Regular Session - April 20, 2026

                                                                   3205

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   April 20, 2026

11                     11:13 a.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  


                                                               3206

 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, Sunday, 

16    April 19, 2026, the Senate met pursuant to 

17    adjournment.  The Journal of Saturday, April 18, 

18    2026, 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                 Messages from the Governor.

25                 Reports of standing committees.


                                                               3207

 1                 Reports of select committees.

 2                 Communications and reports from 

 3    state officers.

 4                 Motions and resolutions.

 5                 Senator Gianaris.

 6                 SENATOR GIANARIS:   Good morning, 

 7    Mr. President.

 8                 ACTING PRESIDENT BAILEY:   Good 

 9    morning.

10                 SENATOR GIANARIS:   On behalf of 

11    Senator Martinez, I wish to call up Senate 

12    Print 194B, recalled from the Assembly, which is 

13    now at the desk.

14                 ACTING PRESIDENT BAILEY:   The 

15    Secretary will read.  

16                 THE SECRETARY:   Calendar Number 

17    181, Senate Print 194B, by Senator Martinez, an 

18    act to amend the General Business Law.

19                 SENATOR GIANARIS:   I move to 

20    reconsider the vote by which the bill was passed.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll on reconsideration.

23                 (The Secretary called the roll.)

24                 THE SECRETARY:   Ayes, 52.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               3208

 1    is restored to its place on the Third Reading 

 2    Calendar.

 3                 SENATOR GIANARIS:   I offer the 

 4    following amendments.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    amendments are received.

 7                 SENATOR GIANARIS:   Also amendments 

 8    are offered to the following Third Reading 

 9    Calendar bills:  

10                 By Senator Scarcella-Spanton, 

11    page 6, Calendar 225, Senate Print 8968; 

12                 And by Senator Gianaris, page 12, 

13    Calendar 410, Senate Print 363A. 

14                 ACTING PRESIDENT BAILEY:   The 

15    amendments on those bills are received, and the 

16    bills will retain their place on the Third 

17    Reading Calendar.

18                 Senator Gianaris.

19                 SENATOR GIANARIS:   Please call on 

20    Senator Cooney for a very quick introduction.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Cooney for an introduction.

23                 SENATOR COONEY:   Thank you, 

24    Mr. President.

25                 Good morning, everyone.  I'm proud 


                                                               3209

 1    to be joined with students from SkillsUSA, a 

 2    nationally recognized career and technical 

 3    student organization serving students in 

 4    high school and college postsecondary programs 

 5    across this country.  

 6                 I'd like to start by recognizing 

 7    some of the representatives who are joining us 

 8    here in the chamber:  Genevieve, Ava, Brianna, as 

 9    well as leaders Jennifer and Theresa.

10                 We're proud to welcome this 

11    all-woman representative team.  Of course we're 

12    very familiar with that here in this chamber, 

13    being led by our historic first woman 

14    Majority Leader, Andrea Stewart-Cousins.  Thank 

15    you all for being here today.

16                 We recently celebrated 

17    SkillsUSA Week, a time dedicated to uplifting 

18    475,000 students nationwide -- including 

19    thousands right here in New York -- who are 

20    committed to mastering the skilled trades and 

21    preparing for real-world careers.  

22                 It's also a time to highlight the 

23    vital role that skilled trades play in our 

24    economy and the impressive work these students 

25    and students across our state do each day to 


                                                               3210

 1    develop personal, workplace and technical skills 

 2    grounded in academics.

 3                 As the United States faces a 

 4    projected talent shortage, widening the skills 

 5    gap that could result in the loss of trillions of 

 6    dollars by 2030, supporting programs like 

 7    SkillsUSA is vital to ensuring our economic 

 8    strength and sustaining a skilled workforce.

 9                 The students before us today 

10    represent exactly what SkillsUSA stands for:  

11    Champions of their own futures, a workforce that 

12    is our future that New Yorkers can rely on.  

13                 It is an honor to recognize the 

14    entire SkillsUSA community not just during this 

15    special week, and not just today, but each and 

16    every day as they lead the way for collaboration 

17    and innovation of our skilled trades.

18                 Thank you, Mr. President.

19                 ACTING PRESIDENT BAILEY:   Thank 

20    you, Senator Cooney.

21                 To our guests, I welcome you on 

22    behalf of the Senate.  Thank you for all that you 

23    do.  Please remain -- I extend to you all of the 

24    privileges and courtesies of this house.  Please 

25    remain standing and be recognized.


                                                               3211

 1                 (Standing ovation.)

 2                 ACTING PRESIDENT BAILEY:   Senator 

 3    Gianaris.

 4                 SENATOR GIANARIS:   Mr. President, 

 5    there will be an immediate meeting of the 

 6    Rules Committee in Room 332.  

 7                 ACTING PRESIDENT BAILEY:   An 

 8    immediate meeting of the Rules Committee in 

 9    Room 332.

10                 SENATOR GIANARIS:   The Senate 

11    stands at ease.

12                 ACTING PRESIDENT BAILEY:   The 

13    Senate will stand at ease.

14                 (Whereupon, the Senate stood at ease 

15    at 11:17 a.m.)

16                 (Whereupon, the Senate reconvened at 

17    11:21 a.m.)

18                 ACTING PRESIDENT BAILEY:   The 

19    Senate will return to order.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Mr. President, 

22    there's a report of the Rules Committee at the 

23    desk.  

24                 Can we take that up, please.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               3212

 1    Secretary will read.  

 2                 THE SECRETARY:   Senator 

 3    Stewart-Cousins, from the Committee on Rules, 

 4    reports the following bills:  

 5                 Senate Print 6570A, by 

 6    Senator Harckham, an act to amend the 

 7    Environmental Conservation Law; 

 8                 Senate Print 8512B, by 

 9    Senator Krueger, an act to amend the 

10    Public Service Law; 

11                 Senate Print 9963, by 

12    Senator Serrano, an act making appropriations for 

13    the support of government.

14                 All bills reported direct to third 

15    reading.

16                 SENATOR GIANARIS:   Move to accept 

17    the report of the Rules Committee.

18                 ACTING PRESIDENT BAILEY:   All those 

19    in favor of accepting the report of the 

20    Rules Committee, please signify by saying aye. 

21                 (Response of "Aye.")

22                 ACTING PRESIDENT BAILEY:   Opposed, 

23    nay.

24                 (Response of "Nay.")

25                 ACTING PRESIDENT BAILEY:   The 


                                                               3213

 1    report of the Rules Committee is accepted.  

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   Please take up 

 4    the supplemental calendar.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    Secretary will read.

 7                 THE SECRETARY:   Calendar Number 

 8    699, Senate Print 9963, by Senator Serrano, an 

 9    act making appropriations for the support of 

10    government.  

11                 SENATOR GIANARIS:  Is there a 

12    message of necessity and appropriation at the 

13    desk?

14                 ACTING PRESIDENT BAILEY:   There is 

15    a message of necessity and appropriation at the 

16    desk.

17                 SENATOR GIANARIS:   Move to accept 

18    the message.

19                 ACTING PRESIDENT BAILEY:   All those 

20    in favor of accepting the message please signify 

21    by saying aye.

22                 (Response of "Aye.")

23                 ACTING PRESIDENT BAILEY:   Opposed, 

24    nay.

25                 (Response of "Nay.")


                                                               3214

 1                 ACTING PRESIDENT BAILEY:   The 

 2    message is accepted, and the bill is before the 

 3    house.

 4                 SENATOR LANZA:   Lay it aside.

 5                 ACTING PRESIDENT BAILEY:   Lay it 

 6    aside.

 7                 Senator Gianaris, that completes the 

 8    reading of today's supplemental calendar.

 9                 SENATOR GIANARIS:   Let's take up 

10    the controversial supplemental calendar, please.

11                 ACTING PRESIDENT BAILEY:   The 

12    Secretary will ring the bell.

13                 The Secretary will read.  

14                 Calendar Number 699, Senate Print 

15    9963, by Senator Serrano, an act making 

16    appropriations for the support of government.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    O'Mara, why do you rise? 

19                 SENATOR O'MARA:   Thank you, 

20    Mr. President.  If the sponsor would yield for a 

21    couple of questions on this budget extender.

22                 ACTING PRESIDENT BAILEY:   Will the 

23    sponsor yield? 

24                 SENATOR SERRANO:   Sure.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               3215

 1    sponsor yields.  

 2                 SENATOR O'MARA:   Good morning -- 

 3                 SENATOR SERRANO:   Good morning.  

 4                 SENATOR O'MARA:   -- Senator.  

 5                 Here we are on our fifth budget 

 6    extender, three weeks late on the budget now.  

 7                 Can you tell us at least initially 

 8    what -- what is included in this extender, how 

 9    much does it total, and what period of time is it 

10    covering?

11                 SENATOR SERRANO:   Through you, 

12    Mr. President.  This extender, this budget 

13    extender legislation has $12.7 billion total, 

14    which includes 5.1 billion in new funding.

15                 SENATOR O'MARA:   Through you, 

16    Mr. President, if the Senator will yield.  

17                 ACTING PRESIDENT BAILEY:   Does the 

18    sponsor yield?

19                 SENATOR SERRANO:   Yes.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.

22                 SENATOR O'MARA:   What date does 

23    this extender go through?  

24                 SENATOR SERRANO:   Through you, 

25    Mr. President, this extender will bring us 


                                                               3216

 1    through Wednesday, April 22nd.

 2                 SENATOR O'MARA:   Through you, 

 3    Mr. President, if the Senator will continue to 

 4    yield.

 5                 ACTING PRESIDENT BAILEY:   Will the 

 6    sponsor yield?

 7                 SENATOR SERRANO:   Yes.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.

10                 SENATOR O'MARA:   So we're adding an 

11    additional $5.1 billion in this extender.  Being 

12    three weeks late, that's an extra $5 billion to 

13    get us through the next two days.

14                 SENATOR SERRANO:   Through you, 

15    Mr. President.  Different extenders, because of 

16    different timetables for payment, have different 

17    amounts in them.  

18                 So there is an increase in this one 

19    over previous, but not necessarily because of the 

20    length of time, but more because certain 

21    payments are due.

22                 SENATOR O'MARA:   Through you, 

23    Mr. President, if the Senator will continue to 

24    yield.

25                 ACTING PRESIDENT BAILEY:   Will the 


                                                               3217

 1    sponsor yield?

 2                 SENATOR SERRANO:   Yes.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    sponsor yields.

 5                 SENATOR O'MARA:   Can you outline 

 6    for us, then, what the 5.1 billion in spending 

 7    authorization covers?

 8                 (Pause.)

 9                 SENATOR SERRANO:   Through you, 

10    Mr. President.  The three main issues that this 

11    additional funding covers are Medicaid, payroll, 

12    and school funding.

13                 SENATOR O'MARA:   Through you, 

14    Mr. President, if the Senator will continue to 

15    yield.

16                 ACTING PRESIDENT BAILEY:   Will the 

17    sponsor yield? 

18                 SENATOR SERRANO:   Yes.

19                 ACTING PRESIDENT BAILEY:   The 

20    sponsor yields.

21                 SENATOR O'MARA:   Can you tell us 

22    the amount of education funding that's being 

23    authorized here to go to our local school 

24    districts?

25                 SENATOR SERRANO:   Through you, 


                                                               3218

 1    Mr. President, this extender includes about 

 2    $2.3 billion for schools.

 3                 SENATOR O'MARA:   Thank you.

 4                 Mr. President, if the Senator will 

 5    continue to yield.  

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor yield? 

 8                 SENATOR SERRANO:   Yes.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.

11                 SENATOR O'MARA:   Senator, we're now 

12    three weeks late on this budget.  We're at 

13    April 20th, our schools have to put their budgets 

14    to a vote before their voters in about a month's 

15    time, or less, and they have to have their 

16    budgets actually finalized before they go to a 

17    vote.  

18                 So what can we tell our school 

19    districts, while this budget is late, what to 

20    expect in school funding?  Has there been any 

21    type of agreement between the three sides on what 

22    school funding is going to be or what a minimum 

23    amount is going to be so they can properly 

24    formulate their budgets?  

25                 SENATOR SERRANO:   Through you, 


                                                               3219

 1    Mr. President.  

 2                 Well, certainly, as you mentioned, 

 3    there is a sense of urgency, especially when it 

 4    comes to this topic of school aid.  However, we 

 5    do have a little bit more time before that issue 

 6    arises.  

 7                 And I feel pretty confident that we 

 8    will complete this budget in time so that school 

 9    districts can be able to manage appropriately.  

10    As in years past, even with late budgets, we've 

11    been able to get it done before that critical 

12    moment.

13                 SENATOR O'MARA:   Thank you, 

14    Senator.

15                 Mr. President, if the Senator will 

16    continue to yield.

17                 ACTING PRESIDENT BAILEY:   Does the 

18    sponsor yield? 

19                 SENATOR SERRANO:   Yes.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.

22                 SENATOR O'MARA:   So do we have any 

23    basis that we can at least signal to our school 

24    districts what -- the base level of increase we'd 

25    be looking at?  


                                                               3220

 1                 The Governor came out with a 

 2    1 percent base, which is pretty anemic, and 

 3    I think the one-houses came up with 2 percent.  

 4    What can we assure them at this point?  

 5                 SENATOR SERRANO:   Through you, 

 6    Mr. President.  While it is difficult to give 

 7    assurances until the budget is done, if the past 

 8    is any indication, we usually build upon what was 

 9    in the Executive Budget.  

10                 So I would presume that that would 

11    be a base and that we would hopefully go up from 

12    there.

13                 SENATOR O'MARA:   Thank you, 

14    Senator.  

15                 Mr. President, if the Senator will 

16    continue to yield.

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor yield?

19                 SENATOR SERRANO:   Yes.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.  

22                 SENATOR O'MARA:   Senator, there's 

23    been four or five major issues, at least in the 

24    media, that are holding up this budget process.  

25    Since the last extender last Thursday, can you 


                                                               3221

 1    inform us of any progress that's been made on any 

 2    of the major open issues?

 3                 SENATOR SERRANO:   Through you, 

 4    Mr. President.  

 5                 I wish I could give you some more, 

 6    but I do feel that, you know, as negotiations are 

 7    ongoing, and that -- the overall sense of 

 8    urgency, I think things are moving in the right 

 9    direction.  There have been productive 

10    conversations with all parties engaged.

11                 And, you know, budgets -- as you 

12    know, all of these budgets are a lot of work, 

13    they're hard work, and they certainly require a 

14    lot of negotiation and time.  And this budget is 

15    no exception, so -- but I do feel -- I feel good 

16    that things are moving in the right direction, 

17    and hopefully we can land this plane sooner 

18    rather than later.

19                 SENATOR O'MARA:   Thank you, 

20    Senator.

21                 Mr. President, if the Senator will 

22    continue to yield.

23                 ACTING PRESIDENT BAILEY:   Will the 

24    sponsor yield? 

25                 SENATOR SERRANO:   Yup.


                                                               3222

 1                 ACTING PRESIDENT BAILEY:   The 

 2    sponsor yields.

 3                 SENATOR O'MARA:   One of the major 

 4    issues, to my understanding, has been alterations 

 5    to the CLCPA and the timelines on that for 

 6    feasibleness -- for it to be feasible and 

 7    affordable.

 8                 The Governor stated last week that 

 9    language had been provided to both houses' 

10    majorities on proposed changes to that.  Can you 

11    tell us what those proposals are?  

12                 SENATOR SERRANO:   Through you, 

13    Mr. President, I have no additional information 

14    on that.

15                 SENATOR O'MARA:   Thank you, 

16    Senator.

17                 Mr. President, if the Senator will 

18    continue to yield.

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield? 

21                 SENATOR SERRANO:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR O'MARA:   One of the other 

25    major issues is the automobile liability 


                                                               3223

 1    insurance, changes that the Governor has proposed 

 2    and the Senate and Assembly majorities have had 

 3    some responses to.

 4                 Can you tell us where we are on 

 5    specific language on that issue?

 6                 SENATOR SERRANO:   Through you, 

 7    Mr. President.  No, I'm sorry, I don't have any 

 8    additional information on that.

 9                 SENATOR O'MARA:   Thank you, 

10    Senator.  

11                 Mr. President, will the Senator 

12    continue to yield?  

13                 ACTING PRESIDENT BAILEY:   Will the 

14    sponsor yield? 

15                 SENATOR SERRANO:   Yes.

16                 ACTING PRESIDENT BAILEY:   The 

17    sponsor yields.

18                 SENATOR O'MARA:   Last week it was 

19    indicated in the discussion on the floor here of 

20    this extender last Thursday that both sides 

21    wanted SEQR reforms, which has been discussed a 

22    lot in the press, and that it was felt to be 

23    close on agreement on the SEQR issues now.

24                 Can you tell us, is SEQR locked down 

25    at this point, that issue?  And where are we, 


                                                               3224

 1    what are the changes being proposed to SEQR?  

 2                 SENATOR SERRANO:   Through you, 

 3    Mr. President.  I really cannot.  I really don't 

 4    have any additional information to add to that.  

 5                 And again, as this negotiation 

 6    continues, all of these things I'm hoping will 

 7    fall into place in due time, sooner rather than 

 8    later.

 9                 But you are correct that these are 

10    some of the many issues that have -- we continue 

11    to grapple with as we attempt to finalize this 

12    budget.

13                 SENATOR O'MARA:   Thank you, 

14    Senator.  

15                 Mr. President, if the Senator will 

16    continue to yield.

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor yield?

19                 SENATOR SERRANO:   Yes.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.

22                 SENATOR O'MARA:   We have nine 

23    budget bills that we have to get through that are 

24    outstanding.  Have any one of those nine been 

25    finalized to this point?


                                                               3225

 1                 SENATOR SERRANO:   Through you, 

 2    Mr. President, no.

 3                 SENATOR O'MARA:   Through you, 

 4    Mr. President, if the Senator will continue to 

 5    yield.  

 6                 ACTING PRESIDENT BAILEY:   Does the 

 7    sponsor yield? 

 8                 SENATOR SERRANO:   Yup.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.

11                 SENATOR O'MARA:   What is your 

12    prognosis on when we will be nailing down these 

13    final nine budget bills so we can at least let 

14    the public know what's being discussed and we can 

15    start debate on those bills?

16                 SENATOR SERRANO:   Through you, 

17    Mr. President.  

18                 As I mentioned in my earlier 

19    comments, that I feel that things are moving in 

20    the right direction.  I think discussions are 

21    ongoing.  All parties involved are working very 

22    hard to try to come to agreement and come up with 

23    bills that we can bring to a vote that the public 

24    can be proud of.

25                 It takes time to come up with a 


                                                               3226

 1    budget that speaks to all of the different needs 

 2    of the people of New York.  And we are certainly 

 3    being very methodical in our approach here, as we 

 4    can see.  

 5                 However, I do sense a -- there is a 

 6    sense of urgency to get moving on this, and I 

 7    think things are coming together.  But no, to 

 8    directly answer your question, I am unable to 

 9    provide any dates or prognosis beyond that.

10                 SENATOR O'MARA:   Thank you.

11                 Mr. President, if the Senator will 

12    continue to yield.

13                 ACTING PRESIDENT BAILEY:   Will the 

14    sponsor yield?

15                 SENATOR SERRANO:   Yup.

16                 ACTING PRESIDENT BAILEY:   The 

17    sponsor yields.

18                 SENATOR O'MARA:   Would you expect 

19    us to have budget bills to be actually working on 

20    by the end of next week?  

21                 SENATOR SERRANO:   Through you, 

22    Mr. President.  Again, it's difficult to say.  I 

23    would hope so, but it's -- unfortunately, I 

24    cannot answer.

25                 SENATOR O'MARA:   Thank you, 


                                                               3227

 1    Senator.

 2                 On the bill, Mr. President.

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    O'Mara on the bill.

 5                 SENATOR O'MARA:   Here we are on our 

 6    fifth budget extender, three weeks late on the 

 7    budget to date, with -- as we can see -- little 

 8    to no information being shared by the majorities 

 9    with us in the minority or, more importantly, 

10    with New Yorkers.  

11                 You know, this is probably the most 

12    important thing that we do each year in Albany, 

13    is set the State Budget.  We need to do it in a 

14    timely manner, as I have said, so our school 

15    districts can set their budgets so that they can 

16    reliably have a figure of state aid coming so 

17    they can set their budgets and not have to 

18    perhaps set property taxes higher than they would 

19    need to be if they knew what was coming in state 

20    aid.

21                 So it is just still very concerning 

22    to me and to our side of the aisle that we have 

23    little to no information to be discussing on 

24    this.  It seems that the rank-and-file members of 

25    the Majority don't have any information either.


                                                               3228

 1                 And that's concerning, that 

 2    everything still continues to be three people in 

 3    a room behind closed doors with no discussion or 

 4    detail on what the hangups are, what's actually 

 5    being considered from one side or the other, 

 6    which would be helpful in informing the public of 

 7    where this budget is headed.  

 8                 And the major policy issues that are 

 9    outstanding, the five or six issues that are out 

10    there, are significant issues and should involve 

11    public input, public response to what's being 

12    proposed so that we can more accurately debate 

13    these issues, know where our constituents stand 

14    on these issues and, more importantly, have an 

15    informed vote on the budget itself.

16                 But thank you, Mr. President.

17                 ACTING PRESIDENT BAILEY:   Thank 

18    you, Senator O'Mara.

19                 Are there any other Senators wishing 

20    to be heard?

21                 Seeing and hearing none, debate is 

22    closed.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   Mr. President, 

25    let's restore this to the noncontroversial 


                                                               3229

 1    calendar, please.  

 2                 ACTING PRESIDENT BAILEY:   On 

 3    consent, the bill is restored to the 

 4    noncontroversial calendar.  

 5                 There is a substitution at the desk.  

 6                 The Secretary will read.

 7                 THE SECRETARY:   Senator Serrano 

 8    moves to discharge, from the Committee on Rules, 

 9    Assembly Bill Number 11010 and substitute it for 

10    the identical Senate Bill Number 9963, Third 

11    Reading Calendar 699.

12                 ACTING PRESIDENT BAILEY:   

13    Substitution so ordered.

14                 Read the last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Weik to explain her vote.

22                 SENATOR WEIK:   Thank you, 

23    Mr. President.  

24                 Today is April 20th.  The budget was 

25    due on April 1st.  So as my colleagues have said, 


                                                               3230

 1    three weeks late for a budget.  Still no table 

 2    targets, which really just once again showcases 

 3    how inefficient having one party running our 

 4    state has been.  

 5                 And for that, I'll be voting in the 

 6    negative.

 7                 ACTING PRESIDENT BAILEY:   Senator 

 8    Weik to be recorded in the negative.

 9                 Announce the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 699, voting in the negative:  

12    Senator Weik.

13                 Ayes, 57.  Nays, 1. 

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 Senator Gianaris, that completes the 

17    reading of the controversial supplemental 

18    calendar.

19                 SENATOR GIANARIS:   Thank you, 

20    Mr. President.  

21                 Going to more routine business now, 

22    there's a privileged resolution at the desk.  

23    Please take that up, read its title, and 

24    recognize Senator Brisport on the resolution.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               3231

 1    Secretary will read.

 2                 THE SECRETARY:   Senate Resolution 

 3    1887, by Senator Brisport, memorializing 

 4    Governor Kathy Hochul to proclaim April 2026 as 

 5    Arab American Heritage Month in the State of 

 6    New York.

 7                 ACTING PRESIDENT BAILEY:   Senator 

 8    Brisport on the resolution.

 9                 SENATOR BRISPORT:   Thank you, 

10    Mr. President.

11                 The great Palestinian poet Mosab Abu 

12    Toha, whom we are honored to have with us today, 

13    wrote these words:  

14                 "What is home?  

15                 "It is the shade of trees on my way 

16    to school before they were uprooted.  

17                 "It is my grandparents' black and 

18    white wedding photo before the walls crumbled.

19                 "It is my uncle's prayer rug, where 

20    dozens of ants slept on wintry nights before it 

21    was looted and put in a museum.  

22                 "It is the oven my mother used to 

23    bake bread and roast chicken before a bomb 

24    reduced our house to ashes.  

25                 "It is the cafe where I watched 


                                                               3232

 1    football matches and played --

 2                 "My child stops me:  Can a 

 3    four-letter world hold all of these?"  

 4                 When I think about this poem, I 

 5    think not only about the limitations of words to 

 6    adequately hold on to a legacy, but also about 

 7    their tremendous importance in the attempt to do 

 8    so.  

 9                 That is precisely what makes erasure 

10    such a powerful and common tool of oppression.  

11    Sometimes erasure happens when a bomb strikes a 

12    library, like the Edward Said Public Library, 

13    founded by Mr. Abu Toha himself, and now reduced 

14    to ash.  

15                 Sometimes it happens when a gang of 

16    ICE agents snatch a young Palestinian man, like 

17    Mahmoud Khalil, away from his family for speaking 

18    truths our government did not want heard.  

19                 Sometimes it happens as simply as a 

20    publisher choosing to omit mention of 

21    Arab American contributions from our students' 

22    textbooks.  

23                 To erase the arts, the voices, the 

24    history of a people makes it that much easier to 

25    erase the people themselves.  We are seeing that 


                                                               3233

 1    playbook used again in realtime.  

 2                 Today, as we recognize Arab American 

 3    Heritage Month in New York, I hope we will all 

 4    take the occasion to commit ourselves to fighting 

 5    that erasure, to seeking out, listening to and 

 6    amplifying the Arab voices being silenced.

 7                 Thank you.

 8                 ACTING PRESIDENT BAILEY:   Thank 

 9    you, Senator Brisport.  

10                 Senator Fahy on the resolution.

11                 SENATOR FAHY:   Thank you.  Thank 

12    you, Mr. President.  

13                 I'd like to commend the sponsor for 

14    offering this resolution and to also speak on it 

15    to say that this is a wonderful opportunity to 

16    commend all Arab Americans and recognize the 

17    heritage month.  

18                 Right here in the Capital Region we 

19    have one of the largest and faster-growing 

20    Arab American communities in the country.  Many 

21    are incredible entrepreneurs, educators, 

22    healthcare workers, engineers, and public 

23    servants, and they have strengthened the 

24    Capital Region in multiple, multiple ways.  

25                 That entrepreneurial spirit, the 


                                                               3234

 1    cultural tradition -- my children went to the 

 2    Albany schools, and they have just enriched the 

 3    incredible diversity of those schools.  We have 

 4    seen an explosive growth here in Arab American 

 5    residents, especially in the last few years, 

 6    which has been stunning.  

 7                 And I think it makes this resolution 

 8    more important than ever because on the other -- 

 9    the flip side of this, we've also seen a truly 

10    unfortunate rise in hate and bias and certainly 

11    in harmful rhetoric.  

12                 So I think it's more important now 

13    that we stand firm against any forms of 

14    discrimination and talk about the positive and 

15    extraordinary contributions.  

16                 We have seen, again, an 

17    exponential rate of complaints, particularly in 

18    our Muslim community, with anti-Muslim and 

19    anti-Arab incidents.  

20                 So I think it's a good reminder that 

21    New York and this country are best when we focus 

22    on dignity, on respect, inclusion and the 

23    incredible value that the diversity and inclusion 

24    brings to our community, and the commitment that 

25    we have in this state and in this country on 


                                                               3235

 1    advancing opportunities for all and reminding 

 2    each of us that hate should have absolutely no 

 3    home here or anywhere else.  

 4                 So I am so proud to join my 

 5    colleagues and join all my community members in 

 6    recognizing Arab American Heritage Month and 

 7    celebrate those extraordinary contributions of so 

 8    many here in our community and in New York as a 

 9    whole.  

10                 Thank you, Mr. President.

11                 ACTING PRESIDENT BAILEY:   Thank 

12    you, Senator Fahy.

13                 Senator Salazar on the resolution.

14                 SENATOR SALAZAR:   Thank you, 

15    Mr. President.  

16                 New York is home to over 

17    300,000 Arab Americans.  It's the third-largest 

18    population of Arab Americans in the 

19    United States.  

20                 From Astoria, in Queens, to 

21    Bay Ridge, we can see clearly that entire 

22    neighborhoods have developed and flourished 

23    because of the contributions of Arab American 

24    immigrants and their generations who have built 

25    their lives here in New York.  


                                                               3236

 1                 Thought leaders like Edward Said, 

 2    who Senator Brisport mentioned, the 

 3    Palestinian American scholar and author of 

 4    Orientalism and The Question of Palestine, have 

 5    played a major part in New York's global academic 

 6    and literary influence.  

 7                 The Yemeni small business owners who 

 8    run thriving restaurants and convenience stores 

 9    in my district, and across the city and state, 

10    make our local economies diverse and resilient 

11    and community-oriented.

12                 Arab American hospitality, 

13    literature, cuisine -- they've enriched our lives 

14    for the better even as Arab American communities 

15    have faced immense challenges.  Many of our 

16    Arab American neighbors were forced to leave 

17    their homelands due to war, occupation, 

18    oppression and systemic violence, sometimes as a 

19    result of U.S. foreign policy.  

20                 Far too often we have seen elected 

21    officials at various levels of government 

22    perpetuate bigoted tropes and inflammatory 

23    language about our Arab American neighbors.  It 

24    makes it all the more important that we celebrate 

25    Arab Americans through resolutions like this one.


                                                               3237

 1                 Even today, Arab New Yorkers are 

 2    still disproportionately surveilled and 

 3    discriminated against simply because of their 

 4    heritage.  

 5                 And yet their communities have 

 6    persevered and given back to our state.  

 7    Organizations like the Arab American Association 

 8    of New York and American Family Support Center 

 9    are consistently providing comprehensive services 

10    to those in need regardless of their identity.

11                 We know that Arab Americans in our 

12    state deserve our celebration and respect, and I 

13    thank Senator Brisport for recognizing these 

14    communities through this resolution.

15                 Thank you, Mr. President.

16                 ACTING PRESIDENT BAILEY:   Thank 

17    you, Senator Salazar.

18                 Senator Gounardes on the resolution.

19                 SENATOR GOUNARDES:   Thank you, 

20    Mr. President.  

21                 I rise too to thank our sponsor for 

22    this resolution.  And I have the privilege to 

23    represent a wide diversity of the Arab American 

24    diaspora.  Whether they are immigrants from 

25    Morocco, from Palestine, from Jordan, from Syria, 


                                                               3238

 1    from Iraq, from Kuwait, from Egypt, from many of 

 2    the nations where -- around the globe where Arabs 

 3    come from, they've all settled in -- not just 

 4    throughout New York City, but particularly in 

 5    many of the neighborhoods that I get to represent 

 6    in Brooklyn.  

 7                 Senator Salazar mentioned Bay Ridge.  

 8    That's probably the newest wave of Arab 

 9    immigrants we have here in my district.  But it 

10    begins even a century earlier when we saw the 

11    first wave of Syrian and Lebanese immigrants who 

12    settled in downstate Brooklyn, establishing 

13    shops, establishing restaurants, becoming the 

14    first pioneers of their communities to settle 

15    here in the United States.  

16                 I am incredibly proud to represent 

17    that full spectrum of Arab American neighbors who 

18    live in New York City.  And one of my favorite 

19    things every year, in fact, on Good Friday -- as 

20    many of you know, I'm Greek Orthodox.  On 

21    Good Friday, at the church that I attend, we do a 

22    procession where we walk around the church.  

23                 And two blocks away there is an 

24    Antiochian Orthodox Church, Lebanese, 

25    Arab American, Christians, also celebrating 


                                                               3239

 1    Good Friday.  

 2                 Our two congregations come together 

 3    and we chant the Good Friday hymns not just in 

 4    English and not just in Greek, but also in 

 5    Arabic.  

 6                 And it is such a beautiful picture 

 7    of what makes New York City so great, and that 

 8    you have all these diverse cultures, all of these 

 9    diverse nationalities coming together and sharing 

10    in this common experience together.  

11                 That is what makes our city and our 

12    state such a beautiful place to welcome so many 

13    others, whether they came here 100 years ago or 

14    they came here just yesterday.  

15                 And so I want to thank again 

16    Senator Brisport for reminding us of the 

17    importance of Arab American Heritage Month.  

18                 I see some of my constituent groups 

19    that are here today:  The Arab American 

20    Association, the Arab American Family Support 

21    Center.  And I'm proud to support this 

22    resolution.  

23                 Thank you.

24                 ACTING PRESIDENT BAILEY:   Thank 

25    you, Senator Gounardes.  


                                                               3240

 1                 To our guests from the Arab American 

 2    community, we thank you for your leadership and I 

 3    welcome you on behalf of the Senate.  We extend 

 4    to you all of the privileges and courtesies of 

 5    this house.  

 6                 Please rise and be recognized.

 7                 (Standing ovation.)

 8                 ACTING PRESIDENT BAILEY:   The 

 9    question is on the resolution.  All those in 

10    favor please signify by saying aye.

11                 (Response of "Aye.")

12                 ACTING PRESIDENT BAILEY:   Opposed, 

13    nay. 

14                 (No response.)

15                 ACTING PRESIDENT BAILEY:   The 

16    resolution is adopted.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Senator Brisport 

19    would like to open that resolution for 

20    cosponsorship.

21                 ACTING PRESIDENT BAILEY:   The 

22    resolution is open for cosponsorship.  Should you 

23    choose not to be a cosponsor, please notify the 

24    desk.

25                 Senator Gianaris.


                                                               3241

 1                 SENATOR GIANARIS:   Let's take up 

 2    the calendar, please.

 3                 ACTING PRESIDENT BAILEY:   The 

 4    Secretary will read.

 5                 THE SECRETARY:   Calendar Number 

 6    186, Senate Print 114, by Senator Cleare, an act 

 7    to amend the Banking Law.

 8                 SENATOR LANZA:   Lay it aside.

 9                 ACTING PRESIDENT BAILEY:   Lay it 

10    aside.

11                 THE SECRETARY:   Calendar Number 

12    311, Senate Print 5340C, by Senator Stavisky, an 

13    act to amend the Education Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 SENATOR LANZA:   Lay it aside.  

17                 (Pause; off the record.)

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Gianaris.  

20                 SENATOR GIANARIS:   I believe that 

21    Calendar 311 was laid aside in error.  

22                 Senator Lanza would like to remove 

23    that lay-aside, and let's take that bill up.

24                 ACTING PRESIDENT BAILEY:   The 

25    lay-aside has been removed.  


                                                               3242

 1                 The Secretary will read.

 2                 THE SECRETARY:   Calendar Number 

 3    311, Senate Print 5340C, by Senator Stavisky, 

 4    an act to amend the Education Law.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 4.  This 

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

 9    shall have become a law.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 311, voting in the negative are 

17    Senators Gallivan, Griffo, Helming, Lanza, 

18    Martinez, Ortt and Palumbo.  

19                 Ayes -- oh, sorry.  

20                 In relation to Calendar 311, voting 

21    in the negative are Senators Gallivan, Griffo, 

22    Lanza, Martinez, Ortt, Palumbo and Weik.

23                 Ayes, 51.  Nays, 7.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               3243

 1                 THE SECRETARY:   Calendar Number 

 2    450, Senate Print 2224B, by Senator Krueger, an 

 3    act to amend the Legislative Law.

 4                 SENATOR LANZA:   Lay it aside.

 5                 ACTING PRESIDENT BAILEY:   Lay it 

 6    aside.

 7                 THE SECRETARY:   Calendar Number 

 8    454, Senate Print 2708A, by Senator May, an act 

 9    to amend the Public Service Law.

10                 SENATOR LANZA:   Lay it aside.

11                 ACTING PRESIDENT BAILEY:   Lay it 

12    aside.

13                 THE SECRETARY:   Calendar Number 

14    485, Senate Print 3147, by Senator Cooney, an act 

15    to amend the Insurance Law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect on the 30th 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.


                                                               3244

 1                 THE SECRETARY:   Ayes, 58.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    493, Senate Print 5280A, by Senator Sepúlveda, an 

 6    act to amend the Real Property Tax Law.

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 4.  This 

10    act shall take effect immediately.

11                 ACTING PRESIDENT BAILEY:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT BAILEY:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 58.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    543, Senate Print 5598A, by Senator May, an act 

21    to amend the General Business Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 4.  This 

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


                                                               3245

 1    shall have become a law.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 543, voting in the negative are 

 9    Senators Borrello, Oberacker, Stec, Walczyk and 

10    Weik.

11                 Ayes, 53.  Nays, 5.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    613, Senate Print 4188B, by Senator Comrie, an 

16    act to amend the Penal Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.  


                                                               3246

 1                 THE SECRETARY:   Ayes, 58.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    654, Senate Print 2078, by Senator Mayer, an act 

 6    to amend the Labor Law.

 7                 SENATOR LANZA:   Lay it aside.

 8                 ACTING PRESIDENT BAILEY:   Lay it 

 9    aside.

10                 THE SECRETARY:   Calendar Number 

11    671, Senate Print 1116, by Senator Gounardes, an 

12    act to amend the Executive Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 58.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               3247

 1    672, Senate Print 2546, by Senator Myrie, an act 

 2    to amend the Real Property Actions and 

 3    Proceedings Law.

 4                 SENATOR LANZA:   Lay it aside.

 5                 ACTING PRESIDENT BAILEY:   Lay it 

 6    aside.  

 7                 Senator Gianaris, that completes the 

 8    reading of today's calendar.

 9                 SENATOR GIANARIS:   All right.  On 

10    to the controversial calendar, please.

11                 ACTING PRESIDENT BAILEY:   The 

12    Secretary will ring the bell.

13                 The Secretary will read.

14                 THE SECRETARY:   Calendar Number 

15    186, Senate Print 114, by Senator Cleare, an act 

16    to amend the Banking Law.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Gianaris.  

19                 SENATOR GIANARIS:   Mr. President, I 

20    believe the sponsor just stepped out for a 

21    moment.  

22                 Let's stand at ease until she comes 

23    back.

24                 ACTING PRESIDENT BAILEY:   The 

25    Senate will stand at ease momentarily.


                                                               3248

 1                 (Whereupon, the Senate stood at ease 

 2    at 11:50 a.m.)

 3                 (Whereupon, the Senate reconvened at 

 4    11:51 a.m.)

 5                 ACTING PRESIDENT BAILEY:   The 

 6    Senate will return to order.

 7                 Senator Gianaris.

 8                 SENATOR GIANARIS:   Okay, 

 9    Mr. President, let's proceed with the debate, 

10    please.  

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Borrello, why do you rise? 

13                 SENATOR BORRELLO:   Thank you, 

14    Mr. President.

15                 Would the sponsor yield for a 

16    question?  

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor yield?

19                 SENATOR CLEARE:   Through you, 

20    Mr. President, I do.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.

23                 SENATOR BORRELLO:   Through you, 

24    Mr. President.

25                 We've been through this bill I think 


                                                               3249

 1    six years now, I think since my first year in the 

 2    Senate.  I'm just curious what the status is in 

 3    the other house and why this bill continues to 

 4    come up and pass this chamber but hasn't seemed 

 5    to go any further.

 6                 SENATOR CLEARE:   It's my 

 7    understanding it's made it -- through you, 

 8    Mr. President -- into third reading on some 

 9    occasions.

10                 SENATOR BORRELLO:   Mr. President, 

11    will the sponsor continue to yield.  

12                 ACTING PRESIDENT BAILEY:   Will the 

13    sponsor yield? 

14                 SENATOR CLEARE:   Through you, 

15    Mr. President, I do.

16                 ACTING PRESIDENT BAILEY:   The 

17    sponsor yields.  

18                 SENATOR BORRELLO:   So New York 

19    State already restricts banks, institutions, from 

20    actually investing in private-prison contractors, 

21    contractors that provide private-prison services 

22    within New York State.  In other words, New York 

23    State doesn't allow private prisons, essentially.

24                 So what is the intent of this bill 

25    if it doesn't occur here in New York State?


                                                               3250

 1                 SENATOR CLEARE:   To make sure that 

 2    our banks are not investing in private prisons in 

 3    general outside of New York State.

 4                 SENATOR BORRELLO:   Mr. President, 

 5    will the sponsor continue to yield?  

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor yield?

 8                 SENATOR CLEARE:   Through you, 

 9    Mr. President, yes.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.

12                 SENATOR BORRELLO:   Through you, 

13    Mr. President.  Are you aware of any 

14    state-chartered banks that are currently 

15    investing in private-prison contractors?

16                 SENATOR CLEARE:   No.  Through you, 

17    Mr. President, no.

18                 SENATOR BORRELLO:   Okay.  

19    Mr. President, will the sponsor continue to 

20    yield? 

21                 ACTING PRESIDENT BAILEY:   Will the 

22    sponsor yield? 

23                 SENATOR CLEARE:   Through you, yes, 

24    I will yield.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               3251

 1    sponsor yields.

 2                 SENATOR BORRELLO:   So we don't 

 3    allow them here in New York State.  We don't have 

 4    any state-chartered banks because this only can 

 5    impact state-chartered banks.  We don't have any 

 6    purview over federally chartered institutions.  

 7    We don't have any state-chartered banks that are 

 8    actually invested in private prisons outside of 

 9    New York State.  

10                 So isn't this bill really just 

11    trying to regulate what happens in states outside 

12    of New York?

13                 (Pause.)

14                 SENATOR CLEARE:   There is some 

15    renewed pressure with what we -- we have limited 

16    ability to regulate what happens federally with 

17    immigration, but there has been some renewed 

18    activity in terms of us investing in private 

19    facilities that detain people.

20                 SENATOR BORRELLO:   Mr. President, 

21    will the sponsor continue to yield?

22                 ACTING PRESIDENT BAILEY:   Will the 

23    sponsor yield?

24                 SENATOR CLEARE:   Through you, 

25    Mr. President, yes. 


                                                               3252

 1                 ACTING PRESIDENT BAILEY:   The 

 2    sponsor yields.

 3                 SENATOR BORRELLO:   So -- well, this 

 4    bill's been around long before, you know, we've 

 5    had any immigration enforcement of any kind -- or 

 6    of any significance, honestly, in the previous 

 7    four years.  

 8                 So you're saying now this bill's 

 9    intent has shifted to be more about immigration 

10    enforcement?  

11                 SENATOR CLEARE:   No.  There's still 

12    a great concern about investing in private 

13    prisons outside of New York State.  

14                 You know, you and I have talked 

15    about previous corruption scandals where people 

16    were being sentenced and sent to private prisons.  

17    And we don't want our banks to be a part of that.  

18    We don't want to be investing in that kind of 

19    situation.  Among other things that are going on 

20    in these private prisons, wherever they are.

21                 SENATOR BORRELLO:   Mr. President, 

22    will the sponsor continue to yield? 

23                 ACTING PRESIDENT BAILEY:   Will the 

24    sponsor yield? 

25                 SENATOR CLEARE:   I do.  Through 


                                                               3253

 1    you, Mr. President.

 2                 ACTING PRESIDENT BAILEY:   The 

 3    sponsor yields.

 4                 SENATOR BORRELLO:   So really, then, 

 5    we're just saying to banks within New York State:  

 6    We're going to tell you where you're going to 

 7    invest your -- and how you're going to invest 

 8    your money.  

 9                 And essentially outside of New York 

10    State, we're trying to essentially impede their 

11    ability -- isn't that kind of a slippery slope 

12    now that we're going to be telling banks how they 

13    should be investing their money outside of the 

14    state that we govern?

15                 SENATOR CLEARE:   No, I don't think 

16    so.  I think that, you know, there's a moral 

17    issue here where we invest our money.  And I 

18    think that private prisons are just not a place 

19    that we should be investing our money.

20                 SENATOR BORRELLO:   Mr. President, 

21    will the sponsor continue to yield?

22                 ACTING PRESIDENT BAILEY:   Will the 

23    sponsor yield?

24                 SENATOR CLEARE:   Through you, 

25    Mr. President, I do.


                                                               3254

 1                 ACTING PRESIDENT BAILEY:   The 

 2    sponsor yields.

 3                 SENATOR BORRELLO:   Well, when you 

 4    say "our money," I mean, we're not talking about 

 5    government money, right, we're talking about 

 6    people that have given their money to a bank or 

 7    another state-chartered institution.  And, you 

 8    know, so we're really talking about regulating 

 9    how a private entity invests money provided to 

10    them by private citizens, not by the government, 

11    correct?  

12                 SENATOR CLEARE:   Right.  Through 

13    you, Mr. President, right.

14                 SENATOR BORRELLO:   Mr. President, 

15    on the bill.

16                 ACTING PRESIDENT BAILEY:   Senator 

17    Borrello on the bill.

18                 SENATOR BORRELLO:   Thank you, 

19    Mr. President.

20                 Thank you, Senator Cleare, once 

21    again for this debate.

22                 I want to also mention that 

23    Senator Cleare has been very instrumental in 

24    personal advocacy for something she believes in.  

25    She believes that indeed financial institutions 


                                                               3255

 1    should not be investing in private prisons, and 

 2    she's gotten some -- she's been very effective.  

 3    She's gotten some action through her advocacy.  

 4                 I believe some nationally chartered 

 5    banks that we have absolutely no control over 

 6    have actually voluntarily decided not to invest 

 7    because of her advocacy.  So I commend you for 

 8    that, even if I disagree with it.  

 9                 But at the end of the day, that's 

10    the way to go about this.  Because again, this 

11    targets a very narrow group of people, 

12    state-chartered banks.  We've lost 40 percent of 

13    our state-chartered banks just in my time here in 

14    the Senate, six years.  

15                 People just choose to -- banks 

16    choose to no longer deal with the heavy 

17    regulation of New York State, and they choose to 

18    then become federally chartered institutions or 

19    to discontinue doing business in New York State 

20    altogether.  

21                 This is just another nail in that 

22    coffin, essentially, people having the choice of 

23    having more opportunity to find banks to only 

24    invest in them, to provide them with mortgages 

25    and car loans and business loans.  


                                                               3256

 1                 The harder that we are on our 

 2    state-chartered banks, which are community banks, 

 3    our local banks -- the harder that we are on 

 4    them, the less they're going to provide critical 

 5    finances here in New York State, critical 

 6    support.

 7                 But also this is about interstate 

 8    commerce in a lot of ways.  This bill is saying 

 9    we're going to tell a bank in New York State 

10    where and how they can invest their money -- not 

11    in New York State government taxpayer money, the 

12    money that's given to them by private citizens, 

13    and how they can invest that.  

14                 And that's a very slippery slope.  

15    Because what's next?  Are we going to tell people 

16    that you can't invest in certain food companies 

17    because we don't like the way -- the food that 

18    they manufacture and sell and distribute?  Are we 

19    going to tell -- we're no longer going to allow 

20    people to invest in car companies because they 

21    make internal combustion engines instead of 

22    electric vehicles?  

23                 The list goes on and on of what a 

24    slippery slope this bill really is.  

25                 So once again, I'll be a no on this 


                                                               3257

 1    bill, and we will see what happens next.

 2                 Thank you, Mr. President.

 3                 ACTING PRESIDENT BAILEY:   Thank 

 4    you, Senator Borrello.

 5                 Are there any other Senators wishing 

 6    to be heard?

 7                 Seeing and hearing none, debate is 

 8    closed.

 9                 The Secretary will ring the bell.

10                 Senator Serrano.

11                 SENATOR SERRANO:   Mr. President, 

12    upon consent, we've agreed to restore this bill 

13    to the noncontroversial calendar.  

14                 ACTING PRESIDENT BAILEY:   Upon 

15    consent, the bill is restored to the 

16    noncontroversial calendar.  

17                 Read the last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.  

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Sanders to explain his vote.

25                 SENATOR SANDERS:   Thank you, 


                                                               3258

 1    Mr. President.

 2                 A point of information.  It was 

 3    stated that there are no private prisons in 

 4    New York State.  I have one in my district.  I 

 5    just wanted to state that.

 6                 Thank you, Mr. President.

 7                 ACTING PRESIDENT BAILEY:   Senator 

 8    Sanders to be recorded in the affirmative.

 9                 Senator Cleare to explain her vote.

10                 SENATOR CLEARE:   Thank you, 

11    Mr. President.

12                 While this bill has come to the 

13    floor on many occasions, today is probably one of 

14    the most important times in recent history.  That 

15    is because on the federal level, under the 

16    Trump administration, the use of private prisons 

17    for incarceration and detention is on the rise.

18                 In January 2025, a Trump executive 

19    order rescinded the Biden directive that required 

20    the Justice Department not to renew contracts 

21    with private prison firms.  Increased ICE 

22    activity virtually guarantees the for-profit 

23    companies who operate private prisons a pipeline 

24    of revenue.

25                 However, in New York, we're going to 


                                                               3259

 1    take the opposite course and the high road.  This 

 2    bill sets a very clear moral and policy principle 

 3    which follows upon the fact that we already 

 4    prohibit the operation of private prisons in 

 5    New York State, per Section 121 of the 

 6    Correction Law.

 7                 Senate Bill 114 extends this 

 8    principle further by prohibiting any 

 9    state-chartered banking institution from 

10    providing financing or investing in the stocks, 

11    securities, or other obligations of an entity 

12    that owns or operates a private correctional 

13    facility.

14                 New York has been wise enough to ban 

15    the very existence of private prisons in the 

16    state, and thus it is completely logical to 

17    prohibit banks chartered by the very same state 

18    from investing in an activity that we have 

19    declared is not only prohibited but morally 

20    unacceptable.

21                 As we stand here today, over 

22    115,000 people in this country are in private 

23    prisons, and the number being detained by ICE 

24    only adds to this alarming figure.  

25                 In my public service career I have 


                                                               3260

 1    helped numerous constituents who had family 

 2    members in private prisons, and the experience 

 3    was exceptionally burdensome.  It is often 

 4    impossible to make contact with your loved ones, 

 5    set up visits, or perform any kind of wellness 

 6    check.  There's no accountability, no care or 

 7    compassion.  Safety, health, labor and other 

 8    standards are lax.

 9                 New York banks should not be allowed 

10    to profit from institutions that the state itself 

11    deems impermissible to even exist, plain and 

12    simple.  

13                 I proudly vote aye, and I encourage 

14    my colleagues to do the same.

15                 ACTING PRESIDENT BAILEY:   Senator 

16    Cleare to be recorded in the affirmative.  

17                 Announce the results.  

18                 THE SECRETARY:   In relation to 

19    Calendar 186, voting in the negative are 

20    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

21    Chan, Gallivan, Griffo, Helming, Lanza, Mattera, 

22    Murray, Oberacker, O'Mara, Ortt, Rhoads, Rolison, 

23    Ryan, Stec, Tedisco, Walczyk, Weber and Weik.  

24    Also Senator Martins.  

25                 Ayes, 36.  Nays, 22.  


                                                               3261

 1                 ACTING PRESIDENT BAILEY:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    450, Senate Print 2224B, by Senator Krueger, an 

 5    act to amend the Legislative Law.

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    Walczyk, why do you rise?

 8                 SENATOR WALCZYK:   I rise to go 

 9    briefly on the bill and then would ask the 

10    sponsor to yield for some questions.

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Walczyk on the bill.

13                 SENATOR WALCZYK:   Thank you, 

14    Mr. President.

15                 We have in New York State a 

16    comprehensive lobbying regulation.  The purpose 

17    of the regulation is to provide those regulated 

18    by the Commission on Ethics and Lobbying in 

19    Government, as well as the public, a consolidated 

20    resource for understanding and complying with the 

21    requirements of our legislative law known as the 

22    Lobbying Act.  

23                 Under current law, every lobbyist 

24    must file a biannual registration statement if 

25    they receive more than $5,000 or more in 


                                                               3262

 1    reportable compensation.  

 2                 This bill clarifies that to be if 

 3    they receive five grand or more in reportable 

 4    compensation or expenses, they must file a 

 5    biennial registration statement.  The purpose of 

 6    the biennial registration statement is to 

 7    memorialize the engagement of the lobbyist by the 

 8    client and should reflect the current terms of 

 9    the engagement at any point in time.

10                 When people donate to a nonprofit, 

11    they expect their money to fulfill the mission of 

12    that charity, not to be spent on lobbyists.  

13                 And with that, Mr. President, I 

14    would ask the sponsor to yield.  

15                 ACTING PRESIDENT BAILEY:   Will the 

16    sponsor yield? 

17                 SENATOR MAYER:   I'm not the 

18    sponsor, but I'm happy to yield on behalf of 

19    Senator Krueger.

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Mayer yields in the stead of Senator Krueger.

22                 Senator Walczyk.

23                 SENATOR WALCZYK:   Through you, 

24    Mr. President.  

25                 This bill allows nonprofits to spend 


                                                               3263

 1    $10,000 a year on lobbyists without having to 

 2    file any reports, is that correct?

 3                 SENATOR MAYER:   Through you, 

 4    Mr. President.  

 5                 This bill changes the expenditure 

 6    threshold, currently at $5,000, to 10,000.  It 

 7    simply allows very small nonprofits to be exempt 

 8    from the requirement if they spend less than 

 9    $10,000.

10                 SENATOR WALCZYK:   Through you, 

11    Mr. President, will the sponsor continue to 

12    yield? 

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Mayer, do you yield?  

15                 SENATOR MAYER:   Yes.

16                 ACTING PRESIDENT BAILEY:   The 

17    sponsor yields.

18                 SENATOR WALCZYK:   Through you, 

19    Mr. President.  Is there a size of -- you said 

20    very small.  

21                 Is there a size requirement for the 

22    size of the nonprofit?  

23                 SENATOR MAYER:   Through you, 

24    Mr. President.  No, there aren't.  

25                 But there are, according to our 


                                                               3264

 1    reports, only 33 nonprofits that would fall 

 2    within this category statewide.  

 3                 SENATOR WALCZYK:   Mr. President, 

 4    will the sponsor continue to yield? 

 5                 ACTING PRESIDENT BAILEY:   Does the 

 6    sponsor yield?

 7                 SENATOR MAYER:   Yes.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.

10                 SENATOR WALCZYK:   Through you, 

11    Mr. President.  How did you arrive at the 33 if 

12    there's no threshold for the size?

13                 SENATOR MAYER:   Through you, 

14    Mr. President.  That's the COLEG reporting of the 

15    number of lobbyists who were between the 5,000 

16    and 10,000 threshold.

17                 SENATOR WALCZYK:   Would the sponsor 

18    continue to yield?

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield?

21                 SENATOR MAYER:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR WALCZYK:   Through you, 

25    Mr. President.  So -- and this applies in 2026, 


                                                               3265

 1    in our current calendar year, so even retroactive 

 2    for money that may have already been spent on 

 3    lobbying.  

 4                 You're saying there's 33 nonprofits 

 5    that have already exceeded the 5,000 threshold in 

 6    lobbying efforts?  

 7                 SENATOR MAYER:   Through you, 

 8    Mr. President.  According to the reports we have 

 9    from COLEG, there are 33 small nonprofits who 

10    have spent between $5,000 and $10,000 who would 

11    be impacted by this change.

12                 SENATOR WALCZYK:   Mr. President, 

13    would the sponsor continue to yield?  

14                 ACTING PRESIDENT BAILEY:   Does the 

15    sponsor yield?  

16                 SENATOR MAYER:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.

19                 SENATOR WALCZYK:   And just to be 

20    clear, that's 33 that have already exceeded the 

21    current statute of $5,000, so they're somewhere 

22    between $5,000 and $10,000 in lobbying this year?  

23                 SENATOR MAYER:   That's those who 

24    have filed who would be impacted by this change 

25    in law, yes.


                                                               3266

 1                 SENATOR WALCZYK:   Would the sponsor 

 2    continue to yield?  

 3                 ACTING PRESIDENT BAILEY:   Will the 

 4    sponsor yield?

 5                 SENATOR MAYER:   Yes.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    sponsor yields.

 8                 SENATOR WALCZYK:   Nonprofits are 

 9    prohibited from endorsing candidates or directly 

10    contributing to political campaigns.  

11                 Is there anything in this 

12    legislation that would require a lobbyist that's 

13    lobbying for a nonprofit not to be able to 

14    contribute to political campaigns or endorse 

15    candidates?  

16                 SENATOR MAYER:   Through you, 

17    Mr. President.  There's no change in the current 

18    law other than changing the threshold.

19                 SENATOR WALCZYK:   Would the sponsor 

20    continue to yield?  

21                 ACTING PRESIDENT BAILEY:   Will the 

22    sponsor yield?

23                 SENATOR MAYER:   Yes.

24                 ACTING PRESIDENT BAILEY:   The 

25    sponsor yields.


                                                               3267

 1                 SENATOR WALCZYK:   Some nonprofits 

 2    receive tax money from the State of New York to 

 3    implement various programs in our very benevolent 

 4    state.  

 5                 They would -- if this bill goes into 

 6    law, they would also be able to hire a lobbyist 

 7    up to $10,000 on retainer for each year.  Am I 

 8    understanding that correctly?

 9                 SENATOR MAYER:   Through you, 

10    Mr. President.  As I stated previously, there is 

11    no change other than the threshold number from 

12    5,000 to 10,000.  

13                 SENATOR WALCZYK:   Mr. President, 

14    will the sponsor continue to yield?

15                 ACTING PRESIDENT BAILEY:   Will the 

16    sponsor yield?

17                 SENATOR MAYER:   Yes.

18                 ACTING PRESIDENT BAILEY:   The 

19    sponsor yields.

20                 SENATOR WALCZYK:   And that means 

21    that that lobbying up to $10,000 wouldn't have to 

22    be filed and follow the rest of the regulations, 

23    so there would be no public disclosure on how 

24    that money was spent in the lobbying efforts?  

25                 Am I understanding that correctly, 


                                                               3268

 1    if this bill becomes law?  

 2                 SENATOR MAYER:   Through you, 

 3    Mr. President.  The threshold would only apply if 

 4    more than $10,000 was spent on lobbying.

 5                 SENATOR WALCZYK:   And would the 

 6    sponsor continue to yield?  

 7                 ACTING PRESIDENT BAILEY:   Will the 

 8    sponsor yield? 

 9                 SENATOR MAYER:   Yes.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.

12                 SENATOR WALCZYK:   Some nonprofits 

13    are also global in their nature.  While they are 

14    hosted here in the United States, they can in 

15    fact receive foreign monies.  

16                 Is there any prohibition in this 

17    legislation that would say if you've received 

18    foreign monies into your nonprofit, that you 

19    can't lobby in the State of New York and not 

20    disclose it up to $10,000, as we've already 

21    established?

22                 SENATOR MAYER:   Through you, 

23    Mr. President.  I recognize that my colleague is 

24    trying to imply other changes.  

25                 There is no other change other than 


                                                               3269

 1    5,000 to 10,000.

 2                 SENATOR WALCZYK:   Thank you.

 3                 Mr. President, on the bill.

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Walczyk on the bill.

 6                 SENATOR WALCZYK:   Many nonprofits 

 7    also have 501(c)(4)s.  Those are -- those are 

 8    their ability to really reach out and impact 

 9    PACs, political action committees, to issue 

10    advocacy campaigns, lobby, that sort of thing.  

11                 This bill would affect the 

12    501(c)(3)s.  There's been some reporting about 

13    501(c)(3)s showing that nonprofits have 

14    illegally, directly from the nonprofit, directly 

15    into political campaigns.  

16                 But there is also a loophole.  Right 

17    now that loophole is that if $5,000 or less is 

18    spent on a lobbyist for your nonprofit, you're 

19    not subject to the same reporting requirements 

20    that the rest of the lobbying world is, in this 

21    fat regulation on comprehensive regulations for 

22    lobbyists in the State of New York, that exists 

23    in order to make sure that there is transparency 

24    on the funding that is spent in lobbying.  

25                 And I know the people that work in 


                                                               3270

 1    these halls understand how these things work.

 2                 This bill would expand that lobbying 

 3    loophole for nonprofits, allowing up to $10,000 

 4    for a nonprofit -- we're talking about supposed 

 5    to be going to charity, people that donate to a 

 6    nonprofit believe that their money is going to 

 7    the actual thing that the nonprofit stands for, 

 8    not to be spent on a lobbyist.  

 9                 But if that nonprofit decides that 

10    it really needs to lobby, right now if they're 

11    spending over $5,000 on lobbying, it has to be 

12    publicly disclosed through our regulations.  And 

13    the public, including the contributors to that 

14    nonprofit, have to see it.

15                 This bill would expand that up to 

16    $10,000.  So you could funnel nonprofit money 

17    into lobbying firms that then show up to your 

18    campaign events, contribute to your campaigns.  

19                 It is a loophole that eliminates 

20    transparency at the same time that we're seeing 

21    reporting that nonprofits have directly 

22    contributed to campaigns.  That's already a 

23    mistake.  

24                 And then by admission from the 

25    stand-in for the sponsor today, 33 have already 


                                                               3271

 1    exceeded that $5,000 threshold this year -- have 

 2    already done the wrong thing, should have to 

 3    disclose to the people that have donated to those 

 4    nonprofits, to the people of the State of 

 5    New York, who often their tax money is donated to 

 6    those nonprofits and directed through our 

 7    budgetary process.

 8                 This bill is very bad for 

 9    transparency and headed down a very dangerous 

10    road.  And with that, I will be voting no, 

11    Mr. President, and encourage my colleagues to do 

12    the same.

13                 ACTING PRESIDENT BAILEY:   Thank 

14    you, Senator Walczyk.

15                 Are there any other Senators wishing 

16    to be heard?

17                 Senator Martins, why do you rise?

18                 SENATOR MARTINS:   Thank you, 

19    Mr. President.  If the sponsor would yield for a 

20    couple of questions.

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Mayer, do you yield?  

23                 SENATOR MAYER:   Yes.

24                 ACTING PRESIDENT BAILEY:   The 

25    sponsor yields.


                                                               3272

 1                 SENATOR MARTINS:   So is there 

 2    anything in this bill that would prevent several 

 3    not-for-profit 501(c)(3)s to each contribute up 

 4    to $5,000 or $10,000, in a cumulative effort to 

 5    influence policy?

 6                 SENATOR MAYER:   Through you, 

 7    Mr. President.  I believe that under current law 

 8    the concept of cumulative lobbying is not 

 9    authorized.

10                 You would have to file -- each 

11    not-for-profit would have to file their own 

12    lobbying expenses.  Which, I would point out,is a 

13    significant amount of work for small 

14    not-for-profits, as we know, in our communities.  

15    But each not-for-profit is required, under the 

16    law, to file its own disclosure.

17                 SENATOR MARTINS:   Thank you, 

18    Senator.  

19                 Mr. President, through you, if the 

20    sponsor would continue to yield.

21                 ACTING PRESIDENT BAILEY:   Will the 

22    Senator yield?

23                 SENATOR MAYER:   Yes.

24                 ACTING PRESIDENT BAILEY:   Senator 

25    Mayer yields.


                                                               3273

 1                 SENATOR MARTINS:   You keep using 

 2    the term "small not-for-profit."  But this really 

 3    has nothing to do with the size of the 

 4    not-for-profit, it merely has to do with the 

 5    amount that they're willing to absorb in lobbying 

 6    efforts.  Right?  

 7                 SENATOR MAYER:   Through you, 

 8    Mr. President.  The reason I am using the word 

 9    "small" is because the expenses associated with 

10    the filing are a burden on small not-for-profits, 

11    small being either small in staff, small in 

12    assets, or in other ways small.

13                 That is why, to my understanding, 

14    Senator Krueger sponsored this bill, to address 

15    the concerns of small not-for-profits in each of 

16    our communities who are burdened with using the 

17    contributions they receive in order to hire 

18    someone to do these complicated forms.  

19                 We are simply saying that the 

20    activities of up to $10,000 are such, in the 

21    current time, where they should not require you 

22    to go out and hire someone to do the form.  This 

23    is a modest amount of money, and it is not 

24    required to be disclosed under this bill up to 

25    $10,000.  


                                                               3274

 1                 SENATOR MARTINS:   Thank you.  

 2                 Mr. President, on the bill.

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Martins on the bill.

 5                 SENATOR MARTINS:   Thank you.

 6                 You know, it's a bit of a slippery 

 7    slope when we talk about things like this, 

 8    because you've always got to set a threshold.  

 9    And the threshold was set at $5,000, and I think 

10    for a reason.  

11                 When we start talking about small 

12    not-for-profits as opposed to large 

13    not-for-profits, all based on how much they're 

14    willing to spend to influence policy, we're 

15    missing the mark.  

16                 It has nothing to do with the size 

17    of the not-for-profit, Mr. President, it has 

18    everything to do with the public disclosure that 

19    should be expected when we are looking at a 

20    200 -- this year nearly $270 billion budget.  

21                 With an increase in spending in the 

22    billions year over year, what kind of 

23    accountability do we expect to have and should 

24    the public expect?  And is this the time when we 

25    should be loosening that kind of oversight?  


                                                               3275

 1                 Small not-for-profits, large 

 2    not-for-profits really have very little to do 

 3    with this issue.  It's how much they're willing 

 4    to expose themselves to scrutiny.  So you can 

 5    have a very large not-for-profit that chose not 

 6    to involve themselves in lobbying because they 

 7    didn't want to go through the effort.

 8                 But we've just -- through this bill 

 9    would increase that threshold and double it from 

10    5,000 to 10,000 just because we don't want to be 

11    a burden to small not-for-profits.

12                 But it has nothing to do with the 

13    size.  It has to do with the scrutiny and 

14    oversight that this law was initially supposed to 

15    provide.

16                 I'm concerned, although the 

17    spirit -- I'm concerned that we will have 

18    lobbying efforts from multiple 501(c)(3)s, each 

19    one lobbying up to that $10,000 threshold, 

20    aggregating it in order to influence public 

21    policy -- again, without having the necessary 

22    oversight.

23                 And here's the reality.  If you want 

24    to come here, if you want to influence policy, if 

25    you want to use your not-for-profit money or 


                                                               3276

 1    for-profit money to influence how we spend money 

 2    in the State Capitol, taxpayer funds, yeah, you 

 3    should be open to that scrutiny.  Why not?  

 4                 Why should we be lessening it just 

 5    for the sake of those 33, which miraculously I 

 6    guarantee you will multiply as we lessen that 

 7    threshold.  We're basically inviting people to go 

 8    out there and spend money lobbying up to $10,000.  

 9    And why would we do that without providing any 

10    oversight at all?  

11                 It's bad policy, Mr. President.  

12    I'll be voting no.

13                 ACTING PRESIDENT BAILEY:   Thank you 

14    Senator Martins.

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:   We've agreed to 

21    restore this bill to the noncontroversial 

22    calendar.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is restored to the noncontroversial calendar.

25                 Read the last section.


                                                               3277

 1                 THE SECRETARY:   Section 5.  This 

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

 3    shall have become a law.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Senator 

 8    Mayer to explain her vote.  

 9                 SENATOR MAYER:   Thank you, 

10    Mr. President.

11                 I find it somewhat concerning that 

12    this great fear about these small 

13    not-for-profits -- what I call small, and I think 

14    everyone would agree most of them are quite 

15    small -- is somehow a travesty to those who 

16    contribute.

17                 In the first place, this original 

18    limit that we have of 5,000 was enacted 21 years 

19    ago in the Laws of 2005.  I would say, given the 

20    current rate of inflation, any change, a modest 

21    change that affects 33 not-for-profits is 

22    perfectly reasonable and respective of the fact 

23    that people contribute and don't want their money 

24    to be spent on the hiring of a specialist to file 

25    the forms.  


                                                               3278

 1                 Let me tell you the names of a 

 2    number of the groups that fall within this.  

 3    Adirondack North Country Association.  Epilepsy 

 4    Foundation of Northeastern New York.  National 

 5    Multiple Sclerosis Society of New York.  A Place 

 6    for Rover, Inc.  St. Michael's Protestant 

 7    Episcopal Church.  Catholic Charities Community 

 8    Services of the Archdiocese of New York.  Friends 

 9    of the Earth.  Unique People's Services.  Justice 

10    Innovation.  Chautauqua County Humane Society.  

11    Mount Pleasant Cottage School Union Free School 

12    District.  Cerebral Palsy Associations of 

13    New York State, Inc.

14                 Of the very many organizations that 

15    are required to file, these 33 that I have before 

16    me should not be burdened by the requirement of 

17    filing simply because they hire someone to come 

18    up to Albany and work on one bill in a modest 

19    amount of time and spend less than $10,000.  

20                 This makes sense.  This is timely.  

21    And this is absolutely supportive of both the 

22    small not-for-profits and those that contribute 

23    to them.  

24                 I vote aye.

25                 ACTING PRESIDENT BAILEY:   Senator 


                                                               3279

 1    Mayer to be recorded in the affirmative.

 2                 Senator Rhoads to explain his vote.

 3                 SENATOR RHOADS:   Thank you, 

 4    Mr. President.

 5                 Many of my colleagues have made 

 6    excellent points on this side of the aisle.  What 

 7    concerns me is the apparent hypocrisy that's 

 8    coming out of this chamber with respect to 

 9    transparency.

10                 Less than a month ago, with 

11    lightning speed, we passed through the Senate -- 

12    and it also passed through the Assembly, landing 

13    language on the Governor's desk -- a bill 

14    requiring 501(c)(3)s and really even private 

15    individuals who simply want to come up and 

16    express their opinion with respect to nominations 

17    that come before this chamber -- not even policy, 

18    nominations that come before this chamber -- to 

19    go through the expense of actually filing as a 

20    lobbying organization.  That was incredibly 

21    important for the purposes of transparency.

22                 Yet here we are turning around and 

23    saying groups that actually spend money on 

24    lobbyists that will actually show up at campaign 

25    fundraisers, and actually donate to individual 


                                                               3280

 1    politicians, now we're saying, Nah, we really 

 2    don't need the transparency for that.

 3                 It is nonsense.  Either we are for 

 4    transparency or we are against it.  And it seems 

 5    as though the Majority in this chamber decides 

 6    that it wants to pick winners and losers as to 

 7    when disclosure for the people of the State of 

 8    New York is important and when it's not.  

 9                 I'll be voting no on this 

10    legislation.  Thank you, Mr. President.  

11                 ACTING PRESIDENT BAILEY:   Senator 

12    Rhoads to be recorded in the negative.

13                 Announce the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 450, 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.  Also Senator Skoufis.

21                 Ayes, 35.  Nays, 23.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    454, Senate Print 2708A, by Senator May, an act 


                                                               3281

 1    to amend the Public Service Law.

 2                 ACTING PRESIDENT BAILEY:   Senator 

 3    Walczyk, why do you rise?

 4                 SENATOR WALCZYK:   Mr. President, 

 5    would the sponsor yield?

 6                 ACTING PRESIDENT BAILEY:   Senator 

 7    May, do you yield?  

 8                 SENATOR MAY:   I do.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.

11                 SENATOR WALCZYK:   Through you, 

12    Mr. President.  

13                 This bill passed the 

14    Energy Committee last month, then was amended 

15    pretty significantly.  Can you describe your 

16    reasoning for the changes?

17                 SENATOR MAY:   Through you, 

18    Mr. President.  

19                 As my colleague is no doubt aware, 

20    this bill was vetoed last year.  And in the 

21    process, in the ensuing year, a lot of additional 

22    transmission technologies have been tested all 

23    over the country.  

24                 And so we expanded this bill to 

25    include a number of additional -- rather than 


                                                               3282

 1    just the grid-enhancing technologies that were 

 2    discussed last time, advanced transmission 

 3    technologies in general are comprehended in this 

 4    bill.

 5                 SENATOR WALCZYK:   And would the 

 6    sponsor continue to yield.  

 7                 ACTING PRESIDENT BAILEY:   Will the 

 8    sponsor yield? 

 9                 SENATOR MAY:   Yes.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.

12                 SENATOR WALCZYK:   Through you, 

13    Mr. President.

14                 So I'm seeing -- this was a NYSERDA 

15    study bill before.  Now utilities have to make an 

16    implementation plan, they have to both study and 

17    make an implementation plan to upgrade their 

18    infrastructure and their transmission under the 

19    new version of this bill that's changed pretty 

20    significantly in the last few weeks.

21                 Who pays for that plan?

22                 SENATOR MAY:   Through you, 

23    Mr. President.  Another part of the veto message 

24    last year was to say that they were already doing 

25    these things.  And what we know is that they are 


                                                               3283

 1    not actually taking into account these advanced 

 2    transmission technologies.  

 3                 Right now ratepayers pay a lot to 

 4    utilities for their increasing investments in new 

 5    infrastructure, which is a main way that 

 6    utilities make money for their shareholders.  

 7    They don't spend nearly enough time or energy on 

 8    trying to make the grid more efficient.  

 9                 And that's the purpose of this, is 

10    to move electrons faster and more efficiently to 

11    get rid of some of the bottlenecks that drive 

12    costs up.  So while there would be costs 

13    associated with this, the savings would be 

14    significantly more, estimated in the tens of 

15    millions of dollars a year to ratepayers around 

16    the state.

17                 SENATOR WALCZYK:   Mr. President, 

18    would the sponsor continue to yield?  

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield? 

21                 SENATOR MAY:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR WALCZYK:   So who would pay 

25    for that plan?  


                                                               3284

 1                 SENATOR MAY:   The savings would be 

 2    much greater than any investments that would be 

 3    made.  But ...

 4                 (Pause.)

 5                 SENATOR MAY:   Through you, 

 6    Mr. President.  The cost of the studies is 

 7    estimated at about $250,000.  But as I said, the 

 8    returns are in the millions.  And that would be a 

 9    savings for ratepayers.

10                 SENATOR WALCZYK:   Would the sponsor 

11    continue to yield.

12                 ACTING PRESIDENT BAILEY:   Will the 

13    sponsor yield?

14                 SENATOR MAY:   I will.

15                 ACTING PRESIDENT BAILEY:   The 

16    sponsor yields.

17                 SENATOR WALCZYK:   Through you, 

18    Mr. President.  This also requires an 

19    implementation plan.  And who would pay for the 

20    upgrades once it's implemented?  

21                 SENATOR MAY:   Through you, 

22    Mr. President.  The implementation plan would -- 

23    is not required to be fulfilled, is my 

24    understanding.

25                 These are voluntary.  But the idea 


                                                               3285

 1    is we want the utilities to be doing this kind of 

 2    study so that they can save money for ratepayers, 

 3    as I said before.

 4                 So again, it will be voluntary if 

 5    the -- if there are outlays.

 6                 SENATOR WALCZYK:   Would the sponsor 

 7    continue to yield?  

 8                 ACTING PRESIDENT BAILEY:   Will the 

 9    sponsor yield? 

10                 SENATOR MAY:   I do.

11                 ACTING PRESIDENT BAILEY:   The 

12    sponsor yields.

13                 SENATOR WALCZYK:   Through you, 

14    Mr. President.  

15                 Page 3, line 1:  "The commission 

16    shall review implementation plans submitted under 

17    paragraph A of this subdivision and, where 

18    consistent with the public interest, direct the 

19    timely deployment of the technologies identified 

20    in such implementation plans."

21                 If the PSC is directing a utility to 

22    implement their plan, how is that voluntary?

23                 SENATOR MAY:   Through you, 

24    Mr. President.  So these studies will be done in 

25    the context of a rate-increase request.  


                                                               3286

 1                 And the idea is to get them to do, 

 2    as it says, consistent with the public interest, 

 3    investments that will actually save money 

 4    compared to the large-scale infrastructure 

 5    investments that they would be proposing 

 6    otherwise.

 7                 SENATOR WALCZYK:   Through you, 

 8    Mr. President, would the sponsor continue to 

 9    yield.

10                 ACTING PRESIDENT BAILEY:   Will the 

11    sponsor yield? 

12                 SENATOR MAY:   Yes.

13                 ACTING PRESIDENT BAILEY:   The 

14    sponsor yields.

15                 SENATOR WALCZYK:   And through you, 

16    Mr. President.  So just to get it on the record, 

17    the public interest would not include CLCPA, any 

18    guidance there, it would -- so you're saying this 

19    bill is specifically targeted at cost 

20    effectiveness.  

21                 This plan could only be directed by 

22    the PSC to be implemented by a utility if it 

23    actually reduces the cost for the ratepayer?  Is 

24    that the case?  

25                 SENATOR MAY:   Through you 


                                                               3287

 1    Mr. President, yes.  

 2                 SENATOR WALCZYK:   Through you, 

 3    Mr. President, would the sponsor continue to 

 4    yield.

 5                 ACTING PRESIDENT BAILEY:   Will the 

 6    sponsor yield? 

 7                 SENATOR MAY:   Yes.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.

10                 SENATOR WALCZYK:   This bill still 

11    includes a NYSERDA study that was vetoed when 

12    you -- and that study is due a year after the 

13    implementation of the law.  The utility piece 

14    also goes into effect a year after the 

15    implementation.

16                 Why would we pay for a NYSERDA 

17    study -- which is also paid for by ratepayers -- 

18    at the same time we're expecting the utilities to 

19    create an implementation plan, do their own 

20    study, also paid for by the ratepayers?  Why does 

21    the NYSERDA piece still exist in your bill if 

22    they're both running concurrently and on the same 

23    timeline?

24                 SENATOR MAY:   Through you, 

25    Mr. President.  So the idea is NYSERDA is 


                                                               3288

 1    creating criteria for future rate-case 

 2    implementation plans.  The rate-case 

 3    implementation plans would trigger the actual PSC 

 4    implementation of this.

 5                 So either way, we are trying to 

 6    insert into all of these processes cost savings 

 7    that are not being realized right now.

 8                 SENATOR WALCZYK:   Mr. President, 

 9    would the sponsor continue to yield.

10                 ACTING PRESIDENT BAILEY:   Will the 

11    sponsor yield? 

12                 SENATOR MAY:   I do.

13                 ACTING PRESIDENT BAILEY:   The 

14    sponsor yields.

15                 SENATOR WALCZYK:   Why would you 

16    need NYSERDA criteria if this is optional for 

17    utilities to do?  

18                 SENATOR MAY:   Through you, 

19    Mr. President.  These -- there is a large array 

20    of these technologies.  And figuring out which 

21    ones are appropriate in which areas of New York 

22    State, in which -- to which utility systems in 

23    New York State, to which -- and just which 

24    technologies as they are rapidly evolving are the 

25    most cost-effective to implement -- is something 


                                                               3289

 1    that should be done overall so that it can be 

 2    applicable to the specific implementation.

 3                 SENATOR WALCZYK:   Mr. President, 

 4    would the sponsor continue to yield.

 5                 ACTING PRESIDENT BAILEY:   Will the 

 6    sponsor yield? 

 7                 SENATOR MAY:   I will.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.  

10                 SENATOR WALCZYK:   Through you, 

11    Mr. President.  

12                 As you mentioned earlier, this bill 

13    was vetoed in the past, and from that veto 

14    message 119, adding this new requirement along 

15    with an additional reporting requirement creates 

16    a duplicative and expensive process for utilities 

17    and ultimately ratepayers at the conclusion of 

18    that veto message.

19                 On page 2 of your bill, utilities 

20    would -- in their implementation plan, they would 

21    own and operate battery storage facilities.  Am I 

22    reading that correctly?

23                 SENATOR MAY:   Through you, 

24    Mr. President, battery storage is one of the 

25    options that is comprehended under advanced 


                                                               3290

 1    transmission technologies.  And so that could be 

 2    an option.

 3                 SENATOR WALCZYK:   Would the sponsor 

 4    continue to yield.

 5                 ACTING PRESIDENT BAILEY:   Will the 

 6    sponsor yield? 

 7                 SENATOR MAY:   Yes.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.

10                 SENATOR WALCZYK:   And through you, 

11    Mr. President, utilities must implement plans for 

12    data center growth at the cost of ratepayers as 

13    well?

14                 SENATOR MAY:   Through you, 

15    Mr. President, yes.

16                 SENATOR WALCZYK:   Mr. President, 

17    would the sponsor continue to yield.

18                 ACTING PRESIDENT BAILEY:   Does the 

19    sponsor yield?  

20                 SENATOR MAY:   I do.

21                 ACTING PRESIDENT BAILEY:   The 

22    sponsor yields.

23                 SENATOR WALCZYK:   How does having 

24    ratepayers pay for utilities to upgrade the grid 

25    to prepare for data center growth, how does that 


                                                               3291

 1    reduce the cost for ratepayers?

 2                 SENATOR MAY:   Through you, 

 3    Mr. President.  First of all, upgrade the grid is 

 4    a loaded term, I would say, because we're not 

 5    talking about building whole new, extremely 

 6    expensive transmission infrastructure -- which 

 7    may be necessary in New York State, but we are 

 8    trying to avoid some of those huge expenses by 

 9    directing the PSC and the utilities to find 

10    cheaper ways to move those electrons around the 

11    system.  

12                 Which may include any number of 

13    software and hardware interventions in the 

14    transmission system as it exists now.

15                 SENATOR WALCZYK:   Would the sponsor 

16    continue to yield.

17                 ACTING PRESIDENT BAILEY:   Will the 

18    sponsor yield?  

19                 SENATOR MAY:   I will.

20                 ACTING PRESIDENT BAILEY:   The 

21    sponsor yields.

22                 SENATOR WALCZYK:   Data centers 

23    specifically are known to use a lot of power.  

24    That's a lot of the concerns of ratepayers across 

25    the State of New York, many of them saying, Do 


                                                               3292

 1    not bring data centers here, our prices are 

 2    already 50 percent higher than the national 

 3    average.  We can't afford to bring these things 

 4    online until we create some actual production and 

 5    reduce the cost.  

 6                 So that's why I pointed out in your 

 7    bill the increased flexibility and rationality in 

 8    long-term planning, including for data center 

 9    growth and other major load growth.

10                 How can we read that line in your 

11    bill, the requirement that utilities under this 

12    law be directed by the PSC to implement data 

13    center growth in the State of New York -- how 

14    could ratepayers anticipate that that's going to 

15    lower their energy bill?

16                 (Pause.)

17                 SENATOR MAY:   Through you, 

18    Mr. President.  This does not stipulate data 

19    center growth.  

20                 It just means that there needs to be 

21    a plan for growth in general, which we anticipate 

22    to be accelerating because of things like AI and 

23    data centers and -- and, let's say, the Micron 

24    project in Central New York.  

25                 There are a lot of pressures on the 


                                                               3293

 1    grid right now and a lot of pressure, as I've 

 2    said multiple times, to build out a lot of new, 

 3    expensive infrastructure.  This is directing the 

 4    various players to figure out if there are ways 

 5    to do it more cheaply.  And efficiently.

 6                 SENATOR WALCZYK:   Mr. President, 

 7    briefly on the bill.

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Walczyk on the bill.

10                 SENATOR WALCZYK:   Yeah, on page 2 

11    of your bill it absolutely does stipulate -- 

12    line 36, "including for data center growth."  It 

13    is absolutely stipulated in this bill.  

14                 Forcing utilities to pay for 

15    upgrades in the area where a data center may be 

16    preparing for that growth, that would be at the 

17    cost of the ratepayers.  This bill would require 

18    them to bring it into their next rate case when 

19    they're asking for an increase in how much your 

20    bill is going to go up and how much money they're 

21    going to get additionally out of New Yorkers that 

22    are paying for electric and natural gas in our 

23    state -- would require them to pay more in order 

24    to prepare for data center growth.  

25                 At least that's how it's written.  I 


                                                               3294

 1    didn't write the bill.

 2                 And with that, Mr. President, would 

 3    the sponsor yield?  

 4                 ACTING PRESIDENT BAILEY:   Will the 

 5    sponsor yield?

 6                 SENATOR MAY:   I would.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    sponsor yields.  

 9                 SENATOR WALCZYK:   Through you, 

10    Mr. President.  How do you expect giving our 

11    utility companies -- NYSEG, National Grid, 

12    Con Ed -- more control over power and battery 

13    storage will lower energy bills?

14                 SENATOR MAY:   Through you, 

15    Mr. President.  Let me first address the previous 

16    comments, which is this bill does not stipulate 

17    data center growth in New York.  It just 

18    recognizes that data centers are growing 

19    everywhere and putting pressure on our grid here 

20    in New York as elsewhere in the country.  So 

21    planning for them is only sensible.

22                 In terms of battery storage, right 

23    now one of the biggest expenses to utility 

24    ratepayers comes from peak energy that we -- when 

25    there is a heat wave or some other peak demand 


                                                               3295

 1    event, the utilities are buying energy at very 

 2    high costs, usually from out of state, and 

 3    passing that cost on to ratepayers.

 4                 Battery storage allows them to bank 

 5    the energy against those kinds of events so that 

 6    they can bring those peak costs down and save 

 7    ratepayers an enormous amount of money.  

 8                 This is something we heard last week 

 9    about -- there were several debates about 

10    utility-related bills, and someone mentioned that 

11    utility rates are lower in Pennsylvania.  

12    Pennsylvania also has old utility infrastructure, 

13    but they use these technologies.  And it has 

14    brought down rates as much as 40 percent in some 

15    places.

16                 So all of these technologies 

17    together have the impact of shifting us away from 

18    peak energy costs and distributing those costs in 

19    ways that they are much lower for the ratepayers.

20                 SENATOR WALCZYK:   Mr. President, 

21    would the sponsor continue to yield?  

22                 ACTING PRESIDENT BAILEY:   Will the 

23    sponsor yield?

24                 SENATOR MAY:   I do.

25                 ACTING PRESIDENT BAILEY:   The 


                                                               3296

 1    sponsor yields.

 2                 SENATOR WALCZYK:   How much -- if 

 3    your bill becomes law, how much can utility 

 4    ratepayers expect their energy bills to go down?

 5                 SENATOR MAY:   Through you, 

 6    Mr. President.  There are various estimates.  As 

 7    I mentioned before, tens of millions of dollars a 

 8    year are one of the estimates we've heard.  As I 

 9    said, in Pennsylvania they've seen 40 percent 

10    decreases in some markets.

11                 I -- I can't say exactly.  But I can 

12    say that this issue of peak energy, especially 

13    now that global fossil fuel energy costs have 

14    gone up so dramatically, that the savings could 

15    be very significant.

16                 SENATOR WALCZYK:   Through you, 

17    Mr. President, would the sponsor continue to 

18    yield?  

19                 ACTING PRESIDENT BAILEY:   Will the 

20    sponsor yield?

21                 SENATOR MAY:   Yes.

22                 ACTING PRESIDENT BAILEY:   The 

23    sponsor yields.

24                 SENATOR WALCZYK:   I just want to go 

25    back to an earlier part of our discussion -- 


                                                               3297

 1    through you, Mr. President.  

 2                 The cost-effectiveness, if the PSC 

 3    is looking at this, would that include just 

 4    specific to ratepayers?  Or would they think 

 5    about global costs, health benefits, the planet, 

 6    carbon emissions and the impact on human life and 

 7    the cost savings in some of the ways that 

 8    individuals have calculated the costs?  

 9                 I know it can get pretty funny here.  

10    But I just want to be sure, especially as we're 

11    establishing legislative intent, you're talking 

12    about specifically the PSC cannot direct 

13    utilities to implement a plan unless it directly 

14    affects lowering cost rates.  Am I reading you 

15    correctly?  

16                 SENATOR MAY:   Through you, 

17    Mr. President, that's correct.  

18                 And there is an enumeration of some 

19    of the considerations that can be taken.

20                 SENATOR WALCZYK:   Thank you.

21                 Mr. President, on the bill.

22                 ACTING PRESIDENT BAILEY:   Senator 

23    Walczyk on the bill.

24                 SENATOR WALCZYK:   New York State's 

25    energy prices are 50 percent higher than the 


                                                               3298

 1    national average.  And you might ask:  Could it 

 2    get worse?  Yup.  In the 1990s we had some of the 

 3    highest rates in the nation.  Believe it or not, 

 4    we were even less competitive in the 1990s, and 

 5    we didn't even have the CLCPA yet.  All the 

 6    green-energy subsidy that you're seeing on your 

 7    bills right now did not exist, and we were 

 8    leading nationally in high energy costs anyway.  

 9                 Then, utilities had a monopoly so 

10    they could control both production and 

11    distribution.  And what we did is the 

12    Public Service Commission -- believe it or not, 

13    there was a time they looked out for the 

14    ratepayers at the Public Service Commission -- 

15    they decoupled production and delivery.  So our 

16    utility companies became in charge of the lines.  

17                 Other independent power producers 

18    became competitive, because they had to compete 

19    through the NYISO for the daily rates of 

20    producing energy for our grid.  It made us more 

21    competitive.

22                 This bill will force utilities to 

23    raise rates.  It allows them to monopolize 

24    battery storage.  It forces them to raise rates 

25    to bring on data center growth.  And the NYSERDA 


                                                               3299

 1    study that was vetoed for being duplicative and 

 2    costing ratepayers money that they were already 

 3    spending on these things, still exists in this 

 4    bill.

 5                 So the ratepayers will be getting 

 6    hit twice.  Their utility company, when they go 

 7    to the PSC with a rate case, will have to come up 

 8    with a plan ready to be implemented, ready for 

 9    the PSC to tell them, yes, do this plan for more 

10    batteries and data-center growth and upgrading 

11    your transmission lines the way that we said.  

12                 At the same time, NYSERDA will be 

13    taking both your tax money and your ratepayer 

14    money and be studying the thing that they're 

15    already in charge of doing at the utility end.

16                 Could it get worse?  Yeah.  If you 

17    support bills like this, rates will continue to 

18    go up.  

19                 I'll be voting no and hope my 

20    colleagues will do the same.  

21                 Thank you.

22                 ACTING PRESIDENT BAILEY:   Are there 

23    any other Senators wishing to be heard?

24                 Seeing and hearing none, debate is 

25    closed.


                                                               3300

 1                 Senator Liu.

 2                 SENATOR LIU:   Mr. President, upon 

 3    consent, we've agreed to restore this bill to the 

 4    noncontroversial calendar.

 5                 ACTING PRESIDENT BAILEY:   On 

 6    consent, the bill is restored to the 

 7    noncontroversial calendar.

 8                 Read the last section.

 9                 THE SECRETARY:   Section 3.  This 

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

11    shall have become a law.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Senator 

16    May to explain her vote.  Excuse me.  

17                 Senator Harckham to explain his 

18    vote.

19                 SENATOR HARCKHAM:   Thank you very 

20    much, Mr. President.  

21                 I rise to thank Senator May for this 

22    important piece of legislation.

23                 I won't even address the just utter 

24    fabrication that we just heard as to what this 

25    bill represents, an utter fabrication about the 


                                                               3301

 1    CLCPA.  

 2                 What I will say quite simply is 

 3    there are several studies out there that show our 

 4    grid operates at 50 percent efficiency.  Fifty 

 5    percent efficiency.  We talk a lot in this 

 6    chamber about getting taxpayers their value for 

 7    their money.  Any business or any system 

 8    operating at 50 percent efficiency is not good 

 9    for ratepayers or taxpayers.

10                 All this bill is saying is let's 

11    study how we can utilize the new technologies the 

12    rest of the country and the rest of the world are 

13    using to make the grid more efficient, more 

14    cost-effective, and less expensive.  And the rest 

15    we heard was folly.  

16                 I strongly support this bill.  I 

17    thank the sponsor.  I'll be voting aye.

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Harckham to be recorded in the affirmative.

20                 Senator Skoufis to explain his vote.

21                 SENATOR SKOUFIS:   Thank you very 

22    much, Mr. President.  

23                 Whether you want to use the word 

24    "fabrication" -- I was going to use 

25    "mischaracterization."  That's a lot of what we 


                                                               3302

 1    heard during this debate.  

 2                 Unfortunately, this bill is very 

 3    simple, it's very modest.  It requires a study.  

 4    It can require a study; it doesn't even have to 

 5    require a study when there's a capital 

 6    improvement being sought.  It requires an 

 7    analysis -- it can require an analysis.

 8                 But to be clear, this bill does not 

 9    in any way, shape or form promote data centers.  

10    And to be clear, as the sponsor noted in her 

11    remarks, this just is an acknowledgment that data 

12    centers are cropping up throughout New York 

13    State.  And they pose a severe challenge, and 

14    this bill presents a modest way of perhaps 

15    reconsidering how to approach this type of 

16    challenge.

17                 I encourage my colleague from across 

18    the aisle to instead spend some time on, for 

19    example, what we heard reported this morning, 

20    just today.  And that is that we have an IDA in 

21    this state, the Rockland County IDA, that issued 

22    $77 million in tax breaks -- half of which, by 

23    the way, would have been state revenue.  

24                 For what?  To support, to promote a 

25    data center that creates one single job.  The 


                                                               3303

 1    largest per-job subsidy -- not just in New York 

 2    State history, in our nation's history.  

 3                 We should spend less time 

 4    mischaracterizing a good bill like this.  And if 

 5    we actually care about our rates and actually 

 6    care about our grid and how much energy is being 

 7    pulled from it by these data centers, I suggest 

 8    we start there instead.

 9                 I vote yes.

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Skoufis to be recorded in the affirmative.

12                 Senator Walczyk to explain his vote.

13                 SENATOR WALCZYK:   Thank you, 

14    Mr. President.  Maybe I should have kept us on 

15    debate a little bit longer.

16                 When the commission reviews the 

17    plan, there's also a line in this bill that says 

18    "direct the timely deployment of the technologies 

19    identified in the plan."  That's not an option.  

20    And part of that plan includes data-center 

21    growth.  

22                 So let me just be clear.  I'll be a 

23    no, Mr. President.  But I don't like to say that 

24    it's mischaracterized.  I didn't write this bill.  

25    Those are the changes that you're writing into 


                                                               3304

 1    law today.

 2                 I'll be voting no.  Thank you.

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Walczyk to be recorded in the negative.

 5                 Senator May to explain her vote.

 6                 SENATOR MAY:   Thank you, 

 7    Mr. President.

 8                 And I want to thank my colleagues 

 9    who spoke in favor of this bill.

10                 New York State and the entire 

11    Northeast has an energy affordability problem 

12    because our grid is so old and desperately in 

13    need of upgrades of various kinds.  We only hear 

14    from the utilities now about building out more of 

15    the grid because that is where they make money 

16    that they can share with their shareholders.

17                 And when we ask them to be more 

18    efficient in their use of the grid to employ 

19    technologies that will actually deliver energy 

20    more cheaply to their ratepayers, they are 

21    typically pretty resistant of that.

22                 Which is why you do need to either 

23    goad them or require them to at least study the 

24    idea of what could be more efficient.  Especially 

25    in a -- in a proceeding where they're proposing a 


                                                               3305

 1    rate hike, it is only appropriate for us to 

 2    direct them and give them some guidance about the 

 3    various technologies that could be used to make a 

 4    difference in this case.

 5                 I think this is the only responsible 

 6    way to treat our ratepayers, to make sure that we 

 7    are directing the people who are delivering the 

 8    energy to know and study and, if and when 

 9    possible, employ the latest technologies that can 

10    maybe sense where the grid is hotter and cooler 

11    and direct the electrons to move in the right 

12    direction so that -- by the path of least 

13    resistance.  That is the whole idea here.

14                 And it -- it works.  It is working 

15    in many parts of the country.

16                 I suspect there is a subtext here 

17    about battery storage that we didn't pursue very 

18    much in debate.  But I just want to say New York 

19    State takes very seriously the fact that there 

20    have been some battery storage fires in the past.  

21                 The Governor put together a panel of 

22    experts from all over the country to study that 

23    problem and come up with new fire safety codes 

24    for battery storage in New York State that are 

25    now the strongest in the entire country.


                                                               3306

 1                 And I believe that is one of many 

 2    technologies that are available to us to actually 

 3    steer our energy costs away from the high peak 

 4    energies that we are all paying for right now.

 5                 So I'm proud of this bill.  I hope 

 6    that it -- I hope that it will overcome the veto 

 7    that occurred last time.  I hope that all of the 

 8    evidence of how much good advanced transmission 

 9    technologies are doing elsewhere in the country 

10    will really move the needle and convince the 

11    Governor this time that it's worth signing this 

12    bill into law.

13                 I vote aye.

14                 ACTING PRESIDENT BAILEY:   Senator 

15    May to be recorded in the affirmative.

16                 Announce the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 454, voting in the negative are 

19    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

20    Griffo, Helming, Lanza, Martins, Mattera, Murray, 

21    Oberacker, O'Mara, Ortt, Rhoads, Stec, Walczyk 

22    and Weik.  Also Senators Tedisco and Gallivan.

23                 Ayes, 40.  Nays, 18.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               3307

 1                 THE SECRETARY:   Calendar Number 

 2    654, Senate Print 2078, by Senator Mayer, an act 

 3    to amend the Labor Law.

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Murray, why do you rise? 

 6                 SENATOR MURRAY:   Thank you, 

 7    Mr. President.  

 8                 Would the sponsor yield for a few 

 9    questions, please?  

10                 ACTING PRESIDENT BAILEY:   Will the 

11    sponsor yield?  

12                 SENATOR MAYER:   Yes.

13                 ACTING PRESIDENT BAILEY:   The 

14    sponsor yields.  

15                 SENATOR MURRAY:   Thank you.  

16    Through you, Mr. President.  

17                 So under this section -- I'm just 

18    trying to get some clarification as to the 

19    process.  Under this, under Section 2, 

20    subdivision 1, section (f) and (i), it says:  

21    Upon notification that an employer has been 

22    convicted of failing to pay the wages of an 

23    employee pursuant to subdivision 1 of 

24    Section 198A of this article, failing to pay 

25    minimum wage or overtime pay, pursuant to 


                                                               3308

 1    Section 662 of this article, or "Wage Theft" 

 2    under Section 155.05 of the Penal Law.  

 3                 It's saying "conviction."  It's my 

 4    understanding that under the Penal Law, that 

 5    would be criminal.  But the first two would be 

 6    Labor Law, which would be an administrative 

 7    hearing.  Is that correct?  Or does it go -- 

 8    everything go to criminal court?

 9                 (Pause.)

10                 SENATOR MAYER:   Through you, 

11    Mr. President.  The sections that you were 

12    referring to refer to convictions of criminal 

13    penalties under the Labor Law.  

14                 So the person is convicted in a 

15    criminal court of violations of the Labor Law.  

16    And that would prompt the next part of the 

17    process.

18                 SENATOR MURRAY:   Through you, 

19    Mr. President, would the sponsor continue to 

20    yield. 

21                 ACTING PRESIDENT BAILEY:   Will the 

22    sponsor yield? 

23                 SENATOR MAYER:   Yes.

24                 ACTING PRESIDENT BAILEY:   The 

25    sponsor yields.


                                                               3309

 1                 SENATOR MURRAY:   So for 

 2    clarification, they will go through the criminal 

 3    court process completely and have to be 

 4    convicted.  It's not an administrative hearing 

 5    through the Department of Labor.  Is that 

 6    correct?

 7                 SENATOR MAYER:   Through you, 

 8    Mr. President, yes, that's correct.  

 9                 SENATOR MURRAY:   Okay.  Thank you.  

10                 Mr. President, on the bill.

11                 ACTING PRESIDENT BAILEY:   Thank 

12    you.  Senator Murray on the bill.

13                 SENATOR MURRAY:   Thank you, 

14    Senator Mayer, for that clarification.  

15                 My concern here is only that there 

16    remains some confusion.  I'm a little concerned 

17    about the smaller businesses.  Over the past 

18    couple of years, under Labor Law Section 190 and 

19    191, we've had the frequency of pay issue, the 

20    issue of manual labor.  And when those claims 

21    were filed, attached to that many times was 

22    wage theft, which isn't really attached to that.  

23                 I understand what the attorneys were 

24    trying to do, but it had a terrible impact on 

25    small businesses throughout the state.


                                                               3310

 1                 Now, in the last budget, either last 

 2    year or the year before, we recognized that and 

 3    took some action to minimize the penalties to the 

 4    companies, because the confusion still remains 

 5    under exactly what qualifies as manual labor in 

 6    regard to the frequency of pay.

 7                 My concern here is we never did 

 8    clarify that.  The commissioner never actually -- 

 9    I have a bill that actually would require the 

10    commissioner to clarify exactly which positions 

11    qualify as manual labor for the purposes of 

12    paying the employees.  

13                 Let me be clear.  Wage theft is 

14    abhorrent.  It should never occur.  If these 

15    workers work hard, they earn their pay, they 

16    deserve to be paid properly, period.  And if an 

17    employer doesn't do that, on purpose, then they 

18    need to be convicted and penalized, and they 

19    should have their license stripped.

20                 My concern is with the confusion 

21    still there under the frequency of pay issue, 

22    there can be mistakes.  And so I want to be 

23    careful that we're not under a first incident 

24    where it might have truly been a mistake that 

25    someone is now going to lose their license.  


                                                               3311

 1                 We already are one of the most 

 2    business-unfriendly states in the entire country.  

 3    I don't want to add to that.

 4                 So for that reason I'd like to see a 

 5    little more discussion on this, a little more 

 6    clarity, and really I'd like the commissioner to 

 7    step forward and clarify the frequency of pay 

 8    issue before we go this step.  

 9                 So I'll be voting no.  Thank you, 

10    Mr. President.

11                 ACTING PRESIDENT BAILEY:   Thank 

12    you, Senator Murray.  

13                 Are there any other Senators wishing 

14    to be heard?  

15                 Seeing and hearing none, debate is 

16    closed.

17                 Senator Gianaris.

18                 SENATOR GIANARIS:   Mr. President, 

19    we've agreed to restore this bill to the 

20    noncontroversial calendar.

21                 ACTING PRESIDENT BAILEY:   This bill 

22    has been -- we have agreed to restore this bill 

23    to the noncontroversial calendar.

24                 Read the last section.

25                 THE SECRETARY:   Section 8.  This 


                                                               3312

 1    act shall take effect immediately.  

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Mayer to explain her veto.

 7                 SENATOR MAYER:   Thank you, 

 8    Mr. President.  And thank you to my colleague for 

 9    asking questions.  

10                 This bill has nothing to do with a 

11    mistake.  This bill has to do when people, 

12    employers, particularly employers who 

13    disadvantage other small companies, don't pay 

14    people what they're owed and there are criminal 

15    charges, criminal charges filed by a district 

16    attorney.

17                 This bill was prompted by a case in 

18    my county where individuals tried to get the 

19    money they were owed administratively from a 

20    small contractor.  In May '22, this contractor 

21    was arrested for failing to pay wages.  He 

22    changed the name of his company and then was 

23    arrested a second time and a third time, each 

24    time failing to pay wages.  And there were 

25    criminal charges.  He changed the name of his 


                                                               3313

 1    business while the first two cases were pending 

 2    and avoided recognition as the defendant in these 

 3    separate wage-theft cases.  These are criminal 

 4    cases, not administrative cases.  

 5                 Now he has been charged a fourth 

 6    time by the district attorney of Westchester 

 7    County -- thank you to her.  

 8                 These individuals are people who are 

 9    paid such small amounts -- let me just tell you 

10    how small the amounts are.  

11                 One employee was hired at a daily 

12    rate of $160.  He's owed $8,400 for work over 

13    three years.  

14                 Another employee was to be paid $900 

15    a week for demolition, painting, carpentry and 

16    drywall.  He was either not paid or his paychecks 

17    bounced, for a total of 19,000.  

18                 We are talking about working people 

19    thinking they are going to get paid for a day's 

20    work, an honest wage.  They have done everything 

21    right.  They went to the Department of Labor, 

22    they went to the district attorney.  The district 

23    attorney -- one district attorney brought three 

24    cases; another one brought a fourth case.  

25                 There was simply not a way to ensure 


                                                               3314

 1    this doesn't happen.  And it really hurts the 

 2    other small businesses who basically, in my 

 3    opinion, should call out this kind of contractor 

 4    rather than defending him.  They should call out 

 5    these bad actors.  

 6                 This bill actually sets a penalty 

 7    and gives courts the power to stop them from 

 8    doing business.  We need to protect our neighbors 

 9    who are doing these low-wage jobs, make sure they 

10    get paid for a day's work.  That's what this bill 

11    does.

12                 I vote aye.

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Mayer to be recorded in the affirmative.

15                 Senator Murray to explain his vote.

16                 SENATOR MURRAY:   Thank you, 

17    Mr. President.  

18                 And in that scenario, I agree with 

19    you a thousand percent.  And in most, I would 

20    say, I would agree a thousand percent.  As I 

21    said, there is no place for those types of bad 

22    actors, absolutely no place.  

23                 Now let me give you an example that 

24    happened in my district.  Two sisters saved all 

25    their lives, worked through fast food 


                                                               3315

 1    restaurants, saved up enough money to finally 

 2    open their own Dairy Queen establishment.  They 

 3    got caught up in this frequency of pay issue.  On 

 4    top of it, wage theft charges were put on top, 

 5    which really didn't apply.  But when it went 

 6    through the system, they got caught up in it.  

 7                 It didn't get to the criminal court 

 8    where they were convicted because their attorneys 

 9    urged them, Settle everything and we'll agree to 

10    drop this, that and the other.  

11                 My concern is maybe we could make 

12    the language -- hone it in a little bit to 

13    protect the people that truly are trying to do it 

14    right, that aren't trying to rip off their 

15    workers, that aren't trying to be bad actors.  

16    And it still can happen, in this case.  

17                 What I'd like to see is that we hone 

18    the language a little bit more to protect our 

19    small business owners as well.  Because if we do 

20    take the licenses away in a case where a mistake 

21    was made, we're putting people out of work as 

22    well.  So I'd like there to be a little more 

23    discussion on this bill.

24                 Thank you.

25                 ACTING PRESIDENT BAILEY:   Senator 


                                                               3316

 1    Murray to be recorded in the negative.

 2                 Senator Martins to explain his vote.

 3                 SENATOR MARTINS:   Thank you, 

 4    Mr. President.  

 5                 I rise to support the bill.  I want 

 6    to thank the sponsor for the bill.

 7                 Look.  We have a tremendous problem 

 8    in New York State when it comes to wages, when it 

 9    comes to paying people what they are due, whether 

10    it's certified payrolls on public jobs and 

11    holding them to the task, or whether it is people 

12    who time and again open businesses to close them 

13    just to avoid liability.  

14                 And we see it not only in the wage 

15    area, we see it also with workers' comp, also 

16    involving employers where they routinely will 

17    close their businesses in order to avoid 

18    liability.  

19                 So this is a step in the right 

20    direction.  I would love, Mr. President, to see 

21    legislation on this floor -- and hopefully 

22    somebody will think about this -- where we 

23    actually hold those business owners, corporate 

24    owners, personally liable for these wages.  Not 

25    just removing their licenses, not just suspending 


                                                               3317

 1    their licenses.  

 2                 But when someone steals from their 

 3    employees, let's hold them personally accountable 

 4    so they can't just keep creating and opening new 

 5    businesses in order to avoid the responsibility 

 6    they have to those who work for them.  

 7                 I'll be voting aye.

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Martins to be recorded in the affirmative.

10                 Announce the results.

11                 THE SECRETARY:   In relation to 

12    Calendar 654, voting in the negative are 

13    Senators Borrello, Gallivan, Murray, Oberacker, 

14    Stec and Weik.

15                 Ayes, 52.  Nays, 6.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    672, Senate Print 2546, by Senator Myrie, an act 

20    to amend the Real Property Actions and 

21    Proceedings Law.

22                 ACTING PRESIDENT BAILEY:   Senator 

23    Martins, why do you rise?

24                 SENATOR MARTINS:   Yes, 

25    Mr. President, if the sponsor would yield for a 


                                                               3318

 1    few questions.

 2                 ACTING PRESIDENT BAILEY:   Will the 

 3    sponsor yield?

 4                 SENATOR MYRIE:   Yes.

 5                 ACTING PRESIDENT BAILEY:   The 

 6    sponsor yields.

 7                 SENATOR MARTINS:   Thank you.

 8                 Senator, I know that the bill deals 

 9    with abandoned properties, multifamily dwellings 

10    in our communities.

11                 How is it determined that a property 

12    is abandoned?

13                 SENATOR MYRIE:   Through you, 

14    Mr. President.  So this bill would amend a 

15    section of law where the process is if you 

16    initiate a foreclosure proceeding, that you would 

17    then stop the city or locality from taking 

18    possession of that property.  

19                 And the gap that this bill is trying 

20    to amend is that you cannot use the initiation of 

21    that proceeding to prevent you from making the 

22    necessary repairs.  The city, the locality 

23    initiates the proceeding to try to possess that 

24    property because it has fallen into disrepair.  

25                 And so to answer your question 


                                                               3319

 1    directly, it is a determination between the city 

 2    and the locality on what disrepair means.

 3                 SENATOR MARTINS:   Thank you.

 4                 Mr. President, through you, if the 

 5    sponsor would continue to yield.  

 6                 ACTING PRESIDENT BAILEY:   Will the 

 7    sponsor yield?  

 8                 SENATOR MYRIE:   Yes.

 9                 ACTING PRESIDENT BAILEY:   The 

10    sponsor yields.

11                 SENATOR MARTINS:   Is there any 

12    definition in the statute or in the underlying 

13    statute that clarifies what criteria the 

14    municipality should use in determining whether a 

15    property is abandoned, whether it's just vacant?  

16                 And frankly, is it the same thing, 

17    vacant and abandoned, in your mind?

18                 SENATOR MYRIE:   Through you, 

19    Mr. President.  On the first question, outside of 

20    this section of law, disrepair is defined as -- 

21    or abandoned, rather, is -- (pause).  

22                 Injury to life, safety and health is 

23    the standard that is used when making that 

24    determination.  

25                 And to your second question on 


                                                               3320

 1    whether abandoned is the same or different than 

 2    vacant, I do think that there is a distinction, 

 3    but that distinction is made by the locality.

 4                 SENATOR MARTINS:   Thank you.  

 5                 Mr. President, through you, if the 

 6    sponsor would continue to yield.  

 7                 ACTING PRESIDENT BAILEY:   Will the 

 8    sponsor yield?

 9                 SENATOR MYRIE:   Yes.

10                 ACTING PRESIDENT BAILEY:   The 

11    sponsor yields.  

12                 SENATOR MARTINS:   Is there any 

13    requirement that the municipality determine that 

14    the property is actually vacant before they 

15    initiate a proceeding?  Or is it specifically 

16    with regard to the state of repair of the 

17    property?

18                 SENATOR MYRIE:   Through you, 

19    Mr. President.  Yes, the city does have to make a 

20    determination on whether or not someone is 

21    present.  

22                 It is subject to a vacate order, and 

23    that vacate order is often accompanied by a 

24    determination that there was some danger to life, 

25    health, et cetera.  And so there is a process to 


                                                               3321

 1    make sure that that's not the case.  

 2                 I think part of what you may be 

 3    getting at is for owner-occupied homes or 

 4    multi-dwellings, what sort of goes into that 

 5    analysis.  

 6                 And I will say for the record that 

 7    New York amended for not multi-dwellings but for 

 8    one-to-four-home dwellings in 2016, what we call 

 9    colloquially the Zombie Law, that has brought 

10    down the amount of disrepair in these types of 

11    homes.  This was done in response to the 2008 

12    housing crisis, where there was a lot of 

13    abandonment by banks for this category of homes.

14                 This is trying to meet that standard 

15    and that gap for multi-dwellings.  We have some 

16    of the same problems, particularly in New York 

17    City, with a host of multi-dwelling buildings 

18    that have been either abandoned or there is 

19    confusion around the ownership, and they have 

20    subsequently had many, many code violations that 

21    are currently being litigated and gone after.  

22                 And this is an attempt to make this 

23    process as clear as possible, but also have 

24    someone be responsible and not be able to use at 

25    court to protect them from making repairs.


                                                               3322

 1                 SENATOR MARTINS:   Thank you.  

 2                 Mr. President, through you, if the 

 3    sponsor would continue to yield.

 4                 ACTING PRESIDENT BAILEY:   Will the 

 5    sponsor yield?

 6                 SENATOR MYRIE:   Yes.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    sponsor yields.

 9                 SENATOR MARTINS:   So as I 

10    understand it, the law currently allows for the 

11    municipality to deem a property abandoned, but 

12    then couldn't be stopped from acquiring the 

13    property if a lender starts a foreclosure 

14    proceeding.  

15                 And this would change that to 

16    require the lender to actually do certain things 

17    in addition to starting a foreclosure proceeding, 

18    right?  

19                 SENATOR MYRIE:   Through you, 

20    Mr. President, that's correct, mostly.  

21                 So it's not just that the procedure 

22    would be stopped, it would give the option for 

23    them to appoint a receiver.  And if that receiver 

24    does not take the appropriate action within 

25    90 days, then the city can come in and claim 


                                                               3323

 1    ownership.

 2                 SENATOR MARTINS:   Through you, 

 3    Mr. President, if the sponsor would continue to 

 4    yield.

 5                 ACTING PRESIDENT BAILEY:   Will the 

 6    sponsor yield?

 7                 SENATOR MYRIE:   Yes.

 8                 ACTING PRESIDENT BAILEY:   The 

 9    sponsor yields.

10                 SENATOR MARTINS:   So let's say the 

11    lender -- and when we're talking about a lender 

12    we're dealing with anyone, not just institutional 

13    lenders.  It could be somebody who just lent 

14    money and is secured by that property.  

15                 If the lender receives a notice from 

16    their municipality that the property has been 

17    abandoned, does it require that the lender or 

18    that the borrower be in foreclosure and that the 

19    property be in foreclosure or in arrears if 

20    they're being paid on their debt, on their 

21    mortgage?  Is that a requirement of this, in 

22    order for the municipality to take action?

23                 SENATOR MYRIE:   Through you, 

24    Mr. President.  Give me one second.  

25                 Through you, Mr. President.  It 


                                                               3324

 1    would not always be a requirement that there be 

 2    some issue of payment.  It could be the case -- 

 3    this does make reference to the mortgagee or the 

 4    lienholder.  

 5                 But the underlying principle here is 

 6    to ensure that the repairs are done and that the 

 7    lienholder or the mortgagee would have had to 

 8    invoke this sort of protection provided by the 

 9    law when a foreclosure proceeding has been 

10    commenced.

11                 SENATOR MARTINS:   Thank you.  

12                 Mr. President, through you, if the 

13    sponsor would continue to yield.

14                 ACTING PRESIDENT BAILEY:   Will the 

15    sponsor yield?

16                 SENATOR MYRIE:   Yes.

17                 ACTING PRESIDENT BAILEY:   The 

18    sponsor yields.  

19                 SENATOR MARTINS:   So if the 

20    property owner is current on their mortgage 

21    obligation, making their payments every month, 

22    what would be the basis for a lender to foreclose 

23    in order to prevent perhaps losing a property?

24                 SENATOR MYRIE:   Through you, 

25    Mr. President.  Just to clarify the question, are 


                                                               3325

 1    you saying in the event that someone is present 

 2    in the home and making payments or the payments 

 3    are being otherwise made?  

 4                 SENATOR MARTINS:   I'll clarify.  

 5                 Mr. President, through you, if I can 

 6    continue to --

 7                 ACTING PRESIDENT BAILEY:   By all 

 8    means.

 9                 SENATOR MARTINS:   If you have a 

10    property owner that continues to make their 

11    payments on a mortgage and a municipality 

12    determines, whether correctly or incorrectly, 

13    that the property is abandoned so as to start 

14    this sequence, there's a notice that goes to the 

15    lender.  

16                 They're being paid on their 

17    mortgage, and yet this would require them to 

18    start a foreclosure proceeding in order to 

19    protect their interest in the property -- that 

20    is, the amount that they lent -- or risk losing 

21    the property.

22                 What would their basis be for a 

23    foreclosure proceeding if they'd been paid on 

24    their mortgage?

25                 (Pause.)


                                                               3326

 1                 SENATOR MYRIE:   Through you, 

 2    Mr. President.  So two things.  

 3                 One, if the lienholder, having 

 4    received the payments, and the person, the entity 

 5    making the payments, believes that there was some 

 6    impropriety in this determination, the lienholder 

 7    has an option to take possession and make those 

 8    repairs themselves.  

 9                 But perhaps more importantly, and 

10    the policy point is, if there are conditions that 

11    are posing a threat to health, safety, imposing 

12    some danger to life in that respect, we're saying 

13    that all of the tools of government should be 

14    utilized and to impose some sort of pressure to 

15    ensure that these repairs are made.  

16                 And that's why the options aren't 

17    just that the city can take possession, but that 

18    there can be repairs made by the lienholder 

19    themselves.

20                 SENATOR MARTINS:   Through you, 

21    Mr. President, if the sponsor would continue to 

22    yield.  

23                 ACTING PRESIDENT BAILEY:   Will the 

24    sponsor yield?

25                 SENATOR MYRIE:   Yes.


                                                               3327

 1                 ACTING PRESIDENT BAILEY:   The 

 2    sponsor yields.

 3                 SENATOR MARTINS:   So that is -- 

 4    that's part of my concern, Senator, in the fact 

 5    that if the person or institution that lent the 

 6    money that's secured by the property has been 

 7    paid, there is no basis, I would think, other 

 8    than the document -- the mortgage -- and the 

 9    terms between them and the person they lent money 

10    to, that would allow for them to foreclose.

11                 I didn't see anything in this bill 

12    that would give them the right as a mortgagee to 

13    actually be able to intervene -- notwithstanding 

14    the fact that they were made whole and have been 

15    paid -- and actually take possession of the 

16    property.  Unless I missed it.

17                 Can you speak to that?  

18                 SENATOR MYRIE:   Through you, 

19    Mr. President.  I'm just going to read in the 

20    bill, starting on line 17, where it says -- and 

21    this is the amendment -- "takes possession of the 

22    premises as provided in the mortgage and brings 

23    the building into compliance."

24                 And so within the four corners of 

25    what the contract had been, that is what allows 


                                                               3328

 1    for this possession-taking.

 2                 But I take your point that you are 

 3    concerned about what sort of pressures are being 

 4    exerted even outside of that contractual 

 5    agreement.  And I think that is a policy 

 6    difference that we have, in that we are hoping to 

 7    exert pressure to get repairs done that are 

 8    posing threats to people's health and safety.

 9                 SENATOR MARTINS:   Through you, 

10    Mr. President, if the sponsor will continue to 

11    yield.

12                 ACTING PRESIDENT BAILEY:   Will the 

13    sponsor yield?

14                 SENATOR MYRIE:   Yes.

15                 ACTING PRESIDENT BAILEY:   The 

16    sponsor yields.

17                 SENATOR MARTINS:   So let's say we 

18    have a private transaction, an individual decides 

19    to lend a friend some money so that they can buy 

20    a property, and they agree they're going to put a 

21    mortgage on the property, the terms of the 

22    mortgage are standard, you pay, the person pays, 

23    and as a result there is no need to foreclose.  

24                 Standard terms in a mortgage don't 

25    normally allow for foreclosure absent a default 


                                                               3329

 1    in payment.  And therefore, in the four corners 

 2    of the document, there is no mechanism for that 

 3    individual -- in this case I'm framing it as a 

 4    private individual -- to actually intervene in 

 5    order to protect their investment.

 6                 So I'm questioning whether or not 

 7    there should be, in the absence of something 

 8    within the four corners of the document -- that 

 9    traditionally doesn't include a provision such as 

10    this -- allowing for them to intervene.  

11                 Shouldn't something be in this bill 

12    that would allow them that opportunity to do so?  

13    Because the risk here is that they will actually 

14    lose the money that they invested and were 

15    counting on to be repaid.  

16                 SENATOR MYRIE:   Through you, 

17    Mr. President.  I think, if I'm understanding my 

18    colleague, the trouble and concern that you have 

19    is with not necessarily the fact that repairs 

20    need to be made, but that the triggering process 

21    in which the mortgage payer would be subject to 

22    foreclosure because the repairs have not been 

23    made, are extracontractual.  And that there 

24    should be some other mechanism to trigger the 

25    repair-making process.  


                                                               3330

 1                 Did I understand that correctly?  

 2    Through you, Mr. President.

 3                 ACTING PRESIDENT BAILEY:   Senator 

 4    Martins.

 5                 SENATOR MARTINS:   Thank you, 

 6    Mr. President.  Thank you, Senator.

 7                 On the bill.

 8                 ACTING PRESIDENT BAILEY:   Senator 

 9    Martins on the bill.

10                 SENATOR MARTINS:   And that's -- 

11    that's precisely the point.  And I thank you for 

12    clarifying that, because we can identify the 

13    problem.  

14                 We all have zombie buildings in our 

15    communities that become a blight on the 

16    community.  In the past we have adopted 

17    legislation here that has allowed and empowered 

18    municipalities to intervene, spend money, acquire 

19    the property, make those repairs and put those 

20    costs on the property as liens.  And eventually, 

21    when the property is sold, the municipality will 

22    get that money back.

23                 There are ways of being able to do 

24    that where you can ask the municipality to 

25    actually intervene in order to protect the 


                                                               3331

 1    property, protect the community, and to make the 

 2    property safe.  

 3                 And obviously, Mr. President, there 

 4    are issues with that having to do with privacy 

 5    issues, property ownership issues where, anytime 

 6    somebody walks onto somebody else's property, 

 7    there are concerns there.

 8                 But we all understand, because we've 

 9    seen it, that there are zombie properties in our 

10    communities that we want to do something about.

11                 The question is, who is the right 

12    person or entity that should be expected to do 

13    something about it?

14                 Now, it's great for us to be able to 

15    identify groups, identify the problem -- but then 

16    we point to somebody and say, Now we're going to 

17    make it your problem in order for you to fix it.  

18                 And sometimes that's where we go 

19    astray.  Because as well-intentioned as we may 

20    be, the idea we're just going to pick somebody 

21    out of the air and say that's the person who's 

22    going to be responsible for fixing this mess, is 

23    perhaps misguided.

24                 Now, we all think about lenders in 

25    the context of banks and they've got money and 


                                                               3332

 1    large financial institutions.  But that's not 

 2    always the case.  And even when it is the case, 

 3    that's not what they signed up for.

 4                 Now, we did pass legislation in this 

 5    body that says that we do have situations such as 

 6    this, the bank -- when the borrower, the property 

 7    owner falls behind on payments -- has to go into 

 8    inspections, make sure it's occupied.  If it's 

 9    not occupied, they have a responsibility to start 

10    foreclosure proceedings.  And they have now a 

11    responsibility to maintain and secure the 

12    property.  That already exists.  

13                 But now we're going a step further, 

14    and we're saying even if that property is not in 

15    default, if the person continues to make their 

16    payments and the municipality determines that the 

17    property -- for their own reasons, Mr. President, 

18    is abandoned, which isn't clear -- now, it may 

19    be, you know, that we have a different concept of 

20    gardens.  We've had debates on this floor about 

21    that as well, whether we have natural plantings 

22    as opposed to grass, and how we maintain 

23    properties.  

24                 But if the municipality determines 

25    that the property is abandoned, all of a sudden 


                                                               3333

 1    we have a responsibility on the lender, be they 

 2    institutional or private, to now have to do 

 3    something when there has been no default under 

 4    that mortgage.  And they have to start a 

 5    foreclosure proceeding.  

 6                 On what terms, Mr. President?  I 

 7    don't know.  Because the person's making the 

 8    payments on that mortgage, and yet it's now their 

 9    responsibility because if the municipality takes 

10    the property, they're out of luck.  And the money 

11    that they invested in order to -- and secured 

12    with that property is at risk.

13                 So although I understand the 

14    legislation, I understand the intent, I'm just 

15    questioning whether or not the group that we have 

16    identified in order to put pressure, in order to 

17    resolve this issue, is actually the group that we 

18    should be considering in the context of what we 

19    currently have in the law.

20                 And so perhaps rather than just 

21    picking a bank or a financial institution and 

22    deciding that's the person we're going to make 

23    pay -- why?  Because.  Because that's really the 

24    answer, right?  Why are they responsible?  

25    Because we said so.  


                                                               3334

 1                 Perhaps they're not the right entity 

 2    because they don't have the ability to intervene 

 3    unless there's actually been a default under the 

 4    document.

 5                 And so, Mr. President, as we have in 

 6    the past, perhaps this is another opportunity for 

 7    us to reconsider this line and maybe look at 

 8    empowering our local municipalities and allowing 

 9    them to go in there and intervene, and making 

10    sure that they can secure any expense that they 

11    have with regard to securing the property, even 

12    going so far as demolishing the property in order 

13    to clear a blight.  

14                 And they are able to then secure 

15    that with a lien on the property, so when the 

16    property is eventually sold, they can recoup that 

17    money and actually provide protection for the 

18    local community in real terms.

19                 They make the decision that it's 

20    abandoned.  Let them then take the next step to 

21    actually secure the property and make it right.

22                 So, Senator, I appreciate the bill.  

23    I appreciate the sentiment.  I just think we may 

24    be slightly off.  I'm more than happy to work 

25    with you, if you're willing, in terms of looking 


                                                               3335

 1    for an alternative.  

 2                 But under the current construct, 

 3    Mr. President, I'd have to vote no.  Thank you.  

 4                 Thank you, Senator.  

 5                 ACTING PRESIDENT BAILEY:   Thank 

 6    you, Senator Martins.  

 7                 Are there any other Senators wishing 

 8    to be heard?

 9                 Seeing and hearing none, debate is 

10    closed.

11                 Senator Gianaris.

12                 SENATOR GIANARIS:   Mr. President, 

13    we have also agreed to restore this bill to the 

14    noncontroversial calendar.  

15                 ACTING PRESIDENT BAILEY:   The bill 

16    will be restored, upon consent, to the 

17    noncontroversial calendar.  

18                 Read the last section.

19                 THE SECRETARY:   Section 2.  This 

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

21    shall have become a law.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               3336

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar 672, voting in the negative are 

 4    Senators Ashby, Borrello, Canzoneri-Fitzpatrick, 

 5    Chan, Gallivan, Griffo, Helming, Lanza, Martins, 

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

 7    Palumbo, Rhoads, Rolison, Stec, Tedisco, Walczyk, 

 8    Weber and Weik.

 9                 Ayes, 36.  Nays, 22.

10                 ACTING PRESIDENT BAILEY:   The bill 

11    is passed.

12                 Senator Gianaris, that completes the 

13    reading of today's controversial calendar.

14                 SENATOR GIANARIS:   Is there any 

15    further business at the desk?

16                 ACTING PRESIDENT BAILEY:   There is 

17    no further business at the desk.

18                 SENATOR GIANARIS:   Can I have my 

19    colleagues' attention for a moment.  

20                 There were a series of committee 

21    meetings that were scheduled for early this 

22    afternoon.  They are being rescheduled as 

23    follows.  

24                 Insurance and Social Services will 

25    now be meeting at 2:30.  The Housing and 


                                                               3337

 1    Investigations Committees will now be meeting at 

 2    3:00 p.m.  

 3                 And that is because there will be an 

 4    immediate meeting of the Majority Conference in 

 5    Room 332.

 6                 ACTING PRESIDENT BAILEY:   The 

 7    committee meetings were rescheduled as noted.  

 8    Please listen to and reach out to your respective 

 9    committee chairs.  

10                 And there will be an immediate 

11    meeting of the Majority Conference in Room 332.

12                 SENATOR GIANARIS:   I move to 

13    adjourn until tomorrow, Tuesday, April 21st, at 

14    3:00 p.m.

15                 ACTING PRESIDENT BAILEY:   On 

16    motion, the Senate stands adjourned until 

17    Tuesday, April 21st, at 3:00 p.m. 

18                 And it's playoff time, so go 

19    New York, go New York, go!

20                 (Whereupon, the Senate adjourned at 

21    1:19 p.m.)

22

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