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6.3.22 Advocacy Alert: How Albany is Ending the 2022 session

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June 14, 2022

The New York State Legislature is concluding its 2022 legislative session. The final week included a flurry of legislative activity on numerous issues of importance.  

Legislation that passed both houses will go to Governor Hochul’s desk for consideration. Legislation that did not pass both houses is stalled for the year unless the Legislature decides to reconvene.  

What Moved? What Didn’t? 

Employment & Workforce

Passed: 

  • S.8648/A.9598, which lowers the threshold to trigger prevailing wage mandates on renewable energy projects, passed both chambers. The BNP opposed this legislation.  
  • S.8922/A.10020 (Warehouse Worker Protection Act), which limits the use of quotas for warehouse work, passed both houses.  
  • S.9427/A.10477, which would require employers to include pay ranges in job listings, passed both houses. Learn more here. 

Did Not Pass: 

  • S.1553/A.6399 (Clean Slate Act), which would automatically seal criminal records of formerly incarcerated individuals, passed the Senate only.
  • S.6589/A.7534, which would address the benefits cliff by delaying the loss of benefits when an individual enters the workforce, passed the Senate only. The BNP strongly supported this legislation. 
  • S.3062/A.7503, which would perpetually increase the minimum wage by linking it to inflation, did not pass. The BNP opposed this legislation. 
  • S.2762/A.766, which would allow employees to claim a lien against their employer over unsubstantiated allegations of wage theft, did not pass. The BNP opposed this legislation
  • S.5474/A.6058 (New York Health Act), which would install a single-payer healthcare system and eliminate insurance sector jobs, did not pass. The BNP has long opposed this legislation. 
  • S.933/A.1812, which would create a web of new antitrust regulations, passed the Senate only. The BNP opposed this legislation. 

Energy & Climate 

Passed: 

  • S.6486/A.7389, which would impose a 2-year moratorium on cryptocurrency mining, passed both houses. The BNP opposed this legislation. 
  • S.9422/A./10493, which allows utilities to build thermal energy networks, passed both houses the Senate. The BNP supported this legislation, which will help decarbonize home heating. 
  • S.8648/A.9598, which lowers the threshold to trigger prevailing wage mandates on renewable energy projects, passed both chambers. The BNP opposed this legislation.  
  • S.7406/A.3179, which requires many new buildings with off-street parking to include electric vehicle chargerspassed both houses.  

Did Not Pass: 

  • S.6843/A.8431 (All-Electric Buildings Act), which would ban natural gas hookups in new buildings, did not pass. The BNP opposed this legislation.  
  • S.1185 & A.10185 (Extended Producer Responsibility Act), which would force manufacturers to finance recycling systems, did not pass. The BNP strongly opposed this legislation.  
  • S.9417, which would have extracted $30 billion from fossil fuel companies for a “Climate Change Superfund,” did not pass. The BNP opposed this costly legislation. 

Development & Construction

Passed: 

  • S.8830/A.2103, which bans the permitting of facilities that would yield a disproportionate and inequitable burden on a disadvantaged community, passed both houses. This well-intentioned legislation is problematic as written, and the BNP has asked for Governor Hochul’s veto and reconsideration. 
  • S.8844/A.10109, which authorizes contract adjustments for state contractors who suffered from unexpected materials costs in March 2020, passed both houses.  
  • S.621/A.4947 (Carlos’ Law), which would significantly expand liability on construction sites, passed both chambers. The BNP and partner organization Upstate United opposed this legislation.  
  • S.6809/A.7925, which expands the Comptroller’s authority over state contracts, passed both houses.  
  • S.7406/A.3179, which requires many new buildings with off-street parking to include electric vehicle chargers, passed both houses. 
  • S.4104/A.7006 (Digital Fair Repair Act), which requires some tech manufacturers to make available repair instructions to independent repair providers, passed both houses.  

Did Not Pass: 

  • S.3082/A.5573 (Good Cause Eviction), which would impose a rent control model across New York, did not pass. The BNP opposed this legislation. 
  • S.6843/A.8431 (All-Electric Buildings Act), which would ban natural gas hookups in new buildings, did not pass. The BNP opposed this legislation.  
  • S.6800/A.2103, which would end state Opportunity Zone credits, passed the Senate only.   

Session Recap

Lt. Gov. Brian Benjamin was indicted on corruption charges and promptly resigned. Gov. Hochul nominated Rep. Antonio Delgado to replace him.  

Lawmakers agreed to a $600 million investment for a new Buffalo Bills stadium, guaranteeing the team will remain in our region for 30 years.  

The state extended the Brownfield Cleanup Program for ten years – a top BNP priority. However, lawmakers added a steep $50,000 application fee that will stifle the program’s effectiveness.  

New York passed a partial suspension of the state’s gas tax in response to skyrocketing prices at the pump.  

The state increased its income eligibility threshold for childcare subsidies, making care more accessible for middle-class families.  

The budget allocates $1 billion for broadband and also repealed the DOT right-of-way fee, top BNP priorities to help bridge the digital divide.  

Leaders agreed to a $32.8 billion Capital Plan, which will invest in infrastructure maintenance as well as priority projects like the Kensington Expressway and the Cars Sharing Main Street Initiative. This record investment was made possible by the federal Infrastructure Investment and Jobs Act, which the BNP strongly supported  

The state failed to protect employers from unemployment insurance rate increases.  

The Department of Health relaxed the NY HERO Act, although important obligations remain, and it can be engaged at any time.  

The state’s independent redistricting commission could not agree on legislative district maps, and the maps drawn by the Legislature were found by a court to be inappropriately gerrymandered. A “special master” drew new map lines that alter our region’s Congressional representation.  

The Climate Action Council held hearings on its proposed Draft Scoping Plan. The BNP urges members to comment on the plan before the July 1 deadline.  

 

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