Regular Session - March 27, 2023

                                                                   1830

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 27, 2023

11                      3:21 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ROXANNE J. PERSAUD, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               1831

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

 2                 ACTING PRESIDENT PERSAUD:   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 PERSAUD:   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 PERSAUD:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, Friday, 

16    March 24, 2023, the Senate met pursuant to 

17    adjournment.  The Journal of Thursday, March 23, 

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

19    Senate adjourned.

20                 ACTING PRESIDENT PERSAUD:   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.


                                                               1832

 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                 On behalf of Senator Harckham, on 

 9    page 11 I offer the following amendments to 

10    Calendar 313, Senate Print 2994, and ask that 

11    said bill retain its place on the Third Reading 

12    Calendar.

13                 ACTING PRESIDENT PERSAUD:   The 

14    amendments are received, and the bill will retain 

15    its place on the Third Reading Calendar.

16                 Senator Gianaris.

17                 SENATOR GIANARIS:   Can we now take 

18    up the reading of the calendar.

19                 ACTING PRESIDENT PERSAUD:   The 

20    Secretary will read.

21                 THE SECRETARY:   Calendar Number 

22    149, Senate Print 536, by Senator Thomas, an act 

23    to amend the General Business Law.

24                 ACTING PRESIDENT PERSAUD:   Read the 

25    last section.


                                                               1833

 1                 THE SECRETARY:   Section 3.  This 

 2    act shall take effect on the first of January.  

 3                 ACTING PRESIDENT PERSAUD:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT PERSAUD:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 149, those Senators voting in the 

10    negative are Senators Borrello, Helming, O'Mara 

11    and Ortt.

12                 Ayes, 53.  Nays, 4.

13                 ACTING PRESIDENT PERSAUD:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    189, Senate Print 1359, by Senator Kennedy, an 

17    act to amend the Executive Law.

18                 ACTING PRESIDENT PERSAUD:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect July 1, 2024.

22                 ACTING PRESIDENT PERSAUD:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               1834

 1    Kennedy to explain his vote.

 2                 SENATOR KENNEDY:   Thank you, 

 3    Madam President.  

 4                 I rise today to speak on this bill 

 5    that I'm proud to sponsor, which will create the 

 6    Office of Racial Equity and Social Justice here 

 7    in New York State.

 8                 Its intent is to put the State of 

 9    New York at the forefront of addressing systemic 

10    racism, inequality and disparities nationwide, 

11    and improve opportunities and outcomes for all 

12    people in our great state.  

13                 And for those of you that don't 

14    think we need an entire state office dedicated to 

15    this issue, I say talk to those families who lost 

16    loved ones when a white supremacist opened fire 

17    on a Buffalo supermarket last May 14th.  

18                 Take a look at the communities of 

19    color who continue to face health disparities, 

20    not just in the City of Buffalo and Western 

21    New York but across our entire state.

22                 Listen to the New Yorkers who live 

23    in food deserts because no grocer will invest in 

24    their neighborhood and create accessibility to 

25    healthy, fresh food options.


                                                               1835

 1                 I could go on and on, but instead I 

 2    ask my colleagues to do what we have yet to do to 

 3    address these issues like taking action by 

 4    creating a new, tangible opportunity for change.  

 5    An Office of Racial Equity and Social Justice 

 6    here in New York State will serve as the official 

 7    planning and coordinating office for changes in 

 8    policy, practice and allocation of state 

 9    resources so that race and social constructs do 

10    not predict an individual's success.

11                 Madam President, this concept is 

12    nothing new.  Local jurisdictions across the 

13    country such as Kings County, Washington, and 

14    Montgomery County, Maryland, have already 

15    established offices focusing on equity and social 

16    justice.  

17                 But we have an opportunity right 

18    here today to make New York State a leader in our 

19    nation and become the first state in our nation 

20    to put forth such an office.  This office will 

21    help us as policymakers fight against 

22    institutionalized racism and biases and help us 

23    create a more equitable state for everyone in 

24    New York.  

25                 I'm proud to carry this legislation 


                                                               1836

 1    alongside our great Assembly Majority Leader and 

 2    my dear friend Crystal Peoples-Stokes.  

 3                 I want to give special thanks to 

 4    Hazel Dukes, Dr. Hazel Dukes, the president of 

 5    the New York State Chapter of the NAACP for her 

 6    support of this legislation and tireless advocacy 

 7    for equity and social justice.  

 8                 I also want to acknowledge our local 

 9    Western New York NAACP leadership:  Buffalo NAACP 

10    chapter president, my great friend, Pastor Mark 

11    Blue, for his consistent and steadfast 

12    leadership.  

13                 And if I could take a moment of 

14    personal privilege to recognize a dear friend, a 

15    leader, and a warrior for justice and racial 

16    equity and social justice who we lost yesterday:  

17    Niagara Falls NAACP President Shirley Hamilton, 

18    who was a strong supporter of this legislation in 

19    its entirety and a vocal advocate, not just in 

20    her role in Western New York but all across 

21    New York State.  Shirley was a champion for the 

22    community who dedicated her life to making the 

23    world a fairer and better place.  

24                 She'll be dearly missed.  And we 

25    pass this legislation today on the floor of the 


                                                               1837

 1    New York State Senate in honor of her memory and 

 2    her legacy.

 3                 Finally, I want to thank Majority 

 4    Leader Andrea Stewart-Cousins for bringing this 

 5    bill to the floor and her commitment to providing 

 6    opportunities for all people in our state, 

 7    regardless of where they come from or what they 

 8    look like.

 9                 Creating an Office of Racial Equity 

10    and Social Justice demonstrates our commitment to 

11    our values and reaffirms who we are as 

12    New Yorkers.

13                 Madam President, with that, I 

14    wholeheartedly vote aye.  Thank you.

15                 ACTING PRESIDENT PERSAUD:   Thank 

16    you, Senator.

17                 Senator Kennedy to be recorded in 

18    the affirmative.

19                 Senator Webb to explain her vote.

20                 SENATOR WEBB:   Thank you, 

21    Madam President.  

22                 I rise today to explain my vote on 

23    this important piece of legislation.  I have a 

24    little bit of experience on these kinds of 

25    issues, you know, with my background.  But the 


                                                               1838

 1    reason why I wanted to speak on this is because 

 2    it's really important to have resources such as 

 3    this that allows us as a state to really 

 4    ascertain are we really reaching all New Yorkers, 

 5    especially those who are historically 

 6    marginalized.  

 7                 And so this legislation builds upon 

 8    actions we have taken right here in New York to 

 9    address systemic racism, inequality and 

10    disparities by creating a mechanism within state 

11    government to measure our actions so that we can 

12    improve opportunities and outcomes for all 

13    people.

14                 Now, equity by definition gives 

15    everyone what they need in order to be successful 

16    because it takes into account the historical and 

17    present-day impacts of disparities on 

18    marginalized communities within our institutions.  

19    And so the data that will come from this resource 

20    will help us to know that we are reaching all of 

21    our constituents.  

22                 As one of the most diverse states in 

23    the country, it is crucial that we continue to 

24    invest in resources that allow us to fully 

25    ascertain how our policies and practices are 


                                                               1839

 1    supporting a better quality of life for all New 

 2    Yorkers.  It is paramount to have the central 

 3    entity that this legislation proposes within our 

 4    state government to further this critical goal.

 5                 I am pleased to support this 

 6    legislation that will ensure that our state 

 7    government fosters a diverse and inclusive 

 8    culture by making sure our agencies are reaching 

 9    everyone, especially those who are historically 

10    marginalized.  

11                 I'd like to thank our Majority 

12    Leader for her support on this, and also our 

13    colleague Senator Kennedy for bringing this bill 

14    to the floor.  It will have very positive impacts 

15    for years to come.  

16                 And I proudly vote aye, and I 

17    encourage my colleagues to do the same.

18                 Thank you.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Webb to be recorded in the affirmative.

21                 Senator Sanders to explain his vote.

22                 SENATOR SANDERS:   Thank you, Madam 

23    President.  

24                 Madam President, I understand this.  

25    I understand that if you aim at nothing, you 


                                                               1840

 1    usually hit it.  

 2                 Since inequality was created in this 

 3    state as well as others by design, only by 

 4    intention, only by design can we get rid of these 

 5    inequalities.  

 6                 I want to commend my friend and our 

 7    friend Senator Kennedy for coming up with this, 

 8    and it's really -- I'm glad to sit behind a man 

 9    who thinks like that.

10                 So I want to thank you, 

11    Madam President, and say again if you aim at 

12    nothing, you usually hit it.  Let's aim to get 

13    rid of inequality.

14                 Thank you.  I vote aye.

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Sanders to be recorded in the affirmative.

17                 Announce the results.

18                 THE SECRETARY:   In relation to 

19    Calendar Number 189, those Senators voting in the 

20    negative are Senators Ashby, Borrello, 

21    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

22    Lanza, Martins, Mattera, Murray, Oberacker, 

23    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

24    Tedisco, Walczyk, Weber and Weik.

25                 Ayes, 39.  Nays, 21.


                                                               1841

 1                 ACTING PRESIDENT PERSAUD:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    205, Senate Print 1948, by Senator Hoylman-Sigal, 

 5    an act to amend the Environmental Conservation 

 6    Law.

 7                 ACTING PRESIDENT PERSAUD:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 4.  This 

10    act shall take effect on the 30th day after it 

11    shall have become a law.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar Number 205, voting in the negative:  

19    Senator Oberacker.  

20                 Ayes, 59.  Nays, 1.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    214, Senate Print 14, by Senator Gounardes, an 

25    act to amend the General Obligations Law.


                                                               1842

 1                 ACTING PRESIDENT PERSAUD:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect on the 60th day after it 

 5    shall have become a law.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 214, those Senators voting in the 

13    negative are Senators Ashby, Borrello, 

14    Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, 

15    Lanza, Martins, Mattera, Murray, Oberacker, 

16    O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, 

17    Tedisco, Walczyk, Weber and Weik.

18                 Ayes, 39.  Nays, 21.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    228, Senate Print 2263, by Senator Sanders, an 

23    act to amend the Real Property Actions and 

24    Proceedings Law.  

25                 ACTING PRESIDENT PERSAUD:   Read the 


                                                               1843

 1    last section.

 2                 SENATOR LANZA:   Lay it aside.

 3                 ACTING PRESIDENT PERSAUD:   Lay it 

 4    aside.  

 5                 THE SECRETARY:   Calendar Number 

 6    297, Senate Print 2297, by Senator Mayer, an act 

 7    to amend the General Municipal Law.

 8                 SENATOR LANZA:   Lay it aside.

 9                 ACTING PRESIDENT PERSAUD:   Lay it 

10    aside.  

11                 THE SECRETARY:   Calendar Number 

12    398, Senate Print 2119, by Senator Bailey, an act 

13    to amend the Education Law.

14                 ACTING PRESIDENT PERSAUD:   Read the 

15    last section.

16                 THE SECRETARY:   Section 4.  This 

17    act shall take effect on the 30th day after it 

18    shall have become a law.

19                 ACTING PRESIDENT PERSAUD:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT PERSAUD:   Senator 

23    Scarcella-Spanton to explain her vote.

24                 SENATOR SCARCELLA-SPANTON:   Thank 

25    you, Madam President.


                                                               1844

 1                 And thank you to Senator Bailey for 

 2    introducing this bill that will change the lives 

 3    of veteran families statewide.

 4                 By allowing the Veterans Tuition 

 5    Awards Program to transfer unused benefits to a 

 6    spouse, survivor or child, this program helps 

 7    veterans make the most of their benefits even if 

 8    they choose to not seek higher education out 

 9    themselves.  

10                 I know firsthand the sacrifices that 

11    our veteran families make every day to support 

12    their loved ones in the armed forces.  This bill 

13    recognizes these sacrifices, and I am proud to 

14    vote aye on this legislation.  And again, I thank 

15    Senator Bailey for his work on this.

16                 Thank you.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Scarcella-Spanton to be recorded in the 

19    affirmative.

20                 Senator Bailey to explain his vote.

21                 SENATOR BAILEY:   Thank you, 

22    Madam President.  

23                 I want to thank our Veterans Chair 

24    Senator Scarcella-Spanton for advancing this 

25    important legislation.  


                                                               1845

 1                 There is a saying, use it or lose 

 2    it.  And if our reality is that our veterans have 

 3    served us for quite some time, then they should 

 4    not be held to that standard of use it or lose 

 5    it.  Right?  If they choose not to advance their 

 6    education, they should be able to transfer it to 

 7    someone in their family.  

 8                 We have similar concepts with Navy 

 9    Federal or other type of credit companies that we 

10    can get a -- you can -- they can have a bank 

11    account in the name of a spouse or a child.

12                 Why shouldn't we be able to make 

13    sure that the children and spouses of these 

14    veterans who have worked so hard and put their 

15    lives on the line for us, to be able to -- for us 

16    to live, to make sure that their families are 

17    better off in the furtherance of education.

18                 So again I'm grateful to our chair 

19    for putting this through, grateful to our 

20    Majority Leader for putting this on the floor, 

21    and I'm grateful to my colleagues who see the 

22    importance of this last year as well as this 

23    year.  

24                 I vote aye.

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               1846

 1    Bailey to be recorded in the affirmative.

 2                 Announce the results.

 3                 THE SECRETARY:   Ayes, 62.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    423, Senate Print 314, by Senator Salazar, an act 

 8    directing the New York State Energy Research and 

 9    Development Authority to establish a Ride Clean 

10    rebate program.

11                 SENATOR LANZA:   Lay it aside.

12                 ACTING PRESIDENT PERSAUD:   Lay it 

13    aside.

14                 THE SECRETARY:   Calendar Number 

15    428, Senate Print 4854, by Senator Parker, an act 

16    to require the New York State Energy Research and 

17    Development Authority to develop recommendations 

18    regarding the establishment of microgrids.

19                 ACTING PRESIDENT PERSAUD:   Read the 

20    last section.

21                 THE SECRETARY:   Section 3.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT PERSAUD:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               1847

 1                 ACTING PRESIDENT PERSAUD:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 62.

 4                 ACTING PRESIDENT PERSAUD:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    430, Senate Print 208, by Senator Cleare, an act 

 8    to amend the State Technology Law.

 9                 ACTING PRESIDENT PERSAUD:   Read the 

10    last section.

11                 THE SECRETARY:   Section 3.  This 

12    act shall take effect immediately.

13                 ACTING PRESIDENT PERSAUD:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT PERSAUD:   Senator 

17    Webb to explain her vote.

18                 SENATOR WEBB:   Thank you, 

19    Madam President.  

20                 I rise again today to explain my 

21    vote on this legislation, which will amend the 

22    State Technology Law in relation to requiring 

23    state websites to use gender-neutral terminology.

24                 We are making tremendous strides to 

25    ensure that we are intentional with our policies, 


                                                               1848

 1    and this particular legislation is yet another 

 2    example.  We are making great progress in 

 3    New York towards an acceptance of gender identity 

 4    and sexual orientation.  But it is still the case 

 5    for many New Yorkers that our state websites use 

 6    old terminology that has the unfortunate effect 

 7    of disempowering and excluding people using these 

 8    sites to access information or resources.

 9                 This legislation will provide a 

10    much-needed update to our state website by 

11    calling for the removal of all gender-based 

12    biased terminology and requiring each reference 

13    to be replaced with gender-neutral terminology.

14                 I am proud to support legislation 

15    that acknowledges the full spectrum of gender 

16    identity and same-sex relationships here in 

17    New York.  I thank Senator Cleare for bringing 

18    this bill to the floor.  

19                 And I proudly vote aye and encourage 

20    my colleagues to do the same.

21                 ACTING PRESIDENT PERSAUD:   Senator 

22    Webb to be recorded in the affirmative.

23                 Announce the results.

24                 THE SECRETARY:   In relation to 

25    Calendar Number 430, voting in the negative are 


                                                               1849

 1    Senators Ortt and Walczyk.

 2                 Ayes, 60.  Nays, 2.

 3                 ACTING PRESIDENT PERSAUD:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    482, Senate Print 2442, by Senator Hoylman-Sigal, 

 7    an act to amend the Executive Law.

 8                 ACTING PRESIDENT PERSAUD:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT PERSAUD:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT PERSAUD:   Senator 

16    Hoylman-Sigal to explain his vote.

17                 SENATOR HOYLMAN-SIGAL:   Thank you, 

18    Madam President.  

19                 This bill would amend the definition 

20    of sexual orientation to remove outdated language 

21    in our statute.  You know, our statutes literally 

22    speak volumes about New Yorkers, and in this case 

23    sexual orientation was described currently in a 

24    clause as "Nothing contained herein shall be 

25    construed to protect conduct otherwise proscribed 


                                                               1850

 1    by law."

 2                 The bottom line is there is no law, 

 3    thankfully, in our country and in our state that 

 4    makes sexual orientation illegal.

 5                 So I think this is a very important 

 6    statement by this body, and I only hope that we 

 7    continue to expand our definitions and our 

 8    protections, particularly as we fight back the 

 9    attacks on transgender kids and their families 

10    that is sweeping across this country.

11                 I vote aye, Madam President.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Hoylman-Sigal to be recorded in the affirmative.

14                 Announce the results.

15                 THE SECRETARY:   Ayes, 62.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    515, Senate Print 3473, by Senator Stavisky, an 

20    act to amend the Education Law.

21                 ACTING PRESIDENT PERSAUD:   Read the 

22    last section.

23                 THE SECRETARY:   Section 3.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT PERSAUD:   Call the 


                                                               1851

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT PERSAUD:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 62.

 6                 ACTING PRESIDENT PERSAUD:   The bill 

 7    is passed.

 8                 Senator Gianaris, that completes the 

 9    reading of today's calendar.

10                 SENATOR GIANARIS:   Thank you.  Can 

11    we now move to the reading of the controversial 

12    calendar.  We're going to begin with 

13    Calendar 297, by Senator Mayer.

14                 ACTING PRESIDENT PERSAUD:   The 

15    Secretary will ring the bell.

16                 The Secretary will read.

17                 THE SECRETARY:   Calendar Number 

18    297, Senate Print 2297, by Senator Mayer, an act 

19    to amend the General Municipal Law.

20                 ACTING PRESIDENT PERSAUD:   Senator 

21    Murray, why do you rise?

22                 SENATOR MURRAY:   Thank you, 

23    Madam President.  Through you, would the sponsor 

24    yield for a few questions.

25                 SENATOR MAYER:  Absolutely.


                                                               1852

 1                 ACTING PRESIDENT PERSAUD:   Does the 

 2    sponsor yield?  The sponsor yields.

 3                 SENATOR MURRAY:   Thank you.  

 4                 Good afternoon.  Through you, 

 5    Madam President, in the language of the bill you 

 6    use the term "examination of IDA projects."  By 

 7    "examination," what do you mean?  Do you mean 

 8    audits? 

 9                 SENATOR MAYER:   Through you, 

10    Madam President, I believe the language is quite 

11    clear.  It authorizes a county comptroller, in 

12    the case where there is one, they may conduct an 

13    audit.  An audit is the designated word.

14                 SENATOR MURRAY:   Thank you, 

15    Madam President.  Through you, would the sponsor 

16    continue to yield.

17                 ACTING PRESIDENT PERSAUD:   Does the 

18    sponsor yield? 

19                 SENATOR MAYER:   Yes.

20                 ACTING PRESIDENT PERSAUD:   The 

21    sponsor yields.

22                 SENATOR MURRAY:   Thank you.  

23                 Now, are you aware that both the 

24    IDAs and the LDCs, the not-for-profit 

25    corporations, are already required to have annual 


                                                               1853

 1    financial audits?  And the results of those 

 2    audits are entered into PARIS, the Public 

 3    Authorities Reporting Information system.  And on 

 4    top of that, those results are posted on their 

 5    websites, all of that already takes place?  Are 

 6    you aware of that?  

 7                 SENATOR MAYER:   Through you, 

 8    Madam President, I believe my colleague is 

 9    referring to the -- basically a filing 

10    requirement for each IDA and LDC with the 

11    Authorities Budget Office.

12                 SENATOR MURRAY:   Thank you, 

13    Madam President.  Through you, would the sponsor 

14    continue to yield.

15                 ACTING PRESIDENT PERSAUD:   Does the 

16    sponsor yield?

17                 SENATOR MAYER:   Yes.

18                 ACTING PRESIDENT PERSAUD:   The 

19    sponsor yields.  

20                 SENATOR MURRAY:   Thank you.  

21                 So on top of that, are you aware 

22    that both the New York State Comptroller and the 

23    Authority Budget Office can and do already audit 

24    both the IDAs and the LDCs?  

25                 SENATOR MAYER:   Through you, 


                                                               1854

 1    Madam President, yes, I am aware that the 

 2    Comptroller has the authority and on occasion 

 3    does audit IDAs and LDCs.  To his credit, he does 

 4    a terrific job in doing so.  But he has done six 

 5    audits in 2022, five in 2021, and two in 2020.  

 6                 SENATOR MURRAY:   Thank you.  On the 

 7    bill, Madam President.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Murray on the bill.

10                 SENATOR MURRAY:   I thank you for 

11    that, Senator.  

12                 And let me first say I do support 

13    more clarity, sunshine and opening up the books.  

14    But I just worry about the duplication of 

15    services here.  When we have the reporting 

16    already, as I mentioned, through the financial 

17    audits, the results -- I spent the morning on the 

18    Brookhaven IDA website looking at all of the 

19    results.  It's right there, very clear.  

20                 I'm going to reluctantly vote yes on 

21    the bill, with the hope that maybe we could 

22    consider amending it to tighten the language to 

23    say that since we already have some of these in 

24    place already -- the audits are already being 

25    done, the financials are already being done, that 


                                                               1855

 1    perhaps we still allow the county comptroller to 

 2    come in if the previous audits already identify 

 3    certain problems that need a deeper dive.  But 

 4    with that said, I will be voting aye.  

 5                 So thank you.

 6                 ACTING PRESIDENT PERSAUD:   Thank 

 7    you, Senator.

 8                 Are there any other Senators wishing 

 9    to be heard?  

10                 Seeing none, debate is closed.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Madam President, 

13    we've agreed with our colleagues to restore this 

14    to the noncontroversial calendar.  Can we please 

15    take it up that way.

16                 ACTING PRESIDENT PERSAUD:   The bill 

17    will be restored to the noncontroversial 

18    calendar.

19                 The Secretary will read the next 

20    bill on the controversial calendar, 228.

21                 THE SECRETARY:   Calendar Number 

22    228, Senate Print 2263, by Senator Sanders, an 

23    act to amend the Real Property Actions and 

24    Proceedings Law.

25                 ACTING PRESIDENT PERSAUD:   Senator 


                                                               1856

 1    Oberacker, why do you rise?

 2                 SENATOR OBERACKER:   Thank you, 

 3    Madam President.  I was wondering if the bill 

 4    sponsor would yield for a few questions.

 5                 ACTING PRESIDENT PERSAUD:   Senator 

 6    Sanders, do you yield?  

 7                 SENATOR SANDERS:   Absolutely, to my 

 8    friend.

 9                 ACTING PRESIDENT PERSAUD:   The 

10    Senator yields.

11                 SENATOR OBERACKER:   Through you, 

12    Madam President.  Senator Sanders, good 

13    afternoon.  Always a pleasure to see you looking 

14    so alive and vibrant.  

15                 (Laughter.)

16                 SENATOR OBERACKER:   Through you, 

17    Madam President.  My question is, how would a 

18    landlord determine that a tenant has a 

19    prescription for medical marijuana?

20                 SENATOR SANDERS:   Through you, 

21    Madam President.  Since this is a defense, the 

22    tenant would have to bring it up if the tenant 

23    does.

24                 SENATOR OBERACKER:   Through you, 

25    Madam President, would the sponsor continue to 


                                                               1857

 1    yield.

 2                 ACTING PRESIDENT PERSAUD:   Does the 

 3    sponsor yield?

 4                 SENATOR SANDERS:   The sponsor 

 5    reluctantly yields.  But for him, it's for a good 

 6    purpose.

 7                 (Laughter.)

 8                 ACTING PRESIDENT PERSAUD:   The 

 9    sponsor yields.  

10                 SENATOR OBERACKER:   Thank you, 

11    Senator.

12                 Through you, Madam President.  Is a 

13    landlord able to ask a tenant prior to signing a 

14    lease if he or she has a prescription to utilize 

15    medical marijuana?

16                 SENATOR SANDERS:   Through you, 

17    Madam President, yes.

18                 SENATOR OBERACKER:   Would the 

19    sponsor continue to yield.

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield?

22                 SENATOR SANDERS:   Absolutely yes, 

23    Madam President.

24                 ACTING PRESIDENT PERSAUD:   The 

25    sponsor yields.


                                                               1858

 1                 SENATOR OBERACKER:   That was a 

 2    Senator Comrie response.  I wasn't prepared for 

 3    it.  So thank you very much for that.

 4                 SENATOR SANDERS:   (Inaudible.)

 5                 (Laughter.)

 6                 SENATOR OBERACKER:   Through you, 

 7    Madam President.  Let's say someone rents a fully 

 8    furnished apartment, lives there for say a year, 

 9    smokes medical marijuana regularly.  Now the 

10    furniture, potentially, all needs to be replaced 

11    before the apartment can be re-rented.

12                 Who's responsible for the cost?  

13                 SENATOR SANDERS:   Through you, 

14    Madam President, a worthy condition.  However, 

15    this bill has nothing to do with that.

16                 The consumption of medical marijuana 

17    is not by smoking -- by gummies or whatever else, 

18    but smoking is not part of medical marijuana.  So 

19    maybe if they get gummies on something you could 

20    raise a question.

21                 SENATOR OBERACKER:   Thank you for 

22    that.  

23                 Madam President, would the bill 

24    sponsor continue to yield.

25                 ACTING PRESIDENT PERSAUD:   Does the 


                                                               1859

 1    sponsor yield? 

 2                 SENATOR SANDERS:   Absolutely.  

 3                 ACTING PRESIDENT PERSAUD:   The 

 4    sponsor yields.

 5                 SENATOR OBERACKER:   Thank you.

 6                 So I went up onto the Office of 

 7    Cannabis Management, and off of the second page 

 8    that we were able to download where it simply 

 9    states "Prohibition on smoking cannabis."  

10    Underneath that it says "The smoking of medical 

11    cannabis will no longer be prohibited."

12                 My question is, could we get some 

13    clarification -- through you, Madam President -- 

14    is someone allowed to consume medical cannabis 

15    via smoking or not?

16                 SENATOR SANDERS:   Well, my first -- 

17    through you, Madam President -- my first response 

18    is through the Public Health Law, medical 

19    marijuana is not involved with smoking.

20                 However, since my friend has raised 

21    a worthy issue, I will seek clarification.

22                 SENATOR OBERACKER:   Thank you for 

23    that answer.

24                 Through you, Madam President, would 

25    the bill sponsor continue to yield.


                                                               1860

 1                 ACTING PRESIDENT PERSAUD:   Does the 

 2    sponsor yield?

 3                 SENATOR SANDERS:   Absolutely.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    sponsor yields.

 6                 SENATOR OBERACKER:   Has there been 

 7    any potential consideration for amending this 

 8    bill to allow for non-smokeable forms of 

 9    marijuana only?  

10                 SENATOR SANDERS:   Through you, 

11    Madam President.  This is our desire.  And if 

12    there is any confusion, then an amendment 

13    certainly needs to be put forward.  If you put it 

14    forward, I'll second it.  

15                 SENATOR OBERACKER:   Thank you for 

16    that answer, Senator.

17                 Through you, Madam President, on the 

18    bill.

19                 ACTING PRESIDENT PERSAUD:   Senator 

20    Oberacker on the bill.

21                 SENATOR OBERACKER:   Thank you, 

22    Senator, for clarifying and giving me a chance to 

23    get some clarification.  Much appreciated.

24                 I'm not opposed to the use of 

25    medical marijuana legally, with a prescription.  


                                                               1861

 1    However, when the use affects others or could 

 2    potentially cause damage to property, I do have 

 3    some serious concerns.  Landlords will often 

 4    prohibit the use of cigarettes for the same 

 5    reason.

 6                 This bill is extremely open-ended 

 7    and fails to protect the tenants who may not want 

 8    to smell marijuana next door.  And if the bill 

 9    sponsor would amend the bill to allow 

10    non-smokeable forms of marijuana, I would 

11    certainly support it.

12                 However, in its current form, I will 

13    be voting in negative.

14                 Thank you, Senator.  Thank you, 

15    Madam President.

16                 ACTING PRESIDENT PERSAUD:   Are 

17    there any other Senators wishing to be heard?

18                 Senator Rhoads, why do you rise?

19                 SENATOR RHOADS:   Thank you so much, 

20    Madam President.  

21                 Would Senator Sanders be willing to 

22    yield to one additional question.

23                 SENATOR SANDERS:   Oh, more than 

24    one.  More than one, Madam President.

25                 ACTING PRESIDENT PERSAUD:   The 


                                                               1862

 1    Senator yields.  

 2                 SENATOR RHOADS:   Thank you, 

 3    Madam President.  Through you.

 4                 I know you've indicated -- I know 

 5    the Senator has indicated a willingness to 

 6    entertain an amendment to the bill.  Would the 

 7    Senator consider laying this bill aside for the 

 8    day so that we could work on the language and 

 9    then bring a comprehensive bill to the floor, 

10    since it seems like we're going to be here for a 

11    while?

12                 SENATOR SANDERS:   Through you, 

13    Madam President.  At the advice -- come here, 

14    come here.  At the advice of counsel -- 

15                 (Laughter.)

16                 SENATOR SANDERS:   -- I will not lay 

17    it aside for the day, but we will -- I'm going to 

18    seriously look into that.  I don't want anybody 

19    burning anybody's furniture or anything like 

20    that.

21                 SENATOR RHOADS:   Thank you, 

22    Senator Sanders.  

23                 Just on the bill, if you don't mind.

24                 ACTING PRESIDENT PERSAUD:   Senator 

25    Rhoads on the bill.


                                                               1863

 1                 SENATOR RHOADS:   Similar to 

 2    Senator Oberacker, I understand the basic concept 

 3    of the bill and certainly agree with the basic 

 4    concept of the bill.  

 5                 But until these issues are worked 

 6    out, I think it's only going to be a source of 

 7    confusion both for landlords and for tenants.  

 8                 I know Senator Sanders has expressed 

 9    his willingness to work on some language, but 

10    until that bill is ready to be advanced in a form 

11    that we can all agree on, I'll have to cast my 

12    vote in the negative.

13                 Thank you, Madam President.

14                 ACTING PRESIDENT PERSAUD:   Thank 

15    you, Senator.

16                 Are there any other Senators wishing 

17    to be heard?  

18                 Seeing and hearing none, debate is 

19    closed.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Madam President, 

22    we are also going to restore this bill to the 

23    noncontroversial calendar.

24                 ACTING PRESIDENT PERSAUD:   The bill 

25    is restored to the noncontroversial calendar.


                                                               1864

 1                 The Secretary will read.

 2                 THE SECRETARY:   Calendar Number 

 3    423, Senate Print 314, by Senator Salazar, an act 

 4    directing the New York State Energy Research and 

 5    Development Authority to establish a Ride Clean 

 6    rebate program.

 7                 ACTING PRESIDENT PERSAUD:   Senator 

 8    Walczyk, why do you rise?

 9                 SENATOR WALCZYK:   Madam President, 

10    I was wondering if the sponsor would yield for 

11    some questions.

12                 ACTING PRESIDENT PERSAUD:   Senator 

13    Salazar, would you yield?

14                 SENATOR SALAZAR:   Yes, 

15    Madam President.

16                 ACTING PRESIDENT PERSAUD:   The 

17    sponsor yields.  

18                 SENATOR WALCZYK:   Through you, 

19    Madam President, how much is this going to cost?

20                 SENATOR SALAZAR:   Through you, 

21    Madam President, the cost is covered by NYSERDA's 

22    budget.  It would -- it really depends on how 

23    many people take advantage of the rebate and are 

24    eligible for the rebate.  

25                 By comparison, the existing 


                                                               1865

 1    Drive Clean rebate program in New York State was 

 2    budgeted about $55 million, and much less than 

 3    that -- about $35 million -- was spent.

 4                 SENATOR WALCZYK:   And through you, 

 5    Madam President, would the sponsor continue to 

 6    yield.

 7                 ACTING PRESIDENT PERSAUD:   Does the 

 8    sponsor yield? 

 9                 SENATOR SALAZAR:   Yes.

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.

12                 SENATOR WALCZYK:   I appreciate 

13    that.  

14                 Especially in Budget Week, I'm sure 

15    we look forward to talking about the cost of many 

16    things in the State of New York, and look forward 

17    to perhaps seeing an allocation if we're 

18    successful or if you're successful today in 

19    putting this bill through.

20                 Is there a requirement for 

21    standardization of batteries for e-bikes embedded 

22    in this legislation?

23                 SENATOR SALAZAR:   Through you, 

24    Madam President, this legislation does not seek 

25    to regulate the use of batteries.  


                                                               1866

 1                 I definitely understand and I think 

 2    that many of us understand that there have been 

 3    concerns about the lithium-ion batteries and some 

 4    of the batteries that individuals use with 

 5    e-bikes -- some of which are not legal e-bikes, I 

 6    would add, or covered by this bill.

 7                 But the purpose of this legislation 

 8    is not to regulate the use of their batteries.

 9                 SENATOR WALCZYK:   Through you, 

10    Madam President, would the sponsor continue to 

11    yield.

12                 ACTING PRESIDENT PERSAUD:   Does the 

13    sponsor yield? 

14                 SENATOR SALAZAR:   Yes.

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR WALCZYK:   If there's not a 

18    requirement for standardization of batteries for 

19    e-bikes but New York residents could receive up 

20    to an $1100 instant rebate at point of sale, 

21    those batteries could include nickel-metal 

22    hydride, sealed lead-acid, or lithium-ion 

23    batteries, am I understanding that correctly?

24                 SENATOR SALAZAR:   Through you, 

25    Madam President, this bill doesn't change the 


                                                               1867

 1    existing law regarding what -- and regulations 

 2    regarding what batteries can be used for Class 1, 

 3    2 and 3 e-bikes or e-scooters that are covered in 

 4    this bill.

 5                 SENATOR WALCZYK:   Understood, thank 

 6    you.  

 7                 And through you, Madam President, 

 8    would the sponsor continue to yield.

 9                 ACTING PRESIDENT PERSAUD:   Does the 

10    sponsor yield?

11                 SENATOR SALAZAR:   Yes.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.

14                 SENATOR WALCZYK:   Does this e-bike 

15    rebate program include any kind of recycling 

16    component for batteries for e-bikes?  

17                 SENATOR SALAZAR:   Through you, 

18    Madam President, no, this legislation doesn't 

19    seek to regulate the recycling of batteries.

20                 SENATOR WALCZYK:   And through you, 

21    Madam President, would the sponsor continue to 

22    yield.

23                 ACTING PRESIDENT PERSAUD:   Does the 

24    sponsor yield? 

25                 SENATOR SALAZAR:   Yes.


                                                               1868

 1                 ACTING PRESIDENT PERSAUD:   The 

 2    sponsor yields.

 3                 SENATOR WALCZYK:   So this is up to 

 4    an $1100 rebate for e-bikes.  What is the rebate 

 5    currently in the State of New York or as proposed 

 6    by this legislation for bikes that pedal or for 

 7    scooters that move by your own foot?  

 8                 SENATOR SALAZAR:   Through you, 

 9    Madam President, my understanding is there is not 

10    an existing rebate for traditional bikes.  And 

11    this bill doesn't seek to create a rebate for 

12    traditional bikes.

13                 SENATOR WALCZYK:   And through you, 

14    Madam President, would the sponsor continue to 

15    yield.

16                 ACTING PRESIDENT PERSAUD:   Does the 

17    sponsor yield?

18                 SENATOR SALAZAR:   Yes.

19                 ACTING PRESIDENT PERSAUD:   The 

20    sponsor yields.

21                 SENATOR WALCZYK:   And I understand 

22    from reading your bill that this is designed to 

23    parallel the Drive Clean rebate program that you 

24    mentioned earlier, a NYSERDA-run program.  

25                 That program offers a full rebate 


                                                               1869

 1    for a range of vehicles that have a range of over 

 2    200 miles, a quarter of the rebate if the range 

 3    is 40 miles for those electric vehicles.  

 4                 Will there be a range requirement, 

 5    as you're paralleling the legislation -- the 

 6    enactment, for the same program for e-bikes and 

 7    e-scooters?  

 8                 SENATOR SALAZAR:   Through you, 

 9    Madam President, these differences are due to the 

10    fact that electric cars, which are, you know, 

11    that the Drive Clean rebate is for, are quite 

12    different from e-bikes and e-scooters, and so 

13    there isn't the same requirement.  

14                 And of course the rebate is 

15    different given that e-bikes on average cost less 

16    than an electric vehicle, an electric car.

17                 SENATOR WALCZYK:   Through you, 

18    Madam President, would the sponsor continue to 

19    yield.

20                 ACTING PRESIDENT PERSAUD:   Does the 

21    sponsor yield?

22                 SENATOR SALAZAR:   Yes.

23                 ACTING PRESIDENT PERSAUD:   The 

24    sponsor yields.

25                 SENATOR WALCZYK:   So there's no 


                                                               1870

 1    kind of range or battery life requirement for the 

 2    e-bike?  

 3                 SENATOR SALAZAR:   Through you, 

 4    Madam President, no.  And this bill does not 

 5    specify a range for the battery of the e-bike.

 6                 SENATOR WALCZYK:   And through you, 

 7    Madam President, would the sponsor continue to 

 8    yield.

 9                 ACTING PRESIDENT PERSAUD:   Does the 

10    sponsor yield?

11                 SENATOR SALAZAR:   Yes.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.

14                 SENATOR WALCZYK:   NYSERDA's Drive 

15    Clean rebate program for electric vehicles -- 

16    that you're mirroring here or paralleling here -- 

17    also requires an owner to keep that vehicle and 

18    prove that they've kept that vehicle for 

19    36 months or more.  

20                 How will we do that with e-bikes and 

21    e-scooters?

22                 SENATOR SALAZAR:   Through you, 

23    Madam President.  This bill does not intend to 

24    mimic the Drive Clean rebate program in every 

25    way.  


                                                               1871

 1                 You know, we want to incentivize 

 2    people to -- and give more access to e-bikes as 

 3    an alternative for gas-powered vehicles.  And so 

 4    that really is the intent.  And there is not an 

 5    explicit requirement in the bill that the 

 6    individual keep the e-bike for a specific period 

 7    of time.

 8                 SENATOR WALCZYK:   Through you, 

 9    Madam President, would the sponsor continue to 

10    yield.

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?

13                 SENATOR SALAZAR:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR WALCZYK:   In line 1:  The 

17    New York State Energy Research and Development 

18    Authority, NYSERDA, is hereby directed to 

19    establish a parallel program to the Drive Clean 

20    rebate program entitled the Ride Clean rebate 

21    program to permit -- and then it goes on to talk 

22    about the e-bikes and how the program shall 

23    parallel.

24                 My question is a follow-up.  So 

25    currently it's a point-of-sale rebate:  A 


                                                               1872

 1    New Yorker goes to a dealer to buy an electric 

 2    vehicle that has a certain amount of range and a 

 3    price, and they qualify for NYSERDA's program.  

 4    They can get up to a $2,000 rebate for the 

 5    electric vehicle that they purchase.  They 

 6    require an application as, you know, many 

 7    different things, including a New York State 

 8    driver's license.  

 9                 If we're doing an e-bike and 

10    e-scooter rebate program for up to $1100 in the 

11    State of New York, what will prevent someone from 

12    New Jersey from coming into New York State to buy 

13    an e-bike or an e-scooter?  Or will they be able 

14    to do that?

15                 SENATOR SALAZAR:   Through you, 

16    Madam President.  I am not concerned that people 

17    will purchase an e-bike in another state and take 

18    advantage of this program in New York.  

19                 But NYSERDA would be responsible for 

20    establishing this rebate program and would be 

21    able to determine if someone purchased an e-bike 

22    in New York State or not.

23                 SENATOR WALCZYK:   And through you, 

24    Madam President, would the sponsor continue to 

25    yield.


                                                               1873

 1                 ACTING PRESIDENT PERSAUD:   Does the 

 2    sponsor yield?

 3                 SENATOR SALAZAR:   Yes.

 4                 ACTING PRESIDENT PERSAUD:   The 

 5    sponsor yields.

 6                 SENATOR WALCZYK:   So as I'm sure 

 7    the sponsor is aware, the Drive Clean rebate 

 8    program requires someone to not only purchase 

 9    from a New York auto dealer that is eligible as a 

10    dealer for the vehicles that qualify, but also to 

11    prove that they're a New York State resident, and 

12    to retain that vehicle for at least 36 months or 

13    have to pay back that rebate.  

14                 My question is, if we're paralleling 

15    that legislation, obviously e-bikes and 

16    e-scooters aren't as accountable as motor 

17    vehicles.  You don't register them with the DMV 

18    and get a special license, they don't have a VIN 

19    the same way that we track motor vehicles.

20                 How -- how will you handle the 

21    accountability side if this -- if this bill 

22    becomes a law?

23                 SENATOR SALAZAR:   Through you, 

24    Madam President, this bill doesn't change 

25    existing laws that e-bike users, users of 


                                                               1874

 1    e-scooters as well, need to abide by the existing 

 2    Vehicle and Traffic Law.  

 3                 And so additionally, NYSERDA would 

 4    still be able to add these regulations to a 

 5    program the same way that -- not exactly the same 

 6    way, but similar to how the Drive Clean rebate 

 7    program was created.

 8                 SENATOR WALCZYK:   Through you, 

 9    Madam President, would the sponsor continue to 

10    yield.

11                 ACTING PRESIDENT PERSAUD:   Does the 

12    sponsor yield?

13                 SENATOR SALAZAR:   Yes.

14                 ACTING PRESIDENT PERSAUD:   The 

15    sponsor yields.

16                 SENATOR WALCZYK:   So under the 

17    program that we're paralleling here with this 

18    proposed legislation, the Drive Clean rebate 

19    program, businesses are eligible to buy electric 

20    vehicles and receive an instant rebate from 

21    NYSERDA.  

22                 Will businesses be eligible to buy 

23    e-bikes and e-scooters with a point-of-sale 

24    rebate as well?

25                 SENATOR SALAZAR:   Through you, 


                                                               1875

 1    Madam President.  This would also be up to 

 2    NYSERDA, as they are directed to establish the 

 3    program.  

 4                 So NYSERDA could determine that a 

 5    business that purchases an e-bike could be 

 6    eligible for the rebate.  They also could 

 7    determine that, you know, individuals who 

 8    purchase e-bikes are the ones who are eligible.  

 9                 SENATOR WALCZYK:   And through you, 

10    Madam President, would the sponsor continue to 

11    yield.

12                 ACTING PRESIDENT PERSAUD:   Does the 

13    sponsor yield? 

14                 SENATOR SALAZAR:   Yes.

15                 ACTING PRESIDENT PERSAUD:   The 

16    sponsor yields.

17                 SENATOR WALCZYK:   Will we require a 

18    New York State driver's license be presented for 

19    someone to become eligible for the e-bike or 

20    e-scooter rebate program?

21                 SENATOR SALAZAR:   Through you, 

22    Madam President, this bill doesn't change the 

23    license requirements to operate any vehicle, 

24    including e-bikes or e-scooters, in New York 

25    State.  


                                                               1876

 1                 You know, that's something that we 

 2    could discuss, but it's -- it isn't actually 

 3    relevant to creating the rebate program.  

 4                 SENATOR WALCZYK:   And through you, 

 5    Madam President, would the sponsor continue to 

 6    yield.

 7                 ACTING PRESIDENT PERSAUD:   Does the 

 8    sponsor yield? 

 9                 SENATOR SALAZAR:   Yes.

10                 ACTING PRESIDENT PERSAUD:   The 

11    sponsor yields.

12                 SENATOR WALCZYK:   You know, last 

13    week this bill showed up on an active list and I 

14    planned to ask you some questions about it.  You 

15    mentioned that you were considering amendments to 

16    it.  And I just wondered what those amendments 

17    might be and why they weren't included in the 

18    bill as you bring it up again today on the active 

19    list.

20                 SENATOR SALAZAR:   Through you, 

21    Madam President, we always try to consider 

22    feedback on legislation.  And that was 

23    certainly -- it has been the case with this 

24    legislation, but we haven't determined that it 

25    needs to be amended at this time.


                                                               1877

 1                 SENATOR WALCZYK:   Madam President, 

 2    on the bill.

 3                 ACTING PRESIDENT PERSAUD:   Senator 

 4    Walczyk on the bill.

 5                 SENATOR WALCZYK:   And I appreciate 

 6    the sponsor yielding.  It provided a lot of 

 7    clarity on some of these things.

 8                 For the average New York resident, 

 9    this bill will just mean an increase in your 

10    electricity bill.  The sponsor said that this 

11    will be paid for out of general operating funds 

12    from the New York State Energy Research and 

13    Development Authority.  What that means to any 

14    New Yorker that can hear the sound of my voice is 

15    your electric bill goes up.  There's a system 

16    benefits charge that gets tagged onto your bill.  

17    That's what's going to pay for the electronic 

18    scooter or the e-bike that someone gets an $1100 

19    rebate on.  

20                 That electronic scooter or e-bike 

21    might be something that you can't afford because 

22    your electricity bills keep going up.  And that's 

23    $1100 for e-bikes that have lead acid, cobalt and 

24    lithium in them, and zero dollars for bikes that 

25    have regular old pedals -- the actual "green 


                                                               1878

 1    bike" in the State of New York.

 2                 Listen, the desperation to electrify 

 3    absolutely everything has sometimes given this 

 4    deliberative body tunnel vision for the 

 5    environment.  This bill is not better for the 

 6    environment.  It's not better to take $1100 and 

 7    promote something that has lithium-ion batteries 

 8    in it when there's already a fully green existing 

 9    product that's existed for over 200 years and 

10    actually makes people healthier when they pedal 

11    the darn thing.

12                 There's no recycling included in 

13    this.  And if you watch some of the news 

14    articles, some of these batteries that are out 

15    there are very dangerous to human health.  

16    They've lit entire buildings on fire.

17                 And as you heard the debate, this 

18    policy is also poorly developed in a few ways.  

19    To parallel the Drive Clean rebate program -- you 

20    know, they've got safeguards that prevent some 

21    fraud and abuse, but it's because of the way that 

22    we handle motor vehicles in the State of 

23    New York.  

24                 If you apply that to something 

25    that's a little bit less accountable, like 


                                                               1879

 1    e-bikes and e-scooters, as the sponsor herself 

 2    just presented, somebody from New Jersey could be 

 3    getting an $1100 benefit for the electricity 

 4    bills in the State of New York going up.

 5                 That doesn't make sense no matter 

 6    what side of the aisle you're sitting on here.  

 7    New Yorkers should not be paying for New Jersey 

 8    residents to get e-scooters and e-bikes.  It's 

 9    unfair to have anyone who pays an electricity 

10    bill subsidize e-bikes, especially for somebody 

11    who is out of state.

12                 Yeah, I think I've made my point.  

13    I'm going to vote no, Madam President, and I 

14    encourage my colleagues to do the same.

15                 ACTING PRESIDENT PERSAUD:   Thank 

16    you, Senator.

17                 Are there any other Senators wishing 

18    to be heard?

19                 Senator Salazar.

20                 SENATOR SALAZAR:   Thank you, 

21    Madam President.  

22                 And thank you, Senator Walczyk, for 

23    engaging in debate about this bill.

24                 I think that all of us are aware of 

25    the need for New Yorkers to be able to access 


                                                               1880

 1    effective, affordable, reliable and accessible 

 2    and safe transportation across the state.  

 3    Electric bikes, as defined in this bill, play a 

 4    valuable role in reducing fossil fuel emissions 

 5    and decreasing traffic congestion, providing 

 6    positive public safety and environmental impacts.

 7                 They are a preferred and accessible 

 8    mode of transportation for many people in our 

 9    state, and this rebate would help alleviate the 

10    financial barriers that some face in safely 

11    purchasing and using e-bikes and certain 

12    e-scooters.  

13                 E-bikes promote accessibility, as 

14    their propulsion makes them easier to use for 

15    individuals with disabilities or with limited 

16    mobility, rather than a traditional bike may.  

17    They have a much smaller, drastically smaller 

18    carbon footprint than gas-powered vehicles or 

19    electric cars do.

20                 I'll mention that in 2022, 

21    Jersey City saw zero traffic deaths because -- 

22    the Senator mentioned New Jersey.  I want to 

23    mention that in Jersey City there were zero 

24    traffic deaths, and I think that this is a 

25    laudable goal in any of our cities.  But one of 


                                                               1881

 1    the many contributing factors they found to that 

 2    drastic decrease in traffic deaths was an 

 3    increase in the use of bikes and other car 

 4    alternatives, including e-bikes and scooters, and 

 5    actually a peak in city bike ridership, which 

 6    extends to Jersey City.

 7                 For comparison, Ulster County -- and 

 8    I compare this just because Ulster has a 

 9    population a little bit smaller but comparable to 

10    Jersey City -- saw 22 traffic deaths in the same 

11    year.

12                 I will also just add that, you know, 

13    in 2020 there were more than a thousand reported 

14    traffic deaths involving cars in New York State, 

15    making cars much deadlier than e-bikes or 

16    e-scooters.  And data also clearly demonstrates 

17    that e-bikes are safer than motorcycles.  

18                 Finally, I'll just say that I don't 

19    personally possess an e-bike, I have a 

20    traditional bike.  And I appreciate Senator 

21    Walczyk's advocacy for the use of traditional 

22    bikes, and I look forward to working with our 

23    colleagues to potentially create a rebate program 

24    for traditional bikes as well.

25                 And with that, Madam President, I 


                                                               1882

 1    vote aye.

 2                 ACTING PRESIDENT PERSAUD:   Thank 

 3    you, Senator.

 4                 Senator Helming, why do you rise?

 5                 SENATOR HELMING:   Madam President, 

 6    if the sponsor will yield for a couple of 

 7    questions.

 8                 ACTING PRESIDENT PERSAUD:   Will the 

 9    sponsor yield? 

10                 SENATOR SALAZAR:   Yes, 

11    Madam President.

12                 ACTING PRESIDENT PERSAUD:   The 

13    sponsor yields.  

14                 SENATOR HELMING:   Through you, 

15    Madam President.  Senator Salazar, I certainly 

16    support the intent of this legislation.  I just 

17    had a couple of questions.  

18                 And the first one is, is there 

19    anything in the bill language that caps the 

20    number of rebates that an individual may apply 

21    for?

22                 SENATOR SALAZAR:   Through you, 

23    Madam President, that would be at the discretion 

24    of NYSERDA, who would be establishing the 

25    Ride Clean rebate program.


                                                               1883

 1                 SENATOR HELMING:   Through you, 

 2    Madam President, if the sponsor will continue to 

 3    yield.

 4                 ACTING PRESIDENT PERSAUD:   Does the 

 5    sponsor yield?

 6                 SENATOR SALAZAR:   Yes.

 7                 ACTING PRESIDENT PERSAUD:   The 

 8    sponsor yields.

 9                 SENATOR HELMING:   And a similar 

10    question -- maybe NYSERDA will also be 

11    responsible for this -- but is there anything in 

12    the bill language that specifies or establishes a 

13    threshold that an individual needs to meet to be 

14    qualified to purchase?  

15                 In other words, can someone who is 

16    extremely wealthy apply for this rebate program?  

17                 SENATOR SALAZAR:   Through you, 

18    Madam President.  This rebate program, as 

19    established by the bill, is not means-tested.  

20                 Although potentially NYSERDA could 

21    include means-testing, such as saying that if 

22    somebody earns, you know, more than a certain 

23    amount, that they wouldn't be eligible for the 

24    rebate.  But this bill doesn't include 

25    means-testing.


                                                               1884

 1                 You know, I think it's fairly 

 2    unlikely that a very wealthy person would seek to 

 3    get a rebate with a maximum of $1100 or 

 4    50 percent from purchasing an e-bike.

 5                 SENATOR HELMING:   Thank you, 

 6    Madam President.

 7                 On the bill.

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Helming on the bill.

10                 SENATOR HELMING:   So I would feel 

11    better about supporting this bill with 

12    modifications, including those caps that I just 

13    mentioned on income thresholds, on limiting the 

14    number of rebates an individual is entitled to.

15                 Senator Walczyk raised a number of 

16    great points about asking, you know, is this just 

17    individuals who are eligible for up to $1100 per 

18    e-bike, or does it include businesses?  And it 

19    sounds like that's not clear at this point.  

20                 So businesses at this point, based 

21    on how the language of the bill is currently, 

22    could apply for any number of rebates up to 

23    $1100 per bike, and they don't even have to hold 

24    on to the bike for any period of time.  You could 

25    buy a bike, get your rebate, resell that bike, 


                                                               1885

 1    buy another bike, sell that bike after getting a 

 2    rebate.  

 3                 And I just think that this bill is 

 4    too open-ended as it's written.  Again, I support 

 5    the intent, but I will be voting no on the bill.

 6                 ACTING PRESIDENT PERSAUD:   Thank 

 7    you, Senator.

 8                 Are there any other Senators wishing 

 9    to be heard?  

10                 Seeing and hearing none, debate is 

11    closed.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Madam President, 

14    we will also be adding this bill to the 

15    noncontroversial calendar.  I think that now has 

16    three bills on it.  

17                 So if we can move over to that 

18    calendar and take those up.

19                 ACTING PRESIDENT PERSAUD:   The bill 

20    was restored to the noncontroversial calendar.

21                 The Secretary will read.

22                 THE SECRETARY:   Calendar Number 

23    297, Senate Print 2297, by Senator Mayer, an act 

24    to amend the General Municipal Law.

25                 ACTING PRESIDENT PERSAUD:   Read the 


                                                               1886

 1    last section.

 2                 THE SECRETARY:   Section 2.  This 

 3    act shall take effect on the 90th day after it 

 4    shall have become a law.

 5                 ACTING PRESIDENT PERSAUD:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT PERSAUD:   Senator 

 9    Mayer to explain her vote.

10                 SENATOR MAYER:   Thank you, 

11    Madam President.  

12                 I rise to explain my vote in support 

13    of this bill, and I'm glad to see that my 

14    colleagues -- I hope that they follow the past 

15    years in voting on a bipartisan basis unanimously 

16    to support this bill.

17                 I think it's important to point out 

18    that there are 109 IDAs in New York and 279 LDCs 

19    which would be subject to this bill, which would 

20    authorize but not require local audits by county 

21    comptrollers or chief county fiscal officers.  

22                 And why is that relevant?  Because 

23    there are approximately 4200 active projects 

24    being considered by these IDAs and LDCs, with 

25    $100 billion in value.


                                                               1887

 1                 And as I pointed out in our prior 

 2    discussion, the Comptroller, who has authority to 

 3    audit IDAs and LDCs, is not able to audit all of 

 4    these -- six in 2022 he audited, five in 2021, 

 5    two in 2020.

 6                 And the point of this is that your 

 7    local comptroller or county official knows which 

 8    projects, as opposed to the overall conduct of 

 9    the IDA, require additional scrutiny.

10                 We are giving tax breaks -- 

11    sometimes wisely, sometimes unwisely -- to 

12    thousands of developers for projects, including 

13    in many cases forgoing school taxes.  And that's 

14    why last year the New York School Boards 

15    indicated a memorandum of support in support of 

16    this bill, saying providing county comptrollers 

17    with the ability to audit these projects will 

18    give an additional level of accountability, and 

19    they have direct relevance and scope that these 

20    agreements have on school district budgets.  

21                 So I think this is a common-sense 

22    and smart way to ensure that we have transparency 

23    and accountability when we grant tax breaks to 

24    developers throughout the state.

25                 I vote aye.


                                                               1888

 1                 ACTING PRESIDENT PERSAUD:   Senator 

 2    Mayer to be recorded in the affirmative.

 3                 Senator Skoufis to explain his vote.

 4                 SENATOR SKOUFIS:   Thanks very much, 

 5    Madam President.  

 6                 I first want to express my gratitude 

 7    to Senator Mayer, for as she said, this 

 8    common-sense proposal to at least modestly take a 

 9    step forward and bring some accountability to 

10    these IDAs where there are county comptrollers.  

11                 And I do -- I think it's important 

12    to not conflate the two buckets of legislation 

13    that we oftentimes consider here in this chamber 

14    vis-a-vis IDAs.  The first is transparency.  And 

15    we've taken a number of steps forward with 

16    transparency with LDCs and IDAs over the years.  

17                 But let's make no mistake -- that if 

18    a bad deal is transparent, taxpayers don't care 

19    that there's transparency with a bad deal.  They 

20    care that it was a bad deal.  And so the fact 

21    that the bad deal is posted on the IDA's website, 

22    the fact that the bad deal was discussed via a 

23    livestream at the IDA board meeting -- I guess 

24    that's all nice and well and good, but at the end 

25    of the day the taxpayer still gets ripped off.


                                                               1889

 1                 What we need are accountability 

 2    measures, which is what that second bucket of 

 3    legislation is.  And so for those counties with 

 4    comptrollers, they are getting a little bit more 

 5    accountability on behalf of taxpayers so that -- 

 6    yes, when the State Comptroller -- yes, they can 

 7    come in and audit, they look at the ledger.  

 8    They're usually not looking at specific projects 

 9    where there are red flags where that project, 

10    that application is ripping off taxpayers.  

11                 A county comptroller, under this 

12    legislation, can dig deep into a specific 

13    proposal, find out what went wrong, shine a light 

14    on it, and try and bring some accountability to 

15    those taxpayers.  

16                 I vote yes.  Thank you.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Skoufis to be recorded in the affirmative.

19                 Announce the results.

20                 THE SECRETARY:   Ayes, 62.

21                 ACTING PRESIDENT PERSAUD:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    228, Senate Print 2263, by Senator Sanders, an 

25    act to amend the Real Property Actions and 


                                                               1890

 1    Proceedings Law.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Announce 

10    the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 228, those Senators voting in the 

13    negative are Senators Borrello, 

14    Canzoneri-Fitzpatrick, Martins, Mattera, Murray, 

15    Oberacker, O'Mara, Ortt, Palumbo, Rhoads, 

16    Rolison, Tedisco, Walczyk, Weber and Weik.  

17                 Senator O'Mara is up.  Senator 

18    O'Mara in the affirmative.

19                 Ayes, 48.  Nays, 14.

20                 ACTING PRESIDENT PERSAUD:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    423, Senate Print 314, by Senator Salazar, an act 

24    directing the New York State Energy Research and 

25    Development Authority to establish a Ride Clean 


                                                               1891

 1    rebate program.

 2                 ACTING PRESIDENT PERSAUD:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT PERSAUD:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT PERSAUD:   Senator 

10    Rhoads to explain his vote.

11                 SENATOR RHOADS:   Thank you, 

12    Madam President.  

13                 And I want to thank Senator Salazar 

14    for advancing the bill.  The program itself 

15    certainly is interesting, and I want to thank her 

16    for highlighting the safety record of e-bikes on 

17    the roadways.  

18                 But I do have several concerns about 

19    the safety of e-bikes in the home, which is where 

20    most of these e-bikes are charged.  My concern is 

21    that there are hundreds of e-bike battery fires 

22    every single year, many of which result in 

23    explosions which can cause catastrophic damage.  

24                 And I know that doctors take the 

25    Hippocratic Oath, right -- the first obligation 


                                                               1892

 1    is to do no harm?  In this case, even though 

 2    we're trying to assist the environment, we may be 

 3    doing harm by encouraging and putting these bikes 

 4    into individuals' homes without addressing some 

 5    of the underlying causes.

 6                 In New York City alone, last year 

 7    there were 104 e-bike fires.  Just in New York 

 8    City.  As of February 24th of this year, 

 9    lithium-ion batteries used to power electric 

10    bicycles and scooters have already sparked 

11    22 fires that have caused 36 injuries and two 

12    deaths in New York City alone.  And about a week 

13    after that statistic was reported in AP, there 

14    was another fire in the Bronx, I believe on 

15    March 5th, that destroyed a building, that 

16    injured seven people and also destroyed a 

17    business that was in that building.

18                 I'm not saying that e-bikes are bad.  

19    What I am saying is that there needs to be some 

20    common-sense review of e-bikes.  Even the 

21    New York Council earlier this month actually 

22    banned the sale of e-bikes within the city limits 

23    that do not have UL-approved batteries.

24                 But I think as a body, before we 

25    encourage e-bikes to be put into people's homes, 


                                                               1893

 1    and before we actually pay $1100 of state 

 2    taxpayer dollars to make that happen, we should 

 3    be taking a look at the safety of those bicycles 

 4    and putting some common-sense restrictions in, 

 5    and then revisiting that policy.  

 6                 As a second piece -- and I know I'm 

 7    limited -- as a second piece to that, I'm also 

 8    concerned about the economics.  Because while 

 9    businesses are eligible to apply for the $1100 

10    rebate, the person who actually purchases the 

11    bike is also eligible for the $1100 rebate, and 

12    so now all of a sudden we're paying $2200 for 

13    every one of those bicycles, not just 1100.  

14                 So I am -- I will be voting against 

15    the bill, but I hope to explore this further.

16                 Thank you, Madam President.

17                 ACTING PRESIDENT PERSAUD:   Senator 

18    Rhoads to be recorded in the negative.

19                 Senator Ramos to explain her vote.

20                 SENATOR RAMOS:   Thank you, 

21    Madam President.  

22                 From the outset, let me say that I'm 

23    very proud to be voting for this bill, and I 

24    applaud Senator Salazar for taking this 

25    initiative.


                                                               1894

 1                 I wanted to express a few other 

 2    thoughts that I had, one being that I find it 

 3    laughable when Senators across the aisle are 

 4    trying to champion income thresholds when it 

 5    comes these types of rebates, when they're 

 6    perfectly fine with corporate socialism.  I think 

 7    that we would do a much better service to the 

 8    people of New York if we were actually able to 

 9    look at where we waste money in those spaces.

10                 Secondly, with respect to e-bike 

11    fires, I would like to point out that those fires 

12    didn't used to be a thing.  They've become more 

13    of the norm as of late because delivery workers 

14    largely are having to buy second-use lithium-ion 

15    batteries, and that -- therein lies the 

16    difference.

17                 E-bikes aren't getting banned 

18    anywhere.  What we should be banning is 

19    second-use lithium-ion batteries, and I'm a 

20    supporter of Senator Krueger's bill to do so.  

21    These second-use lithium-ion batteries have 

22    already been banned in other devices such as our 

23    phones, and in other places where they're used, 

24    and should actually be done for e-bikes as well.  

25                 The delivery workers particularly 


                                                               1895

 1    are buying these because they're paid so damn 

 2    little by companies like DoorDash, Grubhub and 

 3    Uber Eats and the like.  

 4                 And I know a lot of my colleagues 

 5    are -- on both sides of the aisle feel perfectly 

 6    fine taking campaign donations from those 

 7    corporations.  It's quite unfortunate, and I wish 

 8    that would stop, because what we want is to make 

 9    sure that these folks are able to provide for 

10    themselves and their families, and at least they 

11    should be able to subsidize the overhead that is 

12    those e-bikes.

13                 Thank you, Madam President.

14                 ACTING PRESIDENT PERSAUD:   Senator 

15    Ramos to be recorded in the affirmative.

16                 Senator May to explain her vote.

17                 SENATOR MAY:   Thank you, 

18    Madam President.  

19                 I want to thank Senator Salazar for 

20    this bill.  

21                 Before I had a job that involved 

22    covering 1500 square miles of territory, I used 

23    to bike to work regularly or walk to work.  And 

24    as a property taxpayer, I was pretty keenly aware 

25    that a lot of my property taxes went to road 


                                                               1896

 1    repair, road maintenance, and it was never the 

 2    bikes that were causing the potholes.  

 3                 So I think in terms of just economic 

 4    payback for this bill, this is an economically 

 5    sensible bill to do.  It saves money on road 

 6    maintenance, frankly.

 7                 But also I will say I now live in a 

 8    part of town that is on a very, very steep hill, 

 9    and I can no longer use my regular bike just to 

10    go grocery shopping, for example, because I 

11    wouldn't be able to get the loaded bike up the 

12    hill to my home.

13                 So I'm considering getting an 

14    e-bike.  I think a number of my neighbors are as 

15    well.  And this bill will help us do that, and 

16    then enable us to get out of our cars to be doing 

17    less wear and tear on the roads, less spewing of 

18    fumes into the air, less noise pollution, and 

19    otherwise making our community a little bit 

20    better.  So I am very grateful to Senator 

21    Salazar.  

22                 I proudly vote aye.  Thank you.

23                 ACTING PRESIDENT PERSAUD:   Senator 

24    May to be recorded in the affirmative.

25                 Announce the results.


                                                               1897

 1                 THE SECRETARY:   In relation to 

 2    Calendar 423, those Senators voting in the 

 3    negative are Senators Canzoneri-Fitzpatrick, 

 4    Felder, Griffo, Helming, Lanza, Martins, Murray, 

 5    Oberacker, O'Mara, Ortt, Tedisco, Walczyk and 

 6    Weber.

 7                 Ayes, 49.  Nays, 13.

 8                 ACTING PRESIDENT PERSAUD:   The bill 

 9    is passed.

10                 Senator Liu, that completes the 

11    reading of today's calendar.

12                 SENATOR LIU:   Madam President, is 

13    there any further business at the desk?

14                 ACTING PRESIDENT PERSAUD:   One 

15    second, Senator Liu.  

16                 Announce the results on Calendar 

17    423.

18                 THE SECRETARY:   In relation to 

19    Calendar 423, those Senators voting in the 

20    negative are Senators Canzoneri-Fitzpatrick, 

21    Felder, Griffo, Helming, Lanza, Martins, Murray, 

22    Oberacker, O'Mara, Ortt, Rhoads, Tedisco, 

23    Walczyk, Weber and Weik.

24                 Ayes, 47.  Nays, 15.

25                 ACTING PRESIDENT PERSAUD:   The bill 


                                                               1898

 1    is passed.

 2                 Senator Liu, that completes the 

 3    reading of today's calendar.

 4                 SENATOR LIU:   Is there any further 

 5    business at the desk?

 6                 ACTING PRESIDENT PERSAUD:   There is 

 7    no further business at the desk.

 8                 SENATOR LIU:   Then I move to 

 9    adjourn until Tuesday, March 28th, at 3:00 p.m.

10                 ACTING PRESIDENT PERSAUD:   On 

11    motion, the Senate stands adjourned until 

12    Tuesday, March 28th, at 3:00 p.m.

13                 (Whereupon, at 4:28 p.m., the Senate 

14    adjourned.)

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