New York State SmartTranscripts:

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Reading of the journal.

[Secretary of the Senate (Reading Clerk)]: In senate, Wednesday, 02/25/2026, the senate went pursuant to adjournment. Journal of Tuesday, 02/24/2026 is read and approved. I'll motion the senate adjourn.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Without objection, the journal stands approved as read. Presentations of petitions, messages from the assembly, messages from the governor, reports of state standing committees, reports of select committees, communications and reports from state officers, motions and resolutions. Senator Generis.

[Senator Michael Gianaris (Deputy Majority Leader)]: Good morning, madam We are going to take up two resolutions simultaneously, both by senator Todisco. Previously adopted resolution fourteen eighty eight and previously adopted resolution fifteen twenty five. Please have their titles read and recognize senator Todisco.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Secretary Will Reed.

[Secretary of the Senate (Reading Clerk)]: Resolution fourteen eighty eight by senator Todisco congratulating the Shenandoahua High School girls varsity cross country team and head coach Rob Cottier upon the occasion of capturing the New York State Federation cross country team championship. Resolution fifteen twenty five also by senator Disco congratulating Jolie Chichak of Shenandoahua High School upon the occasion of capturing the 2025 New York State Public High School Athletic Association Girls Tennis Singles State Championship on 10/29/2025.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator Tedesco, and the resolutions.

[Senator Jim Tedisco]: Thank you so much, madam president. And, madam president and my colleagues, I'm pleased today to welcome a federation championship team and an individual state champion to the chamber today, both from Shenandoahua High School. First, I introduce to you the girls cross country team and head coach Rob Coutier, who captured their first ever New York State Federation Championship on Sunday, 11/22/2025 at Bowdoin Park in Wappingers Falls, New York. Prior to their Federation success, the team won the state class a title at the New York State Public High School Athletic Association Girls Cross Country Championship on Saturday, 11/15/2025 at Queensbury High School in Queensbury, New York. The team garnered an impressive suburban council dual meet record of ten and two and an overall record of 32 wins and only two losses. The team also embodied the term scholar athletes, achieving enviable success in the classroom with a team wide grade point average of 94 o 5%. I ask you to welcome these outstanding student athletes, And their names are, if they could stand as they call them out, Leila Buzrier, Addison Morelli, Katie Battle, Riley Lynch, Courtney Koricki Kroicki, Raquel Landa, and Alex Beer. Along with them is assistant coach Beth Hague and head coach Rob Lutier. Also, I introduced to you with them another outstanding champion from Shenandoahua High School, the New York State Public High School Athletic Association tennis singles state champion, Jolie Chichak, here with coach Bill McArthur and her proud mom, Kelly Scott Chichak. Jolie, just a freshman and a state champion, captured the twenty twenty five New York State Public High School Athletic Association tennis singles state championship at the USTA Billy Jean King National Tennis Center in Fluffy Flushing, New York on Wednesday, 10/29/2025 with a seven six six four straight sets victory over her opponent. Jolie is the first single state champion from section two since 1998 and Shenandoahua High School's first ever singles state champion. Jolie has earned the number one single spot on the Shenandoahua varsity girls tennis team each year since her first year as a seventh grader compiling an outstanding record of fifteen and two, followed by a record of fourteen and one as an eighth grader. This is the eighth grader competing against all grades. And an undefeated record of eight and zero as a ninth grader. Who's gonna sign up to wanna be her agent? I don't know, but let's get in line here. Like the cross country team, Jolie's success on the court translates into the academic space with a great point average of 96.33. And, of course, the common denominator to individual and team success starts at the top with the school's athletic director, who also joins us in the chamber today, Lucas Labehr. Madam president and my colleagues, I would ask you to welcome them, congratulate them, and say we're proud of them and offer them all the cordialities of this august body.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Thank you. To our guests, the girls cross country champions and the tennis champion, I welcome you on behalf of the senate. We extend to you the privileges and courtesies of this house. Please remain standing and be recognized. Congratulations. The resolutions were adopted on January 28 and February 4. Senator oh, Senator Serrano.

[Senator José M. Serrano]: Hi. Please recognize Senator Oberaca for an introduction.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator Oberaca for an introduction.

[Senator Peter Oberacker]: Thank you, madam president. I rise today to introduce the members of Downsville Central School student council. Downsville is in the heart of the Catskills and in the 51st Senate District. And for my esteemed colleagues from the city, Downsville is the home to the Pipakton Reservoir, which supplies New York City with nearly a quarter of its drinking water. Or as I've come to, I think affectionately said here in the chamber, dihydrogen oxide. So with that, I would like to, madam president, I would like to inter or, introduce everybody here to the, to the senate and we'll start off with, Kendall, Acevedo. We have Raymond Bull. We have Riley Emerick. We have Juliana Francisco or Franco, excuse me. Ryan Fritz. Charlie Furman. Riley Furman, Avery Howard, Sadie Keja, Alison Kirby, Harmon McAdams, Harmony McAdams, Olivia May, Angela Navi Navi yes. Navi it'll come to me. Hang on. Navi Lido, Elizabeth Odell, Erva Patel, Tyler Reed, Addison Van Valkenburg, Everett West, and Kenny Young. And our advisers are Nikki O'Dell and Jeanie Langdon. Madam president, I would like to afford them all the courtesies of this chamber. Thank you. Thank you.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: To our guests from Downsville Central Student Council, I welcome you on behalf of the senate. We extend to you the privileges and courtesies of this house. Please remain standing and be recognized. Congratulations.

[Senator José M. Serrano]: Senator Serrano. Let's, please take up the reading of the calendar.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: The secretary will read.

[Secretary of the Senate (Reading Clerk)]: Calendar number one ten, senate print four eighty seven by senator Fernandez, enact too many executive law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this action will conducted immediately.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, GNR, Spruger, or Sorcutt and Zelner.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator Fernandez to explain her vote.

[Senator Nathalia Fernandez]: Thank you, madam president. Every August 31, families across our state pause to remember someone they lost. But remembrance alone is not enough. Overdose awareness day is a commitment to prevention, to treatment, to recovery, and to policies rooted in evidence instead of fear. Overdose is not a moral failure. It is a public health crisis, and we know what works. Access to naloxone saves lives. Drug checking tools saves lives. Harm reduction saves lives. Treatment without stigma saves lives. As chair of the committee of alcoholism and substance use disorder, I see the data, but more importantly, I see the people around it, behind it, supporting it. Parents who never stopped hoping, siblings who carry grief quietly, and New Yorkers fighting every day for their recovery. Designating Overdose Awareness Day New York sends a clear message that we will continue to confront the crisis with compassion, with sight, with science, and with resolve. We will remember those that we've lost. We stand with those in recovery, and we will keep building a system that saves lives. I proudly vote aye. Thank you.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator Fernandez, be recorded in the affirmative, announce the results.

[Secretary of the Senate (Reading Clerk)]: Ayes, 54.

[Presiding Officer (Result Announcer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Number two twenty eight, senate print thirty five seventy four by senator Clear, enactment of real property tax law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this action took effect immediately. Call the roll. Adabo, GNR Spooker, Ort, Zellner.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: Relations to calendar 02/28, voted in a negative. Senator wall senator Wallzik, eyes v three, nays one.

[Presiding Officer (Result Announcer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number two forty nine, senate print five thousand three eight by senator Hinchy, enactment of public authorities law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this action will be conducted immediately.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Kitabo, g n r s kruger, orks from Cottonselda. Announce the results. Aye, 54.

[Presiding Officer (Result Announcer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number two sixty one, senate print forty four zero eight by senator May, act to amend the environmental conservation law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Lay it aside.

[Secretary of the Senate (Reading Clerk)]: Council number 308, senate print three seventy eight by senator Brook, an act to amend the to amend the education law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this act with the confect on the ninetieth day of child become a law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, Junar, Krueger, Ort, Storkut, and Zellner.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: Ayes, 54.

[Presiding Officer (Result Announcer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Charter number three twelve, senate print fifty three ninety two by senator Scarcella Spanton. Enact, to amend the education law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section three, this action will be correct immediately. Call the roll. Adabo, GNR, Springer, Ort, Zuka, and Zelnick.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: Relations to count of three twelve, voting in a negative r, senators Barrelo, Helmy, Martinez, Rhodes, Tedisco, and Walzik. Ayes, 48 and a six.

[Presiding Officer (Result Announcer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number 316, senate print fourteen twenty four by senator Liu, enact to amend the education law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this action is expected immediately.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Call the

[Secretary of the Senate (Reading Clerk)]: roll. Adabo, Gnrs Kruger or Zukahn Zelner.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: Ayes, 54.

[Presiding Officer (Result Announcer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number 329, senate press 6274 by senate Scarcello Spanton. And that's when the private housing finance law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section three, this action taken effect on the ninetieth day of Jabba Kama law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Paul de Rolle.

[Secretary of the Senate (Reading Clerk)]: Nadabo. G and R, Spruger, Ort, Sukad, and Zelman.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: Ayes, 54.

[Presiding Officer (Result Announcer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number 334, senate print three fifteen by senator Scufus. A match from the alcoholic beverage control law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this action could affect immediately.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo. Ginars, Krueger, Ort, Zuka, and Zelner.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: Ayes, 54.

[Presiding Officer (Result Announcer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Number 345, print 50 277 by senator Bailey. Enact from the the cannabis law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Read the last section. Oh. Lay it aside. Sorry.

[Secretary of the Senate (Reading Clerk)]: Calendar number 352, senate print 4467 by senator mayor. Enact from the workers' compensation law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this action will take effect immediately. Call the roll. Adabo, G and Rs Kruger, Ort, Sukut, and Zelner. Announce the results. Ayes, 54.

[Presiding Officer (Result Announcer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number three fifty three, set up in 4473 by senator Ramos. And that's to amend the labor law.

[Senator Andrew Lanza]: Lay aside.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Lay it aside. Senator Serrano, that completes the reading of today's calendar.

[Senator José M. Serrano]: Okay. At this time, can we remove the lay aside on calendar three forty five? Take it up on the noncontroversial calendar.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: On consent.

[Senator José M. Serrano]: On consent.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: On consent, calendar three forty five is restored to the act the calendar, the noncontroversial calendar. Secretary will read.

[Secretary of the Senate (Reading Clerk)]: Calendar number three forty five, senate print fifty two seventy seven by senator Bailey, an act to meet the cannabis law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this act shall take effect immediately.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, GNRS Kruger, Ort, Sokuttons, Zelner.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Announce the results.

[Secretary of the Senate (Reading Clerk)]: The relation count of three forty five voted in negative r. Senators Ashby, Hellman, Lanza, Martinez, Terre, Ort Palumbo, Rhodes, Steck, Todisco, and Wozzek, eyes 43, nays 11.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: The bill is passed. Senator senator Generis. That completes the reading of the non controversial calendar.

[Senator Michael Gianaris (Deputy Majority Leader)]: Let's move on to the controversial calendar, please.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: The secretary will ring the bell. Secretary will read.

[Secretary of the Senate (Reading Clerk)]: Calendar number two sixty one, senate print forty four zero eight by senator May, enact to amend the environmental conservation law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator Wasek, why do you rise?

[Senator Mark Walczyk]: The sponsor would yield for some questions, madam president.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Will the sponsor yield? The sponsor yields.

[Senator Mark Walczyk]: So this, this bill would allow, different energy projects to be, put on state reforestation areas. It go points to Article seven of the Public Lands Law, which establishes a fee paid to the secretary of state for $50. Is that how much the the fee would be for a solar developer to put solar panels on a state reforestation area?

[Senator Rachel May]: Through you, madam president, could I ask my colleague for the specific reference in law that that stipulates that fee.

[Senator Mark Walczyk]: Yeah. Your your bill points to article seven of the public lands law. This is the area where in public lands, you can, have different purposes in reforestation areas. Talks a lot about mining. And then in section 82 subsection three, a fifth a fee of $50 shall be paid to the Secretary of State for each such notice of the filing. So is that it's a very old fee. Will that be the fee that a solar company will be paying the state of New York for developing a solar field on a state reforestation area?

[Senator Rachel May]: Madam President. We can get more information on that, but my understanding is that just the initial filing fee stands as is.

[Senator Mark Walczyk]: Through you, madam president, will the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? I do. The sponsor yields.

[Senator Mark Walczyk]: Yeah. That same section of law that you reference in in your bill notwithstanding any provision of Article seven of the public lands law, which is the one that you point to, really focuses on mining operations with a minor footprint. It requires mines if the state allows them on public lands to pull anything out of the ground, a minimum royalty of not less than 2% of fair market value. What royalties will a solar company have to pay to the residents of the state of New York for having the pleasure of having a solar field on a state reforestation area if your bill becomes law?

[Senator Rachel May]: Madam president, so any such project will involve a negotiation with the state and the setting of a fair market fee?

[Senator Mark Walczyk]: Through you, madam president, will the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor continue to yield?

[Senator Mark Walczyk]: I will. But a solar panel harvests electrons from the sky. They're not pulling minerals out of the earth, so, article seven wouldn't really apply to them. Would it be a 2% royalty or some other royalty? Is it negotiable, or should we assume that there's no royalty paid to the residents of the state of New York for using, land that they currently own to have solar fields on?

[Senator Rachel May]: President, my understanding is that it's negotiable. I also want to point out that most of the projects that we imagine will be built in this under this law would be transmission lines running across state reforestation lands from a a solar or a wind site that is not on state reforestation lands. So those negotiations would be separate.

[Senator Mark Walczyk]: And through you, madam president, will the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? I will. The sponsor yields.

[Senator Mark Walczyk]: I don't I'm not aware that the state has, allowed much mining operations on state owned land or forest reforestation areas that are owned by the people of the state of New York in a while. And that's probably why Article seven of the Public Lands Law section 83 says, for each tree measuring four inches or more in diameter at a height of one foot from the ground, which shall be cut, the party operating the mine shall pay the state treasury the sum of $1. Will that also apply for solar companies when they're cutting down trees on our state reforestation areas? Will it be $1 per tree no matter what the size?

[Senator Rachel May]: First of all, we did pass a senator Serrano's bill last year that bans new leases for mining on these on state reforestation lands so that those provisions aren't applicable anymore for in terms of new mining projects. For these, like I said, there will be a negotiation. The the language of the bill and the underlying law and practice of DEC is to minimize any tree cutting or other disturbance of the land where possible. A lot of state reforestation lands are have been logged, are already devoid of trees, and and there are an opportunity for more trees to grow up, but there already are transmission corridors or potential transmission corridors that don't require cutting any trees to begin with.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? I want. The sponsor yield.

[Senator Mark Walczyk]: So what will be the charge for a solar company if your bill becomes law that comes into a state reforestation and cuts trees? What will that that charge be if the public lands law, as it's currently written at $1, doesn't apply and it's negotiable.

[Senator Rachel May]: Through you, madam president, the way this actually works, and we envision it working in the future, is that for any project that it might involve cutting down trees, there would be a mitigation plan that will involve planting more trees than the number of trees that were cut down. So this would be, the the negotiation would be less about money and more about mitigation of the of of the site.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? The sponsor yields.

[Senator Mark Walczyk]: Yeah. So I I didn't write this bill or reference article seven of public lands law, but currently, the law says it's a a dollar per tree. You've essentially taken the mining operations section, repeated it and put in green energy. So I think that same section of law would apply. Are you saying you're just hopeful that DEC or ORES will negotiate that it is $1 or more per tree, one being the minimum in statute? And then what would protect our forest lands from from a solar company that wanted to cut those trees? What would ensure that the residents of the state of New York would at least get that dollar?

[Senator Rachel May]: So first of all, for you, madam president, we're talking about reforestation lands, not just, you know, like old growth forest or that sort of thing. But also, all of these projects would have a whole process. There could be a seeker review process of these. There will be mitigation plans put in place so that the $1 amount, I think, is a red herring. There are many, many other ways that DEC will be involved in protecting those lands. And I will point out that, this is in stark contrast to what the federal government is trying to do right now with our our federal lands, where they are just opening up federal lands to to mining and basically raping and pillaging of the land without any kind of of oversight or need for for repair. So what we're doing in New York is much more responsible.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? I do have sponsor yields.

[Senator Mark Walczyk]: Focus on the germane parts of that response. So I'm I'm not sure if you're aware, but the governor of the state of New York has proposed in her budget this year rolling over Seeker for green energy projects. That would apply if your bill also becomes law. There would be no seeker review unless there's a provision that I've missed here, is there?

[Senator Rachel May]: We we will be negotiating in the budget to substitute her proposal with my bill, which actually does have robust protections, and and keeps the secret review much stronger in these kinds of situations.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? I what? The sponsor yields.

[Senator Mark Walczyk]: What is the purpose of a state reforestation area?

[Senator Rachel May]: Through you, madam president, there's a variety of purposes. These are parcels of land that are acquired by the state either to, after logging has occurred, to to, you know, reforest, put the trees up, but some of them are also required for recreational purposes. Maybe they're good, hunting or fishing areas. There are quite a few different

[Senator Andrea Stewart-Cousins (Presiding Officer)]: I do. The sponsor yields.

[Senator Mark Walczyk]: Would you say that it's in line with the article 14 of the New York State Constitution that the dedication thereof for the practice forest or wildlife conservation. Does that sound right to you?

[Senator Rachel May]: And president, I I agree with that, and I will say in many cases, these are lands that will be leased for forestry. So they might be they they might be acquired in order to grow the trees for future logging. So to say that it's just for conservation is, is a simplification.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? I do. The sponsor yields.

[Senator Mark Walczyk]: Yeah. The the regrowing of trees or good forest management practices would be directly in line with the New York State constitution article 14 that says the dedication thereof for the practice of forest or wildlife conservation. Is your bill in line with article 14 of the New York State constitution?

[Senator Rachel May]: President, yes.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? I do. The sponsor yields.

[Senator Mark Walczyk]: How is putting solar panels on a reforestation in line with the dedication thereof for the practice of forest and wildlife conservation?

[Senator Rachel May]: Through you, madam president. As it is for the practice of logging, this is, these some of the as I mentioned before, some of these lands have multiple uses, and solar panels or or wind production on state reforestation lands would be in in accord with the CLCPA and with other state laws that are designed to protect the the overall environment over time so that we can be protecting our our forests, and our waterways, and our all of our resources from the depredations of rapid climate change. So there are there are always trade offs, but this is one where I think it is a a positive for our environment.

[Senator Mark Walczyk]: Madam president, will the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? Sponsor yields.

[Senator Mark Walczyk]: Yeah. So I I think I understand, the spirit of what you're trying to do here now. You wanna take state reforestation areas, open them up to green energy projects. The idea is that that development, whether it be wind, solar, battery storage on a state reforestation area, the benefit will then be used for other lands somewhere else. Does your legislation require a solar company to purchase and preserve like lands, additional state for reforestation areas somewhere else in the state that would be preserved?

[Senator Rachel May]: Through you, madam president, it it clearly states in the bill that this would only allow, uses that are in in that do not interfere with the operation of the reforestation areas for the purposes for which they were required, which is why we primarily expect that this will be used for transmission lines that could be put through that would that would not interfere with reforestation or with recreation or whatever the purpose was, and they would facilitate production of green energy that is something we have agreed that this state needs, but not production on the land, just transmission through the land.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to

[Senator Andrea Stewart-Cousins (Presiding Officer)]: yield? Does the sponsor yield? Very well. Sponsor yields.

[Senator Mark Walczyk]: Yeah. That's something that I wanted to to talk to you about because I I agree that shall not interfere with the operation of such reforestation areas for the purposes for which they were acquired. As you just cited, a state reforestation area is acquired for reforestation. But the bill also says, which I think contradicts that, such installation shall include, but not be limited to solar power and wind power, include, but not be limited to under such terms. How is a solar powered facility in line with the purpose of a state reforestation area? How can you grow a forest and have solar panels in the same spot?

[Senator Rachel May]: Why it's through you, madam president, this is why it says, you didn't finish that sentence under such terms as may be prescribed by the department and upon such conditions that the exercise of such agreement rights shall not interfere with the operation of such reforestation. So this probably, as I said, will mean there might be wind production in the on some of those sites, but solar is unlikely to be on-site on reforestation land. It's the transmission lines that are so important. We know across Upstate, there are many, many proposals for solar and wind installations, and local people often organize to make sure that those are not in their view shed, on their prime forest prime farmland in certain places where they don't want them. So there's a push to put these kinds of facilities in places that are out of the way. And that means you need to figure out a way to get transmission lines through, often through state reforestation lands. It has been one of the major barriers to getting some of these projects built that will ultimately bring down energy costs and allow us to fulfill the climate law.

[Senator Mark Walczyk]: Madam president, will the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? It will. The sponsor yields.

[Senator Mark Walczyk]: Well, I don't think anybody, despite the giant solar sprawl that we've seen across Upstate New York, I don't think anybody has seen the cost savings of that or believes that it will provide it. But if you don't envision that solar panels will be on state reforestation areas, then why did you write it in this legislation? Why did you even provide for it? If this was just about transmission and not wind and solar, then why even outline those things and say, but not even limited to. I mean, is battery storage going to be allowed on state reforestation areas?

[Senator Rachel May]: As I mentioned, reforestation lands are not necessarily forested. There may be some lands where it is appropriate to site a solar installation. But whatever activity is envisioned on these lands, it has to fit with these criteria that it doesn't interfere with with what the purposes were that for which that land was acquired. But it may be that they are ideal places for transmission lines, for example, because they have been forested in the past or have have been logged in the past and are now being reforested.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? I do. The sponsor yields.

[Senator Mark Walczyk]: So are you saying that the state has purchased state reforestation areas that are out out of line with environmental conservation law that states in order to and I'm looking at, nine dash zero five zero one, the state's power to acquire reforestation areas, in order to provide for the acquisition of lands outside the Adirondack Park and the Catskill Park as defined in subdivisions one and two of Section 9 Dash 0101, which are adapted for reforestation and establishment and maintenance thereon of forests for watershed production, the production of timber and other forest products, that's the logging that you referenced, and for recreation and kindred purposes. The department may acquire the name in the name of the state a gift purchase appropriation. It goes it goes on to say, how? So are solar panels on state reforestation areas a kindred purpose? Is that the reach that we have here?

[Senator Rachel May]: Through you, madam president, that is up to DEC to decide if it is compatible with the the purposes of the land.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? Yes. The sponsor yields.

[Senator Mark Walczyk]: So under, section four eighty of real property tax law, counties can't tax reforestation areas. Will counties be able to assess a solar farm or negotiate a a pilot in a reforestation area under this legislation?

[Senator Rachel May]: Through me on a president, I do not know the answer to that, but I since the likelihood is that those kinds of production facilities will be outside of the reforestation lands, that would be presumably, perfect perfectly possible.

[Senator Mark Walczyk]: Madam president, will the sponsor continue to yield? I would.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: The sponsor yield? Yep. The sponsor yields.

[Senator Mark Walczyk]: I I just wanna be clear on that. You believe that counties

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator, can you continue to go through the chair, not directly to the Sorry. I thought that I Thank you.

[Senator Mark Walczyk]: Yeah. Through you, madam chair. So just for the for the record, you believe that counties will be able to tax, assess, negotiate pilots with solar fields, wind wind farms, battery storage facilities that are sited on state reforestation areas?

[Senator Rachel May]: Through you, madam president. No. What I said was the likelihood is that those production facilities will not be on the state reforestation lands. They will be off of that land. But if they are on the state reforestation land, I I believe that that that's a different matter.

[Senator Mark Walczyk]: Madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? Yeah. The sponsor yields.

[Senator Mark Walczyk]: Yeah. I I wanna go back to

[Senator Andrea Stewart-Cousins (Presiding Officer)]: your Senator?

[Senator Mark Walczyk]: Oh, through you, madam president. I I just wanna go back to the to the bill here. In in line 10, you say such installations shall include, not may include, but not be limited to solar power and wind power under such terms as may be prescribed by the department, meaning the Department of Environmental Conservation. So why write that they shall include solar and wind power if your intent in this legislation isn't even to bring solar and wind power onto state reforestation areas.

[Senator Rachel May]: Madam president, whether it's shall or may, the, the the bill was intended for completion of connectivity across state reforestation lands. And and earlier in the bill, it says that citing and connectivity of renewable energy installations and the transmission and distribution of electricity therefrom. That is the main purpose of this bill. And so we should focus on that transmission issue, which is the primary reason why we need to make sure that state reforestation lands are available for these purposes.

[Senator Mark Walczyk]: And through you, madam president, will the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? I do. The sponsor yields. Is there a ban on the Senator?

[Senator Mark Walczyk]: Oh, I thought I went through you, madam chair. Through you, madam chair, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Yes. The sponsor yields.

[Senator Mark Walczyk]: Is there a ban on herbicides, used in reforestation areas in this bill?

[Senator Rachel May]: Not part of this bill.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? I do. The sponsor yields. And

[Senator Mark Walczyk]: through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: I think the sponsor yielded.

[Senator Mark Walczyk]: Will solar companies be able to use Roundup and other products like that? Is there any provision in your bill that would protect our state reforestation areas from products that they can use that they've used in a number of their solar facilities in New York?

[Senator Rachel May]: Madam president, I'll repeat again, that these projects shall not interfere with the operation of such reforestation areas for the purposes for which they were acquired. That is, the DEC will will put guardrails on any of these projects so that they don't interfere with reforestation.

[Senator Mark Walczyk]: Madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? I do. The sponsor yields.

[Senator Mark Walczyk]: Is there a prohibition on battery storage facilities in this bill or would those also because there's often, solar fields are usually congruent with battery storage facilities because of the way that power peaks when a solar field harvests the power, and then the way that we our energy demand requires that power. They're often paired up with battery storage facilities. Is there any prohibition for battery storage facilities to be on state reforestation areas in your bill?

[Senator Rachel May]: Through you, madam president, there is not, but I will reiterate that if the purpose of this is transmission, that transmission could make it possible to site the storage elsewhere.

[Senator Mark Walczyk]: Madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? I do. The sponsor yields.

[Senator Mark Walczyk]: So if the purpose is transmission, then why have we said shall include, but not limited to, solar power and wind power?

[Senator Rachel May]: Through you, madam president, this bill is intended to be permissive to allow a variety of green energy options and and not to stipulate restrictions on them.

[Senator Mark Walczyk]: Thank you. Madam president, on the bill.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator Wozzek, on the bill.

[Senator Mark Walczyk]: I am not the Lorax, but I speak for the trees. I speak for the trees, for the trees have no tongues. And I'm asking you, ma'am, at the top of my lungs, you are making a thneed, a new kind of thneed, a shiny black glass covered solar power thneed. It's a panel. It's a charger. A green energy fix. But you're chopping down trees to make room for these sticks. But it's power, you yell. It's it's clean and it's bright. It brings us the sun in the dark of the night. But I say, senator Wunsler, you're crazy with greed. There is no one on earth who will need that much need. You're hacking down cherries, maple soft as the silk with the sweet calming smell of fresh butterfly milk. You are chopping them down for a sustainable plot. If you ruin the place, tell me what have you got? A factory for sunshine, a sterile dead ground where the beaver once frisked? Now there's no one around. They loved living there in the shade of the trees. Now they've got no more home. Out out with the bees. You are destroying the air to make clean air, you say. If you kill off the trees, you are throwing away the machine that God made, the true breathing machine that turned bad air to good with their lush leafy greens. And the eastern bluebird waking up before dawn has no branch for a nest. Now the hollows are gone. You can't fix the planet by stripping it bare. You are making power without cleaning the air. A tree is a living, breathing, and green. Far better than any black solar paneled machine. So stop with your axes. Stop with your hacking. Please cease. Let the trees grow. Let them breathe. Give them peace. For a tree falls the way that it leans, and you're leaning, I fear, towards some very dark scenes. Unless you vote no.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Are there any other senators wishing to be heard? Senator Lanza?

[Senator Andrew Lanza]: Madam president, thank you. If I could put some prose to that poetry, you've heard me tell this story before. On Staten Island, we had this wonderful forest, pretty old growth, thousands of several different species of oak trees, maples. There were wetlands. It was one of the most beautiful areas you ever saw. And a few years ago, they came in and they killed every tree. They killed every animal. They filled in every wetland, and they replaced it with a solar panel field, which is now like Staten Island's roads covered with snow. We don't know how much electricity is being generated there. No one can tell us where it's even going. And I'm told recently that these solar panels are ending or nearing the end of their useful life. So if the choice is between, killing our trees and having solar panel panels with dubious, efficacy, Clearly, the example I've just cited to you on Staten Island is an environmental disaster, not an environmental benefit. There is plenty of vacant land across New York state where we could be engaging in these green energy plans. We should not be cutting down forests and killing wildlife in order to do it? I vote no.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Are there any other senators wishing to be heard? Senator Burrell.

[Senator George Borrello]: Thank you, madam president. First of all, nothing I'm going to say is going to rhyme.

[Senator Jim Tedisco]: I'm gonna

[Senator George Borrello]: but, let me say this. You know, senator May mentioned that, you know, we have people that have organized to push back against solar panels that are in their sight lines around for forest land or farmland. Yeah, they do and they lose every single time. Thanks to the bad policies that are passed in this chamber. You know, I don't think people realize this. These people, they're not in the energy business, they are in the taxpayer subsidy business. They want the cheapest way to do it for the maximum return. And the only profit, the only profit is from taxpayer dollars. If there was no subsidies, there would never be another wind or solar project built anywhere in The United States, period, end of sentence, because there's no profit in it. So instead, we've created these ways to clear things out for them. And that's what's gonna happen here too. These guys are the kings of the bait and switch. Every time we have a new solar project go up in my district, they say, yeah, we're fine with a 500 foot setback. And then all of a sudden, well, we have to have a you know, we're gonna file a grievance. We're gonna we're gonna ask for that 500 feet to be 200 feet. Happens every single time. They're con artists And we allowed this to happen. When I was county executive in Chautauqua County, we had a company that wanted to put solar panels on our landfill. I'm like, we have good closed landfill sites. Things are never gonna ever they're brownfields. They're never gonna ever be used for anything again. So let's do that. We'll put those flexible solar panels and when I got to the meeting, the guys that were there selling me the solar panels were like, oh no no no no. We can't do that. It's too expensive. We wanna cut the forest around the landfill to put up the solar panels because that's easier and cheaper and faster. And then you have the, fact that you've got ORES that can just roll over all the DEC regulations. They send a guy out to say, oh yeah, there's no bats in those trees. I don't see them right now. We're all good. Start cutting. And the idea that this is cheaper is ridiculous. If it's cheaper, why do we have to have these twenty and thirty year power purchase agreements where someone, typically a public utility, has to buy electricity at this price from the solar developer and sell it on the open market for this price. That's what a power purchase agreement does. This is not cheaper, it's certainly not cleaner, but it is going to actually impede our ability to have good farmland, forest land, and the beautiful place that we all love here in New York State. We are letting these con artists roll over us, and to do it on reforested areas in our public lands is shameful, and I'm also voting no. Thank you, madam president.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Okay. Okay. Are there any other senators wishing to be heard? Seeing, hearing none, the debate is closed. Secretary will ring the bell. That's right. Mr.

[Senator Michael Gianaris (Deputy Majority Leader)]: Generics Reminds me that we've agreed to restore this to the non controversial calendar.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: On consent, the bill is restored to the non controversial calendar. Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section two, this action will take effect immediately.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, J. N. R. Sprueger, Ortz, Wilkinson, Zelner.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator May explain her vote. Thank you, madam president.

[Senator Rachel May]: If we're gonna talk about con artists, let's talk about the fossil fuel industry, which learned in the early nineteen sixties, if not sooner, from the geologists that they hired to go and find oil deposits around the world, they learned from those geologists back then that their business model was putting Earth on a collision course with global warming that was going to destabilize the climate. They knew it then. They leaped into action, not to change their business model, but to sow disinformation, lies, and and misinformation all across the world, but especially in this country. They hired lobbyists by the thousands all across this country to persuade, government officials that there was nothing to see there. We didn't have to worry about it, and they've been doing it ever since. They have put trillions of dollars, probably, at this point into misinformation about fossil fuels, and they continue to do it. Even now, they are sponsoring all kinds of hate campaigns against green energy as well. While elsewhere in the world, we are seeing people's carbon countries carbon emissions in China, their carbon emissions are coming down because they have made massive investments exactly in the kind of energy that is the energy of the future. Here in New York State, if you if you want to see the kinds of the kinds of savings we get from solar energy, just last summer in the two hottest days in June, behind the meter solar saved ratepayers over a $180,000,000 in two days. And a lot of that was community solar, much of which only works if you can put the transmission lines on some of these kinds of remote areas or through forested lands. So this bill actually could bring our energy costs down while also pushing back against the greatest con artists of all time. The fossil fuel lobby that has has captured this country has shaped how we use cars. It has shaped what our cities look like. It has shaped everything about how we live in this country in order to make us dependent on fossil fuels. And I am proud that here in New York, we are working hard to get off that dependence. I vote I. Thank you.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator May to be recorded in the affirmative. Senator Lanza to explain his vote.

[Senator Andrew Lanza]: Madam president, in spite of the two wrongs make a right argument, I'll be voting no.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator Lanza to again be recorded in the negative. Senator Harkom to explain his vote.

[Senator Pete Harckham]: Thank you very much, madam president. I would like to thank senator May for bringing this bill. Just wanna address a couple comments that we've heard here. First of all, about fixed prices for solar energy. That's actually a good thing. If you look at the graph of where community choice aggregation prices were, last year, before the PSC in its infinite wisdom decided to kill the community choice aggregation, the graph looks like this. And if you look at electricity and natural gas prices for those who didn't have community choice aggregation, it's like this. A very stark difference. And that's why those fixed rates, are very powerful thing for consumers. And physics are physics. A kilowatt of clean energy is cheaper than a kilowatt of fossil fuel energy, kilowatt of nuclear energy. And that's simply a fact of the marketplace, which was why 90 per 95% of all the world's new generation is clean energy. The petro state of Texas, which doesn't even believe in climate change, all of their new generation has been wind, solar, and battery storage. We heard the savings in New York in two days from the senator. In ten years, and this comes from the Texas state regulators, this is not some green tree hugger number, $30,000,000,000 in savings for Texas ratepayers. What do we have against saving money for our ratepayers? That's all we talk about in this chamber is a high price of utilities. The answer to climate change and the answer to high utility prices is the same. It's clean energy. I vote aye.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator Harkom to be recorded in the affirmative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: In relation to calendar two sixty one voting in negative are senators Ashby, Barello, Gallivan, Helming, Lanza, Matera, Obaracker, Ort, Rhodes, Steck, Todisco, Walzik, and Weber. Ayes 42, list 13.

[Presiding Officer (Result Announcer)]: The bill is passed.

[Secretary of the Senate (Reading Clerk)]: Calendar number three fifty three, senate print forty four seventy three by senator Ramos, an act from the labor law.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator Walczyk, why do you rise?

[Senator Mark Walczyk]: Of course, through you, madam president. I hope to ask some questions.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Guess the sponsor to yield?

[Senator Mark Walczyk]: Yeah. Would the sponsor yield for this?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Will the sponsor

[Senator Jessica Ramos]: yield? Through you, madam president. I intend to answer such questions.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: The sponsor yields.

[Senator Mark Walczyk]: Thank you, madam president. In in line 30 of page two, you've added statutory damages. What does statutory damages entail in this context?

[Senator Jessica Ramos]: Statutory damages in the context of this bill, means a 100% of the liquidated damages.

[Senator Mark Walczyk]: And through you madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? Yes. The sponsor yields.

[Senator Mark Walczyk]: Yes. And that's part of the reason for my question because it's listed just before liquidated damages. So what what's different here? What's the what's the statutory damages mean?

[Senator Jessica Ramos]: Madam president, the intent of this bill overall is to provide clarification over language that has been misconstrued in the way different state courts have applied, the law. And so I am hoping that by including both terms, there is no, confusion over how, recovered wages should be obtained through class action lawsuits.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? The sponsor yields.

[Senator Mark Walczyk]: The bill does not differentiate between intentional wage theft and good faith payroll mistakes, does it?

[Senator Jessica Ramos]: Madam president, wage theft is wage theft. Sometimes it is administrative, sometimes it is not. The idea behind the bill and any and all recovery efforts through our court system, whether in individual cases or class action cases, is for a worker to recover the entirety of their wages.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield?

[Senator Jessica Ramos]: Yes.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: The sponsor yields.

[Senator Mark Walczyk]: So this bill would be allowing class action lawsuits against a small business who makes an innocent mistake that they would gladly correct. This would still allow a a class action lawsuit to be brought in that case?

[Senator Jessica Ramos]: Through your president, very seldom do does a situation of that of that kind reach up the bench if it was indeed an administrative error. This is in order for our state law to be in compliance with federal law so that when workers at a workplace present a class action lawsuit against an unscrupulous employer are able to recover the entirety of their wages just as a worker would if the case was brought individually.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? Yes. The sponsor yields.

[Senator Mark Walczyk]: So why wouldn't a plaintiff's attorney use this framework to pressure small businesses into settlements? Are you creating kind of a incentive structure for that here?

[Senator Jessica Ramos]: Through you, madam president, the word settlement is not in the language of this bill. What the bill's intent is is to bring the state into compliance with federal law so that when there is a bad boss, they are being held accountable and that the recovered wages equal the recovered wages they would be awarded if they brought the suit in an individual capacity.

[Senator Mark Walczyk]: Through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield?

[Senator Mark Walczyk]: Yes. The sponsor yields. Couldn't couldn't this be used to pursue class actions for even technical violations for record keeping violations, like incorrectly listing an address on a pay stub and leaving off the correct phone number. I understand that's not the intent, but don't you open the door for that?

[Senator Jessica Ramos]: Through you, madam president, the senator already asked this question in, previously when he was talking about administrative errors. Now he's just enumerating them.

[Senator Mark Walczyk]: And through you, madam president, would the sponsor continue to yield?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Does the sponsor yield? Yes. The sponsor yields.

[Senator Mark Walczyk]: Thanks for that. The, New York labor law provides that if the employer fails to give an employee wage notification form at hiring, the damages are up to $5,000 and in January, January. Or if a pay stub is not compliant, the damages are up to $5,000. Because state courts have held those penalty have held those or penalties, They have not permitted class actions for these violations just as an individual action. So under this bill, now a small business could be sued in state court on a class basis for $5,000 for each employee if the employer makes a record keeping mistake. Do you think a small business owner, say, with 20 employees should be sued for a $100,000 because of a pay stub error?

[Senator Jessica Ramos]: President, no. It doesn't. This does not establish any new grounds for a lawsuit. The language of this bill is exclusively about paying out the wages to a group of workers who bring about a class action lawsuit instead of doing so in an individual capacity. We are not expanding or amending the law, on the grounds of, what type of lawsuits can be brought.

[Senator Mark Walczyk]: Thank you, madam president.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Thank you. Are there any other senators wishing to be heard? Senator Barello.

[Senator George Borrello]: Thank you. You so much, madam president. I'm a proud member of the NFIB, the National Federation of Independent Businesses, representing 11,000 small businesses. So I wanna just bring up an important salient point here. I know the discussion has been on wage theft. But essentially, what this is saying is if this bill were to pass, plaintiff's attorneys will sue countless small businesses in New York state court for up to $10,000 per employee over wage theft notice and pay stub violations, not actual wage theft. These cases are easy to, allege and win, making them extremely attractive for plaintiffs' attorneys. So once again, we're making it easier for lawyers to sue small businesses. So I'll be voting no. Thank you.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Are there any other senators wishing to be heard? Seeing, hearing none, the debate is closed. Secretary will ring the bell. Senator Generis.

[Senator Michael Gianaris (Deputy Majority Leader)]: The president, let's restore this to the non controversial calendar,

[Senator George Borrello]: please.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: On consent, the bill is restored to the non controversial calendar. Read the last section.

[Secretary of the Senate (Reading Clerk)]: Section five is action to take effect immediately.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Call the roll.

[Secretary of the Senate (Reading Clerk)]: Adabo, GNR Skooker or Swilcutt and Zoner.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator Ramos, explain her vote.

[Senator Jessica Ramos]: Matt, thank you, madam president. You know, right now, a group of 20 employees cannot bring about a class action lawsuit. There's a minimum of 40. Now I know that there are varying definitions, perhaps even personal definitions about what a small business is or isn't. But very rarely does an innocent mistake in a firm or a small business of very few employees constitute the the level of class act class action wage recovery that we are trying to make easier through the amending of this language. This body back in 2009 actually had already amended the law with regard to the Fair Labor Standards Act. And so we have seen since that then that the interpretation across state courts has not been uniform and has not allowed workers to actually get all of the wages back. And I believe that no matter what side of the aisle you may sit on, what we do want to do is utilize the law to uplift good businesses, whether they're small businesses, mid sized businesses, the biggest businesses you can think of. The point is to uphold standards and be able to even perhaps reward good businesses. We're not we're this isn't about administrative mistakes that more often than not can be clarified and fixed way before a lawsuit actually comes before a judge. So, you know, my my my colleague across the aisle might not be the Lorax, but perhaps he's the monopoly guy. What do I know? Regardless, we want people to get every single dime that they are entitled to because they've worked and they deserve that money and they deserve the clarification in the law so that we can protect them and every worker in New York. There's a gross affordability issue in this in this state, and this is one of the many ways that as a body we have been able to protect workers, and I'm very proud to vote aye.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: Senator Ramos, to be recorded in the affirmative. Announce the results.

[Secretary of the Senate (Reading Clerk)]: Relations calendar three fifty three, vote in a negative r. Senators Barello, Galvin, Hellman, Obaracar, Ort, Stett, Tedesco, and Walzik. Ayes, 47. Nays, eight.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: The bill is passed. Senator Generis, that completes the rating today's calendar.

[Senator Michael Gianaris (Deputy Majority Leader)]: Is there any further business at the desk?

[Senator Andrea Stewart-Cousins (Presiding Officer)]: There is no further business at the desk.

[Senator Michael Gianaris (Deputy Majority Leader)]: I move that we adjourn until Wednesday, March 4 at 3PM with intervening days being legislative days.

[Senator Andrea Stewart-Cousins (Presiding Officer)]: On motion to send a stand adjourned until Wednesday, March 4 at 3PM with intervening days being legislative days.