The Governor made an impromptu stop in the Legislative Correspondents Association offices and spoke to reporters about budget negotiations with Legislature.

Audio can be found here.

Governor Signs Legislation

The Governor signed a number of bills this week, all of them chapter amendments to bills signed into law last year; they are as follows:

A.8758 Santabarbara – Relates to certain portions of the New York state thruway where maximum dimension and weight limitations of vehicle shall not be applicable

Chapter 393 of the Laws of 2021 expanded the authorization for tandem truck operation on a prescribed route. This bill clarifies that the authorization still applies to tandem trucks accessing the tandem lot access road.

A.8773 Abinanti – Relates to the provision of certain professional services to children’s camps and camps for children with developmental disabilities

This bill would make amendments to Chapter 289 of the Laws of 2021 to allow emergency medical technicians (EMTs) to continue to serve as camp health directors and allow certain professional services to be provided at any time a camp has a valid permit to operate.

S.7692 Breslin – Relates to the satisfaction of requirements for an explanation of benefits for certain pharmaceutical claims

This chapter amendment clarifies the way to satisfy the requirement. Plans can either send the member a quarterly written summary or make the information available in the online member portal. This amendment also changes the effective date of the underlying chapter to January 1, 2022. Initially, the effective date was 60 days after becoming law.

S.7695 Sepulveda – Amends the date the president of the state civil service commission shall complete a study on the current civil service examination process

This chapter amendment changes the due date for the Civil Service Commission to complete a study on the civil service examination process to July 1, 2023.

S.7698 Comrie – Relates to complaints served in a proceeding initiated on a residential mortgage covering a one to four family dwelling

This legislation amends the underlying chapter by clarifying applicable provisions, and expanding compliance of the provisions to all residential mortgage loans covering a one to four family dwelling.

S.7699 Stavisky – Prevents institutions from implementing contingencies on the receipt of state funding

Pursuant to approval memo 33 of 2021, this chapter amendment ensures that students have the ability to enforce their rights in court where necessary. Additionally, the student protections will be enforceable by the Higher Education Services Corporation (HESC) and HESC would be allowed to suspend or terminate an institution’s participation in loan programs if the institution violates the law.

S.7703 Bailey – Relates to certain functions of the office of addiction services and supports, and to use of the term incarcerated individuals

This legislation amends the underlying chapter by extending the effective date from one hundred twenty days to one year; clarifying that local jails must operate a substance use disorder program and that the program must be approved by the Office of Addiction Services and Supports; and by changing the term “inmate” to “incarcerated individuals.”

S.7704 Breslin – Authorizes the return of any operating reserve balances of members of a municipal insurance reciprocal

This legislation amends the underlying chapter by allowing municipal reciprocal insurers to authorize the return of any outstanding subscriber operating reserve balance upon the municipal reciprocal insurer’s demonstration that it will retain sufficient surplus to support its obligations and writings.

S.7705 Hoylman – Relates to the sale of ghost guns

This bill clarifies which provisions of the underlying chapter apply to licensed gunsmiths, and clarifies the application of the bill to firearms that lack serial numbers.

S.7711 Parker – Directs the president of the state civil service commission to publish reports annually relating to diversity within state government

This legislation amends the underlying chapter by amending the types of agencies subject to the reports and the deadline for the reports.

S.7716 Persaud – Relates to the firearm violence research institute

This chapter amendment amends the underlying chapter to clarify that the Institute will be created within the State University of New York. Language is also added to allow for other research as deemed necessary by the Institute to meet its core mission. Finally, the Institute will appoint members of the Scientific Working Group that is tasked with making recommendations on research.

S.7726 Skoufis – Directs the commissioner of health to establish and implement an infection inspection control audit and checklist on nursing homes

This chapter amendment makes numerous changes to the underlying chapter. First, the audit’s start date is moved to December 1, 2022. It changes the audit structure to conform to infection control standards issued by the Centers for Medicare and Medicaid Services (CMS). It clarifies that nursing homes must meet all CMS metrics to be considered in compliance. It eliminates the proficiency score percent- ages but adds reassessment audits to assess compliance. It allows DOH to pursue civil and administrative penalties for noncompliance. It adds cohorting requirements to the infection control plan. Finally, it enables several nursing home members to share the responsibility of ensuring personal protective equipment (PPE) compliance and eliminates the requirements for a PPE designee in every shift to assess compliance.

S.7729 Skoufis – Requires real estate brokers to institute standardized operating procedures for the prerequisites prospective homebuyers shall meet prior to receiving any services

This chapter amendment requires real estate brokers to institute standardized operating procedures for the prerequisites prospective homebuyers shall meet prior to receiving any services.

S.7733 Biaggi – Relates to the awarding of attorney’s fees under the human rights law

This legislation amends the underlying chapter by clarifying the awarding of attorney’s fees in credit discrimination cases is not limited to only those discrimination cases alleging sex-based discrimination.

S.7734 Skoufis – Relates to freedom of information law disclosures related to law enforcement related records and records identifying victims

This legislation amends the underlying chapter by removing language which required a judicial hearing be held to determine whether FOIL-requested records related to an ongoing judicial proceeding will interfere upon release with an ongoing judicial proceeding. Additionally, the amendments remove language amending the civil rights law made by the underlying chapter, in relation to protecting domestic victim status confidentiality.

S.7766 Parker – Relates to fiber-based services being provided to tenants

This legislation amends the underlying chapter by adding a provision that a landlord or property owner may require the installation of fiber optic facilities to conform with building standards and that such fiber optic facilities shall not impact the safety and wellbeing of tenants. The legislation also adds that no landlord shall demand or accept payment for, or discriminate against, any tenant in exchange for permitting fiber optic services on the landlord’s property.

S.7773 Ramos – Relates to actions for non-payment of wages

This legislation clarifies that the underlying bill does not limit the liability of a subcontractor. The bill also requires that notice be given to a contractor prior to bringing a civil action and allows for the contractor to cure the alleged violation.

S.7782 Kavanagh – Directs the department of financial services and the division of housing and community renewal to conduct a study examining any increasing costs of liability, fire and casualty insurance premiums

This legislation amends the underlying chapter by clarifying that the proposed study concerns liability, fire, and casualty insurance coverage. Additionally, the due date of the study and report is extended to

11 months after the effective date.

S.7790 Brisport – Relates to considerations for adjustment by the probation service

This bill makes a technical change to a cross-reference to account for the enactment of a new subdivision in the family court act.

S.7792 Parker – Defines vacant and abandoned residential property in relation to mortgage foreclosure actions

This legislation amends the underlying chapter by establishing that vacancy in shall apply the same definition provided in section 1309 of the Real Property Actions and Proceedings Law. The bill also adds three means by which a property may be deemed abandoned, including; when all owners indicate abandonment in writing; by court order or municipality order either from an initiation by the court or in response to a tenant complaint that the owner has abandoned the property; when a tenant on the property sends a complaint to the foreclosing plaintiff indicating that the owner of the property has stopped maintaining the property. Further, the legislation establishes a penalty of $500 against plaintiffs who enter residential property without a good faith belief that the property is vacant or abandoned. The penalty is paid to the aggrieved owner and/or tenants of residential properties.

S.7797 Sanders – Defines the term property/casualty insurance and provides for the electronic delivery of a policy notice or document by an insurer to a party who consents to such delivery

This legislation amends the underlying chapter by defining the term “property/casualty insurance.” Additionally, it adds language to clarify that an insurer must obtain the consumer’s affirmative consent to deliver each kind of notice and specifies that such consent is not blanket consent for every kind of notice.

S.7801 Jackson – Relates to prohibiting legal fees to be charged by a lessor or agent thereof

This legislation amends the underlying chapter by clarifying that this prohibition against unauthorized legal fees is not applicable to a shareholder of a co-op, however a shareholder of a co-op that rents out the unit is still prohibited from charging their tenants or sub-tenants legal fees without a court order.

S.7808 Hoylman – Relates to changes of name and sex designation

This legislation amends the chapter from 2021 to clarify that notice of a name change must be provided to: 1) any court that imposed a child- or spousal-support order on the name-change petitioner; and 2) any social services agency from which a party to the name-change petition receives child support services under article 6-a of the social services law. The bill also clarifies provisions concerning how and when a name-change petitioner may request that their name be updated in public and private documents, such as marriage certificates and school records.

S.7819 Myrie – Relates to special elections to fill vacancies in the state senate and assembly

This is a chapter amendment that makes changes to provisions of Chapter 320/2021 in relations to the procedure for calling and scheduling special elections to fill vacancies.

S.7826 Persaud – Permits the use of contiguous and non-contiguous municipal public space by certain licensees under the alcoholic beverage control law

This is a chapter amendment that makes changes to provisions of Chapter 238/2021, amending the permission for alcohol retailers the use of noncontiguous municipal spaces for outdoor dining.

S.7828 Thomas – Makes the Sai Mandir USA real property tax exemption contingent upon the approval of the legislature of the county of Nassau

This legislation amends the underlying chapter by changing the approving entity for the tax exemption from the Town of Oyster Bay to Nassau County, which in this instance, in the appropriate approving entity.

S.7830 Kavanagh – Relates to certain duties of a board of directors of a mutual housing company and prohibiting certain mutual housing companies from voluntarily dissolving during the COVID-19 state disaster emergency

This legislation amends the underlying chapter by narrowing which types of elections the underlying legislation applies to, adding a requirement that the outer envelope of a ballot must be signed by the co-op shareholder to be valid, narrowing which types of elections are prohibited from using proxies, narrowing the acceptable reasons a person running to serve on the board of directors may be denied eligibility, and adjusts the voting threshold for approval in certain elections.

S.7836 Kennedy – Establishes a commercial tariff for electric vehicle charging infrastructure

The underlying chapter directed electric utilities to file a tariff with the Public Service Commission utilizing alternatives to traditional demand-based rate structures. This legislation amends the underlying chapter by directing the Public Service Commission to commence a proceeding to establish a tariff, other operating cost relief mechanism, or a combination within one year. Such tariff or operating cost relief mechanism must be technology agnostic, enable customers with electric vehicle fleets as their largest source of energy demand to opt in without delay, be available to both existing and new customers, provide cost-relief on a monthly basis, and be utility service territory specific. The legislation also clarifies that the Public Service Commission will periodically review the tariffs or operating cost relief mechanisms, but no sooner than 18 months.

S.7844 Reichlin-Melnick – Relates to the firearm violence research fund

This is a chapter amendment that makes changes to provisions of Chapter 589/2021, in relation to taxpayer gifts for firearm violence research and changing which fund the revenues shall be sent to.

S.7870 Rivera – Relates to statewide opioid settlements and the opioid settlement fund

This chapter amendment makes various changes to provisions of Chapter 190/2021, including:

• Ensures that money expended from the fund would be used consistently with the terms of any statewide opioid settlement agreement as defined in section 25.18 of the Mental Hygiene Law
• Ensures expenditures are limited to the defined uses
• Which state entities are captured
• And makes changes to the composition of the Opioid Settlement Board

S.8288 Skoufis – Establishes the chief disability officer

This legislation amends the underlying chapter by renaming the office of the advocate for people with developmental disabilities to the chief disability officer (CDO). It also moves the office from the department of state to the executive chamber.

Governor Announces Regional Clean Energy Hydrogen Hub

The Governor announced that New York has signed a multi-state agreement to develop a proposal to become one of at least four regional clean energy hydrogen hubs designated through the federal Regional Clean Hydrogen Hubs program included in the Bipartisan Infrastructure Investment and Jobs Act. The consortium also includes Connecticut, Massachusetts, and New Jersey. The announcement follows Governor Hochul’s directive in her 2022 State of the State address to make New York State a green hydrogen hub. The consortium will develop a proposal in response to the United States Department of Energy (DOE) Funding Opportunity Announcement, anticipated to launch in May 2022 with $8 billion in funding available.

Governor Hochul said:

Attorney General Calls on Governor to Implement Nursing Home Staffing Ratios

The Attorney General held a press conference, accompanied by 1199SEIU President George Gresham, to call on the Governor to move forward on implementation of staffing requirements for nursing homes. Due to the current healthcare workforce shortage the Governor has paused implementation by Executive Order. The new staffing requirements were initially set to take effect in January.

Attorney General James said: