Final Push

Good morning from Albany, New York. The Senate has only seven scheduled session days remaining, and Senate Majority Leader Andrea Stewart-Cousins is adamant they will adjourn on June 13. The Assembly has already added a couple extra days and plans to be in session through June 17. Extra members (150 vs. 63) simply means it takes longer to do everything from debates to the actual voting on bills.

What, exactly, both houses will be debating and voting on is the subject of intense debate, discussion, and lobbying. Please let us know if you have questions about specific bills or are interested in getting legislation done... or stopped. We can help!

One bill receiving intense scrutiny and debate is the Packaging Reduction and Recycling Infrastructure Act, which was very close to passing last year before the eleventh-hour decision by Governor Kathy Hochul to pause congestion pricing sent several things sideways. The legislation, which has faced intense opposition from groups like the Business Council and the American Chemistry Council, would require companies to pay fees based on the amount of packaging waste they generate and would require these companies to fund and oversee a new organization that would be responsible for fee collection and waste reduction initiatives. It would also require a 30% reduction in packaging over 12 years. 

The Business Council has proposed a compromise bill that enacts a version of the “extended producer responsibility” (EPR), but does not go as far as the requirements in the original. Paul Zuber, Executive Vice President of the Business Council, offered, “Instead of being a situation where business stomped its feet and said, ‘We’re not going to do this, we’re going to try to block this, we’re going to try to do whatever we can to stop it,’ we came up with something that we felt was reasonable.” Nonetheless, an intense lobbying effort has been underway to oppose the bill, from a coalition including Target, Coca-Cola, and the American Chemistry Council, that has been targeting lawmakers with recent ads. Expect several additional twists and turns as advocates try to negotiate something that can pass muster in both houses.

A bill to allow for the sale of wine in grocery stores was amended last week as the bill’s sponsors and proponents made a last-minute push. The amended legislation, sponsored by Senator Liz Kruger and Assemblymember Pam Hunter, would allow food stores larger than 4,000 square feet to apply to sell wine, and would allow liquor stores to sell snacks, tobacco, and drink mixers. The amendment also adds a provision that prevents supermarkets that sell wine from being within 500 feet of liquor stores. Even with the changes, Kruger is not optimistic that enough of her Assembly colleagues will support the measure, telling reporters, “I'm not giving up hope that's something I could even try to move this year. It’s still possible, but it's probably not. But I would love to say we could get it done, because when I talk to my colleagues, nobody really has strong opposition to it.” New York is one of ten states that do not allow for the sale of wine and liquor in grocery stores, and many policies in the state’s Alcoholic Beverage Control (ABC) Law have not been updated since Prohibition. 

Senator Sean Ryan (in what could be his last legislative session in Albany) is making a big push on legislation that would ban non-compete clauses in employment contracts. The bill has been a longstanding priority for Ryan, who offered, “I have listened to the concerns of employees and employers alike, and I look forward to continuing conversations with stakeholders around this important issue and getting this bill over the finish line.” Hochul vetoed a prior version of the bill, and opposition groups are preparing to ramp up an ad campaign to target lawmakers in the final weeks of the session. Heather Mulligan, President of the Business Council, said, “Job creators—from small businesses to multinational employers—are sounding the alarm about this misguided policy. These ads are a wake-up call: this bill would devastate our state’s already fragile jobs recovery and do lasting harm to our economy.” Ryan pushed back: “When this bill passed in 2023, it was met with a dark money, fear-mongering campaign and significant lobbying efforts from the large corporations that stood to lose a competitive advantage they had long enjoyed over small businesses in New York. The version of the bill that I introduced this year addresses the concerns employers raised back in 2023, and yet this new attack ad features the same fear-mongering tactics as if it’s the same bill.”

Lawmakers are also considering the Responsible AI Safety and Education Act, or RAISE Act, sponsored by Senator Andrew Gounardes and Assembymember Alex Bores. The bill would require companies developing advanced AI models to have a third-party audited safety plan, disclose any critical safety incidents, and create protections for employees and whistleblowers who identify potential problems. The legislation does not apply to start-up companies or academic research. Instead, it targets companies developing “frontier models” that are capable of causing mass casualties or over $1 billion in damage. It is exactly the type of responsible, balanced regulation that this moment in the development of artificial intelligence calls for and that is why it continues to gather momentum.

You can listen to Assemblymember Bores discuss his legislation and the broader AI landscape in New York here. 

There is also a lot of energy around overhauling New York’s prisons, with momentum primarily behind two bills.  One is the Earned Time Act, which increases the pathways by which inmates can reduce their sentence through prison programming and good behavior. Another is Elder Parole, which would permit inmates who have served for more than 15 years and are over age 55 to apply for parole. There is also a comprehensive package of bills dedicated to Robert Brooks, the inmate who was killed at Marcy Correctional Facility last year. Among the provisions included in the Brooks package are an expansion of the State Commission on Correction, authorizing representatives from the Correctional Association of New York to conduct unannounced visits at state prisons and increased disciplinary power for the commissioner of DOCCS.  

Medical Aid in Dying remains alive with advocates focused on the Senate after the Assembly voted recently to advance the measure allowing for terminally ill patients to end their lives with the assistance of a healthcare professional. Senate sponsor Brad Hoylman-Sigal believes he has the votes to pass the bill, but it needs to get to the floor for a vote first. Some lawmakers have expressed concerns about the moral implications raised by the legislation, and several groups, including the New York State Catholic Conference, have come out strongly in opposition.  

Momentum continues behind the effort to modernize New York State’s reading curriculum to ensure evidence-based literacy practices, specifically focusing on establishing a Center for Dyslexia and Dysgraphia within the State Education Department. As many as one in five children have dyslexia or another phonemic awareness issue, but to date, New York lacks a comprehensive statewide approach to identifying and addressing their needs. Educational research unequivocally demonstrates that early identification of dyslexia, coupled with intervention and multisensory sequential phonics instruction, improves academic outcomes. The Center was a recommendation of the Dyslexia Task Force, and this year’s budget included $250,000 to launch the center. Advocates are optimistic this long-overdue center will become a reality this year.

In her remarks, Lefton said, “I feel very proud to have a well-rounded view of not-for-profits, the private sector, and government. It has shaped my belief that through collaboration and partnership, we get the best outcomes for the natural environment and for the people and families we serve.” Lefton will have her work cut out for her with the state well behind in many of the renewable energy projects and emission reduction initiatives prescribed in 2019. With New York’s focus and goals on climate facing tougher headwinds, out of Washington and in people’s checkbooks, this is an increasingly important role. 

The Senate also confirmed Willow Baer to lead the Office for People with Developmental Disabilities (OPWDD) and Denise Miranda as Commissioner of the Division of Human Rights. 

-Jack O’Donnell

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