518-436-6673 brescia@nyall.com
My last report (January 19, 2018) described the passage of A8940A on January 17th. Subsequent introduction of S-7395 (Tedisco) has led to negotiations on amending the original measure, in our view a flawed concept and legally incoherent, though entreaties to the assembly sponsor, Mr. Sanatbarbara, produced no recognition of our concerns
detailed in a Memo-In-Opposition and in verbal comments but produced an amendment as deeply flawed as the original. The assemblyman’s use our memo is unclear but he may have misrepresented our memo as proof of consultation with industry. Senate Tedisco is trying to put the matter right. We have offered, in effect, a substitute bill that protects our property, our liability and contractual rights and establishes a container law. Santabarbara’s bill would allow a consumer to seek fuel elsewhere during an emergency but fails to address the nature of such gubernatorial declarations that suspend laws and regulations that would allow such an option. In short, there is no law to suspend during an emergency since there is no container law. Perhaps the assemblyman could address that in his next TV appearance, his favored method of communication. I wonder if he has an agent yet?

 

[THIS BILL IS NOT IN NUMERICAL ORDER. THE BILLS THAT FOLLOW APPEARED IN THE JANUARY 19 REPORT FROM THE HILL]

A9784

Amd §379, Exec L; amd §777, Gen Bus L

Authorizes the city of Buffalo to adopt or enact local laws, codes or ordinances imposing higher or more restrictive standards than the New York state fire prevention and building code, relating to the presence of lead in buildings; such local laws, codes and ordinances shall not be subject to the review of the state fire prevention and building code council.

Assemblyman Sean Ryan introduced this measure to authorized the City of Buffalo to impose more restrictive standards than the state uniform fire prevention and building code relating to the presence of lead in buildings though the exact deficiency of the state code is not spelled out in the bill or sponsor’s memo where one would expect. The irony is the passage of a bill last year to limit adoption and enforcement of more restrictive ordinances by localities without approval of the building code council. According to the sponsor’s memo health care facilities are of concern as well other neglected properties that place children and health care workers at risk. I hear the pitter patter of little health care unionized workers feet.
01/03/18S6854  SANDERS  Same as A 8707  Rozic
SANDERS
Add §168-a, Lab L
Relates to providing for rest between work shifts; prohibits the scheduling of an employee to work the first ten hours following the end of the previous calendar day’s work shift or on-call shift or the first ten hours following the end of a work shift or on-call shift that spanned two calendar days unless an employee consents or volunteers, in which case the employee shall be paid one and one-half times the regular rate of pay.

This measure would extend pending regulations on which comments were submitted [see:12NYCRR 142FF] that would prohibit scheduling call-in employees without a 4 hour guarantee payment at time-and-a-half.  There are similar assembly bills designed to implement by law (or regulation) terms found in collective bargaining agreements or regulations initiated in the Obama administration to require payment to employees classified as non-hourly wage.

S7395-A  TEDISCO  Same as A 8940-A  Santabarbara

S7395-A  TEDISCO  Same as A 8940-A  Santabarbara
ON FILE: 01/17/18 Agriculture and Markets Law
TITLE….Relates to authorizing the delivery of liquefied petroleum gas in times of emergency

01/12/18
REFERRED TO AGRICULTURE
01/16/18
AMEND AND RECOMMIT TO AGRICULTURE
01/16/18
PRINT NUMBER 7395A

This bill, discussed in the last report is likely to undergo additional amendments to cure its obvious defects and protect property owned by dealers and continue the safety standards in place.  The measure as imperfect as it is, appears to allow customers to declare an emergency if they feel at risk or loss of life or property, allowing them to secure product from another dealer.  This section of the bill does not require a declaration of emergency to trigger this option.  Several proposals have been discussed informally with the senate sponsor to assure continued control by owners over access to tanks and proper procedures while carving out options for consumers to secure deliveries when at demonstrable risk AND when and if a declaration of emergency has been issued by the governor and if liability can be accurately assessed to any succeeding dealer.

S7318  GRIFFO  Same as A 8921  Paulin

S7318  GRIFFO  Same as A 8921  Paulin
ON FILE: 01/05/18 Public Service Law
TITLE….Relates to establishing the energy storage deployment policy

01/05/18
REFERRED TO RULES
01/08/18
ORDERED TO THIRD READING CAL.4

The bill seeks storage media policy for energy from
renewables to realize the efficiency of such sources.  It forms part of the governor’s commitment to back out of hydrocarbon fuels such as fuel oil and propane as outlined in the State Energy Plan while dealing with the variability of solar and wind energy supply.
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Legislative and Regulatory Counseling

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