NYALL2021-02-01T12:52:47-05:00

Report From The Hill

Commentary

SENATE BILL 6843 “the all electric building act of 2021” would require all commercial and some mixed/residential buildings to be all electric and bans the issuance of permits by any govt. entity for building plans not in compliance. This bill has no assembly companion yet and forms part of plans of the state for electricity to be the sole source of power.

Senate 7321 by Senator Stec, et al., call calls for the public service commission to conduct a full cost benefits analysis of the technical and economic feasibility in the state of New York of CLCPA.

S-7465 would prohibit the use of “supply chain surcharges” on consumer goods and services where the display price of any good or service shall include all costs and charges.  The measure prohibits the “addition” of charge after the total.

Energy product prices were deregulated at the federal level and interference in the pricing of products is precluded. It is not clear the state has the authority to impose any conditions on pricing.

Senator Comrie appears to be protecting his constituents from activities of unscrupulous small businesses.

S7467  ORTT  No Same as
ORTT, AKSHAR, GALLIVAN, MATTERA, OBERACKER, O’MARA, RATH, STEC
Add §99-x, Gen Muni L
Prohibits the governing board of a municipal corporation from adopting any law, ordinance, regulation or policy that prohibits, or has the effect of prohibiting, the connection or reconnection of a utility service to a customer based upon the type or source of energy to be delivered to the customer.

October 26, 2021|

Latest Report from the Hill

Several bills of interest were amended or referred to committees for review.

A-1451 – A – The sponsor has replaced the flat version – A-1451 – with one of the earlier prints introduced over the last four year, retaining many of the confusing language and none of the partial improvements from the senate version introduced 3 years ago by Sen. Tedisco.  The measure effectively allows a propane consumer to solely determine if an emergency exists and a dealer, not the owner of the tank, to supply fuel.  The bill suffers from the same deficiencies as the original hurriedly past in 2017 despite its garbled language and logic.

s- 2522 – Increases the top income tax rate to capture additional revenue on low-taxed investment income.  This may be one of the tax increases to close the state’s budget gap regardless of the amount of any federal allocation to NY. It references the IRS code.

S- 2833 – An additional tax on business income by off-setting the federal undertaxation [sic] of corporate profits and pass-through business income as a result of the 2017 Tax Cuts and Jobs Act.  NY’s tax code is coupled to parts of the IRS code; this looks like a decouple.

Bills introduced this week.

S – 2746, S – 2747, S – 2748, S – 2752, S – 2753.  These implement separate items from a report of the Office of Court Administration to protect consumers from contract terms that may favor the stronger party by limiting prerogatives of companies and expanding remedies of delinquent customers.  These measures have been around for many years and passage would certainly clog the court dockets.  The “report” predicts “unclog.”

The New York Attorney General, Lititia James has dropped a political bomb on the 2nd floor (a synecdoche for the governor’s office) in a report on the number of Covid deaths among the elderly at hospitals and nursing homes, in excess of what had been reported by the NYS Department of Public Health.  This discrepancy was widely known but not quantified because the department would not respond to FOIL requests submitted by several groups with some threatening legal action in the courts.

The AG’s report places considerable responsibility on the nursing homes themselves who have maintained the governor applied pressure to force the return of hospitalized patients with Covid- 19 to crowded and ill-equipped facilities.  Families of the deceased have been extremely distressed and now have the data and information to pursue legal action placing the governor in political jeopardy.  The tort bar has a clear path to sue nursing homes who have insurance but sought and failed to get indemnified in federal legislation.  The AG’s office has been a stop on the way to the governor office: Andrew Cuomo, Eliot Spitzer in recent years, and garnered enough political profile to attract funds to mount a race like former AG Robert Abrams.

 

January 29, 2021|
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