End of Session Priorities

June 5th, 2019

With few legislative days remain in the 2019 session and several outstanding items remain on the legislature’s agenda. Despite one-party control, it is not clear they will be able to address the entirety of their agenda, but several issues that are being discussed raise significant concerns for Unshackle Upstate, our members that will have significant impact on Upstate economy.

Included below are several issues that our organization has and will continue to be engaged on throughout the remainder of this legislative session and, if need be, well beyond.

Legislative Priorities (Oppose)

Prevailing Wage: A. 1261 (Bronson) / S. 1947 (Ramos)

After successfully keeping this bill out of the budget, the issue has been repeatedly identified by the Governor and Legislature as a top end of session priority. Despite that declaration, the Governor has yet to exert any political capital on the issue. Unshackle Upstate and our partners have been a lead voice in highlight the devastating impact this legislation would have on the Upstate economy, and that message has resonated with members.

Single Payer Healthcare: A.5248 (Gottfried)/ S.3577 (Rivera)

While this issue is not likely to come for a vote this session, it remains a top priority for Unshackle Upstate. This legislation received its first joint legislative hearing in Albany. Longtime sponsor of the bill Assm. Gottfried has been joined by Sen. Rivera and they have been aggressively lobbying for support, backed by progressive activists. The Governor has expressed opposition, and several union groups have concerns. Additional hearings are expected this summer.

Climate and Community Protection Act: A.3876 (Englebright) / S.2992 (Kaminsky)

The Governor proposed a “Green New Deal” in the budget that would have made our electric grid carbon-free by 2040 and put New York on a path to be carbon-neutral. This plan rejected by the legislature, instead choosing to pursue the CCPA. This bill would mandate that we reduce our carbon emissions 50% across the spectrum by 2030 and achieve zero-carbon emissions by 2050. The latter proposal would have a devastating impact on the New York economy. The legislature is confident a deal can be reached by the end of session, they are currently nuancing carbon-offsets vs. net-zero approach.

Farmworkers Fair Labor Practices Act: A.2750 (Nolan) / S.2837 (Ramos)

With a new majority in the State Senate, this issue has received renewed interest in Albany. The Senate Democrats have held several hearings on this issue, and lead sponsor Sen. Ramos has traveled the state “getting feedback” and attempting to rally support for the bill. A recent decision by the State Appellate Court ruling in favor of farmworkers right to collective bargain may have slowed this process down, but some members remain committed to passing a bill. The net result for Upstate would be devastating.

Upstate Rent Regulations: A.7046 (Cahill) / S.5040 (Breslin) / Good Cause Eviction: A.5030-A (Hunter) / S.2892-A (Salazar)

Traditionally a New York City specific issue, this has the potential to impact Upstate in a meaningful way. While being pushed by downstate members, Sen. Breslin in Albany and Assm. Cahill in Kingston have picked up “Universal Rent Control” legislation that would expand these policies Upstate. While the bill requires municipalities to opt-in, it is inevitable that activists will have success pressuring individual municipalities to “opt-in” one-by-one. This is a perfect example of the legislature failing to respect the differences between the economies of Upstate and New York City.

Marijuana legalization: A.1617-A / S.15227

Despite strong support in the legislature for the end goal, this issue seems to be hung up on the details. Crystal Peoples-Stokes and Liz Kreuger released an amended version of the bill that moved closer to the Governors proposal. The Governor has stated the legislature still lacks the votes to pass a bill. Our concerns center around employer protection and maintaining a drug free work environment.

Polystyrene Product Ban: A.4604 / S.3069

Unshackle Upstate has consistently opposed unnecessary product bans that will cost our communities jobs without any meaningful benefit to the environment. This bill and others like it fit that mold. Following the plastic bag ban in the budget, the legislature is advancing this proposal and others that will hurt Upstate manufacturers.

Additional Issues:

MWBE Reform

Flexible Work Arrangement Legislation

Taxable Assessments on Golf Courses

State Contractor Spyware Requirement

Elimination of the Tipped Wage Credit Decision (DOL)

Any new labor or business mandates

Legislative Priorities (Support)

Despite a primarily defensive posture, Unshackle Upstate is also working to support legislation beneficial to job creators in New York. Working with our partners we have identified issues that can attract the support of the majority and make a positive impact on our state’s business climate.

PFL Unemployment Rating: A. 2547 (Fahy) / S. 1113 (Amedore)

This legislation fixes and issue in the state’s PFL program that punishes employer’s UI rating when one employee is let go after another employee returns from PFL.

Small Business Regulatory Nexus: S. 5240 (Kaplan) / A. 846 (Simotas)

This bill creates a Small Business Regulatory Nexus on agency websites to assist small businesses navigate and comply with regulations

Regulatory Compliance Cures Bill: S.5815 (Kaplan) / A.7540 (McDonald)

Provides employers with first offense forgiveness for regulatory violations and provides guidance on corrective action

Voting Paid Time Off: A.6346 (Jones)

Rolls back expansions included in the state budget requiring employers to offer three hours of paid time off

Manufacturing Tax Cuts Parity: A.636 (Stirpe) / S.4671 (Kaplan)

Expands the elimination of the franchise tax that applies to C-corp manufacturers to include S-corps manufacturers