New York State SmartTranscripts:

[Speaker 0]: The senate will come to order. I ask everyone to please rise and recite the pledge of allegiance. I'll ask Aman Tahir of the Albanian Islamic Cultural Center on Staten Island to deliver today's invocation.

[Imam Aman Tahir (Albanian Islamic Cultural Center, Staten Island)]: Good morning. In the name of God, most gracious, most merciful, we thank God almighty for his countless blessings, blessings of this day, in this chamber, blessings of leadership of New York State Senate. We gather today in this blessed chamber In gratitude with gratitude in our hearts for the privilege of living in a state that honors freedom, con with the conscience, dignity of difference, and the sacred right of every community to be in, to be seen, heard, respected. We give thanks to the New York state shaped by emigrants, strengthened by diversity, a state where faith and civic duty walk hand in hand and where the ideals of justice, liberty, and opportunity are not merely spoken but pursued. On behalf of Albanian Americans, we would like to offer special appreciation to our honorable senators, and particularly senator Jessica Scarsilla Spanton, and also our honorable, assemblyman Charles Fall for their leadership, their openness, and their continued support in commemorating Kosovo's Independence Day, country that it has been created, supported, and continued to be supported by United States Of America. As Albanians, we are in-depth to this great nation of ours forever for liberating, supporting, and helping Kosovo and Albanian nation to to survive and thrive. God almighty bless this chamber with wisdom beyond politics, with unity beyond division, and with courage beyond convenience. Guide our leaders to serve with integrity, to protect the vulnerable, to honor truth, and to legislate with compassion for all who call this state home. Bless the people of New York of every faith, background, and heritage, and always bless United States Of America. God bless Albanian nation, and always God bless United States Of America. God almighty, in your name, we make this prayer. Amen.

[Speaker 0]: Reading of the journal.

[Senate Secretary/Reading Clerk]: In senate, when Wednesday, 02/04/2026, the senate made pursuant to adjournment. The journal of Tuesday, 02/03/2026 was read and approved. I'll motion to send it adjourn.

[Speaker 0]: Without objection, the journal stands approved as read. Presentation of petitions, messages from the assembly, messages from the governor, reports of standing committees, reports of select committees, communications and reports from state officers, motions and resolutions. Senator Gineris.

[Senator Michael Gianaris]: Good morning, mister president. On behalf of senator Hinchy on page 21, I offer the following amendments to calendar two fifteen, senate print seventy six eighteen, and as that said bill retains its place on the third reading calendar.

[Speaker 0]: The amendments are received and the bill retains its place on the third reading calendar. Let's take a

[Senator Michael Gianaris]: previously adopted resolution fifteen sixteen by senator Scarcella Spanton. Read its title and recognize senator Scarcella Spanton. Secretary Will Reed.

[Senate Secretary/Reading Clerk]: Resolution fifteen sixteen by senator Scarcello Spanton commemorating the eighteenth anniversary of Kosovo's independence.

[Speaker 0]: Senator Scarcello Spanton on the resolution.

[Senator Jessica Scarcella-Spanton]: Thank you, mister president. Today, we will be welcoming friends and constituents who traveled all the way to the capital today to join us in celebrating Kosovo's Independence Day here in the New York State Senate, including a mom to hear who you just heard from, and, of course, my former Staten Island director, Vanessa Lamani, who's actually from Kosovo. Today, we once again honor Kosovo's remarkable journey to independence here in New York, an independence that was hard fought and deeply impactful for its people. The Kosovar people, throughout all the trials and tribulations that led them to independence, have shown extraordinary strength and determination. Kosovo's declaration of independence in 2008 was a monumental moment in modern history, signaling the end of years of struggle and the beginning of a new chapter. As we reflect on this journey, we honor the sacrifices made by the people of Kosovo and their tireless pursuit of freedom. It continues to be my honor to sponsor this resolution year after year in in recognition of Kosovo's Independence Day. Today, we celebrate the triumphs of the Kosovar people and look ahead to a bright future both here in New York and back in their home in Kosovo. I am continuously proud of the Kosovar people I represent in Senate District 23 and their dedication to honoring their heritage and culture no matter where they are in the world. I will continue to work alongside all of the people from Kosovo and its people here in New York for years to come, especially Vanessa. Thank you to all my colleagues for your support and everyone who has joined us in honoring this Independence Day. I proudly vote aye.

[Speaker 0]: Thank you, senator Scarcello Spanton. Senator Mayer on the resolution.

[Senator Shelley B. Mayer]: Thank you, mister president. And I too rise, to thank my colleague, senator Scarcello Spanton, for this resolution and to speak on behalf of over 15,000 people from Albania, most of whom are from Kosovo in Westchester County. Our county is full of a very vibrant group of both younger and older Kosovans who have contributed enormously to the business life, certainly to the real estate world, and to the education space of our county. In in our my hometown of Yonkers, there are over 2,000, and in White Plains, which I proudly represent, over 1,000. And they have joined together with, young leadership that formed the Albanian American Club of Westchester to really to be forces for positive change, both culturally, educationally, and in the business world. We so admire their contributions to our community, and we also today, of course, honor their remarkable story of independence, and we're so proud that we have the opportunity here in the senate chamber to celebrate them, to acknowledge them, and to look forward to many more years of celebrating their anniversary of their independence. I vote aye.

[Speaker 0]: Thank you, senator mayor. Senator Fernandez on the resolution?

[Senator Nathalia Fernandez]: Thank you so much, mister speaker, and thank you to my colleague for this resolution. I too speak proudly on behalf of my constituents in the East Bronx, a population full of sheep sheepish, my friends. But it is a great resolution and this year is special, 18 years old. Technically, Kosovo is an adult now. But it is a beautiful country, beautiful people. I've had the pleasure and honor of visiting a few years ago to attend a wedding, and I highly recommend seeing what is over in the Balkan region. Kosovo is a historic nation. It is full of beautiful mountain ranges. I had the honor of going to Pristina, the new capital, seeing everything that has been done since the war and since it got established, visiting Prussia, the oldest city in the Balkans, which is also the birthplace of Mother Teresa. But it is a nation that is full of its own honor, its own beautiful history, and here in New York, the people of Albania and Kosovo have done so much to contribute, to continue to make New York the beautiful blanket that it is, And I thank my colleague for allowing this resolution and giving us this time to say happy birthday, Kosovo. And and thank you for all your contributions to the state. Thank you. I vote aye.

[Speaker 0]: Thank you, senator Fernandez. Senator Harkom on the resolution.

[Senator Pete Harckham]: Thank you, mister president. I wanna thank senator Scarcello Spanton for bringing this resolution forward every year. Thank you very much. I wanna follow-up on senator Mayer's comments, on the rich, Albanian population in the Lower Hudson Valley and just wanna put in a plug, and mention of the chair of the Westchester County Board of Legislators Vedat Ghashi, earlier in his career actually helped draft the Kosovo constitution, during their, process of of independence. And I something he is very proud of and we as Westchester neighbors, and and colleagues of the DOT are also very proud. So kudos on on this very special day. Congratulations, as we mark another anniversary of independence, another strong democracy, in in Eastern Europe, and, I proudly vote aye. Thank you.

[Speaker 0]: Thank you, senator Harkom. Senator Bailey on the resolution.

[Senator Jamaal T. Bailey]: Thank you, mister president. Very briefly, thank you, senator Scarcellus Banton, for this incredible resolution. And to the, Albanian community in The Bronx, they have made leaps and bounds in terms of their civic engagement. It's always been significant, but recently, we made the first, the well, the first Albanian woman to be a judge in The Bronx, Edith Skreli. We wanna make sure that we, lift her up and all of the incredible residents of Kosovo and Albania who do positive things. And and to senator Harkness point about Vedat Ghashi, the chair of the the the the board of legislature, a lot is said about the sneakers that I wear on this floor. I want it to be known and for the record that Vedat Ghashi is a sneakerhead of sneakerheads. You should see his sneaker collection. It is real. It is significant. I don't I don't I don't know if Vedat is here, I gotta make sure I send him this clip to make sure that I know I put it on record that don't look at me. Don't look at Z. Look at Vedat when you when it comes to sneakers. Happy Independence Day to Kosovo. In all seriousness, mister president, I vote I on the resolution.

[Speaker 0]: Thank you, senator Bailey. The resolution was adopted on February 4. Senator Giannares.

[Senator Michael Gianaris]: Now let's move on to, previously adopted, resolution thirteen seventeen by senator Sadisco. There he is. Just wanted to make sure he was here. Read that resolution's title and recognize Senator Tedisco. Secretary Will Reed.

[Senate Secretary/Reading Clerk]: Resolution thirteen seventeen by Senator Tedisco, congratulating the Stillwater girls varsity soccer team and head coach Christine Christine Ayatola upon the occasion of winning the New York State Public High School Athletic Association class c state championship title on 11/16/2025.

[Speaker 0]: Senator Todisco on the resolution.

[Senator Jim Tedisco]: Thank you, mister president. Mister president and my colleagues, as you see up above me in the balcony, I am pleased to present to you and to welcome the twenty twenty five New York State classy girls soccer champions to the chamber today from Stillwater High School in the place where all good things emanate from, the 44th Senatorial District in New York. The Stillwater Girls varsity soccer team and head coach Christine Inatola won their final game at a one to zero shutout to secure the New York State classy girls soccer championship on Sunday, 11/16/2025 at Homer High School in Homer, New York, finishing the season unbelievably with an impressive 22 to one overall record. The Stillwater Girls varsity soccer team since 2018 has won four sectional titles, four consecutive Wasserine League titles, six New York State final four appearances, and now three New York State class c championship titles. It doesn't get much better, but probably it will. These scholar athletes are also a New York State Public High School Athletic Association scholar athlete team as they garnered an overall team grade point average of 92.6. Please welcome this team, and the members are Alexandria Lia Mero, Bridget Kuhn, Alyona Lyon, Lucy Rubenstein, Cameron Van Pelt, Peyton Peretta, Kennedy Van Pelt, Brooke Hodgson, Brooke Kuhn, Finley Bort, Maisie Gilbert, Addison Callahan, Sadie Hazen, Kaelin Baisley and Madeline Callanan and Emerson Patnoyd. Now you don't get this far just by being great athletes and working hard and having great, ethics, and hard work. You get there by the coaches also. And they had some great coaches, one I already introduced, but I will do it again, Christine Inatola, the head coach and assistant coach Cassidy Chapko. As a program, the Stillwater Girls Varsity Soccer team has enjoyed great success and set a high standard for seasons to follow. Mister president and my colleagues, please welcome them, congratulate them, and offer them all the cordialities of this august body. We're so proud of them here in the 44th Senatorial District, Stillwater, in the great state of New York.

[Speaker 0]: Thank you very much, senator Todisco. And to our guests, I welcome you on behalf of the senate. We extend to you the privileges and courtesies of this house. Please rise and be recognized. The resolution was adopted on January 13. Senator Gianares.

[Senator Michael Gianaris]: Mister president, the sponsors would like the two resolutions we took up today open for cosponsorship.

[Speaker 0]: These resolutions are open for cosponsorship. Should you choose not to be a cosponsor, please notify the desk. Senator Gionnaires.

[Senator Michael Gianaris]: Please take up the calendar. Secretary Will Reed.

[Senate Secretary/Reading Clerk]: Calendar number 36, senate print eighty eight twelve by senator Kruger, an act to amend the chapter of the laws of 2025.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section two, this act should be effective immediately.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: All the roll.

[Senate Secretary/Reading Clerk]: Adabo, Gionaris, Kruger, Ort, Sule Cotton's wife.

[Speaker 0]: Announce the results.

[Senate Secretary/Reading Clerk]: In relation to calendar number 36 voted in a negative are senators Ashby, Baskin, Morello, Bino, Kansas Ray Fitzpatrick, Chan, Gallivan, Grifo, Hellman, Lanza, Martinez, Martins, Murray, O'Bracker, Ort, Palumbo, Rose, Raulston, c Ryan, Steck, Tedisco, Walzwick, Weberton, White. Ayes 34, dash 24.

[Speaker 0]: The bill is passed.

[Senate Secretary/Reading Clerk]: Calendar number 100, senate print 1919 by senator Schoof is an act from the environmental conservation law.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section two, this action will be effect immediately.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call to roll.

[Senate Secretary/Reading Clerk]: Adabo, Generalis Kruger, or Sue Cotton's wife.

[Speaker 0]: Announce the results.

[Senate Secretary/Reading Clerk]: Aye, 58.

[Speaker 0]: The bill is passed.

[Senate Secretary/Reading Clerk]: Counter number one twenty seven, senate print six twenty c by senator Stavitsky, an act of under education law.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section three, this action taken effect on 01/1980 of date shall become a law.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call the roll.

[Senate Secretary/Reading Clerk]: Adabo, General Ars Kruger, sue Cuddens White.

[Speaker 0]: Announce the results.

[Senate Secretary/Reading Clerk]: Aye, 58. The bill

[Speaker 0]: is passed.

[Senate Secretary/Reading Clerk]: Calendar number January, center print thirteen twenty nine by senator Parker, enactment of public service law.

[Speaker 0]: Bill will be laid aside.

[Senator Michael Gianaris]: For the day.

[Speaker 0]: For the day.

[Senate Secretary/Reading Clerk]: Calendar number one forty one, senate print eighteen forty seven by senator Commer, enactment of public service law.

[Senator Michael Gianaris]: Layed aside.

[Speaker 0]: Bill will be laid aside.

[Senate Secretary/Reading Clerk]: Calendar number one sixty one, senate print twenty five thirty four by senator Sanders, enactment of the administrative code of the city Of New York.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section two, this action will take effect immediately.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call the roll.

[Senate Secretary/Reading Clerk]: Adabo. GNR's Cooker Ort, store cuttings white. Announce the results. Aye, 58.

[Speaker 0]: Fail is passed.

[Senate Secretary/Reading Clerk]: Account number 167, senate print 1468 by senator Serrano, an act to amend the public health law.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section seven. This action took effect on the January 1.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call the roll.

[Senate Secretary/Reading Clerk]: Adabo, Gionados Kruger Court, Sewer Patton's White. Announce the results. In relation to a calendar January, in negative. Senator Walzig, ayes 57, ayes one. The bill is passed. Calendar number one sixty eight, senate print sixteen nineteen by senator Rivera, enactment of education law.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section three, this action to defect immediately. Call to roll. Adabo, GNR Skruger, or Swillcuttons White. Announce the results. In relation to calendar January, voted in the negative, Senator Walzig. Aye 57 ace one.

[Speaker 0]: The bill is passed.

[Senate Secretary/Reading Clerk]: Cabinet number one seventy one, senate print twenty five zero five a by Senator Brisport. An act to establish a task force on education diversity in New York State.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section four, this action will take effect immediately. Call the roll. Adabo. GNR's Kruger Ort. Mr. O'Cousins White.

[Speaker 0]: Announce the results.

[Senate Secretary/Reading Clerk]: In relation to calendar one seventy one, voting in negative are senators Borrelo, Lanza, Obraker, and Ort. Also, senator Steck. And White. Also, senator White. Ayes, 52. Nay, six. The bill is passed. Comment number one seventy four, senate print one ninety by senator Martinez enactment of volunteer firefighters benefit law.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section three, this action took effect immediately.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call of the roll.

[Senate Secretary/Reading Clerk]: Adabo, Greene Arsenburg, Ort, Stewart Cousins, Zelner. Announce the results. Aye 58. The bill

[Speaker 0]: is passed.

[Senate Secretary/Reading Clerk]: Calendar number January, center print forty seventy five a by senator Scarcello Spenton, an active relation authorizing the Silver Lake Foundation Incorporated to receive a retroactive real property tax exempt status.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section two. This action will take effect immediately.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call the roll.

[Senate Secretary/Reading Clerk]: Adabble. GNR's approval of Ort, suitcases, Zelner.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Now for the results.

[Senate Secretary/Reading Clerk]: Aye. 58.

[Speaker 0]: The bill is passed.

[Senate Secretary/Reading Clerk]: Counter number 187, senate print twenty forty by senator GNR's, and that's from the the banking law.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section two, this act should take effect on January day after shall become a law.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call the roll.

[Senate Secretary/Reading Clerk]: GNR's cook of Ort, store cut, zelmer.

[Speaker 0]: Announce the results.

[Senate Secretary/Reading Clerk]: In relation to calendar January, voting in negative r, senators Barello, Chan, Gallivan, Grifo, Helming, Martins, Bobaracker, Ort, Palumbo, Steck, Todisco, Walzet. Ayes, 46, nays, 12.

[Speaker 0]: The bill is passed.

[Senate Secretary/Reading Clerk]: Calendar number one ninety two, senate print fifteen fourteen by senator Harcombe, enactment of labor law.

[Speaker 0]: Bill will be laid aside for the day.

[Senate Secretary/Reading Clerk]: Calendar number one ninety five, senate print fifteen forty by senator Jackson, enactment of the civil service law.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section two, this action will defect immediately.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call the roll.

[Senate Secretary/Reading Clerk]: Adabo, general order's proof of works, rule cut, and zelna.

[Speaker 0]: Announce the results. Aye 58. The bill is passed.

[Senate Secretary/Reading Clerk]: Comment number one ninety six, senate print twenty two sixty four by senator Cooney, an action will be civil service law.

[Speaker 0]: Read the section.

[Senate Secretary/Reading Clerk]: Section two, this action will take effect immediately.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call the roll.

[Senate Secretary/Reading Clerk]: Adabo, GNR's, Cooper, Ort, Storkut, and Zelner.

[Speaker 0]: Announce the results.

[Senate Secretary/Reading Clerk]: In relation to calendar one eighty six, vote in a negative. Senator Walz, ayes fifty seven days one.

[Speaker 0]: The bill is passed.

[Senate Secretary/Reading Clerk]: Number two zero three, center print eight sixty six by senator Bailey, enacting the penal law.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section two, this action took effect immediately.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call the roll.

[Senate Secretary/Reading Clerk]: Adabo. GNRS Cooper, Ort, Zulcot, and Zelner.

[Speaker 0]: Announce the results.

[Senate Secretary/Reading Clerk]: Ayes, 58. The bill is passed. Counter number two zero eight, center print 489 by senator Fernandez, enactment of public health law.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section two of this action took effect on the January 1.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call to roll.

[Senate Secretary/Reading Clerk]: Adabo. GNRS Kruger, Ort, Suerkutt, Zellner.

[Speaker 0]: Announce the results.

[Senate Secretary/Reading Clerk]: Aye, 58.

[Speaker 0]: The bill is passed.

[Senate Secretary/Reading Clerk]: Calendar number 209, senate print seventeen thirty one by senator Fahey, an act of mental hygiene law.

[Speaker 0]: Read the last section.

[Senate Secretary/Reading Clerk]: Section two, this act should take effect on the thirtieth day, and shall become law.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call to roll.

[Senate Secretary/Reading Clerk]: Adabo. Genar's Cooper Ort, Sewell Cuddens wife.

[Speaker 0]: Senator Fahey to explain her vote.

[Senator Patricia A. Fahy]: Thank you. Thank you, mister president. I rise to just talk about this as a renaming of an Oasis scholarship in honor of father Peter Young, who was a Roman Catholic priest here in the capital region, for more than sixty years, known for his work in helping people with, struggling with addiction, incarceration, and homelessness. This program would, be renamed in his honor. Again, it's an OASIS scholarship, and it's, it's, one to train those who are in, treating those with addictions. It supports those in treatment, prevention, recovery. He first trained as a chaplain at Mount MacGregor Corrections Facility in the nineteen sixties. That's where he learned that addiction and poverty, often ends up with the folks in prison, And he was the one who became a trailblazer among trailblazers in criminal justice reform, particularly in treating addiction and really began to educate all of us on how addiction is not, is a disease, not a character flaw. He ended up serving individuals, the father Peter Young Industries ended up serving people in 60 New York counties. So it was quite widespread. A renaming of this scholarship would connect students with his extraordinary legacy of courage and hope, qualities that are often needed, with those fighting, addiction and in recovery. And with that, mister speaker, I sorry, mister president, I I vote in the affirmative. Thank you. Old habits die hard.

[Speaker 0]: That's okay, senator Fahey, to be recorded in the affirmative. Announce the results.

[Senate Secretary/Reading Clerk]: Aye, 58.

[Speaker 0]: The bill is passed.

[Senate Secretary/Reading Clerk]: Calendar number 213, senate print twelve thirty nine e by senator Kavanaugh, enactment of agriculture and markets law.

[Speaker 0]: Bill will be laid aside. Senator Gianaris, that completes the reading of today's calendar.

[Senator Michael Gianaris]: Let's go to the controversial calendar, please.

[Speaker 0]: Secretary will ring the bell. Secretary will read.

[Senate Secretary/Reading Clerk]: Calendar number one forty one, senate print eighteen forty seven by senator Comrie, enactment of public service law.

[Speaker 0]: Senator Lanza, why do you rise?

[Senator Andrew J. Lanza]: Mister president, believe there's an amendment at the desk. I waived the reading of that amendment and asked that you recognize senator Walzik.

[Speaker 0]: Thank you, senator Lanza. Upon review of the amendment in accordance with rule six section four b, I rule it non germane and out of order.

[Senator Andrew J. Lanza]: Accordingly, mister president, I appeal the ruling of the chair and ask that senator Walzik be heard on that appeal.

[Speaker 0]: Appeal has been made and recognized. Senator Walzik may be heard.

[Senator Mark C. Walczyk]: Oh, mister president, maybe I can convince my colleagues on the germane ness. I'm disappointed in your ruling. This bill is indeed germane to the bill in chief because the bill in chief requires the Public Service Commission to consider the economic impact of utility rates and charges, and this amendment allows uncommitted funds in the New York State Climate Investment Account within NYSERDA to be returned directly to the ratepayers as a bill credit. According to NYSERDA's financial plan for fiscal year twenty twenty five, the agency's anticipated net position will exceed $2,000,000,000 and that's at the close of last year. This year will grow to approximately $2,200,000,000 At a time when New Yorkers are struggling to pay skyrocketing utility bills, your offices, our offices, the governor's office, everyone is receiving phone calls about these bills, These funds should be returned to the rate payers rather than sitting idle in NYSERDA's coffers providing bill credits would deliver immediate tangible relief to families and businesses facing escalating energy costs. There's no compelling rationale for allowing these off budget surplus funds to remain unused from the previous year when they could be applied directly to lessen the burden of rate payers today. This amendment is particularly time and timely given the increased supply costs resulting from the current frigid weather, you may have noticed that utility prices are skyrocketing now, and that additional strain is going rate to the rate payers. And let me just read because senator Tom O'Meara, who is doing his job as finance ranker right now in a budget hearing, wrote in his sponsor's memo. And I I wanna make it clear what this amendment is so that when you're considering the germane ness and your vote, you can know what we're bringing forward here. I know the president has already reviewed this and and made it and made a ruling that it was non germane, but I would like all of you to listen to the sponsor's justification in this amendment. This bill ensures that any uncommitted funds remaining in the climate investment account at the close of each fiscal year, specifically those collected from utility rate payers on a bill as you go basis under the Public Service Commission's Clean Energy Fund framework are returned to those who paid into the system. The Clean Energy Fund was designed to support the state's clean energy transition through targeted investments in innovation, market developments, and energy efficiency. However, often funds collected for this purpose remain unused or uncommitted at the end of the fiscal cycle, thus allowing them to sit idle or be re redirected whether oversight without oversight, which undermines the principles of transparency, fiscal responsibility, and fairness to ratepayers. By crediting these uncommitted funds back to the ratepayers, not into the general fund, not sitting idly with NYSERDA, but crediting them back to the ratepayers, this measure reinforces public trust, prevents over collection, and creates a building accountability mechanism for those funds. It aligns with the broader goals of equitable energy policy by ensuring that New Yorkers are not unduly burdened by clean energy surcharges and that funds collected in their name are actively invested in the state. That's what they were designed for. That's what you passed them for. Or if they're not invested, returned directly to the rate payers. We can do something about energy prices in New York State right now, today. You can support this amendment, take the $2,000,000,000 that is sitting unspent, and send it directly back to ratepayers. So please vote to over overrule the ruling of the chair. Let's pass this. Let's lower people's energy bills today. Yesterday, you you passed a number of bills. None of them will lower people's energy bills today. This amendment that I offer up in the great language that senator O'Meara has put together will lower people's energy bills today. Thank you for your consideration in overruling the ruling of the president. Thank you, mister president.

[Speaker 0]: Thank you, senator. I wanna remind the house that the vote is on the procedures of the house and the ruling of the chair. Those in favor of overruling the chair signify by saying aye. Aye.

[Senator Andrew J. Lanza]: Show of hands. A show of

[Speaker 0]: hands has been requested and so ordered. Announce the results.

[Senate Secretary/Reading Clerk]: Aye. 21. The ruling of

[Speaker 0]: the chair stands and the bill in chief is before the house. Read the last section.

[Senate Secretary/Reading Clerk]: Section six is actioned defect immediately.

[Speaker 0]: Call the roll.

[Senate Secretary/Reading Clerk]: Adabo.

[Speaker 0]: Announce the results.

[Senate Secretary/Reading Clerk]: In relation to counter one forty one, voting in the negative are senators Barrelo, his name is Fitzpatrick, Palumbo, Walzi, Weberton White, ayes 52, and ayes six.

[Speaker 0]: Bill has passed.

[Senate Secretary/Reading Clerk]: Calendar number 2 13, senate print twelve thirty nine e by senator Kavanaugh, an act of agriculture and markets law.

[Speaker 0]: Senator Barrella, why do you rise?

[Senator George M. Borrello]: Good afternoon, mister president.

[Speaker 0]: Good afternoon.

[Senator George M. Borrello]: Would, the sponsor yield for a question?

[Speaker 0]: Happily. Sponsor yields. Alright.

[Senator George M. Borrello]: I'm gonna start off by giving you what I think might be some late breaking news from the FDA. I don't if you saw this announcement this morning, but the Food and Drug Administration has taken additional steps to make it easier for people to remove these petroleum based dyes. From an alert to the industry, according to Health and Human Services Secretary, RFK Jr, they're now going to allow them to use they've now approved beet root red and spirulina extract as natural additives and make it easier for them to determine something is actually not artificial but is actually natural. So with all that said, and I'm glad that you agree with the Trump administration and what they're doing to make America healthier again, do we really need this bill specifically for New York State?

[Senator Brian P. Kavanagh]: Thank you. Thank you, mister president. Thank you, my colleague, for the question. The answer is yes. What this bill does is ban three specific substances and in addition requires that food ingredients that are added to food mostly by large national producers of food when they are not disclosed to the FDA the presence of the food or the use of the the presence of the ingredient or the use of the ingredient to the FDA and therefore not publicly available. And if you wanna sell food in New York, you must disclose to our ag and markets department any ingredients that you are otherwise keeping secret. So this bill is mostly although this bill does ban three specific chemicals, and we can talk more about that aspect of the bill, I'd be happy to. But the Food and Drug Administration's actions are are welcome, but very late. It took the the Federal Food and Drug Administration a decade a decade ago. They said you can't use red dye number three. You can't put it in your skin, but they've permitted us to eat it for another decade. They are now finally banning that, they're not banning it until next January even though it's widely known to be very problematic from a health perspective. We've got states taking action all over the country. Texas now requires that if you use any of 44 ingredients, most of which are permitted by the FDA, that you print a warning on the food that says the following warning. This product contains an ingredient that is not recommended for human consumption by the appropriate authorities in Australia, Canada, the European Union, or The United Kingdom. That is a Texas wide restriction that has been passed by the Texas lectures legislature and signed by governor Abbott. So I'm happy to agree. If the Trump administration is gonna ban three ingredients, I hope my colleague will agree with, the Republican governor of Texas that we should, continue to take action on this.

[Speaker 0]: Will yield? Will sponsor yield? Happily, mister Trump. Sponsor yields.

[Senator George M. Borrello]: Well, it's a red day and red state, red dye day and red state day, it appears. You've agreed now with governor Abbott, president Trump, RFK junior. All sounds good. Do you have a assembly sponsor for this bill?

[Senator Brian P. Kavanagh]: We do have an assembly sponsor, Anna Callis, who has a doctorate in nutritional epidemiology. The only they are the bills are not currently same as because in our bill because a g has be turned has turned to an h in one of the the bill amends section, one ninety nine g of a law, and there is now another one ninety nine g. So the assembly decided to switch that to one ninety nine h, but the bills are otherwise identical.

[Senator George M. Borrello]: Mister president, sponsor, continue to yield.

[Speaker 0]: With sponsor yield. Yes, mister. Sponsor yields.

[Senator George M. Borrello]: So we don't have matching legislation in either house. Your this bill gives up to three years, for these products to still be sold in New York State, and yet they're gonna be banned federally in January, as you just mentioned. So why why do we need this bill?

[Senator Brian P. Kavanagh]: Mister Reza, with great respect, the products in this bill are not gonna be banned federally. The my colleague mentioned a couple of ingredients that are not mentioned in this bill. We are this bill bans three specific chemicals. We can talk I'm happy to talk about those chemicals if you want, but the core of this bill is the principle that we should not permit people to sell food for consumption by New Yorkers without disclosing the chemicals that they are adding to these food under a long standing loophole in federal law that the federal government has not proposed to close, the FDA or anybody else, has proposed to close. The the principle here is that if you wanna sell food to New Yorkers, you should not have secret ingredients made by chemical companies because they supposedly have various benefits in food. This is not a bill that bans those chemicals. It simply requires that chemical companies and food producers disclose the presence of those chemicals and disclose the science behind why they believe those chemicals to be safe, which under federal law, they're already required to do. They're required to do the scientific analysis. They are just not required to disclose that analysis to anybody unless that analysis proves to them that the substance is carcinogenic. This is a huge loophole in our laws. Most other jurisdictions in the world have no such loophole. In most places in the world, you gotta disclose what's in people's food, and people can determine whether it's safe. We have an enormous loophole. I and I'm sure my colleague and many of other other of us have been lobbied by the food industry. They are not assert they're asserting that some changes are happening to the FDA, some more changes they're they're expecting in July. They are not asserting that there is a current plan to close this particular loophole in federal law. And so under federal law, you can continue to sell food in New York and everywhere else in America with ingredients, and the present it's not just a question of whether they're banned or not. The presence of the ingredients and their safety profile is not disclosed either at the federal level or the state level currently, and we can fix that here in New York.

[Senator George M. Borrello]: Thank you. On the bill.

[Speaker 0]: Senator Barrella, on the bill.

[Senator George M. Borrello]: Thank you, senator Kavanaugh. You you'd said some interesting things, but my colleagues said some interesting things, mister president, that this has been known for ten years to be a loophole here in New York State. Last I knew, this is the newest bill. This bill hasn't really gone anywhere up until recently, until the Trump administration and the MAHA movement came forward and saying, we're gonna do something about this. Because we had lots of years to do it, right, even at the federal level. We could have done it under the Biden administration. We could have done it right here in Albany for the last ten years with the knowledge that this is a problem. I don't disagree that these things should be taken out of our food, and there should be disclosure. I I agree with that. I think having the industry already moving that way, having a national initiative that's going to make it universal is the responsible way to do it, and we're seeing that today. We're seeing making it much easier for these companies to use alternative ingredients that are better for us and healthier. That's a good way to do this. So to say now all of a sudden that here in New York State, after knowing for a decade that this is a problem, we're not gonna do it. We're gonna rush it through, but we're really not. We don't have matching bills. We're giving them three years. People can still buy the stuff. Right? They just can't get it here. You know where I live, the state of Pennsylvania is literally, you know, on the border of my district. You can people go shopping in Erie, Pennsylvania all the time in my district, so it's not gonna stop them from buying those foods. Because people make choices. Right? And you might say, well, they need to know what's in it. There's lots of things that that should apply to. Unfortunately, not everything can be done as easily and simply as we sometimes describe it to be. So I believe that this is gonna be burdensome. It's quite frankly just a political move in my opinion in a lot of ways, and I realize that I'm one of the few no votes here. I get that. But the reality is this is already happening. It is a movement that is supported by grassroots people across The United States, people who suffer from issues and, and sometimes chronic diseases because of what they think is in their food that impacts them. So I get that. That's a good thing. The Trump administration, RFK junior, and and and the organization that represents these, manufacturers themselves are all moving in that direction. But we're gonna get up and say, oh, no. We did it first. Meh. That doesn't pass muster with me. Okay? We need a national standard so this can be done effectively, more quickly, honestly, because it's gonna take three years for this to be implemented here essentially. And really, not in a way that's going to make it easy, I think, for this to actually be implemented. So I will continue to be a no vote on this bill. I understand my colleagues' intentions and yes vote. But in the end, I don't know that this is really the best way to go about it. So thank you, mister president.

[Speaker 0]: Thank you, senator Borrelo. Are there any other senators wishing to be heard? Seeing and hearing none, debate is now closed. Senator Serrano.

[Senator José M. Serrano]: Upon consent, we've agreed to restore calendar two thirteen to the noncontroversial calendar.

[Speaker 0]: They'll return to the noncontroversial calendar. Read the last section.

[Senate Secretary/Reading Clerk]: Section eight is actually to defect one year after shall become a law.

[Unidentified procedural prompter (likely Presiding Officer/desk)]: Call the roll.

[Senate Secretary/Reading Clerk]: Adabo, GNR's Kruger Ort, Sewer Cotton's wife.

[Speaker 0]: Senator Oberacker to explain his vote.

[Senator Peter Oberacker]: Thank you, mister president. First and foremost, I wanna take a moment and thank senator Kavanaugh for his leadership on this bill, in our final year. It's been a pleasure working with you. This bipartisan bill focuses on protecting children's health and giving families transparency about what's in their food. It's not a partisan issue. It's a common sense issue. As a food scientist, I can clearly say this bill is achievable. Food companies work within strict specifications in nutritional requirements. I know this. I've done this. Reformulating a product using an alternative color source is not only possible, it's already being done. And when companies say change will cost more, the reality is natural alternatives already exist, including oleoresins, when we're talking color, and other enhancers that can replace a synthetic dyes without sacrificing quality. This legislation is not about fear or alarm. It's about understanding what actually is in our food for our children and which they are eating every day. The chemical names can sound scary without con when when context actually matters. And I noticed some of us, I'm looking around, I

[Senator Brian P. Kavanagh]: see some

[Senator Peter Oberacker]: blue bottles of dihydrogen oxide with CO2. If I was to say that, there wouldn't be any Senator Barillo, you can partake. So they do sound scary. And my role here is to separate real health and health concerns from confusion and what's proposed in this bill. This bill is sound, it's sensible, and the framework is grounded in science. And I'm proud. I am proud to sponsor this bill because as someone who has formulated food products firsthand, I know this can be done and I believe New York should lead when it comes to food safety and transparency. And I proudly vote aye. Thank you, mister president.

[Speaker 0]: Senator Obrak, are to be recorded in the affirmative. Senator Kavanaugh to explain his vote.

[Senator Brian P. Kavanagh]: Thank you, mister president. Gonna use just a little bit of my time to clarify a few things that have been said. First of all, this bill is not a response to the Trump administration. It's not a response to the Maha movement. I honestly have never heard of the Maha movement when we introduced this bill because it was February 2024 when we introduced this bill, and at least I did not anticipate a second Trump administration at that point, although perhaps some folks did. This is a bill that results from our work on national food safety. I was attending national food safety conferences and the Center for Science and Public Interest and the Environmental Working Group and Consumer Reports and pediatricians all over the country had flagged the fact that there are numerous chemicals in our food that are undisclosed under federal law and are widely perceived to be one of the reasons why our food safety system is failing. So we introduced this bill, again, in '2 in the 2024. We spent a long time thinking about it, negotiating it, discussing it, and then we passed it on this floor last year. And we passed it, with numerous amendments that were intended to respond to concerns we heard from small businesses, from others. The the second thing I wanna clarify is this bill goes into effect one year from the date it shall become law. There's an additional provision that says if you have food on your shelves and you're a retailer and that food would otherwise be prohibited by this bill, you can sell that food for an additional for until the late the earlier of three years from the date of effectiveness or the best buy date. And that was intended to deal with situations where you didn't want retailers to have to clear their shelves of or frankly check the, you know, check the ingredients list and go to national databases to figure out whether statewide database to figure out whether the food was legal or not legal. So that was a consideration we put in very early in this process for our retailers. I would note that the coalition of giant food producers that are heavily lobbying against this bill do not think this loophole is gonna be closed at the federal level. In fact, they have been lobbying for more than a decade to prevent this loophole from being closed at the federal level, and they are not asserting that this loophole is gonna be closed at the federal level now. I will also note when they put out a memo about this bill in the very last days of May, right around the time we were debating it, they included among the purported opponents the small bodega the the bodega and small business association in the state of New York. The bodega and small business association put out their own memo in support of this bill because our small businesses understand that big food companies should not be providing unknown chemicals in food that they're selling in their communities. The ironically, the national associations are telling us that one of the problems with this bill is if that if food if giant food companies were to sell food that's illegal, that somehow the bodega owners would be responsible when they turn around and sell the food. There's no reason to think that might occur. But again, these are giant food companies telling us if they keep the ingredient if they sell things illegally in our in our state, the problem is that other people are held accountable. This bill will hold them accountable. And more than that, once again, this is a bill that is in addition to three widely banned ingredients, this bill is primarily about disclosing to our consumers what is in their food in a way that is transparent that all of us and scientists and others can review to make sure we're selling food as safely as possible. And the numerous consumer brands, you know, and the and chemical companies, Danone and Diageo and Eastman and, Mandalay's and Coca Cola and Smucker's and McCormick and all these company PepsiCo and Safeway and all these companies that are producing food and relying on the trust of consumers should stop opposing the simple premise that what goes in the food is disclosing. I'm proud it should be disclosed, and the safety profile of that should be disclosed as well. I'm proud I'm proud to vote aye. Thank you.

[Speaker 0]: Senator Kavanaugh should be recorded in the affirmative. Announce the results.

[Senate Secretary/Reading Clerk]: In relation to calendar two thirteen, vote in a negative are senators Ashby and Barreto. Ayes 56 and ayes two. The bill is passed.

[Speaker 0]: Senator Serrano, that completes the reading of today's calendar.

[Senator José M. Serrano]: Is there any further business at

[Senator George M. Borrello]: the desk?

[Speaker 0]: There is no further business at the desk.

[Senator José M. Serrano]: I move to adjourn until Monday, February 9 at 3PM with the intervening days being legislative days.

[Speaker 0]: On motion, the senate stands adjourned until Monday, February 9 at 3PM with intervening days being legislative days.