REPORT FROM THE HILL
NYALL, LLC
Legislative and Regulatory Counseling
© C. Brescia
March 8, 2019
note that Dick Brescia is NYPGA's lobbyist for the industry in Albany
Governor Andrew M. Cuomo has been mentioned as a possible presidential candidate (who hasn
't) and now is getting press as the most qualified in a field of dozens and as the leader of the state with the highest tax burden. This week he talked about tax cuts, the comptroller said $187 more is available than the governor's budget, the senate said less, and the assembly said more and rejoiced. March is budget deadline month. The governor wants to save the money for a rainy day, the senate democrats want to spend more on education.
The $2.3 shortfall due to tax flight of the one-percenters reacting to loss of SALT deductions, added to the usual out-year deficit of over $3 billion suggests tax cuts would be difficult but a cut of even minuscule size is still a tax cut, at least amongst the political class.
What does it matter? It is Trumps fault.
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Action on Existing Bills
Propane Emergencies Bill
A-1434 -Santabarbara - was reported from assembly Ag and Mkts to Codes. Last year the measure was introduced and passed on January 17. We filed a memo in opposition including a history of the
"tank" issue stressing the assembly is on record in support of the twice-vetoed "container law" bills. Clearly a contradiction of A-1434
A- 4606 - Englebright -
No Same as;COMMITTEE ON GOVERNMENT OPS;Amd
§379, Exec L; amd §
777, Gen Bus L.
Authorizes local governments to adopt local building code standards which are more stringent than those in the New York state uniform fire prevention and building code without approval of the uniform fire prevention and building code council.
NYPGA filed the following Memo-In-Opposition
T
his measure reverses the changes made two years ago to the executive law that precludes enforcement of any local ordinance "more restrictive" than the state code without approval of the Uniform Fire Prevention and Building Code Council.
The adoption of the International Code Council standards created uniformity across political subdivisions that expedites development, eliminates conflicting rules and provides localities with an improved revenue outlook from timely approval of permit requests. These changes would return the state code to multiple, confusing and conflicting rules. Any jurisdiction with special conditions that warrant more restrictive ordinances may simply apply to the code council. Most are rejected either due to lack of credible need or because the state code covers the condition. The code council members are geographically dispersed and aware of the variations in conditions throughout the state.
A4142 Englebright (MS) No Same as
ENGLEBRIGHT, PEOPLES-STOKES, BENEDETTO, CUSICK, HEVESI, JAFFEE, LUPARDO, ZEBROWSKI, CRESPO, FAHY, WEPRIN, COOK, COLTON, D'URSO, JEAN-PIERRE, ORTIZ, RODRIGUEZ, SANTABARBARA, STIRPE, WOERNER, CROUCH, FRIEND, MALLIOTAKIS, BLAKE, JOHNS, B. MILLER, THIELE; M-S: Abbate, Blankenbush, Galef, McDonough, Simon
Add §29-f, Exec L
Enacts the New York emergency responder act limiting the liability of certain emergency responders.
WE FILED THE FOLLOWING MEMO-IN-SUPPORT
The language in section 2 of the bill protects responders and corporate entities. We had filed in support of this measure several years ago suggesting the inclusion of non public first responders to indemnified status. The propane industry maintains a list of over 100 certified personnel available to first responders dealing with propane emergencies. The NYPGA also trains approx. 300-400 fire fighters each year as part of our "Propane Emergencies" program at no cost to fire companies and local officials. NYPGA also conducts joint training with the DOS at the NYS Fire Academy in Montour Falls, NY.
The program is funded by the Propane Education and Research Council established by federal law in 1997.
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Regulatory Activity
Employee Scheduling Regulations
The regulation has been withdrawn. Regulatory proceedings provide a procedure for regulated parties and the public to comment on proposed regulations published in the NYS Register. The rules establish a time frame in which the regulation remains active - 90 days, eg. - continuance
if needed - and either promulgation or, as described below, withdrawal. The NYPGA and business community is on record opposing this regulation.
Employee Scheduling Regulations
Following a series of public hearings in late 2017, the Department of Labor issued proposed regulations to address what is commonly identified as "just-in-time," "call-in" or "on-call" scheduling.
Based on extensive feedback in the subsequent comment period, it was clear the Department's initial intent to support workers while being fair to businesses was viewed as a one-size-fits-all approach that was not appropriate for every industry.Comments on the revised rules, issued in late 2018, indicated that significant issues remained, and the revisions did not achieve the balance of certainty and flexibility for either workers or businesses.
At this time, due to the constraints of the regulatory process, the best course of action is to let this process expire and re-evaluate in the future, likely in concert with the Legislature, which would have a broader authority and better legal standing than Department of Labor regulations alone to balance the various needs of workers, businesses and industries.
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SANITARY CODE - NYS DEPARTMENT OF HEALTH
In August of 2018 the NYSDOH amended the Sanitary Code to require underground propane tanks be separated from water wells at distances established for petroleum fuels. Heretofore, tanks and water wells were separated pursuant to the state building code. The department and Suffolk health were not responsive to our concerns for several months, the state finally agreeing to a meeting on September 11, 2018 with NYPGA and Long Island Builders' Institute.
Two threshold issues discussed concerned the department classification of propane as a
"contaminant", and lack of public notice in the state register, a requirement of state law when a new rule or modified rule or regulation is proposed. When asked the basis, data, findings, citations, etc. to support the change the agency refused to reveal anything asking instead that we file a FOIL request, that we filed on Oct. 4, 2019. The agency twice postponed the time period to fill such requests, typically within 22 days.
A letter was sent to the Commissioner on Feb. 20, 2019 explaining the current state of affairs and explicitly asked for the rule to be place in abeyance pending a review by NYPGA. We suggested that any data assembled after the of the issuance of the rule is scientifically and legally suspect, with the appearance the agency acted first and found justification later.
On March 6 a call was placed to the commissioner
's office that acknowledge receipt of the letter, that it had been passed on the director of water quality, who when contacted promised to "get back to us".
LEGISLATION INTRODUCED
WEEK OF MARCH 4, 2019
S3855
LANZA Same as A 4959
Cusick
LANZA
Amd
§6, Chap 395 of 1978
Extends the moratorium on the issuance of certificates of environmental safety for the siting of facilities and certification of routes for the transportation of liquefied natural or petroleum gas.
This measure is introduced every two years to extend the moratorium. The bill does not affect propane.
INTRODUCED THE WEEK OF MARCH 4, 2019
S3360
GAUGHRAN
Same as A 6193
Lavine
GAUGHRAN, BOYLE
Amd
§778-aa, Gen Bus L; amd §378, Exec L
Relates to home heating system conversion; requires written notice regarding such conversion.
This is a repeat from last year, the intent of which is to avoid spills and leaks from in active heating oil tanks when customers switch to other fuels.
Individual files below. .ics files
