2003
LEGISLATIVE WRAP-UP / July 11, 2003
Our
wrap-up includes final action on major issues of concern to the business
community. Please call the designated staff person for further details
on any of these issues or to receive copies of any legislation.
Click
here to view or print the complete 2003 Legislative Wrap-up in PDF format.
Issue
Directory
Telecommunications
A.8168
(John) / S.3605(Spano) Provides that utility companies shall
use competent workers and shall pay the prevailing wage on projects where
a permit to use or open a street is issued. Assembly Codes; Senate Labor.
S.3752-A
(Wright) / A.8122-A (K. Wright) Provides that certain rates for
underlying services and facilities shall be priced on the same methodology
basis as rates for unbundled network elements. Senate Third Reading; Assembly
Corporations.
S.2115
(Morahan) / A.2505 (Kaufman) Enacts the "Personal Privacy Act
of 2004" to comprehensively enhance, preserve, and protect the right of
personal privacy and enacts a telecommunications privacy act; repealer.
Senate Codes; Assembly Government Operations.
S.406
(Velella) / A.7895 (John) "Utility Whistleblower"; Relating to
enacting the "Public Utility Truth in Reporting and Worker Protection
Act" providing penalties for false statements or information to PSC and
prohibits retaliation. Senate Rules; Assembly Codes.
S.4975
(Marcellino) / A.5930 (Brodsky) Provides for the phase-out over
six months of the use of creosote as a wood preservative, prohibits its
combustion, and regulates its disposal. Senate Third Reading; Assembly
Rules.
Energy
Staff
Contact: Ken
Pokalsky
S.406-A
(Velella) / A.7895 (John) Relating to enacting the "Public Utility
Truth in Reporting and Worker Protection Act" providing penalties for
false statements or information to PSC and prohibits retaliation. Senate
Rules/Assembly Codes.
S.5645
(Velella) / A.9104 (John) Enacts the "Public Utility Truth in
Reporting and Worker Protection Act" providing penalties for false statements
or information to PSC and prohibits retaliation. Senate Rules/ Assembly
Labor.
S.4813-A
(Velella) / A.8794 (John) Enacts provisions providing protection
to employees from retaliatory actions by employers where such employees
report illegal business activities (Attorney General's whistleblower bill).
Senate Labor Committee/ Assembly Third Reading.
S.1353
(Wright) Relating to extending expiration of provisions of law
providing for state energy planning and siting of major electric generating
facilities (Straight extender bill). Memo of support issued in 2002. Senate
Energy.
S.5536
(Wright) Governor's Article X program bill. Referred to Senate
Energy.
S.4074
(Parker)/A.6248-A (Tonko) Relates to siting of major electric
generating facilities; also relates to provision for "portfolio management
services" as defined and to powers of LIPA. Passed Assembly/
Senate Energy.
S.5598
(Parker) Provides for an extension of chapter 519 of the laws
of 1992 relating to siting major electric generating facilities and creating
a legislative task force. Senate Rules.
S.5602
(Wright) Establishes a state energy planning board to create
a state energy plan, and establishes a process for the siting of major
electric generating facilities. Senate Energy.
S.5673
(Wright) Establishes a state energy planning board to create
a state energy plan, and establishes a process for the siting of major
electric generating facilities. Similar to S.5602 but
with technical corrections. Memo in support issued. Message of necessity
from Governor - passed the Senate.
A.3102-B
(Gianaris) / S.667-A (Padavan) Relating to requiring the director
of public security to create and implement security measures for power
generating and transmitting facilities. Passed Assembly/Passed Senate.
A.8398
(Tonko) / S.4974 (Nozzolio) "Below Cost Sales"; Enacts the New
York motor fuel marketing practices act. Passed Assembly/Passed Senate.
S.4428-A
/ A.8589 (Abbate) "Petroleum Retail Divorcement"; Establishes
the minimum distance in which a refiner may operate a retail service station.
Memo in opposition issued. Passed Senate/ Assembly Third Reading.
A.8852-A
(Tonko) / S.885-A (Marcellino) and technical amendments contained
in A.9088/A.9089 relating to liquefied natural petroleum/liquefied
natural gas (LNG). Memo in support issued. Assembly Codes/Senate Third
Reading.
A.8951
(Tonko) / S.5497 (Wright) Establishes standards for certain appliances.
Energy Efficiency Standards Act of 2003. Assembly Energy/ Senate Rules.
S.4975-A
(Marcellino) / A.5930-B (Brodsky) Provides for the phase-out
over six months of the use of creosote as a wood preservative, prohibits
its combustion, and regulates its disposal. Pared down version eliminates
RRs but still includes utility poles and governs disposal. Memo in opposition
issued. Senate Third Reading/ Assembly Rules.
A.6950-B
(Grannis) / S.3003-B (Marcellino) Enacts the healthy, safe and
energy efficient outdoor lighting act to reduce harmful outdoor lighting.
Memo in opposition issued. Passed Assembly/Senate Rules.
A.200-A
(Cahill) / S.2692-A (Libous) Relating to enacting the "Electric
and Gas Customer Service Improvement Act of 2003" Assembly Ways &
Means/ Senate Energy.
S.2301
(DeFranscico) / A.2546 (Tonko) Requires response by gas and electric
corporations to customer requests concerning safety within its gas and
electric service. Senate Third Reading/Assembly Third Reading.
A.1961
(Levy) / No Senate Companion. Relating to requiring the public
service commission to review compensation paid to certain high level policy
making employees of gas or electric corporations. Memo in opposition issued.
Passed Assembly.
A.5933
(Brodsky) / No Senate Companion. Directs the dept. of environmental
conservation to implement air pollution standards for power plants re:
nitrogen oxide, sulfur dioxide, carbon dioxide and mercury. Passed
Assembly.
S.3078
(Wright) / A.7201-A (Galef) Designates certain security personnel
or employees of nuclear powered electric generating facilities. Passed
Senate/ Assembly Codes.
S.5574
(Wright) Provides specific powers for security personnel and
employees of nuclear powered electric generating facilities located within
the state. Senate Rules.
S.4890-A
(Wright) / A.8429 (Englebright) "Wind Net Metering"; Provides
for electric corporations to interconnect to residential wind electric
generating equipment and net energy metering. Passed Senate/
Assembly Energy.
S.3055
(Wright) / A.4245 (Englebright) "Wind Net Metering"; Includes
wind and hybrid-wind-solar electric generating equipment within provisions
relating to net metering for solar, wind and farm waste generating systems.
Senate Energy/ Passed Assembly.
A.2496
(Brodsky) / S.5022 (Velella) Relating to directing the public
service commission to prohibit the Consolidated Edison Company from recovering
from its ratepayers certain specified costs due to a radiation leak. Memo
in opposition issued. Passed Assembly/Senate Rules.
Transportation
Staff
Contact: Tom Minnick
Truck
Divisible Load Permits - S.2974-A (Kuhl) / A.677-A (Gantt) Regulates
permits for certain commercial vehicles which exceed the maximum weight
provisions. Passed Senate; Assembly Codes.
Vicarious
Liability - S.5642 (Johnson) This is the same language passed
by the State of Connecticut. Placed on Senate third reading but not passed.
No Assembly companion.
Vicarious
Liability Leasing Vehicles
A.1042-A (Canestrari) / S.397-A (Johnson) Relating to
establishing the civil liability of the lessor of a motor vehicle for
less than 1 year. In Assembly Transportation; Passed Senate.
Vicarious
Liability Rental Cars
A.5419 (Canestrari) / S.2477 (Johnson) Establishes the
civil liability of the lessor of a motor vehicle for less than 1 year.
Assembly Transportation; Senate Third Reading.
Tort
Reform
Staff
Contact: Ken Pokalsky
Omnibus
Tort Package
S.2944 (Volker) / No same as. Enacts the civil justice
reform act; repealer. In Senate Codes.
Vicarious
Liability - S.5642 (Johnson) This is the same language passed
by the State of Connecticut. Placed on Senate third reading but not passed.
No Assembly companion.
Vicarious
Liability Leasing Vehicles
A.1042-A (Canestrari) / S.397-A (Johnson) Relating to
establishing the civil liability of the lessor of a motor vehicle for
less than 1 year. In Assembly Transportation; Passed Senate.
Vicarious
Liability Rental Cars
A.5419 (Canestrari) / S.2477 (Johnson) Establishes the civil
liability of the lessor of a motor vehicle for less than 1 year. Assembly
Transportation; Senate Third Reading.
Wrongful
Death
S.2994 (DeFrancisco) / A.6637 (Weinstein) Provides for the types
of damages that may be awarded to the persons for whose benefit an action
for wrongful death is brought. Senate Third Reading; Assembly Judiciary.
Sunshine
in Litigation
S.2995-A (DeFrancisco) / A.7017-A (Weinstein) Enacts the "sunshine
in litigation act" to prohibit court ordered nondisclosure of public hazards.
Senate Rules; Assembly Third Reading.
240/241
S.1710 (Volker) / A.7213 (Morelle) Relates to the applicability
of certain provisions with respect to persons injured in the use of scaffolding
and other devices for use by employees. Senate Codes; Assembly Labor.
S.1937
(Volker) / A.136 (Morelle) Relating to requiring provision of
equipment in construction sites where necessary for reasonable and adequate
worker safety; removes limited liability exclusion; repealer. Senate Labor;
Assembly Labor.
A.
9029 (Magnarelli) / No Senate companion. Amends the insurance
law and the workers' compensation law, in relation to owners and contractors
protective liability insurance coverage by the state insurance fund. Assembly
Ways & Means Committee.
Recovery
Against a Third Party
S.5006 (DeFrancisco) / A.7493 (Weinstein) Permits a plaintiff
to recover directly against a third party defendant found to be liable
to the defendant. Senate Codes; Assembly Third Reading.
Construction
S.850
(Balboni) / A.8148 (John) Provides for additional penalties for
failure to pay prevailing wages or supplements; encourages private actions
for recovery of wrongfully withheld wages or supplements by persons employed
on a public work contract. Passed both houses.
S.4377
(Velella) / A. 8293 (John) Requires certain contracts entered
into by third persons to contain a stipulation limiting the amount of
hours worked by laborers, workers or mechanics. Passed both houses.
S.
5623 (Velella) / A. 8224-C (John) Relates to moneys accumulated
in the public work enforcement fund. Passed both houses.
240/241
S.1710 (Volker) / A.7213 (Morelle) Relates to the applicability
of certain provisions with respect to persons injured in the use of scaffolding
and other devices for use by employees. Senate Codes; Assembly Labor.
S.1937
(Volker) / A.136 (Morelle) Relating to requiring provision of
equipment in construction sites where necessary for reasonable and adequate
worker safety; removes limited liability exclusion; repealer. Senate Labor;
Assembly Labor.
A.
9029 (Magnarelli) / No Senate companion. Amends the insurance
law and the workers' compensation law, in relation to owners and contractors
protective liability insurance coverage by the state insurance fund. Assembly
Ways & Means Committee.
A.
7233-A (Destito) / S. 5684 (A. Smith) Relates to extending the
effectiveness of article 15-A of the executive law and to subjecting the
urban development corporation to the provisions of such article. Passed
both houses.
S.
5591 (Velella) / A. 8272 (John) Relates to the appointments to
the public work advisory board. Passed both houses.
Attorney
General's Corporate Accountability
None of
the six bills proposed by the Attorney General listed below passed either
the Senate or Assembly.
S.
4813 (Velella) / A. 8794 (John) Amends the labor law and civil
service law to grant greater protections to whistleblower employees who
disclose certain information about activities at the workplace.
S.
4836 (Leibell) Amends the not-for-profit corporation law to extend
reforms, similar to federal Sarbanes-Oxley, to not-for-profit corporations.
S.
4820 (Balboni) Amends the general business law and the penal
law, giving the Attorney General greater power to investigate securities
fraud.
S.
5015 (Volker) / A. 8763( Lentol) Amends the penal law, governing
the destruction of evidence and the obstruction of government investigations,
particularly tampering with computer evidence.
S.
4843 (Leibell) / A. 8733 (Lentol) Amends the business corporation
law, increasing the penalties for commercial bribery.
S.
4834 (LaValle) Amends the education law, adopting reforms enacted
by the federal Sarbanes-Oxley law on the accounting industry and private
sector.
Health
Contact: Mark
Amodeo
S.
5329 (Libous) / A. 8301 (Tonko) Imposes mental health parity
on health insurance policies. After strong Council opposition to the costly
new health-insurance mandate, the proposal lost momentum. The Assembly
passed their bill. The proposal, which would require expanded health-insurance
coverage for mental illness and substance abuse, would make basic health
insurance coverage too costly.
S.
5599 (Hannon) / A. 8950 Creates a temporary state commission
to review and make recommendations concerning the medicaid reimbursement
methodology for residential health care facilities. Passed both houses.
S.
5685 (Hannon) and A. 8760-A (Rivera)Creates a preferred drug
list for the state Medicaid program. Note: bills are differing. Neither
passed.
S.
1374 (Larkin) Allows small businesses to purchase standardized
health insurance policies. Passed Senate.
S.
5697 Rules / A. 9119 (Grannis)
Clarifies
the payment schedule for itemized verdicts, awards of future damages,
and attorney's fees in medical, dental, and podiatry malpractice awards.
Passed both houses, signed by the Governor, Chapter 85.
Labor
and Human Resources
Staff
Contact: Tom Minnick
Smoking
law
S.3292/A.
7136-signed by the Governor March 26, 2003, effective July
24, 2003. Prohibits all indoor workplace smoking. Eliminates factory/warehouse
waivers, prohibits smoking in all company vehicles and will require firms
to close their designated employee smoking rooms.
A.
8601 and S. 5191-these late session bills would have permitted
the continued use of employee smoking rooms provided by employers. These
bills remained in the Assembly Health Committee and Senate Rules Committee
respectively.
Mental
health parity, also called Timothy's Law
A.
8301/S. 5329-would have prohibited the exclusion or limitation
of benefits for mental illness and chemical dependency in health insurance
plans. Passed the Assembly but remained in the Senate Rules Committee.
Striker
replacement prohibition
S.
772/A. 8231-would have prohibited employers from permanently
replacing strikers during an economic strike. Passed the Senate
but remained in the Assembly Codes Committee.
Pharmacy
whistleblower
S.
1227/A. 8017- would include pharmacy employees under the same
enhanced whistleblower protections as other healthcare workers. Passed
the Assembly and Senate and awaits the Governor's review.
Attorney
general's whistleblower
S.
4813/A. 8794- would have enhanced whistleblower protections for
all employees beyond the current protections. These bills would have allowed
an employee to report on the actions of the employer based on a "reasonable
belief" that a law, rule or regulation was violated. Currently, the employee
must have "actual knowledge" of a violation. Senate Labor Committee and
Assembly Floor Calendar.
Independent
Contractors
A.
8107-the subject of a formal Governor's Task Force several years
ago. This bill would have defined the criteria needed in order to be classified
as an Independent Contractor in New York State. There is no companion
Senate bill. Advanced to the Assembly Floor Calendar.
Nurses
overtime
S.
680, A. 6251 & A. 3897- would have restricted an employer
from requiring a nurse to stay on duty more than 8 consecutive hours or
40 hours in a seven-day workweek, subject to the nurse's regular work
schedule. These bills remained in the Senate Labor Committee, Assembly
Codes Committee and Assembly Labor Committee respectively.
Workplace
violence prevention
S.
200/A. 6254-A-would require employers to conduct studies, establish
policies and provide initial and annual refresher training to all employees
on the subject of workplace violence prevention. Senate Rules and Assembly
Ways and Means.
Taxation
S.5639
(Rules)
Makes
technical changes to the adopted (via override) 2003-2004 Budget omnibus
tax bill -- including changes to the "Related Member Exclusion and Addback"
[also referred to as the "Toys-R-Us" section] section of the Article 9-A
Corporation Franchise Tax Law. Passed neither house.
S.5692
(Rules)
Makes
technical changes to the adopted (via override) 2003-2004 Budget omnibus
tax bill -- including changes to the "Related Member Exclusion and Addback"
[also referred to as the "Toys-R-Us" section] section of the Article 9-A
Corporation Franchise Tax Law. Passed Senate only (with a Message
of Necessity -- indicating gubernatorial agreement).
A.9097
(Rules)
Makes
technical changes to the adopted (via override) 2003-2004 Budget omnibus
tax bill -- including changes to the "Related Member Exclusion and Addback"
[also referred to as the "Toys-R-Us" section] section of the Article 9-A
Corporation Franchise Tax Law. Passed Assembly only.
Real
Property Taxation
A.9092
(Rules)
Adopts
for Westchester County assessing jurisdictions only for the 2003 and 2004
assessment rolls only the evidentiary rule for certiorari proceedings
that an assessing jurisdiction's equalization rate may vary by no more
than 2 percent from the prior year's equalization rate. Passed Assembly
only.
Unemployment
Compensation
A.9064
(Rules, at the request of John)
Authorizes
public agency bonding out of the accumulated Unemployment Compensation
Trust Fund debt at a lesser rate of interest than that charged by the
Federal government under the existing automatic Federal advancement of
UC funds to states; coordinates the bonding with continued use of the
interest-free portion of the automatic Federal advancement program; and
adopts a surcharge assessment on private sector, for-profit employers
for repayment of the bonded principal, interest, and costs. Assembly Codes
Committee.
Consumer
S.3061
(Flanagan) /A.7048 (Ramos)
Relates
to the possession of billies or blackjacks by persons employed in fulfilling
certain contracts; provides that certain crimes shall not apply to possession
of billies or blackjacks by persons employed in fulfilling contracts with
NY state or agencies, employed in fulfilling contracts with foreign states
or agencies, or employed in fulfilling contracts with foreign countries
or agencies for the purchase of billies or blackjacks as permitted under
federal law. Passed both houses.
E-Commerce
S.5484/A.8986
(Rules at request of Klein)
Relates
to the no telemarketing sales calls statewide registry to recognize and
authorize the transfer of telephone numbers on the state registry to the
national "do-not-call" registry; and to authorize such national "do-not-call"
registry to serve as the New York State no telemarketing sales calls statewide
registry. Passed both houses.
A.5153
(Pheffer)/S.4557 (Rath)
Makes
unsolicited electronic mail advertising unlawful unless certain information
is provided by the sender, including the sender`s name and street and
e-mail address; prohibits sale, lease or exchange of certain personal
identifying information obtained online without the knowledge and affirmative
consent of the consumer; makes provisions for penalties for violations.
Passed Assembly.
A.532
(Greene)/S.2201 (Kruger)
Tracks
federal privacy act of 1974 with respect to the obligation of a person
to disclose their social security number to another person, partnership,
association or corporation; provides where there is no legal basis for
request that a person may refuse to provide his/her social security number;
provides for enforcement by attorney general. Passed Assembly.
A.5150
(Pheffer)/S.4531 (Saland)
Prohibits
businesses from printing charge, credit, or debit card numbers on receipts
that are electronically created; imposes penalties for violations. Passed
both houses.
A.2837
(Kaufman)/S.3195 (Velella)
Grants
consumers the option to prohibit the rental, sale, exchange or other availability
of personal information possessed by an issuer of a credit card, charge
card or debit card; requires notice of such option be given to cardholders
by credit card, charge card and debit card issuers in existing bill mailings
and in credit card and debit card agreements and renewals thereof; limits
any effect on credit card registration services. Passed Assembly.
S.1680
(Rath)/A.6036 (Schimminger)
Enacts
the "unsolicited commercial electronic mail regulation act"; regulates
the transmission of unsolicited commercial electronic mail advertising
to require certain information to be included therein and requiring termination
of such transmissions upon the request of the recipient thereof; provides
for civil remedies for noncompliance. Passed Senate.
S.4511
(Rath)/A.709 (Grannis)
Relates
to including persons who wish not to receive unsolicited e-mails on the
telemarketing sales calls statewide registry; provides that telemarketers
may not solicit payment by either telephone or email to those persons
enrolled in the no call registry. Passed Senate.
S.4826
(Maltese)/A.7909 (Rules at the request of Markey)
Regulates
the transmission of unsolicited electronic mail advertisements by requiring
that certain identifiable information accompany the same; provides for
enforcement by the attorney general and a private right of action for
damages. Did not pass in either house.
S.5239
(Fuschillo)/A.8035 (Rules at the request of Pheffer)
Provides for the protection of users of Internet web sites from
the misuse of information regarding such users obtained by operators of
commercial internet web sites. Did not pass in either house.
S.4557
(Rath)/A.5153 (Pheffer)
Makes
unsolicited electronic mail advertising unlawful unless certain information
is provided by the sender, including the sender`s name and street and
e-mail address; prohibits sale, lease or exchange of certain personal
identifying information obtained online without the knowledge and affirmative
consent of the consumer; makes provisions for penalties for violations.
Passed Assembly.
OSH
S.2452
(Onorato)/A.8014 (Nolan)
This
legislation would require that employers keep a record of all employees
that handle toxic substances. Passed both houses.
S.1779
(Fuschillo)/A.8164 (John)
Requiring
that specifications and contracts for public
work contain provisions requiring workers
to be certified as having completed an OSHA
10 safety course.
Passed in the Assembly only.
S.896
(Marcellino) / A.4387 (Koon)
Enacts
Toxic Mold Protection Act. Did not pass in
either house.
Small
Business
S.1570-A
(Alesi)/A.5441 (Towns)
Raises
the maximum monetary jurisdiction of the small claims courts throughout
the state from $3,000 to $5,000. Passed both houses.
Workers'
Compensation
S.3905(Robach)/A.3175
(Nolan) Workers` compensation assurance act prohibits employers
from evading workers` compensation coverage. The legislation further prohibits
waivers of workers` compensation coverage to out of state employer. Passed
both houses.
S.2638-A
(Mendez)/A.8501(Nolan)
Imposes
on employers a $250 penalty for each violation for failure to post the
required notice informing employees of coverage under workers` compensation
laws; provides that monies from any such fines shall be deposited into
the uninsured employer`s fund. Passed both houses.
S.4210
(Velella)/A.7209 (John)
Establishes
an expedited procedure for resolving disputed medical bills where the
sum is $500 or less, or where the health care provider requests alternate
procedure; introduces utilization of an administrative procedure to supplant
the arbitration committee procedure. Did not pass in either house.
S.3321
(LaValle)/A.7177 (Brodsky)
Includes
Lyme Disease (Lyme Borrcliosis) as an occupational disease which is compensable
under the workers` compensation law. Did not pass in either house.
S.5006
(DeFrancisco)/A.7493 (Weinstein)
Permits
a plaintiff to recover directly against a third party defendant found
to be liable to the defendant, where the latter is insolvent. Did not
pass in either house.
S.5624
(Velella)/A.7211-B (John)
Authorizes
disclosure of otherwise confidential information regarding the compensability
of treatment, reimbursement for such treatment or authorization for special
services. Passed both houses.
A.6255
(John)/No Senate companion
Increases
the maximum workers` compensation benefits payable for permanent or temporary
total disabilities and permanent or temporary partial disabilities due
to accidents or disablements resulting from an occupational disease through
2006, which thereafter shall annually be increased based on the increase
in the statewide average weekly wage as determined by the department of
labor. Passed Assembly.
S.5320
(Libous)/A.8826 (Schimminger)
Enacts
the "workers` compensation equity act"; directs the workers` compensation
board to promulgate objective medical criteria to evaluate functional
impairments based on the findings and recommendations of a committee of
medical experts. Sets durational limits of ten years for permanent partial
disability cases; provides for offset provisions for old age social security
and pension benefits; reduce the cost of the scheduled loss of use by
taking the remaining unused weeks of the schedule and reducing it by half
. No action in either house.
Environment
Staff
Contact: Ken Pokalsky
PASSED
BOTH HOUSES
S.1406-B/A.2106-B
(Budget)
The
budget legislation included significant increases in civil and criminal
penalties for a number of DEC programs, including air permits and regulations,
and hazardous waste incineration (both ECL Article 19); regulated waste
transporter permits and solid waste management facilities (ECL Article
27, Titles 3 and 7); hazardous waste management and remediation (ECL Article
27, Titles 9 and 13); and bulk storage of liquids (ECL Article 17, Title
19).
S.1406-B/A.2106-B
(Budget)
The
budget agreement also included a 25 percent increase in SPDES (wastewater)
permit fees. New fee structure ranges from $475 to $47,5000 for industrial
facilities (compared to $375 to $37,5000). Fee for powerplants increases
from $40,000 to $50,000. Net annual increase in income is about $1 million.
S.4217-B
(Flanagan)/A.7278-B (Karben)
Requires
DEC to make "public disclosures," via the Department's web site, of the
date, location and source of petroleum spills, including information on
the cleanup and the presence of MTBE.
S.1783
(Little)/A.3969-B (Parment)
Supports
the practice of forestry; requires DEC review of local ordinances that
could impact the practice of forestry; increases penalties for violations
for the unlawful taking of trees. (Note: S.5635/A 9066 by the same sponsors
enacted chapter amendments.)
DID
NOT PASS BOTH HOUSES
S.5694
(Marcelliono)
S.5702
(Marcelliono)/A.9120 (DiNapoli)
The
two houses passed slightly different versions of superfund/brownfields
legislation (S.5694 and A.9120, respectively). However, the two houses
and the Governor have agreed to the 'cleaned up' version of this proposal
(represented by S.5702/A.9120). The current plan is for the Senate to
come back and pass this bill in the fall. This legislation: refinances
superfund at $120 million per year, through a combination of new industry
fees and state borrowing; create a new program for brownfield cleanups
and redevelopment, including use-based standards, liability releases and
targeted economic development incentives; and create a new, statewide
groundwater cleanup strategy. S.5694 passed the Senate, A.9120 passed
the Assembly.
S.4156
(Balboni)
A.4082
(Koon)
Separate
proposals to require vulnerability assessments and implementation of security
upgrades at facilities that manufacture, use and/or store significant
quantities of hazardous chemicals. The Senate bill was based on the federal
"risk management planning" requirement, while the Assembly proposal was
based on the state's chemical bulk storage program. S.4056 passed
the Senate; neither passed the Assembly.
S.897
(Marcellino)/A.3073 (Colton)
Requires
the DEC to adopt rules governing the " recycling, reuse and remanufacturing"
of electronic equipment. Passed Assembly.
S.890
(Marcellino)/A.3633 (Colton)
Requires
DEC to develop and implement program for electronic equipment recycling;
authorizes regulation of the transport, storage and recycling of electronic
equipment; provides assistance for recycling programs; and prohibits the
disposal of CRTs in municipal waste stream. Passed Assembly.
S.4044
(Marcellino)/A.4082 (DiNapoli)
Requires
the state to adopt regulations based on prospective state of California
regulations limiting CO2 emissions from on-road vehicles. Did
not pass either house.
S.4975
(Marcellino)/A.5930 (Brodsky)
Would
have prohibited the use of creosote as a wood preservative, including
the manufacture, sale and use of creosote and creosote-treated wood; prohibit
the combustion of creosote, including fireplaces and stoves; and require
the disposal of creosote-containing materials ion lined landfills. Did
not pass either house.
Economic
Development
Staff
Contact: Ken Pokalsky
PASSED
BOTH HOUSES
S.684
(Robach)/A.2425 (Morelle)
Prohibited
the use of Gen*NY*sis program funds for projects that had already been
completed at the time an application for funding was submitted.
S
1805 (Alesi)/(A.4417 (Sweeney)
Provides
for a private activity bond allocation process for state and local issuers
of private activity bonds in pursuance of applicable provisions of federal
tax law; enacts the "private activity bond allocation act of 2003".
DID
NOT PASS BOTH HOUSES
S.5689
(Rules)
These
budget "amendments," proposed by Governor Pataki, would have restored
$75 million in state funding for economic development programs, including
: $32.3 million for the Empire State Economic Development Fund; $32.1
million for the JOBS NOW program; $3,473,000 for minority/women owned
business development; $3 million for improvements at the Rome/Griffiss
AFB laboratory, Plattsburgh AFB and Seneca army depot; $ 3.5 million for
urban development in distressed areas, and $1 million for military base
retention efforts. Passed Senate.
S.2960
(Alesi)/A.7135 (Morelle)
Would
have increased the maximum level of IDA financing for certain categories
of "civic facilities." Passed Senate.
Miscellaneous
Staff
Contact: Ken Pokalsky
PASSED
BOTH HOUSES
S.4075
(Flanagan)/A.6902 (Diaz)
Amends
the State Administrative Procedures Act to extend the public comment period
on proposed regulations to 60 days in instances where the full text of
the proposed rule is neither published in the State Register
nor available on the proposing agency's web site.
S4774
(Flanagan)/A.8477 (Diaz)
Amends
the State Administrative Procedures Act to require that State Register
notices of proposed rule makings specify the closing date of the public
comment period.
