GOVERNMENT AFFAIRS UPDATE
SEPTEMBER 2026

NYECA Reviewing Proposed Workers’ Comp Paid Family Leave Regulations

The New York State Workers’ Compensation Board has published proposed regulations implementing the expansion of Paid Family Leave (PFL) to construction workers operating under a collective bargaining agreement, effective January 1, 2027. Under the new framework, construction employees covered by a CBA may become eligible for PFL after working for covered employers for at least 26 of the preceding 39 weeks, therefore expanding potential eligibility. The regulations implement Chapter 72 of the Laws of 2026.

The proposed regulations also address how eligibility is determined for workers employed across multiple signatory employers, with the Board proposing to define an employer’s “normal workweek” as 20 or more hours per week. NYECA is reviewing the proposed regulations, and the public comment period ends on October 18th. We will continue to assess the potential implications of the new law and regulations for electrical contractors and their employees, if at all, given the terms and conditions currently addressing PFL in existing NYECA CBA’s.

NYECA Monitoring Full Slate of 2026 Federal State and Local Elections

With the November 3 general election approaching, New York’s political landscape will change, and NYECA is watching carefully. At the state level, voters will elect the Governor, Lieutenant Governor, Attorney General and State Comptroller, as well as members of both houses of the State Legislature - all 63 Senate and 150 Assembly seats are up for election. In addition, due to a recent change in state law, many local races are occurring this fall, even though there was an election just last year.

At the federal level, all of New York’s U.S. House seats are on the ballot, along with one U.S. Senate seat. With the retirement of Senator Mike Gianaris, NYECA is also monitoring who will be chosen as the new Deputy Senate Majority Leader, as well as the selection of a new Assembly Majority Leader due to the retirement of Assemblywoman Crystal People-Stokes, two major changes in Albany. Both of these decisions will be made after the November elections.

NYECA Participating in Discussions with Governor’s Staff Opposing Enactment of the Contractor Reporting Pay Act

In 2026, over industry objections, the legislature passed the Construction Reporting Pay Act (A.6950- Cruz//S.9843-Ramos). We expect that this bill will be transmitted to the Governor for final consideration before Labor Day. The bill would amend New York’s Labor Law to require minimum reporting and scheduling pay requirements for construction workers (both union and non-union). In doing so, the bill improperly substitutes a one-size-fits-all statutory mandate for terms already negotiated by labor and management representatives through collective bargaining. In the union construction industry, many collective bargaining agreements already contain detailed reporting pay provisions tailored to the realities of specific trades, project types, and working conditions, thereby making the legislation completely unnecessary.

To oppose enactment of this ill-advised legislation, NYECA is therefore working with a coalition of other union construction trade associations in asking Governor Hochul to either veto the bill outright, or include changes in a chapter amendment that would exempt CBA’s that already address minimum reporting pay requirements. We expect a decision by the Governor shortly.

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.

NYECA Reacts to Data Center Moratorium Executive Order

Taking everyone by surprise, on July 14, Governor Hochul signed Executive Order No. 62, immediately imposing a one-year moratorium on discretionary state environmental permitting for new “hyperscale” data centers with an anticipated electric load of 50 megawatts or more. There was no advance word from the administration that the Governor was contemplating an executive order, as there is also legislation pending which has passed both houses of the legislature (A.11560/S.10642).

The Executive Order provides the administration time to study the impacts of large-scale data center development on New York’s electric grid, water resources, and environment, while state agencies develop a broader regulatory framework. Importantly, the Executive Order does not replace, or negate the pending legislation. Rather, it provides an immediate administrative mechanism while the administration continues reviewing the pending legislation. Both Governor Hochul and Assembly Speaker Carl Heastie have publicly stated that the legislation remains under active consideration and that negotiations will continue.

The Executive Order should therefore be viewed as an interim policy measure while the Legislature and Executive negotiate a permanent statutory framework that will address issues beyond the EO, including a lower project threshold, public participation requirements, and renewable energy standards. Therefore, we must remain vigilant regarding the pending legislation and continue to participate in any related negotiations or discussion.

The Executive Order has immediate legal effect. Unless it is rescinded, superseded by subsequent legislation, expires, or is successfully challenged in court, state agencies are directed not to issue discretionary environmental permits for covered projects. Although litigation challenging the Governor’s authority remains a possibility, there is currently no administrative avenue to avoid the moratorium. Accordingly, affected developers and stakeholders should expect the permitting pause to remain in place while legislative negotiations continue and state agencies undertake the studies and regulatory work directed by the Executive Order.

State Agencies Begin Implementing SEQRA Reforms as NYECA Awaits Regulations

The FY 2027 State Budget enacted the most significant reforms to the State Environmental Quality Review Act (SEQRA) in decades, intended to streamline project reviews and accelerate housing, infrastructure, and clean energy development. State agencies are now beginning implementation of the statutory changes, including updated environmental review procedures and expanded categorical exemptions for certain projects. NYECA will continue monitoring agency guidance and regulatory implementation to assess how the reforms affect project delivery timelines, permitting requirements, and opportunities for electrical contractors participating in public and private construction projects.

NYECA Priority Bill Status Update

  • Temporary Disability Insurance Increase (S.172A/A.9571) – PRIORITY OPPOSE
    • Killed
  • Construction Reporting Pay Act (A.6950/S.9843) – Oppose
    • Passed both houses
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.