Regular Session - February 8, 2023

                                                                   791

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                  February 8, 2023

11                     11:25 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JEREMY A. COONEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               792

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

 2                 ACTING PRESIDENT COONEY:   The 

 3    Senate will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT COONEY:   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 COONEY:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, Tuesday, 

16    February 7, 2023, the Senate met pursuant to 

17    adjournment.  The Journal of Monday, February 6, 

18    2023, was read and approved.  On motion, the 

19    Senate adjourned.

20                 ACTING PRESIDENT COONEY:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 The Secretary will read.

25                 THE SECRETARY:   Senator Gianaris 


                                                               793

 1    moves to discharge, from the Committee on Rules, 

 2    Assembly Bill Number 981 and substitute it for 

 3    the identical Senate Bill 846, Third Reading 

 4    Calendar 55.

 5                 Senator Sanders moves to discharge, 

 6    from the Committee on Rules, Assembly Bill 

 7    Number 618 and substitute it for the identical 

 8    Senate Bill 854, Third Reading Calendar 63.

 9                 Senator Thomas moves to discharge, 

10    from the Committee on Rules, Assembly Bill 

11    Number 1009 and substitute it for the identical 

12    Senate Bill 1329, Third Reading Calendar 97.

13                 Senator May moves to discharge, from 

14    the Committee on Rules, Assembly Bill Number 983 

15    and substitute it for the identical Senate 

16    Bill 1332, Third Reading Calendar 100.

17                 Senator Brouk moves to discharge, 

18    from the Committee on Rules, Assembly Bill 

19    Number 619 and substitute it for the identical 

20    Senate Bill 1340, Third Reading Calendar 108.

21                 ACTING PRESIDENT COONEY:   So 

22    ordered.

23                 Messages from the Governor.

24                 Reports of standing committees.

25                 Reports of select committees.


                                                               794

 1                 Communications and reports from 

 2    state officers.

 3                 Motions and resolutions.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   Mr. President, 

 6    can we start by taking up previously adopted 

 7    Resolution 308, by Senator Gounardes, read its 

 8    title only, and recognize Senator Gounardes.

 9                 ACTING PRESIDENT COONEY:   The 

10    Secretary will read.

11                 THE SECRETARY:   Senate Resolution 

12    308, by Senator Gounardes, memorializing 

13    Governor Kathy Hochul to proclaim February 8, 

14    2023, as Students with Disabilities Advocacy Day 

15    in the State of New York.

16                 ACTING PRESIDENT COONEY:   Senator 

17    Gounardes on the resolution.  

18                 SENATOR GOUNARDES:   Thank you, 

19    Mr. President.

20                 I rise, as I have for five years now 

21    in this chamber, in support of the resolution to 

22    declare February 8th as Students with 

23    Disabilities Advocacy Day.

24                 We know that even though the 

25    pandemic is a few years behind us, how impactful 


                                                               795

 1    it was to students all across the state.  And we 

 2    also know -- a core value that I think we all 

 3    believe in and share is that every single student 

 4    in our state deserves to be taught to the best of 

 5    their ability, with no shortage of services or 

 6    resources.  

 7                 But unfortunately, the reality is 

 8    for far too many of our students there are 

 9    barriers in the way of achieving that vision and 

10    that goal.  We have to remove these barriers to 

11    key reasonable accommodations and support 

12    services that promote access and success for 

13    students with disabilities, especially in higher 

14    education.

15                 Nearly 80,000 students in our state 

16    have disabilities and attend New York State 

17    degree-granting colleges and universities.  Our 

18    state university system alone serves more than 

19    40 percent of this population.

20                 It is imperative that institutions 

21    of higher education are provided with the 

22    necessary resources to empower students with 

23    disabilities and help them achieve academically 

24    and beyond.  Institutions of higher ed should not 

25    have to rely on the federal government or 


                                                               796

 1    nonprofit partners alone to make a difference and 

 2    invest in necessary resources such as improving 

 3    current support systems, summer college prep 

 4    programs for students with disabilities, 

 5    providing needed staff trainings on working with 

 6    students with disabilities, and improving our 

 7    understanding of how many students with 

 8    disabilities actually are on our campuses and 

 9    what their needs truly are, so that our state can 

10    better serve them.  

11                 I'm proud of the work that this body 

12    has done through our budget process every year to 

13    allocate funding to help support this very 

14    important population of students in our 

15    institutions of higher education, and I hope that 

16    as we declare today to be Students with 

17    Disabilities Advocacy Day that we continue our 

18    advocacy in this year's budget process as well.  

19    And I vote aye.  

20                 Thank you, Mr. President.

21                 ACTING PRESIDENT COONEY:   Thank 

22    you, Senator Gounardes.

23                 Senator Stavisky on the resolution.

24                 SENATOR STAVISKY:   Yes, thank you.  

25                 First, thank you, Senator Gounardes 


                                                               797

 1    and Mr. President.  

 2                 I'd like to welcome our friends from 

 3    the -- not the disability but from the ability 

 4    community.  Every year we get together every 

 5    summer at Queens College, and it's really one of 

 6    the highlights of the summer because there are so 

 7    many friends there.  And I look forward to 

 8    joining you next summer.  

 9                 But in the meantime, welcome to 

10    Albany.  You are great, great representatives and 

11    lobbyists for a really important cause.

12                 Thank you, Mr. President.

13                 ACTING PRESIDENT COONEY:   Thank 

14    you, Senator Stavisky.

15                 Senator Martins on the resolution.

16                 SENATOR MARTINS:   Thank you, 

17    Mr. President.  

18                 First I want to thank the sponsor 

19    for this resolution and the opportunity to speak 

20    to this very important issue.

21                 As many of you may know, we have 

22    4201 schools in this state.  Mr. President, two 

23    of those schools happen to be in my district.  

24    One in particular, the Henry Viscardi School that 

25    services children who are severely physically 


                                                               798

 1    disabled, relies on funding from New York State 

 2    as part of its operations, the ability to have 

 3    aides in the classroom in order to provide 

 4    services and proper care for those who are most 

 5    vulnerable.

 6                 Well, this year's budget that was 

 7    proposed, I bring it to everyone's attention -- 

 8    as we were now faced with what I think is a great 

 9    opportunity to help funding for education 

10    generally, an increase of $3.1 billion in the 

11    budget -- these 4201 schools lost $2 million in 

12    this budget.  That is, those schools that service 

13    the most vulnerable, those who are most severely 

14    impacted and those that are most challenged by 

15    being in the teaching environment -- and those 

16    who we should be supporting unequivocally -- in 

17    this budget lost $2 million at a time when we 

18    increased education spending by $3.1 billion.

19                 So, Mr. President, I would remind 

20    the chamber and our colleagues that as we go 

21    forward through this process, let's remember the 

22    4201 schools.  Let's make sure they have the 

23    resources necessary so that they can complete 

24    their high school education and then, yes, go on 

25    to college.  And let's make sure that as we move 


                                                               799

 1    forward and we lift all boats, we don't forget 

 2    those that are serving the most vulnerable.  

 3                 So I want to thank the sponsor again 

 4    for having this resolution, Mr. President, and I 

 5    vote aye.

 6                 ACTING PRESIDENT COONEY:   Thank 

 7    you, Senator Martins.

 8                 This resolution was previously 

 9    adopted on January 31st.

10                 Senator Gianaris.

11                 SENATOR GIANARIS:   Mr. President, 

12    before we move on to the next resolution, can we 

13    first recognize Senator May for an introduction.

14                 ACTING PRESIDENT COONEY:   Senator 

15    May for an introduction.

16                 SENATOR MAY:   Thank you, 

17    Mr. President.  

18                 I also want to thank the sponsor of 

19    this resolution.  

20                 And I have some guests here with me 

21    today.  I have spoken on the floor in the past 

22    about Syracuse University as a global pioneer in 

23    inclusive education, starting at K -- pre-K 

24    through 12.  But Syracuse University also has an 

25    absolutely extraordinary program called 


                                                               800

 1    Inclusive U, which is -- which brings together 

 2    students of all ages with intellectual and 

 3    developmental disabilities who want to experience 

 4    college life in a fully inclusive setting.

 5                 They come to Syracuse University, 

 6    they live on campus, they take Syracuse 

 7    University classes, they graduate from Syracuse 

 8    University.  And it is an absolutely incredible 

 9    program, with over 100 students currently 

10    attending.  

11                 These students participate in every 

12    aspect of campus life -- taking SU coursework, 

13    attending sporting and social events, completing 

14    internships.  They live in dorms with their 

15    peers.  At the conclusion of their studies, they 

16    receive an SU Certificate of Completion and 

17    participate at the graduation ceremony with their 

18    Syracuse University peers.

19                 Inclusive U continues to be a model 

20    for other schools and colleges across the country 

21    on how to increase college access for all.  And I 

22    am so happy they have made the journey here today 

23    for this experience of seeing the Capitol and 

24    gaining an appreciation for the work we do here.

25                 With our visitors today -- with the 


                                                               801

 1    students today are some incredibly amazing people 

 2    who coordinate, guide, and accompany the 

 3    students.  They include Karly Grifasi, assistant 

 4    director of operations and communications, and 

 5    Sam Roux and Beth Myers from the Taishoff Center 

 6    for Disability and Inclusion.  

 7                 And the students who are here with 

 8    us now are Maia Chamberlain, Shafreyya Wilkins, 

 9    Mackenszie Gleason, Chase Coleman, Jacob Stives, 

10    and Michael McGrath.

11                 So I hope that we can recognize 

12    these students and offer them the courtesies of 

13    the house.  

14                 Thank you.

15                 ACTING PRESIDENT COONEY:   Thank 

16    you, Senator May.  

17                 To our guests, I welcome you on 

18    behalf of the Senate.  We extend to you the 

19    privileges and courtesies of this house.  

20                 Please rise and be recognized.

21                 (Standing ovation.)

22                 ACTING PRESIDENT COONEY:   Senator 

23    Gianaris.

24                 SENATOR GIANARIS:   Now can we move 

25    on to previously adopted Resolution 170, by 


                                                               802

 1    Senator Tedisco, read its title and recognize 

 2    Senator Tedisco.

 3                 ACTING PRESIDENT COONEY:   The 

 4    Secretary will read.

 5                 THE SECRETARY:   Senate Resolution 

 6    170, by Senator Tedisco, congratulating the 

 7    Saratoga Springs High School Girls Varsity 

 8    Cross Country Team and Head Coach Art Kranick 

 9    upon the occasion of capturing the Nike Cross 

10    National Championship on Saturday, December 3, 

11    2022.

12                 ACTING PRESIDENT COONEY:   Senator 

13    Tedisco on the resolution.  

14                 SENATOR TEDISCO:   Thank you so 

15    much, Mr. President and my colleagues.  

16                 I'm proud and honored to present to 

17    you -- I can't quite see them through those bars, 

18    but I can assure you that they're here and 

19    they're for real.  And the people who know that 

20    the most are their opponents, not only this year 

21    but over the years.  

22                 This is a fantastic group of 

23    students and girls from a great high school, 

24    Saratoga Springs High School.  They are indeed 

25    the Girls Varsity National Cross Country 


                                                               803

 1    Champions.  They're not only champions for one 

 2    year, they've been designated champions for the 

 3    last two years nationally.  And actually, because 

 4    of the pandemic, we could call them four-year 

 5    champions.  They were number one each and every 

 6    one of the two years that the pandemic was at the 

 7    height of its existence.  So they could be a 

 8    four-peat right now.

 9                 They are known as the Blue Streaks.  

10    They like to call themselves -- and the coach 

11    does -- the Kinetics.  But I call them the 

12    Perennials, because year in and year out at this 

13    outstanding high school they achieve unbelievable 

14    success and championship outcomes.  It's because 

15    of their hard work, it's because of their 

16    designation and their dedication to a work ethic, 

17    the team approach they've taken together.  

18                 But also I think it's a great deal 

19    of support from the school itself, their parents, 

20    their peers, and an outstanding group of coaches 

21    led by, as has been mentioned, Head Coach Art 

22    Kranick, Assistant Coaches Linda Kranick and 

23    Dan VanCott.

24                 And just let me read to you in 

25    reverse order -- they've ended up at a national 


                                                               804

 1    championship, but you don't get there by going 

 2    and running the table.

 3                 The Saratoga Springs High School 

 4    Girls Varsity Cross Country Team captured the 

 5    second consecutive Nike Cross Country National 

 6    Championship at Glendoveer Golf Course in 

 7    Portland, Oregon, on Saturday, December 3, 2022, 

 8    with an overall team score of 81 points.  

 9                 The Blue Streaks also captured -- 

10    this is before that -- the New York State 

11    Federation Championship in Wappingers Falls on 

12    November 19th, preceded by the New York State 

13    Class A Championship on November 12th, a 

14    sectional championship on November 5th, and the 

15    Suburban Council Title Championship on 

16    October 29th.  One championship after another.

17                 I think they have two senior runners 

18    on the team, and the rest are underclassmen.  So 

19    I think Perennials is a good designation for 

20    them, because they're going to be back, I think, 

21    year after year.  In fact, I think I'm going to 

22    go today, after we finish session, go designate a 

23    date for when we can bring them back to be on the 

24    other side, maybe, so I can see them when I make 

25    this presentation to them, because I'm pretty 


                                                               805

 1    sure they will be coming back and we'll be 

 2    honoring them again.

 3                 I want to let you know who these 

 4    individuals are, along with the coaches.  There's 

 5    Sheridan Wheeler, Emily Bush, Alycia Hart, 

 6    Heidi Berglund, Natalie Wilding, Anya Belisle, 

 7    and McKinley Wheeler.  And as I said, the 

 8    Kranicks and Dan VanCott are the outstanding 

 9    coaches who historically have done a tremendous 

10    job.  

11                 And in fact, they're good athletes 

12    in and of themselves, because a couple of years 

13    ago I ran a few races out in Saratoga Springs, in 

14    the city, and I ran along with them.  Of course I 

15    think I was looking at their back when I ran.  

16                 But they not only are outstanding 

17    athletes themselves in their own rights, but 

18    tremendous teachers in a whole variety of ways.  

19    And I'm sure their students appreciate and their 

20    athletes appreciate the efforts they've put 

21    forth.

22                 So, Mr. President, I would ask that 

23    you would welcome them and thank them and 

24    congratulate them and salute them and offer them 

25    all the cordialities and show them how much we 


                                                               806

 1    appreciate the wonderful academic excellence they 

 2    provide, but also the athletic extracurricular 

 3    efforts they put forth.  

 4                 Congratulations to them and an 

 5    outstanding school.

 6                 ACTING PRESIDENT COONEY:   Thank 

 7    you, Senator Tedisco.

 8                 To our guests, I welcome you on 

 9    behalf of the Senate.  We extend to you the 

10    privileges and courtesies of this house.  

11                 Please rise and be recognized.

12                 (Standing ovation.)

13                 ACTING PRESIDENT COONEY:   Senator 

14    Gianaris.

15                 SENATOR GIANARIS:   At the request 

16    of the sponsors, the two resolutions we took up 

17    today are open for cosponsorship.

18                 ACTING PRESIDENT COONEY:   And 

19    before we proceed, the resolution was previously 

20    adopted on January 10th.  

21                 I apologize.  Senator Gianaris.

22                 SENATOR GIANARIS:   Please take up 

23    the reading of the calendar.

24                 ACTING PRESIDENT COONEY:   The 

25    Secretary will read.


                                                               807

 1                 THE SECRETARY:   Calendar Number 27, 

 2    Senate Print 818, by Senator Myrie, an act to 

 3    amend a chapter of the Laws of 2022.

 4                 ACTING PRESIDENT COONEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT COONEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT COONEY:   Announce 

12    the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 27, those Senators voting in the 

15    negative are Senators Ashby, Borrello, 

16    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

17    Lanza, Martins, Mattera, Oberacker, O'Mara, Ortt, 

18    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

19    Weber and Weik.

20                 Ayes, 40.  Nays, 20.

21                 ACTING PRESIDENT COONEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 32, 

24    Senate Print 823, by Senator Mannion, an act to 

25    amend the Mental Hygiene Law.


                                                               808

 1                 ACTING PRESIDENT COONEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect on the same date and in the 

 5    same manner as a chapter of the Laws of 2022.

 6                 ACTING PRESIDENT COONEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT COONEY:   Senator 

10    Mannion to explain his vote.

11                 SENATOR MANNION:   Thank you, 

12    Mr. President.  

13                 I wasn't going to speak to this, but 

14    it's certainly important legislation on a day 

15    when Inclusive U from SUNY is here and I get to 

16    see the great things that they do, and on a day 

17    when Senator Gounardes continues his strong 

18    advocacy for individuals with disabilities in the 

19    education setting.  And as Senator Martins stood 

20    up and mentioned those 4201 schools, as well as 

21    the 4410 and the 853 schools.  They need parity.  

22    They need to be treated like what we would call 

23    traditional public schools.

24                 And with that, in the overall world 

25    of people with disabilities, this is a way to 


                                                               809

 1    make sure that individuals, advocates and family 

 2    members get the answers in a timely manner so 

 3    they can adjust.  I proudly vote aye.

 4                 Thank you, Mr. President.

 5                 ACTING PRESIDENT COONEY:   Senator 

 6    Mannion to be recorded in the affirmative.

 7                 Announce the results.

 8                 THE SECRETARY:   Ayes, 60.

 9                 ACTING PRESIDENT COONEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 43, 

12    Senate Print 834, by Senator Kavanagh, an act to 

13    amend the Environmental Conservation Law.

14                 ACTING PRESIDENT COONEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 10.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT COONEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT COONEY:   Announce 

22    the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 43, those Senators voting in the 

25    negative are Senators Borrello, Griffo, Lanza, 


                                                               810

 1    Oberacker, Rhoads and Stec.

 2                 Ayes, 54.  Nays, 6.

 3                 ACTING PRESIDENT COONEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 55, 

 6    Assembly Print 981, by Assemblymember Rosenthal, 

 7    an act to amend the General Business Law.

 8                 ACTING PRESIDENT COONEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT COONEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT COONEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 60.

18                 ACTING PRESIDENT COONEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Excuse me.  In 

21    relation to Calendar 55, voting in the negative:  

22    Senator O'Mara.  

23                 Ayes, 59.  Nays, 1.

24                 ACTING PRESIDENT COONEY:   The bill 

25    is passed.


                                                               811

 1                 THE SECRETARY:   Calendar Number 63, 

 2    Assembly Print Number 618, by Assemblymember 

 3    Barrett, an act to amend the Executive Law.

 4                 ACTING PRESIDENT COONEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 4.  This 

 7    act shall take effect on the same date and in the 

 8    same manner as a chapter of the Laws of 2022.

 9                 ACTING PRESIDENT COONEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT COONEY:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 60.

15                 ACTING PRESIDENT COONEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 64, 

18    Senate Print 855, by Senator May, an act to amend 

19    the Public Health Law.

20                 ACTING PRESIDENT COONEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect on the same date and in the 

24    same manner as a chapter of the Laws of 2022.

25                 ACTING PRESIDENT COONEY:   Call the 


                                                               812

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT COONEY:   Announce 

 4    the results.  

 5                 THE SECRETARY:   Ayes, 60.

 6                 ACTING PRESIDENT COONEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 66, 

 9    Senate Print 857, by Senator Mattera, an act to 

10    amend the Environmental Conservation Law.

11                 ACTING PRESIDENT COONEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 3.  This 

14    act shall take effect on the same date and in the 

15    same manner as a chapter of the Laws of 2022.

16                 ACTING PRESIDENT COONEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT COONEY:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 60.

22                 ACTING PRESIDENT COONEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 94, 

25    Senate Print 1326, by Senator Ramos, an act to 


                                                               813

 1    amend the Labor Law.

 2                 ACTING PRESIDENT COONEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect on the same date and in the 

 6    same manner as a chapter of the Laws of 2022.

 7                 ACTING PRESIDENT COONEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT COONEY:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar Number 94, those Senators voting in the 

14    negative are Senators Ashby, Borrello, Gallivan, 

15    Griffo, Helming, Lanza, O'Mara, Ortt, Palumbo, 

16    Rhoads, Stec, Walczyk and Weik.

17                 Ayes, 49.  Nays, 13.

18                 ACTING PRESIDENT COONEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 97, 

21    Assembly Print 1009, by Assemblymember Paulin, an 

22    act to amend the General Business Law.

23                 ACTING PRESIDENT COONEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               814

 1    act shall take effect on the same date and in the 

 2    same manner as a chapter of the Laws of 2022.

 3                 ACTING PRESIDENT COONEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT COONEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar Number 97, voting in the negative:  

10    Senator Gallivan.  

11                 Ayes, 61.  Nays, 1.

12                 ACTING PRESIDENT COONEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    100, Assembly Print 983, by Assemblymember 

16    Magnarelli, an act to amend the Real Property 

17    Actions and Proceedings Law.

18                 SENATOR LANZA:   Lay it aside.

19                 ACTING PRESIDENT COONEY:   Lay it 

20    aside.

21                 THE SECRETARY:   Calendar Number 

22    108, Assembly Print 619, by Assemblymember Reyes, 

23    an act to amend the Environmental Conservation 

24    Law.

25                 ACTING PRESIDENT COONEY:   Read the 


                                                               815

 1    last section.

 2                 THE SECRETARY:   Section 3.  This 

 3    act shall take effect on the same date and in the 

 4    same manner as a chapter of the Laws of 2022.

 5                 ACTING PRESIDENT COONEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT COONEY:   Announce 

 9    the results.

10                 THE SECRETARY:   Ayes, 62.

11                 ACTING PRESIDENT COONEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    114, Senate Print 1346, by Senator Parker, an act 

15    to amend the State Finance Law.

16                 ACTING PRESIDENT COONEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 3.  This 

19    act shall take effect on the same date and in the 

20    same manner as a chapter of the Laws of 2022.

21                 ACTING PRESIDENT COONEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT COONEY:   Senator 

25    Rhoads to explain his vote.


                                                               816

 1                 SENATOR RHOADS:   Thank you, 

 2    Mr. President.

 3                 I noticed today that we are actually 

 4    giving the state a little bit of leeway.  You 

 5    know, while we certainly understand the need 

 6    for -- and the desire to have zero-emission 

 7    vehicles and the state has taken the position 

 8    that it wants to take the lead in that, we've 

 9    recognized that it is unachievable and 

10    unattainable in the time frame that we set forth 

11    in the legislation, which is the purpose of this 

12    bill.

13                 But at the same time as we're giving 

14    the state more time, we are poised as a state to 

15    enact unrealistic, unachievable and, quite 

16    frankly, dangerous limits on the ability for 

17    residents of our state and builders in our state 

18    to be able to use natural gas.  We've set 

19    limits -- by the end of 2025 for small buildings, 

20    larger buildings by 2027, new construction being 

21    completely eliminated by 2030 -- for the use of 

22    fossil fuels.  And by 2035, telling our own 

23    homeowners that use natural gas for cooking, that 

24    use natural gas for heat, that they're not going 

25    to be able to do that, that they will wind up 


                                                               817

 1    having to convert their homes at a tremendous 

 2    expense to them.

 3                 So while at the same time we're 

 4    giving ourselves leeway, let's keep in mind as we 

 5    debate these issues that we need to give our 

 6    residents leeway in being able to address some of 

 7    the onerous burdens that this body continues to 

 8    place on them in the -- in the pursuit of 

 9    environmental conservation.

10                 So I will be voting in the negative 

11    on this bill as a protest to what we plan on 

12    doing to our homeowners and trying to give 

13    ourselves the rights that we're not affording to 

14    them.

15                 ACTING PRESIDENT COONEY:   Senator 

16    Rhoads to be recorded in the negative.

17                 Announce the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 114, those Senators voting in the 

20    negative are Senators Borrello, 

21    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

22    Lanza, Oberacker, O'Mara, Ortt, Rhoads, Stec and 

23    Weber.

24                 Ayes, 50.  Nays, 12.

25                 ACTING PRESIDENT COONEY:   The bill 


                                                               818

 1    is passed.

 2                 Senator Gianaris, that completes the 

 3    reading of today's calendar.

 4                 SENATOR GIANARIS:   Let's now take 

 5    up the controversial calendar, please.

 6                 ACTING PRESIDENT COONEY:   The 

 7    Secretary will ring the bell.

 8                 The Secretary will read.

 9                 THE SECRETARY:   Calendar Number 

10    100, Assembly Print Number 983, by 

11    Assemblymember Magnarelli, an act to amend the 

12    Real Property Actions and Proceedings Law.

13                 ACTING PRESIDENT COONEY:   Senator 

14    Borrello on the bill.  Oh, why do you rise?

15                 SENATOR BORRELLO:   Will the -- 

16    thank you, Mr. President.  Would the sponsor 

17    yield for a question.

18                 ACTING PRESIDENT COONEY:   Does the 

19    sponsor yield?

20                 SENATOR MAY:   I will.

21                 ACTING PRESIDENT COONEY:   The 

22    sponsor yields.  

23                 SENATOR BORRELLO:   Thank you.  

24    Through you, Mr. President.  

25                 This bill is -- this is an amendment 


                                                               819

 1    to a previous bill that deals with, you know, 

 2    tenants' rights.  But that previous bill didn't 

 3    carve out New York City.  So this bill will carve 

 4    out the five boroughs of New York City from that 

 5    original bill which passed last year.  

 6                 So what -- well, why?  Why are we 

 7    all of a sudden now changing it to exclude the 

 8    five boroughs?

 9                 SENATOR MAY:   Through you, 

10    Mr. President.  New York City effectively has 

11    this in place already, and so it made sense to 

12    pull it out of this bill because we really are 

13    trying to change the -- the practice elsewhere in 

14    the state.

15                 SENATOR BORRELLO:   Mr. President, 

16    will the sponsor continue to yield?

17                 ACTING PRESIDENT COONEY:   Will the 

18    sponsor yield?

19                 SENATOR MAY:   I will.

20                 ACTING PRESIDENT COONEY:   The 

21    sponsor yields.  

22                 SENATOR BORRELLO:   So this 

23    separate, you know, process to have New York 

24    City, was it not in place last year when we 

25    passed the bill?


                                                               820

 1                 SENATOR MAY:   Through you, 

 2    Mr. President, it was.

 3                 SENATOR BORRELLO:   Mr. President, 

 4    will the sponsor continue to yield?  

 5                 ACTING PRESIDENT COONEY:   Will the 

 6    sponsor yield?   

 7                 SENATOR MAY:   I will.

 8                 ACTING PRESIDENT COONEY:   The 

 9    sponsor yields.

10                 SENATOR BORRELLO:   So last year 

11    this process already existed.  This year, 

12    nothing's changed.  Why the change of heart on 

13    excluding New York City?  I mean, you're talking 

14    about millions of tenants in New York City 

15    that -- this bill is very different, by the way, 

16    than the protections they get from Housing Court 

17    in New York City.  So why the change of heart?  

18    Who -- why are we doing this now?

19                 SENATOR MAY:   Through you, 

20    Mr. President, it actually is the case that these 

21    are very similar protections to what already 

22    exist in New York City.  And New York City has 

23    the personnel and the resources in place to help 

24    tenants access those remedies that we are now 

25    creating for upstate.  


                                                               821

 1                 And -- and so there is more than 

 2    just -- just the -- this remedy.  There is -- 

 3    there need to be forms and -- and ways of -- for 

 4    tenants to access them, and so we're creating 

 5    that for upstate.

 6                 SENATOR BORRELLO:   Will the sponsor 

 7    continue to yield?

 8                 ACTING PRESIDENT COONEY:   Does the 

 9    sponsor yield? 

10                 SENATOR MAY:   Yes.

11                 ACTING PRESIDENT COONEY:   The 

12    sponsor yields.

13                 SENATOR BORRELLO:   So you're saying 

14    that there were some major changes to the 

15    resources available in New York City for tenants 

16    from last year to this year, and that's why 

17    you're now excluding New York City?  

18                 SENATOR MAY:   Through you, 

19    Mr. President, no, I'm not saying that.

20                 SENATOR BORRELLO:   Mr. President, 

21    will the sponsor continue to yield.

22                 ACTING PRESIDENT COONEY:   Will the 

23    sponsor yield?

24                 SENATOR MAY:   I will.

25                 ACTING PRESIDENT COONEY:   The 


                                                               822

 1    sponsor yields.

 2                 SENATOR BORRELLO:   So again, we're 

 3    talking about excluding a city of 8 and a half 

 4    million people, millions of tenants.  I still 

 5    haven't got an answer:  Why the change of heart 

 6    from last year to this year?  

 7                 SENATOR MAY:   Through you, 

 8    Mr. President, this is not a change of heart.  

 9                 I am glad that my colleague wants 

10    all tenants throughout the state to have the 

11    ability to challenge landlords who are not doing 

12    their job to keep them safe and -- and create 

13    safe housing conditions.

14                 This was in the negotiation with 

15    the -- with the Executive and the Assembly.  We 

16    concluded that it was duplicative to -- to 

17    include that in this bill.  So it's not a change 

18    of heart, it's just recognizing the -- the 

19    conditions on the ground.

20                 SENATOR BORRELLO:   Mr. President, 

21    will the sponsor continue to yield?  

22                 ACTING PRESIDENT COONEY:   Will the 

23    sponsor yield?

24                 SENATOR MAY:   I will.

25                 ACTING PRESIDENT COONEY:   The 


                                                               823

 1    sponsor yields.

 2                 SENATOR BORRELLO:   Through you, 

 3    Mr. President.  

 4                 So I guess what I'm hearing is that 

 5    nothing's changed from last year, but you had 

 6    some discussions with the Governor and the 

 7    Governor decided that we need to now -- the same 

 8    Governor as last time, same, you know -- pretty 

 9    much the same situation, but we're going to 

10    exclude New York City all of a sudden now.  

11                 So with that -- with that in place, 

12    my question is, you know, this is a very -- very 

13    different from what they do in New York City.  

14    Because this bill would allow essentially the 

15    court to -- if I'm reading this correctly, a 

16    broad definition of additional damages that could 

17    be -- could basically be awarded by the -- by the 

18    court.  A special proceeding by the -- by tenants 

19    for judgments directing repairs of condition and 

20    other relief pursuant to the underlying court.  

21                 So in other words, you're going to 

22    sue because you never fixed my hot water tank.  

23    But the judge has the discretion to -- to give 

24    additional compensation beyond just the -- the 

25    remedy for that hot water tank, for example.  Is 


                                                               824

 1    that correct?  The judge has discretion.  

 2    Interesting concept.

 3                 SENATOR MAY:   Through you, 

 4    Mr. President.  So in New York City they -- the 

 5    courts can impose a fine, they can order the -- 

 6    the landlord to fix the problem.  They can hold 

 7    the landlord in contempt.

 8                 This is giving judges similar 

 9    abilities upstate for -- for tenants who are 

10    having the same kinds of truly dangerous or 

11    difficult -- you know, unlivable conditions that 

12    a landlord is not fixing.

13                 SENATOR BORRELLO:   Mr. President, 

14    will the sponsor continue to yield?  

15                 ACTING PRESIDENT COONEY:   Will the 

16    sponsor yield?

17                 SENATOR MAY:   I will.

18                 ACTING PRESIDENT COONEY:   The 

19    sponsor yields.

20                 SENATOR BORRELLO:   So that 

21    additional relief, is there any definition, any 

22    limits, any guardrails within this legislation 

23    for that additional relief that can be afforded 

24    to -- to tenants?

25                 SENATOR MAY:   Through you, 


                                                               825

 1    Mr. President, the underlying bill had very 

 2    specific kinds of relief.  In -- in negotiation, 

 3    we decided that it was sufficient to say that the 

 4    court could determine what was just in this case.

 5                 SENATOR BORRELLO:   Mr. President, 

 6    will the sponsor continue to yield?  

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 SENATOR MAY:   I will.

10                 ACTING PRESIDENT COONEY:   The 

11    sponsor yields.

12                 SENATOR BORRELLO:   Thank you.

13                 So in its discretion, could a court 

14    deem reasonable the attorney's fees?  Could that 

15    be just?  The attorney's fees for the tenant.  

16                 SENATOR MAY:   Through you, 

17    Mr. President.  As I said, what the court deems 

18    just, yes.

19                 SENATOR BORRELLO:   Mr. President, 

20    will the sponsor continue to yield?  

21                 ACTING PRESIDENT COONEY:   Does the 

22    sponsor yield?

23                 SENATOR MAY:   Yes.

24                 ACTING PRESIDENT COONEY:   The 

25    sponsor yields.


                                                               826

 1                 SENATOR BORRELLO:   So in that hot 

 2    water tank example I gave, could then the court 

 3    determine that, say, $50,000 of additional 

 4    compensation would be considered just?

 5                 SENATOR MAY:   Through you, 

 6    Mr. President.  So with this chapter amendment 

 7    there is no provision for monetary damages.  The 

 8    court will order the landlord to fix the problem.  

 9    If the landlord doesn't do that, then the -- then 

10    the court can actually order additional remedies.

11                 SENATOR BORRELLO:   Mr. President, 

12    will the sponsor continue to yield?  

13                 ACTING PRESIDENT COONEY:   Will the 

14    sponsor yield?

15                 SENATOR MAY:   Yes.

16                 ACTING PRESIDENT COONEY:   The 

17    sponsor yields.

18                 SENATOR BORRELLO:   Is there a 

19    specific part of the bill which excludes monetary 

20    damages that you could point to?

21                 SENATOR MAY:   Through you, 

22    Mr. President.  So the version I have has what 

23    was crossed out in the -- by the chapter 

24    amendment.  

25                 Previously it said "a monetary 


                                                               827

 1    judgment in favor of the petitioner for the 

 2    diminished value of the real property."  That was 

 3    there; that has been excised now from the chapter 

 4    amendment.

 5                 SENATOR BORRELLO:   Mr. President, 

 6    will the sponsor continue to yield?  

 7                 ACTING PRESIDENT COONEY:   Will the 

 8    sponsor yield?

 9                 SENATOR MAY:   I will.

10                 ACTING PRESIDENT COONEY:   The 

11    sponsor yields.  

12                 SENATOR BORRELLO:   Well, right 

13    below that, though, it does retain that language, 

14    it says, if I'm getting this correct.  

15                 So it -- you crossed it out up here, 

16    but you redefined it -- or it was already defined 

17    in the -- in the lines just below that, that you 

18    could actually still get monetary damages.  At 

19    least that's the interpretation of our counsel.

20                 SENATOR MAY:   Through you, 

21    Mr. President.  So we have explicitly struck the 

22    provision for monetary judgment and replaced it 

23    with "Any other relief that the court may deem 

24    just."

25                 SENATOR BORRELLO:   Mr. President, 


                                                               828

 1    will the sponsor continue to yield?  

 2                 ACTING PRESIDENT COONEY:   Will the 

 3    sponsor yield?

 4                 SENATOR MAY:   I will.

 5                 ACTING PRESIDENT COONEY:   The 

 6    sponsor yields.

 7                 SENATOR BORRELLO:   So you're 

 8    saying -- you know, just for clarification -- 

 9    that monetary damages are excluded.

10                 SENATOR MAY:   We are -- through 

11    you, Mr. President, saying that it is not 

12    explicit in the bill, but the court could deem 

13    something just if a landlord was refusing to make 

14    the repairs.

15                 SENATOR BORRELLO:   Mr. President, 

16    will the sponsor continue to yield?  

17                 ACTING PRESIDENT COONEY:   Will the 

18    sponsor yield? 

19                 SENATOR MAY:   I will.

20                 ACTING PRESIDENT COONEY:   The 

21    sponsor yields.  

22                 SENATOR BORRELLO:   So you're saying 

23    that they then could find monetary damages to be 

24    just, then, if they -- if they found it to be 

25    egregious, for example.


                                                               829

 1                 SENATOR MAY:   Through you, 

 2    Mr. President, they certainly could fine -- or 

 3    could hold the -- hold the -- the landlord in 

 4    contempt, and there could be fines associated 

 5    with that.

 6                 SENATOR BORRELLO:   Mr. President, 

 7    on the bill.

 8                 ACTING PRESIDENT COONEY:   Senator 

 9    Borrello on the bill.

10                 SENATOR BORRELLO:   Senator May, 

11    thank you very much for your time today.

12                 You know, this is an interesting 

13    situation.  We are carving out New York City, 

14    millions of people, no changes to the conditions 

15    from last year.  Same Governor, same conditions.

16                 This just seems blatantly political.  

17    I mean, let's face it.  We had three years of 

18    just bringing private property owners to their 

19    knees in New York State.  Day after day, 

20    extension after extension.  We told them, We've 

21    got relief coming for you, we've got millions of 

22    dollars.  

23                 I stood on this floor and I asked 

24    the question, Will there be enough to fill all 

25    the unpaid rent in New York State?  And the 


                                                               830

 1    answer was yes, we had some university study and 

 2    we're going to have enough money.  

 3                 Three weeks later, boom.  No.  The 

 4    Governor had to go on her bended knee to the 

 5    President of the United States and get money, 

 6    more money.  Which she didn't actually get.

 7                 So now, now we want to maybe give a 

 8    little relief to these property owners by 

 9    excluding the ones in New York City from having 

10    to be bound by this.  Nothing else changed except 

11    for the politics.  We want to make sure certain 

12    people can continue to write certain checks to 

13    certain candidates.  That's what this bill is 

14    about.

15                 Sadly, I don't know how many private 

16    property owners are going to continue to be in 

17    this business.  I had so many people in my 

18    district contact me; they drained their savings 

19    so they could keep paying the bills that kept 

20    coming.  The tenants that didn't pay their 

21    bills -- even though they didn't lose their jobs, 

22    even though they had thousands and thousands of 

23    dollars dumped on them by the federal government, 

24    didn't pay their -- didn't pay their rent, and 

25    nobody challenged them on it.  Nobody.  


                                                               831

 1                 So now we're going to tell property 

 2    owners in New York City, Hey, we're on your side, 

 3    we're on your team.  No, you're not.  We're going 

 4    to make this state into a Third World nation 

 5    where the privileged few have their own private 

 6    property and the rest of us will be subject to 

 7    some kind of governmental-controlled living 

 8    conditions.  

 9                 That's not the state that I want to 

10    live in, and I'm voting no.  Thank you.

11                 ACTING PRESIDENT COONEY:   Are there 

12    any other Senators wishing to be heard?

13                 Seeing and hearing none, debate is 

14    closed.

15                 Senator Gianaris.

16                 SENATOR GIANARIS:   Mr. President, 

17    we've agreed with the Minority to restore this to 

18    the noncontroversial calendar.  Can we please 

19    take it up that way.

20                 ACTING PRESIDENT COONEY:   The bill 

21    will be restored to the noncontroversial 

22    calendar.  

23                 Read the last section.  

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               832

 1                 ACTING PRESIDENT COONEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT COONEY:   Senator 

 5    May to explain her vote.

 6                 SENATOR MAY:   Thank you, 

 7    Mr. President.

 8                 Last year I was very proud to pass 

 9    the Tenant Dignity and Safe Housing Act through 

10    this body, and I am proud now to have it finally 

11    in its final amended form to be signed into law.

12                 Landlords in this state have a legal 

13    obligation to provide safe housing.  They can't 

14    leave deadly mold or, you know, holes in the roof 

15    or the various things that I see when I go door 

16    to door in my district, some of the conditions 

17    that tenants in my district are living with.

18                 One thing this bill critically does 

19    is makes it easier for tenants to seek remedies 

20    for that, for those problems.  It creates a 

21    simple process in plain language for them to 

22    access a court judgment on -- to make their home 

23    safe.  This is, as I said, a legal obligation of 

24    the landlords to provide this, but it has been 

25    very hard for tenants who don't have their own 


                                                               833

 1    lawyers, who don't have a lot of resources, to 

 2    actually get the remedies that they need.

 3                 So I remain very proud of this bill.  

 4    I am grateful to my colleagues for supporting it 

 5    and to the Governor for supporting it as well, 

 6    and will look forward to this being the law of 

 7    the state.

 8                 Thank you.

 9                 ACTING PRESIDENT COONEY:   Senator 

10    May to be recorded in the affirmative.

11                 Announce the results.

12                 THE SECRETARY:   In relation to 

13    Calendar 100, those Senators voting in the 

14    negative are Senators Ashby, Borrello, 

15    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

16    Lanza, Mattera, Oberacker, O'Mara, Ortt, Palumbo, 

17    Rhoads, Stec, Tedisco, Walczyk, Weber and Weik.

18                 Ayes, 44.  Nays, 18.

19                 ACTING PRESIDENT COONEY:   The bill 

20    is passed.

21                 Senator Gianaris, that completes the 

22    reading of today's calendar.

23                 SENATOR GIANARIS:   Thank you, 

24    Mr. President.  

25                 Let me remind my Majority colleagues 


                                                               834

 1    that there will be a conference immediately 

 2    following the adjournment of session.  

 3                 And with that, is there any further 

 4    business at the desk?

 5                 ACTING PRESIDENT COONEY:   There 

 6    will be a Majority Conference session at the 

 7    completion.

 8                 There is no further business at the 

 9    desk.

10                 SENATOR GIANARIS:   I move to 

11    adjourn until Monday, February 13th, at 

12    3:00 p.m., intervening days being legislative 

13    days.

14                 ACTING PRESIDENT COONEY:   On 

15    motion, the Senate stands adjourned until Monday, 

16    February 13th, at 3:00 p.m., with intervening 

17    days being legislative days.

18                 (Whereupon, at 12:06 p.m., the 

19    Senate adjourned.)

20

21

22

23

24

25