2022 New York State Legislative Session Recap
The New York State legislative session officially wrapped up on June 4th. It was a very busy session, more than 1,000 pieces of legislation passed plus over 600 bills were passed by either the Senate or Assembly.
The ABC Empire State Chapter’s Government Affairs team has prepared a recap of the key pieces of legislation that the team has been watching since the budget passed in April.
The following is a comprehensive list of bills that impact ABC members and where they stand as of today.
Passed Both Houses
The following pieces of legislation have passed both the Senate and Assembly but have not been signed by the Governor yet.
S.8648 (Ramos) / A.9598 (Joyner) “Covered Renewable Energy System”
Changes the definition of a “covered renewable energy system” from projects with a capacity of greater than five megawatts to projects with one or more megawatts.
That means almost all renewable energy projects in NYS will be subject to prevailing wage laws as well as Project Labor Agreements or Labor Peace Agreements.
S.5994-A (Ryan) /A.1338-A (Magnarelli) “Establishes a Contractor Registration System”
Establishes a duplicative registration system for contractors and subcontractors engaged in public work and covered projects.
Will allow the state to deem contractors “unfit” from performing public works projects.
S.8844/A.10109 “Material Price Escalation Relief Bill”
Amend State bid construction contracts to mitigate the unforeseen impacts of price escalation on construction materials.
The bill will allow contractors who submitted bids to the State of New York or a public benefit corporation prior to April 1, 2020 to receive an adjusted contract on materials costs where the price escalated in excess of five (5) percent upon invoice or purchase of said materials from the original bid.
S4738/A2039 "Relates to Modular Construction Work"
This law completely change how modular construction work is done in New York City and may completely eliminate it as a viable option.
It will force workers performing modular construction to hold existing licenses for the work performed in municipalities with over one million people.
S.8050A/A.554B "Establishes Environmental Standards for Ambient Lead and Lead Contamination"
Establishes environmental standards for ambient lead and lead contamination in soils and on floors and window sills.
S.9427/A.10477 "Compensation Range Bill"
Did Not Advance
The following pieces of legislation did not advance and were not passed this year. Now, that doesn't mean that these bills won't come back up during the next legislative session however, for now, they are stalled until the next session.
S.5921A/A.6872 “New York Deforestation-Free Procurement Act”
Stalled in committee in both houses
Would require that companies contracting with the state do not contribute to tropical or boreal intact forest degradation or deforestation directly or through their supply chains.
S.1961/ “New York State Build Public Renewables Act”
Passed Senate, stalled in Assembly
Requires the New York power authority to provide only renewable energy and power to customers by 2030; requires such authority to be the sole provider of energy to all state-owned and municipal properties; requires PLAs, prevailing wage, and apprenticeship on NYPA projects.
S.6843B/A.8431 “All-Electric Buildings Act”
Stalled in committee in both houses
Provides that the state energy conservation construction code shall prohibit infrastructure, building systems, or equipment used for the combustion of fossil fuels in new construction statewide no later than December 31, 2023, if the building is less than seven stories, and July 1, 2027, if the building is seven stories or more.
As a reminder, this legislation has already passed in New York City. Local Law 154 will phase fossil fuels out of new construction starting in 2024.
S.1252A/A2057B “Roadway Excavation Quality Assurance Act”
Stalled in Committee in both houses
Relates to workers on excavations; provides that utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use, excavate, or open a street is required to be issued.
S.6761A/A.9064 “Fire Sprinkler Licensing”
Passed Senate, Stalled in Assembly
If passed, this bill would create a burdensome licensing requirement for individuals working on fire suppression systems.
S.8430A/A.9564 “Relates to access to adjoining property to make improvements or repairs”
Passed Senate, Stalled in Assembly
Provides an owner or lessee access to adjoining property to make improvements or repairs for certain circumstances.
S.2762/A.766 “Creates an Employee Lien”
Stalled in Committee
This bill would amend sections of the Lien Law, Labor Law, Civil Practice Law and Rules, Business Corporations Law, and Limited Liability Company Law to permit an employee to file an employee's lien against an employer's interest in real and personal property for an alleged wage claim.
S.933A/A.1812 “Anti-Trust Legislation”
Passed Senate, Stalled in Assembly
Relates to actions or practices that establish or maintain a monopoly, monopsony, or restraint of trade; authorizes a class-action lawsuit in the state anti-trust law.