Regular Session - March 5, 2026

                                                                   1105

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    March 5, 2026

11                     11:37 a.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  LIEUTENANT GOVERNOR ANTONIO DELGADO, President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               1106

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

 2                 THE PRESIDENT:   The Senate will 

 3    come to order.  

 4                 Everyone please rise and recite the 

 5    Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 THE PRESIDENT:   In the absence of 

 9    clergy, please bow your heads in a moment of 

10    silent reflection or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 THE PRESIDENT:   Reading of the 

14    Journal.

15                 THE SECRETARY:   In Senate, 

16    Wednesday, March 4, 2026, the Senate met pursuant 

17    to adjournment.  The Journal of Tuesday, March 3, 

18    2026, was read and approved.  On motion, the 

19    Senate adjourned.

20                 THE PRESIDENT:   Without objection, 

21    the Journal stands approved as read.

22                 Presentation of petitions.

23                 Messages from the Assembly.

24                 The Secretary will read.

25                 THE SECRETARY:   Senator SepĂșlveda 


                                                               1107

 1    moves to discharge, from the Committee on Codes, 

 2    Assembly Bill Number 6338 and substitute it for 

 3    the identical Senate Bill 5041, Third Reading 

 4    Calendar 276.

 5                 Senator Harckham moves to discharge, 

 6    from the Committee on Environmental Conservation, 

 7    Assembly Bill Number 8515A and substitute it for 

 8    the identical Senate Bill 2292B, Third Reading 

 9    Calendar 376.

10                 Senator Salazar moves to discharge, 

11    from the Committee on Women's Issues, 

12    Assembly Bill Number 4591A and substitute it for 

13    the identical Senate Bill 1305A, Third Reading 

14    Calendar 406.

15                 THE PRESIDENT:   So ordered.

16                 Messages from the Governor.

17                 Reports of standing committees.

18                 Reports of select committees.

19                 Communications and reports from 

20    state officers.

21                 Motions and resolutions.

22                 Senator Gianaris.

23                 SENATOR GIANARIS:   Good morning, 

24    Mr. President.

25                 THE PRESIDENT:   Good morning.


                                                               1108

 1                 SENATOR GIANARIS:   At this time I 

 2    move to adopt the Resolution Calendar, with the 

 3    exception of Resolution 1677.

 4                 THE PRESIDENT:   All those in favor 

 5    of adopting the Resolution Calendar, with the 

 6    exception of Resolution 1677, please signify by 

 7    saying aye.

 8                 (Response of "Aye.")

 9                 THE PRESIDENT:   Opposed, nay.

10                 (No response.)

11                 THE PRESIDENT:   The Resolution 

12    Calendar is adopted.

13                 Senator Gianaris.

14                 SENATOR GIANARIS:   We're going to 

15    begin with Resolution 1677, by Senator Cooney.  

16                 Please read its title and recognize 

17    Senator Cooney.

18                 THE PRESIDENT:   The Secretary will 

19    read.

20                 THE SECRETARY:   Resolution 1677, by 

21    Senator Cooney, celebrating Holi, an ancient 

22    Hindu Spring Festival.

23                 THE PRESIDENT:   Senator Cooney on 

24    the resolution.

25                 SENATOR COONEY:   Thank you, 


                                                               1109

 1    Mr. President.

 2                 It's my pleasure to speak in support 

 3    of the resolution recognizing and celebrating 

 4    Holi.  

 5                 Holi, known as the Festival of 

 6    Colors, signals the coming of spring.  It 

 7    celebrates vibrancy, promise, and the possibility 

 8    that the season brings.

 9                 Holi is celebrated worldwide, 

10    including here in New York.  And as many of you 

11    know, our AAPI community is the fastest-growing 

12    population in the state and throughout our 

13    nation, meaning more and more South Asians and 

14    Hindus are choosing New York to call home.  

15                 Today's resolution is about marking 

16    the progress of that growth and celebrating the 

17    love, happiness and freedom that Holi represents 

18    to all those celebrating worldwide.  

19                 It's a holiday that holds special 

20    significance for me.  As an immigrant from 

21    Calcutta, India, Holi is one of the times of year 

22    that makes me feel more connected to my heritage 

23    and to my culture.

24                 I hope that everyone who has 

25    celebrated a joyous, colorful holiday with 


                                                               1110

 1    friends and family -- and with so much negativity 

 2    in our world, celebrations like these are needed 

 3    more than ever, to remember the positive parts of 

 4    our lives and the people that gather around us, 

 5    especially our loved ones.

 6                 Happy Holi, Mr. President.  

 7                 I vote aye.  Thank you.

 8                 Holi hai!

 9                 THE PRESIDENT:   Holi hai!  

10                 The question is on the resolution.  

11    All those in favor please signify by saying aye.

12                 (Response of "Aye.")

13                 THE PRESIDENT:   Opposed, nay.  

14                 (No response.)

15                 THE PRESIDENT:   The resolution is 

16    adopted.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Okay.  At this 

19    time there's a privileged resolution at the desk, 

20    Resolution 1701, by Leader Stewart-Cousins.  

21                 Let's take that up, read its title 

22    only, and recognize Senator Webb to speak on that 

23    resolution, please.

24                 THE PRESIDENT:   There is a 

25    privileged resolution at the desk.  


                                                               1111

 1                 The Secretary will read.

 2                 THE SECRETARY:   Resolution 1701, by 

 3    Senator Stewart-Cousins, memorializing 

 4    Governor Kathy Hochul to proclaim March 2026 as 

 5    Women's History Month in the State of New York, 

 6    honoring the extraordinary innovation, 

 7    resilience, and contributions of women who have 

 8    shaped New York and the nation.

 9                 THE PRESIDENT:   Senator Webb.

10                 SENATOR WEBB:   Thank you, 

11    Mr. President.

12                 It is my great honor to rise today 

13    on behalf of our esteemed Majority Leader, 

14    Senator Andrea Stewart-Cousins, to speak on this 

15    resolution memorializing Governor Hochul to 

16    proclaim March 2026 as Women's History Month in 

17    the State of New York.

18                 This presents us with an opportunity 

19    to be clear -- not just in the month of March, 

20    but every day -- to recognize the invaluable 

21    contributions of women in every aspect of history 

22    and most certainly our present and future.

23                 Women's History Month is a time for 

24    us to reflect on the monumental impact that women 

25    have made to our communities and continue to make 


                                                               1112

 1    not only to our communities, our state, and our 

 2    nation.  It is an opportunity to recognize the 

 3    leadership and determination of the women who 

 4    broke barriers -- often those barriers were glass 

 5    ceilings, and in other cases brick ceilings -- 

 6    and paved the way for future generations, and 

 7    those who work tirelessly every day that may not 

 8    have public or very wide public acclaim, but 

 9    their influence is felt and appreciated 

10    nonetheless.

11                 Mr. President, throughout history 

12    women have expanded opportunities in education, 

13    healthcare, all workplaces, led movements for 

14    justice, and strengthened our families and 

15    communities.  Many of the rights and 

16    opportunities that we benefit from today exist 

17    because women like us in this chamber and in our 

18    communities refused to accept inequality and 

19    instead chose to stand up, advocate, establish 

20    programs, lead policy, start businesses, and so 

21    much more.

22                 Mr. President, as we take up this 

23    resolution today I want to lift up the words of 

24    the civil rights leader and fighter for women's 

25    rights, Coretta Scott King.  I am inspired by her 


                                                               1113

 1    call for freedom and justice.  As she shared, 

 2    "Freedom and justice cannot be parceled out in 

 3    pieces to suit political convenience.  I don't 

 4    believe you can stand for freedom for one 

 5    group and deny it to others."

 6                 These words are very relevant and 

 7    prominent today as we gather our collective 

 8    strength to face new and continued challenges as 

 9    a nation and as a state.  Right here in New York 

10    we stand on the shoulders of extraordinary 

11    trailblazers like Susan B. Anthony and 

12    Elizabeth Cady Stanton, who helped lead the fight 

13    for women's suffrage.  

14                 Trailblazers like Shirley Chisholm, 

15    the first Black woman elected to the 

16    United States Congress and the first Black woman 

17    to seek the nomination for president of the 

18    United States.

19                 Trailblazers like Dr. Hazel Dukes, 

20    former national president and New York State 

21    president of the NAACP.  

22                 Both she and Shirley Chisholm were 

23    members of Delta Sigma Theta Sorority, Inc., 

24    which played a pivotal role in the women's 

25    suffrage movement, making its first action by 


                                                               1114

 1    marching in the 1913 Women's Suffrage Procession 

 2    in Washington, D.C., just months after its 

 3    founding.  

 4                 And we celebrate abolitionists like 

 5    Sojourner Truth, and women of color past and 

 6    present who continued fighting to ensure justice 

 7    and dignity for all women.

 8                 We celebrate trailblazers like 

 9    Ella Baker.  And for those who may not be 

10    familiar with Ella Baker, she was a prominent 

11    civil and human rights leader with SCLC and SNCC, 

12    who fought for social, economic and racial 

13    equality and mentored leaders like Diane Nash, 

14    Stokely Carmichael, Bob Moses and also worked 

15    alongside leaders like W.E.B. Du Bois, 

16    Thurgood Marshall, A. Philip Randolph, and 

17    countless other leaders.  

18                 We also think about leaders like 

19    Ruth Bader Ginsburg, the first Jewish woman to 

20    serve on the U.S. Supreme Court, and 

21    Sonia Sotomayor, a Bronx native -- I know 

22    Bronx Day is coming up next week -- who became 

23    the first Latina and the third woman appointed to 

24    the Supreme Court.

25                 We also have leaders like right here 


                                                               1115

 1    in our state capital, Dr. Dorcey Applyrs, the 

 2    first Black women to ever serve as the mayor of 

 3    the City of Albany, and Sharon Owens, the first 

 4    Black woman to serve as mayor of Syracuse.  

 5                 The courage that these women display 

 6    has transformed our democracy and continues to 

 7    inspire all of us to step forward as leaders.  

 8                 Women's History Month also reminds 

 9    us that history is not only made by those whose 

10    names appear in textbooks, it is made by the 

11    mothers, the teachers, the caregivers, the 

12    entrepreneurs and community leaders who work 

13    every day to build stronger communities across 

14    our state.

15                 I would be remiss if I didn't 

16    mention the amazing women leaders and 

17    trailblazers right here in this chamber.  

18    Mr. President, as a woman serving in this chamber 

19    I was proud to be elected to this body 

20    three years ago as part of our first ever 

21    all-women incoming class, the first in the 

22    history of the New York Senate.  And we have the 

23    great privilege of serving under the leadership 

24    of Majority Leader Andrea Stewart-Cousins, who is 

25    the first Black woman to ever lead the New York 


                                                               1116

 1    State Senate.

 2                 The women of New York are strong and 

 3    ready for this fight.  We will follow in the 

 4    footsteps of the sheroes who paved the way for 

 5    all of us -- working together to meet the 

 6    challenges of not only today, but we are endowed 

 7    with the strength of all the powerful women who 

 8    came before us.  

 9                 Let us celebrate the women who 

10    shaped our past, uplift the women who are leading 

11    today, and continue working toward a future where 

12    every woman and girl has the opportunity to reach 

13    her full potential.

14                 I proudly vote aye, and I encourage 

15    my colleagues to do the same.

16                 Thank you, Mr. President.

17                 THE PRESIDENT:   Thank you, 

18    Senator Webb.

19                 Senator Canzoneri-Fitzpatrick.

20                 SENATOR CANZONERI-FITZPATRICK:  

21    Thank you, Mr. President.

22                 I too want to thank the 

23    Majority Leader for bringing this important 

24    resolution to the floor.  

25                 I think every woman in this chamber 


                                                               1117

 1    is very confident in their abilities.  And if you 

 2    ask any of the Senators here, you would know that 

 3    they feel confident that they take care of their 

 4    families, they can serve as a Senator, and we 

 5    know that we can do the job.  

 6                 And I am so proud that every day I 

 7    have -- I'm an example to my three daughters that 

 8    anything is possible, regardless of where you 

 9    come from.  I've been very blessed by having 

10    parents that never treated me and my two sisters 

11    any differently than my three brothers.  And in 

12    my hometown, we've had the fortune of having 

13    trailblazer mayors like Cathy Hunt, who was the 

14    first woman elected, and Patti McDonald, who is a 

15    dear friend and served for 12 years as mayor.  

16                 So I've been lucky and blessed in my 

17    life that I've been surrounded by women who have 

18    never shied away from achievement or reaching for 

19    the next star.

20                 I think it's important to pause and 

21    think about the women who were examples that 

22    broke the barriers and allowed us to serve in 

23    this chamber.  But I think it's also important 

24    that we think about the next step.  

25                 And while I know that we all speak 


                                                               1118

 1    to our daughters and our sisters about the fact 

 2    that they can do anything, it's incumbent on us 

 3    to make sure our sons know that difference as 

 4    well.  Because they will be the ones that treat a 

 5    woman differently or say that you should not have 

 6    the job simply because you're a woman.  

 7                 So I submit to you that not only are 

 8    we examples to our daughters, but we must be a 

 9    good example to all of our sons to make sure that 

10    they know that we are capable, we are bright, and 

11    we do it with heart and with compassion, and we 

12    should serve in every level of government, every 

13    level of business the same way that men have had 

14    those opportunities.  

15                 Thank you, Mr. President.  I proudly 

16    vote aye.

17                 THE PRESIDENT:   Thank you.

18                 As the father of two boys, that 

19    resonates.  I really appreciate you sharing that.

20                 Now, Senator Comrie.

21                 SENATOR COMRIE:   Thank you, 

22    Mr. President.  

23                 I rise to support the resolution.  I 

24    want to thank our leader for bringing this 

25    forward.  


                                                               1119

 1                 I want to thank all of the women in 

 2    my life, because I would not be here today 

 3    without the leadership, the perseverance, and the 

 4    vision of the women in my life.  

 5                 And I want to start with my woman, 

 6    my wife, that has been putting up with me for 

 7    35 years.  I've known her for 39 years, and I 

 8    don't know why she puts up with me.  I just want 

 9    to thank her publicly for, you know, making sure 

10    that I'm a better person.  

11                 When she first met me, I was wearing 

12    sweatshirts with holes in them and spots on them.  

13                 (Laughter.)

14                 SENATOR COMRIE:   And she's cleaned 

15    me a little bit better.  I'm still not there yet, 

16    in her eyes, but I'm trying to get there.  I'm 

17    trying to get there. 

18                 But with all due respect, you know, 

19    women across our nation are leading in every 

20    sector of society, in every part of democracy.  

21    They are educators shaping the minds of the next 

22    generation, entrepreneurs building economic 

23    opportunity, healthcare professionals protecting 

24    the well-being of our families, and advocates 

25    ensuring that every voice is heard.  


                                                               1120

 1                 Their leadership is not only visible 

 2    in positions of power but in the everyday work of 

 3    building stronger communities and supporting one 

 4    another.

 5                 In my district I have been fortunate 

 6    to witness the impact of women who have dedicated 

 7    their time, talents and expertise to improving 

 8    the lives of others, and for guiding me 

 9    throughout my life.  

10                 Whether throughout community 

11    organizations, faith institutions, small business 

12    or public service, women continue to play a 

13    critical role in advancing opportunity and 

14    creating pathways for future generations.  

15                 Women's History Month is also a time 

16    to acknowledge that progress does not happen by 

17    accident.  The rights and opportunities many 

18    enjoy today were secured through the courage and 

19    determination of women who challenged injustice, 

20    demanded fairness, and worked tirelessly to open 

21    doors that have been long closed.

22                 As we celebrate the achievements of 

23    women throughout history, we must also remain 

24    committed to supporting policies and initiatives 

25    that expand opportunity, strengthen health 


                                                               1121

 1    outcomes, promote economic mobility, and to 

 2    ensure that all women and young women have the 

 3    resources they need to succeed.

 4                 The story of Women's History Month 

 5    is written every day, and many of the women 

 6    shaping that story are right here in our 

 7    communities, right here in our body.

 8                 I've said it in conference, I've 

 9    said it in public:  Andrea Stewart-Cousins is the 

10    strongest leader that I've ever worked with 

11    throughout my time in the state, throughout my 

12    time in the City Council, throughout my time in 

13    the school board, throughout my time in my 

14    Democratic club.  Andrea Stewart-Cousins stands 

15    head above all.  I just want to pay that respect 

16    to her during Women's History Month.  

17                 All the women in this body have been 

18    enlightening, informing, and also contributing 

19    greatly to our society.  But we also have to 

20    remember and realize that there are a lot more 

21    attacks on women.  

22                 Now more than ever, we need to 

23    combat that and utilize our legislative authority 

24    to help with domestic violence, to help with 

25    disrespect of women, to make sure that women get 


                                                               1122

 1    equal pay, to make sure that women get respected 

 2    at a higher level.  Because whatever's going on 

 3    in the world, the numbers are not improving but 

 4    are becoming worse.

 5                 So we need to make sure that we're 

 6    doing everything we can to make sure that the 

 7    extraordinary contributions of women, that their 

 8    ideas, that their passions are respected, 

 9    nurtured and honored.

10                 And finally I just want to say happy 

11    birthday to Shelley Mayer tomorrow -- another 

12    extraordinary woman in our body -- while I take 

13    that moment to give her a happy birthday.

14                 (Applause.)

15                 SENATOR COMRIE:   Thank you for your 

16    indulgence, Mr. President, and thank you for 

17    allowing me to speak.

18                 Thank you.

19                 THE PRESIDENT:   Thank you.  

20                 Senator Fernandez.

21                 SENATOR FERNANDEZ:   Thank you, 

22    Mr. President.  

23                 Thank you, Senator Webb, for that 

24    wonderful speech on Women's History Month.  And 

25    representing the Bronx, you mentioned Bronx Day 


                                                               1123

 1    in Albany.  It's Tuesday, March 10th, so mark 

 2    your calendars.  

 3                 But I am the only woman Senator 

 4    representing the Bronx, so I feel compelled to 

 5    stand here and speak up for the women of the 

 6    Bronx and Westchester.  

 7                 I'm very fortunate that in my 

 8    district there's majority women partners.  In the 

 9    Southeast Bronx of Parkchester and Castle Hill, 

10    Soundview, the entire slate is women from top to 

11    bottom, all levels of government are represented 

12    by women.  And that's the first time ever that's 

13    happened in Bronx history.  

14                 The contributions of women in 

15    New York State are monumental.  And I'm so proud 

16    to say I'm a woman from New York because we 

17    started the women's suffrage movement.  We helped 

18    lead the way to make sure that this country is 

19    recognizing and respecting and protecting women.  

20                 And I ask all of you as we continue 

21    to live this life, make sure you do stand up and 

22    speak up for your friend, your mother, your 

23    sister, your neighbor, your colleague.  Because 

24    we do make a difference.  You know we make that 

25    difference.  But together we can make the 


                                                               1124

 1    ultimate difference.  

 2                 So thank you for this resolution.  

 3    Thank you for New York, for being its great self 

 4    and setting the standard of women in leadership 

 5    and women in the rooms and at the table.  

 6                 And happy Women's History Month!  

 7                 Thank you.

 8                 THE PRESIDENT:   Thank you.  

 9                 Senator Martins.

10                 SENATOR MARTINS:   Thank you, 

11    Mr. President.  

12                 I also rise in support of this 

13    resolution.  I want to thank the sponsor.  

14                 You know, as the father of four 

15    daughters, Mr. President, I know all too well 

16    what it's like to grow up in a household 

17    surrounded by women.  People tell me all the time 

18    that I'm outnumbered, and I remind them that I 

19    was outnumbered when it was just Paula and I.  

20    And I have no illusions about where I stand in 

21    the pecking order.  

22                 For anyone who has had a daughter 

23    and has a daughter or a niece, you know very 

24    quickly that when that daughter turns two or 

25    three, they're running the household.  There's no 


                                                               1125

 1    doubt about it, the strength that they have at a 

 2    young age.  You can't say the same thing about 

 3    your sons.  Well-meaning, they're doing very 

 4    well.  But there's something about women as they 

 5    grow up and become strong, independent women.

 6                 But yes, I want to echo some of the 

 7    sentiments of some of my colleagues that we're 

 8    not there yet.  We're certainly not there yet.  

 9    When we're still talking about, in this chamber, 

10    pay equity and equity in the workplace, when 

11    we're talking about reproductive rights and the 

12    rights of women to have and enjoy all of the same 

13    rights that we expect from anyone in society -- 

14    folks, we're not there.  

15                 But as the Reverend Martin Luther 

16    King said, the arc of justice bends towards the 

17    future, but it bends towards justice.  And we 

18    expect that it's going to actually get there 

19    eventually if we continue to work in the same 

20    place.  

21                 I am heartened by the sentiment in 

22    this room and by all of the consensus we have 

23    here.  Let's make that consensus policy as we 

24    move forward.

25                 To Senator Mayer, happy birthday.  


                                                               1126

 1    And to all of our colleagues here, something to 

 2    celebrate this year.  This month, wonderful that 

 3    we have a month.  But let's remember it 

 4    throughout the year as we go forward and set 

 5    policy and prioritize the equity that we all talk 

 6    to -- workplace, pay equity, protecting women 

 7    from domestic violence, all of those policies 

 8    that should be front of mind as we go forward and 

 9    do the good work we do here in this chamber.

10                 Thank you, Mr. President.

11                 THE PRESIDENT:   Thank you.  

12                 Senator Krueger.

13                 SENATOR KRUEGER:   Thank you very 

14    much.  I want to thank the sponsor of this 

15    resolution.  

16                 And I have to say I think I've been 

17    standing up for the 24 years I've been here, 

18    reminding everyone that whenever we do 

19    resolutions in honor of Women's Month or 

20    something specific for women, I personally 

21    believe every day is Women's Day.  We deserve 

22    equal rights and respect every day, 365 days a 

23    year.  And I think we are moving closer and 

24    closer to that.  

25                 But I must remind everyone when the 


                                                               1127

 1    president of the United States took office not 

 2    that long ago, one of the first acts he did was 

 3    require that the word "women" be struck from all 

 4    federal websites.  Women, the word "women" be 

 5    struck from federal websites.  

 6                 There are a bunch of other words he 

 7    also required be struck, but since we're talking 

 8    about women today ...  

 9                 So have no illusions, we aren't 

10    there yet.  

11                 And on behalf of Leroy's wife, who I 

12    have not had the privilege to meet, it made me 

13    realize I wanted to stand up and say, as a woman 

14    who's also been married 36 years -- and many of 

15    us have, raise your hands -- you men are a pain 

16    in the ass.  

17                 (Laughter.)

18                 SENATOR KRUEGER:   So it's wonderful 

19    that there are so many of us who will put up with 

20    you that long.  

21                 So I just thought I'd share 

22    publicly.  Thank you so much.

23                 THE PRESIDENT:   Thank you.

24                 Senator Bailey.

25                 SENATOR BAILEY:   Wow.  


                                                               1128

 1                 (Laughter.)

 2                 SENATOR BAILEY:   Timing is 

 3    certainly something that women possess.  They 

 4    possess the ability to give life.  Which is -- 

 5    sometimes I don't know if we understand the 

 6    actual gravity of what that means.  I don't think 

 7    that anyone in this room would be here if not for 

 8    a woman.  I don't think that we understand the 

 9    depths of that statement.  

10                 So to the women in this room, thank 

11    you for doing things that we can't do as men, 

12    many things that we can't do as men.  But for 

13    giving and preserving life -- life as we know it 

14    and life as we need it to be.

15                 Esteemed hip-hop artist Nasir Jones 

16    said in his song "Daughters":  "For my brothers 

17    with daughters, I call this.  Not saying that our 

18    sons are less important."  

19                 I started out my career as a 

20    father -- the best job I'll ever have -- with two 

21    daughters, Giada and Carina.  And they run the 

22    show, Mr. President.  Not only do they run the 

23    show, they have shown me what life -- coming back 

24    to life, what life actually means.  And if not 

25    for my amazing wife Giamara, we don't get to have 


                                                               1129

 1    two daughters.  

 2                 Now, me and my son Julian, you know, 

 3    it's a three-on-two fast break every day.  We're 

 4    losing every time.  We know our role in the 

 5    house.  Sometimes it's four on one, frankly, 

 6    when, you know, they -- you know.  

 7                 But I am eternally grateful and 

 8    honored to be a girl dad.  And I know, fellas, 

 9    sometimes you try to take me out of the girl dad 

10    club because I have a son.  It doesn't work like 

11    that.  I'm girl dad emeritus.  

12                 But I don't think that we truly 

13    understand the gravity of what women do and what 

14    they mean to our society until we don't have them 

15    around.

16                 Senator Fernandez mentioned 

17    correctly that she's the only female Senator from 

18    the Bronx.  But outside of the building I wear a 

19    different hat as the chair of the Bronx party, 

20    being mindful of my nomenclature on the floor of 

21    the Senate.  And we have helped more women 

22    advance to the judiciary than ever before.  And 

23    this is making sure that women belong every and 

24    anywhere that a man belongs.  

25                 So to Senator Webb, thank you for 


                                                               1130

 1    this resolution.  Thank you for your leadership 

 2    on the Women's Issues Committee.  Happy Birthday 

 3    to Shelley Mayer.  You've got to make sure you 

 4    shout out Shelley.  

 5                 But I'll end with this, 

 6    Mr. President.  My birthday is August 26th -- and 

 7    I'm not saying this because I want anything from 

 8    you.  But I am telling you that I was born on 

 9    Women's Equality Day.  And so it is my job to 

10    make sure that my birthday -- even though I don't 

11    get a cake --

12                 SENATOR PERSAUD:   Oh, Lord.

13                 (Laughter.)

14                 SENATOR BAILEY:   Roxie, you can 

15    give me a cake.

16                 (Laughter.)

17                 SENATOR BAILEY:   Even though I 

18    don't get a cake, that we make sure that we cut a 

19    cake in celebration for everything that women do, 

20    that they've done, and that they will do.  May 

21    you continue to be strong and blessed and 

22    incredible.  

23                 Happy Women's History Month.

24                 THE PRESIDENT:   Thank you, 

25    Senator Bailey.


                                                               1131

 1                 Senator Liu.

 2                 SENATOR LIU:   Thank you, 

 3    Mr. President.

 4                 I want to thank Senator Lea Webb for 

 5    this resolution.  

 6                 Happy Birthday, Shelly.  

 7                 And bless you, Marcia Comrie.  

 8                 Thank you.  

 9                 (Laughter.)

10                 THE PRESIDENT:   Senator Chan.

11                 SENATOR CHAN:   Thank you, 

12    Mr. President.

13                 I rise to give thanks to our 

14    Senator Webb for this resolution.  

15                 And I just want to bring a little 

16    ordinary life into the Senate floor.  I want to 

17    give a special shout-out to my wife and my two 

18    daughters.  I am a girl dad.  

19                 I may be a Senator here; in the 

20    police department in the past I might have been a 

21    supervisor and told men and women what to do.  

22    But I just want to let everybody know that at 

23    home, I'm just the guy that takes out the garbage 

24    and fixes the leaky faucets.

25                 (Laughter.)


                                                               1132

 1                 SENATOR CHAN:   And to my daughters, 

 2    I'm just the guy that works their bake sales in 

 3    school and drives them to school every day.

 4                 And, you know, my district is full 

 5    of women, Asians, Chinese from China.  And I want 

 6    to give them special acknowledgment because many 

 7    of them have endured many decades of the 

 8    repression of the China government, who they were 

 9    forced to have abortions, they were told that 

10    they can't be moms, and they suffered this 

11    repression.  And I want to acknowledge them for 

12    making a sacrifice so overwhelming.

13                 So I absolutely support this 

14    resolution and I encourage my colleagues to do 

15    the same.  

16                 Thank you very much.

17                 THE PRESIDENT:   Thank you.

18                 Senator Mattera.

19                 SENATOR MATTERA:   Thank you, 

20    Mr. President.  

21                 You know, I just want to thank 

22    Majority Leader Stewart-Cousins and Senator Webb 

23    for this very, very important Women's Month.  

24    It's just so important to me.  

25                 You know, I'd just like to first, 


                                                               1133

 1    you know, thank my mother, which I have to thank 

 2    somebody that is just so important in my life.  

 3    My mom, she's down -- yes, she's down in Naples, 

 4    Florida.  But I always say this.  I look like my 

 5    father, may he rest in peace, but I am my mother.  

 6                 Yes, she's a Leo like myself.  We're 

 7    very, very strong.  And she's definitely wisdom 

 8    to me over the years.  

 9                 And I love women in politics.  I 

10    think it's very, very important.  And I want to 

11    thank all the women that are in this great 

12    chamber for all your hard work.

13                 To my beautiful sister Mary, that is 

14    a single mom, and what she has done, what she has 

15    accomplished in life.  She's an amazing woman.  

16    What she has done to raise my nephew.  And she's 

17    a business -- she's a businesswoman.  She is a 

18    tough woman, boy.  Beautiful, tough, stands up 

19    for herself.  And I really don't even -- she's on 

20    steroids compared to me, my sister Mary.  

21                 My beautiful daughters.  Like with 

22    Senator Martins, we have -- we have it tough.  We 

23    have, you know, the daughters, and they have 

24    their little clique.  My beautiful wife Terry and 

25    the girls.  Even my dogs are female, my golden 


                                                               1134

 1    retrievers.  

 2                 (Laughter.)

 3                 SENATOR MATTERA:   But all I can say 

 4    is this.  My daughters are doing unbelievable, 

 5    because they're a product of our environment.  

 6    And I'm very, very proud of them, what direction 

 7    they're taking right now in their lives.  Yes, I 

 8    do say my daughter Jessica, she's 27, maybe she's 

 9    going on 18.  And my daughter Jayme, 23, I'll 

10    say, you know, 16.  

11                 But you know what, they're amazing.  

12    They're amazing young women.  Respectful.  And 

13    I'm so proud of that.  

14                 And to my beautiful wife Terry, my 

15    worst critic.  Every time I get up and speak, 

16    even at home, she's like this (gesturing at 

17    throat), she cuts me off.  But I've got to tell 

18    you, somebody that went through something in life 

19    with a medical situation, she -- she kept on 

20    strong.  It's amazing.  Yeah, women give birth, 

21    we know that men can't.  But she can do 

22    everything possible.  

23                 But I'm going to tell you, she's 

24    just an amazing person.  At home, when I'm not 

25    home, she holds down the fort.  She's at 


                                                               1135

 1    Enterprise Car Rental for 33 years, she's 

 2    operations manager, facilities manager, opens up 

 3    every office.  Dealing with construction workers, 

 4    and straightens them right out.  Because you 

 5    know, why?  Because she's tough.  She's tough and 

 6    she knows when she's right.  And she doesn't put 

 7    up with anything.  

 8                 So I am just so proud of this -- 

 9    this bill, and I am so proud, Mr. President, to 

10    be voting yes.  

11                 Thank you.

12                 THE PRESIDENT:   Thank you.

13                 The question is on the resolution.  

14                 All those in favor please signify by 

15    saying aye.

16                 (Response of "Aye.")

17                 THE PRESIDENT:   Opposed, nay.

18                 (No response.)

19                 THE PRESIDENT:   The resolution is 

20    adopted.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Mr. President, 

23    the sponsors of today's resolutions would like to 

24    open them up for cosponsorship.

25                 THE PRESIDENT:   The resolutions are 


                                                               1136

 1    open for cosponsorship.  Should you choose not to 

 2    be a cosponsor, please notify the desk.

 3                 Senator Gianaris.

 4                 SENATOR GIANARIS:   Please take up 

 5    the reading of the calendar.

 6                 THE PRESIDENT:   The Secretary will 

 7    read.

 8                 THE SECRETARY:   Calendar Number 

 9    155, Senate Print 8830, by Senator Cleare, an act 

10    to amend the General Business Law.

11                 THE PRESIDENT:   Read the last 

12    section.

13                 THE SECRETARY:   Section 3.  This 

14    act shall take effect immediately.

15                 THE PRESIDENT:   Call the roll.

16                 (The Secretary called the roll.)

17                 THE PRESIDENT:   Announce the 

18    results.

19                 THE SECRETARY:   In relation to 

20    Calendar 155, voting in the negative are 

21    Senators Borrello, Lanza, Oberacker, Ortt, Stec 

22    and Walczyk.  Also Senator O'Mara.  

23                 (Pause.)

24                 THE SECRETARY:   So in relation to 

25    Calendar 155, voting in the negative are 


                                                               1137

 1    Senators Borrello, Lanza, Mattera, Oberacker, 

 2    O'Mara, Ortt, Stec and Walczyk.  

 3                 Ayes, 50.  Nays, 8.

 4                 THE PRESIDENT:   The bill is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    162, Senate Print 3569, by Senator Cleare, an act 

 7    to amend the Public Housing Law.

 8                 THE PRESIDENT:   Read the last 

 9    section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 THE PRESIDENT:   Call the roll.  

13                 (The Secretary called the roll.)

14                 THE PRESIDENT:   Announce the 

15    results.

16                 THE SECRETARY:   In relation to 

17    Calendar 162, voting in the negative are 

18    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

19    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

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

21    Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber 

22    and Weik.

23                 Ayes, 37.  Nays, 21.

24                 THE PRESIDENT:   The bill is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               1138

 1    177, Senate Print 3665, by Senator Hinchey, an 

 2    act to amend the Real Property Tax Law.

 3                 THE PRESIDENT:   Read the last 

 4    section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect one year after it shall 

 7    have become a law.

 8                 THE PRESIDENT:   Call the roll.  

 9                 (The Secretary called the roll.)

10                 THE PRESIDENT:   Announce the 

11    results.

12                 THE SECRETARY:   Ayes, 58.

13                 THE PRESIDENT:   The bill is passed.

14                 THE SECRETARY:   Calendar Number 

15    214, Senate Print 1783B, by Senator Hinchey, an 

16    act to amend the Agriculture and Markets Law.

17                 SENATOR LANZA:   Lay it aside.

18                 THE PRESIDENT:   Lay it aside.

19                 THE SECRETARY:   Calendar Number 

20    246, Senate Print 2261, by Senator Cooney, an act 

21    to amend the Vehicle and Traffic Law.

22                 THE PRESIDENT:   Read the last 

23    section.

24                 THE SECRETARY:   Section 3.  This 

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


                                                               1139

 1    shall have become a law.

 2                 THE PRESIDENT:   Call the roll.

 3                 (The Secretary called the roll.)

 4                 THE PRESIDENT:   Announce the 

 5    results.

 6                 THE SECRETARY:   Ayes, 58.

 7                 THE PRESIDENT:   The bill is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    256, Senate Print 678A, by Senator Martinez, an 

10    act to amend the Environmental Conservation Law.

11                 THE PRESIDENT:   Read the last 

12    section.

13                 THE SECRETARY:   Section 2.  This 

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

15    shall have become a law.

16                 THE PRESIDENT:   Call the roll.

17                 (The Secretary called the roll.)

18                 THE PRESIDENT:   Announce the 

19    results.

20                 THE SECRETARY:   Ayes, 58.

21                 THE PRESIDENT:   The bill is passed.

22                 THE SECRETARY:   Calendar Number 

23    268, Senate Print 115A, by Senator Cleare, an act 

24    to amend the Arts and Cultural Affairs Law.

25                 THE PRESIDENT:   Read the last 


                                                               1140

 1    section.

 2                 THE SECRETARY:   Section 5.  This 

 3    act shall take effect immediately.

 4                 THE PRESIDENT:   Call the roll.  

 5                 (The Secretary called the roll.)

 6                 THE PRESIDENT:   Announce the 

 7    results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 268, voting in the negative are 

10    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

11    Chan, Gallivan, Griffo, Helming, Lanza, Murray, 

12    Oberacker, O'Mara, Ortt, Rhoads, Stec, Tedisco, 

13    Walczyk and Weik.

14                 Ayes, 41.  Nays, 17.

15                 THE PRESIDENT:   The bill is passed.

16                 THE SECRETARY:   Calendar Number 

17    276, Assembly Bill 6338, by Assemblymember 

18    Walker, an act to amend the Executive Law.

19                 THE PRESIDENT:   Read the last 

20    section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.

23                 THE PRESIDENT:   Call the roll.

24                 (The Secretary called the roll.)

25                 THE PRESIDENT:   Announce the 


                                                               1141

 1    results.

 2                 THE SECRETARY:   Ayes, 58.

 3                 THE PRESIDENT:   The bill is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    279, Senate Print 29, by Senator Harckham, an act 

 6    to amend the Public Health Law.

 7                 THE PRESIDENT:   Read the last 

 8    section.

 9                 THE SECRETARY:   Section 2.  This 

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

11    shall have become a law.

12                 THE PRESIDENT:   Call the roll.

13                 (The Secretary called the roll.)

14                 THE PRESIDENT:   Announce the 

15    results.

16                 THE SECRETARY:   Ayes, 58.

17                 THE PRESIDENT:   The bill is passed.

18                 THE SECRETARY:   Calendar Number 

19    295, Senate Print 51, by Senator Comrie, an act 

20    to amend the Vehicle and Traffic Law.

21                 THE PRESIDENT:   Read the last 

22    section.

23                 THE SECRETARY:   Section 4.  This 

24    act shall take effect immediately.  

25                 THE PRESIDENT:   Call the roll.


                                                               1142

 1                 (The Secretary called the roll.)

 2                 THE PRESIDENT:   Announce the 

 3    results.

 4                 THE SECRETARY:   Ayes, 58.

 5                 THE PRESIDENT:   The bill is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    303, Senate Print 1225, by Senator Rivera, an act 

 8    to amend the Social Services Law.

 9                 THE PRESIDENT:   Read the last 

10    section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect immediately.

13                 THE PRESIDENT:   Call the roll.

14                 (The Secretary called the roll.)

15                 THE PRESIDENT:   Announce the 

16    results.

17                 THE SECRETARY:   Ayes, 58.

18                 THE PRESIDENT:   The bill is passed.

19                 THE SECRETARY:   Calendar Number 

20    322, Senate Print 2555, by Senator Comrie, an act 

21    to amend the Public Authorities Law.

22                 THE PRESIDENT:   Read the last 

23    section.

24                 THE SECRETARY:   Section 3.  This 

25    act shall take effect immediately.


                                                               1143

 1                 THE PRESIDENT:   Call the roll.

 2                 (The Secretary called the roll.)

 3                 THE PRESIDENT:   Announce the 

 4    results.

 5                 THE SECRETARY:   Ayes, 58.

 6                 THE PRESIDENT:   The bill is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    367, Senate Print 1285A, by Senator Persaud, an 

 9    act to amend the Criminal Procedure Law.

10                 THE PRESIDENT:   Read the last 

11    section.

12                 THE SECRETARY:   Section 3.  This 

13    act shall take effect on the 120th day after it 

14    shall have become a law.

15                 THE PRESIDENT:   Call the roll.

16                 (The Secretary called the roll.)

17                 THE PRESIDENT:   Announce the 

18    results.

19                 THE SECRETARY:   Ayes, 58.

20                 THE PRESIDENT:   The bill is passed.

21                 THE SECRETARY:   Calendar Number 

22    376, Assembly Bill Number 8515A, by 

23    Assemblymember Kassay, an act to amend the 

24    Environmental Conservation Law.

25                 THE PRESIDENT:   Read the last 


                                                               1144

 1    section.

 2                 THE SECRETARY:   Section 6.  This 

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

 4    shall have become a law.

 5                 THE PRESIDENT:   Call the roll.

 6                 (The Secretary called the roll.)

 7                 THE PRESIDENT:   Announce the 

 8    results.

 9                 THE SECRETARY:   Ayes, 58.

10                 THE PRESIDENT:   The bill is passed.

11                 THE SECRETARY:   Calendar Number 

12    406, Senate Print 4591A, by Senator Jackson, an 

13    act to amend the Public Health Law.

14                 THE PRESIDENT:   Read the last 

15    section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect on the first of January.

18                 THE PRESIDENT:   Call the roll.

19                 (The Secretary called the roll.)

20                 THE PRESIDENT:   Announce the 

21    results.

22                 THE SECRETARY:   Ayes, 58.

23                 THE PRESIDENT:   The bill is passed.

24                 THE SECRETARY:   Calendar Number 

25    428, Senate Print 933, by Senator Gonzalez, an 


                                                               1145

 1    act to amend the State Technology Law.

 2                 THE PRESIDENT:   Read the last 

 3    section.

 4                 THE SECRETARY:   Section 5.  This 

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

 6    shall have become a law.

 7                 THE PRESIDENT:   Call the roll.

 8                 (The Secretary called the roll.)

 9                 THE PRESIDENT:   Announce the 

10    results.

11                 THE SECRETARY:   Ayes, 58.

12                 THE PRESIDENT:   The bill is passed.

13                 Senator Gianaris, that completes the 

14    reading of today's calendar.

15                 SENATOR GIANARIS:   Let's move on to 

16    the controversial calendar now.

17                 THE PRESIDENT:   The Secretary will 

18    ring the bell.

19                 The Secretary will read.

20                 THE SECRETARY:   Calendar Number 

21    214, Senate Print 1783B, by Senator Hinchey, an 

22    act to amend the Agriculture and Markets Law.

23                 THE PRESIDENT:   Senator Borrello, 

24    why do you rise?  

25                 SENATOR BORRELLO:   Mr. President, 


                                                               1146

 1    in the spirit of Women's History Month, would the 

 2    sponsor yield for questions?  

 3                 THE PRESIDENT:   Does the sponsor 

 4    yield?

 5                 SENATOR HINCHEY:   I will yield, 

 6    Mr. President.

 7                 THE PRESIDENT:   The sponsor yields.

 8                 SENATOR BORRELLO:   Thank you, 

 9    Mr. President.  Through you, Mr. President.

10                 So can you please explain to me, in 

11    subdivision 13, what is the purpose of this 

12    particular language?  "The fiscal impact of being 

13    compliant with any governmental, regulatory or 

14    environmental requirement shall not be borne by 

15    liquefied petroleum gas consumers and shall not 

16    be added to the bills rendered by a company 

17    selling liquefied petroleum gas, provided, 

18    however, that the subdivision shall not limit the 

19    per-gallon price charged by sellers or prohibit 

20    collection of any tax allowable under state law."

21                 SENATOR HINCHEY:   Through you, 

22    Mr. President.  Thank you, Senator Borrello, for 

23    the question.

24                 Taking a step back on this bill, the 

25    whole bill is to help drive down costs for 


                                                               1147

 1    consumers and for our constituents.  

 2                 We hear a lot about affordability 

 3    when we're out in our communities.  This bill 

 4    actually came when I was knocking on doors in my 

 5    communities, checking on my constituents, and 

 6    they had complained very clearly about a number 

 7    of fees that were being put upon them by their 

 8    petroleum company that were, quite frankly, 

 9    inappropriate for our customers -- for their 

10    customers and for our constituents.  

11                 And so this is actually lowering 

12    costs for them and for customers.  And for that 

13    subdivision C, it's really compliance costs.  

14                 Fossil fuels -- as you know and as 

15    we've talked a lot about in this chamber, but as 

16    we know from science -- have driven up costs for 

17    everyone who lives in our communities.  Fossil 

18    fuel companies are creating lots of damage.  And 

19    so these are compliance costs that should be 

20    borne by the company, not by the -- our 

21    constituents and consumers themselves.

22                 SENATOR BORRELLO:   Mr. President, 

23    will the sponsor continue to yield.

24                 THE PRESIDENT:   Does the sponsor 

25    yield?  


                                                               1148

 1                 SENATOR HINCHEY:   I do.

 2                 THE PRESIDENT:   The sponsor yields.

 3                 SENATOR BORRELLO:   Well, it says 

 4    governmental and regulatory or environmental 

 5    requirements.  But isn't this really essentially 

 6    a tax, and we don't want them to tell the 

 7    consumers that they're paying a tax to the 

 8    government which is actually added to the costs 

 9    that we're trying to drive down?

10                 (Pause.)

11                 SENATOR HINCHEY:   Through you, 

12    Mr. President.  To clarify, taxes are still able 

13    to be passed on.  These are regulatory fees.

14                 SENATOR BORRELLO:   Mr. President, 

15    will the sponsor continue to yield.

16                 THE PRESIDENT:   Does the sponsor 

17    yield?  

18                 SENATOR HINCHEY:   I do.

19                 THE PRESIDENT:   The sponsor yields.

20                 SENATOR BORRELLO:   Well, I mean, 

21    where I come from -- because I've also spoken to 

22    my constituents, many of which use, you know, 

23    propane as well as other bottled gases.  But, you 

24    know, I mean, a fee is a tax, right?  The 

25    government is imposing it.  


                                                               1149

 1                 So you can call it what you want, 

 2    but at the end of the day we're telling them that 

 3    this is a fee being charged by the government 

 4    which is going to actually increase the cost of 

 5    propane, is it not?

 6                 (Pause.)

 7                 SENATOR HINCHEY:   Through you, 

 8    Mr. President.  The bill says that these cannot 

 9    be passed on to the customer.  So no matter what 

10    happens, this bill is actually keeping rates 

11    lower for our constituents.

12                 SENATOR BORRELLO:   Mr. President, 

13    will the sponsor continue to yield?  

14                 THE PRESIDENT:   Does the sponsor 

15    yield? 

16                 SENATOR HINCHEY:   I do.

17                 THE PRESIDENT:   The sponsor yields.

18                 SENATOR BORRELLO:   So, you know, 

19    this bill is about transparency, right?  So 

20    therefore, in the spirit of transparency, would 

21    these companies be allowed to line-item the costs 

22    of complying with the CLCPA and these other 

23    requirements on the bill, so people understand 

24    clearly how much is going to the gas company and 

25    how much is actually going to the government?  


                                                               1150

 1                 (Pause.)

 2                 SENATOR HINCHEY:   Through you, 

 3    Mr. President.  Twofold.  One, these would not be 

 4    borne by the consumer and by their customers, so 

 5    I'm confused as to why we would be lining that 

 6    out on the consumer's bill.

 7                 But in practice today, these 

 8    companies are driving up costs based on their 

 9    being fossil fuel companies and by the challenges 

10    that they've had generally to our environment.  

11    Those are not being lined out today either.  

12                 But again, this is for what 

13    customers would pay.  This has nothing to do 

14    with -- this is not passing on costs to them at 

15    all.

16                 SENATOR BORRELLO:   Mr. President, 

17    will the sponsor continue to yield.

18                 THE PRESIDENT:   Does the sponsor 

19    yield?

20                 SENATOR HINCHEY:   I do.

21                 THE PRESIDENT:   The sponsor yields.

22                 SENATOR BORRELLO:   So obviously 

23    they have the right to raise their price.  So if 

24    they want to raise the price to compensate for 

25    that, are you suggesting some kind of price 


                                                               1151

 1    control?  

 2                 How are you going to prevent them 

 3    from increasing the price of that product so as 

 4    to not offset those additional government costs 

 5    and taxes that are being I guess burdened on the 

 6    company?  

 7                 SENATOR HINCHEY:   Through you, 

 8    Mr. President.  We don't believe that the 

 9    customers and our constituents should have to pay 

10    the cost that fossil fuel companies have already 

11    done to our planet and continue to do.  

12                 These companies may be able to find 

13    other ways to offset some of their costs.  That 

14    is something that I know our businesses are 

15    looking to do all the time.  But this is -- I 

16    don't believe that they should -- our customers 

17    and our -- their customers and our constituents 

18    should be paying that cost.

19                 SENATOR BORRELLO:   Mr. President, 

20    will the sponsor continue to yield.

21                 THE PRESIDENT:   Does the sponsor 

22    yield?

23                 SENATOR HINCHEY:   I do.

24                 THE PRESIDENT:   The sponsor yields.  

25                 SENATOR BORRELLO:   Well, there's a 


                                                               1152

 1    lot of costs that I think all of us would wish we 

 2    weren't going to have to pay.  I don't like 

 3    paying tolls when I have to drive on the road 

 4    that was supposed to be paid for 50 years ago.  

 5    But these things happen, right, because the 

 6    government really never lives up to these 

 7    commitments.  

 8                 So with that being said, I don't 

 9    understand how we're going to prevent them from 

10    passing that cost along.  And is there going to 

11    be some kind of an audit?  Are we going to put in 

12    price controls, like I said before?  

13                 I mean, keep in mind that when the 

14    government imposes a tax or a fee, all the 

15    companies will be paying it.  Therefore, 

16    essentially there's no competition.  Right?  

17    They're going to have to pay more -- everybody's 

18    going to have to pay more.  Therefore, they can 

19    all raise their prices to offset that.  

20                 I'm not sure how we will control 

21    that cost from being passed on to consumers.  

22    Unless we're going to institute price controls.

23                 SENATOR HINCHEY:   Through you, 

24    Mr. President, Ag and Markets is responsible for 

25    implementing this, and so they will be working 


                                                               1153

 1    with the companies to determine the execution.  

 2                 SENATOR BORRELLO:   Last question, 

 3    Mr. President, through you, if the sponsor would 

 4    yield.

 5                 THE PRESIDENT:   Does the sponsor 

 6    yield?

 7                 SENATOR HINCHEY:   I do.

 8                 THE PRESIDENT:   The sponsor yields.  

 9                 SENATOR BORRELLO:   Would this 

10    legislation, then, enable price controls as one 

11    way to try to control that cost?

12                 SENATOR HINCHEY:   Through you, 

13    Mr. President, this does not regulate commodity 

14    prices in any way.

15                 SENATOR BORRELLO:   Mr. President, 

16    on the bill.  

17                 THE PRESIDENT:   Senator Borrello on 

18    the bill.

19                 SENATOR BORRELLO:   Thank you.

20                 Thank you, Senator Hinchey.

21                 So look, folks, we're hearing time 

22    after time after time that nothing that we're 

23    doing here is actually going to increase the cost 

24    of energy to our consumers.  None of the CLCPA, 

25    none of the mandates, none of the additional 


                                                               1154

 1    taxes.  Don't worry, folks, it's not going to 

 2    raise your bill.

 3                 But then every New Yorker opens 

 4    their bills and they're seeing higher prices -- 

 5    for everything.  Electricity, gas, propane, you 

 6    name it, prices are going up.  Coincidentally, in 

 7    the same time that we passed the CLCPA.  And we 

 8    told people this wasn't going to impact your 

 9    bill.  

10                 So what you're basically saying is 

11    don't believe your eyes, folks, believe us.  

12    We're not going to raise your costs.  There's 

13    something else that's happening.  Just 

14    coincidental it happened to be at the same time 

15    as the CLCPA and trying to implement this very, 

16    very costly, I guess game-changing tax and -- tax 

17    and spend.  

18                 I know you want to call it 

19    cap-and-invest.  It's not cap-and-invest, it's 

20    cap and tax.  Because at the end of the day we 

21    all pay that.  We all pay the cost of this 

22    really, I guess, nonsensical climate bill that in 

23    the end is driving more businesses and people out 

24    of New York State.  

25                 But when it comes to propane in 


                                                               1155

 1    particular, these are people that have no other 

 2    choice.  They don't have natural gas 

 3    infrastructure nearby, typically why you have 

 4    propane.  In some cases they live in remote areas 

 5    where it's difficult -- sometimes impossible -- 

 6    to deliver that propane.  Only at certain times 

 7    of the year, so they have to make sure that they 

 8    buy a large quantity of it, a big tank.  

 9                 And we're telling people that we're 

10    going to just tell those companies, Don't pass 

11    the cost along, even though we're burdening every 

12    single company with the same tax, the same 

13    compliance cost, and we're expecting they're just 

14    going to absorb it.  That they're going to 

15    continue to deliver a service and make sure that 

16    the government is getting the biggest piece of 

17    the pie.  

18                 Because that's what this is really 

19    all about.  This is about government being the 

20    biggest profiteer in the energy game, with taxes 

21    like this.  

22                 Now, you can make all the arguments 

23    you want, but people are smart here in New York 

24    State.  They're opening their electric bills, 

25    they're opening their gas bills, they're looking 


                                                               1156

 1    at what it's costing them to just get to work for 

 2    the day or keep their house warm.  

 3                 And some people, like the very poor 

 4    people that live in districts like I represent, 

 5    are choosing between food and medicine and 

 6    keeping the lights on.  And we've done nothing 

 7    here to make sure that doesn't happen, except 

 8    saying, Don't worry, folks, we're saving the 

 9    planet here, you're going to have to help pick up 

10    the tab.  

11                 So I'll be voting no on this.

12                 Thank you.

13                 THE PRESIDENT:   Senator Helming, 

14    why do you rise?

15                 SENATOR MARTINS:   Mr. President, on 

16    the bill.

17                 SENATOR HELMING:   Senator Helming, 

18    did you say?  

19                 THE PRESIDENT:   Yes.

20                 SENATOR HELMING:   Thank you.  

21                 Mr. President, if the sponsor will 

22    yield for a quick question.

23                 THE PRESIDENT:   Does the sponsor 

24    yield?

25                 SENATOR HINCHEY:   I do.


                                                               1157

 1                 THE PRESIDENT:   The sponsor yields.  

 2                 SENATOR HELMING:   Senator Hinchey, 

 3    is there anything in this bill language that 

 4    would limit how much New York State government 

 5    can pass on to these small businesses?  Taxes, 

 6    fees, mandated costs, et cetera.  

 7                 SENATOR HINCHEY:   Through you, 

 8    Mr. President.  This bill is very simple in being 

 9    transparent and limiting the fees that these 

10    companies can pass on to customers.  That's the 

11    extent of this bill.

12                 SENATOR HELMING:   Thank you, 

13    Mr. President.  So on the bill.

14                 I'm a propane customer.  I have been 

15    a long time, probably more than 25 years.  I live 

16    in the country.  It's the only option I have to 

17    heat my home.  I support more transparency in 

18    billing, whether it's with propane companies or 

19    any other company.  

20                 But I think what is wrong with this 

21    bill in particular is that the government is 

22    saying to these small businesses that so many of 

23    us rely on to be able to live in our homes:  We 

24    can charge you whatever the heck we want in new 

25    costs and fees and mandates, but you cannot pass 


                                                               1158

 1    that on to your consumers.  

 2                 How do these small businesses exist?  

 3    Are we saying we don't want small businesses to 

 4    be able to make money?  

 5                 Look, I don't want any new costs, I 

 6    don't want any new fees.  But to me, what I want 

 7    is New York State to stop jamming through all 

 8    these costly mandates that time after time and 

 9    report after report shows that are jacking up our 

10    costs to heat our homes, to fill our tanks at the 

11    gas pumps.  

12                 Mr. President, I will be voting no 

13    on this legislation.

14                 THE PRESIDENT:   Senator Martins, 

15    why do you rise?

16                 SENATOR MARTINS:   Thank you, 

17    Mr. President.  On the bill.

18                 THE PRESIDENT:   Senator Martins on 

19    the bill.

20                 SENATOR MARTINS:   You know, a great 

21    American statesman once said that taxes on 

22    corporations are just a sneaky way for 

23    politicians to hide costs.  

24                 Corporations don't pay taxes, 

25    Mr. President, people pay taxes.  And so when you 


                                                               1159

 1    have a company like a company that sells propane, 

 2    they sell propane.  And if you add additional 

 3    costs to that company, they have to increase the 

 4    cost of the propane in order to actually pay 

 5    those costs.  

 6                 When policies are passed in this 

 7    chamber that make those costs higher, the only 

 8    thing they can do to pay those costs, 

 9    Mr. President, is to increase the cost of their 

10    product -- in this case, propane and what people 

11    use to heat their homes across this state.

12                 So it's a simple equation.  Unless 

13    by some miracle the laws of economics don't work 

14    in New York, Mr. President -- or maybe not in 

15    this chamber, where we can just say they're not 

16    going to pass it on to their customers.  But 

17    that's not the way it works in the real world.

18                 When policies are passed in this 

19    chamber and those policies lead to increased 

20    costs, be it propane or any other product, it 

21    gets passed on to our constituents.  And we've 

22    all heard from our constituents that the cost of 

23    energy, heating their homes, electricity across 

24    the board is spiking and they are -- they're 

25    finding it hard to pay those costs.


                                                               1160

 1                 So to come in here and just say 

 2    because we say they can't pass it on, that 

 3    somehow the laws of economics don't work is 

 4    absurd.

 5                 When you tax a corporation, they 

 6    pass it on to the consumer.  When you put 

 7    additional costs on energy providers, whatever 

 8    energy it is, they pass those costs on to the 

 9    consumer as well.  

10                 Our constituents have told each and 

11    every one of us that they are paying more than 

12    they can afford.  

13                 I vote no.

14                 THE PRESIDENT:   Thank you.  

15                 Are there any other Senators wishing 

16    to be heard?

17                 Seeing and hearing none, debate is 

18    closed.

19                 Senator Gianaris.

20                 SENATOR GIANARIS:   Mr. President, 

21    we've agreed to restore this bill to the 

22    noncontroversial calendar.

23                 THE PRESIDENT:   The bill is 

24    restored.

25                 Read the last section.


                                                               1161

 1                 THE SECRETARY:   Section 2.  This 

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

 3    shall have become a law.

 4                 THE PRESIDENT:   Call the roll.

 5                 (The Secretary called the roll.)

 6                 THE PRESIDENT:   Senator Hinchey to 

 7    explain your vote.

 8                 SENATOR HINCHEY:   Thank you, 

 9    Mr. President.  

10                 I'd like to start by saying I too am 

11    a propane customer, and I live in the woods.  We 

12    have a thousand-gallon tank because it's hard to 

13    get there, and if there's a snowstorm you can't 

14    get there, actually, to deliver the fuel.  So 

15    this is the world that I'm living in too.

16                 But I want to be really clear, 

17    because it sounds like a lot of my colleagues are 

18    either saying that they do not believe in the 

19    climate crisis or they do not care that people 

20    and companies that have perpetuated the climate 

21    crisis over decades should bear any costs for 

22    that responsibility.  

23                 But the main point about this bill 

24    is that it actually lowers the cost for our 

25    constituents and for those customers.


                                                               1162

 1                 For example, a previous fee that was 

 2    able to be put upon the customer was a fee for 

 3    liquid petroleum gas that was not actually 

 4    delivered.  The customer had to pay for that.  

 5                 The customer had to pay for a fee 

 6    that was not disclosed in the contract related to 

 7    a termination of that service.  The customer had 

 8    to pay for that.  

 9                 The customer had to pay for a 

10    special usage fee if they didn't use enough 

11    petroleum to get a return on the investment for 

12    the customer.  The customer had to pay an 

13    additional fee for that.  

14                 The customer also had to pay for the 

15    termination of service if they didn't want it.  

16    They would have to pay for keeping the tank on 

17    their property even when they did terminate the 

18    service because the company didn't want to come 

19    and pick it up.  They had to pay basically a 

20    rental fee for that.  

21                 This bill is making sure that we are 

22    lowering the bills that we hear are skyrocketing 

23    all the time.  This is actually an affordability 

24    measure.  It is lowering those bills at a time 

25    when we also know that renewable energy is 


                                                               1163

 1    cheaper than fossil fuels.  We are shifting in 

 2    that direction because we care about our 

 3    constituents and it's what our constituents want.  

 4                 So I thank my colleagues for voting 

 5    for this bill.  I encourage my other colleagues 

 6    to look around them and talk to their 

 7    constituents about the impacts that are happening 

 8    across not just our state but across our country.  

 9                 And I proudly vote aye.  Thank you 

10    very much.

11                 THE PRESIDENT:   Senator Hinchey 

12    will be recorded in the affirmative.

13                 Announce the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 214, voting in the negative are 

16    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

17    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

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

19    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

20    Weber and Weik.

21                 Ayes, 36.  Nays, 22.

22                 THE PRESIDENT:   The bill is passed.

23                 Senator Gianaris, that completes the 

24    reading of the calendar.

25                 SENATOR GIANARIS:   Is there any 


                                                               1164

 1    further business at the desk?

 2                 THE PRESIDENT:   There is no further 

 3    business at the desk.  

 4                 SENATOR GIANARIS:   I move to 

 5    adjourn until Monday, March 9th, at 3:00 p.m., 

 6    with the intervening days being legislative days.

 7                 THE PRESIDENT:   On motion, the 

 8    Senate stands adjourned until Monday, March 9th, 

 9    at 3:00 p.m., with the intervening days being 

10    legislative days.

11                 (Whereupon, the Senate adjourned at 

12    12:33 p.m.)

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