2019 End of Session Summary

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Passed Both Houses

S.5815-C (Kaplan) / A.7540-B (McDonald)
Provides small businesses with the opportunity to cure an initial violation of a regulation in limited circumstances.
The Business Council Supported

S.5812 (Kaplan) / A.842 (Simotas)
Requires agencies proposing regulations that affect small businesses or local governments to assess the minimum time such entities will need to come into compliance with any new regulatory requirements.
The Business Council Supported

Passed Both Houses

S.4088 (Kavanagh) / A.434 (Paulin)
Amends the Business Corporation law to allow boards of directors to elect to allow shareholders to attend meetings via remote communication and to be deemed present for voting purposes.
The Business Council Opposed

S.4278 (Krueger) / A.6330 (Seawright)
Requires the Departments of State and Taxation and Finance to conduct a study of the number of women directors that serve on the boards of every corporation authorized to do business in New York State, requires corporate filing to include information on woman board members; requires first report by 2/1/22 with updates every four years.
The Business Council Took No Position

Passed Both Houses

S.6048 (Breslin) / A.5459 (Bronson)
Requires a cost/benefit study before approval of a state personal service contracts valued at more than $750,000.
The Business Council Opposed 

S.1826-C (Kennedy) / A.567-C (Rosenthal)
Would penalize a business for moving a discrete portion of its operations overseas or out of state by restricting their access to state contracts and loans; and requires repayment of recent state economic development assistance.  Also requires that all state contracts for call center and customer service work be performed entirely within New York State.
The Business Council Opposed

S.4888 (Parker) / A.2166 (Bichotte)
Would penalize a business for moving a discrete portion of its operations overseas or out of state by restricting their access to state contracts and loans; and requires repayment of recent state economic development assistance. Also requires that all state contracts for call center and customer service work be performed entirely within New York State.
The Business Council Took No Position

Passed Both Houses

S.6575 (Sanders) / A.8414 (Bichotte) 
Extends (through December 31, 2024) and modifies the minority and women-owned business enterprise program set forth in Executive Law Article 15-A
The Business Council Opposed 

S.6293-A (Comrie) / A.7636-B (Braunstein)
Authorizes in the city of New York, for certain public works undertaken pursuant to project labor agreements, use of the alternative delivery method known as design-build contracts
The Business Council Opposed

S.5679-A (Savino) / A.2101-A (Woerner)
Requires contractors on public work contracts to provide additional information to the state and employees regarding the payment of supplemental benefits
The Business Council Opposed

S.6048 (Breslin) / A.5459 (Bronson)
Requires a cost/benefit study before approval of a state personal service contracts valued at more than $750,000
The Business Council Opposed

S.1456 (Sanders) / A.4452 (Buchwald)
Prohibits the storage, use, or purchase of the explosive Tannerite or similar products sold under a different name without the proper license or other authorization to do so under the provisions of law
The Business Council Took No Position

S.2394 (Breslin) / A.3552 (Cusick)
Defines “substantial completion” for the purposes of requisition payments to contractors, subcontractors, and materials suppliers on construction contracts
The Business Council Supports

Passed Both Houses

S.3704 (Kavanagh) / A.2653-A (Dinowitz)
Modifies the general obligations law, to increase the applicability threshold of the plain language law to consumer contracts involving amounts of $250,000 or less, up from current law threshold of $100,000
The Business Council Took No Position 

S.3829 (Metzger) / A.1460 (Woerner)
Requires that "retail food products" labeled as "local" meet certain standards, and is grown, raised, or harvested in New York.
The Business Council Took No Position

S.4019-A (Thomas) / A.2078-A (Gunther)
Prohibits early termination fees on motor vehicle lease contracts if a customer has deceased before the end of such contract telephone, consistent with existing state law regarding cellular telephone, television, internet, energy, and water service contracts.
The Business Council Took No Position

Passed Both Houses

Passed Both Houses 

S.6615 (Krueger) / A.8433 (Weinstein)
Budget Article VIII, Part K – Authorizes the New York State Higher Education Capital Matching Grant board to award matching capital grants totaling three hundred million dollars, $300,000,000 to eligible institutions of higher education.
The Business Council Took No Position

Passed Both Houses 

S.4399 (Savino) / A.1966 (Dinowitz) 
Creates the state office of the utility consumer advocate to represent interests of residential utility customers. 
The Business Council Opposed 

S.6567 (Harckham) / A.7569-B (Galef)
Requires the payment of prevailing wages at the Indian Point Nuclear Power Plant, during decommissioning. Additionally, requires the department of labor to oversee sale and the hiring of new employees at such power plant. 
The Business Council Opposed

S.6265-A (Gianaris) / A.8083-A (Niou) 
This bill would require utilities to pay the prevailing wage rate to a host of service workers who perform work under contract.  
The Business Council Opposed 

S.3585 (Parker) / A.2122 (Pichardo) 
Requires gas and electric utilities to make available to landlords or lessors, upon request of prospective tenants or lessees, information concerning gas and electric charges incurred for residential rental premises; provides that such information shall be furnished without any charge or fee. 
The Business Council Opposed

S.23 (Parker) / A.4294 (Cusick) 
Provides out of market subsidies to existing large-scale, renewable energy resources. 
The Business Council Opposed

S.5430 (Comrie) / A.2363 (Dinowitz) 
Provides that the Public Service Commission shall be no less than a majority of the total number of members of the commission in order to transact any business, perform any duty or exercise any power. 
The Business Council Took No Position 

S.5820 (Metzger) / A.4937 (Fahy) 
Requires the New York state energy research and development authority to study and make recommendations regarding the state's electric vehicle inventory and improvements to the state's electric vehicle infrastructure. 
The Business Council Took No Position

S.2356 (Parker) / A.5318 (Rozic) 
Requires companies to allow victims of domestic violence to cancel contracts when there is a domestic violence incident report, a police report, an order of protection or a signed affidavit. 
The Business Council Took No Position

S.5866 (Jackson) / A.7779 (Fahy) 
Requires an annual report on appliance and equipment energy efficiency standards and resulting energy and utility bill savings. 
The Business Council Took No Position

Passed Both Houses 

S.6599 (Kaminsky) / A.8429 (Englebright)
Enacts the New York state climate leadership and community protection act; relates to climate change; renewable energy program; labor and job standards and worker protection. 
 

S.2072 (Carclucci) / A.2064 (Englebright)
Establishes a constitutional right to the clean air and water and a healthful environment. (Given first passage, must pass again in 2020).
The Business Council Opposed 

S.4389-B (Kaminsky) / A.6295-A (Englebright)
Establishes levels statutory limits for 1,4-dioxane contained in household cleansing products, cosmetic products and personal care products that contain. 
The Business Council Opposed 

S.2385 (Parker) / A.1564 (Peoples-Stokes)
Creates a permanent environmental justice advisory group; provides that the function of the group is to ensure that no group of people, including a racial, ethnic, or socioeconomic group, bears a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies; empowers that advisory group to adopt a model environmental justice policy applicable to state agencies.
The Business Council Took No Position

S.181 (Seranno) / A.1779 (Peoples-Stokes)
Identifies the criteria the commissioner of environmental conservation should consider in publishing a list of high local environmental impact zones; provides that high local environmental impact zones are areas most adversely affected by existing environmental hazards. 
The Business Council Supported 

S.3435-A (Addabbo) / A.2257-A (Barnwell)
Establishes a commission to be known as the "New York seawall study commission" which will study the feasibility, costs, impacts, and best locations for construction of a seawall or sea gate being created to protect the city of New York from sea level rise and storm surge along the entire coastline. 
The Business Council Took No Position 

S.2139-B (Sanders) / A.2501-A (Englebright)
Establishes requirements related to the reduction of mercury in mercury-added lamps. 
The Business Council Took No Position 

S.2270-A (May) / A.5029-A (Cusick)
Creates the "Finger Lakes community preservation act"; prohibits the siting of newly constructed incineration facilities in the Finger Lakes region.  Signed, chapter 32.
The Business Council Took No Position

S.4351 (Kennedy) / A.6373 (Englebright)
Establishes a postconsumer paint collection program; requires producers of architectural paint sold at retail in the state or a representative organization to submit a plan to the commissioner of environmental conservation for the establishment of a postconsumer paint collection program; prohibits a producer or retailer from selling architectural paint in the state unless the producer or producer's representative organization is implementing an approved program plan. 
The Business Council Took No Position

S.2682 (Mayer) / A.7456-A (Otis)
Establishes the flood mitigation and prevention task force to evaluate ways of protecting communities and residents of the state from flooding. 
The Business Council Took No Position

Passed Both Houses

Passed Both Houses

S.4182 (Salazar) / A.1800 (Magnarelli)
Requires mortgage holders of vacant and abandoned residential properties that are part of a homeowners association (HOA)or co-op to continue paying HOA or cooperative fees when a property has been abandoned during the foreclosure process
The Business Council Opposed 

Passed Both Houses

S.3171-A (Krueger) / A.264-B (Cahill)
S.6544-A (Krueger) / A.8404 (Cahill) [Chapter Amendment]
Creates protections from excessive hospital emergency room charges
The Business Council Supported 

S.6531 (Breslin) / A.2836-A (Gottfried) 
Subjects Pharmacy Benefit Managers (PBMs) to state registration, licensure, fiduciary duty to health plans and providers, a private right of action as well as a variety of intrusive disclosure requirements
The Business Council Opposed 

S.2849-A (Breslin) / A.2969-A (Peoples-Stokes) 
Disallows Mid-Year formulary changes for non-union health plans.
The Business Council Opposed

Passed Both Houses

S.5575-B (Thomas) / A.5635-B (DenDekkar)
So-called “SHIELD Act,” provides workable, baseline standards for both cyber breachsecurity features and notification practices for New York State businesses; and recognizes existing sector-specific security standards.
The Business Council Supported 

S.1826-C (Kennedy) / A.567-C (Rosenthal) 
Would penalize a business for moving a discrete portion of its operations overseas or out of state by restricting their access to state contracts and loans; and requires repayment of recent state economic development assistance. Also requires that all state contracts for call center and customer service work be performed entirely within New York State.
The Business Council Opposed 

S.4777 (Kaminsky) / A.2224 (Paulin)
Enacts the nuisance call act, heightened protections against unwanted telemarketing calls.
The Business Council Opposed

S. 1607 (Parker) / A.1503 (Vanel) 
Requires a study of the implementation of 5G and next gen network technology in the state
The Business Council Took No Position

S.3971-B (Savino) / A.1746-C (Vanel)
Creates a temporary state commission to study and investigate how to regulate artificial intelligence, robotics and automation
The Business Council Took No Position

Passed Both Houses

S.6577 (Biaggi) / A.8421 (Simotas) 
S.6594 (Biaggi) / A.8424 (Simotas) [Chapter Amendment]
Increases protections to all protected classes for employees who have been sexually harassed. Modifies and eliminates the “severe or pervasive” standard, restricts use of an affirmative defense, puts further restrictions on non-disclosure agreements and further prohibits clauses requiring arbitration
The Business Council Opposed 

S.4573 (Kennedy) / A.6592 (Ryan)
Relates to decreasing the length of suspension period applicable to certain striking workers who seek to obtain unemployment benefits
The Business Council Opposed 

S.2844 (Ramos) / A.486-B (Rosenthal)
Creates an employee lien to secure payment of wages for work already performed
The Business Council Opposed 

S.6578 (Ramos) / A.8419 (Nolan)
Enacts the farm laborers fair labor practices act, granting collective bargaining rights, workers’ compensation and unemployment benefits to farm laborers
The Business Council Opposed 

S.660 (Metzger) / A.584 (Jaffe)
Prohibits discrimination based on an individual’s or dependent’s reproductive health decision making
The Business Council Took No Position

S.5679-A (Savino) / A.2101-A (Woerner)
Requires employers on public work contracts to provide additional information to employees
The Business Council Opposed 

S.6549 (Carlucci) / A. 5308-B (Crespo)
Prohibits employers from seeking salary history from applicants
The Business Council Opposed 

S.579 (Ramos) / A.5501 (Crespo)
Prohibits discrimination or retaliation against immigrant employees
The Business Council Took No Position

S.4211 (Sepulveda) / A.5975 (Reyes)
Amends the definition of pregnancy-related conditions to include lactation
The Business Council Took No Position

S.6209-A (Bailey) / A.7797-A (Wright)
Prohibits race discrimination based on natural hair or hairstyles
The Business Council Took No Position

S.6469 (Ramos) / A.8035 (Fall)
Relates to the definition of employer for the purposes of unemployment insurance law.  In joint employer situations, clarifies that the employer that pays the employee shall be considered the employer
The Business Council Took No Position

S.5248-B (Biaggi) / A.8093-B (McMahon)
Prohibits wage differentials based on protected class for “substantially similar” work
The Business Council Opposed 

Passed Both Houses

S.6552 (Skoufis) / A.2373 (Dinowitz)
Amends the CPLR to allow a plaintiff to obtain an indirect recovery from a third-party-defendant when that plaintiff's judgment against an original defendant was not satisfied within thirty days of the judgment being served.
The Business Council Opposed

Passed Both Houses

Passed Both Houses

S.6615 (Krueger) / A.8433 (Weinstein), Part I
Adopts a 95% exemption for “global intangible low taxed income,” or GILTI, under the state corporate franchise tax and state insurance tax, effective for tax years starting on or after 1/1/19.
The Business Council Supported 

S.6615 (Krueger) / A.8433 (Weinstein), Part J
Increases from $300,000 to $500,000 the sales threshold for requiring out of state entities to register as a NYS sales tax vendor; applies same standard to marketplace provider applicability.
The Business Council Supported

S.5864-A (Jackson) / A.6683-B (Crespo)
Expands the film tax credit to include a credit for the hiring of women and minority television writers and directors by companies participating in New York's film tax credit program.
The Business Council Took No Position

Passed Both Houses

Passed Both Houses

S.5294-A (Ramos) / A.7431-B (Rozic)
Authorizes three classes of electric assist bicycles and electric scooters to operate in New York State, subject to local regulation
The Business Council Supported  

S.1693 (Skoufis) / A.4880 (Rozic) 
Enacts a State Transportation Plan
The Business Council Supported 

Passed Both Houses