Regular Session - April 25, 2022
2595
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 25, 2022
11 3:13 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR SHELLEY B. MAYER, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
20
21
22
23
24
25
2596
1 P R O C E E D I N G S
2 ACTING PRESIDENT MAYER: The Senate
3 will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT MAYER: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT MAYER: Reading of
14 the Journal.
15 THE SECRETARY: In Senate, Sunday,
16 April 24, 2022, the Senate met pursuant to
17 adjournment. The Journal of Saturday, April 23,
18 2022, was read and approved. On motion, the
19 Senate adjourned.
20 ACTING PRESIDENT MAYER: Without
21 objection, 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.
2597
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Gianaris.
6 SENATOR GIANARIS: Good afternoon,
7 Madam President.
8 Amendments are offered to the
9 following Third Reading Calendar bills:
10 By Senator Gaughran, page 11,
11 Calendar 361, Senate Print 7399;
12 By Senator Krueger, page 13,
13 Calendar 395, Senate Print 6244A;
14 By Senator Mayer, page 24,
15 Calendar Number 623, Senate Print 7582;
16 By Senator Breslin, page 28,
17 Calendar 675, Senate Print 1501;
18 And by Senator Parker, page 30,
19 Calendar 711, Senate Print 3028.
20 ACTING PRESIDENT MAYER: The
21 amendments are received, and the bills will
22 retain their place on the Third Reading Calendar.
23 Senator Gianaris.
24 SENATOR GIANARIS: Of behalf of
25 Senator Myrie, I wish to call up Senate Print
2598
1 253, recalled from the Assembly, which is now at
2 the desk.
3 ACTING PRESIDENT MAYER: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number 1,
6 Senate Print 253, by Senator Myrie, an act to
7 amend the Election Law.
8 SENATOR GIANARIS: Move to
9 reconsider the vote by which the bill was passed.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT MAYER: The bill
15 is restored to its place on the Third Reading
16 Calendar.
17 SENATOR GIANARIS: I offer the
18 following amendments.
19 ACTING PRESIDENT MAYER: The
20 amendments are received, and the bill will retain
21 its place on the Third Reading Calendar.
22 SENATOR GIANARIS: At this time can
23 we take up previously adopted Resolution 1970, by
24 Senator Hinchey, read that resolution in its
25 entirety, and recognize Senator Hinchey on the
2599
1 resolution.
2 ACTING PRESIDENT MAYER: The
3 Secretary will read.
4 THE SECRETARY: Senate Resolution
5 1970, by Senator Hinchey, mourning the death of
6 Sherret Spaulding Chase, renowned
7 conservationist, professor, scientist, and family
8 man.
9 "WHEREAS, It is the custom of this
10 Legislative Body to pay tribute to citizens of
11 the State of New York whose lifework and civic
12 endeavor served to enhance the quality of life in
13 their communities and this great Empire State;
14 and
15 "WHEREAS, Sherret S. Chase of
16 Ashokan, New York, died on Monday, June 7, 2021,
17 at the age of 102; and
18 "WHEREAS, Sherret S. Chase
19 distinguished himself in his profession and by
20 his sincere dedication and substantial
21 contribution to the prospering of his community
22 and its residents as well as communities around
23 the globe through his dedicated scientific
24 research and forestry conservation efforts; and
25 "WHEREAS, After beginning his
2600
1 undergraduate career at the University of Arizona
2 studying biology, Sherret S. Chase transferred to
3 Yale University, where he earned his degree and
4 started to discover his passion for botany; and
5 "WHEREAS, Sherret S. Chase later
6 completed his graduate degree in plant cytology
7 and genetics, with a minor in philosophy, at
8 Cornell University; he completed three years of
9 service to his country in the United States Army
10 Air Corps before returning to Cornell University,
11 where he received his Ph.D. in 1946; and
12 "WHEREAS, A true trailblazer of
13 scientific research, Sherret S. Chase earned the
14 nickname 'Father of the Double Haploid Method'
15 due to his discoveries and understanding of this
16 method of plant reproduction and genetics; and
17 "WHEREAS, In this capacity, Sherret
18 S. Chase's work largely focused on the production
19 of inbred lines of maize to create more resistant
20 and prolific varieties of the plant; with the
21 method he is credited for developing, the
22 timeline for the production of such important
23 strains of maize are drastically reduced, aiding
24 in creating disease-resistant plants, which
25 resultantly helps increase food security for
2601
1 nations and communities in need; and
2 "WHEREAS, Throughout his illustrious
3 career, Sherret S. Chase worked in a variety of
4 positions, including as an assistant professor,
5 associate professor and professor at various
6 colleges, as well as a research geneticist at
7 DeKalb Agricultural Association and researcher
8 through Harvard University Fellowships; and
9 "WHEREAS, Sherret S. Chase was an
10 early leader in the environmental movement,
11 recognizing the intersection of conservation and
12 a prosperous local economy as well as the
13 importance of preserving our natural resources
14 for generations to come; and
15 "WHEREAS, Regarded by his loved ones
16 as his most significant local achievement,
17 Sherret S. Chase was the founding president of
18 the Catskill Center for Conservation and
19 Development, the esteemed position he held for
20 more than 50 years; and
21 "WHEREAS, Under his able leadership,
22 this vital organization was instrumental in
23 defining and promoting a regional identity which
24 emphasized protecting its unique environment
25 while fostering compatible economic growth; and
2602
1 "WHEREAS, The recipient of numerous
2 awards and accolades, Sherret S. Chase received
3 Iowa State University's first-ever Award for
4 Sustained Excellence, and the honorary degree of
5 Doctor of Science by Northern Illinois University
6 for his work in developing the Double Haploid
7 Method; and
8 "WHEREAS, Sherret S. Chase's legacy
9 is a tribute to hard work, the importance of
10 education, family, and environmental
11 consciousness; and
12 "WHEREAS, Sherret S. Chase was
13 predeceased by his beloved wife of 69 years,
14 Catherine Ross Compton Chase; his
15 daughter-in-law, Susan Ruth Page Chase; and his
16 son-in-law, Jeffrey Blair Peters; he is survived
17 by five children -- Catherine Harrington Chase
18 Peters, Helen Kelsey Chase, Sherret Edwards
19 Chase, Wilson Compton Chase, and Alice Ross Chase
20 Robeson -- as well as eight grandchildren and
21 eight great-grandchildren; one past son-in-law
22 and two past daughters-in-law, John R. Long,
23 Lindsay Chase-Lansdale, and Kathleen Edwards
24 Chase, are also fondly acknowledged; and
25 "WHEREAS, Armed with a humanistic
2603
1 spirit and imbued with a sense of compassion,
2 Sherret S. Chase leaves behind a legacy which
3 will long endure the passage of time and will
4 remain as a comforting memory to all he served
5 and befriended; now, therefore, be it
6 "RESOLVED, That this Legislative
7 Body pause in its deliberations to mourn the
8 death of Sherret S. Chase, and to express its
9 deepest condolences to his family and friends;
10 and be it further
11 "RESOLVED, That a copy of this
12 resolution, suitably engrossed, be transmitted to
13 the family of Sherret S. Chase."
14 ACTING PRESIDENT MAYER: Senator
15 Hinchey on the resolution.
16 SENATOR HINCHEY: Thank you,
17 Madam President.
18 I rise today to honor the incredible
19 life of beloved Catskills legend -- and a
20 trailblazer of scientific research and
21 conservation -- Sherret Chase.
22 Sherret was a conservation pioneer
23 and a world-renowned scientist with an unwavering
24 love of the Catskills and people who call our
25 region home. That love started as a kid when
2604
1 Sherret and his family would trek 200 miles in a
2 Model T Ford from Pennsylvania to his
3 grandparents' farmstead in Ashokan every summer
4 and every holiday.
5 Through his childhood explorations
6 in the Catskills, Sherret developed a deep
7 interest in botany and forestry, which he would
8 later study at Yale, Cornell and Harvard.
9 His groundbreaking research in the
10 field of plant genetics earned him the nickname
11 "Father of the Double Haploid Method." It was
12 through this visionary scientific concept that he
13 revolutionized maize research and production,
14 which has strengthened food security and
15 protected the crop yield of small disadvantaged
16 farmers on a global scale.
17 An early leader in the environmental
18 movement and an unparalleled advocate for the
19 Catskills, Sherret always saw what few others
20 did: A profound connection between conservation
21 and its ability to elevate a regional economy.
22 This rare foresight led to one of Sherret's most
23 significant local achievements, when in 1969 he
24 founded and became the first president of the
25 Catskill Center for Conservation and Development,
2605
1 an esteemed position he held for over 50 years.
2 The Catskill Center has become a
3 leading environmental advocacy organization,
4 focused on strengthening our local economies
5 through our abundant resources and making the
6 lands around us accessible for generations to
7 come. It was always his hope that our state and
8 community work together to protect the Catskills
9 and its precious natural resources -- and Sherret
10 was always quick to point out that those natural
11 resources include the people who live there.
12 Sherret's tireless advocacy and
13 commitment to the Catskills was beyond
14 inspirational: It was a calling. The lengths he
15 went to uplift our home region and expand our
16 circle of advocates is a gift that we can never
17 repay.
18 It is a privilege to celebrate the
19 legacy of this incredible man, and I know he's
20 watching us, probably mid-hike with his great
21 friend and my dad, Maurice Hinchey, proud to know
22 so many are carrying on the mantle of Catskills
23 stewardship and protection in his honor.
24 Madam President, I'm proud to vote
25 aye on this resolution, and I ask you to please
2606
1 welcome the Chase family and friends to the
2 Senate, including family members Helen Chase,
3 Sherret Chase, Alice Robeson, Robert Robeson, and
4 friends Peg DiBenedetto, Board President of the
5 Catskill Center; Peter and Doug Senterman,
6 representing Executive Director Jeff Senterman of
7 the Catskill Center; and from Adirondack Wild,
8 Managing Partner David Gibson, Partner Ken
9 Rimany, and Board Chair Terry Jandreau.
10 ACTING PRESIDENT MAYER: Thank you,
11 Senator Hinchey.
12 To our guests, particularly members
13 of the Chase family, I welcome you on behalf of
14 the Senate. We extend to you the privileges and
15 courtesies of the house. Please rise and be
16 recognized.
17 (Standing ovation.)
18 ACTING PRESIDENT MAYER: The
19 resolution was previously adopted on March 8th.
20 Senator Gianaris.
21 SENATOR GIANARIS: Madam President,
22 Senator Hinchey would like to open that
23 resolution for cosponsorship.
24 ACTING PRESIDENT MAYER: The
25 resolution is open for cosponsorship. Should you
2607
1 choose not to be a cosponsor of the resolution,
2 please notify the desk.
3 Senator Gianaris.
4 SENATOR GIANARIS: There will now
5 be an immediate meeting of the Rules Committee in
6 Room 332.
7 ACTING PRESIDENT MAYER: There will
8 be an immediate meeting of the Rules Committee in
9 Room 332.
10 The Senate will stand at ease.
11 (Whereupon, the Senate stood at ease
12 at 3:24 p.m.)
13 (Whereupon, the Senate reconvened at
14 3:31 p.m.)
15 ACTING PRESIDENT MAYER: The Senate
16 will return to order.
17 Senator Gianaris.
18 SENATOR GIANARIS: There's a report
19 of the Rules Committee at the desk. Can we
20 please take that up.
21 ACTING PRESIDENT MAYER: The
22 Secretary will read.
23 THE SECRETARY: Senator
24 Stewart-Cousins, from the Committee on Rules,
25 reports the following bills:
2608
1 Senate Print 3229A, by
2 Senator Parker, an act to amend the Real Property
3 Tax Law;
4 Senate Print 8417B, by
5 Senator Persaud, an act to amend the
6 Executive Law;
7 Senate Print 8830, by
8 Senator Stewart-Cousins, an act to amend the
9 Environmental Conservation Law.
10 All bills reported direct to third
11 reading.
12 SENATOR GIANARIS: Move to accept
13 the report of the Rules Committee.
14 ACTING PRESIDENT MAYER: All those
15 in favor of accepting the report of the Rules
16 Committee signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT MAYER: Opposed,
19 nay.
20 (No response.)
21 ACTING PRESIDENT MAYER: The report
22 is adopted.
23 Senator Gianaris.
24 SENATOR GIANARIS: Please take up
25 the reading of the calendar.
2609
1 ACTING PRESIDENT MAYER: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number 72,
4 Senate Print 659, by Senator May, an act to amend
5 the Environmental Conservation Law.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Senator
14 May to explain her vote.
15 SENATOR MAY: Thank you,
16 Madam President.
17 With each Earth Day, the urgency
18 grows for taking substantive action to align our
19 human priorities with the needs of the natural
20 world. That means reining in greenhouse gas
21 emissions, protecting vulnerable communities from
22 the impacts of global warming and other
23 environmental stresses, reducing waste and
24 protecting public lands.
25 This package of bills that we're
2610
1 voting on today will promote renewable energy
2 generation, encourage the adoption of cleaner
3 electric vehicles, buildings and equipment, and
4 lift up environmental justice communities that
5 have borne the brunt of dirty industries in the
6 past.
7 My bill in this package makes sure
8 that we can do renewable energy development on
9 state reforestation lands, which are home to
10 hundreds if not thousands of gas and oil leases
11 and definitely should be places where we can
12 produce renewable energy.
13 So I am grateful to my colleagues
14 and the leadership for all of the bills on this
15 package today, and I proudly vote aye.
16 Thank you.
17 ACTING PRESIDENT MAYER: Senator
18 May to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: In relation to
21 Calendar 72, those Senators voting in the
22 negative are Senators Akshar, Borrello, Helming,
23 Lanza and O'Mara.
24 Ayes, 57. Nays, 5.
25 ACTING PRESIDENT MAYER: The bill
2611
1 is passed.
2 THE SECRETARY: Calendar Number 73,
3 Senate Print 1103A, by Senator Kaminsky, an
4 action to establish the Bottle Redemption Fraud
5 Task Force.
6 ACTING PRESIDENT MAYER: Read the
7 last section.
8 THE SECRETARY: Section 6. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number 74,
19 Senate Print 1237, by Senator Gianaris, an act to
20 amend the Environmental Conservation Law.
21 ACTING PRESIDENT MAYER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MAYER: Call the
2612
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAYER: Announce
4 the results.
5 THE SECRETARY: In relation to
6 Calendar Number 74, those Senators voting in the
7 negative are Senators Akshar, Borrello, Gallivan,
8 Griffo, Jordan, Lanza, Oberacker, O'Mara, Ortt,
9 Palumbo, Rath, Ritchie, Serino, Stec and Tedisco.
10 Ayes, 47. Nays, 15.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number 75,
14 Senate Print 1421, by Senator Serrano, an act to
15 amend the Environmental Conservation Law.
16 ACTING PRESIDENT MAYER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAYER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MAYER: Announce
24 the results.
25 THE SECRETARY: In relation to
2613
1 Calendar Number 75, voting in the negative:
2 Senator O'Mara.
3 Ayes, 61. Nays, 1.
4 ACTING PRESIDENT MAYER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number 76,
7 Senate Print 2995, by Senator Harckham, an act to
8 amend the Environmental Conservation Law.
9 ACTING PRESIDENT MAYER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAYER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAYER: Senator
17 Harckham to explain his vote.
18 SENATOR HARCKHAM: Thank you,
19 Madam President.
20 I want to thank Chairman Kaminsky
21 and the Majority Leader for bringing this to the
22 floor. I want to thank Senators for past support
23 on this bill. We've passed it in this house
24 before.
25 With the time urgency of the CLCPA
2614
1 and also in creating community solar to save our
2 local constituents money on their energy bills,
3 one of the partnerships is between municipalities
4 and solar companies to create solar canopies over
5 parklands. This eases pressure on farmland or
6 valuable open space.
7 The challenge is that any time
8 anything happens in parkland, even it's over the
9 impervious surface, folks have to come to the
10 Legislature for alienation, which we know can be
11 a lengthy process, adding a year or two to the
12 process of creating solar.
13 This bill would allow that for solar
14 canopies built only over the impervious surface,
15 the parking space, that municipalities would not
16 have to come to this body for alienation. It
17 will speed up the process, it will take the
18 pressure off of precious open space and farmland
19 for the creation of solar. And that's why
20 municipalities are so excited to do this bill.
21 So I'm glad we're taking it up again
22 today, with the hope that this year the Assembly
23 will join us with our enthusiasm. And I vote
24 aye.
25 Thank you very much,
2615
1 Madam President.
2 ACTING PRESIDENT MAYER: Senator
3 Harckham to be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 76, those Senators voting in the
7 negative are Senators Ortt and Ritchie.
8 Ayes, 60. Nays, 2.
9 ACTING PRESIDENT MAYER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 119, Senate Print 1829A, by Senator Skoufis, an
13 act to amend the Public Authorities Law.
14 ACTING PRESIDENT MAYER: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAYER: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAYER: Announce
22 the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT MAYER: The bill
25 is passed.
2616
1 THE SECRETARY: Calendar Number
2 122, Senate Print 7453A, by Senator Krueger, an
3 act to amend the Public Authorities Law.
4 ACTING PRESIDENT MAYER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAYER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAYER: Announce
12 the results.
13 THE SECRETARY: In relation to
14 Calendar 122, those Senators voting in the
15 negative are Senators Griffo and Oberacker.
16 Ayes, 60. Nays, 2.
17 ACTING PRESIDENT MAYER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 123, Senate Print 23A, by Senator Kaplan, an act
21 to amend the State Finance Law and the Labor Law.
22 ACTING PRESIDENT MAYER: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
2617
1 ACTING PRESIDENT MAYER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAYER: Senator
5 Kaplan to explain her vote.
6 SENATOR KAPLAN: Thank you,
7 Madam President.
8 Climate change has the power to
9 devastate life on Long Island and across the
10 state. And in order to combat it, we must take
11 decisive action and make real investments in the
12 green infrastructure technology and jobs of the
13 future.
14 Ensuring that the new parking
15 structures are prewired for electric vehicles
16 charging is a no-brainer. And it is what needs
17 to be done to ensure that our infrastructure will
18 be ready to handle the growing number of EVs on
19 the road today and tomorrow.
20 I'm proud to sponsor legislation to
21 get it done, and I'm proud to support the full
22 package of environmental legislation being passed
23 by the Senate Majority today.
24 I'm grateful for the leadership of
25 Majority Leader Andrea Stewart-Cousins in
2618
1 bringing these bills to the floor and for
2 ensuring we continue to lead the way in combating
3 climate change and supporting environmental
4 conservation.
5 Thank you.
6 ACTING PRESIDENT MAYER: Senator
7 Kaplan to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT MAYER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 125, Senate Print 2838C, by Senator Parker, an
14 act to amend the Executive Law.
15 ACTING PRESIDENT MAYER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAYER: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MAYER: Announce
23 the results.
24 THE SECRETARY: In relation to
25 Calendar Number 125, those Senators voting in the
2619
1 negative are Senators Akshar, Borrello, Gallivan,
2 Griffo, Jordan, Lanza, Martucci, Oberacker,
3 O'Mara, Ortt, Rath, Ritchie and Stec.
4 Ayes, 49. Nays, 13.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 127, Senate Print 7176, by Senator Parker, an act
9 to amend the Energy Law.
10 SENATOR LANZA: Lay it aside.
11 ACTING PRESIDENT MAYER: The bill
12 is laid aside.
13 THE SECRETARY: Calendar Number
14 222, Senate Print 1868, by Senator Ritchie, an
15 act in relation to authorizing the Town of
16 DeKalb, in the County of St. Lawrence, to reduce
17 the maximum speed limit on certain public
18 roadways.
19 ACTING PRESIDENT MAYER: There is a
20 home-rule message at the desk.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAYER: Call the
25 roll.
2620
1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAYER: Announce
3 the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT MAYER: The bill
6 is passed.
7 THE SECRETARY: Excuse me, I'm
8 sorry.
9 ACTING PRESIDENT MAYER: Announce
10 the results.
11 THE SECRETARY: In relation to
12 Calendar Number 222, voting in the negative:
13 Senator Skoufis.
14 Ayes, 61. Nays, 1.
15 ACTING PRESIDENT MAYER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 262, Senate Print 5027B, by Senator Kavanagh, an
19 act to amend the Environmental Conservation Law.
20 SENATOR LANZA: Lay it aside.
21 ACTING PRESIDENT MAYER: The bill
22 is laid aside.
23 THE SECRETARY: Calendar Number
24 375, Senate Print 6919, by Senator Kennedy, an
25 act to amend the Public Service Law.
2621
1 ACTING PRESIDENT MAYER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAYER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAYER: Announce
9 the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 480, Senate Print 7521, by Senator Stec, an act
15 to amend the General Municipal Law.
16 ACTING PRESIDENT MAYER: There is a
17 home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAYER: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAYER: Announce
25 the results.
2622
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT MAYER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 598, Senate Print 370A, by Senator Hoylman, an
6 act to amend the Executive Law.
7 ACTING PRESIDENT MAYER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAYER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAYER: Announce
15 the results.
16 THE SECRETARY: In relation to
17 Calendar Number 598, those Senators voting in the
18 negative are Senators Borrello, Felder, Gallivan,
19 Griffo, Jordan, Lanza, Oberacker, O'Mara, Ortt,
20 Rath, Ritchie and Stec.
21 Ayes, 50. Nays, 12.
22 ACTING PRESIDENT MAYER: The bill
23 is passed.
24 Senator Gianaris, that completes the
25 reading of today's calendar.
2623
1 SENATOR GIANARIS: Can we please
2 take up the supplemental calendar.
3 ACTING PRESIDENT MAYER: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 756, Senate Print 3229A, by Senator Parker, an
7 act to amend the Real Property Tax Law.
8 ACTING PRESIDENT MAYER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAYER: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MAYER: Announce
16 the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT MAYER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 757, Senate Print 8417B, by Senator Persaud, an
22 act to amend the Executive Law.
23 SENATOR GIANARIS: Lay it aside for
24 the day, please.
25 ACTING PRESIDENT MAYER: The bill
2624
1 is laid aside for the day.
2 THE SECRETARY: Calendar Number
3 758, Senate Print Number 8830, by
4 Senator Stewart-Cousins, an act to amend the
5 Environmental Conservation Law.
6 SENATOR LANZA: Lay it aside.
7 ACTING PRESIDENT MAYER: The bill
8 is laid aside.
9 Senator Gianaris, that completes the
10 reading of the supplemental calendar.
11 SENATOR GIANARIS: Let's take up
12 the controversial calendar, please.
13 ACTING PRESIDENT MAYER: The
14 Secretary will ring the bell.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 127, Senate Print 7176, by Senator Parker, an act
18 to amend the Energy Law.
19 ACTING PRESIDENT MAYER: Senator
20 Lanza, why do you rise?
21 SENATOR LANZA: Madam President, I
22 believe there's an amendment at the desk. I
23 waive the reading of that amendment and ask that
24 you recognize Senator Stec to be heard.
25 ACTING PRESIDENT MAYER: Thank you,
2625
1 Senator Lanza.
2 Upon review of the amendment, in
3 accordance with Rule 6, Section 4B, I rule it
4 nongermane and out of order at this time.
5 SENATOR LANZA: Accordingly,
6 Madam President, I appeal the ruling of the chair
7 and ask that you recognize Senator Stec.
8 ACTING PRESIDENT MAYER: The appeal
9 has been made and recognized, and Senator Stec
10 may be heard.
11 SENATOR STEC: Thank you, Madam
12 President.
13 This amendment is germane to the
14 bill-in-chief because the amendment requires a
15 cost analysis study of the Climate Leadership and
16 Community Protection Act, and the bill-in-chief
17 attempts to align the Energy Code with the clean
18 energy and the climate policies and goals of the
19 state, specifically the Climate Leadership and
20 Community Protection Act.
21 For some brief history, the state
22 passed the Climate Leadership and Community
23 Protection Act in 2019. The CLCPA requires
24 100 percent zero-emission electricity by the year
25 2040 and reduction of at least 85 percent below
2626
1 the 1990 level greenhouse gas emissions by the
2 year 2050.
3 The CLCPA establishes a Climate
4 Action Council made up of 23 members that will
5 make decisions on how the state will achieve
6 these emission goals.
7 Nowhere in the CLCPA does it call
8 for a cost-analysis study of decisions made by
9 this Climate Action Council.
10 The Climate Action Council recently
11 released a draft scoping plan, and their scoping
12 plan calls for a prohibition on gas and oil
13 equipment for new construction on single-family
14 residential buildings by the year 2024, and
15 multifamily and commercial buildings by 2027. It
16 also would require the prohibition of the sale of
17 gas-powered passenger vehicles by 2030.
18 Before these policies are
19 implemented, a cost analysis should be performed
20 to determine how New Yorkers' finances will be
21 impacted. For instance, a ban on natural gas
22 hookups for single-family homes means that
23 instead of paying $3,000 to $5,000 for a new
24 natural gas furnace, a homeowner would have to
25 pay $25,000 to $40,000 for a geothermal heat
2627
1 pump.
2 The average cost of a gas-powered
3 vehicle is $35,000, while the average cost of an
4 electric vehicle is $55,000, a $20,000 increase
5 above a gas car. I don't know about you, but a
6 lot of my constituents do not have an extra
7 $20,000 lying around to spend on a new vehicle.
8 These are just two of the many
9 proposals that the council has come up with that
10 will drive costs up for the average New Yorker.
11 As is recently evident from recent skyrocketing
12 costs in gas, New Yorkers are very in-tune to
13 energy costs, and we should be doing everything
14 possible to keep energy costs down, especially as
15 we transition to a zero-emission economy.
16 For that reason, I urge my
17 colleagues to support this amendment that we
18 provide a cost analysis of the decisions that are
19 going to be coming from CLCPA.
20 Thank you.
21 ACTING PRESIDENT MAYER: Thank you,
22 Senator Stec.
23 I want to remind the house that the
24 vote is on the procedures of the house and the
25 ruling of the chair.
2628
1 Those in favor of overruling the
2 chair, signify by saying aye.
3 SENATOR LANZA: Request a show of
4 hands.
5 SENATOR GIANARIS: Madam President,
6 we've agreed to waive the showing of hands and
7 record each member of the Minority in the
8 affirmative.
9 ACTING PRESIDENT MAYER: Without
10 objection, so ordered.
11 Announce the results.
12 THE SECRETARY: Ayes, 20.
13 ACTING PRESIDENT MAYER: The ruling
14 of the chair stands, and the bill-in-chief is
15 before the house.
16 Are there any other Senators wishing
17 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 23. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAYER: Call the
24 roll.
25 (The Secretary called the roll.)
2629
1 ACTING PRESIDENT MAYER: Announce
2 the results.
3 THE SECRETARY: In relation to
4 Calendar 127, those Senators voting in the
5 negative are Senators Akshar, Borrello, Boyle,
6 Gallivan, Griffo, Helming, Jordan, Lanza,
7 Martucci, Mattera, Oberacker, O'Mara, Ortt,
8 Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and
9 Weik.
10 Ayes, 42. Nays, 20.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 Senator Gianaris.
14 SENATOR GIANARIS: Madam President,
15 can we now move to Calendar 758, please.
16 ACTING PRESIDENT MAYER: The
17 Secretary will ring the bell.
18 THE SECRETARY: Calendar Number
19 758, Senate Print Number 8830, by
20 Senator Stewart-Cousins, an act to amend the
21 Environmental Conservation Law.
22 ACTING PRESIDENT MAYER: Senator
23 Lanza, why do you rise?
24 SENATOR LANZA: Madam President, I
25 believe there's an amendment at the desk. I
2630
1 waive the reading of that amendment and ask that
2 you recognize Senator O'Mara to be heard.
3 ACTING PRESIDENT MAYER: Thank you,
4 Senator Lanza.
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 LANZA: Accordingly,
9 Madam President, I appeal the ruling of the chair
10 and ask that you recognize Senator O'Mara.
11 ACTING PRESIDENT MAYER: The appeal
12 has been made and recognized, and Senator O'Mara
13 may be heard.
14 SENATOR O'MARA: Thank you,
15 Madam President. On the ruling of the chair and
16 the appeal of the decision that the bill is not
17 germane.
18 I submit that both the bill-in-chief
19 and the amendment we wish to make here both deal
20 with pollution, environmental issues, certainly
21 which will encompass in the main bill the
22 location and siting of power plants and
23 particularly the pollution that comes from those.
24 That the amendment deals with also
25 the health and safety of the public and those
2631
1 members of the disadvantaged communities,
2 creating a Grid Reliability Working Group that
3 the Climate Action Council would consult with
4 when making decisions of what to include in the
5 scoping plan that is mandated under the CLCPA.
6 As we examine these facilities in
7 regards to our electrical grid and the ability to
8 provide electricity to these disadvantaged
9 communities that are targeted in this bill, the
10 reliability of that grid should be taken into
11 consideration. We have a lot of grandiose plans
12 through the Climate Action Council, and I would
13 submit that under that, the two main factors
14 other than the environment are reliability and
15 affordability. Both are being grossly overlooked
16 by the Climate Action Council on the impacts of
17 delivering electricity to meet the needs of
18 New Yorkers, including those in disadvantaged
19 communities.
20 I submit that we will find ourselves
21 back here years down the road worrying about
22 these disadvantaged communities freezing to death
23 in the dark because the electricity is not
24 getting there.
25 It's being totally ignored by the
2632
1 Climate Action Council on how this is going to
2 hold up as far as reliability and affordability,
3 and that Grid Reliability Working Group should be
4 part of what we're discussing here in the
5 bill-in-chief.
6 Thank you, Madam President.
7 ACTING PRESIDENT MAYER: Thank you,
8 Senator O'Mara.
9 I want to remind the house that the
10 vote is on the procedures of the house and the
11 ruling of the chair.
12 Those in favor of overruling the
13 chair, signify by saying aye.
14 SENATOR LANZA: Request a show of
15 hands.
16 SENATOR GIANARIS: Once again,
17 Madam President, we've agreed to waive the
18 showing of hands and record each member of the
19 Minority in the affirmative.
20 ACTING PRESIDENT MAYER: Without
21 objection, so ordered.
22 Announce the results.
23 THE SECRETARY: Ayes, 20.
24 ACTING PRESIDENT MAYER: The ruling
25 of the chair stands, and the bill-in-chief is
2633
1 before the house.
2 Are there any other Senators wishing
3 to be heard?
4 Seeing and hearing none, debate is
5 closed. The Secretary will ring the bell.
6 Read the last section.
7 THE SECRETARY: Section 9. This
8 act shall take effect on the 180th day after it
9 shall have become a law.
10 ACTING PRESIDENT MAYER: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MAYER: Announce
14 the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT MAYER: The bill
17 is passed.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 262, Senate Print 5027B, by Senator Kavanagh, an
21 act to amend the Environmental Conservation Law.
22 ACTING PRESIDENT MAYER: Senator
23 Rath, why do you rise?
24 SENATOR RATH: Madam President,
25 will the sponsor yield for some questions?
2634
1 ACTING PRESIDENT MAYER: Does the
2 sponsor yield, Senator Kavanagh?
3 SENATOR KAVANAGH: Yes,
4 Madam President.
5 ACTING PRESIDENT MAYER: The
6 sponsor yields.
7 SENATOR RATH: Thank you,
8 Senator Kavanagh. Good to see you.
9 Carpet represents a minor portion of
10 the solid waste generated in the United States.
11 According to a recent EPA report, it's as little
12 as 1.2 percent nationwide. Does this amount
13 justify an expensive and burdensome program in
14 New York?
15 SENATOR KAVANAGH: Through you,
16 Madam President, 1.2 percent of all waste created
17 by Americans is not a small amount. If you think
18 of all of the activities we engage in every day,
19 the fact that 1/80th of all of the waste produced
20 by Americans is this one material, carpeting,
21 that we see every day, it's actually a very
22 significant amount.
23 Moreover, this bill does not impose
24 substantial new costs on consumers. In fact, it
25 is supported by, among others, the New York
2635
1 Association of Counties because they believe it
2 will save our taxpayers across the state money
3 and -- you know, I think I'll leave it there. I
4 assume there are some other questions.
5 SENATOR RATH: Through you,
6 Madam President, will the sponsor continue to
7 yield.
8 ACTING PRESIDENT MAYER: Does the
9 sponsor yield?
10 SENATOR KAVANAGH: Yes,
11 Madam President.
12 ACTING PRESIDENT MAYER: The
13 sponsor yields.
14 SENATOR RATH: Thank you. The bill
15 specifies that "Recycling infrastructure will
16 need to be created to address rising need once
17 legislation is enacted."
18 Can the sponsor elaborate on what
19 the cost will be to establish this new recycling
20 infrastructure?
21 SENATOR KAVANAGH: Through you,
22 Madam President. Recycling infrastructure,
23 otherwise known as private enterprise. We are
24 going to create, through this bill, a new
25 material that has a marketable value in the
2636
1 materials that are created by recycling of
2 carpets.
3 And we will also create new
4 private-sector enterprises that will do this work
5 that is important for our environment and for our
6 broader society, but also will be friendly to
7 communities throughout our state that will see
8 new jobs.
9 The bill model is modeled on a
10 program that's already been in existence in
11 California for more than a decade, and that many
12 business entities throughout the country have
13 already adopted voluntarily in various ways.
14 There are arrangements being made
15 around the country for private businesses to take
16 carpeting materials, recycle it, and use the
17 valuable products that can be created by
18 recycling.
19 So what -- the actual mechanism to
20 create this infrastructure will be that
21 manufacturers, either on their own or through,
22 you know, groups of manufacturers that would get
23 together and do this, will provide an
24 infrastructure to collect and recycle their
25 carpeting materials.
2637
1 It will be based on how much
2 activity, retail activity they have in the
3 state -- actually, sorry, not just retail, how
4 much carpeting they're selling in the state. And
5 they will have to meet targets over time to
6 increase the amount of manufacturing they're
7 doing.
8 SENATOR RATH: Through you,
9 Madam President, will the sponsor continue to
10 yield.
11 ACTING PRESIDENT MAYER: Will the
12 sponsor yield?
13 SENATOR KAVANAGH: Yes,
14 Madam President.
15 ACTING PRESIDENT MAYER: The
16 sponsor yields.
17 SENATOR RATH: So who will
18 ultimately pay for this new infrastructure?
19 SENATOR KAVANAGH: Through you,
20 Madam President, the carpeting industry, the
21 manufacturers -- not the retailers, and not
22 directly the consumers -- will create this
23 infrastructure to recycle their product.
24 You know, the concept here is
25 producer responsibility. You know, you produce a
2638
1 product, you put it out on the market, you'll be
2 responsible for the life cycle of that product.
3 Whether this is net -- a net cost to
4 the industry or something more positive over time
5 is an open question. But we will be requiring
6 that people who are providing carpet or
7 manufacturing carpet and selling it in our state
8 are taking responsibility for the impact of that
9 product rather than leaving the disposal of that
10 product to -- almost entirely to be funded by
11 taxpayers, which is how it's funded now.
12 SENATOR RATH: Through you,
13 Madam President, will the sponsor continue to
14 yield.
15 ACTING PRESIDENT MAYER: Do you
16 continue to yield?
17 SENATOR KAVANAGH: I do indeed,
18 Madam President.
19 ACTING PRESIDENT MAYER: The
20 sponsor yields.
21 SENATOR RATH: Thank you.
22 Granted, this legislation states
23 that the producers will be responsible for the
24 cost of the program. However, it does not bar
25 producers or retailers from passing the cost
2639
1 along to consumers through additional fees.
2 Is it accurate to say that this
3 program will simply mean that carpet will be more
4 and more expensive for homeowners and renovators?
5 SENATOR KAVANAGH: Through you,
6 Madam President. Again, I think it's an open
7 question how this affects the overall economics
8 of the carpeting industry.
9 The collection and recycling of
10 carpeting will have an economic value, and you
11 will create products that can be resold. And
12 indeed, that over time an increasing percentage
13 of the materials will be reused to make
14 carpeting. Carpeting is a very -- the input
15 materials for carpeting are very expensive and
16 mostly petroleum-based. So the net effect on the
17 cost of carpeting I think is an open question.
18 Having said that, we're all -- when
19 we dispose -- when we produce things in our
20 society and we dispose of them, there is a
21 disposal cost one way or the other. And
22 currently that disposal cost is borne
23 overwhelmingly by local governments. And of
24 course we know who pays for local governments,
25 the taxpayers of our local governments.
2640
1 So over time, one way or the other,
2 New Yorkers will be paying -- New Yorkers likely
3 will be paying less net. But whether there's an
4 increase in the cost of carpeting and perhaps an
5 offsetting decrease in the cost of local
6 governments I think is an open question.
7 SENATOR RATH: Through you,
8 Madam President, will the sponsor continue to
9 yield.
10 ACTING PRESIDENT MAYER: Do you
11 continue to yield?
12 SENATOR KAVANAGH: Yes,
13 Madam President.
14 ACTING PRESIDENT MAYER: The
15 Senator yields.
16 SENATOR RATH: Senator Kavanagh,
17 earlier you referenced California. Let's delve
18 into that a little bit. And that's the only
19 other state with an EPR law. And the
20 infrastructure is supported by a fee of $35 per
21 square yard of carpet.
22 Do you believe New Yorkers can
23 expect a similar fee to California's?
24 Let me clarify: 35 cents.
25 SENATOR KAVANAGH: Yup.
2641
1 SENATOR RATH: Not quite that
2 expensive.
3 SENATOR KAVANAGH: There is -- the
4 California legislature, in negotiation with the
5 industry, decided to set a specific fee. We
6 think that that's not necessary.
7 We think that efficient participants
8 in the carpeting manufacturing space will figure
9 out the most efficient ways to do this. They are
10 going to be required to ensure that there is a
11 convenient collection site for various consumers
12 throughout the state. They're allowed to work
13 jointly on creating that.
14 So I think, again, it's hard to know
15 how much the cost is. But again, it is 35 cents,
16 not $35. So, you know, there's that.
17 SENATOR RATH: Thank you.
18 Through you, Madam President, will
19 the sponsor continue to yield.
20 ACTING PRESIDENT MAYER: Do you
21 continue to yield?
22 SENATOR KAVANAGH: Yes,
23 Madam President.
24 ACTING PRESIDENT MAYER: The
25 sponsor yields.
2642
1 SENATOR RATH: We'll get to the
2 collection sites in a minute, Senator Kavanagh.
3 But similarly, California's fees
4 have been steadily rising since its
5 implementation. Given the need to establish
6 infrastructure in New York, should we expect to
7 see the same level of rising fees once this
8 program is implemented?
9 SENATOR KAVANAGH: Just a -- I'm
10 being reminded that -- a couple of salient points
11 here.
12 First of all, there will be an
13 advisory board that will be set up that will have
14 all participants in the industry. And the DEC
15 will be reviewing the cost of this program over
16 time and ensuring that, you know, that the costs
17 are reasonable given the need to do this.
18 But again, the costs are there. The
19 costs of dealing with your carpeting once it's
20 ripped up and going off somewhere are in the
21 system already. So again, it's an open question
22 whether this is a net increase in costs overall
23 to New Yorkers.
24 SENATOR RATH: Through you,
25 Madam President, will the sponsor continue to
2643
1 yield.
2 ACTING PRESIDENT MAYER: Does the
3 sponsor continue to yield?
4 SENATOR KAVANAGH: Yes,
5 Madam President.
6 ACTING PRESIDENT MAYER: The
7 sponsor yields.
8 SENATOR RATH: First a comment on
9 the advisory board. I hope that you'll keep us
10 all informed on what happens with regards to that
11 advisory board. I think that's very important.
12 Carpet has experienced a substantial
13 decrease in its share of the flooring market over
14 the past several years. If this trend persists,
15 is there a concern that the recycled materials
16 from this program will end up back in the waste
17 stream?
18 SENATOR KAVANAGH: Through you,
19 Madam President. I suppose if everybody stopped
20 using carpeting, you know, that might -- that
21 might be a positive thing from an environmental
22 perspective, but that's not the goal of this
23 legislation.
24 I suppose if we got to the point
25 where people stopped using carpeting, we might
2644
1 have to reconsider -- particularly, there's a
2 circular -- there's a closed circle recycling
3 requirement, it's a -- closed loop recycling
4 requirement in this where some fraction of the
5 recycled materials must go into producing new
6 carpeting.
7 I suppose if there was a radical
8 change -- I mean, carpeting's been around a long
9 time, I don't anticipate that we'll cease to use
10 it entirely -- but I guess we might have to
11 revisit that particular element.
12 But I would note that carpeting
13 materials, once properly recycled, once properly
14 separated into their components, do have a market
15 value. And again, in many cases private
16 companies that are producing carpeting and
17 installing carpeting and removing carpeting are
18 making deals with companies that need those
19 materials.
20 And again, many of those private
21 companies -- that are in some cases very large
22 manufacturing enterprises -- are in support of
23 this bill because they believe it will produce
24 marketable materials for them.
25 SENATOR RATH: Through you,
2645
1 Madam President, will the sponsor continue to
2 yield.
3 ACTING PRESIDENT MAYER: Do you
4 continue to yield?
5 SENATOR KAVANAGH: Yes,
6 Madam President.
7 ACTING PRESIDENT MAYER: The
8 sponsor yields.
9 SENATOR RATH: Thank you for your
10 indulgence, Senator Kavanagh.
11 We've heard from industry
12 stakeholders in my district -- Kenny Carpets,
13 which is a major player in Western New York --
14 and they have major concerns about this
15 legislation. I'll get back to that in a little
16 bit.
17 The previous version of this
18 legislation required collection sites to be a
19 certain distance from major population centers.
20 But this version requires one in at least every
21 county, and one in every municipality over
22 10,000 people, with an additional location per
23 30,000 people.
24 For example, the City of Albany
25 would have three to four locations. The Town of
2646
1 Hempstead would have 25. My Town of Amherst, my
2 hometown of Amherst, would have four locations.
3 Yet we only have one town waste site. Why does
4 it need to have four carpet collection sites, and
5 why on earth so many collection sites across this
6 state?
7 SENATOR KAVANAGH: Through you,
8 Madam President, again, the goal -- this is
9 called a convenience standard. And the idea is
10 to make it where -- we're going to create a
11 program where in some cases consumers are going
12 to be encouraged to participate. Some of -- a
13 lot of the carpeting obviously will come through
14 business enterprises that are, you know,
15 carpeting large amounts of space in offices and
16 other business facilities.
17 But given that we want to maximize
18 the participation of consumers, we want to make
19 it convenient for them -- and again, in many
20 cases the -- although no individual retailer
21 would be required to participate, in many cases
22 we would expect that people who are selling
23 carpeting would also make the service of
24 collecting the recyclable materials available.
25 And again, that would be worked out with the
2647
1 manufacturers.
2 SENATOR RATH: Thank you,
3 Madam President. Will the sponsor continue to
4 yield?
5 ACTING PRESIDENT MAYER: Do you
6 continue to yield?
7 SENATOR KAVANAGH: Yes,
8 Madam President.
9 ACTING PRESIDENT MAYER: The
10 sponsor yields.
11 SENATOR RATH: Last question. And
12 I appreciate your indulgence on this.
13 I assume the intent is to have
14 retailers serve as collection sites. What if a
15 town doesn't have the number of carpet retailers
16 required as collection sites provided in this
17 law?
18 SENATOR KAVANAGH: Through you,
19 Madam President, I would expect that in many
20 cases people selling carpeting would also be the
21 material -- the site that takes the carpet waste.
22 In fact, in many cases it will be an
23 installer who is going to the place where the
24 carpet needs to be installed, is removing the
25 carpeting that -- you know, the old carpeting and
2648
1 putting in the new carpeting and is then in
2 possession of the material that needs to be
3 recycled.
4 But what the bill requires is that
5 each manufacturer propose a plan for how to
6 comply with this obligation, they propose it to
7 the DEC. Within six months of that, they begin
8 the collection process. And then in subsequent
9 years, there are goals of how much materials they
10 need to collect.
11 So there's no requirement in this --
12 and I would say no expectation -- that all the
13 recycling sites would be places where they're
14 selling carpeting. The goal would be that
15 manufacturers would figure out convenient places,
16 they would presumably make arrangements with
17 entities that are doing that.
18 You could conceivably make an
19 arrangement -- there's a -- I should note also
20 there is a separate provision for New York City,
21 where the City of -- because New York City is
22 such a large place and one big municipality, the
23 DEC and the Department of Sanitation could come
24 up with a way of complying with the convenience
25 standard citywide. Because obviously the way we
2649
1 collect trash there is somewhat different, and
2 the way we recycle materials is somewhat
3 different.
4 But basically the industry will come
5 up with ways of ensuring that people -- that
6 consumers can conveniently drop off their
7 carpeting materials if they're doing it
8 themselves.
9 SENATOR RATH: Madam President, on
10 the bill.
11 ACTING PRESIDENT MAYER: Senator
12 Rath on the bill.
13 SENATOR RATH: Senator Kavanagh,
14 thank you for our discussion and our debate for
15 an issue that is underfoot but top of mind.
16 At a time when inflation is driving
17 up prices across a number of products and markets
18 in our state and in our country, this body
19 has done an incredible job of passing legislation
20 to ensure that higher prices are here to stay.
21 The bill before us today is nothing
22 more than a tax on carpet, a pass-along fee for
23 consumers to pay while businesses are crushed by
24 senseless mandates and costly regulations.
25 In 10 years, when the average New
2650
1 Yorker is forced to rely on large chain stores
2 for their carpet, the mom-and-pops of our
3 communities will showcase "Closed" signs or "For
4 Sale" signs in their windows -- and rest assured
5 that this legislation will be the culprit of
6 that.
7 Thank you, Madam President.
8 ACTING PRESIDENT MAYER: Are there
9 any other Senators wishing to be heard?
10 Seeing and hearing none, debate is
11 closed. The Secretary will ring the bell.
12 Read the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAYER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAYER: Senator
19 May to explain her vote.
20 SENATOR MAY: Thank you,
21 Madam President.
22 I spent many years on the board of
23 the Onondaga County Resource Recovery Agency, and
24 I saw up very close how hard it is to manage in a
25 responsible manner the vast amount of material
2651
1 that Americans throw away, and how expensive it
2 is to municipal taxpayers.
3 I also heard recently a speech by
4 someone who's on the Climate Action Council
5 talking about how when they began their
6 deliberations, waste was one of the lowest
7 priorities of what they were talking about, and
8 by the time they ran the numbers and heard from
9 all the experts, waste had become one of the
10 number-one issues to deal with if we are really
11 going to try to reach our climate goals.
12 So this bill -- and I want to thank
13 Senator Kavanagh for bringing this forward --
14 this bill is an example of the kind of thing we
15 can do to reduce waste at the source, to get
16 businesses to start doing good business
17 practices, so where they are not including toxic
18 materials in their carpet, where they are making
19 them recyclable, where they are doing things like
20 making carpet tiles. Which if you stain a piece
21 of your carpet or you wear out an area of your
22 carpet, you can replace that little piece and not
23 have to tear up the whole roomful of carpet.
24 There are a lot of good things that
25 this will incentivize that will make it less
2652
1 costly to taxpayers, less of a problem for trying
2 to figure out where we put all this material, and
3 eventually I think more -- just more sustainable
4 in every way.
5 So thank you, Senator Kavanagh.
6 Thank you to the leadership for bringing this
7 forward.
8 I vote aye.
9 ACTING PRESIDENT MAYER: Senator
10 May to be recorded in the affirmative.
11 Senator Kavanagh to explain his
12 vote.
13 SENATOR KAVANAGH: Thank you,
14 Madam President.
15 Thank you, my colleague, for a good
16 discussion and, you know, elucidating some of the
17 issues here.
18 I just did -- I did want to just
19 make a few points about this before we close the
20 vote.
21 And first of all, that this bill is
22 indeed supported by many environmental
23 organizations, partly because of some of the
24 points that Senator May made so eloquently about,
25 you know, changing the way we do business and the
2653
1 way we live our lives in order to be less
2 wasteful.
3 And also something that she
4 mentioned which hadn't been mentioned before,
5 which is the toxins issue. This bill phases out
6 some very toxic materials that are in our
7 carpets, which means they're in our homes, which
8 means they're also in our waste stream. And one
9 of the reasons that the New York Association of
10 Counties states they support this is because they
11 also want to get those toxins out of their waste
12 stream.
13 But unlike -- I have seen very few
14 tax bills in my time where dozens of
15 private-sector enterprises that are engaging in
16 that business area are favoring the tax.
17 Madam President, this is not a tax.
18 This is a fee for a particular -- this is a
19 requirement for a particular kind of activity
20 that will indeed change the way people behave.
21 It will require them to spend more money on some
22 activities, but perhaps save money on other
23 activities.
24 And I just want to note -- again,
25 I'm not going to read them all. But we have
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1 memos in support from several dozen private
2 enterprises. Just for some examples: American
3 Carpet South, which is the premier residential
4 and commercial carpet installing company in the
5 Northeastern United States. And if you're buying
6 your carpet, for example, at Home Depot, there's
7 a very good chance that they're the company
8 that's installing it and handling the waste.
9 Circular Polymers. Allegany
10 Manufacturing. Eastman, which is a giant
11 conglomerate that has been a beneficiary of a lot
12 of the recycled materials that are coming out of
13 carpeting. And again, numerous, numerous others
14 which I will spare you all.
15 But this is a bill that is intended
16 and will achieve the goal of changing the way a
17 particular business that we all use frequently
18 does business, in a way that is positive and in a
19 way that creates jobs throughout our state. The
20 work of separating and -- collecting and
21 separating and sorting will be work that is done
22 by New Yorkers.
23 And so in addition to the many
24 environmental benefits of this bill, we think it
25 is balanced in a way that will help business and
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1 help all New Yorkers, and therefore I vote aye.
2 ACTING PRESIDENT MAYER: Senator
3 Kavanagh to be recorded in the affirmative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar 262, those Senators voting in the
7 negative are Senators Akshar, Borrello, Cooney,
8 Felder, Griffo, Helming, Lanza, Oberacker, Rath,
9 Ritchie, Serino, Stec and Tedisco.
10 Ayes, 49. Nays, 13.
11 ACTING PRESIDENT MAYER: The bill
12 is passed.
13 Senator Gianaris, that completes the
14 reading of the controversial calendar.
15 SENATOR GIANARIS: Is there any
16 further business at the desk?
17 ACTING PRESIDENT MAYER: There is
18 no further business at the desk.
19 SENATOR GIANARIS: Move to adjourn
20 until tomorrow, Tuesday, April 26th, at 3:00 p.m.
21 ACTING PRESIDENT MAYER: On motion,
22 the Senate stands adjourned until Tuesday,
23 April 26th, at 3:00 p.m.
24 (Whereupon, at 4:14 p.m., the Senate
25 adjourned.)