As of publication time, three-way budget negotiations are in full swing, with ten days until the April 1 deadline. These negotiations are a triangulation between three proposed versions of the budget. The Governor first proposed her Executive Budget in mid-January. After two months of analysis, the Senate and Assembly proposed their “one-house budgets” in mid-March. NYECA carefully analyzes all of these budget document for proposals that impact electrical contractors.
In these two alternate plans, the Senate and Assembly Majority conferences accept some of the
Governor’s individual proposals and modify others. They may also strike some proposals entirely or insert their own priorities. Below are relevant budget proposals that we have flagged:
Senate Education Labor and Family Assistance (ELFA)
Part DDD – The Senate advances language to increase short-term disability leave benefits, phased in over a four-year period, and to provide coverage for stillbirth, allow for intermittent daily leave, etc. (S.172).
We are presently lobbying to prevent the current version of TDI, which is problematic for NYECA, from being included in the final, negotiated budget.
Part EEE – Allows either party to a Workers’ Compensation claim to request a hearing, establish a timeline for such hearing process, and require a record of all hearings held.
Part FFF – Establishes a dedicated, recurring revenue stream for DOL wage enforcement purposes by utilizing resources the agency recovers from penalties imposed on employers found in violation of wage theft provisions of the labor law.
Part HHH – Reduces the period from which striking workers are eligible to receive unemployment insurance benefits as a result of a labor dispute from two weeks to one week
Part OOO – Amends the project cost threshold for prevailing wage requirements applicable to construction projects performed under private contracts by reducing the public fund threshold from 30 percent to 20 percent; repeals the Public Subsidy Board, transferring its enforcement authority to the Department of Labor, and establishes a new certification process for public entities to certify the amount and usage of public funds provided.
Part RRR – Establishes the Green Affordable Pre-Electrification (GAP) Fund to assist homeowners and tenants to bring their homes up to existing building codes so that they can become eligible for additional state and federal electrification, energy efficiency and weatherization programs.
Senate Transportation and Economic Development (TEDE)
Part SSS – To allow for reciprocity agreements between the State and local MWBE programs .
Senate Revenue
Part WW – Establishes an Unemployment Insurance tax credit for businesses with fifty or fewer employees for their additional per employee costs due to the unpaid UI Trust Fund debt in the form of a tax credit equal to $215 per employee.
We did not flag anything from the Assembly One-House budget relevant to NYECA.
ELFA
Part V – Expand DOL Enforcement Power for Wage Theft
The Senate modifies the Executive proposal to expand the DOL’s enforcement powers to allow workers to seek an order of attachment against defendants on wage theft claims and to allow workers to hold shareholders on wage-theft claims and to allow workers to hold shareholders of non-publicly traded corporations personally liable for wage theft (S.4611).
The Assembly omitted the language.
TEDE
Part P – Construction Permit Reform
Both the Senate and Assembly omitted the language.
Part BB – For-Hire Vehicle Group Insurance Policies
Both the Senate and Assembly omitted the language.
Part GG – Extend the authorization of the DASNY to enter into design and construction management agreements with the DEC and the Office of Parks, Recreation, and Historic Preservation.
The Senate accepted the Governor’s proposal.
The Assembly omitted the language.
Part JJ – Authorizes DASNY to provide planning, design, procurement, and construction management services to countries, cities, towns, and villages and grant administration services to DEC.
Both the Senate and Assembly omitted the language.
Part KK – Extend the Authorization of the MWBE’s Program
The Senate accepted the Governor’s proposal.
The Assembly includes modifications on extending the MWBE and Service Disabled Veterans Owned Business programs in infrastructure projects.
Part NN – Captive Insurance for Public Benefit Corporations
Both the Senate and Assembly omitted the language.
Below please find an updated status report on priority NYECA bills over the past month.
Signed by the Governor (Chapter Amendments)
S.801 Krueger/A.4200 Burroughs – Relates to standards for electric vehicle charging stations and electric vehicle ready parking spaces in certain new buildings.
Signed, Chapter 111
S.824 Krueger/A.1474 Dinowitz – Relates to the climate change adaptation cost recovery program and requirements for climate change adaptive infrastructure projects.
Signed, Chapter 100
Passed One Chamber
A.1012-A Barrett/S.5189 Comrie – Requires NYSERDA to develop a comprehensive electric vehicle fast charging station implementation plan.
Passed Assembly
S.172 Ramos/A.84 Solages – Relates to increasing short-term disability benefits.
NYECA Priority
Passed Senate (Vote – Y: 50/N: 11)
BUDGET INCLUSION POSSIBLE
S.1142 Gounardes/A.188 Rosenthal – Statute of limitations for actions based on employment discrimination.
Passed Senate
S.1514 Harckham/A.6664 Bronson – Stop-work orders for misclassification of employees.
Passed Senate
S.2236 Gounardes/A.2222 Simon – Wage payment integrity act.
Passed Senate
S.4852 Skoufis – Update the state fire prevention and the state energy conservation construction code.
Passed Senate
NYS Legislature New Bill Introductions
A.5837 Slater – Requires employers contracted for work on certain state-funded projects verify employment eligibility of employees.
A.5838 Rajkumar – Relates to pre-approved construction documents.
A.5880 Brown – Requires libraries have charging stations for plug-in electric vehicles.
A.6620 Bores/S.5991 Ramos – Requires employers provide its employees paid leave.
A.6708 Bronson/S.6378 Ramos – Relates to prevailing wage requirements applicable to construction projects performed under private contract.
A.6950 Cruz/S.4912 Ryan – Enacts “the construction reporting pay act”.
If you have any questions or would like additional information on any New York State or New York City legislative matter, including copies of any legislation or regulations mentioned in this article, please contact Peter Rescigno or NYECA lobbyist Perry Ochacher at (914) 319-9173.