2017 "Rest of Session" Legislative Priorities
Kenneth J. Pokalsky
April 28, 2017
We are developing our list of key issues for the remainder of the 2017 legislative session. The following provides an initial list of regulatory and legislative issues we expect to be addressing. Please contact myself or GAC staff members with any issues of particular interest, or for information or comments on any of these proposals.
- Executive Order 162 – Imposes broad new workforce and salary disclosure requirements for state contractors, applies to contracts issued after June 1, 2017
- Paid Family Leave – DFS and WCB implementation rules under review, public comment period has closed.
- Pay cards – DOL rule overturned by the Industrial Board of Appeals, IBA actions is under appeal, rule stayed pending appeal.
- Authorize the leasing of technology equipment by state and municipal government entities.
- Amend Lobby Act definition of “restricted period.”
- The "New York state procurement integrity act." S.3984 (DeFrancisco)/A.6355 (Peoples-Stokes)
- Authorize virtual and “hybrid” annual shareholder meetings for NYS-incorporated businesses.
- Amend the BCL to align with Delaware law provision regarding the manner in which a company can change the number of directors.
- Create a “directory of deals” for projects supported by ESDC, UDC and others, with expanded reporting by and disclosure of company-specific information.
- Requirement for an “integrated economic development budget” showing appropriations, tax expenditures and other forms of state assistance.
- Statutory provisions for P-TECH (Pathways to Technology Early College High School) program. S.1131-A (Marcellino)/A.6591 (Nolan)
- Supports expanded access to natural gas for employers, including dedicating state energy assessment resources to pipeline extensions; expediting the state and local review of applications for expansion of natural gas lines; and the authorizing of real property tax exemptions for the increased assessed value attributable to new natural gas distribution facilities.
- Measures to reduce electric customer impacts from the Clean Energy Standard (CES), including but not limited to exemptions tax hedges, and self-directed programs. S.1225 (Griffo) /A.1705 (Woerner)
- Advance expanded access to natural gas for employers, including dedicating state energy assessment resources to pipeline extensions; expediting the state and local review of applications for expansion of natural gas lines and the authorizing of real property tax exemptions for the increased assessed value attributable to new natural gas distribution facilities.
- Creation of a “Citizen Utility Board,” and imposition of intervener funds in rate cases, which create a duplicative and costly consumer advocate function within the Department of Public Service, funded by additional utility assessments.
- Reforms to the State Environmental Quality Review Act (SEQRA) to provide more certainty in project reviews, including: clarifying the standard for complete applications; heightening the standard for issues to be subject to administrative adjudication; making adherence to state review timetables mandatory, and assuring the correct application of statutory and regulatory standards.
- Mandates to require divestiture of holdings in traditional energy companies.
- Measures to require medical monitoring for all state superfund sites.
- New state-level regulations of wetlands. S.1749 (Latimer)/ A 6282 (Englebright)
- Amendments to the State Constitution's bill of rights to include a right to clean air and water and a healthful environment. S.5287 (Carlucci)/A. 6279 (Englebright)
- Allow employers of any size to have biweekly payrolls for manual workers.
- Provide that employer’s UI account is not charged for claimants whose termination was the result of an employee returning from paid family leave. S.905 (Amedore)
- Legislation imposing restrictions or pay mandates on the use of “on-call scheduling.” S.3486 (Peralta)/A.2007 (Fahy)
- Restrictions on employer’s ability to conduct reasonable and relevant background checks in the employment process; these include proposals to limit the use of credit checks, criminal backgrounds, prior wages and others.
- Significant additional restrictions or mandates on use of non-compete agreements. S.4610 (Savino)/A.1139 (Dinowitz)
- Expansive new workforce demographic reporting requirements on state contractors.
- Creation of a lien for non-payment of wages. S.579 (Peralta)/A.628 (Rosenthal)
- Require employers to make a conditional offer of employment before inquiring about any criminal convictions of a prospective employee. S.2425-A (Carlucci)/A.2343 (Aubry)
- Legislation authorizing the Department of Labor to enforce conditions of contracts with independent contractors.
- Authorize minority non-CPA ownership in public accountancy firms. S.3851 (LaValle)/A.3046 (Ortiz)
- Establishment of, and mandatory employer involvement in, a state-managed retirement savings program. S.4344 (Savino)/A.4982 (Rodriguez)
- Any expansion of the Martin Act, including but not limited to, provisions allowing pension funds initiation of enforcement actions. S.167 (Rivera)/A.5439 (Weprin)
- Allowing the deposit of state funds in credit unions. S.1442 (Funke)/A.644 (Rodriquez)
- New private right of action against insurance companies for unfair claim settlement practices. S.242 (DeFrancisco)/A.921 (Bichotte) and A.2832 (Weinstein)
- Mandating a new legislative and regulatory scheme for annuity contracts used to pay retirees the balance of a pension fund at the termination of a pension plan. S.1358 (Avella)/A.7071 (Abbate)
- Prohibit using mandatory arbitration clauses in consumer and employment contracts. A.5240 (Dinowitz)
- Require the disclosure of arbitration clauses in certain consumer and employment contracts. A.5248 (Dinowitz)
- Requiring private arbitration organizations to maintain public available data base of cases. A.7175 (Kavanagh)
- Reforming the antiquated Scaffold Law by adopting a standard that assigns comparative negligence similar to that in place for other forms of liability. A.5624 (McDonald) and S.5678 (Gallivan), which is applicable only outside NYC.
- Create transparency between asbestos trust claims and asbestos tort actions by requiring the disclosure of all past, pending, and anticipated asbestos trust claims by a plaintiff. S.2511 (Bonacic)/A.6032 (Simotas)
- Expansion of general jurisdiction of the state’s courts for actions involving non-New York companies in activities completely unrelated to their activities in New York. A.5918 (Weinstein)
- Chapter amendment regarding ESCO sales tax provisions.
- Local utility GRT, repeal use of contingency fee audits, explore state administration.
- Expansion and permanence of the provisions of Chapter 475 of the Laws of 2013, which provide a uniform process of taxation of certain utility-owned properties throughout the state; expand its coverage of existing law to include privately held public utility mass real property that is used in energy transmission and distribution.
- Chapter amendments to S.2009-C/A.3009-C, Part CC, related to sales taxation of transactions between related entities.
- Small business tax relief. S.2120 (O’Mara)
- Statewide standards for siting cell towers. S.2042 (Little)
- Creation of a State Information Technology Innovation Center. S.1121 (Funke)/A.1713 (Hevesi)
- Notifications of security breach and similar legislation. S.5601 (Carlucci)/A.7167 (Kavanagh), S.924 (Croci)/A.3448 (DenDekker), others
- New restrictions on cable and telecom mergers. A.3801 (Dinowitz)
- Mandatory disclosure of digital electronic equipment diagnostic and repair information. S.618-A (Boyle)
- New internet provider restrictions regarding privacy. S.5603 (Carlucci)/A.7191 (Wallace) and S.5576 (Carlucci)/A.7236 (Zebrowski)
- Repeal/reform of the ton mileage tax.
- Exempt public transit authorities from bond issuance charges. S.3143 (Ranzenhofer), S.3145 (Ranzenhofer)
- Extend SLA dual licenses for on premise consumption and storage for supermarkets.