

17    attempted to be made to the cashless bail laws of 

18    2019?  Because as of March 15th, they were saying 

19    that -- their leadership was saying they're good, 

20    there was nothing in any part of this budget 

21    process until right now, here, tonight.  

22                 So I'm just curious as to when this 

23    decision was made by the Majority to make changes 

24    to cashless bail.

25                 SENATOR BAILEY:   Through you, 


                                                               2334

 1    Mr. President.  As the good Senator knows, that 

 2    legislating is an evolving conversation.  And 

 3    conversations were continued to be had, 

 4    through and including the time that the Senator 

 5    mentioned.

 6                 SENATOR ORTT:   Will the sponsor 

 7    continue to yield?

 8                 THE PRESIDENT:   Does the sponsor 

 9    yield?

10                 SENATOR BAILEY:   Absolutely.  

11    Absolutely.

12                 THE PRESIDENT:   The sponsor yields.

13                 SENATOR ORTT:   Through you, 

14    Mr. President, I did not -- surely there must be 

15    an answer in there, a time frame -- last week, 

16    two weeks ago, a month ago, last night.  There 

17    had to be a moment when the conference, when the 

18    Senator decided something had to be done.  I'm 

19    curious if he can tell me or share that with me.

20                 SENATOR BAILEY:   Through you, 

21    Mr. President, as I previously stated, these 

22    conversations are rapid, they are fast and 

23    furious, and they continue through and including 

24    this period of time.  There were a number of 

25    conversations had with a number of parties up to 


                                                               2335

 1    this date when the bill-in-chief is before the 

 2    house.

 3                 SENATOR ORTT:   Will the sponsor 

 4    continue to yield? 

 5                 THE PRESIDENT:   Does the sponsor 

 6    yield?

 7                 SENATOR BAILEY:   Yes.

 8                 THE PRESIDENT:   The sponsor yields.

 9                 SENATOR ORTT:   Rapid and evolving, 

10    certainly.

11                 What stakeholders were -- through 

12    you, Mr. President, what stakeholders were 

13    involved in the legislation Part UU that is 

14    before us tonight?  What specifically -- what law 

15    enforcement agencies were consulted or involved 

16    in conversations as this legislation was rapidly 

17    and evolvingly crafted?

18                 SENATOR BAILEY:   Through you, 

19    Mr. President -- I've been sorry to say I haven't 

20    been doing it through you, Mr. President.  Thank 

21    you for that.  

22                 District attorneys, defenders, 

23    police organizations, including but not limited 

24    to the State Troopers, the NYPD, the Yonkers 

25    Police Department.  And from my understanding, a 


                                                               2336

 1    host of other conversations that members of our 

 2    incredible staff, specifically Dorothy Powell -- 

 3    I wanted to make sure we make that for the 

 4    record -- were having with members of law 

 5    enforcement.  

 6                 So yes, law enforcement was 

 7    consulted in these rapidly evolving 

 8    conversations, Mr. President.  

 9                 SENATOR ORTT:   Will the sponsor 

10    continue to yield? 

11                 THE PRESIDENT:   Does the sponsor 

12    yield?

13                 SENATOR BAILEY:   Yes.

14                 THE PRESIDENT:   The sponsor yields.

15                 SENATOR ORTT:   Through you, 

16    Mr. President, just so I can get clarification, 

17    the NYPD or the NYPBA was consulted as part of 

18    this?

19                 SENATOR BAILEY:   Through you, 

20    Mr. President, yes.

21                 SENATOR ORTT:   On the bill, 

22    Mr. President.

23                 THE PRESIDENT:   Senator Ortt on the 

24    bill.

25                 SENATOR ORTT:   Well, first, I'll 


                                                               2337

 1    start with the last question there.  

 2                 I think that might be news to the 

 3    NYPBA, based on the statement I saw today from 

 4    PBA President Pat Lynch.

 5                 SENATOR BAILEY:   Through you, 

 6    Mr. President, the Senator asked NYPD.  That was 

 7    my understanding.  I personally have been dealing 

 8    with members of the NYPD, including the police 

 9    commissioner.  That was the -- I just wanted to 

10    make sure we clarified that for the record.

11                 SENATOR ORTT:   Thank you.  Thank 

12    you.  Through you, Mr. President.  

13                 THE PRESIDENT:   Senator Ortt on the 

14    bill.

15                 SENATOR ORTT:   So here we are, 

16    third time since 2019, talking about bail.  And I 

17    want to be pretty clear and I think we've -- our 

18    conference has been clear on this issue from 2019 

19    till today.  

20                 I think we were pretty clarifying in 

21    our comments back in 2019 when we said this law 

22    would result in more victims, this law would 

23    result in dangerous criminals being on the 

24    street, in more crimes.  All of which has been 

25    borne out.  All of which has happened.


                                                               2338

 1                 And despite attempts to cosmetically 

 2    fix this, here we still are -- crime rates, 

 3    violent crime rates skyrocketing across New York 

 4    City and across New York State.  And despite all 

 5    those statistics, only today we're here jamming 

 6    this into a bill known as Education and Labor, 

 7    because obviously bail has something to do with 

 8    education or labor.  

 9                 But I'm going to read a poll from 

10    Siena:  56 percent of folks from -- 56 percent of 

11    New Yorkers said that bail, cashless bail, was 

12    bad for New York.  Compared to 30 percent who 

13    said that it was a good thing.  That's why we're 

14    here tonight.  Public polling and public poll 

15    numbers are why we're here, not public safety.

16                 I want to read another quote from a 

17    colleague of mine who said:  "If you're coming 

18    for bail reform, be specific or be quiet.  It 

19    will save you the embarrassment when the truth 

20    comes out."

21                 Well, the truth is -- that 

22    New Yorkers know and we all know -- is that bail 

23    reform has been a disaster.  That's the truth.  

24    And it is embarrassing when we have to keep 

25    trying to fix something because we broke it.  


                                                               2339

 1    That is pretty embarrassing.  And it's 

 2    embarrassing when you're trying to look like 

 3    you're fixing something but you can't look like 

 4    you're fixing something too much or you'll lose 

 5    your base.  

 6                 So it's a tough position that the 

 7    Majority finds themselves in.  And it certainly 

 8    is embarrassing for New Yorkers that we are here.  

 9    But New Yorkers aren't fooled, we're not fooled, 

10    police officers aren't fooled, and victims aren't 

11    fooled.  This -- as the Governor said herself, I 

12    think tonight, we're not going backwards when it 

13    comes to bail.  Well, if we're not going 

14    backwards, we're going in the wrong direction.  

15                 So thank you very much, 

16    Mr. President.

17                 THE PRESIDENT:   Senator Palumbo.

18                 SENATOR PALUMBO:   Thank you, 

19    Mr. President.  

20                 Would Chairman Bailey yield for a 

21    few more questions on Part UU, please.

22                 THE PRESIDENT:   Does the sponsor 

23    yield?

24                 SENATOR BAILEY:   Most certainly, 

25    Senator Palumbo.


                                                               2340

 1                 THE PRESIDENT:   The sponsor yields.  

 2                 SENATOR PALUMBO:   Thank you, 

 3    Chairman.  And I wanted to ask some questions 

 4    about the specific language of the bill.  But I 

 5    just wanted to follow up a little bit on Leader 

 6    Ortt's previous question.  

 7                 So would you yield for a question?  

 8    Did you already yield?  I'm sorry.

 9                 SENATOR BAILEY:   Yes.

10                 SENATOR PALUMBO:   You know, just to 

11    follow up, I wasn't really clear on the reasons 

12    why we're making these changes.  Did you say it 

13    was for clarification for judges?  Can you please 

14    just repeat that for me?

15                 SENATOR BAILEY:   Mr. President, to 

16    clarify the earlier clarification, yes, it is to 

17    make sure that the statute was clearer and easier 

18    for judges to be able to interpret in determining 

19    their decisions when there is a matter before 

20    them.

21                 SENATOR PALUMBO:   Would you 

22    continue to yield, please.

23                 SENATOR BAILEY:   Absolutely.

24                 THE PRESIDENT:   Will the sponsor -- 

25    the sponsor yields.  


                                                               2341

 1                 SENATOR PALUMBO:   Senator, with 

 2    regard, then -- because you were here for the '19 

 3    initial adoption, right, and the changes in the 

 4    budget of 2020.  Why were there changes made in 

 5    the budget of 2020 to the original iteration of 

 6    the bail reform statute?

 7                 SENATOR BAILEY:   Through you, 

 8    Mr. President.  As I mentioned earlier, as 

 9    legislators, when we review something and we see 

10    that there could be changes made to it, we act 

11    accordingly and make those changes.

12                 SENATOR PALUMBO:   Will the Senator 

13    continue to yield, please?  

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR BAILEY:   Yes.

17                 THE PRESIDENT:   The sponsor yields.  

18                 SENATOR PALUMBO:   So in that 

19    regard, then, was that just to clarify those 

20    changes in 2020?  Or was that because it was -- 

21    there was an increase in crime as a result of the 

22    original bill?

23                 SENATOR BAILEY:   Through you, 

24    Mr. President, the initial changes were made 

25    three months into the initial law that had 


                                                               2342

 1    passed.  So there wasn't necessarily time to be 

 2    able to make clarifying changes as much as it was 

 3    about listening to members of law enforcement, 

 4    members of the defense bar and other associated 

 5    organizations -- and police departments as 

 6    well -- who had indicated concerns with the way 

 7    the statutory construction was on the initial 

 8    bill.

 9                 SENATOR PALUMBO:   Thank you, 

10    Senator.  

11                 Through you, Mr. President, will the 

12    sponsor continue to yield.

13                 THE PRESIDENT:   Does the sponsor 

14    yield?

15                 SENATOR BAILEY:   Yes.

16                 THE PRESIDENT:   The sponsor yields.  

17                 SENATOR PALUMBO:   And thank you, 

18    Senator Bailey.  

19                 So the way I'm -- what I'm hearing, 

20    then, obviously there was no confusion because 

21    these crimes, from the first iteration to the 

22    second, were not even included in the bill.  

23    There was nothing unclear about the fact that the 

24    judge could not set bail.  

25                 So upon listening to people, is what 


                                                               2343

 1    you're saying, to people who were concerned 

 2    because public safety was a problem, that's the 

 3    reason why we made the changes in 2020?  

 4                 SENATOR BAILEY:   Through you, 

 5    Mr. President, I don't think those were my exact 

 6    words.  

 7                 What I think I indicated was, as 

 8    legislators, as responsible legislators, we 

 9    listened to people who contacted us in relation 

10    to what some of the language was in relation to 

11    the initial statute that was done.  We listened 

12    to them, we took their concerns into hand, and we 

13    made modifications accordingly.

14                 SENATOR PALUMBO:   Thank you.

15                 Would you continue to yield, please.

16                 THE PRESIDENT:   Does the sponsor 

17    yield?

18                 SENATOR BAILEY:   Yes.

19                 THE PRESIDENT:   The sponsor yields.

20                 SENATOR PALUMBO:   Thank you.  And 

21    it's very artful.  

22                 But it's very rare, I think, that 

23    people in this business will actually say "we 

24    made a mistake."  So I guess I should ask it 

25    plainly.  Can we actually agree at this point 


                                                               2344

 1    that the original bail reform statute was a 

 2    mistake, there were changes that needed to be 

 3    made based upon its practical application.

 4                 Is that fair to say?

 5                 SENATOR BAILEY:   There was not a 

 6    mistake.  The notion that wealth-based detention 

 7    is acceptable was not a mistake.  The fact that 

 8    you should -- someone can be incarcerated simply 

 9    because -- or remain incarcerated simply because 

10    of the lack of financial wherewithal they have is 

11    abhorrent.  So I would not say that there were 

12    mistakes made.

13                 I would say, again, as legislators, 

14    when presented with concerns and issues before us 

15    by credible individuals and credible parties, we 

16    have a duty to make sure that we return and, if 

17    necessary, modify accordingly.

18                 SENATOR PALUMBO:   Will the sponsor 

19    continue to yield, please, on the bill. 

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR BAILEY:   Yes.

23                 THE PRESIDENT:   The sponsor yields.

24                 SENATOR PALUMBO:   So I have an 

25    article from about three days ago from the 


                                                               2345

 1    Daily News, and it had to do about statements in 

 2    an article that was a result of Commissioner -- 

 3    the commissioner's comments, of the NYPD.  She 

 4    indicated that over 500 people have been arrested 

 5    three times or more in January, February, March 

 6    of '22 alone, for robbery, burglary and 

 7    shoplifting.  

 8                 So can you reconcile for me how that 

 9    rearrest -- three times or more -- for crimes 

10    that originally, before 2020's implementation of 

11    bail reform, they were originally bail-eligible 

12    offenses but they were mandatorily omitted as a 

13    result of this particular statute.

14                 So can you tell me how the second 

15    and third time victims were not a result of the 

16    effects of bail reform, how they are not 

17    suffering as a result?  And that's just in the 

18    past three months.

19                 SENATOR BAILEY:   Through you, 

20    Mr. President, it's my understanding that robbery 

21    and burglary are bail-eligible, are they not, 

22    Senator Palumbo?

23                 SENATOR PALUMBO:   Well, through 

24    you, Mr. President, let me -- I believe they have 

25    the -- so of 500 arrests -- I had it on this 


                                                               2346

 1    sheet here.  No, I don't have that section of the 

 2    article.  

 3                 But I'll give you another example:  

 4    135 arrests by the Neighborhood Safety Unit, 

 5    which was implemented on March 14th, 135 arrests.  

 6    Twenty percent of them involve people with 

 7    pending felony cases, and 28 are suspects with 

 8    previous felony convictions.  

 9                 So under -- depending on what those 

10    felonies are, of course, a prior felony 

11    conviction was not an eligible crime.  Right?  We 

12    would agree, or it currently isn't as we stand 

13    here today before this?  

14                 If someone has a prior felony 

15    conviction, rather, if they're arrested for a 

16    nonqualified offense, you can't set bail.  The 

17    prior history had nothing to do with it, correct? 

18                 SENATOR BAILEY:   Mr. President, I 

19    just want to go back to the initial question that 

20    was asked.  And it goes back to the 

21    facts-versus-fear conversation.  It is amazing 

22    how miraculously the robbery and burglary charges 

23    disappeared just now.

24                 But notwithstanding -- 

25    notwithstanding that, I would look to figure out 


                                                               2347

 1    in terms of the data, and we don't -- I don't 

 2    have -- we don't have data that would indicate 

 3    that this change has increased -- which is what I 

 4    believe the Senator is attempting to reconcile.

 5                 That as a result of bail reform, I 

 6    don't have any statistical data that would show 

 7    that these incidences are higher or lower than 

 8    they were prior to the enactment of bail reform.

 9                 SENATOR PALUMBO:   Can you yield, 

10    please, Senator?

11                 THE PRESIDENT:   Will the sponsor 

12    yield?

13                 SENATOR BAILEY:   Absolutely.  

14                 THE PRESIDENT:   The sponsor yields.

15                 SENATOR PALUMBO:   Well, as we stand 

16    here today, before this bill gets signed into 

17    law, would you agree with me that robbery in the 

18    third degree and burglary in the third degree are 

19    ineligible for bail?

20                 SENATOR BAILEY:   Through you, 

21    Mr. President, I believe so.  I believe so.

22                 SENATOR PALUMBO:   That they're not.

23                 SENATOR BAILEY:   You are correct.

24                 SENATOR PALUMBO:   Will you continue 

25    to yield?


                                                               2348

 1                 THE PRESIDENT:   Does the sponsor 

 2    yield?

 3                 SENATOR BAILEY:   Yes.

 4                 THE PRESIDENT:   The sponsor yields.

 5                 SENATOR PALUMBO:   And Chairman, 

 6    would you also agree with me that burglary in the 

 7    second degree, as long as they don't enter the 

 8    living area, and robbery in the second degree -- 

 9    aided by another, without a weapon or injury -- 

10    are also ineligible for bail as we stand here 

11    today?

12                 SENATOR BAILEY:   Through you, 

13    Mr. President, the facts and the circumstances 

14    depending on each purported offense would depend 

15    on whether that offense would be bail-eligible.  

16                 But based upon the limited facts 

17    that the Senator has mentioned, I would agree.

18                 SENATOR PALUMBO:   Would you 

19    continue to yield.

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR BAILEY:   I yield.

23                 THE PRESIDENT:   The sponsor yields.

24                 SENATOR PALUMBO:   Thank you, 

25    Senator.  


                                                               2349

 1                 And would you also agree that as we 

 2    stand here today, an A-2 drug sale -- for 

 3    example, I sell enough fentanyl to kill everyone 

 4    in this room, and it's less than two ounces -- is 

 5    ineligible for bail?  

 6                 SENATOR BAILEY:   Through you, 

 7    Mr. President, that would be correct.

 8                 SENATOR PALUMBO:   Would you 

 9    continue to yield?  

10                 THE PRESIDENT:   Does the sponsor 

11    yield?

12                 SENATOR BAILEY:   I yield.

13                 THE PRESIDENT:   The sponsor yields.

14                 SENATOR PALUMBO:   And you know the 

15    list is long, Senator.  I won't go through all of 

16    them so we're not here all night.  

17                 But every other drug possession or 

18    sale, A-2 and lower, is ineligible, and many 

19    other crimes in the Penal Law that are felonies, 

20    including larcenies -- other than grand larceny 

21    in the first degree, which is over a million 

22    bucks -- are, as we stand here today, ineligible 

23    for bail.  Meaning no matter what the 

24    circumstances are, the judge may not set bail.

25                 SENATOR BAILEY:   Through you, 


                                                               2350

 1    Mr. President.  As the Senator knows, there are a 

 2    number of reasons why we don't look to 

 3    criminalize everything.  We've spoken on both 

 4    sides of the aisle about an opiate crisis, about 

 5    individuals who have concerns with substance use 

 6    disorder.  And the question before us is whether 

 7    incarceration is going to make our society 

 8    better.

 9                 But to the initial point that 

10    Senator Palumbo made concerning those specific 

11    categories, he is correct.

12                 SENATOR PALUMBO:   Thank you, 

13    Senator.  Would you continue to yield, please.

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR BAILEY:   The sponsor 

17    yields.

18                 THE PRESIDENT:   The sponsor yields.  

19                 SENATOR PALUMBO:   And Chairman, I 

20    guess one more question on that and then we'll 

21    get to the bill itself.  

22                 But as far as theft crimes, I know 

23    that they're somewhat addressed in the new bill.  

24    But as we stand here today, if someone's arrested 

25    for petit larceny, grand larceny, stolen 


                                                               2351

 1    vehicles, whatever it may be, as long as it's 

 2    less than a million dollars, you can do it every 

 3    single day and the court must release you.  Is 

 4    that accurate?  Must release you.

 5                 SENATOR BAILEY:   Through you, 

 6    Mr. President, that would not be accurate.  

 7    Because if you're a repeat offender, the 

 8    subsequent charges would become bail-eligible.

 9                 SENATOR PALUMBO:   Would the sponsor 

10    continue to yield.

11                 THE PRESIDENT:   Does the sponsor 

12    yield?

13                 SENATOR BAILEY:   Yes.

14                 THE PRESIDENT:   The sponsor yields.

15                 SENATOR PALUMBO:   Chairman, if we 

16    could get to the bill, page 450, if you don't 

17    mind.

18                 SENATOR BAILEY:   Not at all.

19                 SENATOR PALUMBO:   And the new 

20    specific language.  I just wanted to get into the 

21    weeds a little bit, because I actually -- when I 

22    was in the other house, when this first iteration 

23    passed, the sponsor there and I had many 

24    discussions about it, then we debated it.  And I 

25    actually spoke with her last week, and she said 


                                                               2352

 1    these judges don't understand.  

 2                 So if this is for clarification, as 

 3    you say, I think we need to create some 

 4    legislative intent to really be clear on what 

 5    some of these terms mean, if that's okay.

 6                 So if you look around the -- I guess 

 7    section (t) that's going to be added, at line 13 

 8    on page 450.  So we're going to add, to qualified 

 9    offenses, "any felony or class A misdemeanor 

10    involving harm to an identifiable person or 

11    property, or any charge of criminal possession of 

12    a firearm as defined in Section 265.01-b of the 

13    Penal Law."  

14                 And where such conduct arose from -- 

15    while the defendant was released on his or her 

16    own recognizance, released under conditions, or 

17    had yet to be arraigned after the issuance of a 

18    desk appearance ticket for a separate felony or 

19    Class A misdemeanor involving harm to an 

20    identifiable person or property or, again, the 

21    firearm charge.  

22                 So without addressing the firearm 

23    charge -- that's kind of an easy one -- I'd like 

24    to address, if we could, there is a definition of 

25    identifiable harm -- or involving harm to an 


                                                               2353

 1    identifiable person or property.

 2                 And then, lower, at line 25:  "For 

 3    the purposes of this paragraph, 'harm to an 

 4    identifiable person or property' shall include 

 5    but not be limited to theft of or damage to 

 6    property."

 7                 So now I ask you that -- and I said 

 8    it's going to be a little technical, because this 

 9    is a very technical change.  What do we mean by 

10    harm to a person?  Is that actual injury?

11                 SENATOR BAILEY:   Through you, 

12    Mr. President, we're leaving it up to the judge's 

13    discretion.

14                 SENATOR PALUMBO:   Will you continue 

15    to yield.

16                 THE PRESIDENT:   Does the sponsor 

17    yield? 

18                 SENATOR BAILEY:   Yes.

19                 THE PRESIDENT:   The sponsor yields.

20                 SENATOR PALUMBO:   So, Senator, 

21    we're going to now allow thousands of different 

22    interpretations of what "harm to a person" means 

23    up to an individual judge, in the thousands of 

24    jurisdictions that we have, from Justice Court, 

25    local town courts, to County Court, to 


                                                               2354

 1    Supreme Court.  Is that what I'm hearing?  

 2                 SENATOR BAILEY:   Through you, 

 3    Mr. President.  The Senator knows, as a 

 4    well-decorated attorney -- I don't mean that 

 5    off -- facetiously.  Senator Palumbo, you are a 

 6    great attorney.  You and I both know that there 

 7    is no catch-all provision for every single case.  

 8                 And it is interesting that during 

 9    some of the pendency of some of the hostile 

10    amendments that we've heard in this house, we've 

11    heard about discretion, discretion, discretion.  

12    And we're giving judges discretion.  

13                 So I believe that clarifying 

14    language, in order to make sure that judges have 

15    discretion and they can deal with what they 

16    perceive to be based upon the individual facts of 

17    specific matter, is certainly within our purview 

18    and certainly within the purview of the judiciary 

19    to determine.

20                 SENATOR PALUMBO:   Thank you, 

21    Senator.  Would you continue to yield?  

22                 THE PRESIDENT:   Does the sponsor 

23    yield?

24                 SENATOR BAILEY:   Yes.

25                 THE PRESIDENT:   The sponsor yields.


                                                               2355

 1                 SENATOR PALUMBO:   Thank you, 

 2    Senator Bailey.  I appreciate the compliment, and 

 3    you too.  We have very enthusiastic debates for 

 4    sure on the Codes Committee.

 5                 So I do need to clarify the 

 6    hypothetical, though, because as we stand here 

 7    today, robbery in second degree, aided by 

 8    another, is not a qualifying offense.  So we have 

 9    a violent felony, a Class C violent felony, 

10    robbery in the second degree.  And just for my 

11    colleagues who don't know this stuff, because 

12    we're literally in the weeds, aided by another is 

13    unarmed but you're forcibly threatening someone 

14    with physical threats.  

15                 For example, a gang of kids get 

16    around someone and they say, We want your 

17    property, and you turn it over as a result of 

18    that physical threat.  There's no physical harm, 

19    necessarily, but you're in fear.  It's the threat 

20    of force that makes it a robbery.

21                 So in that circumstance, is it 

22    completely up to the judge's, quote, discretion 

23    to try and extrapolate some harm?  Or does "harm 

24    to a person" mean what we think it all means, 

25    injury to a person?


                                                               2356

 1                 SENATOR BAILEY:   Through you, 

 2    Mr. President, in the hypothetical that Senator 

 3    Palumbo mentioned, robbery still involves theft 

 4    of property, and theft of property falls within 

 5    the purview of the new clarifying language that 

 6    we have put in here.  

 7                 So theft of property would qualify 

 8    them no matter what.  And there's a well-defined 

 9    body of case law as related to harm in the civil 

10    context.  So I think we'd be able to glean 

11    something from some of that case law in the civil 

12    context.

13                 SENATOR PALUMBO:   Would you 

14    continue to yield, please, Chairman?

15                 THE PRESIDENT:   Does the sponsor 

16    yield?

17                 SENATOR BAILEY:   Absolutely.

18                 THE PRESIDENT:   The sponsor yields.

19                 SENATOR PALUMBO:   And so I think -- 

20    I appreciate that.  So if we're using, say, a 

21    civil definition of harm, it can be emotional 

22    harm and terror that you feel.  Is that accurate?  

23                 SENATOR BAILEY:   Through you, 

24    Mr. President.  In that hypothetical, correct.

25                 SENATOR PALUMBO:   Okay, thank you.  


                                                               2357

 1    And that's on the harm element.  

 2                 Would you continue to yield, please.

 3                 THE PRESIDENT:   Will the sponsor 

 4    yield?

 5                 SENATOR BAILEY:   If you can repeat 

 6    the question.

 7                 SENATOR PALUMBO:   Sure.  I was just 

 8    saying -- my question on the harm that we were 

 9    saying, of the physical harm, not so much the 

10    theft of property element.  I'm talking about the 

11    harm element that if someone -- a judge perceives 

12    that there was a threat that was experienced or 

13    perceived by the complainant victim, then in fact 

14    that will meet the element of harm for the 

15    purposes of being bail-eligible.

16                 SENATOR BAILEY:   So in the 

17    contemplation of this language, the statutory 

18    language was contemplated relating to physical 

19    harm of an individual.  That was what was in 

20    contemplation.  

21                 However, as we mentioned before, 

22    judges are able to make determinations.  And when 

23    we give them discretion, they are able to make 

24    determinations based upon the individualized case 

25    facts of the matter before them.


                                                               2358

 1                 SENATOR PALUMBO:   Thank you.  

 2                 Senator, would you continue to 

 3    yield?

 4                 THE PRESIDENT:   Does the sponsor 

 5    yield?

 6                 SENATOR BAILEY:   Yes.

 7                 THE PRESIDENT:   The sponsor yields.

 8                 SENATOR PALUMBO:   Thank you.  

 9                 And so just, then, for 

10    clarification, for those watching or who will be 

11    reading this transcript someday, the judge could 

12    render a decision that someone's perceived threat 

13    of harm, although no physical injury -- they were 

14    crying, they felt fear, their heart raced, and 

15    they tendered, let's say, a pack of cigarettes, 

16    because that's going to get me to my next 

17    question, which is going to lead to some more 

18    language in here.

19                 But say it's something that's of 

20    very low value that is tendered.  It would still 

21    be a robbery under our law.  In that 

22    circumstance, the judge is perfectly allowed to 

23    impose a cash bail remand or to set bail, because 

24    they've met the "harm to a person" element.

25                 SENATOR BAILEY:   Through you, 


                                                               2359

 1    Mr. President, that fact pattern -- and any other 

 2    fact pattern, any other accused defense -- 

 3    depends on context.  And so, again, we are giving 

 4    judges the ability to determine, in the matter 

 5    before them, regardless of whatever hypothetical 

 6    we go to -- and we can all go with hypotheticals 

 7    that may lead in one direction or another -- the 

 8    intent is to ensure that we're clarifying, for 

 9    the members of the bench, giving them more 

10    discretion, giving them the ability to interpret 

11    the individual matters before them.

12                 SENATOR PALUMBO:   Thank you, 

13    Senator.  Would you continue to yield?  

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR BAILEY:   Absolutely.

17                 THE PRESIDENT:   The sponsor yields.

18                 SENATOR PALUMBO:   And I appreciate 

19    the fact that we're saying it's clarifying for 

20    them.  Through you, Mr. President.  And of 

21    course, with all due respect, I think that's made 

22    it more confusing.  Because we still don't know 

23    what harm, physical harm to a person is, because 

24    we still don't have a defined, specific situation 

25    where we can say if there's physical contact and 


                                                               2360

 1    there's injury.

 2                 For example, in the lower charged 

 3    crimes, a harassment -- I punch you in the 

 4    face -- most likely harassment.  That's not an 

 5    assault third because you need substantial 

 6    injury.  

 7                 I break your nose, probably an 

 8    assault third, which is a misdemeanor.

 9                 So are we at a harassment level, 

10    which is still physical contact and a minor 

11    injury, are we at an assault situation, or are we 

12    at the physical threat of intimidation like I 

13    explained in that robbery example?  

14                 SENATOR BAILEY:   Through you, 

15    Mr. President.  In the time since the prior 

16    statute -- or soon to be prior statute at hand 

17    was enacted, the judges have seemed to interpret 

18    this -- these fact patterns in a manner in which 

19    they're looking at or interpreting it as more 

20    related to physical harm.  And so in looking at 

21    that, we just wanted to make sure we clarified 

22    that portion of it.

23                 SENATOR PALUMBO:   Okay.  And thank 

24    you, Chairman.  Would you continue to yield?  

25                 THE PRESIDENT:   Does the sponsor 


                                                               2361

 1    yield?

 2                 SENATOR BAILEY:   Certainly.

 3                 THE PRESIDENT:   The sponsor yields.

 4                 SENATOR PALUMBO:   So I think -- so 

 5    it's physical harm, is that what I'm hearing, 

 6    based upon the interpretation that I'm gathering 

 7    there?  

 8                 SENATOR BAILEY:   Through you, 

 9    Mr. President, correct.  

10                 SENATOR PALUMBO:   Okay, understood.  

11    Thank you.  

12                 Would you continue to yield, please?

13                 THE PRESIDENT:   Does the sponsor 

14    yield?

15                 SENATOR BAILEY:   Certainly.  

16                 THE PRESIDENT:   The sponsor yields.

17                 SENATOR PALUMBO:   Now on the other 

18    element where a judge might have the opportunity 

19    to set bail.  They still need to make a finding, 

20    right, that such theft -- if the judge 

21    determines -- and this is, I guess, what you were 

22    talking about, what you were suggesting was 

23    discretion -- that such theft is negligible and 

24    does not appear to be in furtherance of other 

25    criminal activity, the principal shall be 


                                                               2362

 1    released, shall be released on his or her own 

 2    recognizance under appropriate non-monetary 

 3    conditions.

 4                 So my question to you is, how do we 

 5    define "negligible" in this particular statute 

 6    with respect to the value of property?  What does 

 7    that mean?  

 8                 SENATOR BAILEY:   Through you, 

 9    Mr. President, it's a fact-based analysis based 

10    upon, again, the -- the alleged offense at hand.  

11    And it's designed to address alleged -- 

12    alleged -- crimes of poverty.  We or I don't 

13    think anybody, regardless of what side of the 

14    aisle or whatever your affiliation may be, would 

15    believe that someone should be incarcerated 

16    simply for stealing something because that -- 

17    they want to eat.  

18                 Again, I want to be very clear, in 

19    the same breath, that we are not excusing, we are 

20    not condoning, and we're not encouraging such 

21    activities.  

22                 However, as thoughtful individuals, 

23    as reasonable people, it is our belief and should 

24    be everyone's belief that incarcerating someone 

25    based upon a fact-based analysis -- fact-based 


                                                               2363

 1    analysis, not conjecture-based, not 

 2    thought-based -- fact-based analysis that is 

 3    related to a crime of poverty, that the judge 

 4    again would still have the discretion to be able 

 5    to.  They still have discretion.  

 6                 SENATOR PALUMBO:   Will you continue 

 7    to yield, Senator?  And I'll wrap it up.

 8                 THE PRESIDENT:   Does the sponsor 

 9    yield?

10                 SENATOR BAILEY:   Absolutely.  

11                 THE PRESIDENT:   The sponsor yields.

12                 SENATOR PALUMBO:   Thank you.  So, 

13    for example, someone stole baby formula or bread, 

14    are you suggesting that would be negligible?  

15                 SENATOR BAILEY:   Mr. President, 

16    based upon what a fact-based analysis is based 

17    upon, based upon what the specific nature of the 

18    offense was in front of the judge.  And they have 

19    the determination -- excuse me, they have the 

20    discretion, the ability to determine what is 

21    negligible and what would not be negligible.

22                 SENATOR PALUMBO:   Will you continue 

23    to yield, Senator?

24                 THE PRESIDENT:   Does the sponsor 

25    yield?


                                                               2364

 1                 SENATOR BAILEY:   I do.

 2                 THE PRESIDENT:   The sponsor yields.

 3                 SENATOR PALUMBO:   With respect to 

 4    that same negligible determination, how about a 

 5    Louis Vuitton bag that's a thousand-dollar bag?  

 6    Would that be considered negligible or could that 

 7    be considered negligible by some judges and pass 

 8    muster?  

 9                 SENATOR BAILEY:   Through you, 

10    Mr. President, again, it's a fact-based analysis, 

11    but I think that we stray far from -- I don't 

12    think that -- no disrespect intended -- that an 

13    individual could eat a Louis Vuitton bag.

14                 SENATOR PALUMBO:   Senator, I know 

15    I'm coming up on a half an hour, and I do 

16    appreciate your questions {sic}.  

17                 On the bill, please, Mr. President.

18                 THE PRESIDENT:   Senator Palumbo on 

19    the bill.

20                 SENATOR PALUMBO:   Thank you.

21                 And I do appreciate Chairman Bailey 

22    answering my questions.  He -- as we indicated 

23    earlier, he artfully gave me a lot of 

24    non-answers, and I guess we can appreciate that 

25    as lawyers and people in government.


                                                               2365

 1                 But I think we all kind of know what 

 2    the answers are -- that this actually provides 

 3    discretion in one direction.  Because they could 

 4    ultimately -- this is all we're doing, we're 

 5    adding a firearm crime.  And it's trafficking of 

 6    a gun -- very, very rare circumstance -- and some 

 7    possession.  

 8                 But we have all these other crimes 

 9    that are quite frankly wreaking havoc amongst our 

10    communities, and we now have something that is -- 

11    well, if it involves theft of property or harm to 

12    a person -- discretionary terms -- we're going to 

13    be right back in the same position.

14                 Again, this is something that you 

15    can't hide behind.  Bad policy on the 

16    environment, bad policy on taxes, you can get 

17    away with that.  Because a couple of years later 

18    you can go back and say, you know what, maybe we 

19    were a little quick to act, maybe we need to make 

20    some changes.  And nobody really notices.  The 

21    taxes get a little bit -- maybe they're happy 

22    because they get their tax return, hey, I got a 

23    bigger refund this year, that's wonderful.  

24    Great, good stuff.  You know, oh, paid 16 cents 

25    less for a gallon of gas.  Ah, not too bad.  Life 


                                                               2366

 1    goes on.  Ten bucks a week.

 2                 But you can't hide when it comes to 

 3    public safety.  And we have crime running rampant 

 4    in our communities.  And I know we say it's the 

 5    pandemic, it's guns, I've heard Donald Trump, 

 6    I've heard all these things.  And I even had some 

 7    colleagues the other day saying, well, Florida, 

 8    Florida is -- the murder rate is up, Florida is a 

 9    red state and Florida -- and it became a little 

10    political.  

11                 But the bottom line is -- actually, 

12    in response to that, I pulled it up.  Florida, a 

13    few weeks ago, 50th straight year crime went down 

14    as a whole.  Murders are up, you're absolutely 

15    right.  Violent crime is up 2.3 percent.  

16    Property crimes, in a non-bail reform state, are 

17    down 17 percent.  Rape is down.  Domestic 

18    violence murder was down in 2020, while stalking 

19    increased.  So they experienced the same pandemic 

20    that we did.  

21                 So it's not just anecdotal that 

22    we're struggling with criminal justice and public 

23    safety in New York as a result of outside 

24    influences.  It's what we did in this building 

25    right here.  And quite frankly, this is a tweak 


                                                               2367

 1    that does virtually nothing.  And as I said 

 2    earlier, that's why repealing this, catching our 

 3    breath, and doing it right.  

 4                 New Jersey implemented a 

 5    dangerousness standard.  We don't have that 

 6    still.  We have some discretion, which isn't 

 7    really discretion, in my opinion, so it's not.  

 8    We have -- in New Jersey they implemented their 

 9    bail reform, and they have discretion.  And they 

10    have a score sheet where you can check off 

11    criminal history, risk of flight, all those 

12    checkoffs, and you get a certain score.  You're 

13    not even eligible for bail if you score high 

14    enough.  

15                 We actually did that in Suffolk 

16    County when I was a prosecutor.  And it would be 

17    considered, it would have significant weight as 

18    far as a judge releasing someone.  But it wasn't 

19    binding.  You could even have speedy trial sped 

20    up, that if you're not ready for trial and 

21    someone's incarcerated on a low-level felony, 

22    within 30 days they must be released.  

23                 I suggested that two years ago.  

24    Something like that would be smart.  Then the DA 

25    can prioritize.  Because certain misdemeanors -- 


                                                               2368

 1    for example, when I was a prosecutor, I would get 

 2    some fatalities charged as a misdemeanor DWI 

 3    only, because you needed to do reconstruction, 

 4    prove the case, put it in the grand jury, and 

 5    then charge the higher cases and the higher 

 6    crimes.  

 7                 Even under this statute, if you 

 8    don't damage anything and cause any harm to 

 9    property, you can get 17 DWIs in two weeks and 

10    you still must be released.  How is that safe?  

11    How is that good for the public?

12                 So, my friends, this does nothing to 

13    make us safer.  This is a press release.  And I'm 

14    sorry, I cannot agree with it.  And under no 

15    circumstances will our situation improve 

16    significantly enough in a manner in which we owe 

17    to our constituents and New Yorkers.  

18                 Thank you, Mr. President.

19                 THE PRESIDENT:   Senator Akshar.

20                 SENATOR AKSHAR:   Mr. President, 

21    thank you.  Will the sponsor yield?  

22                 SENATOR BAILEY:   Absolutely.  

23                 SENATOR AKSHAR:   Thank you, 

24    Senator.  

25                 I just want to come back out of the 


                                                               2369

 1    weeds.  I just want to return to this issue of 

 2    the judges and helping the judges have a better 

 3    understanding of what the intent of the 

 4    legislation was.

 5                 So over the course of the last three 

 6    years, have you heard specifically from judges 

 7    and have judges told you that with respect to the 

 8    first iteration of bail reform, the second, and 

 9    now the third, they in fact have had a difficult 

10    time interpreting the intent of the law?

11                 SENATOR BAILEY:   Through you, 

12    Mr. President, as recently as this year's hearing 

13    on Public Protection, the budget hearing on 

14    Public Protection.

15                 SENATOR AKSHAR:   Thank you.  

16                 Would the sponsor continue to yield?

17                 THE PRESIDENT:   Does the sponsor 

18    yield?

19                 SENATOR BAILEY:   Yes.

20                 THE PRESIDENT:   The sponsor yields.

21                 SENATOR AKSHAR:   So what 

22    specifically in the statute before us have we 

23    changed to make it easier for the judges to 

24    interpret the intent of the law?

25                 SENATOR BAILEY:   Through you, 


                                                               2370

 1    Mr. President.  Clarifying language based upon 

 2    repeat offenses, discovery, theft of property.  

 3    Those are some of the examples.  

 4                 SENATOR AKSHAR:   Mr. President, 

 5    through you, would the sponsor continue to yield?

 6                 THE PRESIDENT:   Does the sponsor 

 7    yield?

 8                 SENATOR BAILEY:   Absolutely.  

 9                 THE PRESIDENT:   The sponsor yields.

10                 SENATOR AKSHAR:   Let's ask a 

11    question about repeat offenses, because I want to 

12    make sure I understand it.  And I may be slightly 

13    confused about it, like the judges.  

14                 If I -- if I'm charged with criminal 

15    sale of a controlled substance today -- I sell 

16    two bundles of heroin to someone -- I'm 

17    arraigned, I'm released, because it's a 

18    non-bailable offense, and then three days from 

19    now I'm arrested once again for criminal sale of 

20    a controlled substance -- I sold two bundles of 

21    heroin to someone -- will the judge then have 

22    discretion and be able to remand me in that 

23    instance?

24                 SENATOR BAILEY:   Through you, 

25    Mr. President, they would not qualify, because 


                                                               2371

 1    there's no -- there was no identifiable person or 

 2    harm.

 3                 SENATOR AKSHAR:   Mr. President, 

 4    through you, if the sponsor would continue to 

 5    yield.

 6                 THE PRESIDENT:   Does the sponsor 

 7    yield?

 8                 SENATOR BAILEY:   Yes.

 9                 THE PRESIDENT:   The sponsor yields.

10                 SENATOR AKSHAR:   You think drug 

11    dealers pose a danger or inherent risk, by way of 

12    their action, to the public, the greater public?

13                 SENATOR BAILEY:   Can you repeat the 

14    question?  

15                 SENATOR AKSHAR:   Mr. President, 

16    through you.  Do you believe drug dealers pose a 

17    danger or a threat to the public by way of 

18    selling drugs to people who use them?

19                 SENATOR BAILEY:   There is certainly 

20    a concern there, but it would not qualify under 

21    the bail -- being bail-eligible, because there is 

22    no identifiable harm to a person.

23                 SENATOR AKSHAR:   Mr. President, 

24    just on the bill for one second.

25                 THE PRESIDENT:   Senator Akshar on 


                                                               2372

 1    the bill.

 2                 SENATOR AKSHAR:   With all due 

 3    respect, I think we may have missed the mark here 

 4    in this particular space.  I'm not being critical 

 5    of you, because I know that you and I have had 

 6    significant conversations around this space.

 7                 But not being able to identify harm 

 8    when one is selling, in this instance as I stand 

 9    here, heroin to people who are using it -- and we 

10    all know so many people are dying, right, of 

11    overdose -- I think we may have missed the mark 

12    here.

13                 Mr. President, if the sponsor will 

14    continue to yield.

15                 THE PRESIDENT:   Does the sponsor 

16    yield?

17                 SENATOR BAILEY:   The sponsor 

18    yields.  

19                 THE PRESIDENT:   The sponsor yields.

20                 SENATOR AKSHAR:   This next question 

21    I ask with the utmost respect.  The system of 

22    cash bail as we once knew it, prior to 2019, does 

23    the sponsor believe that it was inherently 

24    racist?

25                 SENATOR BAILEY:   Through you, 


                                                               2373

 1    Mr. President, the systems of justice in the 

 2    United States of America have long been 

 3    discriminatory towards many different classes of 

 4    people, many different religions of people, 

 5    many different races of people.  That may include 

 6    cash bail.  

 7                 Cash bail, the issue with it -- as I 

 8    mentioned in some of the questions by some of our 

 9    colleagues, it's abhorrent.  Because when you're 

10    looking to criminalize poverty and incarcerate 

11    someone based upon the amount of money that they 

12    do not have, that is what I believe is inherently 

13    problematic.

14                 SENATOR AKSHAR:   Thank you.  

15                 Mr. President, if the sponsor would 

16    continue to yield.

17                 THE PRESIDENT:   Does the sponsor 

18    yield?

19                 SENATOR BAILEY:   The sponsor 

20    yields.

21                 THE PRESIDENT:   The sponsor yields.

22                 SENATOR AKSHAR:   Within this reform 

23    have we included more crimes to the list of 

24    crimes that in fact are bail-eligible?

25                 SENATOR BAILEY:   Through you, 


                                                               2374

 1    Mr. President, we have spoken at length about the 

 2    scourge of gun violence in our respective 

 3    communities, in Broome and the Bronx, and there 

 4    was some clarifying language in relation to some 

 5    offenses related to gun crimes in the statute 

 6    that were added.

 7                 SENATOR AKSHAR:   Mr. President, 

 8    through you, if the sponsor will continue to 

 9    yield.

10                 THE PRESIDENT:   Does the sponsor 

11    yield?

12                 SENATOR BAILEY:   Yes.

13                 THE PRESIDENT:   The sponsor yields.

14                 SENATOR AKSHAR:   No other crimes, 

15    though, outside of gun crimes specifically.

16                 SENATOR BAILEY:   Through you, 

17    Mr. President, we've looked at a lot of the 

18    cases -- excuse me, we've looked at the 

19    Penal Law -- I don't want to say incessantly, but 

20    incessantly.  We've looked at it, our staff has 

21    pored over it, and we have reviewed a number of 

22    different offenses.  

23                 And we could go down the rabbit hole 

24    of every single offense in the Penal Law and 

25    determine whether they should be bail-eligible or 


                                                               2375

 1    if -- also if incarcerating that individual 

 2    actually makes that person -- actually 

 3    rehabilitates.  That's another statement to make.  

 4                 But by and large, in the bill before 

 5    us, the offenses that were changed related to gun 

 6    crimes.

 7                 SENATOR AKSHAR:   Mr. President, 

 8    through you, if the sponsor will yield.

 9                 THE PRESIDENT:   Does the sponsor 

10    yield?

11                 SENATOR BAILEY:   The sponsor 

12    yields.  

13                 THE PRESIDENT:   The sponsor yields.

14                 SENATOR AKSHAR:   I just want to go 

15    back to this issue of dealing drugs and so many 

16    people dying of overdose at the hands of other 

17    people.  We've reformed this a few times.  

18                 Do you think it's possible that we 

19    may come back and revisit this issue with respect 

20    to, you know, harm to an identifiable person?  

21    And just as we're here tonight, I know that we're 

22    not going to address that.  But do you think it 

23    may happen in the future in which we recognize 

24    that those that peddle poison in our communities 

25    in fact are taking the lives of our sons and our 


                                                               2376

 1    daughters -- in fact, that maybe law enforcement 

 2    would have a tool in which they could take those 

 3    perpetrators off the street?

 4                 SENATOR BAILEY:   Through you, 

 5    Mr. President, my grandfather James T. Bailey 

 6    once said, "Time is a fortune teller."  So I 

 7    don't -- and I'm not, so I don't know what's 

 8    going to happen in the future.  

 9                 What I can tell you, though, 

10    specifically related to crimes relating to the 

11    substance use disorder, statistics have shown -- 

12    and that is very clear, and very clearly shown -- 

13    incarceration is not the way to solving substance 

14    use disorder.  

15                 I know that the Senator and I, we've 

16    had many conversations as related to the opioid 

17    crisis and when it became a crisis and how it 

18    became a crisis.  And it's still a crisis.  We 

19    may disagree on whether incarceration is the way 

20    to manage that.  I certainly don't believe so, 

21    Mr. President.

22                 SENATOR AKSHAR:   Mr. President, 

23    through you, if the sponsor would continue to 

24    yield.  

25                 THE PRESIDENT:   Does the sponsor 


                                                               2377

 1    yield?

 2                 SENATOR BAILEY:   I yield.

 3                 THE PRESIDENT:   The sponsor yields.

 4                 SENATOR AKSHAR:   I just want to 

 5    move to Subpart G, specific around data 

 6    collection.  Just give me an overview of what we 

 7    anticipate accomplishing through this Subpart G 

 8    of the bill.

 9                 SENATOR BAILEY:   Through you, 

10    Mr. President, we wanted to again clarify and 

11    making sure that we're collecting the proper -- 

12    that when we're collecting data -- and sometimes 

13    this news report says this percentage and this 

14    report says that percentage.  We wanted to make 

15    it clear about the nature of the offense, whether 

16    bail was granted, who the judge was, who the 

17    prosecutor was, and the amount and form of bail.  

18                 SENATOR AKSHAR:   Mr. President, 

19    through you, if the sponsor would continue to 

20    yield.

21                 THE PRESIDENT:   Does the sponsor 

22    yield?

23                 SENATOR BAILEY:   Yes.

24                 THE PRESIDENT:   The sponsor yields.

25                 SENATOR AKSHAR:   What will you be 


                                                               2378

 1    comparing that data to?  Because I think much of 

 2    the back-and-forth or the debate, the dialogue, 

 3    the disagreement, you know, some would argue that 

 4    bail reform has led to an increase in crime, some 

 5    would not.  I'm guessing that's what you're 

 6    trying to figure out, right, collect some data 

 7    and be able to say anecdotally that the data 

 8    points to X or the data points to Y.  

 9                 What will we be comparing the data 

10    to with respect to this particular issue?

11                 SENATOR BAILEY:   Through you, 

12    Mr. President, we're not necessarily looking to 

13    compare the data to anything.  

14                 I think that we wanted to make sure 

15    we collect the data.  We can't retroactively 

16    compare these specifically set data points to 

17    something prior, because these specifically set 

18    or soon to be specifically set data points do not 

19    currently exist.

20                 Going forward, as data comes in 

21    relating to these matters, we will be able to 

22    take an objective look at what the data yields 

23    and what that means for our justice system.

24                 SENATOR AKSHAR:   On the bill, 

25    Mr. President.  


                                                               2379

 1                 THE PRESIDENT:   Senator Akshar on 

 2    the bill.

 3                 SENATOR AKSHAR:   I thank the 

 4    sponsor for his responses to my questions.

 5                 I would start by saying with respect 

 6    to narcotics and the criminal sale of controlled 

 7    substances, you and I agree.  And I don't want 

 8    anyone in this room for one moment to think that 

 9    I am suggesting, by way of the conversation, that 

10    those that suffer from substance use disorder in 

11    fact should be incarcerated or find themselves 

12    locked up and not getting the help that they so 

13    desperately need.

14                 But I think that we have to make, as 

15    a legislature, those of us in the statehouse, we 

16    have to make a very clear delineation between 

17    those that are suffering and then those that in 

18    fact are peddling poison on our streets for 

19    profit.  And if we're not identifying the 

20    difference between the two of those, or handling 

21    those in a different way, I think we're failing 

22    the people of New York.

23                 Because after all, our number-one 

24    job as members of this Legislature is to protect 

25    people.  And frankly, public safety is paramount.


                                                               2380

 1                 My biggest disappointment on all of 

 2    this is that I think that there has just been 

 3    this global refusal to admit the public policy 

 4    failures that we all know as bail reform.

 5                 And in my heart I believe that many 

 6    of us here in government, we have good 

 7    intentions.  But at the end of the day, good 

 8    intentions without common sense, without 

 9    thoughtfulness, without input from those with 

10    significant knowledge and experience -- when we 

11    don't lean on those people, we arrive here, the 

12    third iteration of trying to get it right.  The 

13    third time we're coming back to this issue and 

14    trying to address it in a way that works for the 

15    people of this state.

16                 But oftentimes I think sometimes we 

17    bow and we acquiesce to political activists.  I 

18    heard that we listened, or the Majority listened 

19    to the stakeholders, they listened to the NYPD.  

20    You may have listened, but it's my position that 

21    you certainly didn't take their advice.

22                 I think what we're seeing tonight, 

23    really, is a feeble attempt to pull the wool over 

24    the eyes of New Yorkers.  But I am standing here 

25    this evening to say that New Yorkers are far too 


                                                               2381

 1    smart.  New Yorkers know exactly how negatively 

 2    bail reform has impacted their day-to-day life.  

 3                 And all of this is political 

 4    posturing.  It is political calculus.  Because 

 5    one of my colleagues said it earlier, that 

 6    clearly the polls show that the people of 

 7    New York want something done and they want this 

 8    changed.  But at the end of the day, 

 9    Mr. President, it is clear to me, after listening 

10    to the debate, listening to the discussion, that 

11    nothing, nothing has changed.  Maybe a few small 

12    things.  But certainly the changes that we're 

13    debating tonight are certainly not going to keep 

14    New Yorkers safer.

15                 Mr. President, I thank you.

16                 THE PRESIDENT:   Senator Borrello.

17                 SENATOR BORRELLO:   Thank you, 

18    Mr. President.

19                 Would the sponsor yield some 

20    questions on Part UU, Subpart F, dealing with 

21    mental health in courts?

22                 SENATOR BAILEY:   Absolutely.  

23                 THE PRESIDENT:   The sponsor yields.

24                 SENATOR BORRELLO:   All right.  

25    Thank you, Senator Bailey.  


                                                               2382

 1                 I'd like to draw your attention 

 2    to -- they're underlined, so I'm assuming these 

 3    are new changes regarding involuntary assessment 

 4    pending release.  If you go down a little bit 

 5    toward the bottom, it actually says, essentially, 

 6    that during a -- in order for someone to be held 

 7    for a psychiatric evaluation, that the principal 

 8    has to be conducting him or herself before the 

 9    court in such a manner which in a person who is 

10    not mentally ill would be deemed disorderly 

11    conduct.

12                 So the question is, if someone 

13    committed some kind of a violent act and they 

14    were arrested, they -- and it was deemed that it 

15    was due to a mental illness that this might have 

16    been the reason that they acted in this manner, 

17    would they have to then essentially act, you 

18    know, mentally ill in front of the court in order 

19    to be held?

20                 SENATOR BAILEY:   Through you, 

21    Mr. President.  It's not just at arraignment, but 

22    at any time prior to that that an individual who 

23    is deemed to be mentally ill can exhibit those 

24    symptoms.

25                 SENATOR BORRELLO:   Mr. President, 


                                                               2383

 1    will the sponsor continue to yield?

 2                 THE PRESIDENT:   Does the sponsor 

 3    yield?

 4                 SENATOR BAILEY:   Certainly.

 5                 THE PRESIDENT:   The sponsor yields.

 6                 SENATOR BORRELLO:   So I appreciate 

 7    that answer.  I'd actually like to move on to a 

 8    different subject now, if that's okay.

 9                 You said several times that tonight 

10    you're doing clarifications.  Now, I've read 

11    media reports after the release of this bill that 

12    said that there are going to be changes made to 

13    bail.  I got a call from a reporter:  Can you 

14    tell me about the changes that are being made to 

15    bail laws, cashless bail?  

16                 I just want to clarify.  You're 

17    saying that there are no changes being made, that 

18    these are just clarifications.  Is that correct?

19                 SENATOR BAILEY:   Through you, 

20    Mr. President, clarification is a change.

21                 SENATOR BORRELLO:   Mr. President, 

22    will the sponsor continue to yield?

23                 THE PRESIDENT:   Will the sponsor 

24    yield?

25                 SENATOR BAILEY:   The sponsor 


                                                               2384

 1    yields.

 2                 THE PRESIDENT:   The sponsor yields.  

 3                 SENATOR BORRELLO:   Well, no, 

 4    actually a clarification is the opposite of a 

 5    change.  You're just saying we're clarifying what 

 6    we've already told you.  That's actually the 

 7    opposite of changing something, is it not?  

 8                 So let me ask you again:  Are we 

 9    making changes to the bail law tonight?  

10                 SENATOR BAILEY:   Through you, 

11    Mr. President, the initial answer to my response 

12    stands.

13                 SENATOR BORRELLO:   All right.  

14    Mr. President, will the sponsor continue to 

15    yield.

16                 THE PRESIDENT:   Does the sponsor 

17    yield?

18                 SENATOR BAILEY:   The sponsor 

19    yields.  

20                 THE PRESIDENT:   The sponsor yields.

21                 SENATOR BORRELLO:   All right.  So 

22    to clarify another point, another thing that I've 

23    heard is that we've talked about judges having 

24    discretion and that somehow we're giving judges 

25    discretion.  


                                                               2385

 1                 After tonight when this budget 

 2    passes, will judges in New York State have 

 3    discretion to hold someone based on 

 4    dangerousness?  

 5                 SENATOR BAILEY:   Through you, 

 6    Mr. President, dangerousness has never been a 

 7    standard in the State of New York and will not be 

 8    a standard in the State of New York after the 

 9    passage of this legislation.

10                 SENATOR BORRELLO:   Mr. President, 

11    will the sponsor continue to yield.

12                 THE PRESIDENT:   Does the sponsor 

13    yield?

14                 SENATOR BAILEY:   The sponsor 

15    yields.

16                 THE PRESIDENT:   The sponsor yields.

17                 SENATOR BORRELLO:   I just want to 

18    make sure, because this is a very important 

19    point.  So after tonight, anyone in the media 

20    that's writing a story, judges will not have 

21    discretion to hold someone based on 

22    dangerousness.  We're clear on that.

23                 SENATOR BAILEY:   Through you, 

24    Mr. President, judges have never in the history 

25    of the judiciary in the State of New York had 


                                                               2386

 1    discretion to hold somebody in bail based upon 

 2    dangerousness.  Never.

 3                 SENATOR BORRELLO:   Mr. President, 

 4    on the bill.

 5                 THE PRESIDENT:   Senator Borrello on 

 6    the bill.

 7                 SENATOR BORRELLO:   Thank you, 

 8    Senator Bailey.  

 9                 Senator Bailey's absolutely right.  

10    Judges have never been able to hold anyone based 

11    on dangerousness in New York State.  New York 

12    actually is the only state that has tried to 

13    address changes to cashless bail and actually has 

14    not considered dangerousness.  

15                 So that's what makes New York 

16    unique.  Because unfortunately the goal here 

17    wasn't to craft a responsible law, the goal here 

18    was to prove New York was the most progressive.  

19    And that's why we are where we are today.

20                 And we can sit here and tell people 

21    that there's no correlation between the spike in 

22    crime and the changes to the bail laws.  Don't 

23    believe your lying eyes, New Yorkers; nothing to 

24    see here.  That's what we're telling them.  

25                 But New Yorkers know better.  And in 


                                                               2387

 1    fact, 82 percent of New Yorkers in that Siena 

 2    poll that Leader Ortt referenced believe that 

 3    judges should indeed have discretion to hold 

 4    someone based on dangerousness.  

 5                 So we can continue to tell people 

 6    everything's fine, nothing to see here, or we can 

 7    actually make fundamental changes -- not just 

 8    clarifications -- to this failed bail reform law.

 9                 Thank you, Mr. President.

10                 THE PRESIDENT:   Senator Serino.

11                 SENATOR SERINO:   Thank you, 

12    Mr. President.  Would the sponsor yield for some 

13    questions?

14                 SENATOR BAILEY:   Absolutely.  

15                 THE PRESIDENT:   Would the 

16    sponsor -- the sponsor yields.

17                 SENATOR SERINO:   Thank you, 

18    Senator Bailey.  

19                 In 2019 when this legislation was 

20    first passed, I held a press conference with law 

21    enforcement and DAs but also with domestic 

22    violence victims' advocates who expressed 

23    tremendous concerns about the safety of those 

24    they serve.  

25                 First of all, it should never have 


                                                               2388

 1    taken all these years for their concerns to be 

 2    heard, but I'm glad to see that a piece of this 

 3    change includes a provision that would allow any 

 4    violation of an order of protection issued by any 

 5    court to be considered when making a custody 

 6    determination.  

 7                 But I'm totally disturbed that a 

 8    number of charges that directly impact victims of 

 9    domestic violence are still not bail-eligible.  

10    And that would be assault in the third degree, 

11    most stalking offenses, unlawful imprisonment in 

12    the second degree -- which for those who don't 

13    know, that's holding a person against their will, 

14    as so often happens in domestic violence cases -- 

15    and most egregiously, aggravated family offense.

16                 So just wondering, like, what is the 

17    disconnect here?  Why are there charges 

18    continually left off the bail-eligible list?

19                 SENATOR BAILEY:   Through you, 

20    Mr. President, when we initially, three months 

21    into the conversation -- you know, three months 

22    into the enacted legislation, we added some 

23    offenses to the bail eligibility list based upon 

24    direct conversations with domestic violence 

25    survivors organizations and those organizations 


                                                               2389

 1    who support victims of domestic violence.  

 2    Something that we've been very steadfast in being 

 3    able and being willing to listen to groups and 

 4    their concerns.

 5                 The modifications, clarifications 

 6    set before us today are related to offenses, as 

 7    I've stated before, related to issues related to 

 8    the scourge of gun violence in our community -- 

 9    all of our communities -- repeat offenders, and 

10    issues related to the clarifying language on 

11    discovery.

12                 SENATOR SERINO:   Through you, 

13    Mr. President --

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR SERINO:   -- sponsor 

17    continue to yield?  

18                 SENATOR BAILEY:   Certainly.

19                 THE PRESIDENT:   The sponsor yields.

20                 SENATOR SERINO:   So -- and I love 

21    that you had the conversations with the domestic 

22    victim advocates and domestic victims, did you 

23    say too, Senator Bailey?  

24                 SENATOR BAILEY:   Through you, 

25    Mr. President, yes.


                                                               2390

 1                 SENATOR SERINO:   So -- but I'm 

 2    wondering, I know those conversations happened a 

 3    while back.  But they didn't happen now when you 

 4    guys were just crafting this?

 5                 SENATOR BAILEY:   Through you, 

 6    Mr. President, we always have continuous 

 7    conversations with such critically important 

 8    advocacy groups.  

 9                 But again, the clarifications before 

10    us today were focused upon the -- what we 

11    indicated before, related to gun violence and 

12    repeat offenders.  Specifically as related to the 

13    bail eligibility.

14                 SENATOR SERINO:   Through you, 

15    Mr. President, if the sponsor would --

16                 THE PRESIDENT:   Does the sponsor 

17    yield?

18                 SENATOR BAILEY:   Absolutely.

19                 THE PRESIDENT:   The sponsor yields.  

20                 SENATOR SERINO:   So -- and 

21    Senator Bailey, I appreciate what you just said.  

22    But when you think about the crimes that I just 

23    said, like the stalking offenses -- and this is 

24    just talking about what these items are -- 

25    unlawful imprisonment in the second degree.  As 


                                                               2391

 1    we know, that so often happens with domestic 

 2    violence victims, and it's holding them against 

 3    their will.  These were not included.

 4                 So they are not -- domestic violence 

 5    victims are not protected.  And having 

 6    conversations with a lot of domestic violence 

 7    victims, these are very concerning to me.  And I 

 8    just -- I don't understand why they would not 

 9    have been included.  

10                 And so those are all the questions I 

11    have for you, Senator Bailey.  

12                 And I have other questions if I 

13    could ask those at this time, because I think 

14    we're done with bail.  Is that okay?

15                 THE PRESIDENT:   Sure.

16                 SENATOR SERINO:   Thank you, 

17    Senator Bailey.

18                 THE PRESIDENT:   What section?

19                 SENATOR SERINO:   Through you, 

20    Mr. President, this is for SSI for assisted 

21    living facilities.

22                 THE PRESIDENT:   Senator Gianaris.  

23                 SENATOR GIANARIS:   Mr. President, I 

24    understand -- because we have to get 

25    Senator Krueger back out for that portion.  But I 


                                                               2392

 1    do understand there are other members who have 

 2    debate on this portion.  So if it's okay, we can 

 3    return to that?  

 4                 Great.  Thank you.

 5                 THE PRESIDENT:   Senator O'Mara.

 6                 SENATOR O'MARA:   Thank you, 

 7    Mr. President.  Would Senator Bailey yield for a 

 8    few questions?

 9                 SENATOR BAILEY:   Certainly.

10                 THE PRESIDENT:   The sponsor yields.

11                 SENATOR O'MARA:   Senator Bailey, on 

12    this reform to the reform bail, Part UU that 

13    we're talking about here, is it accurate that 

14    still the crimes of menacing in the first, second 

15    or third degrees are not bail-eligible on a first 

16    arrest?

17                 SENATOR BAILEY:   Through you, 

18    Mr. President, Senator O'Mara is correct.

19                 SENATOR O'MARA:   Is it -- through 

20    you, Mr. President, if the sponsor will continue 

21    to yield.

22                 THE PRESIDENT:   Does the sponsor 

23    yield?

24                 SENATOR BAILEY:   Certainly.

25                 THE PRESIDENT:   The sponsor yields.


                                                               2393

 1                 SENATOR O'MARA:   Is it accurate, 

 2    Senator Bailey, that the crimes of stalking in 

 3    the second, third or fourth degrees are not 

 4    bail-eligible on a first offense?

 5                 SENATOR BAILEY:   Through you, 

 6    Mr. President, Senator O'Mara is correct.

 7                 SENATOR O'MARA:   Through you, 

 8    Mr. President, will the sponsor continue to 

 9    yield.

10                 THE PRESIDENT:   Does the sponsor 

11    yield?

12                 SENATOR BAILEY:   Yes.

13                 THE PRESIDENT:   The sponsor yields.

14                 SENATOR O'MARA:   Is it accurate, 

15    Senator Bailey, that the crime of failure to 

16    register as a sex offender is not bail-eligible?  

17                 SENATOR BAILEY:   Through you, 

18    Mr. President, that would depend on the level of 

19    registry, the sex offender registry level that 

20    the individual was at.  

21                 SENATOR O'MARA:   Through you, 

22    Mr. President, will the sponsor continue to 

23    yield.

24                 THE PRESIDENT:   Does the sponsor 

25    yield?


                                                               2394

 1                 SENATOR BAILEY:   Absolutely.  

 2                 THE PRESIDENT:   The sponsor yields.

 3                 SENATOR O'MARA:   Just to clarify, 

 4    then, Senator Bailey, the failure to register as 

 5    a sex offender, level one or level two, is not 

 6    bail-eligible, correct?

 7                 SENATOR BAILEY:   Through you, 

 8    Mr. President, Senator O'Mara is correct.

 9                 SENATOR O'MARA:   Through you, 

10    Mr. President, if the sponsor will continue to 

11    yield.

12                 THE PRESIDENT:   Does the sponsor 

13    yield?

14                 SENATOR BAILEY:   Yes.

15                 THE PRESIDENT:   The sponsor yields.

16                 SENATOR O'MARA:   Is it accurate, 

17    Senator Bailey, that the crime of facilitating 

18    female genital mutilation is not bail-eligible as 

19    a first offense?

20                 SENATOR BAILEY:   Through you, 

21    Mr. President, I appreciate Senator O'Mara's 

22    efforts to go through a number of abhorrent 

23    crimes in the penal code that we all agree are 

24    abhorrent.  

25                 To answer the question, you know, 


                                                               2395

 1    that is not bail-eligible.  But to a larger 

 2    point, as I've stated previously to my good 

 3    colleagues, the statute before us today relates 

 4    to clarifying language as it relates to repeat 

 5    offenders and issues related to gun crimes.  

 6                 We could continue to go down every 

 7    single crime in the Penal Law.  Which would be 

 8    fine, because it would continue to go by their 

 9    debate limit.  And so I'm willing to listen to 

10    every single crime in the Penal Law if that's 

11    what makes them happy.  

12                 But so that we can have further 

13    discussion and dialogue about the substance of 

14    this, I would answer again this is -- that 

15    abhorrent offense that you mentioned is not 

16    bail-eligible.

17                 SENATOR O'MARA:   Through you, 

18    Mr. President, if the sponsor will continue to 

19    yield.

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR BAILEY:   Yes.

23                 THE PRESIDENT:   The sponsor yields.

24                 SENATOR O'MARA:   So it's accurate, 

25    then, that the crime of facilitating female 


                                                               2396

 1    genital mutilation is not bail-eligible, yes or 

 2    no?  

 3                 SENATOR BAILEY:   Through you, 

 4    Mr. President, asked and answered.

 5                 SENATOR O'MARA:   I've got a whole 

 6    list of crimes here that are not -- through you, 

 7    Mr. President.

 8                 THE PRESIDENT:   On the bill or are 

 9    you asking questions?  

10                 SENATOR O'MARA:   No, on the bill 

11    for a moment.  Then I'll have another question 

12    for you.

13                 THE PRESIDENT:   Senator O'Mara on 

14    the bill.

15                 SENATOR O'MARA:   I've got page 

16    after page of crimes that are not bail-eligible 

17    still under this reform that is being sold to the 

18    public as providing more public security, making 

19    people feel safer in their everyday lives.

20                 Pages and pages of these.  I'm not 

21    going to go through them all.  But there are a 

22    couple that I haven't gotten to yet.  Aggravated 

23    cruelty to animals is not bail-eligible.

24                 SENATOR BAILEY:   Are you asking me 

25    or --


                                                               2397

 1                 SENATOR O'MARA:   No.  No, I'm -- 

 2                 THE PRESIDENT:   No, he's on the 

 3    bill.

 4                 SENATOR O'MARA:   On the bill.

 5                 And I think we're all well aware of 

 6    what a precursor to larger crimes aggravated 

 7    cruelty to animals can be throughout history, and 

 8    several serial killers having started their 

 9    criminal careers as such.

10                 The crime of unlawful imprisonment 

11    in the second degree is not bail-eligible.  The 

12    crime of burglary in the third degree is not 

13    bail-eligible.  The crime of robbery in the 

14    second degree, where two or more people rob you, 

15    steal -- forcibly take property from you, is not 

16    bail-eligible on a first arrest.  The crime of 

17    robbery in the third degree is not bail-eligible 

18    on a first offense still.

19                 The crimes of arson in the third, 

20    fourth and fifth degrees are not bail-eligible on 

21    the first offense.  And just to give you an idea 

22    of what that covers in the arson statutes:  

23    Intentionally starting a building on fire or 

24    causing an explosion to a building, a Class C 

25    felony -- no bail for that.  


                                                               2398

 1                 To go back to stalking for a moment, 

 2    the crime of stalking in the second degree is 

 3    when someone commits stalking in the third degree 

 4    and displays or possesses and threatens the use 

 5    of a firearm, a pistol, a revolver or a rifle, a 

 6    shotgun, a machine gun, an electric dart gun, an 

 7    electronic stun gun, a cane sword, a billy, a 

 8    blackjack, a bludgeon, plastic knuckles, metal 

 9    knuckles, chuka stick, sand bag, sandclub, 

10    slingshot or slungshot, shuriken -- whatever that 

11    is -- "Kung Fu Star," dagger, dangerous knife, 

12    dirk, razor, stiletto, imitation pistol -- not 

13    bail-eligible.

14                 Third degree -- having trouble 

15    finding it here.  To back up on the arson in the 

16    second degree that I described, threatening the 

17    use of all those weapons and stalking somebody -- 

18    but to get there, you have to have committed a 

19    prior stalking within the preceding 10 years.  

20    Yet that is still not bail-eligible under this 

21    so-called reform to make the public feel safe.

22                 This Part UU of this bill is a 

23    farce.  It's a cover-up.  It's doing nothing to 

24    protect New Yorkers from vicious criminals to 

25    keep them off the streets.  But they can go 


                                                               2399

 1    out -- they have to commit it a second time for 

 2    the judge to even consider putting bail on it.  

 3    That's not what the public is expecting these 

 4    reforms to be.  So to sell it as anything else is 

 5    just plain fraud.

 6                 Thank you, Mr. President.

 7                 THE PRESIDENT:   Senator Stec.

 8                 SENATOR STEC:   Thank you, 

 9    Mr. President.  I'm not sure if it would be 

10    Senator Bailey.  I'd like to ask some questions 

11    about Part F, tuition assistance for incarcerated 

12    individuals.

13                 THE PRESIDENT:   Senator Gianaris.  

14                 SENATOR GIANARIS:   Mr. President, I 

15    think Senator Krueger will be addressing those 

16    issues.

17                 SENATOR STEC:   Okay, wonderful.

18                 THE PRESIDENT:   Will the sponsor 

19    yield?  Does the sponsor yield?

20                 SENATOR KRUEGER:   Yes, I do.

21                 SENATOR STEC:   All right, thank 

22    you, Senator Krueger.  Good evening.  

23                 If I could, I'd like to start -- 

24    through you, Mr. President -- with a broad 

25    question about Part F, Tuition Assistance 


                                                               2400

 1    Program, changing the Education Law to allow 

 2    incarcerated individuals -- or, to most of my 

 3    constituents back home, inmates, prison 

 4    inmates -- to receive tuition assistance.

 5                 What is the purpose in New York 

 6    State of incarcerating people?

 7                 SENATOR KRUEGER:   The purpose of 

 8    incarceration?

 9                 SENATOR STEC:   Sure.

10                 SENATOR KRUEGER:   I believe it is 

11    both for rehabilitation and in some circumstances 

12    to keep people separated from the general public.  

13                 SENATOR STEC:   So through you, if 

14    the sponsor would continue to yield.

15                 THE PRESIDENT:   Does the sponsor 

16    yield?

17                 SENATOR KRUEGER:   Yes, I do.

18                 THE PRESIDENT:   The sponsor yields.

19                 SENATOR STEC:   So reform, and 

20    provide public safety.  

21                 Would you add to that punishment or 

22    deterrence from criminal activity?  

23                 SENATOR KRUEGER:   I certainly don't 

24    think I would use the term "punishment."  That's 

25    more of a moral action.  


                                                               2401

 1                 Again, if it's deterrence in the 

 2    sense that it is keeping people separated from 

 3    the general public for some period of time.  So 

 4    you could say deterrence, I suppose.

 5                 SENATOR STEC:   Through you, 

 6    Mr. President, if the sponsor would continue to 

 7    yield.  

 8                 THE PRESIDENT:   Does the sponsor 

 9    yield?

10                 SENATOR KRUEGER:   Yes.

11                 THE PRESIDENT:   The sponsor yields.

12                 SENATOR STEC:   Thank you.  

13                 Would you or, more importantly, do 

14    you think our constituents would consider 

15    providing taxpayer-funded college education as a 

16    purpose of incarceration or just a happy 

17    byproduct?

18                 SENATOR KRUEGER:   I think most 

19    citizens would be happy to see fewer people 

20    committing crimes, fewer people recommitting 

21    crimes.  And the research shows that when you 

22    leave prison, if you have opportunities to move 

23    into the economy and get and keep work, you are 

24    far less likely to ever recidivise and return to 

25    prison.  


                                                               2402

 1                 So I would actually think most 

 2    people would think:  Hmm, they're in jail, we're 

 3    paying for them to be there.  For them to improve 

 4    their skills and their opportunities once they 

 5    get out of the prison is probably a good thing 

 6    for society overall.

 7                 SENATOR STEC:   Mr. President, 

 8    through you, if the sponsor would continue to 

 9    yield.  

10                 THE PRESIDENT:   Does the sponsor 

11    yield?

12                 SENATOR KRUEGER:   Yes, I do.

13                 THE PRESIDENT:   The sponsor yields.  

14                 SENATOR STEC:   Thank you.  

15                 Are you aware, Senator, of the cost 

16    per year per inmate in the New York State system 

17    and in the New York City system?  Do you know 

18    what those two numbers are, approximately?

19                 SENATOR KRUEGER:   I might need to 

20    ask someone from our correction side to join me.

21                 (Pause.)

22                 SENATOR STEC:   I know.  I can tell 

23    them.  I'll answer my own question.  Sure, I'll 

24    move us along.  

25                 SENATOR KRUEGER:   I'm sorry, 


                                                               2403

 1    Mr. President.  While I'm looking for the answer, 

 2    apparently my questioner has the answer.

 3                 SENATOR STEC:   Mr. President, 

 4    through you.  I'll revise my question.  

 5                 In New York City, according to the 

 6    Comptroller, the cost to incarcerate an 

 7    individual a year is $556,539 a year per inmate.  

 8                 And the New York State Department of 

 9    Corrections average, according to a Columbia 

10    University study from March of last year:  

11    $79,879 a year.  So that the 79,879 number, I'll 

12    round it up to $80,000.  Do you know what the 

13    current household income threshold is to be 

14    eligible in New York State for the Tuition 

15    Assistance Program?

16                 SENATOR KRUEGER:   The current 

17    maximum is $80,000. 

18                 SENATOR STEC:   That's right.  

19                 If you'd -- the sponsor would 

20    continue to yield.

21                 THE PRESIDENT:   Does the sponsor 

22    yield?

23                 SENATOR KRUEGER:   Yes.

24                 THE PRESIDENT:   The sponsor yields.

25                 SENATOR STEC:   So the threshold for 


                                                               2404

 1    being eligible to receive TAP in New York State 

 2    is $80,000 -- coincidentally, the same amount 

 3    that it costs to incarcerate an individual.  

 4                 More than half of my constituents 

 5    make less than household incomes of $80,000.  Do 

 6    you know when the last time was that the TAP 

 7    threshold was increased by the Legislature?  It's 

 8    $80,000 right now.

 9                 SENATOR KRUEGER:   Quite a few 

10    years.  

11                 Do you know?

12                 SENATOR STEC:   I do know --

13                 SENATOR KRUEGER:   Oh, I'm sorry.  

14    Mr. President, through you, if I might ask him to 

15    answer the question.

16                 THE PRESIDENT:   Does the questioner 

17    yield?

18                 SENATOR STEC:   I'd be delighted to 

19    debate myself, Mr. President.  

20                 (Laughter.)

21                 SENATOR KRUEGER:   You're doing a 

22    very good job.

23                 SENATOR STEC:   I'm not an attorney, 

24    I've never been to law school, but I do know you 

25    never ask a question you don't know the answer 


                                                               2405

 1    to.  

 2                 Mr. President, the year 2000 -- 

 3    22 years ago -- was the last time that that 

 4    threshold was adjusted.  Now, in today's dollars 

 5    that's almost $132,000 a year -- again, for a 

 6    threshold for a family.

 7                 Do you know the cost estimate --

 8                 THE PRESIDENT:   Sorry.  Does the 

 9    sponsor -- do you yield for another question?

10                 SENATOR KRUEGER:   Of course I do.

11                 THE PRESIDENT:   The sponsor yields.

12                 SENATOR STEC:   Thank you.  My 

13    apologies.

14                 THE PRESIDENT:   I got you, don't 

15    worry.

16                 SENATOR STEC:   Thank you.  

17    Appreciate that.  

18                 Do you know the cost estimate for 

19    Part F to the taxpayer, according to the 

20    Department of Budget?  Do you know how much this 

21    is going to cost taxpayers to extend tuition 

22    assistance to incarcerated individuals?

23                 SENATOR KRUEGER:   I believe it's 

24    capped at $5 million.  

25                 SENATOR STEC:   This -- through you, 


                                                               2406

 1    Mr. President, if the sponsor would continue to 

 2    yield.

 3                 THE PRESIDENT:   Does the sponsor 

 4    yield?

 5                 SENATOR KRUEGER:   Yes.

 6                 THE PRESIDENT:   The sponsor yields.

 7                 SENATOR STEC:   Thank you.  

 8                 Does this budget tonight, or maybe 

 9    in a future bill, does it include any increase to 

10    the TAP threshold?  Or are we still at 80,000, 

11    the same as we were in 2000?

12                 SENATOR KRUEGER:   It's a great 

13    question.  Thank you, Mr. President.  

14                 We did try.  We raised it to 

15    $110,000 in our one-house.  And through 

16    negotiations, it -- we were not successful.

17                 Of course we also have the 

18    additional program that was started a few years 

19    ago to help with tuition assistance at the CUNY 

20    and SUNY systems called the Excelsior Scholarship 

21    Program that also helps to decrease costs.  

22                 But no, so far we have not been able 

23    to increase the TAP funding program.

24                 Although I would like to add, since 

25    I think it's relevant, for many years my husband, 


                                                               2407

 1    a college professor, pointed out instead of 

 2    sending people to prison we should send them to 

 3    college.  It's approximately the same price for a 

 4    four-year degree as one year in prison.  Some 

 5    will drop out, but a whole lot will get a college 

 6    education and probably never need to go to 

 7    prison.

 8                 SENATOR STEC:   Through you, 

 9    Mr. President, if the sponsor will continue to 

10    yield.

11                 THE PRESIDENT:   Does the sponsor 

12    yield?

13                 SENATOR KRUEGER:   Of course.

14                 THE PRESIDENT:   The sponsor yields.

15                 SENATOR STEC:   One final question.  

16                 But as an aside, I'm pretty sure my 

17    constituents wouldn't follow that logic train.  

18    But I understand your point.

19                 If there is no threshold income 

20    increase but an expansion of eligibility to 

21    inmates, is it fair to say that you are 

22    prioritizing criminals over law-abiding 

23    New Yorkers who are already enrolled in our 

24    universities?

25                 SENATOR KRUEGER:   Absolutely not.  


                                                               2408

 1    We are not taking away any TAP from anyone, 

 2    because we are adding $5 million to the budget to 

 3    help ensure that some number of people who are 

 4    currently in our prison system can improve their 

 5    educational skills while in prison -- again, 

 6    based on research and data making it far less 

 7    likely they will ever return to our prison 

 8    system, saving the State of New York endless 

 9    amounts of money.

10                 SENATOR STEC:   On the bill, 

11    Mr. President.

12                 THE PRESIDENT:   Senator Stec on the 

13    bill.

14                 SENATOR STEC:   Thank you.  Thank 

15    you, Senator Krueger, for your time.  

16                 The advocacy groups that come to me 

17    asking for things in higher education, the one 

18    consistent thing that comes from all of them has 

19    been a desire to see Tuition Assistance Program 

20    income thresholds increased.  They have not been 

21    increased in 22 years.  The kids that are 

22    graduating from college today, the last time that 

23    threshold was increased was the year they were 

24    born.  

25                 And yet, coincidentally, as I 


                                                               2409

 1    pointed out in answering my own questions, that 

 2    the income threshold of $80,000 happens to be 

 3    almost the same number as the cost to incarcerate 

 4    an individual.  This is a funny happenstance, but 

 5    it's another example of how the actions of these 

 6    legislative majorities and our past executives, 

 7    over the years, have -- and most recently, in 

 8    recent years since 2019 -- have prioritized the 

 9    needs of criminals and those that are 

10    incarcerated, those that have taken from society.  

11                 And we have made it harder in recent 

12    years, harder to earn your way into prison than 

13    ever before.  If you're in prison today, you've 

14    had to do something awful in New York State to 

15    get there.  Because we've legalized and 

16    decriminalized so much else.  

17                 While you're in prison today, we've 

18    taken away all kinds of deterrents and behavior 

19    controls that keep not only our staff and 

20    corrections officers safe, but the very inmates 

21    that a bill like this is looking to serve and 

22    help.  We're hurting their safety by not allowing 

23    certain control measures that used to be in place 

24    in prisons.  

25                 We are now making the argument that 


                                                               2410

 1    somehow we are better off spending taxpayers' 

 2    money on giving them a college education.  These 

 3    are people that have taken from society.  My 

 4    constituents won't go for this.  I reckon the 

 5    vast majority of our constituents won't go for 

 6    it.  I'm fine going to the voters on Election Day 

 7    on that issue and that position.  

 8                 But I just -- I want to highlight 

 9    that the $80,000 that it costs to incarcerate 

10    somebody that's preyed on society happens to be 

11    the threshold that if you make $80,001 as a 

12    family, your kid doesn't qualify for TAP.  But 

13    you're going to pay for somebody that's 

14    incarcerated's college education.  You ought to 

15    call it "Crime pays."  

16                 I'll be opposed to this bill for 

17    Part F alone, but there's more.  

18                 Thank you, Mr. President.

19                 THE PRESIDENT:   Senator Serino, 

20    Senator Krueger is back.

21                 SENATOR SERINO:   Thank you, 

22    Mr. President.  Will the sponsor --

23                 THE PRESIDENT:   Does the sponsor 

24    yield?

25                 SENATOR KRUEGER:   I will happily 


                                                               2411

 1    yield.

 2                 THE PRESIDENT:   The sponsor yields.  

 3                 SENATOR SERINO:   Thank you, 

 4    Senator Krueger.

 5                 So my first question is on SSI.  

 6    And, you know, facilities that are caring for our 

 7    low-income individuals that are paid through SSI 

 8    have only had one rate increase in more than 20 

 9    years, which has resulted in closures of these 

10    facilities across the state, as I had mentioned 

11    earlier.  

12                 In the past the Senate has 

13    championed legislation to phase in an increase to 

14    the SSI rate, which would help support some of 

15    our most vulnerable neighbors.  So do you know, 

16    does the final budget contain any funding to 

17    increase this rate?

18                 SENATOR KRUEGER:   I'm sorry, 

19    Senator Serino, is there a specific part of the 

20    bill that you're referencing where you're seeing 

21    something about this?

22                 SENATOR SERINO:   Ooh, do you know 

23    what?  I don't remember which part it was for the 

24    assisted living facilities.

25                 SENATOR KRUEGER:   So not in this 


                                                               2412

 1    bill.

 2                 SENATOR SERINO:   Maybe it's the 

 3    final budget bill, I'm sorry.  Overall.  

 4                 SENATOR KRUEGER:   I'd hate to give 

 5    you a wrong answer, Senator Serino, but I'm not 

 6    necessarily getting an answer that -- to give 

 7    you.  

 8                 I think that there is not an 

 9    increase for the personal needs allowance in SSI 

10    for assisted living.  And I think you are correct 

11    that it has been many decades and that it raises 

12    a real concern for the assisted living 

13    facilities, specifically for people with SSI.  

14    And that there are real costs involved with that.

15                 I also, though, know that there's 

16    quite a bit of money that the Governor has 

17    intended to be used to expand the housing options 

18    and services available to people who are living 

19    in residential facilities or need residential 

20    facilities.  So I don't know tonight whether 

21    there's some interpretation that could be used 

22    that would allow us to provide assistance to 

23    facilities that are financially in trouble and 

24    are taking care of, through assisted living, SSI 

25    vulnerable people.  


                                                               2413

 1                 So I'd be very interested in 

 2    following up with you, after maybe 2 o'clock this 

 3    morning -- that's an estimate for the end of this 

 4    budget -- to see whether there's any new 

 5    categories that we might be able to use 

 6    creatively to assist.  Because I certainly agree 

 7    with you:  This has been a problem for many years 

 8    that only gets worse.

 9                 SENATOR SERINO:   Through you, 

10    Mr. President, if the sponsor --

11                 THE PRESIDENT:   Does the sponsor 

12    yield?

13                 SENATOR KRUEGER:   Of course.

14                 THE PRESIDENT:   The sponsor yields.

15                 SENATOR SERINO:   Thank you, 

16    Senator Krueger.  You know, I've been talking 

17    about this for years.  And, you know, we've had 

18    financial challenges before, but with the budget 

19    being, you know, rather flush this year, I 

20    thought it was a perfect opportunity.  

21                 I know earlier when we talked about 

22    assisted living and the 1.5 billion I think that 

23    Senator Rivera had mentioned was for capital 

24    costs.  So this could be available for other 

25    expenses that our seniors would use.


                                                               2414

 1                 My other question is about home care 

 2    workers.  So -- because of course -- oh.

 3                 SENATOR KRUEGER:   One moment.

 4                 SENATOR SERINO:   Okay.

 5                 SENATOR KRUEGER:   We like to give 

 6    staff a workout, so they need to keep coming and 

 7    going.

 8                 You know what?  You get a better 

 9    Senator.  Senator May would love to answer your 

10    questions about home care.

11                 SENATOR SERINO:   Thank you.  

12                 THE PRESIDENT:   Does the sponsor 

13    yield? 

14                 SENATOR MAY:   I do.

15                 THE PRESIDENT:   The sponsor yields.

16                 SENATOR SERINO:   Thank you, 

17    Senator May.  

18                 You know, I was very disappointed to 

19    see the watered-down language involving the pay 

20    for the home care workers.  The measure that has 

21    bipartisan support in this chamber would raise 

22    wages to 150 percent of the minimum wage.  So is 

23    it correct that this measure only raises wages $3 

24    per hour -- which is less than half of what's 

25    proposed under the Fair Pay for Home Care -- and 


                                                               2415

 1    that that minimal raise isn't even immediate but 

 2    actually I think it's spread out over two years?  

 3                 SENATOR MAY:   That's correct.

 4                 SENATOR SERINO:   That's -- you 

 5    know, through you, Mr. President -- 

 6                 THE PRESIDENT:   Does the sponsor 

 7    yield?

 8                 SENATOR MAY:   I do.

 9                 THE PRESIDENT:   The sponsor yields.

10                 SENATOR SERINO:   You know, the 

11    pandemic has exposed a massive home care worker 

12    shortage, and it's only going to get worse.  We 

13    really need to do everything that we can to be 

14    able to have our seniors, who built our 

15    communities to what they are, actually be able to 

16    age in place.

17                 Attracting qualified New Yorkers in 

18    this field needed to be a top priority in this 

19    budget, and we really failed them.  So do you 

20    think a $2 per hour raise next year is enough to 

21    attract and maintain workers in the home care 

22    field?

23                 SENATOR MAY:   Through you, 

24    Mr. President.  No one has fought harder than I 

25    have for the full 150 percent increase in the 


                                                               2416

 1    minimum wage for home care workers.  But there 

 2    are realities in a budget, and there needed to be 

 3    three-way agreement on this, and this was the 

 4    amount we were able to secure.

 5                 So I hope that we will continue 

 6    working to get it up to the 150 amount.  We at 

 7    least got -- and the Majority Leader worked very 

 8    hard to make sure that it was front-loaded so 

 9    that the raise in the first year moves the 

10    minimum wage upstate above the minimum wage for 

11    fast food workers.  That was an absolutely key 

12    piece of this legislation for me.  And I am proud 

13    that we actually managed to do that within the 

14    constraints that we had.  That, at the very 

15    least, is happening.

16                 SENATOR SERINO:   Through you, 

17    Mr. President, will the sponsor continue to 

18    yield.  Thank you.  

19                 THE PRESIDENT:   Does the sponsor 

20    yield? 

21                 SENATOR MAY:   Yes, I will.

22                 THE PRESIDENT:   The sponsor yields.

23                 SENATOR SERINO:   You know, there 

24    was so much money in this budget.  And once 

25    again -- and I know we can all relate, right -- 


                                                               2417

 1    our seniors are always left behind.  And we need 

 2    to have the money for the home care workers.  We 

 3    have to be taking care of them.  

 4                 The other part of that question, 

 5    too, is the -- because this applies to our 

 6    seniors and to our loved ones.  Is the Family 

 7    Caregiver Tax Credit anywhere in this final state 

 8    budget?  I believe in the one-house there was 

 9    35 million allotted for this credit that would -- 

10    as we know, it would make a world of difference 

11    for the countless family caregivers in New York 

12    who provide billions of dollars in unpaid care 

13    each and every single year.  

14                 SENATOR MAY:   It is also something 

15    that is not in the budget.  Also something I have 

16    fought very hard for year after year, and will 

17    continue to fight for.

18                 SENATOR SERINO:   Through you, 

19    Mr. President -- 

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR MAY:   I do.  But I would 

23    appreciate some assistance here.

24                 SENATOR SERINO:   Well, you know 

25    what?  Actually, on the bill.


                                                               2418

 1                 THE PRESIDENT:   Senator Serino on 

 2    the bill.

 3                 SENATOR SERINO:   Yeah.  Thank you, 

 4    Senator May.  

 5                 You know, as I said, and I talk 

 6    about it all the time, our seniors are always 

 7    left behind.  Once again, you know, we have a 

 8    perfect opportunity.  We have our family 

 9    caregivers -- that care credit was so important.  

10    That's left out of this bill.  

11                 You know, there are some good 

12    things, I admit, in the budget bill that I've 

13    advocated fiercely for, like school aid, of 

14    course, and long-awaited bonuses for healthcare 

15    workers.  

16                 And I'm especially proud to see a 

17    long-awaited measure in here that would finally 

18    elevate our current Division of Veterans' Affairs 

19    to a full-fledged administrative state agency, a 

20    move that will hopefully streamline and improve 

21    access to veterans' services and programs.  You 

22    know, this is something that veterans and many 

23    of -- all of our communities have pushed for and 

24    that I am so proud to have cosponsored.  

25                 But unfortunately, despite these 


                                                               2419

 1    good measures, this bill falls short.  It fails 

 2    to include funding for critical programs that 

 3    serve our most vulnerable despite, as I've 

 4    mentioned, a massive budget surplus.

 5                 And most importantly, it fails to 

 6    take the public safety concerns of so many 

 7    New Yorkers seriously.  These changes to our 

 8    broken bail laws once again were negotiated 

 9    behind closed doors, pushed through for a vote 

10    late at night, as we can see, and leave many 

11    serious concerns totally unaddressed.  And most 

12    importantly, it still leaves too many victims 

13    vulnerable.

14                 You know, I thank Senator Bailey for 

15    answering some of my questions before.  But what 

16    I heard in the answers was that domestic violence 

17    didn't influence change in the second changes nor 

18    did it influence change in the third changes.  So 

19    not only do the domestic violence victims run the 

20    risk of being held captive by their partner, but 

21    by these laws as well.  

22                 So therefore victims of domestic 

23    violence still have no voice, nor have they been 

24    able to influence changes in this terrible bill.  

25    That is so shameful.  


                                                               2420

 1                 So once again this chamber is 

 2    sending the message to criminals that New York is 

 3    not willing to hold them accountable.  We had the 

 4    opportunity this year to do things differently, 

 5    but unfortunately New Yorkers are getting more of 

 6    the same.  It's not right.  We can do better.  

 7    And we absolutely must.  

 8                 I vote no, Mr. President.  Thank 

 9    you.

10                 THE PRESIDENT:   Senator Martucci.

11                 SENATOR MARTUCCI:   Thank you, 

12    Mr. President.  Will the sponsor yield?  

13                 THE PRESIDENT:   What section are 

14    you --  

15                 SENATOR MARTUCCI:   I'm going to be 

16    talking about the first section -- we've changed 

17    the playbook here a little bit.  I guess I'm 

18    going to go to Section II.  These are questions 

19    about the proposed 485-w program.

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR KRUEGER:   Certainly.

23                 THE PRESIDENT:   The sponsor yields.

24                 SENATOR MARTUCCI:   Thank you, 

25    Senator Krueger.


                                                               2421

 1                 Just a question.  So certainly from 

 2    my perspective and the perspective of some of my 

 3    colleagues, the 421-a program, which is slated to 

 4    expire -- as you probably know, Governor Hochul 

 5    in her Executive Budget proposal had made a 

 6    proposal with respect to the 485-w program.  I 

 7    see in the bill language that this program has 

 8    been rejected, and I was wondering if perhaps the 

 9    sponsor knew if -- or what other program 

10    potentially will be taken up in a later budget 

11    bill or maybe later on in the session, outside of 

12    the scope of the budget, that would be focused on 

13    creating affordable housing in New York City.

14                 SENATOR KRUEGER:   Thank you.  

15                 So you're correct, there is no 421-a 

16    in the budget.  There is no replacement for it as 

17    originally proposed by the Governor, which I 

18    believe was 485-w.  So that is also not anywhere 

19    to be found in the budget.

20                 And I think that most of the 

21    Legislature believes that the creation of 

22    affordable housing is a crucial issue, although 

23    this is a New York City-specific program because 

24    it's been funded by New York City property taxes.  

25    So speaking as a New York City resident, we 


                                                               2422

 1    recognize that affordable housing is crucial to 

 2    our future.  

 3                 And we are very much interested in 

 4    having conversations and coming up with a public 

 5    policy that will translate into a justifiable 

 6    cost-benefit ratio.  The 421-a program, through 

 7    research, has been shown to be unbelievably 

 8    inefficient in creating any affordable housing, 

 9    and recent reports show that as little as 

10    51 units out of 8,000 built recently are actually 

11    affordable.

12                 So I don't think if someone said to 

13    you, Give me money for 8,000 housing units and 

14    I'll build you 51 affordable, that you would put 

15    that very high up on your list of successful 

16    affordable programs.  We in New York City 

17    certainly don't think it's successful.  And we 

18    would love to come up with a better model.  

19                 And I would be very happy to talk to 

20    you about proposals you might have after the 

21    budget's done.

22                 SENATOR MARTUCCI:   Thank you.  

23    Thank you, Mr. President.  Will the sponsor yield 

24    for another question?  

25                 THE PRESIDENT:   Does the sponsor 


                                                               2423

 1    yield?

 2                 SENATOR KRUEGER:   Yes.

 3                 THE PRESIDENT:   The sponsor yields.

 4                 SENATOR MARTUCCI:   Okay.  So -- 

 5    certainly, thank you for your response, and we 

 6    look forward to those conversations to come.  

 7                 So then maybe just a little bit more 

 8    broadly, because it is clear that the Legislature 

 9    has rejected the Governor's proposal -- you know, 

10    the 485-w -- what plan exists maybe within the 

11    budget, since that's the bill that's before the 

12    house, that would be helpful in terms of helping 

13    create more affordable housing, since this was 

14    not included?

15                 SENATOR KRUEGER:   Well, the 

16    Governor has a $4.5 billion affordable housing 

17    plan, a statewide program, in her budget, and we 

18    are moving forward with that.  

19                 So there are any number of different 

20    models that I believe that money will be going 

21    towards paying for.  And again, different places 

22    in the state, different models work, so that's 

23    actually a very promising start.

24                 I know that I've been working with 

25    colleagues from the city, the City Council, 


                                                               2424

 1    borough presidents, city comptroller, and 

 2    academics doing research about what has worked 

 3    and what has not worked in the past in New York 

 4    City to try to come up with better models for 

 5    New York City, again, in choosing to use its own 

 6    property tax money to pay for items.

 7                 I think one of the issues for us 

 8    here in Albany, and we need to think hard about 

 9    it, is property taxes are the only taxes we allow 

10    our localities to control for themselves.  So I'm 

11    not sure why we think in Albany we are the ones 

12    to determine how those property taxes ought to be 

13    spent on any specific program -- but, rather, to 

14    actually let the localities help determine or 

15    determine completely, without any state law at 

16    all, how they would like to use their funds to 

17    get the maximum win for the kinds of housing they 

18    need.

19                 So I personally am not convinced 

20    this should be a state program, period.

21                 SENATOR MARTUCCI:   Thank you, 

22    Mr. President.  Will the sponsor yield for 

23    another question?

24                 THE PRESIDENT:   Does the sponsor 

25    yield?


                                                               2425

 1                 SENATOR KRUEGER:   Yes.

 2                 THE PRESIDENT:   The sponsor yields.

 3                 SENATOR MARTUCCI:   Thank you, 

 4    Senator Krueger.  

 5                 And I certainly understand -- you 

 6    know, your position certainly is one of merit, 

 7    and I appreciate your thoughts on that.  

 8                 With respect to those programs that 

 9    you were talking about that the Governor had 

10    introduced that we're supporting in this bill 

11    here before the house, is there a number of 

12    units?  Like how many units do we think, 

13    affordable units, are actually going to be 

14    produced from the aggregate of these number of 

15    programs that you were referring to before?  

16                 SENATOR KRUEGER:   We believe her 

17    estimate was 100,000 with the 4.5 billion.  

18    That's a five-year plan.

19                 SENATOR MARTUCCI:   Thank you, 

20    Senator.

21                 Mr. President, I do have additional 

22    questions but I understand that we're just 

23    logistically going to put them off for a little 

24    bit.  So I thank Senator Krueger for her time, 

25    and I will be speaking with you again soon, it 


                                                               2426

 1    sounds like.

 2                 SENATOR GIANARIS:   Mr. President, 

 3    Senator Kennedy has arrived, so Senator Martucci 

 4    can continue.

 5                 SENATOR MARTUCCI:   Mr. President, 

 6    will the sponsor yield for a question?  

 7                 THE PRESIDENT:   Does the sponsor 

 8    yield?

 9                 SENATOR KENNEDY:   Yes, 

10    Mr. President, I yield.

11                 THE PRESIDENT:   The sponsor yields.

12                 SENATOR MARTUCCI:   Good evening.  

13    My questions are with respect to Part YY, the 

14    transfer of the Buffalo Bills stadium.

15                 So, Mr. President, through you, I 

16    noticed in reading the bill that's before the 

17    house that there's a proposal to transfer 

18    property, which is the Buffalo Bills stadium, 

19    from Erie County to a corporation that's owned or 

20    will be owned by ESD, so effectively it would be 

21    translating that property over to the State of 

22    New York.  

23                 And my question is with respect to 

24    the ongoing costs of the maintenance and 

25    operation of this property.  Is there an 


                                                               2427

 1    estimated fiscal, a yearly cost to maintain this 

 2    property once it becomes property of the state?

 3                 SENATOR KENNEDY:   Through you, 

 4    Mr. President.  First of all, let me thank my 

 5    colleague from across the aisle for the questions 

 6    and for bringing up this very important topic.  

 7                 On the bill, Mr. President, let me 

 8    just start by saying how important it is that we 

 9    keep the Buffalo Bills in the great City of 

10    Buffalo in Western New York.  The Buffalo Bills 

11    are a part of the fabric of who we are as a 

12    community, as a region, and as a state.  

13                 And, you know, I know we talk about 

14    our sports teams with great passion in this house 

15    and in our respective communities across the 

16    state.  But I can tell you there's no greater 

17    fans than the Buffalo Bills.'  And I will tell 

18    you there's no greater state for the Buffalo 

19    Bills to reside in than the great State of 

20    New York.  

21                 And by the way, Mr. President, the 

22    only New York State football team, for those of 

23    you that are keeping score, is the Buffalo Bills.  

24    And the Buffalo Bills bring hundreds of millions 

25    in economic input to the state, year after year.  


                                                               2428

 1    We -- they create thousands of jobs in Western 

 2    New York and arguably across the state, filling 

 3    bars, filling restaurants, filling hotel rooms.  

 4    The income taxes provided by the team alone, 

 5    Mr. President, is over $20 million, upwards of 

 6    $27 million.  And rising, by the way, as the 

 7    salary cap rises.  

 8                 And so we expect over the course of 

 9    the length of this lease agreement -- which 

10    arguably is one of the best agreements ever 

11    signed between any football team, any community 

12    in any state -- we will see the expense of public 

13    dollars not only matched but exceeded by the 

14    income tax collected alone from the funding that 

15    the team generates.  So -- in salaries alone.

16                 So that's just for starters, 

17    Mr. President.  The Buffalo Bills, the fabric of 

18    our community -- the only team in the great State 

19    of New York and a team that not only our 

20    community in Western New York can ill afford to 

21    lose, but this great state can ill afford to 

22    lose -- must stay in Western New York.  

23                 And because of that, the Governor 

24    took it upon herself, along with the county 

25    executive in Erie County and the great Buffalo 


                                                               2429

 1    Bills organization -- which, by the way, for 

 2    those of you that are paying attention, are on 

 3    the rise.  They had a great season -- to put 

 4    together an extraordinary deal for the taxpayers 

 5    not only in Western New York, but in New York 

 6    State, and for those of us that are Bills fans.  

 7                 And I'm hoping, Mr. President, that 

 8    my colleague across the aisle who happens to be 

 9    asking these questions calls himself a Buffalo 

10    Bills fan, as they're the only team to play in 

11    this great state.

12                 Would my colleague across the aisle 

13    yield for a question?  

14                 (Laughter.)

15                 SENATOR MARTUCCI:   Mine first.

16                 (Laughter.)

17                 SENATOR KENNEDY:   Mr. President, 

18    thank you.  There's a rumor going around that my 

19    colleague across the aisle is a New England 

20    Patriots fan.  Is this true?  

21                 (Laughter; booing.)

22                 SENATOR MARTUCCI:   Mr. President, 

23    I'll only answer if the sponsor yields and 

24    answers my question.  

25                 (Laughter.)


                                                               2430

 1                 THE PRESIDENT:   Senator Kennedy, 

 2    would you like to answer the sponsor's question?

 3                 SENATOR KENNEDY:   Repeat the -- can 

 4    you please repeat the --

 5                 SENATOR MARTUCCI:   I will, it's a 

 6    very long time ago.  I will repeat it, 

 7    Mr. President.

 8                 THE PRESIDENT:   You'll answer his 

 9    question; he'll answer yours.

10                 SENATOR KENNEDY:   Understood, 

11    Mr. President.  But feel free.

12                 SENATOR MARTUCCI:   So my question 

13    is with respect to the operating costs -- I'm 

14    guessing later we're going to talk a little bit 

15    about the capital costs of the program.  But the 

16    operating costs.  When this becomes part of 

17    New York State, which is what's proposed in 

18    Section YY, what's the year-over-year operating 

19    cost to the people of the State of New York?

20                 SENATOR KENNEDY:   Thirteen-point- 

21    seven million dollars, Mr. President.  Through 

22    you.

23                 SENATOR MARTUCCI:   Thank you, 

24    Mr. President.  Will the sponsor continue to 

25    yield?


                                                               2431

 1                 THE PRESIDENT:   Do you want to 

 2    answer his question?  

 3                 SENATOR MARTUCCI:   I don't know 

 4    what his question was.

 5                 SENATOR KENNEDY:   Mr. President -- 

 6    through you, Mr. President, what NFL team does my 

 7    colleague across the aisle root for?  

 8                 SENATOR MARTUCCI:   Mr. President, 

 9    through you, I'm certainly not a fan of Tom 

10    Brady, and that needs to be recorded in the 

11    record.  I'm a Jets fan, Mr. President.

12                 SENATOR KENNEDY:   Ah, for --

13                 (Reaction from members.)

14                 SENATOR KENNEDY:   Through you, 

15    Mr. President, that explains a lot.  

16                 (Laughter.)

17                 SENATOR KENNEDY:   But, 

18    Mr. President, I will yield.

19                 THE PRESIDENT:   You yield.

20                 The sponsor yields.  

21                 SENATOR MARTUCCI:   Thank you, 

22    Mr. President.  

23                 So with respect to the project as 

24    outlined, one of the things that Senator Kennedy 

25    mentioned was about the site and how important it 


                                                               2432

 1    is to keep the Buffalo Bills in Buffalo.  How was 

 2    this particular site selected for this project?

 3                 SENATOR KENNEDY:   Through you, 

 4    Mr. President.  Look -- and I will -- I will -- 

 5    I'm trying to be nice to my colleague.  The 

 6    New Jersey Jets?  I mean ...

 7                 The site was selected, 

 8    Mr. President, through an ongoing process over a 

 9    number of years, quite frankly.  Studies were 

10    done by the local community, studies were done by 

11    the Buffalo Bills.  And after many different 

12    studies and many different conversations and 

13    debates, public and private, the site was 

14    selected by the state, the county, and the 

15    Buffalo Bills to locate this new stadium, which 

16    will be the largest infrastructure project in the 

17    history of our community, in the place that has 

18    been chosen.

19                 SENATOR MARTUCCI:   Mr. President, 

20    will the sponsor continue to yield.

21                 THE PRESIDENT:   Does the sponsor 

22    yield?

23                 SENATOR KENNEDY:   Of course.

24                 THE PRESIDENT:   The sponsor yields.

25                 SENATOR MARTUCCI:   So, you know, 


                                                               2433

 1    the reason I ask that question is certainly 

 2    because we've heard that, you know, perhaps -- 

 3    you know, maybe the site would be located in the 

 4    City of Buffalo or other places in the Buffalo 

 5    area.  

 6                 But with respect to the actual site 

 7    that was selected, I know one of the huge 

 8    priorities of the Majority is meeting the goals 

 9    of CLCPA and transit.  Is there any transit 

10    connection plan that's going to be implemented 

11    with respect to this project?  Just so that, you 

12    know, every single fan that comes to the stadium 

13    won't have to drive?  Will it be connected 

14    somehow?  

15                 SENATOR KENNEDY:   Through you, 

16    Mr. President, a great question.  

17                 As the chair of Transportation, I've 

18    actually been working with the chairwoman of the 

19    Erie County Legislature, April Baskin, the 

20    Buffalo Bills organization and Pegula Sports and 

21    Entertainment, as well as the Niagara Frontier 

22    Transportation Authority, to put in place more 

23    accessible transportation through the planning 

24    process and ultimately being implemented to 

25    greater connect our Western New York community to 


                                                               2434

 1    this new stadium.

 2                 SENATOR MARTUCCI:   Mr. President, 

 3    will the sponsor continue to yield.

 4                 THE PRESIDENT:   Does the sponsor 

 5    yield?

 6                 SENATOR KENNEDY:   Yes, I will, 

 7    Mr. President.

 8                 THE PRESIDENT:   The sponsor yields.

 9                 SENATOR MARTUCCI:   Thank you, 

10    Senator Kennedy.  

11                 Through you, Mr. President, Senator 

12    Kennedy was talking about some of the benefits of 

13    the program, proposed program.  Certainly 

14    economic benefits with respect to jobs and other 

15    economic activity in the region.  Is there any 

16    other program connected to this proposed deal -- 

17    like say, for example, a community benefit 

18    agreement that would provide additional benefits, 

19    given the a large sum of public dollars that are 

20    being put into the program?  

21                 SENATOR KENNEDY:   Through you, 

22    Mr. President, yes, there is a commitment of a 

23    community benefits agreement between the Buffalo 

24    Bills, the state, and the county.  

25                 The county executive has made it 


                                                               2435

 1    part of his commitment to negotiate this 

 2    community benefits agreement with the Western 

 3    New York community.  He's already established 

 4    that the chairwoman of the Erie County 

 5    Legislature, who I have already mentioned, will 

 6    be a part of that team of negotiators in putting 

 7    this community benefits agreement together.

 8                 The bottom line, Mr. President, is 

 9    that this stadium is going to create -- while 

10    it's establishing itself as the home of the Bills 

11    for the next generation of Bills fans -- 

12    thousands of jobs.  In construction jobs alone, 

13    12,000 construction jobs will be created out of 

14    the gate.  

15                 There is a commitment to make sure 

16    that there is diversity in hiring, that there is 

17    a creation of, again, more accessibility and more 

18    inclusion, as well as giving back to the 

19    community.  Not to mention -- let me just say 

20    this because I think it's important to mention.  

21    You know, we talk about the investment in the 

22    Buffalo Bills and the creation of jobs and the 

23    fabric of our community and ensuring that they're 

24    locked in for decades to come into Western 

25    New York.  I think it's essential that we talk 


                                                               2436

 1    about where they've come from.  

 2                 You know, back in 1960 Ralph Wilson 

 3    brought the Buffalo Bills to Buffalo before the 

 4    NFL even existed.  It was part of the AFL.  And 

 5    for five years, the Buffalo Bills played in the 

 6    AFL.  

 7                 Ralph Wilson was a founding member 

 8    of the NFL.  Ralph Wilson died several years ago.  

 9    And what he did is he put in place a system to 

10    which the Buffalo Bills have the best chance to 

11    stay in our community.  And by setting up the 

12    foundation that ultimately negotiated, the 

13    transfer to the new owners, the Pegula family, 

14    Terry and Kim Pegula, there was an establishment 

15    of a foundation, the Ralph C. Wilson Foundation.  

16    That foundation, that foundation has committed to 

17    spending in our community and in the City of 

18    Detroit, where Ralph C. Wilson spent his 

19    childhood, a billion dollars over the 20 years of 

20    this -- the existence of that funding that was 

21    brought on by the purchase of the Bills from the 

22    Pegulas.

23                 In that commitment, that money has 

24    already been seeing the fruits of its labor take 

25    root.  Right over on the waterfront, on the West 


                                                               2437

 1    Side of Buffalo is LaSalle Park.  LaSalle Park is 

 2    soon going to be called Ralph C. Wilson, Jr. 

 3    Park.  A hundred million dollar transformation 

 4    right in the heart of the City of Buffalo, right 

 5    in the community of need.  

 6                 Not only that, Mr. President, but 

 7    there's an investment in the youth of our 

 8    community.  And through the Ralph C. Wilson 

 9    Foundation and the board that's chartered to 

10    spend this money that Ralph C. Wilson so 

11    generously gave to our community -- after his 

12    passing and through his widow, Mary Wilson, and 

13    her team -- they have ensured that the next 

14    generation of Buffalonians and Western 

15    New Yorkers are invested in.

16                 And so whether it's youth sports or 

17    inner city youth or capital investments, we have 

18    seen investment after investment from the 

19    Buffalo Bills take root.  

20                 And so I'm very excited about where 

21    we're headed here, Mr. President.  And with that, 

22    I'll open it up to any other questions my 

23    colleague has.

24                 THE PRESIDENT:   Senator Gianaris.  

25                 SENATOR GIANARIS:   Mr. President, I 


                                                               2438

 1    want to remind my great colleague from Buffalo -- 

 2    I know he's got great enthusiasm on this issue in 

 3    particular.  

 4                 (Laughter.)

 5                 SENATOR GIANARIS:   But we are 

 6    trying to get through the night, and we've agreed 

 7    with the Minority that our time speaking is not 

 8    coming off of their time speaking.  

 9                 So brevity, brevity, everybody.  

10                 (Laughter.)

11                 SENATOR MARTUCCI:   Thank you, 

12    Senator Gianaris.

13                 THE PRESIDENT:   Okay.  All right.  

14    Go ahead.

15                 SENATOR MARTUCCI:   Mr. President, 

16    he sounds like he was a wonderful man, I'll start 

17    by saying that.  

18                 (Laughter.)

19                 SENATOR MARTUCCI:   He certainly 

20    sounds like he was a wonderful man to Buffalo.  

21                 But if the sponsor continues to 

22    yield.  I only have a few more questions, I 

23    promise.

24                 THE PRESIDENT:   Will the sponsor 

25    yield?


                                                               2439

 1                 SENATOR KENNEDY:   I will.  I will, 

 2    Mr. President.

 3                 THE PRESIDENT:   The sponsor yields.

 4                 SENATOR MARTUCCI:   Thank you.

 5                 So, you know, look -- I think that 

 6    one of the other questions I have sort of just in 

 7    general about this is, you know, the last time 

 8    that there was a stadium attempt here in 

 9    New York -- and maybe I'm a little sore about it 

10    because it was a Jets attempt, right?  But it was 

11    back in 2005.  Very famously, then Speaker 

12    Sheldon Silver blocked this project with the use 

13    of his appointee to the Public Authorities 

14    Control Board.  

15                 You know, and today we're taking 

16    some steps to forward the transfer right now, 

17    immediately -- in this bill we're taking the 

18    steps to forward transfer of this property to the 

19    State of New York.  And I'm assuming in a bill to 

20    come in the next couple of hours we're going to 

21    have some relatively large appropriation with 

22    respect to this project.  

23                 So does the sponsor have any concern 

24    that the Public Authorities Control Board might 

25    stop or block or have concerns about this project 


                                                               2440

 1    even after we take these steps?  

 2                 SENATOR KENNEDY:   Through you, 

 3    Mr. President, no.  

 4                 Mr. President, was that brief 

 5    enough?

 6                 (Laughter.)

 7                 THE PRESIDENT:   Yes, Senator 

 8    Kennedy.

 9                 SENATOR MARTUCCI:   That was a 

10    perfect answer.  Thank you, Mr. President.

11                 Mr. President, if the sponsor will 

12    yield, I have just a couple more questions. 

13                 THE PRESIDENT:   Does the sponsor 

14    yield?

15                 SENATOR KENNEDY:   Certainly.

16                 THE PRESIDENT:   The sponsor yields.

17                 SENATOR MARTUCCI:   I'm trying -- 

18    you know, I'm beginning to understand this deal.  

19    Because as the sponsor is probably aware, we did 

20    not have the opportunity to review this in the 

21    Executive Budget proposal or in either one-house.  

22    So we sort of knew what we knew about this deal 

23    from press releases, the news, what we heard 

24    about -- Twitter was a great source of 

25    information on this project.  


                                                               2441

 1                 And one of the things that we see 

 2    today is that the state is actually going to own 

 3    this stadium.  Are there any other models like 

 4    this anywhere else in the country where a state 

 5    owns an NFL stadium?

 6                 SENATOR KENNEDY:   Through you, 

 7    Mr. President, I am personally unaware in this 

 8    moment.  

 9                 However, what I do know is that not 

10    only in New York but in other communities across 

11    the country, the public has played an integral 

12    role in ensuring that sports teams either stay in 

13    or are attracted to respective communities.  

14                 And without the commitment that we 

15    are seeing today that was put in place with the 

16    leadership of Governor Hochul, County Executive 

17    Poloncarz, and the Buffalo Bills to ensure that 

18    the Bills stadium is created in Western New York, 

19    and the Buffalo Bills stay in Buffalo -- on 

20    September 1st, the Buffalo Bills organization has 

21    the ability to go speak to other cities, 

22    according to the contract that they signed about 

23    a decade ago.  That means that other cities and 

24    other states are going to be able to start 

25    bidding and whispering in their ears what those 


                                                               2442

 1    cities and those states will do to attract the 

 2    Buffalo Bills to their community.  

 3                 We didn't want to lose the leverage 

 4    of ensuring that the Bills stay in Buffalo.  So 

 5    the timing was absolutely perfect to get this 

 6    deal done.  I'm proud that this deal was sealed.  

 7    And I'm excited that next year, when the Buffalo 

 8    Bills win the Super Bowl, we're going to be 

 9    celebrating in Buffalo and not some far-off 

10    distant place, Mr. President.

11                 SENATOR MARTUCCI:   Thank you.  

12                 Mr. President, will the sponsor 

13    yield for a final question?

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR KENNEDY:   Certainly.  

17                 THE PRESIDENT:   The sponsor yields.

18                 SENATOR MARTUCCI:   Thank you, 

19    Mr. President.  Through you.  

20                 And certainly I'll understand if the 

21    sponsor would prefer to answer this when we have 

22    the bill that contains the appropriation for the 

23    stadium in front of us.  But if you're able to 

24    answer it now, that's perfectly fine as well.  

25                 But we've been hearing a lot about 


                                                               2443

 1    what the public share is for the stadium, and 

 2    there's been a lot of questions about the size of 

 3    the public's share with respect to the capital 

 4    project.  You know, we're hearing a tremendous 

 5    sum of money from the Seneca Nation.  We're 

 6    hearing about $250 million from the county, Erie 

 7    County, where you call home.  And then we're 

 8    hearing about some additional state money glued 

 9    together.  

10                 So could you outline the capital 

11    funding structure of this deal and the use of the 

12    public dollars in the project?  

13                 SENATOR KENNEDY:   Yes, 

14    Mr. President, I would be thrilled to outline the 

15    capital portion of this budget during the capital 

16    conversation of this budget.

17                 SENATOR MARTUCCI:   Thank you, 

18    Mr. President.  Understood, and fair enough.  So 

19    we'll talk about that later.

20                 On the bill.

21                 THE PRESIDENT:   Senator Martucci on 

22    the bill.

23                 SENATOR MARTUCCI:   First of all, I 

24    want to thank my colleague Senator Kennedy for 

25    answering my questions and giving me a history 


                                                               2444

 1    lesson on Russell {sic} Wilson, who sounded like 

 2    an amazing person to Buffalo and a -- certainly a 

 3    great New Yorker.  

 4                 But, you know, look.  Mr. President, 

 5    of course we want to keep the Bills here in the 

 6    State of New York.  Even us Jets fans want to 

 7    make sure the Bills stay here.  But what we want 

 8    to make sure is that it's a fair deal for the 

 9    people of the State of New York, because we're 

10    being asked to pony up a huge sum of money on 

11    this project.  

12                 And as I called out before, the 

13    concern is that we didn't have an opportunity to 

14    review this in either one-house, we didn't see it 

15    in the Governor's Executive Budget proposal.  We 

16    read about it in the news, we found out about it 

17    via press release.  

18                 And this is really our opportunity 

19    to air this out.  So that's why I wanted to ask 

20    Senator Kennedy those questions and get those 

21    clarifications.

22                 But again, like I said, this is 

23    certainly not about not wanting the Bills, this 

24    is about making sure we deliver a fair deal for 

25    the people of the State of New York.  


                                                               2445

 1                 One of my colleagues said it before, 

 2    is that there are realities in the budget and, 

 3    you know, hard decisions have to be made in the 

 4    budget.  And again, my concern is just making 

 5    sure that we look at the realities of this 

 6    project and we're making sure that we're using 

 7    public dollars in an appropriate way, as we 

 8    always should be.  

 9                 Thank you, Mr. President.

10                 THE PRESIDENT:   Senator Tedisco.

11                 SENATOR TEDISCO:   Thank you, 

12    Mr. President.  Would the Senator yield -- 

13                 THE PRESIDENT:   Does the sponsor 

14    yield?

15                 SENATOR BAILEY:   Absolutely.

16                 THE PRESIDENT:   The sponsor yields.  

17                 SENATOR TEDISCO:   -- answer some 

18    questions?  Thank you, Senator, very much.  

19                 Senator, before I ask you just a 

20    couple of questions -- because I know we've got 

21    to be a little bit quicker, we're getting into 

22    the midnight hours here -- I just want to go on 

23    record because I don't want to leave tonight you 

24    thinking or anybody on that side thinking that we 

25    don't support criminal justice on this side.  We 


                                                               2446

 1    do.  And I think you do.  And I think all of us 

 2    in this room do.  

 3                 But we have a different concept of 

 4    what leads to that.  You know, we support a just, 

 5    equitable, fair system for alleged perpetrators 

 6    and certainly for the victims.  And as you're 

 7    reflective over there, I hear what you're saying, 

 8    because your constituents -- 

 9                 THE PRESIDENT:   Senator Tedisco, 

10    are you on the bill or are you asking a question?  

11                 SENATOR TEDISCO:   Yes, I'm going to 

12    ask him a question.

13                 THE PRESIDENT:   Well, wait, no.  

14    Are you on the bill or -- not both, it's one or 

15    the other.  Are you on the bill or asking a 

16    question?  

17                 SENATOR TEDISCO:   I'm asking a 

18    question.

19                 THE PRESIDENT:   Okay.  All right.

20                 SENATOR TEDISCO:   And leading to my 

21    question about you and I and everybody else 

22    wanting to have a good criminal justice system, 

23    we have a different concept of it.  

24                 And our constituents are very 

25    concerned about the fact that these are not 


                                                               2447

 1    minimalistic crimes we're talking about.  We 

 2    don't want anybody stealing a banana or taking a 

 3    shirt or doing these small, simple crimes.  

 4                 What we're talking about -- and this 

 5    is going to lead to my question about what their 

 6    concerns are, so you better understand from my 

 7    vantage point.  And I think what you're hearing 

 8    from my colleagues, they have the same vantage 

 9    points, from what we're hearing, and we're 

10    reflective of that, because we're 

11    representatives.  

12                 We hear a lot about -- and I'll give 

13    you an illustration.  And I'll ask you this 

14    question now.  Senator, there are these 

15    individuals who have committed very serious 

16    violent crimes in the past.  Okay?  Maybe a 

17    violent robbery where someone was seriously 

18    injured or a burglary or a mugging or even a 

19    murder.  

20                 And then they ask us, when they go 

21    before the judge, why can't the judge consider -- 

22    and maybe it's in this third generation of what 

23    you're doing in terms of reform.  Why can't the 

24    judge consider the violence that took place in 

25    the past when it's some of these, as Senator 


                                                               2448

 1    O'Mara said -- he's given you a pretty good list.  

 2    Let's face it, when you knock down an old lady 

 3    and take her pocketbook, I think you agree that's 

 4    a violent crime.  But you probably can get 

 5    released for that, I would imagine.  

 6                 So is there anything in here that 

 7    allows a judge, with someone that comes before 

 8    them, to consider the violence that took place in 

 9    the past?  Because they're concerned about that.  

10    Chronic individuals, committed several violent 

11    crimes.  Now, semi-violent, you might call them; 

12    I think we call them more serious crimes.  

13                 Is there any consideration for that 

14    in this so-called criminal justice cash bail 

15    adjustment?

16                 SENATOR BAILEY:   Through you, 

17    Mr. President.  Senator Tedisco mentioned in his 

18    question the notion of violent felonies.  Violent 

19    felonies are currently bail-eligible, depending 

20    on the nature of the offense, and they would 

21    remain bail-eligible depending on the nature of 

22    the offense.  

23                 But I'd like to point out -- and 

24    Senator Tedisco and all of our good colleagues on 

25    the other side of the aisle, about -- and you 


                                                               2449

 1    spoke about this, I think it's the perfect time 

 2    to illustrate that -- that the American justice 

 3    system is based upon and predicated upon the 

 4    presumption of innocence until proven guilty.  

 5                 When I hear crimes enumerated and 

 6    whether they're bail-eligible or not, the last I 

 7    checked, that bail does not automatically lead to 

 8    a conviction.  The last I checked, the 

 9    accusations are not dispositive of convictions.  

10                 So to answer the initial question, 

11    it would depend on the nature of the offense.  

12    And they have been considered, based upon the 

13    repeat offender language, considered in this new 

14    iteration, as you refer to -- part three, as you 

15    said, of this legislation.  

16                 SENATOR TEDISCO:   Will the 

17    gentleman yield?  

18                 SENATOR BAILEY:   Absolutely.

19                 SENATOR TEDISCO:   So what kind of 

20    crimes could the judge look at, the previous 

21    violent crimes, and say I'm going to have to take 

22    you off the street because I feel you're a danger 

23    to yourself or a danger to others?

24                 SENATOR BAILEY:   Through you, 

25    Mr. President, criminal history is always able to 


                                                               2450

 1    be reviewed by a judge in determining whether an 

 2    offense is bail-eligible.

 3                 SENATOR TEDISCO:   They can use that 

 4    as a factor to take them off the streets?

 5                 THE PRESIDENT:   Will the sponsor 

 6    yield for --

 7                 SENATOR TEDISCO:   Yes.

 8                 SENATOR BAILEY:   Absolutely.  

 9    Absolutely.

10                 THE PRESIDENT:   The sponsor yields, 

11    okay.  

12                 SENATOR TEDISCO:   And they can use 

13    that as a factor to take them off the streets?  

14                 SENATOR BAILEY:   Through you, 

15    Mr. President, in determining whether the offense 

16    is bail-eligible, yes.  

17                 SENATOR TEDISCO:   Let me ask you 

18    this.

19                 THE PRESIDENT:   Senator Tedisco, 

20    through the chair, ask the sponsor to yield.

21                 SENATOR BAILEY:   I yield.

22                 THE PRESIDENT:   The sponsor yields.  

23                 SENATOR TEDISCO:   Yeah, I'm used to 

24    being in the Assembly.

25                 THE PRESIDENT:   I know, but we're 


                                                               2451

 1    not there.

 2                 SENATOR TEDISCO:   We just talk it 

 3    out.  We're just like a freak show out there, you 

 4    know.

 5                 (Laughter.)

 6                 SENATOR TEDISCO:   Okay.  Through 

 7    you.

 8                 THE PRESIDENT:   Yes, good.  Does 

 9    the sponsor yield?

10                 SENATOR BAILEY:   Yes, 

11    Mr. President.

12                 THE PRESIDENT:   The sponsor yields.

13                 SENATOR TEDISCO:   What also they 

14    don't understand is we've given individuals the 

15    opportunity -- I know they're alleged, in terms 

16    of their crimes.  They come before the judge and 

17    certainly judges have told us, you know, Sure, I 

18    felt this person was a danger to himself or 

19    herself or others, but I couldn't take them off 

20    the streets, cash-bail type of thing, so I had to 

21    let them go.  My constituents don't understand.  

22                 When they run and they don't show 

23    up, they've been given one chance, one bite at 

24    the apple, okay.  And then our law enforcement, 

25    who have arrested them once, has to go chase them 


                                                               2452

 1    down and arrest them again.  And while they're 

 2    doing that, Senator, there are other serious 

 3    crimes taking place.

 4                 The suggestion in your deal is these 

 5    are not serious crimes so, you know, they come 

 6    back.  And then what happens when they come back, 

 7    it seems as though they're doing double taxpayer 

 8    dollars to get them, bring them back, serious 

 9    crimes are taking place, we're using our men and 

10    women power, taxpayers' dollars to arrest them 

11    again.  And it seems as though they're also 

12    letting go again, maybe, a second time when they 

13    come back.  And then again, we don't give the 

14    judge discretion to say, We gave you one bite at 

15    the apple and you didn't come back for justice.  

16                 At some point they've got to go 

17    before the court, even though they're alleged to 

18    have committed this crime.  They haven't shown up 

19    to face the justice system.  

20                 And that's their concern.  Is there 

21    any change in this thing for that?  

22                 SENATOR BAILEY:   Through you, 

23    Mr. President, I was able to glean that the 

24    question is related to an individual, an accused 

25    individual's rate of return to court.  Would that 


                                                               2453

 1    be accurate, Senator Tedisco?  I just want to -- 

 2                 SENATOR TEDISCO:   Sure.

 3                 SENATOR BAILEY:   Okay.  So --

 4                 SENATOR TEDISCO:   -- broken the law 

 5    when they didn't show up, even though they were 

 6    alleged.  They were supposed to show up, given 

 7    the ticket.  

 8                 SENATOR BAILEY:   Through you, 

 9    Mr. President.  Generally speaking, the return 

10    of -- the rate of return of individuals to court 

11    is generally very high.  And even if an 

12    individual does not return to court, there are 

13    remedies that are available.

14                 SENATOR TEDISCO:   Would the 

15    gentleman yield.

16                 THE PRESIDENT:   Does the sponsor 

17    yield?

18                 SENATOR BAILEY:   Yes.

19                 THE PRESIDENT:   The sponsor yields.  

20                 SENATOR TEDISCO:   And a second 

21    byproduct is that when they leave and are not 

22    showing up, they commit another crime.  Don't you 

23    think that if they committed another crime when 

24    they're supposed to be coming before the justice 

25    system from the one before that the judge should 


                                                               2454

 1    have the opportunity, at least in those 

 2    instances, to say:  We've given you one bite at 

 3    the apple.  How many bites can we give you when 

 4    we release you and you commit another crime?  

 5                 That's not bailable, okay, according 

 6    to the rules.  But there's a big list there that 

 7    seems to be.  In that instance, too, the judge -- 

 8    there's nothing in here for the judge to make a 

 9    determination?

10                 SENATOR BAILEY:   Mr. President, 

11    again, the clarifying language that we set forth 

12    in the statute is related to repeat offenders.  

13                 So I think, depending on the nature 

14    of the offense that the Senator is speaking 

15    about, that this is precisely what the intent of 

16    the soon-to-be statute -- we hope -- would 

17    effectuate.

18                 SENATOR TEDISCO:   Okay, would the 

19    gentleman yield again for a question.

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR BAILEY:   Absolutely.

23                 THE PRESIDENT:   The sponsor yields.  

24                 SENATOR TEDISCO:   Let me ask you a 

25    question about a law I put in place, authored a 


                                                               2455

 1    while back -- I thought it was very important, 

 2    and to this day I realize how important it is.  

 3    It's called Buster's Law.  

 4                 Are you familiar with it?

 5                 SENATOR BAILEY:   Through you, 

 6    Mr. President, Senator Tedisco has a great heart 

 7    for animals, and I am aware of Buster's Law, yes.

 8                 SENATOR TEDISCO:   Senator O'Mara 

 9    alluded to that.  The story of Buster's Law is 

10    this.  We didn't have much respect for animals --

11                 THE PRESIDENT:   Senator Tedisco, 

12    are you on the bill?  

13                 SENATOR TEDISCO:   No.

14                 THE PRESIDENT:   You're asking a 

15    question, okay.

16                 Does the sponsor yield for another 

17    question?

18                 SENATOR BAILEY:   Sure.

19                 THE PRESIDENT:   The sponsor yields.  

20                 SENATOR TEDISCO:   Buster was a cat 

21    that someone doused kerosene on, lit on fire.  

22    And it was on TV for about three or four weeks.  

23    They just kept showing the picture.  Everybody 

24    was rooting for the cat to live.  

25                 Eventually the cat passed away.  I 


                                                               2456

 1    don't think I ever got more calls from 

 2    constituents -- not only across the state, but 

 3    the nation -- about this little cat that was on 

 4    TV for two or three weeks, had tubes all coming 

 5    out of him, everybody was rooting for him, and he 

 6    lost his life and died.  

 7                 So I went to the chief of police and 

 8    I said, "Chief, can't you go out and find this 

 9    person, this perpetrator, and arrest him?"  

10                 He goes:  "It's a violation."  

11                 "It's a violation?"  I said, "Well, 

12    what should it be?"  

13                 He said, "It should be a felony."  

14                 I said, "Not a misdemeanor?"  

15                 "No, it should be a felony."  

16                 "Why?"  

17                 "Because, Senator, you know what 

18    people do who harm animals after they harm 

19    animals?"

20                 I'll answer it because she's talking 

21    to you.  They go on to hurt people.  

22                 Now, it's not me saying this.  The 

23    FBI puts animal abusers on A level for an 

24    indicator that they're going to go on to hurt 

25    human beings.  Let me give you a list of them.  


                                                               2457

 1    Son of Sam, Ted Bundy, Daumer, the Columbine kids 

 2    all had a history of abusing animals before they 

 3    went on to become serial murderers.  It's not me 

 4    saying that, it's the FBI.  

 5                 The Animal Cruelty Felony Bill was 

 6    put in place under the name of Buster.  We were 

 7    one of the first states in the nation on that 

 8    bill that I authored in the minority and worked 

 9    it through -- I don't know if Mr. Gianaris was 

10    there or not there.  Were you there then when we 

11    did Buster's Law?  Yeah.  And -- yeah.  We got it 

12    done, though, and then a lot of other states 

13    followed.  

14                 But you got a whole group of people 

15    out there who love people and love animals.  I 

16    mean, when you think about animals -- our K-9 

17    units, what they do for our veterans.  I know a 

18    woman that has a dog that could indicate if her 

19    child is low or high on insulin and saves that 

20    child's life several times during the course of a 

21    night.

22                 My question to you is -- and this is 

23    what they're asking me.  We used to have Animal 

24    Advocacy Day.  We can't do that now.  We used to 

25    have an Animal Advocacy Committee because we 


                                                               2458

 1    understood the nexus between harming animals and 

 2    harming people.  We don't have that anymore here.  

 3                 But I'll ask you.  That felony of 

 4    harming -- in a serious, violent way -- animals, 

 5    is that bailable now?

 6                 SENATOR BAILEY:   Through you, 

 7    Mr. President.  

 8                 First, let me say thank you for your 

 9    work on Buster's Law.  Thank you for your 

10    advocacy for animals.  

11                 I am not certain, depending on the 

12    nature of the offense -- if you could please give 

13    me the specific nature of the offense and the 

14    charge, I could tell you whether it is 

15    bail-eligible or not.  

16                 But the point I'm making -- 

17    Senator Tedisco, if I may -- is again the law 

18    before us, or the proposed law before us relates 

19    to clarifying the intent of the Legislature as 

20    related to gun offenses and repeat offenders.

21                 I don't question how heinous a crime 

22    against an animal is.  That is not questioned by 

23    me or -- I don't believe anybody in this house, 

24    elected or not, would agree that a crime against 

25    an animal is not a heinous offense.


                                                               2459

 1                 What I would say is that under what 

 2    we have contemplated on this specific piece of 

 3    legislation, it relates to, again, repeat 

 4    offenders -- because that's been a question -- 

 5    and gun charges.

 6                 So -- but to answer your initial 

 7    question, if you would be able to provide the 

 8    specific nature of the offense.

 9                 SENATOR TEDISCO:   The offense is 

10    you got charged with Buster's Law, animal cruelty 

11    felony.  You're charged with animal cruelty 

12    felony, charged with animal cruelty felony under 

13    Buster's Law.  That's not bailable if you're 

14    brought before a judge.

15                 SENATOR BAILEY:   The offense of 

16    animal cruelty, eligible -- the offense that 

17    Senator Tedisco mentioned would not be eligible 

18    for bail.

19                 SENATOR TEDISCO:   Thank you, 

20    Senator.  I appreciate you taking the time to 

21    answer those questions.

22                 On the bill.

23                 THE PRESIDENT:   Senator Tedisco on 

24    the bill.

25                 SENATOR TEDISCO:   Look, we had a 


                                                               2460

 1    Governor -- who is gone now, thankfully -- who 

 2    totally lacked transparency and was very 

 3    supportive of this, signed this bill.  And then 

 4    we had another governor after he left, and both 

 5    of them really didn't want to do much about this 

 6    whole thing, until -- until a poll was taken and 

 7    all of a sudden an opponent of your governor 

 8    sitting on the second floor was a point behind or 

 9    a point ahead or maybe is tied right now, and all 

10    of a sudden there was a 10-point plan, a 10-point 

11    plan for the criminal justice system to address 

12    it.  

13                 Now, you don't bring forth a 

14    10-point plan unless the people of the State of 

15    New York want to change a system which you put in 

16    place, first of all said you were going to 

17    adjust, secondly, and failed the people again 

18    because -- and then didn't support your governor 

19    at the beginning when she said, I want to reform 

20    your plan.  She had to bring you kicking and 

21    screaming to do that.

22                 Now, it's been mentioned but I'll 

23    just repeat it as I close here.  This does 

24    nothing to change what's happening to our 

25    constituents across the state.  They're being 


                                                               2461

 1    victimized.  This is a revolving door of danger 

 2    and disaster.  It was done in secrecy.  

 3                 If you want to correct this, repeal 

 4    it, bring back law enforcement, the judiciary, 

 5    our district attorneys, get in a room and do 

 6    something realistic that could really make it a 

 7    fair and just system.  

 8                 This isn't smoke and mirrors, it's 

 9    just smoke.  It's window dressing.  It's to show 

10    I've got a nice shiny object here, look how shiny 

11    it is.  But the object doesn't accomplish 

12    anything.  And it's -- certainly the shiny object 

13    that you and the governor's holding, I don't 

14    think it's going to close that poll.  In fact, I 

15    think there's going to be problems in November, 

16    and I think the wave is a different color this 

17    time.

18                 Thank you, Mr. President.  

19                 SENATOR O'MARA:   Senator Stec.

20                 SENATOR STEC:   Thank you, 

21    Mr. President.  I have questions on Part L and 

22    Part O.  I'm not sure who to ask to --

23                 THE PRESIDENT:   Senator Krueger.  

24                 Does the sponsor yield?  

25                 SENATOR KRUEGER:   Certainly.


                                                               2462

 1                 THE PRESIDENT:   The sponsor yields.

 2                 SENATOR STEC:   All right, thank 

 3    you, Senator Krueger.  I promise this time I 

 4    don't have the answers to the questions I'm going 

 5    to ask you.  I'm going to rely on you.  

 6                 Part L -- through you, 

 7    Mr. President, if the sponsor would entertain the 

 8    first question regarding expanding income 

 9    eligibility for childcare subsidies.

10                 Approximately how many additional 

11    families would be eligible for childcare 

12    subsidies with this expanded income eligibility?  

13    How many new families?  

14                 SENATOR KRUEGER:   We believe 

15    396,000 children will be eligible.

16                 SENATOR STEC:   Three hundred 

17    ninety-six additional children or --

18                 SENATOR KRUEGER:   An additional 

19    396,000 children.

20                 SENATOR STEC:   Thank you.  

21                 Mr. President, through you, if the 

22    sponsor would yield.

23                 THE PRESIDENT:   Does the sponsor 

24    yield?

25                 SENATOR KRUEGER:   Yes.


                                                               2463

 1                 THE PRESIDENT:   The sponsor yields.

 2                 SENATOR STEC:   Okay, great.  While 

 3    this provision increases eligibility to serve an 

 4    additional 396 {sic} children, which is good 

 5    news, what plan is there to increase childcare 

 6    workers or centers to meet the increased need for 

 7    childcare?  It's great that we're making more 

 8    children -- 396,000 more children eligible, but 

 9    being eligible doesn't get it done.  

10                 What is the State of New York's plan 

11    for increasing childcare workers or centers to 

12    meet the increased need?

13                 SENATOR KRUEGER:   I apologize.  I 

14    thought I heard the question, so I started to 

15    give an answer, but then your question went on.  

16    So if you don't mind --

17                 SENATOR STEC:   I asked the question 

18    twice, but I'll ask it a third time.

19                 SENATOR KRUEGER:   Thank you.

20                 SENATOR STEC:   While this provision 

21    increases eligibility for childcare, what plan 

22    does the State of New York have, either currently 

23    or in the budget, to increase the number of 

24    childcare workers or centers to meet the 

25    increased need for childcare?


                                                               2464

 1                 SENATOR KRUEGER:   Thank you.

 2                 Between last year's budget and this 

 3    year's budget, we're putting in a total of 

 4    150 million more dollars to expand capacity of 

 5    childcare centers in this state.

 6                 SENATOR STEC:   Thank you.  

 7                 Mr. President, through you, if the 

 8    sponsor will yield again.  Part O.

 9                 THE PRESIDENT:   Does the sponsor 

10    yield?

11                 SENATOR KRUEGER:   I will.

12                 THE PRESIDENT:   The sponsor yields.  

13                 SENATOR STEC:   All right.  Now, 

14    going to Part O, juvenile justice -- or, I'm 

15    sorry, the maximum state aid rates for voluntary 

16    agencies.  

17                 How many counties currently do pay 

18    the hundred percent of the applicable rates 

19    published by OCFS for care provided to foster 

20    children?  How many counties are already at 

21    100 percent?

22                 SENATOR KRUEGER:   Section O is on 

23    foster care, not childcare.  Just wanted to make 

24    sure, double-checking.  

25                 So how many counties -- I'm afraid 


                                                               2465

 1    we don't know how many counties have 100 percent 

 2    coverage.  If, through you -- is this another one 

 3    of those questions as a lawyer you know the 

 4    answer to?  

 5                 SENATOR STEC:   No.  I told you I 

 6    didn't know.

 7                 SENATOR KRUEGER:   Okay.

 8                 SENATOR STEC:   I wasn't kidding.

 9                 SENATOR KRUEGER:   We'll have to get 

10    back to you on that one.

11                 SENATOR STEC:   All right.  

12                 Mr. President, through you, if the 

13    sponsor could yield.

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR KRUEGER:   Yes, of course.

17                 THE PRESIDENT:   The sponsor yields.

18                 SENATOR STEC:   You'll see now where 

19    I'm heading, though.  

20                 Has the state provided additional 

21    funding for the implementation -- assuming, I'm 

22    sure it's safe to assume that 100 percent of the 

23    counties are not at 100 percent.  So has the 

24    state included additional funding for this 

25    mandate?  


                                                               2466

 1                 SENATOR KRUEGER:   So no, the state 

 2    doesn't have any additional funds.  

 3                 But it's not a mandate to get to a 

 4    hundred percent immediately.  There's a phase-in 

 5    over a period of time.  So hopefully between what 

 6    counties can do without additional help and the 

 7    expectation that the state will have to deliver 

 8    that extra help, we won't have a problem.  

 9                 But it would be a good issue for us 

10    to keep our eye on.

11                 SENATOR STEC:   Thank you, 

12    Mr. President.  If the sponsor would yield for 

13    one more question.

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR KRUEGER:   Yes.

17                 THE PRESIDENT:   The sponsor yields.

18                 SENATOR STEC:   Thanks, 

19    Senator Krueger.  And thank you for your time 

20    today.  It's been a long couple of days for all 

21    of us, especially you, so I appreciate that.  

22                 Clearly the point of my -- where I'm 

23    going is I'm concerned, as a former county 

24    official myself -- and most of us have local 

25    government roots -- very concerned about the 


                                                               2467

 1    state writing additional unfunded mandates on our 

 2    localities.  

 3                 Do you know what the approximate 

 4    cost to counties might be to implement -- become 

 5    fully up to the 100 percent mandate that we're 

 6    putting in tonight?  Understanding that we've got 

 7    a phase-in period and maybe a future budget might 

 8    address this.  But do you have an idea what the 

 9    size of that mandate is?

10                 SENATOR KRUEGER:   The estimate is 

11    that to hit 100 percent for the entire state 

12    would be approximately $200 million, of which 

13    110 million would be New York City-specific.

14                 SENATOR STEC:   Thank you.  

15                 Mr. President, on the bill briefly.

16                 THE PRESIDENT:   Senator Stec on the 

17    bill.

18                 SENATOR STEC:   Thank you, 

19    Mr. President.

20                 You know, clearly this is an 

21    example -- an important issue we all want to 

22    support.  We all want to do right by our 

23    children.  But again, it's really easy for us to 

24    sit here in Albany and issue mandates and tell 

25    local government, This is what you're going to 


                                                               2468

 1    do, and then not provide the funding.  That's 

 2    passing the buck.  It's not leadership.  

 3                 We do this a lot.  We've done this 

 4    for decades.  So the burden on this doesn't fall 

 5    certainly to any individual in this room.  But 

 6    we're carrying the ball now, and we need to make 

 7    sure that going forward, we're mindful of these 

 8    mandates.  It's not enough to just say something 

 9    ought to be so.  We need to have a plan to 

10    responsibly pay for it, whether it's this issue 

11    or any other issue that we deal with in this 

12    chamber.

13                 And then pivoting back to the Part 

14    L, you know, about the need for more -- it's 

15    great to make more kids eligible, but whether the 

16    kid is eligible or ineligible, the kid doesn't 

17    know that he doesn't have access to it because 

18    there's not enough workers.  And there's a lot 

19    that we can be doing to help our childcare 

20    situation by facilitating entry into the business 

21    of providing childcare.

22                 An ombudsman program or a program 

23    that the state could take on to facilitate the 

24    process of the bureaucracy -- most people that 

25    get into childcare do it because they're 


                                                               2469

 1    passionate about kids and they want to help kids 

 2    and they want to raise kids and they want to help 

 3    raise kids.  But they're not bureaucrats, they're 

 4    not all accountants, they're not all safety 

 5    experts.  And there are so many well-intended 

 6    barriers to entry into that line of work placed 

 7    on them through bureaucracies like those that we 

 8    oversee that are deterring people, good people, 

 9    from wanting to get into this line of work.

10                 So perhaps a good investment in the 

11    future would be to provide a way to streamline 

12    it, because we still want them to all have a safe 

13    environment, we don't want to just not regulate 

14    it and then have a tragedy happen.  That's the 

15    furthest thing that we want.  

16                 But there should be a way for us to 

17    streamline this so that we can pair up more kids 

18    with willing childcare providers so that we're 

19    doing right by our kids.  It's not enough to just 

20    throw money at a problem; sometimes we've got to 

21    come up with innovative solutions.  

22                 So that's the purpose of my two 

23    questions on these two areas today.  It's an area 

24    I think we generally agree on.  But we need to 

25    look one or two steps down the board and come up 


                                                               2470

 1    with some more detail behind that to make sure 

 2    that it works and we're not just throwing money 

 3    at a problem.  

 4                 Thank you, Mr. President.

 5                 THE PRESIDENT:   Okay.  Debate is 

 6    now closed.  

 7                 The Secretary will ring the bell.

 8                 Read the last section.

 9                 THE SECRETARY:   Section 3.  This 

10    act shall take effect immediately.

11                 THE PRESIDENT:   Call the roll.

12                 (The Secretary called the roll.)

13                 THE PRESIDENT:   Senator Brisport to 

14    explain his vote.

15                 SENATOR BRISPORT:   Thank you, 

16    Mr. President.

17                 You know, some will say that with 

18    many pieces of my Universal Childcare Act 

19    included in this budget, I should be presenting 

20    it as a victory.  And perhaps that would be the 

21    politically advantageous thing to do.  

22                 Some will say that this is an 

23    unprecedented win for us.  And given the historic 

24    underfunding that created the childcare crisis, 

25    they are absolutely correct.


                                                               2471

 1                 The trouble is when the Universal 

 2    Childcare Act was never about scoring political 

 3    points, and when we said that this crisis cannot 

 4    be meaningfully addressed with less than the 

 5    Legislature's budget proposals, it wasn't a 

 6    tactic.  We meant what we said.  This is not a 

 7    game, it is an emergency.  

 8                 Our entire economy is precariously 

 9    balanced on the backs of underpaid childcare 

10    workers and overburdened families.  One by one, 

11    across the state, those backs are beginning to 

12    break.  This year's budget does not come remotely 

13    close to addressing this crisis.  That is why the 

14    Governor is working so hard to mislead the public 

15    with half-truths and empty platitudes after 

16    actively negotiating against childcare funding.  

17                 As if this were not bad enough, she 

18    has also chosen to explicitly exclude 

19    undocumented children, and she has packaged this 

20    shamefully inadequate childcare investment with a 

21    disgusting rollback to civil rights at the 

22    eleventh hour.  This bill not only fails all of 

23    New York's children and families, it actively 

24    reinforces mass incarceration.  

25                 If the Governor thinks she can call 


                                                               2472

 1    it a day on childcare, she is deeply mistaken.  

 2    Throughout my 10-week childcare listening tour 

 3    across all of New York State, parents and 

 4    childcare workers were perfectly clear:  Settling 

 5    is not an option.  This fight is a matter of 

 6    survival -- for their families, for their 

 7    communities, and for the entire childcare sector.

 8                 I stand with them today as I vote 

 9    nay on this bill, and I will stand with them 

10    tomorrow as we renew the fight for universal 

11    childcare in New York.

12                 Thank you.

13                 THE PRESIDENT:   Senator Brisport to 

14    be to be recorded in the negative.

15                 Senator Jackson to explain his vote.

16                 SENATOR JACKSON:   Thank you, 

17    Mr. President.  

18                 My colleagues, I rise after many 

19    days of intense negotiations, and in good faith 

20    we are called to vote today on a budget that 

21    invests in the future of our state.  However, 

22    this isn't called the Big Ugly for nothing.  It's 

23    a cruel irony that this bill includes investments 

24    in one of the things that I hold to be the most 

25    fundamental in addressing public safety and 


                                                               2473

 1    inequities -- and that is education -- while also 

 2    making changes to criminal justice that slides us 

 3    back to a culture of discriminatory practices 

 4    that has caused long-term damages in our 

 5    community.

 6                 So here we are, Mr. President, 

 7    deciding on whether or not to vote on a bill that 

 8    acknowledges the importance of investing in 

 9    education, workforce and family while considering 

10    last-minute proposals provided by the Executive 

11    that are based on fear, not on the needs for 

12    access for mental health support and 

13    interventions, dignified and deeply affordable 

14    housing, and healthcare.  Not to mention an 

15    irresponsible and terrible deal with a 

16    billionaire who is more than capable of paying 

17    for this stadium without state funds.

18                 On behalf of the children of 

19    New York State, I thank you for the continued 

20    phase-in of Foundation Aid to support all schools 

21    in providing students their constitutional right 

22    to a sound, basic education.

23                 I now look forward to another cause 

24    to walk 150 miles.  In providing the long overdue 

25    funding, we have to go further by creating 


                                                               2474

 1    accountability to those dollars and accomplish 

 2    what the evidence says works, and that is 

 3    reducing class size.  

 4                 I look forward to discussing with my 

 5    colleagues Senator John Liu and Senator Shelley 

 6    Mayer my bill on updating the language in the 

 7    Contract for Excellence, and I am happy to see 

 8    that for the first time in a very, very long 

 9    time, mayoral control is no longer a political 

10    tool used in a budgetary process.  We took it out 

11    of the budget and can now have thoughtful 

12    conversations with all stakeholders, many of whom 

13    we heard from in a hearing held earlier this year 

14    by my colleague John Liu.  

15                 I proudly sponsor Turn on the TAP, 

16    S4464, to repeal the ban preventing people who 

17    are incarcerated from receiving tuition 

18    assistance.  Providing college opportunities by 

19    restoring TAP awards for incarcerated people is 

20    critical for their future and the betterment of 

21    our society.  It helps reduce recidivism and 

22    offers them dignity and opportunities to gain 

23    employment and a productive life after 

24    incarceration.  

25                 It is the kind of investment that 


                                                               2475

 1    makes sense.  And I thank all the parties 

 2    involved, including the advocates, for making 

 3    this happen.  

 4                 But today, Mr. President, we 

 5    continue to address New York's workforce 

 6    development and infrastructure needs by needs to 

 7    be more just and compassionate.  And I'm very 

 8    pleased that the Senate negotiated --

 9                 THE PRESIDENT:   Senator Jackson.  

10    Senator Jackson --

11                 SENATOR JACKSON:   -- changes in 

12    Tier 5 and Tier 6, making sure New Yorkers who 

13    work mandatory hours are being afforded the 

14    opportunity of not being penalized for their 

15    dedication by a pension investment period that is 

16    reduced from 10 years to five years.  It is 

17    something to rejoice --

18                 THE PRESIDENT:   Senator Jackson.

19                 SENATOR JACKSON:   -- but more needs 

20    to be done, Mr. President.  And I look forward to 

21    working with labor and my colleagues to realize 

22    the full menu of reforms so that the state can 

23    attract and retain a talented and diverse -- 

24                 THE PRESIDENT:   Senator Jackson, 

25    how do you vote?


                                                               2476

 1                 SENATOR JACKSON:   Yes, 

 2    Mr. President?  

 3                 THE PRESIDENT:   Please.  You have a 

 4    two-minute time limit.

 5                 SENATOR JACKSON:   How do I vote?

 6                 THE PRESIDENT:   Yes, sir.

 7                 SENATOR JACKSON:   Can I finish this 

 8    so I can explain my vote?

 9                 THE PRESIDENT:   So you can explain 

10    your vote?  You weren't explaining your -- 

11    Senator Jackson.  

12                 SENATOR JACKSON:   Okay, let me just 

13    put these two pages down and I'll come to the 

14    last page, Mr. President.  

15                 (Extended laughter.)

16                 SENATOR JACKSON:   I just put it 

17    down.  

18                 There's a great deal of good in this 

19    bill, undermined by the bad process that forces 

20    poor billionaires' deals and policy changes that 

21    have nothing to do with making our lives safe.  

22                 And I thank the Majority Leader, 

23    Andrea Stewart-Cousins, the Deputy Majority 

24    Leader, Senator Gianaris, my colleagues, and all 

25    of the staff for their hard work.  


                                                               2477

 1                 I vote aye for the good --

 2                 THE PRESIDENT:   Praise the Lord.

 3                 SENATOR JACKSON:   -- with the hope 

 4    that we can come together as a state in unity to 

 5    raise up all New Yorkers.

 6                 THE PRESIDENT:   Senator Jackson to 

 7    be recorded in the affirmative.

 8                 (Cheers, applause.)

 9                 THE PRESIDENT:   Senator Harckham to 

10    explain his vote.

11                 SENATOR HARCKHAM:   Thank you, 

12    Mr. President.  I promise to be brief.

13                 I just wanted to comment on three 

14    things on the debate.  I will be voting yes on 

15    this bill.  

16                 First, I want to say that nobody in 

17    this room has done more to help our seniors and 

18    more to fight for home care and did more for 

19    nursing homes than Senator May.  

20                 And I just want to comment that when 

21    we hear remarks -- and we heard them earlier, it 

22    had to do with the COLA -- that when folks who 

23    are in the Minority who used to be in the 

24    majority and presided with the former Governor 

25    over 10 years of disinvestment in the human 


                                                               2478

 1    services sector, and then criticizes the folks 

 2    who are trying to reinvest, to me that's just 

 3    cynical politics.  That's point one.

 4                 Point number two.  On a happy note, 

 5    I want to thank Senator Mayer, I want to thank 

 6    Senator Liu, I want to thank Senator Stavisky, I 

 7    want to thank Senator Jackson and our leadership 

 8    with the Majority Leader, Andrea Stewart-Cousins.  

 9    When we became the Majority, it was our joint 

10    pledge to restore Foundation Aid, and education 

11    was our number-one issue.  And this budget 

12    advances Foundation Aid, it advances pre-K, it 

13    advances childcare, and we are continuing to make 

14    those observations.

15                 Finally, I want to thank Senator 

16    Bailey for his courageous work in a very, very 

17    complex field.  I want to just put a couple of 

18    facts on the record.  I'm not here to debate 

19    criminal justice reform.

20                 We hear the NYPD cited quite 

21    frequently as the bellwether of information.  A 

22    lot of NYPD members in my district.  I have the 

23    highest regard for them.  However, their own 

24    statistics show they solve less than 30 percent 

25    of serious crime in New York City.  


                                                               2479

 1                 So it doesn't matter whether we're 

 2    talking about bail or remand if we are not 

 3    catching the perpetrators of violent crime.  If 

 4    they know they have a 70 percent chance of going 

 5    free, I think that's something that we should be 

 6    talking about.

 7                 Point number two, bail versus 

 8    remand.  When the commissioner of DCJS testified 

 9    at the budget hearing, her figures were more 

10    people out on bail reoffend than people out on 

11    remand reoffend -- those are DCJS numbers -- 

12    30 percent to 20 percent.  

13                 So let's look in the case of 

14    New York recently where a woman pushed an old 

15    vocal teacher to the sidewalk to her death.  She 

16    was freed on $500,000 bail because her mother put 

17    up the bond.  Are we safer because she is out on 

18    bail and someone who might have done something 

19    similar is not?

20                 THE PRESIDENT:   Senator Harckham.  

21                 SENATOR HARCKHAM:   I will finish in 

22    one moment.  

23                 (Laughter.)

24                 SENATOR HARCKHAM:   Last point, 

25    Mr. President.  I want to talk about what makes 


                                                               2480

 1    neighborhoods safe.  I have, if you look at the 

 2    FBI statistics, some of the safest communities in 

 3    the nation in my district.  And it's not because 

 4    they over-police Black and brown communities, 

 5    it's they have good institutions, great schools 

 6    with robust after-school programs, access to 

 7    great healthcare, to jobs, to transportation.  

 8                 And those are the things that we 

 9    should be focusing on in every community so we 

10    have the holistic foundations for success and 

11    safe communities.  

12                 I vote aye.  Thank you.

13                 THE PRESIDENT:   Senator Harckham to 

14    be recorded in the affirmative.

15                 SENATOR GIANARIS:   Mr. President.

16                 THE PRESIDENT:   Yes, sir.

17                 SENATOR GIANARIS:   I implore my 

18    colleagues, please, it's 10:30 p.m.  We have 

19    three more bills to go.  We have a two-minute 

20    limit on vote explanations.  Let's stick to it.  

21                 And, Mr. President, please enforce 

22    the rule.  

23                 THE PRESIDENT:   Will do.  

24                 Senator May to explain her vote.

25                 SENATOR MAY:   Thank you, 


                                                               2481

 1    Mr. President.  Short (waving paper).

 2                 Over the last year I have had the 

 3    privilege of working hand in hand with the Caring 

 4    Majority, a diverse, beautiful coalition of 

 5    people who dedicated months of their lives to the 

 6    struggle for Fair Pay for Home Care -- coming to 

 7    Albany, visiting their legislators, attending 

 8    rallies, telling their stories.  

 9                 Skilled home care workers explaining 

10    how they love their jobs but can't afford to feed 

11    their own kids or buy health insurance on minimum 

12    wage.  People who depend on care who literally 

13    live with the fear that they won't be able to get 

14    out of bed in the morning because they can't find 

15    caregivers.  Family members whose love has lit up 

16    the Capitol as they advocated for spouses, 

17    parents or children who just want to live 

18    independent, dignified lives.  

19                 To these champions:  You have not 

20    gotten what you asked for in this budget.  But 

21    everyone across the state has heard you and seen 

22    you.  I would not do this work -- I couldn't do 

23    it if I didn't have the heart of an optimist.  

24    And I say to you, this budget is not the end.  

25    This is a start.  


                                                               2482

 1                 Between the $3 raise and indexing to 

 2    the minimum wage, upstate home care workers could 

 3    see a rise of almost $5 an hour in coming years.  

 4                 Thanks to your advocacy and the 

 5    tenacity of our Senate Majority Leader, our state 

 6    is committing in this bill to the biggest 

 7    investment in home care wages any state has ever 

 8    made.  Please know your stories are seared into 

 9    our hearts.  We will not forget them.  You have 

10    taught us to move forward with love, no matter 

11    the barriers.  

12                 Mr. President, I vote aye.  But 

13    please tell the Governor:  We will keep fighting 

14    until we achieve true fair pay for home care.  

15                 Thank you.

16                 THE PRESIDENT:   Senator May to be 

17    recorded in the affirmative.

18                 Senator Biaggi to explain her vote.

19                 SENATOR BIAGGI:   Thank you, 

20    Mr. President.

21                 In the wake of our former 

22    executive's unethical behavior and a much-needed 

23    change in executive leadership, today's 

24    opportunity to establish a new ethics body that 

25    can finally turn the page on the endemic 


                                                               2483

 1    corruption in New York State government 

 2    unfortunately misses the mark.  

 3                 I want to be very clear that I have 

 4    long advocated for repealing JCOPE, New York 

 5    State's ethics body, and building an entirely new 

 6    and independent ethics entity from the ground up.  

 7    I was proud to chair two hearings last year to 

 8    further that goal.  But I cannot in good 

 9    conscience support the proposal that we are 

10    advancing today.  

11                 While this bill does make 

12    improvements that are good, it still fails to 

13    correct the structural shortcomings of JCOPE, and 

14    unfortunately all that it feels like we are doing 

15    is painting over mold without removing the rot.

16                 This proposal allows political 

17    appointees.  And furthermore, the only safeguard 

18    here is law school deans who essentially are 

19    laundering the names of the political 

20    appointments without any kind of clear direction.

21                 I also want to address the rollbacks 

22    to bail reform in this bill.  We cannot forget 

23    that making a crime bail-eligible does not mean 

24    keeping someone in jail.  It means keeping 

25    someone in jail only if they are poor.  I'll 


                                                               2484

 1    repeat that.  Bail only serves to keep someone in 

 2    jail if they are poor.

 3                 Cash bail is an inherently unfair 

 4    system, and it does not advance safety in our 

 5    communities.  It was simply not set up to do so.

 6                 I also want to say that criminal 

 7    justice reform and victims' rights are not in 

 8    contrast to each other.  As a survivor of sexual 

 9    assault, I am incredibly committed to victims' 

10    rights, but I'm also committed to criminal 

11    justice reform.  

12                 And let me also be clear.  

13    Communities are safe when people are housed.  

14    Communities are safe when schools are fully 

15    funded so that every child in every zip code has 

16    access to high-quality education.  Communities 

17    are safe when people have access to affordable 

18    healthcare, when a person has the opportunity for 

19    a well-paying job so that they can make a living 

20    wage.  

21                 So much of our conversation around 

22    criminal justice reform is focused on what 

23    happens after the gun goes off.  Let's be real 

24    and focus on what happens before the gun goes 

25    off.  Because the reality is that the only way 


                                                               2485

 1    that our communities will truly be safe is by 

 2    investing in them to make sure that every human 

 3    being, not just in New York but in this entire 

 4    country, is actually able to have a life that is 

 5    one with dignity.  

 6                 Yes, I vote in the negative.  And I 

 7    will just finally say that instead of investing 

 8    in our communities, our Governor also insisted on 

 9    handing out corporate welfare to the 

10    fifth-highest-paid owner in the NFL, and I firmly 

11    oppose that.  

12                 Thank you very much.

13                 THE PRESIDENT:   Thank you.  

14                 Senator Biaggi to be recorded in the 

15    negative.

16                 Senator Salazar to explain her vote.

17                 SENATOR SALAZAR:   Thank you, 

18    Mr. President.

19                 There is a great deal of policy in 

20    this budget that I fully support, and in this 

21    bill as well.  And I thank the staff and the 

22    leader of our conference for their unrelenting 

23    work to secure investments in public education, 

24    in workforce development, in childcare, and much 

25    more.  


                                                               2486

 1                 But I cannot vote for this bill, 

 2    primarily because I cannot accept an expansion of 

 3    the criminalization of poverty.  

 4                 In 2019 we passed changes to the law 

 5    that have had a profound positive impact in the 

 6    lives of countless New Yorkers, particularly in 

 7    my district -- and eliminated some of the 

 8    racially discriminatory practices in our legal 

 9    system.  

10                 There is no evidence or data that 

11    supports any claim that bail reform has led in 

12    any way to or been connected to a rise in crime.  

13    And yet the changes in this bill will result in 

14    even more individuals being held in pretrial 

15    detention, more people being held in jail without 

16    having been convicted of a crime, many more 

17    people torn from their families, from their 

18    homes, their jobs, their education, due to being 

19    accused of a crime and unable to pay the ransom 

20    for their freedom.

21                 We cannot legislate based on 

22    reactionary scare tactics, and for that reason I 

23    vote in the negative.

24                 THE PRESIDENT:   Senator Salazar to 

25    be recorded in the negative.


                                                               2487

 1                 Senator Bailey to explain his vote.

 2                 SENATOR BAILEY:   Thank you, 

 3    Mr. President.

 4                 I'd like to thank my colleagues on 

 5    the other side of the aisle for a spirited 

 6    debate.

 7                 The reason I want to thank them is 

 8    because of a word called credibility.  You are 

 9    all credible in your districts; otherwise, you 

10    wouldn't be here.

11                 It is incumbent upon credible people 

12    to notify those who trust them to tell them the 

13    truth.  We've spoken about a number of offenses 

14    about being bail-eligible, as if that means that 

15    someone is guilty.  Has anyone in this room been 

16    accused of something that they didn't do?  I dare 

17    to venture yes.  Should we say that you are that 

18    thing that you were accused of without fair due 

19    process?  I dare to say no.  

20                 Bail was defined, according to 

21    New York courts -- I just want to make sure -- 

22    the security given or posted to ensure the future 

23    appearance of a defendant.  Our very own court 

24    system.  It doesn't say anything about punitive.  

25    It doesn't say anything about incarcerate because 


                                                               2488

 1    of dangerousness.  It says nothing of the sort.  

 2                 Credibility.  It is incumbent upon 

 3    those who are credible, those of you -- those of 

 4    us who are attorneys, if we needed a witness we 

 5    require, we call on an expert witness.  You are 

 6    the expert witnesses in your communities.  It is 

 7    incumbent upon you to tell them the truth about 

 8    what bail is and what bail is not.  To guarantee 

 9    a return to court -- nothing more, nothing less.  

10                 As far as discovery goes, this was a 

11    conversation that was had between many parties -- 

12    district attorneys and defenders -- and it was to 

13    clarify language that we had in good faith, to 

14    make sure that the wheels of justice continue to 

15    work well.  

16                 I'm grateful to our leader, Andrea 

17    Stewart-Cousins, for allowing me to be the chair 

18    of the Codes Committee and allowing me to be able 

19    to have these conversations.  

20                 To all my colleagues, regardless of 

21    your political affiliation, I thank you for your 

22    work here in this chamber.  I thank you for your 

23    work on this budget.  

24                 My vote on this budget is related to 

25    the African principle of ubuntu:  I am because 


                                                               2489

 1    you are.  And with that being said, 

 2    Mr. President, I vote in the affirmative.

 3                 THE PRESIDENT:   Senator Bailey to 

 4    be recorded in the affirmative.

 5                 Senator Rivera to explain his vote.

 6                 SENATOR RIVERA:   Thank you, 

 7    Mr. President.  

 8                 I'm the chair of the Health 

 9    Committee in the Senate.  And at the beginning of 

10    the process, ironically enough, I would have told 

11    you that this was the best budget that I've seen 

12    in the time that I've been here.  And it is true.  

13    As a matter of fact, much of what was in that 

14    original budget is still in this budget.  

15                 And I would say three weeks ago, if 

16    you would have asked me if we'd have passed it on 

17    time, it would have been an early budget, it 

18    would have been a great budget, I would have 

19    voted for it proudly.  

20                 However, I'm very sad to say our 

21    staff has not failed, our leader has not failed, 

22    Governor Hochul has failed.  Governor Hochul has 

23    failed because three weeks before we were done 

24    with this budget, all of a sudden injected into 

25    the conversation were budget issues that had 


                                                               2490

 1    nothing to do with the budget, Mr. President.  

 2                 And you know very well because, 

 3    sadly, you were going around defending these 

 4    actions which the Governor took, which ultimately 

 5    meant that here we are, eight days after 

 6    April 1st -- or seven days after April 1st, and 

 7    we still do not have a budget.  But we will have 

 8    one today.  

 9                 I know that every budget is never 

10    perfect -- no budget is ever perfect.  And I know 

11    that this bill has things in it that I've paid -- 

12    that I fought for.  We have versions of fair pay 

13    in here that I can live with.  We have versions 

14    of the worker bonus that I can live.  We have 

15    Medicaid expansion or Essential Plan expansion 

16    versions that I can vote for.  

17                 But I cannot and will not vote in 

18    the positive on this particular bill because of 

19    the process and because of what is ultimately in 

20    this bill.  Every Big Ugly is ugly.  This one I'm 

21    sad to say is uglier.  I've said it many times 

22    that the Governor that we have today is not the 

23    sociopath that we had before, and I repeat it 

24    today.  She is a good person.  I believe that.  

25                 But she failed us, Mr. President.  


                                                               2491

 1    She failed us because ultimately she put a bill 

 2    in front of us which has all sorts of things that 

 3    have nothing to do with the budget, she held 

 4    everything back for the sake of what seems to be 

 5    political trickery.  And I am very sad to say 

 6    that.  She is a good person, but this is not a 

 7    good budget bill.  I cannot and will not vote for 

 8    it.  

 9                 I vote in the negative.  Thank you, 

10    Mr. President.

11                 THE PRESIDENT:   Senator Rivera to 

12    be recorded in the negative.

13                 Senator Oberacker to explain his 

14    vote.

15                 SENATOR OBERACKER:   Thank you, 

16    Mr. President.  

17                 As a freshman legislator and as a 

18    businessman, I cannot support this measure, and 

19    vote in the negative.

20                 Thank you.

21                 THE PRESIDENT:   Senator Mattera to 

22    explain his vote.

23                 SENATOR MATTERA:   Thank you, 

24    Mr. President.  

25                 On this bill, this is interesting, I 


                                                               2492

 1    was looking forward to seeing some kind of a bill 

 2    that was going to be productive.  You know, and I 

 3    was listening to Senator Bailey, and I was 

 4    watching him, I watched his facial expressions, 

 5    you know, about the questions, especially with 

 6    Senator O'Mara going down a list of 261 offenses.  

 7    We would have been here all night to go through 

 8    all these lists of crimes that are not 

 9    bail-eligible.  And then finally Senator Bailey 

10    went and just said, Please, you know, let's stop.  

11                 You know, this bail reform does not 

12    work.  It didn't work the first time.  It did not 

13    work the second time.  And the third time it was 

14    not the third time a charm.  This is a failure.  

15    It is a failure for the process, it's a failure 

16    for this budget.  This bail reform needs to be 

17    repealed totally, and get the professionals at 

18    the table.  Get our district attorneys, get our 

19    PBAs, and get our judges to the table and let's 

20    fix this right the first time.

21                 This should not be in with the Bills 

22    stadium.  This is -- this is something so 

23    important, the most important part of the budget.  

24    Everybody knows in this room and everybody in 

25    New York State knows that bail reform was the 


                                                               2493

 1    most important thing for this legislative body to 

 2    make sure we were going to fix it right this 

 3    time.  And you know what?  This has failed.  

 4                 Law and order is so important for 

 5    our families, our friends and our neighbors.  And 

 6    you know what?  Our law enforcement lost their 

 7    tools because of bail reform.  I'm in the 

 8    plumbing industry.  I go to someone's house, I 

 9    don't have tools to fix your plumbing.  That's 

10    what we did to our law enforcement.  We took the 

11    tools away from them to do their job.

12                 You know, I can sit there and say 

13    all day long about what happened here today.  But 

14    I'm going to say it again:  The reason why I'm 

15    voting no, Mr. President, for this bill is 

16    because it needs to be repealed.  And guess what, 

17    the third time it did not work.  

18                 Thank you.

19                 THE PRESIDENT:   Senator Mattera to 

20    be recorded in the negative.

21                 Senator Hinchey to explain her vote.

22                 SENATOR HINCHEY:   Thank you, 

23    Mr. President.

24                 I will be voting aye on this bill, 

25    but not because I think it is perfect.  There are 


                                                               2494

 1    things that I wish were in this bill, like 

 2    coverage for all.  I wish that we could have 

 3    delivered for the Caring Majority, the group that 

 4    fought so hard and so valiantly to raise the 

 5    wages of home care workers so that everyone 

 6    across our state can live with dignity and 

 7    respect, and those workers can live with dignity 

 8    and respect.  

 9                 I wish we were able to do everything 

10    that they wanted, but we did get a start.  And I 

11    rise today to pledge to them that this is just 

12    the beginning of our fight.  This is just the 

13    beginning of our work to make sure that everyone 

14    is paid fairly and that everyone can receive the 

15    home care that they need.

16                 There are things in this budget that 

17    are incredibly exciting.  We still have record 

18    education funding, expanded UPK slots, pre-K 

19    slots for people across our district.  We have 

20    expanded the Farm to School program to finally 

21    include breakfast, making sure that students 

22    across our state will eat good, healthy, locally 

23    sourced farm-fresh food, making our students 

24    healthier.  

25                 We've elevated the Division of 


                                                               2495

 1    Veterans' Affairs to the New York State 

 2    Department of Veterans' Services, which is 

 3    critical to get our veterans the support that 

 4    they need and something that I know 

 5    Senator Brooks and so many others have been 

 6    fighting to do for years.  

 7                 We are doing Tier 6 reform, helping 

 8    our public employees.  

 9                 And while it is not enough, we have 

10    started our universal childcare expansion and 

11    something that many families in my district will 

12    be able to take advantage of.

13                 There is a lot more that we should 

14    be doing, but that's because we have decades of 

15    disinvestment and underinvestment that we are 

16    working as a body to undo.  That is going to take 

17    billions and billions of dollars to undo the work 

18    that we are now saddled with.  

19                 And so while I wish that we could do 

20    it all at once, I wish that we could be standing 

21    here celebrating all the wins that we set out to 

22    achieve just a few weeks ago, I'm proud of the 

23    steps that we've been able to take in the right 

24    direction, and for that I vote aye.

25                 THE PRESIDENT:   Senator Hinchey to 


                                                               2496

 1    be recorded in the affirmative.

 2                 Senator Ramos to explain her vote.

 3                 SENATOR RAMOS:   Mr. President, this 

 4    budget bill is ug-ly.  How ugly is it?  It's so 

 5    ugly that it really does put a lot of the burden 

 6    on women of color, women who look like me.  

 7                 If we're not the ones being 

 8    incarcerated for crimes of poverty, then we're 

 9    left as single moms.  And if we happen to work in 

10    the care economy -- in home care, in childcare -- 

11    this budget does nothing for us there either.  

12    And if you happen to be an undocumented mom, like 

13    my mom once was, well, this budget doesn't help 

14    you with healthcare or with the childcare 

15    services or perhaps your home care wages either.

16                 And so I can't help but feel 

17    tremendously disappointed to see that we haven't 

18    done anything to truly address what this budget 

19    should do, which is the recovery after the 

20    pandemic.

21                 And look, I had the honor of passing 

22    excluded workers in the budget last year.  I did 

23    expect to do more.  There's 75,000 eligible 

24    excluded workers who applied and have been 

25    ignored.  There's 100,000 additional estimated 


                                                               2497

 1    excluded workers who are going to go on without a 

 2    cent of economic recovery following this 

 3    pandemic.  And these are essential workers.  We 

 4    all clapped for them at 7 o'clock.  We trust them 

 5    to clean our homes, we trust them to help us 

 6    raise our children, to care for our aging 

 7    parents.  And yet we have nothing to show for 

 8    them but a damn stadium.

 9                 And to me, that's just completely 

10    outrageous, that this is our response to the 

11    people of New York having faced one of the most 

12    difficult times of our lives.

13                 Just to briefly address the budget 

14    reform stuff.  You know, I don't really believe 

15    that it's our job as a society to become 

16    harm-doers too.  It's about honoring victims by 

17    ensuring that the wrongdoing doesn't happen 

18    again.  And that's not throwing people away in a 

19    dungeon.  

20                 To me, this debate is much more 

21    about where people go.  Harmdoers should be 

22    identified at arraignment, should be evaluated at 

23    arraignment, should be treated, Medicaided by a 

24    clinician.  Not a judge, not a prosecutor, not 

25    any expert in the law.


                                                               2498

 1                 And so to me, it's much more about 

 2    honoring the presumption of innocence.  And I 

 3    just feel very disappointed about how the process 

 4    for this in bill transpired, and I will be voting 

 5    nay.

 6                 THE PRESIDENT:   Senator Ramos to be 

 7    recorded in the negative.

 8                 Senator Mayer to explain her vote.

 9                 SENATOR MAYER:   Thank you, 

10    Mr. President.  And I rise to proudly vote aye on 

11    this bill.  

12                 From the perspective of someone who 

13    has been around this place and this institution 

14    for many years, when you think back on how many 

15    years it took Senator Jackson and others in this 

16    chamber to get to full funding of Foundation 

17    Aid -- something that, notably, no one wanted to 

18    debate here.  Everyone is taking it as a given.  

19    It is not a given.  This was a war to get this 

20    full funding of Foundation Aid.  We got it last 

21    year because of the persistence of our Majority 

22    Leader and the Speaker of the Assembly and our 

23    colleagues on this side of the aisle and the 

24    other side of the aisle.  And this year we have 

25    the second tranche of that money, getting to 


                                                               2499

 1    80 percent of what every district is owed.  An 

 2    enormous investment in every child in this state, 

 3    in expanded full-day pre-K for 4-year-olds 

 4    outside the City of New York.  Never on -- never 

 5    ever on the table before.  Now it's on the table.

 6                 When you talk about Fair Pay for 

 7    Home Care, I share the disappointment of my 

 8    colleague Senator May who did such a valiant job.  

 9    But we got our foot in the door.  We got our foot 

10    in the door to begin a conversation that had been 

11    ignored for years.  

12                 And lastly, on criminal justice 

13    reform.  I was proud to support the reforms that 

14    this Majority Conference brought to the table.  

15    But I also have called for change.  And credit to 

16    our Majority Leader, and credit to Senator 

17    Bailey, for finding a way forward to address 

18    legitimate concerns of our constituents and 

19    finding a path forward.  

20                 That is the challenge of us as 

21    legislators, to have respected that what we can 

22    do to make meaningful change.  And we have done 

23    that in this budget.  Is it perfect?  Absolutely 

24    not.  Is any budget here perfect?  Absolutely 

25    not.  


                                                               2500

 1                 This is a substantial step forward 

 2    on issues that have been around a long time, were 

 3    ignored by so many people up here, and now are 

 4    finally getting addressed in the right direction.  

 5                 I proudly vote aye.

 6                 THE PRESIDENT:   Senator Mayer to be 

 7    recorded in the affirmative.

 8                 Senator Liu to explain his vote.

 9                 SENATOR LIU:   Thank you, 

10    Mr. President.  

11                 It's been a -- you know, a very 

12    eventful last few weeks.  Lots of emotions, lots 

13    of passion.  As it should, because we're all 

14    elected to represent our constituencies, our 

15    communities in the best way possible.  

16                 This budget has a lot of things that 

17    you've got to hold your nose about.  At the same 

18    time, it is a budget that we must proceed with.  

19                 And as Senator Mayer and others have 

20    mentioned, we continue our commitment to public 

21    education all across the State of New York.  For 

22    the first time in decades, we're reversing the 

23    disinvestment in our public universities, CUNY 

24    and SUNY.  For the first time in decades, we're 

25    reversing the disinvestment in our home care 


                                                               2501

 1    workers by advancing fair pay.  Not to the amount 

 2    that we'd like, but it is still a significant 

 3    advancement.  And for the first time we're also 

 4    starting to invest in infrastructure and 

 5    childcare.  

 6                 Not a perfect budget, as pretty much 

 7    everybody has said.  But we need to move forward, 

 8    do the job that we were elected to do.  

 9                 Mr. President, I vote yes.  And 

10    since I have time remaining, I yield my time to 

11    Senator Kennedy.  

12                 (Laughter.)

13                 THE PRESIDENT:   Senator Liu to be 

14    recorded in the affirmative.

15                 Senator Cooney to explain his vote.

16                 SENATOR COONEY:   Thank you, 

17    Mr. President.

18                 Now, I wasn't in office when we 

19    first had the conversations in these chambers 

20    about bail reform, but I'm here now.  And I'm so 

21    proud to represent my hometown of Rochester.  

22                 But let's be clear.  It is still an 

23    injustice that the size of one's wallet would 

24    determine whether or not someone sits in jail.  

25    And it's important to me and the constituents 


                                                               2502

 1    that I represent that we do not continue to 

 2    criminalize poverty.

 3                 However, it is also important to my 

 4    district that we increase public safety, we 

 5    prioritize getting illegal guns off of our 

 6    streets, and we hold those charged with repeat 

 7    offenses accountable.  That's what we're doing in 

 8    this bill right here tonight.

 9                 Like many cities in the wake of this 

10    pandemic, we continue to be plagued by increased 

11    rates of gun violence.  This past year in 

12    Rochester we had 81 homicides -- 81 homicides.  

13    This is a top concern for our community 

14    leadership, our new mayor, Malik Evans, our 

15    sheriff, Todd Baxter.  

16                 But it's also for our neighborhood 

17    leaders, our local law enforcement and the 

18    families and the victims of these crimes, 

19    including Julius Greer, whose 14-year-old son was 

20    shot dead just at the beginning of this year.  

21                 These are commonsense revisions to 

22    public safety in this budget that will save lives 

23    and also increase that feeling of safety that so 

24    many New Yorkers seem to have lost.  

25                 I am so proud to be part of a 


                                                               2503

 1    Majority under the leadership of our 

 2    Majority Leader, Andrea Stewart-Cousins, who 

 3    leads, who looks and listens to what the 

 4    community needs.  

 5                 I will be voting aye.

 6                 THE PRESIDENT:   Senator Cooney to 

 7    be recorded in the affirmative.

 8                 Senator Borrello to explain his 

 9    vote.

10                 SENATOR BORRELLO:   Thank you, 

11    Mr. President.

12                 Senator Bailey pointed out that the 

13    purpose of bail is to ensure that someone returns 

14    to face their trial.  Well, I can tell you that 

15    this is not just an issue of credibility, it's 

16    also an issue of the urgency that we need to make 

17    real changes, not clarifications.  

18                 Because in the little town of 

19    Ischua, in my district, last month there were 

20    15 people that were given appearance tickets to 

21    appear before the judge for criminal charges.  

22    Zero of those 15 people showed up.  So how are we 

23    guaranteeing that people are going to show up for 

24    their trial when we don't apply bail?  

25                 Now, the interesting part of that is 


                                                               2504

 1    10 of those 15 were from the previous month, so 

 2    this was their second strike.

 3                 We have people there at the courts 

 4    that are there to obviously handle those cases.  

 5    That's a tremendous amount of resources for a 

 6    little community like that.  And we failed them.  

 7                 And tonight what we have said is 

 8    we're doing some clarifications to bail.  I've 

 9    heard a lot of consternation, a lot of 

10    handwringing about changes.  But I asked the 

11    question, and the answer was very clear:  They're 

12    clarifications.  

13                 We need to repeal this disastrous 

14    law.  And by the way, speaking of credibility, 

15    I'm not sure why bail changes are in a bill about 

16    education and labor.  I don't see how that's 

17    credible.  

18                 So as a result, I'm voting no.  

19                 Thank you, Mr. President.

20                 THE PRESIDENT:   Senator Borrello to 

21    be recorded in the affirmative {sic}.  

22                 Senator Reichlin-Melnick to explain 

23    his vote.  

24                 Oh, I'm sorry, I apologize.  I did 

25    not mean to offend you.  


                                                               2505

 1                 (Laughter.)

 2                 THE PRESIDENT:   I'm sorry.  Senator 

 3    Borrello to be recorded in the negative.

 4                 Senator Reichlin-Melnick to explain 

 5    his vote.

 6                 SENATOR REICHLIN-MELNICK:   Thank 

 7    you very much, Mr. President.  

 8                 And it's late, so I'll be brief.  

 9                 I think there are some great things 

10    in this bill, some things less great, a lot of 

11    half-loaves, but one very full loaf that I'm 

12    happy to celebrate, and that's the continued 

13    funding of Foundation Aid for our school 

14    districts.  

15                 I'm new here, this is my second year 

16    in office.  But for so many years leading up to 

17    last year, school districts all over New York 

18    never got the money they deserved from New York 

19    State.  

20                 My colleagues in the Senate Majority 

21    fought for that, none harder than Senator Mayer, 

22    the Education Committee chair, and finally last 

23    year we were able to get the first of a 

24    three-year phase-in of Foundation Aid, bringing 

25    billions of dollars -- 1.4 billion last year, 1.5 


                                                               2506

 1    this year -- back to our schools.  We'll do it 

 2    again next year.  That's money that makes a huge 

 3    difference for kids, for teachers, for families, 

 4    for our property taxpayers who are going to see 

 5    their taxes hopefully held flat.  

 6                 In my district last year when we 

 7    phased Foundation Aid just partway in, more than 

 8    half the districts I represent, the school 

 9    districts, held property taxes flat.  That's what 

10    people elected to come here and do, to look out 

11    for kids, look out for our taxpayers.  I'm 

12    delighted by that.  

13                 And I'm glad to see that this bill 

14    starts making the investment we need in 

15    childcare.  I agree with my colleague Senator 

16    Brisport, who fought for this; it does not go far 

17    enough.  We can and we should do more.  And I 

18    hope that we will, in future years.  But I'm glad 

19    to see a renewed push for childcare, that we're 

20    going to get more into it.  

21                 I also understand where my colleague 

22    Senator May is coming from.  She's been fighting 

23    for the fair pay for home care for so long.  This 

24    bill starts us down that path, and it raises 

25    wages.  Again, it does not go as far as I think 


                                                               2507

 1    almost everybody in this chamber would like to 

 2    see, but it gets us further than we've gotten in 

 3    a very long time.  

 4                 And I always believe that getting a 

 5    half a loaf or three-quarters of a loaf or 

 6    however much of a loaf you want is better than 

 7    taking nothing.  

 8                 And I am very happy that we are 

 9    moving things in the right direction, and so I 

10    proudly vote in the affirmative for this bill.

11                 THE PRESIDENT:   Senator 

12    Reichlin-Melnick to be recorded in the 

13    affirmative.

14                 Senator Savino to explain her vote.

15                 SENATOR SAVINO:   Thank you, 

16    Mr. President.

17                 I think I'm going to take part of 

18    Senator Kennedy's time -- just kidding.  Just 

19    kidding.  

20                 So change comes sometimes 

21    incrementally, sometimes slowly, and sometimes 

22    painfully slowly.  So just to keep things in 

23    perspective, this is my 18th budget.  In 2005 we 

24    passed the budget on time that year, March 31st.  

25    We actually stopped the clock, and we passed the 


                                                               2508

 1    budget.  And the budget in 2005 was $112 billion.  

 2                 Eighteen years later, it's 

 3    $220 billion.  So that means in that time we have 

 4    doubled the investment in the State of New York.  

 5    And what have we spent that money on?  We spent 

 6    it on things like fully phasing in Foundation 

 7    Aid, which started under Governor Eliot Spitzer.  

 8    It took that long to finally get there.  We've 

 9    invested in expanding access to education, to 

10    healthcare, to Child Health Plus.  Change comes 

11    incrementally and slowly.  

12                 Now, is there a lot of good in this 

13    budget?  Yes.  You've heard from my colleagues; 

14    I'm not going to reiterate all of them.  Some of 

15    them, though, I think are definitely worth 

16    mentioning.  Closing the -- fully funding the TAP 

17    gap, extending it to part-timers and non-degree 

18    students, that's a real game-changer for people.  

19    I believe it's right that we extend it to inmates 

20    because the best thing we can do is educate 

21    people so they don't go back to prison.  We want 

22    them to become fully functioning members of our 

23    society.  

24                 The investment in childcare is not 

25    enough, but it's a start, Senator Brisport.  It's 


                                                               2509

 1    a start.  Change comes incrementally, and we 

 2    continue working on that.  Tier 5 and 6 fixers, 

 3    we absolutely have to do that.  

 4                 Here's where we need to continue to 

 5    make good change, though.  I am profoundly upset 

 6    about the fact that we are continuing this child 

 7    welfare financing model, we're just saddling the 

 8    localities with more of the responsibility.  We 

 9    need to fix that.  Next year, you all need to fix 

10    that.  

11                 We need to fix the unfair funding 

12    formula for Raise the Age.  Saddling localities 

13    with it, they're not getting anything for it.  

14                 I support the efforts of everyone on 

15    trying to make the necessary changes to our bail 

16    reform law.  And I really appreciate how hard and 

17    difficult this was for so many people, 

18    particularly for Senator Bailey, who worked so -- 

19    so hard on this.  This was personal for him, and 

20    I think we should be recognizing how hard this 

21    was -- and particularly for Dorothy Powell, who 

22    put her heart and soul into trying to make sense 

23    out of a law that most people in the general 

24    public do not even understand.

25                 But again, change comes slowly and 


                                                               2510

 1    incrementally.  Who knows where we'll be in 

 2    18 years from now, what size the budget will be.  

 3    But with the right people here and their hearts 

 4    in the right place, the investments can only get 

 5    better.  

 6                 I vote in the affirmative, 

 7    Mr. President.

 8                 THE PRESIDENT:   Senator Savino to 

 9    be recorded in the affirmative.

10                 Announce the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 752, those Senators voting in the 

13    negative are Senators Akshar, Biaggi, Borrello, 

14    Boyle, Brisport, Gallivan, Griffo, Helming, 

15    Jordan, Lanza, Martucci, Mattera, Oberacker, 

16    O'Mara, Ortt, Palumbo, Ramos, Rath, Ritchie, 

17    Rivera, Salazar, Serino, Stec, Tedisco and Weik.

18                 Ayes, 37.  Nays, 25.

19                 THE PRESIDENT:   The bill is passed.

20                 Senator Gianaris, that completes the 

21    reading of the controversial calendar.

22                 SENATOR GIANARIS:   Thank you, 

23    Mr. President.  

24                 The members should know it's our 

25    intention to push through to conclusion on the 


                                                               2511

 1    budget tonight.  And now we, I think, are in a 

 2    position to break for party conferences.  

 3                 Please recognize Senator Palumbo.

 4                 THE PRESIDENT:   Senator Palumbo.  

 5                 SENATOR PALUMBO:   Thank you, 

 6    Mr. President.  

 7                 There will be an immediate 

 8    Republican conference in Room 315 of the Capitol.

 9                 Thank you.  

10                 THE PRESIDENT:   There will be an 

11    immediate Republican conference in Room 315 of 

12    the Capitol.  

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   And there will 

15    be an immediate Democratic conference virtually, 

16    so check your emails for the link.

17                 THE PRESIDENT:   There will be an 

18    immediate Democratic conference virtually.

19                 SENATOR GIANARIS:   The Senate will 

20    stand at ease.

21                 THE PRESIDENT:   The Senate stands 

22    at ease.

23                 (Whereupon, the Senate stood at ease 

24    at 11:05 p.m.)

25                 (Whereupon, the Senate reconvened at 


                                                               2512

 1    3:00 a.m.)

 2                 THE PRESIDENT:   The Senate will 

 3    come to order.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   Thank you, 

 6    Mr. President.  

 7                 First of all, let's take care of 

 8    some administrative business.  

 9                 Pursuant to Rule 5, I move that we 

10    stay in session past the hour of midnight.

11                 THE PRESIDENT:   So ordered.

12                 SENATOR GIANARIS:   And now there 

13    will be an immediate meeting of the 

14    Finance Committee in Room 332.

15                 THE PRESIDENT:   There will be an 

16    immediate meeting of the Finance Committee in 

17    Room 332.  

18                 The Senate will stand at ease.

19                 (Whereupon, the Senate stood at ease 

20    at 3:00 a.m.)

21                 (Whereupon, the Senate reconvened at 

22    3:19 a.m.)

23                 THE PRESIDENT:   The Senate will 

24    return to order.  

25                 Senator Gianaris.


                                                               2513

 1                 SENATOR GIANARIS:   Mr. President, 

 2    there's a report of the Finance Committee at the 

 3    desk.  

 4                 Let's take that up.

 5                 THE PRESIDENT:   The Secretary will 

 6    read.

 7                 THE SECRETARY:   Senator Krueger, 

 8    from the Committee on Finance, reports the 

 9    following bills:  

10                 Senate Print 8000E, Senate Budget 

11    Bill, an act making appropriations for the 

12    support of government; 

13                 Senate Print 8003D, Senate Budget 

14    Bill, an act making appropriations for the 

15    support of government; 

16                 Senate Print 8004E, Senate Budget 

17    Bill, an act making appropriations for the 

18    support of government.  

19                 All bills reported direct to third 

20    reading.

21                 SENATOR GIANARIS:   Move to accept 

22    the report of the Finance Committee.

23                 THE PRESIDENT:   All those in favor 

24    of accepting the report of the Finance Committee 

25    signify by saying aye.


                                                               2514

 1                 (Response of "Aye.")

 2                 THE PRESIDENT:   Opposed, nay.  

 3                 (No response.)

 4                 THE PRESIDENT:   The report is 

 5    accepted.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Let's take up 

 8    the supplemental calendar, please.

 9                 THE PRESIDENT:   The Secretary will 

10    read.  

11                 THE SECRETARY:   Calendar Number 

12    753, Senate Print 8000E, Senate Budget Bill, an 

13    act making appropriations for the support of 

14    government.

15                 SENATOR GIANARIS:   Is there a 

16    message of necessity at the desk?  

17                 THE PRESIDENT:   There is a message 

18    of necessity at the desk.

19                 SENATOR GIANARIS:   Move to accept 

20    the message of necessity.

21                 THE PRESIDENT:   All those in favor 

22    of accepting the message please signify by saying 

23    aye.

24                 (Response of "Aye.")

25                 THE PRESIDENT:   Opposed, nay.


                                                               2515

 1                 (Response of "Nay.")

 2                 THE PRESIDENT:   The message is 

 3    accepted, and the bill is before the house.

 4                 The Secretary will read.

 5                 THE SECRETARY:   Calendar Number 

 6    Calendar Number 753, Senate Print 8000E, Senate 

 7    Budget Bill, an act making appropriations for the 

 8    support of government.

 9                 THE PRESIDENT:   Read the last 

10    section.

11                 THE SECRETARY:   Section 3.  This 

12    act shall take effect immediately.  

13                 THE PRESIDENT:   Call the roll.

14                 (The Secretary called the roll.)

15                 THE PRESIDENT:   Senator Jackson to 

16    explain his vote.

17                 SENATOR JACKSON:   Thank you, 

18    Mr. President.  I rise in order to vote in favor 

19    of this legislation.  

20                 Let me just find the piece here.  

21                 As a proud SUNY New Paltz alum, I 

22    recognize that funding public higher education 

23    shapes the future of our state for the better.  

24    And because CUNY is among the most vital 

25    resources Black and brown communities have, as a 


                                                               2516

 1    vehicle that develops future leaders, we know how 

 2    crucial adequate funding for SUNY and CUNY is for 

 3    students, like many in my district who face 

 4    significant academic and economic challenges.  

 5                 At this moment we are approaching 

 6    these challenges with bold ideas and a vision 

 7    that allows us to meet the benchmarks of a 

 8    progressive education representing our diverse 

 9    state.  Our state and city public university 

10    systems are the pride and joy of New York.  Let's 

11    keep them in this standing by providing 

12    operational and structural funds and make CUNY 

13    free again.  There is no greater vision than to 

14    invest in New York by committing to a New Deal 

15    for CUNY and SUNY that will support educators and 

16    students, providing a better future for all 

17    New Yorkers.

18                 Mr. President, I proudly say aye.

19                 THE PRESIDENT:   Senator Jackson to 

20    be recorded in the affirmative.

21                 Announce the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 753, those Senators voting in the 

24    negative are Senators Akshar, Borrello, Boyle, 

25    Brisport, Gallivan, Griffo, Helming, Jordan, 


                                                               2517

 1    Lanza, Martucci, Mattera, Oberacker, O'Mara, 

 2    Ortt, Palumbo, Rath, Ritchie, Salazar, Serino, 

 3    Stec, Tedisco and Weik.

 4                 Ayes, 40.  Nays, 22.

 5                 THE PRESIDENT:   The bill is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    754, Senate Print 8003D, Senate Budget Bill, an 

 8    act making appropriations for the support of 

 9    government.  

10                 SENATOR PALUMBO:   Lay it aside.

11                 SENATOR GIANARIS:   Before we do 

12    that, Mr. President, is there a message of 

13    necessity at the desk?  

14                 THE PRESIDENT:   There is a message 

15    of necessity at the desk.

16                 SENATOR GIANARIS:   Move to accept 

17    the message of necessity.  

18                 THE PRESIDENT:   All those in favor 

19    of accepting the message please signify by saying 

20    aye.

21                 (Response of "Aye.")

22                 THE PRESIDENT:   Opposed, nay.

23                 (Response of "Nay.")

24                 THE PRESIDENT:   The message is 

25    accepted, and the bill is before the house.


                                                               2518

 1                 SENATOR PALUMBO:   Lay it aside, 

 2    please.  

 3                 THE PRESIDENT:   Lay it aside.

 4                 SENATOR GIANARIS:   Mr. President, 

 5    we're going to take a pause in going through the 

 6    calendar now.  

 7                 Let's move to the controversial 

 8    calendar.

 9                 THE PRESIDENT:   The Secretary will 

10    ring the bell.

11                 The Secretary will read.

12                 THE SECRETARY:   Calendar Number 

13    754, Senate Print 8003D, Senate Budget Bill, an 

14    act making appropriations for the support of 

15    government.

16                 THE PRESIDENT:   Senator Martucci.

17                 SENATOR MARTUCCI:   Good morning, 

18    Mr. President.

19                 THE PRESIDENT:   Good morning.

20                 SENATOR MARTUCCI:   Will the sponsor 

21    yield for a question.

22                 THE PRESIDENT:   Does the sponsor 

23    yield?

24                 SENATOR KRUEGER:   Good morning.  

25    Certainly.


                                                               2519

 1                 THE PRESIDENT:   The sponsor yields.

 2                 SENATOR MARTUCCI:   Good morning, 

 3    Senator Krueger.  

 4                 Through you, Mr. President.  My 

 5    question is with respect to the OTDA section, 

 6    specifically with respect to ERAP, the Emergency 

 7    Rental Assistance Program.

 8                 So it's my understanding that right 

 9    now there are about 318,000 ERAP applications 

10    that have yet to be reviewed.  Is the funding 

11    that's being allocated in this bill for ERAP 

12    enough to provide relief for those who have 

13    applied but not yet received any money from the 

14    program? 

15                 SENATOR KRUEGER:   Thank you.  We'll 

16    accept your number for how many applications are 

17    pending.  

18                 There is $800 million additional in 

19    this budget to help pay down the cost for the 

20    applicants.  We don't believe that is enough.  We 

21    think that the applications pending may total as 

22    much as $1.6 billion in arrears that we would 

23    love to be able to pay.

24                 We still have applications in to the 

25    federal government for additional funds.  And 


                                                               2520

 1    because ERAP was allocated through several bills, 

 2    with an understanding that if certain localities 

 3    didn't use the money they were authorized to 

 4    receive, that that would become money available 

 5    to other states who did need it.

 6                 So we have received a supplemental 

 7    payment of 100 million, approximately, from 

 8    ERAP 1 -- excuse me.  So we have already received 

 9    300 million additional through the second round 

10    for ERAP 1.  

11                 But there's also an ERAP 2 that we 

12    have not yet learned what we could be eligible 

13    for.  So we are optimistic that that will be 

14    additional money coming in from the federal 

15    government.  And we will continue to use that to 

16    pay down applicants based, I think, in the 

17    priority order of when they applied.  Is that 

18    right?  Yes.  So on a first-in, first-out model.

19                 SENATOR MARTUCCI:   Thank you, 

20    Mr. President.  Through you, will the sponsor 

21    yield for another question.

22                 THE PRESIDENT:   Does the sponsor 

23    yield?

24                 SENATOR KRUEGER:   Yes, I do.

25                 THE PRESIDENT:   The sponsor yields.


                                                               2521

 1                 SENATOR MARTUCCI:   Through you, 

 2    Mr. President.  

 3                 If there's one thing we've learned 

 4    over the last year it's that the state had a 

 5    habitual inability to get this money out the 

 6    door.  It took months and months for OTDA to get 

 7    that money out the door.  It was a very, very 

 8    slow process.  I know my office received lots of 

 9    calls from tenants who were making applications 

10    to this program, as I'm sure did many of the 

11    offices of Senators in this room.

12                 Is there anything being done in this 

13    budget to help streamline that process so that 

14    the applications work a bit faster and that this 

15    money gets out in a better way than it did last 

16    year?

17                 SENATOR KRUEGER:   So I completely 

18    agree that when the program started there was 

19    enormous delays and it was extremely frustrating.  

20    And I think you're right, probably every Senator 

21    heard from constituents about this.  

22                 But it did really seem that once 

23    they figured out how it was working and what they 

24    needed to do and the computer system that they 

25    had quickly pulled together, that things sped up 


                                                               2522

 1    significantly.

 2                 We also have a new commissioner of 

 3    OTDA, and a new Governor.  And I personally have 

 4    found his office to be very much on top of these 

 5    issues with -- and we have had conversations 

 6    about ways to speed up the process.

 7                 SENATOR MARTUCCI:   Mr. President, 

 8    on the bill.

 9                 THE PRESIDENT:   Senator Martucci on 

10    the bill.

11                 SENATOR MARTUCCI:   First, I want to 

12    thank Senator Krueger for answering my two 

13    questions.

14                 The only thing I want to say, 

15    Mr. President, is that I too am hopeful that 

16    we're going to be able to get this appropriation 

17    out the door, into the hands of our tenants that 

18    need it, into the hands of our landlords.  

19                 And I would also say that one of the 

20    other problematic issues that's been going on is 

21    that folks have been able to apply to a program 

22    that doesn't have any money in it.  And what that 

23    means is that these applications get backed up, 

24    and what it means is that these rental arrears 

25    just grow and grow and grow.  And as they 


                                                               2523

 1    balloon, our landlords are put in a place where 

 2    they still have to maintain their buildings and 

 3    support their properties without any 

 4    reimbursement.

 5                 So again, sort of harkening back to 

 6    the same time last year when we stood on the 

 7    floor and said the same thing, we're glad to see 

 8    that this is here.  We want to make sure this 

 9    relief gets where it needs to go, which is 

10    designed for our tenants, into the hands of our 

11    landlords.  I look forward to that happening in a 

12    better way than it did last year.  

13                 Thank you, Mr. President.

14                 THE PRESIDENT:   Senator Borrello.

15                 SENATOR BORRELLO:   Thank you, 

16    Mr. President.  Will the sponsor yield for a 

17    question.

18                 THE PRESIDENT:   Does the sponsor 

19    yield?

20                 SENATOR KRUEGER:   As long as it's 

21    not about cannabis.  

22                 (Laughter.)

23                 THE PRESIDENT:   The sponsor yields.

24                 SENATOR BORRELLO:   No, it's not.

25                 SENATOR KRUEGER:   Wait, I'm so 


                                                               2524

 1    sorry.  The topic that you're going to ask about?  

 2                 SENATOR BORRELLO:   I want to talk 

 3    about unemployment insurance.

 4                 SENATOR KRUEGER:   My colleague, the 

 5    chair of Labor, would love to talk to you about 

 6    that.  

 7                 So, Mr. President, through you, I'm 

 8    going to hand it over to Senator Ramos.

 9                 THE PRESIDENT:   Does the sponsor 

10    yield?

11                 SENATOR RAMOS:   I do.

12                 THE PRESIDENT:   The sponsor yields.  

13                 SENATOR BORRELLO:   Thank you.  

14                 Through you, Mr. President, do you 

15    happen to know what our current unemployment 

16    insurance deficit is here in New York State?

17                 SENATOR RAMOS:   Nine-point-five 

18    billion.

19                 SENATOR BORRELLO:   Nine-point-five 

20    billion, with a B. 

21                 Mr. President, will the sponsor 

22    continue to yield.

23                 THE PRESIDENT:   Does the sponsor 

24    yield?

25                 SENATOR RAMOS:   I do.


                                                               2525

 1                 THE PRESIDENT:   The sponsor yields.

 2                 SENATOR BORRELLO:   Do you happen to 

 3    know what the projected interest assessment 

 4    surcharge from the federal government is on that 

 5    9.5 billion?

 6                 SENATOR RAMOS:   This year it's 

 7    around 250 million in interest.

 8                 SENATOR BORRELLO:   Mr. President, 

 9    will the sponsor continue to yield.

10                 THE PRESIDENT:   Does the sponsor 

11    yield?

12                 SENATOR RAMOS:   Yes.

13                 THE PRESIDENT:   The sponsor yields.

14                 SENATOR BORRELLO:   Do you know who 

15    pays that?  Who's supposed to pay that money?

16                 SENATOR RAMOS:   Employers.  The 

17    experience rating on employers.

18                 SENATOR BORRELLO:   Mr. President, 

19    will the sponsor continue to yield.

20                 THE PRESIDENT:   Does the sponsor 

21    yield?

22                 SENATOR RAMOS:   Yes.

23                 THE PRESIDENT:   The sponsor yields.

24                 SENATOR BORRELLO:   Do you happen to 

25    know how many states have dedicated their federal 


                                                               2526

 1    pandemic relief money to filling the craters that 

 2    were created by the pandemic for their 

 3    unemployment insurance funds?  

 4                 SENATOR RAMOS:   I don't.  Please 

 5    tell me.

 6                 SENATOR BORRELLO:   Is that a 

 7    question, Mr. President?  

 8                 THE PRESIDENT:   Would you like to 

 9    form a question?  

10                 SENATOR RAMOS:   Sure.

11                 THE PRESIDENT:   Will you yield for 

12    a question?

13                 SENATOR BORRELLO:   Yes.

14                 THE PRESIDENT:   You want to ask it?

15                 SENATOR BORRELLO:   You have to ask 

16    the question now.

17                 SENATOR RAMOS:   Well, why don't you 

18    tell me how many other states.

19                 SENATOR BORRELLO:   It's 32.  

20    Thirty-two states have dedicated their funding.  

21    New York obviously is not one of those 32.

22                 Mr. President, will the sponsor 

23    continue to yield.

24                 THE PRESIDENT:   Does the sponsor 

25    yield?


                                                               2527

 1                 SENATOR RAMOS:   Yes.

 2                 THE PRESIDENT:   The sponsor yields.

 3                 SENATOR BORRELLO:   Are there any 

 4    plans in this $220 billion budget to dedicate any 

 5    funding to filling that $9.5 billion crater that 

 6    was created by bad policy, essentially, here in 

 7    New York State?

 8                 SENATOR RAMOS:   We do not have any 

 9    state funding going towards this purpose, but we 

10    expect to have everything paid off by 2028.

11                 SENATOR BORRELLO:   Mr. President, 

12    will the sponsor continue to yield?  

13                 THE PRESIDENT:   Does the sponsor 

14    yield?

15                 SENATOR RAMOS:   Yes.

16                 THE PRESIDENT:   The sponsor yields.

17                 SENATOR BORRELLO:   When you say 

18    "we," who is "we"?  Who is going to pay that off?  

19                 SENATOR RAMOS:   The State of 

20    New York, through the contributions of the 

21    employers.

22                 SENATOR BORRELLO:   Mr. President, 

23    will the sponsor continue to yield.

24                 THE PRESIDENT:   Does the sponsor 

25    yield?


                                                               2528

 1                 SENATOR RAMOS:   Yes.

 2                 THE PRESIDENT:   The sponsor yields.

 3                 SENATOR BORRELLO:   How is the State 

 4    of New York going to pay that?  

 5                 SENATOR RAMOS:   It's through the 

 6    experience rating of the employers, like any 

 7    other insurance policy.

 8                 SENATOR BORRELLO:   Mr. President, 

 9    will the sponsor continue to yield?

10                 THE PRESIDENT:   Does the sponsor 

11    yield?

12                 SENATOR RAMOS:   Yes.

13                 THE PRESIDENT:   The sponsor yield.

14                 SENATOR BORRELLO:   So it's not 

15    New York State, then, you're saying, it's the 

16    employers, the people of New York State that are 

17    going to pay that.

18                 SENATOR RAMOS:   Yes.

19                 SENATOR BORRELLO:   Mr. President, 

20    on the bill.

21                 THE PRESIDENT:   Senator Borrello on 

22    the bill.

23                 SENATOR BORRELLO:   So here we are 

24    talking about what we're going to do for the 

25    people of New York State and our businesses, the 


                                                               2529

 1    small businesses that were devastated.  We've 

 2    done a lot -- negatively, unfortunately.  

 3                 This crater, $9.5 billion, was 

 4    created certainly as part of the pandemic, but it 

 5    was largely created by bad policy, the policy 

 6    that allowed anyone to quit their job and collect 

 7    unemployment.  That's really what this was about.  

 8    To this day, right now, you can still quit your 

 9    job in New York State and collect unemployment.  

10    And that burden is being borne by every single 

11    employer in New York State.  

12                 We also don't know how much fraud we 

13    had in our system.  I asked Commissioner Reardon 

14    about this during the hearings, the budget 

15    hearings.  She doesn't want to know.  The 

16    Governor doesn't want to know.  It's got to be a 

17    huge number.  California is somewhere in the area 

18    of 25 billion and growing.  But here in New York, 

19    we're just going to cover our eyes and pretend it 

20    didn't happen.  

21                 So New York State's not paying this 

22    9.5 billion, the employers are.  The interest, 

23    everything else.  It's going to take more than a 

24    decade of every single employer in New York State 

25    paying the maximum rate in order to cover that 


                                                               2530

 1    deficit.  That's what we've done for the 

 2    employers of New York State, the people that pay 

 3    into that system.  We have maxed them out for a 

 4    decade.  And we have the money to pay it, like 

 5    32 other states, and we haven't done it.  It's 

 6    disgraceful.

 7                 That's what we are doing for the 

 8    employers, the small businesses that employ half 

 9    of the people in New York State.  We're kicking 

10    the can down the road and telling them we're not 

11    going to do a damn thing about it.  I think it's 

12    a disgrace.  

13                 And therefore, for that and many 

14    other reasons, I'll be a no on this bill.  

15                 Thank you, Mr. President.

16                 THE PRESIDENT:   Are there any other 

17    Senators wishing to be heard?

18                 Seeing and hearing none, debate is 

19    closed.  The Secretary will ring the bell.

20                 Read the last section.

21                 THE SECRETARY:   Section 3.  This 

22    act shall take effect immediately.

23                 THE PRESIDENT:   Call the roll.

24                 (The Secretary called the roll.)

25                 THE PRESIDENT:   Senator Ramos to 


                                                               2531

 1    explain her vote.

 2                 SENATOR RAMOS:   Yes, thank you, 

 3    Mr. President.  

 4                 I'm voting aye on this bill.  I 

 5    actually wanted to really just add a few things.  

 6                 There are actually some employers 

 7    that haven't paid into the fund, and I want to 

 8    especially highlight Uber and Lyft, who before 

 9    the pandemic were granted unemployment insurance 

10    for their drivers, for the for-hire vehicle 

11    drivers, and yet they have not paid into our 

12    unemployment insurance system, not one cent, to 

13    this day.  And I guarantee you that that's a lot 

14    of money that may end up putting a burden on our 

15    smaller businesses, which is something that I 

16    worry about tremendously.  

17                 I just wanted to add that for the 

18    record.  Thank you, Mr. President.

19                 THE PRESIDENT:   Senator Ramos to be 

20    recorded in the affirmative.

21                 Announce the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 754, those Senators voting in the 

24    negative are Senators Akshar, Borrello, Boyle, 

25    Gallivan, Griffo, Helming, Jordan, Lanza, 


                                                               2532

 1    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

 2    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

 3    Weik.

 4                 Ayes, 42.  Nays, 20.

 5                 THE PRESIDENT:   The bill is passed.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Mr. President, 

 8    we're going to stand at ease momentarily while we 

 9    await some paperwork to arrive.

10                 THE PRESIDENT:   The Senate stands 

11    at ease.

12                 (Whereupon, the Senate stood at ease 

13    at 3:36 a.m.)

14                 (Whereupon, the Senate reconvened at 

15    4:20 a.m.)

16                 THE PRESIDENT:   The Senate will 

17    return to order.  

18                 Senator Gianaris.

19                 SENATOR GIANARIS:   Okay, 

20    Mr. President, can we return to the supplemental 

21    calendar.  

22                 I think there was one bill still 

23    remaining.

24                 THE PRESIDENT:   The Secretary will 

25    read.


                                                               2533

 1                 THE SECRETARY:   Calendar Number 

 2    755, Senate Print 8004D, Senate Budget Bill, an 

 3    act making appropriations for the support of 

 4    government.

 5                 SENATOR GIANARIS:   Is there a 

 6    message of necessity at the desk?  

 7                 THE PRESIDENT:   There is a message 

 8    of necessity at the desk.

 9                 SENATOR GIANARIS:   Move to accept 

10    the message of necessity.  

11                 THE PRESIDENT:   All those in favor 

12    of accepting the message please signify by saying 

13    aye.

14                 (Response of "Aye.")

15                 THE PRESIDENT:   Opposed, nay.  

16                 (Response of "Nay.")

17                 THE PRESIDENT:   The message is 

18    accepted, and the bill is before the house.

19                 SENATOR PALUMBO:   Lay it aside, 

20    please.

21                 THE PRESIDENT:   Lay it aside.

22                 SENATOR GIANARIS:   Can we move to 

23    the controversial calendar.

24                 THE PRESIDENT:   The Secretary will 

25    ring the bell.


                                                               2534

 1                 The Secretary will read.

 2                 THE SECRETARY:   Calendar Number 

 3    755, Senate Print 8004D, Senate Budget Bill, an 

 4    act making appropriations for the support of 

 5    government.

 6                 THE PRESIDENT:   Senator Martucci on 

 7    the bill.

 8                 SENATOR MARTUCCI:   Thank you, 

 9    Mr. President.

10                 I rise to discuss some concerns I 

11    have with respect to the bill, specifically on 

12    something that I was talking about a little bit 

13    earlier this evening -- or I should say yesterday 

14    evening; now I'm talking about it again this 

15    morning.  

16                 And I was hoping to get some 

17    straight questions and some serious answers about 

18    funding for the Buffalo Bills stadium.  I know my 

19    constituents have concerns about the deal, and I 

20    think many New Yorkers do too.  And since I 

21    struggled to get those answers, I was able to dig 

22    through the bill to try to understand a little 

23    bit about what this deal is and exactly what it's 

24    costing New Yorkers.  

25                 And I think, you know, at quick 


                                                               2535

 1    glance there are several appropriations that are 

 2    totaling hundreds of millions of dollars.  I 

 3    think I came up with $602 million.  I think that 

 4    after we have some more time to take a look at 

 5    the bill, perhaps we'll confirm that or the 

 6    number might be a little different.  But in 

 7    either case, we're talking about a really, really 

 8    big appropriation here.  

 9                 And, you know, my colleague said 

10    that this was one of the best deals for 

11    New Yorkers, this was an awesome deal.  But what 

12    I can see concludes me to lead {sic} that this is 

13    probably one of the worst deals -- probably one 

14    of the worst deals in sports history, maybe 

15    perhaps setting a new record, the worst deal 

16    since Bobby Bonilla fleeced the Mets back many 

17    years ago, and he's still getting a paycheck 

18    today many, many years after his retirement.  

19                 And what we found out earlier today 

20    was that the State of New York is even going to 

21    take the stadium over and pay some operating 

22    costs for many, many years.  

23                 So, you know, this deal remains, to 

24    me -- I'm very skeptical and I have a tremendous 

25    number of concerns.  It reminds me of another 


                                                               2536

 1    deal that happened in Buffalo not that long ago 

 2    that cost the taxpayers of this state lots of 

 3    money, a billion dollars, and did not bring the 

 4    taxpayers the promised jobs or meet the goals 

 5    that we had anticipated.

 6                 You know, in preparation for coming 

 7    out here, I even came across a letter that was 

 8    signed by five of my colleagues in this room.  

 9    And I kind of wish I knew about this letter 

10    before, because I would have signed onto this 

11    letter.  Because I think this letter is dead over 

12    the target with respect to concerns on this 

13    project.  

14                 My colleagues wrote:  "This 

15    proposal, negotiated in secret and only announced 

16    days before the final budget is due, would 

17    represent the largest public subsidy to an NFL 

18    team in history."

19                 So, you know, first I would tell my 

20    colleagues who signed onto this letter, I think 

21    you're absolutely right and I agree with you 

22    completely.

23                 You know, the -- this deal is not a 

24    partisan issue, Mr. President.  You know, there 

25    are some of my colleagues who don't agree with 


                                                               2537

 1    me, there are some on the other side of the aisle 

 2    that do.  So this is certainly something that 

 3    transcends politics in this chamber.  

 4                 But I would agree that since we're 

 5    asking taxpayers to pay hundreds of millions of 

 6    dollars in this deal, I think it certainly 

 7    warranted a bit more sunlight, a bit more review, 

 8    not only by this body but by the public and by 

 9    others before we were bringing it to the floor 

10    and passing it here today.

11                 In fact, somebody who is undoubtedly 

12    an expert on this budget proposal, the 

13    chairwoman, expressed her concerns as well, and I 

14    would tell you that I associate myself with your 

15    concerns and your comments with respect to this 

16    project as well.  

17                 Mr. President, I'm not a fan of this 

18    deal.  It is a bad backroom deal where I feel 

19    like -- and I think many of us feel like we've 

20    significantly overpaid.  You know, as Senator 

21    Kennedy said out here a little while ago, this 

22    deal was to prevent the Bills from moving to 

23    another city.  And I would tell you that I 

24    certainly don't want to see the Bills go to 

25    another city, but at the same time I don't want 


                                                               2538

 1    to see our taxpayers here in New York be taken 

 2    for a ride.  

 3                 So for that reason, again, I think 

 4    that this project warrants more consideration of 

 5    this body, more public review and consideration, 

 6    and it still remains a tremendous concern of 

 7    mine.  And it is one of the reasons that I'll be 

 8    voting in the negative when it comes time.

 9                 Thank you, Mr. President.

10                 THE PRESIDENT:   Senator Palumbo.

11                 SENATOR PALUMBO:   Thank you, 

12    Mr. President.  Will the sponsor yield for just a 

13    couple of quick questions, please.

14                 THE PRESIDENT:   Does the sponsor 

15    yield?

16                 SENATOR KRUEGER:   Yes, I will.

17                 THE PRESIDENT:   The sponsor yields.

18                 SENATOR PALUMBO:   Thank you, 

19    Senator Krueger.  I just have a few line-item 

20    questions and then I'm going to have a few 

21    questions about the Bills, the Bills with a big 

22    B.  But we'll talk about this first, if you don't 

23    mind.

24                 In "Economic Development," the 

25    Community Resiliency, Economic Stability and 


                                                               2539

 1    Technology Fund, I see $385 million.  That seems 

 2    remarkably similar to the old SAM grants.  Is 

 3    that the same fund?  

 4                 SENATOR KRUEGER:   I believe that 

 5    the questioner is basically correct.  I think the 

 6    new initials stand -- end up being CREST, as 

 7    opposed to SAM.  And it does appear to be very 

 8    similar, other than I think there's an expanded 

 9    eligibility.  Because I believe in the past you 

10    needed to be working through mostly government 

11    for the projects, and I believe this allows 

12    expansion for nonprofit organizations as well, 

13    and perhaps even in certain circumstances 

14    for-profit businesses as well.

15                 SENATOR PALUMBO:   Would the sponsor 

16    continue to yield?  

17                 THE PRESIDENT:   Does the sponsor 

18    yield?

19                 SENATOR KRUEGER:   Yes.

20                 THE PRESIDENT:   The sponsor yields.

21                 SENATOR PALUMBO:   Thank you again, 

22    Senator.  

23                 And right in that same section under 

24    "Economic Development," there's another 

25    $185 million fund, Local Community Assistance 


                                                               2540

 1    Program.  Can you explain to me what that program 

 2    is for, please?  

 3                 SENATOR KRUEGER:   It does appear to 

 4    be very similar, other than the first program you 

 5    described, I believe, is set up with a three-way 

 6    split between the Senate, the Assembly and the 

 7    Governor.  And the second program I believe is 

 8    set up with just a two-way split.

 9                 SENATOR PALUMBO:   Between the two 

10    legislative -- will you continue to yield, 

11    please.

12                 SENATOR KRUEGER:   Of course.

13                 THE PRESIDENT:   The sponsor yields.  

14                 SENATOR PALUMBO:   Thank you, 

15    Senator.  

16                 Was that between the two legislative 

17    houses?  

18                 SENATOR KRUEGER:   Yes.

19                 SENATOR PALUMBO:   Gotcha.  Okay.  

20    Thank you.  

21                 And would you continue to yield, 

22    please, Madam Chair?  

23                 SENATOR KRUEGER:   Yes, I would.

24                 THE PRESIDENT:   The sponsor yields.  

25                 SENATOR PALUMBO:   Thank you.  And 


                                                               2541

 1    just two more funds I have questions about.  

 2                 The Long Island regional projects, 

 3    $350 million.  Are there any specific projects 

 4    identified for this fund at this point?  

 5                 SENATOR KRUEGER:   I believe not.  

 6    But it's my understanding that there will be 

 7    public information about said project or projects 

 8    prior to the spending of any money.

 9                 SENATOR PALUMBO:   And thank you.  

10    Would you continue to yield?

11                 THE PRESIDENT:   Will the sponsor 

12    yield?

13                 SENATOR KRUEGER:   Yes.

14                 THE PRESIDENT:   The sponsor yields.

15                 SENATOR PALUMBO:   Thank you, 

16    Senator.  

17                 And so those are just projects to be 

18    named later, to continue with the sports 

19    reference, I guess.

20                 SENATOR KRUEGER:   I'm not that good 

21    with sports references, but I'll let you have 

22    that.

23                 SENATOR PALUMBO:   Okay.  Thank you.  

24                 And would you continue to yield for 

25    a further question?


                                                               2542

 1                 THE PRESIDENT:   Will the sponsor 

 2    yield?

 3                 SENATOR KRUEGER:   Yes.

 4                 THE PRESIDENT:   The sponsor yields.  

 5                 SENATOR PALUMBO:   Thank you, 

 6    Senator.

 7                 And so without specifically -- I 

 8    just want to identify what I believe are the 

 9    funds that are appropriated for the Bills over 

10    the Governor's original budget, and including her 

11    30-day amendments.  

12                 There's a -- it looks like it's in 

13    the environment, there's a $182 million line item 

14    and then a $418 million line item.  Is that the 

15    600 million for the Buffalo Bills?  

16                 SENATOR KRUEGER:   I believe you are 

17    correct.  And the 418 million is from the recent 

18    payments received from the Seneca Nation.

19                 SENATOR PALUMBO:   Thank you.  

20                 Would you continue to yield, please, 

21    for one more question.

22                 THE PRESIDENT:   Does the sponsor 

23    yield?

24                 SENATOR KRUEGER:  Yes.   

25                 THE PRESIDENT:   The sponsor yields.


                                                               2543

 1                 SENATOR PALUMBO:   And thank you, 

 2    Senator Krueger.  

 3                 So with that 600 million, I believe 

 4    there was some discussion or some concern that 

 5    the New York State Regional Economic and 

 6    Community Assistance Program, 800 million in the 

 7    Governor's original proposed budget, that that 

 8    800 million was going to be used for the Bills 

 9    funding -- capital B, Bills, the sports team -- 

10    because that wasn't in her original budget.  So 

11    what's that money going to go to now?  

12                 SENATOR KRUEGER:   Just a moment.

13                 SENATOR PALUMBO:   Or if I can 

14    complete my thought, is this just another fund 

15    that's going to ultimately be appropriated for 

16    some future project?

17                 (Pause.)

18                 SENATOR KRUEGER:   Sorry, 

19    Mr. President, I'm trying to make sure that I 

20    have the right answer for my colleague.

21                 SENATOR PALUMBO:   Please take your 

22    time.

23                 SENATOR KRUEGER:   Thank you.  

24                 So through you, Mr. President, there 

25    is a line in the budget that's 800 million for 


                                                               2544

 1    New York State Regional and Community Assistance 

 2    Program, which is intended for economic 

 3    development, workforce, commercial development, 

 4    tourism, infrastructure improvement, small 

 5    business support, community and urban 

 6    revitalization in historically disadvantaged 

 7    communities.  

 8                 I don't know if the Governor at an 

 9    earlier point actually intended to use any of 

10    that money for the Buffalo Bills project, because 

11    I think that there was also on the table simply 

12    bonding for the project.  

13                 But I think the answer is at this 

14    point, no, that is not how the budget is written, 

15    she does not intend to use that for the Buffalo 

16    Bills project.  

17                 SENATOR PALUMBO:   Understood.  

18    Thank you, Senator.  Would you continue to yield.

19                 THE PRESIDENT:   Does the sponsor 

20    yield? 

21                 SENATOR KRUEGER:   Yes.

22                 THE PRESIDENT:   The sponsor yields.

23                 SENATOR PALUMBO:   So just for a 

24    quick follow-up, do you have any idea what that 

25    money might actually be used for now that it's 


                                                               2545

 1    actually in this particular bill?

 2                 SENATOR KRUEGER:   For 

 3    future-determined economic development projects, 

 4    I would assume, going through ESDC.  

 5                 So every year we put money into 

 6    usually capital funds that are used through ESDC 

 7    for an assortment of different economic 

 8    development projects.  They often include the 

 9    Regional Economic Development -- what are they, 

10    task forces or -- Councils, thank you, I lost the 

11    word, that are making recommendations, at least 

12    in the past.  Obviously this is a new governor, 

13    so she may have a different approach to it.

14                 But I don't think it's particularly 

15    new for us to see lined-out economic development 

16    funds that are not described exactly as to how 

17    they will be used.

18                 I will point out, given the late 

19    hour, that I'm very proud of the fact that within 

20    the budget documents we have built in a Database 

21    of Deals that will require much greater review 

22    and scrutiny and documentation of how the state 

23    is using money for economic development deals, 

24    what kind of return the state is getting on them, 

25    the number of jobs, the deals as far as clawbacks 


                                                               2546

 1    if the commitments are not made.  

 2                 We also, in a separate section, also 

 3    expanded the ability to have the Comptroller's 

 4    office audit and review any of these programs to 

 5    find out more details, if that is the wish of the 

 6    state and there are questions about any of these 

 7    programs.

 8                 Which I also think is an excellent 

 9    move towards both transparency and for us to -- 

10    all of us, the public, to have a better 

11    understanding of how monies are being used and 

12    whether they're in fact meeting their target 

13    goals of economic development or not being 

14    successful.

15                 SENATOR PALUMBO:   Thank you, 

16    Senator.  Would you continue to yield for one 

17    short last question?  

18                 THE PRESIDENT:   Does the sponsor 

19    yield? 

20                 SENATOR KRUEGER:   I can keep going.  

21    Yes.  

22                 (Laughter.)

23                 THE PRESIDENT:   The sponsor yields.  

24                 SENATOR PALUMBO:   You're doing 

25    great.  And this is truly it.  I just wanted to 


                                                               2547

 1    do simple math.  

 2                 Of course last year's ESDC entire 

 3    fund was 380 million, so this is, of course, 800 

 4    now, so it's more than double, correct?

 5                 Through all Empire State Development 

 6    capital, was my understanding.

 7                 SENATOR KRUEGER:   That's correct.  

 8    I don't think that we were doing a lot of new 

 9    economic development activities in the last year 

10    or two, given the COVID situation.

11                 SENATOR PALUMBO:   Thank you, 

12    Senator Krueger.  I have no further questions.  

13    Thank you, Mr. President.  

14                 THE PRESIDENT:   Thank you.  

15                 Are there any other Senators wishing 

16    to be heard?

17                 Seeing and hearing none, debate is 

18    closed.  The Secretary will ring the bell.

19                 Read the last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect immediately.

22                 THE PRESIDENT:   Call the roll.

23                 (The Secretary called the roll.)

24                 THE PRESIDENT:   Senator Brisport to 

25    explain his vote.


                                                               2548

 1                 SENATOR BRISPORT:   Thank you, 

 2    Mr. President.  And good morning.

 3                 THE PRESIDENT:   Good morning.

 4                 SENATOR BRISPORT:   So we are in the 

 5    process of voting on a budget that comes nowhere 

 6    close to funding our constituents' most dire 

 7    needs, as everyone in this chamber knows.  

 8                 And for the past three weeks 

 9    Governor Hochul has fought our funding proposals 

10    on housing, on Fair Pay for Home Care, on 

11    childcare, on healthcare, on a New Deal for CUNY, 

12    and on combating climate change, because she did 

13    not want to raise taxes on the ultra-rich to 

14    secure the necessary revenue.

15                 Yet at the last hour, she had no 

16    trouble finding $350 million for a mysterious 

17    slush fund through which she can exercise 

18    unchecked, unilateral power over public money.  

19                 She also had no trouble finding 

20    hundreds of millions of dollars for the largest 

21    public subsidy in NFL history, for a handout to 

22    the billionaire owner of the Buffalo Bills.

23                 She has tried to pass off this new 

24    stadium as an investment, knowing that the 

25    consensus among economists is that it will not 


                                                               2549

 1    result in any meaningful economic benefit to 

 2    Buffalo.  These trickle-down handouts simply do 

 3    not work.  

 4                 Through this bill and the entire 

 5    budget process, Governor Hochul has made it clear 

 6    that all her claims about caring for the 

 7    well-being of New Yorkers and working with the 

 8    Legislature were false.  She has made it clear 

 9    that her only real interests are in appealing to 

10    the rich and keeping power.  

11                 I am voting nay, and I will be 

12    working with Assemblymember Ron Kim to pass 

13    legislation that at least gives New Yorkers the 

14    right to a controlling share of the for-profit 

15    football team that the Governor is forcing them 

16    to finance.

17                 Thank you.

18                 THE PRESIDENT:   Senator Brisport to 

19    be recorded in the negative.

20                 Senator Cleare to explain her vote.

21                 SENATOR CLEARE:   Good morning.

22                 THE PRESIDENT:   Good morning.

23                 SENATOR CLEARE:   Thank you.  

24                 I've only held this seat for a few 

25    months, and this is my first budget.  And many 


                                                               2550

 1    people have been asking me how I feel about the 

 2    budget.  

 3                 Well, I'm very proud of some things.  

 4    I'm proud of my bill to provide individuals 

 5    leaving prison with state-issued IDs, to remove 

 6    one less barrier to having a more successful 

 7    reentry to a new beginning.  

 8                 I'm happy for the money we added to 

 9    CUNY for the nursing expansion -- the SEEK 

10    opportunity and nursing expansion programs.  

11    Money for universal pre-K, tuition assistance for 

12    prisoners, capital funding for libraries, fair 

13    wages for our badly needed home care workers.  

14                 But it is not enough.  Senator May, 

15    I thank you -- she's not here, but I want to 

16    thank her for leading this fight, and the 

17    advocates and every other group and individual 

18    who fought for this.  

19                 I'm proud of our efforts to secure 

20    funding for NYCHA and our $350 million add to the 

21    budget.  But it is not enough.  My district 

22    covers Harlem, portions of East Harlem, West 

23    Harlem, Washington Heights, and the Upper West 

24    Side.  I have the highest concentration of public 

25    housing in the Borough of Manhattan.  And it is 


                                                               2551

 1    literally falling apart.  We must do more.  

 2                 Despite the hard work of the staff, 

 3    the conference, and the leader, we did not get 

 4    the Housing Access Voucher Program dollars that 

 5    are desperately needed by New Yorkers who have 

 6    been trapped in shelters, unable to find 

 7    apartments they can afford with the vouchers 

 8    they're currently being handed out.

 9                 New Yorkers have been struggling to 

10    pay rent even before the pandemic.  We have to do 

11    more.  

12                 So how do I feel about the budget?  

13    I'm going to borrow a line from my colleague 

14    Senator Sanders, who often says "I'm still in the 

15    fight."  That's how I feel about this budget.  We 

16    didn't get it all in this moment for a variety of 

17    reasons, including the inability to reach a 

18    three-way agreement.  But we are still in the 

19    fight to do more for public housing and to create 

20    and fund programs that result in truly affordable 

21    housing for low-to-moderate-income New Yorkers.  

22                 We spent hours debating bail in this 

23    room.  I look forward to hours debating or 

24    planning to get housing for New Yorkers, which is 

25    equally a part of the safety, security and health 


                                                               2552

 1    of New Yorkers.

 2                 I vote aye on the bill.

 3                 THE PRESIDENT:   Senator Cleare to 

 4    be recorded in the affirmative.

 5                 Senator Krueger to explain her vote.

 6                 SENATOR KRUEGER:   Thank you, 

 7    Mr. President.

 8                 So this is the final bill.  

 9    Budgets are never something that I think anyone 

10    can agree with completely.  We have frustrations.  

11    We have things that we didn't get in.  We have 

12    questions about many of the decisions.  And yet 

13    we go through this process every year to try to 

14    make the best decisions we make.  

15                 So this capital budget is about 

16    $20 billion.  It might be higher; it might to 

17    closer to $21 billion.  And so I can agree with 

18    many of the plans for that money, and it's why I 

19    can vote for this bill.  

20                 But for the record -- and it's been 

21    pointed out -- I've never thought New York should 

22    ever put money into a private sports franchise or 

23    sports stadium.  And in my years here in the 

24    Senate, I've actually voted against money for the 

25    Yankees, the Mets, the Nets, the Islanders -- I 


                                                               2553

 1    think there was one more -- because I don't think 

 2    it is a good use of the public's money.

 3                 I also am focused, and I think we 

 4    all need to be focused, on making sure that we 

 5    all have information about how money is being 

 6    spent and whether the reward is worth it to the 

 7    people of New York.  Because frankly, when we 

 8    decide that we're going to function as investors 

 9    or venture capitalists who say that we're putting 

10    money into economic development, we're actually 

11    making the decision to take taxpayers' money and 

12    then act like we are venture capitalists.  Though 

13    I'm not sure any of us are, or are particularly 

14    good at it.

15                 So I hope that with the changes in 

16    the Article VII language that went through this 

17    year, in addition to continuing economic 

18    development spending, we will be seeing a far 

19    superior outcome of evaluation that will lead us 

20    to making sure that we don't continue to spend 

21    money where it's not justified and that we only 

22    spend the people's money in categories of 

23    economic development where we're actually getting 

24    a win for the people.

25                 So don't like some, do like some.  


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 1    I'm voting yes.  But I think -- and I appreciate 

 2    my colleagues on both sides of the aisle's 

 3    opinions about their concerns about economic 

 4    development spending and that we all want to know 

 5    more, and we want to be able to evaluate.

 6                 Thank you, Mr. President.

 7                 THE PRESIDENT:   Senator Krueger to 

 8    be recorded in the affirmative.

 9                 Announce the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 755, those Senators voting in the 

12    negative are Senators Akshar, Biaggi, Borrello, 

13    Boyle, Brisport, Gallivan, Griffo, Helming, 

14    Hoylman, Jordan, Lanza, Martucci, Mattera, 

15    Oberacker, O'Mara, Ortt, Palumbo, Rath, Ritchie, 

16    Serino, Stec, Tedisco and Weik.

17                 Ayes, 39.  Nays, 23.

18                 THE PRESIDENT:   The bill is passed.

19                 Senator Gianaris, that completes the 

20    reading of the controversial calendar.

21                 SENATOR GIANARIS:   And that 

22    completes the enactment of the State Budget.  

23                 Let me thank my colleagues for their 

24    indulgence, their patience and their respect of 

25    one another over the last few days.  


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 1                 Mr. President, is there any further 

 2    business at the desk?

 3                 THE PRESIDENT:   There is no further 

 4    business at the desk.

 5                 SENATOR GIANARIS:   Move to adjourn 

 6    until Monday, April 25th, at 3:00 p.m. --

 7                 (Applause.) 

 8                 SENATOR GIANARIS:   -- intervening 

 9    days being legislative days.

10                 THE PRESIDENT:   On motion, the 

11    Senate stands adjourned until Monday, April 25th, 

12    at 3:00 p.m., intervening days being legislative 

13    days.

14                 (Whereupon, at 4:43 a.m., the Senate 

15    adjourned.)

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