Overview of 2018 Executive Budget and Senate/Assembly Budget Resolutions

Staff contact: ken.pokalsky@bcnys.org
Contact information for our lobby team is available here.

CONSTRUCTION

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
MWBE and state contracts Extends to December 31, 2018 the provisions governing MWBE contracting.

TED Article VII Bill Part O
Executive Budget proposal omitted. Extends to December 31, 2019 the provisions governing MWBE contracting. Allows MWBE contracting/procurement provisions to sunset on 4/15/18; provides that if
a required statewide disparity study is completed and delivered to the Governor and legislature on or before 6/30/17, the provisions would be extended to 12/31/18.

Amends chapter 261 of the laws of 1988, amending the state finance law and other laws relating to the New York state infrastructure trust fund, in relation to the minority and women-owned business enterprise program. The Act shall expire April 15, 2018 unless the disparity study is completed by June 30, 2017 at which time the act shall continue until December 31, 2018
Infrastructure Investment Act Extends the Infrastructure Investment Act and expands the authorization to use design/build to any authority as such term is defined in section 2 of the public authorities law, every state agency, as such term is defined in section 160 of the state finance law and including the state university of New York and the city university of New York, and any and all affiliates or subsidiaries of such entities, and counties as such term is defined in section 3 of the county law, excluding Bronx, Kings, New York, Queens, and Richmond counties.

TED Article VII Bill Part P
Executive Budget proposal omitted. Executive Budget proposal omitted. Executive Budget proposal omitted.
Design/Build and State Dormitory Authority Extends the authorization for Dormitory Authority to utilize design/build.

TED Article VII Bill Part W
Extend authority but with sunset in 2019. Executive Budget proposal omitted. Senate version adopted

S.2008C/A3008C, Part W

Design/Build authorization S.2009C/A.3009CPart RRR

Design/Build authorized only for specified projects, where total project cost is over $5 million. Preserves state employment and mandates, collective bargaining, and project under various sections 135 of State finance law, 101 of general municipal law, and labor law section 222.

CONTRACT PROCUREMENT

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
Buy American Amends State Finance Law and Public Authorities Law contract provisions.

Applies to state contracts spending $100,000 or more on “products,” including products used in construction contracts; and to real property leases that provide for construction or renovation.

All such contracts must include a “preference” for products “manufactured in America.”

Manufactured inAmerica means: final assembly in the US (or products grown or mined in the US); component parts must be 60% domestic origin; and subcomponents of components must be 60% domestic origin.

Exclusions include steel purchased under SFL Section 146; energy, electricity, fuel and petroleum products; software, microprocessors, computers and other data processing and storage products.

Exemptions for immediate/emergency needs; quality/price comparisons in cases where there is a sole US manufacturer; where domestic production is inadequate; where domestic sourcing results in unreasonable cost increase; or where such preference is banned by treaty or provisions of federal funding.

S.2005/A.3005, Part J
Executive Budget proposal omitted.

Applies made in America provisions to public works projects funded by the “dedicated infrastructure investment fund,” by the MTA, or by New York City.

Applies to iron, steel and manufactured products permanently incorporated into the public works.

Provides a 20% price preference for MIA products; manufactured in the US means all manufacturing processes take place in the United States.

Allows exemptions based on public interest, product availability and/or quality.

S.2005-B, Part J.
Executive Budget proposal omitted.

Applies MIA provisions to the State Finance Law, Public Authorities Law, Highway Law, and General Municipal Law.

Applies to iron, steel and manufactured products permanently incorporated into the project.

Provides a 25% price preference for MIA products; manufactured in the US means all manufacturing processes take place in the United States, in addition for manufactured products at least 60% of its components by cost are of domestic origin.

Allows exemptions based on public interest, product availability and/or quality.

A.3005-B, Part J.
Executive Budget provision omitted.
Political Contributions by Bidders and Contractors Prohibit campaign contributions by bidders from start of the restricted contact period to date of contract award; prohibition for successful bidders would extend for an additional 6 months.

Applies to contributions to office-holders and candidates related to the entity requesting the procurement.

S.2010/A.3010, Part L
Executive Budget proposal omitted. Executive Budget proposal adopted.

A.3010, Part L
Executive Budget provision omitted.
MWBW program extension Extends without amendment the effectiveness of provisions relating to minority and women-owned business enterprises participation in state contracts to 12/31/18.

S.2008/A3008, Part O
Executive Budget proposal omitted. Executive Budget proposal adopted.

A.300180, Part O
Allows MWBE contracting/procurement provisions to sunset on 4/15/18; provides that if
a required statewide disparity study is completed and delivered to the Governor and legislature on or before 6/30/17, the provisions would be extended to 12/31/18.

S.2009-C/A.3009-C, Part CCC
Chief Procurement Officer Creates position of “chief procurement officer” to be appointed by the Governor and serve under OGS Commissioner.

Authority to oversee “all state procurements;” guard against fraud, corruption, extravagance, etc.; can review any procurement and report suspicion of fraud, conflicts of interest etc.

S.2010/A.3010, Part K
Executive Budget proposal omitted. Executive Budget proposal adopted.

A.3010, Part K
Executive Budget provision omitted.
Inspector Generals Creates Inspector General for the NY Port Authority and Education Departments.

S.2010/A.3010, Part I and J
Executive Budget proposal omitted. Executive Budget proposal adopted.

A.3010, Part I and J
Creation of the Office of the Inspector General of New York for Transportation, with investigative and prosecutorial power over criminal and ethical violations in transportations entities located in New York City.
SUNY/CUNY Foundations Requires adoption of financial control policies for nonprofit organizations affiliated with SUNY and CUNY.

S.2010/A.3010, Part H
Executive Budget proposal omitted. Executive Budget proposal adopted.

A.3010, Part H
Executive Budget provision omitted.
Vendor ID Codes Directs the comptroller, attorney general, OGS commissioner and IT director to study the feasibility of assigning single ID codes to state vendors and contractors.

S.2010/A.3010, Part L
Executive Budget proposal omitted. Executive Budget proposal adopted.

A.3010, Part L
Executive Budget provision omitted.
Emergency Contracts - Extends OGS authority to enter into construction contracts up to $600,000 on an emergency basis through 6/30/19.

- Authorizes creation of list of eligible bidders for work at secure state facilities.

S.2005/A.3005, Part L
Executive Budget proposal to extend OGS emergency contracting authority was a adopted. 

Other Executive Budget proposals were omitted.

S.2005-B, Part L
Executive Budget proposal adopted.

A.3005-B, Part L
Extends OGS authority to enter into construction contracts up to $600,000 on an emergency basis through 6/30/19.

S2005-C/A.3005-C, Part L.
Preferred Sources Makes modifications to preferred source procurement program, including allow DCCS correctional industries program eligible to do asbestos abatement work; makes conforming amendments to preferred source guidelines; makes other minor amendments.

S.2005/A.3005, Part N
Executive Budget proposal omitted. Executive Budget proposal adopted.

A.3005-B, Part NL
Executive Budget provision omitted.
Legislative Printing Allows OGS to procure legislative printing contracts under $85,000 without competitive bidding.

S2005/A.3005, Part M
Executive Budget proposal omitted. Executive Budget proposal omitted.  

ECONOMIC DEVELOPMENT

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
StartUp NY Renamed “Excelsior Business Program”Eligibility limited to “new business,” defined as: not having generated net income prior to application; not publicly traded; no more than 25 employees; others.

Participants shall be eligible for credit based on wages of new employees; remaining credits – ITC, R&D and RPT – are at discretion of ESDC.

S.2005/A.3005, Part X
Executive Budget proposal omitted.

Senate would close the program to new applications effective 4/1/18.

S.2005-B, Part X.
Executive Budget proposal omitted.

Assembly requires that the program’s annual report include data and information related to specific program years, and identifying the number of net new jobs and any net new jobs subsequently lost.

A.3005-B, Part X
Executive Budget provision omitted.
Capital Appropriations Economic Development capital appropriations include:

- Total UDC = $2.385 billion
- $150 million for regional economic development councils
- $207 million for the strategic projects fund
- $199 for the NY Works economic development fund
- $55 million for both SUNY and CUNY 2020 programs.
- $150 million for life science lab initiatives.
- $300 million for the new life science initiative.
- $400 million additional to the Buffalo Billion to support revitalization, smart growth, advanced manufacturing, rail expansion and other projects.
- $700 million for Moynihan Station
- $108 million for Kingsbridge Armory Ice Center
- $ 123 million for the Hudson Valley and Erie Canal multi-use trail project.
- $55 million for tourism-related projects.
- $100 million for downtown revitalization grants.

Capital Appropriations Bill
Economic Development capital appropriations include:
- Total UDC = $1.882 billion
Accepts:
- $199 for the NY Works economic development fund
- $55 million for both SUNY and CUNY 2020 programs.
- $300 million for the new life science initiative.
- $400 million additional to the Buffalo Billion to support revitalization, smart growth, advanced manufacturing, rail expansion and other projects.
- $700 million for Moynihan Station
- $108 million for Kingsbridge Armory Ice Center

Capital Appropriations Bill
Economic Development capital appropriations include:


- Total UDC = $1.561 billion
- $199 for the NY Works economic development fund
- $55 million for both SUNY and CUNY 2020 programs.
- $150 million for the new life science initiative.
- $400 million additional to the Buffalo Billion to support revitalization, smart growth, advanced manufacturing, rail expansion and other projects.
- $700 million for Moynihan Station
- $108 million for Kingsbridge Armory Ice Center

Capital Appropriations Bill
Economic Development capital appropriations include:
- Total UDC = $2.385 billion
- $150 million for regional economic development councils
- $55 million for both SUNY and CUNY 2020 programs.
- $300 million for the new life science initiative.
- $400 million to the Buffalo regional innovation cluster. 
- $700 million for Moynihan Station
- $108 million for Kingsbridge Armory Ice Center
- $100 million for downtown revitalization grants. - $77 million for the Hudson Valley and Erie Canal multi-use trail project.
Economic Development Fund Annual extension of authorization of the Urban Development Corporation to administer the Empire State Economic Development Fund.

Extension through 7/1/18.

S.2008/A3009, Part M
Executive Budget proposal adopted.

S.2008-B, Part M
Executive Budget proposal adopted.

A.3008-B, Part M
Executive Budget provision adopted.

S.2008-C/A3008-C, Part M
UDC Loan Authority Annual extension of the general loan powers of the New York State Urban Development Corporation

S.2008/A3009, Part N
Executive Budget proposal adopted.

S.2008-B, Part N
Executive Budget proposal adopted.

A.3008-B, Part N
Executive Budget provision adopted.

S.2008-C/A3008-C, Part N
Waterfront Revitalization Program Increase the State match for the Local Waterfront Revitalization Program from 50 to 75 percent

S.2008/A3009, Part T
Executive Budget proposal adopted.

S.2008-B, Part T
Executive Budget proposal adopted.

A.3008-B, Part T
Increase the State match for the Local Waterfront Revitalization Program from 50 to 75 percent, and up to 85 percent in environmental justice zones.

S.2008-C/A3008-C, Part T
REDCs

 

Creates the Regional Economic Development Councils in statute; requires strategic plans by 12/31/17;

Members to be appointed by the Governor, Senate and Assembly; subjects members to the Public Officers Law (e.g., ethics and financial disclosure requirements); ESDC to develop project scoring criteria; REDC scoring to account for 50% of project’s overall assessment; project scoring to be posed on-line; projects will be assessed based on job creation and retention; annual independent cost/benefit analysis of the program; this act would sunset 4/1/19.

S. 2008-B, PART LLL
Would subject the regional economic development council members to the Public Officers Law

A.3008-B, PART PP
Not addressed.
Economic Development Program Reports   Requires ESDC to conduct an comprehensive economic development report listing all forms of economic development spending by all state agencies, authorities and corporations, including but not limited to direct spending, tax expenditures, marketing and advertising, grants, awards and all other subsidies.

S.2008, Part MMM
Requires recipients of UDC financial assistance to submit annual reports on jobs created related to economic development benefits.

A.3008-B, Part QQ
Requires ESDC to prepare annual comprehensive report on all programs administered by ESDC and UDC.

S.2009-C/A.3009-C, Part UUU

EDUCATION/WORKFORCE DEVELOPMENT

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
Education Funding/General Policies Total local assistance of $34.498 billion; aid for K-12 education $31.483 billion.

Removing the cap on charter schools in NYC

$5.3 million appropriation and $4 million in re-appropriations for pathways in technology early college high school program grants; increase of at least 10 PTECH schools.*

$2 million to pay for advanced placement exam fee for up to 68,000 low income students.

(Aid to Localities Appropriations Bill)
Total local assistance of $34.893 billion; aid for K-12 education $31.820 billion.

Reduces P-TECH funding to $1.465 million.
Total local assistance of $35.315 billion; aid for K-12 education $32.263 billion.

Executive Budget proposals accepted for P-TECH and AP exam fees.
Increase direct aid to schools by $1.2 billion to $25.8 billion; includes increase in Foundation Aid by $700 million.

$5.3 million appropriation for early college programs, and $4 million in re-appropriations for early pathways in technology early college high school program grants.

$2 million to pay for advanced placement exam fee for up to 68,000 low income students.

S.2000-D/A.3000-D
Excelsior Scholarship Applicable to attendees at in state public colleges taking at least 15 credit hours per semester.

Scholarship covers cost of tuition, less education grants such as TAP, PELL grants and others.

Starting with 2017-18 academic year, Initial eligibility is for students/households with AGI under $100,000, rising to $125 in three years.

Projected annual cost is $163 million when fully implemented.

S.2006/A.3006,, Part D
Executive Budget proposal omitted.

Senate proposes to extend TAP program for graduate students; to adopt an enhanced TAP program for students with a 3.0 GPA, taking 30 credit hours per year, and that commit to residing in NYS post-graduation ( for as many years as they received enhanced TAP); and to allow TAP for part time community college students.

S.2006-B Parts VV, WW and XX.
Executive Budget proposal is modified, to base eligibility on less than 15 credit hours per semester, and to raise the household income eligibility to $150,000.

A.3006-B, Part D.
Applicable to attendees at in state public colleges taking at least 12 credit hours per semester and 30 hours per year.

Scholarship covers cost of tuition, less education grants such as TAP, PELL grants and others.

Starting with 2017-18 academic year, Initial eligibility is for students/households with AGI under $100,000, rising to $125 in three years.

Projected annual cost is $163 million when fully implemented. $87 million appropriated for first year.

Recipients are required to reside in NYS, and not work out-of-state, for as many years as they received the Excelsior Scholarship, or the scholarship converts to a student loan.

S.2000-D/A.3000-D
DREAM Act Make students without lawful immigration status eligible for the Tuition Assistance Program and other State financial assistance programs offered to college students who are New York State residents.

Eligible student have lived continuously in NYS while attending high school (or pursing GED), and apply to in-state college within five years of high school graduation.

S.2006/A.3006, Part E
Executive Budget proposal omitted. Executive Budget proposal adopted. Executive Budget provision omitted.
TAP Criteria Would preclude TAP for students at colleges whose annual tuition and fee increases exceeded either $500 or the three year average of the Higher Education Price Index (HEPI), whichever is greater.

Applicable in FY 2019, applies to students first receiving TAP after the 2017-18 academic year.

S.2006/A.3006, Part F.
Executive Budget proposal omitted. Executive Budget proposal omitted. Adopts enhanced TAP program for private not-for-profit colleges.

Award value of up to $6000 including required institution match; institution cannot increase tuition for participating students.

Students must complete at least 12 hours per semester and 30 hours per year; Starting with 2017-18 academic year, Initial eligibility is for students/households with AGI under $100,000, rising to $125 in three years.

Recipients are required to reside in NYS, and not work out-of-state, for as many years as they received the Excelsior Scholarship, or the scholarship converts to a student loan.

S.2009-C/A.3009-C, Parts HHH and III
Workforce Training Credits Modifies the 2015 workforce training job credit; expands the credit to include life science companies.

S.2009/A.3009, Part L
Executive Budget proposal omitted. Executive Budget proposal adopted.

A.3009-B, Part L
Executive Budget proposal adopted.

S.2009-C/A.3009-C, Part L.
Youth Jobs credit Extends the youth jobs credit at current levels through tax year 2022.

S.2009/A.3009, Part N.
Executive Budget proposal omitted. Adopts the Executive Budget’s program extension through tax year 2022; modifies the distribution of tax credits for years six through ten; adopts a new refundable construction industry apprenticeship tax credit program for 2018 through 2022 tax years; applies to Articles 9A and 22; credit of up to $10 million in credits available annually; credits range from $2000 to $4000 per year per apprentice.

A.3009-B, Part N
Extends the credit program at $40 million per year for 2018 through 2022, inclusive.

S.2009-C/A.3009-C, Part L.

ENERGY/ENVIRONMENT

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
NYSERDA Transfer Directs the Comptroller to receive for deposit to the credit of the General Fund a payment of up to $913,000 from NYSERDA

PPGG Article VII bill Part Z
Executive Budget proposal adopted. Executive Budget proposal adopted. Executive Budget proposal adopted.

S.2009-C/A.3009-C Part XXX
RGGI Sweep Directs the Comptroller to receive for deposit to the credit of the General Fund a payment of up to $23,000,000 from proceeds collected by NYSERDA from the auction or sale of carbon dioxide emission allowances allocated by the department of environmental conservation Increased RGGI sweep to $78M Accepts and directs such funds shall be utilized for direct grants for community solar electric projects in low-to-moderate income and environmental justice communities. Executive Budget proposal adopted.

S.2009-C/A.3009-C Part XXX
“Little 18-a Assessment” Authorizes NYSERDA to finance its research, development and demonstration, policy and planning, and Fuel NY programs, and to finance the Department of Environmental Conservation’s (DEC) climate change program, from a special assessment on gas and electric corporations not to exceed $19.7 million.

Directs a transfer $1 million to the state general fund for services and expenses of the department of environmental conservation and to transfer $750,000 to the University of Rochester laboratory for laser energetics from the funds received.

TED Article VII bill Part MM
Rejected the majority of assessment but left in place a $1,200,000 to fund the University of Rochester laboratory for laser energetics Executive Budget proposal adopted. The final budget authorizes NYSERDA to finance its research, development and demonstration, policy and planning, and Fuel NY programs, and to finance the Department of Environmental Conservation’s (DEC) climate change program, from a special assessment on gas and electric corporations not to exceed $19.7 million.

Directs a transfer $1 million to the state general fund for services and expenses of the department of environmental conservation and increases the transfer to $825,000 for  the University of Rochester laboratory for laser energetics from the funds received.


S.2008-C/A.3008-C Part MM
Expand 18-a This legislation would authorize utility oversight related expenditures of the Departments of Agriculture and Markets, Environmental Conservation, State, and the Office of Parks, Recreation and Historic Preservation as eligible expenses of utility assessment revenues (18-a). This provision would cost approximately $3M in this fiscal year. This two-percent “temporary state energy and utility service conservation assessment” is not extended

TED Article VII bill TED Part V
Executive Budget proposal omitted. Rejected the expansion but accepted the traditional cable assessment.

Assembly proposes instead transfer from the New York Power Authority:

- $532,000 to the department of agriculture and markets' and the office of parks

- $1,650,000 to the department of Environmental Conservation

- $2,158,000 for direct and indirect expenses of the department of state's utility intervention unit pursuant to subdivision 4 of section 94-a of the executive law
The final budget would authorize utility oversight related expenditures of the Departments of Agriculture and Markets, Environmental Conservation, State, and the Office of Parks, Recreation and Historic Preservation as eligible expenses of utility assessment revenues (18-a). These provisions will cost approximately $3M in this fiscal year. The final budget does not extend the two-percent “temporary state energy and utility service conservation assessment”.

S.2008-C/A.3008-C Part V
New Oil Spill Capital Account Would establish a new capital account, the New York Environmental Protection and Spill Remediation Account

TED Article VII bill Part HH
Executive Budget proposal omitted. Executive Budget proposal omitted. Executive Budget proposal adopted.

S.2008-C/A.3008-C Part HH
Emerging Contaminant Monitoring Act Establishes a new § 1112 to the Public Health Law, which would require: DOH to disseminate regulations listing substances identified as emerging contaminants that meet specific criteria; and Covered public water systems to test drinking water for the presence of emerging contaminants, and unregulated contaminants monitored under the federal Safe Drinking Water Act

Health/Mental Hygiene Article VII Bill Part M
Senate amends the proposal to require that drinking water is tested for contaminates that the Drinking Water Quality Institute recommends. Provides that the State shall cover the cost of testing for non-covered water systems. Assembly amended the Executive proposal to require the issuance of maximum contaminant levels for emerging contaminants in three years. The Assembly removes the power of the commissioner to add a substance merely through a declaration. Additionally, the Assembly clarifies the process of public notification Substantially accepted with some limited amendment

S.2007-C/A.3007-C Part M
Residential Well Testing Act Would require the testing of drinking water wells prior to and as a condition of sale of any residential real property, upon completion of the drilling of any water well, and at least once every five years for rental properties.

Health/Mental Hygiene Article VII Bill Part N
Senate Rejected and replaced with the Drinking Water Quality Institute. The proposed DWQI would allow citizens to establish MCLs for any contaminate without any specific scientific reasoning. Assembly amends the Executive proposal to require well testing for the following specific pollutants and contaminates; bacteria (total coliform); sodium; nitrites; nitrates; iron; manganese; iron plus manganese; pH; lead; 1,4-dioxane; vanadium; strontium; chromium-6; chlorate; perfluorooctanesulfonic acid; perfluorooctanoic acid; and other emerging contaminants. In addition the Assembly proposal would require that the Department of Environmental Conservation (DEC) maintain a geographic information system, to incorporating information from remedial programs, the source water assessment program, data from annual water supply statements and any other existing data regarding soil and groundwater contamination currently gathered by the DEC. Rejected Residential Well testing replaced with Drinking Water Quality Council. The Council shall include eight members including members with scientific expertise. The council shall make recommendations to the department relating contaminants, which the department may list as emerging contaminants. Before the council advances any recommendation to the department, the council shall provide an opportunity for public and stakeholder comments.

S.2007-C/A.3007-C Part R
Mandated Recycling of Organic Waste Beginning January 1, 2021, this proposal would require certain high volume generators of food waste high volume food waste generators such as manufacturers, supermarkets, large restaurants, higher educational institutions and healthcare facilities that produce an annual average of two tons per week or more of excess food and food scraps at a single location to divert excess edible food and food scraps to food banks, animal feed operations, composting facilities, anaerobic digesters, or other organics recycling facilities.

TED Article VII bill Part KK
Executive Budget proposal omitted. Assembly included substantial and technical amendments to the organic waste proposal. The amended proposal would provide that hospitals are not covered by the provisions. Specifically, the legislation would require that an organics recycler be with in fifteen and not fifty miles of a designated food waste generator. Executive Budget proposal rejected
Clean Water Infrastructure Act of 2017 A new Title 12 to Article 27 of ECL that would provide DEC the power to compel the cleanup and abatement of solid waste sites and drinking water.
TED Article VII bill Part II

The Executive Budget also includes a $2B appropriation for clean water infrastructure.
Senate has moved this section from the Environment table to the Health VII bill Part X. Assembly has proposed major revisions to this proposal. TBC has developed a chart to describe in total. Amended significantly. TBC will develop a chart to describe in total.
Environment Protection Fund Amends the Environmental Protection Fund (EPF) to establish a new climate change mitigation and adaptation account. The Executive Budget includes appropriations of $300 million for the EPF.

TED Article VII bill Part JJ
Executive Budget proposal omitted. Accepts the new account. Increases the transfer to the EPF and extends the Cleaner, Greener NY Act of 2013 until 2019. Accepted. Establishes a new climate change mitigation and adaptation account. The Executive Budget includes appropriations of $300 million for the EPF.

S.2008-C/A.3008-C Part JJ
Indian Point   Senate proposes the county of Westchester, in consultation with the town of Cortlandt, village of Buchanan and the Hendrick Hudson school district, shall perform a comprehensive study to develop and recommend possible solutions for the reutilization of the property that contains the Indian Point Nuclear Facility
TED Article VII Part QQ
Develops an Indian Point closure task force. Similar to the Executive proposal but in statute with specific reporting requirements.
TED Article VII Part VV
The final budget includes an Indian Point closure task force. Similar to the Executive proposal but in statute with specific reporting requirements.

S.2008-C/A.3008-C Part RR
Electric Generation Closure Assistance   Senate proposes to transfer an addition $30M from NYSERDA to ESDC to cover an increase in the electric facility closure account.
PPGG Article VII Part Z
Assembly proposed in TED Part SS the program is amended to provide continued but diminishing assistance for seven years The final budget includes an increase of $15M for the closure account. The increase will come from a $15M sweep of RGGI proceeds. In addition, the program is amended to provide continued but diminishing assistance for seven years.

S.2008-C/A.3008-C Part QQ
Greenhouse Gas Emissions to Zero   Not addressed. Assembly proposed in TED in Part XX to reduce all Greenhouse Gas Emissions to zero by 2050. This legislation is substantially similar to A. 10342

TED Article VII Part XX
Not addressed.
NYPA Maintenance of Bridges   Senate in TED Part PPP proposed to amend the canal law, to require that bridges are maintained in a manner to not impede commercial motor vehicles   Not addressed.
Paint Stewardship Program     The Assembly in TED Part TT included Paint Stewardship legislation. In addition the Assembly has included in the Environmental Protection Fund money to pay for the program. Not addressed.
Pesticide Registry       Extends increased pesticide product registration time frames and fees from 2017 to 2020.

S.2008-C/A.3008-C Part SS
Diesel Emissions Reduction Act of 2006   The Senate delayed until 12/31/19 implementation of the "Diesel Emissions Reduction Act" (DERA). Applies DERA only to state heavy-duty vehicles.   Delays until 12/31/18 implementation of the "Diesel Emissions Reduction Act" (DERA). Applies DERA only to state heavy duty vehicles.

S.2008-C/A.3008-C Part UU
Increased Local Waterfront Cap       The budget includes a provision to increase the State share for the local waterfront revitalization programs. The new provision amends ECL§ 54-1101 to increase the State cap from fifty percent to seventy-five percent of the cost of the program. In environmental justice communities, such assistance payments and/or technical assistance shall not exceed eighty-five percent of the cost of the program.

S.2008-C/A.3008-C Part T

ETHICS/CAMPAIGN FINANCE REFORM

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
LLC Contributions Imposes $5,000 aggregate annual limit on “hard dollar” contributions on limited liability companies.

Requires disclosure to the Board of Elections of all direct and indirect LLC owners; attributes LLC contributions to its owners based on proportion of ownership.

S.2010/A.3010, Part B
Executive Budget proposal omitted. Executive Budget proposal adopted.

A.3010, Part B
Executive Budget provision omitted.
Campaign Contributions Establishes $25,000 cap on contributions to “housekeeping” accounts.

Creates a public campaign financing fund, to be funded through abandoned property, voluntary designation of personal income tax liability.

Establishes new limits on contributions for candidates based on whether they accept public financing:

* Statewide candidates: $25,000 (or $12,000 if accepting public financing.
* Senate candidates, $10,000 and $8,000
* Assembly candidates, $6,000 and $4,000

S.2010/A.3010, Part D
Executive Budget proposal omitted. Executive Budget proposal adopted.

A.3010, Part D
Executive Budget provision omitted.
FOIL Reforms Generally extends the freedom of information act to the state legislature.

S.2010/A.3010, Part E
Executive Budget proposal omitted. Executive Budget proposal adopted.

A.3010, Part E
Executive Budget provision omitted.

FINANCIAL SERVICES

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
Administrative supervision proceeding Authorize Superintendent to order a domestic insurance company into an administrative supervision hearing; restricting activities of insurer during proceedings.

TED Article VII bill Part X
Executive Budget proposal omitted Executive Budget proposal omitted Executive Budget proposal omitted
Prosecution and penalty authority Increase insurance violation penalties from $1,000 per offense to $10,000;

Expand authority and discretion to initiate, prosecute and retain control over civil actions that the Attorney General would generally control.

TED Article VII bill Part Y
Executive Budget proposal omitted Increase insurance violation penalties from $1,000 per offense to $5,000;

Omitted proposed expansion of superintendent’s authority and control over civil actions.
Executive Budget proposal omitted
Student Loan Services Requires the licensing and regulation of student loan servicers.

TED Article VII bill Part Z
Executive Budget proposal omitted Omitted provisions allowing DFS to bring civil actions, to require fingerprinting, to exempt certain entities from licensure and to regulate government entities who service student loans Executive Budget proposal omitted
Protection of vulnerable adults Provide immunity for banking institutions imposing transaction holds on accounts where there is reasonable basis to suspect financial exploitation of a vulnerable adult.

TED Article VII bill Part AA
Executive Budget proposal omitted Executive Budget proposal omitted Executive Budget proposal omitted
Ban bad actors Prohibit individuals from doing business in the financial services industry if determined the individual has committed a disqualifying event as defined in law.

TED Article VII bill Part BB
Executive Budget proposal omitted Executive Budget proposal omitted Executive Budget proposal omitted
Registration of lending circles Provide an exemption for lending circles to operate in NY without a license but must be registered and under the supervision of DFS.

TED Article VII bill Part CC
Executive Budget proposal omitted Executive Budget proposal omitted Executive Budget proposal omitted
Paid family leave fund Establishes a risk adjustment paid family leave fund.

TED Article VII bill Part DD
Executive Budget proposal omitted Executive Budget proposal adopted Executive Budget proposal omitted
Regulation of online lenders Provides licensing and regulation of online lenders.

TED Article VII bill Part EE
Executive Budget proposal omitted Executive Budget proposal omitted Executive Budget proposal omitted
Reverse mortgage Include the use of settlement conferences for homeowners with reverse mortgages.

TED Article VII bill Part FF
Executive Budget proposal omitted Executive Budget proposal adopted with modification Executive Budget proposal adopted with modification
Assessments, distribution rules and insurer reserve standards Subpart A – Regulated persons will be assessed for DFS operating expenses as the Superintendent deems reasonable and just.

Subpart B – Provides for the adjustment of distribution rules for life insurance companies.

Subpart C – Provides discretion for Superintendent to revoke license where the insurer’s surplus to policyholders is not adequate in relation to the insurer’s outstanding liabilities or to its financial needs.
TED Article VII bill Part GG
Executive Budget proposal omitted Executive Budget proposal amended to clarify banks and insurance companies are exempt from the entities captured under the new assessment.

Modification of the distribution rules for life insurance companies upon bankruptcy to conform to a U.S. Supreme Court decision.
Executive Budget proposal omitted

HEALTH

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
Early Intervention Adds Early Intervention providers to the definition of "health care provider" in the Prompt Pay Law to clarify that health insurers are required to adjudicate claims for EI services within the same time limits as claims for non-EI services as well as other measures to enhance third-party payment of EI services.

Health/Mental Hygiene Article VII bill Part A
Executive Budget proposal omitted. Executive Budget proposal omitted. Executive Budget provisions omitted.
Medicaid Redesign Pharmaceutical Provisions – “high priced drug” surcharge This bill would empower DOH’s Drug Utilization Review Board (DURB) to review proprietary information about certain “high-priced drugs”, including drug utilization, development, manufacturing production and distribution, advertising costs, profit margins, and prices charged to purchasers outside the United States and then determine a benchmark price for the drugs.

The bill establishes a required supplemental rebate on the sale of these drugs sold to the State’s Medicaid program as well as a 60% surcharge on the first sale of such drugs in New York State. Revenue from this surcharge would be placed in the high priced drug reimbursement fund then distributed to the Medicaid program and health insurers in the state.

Health/Mental Hygiene Article VII bill Part D
The Senate modifies to require, within Medicaid, rebates and surcharges on drugs that exceed an established benchmark by limiting growth of drug expenditures that do not result in offsets or savings in the Medicaid program; require pharmacies be reimbursed in the Medicaid program by an acquisition cost methodology and raising the dispensing fee; the Senate adds allowing a third-party vendor to verify drug rebates owed to the state to maximize discounts and require the drug utilization board to review rebate agreements when a non-preferred drug in the Medicaid program has a high level of utilization. The Assembly modifies the Executive proposal to establish a surcharge on high cost drugs to ensure pharmacies will be exempt from the surcharge. Applies to Medicaid only

State to establish an annual Medicaid program aggregate drug spending cap, based on 10 year average cost increase. If DOB projects the cap to be exceeded, DOH will identify specific drugs for consideration for a “targeted supplemental Medicaid rebate” to be paid by the manufacturer.

Based on review by the expanded drug utilization review board, if the state cannot negotiate a rebate of at least 75% of a proposed rebate, the state can revoke prior approval status for the drug; the state can also require the manufacturer to submit to the state extensive reporting on its drug development costs, sales, rebates, etc.

S.2007-C/A.3007-C Part D
HCRA Taxes Without any analysis of need, this bill extends the provisions and associated taxes of the Health Care Reform Act (HCRA for three years, through December 31, 2020.

Health/Mental Hygiene Article VII bill Part H
Executive Budget proposal accepted. Executive Budget proposal accepted. Executive Budget provisions adopted.

S.2007-C/A.3007-C Part H
PBM registration This bill would regulate non-Medicaid Pharmacy Benefit Manager (PBM) services through registration and licensure by the Department of Financial Services. Additionally, PBMs would be mandated to disclose any financial incentive or benefit for promoting the use of certain drugs classes or brands of drugs, and any pricing information regarding fee arrangements and rebates.

Health/Mental Hygiene Article VII bill Part J
The Senate rejects the  recommendation to require pharmacy benefit managers be regulated by the Department of Financial Services and modifies by requiring pharmacy benefit managers to disclose information for health plans to determine a pharmacy benefit manager's compliance with agreed contract terms. Additionally, the Senate advances language to require a drug rebate to be credited to a consumer if the drug is paid for by the consumer and not the consumer's health plan. The Assembly modifies the Executive proposal to regulate PBMs by adding language to establish the fiduciary duty of the PBM to the health plan, and to disallow insurers to require use of a mail order pharmacy if the local retail pharmacy agrees to the same reimbursement amount. Executive Budget provisions omitted.
Health Care Regulation Modernization Team Establishes a Health Care Regulation Modernization Team within the Department of Health to create a more efficient health care system by modernizing the State’s health regulatory framework. The team would consist of 25 voting members including state officials with relevant expertise, the chair and co-chair of the Public Health and Health Planning Council, representation from the Assembly and Senate, and other experts in in- and outpatient health care delivery, home health care, community based organizations, health care insurance, health care workforce, health care facility design and construction, consumer rights, and other relevant areas.

Health/Mental Hygiene Article VII bill Part L
The Senate modifies to decrease number of members to 12 and provide that the Board exists solely for the purpose of providing advice to the governor and the legislature on evaluation of the current statutes, policies and regulations.
Executive Budget proposal omitted. Executive Budget provisions omitted.
NYSOH Exchange Funding. Despite assurances that the exchange was to be financially self-sustaining starting in 2015, the Executive Budget includes $553 million in total funding for the operation of the NY State of Health. In FY 2017, NYSOH spending will be financed with available HCRA resources through the Medicaid program. Executive Budget proposal adopted. Executive Budget proposal adopted. Executive Budget proposal adopted.

LABOR

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
Enhance the State's ability to recover unpaid wages Allows DOL to pursue wage payments from the ten (10) members with the largest percentage ownership interest of every domestic and every foreign limited liability company; allows DOL to compel corporations and LLCs to disclose largest 10 shareholders.

ELFA Article VII bill, Part I.
Executive Budget proposal omitted. Executive Budget proposal accepted. Executive Budget proposal omitted.
Executive Order 161 Prohibition on state entities inquiring about salary history Not addressed. Not addressed. Executive Order 161 in effect.
Executive Order 162 Requires all state contractors (and subcontractors) to disclose data on the gender, race, ethnicity, job title, and salary of all its employees in all state contracts.

- Prime contracts in excess of $25,000 – Quarterly

- Prime construction contracts in excess of $100,000 – Monthly
Not addressed. Not addressed. Executive Order 162 in effect.

MISCELLANEOUS ISSUES

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
Centralized Administrative Hearings Creates the Division of Central Administrative Hearings, with the Governor to appoint a chief administrative law judge.

Office is authorized to “establish, consolidate, re-organize or abolish any administrative hearing function within any civil department of the state.

Any such plans must be approved by the Division of the Budget.

- Departments of Law and Audit and Control are exempt.

S.2006/A.3006, Part U
Executive Budget proposal omitted. Executive Budget proposal omitted. Executive Budget provision omitted.

TAXATION

Income Taxes
ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
“Millionaires Tax” Extends the top PIT rate of 8.82% through 2020 tax year

Restructures the PIT brackets and adopts rate reductions for income between $27,900 and $323,000 Revenue Article VII Bill Part R
Executive Budget proposal omitted. Executive Budget proposal omitted.

Adopts new brackets for income over $1 million, effective 1/1/18
- 8.82% for income between $1 and $5 million.
- 9.32% for income between $5 and $10 million.
- 9.82% for income between $10 and $100 million.
- 10.32% for income over $100 million.

Adopts a new “alternative tax table benefit recapture” program.

Makes permanent the CPI adjustment of the standard deduction. A.3009-B, Part TT
Top PIT rate of 8.82% through 2019 tax year.

Restructures the PIT brackets and adopts rate reductions for income between $27,900 and $323,000

S.2009-C/A.3009-C, Part R
Federal Sub-S Conformity Eliminates Article 9-A Sub-S election; requires federal sub-S corporations to be treated as S corporations for New York State tax purposes.

Revenue Article VII Bill Part Y
Executive Budget proposal omitted. Executive Budget proposal omitted. Executive Budget provision omitted.
Non-Resident Asset Sales Treats as NY source income the gains from the sale of an interest in a partnership by nonresident partners when the underlying transaction reflects a sale of partnership assets subject to Internal Revenue Code (IRC) § 1060.

Revenue Article VII Bill Part AA
Executive Budget proposal omitted. Executive Budget proposal omitted. Executive Budget provision adopted.

S.2009-C/A.3009-C, Part AA
Small Business Tax Relief Not addressed Under Article 9-A, adopt small business rate of 4% for 2018 and 2.5% thereafter; applies to taxpayers with income base under $400,000; phases out for taxpayers with income base up to $500,000.

Under Article 22, increases the business income exclusion from 5% to 10% in 2018 and 19% in 2019; makes the exclusion available for members/partners/shareholders of LLCs, partnerships and sub-S corps in addition to sole proprietors; applicable where the taxpayer has net business or farm income under $500,000 and where the income is derived from an entity with gross business income under $1.5 million (or $250,000 for a farm business.)

S.2009-B, Part SS
Under Article 9-A, adopt small business rate of 4% for 2018 and thereafter; applies to taxpayers with income base under $290,000; phases out for taxpayers with income base up to $390,000.

Under Article 22, increases the business income exclusion from 5% to 15% effective 1/1/18; makes the exclusion available for members/partners/shareholders of LLCs, partnerships and sub-S corps in addition to sole proprietors; applicable where the taxpayer has net business or farm income under $250,000 and where the income is derived from an entity with gross business income under $1.5 million (or $250,000 for a farm business.)

A.3009-B, Part SS
Not addressed.
Fulfillment Services Not addressed. Provides that foreign corporation is not doing business in NYS for Article 9A purposes by reason of using an in-state “fulfillment service”, provided that the taxpayer’s receipts from such service do not exceed $1 million; provides a definition of fulfillment service.

S.2009-B, Part AAA
Not addressed. Not addressed.
QFI for RICs and REITs Not addressed. Under Article 9A and the NYC Corporate Tax of 2015, provides a new definition of qualified financial instruments for non-captive RICs and REIT; and provides a new fixed dollar minimum schedule for such entities.

S.2009-B, Part AAA
Not addressed. Under Article 9A and the NYC Corporate Tax of 2015, provides a new definition of qualified financial instruments for non-captive RICs and REIT; and provides a new fixed dollar minimum schedule for such entities.

S.2009-C/A.3009-C, Part VV.
Business Capital Not addressed. Under Article 9A, excludes from the definition of “business capital” assets that produce dividends that are exempt unitary corporation dividends.

S.2009-B, Part BBB
Not addressed. Not addressed.
MTA Surcharge Not addressed. Freezes the Article 9A Metropolitan transportation business tax surcharge on and after 1/1/2021.

S.2009-B, Part JJJ
Not addressed. Not addressed.
Sales Tax
ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
Marketplace Providers Requires “marketplace providers” to collect sales tax on sales of tangible personal property it facilitates; marketplace provider defined as providing the sales forum and collects receipts on behalf of a seller.

Revenue Article VII Bill Part BB.
Executive Budget proposal omitted. Executive Budget proposal adopted. Executive Budget provision omitted.
Sales Between Related Entities Imposes sales tax on (1) sales to single member LLCs or subsidiaries for resale to a member or owner; (2) sales to a partnership for resale to one or more partners; and (3) sales to a trustee for resale to a trust beneficiary.

Eliminates the sales tax exemption for out of state purchases by non-resident entities (other than individuals) of articles used in NYS, unless the non-resident had been doing business outside NYS for at least 6 months.

Revenue Bill Part CC.
Executive Budget proposal omitted. Executive Budget proposal adopted. Executive Budge provision adopted.

S.2009-C/A.3009-C, Part CC.
Energy T&D Services “Clarify the sales tax applies to the transporting and delivery of natural gas and electricity when transportation or distribution is delivered by the provider of the commodity.

Revenue Bill Part DD.
Executive Budget proposal omitted. Executive Budget proposal adopted. Executive Budget provision adopted.

S.2009-C/ A.3009-C, Part DD.
Vendor Credit Not addressed. Increases the maximum quarterly vendor credit from $200 to $400, effective 3/1/18.

S.2009-B, Part CCC
Not addressed. Not addressed.
Tax Credits
ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
Life Science Credits Includes life science businesses in existing Excelsior Jobs credit program.

Creates new refundable R&D credit for life science businesses that are "new businesses;" credit is 15% of IRC R&D investments (20% for small business); capped at $500,000 per taxpayer and $10 million in aggregate per year.

Revenue Bill Part K.
Executive Budget proposal adopted, except that the Senate would sunset both provisions 1/1/28.

S.2009-B, Part K.
Executive Budget proposal omitted. Executive Budget provision adopted.

S.2009-C/A.3009-C, Part K.
Investment Tax Credit Modifies the Article 9A and 22 investment tax credit to exclude property used in the production and distribution of electricity, gas, steam or water; and to exclude costs incurred out of state related to creation or reproduction of films or audio or visual recordings.

Revenue Article VII Bill Part P.
Executive Budget proposal omitted. Executive Budget proposal adopted.

Increases the Article 9A ITC rate for research and development properties from 7 to 14%.

A.3009-B, Part UU
Modifies the Article 9A and 22 investment tax credit to exclude property used in the production and distribution of electricity, gas, steam or water.

S.2009-C/A.3009-C, Part P.
StartUp NY Program Renamed “Excelsior Business Program.”

Program reoriented to apply to true start up companies.

Eligibility limited to “new business,” defined as: not having generated net income prior to application; not publicly traded; no more than 25 employees; others.

Participants shall be eligible for credit based on wages of new employees; remaining credits – ITC, R&D and RPT – are at discretion of ESDC.

Public Protection/General Government bill, S.2005/A.3005, Part X
Executive Budget proposal omitted.

Would close the program to new applications effective 4/1/18.

S.2005-B, Part X.
Executive Budget proposal omitted.

Assembly requires that the program’s annual report include data and information related to specific program years, and identifying the number of net new jobs and any net new jobs subsequently lost.
Executive Budget proposal omitted.

The annual reporting requirement in Economic Development Law Section 438 is repealed.

S.2009-C/A.3009-C, Part UUU.
Disregarded Entities Provides that that single member LLC treated as disregarded entities for federal tax purposes is disregarded for determining eligibility of NYS tax credits.

Revenue Article VII Bill Part Q.
Executive Budget proposal adopted; with additional language allowing a taxpayer election to treat multiple LLCs that are separately certified under the Empire Zone program as separate entities. Executive Budget proposal adopted. Executive Budget proposal adopted.

S.2009-C/A.3009-C, Part Q.
Workforce Training Credits Modifies the 2015 workforce training job credit; expands the credit to include life science companies.

Revenue Article VII Bill Part L
Executive Budget proposal omitted. Executive Budget proposal adopted. Executive Budget proposal adopted.

S.2009-C/A.3009-C, Part L.
Film Production Credit Extends the film credit, the upstate bonus credit and the post production credit for 3 years, through 2022; eliminates Suffolk county from eligibility for bonus credit.

Revenue Article VII Bill Part M.
Executive Budget proposal adopted; except that they maintain Suffolk county eligibility for the bonus credit. Executive Budget proposal adopted. Executive Budget proposal adopted.

S.2009-C/A.3009-C, Part L.
Youth Jobs Credit Extends the youth jobs credit at current levels through tax year 2022.

Revenue Article VII Bill Part N.
Executive Budget proposal omitted. Adopts the Executive Budget’s program extension through tax year 2022; modifies the distribution of tax credits for years six through ten; adopts a new refundable construction industry apprenticeship tax credit program for 2018 through 2022 tax years; applies to Articles 9A and 22; credit of up to $10 million in credits available annually; credits range from $2000 to $4000 per year per apprentice. Extends the credit program at $40 million per year for 2018 through 2022, inclusive.

S.2009-C/A.3009-C, Part L.
Alternative Fuels/EV Credit Extends the alternative fuels property and EV recharging property tax credits through 2022.

Revenue Article VII Bill Part O
Executive Budget proposal omitted. Executive Budget proposal adopted. Executive Budget proposal omitted.
Manufacturer’s RPT Credit Not addressed. Under Articles 9A and 22, Increases the real property tax credit for qualified manufacturers from 20% to 50%; the Article 22 credit remains refundable; the Article 9A credit is not.

S.2009-B, Part TT
Not addressed. Not addressed.
Investment Tax Credit Not addressed. Makes the Article 9A and Article 32 investment tax credit refundable for taxpayers whose primary source of income is derived from a farm operation (as defined in Section 301 of the Agriculture and Markets Law. Effective 1/1/17

S.2009-B, Part VV
Not addressed. Not addressed.
Excelsior Jobs Credit Not addressed. Not addressed. Increases the R&D tax credit from 3 to 6%.

Reduces the job creation thresholds for “regionally significant projects” to 10 for manufacturers, agricultural businesses and scientific and R&D firms; 100 for financial services and back office operations; and 150 for other businesses.

Reduces the general job creation thresholds to 5 new jobs for manufacturers; 25 for financial services and back office operations; and 50 for distribution centers.

Defines “significant capital investment” as $1 million for manufacturers; $3 million for financial services, R&D and other businesses; $15 million for distribution centers; and $250,000 for agricultural businesses.

A.3009-B, Part WW
Increases the R&D tax credit from 3 to 6%. 

S.2009-C/A.3009-C, Part YY.

Reduces the job creation thresholds for “regionally significant projects” to 10 for manufacturers, agricultural businesses and scientific and R&D firms; 100 for financial services and back office operations; and 150 for other businesses.

Reduces the general job creation thresholds to 5 new jobs for manufacturers; 25 for financial services and back office operations; and 50 for distribution centers.

Defines “significant capital investment” as $1 million for manufacturers; $3 million for financial services, R&D and other businesses; $15 million for distribution centers; and $250,000 for agricultural businesses.

S.2009-C/A.3009-C, Part ZZ.
NY Agriculture and Rural Jobs Credit Not addressed. Not addressed. Creates a new rural jobs investment program and tax credit.

Allows the Department of Tax and Finance to certify “rural business growth funds” that have solicited private capital for investment in rural business. DTF can certify up to $65 million in credit eligible capital.

A rural business growth fund must invest 60% of its capital within 2 years and 100% within 3 years.

Tax credits under Article 9 and 9A are equal to “credit eligible capital contributions;” 25% of the credit can be claimed in year 3, 20% in years 4 and 5; credits are nonrefundable but can be carried forward.

Eligible rural businesses must have fewer than 250 employees, less than $15 million in net income, have primary business operations in NYS and be either located in a designated rural area or provide goods or services used by agricultural businesses. Eligible rural businesses can receive up to $7.5 million in capital investments.

A.3009-B, Part FFF
Not addressed.
Minimum Wage Reimbursement Credit Not addressed. Modifies the credit to apply to employees paid up to $0.50 above the minimum wage, and extends the credit through 12/31/19.

S.2009-B, Part XX
Not addressed. Not addressed.
STAR Exemption Not addressed. Extends the School tax relief (STAR) real property tax exemption to small business, defined as a sole proprietor, LLC, partnership or NY Sub-S corporation with 20 or fewer employees and gross business income under $350,000, or a corporation with 20 or fewer employees and gross business income under $500,000.

S.2009-B, Part YY
Not addressed. Not addressed.
Rehabilitation of Distressed Commercial Property Not addressed. Under Articles 9A and 22, creates a non-refundable credit for expenses related to the rehabilitation of distressed commercial properties; the credit is 30% of qualified expenditures up to $100,000 per taxpayer.

S.2009-B, Part FFF
Not addressed. Not addressed.
Forest Stewardship Credit Not addressed. Under Articles 9A and 22, creates a new refundable credit of 25% of real property taxes paid, up to $10,000 per taxpayer, on property subject to a forestry stewardship or habitat conservation agreement with the Department of Environmental Conservation.

S.2009-B, Part AAAA
Not addressed. Not addressed.
College Debt Freedom Account Not addressed. Under Articles 9A, 22 and 33, creates a tax credit equal to an employer’s contributions of matching funds for an employee’s pre-tax payments to college loan repayment fund, provided the match is at least 50% of the employee’s payments; up to $2500 per employee per year.

S.2009-B, Part JJJJ
Not addressed. Not addressed.
Other Provisions
ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
Centralized Administrative Hearings Creates the Division of Central Administrative Hearings, with the Governor to appoint a chief administrative law judge.

Office is authorized to “establish, consolidate, re-organize or abolish any administrative hearing function within any civil department of the state.

Any such plans must be approved by the Division of the Budget.
Departments of Law and Audit and Control are exempt.

S.2006/A.3006, Part U
Executive Budget proposal omitted. Executive Budget proposal omitted. Executive Budget proposal omitted.
Real Property Transfer Tax Extends the real property transfer tax and the additional RPTT on sales over $1 million to transfers of LLCs, partnerships, S corps and non-publicly traded C corps when their NYS real property equals or exceeds 50% of the entities assets.

Revenue Article VII Bill Parts JJ and KK.
Executive Budget proposal omitted. Executive Budget proposal adopted. Executive Budget proposal omitted.
Partial Payment of RPT Authorizes counties to allow taxing entities within the county to accept partial payment of real property taxes, unless local legislature opts out (current law requires local authorization of partial payments.)

Revenue Article VII Bill Part F
Executive Budget proposal omitted. Executive Budget proposal adopted. Authorizes individual municipal corporations to opt into acceptance of partial payment of real property taxes.

S.2009-C/A.3009-C, Part F.
Oil/Gas Production Charges Extends the state production charge on oil and gas wells through 3/31/21.

Revenue Article VII Bill I
Executive Budget proposal omitted. Executive Budget proposal adopted. Executive Budget proposal adopted.

S.2009-C/A.3009-C, Part F.
Pre-Paid Wireless Surcharge Imposes a public safety communications surcharge on providers of pre-paid wireless services.

Revenue Article VII Bill Part EE.
Executive Budget proposal omitted. Executive Budget proposal adopted. Executive Budget proposal omitted.
Tobacco Products Extends the tobacco tax to nicotine-containing vapor products (also extends tobacco rules to vapor products.)
Revenue Article VII Bill Part FF.

Authorizes “jeopardy assessments” for tobacco tax liabilities. Revenue Article VII Bill Part HH.

Adopts a $0.45 tax per cigar.

Revenue Article VII Bill Part II.
Executive Budget proposal omitted. Executive Budget proposal adopted. Executive Budget proposal omitted.
MTA Mobility Tax Not addressed. Increases threshold for applicability of the MTA mobility tax for self-employed individuals from $50,000 to $250,000.

S.2009-B, Part HHH
Not addressed. Not addressed.
Real Property Tax Cap Not addressed. Makes the real property tax cap permanent.

S.2009-B, Part BBBB
Not addressed. Not addressed.

Transportation

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
Increases Motor Vehicle fees Amends the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees through 4/1/2020

TED Article VII Bill Part A
Executive Budget proposal adopted Executive Budget proposal adopted Exec Budget, through 4/1/20

S.2008C/A3008C, Part A
Increase Divisible Load Permits Gradually increases number of permits allowed statewide from 27,000 to 35,000 by 2025. No more than 2,000 per 12 month calendar year increases.

Commissioner’s power to revoke permits for violations of permit restrictions for up to 1 year.

TED Article VII Bill Part B
Limits number to 27,000 permits total statewide after Dec. 31, 2016 Executive Budget proposal adopted except Section 5 defining DOT commissioner power to assess civil penalties under Sec 145 removed from this section. Assembly version adopted (no Section 5); 27,000 after 12/31/16

S.2008C/A3008C, Part B
Enhance Public Transportation Safety Board (PTSB) Enforcement Power Restricts the payment of money to any public transportation system that is operating in violation of an order by the public transportation safety board until such time as it is in compliance or order has been lifted.

Adds varies Railroad oversights, audits and investigatory powers for compliance with federal FAST ACT

TED Article VII Bill Part C
Executive Budget proposal omitted Executive Budget proposal omitted Executive Budget proposal omitted
Compliance with Federal Requirements for Truck size and weight Establishes in State law size, weight, length of various vehicles and trucks.

Exceptions for natural gas and some towing provisions.

Suspension provisions detailed.

TED Article VII Bill Part D
Executive Budget proposal adopted EXCEPT for omission of Section 6 pertaining to termination of permits upon notification of regulating fed-state officials in certain circumstances Executive Budget proposal adopted EXCEPT for omission of Section 1 on length of car carrier or tow truck clearance over rear bumper and Section 6 pertaining to termination of permits upon notification of regulating fed-state officials in certain circumstances Assembly version adopted, with added blanket exemption for tow trucks.

S.2008C/A3008C, Part D
Tolls owed to public authorities Allows the commissioner to enter into reciprocal agreements with other states to collect toll violations owed by drivers to toll collecting jurisdictions.

Addresses the issue of distorted plates and/or any objects that cover license plates.

TED Article VII Bill Part E
Executive Budget proposal adopted Executive Budget proposal omitted Executive and Senate. Reciprocal agreements with due process established with other states. Plate issue out.

S.2008C/A3008C, Part E
Assessment on NYC Traffic Violations Bureau Additional $3 million in funds from NYC fines to State

TED Article VII Bill Part F
Executive Budget proposal adopted Executive Budget proposal omitted Executive Budget proposal omitted
Transportation Network Companies (Ridesharing) Establishes Ride-sharing in New York State; various governing provisions

- § 1691 defines TNC vehicles, digital network, TNC companies, TNC driver/individual, TNC Passenger, prearranged trip, Group Policy.

- § 1692 General provisions; not a common carrier – defines payments/fares, excludes NYC

- § 1693 financial responsibility and insurance coverage defined. Coverage determined at $50,000 (one person, one accident/death), $100,000 for two persons death/accident. $25,000 coverage accident/injury. Insurance coverage defined as when in service of TNC and variety of methods including group coverage, personal coverage, combination for coverage for various death, accident, claims, etc. up to $1 million. Stipulates commissioners authority to oversee, excludes NYC.

- § 1694 Disclosures. That TNC driver’s own auto insurance “might not provide any coverage”, and that if TNC vehicle has lien against it.

- § 1695 Insurance provisions. Stipulates exclusions, expressed authorization for coverage by insurers, outlines rules and procedures, commissioner shall issue regulations.

- § 1696 Driver and vehicle requirements. Outlines personal information and screening required to be licensed as TNC driver, background checks, at least 19 years of age, participation in LENS (License Event Notification Service) to insure compliance, proof of license and registration and insurance. Zero tolerance policy in breaking various V & T laws. Vehicle markings required.

- § 1697 Maintenance of records for six years for both rides and drivers.

- § 1698 Audit procedures; confidentiality of records. Bi-annually, subject to inspection by department within 30 days of request. Outlines complaint procedures, website.

- § 1699 Criminal history and disqualifications outlined.

- § 1700 Controlling authority and regulations regarding localities.

- § 3455 – New amendment to insurance law. Outlines and defines various provisions such as “group policy”, individuals under group policies, individual coverage while serving as TNC driver, cancellations, etc.

Creates new Article 6-H Transportation Network Company Drivers Injury Fund under Exec Law, board established (9 members – 1 from Governor, 1 from Senate, 1 from Assembly 1 from AFL, 5 from industry), either self-insured or by licensed insurer, not-for-profit status. Funded by 2% assessment on every invoice. Initial funding of ten thousand by all participating TNC companies to Secretary of State for doing business.

Creates new Article 29-B State Assessment Fee of TNC prearranged trips. Fee is 5.5% of gross trip fare. 27.27% of this fee is to be used for “local transit assistance fund” (non-MTA).

TED Article VII bill Part G
Executive Budget proposal adopted with some modifications:

- § 1693 (7) pertaining to “excess line broker pursuant to §2118 of Insurance Law and omission of (12) mandatory arbitration under §5105 of Insurance law clarified.

- § 1695 (7) b omitted. Drivers not to be disclosed without consent

- § 1700 (4) new airport and fees for localities not to be impinged upon if not inconsistent.

- § 1292 gross trip fee is 2%

- § 1298 stipulates 50/50 split between dedicated highway & bridge trust fund and local transit assistance fund; new section governing distributions of funds.
Executive Budget proposal omitted Amendments to Executive Budget proposal included: higher insurance rates (as outlined below), privacy provisions , no mandatory arbitration, state control by DMV but local opt out, some minor changes on audit dates, 4% trip fee, inclusion of TNC in black car insurance fund.

- § 1693 2. (a) financial responsibility and insurance coverage defined. Coverage determined at $75,000 (one person, one accident/death), $150,000 for two persons death/accident. $25,000 coverage accident/injury. 3. (a) Insurance coverage defined as when in service of TNC and variety of methods including group coverage, personal coverage, combination for coverage for various death, accident, claims, etc. up to $1.25 million.

- § 1696 (f) names and drivers information private under public officers law and considered “unwarranted invasion of personal privacy”.

- § 1696 Generally a “zero tolerance policy” for drivers in regards to maintaining a valid license, background checks, non-discriminations, various rules to follow such as prominent logo when in service, accepting service animals, 19 years old, etc.

- § 1697. Maintenance of records. 6 years for both riders and drivers.

- § 1698 Audit procedures; confidentiality of records. Bi-annually, subject to inspection by department within 10 days of request. Outlines complaint procedures.

- § 1699 Criminal history and disqualifications outlined. Disqualified for some violations if convicted within 3 years; sex offense 7 years. Yearly on-going background checks.

- § 1700 Controlling authority and regulations regarding localities. State regulated, local opt out.

- § 3455. New Section.  Transportation network company group (as in Exec proposal) insurance policies.

- § 3456. New Section (not in Exec proposal). “Prohibition against cancellation of policy when motor vehicle is used or operated through a transportation network company  program. (a) An insurer  shall not cancel an existing motor vehicle insurance policy solely on the basis that the motor vehicle covered by the insurance has been made available pursuant to a transportation network company  program in compliance with article forty-four-B of the vehicle and traffic law.”

Black car driver and TNC in operation are addressed under a new § 11. Subdivisions 1 and 3 of section 160-cc of the executive law, as added by chapter 49 of the laws of 1999, are amended and a new subdivision 10 is added to include TNC in New York black car operators' injury compensation fund. No independent and separate fund as in Executive proposal.

New § 14 of general municipal law for opt out by counties and cities with population over 100,000 (except NYC)under supervision of DMV.

Creates new Article 29-B State Assessment Fee of TNC prearranged trips with New §18 of Tax Law for a 4% gross trip fee to be deposited under § 1298 with the tax commissioner.

The New York State Transportation Network Company Accessibility
Task Force and the New York State Transportation Network Company Review Board are established for studies and for reporting by January 1, 2019 S.2009C/A3009C, Part AAA
Various DMV fees Waives fees for replacement drivers license for crime victims
Part H

Increases reinstatement fees for non-residents looking for restoration of privilege
Part I

Increase certificate of title fees
Part J

Increases fees for REAL ID documents

TED Article VII Bill Part K
Part H - Executive Budget proposal adopted

Part I - Executive Budget proposal omitted

Part J - Executive Budget proposal omitted

Part K - Executive Budget proposal omitted
Part H - Executive Budget proposal adopted

Part I - Executive Budget proposal adopted

Part J - Executive Budget proposal adopted

Part K - Executive Budget proposal adopted
Part H - Executive Budget proposal adopted

Part I - Executive Budget proposal adopted

Part J - Executive Budget proposal omitted

Part K - Executive Budget proposal omitted

S.2008C/A3008C
Highway Safety Governs operation of motor vehicle in regards to “drugs”; youthful offender status issues; loss of license.

Prohibition of use of hands free device by those under 18 on public highway

TED Article VII Bill Part L
Part L - Executive Budget proposal adopted EXCEPT Sections 7 through 11 banning electronics (cell phones, etc.) on public highways in certain circumstances and altogether for those under 18 omitted. Executive Budget proposal omitted Executive Budget proposal omitted

UNEMPLOYMENT INSURANCE

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
UI – Part-time worker This bill would allow an Unemployment Insurance claimant to earn up to $100 or 40 percent of the available full unemployment insurance benefit, whichever is greater, before any reduction in benefits.

S.2005/A.3005, Part Y
Senate rejects and modifies to reinstate lower rungs of UI tax table removed in 2013; Senate includes provision protecting employers from negative experience modification in the event of the removal of an employee hired to fill-in for another employee out on PFL. The Assembly modifies the Executive proposal to create a partial unemployment benefit by allowing those who are partially unemployed to earn 50 percent of their maximum unemployment benefit or $100, whichever is greater, before receiving a reduction in their benefit amount. Executive Budget provision omitted.

WORKERS' COMPENSATION

ISSUE EXECUTIVE BUDGET SENATE ONE HOUSE ASSEMBLY ONE HOUSE FINAL BUDGET
Paid Family Leave Risk Adjustment Fund This proposal would establish a fund held in the sole custody of the Superintendent that would facilitate the implementation of a risk adjustment mechanism for Paid Family Leave insurance.

TED Article VII Bill Part DD
Executive Budget proposal omitted.

The Senate supports advanced proposals to enact reform to the workers' compensation system as part of this year's budget that would “achieving real cost savings for New York's employers through a comprehensive and fair package of workers' compensation reforms…”

“…The Senate advances a variety of reforms, including updates to durational caps and schedule loss of use awards, ensuring prompt access to quality medical care and lost wage benefits, enhanced incentives for workplace safety programs, and implementation of an efficient hearing process. Further, to improve the overall system, the Senate will advance reforms to reduce frictional costs, streamline forms, improve independent medical examinations (IMEs), and require implementation of a prescription drug formulary by December 31, 2017…”
  Executive Budget proposal omitted.
NYCIRB Re-up This proposal would continue NYCIRB as the workers’ compensation rate filer for 10 years.

PPGG Article VII Bill Part AA
Executive Budget proposal omitted. Assembly modifies to 5 years. Extends the New York Compensation Insurance Rating Board (NYCIRB) for ten years and requires the public actuary to issue a report regarding the savings associated with the reforms herein, on an annual basis for the next ten years

S.2009-C/A.3009-C, Part NNN
SIF Audits This bill allows the State Insurance Fund to cancel a policy for the employer's failure to cooperate with payroll audits.

PPGG Article VII Bill Part O
Executive Budget proposal omitted. Assembly modifies to mandate that any employer that fails to keep, furnish or falsify any record of classification of employees shall be guilty of a misdemeanor and subject to a fine of not less than five thousand dollars nor more than ten thousand dollars. Executive Budget proposal omitted.
Workers' Compensation Not addressed The Senate supports advanced proposals to enact reform to the workers' compensation system as part of this year's budget that would "achieve real cost savings for New York's employers through a comprehensive and fair package of workers' compensation reforms..."

"...The Senate advances a variety of reforms, including updates to durational caps and schedule loss of use awards, ensuring prompt access to quality medical care and lost wage benefits, enhanced incentives for workplace safety programs, and implementation of an efficient hearing process. Further, to improve the overall system, the Senate will advance reforms to reduce frictional costs, streamline forms, improve independent medical examinations (IMEs), and require implementation of a prescription drug formulary by December 31, 2017..."
Not addressed Establishes a 130 week general rule for reaching maximum medical improvement for the purpose of classifying for permanent partial disability awards, and provides a safety valve for injured workers who have not reached MMI within 130 weeks.

Removes the requirement that injured workers remain attached to the workforce after being classified with a permanent disability.

Expands the safety net threshold from above 80% to above 75% impairment, to allow the most seriously injured workers to petition to continue receiving benefits after the PPD caps have been met.

Moves the responsibility for annual safety net reporting from the Department of Labor to the Workers' Compensation Board.

Provides for a statutory mechanism to require release and implementation of updated impairment guidelines reflective of advances in modern medicine.

Provides for a comprehensive prescription drug formulary.

Authorizes the Workers' Compensation Board to implement administrative efficiencies related to billing and periodic reporting.

Authorizes the Workers' Compensation Board to execute assumption of liability policies for the special disability fund and the reopened cases fund.

Requires a study of independent medical examinations be conducted by the Workers' Compensation Board and that a report be submitted to the Legislature and the Governor.

Prohibits the WCB from disallowing certain claims by police or firefighters that are related to job stress.

Provides for a reduction in the maximum fund balance from 10 to 5 percent that can be retained by the WCB from the Section 151 assessments and creates a fiduciary fund to transfer such excess fund balance into for the purpose of rate stabilization.

S.2009-C/A.3009-C, Part NNN