Regular Session - May 5, 2025

                                                                   2298

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                     May 5, 2025

11                      3:29 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JAMAAL T. BAILEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               2299

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

 2                 ACTING PRESIDENT BAILEY:   The 

 3    Senate will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT BAILEY:   In the 

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

10    moment of silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT BAILEY:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, Friday, 

16    May 2, 2025, the Senate met pursuant to 

17    adjournment.  The Journal of Thursday, May 1, 

18    2025, was read and approved.  On motion, the 

19    Senate adjourned.

20                 ACTING PRESIDENT BAILEY:   Without 

21    objection, the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 The Secretary will read.

25                 THE SECRETARY:   Senator Hinchey 


                                                               2300

 1    moves to discharge, from the Committee on Health, 

 2    Assembly Bill Number 6952 and substitute it for 

 3    the identical Senate Bill 6665, Senate Print 729.  

 4                 ACTING PRESIDENT BAILEY:   So 

 5    ordered.

 6                 Messages from the Governor.

 7                 Reports of standing committees.

 8                 Reports of select committees.

 9                 Communications and reports from 

10    state officers.

11                 Motions and resolutions.

12                 Senator Gianaris.

13                 SENATOR GIANARIS:   Good afternoon, 

14    Mr. President.  

15                 Amendments are offered to the 

16    following Third Reading Calendar bills:  

17                 By Senator Hoylman-Sigal, page 35, 

18    Calendar Number 761, Senate Print 4859; 

19                 Senator Harckham, page 49, Calendar 

20    Number 880, Senate Print 7540; 

21                 And by Senator Martinez, page 30, 

22    Calendar Number 712, Senate Print 7672. 

23                 ACTING PRESIDENT BAILEY:   The 

24    amendments are received, and the bills will 

25    retain their place on the Third Reading Calendar.


                                                               2301

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   I also wish to 

 3    call up the following bills, which were recalled 

 4    from the Assembly and are now at the desk:  

 5    Senate Print Numbers 4153 and 3236.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    Secretary will read.

 8                 THE SECRETARY:   Calendar Number 

 9    320, Senate Print 4153, by Senator Sanders, an 

10    act to amend the General Business Law.

11                 Calendar Number 454, Senate Print  

12    3236, by Senator Cooney, an act to amend the 

13    Education Law.

14                 SENATOR GIANARIS:   Move to 

15    reconsider the vote by which these bills were 

16    passed.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll on reconsideration.

19                 (The Secretary called the roll.)

20                 THE SECRETARY:   Ayes, 58.

21                 ACTING PRESIDENT BAILEY:   The bills 

22    are restored to their place on the Third Reading 

23    Calendar.

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   I offer the 


                                                               2302

 1    following amendments.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    amendments are received.

 4                 SENATOR GIANARIS:   Moving on to 

 5    resolutions, let's take up previously adopted 

 6    Resolution 260, by Senator Scarcella-Spanton, 

 7    read that resolution's title, and recognize 

 8    Senator Scarcella-Spanton.

 9                 ACTING PRESIDENT BAILEY:   The 

10    Secretary will read.

11                 THE SECRETARY:   Resolution 260, by 

12    Senator Scarcella-Spanton, commending Jose 

13    Cristales upon the occasion of his designation as 

14    a recipient of the Liberty Medal, the highest 

15    honor bestowed upon an individual by the New York 

16    State Senate.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Scarcella-Spanton on the resolution.

19                 SENATOR SCARCELLA-SPANTON:   Thank 

20    you, Mr. President.  

21                 Yesterday, May 4th, marked 

22    International Firefighters Day, a day to honor, 

23    recognize and celebrate firefighters for their 

24    service internationally, as well as to remember 

25    firefighters who lost their lives during service.


                                                               2303

 1                 Today we are joined by four 

 2    New Yorkers who have served our city, state and 

 3    nation:  U.S. Marine Gunnery Sergeant Nelson Paz, 

 4    U.S. Marshal David Vizhnay, Firefighter Andy 

 5    Huang, and Firefighter Jose Cristales, who I had 

 6    the privilege of awarding the New York State 

 7    Senate Liberty Medal last fall.

 8                 The New York State Liberty Medal is 

 9    the highest honor that can be bestowed by a 

10    Senator and includes a resolution voted on by the 

11    entire New York State Senate.  

12                 Criteria for receiving this medal 

13    include taking heroic, extraordinary action in 

14    service of others.  That includes law enforcement 

15    and first responders acting outside of their job 

16    duties and going above and beyond the call of 

17    duty.  And last year, Jose did just that.  

18                 Jose, of Brighton Beach, is a member 

19    of the FDNY.  On July 11th, while off duty, he 

20    heard a car accident outside of his home and ran 

21    out to help.  A 19-year-old girl was pinned under 

22    an SUV and, due to his quick thinking, courage 

23    and training, Jose saved her life.

24                 The level of foresight and heroism 

25    is not something you see every day and 


                                                               2304

 1    underscores why our firefighters are called 

 2    New York's bravest.  Jose's actions not only 

 3    impacted one life, but highlighted what it means 

 4    to be a New Yorker and a firefighter.  

 5                 Jose had exemplified FDNY's values, 

 6    training, teamwork and heroism.  And to all of 

 7    our firefighters, I do come from a family of 

 8    firefighters.  My uncle, I think we discussed, he 

 9    passed away from 9/11 related cancer.  So it's 

10    near and dear to my heart, and it's especially 

11    important to have you here today.

12                 I cannot think of anyone more 

13    deserving of this honor than Jose, Nelson, David, 

14    and Andy.  We welcome you to the State Capitol.  

15    Wherever your service lies, thank you for 

16    answering the call to duty and going above and 

17    beyond to keep us safe.  

18                 I'm very proud to bring this 

19    resolution to the floor.

20                 Thank you.

21                 ACTING PRESIDENT BAILEY:   To our 

22    incredibly brave and heroic guests, I welcome you 

23    on behalf of the Senate.  I extend to you all the 

24    privileges and courtesies of this house.  

25                 Please rise and be recognized.


                                                               2305

 1                 (Standing ovation.)  

 2                 ACTING PRESIDENT BAILEY:   The 

 3    resolution was adopted on January 28th.

 4                 Senator Gianaris.

 5                 SENATOR GIANARIS:   Next up is 

 6    previously adopted Resolution 849, by 

 7    Senator Canzoneri-Fitzpatrick.  Read its title 

 8    and recognize Senator Canzoneri-Fitzpatrick.

 9                 ACTING PRESIDENT BAILEY:   The 

10    Secretary will read.

11                 THE SECRETARY:   Resolution 849, by 

12    Senator Canzoneri-Fitzpatrick, memorializing 

13    Governor Kathy Hochul to proclaim July 2025 as 

14    Juvenile Arthritis Month in the State of 

15    New York.

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Canzoneri-Fitzpatrick on the resolution.

18                 SENATOR CANZONERI-FITZPATRICK:  

19    Thank you, Mr. President.

20                 I proudly rise today in support of 

21    the resolution declaring July 2025 as 

22    Juvenile Arthritis Awareness Month here in the 

23    State of New York.

24                 Everyone knows someone who has 

25    arthritis, yet we always think of it as those who 


                                                               2306

 1    are elderly that have this affliction.  However, 

 2    many people don't realize that arthritis does not 

 3    discriminate by age.  It does impact children.  

 4                 And today I want to share the story 

 5    of one young brave girl from my community who 

 6    lives with that reality every day.

 7                 I'd like to introduce Molly Talbot 

 8    to Albany.  Molly is a 15-year-old student at 

 9    Frank Cary high school in Franklin Square.  Molly 

10    suffered a broken ankle playing softball, and 

11    when she returned to the field, even with braces 

12    and tape, her pain continued.  After limping 

13    across the stage for her elementary school 

14    graduation, her parents knew that something 

15    needed to be done.

16                 Her knees were swollen and after an 

17    MRI, she was diagnosed with juvenile idiopathic 

18    arthritis, a chronic autoimmune disease that 

19    affects nearly 300,000 children across the 

20    United States.

21                 Molly didn't choose this journey, 

22    but she faces it with courage and strength beyond 

23    her years.  

24                 Juvenile arthritis is often 

25    misunderstood and underdiagnosed.  There is 


                                                               2307

 1    currently no cure, only treatments to manage 

 2    symptoms and slow progression.

 3                 And for Molly and so many others, 

 4    that means a lifelong road filled with doctors' 

 5    visits, medication and uncertainty.

 6                 It's an invisible disease.  So many 

 7    people say to her:  You don't look sick.  But of 

 8    course she feels the pain and suffers with this 

 9    disease every day.

10                 Rather than resigning herself to 

11    suffering in silence, Molly has turned this 

12    disorder into passion and advocacy, raising 

13    awareness of juvenile arthritis, as well as 

14    raising funds for the Arthritis Foundation 

15    through a car wash that she held at her dad's 

16    volunteer fire department.  

17                 I also want to recognize her dear 

18    parents, John and Deborah Talbot, who have become 

19    tireless advocates not just for their daughter 

20    but for every family facing this disease and 

21    silent battle.  

22                 Like so many other parents, they 

23    never expected their child's vocabulary at such a 

24    young age to include arthritis.  But they've 

25    turned their challenge into purpose.  


                                                               2308

 1                 So today let's make Molly and others 

 2    like her know we see you, we support you, and we 

 3    will stand with you.

 4                 I'm proud to bring this resolution 

 5    to the floor.  I urge my colleagues to join me in 

 6    supporting this resolution.  And I ask you, 

 7    Mr. President, to welcome our guests to the 

 8    Senate and extend to them all the courtesies and 

 9    privileges of this house.

10                 Thank you.

11                 ACTING PRESIDENT BAILEY:   Thank 

12    you, Senator Canzoneri-Fitzpatrick.

13                 To our guests, Ms. Talbot, we salute 

14    you and applaud you for your perseverance in the 

15    face of adversity.  

16                 I welcome you on behalf of the 

17    Senate.  We extend to you all of the privileges 

18    and courtesies of this house.

19                 Please rise and be recognized. 

20                 (Standing ovation.)

21                 ACTING PRESIDENT BAILEY:   The 

22    resolution was adopted on April 29th.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   Mr. President, 

25    let's open today's resolutions for cosponsorship, 


                                                               2309

 1    please.  

 2                 ACTING PRESIDENT BAILEY:   The 

 3    resolutions are open for cosponsorship.  Should 

 4    you choose not to be a cosponsor, please notify 

 5    the desk.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Let's take up 

 8    the calendar.

 9                 ACTING PRESIDENT BAILEY:   The 

10    Secretary will read.

11                 THE SECRETARY:   Calendar Number 

12    110, Senate Print 557, by Senator Krueger, an act 

13    to amend the Executive Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 59.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               2310

 1                 THE SECRETARY:   Calendar Number 

 2    111, Senate Print 616, by Senator Stavisky, an 

 3    act to amend the Executive Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect on the first of January.  

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 59.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    181, Senate Print 1664, by Senator Harckham, an 

18    act to amend the Criminal Procedure Law.

19                 ACTING PRESIDENT BAILEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect on the 180th day after it 

23    shall have become a law.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               2311

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 59.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    452, Senate Print 3071A, by Senator Sanders, an 

 9    act to amend the Education Law.

10                 SENATOR LANZA:   Lay it aside.

11                 ACTING PRESIDENT BAILEY:   Lay it 

12    aside.

13                 THE SECRETARY:   Calendar Number 

14    724, Senate Print 1056, by Senator Serrano, an 

15    act to amend the Social Services Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 4.  This 

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

20    shall have become a law.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               2312

 1                 THE SECRETARY:   Ayes, 59.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    729, Assembly Bill Number 6952, by 

 6    Assemblymember Barrett, an act to amend the 

 7    Alcoholic Beverage Control Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 729, voting in the negative:  

19    Senator Martinez.

20                 Ayes, 58.  Nays, 1.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    732, Senate Print 2257, by Senator Comrie, an act 

25    to amend the Social Services Law.


                                                               2313

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect immediately.

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 732, voting in the negative are 

12    Senators Borrello, Gallivan, Griffo, Lanza, 

13    Mattera, Murray, Oberacker, O'Mara, Ortt, 

14    Palumbo, Stec, Tedisco, Walczyk, Weber and Weik.

15                 Ayes, 44.  Nays, 15.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    753, Senate Print 2279, by Senator Webb, an act 

20    to amend the Tax Law.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect on the first day of a sales 

25    tax quarterly period.


                                                               2314

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Webb to explain her vote.

 6                 SENATOR WEBB:   Thank you, 

 7    Mr. President.

 8                 I rise to explain my vote on this 

 9    bill.  In this chamber we often talk about the 

10    challenges that our students in K-12 face with 

11    regards to having access to food, and we fund -- 

12    and I'm very proud of that -- expanding access to 

13    food in our K-12 schools.

14                 However, this continues to be a 

15    challenge beyond K-12 and is certainly 

16    exemplified in our college campuses across the 

17    state.  

18                 And so what this legislation is 

19    rooted in is this simple but powerful truth that 

20    no college student in New York should ever have 

21    to choose between going to class or going hungry.  

22                 This bill makes a small but 

23    meaningful change.  It excludes food sold to 

24    students using approved donation programs, such 

25    as donated meal points or designated food funds, 


                                                               2315

 1    from being subjected to sales tax.  It may seem 

 2    technical, but the goal is clear:  To remove a 

 3    financial barrier that should never have existed 

 4    in the first place.

 5                 Mr. President, across our SUNY and 

 6    CUNY campuses too many students -- bright 

 7    hardworking young people -- are experiencing food 

 8    insecurity.  Many are skipping meals, relying on 

 9    food pantries, or choosing between basic 

10    necessities in order to remain enrolled and 

11    succeed.  

12                 Organizations like Swipe Out Hunger 

13    and campus-led meal share programs have stepped 

14    up to fill this gap.  They collect and 

15    redistribute unused meal swipes or meal dollars 

16    to students that are in need.  These solutions 

17    are student-led, campus-driven, and most 

18    certainly rooted in compassion.

19                 However, this legislation won't 

20    solve student hunger overnight, but it is part of 

21    a broader commitment, a commitment to treat food 

22    security on college campuses as a serious policy 

23    issue.  This is also a commitment to make sure 

24    that higher education is more equitable, not just 

25    in tuition but in the basic dignity of being able 


                                                               2316

 1    to learn without being hungry.  

 2                 I vote aye and encourage my 

 3    colleagues to do the same.

 4                 Thank you, Mr. President.

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Webb to be recorded in the affirmative.

 7                 Announce the results.

 8                 THE SECRETARY:   Ayes, 59.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    780, Senate Print 608, by Senator Comrie, an act 

13    to amend the Public Authorities Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect on the first of January.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.  

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 59.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               2317

 1                 THE SECRETARY:   Calendar Number 

 2    886, Senate Print 1911A, by Senator Rivera, an 

 3    act to amend the Public Health Law.

 4                 SENATOR LANZA:   Lay it aside.

 5                 SENATOR GIANARIS:   Lay it aside for 

 6    the day, please.  

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    will be laid aside for the day.

 9                 Senator Gianaris, that completes the 

10    reading of today's calendar.

11                 SENATOR GIANARIS:   Let's move on to 

12    the controversial calendar, please.  

13                 ACTING PRESIDENT BAILEY:   The 

14    Secretary will ring the bell.

15                 The Secretary will read.  

16                 THE SECRETARY:   Calendar Number 

17    452, Senate Print 3071A, by Senator Sanders, an 

18    act to amend the Education Law.

19                 ACTING PRESIDENT BAILEY:   Senator 

20    Rhoads, why do you rise?

21                 SENATOR RHOADS:   Thank you, 

22    Mr. President.  I would hope that Senator Sanders 

23    might be willing to answer a couple of questions.

24                 ACTING PRESIDENT BAILEY:   Will the 

25    sponsor yield?


                                                               2318

 1                 SENATOR SANDERS:   Absolutely.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    sponsor yields.  

 4                 SENATOR RHOADS:   Senator Sanders, 

 5    good afternoon.

 6                 SENATOR SANDERS:   Good afternoon, 

 7    sir.

 8                 SENATOR RHOADS:   I want to thank 

 9    you for sponsoring this bill.  

10                 Just -- could you briefly explain 

11    the purpose of the bill.

12                 ACTING PRESIDENT BAILEY:   Yes.  

13    Through you, Mr. President, yes.  

14                 First I want to take you back to a 

15    young man in my district, Cameron Brown, who was 

16    7 years old, who had a horrible bus accident.  

17    Getting off his school bus, he was pinned and 

18    killed in a horrible school bus accident.

19                 So I think that we need to keep real 

20    things in mind, real people.  And his family and 

21    families like his should always be remembered as 

22    we are remembering them now.

23                 We also should have a way of looking 

24    at not just that accident, but any type of 

25    accidents.  How do we ensure that we don't have 


                                                               2319

 1    this tragedy ever again?  One of the best ways is 

 2    to bring everyone together, bring the best 

 3    experts that we have, put them in a room, give 

 4    them enough time, and find ways to make sure that 

 5    young Cameron Brown, 7 years old, will never -- 

 6    that will never be repeated, hopefully.

 7                 And that is the genesis of this 

 8    bill, and that's exactly what we're trying to do.  

 9    And with your help, we're going to do it.  You're 

10    going to help us make it better, I believe.

11                 SENATOR RHOADS:   Thank you, 

12    Senator.  

13                 Will the sponsor yield? 

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR SANDERS:   Absolutely.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.  

19                 SENATOR RHOADS:   Thank you, 

20    Senator Sanders.  It's certainly a laudable goal.

21                 My understanding is that the bill 

22    requires the creation of a task force which will 

23    be charged to review existing state laws, 

24    regulations and programs that address school bus 

25    safety, and then make recommendations for 


                                                               2320

 1    improvements to those laws.  Is that correct?  

 2                 SENATOR SANDERS:   Through you, 

 3    Mr. President, absolutely.  We should bring the 

 4    best people together that we can find, the best 

 5    minds on this, and come to a resolution.

 6                 SENATOR RHOADS:   And will the 

 7    sponsor continue to yield?

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield?

10                 SENATOR SANDERS:   Absolutely.  

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.

13                 SENATOR RHOADS:   Thank you.  

14    Through you, Mr. President.

15                 Would that also -- would the task 

16    force also address any existing state laws, 

17    regulations or programs that impact school bus 

18    safety?  In other words, using the terminology 

19    "address," does that solely mean pieces of 

20    legislation already in existence that attempt to 

21    address the issue of school bus safety?  Or will 

22    they have the chance to broaden that scope to any 

23    issue that would impact school bus safety?  

24                 SENATOR SANDERS:   Through you, 

25    Mr. President.  We should not restrict such a 


                                                               2321

 1    panel to anything of this nature.  They should 

 2    be -- they should use their best discretion.  

 3                 If we're bringing the best experts 

 4    that we have in the state together, we should not 

 5    say:  You can only look at this and not look at 

 6    that.

 7                 SENATOR RHOADS:   Thank you, 

 8    Senator.  

 9                 Will the sponsor continue to yield? 

10                 ACTING PRESIDENT BAILEY:   Will the 

11    sponsor yield? 

12                 SENATOR SANDERS:   Absolutely.

13                 ACTING PRESIDENT BAILEY:   The 

14    sponsor yields.

15                 SENATOR RHOADS:   Through you, 

16    Mr. President.  Thank you, Senator Sanders.

17                 As has been discussed several times 

18    on the floor, there are some issues with regard 

19    to the state's existing electric school bus 

20    mandate and potential safety issues that may 

21    exist with respect to electric buses.

22                 Would this task force be able -- be 

23    empowered to take a look and make recommendations 

24    with respect to the electric bus mandate as well?  

25                 SENATOR SANDERS:   Through you, 


                                                               2322

 1    Mr. President.  This task force, which of course 

 2    will include one Republican, should come up with 

 3    their own ideas on what they should look at.  

 4                 We should not tell them, these 

 5    experts, what we want them to look at to make the 

 6    matters of our children's safety.  They should be 

 7    empowered to have the freedom to make the best 

 8    decisions in the interests of the children.

 9                 SENATOR RHOADS:   Thank you very 

10    much for that answer, Senator Sanders.  Thank you 

11    for yielding to my questions.  

12                 I'd like to go on the bill, if I 

13    could.

14                 ACTING PRESIDENT BAILEY:   Senator 

15    Rhoads on the bill.

16                 SENATOR RHOADS:   Thank you, 

17    Mr. President.

18                 I raised the issue of the state 

19    school bus mandate because it is rapidly 

20    approaching.  In fact, by June 1st of 2027, 

21    school districts and bus companies throughout the 

22    state will only be able to purchase electric 

23    school buses.  And obviously that's designed to 

24    try and improve the overall environment, reduce 

25    our carbon footprint, which of course is a 


                                                               2323

 1    laudable goal.  However, it presents numerous 

 2    safety challenges which have been well 

 3    documented.  

 4                 In Government Technology, their 

 5    edition of March 1st of 2024, the director of the 

 6    New York Association for Pupil Transportation 

 7    stated that 20 out of 100 -- 20 percent -- of 

 8    electric school buses are out of service on any 

 9    given day.

10                 That presents a safety concern, 

11    obviously, because if an electric bus breaks down 

12    while they have students on that bus, we now have 

13    concerns not only about how to get pupils to and 

14    from where they have to go, but how to do so 

15    safely.  

16                 And so I was very happy, 

17    Senator Sanders, that you indicated that the 

18    task force would have the flexibility to be able 

19    to take a look at that.

20                 In addition, we have School 

21    Transportation News, in which it's stated that 

22    lithium-ion batteries, which is a general term 

23    for batteries classified by their cathode 

24    chemistry, have been linked to numerous fires 

25    because of their tendency to spontaneously 


                                                               2324

 1    combust if damaged or stored improperly; burn 

 2    hotter than other fires; defy attempts to 

 3    extinguish them with water due to stranded energy 

 4    in damaged batteries; and reignite after a fire 

 5    has been extinguished because stranded energy 

 6    morphs into runaway energy.  

 7                 They normally consist of large packs 

 8    of cells.  Failure of one of those cells will 

 9    very rapidly spread to the surrounding cells 

10    until all of the batteries in the pack are in 

11    thermal runaway.  

12                 The batteries also emit explosive 

13    hydrogen gases prior to and during thermal 

14    runaway, which accelerates the fire very rapidly.  

15                 My concern, as I've expressed on the 

16    floor before, is that if you have an electric 

17    school bus, you are literally putting students 

18    either underneath, because they may be stored in 

19    the ceiling, or above those giant electric 

20    battery cells that can spontaneously combust and 

21    spread rapidly.  

22                 So I hope one of the things that the 

23    task force will look at are the dangers of those 

24    electric buses and how we can safely evacuate 

25    students in the limited amount of time that we 


                                                               2325

 1    would have.  And I hope they would consider 

 2    recommendations which would certainly delay, if 

 3    not eliminate entirely, the electric bus mandate 

 4    for safety concerns, separate and apart from our 

 5    concerns about the cost of $20 billion estimated 

 6    that will be borne by our school districts and by 

 7    bus companies throughout the state.

 8                 Thank you, Mr. President.

 9                 ACTING PRESIDENT BAILEY:   Thank 

10    you, Senator Rhoads.

11                 Are there any other Senators wishing 

12    to be heard?

13                 Seeing and hearing none, debate is 

14    closed.  The Secretary will ring the bell.

15                 Read the last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Harckham to explain his vote.

23                 SENATOR HARCKHAM:   Thank you very 

24    much, Mr. President.

25                 I want to thank the sponsor for 


                                                               2326

 1    bringing this bill to the floor.  

 2                 I also just want to address some 

 3    comments that were made.  That, you know, the 

 4    constant fearmongering that goes on in this 

 5    chamber about clean energy and zero-emissions 

 6    transportation -- the simple fact is that not 

 7    only on a numerical basis but on a per-capita 

 8    basis, there are far more carbon-based fires, 

 9    petroleum, gasoline and diesel fires, whether 

10    it's been personal vehicles or school buses, than 

11    electric vehicles.

12                 And if we want to talk about the 

13    danger to students on buses, the danger to 

14    students on gasoline and diesel buses is they 

15    breathe 19 times more harmful pollutants than 

16    folks not on the buses.  That is a danger.

17                 So having said that, off topic, I 

18    vote aye.  Thank you.

19                 ACTING PRESIDENT BAILEY:   Senator 

20    Harckham to be recorded in the affirmative.

21                 Senator Sanders to explain his vote.

22                 SENATOR SANDERS:   Thank you, 

23    Mr. President.

24                 I thank my colleague for raising 

25    worthy issues that need to be discussed, and of 


                                                               2327

 1    course Senator Harckham with his varied insights.

 2                 I again want to draw attention to 

 3    young Cameron Brown, who perished in 2019.  And 

 4    we want to say to his family and to all other 

 5    families that we as a body hear you and feel the 

 6    grief that you still have.  And we're trying our 

 7    best to make it a better world, to make it a 

 8    safer, better world.  And that's a collective 

 9    sentiment by this entire group.

10                 In terms of the bill itself, I think 

11    that by empowering our best minds, the best minds 

12    that we can find on an issue, and not handcuffing 

13    them but believing in science and believing that 

14    good people can come together and think of the 

15    best interests and the wisest interests.  And I 

16    think that we can get to a higher place.

17                 So, Mr. President, I thank all of 

18    the speakers before me, and I vote yes on this 

19    issue.

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Sanders to be recorded in the affirmative.

22                 Senator Rhoads to explain his vote.

23                 SENATOR RHOADS:   Thank you, 

24    Mr. President.

25                 Again, I want to thank 


                                                               2328

 1    Senator Sanders for bringing forward this 

 2    legislation.  Of course I will be voting aye.

 3                 Just to briefly respond to my 

 4    colleague Senator Harckham's comments.  He's 

 5    quite correct.  The reason that he's correct is 

 6    because there are nine times more diesel and 

 7    gas-powered vehicles in existence than there are 

 8    electric vehicles.  Of course there are going to 

 9    be more diesel and gas fires as a result when you 

10    have a 90 percent advantage.

11                 The simple reality is that by 

12    percentage, the electric vehicles and the damage 

13    that can be caused by an electric vehicle fire is 

14    so much more intense, it can spread so much more 

15    rapidly, and therefore is so much more dangerous, 

16    particularly when we're putting our students on 

17    those buses.  It has to be considered by this 

18    task force.  

19                 And again, Mr. President, I proudly 

20    vote aye for this legislation.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Rhoads to be recorded in the affirmative.

23                 Announce the results.

24                 THE SECRETARY:   Ayes, 61.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               2329

 1    is passed. 

 2                 Senator Gianaris, that completes the 

 3    reading of today's controversial calendar.

 4                 SENATOR GIANARIS:   Going back to 

 5    motions for moment, on behalf of Senator Salazar, 

 6    on page 13 I offer the following amendments to 

 7    Calendar 383, Senate Print 2666, and ask that 

 8    said bill retain its place on the Third Reading 

 9    Calendar.

10                 ACTING PRESIDENT BAILEY:   The 

11    amendments are received, and the bill will retain 

12    its place on the Third Reading Calendar.

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   Let me remind my 

15    Majority colleagues that upon session adjourning, 

16    we will return for a continuation of a lengthy 

17    conference in Room 332.

18                 With that, is there any further 

19    business at the desk?  

20                 ACTING PRESIDENT BAILEY:   Majority 

21    conference in Room 332, a lengthy one.  

22                 And there is no further business at 

23    the desk.

24                 SENATOR GIANARIS:   I move to 

25    adjourn until tomorrow, Tuesday, May 6th, at 


                                                               2330

 1    11:00 a.m.

 2                 ACTING PRESIDENT BAILEY:   On 

 3    motion, the Senate stands adjourned until 

 4    Tuesday, May 6th, at 11:00 a.m. 

 5                 Go New York, Go New York, Go!  

 6                 (Whereupon, at 3:56 p.m., the Senate 

 7    adjourned.)

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25